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SCO BIE'S 
 
 MUNICIPAL MANUAL, F 
 
 FOB 
 
 UPPER CANADA. 
 
 SECOND EDITION WITH SUPPLEMENT, 
 
 U 
 
 ^•■■" > 
 
 CONTAINING 
 
 THE MUNICIPAL CORPORATIONS ACT AND AMENDED ACT ; ROAD AND 
 
 BRIDGE COMPANY'S ACT AND AMENDED J^^T : ASSESSMENT ACT ; 
 
 COMMON SCHOOL ACTS; GRAMMAR SCHOOL ACTS; 
 
 AND ALt OTHER ACTS WHICH CONKER POWERS OR 
 IMPOSE DUTIES ON THE MUNICIPALITIES. 
 
 WITH A MAP OF ITFFEB CANADA. 
 
 i 
 
 fll 
 
 I 
 
 TORONTO: 
 
 HUGH SCOBIE, 16, KING STREET EAST, 
 AND SOLD BY ALL BOOKSELLERS. 
 
 MDCCCLI. 
 
 •*»#- 
 
 i-r-n*>ifi-Ti-iiti(ihifii 
 
 
 ^■.■k 
 
 i 
 
 ■ ' '■:v.'- ■".'.■*■-, . •* ■ 
 
 
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i 
 
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 in Uj: 
 
 passini 
 
 their 
 
 togethJ 
 
I 
 
 PREFACE. 
 
 The great changes which have lately been mailo in the Municipal Institutions of 
 Upper Canada, anil the extension of the Municipal system, sugijestoJ the propriety anJ 
 necessity of collecting anil publitthing, in a compact form, the various Acts anil parts 
 of Acts of Parliament, in force in the Province, relating to those Institutions. These 
 Acts, scattered over several volumes of the Statute Book, were not at all times to be 
 •obtained by parties wishing to consult them, anil, even when accessible, they were 
 <not in a convenient form for reference. Accordingly, in May, 1850, the Municipal 
 Manual was published, in which these Acts, carefully collected together, were presented 
 in a form at once cheap and convenient. Tho Munidpul Manual having met with 
 public favour, the foundation was thus laid, for issuing a Second Edition with a 
 Supplement, embodying such Amendments of the Acts as have since taken place, 
 and such additional Acts as have &ince been passed, in reference to Municipal affairs 
 'n Upper Canada ; to which have been added a few other Acts of importance of older 
 date. 
 
 The Subscriber has now the satisfaction of issuing the Second Edition with 
 Supplement. He trusts that the entiie work will prove of essential service, in rendering 
 the community familiar with the Municipal laws of Upper Canada, and the mode of 
 carrying them beneficially and legally into execution. 
 
 The firet pa.t of the Work comprises a List of the Counties and Unions of Counties 
 in Upper Canada, at present existing; from which it will be seen, that since the 
 passing of the Counties' Division Act, two Junior Counties have been detached from 
 itheir Unions, and now form separate and distinct organizations. 
 
 The Munidpd Manual and the Supplement can be purchased separately, or both 
 
 together. 
 
 HUGH SCOBIE. 
 ToaoMTo, March, 1851. 
 
*/ 
 
 1. Coi 
 
 C( 
 Ef 
 W 
 Hi 
 
 To 
 
 1 
 Nil 
 
 CODFJTI 
 
 txii 
 
 9. Mum 
 Mm 
 Cori 
 An]( 
 Bom 
 Surv 
 184 
 
 *. Assess 
 
 Asses 
 Arrea 
 Coinir 
 
 Militj 
 
 Publ 
 
 Railrd 
 
 ^■ 
 
 ■^^■ 
 
 !• TowNsn 
 
 Miscell 
 
 Ameiici 
 
 Amend 
 
 Assessi 
 
 Arrean 
 
 l>0(f Tf_ 
 
 Militia 
 
 Public 
 
 Hounda 
 
 Highw! 
 
 Line F 
 Road a 
 
 Rnilronl 
 *^hoolsf 
 '''"verni 
 
 I 
 
 ToiviigJ 
 
CONTENTS, 
 
 11 
 
 A N A L Y T I C A T, I. Y A R R A N F. I). 
 
 M 
 
 I. CLASSIFICATION". 
 CORPORATIONS IN GENKRAL AND ACTS RELATING TO TIIKM. 
 
 PAnea 
 
 1. CoDNTlE* find Ridings. I&IS 130 to 132 
 
 Counties Divisions, Ig49 PI I to 00 
 
 Essex, Kent and Lnniliton, 1SJ9 91 to 0;J 
 
 Western District, iiiireponled SectionB,18|j. I'iH 
 
 Huron, Perth nnd Rruce, 1849 93 to 94 
 
 Toronto, unrepealed Sections, 1H34 and 
 
 1840 117 to lis 
 
 Niagara, unrepealed Sections, 1^39. ... 119 
 
 Counties anr Unions op Counties, at present 
 
 txiiting, 1831 vil to xi 
 
 3. Mdnicifai. Acts repealed, 1840 106 to 113 
 
 Municipal Corporations Act, 1840 1 to 80 
 
 Corporations Amendment Act, 1850. . . .133 to 1.51 
 Amendments liicrnlly rendered, IBSO. . .1;)>2 to 16-i 
 Boundaries of Towns in Scliedule D,1850..-J2.'; to 'iiS 
 Surveys of Township und other lines, 
 1849 229 to 238 
 
 3. Amesbment Acts repealed, 1830 1G4 to 163 
 
 Assessment Act, 1830 166 to 182 
 
 Arrearsof Taxes, 1830 184 to 185 
 
 Common Schools, 1830 180 to 211 
 
 Dogs, 1845 126 to 127 
 
 Militia CommutaUon, 1841 nnd 1849.. . .119 to 120 
 
 Public Buildings Fund, li-'30 183 to 1^4 
 
 Railroads Aid, 1830 221 to 223 
 
 PAORS 
 
 4. Sciinnr.s, Common, IP-W 189 to 211 
 
 Lciiisliitlve Grant to Common Schools, 
 1-50 211 to 212 
 
 Grammar School Acts, 1807, 1808, 1819, 
 IV3-, imi, 1816. and 1850 212 to 220 
 
 5. LirKNsiNO Act, WoO la.'j to 188 
 
 Impcriul Duty explained 238 & 239 
 
 6. ITioinvAYs, 1810 1 1^ 
 
 Road Allowniices, 18.J6 128 
 
 Repairs of Roads and llrldgcs, in Cities 
 
 and 'I'owMS, &c., 1850 223 to 22| 
 
 7. Ferriks, 1707 113 to 114 
 
 3. Line Pencks and Water Courses, 1845. . .121 to 126 
 
 0. Township Officcrb, 1833 116 to 117 
 
 to. Houses of Lvdustry, 1837 114 to 113 
 
 11. Look-up Houses, 1?47 129 to 130 
 
 12. Road and Rridqis Companies Act, 1849. . 93 to 106 
 
 " Extended to Railroads, 1830. . .163 to 164 
 
 13. Railroads, Toronto. SImcoe nnd Lake ■ ' 
 
 Huron, to enable Municipalities to aid, 
 
 1850 221 to 223 
 
 Great Western, to enahle Municipalities 
 to aid, I8.i0 222 to 223 
 
 Road and llrid'^c Companies' Act, ex- 
 tended to Railroads, 1850 163 to IM 
 
 II. CLASSIFICATION". 
 
 PARTICULAR CORPORATIONS AND ACTS RELATING TO TIIE.M. 
 
 TowNsntp Municipalities I 
 
 Miscellaneous Provisions 37 
 
 Amendments '33 
 
 Amendments literally extended 152 
 
 Assessment Act 166 
 
 Arrears of Taxes 184 
 
 Dor Tax 9& 10 ; 126 
 
 Militia Commut- ,ion .HI 
 
 Public Buildings F'und '.183 
 
 Boundaries and Surveys, 7 ; 10? 130 ; & 229 
 Highways, Roads and Bridges, 8 & ; 114 ; 
 
 2£) 
 Line Fences and Water Courses, 10 •, & 121 
 Road and Bridge Companies, subject to 
 
 Municipalities 9 
 
 " To report 10 Municipalities .. 
 
 •• Municipalities may take Stocit, 
 
 Loan Moneys, Purchase the 
 
 Roads, &c 
 
 " Privileges extended to Rail- 
 roads 163 
 
 Railroads Aid by Municipalities 221 
 
 Schools, C^omnion 7 ; 106 
 
 Tavern and other Licenses 9 ; 1-5 
 
 " Imperl.il Duty 23- 
 
 Township Officers 8 -, 116 
 
 to 11 
 
 to 6.-1 
 
 to 147 
 
 .0 162 
 
 to 182 
 
 & 185 
 
 & 127 
 
 & 120 
 
 to 181 
 
 to 2;)8 
 
 128 & 
 
 &221 
 
 to 126 
 
 & 00 
 
 100 
 
 It. 103 
 
 to 164 I 
 to 2>:l I 
 to 111- ' 
 10 t-^ i 
 & 230 : 
 & 117 
 
 County Municipal Councils 11 to 
 
 Miscellaneous Provisions 37 to 
 
 Anienilincnts i:)3 to 
 
 AmeiidMieiits literally extended ...... 1.52 to 
 
 As^essniprii Act 166 to 
 
 Arrears of Taxes 184 & 
 
 Dor Tax 9 & 10 ; 126 & 
 
 Militia Commutation 119 & 
 
 Fer 
 
 14 : 
 
 Highways, Roads nnd Bridges 12 ? 114 ; 
 
 Houses of Industry, &c 13; 114& 
 
 Road and Bridge L'oiipanics 06 ; 
 
 Takine Stock and otherwise aiding them, ic, 
 Kond Companies Act extended to Rail - 
 
 Roads 163 & 
 
 Railroads Aid 221 to 
 
 Schools, Common 201 & 
 
 " Grammar 13 ; 212 to 
 
 IG 
 
 65 
 117 
 162 
 l'-2 
 185 
 127 
 120 
 113 
 129 
 113 
 100 
 103 
 
 164 
 223 
 202 
 220 
 
 Countifs and Unions, at present exist- . 
 
 ins, l!^5l vil to xl 
 
 Mode of Dissolving Unions . . .82 to 87 & 01 to 91 
 
 Vit.t.AdKs. Police 16 to 20 
 
 Lock-up Houses 129 4:130 
 
t 
 
 
 ■' 
 
 CONTENTS. 
 
 i- I 
 
 i\ 
 
 «! 
 
 I. ViLi.AORs, Incorporaicd 
 
 MlBcellaiicouH rroviitioiiB .... 
 
 Aiueiidiiieiiis 
 
 AiiieiidineiilB lilcrnlly cttciideU . 
 
 AsDeiiiimeiit Act 
 
 Arrears of Taxoii 
 
 Dog 'i'ux 
 
 RailrondH Aid 
 
 Hchools, Coiiiinoii 
 
 Unrveys and Uuiindnries 
 
 Tavern and olhcr Licenses. . . . 
 
 ]iii|ierial Uiity vxplaincd 
 
 Sclicilule A 
 
 Scli'jdulu 1) U2 
 
 Amiikustduruii 
 
 " boundaries 
 
 Chatham 
 
 " boundarieti 
 
 CUIPl-AWA 
 
 " bo induries 
 
 Galt 
 
 " boundaries 
 
 GUELPH 
 
 " boundaries 
 
 OSHAWA 
 
 " boundaries 
 
 Paris 
 
 '* boundaries 
 
 A £RXIi ••■••••■•■••• • • ••«•> • • • 
 
 " boundaries 
 
 Richmond 
 
 " boundaries 
 
 SiMcoe 
 
 " boundaries 
 
 Thorold 
 
 *' boundaries 
 
 Woodstock 
 
 " boundaries 
 
 PAOES 
 
 . 20 to -iO 
 
 . 37 to 65 
 
 . 133 to 147 
 
 . l9-i to l&i 
 
 ,16tiiolS'i 
 
 . 184 Sl im 
 
 . na ic 1U7 
 
 .22lto'i-23 
 
 lIlBto'iUl 
 
 .82!) to U;}8 
 
 l!^3to IbH 
 
 838 & 23» 
 
 au ; «5 
 
 tt, 63 ; 151 
 
 131 
 
 823 
 
 131 
 
 823 & 820 
 
 03 
 
 80 
 
 03 
 
 71) 
 
 131 
 
 S2U 
 
 U3 
 
 70 
 
 03 
 
 7U 
 
 131 
 
 220 
 
 m 
 
 79 
 
 131 
 
 226 U 227 
 
 03 
 
 80 
 131 
 287 
 
 5, Villages without any Municipal Or- 
 
 ganization 62, 63 & 151 
 
 Barrie 151 
 
 " boundaries 237 & 288 
 
 L'Orional 161 
 
 " boundaries 228 
 
 Qi;eenston 131 
 
 " boundaries 288 
 
 Sandwich 151 
 
 " boundaries 228 
 
 6. Towns, Incorporated 26 to 31 
 
 Miscellaneous Provisions 37 to 63 
 
 Ainenilmeiits 133 to 147 
 
 Aineiiduieiits literally uxUMuIed 132 to 102 
 
 Towns and Boundaries, SJcliediile U 03 to 74 
 
 " " Amended, " " 148 to 131 
 
 Towns in Schedule U 151 
 
 •• Uoundaries of do 224 to 288 
 
 Assessment Act lUO to 188 
 
 Arrears of Taxes 184 & 183 
 
 Don Tax 128 Sl 127 
 
 Railroads aid 221 to 82:3 
 
 SchouU, Common 198 to 2UI 
 
 Surveys and Uuundnries 820 to 23^ 
 
 Tavern and other Licenses 183 to 188 
 
 Imperial duty explained 23S&230 
 
 Bklleville, boundaries 03 
 
 •' " amended 147 & 148 
 
 BRANxroRO 66 
 
 •' boundaries 60 
 
 Brockvillb 67 
 
 •> boundaries 67 
 
 BvTOWN 67& 68 
 
 boundaries 67 & 68 
 
 CoDouRo, boundaries 68 
 
 <• " amended 148 & 140 
 
 PAOEt 
 CORNWALI OS 
 
 " boundaries 08 
 
 UuNOAs 68& 60 
 
 boundaries 08 & 00 
 
 GOOERICH 70 
 
 boundaries 70 
 
 London 7u 
 
 boundaries 70 
 
 NiARARA, liunndaries 91 
 
 " Market 119 
 
 Petekouro' 71 & 72 
 
 boundaries 71 & 72 
 
 PicmN, boundaries 72 
 
 " " amended 149 
 
 Pout Hope, boundaries 72 & 73 
 
 " " amended 14U & 130 
 
 Prescott, boundaries 73 
 
 " " amended 150 
 
 St. Catharines, boundaries 73 & 74 
 
 amended... .130 & 131 
 
 , Cities, Incorporated 31 to 30 
 
 Arrears of Taxes 184 t 185 
 
 Micellnneous Provisions 37 to 03 
 
 Amendments 133 to 147 
 
 AmendmeniN literally extended 132 to 102 
 
 Cities and their limits, in Schedule C. . . 74 to 78 
 
 As^-essiiient Act 100 to 182 
 
 I><'(! Tax 120 Ac 187 
 
 Railroads Aid 821 to 223 
 
 Sciiouls, Coimnoii 10s to 801 
 
 " Gratnmar 13, 812 to 220 
 
 Surveys and Uoundaries 820 to 238 
 
 Tavern and other Licenses 185 to I8S 
 
 Imperial Duty explained 238 &■ 230 
 
 IIamiliun 74 & 7a 
 
 Liberties 74 & 75 
 
 Kingston 75 to 77 
 
 " Liberties 73 to 77 
 
 Toronto 77 & 78 
 
 " Liberties 77 & 78 
 
 " unrepcaledclauscsof Acts, 1834 
 and 1840 H7 tc 118 
 
 , Schools, Common 7 
 
 " Common School Act 180 to 211 
 
 " Legislative Grant to Common Schools.211& 212 
 •' Election and Duties of School Trus- 
 tees 189 to 105 
 
 " TeaclKrs and their Duties 103 & 196 
 
 '' Duties of Township Councils 190 to 198 
 
 *• Councils and Trustees in Ciiies,Towns 
 an«l Incorporated Villages, and their 
 
 Duties 108 to 202 
 
 ■* Boards of Public Instruction, their 
 
 Constitution and Duties 202 4c 203 
 
 " Local Suixirintendents and their 
 
 Duties 203 to 203 
 
 •' Visitors and their Duties 2U3 & 206 
 
 " Chief Superintendent and his Duties. .200 to 808 
 " Council of Public Instruction, its Con- 
 
 Btituiion and Duties. 208 & 209 
 
 " Miscellaneous Provisions , .. .809 to 211 
 
 Grammar Schools . .... 13 
 
 " Actof 1807, establishing Schools. . . .212 to 214 
 
 " Act of 1808, in amendment 214 
 
 " Act of 1819, in amendment and ex- 
 tension 214 to 216 
 
 " Act ol 1837, in amendment 216 
 
 " Actof 1841, appropriating funds 217 & 218 
 
 " Act'ori840, vcstingSiies in Trustees. .218 Sc. 819 
 
 " Act ol' 1840, altering appro|iriation. .. 219 
 
 " Actof lS5U,alfeciing appropriation.. 280 
 
 FreiUe 
 Barrie. [u 
 Bedford, OJ 
 Clarendon. 
 Kennebec. 
 *'ngston.« 
 4*"g'iboroi 
 Rilmerston. 
 fSttsburgh, 
 
 Haldima 
 J}nborous-h 
 
 gyga, r 
 
 '•y"gn, 5 
 
 i 
 
PAOEI 
 
 ... 09& «» 
 
 • ■ . 70 
 
 70 
 
 70 
 
 70 
 
 51 
 
 •••■'. 119 
 
 ".*. . 71 &. Ti 
 " 71 1 74 
 
 • 74 
 149 
 
 ■".'.. 72 & 73 
 
 ' 149 & ISO 
 
 73 
 
 150 
 
 """.'. 73 & 74 
 
 fed..-. 130 & 151 
 
 31 to 30 
 
 181 & 193 
 
 ... 37 to «5 . 1 
 
 ■* 133 10 147 I 
 
 ' ... 15i to 104 I 
 
 ilc'c... "J.Vo W S 
 ... 100 to 182 
 
 ■"..■. .221 to 223 
 
 ■ ■ 19S to 201 
 
 *. . .13, 212 to 220 
 
 • . . .229 10 238 
 . . . . 1S3 10 188 
 
 .", ....23S&239 
 
 74 & l» \ 
 
 ... 74 & 75 
 
 '.'.■■.'.... 75 10 77 § 
 
 .... 75 to 77 .j| 
 
 .. 77«t 78 i 
 
 •;.*;.... 77 & 78 I 
 
 t^?:!^.U7&U8 ' 
 
 7 
 
 . . . .189 to 211 
 
 |j"..*School8.911&212 
 
 "^'?':r;i8»toi95 
 
 193 & 198 
 
 jlV. 190 to 108 
 
 ies.Towns 
 
 -'"^.".".19810 204 
 
 '°"*.!'^!'.'202t203 
 
 I^"'>'"'!':203to205 
 ■■ ■ . .2U5&2U6 
 is'Dutk>s..2U0lo208 
 
 "•'''^'"':20S&209 
 .'.'.V**.. .209 to 211 
 
 13 
 
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 '"'''"'".".""^-JU 10216 
 ,• . 216 
 
 '»"*•• •-llltlli 
 rruHiees. .218 fc iiw 
 
 ).rialio«... J2 
 
 opriaiion. . *■" 
 
 COUNTIES AND UNIONS OF COUNTIES, 
 
 CANADA WEST. 
 
 Shewing tUe Townships, Towns and Villages of which Ihey arc composed, and the Cities lying 
 within their boundaries; also the Unions of Townships for Municipal purposes. Those marked * 
 arc divided into Rural Wards. 
 
 I. CARLETON. 
 
 CarUton, Tounshipi. 
 
 Bytown, (Town). 
 Fitzroy. 
 Gloucester.* 
 Goulbourn. 
 
 Xuex, Toienshipi. 
 
 Amherstburgh, (Town.) 
 
 Anderdon. 
 
 Colchester. 
 
 Gosfield. 
 
 Maidstone. 
 
 Maiden. 
 
 Mersea. 
 
 COUNTY TOWN, BYTOWN. 
 
 CarUton, Tou>n$hip$, 
 Gower, North. 
 Huntley. 
 
 March and Torbolton. 
 Marlborough. 
 
 Carletou, To»en$hip$, 
 Nepean. 
 Osgoode.* 
 Richmond, (Village.) 
 
 II. ESSEX AND LAMBTON. 
 
 COUNTY TOWN, SANDWICH. 
 
 Essex, TotBtuhips. 
 Rochester. 
 Sandwich. 
 
 Lambton, TotBtuhips, 
 Bosanquet. 
 Brooke. 
 Dawn. 
 
 LambtOH, Totentkips. 
 
 Euphemia.* 
 
 Moore and Enniskillen. 
 
 Plympton. 
 
 Sarnia. 
 
 Sombra.* 
 
 Warwick. 
 
 III. FRONTENAC, LENNOX AND ADDINGTON. 
 
 CITY OP KINGSTON, COUNTY TOWN. 
 
 FronUnae, Totenihipt. 
 
 Barrie. [uninhabited.] 
 Bedford, Olden and Oso. 
 Clarendon, rnninhabited.] 
 Kennebec, [uninhabited.] 
 Kingston.* 
 Loughborough.* 
 Pftlmerston. [uninhabited.] 
 Pittsburgh, (with Howe Island.) 
 
 Frontenae, TTsiensA i. 
 Portland and Hinchinbrooke.* 
 Slorrington.* 
 Wolfe Island. 
 
 Lennox, Townakips. 
 
 Adolphustown. 
 
 Fredericksburgh. 
 
 Richmond. 
 
 Jddington, Towmkipt. 
 
 Amherst Island. 
 
 Anglesea. [uninhabited.] 
 
 Camden East. 
 
 Ernestown. 
 
 Kaladar. [uninhabited.] 
 
 Sheffield.* 
 
 Haldimand, ToKnshipt. 
 Inbo rough. 
 %uga, North. 
 ?«yuga, South. 
 
 IV. HALDIMAND. 
 
 COUNTY TOWN, CAYUGA. 
 Haldimand, Townihipe, 
 
 Dunn. 
 
 Oneida. 
 
 Moulton and Sherbrooke. 
 
 Haldimand, Totenthiph 
 Rainham. 
 Seneca. 
 Walpole. 
 

 vtKXOKiauxHra 
 
 Vlll 
 
 COUNTIES AND UNIONS OF COUNTIES. 
 
 V. HASTINGS. 
 
 ■/ <: 
 
 ItaalingB, Ttmnahipa. 
 Belleville (Town.) 
 Oriaislliorpe. [miinhabitcJ] 
 Huiigeiford.* 
 Hunliui'don. 
 
 COUNTY TOWN, UELLEVILLE. 
 
 Uaalhiga, Townships, 
 Lnkc. [uiiiiiliabiled.] 
 Madoo uiid Elzevir. 
 Marmora. 
 Kawdoii. 
 
 Ilattingi, Towmhips. 
 
 Sidney. 
 
 Thnrlow. 
 
 Tudor, [uninliabited.] 
 
 Tyendenaga. 
 
 VI. HURON, PERTH AND BRUCE. 
 
 Townships, Huron and Britce. 
 
 Asliiield and Wawanoish, t>i Hu- 
 ron ; and all ihe newlij sur- 
 veyed Townships far miug the 
 CoHiUi/ of Bruce, viz. : — 
 Arran,' Brunl, Hruce, Carrick, 
 Culross, Eldeislie, Cirecnock,| 
 Huron, Kincardine, Kinloss 
 and Saugeen. 
 
 Toicnahips, Huron, 
 Biddulph. 
 
 COUNTY TOWN, GODERICII. 
 Townships, Huron, 
 
 Colborne. 
 Goderich. 
 Hay. 
 
 Goderich (Town.) 
 McGillivray. 
 MeKillop and Hullett. 
 Stanley. 
 Tuckersmith. 
 Osborne and Stephen. 
 Howick, Morris, Turnberry and 
 Grey, [newly surveyed.] 
 
 VII. KENT. 
 
 Totenihipi, Perth, 
 
 Blanehard.* 
 
 Uownie.* 
 
 Easlhope, North. 
 
 Eastliope, Soutli. 
 
 Ellice and Mornington. 
 
 Fullarton. 
 
 Hibbert. 
 
 Logan, Elma and Wallace. 
 
 C; 
 
 CI 
 G( 
 Gr 
 Gr 
 Lo 
 
 Nit 
 
 Adel, 
 Aldbi 
 Bayh 
 Carra 
 Dela\ 
 Dorcii 
 
 Townships, Kent. 
 Camden and Zone. 
 Chatham. 
 Chatham (Town.) 
 Dover, East and West 
 
 COUNTY TOWN, CII.VTHAM. 
 
 Townships, Kent. 
 Harwieh.* 
 How-ird. 
 Orford. 
 liuleiifh. 
 
 Totcnihips, Kent. 
 Eomney. 
 Tilbnrv, East. 
 Tilbury, West. 
 
 VIII. LANARK AND RENFREW. 
 
 Charloj 
 Middle! 
 
 Townships, Lanark, 
 Bntliurst and Soiilh Sherbrooke. 
 Beckwilli. 
 Hnrfress, North. 
 Dalhousie, North Sherbrooke 
 
 and Levant. 
 Drummond. 
 
 COUNTY TOWN, PERTH. 
 
 Townships, Lanark, 
 
 Elmsley, North. 
 Lanaric and Darling. 
 jNlontafiiie. 
 ]Vrtli (Town.) 
 lianisay. 
 
 Townships, Renfrew, 
 
 Admaston, Bromley and Blitli 
 
 iield. 
 Horton and Ross. 
 McNab and Bagot. 
 Pakenham. 
 Westtneath, Pembroke and 
 
 Stallbrd. 
 
 Townt 
 
 CoboiirJ 
 
 Craiii.Tll 
 
 Haldinil 
 
 Uamiltc 
 
 MonagJ 
 
 Murray! 
 
 IX. LEEDS AND GRENVILLE. 
 
 Townships, Leeds. 
 Ba.slard and So\ith l?urgess.* 
 Brockvillo, (Town.) 
 (•rosbv, North. 
 Crosb'v, South.* 
 Elizalietlitown. 
 Elmsley.* 
 
 COUNTY TOWN, IIKOCKVILLE. 
 
 Townships, Leeds. '. 
 
 E.sc'Olt. ' 
 
 Kitley. i 
 
 Leeds and Lansdown, Front. 
 Leeds and Lnnsdown, Hear. 
 Yon;^c.* 
 
 Townships, Grenville. 
 Augu.sta. 
 ]-]dward.sburgli. 
 Gower, South.* 
 Oxford. 
 
 Pre.scolt, (Town.) 
 Wolford.* 
 
 i Bfandfori 
 jRlenhcin 
 Buriord. 
 I %rehari 
 I Missouri J 
 
 
COUNTIES AND UNIONS OF COUNTIES, 
 
 u 
 
 X. LINCOLN AND WELLAND. 
 
 Townthipl' 
 abited.] 
 
 hipf, Ptrlh. 
 
 orth. 
 [ornington. 
 
 a and Wallace. 
 
 COUNTY TOWN, NIAGARA. 
 (The CounlyCouiH'il geiiornlly iiieels iit .St. Catharines.) 
 
 Totenthipg, Lincoln, 
 CaiMor. 
 Chnton. 
 Gainsborough. 
 ■ Grantham. 
 Grimsby. 
 Luuth. 
 Niagara. 
 Niagara, (Town.) 
 
 ToteniMpi, Middliiex. 
 Adelaide. 
 Ajdborough. 
 Bayhani. 
 Carradoc.* 
 Delaware. 
 Dorchester. 
 
 Toiminliips, f.incotii. 
 St. C'atliuiiiio, (Town.) 
 
 Toitnahijis, lyeUand, 
 
 Hertic.* 
 
 Chi|)|iawa, (Village.) 
 
 Crowlnnil. 
 
 Humberstone. 
 
 XL MIDDLESEX. 
 
 COUNTY TOWN, LONDON. 
 
 Toanships, Middlesex, 
 Diinwich. 
 Ekfrid. 
 Lobo. 
 London. 
 
 London, (Town.) 
 Malaiiidc. 
 
 Toienshipt, IVelland, 
 Peliiam. 
 Sianiford.* 
 Tliorold. 
 
 Tliorold, (Village.) 
 W'ainllect. 
 Willoiighby. 
 
 Toionthipt, MiddUtit. 
 Metcalfe. 
 iMosa. 
 Soiiliiwold. 
 Wi'stminisler. 
 Williams. 
 Ygnnouth. 
 
 lenihipit Kent, 
 
 ;ast. 
 /■esl. 
 
 Townships, Norfolk, 
 
 ■«? Charloiteville. 
 Houghton. 
 Middlcton. 
 
 XH. NORFOLK. 
 
 COUNTY TOWN, SIMCOE. 
 
 Toanships, Norfolk. 
 .'*imcoc, (Town.) 
 Towiiirend. 
 Walsinirliam.* 
 
 Tuunships, Norfolk. 
 Windham. 
 .Woodhouse. 
 
 .'^VN.»%/N/vvy ^ 
 
 snships, Renfreu!, 
 1, Bromley and Blith 
 
 nd Ross. 
 Hiid Bagot. 
 ni. 
 
 Bili, Pembroke and 
 
 rd. 
 
 XIII. NORTHUMBERLAND AND DURHAM. 
 
 Totcnships, Northumberland. 
 
 f.[ Cobonrg, (Town.) 
 'H Cramahe.* 
 
 Haklimand and Alnwick. 
 
 Hamilton. 
 
 Monaghan, South.* 
 
 Murray,* 
 
 COUNTY TOWN, COBOURG. 
 
 Toic/iships, Nurtliumbeitand. 
 ]\'rt'y. 
 Scynioiu'.* 
 
 Toiciiships, Durham. 
 
 ^artw^i^llt.* 
 Cavan.* 
 
 Toicnshipt, Durham. 
 
 Clarke.* 
 Darlington.* 
 
 Jlo|)0.* 
 
 iManver.s.* 
 
 Tort Hope (Town.) 
 
 XIV. OXFORD. 
 
 iwnships, Grenville. 
 
 a, 
 
 Ishurgh. 
 , South.* 
 
 It, (Town.) 
 
 Toanships, Oxford. 
 
 i Blandfoitl.* 
 I Blenheim, 
 I Buriord. 
 I Dereham. 
 iNissouri. 
 
 COUNTY TOWN, WOODSTOCK. 
 
 Toicnshipt:, Oxford. 
 Norwich. 
 Oaklaiul. 
 Oxl'oiil, J]ast. 
 Oxl'ord, North. 
 
 Townships, Oxford. 
 Oxford, West. 
 Wo^)(l^t(lek (Tovvn.) 
 Zorra, East. 
 Zorra, West. 
 
h: 
 
 9. 
 
 COUNTIES AND UNIONS OF COUNTIES. 
 
 Townihipt, Peterborough, 
 AsphrKlel, ndniont nnd 
 
 Melbuen.* 
 Douro.* 
 
 Dummer and Burleigh.* 
 Eldon. 
 
 XV. PETERBOROUGH. 
 
 COUNTY TOWN, I'KTKRUOROUGI!. 
 
 TuicnMpa, Peterborough, 
 Emily. 
 IMariposn. 
 Moiiaghniij North. 
 Ops. 
 Oiiinabec* 
 
 Tviciiihipf, relerboroiiffh, 
 PcliMlioroiiy;!!, (Towii.^ 
 l^Miith,Kiinisiiiui'e uiid llarvey.* 
 Venilain, Fcneioii, Ik'.xley and 
 Soianicrvillu.* 
 
 y !•■ 
 
 XVI. PRESCOTT AND RUSSELL. 
 
 Towtuhipt, PreieoU, 
 Caledonia.* 
 Hawkesbiiry, East. 
 Hawkesbury, West. 
 
 Tounshipi, Prince Edteard, 
 
 Ameliasburgh.* 
 
 Alhol.* 
 
 Hallowell.* 
 
 COUNTY TOWN, L'ORIGNAL. 
 
 Toicnghips, Prescott, 
 Lonjfueil and Alfred. 
 Piantaircnot, Norlh. 
 Plaiilagunet, South. 
 
 Towtishipii, Rut/ell, 
 
 Cumberland, Hussfll, Clarence 
 and Canibridire. 
 
 XVII. PRINCE EDWARD. 
 
 COUNTY TOWN, PIC TON, 
 ToiDtiships, Prince Edteard. 
 IliUicr.* 
 Maryoburgh.* 
 
 ToutiBhipt, Prince Edteard, 
 Picton, (Town.) 
 Sophia.sburgh.* 
 
 ^ 
 
 XVin. SIMCOE. 
 
 ft 
 
 T<nen$hip$, Simcoe. 
 
 1 j^i 
 
 Adjala. 
 
 Artemesia. 
 
 Essa.* 
 
 Euphrasia and Collingwood 
 
 Gwillimbury, West. 
 
 Innisfii.* 
 
 COUNTY TOWN, BARRIE. 
 Totetishipa, Simcoe, 
 
 Medonte.* 
 Mono. 
 Mnlinur. 
 
 Nottawasaga and Oisprey. 
 North OriHia, South Orillia and 
 Matchedash.* 
 
 Totenshipt, Simcoe, 
 Oro.* 
 
 Si. Vincent. 
 
 Tecuni!<etli. 
 
 Tiny and Tay. 
 
 Tossorontio. 
 
 Ve*j)ra, Flos and Sunnidalc.* 
 
 XIX. STORMONT, DUNDAS AND GLENGARY. 
 
 Toienehips, Stormont. 
 Cornwall. 
 Cornwall, (Town.) 
 Finch. 
 Osnabruck. 
 Boxborough. 
 
 Townskipi, Waltrloe. 
 Arthur. 
 Bentiack. 
 Derby. 
 Egremont. 
 Eramosa. 
 Erin. 
 Garafraxa, Amaranth and Me- 
 
 lancthon. 
 Glenelg. 
 
 COUNTY TOWN, CORNWALL. 
 
 Townships, Dundas, 
 Matilda. 
 Mountain. 
 Williamsburgh. 
 Winchester. 
 
 XX. WATERLOO, 
 
 COUNTY TOWN, GUELPH. 
 
 Totenships, Waterloo, 
 
 Gnelph. 
 
 Guelph, (Town.) 
 
 Holland. 
 
 Luther, [newly surveyed] 
 
 Minto. [newly surveyed.] 
 
 Niehol. 
 
 Normanby. 
 
 Peel and Maryborough. 
 
 Proton, [uewly surveyed.] 
 
 Toicnships, Gltngary. 
 Charlotlenbiirgh, 
 Kenyon. 
 Lancaster. 
 Lochiel. 
 
 Totenshipt, Jfaterloo, 
 
 Puslinch.* 
 
 Sullivan. 
 
 Sydenham. 
 
 Waterloo. 
 
 Welleslev and Mornington, 
 
 Wilmot. ' 
 
 Woolwich. 
 
COUNTIES AND UNIONS OF COUNTIES. 
 
 XI 
 
 XXI. WENTWORTH AND HALTON. 
 
 lerlorough. 
 
 Town.) 
 
 ,e and Harvey." 
 
 oil, Bexley awl 
 
 CITY OF HAMII/roN, KOUNTY TOWN. 
 
 Tinemhipt, JVeiUaort/i, 
 Ancnster.* 
 liiii'ton. 
 Biiibi'Doku. 
 Unnitroid.* 
 BiarilCiPid, (Town.) 
 Glitiidloi-d. 
 Onondaga and Tuscarora. 
 
 Tutcnsliip), IVentaorlh. 
 Paris, (Villiijiu.) 
 fc'altlieut. 
 
 Towiiahijii, llallon. 
 Beverly.* 
 Diiniliies.* 
 Diindiis, (Town.) 
 
 Townthipt, llallon, 
 
 ]'iS(|iirsin^.* 
 Fliimhoroiifrli, Easl.* 
 l"iniiil)i)riiii:;li, West.* 
 Giili, (Villiiite.) 
 NioMi^avveya. 
 Nelson.* 
 TralalL'ar.* 
 
 XXII. YORK. 
 
 )», Rumll. 
 
 
 
 
 CITY OF TORONTO, COUNTY TOWN. 
 
 Uusscll, Clarence 
 
 
 Townthipi, Eait Riding, 
 
 
 Townships, Norl/i 
 
 Riding, 
 
 Townships, South Riding, 
 
 Jge. 
 
 
 Markliam.* 
 Oshawa (Village.) 
 
 
 
 Gwillimbiiry, North 
 Mara and Ifania. 
 
 
 King.* 
 Vanghan.* 
 
 
 d 
 
 Piekering.* 
 
 
 
 Ueacli. 
 
 
 York.* 
 
 
 Searboro'.* 
 
 
 
 Seotl. 
 
 
 
 
 
 Whilby. 
 
 
 
 Tliora.* 
 Uxbridfre. 
 
 
 Townships, West Riding, 
 
 Albion. 
 
 
 
 Tincnihips, North 
 
 Riding. 
 
 
 Whitchurch. 
 
 
 Caledon.* 
 
 Prince Edmrd. 
 
 
 Brock. 
 
 
 
 
 
 C'l)inguacousy.» 
 
 vn.) 
 
 1.* 
 
 
 Georgina. 
 
 
 
 Townships, South 
 
 Riding, 
 
 Toronto.* 
 
 
 GwilUmbury, East. 
 
 
 
 Etobicoke.* 
 
 
 Toronto, Gore.* 
 
 ihips, Simcoe. 
 
 ay 
 ). 
 
 3S 
 
 and Sunnidalc* 
 
 ips, GUngary. 
 Iburgh. 
 
 Inshipi, Wattrloo. 
 
 ■ and Mornington, j: 
 
 lu. 
 
\ : 
 
 J\ 
 
 .4n 
 
 ! ' I 
 
 \\ 
 
 erec 
 
 of P 
 
 and 
 
 cert£ 
 
 Parli 
 
 passe 
 
 there 
 
 with 
 
 Leaii 
 
 bled 
 
 liame 
 
 tuled, 
 
 for t\ 
 
 of the 
 
 upon, 
 
 one t 
 
 such 
 
 to the 
 
 force 
 
 If. 
 
 Upper 
 era or 
 i that X\ 
 I aPPoin 
 % shall 
 break, 
 suing 
 and p 
 fenerai 
 for th€ 
 of ma 
 the e.ve 
 be e.ve 
 Towns 
 
 III. 
 
 Counci 
 held fo 
 ing of t 
 
MUNICIPAL CORPORATIONS, 
 
 UPPER CANADA. 
 
 ACT 12 VIC, CAP. 81. 
 
 w 
 
 An Act to provide, hy ovc general law, for the erection of Municipal Cor- 
 porations, and the establishment of Regulations of Police, in and for the sev- 
 eral Counties, Cities, Towns, Townships aiid Villages in Upper Canada. 
 
 [30th May, 1849.] 
 
 "HEREAS it will be of great public benefit and advantage 
 . . that provision should ba made, by one general law, for tno 
 erection ot Municipal Corporations and the establishment of Regulations 
 of Police in and for the several Counties, Cities, Towns, Townships 
 and Villages in Upper Canada : And whereas, with a view to this object, 
 certain Acts of the Parliament of this Province, and certain others of the 
 Parliament of the late Province of Upper Canada, have, by an Act 
 passed during this present Session of Parliament been repealed: Beit 
 therefore enacted by the Queen's Most Excellent Majesty, by and 
 with the advice and consent of the Legislative Council and of the 
 Legislative Assembly of the Province of Canada, constituted and assem- 
 bled by virtue of and under the authority of an Act passed in the Par- 
 liament of the United Kingdom of Great Britain and Ireland, and inti- 
 tuled. An Act to re-unite the Provinces of Upper and Lower-Canada, and 
 for the Government of Canada, and it is hereby enacted by the authority 
 of the same. That this Act shall commence arjd have foice and effect 
 \ipon, from and after the first day of January, in the year of our Lord, 
 one thousand eight hundred and fifty, and not befoie ; excepting always 
 such of its provisions as may require that any thing be done preparatory 
 to the first elections to be held under it, which provisions shall be in 
 force immediately upon, from and after the passing thereof. 
 
 I. TOWNSHIPS. 
 
 II. And be it enacted. That the inhabitants of each Township in 
 Upper Canada, which shall have one hundred or more resident freehold- 
 ers or householders on the Collector's Roll thereof, for the last year 
 that the same shall have been made up, prior to the time this Act is 
 appointed to come into force, shall be a Body Corporate, and as such 
 shall have perpetual succession and a Common Seal, with power to 
 break, renew and alter the same at pleasure, and shall be capable of 
 suing and being sued, of pleading and being impleaded in all Courts 
 and places whatsoever, of purchasing, acquiring and holding lands and 
 tenements, and other real and personal property whhin such Township 
 for the use of the inhabitants thereof, in their corporate capacity, and 
 of making and entering into such contracts as may be necessary for 
 the exercise of their corporate functions, and that all such powers i<hall 
 be exercised by, through and in the name of the Municipality of each 
 Township respectively. 
 
 III. And be it enacted. That it shall be the duty of the Mlinicipal 
 Council for each District in Upper-Canada, at a Special Meeting to be 
 held for that purpose on the second day of October next after the pass- 
 ing of thisAct, and to be continued by adjournment from time to time to 
 
 Preamble. 
 
 Conimcnecmcni 
 of this Act. 
 
 Exception ai to 
 prepnraiory pro- 
 ceeitinga* 
 
 Inhnbitantsor 
 Townships in- 
 corporated. 
 
 Their Cor-fxirate 
 powers. 
 
 How exercised. 
 
 Townships hav- 
 ing less than a 
 certain popula- 
 tion to be united 
 to othcTf , & how 
 
'/ '* 
 
 ■jx^ 
 
 I 
 
 i I 
 
 i 
 
 Which iball b« 
 the JuntoT 
 Township. 
 
 AitoTownihip* 
 newly laid out 
 or having let* 
 than a eeriain 
 itopulatkin after 
 IM Jan, 1830. 
 
 A«to'rown(h)|)S 
 having Rural 
 Ward*. 
 
 Woril " Town- 
 •hip" interpret- 
 ed. 
 
 Townvhipa may 
 be divided Into 
 Rural Wardd, 
 and liow. 
 
 A place in each 
 Ward to be ap' 
 pointed for dec. 
 tiona, tie. 
 
 Pulilicatlon of 
 By-lawn for a 
 division into 
 Wards. 
 
 TOWNSHIP MUNICIPALITIES. 
 
 such period not being beyond the second day of Nuvomber next there- 
 after, as may be necessary for completing the business hereby imposed 
 upon them, by a By-law to be passed for that purpose at such meeting, 
 to attach every Township lying within any County in their District 
 which shall have within it less than one hundred resident freeholders 
 and householders on the Collector's Roll for the last year, that the same 
 ■hall have been made up prior to the raid second day of October next, 
 to some other adjacent Township lying within the same County, anii 
 such Township so united or attached to such adjacent Township, shall, 
 until the dissolution of such Union as provided for by this Act, be known 
 as the Junior Township of such Union uf Townships, and bo lepresented 
 in one Municipality in common with such adjacent Township, which 
 shall in like manner be known as the Senior Township of such Union ; 
 and from and after the first day of January next, after the passing of 
 tnis Act, every Township newly laid out by the Crown, or not having 
 within it one hundred resident freeholders and householders on the Col- 
 lector's Roll, and not then already attached to or united with atiy other 
 Township as aforesaid, shall, by a By-law of the Municipal Council 
 of the County in whicii such Township shall be situate, be united for 
 the purposes of this Act to such adjacent Township, in such County 
 88 such Municipal Coiincil shall think fit, and also to some one particu- 
 lar rural Ward of such Township, where such last mentioned Township 
 shall have been divided into such Wards, or part of it to one of such 
 Wards and part of it to another of such Wards, with a view to the 
 representation of the freeholders and householders thereof, in the Muni- 
 cipality of such United Townships, and all such Townships shall, while 
 they shall continue so united, be called The United Tovmships of 
 mentUming their names, and the word Township, shall for the purposes 
 of this Act, be held and considered to apply to and include Townships 
 80 united as well as single Townships, and such Unions may be made to 
 consist of two or more Townships, as convenience may require. 
 
 IV. And be it enactdd, That it shall and may be lawful for every 
 such Municipal Council if they deem it expedient so to do, in and by 
 SDch By-law, to divide each of the Townships (including Unions of 
 Townships as aforesaid,) in each County, into rural Wards, for the elec- 
 tion of Township Councillors, for such Township excluding from such 
 Wards any and every Incorporated Village, Town or City, and the lib- 
 erties thereof lying within the limits of such Township, which Divi- 
 sion into rural Wards shall be made in such manner that the several 
 Wards in each of such Townships shall, as regards the number of free- 
 holders and householders entitled to vote at the election of Township 
 Councillors for the same, respectively, be as nearly equal as practicable, 
 regard being however also had to the convenience of such freeholders 
 and householders, and to the rendering each of such rural Wards as 
 compact as circumstances will permit. 
 
 V. And be it enacted. That every such Municipal Council* whenever 
 by such By-law they shall divide any such Township into rural Wards 
 as aforesaid, shall in the same By-law appoint a convenient place in 
 each of such Wards for holding the election of Township Councillors 
 for such ViTard, and shall also appoint a fit and proper person to hold the 
 first election of a Township Councillor in each of such Wards respectively. 
 
 VI. And be it enacted. That copies of every such By-law shall be 
 published by every such Municipal Council, twice at least in the 0/H- 
 cial Gi^ette of this Province, and at least four times in some public 
 newspaper, if any there be published in such County, and copies 
 thereof shall be moreover posted up in the four most public places in 
 each Township in such County 
 
 wi» V ye!Bia w;< ii»' ) « m 
 
 •SF^S^ 
 
TOWNSUIP MUNICIPALITIES. 
 
 next thero- 
 aby imposed 
 loh meeling, 
 heir District 
 t freeholders 
 hat the same 
 October next. 
 
 County, and 
 irnship, shall, 
 kct, be known 
 
 lepresented 
 nship, which 
 f such Union ; 
 ihe passing of 
 ar not having 
 irs on the Col- 
 ,vith any other 
 icipal Council 
 , be united for 
 , such County 
 le one particu- 
 ned Township 
 to one of such 
 a Tiew to the 
 f, in the Muni- 
 ips shall, while 
 iships of 
 
 or the purposes 
 !ude Townships 
 nay be made to 
 
 1 require, 
 iwful for every 
 do, in and by 
 ding Unions of 
 ds, for the elec- 
 iding from such 
 ty, and the lib- 
 
 , which Divi- 
 
 lat the several 
 
 number of free- 
 
 m of Township 
 
 as practicable, 
 uch freeholders 
 rural Wards as 
 
 uncil, whenever 
 into rural Wards 
 venient place in 
 ship Councillors 
 arson to hold ihe 
 irds respectively. 
 By-law shall be 
 east in the Ofii- 
 in some public 
 nty, and copies 
 public places in 
 
 VII. And be it enacted, That every such Municipal Coonoil, when- 
 ever by such By-law tliey shall divide any such Township into rural 
 Wards as aforesaid, and shall fix the places for holding the first elections 
 in such Wards and appoint KeturningOtticersior holding Ihe same, shall 
 cause a copy of such By-law under their seal to be delivered to the 
 
 f)erson appointed to hold the election for each of such Wards, or to be 
 eft fur him at his usual place of residence one calendar month at least 
 prior to the time for holding the eToction, and every such person shall, und 
 he is hereby required to hold the first election of Township Councillor 
 for the Ward to which he shall be so appointed, and in default thereof 
 shall be liable to a penalty of not more than Ten pounds for his default 
 in the premises. 
 
 VIII. And be it enacted, That it shall and may be lawful for the Muni- 
 cipality of each To "-hip from time to time by any By-law or By-laws to 
 be passed for that p^ tose, to divide such Townships anew into several 
 Wards as aforesaid, re-urrangingthe same so as more effectnallv to accom- 
 plish the objects aforesaid, every which division by such Mntiicipality 
 shall supersede that so to oe made by such District or County Municipal 
 Council, as well as every previous division made by such Municipality, 
 itself: Provided always, nevertheless, that no such first mentioned By- 
 law snail be of any force or efiect unless the same shall have been 
 passed by a vote of at least four fifths of' the members of such Munici- 
 pality for the time being. 
 
 IX. And be it enacted. That it shall and may be lawful for the Mu- 
 nicipality of each Township, from time to time, by any By-law or By- 
 laws to be passed for that purpose, to appoint a fit and convenient place 
 in each of the several Waids into which such Township shall be divided 
 for holding the election of Township Councillors, therefore, every which 
 appointment shall supersede that made by such District or County 
 Municijpal Council, as well as any appointment previously made by 
 such Municipality. 
 
 X. And be it enacted, That it shall be the duty of every Township 
 Municipality whose Township shall be divided into rural Wards as 
 aforesaid, to appoint annually fit and proper persons to be the Returning 
 Officers for holding the elections of Township Councillors in the aeversQ 
 rural Wards into which such Township shallbe so divided. 
 
 XI. And be it enacted. That whenever any Junior Township of any 
 such Union of Townships as hereinbefore mentioned and provided for, 
 shall have within it one hundred resident freeholders and nouseholders 
 on the Collector's Roll, it shall and may be lawful for the Municipal 
 Council of the County in which such Township shall lie, if they shall 
 deem it expedient so to do, by a By-law to be passed for that purpose 
 within the first nine calendar months of the following year, to divide 
 such Junior Township into rural Wards, to fix the place for holding the first 
 election of Councillors in each of such Wards, and to appoint Returning 
 OfHcers for holding the same, and otherwiefe to provide for the due holding 
 of such elections, as nearly as may be in the manner prescribed in and 
 by the fourth, fifth, sixth and seventh preceding sections of this Act. 
 
 XII. And be it enacted. That whenever any Junior Township of any 
 such Union of Townships as is hereinbefore mentioned and provided for, 
 shall have within it one hundred resident freeholders and householders 
 on the Collector's Roll, such Junior Township upon, from and after the 
 first day of January, in the year next but one thereafter, shall be incor- 
 porated by itself, and such Junior Township and the other Township or 
 Townships to which it shall have been theretofore united, shall, from 
 thenceforth to all intents and purposes whatsoever, be held and consid- 
 ered as separate Townships. 
 
 Copy of l)y-ln\vt 
 to b« Mill 10 the 
 pcrion niipiilntcd 
 10 liuld liic ciee- 
 lion In n Rural 
 VVard,<ic. 
 
 Any TowMblp 
 dlviiionintoRU' 
 ral Word! may 
 be altered. 
 
 rrovJKO at lo 
 By-law for alter- 
 ing it. 
 
 Place for holding 
 eleetlona may ba 
 altered. 
 
 Returning OIII- 
 ceri to be ap- 
 pointed. 
 
 Provision as 10 
 division of the 
 Junior Town- 
 ships into Ward! 
 In case of separa- 
 tion. 
 
 Provision for 
 separation when 
 the Junior 
 Townships have 
 sufficient popu- 
 lation. 
 
1/ 
 
 riovltion •• to 
 pro|ier nllvra- 
 lloiii In the re- 
 tniliiliiK ToMrii* 
 ■hip, for dec- 
 itoiii, tte.. Rural 
 Wnrds, M.C. 
 
 Pronto a* to mi- 
 
 iorlty to pan the 
 ly-law. 
 
 Proviio : Com- 
 iMeocement of 
 Bylaw. 
 
 ProTl«lon ai lo 
 elmtioni If the 
 proper altera- 
 tion* have not 
 been made, Ike, 
 
 Provlfo : if part* 
 of Ward remain 
 in the Senior 
 Township. 
 
 Number of Rural 
 Wards in each 
 Township. 
 
 When a Town- 
 ship united to 
 another shall be 
 incorporated by 
 itself, 
 
 No part of Cities, 
 Ac, to form part 
 
 TOWNSHIP MUNICIPALITIES. 
 
 XIII. And be it enacted, That whenever any Junior Township at- 
 tached or united to another as hereinbefore mentioned and provided for, 
 shall have within it one hundred resident freehulderH and iiouseltolders 
 on the Collector's Roll, it shall and may be lawful for the Municipality 
 of such Union of Townships, if they shall deem it expedient so to do, by 
 a By-law to be passed for that purpose within the first nine calendar 
 months of the lollowing year, to divide the remaining Township or 
 Townships of auch Union anew into rural Wards, to fix the place for 
 holding the first election of Councillors in each of such Wards after the 
 dissolution of such Union, and to appoint Kuturning OfTicers for holding 
 the same, and otherwise t» provide lor the duo holding of such elections 
 as nearly as may be in the manner prescribed in and by the eight, ninth 
 and tenth preceding sections of this Act : Provided always, nevertheless, 
 firstly, that such By-law need not be passed by a vote of two thirds of 
 the members for the time being of such Municipality as required with 
 respect to some of such particulars by the proviso to the f*aid eighth 
 section, but shall bo valid and effectual for all purposes whatever if 
 passed by a majority of such Municipality in the usual way ; Provided 
 also, secondly, that every such By-law shall contain a provision limiting 
 it to come into force and take effect upon, from and after the first day of 
 January, upon which such Union shall be dissolved, and not before. 
 
 XIV. And be it enacted, That whenever such new Division into 
 Wards shall not have been made by the Municipality of any Union of 
 Townships according to the next preceding section of this Act. in antici- 
 pation of the dissolution of such Union, and in consemionce of^the whole 
 of any one or more of the rural Wards of any such Union of Townships 
 lying wholly within the limits of any Junior Township of such Union, 
 tne other Township or Townships of such Union, upon the dissolution 
 of such Union as provided for by this Act, shall bo left without a suffi- 
 cient number of Wards for completing the number of Councillors to 
 which it or they shall be entitled according to the provisions of this Act, 
 the elections of Councillors for such Senior or remaining Township or 
 Townships, shall, after the dissolution of such Union, be made by gene- 
 ral vote of the qualified freeholders and householders of the whole of 
 such Senior or remaining Township or Townships at a general Town- 
 ship meeting, to be held for that purpose, at the time appointed by law, 
 ana not by rural Wards as theretofore,^ntil the Municipality of such 
 Senior or remaining Township or Townships shall, by a By-law to be 
 passed for that purpose, have redivided such last mentioned Township 
 or remaining Townships into rural Wards according to the provisions of 
 this Act ; Provided always, nevertheless, that whenever notwithstanding 
 the dissolution ofanysucn Union, parts of the Wards of which such 
 Junior Township, or some portion thereof formed a part, shall still remain 
 to such Senior or remaining Township or Townships, the election of 
 Township Councillors for the same shall not be by such general vote of 
 such Township, but by Wards as before. 
 
 XV. And be it enacted, That in every case in which any Township 
 shall be divided into rural Wards under this Act, the same shall be so 
 divided into five of such Wards. 
 
 XVI. And be it enacted, That whenever any Township so attached 
 or united to another shall have within it fifty resident freeholders and 
 householders on the Collector's Roll, such Township shall, for the year 
 following the making up such roll and thenceforth, be incorporated by 
 itself, and such Township, and that to which it shall have been so united 
 shall thenceforth, to all intents and purposes whatsoever, be held and 
 considered as separate Townships. 
 
 XVII. And be it enacted. That no part of any Incorporated City, or of 
 tb0 liberties thereof, or of any Incorporated Town or Village, although 
 
ownship at- 
 provuleu for, 
 lioimeholilers 
 Municipiility 
 it BO to do, by 
 ine calendar 
 Township or 
 the place for 
 arda after iho 
 rs foi holding 
 luch elecliona 
 e eight, ninth 
 nevertheless, 
 '' two thirds of 
 required with 
 le f*aid eighth 
 s whatever if 
 ray; Provided 
 vision limitinp 
 the first day of 
 not before. 
 Division into 
 f any Union of 
 J Act. in antici- 
 ice ol the whole 
 n of Townships 
 of such Union, 
 the dissolution 
 without a suffi- 
 f Councillors to 
 sionsof this Act, 
 ig Township or 
 made by gene- 
 of the whole of 
 general Town- 
 ipointed by law, 
 icipality of such 
 f a By-law to be 
 fioned Township 
 the provisions of 
 'notwithstanding 
 I of which such 
 jihall still remain 
 L the election of 
 general vote of 
 
 any Township 
 same shall be so 
 
 [ship so attached 
 freeholders and 
 ball, for the year 
 , incorporated by 
 |ve been so united 
 ver, be held and 
 
 Jjorated City, or of 
 IVillage, although 
 
 TOWNSHIP MUNICIPALITIES. 
 
 lying within the boundaries of a Township, nhall, or (ha purposes of this 
 Act, be hehl to form any part of tjuch Township, nor ahall it oe lawful to 
 appoint any olectionof rownnhip CounuillorM tube held wi'hin the limits 
 or any suctt Ci'y, or the liberties thereof^ or- within the limits of any 
 sUoh Iiicorponited Town or Village. 
 
 XVfll. And bo it enactod, That without anv rif^welection, lio officers 
 and persons elected or appointed in each and evi>, Township in Upper- 
 Cttnada, or to be elected or appointed under the lawa now in force therein, 
 shall (Continue in office until the fourth Monday of Januury, in the year 
 of our Lord, one thousand eight hundred and fifty, and until their suc- 
 cessors shall be elected and sworn into office. 
 
 XIX. And be it enacted, That if the Municipal Council of any Dis- 
 trict in Upper Canada shall not think fit, within the term and the 
 manner prescribed for that purpose, to divide any Township into rural 
 Wards, as provided by this Act, then and until such Township shall be 
 divided into such VVard« by the Municipality thereof, the election of 
 Councillors for such Township shall be by the voles of the electors of 
 tho whole Township at a general Township meeting, to be held at the 
 place where the last annual Township meeting, for the election of Dis- 
 trict Councillors and the appointment of parish and Town Officers was 
 held in each Township, or in the case of Townships united or attached 
 to each other, as aforesaid, then at the place where the last annual 
 meetinc for such purposes was held in the Senior Townships to which 
 such otli'jr Township or Townships shall or may be attachetf or united as 
 aforesaid, and such place shall continue to be the place for holding such 
 elections under this Act in such Township until it shall be otherwise 
 appointed by the Municipality thereof by any By-law or By-laws to be 
 passed for that purpose : Provided always nevertneless, firstly, that it 
 shall not be lawful in any such By-law to appoint suoh place of election 
 within the limits of any Incorporared Village, Town or City, or the 
 liberties thereof ; and provided also, secondly, that when tho place at 
 which the last Township meeting snail have been held previous to the 
 passing of this Act, shall be within the limits or liberties of any City, 
 Town or Incorporated Village within the meaning of this Act, it shall 
 be the duty of the Municipal Council of the District wherein the same 
 is situated at such special meeting as aforesaid, to appoint by By-law 
 some place within such Township and without the limits of such City, 
 ^own or Village for the holding of the first election of Township Coun- 
 cillors for such Township under this Act. 
 
 XX. And be it enacted, That in all cases in which the election of 
 Councillors for any such Township shall be by general vote of the whole 
 Township at a general Township meeting as aforesaid, and not by 
 Ward elections as hereinbefore provided for, the Township Clerk for 
 such Township, whether appointed under this Act or before the passing 
 thereof, shall ue the Returning (jlpcer for holding such election. 
 
 XXI. And be it enacted, That on the first Monday in January, in the 
 year of our Lord, one thousand eight hundred and fifty, and on the first 
 Monday in the same month, in each succeeding year, there thall be 
 held an election either by general Township meeting or by Wards 
 for Township Councillors for each- Township in Upper Canada. 
 
 XXII. And be it enacted, That it shall be the duty of the Collector for 
 the Township, who shall be in office at the time of any such election, 
 whether appointed under this Act or before the passing thereof, to pro- 
 duce at the opening of every such election for a Township or for any 
 Ward thereof, ehher by himself or by some other person, a fair copy of 
 the Collector's Roll made up next before such election, so far as such 
 Roll contains the names of the freeholders and householders of such 
 
 of Towniliipi I 
 nor ilinll 'l'owti> 
 ihip clcrlloiii tM 
 held iherr. 
 
 rontlniiailon In 
 ofltec or prcicnl 
 otneem, <ic, of 
 Tow»it)ipi. 
 
 Aitorlecilonilii 
 Towiiiihi|i« not 
 diviited lii'o 
 Iliitnl Wnrdf. 
 
 Provlio iii 10 
 plneeiordceilon 
 
 Proviw. ir ttie 
 laiteleeilon wai 
 in a City, Ac. 
 
 Whoiliattbe 
 Rciurniiift Oltl- 
 ccriu»icV .li 
 
 Election of 
 TownshipCoun- 
 cillori when to 
 be held. 
 
 Production of a 
 copy of tlie Roll 
 of freeholdera 
 nnd houaetiolder* 
 by Townihip 
 Collector. 
 
6 
 
 TOWNSHIP MUNICIPALITIES. 
 
 I 
 
 ii 
 
 :■! 
 
 
 Atteitation of 
 such copy. 
 
 Proviso as to 
 parties occupy- 
 ing riortionsof a 
 houie. 
 
 Proviso as to 
 qualification of 
 an elector. 
 
 Five Councillors 
 to be elected 
 aunually. 
 
 Place ind time of 
 meeting ofnewly 
 elected Munici- 
 pality. 
 
 Election of a 
 Townreeve. 
 
 Adjournment of 
 meetings. 
 
 Meetings to be 
 held in such 
 places as Muni- 
 cipality shall 
 iippoint. 
 
 IVIio shall pre- 
 jud.ea.t Meetings. 
 
 
 Township, if the election shall be by general Township Meeting ; or so 
 far as such Roll contains the names oi the freeholders and householders 
 of theWard for which such election is held, if the election be for a 
 Ward of such Township ; with the amount of the assessed value of the 
 real property for which they shall be respectively assessed on such Roll, 
 whioa said copy shall be verified by affidavit or affirmation of such 
 Collector, appended to or endorsed upon such copy, and sworn or affirm- 
 ed before any Justice of the Peace for the County, to the effect that the 
 same is a true copy of such Roll, so far as the same relates to the place 
 for which such election is to be held, and that it contains the names of all 
 the freeholders and householders in such Township, if such election be 
 by general Township Meeting, or of such Ward, if the election be for 
 a Ward of such Township, and the amount for which they shall have 
 been assessed, as entered upon such Roll as aforesaid ; and the persons 
 entitled to vote at such election, shall be those whose names are upon 
 the said copy of such Roll, thus verified, and who at the time of the 
 election shall be resident in suoh Township, or Ward of such Township, 
 as the case may be : Provided always nevertheless, firstly that the holder 
 or occupier of any separate portion of a house having a distinct commu- 
 nication with a road or street, by an outer door, shall be considered a 
 householder within the meaning of this Act, in case he shall be assess- 
 ed therefor as a house upon such Collector's Roll as aforesaid : Provided 
 also, secondly, that no person shall be qualified to be elected as a Town- 
 ship Councillor at any such election who shall not have been entered 
 upon the said Roll as assessed for rateable real property held in his own 
 right or that of hh wife, as proprietor or tenant, to the value of one 
 hundredpounds of lawful money of Canada. 
 
 XXTII. And be it enacted, That at each of the said yearly Township 
 elections, there shall be elected either by a general Township vote or by 
 Wards, five Councillors for the Township, who shall hold office until 
 the third Monday in January, in the year next after that for which they 
 shall have been elected. 
 
 XXIV. And be it enacted, That the Township Clerk, whether appoint- 
 ed under this Act, or before the passing thereof, or in case of there being 
 no such Township Clerk, then any one of the Councillors returned at 
 such Election shall, when no place is appointed for that purpose by 
 By-law of the Municipality of such Township, appoint the place for the 
 first meeting of the newly elected Municipality after such Election, which 
 meeting shall be held on the second Monday next after such Election, 
 or if not held on that day, then on someday thereafter, of which appoint- 
 ment he shall give notice to the Member or other Members of the 
 Municipality ; and at such first meeting the Councillors shall proceed to 
 elect from amongst themselves a Townreeve, and in Townships which 
 shall have five hundred resident freeholders and householders on the 
 Collector's Roll as aforesaid, one Deyty-Townreeve for such Township 
 for such year. 
 
 XXV. And be it enacted, That the said Township Municipalities 
 shall and may severally adjourn their meetings, from time to time, at 
 their pleasure, and the Towereeve, or in case of his death or absence, 
 the Deputy Townreeve, shall have power at any time to summon a 
 special meeting thereof. 
 
 XXVI. And be it enacted, That the meetings of each Township 
 Municipality shall be held at such place within the Township as they 
 shall themselves, from time to time, appoint by adjournment, or by any 
 By-law to be passed for that purpose. 
 
 XXVII. And be it enacted, That the Townreeve shall preside at all 
 meetings of the Township Municipality, or in his absence the Deputy 
 
TOWNSHIP MUNICIPALITIES. 
 
 Meeting ; or so 
 I householders 
 ction be for a 
 5(1 value of the 
 don such RoHj 
 nation of such 
 vorn or affirm- 
 effect that the 
 es to the place 
 he names of all 
 ich election be 
 election be for 
 hey shall have 
 ind the persons 
 ames are upon 
 he time of the 
 juch Township, 
 J that the holder 
 listinct commu- 
 3 considered a 
 shall be assess- 
 Bsaid : Provided 
 cted as a Tovvn- 
 a been entered 
 held in his own 
 e value of one 
 
 early Township 
 ?nship vote or by 
 kold office until 
 t for which they 
 
 vhether appoint- 
 
 se of there being 
 
 illors returned at 
 
 that purpose by 
 
 the place for the 
 
 Election, which 
 
 r such Election, 
 
 f which appoint- 
 
 Members of the 
 
 I shall proceed to 
 
 3wnship8 which 
 
 seholders on the 
 
 r such Township 
 
 Municipalities 
 ime to time, at 
 Bath or absence, 
 le to summon a 
 
 each Township 
 ownship as they 
 ment, or by any 
 
 ill preside at all 
 ence the Deputy 
 
 Townreeve when there is one, except only when there shall be no 
 Townreeve or Deputy-Townreeve, in which case some other member of 
 fluch Municipality to be appointed by them for that purpose, shall pre- 
 side in such Municipality. 
 
 XXVIII. And be it enacted, That the Municipality for each Township 
 shall, so soon as conveniently may '^3 after their own «lectioa or ap- 
 pointment, nominate and appoint th. ^ Assessors for the Township and 
 one Collector for the same ; and that the said Assessors and Collector 
 shall hold ofRce from the time of their appointment respectivelyi until 
 the third Monday in January of the year next after their appointment as 
 aforesaid, and until the Municipality of such Township shall appoint 
 new Assessors or a new Collector in their place, or in the place of any 
 one of them, and in case of a vacancy in the office of any Assessor or 
 Collector by death or removal of residence from the Township, the 
 Township Municipality shall fill up the vacancy by a new appointment, 
 at its then next meeting, or as soon thereafter as conveniently may be. 
 
 XXIX. And be it enacted. That the Municipality of each Township 
 thall, upon the Report of the Auditors of the Township, finally audit and 
 allow all accounts chargeable against the Township, and in case any 
 such charges shall not be specially regulated by law, it shall be their 
 duty to allow for the same such sums as may be just and reasonable, 
 and they shall in like manner also audit and allow the accounts of the 
 Township Treasurer and of the Township Collector, except so far as 
 respects any County Rate collected by such Collector. 
 
 XXX. And be it enacted, That the boundary lines of the different 
 Townships in Upper Canada shall hereafter be ascertained and estab- 
 lished upon a peimanent footing, under the authority of an Act of the 
 Parliament of that Province, passed in the thicty-^ighyi year of tsbe 
 Reign of His late Majesty King George the Third, intituled, An Act io 
 ascertain and establish on a permanent footinp^ the Boundary Lines of the 
 different Townships of this Province, oi under the authority of any Act of 
 the Parliament of this Province, to be passed in the preeent or any fu- 
 ture session of Parliament for that purpose, upon -the application of the 
 Municipality of each Township respectively, or as such other Act may 
 direct, and not upon that of the Quarter Sessions of the Peace, as re- 
 quired by such first mentioned Act : Provided always, nevertheless, 
 that no application of freeholders shall be necessary to enable such 
 Municipality to make the necessary application for such purpose. 
 
 XXXI. And be it enacted. That the Municipality of each of the 
 Townships in Upper Canada, shall have power and authority to make a By- 
 law or By-laws for each, all or any of the following purposes, that is to say: 
 
 Firstly. For the purchase and acquirement of all such real and per- 
 sonal proj)erty within the Township as may be required for the use of 
 the inhabitants thereof as a Corporation, and for the sale and disposal of 
 the same, when no longer required. 
 
 Secondly, For the erection, security, preservation, improvement or 
 repair of a Town Hall, and of all other houses and buildings required by 
 or being upon any land acquired by or belonging to such Township as a 
 Corporation. 
 
 Thirdly. For the purchase and acquirement of such real property as 
 may be required for Common School purposes, for building Common 
 School Houses, and for the sale and disposal of the same when no long- 
 er required, and providing for the establishment and support of Common 
 Schools according to Law. 
 
 Fourthly. For the erection and establishment of one or more Public 
 Pounds in such Township, and settling tie Fees to be taken by Pound- 
 Keepers. 
 
 Appointment of 
 AaMiiora and 
 Collector!. 
 
 Terra of o(Re*. 
 
 As to vacancies. 
 
 Audit of ac' 
 eouniM. 
 
 Exception. 
 
 Boundary linea 
 of Townthips to 
 be permanently 
 established, and 
 iiowr. 
 
 Act of U. C. 
 O. 3. c. I. 
 
 38 
 
 Proviso. 
 
 Municipalities 
 to make By-laws 
 for certain 
 purposes. 
 
 Purchase of real 
 property. 
 
 Town Hnll. 
 
 School House. 
 
 Public PoUQd , 
 
8 
 
 TOWNSHIP MUNICIPALITIES. 
 
 I 
 
 I . 
 
 'l 'M 
 
 Pound-keeiierf, 
 Feiice-ViewefB 
 and oilier Town- 
 liliip Officer*. 
 
 Duties of Town- 
 ihip Officeri. 
 
 Their remunera- 
 tion. 
 
 Bondii, ice., to 
 begivenby ttiem. 
 
 Drains and water 
 courscc. 
 
 Hieliw.iyB, 
 Koads, &c. 
 
 Proviso as to en- 
 cro.icliinents on 
 certain Itinds of 
 property. 
 
 IliChwaya pass- 
 ing tlirough 
 woods. 
 
 Troviso UK to 
 orcliardH, Stc. 
 
 Protection of 
 TiinLer, Sioae, 
 
 Fifthly. For the appointment, under the Corporate Seal of such Town- 
 ship, of a sufficient number of Pound-Keepers, Fence-Viewers, Over- 
 seers of Highways, Road Surveyors, and of such and so many other 
 Officers as may be necessary for carrying into etfect any of the provis- 
 ions of this Act, or of any other Act of the Legislature of this Province, 
 or of the late Province of Upper-Canada, or of any By-law or By-laws 
 of the Municipality of such Township, and in like manner to displace 
 all or any of them and appoint others in their room, and to add to or 
 diminish the number of them or any of them as often as the said Cor- 
 poration shall see fit. 
 
 Sixthly. For regulating and prescribing the duties of all Officers acting 
 under the authority of the Corporation of such Township, and the pen- 
 alties on their making default in the performance of such duties. 
 
 Seventhly. For settling the remuneration of all Township Officers in 
 all cases where the same is not or shall not be settled by Act of the 
 Legislature, and for providing for the payment of the remuneration by 
 such Act of the Legislature or by the By-laws of the said Municipality 
 provided and appointed for all Township Officers whatsoever. 
 
 Eighthly. For regulating the bonds, recognizances or other securities 
 to be given by all Township Officers for the faithful discharge of their 
 duties ; for inflicting reasonable penalties for refusing to serve in any 
 Township Office, and for the infringement of any and every By-law of 
 the Municipality of the Township. 
 
 Ninthly. For the erection, construction or repair of such drains and 
 water-courses as the interests of the inhabitants of such Township shall 
 in the opinion of the Municipality require to be so erected, constructed 
 or repaired at the public e.vpense of such Township. 
 
 Tentldy. For the opening, constructing, making, leveling, pitching, 
 raising, lowering, gravelling, macadamizing, planking, repairing, plant- 
 ing, improving, preserving and maintaining of any new or existing 
 highway, road, street, side-walk, crossing, alley, lane, bridge or other 
 communication within such Township, and for the stopping up, pulling 
 down, widening, altering, changing or diverting of any such highway, 
 road, street, side-walk, crossing, alley, lane, bridge, or other communi- 
 cation within the same: Provided always, nevertheless, that no such 
 new, widened, altered, changed or diverted highway, road, street, side- 
 walk, crossing, alley, lane, bridge or other communication, shall be laid 
 out so as to run through or encroach upon any dwelling-house, barn, 
 stable, or outhouse or any orchard, garden, yard or pleasure ground, 
 without the consent in writing of the owner thereof. 
 
 Eleventhly. For providing, that on each side of any highway, which 
 shall pass through a wood, the timber shall be cut down for a .space not 
 e.\ceeding twenty-five feet on each side of such highway, by the pro- 
 prietor of the land oti which such timber shall be, or in his default by 
 the overseer of highways or other officer in whose division such land 
 shall lie, such timber to be removed by the proprietor within a time to 
 be appointed by the By-law, or in his default by such overseer of high- 
 ways or other officer, in which last mentioned case it may be used by 
 the overseer or other officer as aforesaid, for any purpose connected with 
 the improvement of the highways and bridges in his division, or sold by 
 him to defray the expenses incurred in carrying thj By-law into effect; 
 Provided always, that no such By-law shall authorize or compel the 
 cutting down of any orchard or shrubbery, or of any trees planted ex- 
 pressly for ornament or shelter. 
 
 Twelfthly. For the protection and preservation of any timber, ^tone, 
 sand or gravel, growing or being upon any allowance or any appropria- 
 
TOWNSHIP MUNICIPALITIES. 
 
 ■ such Town- 
 ewers, Over- 
 » many other 
 3f the provis- 
 his Province, 
 ,v or By-laws 
 >r to displace 
 I to add to or 
 the said Cor- 
 
 Dfficers acting 
 and the pen- 
 duties. 
 
 lip Officers in 
 by Act of the 
 nuneration by 
 I Municipality 
 sver. 
 
 iher securities 
 harge of their 
 3 serve in any 
 ery By-law of 
 
 ich drains and 
 rownship shall 
 ed, constructed 
 
 eling, pitching, 
 Bpairing, plant- 
 ew or existing 
 bridge or other 
 ling up, pulling 
 such highway, 
 )ther communi- 
 is, that no such 
 ad, street, side- 
 an, shall be laid 
 g-house, barn, 
 ,easure ground, 
 
 i^hway, which 
 or a space not 
 ay, by the pro- 
 1 his default by 
 sion such land 
 ithin a time to 
 verseer of high- 
 nay be used by 
 connected with 
 ision, or sold by 
 aw into effect ; 
 e or compel the 
 ees planted ex- 
 timber, ^tone, 
 any appropria- 
 
 tion for any public road or roads within such Township, and for the sale 
 of any timber growing or being upon any road allowance, if thought 
 proper, by the Council. 
 
 Thirteenthly. For regulating the driving and riding on or over any 
 bridge erected or to be erected within such Township. 
 
 Fourteenthly. For regulating inns, taverns, ale houses, victualling 
 houses, ordinaries, and all houses where fruit, oysters, clams, victuals 
 or spirituous liquors, or any other manufactured beverage may be sold, 
 to be eaten or drank therein, and all other places for the reception and 
 entertainment of the public within the jurisdiction of the Corporation of 
 such Township, and to limit the number of them, and in all cases when 
 there exists no other provision by law for the licensing of such houses, 
 to provide for the proper licensing of the same, at such rates as to the 
 Corporation of such Township may seem expedient; the proceeds of 
 such license, in cases not otherwise appropriated by law, to form part of 
 the public funds of such Township, and to be disposed of as the said 
 Corporation may consider advisable. 
 
 Fifteenthly. For making regulations as to pits, precipices, and deep 
 waters, or other places dangerous to travellers. 
 
 Sixtecnthly. For granting money to the Municipal Council of the 
 County in which such Township shall be situate, or to that of any ad- 
 joining County, to aid the making, opening, building, maintaining, 
 widening or improving any highway, road, street, bridge or communica- 
 tion lying between such Township and any other Township in the same 
 or any adjoining County, or in the making, opening, bmlding, main- 
 taining, widening or improving any highway, road, street, bridge or 
 communication within such Township, assumed by the Municipal 
 Council of the County as a county work, or agreed to be assumed by 
 such Municipal Council on the condition of such grant. 
 
 Seventeenthly. For regulating the manner of granting to associated 
 Joint Slock Road or Bridge Companies, permission to proceed with any 
 Roads or Bridges within the jurisdiction of such Municipality, and the 
 manner of afterwards ascertaining and declaring according to law the 
 completion of the works undertaken by such Companies respectively, 
 so as to entitle such Incorporated Companies to levy tolls upon such 
 works, and of all examinations, enquiries and investigations necessary 
 for the proper, efficient and judicious exercise of such power. 
 
 Eighteenthly. For taking stock in or lending money to any Incorpora- 
 ted Road or Bridge Company to which such Municipality shall have 
 granted a license to proceed with such work, in accordance with the 
 requirements of the Statute in that behalf, or in or to any other such in- 
 corporated Road or Bridge Company, in whose Road or Bridge the in- 
 habitants within the jurisdiction of such Municipality shall, in the opin- 
 ion of such Municipality, be sufficiently interested to warrant them in 
 taking such stock or lending such money for the .advancement of such 
 enterprize. All dividends, interest and proceeds to arise or be received 
 from such stock or loan being at all times applicable to the general pur- 
 poses of such Municipality, and to go in reduction of the rates required 
 to be levied for such purposes. 
 
 Ninetemthly, For restraining and regulating the running at large of 
 horses, cattle, sheep, goats, swine, and other animals, geese, turkeys 
 and other poultry, and to impound or provide for the impounding of the 
 same, and for fixing the periods of the year during which such animals 
 or poultry shall be permitted to run at large, and those during which 
 they shall be restrained from doing so. 
 
 Twenliethly. For imposing a tax on the owners, possessors or harbour- 
 for regulating the manner in which such dogs may be 
 
 snie of Timber 
 tic. 
 
 Driving over 
 bridges. 
 
 luiiB, tnvernt, 
 victualling 
 houses, &c. 
 
 Licensing in 
 ceriain cases. 
 
 Pits, precipices, 
 
 Grantine of 
 money for im- 
 proving roaUi', 
 &c. 
 
 Joint Steele Road 
 CompuniC8, &,c. 
 
 Tailing Stocic In 
 Bond oi Bridge 
 Companies, 
 
 As to diviilends, 
 interest, &c. 
 
 Running at largo 
 of animals. 
 
 ers of dogs 
 
 Tax on Dogg. 
 
!i 
 
 10 
 
 Destroying Doga. 
 
 Destruction of 
 weeds. 
 
 Exhibitions, 
 puppet bIiows, 
 wild animals, 
 fce. 
 
 Fines for extii> 
 bitinscontraryto 
 such By-iaws. 
 
 Damages pay- 
 able by owners of 
 animals trespas- 
 sing. 
 
 Sale of animals 
 impounded. 
 
 Height and de- 
 scription of 
 fences. 
 
 Establishment of 
 boundary lines. 
 
 Compounding 
 for Statute 
 liabour. 
 
 Applying com- 
 position money. 
 
 Enforcing Sta- 
 tute labour. 
 
 Fines and 
 .penalties. 
 
 Borrowing 
 4noneya. 
 
 TOWNSHIP MUNICIPALITIES. 
 
 allowed to run at large, or for preventin;* such dogs from being allowed 
 to run at large at improper times, and for killing and destroying such as 
 are found running at large contrary to such By-law. 
 
 Twenty-firstly. For the destroying and suppressing the growth of 
 weeds detrimental to good husbandry. 
 
 Iwenty-secondly. For preventing, restraining or regulating exhibitions 
 of wax ngures, wild animals, puppet shows, wire-dancing, circus- 
 riding, and other idle acts or feats which common showmen, circua- 
 riders, mountebanks or jugglers usually exhibit, practice or perform, and 
 rec[uiring the payment of a sum not exceeding five pounds to the Town> 
 ship Treasurer before any and every such exhibition shall be allowed to 
 be held or to take place ; for imposing a fine upon the proprietors or 
 persons in charge of such exhibition, in case they shall exhibit without 
 such payment, and for the levying thereof by summary distress to be 
 levied upon the goods and chattels of such showmen, or belonging to 
 such exhibition, whether the owners shall be known or not, or for the 
 imprisonment of the parties offending, for any time not exceeding one 
 calendar month, and for the appropriation of such sums as may be re- 
 ceived or recovered under any regulation or By-law to be passed for that 
 purpose. 
 
 Twenty-ihirtUy. For appraising the damages to be paid by the owners 
 of horses, cattle and other animals trespassing, contrary to the By-laws 
 or regulations of such Township. 
 
 Twenty-four thly. For causing such horses, cattle or other animals as 
 shall be impounded, to be sold, in case the same are not claimed within 
 a reasonable time, or in case the damages, fines and expenses shall not 
 be paid according to such By-laws or regulations. 
 
 Twenty-fifthly. For settling the height and description of lawful 
 fences. 
 
 Twenty'Sixthly. For procuring, in case the same hath not been already 
 4one, the ascertaining and establishment by public authority according to 
 law, of the boundary lines of such Township, and providing for the 
 periodical inspection and preservation of the durable monuments by law 
 required to be erected for evidencing the same, and for procuring the 
 necessary estimates, and making the necessary application far the same 
 according to law. 
 
 Twenty-seventhly. For empowexing the landholders in such Township, 
 to compound for the Statute labour by them respectively performable, 
 for any term not exceeding five years, at any rate not e.Yceeding two 
 shillings and six pence for each day's labour, and at any time before 
 the labour compounded for ought to be performed, and by any such regu- 
 lations to direct to what officer in each Township such composition 
 money shall be paid, and how such money shall be applied and account- 
 ed for, and to regulate the manner and the divisions in which the Statute 
 labour shall be performed. 
 
 Twenty-cighthly. For enforcing the performance of Statute or Road 
 labour, or payment of a commutation in money therefor. 
 
 Twenty-ninthly. For the imposing and collecting by distress and sale 
 of the goods and chattels of the offender or offenders reasonable penal- 
 ties and fines not exceeding in any case five pounds currency, and rea- 
 sonable punishment by imprisonment, not exceeding twenty days, for 
 the breach of all or any of the By-laws or regulations of such Munici- 
 pality. 
 
 TkirtietUy. For borrowing under the restriction, and upon the secu- 
 rity hereinafter mentioned, all such sums of money as shall or may q« 
 
 I 
 
COUNTY COtlNClLS. 
 
 11 
 
 I being allowed 
 itroying such as 
 
 the growth of 
 
 iting exhibitions 
 lancing, circus- 
 owraen, circus- 
 I or perform, and 
 ids to the Town- 
 all be allowed to 
 le proprietoi-8 or 
 i exhibit without 
 ry distress to be 
 or belonging to 
 jr not, or for the 
 t exceeding one 
 13 as may be re- 
 be passed for that 
 
 lid by the owners 
 y to the By-laws 
 
 Dther animals as 
 ot claimed within 
 xpenses shall not 
 
 iption 
 
 of lawful 
 
 not been already 
 lority according to 
 providing for the 
 lonuments by law 
 for procuring the 
 ition for the sartve 
 
 n 
 
 |ii such Tewnship, 
 ely perforraable, 
 ot exceeding two 
 t any time before 
 ly any such re^u- 
 juch composition 
 *lied and account- 
 [which the Statute 
 
 Statute or Road 
 r. 
 
 I distress and sale 
 
 jreasonable penal- 
 
 irrency, and rea- 
 
 , twenty days, for 
 
 I of such Munici- 
 
 upon the secu- 
 shallor may ae 
 
 Railing and 
 levying moneyf. 
 
 tiong not con- 
 trary to iaw. 
 
 Repeal, &«. 
 By-iaw«. 
 
 of 
 
 necessary for the executing of any Township public work within their 
 jurisdiction, and the scope of the authority by this Act conferred upon 
 them. 
 
 Thirty-firstly. For raising, levying, collecting and appropriating such 
 moneys as may be required for all or any of the purposes aforesaid, 
 either by way of tolls to be paid on any Township bridge, road, or 
 other township work, to defray the expense of making, repairing, or 
 maintaining the same, or by means of a rate or rales to be assessed 
 equally on the whole rateable property of such Township, liable to 
 assessment according to any law which shall be in force in Upper- 
 Canada, concerning rates and assessments. 
 
 Thirty-secondly. For making such other local regulations not contrary Local reuuia- 
 to any law of this Province, or to any By-law of the Municipal Council 
 of the Coufity within which such Township shall lie, and which shall 
 by law extend to and be in force within such Townsnip, as the good of 
 the inhabitants of such Township may in their opinion require. 
 
 Thirty-thirdly. For the repeal, alteration, or amendment, from lime to 
 time, of all or any of such By-laws, and the making others in lieu 
 thereof, as to them may seem expedient for the good of the inhabitants 
 of such Township. 
 
 IL COUNTIES. 
 
 XXXII. And be it enacted, That the inhabitants of each and every 
 County in Upper Canada, shall be a Bo<ly Corporate, and shall have 
 perpetual succession and a Common Seal, with power to break, renew 
 or alter the same at pleasure, and shall be capable of suing and being 
 sued, of pleading and being impleaded, in all courts and places what- 
 soever, — of purchasing, acquiring and holding lands and tenements and 
 other real and personal property within such county, for the use of the 
 inhabitants thereof in their corporate capacity, — and of making and 
 entering into such contracts as may be necessary for the exercise of their 
 corporate functions, and that the powers of the Corporation shall be 
 exercised by and through and in the name of the Municipal Council of 
 such County. 
 
 XXXIIT. And belt enacted. That the Townreeves and Deputy-Town- 
 reeves of the several Townships, Villages and Towns within each 
 County shall constitute the Municipal Council for such County. 
 
 XXXIV. And be it enacted, that the Municipal Council of each 
 County shall meet at the Shire Hall, if there be one, or otherwise at 
 the County Court House annually, on the fourth Monclay in January, or 
 if not on that day, then on some day thereafter, and their meeting may 
 be adjourned from time to time, and to the same place, or to any other 
 i;place within the County, or any City lying within the boundaries of such 
 ^County, although such City may be a County in itself for municipal or 
 other purposes, or within the liberties of any such City, and any Muni- 
 cipal Council may hold special meetings, (to be summoned at any time 
 :H)y the County Warden) at the place where the then last meeting of such 
 Council shall have been held -, and such special meetings may be ad- 
 journed from time to time, and to the same place, or to any other place 
 within the County as aforesaid. 
 
 XXXV. And be it enacted, That the Municipal Council of each 
 County shall, at their first meeting on or after the fourth Monday in 
 January in each year, choose from amongst themselves a County VVar- 
 
 .den, who shall thenceforth preside at all meetings of such Municipal 
 
 ■Council. 
 
 XXXVI. And be it enacted. That the keeping and repairing of the SMne^of 
 *^hire Hall, County Court House and Gaol, and of any House of Correc- Shirc Hail, &c.. 
 
 Counticfi 
 incorporated. 
 
 Corporate pow- 
 ers. 
 
 How exorcised. 
 
 Townreeves of 
 Townships and 
 Deputies, &c., to 
 form the Munici- 
 pal Council of 
 such County. 
 
 Meetings of 
 County Munici- 
 pal Councils. 
 
 As to Cities. 
 
 Special Meet- 
 ings. 
 
 Election of 
 
 County 
 
 Warden. 
 
12 
 
 COUNTY COUNCIL. 
 
 to be ehnrgcd 
 upon each 
 County. 
 
 I HI 
 
 I i W 
 
 i 
 
 I 
 i 
 
 Duty of Council 
 with reHpect to 
 
 firoperly repalr- 
 ng highways, 
 Lri(l|fc«, &.C., 
 nsijui led ns 
 County Roads or 
 Bridges, &c. 
 
 Powers of Minor 
 Municipalities 
 to cease as to the 
 same. 
 
 Proviso: certain 
 Improvements 
 not to constitute 
 ■uch nssump- 
 Uon. 
 
 Roads and 
 Bridges between 
 diflerent Town- 
 ships to be under 
 jurisdiction of 
 Coiinties through 
 Which th«y run. 
 
 Konds and 
 Bridfjes between 
 two Counties, 
 jcc.,tobe under 
 the jurisdiction 
 of both. 
 
 ■ to By-laws 
 irding the 
 s«i le 
 
 tion that may be erected and established by the Municipal Couneil, 
 shall be charged upon each County in Upper-Canada, and it shall be 
 the duty of the Municipal Council to cause the same to be repaired and 
 kept in repair at the expense of the County, and to raise by rate upon 
 the County all sums of money which shall be necessary for such pur- 
 poses, and for every other purpose, the expense whereof shall be by lavr 
 chargeable upon the County. 
 
 XXXVII. And be it enacted, That whenever any new or existing 
 highway, road, street, bridge or other communication within any Town- 
 ship, chall by any By-law of the Municipal Council of the County in 
 which such Township is situate, be assumed by such Municipal Council 
 as a County County road or bridge as being one in which more than 
 one Township or ihe whole County is interested, it shall be the duty of 
 such Municipal Council, and they are hereby required with as little de- 
 lay as reasonably may be, and at the expense of the County^ to cause 
 such road to be planked, gravelled or macadamized, or such bridge tube 
 built in a good and substantial manner, and from the time of the passing 
 of the By-law assuming such road or bridge as a County work as afore- 
 said, and so long as the same shall remain unrepealed, the Municipali- 
 ties of the Townships i:; which such road or bridge shall be situate, shall 
 cease to have any jurisdiction or control over the same or any part there- 
 of as respects the making, maintaining or improving the same, or the 
 stopping up, altering or diver! ing the same, or the protection or preser- 
 vation of any timber, stone, sand or gravel growing or being thereon, or 
 the regulating the driving or ridiiig thereon, or other use thereof: Provi- 
 ded always, nevertheless, that the mere laying out of County money 
 upon any road lying between any two or more Townships for the im- 
 provement thereof, or exercising the other powers by this Act conferred 
 upon them with respect to such line roads, shall not be deemed an as- 
 sumption of the same as County roads, so as to render it obligatory upon 
 the said County, to cause the same to be planked, graveled or macada- 
 mized as hereinbefore provided, and this notwithstanding that the line 
 of such roads may occasionally deviate from its course between such 
 Townships, or any two of them, so as in some places to lie wholly or in 
 part within one oi such Townships only. 
 
 XXXVIII. And be it enacted, That all roads and bridges running, 
 lying or being between different Townships, situate in the same County, 
 shall be exclusively within the jurisdiction and subject to the control of 
 the Municipal Council of such County as far as respects the making, 
 maintaining or improving the same, or the stopping up, altering or di- 
 verting the same, or the protection and preservation of any timber, stone, 
 sand or gravel growing or being thereon, or the regulating, the driving 
 or riding thereon, or other use of the same, and this notwithstanding 
 that the line of such road or bridge shall or may occasionally deviate 
 from its cours between such Townships, and in some parts thereof may 
 lie wholly within one of such Townships. 
 
 XXXIX. And be it enacted. That all roads and bridges running, lying 
 or being between different Counties or between a County and a City 
 lying within the boundaries of such County or on the 'bounds of a Town 
 or Incorporated Village within such County, shall be within the juris- 
 diction and subject to the control of the Municipal Corporations of both 
 such Counties, or of such County and City or Town and Villag- as .':.r 
 as respects the making, maintaining or improving the same, or the slop- 
 ping up, altering or diverting the same, or the protection of any timber, 
 stone, sand or grave] growing or being thereon, or the regulating the 
 driving or riding thereon, orotheruseof the same, and this notwithstand- 
 ing that the line of such road or bridge shall or may occasionally deviate 
 
 li 
 
 _r~'~~"' ~- 
 
COUNIY COUNCIL. 
 
 13 
 
 3ipal Couneil, 
 ind it shall be 
 i repaired and 
 3 by rate upon 
 for such pur- 
 ihall be by law 
 
 lew or existing 
 hin any Town- 
 the County in 
 inicipal Council 
 lich more than 
 ,1 be the duty of 
 nth as little de- 
 :ountyj to cause 
 uch bridge to bo 
 Le of the passing 
 y work as afore- 
 the Municipali- 
 be situate, shall 
 )r any part there- 
 lie same, or the 
 action or preser- 
 being thereon, or 
 3 thereof: Provi- 
 f County money 
 jhips for the im- 
 113 Act conferred 
 )e deemed an as- 
 t obligatory upon 
 veled or macada- 
 ling that the line 
 se between such 
 lie wholly or in 
 
 biidges winning, 
 
 the same County, 
 
 ;t to the control of 
 
 jcls the making, 
 
 jp, altering or di- 
 
 my timber, stone, 
 
 Lting, the driving 
 
 A notwithstanding 
 
 [asionally deviate 
 
 parts thereof may 
 
 res running, lying 
 lounty and a City 
 [bounds of a Town 
 within the juris- 
 [rporations of toth 
 Vnd Villag'- as ':.r 
 [same, or the stop- 
 lion of any timber, 
 lie regulating the 
 [thisnotwithstand- 
 Icusionally deviate 
 
 from its course between such Counties or such County and City, or alonjj; 
 the bounds of such Town or Village, and in some parts thereof lie 
 wholly within one or the other of such Counties, City, Town or Village, 
 and no By-law to be passed by any of such. Municipal Corporations 
 with respect to any such road or bridge, for any of the purposes aforesaid, 
 shall have any force or eflect whatsoever until the passing of a By-law 
 in similar or corresponding terms as nearly as may be by the other of 
 such Corporations. 
 
 XL. And be it enacted, That the Municipal Council of each County 
 shall, upon the report of the Auditors of the County, finally audit and 
 allow all accounts chargeable against the County : and in case any such 
 charges shall not be specially regulated by law, it shall be their duty to 
 allow for the same such sums as may be just and reasonable ; and they 
 shall in like manner also audit aud allow the accounts of the County 
 Treasurer, and of the Collectors of the sevei .'. Townships within their 
 County, so far as the accounts of such Collectors shall relate to County 
 purposes. 
 
 XLL And be it enacted, That the Municipal Council of each County 
 shall have power and authority to make a By-law or By-laws for each, 
 all or any of the following purposes, that is to say : 
 
 Firstly. For the purchase and acquirement of all such real and per- 
 sonal properly, within the County, as may be required for County pur- 
 poses, and for the sale and disposal of the same when no longer required. 
 
 Secondly. For the erection, preservation, improvement or repair of a 
 Shire Hall, Court House, Gaol, House of Correction, House of Industry, 
 and of all other Houses and other buildings required by or being upon 
 any land acquired by or belonging to such County as a Corporation. 
 
 Thirdly. For the purchase and acquirement of such real property as 
 may be required for County Grammar School purposes, and for the 
 erection, preservation, improvement and repair of County School Houses 
 for the use of Grammar Schools in such parts of the County, or within 
 any City or the liberties thereof, lying within the boundaries of such 
 County, as the wants of the people most require, for the sale and disposal 
 of the same when no longer required, and for making such provision in 
 aid of such i-Jrammar Schools as they may deem'expedient for the ad- 
 vancement of education in the same. 
 
 Fourthly. For making some permanent provision for defraying, out 
 of the public funds of such County, the expense of the attendance at the 
 seat of the University of Toronto, and of that of Upper-Canada College, 
 Und Royal Grammar School there, of such and so many of he Pupils of 
 flie different Public Grammar Schools of such County, as suall be desi- 
 rous of, and in the opinion of the respective Masters of such Grammar 
 Schools shall be of competent attainments for entering into competition 
 fcr any of the Scholarships, Exhibitions or other similar Prizes offered 
 by such University or College to competition amongst such Pupils, but 
 Which Pupils from the inability of their Parents or Guardians to incur 
 the necessary expense of such attendance, might otherwise be deprived 
 of the opportunity of competing for the same. 
 
 Fifthly. For the endowment of such and so many Fellowships, Schol- 
 arships, Exhibitions and other similar Prizes in the University ofToron- 
 to, or in Upper Canada College and Royal Grammar School there, to be 
 open to compethion amongst the Pupils of the different public Grammar 
 Schools of such County, as they shall deem expedient for the encour- 
 i^ement of Learning amongst the youth of such County. 
 
 Sixthly. For the appointment of the Inspectors of the County House of 
 Industry and of such and so many Officers as may be necessary for 
 
 Audit of nc- 
 coiinU clinrgc- 
 nlile ngniiiel 
 County. 
 
 Ami of Tfcabut- 
 
 craaiul 
 
 Collectors. 
 
 Councils may 
 iniikp By-laws 
 for certniii 
 purposes. 
 
 I'urchnse of real 
 Tropcrty. 
 
 Krection, &.c.,of 
 Shire Hnll uiiil 
 other couniy 
 inef. 
 
 building! 
 
 Erection, &c., of 
 Innd for School 
 Houses, &.C. 
 
 INtakiiis a pro- 
 vision for the 
 expoiisus of 
 I'upils nitending 
 in the Universi- 
 ty of Toronto , 
 &.C., whose 
 parents are uiia- 
 lilc to incur such 
 expenses. 
 
 Endowment of 
 Fellowships in 
 the University of 
 Toronto, tie. 
 
 Appointment of 
 Inspectors of 
 
// 
 
 
 \ 
 
 i 
 
 14 
 
 House of Indui' 
 try. 
 
 Remuneration 
 of County Offi- 
 cer*. 
 
 Regulot^on of 
 FcrrieB,&c. 
 
 Proviio. 
 
 Remuneration of 
 Townreeves. 
 
 Proviso as to 
 commcneemriit 
 ofsueh By-law. 
 
 Erection, &e.^of 
 drains. 
 
 Opening, nralcing 
 and repairing 
 roads. Sec. 
 
 Agreeing witli 
 MuniclpnlitieB 
 as to sucli wotk. 
 
 Proviso as to 
 encroacliineiita 
 on certain iiinds 
 ol' property. 
 
 Protection of 
 tinilier, &.c. 
 
 COUNTY COUNCILS. 
 
 carrying irtto efi'eot any of the provisions of this Act, or of any other Act 
 of the ^gislalure of this Province, or of the late Province of Upper 
 Canaila, the erection or maintainance of such Houses of Industry or of 
 any l^y-law or By-laws of the Municipal Council of such County re- 
 spectii.'g the same. 
 
 Seventhly. For the settling the remuneration to all County Officers in 
 all cases where the same is not or shall not be settled by Act of the 
 Legislature, and for providing for the payment of the remuneration by 
 siicii Act of the Legislature or bv the fiy-laws of the said Municipal 
 Council provided and appointed for all County Officers. 
 
 Eighthly. For regulating all Ferries between any two places in such 
 County, and for establishing the rates of pay or hire to be taken by the 
 owners or condtictors of the boats or vessels employed on such Ferries, 
 but no By-law for any such purpose shall have any force or effect until 
 the same shall have been assented to by the Governor of this Province 
 in Council. 
 
 Ninthly. For settling and paying a late at which the Townreeves and 
 Deputy Townreeves forming such Municipal Council shall be remune- 
 rated lor their attendance at such Council : Provided always, neverthe- 
 less, that no By-law to be passed for this latter purpose after the year of 
 of our Lord, one thousand eight hundred and fifty, shall be valid, unless 
 the same shall by the terms of it be limited to take effect two whole 
 years at least from the passing thereof. 
 
 Ttnthly. For the erection, construction or repair of such drains and 
 water courses as the interests of the inhabitants of such County at large 
 shall in the opinion of the Municipal Council require to be so erected, 
 constructed or repaired at the public expense of such County. 
 
 Eleventhly. For the opening, constructing, making, levelling, pitch' 
 ing, raising, lowering, gravelling, macadamizing, planking, repairing, 
 
 Elanting, improving, preserving and maintaining of^any new or existing 
 ighway, road, street, side-walk, crossing, alley, lane, bridge or other 
 communication running, lying or being within one or more Townships 
 or between two or more Townships ofsueh County, or between such 
 County and any adjoining County or City, or on the bounds of any Town 
 or Incorporated Village lying within the boundaries of such County, as 
 the interests of the innabitants of such County at large shall in the opi- 
 nion of the Municipal Council require to be so opened, constructed, 
 made, widened, changed, diverted, levelled, pitched, raised, lowered, 
 gravelled, macadamized, planked, repaired, planted, improved, pre- 
 served or maintained at the public expense of such County ; and for en- 
 tering into, performing and executing any arrangement or agreement 
 with the Municipal Corporation of any such adjoining County or Coun- 
 ties, City or Cities, or of any such Town or incorporated Village as 
 aforesaid, for the execution of any such work at the joint expense and 
 for the joint benefit of the Municipal Corporation of such Counties, 
 Cities, Towns or \ 'Uages and the people they represent respectively; 
 and for the stopping up, pulling down, widening, altering, changing or 
 diverting of any such highway^ road, street, bridge or communications 
 within the same ; Provided always, nevertheless, that no such new, 
 widened, altered, changed or diverted highway, road, street, side-walk, 
 crossing, alley, lane, bridge or other communication, shall be laid out 
 so as to run through or encroach upon any dwelling house, barn, stable, 
 or outhouse, or through any orchard, garden, yard or pleasure ground, 
 without the consent in writing of the owner thereof. 
 
 Twelfthly. For the protection and preservation of any timber, stone, 
 sand or gravel growing or being upon any allowance or appropriation 
 for any of such County roads. 
 
COUNTY COUNCILS. 
 
 15 
 
 any olher Act 
 nee of Upper 
 Industry or of 
 ich County re- 
 
 tity Officers in 
 by Act of the 
 muneration by 
 aid Municipal 
 
 places in such 
 e taken by the 
 n such Ferries, 
 e or effect until 
 of this Province 
 
 Pownreeves and 
 lall be remune- 
 ways, neverthe- 
 after the year of 
 be valid, unless 
 (ffecl two whole 
 
 such drains and 
 1 County at large 
 to be so erected, 
 bounty. 
 
 levelling, pitch- 
 inking, repairing, 
 y new or existing 
 e, bridge or other 
 more Townships 
 or between such 
 undsofanyTown 
 such County, as 
 shall in the opi- 
 ined, constructed, 
 raised, lowered, 
 improved, pre- 
 ^unty ; and for en- 
 lent or agreement 
 , County or Coun- 
 orated Village as 
 joint expense and 
 [of such Counties, 
 jenl respectively ; 
 sring, changing or 
 jr communications 
 [hat no such new, 
 street, side-walk, 
 , shall be laid out 
 kouse, barn, stables 
 pleasure ground, 
 
 jiny timber, stone, 
 fe or appropriation 
 
 Thirfeenthhj, For regulating the dritlng and riding on or over any 
 County bridge erected or to be elected under the authority of such Mu- 
 nicipal Council. 
 
 Fourteenthly. For preventing the immoderate riding or driving of hor- 
 ses or cattle in any of the public highways in such County, whether 
 such highways be Township or County roads. 
 
 Fifteenthly. For making regulations as to pits, precipices and deep 
 waters, or oiher places dangerous to travellers in the immediate neigh- 
 bourhood of any County Road or Bridge. 
 
 Sixteenihly. For granting to any Town, Township or Village, in such 
 County, by way of loan or otherwise, such sum or sums of money in aid 
 of such other moneys as may be raised by the Municipal Corporation of 
 such Town, Township or Village, or by voluntary subscription, for or to- 
 wards the making, opening or erecting of any new road or bridge in 
 such Town, Township or village in cases where such Municipal Coun- 
 cil shall deem such Town, Township or Village work of sufficient im- 
 portance to justify the afTording such assistance to it, with a view to the 
 general interest possessed by the County at large in such Town, Town- 
 ship or Village, and yet where such work is not of a character, in their 
 opinion, to justify them, in at once assuming the same as a County 
 woik to be executed wholly at the expense ofthe County at large. 
 
 Seventeenthly. For attaching any new Township or Townships within 
 -such County not having a sumcient population for a separate Municipal 
 organization of their own under the provisions of this Act, to such of the 
 •older Townships of such County as they shall deem best for the conve- 
 nience of the inhabitants of such new Township or Townships, and for 
 thus forming them into a Union of Townships for the purpose of such 
 'Municipal organization. 
 
 Eighteenthly. For regulating the manner of granting to associated 
 Joint Stock Koad or Bridge Companies, licenses to proceed with any 
 'roads or bridges within the jurisdiction of such Municipal Council, an^ 
 ihe manner of afterwards ascertaining and declaring according to law 
 the completion of the works undertaken by such Companies respective- 
 ly, so as to entitle such Incorporated Companies to levy tolls upon such 
 Works, and of all examinations, enquiries and investigations necessary 
 for the proper, efficient and judicious exercise of such power. 
 
 Nineteenthly. F-"" taking stock in or lending money to any Incorpora- 
 ted Road or Bridge Company to which such Municipal Council shall 
 have granted a license, to proceed with such work in accordance with 
 tibe requirements of the Statute in that behalf, or in or to any other such 
 Uicorporated Road or Bridge Company in whose road or bridge the in- 
 liabitants within the jurisdiction of such Municipal Council shall in the 
 minion of such Municipal Council be sufficiently interested to warrant 
 them in taking such stock or lending such money for the advancement 
 dfsuch enterprize ; all dividends, interests and proceeds to arise or be 
 l^eived from such stock or loan being at all times applicable to the 
 fidtoeral purposes of such Municipal Council, and to go in reduction of 
 tne rates required to be levied for such purposes. 
 
 Twentiethly. For the imposing fines not exceeding in any case ten 
 pounds, currency, for the breach of all or any of the By-laws or Regu- 
 litions of such Municipal Council. 
 
 ■{ Twenty-firstly. For borrowing under the restriction and upon the se- 
 Irity hereinafter mentioned, all such sums of money as shall or may 
 I necessary for the execution of any County work within their juris- 
 ^tion and the scope of the authority by this Act conferred upon them. 
 
 Regulation of 
 driving on 
 Bridgei. 
 
 Prevention of 
 immoderaie 
 driving on 
 llighwayi, Ice. 
 
 ReoulatiouR nh 
 10 I'its, Jtc, near 
 Roada. 
 
 Granting loans 
 to Town*, 
 TownBhipn, 
 tec, in the 
 County. 
 
 Attaching 
 Township« to 
 others. 
 
 Granting lieen- 
 DCS to Road or 
 Bridge Com- 
 panieH. 
 
 Talking StocK in 
 Road or Rridge 
 Coinpnniui'. 
 
 As to Uividendu, 
 interest, &c. 
 
 Finn. 
 
 Borrowing 
 inoneyg. 
 
• / 
 
 { 
 
 1 
 
 
 
 tl 
 
 ri 
 
 I 
 
 ii 
 
 1! 
 
 I 
 
 Oi 
 
 
 m 
 
 If 
 
 IG 
 
 POLICE VILLAGES. 
 
 Repealing or 
 ninendliig By- 
 Ihws. 
 
 County Muniei- 
 piil Coiincllii 
 may define 
 liinitb of villages 
 ttt. 
 
 Levying inontiyt Twenly-secondly. For raising, levying, collectinp; and uppropriatini; 
 such moneys as may be required for all or any of the purpoites aturesaid, 
 either by way of tolls to bo paid on any County Bridge, road or other 
 public work, to defray the expense of making, repairing or maintaining 
 the same, or by means of a rate or rates to be assessed equally on tho 
 whole rateable property of such County liable to assessment, according 
 to any lasv which shall be in force in Upper Canada concerning Rates 
 and Assessments. 
 
 Tioenty-thirdly. For tho repeal, alteration or amendment from lime to 
 lime of all or any of such By-laws, and the making others in lieu there- 
 of as to them may seem expedient for the good of the inhabitants of 
 such County. 
 
 III. POLICE VILLAGES. 
 
 XLII. And be it enacted, That it shall and may be lawful for the 
 Municipal Council of any County, by By-law to be passed upon the 
 petition of any number of the inhabitants ot any unincorporated Village or 
 Hamlet, situate in such County, or for the Municipal Councils of any 
 two or more Counties, upon any such petitions from the inhabitants of 
 any unincorporated Village or Hamlet situate partly within one of such 
 Counties iind partly within another or others of^them, to define the lim- 
 its within which in respect to such Village or Hamlet there is, in the 
 opinion of such Municipal Councilor Municipal Councils, a residera 
 population sufiicient to make it expedient that the provisions of this Act 
 for the regulation and Police of unincorporated Villages should bo aji- 
 plied to such Village or Hamlet, and in ever^ such By-law such Muni- 
 cipal Council or Councils, shall fix the place in such Village or Hamlet, 
 where the first annual election of Police Trustees, under the authority 
 of this Act, shall be held for such Village, the person who shall preside 
 at such meeting, and the hour at which such meeting shall be opened 
 for that purpose. 
 
 XLIII. And be it enacted, That on the second Monday in January 
 next after the end of three calendar months from the passing of such 
 By-law or By-laws, as the case may require, and ann *-'Jy, on the sec- 
 ond Monday of January in each and every year thereafter, until such 
 Village shall be incorporated under the provisions of this Act, it shall 
 and may be lawful for the resident freeholders and householders of such 
 unincorporated Village to assemble at the time and place appointed for 
 that purpose, and to proceed to elect from among themselves three 
 Police Trustees for such Village, which three Trustees, or any two oi 
 them, by a Memorandum in writing under their hands to be filed witli 
 the Township Clerk of the Township in which such Village is situate, 
 or w^hen such Village is situate within two or more Townships, then to 
 be filed with the Township Clerk of some one of such Townships, shall 
 •within a reasonable time after the election, nominate and appoint one 
 of their number to be the inspecting Trustee of such Village. 
 
 XLIV. And be it enacted. That it shall be the dutj? of the Collector 
 and CoUectorsoftheTownshiporTownships within which such unincor- 
 
 E orated Village shall be situate, whether appointed under this Act or 
 efore the passing thereof, to deliver to the person appointed to preside 
 at any such election, or to any person by him appointed to receive the 
 same, a fair copy of the Collector's Roll made up next before such elec- 
 tion, so far as such Roll contains the names of the resident freeholden 
 and householders of such unincorporated Village, with the amount fo; 
 which they shall be assessed upon such Rolls ; which copy shall be 
 verified by affidavit or affirmation appended to, or endorsed upon sud 
 copy, and sworn or affirmed before any Justice of the Peace for the 
 County, to the effect, that the same is a tiue copy of such Roll, so far as 
 
 And fix place 
 of firbt election, 
 
 Sec. 
 
 Meeting for 
 election of 
 Police Trubtees. 
 
 Appointment of 
 
 Inspecting 
 
 Trustee. 
 
 Townsliip 
 Collector to 
 deliver a coi^y 
 ot'tlie roll of 
 freeholdera 
 and householders 
 to the person 
 presiding nt the 
 election. 
 
 Attestation of 
 such copy. 
 
 ^'^ -i'-V^ g-yiS;- 
 
 SKssasw 
 
POLICE VILLAGES. 
 
 if 
 
 pl)ropriatin^ 
 us atoresaiil, 
 road or othor 
 inaintainincj 
 lually on tlio 
 nt, according 
 eriiing Rates 
 
 i from lime to 
 in lieu there- 
 inhabitants of 
 
 lawful for the 
 ssed upon the 
 ated Village or 
 ooncils of any 
 inhabitants of 
 lin one of such 
 lefine the lim- 
 there is, in the 
 ills, a reslderd 
 ionaof this Act 
 I should be u.p- 
 aw such Muni- 
 lage or Hamlet, 
 er the authority 
 ho shall preside 
 shall be opened 
 
 day in January 
 massing of such 
 ■ijy, on the see- 
 dier, until such 
 his Act, it shall 
 [eholdersofsuch 
 Ice appointed fov 
 Vemselves three 
 [s, or any two ci 
 10 be filed with 
 [illage is situate, 
 vnships, then to 
 townships, shall 
 ind appoint one 
 |iUage. 
 of the CoUectoi 
 ^h such unincor- 
 ^der this Act oi 
 iinted to preside 
 [d to receive the 
 lefore such elec- 
 Ident freeholden 
 the amount fo: 
 1 copy shall he 
 i^rsed upon sucl 
 |e Peace for the 
 ih Boll, so far as 
 
 l'rovl«o aa to 
 Ti'iinnli or part* 
 of hoiiaei. 
 
 i|unlltlcflilono( 
 flue turn. 
 
 Ap|K>illtlllCllt of 
 
 licmonB to pre- 
 side at anutiul 
 I'lcctionti. 
 
 ProvjNiun in cute 
 of ahseiice of 
 person nppuinted 
 to pretiidc at 
 election. 
 
 relates to the unincorporated Villngo for which such election ia to bo 
 held, and that it includes iho names of all the resident freeholders and 
 householders in such unincorporated villaf,'e, and iho amount for which 
 thoy shall have been assessed as entered upon such Roll, and the per- 
 Hons entitled to vote or be elected at such election shall be those whoso 
 names are upon the said lioU or Rolls thns verified, and who shall con- 
 tinue at the time of the election to be resident in such Village : Provided 
 always, firstly, that tlie holder or occnpior of any sopaialo portion of a 
 house having a distinct communication with a road or street, by an 
 outer door shall bo considered a householder within the rneanitig of tiiis 
 Act in case he shall bo assessed therefor, as a house upon such Collec- 
 tor's Roll or Roll's as aforesaid : And provided also, secondly, that no »'';°J',',^°j;;'„'° 
 ])erson shall be qualified to bo elected at any such election of Trustees 
 who shall not have been entered upon sucii Roll or Rolls as aforesaid, 
 for rateable properly held in his own riglit or that of his wife as proprie- 
 tor or tenant, to the value of one hundred pounds of lawful money of 
 Canada. 
 
 XLV, And bo it enacted, 'I'hat at evoiy subsequent annual election of 
 Police Trustees for such unincorporated Village after the first, the per- 
 son to preside at such election, and the hour at which the same snail 
 commence, shall be appointed by the Trustees for the preceding year 
 or any two of them under their hands, of which due notice shall by them bo 
 given by wrilten or printed notices thereof, to be put up in at least three 
 of the most public places in such unincorporated Village. 
 
 XLVL And bo it enacted, That if at the lime and place appointed 
 for any first or subsequent election of Trustees, for any such unincorpo- 
 rated Village, the person appointed to preside thereat shall not attend 
 within one hour after the time appointed for commencing the proceed- 
 ings, the resident inhabitant freeholders and householders of such Vil- 
 lage, or a majority of iht m may, if they think proper, proceed to 
 nominate a person to preside at such meeting, and the election of Trus- 
 'tees for such year shall bo held by such person, as if he had been the 
 person appointed by the Municipal Council of the County or by the 
 Trustees for the preceding year as aforesaid. 
 
 XLVIL And be it enacted, That upon the happening of any vacancy 
 by death or otherwise, amongst the Police Trustees of any such unin- 
 corporated Village in the course of the year for which they shall have 
 been elected, it shall and may be lawful for the remaining Trustee or 
 Trustess by a memorandum in writing, to be filed with such Township 
 Clerk as aforesaid, to supply such vacancy by the appointment of Trustees 
 or a Trustee in their or his place, which Trustees or Trustee so appointed, 
 |hall hold his office to the end of the term of office of the person in whose 
 
 flace he shall have been appointed, and no longer, and shall, during the 
 me he shall hold the same, possess all the authority of such person. 
 XLVIII. And be it enacted, That any Inspecting or other Trustee of 
 any of the said unincorporated Villages, who shall wilfully neglect or 
 omit to fulfil any of the duties hereby imposed upon him, or to prosecute 
 any offender against the Regulations of Police hereinafter established, 
 for such unincorporated Villages, at the request of any inhabitant 
 householder, offering to adduce proof of the offence, shall, on being 
 lliereof convicted in manner hereinafter provided, incur a penaUy of 
 twenty shillings, currency. 
 
 i XLIX. And be it enacted. That the penalties prescribed in and by 
 fie next immediately preceding section of this Act, or underthat for the 
 fstablishment of Regulations of Police for such unincorporated Villages, 
 ihall be sued for within ten days after the ofience for which they shall 
 Rave been incurred shall have ceased, and not afterwards. 
 
 B 
 
 I'rovision incase 
 of vacancy 
 iimong the Police 
 Trustees. 
 
 Penally asainiit 
 Trustees for 
 neglect of duty. 
 
 Pcnaltieij to be 
 bued for within 
 a certain time. 
 
IS 
 
 Pennlilci to be 
 ■iifil fur nnil 
 wcovcrfd by 
 lMi|>oriltig 
 Truiift. 
 
 How levM. 
 Mow applied. 
 
 Police rpsnln- 
 tionn 10 I'ven- 
 forci'il with 
 revpcct 10— 
 
 Laridert on 
 roofii) 
 
 Bueketa i 
 
 Bakers, Brew- 
 er*, &e. 
 
 Blove pipes ! 
 
 POLICE VILLAGER. 
 
 L. And be it enactffd, That all pennltie* incurred hy any person or 
 persons, under nny of the KRauhitions of Police, by ilie next succeed- 
 inp Mcction of this Act, established for such uninuorporHted Villnges, 
 shall he sued for and recovered by the Inspectinuf Trustee of i'ulice of 
 ■uch Village, or in his nbHence, or when he shall be the pnrty com- 
 plained iKainst, then by some other of uuch Trustees before any one 
 Justice of the Pence having juristiictiun and residini;; within Ave miles 
 of such Villape, if any there be, or else before any other Justice of the 
 Peace havinu^ jurisdiction as such, in such VilbsfP, who nhnli hear and 
 determine such information in a summary manner, and upon the oath 
 or affirmation of one or more credible witnesses, and shall cause such 
 penalty to be levied by distress and sale of the j^ods of the oiTender; 
 and the whole of such penoltv shall be applied to the repairs and im- 
 provempnt of the streets und lanes of such Viilaure, under the direction 
 of the Police Trustees thereof, and by the Palhmnsteror Pathmastersof 
 the division or divisions to which such Village shall belonir, to whom or 
 such of them as shall bo appointed by such Trustees fur that purpose^ 
 such peivaliy shall be paid over fur that purpose. 
 
 LI. And be it enacted, That it shall be the duty of the Police Trus- 
 tees of every such unincorporated Vi I laire to e.xecute and enforce, and 
 cause to be executed and eiifurciul, within the limits uf such Villnc^e, 
 the Hegulutions of Police herein and hereby provided and established 
 fur all such Villages, that is to say : 
 
 Firstly. All and every the proprietors and proprietor of a house or 
 bouses of more than one story in heiijht, in any of the said Villases, 
 shall place or cause to be placed a lad ler or ladclers on the roof of their 
 lespective housei*, near to or adjoining' the chimney or chimneys thereof, 
 and another ladder reaching from the ground to the roof of each and every 
 of their respective houses a^afore.said, under the penally of five shillings 
 currency, for every nealecl so to do, and of ten shillings currency, (ox 
 each and every week during which they shall neglect to provide them- 
 selves with such ladder or ladders as aforesaid. 
 
 Secondly. All and every householder or householders in the said Vil- 
 lages shall be held to furnish and provide himself or themselves with 
 two buckets, fit and proper for carrying water, in case of accidents by 
 fire, under the penalty of five shillings currency, for each bucket which 
 may be deficient. 
 
 Thirdly. It shall not be lawful for any baker, potter, brewer, manu- 
 facturer of put and pearl ashes, or any other person, to build, make or 
 cause to be built and constructed, any oven or furnace within the limits 
 of any of the aforesaid Villages, unless the same adjoin and be properly 
 connected with a chimney of stone or brick, vVhich chimney shall rise at 
 least three feet higher than the house or building in which the said oven or 
 furnace may be, and three feet higher than any building within one chain 
 of the said oven or furnace, under a penally which shall not exceed ten 
 shillings currency, and for non-compliance with this regulation, the 
 offender shall incur a penalty of fifteen shillings currency, for each week 
 during which he shall neglect to comply therewith. 
 
 Fourthly. It shall irot be lawful for any person in any of the said 
 Villages to conduct any stove pipe through any wooden or lathed parti- 
 tion or through any fToor, unless there be a space of six inches between 
 the pipe and the paitition or floor, or the ne.r rest wood-work, and the 
 pipe of every stove shall be in«erted into a clnaiiit y, and there shall be 
 left at least ten inches in the clear between any stove and any 
 wooden or lathed partitions, or other wood-work, and each and every 
 person offending against this regulation shall incur a penalty of teii 
 shillings currency. 
 
 » wnTi«(ii« 
 
POLICE VILLAGES. 
 
 19 
 
 any person or 
 next curceetl- 
 irnled Villufjes, 
 ,e of I'olice ot 
 Ihe piirty coni- 
 before any one 
 ilhin five miles 
 r Juttice of the 
 bUhU hoar and 
 upon Uie oath 
 hall cunoe i>uch 
 of Ihe offeniler ; 
 epairs anil im- 
 ler the direction 
 »r Pathmacternof 
 onsr, to whom or 
 for that purpose* 
 
 the Police Tru»- 
 
 and enforce, and 
 
 of such Villn(?e, 
 
 and established 
 
 lor of a house or 
 he caid Villnffes, 
 ri the roof of their 
 jhimneys thereof, 
 'ofeach and every 
 y of five shillings 
 ngs currency, for 
 to provide ihem- 
 
 in the paid Vil- 
 themselves with 
 of accidents by 
 [ach bucket which 
 
 Ip, brewer, manu- 
 [o build, make or 
 I within the limits 
 lin and be properly 
 imney shall rise at 
 ;h the said oven or 
 jT within one chain 
 \n\\ not exceed ten 
 lis regulation, the 
 ley, for each week 
 
 In any of the said 
 fcri or lathed parti- 
 lix inches between 
 Id-work, and the 
 [and there shall be 
 stove and any 
 each and every 
 a penally of te.i 
 
 Fifthly. Any person rr persons who shall enter into any mill, barn, out- 
 house or stable williiii tho limits i)f any of the said Villuffes with a lij^htcd 
 candle or lamp, without haviriLrll'o siimo well inolosfd in a hintein, shall 
 for every such otfence incur a penally of (iv«) shillings tniiency, and any 
 person or persons whoshall enter into any mill, barn, stable or out-house, 
 within the limils of any of tho said Villaifos, with a lighted pipe or 
 cigar, or carry /ire not properly securod into tiucli barn, stable, or out- 
 house, shall for every such dffeiu'u incur a penalty of five shilhngs 
 currency. 
 
 Sixthlij. No person or persons shall ho allowed to light or have a fire 
 in any wiodcn houfn or out-lioiise, of any descrijjtioii, within tho limils 
 of any of tlio said Viilayt.'s, unless tlie same bo in a brick or stone 
 chimney, or in a slovo of iron or other metal, under a penalty of five 
 shillings currency, for each offence. 
 
 Scvenllilij. All and every person or persons who sliall carry or convoy 
 fire into or throuuli any street, lane, yard, garden or place, in any of the 
 said Villagesor cause fire to bo so carried or convoyed wilhout liaviug tho 
 same confined in some copper, iron, or tin vef.^el, shall for every sncli 
 offence, incur a penally of two shillitigs and six-pence currency, and 
 for every subseqiionl ofl'ence of a like nature, a further penally of live 
 shillings currency. 
 
 Eighdily. Any person or persons who shall put or cause to be put or 
 
 filaced any hay, straw or fodtj^r, in any dwelling house, within the 
 imits of any of the said Villages, shall incur u penalty of five shillings 
 currency for the first ofTence, and a penally often shillings currency 
 for every week during which ho or she shall neglect lo remove the said 
 hay or straw from the said dwelling house. 
 
 Ninthly. All and every person or persons who shall keep or have gun- 
 
 Eowder for sale, in any of the saitl Villages, shall keep the same in 
 oxes of copper, tin or lead ; and for every omission or neglect so to do, 
 such person or persons shall incur a penalty of twenty shillings for the 
 first offence, and forty shillings for every subsequent oll'ence. 
 
 Tenthly. Any person or persons in any of the said villages, who shall 
 seller permit gun-powder lobe sold at night in his or their houses, 
 store-houses or shops, out-honse or other biiildin;.', shall on being thereof 
 convicted, incur a penalty of forty shillings currency for every first of- 
 fence, and of sixty shillings currency, for every subsequent offence. 
 
 Eleventhly. Any person or persons who shall in any of the said Villages 
 keep or deposit any ashes or cincTers of any kind, (ashes in the pos- 
 session of manufacturers of pot and pearl ashes excepted^) in any wood- 
 en vessel, box or other thing not lined or doubled with sheet iron, tin or 
 copper, so as to prevent all danger of fire or combustion from such ashes 
 or cinders, shall for every such offence incur a penally of five shillings 
 currency. 
 
 Twdfthly. Any person or persons who shall in any of the said Villages 
 place or deposit any quick or unslacked lime in any house, out- 
 house or building, so that such lime may be in contact with or touch 
 any wood thereof, whereby there may be any danger of fire or combus- 
 tion, shall for every such offence incur a penalty of five shillings cur- 
 rency, and^a further penalty of ten shillings currency, for each day 
 until such lime shall be removed or secured, lo the eali^fal!iion of such 
 Inspectiua: Trustee, and in such manner as not lo cause any danger of 
 accident by fire. 
 
 Thirteenthly. Any person who shall light a fire in any of the streets, 
 ■ lanes, or public places of any of the said Villages, shall for every such 
 offence incur a penalty of five shillings currency. 
 
 Entprlng ftrinln 
 pliice* Willi con- 
 illei. 4c. 
 
 LItflitlnKftrci 
 In H'ooilcn 
 liouici, Ue. 
 
 U»ln(j vcnrli for 
 conveying flie r 
 
 liny, Strnw, 
 &.C., In (Uvclllng 
 liou«ei I 
 
 Keeping of Gun- 
 powder i 
 
 Snie of Gun- 
 powder at iiiglitr 
 
 DepOBltof Ashes. 
 &c. 
 
 Cluick lime t 
 
 Lifshting fircB Irt 
 cuccts i 
 
20 
 
 INCORPORATED VILLAGES. 
 
 \,'M i 
 
 ^1 
 
 Mi I i 
 
 ChAreoal ftir- 
 nucei ; 
 
 Filth, Rubbisli, 
 tic. 
 
 Inhabitants of 
 Villnses iiien- 
 tionC'l ill Sche- 
 dule A. incor- 
 porated. 
 
 Corporate 
 powers. 
 
 Election of 
 Township Coun- 
 cillors, tec. 
 
 Election of a 
 Townreeve. 
 
 Appointment of 
 
 Returning 
 
 Pfflcer, 
 
 Case in which 
 the Govnrnor 
 may appoint a 
 Returning 
 Utlicer. 
 
 Pieces of lidding 
 election, nnrt 
 notice thereof. 
 
 Returning Offi- 
 cers to procure 
 copy of Collec- 
 tor's Roll. 
 
 Fourteenthly, No person or persons shall erect or cause to be erected 
 any furnace for making charcoal of wooti within the limits of any of the 
 said Viilaires, under a penalty of twenty shillings currency. 
 
 Fiftecntfdy. All and every person or persons who shall throw or cause 
 to be thrown any filth, rubbish or ordure, into any of the streets, lanes, 
 or public places within the limits of any of the said Villages, shall, for 
 every such offence, incur a penalty of two shillings and six pence cur- 
 rency and of five shillings currency for every week during which they shall 
 neglect to remove the same, after notification to that effect by the Inspect- 
 ing Trustee, or some other person authorized by him for that purpose. 
 
 IV. INCORPORATED VILLAGES. 
 
 LII. And be it enacted, That the inhabitants of every Village in 
 Upper Canada, mentioned in the Schedule to this Act annexed marked 
 A, and intituled, " Incorporated Villages," and the inhabitants of each 
 and every other Village, Hamlet or place which shall hereafter by Pro- 
 clamation under the Great Seal of this Province be erected into an 
 Incorporated Village in the manner prescribed by this Act, shall be a 
 Body Corporate apart from the Townsnip or Townships in which such 
 Village shall be situate, and as such shall have perpetual succession 
 and a Common Seal, with such powers within the limits of such Village 
 as are by this Act conferred upon the inhabitants of the different Town- 
 ships in Upper-Canada within the limits of such Townships respectively, 
 and the powers of such Corporation shall be exercised by, through, 
 and in the name of the Mnnicipalhy of such Village. 
 
 LIII. And be it enacted, That on the first Monday in January in each 
 year, and in case of Villages hereafter to be erected and incorporated by 
 Proclamation as aforesaid on the first Monday in January next after the 
 end of three calendar months from the teste of such Proclamation, and 
 on each succeeding first Monday in January thereafter, there shall be 
 held ctn election by voters qualified in like manner with the voters at 
 elections of Township Councillors, for five Councillors for each of 
 such Villages ; and a Townreeve for each of the said Villages shall be 
 thereafter elected from amongst the Councillors of such Village, in like 
 manner as Townreeves are appointed by this Act to be chosen or elected 
 for every Township as aforesaid. 
 
 LIV. And be it enacted, That in each of the said Villages which has 
 been heretofore incorporated, whether under the name of Town or 
 Village, or for which there have been Police Trustees appointed, the 
 Clerk of the Board of Police or Town Clerk, or the Inspecting Trustee, 
 as the case may be, shall be the Returning Officer for the first election 
 to beheld under this Act, and at each succeeding election the Village 
 Clerk of such Village, for the time being, shall be the Returning Officer. 
 
 LV. And be it enacted, That in case of an election in any Village 
 where there shall not have been a Clerk of the Board of Police or a 
 Town Clerk, or an Inspecting Police Trustee, or which shall not have 
 been before incorporated, it shall and may be lawful for the Governor of 
 this Province to appoint a Returning Officer to hold the first election for 
 such Village under this Act. 
 
 LVI. And be it enacted. That the Returning Officer for every such 
 Village shall appoint the pifice for holding such Village election, of 
 which ai'pointment he shall give notice, by posting the same at least 
 ten days before the election, in at least three public places in such 
 Village 
 
 LVII. And be it enacted. That it shall be the duty of the Returning 
 Officer, lor each of the said Villages, to procure a correct copy of the 
 Collector's Roll for such Village or of the Rolls for Rolls for the 
 
 i 
 
 « 
 
INCORPORATED VILLAGES. 
 
 21 
 
 3 be erected 
 of any of the 
 
 • 
 
 I row or cause 
 treats, lanes, 
 es, shall, for 
 X pence enr- 
 ich they shall 
 y the Inspecl- 
 ,at purpose. 
 
 sry Village in 
 nexed marked 
 jilants of each 
 reafter by Pro- 
 ected into an 
 Lct, shall be a 
 in which such 
 ual succession 
 jf such Village 
 lifferent Town- 
 is respectively, 
 id by, through, 
 
 January in each 
 incorporated by 
 y next after the 
 jclamation, and 
 [there shall be 
 th the voters at 
 jrs for each of 
 illages shall be 
 i^illage, in like 
 hosen or elected 
 
 ages which has 
 Ine of Town or 
 appointed, the 
 (ecling Trustee, 
 he first election 
 lion the Village 
 eturning Officer, 
 in any Village 
 of Police or a 
 sliall not have 
 fr the Governor of 
 first election for 
 
 • for every such 
 Age election, of 
 ke same at least 
 places in such 
 
 Lf the Returning 
 irect copy of the 
 tor Rolls for the 
 
 a 
 
 Township in which such Village is situate, so far as such Rolls 
 or either of them exhibit the names of the freeholders and householders 
 rated upon such Roll or Rolls wiihin the limits of such Village, with the 
 amounts for which they shall be respectivojy assessed upon such Roll 
 or Rolls, each of which said copies snail be verified in like manner as 
 the copies of Collectors' Rolls produced at the Township Elections, as 
 hereinbefore provided : Provided always, that no person shall be quali- 
 fied to he elected as a Village Councillor who shall not be possessed, to 
 his own use, of real estate held by him in fee or freehold, or for a term 
 of twenty-one years or rpwards, of which at least seven years remain 
 unexpired, situate within the Villasre for which he is elected, of the 
 assessed value of two hundred and fiifty pounds, or unless he shall be a 
 tenant from year to year, or for a terra of years, of all property within 
 such Village, at a bona fide rental of twenty pounds per annum or up- 
 wards, or shall be in the receipt of twenty pounds or upwards of yearly 
 rent or profit accruing from or out of real properly within such Village ; 
 and the male inhabitants being either freenolders or householders upon 
 such Roll or Rolls and resident at the time of the election, and who shall 
 appear in the said Roll or Rolls to have been assessed either as proprietor 
 or tenant for a house or houses, or for land or for both, to the value of 
 twelve pounds ten shillings currency, within the limits of such Village, 
 and none other, shall be 'jntitled to vote at such Village election. 
 
 LVIir. And be it enacted. That when and so often as any Police or 
 other Village Hamlet or place in Upper Canada not incorporated by name 
 under this Act, together with the immediate neighbourhood thereof, 
 shall be found by the Census Returns for the same to contain over one 
 thousand inhabitants whose residences are or shall be collected within a 
 convenient neighbourhood or proximity to each other, lo form an Incor- 
 porated Village, it shall and may be lawful for the Police Trustees of 
 such Village, if the same shall be a Police Village, or for any number 
 of resident freeholders or householders of sucli Village, Hamlet or place, 
 in case it shall have no Police Trustees, not less than one hundred, to 
 petition the Governor of this Province that such Village, Hamlet or place 
 may be erected into or set apa't as an Incorporated Village, and the 
 inhabitants thereof incorporated under this Act ; and upon such petition, 
 it shall be lawful for the Governor of this Province, by an Order in Coun- 
 cil, to issue a Proclamation under the Great Seal of this Province erecting 
 or setting apart such Village, Hamlet or place into or as an Incorpo- 
 rated Village, by a name to be given in and by such Proclamation, an.l 
 to set forth in such Proclamation proper boundaries for such Village, 
 including within such boundaries any portion of the Township or Town- 
 ships which, from the proximity of streets or buildings therein, may con- 
 veniently be attached to such Village, Hamlet or place, and when such 
 Villag3 shall have grown up on the confines of two or more Counties, 
 so as to lie partly within the limits of each, to annex the whole of such 
 Village as incorporated to some one of such Counties exclusively ; and 
 the inhabitants of such Village shall, on, from and after the first day of 
 January next after the end of three calendar months from the teste of 
 such Proclamation, be incorporated, and the said Village shall become, 
 an Incorporated Village apart from the Township or Townships in 
 which it is situate, and the first election foi such Village shall be held 
 in the manner hereinbefore prescribed on the first Monday in that 
 month, and such Village shall from thenceforth form a part of the Coun- 
 ty to which it shall have been so annexed as aforesaid, and shall be 
 subject to the same regulations and provisions of Law, and shall have 
 the same immunities and privileges as a Village named in the said 
 Schedule to this Act annexed marked A, as fully as if such Village had 
 been mentioned therein, 
 
 Proviso : wlio 
 may he elected 
 or vote na an 
 elector. 
 
 Provision with 
 respect to tlic 
 incorporation of 
 VillngOJin vvhicli 
 the populntion 
 fhall iiicrensc to 
 a certain number 
 
 Petition to tlie 
 Governor. 
 
 Action upon 
 ■ucb leiition. 
 
 Ineorpor.itlon 
 an I corporate 
 powen. 
 
■I' 
 
 I' 
 
 
 > ( 
 
 iiii ^i 
 
 n -v. 
 
 22 
 
 Duties and lin- 
 biliticfl of iMuni- 
 cipnlities of 
 iiicorpornied 
 Villniies to he 
 similar to tiiose 
 of Towiisliip 
 Municipalities. 
 
 VillaRe Municj. 
 palitiea niny also 
 make By-laws 
 for— 
 
 Openin?, &c., 
 roads, Jcc. 
 
 Provisn iia to 
 encroachinpnls 
 oji irivato pro- 
 perty of certain 
 kiiids. 
 
 Regulating High- 
 ways, &c. 
 
 Removing steps, 
 proJectionK, &c. 
 
 Fixing bonndary 
 lines of lliuh- 
 ways, &c. 
 
 Granting money 
 to Ujuntics by 
 
 INCOEPORATED VILLAGES. 
 
 LIX. And be it enacted, That the Municipality of every such Village 
 shall be fornned in like manner as tho Municipality of any Township, 
 and shall have all such powers, duties and liabilities within and in res- 
 pect of such Village as the Municipality of any Township shall have in 
 respect of such Township, and the Town reeve of every such Villaj];e, 
 antl the other Officers thereof, shall have like powers,dutiesand liabili- 
 ties within and in respect thereof as the Townreeve or other Officers of 
 any Township shall have within and in respect of such Township, and 
 the Townreeve of each of such Villages shall be a Member of the Mu- 
 nicipal Council of the County in which the same is situated. 
 
 LX. And be it enacted, That the Municipality of each Village, which 
 shall be or remain incorporated under the authority of this Act, shall 
 moreover have power and authority to make By-laws for each or any of 
 the following purposes, that is to say : 
 
 Firstly. For the opening, constructing, making, levelling pitching, 
 raising, lowering, gravelling, macadamizing, planking, paving, flag- 
 ging, repairing, planting, improving, preserving and maintaining any 
 new or existing highway, load, street, square, sicle-walk, crossing, alley, 
 lane, bridge or other communication, or any public wharf, dock, slip, 
 drain, sewer, shore, bay, harbour, river or water and the shores and 
 banks thereof within the jurisdiction of the Coiporation of such Village, 
 and for the entering iiiio, performing and executing any arrangement or 
 agreement with the Municipal Corporation of the County or Counties in 
 which such Village may lie for the execution of any such work at the 
 joint expense and for the joint benefit of the Municipal Corporations of 
 such County or Counties, and of such Viitage and the people they repre- 
 sent ; and for the stopping up, pulling down, widening, altering, chan- 
 ging or diverting of any such highway, road, street, bridge, or commii- 
 nication within the same : Provided always, nevertheless, that no such 
 new, widened,altered, changed or diverted highway, road, street, side- 
 walk, crossing, alley, lane, bridge, or other communication, shall be 
 laid out so as to run through or encroach upon any dwelling house, barn, 
 stable, or out house, or any orchard, garden, yard or pleasure ground, 
 without the consent in writing of the owner thereof. 
 
 Secondly. For regulating or preventing the encumbering, injuring or 
 fouling of any such highway, road, street, square, side-walk, crossing, 
 alley, lane, bridge or other con^munication, and of any such wharf, 
 dock, slip, drain, sewer and shore, bay, harbour, rivev or water by any 
 animals, wheel-barrows, cabs, carls, carriages or other vehicles, ves- 
 sels, craft, lumber, stone, building or other materials or things whatso- 
 ever, or in any other manner whatsoever. 
 
 2\irdly. For directing and requiring the removal at any time of any 
 door-steps, porches, railings or other erections, projections or obstructions 
 whatsover which may project into or tjver the boundary lines of any 
 such highway, road, street, square, sidewalk, crossing, alley, lane, 
 bridge or other communication, or of anj' such wharf, doclc, slip, drain, 
 sewer, shore, bay, harbour, river and water, or the shores and banks 
 thereof, at the expense of the proprietor or occupant of the real properly 
 in or near which such projection or obstruction may be found. 
 
 Fourthly. For surveying, by competent persons, and fixing, marking, 
 determining and settling the boundaiy lines of such highways, roads, 
 streets, squares, alleys, lanes, bridges or other communications, and of 
 all such public wharves, docks and slips, for giving names to the same, 
 and affixing such names on boards or otherwise on the houses at the 
 corners of the same. 
 
 Fifthly. For granting to the County or Counties in which such Village 
 ahall be situate, by way of loan, or otherwise, such sum or sums of 
 
INCORPORATED VILLAGES. 
 
 23 
 
 y such Village 
 iny Township, 
 lin and in res- 
 p shall have in 
 such Village, 
 iesand liabili- 
 Iher Officers of 
 Township, and 
 bar of the Mu- 
 ted. 
 
 Village, which 
 this Act, shall 
 • each Of any of 
 
 flag- 
 
 illing pitching 
 r, paving, " 
 laiutaining any 
 , crossing, alley, 
 larf, dock, slip, 
 
 the shores and 
 of such Village, 
 
 arrangement or 
 y or Counties in 
 uch work at the 
 
 Corporations of 
 jople they repre- 
 , altering, chan- 
 idge, or commii- 
 3ss, thai no such 
 jad, street, side- 
 icatipn, shall be 
 ling house, barn, 
 jleasure ground, 
 
 ring, injuring or 
 
 walk, crossing, 
 
 iny such wharf, 
 
 or water by any 
 
 vehicles, ves- 
 
 things whatso- 
 
 any time of any 
 ns or obstructions 
 lary lines of any 
 iiigj, alley, lane, 
 oclc, slip, drain, 
 lores and banks 
 the real properly 
 found. 
 
 fixing, marking, 
 lighways, roads, 
 inications, and of 
 mes to the same, 
 e houses at the 
 
 lich such Village 
 sum or sums of 
 
 loan or other- 
 
 WiF?. 
 
 Regulating 
 marketi, fce. 
 
 Forefitnlling or 
 inonoi>oiy, &:c 
 
 VVeigliU and 
 Measurea. 
 
 money, in aid of such other moneys as may be raised by the Municipal 
 Corporation of such County or Counties, or by voluntary subscrip- 
 tiotis, for or towards the making, opening, or erecting of any new road 
 or bridge on the bounds of sucli Viilage« 
 
 Sxthly. For regulating and managing any existing market, and for 
 establishing, regulating, and managing any new market, for preventing 
 the selling or vending by retail in the public highways arry meat, vege- 
 tables, fruit, cider, beer or other beverage whatsoever ; for regulating 
 the place and manner of sellinsr and weighing butchers' meat, hay, 
 straw, fodder, wood, lumber and fish ; for restraining and regulating the 
 purchase and manner of selling all vegetables, fruit, country produce, 
 poultry, and all other articles or things, or animals exposed for sale, or 
 marketed in the open air; for preventing the forestalling, lograting or 
 monopoly of market grains, meats, fish, fruit«, roots and vegetables; for 
 restraining and regulating the purchase of any such things by hucksters 
 or runners living within such Village or within one inile distant from 
 the outer limits thereof; for regulating the measureme length and 
 weight of coal, lime, shingles, laths, cordwood ami 'il' r fuel ; and for 
 imposing penalties for light weight, or short count or measurement in 
 • any thing marketed ; for appointing Inspectors for regulating weights 
 and measures in the markets, and within such Village according to the 
 lawful Standard, and for visiting ail places where a weights and meas- 
 urefi, steelyards or weighing machines of any description are used 
 within such Village, and for seiiring and destroying such as are not accord- 
 ing to such Standard ; and for imposing and enforcing the collection of 
 penalties upon any person or persons therein who shall be found in the 
 ,$ possession of unstamped or unjust weights, measures, steelyards or other 
 f weighing machines, for regulating all vehicles, vessels and other things 
 in which any thing may be exposed for sale or marketed in any high- 
 way, street or public place, and for imposing a reasonable charge or 
 duty thereon, and establishing the mode in which it shall be paid ; for 
 jeizing and destroying all tainted aud unwholesome meat, poultry, fish, 
 or articles of food ; and for distraining butchers' meat for the rent of 
 market stalls, and for selling the same after sir. hours' notice. 
 
 Seventhly. For regulating any harbour lying within the limits of such 
 Village, and the vessels, crafts and rafts arriving in it ; for imposing and 
 collecting such reasonable harbour dues thereon as may serve to keep 
 such harbour in good order, and provide for the payment of a Harbour 
 Master, and the erection and maintenance of the necessary beacons 
 therein ; for regulating and providing for the erection and rent of wharves, 
 piers and docks in the said harbour, and far preventing the filling up or 
 encumbering of any sueh harbour. 
 
 Eighthly. For regulating the assize of bread, and preventing the use 
 of deleterious materials in the making thereof: and for providing for 
 the seizure and forfeiture of bread baked contrary thereto. 
 
 " Ninthly. For enforcing the due observance of the Sabbath; for pre- Observance of 
 venting vice, drunkenness, profane swearing, obscene language, and Sniiimtii, pre- 
 Iny other species of immorality and indecency in the streets or other ^"""'S*'"* ''• 
 public places, and for preserving peace and good order ; fur preventing 
 the excessive beating or cruel and inhuman treatment of animals on the J^aill'^'° *"*' 
 public highways of such Village ; for preventing the sale of any intoxi- 
 . eating drink to children, apprentices or servants without the consent of 
 their legal protectors ; for suppressing and imposing penalties on the 
 .keepers of low tippling houses and houses of ill fame visited by disso- 
 vilute and disorderly characters ; for licensing and regulating victualling 
 i^iouses or other houses of refreshment where spirituous liquors are not 
 Isold ; for the regulation of all public billiard tables, and for licensing 
 
 Vehicle!. 
 
 Unwlio!c«omo 
 meats. 
 
 Regulating har- 
 bours, &.C. 
 
 Harlwur dues, 
 Beacons, Ste. 
 
 Wharves, itc. 
 
 Assize of bread. 
 
 Tippling houses, 
 ice. 
 
 Victualling 
 
 llOUSl'S &c. 
 
W\X'XKatKXtV 
 
 ! , 
 
 24 
 
 Rainhlliig. 
 
 Vagrancy. 
 Exhibitions. 
 
 Public nuisances 
 ftc. 
 
 i;«eof Firearms. 
 Battling. 
 Charivnries, &c. 
 
 Obscene lang- 
 uage, &.C. 
 
 Loclc-up lioiisea, 
 Stc. 
 
 Public fountains, 
 &c 
 
 Gunpowder, Ice. 
 
 Kire in certain 
 places. 
 
 Aiiliei. 
 
 <;jiiiniiiee. 
 
 INCORPORATED VILLAGES. 
 
 regulating or preventing bowling alleys or other places of amusement ; 
 for regulating or preventing, restraining or suppressing horse-racing and 
 gambling houses, and for entering into them and seizing and destroying 
 faro-banks, rouge-et-noir, and roulette-tables, and other devices for 
 gambling ; for restraining and punishing all vagrants, drunkards, vaga- 
 bonds, mendicants and street beggars, and all persons found drunk or 
 disorderly in any street or public place in such Village ; for restraining 
 or regulating the licensing of all exhibitions of natural or artificial 
 curiosities, theatres, circuses, or other shows or exhibhions kept for hire 
 or profit. 
 
 Tenthly. For abating and causing to be removed all public nuisances ; 
 for regulating the construction of privy vaults ; for causing vacant lots 
 in central situations when they become nuisances to be properly 
 enclosed ; for regulating or preventing the erection or continuance of 
 slaughter houses, gas works, tanneries, distilleries or other manufactories 
 or trades which may prove to be nuisances ; for preventing the ringing 
 of bells, blowing of horns, shouting and other unusual noises in the 
 streets and public places; for preventing or regulating the firing of 
 guns or other fire arms ; for preventing or regulating the firing or setting 
 off of fire balls, squibs, crackers or fii-e-works ; for preventing or regu- 
 lating the washing or bathing in any public water in or near such Vil- 
 lage ; for preventing and punishing parties engaged in charivaries and 
 other like disturbances of the peace ; for preventing any indecent public 
 exposure of the person, or other indecent exhibition whatsoever ; for 
 preventing profane swearing and the use of blasjihemous, obscene or 
 indelicate language. 
 
 Eleventhly, For establishing, maintaining and regulating one or more 
 public lock-up-houses in and for such Village for the detention and im- 
 prisonment of all persons sentenced to an imprisonment of not more 
 than ten days, under any of the By-laws of such Village, and of all 
 other per8on.s lawfully detained in custody for examination before a 
 Justice of the Peace or other competent authority on any charge of hav- 
 injr committed any offence against the Law or the By-laws of such 
 Village, or detained for the purpose of his transmission to any common 
 gaol or house of correction upon commitment or otherwise either for trial 
 or in the execution of any sentence that may have been passed upon 
 him, either by a Justice of the Peace or other competent authority in 
 that behalf. 
 
 Twclfthly. For the establishing, protecting and regulating of public 
 fountains, wells, pumps, cisterns, reservoirs and other aonveniences for 
 the supply of good and wholesome water or for the extinguishment of 
 fires, and to make reasonable charge for the use thereof; and for pre- 
 venting the waste and fouling of public water. 
 
 Thirteenthly. For regulating the keeping and transporting of gun- 
 powder and other combustible or dangerous materials ; and for erecting, 
 regulating and providing for the support by fees of a Village Magazine 
 for the storing of gunpowder belonging to private parlies, and for com- 
 pelling persons to store therein ; for preventing or regulating the use of 
 fire, lights, or candles in livery or other stables, cabinet-makers and 
 carpenters' shops, and combustible places ; for preventing or regulating 
 the carrying on of manufactories or trades dangerous in causing or pro- 
 moting fire ; and for regulating the mode of removal and requiring the 
 safe keeping of ashes in proper deposits ; for regulating, removing or 
 preventing the ccfnstruction of any chimney, flue, fire-place, stove, oven, 
 boiler or other apparatus or thing in any house, manufactory or business 
 which may be dangerous in causing or promoting fire ; for regulating 
 the construction of chimnies as to the dimensions and thickness, ami 
 
INCORPORATED VILLAGES. 
 
 25 
 
 f amusement ; 
 trse-racing and 
 and destroying 
 ,er devices for 
 unkards, vaga- 
 oLUid drunk or 
 for restraining 
 ral or artificial 
 ns kept for hire 
 
 iblic nuisances ; 
 ing vacant lots 
 ;o be properly 
 • continuance of 
 !r manufactories 
 ing the ringing 
 il noises in the 
 ig the firing of 
 3 firing or setting 
 irenting or regu- 
 near such Vil- 
 cbarivaries and 
 ^ indecent public 
 whatsoever; for 
 ions, obscene or 
 
 ting one or more 
 
 etention and im- 
 
 nent of not more 
 
 lage, and of all 
 
 tiriation before a 
 
 ly charge of hav- 
 
 Jy-la\vs of such 
 
 to any common 
 
 ise either for trial 
 
 een passed upon 
 
 tent authorhy in 
 
 at ing of public 
 onveniences for 
 xtinguishnient of 
 and for pre- 
 
 isporting of gun- 
 and for erecting, 
 tillage Magazine 
 es, and for com- 
 aling the use of 
 inet-makers and 
 ling or regulating 
 iu causing or pro- 
 ind requiring the 
 rig, removing or 
 ace, stove, oven, 
 ctory or business 
 for regulating 
 thickness, and 
 
 the carrying of the same to a proper height above the roofs of buildings, 
 and for enforcing the proper sweeping or cleaning of the same by licensed 
 or other chimney sweepers ; for guarding against the calamities of lire 
 by regulating and enforcing the erection of party walls; for compelling 
 the owners and occupants of houses to have scuttles in the roofs, and 
 stairs and ladders leading to the same, and for authorizing the OfRcer to 
 be appointed for that purpose to enter at all reasonable times or hours 
 upon the property of any party subject to such regulations for the pur- 
 pose of ascertaining that the same are properly obeyed ; for requiring 
 the inhabitants of such Village to provide so many fire-buckets, in such 
 manner and time as they shall prescribe, and for regulating the exami- 
 nation of them and the use of them 5»t fires ; for regulating the conduct 
 and enforcing the assistance of the inhabitants present at fires, and the 
 preservation of property thereat ; for making regulations for the sup- 
 pression of fires and the pulling down or demolishing of adjacent houses, 
 buildings or other erectionsfor that purpose ; for purchasing and establish- 
 ing and regulating Fire, Hook, Ladder and Property Saving Companies ; 
 for providing medals or rewards for persons who shall distinguish 
 themselves at fires, and for assisting the widows and orphans of persons 
 who may be killed by accidents occurring at suctf fires. 
 
 Fourteenthly. For entering into and examining all dwelling houses, 
 warehouses, shops, yards and outhouses, for ascertaining whether any such 
 
 {>1aces are in a dangerous state, with respect to fire or otherwise, and 
 or directing ihem to be put in a safe and secure condition ; for appoint- 
 ing fire wardens and fire engineers; for appointing and removing 
 firemen ; for making such rules and regulations as may be thought expe- 
 dient for the conduct of such Fire Companies, Hook and Ladder Compa- 
 jiies and Property Savin" Companies as may be raised with the sanction 
 tof the Corporation of such Village. 
 
 ■ Fifteenthly. For providing for the health of the village and against 
 Ihe spreading of the contagious or infectious diseases ; for regulating 
 the interment of the dead, and for directing the returning and keeping 
 of bills of mortality ; and for imposing penalties on physicians, 
 sextons and others for default in the premises; and for providing and 
 regulating one or more Public Cemeteries for the interment of the dead. 
 
 Sixleenthly. For laying out, improving and regulating any Public Ce- 
 metery for the burial of the dead that they may obtain and establish for 
 such Village, and for selling or leasing such portions thereof as they 
 may think proper, and for declaring in the conveyance thereof to the 
 purchasers or lessees, the terms on which such portions are to be held, 
 ind for making such other regulations for the improvement, ornament 
 ind protection of such Cemetery as they may think necessary and proper. 
 ^' Seventeenthly. For preventing the immoderate riding or driving of 
 ktorses or cattle in any of the public highways or streets of such Village; 
 nd for preventing the leading, riding or driving of horses or cattle upon the 
 rtde-walks of the streets of such Village, or other improper places therein. 
 
 Eighteenthly. For regulating or preventing the fishing with nets or 
 seines, the use of fishing lights, or the erection or use of weirs for eels or 
 other fish in any harbour, river or public water within the limits of the 
 JHrisdiction of the Corporation of such Village. 
 
 Nineteenthly. For regulating inns, taverns, ale houses, victualling 
 houses, ordinaries and all houses where fruit, oysters, clams, victuals or 
 spirituous liquors, or any other manufactured beverage may be sold, to be 
 
 ?.ten or drank therein, and all other places for the reception and enter- 
 inment of the public within the jurisdiction of the Corporation of 
 foh Village, and to limit the number of them, and in all cases when 
 ere exists no other provision by law for the licensing of such houses 
 
 Party wolln. 
 Ladderi. 
 
 Fire Bucketi, 
 
 Fire Companies. 
 
 Exnminini; 
 (Iwclllntr liouteii, 
 &c., Willi respect 
 to danger from 
 fire. 
 
 Health of the 
 Village, &c. 
 
 Bills of mor- 
 tality, &c. 
 
 Public Cemete- 
 ries, &c. 
 
 Immodcraio 
 driving &c. 
 
 Fishing with 
 nets, &c. 
 
 Inns, Taverns, 
 Sec. 
 
 Licensing In 
 certain canei. 
 
2G 
 
 INCORPORATED TOWNS. 
 
 i," 
 
 Injuring of 
 'i'reen, &c. 
 
 Borrowing 
 nioiieyt. 
 
 LevyiMjc 
 moneys. 
 
 By-laws for car- 
 rying tlieir Cor- 
 poraie powers 
 into exfcuiion. 
 
 General provi- 
 Hioii as to By- 
 laws. 
 
 Proviso as to 
 fiurs. 
 
 Proviso 
 
 Rcpealins or 
 
 nnicnilin; 
 
 By-laws. 
 
 Inliahitants of 
 towns mentioned 
 in Schedule U, 
 tic, incorpo- 
 rated. 
 
 Corporate 
 powers. 
 
 Hov' exercised. 
 
 Three Council- 
 lors to be chosen 
 for every Ward. 
 
 Election when to 
 take place. 
 
 Appointment of 
 
 Rpiurnicg 
 
 Officer. 
 
 to provide for the proper licensing of the same, at such rates as to the 
 Corporation of such Village may seem expedient, the proceeds of such 
 ]iuent*e, in eases not otherwise appropripted by law, to form part of the 
 public funds of such Village, aim to be disposed of as the saitl Corpora- 
 tion may consider advisable. 
 
 TwenlictJdy. For preventing the injuring or destroying of trees plant- 
 ed or growing for shade or ornament in such Village, anil for preventing 
 the pulling down or defacing of sign boards. 
 
 Twenty-fir slly. For borrowing under the restrictions, and upon the 
 security hereinafter mentioned, all such sums of money as shall or may 
 be necessary for the execution of any village work within the jurisdic- 
 tion and the scope of the authority by this Act conferred upon them. 
 
 Twenty-secondly. For raising, levying and appropriating such 
 moneys as may be required for all or any of the purposes aforesaid, by 
 means of a rate or rales to be assessed equally on the whole rateable 
 property of such Village, according to any law which shall be in force 
 in Upper Canada, concerning rates and assessments. 
 
 Twenhj-thirdly. For making all such other By-laws as may be ne- 
 necessary and proper for carrying into execution the powers herein ves- 
 ted or hereaftt • to be vested in the Corporation of such Village, or in any 
 Department or Oftice thereof, for the peace, welfare, safety and gaod 
 government of such Village, as they may from time to time deem expe- 
 dient, such By-laws not being repugnant to this or any other Act of the 
 Parliament of this Province or of the Parliament of Upper-Canada, or 
 to the general laws of that part of this Province : Provided always, 
 1 evertheless, firstly, that no person shall be subject to be fined more 
 than five pounds, exclusive of costs, or to be imprisoned more than thirty 
 days for the breach of any By-law or regulation of such Village : And 
 provided also, secondly, that no person shall be compelled to pay a 
 greater fine than ten pounds for refusing or neglecting to perform the 
 duties of any Municipal office when duly elected or appointed thereto. 
 
 Twenty-Jourthly. For the repeal, alteration or amendment from time 
 to time ot all oranyofsuch By-laws and the making others in lieu thereof 
 as to them may seem expedient for the good of the inhabitants of such 
 Village. 
 
 V. TOWNS. 
 
 LXI. And be it enacted, That the inhabitants of each of the Towns 
 mentioned in the Schedule to this Act anne.xed marked B, and intituled, 
 "Towns," and the inhabitants of all such Villages in Upper Canada as 
 shall be erected into Towns by and under any Proclamation to be issued 
 in that behalf under this Act, shall severally be a Boily Corporate, with 
 the same Corporate powers as the inhabitants of Villages incorporated 
 under this Act, ^xcept in so far as such powers may be hereby increased, 
 lessened or otherwise modified ; and such powers shall be exercised by, 
 through and in the name of the Town Council of each of such Towns 
 respectively. 
 
 LXII. And be it enacted, That for every Ward within the limits of jrated ur 
 any such Town, there shall be chosen <hree Councillors by the male ryv 
 resident freeholders and householders of such Ward. of p 
 
 LXdI. And be it enacted, That the elections for each of the said e#<sry isi 
 W^ards shall take place on the first Monday in January in each year. Cdtirt H 
 
 LIV. And be it enacted, That the Municipality, Town Council or Ctenty, 
 Board of Police in office in each of the said Towns or Villages when BiSiise o 
 this Act shall come into force, or who .shall be in office when the Pro- dv(iy disi 
 olamation shall issue, erecting such Village into a Town as aforesaid, <>r luthoi 
 
 K!!33SSlWBWff?==^ 
 
INCORPORATED TOWNS. 
 
 27 
 
 sh rates as to the 
 proceeds of such 
 ) form part of the 
 ihe said Corpora- 
 
 ingt of trees plant- 
 md for preventing 
 
 IS, and upon the 
 sy as shall or may 
 ithin the jurisdic- 
 erred upon them, 
 iproprialiiig such 
 OSes aforesaid, by 
 he whole rateable 
 li shall be in force 
 
 ws as may be ne- 
 jowers herein ves- 
 ti Village, or in any 
 3, safety and good 
 ;o lime deem expe- 
 ly other Act of the 
 Upper-Canada, or 
 Provided always, 
 it to be fined more 
 led more than thirty 
 such Village: And 
 ompelled to pay a 
 ling to perform ihe 
 • appointed thereto, 
 endmentfrom time 
 thers in lieu thereof 
 inhabitants of such 
 
 each of the Towns 
 ed B, and intituled, 
 I Upper Canada as 
 imation to be issued 
 idy Corporate, whh 
 lages incorporated 
 le hereby increased, 
 all be exercised by, 
 ,ch of such Towns 
 
 within the limits of 
 jillors by the male 
 
 ar 
 
 each of the said 
 ,ry in each year. 
 Town Council or 
 or Villages when 
 ice when the Pro- 
 Town as aforesaid, 
 
 hall appoint a Returning Offioer for each Ward, lo held the first election 
 "therein ; and such Returning Officer shall fix the place for ilie f.nid 
 •lection, and give notice thereof by posiing the same in at least three 
 
 fublic places within his Ward, at least ten days next before Ihe election ; 
 nd that on the first Monday in January in every succeeding year, a like 
 •lection shall be held, and the Returning Olficers and places within 
 •ach Ward for such elections shall be chosen and appointed by the Town 
 Council in office next before such election, and public notice shall in 
 like manner be given by such Returning Officer of the i)lace of holding 
 such election. 
 
 LXV. And be it enacted, That it shall be the duty of any person 
 having custody of the Collector's Roll, including any Ward or poition of 
 a Ward of any such Town, to furnish to the Returning Officer, and it 
 ^all be the duty of each Returning Officer, at itfp.st twenty days before 
 any such election, to procure from such Officer having cnsto(fy of the 
 Collector's Roll or Rolls as aforesaid, a true copy thereof, so far as the 
 agtne shall contain the names of the freeholders and householders within 
 tile Ward of such Returning Officer, wiih the amount for which they are 
 WBpectively assessed upon such Roll, and every of which said copies 
 shall be verified in like manner as the copies of the Collector's Rolls to 
 be procured at the Township elections as hereinbefore provided: Pro- 
 vided always, that no person shall be qualified to be elected at such 
 Action, who shall not be seized to his own use of real estate held by 
 Wtn, in fee simple or in freehold, or for a term of twenty-one years or 
 »wards, 9f which at least seven years remain unexpired, within the 
 ^wn for which he is elected, of the assessed value of three hundred 
 pounds, or unless he shall be a tenant from year to year or for a term of 
 ytars, of real property, within such town, at a bona fide rental of forty 
 pounds per annum or upwards, or shall be in the receipt of forty pounds 
 
 fOT upwards of yearly rent or profit, accruing from or out of real property 
 within such Town; and the Councillors aforesaid shall be chosen by 
 B male inhabitants, being either freeholders or householders, who shall 
 entered on such Roll, and who shall continue to reside within such 
 ard at the time of the election, and who shall appear upon the said 
 II to have been assessed either as proprietors or tenants for a house or 
 land, or for both, to the value of twenty-five pounds, and by none 
 er. 
 
 XiXVr. And' be it enacted, That on the second Monday next after i..e 
 safid yearly election, the Councillors so elected in any Town shall meet 
 aD4 choose from amongst themselves a Mayor for such Town, who shall 
 hl^e the same powers within such Town as are hereinbefore vested in 
 ljl|f Townreeve of a Village ; and the Mayor and Councillors shall form 
 th^ Council of such Town ; and the said first meeting shall be held at 
 tlyifeplace where the Municipality, Board of Police or Town Council for 
 ax^ Town shall have held their usual meetings. 
 
 |»XVII. And be it enacted, That the Council for such Town shall 
 hare all and singular the powers, duties and liabilities within and in 
 respect of such Town which the Municipality of any Village incorpo- 
 rated under this Act may or can lawfully use or exercise therein. 
 
 LXVIII. And be it enacted, That t^e Gaol, Court House, and House 
 of Correction of the County within the limits or on the borders of which 
 e^ry such Town shall be situate, shall be and continue to be the Gaol, 
 €J(Mirt House and House of Correction of such Town as well as of such 
 Cttinty, and the Sheriff, Gaoler and Keeper of such County Gaol and 
 ""ise of Correction, shall be bound to receive and safely keep, until 
 
 ^ discharged, all persons committed thereto by any competent power 
 
 mthority of such Town. 
 
 Place of election 
 to Ui tlxcil. 
 
 Election! to bo 
 livlil yearly. 
 
 Copy of Collec- 
 tor's roll I0t)0 
 furnlstiert to Re- 
 turning Officer. 
 
 Aitcttation of 
 such copy. 
 
 Proviso : who 
 inny lie elected 
 or vote as 
 electors. 
 
 Election of 
 Mayor. 
 
 Town Council 
 constituted. 
 
 Meetings. 
 
 Powers, &c., of 
 Town Council. 
 
 Provision witli 
 respect to G.nol, 
 Court House, 
 &c. 
 
28 
 
 ■ I 
 
 II 
 
 
 ^f 
 
 ) -4 
 
 A Pol ice Office 
 
 C!ltahli^llC(l ill 
 
 eacli Town : 
 when the Mnyor 
 ■liall preside lil it- 
 
 TrovlHO n» to 
 holy-iiays. 
 
 Proviio with 
 Icnve of the 
 Mayor, another 
 Magistrate may 
 ■it. 
 
 AppointmeMt of 
 Police Magis- 
 trates. 
 
 Salary. 
 
 Proviso : Police 
 Mngistrnte not to 
 Ire appointed 
 except upon 
 petition of tlic 
 Cor|X)rntion. 
 
 Police Magis- 
 trate may sus- 
 pend Chief 
 (7onstnlle. 
 
 Proviso ti9 to 
 tempor.Try Chief 
 Constable. 
 
 OITencea against 
 By-laws, &c., 
 may lio prose- 
 cu(pd before 
 Police Magis- 
 trate or Mayor. 
 
 IN'CORPORATED TOWNS. 
 
 LXIX. Antl bo it enacted, That there shall be in each of such Towns 
 a Police Oflice, at which it shall be the duty of the Police Magistrate 
 for such Town, or in his absence fiom sickness or other causes, or when 
 there shall be no Police Magistrate for such Town, then it shall be the 
 duty of the Mayor thereof to attend daily, or at such times and for such 
 
 Eeriod as shall be necessary for the disposal of the business to be brought 
 efore him as a Justice of the Peace for such Town : Provided always, 
 firstly, that no such attendance shall be required on Sunday, Christmas- 
 day or Good Friday, or on any day appointed by Proclamation for a 
 Public Fast or Thanksgiving, unless in cases of urgent necessity ; And 
 provided also, secondly, that it shall and may be lawful for any Justice 
 of the Peace naving jurisdiction within such Town, at the request of the 
 Mayor thereof, to sit for such Mayor at such Police Office, in every of 
 which cases the required attendance of the said Mayor at such Police 
 Office shall be dispensed with. 
 
 LXX. Anil be it enacted, That the Police Magistrates for the several 
 Towns which shall be or remain incorporated as such under this Act 
 shall be appointed by ihe Crown durinc pleast^re ; and every such 
 Police Magistrate shall be ex officio a Justice of the Peace in and for the 
 Town for which he shall be appointed, and in and for the County within 
 or on the borders of which such Town shall lie, and shall receive a 
 salary of not less than one hundred pounds per annum, payable quarterly 
 out of the Municipal funds of such Town : Provided always, never- 
 theless, that a Police Magistrate shall not in the first instance be 
 appointed for any of such Towns, until the Corporation of such Town shall 
 have communicated to the Governor-General of this Province, through 
 the Provincial Secretary thereof, their opinion that such an Officer was 
 required for the belter conduct of the affairs of such Town and adminis- 
 tration of justice therein. 
 
 LXXI. And be it enacted. That every such Police Magistrate shall 
 liave ihe power of suspending from the duties of his ofRce any Chief 
 Constable or Constable of the Town of which he is the Police Magistrate 
 for any period in his discretion, and that immediately after such sus- 
 pension, he shall report the same, with the cause thereof, if he deem 
 such Chief Constable or Constable deserving of dismissal for the cause 
 of such suspension, to the Town Council of such Town, and the Town 
 Council thereof shall thereupon in their discretion dismiss such Chief 
 Constable or Constable, or direct that he shall be restored to the duties 
 of his office after the period of such suspension shall have expired, and 
 during such suspension no such Chief Constable or Constable shall be 
 capable of acting in his said office except by the express permission of the 
 Police Magistrate of such Town in writing, nor shall such Chief Constable 
 or Constable be entitled to any salary ot remuneration for the period o; 
 such suspension : Provided always, that it shall be in the power of suet 
 Police Magistrate to appoint some fit and proper person to act as Chie: 
 Constable or Constable during the period of such suspension of any Chie: 
 Constable or Constable as aforesaid. 
 
 LXXII. And be it enacted. That all offences against the By-laws o: 
 any of the said Towns, and all penalties for refusal to accept or bt 
 sworn into office in such Towns, and all other offences over which ons 
 or more Justices of the Peace have or shall have jurisdiction, committei 
 within any such Town, may be prosecuted and sued for, tried ami 
 recovered before the Police Magistrate of such Town, or when there shal. 
 be no Police Magistrate in sucn Town, then before the Mayor of sucl 
 Town, such Police Magistrate or Mayor, as the case may be, acting, 
 either alone or assisted by one or more Justices of the Peace for suet 
 Town, as the case may require ; and such Police Magistrate shall a 
 
 officio 1 
 
 ' and thi 
 
 in and 
 
 LXJ 
 
 the sail 
 perforr 
 appert: 
 Act of 
 such pi 
 
 LXX 
 
 Towns 
 of this 
 Ward 
 pleasur 
 dismiss 
 
 LXX 
 
 be con! 
 appoint 
 Peace f 
 
 LXX 
 
 nate Ofl 
 
 Maglstr 
 such To 
 
 LXX^ 
 
 Town C 
 selves c 
 resident 
 then als< 
 of the M 
 
 LXX^ 
 
 said Tov 
 Ward of 
 collect ti 
 Colleclo 
 duties ii 
 that nom 
 fiuch offi 
 
 J)ointed f 
 or the y 
 bounds i 
 
 ' LXXI 
 |n Upper 
 |ts limits 
 the Mun 
 Governoi 
 Onder tin 
 and inch 
 or Towns 
 of streets 
 Town an 
 loundari 
 |nd none 
 Ind such 
 le mont 
 ie teste 
 suhjec 
 
 KP!^PE5? 
 
INCORPORATED TOWNS, 
 
 29 
 
 1 of such Towns 
 ilice Magistrate 
 causes, or when 
 I it shall be the 
 \ea and for such 
 388 to be brought 
 rovuleil always, 
 ilay, Christmas- 
 iclatnation for a 
 necessity ; And 
 1 for any Justice 
 he request of the 
 [Rce, in every of 
 ir at such Police 
 
 3s for the several 
 L under this Act 
 and every such 
 ace in and for the 
 he County within 
 shall receive a 
 layable quarterly 
 1 always, never- 
 first instance be 
 ifsuch Town shall 
 Province, through 
 3h an Officer vyas 
 )wn and adminis- 
 
 Magistrate shall 
 office any Chief 
 Police Magistrate 
 ly after such sua- 
 ereof, if he deem 
 ssal for the cause 
 rn, and the Town 
 smiss such Chiel' 
 tored to the duties 
 lave expired, and 
 lonstable shall be 
 ;9 permission of the 
 ,h Chief Constable 
 n for the period o 
 the power of aucl 
 on to act as Chie; 
 jnsionofany Chie: 
 
 ist the By-laws c 
 al to accept or bt 
 ;s over which oni 
 diction, committei 
 ued for, tried arii 
 )r when there shal. 
 he Mayor of suet. 
 36 may be, acting 
 he Peace for suck 
 lagistrate shall e: 
 
 officio be a Justice of the Peaco for such Town, and it shall be his duly ite shall be a 
 and that of the Justices for such Town to be the conservators of the peace ^- ^• 
 in and for the same. 
 
 LXXIII. And be it enacted, That the Clerks o*" the Town Councils of 
 the said Towns shall be Clerks of the Police Offices of such Towiis,and 
 perform the same duties and receive the same err I'lents as now 
 appertain to Clerks of Justices oflhe Peace in Uppei Canada, unless by 
 Act of ttje Town Councils of such Town anollier Officer be appointed for" 
 such purpose. 
 
 LXXIV. And be it enacted. That there shall be in and for each oflhe Appointment of 
 Towns which shall be or remain incorporated as such under the authority V'''"-''.'^°"';''r'*'*' 
 of this Act, one Chief Constable, and one or more Constables for each 
 Ward of such Town, who shall respectively hold their offices during the 
 pleasure oflhe Town Council, hut shall be liable to be suspended and 
 dismissed as hereinbefore provided. 
 
 LXXV. And be it enacted, That nothing in this Act contained shall 
 be construed to limit the power of the Governor of this Province to 
 appoint under the Great Seal thereof, any number of Justices of the 
 Peace for any such Town. 
 
 LXXVI. And be U enacted. That all oaths of Office of the Subordi- 
 nate Officers of such Town, shall be taken before the Mayor or Police 
 Magistrate thereof, or before any one of the Justices of the Peace ^r 
 such Town, who are hereby authorized to administer the same. 
 
 LXXVII. And be it enacted, That it shall and may be lawful for the 
 Town Council of each of the said Towns, to select from among them- 
 selves one Townreeve, and when such Town shall have five hundred 
 resi<lent Ireeholders and householders on the Collector's Roll thereof, 
 then also a Deputy-Townreeve for such Town, who shall be a Member 
 of the Municipal Council of the County in which such Town is situate. 
 
 LXXVIII. And be it enacted, That the Town Council for each of the 
 said Towns shall appoint three Assessors and one Collet^tor for each 
 Ward of the said Town, whose duty it shall be to make assessments and 
 collect taxes within such Ward, in like manner as the Assessors and 
 Collectors in the several Townships aforesaid are to perform the same 
 duties in the said Townships respectively ; Provided always, firstly, 
 that none of the Town Councillors shall be eligible to be appointed to 
 Buch offices; and provided also, secondly, that no person shall be ap- 
 
 J>ointed such Assessor, unless he shall be rated on the Collector's Roll 
 or the year preceding his appointment, to the amouut of three hundred 
 pounds and upwards. 
 
 LXXIX. And be it enacted, That whenever any Incorporated Village 
 SnUpper Canada, shall be found by the Census Returns to contain within 
 Its limits upwards of three thousand inhabitanto, then upon petition of 
 ihe Municipality of such Village, it shall and may be lawful for the 
 Governor of this Province by an Order in Council to issue a Proclamation 
 Under the Great Seal of the Province erecting such Village into a Town, 
 and including within the boundaries thereof any portion of the Township 
 or Townships within which it may be situate, which from the proximity 
 of streets or buildings thereon may conveniently be attached to such 
 Town aiid dividing the said Town into Wards by appropi iate names and 
 |oundaries ; but no Town shall be so divided into less than three Wards, 
 |nd none of such Wards shall have less than five hundred inhabitants ; 
 "Jul such Town shall have an election by Wards on the first Monday in 
 \e month of January next after the end of three calendar months from 
 |ie teste of such Proclamation ; and such Town shall from thenceforth 
 - subject to the same regulations and provisions of law, and shall have 
 
 Who ihnll lie 
 Clerks of Police 
 
 OffiCCH. 
 
 Their duties. 
 
 Cl'iiefCoiitNables, 
 &.C., to hold 
 ottice (luriiiK 
 plensurcofTown 
 Council. 
 
 I'owcr of Gover- 
 nor (into npiioint- 
 iiieiit ut' J. 1*. not 
 all'ccteil. 
 
 Oath of Office 
 or iJuhordiiinte 
 Utficers, before 
 whom to be 
 taken. 
 
 Appointment of 
 Townreeve, and 
 Deputy-Town- 
 reeve. 
 
 ApiHJintinent of 
 Assessors and 
 Collectors. 
 
 Proviso. 
 
 Proviso as to 
 qualification. 
 
 Provision for the 
 erection of an 
 incorporated 
 Village into a 
 Town on certain 
 conditions. 
 
 Number of 
 Wards. 
 
 First election by 
 Wards. 
 
 Privileges as a 
 Town. 
 
 i i 
 
 » t: 
 
 11 
 
• i .4 
 
 lit ih 
 
 hi 
 
 30 
 
 t 
 
 Town Council 
 to lie coniponcd 
 of (^)iiiirillorH 
 elecfed for the 
 rilflercnt Wardi 
 
 
 potveri and 
 duiira. 
 
 Power of Town 
 (^oiinrllKtoiiiuko 
 Dy-lan's for — 
 
 KRifiMlthinK 
 Police. 
 
 Work'lioiiM Olid 
 house of correc- 
 tion. 
 
 Rcgiilnlinj erec- 
 tion of liiiildlngs. 
 
 Fiirchnseof land 
 for liiiliiitrjal 
 rnrm, Stc. 
 
 LIclHIng with 
 goa, oil, Stc. 
 
 Livery stable 
 licenses, &c. 
 
 Public convey- 
 ances. 
 
 Afisessnipnts on 
 reni property for 
 special improve- 
 ments. 
 
 Or for sweeping ' 
 and wntering 
 streets, &c. 
 
 INCORPORATED TOWNS. 
 
 the s;\mo irnmnnilieB anil privilej^es as a Town named in the said 
 Schedule to iliis Act niinuxed marked B, as fully as if such Town had 
 bet'M tnenlioiied therein. 
 
 LXXX. And be it enacted, That the Town Council of any such Town 
 sh- , be composed of the Councillors elected by and for the different 
 Wards of such Town, and shall have all such powers, duties and liabili- 
 ties within and in respect of such Town as the Municipality of any 
 Village shall have in respect of f<uch Village ; and the Mayor of such 
 Town and the other officers (hereof shall have the like powers, duties 
 and liabilities respectively within and in respect thereof as ihe Town- 
 reeves and other Oflicers of any Incorporated Village shall have within 
 and in respect of such Village. 
 
 LXXXI. And be it enacted. That the Town Council of each of the 
 Towns, which shall be or remain incorporated under the authority of 
 this Act, shall moreover have power and authority to make By-laws for 
 each or any of the following purposes, itiat is to say : 
 
 Firstli/. For establishirg and regulating a Police for such Town ; for 
 establistiing and rei^ulatiiiii one or moi-e Alms-houses and Houfses of 
 Refuge for the relief of the poor and destitute ; for erectingand establish- 
 ing and also providing for the proper keeping of any Work -house or 
 House of Correction that may iiereafter be erected in and for such Town; 
 for regulating the erecting of buildings and preventing wooden buildings 
 from being erected in thickly built parts of such Towns. 
 
 Secondly. For the purchase of such lands as thoy may deem necessary, 
 for the purpose of an Industrial Farm for such Town, of not less than 
 two hundred acres in extent within such convenient distance of such 
 Town as they may deem expedient, and for erecting, or building there- 
 on, such hou'^es, uuildings, yards and other Inclosures as may be deemed 
 proper for the purposes of sitch farm. 
 
 Thirdly. For defraying out of the funds of such Town, if necessary, 
 the expense of lighting the same or any part thcieof with gas, oil or 
 other substances, and the performing of any kind of work required for 
 the purpose, and for obliging the proprietors or occupiers of real property 
 to allow such work to be done, and such fixtures placed in or about their 
 premises as may be necessary for that piirpsse ; such work and fixtures 
 to be done at the expense of such Town. 
 
 Fourthly. For resulating and licensing the owners of Livery Stables, 
 Horses, Cabs, Hackney-coaches, Omnibnsses, Carts and other Carriages 
 used for hire in such Town, and for establishing the rates of pay or hire 
 to be taken by the owners or drivers thereof, and for preventing runners, 
 stage-drivers and others in the streets or public places from soliciting aiid 
 teasing passengers and othei's to travel in any boat,vessel, stage or vehicle 
 
 Fifthly. For assessing the proprietors of such real property in any 
 such Town as may be immediately benefitted by such impiovements, 
 for such sum or sums as may at any time be necessary to defray the ex- 
 pense of making or repairing any common sewer, drain, flagging, posts 
 or pavement in any public highway, street, square or place immediately 
 opposite or near to such real properly, and for regulating the time and 
 manner in which such as«e3sment shall be collected and paid. 
 
 Sixthly For raising, levying and appropriating at and upon the peti- 
 tion of two thirds or upwards of the freeholders and householders resideiil 
 in any particular street, square, alley or lane of such town, such sum or 
 sums of money as may be necessary to defiay the expense of sweeping 
 and watering such street, square, alley or lane by means of a special 
 rate to be assessed equally on the whole rateable property in such street, 
 squarej alley or lane. 
 
 And: 
 
INCORPORATED CITIES. 
 
 31 
 
 aed in the said 
 such Town hud 
 
 if any such Town 
 for the different 
 utiesand liabili- 
 licipality of any 
 
 Mayor of such 
 :e powers, duties 
 fiof as the Town- 
 ihall have within 
 
 1 of each of the 
 the authority of 
 nake By-laws for 
 
 such Town ; for 
 a and Hoiir.es of 
 ingand establish- 
 ly Work -house or 
 id for such Town ; 
 wooden buildings 
 ns. 
 
 J deem necessary, 
 
 , of not less than 
 
 distance of such 
 
 or building there- 
 
 as may be deemed 
 
 wn, if necessary, 
 
 with gas, oil or 
 
 work required for 
 
 s of real property 
 in or about their 
 
 vork and fixtures 
 
 of Livery Stables, 
 nd other Carriages 
 ates of pay or hire 
 reventing runners, 
 rom soliciting and 
 , stage or vehicle 
 
 property in any 
 ch improvements, 
 
 to defray the ex- 
 in, flagging, posts 
 
 ace immediately 
 .ling the time and 
 lid paid. 
 
 xnd upon the peti- 
 iseholders resident 
 ;own, such sum or 
 jense of sweepip? 
 eans of a special 
 srty in such street, 
 
 Seventhly. For borrowintr under the restriction and upon the security 
 hereinafter mentioned^ all such sums of money as shall or may be ne- 
 cessary for the execution of any town work within their jurisdiction and 
 the scope of the authority by this Act conferred upon them. 
 
 Eighthly. For rnising, levying and appropriating such moneys as may 
 be required for all or any of the pinpnses aforesaid by means of a rale to 
 be assessed equally on the whole rateable properly in such Town 
 according to any law which shall be in force in Upper Canada concern- 
 ing rates'and assessments. 
 
 Ninihlif. For making all such laws as may be necessary and proper 
 forcarryin" into execution the powers herein vested or hereinafter to be 
 vested in the Corporation of such Town or in any department or office 
 (hereof, for the peace, welfare, safety and good government of such 
 Town as they may from time to lime deem expedient, such laws not 
 being repugnant to this or any other Act of the Parliament of this 
 Piovince, or of the Parliament of Upper Canada, or to the general laws 
 of that part of this Province: Provided always nevertheless, firstly, ihat 
 no person shall be subject to be fined more than five pounds, exclusive 
 of costs, or to be imprisoned more than thirty days, for the breach of any 
 By-law or regulation of such Town: And provided also, secondly, that 
 no person thall be compelled to pay a greater fine than twenty pounds 
 for refusing or neglecting to perform the duties of any Municipal office 
 vrhen duly elected or appointed thereto. 
 
 Tenthly. For the repeal, alteration, or amendment, from lime to time, 
 of all or any of such By-law or By-laws, and the making others in lieu 
 thereof, as to them may seem expedient for the good of the inhabitants 
 of such Town. 
 
 VI. CITIES. 
 
 LXXXII. And be it enacted. That the inhabitants of each of the 
 Cities mentioned in the Scheiiide to this Act annexe*! marked C, and 
 ^ntituled "Cities," and the inhabitants of all such Towns in Upper- 
 Canada as shall from time lo time, be erected into Cities by and under 
 any Proclamation to be issued in that behalf under this Act, shall be 
 Bodies Corporate with all the powers, privileges and immunitie«^ duties 
 knd liabilities of the incorporated inhabitants of Towns as aforesaid, ex- 
 ,Cept in so far as such powers may be hereby increased, lessened or 
 otherwise modified, and such powers shall be exercised by, through, 
 and in the name of the Mayor, Aldermen and Commonalty of each of 
 such Cities respectively. 
 
 LXXXIII. And be it enacted, Thai for every Ward within the limits 
 of any such City, there shall be chosen by the male resident freehoMers 
 ind householders of such Ward, one Alderman and two Councillors for 
 jch Ward, for which purpose copies of the Collector's Rolls shall be 
 jrnished, verified and procured by the like persons and within the like 
 jnes as is hereinbefore provided with respect lo Towns; and llie Com- 
 ion Council of eacli such City shall be formed of such Aldermen and 
 councillors in the same manner as the Town Council of any such Town 
 Tjall have in and with regarcl^to the same, and all the rules, regulations 
 pltovisions and enactments contained in this Act, as applied to Incorpo- 
 rated Towns, by way of reference to those provided for Incorporated 
 Villages or otherwise, shall apply to each of the said Cities: Provided 
 idways, firstly, that the Mayor of every such City shall be elected from 
 «nong the Aldermen thereof; and provided always, secondly, that no 
 ferson shall be qualified to be elected an Alderman for any such Ward 
 who shall not at the time of the Election be seized, to his own use, of 
 Seal Esfale held by him in fee simple, or in freehold, within the City 
 % which he is elected or the lilerties thereof, of the assessed value of 
 
 Dorrowlng 
 iiioneyi. 
 
 Levying inoiioyM. 
 
 Mnlilna Py-lnwi 
 fur cnrryliig into 
 cxvriillon 
 powcff hrrclii 
 vexed, &c. 
 
 ProvlFO n* to 
 fiiieH, flit lircacti 
 of By-lnwB. 
 
 For rcruaiiig 
 oiUcc. 
 
 Repenlingor 
 ntnending of 
 By-luwu. 
 
 Tnhnhitnnti of 
 Cities Mieniioiicd 
 ill Schedule C 
 &c.,incur|ior- 
 ated. 
 
 C'orporntd 
 powerg. 
 
 How exerclied. 
 
 Election of otie 
 Altlcriiinti nnd 
 twot'oiinrilluro 
 for each Ward : 
 copies of Collec- 
 torV roIlK to be 
 furtiislicd, tt,c., 
 as ill Towns. 
 
 ProviBO: Mayor 
 to tie elected from 
 among Alder- 
 men. 
 
 Proviso : qiiatifi' 
 cntion of Alder- 
 men. 
 
 N 
 
 I 
 
(I 
 
 i 
 
 
 ^ 
 
 u, 
 
 111 ! 
 
 f- 
 
 ' 'ifi 
 
 If 
 
 ! 
 
 32 
 
 Proviio : qualin- 
 entloii of Couii- 
 eillort. 
 
 Qunlincntioii of 
 I'lectori. 
 
 Proviaion with 
 reipect to the 
 erection of in- 
 corpuriiieil 
 TowMH Into 
 Citlei, on certain 
 eoiiditioriii. 
 
 i'iew division 
 into VVardit. 
 First election, ad 
 a City. 
 
 EacI) incorpora- 
 ted City to be n 
 County of iuelf 
 for certain pur- 
 poses. 
 
 Proviso : not to 
 prevent County 
 MunicipnICoun-. 
 cils toliold llieir 
 sittings in Cities, 
 &c. 
 
 Justice of the 
 Pence of tlie 
 County to have 
 no juriiidiction 
 within Ciiy. 
 
 Proviso: Quarter 
 Ressions of tiie 
 (bounty maybe 
 held in City. 
 
 INCOUPORATED CITIES. 
 
 five huridretl pounds, or jult-ss ho shall bo a Tunntit fiom year loyear, or 
 for a term of years, of Real Properly within such City or the liberties 
 thereof, at a oona fide rontiil of sixty pounds per annum or upwards, or 
 bIiuII bo in the receipt of sixty pounds or upwards, of yearly rent or 
 
 firollt accruing from or out of Real Property within such City or the 
 iburties thereof; and provided always, tnirdly, that no person shall be 
 qualified to be elected a Councillor for any such Ward, who shall not, 
 at the time of his Election, be in like manner seized to his own use of 
 like Real Estate, to the value of three hundred pounds, or unless he shall 
 be a Tenant from year to year or for a tornj of years, of Real Properly 
 within such City ur the liberties thereof, at a bona fide tental of thiity 
 poun-'s per annum or upwards, or shall bo in the receipt of thirty pounds 
 or upwaids of yearly rent or profit nccruint; from or out of Real Properly 
 within such City or the liberties thereof; and provided always, fourthly 
 and lastly, that the Aldermen and Councillors aforesaid, shall bo chosen 
 by the male inhabitants being either freeholders or householders who 
 shall be entered on such Roll and who shall continue to reside within 
 such Ward at the time of the Election, and who shall appear upon the 
 said Roll to have been assessed either as Proprietors or Teiiantt' for a 
 house or for land, or for both, to the value of fifty pounds, and by none other 
 
 LXXXIV. And be it enacted. That whenever any of the said Towns 
 incorporated, or to be incorporated as aforesaid, shall be found by tlie 
 census returns to contain more than fifteen thousand inhabitants, then, 
 on petition from the Town Council of such Town, it shall and may be 
 lawful for the Governor of this Piovince, by an Order in Council, to 
 issue a Proclamation under the Great Seal of the Province, erecting such 
 Town into a City, setting forth tiie boundaries of such City and of the 
 liberties thereof respectively, with the portions of the liberties to be 
 atlached to each of such Wards respectively, and including within such 
 boundaries any portion of the Township or Townships adjacent, which 
 from the proximity of streets or buildings therein, or the probable future 
 exigencies of such City, it may appear desirable in the opinion of the 
 Governor in Council should bt, attached to such City or the liberties 
 thereof ; and to make new divisions of such City into Wards, in like 
 manner as is provided in the case of the said Towns ; and the first elec- 
 tion in such place as a City shall take place on the first Monday of the 
 month of January next, after the end of three calendar months from the 
 teste of such Proclamation. 
 
 LXXXV. And be it enacted, That each of the Cities which shall be 
 or remain incorporated as such under the authority of this Act, with the 
 liberties thereof, shall, for all Municipal purposes, and such Judicial 
 purposes as are herein or hereby specially provided for, but no other, be 
 a County of itself : Provided always, nevertheless, that nothing herein 
 contained shall prevent the Municipal Council of the County within or 
 on the borders of the territorial limits whereof such County of a City 
 shall lie, to hold their sittings, keep their public offices, and transact all 
 their business and that of their officers and servants within the limits of 
 such City or the liberties thereof, and to purchase and hold all such real 
 property within such limits as may be necessary or convenient for such 
 purposes or any of them. 
 
 LXXXVI. And be it enacted, That the Justices of the Peace in anJ 
 for the County within or on the borders of which such City shall lie, 
 shall as such neither have nor exercise any jur.'sdiction over oflences 
 committed within such City or the liberties thereof; any law or usage 
 to the contrary thereof notwithstanding : Provided always, nevertheless 
 firstly, that nothing herein contained shall be construed to prevent the 
 General or Adjourned Quarter Sessions of the Peace for such County 
 
 ■>j i »ini»> i cii".»iy> "f-'ny ' 
 
INCORI'URATED CITIES, 
 
 3;{ 
 
 year to year, or 
 or the liberties 
 or upwards, or 
 f yearly rent or 
 ich City or the 
 person shall be 
 I, who shall not, 
 I his own use of 
 jr unless he shall 
 jf Keul Properly 
 • rental of thirty 
 t of thirty pounds 
 of Real Property 
 always, fourthly 
 I, shall bo chosen 
 ouseholders who 
 to reside within 
 appear up')n the 
 or Tenanti. for a 
 md by none other 
 
 of the said Towns 
 be found by the 
 inhabitants, then, 
 ihall and may be 
 er in Council, to 
 nee, erecting such 
 ih City and of the 
 ihe liberties to be 
 iuding within such 
 s adjacent, which 
 he probable future 
 the opinion of the 
 y or the liberties 
 ito Wards, in like 
 and the first elec- 
 irst Monday of the 
 .V months from the 
 
 lies which shall be 
 
 this Act, with the 
 
 and such Judicial 
 
 [or, but no other, be 
 
 Vat nothing herein 
 
 County within or 
 
 „ County of a Citv 
 
 fes, and transact all 
 
 \vithin the limits ot 
 
 . hold all such real 
 
 [onvenient for such 
 
 ' the Peace in and 
 |ich City shall lie, 
 
 ption over ofl'ences 
 any law or usage 
 
 "ays, nevertheless 
 lued to prevent the 
 le for such County 
 
 being hold within llm limits of «uch City or the liberties thereof, and 
 having and cxt'rcisin;^ all the jinisiliclion and aulhoiily necessarily inci- 
 tlont to tho power of holding such Sessions; And provided always uIno, 
 secondly, that nothing herein shall prevent or bo construed to prevent 
 the endorsement ot Warrants as now provided for by law, nor to alter or 
 interfere with tho effect of such endorsement. 
 
 LXXXVM. Anil bo it enacted. That from the time of tho erection of 
 any Town into a City, any and every Commission of the Peace that 
 may have been issued for such Town shall cease and determine. 
 
 LXXXVIII. And be it enacted. That there shall bo in and Tor eachof 
 the Cities wiiich shall be or remain incorporated as such under tho au- 
 thority of this Act, besides a Chief Conslanlo. ns provided with rcspoct 
 to incorporated Towns as aforesaid, ono Hign Bailiff, who shall bo ap- 
 pointed annually by tho Corporation of such City. 
 
 LXXXIX. And be it enacted. That it shall and may be lawful for tho 
 Corporation of any City which shall bo or remain incorporated under 
 authority of this Act, by act of Common Council, from time to time, ns 
 it may seem expedient, to erect any part of tho liberties, contiguous to 
 such City, as their boundaries shall be at the time, into ono or more 
 outer Wards; and may from time to time, as it may seem expedient, 
 alter and vary tho boundaries of such outer Wards, or any of them, 
 before they shall be annexed to tho said City, as hereinafter 
 provided. 
 
 XC. And be it enacted, That so soon as it shall appear by the census 
 of any such City, that any one of its outer Wards contains as many 
 inhabitants as by tho census first taken after tho passing of this Act, or 
 after the erection of such City, as the case may be, shall be found to bo 
 contained in the least populous of the Wards erected by this Act, or by 
 the Proclamation erecting such City, and by tho general Assessment 
 polls of such City, that such outer Ward contains as much assessed 
 
 f»ropeity as by the first Assessment of tht3 said Citv made after tho pass- 
 iig of this Act, or after the issuing of such Proclamation as aforesaid, 
 ihall be found to be contained in the least wealthy of the Wards erectecl 
 by this Act or by such Proclamation, it shall and may be lawful for the 
 Mayor of such City, for the time being, and he is hereby required forth- 
 with to issue a Proclamation, under the Seal of the said City, setting 
 forth tho same, and annexing such Ward to such City, calling it by such 
 name as the Common Council thereof shall think fit. 
 
 XCI. And be it enacted. That from the date of any such last men- 
 Uoned Proclamation, such Ward shall cease to be a part of the liberties, 
 fcid shall from thenceforth constitute a Ward of such City, und have 
 ^cident to it, and its inhabitants every thing by this Act or any future 
 Jlct of Parliament, or any act of Common Council, incident to the Wards 
 tf such City, or the inhabitants thereof in general, and every such Act 
 dkall extend to such Ward as it docs or shall to the other Wards of such 
 GIty in general ; Provided always, that no Election for Charter Officers 
 for any such VVard, shall take place until the general Election for 
 mteh officers next ensuing the issuing of any such last mentioned 
 Proclamation. 
 
 XCII. And be it enacted. That the Gaol, Court House and House of 
 Correction of the County within the limits or on the borders of which any 
 ^ch City shall be situate, shall be and continue to be tho Gaol, Court 
 House and House of Correction of such City, as well as of such County, 
 Wilil such City shall by Act of Common Council otherwise direct ; and 
 j|e Sheriff, Gaoler and Keeper of every such County Gaol and House of 
 ||orrection shall be bound to receive and safely keep until duly dis- 
 
 Provlio ; wUll 
 
 riBlH'Cl ID 
 
 (•lll!ut^l'lllrll( of 
 
 Wnrrmitii. 
 
 ri)iiiiiilrtl(iii« "f 
 tlie foncf to 
 coawoiifrc'cnoii 
 of a City. 
 
 Chief t'on«lolil« 
 niu\ llipli lliilliir 
 10 bu u|i|iuiiili.'ii. 
 
 rorporntlon iiiiiy 
 rri'd nny |iiirt (if 
 lli(> lilii-rtiCH iiiio 
 rjiiiur VVHttli", 
 tic, 
 
 Provision Tor nii- 
 iiL'.vliii; nil oiiriT 
 VVnrrtiotliuCjiy, 
 oiiceriiiiii cuii- 
 ditloiiB. 
 
 When nil uultT 
 Wiird IB niMip\cil 
 it hIiuII ci*aru to 
 form part of ll\u 
 lilii'riit'B. 
 
 Proviso ns (o 
 uloctioiitifor £UCil 
 Ward. 
 
 Present Gaol, 
 (.'ourt llouso, 
 &.r., to roiitinue 
 ns such for City 
 niutCuiiiity, 
 until utlicrwisQ 
 provided. 
 
 I 
 
•!f1».iB)«v»»«(jl(()P«' 
 
 34 
 
 
 A Recorder's 
 Court to be estn- 
 blislicd fur cacb 
 City. 
 
 Who shall pre- 
 side in it. 
 
 Jiiristliciion of 
 
 Recorder's 
 
 Court. 
 
 Four Sessions 
 in each year, 
 and when. 
 
 Iiihabitniitsof 
 City and Liher- 
 tics exemptod 
 from serving on 
 certain Juries 
 after a certain 
 date. 
 
 Who shall be 
 (jrand Jurors for 
 the Recorder's 
 Courts, and Iwvv 
 suiunioned. 
 
 Petit Jurors to be 
 summoned by 
 High liailifTs. 
 
 Wlio shall be 
 Grand and Petit 
 Jurors. 
 
 Authority of 
 Grand Juries. 
 
 INCORPORATED CITIES. 
 
 charged, all persons committed thereto by any competent power or 
 authority of such City. 
 
 XCIII. And be it enacted, That besides a Police Officer and Police 
 Magistrate, as provided with respect to Incorporated Towns as aforesaid, 
 and which shall have the like duties and powers in all respects in such 
 City and the liberties thereof as is herein provided with respect to the 
 Police Officers and Magistrates for incorporated Towns as aforesaid, 
 there shall moreover be a Court of Record in each of the Cities, which 
 shall be or remain incorporated as such under the authority of this Act, 
 which Court shall be called the Recorder's Court of such City, and 
 wherein the Recorder for the time being shall preside, assisted by one 
 or more of the Aldermen of such City, or in the absence of such Recorder 
 from sickness or other causes, or when there shall be no Recorder, the 
 Mayor or one of the Aldermen of such City, to be elected by the Alder- 
 men from among themselves, shall preside ; and that such Court shall 
 in all cases psssess the like powers and have the like jurisdiction as to 
 crimes, offences and misdemeanors committed in such City and the 
 liberties thereof as the Courts of Quarter Sessions of the Peace now have 
 or hereafter may have by Law in Upper-Canada, as to crimes, offences 
 and misdemeanors committed within their local jurisdiction, as well aa 
 in all those matters of civil concern not belonging to the ordinary juris- 
 diction of a Court of Justice, as have been or may hereafter be by Law 
 vested in such Courts of Quarter Sessions of the Peace. 
 
 XCIV. And be it enacted. That the said Recorder's Court shall hold 
 four Sessions in each year, which Sessions shall commence on the 
 second Monday in the months of January, April, July and October in each 
 year. 
 
 XCV. And be it enacted. That the inhabitants of every such City 
 erected or to be erected under the authority of this Act, and of the liber- 
 ties thereof, at all times after the passing of this Act, or after the first 
 day of January next after the end of the three calendar months from the 
 teste of the Proclamation erecting such City, as the case may be, shall 
 be exempt fiora serving on Juries at any other than the City Courts und 
 the Courts of Assize and Nisi Prius, Oyer and Terminer and General 
 Gaol delivery for the County within the limits or on the borders of which 
 such City shall be situate. 
 
 XCVI. And be it enacted. That the Grand Juries of such Recorder's 
 Courts shall consist of twenty-four persons to be summoned by the High 
 Bailiffs of each of the said Cities, under precepts signed by the Record- 
 ers or Aldermen elected to sit for such Recorders, in the same manner 
 as Grand Juries of the Quarter Sessions are now or hereafter may be by 
 law summoned by the different Sheriffs in Upper Canada. 
 
 XC VII. And be it enacted. That the Panels of the Petit Jurors for 
 such Courts shall consist of not less than thirty-six nor more than sixty 
 Jurors to be summoned by the High Bailiffs of each of the said Cities, 
 under precepts signed by the Recorders or Aldermen elected to sit for 
 such Recorders in the same manner as Petit Jurors of the Quarter Ses- 
 sions now are or hereaft'-r may be by law summoned by the different 
 Sheriffs in Upper Canada. 
 
 XCVIII. And be it enacted. That such persons only residing in the 
 said Cities or the liberties thereof, shall be summoned to compose the 
 Grand and Petit Jurors of such Recorder's Courts as are at present or 
 hereafter may be liable to be summoned as Grand and Petit Jurors 
 respectively, in any Court of Upper Canada. 
 
 XCIX. And be it enacted. That the respective Grand Juries shall 
 have all the power and authority over offences committed in the said 
 
 throuc 
 
 ^1;': 
 
 gi^iJiawMPS g g 
 
INCORPORATED CITIES, 
 
 35 
 
 jtent power or 
 
 cer and Police 
 nsas aforesaiuj 
 sspects in such 
 ti respect to the 
 IS as aforesaid, 
 le Cities, which 
 rity of this Act, 
 such City, and 
 assisted by one 
 of such Recorder 
 no Recorder, the 
 ed by the Alder- 
 Buch Court shall 
 jurisdiction as to 
 ich City and the 
 5 Peace now have 
 I crimes, offences 
 iction, as well aa 
 he ordinary juns- 
 reafter be by Law 
 
 8 Court shall hold 
 commence on the 
 nd October in each 
 
 f every such City 
 St.andoftheliber- 
 t, or after the first 
 ir months froi",^»f, 
 ;ase may be, shal 
 he City Courts und • 
 niner and General 
 le borders of which 
 
 of such Recorder'3 
 moned by the High 
 ned by the Record- 
 the same manner 
 ereafter may be by 
 lada. 
 
 he Petit Jurors for 
 lor more than sixty 
 of the said Cities, 
 n elected to sit for 
 of the Quarter Ses- 
 ed by the different 
 
 ily residing in the 
 ed to compose the 
 s are at present or 
 fid and Petit Jurors 
 
 lorand Juries shiilj 
 Witted in the said 
 
 Powers of 
 Courts of Quar- 
 ter Sessions 
 vestcfl in Recor- 
 der's Courts. 
 
 On acquittnl of a 
 defendnnt, coeta 
 to be paid out of 
 City funds, when 
 tliere was ren- 
 eonablc cause for 
 prosecution. 
 
 Recorder may 
 suspend Iligli 
 BailiflT, Cliict 
 Constalilc, &c., 
 from their duties. 
 
 Cities and the liberties thereof which Grand Juries for the General 
 Quarter Sessions of the Peace in Upper Canada now have or hereafter 
 may have. 
 
 C. And be it enacted, That the like Process and Proceeding now had 
 in the said General Quarter Sessions of the Peace in criminal cases, 
 shall and may be used in the said Recorder's Courts when exercising 
 criminal jurisdiction, and the like power to take recognizances and al' 
 Other powers and duties incidental to such jurisdiction, and which the 
 said Courts of General Quarter Sessions now or hereafter may possess by 
 law, together with the powers granted by this Act, are hereby vested in 
 the said Recorder's Courts as far as regards any offences, crimes and 
 misdemeanors arising or committed within such Cities and the liberties 
 thereof respectively. 
 
 CI. And be it enacted. That upon the acquittal of any Defendant or 
 Defendants in any of the said Recorder's Courts, the Recorder or presi- 
 ding Alderman thereof, shall upon its appearing to the satisfaction of the 
 said Court, that there was a reasonable and probable cause for such 
 prosecution, order the costs thereof to be taxed by the Clerk of the said 
 Court to be paid out of the City Funds. 
 
 CII. And be it enacted. That every such Recorder shall have the 
 power of suspending from the duties of his Office any High Bailiff, Chief 
 Constable or Constable of the City of which he is the Recorder, for any 
 period in his discretion, and that immediately after such suspension he 
 shall report the same with the cause thereof, if he deem such High Bailiff, 
 Chief Constable or Constable, deserving of dismissal for the cause of such 
 suspension, to the Common Council of such City, and the said Common 
 Council shall thereupon in their discretion, dismiss such High Bailiff, 
 Chief Constable or Constable, or ditect that he shall be restored to the 
 dutiesof his Office after the period of such suspension shall have ex- 
 pired, and during such suspension no such High Bailiff, Chief Constable 
 or Constable shall be capable of acting in his said Office except by the 
 express permission of the Recorder of such City in writing, nor shall 
 such High Bailiff, Chief Constable or Constable be enthled to any salary 
 or remuneration for the period of such suspension : Provided always, 
 that it shall be in the power of such Recorder to appoint some fit and 
 proper person to act as High Bailiff, Chief Constable or Constable during 
 the period of such suspension of any High Bailiff, Chief Constable or 
 Constable as aforesaid. 
 
 cm. And be it enacted. That the Clerks of the Common Councils of Who shall he 
 the said Cities shall be Clerks of the Recorders' Courts, and perform the SJ.'Surur"'' 
 same duties and receive the same emoluments as ' jw appertain to the 
 Clerks of the Peace in Upper Canada. 
 
 , CIV. And be it enacted, That the Recorders for the several Cities 
 Iprhich shall be or remain incorporated as such under the authority of 
 ^is Act, shall be Barristers of Upper Canada of not less than five years' 
 l|tanding, and shall be appointed by the Crown during pleasure, and every 
 a^ich Recorder shall be ex officio a Justice of the Peace, in and for the 
 City and Liberties thereof, for which he shall be appointed, and shall 
 receive a salary of not less than two hundred and fifty pounds per annum, 
 payable quarterly out of the Municipal Funds of such City: Provided 
 always nevertheless, that a Recorder shall not in the first instance be 
 appointed for any of such Cities until after the Corporation of such City 
 shall have communicated to the Governor General of this Province, poratTon 
 through the Provincial Secretary thereof, their opinion that such an 
 
 ^Officer was required for the better conduct of the affairs of such City, 
 and administration of justice therein. 
 
 Proviso as to n 
 Dailitf, &c. pro 
 tempore. 
 
 Appointment 
 and qiinliliration 
 of Recorders. 
 
 Proviso : not to 
 be appointed 
 except on peti- 
 tion of the Ccr- 
 
 J 
 
!1 M ! 
 
 l^ 
 
 11 
 
 ^^i 
 
 i p 
 
 *•■ 
 
 li 
 
 1- 
 . .1 
 
 - i; 
 
 \ r' 
 
 '•5 t 
 
 
 14 
 
 'iii 
 
 J: . 
 a" r '! 
 
 36 
 
 Ofiices of Re- 
 corder and 
 Police Mn);i8- 
 trate may he 
 vested in the 
 lanic pcrion. 
 
 Proviso as to 
 Hulary in such 
 case. 
 
 Powers of Cily 
 Councils to be 
 similar to those 
 of Town Coun- 
 cils. 
 
 City Councils 
 may make 
 Ily-laws for — 
 
 Erection of a 
 City Hall, Gaol, 
 House of Cor- 
 rection, &.C. 
 
 Regulating the 
 erection of 
 wooden build- 
 ings ; 
 
 Borrowiiig 
 moneys. 
 
 Levying tqoneys 
 by rate. 
 
 Carrying Into 
 execution |>owers 
 vested in them. 
 
 Proviso as to 
 tiiiQs for breach 
 of Uy-laws j 
 
 Or for not accept- 
 ing office. 
 
 Repealing or 
 
 amending 
 
 ))y-law8. 
 
 INCORPORATED CITIES. 
 
 CV. And be it enacted, That it shall and may be lawful for any such 
 Common Council in any such communication, to declare their opinion 
 that the said offices of Recorder and Police JMagistrate may be vested 
 in the same person for some time thereafter, in every which case the 
 same person shall be appointed to both of such offices, and the said 
 offices shall remain united in such person and his successors until such 
 Common Council shall have further communicated to the Governor 
 General of this Province, their opinion that such offices should no longer 
 continue united ; from whioli lime the same shall be held separately : 
 Provided always, that during the union of such offices the person hold- 
 ing the same shall not be entitled to any other than the salary herein 
 provided for the office of Recorder. 
 
 CVI. And be it enacted. That the Common Council of such City shall 
 have all and singular the powers and authority within such Cily and the 
 Liberties thereof, which the Town Council of any Town incorporated 
 under the authority of this Act, may or can lawfully use or exercise 
 therein. 
 
 CVII. And be it enacted, That the Common Council of each of the 
 Cities which shall be or remain incorporale<l under the authority of this 
 Act, shall moreover have pow^er and authority to make By-laws for each 
 of the following purposes, that is to say : 
 
 Firstly. For erecting and establishing and also providing for the 
 proper keeping of a City Hall, Court House, Gaol, House of Cor- 
 ectioti and House of Industry in and for such City and the Liberties 
 thereof, and appointing the Inspectors of any such House of 
 Industry. 
 
 Secondly. For regulating, in their discretion, the erecting of buildings 
 and preventing wooden buildings and wooden fences from being erected 
 in such City. 
 
 Thirdly. For borrowing under the restrictions and upon the security 
 hereinafter mentioned all such sums of rfloney as shall or may be neces- 
 sary for the execution of any city work within their jurisdiction, and the 
 scope of the authority by this Act conferred upon them. 
 
 Fourthly. For raising, levying, and appropriating such moneys as 
 may be required for all or any of the purposes aforesaid by means of a 
 rate to be assessed equally on the whole rateable properly of such City, 
 according to any law which shall be in force in Upper Canada, concern- 
 ing rales and assessments. 
 
 Fifthly. For making all such laws as may be necessary and proper 
 for carrying into eiteculion the powers herein vested or hereafter to be 
 vested in the Corporation of such City or in any department or office 
 thereof, for the peace, welfare, safely and good government of such 
 City as they may from time to time deem expedient, such laws not 
 being repugnant to this or any other J^ct of the Parliament of this Pro- 
 vince, or of the Parliament of Upper Canada, or to the general laws of 
 that part of this Province : Provided always nevertheless, firstly, that no 
 person shall be subject to be fined more than fjve pounds exclusive of 
 costs, or to be imprisoned more than thirty days for the breach of any 
 By-law or Regulation of such City ; And provided also, secondly, that 
 no person shall be compelled to pay a greater fine than twenty pounds, 
 for refusing or neglecting to perform the duties of any munlcipjil office, 
 when duly elected or appointed thereto. 
 
 Sixthly. For Ihe repeal, alteration or amendment, from time to time, 
 of all or any of such By-laws, and the making others in lieu thereof 
 as to then} may seem expedient for the good of the inhabitants of 
 such Cilv. 
 
 H^: 
 
 
 M 
 
MUNICIPAL CORPORATIONS. 
 
 37 
 
 for any such 
 heir opinion 
 y be vested 
 ich case the 
 and the said 
 )r8 until such 
 he Governor 
 uld no longer 
 I separately : 
 person hold- 
 salary herein 
 
 ich City shall 
 ;i Ciiy and the 
 1 incorporated 
 se or exercise 
 
 of each of the 
 uthority of this 
 -laws for each 
 
 ividing for the 
 House of Cor- 
 l the Liberties 
 iich House of 
 
 ng of buildings 
 ju being erected 
 
 the security 
 may be neces- 
 iction, ahdthe 
 
 ich moneys as 
 
 jy means of a 
 
 f of such City, 
 
 mada, concern- 
 
 ary and proper 
 hereafter to be 
 tment or office 
 rnment of such 
 such laws not 
 ent of this Pro- 
 general laws of 
 1, firstly, that no 
 ids exclusive of 
 breach of any 
 ^ secondly, that 
 twenty pounds, 
 nunicipEvl office, 
 
 . timo to time, 
 in lieu thereof 
 inhabitants of 
 
 VI. MISCELLANEOUS PROVISIONS. 
 
 CVIII. And be it enacted, Thatof the Municipal Corporations erected 
 or to be erected under »he authority of this Act, the Warden of each 
 County shall be the Head of the Municipal Council or Corporation of 
 such County, the Mayor of each City and Town shall be the Head of the 
 Town or Common Council or Corporation of such City or Town respec- 
 tively, and the Townreeve of each Township and Village, the Head of 
 the Municipality or Corporation of such Township or Village respec- 
 tively. 
 
 CIX. And be it enacted, That the Heatl of every such Municipal 
 Corporation as aforesaid shall ex officio be a Justice of the Peace, in and 
 for the County within or on the borders of which the Township, Village, 
 Town or City, in or over which he shall preside as such Head as afore- 
 said, shall be situate, and shall have within every such County, as well 
 as within the limits of the Jurisdiction of the Municipal Corporation over 
 which he presides, all and singular the powers and jurisdiction as well 
 civil as criminal which belong to that office. 
 
 ex. And be it enacted, That in the event of the absence of the Head 
 of any such Municipal Corporation from the duties of his office for a 
 period exceeding at one time three calendar months, without having been 
 first authorized so to absent himself by a resolution of such Municipal 
 Corporation, he shall vacate his office ; and in such case, it shall and 
 noay be lawful for such Municipal Corporation, at a special meeting 
 thereof for that purpose, to be convened within three days after such 
 office shall become varartt, lo elect from among themselves a successor 
 to such Head of such IVI' -icipal Corporation, who shall hold office for 
 the remainder of the iW^ «..TViceofhis immediate predecessor, which 
 Head of such Corporat' M.il be sworn into office as is in and by this 
 Act provided. 
 
 CXI. And be it enacted, That it shall and may be lawful for the 
 Head of such Municipal Corporation, at any time, by and with the con- 
 sent of such Municipal Corporation, to resign his office; and his suc- 
 cessor shall in such case be elected within the time and in the manner, 
 and for the same period as is provided in the next preceding section of 
 this Act. 
 
 CXII. Ami be it enacted. That if any of the Members of any such 
 Municipal Corporations, erected or to be erected under the authority of 
 this Act, shall be declared a Bankrupt, or shall apply to take the benefit 
 of any Act for the relief of Insolvent Debtors, or shall compound by deed 
 . with his creditors, then, and in every such case, such person shall there- 
 upon immediately become disqualified, and shall cease to be a Member 
 of such Municipal Corporation, for the lesidue of the time for which 
 ^upon such bankruptcy, insolvency, or composition with his creditors, 
 .'such Member of such Municipal Corporation was liable to serve; and 
 the vacancy thereby created shall be filled as in the case of the natural 
 death of such Member of such Municipal Corporation. 
 
 CXIII. And be it enacted, That the head of every such Municipal 
 Corporation, or, in his absence, the Chairman thereof, shall have power 
 to administer an oath or oaths, affirmation or affirmations, to any person 
 or persons concerning any account or other matter which shall be sub- 
 mitted to such Municipal Corporation. 
 
 CXIV. And be it enacted, That for and notwithstanding the issue of 
 
 : any Proclamation under the authority of this Act for the incorporation of 
 
 -/any Village o: for the erection of any '"^illage into a Town, or of any 
 
 ITovvn into a City, the Municipal Corporation existing in or having au- 
 
 #thority over such Village or Town, or the Hamlet or place of which by 
 
 Wlio Bhall be Die 
 Heads of ttie dif- 
 ferent Corporn- 
 tionii. 
 
 Head of nny 
 Corporation to 
 be ex ojicio n 
 Justice of tlie 
 Peace. 
 
 Al. fence of more 
 tlinii three 
 months nt a lime 
 witliout lenve, 
 to vncnte the 
 office. 
 
 Vacancy bow 
 filled. 
 
 Resignation of 
 Uearfs of Corpo- 
 rations. 
 
 Memliers of 
 Corporniiong 
 becoming insol- 
 vent to ceareto 
 be Mtmbers, 
 
 Power to Head of 
 Corporation to 
 administer cer- 
 tain oatlis. 
 
 Notwithstanding 
 proclamation in- 
 corporatine 
 Vilnges. &.e.. 
 Municipal Cor- 
 porations then 
 exieting to coi\- 
 
88 
 
 MUNICIPAL CORPORATIONS. 
 
 tinue to exercise 
 their powers for 
 a certain time. 
 
 \) I 
 
 /! 
 
 W'': 
 
 i ; 
 
 
 {■■ 
 
 Governor in 
 Council may 
 enlarge bounda- 
 ries, or niter 
 the division, 
 &.C., of a Town 
 or Village, on 
 ]ietition of the 
 Coriwraiion. 
 
 As to first elec- 
 tion thereafter. 
 
 Municipal Co:- 
 porntion not to 
 grant exclusive 
 riulits to exercise 
 ony trade or 
 calling. 
 
 Proviso as to 
 Ferries. 
 
 When a Police 
 Magistrate shall 
 be appointed in a 
 Town or City, 
 powers of grant- 
 ing tavern 
 licenses vested in 
 bini. 
 
 Tavern-keepers 
 keeping disor- 
 derly houses, to 
 be tried before 
 the Mayor or 
 Police, Magis- 
 trate and two 
 Aldernicn or 
 Justices, of the 
 Peace. 
 
 Punishment on 
 conviction. 
 
 such Proclamation such Village, Town or City shall be made to consist 
 immediately previous to the first day of January next after the end of 
 three calendar months from the teste of such Proclamation, and all and 
 singular the membersj officers and servants of the same respectively, 
 shall upon, and from such last mentioned first day of January, until the 
 fourth Monday of the same month, continue to have, exercise and per- 
 form all and singular the Municipal and other povrers, functions and 
 duties Mrhich, immediately previously to such last mentioned first day of 
 January, shall or may by law have been vested in them respectively, to 
 all intents and purposes as if such Proclamation had not been issued. 
 
 CXV. And be it enacted. That it shall and may be lawful for the 
 Governor of this Province, by any Order in Council, made upon the pe- 
 tition of the Municipal Corporation of any Town or Village, by Procla- 
 mation under the Great Seal of the Province, to add to the boundaries of 
 such Town er Village, and to make a new division of the Wards of any 
 such Town, and to alter the boundaries and number of such Wards, but 
 so that there be not less than three Wards therein, and that no Ward shall 
 by such division contain less than the number of inhabitants contained 
 in the least populous Ward of such Town by the first census taken after 
 the first erection of such Town ; and the first election, under such enlarge- 
 ment or new division of such Town or Village, shall take place on the first 
 day of January next, after the end of three calendar months from iho 
 ^esteof such Proclamation. 
 
 CXVI. And be it enacted, That nothing herein contained shall be 
 construed to authorize any Municipal Corporation erected under the 
 authority of this Act, to give any person or persons an exclusive right or 
 privilege to exercise within the locality over which it has jurisdiction, 
 any trade or calling concerning which such Municipal Corporation may 
 be hereby empowered to make regulations, or to require that a license to 
 exercise the same be taken from such Municipal Corporation or any 
 Officer thereof, or to impose any special tax on any person or persons 
 exercising the same except only such rea-^onable fee, not in any case 
 exceeding five ehillings, as may be necessary for remunerating the pro- 
 
 Eer Officer for issuing or granting to any such person a certificate of his 
 aving complied with any such regulations as aforesaid ; Provided 
 always nevertheless, that nothing herein contained shall affijct the right 
 of any Municipal Corporation to the exclusive privilege of any ferry now 
 vested in the present Corporation of such County, City, Town or Village. 
 
 CXVII. And be it enacted, That whenever there shall be a Police 
 Magistrate for any Town or City erected or to be erected under the 
 authority of this Act, the power of granting licenses to inn-keepers, and 
 the keeping of ale and beer houses whhin such Town or City, or the 
 liberties thereof, under such By-laws as may be made for that purpose 
 by the Municipal Corporations thereof, shall be vested in and belong to 
 such Police Magistrate. 
 
 CXVIII. /iud be it enacted. That the Mayor or Police Magistrate, 
 with any two Aldermen or Justices of the Peace for any Town or City 
 erected or to be erected under the authority of this Act, shall have full 
 power and authority upon complaint made to them or any one of thcnr:, 
 upon oath, of any riotous or disorderly conduct in the house of any Inn 
 or Tavern Keeper in any such Town or City, to enmiiro summarily into 
 the matter of such complaint, and for the Mayor or Police Magistrate of 
 such Town or City, to summon such Inn or Tavern-keeper to appear lo 
 answer such complaint, and thereupon it shall be lawful for the Mayoi 
 or Police Magistrate, with any two Aldermen or Justices of the Peace, 
 to investigate the same, and to dismiss the pame with costs, to be paid 
 by the complainant, or to convict the said Inn or Tavern-keeper of 
 
MISCELLANEOUS PROVISIONS. 
 
 39 
 
 lade to consist 
 ter the end of 
 n, and all and 
 I respectively, 
 uary, until the 
 srcise and per- 
 functions and 
 ned first day of 
 •espectively, to 
 leen issued. 
 
 lawful for the 
 e upon the pe- 
 ,ge, by Procla- 
 e boundaries of 
 e Wards of any 
 uch Wards, but 
 it no Ward shall 
 tants contained 
 isus taken after 
 3r such enlarge- 
 place on the first 
 Lonths from the 
 
 tained shall be 
 3Cted under the 
 Inclusive right or 
 has jurisdiction, 
 [;orporation may 
 thai a license to 
 •poration or any 
 arson or persons 
 not in any case 
 lerating the pro- 
 certificate of his 
 esaid; Provided 
 1 affect the right 
 of any ferry now 
 Town or Village. 
 
 lall be a Police 
 jcted under the 
 nn-keepers, and 
 1 or City, or the 
 for that purpose 
 in and belong to 
 
 ico Magistrate, 
 y Town or City 
 , shall have full 
 ny one of then;, 
 lOUse of any Inn 
 3 summarily into 
 ce Magistrate of 
 per to appear to 
 ul for the Mayoi 
 es of the Peace, 
 costs, to be paid 
 \ivern-keeper of 
 
 having a riotous or disorderly house, and to abrogate the license, or to 
 suspend the benefit of the same for any peiiod not exceeding sixty days ; 
 and during the period of such suspension, such Inn or Tavern-keeper 
 shall lose all the powers, privileges and protection that would otherwise 
 have been afTordeci him by his said license. 
 
 CXIX. And be it enacted. That in every case in which an oath is 
 required to be administered or taken under this Act, the person required 
 to take such oath, if by law permitted to aflirm instead of swear in judi- 
 cial cases in Upper Canada, shall be entitled and required to make 
 solemn affirmation to the same effect as the oath which would otherwise 
 be required. 
 
 CXX. And be it enacted. That in future the Collector's Rolls for the 
 different Townships, Incorporated Villages and Wards in Upper Canada 
 shall contain the amount of the assessed value of the real and also the 
 amount of the assessed value of the personal property of each person 
 whose name shall appear upon such Roll, as well as the amount to be 
 collected from such person. 
 
 CXXI. And be it enacted, That no person shall be qualified to vole, 
 or to be elected or appointed under this Act, who shall not at the time of 
 his voting, election or appointment, be a natural-born or naturalized 
 subject of Her Majesty, Her Heirs or Successors, and of the full age of 
 twenty-one years. 
 
 CXXII. And be it enacted. That in all elections of Members of any 
 of the Municipal Corporations erected or to be erected under the au- 
 thority of this Act, whether for Townships, Villages or Wards, each and 
 every person whose name shall appear upon the Collector's Roll, or copy 
 thereof, hereinbefore required to be procured for the purposes of such 
 election, as having been taxed as a freeholder or householder in any 
 such Township, Village or Ward, to an amount sufficient to entitle him 
 to vote at sHch election, shall be entitled to vote at such election for the 
 same, without any other enquiry and without taking any oath or affirm- 
 ation other than that he is the person named in such Collector's Roll, 
 that he is of the full age of twenty-one years, and is a natural-born, or 
 naturalized subject of Her Majesty, that he is resident within such 
 Township, Village or Ward, and that he has not before voted at such 
 election. 
 
 CXXIII. And be it enacted. That every person wilfully swearing or 
 affirming falsely in any oath or affirmation required to be taken under 
 this Act, shall be liable to the pains and penalties of wilful and corrupt 
 perjury. 
 
 , CXXIV. And be it enacted, That every Returning Officer, or person 
 lliolding any election under this Act, shall have power to administer all 
 #alh8 or affirmations required to be administered or taken at any such 
 Iplection. 
 
 'k. CXXV. And be it enacted. That the Heads of the several Municipal 
 Corporations created or to be created under the authority ot this Act, and 
 bIso the Aldermen of the said Cities and the Justices of the Peace for 
 Hie several Towns, and also every County, City, Town, Township and 
 Village Clerk, appointed under the authority of this Act, shall have au- 
 thority to administer any oath or affirmation required to be taken under 
 .;Jhis Act, and relating to the business of the place in which he shall hold 
 uch office as aforesaid, except where it is or shall be otherwise speci- 
 ;Ily provided, or except where he shall be the party required to take 
 iuch oath 01 affirmation ; and it shall be the duty of any person admin- 
 istering such oath or affirmation to preserve the same, duly certified by 
 "im and subscribed by the party taking or making the same, and to 
 
 Affirmation 
 nllowcil in cer- 
 tain cases in- 
 stead or (ailing 
 tlie oatli. 
 
 • % 
 
 Value of the pro- 
 perly assessed to 
 np|)ear upon ilie 
 Roll. 
 
 Voters to Ijc sub- 
 jects of Her 
 Mnjesty, and of 
 full age. 
 
 Persons appear- 
 in" on Collector'* 
 Roll as qualified 
 to vote, only 
 required to take 
 certain oaths. 
 
 False swearing, 
 &C., perjury. 
 
 Returning Offi- 
 cers authorized 
 to administer 
 oaths. 
 
 Heads of (V-rpo- 
 |>oratioM!j, &c., 
 uulhori/.cd to 
 atlininisier oaths 
 in certain cases. 
 
 
 Deposit of the 
 oath, &c. 
 
 t 
 

 
 .( 
 
 ■I I 
 
 m')\ 
 
 'I 
 
 I! 
 
 I" w 
 If 
 
 
 rm 
 
 4fi 
 
 M 
 
 40 
 
 Petmlty for con- 
 travention. 
 
 Onilis may be 
 udininistered to 
 panics nnd wii- 
 iicsses in dis- 
 putes ns to 
 boundaries!, &c. 
 
 Officers elected 
 or njipointed 
 under tliis Act 
 to tnke oath of 
 Otlico. 
 
 Tlie onlli. 
 
 Be 'ore whom the 
 llefid of a Muni- 
 cipal Corporation 
 slinll Ijo sworn. 
 
 Power to ndniin- 
 isler tlie outit. 
 
 An Oath of 
 qu.'ilitication to 
 IJe tnlien hy 
 certain Officers. 
 
 Tlie oath. 
 
 MUNICIPAL CORPORATIONS. 
 
 deposit the same in the office of the County, City, Town, Township or 
 Village Clerk, for the County, City, Town, Township or Village in which 
 the said oath or affirmation shall be taken or made, and to the business 
 and affairs of which it shall properly belong, within eight days after 
 such oath or affirmation shall be administered, on pain of being deemed 
 guilty of a misdemeanor. 
 
 CXXVI. .And be it enacted, That in all matters of dispute of and 
 concerning roads, allowances for loads, side lines, boundaries orconces- 
 sions, pending, or in the course of investigation before the .said Munici- 
 pal Corporations, it shall and may be lawful for the Head of each of the 
 said Municipal Corporations to administer an oath or aflirmation to any 
 of the contending parties, and to any witness to be examined touching 
 or concerning the said matters in dispute, and that any person falsely 
 swearir^ or affirming in that behalf shall be guilty of wilful and cor- 
 rupt perjury, 
 
 CXXVII. And be it enacted. That each Township, Village, Town or 
 City Councillor, and each Township, County, Village, Town or City 
 Clerk, and each Justice of the Peace for any of the Towns aforesaid, and 
 each Assessor and Collector, and each Returning Officer and Returning 
 Officer's Clerk, and each Constable or other Officer, who shall be 
 appointed under this Act, by any Municipal Corporation, shall, before 
 entering on the duties of his office, take and subscribe an oath or affir- 
 mation to the effect following, that is to say : 
 
 " I, A. B., do solemnly swear, {or affirm, where thepartyis entitled lo 
 affirm instead of swear) that I will truly, faithfully and impartially, to the 
 '* best of my knowledge and ability, execute the office of (inserting the 
 "name of the office) to which I have been elected (or appointed) in this 
 "Township, (County, &c.) and that I have not received and will not 
 *< receive any payment or reward, or promise of such for the exercise of 
 *' any partiality or malversation, or other undue execution of the said 
 " office. So help me God." 
 
 CXXVIII. And be it enacted, That the Head of every Municipal 
 Corporation erected, or to be erected under the authority of this Act, 
 shall be sworn or affirmed into office by the Highest Court of Law or 
 Equity whether of general or only of local jurisdiction, which shall at 
 the time be sitting within the limits of such Corporation, or by the Chief 
 Justice or olhe'* Justice or Judge of such Court at his chambers, or 
 if there be no such Court, Justice or Judge within the limits of such 
 Corporation at the time, then before the Recorder or Police Magistrate of 
 such City or Town, or any Justice of the Peace of the County or Town 
 in or over which such Corporation shall have jurisdiction, or in the case of 
 Townships and Villages, by any Justice of the Peace for the County in 
 which such Township or Village shall be situate, or in case there shall be 
 no such Court, Justice, Judge, or Justice of the Peace within suchlimitsat 
 the lime, then before the Clerk of such Municipal Corporation, in the pre- 
 sence of a meeting of such Corporation, which several Courts, Justices, 
 Judges, Recorders, and Police Magistrates, and Justices of the Peace, 
 and Clerks are hereby severally authorized and required to administer 
 such oath or affirmation, and to give the necessary certificate of the same 
 having been duly taken and subscribed. 
 
 CXXIX. And be it enacted, That every person who shall be elected 
 or appointed under this Act, to any office which requires a qualification 
 of property in the incumbent, shall, before he .shall enter into the duties 
 of his office, take and subscribe an oath or affirmation to the effect 
 following, that is to say : 
 
 " I, A. B., do swear (or affirm, wliere the party is entitled to affirm 
 "instead of swear) that I am a natural born (or naturalized) subject of 
 
Township or 
 lagein wnich 
 ) the business 
 [ht days after 
 being deemed 
 
 lispute of and 
 ries orconces- 
 3 said Munici- 
 of each of the 
 tnation to any 
 lined touching 
 person falsely 
 ifilful and cor- 
 
 lUage, Town or 
 Town or City 
 3 aforesaid, and 
 and Returning 
 who shall be 
 1, shall, before 
 m oath or affir- 
 
 irtyis entitled to 
 ipartialiy, to the 
 of (inscrtinf; the 
 pointed) in this 
 id and will not 
 the exercise of 
 ion of the said 
 
 rery Municipal 
 ty of this Act, 
 Jourt of Law or 
 which shall at 
 or by the Chief 
 is chambers, or 
 limits of such 
 ;e Magistrate of 
 ^ounty 01 Town 
 or in the case of 
 
 the County in 
 . there shall be 
 n such limits at 
 
 ion, inlhepre- 
 lourts, Justices, 
 s of the Peace, 
 d to administer 
 :ate of the same 
 
 hall be elected 
 a qualilication 
 into the diUie-! 
 to the effect 
 
 ttitled to affirm 
 f.ei\) subject of 
 
 MISCELLANEOUS PROVISIONS. 
 
 "Her Majesty ; that I am truly and bona fide seized to mv own use and 
 " benefit, of such an estate (specifying the natxire of such estate, and if 
 " land, designating the same by its local description, rents, or othervnse) as 
 '* doth qualify me to act in the office of (naming the office) for (naming tfie 
 "place for which sv*-h person is elected or appointed) according to the true 
 " intent and meaning of a certain Act of the Parliament of this Province, 
 " passed in the year of the reign of Her 
 
 " Majesty Queen Victoria, chaptered {inserting the chapter of this Act) 
 " and intituled, An Act, &c. (inserting the title cf this Act). So help me 
 " God." 
 
 CXXX. And be it enacted, That each and every qualified person 
 duly elected or appointed to be a Police Trustee of any police village, 
 or Councillor or Townreeve of any Township or Village, or a Councillor, 
 Alderman, or Mayor of any Town or City, or a To'" hip, Village, Town, 
 or City Assessor or Collector, who shall rei <e i. ffice, or who shall 
 refuse or neglect to take the oath or a< -ation ffice and that of 
 quali^cation, under this Act, within twenty days after he shall be so 
 elected or appointed, and have had notice of such election or appoint- 
 ment, and every person duly authorized to administer such oath or 
 affirmation who shall refuse to administer the same when such admin- 
 istration is reasonably demanded of him, shall, upon conviclion thereof 
 before any Court of competent jurisdiction, forfeit and pay not more than 
 twenty pounds, and not less than two pounds, at the discretion of the 
 Court, and to the use of Her Majesty, Her Heirs and Successors, 
 
 "together with such costs of prosecution as shall be adjudged by the 
 Court: Provided always, that no person who shall have served in any 
 
 'of the said offices for the year next before any such election or appoint- 
 ment, shall be obliged to serve or be sworn into the same or any other 
 
 .'of the said offices for the year succeeding such service. 
 
 )y CXXXI. And be it enacted. That all persoiio over sixty years of age, 
 all members of the Legislative Council, and of the Legislative Assembly, 
 ' all Officers and others in the service of the Crown, either civil or military 
 ; on full pay, all Judges, Sheriffs, Coroners, Gaolers, and Keepers of 
 houses of correction, all persons in Priest's orders, Clergymen and Min- 
 isters of the Gospel of any denomination, all members of the Law Society 
 of Upper Canada, whether Students or Barristers, all Attornies and 
 Solicitors in actual practice of their professions, all Officers of Courts of 
 Justice, all Members of the Medical profession, whether Physicians or 
 Surgeons, and all Professors, Masters, Teachers, and other Members of 
 any University, College or School in Upper Canada, and all Officers and 
 Servants thereof, and all Millers, and Firemen belonging to any regular 
 l^ire Company, shall be and are absolutely free and exempt from being 
 ■lected or appointed to any Corporate Office whatsoever. 
 
 iv CXXXII. And be it enacted. That no Judge of any Court of civil 
 jrisdiction, no Naval or Military Officer on full pay, and no person 
 iceiving any allowance from the Township, County, Village, Town or 
 my, (except in the capacity of Councillor, or in capacities incident 
 lereto,) and no person having by himself or partner any interest or share 
 in any contract with or on behalf of the Tov-nship, County, Village, 
 Town or City, in which he shail reside, shall be qualified to be, or "be 
 ©lected Alderman or Councillor for the same, or for any Ward therein. 
 
 1; CXXXIII. And be it enacted. That no person shall be qualified to be 
 ifippointed Assessor for any Township, Village or Ward, who shall be a 
 ^pouncillor of such Township or Village, or of the Town or City in which 
 |«ch Ward shall be situate, or an Alderman or Councillor of the City in 
 ■^^hich such Ward is situate, nor shall any person be appointed such 
 Lssessor unless he shall, at the time of his election or appointment, bo 
 
 41 
 
 Pcnnlly for 
 refusal to take 
 office or oattir, 
 tee. 
 
 Proviso n» to 
 persons hiiviiig 
 served in bucIi 
 otiicca. 
 
 Certain persona 
 cxeiiipicd from 
 serving in any 
 Corporate Olfice. 
 
 Certain person a 
 disqualified from 
 being elected 
 Alilerinen or 
 Councillors. 
 
 Who may not lio 
 an Ass^.-sor, and 
 qualificntioii of 
 an As8ei<9or. 
 
 I 
 
 I i 
 
42 
 
 MUNICIPAL CORPORATIONS. 
 
 One Assessor 
 iniiy lie nppoint- 
 «d ibr iiioru than 
 one Word. 
 
 Ah to (|imlincn- 
 tioii or Justices 
 or the Peace. 
 
 No property 
 qunliticatioii 
 required by a 
 Warden, Mayor, 
 &c. 
 
 Appointment of 
 one or more 
 Coroners for each 
 City and Town. 
 
 Police Trustee?, 
 tec, to be llcnlih 
 Officers under 
 ActofU. C. 5 
 W. 4 c. in, or 
 any luture Act. 
 
 Proviso : they 
 may delegate 
 their powers as 
 «ucli. 
 
 Frovision with 
 icspect to exist- 
 ing Market 
 places. 
 
 Corporations 
 may purcliuse 
 property beyond 
 limits of towns, 
 ■&C., for Indus- 
 trial Farms, 
 which shall, 
 with regard to 
 Jurisdiction be 
 ileemed within 
 «uch Towns. 
 
 seized or possessed to his own use, of properly sufficient to qualify him 
 to be elected a Councillor for such Township or Village, or the Town or 
 City in which such Ward shall be situate. 
 
 CXXXIV. And be it enacted, That nothing in this Act contained, 
 shall prevent any person from being appointed Assessor or Collector for 
 more than one Ward in any City or Town. 
 
 ('XXXV. And be it enacted. That each and every Justice of the 
 Peace for any of the said Towns shall be qualified in the same amount 
 of property, and shall take the same oaths as are required of other Jus- 
 tices of the Peace. But no Warden of any County, Mayor, Recorder, 
 Police Magistrate, or Alderman of any City, Mayor or Police Magistrate 
 of any Town, or Townreeve of any Township or Village, shall require 
 any property qualification to enable him lawfully to act as a Justice of 
 the Peace, nor shall any other oath be required of him than his oath of 
 office as such Warden, Mayor, Recorder, Police Magistrate, Alderman, 
 or Townreeve, and the oath of qualification for such office ; any law to 
 the contrary notwithstanding. 
 
 CXXXVI. And be it enacted, That one or more Coroners shall and 
 may be appointed for every City and Town that shall be or continue 
 incorporated as such under the authority of this Act. 
 
 CXXXVII. And be it enacted. That the Police Trustees of every 
 unincorporated Police Village, and the Members of the Municipal 
 Corporation of every Incorporated Village, and of every Township, Town 
 and City in Upper Canada, shall be Health Officers within the jurisdic- 
 tion of such Police Villages or Municipal Corporations, within and under 
 the provisions of the Act of tho Parliament of the late Province of Upper 
 Canada, passed in the fifth year of the reign of His late Majesty King 
 William the Fourth, intituled. An Act top-omole the Public Health, and 
 to guard against infectious diseases in this Province, and under any Act 
 that may be hereafter passed in the present or any future Session of the 
 Parliament of this Province for the like purpose : Provided always, 
 nevertheless, that the Municipal Corporation of any of such Townships, 
 Villages, Towns or Cities shall and may by a By-law to be passed for 
 that purpose, delegate the powers hereby conferred upon them, either to 
 a Committee of their own Members, or to some of their own Members 
 and others, or wholly to persons who are not Members of such Corpora- 
 tion, as in their discretion they shall think best. 
 
 CXXXVIII. And be it enacted, That the places already established 
 by competent authority as markets or market places in the several 
 Villages, Towns and Cities in Upper Canada, shall be and remain 
 markets and marketplaces with all the privileges attached thereto until 
 otherwise directed by competent authority in that behalf, and all market 
 leservations or appropriations which by Act of Parliament or otherwise 
 shall have been and shall then continue vested in the Municipal author- 
 ity of any such Village, Town or City, or in Trustees for their use and 
 benefit at the time this Act shall come into force, shall be and the same 
 are hereby vested in the Municipal Corporation of such Village, Town 
 or City erected under this Act. 
 
 CXXXIX. And be it enacted. That notwithstanding any thing herein 
 contained, it shall and may be lawful for the Municipal Corporation of 
 any Town or City to purchase, have and hold, and at their pleasure to 
 sell, dispose of and convey such landed property beyond the limits of 
 such Town or City and the Liberties thereof as shall or may, in their 
 judgment, be necessary for the purpose of an Industrial Farm for such 
 Town or City, which Industrial Faim with all the buildings, erections 
 and improvements so to be purchased as aforesaid, shall, with regard to 
 jurisdiction only, be deemed and taken to be within the limits of such 
 
 
I to qualify him 
 , or the Town or 
 
 Act containecl, 
 or Collector for 
 
 ' Justice of the 
 16 same amount 
 eel of other Jua- 
 [ayor, Recorder, 
 'olice Magistrate 
 50, shall require 
 :t as a Justice of 
 than his oath of 
 irate, Alderman, 
 Rce ; any law to 
 
 ironers shall and 
 1 be or continue 
 
 'rustees of every 
 f the Municipal 
 Township, Town 
 thin the jurisdic- 
 within and under 
 'rovince of Upper 
 te Majesty King 
 Public Health, and 
 [d under any Act 
 re Session of the 
 rovided always, 
 such Townships, 
 
 to be passed for 
 )n them, either to 
 ir own Members 
 
 of such Corpora- 
 
 eady established , 
 s in the several 
 be and remain 
 hed thereto until 
 ', and all market 
 lent or otherwise 
 lunicipal author- 
 br their use and 
 56 and the same 
 h Village, Town 
 
 any thing herein 
 al Corporation of 
 their pleasure to 
 ind the limits of 
 .. may, in their 
 .1 Farm for such 
 Idings, erections 
 1, with regard to 
 le limits of such 
 
 f MISCELLANEOUS PROVISIONS. 
 
 jTown in the case of Towns, and within the Liberties of such City, in the 
 fcase of Cities, and within the jurisdiction of such Town or City for all 
 isuch purposes. 
 
 \ CXL. And be it enacted, That it shall and may be lawful for the 
 "Mayor, Recorder, Police Magistrate, or any two Aldermen or Justices of 
 rthe Peace for any Town or City erected or to be erected under the 
 (Authority of this Act, to commit to hard labour at, or send to such Indus- 
 Irial Farm, under such regulations as shall be established for the 
 
 Bovernment thereof, any or such description of persons as may by the 
 y-lawH of the Corporation of such Town or City, from time to time, be 
 •dopted or declared expedient or necessary. 
 
 '/ CXLI. And be it enacted. That notwithstanding any thing hereinbe- 
 (bre contained, it shall and may be lawful for the Municipal Corporation 
 of any Village, Town or City to purcheise. have and hold such and so 
 much real property lying as well beyond as within the limits of such 
 yiilage, Town or City, or the Liberties thereof, as in their judgment 
 ■ihali or may from time to time be or become necessary for the purpose 
 •f one or more public Cemeteries for the interment of the dead : Provided 
 always nevertheless, firstly, that the title to every such Cemetery shall 
 be obtained or accepted by such Municipal Corporation uncfer the 
 iXUthority of a By-law of such Corporation to be passed for that purpose, 
 in which By-law such property shall in express terms be appropriated 
 ibr the purpose of such Cemetery, and no other: And provided also, 
 . Kcondly, that it shall not be in the power of any such Municipal Cor- 
 jporation, at any time thereafter, to repeal any such By-law, or to make 
 41' suffer to be made any other use of the property so obtained or accepted 
 #an for the purpose of such Cemetery : And provided also, thirdly, that 
 #very such Cemetery, although lying beyond the limits of such Village 
 Town or City as settled by this or any other Act of Parliament, or by any 
 Jtroclamation to be issued under the authority of the same, shall, from 
 me time that the title shall become vested in such Corporation, cease to 
 Be a part of the Township within which it shall lie, and shall become 
 llpd be a part of such Village, Town or City to all intents and purposes 
 11(1 if such Cemetery lay within the limits of such Village, Town or City 
 ]f| settled by luch Act or Proclamation. 
 
 CXLII. And be it enacted, That notwithstanding any thin^ herein 
 Mntained, it shall and may bo lawful for the Municipal Corporation of 
 any Village, Town or City, to purchase, have and hold, and at their 
 pleasure to sell, dispose of and convey such landed property as well 
 beyond as within the limits of such Village, Town or City or the Liber- 
 J|ps thereof, as shall or may in their judgment be necessary for the 
 |||rpose of one or more magazines for the deposit and safe keeping of 
 Mnpowder, so as to prevent danger therefrom to any such Village, Town 
 -^"^ity. 
 
 or 
 
 '^XLin. And be it enacted. That every Municipal Corporation erected 
 OFto be erected under the authority ofthis Act, at the first meeting of 
 au6h Corporation in each year next after the Head ofsuch Municipal Cor 
 poftition for such year shall have been elected and sworn into office, shall 
 appoint two persons to be and to be called Auditors of such Corporation, 
 ^6 of whom shall be appointed on the nomination of the Head of such 
 '©irporation, and the other in the same manner as other Municipal 
 ^ficers are appointed : Provided always, firstly, that no person shall be 
 pointed such Auditor who shall be a Member of such Corporation or 
 J Clerk or Treasurer thereof, or who shall have been such Member, 
 jrk or Treasurer for the preceding year, nor any person who then shall 
 41^0 had for such precedingyear, or shall then havetdirectly or indirectly 
 ^ himself or in conjunction with any othci person, any share or interest 
 
 43 
 
 Mnyor, &c.,m.iy 
 ciiiiiiiiil to linnl 
 luhour on Iiuluf- 
 trlal l''ariiiii. 
 
 Corporntioiis 
 inny purcliniie 
 real property for 
 ccineteriei. 
 
 Proviso : tlio 
 title to cemetery 
 to )je obtained 
 under a I}y-law. 
 
 Proviso : no 
 such By-lnw to 
 be repecl'jd, &e. 
 
 Proviso : siicli 
 comeieries tlio' 
 out of tlic Town, 
 &c, to be deemed 
 part thereof, &c. 
 
 Corporations of 
 Cities, &c., may 
 piirclinfc pro- 
 perty beyond tlio 
 limits of such 
 ciiies, &c., for 
 powtler.niaga- 
 zines. 
 
 Two Auditors 
 to beappoiiiteil 
 by every Munici- 
 pal Corpuration. 
 i'rovlso : wlio 
 shall not be 
 appointed 
 Auditors. 
 
 Proviso : Audi- 
 torn to tnlce au 
 oatli. 
 
44 
 
 MUNICIPAL CORPORATIONS. 
 
 "i 
 
 in ftiiy contract or employment with, by or on behalf ofsuch Corporation ; 
 And provided also, Becondly, thai no person appointed an Auditor for 
 such Corporation shall l>o cupahle of acting as such, until he shall have 
 prnviously made and subscribed before the Head of such Corporation, an 
 ..an or amrmntion in the words or to the effect following, that is to say : 
 
 Theoach. « i^ A. B., having been appointed to the office of Auditor for the 
 
 " Municipal Corporation of do hereby promise and swear, 
 
 " that I will faithfully perform the duties of such office according to the 
 ** b(38t of my judgment and ability ; and I do swear and declare, that I 
 " had not directly or indirectly any share or interest whatever in any 
 "contractor employment with, by, or on behalf of such Municipal Cor- 
 " poration during the year preceding my appointment, and that I have 
 " not any contract or employment for the present year. So help me God." 
 
 CXLIV. And be it enacted, That it shall be the duty of such Auditors 
 to examine, settle and allow or report upon all accounts which may be 
 chargeable upon or may concern such Coiporation, and which may 
 relate to any matter or thing under the control oft or within the jurisdic- 
 tion of such Corporation for the year ending on the thirty-first day of 
 December preceding their appointment as such Auditors ; and to publish 
 a detailed statement of the receipts and expenditures and liabilities of 
 such Corporation in two newspapers published within the jurisdiction 
 thereof, or in those nearest thereto ; and to file their report thereon in 
 duplicate in the Office of the Clerk of such Municipal Corporation, which 
 they shall do in at least one month after their appointment, and from 
 thenceforth one of such duplicate reports shall at all seasonable hours 
 bo open to the inspection of any inhabitant of such Township, County, 
 Village, Town or City, with power to take by himself, or his clerk or 
 agent, but at his own expense, a copy or copies or an extract or extracts 
 from the same at his pleasure. 
 
 CXLV. And be it enacted, That as'to all ferries over which jurisdic- 
 tion is not by this Act confeired either upon the Municipal Council ot 
 some County or the Common Council of some City, and in all cases in 
 which such jurisdiction is hereby conferred, but in which no By-law 
 shall have been passed by such Municipal Councilor Common Council, 
 and assented to as hereinbefore provided, for the regulations of such 
 ferry, and until such By-law shall be passed and assented to as afore- 
 said, it shall and may be lawful for the Governor of this Province, in 
 Council, from time to time, to regulate such ferries, and to establish the 
 rates oi pay or hire to be taken by the owners or conductors of the boats 
 or vessels employed on such ferries. 
 
 CXLVI. And be it enacted, That at the instance of any relator 
 liaving an interest as a candidate or voter in any election to be held 
 under the authority of this Act, a Writ of Summons, in the nature of a 
 </M0 uwran/o, shall lie to try the validity of such election, which Writ 
 shall issue out of Her Majesty's Court of Queen's Bench for Upper 
 Canada, upon an order of that Court in term time, or upon the fiat of a 
 Judge thereof in vacation, upon such relator, shewing upon affidavit to 
 such Court or Judge reasonable grounds for supposing that such election 
 was not conducted according to law, or that the party elected or returned 
 thereat, was not duly or legally elected or returned. And upon such 
 Pt'curiiy. relator entering into a recognizance befoie the ^aid Court or any Judge 
 
 thereof, or before any Commissioner, for taking bail in such Court, him 
 self in the sum of fifty pounds, and two sureties to be allowed as 
 sufficient upon affidavit, by such Court or Judge, in the sums of twenty- 
 five pounds each, conditioned to prosecute with effect the Writ to be 
 issued upon such order or fiat, and to pay to the party against whom the 
 same shall be brought, his executors or administrators, all such costs as 
 
 Aiiilitort 10 
 cxnmiiic nil 
 nccounts riKninit 
 or concerning 
 Corporntioii. 
 
 To publish a 
 BtnUMiieiit of 
 expenditures and 
 linbililicsof 
 Cor|H}raUon. 
 
 Anil fll« n dupli- 
 cate report 
 thereon with the 
 CIcrIt of the 
 Corporation. 
 
 Governor in 
 roiincil 10 rt'gu- 
 Inle ferries over 
 which this Act 
 does not confor 
 jurisdiction upon 
 Alunicipal 
 Counciib &.C, 
 
 Writ of Sum- 
 mons in nature 
 of 9U0 tcarraiilo 
 to ii^sue lor the 
 tria! of' contro- 
 verted elections. 
 
 I 
 
 i", 
 
 f such first 
 
 proceed 
 
 . judgmen 
 
 i CL. A 
 
 ■:. to cause 
 ' Election 
 validity ( 
 into the f 
 or affirms 
 or by issi 
 tried by 
 ; Civil Jur 
 liovvever 
 i such elec 
 ^. of onquir 
 
 ^ CLI. J 
 
 ! shall issn 
 ^ihe posse 
 i! beinj 
 4 said. 
 
 ^i^?9§t"iy" 
 
 ^r 
 
 ;:-«Beffi^«r;-!^ 
 
MISCELLANEOUS PUOVISIONS. 
 
 45 
 
 h Corporation ; 
 in Auditor for 
 I he shall have 
 :)orpora(ion, an 
 that is to say : 
 
 Luditor for the 
 SB and swear, 
 !Cording to the 
 leclare, that I 
 latever in any 
 l^unicipal Cor- 
 d that I have 
 help me God." 
 
 ■ such Auditors 
 vhich may be 
 d which may 
 n the jurisdic- 
 ty-first day of 
 and to publish 
 d liabilities of 
 he jurisdiction 
 lort thereon in 
 loration, which 
 lent, and from 
 asonable hours 
 nship, County, 
 If his clerk or 
 ract or extracts 
 
 Fhich jurisdic- 
 
 )al Council ol 
 
 in all cases in 
 
 ch no By-law 
 
 nmon Council, 
 
 ations of such 
 
 I to as afore- 
 
 Province, in 
 
 establish the 
 
 rs of the boats 
 
 )f any relator 
 (0 be held 
 le nature of a 
 wliich Writ 
 ch for Upper 
 
 the fiat of a 
 9n afhdavit to 
 
 such election 
 3d or returned 
 id upon such 
 
 or any Judge 
 h Court, him 
 allowed as 
 ms of twenty- 
 
 e Writ to be 
 nst whom the 
 
 such costs as 
 
 shall be adjudged to such parly against him tho said relator, thereupon 
 such Writ shall be issued accuidingly : and the said Writ shall be 
 returnable upon the eighth day after that on which it shall be served on 
 such party by tho delivery of a copy thereof to him pursonally, or in the 
 manner hereinafter provided for befoio some one of the Ju(lges of the 
 said Court at Chambers, which Judge shall have power, upon proof by 
 afiidavit of such personal or other service, and he is hereby remu'ed to 
 proceed in a summary manner upon statement and answer, and without 
 formal pleadings, to hear and determine the validity of such election, 
 and to award costs against the relator or defenilant upon such Writ an 
 he shall deem just. 
 
 CXLVII. And be it enacted, That on the first day on which such 
 Court shall sit after such judgmcut shall be given bv sucii Judge, whether 
 fiuch day shall be in the same or the following Term, the said Judge 
 shall deliver such Writ and judgment with all things had before him 
 touching the same into such Court, there to remain of record as a judg- 
 ment ofthe said Court, as other judgments rendered therein, and such 
 judgment shall thereupon be enforced by peremptory Mandamus and 
 by such Writs of Execution for the costs awarded by such judgment as 
 occasion shall or may require. 
 
 CXLVIII. And be it enacted, That in case the party against whom 
 such Writ of Summons shall bo brought, shall keep out ofthe way to 
 avoid personal service thereof on him as aforesaid, it shall and may be 
 lawful fur the Judge before whom the same is returnable, upon being 
 satisfied thereof upon afiidavit, to make an order for the service of such 
 Writ either by the leaving a copy thereof at tho dwelling-house of such 
 party with his wife or other grown-up person there, or in any other 
 manner that such Judge shall deem the ends of justice to require accord- 
 ing to the circumstances laid before him upon affidavit for that purpose, 
 and upon service of such Wrh being made according to such order and 
 pioof thereof by affidavit, it shall be lawful for such Judge and he ia 
 hereby required to proceed thereupon as if the said Writ of Summons had 
 been served personally on the party. 
 
 CXLIX. And be it enacted. That where two or more of such Writs 
 be brought to try the validity of the same election, all such Writs after 
 the first shall be made returnable before tho same Judge before whom 
 such first writ shall have been made returnable, and such Judge shall 
 proceed upon such Writs by giving separate judgments upon each, or one 
 judgment upon all, as the justice of the case may in his opinion require. 
 
 CL. And be it enacted, That it shall be lawful for every such Judge 
 to cause the Collector'^ Hulls, Poll Books and any other Records of such 
 Election to be brought before him by Certiorari, and upon the trial ofthe 
 validity of such election upon any such Writ, such Judge shall enquire 
 into the facts to be established by personal evidence either by affidavit 
 or affirmation, or by oral testimony taken before him as at Nisi Priiis, 
 or by issues to be framed by him for that purpose, and to be sent to be 
 tried by Jury by Writ of Trial to be directed to such Inferior Court of 
 Civil Jurisdiction as shall be named by such Judge for that purpose, not 
 however being one having jurisdiction in or over the locality for which 
 such election shall have been held, or by one or more of those methods 
 of enquiry as such Judge shall deem the ends of justice to require. 
 
 CLI. And be it enacted. That no ikfanda/ni« or other Writ of Execution 
 
 shall issue upon any such judgment until the same shall have been in 
 
 the possession ofthe Court for four days in term time, one of such days 
 
 being that on which the same shall have been so delivered in as afore- 
 
 : said, nor while any rule shall be pending for the reversal or alteration 
 
 joi such judgment by such Court as hereinafter provided. 
 
 Return of Writ 
 ami procL'cUiiigt 
 thereon. 
 
 Cosli. 
 
 On (Irhl Court 
 (liiy after jinlg- 
 iiiciit Juiluu slinll 
 (tuliver writ nnJ 
 Jii(l|(inc>it into 
 Court, niid tlio 
 siMiietili.'ill lie 
 eiilbrccil liy per- 
 uiiijitory Manila- 
 mils 6lc. 
 
 Ilow nervice of 
 Itio AVril limy Iju 
 inude when the 
 party kecim out 
 ofthe wiiy. 
 
 ProviKJon when 
 several Writs 
 ibHue to try tlie 
 same electioii, 
 
 Judge in^y cause 
 Collector's RoIIh, 
 Poll Hooks, &-C., 
 to lie liroufihl 
 licforc him liy 
 certiorari, niul 
 ascertain facts 
 by evidence, &c. 
 
 Expcuiion not to 
 issue till four 
 days in term 
 time after judg- 
 ment. 
 
48 
 
 MUNICIPAL CORPO) ATIONS. 
 
 •i' (■ 
 
 11 
 
 i! 
 
 JiiilRiiicnti (c lj« 
 exainlimhlo In 
 term ilnir un 
 it|i|ilirnitoiinin(lr 
 wiihiii lour (layi. 
 
 Court ofQ, B. to 
 ■ottle forini of 
 Writ* of 8uin- 
 moiiii, nrneilcet 
 cunt', lie. 
 
 Provlnion when 
 tliuro in 110 pro- 
 pur Odlcor to hold 
 an election. 
 
 Froviio. 
 
 Pnrties interest- 
 ed may reijuirc 
 of Town Clerkp, 
 Sic, copiun of 
 ily-Iuw8 on pny- 
 ing tt rcaHonalile 
 fee therefor. 
 
 Court of a. B. 
 nmy be moved to 
 quash any By- 
 law. 
 
 Proceedingi 
 tlicreon. 
 
 Provinion as to 
 actions for things 
 
 CLII. And be it enacled, That every such preliminary judgment, lo 
 lo be ii'weii by any such Judge ns aforesaid, .<ha)l be examinable by 
 such Court in term time, on an application for that purpose made within 
 such four days, either by the party against whom such preliminary 
 judgment was given, or by any other party interested either aa Voter or 
 Candidate in such election, and the same may be thereupon reversed, 
 altered or afiirmed by suclt Court either with or without costs to be paid 
 by the party against whom the decision of the Court upon such appli- 
 cation shall be ^iven, as in the judgment of such Court the Law of the 
 Land shall require. 
 
 CLIII And bo it enacted. That it shall and may be lawful for Her 
 Majesty's said Court of Queen's Bench for Upper Canada, by any rule 
 or ruleH to be by such Court made for that purpose in term time, to settle 
 the forms of such Writs of Summons, Certiorari^ Mandamus and execu- 
 tion as aforesaid, and to regulate the practice respecting the suing out 
 service and execution of such Writs, and the punishment of those guilty 
 of contempt in disobeying the same, and also <renerally for the regiila- 
 lation of the practice as well at Chambers as in Banc, in hearing and 
 determining the validity of such elections as aforesaid, rnd the allow- 
 ance of costs thereupon, and also from timo to time by any new rule or 
 rules to be made as aforesaid, to rescind, alter or amend such rule or 
 rules or make others in lieu thereof, in like manner as they are now by 
 Law empowered to do Tor the rej^ulalion of the practice of the Court in 
 matters within its ordinary jurisdiction. 
 
 CLIV. And be it enacted, That if the person whose duty it shall be, 
 according lo the provisions of this Act, or by virtue of any appointment 
 made under it, to hold any election under the authority of tne same, 
 shall be absent at the lime appointed for any such election, or if there 
 shall be no such person, or such person be dead, it shall be lawful for 
 the persons then and there assembled and entitled to vote at such elec- 
 tion, to appoint from amongst themselves a Returning Officer, who 
 shall forthwith proceed to hold such election in lieu of such other first 
 mentioned person : Provided always, nevertheless, that the appointment 
 of such substituted Returning Officer shall not be made until at lea»t 
 one hour after the hour appointed by lawful authority for commsncing 
 the proceedings at such election. 
 
 CLV. And be it enacted, That it shall be lawful and competent to 
 and for any resident of any Township, Village, Town, City or County in 
 Upper Canada aforesaid, in which any By-laws shall be passed, or for 
 any other person having an interest in the provisions of such By-law, to 
 apply by himself, or by his Attorney, for a certified copy of such By- 
 law, and the Township, Town, Village, County or City Clerk shall, 
 upon such application and upon payment to him of his fee therefor, 
 within a reasonable time, furnish a copy of such By-law certified under 
 his Hand and the Seal of the Municipal Corporation of which he is the 
 Officer, and the Court of Queen's Bench for Upper Canada may be 
 moved, upon production of such copy, and upon affidavit that the 8.irae 
 is the copy received from such Township, Town, Village, County or 
 City Clerk, to quash such By-law ; and if it shall appear to the said 
 Court, that such By-law is in the whole or in part illegal, it shall and 
 may be lawful wpon proof of service of a rule upon the Corporation, to 
 shew cause, within not less than eight days after such service, why 
 such By-law should not be quashed in the whole or in part, to order 
 such By-law to be quashed in the whole or in part: and if it shall 
 appear to the said Court that such By-law is legal, in the whole or in 
 the part complained of, lo award costs in favour of the Corporation, or 
 otherwise against such Corporation ; and that no action shall be sustained 
 for or by reason of any thing authorized to be done under any such By- 
 
 I 
 
 law. 
 be (101 
 viousi 
 persoi 
 tende 
 plead) 
 and m 
 Plain 
 that tl 
 
 V^k 
 
 ■■^^matHKm 
 
'1! 
 
 M18CELLANR00S PROVISIONS. 
 
 47 
 
 judgment, to 
 aminable by 
 made within 
 preliminary 
 irai Voter or 
 ion reversed. 
 sts to be paid 
 n such uupli- 
 e Law 01 tlie 
 
 wful for Hep 
 I, by any rulo 
 time, to settle 
 m and execU' 
 the suing out 
 if those guilty 
 )r the regula- 
 i hearina and 
 nd the allow- 
 y new nilo or 
 1 such rule or 
 ly are now by 
 if the Court in 
 
 ty it shall be, 
 
 y appointmont 
 
 of tne same, 
 
 on, or if there ' 
 
 Ibe lawful for 
 
 at such elec- 
 
 Officer, who 
 
 ich other first 
 
 appointment 
 
 until at leasft 
 
 commsncing 
 
 competent to 
 or County in 
 passed, or for 
 By-law, to 
 of such By- 
 Clerk shall, 
 fee therefor, 
 rtified under 
 ich he is the 
 ada may be 
 lat the same 
 J, County or 
 to the said 
 it shall and 
 jrporation, to 
 service, why 
 art, to order 
 d if it shall 
 1 whole or in 
 jrporation, or 
 I be sustained 
 Lny such By- 
 
 
 Aint^ndi mny b« 
 U-iiilcrcd. 
 
 Snvliri ofprmpiit 
 Hv-lnwn ot' exlm- 
 lii, t'oriioratloni 
 iiiitii .'•.'(leulud 
 
 Provino : next 
 
 |ir(.'C(.'ilinn«('ClKiii 
 U) apply to ilieni. 
 
 Frovlio. 
 
 Ri'turiiing 
 Officer* to net 
 ni Coiiaervntori 
 of the I'ciicc dur- 
 ing elcctioiii. 
 
 law. unless such By-law or the part thereof ntuler which the same shall done under Iiy 
 be done, shall be (|uashud in muniior aforoHaid one calendar month pre- '''**•* 
 viously to the bringing such action ; and if such Corporation, or any 
 person sued fur acting under such By-law, shall cause amends to be 
 tendered to the PlainlifT or his AttoriioV} and upon. such tender b(>ins 
 pleaded, no more than the amends tendered shall be recovered, it shall 
 and may be lawful for the said Court to award no costs in favour of the 
 Plaintitf, and to award costs in favour of Iho Dofundant, and to adjudge 
 that the same shall be deducted out of the amount of tho verdict. 
 
 CLVI. And be it enacted, That all the By-laws of the different Muni- 
 cipal Corporations in Upper Canada romainina unrepealed at the time 
 this Act is appointed to come into force shalf continue in force until 
 amended, altered or repealed by some By-law or By-laws to bo passed 
 for that purpose by the Municipal Corooralion by this Act substituted for 
 such former Municipal Corporation ; Provided always nevertheless, that 
 the provision contained in the next preceding section of this Act, fur 
 trying the validity of By-laws to be passed by the Municipal Cor- 
 
 [lorations erected under this Act, shall extend trul apply to all such By- 
 aws of such former CorporationH, and shall and ii»ay be certified by the 
 E roper Officer of the Corporation erected under this Act, as if they had 
 een By-laws passed under the authority of the same ; Provided always 
 nevertheless, that nothing herein contained shall extend or be construed 
 to extend to oontirin or render valid any By-law which would not have 
 been valid had this Act not been passed. 
 
 CLVII. And be it enacted, That each and every Returning Officer 
 who shall hold.any election under this Act, shall, during such election, 
 act as a Conservator of the Peace for the County in which such election 
 shall be holden, and he or any Justice of tho Peace for such County, or 
 for the Town or City in which such election shall be holden, shall and 
 may arrest or cause to be arrested, and may try summarily, imprison or 
 bind over to keep the peace or for trial, or cause to be summarily punished 
 by line or imprisonment, or both, any riotous or disorderly person or 
 persons who shall assault, beat, molest or threaten any voter or elector 
 coming to or going fro^n such election ; and when thereunto required, all 
 Constables and other persons present at such election, are enjoined to be 
 assisting such Returning Officer and such Justice or Justices of the 
 Peace, on pain of being held guilty of a misdemeanor ; and such Return- 
 ing Ollicer or such Justice or Justices shall and may, when he or 
 they consider it necessaiyj appoint and swear in any number of 
 Special Constables to assist m preserving the peace and order at such 
 election. 
 
 CLVIII. And be it enacted, That any person liable to serve the office Pennitv aKninst 
 of Constable, and so required to be sworn in as Special Constable by losr^.- .';,. ^',6? 
 any such Returing Officer, shall, if he shall refuse to be sworn in as cint ». o • ;abie«. 
 such, be liable to a penalty of five pounds currency, to be recovered to 
 his own use in any Court of competent jurisdiction, by him who will sue 
 for the same. 
 
 CLIX. And be it enacted, That each election to be held under this 
 Act shall commence at the hour of eleven of the clock in the forenoon 
 of the day for which such election is appointed, and may be held until 
 the hour of four of the clock in the afternoon of the same day, and may Adjournment*, 
 then be adjourned until ten of the clock in the forenoon of ihe next day, 
 and cotitinue until four of the clock in the afternoon of such second day, 
 unless the Returning Officer shall see that all the electors intending to 
 vote have had a fair opportunity of being polled, and one full hour at one 
 time shall have elapsed, and no qualified elector shall, during such time, ^L"° (■•lector 
 give or tender his vote, free access being allowed to electors for such one'hour'"" " 
 
 Coii*tnblP!i, he, 
 to assist if 
 required. 
 
 Ilourfl or liolding 
 elections. 
 
 '1 
 
 <w 
 
48 
 
 MUNICIPAL CORPORATIONS. 
 
 Returning Offi- 
 cer 10 keep Poll 
 Book, nnd in 
 what form. 
 
 He Khali declare 
 file Candidates 
 elected. 
 
 And shall have a 
 casting vote in 
 case of lies. 
 
 I'roviso : he 
 Khali not otiier- 
 wise vote- 
 
 Returning Offi- 
 cer to return Poll 
 Book to Town 
 Clerk, Stc, after 
 election. 
 
 If the person 
 elected refuses to 
 tnke office, a 
 Warrant shall 
 ii-Bue for a new 
 election. 
 
 Proviso: theCor- 
 po'ation may im- 
 mediately pro- 
 ceed to business. 
 
 Vacancies in 
 Municipal Cor- 
 porations how to 
 Lu tilled. 
 
 Proviso r!s to 
 terms of ofTicc. 
 
 As to notice of 
 siiccial elections. 
 
 purpose, in which case he may close the election at four o'clock of the 
 finst day, or at any time before that hour on the second day. 
 
 CLX. And be it enacted, That the Returning Officer at each of the 
 said elections at which a poll shall be called for, shall keep a poll book, 
 ill which he, or his sworn Poll Clerk shall enter in .separate columns the 
 names of each of the persons proposed and seconded as candidates by 
 any electors present at such election ; and opposite to such columns, he 
 shall write the names of the several electors offering to vote at such 
 election, and in the respective columns in which are entered the name 
 of the candidate voted for by each voter, he shall set the number one, 
 and at the close of the poll such Returning Officer shall add up the num- 
 ber of voters for each candidate sat dewn in their respective columns, 
 and he shall declare which of the said candidates have the highest num- 
 ber of votes, beginning with the one having the greatest number, and 
 so on until the whole numberof candidates to be elected at such election, 
 having a greater number of voles in favor of each respectively than the 
 remaining candidates shall appear, and he shall publicly declare the 
 requisite number of candidates duly elected ; and if any two or more 
 candidates shall appear to have an equal number of votes, by reason of 
 which equal number the election appears undecided, the Returning 
 Officer, whether otherwise qualified or not, shall give a vote for one or 
 more of the candidates having equal numbers, so as to decide the elec- 
 tion ; Provided always, that no Returning Officer under this Act shall 
 vole at any election which it shall be his duty to hold, except in the case 
 of such equality of votes as aforesaid. 
 
 CLXl. And be it enacted, That after the close of any such eleclioii, 
 the Returning Officer shall return the poUbook to the Township^ Village, 
 Town or City Clerk of the Township, Village, Town or City m which 
 the election has been holden, with an affidavit or afiirmation thereto 
 annexed, that such poll book contains a faithful and true statement of 
 the poll, and with a certificate that certain persons, naming them, have 
 been duly elected. 
 
 CLXII. And be it enacted. That in case any of the persons so declared 
 to be elected, shall neglect or refuse to accept office, or to be sworn or 
 affirmed into office, within the time in which the oath or affirmation of 
 office is required to be taken as hereinbefore provided, then the Head of 
 such Municipal Corporation for the preceding year shall forthwith by 
 Warrant under his hand and seal, directed to the Returning Officer, 
 require him to hold a new election to supply the place of such person, 
 which such Returning Officer shall aacordingly do within at least eight 
 days after the receipt of such Warrant, and the person who shall be 
 elected upon such Warrant shall be entitled and bound to be sworn or 
 affirmed as Councillor, in the place of the person refusing office, or 
 neglecting or refusing to be sworn or affirmed as aforesaid: Provided 
 always nevertheless, that the necessity for such second election shall not 
 preventer interfere with the immediate organization of the Municipal 
 Corporation for the year, or their proceeding to business as if such seat 
 were not vacant. 
 
 CLXIII. And be it enacted. That all vacancies which may occur in 
 any of such Municipal Corporations, by death or otherwise, shall be filled 
 by an election to be held under a Warrant directed to the Returning 
 Officer under the hand and seal of the Head of such Municipal Corpor- 
 ation : Provided always, that the person so appointed shall hold his seat 
 in such Corporation by virtue of such appointment for the residue of the 
 term for which his immediate predecessor was elected, and no longer. 
 
 CLXIV. And be it enacted, That all such Special Elections as are 
 provided for by the two next preceding sections of this Act, shall be 
 
 year, o 
 to supp 
 and Coi 
 the qua 
 Town 
 and hot 
 plele ih 
 person t 
 under tl 
 
 CLX^ 
 
 vacanci 
 the deat 
 Municip 
 may res 
 person tt 
 occur. 
 
 CLX^ 
 
 on the d 
 cillors so 
 successo 
 Hew Mui 
 
 CLXV 
 
 Municip; 
 of those 
 for the di 
 any such 
 present t( 
 such mee 
 <| functions 
 I if present 
 || proceedin 
 ;(| of the per 
 M who, in c 
 
 I CLXIX 
 I Municipa 
 JP Village C 
 ^ during iht 
 I appoint, t( 
 M County, C 
 assessmer 
 
 CLXX. 
 
 Clerk to n 
 \ ceedings t 
 I to make rt 
 ^ the vote o; 
 
 .1 ; "I 
 
 '•^Tv* 
 
MISCELLANEOUS PROVISIONS. 
 
 49 
 
 lock of the 
 
 ach of the 
 I poll book, 
 (olumnsthe 
 ididates by 
 olumns, he 
 )te at such 
 I the name 
 umber one, 
 up the num- 
 e columns, 
 ighestnum- 
 umber, and 
 ich election, 
 sly than the 
 declare the 
 ivvo or more 
 by reason of 
 e Returning 
 te for one or 
 ide the elec- 
 lis Act shall 
 pt in the case 
 
 lUch electioii, 
 ship, Village, 
 ity m which 
 lation thereto 
 statement of 
 g them, have 
 
 IS so declared 
 
 ae sworn or 
 
 iffirmation of 
 
 the Head of 
 
 orthwith by 
 ning Officer, 
 such person, 
 at least eight 
 who shall be 
 
 be sworn or 
 in<T ofRce, ov 
 id : Provided 
 
 tion shall not 
 he Municipal 
 
 if such seat 
 
 .jay occur in 
 shall be filled 
 he Returning 
 icipal Corpor- 
 , hold hia seat 
 [residue of the 
 
 no longer, 
 bctions as are 
 lActj cshall be 
 
 held upon at least four days' public notice to the Electors under the hand 
 of the Returning Officer, and posted in at least four of the most nublio 
 places in the Township, Village or Ward for which it is to be held. 
 
 CLXV. And be it enacted, That if in any year. there shall be no 
 election held in any Township, Village, Town or Ward, on the appointed 
 day, or if a requisite number of candidates shall not have been elected, 
 or if there shall not be in the poll book the names of a sufficient number 
 of candidates to supply any deficiency arising from refusal of office, 
 or neglect or refusal to be sworn in, then, and in every such case, it shall 
 and may be lawful for the members of the Municipal Corporation ia 
 which such default of members shall occur, or if none be elected, then, 
 for the members of such P'anicipal Corporation for the next preceding 
 year, or the majority of tht. i respectively, and they are hereby required 
 to supply the deficiency by appointing the whole number of Aldermen 
 and Councillors, when the whole number shall be deficient, from amongst 
 the qualified freeholders and householders of the Township, Village, 
 Town or City, or by appoii .i-^.g such a number of qualified freeholders 
 and householders of such Township, Village, Town or City as will com- 
 plete the full number of Aldermen and Councillors for the same, and the 
 person so appointed shall be bound to accept office, and to be sworn in, 
 under the same penalty as if elected. 
 
 CLXVL And be it enacted, That if there shall be any vacancy or 
 vacancies in the offices of Warden, Mayor or Townreeve, by reason of 
 the death or removal of residence of any such officer, the respective" 
 Municipal Corporations in which such vacancy shall occur, shall and 
 may respectively choose, from amongst their own number, a qualified 
 person to be a Warden, Mayor, or Townreeve, as often as the case may 
 occur. 
 
 CLXVIL And be it enacted. That the Municipal Corporation in office 
 on the day of general annual municipal elections, including all Coun- 
 cillors so appointed to make up deficiencies, shall hold office until their 
 successors shall be elected or appointed and sworn into office, and the 
 new Municipal Corporation shall be corrypleted. 
 
 CLXVIII. And be it enacted, Thut at any session or meeting of any 
 Municipal Corporation under this Act, a majority of the whole number 
 of those who shall by law form such Corporation, shall be a quorum 
 for the dispatch of business ; and if the person who ought to preside at 
 any such meeting shall be absent, it shall and may be lawful for those 
 present to appoint from amongst themselves a Chairman to preside at 
 such meeting, and the Chairman so appointed shall have the same 
 functions and authority in presiding at such meeting as the person who, 
 if present, would preside at such meeting ; and all votes, resolutions and 
 proceedings of such meetings shall be carried by the majority of votes 
 of the persons composing such meeting, other than the person presiding, 
 who, in case of an equality of votes, shall have the casting vote. 
 
 CLXIX. And be it enacted, That it shall be the duty of each of such 
 Municipal Corporations to appoint a County, City, Town, Township or 
 Village Clerk, as the respective cases may require, who shall hold office 
 during their pleasure, and who shall be paid by such salary as they shall 
 appoint, to be taxed and levied upon the whole rateable property in such 
 County, City, Town, Township, or Village respectively, according to the 
 assessment laws then in force in Upper Canada. 
 
 CLXX. And be it enacted, That it shall be the general duty of such 
 
 Clerk to record in a book to be provided for that purpose, all the pro- 
 
 . ceedings of the Municipal Corporation of which he shall be Clerk, and 
 
 [to make regular entries of all resolutions and decisions, and to record 
 
 ■ the vote of every person present entitled to vote on every question sub- 
 
 Provision in cmc 
 of no electioii 
 being held on nn 
 appointed dny. 
 
 Appointment of 
 AliieruieD and 
 Councillor*. 
 
 Vacaneici in of- 
 fices of Warden, 
 Mayor, &c., ho vv 
 to be filled up. 
 
 Corporations in 
 in oSice to hold 
 until their suc- 
 cessors are 
 elected and 
 sworn in. 
 
 A majority ./the 
 whole number of 
 members to form 
 a ijuorum. 
 
 Temporary 
 Cliairniaii in cer- 
 tain cases. 
 
 Majority. 
 
 Casting vote. 
 
 County Clerics, 
 &c., to be 
 appointed, to be 
 paid by salary 
 levied upon 
 rateable property 
 
 Clerk to keep 
 records of pro- 
 ceedings of Cor- 
 poration, &c. 
 
 I': I 
 
60 
 
 ; "i 
 
 ii 
 
 A Treasurer to be 
 appointed for 
 each County, &c, 
 and a Clmiiibcr- 
 lain for each 
 City. 
 
 Their salary or 
 per centage to be 
 levied on ratea- 
 ble property. 
 
 Security 
 
 Duties of Trea 
 Eurcrs and Cham* 
 bcrlains. 
 
 Clerks, &e., to 
 hold Offlcf until 
 removed by Cor- 
 poration. 
 
 Books, &.C., of 
 preser.t District 
 Treasurer!) to be 
 deemed cbatltils 
 bclouKing to the 
 different Munici- 
 pal Corporations. 
 
 Punishment of 
 Olflcers embezzl- 
 ing or refusiiijtto 
 deliver the sai'ne, 
 to the proper par- 
 ties. 
 
 MUNICIPAL CORPORATIONS. 
 
 mitted, if required by any member present, and to preserve and file all 
 accounts acted upon by the body to which he is Clerk, and to keep the 
 books, records and accounts of such body, which shall be open with- 
 out fee or reward to the inspection of all persons^ at all seasonable times 
 and hours. 
 
 CLXXI. And be it enacted, That it shall be the duty of the Munici- 
 pal Corporations of the respective Counties, Towns, Townships and 
 Villages to appoint a Treasurer, and of the Municipal Corporations of 
 the respective Cities to appoint a Chamberlain of the same respectively, 
 who shall hold office during their pleasure, and shall be paid by such 
 salary or per centage as they shall appoint, (to be raised and levied 
 rateably upon the whole rateable properly of such County, City, Town, 
 Township or Village respectively, according to the assessment laws 
 then in force in Upper Canada,) and who shall give such security for 
 the faithful performance of the duties of his ofHce, and more especially 
 for the due accounting for and paying over all moneys which shall come 
 into his hands by viitue of his oirice, as the Municipal Corporation by 
 which he was appointed shall direct. 
 
 CLXXII. And be it enacted, That it shall be the duty of each of such 
 Treasurers and Chamberlains to receive and safely keep all moneys 
 belonging to the County, City, Town, Township o^Village for which he 
 shall be appointed, and to pay out the same to such persons and in such 
 manner as he shall be directed to do by any lawful order of the Munici- 
 pal Corporation thereof, or by any law in force or to be in force in Upper 
 Canada, and strictly to conform to and obey any such law or any By-law 
 lawfully made by any such Municipal Corporation, and faithfully to 
 perform all such duties as may be assigned to him by any such law or 
 By-law. 
 
 CLXXIII. And be it eiiacted, That the Clerk, Treasurer and Cham- 
 berlain so to be appointed by any Municipal Corporation as aforesaid, 
 as well as all other officers to be appointed in like manner, and with 
 regard to whose period of service no other provision is made by this 
 Act or in any other law or By-iaw, shall hold their offices until removed 
 therefrom by the Municipal Corporation for the time being, notwith- 
 standing any change in the persons of whom such Municipal Corpora- 
 tion shall be composed, occasioned by any new election or appoint- 
 ment. 
 
 CLXXIV. And be it enacted, That all the books of the present Dis- 
 trict Treasurers, and all books, papers, accounts or documents of what 
 kind soever, which shall have been kept by or shall have come into the 
 possession of any person or officer to be appointed or employed by any 
 Municipal Corporation, by virtue of his office or employment, shall be 
 deemed to be chattels belonging to such Municipal Corporation ; and all 
 moneys or valuable securities which shall have been lawfully received 
 or taken into his possession by virtue of bis office or employment, shall 
 be deemed to be moneys or rtluable securities belonging to such Muni- 
 cipal Corporation; and if any such officer or person shall at any time 
 fraudulently embezzle any such chattel, money or valuable security, 
 (and any refusal or failure to pay over or deliver up any such chattel, 
 money or valuable security to such Municipal Corporation, or to any 
 officer or person by them authorised to demand the same, shall be held 
 to be a fraudulent embezzlement thereof,) he may be indicted and pro- 
 ceeded agiiinst, and being convicted thereof, shall be liable to be pun- 
 ished in the same manner as any servant who having fraudulently 
 embezzled any chattel, money or valuable security received or taken 
 in.to his possession, by virtue of his employment, for and in the name 
 and on the account of his master, may be indicted, proceeded against 
 
 
MISCELLANEOUS PROVISIONS. 
 
 61 
 
 nd file all 
 
 keep the 
 
 pen with- 
 
 ible times 
 
 ,e Munici- 
 iships and 
 srations of 
 jpectively, 
 d by such 
 ind levied 
 :jty, Town, 
 raent laws 
 security for 
 especially 
 . shall come 
 ;)ovation by 
 
 achofsuch 
 all moneys 
 or which he 
 and in such 
 he Munici- 
 ce in Upper 
 any By-law 
 'aithfully to 
 such law or 
 
 and Cham- 
 
 ,s aforesaid, 
 , and with 
 
 .de by this 
 
 [til removed 
 , notwjth- 
 
 |al Corpora- 
 ir appoint- 
 
 jresent Ois- 
 lits of what 
 le into the 
 [ed by any 
 It, shall be 
 In ; and all 
 ly received 
 ent, shall 
 jch Muni- 
 It any time 
 security, 
 ;h chattel, 
 lor to any 
 [ll beheld 
 i\ and pro- 
 fo be pun- 
 ^uilulentiy 
 or taken 
 I the name 
 hd against 
 
 and punished : Provided always, that nothing herein contained shall 
 prevent, lessen or impeach any remedy which such Municipal Corpo- 
 ration, or any other party may have against such offender or his sure- 
 ties, or against any other party whomsoever ; "bat nevertheless, the 
 conviction of any such offender shall not be received in evidence in any 
 suit or action at law or in equity against him. 
 
 CLXXV. And be it enacted, That the Corporation created or to be 
 created in and for any County or union of Counties, City, Town, Town- 
 ship or Village, by this Act, or under any provision therein contained, 
 shall be substituted for and shall be in the place and stead of the Corpo- 
 ration theretofore existing in and for the same County or union of Coun- 
 ties under the name of District, City^ Town, Township, Village or place by 
 virtue of any Act or law in force immediately before the commence- 
 ment of this Act, and so that any suit, action, prosecution or other act, 
 matter or thing, commenced or continued by such former Corporation, 
 or to which it shall have been a party, shall not abate, but may be con- 
 tinued and completed by, with or against such new Corporation, in like 
 manner and as validly to all intents and purposes as it might have been 
 continued or completed by, with or against such former Corporation, and 
 so that all estates and property, real or personal, and all debts and obli- 
 gations of any kimlf theretofore vested in or belonging to or due, or 
 owing to or contracted in favour of such former Corporation, or the 
 locality over which its jurisdiction shall extend, whether in the name of 
 such Corporation or locality, or in that of some Officer thereof, and 
 intended lor the benefit of such Corporation or locality, shall thereafter 
 be vested in and shall belong to and shall b^ due and owing to, and may 
 be held, possessed and enjoyed, recovered and enforced by such new 
 Corporation, and all debts, liabilities and obligations of such former 
 Corporation, of what kind soever, or in what manner soever secured, 
 shall become debts, liabilities and obligations of such new Corporation, 
 secured and payable in like manner, and upon the same terms and con- 
 ditions, and 10 be recovered and enforced if not paid or performed, in 
 the same manner as they would have been recovered from or might 
 have been enforced against such former Corporation or otherwise, as by 
 this Act provided. 
 
 CLXXVI. And be it enacted, That it shall be the duty of every such 
 Municipal Corporation to take charge of any debt which may be due by 
 the locality over which it has jurisdiction, and to direct the levy by tax 
 upon the same, of such sum in each year as shall be necessary for the 
 payment of the interest thereon, and as shall be sufficient to pay off the 
 principal, according to the contracts and obligations which shall have 
 been entered into in that behalf: and where any sum of money in the 
 pound is L)y any Act of the Parliament of Upper Canada, or of this Pro- 
 vince directed to be levied for the payment of any such debt or for any 
 other special purpose, ilshallbe the duty of such Municipal Corporation, 
 until the debt shall be paid or the purpose fully served for which svch 
 Act was passed, or until the service contemplated by such Act shall be 
 otherwise provided for, or the Act repealed, to cause to be levied in 
 each year upon such locality, a sum at least eqvial to the highest sum 
 whicn shall have been raised for the same purpose in any one year 
 before the passing of this Act. 
 
 CLXXVII. And be it enacted, That it shall be the duty of such 
 Municipal Corporations respectively, to cause to be assessed and levied 
 upon the whole rateable property in their Counties, Cities, Towns, 
 Townships and Villages respectively, a sufficient sum of money in each 
 year, to pay all debts incurred or which shall be incurred, with the 
 interest which shall fall due or become payable within the year ; and 
 no By-law hereafter to be passed for the creation of any such debt, or 
 
 Proviso: oiher 
 remedies not to 
 be lesiened. 
 
 CorporatioiiR 
 created under 
 this Act to be 
 substituted for 
 Corporations 
 tlicretofore exist- 
 ing—and suits 
 commenced by 
 former Corpora- 
 tions may be 
 continued by the 
 new Corpora- 
 tions, and vice 
 vena. 
 
 Cor|iorations to 
 tal(e charge of 
 debts due by 
 localities under 
 their jurisdic- 
 tion, and provide 
 for their pay- 
 ment. 
 
 What rates shall 
 be levied for pay- 
 ing such Debts, 
 in certain cases. 
 
 A suRicient sum 
 to be levied by 
 assessment for 
 payment of all 
 such debts, and 
 interest. 
 
 By-laws creating 
 or authorizing 
 
 ill 
 
 '' )l 
 
 i.i tl 
 
52 
 
 MUNICIPAL CORPORATIONS. 
 
 ^l 
 
 I f 
 
 ' ' • 
 
 n 
 
 anydehtnottobe 
 valid unless auf- 
 flcient provision 
 be therein made 
 for levying 
 moneys Tor (he 
 payment of such 
 debt, witliin 
 twenty years. 
 
 Such By-law not 
 leiiealable, &c. 
 
 Proviso : how 
 nny temporary 
 surplus of such 
 moneys may be 
 invested. 
 
 By-laws for rais- 
 ing loans, &c., 
 shall not bp 
 replealed or 
 altered until the 
 Ioane> and inter- 
 est thereon are 
 fully paid. 
 
 Punishment of 
 Officers refusing 
 to execute such 
 By-law. 
 
 Duty of Sheriffs 
 with respect to 
 Writs of Execu- 
 tion against 
 Municipal Cor- 
 porations, if 
 endorsed to be 
 levied by rate. 
 
 for the ne^ociation of anj^ loan, shall be valid or effectual, to bind any 
 8uch Municipal Corporation, unless a special rate per annum over and 
 above, and in addition to all other rates whatsoever shall be settled in 
 such By-law, to be levied in each year for the payment of the debt to 
 be created by the loan to be negociated, nor unless such special rate 
 shall be sufficient according to the amount of rateable property in such 
 County, City, Town, Township, or Village, as the case may be, as shall 
 appear by the then last assessment returns of such County, City, Town, 
 Township or Village, to satisfy and discharge such debt, with the 
 interest thereof, within twenty years from the passing of such By-law, 
 and it shall not be competent to any such Municipal Cotpcration, to 
 repeal such By-law, or to discontinue such rate, until the debt so to be 
 incurred and the interest thereon shall be fully paid and discharged ; nor 
 to apply the proceeds thereof to any other purpose than the payment and 
 satisfaction of the same ; Provided always, nevertheless, that in the event 
 of there being any part of such special rate on hand, and which cannot 
 be immediately applied towards the payment and satisfaction of such debt 
 by reason of no part thereof being then payable, it shall be the duty of such 
 Municipal Corporation, and they are heieby required to invest such 
 money in the Government Securities of this Province, or in such other 
 Securities as the Governor of this Province shall ]^ order in Council 
 direct or appoint, and to apply all interest or divioends to arise or be 
 received upon the same to the like purpose, as the amount so levied by 
 such special rate, and no other. 
 
 CLXXVIII. And be it enacted. That any By-law by which it shall be 
 attempted to repeal any such By-law for raising any such loan, or for 
 the payment and satisfaction of the debt contracted for any such loan or 
 to alter any such last mentioned By-law so as to diminish the amount to 
 be levied for the payment and satisfaction of such loan or the interest 
 thereof, until such loan and interest shall be fully redeemed, paid and 
 satisfied, shall be and the same is hereby declared to be absolutely null 
 and void to all intents and purposes whatsoever, and if any of the Officers 
 of such Municipal Corporation shall, under pretence of such pretended 
 By-law, neglect or refuse to carry into effect and execution the said 
 By-law for levying the necessary moneys to redeem, satisfy and dis- 
 charge such loan and the interest thereof, every such Officer shall be 
 deemed guilty of a misdemeanor, and shall be punished by fine or 
 imprisonment, or both, at the discretion of the Court whosr duty it shall 
 be to pass the sentence of the law upon such offender. 
 
 CLXXIX. And be it enacted. That it shall be the duty of every 
 Sheriff who shall receive a Writ of Execution against any Municipal 
 Corporation created or to be created under the authority of this Act, if 
 such Writ shall be endorsed with a direction to such Sheriff to levy the 
 amount thereof by rate, to deliver a copy of such Writ of Execution and 
 endorsement to the Chamberlain or Treasurer of such Municipal Corpo- 
 ration, or to leave such copy at the office, place of business or dwelling 
 house of such Chamberlain or Treasurer, with a statement in writing of 
 his fees, and the whole amount for principal, interest and costs required 
 to be paid to satisfy such execution, calculated to the day of the service 
 of such copy as aforesaid, or some day as near as conveniently may be 
 to the same, and in case such amount, with interest thereon from the 
 day mentiorted in such statement, shall not be paid to such Sheriff within 
 one calendar month after such service, it shall be the duty of such 
 Sheriff to examin ) the adjusted and settled assessment rolls of such 
 Municipal Corporation, on file in the office of the Clerk of such Corpo- 
 ration, and to strike a rate upon the same in like manner as rates may 
 be struck by such Municipal Corporation for the general Municipal pur- 
 poses of such Corporation, which rate shall be of a sufficient amount in 
 
 'I , 
 
 V^ 
 
MISCELLANEOUS PROVISIONS. 
 
 the pound according lo such assessment rolls to cover the amount so due 
 on such execution, with such addition to the same as in the Judgment of 
 such Sheriff shall be sufficient to cover the interest, Sheriff's fees, and 
 Collector's per centage to accrue thereon to the time when such rate 
 shall probably be available for the satisfaction of the same : And there- 
 upon, such Sheriff shall, by a precept or precepts under his Hand and 
 Seal of Office, directed to the different Collectors of such Municipal 
 Corporation respectively, reching such Wrii of Execution, and that such 
 Municipal Corporation had neglected to make provision according to 
 Law for the satisfaction theieof, and containing the roll of such rate ma 
 Schedule to be annexed to such precept, command such Collectors 
 respectively, to levy and collect such rate within their respective juris- 
 dictions, at the time and in the manner that they are by Law required 
 to levy and collect the annual rates for the geneal purposes of such 
 Municipal Corporation, and if at the time for levying and collecting such 
 annual rates next after the receipt of any such precept, such Collectors 
 shall have a general rate roll delivered to them for such year, it shall be 
 their duty to add a column'therelo, headed : " Execution rate in A. B. vs. 
 The Township, " (or as the case may be, adding a similai- column for each exe- 
 cution if more than one,) and to insert therein the amount by such precept 
 required to be levied upon each person respectively according to the 
 requirements of suTJh precept, and to levy and collect the amount of such 
 Execution rale from such persons respectively, in the same manner as 
 such general annual rate is by law directed to be levied and collected 
 by such Collectors^ and to return such precept with the amount so levied 
 and collected thereon, after deducting his per centage therefrom, to such 
 Sheriff within the same time as such Collectors are or shall by law be 
 required to make the returns of the general annual rate aforeisaid to the 
 Chamberlain or Treasurer of such Municipal Corporation ; Provided 
 always nevertheless, firstly, that any surplus that shall remain in the 
 hands of such Sheriff upon any such precept or precepts, after satisfy- 
 ing such Execution, and all interest, costs and fees thereon, shall by 
 such Sheriff be paid over to the Chamberlain or Treasurer of such Muni- 
 cipal Corporation within ten days after the same shall be so received 
 by him, and be applicable to the general purposes of such Municipal 
 Corporation as the surplus of any other rate : And provided also, secondly, 
 that the Clerk of such Municipal Corporation, and the several Assessors 
 and Collectors of such Corporation, shall, for all purposes in any way 
 connected with the carrying into effect or permitting or assisting such 
 Sheriff to carry into effect the provisions of this Act, with respect to the 
 satisfaction of any such execution, be taken and deemed to be Ofhcers. 
 of the Court out of which such Writ of Execution issued, and as such 
 shall be amenable to such Court, and may be proceeded against by 
 Attachment or otherwise to compel the performance of the duties hereby 
 imposed upon them as any other Officers of such Court may by law be 
 proceeded against for a similar purpose. 
 
 CLXXX. And be it enacted, That every such Municipal Corpora- 
 tion shall, annually, on or before the thirty-first day of January in each 
 year, transmit to the Governor General of the Province, through the 
 Provincial Secretary thereof, in such form as shall from time to time be 
 prescribed for that purpose, by any order of the Governor in Council, 
 an account of the several debts of such Corporation as they may have 
 stood on the thirty-first day of December preceding, specifying in such 
 account the original amount of every such debt of which a balance 
 remained due at that day, the date when such debt was contracteil, the 
 day of payment, the amount of interest to be paid therefor, the amount 
 of the rate provided for the redemption and satisfaction of such debt and 
 interest, the proceeds of such rale for the year ending on such thirty- 
 
 53 
 
 Precepts to l)e 
 issiiea to the 
 Collectors. 
 
 Duty of Collect- 
 ors under bucll 
 precept". 
 
 Ri'tiirn of pre- 
 cept. 
 
 Proviso as to 
 surplus in hnnds 
 of Sheriff nftcr 
 s.-iti8fying execu- 
 tion. 
 
 Proviso: Clerk 
 nnrt AssessorH, 
 itc, of t'orpora- 
 tiou to be consi- 
 dered ns Officers 
 of Crurt from 
 which Writ 
 issued, for cer- 
 tain purposes. 
 
 An niinunl 
 accouiitof delits 
 of each Munici- 
 pal Corporation 
 to be siihinittPd 
 to the Governor 
 Ucneral. 
 
 Particulars in 
 such account. 
 
 |il 
 
 )• 
 
 \V 
 
 Ira 
 I I' 1 
 
 *v 
 
64 
 
 ' M 
 
 ri! 
 
 ti 
 
 ^W 
 
 RU 
 
 Provision for the 
 np|)ointiiicntof a 
 Communion to 
 iiivestigntefiiian- 
 cinl ofliiirs of 
 Miinicipnl Cor- 
 porations upon 
 (luccuuscstiewn. 
 
 Powers of the 
 Commissioners. 
 
 Act ef Canatta 
 V. C.39. 
 cileil. 
 
 As to expenses of 
 Couiinission. 
 
 As lo (Iclits due 
 by Municipal 
 Corporations 
 prior to Ibt 
 January, 1849 : a 
 Cy-law may be 
 piisseil with 
 .Tpproval of the 
 Governor in 
 Council, &c. 
 
 r 
 
 Proviso as lo 
 Oorpraraiions 
 which have law- 
 fully issued 
 Notcf of Deben- 
 tures intended to 
 pass as money. 
 
 Proviso : present 
 remedies of 
 rreditois not to 
 be impaired. 
 
 MUNICIPAL CORPORATIONS. 
 
 first (lay of December, the amount of such original loan redeemed and 
 satisfied during such year, the amount of interest, if any, unpaid on such 
 day, and the balance still due on the principal of such loan. 
 
 CLXXXI. And be it enacted, That upon the petition of one third or 
 upwards of the members of any Municipal Corporation created or to be 
 created under the authority of this Act, it shall and may be lawful for 
 the Governor of this Province if sufficient cause be shewn, by order in 
 Council, to issue one or more Commission or Commissit/iis under the 
 Great Seal of this Province directed to such person or persons as he shall 
 think fit, empowering them to enquire into the financial and monetary 
 affairs of such Municipal Corporation and all things connected there- 
 with, and the person or persons so named in such Commission or Commis- 
 sions, or as many of them as shall be thereby empowered to act in the exe- 
 cution thereof, shall have all such powers forthe conducting such inquiry 
 now by law vested in Commissioners of Inquiry appointed under the Act of 
 the Parliament of this Province pas.sed in the ninth year of the reign of 
 Her Majesty Queen Victoria, chapter thirty-eight, intituled, Jn Art to 
 empower Commissioners for inquiring into matters connected with the public 
 business to take evidence on oath ; and the expense of executing every 
 such Commission of Inquiry to be settled and allowed by the Inspector 
 General of this Province for the time being or his Deputy, shall be borne 
 by such Municipal Corporation, and so soon as the same shall be so settled 
 and allowed as aforesaid, shall be a debt due to the Commissioner or 
 Commissioners named in such Commission, to be provided for and paid 
 by such Municipal Corporation as any other debt due by them in their 
 corporate capacity, and upon default in payment of the same within 
 three calendar months from the same having been demanded by such 
 Commissioner or Commissioners, or any one of them, at the office of 
 the Chamberlain or Treasurer of such Municipal Corporation, shall be 
 recoverable against such Municipal Corporation as any other debt. 
 
 CLXXXII. And be it enacted, Tiiat with respect to any debt bona 
 fide due by any District Municipal Council, City, Town or Village 
 Council or Board of Police in Upper Canada, prior to the first day of 
 January, one thousand eight hundred and forty-nine, it shall and may 
 be lawful for the Municipal Corporation by this Act substituted for snch 
 District Municipal Council, City, Town or Village Council or Board of 
 Police, at any time within one year after the time appointed for this Act 
 to commence, to pass a By-law providing for the liquidation of such 
 debt, and upon such By-law being approved by the Governor of this 
 Province in Council, none of the provisions of this Act by which 
 increased facilities are provided for tlie recovery of debts due by such 
 Municipal Corporation shall be applicjxble lo such debts or any of them, 
 until after default shall be made by such Municipal Corporation in rais- 
 ing the necessary funds for the discharge of such debts, or in applying 
 such funds when so raised to the discharge of the same according to the 
 provisions of such By-law; Provided always nevertheless, first, that 
 nothing herein contained shall extend or be construed to extend, to pre- 
 vent any such Corporation in any such By-law where such Corpoiation 
 may have heretofore issued Promissory Notes or Debentures to pass as 
 money and which are still in circulation, to provide some mode for their 
 gradual extinction by redeeming a certain portion thereof annually, and 
 by substituting other Promissory Motes or Debentures in the place of 
 such as remain unredeemed from time to time as they fall due, when 
 the holders thereof are willing to receive the same in exchange till the 
 whole of such Notes or Debentures are fully and completely redeemed 
 and satisfied according to the provisions of such By-law ; And provided 
 also, secondly, that nothing herein contained shall extend or be con- 
 strued to extend to deprive any of the Creditors of such Municipal Cor- 
 
 .4:f "■-*':''■; ■■'t?'; -V >^«» 
 
MISCELLANEOUS PROVISIONS. 
 
 46 
 
 poration of all such remedies as they now by Law possess for the recovery 
 cfsuch debts against tlie District Municipal Council, City, Town or Village 
 Council or Board ofPoIice, which they maybe owed, all which remedies 
 they shall continue to have against the Municipal CorporatioussubstituLed 
 for such Disliict Municipal Council,City,Town or Village Corporation. 
 
 CLXXXIII. And be it enacted. That it shall not be lawful for any 
 of the Municipal Corporations 1o conliune or be incorporated under the 
 authority of this Act to act as Bankers, or to issue any Bond, Bill, Note, 
 Debenture or other undertaking, of what nature or kind soever, or in 
 what form soever, in the nature of a Bank Bill or Note, or for the pay- 
 ment of any money intended to form a circulating medium to supply the 
 place of specie, or otherwise pass as money; nor shall it be lawful for 
 any of such Municipal Corporations (o make or give any Bond, Bill, 
 Debenture or other undertaking for the payment of any loan contracted 
 by such Corporation, or of any debt due by such Corporation, or of any 
 part of such loan or debt, of a less amount than twenty-five pounds of 
 lawful money of Canada; and if any such first mentioned Bond, Bill, 
 Note, or Debenture or other undertaking, shall be issued oi j^nt in circu- 
 lation by any such Municipal Corporation or under its direction or 
 authority, or under the direction or authority of any of its officers or ser- 
 vants, or of any other person or persons whomsoever, or if any such last 
 mentioned Bond, Bill, Dtsbenture or other undertaking, shall be made or 
 given by any such Municipal Corporation for the payment of a less 
 amount of money than twenty-five pounds as aforesaid, every such Bill, 
 Bond, Note, Debenture or undertaking, shall be absolutely null and void 
 to all intents and purposes whatsoever ; Provided always nevertheless, 
 that nothing in this section contained shall extend or be construed to 
 extend, to any Bond, Bill, Note, Debenture or other undertaking, to be 
 issued under the authority of any such By-law as shall or may be passed 
 with the consent of the Governor of this Province in Council, for provid- 
 ing for the payment and satisfaclion of certain debts mentioned in the 
 last preceding section of this Act. 
 
 CLXXXIV. And be it enacted, That every person who shall issue or 
 make, or assist in the issuing or making of any such Bonds, Bills, Notes, 
 Debentures, or undertakings for the payment of money contrary to the 
 provisions of the next preceding section of this Act, and every person 
 who shall knowingly utter or tender in payment or in exchange, any of 
 such Bonds, Bills, Notes, Debentures or undertakings for the payment 
 of money, shall be guilty of a misdemeanor, as provided in and by the 
 third section of the Act of the Parliament of the late Province of Upper 
 Canada, passed in the seventh year of the reign of His late Majesty 
 King William the Fourth, Chapter thirteen, and intituled, An Ad to 
 protect the public against injury from Private Banks. 
 
 CLXXXV. And be it enacted, That all persons committing any 
 cflfence against any By-law lawfully made by any Municipal Corpora- 
 tion under the authority of this Act, and with regard to prosecutions for 
 which no other provision is hereby made, may be prosecuted in a sum- 
 mary way before iny one or more Justices of the Peace, having juris- 
 diction within the locality in which the offender shall be resident, or 
 within that in which the offence was committed, and such Justice or 
 Justices, or other authority, before whom any conviction for any such 
 otl'ence shall be had (and any such offender may be convicted on the 
 oath or affirmation cf any competent witness other than the prosecutor 
 or informer) shall have full power and authority to award the penalty or 
 the imprisonment, as the case may be, imposed by the By-law under 
 which the conviction shall be had, with the costs of prosecution, against 
 the offender, and to commit the offender to the common gaol if the 
 offence be punishable by imprisonment, and to cause the penalty to be 
 
 Municipal Cor- 
 porniions not to 
 net nti BniikiTsor 
 to iasiic iloiids, 
 &c., to pass ai 
 money. 
 
 Nor give any 
 Bond, &c., of a 
 lei>8 amount than 
 
 Penally for con- 
 travening this 
 section. 
 
 Prov icons to 
 Konds, &c., 
 issued witit 
 approval of 
 Governor iu 
 Council. 
 
 Any person 
 isi'uiiig, malting 
 or uttering Uonds 
 contrary to this 
 Act. to Le guilty 
 of misdemeanor. 
 
 ActofU. C. 7 
 \V. 4. c. 13. 
 
 Punishment of 
 persons oflending 
 against Ity-lnws, 
 where no oihcr 
 provision is 
 made, and how 
 enforced. 
 
 Penally how 
 levied. 
 
56 
 
 MUNICIPAL CORPORATIONS. 
 
 \t ' . 
 
 IJow applied. 
 
 Proviso : prose- 
 cution niny be 
 brought ill name 
 of Corporation. 
 
 Provido ai to 
 McmherH or the 
 Corporation 
 lieiiig Justices of 
 tlie Peace. 
 
 Officers, Sec, of 
 t'orpornlloii, 
 competent wit- 
 nsscs and Jurors, 
 in cases ill wliich 
 the Corporation 
 shall be n party. 
 
 Corporations not 
 to stop up origi- 
 nal nllowances 
 for roads. 
 
 When any other 
 rond is altered, 
 the siteof theold 
 road may be sold 
 by Corporation to 
 the party neu 
 whose land it 
 runs, See. 
 
 Proviso: who 
 shall have the 
 firtit ofler. 
 
 As to parlies 
 having given 
 land for roads 
 without coiiipcn- 
 sation. 
 
 levied with costs, if not forthwith paitJ, by distress and sale of the goods 
 and chattels of the offender, by Warrant under the hand and seal ot such 
 Justices or one of them, or of the Chairman or Presiding Officer of the 
 Court before whom such conviction was had ; and one moiety of any 
 such pecuniary penalty shall go to the informer or prosecutor, anil the 
 other Moiety shall be paid to the Treasurer or Chamberlain of the Cor- 
 poration against the By-law whereof the offence shall have been com- 
 mitted, and shall form part of the funds at the disposal of such Corpora- 
 tion : Provided always, firstly, that any such prosecution may be brought 
 in the name and on the behalf of such Corporation as aforesaid, antf in 
 that case the whole of such pecuniary penalty shall be paid to the Trea- 
 surer or Chamberlain of such Corporation, and form part of such funds 
 as aforesaid : And provided also, secondly, that any member of the 
 Municipal Corporation, under the By-law whereof any such prosecution 
 as aforesaid shall be brought, being, ex officio or otherwise, a Justice of 
 the Peace within such locality, may act as such with regard to such prose- 
 cution. 
 
 CLXXXVI. And be it enacted, That as well with 
 
 d to 
 
 'iny 
 such prosecution as to any suit, action or proceeding to whic .iy Cor- 
 poration created or to be created by or under this Act shall be a party, 
 no member, officer or servant of such Corporation shtiU be deemed an 
 incompetent witness, nor shall his testimony be objected to on the ground 
 of his being interested in the matter, as such member, officer or servant 
 of such Corporation, nor shall he be liable to challenge ©n such ground 
 as a juror, if he have no more direct interest in the issue of such suit or 
 prosecution, or be not otherwise rendered incompetent ; any law, usage 
 or custom to the contrary notwithstanding. 
 
 CLXXXVII. And be it enacted. That it shall not be competent to the 
 Municipality of any Township or to the Municipal Council of any 
 County, to pass any By-law for stopping up any original allowance for 
 Hoads in any Township or County, nor on the limits of any Village, 
 Town or City therein. 
 
 CLXXXVHI. And be it enacted, That on the alteration of any Road 
 tinder the authority of this Act where the Road thus altered shall not 
 have been an original allowance for Road, or where the same shall lie 
 within any Incorporated Village, Town or City or the liberties thereof, 
 the site of such old Road shall and may be sold and conveyed by the 
 Municipal Corporation under whose authority the alteration was made, 
 to the party or parties next adjoining to whose land or lands the same 
 shall have run, or in case of his, her or their refusal to become the pur- 
 cJiaser or purchasers thereof at such price or prices respectively as such 
 Municipal Corporation shall think reasonable, then, to any other person 
 or persons whomsoever ; provided always, nevertheless, that it shall not 
 be lawful for any such Municipal Corporation to sell and convey any 
 such old Road or any part thereof to any other than the person or per- 
 sons first mentioned at any given price until such first mentioned per- 
 son or persons shall have refused to become the purchaser or pur- 
 chasers thereof at such price : And in case the person or persons now in 
 possession of any Concession Road or Side Line may have laid out 
 Streets in any City, Town or Village without any compensation therefor, 
 he shall be entitled to retain the land within such City, Town or Village 
 originally set apart for such Concession Road or Side Line in lieu of the 
 
 Concession Road or Side 
 
 Line. 
 
 apart by 
 
 pla 
 
 Roadu not to 
 exceed ninety 
 nor be less than 
 forty feet in 
 breadth. 
 
 CLXXXIX. And be it enacted. That no Road to be hereafter laid out, 
 under the authority of this Act shall bo more than ninety feet nor less 
 than forty feet in width ; provided always, that nothing in this section 
 shall extend or be construed to extend to affect any Road now established 
 
 in or I 
 
 any 
 
 this 
 
 vestel 
 
 such 
 
 Road I 
 
 beloni 
 
 alwaj 
 
 exercl 
 
 and all 
 
 cipal 
 
 force 
 
 such 
 
 ing th( 
 
 tions 
 
 tion or 
 
 Vv^:r:^ 
 
 '.i^3M»i«ll(Wi - 
 
the goods 
 eal oi such 
 [icer of the 
 iety of any 
 tr, and the 
 if the Cor- 
 been com- 
 h Corpora- 
 be brought 
 [lid, anuin 
 ) the Trea- 
 snch funds 
 bar of the 
 )ro8ecution 
 Justice of 
 uch prose- 
 
 nl to any 
 .ly Cor- 
 se a party, 
 leemod an 
 the ground 
 or servant 
 ich ground 
 uch suit or 
 law, usage 
 
 iteiit to the 
 cil of any 
 (vvance for 
 Village, 
 
 any Road 
 shall not 
 shall lie 
 |s thereof, 
 3d by the 
 [as made, 
 Ihe same 
 the pur- 
 as such 
 br person 
 Ishall not 
 ]vey any 
 or per- 
 iled per- 
 |r or pur- 
 novv in 
 I laid out 
 Iherefor, 
 1 Village 
 lu of the 
 lor Side 
 
 vid out, 
 bor less 
 Isection 
 
 }lished 
 
 .1 
 
 >.l 
 
 MISCELLANEOUS PROVISIONS. 
 
 under the provisions of any Act heretofore in for^e in Upper Canada, nor 
 when any Koad shall be altered under the authority of this Act to prevent 
 such altered Road from being laid out, of the same width as the old one. 
 
 CXC. And be it enacted, That all powers, duties or liabilities vested 
 in or belonging to the Magistrates in Quarter Sessions, with respect to 
 any particular Highway, Road or Bridge in Upper Canada at the time 
 this Act shall come into fotoa, shall from thenceforth become and he 
 vested in and belong to the Municipal Corporation of the County in which 
 such Highway, Road or Bridge shall lie, or in case of such Highway. 
 Road or Bridge lying within two or more Counties, shall be vested in and 
 belong to the Municipal Corporations of both such Counties, subject 
 always to the provisions of this Act as to the mode and manner of 
 exercising, performing and meeting such powers, duties and liabilities, 
 and all rules and regulations made and directions given by such Muni- 
 cipal Corporation or Corporations in the premises shall have the like 
 force and effect to all intents and purposes whatsoever, as those which 
 such Magistrates had previously the power of making or giving respect- 
 ing the same, and neglect of or disobedience to any such rules, regula- 
 tions or directions so to be made or given by such Municipal Corpora- 
 tion or Corporations, shall subject the defaulter or defaulters in the 
 premises to the like penalties, forfeitures and other consequences both 
 civil and criminal as such neglect of or disobedience to similar rules, 
 regulations or directions of such Magistrates would have subjected them 
 to, previous to this Act coming into force. 
 
 CXCI. And be it enacted. That it shall and may be lawful for any of 
 the Municipal Corporations, created or to be created under the authority 
 of this Act, to authorize by By-law any person or persons who may be 
 willine to contract with them, for that purpose, to plank, gravel or 
 macadamize anyroad or to build any bridge, which, under the provisions 
 of this Act, any such Municipal Corporation would themselves have a 
 legal right to plank, gravel, macadamize or build, and to grant to such 
 person or persons in consideration or part consideration of ine execution 
 of such work, the tolls to be levied on the sajne after it shall have been 
 completed ; Provided always, firstly, that the rate of tolls to be taken 
 upon such work, shall in all cases be fixed by By-law of such Municipal 
 Corporation, and not be in the discretion of such person or persons so 
 contracting as aforesaid ; And provided also, secondly, that no such 
 tolls shall be leviable until such Municipal Council shall by a subsequent 
 By-law have declared that the work contracted for has been completed, 
 and that the tolls may be collected thereon accordingly ; And provided 
 also, thirdly, that the grant of such tolls shall in no case be Tor a longer 
 period than ten years from the time of the passing of such last mentioned 
 By-law by which the levying of such tolls shall become lawful ; And 
 provided also, fourthly, that it shall be the duty of such person or per- 
 sons during the period that his or their right to levy tolls under such 
 By-law shall continue, to keep and maintain such road or bridge in good 
 and proper repair; And provided also, fifthly, that none of the powers 
 and privileges conferred by an Act passed in this present Session of 
 Parliament, intituled, An Act to authorize the formatum of Joint Stock 
 Companies for the constructicm of Roads and other Works in Upper Canada, 
 shall extend to confer upon any Company formed or pretended to be 
 formed under the authority of that Act, any power of interference with 
 any authority conferred by any such By-law upon any person or persons 
 under the authority of this section. 
 
 CXCn. And be it enacted, That it shall not be lawful for any of such 
 Municipal Corporations to make any By-law for the stopping up, altering, 
 widening or diverting any public highway, road, street or lane until they 
 shall have caused at least one calendar month's notice to have been 
 
 57 
 
 Proviso as to 
 Koriilx now 
 eHinbliihcd. 
 
 Powcri, &c., of 
 MnRislrntcs in 
 Quarter Sc^s'ions 
 with ri's|H'Ct to 
 llighwnyfi. &c., 
 vested in Muni- 
 cipal Corpora- 
 tion!. 
 
 As to rules and 
 regulations 
 made by tlicm. 
 
 Corporation may 
 authorize per- 
 sons to ptank, 
 &c., Road.'i, or 
 build Bridges 
 within their 
 jurisdiction. 
 
 Proviso : Tolls 
 to he fixed by 
 Corporation. 
 
 Proviso: tolls 
 not leviable 
 until the work 
 is completed. 
 
 Proviso : tolls 
 iiot to be granted 
 for more tjian ten 
 years. 
 
 Proviso : persons 
 receiving lolls, to 
 keep roads, &.C., 
 in repair. 
 
 Proviso ns to 
 companies form- 
 ed under the 
 general Act of 
 this Session. 
 
 Corporation not 
 to stop up Roads, 
 &c., witliontone 
 month's notice, 
 &c. 
 
58 
 
 MUNICIPAL CORPORATIONS. 
 
 Ik 
 
 Provli>o : Cor- 
 iioraiiiiii- iioi to 
 luicn't'ic Willi 
 Ko.ii|»,&r.. 
 vi'Hti'il ill Her 
 Miiji'«iy or iiiiy 
 liiililic (Icpurt- 
 nieiit. 
 
 Poweri of Gov- 
 ernor ill CoiiMCil 
 ■s (onucliRoiiili. 
 
 Corporntlona not 
 to iiiiorrere Willi 
 the nliKtiiiicnt, 
 &.C., (if Ro,iil« 
 In III uut l)y the 
 Ordiiniicc, <cc., 
 except by 
 coiiaent. 
 
 Corporntlons not 
 10 run Konil.i 
 thioiighOril- 
 nance property 
 or interfere with 
 the defences of 
 the Province, 
 ice., eicept by 
 consent. 
 
 Incnse iisliallbe 
 ticcessary for 
 Roails to pass 
 over, tc, pri- 
 vate property, 
 nrbitrnlors to be 
 appointed. 
 
 piveii by written or pritited notice.s put up in the six moM public places 
 in the immediniti nHiurhbonrhuoil of sucii hi^'hwuy, roHil, street or Jiine, 
 nor until tht>y simll have heard in person or t>y counAel or attorney, any 
 jjcrsoii ihroiiah whose land .^ui-h lii:.'h\vay, road, street or lane, or pro- 
 p(;ped hiirhway, road, street or liine shall run, and who may claim to bo 
 so heaid before them : Provided always, lU'verlheless, that noihin<reiiher 
 in this flection or in any other of llie provisions of this Act shall extend 
 or be con^triieil to .\leiid to sr've any power or authority whatsoever to 
 any of the Mmiicipal Corpora<i»U9 erected or to be erected iiiuler the 
 authority of the same, to interfere in any way with any of the public 
 roads or bridges in Upper Canada, which by Act of Parliament or other- 
 wise, now are or horeafier may bo vested in Her Majesty, or in any 
 public department or board of Her Majesty's Provincial Government as 
 a Provincial public work; with respect to all and every which Provin- 
 cial public works whether roads or bridges, all and singular the powers 
 by this Act conferred upon or vested in such Municipal Corporations, 
 with respect to other roads and bridges within the limits of their respec- 
 tive jurisdictions, shall be and the same are hereby vested in and shall 
 and may from time to time and at all times hereafter be exercised by 
 the Governor of tliis Proviucj in Council with respect to such Provincial 
 public roads and bridges and every of them, by sucti orders in Council 
 as shall or mny from time to time be made for that purpose. 
 
 CXCni. And be it enacted. That nothing in this Act contained shall 
 extend or be construed to extend to give any power or authority what- 
 soever to any of the Municipal Corporations erected or to be erected 
 under the authority of the same, to pass any By-law for the direction or 
 alignment, stopping upor alterina of any of the streets, lanes or thorough- 
 fares which have been or hereafter shall or may be made or laid out by 
 the Department of Her Majesty's Ordnance, or to the interfering in any 
 manner with a. v bridges, wharves, docks, quays or other works con- 
 structed by or under the direction of Her Majesty's Ordnance, or on the 
 land held by Her Majesty and reserved for military purposes, until the 
 consent in writing of the Head Quarter Board of Officers of Her Majesty's 
 Ordnance acting in Canada, shall be first had and obtained authorizing 
 such intended By-law to extend to Ordnance Property. 
 
 CXCIV. And be it enacted. That nothing in this Act contained shall 
 extender be construed to extend to give any power or authority what- 
 soever to any of the Municipal Corporations erected or to be erected 
 under the authority of the same, to pass any By-]a\\ to open any street, 
 road or lane through any lands held by Her Majesty or on Her behalf 
 in respect o'f the Ordnance, or to interfere with, prejudice or weaken the 
 right of Her Majesty in respect of such Ordnance properly, or to inter- 
 fere with the integrity of the public defences as connected with such 
 property, unless the consent of the Head Quarter Board of Officers of 
 Her Majesty's Ordnance acting in Canada shall be first had and 
 obtained, such consent jxnd all other consents required by this Act in 
 regard to Onhiance property to be given in writing under the hands of 
 the Head Quarter Board of Officers of Her Majesty's Ordnance acting 
 in Canada, and that they are such Head Quarter Board of Officers shall 
 be certified under the hand of the Commander of the Forces in Canada 
 for the time being, and every such consent and certificate shall be 
 recited in such By-law. 
 
 CXCV. And be it enacted, That upon the passing of any By-law, by 
 any Municipal Corporation erected or to be erected under the authority 
 of this Act for the puipose of authorizing the opening any road, street 
 )r other public thoroughfare, or of changing, widening or diverting any 
 read, street or public thoroughfare so as to cause the same oi «riy part 
 thereof to go through or be placed upon or injuriously to affect the land 
 
 be taken h 
 if no such 
 land or ret 
 shall be la 
 the amoun 
 such action 
 or lawfully 
 such action 
 
 CXCVI. 
 
 Upon the tr 
 the Jury th 
 the Piaintil 
 than the ai 
 shall find s 
 costs of the 
 
MISCELLANEOUS PROVISIONS. 
 
 59 
 
 lie places 
 t ur Itiiie, 
 rney, any 
 le, or pro- 
 aiin to bo 
 inj.'eiiher 
 til tixteiid 
 soever to 
 iiiulci the 
 he public 
 I orotlier- 
 )r in any 
 rnment as 
 h Provin- 
 le powers 
 ■porations, 
 >ir reppec- 
 hikI .«h<ill 
 'rcised by 
 Proviiirial 
 in Council 
 
 lined shall 
 
 rity what- 
 
 )e erected 
 
 irection or 
 
 ihorough- 
 
 laid out by 
 
 ing in any 
 
 vorks con- 
 
 , or on the 
 
 until the 
 
 Majesty's 
 
 uthorizing 
 
 iined shall 
 
 ity what- 
 
 le erected 
 
 my street, 
 
 ler behalf 
 
 eaken the 
 
 Ir to inter- 
 
 ith such 
 
 fficers of 
 
 had and 
 
 js Act in 
 
 hands of 
 
 ice acting 
 
 leers shall 
 
 In Canada 
 
 shall be 
 
 /-law, by 
 [authority 
 lad, street 
 jrtinp any 
 s>.uy part 
 the land 
 
 Arlillrniora to flx 
 lliccniii|i(<niia- 
 lioii ir uny. 
 
 or other real property of any person or persons, it shall and may bo 
 lawful for the person or persons who shall own such property to name 
 an arbitrator, and give notice thereof in writiiipr U> the Clerk of such 
 Corporation, and the Head of the Corporatinn shall, wiihin three dayn 
 after such notice, name an arbitrator on behalf of such Curpoiation, ami 
 give notice thereof to the person or persons owninar the said property 
 and appointing such arbitrator as aforesaid, and the two aibiirators shall, 
 within three days thereafter, appoint a third arbitrator, and the said 
 three arbitrators, or the majority of them, shall have power to determine 
 upon and award the amount of damay;es (if any) to be paid to such per- 
 son or persons as aforesaid, and their award shall be binding on such 
 person or persons, and on the said Corporation respectively, so as such 
 award be made in writing wiihin three calendar months after the 
 appointment of the third arbitrator as aforesaid : Provided always 
 nevertheless, firstly, that every such submission and award shall be 
 subject to the juriscfiction of Her Majesty's (-011 rt of Queen's Bench for 
 Upper Canada, in the same manner and to the same extent for all pur- 
 poses whatsoever as if there had been a submission of the matters in 
 difference by bond between the parties containins an agreement that 
 such submission should be made a rule of that Court : And provided 
 also, secondly, that if the Head of such Corporation shall neglect to 
 appoint an arbitrator for the Corporation within such time as aforesaid, 
 or the said two first mentioned arbitrators shall bo unable to agree, or 
 shall not agree upon and appoint a third as aforesaid, or the said three 
 arbitrators, or the majority of them, shall be unable to agtee, or shall 
 not agree upon an award within the time aforesaid, then and in every 
 such case, it shall and may be lawful for such person or persons, so 
 interested as aforesaid, to institute a special action on the case at law 
 against the Municipal Corporation by which sunh By-law shall have 
 been passed, and such action shall be suslainabii', whether any entry 
 shall be made under such By-law or not, or whether any use shall be 
 made of such property under such By-law or not, and if no such entry 
 or use other than for the purposes of survey shall bo proved at the trial of 
 any such action, then the Judge who shall try the same shall certify 
 the want of such proof upon the record, and in such case it shall and 
 may be lawful for such Municipal Corporation, at any time after such 
 trial, and until four calendar months after the rendering judgment upon 
 such verdict, to repeal such By-law, and to tender and pay to the Plain- 
 tiff in such action, or to the Plaintiff's Attorney, the taxed costs of the 
 said Plaintiff in such action, and from and after such tender or payment, 
 the Municipal Corporation against whom such action shall be b iight 
 shall be discharged from the damnges which shall be assessed iu such 
 action, and the land or olher real property which shall be proposed to 
 be taken by any such first mentioned By-law, shall be and remain as 
 if no such By-law hu J been passed ; and no entry or other use of such 
 land or real property, for the purposes of such first mentioned By-law, 
 shall be lawful after the assessment of such damages by the Jury, until 
 the amount of the damages assessed, and the costs of the Plaintiff in 
 such action, shall have bee 1 levied by the Sheriff, or paid, or discharged, 
 or lawfully tendered to the Plaintiff or the Attorney for the Plaintiff in 
 such action. 
 
 CXCVI. And be it enacted, that if a lender shall be pleaded, and if if t inwful and 
 Upon the trial of any such action it shall be proven to the satisfaction of |',',"''J,',t-"n'iiy^''^'^ 
 the Jury that " lawful tender shall have been made to the Plaintiff or to defondant, nil 
 the Plaintiff -t. Attorney of a compensation or sum equal to or greater costs suiiseqncnt 
 than the amount of the damages assessed by such jury, the said jury borne by plain- 
 shall find sucli tender by their verdict, and in case of such finding, the I'lT- 
 costs of the defendant in such action, incurred after such 'nnder, shall 
 
 I'imvIm: Awardi 
 
 Bllhjoct to 
 
 Court or Q. B. 
 
 ProviM ! in rn«o 
 of llCRlCCt of 
 Hcnil ofCorpora- 
 tioii to nppoint 
 nrliitrntor, If.. 
 pnrty iiitercsteii 
 niny sue Cor- 
 poration, &c. 
 
 Action sustnin- 
 nble without 
 proving entry. 
 
 T'.y-lnwinny then 
 lie rcpc.iled, nnd 
 i-ostn tendered, 
 &c. 
 
 No entry nlloucd 
 uiuil iliTiingei? 
 and costs be paid. 
 
 in 'I 
 
60 
 
 MUNICIPAL CORPORATIONS. 
 
 hi 
 
 All ny-1nwi to 
 be nmheiitlcnted 
 l)y seal of Cor- 
 poration, ilgna- 
 ture, &,c. 
 
 Kflbctorcertifled 
 coplci. 
 
 nond*, tie., how 
 to bi> iliKiied and 
 scaled, Sec. 
 
 bo borno by the plaintiff, and the plnlntitf in such caiie shiiU roceiv;. .? 
 
 costs, fur any procuedingn subsequent to such tender. 
 
 ineiiimntinu CXCVII. And bo it enacted, That as well the arbitrators as the jury, 
 
 to"tnke hiio con. '" oslimatino the damages or compensation in any such submissions or 
 
 ■uierniion hrnctlt actions, shall take into consideration any benefit or advantage which the 
 
 ilinim'ltrfro'in''^ plaintill shall or may derive from the opening, widening or diverting 
 
 wiiiniinR 01' any such road, street, or other public thoroughfare, and deduct the same 
 
 Rood.&c. Uom the damages or compensation ; and in case the said benefit to bo 
 
 derived from the said opening, widening, or diverting such road, street, 
 
 or public thoroughfare, shall oe greater than the damages which shall 
 
 be found to arise from the taking of such land or other real property, the 
 
 award or verdict shall be for the defendant. 
 
 CXCVIII. And be it enacted, That all By-laws made and passed by 
 any Municipal Corporation under the authority of this Act, shall be 
 authenticated by the Seal of the Corporation, and by the signature of 
 the Head thereof, or of the person presiding at the meeting at which 
 the same shall have been made and passed, and also by that of the 
 Cleik of such Corporation ; and any copy of any such By-law, written 
 without erasure or interlineation, sealed with the Seal of the Corpora- 
 tion, and certified to be a true copy by the Clerk, and by any member 
 of such Corporation for the time being, shall be deemed authentic, and 
 shall be received in evidence in any Court of law or equity in this Pro- 
 vince, without its being necessary to piove such seal or signatures, 
 unless it shall be specially pleaded or alleged that the same or any of 
 them are forged or counterfeit ; and all debts, bonds, obligttions and 
 other instruments to bo executed on behalf of any Corporation erected 
 or to be erected by or under this Act, shall be valid if sealed with the 
 Seal of ihe Corpoiation, and signed by the Head of such Corporation, or 
 by such other person as shall by any By-law to be passed in that 
 behalf, be authorized to sign the same on the behalf of the Corpora- 
 tion. 
 
 CXCIX. And be it enacted, That the originals or certified copies of 
 all By-laws and regulations made by any Municipal Corporation under 
 the authority of this Act, and of all minutes of the proceedings of any 
 such Corporation shall be kept in the office of their Clerk, and shall be 
 open at all seasonable limes and hours to the inspection of the public ; 
 and the said Clerk shall be bound to furnish copies thereof at the rate 
 of six pence currency per hundred words, or at such lower rate as the 
 Corporation shall appoint ; and all meetings and proceedings of any 
 such Corporation shall be held openly, and so that no person shall bo 
 prevented from being present thereat, except only when the public inte- 
 rest shall require the contrary. 
 
 CC. And be it enacted, That so long as any City or Town erected or 
 to be erected under the authority of this Act, shall use or continue to use 
 the Court House, Gaol, and House of Correction of any County within 
 the limits or on the borders whereof such City or Town shall be situate, 
 or any of them, the Municipal Corporation of such City or Town shall 
 pay to the Municipal Corporation of such County, such annual sum of 
 money for the same as shall be mutually agreed upon between them as 
 a fair compensation for the use of such buihiings or any of them, and in 
 the event of such Corporations being unable to agree as to the amount 
 of such compensation, then the same shall be settled by the award of 
 three arbitrators, or the majority of them, to be appointed as follows, 
 that is to say : one by the Municipal Corporation of such City or Town, 
 another by the Municipal Corporation of such County, and the third by 
 such two arbitrators thus appointed, or in the event of such two arbitra- 
 tors omitting to appoint such third arbitrator within ten days next after 
 
 Orl|;inn1 Bj-InwB 
 10 lie kpjit in 
 (^lerk'sOaicr^nnd 
 open 10 tlic I'ub- 
 lic, &c. 
 
 As to Copies. 
 
 Meetings, &e., to 
 te public. 
 
 <^rporntion8 of 
 Cities using 
 gaols, &c., of 
 Counlips within 
 the limits wliere- 
 of ihcy are situ- 
 ntp, to pay to the 
 Corporntibns of 
 «ucli Counties f<ir 
 thcuscortlie^nid 
 Gaols, tc, a fair 
 compensation — 
 to Ihj settled by 
 arbitrntorR in 
 case of disngrcc- 
 laent. 
 
 )■ 
 
 \ue\v (J 
 
 oil, Hill 
 
 c pal (| 
 
 suuh 
 with re 
 and in I 
 Providd 
 poratio^ 
 called 
 uii arbij 
 ful for t| 
 behalf ( 
 shall inl 
 by suchl 
 the laps) 
 reasonat' 
 such MJ 
 should b| 
 in Count 
 same, wi 
 after sor 
 
MISCELLANEOUS TROVISIONS. 
 
 61 
 
 recei\ ;. ." 
 
 as the jury, 
 miiinions or 
 I which the 
 r (livorting 
 :t the same 
 eiiefit to bo 
 oacl, street, 
 vhich shall 
 •operty, the 
 
 1 passed by 
 it, shall be 
 signature of 
 g at which 
 that of the 
 aw, written 
 le Corpora- 
 ny member 
 hentic, and 
 in this Pro- 
 signatures, 
 le or any of 
 ^£ lions and 
 ion erected 
 ed with the 
 rporation, or 
 sed in that 
 le Corpora- 
 id copies of 
 lation under 
 [ngs of any 
 |nd shall be 
 :he public ; 
 lat tne rate 
 [ate as the 
 igs of any 
 in shall bo 
 lublic inte- 
 
 lerecled or 
 Inueto use 
 [ity within 
 ^e situate, 
 own shall 
 i\ sum of 
 them as 
 and in 
 le amount 
 I award of 
 follows, 
 or Town, 
 1 third by 
 arbitra- 
 3xt after 
 
 K 
 
 > 
 
 )' 
 
 i 
 
 M 
 
 Proviso : (iover- 
 nor (0 n|iiiolnt 
 nrtillrnlorH In ilc- 
 I'ault of Cor|iora- 
 tloiia. 
 
 Proviia ; nfter 
 llveycnrB,tiovor- 
 iior may order a 
 iifw (lareciiii-MU. 
 
 taeir own appointment, then by the Governor of this Province in Coun- 
 cil, and the umount so settled shall bu deemed n ^ubt due by the Muni- 
 c'pal Corporation of such City or Town to the Municipal Corporation of 
 such County, and its payment shall bo provided for as is hereby directed 
 with respect to other debts of such Municipal Corporations in general, 
 and in dufault thereof may bo sued fur and recovered as any such debts : 
 Provided alwoys, nevertheless, firstly, that in case either of such Cor- 
 porations shall omit for one calendar muiith after they shall have been 
 called upon for that purpose by the other of such Corporations, to appoint 
 un arbitrator on their part as above provided, it shall and may be law- 
 ful for the Governor in Council to appoint an arbitrator on the part and 
 behalf of such Corporation so neglecting to appoint such arbitrator, who 
 shall in such case nave all the same powers as if he had been appointed 
 by such Coiporation : And provided also, secondly, that whenever, after 
 the lapse of five years from the making any such award, it shall appear 
 reasonable to the Governor in Council, upon tho application of either of 
 such Municipal Corporations, that the amount of such cotnpensalion 
 should be reconsidered, it shall and may be lawful for him, by an order 
 in Council, to direct that tho then existing arrangement respecting tho 
 same, whether it be by agreement of the parties or by award, shallcease 
 after some time to be named in such order, after which the said Corpo- 
 rations shall proceed as at first, for the sultlernent either by agreement 
 or arbitration, of the amount lO be paid from the termination of such pre- 
 vious settlement : Provided also, thirdly, that every such submission and 
 award shall be subject to the jurisdiction of Her Majesty's Court of 
 Queen's Bench for Upper Canada, in like manner as if the same were 
 by bond, with an agreement therein that such submission might be 
 made a rule of that Court : And provided always, fourthly, that when- 
 ever at the time this Act shall come into force there shall be any sub- 
 sisting agreement or other settlement, whether by Act of Parliament or 
 otherwise, of the amount to be paid by any such City or Town for such 
 Court House, Gaol or House of Correction, or any of them, the same 
 shrJI be and continue in force as if it had been settled under the 
 authority of this clause at the time that this Act shall have so come into 
 force as aforesaid. 
 
 CCI. And be it enacted, That the several Villages mentioned and viiingcf, Towns, 
 named in the Schedule to this Act annexed marked A, shall respectively &c.,iiithe(iifrer- 
 have such boundaries as shall or may be established and declared for and fhe vVnMB 
 such Villages respectively, in and by any Proclamation or Proclama- iherein, lo have 
 tions, to be in that behalf issued under the Great Seal of this Province, J,''^ ,'?^'^eg',t, 
 by order of the Governor thereof in Council, at anytime on or before in act forth, 
 the first day of October next, after the passing cf this Act, and shall by 
 such boundaries be Incorporated Villages under this Act, and the several 
 Towns mentioned and named in the Schedule to this Act annexed 
 marked B, shall respectively have the boundaries set forth in the said .; 
 
 >Schedule,and shall be Towns under the provisions of this Act, and the 
 Wards of such Towns shall respectively have the names and bounda- 
 ries set forth in such Schedule in respect of such Towns; and that the 
 several Cities mentioned and named in the Schedule to this Act annexed 
 marked C, shall respectively have the boundaries both as respects such 
 Cities and the liberties thereof set forth in the said last mentioned Sche- 
 dule, and shall be Cities under the provisions of this Act, and the several 
 Wards of such Cities shall, with the liberties attached to each respec- 
 tively, have the names nnd boundaries »pt forth in the said laal men- 
 tioned Schediile in respect of such Cities, and all and singular the names 
 and boundaries of all such Villages, Towns and Cities and of the Wards 
 of such Towns and Cities shall continue until the same shall be altered 
 by competent authority in the manner in this Act set forth and provided. 
 
 AwnriU guliject 
 to Court of a. U. 
 
 ProvliO: exiatini! 
 aifrciMneiui to re- 
 iiiniii in Torce as 
 it' BCitleU uiiUcr 
 this Act. 
 
 .-#' 
 
m 
 
 m 
 
 <;! I'i 
 
 P 
 
 62 
 
 Recital. 
 
 How thia Act 
 Bhall apply to 
 certain Tovviig in 
 Schedule D. 
 
 All llie provl- 
 Biona of 'his Act 
 may be extended 
 liy I'roclauiatioii 
 to such Towns. 
 
 As to Towns 
 mentioned in 
 drst division of 
 Schedule D. 
 incorporated, 
 
 Provision with 
 respect to the 
 incorporation of 
 towns mentioned 
 in second divi- 
 sion of Schedule 
 V. on certain 
 conditions. 
 
 retition. 
 
 Proclamation. 
 
 MUNICIPAL CORPORATIONS. 
 
 ecu. Atid whereas the places mentioned in the Schedule to this Act 
 annexed marked D, and intituled, "Towns with Municipalities only or 
 without any Municipal organization," from having been the places 
 where the assizes have been usually held, or from being the seats of the 
 local Courts, or from having been named as Towns in Acts of Parlia- 
 ment, or from other causes, are or are generally reputed to be Towns, 
 and it is inexpedient to deprive them of that distinction or to subject 
 them to the more extensive organization in and by this Act provided for, 
 either Towns or Villages in general until by the increase of their inhabi- 
 tants they shall respectively become desirous of and entitled to such 
 extended organization respectively as they would be under this Act, 
 were they only Villages or Hamlets respectively : Be it therefore enacted, 
 That the several Towns mentioned in the said Schedule, with such 
 limits and boundaries as shall be established and declared for such 
 Towns respectively, in and by any Proclamation or Proclamations to be 
 in that behalf issued under the Great Seal of this Province by order of 
 the Governor thereof in Council at any time on or before the first day of 
 October next after the passing of this Act, shall be and continue to be 
 Towns as heretofore, 'out neither the provisions of this Act applicable 
 to Towns only, nor any Act, nor any .of the provisions of any Act to be 
 passed this Session, or at any time hereafter referring i:> Towns gene- 
 rally, shall thereby extend or be construed to extend to any of such 
 Towns ; Provided always, nevertheless, that it shall and may be lawful 
 for the Governor of this Province in Council at any time by Proclama- 
 tion under the Great Seal thereof, to extend the limits of any of the 
 Towns mentioned in the said Schedule D^ to divide such Town into 
 Wards, and to extend to such Town all the provisions of this Act and of 
 all other Acts applicable to Towns in general, whereupon the provisions 
 of this Act and of all such other Acts shall extend to such Town as if 
 such Town with its limits and divisions had been set forth in the Sche- 
 dule to this Act annexed marked B. 
 
 CCIII. And be it enacted. That the inhabitants of each of the Towns 
 mentioned in the first division of the said Schedule marked D, shall be 
 a Body Corpoiate apart from the Township or Townships in which such 
 Town shall be situate, and as such shall have perpetual succession and 
 a Common Seal, with all such powers within the limits of such Towti 
 as are by this Act conferred upon the inhabitants of Incorporated Villa- 
 ges, and the powers of the Corporation of such Town shall be exercised 
 by, through, and in the name of the Municipality of such Town, and 
 all the provisions of this Act, and of all other Acts hereafter to be passetl 
 applicalile to Incorporateu Villages, and the Municipalities thereof, shall 
 apply to such Town and the Municipality thereof. 
 
 CCIV. And be it enacted, That each of the Towns mentioned In the 
 second division of the said Schedule marked D, shall be and continue a 
 part of the Township or Townships within which the same shall be 
 respectively situate, and shall be and continue subject to the jurisdiction 
 of the Municipality or Municipalities of such Township or Townships as 
 if the same was an unincorporated Village or Hamlet, and that when by 
 the census returns, it shall appear that any of such last mentioned Towns 
 and any portion of a Township or Townships, which from the proximity 
 of streets and buildings, may conveniently be attached to such Town, 
 shall together contain one thousand inhabitants or upwards, it shall and 
 may be lawful for any number of the resident freeholders or householders 
 of such Town, not less than one hundred, to petition the Governor of this 
 Province that the inhabitants of such Town may be incorporated, and 
 upon such petition it shall be lawful for the Governor c*" the Province by 
 an order in Council to issue a Proclamation under the Great Seal of the 
 Province, setting forth the boundaries of such Town, and including within 
 
 such 
 ship 
 said 
 inhab 
 bound; 
 the en 
 be incl 
 situate! 
 pality ( 
 Corporl 
 all sucf 
 ferred 
 of the 
 the nar 
 this Aci 
 porated] 
 to such 
 tioned ii 
 
 ccv. 
 
 shall ap 
 
 marked 
 
 provisior 
 
 Townshi 
 
 convenie 
 
 thousand 
 
 Municipa 
 
 Province 
 
 the same 
 
 lawful for 
 
 a Proclam 
 
 limits and 
 
 after the t 
 
 from the t 
 
 all other A 
 
 in general 
 
 Town Cou 
 
 to this Act 
 
 CCVI. . 
 
 this Act CO 
 or authoriti 
 of Districts 
 existing in 
 be in the y 
 and singuli 
 lively, sha 
 aforesaid, i 
 exercise an 
 functions ai 
 January shi 
 all intents i 
 
 ccvir. 
 
 the authorit 
 any Village 
 havo force i 
 after 'he en 
 tion, and nc 
 paiatory to i 
 
 n; ii 
 
MISCELLANEOUS PROVISIONS. 
 
 63 
 
 this Act 
 9 only or 
 9 places 
 its of the 
 " Parlia- 
 i Towns, 
 subject 
 rided for, 
 r inhabi- 
 to such 
 this Act, 
 enacted, 
 'ith such 
 for such 
 ions to be 
 yr order of 
 rst day of 
 nue to be 
 pplicable 
 Act to be 
 vns gene- 
 ^ of such 
 be lawful 
 Proclama- 
 ny of the 
 ^own into 
 (\,ct and of 
 provisions 
 own as if 
 the Sche- 
 
 k 
 
 in the 
 
 bntinue a 
 
 I shall be 
 
 lisdiction 
 
 li ships as 
 
 kvhen by 
 
 kl Towns 
 
 [•oximity 
 
 Town, 
 
 ^lall and 
 
 sholders 
 
 |r of this 
 
 sd, and 
 
 Knee by 
 
 [l of the 
 
 ■ within 
 
 VVIien such Pro- 
 clainalion ehnll 
 take etluct, and 
 what itij ctrect 
 Bhall be. 
 
 Provision with 
 resBcct to tliu 
 division into 
 "Wards of certain 
 Towns in Sched- 
 ule D.on certain 
 conditioiiG. 
 
 such boundaries any such portion or portions of the said adjacent Town- 
 ship or Townships as from the proximity of streets or buildings as afore- 
 said may conveniently be attached to such Town as aforesaitl, and the 
 inhabitants of such Town as embraced within such new and extended 
 boundaries, shall, on from and after the first day of January next after 
 the end of three calendar mouths, from the teste of such Proclamation, 
 be incorporated apait from the Township or Townships in which it is 
 situate, and shall no longer be subject to the jurisdiction of the Munici- 
 pality or Municipalities of such Township or Townships, and as such 
 Corporation, shall have perpetual succession and a Common Seal, with 
 all such powers within the limits of such Town as are by this Act con- 
 ferred upon the inhabitants of any Incorporated Village, and the powers 
 of the Corporation of such Town shall be exercised by, through and in 
 the name of the Municipality of such Town ; and all the provisions of 
 this Act and of all other Acts hereafter to be passed applicable to Incor- 
 porated Villages in general, and the Municipalities thereof, shall apply 
 to such Town and the Municipality thereof as if the same were men- 
 tioned in the Schedule to this Act annexed marked A. 
 
 CCV. And be it enacted. That whenever by the census; returns it 
 shall appear that any of the Towns mentioned in the said Schedule 
 marked D, which shall have been then already incorporated under the 
 provisions of this Act as aforesaid, and any portions of the Township or 
 Townships which, from the proximity of streets and buildings, may 
 conveniently be attached to such Town, shall together contain five 
 thousand inhabitants or upwards, it shall and may be lawful for the 
 Municipal Corporation of such Town to petition the Governor of this Petition. 
 Province that the limits of the said Town may be extended, and that 
 the same may be divided into Wards, and upon such petition it shall be 
 lawful for the Governor of the Province, by an order in Council, to issue 
 a Proclamation under the Great Seal of the Province, extending such 
 limits and dividing such Town into Wards accordingly, and from and 
 after the first day of January next, after the end of three calendar months 
 from the teste of such Proclamation, all the provisions of this Act and of 
 all other Acts hereafter to be passed applicable to Incorporated Towns 
 in general or to the Town Councils thereof, shall apply to such Town and 
 Town Council thereof, as if the same were mentioned in the Schedule 
 to this Act annexed marked B. 
 
 CCVI. And be irenacted, That for and notwithstanding any thing in 
 this Act contained, the Municipal Corporation or other Municipal bodies 
 or authorities of the several Counties, Unions of Counties under the name 
 of Districts, Cities, Towns, Townships and Villages in Upper Canada, 
 existing immediately previously to the first day of January, which will 
 be in the year of our Lord one thousand eight hundred and fifty, and all 
 and singular the members, officers, and servants of the same respec- 
 tively, shall, upon and from the said first day of January, in the year 
 aforesaid, until the fourth Monday of the same month, continue to have 
 exercise and perform all and singular the Municipal and other powers, 
 functions and duties which immediately previous to such first day of 
 January shall or may by law have been vested in them respectively, to 
 all intents and purposes, as if this Act had not been passed. 
 
 CCVir. And be it enacted. That any Proclamation to be issued under 
 the authority of this Act, for the incorporation of any Village, for erecting 
 any Village into a Town, or ♦'or erecting any Town into a Chy, shall 
 havo force and effect upon, from and after t^e first day of January next, 
 after 'he end of three calendar months from the teste of such Proclama- 
 tion, and not before, except only as regards any thing to be done pre- 
 paratory to the election to be held in consequence of such Proclamation, 
 
 Proclainntion. 
 
 Corporations, 
 &c., of Districts, 
 &c., existing 
 initnediaicly pre- 
 vious to let Jan- 
 uary, 19511, to 
 remain until 4tli 
 Monday of that 
 month. 
 
 Powers of Mein- 
 bera, tcc„ to 
 continue. 
 
 Proelnmations 
 Incorporating 
 Villages, jcc, 
 when to take 
 ullect. 
 
 I '1 
 
 II ' I 
 
 M 
 
liif 
 
 :, «,! : 
 
 mn 
 
 
 I'll ';i 
 li' 'f! 
 
 64 
 
 Provisionsorthia 
 Act as to proper- 
 ty qiialitication 
 when to take 
 effect. 
 
 Who iiiny vote 
 or be elected in 
 the mean time. 
 
 Ill incorporatcJ 
 Towns, &.C. 
 
 In nnincorpo- 
 rnied Towns, 
 
 Proviso as lo 
 )ilaccs where a 
 ReiKistralion of 
 voters exists. 
 
 Proviso as to 
 first electioiiF. 
 
 Acts, &c., infon- 
 ei<lcnt with (liis 
 Act, repealed. 
 
 Interpretation of 
 word " Gover- 
 nor," &.C. 
 
 MUNICIPAL CORPORATIONS. 
 
 with regard to which such Proclamation shall have force and efTectfrom 
 the time of the teste thereof. 
 
 CCVill. And be it enacted, That no provision in the foregoing 
 enactments of this Act which requires that any person be possessed of 
 any property qualification, or be assessed for any particular amount in 
 order to his havinj; a right to vote or to be elected at any election to be 
 held under the authority of this Act, shall have any force or effect, unless 
 or until some Act be passed by the Parliament of this Province in the 
 present or some future session thereof to provide for the regulation 
 of assessments, and the levying and collecting of local ta.xes in Upper 
 Canada, and to repeal the general provisions of the Acts heretofore in 
 force for that purpose, but all such persons as have heretofore had the 
 right to vote or be elected at the annual elections of Parish and Town- 
 ship OfTicers, for the several Townships in Upper Canada, shall have 
 the right of voting and being elected for the Township and Village 
 Councillors to be elected under this Act, and such persons as have 
 heretofore had a right to vote or be elected at the Municipal Elections 
 of any City, Town or Village heretofore incorporated, or having a Board 
 of Police established by law for the same, shall have tl.e right of voting 
 and being elected for the City, Town or Village, Aldemen and Coun- 
 cillors to be elected under this Act for such City, Town or Village 
 respectively ; and the persons entitled to vote or be elected at the 
 Municipal Elections of every Town and Village not incorporated as 
 aforesaid before the passing of this Act, shall be the resident male 
 inhabitants, b(3ing either householders or freeholders of such Town or 
 Village of the age of twenty-one years or upwards, being subjects of 
 Her Majesty by biith or naturalization, and who shall have resided in 
 such Town or Village for six calendar months next previous to the 
 holding of the said election, and who shall have been rated on the 
 Assessment Roll of the said Town or Village as householders or free- 
 holders for the year previous to such election. Provided also, that where 
 the system of the registration of votes exists at the passing of this Act in 
 any City or Town, the same shall continue under the Act or Acts pro- 
 viding such registration, until altered by any Act as aforesaid : and 
 provided also, that whether any such new Act for regulating assessments 
 m Upper Canada, shall or shall not be passed prior to this Act coming 
 into force, the persons hereinbefore described as entitled to elect and be 
 elected under this Act (until such new assessment law shall have passed 
 as aforesaid,) shall be those entitled to elect and be elected respectively 
 at the first elections to be held under this Act. 
 
 CCIX. And be it enacted, That all Acts and parts of Acts and pro- 
 visions of law, either of the Parliament of this Province, or of the Par- 
 liament of the late Province of Upper Canada, and all Acts, Bv-iaws, 
 Rules and Regulations thereupon passed by any Township Meeting. 
 District Council, Board of Police, Town or City Council in Upper Canafet 
 in force in Upper Canada immediately before the time when this Ac 
 shall come into force, in so far as the same may be inconsisent with or 
 contradictory to the provisions of this Act, or which make any provisions 
 in any matter provided for by this Act, other than such as is hereby made 
 in such matter, shall be and they are hereby repealed, and shall cease 
 to be ill force upon, from and after the day when this Act shall come 
 into effect. 
 
 CCX. And be it enacteJ, That the word " Governor" wherever it 
 occurs in this Act, shall be understood to mean and include the Governor, 
 Lieutenant-Governor, or Pei'son Administering the Government of this 
 Province for the time being ; the words " Upper Canada," shall be 
 understood to mean and include all that part of this Province which 
 
 formal 
 ing th 
 stood t 
 as vvel 
 unless 
 subject 
 and all 
 constru 
 its true 
 
 CCX 
 
 or repef 
 menf. 
 
 1. C 
 
 2. G 
 
 3. 
 
 1. Belle 
 the Count 
 say : 
 
 Commei 
 tivst conce: 
 Bay of Qui 
 bers six at^ 
 along the s 
 number on 
 on the towi 
 of Quinte ; 
 '""beginnin 
 • he said 
 
 ■ffhe said 
 ^am«giii Wt 
 ;iiul t» mmi 
 that is iKMM; 
 
 The .<)jM|l: 
 >vhich !««»*( 
 liver Mo 
 
 file saici i 
 whwfh lies I, 
 .lorti «ideof 
 
 rite said 1 
 which lies n 
 liver, lo the 
 
 And the sa 
 which lies oi 
 
LIMITS OF TOWNS. 
 
 65 
 
 !tfiom 
 
 jgoing 
 ised of 
 lunt ia 
 I to be 
 unless 
 in the 
 ulation 
 Upper 
 ifore in 
 lad the 
 Town- 
 ,11 have 
 Village 
 IS have 
 .lections 
 a Board 
 )f voting 
 d Coun- 
 Village 
 1 at the 
 •rated as 
 mt male 
 Town or 
 bjecis of 
 isided in 
 IS to the 
 [\ on the 
 or free- 
 ,at where 
 is Act in 
 cts pro- 
 id -. and 
 sstnents 
 ^ coming 
 kt and be 
 te passed 
 lectively 
 
 land pro- 
 Ithe Par- 
 Jy-laws, 
 ieetisig, 
 ICana<S»i 
 Ihis Ac 
 with ot 
 [ovidions 
 jy made 
 Lll cease 
 111 come 
 
 Irever it 
 avernor, 
 
 of this 
 lihali be 
 
 which 
 
 y 
 
 formerly constituted the Province of Upper Canada ; and words import- 
 ing the singular number or the masculine gender only, shall be under- 
 stood to include more than one person, matter or thing of the same kind 
 as well as one person, matter or thing, and females as well as males, 
 unless it be otherwise expressly provided, or there be something in the 
 subject or context repugnant to or inconsistent with such constrrtction ; 
 and all other words, terms or phrases shall receive such fair and liberal 
 construction as shall be best adapted to carry out this Act according to 
 its true intent, meaning and spirit. 
 
 CCXI. And be it enacted. That this Act may be amended, altered 
 or repealed by any Act to be passed in his present session of Parlia- 
 ment. 
 
 How this Act 
 shall be con- 
 strued. 
 
 Act may be 
 amended &c. 
 this Session. 
 
 in 
 
 SCHEDULE A 
 
 VILLAGE 
 
 Villngei. 
 
 1. Chippawa. 
 
 2. Gait. 
 
 3. Oshawa. 
 
 4. Paris. 
 
 5. Richmond, (in the County of Carleton.) 
 
 6. Thorold. 
 
 SCHEDULE B. 
 
 Towns. 
 
 i. Belleville. — To consist of all that part of this Province situate within Bellevu,le. 
 the County of Hastings and lying within the following limits, that is to 
 say: 
 
 Commencing at the limits between Lots numbers six and seven in the Limits. 
 (iist concession of the Township of Thurlow, at low water mark of the 
 Buy of Quiiitti ; tlience, northerly along the side line between lots num- 
 bers six at 1 seven to the second concession road; thence, westerly, 
 along ihe said second concession line to the westerly boundary of lot 
 number one in the said first concession of Thurlow ; thence, souther!), 
 on the town line between Townships of Thurlow and Sidney to the Bay 
 of Quinte ; thence, easterly, along the shore of the said Bay to the place 
 '•"beginning: together with the Harbor, Islands and Marshes in front 
 he said Town. 
 
 e said Town to be divided into four Wards to be called respectively vVa^ds four. 
 Sarh.v/fi Ward, Ketcheson Ward, Baldwin Ward, and Coleman Waru, 
 itnd tu >s*>iraprise the following portions of the said Town respectively, 
 that is 
 
 The .'';ti«i ia,mson Ward to comprise all that part of the said Town samson Ward. 
 >vhich hfv >,^ (6 soulh-eart (of Ji- ^"Jge Street, on the north side of the 
 river JVIoien, 
 
 Tll^' 8ai ■ "" " ' um Ward to comprise all that part of the said Town Ketcheson 
 \vii, h he-: -t of bridge, and south-east of Pinnacle Street on the vVard. 
 
 iiortt «i<l« of tj»e »**<] I ivor. 
 
 Tlw! said Baldwin Ward to comprise iili that part of the said Town Baldwin Ward. 
 wiiich lies north-west of Pinnacle Street, on the north side of the said 
 liver, lo the limit of the said Town. 
 
 And the said Coleman Waul tocomprise all that part of the saidTown colcman Waid. 
 wliich lies on the west siJe of the said river Moira. 
 
 W 
 
 I 
 
 ii^t ;|i I! 
 
 *iii 
 
 * For the Boundaries of tliosc Villages, sec pages 70 and ?0. 
 
 E 
 
 il 
 
Il 
 
 I! 
 
 i i. 
 
 i 
 
 
 1 
 
 :i a 
 
 66 
 
 BKANTfOXD. 
 
 Limit*. 
 
 Wards, five. 
 
 King's Ward. 
 
 Ciucen'u Ward. 
 
 Brant Ward. 
 
 East Ward. 
 
 " MUNICIPAL CORPORATIONS. 
 
 2. Brantford. — To consist of all that part of this Province situate within 
 the county of Wentworth and lying within the following litnits, that is 
 to say : 
 
 Commencing on the north side of Colborne Street, in the eastern limit 
 of the said town as originally laid out by the authority of the government 
 of the late Province of Upper Canada ; then, north, eighteen degrees 
 thirty minutes east, seventy-nine chains forly-five links, more or less, 
 to the north-east angle of the said town as laid out by (he government as 
 aforesaid ; then, south, eighty-foui degrees thirty minutes west, eighty- 
 two chains twenty-eight links, more or less, to the north-west angle of 
 the said Town as laid out by the government as aforesaid, and to the 
 eastern limit of a certain tract of twelve hundred acres of land originally 
 granted by the Crown to Abraham Kennedy Smith and Margaret Kerby ; 
 then, south, twenty-seven degrees thirty minutes west, eight chains, 
 more or less, to the south-east angle of a parcel of land belonging to 
 Peter O'Banyon ; then, north, sixty-two degrees thirty minutes west, 
 sixty chains, more or less, to the western limit of the said lands granted 
 by the Crown to the said Abraham Kennedy Smith and Margaret Kerby ; 
 then, south, twenty-seven degrees thirty minutes west, one hundred and 
 eight chains, more or less, along the western limit of <he said lands to 
 the Gravid River; then, across the Grand River obliquely with the 
 stream in an easterly direction, and passing south of the large Island 
 about thirty chains, to the limit between the farm lands of Thomas Mair, 
 and the north part of the Brant Farm, granted by the Crown lo William 
 Johnson Kerr ; then, south, Jwenty-seven degrees twenty-five minutes 
 west, forty-two chains, rnore or less, to the rear of the lots on the south 
 side of Burford Street on the plank road ; then, south, sixty-eight degrees 
 east thirty-nine chains, more or less, to the east side of the Mount 
 Pleasant road and south side of Walnut Street on the lands of Daniel 
 Mercer Gilkison ; then, north, forty-three degrees thirty minutes east, 
 thirty-six chains, more or less, along the south side of Walnut Street 
 to the Grand River ; then, easterly, along the south side of the Grand 
 River, with the stream about thirty chains to opposite the mouth of the 
 Cove ; then, east, across the Grand River to the south side of the mouth 
 of the said Cove ; then, north-easterly along the easterly side of the said 
 Cove about twenty chains to the southern limit of the lands of the Grand 
 River Navigation Company ; then, easterly, along the south boundary 
 of the said Grand River Navigation Company's Lands, about fifiy-five 
 chains, to the western limit of the Mohawk Parsonage Glebe ; then, 
 north, five degrees thirty minutes west, forty-five chains, more or less, 
 to the place of beginning. 
 
 The said Town to be divided into five Wards to be called respectively, 
 King's Ward, Queens's Ward, Brant Ward, East Ward and North 
 Ward — and to comprise the following portions of the said Town 
 respectively, that is to say : 
 
 The said King's Ward to comprise ail that part of the said Town which 
 lies between Cedar Street and King Street, and north of the Canal, 
 together with all that part of the said Town lying south of the Grand River. 
 
 The said Queen's Ward to comprise all that part of the said Town 
 which lies north of the Canal, and between King Street and Market 
 Street to their intersection with West Street. 
 
 The said Brant Ward fo comprise all that part of the said Town which 
 lies north of the Grand River, and south of the Canal as far eastward as 
 Alfred Street, and north of the Canal, and between Market and Alfred 
 Streets. 
 
 The said East ward to comprise all that part of the said Town which 
 lies east of Alfred Street. 
 
 f 
 
 u 
 
M', 
 
 within 
 that is 
 
 rn limit 
 irnment 
 degrees 
 
 or lesfi, 
 ment as 
 
 eighty- 
 angle of 
 i to the 
 riginally 
 : Kerby ; 
 : chains, 
 nging to 
 tes west, 
 s granted 
 ;t Kerby ; 
 ulred and 
 I lands to 
 
 with the 
 ge Island 
 mas Mair, 
 ) William 
 e minutes 
 
 the south 
 ht degrees 
 he Mount 
 
 of Daniel 
 lUtes east, 
 
 nut Street 
 le Grand 
 
 ulh of ths 
 le mouth 
 
 of the said 
 \e Grand 
 boundary 
 fifty-five 
 
 be ; then, 
 re or less, 
 
 pectively, 
 ,nd North 
 id Town 
 
 wn which 
 le Canal, 
 Imd River. 
 
 lid Town 
 V\ Market 
 
 rn which 
 
 Istward as 
 
 id Alfred 
 
 m which 
 
 LIMITS OF TOWNS. 67 
 
 And the said North Ward to comprise all that part of the said Town North Ward, 
 which lies north of the Grand River (including the two large Islands in 
 the River,) and west of Cedar Street, and West Street from its intersec- 
 tion with Cedar Street. 
 
 3. BrockvUle. — To consist of all that part of this Province situate Brockvule. 
 within the County of Leeds, and lying within the following limits, that 
 
 is to say : 
 
 Comprising that part of the Township of Elizabethtown known as the Limits. . 
 front halves of Township lots numbers ten, eleven, twelve and thirteen, 
 and of the West half of Township lot number nine, and of the east half 
 of Township lot number fourteen in the first concession of the said 
 Township, extending the same respectively to the water's edge of the 
 River St. Lawrence, together Vi'dh such parts of the water of the said 
 River, and of the land under the said water as lies in front of the said 
 lots within three hundred yards of the said water's edge, and also 
 including the small Island in front of the said Town on which a block 
 house isnovr built, and all Public Roads and Highways running through 
 or by any of the said half lots withiii the exterior limits thereof. 
 
 The said Town to be divided into three Wards to be called respec- ^VanJc, three, 
 lively. East Ward, West Ward and Centre Ward, and to comprise the 
 following portions of the said Town respectively, that is to say : 
 
 The said Centre Ward to comprise all that part of the said Town known i^entrc Wnrd . 
 as the front half of the west half of the said Township lot number 
 eleven, and of the front half of the east half of the said Township lot 
 number twelve, in the first concession of Elizabethtown aforesaid, 
 extending the same respectively to the water's edge of the said River 
 Saint Lawrence, together with such parts of the water of the said River 
 and of the land under the said water as lies in front of the said last 
 mentioned half lots and within three hundred yards of the said water's 
 edge, and including the said small Island. 
 
 The said West Ward to comprise all that part of the said Town which Win Ward, 
 lies to the west of the said Centre Ward. 
 
 And the said East Ward to comprise all that part of the said Town I'ast Ward, 
 which lies east of the said Centre Ward. 
 
 4. Bytown. — To consist of all that part of this Province situate within Uvtown. 
 the County of Charleton, and lyi.ig within the following limits, that is 
 
 to say : 
 
 Commencing at the waters of the River Rideau on the line which Limiia. 
 divides Lots E and F in concessions D and C, and thence in a continuous 
 direct line, across lot number forty, to the .side-line dividing lots numbers 
 thirty-nine and forty ; thence, following the .said line northerly in the 
 first concession, to the line dividing concession A and the first conces- 
 sion, and in concession A embracing the whole of the broken lot number 
 thirty-nine to the river Ottawa, including all the islands down to the 
 southerly end of the chjiin bridge : thence, following the waters of the 
 Ottawa in the centre of the channel to the western branch of the waters 
 of the river Rideau ; thence, against the stream up the river Rideau to 
 the place of beginning. 
 
 ThQ said Town to be divided into three Wards to be called respec- W.irdp, tlircc. 
 tively East Ward, Centre Ward and West Ward, and to comprise the 
 following portions of the said Town respectively, that ,8 to say : 
 
 Lower Bytown shall comprise that portion of the sai i Town which lies Lower Bytown. 
 easterly from the Rideau Canal, and shall constitute two Wards by the 
 nameir of East Ward and Centre Ward. 
 
 ill 
 
 *^1 
 
 )i I 
 
 iS 
 
 1 
 
 s 
 
 ' ■ , 
 
 / 
 
 
 l» 
 
 i 
 
 
 
 ■ i 
 
 i. I 
 
r 
 
 if 
 
 11 
 
 
 h i 
 
 * 
 
 
 68 
 
 Eastward. 
 
 Centre Ward. 
 
 VVeit Ward. 
 Upiier Bytown 
 
 COBOURU. 
 
 Limits. 
 
 Wurds, three 
 
 Southward. 
 Kast Ward. 
 
 West Ward. 
 Cornwall. 
 
 Limits. 
 
 Wards, three. 
 
 East Ward. 
 West Ward. 
 
 Centre Ward. 
 
 Du.SDjkS. 
 
 Limits, 
 
 MUNICIPAL CORPORATIONS. 
 
 The said East Ward to comprise all that portion of the said Lower 
 Town which lies east of the centre of Dalliousie Street, 5j far as the said 
 street is now opened, and thence in a direct line produced from the cen- 
 tre of the said street until it intersects the limits of the Town on the 
 south. 
 
 The said Centre Ward to comprise all that portion of the said Lower 
 Town not included in the East Ward. 
 
 The said West Ward shall comprise all that portion of the said Town 
 which lies westerly from the Rideau Canal, and which shall constitute 
 Upper Bytown. 
 
 5. Cobourg. — To consist of all that part of this Province situate within 
 the County of Northumberland, and lying within the following limits, 
 that is to say : 
 
 Commencing on the Lake Shore, at the south-east angle of lot number 
 fourteen, in concession B ; thence, north, sixteen degrees west, to the 
 cf iiie of thn first concession ; thence, south, seventy-Tour degrees west, 
 fo tiie ceiure of lot number twenly-one, in the said concession ; thence, 
 .V. »h, si.xteen degrees east, to the Lake shore; thence, along the watei's 
 e ij^'f , to the place of beginning. 
 
 1" i^ said Town to be divided into threi Wards, to be called respec- 
 tively. South Ward, East Ward and V/est Ward. 
 
 Tilt; said South Ward to comprise all that portion of the said Town 
 v.'hi^h lies .south o^'King street. 
 
 '^1'.: -did East Ward to comprise all that portion of the said Town 
 wi:;. ; jies east of the centre of the street between lots numbers sixteen 
 and seventeen and north of King street ; and 
 
 The said West Ward to comoriso all that portion of the said Town 
 which lies west of the centre of the street between lots numbers sixteen 
 and seventeen, and north of King Street. 
 
 6. Cornwall,— To consist of all that part of this Province situate within 
 the County of l?iormo.ut, and lying within the following limits*, that is to 
 say: 
 
 Comprised within the limits or boundaries heretofore reserved and 
 set apart by Government as a Town plot, together with the parcel or 
 tract of ungranted land in front thereof, and the harbour. 
 
 The said Town to be divided into three Wards, to be called respec- 
 tively East Ward, West Ward, and Centre Ward, and to compri.se the 
 following portions of the said Town respectively, that is to say : 
 
 The said East Ward to comprise all that par. of the said Town which 
 lies between Amelia Street and the Eastern li'nits oi the snid Town. 
 
 The said West Ward to compr! ;• alltli-.t part of the said Town which 
 lies between Augustus Street a- \i the Vv'eatern boundary of the said 
 Town ; and 
 
 The said Centre Ward to compi!-:? all thai remaining part of the said 
 Town which lies between Amelia Street and Augustus Street, and not 
 included in either of the before mentioned Wards. 
 
 7. Dundas — To consist of all that part of this Province situate within 
 ♦*"" County of Halton, and lying within the following limits that is to 
 say : 
 
 Commencing on the division line between the property of George 
 Rolph, Esquire, and the property of Jhe late Harker Lyons, on the York 
 road; thence, following the said road, westerly, to the road leading up 
 the mountain to John Keagy's, the younger ; thence, in a straight lino 
 
Lower 
 tie said 
 \e cen- 
 on the 
 
 Lower 
 
 i Town 
 
 institute 
 
 B within 
 y limits, 
 
 number 
 t, to the 
 568 west, 
 , thence, 
 e waters 
 
 i respec- 
 
 id Town 
 
 lid Town 
 IS sixteen 
 
 aid Town 
 rs sixteen 
 
 ite within 
 that is to 
 
 [rved and 
 larcel or 
 
 respec- 
 Drise the 
 
 fn which 
 ['own. 
 m which 
 I the said 
 
 the said 
 land not 
 
 within 
 liikl is to 
 
 George 
 Itie York 
 Itiing up 
 Lht line 
 
 LIMITS OF TOWNS. 69 
 
 by compass to a monument within a few feet of the site of the old oat- 
 meal mill ; thence across the creek or strean. to a stone muiinment 
 placed at the distance of five hundred feet from the west bank thereof; 
 thence, following the said creek or stream at a distance throughout of 
 five hundred feet from the west and south bank thereof, to where a stone 
 monument is placed south of Mr. Ewarl's milldam ; thence, running in 
 a straight line to a stone monument placed on the boundary line belweejj 
 the property owned by John O. Hatt, Esquire, and the estate of the late 
 Manuel Overfield ; thence, to a stone monument placed on the boundary 
 line between the property owned by Thomas Halt and the said John 0. 
 Hatt ; thence, along the said bouncfary line to a stone monument placed 
 in South Street ; thence, following South Street till it intersects East 
 Street ; thence, descending the hill in a northerly direction till it inter- 
 sects the Governor's road*, thence, following the said road, easterly, to 
 a stone monument placed in a line at right angles with the place of 
 beginning ; thence, along the eaid line to the place of beginning. 
 
 V The said Town to be divided into four Wards, to be called, respec- WarJe four. 
 
 ' tively, Mountain Ward, Canal Ward, Fonndiy Ward, and Valley Ward, 
 
 and to comprise the following portions of the said Town respectively, 
 that is to say : 
 
 The said Mountain Ward to comprise all that part of the said Town Mountain Wiirci. 
 commencing on the Sydenham road at the northern boundary of the said 
 Town ; thence, running along the said Sydenham road until it intersects 
 King Street ; thence, along the said King Street in an easterly direction 
 until it intersects Main Street ; thence, along the said Main Street until 
 it intersects Baldwin or Flamboro' Street ; thence, along the same to the 
 Basin of the Desjardins Canal ; thence, along the said canal until the 
 eastern boundary or limit of the said Town is intersected ; thence, fol- 
 lowintr the said eastern boundary to the northern boundary line of the 
 said Town ; thence, following the same to the place of beginning. 
 
 The said Canal Ward to comprise all that part of the said Town, Canal Ward, 
 commencing on King Street at a post planted between the lands owned 
 by Orlando Morley and John VValker; thence, running south to ihe 
 southern boundary of the said Town ; thence, along the said bounlary 
 to the eastern boundary until the De.'sjardins Canal is intersected ; thence, 
 along the said Canal in a westerly direction until East Street is intersec- 
 ted (Coote's Paradise) ; thence, along Baldwin or Flamboro' Street to 
 Main Street ; thence, along the said Main Street in a northerly direction 
 till it intersects King Street ; thence, along the said King Street to tho 
 place of beginning. 
 
 The said Foundry Ward to comprise all that part of the said Town, Foundry Ward 
 commencing on King Street at a post planted between the lands owned 
 by Orlando Morley and Jo'ia Walker; thence, along the said King 
 Street, west, until it intersects Peel Street ; thence, south, until James 
 Street is intersected ; thence, westerly, along the said James Street 
 until it intersects the western boundary of the said town ; thence, along 
 the we.«tern and .southern boundary of the said Town until the boundary 
 between Wards Numbers Two and Three is intersected ; thence, north' 
 erly, to the place of beginning ; and 
 
 The said Valley Ward to comprise all that part of the said Town, V'niicy Ward. 
 commencing at the northern boundary of the said Town on the Syden- 
 ham Road ; thence, following the north-western limits of the said town 
 to a stone monument within a few feet of the site of the old oatmeal 
 mill ; thence, across the stream or creek to a stone monument placed at 
 the distance of five hundred feet from the west bank thereof; thence, 
 along the western boundary of the said town to a stone monument pla- 
 ced on a line at right angles with James Street ; thence, along James 
 
 . - HI 
 
 
 'tfM<»?'(is£^ 
 
■ ( 
 
 fi: I 
 
 M 
 
 
 i i! 
 
 }^ V 
 
 
 ilr' 
 
 70 
 
 QOUKIIICII. 
 
 MiiiiO. 
 
 WarJs, four. 
 
 St. George's 
 Ward. 
 
 St. Patrick's 
 Word. 
 
 ft. Andrew's 
 Ward. 
 
 St. Diivicl'd 
 Ward. 
 
 London, 
 
 Limits. 
 
 W.iriJs, four. 
 
 St. George'ii 
 Ward. 
 
 St. r.itrick's 
 War J. 
 
 St. Andrew's 
 
 War I. 
 
 MUNICIPAL CORPORATIONS. 
 
 Peel Street is intersected; thence, along Peel 
 , thence, along King Street to Sydenham Road ; 
 
 Street, easterly, until 
 Street to King Street 
 thence, along Sydenham Road to the place of beginning. 
 
 8. Goderkh.— To consist of all that pnrt of this Province situate within 
 the County of Huron, and lying within the following limits, that is to say : 
 
 Commencing at a point where the south limit of Britannia Road pro- 
 duced intersects the water's edge of Lake Huron ; thence, northerly 
 along the said water's edge to the south Pier of the Harbour ; thence, 
 easterly, along the said Pier and south side of the River Maitland, to a 
 point where the west limit of Wellington Street produced intersects the 
 said south side of the River Maitland ; thence, due south, along the 
 said produced limit of Wellington Street to the crown .of the Hill ; thence, 
 easterly along the crown of the said Hill, following the several windings 
 thereof, to tne east end of Gloucester Terrace ; thence, southerly, 
 along the eastern limit of the River Maitland, until it intersects the 
 south easterly limit of Britannia Road ; thence, south-easterly along the 
 south-east limit of Britannia Road to an angle thereof ; thence, due west, 
 along the south limit of the said Britannia Road to the place of beginning. 
 
 The said Town to be divided into Four Wards, to be called respec- 
 tively Saint George's Ward, Saint Patrick's Ward, Saint Andrew's 
 Ward, and Saint David's Ward ; and to comprise the following portions 
 of the said Town respectively, that is to say : 
 
 The said Saint George's Ward to comprise all that part of the said 
 Town which lies northward of the centre of West Street and westward 
 of the centre of North Street. 
 
 The said Saint Patrick's Ward to comprise all that part of the said 
 Town which lies northward of the centre of East Street and eastward of 
 the centre of North Street. 
 
 The said Saint Andrew's Ward to comprise all that part of the said 
 Town which lies southward of the centre of West Street and westward 
 of the centre of South Street ; and 
 
 The said Saint David's Ward to comprise all that part of the said Town 
 which lies southward of the centre of East Street and eastward of the 
 centre of south Street. 
 
 9. London. — To consist of all that part of this Province situate within 
 the County of Middlesex, and lying within the following limits, that is 
 to say : 
 
 All the lands comprised within the old and new surveys of the said 
 Town, together with the lands adjoining thereto, lying between the said 
 surveys and the River Thames, producing the northern boundary line 
 of the new survey, until it intersects the north branch of the River 
 Thames, and producing the eastern boundary line of the same new sur- 
 vey, until it intersects the east branch of the River Thames. 
 
 The said Town to be divided into Four Wards, to be called respec- 
 tively Saint George's Ward, Saint Patrick's Ward, Saint Andrew's Ward, 
 and Saint David's Ward, and to comprise the following portions of the 
 said Town respectively, that is to say : 
 
 The said Saint George's Ward to comprise all that part of the said 
 Town which lies north of the Northern Line and continuation of Hitch- 
 cock and Duke Streets. 
 
 The said Saint Patrick's Ward to comprise all that pari of the said Town 
 which lies between King Street and Saint George's Ward aforesaid. 
 
 The said Saint Andrew's Ward to comprise all that part of the said 
 Town which lies between Horton Street and Saint Patrick's Ward afore- 
 said ; and 
 
 T 
 Tow 
 
 i^i 
 
LIMITS OP TOWNS. 
 
 71 
 
 within 
 that is 
 
 [he said 
 
 Ithe said 
 
 iry line 
 
 River 
 
 lew siir- 
 
 Irespec- 
 
 ; Ward, 
 
 of the 
 
 ^e said 
 iHitch- 
 
 |l Town 
 lid. 
 
 le said 
 afore- 
 
 k- 
 
 The said Saint David's Ward to comprise all that part of the said st. Darid't 
 Town which lies south of Horton Street. ^V""'- 
 
 10. Niagara. — To consist of all that partof this Province situate within Nuoara. 
 the County of Lincoln, and lying within the following limits, that is to 
 
 say : 
 
 Commencing at Missisagua Point ; thence westerly, along Lake Limiu. 
 Ontario to Crookston ; thence, along the rear or Town line of Niagara to 
 the Black Swamp road ; thence, along the eastern limit of the lands of 
 the late Thsmas Butler. Esquire, deceased, and the lands of Garret 
 Slingerland, to the north-west angle of the lands of John Eccleston ; 
 thence, easterly, to where the lands formerly owned by the Honorable 
 William Dickson and the late Martin McLennon, deceased, come in 
 contact ; thence, easterly, along the northern boundary of the lands of 
 the said Martin McLennon, deceased, to the River Niagara ; thence, 
 northerly, down the said Niagani. River to the place of beginning. 
 
 The said Town to be divided into five Wards, to be called respectively, Wardf, (Ive. 
 Saint Lawrence Ward, Saint George's Ward, Saint Patrick's Ward, Saint 
 David's Ward and Saint Andrew's Ward, and to comprise the following 
 portions of the said Town respectively, that is to say : 
 
 The said Saint Lawrence Ward to comprise all that part of the said ri. i.awrcnco 
 Town which lies south of the centre of the Street called King Street, Ward, 
 which runs directly from the River Niagara, and commencing at the 
 house now occupied by Mr. Walter EIHot, or the Lower Ferry, and ter- 
 minating at the western limit of the Town. 
 
 The said Saint George's Ward to comprise all that part of the said st. Gcorge'i 
 Town which lies north of the centre of the Street forming the northern Ward, 
 boundary of Saint Lawrence Ward, and south of the centre of the next 
 parallel Street. 
 
 The said Saint David's Ward to comprise all that part of the said st. David'* 
 Town which lies north of the Street forming the northern boundary of ^VarJ- 
 Saint George's Ward, and south of the centre of the ne.Yt parallel Street. 
 
 The said Saint Patrick's Ward to comprise all that part of the said g,. rotricit's 
 Town which lies north of the Street forming the northern boundary of vvard. 
 Saint David's Ward, and south of the centre of the next parallel 
 Street. 
 
 And the said Saint Andrew's Ward to comprise all that part of the said saint Andrew'. 
 Town which lies north of the Street forming the northern boundary of vvard. 
 Saint Patrick's Ward. 
 
 11. Peterborough. — To consist of all that part of this Province situate 
 within the County of Peterborough, and lying within the following 
 limits, that is to say : 
 
 Comprising all the lands in the Government Surveys of the present 
 Town of Peterborough, and lying north of Townsend Street, and east of 
 Park Street to the centre of the River Otonabee, as the eastern limit of 
 the said Town, and to the centre of the allowance for road forming the 
 boundary line between the Townships of Menahan and Smith, as the 
 northern boundary of the said Town — 
 
 And divided into four Wards, to be called East Ward, North Ward, Ward», four. 
 Centre Ward, and South Ward, and to comprise the following portion of 
 the said Town respectively, that is to say: 
 
 The said East Ward to comprise all that part the said Town which Eaat Ward, 
 lies east of George Street. 
 
 The said North Ward to comprise all that part of the said Town which North Ward, 
 lies west of George Street and North of Brock Street. 
 
 Peterborough. 
 
 Liinlta. 
 
 ) .♦' 
 
 ;'\i 
 
 n 
 

 ,u 1 
 
 I I 
 
 1 
 
 i 
 
 ^ i. 
 
 ■ 1 
 
 1 1 
 
 
 t'|» 
 
 i5«il 
 
 'i 
 
 i\ 
 
 1! ■' 
 
 72 
 
 Centre Want. 
 
 tiuuib Ward. 
 
 PlCTOK, 
 
 Limit*. 
 
 '", three. 
 
 Hailoweii Ward. 
 
 Brock Ward. 
 
 Tecumsclli 
 Ward. 
 
 Tort Hope. 
 
 Llinita. 
 
 MUNICIPAL CORPORATIONS. 
 
 The aaiii Centre Ward to compri.^e all that pait of the .said Town 
 It'll lies west of Georgo Street, south of Brock Street and north of 
 .Simcoe Stioet. 
 
 Aiid the said South Ward to comprise all that part of tlie said Town 
 which lies west of George Slrout and south of Simcoe Street, including 
 the Government Reserve south of the said Town. 
 
 12. Picton. — To consist of all thatpait of thi.s Province situate witliii 
 the County of Prince Edward, and lying within the following limils, 
 lliat is to s.'iy : 
 
 Commencing on the south side line of Lot letter A, at a distance of 
 fifty chains l/oni tl • front of the Lot ; thence, across the said Lot, and 
 across Lot number one, nortli, si.xty-four dogroos forty-live minutes ea«t, 
 to a post planted on tlio limit between Lots numbers one and two in Iip 
 first Concession, nortii of the Carrying Place ; thence, at a right anglu 
 across Lots numbers two, llii>»o and four in the snid Concession ; thence, 
 along the north-east side of Lot number foui to the Hay ; theiu'e, 
 directly across t le Bay lo the lino between Lots numbeis seventeen and 
 eighteen in the first Concession east of tho Carrying Place; thence, 
 along the water's edg' o the limit between Lots numbers nineteen and 
 twenty in tho .said Coii 'ssion ; thonce, along iho limit belvveen the said 
 Lots in a south-easterly direction , twelve chains ; thence, at right angles 
 across the i^asterly half ol Lot number twenty ; tlienco, in a sontli-cast- 
 erly direct- 'i along the c<jnti'j of tlu said Lot number twenty, nine 
 hains, more or less, to the east side of John Street, thirty chain.s; 
 Uience, north, eighty decrees twenty minutes west, fonitoen chainsforty 
 links, more or less, to feast side of Church Street; thence, .'south, 
 twelve ilegrees fo ly-tive minutes ea.st, one chain sixly-five links; 
 thence, Fouth, forty-nine legrees lifteen minutes west, fifteen cliains 
 fifty links ; thence, south, thirty-two dei!;iees west to the north-eastern 
 limit of Lot number o.ic in the Conces.sion .^outh-east of the Cairying 
 Place; thence, north, eiglity-degrees twenty minutes west, along tlie 
 iKirtli-east side line of tbi said Lc lumber one to tlie fionl ef the Lot; 
 tbi noe, north, eighty- :!eve!i deyiccs forty-five minutes \^ 'st, si.\ty 
 chains, mnio .:s l"ss, to 't post on the limit between Lot,s numbers 
 twenty-one aid nventy-two in the thiicl Concession, military tiact ; 
 thence, along ihe westerly side line of the said Lot i umber twen;y-two, 
 Iwenty-four chains seventy-fonr links, more or less, to Lot leUor A 
 aforesaid ; thence, in a direct line to the j)hce of beginning, including 
 the Harbor in the above mentioned boundaries. 
 
 The said Town to be divided into thiee Wards, to bo called, respec- 
 tively, Hallowell Ward, Brock Ward and Tecumseth Ward, and to 
 comprise the following portions of the said Town, respectively, that is 
 to say : 
 
 The said Hallowell Ward to comprise all that part of the said Town 
 which lies west of Bowery Street. 
 
 The said Block Ward to comprise all that part of the said Town which 
 lies east of the said Bowery Street and north of the Bay. 
 
 And the said Tecumseth Ward to comprise all that part of the said 
 Town which I^l's on the south side of the Ba)'. 
 
 13. Port Hope. — To consist of all that pai-l of this Province, situate 
 within the County of Durham, and lying within the following limits, 
 that is to say : 
 
 Composed of Lots numbers four, five, si.v, seven and eight, tind tho 
 east half of Lot number nino in the first Concession of the Township of 
 Hope, and the broken fronts of the said Lots and Half-lot, together with 
 all those parts of Lots numbers four and five in the second Concession 
 
 oftl 
 firsl 
 is tl 
 
LIMITS OF TOWNS. 
 
 73 
 
 (1 Town 
 iioilli of 
 
 id Town 
 
 iicluiling 
 
 le witli.ti 
 g limils, 
 
 istanco of 
 
 Lot, and 
 utea east, 
 wo in Ui 
 ght anglu 
 I ; thence, 
 ; thenL-e, 
 iiileen and 
 !•, thence, 
 eteen ami 
 111 the said 
 ght angles 
 onth-cast- 
 oiity, nine 
 y chains ; 
 hains forty 
 ice, south, 
 ive links; 
 
 eti chains 
 
 I'lh-eastern 
 
 Canying 
 
 along the 
 
 jflhe Lot; 
 st, sixty 
 numbers 
 
 |uy liact ; 
 eiity-two, 
 letter A 
 
 {including 
 
 |l, respec- 
 
 1, and to 
 
 \y, that is 
 
 lid Town 
 
 Ml which 
 
 Ithe said 
 
 situate 
 limits, 
 
 Innd the 
 
 [nship of 
 
 ler with 
 
 licessioii 
 
 of the 
 
 d Tov iship of Hope, with the road allc 
 
 \ 
 
 Fill Ward. 
 
 lowancobolween the said 
 first and secood Conoessioiis, and butted and bounded as follows, that 
 is to say : 
 
 Commoncing in rear «>f the first Concession at the north-east angle of l.imiu. 
 Lot number four in the tirsl Concession ; thence, in a northerly direo- 
 tiou, across, the said allowance for road, to the south-east corner of Lot 
 number four in the si'cond Concession; thence, norii I'rly, alone the 
 easterly side of the said Lot number four in the secon<l (?onces*iion, Hfloen 
 chains; thence, westerly, in a course parallel with tha front of the said 
 second Concession, lwenty-fiv« chains; thence, southerly, in a course 
 parallel with the said line of Lot number four in the s"cond Concession 
 aforesaid, sixteen chains, more or less, to the rear line 'f the first Con- 
 cession ; thence, easterly, along the rear of the first Concession to I he 
 place of beginning, and also the water in front thereof to the distance of 
 one-fourth of a mde into Lake Ontario. 
 
 The said Town to be divided into three Wards, to be called resj vvntdf, tlireo. 
 
 lively, First Ward, Second Ward, and Third Ward, and to compri"' 
 following portions of the said Town, respectively, that is to say: 
 
 The said First Ward, to comprise all that part of the said Town which 
 lies east of the River. 
 
 The said Second Ward to comprise all that part of the said Town ScconJ Wnni. 
 which lies west of the River and south of Walter Street, continued wes- 
 terly by Ridout Street, and the front or Lake Shore Road to the western 
 limit of the said Town. 
 
 And the said Third Ward to comprise all that part of the said Town ThirdWa^d. 
 which lies west of the River and north of Walter Street, continued wes- 
 terly by Ridout Street, and the said front or Lake Shore Road to the 
 western limit of the said Town. 
 
 14. Prfscott. — To consist of all that part of this Province situate within PR':«'^ott. 
 the County of Grenville, and lying within the following limits, that is 
 to say : 
 
 Commencing at the south-eastern angle of the Township of Augusta ; Umiw. 
 tlience, north, tweuly-four degrees west to the roar of the first conces- 
 sion of the said Towuship ; thence, south-westerly, along the said con- 
 cession liiie to the limit between the east and west half of lot number 
 five in the first concession of Augusta aforesaid ; thence, south, twenty- 
 four degrees east to the river St. Lawrence ; thence, north-easterly, 
 along the water's edge to the south-eastern angle of the said Township 
 to the place of beginning, and shall take in so much of the waters of the 
 river St. Lawrence and the land under the wharves and buildings built 
 in such waters, as lie within three hundred yards in every direction of 
 the water's edge in front of the present limits of the said Town — 
 
 And divided into two Wards, in the following manner, that is to Wardi, two 
 say: 
 
 All that part of the Town on the east side of the street called Centre 
 street, leading from the river St. Lawrence tn the rear line of the said 
 Town, shall compose the East Ward ; and all that part of the Town on 
 the west side of the aforesaid street called Centre street, shall compose Westward. 
 the West Ward. 
 
 15. Saint Catharines. — To consist of all that part of this Province St. Catharines. 
 situate within the County of Lincoln, and lying within the following 
 
 limits, that is to say : 
 
 Commencing at the north-east angle of lot number sixteen, in the Limits, 
 sixth concession of the Township of Grantham, on Charles Roll's farm : 
 thence, south-westerly, along the road as now laid out, one hundred and 
 
 East Ward. 
 
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 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 87i2-4503 
 
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74 
 
 MUNICIPAL CORPORATIONS. 
 
 Wardi, three. 
 
 Saint Thomai' 
 Ward, 
 
 fiaint George'a 
 Ward. 
 
 Saint Paul'a 
 Ward. 
 
 thirty-five chains, more or less, crossing the Welland, at Ranney's mill's 
 to the western limit of the Welland canal lands ; thence, southerly and 
 easterly, along the Welland canal boundary until it intersects the allow- 
 ance for road between the sixth and seventh concessions; thence, south, 
 sixty-five degrees west along the rear of the sixth concession, to the 
 limit between lots numbers nineteen and twenty j thence, south, cross- 
 ing the main road to Hamilton, five chains ; thence, north, sixty degrees 
 east, more or less, until it intersects the allowance for road between lots 
 numbers sixteen and fifteen ; and thence, north, along the said allow- 
 ance, more or less, to the place of beginning. 
 
 The said Town to be divided into three Wards, to be called respec- 
 tively. Saint Thomas' Ward, Saint George's Ward, and Saint Paul's 
 Ward, and to comprise the following portions of the said Town respec- 
 tively, that is to say : 
 
 The said Saint Thomas' Ward to comprise all that part of the said 
 Town which lies within the following limits: 
 
 Commencing at the south-westerly angle of the said Town ; thence, 
 north, until it intersects the allowance for road between the sixth and 
 seventh concessions of Grantham ; thence, north, sixty-five degrees east, 
 along the said allowance to the Welland canal ; thence, down the said 
 canal, to the northern and western limit of the Welland canal lands ; 
 thence, easterly, across the said eanal, until it intersects the main road 
 at the north-western boundary of the said Town ; thence, north-easterly, 
 along the said boundary until it intersects Ontario Street ; thence, up 
 the said street until it Interisecte Saint Paul Street ; thence, southerly, 
 on the said street until it intersects the concession line between the 
 sixth and seventh concessions ; jhence, north-easterly, on the said line, 
 until it crosses the Welland canal; thence, up the said canal until it 
 intersects the eastern boundary of the said Town ; thence, south, on the 
 said boundary, until it intersects the south-easterly angle of the said 
 Town; thence, north-easterly, to the place of beginning. 
 
 The said Saint George's Ward to comprise all that part of the said 
 Town which lies within the following limits : 
 
 Commencing at the corner of Saint Paul and Ontario streets ; thence, 
 down the boundary of Ontario street to the north-westerly boundary line 
 of the said Town ; thence, north-easterly, on the said boundary to the 
 north-east angle of the said Town ; thence, south, until it intersects 
 Saint Paul street ; thenee, up the said street to the place of beginning. 
 
 And the said Saint Paul's Ward to comprise all that part of the said 
 Town which lies within the following limits : 
 
 Commencing at the intersection of Saint Paul's street with the eastern 
 boundary of the said Town ; thence, south, until it intersects the boun- 
 dary of Saint Thomas' Ward on the Welland canal ; thence, down the 
 said canal until it intersects the line between the sixth and seventh 
 concessions ; thence, north, up the said concession line until it intersects 
 Saint Paul street ; thence, westerly, up the said street to the place of 
 beginning. 
 
 l-i'l 
 
 Scbedule C. 
 
 Citiei. 
 
 Hamilton. 
 
 SCHEDULE C. 
 
 CITIES. 
 
 1. Hamilton. — The City and Liberties thereof to consist of all that part 
 of this Province situate within the County of Wentworth and lying 
 within the following limits, that is to say; 
 
LIMITS OP CITIES AND LIBERTIES. 
 
 75 
 
 . to the 
 
 I 
 
 I 
 
 Commencing at the north-east corner of lot number eleven, in the Llmlu, 
 Township of Barton, on the waters of Burlington Bay; thence, follow- 
 ing the line between lots numbers ten and eleven, in a southerly direc- 
 tion, to the rear of the third concession of the said Township of Barton ; 
 thence, along the said concession, westerly, to the intersection of the 
 line between lots nun.bers twenty and twenty-one of the said Township ; 
 thence, in a northerly duection, following the said line between the said 
 lots numbers twenty and twenty-one until it reaches the Marsh at the 
 head of Burlinston Bay ; thence, along the southerly and easterly mar- 
 gin of the said Marsh, to the waters of Burlington Bay; thence, along 
 the southerly margin of Burlington Bay, to the place of beginning, includ- 
 ing the several road allowances along the said boundary, and the har- 
 bour in front of the said City. 
 
 The said City to coni^st of all that part of the tract of land above 
 described, lying within the following limits, that is to say : 
 
 Commencing at the north-east corner of lot number twelve, in the • 
 Township of Barton, on the waters of Burlington Bay ; thence, following 
 the Hue between lots numbers eleven and twelve, in a southerly direc- 
 tion, to the rear of the third concession of the said Township of Barton ; 
 thence, along the said concession, westerly, to the intersection 
 of the line between lots numbers twenty and twenty-one of the said 
 Township ; thence, in a northerly direction, following the said line 
 between the said lots numbers twenty and twenty-one until it reaches 
 the marsh at the head of Burlington Bay ; thence, along the southerly 
 and easterly margin of the said marsh, to the waters of Burlington Bay ; 
 thence, along the southerly margin of Burlington Bay to the place of 
 beginning, including the several road allowances along the said boun- 
 dary, and the harbour in front of the said City. 
 
 The said City to be divided into five Wards, to be called respectively 
 Saint George's Ward, Saint Patrick's Ward, Saint Lawrence Wan!, 
 Saint Andrew's Ward and Saint Mary's Ward, and to comprise the fol- 
 lowing portions of the said City respectively, that is to say : 
 
 The said Saint George's Ward to comprise all that part of the said 
 City which lies south of King Street and west of John Street. 
 
 The said Saint Patrick's Ward to comprise all that part of the said City Saint Patrick-n 
 which lies south of King Street and east of John Street. " ' 
 
 ' The said Saint Lawrence Ward to comprise all that part of the said City St. Lawrence 
 which lies north of King Street and east of John Street. "' ' 
 
 The said Saint Andrew's Ward to comprise all that part of the said St. Aiidrew't 
 City which lies north of King Street and between John and MacNab « 
 
 Streets. 
 
 And the said Saint Mary's Ward to comprise all that portion of the 
 said City which lies north of King Street and west of MacNab Street. 
 
 And so much of the liberties of the said City as are adjacent to the 
 respective Wards shall be attached to the same respectively, and the 
 limits between the respective portions of the said liberties hereby 
 attached to the different Wards of the said City be ascertained by the 
 extension of the boundary lines between the said Wards respectively 
 through the said liberties. 
 
 2. Xtngsion.— The City and Liberties thereof lo consist of all that Ki.nosto.s. 
 part of this Province situate w^ithin the County of Frontenac and lying 
 within the following limits, that is to say : 
 
 Commencing at the water's edge on Lake Ontario in the direction of Limits, 
 the line between lots number twenty and twenty-one in the first con- 
 cession of the Township of Kingston ; theacej in a direct line to the 
 
 Wards, five. 
 
 Saint George's 
 Ward. 
 
 St. Mary's 
 Ward. 
 
 Liberties. 
 
 i '^'H 
 
 Hf-,- 
 
 ■': M 
 
 , ,■■ it 
 

 76 MUNICIPAL CORPORATIONS. 
 
 KiNorroif. second concession of the said Township of Kingston and across the road, 
 
 between the first and second concessions to the south-easterly angle of 
 '*• lot number twenty-four in the said second concession ; thence, north, 
 
 on the side line of the said lot number twenty-four to a point in line 
 with the limit between lots numbers four and five on the west side of 
 the great river Cataraqui produced from the said river ; thence, along the 
 said limit to the water's edge at low water mark ; thence, along the said 
 edge of the great river Cataraqui and along the water's edge at low mark 
 of Lake Ontario with the windings and turnings tothe place of beginning, 
 together with all the water lying between the front of the City and the 
 opposite shore of the Township of Pittsburg, as far as Point Frederick, 
 and beyond Point Frederick all the water lying in front of the said City 
 and Liberties which may be distant five hundred yards from the Main 
 shores of Wolfe Island, Garden Island and Siracoe Island. 
 
 The said Ciiy to consist of all that pait of the tract of land above 
 described lying within the following limits, that is to say : 
 
 Commencing at a point on a line produced fire hundred feet from the 
 shore in the direction of the line between lots numbers twenty-three and 
 twenty-four, in the first concession of the Township of Kingston ; thence, 
 north, along the said line, to the front of the second concession of the 
 said Township ; thence, on the northerly side of the concession road, 
 to the south-easterly angle of lot number twenty-four in the said second 
 concession ; thence, north, on the westerly side of the road, to a point 
 directly opposite the boundary line dividing lots numbers one and two, on 
 the west side of the great river Cataraqui ; thence, along the said divi- 
 sion line, to the water's edge of the said great river Cataraqui ; thence, 
 in prolongation of the said division line across the said river, to the 
 water's edge on the easterly side thereof, and along the water's edge at 
 low water mark, to the extreme south-westerly point of Point Frederick 
 in the Township of Pittsburgh ; thence, southerly, parallel to the west- 
 erly boundary line of the said City, as hereinbefore set forth, to the dis- 
 tance of five hundred feet from the said south-westerly point of Point 
 Frederick ; thence, westerly, in a right line, to the place of beginning — 
 
 The said City to be divided into seven Wards, to be called, respec- 
 tively, Sydenham Ward, Ontario Ward, Saint Lawrence Ward, Fronte- 
 nac Ward, Cataraqui Ward, Rideau Ward, and Victoria Ward, and to 
 comprise the following portions of the said City respectively, that is to 
 say : 
 Sydenham Ward. The said Sydenham Ward to comprise all that part of the said City 
 which lies westward and southward of a line drawn from the foot of 
 William Street through the centre of the said Street to the limits of the 
 said City. 
 
 The said Ontario Ward to comprise all that part of the said City which 
 lies between the last mentioned line of Sydenham Ward and a line 
 drawn from the foot of Brock Street through the centre of the said Street 
 to the limits of the said City. 
 
 The said Saint Lawrence Ward to comprise all that part of the said 
 City which lies between the last mentioned line of Ontario Ward and a 
 line drawn from the foot of Princess Street, through the centre of the 
 said Street to the limits of the said City. 
 
 The said Cataraqui Ward to comprise all that part of the said City 
 which lies eastward and northward of a line drawn from the foot of 
 Princess Street through the centre of the said Street to Montreal Street ; 
 thence, through the centre of Montreal Street aforesaid and across the 
 Artillery Reserve, to the present travelled road known as the " Montreal 
 Road ;" thence through the centre of the said road to the limits of tho 
 said City. 
 
 Wardi, wvcn. 
 
 Ontario Ward. 
 
 Si, Lawrence 
 Ward. 
 
 Cataraqui Ward. 
 
 M 
 
tlHITS OF CITIES AND LIBERTIES. 
 
 77 
 
 I 
 
 f 
 
 K 
 
 V, 
 
 The said Frontenac Ward to comprise all that part of the said City FrontenacWard. 
 which lies northward of the last mentioned line, runnin;^ through the 
 centre of Montreal Street and the Montreal Road to the City limits, and 
 northward and eastward of a line extending from Montreal Street (where 
 it intersects Princess Street) throughthe centre of Princess Street, to the 
 limits of the said City. 
 
 The said Rideau Ward to comprise all that part of the said lotnnmber Rideau Ward, 
 twenty-four, lying on the north side of the continuation of Arthur Street, 
 through the said lot in a direct line to the Concession Road between the 
 Rnt and second concessions of the said Township of Kingston. 
 
 And the said Victoria Ward to comprise all that part of the said lot victoria Ward, 
 number twenty-four lying on the south side of the said continuation of 
 Arthur Street aforesaid. 
 
 And so much of the Liberties of the said City as are adjacent to the 
 respective Wards, shall be attached to the same respectively, and the 
 limits between the respective portions of the said liberties hereby 
 attached to the different Wards of the said City, be ascertained b^ the 
 extension of the boundary lines between the said Wards respectively, 
 and through the said Liberties. 
 
 3. Toron/o.— The City and Liberties thereof to consist of all that part Toronto. 
 of the Province situate in ihe County of York, and lying between the 
 following limits, that is to say : 
 
 Commencing at the distance of one chain, on a course, south, sixteen Li,„iti. 
 degrees east from the south-westerly corner of lot number two, in the 
 first concession, from the Bay in the Township of York, in the County 
 of York; thence, southerly, in the direction of the side line between lots 
 numbers two and three, in that concession, to the distance of five hun- 
 dred feet from the point at which the said line intersects the margin of 
 the water on the shore of Lake Ontario ; thence, westerly, through the 
 waters of Lake Ontario, following the direction of the curvatures of the 
 shore, and keeping always at the distance of five hundred feet from the 
 margin of the water till the point is attained, wnich is five hundred feet 
 from the north-westermost point of the Island or Feninsnla, forming the 
 harbour ; thence, aoross the Bay or harbour of York, to a point where a 
 line, drawn southerly from the north-easterly corner of Park lot number 
 twenty-nine, in the said Township of York, in the direction of the east- 
 erly boundary line of the said Park lot, intersects the margin of the water 
 on the shore of Lake Ontario ; thence, northerly, in the direction of the 
 said line so drawn fiom the said corner of the said Park lot through the 
 said corner, to the point at which the said line so drawn through the said 
 corner intersects the northerly boundary line of the allowance for Road 
 between the Park lots and the second concession from the Bay in the 
 said Township of York ; thence, easterly, along the said northerly bound- 
 ary line of the said allowance for Road, to the easterly shore or water's 
 edge of the River Don ; thence, southerly, along the water's edge, on 
 the eastern side of the said River, to the point where the said water's ed^e 
 intersects the southerly boundary line of the allowance for Road, in 
 front of the said first concession ; thence, easterly, along the southerly 
 boundary line of the allowance for Road, in front of the said first con- 
 cession, to the place of beginning— 
 
 The said City to consist of all that part of the tract of land above des- 
 cribed lying within the following limits, that is to say : 
 
 Commencing at the distance of one chain, on a course north, seventy- 
 four degrees east, from the south-east angle of Park lot number three, 
 in the said Township of York ; thence, south, sixteen degrees east, npon 
 a continuation of the allowance for Road between Park lots numbers 
 two and three to the water's edge of the Bay in front of the said City ; 
 
78 
 
 MUNICIPAL CORPORATIONS. 
 
 Toronto. 
 Mmlla. 
 
 Ward*, lix. 
 
 St. Janiea' Ward. 
 
 St. David's 
 Word. 
 
 St. Lawrence 
 Ward. 
 
 St. George's 
 Ward. 
 
 St. Andrew's 
 Ward. 
 
 St. Patrick's 
 Ward. 
 
 Liberties. 
 
 thence, westerly, along the water's edge of the said Bay to the point at 
 which the westerly limit of the allowance for Road between Park lots 
 numbers eighteen and nixieteen, in the said Township of York, being 
 produced southerly, intersects the said water's edge ; thence, northerly, 
 in the direction of the said westerly limit of the said allowance for Road 
 to the distance of four hundred yards north of the northerly boundary 
 line of Queen Street ; thence, easterly, parallel to Queen Street to the 
 easterly boundary line of the allowance for Road between Park lots 
 numbers two and three ; thence, south, sixteen degrees east, along the 
 easterly boundary line of the said allowance for Road, four hundred yards 
 mere or less, to the place of beginning. And the remainder of the said 
 tract, to constitute the Liberties of the said City. 
 
 The said City to be divided into six Wards to be called respectively, 
 the Wards of St. James, St. David, St. Lawrence, St. George, St. And- 
 rew and St. Patrick, and to comprise the following portions of the said 
 City respectively, that is to say : 
 
 The said Ward of St. James to comprise all that part of the said City, 
 lying between the northerly boundary line of King Street east, the 
 westerly boundary line ofYonge Street, the easterly boundary line of 
 Nelson Street, and the northerly boundary line of Queen Street east. 
 
 The said Ward of St. David to comprise all that part of the said City 
 lying to the eastward of the westerly boundary line of Nelson Street, 
 and to the north of the northerly boundary line of King Street east. 
 
 The said Ward of St. Lawrence to comprise all that part of the said 
 City lying to the southward of the northerly boundary line of King Street 
 east, and to the eastward of the westerly boundary line of Yonge Street. 
 
 The said Ward of St. George to comprise all that part of the said City 
 lying to the southward of the northerly boundary line of King Street, and 
 to the westward of the westerly boundary line of Yonge Street. 
 
 The said Ward of St. Andrew to comprise all that part of the said City 
 lying between the northerly boundary line of King Street east, and the 
 northerly boundary line of Queen Street east, and west of the westerly 
 boundary line of Yonge Street. 
 
 And the said Ward of St. Patrick to comprise all that part of the said 
 City lying to the north of the northerly boundary line of Queen Street 
 west, and west of the westerly boundary line ofYonge Street. 
 
 And so much of the Liberties of the said City as lies to the southward 
 and eastward of the St. Lawrence Ward, shall be and is hereby attached 
 to the St. Lawrence Ward ; so much thereof as lies to the northward 
 and eastward of the St. David's Ward, shall be and is hereby attached 
 to the said St. David's Ward ; so much thereof as lies to the northward 
 of the said St. James's Ward, shall be and is hereby attached to the said 
 St. James's Ward ; so much thereof as lies to the southward and west- 
 ward of the St. George's Ward, shall be and is hereby attached to the 
 said St. George's Ward ; so much thereof as lies to the westward of the 
 St. Andrew's Ward, shall be and is hereby attached to the said St. 
 Andrew's Ward ; and so much thereof as lies to the northward and west- 
 ward of the St. Patrick's Ward, shall be and is hereby attached to the 
 said St. Patrick's Ward; the limits between the respective portions of 
 the said Liberties hereby attached to the different Wards of the said 
 City being ascertained by the extension of the boundary lines between 
 the said Wards respectively, through the said Liberties, except the 
 boundary line between the portions hereby attached to the St. Lawrence 
 Ward, and that hereby attached to the St. David's Ward, which shall 
 consist of the northerly boundary line of King Street east to the River 
 Don. 
 
 [Ed 
 
 lst.| 
 CountT 
 limitsl 
 seven] 
 fries, 
 allowd 
 thencd 
 road iJ 
 side-li| 
 thence 
 betweil 
 Turn pi 
 paralla 
 
the point at 
 Bn Park lots 
 ITork, being 
 i, northerly, 
 toe for Road 
 y boundary 
 treet to the 
 n Park lots 
 t, along the 
 ndred yards 
 r of the said 
 
 Bspectively, 
 
 re, St. And- 
 
 of the said 
 
 le said City, 
 3t east, the 
 Jary line of 
 eel east. 
 
 le said City 
 ilson Street, 
 at east. 
 
 of the said 
 King Street 
 onge Street. 
 
 hie said City 
 I Street, and 
 e\. 
 
 le said City 
 st, and the 
 " e westerly 
 
 of the said 
 lueen Street 
 
 southward 
 ^y attached 
 northward 
 by attached 
 1 northward 
 to the said 
 and west- 
 led to the 
 rard of the 
 ie said St. 
 I and west- 
 led to the 
 portions of 
 the said 
 between 
 ccept the 
 jawrence 
 lich shall 
 khe River 
 
 VILLAGE BOUNDARIES. 
 [established BV proclamation, dated 4th 8SPTEMBER 1849.] 
 
 1st. Go//.— To consist of all 'hat part of this Province situate within the Oalt. 
 County of Waterloo, in Upper Canada, and lying within the following 
 limits, that is to say, " Conannencing on the western limit of lot number 
 seven, in the centre of the tenth concession of the Township of Dum- 
 fries, in the said County of Waterloo ; thence, on the said limit, to the 
 allowance for higl.way between the tenth and eleventh concessions; 
 thence, along the said allowance, to its junction with the macadamized 
 road leading from Gait to Dundas ; thence, on the same course as the 
 side-lines oi the concession to the Dundas and Waterloo Turnpike ; 
 thence, along the said Turnpike, crossing the allowance for highway 
 between the eleventh and twelfth concessions, to the junction of the said 
 Turnpike with the common road leading- from Gait to Preston ; thence, 
 parallel to the allowance for highway between the eleventh and twelfth 
 concessions crossing the Grand River, to the side-line between lota 
 numbers eleven and twelve in the eleventh concession produced into 
 the twelfth concession ; thence, along the said side-line crossing the 
 allowance for highway between the eleventh and twelfth concessions, 
 and between lots numbers eleven and twelve in the eleventh conces- 
 sion, crossing the allowance for highway between the tenth and eleventh 
 concessions, and between lots numbers eleven and twelve in th~e tenth 
 concession, to the centre of the said tenth concession ; thence, through 
 the centre of the said tenth concession, crossing the Grand River, to the 
 place of beginning." 
 
 2nd. Oshawa. — ^To consist of all that part of this Province situate within Oshaw*. 
 the East Riding of the County of York, in Upper Canada, and lying 
 within the following limits, that is to say : •♦ Comprised within the 
 limits or boundaries of lots numbers nine, ten, eleven and twelve, in the 
 first concession ; and lots numbers nine, ten, eleven and twelve, in the 
 second concession of the Township of Whitby, in the said East Riding, 
 together with the allowance for road between the said four first men- 
 tioned and the said four last mentioned lots." 
 
 3rd. Paris. — To consist of all that part of this Province here- Paris, 
 tofore situate partly in the County of Waterloo and partly in the 
 County of Wentworth, in Upper Canada, and lying within the following 
 limits, that is to say: "Comprised within the limits or boundaries of 
 the southerly halves of 1 /ts numbers twenty-nine and thirty, and the 
 south-easterly quarter of lot number thirty-one, in the first concession of 
 the Township of Dumfries, in the County of Waterloo ; and all that 
 portion of the Gore of Dumfries, in the said County, lying immediately 
 m front of the above mentioned parts of lots, and extending ten chains 
 eastward of the same, including Dundas Street, in front of the said Gore ; 
 also the northerly three fourths of lot number twelve, and all that part of 
 lots numbers thirteen and fourteen, on the westerly side of the Grand 
 River, in the first concession of the Township of Brantford, in the County 
 of Wentworth." 
 
 [ 7!ie Proclamation declares the whole of the Village of Paris, according 
 to the foregoing limits, to be annexed to the County of Wentworth.^ 
 
 4th. Richmond. — To consist of all that part of this Province situate in 
 the County of Carleton, in Upper Canada, and lying within the follow- 
 ing limits, that is to say : " Comprised within the Village Lots and Ten 
 Acre Park Lots, adjoining the Village, as laid down in the Office of the 
 Commissioner of Crown Lands, and which is composed of lots numbers 
 twenty-two, twenty-three, twenty-four and twenty-five, in the second, 
 third and fourth concessions of the Township of Goulburn, in the said 
 County of Carleton, and all allowances for road between such lots." 
 
 79 
 
 Rk'hmomd< 
 
 M ':>'\. 
 
 UL 
 
 m 
 
 '\ 
 
 i'v 
 
 'T 
 
 
 ■(Hi 
 ' : !; \ 
 
k 
 
 80 
 
 ViltHCboun- 
 darlei. 
 
 CairtiWA. 
 
 TiionoLD. 
 
 Preamble. 
 
 DIVISION OF COUNTIES. 
 
 [XSTABUSHED BY PROCLAMATION, DATED 29tH SEPTEMBER, 1849.] 
 
 5th. Chippewa. — To consist of all that part of this Province situate 
 within the County of Welland, in Upper Canada, and lying within the 
 following rimits, that is to say : " Commencing at the Niasara River, in 
 the Township cf Stamford, at a point in a direct easterly line with the 
 stake and rideredrail-fence, immediately north of the Episcopal Church; 
 thence westerly to a point ten chains west of Pell's Creek, in the Town- 
 ship of Stamford, always keeping an equal distance from the River 
 Welland with the said rail-fence ; thence southerly crossing the River 
 Welland to the west side of the Sodom Road, in the Township of Wil- 
 loughby, at the west angle of the said road with Lyon's Creek Road, 
 thence southerly along the said Sodom Road twenty chains ; thence 
 easterly parallel with the River Welland to the Niagara River, always 
 keeping at the distance of twenty chains from the said River Welland ; 
 thence alone the margin of the said River Niagara, passing the River 
 Welland at its mouth, to the place of beginning.^ 
 
 6th. Thorold. — To consist of all that part of this Province situate 
 within the County of Welland, in Upper Canada, and lying within the 
 following limits, that is to say : ** Commencing at the Township Line 
 between Grantham and Thorold, at the north-east angle of lot number 
 eight ; thence south until it intersects the road leading from Queenston to 
 the Beaver Dams, at Mistress Wormers ; thence along the said road 
 westerly crossing the Swing Biidge and Canal, until it intersects Pine 
 Street ; thence north along said Street to the Concession Line at the 
 north end of lot number thirty ; thence west along said concession to 
 the line between lots numbers seventeen and eighteen to Mile Street, 
 passing the Roman Catholic Church ; thence along said Mile Street 
 west to the road leading from St. Catharines to the Beaver Dams ; thence 
 north alons said road to the said Town Line between Grantham and 
 Thorold ; thence along said Town Line to the place of beginning." 
 
 DIVISION OF COUNTIES, 
 
 VPPEB CANADA. 
 
 ACT 12 VIC, CAP. 78. 
 
 jln Act for abolishing ttie Territorial Division of Upper Canada into Districts, 
 and for providing for temporary Unions of Counties for Judicial and other 
 purposes, and for the future dissolutions of such Unions, as the increase of 
 wealth and population may require. 
 
 [30th May, 1849.] 
 
 WHEREAS by reason of the subdivision of Districts in that part of 
 this Province called Ujjper Canad?., the boundaries thereof^have, 
 in many cases, become identical with the boundaries of Counties, and 
 there being no longer any sufficient reason for continuing such territorial 
 division in that part of the Province, it is expedient to abolish the same, 
 and, following in this particular the Mother Country, to retain only the 
 name of County as a territorial division for judicial as well as all other 
 purposes, providing at the same time for temporary Unions of Counties 
 for judicial and other purposes, and the future dissolution of such Unions 
 as the increase of wealth and population may from time to time require: 
 Be it therefore enacted by the Queen's Most Excellent Majesty, by and 
 
 I 
 
^k 
 
 DISTRICTS ABOLISHED. UNIONS OF COUNTIES. 
 
 81 
 
 with the advice and consent of the Legislative Council and of the Legis- 
 lative Assembly of the Province of Canada, constituted and assembled 
 by virtue of and under the authority of an Act passed in the Parliament 
 of the United Kingdom of Great Britain and Ireland, and intituled, An 
 Act tore-unite tne Provinces of Upper and Louser-Canada^ and for the 
 Government of Canada, and it is hereby enacted by the authority of the 
 same, That thie Act shall come into and be in operation upon, from and Cominenecmeni 
 after the first day of January, in the year of our Lord, one tnousand eight o'' t**'* Acu 
 hundred and fifty. 
 
 I. ABOLITION OF DISTRICT DIVISIONS. 
 
 II. And be it enacted. That the division of that part of this Province 
 called Upper Canada,'into Districts for judicial and other purposes, shall 
 be and the same is hereby abolished. 
 
 III. And be it enacted, That the Courts, Court Houses and Gaols, 
 heretofore called District Courts, Court Houses and Gaols, shall from 
 henceforth be called County Courts, Court Houses and Gaols, and the 
 District Grammar Schools, County Grammar Schools, and all and sin- 
 pular the Offices and OfRcers now appertaining to the said Districts shall 
 henceforth belong and appertain to the said Counties respectively, and 
 wlieneverthe said OfRces or Officers have the thIe or denomination of 
 Offices or Oilicers, of or for the District, they shall henceforth have the 
 title or denomination of Offices or Officers of or for the County ; and all 
 laws at present in force, or during the present Session of Parliament 
 made or to be made applicable to the said division of territory by the 
 name of Districts, or the Courts, Offices or other Institutions thereof, 
 shall be applied to and have the same operation and efTect upon the 
 said Counties and their respective Courts, Offices and other Institutions, 
 as Counties. 
 
 lY. And be it enacted. That the Courts of Assize and Nisi Prius,and 
 Oyer and Terminer. Gaol Delivery, Sessions of the Peace and District 
 Courts, shall be held in and for the said Counties, as such Courts are 
 now held for the different districts in Upper-Canada, and that the name 
 County shall be used in designating such Courts, and also in all legal 
 proceedings where the name District is now, or by any Act passed or to 
 be passed during the present Session of Parliament, ehall be used. 
 
 II. UNIONS OF COUNTIES FOR JUDICIAL AND OTHER 
 
 PURPOSES. 
 
 V. And be it enacted, That the Counties mentioned in the Schedule 
 to this Act annexed, marked A, shall, for all judicial and municipal 
 purposes, and for all other purposes whatsoever, except for the purpose 
 of Representation in the Provincial Parliament, and that of the Regis- 
 tration of Titles, be formed into Unions as in the said Schedule particu- 
 larly set forth, and each of such Unions under the name of the United 
 Counties of and {naming them) shall 
 for all such purposes (except as before excepted) have all Courts, Offices 
 and Institutions established by law and now pertaining to Districts, or 
 which by any Act passed or to be passed during the present or any 
 future Session of Parliament, shall or may be established for Counties 
 in common between them, so long as such Counties shall remain so 
 united as herein provided. 
 
 VI. And be it enacted, That the County propwty of all such United 
 Counties shall, so long as such Counties remain united, be the common 
 property of such United Counties, in whichever of such Counties the 
 same may be shuuted. 
 
 F 
 
 Diatrlcli 
 aboliiiwd. 
 
 Diitriet Courli, 
 &e., to liecome 
 County Courts, 
 
 Laws applienble 
 to DiitrictM to 
 apply to Couii- 
 tiet. 
 
 Courts of Anize, 
 &e., to beheld in 
 and for Counties. 
 
 Certain Counties 
 to be united for 
 purposes other 
 than Representa- 
 tion and Regis- 
 tration of Titles, 
 to have Courts, 
 &c., in common. 
 
 As to property of 
 United Counties. 
 
 ♦.■;.if| 
 I 
 
 'l:- ,H 
 
 ill 
 
82 
 
 i 
 
 Ml,. 
 
 
 I; i 
 
 I, r 
 
 h 
 
 Mode or iltftcrib- 
 111)! any ITiilluil 
 ('oiiiily ill liiyiiig 
 a Vciiuc. 
 
 I.nwi relative to 
 Dimricls (uiippjy 
 to Uiiionn of 
 Couiillc*. 
 
 Which Rhall be 
 called tlietieiiior 
 County. 
 
 TownrcuvM of a 
 Junior County 
 may be made the 
 Provinioiial 
 Council of the 
 County, provided 
 certain condi- 
 tions be complied 
 with. 
 
 Provifo: Petition 
 must lie adopted 
 by two tliirdit of 
 the TownrcevcB 
 udier being 
 adopted at two 
 yearly iiieotings. 
 
 Of whom the 
 Provisional 
 Council aball 
 conaist. 
 
 Provixional 
 (.'ouncil may 
 
 DIVISION OF COUNTIES. 
 
 VII. And be it iinactuil, That in laying the Venue in any judicial 
 proceeding in which the sume may be neceiisary in any County which 
 may beso united to any other County, or Counties as hereinbefore pro- 
 vided, ihe snme shall be laid in such County by name describing it, as 
 one of the United Counties of and 
 
 (naming Mem), and for the trial of any ifldue, or for the assessment of 
 damages, in the course of any auchjudiuiul pioceeding, when such isHue 
 .shall be tried or such damages assessed by Jury, the Jury shall be sum- 
 moned from the body of the United Counties, as if the same were one 
 County. 
 
 VIII. And be it enacted. That during tho continuance of any such 
 Unions of Counties, all Laws now existing and applicable to Districts, 
 and all Laws hereafter to be made, whether during the present or any 
 future Session of Parliament, and applicable to Counties generally in 
 relation to any matter whatsoever, except only Representation in the 
 Provincial Parliament, and Registration of Titles, shall, to all intents 
 and ixirposes whatsoever, apply to every such Union of Counties, as if 
 such Union formed but one County. 
 
 III. DISSOLUTION OF UNIONS OF COUNTIES. 
 
 IX. And be it enacted. That in all the Unions of Counties provided 
 for by the fifth Section of this Act, the County within the limits of which 
 the Court House and Gaol, heretofore the District Court House and Gaol 
 shall be situated, shall be deemed the Senior County of such Union, and 
 the other County or Counties, the Junior County or Counties thereof. 
 
 X. And be it enacted, That so soon as by the census taken according 
 to any Act of Parliament now in force, or hereafter to be in force, for 
 taking a census of the inhabitants of tnis Province, or of that part of it 
 called Upper-Canada, it shall appear that any Junior County of any such 
 Union of Counties, as is provided for by the said fifth Section of this Act, 
 contains a population of not less than fifteen thousand souls, it shall and 
 may be lawful for the Grovernor of this Province, by an Order in Council 
 upon the Petition of two-thirds or more of the Townreeves for the time 
 being of such Junior County, if he shall deem the circumstances of such 
 Junior County such as to call for a separate establishment of Courts, and 
 other County Institutions, to issue a Proclamation under the Great Seal 
 of this Province setting forth the same, naming a place within such 
 Junior County for a County Town, anderectins the Townreeves for such 
 Junior County, then elected or thereafter to oe elected for Ihe same, 
 into a Provisional Municipal Council for such Junior County, and declar- 
 ing such Municipal Council a Provisional Municipal Council, under the 
 authority of this Act, until the dissolution of such Union of Counties as 
 provided for by this Act : Provided always, nevertheless, firstly, that no 
 such petition shall be presented or acted upon, unless adopted and 
 signed by such two-thirds, in the month of February after their election 
 or appointment, nor until a resolution declaratory of the expediency of 
 presenting such petition shall have been adopted by a majority of such 
 Townreeves for the time being, present at two several meetings to be 
 called for that purpose, by a majority of such Townreeves for the time 
 being, the one to be held some time in the month of February, in the 
 year next but one preceding that in which such petition shall have been 
 so adopted and signed, and the other in the month of February in the 
 year next preceding such last mentioned year : Provided also, secondly, 
 that every such Provisional Municipal Council shall, from time to time, 
 and at all times during its continuance as such, consist of the Townreeves 
 for the several Townships, Villages and Towns in snch Junior County. 
 
 XI. And be it enacted. That every Provisional Municipal Council 
 erected by Proclamation as aforesaid, shall have all the powers in, over, 
 
judicial 
 ty which 
 iforo pro- 
 iiig it, as 
 
 sment of 
 
 uvh issue 
 
 be auin- 
 
 «exe one 
 
 any such 
 Distriut!<, 
 nt or any 
 leially in 
 on in the 
 ill intents 
 ties, as if 
 
 I provided 
 3 of which 
 and Gaol 
 Jnion, and 
 hereof. 
 
 according 
 I force, for 
 : part of it 
 if any such 
 jf this Act, 
 I shall and 
 in Council 
 ir the time 
 res of such 
 'ourts, and 
 Sreat Seal 
 ithin such 
 3S for such 
 the same, 
 nd declar- 
 underlhe 
 )anties as 
 ly, that no 
 »pted and 
 ir election 
 [dieiicy of 
 y of such 
 gs to be 
 the time 
 •y, in the 
 lave been 
 iry in the 
 jsecondly, 
 to time, 
 Iwnreevep 
 ;;ounty. 
 Council 
 in, over, 
 
 DISSOLUTION OF UNIONS. 
 
 13 
 
 purehnM! pro|icr. 
 ly Tor Court 
 lloiKei anil 
 <inul«, niid raixu 
 iiioiipy Tor ttini 
 liiirpose. 
 
 and with respect to such Junior County as are now by Law vested, or as 
 hereafter mav by Law be vested in the different Municipal Councils in 
 Upper-Cannda, so far as the same shall or may be requisite, for the pur- 
 chase or procuring of the necessary property on which to erect a Court 
 House and (laol, — fur the erection of such Court Mouse and (>uol, — and 
 for raising, levying and collecting the necessary moneys to defray tlie 
 expenses of the same, and for remunerating the Provisional Oftiuers 
 employed or to be employed in or about the same : Provided always, I'rovifo a* to 
 that nothing herein contained shall extend or be construed to extend in {*uncii o'f the 
 any way to interfere with the powers of the Municipal Council of such Union. 
 Union, but all moneys to be raised by such Provisional Municipal 
 Council as aforesaid, shall be independent of, and in addition to, any 
 moneys that may be directed to be raised by the Municipal Council of 
 such Union, under the powers in them vested or to be vested by Law. 
 
 ProviBjoiinl 
 Otflirers iiiiiy ho 
 appointed for 
 Bticli purpose. 
 
 Provifioiml 
 CouncU to be a 
 Corporation. 
 
 How moneys 
 directed to be 
 raUi'il shall bo 
 levied, Ss,c. 
 
 XII. And bo it enacted^ That every such Provisional Municipal 
 Council shall have power m their discretion to appoint a Provisional 
 Warden, a Provisional Treasurer, and such other Provisional Officers for 
 such County as they may deem necessary for the purchase or procuring 
 of such property, — the erection of such Court House and Gaol — the safe 
 keeping of such moneys, — and the protection and preservation of such 
 property when thus acquired ; which Provisional Warden, Treasurer 
 and other Provisional Officers shall hold their offices during the pleas- 
 ure of such Provisional Municipal Council. 
 
 XIII. And be it enacted, That every such Provisional Municipal 
 Council shall be a Body Corporate by the name of the Provisional Muni- 
 cipal Council of the County of (naming it,) and as such, 
 shall have all Corporate powers- necessary for the purpose of carrying 
 into efTect the object of their erection into such Provisional Municipal 
 Council as herein provided, and none other. 
 
 XIV. And be it enacted, That all moneys directed to be assessed, 
 levied and collected upon such Junior County by any By-law of such 
 Provisional Municipal Council, shall be assessed, levied and collected 
 by the same persens and in the same manner as the moneys directed to 
 be assessed, levied and collected by the Municipal Council of the Union 
 to which such County shall belong, and shall be paid over by the Col- 
 lector thereof to the Provisional Treasurer of such Junior County in the 
 like manner as other moneys are payable over to the Treasurer of such 
 Union : Provided always, firstly, that every Collector of such moneys 
 shall be entitled to deduct and apply to his own use, for the trouble and 
 responsibility of such collection, a sum equal to two and a half per cen- 
 tum upon the moneys paid over by him to such Provisional Treasurer 
 as aforesaid, and no more: Provided also, secondly, that the moneys so 
 collected shall in law and equity be deemed and taken to be moneys 
 collected for such Union, so far as to charge every such Collector with 
 the same, and to render him and his sureties responsible to such Union 
 for such moneys : And provided also, thirdly, that all such moneys 
 recovered or received by any such Union from any such Collector or his 
 sureties, shall, after deducting the expenses of collection, be accounted 
 for to such Junior County, and paid over to the Provisional or other 
 Treasurer thereof, so soon as the same shall be received. 
 
 XV. And be it enacted, That so soon as any such Provisional Muni- Junior County 
 cipal Council for any such Junior County as aforesaid, shall have pur- n"a*iiyng°eement 
 chased or procured the necessary property, at the County Town of such as to dAu 
 County, and erected thereon suitable buildings for the purposes of a 
 
 Court House and Gaol, adapted to the wants of such County, and in con- 
 formity with any statutory, or other rules or regulations in force respect- 
 ing such buildings generally in Upper-Canada, it shall and rtiay be 
 
 rrovlHo : per 
 centoge to Col- 
 lector. 
 
 Provivo : Collec- 
 tors liable as for 
 moneys of the 
 Union. 
 
 Moneys to be 
 accounted Tor to 
 Junior County. 
 
 m 
 
M 
 
 if 
 
 Ml 
 
 
 Who mny vote ni 
 to lueli agree- 
 ment. 
 
 Arbicratioii Tor 
 riernnlt of agreu- 
 
 IllCllt. 
 
 Third Arliitralor 
 how appointed. 
 
 Provito: Gover- 
 nor III Council to 
 nppointnn Arlii- 
 trntor hi default 
 of either 
 Council. 
 
 AwnrdtobcRUb- 
 Ject to Jurisdic- 
 tion of Uueen'i 
 Bench. 
 
 Settled portion 
 nil due by Junior 
 Coiiniy to t)ear 
 interest nnd be 
 provided for ai 
 other debts. 
 
 AiKSiinents for 
 the year of sepa- 
 ration to belong 
 to the Union. 
 
 Appointment of 
 ShcrifT, Judges, 
 Juntices, ito., in 
 the Junior 
 County after 
 separation. 
 
 DIVISION OF COUNTIES. 
 
 lawful for siioh Provisional Municipal Council lo enter into an agrooment 
 wilh Iht] Municipal Council of ilto Union to which such Junior County 
 shall belong, for the ailjnstment and settlement of the proportion, if any, 
 of any (iebt due hy such Union, and which it may be just that such 
 Junior County, on its being disunited from such Union, should take upon 
 itself, with the time or times of payment thereof ; and every such agree- 
 ment, so entered into, shall, both in law and equity, be and continue to 
 be binding upon such Junior County, and upon the County or Counties 
 from which it shall be disunited : Provided always, firntlv, that none of 
 the Members of the Municipal Council of such Union, who shall also be 
 Members of the Provisional Municipal Council of such Junior County, 
 shall take any part or give any vote in the Municipal Council of such 
 Union, on any question or matter touchingor concerning such agreement 
 or any proposal connerited with the same: Provided also, secondly, that 
 in default of the said Municipal Councils entering into any such agree- 
 ment, the proportion of such debt, to be assumed uy such Junior County 
 shall be settled by the award of three Arbitrators, or the majority of 
 them, to be appointed so soon as such property shall have been pur- 
 chased or procured, and such Court House and Gaol erected, as follows, 
 that is to say, one by the Municipal Council of such Senior County or 
 Union of Counties, and the other by the Provisional Municipal Council 
 of such Junior County, and the third by such two Arbitrators thus 
 appointed : or in the event of such two Arbitrators omitting to appoint 
 such third Arbitrator within ten days next after their own appointment, 
 then by the Governor of this Province in Council : Provided also, thirdly, 
 that in case either such Municipal Council or such Provisional Munici- 
 pal Council, shall omit for one calendar month after they shall have been 
 called upon for that purpose by the other of such Councils, to appoint an 
 Arbitrator on their part as above provided, it shall and may be lawful 
 for the Governor in Council to appoint an Arbitrator on the part and 
 behalf of such Municipal Council, or Provisional Municipal Council so 
 neglecting or omitting to appoint such Arbitrator, who shall, in such case, 
 hare all the same powers as if he had been appointed by such Muni- 
 cipal Council, or Provisional Municipal Council, as the case may be : 
 And provided also, fourthly, that every such submission and award shall 
 be subject to the jurisdiction of Her Majesty's Court ef Queen's Bench 
 for Upper Canada, in like manner as if the same were by bond with an 
 agreement therein, that such submission might be made a Rule of that 
 Court : And provided also, fifthly, that the portion, if any, of such debt 
 so agreed upon or settled, shall be a debt due from such Junior County 
 to the County or Counties from which it shall have been disunited, aiid 
 shall bear legal interest from the day on which the Union shall be actu- 
 ally dissolved, as hereinafter provided : and its payment shall be provi- 
 ded for by the Municipal Council of such Junior County, after the disso- 
 lution of such Union, in like manner as is or sliall be required by law, 
 with respect to other debts due by such Municipal Council, in common 
 with others, and in default thereof, may be sued for and recovered as any 
 of such other debts. 
 
 XVr. And be it enacted, That all assessments imposed by the Muni- 
 cipal Council of any such Union, for the Calendar year in which any 
 Proclamation for disuniting any Junior County from such Union shall 
 issue, as hereinafter mentioned, shall belong to such Union, and shall 
 be collected, accounted for, and paid over accordingly. 
 
 XVII. And be it enacted, That so soon as may be after such Pro- 
 visional Municipal Council shall make it appear, to the satisfaction of 
 the Governor of this Province in Council, that such property has been 
 purchased or procured, and such Court House and Gaol erected, and the 
 proportion of the said debt (if any) to be assumed by such Junior County 
 
 E 
 
 dal 
 
 Prd 
 
 Sh] 
 
 Upl 
 
 Kill 
 
 Act} 
 
 Prd 
 
 for\ 
 
 quaj 
 
 bo 11 
 
grooment 
 jr County 
 n, if any, 
 that Buch 
 lake upon 
 ch agree • 
 )ntinue to 
 Counties 
 It none of 
 all also be 
 »i' County, 
 I of such 
 Lgreetnent 
 mlly, that 
 ich agree- 
 ior County 
 lajority of 
 been pur- 
 ls follows, 
 County or 
 il Council 
 utors thus 
 to appoint 
 lointnnent, 
 so, thirdly, 
 kl Munici- 
 have been 
 appoint an 
 be lawful 
 I part and 
 pouncil so 
 such case, 
 ich Muni- 
 may be : 
 ward shall 
 (I's Bench 
 d with an 
 le of that 
 mch debt 
 )r County 
 ited, and 
 be actu- 
 provi- 
 e disso- 
 by law, 
 common 
 d as any 
 
 Le Muni- 
 Jich any 
 Ion shall 
 ]nd shall 
 
 Jich Pro- 
 Iction of 
 IS been 
 I and the 
 1 County 
 
 DISSOLUTION OP UNIONS. 
 
 85 
 
 shall have been adjusted or settled as aforesaid, a Judga, a Surrogate, a 
 
 Sheriff, at least one Coroner, a Clerk of the Peace, and, at least, twelve 
 
 Justices of the Peace, shall be appointed foi <<iuch Junior County, with a 
 
 proviso in the Commissions appointing them respectively, that such 
 
 Commissions respectively shall not take effect or be in force unlil the 
 
 day on which such Counties shall be disunited, as hereinafter provided: 
 
 Provided always, nevertheless, that the sureties to be given by such rravino m lo iho 
 
 Sheriff, as required by the Act of the Parliament of the late Provmoe of ■•'curiiy to i« 
 
 Upper-Canada, passed in the third year of the Reian of His late Majesty Hirp'r'i'ir'Hi.'.ier 
 
 King William the Fourth, numbered chapter eight, and intituled, An Acioiu. c.3. 
 
 Act to make certain regulations relating to the office of Sheriff in thi$ *^' * *' "• 
 
 Province, and to require the several Sheriffs of this Province to give security 
 
 for the due fulfilment of the duties of their office, and the affidavit of hia 
 
 qualification in respect of property required by the same Act, shall not 
 
 be required to be entered into, made, or given, by any such Sheriff so 
 
 appointed, within the time specified in tliat Act, but shall be entered 
 
 into, and made and given wittiin the first six calendar months next after 
 
 th? Commission of such Sheriff shall take effect as aforesaid, and in 
 
 default of the same being duly entered into, made and given, within 
 
 such six months, such Sheriff shall, ipso facto, forfeit his omce. 
 
 XVIII. And be it enacted, That so soon as such appointments shali 
 be so made as aforesaid, it shall and may be lawful for the Governor of 
 this Province in Council, by Proclamation under the Great Seal thereof, 
 to declare such Junior County disunited from such Union, upon, from 
 and after the first day of January which shall occur next after three 
 calendar months after the teste of such Proclamation, and such Junior 
 County shall, upon, from and after such first day of January, to be so 
 named in the said Proclamation, as aforesaid, be, to all intents and pur- 
 poses whatsoever, disunitei' from such Union, and if such Union snail 
 have consisted of only two Counties, such Union shall, upon, from and 
 after such first day of January, be absolutely dissolved ; and if of more 
 than two Counties, the remaining Counties shall remain united, and 
 thereupon the said Provisional Municipal Council of such Junior County 
 shall, upon, from and after such day, lapse and be absolutely di8solve(f, 
 and none of the Courts or Officers of the Senior County, or of the Union, 
 shall, as such, have any jurisdiction or authority whatsoever in or over 
 the said County so disunited from such Union, as aforesaid; any thing 
 in their respective iimisaions, or in any Act of Parliament, either of 
 this Province or the late Province of Upper-Canada, to the contrary not 
 withstanding. 
 
 XIX. And be it enacted, That upon the disuniting any such Junior 
 County from any such Union, there shall be a separate Registry of Titles 
 for such County as for other Counties generally in Upper-Canada. 
 
 XX. And be it enacted, That upon the disuniting any such Junior 
 County from any such Union, all the Public Property of such Union not 
 situate, lying ai^d beiag within such Junior County, shall, ipso facto, 
 become the sole property of, and be thereupon vested in the remaining 
 County or Counties of such Union, and all the public property of such 
 Union situate, lying and being within the limits of such Junior County, 
 shall, ipso facto, become the sole property of and be thereupon vested m 
 such Junior County. 
 
 XXI. And be it enacted, That all Actions, Informations and Indict- 
 ments, pending at the time so appointed by Proclamation for the dis- 
 uniting such Junior County from such Union, shall be tried in the Senior 
 County, unless by order of the Court in which the same shall be ponding 
 in Term time, or of some Judge thereof in vacation, the Venue therein 
 shall be changed to the Junior County, which change every such Court 
 
 On lit Janiinry 
 iii>xtnrtrr lhc(>ii)t 
 
 or two IIIOIItllM 
 
 frotii the (line of 
 n Proclainnilou 
 lo lie isiucil in 
 that lielmir, iha 
 IJnion ilinil lie 
 iMHOlved, fcc. 
 
 Ai toreinnlning 
 Coiiiitici irthe 
 LTiiioii wni of 
 more tlinn two. 
 
 Beparntc RcrIi 
 try of drcili for 
 Junior Counliea 
 
 Property of the 
 Union in either 
 County to he- 
 come the proper- 
 lyofihai County. 
 
 Provisiont ai lo 
 nctioim, 4ic., 
 pendinfc nttlie 
 diiiolutiQn of 
 any Union. 
 
 •I I 
 
 1 
 
 L ; 
 
 t ! 
 
 • 1 
 
 1 
 
 I:'' 
 
 t 
 
 i 
 
 
 f 
 
 I. <:. 
 
 ■mi 
 
 ! II ■ 
 ■f 
 
 'i' 
 
 
 I 
 
 * 
 
 t 
 
 ! 
 
 r • ■ ' 
 
 '.1 
 
 , J.' 
 
 t 
 
 « , I 
 
86 
 
 DIVISION OF C0UNTIE8. 
 
 Proceudinas it 
 tilt! Vviiiio be 
 ctiaiijscd. 
 
 iMWi npplicable 
 to Gaolf and 
 Court Ilougea to 
 become applica- 
 ble to tho% in 
 the Junior 
 County, jte. 
 
 ; J* 
 
 'I 
 
 Certain Counties 
 to consist of all 
 the Townships 
 within their 
 area for all pur- 
 poses. 
 
 Oneida and 
 Seneca nttaehed 
 to WeniwortU 
 for certain pur- 
 poses. 
 
 Rainhain and 
 VValpole attach- 
 ed to Norfolk for 
 certain puriwses. 
 
 Ifow certain 
 tyOiiiitics are to 
 lie formed for all 
 purposes. 
 
 rrovjso. 
 
 How Cities arc 
 to be ftirnicd for 
 puriwses of 
 Buprerpniation. 
 
 or Jud^, is hereby authorized to grant and direct, either on the consent 
 of parties, or in their or his discretion, on hearing such parties to the 
 point by affidavit or otherwise. 
 
 XXIf. And be it enacted^ That upon any 8uchchanf»e of Venue, the 
 records and papers of every such Action, Information and Indictment 
 shall, when necessary, be transmitted to the proper Offices of such Junior 
 County. 
 
 XXni. And be it enacted. That all and every the Rules and Regula- 
 tions, provisions matters and things contained in any Act or Acts of the 
 Parliament of this Province, or of the Parliament of the late Province of 
 Upper-Canada, for the Regulation of or relating to Court Houses and 
 Gaols, or either of them, which shall be in force and operation at the 
 time so appointed by Proclamation for disuniting such Junior County 
 from such Union as aforesaid, shall be and are hereby extended to the 
 Court House and Gaol of such County so disunited as aforesaid, and the 
 said Courts of Assize, Nisi Prius, Oyer and Terminer, Gaol Delivery, 
 Sessions of the Peace, County, Surrooate, and every other Court of the 
 said Junior County required to be held at a certain place, shall be com- 
 menced, and from time to time holdeu at the Court House so erected and 
 declared to be the Court House of such County by such Proclamation as 
 aforesaid, or any other that may be lawfully substituted for the same. 
 
 XXIV. And whereas the Counties mentioned in the Schedule to this 
 Act annexed marked C. comprehend one area of territory for some pur- 
 poses, and another and different area for other purposes : And whereas 
 such diversities are inconvenient and should be discontinued — Be it 
 enacted. That the several Counties mentioned in the said Schedule 
 marked C, shall^ as well for the purposes of Representation, and the 
 Registration of Titles, as for Judicisu, Municipal, and all other purposes 
 whatsoever, consist of and include the Townships and places mentioned 
 as lying therein, the said Schedule C, and sucii other Townships and 
 places as from time to time may hereafter be attached thereto according 
 to Law. 
 
 XXV. And be it enacted. That for judicial purposes only, the Town- 
 ships of Oneida and Seneca shall remain attached to and form part of 
 the County of Wentworth so long as the County of Haldimand shall 
 remain united to the County of Lincoln, and nu longer. 
 
 XXVI. And be it enacted^ That for judicial purposes only, the Town- 
 ships of Rainham and Walpole shall remain attached to and form part 
 cf the County of Norfolk so long as the County of Haldimand shall 
 remain united to the County of Lincoln, and no longer. 
 
 XXVII. And be it enacted. That the several Counties in Upper-Canada 
 not mentioned in the Schedule to this Act annexed marked C, shall, 
 as well for the purpose of Representation and the Registration of Titles, 
 as for Judicial, Municipal and all other purposes whatsoever, consist of 
 and include the several Townships, Villages, Towns and places of which 
 for the purpose of Representation, such Counties are now by Law 
 declared to consist, and such other Townships and Places as from time 
 to time may hereafter be attached thereto according to Law : Provided 
 always nevertheless, that nothing in this Section contained shall inter- 
 fere, or be construed to interfere, with the union of certain of such 
 Counties for the purposes of Representation in Parliament as hereinafter 
 mentioned. • 
 
 XXVIII. And be il enacted, That for the purposes of Representation 
 in the Provincial Parliament, the City of Toronto and the Liberties 
 thereof shall form no part of the County of York ; the City of Kingston 
 and the Liberties thereof, no part of the County of Frontenac ; and the 
 
y* 
 
 [ntaiion 
 lbertie» 
 jinsston 
 Ind tha 
 
 MISCELLANEOUS PROVISIONS. 87 
 
 City of Hamilton and the Liberties thereof, no part of the County of 
 Wentworth ; and the Towns of Niagara, Cornwall, Brockville, London 
 and Bytown, no part of the respective Counties of Lincoln, Stormont, 
 Leeds, Middlesex, or Carleton, within the bounds of which such Towns 
 are respectively situated. 
 
 XXIX. And be it enacted, That the Cities of Toronto, Kingston and Toronto, kihr- 
 Hamilton, with their respective Liberties, shall for all Judicial purposes "n? uni'tcln""' 
 except as hereinafter excepted, be united to the following Counties their coumicii for 
 respectively, that is to say : the said City of Toronto and tho Liberties •'"•'''=''''' 
 thereof to the County of York ; the said City of Kingston and the Liber- '""'^'""'' 
 
 ties thereof to the County of Frontenac ; and the said City of Hamilton 
 and the Liberties thereof to the County of Wentworth ; excepting always 
 nevertheless, as respects such Cities and the Liberties thereof, such Kzceptiomi. 
 Judicial Powers and Provisions as are comprehended in the respective 
 Legislative Charters of such Cities respectively, or such powers and 
 provisions as may be so comprehended in any Act or Acts for amending 
 those Charters or any of them, or in any general Act for that purpose 
 applicable to the whole of such Cities in general, or in any other Act or 
 Acts applicable to them, or any of them in particular. 
 
 IV. MISCELLANEOUS AND TEMPORARY PROVISIONS. 
 
 XXX. And be it enacted. That the Townreeves of the different Provision as to 
 Townships, Unions of Townships, Villages ai>d Towns in the Counties p'^yj^" ','*"', 
 of Kent and Lambton, shall form a Provisional Municipal Council for Lmi"bion and 
 such Counties as United Counties, and such Provisional Municipal Kent. 
 Council shall, with respect to such Counties, have, possess and exercise 
 
 all and singular the rights, powers, privileges and duties hereby confer- 
 red, granted or imposed upon Provisional Municipal Councils generally, 
 erected by Proclamation under the authority of this Act, and also all 
 such powers as by an Act of the Parliament of this Province, passed in 
 the Session held in the tenth and eleventh years of Her Majesty's Reign, 
 intituled, An Act to divide the Western District of the Province of Canma, 
 and for other purposes therein mentioned, were conferred upon the Town- 
 ship Councillors of the different Townships of the said Counties ; and 
 sucn Provisional Municipal Council shall be charged with and liable to 
 any debt that may have been contracted by competent authority on 
 behalf of the District by that Act intended to be erected ; and the Muni- 
 cipal Corporation of such United Counties, both Provisional and Perma- 
 nent, shall and they are hereby required to'provide for the payment of 
 
 Action u V. 
 
 c. 39. 
 
 every such debt, and in default 
 and may be sued for, recovered 
 as in the case of debts of any other 
 Canada. 
 
 of their doing so, the same shall 
 
 and levied by rate or otherwise. 
 
 Municipal Corporation in Upper 
 
 XXXI. And be it enacted. That so soon as the Court House and Gaol, Funiicr provi^- 
 now in course of being erected under the authority of the said Act of ![^",'"„^f8,?"''''' 
 Parliament last mentioned, shall have been completed, according to the coimtivii afKent 
 provisions of the said Act, and the other provisions of the fifteenth Sec- and LumUon. 
 tion of this Act, shall have been complied with by the said United 
 Counties of Kent and Lambton, it shall and may be lawful for the 
 Governor of this Province in Council to issue a Proclamation, dissolving 
 the Union between the said United Counties of Kent and Lambton and 
 the Couniy of Essex, and from thenceforth the said United Counties of 
 Kent and Lambton shall form a Union of Counties, and all the provi- 
 sions of this Act applicable to Unions of Counties in general shall be 
 applicable to such Union to all intents and purposes, as if such United 
 Counties were set forth as such in thg Schedule to this Act annexed 
 marked A. 
 
 
 11 
 
 
 
 
 
 ' .' 'I .; 
 
 :. )' 
 
I 
 
 I 
 
 .1 
 
 88 
 
 Provlilon HI to 
 ponding nctiont 
 and other pro- 
 ceeding!) in the 
 pi eseni Districts. 
 
 Recital. 
 
 Townreevcs in 
 each of the 
 counties of 
 lialdimand and 
 Welland lo be a 
 Provisional 
 Council, &c. 
 
 Provision 
 respecting the 
 Union of the 
 counties of Lin- 
 coln, Haldiinand 
 •ud Welland. 
 
 DIVISION OP COUNTIES 
 
 XXXII. And be it enacted, That all actions, informations, indict- 
 ments, inquisitions and other proceedings, of what nature or kind 
 soever, whether of a judicial or any other character, now pending in the 
 several Districts in Upper-Canada, shall from henceforth be deemed and 
 taken to all intents and purposes whatsoever, to be pending in ihe 
 Counties or Unions of Counties, to which they are respectively trans- 
 ferred, as respectively set forth in the Schedule to this Act annexed 
 marked B, as if the same had been originally instituted and proceeded 
 vrith in such Counties or Unions of Counties respectively, and the dif- 
 ferent Courts, Officers and other Authorities in which or before whom 
 the same shall be respectively pending, shall take such order respecting 
 the same as may be necessary or expedient for the proper disposition of 
 the same, according to law, without prejudice to the parties interested or 
 affected, or any of them, from the abolition of such Division into Dis- 
 tricts, and the establishment of a Division into Counties in lieu thereof, 
 as herein provided. 
 
 XXXIII. And whereas divers of the inhabitants of each of the two 
 Counties of Haldimand and Welland, the Junior Counties of the United 
 Counties of Lincoln, Haldimand and Welland, have petitioned Par- 
 liament to be set apart for judicial and other purposes, and the sense of 
 the said two Counties respectively being in favour of such separation, 
 and their wealth and population being sufficient to entitle them to the 
 same, according to the provisions of this Act, for the dissolution of such 
 Unions, it appears expedient that provision should be at once made for 
 enabling such two Counties, or either of them, to procure such separa- 
 tion so soon as they shall have made the necessary preparations for that 
 purpose : Be it therefore enacted, That the Townreeves of the different 
 Townships, Unions of Townships, Villages and Towns in each of the said 
 two Counties of Haldimand and Welland, shall form a Provisional 
 Municipal Council for each of such Counties respectively ; And each of 
 such Provisional Municipal Councils shall, with respect to their respec- 
 tive Counties, have, possess and exercise all and singular the rights, 
 
 ?owers, privileges and duties hereby conferred, granted or imposed upon 
 'rovisional Municipal Councils generally erected by Proclamation, under 
 the authority of this Act, and each of such Provisional Municipal Coun- 
 cils shall and may, so soon as they shall think fit so to do, proceed to 
 determine the place in such County for the County Town thereof, and 
 to purchase the necessary property thereat, and to erect the necessary 
 public buildings upon such, property. 
 
 XXXIV. And be it enacted. That so soon as the Court House and 
 Gaol of either of such two Counties shall have been erected and com- 
 pleted at the County Town of such County, according to the provisions 
 of the fifteenth section of this Act, and the other provisions of the said 
 fifteenth section shall have been complied with by such County, it shall 
 and may be lawful for the Governor of this Province in Council, to issue 
 a Proclamation dissolving the Union between such County and the 
 United Counties of Lincoln, Haldimand and Welland, or, if one of such 
 Counties shall have been then already separated by Proclamation from 
 such Union, then dissolving the Union between such County and the 
 said County of Lincoln, and from the date of such Proclamation dissolv- 
 ing the Union between either of such Counties and the other two Coun- 
 ties belonging to such Union, the remaining County shall, with the said 
 County of Lincoln, form a Union of Counties until the Union between 
 the other of such Counties and the said County of Lincoln shall in like 
 manner be dissolved, and from the separation of either of such two 
 Counties from the said United Counties of Lincoln, Haldimand and Wel- 
 land, the said County of Lincoln and the olher of such two Counties shall 
 form a Union of Counties under this Act, until the separation of such two 
 
indict- 
 
 luse and 
 knd com- 
 
 MI3CELLANE0US PROVISIONS. 
 
 last mentioned Counties as herein provided ; and all the provisions of this 
 Act applicable to Unions of Counties in general, shall be applicable to 
 such Union, to all intents and purposes, as if the said County of Lincoln 
 and such other County had been set forth as such, in the Schedule to this 
 Act annexed mdrked A. 
 
 XXXV. And be it enacted, That all the public property, both real 
 and personal, of the several Districts in Upper-Canada, shall becoma 
 the property of, and the same is hereby conveyed and transferred to and 
 vested in the Municipal Corporations of the several Counties and Unions 
 of Counties, to which respectively the judicial and other proceedings 
 pending in such Districts respectively, are transferred by the thirtieth 
 Section of this Act, as set forth in the said Schedule to this Act, annexed 
 marked B. 
 
 XXXVI. And be it enacted. That all Acts and parts of Acts and pro- 
 visions of Law of what nature or kind soever, in force in that part of this 
 Province called Upper Canada, or any part thereof, immediately before 
 the time this Act shall come into force, which shall be inconsistent with 
 or contradictory to this Act, or any part thereof, or which make any 
 provision in any matter provided for by this Act, other than such as is 
 
 hereby made in 
 inconsistent with 
 
 such matter, shall, so far as the 
 the provisions of this Act or any 
 
 same shall be 
 of them, be. 
 
 and the same is hereby so far repealed to all intents and purposes 
 whatsoever. 
 
 XXXVII. And be it enacted. That Her Majesty's Justices of the 
 Peace, and other persons holding Commission or Ofiice,-or bearing law- 
 ful authority, in the different Districts in Upper-Canada, from which 
 judicial and other proceedings are by this Act transferied to the several 
 Counties and Unions of Counties in the same, as set forth in the Schedule 
 to this Act annexed marked B, shall continue to hold, enjoy and exer- 
 cise the like Commission, Office, Authority, Power and Jurisdiction, 
 within the County or Union of Counties respectively, to which such 
 judicial and other proceedings are hereby respectively transferred as in 
 the said Schedule set forth, respectively, to all intents and purposes 
 whatsoever, as if their respective Commissions or other authorities were 
 expressed to be for such County or Union of Counties, instead of for such 
 District respectively. 
 
 XXXVIII. And be it enacted, That this Act may be amended, 
 altered or repealed by any Act to be passed in this present Session of 
 Parliament. 
 
 SCHEDULE A. 
 
 Counties of Upper-Canada united for Judicial and other purposes. 
 
 The United Counties of — 
 
 1. Essex and Kent. 
 
 2. Frontenac, Lennox and Addington. 
 
 3. Lanark and Renfrew. 
 
 4. Leeds and Grenville. 
 
 5. Lincoln, Haldimand and Welland. 
 
 6. Northumberland and Durham. 
 
 7. Prescott and Russell. 
 
 8. Stormont, Dundas and Glengarry. 
 
 9. Wentworth and Halton. 
 
 89 
 
 Propertj of 
 DUtrieiB trani- 
 ferred to Coun- 
 tiei and Unions. 
 
 Acts, ttc, in- 
 coniistei.'t with 
 this Act 
 repented. 
 
 Who shall be 
 Justices or the 
 Feace in 
 Counties and 
 Unions. 
 
 Act may be 
 amended Ibis 
 Session. 
 
 S:heclule A. 
 
 
 k\!i 
 
 
 if 
 
 M 
 
 i.i; ' 
 ■ Hi ■ 
 
 ii! 
 
 \H^t 
 
 n 
 
 4 
 
 
 I 'llf 
 
 
 • I 9 
 
 
I 
 
 p 
 
 " 1 
 
 1 
 
 li 
 
 ill 
 
 rt 
 
 ti 
 
 1. (■ 
 
 (■ehedule D. 
 
 Bchedulc C. 
 
 DIVISION OF count;.es. 
 
 SCHEDULE B. 
 
 Counties and UnioM of Counties in Upper- Canada, to which Judicial and 
 other proceedings of the hie Districts are transferred respectively 
 under this Act: 
 
 To, 
 
 1. Carleton those of tho Dalhousie District. 
 
 2. Essex and Kent " VVestem " 
 
 3. Frontenac, Lennox and Addington. " Midland " 
 
 4. Hastings ** Victoria '* 
 
 5. Huron " Huron " 
 
 6. Lanark and Renfrew " Bathurci ** 
 
 7. Leeds and Grenville " Johnstown " 
 
 8. Lincoln, Haldimand and Welland. " Niagara " 
 
 9. Middlesex " London ** 
 
 10. Norfolk " Talbot " 
 
 11. Northumberland and Durham " Newcastle *' 
 
 12. Oxford " Brock « 
 
 13. Peterborough " Colborne « 
 
 14. Prescott and Russell « Ottawa " 
 
 15. Prince Edward " Prince Edward " 
 
 16. Simcoe . . *' Simcoe " 
 
 17. Storraont, Dundas and Glengarry . . " Eastern ** 
 
 18. Waterloo " Wellington " 
 
 19. Wentworth and Halton , " Gore " 
 
 20. York " Home « 
 
 SCHEDULE C. 
 
 Counties in Upper-Canada which henceforth shall, for all purposes, include 
 and consist of the Townships and places therein mentioned. 
 
 1. Haldimand, which shall include and consist of the Townships of 
 Canboro, Cayuga, Dunn, Moulton, Oneida, Rainham, Seneca, Sher* 
 brooke, and Walpole. 
 
 2. Halton, which shall include and consist of the Townships of 
 Beverley, Dumfries, Esquesing, East Flamborough, West Fiamborough, 
 Nassagaweya, Nelson and Trafalgar. 
 
 3. Norfolk, which shall include and consist of the Townships of 
 Charlotteville, Houghton, Middleton, Townsend, Woodhouse, Windham, 
 Walsingham and Long Pointe, and Ryerson's Island in Lake Erie. 
 
 4. Waterloo, which shall include and consist of the Townships of 
 Arthur, Amaranth, Bentinck, Derby, Eramosa, Egremont, Erin, Guelph, 
 Glenelg, Garrafraxa, Holland, Lnther, Mornington, Minto, Maryborough, 
 Melancton, Normanby, Nichol, Peel, Proton, Puslinch, Sydenham, 
 Sullivan, Waterloo, Wilmot, Woolwich and Wellesley. • 
 
 5. Wentworth, which shall include and consist of the Townships of 
 Anca. 9r, Brantford, Binbrooke, Barton, Glandford, Onondago, Saltfleet 
 and Tuscarora. 
 
 An At 
 
ESSEX, KENT AND LAMBTON. 
 
 ACT 12 VIC, CAP. 79. 
 
 An Act to supply certain necessary Legislative provisions not included in 
 certain Acts therein mentioned. 
 
 [30th May, 1849.] 
 
 WHEREAS an Act of the Parliament of tliis Province was passed 
 in this Session of Parliameiit held in the tenth and eleventh years 
 of Her Majesty's Seign, chaptered thirty-nine, and intituled. An Act to 
 divide the tVestem District of the Province of Canada^ and for other pur- 
 pos2S therein mentioned, and which Act is referred to and further provision 
 made with respect to the territory to which the same applies by a certain 
 other Act of the Parliament of this Province, passed in the present 
 Session thereof, intituled, An Act for abolishing the Terutorial Division of 
 Upper-Canada into Districts, and for providing for temporary Unions of 
 Counties for Judicial and other purposes, and for the future dissolutions of 
 su^h Unions, as the increase of wealth and population may require ; And 
 whereas by the former of the said Acts provision was made for the 
 erection of a new District, which description of territorial division is by 
 the latter of such Acts abolished; And whereas, while the said last 
 mentioned Act treats the area of territory which by the first mentioned 
 Act was embraced in such new District as containing two separate 
 counties under the names of Kent and Lambton, respectively, the Town- 
 ships of which such Counties respectively consist are not specifically 
 declared by ehher of the said Acts, and it is therefore expedient that 
 such omission should be supplied : Be it therefore enacted by the Queen's 
 Most Excellent Majestv, by and with the advice and consent of the 
 Legislative Council and of the Legislative Assembly of the Province of 
 Canada, constituted and assembled by virtue of and under the authority 
 of an Act passed in the Parliament of the United Kingdom of Great 
 Britain and Ireland, and intituled, An Act to re-nnite the Provinces of 
 Upper and Lower-Canada, and for the Govervmtnt of Canada, and it is 
 hereby enacted by the authority of the same, That for the purpose of the 
 said last mentioned Act, and for all other purposes whatsoever, the said 
 County of Kent shall from henceforth include and coi.sist of the Town- 
 ships of Camden, Chatham, East Dover, West Dover, Harwich, Howard, 
 Orford, Raleigh, Romney, East Tilbury, West Tilbury and Zone, and 
 that the said County of Lambton shall from henceforth include and con- 
 sist of the Townships of Brooke, Dawn, Bosanquet, Enniskillen, Euphe- 
 mia, Moore, Plympton, Sarnia, Sombra, and Warwick ; and this 
 provision with respect to the said Counties shall have the like effect to 
 all intents and purposes whatsoever, as if the same had been inserted 
 in either or both of the s.iid Acts of Parliament: Provided always, 
 nevertheless, firstly, that the said County of Lambton shall for the pur- 
 pose of representation in the Legislative Assembly, continue united with 
 the said County of Kent so as together to return one member to the said 
 Legislative Assembly, as the territory of which such Counties consist 
 doth at present; And provided also, secondlj', that the said Counties of 
 Kent and Lambton and the County of Essex shall form a Union of 
 Counties, to be known as the United Counties of Essex, Kent and 
 Lambton, until such Union shall be dissolved by Proclamation as pro- 
 vided by the said last mentioned Act of Parliament, or otherwise as 
 hereinafter provided, and all the provisions of the said last mentioned 
 Act of Parliament, applicable to Unions of Counties in general, shall be 
 
 Freninble. 
 
 10 ami n Vict. 
 c.3». 
 
 County Substi- 
 tution Act of this 
 Session. 
 
 Of wlint Town- 
 sliips Kent mid 
 Liiiubton rc8- 
 pectively shnlt 
 confiist. 
 
 Proviso ns to 
 reprvsciitotion. 
 
 Proviso as to 
 tiie temporary 
 Union af Kent, 
 Kssex and 
 Lr:mbtoii,for 
 certain purjioscs. 
 
 I" ll!!-!*^ 
 
 
 f 
 
 mi 
 
 Hi f ' I, 
 
 I I fli 
 
 \ I li: 
 
If 
 
 92 
 
 > 
 
 ParttofDawn, 
 BOMibrn nnd 
 Zone detached 
 from the laid 
 Towiiihip*. 
 
 New Townihip 
 coaiiituted. 
 
 Certain provis- 
 loiiiorthe 
 County iiuhititu- 
 lioii Act ex- 
 tended to the 
 Union ofKent, 
 Kascx and 
 L<anibton. 
 
 ProviBo ng to 
 certain pro- 
 viiionsoriU and 
 11 Vict., c. 30. 
 
 Recital. 
 
 On wliat appli- 
 cation the Union 
 between Lamb- 
 ton and the other 
 Oountiea may be 
 dissolved. 
 
 Provifo. 
 
 DIVISION OF COUNTIES. 
 
 applicable to such Union to all intents and purposes as if the same had 
 been inserted in the said last mentioned Act of Parliament and the 
 Schedules thereto annexed, utlder the name of the United Counties of 
 Essex. Kent and Lambton as aforesaid, instead of under that of the 
 United Counties of Essex and Kent. 
 
 II. And be it enacted, That as well for the purposes of this Act and 
 the said other Acts of Parliament hereinbefore mentioned and referred 
 to, as for all other purposes whatsoever, so much of the said Township 
 of Dawn as lies to the south of the south main branch of the River 
 Sydenham, sometimes known as Bear Creek, shall be detached from 
 the said Township of Dawn, and by and under the name of the Gore of 
 Camden, be attached to and henceforth form a part of the said Township 
 of Camden ; that so much of the said Township of Sombra as lies to the 
 south of the said south main branch of the said river shall be detached 
 from the said Township of Sombra, and by and under the name of the 
 North Gore of Chatham be attached to and henceforth form a part of the 
 said Township of Chatham ; and that so much of the said Township of 
 Zone as lies to the north of the northerly side line of lots numbers 
 fifteen in the several concessions of the said Township of Zone, shall be 
 detached from the said Township, and shall henceforth form a new 
 Township by and under the name of the Township of Euphemia. 
 
 III. And be it enacted, That all the provisions of the thirty-third and 
 thirty-fourth sections of the said last mentioned Act, making certain 
 provisions with respect to the Unhed Counties of Lincoln, Haldimand 
 and Welland, shall extend and apply to the said United Counties of 
 Essex, Kont and Lambton, and every of them, as if they and each of 
 them had been mentioned in such sections and the said Schedules to the 
 said Act annexed, respectively ; and all the provisions in the said last 
 mentioned Act of Parliament providing for a Union of the said Counties 
 of Kent and Lambton, apart from and irrespective of their Union with 
 Essex, shall be and the same are hereby repealed : Provided always, 
 nevertheless, that all such provisions as by the Act of the Parliament 
 of this Province, passed in the Session held in the tenth and eleventh 
 years of Her Majesty's Reign, intituled, An Act to divide the Western 
 District of the Province of Canada, and for other purposes therein men- 
 tioned, were conferred upon the Township Councillors of the different 
 Townships of the then County of Kent, shall be possessed by and vested 
 in the Provisional Municipal Council of the said County of Kent as 
 described in this Act ; and such Provisional Municipal Council shall be 
 charged with and liable to any debt that may have been contracted by 
 competent authority on behalf of the District by that Act intended to be 
 erectecl ; and the Municipal Council of the said County of Kent as 
 described in this Act, both Provisional and Permanent, shall and they 
 are hereby required to provide for the payment of every such debt, and 
 in default of their doing so, the same shall and may be sued for, reco- 
 vered and levied by rate or otherwise as in the case of debts of any other 
 Municipal Corporation in Upper-Canada. 
 
 IV. And whereas from the geographical position of the said County of 
 Lambton it is expedient that provision be made for its separation from 
 the said Union, without waitmg till its population shall be such as is 
 required by the tenth section of the said Act of this present Session pro- 
 viding for the dissolution of such Unions : Be it therefore enacted, That 
 it shall and may be lawful for the Governor of this Province by an Order 
 in Council, upon the Pethion of two-thirds or more of the Townreeves 
 of the said County of Lambton, to issue a Proclamation under the said 
 tenth section of the said last mentioned Act : Provided always, never- 
 theless, that none of the restrictions in the second proviso to the said 
 
same had 
 it and the 
 lounties of 
 hat of the 
 
 is Act and 
 id referred 
 Township 
 t)ie River 
 shed from 
 he Gore of 
 Township 
 lies to the 
 I detached 
 ^me of the 
 part of the 
 wnship of 
 I numbers 
 }, shall be 
 rm a new 
 nia. 
 
 -third and 
 ig certain 
 laldimand 
 ounties of 
 id each of 
 ules to the 
 e said last 
 |1 Counties 
 nion with 
 1 always, 
 arl lament 
 eleventh 
 Weslern 
 rein men- 
 different 
 nd vested 
 Kent as 
 1 shall be 
 acted by 
 ed to be 
 Kent as 
 nd they 
 ebt, and 
 or, reco- 
 ny other 
 
 bounty of 
 lion from 
 ch as is 
 lion pro- 
 Id, That 
 Tin Order 
 In reeves 
 (he said 
 never- 
 Ihe said 
 
 ESSEX, KENT AND LAMBTON. 
 
 tenth section of the said last mentioned Act shall extend or apply to the 
 said Petition. 
 
 V. And be it enacted, That the term " Townreoves" in the said last 
 mentioned Act, in thi^ Act, and in all other Acts passed or to be passed 
 wherein it refers or shall refer to the Municipal Council of any County 
 or Union of Counties, or to those who compose the same, shall include 
 and be construed to include the Deputy-Townreeves fot the different 
 localities of snch County or Union of Counties, as well as the Townreeves 
 for the same. 
 
 VI. And be it enacted. That on the dissolution of the Union between 
 any County and any other County or Union of Counties in the manner 
 provided for by the said last mentioned Act, a Registrar shall be appoint- 
 ed for the County so separated, and a Registry Office for the registry of 
 deeds shall be kept in and for the same at the County Town thereof, in 
 the same manner and under the same provisions as in other Counties in 
 Upper-Canada: Provided always, nevertheless, that unless where such 
 separate Registry OfRce is already established in any such County, 
 there shall be but one Registrar and one Registry Office for each Union 
 of Counties in Upper-Canada, so long as they shall continue united as 
 aforesaid. 
 
 VII. And be it enacted. That this Act shall come info and be in oper- 
 ation upon, from and after the first day of January, one thousand eight 
 hundred and .fifty. 
 
 VIII. And be it enacted. That this Act may be amended, altered or 
 repealed by any Act to be passed in this present Session of Parliament. 
 
 03 
 
 Word Town - 
 reevei Interpre- 
 ted. 
 
 Troviio ai lo 
 Rcgidry offices 
 ill caveordliso- 
 lutlonof Unioni. 
 
 Provlio. 
 
 Coinmenecinent 
 of this Act. 
 
 Act may b« 
 amended. 
 
 HURON, PERTH AND BRUCE. 
 
 jl C T 12 VIC, CAP. 96. 
 
 An Act to divide the District of Huron, in the Province of Canada^ and for 
 other purposes therein mentioned. 
 
 [30th May, 1049.] 
 
 WHEIREAS from the great extent of the District of Huron as at Preamble, 
 present constituted, and the corisequent distance of some parts of 
 it from the District Town, the inhabitants of those parts suffer great 
 inconvenience ; And whereas also, from the vastly increasing popula- 
 tion and agricultural advancement thereof, it is expedient that the said 
 District should be divided, and certain portions of the same should be 
 set off and erected into new and separate Counties, to remain united to 
 that of Huron until they shall be disunited under the provisions of the 
 Act passed in the present Session, and intituled. An Act for abolishing 
 the Territorial Division of Upper Canada into Districts, and for providing Countv Substiw- 
 for Temporary Unions of Counties for Judicial and other purposes, and for s^;Jiion'(c"'78)''' 
 the future dissolutions of such Unions as the increase of wealth and popxda- cited. " 
 iion may require : Be it therefore enacted by the Queen's Most Excel- 
 lent Majesty, by and with the advice and consent of the Legislative 
 Council and of the Legislative Assembly of the Province of Cana'la, 
 constituted and assembled by virtue of and under the authoriUr of an Act 
 passed in the Parliament of the United Kingdom of Great Britain and 
 Ireland, and intituled. An Act to re-unite the Provinces of Upper and 
 Lower Canada, and for the Government of Canada, and it is hereby 
 
 !i '■■: 1 
 
 If- li n 
 
 It « 
 
V* 
 
 if 
 
 4 
 
 ii 
 
 i^' 
 
 . 1 
 
 ilH 
 
 'if 
 
 I < 
 
 94 
 
 County of llii- 
 roii ilivirloil into 
 thrcu Couiitie*. 
 
 rcrth. 
 
 Bruce. 
 Huron. 
 
 To what 
 County a certain 
 PeiiihHulnr 
 Tract ami cer- 
 tain IslaiiilH 
 bliall ticlong. 
 
 County of Perth 
 tu he considered 
 an if a proclama- 
 tion had issued 
 under section 10 
 of the said Act, 
 c. 76. 
 
 County Town 
 appointed &.c. 
 
 A Registry 
 Office to lie 
 kept in the 
 County of Perth. 
 
 Commence- 
 ment of this 
 Act 
 
 HURON, PERTH AND BRUCF. 
 
 enacted b)r the authority of the same, That for all the purposes of the 
 Act cited in the Preamble tu this Act, the County of Huron shall be 
 divided into three Counties, to be called respectively, the Countyof Huron, 
 tlie County of Perth, and the County of Bruce : and the County of Perth 
 shall include and consist of the Townships of Blanchard, Hibbert, Ful- 
 larton, Lon;an, Downie, (including the Gore of Dovvnio,) Ellice, East- 
 hope North, Easthope South, (including the Town of Stratford,) Elma 
 and Wallace, in the now County of Huron, and Mornington in the now 
 Countyof Waterloo; the Countyof Bruce shall include and consist of the 
 Townships of Huron, Kinloss, Culross, Carrick, Kincardine, Greenock, 
 Brant, Bruce, Saugeen, Elderslio and Arran ; and the County of Huron 
 shall include and consist of all the remainder of the now County of 
 Huron (including the Town of Godericb,) but the said three Counties of 
 Huron, Perth and Bruce shall remain united and form a Union of Coun- 
 ties for all the purposes of the Act last aforesaid, until such Union be 
 dissolved in the manner provided in the said Act. 
 
 n. And be it enacted, That all that Peninsular Tract of Land lying 
 to the northward of the Townships of Derby, Arran and Sau^feen, and 
 between Lake Huron and the Georgian Bay, and known as the Indian 
 Reserve, together with every Island m Lake Huron or the Georgian Bay, 
 any portion of which lie within ten miles of the shore of the said Penin- ' 
 sular Tract of Land, (unless such Island shall lie further south than the 
 northern boundary line of the said Townships of Derby, Arran and Sau- 
 geen,) shall be annexed to and form part of the County of Waterloo: 
 and that every such Island in Lake Huron as shall lie further south than 
 the said boundary line, shall form part of such of the said Counties of 
 Huron or Bruce respectively as such Island shall lie most adjacent to. 
 
 III. And whereas the population of the said County of Perth exceeds 
 twelve thousand, and from its geographical position it is expedient that 
 provision be made for its separation from the said Union without waiting 
 till its population shall be such as is required by the tenth section of the 
 said Act recited in the Preamble to this Act: Be it therefore enacted, 
 That the said County of Perth shall, for all the purposes of the Act last 
 aforesaid, be considered and dealt with as if a Proclamation had issued 
 under the tenth section of the said Act^ naming the Town of Stratford as 
 the County Town thereof, and erecting the Townreeves of the said 
 County then elected or thereafter to be elected for the same, into a 
 Provisional Municipal Council for the said County, and declaring such 
 Municipal Council a Provisional Municipal Council for the same under 
 the said Act, until the dissolution of the Union of the said County with 
 the Counties of Huron and Bruce ; and the said Townreeves shall 
 accordingly be a Provisional Municipal Council for the said County of 
 Perth, and shall have and exercise all the powers by the said Act vested 
 in any such Provisional Municipal Council. 
 
 IV. And be it enacted, That when the Union of the said County of 
 Perth and the Counties of Huron and Bruce shall be dissolved in the 
 manner provided by the Act aforesaid, a Registrar shall be appointed 
 for the said County of Perth, and a Registry Office for the Registration of 
 Deeds shall be kept in and for the same at the County Town thereof, in 
 the same manner and under the same provisions as in other Counties in 
 Upper Canada. 
 
 V. And be it enacted, That this Act shall have force and effect upon, 
 from and after the first day of January, in the year of Our Lord, one 
 thousand eight hundred and fifty, and not before. 
 
les of the 
 shall be 
 of Huron, 
 V of Perth 
 bert, Ful- 
 ce, East- 
 (1,) Elma 
 1 the now 
 sist of the 
 jreenock, 
 of Huron 
 County of 
 ountiesof 
 ; of Coun- 
 Union be 
 
 I 
 
 and lyin 
 reon, am 
 lu Indian 
 •gian Bay, 
 lid Penin- ' 
 1 than the 
 and Sau- 
 Waterloo : 
 south than 
 ounties of 
 cent to. 
 
 h exceeds 
 
 idient that 
 
 it waiting 
 
 lion of the 
 
 enacted, 
 
 Act last 
 
 ad issued 
 
 ratford as 
 
 the said 
 
 le, into a 
 
 ring such 
 
 me under 
 
 iinty with 
 
 v^es shall 
 
 ounty of 
 
 ct vested 
 
 id 
 
 !ounty of 
 id in the 
 ippointed 
 itration of 
 lereof, in 
 [unties in 
 
 tct upon, 
 lord, one 
 
 JOINT STOCK COMPANIES, 
 
 >'OK 
 
 ROADS, BRIDGES. WHARVES, &c. 
 
 Jt C T 12 VIC, CAP. 84. 
 
 An Ad to atithorize the formation of Joint Stock Companies for the 
 constrtiction of Roads ajid other Works in Upper Canada. 
 
 [30th May, 1&49.] 
 
 WHEREAS it is expedient to encoura^ the construction of sawed, 
 hewed or split Plank, Macadamized or Gravelled Roads, and also 
 Bridges, Piers, Wharves, Slides and Dams connected therewith, in 
 Upper Canada, by Companies who may be disposed to subscribe the 
 necessary capital for the completion thereof; And whereas the delay 
 and expense incident to obtaijimg a special Act of Incorporation from the 
 Legislature for each separate Companj^, operate asagreat discouragement 
 to persons dosirous of embarking capital for the formation of such Com- 
 panies : Be it therefore enacted by the Queen's Most Excellent Majesty, 
 by and with the advice and consent of the Legislative Council and of the 
 Legislative Assembly of the Province of Canada, constituted and assem- 
 bled by virtue of and under the authority of an Act passed in the Parlia- 
 ment of the United Kingdom of Great Britain and Ireland, intituled, An 
 Act to re-unite ihe Provinces of Upper and Lower Canada, and for the govern- 
 ment of Canada, and it is hereby enacted by the authority of the same, 
 That any number of persons not less than five, respectively, may in Upper 
 Canada, inlheir discretion form themselves into a Company or Companies 
 under the provisions of this Act, for the purpose of constructing in and along 
 any public Road or Highway, allowance for Road or otherwise, any 
 Road or Roads of the kind mentioned in the Preamble to this Act, not 
 less than two miles in length, and also any Bridge or Bridges, Pier or 
 Piers, Wharf or Wharves, Slide or Slides, and Dam or Dams connected 
 therewith in Upper Canada : Provided always, that no such Company 
 shall construct any such road or other such works aforesaid, through, 
 over, along or upon any private property or property of the Crown, 
 without having first obtained the permission of the owner or owners, 
 occupier or occupiers thereof, or of the Crown, so to do, except as 
 heremafter provided ; nor shall any such road be made of a higher grade 
 than one footelevation to twenty feet along the road, without the sanction 
 of the Chief Engineer superintending Public Works in the noighbourliood 
 thereof; And provided also, that no such Company shall be formed 
 under the provisions of this Act to construct any line of road for which 
 a Charter shall have heretofore been granted, provided such Chartered 
 Company shall have its stock subscribed and be m a course of completing 
 the work for which such Charter shall have been granted, within one 
 year from the passing of this Act, nor shall any private property be 
 taken for any other such work as aforesaid without the consent of the 
 owner, if such owner shall himself commence such work within one 
 year and shall complete the same within two years from the time he 
 shall be notified that a Company has been formed for constructing the 
 same, nor shall any property of the Crown be so taken without the 
 approval of the Governor in Council ; And provided also, that no such 
 road shall be constructed or pass within the limits of any City or the 
 liberties thereof, or within the limits of any Incorporated Town or 
 Village, except by special permission under a By-law of such City, 
 
 rreiiiiible. 
 
 Companies may 
 be. formed for tli e 
 construciion of 
 Plank ond other 
 Roads, Dridgca, 
 3lideii and other 
 worlci. 
 
 Proviso as to 
 taking pro|ierty. 
 
 Grade of Road. 
 
 Proviso as to 
 Lines for which 
 other Coinpanio 
 have been char- 
 tered. 
 
 Proviso as to 
 Towns, &c. 
 
 I >' 
 
 ♦' 'h 
 
 ;Hir 
 
 v-K-l' 
 
 '! m 
 
96 
 
 JOINT STOCK COMl'ANIES. 
 
 \\ 
 
 h) 
 
 rroylMiiKo 
 Brldoei on any 
 Ro«d. 
 
 Any Twelve 
 Freeholder! may 
 oppoM the coil- 
 •irueilon Ac. of 
 any Road. 
 
 Provlio aa to 
 old Roads 
 ceasing to be 
 required. 
 
 Miinieipnl 
 Council may 
 hear and decide 
 u|H>n such oppo- 
 sition. 
 
 Companies to 
 become incorpo- 
 rated on certain 
 conditions. 
 
 Bix per cent of 
 capital to be paid 
 up. 
 
 Their Cor- 
 porate |X)wers. 
 
 Common Seal. 
 
 Holding lands, 
 
 &.C. 
 
 Town or Village, to be passed for that purpose; Provided also, that all 
 bridses in the line of road between the termini of any such road, shall 
 be deemed part of such road to all intents and purposes whatever, 
 unless specially excepted in the Instrument of Association of such 
 Company. 
 
 II. Provided always, and be it enacted, That, if twelve freeholders 
 resident within half a mile of any line of road proposed to be made, 
 planked, gravelled or macadamized by any Company to be forrae«l 
 under the provisions of this Act, shall give notice in writing to the 
 President, Chairman or other presiding Officer of any Company, or 
 meeting convened to form any such Company, that they intend to oppose 
 the formation or improvement of any such projected line of road, no 
 further action shall be had towards the prosecution of such work until 
 after the then next sitting of the Municipal Council having jurisdiction 
 throughout the line of such intetided road, provided such notice shall 
 have Deen given before any such work shall have been commenced; 
 Provided always, that when any new road shall have been or be opened, 
 or the line of any old road changed, it shall bo lawful for the Munici- 
 pality having such jurisdiction as aforesaid to pass a By-law directing 
 and permitting the old road or part of a road to be closed up, and 
 embraced within the enclosure of the person or persons from whom 
 ground shall have been taken to form such now road, provided it shall 
 not exclude any person resiiliiig on or near the old road irom a convenient 
 access to the new road. 
 
 III. And be it enacted, That if the Municipal Council of such locality 
 as aforesaid shall, upon such opposition made, pass any By-law pro- 
 hibiting, varying or altering any such intended line of road, such 
 By-law shall have the same force and effect, and be as binding, effectual 
 and obligatory upon all persons whomsoever and upon any such Com- 
 pany as if the provisions thereof had been inserted in the body of this Act. 
 
 IV. And be it enacted, That when any number of persons, not less 
 than five, shall have subscribed a sufficient quantity of stock to amount 
 to a sum adequate in their judgment to the construction of any such 
 road or other work, and shall have executed an Instrument according to 
 the form in the Schedule to this Act contained, and shall have paid to 
 the Treasurer of such intended Company six per cent, upon the 
 capital stock intended by such Company to be laised for the con- 
 struction of the road or other work contemplated by such Company 
 to be formed as aforesaid, and shall have registered such Instrument, 
 together with a receipt from the Treasurer of such Company for such 
 first Instalment of six per cent, as aforesaid, with the Register of any 
 County through or along the boundary of which such road shall be 
 intended to pass, or where such other work shall be situate, such Com- 
 pany shall thenceforth become and be a Chartered and Incorporated 
 Company, by such name as shall be designated in the Instrument so to 
 be registered as aforesaid, and by such name they and their successors 
 shall and may have perpetual succession, and shall be capable both at 
 law and in equity of suing and being sued, ot impleading and being 
 impleaded, answering and being answered unto, defending and being 
 defended in all Courts of Law and Equity and places whatsoever, in all 
 manner of actions, suits, complaints, matters and causes whatsoever ; 
 and they and their successors may have a Common Seal, and the same 
 may make, alter and change at their will and pleasure, and that they 
 and their successors by their corporate name shall be capable of pur- 
 chasing, taking, having, holding and conveying, selling and departing 
 with, any lands, tenements and hereditaments whatsoever which may 
 be or have been thought to be useful and necessary for the purposes of 
 such Corporation. 
 
Iso, that all 
 
 road, shall 
 
 I whatever, 
 
 ion of such 
 
 freoholders 
 to be made. 
 > be formed 
 -iting to the 
 lompany, or 
 ind to oppose 
 of road, no 
 work until 
 [ jurisdiction 
 notice shall 
 :ommenced ; 
 r be opened, 
 the Munici- 
 nw directinc 
 sed up, and 
 from whom 
 ded it shall 
 a convenient 
 
 such locality 
 By-law pro- 
 f road, such 
 ing, effectual 
 ' such Com- 
 ^ of this Act. 
 
 ons, not less 
 c to amount 
 of any such 
 according to 
 lave paid to 
 upon the 
 or the con- 
 Company 
 Instrument, 
 any for such 
 ister of any 
 lad shall be 
 such Com- 
 ncorporated 
 ument so to 
 r successors 
 able both at 
 g and being 
 g and being 
 Dover, in all 
 whatsoever ; 
 id the same 
 nd that they 
 ible of pur- 
 )d departing 
 which may 
 purposes of 
 
 ROADS, BRIDQES, WHARVES. 
 
 V. And be it enacted, That any sach Company, or any other Com- 
 pany heretofore chartered by Act of the fiegislature for u like purpose, 
 shall have full power and authority to explore thecronnd or the country 
 lying between the termini of any road, or Nuppoaeifto be adapted for the 
 site otany other such work as aforesaid intended to bo constructed by 
 liny such Company, and to designate and establish, take, appropriate, 
 have and hold to and for the use of theni and thuir successors, the requi- 
 site lands upon the lino and within the limits of any such road or for any 
 such other work as aforesaid, according to the provisions hereinafter 
 contained for acquiring the same ; and to dig, take and cany away stone, 
 gravel, sand, earth and other like materials from any adjoining or 
 neighbouring lands, and also to cut, make and keep in repair upon such 
 adjoining or neighbouring lands, such ditches, drains and water-courHes 
 as may be necessary fc • «iflrectually draining and carrying olf the water 
 from any such rood or o. 'r work ; and whenever any such road passes 
 through or by any wood i . standing timber, to cut down the trees and 
 under-wood for one hundred feet on each side of the said road, making- 
 compensation therefor as hereinafter provided ; and for the purpose 
 aforesaid, the said Company and their agents, servants and workmen 
 are hereby authorized and empowered to enter into and upon the lands 
 and grounds of any person or persons, body or bodies corporate or politic. 
 
 VI. And be it enacted, That the aiTairs, stock property and concerns 
 of every such Company which shall or may be termed under the pro- 
 visions of this Act, shall, for the first year, be managed and conducted 
 by Ave Directors to be named in the said Instrument so to be registered 
 as aforesaid, and thereafter to be annually elected by the Stockliolders 
 according to the provisions of any By-law which the first named Direc- 
 tors or their successors shall from time to time pass for that purpose ; 
 and that upon every suoh election of Directors, each Stockholder shall be 
 entitled to one vote for every share he may hold or be possessed of in 
 the said Company ; and any majority of such Directors shall be a quorum 
 for the transaction of business. 
 
 VII. And be it enacted. That if at any tinie after the formation of any 
 such Company in manner aforesaid, the Directors shall be of opinion 
 that the original capital subscribed will not be sufHcient to complete the 
 work contemplated by such Company to be executed, it shall and may 
 be lawful for the said Directors, under a Resolution to be passed by 
 them for that purpose, either to borrow upon the security of the said 
 Company, by bond, or mortgage of the road and tolls to be collected 
 thereon, a sufficient sum of money to complete thesan>e. or to authorize 
 the subscription upon the said original Instrument so to Be legistered as 
 aforesaid, of such number of additional shares as shall be named in tlie 
 said Resolution, a copy whereof under the hand of the President and 
 seal of the Company, shall, by the said Register, be annexed to the said 
 original Instrument, upon the same being delivered to him by the said 
 President, at the office of the said Register, who shall thereupon permit 
 such additional subscriptions upon a receipt from the Treasurer of six 
 per cent upon the amount of such subscriptions respectively. 
 
 VIII. And be it enacted, That each share in every such Company 
 shall be five pounds, and shall be regarded as personal property, and 
 shall be transferable upon the books of such Company, in such manner 
 as shall be piovided by any By-law to be made by the Directors in that 
 behalf. 
 
 IX. And be it enacted, That any such Company so to be incorporated 
 as aforesaid, may, in any Court having jurisdiction in matters of simple 
 contract to the amount demanded, sue for, recover and receive of or 
 from any Stockholder in such Company, the amount of any call or calls 
 
 
 
 07 
 
 Powi'm of 
 <'oiii|)aiiy to 
 usiplori! lliu 
 coiiiiiry mill (o 
 take IiiiiiIr iiiiil 
 iiinlcrlnl*. 
 
 I>raiiiai{c. 
 
 Cutting. 
 
 Kiilrritig U|)oi) 
 luiiili. 
 
 Aflnlr* of <7oin- 
 paiiius to tic 
 ninniiBCil liy five 
 Direciorsi. Mow 
 apixiititcil. 
 
 Votes of 
 tjlinrcholdcra. 
 
 Quorum, 
 
 DircctOfiinay 
 authorize an 
 incrcfliietn the 
 number ot'slinrefi 
 when necessary 
 or may borrow 
 money on 
 nigrtgngo. 
 
 Shares to l)e of 
 £i each, unit 
 how trausU'r- 
 ablc. 
 
 Companies may 
 Riie for omount 
 of calls unpaid. 
 
 i 
 
 fj 
 
 1 i 
 
 M, 
 
 ,1 
 
 ills 
 
 9 .'I 
 
 a: 
 
 ■')M' ii 
 
 
 , i, 
 
98 
 
 JOINT STOCK COMPANIES, 
 
 
 Nolle*. 
 
 Arbltralori to be 
 appoliiieil III 
 CAM orowneri 
 of pro(ieriy 
 throiiHM which 
 the ronil iiiny 
 pnic, Jte.i (III* 
 uxreciiiR with 
 (he Coiiipitiiy. 
 
 Mode of eotn- 
 pullng daina- 
 
 puling 
 lei. te 
 
 Tender or 
 paymenl. 
 
 ProviM : irihe 
 pnriy ihall ne- 
 glect to name an 
 arbitrator, or the 
 arbitrators can- 
 not agree on a 
 third. 
 
 Award may be 
 made by any 
 two. 
 
 Provlao as to 
 gardens, yards, 
 
 How Arbilrators 
 shall be appoint- 
 ed when the 
 owners or the 
 lands are absent, 
 or unable to sell, 
 or the lands are 
 mortgaged, ite. 
 
 
 of stock which luoh Stockholder may neglert to pay, after public notice 
 tlioroof in any newspapur nubli!>hecl in the District whero the Directors 
 shall usually meet for conuuutina the business of such Company, or if 
 there be no newspaper published in such District, then in some adjoin- 
 ing District. . 
 
 X. And be it enacted, That if the owner or owners, occupier or occu- 
 piers of any land, over, or through, or upon which any such Company 
 as aforesaid may be desirous of constructing any such road or other 
 work, or from which materials are to be taken, or upon which any power 
 given by this Act to the Company is intended to bu exercised, shall 
 upon demand made by the Directors of any such Company, net^lect or 
 refuse to agree upon tne price or amount of damages to be paid for, or 
 for passing through or over such land, and appropriating the same to 
 and for the uses of any such Company, or for the exercise of any such 
 power as aforesaid, it shall and may be lawful for the said Conipanv to 
 name one Arbitrator, and for the owner or occupier of such lancf so 
 required, or with regard to which such power iS intended to be exercised 
 as aforesaid, to name another Arbitrator, and for the said two Arbilrators 
 to name a third, to arbitrate upon, adjudge and determine the amount 
 which the said Company shall pay before taking possession of such 
 land, or exercising such power as aforesaid ; and upon such sum being 
 ascertained, due attention being had by the Arbitrators in ascer- 
 taining the same, to the benefits to accrue to the party requiring com. 
 
 fiehsation, by the construction of the said road or other work, it shall be 
 awful for the said Company to tender such sum to the said party 
 claiming compensation, who shall thereupon execute a conveyance to 
 the said Company, or such other document as may be requisite, and 
 the said Company shall, after such tender, whether such conveyance 
 or document be executed or not, be fully authorized to enter upon and 
 take possession of such land to and for the uses of the said Company, 
 and to hold the same, or to exercise such power as aforesaid, in such 
 and the like manner as if such conveyance thereof or other document 
 had been executed as aforesaid : Provided always, that if any such 
 owner or occupier shall neglect to name an Arbitrator for the space of 
 twenty days after having been notified so to do by the Company, or if 
 the said two Arbitrators do not agree upon such third Arbitrator, within 
 twenty days after the appointment of the second Arbitrator, then upon 
 the application of the said Company or of the other party, the Judge of 
 the District Couit holden within the District, shall nominate one oT the 
 Councillors of one of the Townships next adjacent to that in or along 
 which the land shall be situate, which it is proposed to take, or with 
 regard to which such power is intended to be exercised as aforesaid, 
 to be either the second er the third Arbitrator, in lieu of the one so to be 
 appointed and named, but not appointed or agreed upon by the party or 
 by the two first named Arbitrators as aforesaid, and any award made 
 by a majority of the said Arbitrators shall be as binding as if the three 
 Arbitrators had concurred in and made the same ; Provided, that no 
 road or other such work as aforesaid shall be made through or upon any 
 pleasure ground, garden, yard or orchard, or materials taken therefrom, 
 nor shall any timber be taken from any enclosed lands, without the 
 consent of the owner. 
 
 XI. And be it enacted. That whenever any lands or grounds required 
 by any such Company, for the purposes of any road or other such work, 
 or with regard to which any such power is to be exercised as aforesaid, 
 are held or owned by any person or persons, bodies politic, corporate or 
 collegiate, whose residence may not be within this Province, or 
 unknown to the said Company, or where the titles to any such lands or 
 grounds may be in dispute, or where such lands may ba mortgaged, or 
 
ROADS, BRIDGES, WHARVES. 
 
 when the owner or owner* of such lands or grounds are unable to treat 
 with the said Company for the sale thereof, or the ejrrrciae of any such 
 power as aforesaid by the Company, or to appoint Arbitrators as afore* 
 said, it shall and may be lawful for the saiil Company to nominate one 
 indifl'uront person, and for thu Judge of tho District Court foi the Dis- 
 trict in which tho lando are situate, on the aoplicali'in of the mii I 
 Company, to nominate and appoint one other iniiilferent porson, who, 
 togetnor with one other person to bo chosen by tliu persons so i,.imed, 
 before proceeding to busmoss, or, in thu event of thun lisagreoing as to 
 tho choice of such other person, to be appointed by any such Jndge as 
 aforesaid, before the others proceed to business, shall be Arbitrators to 
 award, determine, adjudge and ordur the respective sums of money 
 which the said Company shall pay to the respective parties entitled to 
 receive the same, for the said lands or grounds, or damages as afore- 
 said, and the decision of tho majority of such Arbitrators snail be bind- 
 ing ; which said amount so awarded the said Company shall pay or 
 cause to be paid to the several paitiea entitled to the same when 
 demanded ; and also that a record of such award or arbitration shall be 
 made up nnd signed by the aaid Arbitrators, or a majority of them, spe- 
 cfTying the amount awarded and the costs of such arbitration which 
 may be settled by tho said Arbitrators, or a majority of them, which 
 record shall be deposited in the Registry Office of tno County in or 
 along which such lands or grounds are situate ; and that the expenses of 
 any Arbitration under this Act, shall be paid by the said Company, and 
 by them deducted from the amount of such award, on payment 
 thereof to the parties entitled to receive the same, if the Company shall 
 before the appointment of their Arbitrator, have tendered an equal or 
 greater sum than that awarded by the Arbitrators, and otherwise by the 
 opposite party, and the Arbitrators shall specify in their award by which 
 of the parties the said costs are to be paid : And provided also, that all 
 lands or grounds which shall hereafter be taken by any such Company 
 for the purposes of any road or other such work, and which shall nave 
 been purchased and paid for by any such Company in the manner 
 hereinbefore provided, shall become and thenceforward shall continue 
 to be the property of such Company free from all mortgages, incum- 
 brances and other charges. 
 
 XII. And be it enacted. That if any such road shall pass through any 
 tract of land or property belonging to or in possession of any tribe of 
 Indians in this Province, or if any property belonging to them be taken 
 or any act occasioning damage to their properties or their possessions 
 shall be done under the authority of this Act, compens?':ion shall be 
 made to them therefor, in the same manner as is provided with respect 
 to the property, possession or rights of other individuals ; and-that 
 whenever it shall be necessary that Arbitrators be chosen by the parties 
 for settling the amount of such compensation, the Chief Officer of the 
 Indian Department, within this Province, is hereby authorized and 
 required to name an Arbitrator on behalf of the said Indians, ^nd the 
 amount which shall be awarded in any case shall be paid where 
 the said lands belong to any tribe or body of Indians, to the said Chief 
 Officer, for the use of such tribe or body. 
 
 09 
 
 Amount of 
 awnrd to l« 
 paid fonhnrilli. 
 
 Award to be 
 regiiicred. 
 
 By whom ihe 
 com (hall t>o 
 paid. 
 
 Frovlto : 
 Landa talien to 
 befreeof Incum- 
 braneei. 
 
 Cnic of landf 
 belonging to 
 Indiana pro- 
 vided for. 
 
 XIII. And be it enacted, that the Arbitrators so appointed shall Rx a Meetinoi and 
 convenient day for hearing the respective parties, and shall give eight proceedinga of 
 days' notice at least of the day and place, and having heard the parties "•* "Wtratora. 
 or otherwise examined into the merits of the matters so brought oefore 
 them, the said Arbitrators, or a majority of them, shall make their award 
 or arbitrament thereupon in writing, which award or arbitrament shall 
 be final as to the amount so in dispute as aforesaid. 
 
 'H 
 
100 
 
 JOINT STOCK COMPANIES, 
 
 
 il 
 
 If 
 k If- 
 
 I 'I ' 
 
 li-'l 
 
 l■'.lcclio^lofPrc^li- 
 (iiMit ami np- 
 pninlnipiit of 
 (JirictTS. 
 
 ToUf. Iiow to 1)0 
 fixed paid and 
 levied. 
 
 Provis'" : when 
 tolls iii;iy l)C 
 t.ikcii. 
 
 UntPOf tolls 
 liiiiilcil oil 
 Ruiuls. 
 
 Directors to rt'- 
 purt niiiiiially to 
 (lie Municipniity 
 the ninount rc- 
 reivud and e.v- 
 jif titled, &c. 
 
 Coiiipniiy to keep 
 reuulnr liooks 
 open 10 jiorsons 
 iippointeil liy 
 jMuiiicipalily, 
 &c. 
 
 I'l ' 
 
 *■■ . 
 
 XIV. And be it etmcletl, That it shall be lawful for the Directors of 
 any such Company to elect one of their number to be the President, and 
 to nominate and appoint such and so many officers and servants as they 
 shall deem necessary for performing the duties required of them by the 
 said Company, and in their discretion to take security from them or 
 any of them for the due performance of his or their duty, and that he or 
 they shall duly account for all moneys coming into his or their hands to 
 the use of any such Company. 
 
 XV. And be it enacted, That it shall and may be lawful for the 
 President and Directors of any such Company from time to time to fix, 
 regulate and receive the tolls and charges to be received from all per- 
 sons passing and re-passing with horses, cavls, carriages, and other 
 vehicles and for cattle driven upon, over and along any road or from all 
 persons, passing over any britlge with or without any such car- 
 riages or animals as aforesaid, or tising any work constructed made and 
 used by such Company under and by virtue of the provisions of this 
 Act: Piovided always, that so soon as two or more miles of any such 
 road shall have been completed tolls may be taken therefor, but on no 
 other work shciU tolls be taken until the same shall be completed. 
 
 XVf . And be it enacted. That the amount of tolls hereby authorized 
 to be levied at any gate by any such Company, to be formed and incor- 
 porated under the provisions of this Act, upon any road constructed by 
 such Company, shall not for each time of passing, whether loaded or 
 otherwise, exceed an aggregate sum calculated at the rate of one penny 
 half-penny per mile, from the gate required to be passed to the last 
 gate in the direction whence any person may have come, for any vehicle 
 drawn by two horses or other cattle ; and for any vehicle drawn by more 
 than two cattle, one half-penny per mile for every additional one; for 
 every vehicle drawn by one horse, one penny per mile ; for every score 
 of sheep or swine and for every score of neat cattle, one half-penny per 
 mile ; for every horse and rider or every led horse, one half-penny per 
 mile. 
 
 XVII. And be it enacted. That it shall be the duty of the Directors 
 of every Company incorporated under this Act, to report annually, at 
 some time during the month of January in each year, to the Municipa- 
 lity having jurisdiction within the locality through or along the boundary 
 of which such road shall pass, or whereiji sucli other work may be con- 
 structed, under the oath of the Treasurer of such Company, the cost of 
 their work, the amount of all money expended, the amount of their 
 capital stock, and how much paid in ; the whole amount of tolls ex- 
 pended on such work ; the amount received during the year for tolls, 
 and from all other sources, stating each separately; the amount of divi- 
 dends paid, and the amount expended f«)r repairs, and the amount of 
 debts due by such Company, specifying the object for which such debts 
 respectively, were incurred ; and every such Company, shall keep 
 regular books of account, in which shall be entered a correct statement 
 of the assets, receipts and disbursemenfS of such Company, which shall 
 be at all times open to the inspection and examination of any person or 
 persons, who may for that purpose be appointed by the Municipality, 
 having jurisdiction as aforesaid ; and every such Inspector shall have 
 the right of taking copies or extracts from the same, and of requiring 
 and receiving from the keeper or keepers of such books, and also from 
 the President and each of the Directors of fiuch Company, and all the 
 other officers and servants thereof, all such information as to such books 
 and the afTairs of such Company generally^ as such Inspector or Inspectors 
 may deem necessary for the lull and satisfactory investigation into and 
 report upon the state of the affairs of such Company, so as to enable 
 
 such Ins 
 such wo 
 XVIII 
 Director! 
 holders 
 money b 
 instalme 
 of forfeit! 
 made the 
 ninety Ai 
 ment sha 
 paper or 
 of the sai 
 the said 
 
 said, to 
 
 I t^- 
 
ROADS, BRIDGES, WHARVES. 
 
 such Inspector or Inspectors to ascertain whether the tolls levied upon 
 such work are greater than this Act allows to be levied as aforesaid. 
 
 XVIII. And be it enacted, That it shall and may be lawful for the 
 Directors of any such Company to call in and demand from the Stock- 
 holders of the said Company, respectively, all such sum or sums of 
 money by them subscribed, at such times and in such payments or 
 instalments as ttie said Directors shall deem proper, under the penalty 
 of forfeiting the shares of stock subscribed f and all previous payments 
 made thereon, if payment shall not be madt, jy the Stockholders within 
 ninety days after a personal demand, or after notice requiring such pay- 
 ment shall have been published for six successive weeks in the news- 
 paper or one of the newspapers nearest the place where the Directors 
 of the said Company shall usually meet for conducting the business of 
 the said Company. 
 
 XIX. And be it enacted, That every such road or other such work 
 as aforesaid, and all the materials which shall from lime to time, be got 
 or provided for constructing, building, maintaining or repairing the 
 same, and all toll-houses, gates and other buildings constructed or 
 acquired by and at the expense ofany such Company acting under the 
 
 Eiovisions of this Act, and used for their benefit and convenience, shall 
 e vested in such Company and their successors. 
 
 XX. And be it enacted, That every such Company shall have full 
 power and authority to erect such number of toll-gates or side-bars in, 
 along or across the said roads, And upon or at any work constructed under 
 this Act, respectively, and fix such tolls, not exceeding the rate afore- 
 said, to be collected at each gate or bar, as they may deem fit and 
 expedient (which tolls may be altered from time to time as circum- 
 stances may require,) ard to erect and maintain such toll-houses, toll- 
 gates and other buildings and erections which may seem necessary and 
 convenient for the due management of the business of every sucli 
 Company respectively ; Provided always, that no toll shall be exacted 
 for merely crossing any road. 
 
 XXI. And be it enacted, That every such Company so to be incorpo- 
 rated as aforesaid, shall be bound and is hereby required to complete 
 each and every road not more than five miles in length, and any other 
 work undertaken by them, and for the completion whereof they shall 
 have become incorporated as aforesaid, withm two years from the day 
 of their becoming incorporated under this Act, in default whereof they 
 shall forfeit all the cornorate and other powers and authority which they 
 shall in the mean time have acquired, and all their corporate powers 
 shall thenceforth cease and determine, unless further time be granted 
 by a By-law of the Municipality having jurisdiction as aforesaid. 
 
 XXIf. And be it enacted, That if any person or persons shall in any 
 way injure, cut, break down or.destpoy any part ot any such road, bridge 
 or other such work as aforesaid, oruiiy toll-gate or toll-house, building 
 or otber erection in, upon or near any such road or work, and belonging 
 to or used for the convenience of any such Company under the provi- 
 sions of this Act, every such person so offending, and being lawfully 
 convicted thereof, shall be deemed guilty of a misdemeanor, and shall 
 be punished by fine and imprisonment ; and if any person or persons 
 shall remove any earth, stone, plank, timber or other materials used or 
 intended to be used in or upon the said road, for the construction, main- 
 tenance or repair thereof, or shall drive any loaded wheel carriage or 
 other loaded vehicle upon that part of any of the roads constructed under 
 the authority of this Act, or by any Incorporated Company under the 
 authority of any other Act of the Legislature of this Province, between 
 the stones, plank or hard road and the ditch, further than may be nece*- 
 
 101 
 
 Directors may 
 cnll ill Hiiiiig 
 subscrilied iiiulcr 
 lieiinlty of for- 
 feiture of slicireii 
 subHcriLeil for. 
 
 Roads, works 
 aiui iiiiiteriiils 
 vested in Coiii- 
 paiiien, and tlieir 
 Duccesso'.ii. 
 
 'roll-8nte3 may 
 Im; erected. 
 
 Proviso. 
 
 Heads, iic, to be 
 comiiletcd liy 
 Companies Willi 
 in a certain time 
 after bcroiniiii; 
 iiicoriKiratcd. 
 
 renal ly for 
 defuull. 
 
 rcnally on per- 
 sons injuring 
 roade, or ot! er 
 worlisofany 
 Company 
 
 • i 
 
 
 . 1 
 
 V 
 ■ i 
 
 
 i I 5f 
 
 
102 
 
 ■ 
 
 * 
 
 ! 
 
 '- 
 
 Penalty on per- 
 ■oiis injuring 
 roads, lie. 
 
 IIow enforced. 
 
 OfTender to pay 
 ali dnuiaues ad 
 weli aa tte 
 penalty. 
 
 Fine to be pay- 
 able either in 
 money or labor. 
 
 Fines, bow 
 levied. 
 
 Imprisonment 
 for want of 
 distress. 
 
 Penally on 
 persons turning 
 out of road to 
 evade toil. 
 
 ,ir: 
 
 JOINT STOCK COMPANIES, 
 
 sary in passing any other vehicle or in turning off or upon such road, or 
 shall cause any injury or damage to be done to the posts, rails or fences, 
 or shall haul or draw, or cause to be hauled or drawn upon any part 
 of the roads constructed as aforesaid, any timber, stone, or other thing 
 which shall be carried principally or in part upon wheeled carriages or 
 sleighs, so as to drag or trail upon such road to the prejudice thereof, or 
 if any person shall leave any wagon, cart, or other carriage whatever, 
 upon such road without some proper person in the sole custody or care 
 thereof, longer than may be necessary to load or unload the same, 
 except in case of accident, and in cases of accident for any longer time 
 than may be necessary to remove the same, or shall lay any timber, 
 stones, rubbish or other thing whatever upon such road, to the prejudice, 
 interruption and danger of any person travelling thereon, or if any per- 
 son shall, after having blocked or stopped any cart, wagon, or other 
 carriage in going up a hill or rising ground, cause or suffer to lie and 
 remain on such road, any stone or other thing with which such cart or 
 carriage shall have been blocked or stopped, or if any person shall pull 
 down, damage, injure or destroy any lamp or lampposts put up, erected 
 or placed in or near the side of such road or toll-houses, erected thereon, 
 or shall wilfully extinguish the light of any such lamp, or if any person 
 shall wilfully pull down, break, injure or damage any table of tolls, put 
 up or fixed at any toll-gate or bar on any part of such road, of shall wil- 
 fully or designedly deface or obliterate any of the letters, figures or 
 marks thereon, or on any finger post, or any mile post or stone ; or if 
 any persons shall throw any eattn, rubbish or other matter or thing into 
 any drain, ditch, cuivert or other water-course made for draining any 
 such road, or if any person shall without permission, carry away any 
 stones, gravel, sand or other materials, dirt or soil from any part of any 
 such road, or dig any holes or ditches on the allowance for the same, or 
 shall forcibly pass or attempt to pass by force any of the toll-gates set 
 up by any such Company, or to use the work constructed by the Com- 
 pany without having first paid the toll fixed by the Directors of such 
 Company to be received at any such gate, such person shall, upon con- 
 viction thereof in a summary way before any Justice of the Peace in or 
 near the place where the injury shall have been done, be sentenced to 
 pay all damages sustained by such Company, to be ascertained by the 
 said Justice upon the hearing of the said complaint, and also to pay a 
 fine of not more than fifty shillings nor less than five shillings; such 
 damages and fine to be paid within a time to be limited by the said 
 Justice, and in default thereof the same shall be levied as next herein- 
 after is provided. 
 
 XXIII. And be it enacted, That the fines and forfeitures authorized to 
 be summarily imposed by this Act shall and may be levied and collected 
 by distress and sale of the offender's goods and chattels, under the 
 authority of any Warrant or Warrants of Distress for that purpose to be 
 issued by the Justice before whom the conviction shall have been had ; 
 and in case there shall be no goods or chattels to satisfy such Warrant or 
 Warrants, such offender or offenders shall and may be committed to 
 the Common Gaol of the District for any period not exceeding one 
 month. 
 
 XXIV. And be it enacted, That if any person or persons shall, after 
 proceeding on any such road with any wagon, carriage or other vehicle, 
 or animal liable to jay toll, turn out of the said road into any other load, 
 and shall enter the said road beyond any of the said gate or gates with- 
 out paying toll, whereby such payment shall be evaded, such person or 
 persons shall for every such offence forfeit and pay the sum of ten shil- 
 lings, which said sum shall be expended on the said road or towards 
 
 posse 
 shall! 
 suffer 
 gate, I 
 or otl 
 shall I 
 
 excee 
 road. 
 
ch road, or 
 8 or fences, 
 n any part 
 Jther thing 
 arriages or 
 
 thereof, or 
 • whatever, 
 )dy or care 
 the same, 
 )nger time 
 ny timber, 
 (prejudice, 
 f any per- 
 1, or other 
 to lie and 
 ch cart or 
 shall pull 
 lap, erected 
 }d thereon, 
 »ny person 
 if tolls, put 
 shall wil- 
 figures or 
 one; or if 
 thing into 
 ining any 
 away any 
 irt of any 
 '■ same, or 
 ■gates set 
 the Com- 
 i of such 
 ipon con- 
 !ace in or 
 fenced to 
 id by the 
 to pay a 
 , ; such 
 the said 
 
 herein- 
 
 orized to 
 ollected 
 ider the 
 e to be 
 m had; 
 irrant or 
 itted to 
 ing one 
 
 11, after 
 'ehicle, 
 3r load, 
 s with- 
 rson or 
 sn shil- 
 owardtf 
 
 ROADS, BRIDGES, WHARVES. 
 
 103 
 
 Municipalities 
 niny acquire 
 Btocic in Com- 
 pantea formed 
 under this Act. 
 
 the discharge of any debts due by the Company ; and any one Justice 
 
 of the Peace for the District in which such part of the said road is situate, h^^ enforced. 
 
 shall, on conviction of such offender, fine such offender in the said 
 
 penalty, and shall cause the same to be levied as aforesaid. 
 
 XXV. And be it enacted, That if any person or persons occupying or Penalty on 
 possessing any enclosed lands near any toll-house or toll-gates, which Sfheri' to°evade"' 
 shall be erected in pursuance of this Act, shall knowingly permit or toils. 
 
 suffer any person or persons to pass through such lands, or through any 
 gate, passive or way thereon, with any carriage, horse, mare, gelding 
 or other animal liable to the payment of toll, whereby such payment 
 shall be avoided, every person or persons so offending, and also the 
 person riding or driving the animal or animals or carriage whereon such 
 payment is avoided, being thereof convicted, before any one Justice as 
 aforesaid, shall for every such offence, severally incur a penalty not 
 exceeding twenty shillings, which shall be laid out in improving such 
 road. 
 
 XXVI. And be it enacted, That it shall be lawful for any Municipal 
 Body Corporate, having jurisdiction within the locality through or along 
 the boundary of which any such road shall pass, or in which any such 
 work as aforesaid is to be constructed, to subscribe for, acquire, accept 
 and hold, and to depart with and transfer Stock in any Company to be 
 formed under the authority of this Act, or by any Company heretofore 
 chartered by Act of the Legislature for a like purpose, and from time to 
 time to direct the Mayor, Y^arden or other Chief OfRcer thereof, on 
 behalf of such Municipality, to subscribe for such Stock in the name of 
 such Municipality, and to act for and on behalf of such Municipality in 
 all matters relative to such Stock and the exercise of the rights of such 
 Municipality as a Stockholder, and the Mayor, Warden or other Chief 
 OfRcer shall, whether otherwise qualified or not, be deemed a Stock- 
 holder in the Company, and may vote and act as such, subject always 
 to such rules and orders in relation to his authority as shall be made in 
 that behalf by such Municipality by their By-laws or otherwise, but 
 acting according to his discretion in cases not provided for by such 
 Municipality ; and it shall be lawful for such Municipality to pay for, 
 or to pay all instalments upon the Stock they shall subscribe for and 
 acquire, out of any moneys belonging to such Municipality and not spe- 
 cially appropriated to any other purpose, and to apply the moneys 
 arising from the dividends or profits on the said Stock or from the sale 
 thereof, to any purpose to which unappropriated moneys belonging to 
 such Municipality may lawfully be applied. 
 
 XXVII. And be it enacted, That it shall also be lawful for the Muni- 
 cipality of any locality through or along the boundary of which any such 
 road shall pass, or within which any such work as aforesaid shall be 
 constructed, to loan money to the Company authorized to make such 
 road or construct such work, or to any Company heretofore chartered by 
 Act of the Legislature for a like purpose, and out of any moneys belong- 
 ing to the Municipality and not appropriated to any (rther purpose, and 
 to effect such loan upon such terms and conditions as may be agreed 
 upon between such Company and the Municipality making such Joan, 
 and to recover the money so loaned, and to appropriate the money so 
 recovered to the purposes of such Municipality. 
 
 XXVIII. And be it enacted, That after twenty-one years from the 
 time of completing any such road or other work as aforesaid, it shall 
 and may be lawful for any Municipal authority representing the inter- 
 ests of the locality through or along the boundary of which any such road 
 shall pass, or in which the work shall be situate, to purchase the stock 
 of such Company at the current value thereof at the time of purchase. 
 
 Who shall vote, 
 &c., on such 
 stock. 
 
 As to payment 
 of such sub- 
 scription, Slc, 
 
 Municipal 
 bodief may lend 
 money to such 
 Companies. 
 
 Recovery 
 thereof. 
 
 Twenty-one 
 ycarv after the 
 roads, Sec, are 
 compleied, all 
 the Stock may 
 be purchased hy 
 the Municipality. 
 
 ,. ^% 
 
 I 'ii 
 
¥ 
 
 m 
 
 H 
 
 ft* 
 
 Value liow 
 aHcerlained. 
 
 104 JOINT STOCK COMPANIES, . 
 
 (to be ascoi'taiaeJ by Arbitrators to be appointed and to act in the man- 
 ner hereinbefore provided in other cases, if the Company and the Muni- 
 cipality cannot a^ree upon such value.) and to hold the same for the use 
 and benefit of the said locality, and such Municipal authority shall 
 thenceforth stand in the place and stead of the said Company, and shall 
 possess all such powers and authority as the said Company shall have 
 theretofore possessed and exercised. 
 
 What it Biinii lie XXIX. And be it enacted, That in any action or suit to be brought by 
 
 i'li ncUoiiVifor*"^' *"y ^^^^ Company against any Stockholder, to recover any money due 
 
 Huriis 8ub«cribe(l for any call, it shall not be necessary tc set forth the special matter, but 
 
 '*''■ it shall be sufficient for the Company to aver that the Defendant is the 
 
 holder of one share or more (statmg the number of shares) in the stock 
 
 of the Cothpany, and that he is indebted to the Company in the sum of 
 
 money to which the calls in arrear shall amount in respect of one call or 
 
 more upon one share or more (stating the number and amount of each 
 
 of such calls) whereby an action hath accrued to the Company by virtue 
 
 of this Act. 
 
 XXX. And be it enacted, That on the trial or hearing of any such 
 action, it shall be sufficient for the Company to prove that the Defendant 
 at the time of making such call was a holder of one share or more in the 
 undertaking (and when there has been no transfer of the shares, tlien 
 the proof ofsubscription to the original agreement to take stock shall be 
 sufficient evidence of holding stock to the amount subscribed,) and that 
 such call was in fact made, and such notice thereof given as is required, 
 and it shall not be necessary for the Company to prove the appointment 
 of the Directors who made such call or any other matter whatever, and 
 thereupon the Company shall be entitled to recover what shall be due 
 upon such call, with interest thereon, unless it shall apper that due 
 notice of such call was not given. 
 
 XXXI. And be it enacted, That in any action or suit brought by or 
 against any such Company upon any contract or for any matter or thing 
 whatsoever, any Stockholder or any Officer or Servant of the Company 
 shall be competent as a witness, and his testimony shall not be deemed 
 inadmissible on the ground of interest or of his being such Servant or 
 Officer. 
 
 XXXII. And be it enacted, That if any action or suit shall be brought 
 against any person or persons for any matter or thing done in pursuance 
 of this Act, such action or suit shall be brought within six calendar 
 months next after the fact committed, and not afterwards, and the 
 defendant or defendants in such action or suit may plead the general 
 issue only, and give this Act and the special matter in evidence on the 
 trial. 
 
 Wiiat it shall 
 l>c iicci.>!>8ary to 
 prow ill 8ucli 
 nctioiis. 
 
 Stockholilers 
 may be witness • 
 
 t'U. 
 
 Ziiiuitation or 
 Biiitii for iliinsB 
 (lone uiiilcr this 
 Act. 
 
 KxcmpliO'is 
 from toll. 
 
 What rate of 
 toll iiiav Im 
 ik'iiia'Mdcil on 
 ruaiU iiilersijcted 
 liy roailH iitade 
 under this Act. 
 
 XXXIII. And be it enacted, That all y rsons, horses or 
 going to or attending or returning from any funeral, or any person with 
 horse or carriage going to or returning from Divine Service on the Lord's 
 Day, shall pass the gates on any road made or improved under the 
 authority of this Act, free of toll. 
 
 XXXIV. And be it enacted, That whenever any road to be constructed 
 under the authoilty of this Act, or a road already constructed under 
 the authority of any Act of the Legislature of the Province, shall intersect 
 a road constructed by another Chartered Company, no higher rate of 
 toil shall be demanded from the persons travelling along the said last 
 mentioned road, for the distance travelled between such intersection and 
 eitiier of its termini than the rate per mile charged by the said Company 
 for travelling along the entire length of their road so interaeeted. 
 
 XX] 
 
 work 1 
 this Ad 
 shall bl 
 sufficit 
 such C| 
 Compa 
 or othel 
 any Dil 
 aforesal 
 cution 
 repairsl 
 mencel 
 that in 
 and suti 
 Her Hi 
 
ROADS, BRIDGES, WHARVES. 
 
 10" 
 
 L'oiiip.'iiiics 10 
 keeii roads in 
 8umc 
 
 icieiit rc|)air. 
 
 Iiidictiiicnt for 
 
 XXXV. And be it enaated, That after any road, bridge or other such 
 Work aa aforesaid, constructed by any Company uniter the authority of 
 this Act, shall have been completed, and tolls been taken thereon, it 
 shall be the duty of the said Company to keep the same in good and 
 sufficient repair, and in case any such road, bridge or work shall, by any 
 such Company, be allowed to fall into decay anc? get out of repair, such 
 Company may be indicted at any Court of General Sessions of the Peace ,,„„t,,„ 
 or other Court of Superior Jurisdiction within or along the boundary of default, 
 any District whero such road, bridge or work shall be so out of repair as 
 aforesaid, and upon being convicted, the Court before whom such prose- 
 cution shall be had, shall direct such Company to make the necessary 
 repairs, for the want whereof such prosecution shall have been com- 
 menced, within such time as to such Court shall seem reasonable, and 
 
 that in default thereof, such Company shall be declared to be dissolved, DUsoiution for 
 and such road, bridge or work shall thenceforth be vested in Her Majesty, ''•^'''"" *" "-'f'^^' 
 Her Heirs and Successors, to and for the use of the public, in like 
 manner as any public and common highway or public work, and shall 
 thenceforth be subject to all the laws alTecting public highways and 
 public works, and the powers of such Corporation shall thenceforth vest 
 m the Municipality having jurisdiction as aforesaid, which shall there- 
 upon take on itself the order and management of the said road as the 
 said Company had theretofore done. 
 
 XXXVI. And be it enacted, That nolwithstandlng the privileges that Reservation of 
 may be conferred by this Act, the Legislature may at any time hereafter L^„'yf,|t' "',""'' 
 in their discretion make such additions to this Act, or such alterations of aniLMxior aittr 
 any of its provisions as they may think proper, for affording just protec- t'"" -^c'- 
 tion to the public or to any person or persons, body corporate or politic, 
 
 iu' respect to their estate, property or right or interest therein, or any 
 advantage, privilege or eonvetiieace connected therewith, or in respect 
 to any way or right of way, public or private, that may be afFected by 
 any of the powers, given to any such Corporation. 
 
 ills ' t' 
 
 Mti 
 
 SCHEDULE 
 
 Schcdnle. 
 
 of 
 
 Be it remembered, that on this 
 
 day 
 in the year of Our Lord, one 
 ,We, the 
 , in the 
 
 thousand eight hundred and 
 undersigned Stockholders, met at 
 
 County of , m 
 
 the Province of Canada, and resolved to form ourselves into a Company, 
 to be called (here insert the Corporate name intended to be taken by the 
 Company,) according to the provisions of a certain Act of the 
 Parliament of this Province, intituled, An, Act ^'c, (insert the title 
 of this Act,) for the purpose of constructing a Plank Road (or Macadam- 
 ized or Gravelled Road, or both, as the case may be,) from (the com- 
 m£ncement of the intended Road) to (the termination thereof,) or a Bridge, 
 Slide, Wharf, Pier or other such work as aforesaid, describing the nature, 
 extent aiid situation thereof,) and we do hereby declare that the 
 Capital Slock of the said Company shall be pounds, to be 
 
 divided into shares, at the price or sum of five pounds each : 
 
 and we, the undersigned Stockholders, do hereby agree to take and 
 accept the number of shares set by us opposite to our respective signa- 
 tures, and we do hereby agree to pay the calls thereon, according to the 
 provisions of the said iu part recited Act, and of the Rules, Regulations, 
 
106 
 
 I 
 
 i 
 
 I';'' I 
 
 rreamblo. 
 
 The Acts and 
 pnrts of Acts 
 nietitioiied in the 
 Schedule repcal- 
 ■ed with Acts 
 coniinuing them 
 or continued by 
 litem. 
 
 Proviso : Arts 
 not to lie revived 
 or rppenled, &c., 
 |jy the passin:; or 
 this Act, by im- 
 plication. 
 
 Proviso ns to 
 proceedings rela- 
 tive to offences 
 and other niatiers 
 occiirrlni; befori 
 this Act shnll be 
 In force, under 
 the Acts re- 
 {lealed. 
 
 MUNICIPAL ACTS REPEALED. 
 
 Resolutions and By-laws of the said Company^ to be made or passed in 
 that behalf ; and we do hereby nominate {the names to be here inserted) 
 to be the first Directors of the said Company. 
 
 NAME. 
 
 No. OF SHARES. 
 
 AMOUNT. 
 
 . . . 
 
 
 
 MUNICIPAL ACTS, &c., REPEALED. 
 
 An Act to repeal the Ads in force in Upper- Canada, relative to the Estab- 
 Ishment of Local and Municipal Author'ties, and other matters of a 
 like nature. 
 
 [30th May, 1849.] 
 
 WHEREAS it is expedient to repeal the several Acts in force in 
 Upper-Canada, relating to the Incorporation of the Inhabitants of 
 the several Districts of that part of this Province, and of certain other 
 local itie therein, the Election and duties of Township Officers, and 
 other mattr « of a like nature, to the end that better provision may be 
 made for such purposes : Be it therefore enacted, &c., That the peveral 
 Acts of the Parliament of the late Province of Upper-Canada, and those 
 of the Parliament of this Province set forth in the Schedule to this Act 
 annexed marked A, and containing a description of the Acts and parts 
 ol Acts repealed by this Act, so far as the spme shall be in force at the 
 commencemRiit of this Act, and all Acts continuing or making perma- 
 nent any of the said Acts, or continued or made permanent by any of 
 them, shall be, and the came are hereby repealed : Provided always, 
 nevertheless, Firstly : Tl.at no Act or part of an Act repealed by any of 
 the Acts hereby repealed, shall be revived by the passing of this Act, 
 and no Act, or part of an Act, perpetuated or continued by any of the 
 Acts hereby repealed, (except such as are herein expressly repealed), 
 shall be repealed by the passing of this Act; And provided always, 
 Secondly: That notwithstanding the repeal of the Acts and parts of 
 Acts hereby repealed, all acts which might have been done, and all 
 proceedings which might have been taken or prosecuted relating to any 
 offences or neglects which may have been committed, or to any matters 
 which shall have happened, or to any moneys which shall have become 
 due, or to any fines or penalties which shall have been incurred before 
 

 MUNICIPAL ACTS REPEALED. 107 
 
 the day on which this Act shall come into operatioiii shall and may still 
 
 be done or prosecuted, and ihe ofTences and omissions may be dealt 
 
 with and punished, and the moneys may be recovered and dealt with, 
 
 and the fines and penalties may be imposed and applied as if the Acts, 
 
 and parts of Acts, hereby repealed, continued in force, except only so Exception. 
 
 far as the new Municipal Corporations to be created by and under the 
 
 provisions of the Act of the present Session of Parliament to provide for 
 
 the Incorporation of Townsnips, Counties, Villages, Towns and Cities 
 
 in Upper-Cinada, shall or may be substituted for the old ones. 
 
 II. And in order that no doubt shall remain whether any or what part Recital, 
 of any former Acts relating to the Incorporation of the Inhabitants ol the 
 several Districts of that part of this Province, and of the other localities 
 therein, or the Election and duties of Township OiHcers, continue in 
 
 Be it enacted, That all Acts and paits 
 
 of Acts relating to 
 
 the 
 
 All Acts and 
 parts of Acts re- 
 intiiiK to certain 
 subjects— except 
 tliuEie gnveil in 
 Schedule B — 
 repealed. 
 
 Furtlier excep- 
 tion. 
 
 Recital. 
 
 force 
 
 same, shall be, and the same are hereby repealed, so far as such Acts 
 or parts of Acts shall be in force at the commencement of this Act, save 
 and except such Acts or parts of Acts as are mentioned in the Schedule 
 to this Act annexed, marked 6, and save and except all other Acts made 
 expressly for other purposes, although they incidentally touch on mat- 
 ters relating to such subjects, or although the provisions thereof are to 
 be carried into effect by Officers elected or appointed under such Acts 
 or parts of Acts, nevertheless, such matters and piovisions last mentioned, 
 so far as they are repugnant to, or inconsistent with the Act or Acts 
 relating to such matters in force at the time, shall be, in all respects, 
 controlled by such last mentioned Act or Acts, unless the contrary shall 
 have been expressed in such last mentioned Act or Acts. 
 
 Til. And whereas certain Acts mentioned and set forth in the 
 Schedules hereto annexed, to be hereby repealed either in the whole or 
 in part, contain certain special provisions respecting assessments upon 
 property in the Cities, Towns and Villages to which they respectively 
 refer; and whereas such Acts or parts of Acts are not in the said 
 Schedules excepted out of the repeal hereby intended under the expec- 
 tation that a general Act will be passed during the present Session of 
 Parliament for establishing a more just general system of assessment in 
 Upper-Canada than that now in force therein, and it is therefore expe- 
 dient to provide that in case such Act should not be so passed, the said 
 provisions shall remain in force : Be it therefore enacted, That until 
 such Act for a more just general system of assessment in Upper-Canada 
 shall be passed, or other Legislative provision be made in that 
 behalf, so much of the several Acts mentioned in the Schedules to this 
 Act annexed as established provide for, or regulate the assessment or 
 mode of assessment, or the properly to be assessed in any of "ich Cities 
 or the liberties thereof, or in any of such Towns or Villages, or .my matter 
 relating to the same, shall continue in force as if such Acts or parts 
 of Acts had in the said Schedules been specially excepted from repeal ; 
 and all such Acts and paits of Acts shall extend and apply to every such 
 City and the liberties thereof, and to every such Town and Village 
 respectively, according to theextended or altered limits thereof as esiab- 
 lished by an Act of the present Session of Parliament, intituled, Aii Act 
 to provide by one general Law for the erection of Municipal Corporations, 
 and the establishment of regulations of Police in and for the several Covn- 
 ties, Cities, Toums, Townships and Villages in Upper- Canada, 
 
 IV. And be it enacted, That this Act shall commence and have force comineiicement 
 and effect upon, from and after the first day of January, in the year of ofiiiis Act. 
 our Lord, one thousand eight hundred and fifty, and not before. 
 
 V. And be it enacted, That this Act may be amended, .litored, or ^,5^,e"|i'eV&c 
 repealed by any Act to be passed in this present Session of Parliament, tiiia Session. ' 
 
 Provisions rela- 
 tive to nsscss- 
 luctits saved. 
 
 ,kll 
 
 li 
 
1» 
 
 i 
 
 SCIIKDULES TO WIIfCH THIS ACT REFERS. 
 
 SCHEDULE A, 
 
 Containing a description of the Acts and parts of Acts Repealed by this Act. 
 
 fTrS T~D~rV I S I N . 
 
 Acts of the Parliament oftlie late Province of Upper-Canada. 
 
 "'*?.' 
 
 NO. 
 
 DATK ANU SUBJKCT 
 or ACT. 
 
 37 Geo. 3, Cap. IB, 
 rerrici). 
 
 13 Reo. 3, Cap. 10, 
 Ciiulti ruiiiiiiiK at 
 lurgu. 
 
 13 Geo. 3. Cnp. 11, 
 AH«U88iiiuiitlbr 
 Mciiiherit liideiiiiiity 
 
 TITLE. 
 
 ■ XTKMT or RirBAL. 
 
 An Act for the regulation of Ferries. 
 
 An Act tocxienri the provisions of an Act passed in 
 the lliirty-roiirlli ycnr of Ilia Alojesly's Heign, 
 intituled, "An Artio rentrain ilie custom of |itir- 
 niittini; Horned Cuttle, Korst's, Sliecp and Swine 
 to run ot large." 
 
 An Act the more conveniently to collect the coin-lThc whole, 
 jiensatioii to the Alcniberii of the House of Assetu- 
 bly for their attendance in their duty in Parliament 
 and to rcjical part of an Act pasiied in the I'arlia- 
 mciitoftiiis Province in the ttiirty-third year of 
 His Majesty's Reign, intituled, "An Act to 
 authorize and direct the laying and collecting of 
 Assessments and Rates within this Province, and 
 to provide for tlie payment of wages to the House 
 of Assembly." 
 
 So much PS vests any powers 
 in the Magisiratek in Quarter 
 Sessions. 
 
 4 |50 Geo. 3, Cap. 1, 
 
 I Highways. 
 
 jO (ieo. 3, Cap. 13, 
 Iliildimand Town 
 Meetings. 
 
 32 Geo. 3, Cop. 10, 
 H.gliways. 
 
 54 Geo. 3, Cop. 13, 
 York Market. 
 
 37 Geo. 3. Cnp. 2, 
 York, Amherstburgli 
 and Sandwich. 
 
 LW Geo. 3, C-ip. 4, 
 Niagara Market. 
 
 lU 'oO G. 3, Ses. '2, Cap.l, 
 Niasara. 
 
 11 39 G. 3. Ses. 2, Cap. 11, 
 Niagara Morket. 
 
 1-2 
 
 2 G.4,Se8. '2,Cap. It, 
 Cnttic running at 
 large. 
 
 14 
 15 
 
 ■i Gl 
 
 PJ 
 
 I G] 
 
 \n Act to provide for the laying out, amending and 
 keeping in repair, the Public Highways and Roads 
 in this Vrovince, and to rejieal the Laws now in 
 force for that pui pose. 
 
 .\n Act to authorize tlie Inhabitants of the County of 
 Ilaldiinand, tohold annual meetings for the pur- 
 pose of electing Town and Parish Officers. I'lie whole. 
 
 An Act to amend on Act passed in the fiftieth year 
 of His Majesty's Reign, intituled, "An Act to 
 provide for toying out, amending and keeping in 
 repair the Public Highways and Ronds in this 
 Province, and to rciwol the Laws now in force 
 for that purjwse." The whole. 
 
 An Act to em|x)wer the Commissioners of the P«oce 
 for tlic Home District, in their Court of General 
 Quarter Sessions assembled, to establish nn<l 
 regulote n Market in and for tlie 'i\)wn of York, inl 
 the said District. The whole. 
 
 .An Act to establish a Police in the Towns of York, 
 SandwicJi and AmUeraiburgh, The whole 
 
 An Actto estoMish a Market in the Town of Nia- 
 gara, in the Niagara District. The whole. 
 
 \n Act for establishing a Police in the Towti of 
 Niagara, in the District of Niagara, and for ,otl)er 
 purposes therein mentioned. The whole. 
 
 An Act to amend and re|)cal part of an Act passed 
 in the lifty-seventh year of I'is Majesty's Reig 
 intituled, "An Act toestal>..">i! a Market in the 
 Town of Niagara, in the Niagara District." The whole 
 
 .\n Act to re|>enl in part a certain part of an Act 
 passed in the forty-third year of His late Majesty's 
 Iteigu, intituled, " An Act toextend the provision; 
 of an Act passed in tlie thirty-fnurth year of His 
 Majesty's Keign, intituled, ' i.n Act to restrain 
 the custom of |)crniilling Horned Cattle, Horses, 
 Sheep and Swine, to run at large,'" and further to 
 enable the Magistrates in their respectiveDistricts 
 in this Province, in General Quarter Sessions 
 assembled, to make such rules and regulations as 
 may restrain Swine, running at large in the 
 respective Towns in this Province, where a 
 Police is or may hereafter be established by Law. The whole. 
 
 The whole. 
 
 Sections one to eleven, inclu- 
 sive, and Sections Ihirieen to 
 thirty four, inclusive. 
 
 '« ' s ; 
 
 17 I W| 
 
 I Ar 
 W 
 
 I [ir 
 
 in ,3 VV 
 Hi 
 
 21 
 
 3 W 
 Br< 
 
 J W 
 
 Li 
 
 2-2 
 
 4 \V 
 
 To 
 
 23 14 W 
 Uc 
 
 21 ,4 \V 
 CC 
 
 25 
 20 
 27 
 
 2s 
 
 20 
 30 
 
 Pc 
 
 4 A\ 
 Pi 
 
 A 
 
 b< 
 
 V 
 
 / 
 b< 
 
 V 
 II 
 
 8 \' 
 
 H 
 
 m 
 
MUNICIPAL ACTS REPEALEO. 
 
 109 
 
 ■lATK AND Hl'IUKCT 
 or ACT. 
 
 T I T L i: 
 
 K.XTKMT or RRPKAI,. 
 
 13 
 
 It 
 
 I'i 
 
 Iti 
 
 17 
 
 !»• 
 
 'in.4,Sei.3,Cnp.l3, 
 i I'ulicc Moneyi. 
 
 ■i G. 4, Set. 9, Cap. 15, 
 Perth Market. 
 
 I r.. t.ReR. l,Cnp.3l, 
 Ninttorn Polieei &c. 
 
 (fco. 4, Cnp. 11, 
 Street SurvcyorB. 
 
 SU 
 
 21 
 
 !M 
 
 23 
 
 21 
 
 20 
 
 27 
 
 20 
 
 30 
 
 An Act rnqiiiring the puliHcatlon of the expeiiditure 
 oriiionoyH mined under niiy hiw, eslahliiihiiii; «, 
 I Police ill niiy Tuwii or Town* in thii rioviiicc. iThc whole. 
 
 'An Act to eitnhlisli n Market in the Town ori'erth,' 
 
 I in tlie County of CarlL'toii. .The whole. 
 
 I An Act to continue nml niiiend nn Act pnRScd in tlicj 
 
 I liriy-niiitli year oniiit late IMajesiy'ri Reign, intit-| 
 
 uled, "An Act lor eotiildiiihiiii; a i'ulice in thei 
 
 Town ol'Ningnrn, in the District or Ninyara, aii(t| 
 
 for other pur|x)iicg therein ineiitioncd." 'The whole. 
 
 \n Act to amend the Tinws now in force for tliei 
 appointment of .Street Hurveyom, so far nn relates! 
 to the teverni Towns in thin I'rovince othrr tliani 
 those in wliicli the Oeneral (limrter ticssions of; 
 the I'eacc are by law holdon. JTlic whole. 
 
 An Act to cstalillKh a Market niid to cstnbllih 
 Wharfarge Fees in the Town of Aniherstburgh, in 
 the Western District. 
 
 1 William 4, Cnp. 3, 
 AmherKtItiirRli 
 WImrfiige l''eca. 
 
 2 William 4, Cap. 17, iAn Act to establish a Police in the Town of Brock- 
 (trockville. ville, in the District of Johnstown. 
 
 10 3 William 4, Cap. 16, 
 Hamilton. 
 
 3 William 4, Cap. 40, 
 Brockville Market. 
 
 An Act to define the liniitsofthe Town of Hamilton, 
 in the District of Gore, and to establish a Police 
 and Public Market therein. 
 
 An Act to establish a Market in thcTown of Brock' 
 ville. 
 
 William 4, Cap. 12, An Act to regulate Line Fences and Water Courses 
 
 Lino Fences, lie. 
 
 and to repeal so much of an Act passed in the 
 thirty-third year of the Rei|{n of His late Majesty 
 Kin^' George tlie Third, intituled, "An Act to 
 provide for the nomination and appointment of 
 Parish aiulTown Offlcerg within this Province,' ' 
 as relates to the Uflice of Fence Viewers, being 
 discharged by Overseers of IIii;hways and Roads. 
 
 William 4, Cap. 23 An Act toextend the limits of the Town ofYork, to Sections one to nincty-fivp. in- 
 Toroiito. ' erect the said Town into a City, and to incorpor- elusive, and also the whole of 
 
 The whole. 
 
 The whole. 
 
 The whole. 
 
 The whole. 
 
 The First Section.* 
 
 ate it under the name of the City of Toronto. 
 
 4 William 4 Cap 21 'A" ^'^^ '" establish a Board of Police in the Town 
 Belleville.' ' 'l of Belleville. 
 
 4 William 4 Cap 2.i 'An Act to establish a Police in the Town of Corn- 
 Cornwall ' i wall, in the Kastern District. 
 
 25 1 William 4, Cap. 20, 
 Port Hope. 
 
 4 William 4, Cap. 27, 
 Prcseott. 
 
 i^ectiou ninety-six, except the 
 proviso. 
 
 The whole. 
 
 The whole. 
 
 An .\ct 10 define the limits of the Town of Port 
 Hope, and to establish a Police therein. The whole. 
 
 An Act to incorporate the Village of Prcseott, and 
 to establish an Elective Police therein. The whole. 
 
 .5 William 4 Can An Act to provide for the payment of wages to the 
 Assessment for Mem- Members of the House of Assembly who repre- 
 bcrs' Indemnity. ', sent the dilferent Towns in this Province. JThc whole. 
 
 William 4 Cap 1, An Act to provide for the payment of wages to, 
 Assessment Mem- * Members representing Cities and Incortwrated 
 bcrs' Indemnity. i Towns within the Province. The whole. 
 
 William 4 Cap 13 An .\ct to establish a Market in the West Ward of! 
 Brockville Market. '; the Town of Brockville. JTlie whole. 
 
 8 William 4, Cap. II, 
 Belleville. 
 
 i 
 \n Act to repeal nn Act passed in the fourth yearofj 
 His present Majesty's Keign, intituled, "An Actj 
 to establish n Board of Police in the Town of 
 Belleville," and to make fliriher provisions for ihei 
 establishment of a Police in said Town. iThe whole. 
 
 
 . »* 
 
 f 
 
 <l 
 
 ^ 
 
 »i:;r' 
 
 *i:rror.— The Act4, Wm.4, Cap. 12, R-pealcd by 8 Vic. Cap. 20, Sec. IB. 
 
I 
 
 110 
 
 MUNICIPAL ACTS REPEALED. 
 
 NO 
 
 31 
 U'J 
 
 3.1 
 
 at 
 
 33 
 
 30 
 
 37 
 
 38 
 
 30 
 
 40 
 
 41 
 
 43 
 
 43 
 44 
 
 UATK AMU IWBIKCT 
 or ART. 
 
 T 1 T li K . 
 
 7 Wllllnin 4. Cnp. 24, 
 lIouHC or Iiulumry 
 
 7 Willlnm 4, Cap. 30, 
 'ioruiito. 
 
 7 Willlnm 4, Cnp. 41, 
 'I'oramo Markuu. 
 
 7 Willlnm 4, Cap. 4i. 
 Coboiirg. 
 
 EXTENT or RirsAL. 
 
 An Act 10 nmhorlze Iheereetion, and provide for So much of the Drat Section ai 
 
 the maintenance of IIoiirfs of luduitry In the 
 ■evernl UUtrlctaof thli I'ruvlnee. 
 
 An Act to niter nnd amrnd nn Act panied In the 
 fourth yt.'nr of Ilia Miijeaty'ii RcIkii, Indlulcil, 
 " All Actio enliMul llie liiiiitt of the Town ot| 
 Vork, to erect the said Town inlu n City, nnd to 
 incor|)ornto il under the name of the City ofl 
 Toronto.** j 
 
 An Act to e8tr.l)liiih two ndditlonni Markeia in the ,_. . , 
 City of Toronto. The whole. 
 
 An Act to estnbllih n Police In the Town of 
 Ciihoiirg, nnd to defliio the liinita of the lald 
 Town. 
 
 vcaiR any powera granted 
 therehy In the Ornnd Juries 
 or the Mngl*trn(ci in Quarter 
 ScMiona, or liniiuiheeinen- 
 dlture, nnd the whole or the 
 Kcond ticction. 
 
 7 Willlnm 4, Cap. 4l,;An Act to Incorporate the Villncea of Hnllowell and 
 Picton. Picion, hy the nnnic of the Town ofPirton, and 
 
 ctilalilish a I'olicc therein. 
 
 I Vict. Cap. 17, 
 AHDPSHniviit, Mem- 
 bcrii' Indemnity. 
 
 I Vicl. Cap 21. 
 Township Oflicera. 
 
 1 Vicl. Cnp. 87, 
 KinijHton. 
 
 •2 Vict. Cnp. 36, 
 Kingston. 
 
 2 Vict. Cap. 37, 
 Kingston. 
 
 •i Vict. Cnp. 45, 
 Hamilton Market. 
 
 2 Vict. Cap. 46, 
 Niagara Market. 
 
 3 Vict. Cap. 31, 
 London. 
 
 3 Vict. Cap. 47 
 Toronto. 
 
 An Act to niter the mode of payment of wages to 
 Members of the House of Aasembly. 
 
 The whole. 
 
 The whole. 
 
 DATE AK 
 
 or I 
 
 40 l-t Vict. Cl 
 County I 
 ship Uil 
 
 47 H Vict. r,| 
 Kcnci's 
 CoursesJ 
 
 The whole. 
 
 The whole. 
 
 An Act to niter and amend sundry Acts regulating Sections one to thirty-one, in- 
 tlie nppoiiiimcnt and iluiics of Township Officers, elusive, and thirty-six to 
 
 flftv-nnn. iiii*liialwM 
 
 An Act to incorporate the Town of Kingston, under 
 the iiniiiR of ilie " 'I'lic Mnyor and Common 
 Council of the Town of Kingston." 
 
 flfty-onc, inclusive. 
 The whole. 
 
 An Act to render valid the Inte Elections for Alder- 
 men and Councilmen for ihc Town of Kingston. 
 
 An Act to nmend nn Act passed in the flrst year of 
 Her Mnjetity's Reign, intituled, "An Act to In 
 corpornle the Town of Kingston, under the name 
 of the Mnyor nnd Common Council of the Town 
 of Kingston." 
 
 An Act to establish a Second Mnrkct In the Town 
 of Hamilton, to enable the Corporation of the said 
 Town to effect a loan, and for other purposes 
 therein mentioned. 
 
 An Act to authorize the Trustees of the Market Re- 
 serve in thi' Town of Nia^urn, to raise a sum of 
 money for certain purposes therein mentioned. 
 
 Rectloni two, three and (bur. 
 
 The wljole. 
 
 An Act to define the limits of the Town of London, 
 in the District of London, and to establish a Board 
 of Police therein. 
 
 An Act to continue nn Act pnsE^ed in the seventh 
 year of the Reign of His late Majesty, King Wil 
 liam the Fourth, intituled, " An Act to alter nnd 
 amend an Act passed in the fourth year of His 
 Majesty's Reign, intituled, ' An Act to extend the 
 limits of ihe Town of York, to erect the said 
 town into a City, and to incorporate it under the 
 name of the Oity of Toronto.' >' 
 
 48 
 
 
 The whole. 
 
 The whole, except lo much of 
 the second Section as reserves 
 any privileges or advantages 
 to certain Lessees and Ton- 
 ants or their Assigns. 
 
 The whole. 
 
 The first Section. 
 
 SECOND DIVISION. 
 
 Acts of the Parliament of the Province of Canada. 
 
 43 
 
 DATE AND SUBJECT 
 or ACT. 
 
 4 & 5 Vict. Cap. 10, 
 Municipalities. 
 
 TITLE. 
 
 An .\ct to provide for the better internal Govern- 
 ment of that part of this Province which formerly 
 constituted the Province of Upper-Canada, by 
 the establishment of Local or Municipal Author- 
 ities therein. 
 
 EXTENT or REPEAL. 
 
 ij Vict. C.| 
 Kingstol 
 
 49 3 Vict. Cl 
 Nlagaral 
 
 SO 
 
 91 
 
 S2 
 
 53 
 
 54 
 
 55 
 
 56 
 
 3 Vict. C.- 
 St. Catli 
 
 9 Vicl. C( 
 Municip 
 
 9 Vict. Cl 
 County 
 Division 
 
 Vict. C( 
 Niagara 
 Bton. 
 
 9 Vict. Ca 
 Toronto. 
 
 g Vict. Co 
 Cohourg. 
 
 9 Vict. C(i 
 Cornwal 
 
 S7 
 
 68 
 
 50 
 
 60 
 
 61 
 
 63 
 
 64 
 
 65 
 
 The whole. 
 
 Vict. Cs 
 Hamilto 
 
 Vict. C( 
 Klngsto 
 
 10 A: 11 'S 
 Westeri: 
 vision. 
 
 10 & 11 \ 
 Lnck-U| 
 
 10 & 11 \ 
 
 Towns 1 
 
 10 & IM 
 
 Bytown 
 
 10 & 11 '< 
 Dundas 
 
 10 & II ' 
 Kings tc 
 
 10 & 1 ' 
 
 Pi esc 01 
 
 ♦Nome 
 
» " 
 
 MUNICIPAL ACTS REPEALED. 
 
 IIJ 
 
 DATC AND RIIKJECT 
 or ACT. 
 
 4« i VIcl. Cap. 7, 
 
 County nnd Town- 
 ■hip Ulvlfions. 
 
 TITLE. 
 
 CXTCNT OP RKPeAL. 
 
 47 
 
 48 
 
 49 
 50 
 51 
 52 
 
 63 
 
 54 
 55 
 
 56 
 
 57 
 
 58 
 SO 
 
 60 
 61 
 
 83 
 
 64 
 
 65 
 
 H Vict. Cnp. 50, 
 Kencei and Water 
 CourteR. 
 
 i Vict. Cap. 61, 
 Kinijitoii. 
 
 ? Vict. Cap. WJ, 
 Niagara. 
 
 ^ Vict. Cap. 63, 
 8l. Catherine*. 
 
 9 Vict. Cap. 40, 
 Municipal Couucili. 
 
 An Act for briler (Icniilnn the limliiortlieCounilei Thcwholp,e%cerl8'<'tlonione 
 
 nnd Diitricl* in Upper-Cannda, fur eicctiHg cur 
 tiiin npw 'I'otvnihipii, fur deinchinii Towimhipi 
 from iHjine ('oiiiitic» nnd ntlnchliiK tlipni to otliem, 
 nnd for oiIkt piirpoaoH ri>ln(ivc to iIic (llvixlon of 
 Uppcr-Canndi\ into 'I'uwnihipi, Cuuniit.'ii und 
 Uiitriet*. 
 
 two, live, Rfivcn, eiuhl, nini*, 
 ten, rlvvcn, ttiirircn nnd til- 
 tccii, toei-tlier with the tic\\e- 
 duloa A and D. , 
 
 An Act to repeal an Act therein mpniloncd, nnd to So much of the first Pectlon na 
 
 provide for the reuuliilion of I.Inu Fcncci nnd 
 Water Cotirten in Upper Canndn. I 
 
 An Act to reiieni h certain proviaion of the Act In- 
 coriiornllnKlhRTowii of Kingston, nnd lo nrovidK 
 for the Artiesainent nnd collection of the l)l*trict 
 Tnsiei in the laid Town, hy an AntexRor and Col- 
 lector to be appointed by the Uiblrlct Council. 
 
 An Act to Incorporate tlie Town of Niagara, nnd to 
 establish a Police therein. fhc whole. 
 
 .^n Actio incorporate the Town of Saint Cniherinci xhe whole. 
 
 An Act to amend the Lnwi relative lo Diatrict 
 Council! in Uppnr Canada. 
 
 veMiH the nppulitimi'iit of 
 F«'nc('-Viuwprs ill tlw lnhnhl> 
 iniil Kri't'holi'ern iiml Ili)ii!<t'- 
 hold'.'rs at their niinuul incut- 
 ings. 
 
 The whole. 
 
 The whole. 
 
 9 Vict. Cap. 40, jAn Act to amend the Act for deflnlng the limits of 
 
 County and j3iitrict| Counties and Districts in Upper Canada. ,x lie whole. 
 
 Divisions. 
 
 9 Vict. Cap. 51, 
 Niogaraaud Queen, 
 ston. 
 
 Vict, Cap. 70, 
 Toronto. 
 
 9 Vict. Cap. 71, 
 Cobourg. 
 
 9 Vict. Cnp. 75, 
 Cornwall. 
 
 9 Vict. Cap. 73. 
 Hamilton. 
 
 Vict. Cnp. 75, 
 Kingston. 
 
 10 & It Vict. Cap. 30, 
 VTesterii District Di 
 vision. 
 
 10 & 11 Vict. Cap. 41, 
 Lnck-up Houses. 
 
 10 & 11 Vict. Cnp. 42, 
 Towns and Villages. 
 
 10 k II Vict. Cap. 43. 
 Bytown. 
 
 10 tc 11 Viet. Cap. 45, 
 Dundas. 
 
 10 & 11 Viet. Cap. 46, 
 Kingston. 
 
 An Act to alter the mode of Assessment in the 
 TownsofNiagara ana Queenston. The whole. 
 
 An Act to amend the Act of Incorporation of the 
 City of Toronto. 
 
 An Act to niter and amend the Act of Incorporation 
 of tlie Town of Cobourg. , 
 
 An Act to amend the Act of Incorporation of thei 
 Town of Cornwall, and to establish a Town 
 Council therein, in lieu of n Board of Police. 
 
 An Act to alter and amend the Act incorporating 
 the Town of Hamilton, and to erect the same iiiio 
 a City. 
 
 An Act to incorporate the Town of Kingston as a 
 City. 
 
 An Act to divide the Western District of the Pro- 
 vince of Canada, and for other purposes therein 
 mentioned. 
 
 An Act to establish Lock-up Houses in the unincor- 
 porated Towns and Villages of Canada West. 
 
 An Act to confer limited Corporate Powers on the 
 Towns and Villages of Canada West, not sped 
 ally incorporated. 
 
 An Act to define the limita of the Town of Bytown 
 to establish a Town Council therein, and for 
 other purposes. 
 
 An Act to incorporate the Town of Dundas. 
 
 The whole. 
 
 The whole. 
 
 The whole. 
 
 The whole. 
 
 The whole. 
 
 Sections one and two. Sections 
 five to nine, inclusive, and 
 Suctions thirteen to twenty- 
 one, inclusive. 
 
 Sections one, two and four.* 
 
 An Act to amend the tenth Sect ion of the Act to 
 incorporate the Town of Kingston as a City. 
 
 10 & 1 Vict Cap. 47. An Act to provide for an Assessment of real and 
 Ptescott. personal property in the Town of Prescott, accord- 
 
 ing to the annual value on rental thereof, and for 
 other purposes. 
 
 The whole. 
 
 The whole. 
 The whole. 
 
 The whole. 
 The whole. 
 
 *No mention of See. 3 here, nur in the Saving Schedule, vide page 113. Sec. 3 is therefore in force. 
 
112 
 
 MUNICIPAL ACTS HAVED. 
 
 \P 
 
 no. 
 
 UATK ANI> ■lIKJKir 
 
 or ACT. 
 
 T I T I. E . 
 
 KITKNT or HKflAI.. 
 
 M to 4c II Viet. rnp. 49, An Aei lo repeal the Act of Iiieorpornllon of ihel 
 London. 1'own of London, and to ratnhllih n Town Coun- 
 
 cil therein, In lieu of a llonrri of I'olicc, and for' 
 other purpoies lliervHi mentioned. 'Tlio vvIioIl-. 
 
 67 10 t II Viet. Cap. 40, An Act to lncor|>ornte the Town ornrantfonl. The whole. 
 
 Ilrnntrurd. 
 
 SH III Viet. Cap. 19, 
 Dundni. 
 
 An Act In amend the Act to fncorporalc tlie Town 
 or Ditndan. The whole. 
 
 SCHEDULE B, 
 
 Containing a description of the Acts and parts of Acts saved from the operation of this Act. 
 
 FIRST DIVISION, 
 Acts qf the Parliament of the late Province of Upper Canada. 
 
 ^o. 
 
 :I7 CJi'o. 3, Cap. 
 Furrlvi. 
 
 IIA'I'K AKU VUBJKCT 
 OK ACT. 
 
 10, 
 
 TITLE. 
 
 An Act for the regulotlou of Ferriea. 
 
 30 (ico. 3, Cap. 1, 
 HigliNvnya. 
 
 I Willinni 4, Cap. 13, 
 Line Fvncci, &c. 
 
 An Act to provide for llio laying otit, nnjcndina and 
 keciiin)! In repair the public lTlgliwny§ and Koad8 
 ill t'lit Province, and to reiwarilic Lawi now in 
 
 ; force for that purpose. 
 
 An Act to regulate Line Fencva and Water CouncH, 
 and to repeal lo inuch of an Act pnaHud in the 
 the thirty-third year of the reign of H is late Mnjes- 
 ly King Coorae the Third, intituled, " An Act to 
 proviilc for the nomination and appointment of 
 I'arish and Town Otliccrg within this province," 
 as relates to the office of Fencc-Vicwem heing 
 diieharged by Overaceri of llighwayi and Roadi. 
 
 i William 4, Cap. 23, An Act to extend the limits of the Town of York, to 
 fi. .„ erect the said Town into n City, and to incorpo- 
 
 rate it under the name of the City of Toronto. 
 
 An Act to nuthorize the erection, and provide for 
 the maintenance of Houses of Industry in the sev- 
 eral Districts of this Province. 
 
 KXTKNT or SAVINO. 
 
 .So much as relates to the duties 
 of persons attending or liav- 
 ing charge of FerrlcH, the 
 licnalties to he incurred hy 
 tliem, and the inllictioa and 
 rtcovery thereof. 
 
 Sections twelve and thirty-five. 
 
 Toronto 
 
 7 William 4, Cap. 24, 
 Houses of Industry. 
 
 1 Vict. Cap. 21, 
 Township Ufliccra. 
 
 2 Vict. Cap. 30, 
 Kingston, 
 
 The second and all the snhsc- 
 quent Sections of the Act.* 
 
 The proviso to the ninety-sixth 
 section, and the whole of the 
 ninety-seventh section. 
 
 So much of the flrst Section as 
 relates to the powers and du- 
 ties of Inspectors, and also 
 Sections three, four, Ave and 
 six. 
 
 Vict 
 Niagara 
 
 Cap. 40, 
 Market. 
 
 J Vict. Cap. 47, 
 Toronto. 
 
 An Act to alter and amend Sundry Acts regulating Sections 
 the ap|x>intment and duties of Township Omcers. 
 
 An Act to render valid the late elections for Alder- 
 men and Councilnien for the Town of Kingston. 
 
 An Act to authorize the Trustees of the Market Re- 
 serve in the Town of Niagara to raise a sum of 
 money for certain purposes therein mentioned. 
 
 An Act to continue an Act passed in the sevcAh 
 year of the reign ofHis latcMajesty King William 
 the Fourth, intituled, "An Act to alter and 
 nmcnd an Act passed in the fourth year of Hip 
 Majesty's Reign, intituled, ' An Act to extend the 
 I imits of the Town of York, to erect the said Town 
 into a City, nud to incorporate it under the name 
 of the Cily «/ Toronto.' " 
 
 thirty-two, thirty- 
 three, thirty-four and thirty- 
 five. 
 
 Section one. 
 
 So much of the second Section 
 as reserves any privilei^es or 
 udvantiigcs to certain' Les- 
 sees ami Tenants, or their 
 assigns. 
 
 KO. 
 
 10 14 VlJ 
 
 DiJ 
 
 ftcl 
 
 11 
 
 12 
 
 13 
 
 w 
 
 Section second. 
 
 * £rror.— The Act 4, Wni. 4, Cap. 12, reiwaled by 8 Vic, Cap. 20, Sec. 10. 
 
t'ERftlES. 
 
 113 
 
 SECOND DIVISION. 
 
 Acts of Ihe Parliamrnl of the Proviwc of Canada. 
 
 MO. 
 
 10 
 
 UATC AND lUIJCCT 
 or ACT. 
 
 '1' I T L E , 
 
 11 
 
 18 
 
 13 
 
 3 Viet Cap. 7j 
 DivUion of Counties, 
 fte. 
 
 9 Vict. (;ap. iO, 
 Lino F«ncef. 
 
 to & tl Vict, Cap. 30, 
 VVeitiern Olsiricl. 
 
 ■XTINT or ravi.no. 
 
 i^eciioiit onr, two, t\vi', mjvuii, 
 oii{hi, iiiiic, ti.-ii, (ilrv(!ii, iiiii- 
 li'un nnillirii'vii, toumlivr tviili 
 (lie Hcliuluk'i \. H, 
 
 10 it 11 Viet. Cnp. 41, 
 Lock-up House*. 
 
 Ah Aet for better (let'inlng (he llinitHOI'tlie Couniirt 
 ami uivtrlcts III t'liptir-Ciiiindn, for ert'ctliiR enr- 
 tain new Tuwiialilpa, for detachiiiK Towiislilpit 
 from ioiiic Couiuien u>d utUichliitl tlioiii (o otlicm, 
 riiiil for otiier pur^xi l'D reliillvc to tliu dlvlalun 01 
 ITpper-Caiinila lutu Towniihl|)*, Counticit ami 
 UUtrlcu. I 
 
 .\n Act to repcul iin .\cl (tiorciii iiicntloiicil nnd to The whole, r\oc|ii »o niiicli cl 
 provide for the rcuulntinii uf Miio It'uiices and the llrst Hectluii iin vi'>t« the 
 Water Uoucies in Upyvr-Canodu. apiioiiitiiieiit of f'fiire-V lew- 
 
 cm ill (he Ihh.iliitaiit Kri'i<- 
 liolderoiiid lluiiwchuiderN, iit 
 their aiiiiuul iiieeliiii;ii. 
 
 An Act to divide the VVe«itern District of the I'ro- Sections three, four, leii, eleven 
 vince of t'aimdu, and for other purposes (herci.i and twelve. 
 meiKioiicd, 
 
 .\n Ac( to eittiililiiih I.ock-np Hoiicph in (he unin- Sections live nnd aix. 
 cor|)oru(ed Towns and Villages In (y'nnnda \Ves(. 
 
 FERRIES. 
 
 UPPER CANADA ACT, 37 GEO., Ill, CAP. 10. 
 
 Sec (ion aa 
 
 rs and du- 
 
 , nnd aUo 
 
 i'r,flvc and 
 
 thirty- 
 and thirty- 
 
 lid Section 
 
 |vilei,'e8 or 
 
 Itnin' I.es- 
 
 or their 
 
 ■ An Act for the Rcgxdation of Ferries. 
 
 [Passed 3rd July, 1797.] 
 
 (By the Muiticipnl Co^poratKjng Repent Act, I'i Vict. Cnp. Cii, so tnuch of this Act as vests 
 any powers in (he Magia(rnics in Uuar(er Beasions is reptaltd ; and so much of it ii> 
 continued in /urc< HH rela(es (o (he duties of persons atiending or having charge of 
 Ferries, the |)enalties (o be incurred by them, and the infliction and recovery thereof.] 
 
 yidi as to Ferries, Municipal Corporations Act, I'i Vic, Cap. 81, Sees. 34 and 83. 
 
 WHEREAS it is necessary for the convenience of His Majesty's 
 Subjects, that Ferries should be put under proper regulations 
 ■within this Province : Be it enacted by the King's most E.xcel]ent Ma- 
 jesty, by and with the advice and consent of the Legislative Council 
 and Assembly of the Province of Upper Canada, constituted and assem- 
 bled by virtue of and under the authority of an Act passed in the Par- 
 liament of Great Britain, intituled, " An Act to repeal certain parts of an 
 Act passed in the fourteenth year of His Majesty's reign, intituled, ' An 
 Act for making more effectual provision for the Government of the Pro- 
 vince of Quebec, in North America,' and to make farther provision for 
 the Government of the said Province," and by the authority of the 
 same, That from and after the passin-j of this Act, it shall and may be 
 lawful for His Majesty's Justices of the Peace, in and for the several 
 Districts of this Province, in their General Quarter Sessions assembled, 
 and ihey are hereby authori;£ed and empowered, from time to time, to 
 make and ordain such rules and regulations as to them, or to the greater 
 
 {lart of them, may appear necessary and proper to be observed and fol- 
 ovved at such Ferry or Ferries, by the person or persons attending the 
 .same, or having the charge thereof; and also to establish : :i(l assess 
 such rates and fees as the person or persons attending such Ferry or 
 Ferries shall and may demand and receive for the passage of persons, 
 cattle, carriages or wares thereat ; a list or table of which rules and 
 regulations, rates and fees, shall be set up in some conspicuous place at 
 every such Ferry or Ferries, for public inspection ; and any person 
 
 H 
 
 I'rcaniblo. 
 
 Qunrier goit^ ons 
 (o ord.'iin rults 
 and rejjulations -, 
 
 And to assess the 
 rates ; 
 
 Table of regula- 
 tions ami fees lo 
 l>e polled up ui 
 the ferry ; 
 
 '• 'I,;., 
 
 t 
 
H' 
 
 114 
 
 Pennlty for u 
 Kerry-man con- 
 victed of a 
 breach ; 
 
 Penalty how to 
 be recovered and 
 disposed of. 
 
 Whatsliall be 
 deemed a com- 
 mon and public 
 higlinray. 
 
 Soil and freehold 
 of roads iincler 
 the provisions of 
 tliis Act, vested 
 in His Majesty, 
 His Heirs and 
 Successors. 
 
 Preamble. 
 
 HIGHWAYS, HOUSES OF INDUSTRY. 
 
 attending, or haring charge of a Ferry, who shall be convicted before 
 any one Justice of the Peace, of demanding or receiving any higher or 
 greater rate or fee than such as shall be so established, asssessed and 
 allowed, or of any breach of any such rules and regulations so made 
 and ordained, as aforesaid, shall for every such offence forfeit and pay 
 the sum of twenty shillings, to be recovered before any one Justice of 
 the Peace, and levied by distress and sale of the offender's goods and 
 chattels; one half of which penalty shall be paid to the informer or 
 informers, and the other half to the Treasurer of the District wherein 
 the same may arise, to be applied to the public use of the District. 
 
 HIGHWAYS. 
 
 VPPER CANADA ACT, 60 GEO. III., CAP. 1. 
 
 An Act to provide for the laying out, amending and keeping in repair, the 
 Public Highways and Roads in this Province, and to repeal the Laws 
 now in force for that purvose. 
 
 [Passed 12th March, 1810.] 
 (Repealed, excepting the two following Sections) 
 XII. And be it further enacted by the authority aforesaid, That all 
 allowances for roads made by the King's Surveyors in any Tewn, 
 Township or place already laid out, or which shall be made in any Town, 
 Township or place within this Province ; and also all roads laid out by 
 virtue of any Act of the Parliament of this Province, or any roads 
 whereon the public money hath been expended for opening said roads 
 throughout this Province, or whereon the Statute Labour hath been 
 usually performed, or any roads passing through the Indian Lands, shall 
 be deemed common and public highways, unless any such roads have 
 been already altered according to law, or until such road or roads shall 
 be altered according to the provisions of this Act. 
 
 XXXV. And be it further enacted by the authority aforesaid, That when 
 any highway or road shall be altered, amended or laid out, under the 
 provisions of this Act, that the soil and freehold of such highway or road, 
 shall be thereby vested in His Majesty, His Heirs and Successors. 
 
 HOUSES OF INDUSTRY. 
 
 UPPER CANADA ACT, 7 JVM. IV., CAP. 34. 
 
 An Act to authorise the erection, and provide for the maintenance of Houses 
 of Industry in the several Districts of this Province. 
 
 [Passed 4th March, 1837.] 
 
 [3o much of the first section as vests any powers granted thereby in the Grand Juries, or the 
 Mngistrates in Quarter Sessions, or limits the expenditure, and the whole of the second 
 section are repealed.— Tit/e Municipal Cori>orations Act, 12 Vic, Cap. 81, Sec. 4i, 
 sixthly ! and alt.^ same act, Sec. W7, firstli/.] 
 
 WHEREAS it is expedient and necessary to provide a House of 
 Industry in the several Districts of this Province, and to provide 
 employment for the indigent and idle : Be it therefore enao<^d, &c.. That 
 
 the Co 
 Distric 
 mendi 
 trict to 
 for the 
 idle ar 
 eiect t 
 expeni 
 also t( 
 
Pled before 
 higher or 
 leased and 
 s so made 
 it and pay 
 Justice of 
 goods and 
 nformer or 
 !t wherein 
 itrict. 
 
 repair, the 
 •I the Laws 
 
 , 1810.] 
 
 , That all 
 ny Tewn, 
 inyTown, 
 id out by 
 any roads 
 said roads 
 lath been 
 nds, shall 
 lads have 
 >ads shall 
 
 "hat when 
 inder the 
 y or road, 
 ors. 
 
 Y. 
 
 ]f Houses 
 
 1837.] 
 
 riei, or the 
 the Kcond 
 II, Sec. 41, 
 
 louse of 
 provide 
 c, That 
 
 HOUSES OF INDUSTRY. 
 
 the Court of General Quarter Sessions of the Peace, to be holden in each 
 District, after the presentment of three successive Grand Juries recom- 
 mending the same, it shall be the duty of the Justices of the said Dis- 
 trict to procure plans and estimates for the erection of suitable buildings 
 for the reception and employment of the poor and indigent, and of the 
 idle and dissolute, and to procure or purchase a suitable site whereon to 
 erect the same, and to contract for the erection thereof: Provided, the 
 expense thereof shall not exceed the sum of one thousand pounds ; and 
 also to appoint five Inspectors, who shall have the inspection and 
 government of the said House, with full power to appoint a Master, 
 Mistress, and such needful f>3sislance for the immediate care and over- 
 sight of the persons received into or employed in that House ; which 
 Inspectors, once every month, and at such other times as occasion may 
 require, shall meet for the purpose of determining the best method of 
 discharging the duties of their office, and at such meetings shall have 
 full power to make such needful orders and regulations for the govern- 
 ment of the said House, and to alter the same from time to time as they 
 may think expedient, and all such by-laws for the ordering and regula- 
 ting the said House, and the affairs thereof, as may be necessary, the 
 same not being repugnant to the laws of the land. 
 
 II. [Repealed.'] 
 
 III. And be it further enacted by the authority aforesaid, That any two 
 of His Majesty's Justices of the Peace, or of the Inspectors appointed, as 
 aforesaid, are hereby authorised, empowered and directed, to commit to 
 such House, by writing under their hands and seals, to be employed and 
 governed according to the rules, regulations and orders, of said House, 
 any person or persons residing in the District tha^ are by this Act declared 
 liable to be sent thither. 
 
 IV. And be it further enacted by the authority aforesaid. That the per- 
 son who shall be liable to be sent into, employed and governed, in the said 
 House, to be erected in pursuance of this Act, are all poor and indigent 
 persons, who are incapable of supporting themselves : all persons able 
 of body to work and without any means of maintaining themselves, who 
 refuse or neglect so to do ; all persons living a lewd, dissolute, vagrant 
 life, or exercising no ordinary calling, or lawful business sufRcient to 
 gain or procure an honest living ; all such as spend their time and pro- 
 perty in public houses, to the neglect of their lawful calling. 
 
 V. And be it further enacted by the authority aforesaid. That all 
 Inspectors appointed in pursuance of this Act, shall keep an account of 
 the charges of erecting, keeping, upholding and mamtaining such 
 House, together with an account of all materials found and furnished, 
 together wilh the names of the persons received into such House, as well 
 as of those discharged therefrom, and also of the earnings ; one copy of 
 which shall be presented to the Justices of the Peace of each District 
 once in every year, or oftener when required by such Justices in 
 General Quarter Sessions assembled, and one copy to each Branch of 
 the Legislature. 
 
 VI. And be it further enacted by the authority aforesaid. That all and 
 every person committed to such House, if fit and able, shall be kept 
 diligently employed in labour during his or her continuance there ; and 
 in case the person so committed or continued shall be idle, and not per- 
 form such reasonable task or labour as shall be assigned, or shall be 
 stubborn, disobedient or disorderly, he, she or they, shall be punished 
 according to the rules and regulations made or to be made for ruling, 
 governing and punishing, persons there committed. 
 
 115 
 
 After the pre- 
 sentment of 
 three iuccessive 
 Grand Juries, 
 Justices in 
 Quarter Session! 
 to procure plans, 
 purchase site, 
 and erect a 
 House or In- 
 dustry ; 
 
 Not to cost more 
 than one thou- 
 sand pounds. 
 
 Justices of the 
 Peace may com- 
 mit persons to 
 tlie House of 
 Industry. 
 
 Who may be sent 
 into Houses of 
 Industry. 
 
 Inspectors to 
 keep accounts. 
 
 Perfonssent to 
 House of Indus- 
 try 10 be diligent- 
 ly employed in 
 labour. 
 
 i] 
 
 1 1 
 
 L 
 
 ill 
 
 i ■ ii' : 
 
 
 ;,Ji . 
 
 
 t" 
 
TOWNSHIP OFFICERS- 
 
 UPPER CANADA ACT, 1 VIC, CAP. 21. 
 
 ; 1!^' 
 
 round keepers to 
 provide iheni- 
 selvea with en- 
 closures, ami to 
 iinp:)un(l all aui- 
 m.'ils unlawfully 
 runnni); at InrKe. 
 aiiiiruriiishtliein 
 witli food and 
 drink ; 
 
 (See 43 Geo. 111. 
 Ck. lU, Stc 4.) 
 
 Ifanimaln not 
 claimed, and 
 lawful demands 
 not paid, they 
 may, after legal 
 notice, be sold ; 
 
 Overpliis arising 
 from sale (o be 
 relumed to 
 owner, if 
 claimed. 
 
 How to proceed 
 when horses, 
 oxen or cow*, 
 arc impounded, 
 ami owners arc 
 not known; 
 
 An Ad to alter and amend sundry Acts regulating the appointment and 
 duties of Township Officers. 
 
 [Passed 6th March, 1838.] 
 (Repesled, except thd fonowing Sections.) 
 
 XXXII. And be it further enacted by the authority aforesaid, Tliat it 
 shall be the duty of any Pound Keeper appointed under the provisions 
 of this Acty to provide himself with sufficient yards or enclosures for the 
 safe keeping of all such animals as it may be his duly to impound, and 
 he is hereby authorised and required to impound all animals unlawfully 
 running at large, trespassing and doing damage, that may be delivered 
 to him by any persons resident within his division taking up the same ; 
 and it shall be his duly to furnish the same with necessary food and 
 drink ; and if after the space of forty-eight hours the said animals shall 
 not be claimed and redeemed by the owner, or some one on his behalf, 
 paying the Pound Keeper his lawful demand and charges, and the 
 amount of damages awarded, in the manner hereinafter mentioned, to 
 have been done by such animals, to the person taking up the same, he 
 shall cause a notice in wihing to be atHxed in three public places in the 
 Township for at least fifteen days, which notice shall give a description 
 of such animals, and also state the time and place at which he intends 
 to expose the same for sale ; and if the owner of such animals, or some 
 one in his or her behalf, does not within the time specified in such 
 notice, as aforesaid, redeem the same, by paying to the said Pound 
 Keeper his legal fees, which shall be regulated from time to time by the 
 Town Wardens of each Township, who are hereby required to regulate 
 the same, and furnish the copy or schedule to the Township Clerk for 
 the information of the Pound Keepers, and charges, and the damages- 
 awarded to the person taking up such animals, the said Pound Keeper 
 filiall proceed to s^U the same to the highest bidder, at the time and 
 place mentioned in the said notice, whicli sale is hereby declared to be 
 valid in law ; and the said Pound Keeper shall, after deductinghis own 
 legal charges and the damages awarded to the person taking up the 
 said animals, provided he is the party injured, return the overplus (if any 
 there be) to the original owner : Provided always, that if no person shall 
 appear to claim the said animals within the space of three months after 
 public notice and sale, as aforesaid, the said Pound Keeper shall pay 
 the overplus (if any) into the hands of the Township Clerk for the time 
 being, to be laid out and expended for the improvement of the roads and 
 bridges within the said Township. 
 
 XXXIII. And be it further enacted by the authority aforesaid. That if 
 any ox or oxen, horse or horses, cow or cows, shall be impounded, as 
 aforesaid, and not claimed before the expiration of fifleen days, as afore- 
 said, and the owner thereof shall not be known by the said Pound Keeper, 
 then and in that case the Pound Keeper shall not sell such ox or oxen, 
 horse or horses, cow or cows, at the time stated in such notice, but shall 
 postpone the sale thereof for the space of forty days, at the expiration of 
 which time such Pound Keeper shall proceed to sell the same, und dis- 
 pose of the proeeeds in the manner mentioned in the last preceding 
 
 shall 
 
 holde 
 
TORONTO CITY. 
 
 clause of this Act : Provided always, that the owner of the same may at 
 any time before euch sale redeem such animal or animals by paying 
 demands, as aforesaid. 
 
 XXXVI. Provided also, and be it further enacted by the authority 
 aforesaid, That it shall be the duly of all and every person taking any 
 animal or animals to a Pound Keeper to be impounded, at the same 
 time, or within twenty- four hours, to slate in writing to the said Pouml 
 Keeper, all demands he may have against the owner of such animal or 
 animals, for damages done by them ; and in case the owner of such 
 animal or animals shall tender to the Pound Keeper the full sum which 
 shall or may be awarded as damages to the party suffering the same, 
 with the costs then incusred, such owner shall not be liable to any cpsta 
 afterwards incurred, but all such subsequent costs in such case shall be 
 borne by the party claiming extravagant damages. 
 
 XXXV. And be it further enacted by the authority aforesaid, That it 
 shall be the duty of the Pound Keeper, and he is hereby authorised and 
 required, when the owner of any animal impounded shal bject to the 
 amount of damages claimed, within forty-eight hours nfior i ae same have 
 been impounded, as aforesaid, to notify three disinteicsted resident free- 
 holders or householders, farmers in the said Township, to appraise tha 
 damages, and also to judge of the sufficiency of the fence enclosing the 
 ground wherein such animals were found doing darnage; and such free- 
 holders or householders, fprmers, or any two ot them, shall within 
 twenty-four hours after the receipt of such notice, view said fence, and 
 determine whether the same is a lawful fence according to the regula- 
 tions of the Township meeting on the subject, and if so appraise the 
 damage done ; and having reduced this their award to writing, shall 
 deliver the same, signed with their names, to the Pound Keeper, within 
 the spare of twenty-four hours after having been so notified : Provided al- 
 ways, that if any person shall neglect or refuse to attend to examine sajd 
 damage after being notified, as aforesaid, he shall be liable to a penalty 
 ^i five shillings for every such neglect or refusal, to be recovered and 
 applied in the same manner as fines imposed by this Act for refusing or 
 neglecting to perform Statute labour : Provided always, that the owner 
 of any animal or animals not permitted to run at large by the regulations 
 of such Township meeting, shall be liable for any damage done by such 
 animal or animals, notwithstanding that the fence enclosing the premises 
 was not of the height required by the said regulations. 
 
 117 
 
 ,1 
 
 Owners may 
 redeem. 
 
 rcrsoni taking 
 iipcniile to be 
 iiiipouuileil. must 
 stale their tle- 
 nmiiUti ill writ- 
 iiigi 
 
 Party claiming 
 extravagant 
 damages to pay 
 costs. 
 
 Three freehold- 
 ers may appraise 
 damage?, and 
 determine upon 
 the l.nwl'uliiets 
 of fi'iices ; 
 
 (Pee iWm.lV. 
 Chap.Vi, Sec. 5.) 
 
 Persong refusing 
 to appraise may 
 be fined; 
 
 Persons liahle 
 for dninnge, if 
 cattle unlawfully 
 allowed to run ai 
 large. 
 
 r^i: 
 
 iM 
 
 Ji 
 
 Mi\t 
 
 TORONTO CITY. 
 
 UPPER CANADA ACT, 4 WM. IV., CAP. 23. 
 
 m 
 
 An Act to extend the limits of the Toum of York ; to erect the said Tovm 
 
 into a City ; and to incorporate it under the name of the City of 
 
 Toronto. 
 
 [Passed 6th March, 1834.] 
 (Repeated, excepting the following.) 
 
 XCVI. Provided always, that no person shall have a right to vote for fo?t^e Co"um^°o? 
 
 a member to represent the County of York, or any Riding thereof, in an'yRidiTp.'in'ro- 
 
 respect to any property situate within the limits of the City of Toronto *p^''' '° P'°i«^"y 
 
 or the Liberties thereof. or'ub^'llt-.':'"^ 
 
 IMlifltii 
 
118 
 
 TORONTO crrr. 
 
 .'4 ' 
 
 The City ofTo- 
 ronto to be 
 unclerstood 
 wherever the 
 name of York 
 occurs in any Act 
 of Pnrliarneut, 
 deed, tie. 
 
 Governor mny 
 change the name 
 of any place 
 heretofore called 
 Toronto. 
 
 XC VII. And be it further enacted by the authority aforesaid, That when- 
 ever in any Act of Parliament, proclamation, letters patent, record, writ, 
 or other legal proceeding, deed, will, instrument, or writing of any kind 
 or description, the name of " York" is or shall be used, with intention to 
 apply it to the place commonly called the Town of York, in this Pro- 
 vmce, or to any part of the Township of York, included by this Act 
 within the said City or the Liberties thereof, the City of Toronto or the 
 Liberties thereof shall, according to the locality, be taken to have been 
 meant and intended, and the name Toronto shall, to all intents and for 
 all purposes, stand in the contemplation of law in the stead and place of 
 York, whenever the name of York is applied to any place within the said 
 City of Toronto or the Liberties thereof, and shall be so understood and 
 applied by all Courts, Judgeri and Justices, and by all persons concerned 
 in any public act or duty ; and that it shall be lawful for the Governor, 
 Lieutenant-Gfovernor, or Person Administering the Government of this 
 Province, to give to any Village, Town, Township or place in this Pro- 
 vince, now bearing the name of Toronto, such other name or names as 
 to him may seem fit ; and from the time of such name or names being 
 changed, by official notification in the Upper Canada Gazette, all and 
 every the provisions in this clause contained for carrying the change of 
 name into effect, with ffcspect to the City and Liberties of Toronto, shall 
 in like manner to apply to and be in force in respect to such other place or 
 places of which the name may be changed, according: to the nature of 
 the case< 
 
 AnAci 
 Ni 
 
 mi 
 
 [Rcpcala 
 advfl 
 
 v.-v.^^.-v.-v.'N.-N 
 
 VPPER CANADA ACT, 3 VIC. CAP. 47. 
 
 Executive Coun- 
 cillors to have 
 jurisdiction as 
 Justices of the 
 Pe.ice in the 
 City of Toronto. 
 
 An Act to continue an Act passed in the seventh year of the reign of His 
 late Majesty King William theFourthy intituled, " An Act to alter and 
 amend an Act passed in the fourth year of His Majesty^s reign, 
 intituled, * An Act to extend the Limits of the Town of Yorkf to erect 
 the said Toum into a City, and to Incorporate it under the name of the 
 City of Toronto.' " 
 
 [Passed 10th February, 1840.] 
 [I. Repcalcd.2 
 
 II. And be it further enacted by the authority aforesaid, That Her 
 Majesty's Executive Councillors in and for this Province, being Justices 
 of the Peace in and for the Home District, shall and may exercise juris- 
 distioa overofiences committed witliin the said City of Toronto as such 
 Justices, any thing in the said Act, intituled, " An Act to extend the 
 limits of the Town of York, to erect the said Town into a City, and to 
 incorporate it under the name of the City of Toronto," to the contrary 
 thereof notwithstanding. 
 
 [See 7, Wm. 4, Cap. 39 ; 4, Win. 4, Cap. 23.] 
 
NIAGARA MARKET. 
 
 UPPER CANADA ACT, 2 VIC, CAP. 46. 
 
 An Act to authorise the Trustees of the Market Reserve in the Town of 
 Niagara, to raise a sum of money for certain purposes therein 
 mentioned. , ^ . 
 
 fPassedlllhMay, 1S39.] 
 
 [Repealed, with the exception of ao much of the second section as reserves any iirivileges or 
 advantages to certain Lessees and Tenants, or their Assigns.] 
 
 II. And be it further enacted by the authority aforesaid, That it shall 
 and may be lawful for the said Robert Dickson, John Claus, and Lewis 
 Clement, and their successors in office of the trust, and they are hereby 
 authorised and empowered to mortgage or place in security the said lots 
 number sixty-five and sixty-six, to any person willing to lend the said 
 sum of fifteen hundred pounds^ on such terms as may be mutually 
 agreed upon, for the purpose of securing the re-payraent thereof with 
 interest, such interest not to exceed six per centum per annum ; saving 
 and excepting nevertheless, to &U and every lessee, tenant, or their 
 assignees, now entitled to the occupation or interest of or in any lot 
 heretofore leased, all those privileges and advantages vested in them, or 
 which they or their assignees may be entitled to under and by virtue of 
 any original lease heretofore at any time granted. 
 
 Market reserra- 
 tlon may lie 
 niortgnged to 
 secure tlie money 
 l)orrowed under 
 this Act. 
 
 MILITIA COMMUTATION MONEY. 
 
 
 ACT 4: If 5 VIC, CAP. 2, 
 
 An Act to Amend the Militia Laws of that part of this Province formerly 
 constituting the Province of Upper Canada. 
 
 "[Passed 17th August, 1841.] 
 
 [Revived by 12 Vic. Cap. 68.] 
 
 WHEREAS great inconvenience has been experienced in collecting 
 fines from Aliens ; And whereas apprehension exists among a 
 numerous and deserving class of Her Majesty^s Subjects in this Province, 
 having certain conscientious scruples, that they are subject to excessive 
 fines : Be it therefore enacted, &c.. That the fifty second and fifty third 
 sections of the Act of the Legislature of the late Province of Upper 
 Canada, passed in the second year of Her Majesty's Reign, chapter nine, 
 and intituled An Act to repeal, alter and amend the Militia Laws of this 
 Province, be and the same are hereby repealed. 
 
 II. And be it enacted, that the persons called Quakers, Mennonists,or 
 Tunkers, shall not be compelled to serve in the Militia within that por- 
 tion of this Province, which formerly constituted the Province of Upper 
 Canada ; but every person who shall profess to be one of the people 
 called Quakers, Mennonists, or Tunkers, and shall if required produce a 
 certificate thereof, signed by the Clerk, Pastor, Minister or Elder of the 
 Meeting or Society to which he shall belong, shall be OKCUsed and 
 
 Ffcamble. 
 
 Tlie sand and 
 53rd sections 
 of the Provincial 
 Act of ITpper 
 Canada, 2d Vic. 
 c. 9, repealed. 
 
 QuBlcers,1tfenon- 
 nisis and Tunis- 
 ers not to be 
 liable 10 serve in 
 the Militia in 
 that part of the 
 Province for- 
 merly calSed 
 Upper Canada. 
 
 \-i 
 
 
t 
 
 120 
 
 Hilt Bucli pcrjcns 
 kIi.iII pay i\ crr- 
 tniii aiiiiiinl nihii 
 or iiiuiiey in lieu 
 uCho Bcrving. 
 
 The sum to lie 
 BO paiil. 
 
 Assessors lo 
 niter the names 
 of nil such ixT- 
 soiiR on the As- 
 sessment rollu, 
 ntid the sum 
 pncli person Is 
 linlilu to vny. 
 
 Collection of 
 «uch sums. 
 
 Application of 
 Biirh sums. 
 
 Duty of Patlj 
 Masters apply- 
 ing such sums : 
 
 And in account- 
 ing; for the same. 
 
 Penalty on Path 
 Masters negloct- 
 jnc ^0 to ac- 
 count. 
 
 Pro'i.'cution 
 pel ding afiainst 
 Quakers, Meno- 
 iiists, or Tunk- 
 ers, tor pennllles 
 Imposed by the 
 Act first cited, to 
 be discontinued. 
 
 MILITIA COMMUTATION. 
 
 cvemptcJ from serving In the said Militia, in the saitl portion of this 
 Province : Provided nevertheless, that every such person, from the age 
 of sixteen to sixty, so claiming to bo excusod or exempted, shall on or 
 befoio the first day of February, in each and every year after the pass- 
 ing of this Act, give in his name and place of asidence to the Assessor 
 or Assessors of the Town, Township or Place where he shall reside, and 
 shall pay in each and every year in time of peace, the sum often shil- 
 lings, and in time of actual invasion or insurrection, or when any of the 
 Militia of the District in which such person shall reside shall be called 
 out on actual service, the sum of five pounds ; which commutation money 
 shall be in lieu and discharge of such Militia service, and shall be applied 
 as hereinafter provided. 
 
 III. And be it enacted, that it shall be the duty of the Assessor or 
 Assessors in each Township within the said portion of this Province, 
 and they are hereby required to annex a column to each and every 
 Assessment roll of each and every Town, Township or Place in his or 
 their respective District, and therein to insert the names of every such 
 Quaker, Mennonist or Tunkcr, and also affix the sum of money so to be 
 paid opposite thereunto, which sums of money it shall be the duty of 
 each and every Collector in each and every Town, Township or Place 
 within this Province, to collect, in the same manner as he is authorized 
 by Law to collect any ordinary Assessment ; and such Collector shall 
 pay the same into the Panels of the Town Clerk, to be expended vrithin 
 the Township where the same shall have been levied, in aid of any road 
 tax or Assessment raised or levied therein. And the Assessor or 
 Assessors shall transmit a list of the names of all such Quakers, Menon- 
 nists or Tunkers by him or them inserted in the Assessment roll, to the 
 Colonel of Militia for the division in which such persons shall respec- 
 tively re^ ide, within thirty days after such Assessment Roll shall have 
 been completed. 
 
 iV. And be it enacted, that it shall be lawful to and for the said Town 
 Clcrkof such Town, Township or Place, and he i? hereby required to 
 pay out the said monies from time to time, to the order of the Road or 
 Path Master of the division wherein such fine shall have been levied, 
 and to be expended on the public Roads, Highways and Bridges within 
 such division. 
 
 V. And be it enacted, that it shall be the duty of the Path Masters in 
 every Township or Place, and they are hereby required to apply such 
 sum or sums of money from time to time, to the improvement of the 
 Highways, Roads and Bridges, within such Township or Place, after 
 the manner and form, and upon such place or places, as they shall be 
 according to law directed, and to render an account thereof upon oath 
 or affirmation, as the case may be, to the Clerk of such Town, Township 
 or Place, whose duty it shall be to report tlie same to the Magistrates in 
 General Quarter Ses.-^ions assembled ; and if any such Path Master, or 
 Town Clerk, shall fail to render such account, or to pay over and distri- 
 bute such monies as may come into his hands as aforesaid, he shall for 
 such default be subject to a penalty of ten pounds currency, to be 
 recovered with costs by summary process before any one or more Justi- 
 ces of the peace, for the division or district in which such Town, Tow^n- 
 ship or Place may lie. 
 
 VI. And be it enacted, that all proceedings in any suit, action or 
 prosecution, which before the passing of this Act, may, under the pro- 
 visions of the Provincial Act herein first above cited, have been .com- 
 menced against any such Quaker, iVennonist or Tunker, as aforesaid, for 
 the recovery of any penalty imposed by the said Act, shall cease and be 
 discontinued from and after the passing of this Act. 
 
 LI 
 
 An Act] 
 
 [So tnucll 
 inhnl 
 Corn 
 
LINE FENCES AND WATER 
 COURSES. 
 
 ACT 8 VIC. t CAP. 20. 
 
 An Act to repeal an Act therein mentioned, and to provide for the regulation 
 of Line Fences and Water Cow'ses in Upper Canada, 
 
 [Passed 17lh March, 1845.] 
 
 [So much of the first section repealed na vcita the appoinimcnt of Fence Viewer* in the 
 inhnbiiniu rrecholdersatid householders, nt their nnnuni meetings.— f 'id* Municipal 
 Corporations Act, 12 Vic, Cap. 81, gee. 3l,fifllUy.] 
 
 WHEREAS it is expedient to repeal tha Act hereinafter mentioned, 
 and to make better provision for the regulation of Line Fences and 
 Water Courses in Upper Canada: Be it therefore enacted, &c., That it 
 shall and may be lawful for the inhabitant freeholders and householders 
 of each and every Township in that part of this Province formerly Upper 
 Canada, at their t.inual Township Meeting for the election of Township 
 Officers, to choose from among the inhabitants of the said Township, in 
 the same manner as by law other Township Officers are chosen, not 
 less than three nor more than twelve fit and proper persons to serve the 
 office of Fence Viewers, who shall perform the duties hereinafter pre- 
 scribed to Fence Viewers, which Fence Viewers are hereby declared 
 to be Township Officers within the meaning of the Act of Upper Canada 
 passed in the first year of Her Majesty's Reign, and intituled, An Act io 
 alter and amend sundry Acts regviating the appointment and duties of 
 Township Officers, and shall accordingly make the like declaration, and 
 shall be liable to all the penalties by the said Act imposed for neglect 
 or refusal to perform their duties, and shall be bound by all the provisions 
 thereof applicable to Township Officers generally. 
 
 II. And be it enacted, That each of the parties occupying adjoining 
 tracts of land, shall keep up, make and repair, a fair and just proportion 
 of the Division or Line Fence between their several tiacts of land, which 
 Line Fence shall be made on ttie line dividing such tracts of land, and 
 equally on either side thereof: and that where there shall be a dispute 
 between the parties as to the commencement or extent of the part of the 
 said Division or Line Fence which either party may claim or refuse to 
 make or repair, it shall and may be lawful for either party to submit 
 the same to the determination and award of three Fence Viewers, which 
 Fence Viewers are hereby authorized and required, upon being 'uly 
 notiBed by either party in such ease, to attend at the time and place 
 stated in such notice, and after being satisfied that the other party or 
 parties in the case have been duly notified to appear at the same time 
 and place, to proeeetl to examine the premises ; and such Fence Viewers 
 or. any two of them shall determine any and every dispute in the matter 
 aforesaid between the said parties : And the award and determination 
 of such Fence Viewers or any two of them on the matters aforesaid, 
 shall be binding on the parties as far as concerns the making or repairing 
 of such Division or Line Fence, and from thenceforth the occupier or 
 occupiers of the said tracts oi parcels of land shall respectively make 
 and repair and keep in repair that part of such Division or Line Fence 
 which shall have been assigned in such award or determination to the 
 occupier or occupiers of such tract or parcel of land, which determina- 
 tion and award shall be made in writing and signed by such Fence 
 Viewers or a majority of them and filed with the Town Clerk, and a 
 copy of the same if so required given to each of the said parties : PrO' 
 vided always, that when by reason of any material change of circum- 
 stances in respect to the improvement and occupation of adjacent lotsor 
 
 Preamble. 
 
 Ffince Viewers 
 10 be chosen at 
 Township Meet- 
 ings, and (o lie 
 Township Offl- 
 ceis within llie 
 meaning of 1 
 Vict. cap. 4. 
 
 Fence Viewers 
 shall lave pow- 
 er, on the appli- 
 cntion of parties 
 being neiyh- 
 boure, to assign 
 to eacli the share 
 of ihe Line 
 Fence he is 
 bound to keep 
 up. 
 
 Award how to 
 be made ai>d 
 enforced. 
 
 Proviso, in cer- 
 tain cases, a 
 new award may 
 be obtained. 
 
 VI ■ 
 
 I ^1 
 
 .i! ! 
 
 «^"'i w.ii.-. 
 
 
 

 122 
 
 Iffliher parly 
 refuse to riinke 
 his slinrc of n 
 Line Fence, the 
 oilier pnriy tnny 
 tiinkc italic! re- 
 cover the com. 
 
 Proviso : a 
 Fence Bhnll be 
 coniiilered suffi- 
 cient if it be 
 within the de- 
 scription decla- 
 red to be 60 by 
 renoluiion of the 
 Township meet- 
 ing. 
 
 If there be no re- 
 solution, Fence 
 Viewers to have 
 a discretion. 
 
 A Justice of the 
 Teace may en- 
 force payment 
 of the costs of 
 the Fence made 
 fcy a party for 
 ills neiffhbour 
 under tlie next 
 preceding sec- 
 tion, first procur- 
 ing a report of 
 Fence Viewers. 
 
 Duty of the 
 Pence Viewers 
 In making such 
 report. 
 
 LINE FENCES AND WATER COURSES. , 1 
 
 parcels of land, an award which has been made under this Act shall 
 cease, in the opinion of either of the parties, to be equitable between 
 them, it shall be in the power of either to obtain another award of Fence 
 Viewers by the same mode of proceeding as is hereinbefore directed : 
 and that if the Fence Viewers who shall have been called upon to make 
 such subsequent award shall find no reason for making an alteration, 
 the whole cost of such reference shall be borne by the party at whose 
 instance it shall have been made. 
 
 III. And be it enacted, That if any party who may be in the occupa- 
 tion of any tract oi parcel of land, shall neglect or refuse to make or 
 repair (as the case may be) an equal or just proportion of the Division or 
 Line Fence between such tract or parcel of land and the adjoining tract 
 or parcel of land, for a puriod of thirty days after being required by a 
 demand in writing, By the party occupying such adjoining tract or parcel 
 of land, or after the award of the Fence Viewers as aforesaid, to make 
 or repair such equal or just proportion of the Division or Line Fence, or 
 if the party making the demand shall for such period neglect or refuse 
 to make or repair an equal or just proportion of the Division or Line 
 Fence, it shall and may be lawful for either of the said parties, after 
 first completinw his own proportion of such Fence, to make or repair, 
 in a substantial manner and of good sound materials, the whole or any 
 part of the said Division or Line Fence, which ought to have been by 
 the other paity made or repaired, and to recover, in the manner herein- 
 after mentioned, of the party who may have neglected or refused in 
 manner aforesaid to make or repair such proportion of the Division or 
 Line Fence, the just and full value of such proportion not exceeding the 
 sum of two shillings and six pence per rod, to be ascertained ana de- 
 termined in the manner hereinafter provided : Provided always, that 
 any Fence coming whhin the meaning and intent of the resolution 
 adopted by the inhabitant householders and freeholders, at their last 
 annual Township Meeting, shall be considered by all Fence Viewers to 
 be a lawful Fence, and when no such resolution shall have been 
 adopted, then and in that case it shall ba lawful for such Fence Viewers, 
 when called upon, to exeicise their own judgment and decide what they 
 consider to be a lawful Fence. 
 
 IV. And be it enacted, That it shall and may be lawful for any Jus- 
 tice of the Peace, residing within the Township in which such Fence 
 may be situated, and if there be no such Justice residing in the said 
 Township, then any other Justice of the Peace residing in any adjacent 
 Township, and he is hereby required, upon the demand of any party 
 interested, to issue a Summons under his hand and seal directed to three 
 Fence Viewers (by their proper names) of the Township in which such 
 Fence is situated, requiring them to attend at the place and on the day 
 and hour therein mentioned, to view suck Fence and to appraise the 
 same ; and also to issue a Summons to the party so having neglected or 
 refused to make or repair such proportion of^the Division or Line Fence, 
 (who shall thenceforth be considered as the party defendant in the 
 case,) requiring him or them to appear at the same time and place, to 
 shew cause why the party claiming payment as aforesaid (who shall 
 thenceforth be considered as the party plaintiff in the case) should not 
 recover the same. 
 
 V. And be it enacted, That such Fence Viewers, upon being person- 
 ally served at least four days previously with such summons, and any 
 two of them being there then present, and after having duly examined 
 the Fence and received evidence, which, if required by either party, 
 and if the said Fence Viewers shall thiiik it expedient, shall be given 
 under oath, they or any two of them shall determine whether the said 
 
 party 
 fendai 
 
 ^ 
 
is Act shall 
 >le between 
 ird of Fence 
 'e directed : 
 •on to make 
 alteration, 
 y at whose 
 
 he occupa- 
 tt make or 
 Division or 
 ining tract 
 JirecTby a 
 5t or parcel 
 > to make 
 Fence, or 
 
 or refuse 
 n or Line 
 fies, after 
 or repair, 
 le or any 
 
 been by 
 3r herein- 
 efused in 
 ivision or 
 edin^ the 
 
 and de- 
 ays, that 
 esolution 
 their last 
 iewers to 
 ve been 
 Viewers, 
 'hat they 
 
 myJus- 
 1 Fence 
 he said 
 idjaeent 
 y party 
 
 to three 
 :h such 
 ihe day 
 tise the 
 scfed or 
 Fence, 
 
 in the 
 ace, to 
 shall 
 lid not 
 
 terson- 
 id any 
 mined 
 party, 
 given 
 e said 
 
 LINE FENCES AND WATER COURSES. 
 
 123 
 
 Copy mny be 
 required by either 
 puny. 
 
 Witnesses may 
 be HUinittoncd. 
 
 party plaintiff is entitled to recover any or what sum from the party de- 
 femfant under the provisions of this Act ; and in ail cases where the 
 commencement or extent of the part of such Division or Lino Fence '''° "''"*' ''?','\', 
 which each should make or repair has not been determined by the award exte'nd?' 
 of Fence Viewers as aforesaid, tlie said Fence Viewers or any two of 
 them shall determine the same, (which determination b^^^I be final and 
 binding on the occupiers of the said tracts or parcel" iw.nd, and have 
 the same effect as if it had been made by the Fence Viewers in the 
 manner first before mentioned^ and shall report their determination 
 upon the matters aforesaid in writing under their hands to the Justice by 
 whom the Summons shall have been issued, and shall also, in all cases 
 where they determine that the plaintiff or plaintiffs is or are entitled to 
 recover any thing from the defendant or defendants, state what distance 
 of Fence they have determined that the defendant or defendants should 
 have made or repaired ; and the said Fence Viewers, if they shall be 
 required by either parly, before they shall have made a report as afore- 
 said to the said Justice, shall give to such party requiring the same a 
 true copy of their said determmation. 
 
 VL And be it enacted. That if either of the said parties shall desire 
 to procure the attendance of any person or persons to give evidence 
 before such Fence Viewers, it shall and may be lawful for the said 
 Justice to issue, upon the application of either of the said parties, a 
 Summons to any person or persons to attend as a witness or witnef>ses 
 before the said Fence Viewers at the time and place mentioned in the 
 said Summons to the Fence Viewers ; and that the said Fence Viewers, 
 when met as aforesaid at the time and place mentioned in 
 the Summons, shall be and are hereby authorized, whenever it 
 shall be desired by either party or they shall think it proper, 
 to administer an oath to any witness, which oath shall be in the 
 following form : "You do solemnly swear that you will true answer 
 make to such questions as may be asked of you by either of the Fence 
 Viewers now present, touching the matters which they are now to 
 examine and determine : So help you God." And if any person giving 
 evidence as aforesaid under oath shall be guilty of false swearing, he shall yaigg swoaring 
 be guilty of wilful and corrupt perjury, and upon conviction thereof shall to be perjury. 
 be liable to the same punishment and disabilities to which persons 
 convicted of that offence in other cases are now by law liable. 
 
 VIL And be it enaeted, That the saixl Justice to whom the determi- 
 nation of the Fence Viewers shall be returned as aforesaid, shall trans- 
 mit the same to the Clerk of the Division Court having jurisdiction over 
 the said Township, and certify" and transmit a copy thereof to the Town- 
 ship Clerk, to be entered in the book in which the Township proceedings 
 are recorded, and thereupon the said Clerk of the said Division Court 
 shall issue an execution against the goods and chattels of the said 
 defendant or defendants, in the same manner as if the party in whose 
 favour the said determination shall have been made, had recovered 
 juds^ment in the said Court for the sum which the said Fence Viewers 
 shall have determined as aforesaid he was entitled to receive, with such 
 costs as are hereinafter provided and to be allowed : Provided also, that 
 no such Writ of Execution shall be issued until after the expiration of 
 forty days from the time of such determination. 
 
 VIIL And be it enacted. That when any party shall cease to occupy 
 or improve his land, or shall lay the enclosure before under improve- 
 ment, in common, the said party or parties shall not have aright to take 
 away any part of the Division or Line Fence adjoining to the next 
 enclosure that is improved or occupied, provided the party occupying 
 the lands adjoining ttie same will allow and pay therefor so much as the 
 
 And Hworn. 
 
 Theoatli. 
 
 The Report shall 
 be transmitted 
 by the Justice to 
 the Cleric of the 
 DiviHioii Court. 
 
 Execution to 
 isaue thereon. 
 
 Costs. 
 
 Proviso, delay 
 before execution. 
 
 Provision as to 
 Fences adjoin- 
 ing lands which, 
 after being im- 
 proved, are left 
 in common, and 
 when the lands 
 after being 
 
 f 
 
 r "lU 
 
 ii 
 
 H'r i 
 
 m 
 
 *!■ ill 
 
 V' i 
 
 i-; 
 
124 
 
 unlroproveil be- 
 coiiie iiii|irovt'(l. 
 
 In whnt enfe 
 only niiy |mr(y 
 may remove liii 
 portion of a 
 Line Fence. 
 
 Provlaian nii (o 
 Water Fencei. 
 
 Duty of Fence 
 Vieweri as to 
 lands hounded 
 by brooks, tee. 
 
 Penalty for not 
 obeying their 
 award. 
 
 Powers and du- 
 ties of Fence 
 Viewers witli 
 recnrd to Ditches 
 or Watercourses 
 in which two or 
 more parties 
 shnll be inte- 
 tested. 
 
 LINE FENCES AND WATER COURSES. 
 
 Fence Viewers or a majority of Ihem shall in wrilinc; determine to be 
 the reasonable value thereof; and whenever any lands which have laid 
 unimproved and in common shall be afterwards enclosed or improved, 
 the occupier or occupiers thereof shall pay for their fair or just propor- 
 tion of ' d Division or l^ine Fence standing upon the divisional line be- 
 tween the same land and the land of the enclosure of any other occupant 
 or proprietor, the value thereof to be ascertained and set forth in writing 
 by three Fence Viewers, in case the parties shall not a^ree among 
 themselves, and the amount of such valye may be recovered according 
 to the proportions so estimated, in the same manner and form as herein- 
 before provided respecting the making and keeping in repair Division 
 or Line Fences. 
 
 IX.' And be it enacted, That in no case shall any person be author- 
 ized to take away any part of the Division or Line Fence which to the 
 said party may belong, adjoiningtothe next enclosure which is improved 
 or occupied, unless the party or parlies occupying the lands adjoining 
 the same, refuse, after demand made in writhig by the person or persons 
 purposing to remove part of any Line Fence, to pay for the same as 
 aforesaid ; nor without Arst giving due notice to such party for at least 
 twelve months previously to the removal of the same. 
 
 X. And be it enacted, That when a Water Fence or a Fence running 
 into the water is necessary to be made, the same shall be made in 
 equal parts, unless by the parties otherwise agreed; and in case 
 either party shall refuse or neglect to make or maintain the share to 
 such party belonging, similar proceedings shall or may be had, as 
 in other cases of the like kind respecting other Fences in this Act 
 mentioned. 
 
 XI. And be it enacted, That when lands belonging to or occupied by 
 different persons, are subject to be fenced and bounded upon or divided 
 from each other by any brook, pond, or creek, which of itself Ls not a 
 sufHcient fence, in such case, if the parties disagreej the same may be 
 submitted to three Fence Viewers, as heretofore provided ; and if in the 
 opinion of such Fence Viewers, such brook, river, pond, or creek, is not 
 ofitself a sufTicient barrier, and that it is impracticable to fence at the 
 true boundary line, they shall judge and determine how or on which side 
 thereof the Fence shall be set up and maintained, or whether partly on 
 one side and partly on the other, as to them shall apjpear just, and reduce 
 their determination to writing as heretofore providecl in other cases ; and 
 if either of the parties shall refuse or neglect to keep up or maintain the 
 part of the Fence to such party belonging, according to the Fence 
 Viewers' detertnination in writing as aforesaid, the same may be done 
 and performed as is in this Act before provided in other cases, and the 
 delinquent party shall be subject to the same costs and charges, and to 
 be recovered in like manner. 
 
 XII. And whereas it is expedient to provide for the opening of Water 
 Courses in Upper Canada : Be it therefore enacted. That in all cases 
 when it shall be the joint interest of parties resident to open a Pitch or 
 Water Course for the purpose of letting off surplus water from swamps 
 or sunken miry lands in Upper Canada, in order to enable the owners or 
 occupiers of such swampy or sunken lands to cultivate or improve the 
 same, it shall be the duty of such several parties to open a just and fair 
 proportion of such Ditch or Water Course according to the several inter- 
 ests that such parties may have in the same ; and in cases where a 
 dispute shall or may arise as to the part, width, depth, or extent that 
 any party so interested ought to open or make, the same may be referred 
 to three Fence Viewers, in the same way and manner as is heretofore 
 by this Act provided in caises of disputes between parties relative to Line 
 
 orDii 
 whor 
 or ^\ 
 
Jrmine to be 
 ich have laid 
 >!• improved, 
 just propor- 
 )nal line be- 
 her occupant 
 Ih in writing 
 «ree among 
 id according 
 n aa herein- 
 •air Division 
 
 » be aulhor- 
 I'hich to the 
 is improved 
 Is adjoining 
 II or persons 
 he same as 
 for at least 
 
 ice running 
 )e made in 
 id in case 
 ie share to 
 be had, as 
 in this Act 
 
 scupied by 
 
 or divided 
 
 'If is not a 
 
 le may be 
 
 id if in the 
 
 eek, is not 
 
 ice at the 
 
 vhich side 
 
 partly on 
 
 nd reduce 
 
 ases ; and 
 
 intain the 
 
 le Fence 
 
 be done 
 
 and the 
 
 , and to 
 
 of Water 
 all cases 
 Pitch or 
 swamps 
 wners or 
 )rove the 
 and fair 
 ■al inter- 
 where a 
 ent that 
 referred 
 ?relofore 
 J to Line 
 
 LINE FENCES AND WATER COURSES. 
 
 or Division Fences; and it shall bu the duty of such Fence Viewers to 
 whom such matters shall be referred, to divide or apportion such Ditch 
 or Water Course amonfj the several parlies, in such way as in the 
 opinion of such Fence Viewers shall bo a just and cquitablo proportion 
 having due regard to the interest each of the parties sfiull have 
 in the opening of such Ditch or Water Course ; and the Fence 
 Viewers at the same time decide what length of time shall bo 
 allowed to each of the said parties to open his share of such Ditch or 
 Water Course; and the determination or award of such Fence Viewers 
 shall be made in the same manner, and have the same effect in regard 
 to Ditches or Water Courses as is provided by this Act in regard to 
 Division or Line Fences. 
 
 XIIL And be it enacted, That when it shall appear to such Fence 
 Viewers that the owner or occupier of any tract or parcel of land is not 
 sufficiently interested in the opening of such Ditch or Water Course to 
 make him a party, and at the .«ame time that it is necessary that such 
 Ditch should be continued across his land by the other party or parties at 
 his or their own expense, they may award the same in manner and form 
 aforesaid ; and upon such award, such party or parties may lawfully 
 open such Ditch or Water Course across snch land as aforesaid at his or 
 their own expense, without being deemed to have committed a trespass 
 by so doing. 
 
 XIV. And be it enacted, That if any party 'shall neglect or refuse 
 upon demand made in writing as aforesaid, to open or make and keep 
 open his share or proportion allotted or awarded to him by sucli Fence 
 Viewers as aforesaid, within the time allowed by such Fence Viewers, 
 either of the other parties may, after first completing his own share or pro- 
 portion allotted to nim in manner aforesaid, open the share or proportion 
 allotted to such party neglecting or refusing to open the same, and such 
 party so opening such other ^ .irty's share shall be entitled to recover not 
 more than the sum of two shillings per rod from the parly so 
 neglecting or refusing to open' his share or proportion, in the same 
 manner as is in this Act provided relative to Line and Division 
 Fences. 
 
 XV. And bo it enacted, That any party who may be in possession of 
 any part of an allowance for road laid out as such in the rear of his lot, 
 in the original survey of any Township in Upper Canada, the same being 
 enclosed by a lawful Fence, and which road, from particular circum- 
 stances, may not be travelled or required to be used by the public for 
 the time being, by repson of any other road or roads, being used in lieu 
 thereof, or because the same has not been open for public travel, shall 
 be deemed and taken to be legally possessed of that part of such road as 
 against any other private party : Provided always, that in any such case 
 the said possession shall cease and determine, upon an order from any 
 two Justices of the Peace for the District in which such allowance for 
 road may be situate, being made and directed to the proper Township 
 Officer requiring him to open the same. 
 
 XVL And be it enacted, That the following fees, and no more, shall 
 be received by the different parties acting under the provisions of this 
 Act, that is to say : 
 
 To the Justice of the Peace : ■.- ■ 
 
 For Summons to Fence Viewers, one shilling and three pence. 
 
 For Subpoena, which may contain three names, one shilling and three 
 pence. 
 
 For transmitting copy of Fence Viewers' determination to Division 
 Court and to Township Clerk, one shilling and three pence. 
 
 126 
 
 
 .Vi 
 
 u 
 
 Provltioi) ni to (t 
 Wnlcr CoiKBC 
 croHHiiiK the 
 Innd uflii party 
 nofollier\vl»e 
 Intereited. 
 
 
 f, 
 
 Provision in 
 cnife any parly 
 ■hall refute lu 
 make hiii share 
 of a Water 
 Course. 
 
 I I 
 
 A party may 
 take lawful |ioi- 
 b^exsion of the 
 allowance for 
 road in rear of 
 liis lot, in cer- 
 tain cases and 
 on curtain cou* 
 diiions. 
 
 Proviso. 
 
 Fees for services 
 under this Act. 
 
 t, ■11 <.'! 
 
 r-imrni 
 

 Keci netunlly 
 pnld to be In- 
 rliided in tho 
 rxeeutlon. 
 
 
 120 LINE FEKCKS AND WATER COURSES. 
 
 To the Fence Vicwtrs : 
 
 Fivo flhillinps per ilny >iach ; if less than half a day employed, two 
 shillings and six pence. 
 
 To the Bailiff or Constable employed : 
 
 For Hprving Summons or Subprrna, one ihillingf. ' 
 
 Milenee — per mile, four pence. 
 
 To Witnesses — per day each, two shillings and six pence. 
 
 XVII. And be it enacted, That tho fees hereinbefore allowed shall 
 be included in the execution to be issued by the Clerk of the Division 
 Court as aforesaid, upon the party in vhose favour the determination 
 of the Fence Viewers shall be made, makin|; an aiPidaTit that the same 
 have been duly paid and disbursed to tho said parties respectively, (and 
 which affi 'avit the said Clerk is hereby empowered to administer), 
 and when recovered shall be paid over by the said Clerk to the said 
 party entitled to recover the same. 
 
 XVIir. And be it enacted, That the words "Upper Canada" wherever 
 they occur in this Act shall mean all that part ot this Province which 
 formerly constituted the Province of Upper Canada; that the word 
 " party" in this Act shall include any person or persons, body or bodies 
 politic or corporate ; and that all words importing the singular number 
 or the masculine gender only, shall include several persons, matters or 
 things of the same kind as well as one person, matter or thin^, and 
 females as well as males, unless there be something in the subject or 
 context inconsistent with such interpretation. 
 
 ft; c XIX. And be it enacted, That the Act of the Legislature of Upper 
 
 4 vvHiinm I'v. Canada, passed in the fourth year of the Reign of His late Majesty Kmg 
 
 c. 13, repealed. William the Fourth,' a; '. intituled, An Act to regulate Line Ftnces ana 
 
 Water Courses, and to repeal so much of an Act passed in the thirty-third 
 
 year qf His late Majesty King George the Third, intituled, " An Act to 
 
 provide for the nomination and appointment of Parish and Town Officers tdlhin 
 
 this Province," as relates to the office of Fence Viewers being discharged 
 
 by Overseers of Highways and Roads, shall bo and the said Act is 
 
 hereby repealed upon, from and after the first day of April next: Pro- 
 
 rrovito. vided always, that the repeal of the said Act shall not be construed to 
 
 revive any Act or part of an Act thereby repealed. 
 
 fiilerpretailon 
 
 claute. 
 
 Local 01 
 District 
 be lawl 
 By-La\ 
 time at 
 and for 
 owners 
 thereor 
 the ow| 
 vided 
 owners 
 any om 
 theless 
 to any 
 that ev 
 farm ui 
 
 shall I 
 of the 
 
 TAX ON DOGS. 
 
 ACT 8 VIC, CAP. 67. 
 
 Preamble. 
 
 4 and 5 Vict, 
 cap. 10. 
 
 An Act to empower the District Councils of Municipal Districts, and 
 Boards of Police of Incorporated Tokens in Upper Canada, to impose 
 a Tax on Dogs, within their respective Districts and Totms. 
 
 [Passed 29lh March, 1845.] 
 
 WHEREAS it is expedient to empower the District Councils and 
 Boards of Police in Upper Canada to impose a Tax on Dogs, and 
 to make By-laws respecting the keeping of Dogs, and for preventing 
 their running at large : Be it therefore enacted, &c., Thaf in addition to 
 the purposes for which, by the thirty-ninth section of the Act passed in 
 the fourlh and fifth years of Her Majesty's Reign, and intituled. An Act 
 to promdefor the better internal government of that part of this Province whifh 
 formerly constituted the Province of Upper Canada, by the establishmerit df 
 
TAX ON DOGS. 
 
 127 
 
 loyed, two 
 
 wed shall 
 I Division 
 rmination 
 the same 
 i^ely, (and 
 minister), 
 the said 
 
 wherever 
 ce which 
 the word 
 or bodies 
 • number 
 latters or 
 lin^, and 
 ubject or 
 
 of Upper 
 'Sty King 
 'fnce$ and 
 rty-third 
 n Ad to 
 rswilhin 
 acharged 
 Act is 
 Kt: Pro- 
 trued to 
 
 :/s, and 
 impose 
 
 345.J 
 
 ils and 
 ;s, and 
 [enting 
 ition to 
 sed in 
 An Act 
 e which 
 terlt of 
 
 niilrlfirounrili 
 In V. ('. Pinpow- 
 rrC4l toninkp Jly- 
 Inwi ri:«)H-clliii| 
 ilogR rurininR nt 
 Inrge,— (0 mi ihfl 
 owneroi <cc. 
 
 8ur.li Dy-lnnri 
 ■ubjecio prort- 
 •ionii of 4 It 6 
 Viet. cap. 10. 
 
 Local or Municipal aulhoritin th(r«vx, the I)ii<trict Councils of the several 
 Districts in Upper Canada are ompowered to make By-Laws, it shall 
 be lawful for each of the said District Councils, respectively, to make 
 By-Laws for the followint; purpose, that is to say, — For rogulaling the 
 lime at whioh Dogs shall bu permitted to run at large within the District, 
 and for imposing a Tax upon the owners of L>ogs, and for obliging the 
 owners to keep collars on their Dogs, with the name of such owner 
 thereon, and for the destruction of Dogs nut claimed by any person as 
 the owner, and running at large contrary to any such By-Laws : Pro- 
 vided alwe^'B, that no Tax to be imposed by any District Council on the 
 owners of Dogs shall, in any case, exceed tho sum of fivn shillings in 
 any one year, for each Dog over six months old : Provided also, never- 
 theless, that such By-Laws shall not extend or be construed to extend 
 to any incorporated City or Town in Upper Canada: And provided also, Excepiioin. 
 that every Farmer in any District shall be entitled to keep one Dog for 
 farm use, without paying any Tax for such Dog under this Act. 
 
 IL And be it enacted. That except so far as it is otherwise provided 
 b^ this Act, such By-Laws shall be in all respects subject to the provi- 
 sions of the Act first above cited, with regard to the By-Laws which any 
 District Council is thereby empowered to make. 
 
 IIL And be it enacted, That the monies coming into the hands of any 
 District Treasurer, and arising from any Tax or penalty imposed by any 
 such By-Law as aforesaid, shall form part of the District Funds, ai.d 
 shall be subject to tho same provisions as any other monies forming part 
 of the said funds. 
 
 IV. And be it enacted. That it shall and maybe lawful for any Board 
 of Police within any Town by law entitled to the same, to make such 
 By-Laws, Ordinances and Regulations, for the like purposes, within the 
 said Towns, as they shal. see fit : Provided always, that it shall not be 
 lawful for any such District Council or Board of Police to order the 
 :lestruction of*^ any Dogs running at large within the limits of the said 
 Town, unless a Proclamation, signed by tho Warden and Chairman of 
 such District Council, or by the President of such Board of Police, shall 
 have been published at least two days before such order. 
 
 V. And be it enacted, That all sum or suras of money levied within 
 any such incorporated Town, under the provisions of this Act, shall be 
 applied for the general purposes of the said Town, in such manner as 
 shall be directed, from time to time, by the Board of Police within the 
 same. 
 
 VL And be it enacted, That for all the purposes of this Act, it shall what siinii be 
 be deemed and held sufficient proof of the ownership in any Dog upon ''cemed proof of 
 which a Tax may be levied, if the said Dog is known to the Assessor of o^*'"''"'''P <''' « 
 
 Monlei neeniing 
 itierefrop> lo be- 
 come Ditinct 
 
 fUlKj*. 
 
 BonrdHof Police 
 mny innl<o ordl- 
 nHiieeii for like 
 purpoecs ; and 
 destroy dogs 
 aftor Proclama- 
 tion. 
 
 Monies levied 
 in towns under 
 this Acito be 
 applied to gene- 
 ral purposes of 
 town. 
 
 any Township or Incorporated Town aforesaid, to frec[uent any dwelling 
 or lodging house as a home, and the owner or occupierof such dwelling 
 or lodging house shall be held liable for the payment of the Tax on any 
 such Dog, and in any action or suit for alleged injury or damage com- 
 mitted by such Dog, the return of the Assessor designating such owner- 
 ship, shall be deemed and held to be prima facie evidence of such 
 ownership, and further, that any person being generally or frequently 
 attended or followed by any Dog, shall be deemed and considered, for 
 all the purposes of this Act, aB prima facie owner thereof, and liable as 
 such owner for the payment of such Tax, or for all injuries or damages 
 committed by such Dog. 
 
 VIL And be it enacted, That this Act may be repealed, altered or 
 amended, by any Act of the Parliament of this Province to be passed 
 during the present Session. 
 
 dog. 
 
 Act mny be 
 altered. 
 
Preamble. 
 
 No Government 
 allowance for 
 rondg to Le 
 opened unless by 
 nn order of the 
 District Cuuuci). 
 
 Trcviso. 
 
 ALLOWANCES FOR ROADS. 
 
 ACT 9 VIC, CAP. 8. 
 
 »./VS/N^S/\/V\/v%/V\i 
 
 An Act to prevent the opening of Government Allowances for Roads 
 without an order from the District Council of the District in which the 
 said Allowances are situate, . >• '• i< i i •• ; ;. .'. mi:.: 
 
 V, '': :. : ■ [Passed 18th May, 1846. J 
 
 WHEREAS in consequence of roads established by Law,, parallel 
 or near toGovernmenl allowances for roads and in lieu thereof, 
 the said allowances for roads have foi years remained closed and in the 
 possession of private persons ; And whereas great inconveniences may 
 arise in consequence of the said allowances being thrown open without 
 due notice thereof being given : Be it therefore enacted, &c. That from 
 and after the passing of this Act no allowance for road shall be 
 opened unless an Order ordering the name to be opened shall be first 
 made by the District Council of the District in which the allowance is 
 sitttated: Provided always, that no such Order shall be ihade unless a 
 notice in writing that an application for that purpose will be made shall 
 have been given to the paity in possession of such allowance for road, 
 at least eight days previous to the meeting of the District Council at 
 which sueh application is intended to be made. 
 
 and ai 
 tioned 
 
 X. 
 
 cillors 
 afoiess 
 to auth 
 raise b 
 as maj 
 ments 
 sum nc 
 the ex 
 
 The District 
 Councillors Tor 
 the said County 
 of Kent to pro- 
 cure plans for 
 a Court House 
 and Gaol. 
 
 Where the said 
 Gaol and Court 
 House shall be 
 erected. 
 
 WESTERN DISTRICT. 
 
 ACT 10 & 11 VIC, CAP. 39. 
 
 An Act to divide the Western District of the Province of Canada, and for 
 other purposes therein mentioned. 
 
 [Passed 9th July, 1847.] 
 [Repealed wrtli the exception of the following Sections.] 
 
 ni. And be it enacted. That the District Councillors for the Town- 
 ships in the said County of Kent, shall and they are hereby authorized, 
 at a Public meeting to be by them holden for that purpose, at some con- 
 venient place, within the f^.id Town of Chatham, so soon after the 
 passing of this Act as may be convenient, (a notice signed by a majority 
 of the said Councillors calling such meeting and fixing upon the time 
 and place thereof having been served at least ten days before that fixed 
 for the meeting, on each of the Councillors enthled to attend the 
 same,) to procure by such means as to the said Councillors, or the major 
 part of them present at such meeting, or at any adjourned meeting of the 
 said Councillors, shall seem fitting and proper, plans and elevations of 
 a Gaol and Court House, to be laid before them for the purpose of there- 
 after selecting and determining upon one by the Councillors then and 
 there assembled as aforesaid. 
 
 IV. Provided always, and be it enacted. That such Gaol and Court 
 House for the said District of Kent shall be erected on the ground 
 reserved as a site for a Gaol and Court House in the said Town of 
 Chatham, which ground and the said Court House and Gaol shall be 
 from and after the Proclamation aforesaid, vested in the District 
 Council of the said District of Kent, until which time the same shall be 
 
LOCK-UP HOUSES. 
 
 129 
 
 ADS. 
 
 for Roads 
 in which the 
 
 Y, 1846.J 
 
 >v^ parallel 
 ieu thereof, 
 and in the 
 ences may 
 en without 
 That from 
 d shall be 
 ill be first 
 owance is 
 e unless a 
 nade shall 
 e for road, 
 Council at 
 
 r. 
 
 and are hereby vested in the Building Committee hereinafter men- 
 tioned. 
 
 X. And be it enacted, That it shall and may be lawful for the Coun- 
 cillors for the Townships in the said County of Kent, so assembled as 
 aforesaid, and they are hereby empowered by an order of such meeting, 
 to authorize and direct the Treasurer so to be appointed as aforesaid, to 
 raise by loan, from such person or persons, bodies corporate or politic, 
 as may be willing to lend the same on the credit of the rates and assess- 
 ments to be raised, levied and collected in the said intended District, a 
 sum not exceeding three thousand pounds, to be applied in defraying 
 the expense of building the said Court House and GaoL 
 
 XI. Provided always, and be it enacted. That the money so borrowed 
 under the authority of this Act shall not be at a higher rate of interest 
 than six per centum per annum ; and the Treasurer for the said intended 
 District for the time being, shall annually, until the loan so raised, with 
 the interest accruing thereon, shall be paid and discharged, apply 
 towards the the payment of thesame a sum of not less than one hundred 
 pounds, together with the lawful interest upon the whole sum w^hich 
 may from time to time remain due, from and out of the rates and 
 assessments so coming into his hands, for the use of the said intended 
 District. 
 
 XII. And be it enacted. That no Treasurer hereafter to be appointed, 
 either by the said meeting, or by the Councillors of the said intended 
 District, shall be entitled or authorized to receive any poundage or per 
 centage upon any sum or sums of money which shall or may be loaned 
 under the authority of this Act, or which may come into his hands, or 
 for paying out any sum or sums of money, in discharging and liquidating 
 such loan with the interest thereon as aforesaid. 
 
 The Mid Coun- 
 cillor! may 
 authorize a loan 
 to be raiaed by 
 the Treasurer of 
 the Building 
 Conimitiee. 
 
 Amount to be 
 borrowed. 
 
 No more than 
 legal interest to 
 be paid. 
 
 Interest and 
 eapitnl how to 
 be paid. 
 
 No Treasurer to 
 receive any per 
 centage on 
 monies coming 
 into his bands 
 under this Act. 
 
 ■im 
 
 i 
 
 '1 ' '■ 
 
 LOCK-UP HOUSES. 
 
 fir 
 
 a, and for 
 
 1847.] 
 
 16 Town- 
 Jthorized, 
 ;ome con- 
 after the 
 I majority 
 the time 
 that fixed 
 ttend the 
 ihe major 
 » of the 
 i'ations of 
 of there- 
 then and 
 
 nd Court 
 ground 
 Town of 
 shall be 
 District 
 shall be 
 
 ACT 10 & 11 VIC, CAP. 41. 
 
 An Act to establish Lock-up -Houses in the unincorporated Towns and 
 
 Villages of Canada West. 
 
 f28th July, 1847.] 
 [Repealed, except the following Clauses.*] 
 
 III. And be it enacted, That it shall be lawful for each such Dis- 
 trict Council to establish a Lock-up-House in any such Town or Village 
 containing not less than one hundred adult inhabitants, and not being 
 distant less than ten miles from the District Town : And that the said 
 Lock-up-Houses shall be severally placed in the charge and keeping 
 of a Constable, to be specially appointed for that purpose by the Magis- 
 trates of the District in which such Town or Village may be eituated, at 
 any General Quarter Sessions of the Peace for the said District; and 
 such Constable shall be resident in such Town or Village, and be one of 
 the Constables of the Township in which such Town or Village may be 
 situated, and the said Justices in Quarter Sessions may allow such salary 
 or fees as they may think proper to such Constable. 
 
 * Section 3 is not mentioned in the repealing Schedule of the Act 12 Vic, cap. 80 ; nor ia 
 it mentioned in the saving Schedule. We take it, tlierefore, that the clause is stili in force. 
 
 District Council! 
 to establish 
 LoclE-up Houses 
 and the Magis- 
 trates in Q. S. 
 to appoint Keep- 
 ers and fix their 
 salarsiea. 
 
 ui 
 
130 
 
 COUNTY DIVISIONS ACT, U. C. 
 
 Juitleea of the 
 Peace residiiii; in 
 or nenrtheTuwn 
 or Village, may 
 commit persons 
 eliargeil with 
 certain crimes 
 to the Lock-up 
 House. 
 * Sie. 
 
 Expense of con- 
 veying prisoners 
 to Lock-up 
 Houses how 
 defrayed. 
 
 V. And be it enacted, That it shall be lawful for any Justice of the 
 Peace, residing at or near any Town or Village where a Lock-up-House 
 may have been established, or nearer to the same than to the District 
 Town, to authorize by written order to* confinement or detention therein 
 of any person or persons who may be charged on oath with having com- 
 mitted any criminal offence, and whom it may be lawful and necessary 
 lo detain until such person may be examined and fully committed for 
 trial to the Common Jail, or dismissed as the case may be, so as such 
 confinement or detention shall not exceed the period of two days : And 
 also, alt persons found in the streets or highways in a state of intoxica- 
 tion, and all persons who may have been convicted of unlawfully dese- 
 crating the Sabbath, and generally all persons convicted, on view of such 
 Justice of the Peace, cr on the oath of one or more credible witnesses, of 
 any offence cognizable by the law of that part of this Province, formerly 
 Upper Canada, so as such detention or confinement in any of the last 
 mentioned cases shall not exceed the period of twenty four hours : And 
 to authorize the detention therein of any person committed to the Com- 
 mon Jail, until such person can be conveyed to such Jail. 
 
 VI. And be it enacted, That the expense of conveying any prisoner 
 to, and detaining and keeping him or her in any such Lock-up-House, 
 shall be defrayed in the same manner as the expense of conveying such 
 prisoner to and keeping him or her in the Common Jail of the District 
 would by law be. 
 
 COUNTY DIVISIONS ACT, U. C 
 
 N.-uA.-^^-N.-W-',, --t^V^-^. 
 
 8 VI C, CAP. 7, 
 
 Addington. 
 
 Carleton. 
 
 Dundns, 
 
 Durliam. 
 Essex. 
 
 An Act for better defining the limits of the Counties and Districts in Upper Canada, 
 for erecting certain New Townships, for detaching Townships from some 
 Counties and attaching them- to others, and for other purposes relative to the 
 division of Upper Canada into Townships; Counties, and Districts. 
 
 [It is unnecessary to publiph here, the whole of the unrepealed parts of this Act, but the 
 following Schedule will be useful for reference, in connection with the Acts 1*2 Vic. 
 ,cnps. 78, 79, and 96, on pages 80 to 94, inclusive, of this Manual.] 
 
 [Passed lOlh February, 1845.] 
 SCHEDULE B. 
 
 COUNTIES AND RIDINGS. 
 
 Addington, — (Which for the purpose of representation in the Legislative 
 Assembly shall be united as it now is with the County of Lennox,) shall 
 include and consist of the Townships of Amherst Island, Camden, Ernestown, 
 Kaladar, Sheffield and Anglesea. 
 
 Carleton, — Which shall include and consist of the Townships of Filzroy, 
 Goulbourn, that part of North Gower on the North side of the Rideau River, 
 Gloucester, Huntley, March, Marlborough, Nepean, Osgoode and Torbolton, 
 and, except for the purposes of representation in the Legislative Assembly, the 
 Town of Bytown. [See 9 Vic. Chap. 46, 
 
 Dundas, — Which shall include and consist of the Townships uf Mountain, 
 Matilda, Winchester, and Williamsburgh. 
 
 Durham, — Which shall include and consist of the Townships of Clarke, 
 Cavan, Cartwright, Darlington, Hope and Manvero. 
 
 Essex, — Which shall include and consist of the Townships of Anderdon, 
 Colchester, Gosfield, Maidstone, Mersea, Maiden, Rochester, and Sandwich. 
 
COUNTIES AND RIDINGS. 
 
 131 
 
 ice of the 
 -up-House 
 he District 
 ion therein 
 ving cora- 
 necessary 
 imitted for 
 io as such 
 lays : And 
 f intoxica- 
 fully dese- 
 ew of such 
 itnesses,of 
 !, formerly 
 )f the last 
 jurs : And 
 the Com- 
 
 ly prisoner 
 up-House, 
 3ying such 
 le District 
 
 u. c. 
 
 )€>• Canada, 
 from some 
 live to the 
 
 Act, but tlie 
 Acts 12 Vic. 
 
 ■, 1845.] 
 
 jegislative 
 nox,) shall 
 irnestown, 
 
 f Fifzroy, 
 aii River, 
 rorboitoti, 
 mbiy, the 
 
 VIountain, 
 
 f Clarke, 
 
 Lnderdon, 
 dwich. 
 
 Halton. 
 
 Hastings. 
 
 Fronlenac, — Wulch shall include and consist of (he Townships of Bedford, Frontenac. 
 Barrie, Clarendon, Hinchinbrooke, Kingston, Kennebec, Loughborough, Olden, 
 Oso, Portland, Pittsburgh, which shall include Howe Island, Palmerslon, Stor- 
 rington, and Wolfe Island, and, except for the purposes of representation in the 
 Legislative Assembly, the Town of Kingston. 
 
 Glengarry, — Which shall include and consist of the Townships of Chariot- Glengarry, 
 tenburgh, Kenyon, Lochiel, and Lancaster, and the Indian Reservation adjoin- 
 ing the said Townships of Charlotienburgh and Kenyon. 
 
 Grenville, — Which shall include and consist of the Townships of Augusta, Granville. 
 Edwardsburgh, South Gower, Oxford, Wolford, and that part of North Gower, 
 lying on the south side of the River Rideau, which shall be attached to 
 and form part of the Township of South Gower. [See 9 Vic. Cap. 4G.] 
 
 Haldimand, — Which shall for all purposes include the Townships of Can- Haldimand. 
 borough, Cayuga, Dunn, Moulton, Sherbrooke, — and for the purposes of repre- 
 sentation in the Legislative Assembly and of registration of titles only, the 
 Townships of Seneca, Oneida, Rainham and Walpole. 
 
 Halton, — Which shall include and consist of the Townships of Beverley, 
 Esquesing, East Flamhorough, West Flamborough, Nassagaweya, Nelson, and 
 Trafalgar, and for all purposes except that of representation in the Legislative 
 Assembly, the Township of Dumfries, and for the purpose of representation in 
 the Legislative Assembly only, the Township of Erin. 
 
 Hastings, — Which shall i.nclude and consist of (he Townships of Elzevir, 
 Grimsthorpe, Hungerford, Huntingdon, Lake, Marmora, Madoc, Rawdon, 
 Sydney, Tudor, Thurlow and Tyendinaga. 
 
 Huron, — Which shall include and consist of the Townships of Ashfield, Huron. 
 Biddulph, Blanchard, Colborne, Downie, Ellice, South Easthope. North East- 
 hope, Fullerton, Goderich, Hibbert, Hay, Hullet, Logan, McKillop, McGitli- 
 vray, Stephen, Stanley, Tuckersmilh, Usborne, and Wawanosh. 
 
 Kent, — Which shall include and consist of the Townships of Bosanquet, 
 Brooke, Camden, Chatham, Dawn, East Dover, West Dover, Enniskillen, 
 Howard, Harwich, Moore, Orford, Plymptoii, Raleigh, Romney, Sarnia, Som- 
 bra. East Tilbury, West T 'Sary, Warwick, and Zone. 
 
 Lanark, — (Which for he rr-ose of representation in the Legislative As- 
 sembly, shall be united . v )w is, with the County of Renfrew,) shall 
 include and consist of tl . v. uships of Bathurst, Beckwith, Drummond, 
 Dalhnusie, Darling, North r...i.iiey, North Burgess, Levant, Lanark, Mon- 
 tague, Ramsay, North Sherbrooke, South Sherbrooke. 
 
 Leeds, — Which shall include and consist of the Townships of Bastard, Bur- 
 gess, North Crosby, South Crosby, Elmsley, Elizabethtown, Kitley, Lans- 
 down, Leeds, Yonge, and Escott, and except lor the purposes of representation 
 in the Legislative Assembly the Town of Brockville. 
 
 Lennox, — (Which shall for the purpose of representation in the Legislative As- 
 sembly, be united as it now is, to the County o{ Mdington,) shall include and 
 consist of the Townships of Adolphustown, Fredericsburgh, Fredericsburgh 
 additional and Richmond. 
 
 Lincoln, — Which shall include and consist of the Townships of Caistor, Lincoln. 
 Clinton, Gainsborough, Grantham, Grimsby, Louth, Niagara, and (except for 
 the purposes of representation in the Legislative Assembly,) the Town of 
 Niagara. 
 
 Wetland, — Which shall include and consist of the Townships of Bertie, Welland. 
 Crowland, Humberstone, Pelham, Stamford, Thorold, Wainfleet, and Wil- 
 loughby. 
 
 Middlesex, — Which shall include and consist of the Townships of Adelaide, Middlesex. 
 Aldborough, Bayham, Carradoc, Delaware, Dorchester, Dunwich, Ekfrid, 
 Lobo, London, Metcalfe, Mosa,Malahide, Southwold, Westminster, Williams, 
 Yarmouth, and (except for the purposes of representation in the Legislative 
 Assembly,) the town of- London. 
 
 Norfolk, — Which shall for all purposes include the Townships of Charlotte- Nortolk. 
 ville Houghton, Middleton,Townsend,Woodhouse, Windham, Walsingham, and 
 Long Point, and Ryerson's Island in Lake Erie ; — and (ror all purposes except 
 that of representation in the Legislative Assembly, and that of registrations of 
 titles,) the Townships of Rainham and Walpole. 
 
 Northumberland, — Which shall include and consist of the Townships of 
 Alnwick, Cramahe, Hamilton, Haldimand, South Monaghan, Murray, Percy 
 and Seymour. 
 
 Kent. 
 
 Lanark. 
 
 Leeds. 
 
 Lennox. 
 
 Northumberland. 
 
132 
 
 COUNTIES AND RIDINGS. 
 
 Oxforil. 
 Peterborough. 
 
 FrcBcott. 
 
 Prince Edward. 
 Renfrew. 
 
 RuBsell. 
 
 Simcoe. 
 
 Stormont. 
 Waterloo. 
 
 VVentworth. 
 
 York. 
 
 North Riding. 
 
 Bouth Riding. 
 
 East Riding. 
 IVeBt Biding. 
 
 Oxford, — Which shall include and consist of the Townships of Blandford, 
 Blenheim, Burford. Dereham, Nissouri, North Oxford, East Oxford, West 
 Oxford, Oakland, Norwich, £ast Znrra,and West Znrra. 
 
 Peterborough, — Which shall include and consist of the Townships of Aspho- 
 del, Belmont, Burleigh, Bexley, Dummer, Douro, Ennismore, Emily, Eldon, 
 Fenelon, Harvey, Metbuen, Mariposa, Otonabee, Ops, Smith, Somerville, 
 Yerulam. and North Monaghan. 
 
 Prescott, — Which shall include and consist of the Townships of Alfred, 
 Caledonia, East Hawkesbury, West Hawkesbury, Longueil, and Plantagenet. 
 
 Prince Edward, — Which shall include and consist of the Townships of Athol, 
 Ameliasburgh, Hillier, Hallowell, Marysburgh, and Sophiasburgh. 
 
 Renfrew, — (Which shall, for the purpose of representation in the Legislative 
 Assembly, be united as it now is with the County of Zanar^,) shall include and 
 consist of the Townships of Admaston, Blithefield, Bagot, Bromley, Horton, 
 Macnab, Packenhan«, Pembroke, Ross, Stafford, and Westmeatb. 
 
 Russell, — Which shall include and consist of the Townships of Clarence, 
 Cumberland Cambridge, and Russell, 
 
 Simcoe, — Which shall include and consist of the Towships of Adjala. Arte- 
 mesia, Collingwoud, Essa, Flos, West Gwillimbury, Innisfil, Medonte, Matche. 
 dash, Mulmur, Mono, Notawasaga, Ospry, Oro, North Orillia, South Orillia, 
 SaiiiX Vincent, Sunnidale, Tay, Tecumseih, Tosorontio, Tiny, Euphrasia, and 
 Vespra. 
 
 Stormont, — Which shall include and consist of the Townships of Cornwall, 
 Finch, Oinabruck, Roxborough, and (except for the purpose of representation 
 in the Legislative Assembly) the Town of Cornwall. 
 
 Waterloo, — Which shall include and consist of the Townships of Arthur, 
 Amaranth, Bentinck, Derby, Eramosa, Egremont, Guelph, Glenelg, Garafraxa, 
 Holland, Luther, Mornington, Minto, Maryborough, Melancthon, Normanby, 
 Nichol, Peel, Proton, Puslinch, Sydenham, Sullivan, Waterloo, Wilmot, Wool- 
 wich, and Wellesley, and, for the purpose of representation in the Legislative 
 Assembly only, the Townshipof Dumfries, and for all purposes except that of 
 representation in the Legislative Assembly, the Township of Erin. > 
 
 Wentwortk, — Which shall for all purposes include the Townships of Ancas- 
 ter, Brantford, Binbrooke, Barton, Glandford, Onondaga, Saltfleet and Tusca- 
 Tora, and (for all purposes except that of representation in the Legislative 
 Assembly, and that of Registration of Titles,) the Townships of Seneca and 
 Oneida, and (except for the purpose of representation in the Legislative 
 Assembly) the Town of Hamilton. 
 
 York, — Which shall be divided, as it now is, into four Ridings, each return- 
 ing one Member to the Legislative Assembly, that is to say : 
 
 The North Riding. — Which shall include and consist of the Townships of 
 Brock, North Gwillimbury, East Gwillimbury, Georgina, Mara, Reach, Rama, 
 Scott, Thora, Uxbridge, and Whitchurch. 
 
 The South Riding, — Which shall include and consist of the Townships of 
 Etobicoke, King, Vaughan, and York, and for the purposes of Registration of 
 Titles only, the City of Toronto. 
 
 The East Riding, — Which shall include and consist of the Townships of 
 Markham, Pickering, Scarborough, and Whitby. 
 
 The West Riding, — Which shall include and consist of the Townships of 
 Albion, Caledon, CJiinguacousy, Toronto Gore, and Toronto. 
 
 TORONTO: 
 SCOBIK AND BALFOCB, fRINTERS, ADELAIDE BOILDINQI, KING STREET. 
 
SUPPLEMENT 
 
 TO THE 
 
 MUNICIPAL MANUAL 
 
 I'i 
 
 CORPORATIONS AMENDMENT ACT. 
 
 ACT 13 if 14 VIC, CAP. 6 4. 
 
 An Act for correcting cert<ain errors and omissions in the Act of the Parlia- 
 ment of this Province^ passed in the last Session thereof, intituled, 
 " An Act to provide^ by one general laio,for the ere-tion of Municipal 
 Corporations and the establishment of Regulations of Police iii and for 
 the several Counties, Cities, Towns, Toumships cmd Villages in Upper 
 Canada,''^ for amending certain of the provisions of the said Act, and 
 making some further provisions for the better accomplishment of the 
 object thereof. 
 
 [10th August, 1850.] 
 
 WHEREAS in the engrossment of the Act passed in the last Session 
 of Parliament, chaptered eighty-one, and intituled, An Act to 
 provide, by one general law, for the erection of Municipal Corporations and 
 the establishment rf Regulations of Police, in and for the several Counties, 
 Cities, Towns, Townships and Villages in Upper Canada, some errors were 
 uociilentally committed, and amongst them, one of the Schedules in the 
 said Act referred to, and inteiidedlohavebeen annexed to the same, was 
 wliolly omitted: And whereas there are also some inaccuracies, as 
 well in the body of the said Act as in the Schedules thereunto annexed ; 
 And whereas it is expedient as well to correct the said errors anil 
 inaccuracies as to amend the said Act in some of th- proyisini; thereof, 
 and to make some further provisions for the better accomplishment of 
 the object thereof : Be it therefore enacted by the Queen's Most Excel- 
 lent Majesty, by and with the advice and consent of the Legislative 
 Council and of the Legislative Assembly of the Province of Canada, 
 constituted and assembled by virtue of and under the authority of an 
 Act passed in the Parliament of the United Kingdom of Great Britain 
 and Ireland, and intituled, An Act to re-unite the Provinces of Upper and 
 Lower Canada, and for the Governraent of Canada, and it is hereby 
 enacted by the authority of the same, That the several words, phrases 
 and sentences in the first column of the Schedule to this Act annexed, 
 marked A, numbered from one to thirty-six inclusive, and set forth at 
 
 Preamble- 
 12 Vict, c.! 
 
 Certain word^. 
 
 
 &c., miMilioiii'it 
 
 ' i 
 
 ill Schedule A. 
 
 <* .. ; 
 
 siibt-tiluD'it for 
 
 •! , 
 
 rpriiiin oiImtu m 
 
 . ' ' 
 
 llR' saiJ A:l 
 
 ; 1 
 
 ■A 
 
134 
 
 CORPORATIONS AMENDMENT ACT. 
 
 llow iliosRiil Act 
 shall iH'reniicr de 
 cuiiHiruud. 
 
 Troviso : ris to 
 iliiiiL's iilro.iily 
 clone. 
 
 Tartu orSrlmihilc 
 II. rc|ic.'ilRd mid 
 new provisions 
 ttubatilua'd. 
 
 Proviso : ns (o 
 UiiniiN alrc'.tily 
 Hone. 
 
 length in the second column of the f>aiJ Schedule, as such several 
 words, phrases and (sentences are contained in those several parts uf the 
 several and respective Sections, sub-sections and provijioes of the said 
 Act particularly referred to in the third column of the said Schedule, oppo- 
 site to each of such words, phrases and sentences respectively, shall be, 
 and the same as so contained in such sections, sub-sections and pro- 
 visoes, are hereby repealed ; and the several and respective words, 
 phrases and sentences set forth in the fourth column of the said Sche- 
 dule, opposite to each of such first mentioned words, phrases and sen- 
 tences respectively, shall be, and the same are hereby substituted for 
 such first mentioned words, phrases an 1 sentences, each for each res- 
 pectively ; and henceforth, the said substituted words, phrases and sen- 
 tences, instead of those for which they are so substituted as aforesaid 
 respectively, shall be, and shall be deemed and taken to have been the 
 words, i-hrases and sentences u.sed in the several and respective sections, 
 sub-sections and provisoes of the said Act in the third column of the 
 said Schedule mentioned, opposite to each of such wouls, phrases and 
 sentences respectively, and, in the parts of .such .«eclions, snb-Kection.'* 
 and provisoes therein particularly mentioned ; and the said Act, and all 
 other Acts referring to the same, shall be construed as if such substi- 
 tuted words, phrases and sentences had been there used in such respec- 
 tive sections, sub-sections and provisoes respectively, and in the parts 
 thereof respectively in the said third column of the said Schedule men- 
 tioned as aforesaid, at the time of the passinj? of the said Act, any thing 
 therein contained to the contrary notwithstanding: Provitled always, 
 nevertheless, that nothing in this Section contained, shall render void 
 «r otherwise afiect in any way, any thing heretofore done under the 
 authority of the said Act, but the same, unless it shall have been made 
 the subject of proceedings at Law actually in,stituti'd bei'oie the paseiiig 
 of this Act, shall be, and the same is hereby ratified and confirmed : 
 any thing herein contained to the contrary notwithstanding. 
 
 II. And be it enacted, That .so much of the Schedule to the said Act 
 annexed, marked B, as extfends to the end of the divisions of the Town 
 of Belleville into Wards, and also these parts of the said Schedule which 
 apply to the Towns of Cobourg, Picton, Port Hope, Prescott and Saint 
 Catherines respectively, their respective boundaries and divisions .«hall 
 be, and the same are hereby respectively repealed, — and that the Sche- 
 dule to this Act annexed, marked "Schedule B," shall be substitued 
 for the said first mentioned part of the said Schedule B, to the said Act 
 annexed, — that the Schedule to this Act annexed, marked " 5 Cobourg,'' 
 ,«hali be substituted for the said secondly above mentioned part of the 
 Schedule B, to the .said Act annexed, — that the Schedule to this Act 
 annexed, marked " 12 Picton," shall be substituted for the said thirdly 
 mentioned part of the said Schedule B, to the said Act annexed, — that 
 the Schedule to this Act annexed, marked " 13 Port Hope," shall be 
 subsfitiited for the said fourthly mentioned part of the saivi Schedule B,tn 
 the said Act annexed,— that the Schedule to this Act annexed, marked "14 
 Pre.scott," shall be substituted for the same fifthly above mentioned part 
 of the said Schedule B, to the said Act annexed, — and that the Schedule 
 to this Act anne.ved, marked "15 Saint Catherines," shall be substi- 
 tuted for the said sixthly above mentioned part of the said Schedule B, 
 to the said Act annexecl, and each of such substituted parts respectively 
 shall from henceforth be deemed and taken to form, and to have formed, 
 that part of the said Schedule for which it is so hereby respectively 
 Kiibistiluted as aforesaid ; any thing in the said Act, or the Schedules 
 thereof, to the contrary notwithstanding: Provided always nevertheless, 
 firstly: That nothing in this Section contained shall render void or 
 otherwise affect in any way any thing herelofoie done under the authority 
 
uch several 
 I parts of ihe 
 
 of the Haid 
 edule,cppo- 
 }|y, shall be, 
 ns and pru- 
 tive wordji, 
 
 said Sche- 
 ies and sen- 
 bslituted for 
 r each resi- 
 ius and seii- 
 iis aforesaid 
 ve been the 
 ve sections, 
 unan of the 
 )hrases and 
 mb-)«ectionH 
 Act, and all 
 uch subati- 
 uch respec- 
 n the paris 
 ediilernen- 
 :, any thing 
 ed always, 
 eflder void 
 
 under the 
 been made 
 he p.i!i«ing 
 conlirnied : 
 
 e said Act 
 
 the Town 
 dule which 
 
 and Saint 
 sions shall 
 t the iSche- 
 
 substitued 
 16 said Act 
 
 Cobonrp,'' 
 )art of the 
 
 this Act 
 aid thirdly 
 xed,~iliiit 
 
 shall be 
 euule B,to 
 jarked"14 
 ;ioned part 
 Schedule 
 38 substi- 
 shedule B, 
 spectively 
 ve formed, 
 spectively 
 Schedules 
 '^ertheless, 
 T void or 
 
 1 authority 
 
 CORPORATIONS AMENDMENT ACT. 
 
 of the said Act, tut the same, unless it shall have been made the subject 
 of proceedings at Law, actually instituted before the passing of this Act 
 and still pending before the proper tribunal, shall be and the same id 
 hereby ratified and confirmed ; anything herein contained to the con- 
 trary notwithstanding ; and provided also, secondly, that the Municipal 
 Elections for the said Towns of Belleville, Cobourg, Picton, Port Hope, 
 Prescott and Saint Catherines, held in January last, and all other pro- 
 ceedings had thereon, so far as the same shall be dependent upon 
 the legality of such elections, shall bo and the same are hereby 
 specially ratified and conlirmed as aforesaid. 
 
 III. And be it enacted, That the Schedule to this Act annexed, 
 marked Schedule D, shall from henceforth be deemed and taken to be, 
 and to have been annexed to the said recited Act, as the Schedule D, 
 therein referred to ; and that all such proceedings as "t any lin;e during 
 the year one thousand eight hundred and ft 'y-n night have been 
 had or taken for fixing or establishing . boum- 3 of any of the 
 Towns mentioned in the said Schedule D, or for carrying the said Act 
 into effect, with respect to any such Town, by the election and organi- 
 zation of a Municipality for the same at the commencement of the 
 present year, shall and may be had and taken at any lime during the 
 corresponding periods of the year one thousand eight hundred and fifty, 
 with the view and for the purpose of fixing or establishing such bounda- 
 ries, and of carrying the said Act into effect with respect to such Town, 
 by the election and organization of a Municipality for the same at the 
 commencement of the year one thousand eight hundred and fifty-one, 
 and as if the said Act, with the said Schedule D annexed thereto, had 
 been passed during the present Session of Parliament. 
 
 IV. And be it enacted. That it shall and may be lawful for the Gov- 
 ernor of this Province, for the time being, if he shall deem it expedient 
 so to do, at any time previous to the First day of December next, to issue 
 a Proclamation under the Great Seal of the Province, authorizing and 
 directing the immediate orcanization of a Municipality for the present 
 year, in and for any of the Towns mentioned in the first Division of the 
 said Schedule D; and to make such provisions in and by such Procla- 
 mation, as in his discretion may appear necessary or expedient, for fixing 
 or establishing the boundaries of such Towns, for appointing a Returning 
 Officer, and for liolding and regulating the first Municipal Election to 
 be held for the sam",— for the appointment of Municipal Officers, and 
 for imposing and le/ying the necessary assessments for Municipal pur- 
 poses for the year one thousand eight hundred and fifty, and for all other 
 purposes necessary or expedient for enabling such Municipality to exer- 
 cise the several powers and privileges conferred upon such bodies by the 
 said Act ; and the said Municipality, so organized, their officers and 
 servants, shall to all intents and purposes, have the like powers and 
 privileges, and be subject to the like duties and obligations as if they 
 had been duly elected at the period fixed by the said Act for the general 
 Annual Municipal Elections throughout Upper Canada for the present 
 year. 
 
 V. And whereas it is expedient to remove certain doubts as to the 
 legality of the Municipal Election held in and for the Towns of Belle- 
 ville, Bytown and Peterborough, and the Village of Richmond, in the 
 County of Carleton, fur the present Municipal year : Be it therefore 
 enacted, That for and notwithstanding any defect of substance or form 
 in the authority of the persons who acted as Returning Officers at such 
 Municipal Elections respectively, or in the notice given for holding such 
 Elections, or in the time when, or the place where, such Elections were 
 ie!'P(«ctively held, the said Municipal Elections and all proceedings had 
 
 136 
 
 I'roviso ! rcrtniti 
 Muiiicipiil t'ipc- 
 tiotis r.oiifirini'cl. 
 
 Tin.' oinitlfil 
 achciluli- I). fU|v 
 (iliecl. 
 
 Certain proceed- 
 in<!8 which iiiiaht 
 Imvp Ipf'i.Mi hail l;i 
 
 ll-KI 1 llll' 
 
 UllliSi ^i lIlL* 
 
 Scht'iliiiH II. may 
 be had in l^">tl. 
 
 Governor tnay 
 issue a proclani- 
 ntioii for auihor- 
 iziiiiitlieiiiiiiicdl- 
 aiH oraaiii/.aiioii 
 ol'a Miiiiicj|inlily 
 ill any town in 
 the fiTi^l division 
 of Scht;dtde li. 
 niul may provide 
 thereliy for rcr- 
 tain purpn-cf'. 
 
 I 
 
 I \ 
 
 O 
 
 m 
 
 i 
 
 11 
 
 Douhl« as tu 
 
 ^ V 
 
 i ■ 
 
 einrtionii in 
 
 4 
 
 
 Bellevilif, Hy- 
 
 t 
 
 
 lown. RichtnonI 
 
 1 
 
 
 and Pelertioroiiijli 
 
 i.i'j-; 
 
 removed. 
 
 il 
 
 liH 
 
 s' I I 
 
 .. !■ '3 
 
1 
 
 
 .Ill to 
 
 porlv T 
 
 lu)|j' f); 
 l.)r.'<, Scr 
 
 
 !a pro- 
 
 Hlilicii- 
 
 roiincil- 
 
 . clectc'cl 
 
 j-y, H.W. 
 
 iiurev! 
 
 loG CORPORATIONS AMENDMENT ACT. 
 
 Ilteroon, shall be and the same are hereby ratiiied and contiimed, any 
 tiling in the said Act tu the contiiiry notwithsiandiniu ; and that tor ixud 
 notwithstanding; any such defect ut substance or iurin in the person:^ 
 who appointed the times and places oC meeting of the Town Councillors 
 returned at such Elections for the purpose of organizing the Cora- 
 inon Councils of such Towns respectively, or in the notice given for 
 holding such meetings, or in the time when or the place where the same 
 were held for that purpose, the organization of such Common Council* 
 and all proceedings had thereon, shall be, and the same are hereby 
 ratified and confirmed, any thing in the said Act to the contrary not- 
 withstanding ; Provided always nevertheless, that nothing in this Section 
 contained shall render valiil or otherwise alTect any such proceeding 
 which shall have been made the subject of proceedings at law actually 
 instituted before the passing of this Act, and still pending before the 
 proper tribunal ; any thing herein contained to the contrary notwith- 
 standing. 
 
 VI. And be enacted. That for and notwithstanding any want of 
 qualification in respect of pioijerly in any person elected a Councillor of 
 any Township, Village or Town, or an Alderman or Councillor ot 
 any City, at the Annual Mnnioipal Elections for the different Town- 
 ships, Villages, Towns and Cities, held in January last, the election of 
 every such Councillor and Alderman, if in other respects snliicient, 
 shall be and the same is hereby ratiiied and confumeil: Provideii 
 always nevertheless, that nothing in this Section contained shall render 
 valid or otherwise affect the claim of any such person whose election 
 shall have been made the subject of proceedings at law, actually insti- 
 tuted before the passing of tins Act, and still pending before the prope; 
 Iribunal ; any thing heiein contained to the contrary notwithstanding. 
 
 VII. And be it enacted. That the powers and duties, by the thirtieth 
 and thirty-first Sections of the Act passed in the last Session of Parlia- 
 
 :i.-i. traatffcrreiHo nient, chaptered thirty-five, and intituled, An Act to repeal certain Acts 
 'jw"!r<*''ii'tn'uni i^ienin mentirmcd, and to make better provision respecting the admission oj 
 e^y\ ..c» Land Surveyors and the Survey of Lands in this Province, conferred and 
 
 imposed upon the Municipal Councils of the different Counties (therein 
 called Districts) in Upper Canada, and on the Treasurers and other 
 officers thereof, shall be and the same are hereby transferred to and 
 imposed upon the difTereni Township Municipalhies in Upper Canaday 
 and upon their Treasurers and Officers respectively, to be exercised anil 
 performed by such Township Municipalities, their Treasurers and 
 other Officers in the like cases and in the like manner as is therein pro- 
 vided with respect to such corresponding Municipal Councils, their 
 Treasurers and other Officers ; and no such powers or duties shall hence- 
 forth belong to, or be required of, the Municipal Councils of the different 
 Counties or Unions of Counties in Upper Canada, their Treasurers or 
 other Officers, or any of them. 
 
 R.?:: ai Vin. And whereas by the third Section of the said first-mentioned 
 
 Act, provision was made lor the Union of Townships having less than 
 one hundred resident freeholders and householders on the Collector's 
 Roll, to any adjacent Township having that number of such freeholders 
 and householders, but not for the Union of several Townships havl.ig 
 each less than the prescribed number of such freeholders and house- 
 holders, but which, if formed into a Union, would together have more 
 than such prescribed number ; And whereas in the newly settled parts 
 of the country, the want of such a provision has been found to occasion 
 m-'f wovinan ;ireat inconvenience : Be it therefore enacted, That it shall and may be 
 Si ) iiiiont of lawful for the Municipal Council of any County or Union of Counties in 
 tow «iii'.i Upper Canada, at any time before the thirty-tirsi day of December, in 
 
 r.iirt^T li Vi 
 
 :he )i 
 
 By-lal 
 (/ Tol 
 
 third 
 to fori 
 Unionl 
 dationl 
 firstlyl 
 
ilirmed, any 
 that tor atihi 
 the per$otKf 
 1 Counciilorii 
 ig the Coin- 
 ce given foi 
 ere the same 
 on Council 
 are hereby 
 onlrary not- 
 I this Section 
 proceeding 
 aw actually 
 q; before the 
 try notwilh- 
 
 iiiy want of 
 Councillor ot' 
 'oniicilior of 
 rent Town- 
 election of 
 3 snliicieut, 
 : Provided 
 shall render 
 ).«e election 
 tually insii- 
 3 the piopej 
 istandino. 
 
 ihe thirlielli 
 of Parlia- 
 certain Acta 
 idmission of 
 ferred and 
 iea (therein 
 and other 
 red to and 
 ler Canada^ 
 ercised and 
 surers and 
 herein pro- 
 ncils, their 
 hall hence- 
 liB different 
 easurers or 
 
 •mentioned 
 f less than 
 Collector's 
 Freeholders 
 ips havi.ig 
 nd house- 
 lave more 
 Jtlled parts 
 occasion 
 id may be 
 y'ounties in 
 ember, in 
 
 CORPORATIONS AMENDMENT ACT. 
 
 :he year of our Lord one thousand eight hundred and fifty, by a 
 By-law to be passed for that purpose, to dissolve all or any of the Unions 
 (« Townships formed or to be formed under the authority of the said 
 third section of the said Act, and if they shall deem it expedient so to do 
 to form such other Unions of the Townships within such Counties or 
 Unions of Counties, as they may think most convenient for the accomo- 
 dation of the people of such Townships: Provkled always nevertheless, 
 firstly, that it shall be lawful for any such Municipal Council, in form- 
 ing such Unions, to att-ach together any two or more Townships lying 
 within the same Count}*, but not when they shall be within different 
 Counties of such Unions of Counties : And provided also, secondly, that 
 the Townships to be tluis formed into any such Union shall together 
 have had not less than one hundred freeholders and householders on the 
 <3ollector's Rolls for the last year that the same shall have been respec- 
 tively madu up prior to the passing of such By-law : Provided also, 
 thinilly, that every such By-law shall designate the order of seniority of 
 the Townships foiming every such Union of Townships, which shall i,\ 
 every such By-law be arranged (unless in the opinion of such Municipal 
 Council, there may appear some special reason to arrange them other- 
 wise) according to the relative number of freeholders and householders 
 on such Collector's Rolls respectively, those having the greater number 
 on such Rolls being placed senior to those having the less. 
 
 IX. And be it enacted, That upon, from and after the day on which 
 any Proclamation already issued, or to be hereafter issued, under the 
 authority of the said first mentioned Act or of this Act, for erecting any 
 village, hamlet or place into an incorporated Village, or any incorporated 
 Village into a Town, shall have come into force and taken effect, or 
 shall hereafter come into force or take effect, every such incorporated 
 Village or Town, with the boundaries in such Proclamation prescribed 
 for the same, shall be and be held to have been, and shall continue 
 to be part of the County to which it shall by such Proclamation be 
 declared to belong, as well for the purpose of representation in the 
 Commons House of Legislative Assembly of this Province, as for all 
 other purposes whatever, except only when any such Town shall be 
 entitled to be represented in such Legislative Assembly by a member 
 or members of its own, in every which last case, such Town, with the 
 boundaries in such Proclamation prescribed for it, shall, for the purpose 
 of Representation in such Legislative Assembly, cease to be or form part 
 of such or any other County ; and that upon, from and after the day on 
 which any Proclamation already issued or to be hereafter issued, under 
 the authority of the said first-mentioned Act or of this Act, for erecting 
 any Town into a City, shall have come into force and taken effect, or 
 shall hereafter come into force and take effect, such City and the liber- 
 ties thereof, with the boundaries in such Proclamation prescribed for 
 such City and the liberties thereof, shall, (if such City, when a Town, 
 shall have been entitled to be represented by a member or members in 
 the said Legislative Assembly,) for all the purposes of Representa- 
 tion in such Legislative Assembly, altogether cease to be or form a part 
 of the County or Counties out of the territory of which it shall have been 
 formed, and shall be, and be deemed to have been, from the time afore- 
 said, in the relative position to the County on the borders whereof it 
 shall be situate, piovided and prescribed by the eighty-fifth Section of 
 the said first mentioned Act, and the other provisions thereof. 
 
 X. And be it enacted. That it shall be lawful for any of the Munici- 
 pal Councils of the several Counties and Unions of Counties in Upper 
 Canada, to establish a Lock-up-House in any Town, Incorporated 
 Village, or Police Village, within the Juri'idiction of such Municipal 
 Council, and to establish and provide for such salary or fees to be paid 
 
 ).'^7 
 
 Pro ;0 
 
 I'ru. 
 
 Crov.w. 
 
 Ill rti.-.t ••w'-vt 
 arii) I'ur -y'liit |'Uf' 
 |iort>8 (ri,viii< iiiui 
 i'iti(!S >■■ .ill noi 
 form (an el' ilic 
 rdijii*. •'«■ n 
 which lli"-; lit'. 
 
 IiicoriiorMf"! vil- 
 i;i(ieB .'.;.>.'iv»: 11/ 
 lie' part <a' ilic 
 
 
 K li 
 
 T.DCk-iir-tioiisc'- 
 may bi; Lvialijitli- 
 Oil liy •county 
 councils, ml'ji'ci 
 toceria;ii (irovi- 
 piO!i«. a'.id ill rcr- 
 lain ['l:''-»'«i. 
 
138 
 
 t'tOVinct. 
 
 IVOVIsO. 
 
 { W. 1, C.I 
 
 lVoviMion.il 
 iiiiiiiici|itil coiiii- 
 I'ilii iii«y borrow 
 iiiDiipy. iiiiri con- 
 trad ili'liis for 
 crriain purpodOS. 
 
 lliiiiici|iiil r,ii\m- 
 rili<iili.-iiliil(M for 
 provl.-ioriic! M.C. 
 alicr (li::.>olMiion 
 oriiniijii : otilcerB 
 .■oiiiiiiiieil until 
 lii'VI i'l"Cli0I;. 
 
 
 ; 
 
 CORPORATIONS AMENDMENT ACT. 
 
 to ihe Constable to be placeil in charg;o of every bucIi Lnck-up-Houno. 
 a::i they may deem just ami reasonable, and to direct the jiayment of 
 sucli salary out of the funds of surh County or Union of Counties ; and 
 that every such Lock-up-House shall bo placed in tho charge and 
 keeping of a Constable to be spt'cially appointed for that purpose by the 
 "' agist rates of such County or Union of Counties, at any (ieneral 
 Quarter Sessions of the Peace for the same ; and such Constable shall 
 be resident in such 'lown or Village, and be one of tho Constables of 
 such Town or of the Township in which such Village may bo situate : 
 Provided always nevertheless, firstly, That nothing herein contained 
 shall affect any Lock-up-Hcuses established under the Laws heretofore 
 in force respecting the same, but every such Lock-up-House shall be 
 and continue a Lock-up-House within the meaning of this section 
 although not in any such Town or Incorporated or Police Village as 
 aforesaid : And provided also, secondly, That parties summarily con- 
 victed before Magistrates under the provisions of the Act of the Parlia- 
 ment of the late Province of Upper Canada, parsed in the fourth year 
 of the Reign of His late Majesty King William the Fourth, chaptered 
 four, and intituled, An Act to provide for the summarij punishment of petty 
 trespasses and other offences^ may, in the iliscielioii of the commiiting 
 Magistrate or Magistrates be committed to the nearest Lock-up-House 
 in the County or Union of Counties in which the. conviction took place, 
 instead of being committed to the Common Gaol of such County or 
 Union of Counties. 
 
 XL And be it enacted, That the Provisional Municipal Councils in 
 Upper Canada shall have, and shall be deemed to have had at all times 
 since provision was made for their establishment, the like power and 
 authority to make By-laws for borrowing all necessary sums of money 
 for the purchase of the necessary County property and the erecting of 
 the necessary County Buildings, and other County works within their 
 jurisdiction and the scope of their authority, and for incurring any debt 
 in respect of the same as is or shall by law be vested in Municipal 
 Councils generally, in that section of the Province, subject always, 
 nevertheless, to the restrictions, limitations and other provisions for 
 securing the payment of loans made to such Municipal Councils, within 
 a limited time, and otherwise securing and insuring the recovery and 
 payment thereof, as are or may by law be imposed upon such Municipal 
 Councils, and upon the By-laws to be passed by ihem for that purpose. 
 
 XIL And be it enacted. That upon, from and after the day on which 
 the union between any two or more Counties in Upper Canada, there- 
 tofore forming a Union of Counties, shall be dissolved, the Townreeves 
 and Deputy Townreeves of the Junior County of such Union who shall 
 have been in ofHce on the day preceding the dissolution of such Union, 
 shall, until replaced by new elections held underthe said first mentioneil 
 Act, form and be to all intents and purposes whatsoever the Municipal 
 Council of such Junior County, which Municipal Council and their 
 successors shall to all intents and purposes whatsoever be substituted 
 for the Provisional Municipal Council of such County, which shall 
 have been thereby dissolved, and the Provisional Warden and other 
 Provisional Officers of the said Provisional Municipal Council shall be 
 and continue the Warden and Officer respectively of such Junior 
 County, until the election or appointmen' of their successors under the 
 said first mentioned Act, and all the By-laws of such Provisional 
 Municipal Council shall be and continue in force until amended, 
 altered or repe'^led according to law, by some By-law or By-laws to be 
 passed for that purpose by the Municipal Council of such Junior 
 County, as such By-laws would be and remain in force had the same 
 been By-laws of such Municipal Council. 
 
-up-House, 
 imjment of 
 unties ; and 
 chaigo aiiil 
 ■pose by the 
 ly (ieneral 
 stable shall 
 instables of 
 bo situate : 
 1 contained 
 i heretofore 
 no shall be 
 his section 
 Village as 
 lariiy con- 
 the Parlia- 
 ourth year 
 
 chaptered 
 mi ofpetlij 
 3omnfiillin^ 
 
 up-Honso 
 look place, 
 County or 
 
 ^'onncils in 
 i\ all times 
 power and 
 of money 
 erecting of 
 ithin their 
 : any debt 
 Mimicipal 
 ct always, 
 visions for 
 ills, within 
 overy and 
 Municipal 
 t purpose. 
 
 on whicli 
 da, there- 
 )wnreeves 
 ivho shall 
 -'li Union, 
 nentionecl 
 Municipal 
 and their 
 ubstitiUed 
 lich shall 
 xnd other 
 
 shall be 
 di Junior 
 Jnder the 
 rovisional 
 imended, 
 iws to be 
 h Junior 
 the same 
 
 CORP.OUATIOXS AMENDMENT ACT. 
 
 XIII. And 1)H it enacted, That ovory Municipal Corporation so sub- 
 stituted for the I'rnvisional Municipal Corporation of any County in 
 Upper Canada, sliull ln'coinu (diarged with and liable to all liebls, 
 lialjililics and obli^^iitiDiis of siicdi Provisional Municipal Corporation 
 legally contracted or incurred as aforesaid, as if such ilebts, lial)i!itit>s 
 and obligations had been contracted by such Municipal Corporation 
 themstdvos; and all actions at law and suits in Eqiuly, wherein such 
 Provisional Municipal Corporation shall have been a party, and pendin;:; 
 at the time of the dissolution of such Provisional Municipal Corporation, 
 shall bo continued by or aj^ainst anch substituted Municipal Corporation 
 in their Corporate Name as if such Municipal Corporation had been the 
 party thereto originally. 
 
 XIV. And be it enacted, That no I3y-law passed or io be passed by 
 any Provisional Municipal Council, in accordance with 'die re(]niremeiit,s 
 of the one hundred anil seventy-seventh Section of the said lirst men- 
 tioned Act, for itnposini; a special rate to bo levieil in each year, lor the 
 payment of any debt created by loan or otherwiso, shall be repealed by 
 the Municipal Council, which shall thereafter bo substituted for such 
 Provisional Municipal Council until the debt so created and the interest 
 thereon shall be fully paid and discharged : Provided always neverthe- 
 less, that no such By-law as aforesaid, whether passed by any Munici- 
 pal Council, or by any Provisional Municipal Council, shall be held to 
 be repealed by the Act passed in the present Session of the Provincial 
 Parliament, and intituled. An Art to repeal the Acts and provisions nf 
 Law relative to Assessments and matters connected thcrcicith in Upper 
 Canada, but notwithstanding any thing in the said last mentioned Act 
 contained, every such By-law siiall remain in force until the ilebt to 
 which it relates, and the interest thereon, shall be fully paid and dis- 
 charged. 
 
 XV. And be it enacted, That in case of there being an equality of votes in 
 the Mindcipal Corporation of any Township or Village, on the Election 
 of Townreeve for such Township or Village, or in the Municipal Cor- 
 poration of any Town or City, on the Election of Mayor for such Town 
 or City, the Member of such Municipal Corporation who, according to 
 the Collector's Roll or Rolls of such Township, Village, Town or City, 
 for the year next preceding that for which such election shall be lieki, 
 shall be assessed for the highest amount, shall have a second or calling- 
 vote on such election. 
 
 XVI. And be it enacted, That in every Proclamation erecting the 
 Townreeves and Deputy Townreeves of any Junior County into a 
 Provii«ional Municipal Council for such Junior County, a time and place 
 may be appoint.,.! lor holding the first Meeting- of such Provisional 
 Municipal Council, and some one of such Tosvnreevesor Deputy Town- 
 reeves appointed to preside at such Meeting, and in case any such 
 Proclamation shall not contain any such appointment of time or place or 
 of a person to preside at such lirst Meeting, and in all cases of the 
 erection of such Provisional Municipal Council by Act of Parliament, 
 such time and place and such presiding Officer as aforesaid shall and 
 may be appointed by the High Sheriff of the United Counties, of which 
 such Junior County shall be one, by a warrant under his hand and sea! 
 directed to such Townreeves and Deputy Townreeves by their name of 
 office, and published in the Official Gazette of this Province : Provided 
 always nevertheless, Firstly, that such presiding Officer shall preside in 
 such Provisional Municipal Council only until a Provisional Warden 
 shall be elected by such Provisional Municipal Council : And provided 
 also, Secondly, That in all cases of jin equal division of votes on any 
 question pending in any such Provisional Municipal Council, the Pro- 
 
 LSD 
 
 Ami w I.I- linlilc 
 (br (loMn, kc. 
 
 CVrlaiii Ly-lnwn 
 not 10 111' ri'ptal- 
 fil. 
 
 l'rovi:*o iis 10 
 etlt'cl of ii.'-oCM- 
 iiiiiil ri.'|if.'iiliiii! 
 Acl ol iliis ►CH- 
 xioii. 
 
 Casi.' 01' e.)ii.ilily 
 of voti'.-i f( r 
 Al.nyor, ti.c„ pro- 
 viilt'd lor. 
 
 Tiiiif sri'l |.::ic(' 
 01' .'irs'l ii:i'Vii;iu' 
 of |irovit|i.iiiil 
 
 lllllllicil'.-il i'(/IIl:- 
 
 Cll 10 bf ll|l|rljllll- 
 
 ed liy procl.-iiiiii- 
 lion. 
 
 How, ifUi-r.M. 
 C III- (Tteu'il liv 
 Act (if i'lirlia- 
 
 IllCllt. 
 
 I'rovicj. 
 
 TrovirO. 
 
 P-f 
 
 I. !■ SI 
 
140 
 
 Provltloiii nf 
 ICC I. !iUH of 
 nuipiidcd Act 
 (■oiiliniieil until 
 UUtDfc, l'*M. 
 
 CORPORATIONS AMENDMENT ACT. 
 
 visional Wanlen of such County, or iho Prek.i'ling (Mlicer of such Pro- 
 visional Municipal Council for the lime being, nhall hare a second o» 
 casting vote on such question. 
 
 XVII. And bo it enacted, That the provisions contained in the tw»> 
 hundred and I'ighlh Section of the first mentioned Act, a« amendfd by 
 this Act, shall be and conlinuu in force (ill the SIstdayof Decennber, in 
 the year of our Loid one thousand eight hundred and lifty one, and the 
 persons therein described ns entitled to Elecf and bo Elected under the 
 same shall be those entitled to Elect and be Elected respectively at nil 
 the Municipal Elections to be held under the said Act previous to that 
 day, 
 
 SCHEDULE A. 
 
 Referred lo in the First Section of this Art. 
 
 WORIW, rilRA.ICH &. SfNTF.NC«II 
 OK I'i VlC.,('AI'.eI,KKPISALI!II 
 
 uy Tint A''T. 
 
 ^'retion», Siili- Sections 
 nud Prov^KO', of 1'2 
 Vic, C'ir,i. i\, and tliu 
 psriR tl.crcor, rcipec 
 lively, ill which the 
 repented wordH.phrni'c* 
 nnd B'.MiienecH are con- 
 tained. 
 
 ] j To divide mich TownHhip* Section P. --Between 
 anew, Into Mvurnl U'a'd*, an the word*, "for thiit pur- 
 afureaniil. pOHe," nnd tlie wordn 
 
 '■re-iirrangin|jtlic>anie," 
 
 a Fifty. 
 
 3 ' Vot ilie vc.ir foltow/ng. 
 
 Section 18. — Between 
 tlie wordd, " within it," 
 nndtltv word,'* rcildeni," 
 
 Section 16. — Detwcen 
 the viorda, "Townnltip 
 Uhall " nnd the words, 
 "Tlie making up," 
 
 4 Thrpp A»scssor.s Tjr the! Section 29. — Between 
 iTowiiHhip, and one Col lector' the word "appoint "and 
 
 for the Bainc. 
 
 rcruii9f)ion to proceed. 
 
 the words, "nnd that the 
 said AsuegBor?," 
 
 U By imprisonment. 
 
 Sectional.— Suh-Sec- 
 'tion 17 lietwocn the words 
 ''Road or UridRe Conv 
 panief,^' nnd the words 
 ;•' with nny Ro.idK or 
 Rridscs within the jurig' 
 Idiction " 
 
 Section 31.— Sub-Sec- 
 tion 'iO, lictween the 
 wordi " rcnaonnlile pnn 
 i!<iiment," nnd the words, 
 " not exceeding," 
 
 The Mnnicipal Council for Section 33.— After tin 
 such Coiinly. 
 
 WORI'd, rilRAIK.1 AND SKNTENrRI Sl'BSTITCTED 
 
 roK TiioiK BY Ttiis Act XKi-CAi.En. 
 
 To divide iuch TowiiHhips Into several Wardi.. 
 or where the minie kIkiII have I'ccn prcTioniily fO 
 diviilfd liy .Act, eiiher of the lljsirict or County 
 .Muiiiclp:d Cuunrll.or of the Municlpnilty of the 
 Towiihhl|), then to tlivlilc- lUc riinie luiew inio 
 everul wuriitf ns uloresaid, rirriini;ing or 
 
 our hiindrct) 
 
 for the year iicit but one following. 
 
 Such nnd so many Assessors nnd CoHectors for 
 (he said 'I'ownship as shnll or inny he periiiilled or 
 prescribed (ax the case may lie) hy the Laws for 
 the asseRsmcnt of pro|icriy, nnd the levylnu am) 
 collecting of rates lor local purposes, in force in 
 Upper Canada for the time being. 
 
 to which opposition has been made in accordance 
 with tiie provisions of the Act passed in the present 
 Session of I'arlianieni, intituled, "An Act to 
 authorize the formation of Joint Stock Conipanics, 
 for the construction of Konds nnd other works in 
 Upper Canada," pcrniisaion to |)roceed. 
 
 hy imprisonment either In nny Lock-up Hou»c in 
 any Town or Villnue situate within the Township 
 or in the County Gaol or House of Correction for 
 any period. 
 
 the Municipal Cntmcil foi- snch County : Provided 
 always, nevertheless, firstly, 'i'hiit no 'J'ownreevc- 
 ahnllhe entitled to lake his stvit in such Municipal 
 Council, until he sh'dl have filed with the Clerk of 
 such Municipal Council, a certificate under the- 
 h.nnd and seal of the Town Clerk of llie 'I'ownship. 
 Villntje or I'own for which he shall beentitlril to 
 sit in such Municipal Council, of his baYlng been 
 
 Will J 
 
 NO. (ir l| 
 
 
 IIT 
 
 
 
 10 
 
 It 
 
SCHEDULE A. 
 
 Ul 
 
 if fluoh Pro- 
 a second or 
 
 I iti tbo two 
 amended by 
 ecemtmr, in 
 me, and the 
 id miller the 
 lively at till 
 viuua to that 
 
 • PHTITrTED 
 'lALED. 
 
 evorni Wnrdt., 
 pre»ioii«ly n) 
 rict or ("oiiiiiv 
 ;i|ifiliiy ofilie 
 lie anew into 
 gor 
 
 roHcctorg for 
 e iifriiiiticdor 
 Uie LiiH'i for 
 levying iimJ 
 >, ill force ill 
 
 n nccorilnncL' 
 
 ill tlic prcaciit 
 All Act lo 
 Coiiipiiiiicti, 
 
 lier works in 
 
 (I. 
 
 •up Ilourc in 
 lie Towiiahip 
 orrcctioii for 
 
 ly : Provided 
 'J'owiireeve 
 ;h Municipal 
 tlie Cleric of 
 le under ilip 
 e 'I'owiitiliip. 
 leeniiilfd Vj 
 baving becM 
 
 ii-Heetion>, 
 no*, uf ly 
 
 \Vn«n«, Tim «•«■ It HcNTiKriti, 
 
 >Mi 'irHVi'-..c*r.HI,mriiAt,tn' 
 
 I nr Tii:i Ari', I 
 
 Heciioni, Hull 
 nnd i'rovliio*, _. ., 
 Vic, Cup '•I, mid ilip' 
 I'nru llicrcof, rfiinx-l 
 lively, ill wlileli ilir' 
 re|K'idu<l word»,pliriiirii 
 nnd ieiiiciicu* nrc cuti- 
 tallied. 
 
 \Vt>tl><, rilKAHtl AhD (•KTrKNCM KV'Daril t IKD 
 
 riiK Tii«i<« nv Till* Ai:'i' Ririti.tii. 
 
 Of iho Iiispectom of the! p,.cilon41. — Sub-Str. 
 <'oiiiily Uou^oor tndimry, iindiJDii 6. iiller tin- wordti, 
 ol Kijcii iiiiil >.o Miiiiiy Older "for the uppoiiitmeiit," 
 lOlfirery nii may In- iieccniiiiryi 
 for carry lii({ into elfect nny of 
 llieprovif'iriniiortliiri Act, ur ofj 
 Iniiy oili'T Acioltlie LPKlidniiire 
 i)f lliih I'rovlnci', or of the Inie 
 Province of Cpiii-r Cnniiiln, the 
 lend ion orininnteiiiiiiceursuch 
 llouKCK of Inilnmry, or ul'nny 
 tty-lc'iw or Uy-law'H of the Mii-' 
 iiicip.il t'oiiiiril ofrucli County,' 
 respecliiig the siiinc. 
 
 Liceiibcs to |irocecd. 
 
 1" And the Townrccvr. 
 
 11 I Townrccve. 
 
 I 
 
 11 1 Townrecvc. 
 
 13 For .^lly bucIi Town. 
 
 duty ctectcd, niict tnkeii ilie Oafh of (iualiHrmiun 
 :iiid ' 'Hii-e nil micli 'rownrieve ; And provliled al-o, 
 wcoiiilly, 'I'liiu no I)r|iiily 'J'owiireeve *luill ho <n- 
 tllled to tiike liii i>eat in mucIi Miiniciiml Cuiinril 
 until he nhiill Imve tUed n niiiillnr ceriitfcRie with 
 the Clerk uf siirh Miiiiirlpiil Cou ril, and iilru ii 
 copy of the Collerinrii' ICollorUoll* k. i.iicli 'I'own- 
 »liip, Vilin^je, or Town, lur the previoiiii yeiir, 
 verille.l liy the iilfnliivit or niriniinllon ol the Col- 
 leclor, npiiendcil id or endor»eil U|Kiii snch copy, 
 iiiid nvorii or iidinned liel'oie hOiiie .ln>iire of llie 
 I'eiice for Iho County, to llie ellect Hint the »riliie 
 in II true ropy ol hucIi lt(j|l or Rulln, nnd ihiil It con 
 lliiinmhe ii.nneH ol nil thu I'rcehuldem ii.id liouw- 
 IhoMern In (hk'Ii 'rowiii-hip, Villiige or 'I'own ai" 
 ;! ey nppeiir ii|iuii hucIi lloll or KoIIh. 
 
 , under llic (?orportitc .Seal of luch Coiiniy CouikiI. 
 'one or iiiort* Comity r.njliieer», one or more |i.- 
 iHpertorH of the <'i'»hry lluine of IndiiHiry, one or 
 iiiore Ovcrscerii oi illuhwnyi'. Road Bufveyorii, nir' 
 HHch iiiiil CO ninny other Onicem n» tniir he 'lecf*- 
 |i»ary for cnrryinu into < ll'i-ct nny of rhr pri i. .oim 
 loftliiH Act, or of luiy oiher Act of the lrf'Ki»lniure 
 of lliin I'roviiice, or of the lite Proviii'-e ot' I'piMir 
 ("aiiadn, or ol' nny lly-Iaw or llylawn of the Mii- 
 nicipnl (Council of hucIi Coiiniy, nnd In like innn- 
 ner to (llfpliice nil or nny of them, nnd np|ioini 
 others in iherr room, anil ro a>lil to or diinihixli the 
 niiinlier of i hem, or niiyol tl>eiii, aii ot'ten ax the ha lit 
 Cut pural 1011 alin.M »ee tii. 
 
 to wliicli opponiiion linw liceii made in nrrordaiice 
 |willi the proviKicjiiHOl'lhe Aci panned in the ptenent 
 SeHsion of I'nrliameni, inllniled, "An Act to aii- 
 thorizpihi" lormnlion of Joinl fiiock t'oinpanieii for 
 tlie conjitrnction ol Hondi* nnd other U'l/rku III 
 Upper Canada,'" pt'rniibi'ijii to proceed, 
 
 ,Seclinii4l. — Suh-?ec- 
 llnii l^", lielween the 
 \vordn. " Road or llrldL'e 
 |('oiiipaiiies," and llie 
 vvordii, " wall nny llondH 
 or llriijtfcii within the 
 JurlBdictlon," 
 
 Section .>0. — Uetwepii' And the I'owiirceve nnd Deputy Townrrcvr, 
 the worilii, " n» the .Mij-'where from the niimlicr of frpcliohlerc nnd Iioum;- 
 nicipnlltv of nny Towii- holdern on the Colleciors' Roll, t^iich A'illai!e Mti- 
 slilp filiall linve ill respect nicipniity hhall l,e entitled to elect sncli Uepntv 
 of such 'rowii«lii|i, nnd|'I"ow'!reevc. 
 the word*, "of every iiiclii 
 Villnae," 
 
 Section .W. — Uettvecn 
 the words, " n« the," nnd 
 ihe words, " or o'her 
 Officer*," 
 
 Section TiO. — Retwecii 
 the words, ''and ihe." 
 nnd the words, "of cncli "' 
 
 Townrecvc, Deputy Townreeve. 
 
 Townreevc nnd Deputy Townrecvc. 
 
 It 
 
 Section *.'). — After llipi For nny such Town •. !'■• •. ided always, never- 
 words, " Justices of thCjilieles!', iliat no such .•.ppoMiiinenl shall lie held to 
 " I'eace," jliinlt, deiennine o <.. lersvlse interfere with the 
 
 l.jurisdiction, powers, duties or liatiilliies of the 
 '.liislices of the Peace for the County within which 
 Mich 'I'owii shall le siinaie in respect ol such 'J'own. 
 or iii,( .er, or wiih rei^ptcl lo ofTences conunined 
 \viihin ihe same. 
 
 To he t^ken by the owners or Section Sl. — Suli-Sec-r nnd to compel in a snininary manner Ilie prompt 
 drivers thereof. linn 1, hctween the words p.iymein of ilii- l:uv(iil fare or hire to the own.r or 
 
 "pay c)r hire" and tin? [driver olViicii Horses, Call, llnckney Coach, Oniiii- 
 iwords, " and fof prcvent-dius, t'aris and other Carriages hy the pnrlies hiijins 
 
 'Ri 
 
 : 
 
 ' I 
 
 I t 
 
 ' II 
 
 l"'gl 
 
 or using the saie^. 
 
142 
 
 m 
 
 IS 
 
 ' IK 
 
 s S 
 
 pi 
 
 US 
 
 CORPORATIONS AMENDMENT ACT. 
 
 Woltli.^. I'lIRASKS & SllNTKNrES 
 
 "0 . (IK I'i V'lc, Cap. sI, rkpualku 
 : iiVTUiaAcT. 
 
 i 
 
 1 j ' One Aldcriiian. 
 
 Seclioiis, Hiih-SiJCtioiul 
 niid I'rovisoii, of 1'^ 
 Vic, Cap. y|, and the 
 (larw iliereoi, reB|iL'c- 
 livcly, III wliicli the 
 repealed worcls,()lirnfi;> 
 and sentences are con- 
 tained. 
 
 Section 83. — I!ct\voeii 
 the words "of siicli 
 Ward," and the words, 
 "and two Councillors, 
 
 10 From the time ol'tlie erection! Section 87. — nctwccn 
 'of any Town into a City. the word. " tliat," and 
 
 tlie words"''iny aixi every 
 jComniisjioiiofiliel'eace," 
 
 Words, 1'iirasi£:j and Skntences sl'bstitciku 
 Koii THOSE nv 'I Ills .^ct hki'ealkd. 
 
 17 
 
 IS 
 
 l!y tlie Corporation of such Section S-".— After the 
 'City. iwords, " who i<hall lie 
 
 jappoiiitcd unnually," 
 
 Two .Aldermen. 
 
 the Aldermen ofencli City which shall lie or remain 
 incorporated aa hiicIi under ihe aiiiliority of tins 
 .\ct, shall by virtue of thi'ir rcspeciive otlices Iji; 
 Josiicesof the I'eace in and fort^uch City and tin; 
 Lilierties thereof, and that from Hie time of the 
 erection of any Town into a City. 
 
 hy the Corporation of such City, who nuiy liy 
 lly-law. If llii'y slinll dieiii it expedient so tu do, 
 provide that Hie olliees of lliijli Uailiif and Ciiief 
 Coiisiahle may he united in j^nd held hy tlie Hanic 
 person. 
 
 ' oniccr and Police Maaiftr.'ite Section OS. — BetwecniOflice and Pclico iMaaislrate as provided witli 
 'as provided Willi respect II) iii-ilie words, "besides a respect to iiicorpoiaied Towns as aforesaid, and 
 jcorporaied Towns as afurcsaid.jpolice," and the words.iwhich Police Magistrate shall have the like liutiiM 
 i;inil which sli.ill liiive the like •• Alayi-trates for iticor- 
 Jiliilies and powers in all re 'poraled Towns." 
 :spects ill sucli City and tliei 
 lilierties thereof as is liereinj 
 iliroviiled with respect to the! 
 ll'olice Oiliccrs. 
 
 ]anil powers in all respects in such City aii.l the 
 hilierties thereof as is herein provided with respect 
 to the Police. 
 
 JD i The City Courts and. 
 
 j Section n.>. — Between' ti,o citv Courts or on trials at the TIar of either 
 the words, •• at anyother'gf Her Majesty's Superior Courts of Common haw 
 >liaii," and the worils,|m ■I'QfQmo, or at 
 "the Conns of Assizei 
 Nisi Prius," 
 
 ay I Shall he vested in. and be-i Section 117.— After the 
 
 long tosucli Police Magistrate. 'wcnls, "by the Munici- 
 
 t ipalCorporations thereof," 
 
 i Shall Iiave full power nndi Section 11?.— fletween 
 'authority,uponcoiii|ilaiiit made the words, "under the 
 iio them, or any one of them " authority of this Act," 
 •upon oath, of any riotous or .mil iho words, "and dii- 
 jdisorderly conduct. In the house fine; the period of sucli 
 
 of any Inn or Tavern Keeper. isuspeiision." 
 
 in any such Town or ('ity, loi 
 lenquirc siimniarlly into the' 
 
 iiiatierof such complaint, and{ 
 Ifor the .Mayiir or Police !MaKis-j 
 ilrate of such 'I'owii or City tO| 
 |siiniinoti such Inn or Tavern| 
 
 Keejier to appear, to answer] 
 
 'such complaint, and thereupon, 
 {it shall be lawful for the .Mayor] 
 !or Police Maaistratc, with any 
 itwo.Mdermen or Justices of the 
 'Peace, to investiante tlie same, 
 Mild to dismiss the same with 
 I -osts. to be paid by the com- 
 I plainant, or to convict the said 
 Inn or Tavern Keeper, of hav- 
 ii;s fi riotous and disorderly 
 house, and to abrogate the li- 
 iccuse or to suspend the benefit 
 .of the same, for any period not 
 jexceeiling si.\ty days. 
 
 •M j Of ilie said OHice.— fco Iidp 
 ,1110 Cod- 
 
 Section 127.— After the 
 words, "or other undue 
 "execution," 
 
 shall be vested in and belong to such Police Mn- 
 oistraie, and whenever there shall be no Police .Ma- 
 Hisirate for any such Town or City, such power 
 under such Jly-laws as aforesaid, shall he vested in 
 iiid belong to 1 lie Mayor of such Town or City. 
 
 and the Townreeve of any Township or Village 
 incorporated or to be incorporated iiinler the same, 
 with any two Justices of the Pence for the County 
 or Union ofCounties within which such Township 
 or Village shall be situate, shall have full power 
 and authority upon complaint iiiaile to them or any 
 one of thein, upon oath of any riotous or disorderly 
 conduct in any Inn, Tavern, Ale or Heer House, 
 situate withinsuch Town or Ciiy or the Liberlies 
 thereof, or within such 'J'owiislii|i or Villace res- 
 licctively, to enrjuire summarily into Ihe matter of 
 such complaint, and for such Mayor, Police Ma- 
 i^islrate or 'I'ownreeve to sumini);: the keeper of 
 such Inn, Tavern, Ale or IJeer House, to appear to 
 answer such complaint, and thereiip.jn it shall be 
 lavv|-ul for such .Mayor or Police .Miigistrate with 
 .iiiy two of such .Aldermen or Justices of the Peace, 
 or for such Townreeve with any two of such Jus- 
 tices of the Peace, to inve.'-tlgale the same, and to 
 dismiss the same with costs lo be paid by the com- 
 I'lainani, or to convict the said keeper of such Inn, 
 Tavern, Ale or Beer House of haviiif! a riotous or 
 disorderly house, and to abroqate the license for 
 keepina the same, or to suspend the bcnMit of the 
 same for any period not exceeding sixty nays, with 
 or without costs, as in iheir discretion may seem 
 just. 
 
 of the s.iid ofRcp, So help me God ;" and in defhiilt 
 thereof shall forfeit the sum of 'l"en Pounds to the 
 use of llcr Majesty, Her Heirs and Successor.], 
 hozeilier with such costs of prosecution as shall be 
 'adjudged by the Court, 
 
 W'ORDS 
 no. OK Vi 
 BY TI 
 
 '23 
 
 duly 
 
SCHEDULE A. 
 
 143 
 
 CBSTITCTUD 
 
 lie or rfinnjii 
 lioriiy of (lii» 
 ve ollices Iji; 
 City iiiid tin; 
 
 time of the 
 
 ivlio tuny liy 
 
 fill so tij (id, 
 
 ill" and (Jiiitf 
 
 l)y lliu siiiue 
 
 oviilocl Willi 
 forertiiiil, ail, I 
 le lil<e duties 
 Uity and t|io 
 with resiJt'ct 
 
 lar of either 
 }tniiioii l^au- 
 
 Police Ma- 
 ) I'olice Mn- 
 siich power 
 be vested in 
 or City. 
 
 or Village 
 r the same, 
 tile County 
 I ToH-nslii|) 
 
 full power 
 hem or any 
 r (lisorderlV 
 cer House', 
 e fjiberties 
 'illape res- 
 ! matter of 
 I'olice Ma- 
 ' keeper of 
 ) appear to 
 
 it shall he 
 trato with 
 the Peace, 
 
 such .Iu8- 
 ue, and to 
 f the coni- 
 'siich Inn, 
 riotous or 
 icenee for 
 'lit of the 
 lays, with 
 iiiay seem 
 
 in (leftiHlt 
 ids to the 
 iiccessorp, 
 i shall he 
 
 no. 
 
 •a 
 
 \\ Oltns, PlIRASRS & Skntencks, 
 Of I'i Vic, Cai'. SI, repealed 
 BY THIS Act. | 
 
 Sections, Sub- Scctionii 
 nnd Provii^os, of l"Ji 
 Vic, C:ip. HJ, and the! 
 parts thereof, respec- 
 tively, in which the> 
 re|)ealcd words, phrnsesj 
 and sentences are con-' 
 taincU. 
 
 Words, I'lirASKS and Skntencei* sonsTlTUTiiU 
 
 KOK 'IIIOSK BY 'IIIIS A(;'l HKl'KAIXD. 
 
 'I 
 
 Instances of any Relator hav-- Section 140.— After the 
 ing nil interest as a candidaicj words, "that at the," at 
 or voter in any election to be thecouunenceincntofthe 
 held under the authority of thisl section, 
 .'^ct, a writ of summons in the 
 nature of a quo warranto, shall 
 lie to try the validity of 8i'"h 
 election, which writ shall it' ' 
 out of Her Majesty's Couri 
 dueen's Ucnch for Upper Ca 
 iiada, upon an order of that 
 Court in term time, or upon the} 
 tint of a judae thereof in vaca- 
 tion, upon si'icli Relator shew- 
 ing upon allidavitto such Co 'f . 
 or Judaic, reasonable ttroundsj 
 for siipposina that such election! 
 was not conducted according to! 
 law, or tliat the party elected 
 or returned thereat was not 
 duly or legally elected or re- 
 turned, and upon sucli Relator 
 entering into a recognizance 
 before the said Court or anyi 
 Judge tliereof, or before anyl 
 Commissioner, tor taking bail 
 in such Court, himself in the 
 sum of fifty pounds, and two 
 sureties to be allowed as suf-| 
 licient upon aifidavit, by such| 
 Court or Judge, in the si'inis ot 
 twenty-five pounds etich, con 
 ditioiied to prosecute with eli'cct 
 the writ to be issued upon such 
 order or fiat, and to pay to the 
 party ogainst whom the same 
 shall be brought, his executors 
 or adininistrntors, all such costri 
 as slinll be adjiidgeil to such! 
 party against liim the said Re-I 
 lator, thereupon such writ shall! 
 be issued accordingly : and the! 
 said writ sliall bo returiialdci 
 upon the eighth day after thati 
 on which it shall be served onj 
 such party by the delivery of ai 
 copy thereof to him personally,: 
 or in tlie manner liereinafteri 
 provided for, lefore some one| 
 of the Judges of the said Courti 
 atChambers, which Judge shall] 
 have power, upon proof by! 
 affidavit of such personal nri 
 other service, and he is hereby; 
 required to proceed in ti sum- 
 mary manner upon statement! 
 and answer, and without formal 
 pleadings, to hear nnd deter- 
 Imine the validity of such elcc- 
 flion, and to award costs against, 
 the Re'ntor or Defendant upon' 
 such writ, as he shall deem just ' 
 
 instance of any Relator having an interest os n 
 iiiuiiicipal voter in or for any Township or Villagu, 
 lor ill or for any ward of any Township, Town or 
 ICity, for which any election shall be held under 
 the authority of this Act, or having such interest as 
 a candidate at such election, a writ of summons in 
 the nature of a quo warranto shall lie to try the 
 valiility of such election, and also where it shall 
 be alleged by such Relator that himself or some 
 other person was duly elected and ought to have 
 been returned nt such election, then to try as well 
 tlie validity of the election complained against as 
 the validity of ilic allegeil election of such Relator 
 or other person, both which objects slinll be cm- 
 brnced in the same writ, which writ .'•hall issue 
 out of either of Her Majesty's Superior Courts of 
 Common Law at Toronto, upon an order of such 
 Court in Term time or upon the lint of n Judge 
 thereof in Vacation, upon 8i;ch Relator shewing 
 upon affidavit to such Court or Judge, reasonable 
 uroiinds for supposing that such election was not 
 conducted according to law, or that the party 
 lelecled or returned thereat, was not duly or legally 
 :i'lected or relumed, and upon such Relator entering 
 ■into a recognizance before the said Court or any 
 iJiidge thereol", or before any Commissioner for 
 {taking bail in such Court, himself in the sum of 
 jlil'iy pounds, nnd two sureties to le allowed as 
 sufficient, upon affidavit, by such Court or Judge, 
 111 the sum of twenty-live pounds each, coiulitioned 
 to prosecute with etlectthe writ to be issued upon 
 jsucit order or fiat, or to pay to the party aizaiiist 
 whom the same shall be brought his Kxccutors or 
 .Vilministrators, all such costs as shall be adjudged 
 to such party, against him the said Relator, therc- 
 [iipon such Writ shall bo issued accordingly, and 
 the said writ shall be returnable upon the eighth 
 iday (as on Friday where service shall have been 
 made on the Thursday of the preceding week) 
 after that on uhich it shall be served on such party 
 jby the delivery of a copy thereof to him "^ rsonally 
 or in the manner hereinafter provided lor, before 
 some one of the Judges of either of the said Courts, 
 at Chambers, which Judges shall have power— 
 upon proof by affidavit of such personal or other 
 service— and he is hereby required to proceed in 
 a summary manner upon statement and answer, 
 and without formal pleadings, to hear nnd deter- 
 mine the validity of the cleciion complained 
 against, and where the sufficiency or lesnlity of 
 such otiier eb.'ction shall have been so alleged ns 
 aforesaid then the validity of such last mentioned 
 election, nnd in case of such first mentioned elec- 
 tion being adjudged invalid, nnd such last men- 
 tioned cleciioii being adjudged valid, then by a writ 
 adapted to that purpose, to eauso the person re- 
 turned upon such invalid election to be removed, 
 and the person lawfully elected and who ought to 
 have been returned, to bo admitted in his place, 
 and in case of neither of such alleged elections 
 being adjudged valid, then by a like writ, to cause 
 the person returned upon such invalid election to 
 be removed, and a new election to be held to sup- 
 ply the vacancy thus created, in nil which cases 
 it glial' and may be lawful for such Judge, if the 
 facts in evidence before him render it proper so to 
 do, (o make the Returning Officer at such election 
 a party to such proceedings by a writ of eiimmona 
 to be served upon him for that purpose in the same 
 manner as the writ of summons hereinbefore men- 
 tioned. And it shall and may be lawful for such 
 Judge, and he is hereby required in disposing of 
 
 1 •' 
 
 1' ! 
 
 il. 
 
 
 1 
 
 1' . ri 
 
fll 
 
 i' 
 
 144 
 
 CORPORATIONS AMENDMENT ACT. 
 
 VVonnu, Piirasrs Sc Pentkncks 
 or 12 Vir., C'ah. yi, KErK\i.KD 
 IJY Tuis Act. 
 
 Scetionfi. Sub -Sfctionn 
 and I'rovisoK, of I'il 
 Vic, (^ap. HI, mill llic| . 
 
 part* ttiervor, reside- 'VVoRDS, PiniASRg iNDSuNTKNCFS il'BBTITUTED 
 
 lively, in which tliei roR Tiioat: by '1111.4 Act kki-kalko, 
 
 repealed words, iihrniiesj 
 and 8cniciice8 are con- 
 tained. 
 
 {every such case, to award cosn for or against the 
 Relator or Defendant upon ynch writ or for or 
 ;'again8t the Returning Ofliccr. when he shall be so 
 inmdc a party to sued proceedings as aforcnaid, ai 
 {to such Judge i^hall secni just : Provided alwayti, 
 Innverthelctis, flrndy, That all elections of Mayors, 
 Wardens, Townreeves and Deputy Townreeves 
 shall be deemed Hections within the nicaniiiK of 
 this section ; And provided aUo, secondly. That 
 whenever the grounds of objection ngainst any 
 such election shall apply equally to all or any 
 number of the uienibcrs of any such Municipal 
 Corporation, it shall and may lie lawful for the 
 Relator to proceed by one writ of summons against 
 all such members; and in case of tlic elections of 
 nil the mcmbersof any such Municipal Corporation 
 being adjudged invalid, the writ for the removal of 
 the inemhcrs so adjudged to have been illegally 
 elected and returned, and the admission of those so 
 adjudged to have beon legally elected, shall be 
 idirccied to the Sheriff of the ('onniy or Union of 
 'Counties within the limits of which the locality in 
 |or over which such Municipal Corporation shall be 
 {established, shall be situate, who for the purpose of 
 jcausing at) election to be held under the authority 
 lof this .^ct, shall have all ihe powers and authority 
 hereby conferred upon Municipal Corporations for 
 supplying such vacancies as are occasioned by 
 death ; And provided also, thirdly. That nil sucli 
 original writs of sinninons sliall lie applied for 
 within six weeks after the election complained 
 against, or within one month after the person 
 whose election is questioned, shall liavc accepted 
 >(lic office and not afterwards ; And provided also, 
 {fourthly, that no costs shall be awarded against any 
 ;pcr80n against whom any such writ of summons in 
 [the nature of a guo icarraiUo shall be brought, who 
 Ishnll, within one week after having been served 
 {with such writ, transmit, postpaid, through the 
 iPosiOtlieo, directed to the Clerk of Judties Cham- 
 hcrs at Osgoode Hall, Toronto, n disclaimer of the 
 joffice in the terms, or to the effect following, that 
 Is to say : 
 
 "I, .\. B., upon whom a writ of summons, in 
 the nature of a guo loarranto, has bocn served for 
 the purpose of oonlesting my right to the office of 
 Township Councillor (or as the case may be) for 
 the Township of in llie County of 
 
 (or as the case may be), du hereby ijisclaim the 
 isaid office, and decline (.11 defence of any right I 
 linay have to the same," unless it shall have been 
 jliroved to the satisfaction of such Court or Judge, 
 jlhat such person bad licun a consenting party to 
 iheing put in nomination ns candiilale for liuch 
 lelectioii, in which lattorcnsc, such costs shall !« 
 !in Ihe discretion of such Court or Judge. 
 i And provided also, Fifihiy, That it sliall he the 
 {duly of every such last mentioned person to deli- 
 ver a duplicate of such disclaimer to the Clerk of 
 jthe Municipal Corporation, tlie sent in which sliall 
 be contested, who shall forthwith coinmunicate the 
 the same to the otiier meniliers of such Municipal 
 jOorporatioti ; and provided also, .Sixthly, That in 
 .my such rase it shall be lawful for the .liidpe be- 
 Ifor'e whom such writ of snniinons is rpturnable to 
 jnfford reasonnble time and opportunity for the said 
 Munii-ipal Corporation, or 10 any person eniiilod 
 las a Municipal voter of siicli Cor|)oraiioii, to inter- 
 jvenn and defend the said election Miid return, in 
 ■every which case such intervening party shall be 
 iiiahle and entitleil to costs as any other party IQ 
 sudi proceeding. 
 
 
 Words 
 
 .so. 
 
 ori-i 
 
 
 BYTI 
 
 ■it 
 
 i Hor 
 
 
 aucen' 
 
 
 Inadn, 1 
 
 
 by sue 
 
 
 piirjiosi 
 
 
 lie the 
 
 
 aumiiic 
 
 
 F»ii4an 
 
 ■il 
 
 1 Oftl 
 
 
 ill itac 
 
 •w 
 
 1 And 
 
 
 Bench 
 
 1 
 
 ■il 
 
 : Of f 
 
 
 tion, f 
 
 •i8 ' By I 
 
 •JO 
 
 , Of 
 •p,a C( 
 
 •JO fo 
 
 iviftu 
 
 31 I Of 
 
 'been 
 {not 
 naiiK 
 canil 
 cipn 
 
 lOlflCi 
 
 ,!ie i 
 
 I 
 
 M \ A 
 pissi 
 
L'BBTITUTEB 
 \LF.I>. 
 
 r ngainst tlie 
 rit or for or 
 le fhnll be ao 
 forcitaid, ai 
 ided always, 
 8 of Mayort, 
 'J'ownreeves 
 ! nicaniiiK of 
 coiidly, That 
 aKniiigt any 
 > nil or any 
 li Muiiiciiml 
 wful for the 
 iiotig ngainst 
 eleciloiiB of 
 ("orporatioii 
 u removal of 
 ecn illegally 
 II of those CO 
 id, Pliall he 
 or Union of 
 e locality in 
 lion BhMI be 
 e purpose of 
 ic authority 
 lul auttioritv 
 loratloiis for 
 rasionrd by 
 lint all such 
 applied for 
 roinplnined 
 the perron 
 ve accepted 
 ovided also, 
 ngainst any 
 suiiiinoiiB in 
 ■ought, who 
 been served 
 tliroiiah 4hc 
 daes Cliam- 
 liiner of the 
 owing, that 
 
 immons, in 
 served for 
 
 he office of 
 
 iny be) for 
 of 
 
 «clniin the 
 
 :iny right [ 
 
 havo been 
 
 : or Judge, 
 
 ig party to 
 
 e for iiueh 
 
 Is Khali lie 
 
 lall he the 
 in to deli- 
 e Clerk of 
 liich shall 
 inicntetbe 
 Municipal 
 ', That in 
 •ludpe be- 
 irnable to 
 r the paid 
 II ciiililed 
 , to imrr- 
 I'lurn, III 
 ! shall lip 
 ■ partj- IQ 
 
 SCHEDULE A. 
 
 145 
 
 NO. 
 
 WoRDd, PURAIESJL SkNTR.ICRI 
 
 or I'i Vic, Cai-. el, KKHkALKi) 
 BY Tuit Act. 
 
 fSeclioiiti, Hub-Soclioni- 
 and I'rovmoA, of >'^ 
 Vic, Cup. til, and the 
 part* thereof, reiipec 
 lively. Ml whicli the 
 r«> pealed words, phrmten 
 and sentences are con- 
 tained. 
 
 Words, Puiiasks a!<i> SKXTKKCEi si'sktiti'Tko 
 roR iiiosi: uv tuis Act uti'kALLu. 
 
 '■** I Ilor Majesty's said Court of Section LW.— Iletween The Judges of Her Majesty's two Su|ierior Courtis 
 jftiieeii's Uciich for Upper Cn-|the worils, '' ItT-hnll and of Coujinoii Law at Toronto, cr the majority of 
 Inaila, by any rule or rules to be niay be lawful lor," and them, by any rule or rules to be by them lor ihut 
 by such Court iiinde for ihHtjtlie wordu, " unit to regu- purpose iiiiide from time lo time In Term time, a:» 
 
 |iiir|K)sc, iu Term time, to set' 
 tie the forin» of such writs of 
 mimiiions. Certiorari Mimda- 
 rdiKand Kxecuiion as aforesaid. 
 
 2d ; Of the Court in matters with- 
 in its ordinary jurisdiction. 
 
 •i& I And the Court of Ciueen's 
 Bench for ^'pper Canada, 
 
 •rt 
 
 Of such Municipal Corpora' 
 tion, for the preceding year. 
 
 'JB ' By death or othcryvise. 
 
 ■JO i Of the head of such Munici- 
 .p.d Corporation. 
 
 30 Ho apiiointed, shall hold his 
 ^'^eat in siicli Corporation, by 
 'Virtue of such Appointment. 
 
 SI ! OfCandidatt'!',shall not have 
 'been elected, or if there shall 
 inoi be ill the poll book, the 
 names of a suflicient tinniberot 
 oandldnics to siip|ily iiiiy defi- 
 cipiicy arislii" Croiii refusal of 
 lolfice, or iieijlcrt or refusiil to 
 ■ \io sworn ill, ibeu. 
 I 
 
 ,')'j ! A'.! such duties as may l«" 
 
 Siesigiied to him by any such 
 I>aw or By-Iiaw. 
 
 late" occasion may require, to settle the Ibriiis oi all 
 
 jsucli Writs, whether of ijummons, Ctrtiorarir 
 , Dlandnmus, Execution, or of or for wliutever otlieF 
 jkind of purpose, as aforesaid, 
 
 Section 153.— .'\fter the Of the Courts in matters within tlieir ordinary 
 words, " for the regulu- jurlsdiciiou. 
 lion of the practice." 
 
 Section 1.53.— Between And either of ller Majesty's Superior Courts of 
 the words, '* of which he Common Law mi Toronto, 
 is the Ollicer," ami the 
 words, *' may be uiored." 
 
 Section 104 — Helweeii Of such Municipal Cor|)orntion for the preceding 
 the words, "then ilie'year, or in case of his absence ur the vacancy of 
 Head," and the word^,>uch ollice, then the C'lerk of such Municipal Cor- 
 '■shall furthwith, by war- poraiioii : and in ciiseof tbe like vacancy of such 
 rant," |lnst ineiitioned ottice, any one of the members of 
 
 isucli Municipal Corporation for the preceding year. 
 
 Section 161.— Beiweenl Ky death, a judicial decision against the legality 
 ■ he words, "in any of of any elecikin, or otherwise however, 
 (such .«1unicipal (.'orpo- 
 rations," and the words, 
 ' shall be tilled." 
 
 Pcclion lt).'1. — Between' Of ihe lietidofsnch Municipal ("orporniiioii, or 
 ihe words, "under llie in case of hii»nbsenceor the vacancv of mch other, 
 innd and seal,'' nnd the then (iiuler the hand aiiil ^enl of the Clerk ol riicn 
 words, "provided al-Municipnt Corporniion ; and in case of the like 
 ways." jvacancy of such Inst mentioned otTice, then under 
 
 tlic hand and seal of any one of tlie Menibers of 
 
 such Municipal Corporation. 
 
 Section 10,*).- Betweeni So elected shall hold his scat in such Corporation 
 the words, " that the per- by virtue of such election. 
 ^on," and the words," for 
 the residue" 
 
 Of candidiitei shall noi have been elected, then. 
 
 Section 165.— Between 
 the words, ■' u requisite 
 nuinher," and the words, 
 
 and iu every such 
 case," 
 
 Section n'2.— After the All such duties as may be assigned to him by 
 words, ■'faithfully to per-'nny such Law or U>-Law : Provided always, ne- 
 form" !vertheless, l^irstly. That it Hhall nioreover'be the 
 
 'iluty of every Township, Village and Town Trea- 
 jsiirer, to receive from the Collector or Collectors 
 of such Township, Village or Town, all mone>s 
 Icollecied by such Collector or Collectors for or on 
 liiccoiint of the County Rales, and to pay the same 
 lover 10 the (^^ouiiiy Treasurer within such time na 
 ,iiiny be prescribed by any By-Law of the Munici- 
 pal Council of such County to be passed for that 
 'purpose; And provided also, .Secondly, That the 
 Municipal Co'poration of such Township, Village, 
 or Town, shall be responsible to the Municipal 
 Council of such County, for all such County Kates 
 ns sliall or may be so paid to such Township, Vil- 
 laue or Town Treasurer, who shall, together with 
 his sureties, be responsible to such Municipal Cor- 
 porutiou for tbe same as for tuoiieys received by 
 
 ' (: 
 
 I a 
 
 4" n 
 
 
 W'^ 
 
 
 ■V ■ 
 
 ■ 1 
 
 1 ■ 
 
 
 K. I 
 
146 
 
 CORPORATIONS AMENDMENT ACT. 
 
 1 1 ,1 
 
 NO, 
 
 WoRn«, PnRAMFfi & SKTreNCBs 
 
 OP l*iVlC.,C.\l'.Hl, REPKALKO 
 
 uv TB18 Act. 
 
 Sertioiisi, Sub •Sections 
 I nnil ProviHoi, of t3 
 Vic, Oiip. 81, nnd llic 
 pnriH thereof, rcHpec- 
 tively, in which the 
 rejienled words, plirnses 
 nnd sentences arc con- 
 tained. 
 
 3.3 
 
 Nor on the Itmii* of .my Vil 
 ■l.igc. Town or City therein. 
 
 !=(.'ction I-".— Alter tlic 
 words, "orijiinni .nllow- 
 anri! lor rends in .niiy 
 Townsliip or Cuuiiiy," 
 
 Words, PiiRASES and Sentenck* irBSTiTUTto 
 
 KOR THdSE BV TUIS ACT HEI'EALED. 
 
 -'•^ 
 
 hiin on nccoiint ofthe Township, Villnge or ^wn 
 R.itos respectively t And provid'id also. Thirdly, 
 That every sncli Townsliip, Village or Town 
 Treasurer shall keep un account in his books with 
 iMe County Treasurer, and shall give receipts Tor 
 ill iiioiievri received hy him on account of tlic 
 County, and raccivc from the Treasurer of such 
 County receipts for all such moneys as he sliall 
 pay over to him on account of such CoHnty Rates ; 
 And provided also. Fourthly, That nothing herein 
 contained shall in any way exonerate any such 
 Collector from his liahility or limit his liability to 
 the Afunicipnl Council »l such County for any of 
 the County Rates, whenever they shall choose to 
 proceed aKalni^t him instead of against the Cor* 
 liorationof such City, VillsBe or Town (as the case 
 may he) for the recovery thereoi ; And provided 
 .nlso, Fifthly, That for all Couniy Uaies sorereived 
 and paid over to the County Treasurer, the Towu- 
 ship, Villaceor Town Treasurer shall be entitled 
 to receive nnd take to his own use a per ccntaftc 
 of two and a half per cent, npoii all such County 
 Rates so received nnd paid over as aforesaid, and 
 no more. 
 
 Nor on the limits of any Viliniie or Town, or 
 ll^ity therein, or on the borders thereof: Provided 
 always, nevertheless. Firstly, That it shall and 
 may be biwful for the Mimicipaliiy of any Town- 
 sliip, within which any Police Village or any other 
 Villai^e or llaiiilct consisting of tiot less than 
 twenty dwellim; lionses, standiiij: within an area 
 of not more than two Imndred acre^:, shall be situ- 
 ate, upon tlie petition of the Trustees of such Vil- 
 lage in the case of a Police Village, aud in other 
 cai-'C's upon tlie petition of tifieeii of tlie inhabitant 
 Uou>ehol(lers of such Villnge or Maiiilet, accom- 
 panied by a certiticnti! from the Register of the 
 County within which such Township shall lie, 
 ihnt n plan of such Village or Hamlet had been 
 duly deposiieit in his oHIce according to the then 
 existing requircmenti of the Registry Laws in 
 force in Upper Canada in that belialf, 'by any By- 
 law to be passed by .such Municipality for that pur- 
 (tose, to stop up, sell and convey or otherwise deal 
 with any original allowance for i' jtid that may lie 
 within the limits of such Village or Hamlet, as the 
 same shall be laid down on such plan, in the same 
 manner as the Municipality of any Incorporated 
 Village is empowered to stop up, sell, convey, or 
 otherwise deal with any such original allowance for 
 road within the limits of such Incorporated Village, 
 but subject always nevertheless, to all and singular 
 the directions, limitations and restrictions, and 
 other tlie provi^ions in theoneiiundred and eighty- 
 eighth section of this Act, contained respecting 
 iliesatnc: Provided also. Secondly, That a Village 
 or Hamlet situate partly witliin one Township and 
 partly within another, whtther such Township 
 sliall be within the same or dilFerent Coiititiei, 
 shall be a Villnge or Hamlet within the meaning 
 of tills section, and that in every such case the 
 Municipality of each of such Townships shall 
 have the powers hereby conferred as far as re*' 
 pects any original allowance for Road, lying witiiiu 
 iIkii part of such Village or Hamlet, which ac- 
 cnr<liMg to such plan sode|x>sited in the Registry 
 OlTice or Registry (Jfflces of such County or (touu- 
 ties sli;)ll lie situate within the respective limiii of 
 ■ucli Towiishipi, 
 
 Wl 
 
 Viel 
 
 Uhil 
 
M «1B»TJT0TED 
 
 Village or "Mown 
 oil ol-io, Thirdly, 
 'illage or Town 
 III Ills liooliH with 
 give receiph for 
 _ nccount of tlie 
 "reiiiiurcr of such 
 ney» an he shall 
 li County Rates ; 
 It notliiitg herein 
 iieraie any «uch 
 t his liability to 
 ouiily for any of 
 ' shall choose to 
 igaiiist the Cor- 
 own (as the caee 
 ; And provided 
 laies so received 
 urer, the Towu- 
 shall be entitled 
 le a per centnRc 
 nil snch County 
 a albrcbaid, and 
 
 le or Town, or 
 Teof: Provided 
 »t It shall and 
 ' of any Town- 
 ige or any other 
 
 iiot less than 
 viihin nn area 
 ', shall be pitn- 
 ;s of snch Vil- 
 1 and in other 
 ""? inhabitant 
 let, acconi- 
 [ister of the 
 - •!• simll lie, 
 ilet had beeu 
 '0 the then 
 
 / Laws iD 
 
 'ly any By. 
 
 for that pur- 
 
 the 
 :iiiiK 
 ^egii 
 shi 
 
 St 
 
 try 
 
 therwise deal 
 t that may lie 
 Niiilei, as the 
 I in the same 
 Incorporated 
 . convey, or 
 [illowancefor 
 ■ated Village, 
 and singular 
 ictions, and 
 t and tighty- 
 li respeciina 
 lat a Village 
 wiiship and 
 
 Township 
 
 . ' Couiitiei, 
 
 le meaning 
 
 ch case the 
 
 ishlps shall 
 
 far as rc^ 
 yitiKWithiu 
 
 which a«- 
 •e Registry 
 y orttouu- 
 e limits of 
 
 SCHEDULE B, 
 
 147 
 
 MO, 
 
 34 
 
 WoRW. PiiRAiiEB li, Sentiences 
 or 12 VIC, Cai>. ei, KKrEALEU 
 Bv 'I'Uis Act. 
 
 For tlic stopping up, altering 
 
 Sections, Hub - Seciionir 
 and I'rovisoK, oi Vi 
 Vic, Cap. f 1, and the 
 pans thereof, respec- 
 tively, ill Which the 
 repealed words, phrases 
 aud sentences are coii' 
 taiticd. 
 
 Section 102.— lletwcen 
 the words, " to make any 
 By-law," and the words, 
 "widening or diverting 
 
 M Or bo olrctL'il at thnaniiualj Section 20P.— Between 
 flections of I'll rieli and Town-, the words, "heretofore 
 vhipOlliecrs lur jliad "the right to vote," 
 
 and the words, " the sc 
 vcral Townships," 
 
 30 
 
 Provided also, that where the 
 sysieni of the rrgislralion of 
 votes exists at the paHsiii<; of 
 this Act, in any City or Town, 
 the same shall continue uiidor; 
 the Actor Acts providing snch 
 registration, until altered by any 
 Act asaToresaid ; and proviilcd 
 also, that whether any such new 
 Act lor reynlaiiiig assessineiils 
 lin Upper Canada, fhall or shrill 
 not Iw passed, prior to tills Act 
 coinini! into force, the persons 
 liereinhelbrc describeil, as en 
 •titled to elect and I* elected 
 under this Act, (until such new 
 'AsHCfsinent l/iw shall have 
 passed as arcretinid.) shall be 
 those cniiik'd tu elect and Ic 
 ftlectcJ teepeciively. 
 
 WuRus, Phrases amd Sentences svdstiti'tbd 
 
 ruK THOSE BV THIS ACT llEI'EALEU. 
 
 for the opening, stopping up, altering, 
 
 or to lie elected, re!>iipctively, at the ainiaul Town- 
 ship Elections for IJittrict Coucillors, in 
 
 Section 2lia.— Between Provided always, nevertheless. Firstly, That the 
 the words, "for the year'valne of the propirty tiy the provisions of tins Sec- 
 previous 10 snch elec-jiion, retiuired as the qualification of a 'i'owiiship 
 lion," and tile words. "at'Conncillor, sliall be one hundred, iiibtead of three 
 the first elections to belhniidreii (lounds, as heretofore required for District 
 
 held under this Act.' 
 
 Councillors ; and provided also, i^cconilly, Thnt in 
 the case of nil Township t'oniicillors, it shall. be a 
 ^iitficlent qualification, if in lieu of sucli one hun- 
 dred pounds of real property, lliey sliidi be seized 
 or possessed of real and personal property, which 
 shall, I0i;eilicr, amount to two hundred ' pounds ; 
 .'ind provided also. Thirdly, That in the case of all 
 such Towns and Villages ns are lastly above inen- 
 •loned.every person to be elected a Councillor for 
 iny such Town or Village, shall he seized and 
 ptjssessed to liisown use in fee, of lands atul tene- 
 ments witliin the ('oiiiily or Union of t.'onnties in 
 vvliicli such Town or Villace shall be situate, or 
 within some one or oilier of the (bounties or Unioiis 
 of Counties, next ndjoiiiing such first mentioned 
 County or Union of Counties, of the real value of 
 one hundred pounds currency, over and above all 
 charges and incumbrances due and payable upon 
 or out of the same: and provided nlso. Fourthly, 
 That in the Cities and Towns in which, at the 
 passing of this Act, a provisinn exists for the re- 
 sisiering of votes, the same shall continue and Im 
 in force until repealed, altered or amended by a 
 liy-law of the Corporation of such City or Town -, 
 Provided .ilso. Fifthly, That whether any such 
 ni!W Act for regulating Assessments in Upper 
 U'anada, shall or shall not he passed prior to this 
 Act coming into force, the persons hereinbefore in 
 this section described ns entitled to elect and be 
 elected under this .Act, until such new Assessment 
 I.nw shall have been passed as aforesaid, shall be 
 Itliosc entitled to elect and be elected tesiiectively ; 
 lAml provided also. Sixthly, t''at any Town, the 
 I Alt of incorporation of which . ad been disallowed 
 ior had expired before the first of .lanuary, in the 
 'year of our Lord one thousand eiu'lit hundred and 
 il1f;v, shall be tnxeii and held to be an incorporated 
 iTo'wn within this section. 
 
 SCHEDULE B. 
 
 TOWNS. S«hetiuleB, 
 
 l.—BvtkvnU, Toconsist of all that part of this Province .situate within 
 the County of Hastings, and lying within the following limits, that is to 
 say: 
 
 Commencing at the limits between Lots numbers six and seven in 
 the fi»st ooncession of the Township of Thiirlow, at low water mark of 
 
 i. 
 
 l?H,\l 
 
148 CORPORATIONS AMENDMENT ACT. 
 
 jiciKjilJo II. ilie Bay of Qiiiiite ; thence, northerly, along tho s'ulo line between lots 
 numbers six iunl.sevtiii, to the second concession road ; Ihence, westerly, 
 alonti; the siiid secoiul concession line to the westerly boundiiiy ot' Lot 
 number one in the first concession of Thurlovv ; thence, southerly, on 
 the town line beweeiilho Townships of Thurlowand Sidney, to tiie Bay 
 of Quiiile ; lii.jncu, e;isterly, aloni; the shore of the said Bay to the placii 
 of biji^inniiiir ; to;^Bthei- with the harbour, islands and marshes in front 
 of the said Town. 
 
 The said Town to he divided into four Wards, to be called respec- 
 tively, " Sampson VVaril," " Kelcheson Ward," " iialdwin Ward," 
 and " Coleman Ward," and to comprise the following portions of the 
 said Town respectively, that is to say: 
 
 The said " Sampson Ward " to comprise all that pait of the said 
 Town which lies to the south of Bridge-street, to the limits between 
 f.ots numbers six ami seven in the first Concession of the said Town- 
 ship of Thurlow, on the east side of the River Moira. 
 
 The said *' Ketcheson Ward " to comprise all that part of the said 
 Town which lies north of Bridge-street and west of Pinnacle-street, on 
 the east side of the said River Moira. 
 
 The said " Baldwin Ward " to comprise all that part of the said Town 
 which lies north of Bridge-street and on the east side of Pinnacle-street, 
 to the said River Moira, and thence, along the said River, to the limits 
 of the said Town. 
 
 And the said " Coleman Ward " to'comprise all that part of the said 
 Town which lies on the west side of the said River Moira. 
 
 Ti 
 
 whic 
 
 and I 
 
 ill 
 
 SCHEDULES 
 
 iiubstitutedfor parts of Schedule B of Twelfth Victoria, Chap, Eight \j-onc. 
 
 5. — Cobourg, To consist of all that part of this Province situate within 
 the County of Northumberland, and lying within the following lirnits, 
 that is to say : 
 
 Commencing on the shore of Lake Ontario, at the south-east angle of 
 Lot number fourteen in concession B, in the Township of Plamiiton ; 
 thence, north, sixteen degrees west, to the centre of the first concession 
 of the said township ; thence, south, seventy-four degrees west, to the 
 centre of Lot number twenty-one in the said first concession ; thence, 
 south, sixteen degrees east, to the distance of half a mile from the point 
 at which the said line intersects the margin of the water on the shore of 
 the said Lake ; liience, westerly, through the waters of the said Lake, 
 following the direction of the curvatures, and keeping always at the 
 distance of half a mile from the margin of the water, to a point where a 
 line drawn southerly from the south-east anirle of the said Lot number, 
 fourteen in concession B, meets the said last mentioned line ; thence, 
 northerly, in the direction of the said line so drawn from the said con- 
 cession of the said last mentioned Lot, to the place of beginning. 
 
 The said Town to be divided into three'Wards, to be called respeo- 
 lively, « South Ward," " East Ward," and « West Ward." 
 
 The " South Ward " to comprise all that portion of the said Town 
 which lies south of King street. 
 
 The said " East Ward " to comprise all that portion of the said Town 
 which lies east of the centre of the street between lots numbers sixteen 
 and seventeen, and north of King street ; and 
 
between Io(» 
 ice, westerly, 
 luliiiy ot" Lot 
 southerly, on 
 >y, to the Bay 
 ' to the placji 
 ihea ill front 
 
 lied respec- 
 Iwin Ward," 
 ittions of the 
 
 of the saiit 
 nits between 
 saiil Town- 
 
 of the 8ai(F 
 le-street, on 
 
 le said Town 
 nac le-street, 
 to the limits 
 
 rt of the said 
 
 Eightij'onc. 
 
 tuate within 
 t^ing limits, 
 
 ast angle of 
 Plamilton ; 
 concession 
 v^est, to the 
 n ; thence, 
 mthe point 
 le shore of 
 said Lake, 
 ays at the 
 nt where a 
 ot nnmber, 
 ; thence, 
 said con- 
 
 d respeo- 
 
 said Town 
 
 laid Town 
 rs sixteen 
 
 SCHEDULE B, 
 
 The ** West Ward " to comprise all that portion of the said Town 
 which lies west of the centre of the street between Lots numbers sixteen 
 and seventeen and north of King street. 
 
 l2.—P'u:ton, To consist of all that part of this Province situate within 
 the County of Prince Edward, and lying within the following limits, 
 that is to say : 
 
 Commencing on the south side line of lot letter A, at a distance of 
 fifty chains from the front of the lot ; thence, across the said lot, and 
 across lot number one, north sixty-four degrees forty-five minutes east, 
 to a post planted on the limit between lots numbers one and two in the 
 first Concession, north of the Carrying-Place ; thence, at a right angle 
 across lots numbers two, three and four in the said Concession ; thence, 
 along the north-east side of Lot number four, to the Bay ; thence, 
 directly across the Bay to the line between lots numbers seventeen and 
 eighteen in the first concession east of the Carrying-Place ; thence, 
 along the water's edge, to the limit between lots numbers nineteen and 
 twenty in the said Concession ; thence, along the limit between the said 
 lots in a south-easterly directio;i, twelve chains ; thence, at -«ght angles 
 across the easterly half of lot number twenty ; thence, .n a south- 
 eaaterly direction along the centre of the said lot number twenty, nine 
 chains, more or less, to the east side of John-street ; thence, along the 
 east side of Jotui street, thirty chains ; thence, north eighty degrees 
 twenty minutes west, fourteen chains, forty links, more or less, to the 
 east side of Chuich-street ; thence, south, twelve degrees forty-five 
 minutes east, one chain, sixty-five links ; thence, south, forty-nine 
 degrees fifteen minutes west, fifteen chains, fifty links ; thence, south, 
 thirty-two degrees west, to the north-eastern limit of lot number one in 
 the Concession .-outh-east of the Carrying-Place ; thence, north, eighty 
 degrees twenty minutes west along the north-east side line of the said 
 lot number one to the front of the lot; thence, north, eighty-seven 
 degrees forty-five minutes west, sixty chains, more or less, to a post on 
 the limit between lots numbers twenty-one and twenty-two in the third 
 Concession, military tract ; thence along the westerly side line of the 
 said lot number twenty-two, twenty-four chains, seventy-four links, 
 more or less, to lot letter A. aforesaid; thence in a direct line, to tlie 
 place of beginning, — including the Harbour in the above-mentioned 
 boundaries. 
 
 13. — Port Hope, To consist of all that part of this Province situate 
 within the County of Durham, and lying within the following limits, 
 that is to say : 
 
 Composed of Lots numbers four, five, six, seven and eight, and the 
 east half of Lot number nine, in the First Concession of the Township of 
 Hope, and the broken fronts of the said Lots and half Lot, together with 
 all those parts of Lots numbers four and five, in the second Concession 
 of the said Township of Hope, with the road allowance between the said 
 first and second Concessions, and butted and bounded as follows, that 
 is to say : 
 
 Commencing in rear of the first Concession, at the north-east angle 
 of Lot number four, in the first Concession; thence, in a northerly 
 direction, across the said allowance for road, to the south-east corner of 
 Lot number four, in the second Concession ; thence, northerly, along the 
 easterly side of the said Lot number four, in the second Concession 
 fifteen chains; tlisnce, westerly, in a course parallel with the front of 
 the said second Concession, twenty-five chains ; thence, southerly, in a 
 course parallel with the said east line of Lot number four, in the 
 second Concession aforesaid sixteen chains, more oi less, to the rear 
 line of the first Concession ; thence, easterly, along the rear of the first 
 
 149 
 
 „i 1 ■ 
 
 
 11 
 
 «: II 
 
 in It 
 
 
 ■WA 
 
160 CORPORATIONS AMENDMENT ACT. 
 
 Concession, to the place of beginning; and also, the w.iler in front 
 thereof to the distance of one quarter ofa milo into Lake Ontario. 
 
 Tlie said Town to be divided into three Wards, to be called respec- 
 tively : First Ward, Second Ward and Third Ward, and which Wards 
 are to comprise the following portions of the said Town respectively, 
 that is to say : 
 
 The saiil First Ward to comprise all that part of the said Town which 
 lies east of the River. 
 
 The said Second Ward to comprise all that part of tho said Town 
 wliich lies west of the River and south of Wahon Street, continiied 
 westerly by Ridoiit street and the front of the Lake Shore Road to the 
 western limit of tlie said Town. 
 
 Antl the said Third Ward to comprise all that part of the said Town 
 whicii lies west of tlio River and north of Walton Street, contiiaieti 
 Westerly by Riiloul Street and the said front or Lake Shore Road, to 
 the western limit of the said Town. 
 
 14. — Prescolt, To consist of all that part of this Province siti-,a,; 
 within the Couf.ty of Grenville, and lying within the following limits, 
 that is to say : 
 
 CommencinjT at thesonth-eastern angle of tho Township oi .\nonsta ; 
 ihenee, north, ivventy-lour decrees west, to the rear of the /irst Conces- 
 sion of the said Township ; thence, south-westerly, alon;: the Concession 
 line to the limit betv-eeii the east and west half of Lot nnmlier live, in 
 the first Ccneessinn of Angnsta aforesaid: thence, south, twenty-four 
 degrees, east, to the Itiver Saint Lawrence ; thence, north-easterly, 
 along the water's edge, to the south-eastern angle of the said Township, 
 to the place of begiiniing, and shall take in so much of the waters of the 
 River Saint Lawreinie and the land under the wharves and iiuildings 
 built in such waters as lie within three hundred yards in everv direction 
 of the edge in front of the present limiis of the said Town of I'rescott. 
 
 The said Town of Prescott to be divided into three wards, in the 
 following manner, that is to say : 
 
 All that part of the Town on the south side of the Queen's highway 
 shall compose the South Ward. 
 
 All that part of the Town on the east side of the Street called Centre 
 Street, leading from the Queen's Highway to the rear line of the said 
 Town, shall compose the East Ward. 
 
 And all that part of the Town on the west side of the aforesaid Street 
 called Centre Street, shall compose the West Ward. 
 
 15. — Saint Catharines, To consist of all that part of this Province 
 situate within the County of Lincoln, and lying within the following 
 limits, that is to say: 
 
 Commencing at the north-east angle of Lot number fifteen, in the 
 fifth Concession of the Township of Grantham ; thence, south-westerly, 
 along the road as now laid out, one hundred and fifty chains, more or 
 less, crossing the Welland Canal at Ranney's Mills, to the western 
 limit of the Welland Canal Lands ; thence, southerly and easterly, 
 along the Welland Canal boundary until it intersects the allowance for 
 road between the sixth and seventh Concessions : thence, south, sixty- 
 five degrees west, alonsr the rear of the sixth Concession, to the limit 
 between Lois numbers nineteen and twenty ; thence, south, crossing the 
 main road to Hamilton, five chains; thence, north, sixty degrees east, 
 more or less, until it intersects the allowance for road between Lots 
 numbers fifteen and fourteen; and thence, north, along the said allow- 
 ance, more or less, to the place of becinninir. 
 
 The said Town to be divided into three Wards, to be called rpsp(:HJ- 
 lively, Saint Thomas Ward, Saint George's Ward and Saint Paul's 
 
rater in fronl 
 Ontario, 
 alleil respeo- 
 which VVarila 
 respectively, 
 
 Town which 
 
 10 said Town 
 
 3t, conliniied 
 
 lioail to tho 
 
 le said Town 
 !t, contiiined 
 lore ]{oad, to 
 
 .'iiice ."itrfv;." 
 owing limits, 
 
 ' 01 .\nonsla ; 
 first Conccs- 
 eCoiicoiision 
 mlier Jive, in 
 , twenty-four 
 )rth-easterly, 
 d Township, 
 u'ateis of ihe 
 nd buildinss 
 ?i'v direction 
 f I'lesi-olt. 
 ards, ill the 
 
 I's highway 
 
 died Centre 
 of the said 
 
 csaid Street 
 
 is Province 
 foliowin:; 
 
 een. in the 
 i-westerly, 
 ns, more or 
 lie western 
 lI easterly, 
 owance for 
 )uth, sixly- 
 1 the limit 
 •ossingthe 
 zrees east, 
 ween Lots 
 •aid allow- 
 ed rpspec- 
 lint Paul's 
 
 SCHEDULE D. 
 
 Ward, nnd to comprise the following portions of the said Town respec- 
 tively, that is to say: 
 
 Tlie said Saint Thomas Ward to comprise all that part of the said 
 Town which lies within the following limits : 
 
 Commencing at the south-westerly angle of the said Town ; tlience, 
 north, until it intersects tlio allowance for road between the sixth and 
 "seventh Concessions of (.Jranlham ; thence, north, sixty-live degrees, 
 east, along the said allowance to the Welland Canal; thence, down the 
 said Canal, to the northern and western limit of the Welland Canal 
 Lands ; thence, easterly, across the said Canal until it intersects the 
 main road at the north-weslern boundary of the said Town ; thence, 
 north-easterly, along the said boundary until it intersects Ontario Street ; 
 thence, up the said Street until it intersects Saint Paul Street ; thence, 
 southerly on the said Street until it intersects the Concession line between 
 the sixth and seventh Concessions; ihence, north-easterly, on the said 
 line until it crosses the Welland Canal ; thence, up the said Canal until 
 it intersects the eastern boundary of the said Town ; thence, south, on 
 the said boundary until it intersects the south-easterly angle of the said 
 Town ; thence, north-easterly, to tlie place of beginning. 
 
 The said Saint George's Wavd to comprise all that part of the said Town 
 which lies within the following limits : 
 
 Commencing fit the corner of Saint Paul and Ontario Streets; thence, 
 clown the boundary of Ontario Street lo the north-westerly boundary 
 line of the said Town ; thence, north-eastprly, on the said boundary, to 
 the north-east angle of the said Town; thence, south, until it intersects 
 Saint Paul Street ; thence, up the said Street, to the place of beginning. 
 
 And the said Saint Paul's Ward to comprise all that part of the said 
 Town which lies within the following limits: 
 
 Commencing at the intersection of Saint Paul Street with the eastern 
 boundary of the saiil Town ; thence, south, until it intersects the 
 boundary of Saint Thomas Ward on the Welland Canal ; thence, down 
 ihe said Canal until it intersects the line between the sixth and seventh 
 Concessions; thence, north, up the said Concession line until it intersects 
 Saint Paul Street ; tlience, westerly, up the said Street, to the place of 
 beginning. 
 
 SCHEDULE D. 
 
 Towns with Municipalities only, or without any Municipal 
 
 organization. 
 
 FIRST DIVISION. 
 
 1. Amherstburgh, 
 
 2. Chatham, 
 
 3. Guelph, 
 
 4. Perth, 
 
 5. Simcoe, 
 
 6. Woodstock. 
 
 SECOND DIVISION. 
 
 1. Barrie, 
 
 2. L'Original, 
 
 3. Queenston, 
 
 4. Sandwich. 
 
 161 
 
 M'' 
 
 U 
 
 I 
 
 I i'l 
 
 I; 
 
 ' 1 .■'' 
 
 M 
 
 w 
 
 
 ft- . 
 
 
 m 
 
 l!« 
 
 11 ( 'I 
 
ll' 
 
 CLAUSES 
 
 or THE 
 
 CORPORATIONS ACT 
 
 AMENDED BY THE l'OREC;01NO SCHEDULES, 
 
 R B N D K R E n IN F [• I.L AS A M E N D K D. 
 
 has boe 
 tlio pre 
 formatic 
 other w 
 or Britlj 
 of after 
 tion of 
 entitle 
 of all e? 
 
 per 
 
 tilli 
 
 [The]>arts oC the folloviii g Clautff within Jhacieti arr the Amendments made to 
 the dailies of the original Act, 12 Yic, Cap. 81, in accordance with uhich the 
 following Sections are numbered. '\ 
 
 Any TowfiihiP 
 iliviiion inio Ku- 
 ril Ward* may 
 lir altered. 
 
 rrjvmo M 10 
 H) l,«w for al- 
 tering It. 
 
 When a Town - 
 Hhip united to 
 niiothcf •hull he 
 iHcorvoraleii by 
 uneir. 
 
 A|ipoiiiincnt of 
 AsNOdbom and 
 C'oltccior». 
 
 'rerin of Offlci". 
 
 Ai (0 Viicancics. 
 
 JointStockPosd 
 Coin(«nie>, ■;. 
 
 Srx.VIII. Anil be enacletl, That it shall and may be lawful for the Muni- 
 cipality of each Town;»hipfiom time to time by any By-,'awor By-laws to 
 be passed for thai purpose, [to divide such Townships into several VVanis, 
 or where the same shaii have been previously so divided by Act, either 
 of the District or County Municipal Council, or t.f the Municipality of 
 the Township, then to divide the same anew into several wards as atore- 
 said, arranging or] re-arranging the same, so as more effectually to 
 accomplish the objects aforesaid, every which division by such 
 Municipality shall supersede that so to be made by such District or 
 County Municipal Council, as well as every previous division made by 
 such Municipality itself; Provided always, nevertheless, that no such 
 first mentioned By-law shall be of any force or effect unless the earae 
 shall have been passed by a vote of jit least four fifths of the tnembera 
 of such Muiucipality for the time being. 
 
 Sec XVI. And be enacted, That whenever any Township so attached 
 or united to another shall have within it [one hundred] resident free- 
 holders and householders on theCollector's Roll, such Township shall5[for 
 the year next but one following] the making up such roll and thence- 
 forth be incorporated by itself, and such Township, and that to 
 which it shall have been so united shall thenceforth, to all intents and 
 purposes whatsoever, be held and considered as separate Townships. 
 
 Sec XXVIII. And be it enacted, That the Mun npality for each Town- 
 ship shall, so soon as conveniently may be after their own election or 
 appointment, nominate and appoint [such and so many Assessors and 
 Collectors for the said Township as shall or may be permitted or pre- 
 scribed (as the case may be) by the Laws for the assessment of propertv, 
 and the levying and collecting of rates for local purposes, in force in 
 Upper Canada for the time being,] and that the said Assessors ami 
 Collector shall hold office froni the time of their appointment respec- 
 tively, until the third Monday in January of the year next after their 
 appointment as aforesaid, and until the Municipality of such Township 
 shall appoint new Assessors or r, new Collector in their place, or in the 
 place of any one of them, and in case of a vacancy in the office of ariv 
 Assessor or Collector by death or removal of residence from the Town- 
 ship, the Township Municipality shall fill up the vacancy by a new 
 appointment, at its then next meeting, or as soon thereafter as conveni- 
 ently may be. 
 
 ;XI. Scvenfeenthlit. For re2ulatin£r th 
 
 )EC. 
 
 associated Joint Stock Koad or Bridge Companies, [to which 
 
 ann.?rof grantinifto 
 opposition 
 
CT 
 
 ES, 
 
 ndmtnts mndt to 
 ! with uhiih tke 
 
 ulfortheMuni- 
 V or By-laws to 
 several Wards, 
 I by Act, either 
 'lunicipality of 
 wards us atore- 
 
 effeclually to 
 sion by such 
 icli District or 
 ifsion made by 
 !, that no such 
 loss the name 
 
 the tnembera 
 
 hip so attached 
 
 regident free- 
 
 iship shall, [for 
 
 and thence- 
 
 arid that to 
 
 M intents and 
 
 Townships. 
 
 ur each Town- 
 
 wu election or 
 
 Assessors and 
 
 milted or pre- 
 
 nt of property, 
 
 in force in 
 
 Assessors and 
 
 nient respec- 
 
 xt after their 
 
 ich Township 
 
 ice, or in the 
 
 office of any 
 
 irn tlie Towii- 
 
 y by a new 
 
 T as conveni- 
 
 of granting to 
 eh opposition 
 
 CLAUSES OF 12 VIC, CAP. 81, AS AMENDED. 
 
 has been made in accordance with the provisions of the Act pasf<ed in 
 the present Session of Puiliamuiit, intituled, "An Act to authorize the 
 formation of Joint Stock Companies, for the construction of iioads and 
 oilier works in Upper Canailu," permission to proceed] with any Koads 
 or Bridf^es within the iurisdiction of such Municipality, and the manner 
 of afterwards nscertainin<5 and declaring according to law the comple- 
 tion of the works undertaken by such Companies respectively, so as (0 
 entitle such Incorporated Companies to levy lolls upon such works, ami 
 of all examinations, oiMpiiries and investigations necessary for the pro- 
 per, efricient and judicious exercise of such power. 
 
 Sue. XXXI. Tivcnly-ninthlij, For the imposing and collecting by 
 distress and sale of the goods and cliattels of the olfender or od'enders rea- 
 sonable penalties and lines not exceetling in any case five pounds, cur- 
 rency, and .easonable punishment [by imprisonment either in any Lock- 
 up House in any Town (tr Village situate within the Township or in the 
 County Gaol or House of Correction for any period] not exceeding twenty 
 days, for the breach of all or any of the By-laws or regulations of siicli 
 Municipality. 
 
 Sec. XXXIII. And be it enacted, That the Townreeves and Deputy 
 Townreevus of the several Townships, Villages and Towns within each 
 County sliall constitute [the Municipal Council for such County : Pro- 
 vided always, n'^vcrlheless, (ir.'«tly, That no Townreeve shall be entitled 
 to take his seal in such Municipal Council, nntil he shall liave filed 
 with the Clerk of such Municipal Council, a certificate under the hand 
 and seal of the Town Clerk of the Township, Village or Town for which 
 lie shall be entitled to sit in such Municipal Council, of his having been 
 duly elected, and taken the oath of (jualificition and oflice as sucii Town- 
 reeve ; And provided also, secondly, That no Deputy Townreeve shall 
 be entitled to take his seat in such '.Municipal Council until he shall have 
 filed a similar certificate with the Clerk of such Municipal Council, and 
 also a copy of the Collectors' Roll or Rolls for such Township, Village 
 or Town, for the previous year, verified by the affidavit or afiirmation of 
 the Collector, appended to or endorsed upon such copy, and sworn or 
 aflirmed before some Justice of the Peace for the County, to the effect 
 that the same is a true copy of such Roll or Rolls, and that it contains 
 the names of all the freeholders and householders in such Township, 
 Village or Town, as ihey appear upon such Roll or Rolls ] 
 
 Sec. XLI. Sixthljj. For the appointment [under the Corporate Seal 
 of such County Council, one or more County Engineers, one or more In- 
 spectors of the County House of Inclnstry, one or more Overseers of High- 
 ways, Road Surveyors, and such and so many other Oflicera as may be 
 necessary for carrying into effect any of the provisions of this Ac' or of 
 any oilier Act of the Legislature of this Province, or of the late Piovince 
 of Upper Canada, or of any By-law or By-laws of the Municipal Coun- 
 cil of sucli County, and in like manner to displace all or any of them, 
 and appoint others in their room, and to add to or diminish the number 
 of them, or any of them, as often as the said Corporation shall see fit.] 
 
 Sec XLI. Eighteenthly. For regulating the manner of granting to 
 associated Joint Stock Re .d or Bridge Companies, [to which opposition 
 has buen made in accordance with the provisions of the Act passed in 
 the present Session of Parliament, lutituleu, "An Act to authorize the 
 formation of Joint Stock Companies for the construction of Roads and 
 oilier works in Upper Canada," permission to proceed] with any roads 
 or bridges within the jurisdiction of such \Tunicipal Council, and the 
 manner of .erwards ascertaining and declaring according to law the 
 completion of the works undertaken by such Companies respectively, 
 so as to entitle such Incorporated Companies to levy tolls upon such 
 
 Ti^?, 
 
 Vint* .itiil 
 PeiiultitH. 
 
 TOWlUl'l'VfB c( 
 
 Towiii<liit>«i anil ' 
 Ilcputii's. ttc, (0 
 form the M..i.i>'i- 
 pal Cciiiiicil ( r 
 Kucli Cuuiily 
 
 AppointmtMii o( 
 County Officers. 
 
 GrnntinglicpiKff 
 10 Roiiilor UricJ|;v 
 Companies. 
 
 iR I J i{ 
 
 rll 
 
 111 
 
 1 
 
 I 
 
 v 
 
 i '1 
 
 ^ 
 
 m 
 
 1.,'!: «, 
 
 ii'i 
 
 n 
 
 3 
 
 ''1 1 
 
 f 
 
 
154 
 
 Dutio* .111(1 linhil- 
 
 llJl'n 01 MllllH'l- 
 
 |i,iliiit'!i tjl" liii*ur- 
 |ioriiifil Villniii'ii 
 10 U' mriiil.ir |ij 
 ilio»t' ot 'I'dwii- 
 •lii|> :>luiii<-i|i:ili- 
 lit'l. 
 
 I'owcr ol (iijver- 
 nor IK to n|i|iuiiit- 
 jnciit ol J. 1'. not 
 
 • iVuciril. 
 
 CORPORATIONS AMENDMENT ACT. 
 
 works, and of all examinations, untjuiriefi and investigations nc^fnnt t 
 for iho propor, uflicicut and judicious exercise of such power. 
 
 Skc. LIX. And bo it enacted, Tliat the Municipality of every «u 
 Villairo shall bo formeil in like manner as iho Miniicip.iiily of any Tout 
 slii(), and shall have all such powers, ikilics and liabilities within ant' ii. 
 respL'cl of such VillaLro as the .Municipality of any Township shall have 
 ill rcspoct of such Township, [and tin; Townreove and Deputy Town- 
 roevu, wlit.MO from tlttj number of fieoholdeis and hoiisioholilers on the 
 Collectois' Roll, such Villni,'e Municipality shall bo etititletl to elect 
 such Deputy Townieeve] of every such Village, and the oilier Oflicei.-i 
 thereof, siiall liavo like powers, liulies and liabilities within and in res- 
 pect lliemof aM the [Towiireove, Deputy 'i'owureove,| or other Otlicors 
 of any Township shall have within aiul in respect of .such Township, 
 anil llio [Townreove and Deputy TownreeveJ of each of such Villa^ies 
 shall bo a Member of the Municipal Council of the Comity in whicli 
 the same is siluatetl. 
 
 Skc. IA'XV. And bo enacted, That noili 
 
 l..vor» stabli' 
 l.':(.'ii*i'3, ice. 
 
 I'ul.lie convey- 
 
 Klci'tioii ol two 
 .Miltriiicii .■iinl 
 > wo t.'nuiicillors 
 I jr I'.-icli Ward ; 
 ■•0|i.L's of I'ullec- 
 I jr'.- rolls, to lie 
 fiirnlslii'ii, &.C, 
 a." ill Tow Hi. 
 
 ProviKj . :M,-iyor 
 I J lict'lc'clfit I'roMi 
 .tinong Aliler- 
 men. 
 
 f'lovl-o : qiialin- 
 r^tlou of Alder- 
 iiion. 
 
 :c. L,\AV. And DO enacted, mat nouiini; in this Act contained 
 shall be coiistriieil to limit the power of the (loveriior of tins Province to 
 appoint nmler ihu (ireat Seal iheifof, any number of .lustices of the 
 Peace [lor any such Town: Piovidinl always, nevertlieless, that no 
 such appointment shall bo hekl to limit, determine or ollierwiso inter- 
 fere with the jurisdiction, powers, duties or liabilities ol the Justices ot 
 the J'eaco for the County within which such Town shall be situate in 
 lespt'ct of such Town, or in, over, or with respect to oti'ences' cointnittei! 
 within the same. J 
 
 Sicc. lAXXi. Foarthlij. For ret,ni!alin;.r and licensinj,' the owners ol 
 Livery Stables, Jlorses, Cabs, Hackney-coaches. Omnibusses, Carts and 
 other Carriii^'cs used for hire in such Town, and for eslablisliing the 
 rates of pay or hire, [ami to compel in a summary maniiur the prompt 
 payment of the lawful fare or hire to the owner or driver of sucli Horses, 
 Cab, Hackney Coach, Omnibus, Carts and other CarriLi;!j;es by the parties 
 liiring or usiii;,' the same,] and for preventiny rimners, sta^e-d rivers and 
 others in the streets or public places from solicifiun: and teasing pass- 
 yers and others to travel in any boat, vessel, stasre or vehicle. 
 
 Sec. LXXXni. And be it enacted, That for every Ward within the 
 limits of any such City, there shall bo cliosen by the male resident free- 
 holders and houscholdtns of such Ward, [two Aldermenl and two Coun- 
 cillors for such Ward, for which purpose copies of the Collector's Rolls 
 shall be furnished, verified and procured by the like persons and within 
 the like limes as is hereinbefore provided with respect to Towns; and 
 the Common Council of each such City shall be formed of such Alder- 
 men autl Councillors in the same manner as the Town Council of any 
 euch Town shall have in and with regard to the same, and all the rules, 
 re^'ulations, provisions and enactments contained iu this Act, as applied 
 to incorporated Towns, by way of reference to those ])rovided for Incor- 
 porated Villages or otherwise, shall apply to each of the said Cities: 
 Provided always, firstly, that the Mayor of every such City shall be 
 elected from among the Aldermen thereof; and provitled always, 
 secondly, that no person shall be qualilied to be elected an Alderman for 
 any such Ward who shall not at the time of the Klection be seized, to 
 his own use, of Keal Estate held by him in fee simple, or in freehold, 
 within the City for which lie is elected or the liberties thereof, of the 
 assessed value of live hundred poinids, or unless he shall be a Tenant from 
 year to year, or for a term of years, of Ivcal Property within such City or 
 the liberties thereof, at a bona fide rental of sixty pounds per annum or 
 upwards, or shall be in the receipt of si.xty pounds or upwards, of yearly 
 rent or profit accruing from or out of Real Property within such City or 
 the liberties thereof; and provided always, thirdly, that no person shall 
 
 be III! 
 iit iliif 
 
 be a 
 
 witiiil 
 nouni 
 
ions ncpuKit. t 
 Dwer. 
 
 of ovory nu 
 ;y ofany Tout' 
 ■s within niit' ii. 
 "iliip shall lirtvt; 
 Deputy Town- 
 'holil(,T,s on the 
 iititletl to ulecl 
 » other ()HlcL'i.< 
 liiii and in res- 
 
 othor Ofiic'ors 
 ich Township, 
 
 such Vina;;os 
 iiiity in whicli 
 
 Act contained 
 
 IIS Pmvinco to 
 lustiees of the 
 oless, that no 
 licrwiso inter- 
 lio Justices of 
 I be situate in 
 2ua committed 
 
 lliu owners o{ 
 'ses, Carts and 
 labli.shing the 
 Jr tlio prompt 
 r such Horses, 
 by the ])arties 
 4e-(lriversaud 
 teasiny pass- 
 eie. 
 
 id \yithin the 
 
 resident free- 
 lul two Coun- 
 lector's Rolls 
 IMS and within 
 
 Towns; and 
 f such AJder- 
 luncil of any 
 
 all tile rules, 
 L't, as appjieil 
 led for Incor- 
 
 said Cities : 
 J^ity shall be 
 itled alwa)-s, 
 Alderman for 
 ^e seized, to 
 
 in freehold, 
 jreof, of the 
 Tenant from 
 
 such City or 
 M' annum or 
 Is, of yearly 
 uch City or 
 person shall 
 
 CLAUSES OF U VIC. CAP. 81, AS AMENDED. 
 
 be (jualitiod to bo elucteil a Councillor for any such Ward, who shall not, 
 rtt llio linii) ot hifi Kloction, bo in like nianner sni/od to his own use of 
 t'ku 'foal Kstiito to tho value of three hundred iHiunds.oniiilotis lie s 
 
 155 
 
 llUi 
 
 boa Tonaul Iroiii year to year or for a term of years, of Ht.al I'ropeity 
 withiii such City or tho liberties ihereot, at a honu Jidr rental of thirty 
 pounds per aiiiiuni or upwards, or shall 1)0 in the receipt of thirty pounds 
 01 upwards of yearly rout or prolit accruiujj from or out of Heal Property 
 within such City or the liboities thereof; and provided always, fourthly 
 and lastly, that the Aldermen and Councillors at'(Mtjsai<l, shall be chosen 
 by the male iuhabilants heiii;; either freeholders or householders who 
 shall be entered on such Uoll and who shall contiiiiio to reside within 
 such AV'anl at tho time of the KletiUon, and who shall appear upon the 
 said Roll to have been assessed einier as Proprietors or Tenants for a 
 liouse or for land, or for botii, to the value of lifty pounds, ami by none 
 other. 
 
 iSKc. LXXXVH. And be it enacted. That [the Aldermen of each City 
 which shall he or letnain incorporated as such under the authority of 
 this Act, shall by virtue of their respective offices be Justices of the 
 Peace in and tor such City and the liberties thereof, a\id that from tho 
 time of the erection ofany Town into a City,] any and every Comniis- 
 frioii of the I'eace, that may have been issued lor such Town shall cease 
 ami ilefeniiiiie. 
 
 Skc. LXXXVHI. And l>e if enacted. That there shall bo in and for 
 each of tho Cities which sliall be or remain iucorporatc.'d as such under 
 the authority of this Act, h;jsides a Chief Constable, as provided with 
 respect to iiieiirporafed 'I'owns as aforesaid, one lli^di Uailill", who shall 
 bo appoinied aunuaily [by the Corporation of such City, who may by 
 By-law, if thev shall deem it expedient so to do, provide that t!ie ollices 
 of High Ikiililf and Chief Constable may be united in and held by th« 
 same person.] 
 
 Skc. X'CIII. And be it enacted, That besides a Police [Oflice and 
 Police Mairistrnte as provided with respect to incorporated Towns .'is 
 aforesaid, and which Police Mauistrate sliall have the like duties and 
 powers in all respects in such City and the liberties thereof as is herein 
 provided with respect to the Police] and Maoist rales for iiicoiporated 
 Towns as aforesaid, there shall moreover be a Court of Record in each of 
 the Cities, which shall bo or remain incorporatetl as such under the 
 authority ot this Act, which Court shall be called the Recorder's Court 
 of such City, and wherein the Reconier for the time beinu shall preside, 
 assisted by one or more of the Aldernieii of such City, or in the absence 
 of such Recordin- from sickness or other causes, or when there shall be 
 no Recorder, theMayor oroneof tho Aldermen of such City, to be elected 
 by the Aldermen from among 'hemselves, shall preside ; and that such 
 Court shall in all cases possess the lilce powers and have the like juris- 
 diction as to crimes, ollenees and misdemeanors committed in such City 
 and the liboities thereof as the Courts of Quarter Sessions of the Peace 
 now h.ivo or liereaftcr may have by Law in Upper Canada, as to crimes, 
 ofl'eiices ami misdemeanors committed within their local jurisdiction, as 
 well as in all those matters of civil concern not belonging to the ordinary 
 jurisdiction of a Court of Justice, as have been or may hereafter be by 
 Law vested in such Courts of Quarter Sessions of the Peace. 
 
 Sec. XCV. And be enacted. That the inhabitants of every such City 
 erected or to be erected under the authority of this Act, and of the liber- 
 ties thereof, al all times after the passing of tb.is Act, or after the first 
 day of January next after the end of the three calendar months from the 
 teste of the Proclamation erecting such City, as the case may be, shall 
 be exempt from serving on Juries at any other than [the City Courts or 
 
 I'rcjvmu qunlifi- 
 i-uiuii of C'ouu- 
 cillors, 
 
 Qiialiflefition oi 
 clvctom. 
 
 ComininiilonM of 
 llic I'tiirc to 
 ci'ajr iiri I'roctiuii 
 of u Ciiy. 
 
 ('iiii'r('f)tismlil. 
 
 mill lli;.'ii tirtilill 
 to lie a!i|ioiiitLM. 
 
 A Ri.'corilor's 
 Coiiri 10 lu'cstnb- 
 lldlicd lor each 
 iJily. 
 
 Who sli!il! (.tc- 
 siciu ill it. 
 
 Jurisiliclioii 01 
 
 lU'cufilrr's 
 TuLirt. 
 
 Intinliitaiiisol 
 Cily iiiul iiilier- 
 lies extMiii'ic'il 
 from serving on 
 cerlniii .lurios 
 uuer a certain 
 (Jnie. 
 
 ' I 
 
 
 m i 
 
 .1, I' 
 
 « !i 
 
 m ■ 
 
 
\i: 
 
 156 
 
 CORPORATIONS AMENDMENT ACT. 
 
 1 
 
 M 
 
 When n Police 
 Miigidiratc uliull 
 l)u appointed ill a 
 Town or (-'ity, 
 powers of Rrant- 
 inj{ tavern li- 
 censes vested in 
 liiiii. 
 
 'ravorn-koepcrs 
 Uoepint! disunler- 
 ly liouses, to lie 
 tried before the 
 Mayor or I'olict- 
 ^lagistratc and 
 two Alileriueii or 
 Justices of tile 
 I'eace; or Town- 
 reeve and two 
 Juiliccs. 
 
 ruDishinciit on 
 conviction. 
 
 OfTicprg elected 
 or appointed im- 
 iler tliiti Act to 
 take oaili of 
 (Jrtice. 
 
 i'lieoatii. 
 
 on trials at the Bar of either of Her Majesty's Superior Courts of Common 
 I.aw at Toronto, or at] the Courts of Assize and Nisi Prim, Oyer aii<) 
 Terminer and General Gaol Delivery for the County within the limits 
 or on the borders of which such City shall be situate. 
 
 Sec. CXVII. And be it enacted, That whenever there shall be a 
 Police Maijistrate for any Town or City erected or to be erected under 
 the authority of this Act, the power of granting licenses to inn-keepers, 
 and the keeping of ale and beer houses within such Town or City, or 
 the liberties thereof, under such By-laws as may be made for that pur- 
 pose by the Municipal Corporations thereof, [shall be vested in and 
 belong to such Police Mairistrate, and whenever there shall be no Police 
 Magistrate for any such Town or CifiJ', such power under such By-laws 
 as aforesaid, shall be vested in and belong to the Mayor of such Town or 
 City.] 
 
 Skc. CXVIir. And be enacted, That the Mayor or Polii-e Magistrate, 
 with any two Aldermen or Justices of the Peace for any Town or City 
 erected or to be erected under the authority of this Act, [and the Town- 
 reeve of any Township or Village incorporated or to be incorporated under 
 the same, with any two Justices of the Peace for the County or Union 
 of Counties within which such Township or Village shall be situate, 
 shall have full pov. :!r and authority upon complaint made to them or 
 any one of them, upon oath of any riotous or disoideilv conduct in any 
 Inn, Tavern, Ale or Beer House, situate wuhin such Tov.'u or City or the 
 liberties thereof, or within such Township or Village respectively, to 
 «jnquirc summarily into the matter of such complaint, and for such Mayor, 
 Police Magistrate or Townreeve to summon the keeper of such Inn, 
 Tavern, Ale or Beer House, to appear to answer euch complaint, anJ 
 thereupon it shall be lawful for such Mayor or Police Magistrate with 
 any two of such Aldermen or Justices of the Peace, or for such Town- 
 reeve with any two of such Justices of the Peace, to investigate the 
 same, and to disimiss the same with costs to be paid by the complainant, 
 or io convict the said keeper of such Inn, Tavern, Ale or Beer House 
 of having a riotous or disorderly house, and to abrogate the license for 
 keeping the same, or to suspend the benelil of the same for any period 
 not exceeding si.vty days, with or without costs, as in their discretion 
 may seem just ;] and during the period of such suspension, such Inn or 
 Tavern-keeper r-hall lose all the powers, privileges and protection that 
 would otherwise have been alforded him by his said license. 
 
 Sec. CXXVII. And be it enacted. That each Township, Village, Town 
 or City Councillor, and each Township, County, Village, Town or City 
 Clerk, and each Justice of the Peace for any of the Towns aloresaid, 
 and each Assessor and Collector, and each Returning Officer and Ketnrii- 
 ing Oificer's Clerk, and each Constable or other Oilicer, who shall be 
 appointed under this Act, by any Municipal Corporation, shall, before 
 entering on the duties of his office, take and subscribe an oath or alRr- 
 ination to the effect following, that is to say : 
 
 " 1, A. B., do solemnly swear, (or affirm, where ihe party is endllcd to 
 '* affirm instead of swear,) that I will truly, faithfully and impartially, to 
 "the best of my knowledge and ability, execute the oifice of (inserting- 
 " Ihe name of the office) to which I have been elected (or appointed) in 
 " this Township, (County, &c.) and that I have not received and will 
 " not receive any payment or reward, or promise of such forthe exercise 
 "of any partiality or malversation, or other undue execution [of the 
 "said office, So help me God;" and in default thereof shall forfeit the 
 sum of Ten Pounds to the use of Her Majesty, Her Heirs and Suc>cess- 
 ors, together with such costs of prosecution as shall be adjudged by the 
 Court.] 
 
uils of Common 
 ^ritis, Oyer an.) 
 Jlhiu the limits 
 
 ere shall be a 
 ereclecl under 
 to inn-keepers, 
 vvn or City, or 
 le for that 'pur- 
 vesteil in and 
 ill be no Police 
 isuch By-laws 
 'such Town or 
 
 I'e Magistrate, 
 Town or City 
 ml the Town- 
 •jwiuted under 
 I'lly or Union 
 iU be situate, 
 i to them or 
 induct in any 
 or City or the 
 ipectively, to 
 • such Mayor, 
 of such Inn, 
 mplaiut, anJ 
 gislrafe with 
 such Town- 
 estigate the 
 omplainant. 
 Beer House 
 n license for 
 any period 
 r disoretion 
 such Inn or 
 tection that 
 
 lage, Town 
 >\vn or City 
 aforesaid, 
 ndlieturn- 
 10 shall be 
 all, before 
 th or aliir- 
 
 en til led to 
 artially, to 
 
 (insciting- 
 aimed) in 
 
 and will 
 5 e.vercise 
 n [of the 
 brfeit the 
 
 Siitf ess- 
 Jd by the 
 
 Security. 
 
 CLAUSES OF 12 VIC, CAP. 81, AS AMENDED. 
 
 CXLVI. And be it enacted, That at the [instance of any Relator 
 having an interest as a municipal voter in or for any Township or Vil- 
 lage, or in or for any ward of any Township, Town or City, for which 
 any election shall be held under the authority of this Act, or having 
 such interest as a candidate at such election, awril of summons in the 
 nature of a quo warranto shall lie to try the validity of such election, 
 and also where it shall he alleged by such Relator that himself or some 
 other person was duly elected and ought to have been returned at such 
 election, then to try as well the validity of the election complained against 
 as the validity of the alleged election of sucn Relator or other person, both 
 which objects shall be embraced in the same writ, which writ sliall issue 
 out of either of Her Majesty's Superior Courts of Common Law at Toronto, 
 upon an order of such Court in Term time, or upon the fiat of a Judge 
 thereof in Vacation, upon such Relator shewing, upon adulavit to such 
 Court or Judge, reasonable grounds for supposing that such election was 
 not conducted according to law, or that the parly elected or returned 
 thereat, was not duly or legally elected or returned, and upon such Re- 
 lator entering into a recognizance beforethe said Court or any Judge 
 thereof, or before any Commissioner for taking bail in such Court, him- 
 self in the sum of fifty pounds, and two sureties, to be allowed as siitli- 
 cient, upon affidavit, by such Court or Judge, in the sum of twenty-five 
 pounds each, conditioned to prosecute with effect the writ to be issued 
 upon such order or fiat, or to pay to the party against whom the same 
 shall be biought his Executors or Administrators, all such costs as shall 
 be adjudged to such party, against him the said Relator, thereupon such 
 Writ shall be issued accordingly, and the said writ shall be returnable 
 upon the eighth day (as on Friday where service shall have been made 
 on the Thursday of the precediiig week) after that on which it shall be 
 served on such party, by the delivery of a copy thereof to hirn person- 
 ally or in the manner hereinafter provided for, before some one of the 
 Judges of either of the said Courts at Chambers, which Judges shall 
 have power — upon proof by afiidavit of such personal or other service 
 — and he is hereby required to proceed in a summary manner upon 
 statement and answer, and without formal pleadings, to hear and deter- 
 mine the Validity of the election complained against, and where the 
 sutTiciency or legality of such other election shall have been so al- 
 leged as aforesaid then the validity of such last mentioned election, and 
 incase of such first mentioned election being adjudged invalid, and 
 such last mentioned election being adjudged valid, then by a writ 
 adapted to that purpose to cause the person returned upon such invalid 
 election to be removed, and the person lawfully elected, and who ought 
 to have been returned, to be admitted in his place, and in case of 
 neither of such alleged elections being adju^iged valid, then by a like 
 writ to cause the person relumed upon such invalid election to be re- 
 moved, and a new election to be held to supply the vacancy thus cre- 
 ated, in all which cases it shall and may be lawful for such Judge, if 
 the facts in evidence before him render it proper so to do, to make the 
 Returning Officer at such election a party to such proceedings by a 
 writ of summons to be served upon him for that purpose in the same 
 manner as the writ of summons hereinbefore mentioned. And it shall 
 and may be lawful forsuch Judge, and he is hereby required in disposing Cosis. 
 of every such case, to award costs for or against the Relator or Defendant, 
 upon such writ, or for or against the Returning O/Ficer, when he sliall be so 
 made a party to such proceedings as aforesaid, as to such Judge shall 
 seem just : Provided always, nevertheless, firstly, That all elections of 
 Mayors, Wardens, 'J'ownrneves and Deputy Tovvnreevcs sliall be deem- 
 ed elections within the meaning of this section ; And provided also, 
 secondly, That whenever the grounds of objection against any such 
 
 157 
 
 Writ of Siini- 
 iiioim In iinture 
 of (juo irurranlo 
 to issue Tor (lie 
 trial of contro- 
 verted elections. 
 
 Return of Writ 
 and proececJinss 
 thereon. 
 
 ^ • 
 
 I! 
 
 
 4,-; 
 
 i. ■; 
 
 
■I '■' 
 
 158 
 
 r'V"' 
 
 } ''^. " 
 
 i^uiwrior Courts 
 tri settle tonus of 
 Writs of r^iiMi- 
 
 
 m 
 
 1110119. practice, 
 
 •■DStS, &C. 
 
 CORPORATIONS AMENDMENT ACT. 
 
 election shall apply equally 1o all or any number of the members of 
 any such Municipal Corporation, it shall and may be lawful for the 
 Kelator to ])roceeJ by one writ of summons against all such members ; 
 and in case of the elections of all the members of any sucJi iVIunicipal 
 Corporation being adjudged invaliil, ihe writ for the removal of the 
 members so adjudged to have been illegally elected and returned, and 
 the admission of those so adjudged to have been legally elected, shall 
 be directed to the Sheriff of the County or Union of Countit's within the 
 limits of which the locality in or over which such Municipal Corpora- 
 tion shall be established, shall be situate, who for the purpose of causing 
 an election to be held under the authority of this Act, shall have all 
 the powers and authority hereby conferred upon IMunicipal Corpor- 
 ations for supplying such vacancies as are occasioned by death ; And 
 provided also, thirdly, That all such original writs of summons shall be 
 applied for willun si\ weeks after the election complained against,' or 
 witHin one month after the person whose election is tjuostioned, shall 
 have accepted the oiiice, and not afterwards : And provided also, fointhly, 
 That no costs shall be awarded against any jierson against whom any 
 such writ of summons in the nature of a(;uo zaarranto shall be brought, 
 who shall, within one week after haying been served with such writ, 
 transmit, postpaid, through the Post Oiiice, directed to the Clerk of 
 Judges Chambers, at Osgoode Hall, Toronto, a disclaimer of the olRoe 
 in the terms, or to the effect following, that is to say : 
 
 "I, A. B., upon whom a writ of summons, in the nature of a quo 
 warranto, has been served for the purpose of contesting my right to the 
 office of Township Councillor (or as the case may bo) for the Township 
 of in the County of (or as the case 
 
 may be) do hereby disclaim the said oflice, and decline all defence of 
 any right I may have to the same," unless it shall have been proved 
 to the satistiiction of such Court or Judge, that such person had been a 
 consenting party to being put in nomination as candidate for such 
 election, in which latter case, such costs shall be in the discretion of 
 such Court or Judge. 
 
 And provided also. Fifthly, That it shall be the duty of every such 
 last mentioned person to deliver a duplicate of such disclaimer to the 
 Clerk of the Municipal Corporation, the seat in which shall be contest- 
 ed, who shall forthwith communicate the same to the other members of 
 such Municipal Corporation ; and provided also, Sixthly, That in any 
 such case it shall be lawftd for the Judire, before whom .such writ 
 of summons is returnable, to alford reasonable time and oppoitunity for 
 the saitl iMnnicipal Corporation, or to any person entitled as a Municipal 
 voter of such (Jorparation, to intervene and defend the said election and 
 return, in every which case such intervening party shall be liable and 
 entitled to costs as any other party to such proceeding, j 
 
 Skc. CLIII. And be it enacted. That it shall and may be lawful for 
 [the Judges of Her Majesty's two Superior Courts of Common Law at 
 Toronto, or the majority of them, by any rule or rules to bt; \>y them for 
 that purpose made from time to time in Term time, as occasion may 
 rerjuire, to settle the foiras of all such Writs, whether of Summons, 
 Certiorari, Mandanivs, Execution, or of or for whatever other kind or 
 purpose, as aforesaid,] and to regulate the practice respecting the suing 
 out service and execution of such Writs, and the punishment of those 
 guilty of contempt in disobeying the same, and also iroueially for the 
 reirulation of the practice, as well at Caambers as in Banc, in hearing 
 and determining the validity of such elections as aforesaid, and the 
 allowance of costs thereupon, and also from time to time by any new 
 rule or rules to be made as aforesaid, to rescind, alter or amend s'uch 
 rule or rules, or make others in lieu thereof, in like manner as they are 
 
e members of 
 lawful for the 
 Jch members ; 
 ell Municipal 
 nnoval of the 
 returnee], and 
 elected, shall 
 ies within the 
 ipal CoriDora- 
 txse of causing' 
 hall have ail 
 ^ipal Corpor- 
 ' ileath ; And 
 (loas shall be 
 
 I against,' or 
 slioned, shall 
 also, fointhly, 
 il whom any 
 
 II be brought, 
 li such' writ, 
 the Clerk of 
 of the olfioe 
 
 ire of a cjuo 
 >■ right to the 
 he Township 
 r as the case 
 I defence of 
 :>eeu proved 
 had been a 
 to for such 
 iscretion of 
 
 every such 
 
 'mer to the 
 be contest- 
 
 Tiembers of 
 Kit in any 
 such writ 
 
 ortunity for 
 M(niicipal 
 eclion and 
 Hablo am! 
 
 awful for 
 )n Law at 
 ■ them for 
 asion may 
 Summons, 
 r kind or 
 llie siiiu" 
 
 of those 
 ly for the 
 
 hearing 
 
 and the 
 
 any new 
 Jiid such 
 
 they are 
 
 CLAUSES OF 12 VIC, CAP. 81, AS AMENDED. 
 
 159 
 
 Amends may bi 
 leiulercil. 
 
 now by Law empowered to do for the regulation of the practice [of the 
 Courts in matters within their ordinary jurisdiction.] 
 
 Sec CLV. And be it enacted, That it shall be lawful and competent Partipa intprcsud 
 to and for any resident of any Township, Village, Town, City or County JJ^ovvn-cierks"' 
 in Upper Canada aforesaid, in which any By-laws shall be passed, or &c.. copies of 
 for any other person having an interest in the provisions of such By-law, "y-l-aws, on 
 to apply by himself, or by his Attorney, for a certified copy of such By- abu;' feAheretbr. 
 law, and the Township, Town, Village, County or Cily Clerk shall, 
 upon such application and upon payment to him of his fee therefor, 
 within a reasonable lime, furnish a cl^ of such By-law certified under 
 his Hand and the Seal of the Municipal Corporation of which he is the 
 Ollicer, [and either of Her Majesty's Superior Courts of Common Law at superior ^oll^l^^ 
 
 Toronto] may be moved, upon production of such copy, and upon atlidavit ">•^y 'n^ moved id 
 .1 . ,1 • .1 ' ' If 1 rr * "i • rp ' I'll iiiinsh any J'.v- 
 
 that the .-same is the copy receiveil from such township, town, Village, la^v. 
 
 County or City Clerk, to quash such By-law ; and if it shall appear to 
 the said Court, that such By-law is in the whole or in part illegal, it shall i-roceedincs 
 and may be lawful upon proof of service of a rule upon the Corporation, Uieroou. 
 to shew cause, within not less than eight days after such service, why 
 such By-law should not be (|uasheil in the whole or in part, to order 
 such ]}3'-Law to be (piashed in the whole or in pait : and if it shall 
 appear to li.c said Court that such By-law is legal, in the whole or in 
 the part complained of, to award costs in favour of the Cori)oration, or rrovision as tt 
 otherwise against such Corporation ; and that no action shall be sustained "|"')",g^||'°ne 
 for or by reason of anything authorized to be done under any such By- under liy-law-^. 
 law, unless such By-law or the part thereof under which the same shall 
 be done, shall be ipiashed in manner aforesaid one calendar month pre- 
 viously to the bringing such aclioa ; and if such Corporation, or any 
 person suevl for actinir under such By-law, shall cause amends to be 
 tendered to the Plaintiff or his Attorney, and upon such teiuler being 
 pleaded, no more than the amends tendered shall be recovered, it shall 
 and may be lawt\il for the said Court to award no costs in favour of the 
 Plaintilf, and to award costs in favour of the Defendant, and to adjudge 
 that the same shall be deducted out of the amount of the verdict. 
 
 Sec. CLXfL And be it enacted. That in case any of the persons so 
 declared to L>e elected, shall neglect or refuse to accept olhce. ur to be 
 sworn or uliiiined into ofhce, within the time in which the oath or 
 afiirmatioa of ollice is required to be taken, as hereinbefore provided, 
 then the Head [of such IMunicipal Corporation for the preceding year, 
 or in case of his absence or the vacancy of such ofFice, then the C)eik 
 of such JMuMJcipal Corporation ; and in case of the like vacanc^y ci such 
 last mentioned olfice, any one of the members of such Muiutdpal Cor- 
 poration for the preceding year] shall forthwith by Warrant under hi? 
 hand and seal, directed to the Keturning Ollicer, reciuire him to held a 
 new election to supply the place of such person, which such lietusiui^g 
 Ollicer shall accorilinuly do within at least eiuht days after the rei.<?ip> 
 of such W;i; rant, and the person who shall be elected upon sncb. War- 
 rant shall bo entitled and bound to be sworn oralhrmedas Conneilior, in 
 the place of the person refusing oliice, or neglecting or refusing to be 
 >!worn or athrmed as aforesaid : Provided always nevertheless, tli.ii the 
 necessity for such second election shall not preventer interfere witii th<; 
 immediate oigauizatiou of the Municipal Corporation for the year, or 
 their proceeding to business as if such seat were not vacant. 
 
 Sec. CLXHL And be it enacted, That all vacancies which mav occur y,"'^<'."''''''f ,'!' 
 
 f 1 \/r ■ ■ 1 /~i .• n 1 .1 • 1- • 1 i • ■ Mlimcilinl ( or- 
 
 in any of such MunuMpal Corporations [by death, a judicial decision j,oriuions, iiow 
 against the legality of any election, orotherwise however,] shall be filled w lie niiid. 
 by an election to be held under a Warrant directed to the Returning 
 Ollicer under the hand and seal [of the head of such Municipal Coi- 
 poration, or in case of his absence or the vacancy of such office, then 
 under the hand and seal of the Clerk of such Municipal Corporation ; 
 
 If ttie person 
 clecied reliisP!^ 
 to tnl<o oflice. u 
 'Vnrrnnt sliall 
 i-.-.rc for a new 
 flection. 
 
 I'rOVirO ; tilt 
 
 Corponilioii iiiny 
 iiiiriiedi;ni'iy pro- 
 ceed to liUiiiiess. 
 
 1 
 
 I 
 
 J: 
 
 m 
 
 ,1 
 
 tl 
 
 « 
 
 1 
 
 'I ] 
 
 i;;'' 
 
 :,J 
 
 ti 
 
160 
 
 ]> 
 
 i : 
 
 '^•=^ 
 
 Vi 
 
 Proviso ns to 
 ti'rma uf ofTice. 
 rrovisioii ill case 
 of no cleciion 
 li(.-iii<! Iiolit on nil 
 a|i|iointcil day. 
 
 AppQiiimient of 
 AUiurinen niid 
 ('ouiicillor.s. 
 
 Duties of 'I'rca- 
 
 C'lirersandCliaiu- 
 
 titirlaiiis. 
 
 CORPOftATIONS AMENDMENT ACT. 
 
 and in case of the like vacancy of such last mentioned office, then under 
 the himd and seal of any one of the Members of such Municipal Corpo- 
 ration :] Provided always, that the person [so elected shall holil his seat 
 in such Corporation by virtue of such election,] for the residue of the 
 term for which his immediate predecessor was elected, and no longer. 
 
 Sec. CLXV. And be it enacted, That if in any year there shall be no 
 election held in any Township, Villan'e, Town or Ward, on the appointed 
 day, or if a requisite number [of camlidates shall not have been elected, 
 then,] and in every such case, it shall and may be lawful for the mem- 
 bers uf the Municipal Corporation in which such default of members 
 shall occur, or if none be elected, then, for the members of such Muni- 
 cipal Corporation for the next preceeding year, or the majority of them 
 respectively, and they are hereby required to supply tlie delieiency by 
 appointing- the whole number of Aldermen and CouticilloiH, when the 
 whole number shall be deficient, from amongst the quiilitied freeholders 
 and householders of the Township, Village, Town or City, ;)r by appoint- 
 ing such a number of qualified freeholders and householders of *uch 
 Township, Village, Town or City as will complete the full number of 
 Aldermen and Councillors for the same, and the person so appointed 
 shall be bound to accept office, and to be sworn in, under the same 
 penalty as if elected. 
 
 Sec. Cr.,XXI[. And be it enacted. That it shall be the duty of each of 
 such Treasurers and Chamberlains to I'pceive and safely keep all moneys 
 belonging to the County, City, Town, Township or Village for which he 
 shall be appointed, and to pay out the same to sucli persons and in such 
 manner as he shall be directed to do by any lawful order of the Munici- 
 pal Corporation thereof, or by any law in force or to be in force in Upper 
 Canada, and strictly to conform to and obey any such law or any 13y-la\v 
 lawfully made by any such Municipal Corporation, and faithfully to 
 perform [all such duties as may be assigned to him by any such law or 
 ]5y-law; Provided always, nevertheless, Firstly, That it shall moreover 
 be the duty of every Township, Village and Town Treasurer, to rectyve 
 from the Collector or Collectors of such Township, Village or Town, all 
 moneys collected by such Collector or Collectors for or on account of the 
 County Kates, and to pay the same over to the County Treasurer within 
 such time as may be prescribed by any By-law of the Municipal Coun- 
 cil of such County to be passed for that purpose: And piovided also. 
 Secondly, That the Municipal Corporation o.f such Township, Village or 
 Town, shall be responsible to the Municipal Council of such County, 
 for all such County Rates as shall or may be so paid to such Township, 
 Village or Town Treasurer, who shall, together with his sureties, be 
 responsible to such Municipal Corporation for the same as for moneys 
 received by him on account of the Township, Village or Town Rales 
 respectively: And provided also, Thirdly, That every such Township, 
 Village or Town Treasurer shall keep an account in his books with the 
 County Treasurer, and shall give receipts for all moneys leceived by 
 him on account of the County, and receive from the Treasurer of such 
 County receipts for all such moneys as he shall pay over to him on 
 account of such County Rates ; And provided also, Fourthly, That 
 nothing herein contained shall in any way exonerate any such Collector 
 from his liability or limit his liability to the Municipal Council of such 
 County for any of the County Rates, whenever they shall choose to 
 proceed against him instead of against the Corporation of such City, 
 Village or Town (as the case may be) for the recovery thereof; And 
 provided also, Fifthly, That for all County Rates so received and paid 
 over to the County Treasurer, the Township, Village or Town Treasurer 
 shall be entitled to receive and take to his own use a per cenlage of 
 two and a half per cent, upon all such County Rates so received and 
 paid over as aforesaid, and no more.] 
 
, then under 
 Ji'pal Coipo- 
 loli! his seat 
 idue of the 
 ^i no longer. 
 
 shall be no 
 e appointed 
 Jeii elected, 
 r themem- 
 if mennbers 
 uch Muni- 
 ity of them 
 licienoy by 
 
 when the 
 freeholders 
 jyappoint- 
 rs of such 
 number of 
 
 appointed 
 
 the same 
 
 ' of each of 
 ;ill moneys 
 rwiiich he 
 nd in such 
 Munici- 
 '. in Upper 
 ly By-law 
 thfnily to 
 
 ill law or 
 moreover 
 lo rectyve 
 rown, all 
 
 nt of the 
 er within 
 )al Coun- 
 
 ed also, 
 /^iilage or 
 
 County, 
 ownship, 
 elies, be 
 
 moneys 
 •n Rates 
 •wnship, 
 with the 
 ived by 
 of such 
 
 him on 
 y, That 
 Collector 
 of huch 
 lOose to 
 City, 
 
 ; And 
 id paid 
 easurer 
 itage of 
 
 d and 
 
 CLAUSES OF 12 VIC, CAP. 81, AS AMENDED. 
 
 Sec. CLXXXVII. And be it enacted, That it shall not be competent 
 to the Municipality of any Township or lo the Municipal Council of any 
 County, to pass any By-law for slopping up any original allowance for 
 Roads in any Township or County, [nor on the limits of any Village or 
 Town, or City tliereiii, or on the borders thereof: Provided always, 
 nerertheless, Firstly, That it shall and may be hiwlul for the Municipality 
 of any Township, within which any Pwlice Village or any other Village 
 or Hamlet consi^ting of jnol less than twenty dwelling houses, standing 
 within an area of not more than two hundred acres, shall be situate, 
 npon the petition of the Trustees of such Village in the case of a Police 
 Village, and in other cases upon the petition ot fifteen of the inhabitant 
 Householders of such Village or Hamlet, accompanied by a certificate 
 from the Register of the County within which such 1 ownship shall lie, 
 that a plan of such Village or Hamlet had been duly deposited in his 
 office according to the then existing requirements of the Registry Laws 
 in force in Upper (!)anada in that behalf, by any By-law to be passed by 
 «Dch Municipality for that purpose, to slop up, sell and convey or other- 
 wise deal with any original allowance lor Road that may lie within the 
 limits of such Vilhige or Hamlet, as the same shall be laid down on such 
 plan, in the same manner as the Municipality of any Incorporated Vil- 
 lage is empowered to slop up, sell, convey, or otherwise deal with any 
 puch original allowance lor road within the limits of such Incorporated 
 Village, Lait subject always nevertheless, to all and singular the direc- 
 tions, limitations and res' riclions, and otner the provisions in the one 
 hun'ired and eighty-eighth section of this Act, coniained respecting the 
 same : Provided also, Secondly, That a Village or Hamlet situate partly 
 within one Township and partly within another, whether such Township 
 shall be within the same or dillerent Counties, shall be aVillage or Ham- 
 let within the meaning of this section, and that in every such case the 
 Municipality of each of such Townships shall have the powers hereby 
 conferred as far as respects any original allowance for road, lying within 
 that part of such Village or Hamlet, which according lo such plan so 
 deposited in the Registry Office or Registry Oliices of such County or 
 Counties shall be situate within tlie respective limits of such To-, nships.] 
 Sf:c. CXCII. And be it enacted, That it shall not be lawful for any of 
 8tich Municipal Corporations to make any By-law [for the opening, 
 stoppi:!g up, altering,] widening or diverting any public highway, road, 
 street oi lane until tliey shall have caused at least one calendar month's 
 notice to have been given by written or printed notices put up in the six 
 most public places in the immediate neighbourhood of such highway, 
 road, street or lane, nor until they shall have heard in peison or by coun- 
 sel nr attorney, any pers. n through whose land such highway, road, 
 street or lane, or proposed highway, road, street or lane shall run, and who 
 may claim to be so heard before them: Provided always, nevertheless, 
 that nothing either in this section or in any other of the provisions of this 
 Act shall extend or be construed to extend to give any power or autho- 
 rity whatsoever to any of the Municipal Corporations erected or to be 
 erected under the authority of the same, to interfere in any way with 
 any of the public roads or briilges in Upper Canada, which by Act of 
 Parliament or otherwise, now are or hereafter may be vested in Her 
 Majesty, or in any public department or board of Her Majesty's Piovin- 
 cial (jovernmetit its a Provincial public work ; with respect to all and 
 evory which Provincial public works whether roads or bridges, all and 
 singular the powers by tiiis Act conferred upon or vested in yuch Muni- 
 cipal Corporations, with respect to other roatls and bridges within the 
 litnits of. their respective jurisdictions, shall be ai.d the same are hereby 
 vested in and shall and may from time to time r.nd at ail times hereafter 
 be exercised by the (Governor of this Province in Council with respect to 
 suchProvincial public roads and bridges and every of them, by such orders 
 in Council as shall or may from time lo time 'je made for that purpose. 
 
 ICl 
 
 Corporntions not 
 10 stop lip origi- 
 nal ,illow!tnri-» 
 tor roadi) 
 
 Corporntion not 
 to Slop lip i{oari!>, 
 (Sec, witlioiit onu 
 iiioiiiirs notice, 
 &c. 
 
 Proviso : Corpor 
 niions not to 
 interfcT'; witli 
 Roacli', &r., 
 vctiipd ill llcr 
 Mnjt'bty or aMy 
 piiliiic (Ifparl- 
 iiietit. 
 
 Powrrg of '3ov- 
 criior ill Council 
 na 10 such Rund». 
 
 IW 
 
 'i 
 
 
 I !'. 
 
 » 
 
 i I 
 
 f ' 
 
 d. 
 
pi I 
 
 m .. 
 
 •t' 
 
 162 
 
 Provisions of till* 
 Act .I!* 10 proper- 
 ly (|iiiililicnii )ii, 
 wlieii 10 liilic 
 effect. 
 
 VVlio may volt' or 
 !)e oli.'oteil ill tim 
 neaiiuiiKj. 
 
 In incorporated 
 Towiu*, &.C. 
 
 til uiiiiirorpo- 
 rate:] Town", &c 
 
 iVoviso ,.s to 
 ;il!ices wli'Tt a 
 KojiMr.-iiion of 
 Vijter;- exists. 
 
 I rovi<o as to 
 -rst elections. 
 
 CORPORATIONS AMENDMENT ACT. 
 
 Sec. CCVIII. And be it enacted, That no provision in tlio foregoing 
 enactments of thi.s Act which lequires that any peison be possessed of 
 any proptjity qnalificalion, or be as.see.sed for any particular amount in 
 Older lo his haviiiu; a right to vote or to be elected at'.uiy oloclion to be 
 held iiinler the authority of this Act, shall have any force or effect, un- 
 less or until f<ome Act be passed by the Parliament of this I'rovince, in 
 the pr(,'seiit or some future session thereof to provide for the regulation 
 of assi'ssnteiits, and the levying and collecting of local taxes in Upper 
 Canada, and lo repetd the general provisions of the Acts herotoloi'e in 
 force tor that purpose, but all such persons as have herelofore had tlie 
 right to vole [or 'o be elected respectively, at the annual Township 
 elections for District Councillors, in] the several Townships in IT'nper 
 Canada, shall have the rijijht of voting and beiiiif cU'ctctl lor ihe Town- 
 ship and Villaiie Councillors to be elected under this Act, and such per- 
 sons as have h'jietofore had a right to vole or be elected at llie Mniiici- 
 pal Elections of any City, Town, or Village heretofore incorporated, or 
 tiaving a Hoard of Police eslablished by law for the same, shall liave 
 the right of voting and being electe,! for the City, lowii or Vil- 
 ln<7:r, Aldermen and Councillors to be elected under this Act for such 
 City, To vn or Villaue respectively; and the persons entitled to vote or 
 be elected at the Muiii"ipal Elections of every Town and Vdkure not 
 ' .'Oiporaled as afores...<.l befrne the passing of this Act, shall be the 
 ,i'-.d'. lit male inhabitants, being either householders or iVetdiuIders of 
 suei Town or Village oi the age of twenty- one years or upwards, being 
 subii'Cts of Her Majesty by birlli. or naturalization, and who siiall have 
 resiuedin such Town or Villajxe tor six calendar months noxt previous 
 to the holding of the said oleclioii. and who shall have been rated on 
 'h<' .'.■sessment Itoll of ihe said T(;wn or V:dage as hoi!>choldeis or 
 Ir ' iKlers for the year previous to such ehjclioii. [I'loviued always, 
 neveilheless. Firstly, 'i'hat the value of the pioperly by the provision.^ 
 of this section required as the qualilicalion of a Township Councillor, 
 shall be one hundied, instead cf liiree hundred pounds, as Iieretoforo 
 required for District CounciUois ; and provided also, t^econdiy, 'J'li.it in 
 the case of all Township Councillors, it shall be a suflicicnt qualifica- 
 tiui, if in lieu of such one hundred pounds of real property, they shall 
 be seized or possessed of real and personal property, which shall, to- 
 gether, amount to two hundred poumfs; and provided also. Thirdly, 
 That in the case of all such Towns and Villages as are lastly above 
 mentioned, every person to be elected a Councillor for any such 
 Town or Village, shall be seized and po.ssessed to his own use in fee, 
 of lands and tenements within the County or Union of Counties in 
 which such Town or Village shall be situate, or within some one or 
 other of the Counties or Unions of Counties next ad/)ining such first 
 mentioned County or Union of Counties, of the real value of one hun- 
 dred pounds currency, over and above al! charges and incumbrances 
 due and payable upon or out of the same ; and provided also, Fourthly, 
 That in the Cities and Towns in '.vhich, ^:! the passing of tills Act, a 
 provision exists for the registerin;: of votes, the same '■hall continue atid 
 l;o in force until repealed, altered tr amended by a ^^ I.aw of the Cor- 
 poration of such City or Town ; ]'!. vided also, Fifthly, That whether 
 any such new Act for regulating -assessments in Upper Canada, shall 
 or shall not be passed prior to this Act coming into force, the persons 
 hereinbefore in this section described as entitled to elect and be elected 
 under this Act, until such new .-Issessinent Law ohall have been passed 
 T« aforesaid, shall be those entitled to elect and be elected respectively ; 
 And provideil also, Sixthly, That any Town, the Act of Incorporation of 
 which liad been disallowed or had expired before the first of January, 
 in the year of our Lord one thousand eight hundred and fifty, shall be 
 taken and held to be an incorporated Town within 'liis section,] at the 
 *irst elections to be held under this Acti 
 
 An A\ 
 
 J'{ 
 
 oi 
 
 w 
 
ROADS ACT EXTENDED TO 
 RAILROADS. 
 
 ACT 13 Sf 14 VIC. CAP. 72. 
 
 i: 
 
 u 
 
 •hull Jiave 
 'II or Vil- 
 for such 
 111 vole or 
 ^ilkv's not 
 iill^ be the 
 liiiiilerfl of 
 iil^, heintj 
 hall have 
 L previous 
 r-ileil on 
 lolilyrs or 
 I ahvfiys, 
 provi.^ions 
 'ouncillor, 
 leretoforo 
 5 'i'li.it iu 
 qiialifica- 
 ey shall 
 •liali, fo- 
 Thirdly, 
 y above 
 iLny such 
 in fee, 
 nties ill 
 ono or 
 icli first 
 ne hun- 
 brances 
 'onrthJy, 
 Act, a 
 
 An Act to awrnd and extend the. provisinns of an Art passed in llir tu'cljlh 
 limr of Her .]f(ijet^hfs liniin, inliliiUd, ''An Ait to mitliorizt: tlie 
 formation of Joint ISlork Conijianitsfui' the cunslructiun oj Jtoads and 
 other Works in Upper Canada," 
 
 [lOlh August, 1850.] 
 
 W"IIEREAS it is expc'dient and dusi;able, with a view to the 
 introdiic'tiou of Hrilish capital au'.l eiiierprise into this Province, 
 to amend and extent! the provisions of an Act passed in the iwclllhyear 
 of Her IMajoty's Keigii, inlitided. An Act to autliorize the formation of 
 hint Stock Companies for the construction of Roads and oilier ll'orks in 
 Upper Canada, and to adapt the same to Kail and Tram Koads, and to 
 enlarge tlio same so as to enable Companies of iJer iMajesty's snbjects 
 formed in Great Britain or Ireland to t.ike the benefit thereof: He it 
 therefore enacted by the Queen's Most Excellent Majesty, by a'',il with 
 the advice and con.^ent of the Lcijislalive Council and of the i^fy:islative 
 Assembly of the Province of Canada, consliluted and assembled by 
 virtue of ami under the authority of an Act passed in the Parliament of 
 the United Klnijjdom ofCireat Ihitain antl Ireland, and intituled, An Act 
 to re-unite the fruvincis of Upper and Lower Canada, and for the Govern- 
 nwnt of Canada^ and it is hereby enacted by the authority of ilie same, 
 That the seveial })o\\ers and piivileaes in the saitl recited Act men- 
 tioned, as far as llie same may be ajjplicable, shall extend and be 
 considered to apply to roails made of ciiarcoai and to all Uail-road.s or 
 Tram Road-;, whether the same sliall be constructed of iron or wood or 
 stone or partly of any of the said materials, and also to all companies 
 lormed or to be formed in (ireat Britain or Ireland, wheiher chartered, 
 registered or otherwise legally constituted. 
 
 II. And be it enacted, 'i'hat in any such Company, as sliall or may 
 be desirous of acting under the provisions of the said recited Act or this 
 Act, the shares for the purposes of the said Acts, shall be of the same 
 amount as those already mentioned in the charters, deeds of settlement 
 or constitutions of any such Corn])any, instead of the snm of live pounds 
 in the said recited Act mentioned. 
 
 III. And be enacted, That any such Company in Great Britain or 
 Ireland, desirous of acting under the provisions of the said Acts, or 
 either of them, shall appoint one or more (Jomraissioners in Upper 
 Canada, who sliall have 'he same powers and privileges, and act in l!)e 
 same manner, as if such I'ommissioneis were directors of such Com- 
 iKiny, duly elected, and acting under the provisions of the said Acts. 
 
 IV. And be it enacteil, Tliat any one of such Commissioners shall 
 be also considereil as the jiresiding oliicer and Treasurer of such Com- 
 pany, for the purposes in the second and fourth sections of the said Act 
 mentioned. 
 
 V. And be enacted. That any rail or tram road to be erected or made 
 under the provisions/)f this Act, shall be subject to such supeivision 
 and control by the Governor and Council of lliis Province, as well as to 
 rates of toll and cliarae=', as to all other matters relating to such rail or 
 tram road, as shall or may at any lime be directed by any statute passed 
 or to be passed for th«' ijenera,! <iuporw'sioii stud conliol of Rail-roads in 
 'bis Province. 
 
 i- 
 
 I'reaiiiLIf 
 
 )-2 Vice. >••), 
 cited. 
 
 Am. ( Tleiidi.'d ti 
 mil .Tiid irniu 
 n ,,d>, and 10 
 C'liiipaiiit'.i ill llic 
 Liiiit'd Kiiiitdoiii. 
 
 Aiiujiiiitofshur(.f 
 ill «ucli coiiipa* 
 nice 
 
 ("ommifsiotiers 
 
 ;o l)e ;ip|ioiiiit'd. 
 ill L'lut'r t.'aiiail;* 
 
 One to act as 
 Iiri'sident mid 
 treasurer. 
 
 Kail or train road 
 to be fiitiject to 
 ntiv general rail- 
 road .Vet. 
 
 r' 
 
 ii\'-^ 
 
 in' 
 
 
 
 \! ■ 
 
 I 
 
1G4 
 
 ASSESSMENT ACTS RPEALED. 
 
 Tirnfforeom- VI. And be finacled, That for and notwilhstanding any thinpr in tliB 
 
 r''^j"*e"^ """ *wenty-first section of the said recited Act, the time' for completing any 
 rotti , e. jj^.j ^^ 'p^.jfj^ JQr^^\ g^all bo extended to the period of five year.«. 
 
 VII. And be it enacted, That any suit, action or proceeding', for any 
 cause of action arising under or out of tlie provisions of this Act, shall 
 and may be brought against any su.h Company of Great Britain or Ire- 
 land by service of any process or proceeding upon any Commissioner 
 of such a Company resident in Upper Canada. 
 
 How iiuiti mny 
 brought nuniiiiit 
 Kucli roiiip.iiili'i 
 
 ASSESSMENT ACTS REPEALED. 
 
 not£ il 
 
 force ^ 
 and ' 
 in thel 
 amend\ 
 vince, 
 Gcorg\ 
 force 
 vinre^ 
 lands 
 
 
 ! I 
 
 ■r^ 
 
 rrcamtle. 
 
 t'criain Act* 
 rcpenkMl. 
 
 Acif nf L". C, 
 59 «. 3, (SfSSi. y,) 
 
 otto. 3, (SPSS. 2,) 
 <'. &, liigluvayj. 
 
 •I (J. 4, I'sep?. 2.) 
 <-. tt. highways. 
 
 4G. 4, (SMS. J,) 
 c. lU, higlivvajs. 
 
 13 !,- 14 VIC. CAP. LXVI. 
 
 An Act to repeal the Acts and provisions of Law relative to Assessments and 
 matters connected therewith in Upper Canada. 
 
 [10th August, 1850.] 
 
 WHEREAS it is expedient to repeal the several Acts and provisions 
 of Law relating to assessments and local taxation, and to statute 
 labour, in Upper Canada, to the end that more equal ami just provision.s 
 may be made with regard to the matters aforesaid : Be it therefore 
 enacted by the Queen's Most Excellent Majesty, by and with the advice 
 and consent of the Legislative Council and of the Legislative Assembly 
 of the Province of Canada, constituted and assembleil by virtue of and 
 under the authority of an Act passed in the Parliament of the United 
 Kingdom of Great Britain and Ireland, and. intituled, An Act to re-tmite 
 the Provinces of Upper and Lower Canada, and for the Government of 
 Canada, and it is hereby enacted by the authority of the same, That 
 the Act of the Parliament of Upper Canada, passed in the second Ses- 
 sion held in the fifty-ninth year of the Reign of King George the Third, 
 and intituled, An Act to repeal the several Laws nmo in force relative to 
 levying and collecting rates and assessments in this Province, and further to 
 provide for the more equal and general assessment of lands and other rate- 
 able proper tij throughout this Province, — and the Act of the said Parlia- 
 ment, passed in the Session last aforesaid, and intituled, An Act to 
 repeal part of and amend the Laws now in force for lajiing out, amending 
 and keeping in repair the Public Highicaiis and Roads in this Province, — 
 and the Act of the saitl Parliament, passed in tlie second Session hekl 
 in the fourth year of the Reign of King Gt'orire the Fouith, and intituled, 
 An Act to amend and make perpetual an Act pasftcd in the fifty-ninth year 
 of His late Majesty^s Reign, intituled, ' An Act to repeal part of and 
 amend the Laws now in force for laying out, amending and keeping in npnir 
 the Public Highways and Roads in this Province,^ and also to amend an 
 Act passed in the fiftieth year nf His late Mujefty^s Reign, intituhd, ' An 
 Act to provide for the laying out, amending and keeping in repair the Pul>- 
 lic Highwnijs and Roads in this Province, and to repeal the Laws now in 
 force for that purpose, — and the Act of the said Parliament, passed in 
 the Session last aforesaid, and intituled, An Act to repeal part of and 
 amend an Act passed in the fiftieth year of His late Majesty''s Reign, i///»/w- 
 ed, ' An Act to provide for the laying out, amending and ketping in repair 
 the Public Highionys and Roads in this Province, and to repeal the Laws 
 
tliiiifj in the 
 mpleling any 
 ears, 
 
 lin^', for any 
 lin Act, shail 
 Britain or Ire- 
 -ommissioner 
 
 LED. 
 
 sessmenis and 
 
 , 1850.] 
 
 id provisions 
 iiul to statute 
 St provisions 
 it therefore 
 h the advice 
 e Assembly 
 rtue of and 
 the United 
 to re-nn'Ue 
 memment of 
 sanne, That 
 second Ses- 
 the Third, 
 relative to 
 d further to 
 other rate- 
 aid Parlia- 
 in Alt to 
 , ameiidmg 
 ^rovincc, — 
 Msiori held 
 inlituled, 
 ninth year 
 urt of and 
 in iipair 
 amend an 
 Inbd, 'An 
 >■ the Puh- 
 (iws now in 
 passed in 
 3/7 of and 
 ffn, intittt- 
 in repair 
 the Laws 
 
 ASSESSMENT ACTS REPEALED. 
 
 not* in force for that purpose,' and also to repeal part of and amend the 
 provisions of an Act passed in the fifty-ninth year of His late Majesty's 
 Reign, intituled, * An Act to npcal part of and amend the Laws now in 
 force for laying out, amending and keeping tn repair the Public Highways 
 and Roads in this Province,'' — and iho Act of the said Parliament, passed 
 in the sixth year of the Keign last aforesaid, and intituled, An Act to 
 amend and viake permanent a certain Ad of the Parliament of this Pro- 
 vince, passed in the fifty-ninth year of the Reign of His late Majesty King 
 George the Third, mtitultd, ' An Act to repeal the several Laws now in 
 force relative to levying and collecting rates and assessments in this Pro- 
 vince, and further to provide for the more equal and general assessment of 
 lands and other rateable property throughout this Province, and to render 
 more effectual the several Laws of this Province imposing rates and assesS' 
 merits, by providing, under certain restrictions, for the levying such rates 
 and assessments by the sale of a portion of the lands on which the some are 
 charged- — and the Act of the said Parliament, passed in the ninth year 
 of t!ie Reign la«t aforesaltl, and intituled, An Act to amend the Assess- 
 ment Laws of this Province, — and the Act of the said Parliament, passed 
 in the seventh year of the Weign of His late Majesty King William the 
 Fourth, anil intituled, An Act to amend the Laws now in force regulating 
 the sale of lands for arrcar of taxes, and for other purposes therein men- 
 tioned, — and the Act of the said Parliament, passed in the third year of 
 Her Majesty's Reign, and intituled. An Act to compel certain ptrsons not 
 assessed to perform Statula Labour, — and the Act of the Parliament of 
 this Province, 'passed in the eighth year of Her Majesty's Reicn, and 
 intituled, An Act to provide more effectually for the collection of certain 
 arrears of taxes on lands in the District of Wellington and other Districts, 
 and better to define the limils of the said District of Wellington, — and the 
 Act of the said Parliament, passed in the Session held in the tenth and 
 eleventh years of Her Majesty's Reign, and intituled, An Act to provide 
 for an assessment of real and personal property in the Town of Brockville, 
 (uxording to the annwd value or rental thereof, and for other purposes, — 
 and so much of the several Acts mentioned in the Schedules annexed 
 to the Act of the said Parliament, passed in the twelfth year of Her 
 Majesty's Reign, and intituled, dn^ict to repeal the Acts in force in Upper 
 Canada, relative to the establisii'nent of Local and Municipal Authorities, 
 and other matters of alike nature, as established, provide for or regulate 
 the assessment or mode of assessment, or the property to be assessed, 
 or any matter relating to the same, in any of the Cities or liberties 
 thereof. Towns or VilLages to which such Acts respectively refer, — and 
 all Acts or parts of Acts, and all by-laws, rules and regulations of the 
 Municipal Corporations of the Townships, Villages, Towns or Cities, or 
 of the District or County Municipal Councils, or other local authorities 
 in Upper Canada, imposing rates or assessments, or providing for the 
 collection thereof, — and all Acts and parts ofActs inconsistent with this 
 Act, — shall be and the same are hereby repealed, except in so far as 
 the same or any of them repeal any former or other Acts, or parts of 
 Acts, bv-lasvs, rules or regulations, and except in so far as the same 
 may affect any rates or taxes for the present year, or any rates or taxes 
 which have accrued and are actually due, or any remedy for the 
 enforcement or recovery of such rates or taxes not otherwise provided 
 for by this Act. 
 
 II. And be it enacted, That this Act shall commence and have force 
 and effect upon, from and after the fiist day of January, one thousand 
 eight hundred and fifty one, and not before. 
 
 M 
 
 J66 
 
 8G. 4, C.7, 
 MMiaiDcnts. 
 
 OG. 4.C. 3. 
 
 asiicHdincnts. 
 
 TVV.t. c. 19, 
 
 asSL'SDIllflltlj. 
 
 3V.C. 10. ^lat- 
 ute labour. Acta 
 of CaiinUn, 8 V. 
 c. 'ii. Wellingion 
 district. 
 
 10 &11 Vic. c. 
 41. Brockville. 
 
 Parts of 12 Vic. 
 
 c. fed. 
 
 Other enact- 
 inentii. 
 
 E.tccpiion. 
 
 ConimenceinerH 
 of .Vet. 
 
 I.: 
 I) 
 
 -1! 
 
 i:i 
 
 
 HI 
 
 
ASSESSMENT ACT. 
 
 amq 
 fror 
 
 h 
 
 
 ' '' 
 
 IM' 
 
 iVearabic. 
 
 >V")iat properly is 
 liable to taxjtioii. 
 
 As'olandsoft . 
 <-"rown. 
 
 V ertain expres- 
 <iions irlurpreted. 
 
 -.lonsimofprcteti- 
 
 Ao to person* de- 
 riving iiico.iit: 
 r'rom ceriaiii 
 sources. 
 
 -4Cr 13 &• 14 VIC, CAP. 'J7. 
 
 An .trt to cstaldhh a more, equal and just siistcm of A!>ses$mei,t vi 
 several Townships, ViUagcs, Towns and Cities in Upprr Canada. 
 
 [lOth August, 18.50. 
 
 the 
 
 w 
 
 HKREAS by an Act pasbed tliivirif,' the present Session, ilie 
 
 Bovoral Ai l« and paits ol' Acts jufrulaliiig Afsessnieiils and the 
 
 liability to etatiito lal'. iir, in Upper Canadii. iuul all Uy-JnvvK, Jiiiles and 
 
 K 
 
 egulatiohs ot 
 
 th.: 
 
 >i beveruJ Municipal auilioritics in Upper Canada 
 imposing- Lilies and Assessnientf, or ])i()vidiiiy lor the collection thereof 
 liavo bi-eii rcpeulf ', and ii is cvpedieiit to provide a more eipial and 
 just system of A; -stneiil lor i\hniii'ipal and jncal ohjci^tsand flurpo^e8J 
 111 the ^eve^al Tow ..^liips, \ illa;_'e.s. Town.-s and Cities in Upper Canada : 
 Be it therefore enacted by the Qiii'en'.s jMom Kvceilent Majesty, by 
 and villi the advice a id consent of ihe Lei^islative Council and of the 
 Legi^, ve Assembly uf liie I'roviuLio id' Cau.rJa, coiK^liiuted and assem- 
 bled by viitue of and niidui the aiillioiil) of an Act passed in tlie 
 Varliamenl of the Toiled Kingdom of Great Britain and Ireland, and 
 intituled, An Ad h, . e-vnite the Provinces of Upper and Lowir Canada, 
 and Jar the Givtrnuient of Canada, and it is hereby enacted by the 
 authority of the samcj That for all [mrposes for whieli local ami direct 
 taxes are or shall be levied by amlioiity of law, unless the same shall 
 be otherwise sp: ciully provided lor by law, all land and all such per- 
 sonal proi iMty a^ is hereinafter defined in Upper Canada, whether 
 owned by individuals or copii tners, or corporations, shall be liable to 
 iaxMion, subject to the exeriiplions hereinafter specified; and the 
 occupant of .•n}' laiiJ be'uiigin;j! to Ilcr Majesty shall be liable to tax- 
 ation for die .;tiiJ so occupied, but such land sh,:ll not be chargeable for 
 the same. 
 
 II. And be it enacted, That the term " Land," as used in this Act, 
 shall be ludd to include the land itself, all buildings and other things 
 erected upon or aiii.ved to the -ame, all trees and inulerwood growing 
 thereupon, u:id all mines, minerals, quairies and fossils in and under 
 the same, except mines belonyiri^ to Her M.ijesty, Her Heirs or Suc- 
 cessors j and tlie terms " Real Estate," and " Real Property," whenever 
 thev occur in ihis Act, shall be coiistruetl as Uaving the same meaning 
 us the term " Land," thus defined. 
 
 III. An! be it enacted, That the terms " Personal Es;- to" and 
 '• Personal Property," whenever they occur in this Act, shall be con- 
 strued to include oil such goods, chattels, and other property, as are 
 enumerated in the vScliedule A, hereunto annexed, and no other; and 
 the term '* Property'' shall include both real properly and personal 
 property a ■ above difmed. 
 
 IV. Provided always, and be it enacted, That no person deriving 
 income from any trade, calling, (jlhce. or profession, exceeding the 
 amount of Fifty Pounds per annum shall be assessed for a less sura as 
 the amount of his uelt Livable personal prn ly, than the amount deri- 
 ved from sill h income iluring the yea. "en last past, but such last 
 year's income shall be held to bo his nett taxable peisonal property, 
 
 Herl 
 
 the' 
 ofhii 
 of til 
 pan! 
 
 fjroii 
 (irarl 
 
r. 
 
 if merit in the 
 Canadu. 
 
 IR.W. 
 
 ^just, 
 
 Session, the 
 
 fills and the 
 
 v>, Kiilfs and 
 
 ppt'r Canada 
 
 t'clion llieieof 
 
 re eijuul and 
 
 nd purposes, 
 
 per Canada : 
 
 Majesty, by 
 
 il and of the 
 
 .1 and assem- 
 
 assed in the 
 
 Ireland, and 
 
 )u)er Canada, 
 
 iicted by the 
 
 al and ilirect 
 
 same .shall 
 
 ill such per- 
 
 la, whether 
 
 be liable to 
 
 ; and the 
 
 ible to tax- 
 
 |at geable for 
 
 Jin this Act, 
 uther things 
 lod growing 
 and under 
 leirs or Suc- 
 *' whenever 
 
 Isf 'te" and 
 lall be con- 
 Irly, as are 
 lother; and 
 ]d personal 
 
 In deriving 
 
 ieding: the 
 
 ?ss sum as 
 
 luiint deri- 
 
 such last 
 
 property. 
 
 M< 
 
 ASSESSMENT ACT. 1C7 
 
 UtilesA ho ha« other taxable personal property to an equal or greater 
 amount. 
 
 V. And be it enacted, That the following property shall bo exempt ^^'*' tU.'^iieiupi 
 from taxation : itom uxntion 
 
 Firxt. — All estate an'l propertybeloriging toor vested in Her Majesty, 
 Her Heirs and Successors, or liuld by Her Majesty m trust for or for 
 the use of any tribe or body of Indians, or vested in any public body, 
 officer, person or party in trust for Hov Majesty, or foi the public uses 
 of the Province, save as hereinbefore provided as to any private occu- 
 pant ol such jiroperty. 
 
 Siiondly. — Everyplace of worship, — every churcli-yard or burying- 
 {iround,— the real estate of every university, — colli -^e, — incorporateil 
 (irammar School or otlwr seminary of learning, at'ually used and 
 occupied by it, but not if occupied by others or unoccupied.^-every 
 public School-House,— Town or (Jity Hall, — every Court Hous« and 
 Gaol, House of Correction and Lock-up House, and the lainl !i'' " 'led 
 iJ^iereto, — every I'ublio Hospital with tho land iiltaclied thereto, c on 
 which the same are erected, and tho personal property belong! i 
 each of them, — every Public Kouil and Way, or Public Stjuaro, a.. .lO 
 property belonging to any Township, Villa^je, Town, Cily or County, if 
 occupied for tho purposes thereof, or unoccupied : 
 
 Thirdly. — The Provincial Penitentiary and the laml attached Uiereto: 
 
 Fourthly, — Every Industrial Farm, Poor House, Aims-House, House 
 nf Industry or Lunatic Asylam, and every house belonging to acompany 
 for the reformation of oifenders, and the real and personal property 
 belonging to or connecied with the same : 
 
 Fifthly. — The property of every Public Library. 
 
 VI. And be it enacted, That all taxes to be levied under this Act or '-oo' 'a»'^'< lo '•'• 
 the Act passed in the twelfth year of I ler Majesty's Reii,ni, and intituled, Jfe';','e,1,ny.''«3'iK*i 
 An Act to provide by one General Law for the erection of Municipal on auy JunJ n. 
 Corporations, and the EstaUishment of Rcp;ulations (f Police, in and for P^iftioiiar. 
 
 the several Counties, Cities, Towns, Townships and Villages in Upper 
 Canada, or under any other Act past or to be passed whereby any local 
 cr direct taxes have been or shall beauthori/ed to be levied, ;uk1 when 
 no other express provision shall be made in this respect, shall be levied 
 upon the whole taxable real and personal property of the locality to be 
 taxed, in proportion to tlie assessed value thereof, and not upon any one 
 or more kinds or species of property in particular. 
 
 VII. Andbe it eiiacted, That all lands shall be assessed in the Town- in whai fti.ic<, 
 ship. Village, or Ward in which they lie, and in the name of and against Jhnu be'aiiM«eti, 
 'ihe owner thereof, if known, and if he resides or has a legal domicile, and agaiiim 
 when the asses-sment shall be made, within such Township, Village or *''"*'"• 
 Ward, or the Town or City in which it is included, and if such lands be 
 
 occupied by such owner or wholly unoccupied ; but if the owner be not 
 
 so resident or be unknown, and the land be occupied, it shall be assessed 
 
 in the name of and against the occupant ; and occupied land owned by 
 
 a party residing or having a legal domicile in the Township, Village, 
 
 Town or City where the same is situate, Injt occupied by another party, 
 
 may be assessed in tlie name of and agauist the owner or the occupant 
 
 (inserting the names of both in the Roll with the word "or" between 
 
 them, and notifying both in '.he rauiiner hereinafter provided ;) and the 
 
 taxes thereon may be recovered from either or from any future owner or 
 
 occupant, saving his recourse against any other party ; and if any land As to joint 
 
 \hi owned or occupied by more than one party, then any one or more of owueta or accu- 
 
 them may be deemed the owner or owners, occupant or occupants, and *""""" 
 
 ■shall be liable accordingly, saving his or their recourse against the 
 
 others: and any occupant may deduct from his rent any taxes he may Remedy of oi-cj- 
 
 ii-ave paid, if the came could also have been recovered from the owner, uxcs. '''^"'* 
 
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 p., 
 
 168 
 
 ASSESSMENT ACT. 
 
 non-re«idenu. 
 
 Where person n I 
 pr9perty shall be 
 aancsited and 
 iigainst whom. 
 
 Taxable year to 
 corrcHponii witli 
 ibc natural year. 
 
 unless there be a special agreement between the occupant and the 
 owner to the contrary. 
 
 What shall be VIII. And be it enacted, That unoccupied lands not known to be 
 deemed lands of owned by any party resident or having a legal domicile in the Town- 
 ship, Village, Town or City where the same are situate, or belonging to 
 any party whose residence or domicile, upon diligent enquiry by any 
 Assessor of such Township, Village, Town or City, shall not be found 
 therein, shall be denominated *' Lands of non-residents," and shall be 
 assessed as hereinafter provided. 
 
 IX. And be it enacted, That every party shall be assessed in the 
 Township, Village or Ward where he actually resides when the assess- 
 ment is made, for. all taxable personal property situate therein owned 
 by him, including all taxable personal property in his possession or 
 under his sole controul as trustee, guardian, executor or administrator ^ 
 and in no case shall properly so held be assessed against any other 
 party, and if it be owned or possessed by or under the controul of more 
 than one party, each shall be assessed for his share, or if they hold in a 
 representative character, then each shall be assessed for an equal pot- 
 lion. 
 
 X. And be it enacted, That all taxes which have been Or which shall 
 be levied or assesed in Upper Canada during the present year, shall be 
 held and taken to be the taxes for the year ending the thirty-first day of 
 December, one thousand eight hundred and fifty ; and thereafter the 
 taxes levied or assessed for any year, shall in all cases be considered 
 and taken to have been imposed for the then current year, commencing 
 with the first day of January, and ending with the thirty-first day of 
 December, unless otherwise expressly provided for by the enactment or 
 by-law under which the same is imposed or authorised or directed to 
 be levied. • 
 
 XI. And be it enacted. That the sums which shall be required by law, or 
 by any by-law of any Township or County, for any lawful purpose, 
 shall and may be taxed, rated and raised upon estimate of the amount 
 required for any such lawful purpose for each year in which such tax is 
 to be levied ; but in Cities ancf incorporated Towns or Villages, the 
 taxes shall be imposed by by-laws declaring the yearly rate in the 
 pound to be levied on the yearly value of all taxable property, and the 
 yearly value of taxable personal property shall be held to be six per 
 cent, on the assessed actual value thereof. 
 
 XII. And be it enacted, That whenever the amount of taxes which 
 shall be assessed in any Township or County, incorporated Village, 
 Town or City, for any purpose, shall exceed the charges for snch pur- 
 pose, the overplus shall remain at the credit of such Township or 
 County, Village, Town or City, and shall go to the reduction of the tax 
 for the same purpose for the succeeding year, or if such purpose shall 
 have been accomplished then to the reduction of such other tax as the 
 Municipality, or Council of such Township or County, Village, Town 
 or City shall think fit to direct ; and if the amount of taxes which shall 
 be so assessed for any purpose, shall be less than the chaiges for such 
 purpose, such deficiency shall go in increase of the tax for such pur- 
 pose in the succeeding year; but in Cities and incorporated Towns or 
 Villages, the amount assessed and levied shall form part of the general 
 funds at the disposal of the Corporation, unless otherwise specially 
 appropriated. 
 
 XIII. And be it enacted, That the yearly value aforesaid of real pro- 
 perty in Cities or incorporated Towns or Villages, shall be the real rack- 
 rent or full yearly value thereof, to be ascertained by the assessors in 
 the manner hereinafter provided, for each sepaiate tenemient ; except 
 
 ■"axes in town- 
 ships and coun- 
 ties to be by 
 estimate. 
 
 In other places 
 by yearly rate in 
 thi? pound. 
 
 As to any surplus 
 or dcfisit in the 
 amount raised for 
 any purpose. 
 
 In cities or inror- 
 corporated towns 
 or villages. 
 
 What shall be 
 deemed the year- 
 ly value of lauds, 
 tec. 
 
 I'xccption. 
 
 Ill' 
 
opant and the 
 
 known to be 
 n the Town- 
 r belonging to 
 iquiry by any 
 not be found 
 ' and shall be 
 
 essed in the 
 m the assess - 
 lerein owned 
 possession or 
 jministrator y 
 ist any other 
 troul of more 
 hey hold in a 
 an equal poi- 
 
 r which shall 
 ear, shall be 
 y-first day of 
 lereafter the 
 i considered 
 jommencing 
 
 first day of 
 enactment or 
 
 directed to 
 
 ed by law, or 
 ful purpose, 
 the amount 
 I such tax is 
 'illages, the 
 rate in the 
 rty, and the 
 be six per 
 
 axes which 
 id Village, 
 
 such pur- 
 )wnship or 
 
 of the tax 
 rpose shall 
 tax as the 
 age, Town 
 'hich shall 
 IS for such 
 
 such pur- 
 Towns or 
 le general 
 
 specially 
 
 f real pro- 
 real rack- 
 sessors in 
 t; excej)! 
 
 ASSESSMENT ACT. 
 
 that if more than one* fourth of an acre of land be attached to any house 
 or building forming a separate tenement, the overplus shall be held to 
 be vacant ground, the full actual value whereof shall be estimated by 
 the assessors, and the yearly interest on siich value at six per cent., per 
 annum, shall be deemed its )'early value. 
 
 i^lV. And be it enacted, That for and notwithstanding any thing in 
 the Ajt last above cited, or in any Act or Law to the contrary, the num- 
 ber of assessors or collectors to be appointed in and for any City, Town, 
 Villagj or Township, shall be one or more, in the discretion of the 
 Municipality or Council thereof; and such Municipality or Council 
 may in their discretion appoint the same assessor or collector to act in 
 and for any number of wards or for the whole of any City or Town. 
 
 XV. And be it enacted, That the Municipal Council of any Town- 
 ship, City, Town or Village, may, if they deem it expedient, divide the 
 same into convenient assessment districts, and may assign the assess- 
 ment district or districts within which eacli assessor shall act, and may 
 prescribe such regulations for governing the assessors in the perform- 
 ance of their duties as sliall not be inconsistent with this Act, or with 
 any law in force in Upper Canada. 
 
 XVI. And be it enacted, That between the First day of February and 
 the First day of April, in each year, the assessor or assessors for each 
 
 diligent 
 in their 
 taxable 
 
 Township, Village or Ward, shall proceed to ascertain by 
 enquiry, the names of all the taxable inhabitants and parties 
 respective Townships, Villages and Wards, and also all the 
 property within the same, and its extent, amount and value. 
 
 XVII. And be it enacted. That the assessor or assessors for each 
 Township, Village and Ward, shall prepare an Assessment Roll, in which 
 shall be set down in separate columns, and according to the best infor- 
 mation in their power, the names of all taxable parties in the Township, 
 Village or Ward, with the extent or amount of property assessable 
 against each, and containing the particulars mentioned in the Schedule 
 B, for each of the items whereof the Assessment Roll shall contain a 
 separate column. 
 
 XVIII. And be it enacted, That it shall be the duty of each party 
 assessable in any Township, Village or Ward, if required by the assessor 
 or by one of the assessors, if there be more than one, to deliver to such 
 assessor a statement in writing signed by such party (or his Agent, if 
 such party be absent) and containing all the particulars respecting the 
 property or income assessable against such party which are required in 
 the Assessment Roll ; and such statement shall be declared to by such 
 party or his Agent before the assessor ; or, if there be more than one 
 assessor, before any one of them, in the following form : 
 
 " I, A. B., do solemnly declare that the foregoing statement contains 
 **a full and true account of all taxable property and income assessable 
 " against me (or against C. D.,) in the Township, (Village or Ward of 
 *' ) and that the amount or values (or yearly values) therein 
 
 "assigned to the same, are the full and true amount and value (or yearly 
 " value) thereof, to the best of my knowledge and belief; (and if the 
 *• declaration be made by an Agent, add : and that I have the means of 
 "knowing and do know the extent and value of the property assessable 
 ** against the said ") : 
 
 And any wilfully false statement in any such declaration, shall be a 
 misdemeanour punishable as perjury, and if any such assessable party 
 shall fail to deliver such statement and declaration to the Assessor or one 
 of the Assessors when thereunto required, such person shall thereby 
 forfeit to the Municipal Corporation of the Village, Town, City or Town- 
 
 169 
 
 Number of ntn- 
 cssora or collec- 
 (on liow fixed . 
 
 Locality mny l)i' 
 divided into ntis- 
 pestncnt Dis- 
 tricts, &c. 
 
 When tlic .nsRcs- 
 sors shnll make 
 out their rollF, 
 
 Form of assess- 
 ment rolls, and 
 llieir contentp. 
 
 Rtntement to li<> 
 furnished to ns- 
 sessors by partirf 
 asfcssalilp. 
 
 False Btatement 
 to be puniHhable 
 as perjury. 
 
 ■'III'. 
 
 I 
 
 U I 
 
 
 (■! 
 
170 
 
 ASSESSMENT ACT. 
 
 f. 
 
 mil 
 
 
 How lands of 
 iiaii-resident!i 
 shall be entered 
 m the rolls. 
 
 ship, the sum of Five Pounds currency, to be recovered as a debt dus 
 to such Municipal Corporation in any way in which debts due to it can 
 rroviio. be recovered : Provided that no such statement shall bind the Assessor 
 
 or Assessors further than they shall from their personal knowledge, 
 believe the same to be correct, nor shall it exquse them from making 
 due inquiry whereby to ascertain whether it is or is not correct. 
 
 AitopenonsMs- XIX. And be it enacted, That when a person shall be assessed as 
 scnutive* "char- Trustee, Guardian,, Executor or Administrator, he shall be assessed as 
 actcr. such with the addition to his name of his representative character, and 
 
 such assessment shall be carried out in a separate line from his indi- 
 vidual assessment, and he shall be assessed for the vahie of the real 
 estate held by him, whether in his individual name or in conjunction 
 with others in such representative character, at the full value thereof, 
 and for thetcxable personal property held by him in such character, at 
 the full value thereof, or for the proper proportion thereof, if othersy 
 resident within the same Municipality, be joined with him in such repre- 
 sentative character. 
 
 XX. And be it enacted. That the lands of non-residents shall be desig- 
 nated in the same Assessment Roll, but in a part separate from the other 
 assessments, headed " Non-residents' Land Assessments," and in the 
 manner following, that is to say : 
 
 If the land to be assessed be a tract not known to be sub-divided into 
 lots, it shall be designated by its boundaries or other intelligible des- 
 cription: 
 
 If it be a tract which is known to be sub-divided into lots, or be part 
 of a tract known to be so sub-divided, the Assessors shall proceed as 
 follows : 
 
 They shall designate the whole tract in the manner above prescribed 
 with regard to undivided tracts : 
 
 If they can obtain correct information of the sub-divisions, they shall 
 put down in their assessment rolls, and in a first column, all the unoccu- 
 pied lots owned by non-residents, by their numbers and names alone 
 and without the names of the owners, beginning at the lowest number 
 and proceeding in numerical order to the highest : in a second column, 
 and opposite to the number of each lot, they shall set down the quantity 
 of land therein liable to taxation ; in a third column and opposite to the 
 quantity, they shall set down the value of such quantity, and if such 
 quantity be a full lot, it shall be sufficiently designated as such by its 
 name or number as aforesaid, but if it be part of a lot, the part shall 
 be designated by boundaries, or in some other way by which it may be 
 known. 
 
 XXI. And be it enacted, That all real and personal property liable to 
 taxation shall be estimated by the Assessors at its full value, (oj* full 
 yearly value, as the case may be) as they would appraise the same in 
 payment of a just debt due from a solvent debtor. 
 
 XXII. And be it enacted. That every male inhabitant of any City, 
 incorporated Town or Villag, '"the age of twenty-one or upwards, and 
 not over sixty, not otherwi assed, and not now exempted by law 
 from performing statute labo .., shall instead of such labour be taxed 
 ten shillings yearly, to be levied and collected in the same manner as 
 other local taxes, to the use of the corporation of the place ; and the 
 Assessors shall return on their Rolls a list of the persons liable under 
 this section, and shall give them like notice with other parlies assessed ; 
 and the Clerk of the Corporation shall enter their names and the sum 
 for which they are taxable, on the Collection Rolls, and the Collectors 
 shall collect and pay over the same in like manner as other taxes : And 
 
 Asii'sscd value 
 to 1)0 the full 
 
 value. 
 
 Tar inelcad of 
 sMiiite labour In 
 ciiics and towns, 
 
IS a debt dus 
 due to it can 
 i the Assessor 
 il knowledge, 
 from making 
 rect. 
 
 9 assessed as 
 > assessed as 
 haracter, and 
 om his indi- 
 e of the real 
 ti conjunction 
 alue thereof, 
 character, at 
 3f, if others, 
 n such repre- 
 
 lall be desig- 
 rom the other 
 ' and in the 
 
 -divided into 
 Uigible des- 
 
 's, or be part 
 proceed as 
 
 3 prescribed 
 
 h they shall 
 the unoccu- 
 ames alone 
 est number 
 nd column, 
 he quantity 
 •osite to the 
 and if such 
 such by its 
 spart shall 
 it may be 
 
 ty liable to 
 3, (or full 
 B same in 
 
 any City, 
 vards, and 
 d by law 
 
 be taxed 
 lanner as 
 ; and the 
 ble under 
 assessed ; 
 
 the sum 
 Collectors 
 ces: And 
 
 Statute labour in 
 
 townshipi. 
 
 Parties not ai- 
 
 sesaeU. 
 
 Parties atseiied. 
 
 ASSESSMENT ACT. l7l 
 
 that every male inhabitant of any Township between the ages aforesaid 
 and not otherwise assessed, shall be liable to two days of statute labour 
 on the Roads and Highways in such Township ; and every party assessed 
 upon the assessment Roll of any Township shall, if the property of such 
 party be assessed — 
 
 At not more than Fifty Pounds, i>e liable to two days of labour ; 
 
 At more than Fifty Pounds, but*not more than One Hundred Pounds, 
 to three days labour ; 
 
 At more than One Hundred Pounds, but not more than One Hundred 
 and Fifty Pounds, to four days labour ; 
 
 At more than One Hundred and Fifty Pounds, but not more than Two 
 Hundred Pounds, to five days labour ; 
 
 At more than Two Hundred Pounds, but not more than Three Hundred 
 Pounds, to six days labour ; 
 
 At more than Three Hundred Pounds, but not more than Four Hundred 
 Pounds, to seven days labour ; 
 
 At more than Four Hundred Pounds, but not more than Five Hundred 
 Pounds, to eight days labour ; 
 
 At more than Five Hundred Pounds, but not more than Six Hundred 
 Pounds, to nine days labour; 
 
 At more than Six Hundred Pounds, but not more than Eight Hundred 
 Pounds, to ten days labour ; 
 
 At more than Eight Hundred Pounds, but not more than One Thousand 
 Pounds, to twelve days labour; 
 
 And for every Two Hundred Pounds above the sum of One Thousand 
 Pounds, to one days labour, unless the Municipality of such Township 
 shall have directed by By-law that a sum of money be paid in commu- 
 tation of such labour, in which case all the provisions of this section, as 
 to the said tax of ten shillings, shall apply to the commutation money 
 to be paid under such By-law : Provided always, firstly, that the 
 Municipality of any City, Town, Village or Township, may, by By- 
 law to operate generally and rateably, reduce, and at their discretion 
 increase the number of day; labour to which any such patty rated on 
 the assessment Roll, or otherwise, shall be liable under this Act : 
 Provided, secondly, that in case no. distress, sufficient to satisfy the 
 said sum often shillings and the expense of issuing any warrant of dis- 
 tress, shall be found, it shall and may be lawful for the head of any such 
 Municipal Corporations before whom complaint shall be made, to com- 
 mit the offender to the Common Gaol of the County for any lime not 
 exceeding six days, unless such sum and costs shall be sooner paid. 
 
 XXHI. And be it enacted. That the statute labour mentioned in the 
 next preceding section shall, as against non-residents, be and is hereby 
 commuted for the sum of two shillings and six pence currency for each 
 day's labour, and the sum to which such statute labour shall amount at 
 the said rate, shall be added to the taxes payable by such non-residents 
 respectively, and collected as other taxes under this Act. 
 
 XXIV. And be it enacted. That the Assessors shall complete their 
 Assessment Rolls on or before such day in every year as the Council or 
 Municipality of the City, Town, Village or Township shall appoint. 
 
 XXV. And be it enacted. That the Assessors shall also immediately 
 after the completion of their Roll, leave for every party named thereon 
 and resident or domiciled within the City, Town or Village or 
 Township, a notice of the actual or yearly value at which his real pro- 
 perty ana of the sum at which his taxable personal property shall have 
 been assesed by them. 
 
 XXVI. And be it enacted. That immediately after the completion of Ron* to be eer- 
 their Rolls, the Assessor, or if there be more than one, the Assessors, or ofg^** ^^ »"«««- 
 
 it 
 
 Commutation. 
 
 Proviso : statute 
 labour may be re- 
 duced by iJy-law. 
 
 Proviso : if no 
 distress can be 
 found. 
 
 As to statute la- 
 bour perlbruiable 
 by non-resident*. 
 
 Time for corn- 
 pleiinl? assess- 
 ment rolls. 
 
 Notice to parties 
 assessed. 
 
 V 
 
 15 v^ 
 
 u 
 
 '!' ^.i 
 
 m 
 
 i is 
 
■I 
 
 . ;<■ 
 
 I i u 
 
 
 Form 
 cite. 
 
 Certified roll to 
 be delivered to 
 the clerk. 
 
 Appeal given to 
 parties deeming 
 tliemselveB ng- 
 prieved, nnd 
 court for trying 
 it appointed. 
 
 1^2 ASSESSMENT ACT. 
 
 a majority of them, shall sign the Assessment Bolli first attaching 
 thereto a certificate signed by them, in the following form : 
 
 of ccrtifl- <* I do (or we do severalh') certify, that I (or we) have set down in 
 "the above Assessment Roll, all the real property liable to taxation, 
 " situate in the Township, Village or Ward of 
 
 " (as the case may be) and the true actual (or vearly) value thereof in 
 " each case, according to the besf of my (or our) information and 
 *' judgment: and also that the said Assessment Roll contains a true 
 ** statement of the aggregate amount of the taxable personal property of 
 " every party named m the said Roll ; and that I (or we) have esti- 
 " mated the same according to the best of my (or our) information and 
 "belief." 
 
 XXVII. And be it enacted, That the Roll thus certified shall, on or 
 before such day as the Council of the City, Town, Village or Township 
 shall appoint, be delivered by the assessor or assessors to the Clerk of 
 the Township, (Village, Town oi- City as the case may be,) who shall lay 
 the Roll before the Court of Revision hereinafter mentioned. 
 
 XXVIII. And be it enacted, That in case any party shall deem 
 himself overcharged by the assessor or assessors in his or their Roll, he 
 or his Agent may, within six days after the notice aforesaid shall have 
 been left for him as aforesaid, or if he be a non-resident, then within six 
 days after the Roll shall have been returned to the Clerk, notify the 
 Clerk of the City, Town, Village or Township, in writing, of such 
 overcharge, and the complaint shall be tried by a Court of five Mem- 
 bers of the City, Town, Village or Township Municipality or Council, 
 to be appointed by such Municipality or Council, and at such time as 
 the said Court shall appoint, reasonable notice of such time being given 
 to the complainant and to the assessor or assessors who made the 
 Roll ; and the Court after hearing the complainant and the assessor or 
 assessors and any witness adduced by either of them, upon oath, or 
 without hearing either of them who shall fail to appear, shall finally 
 determine the matter and affirm or amend the Roll accordingly ; and 
 any three or more Members of the Court shall be a quorum, and any 
 majority of a quorum may decide all questions before the Court; and if 
 any two Members of the Municipality or Council (whether Members of 
 the said Court or not) shall think that any party has been assessed too 
 low, the Clerk shall, on their request in writing, give reasonable notice 
 to such party and to the assessor or assessors, of the time when the matter 
 will be tried by the said Court, or if such party be a non-resident, shall 
 insert such noticu in some newspaper published in the City, Town, 
 Village or Township, or if there be none, then in one published at 
 the nearest place in the County, giving in such notice either the name 
 of the party or a general description of the property if the name be not 
 on the Roll, and inserting any number of such names or descriptions in 
 the same advertisement; and the matter shall be decided in the same 
 manner as complaints by a party assessed ; and the Roll as finally 
 passed by the said Court and certified by the Clerk as so passed, shall 
 be valid and shall bind all parties concerned, notwithstanding any defect 
 or error committed in or with regard to such Roll : Provided always that 
 reasoriable notice under this section, shall be understood to mean a 
 notice in v^riting from the Clerk of the Corporation, to be left at the 
 residence of the party to whom it is addressed, if known and within the 
 limits of the Municipality ; or if not so resident, then with any grown 
 person on the premises assessed, or where any of the personal property 
 assessed shall be, or addressed to such party through the Post Office, 
 such notice being so served, or posted, at least three days before the 
 time when the matter is to be tried by the said Court. 
 
 Evidence. 
 
 (ivorum. 
 
 tfaijy pnrtjr lias 
 Vieen asiicsfi'd too 
 low. 
 
 Roll finally cer- 
 tified to l)c bind- 
 ing. 
 
 Proviso ! as to 
 notice. 
 
 mor 
 asse 
 pov 
 of a 
 Coil 
 the 
 taxe 
 
'irst attaching 
 
 • 
 
 9 set down in 
 le to taxation, 
 
 lue thereof in 
 ormation and 
 >ntains a true 
 al property of 
 e) have esti- 
 ormation and 
 
 shall, on or 
 or Township 
 the Clerk of 
 
 who shall lay 
 
 i. 
 
 y shall deem 
 heir Roll, he 
 d shall have 
 en within six 
 k, notify the 
 _ing, of such 
 " five Mem- 
 • or Council, 
 mch time as 
 being given 
 
 made the 
 assessor or 
 
 ipon oath, or 
 shall finally 
 ingly; and 
 tm, and any 
 )url; and if 
 Members of 
 assessed too 
 lable notice 
 n the matter 
 iident, shall 
 :ity, Town, 
 ublished at 
 ir the name 
 ime be not 
 criptions in 
 
 1 the same 
 as finally 
 
 ssed, shall 
 any defect 
 Iways that 
 
 10 mean a 
 left at the 
 within the 
 my grown 
 il property 
 ) t Office, 
 before the 
 
 Court roiy make 
 reduction! in eer- 
 lain coiei of 
 hatdihlp. 
 
 Certain powers 
 vested in the 
 Court. 
 
 ASSESSMENT ACT. 173 
 
 XXIX. And be it enacted, That the said Court shall also have 
 power to receive and decide upon any petition from any party 
 assessed, for any tenement which stiall have remained vacant during 
 more than three calendar months, in the year for which the 
 assessment was made, or from any party who from sickness or extreme 
 poverty shall declare himself unable to pay his taxes, or who by reason 
 of any gross and manifest error in the Roll as finally psissed by the 
 Court, shall have been overcharged more than twenty-five per cent, on 
 the sum he ought to have been charged, and to remit or reduce the 
 taxes due by any such party, or to reject such petition, as to them shall 
 seem meet and right, unless some By-law shall be in force to govern 
 them in this behalf, in which case they shall decide in accordance with 
 such By-law : and the Council or Municipality of any City, Town, 
 Village or Township, is hereby empowered to make such By-laws and 
 to repeal or amend the same from time to time. 
 
 XXX. And be it enacted. That the said Court shall have full power to 
 meet and adjourn from time to time at pleasure, and the Court or any 
 Member thereof may administer an oath to any party or witness, or may 
 issue summons to any witness to attend such Court ; and if any witness so 
 summoned shall fail to attend, (being tendered compensation for his 
 time at the rate of Two Shillings and Six Pence a day), he shall incur 
 a penahy of Five Pounds, to bo recovered with costs by and to the use 
 of the Corporation of the City, Town, Village or Township, in any way 
 in which penalties incurred under any By-iaw thereof may be recovered ; 
 and the Clerk of the Corporation shall be the Clerk of the said Court. 
 
 XXXI. And be it enacted. That in every case in which any sum is 
 to be levied for County purposes, the Municipal Council of the County 
 shall by By-law direct what portion of such sum shall be levied in each 
 Township or incorporated Town or Village in such County ; and it shall 
 be the duty of the County Cleik before the First day of August in 
 each year to certify to the Clerk of each Township, or incorporated 
 Town or Village in his County, the total amount which shall have 
 been so directed to be levied therein in the then current year for County 
 purposes; and for the guidance of such Municipal Council, the 
 Clerk of each incorporated Town, Village or Township shall forth- 
 with pfter the final revision of the Assessment Rolls for the same 
 transmit to the County Clerk a statement of the aggregate value 
 or yearly value, (as the case may be) of all the taxable real property, 
 and of the amount of all taxable personal pioperty on such Rolls respec- 
 tively, as finally revised and passed; but the failure to transmit any 
 such Roll shall not affect the validity of any By-law of such County 
 Municipal Council. 
 
 XXXII. And be it enacted. That it shall be the duly of the Cl^rk of cierks to make 
 the City, Town, Village or Township to make out a Collector's Roll for <">» collector's 
 the Township or Village, or for each Ward in the City or Town, as the 
 case may be, on which shall be set down : the name of each party 
 assessed, — the correct assessed value of the real property of each parly, 
 — and the amount of personal property for which such party is taxable, 
 as the valuation on such roll may in any case be affected by any such 
 revision as afoi'esaid ; and he shall also set down on the same roll the 
 true valuation of the lands of non-residents, opposite to the respective 
 lots, part-lots or parcels of land, and as the same may be affected by such 
 revision or equalization : and he shall also calculate and set down the 
 amount for which each party, or each lot or piece of land of a non-resi- 
 dent is chargeable, for any sum or sums ordered to be levied by the 
 Municipal Council of the County for County purposes, under the head 
 
 In taxes for 
 county purpoveii, 
 tlic euni pHynlile 
 hyench township 
 &c., to l)e fixed 
 by By-law. 
 
 County Council 
 to have copies of 
 nesesfiment rolls 
 for their euid- 
 nnee. 
 
 J'roviso. 
 
 rolls ; their form 
 and contents. 
 
 !l 
 
 I 
 
 i\ li 
 
 i-4 
 
 ■if II 
 
 m 
 
 
 "I i 
 
174 
 
 P 
 
 I 
 
 
 !lf 
 
 Duty of collec- 
 lori on receiving 
 their roll». 
 
 I'roviio : taxei 
 on lands of non- 
 residenig mny l>c 
 |ini(l to county- 
 treasurer. 
 
 Account to t« 
 kepthyl)lm,&c., 
 nnd money* 
 received to be 
 paid over. 
 
 Treasurer to he 
 furnished with 
 extract from rolls. 
 
 Taxes how lev led 
 if not pnid, and 
 on what goods. 
 
 Notice nnd man- 
 ner of sale. 
 
 Surplun how 
 dealt with. 
 
 ASSESSMENT ACT. 
 
 of ** County Rate," the aggregate of which column shall be the whole 
 sum for which the Township, Village or Ward, shall be taxed for Coun- 
 ty purposes; and he shall also calculate and set down on the Roll, in a 
 separate column, opposite to the namos and lots therein, the amount 
 with which each party or lot is chargeable for any sum or sums ordered 
 to be levied by the Township, Village, Town or City, Municipality or 
 Council for Township, Village, Town or City purposes, or for commuta- 
 tion of statute labour, the aggregate of which column shall be the whole 
 sum to be levied for such *fownship. Village, Town or City purposes, 
 and which column shall be headed "Township Rate," "Village Rate," 
 "City Rate," or "Town Rate," as the case may be. 
 
 XXXIII. And be it enacted, That every Collector upon receiving his 
 Collection Roil, shall proceed to collect the taxes, therein mentioned, 
 and for that purpose shall call at least once on the party ta.xed, or at the 
 place of his usual residence or domicile, if within the Township, 
 Villaffe, Town or City, in which such Collector has been appointed, 
 and snail demand payment of the ta.xes charged on the property of such 
 party : Provided always, that the ta.xes upon lands of non-residents in 
 any Township in any County, may be paid to the County Treasurer, 
 who, on being thereunto required, shall receive the same and ^ive a 
 receipt therefor, specifying the amount paid, the period for which it is 
 paid, the lot or parcel of land npon which it is paid, and the Concession 
 and Township in which such land lies, and the date of payment : but 
 the parly making such payment to the County Treasurer shall also j)av 
 him therewith a sum equal to live per cent, on the taxes so paid, which 
 shall be the remuneiation of such County Treasurer for his trouble : 
 And such County Treasurer shall keep an exact account of all sums so 
 received by him, and shall pay over the same to the Treasurer of the 
 Townships, Towns or Villages to which they shall respectively belong, 
 before the fourteenth day of December in each year ; in default whereof 
 he may be compelled to pay over the same in the manner hereinafter 
 provided ; and on paying over such sums, he shall deliver to the Trea- 
 surer to whom they are to be paid, an account, shewing, with respect to 
 such sums respectively, the particulars above required in the receipt 
 given to the party paying them, and for the purpose of this Section, it 
 shall be the duty of the Clerk making out any Collector's Roll, to for- 
 ward immediately to the County Treasurer a copy of so much of the 
 said Roll as shall relate to taxes on the lands of non-residents. 
 
 XXXIV. And be it enacted. That in case any party shall refuse 
 or neglect to pay the taxes imposed upon him, for the space of fourteen 
 days after such demand made as aforesaid, the Collector shall levy the 
 same with costs, by distress and sale of the goods and chattels of the 
 party who ought to pay the same, or of any goods or chattels in his 
 pos,?ession, where ever the same may be found within the Township, 
 Village, Town or City in which he is the Collector; and no claim of 
 property, lien or privilege thereupon or thereto, shall be available to 
 prevent the sale, or the payment of the taxes and costs out of the 
 proceeds thereof. 
 
 XXXV. And be it enacted. That the Collector shall give public 
 notice of the day of sale and of the name of the party whose property is 
 to be sold, at least six days previous to the sale, by advertisement to be 
 posted up in at least three public places in the Township, Village or 
 Ward wherein such sale shall be made ; and the sale shall be made by 
 public auction. 
 
 XXXVI. And be it enacted, That if the property distrained shall be 
 sold for more than the whole amount of the taxes and costs, the surplus 
 shall be returned to the party in whose possession such property was 
 

 9 the whole 
 (d for Coun- 
 le Roll, in a 
 the amount 
 jms ordered 
 licipality or 
 r commuta- 
 e the whole 
 y purposes, 
 [age Rate," 
 
 jceiving his 
 mentioned, 
 3d, 01 at the 
 Township, 
 appointed, 
 erty of such 
 ■esidents in 
 Treasurer, 
 and ^ive a 
 which it is 
 Concession 
 ,'ment: but 
 ill also pav 
 )aid, which 
 is trouble : 
 all sums so 
 urer of the 
 ely belong, 
 lit whereof 
 hereinafter 
 ) the Trea- 
 1 respect to 
 the receipt 
 Section, it 
 !olI, to for- 
 jch of the 
 
 3. 
 
 all refuse 
 )f fourteen 
 1 levy the 
 :e]s of the 
 els in his 
 Township, 
 » claim of 
 ailable to 
 out of the 
 
 ve public 
 (roperty is 
 nent to be 
 V^illage or 
 I made by 
 
 l shall be 
 le surplus 
 jerty wag 
 
 Powers of collec- 
 tor where parties 
 have removed. 
 
 ASSESSMENT ACT. 176 
 
 when the 'distress was made, if no claim to such surplus shall be made 
 by any other party, on the ground that the property sold belonged to 
 him, or that he is entitled by lien or privilege to such surplus; and if 
 any such claim be made and be admitted by the party for whose taxes 
 the same was distrained, the surplus shall be paid to such owner ; but 
 if such claim be contested, the surplus money shall bo paid over by the 
 Collector to the Township, Village, or Town Treasurer, or City Cham- 
 berlain, who shall retain the same until the respective rights of the 
 parties shall bo determined by action at law or otherwise. 
 
 XXXVII. And be it enacted, That if any party against whom any 
 tax now is or hereafter shall be assessed in any Township, Village, 
 Town or City, shall have removed out of the same after such assess- 
 ment, and before such tax shall have been collected, or if any party 
 shall neglect or refuse to pay any tax which now is or hereafter shall 
 be assessed in any Township, Village, Town or City, within the County 
 in which he shall reside, and payable by him, it shall be lawful for the 
 Collector of such Township, Village, Town or City, to levy and collect 
 such tax with costs, by distress and sale of the goods and chattels of the 
 party aforesaid, in any Township, Village, Town or City, which for 
 judicial purposes shall be within the same County, and to which such 
 party shall have so removed, or in which he shall reside, or of any 
 goods or chattels in his possession therein: and if in any case the taxes 
 payable by any party cannot be recovered in any special manner pro- 
 vided by this Act, they may be recovered, with interest and costs, as a 
 debt due to the City, Town, Township or Village in any competent 
 Court in this Province ; and the production of a copy of so much of the 
 Collector's Roll as shall relate to the taxes so payable by such party, 
 purporting to be certified as a true copy by the Clerk of such City, 
 Town, Township or Village, shall be prima facie evidence of the debt : 
 and the taxes accrued or to accrue on any land shall be a special lien on 
 such land, having preference over any claim, lien, privilege or incum- 
 brance of any party except the Crown, and shall not require registra- 
 tion to preserve it, and shall bear interest from the time they become 
 due, which interest shall be deemed part of such taxes : Provided 
 always, that out of theiimount recovered in any such suit, the Treasurer 
 of the Town, Township^ or Village shall pay over to the Treasurer of the 
 County, the portion (if any) appertaining to the Country. 
 
 XXXVIII. And be it enacted, That the Collector shall receive the t»\ 
 on any lot, piece or parcel of land separately assessed, although ■ 
 taxes on others assessed against the same party be not paid, or jpon any 
 undivided part of any such lot, piece or parcel of land : provided the 
 the person paying such lax sViall furnish, in writing, a statement of such 
 undivided part, shewing also who is the owner thereof; and if the lax 
 on the remainder of such lot, piece or parcel of land shall remain unpaid, 
 the Collector shall enter the substance of such statement in his return to 
 the proper Treasurer or City Chamberlain, to the end that the part on 
 which the tax remains unpaid may be clearly known, so that such 
 undivided part may be excepted in case of the sale of the remainder. 
 
 XXXIX. And be it enacted, That the Commissioner of Crown Lands 
 shall, within thirty days after the first day of January, of each and every 
 year, after the passing of this Act, transmit to each and every County 
 Treasurer, a list of all the lands granted or leased during the preceding 
 year,to the end that the said Treasurers may,and they are hereby required 
 to furnish each Township Clerk with a list of all the lands in the Town- 
 ship for which he is Clerk, that have been granted or leased during the 
 said term. 
 
 XL. And be it enacted, That it shall be the duty of the Collector to collectors to re* 
 
 Taxe« how rp- 
 covcrnble when 
 thv itpecini 
 ineniiH ihRll be 
 intiufncient. 
 
 To tie privileged 
 lien on land. 
 
 Proviso. 
 
 Collector may fe- 
 ci' ive inxea on 
 j:i(Iivi(led por- 
 tions of lands, 
 &c. 
 
 Entry in such 
 case. 
 
 Lint of certain 
 liiiids to lieirans- 
 niiited yearly by 
 coiitmissioiier of 
 crown lands to 
 county trea- 
 surers. 
 
 II 
 il 
 
 \ 
 
 I 
 If 
 
 iji 
 
 
 1 
 
 ■ 1 '■ 
 
 'i' M 
 
 i. M 
 
176 
 
 eeive laxei on 
 
 laiiJiornon- 
 
 reiidenli. 
 
 Time for return 
 of eollecioi'i 
 roll>. 
 
 Aecounii to be 
 rendered by col- 
 lector* oa oath. 
 
 Trengurer, or 
 Chnmberlnin to 
 have a copy of 
 roll as to lnnd« of 
 non-rcaldenla. 
 
 And eater taxes 
 paid. 
 
 Duty of Trea- 
 surer or Chnm- 
 berlnin as to such 
 lands on whieli 
 taxes are not 
 paid. 
 
 ifi' 
 
 Proviso : where 
 
 u 
 
 the owner of any 
 
 land* cannot be 
 
 :l.i 
 
 found. 
 
 ASSESSMENT ACT. 
 
 receive taxes upon the lands of non-residents if tendered to Aim within 
 the time of his collection* 
 
 XLI. And be it enacted, That on or before the fourleenth day of 
 December, in each year, or on such other day in each year as the Muni- 
 cipal Council of the County shall have appointed, it shall be the duty of 
 each Collector to return his Collector's Roll to the Treasurer of the 
 Township, Village or Town, or City Chamberlain, and to pay over the 
 amount payable to such Treasurer or Chamberlain. 
 
 XLII. And be it enacted, That if any of the taxes mentioned in the 
 Collector's Roll shall remain unpaid, and the Collector shall not bo 
 able to collect the same, he shall deliver to the Township, Villaae or 
 Town Treasurer, and to the County Treasurer (or to the City Cham- 
 berlain, if the account relate to a City) an account of all the taxes 
 remaining due on the said Roll ; and' in such account llie Collector shall 
 shew, opposite lo each separate assessment, the reason why ho could 
 not collect the same, by inserting in each case the words *' non-resident" 
 or '* no property to distrain" as tne case m.iy be, and upon making oath 
 before the Treasurer or Chamberlain that the sums mentioned in such 
 account remain unpaid, and that he has not upon diligent enquirybeen 
 able to discover any goods or chattels belonging to or in the possession of 
 the parties charged with or liable to pay such sums, whereon he could 
 levy the same, he shall he credited with the amount thereof, and the 
 said account shall be sufficient authority to the County Treasurer or City 
 Chamberlain to proceed to pell the lands on which such ta.\es remain 
 unpaid in the manner hereinafter provided. 
 
 XLIII. And be it enacted. That it shall bo the duty of the proper 
 Clerk, previously to the delivery of the Collector's Rolls by him to the 
 several Collectors, to furnish the Treasurer of the Township, Village, or 
 Town, or the Chamberlain of the City, with a correct copy of each 
 Roll so far as the same relates to the lands of non-residents ; and such 
 Treasurer or Chamberlain shall enter the same in a book to be kept by 
 him for that purpose, together with the taxes charged upon such lands. 
 
 XLIV. And be it enacted. That upon the return of the Collector's 
 Rolls to the said Treasurer or Chamberlain, he shall enter in the said 
 book any taxes which may have been charged upon such lands by the 
 Municipal Council of the County, in which the land is situate, and he 
 shall also enter in the said book the taxes which shall appear to have 
 been received on such lands by the Collector. 
 
 XLV. And be it enacted. That it shall be the duty of the said County 
 Treasurer or Chamberlain to prepare a list of such lands in each Town- 
 ship, Village, Town, or City upon which any taxes shall remain due 
 at the time of the Collector making his return, distinguishing in sepa- 
 rate columns, and opposite the lots or parcels of land reRpectively, the 
 amounts due for County Rates, and the amounts due for Township, Vil- 
 lage, Town or City Rates, and it shall be the duty of such County 
 Treasurer or Chamberlain, within one month after the receipt of such 
 Collector's Roll, to address a circular letter through the Post to the 
 owners of the several lots or part-lots of land respectively, on which 
 taxes are still due, stating the amount due, and calling upon such 
 owners respectively for payment thereof. Provided always, that in any 
 case where the County Treasurer or Chamberlain shall not be able 
 to satisfy himself who the owner of any land in the said list is, or where 
 he resides, it shall be the duty of such Treasurer or Chamberlain to 
 
 }mblish in the Government Official Gazette of the Province, a list of such 
 ands, setting forth the total amount due on each, and calling on the 
 owners for payment, charging the expenses of publication against the 
 lands in quet:tion in proportion to the amount due on them respectively ; 
 
lim withia 
 
 nth day of 
 itheMunt- 
 the duty of 
 rer of the 
 y over the 
 
 nod in the 
 lall not bo 
 Villaae or 
 ty Cham- 
 I the taxes 
 ector shall 
 he could 
 resident" 
 aking oath 
 hI in such 
 ^uirybeen 
 issession of 
 1 he could 
 f, and the 
 irer or City 
 ces remaiifi 
 
 the proper 
 lim to the 
 Village, or 
 y of each 
 and such 
 )e kept by 
 ich lands. 
 
 Collector's 
 I the said 
 ids by the 
 e, and he 
 ir to have 
 
 lid County 
 ich Town- 
 icnain due 
 ? in sepa- 
 ;ively, the 
 iship, Vil- 
 jh County 
 ptof such 
 est to the 
 on which 
 upon such 
 that in any 
 )t be able 
 ?, or where 
 iberlain to 
 list of such 
 ng on the 
 gainst the 
 pectively ; 
 
 ASSESSMENT ACT. 
 
 and such expenses ahull bo levied on such lands with the taxes due on 
 thorn, and with the same advantage of privileged lien. 
 
 XL VI. And be it enaoteil, That the Treasurers of the several Coun- 
 ties in Upper Canada, shall on or before the first day of January, one 
 thousand eight hundred ai<d lifty-une, make out and submit to the 
 Municipal Council of the County, a true list of the lands in their Coun- 
 ties respectively, or in any Cities or the liberties thereof, lying within 
 the limits or on the borders of such County on which any taxes shall 
 then remain unpaid, staling the number of acres in each lot or part-lot, 
 describing the same ta hereinbefore prescribed with re^anl to such 
 lands, the number of year.) for which it is in arrears for taxes, and the 
 amount of taxes due on each lot or part-lot respectively, buth for taxes 
 chargeable under the Wild Land Assessment Law, and fur assessments 
 lawfully imj^Oded under By-laws of the Municipal Councils, together 
 with the names of the owners respectively, as far as such Treasurers 
 may be enabled to ascertain the same ; and the said arrears shall be 
 certified to the Clerk of the proper locality by the County Clerkj and 
 shall be adde<l to the Assessment Roll for the year one thousand eight 
 hundred and fitly-one, and collected in like manner, and the proper pro- 
 portions of the moneys so collected shall be accounted for and paid over 
 to the Treasurers ot the several Municipalities for the purposes for 
 which they were originally imposed. 
 
 XLVII. And be it enacted. That in all cases where any Township or 
 Townships, or any part or parts thereof, shall have been detached from 
 any District or County for the formation of any new District or County, 
 since the passing of the Wild Land Assessment Law, the Treasurers of 
 each of such Districts or Counties respectively, shall, on or before the 
 first day of January, one thousand eight hundred and fifty-one, meet 
 together at some convenient place to be agreed upon between them, and 
 make up a correct list of the arrears of taxes due on the lands in such 
 Townships or parts of Townships respectively, up to the periods at 
 which such lands became parts of the said new Districts or Counties, 
 and it shall be the duty of the Clerk of the County in which the Town- 
 ship then actually Viefi, to include the amount of such arrears of taxes 
 as aforesaid due in the Township in his list of arrears of taxes due on 
 such lands, respectively, for the year one thousand eight hundred and 
 fifty-one ; and it shall be the duty of the Treasurer of the County to 
 pay over to the Treasurer of the County from which (or from the Dis- 
 trict subsequently forming it) such Townships or parts of Townships 
 were respectively detached, that portion of the said arrears accrued 
 while the Township wa,- part of such District or County, which i» by 
 law applicable for County purposes, reserving for the use of his own 
 County that portion only of such arrears which is applicable for the im- 
 provement of the Heads and Bridges in the said Townships respectively ; 
 the said payments to be made as aforesaid, on or before the first day of 
 January, one thousand eight hundred and fifty-two. 
 
 XLVIIL And be it enacted, That the County Treasurer or City Cham- 
 berlain shall, within thirty days after the Collector has made his return, 
 issue a warrant under his hand and seal, directed to the Sheriff of the 
 County or High Bailiff of the City, commanding him to levy on the 
 said lands of non-residents for the amonnt of the taxes then remaining 
 due thereon, with his costs. 
 
 XLTX. And be it enacted. That the Sheriff or High Bailiff to whom 
 the warrant is directed, shall, within the then current year, cause the 
 same to be executed, giving at least three months notice, and shall mal^e 
 return thereof to the County Treasurer or City Chamberlain issuing the 
 same, and shall pay to him the money levied by virtue thereof ; and the 
 
 177 
 
 Duly of irca- 
 •urcrt of coun- 
 llFi alio land* ou 
 which (met re- 
 main iluc oil 
 111 January, 
 1831. 
 
 And of the eoun* 
 ty clerkv, niicli 
 nrrunr* lo tie 
 ailduil to niKfi' 
 inent rullH. 
 
 As to tuwnihipi* 
 or |)uri8 or town- 
 shlpn which have 
 licen (leuichfd 
 from (IlKtricia or 
 couiiiii'ii within Q 
 curtain time. 
 
 Warrant for 
 levying t.ixes on 
 non-rei>identJs' 
 land* if not palif^ 
 
 I>uiy ofaheriir, 
 &c., to whom ibr 
 warrant ia ad- 
 drustetl. 
 
 i 
 
 
 f 
 
 \. 
 
 n 
 
 ■» i ■ 
 
 Kii 
 
 \i ) 
 
178 
 
 AdwitlMiiicnior 
 tliiii' and pitcoof 
 
 MlV. 
 
 Further notice 
 tlicreof. 
 
 OoniiMili of 
 notice*. 
 
 Hole \t no (Kirtoii 
 cOineH rutwiird to 
 pay tliu taxva. 
 
 (Jertificatc to he 
 pivcn by 8hetiil°, 
 itc, to pur- 
 chaner. 
 
 Holders of certi- 
 ficatcH to pay 
 inxes, 8nviti){ 
 their recouritv. 
 
 Provito : incnic 
 of ncKlcct to pay 
 auch laxei. 
 
 ASSESSMENT ACT. 
 
 Sheri(T shall have for executing and returning snoh warrant. Five 
 Shillings for the mile of uaoh separate lot or parcel of iuntl, ami may 
 (leJuet and retain for himielf three per cent, on the amount levied by 
 him, and the remainder whereof shall be paid over lu the Treasurer or 
 Chamberlain. 
 
 L. And be it enacted, That the said Sheriff or High Bailiff shall give 
 notice of the time and plaice of Hule of any reiil estate so taken fortaxest 
 by an ndverlisemetit thereof, inserted once in eauh month during four 
 snceKsive months, ia some newspaper of ilio County or Ci»y where 
 the real estate lies, if there be any such nowspapor, and if not, then in 
 n ntnvspaper printed in nny adjacent County, tlif> last publication of 
 which advertisement shall be at least one week prior to the time of sale. 
 
 LI. And bo it enacled, That the said Sheriff or High Railifi' shall 
 also post a notice similar to the advertisement required by the preceding 
 section, in some conveniunt and public place within the County or City, 
 three weeks before the time of sale. 
 
 LII. And be it enacted, That the notices required by the two pre- 
 cedinK sections shall ^lalu the names of all the owners who are known to 
 the said Sheriff or lli;j:li Haililf, with the total amount of the taxes assess- 
 ed on their lands respectively, and when the owners are not so known, 
 the advertisement nhall state the total amount of the taxes on the ioveral 
 lots, part-lots, or parcels of land to be sold as aforesaid. 
 
 LIII. And be it enacted, That if no pc'r«)ii shall ajipear to pay the 
 taxes at the time and place appointed for the sale of lands so taken for 
 taxes, the Sherill or ni(j;h Baililf shall ssell by public auction so much 
 of such lands as shall be suflicient to discliaij^e such taxes, with the 
 interest thereon, and all lawful chaiires incurred in and about such sale 
 and the collection of such taxes, selliny; in preference such part of such 
 real estate as ho may consider it most for the ndvanlaufe of the owner to 
 sell first, slating distinctly in the certificate to be delivered by him to 
 the purchaser, what part of the lot is so sold, or that the whole lot or 
 estate is so sold, as the case may be. 
 
 LIV. And be it enacted^ That the Sheriff or High Bailiff selling any 
 lands for taxes, shall give a certificate under his hand to the purchaser, 
 describing the lands sold, the quantity of such lands, the sum for which 
 they were sold and the expenses of sale, and stating that a ileed con- 
 veying the same to such purchaser will be executed by the Sheriff or 
 High Bailiflf, on his demand, at any time after the exjpiration of three 
 years from the date of such certificate, if the land be not previously 
 redeemed. 
 
 LV. And be it enacted, That all holders of Sheriff's or High Bailiff's 
 certificates for lands sold under this Act, shall pay the taxes which may 
 accrue thereon during the term allowed for redemption, and the taxes 
 so paid shall be added to the amount specified in such certificate, and 
 shall be subject to the payment of ten per cent, interest, in like manner, 
 provided the holder of such certificate shall have given the Sheriff or 
 High BailifT notice and proof of the payment of such taxes, in order that 
 the amount and interest thereon may be by him received from the party 
 redeeming : Provided always, that if the holder of such certificate shall 
 neglect to pay the taxes accruins as aforesaid, such lands shall be again 
 sold as hereinbefore provided, subject to the right of redemption by the first 
 purchaser during the three years from such second sale, on the payment of 
 the amount disbursed by the second purchaser with interest at the rate 
 of ten per cent, per annum, and without prejudice to the right of the 
 original owner to redeem the same from either purchaser, on" the pay- 
 ment of the price, interest at the rate last aforesaid, and all lawful costs, 
 at any time during the three years from the first sale, but not afterwards. 
 
rrant. Five 
 , ana miiy 
 ; levied by 
 reasurer or 
 
 r shall give 
 n fortaxect 
 luring four 
 Ji'y where 
 )ot, then in 
 )lication of 
 me of sale. 
 
 kilin shall 
 9 preceding 
 tity or City, 
 
 e two pre- 
 e known to 
 xo» ussese- 
 : 80 known, 
 the iioveral 
 
 to pay the 
 ) taken for 
 II so much 
 ), with the 
 t such Hale 
 lart of such 
 he owner to 
 by him to 
 hole lot or 
 
 selling any 
 purchaser, 
 
 1 for which 
 deed con- 
 Sheriff or 
 
 )n of three 
 previously 
 
 Sh Bailifl''a 
 which may 
 
 the taxes 
 ficate, and 
 ce manner, 
 
 Sheriff or 
 
 I Older that 
 n tlie party 
 ficate shall 
 
 II be a^rain 
 by the first 
 payment of 
 at the rate 
 aht of the 
 
 the pay- 
 wful costs, 
 fterwards. 
 
 ASSESSMENT ACT. 
 
 LVI. And be it enacted, That the owner of any real oitata sold for 
 non-payment of taxes, uc his heirs, executors, atlminislralors or assigns, 
 may at uiiy time within three yearn from the day of sule, redeem the 
 ustttte 9ol(i, by paying or tendering lu the County Treasurer ur Ciiy 
 Chamberlain, for the u^e and benefit of such purchaser ur his leuul 
 representatives, the sum paid by him, including taxes paid since trie 
 sale, together with interest on such sum or sums, at the rate of ten per 
 cent, per annum, as such amount may be olfiuially known to such 
 Treasurer or Ciiainburlain ; and the Muid Treasurer or Chamberlain 
 shall give to the party paying such re(lutn|)tiun money a receipt e<taiing 
 the sutn paid and the object of the payment, and such receipt shall be 
 evidence of the redemption. 
 
 LVII. And be it enacted, That if the land bo not redeemed within 
 the period hereinbefore allowed for its redemption, the Sheriff or High 
 Bailiff shall, on the demand of the purchaser at any time after the 
 expiration of the said period, anil on payment of the sum of Two 
 Shillings and Six Pence to him by such purchaser, execute and deliver 
 a deed of sale of such land to the purchaser, his heirs and assigns ; and 
 iiuch deed shall state the date and cause of sale and the price, and shall 
 describe the land by its fitimtion, boundaries and quantity, and shall 
 liave the effect of vesting the land in the purchaser, his heiis and 
 assigns, in fee simple, free and clear of ail charges and incumbrances 
 thereon, except taxes accrued since those for the non-payment whereof 
 it was sold ; and the Sheriff or High Uuiiiff shall also give the purchaser 
 a certiHcatu of the execution of such deed, containing the particulars 
 aforesaid, under his hand and seal, which for the purposes of registra- 
 tion of the deed in the Uegistiy Office of the proper County shall be 
 deemed a memorial thereof, and the deed shall be registered and a 
 certificate of the registry tlioreof granted by the Kegister, on production 
 to him of the deed and certificate and without further proof: and the 
 Register shall, for the rey;i>try and certificate thereof, be entitled to 
 Three Shillings and Six Pence, and no more. 
 
 LVIII. And be it enacted. That the purchaser ofany land sold for taxes 
 under this Act shall, on receipt of the Sheriff's or High HaililPs certificate of 
 sale, become the owner thereof, so far as to have all the necessary rights 
 of action and powers fur protecting the same from spoh.iiinn or waste 
 until the expiration of the term during which the land may be reiieemed ; 
 he shall not knowingly permit any person to cut Timber growmg upon 
 the land, or otherwise injure the land, nor shall he do so himself, but 
 may use the same without deteriorating its value ; Provided always, 
 that from and after tender of the full amount of redemption money 
 required by this Act, the said purchaser shall cease to have any further 
 rigat in or to the land in question. 
 
 LIX. And be it enacted, That it shall be the duty of the County 
 Treasurer, on thl) receipt of the taxes on the lands of non-residents, to 
 pay over, as soon as reasonably may be, to the Treasurer of the proper 
 Township, Town or Village Municipality, the amount of sach taxes 
 belonging to them r^pectively. 
 
 LX. And be it enacted, That every Township, Village, Town or 
 County Treasurer or City Chamberlain, and every Collector, before 
 entering upon the duties of his office, shall enter into a bond with two 
 or more sufficient sureties, in such sum as the Municipal Council of the 
 County, or the Township or Village Municipality, or the Town or City 
 Council, shall require by any By-law to be j^assed in that behalf, and 
 in the manner required by such By-law, and in conformity to all the 
 provisions thereof; and such sureties shall be to the satisfaction of such 
 Municipal Corporations respectively, and such bond shall be to the 
 
 17& 
 
 Term iillowi-<i (tor 
 ledeemliif luch 
 Uiid*, Bud coil' 
 
 (ItltOlM of 
 
 rfUvnpiioii. 
 
 irUieundtjenui 
 r«(lecioed,»hvrttr, 
 lie., to convey it 
 to iiurclmtcr. 
 
 What itie 
 vhall vtaiv. 
 
 deed 
 
 Crrtificatc for 
 regiiiry. 
 
 Fee to ri'itiitrar. 
 
 rureha»cr lo 
 have ceriaiii 
 righia before iht 
 ronveyanco i« 
 made to tiiiu. 
 
 Proportion of 
 taxeii due to any 
 
 tOWII>lli(l,&C., to 
 
 t>e paid over to it. 
 
 Treaiurcrs and 
 ehnnilierlalns to 
 give Kcurity. 
 
 ^■> 
 
 , I 
 
 " ! 
 
 If 
 
 •i 
 
 i 1 
 
 \ ) I 
 
 ; I 
 
\'\ 
 
 180 
 
 I'vnnlty on n«' 
 senior negleciing 
 liii duty. 
 
 Mil collenguei 
 :iiay acc for blui. 
 
 I'uniKhinent of 
 (iHHeMor making 
 irnuiluleiit as* 
 
 BCMIUellt. 
 
 Primajacii erl- 
 ilei:ecorfruu(lu* 
 lent iiiieiuioii. 
 
 Mode of enfbrc 
 iiig|)aynieiii 
 frotii a collector 
 ill default. 
 
 Uutyoftheghertir 
 or iiigli baililf. 
 
 Croceedlnga 
 cigaiiisl a ^ihi'tifr 
 or bigb bailitr 
 iieElectiiig >ii( 
 duly. 
 
 ASSESSMENT ACT. 
 
 Township, Village, Town, City or County, by its corporate name, and 
 Khali be conditioned for the faithful performance of the duties of sooh 
 Treasurer, Chamberlain or Collector. 
 
 LXI. And be it enacted, That if any Assessor shall refuse or n^lect 
 to perform any of the duties required of him by this Act, he shall, for 
 every such offence, upon conviction thereof, before the Recorder's 
 Couit of any City, or before the Court of General Quarter Sessions of 
 any County, in which he shall be Assessor, forfeit the sum of Twenty- 
 five Pounds to Her Majesty, Her Heirs and Successors ; and if any 
 Assessor shall neglect, or from any cause omit to perform his daties, 
 the other Assessor or Assessors for the same locality, if there be more 
 than one, or either of them, shall, until a new appointment, perfoiihsuch 
 duties, and shall certify upon their Assessment Roll the name of such 
 delinquent Assessor, and shall state, if he or they know it, the ceuiise of 
 such omission. 
 
 LXir. And be it enacted. That if any Assessor or Collector, acting 
 under this Act, shall make any unjust or fraudulent assessment or collec- 
 tion, or shall wilfully omit any duty required of him by this Act, he 
 shall be guilty of a misdemeanor, and, upon conviction thereof, before 
 any Court of competent jurisdiction, he shall be liable to a line not 
 exceeding Fifty Pounds, (and to imprisonment until the fine shall be 
 paid), or to imprisonment in the common gaol of the County or City for 
 a periotl not exceeding six calendar months, or to both, in the discretion 
 of the Ctiurt whose duty it shall be to pass the sentence of the law on 
 such offender ; and proof to the satisfaction of the Jury, that any real 
 property was assessed by such Assessor at an actual or yearly value 
 greater or less than its true actual or yearly value by thirty per 
 centum thereof, shall be prima facie evidence that such assessment was 
 fraudulent and unjust, and the Assessor convicted of having made any 
 fraudulent and unjust assessment, shall be sentenced to the greatest 
 punishment, both of fine and imprisonment, allowed by this section. 
 
 LXIIf. And be it enacted, That if any Collector shall refuse or neg- 
 lect to pay to the County, Township, Village or Town Treasurer or City 
 Chamberlain, or to such other person as shall bo legally authorized to 
 receive the same, the sums contained on his roll, or duly to account for 
 the same as uncollected, the County Treasurer or City Chamberlain, 
 shall, within twenty days after the time when such payments ought to 
 have been made, isoue a warrant under his hand and seal, directed to 
 the Sheriff of the County, or to the High Bailiff of such City, command- 
 ing him to levy such sum as shall remain unpaid and unaccounted for, 
 with costs, of the goods, chattels, lands and tenements of such Collector, 
 and to pay to the County, Township, Village or Town Treasurer or City 
 Chamberlain, the sum coming to each of them respectively, and to 
 return such warrant within forty days after the date thereof, which war- 
 rant the said Treasurer or Chamberlain, shall immediately deliver to the 
 Sheriffof the County or High Bailiff of the City, as the case may require. 
 
 LXIV. And be it enacted. That the Sheriff or High Bailiff, to whom 
 the warrant is directed, shall, within such forty days, cause the same to 
 be executed, and make return thereof to the County Treasurer or City 
 Chamberlain, and shall pay to him the money levied by virtue thereof 
 deducting for his fees the same compensation which the Collector would 
 hav been entitled to retain. 
 
 LXV. And be it enacted, That if any Sheriff or High Bailiff shall 
 refuse or neglect to levy such money, or any money which he shall be 
 commanded to levy in any warrant lawfully issued under this Act by 
 any Treasurer or Chamberlain, or to pay over the same, or shall make 
 a false return to such warrant, or neglect or refuse to make any return^ 
 
> SCHEDULES. 
 
 181 
 
 and to 
 
 or shall make an insufficient return, it shall and may be lawful for the 
 Treasurer or Ciiamberlain, lo make application in a summary manner 
 upon affidavit of the facts, to either of the Superior Courts of Common 
 Law Jurisdiction in Upper Canada, in term time, or to any Judge of 
 cither of the faiii Couils in vacation, for a rule or summons calling upon 
 such Sheriff or High Bailiff to answer the matter of such affidavit, which 
 said rule or summons shall be returnable at such time as the Court or 
 Judffe shall direct; and upon the return of such rule or summons, it 
 shall and may be lawful for the Court or Judge lo proceed in a summary 
 manner, upon affidavit and without formal pleadings, to hear and deter- 
 mine Ike matters of such application ; and if the Court or Judge shall be 
 of opinion that the Sheriff or High Badiffhas refused or neglected to 
 levy such money, or to pay over the same, or has made a false return or 
 neglected or refused to make any return, or has made an insufficient 
 return, it shall and may be lawful for the Court or Judge, and the Court 
 or Judge is herf^by required to order the proper officer of such Court, to 
 i.s«uc a Writ of fieri Facias adapted to the case, directed to a Coroner 
 «»t the said County, in case the said application be made by the County 
 Treasurer, or to the Coioner of the County in which the said City is 
 ^ituate, ill case the application has been made by any City Chamberlain, 
 which said Writ shall direct the said Coroner to levy of the- goods and 
 <*hallel8 of f lie said Sheriff or High Bailiff, such sum as such Sheriff or 
 High Bailiff may have been ordered to levy by the Warrant of the said 
 County Treasurer or City Chamberlain, togelher with the costs of such 
 application and of execution ; and such Writ shall bear date on the day 
 of issuing the same, whether in term or in vacation, and shall be return- 
 able forthwith, and the Coioner executing any such Writ shall be enti- 
 tled to the same fees, and no more, as upon a Writ grounded upon a 
 judgment of the Court. 
 
 LXVI. And be it enacted, That if any Sheriff or High Bailiff shall Penaitjron 
 wilfully omit to perform any duty required of him by this Act, and no ^lygP'*"'^ 
 other penally be hereby imposed for such omission, he shall be liable ofduty."""'*'^ 
 to a penalty of fifty pounds, to be recovered from him in any Court of 
 competent jurisdiction at the suit of the County Treasurer or Chamber- 
 lain of the City ; and the said penalty, as well as any penalties re- 
 covered under the preceding sections, shall be paid to the Treasurer or 
 Chamberlain for the uses of the County or City respectively. 
 
 LXVII. And be it enacted, That this Act shall apply solely to that interpretation 
 part of the Province called Upper Canada; that the Interpretation Act clause, 
 shall apply to this Act ; that the words " Wild Land Assessment Law," 
 shall be understood as meaning any and every Act of the Legislature of 
 Upper Canada, under which taxes were, immediately before the coming 
 into force of this Act, imposed on Wild Lands in Upper Canada; that 
 'he word '* County" shall be held to include Unions of Counties while 
 such Unions shall continue ; and that the word "Ward" shall not be 
 held to extend to or apply to any rural Ward in any Township. 
 
 LXVHL And be it enacted. That this Act shall commence and have Commeneeraent 
 force and effect upon, from and after the first day of January, one thou- °'^Act. 
 sand eight hundred and fifiy-one, and not before. 
 
 SCHEDULE A. 
 
 FISRSONAL PROPERTY LIABLE TO TAXATION UNDER THE FOREGOING ACT. 
 
 All Horses of three years old, and upwards. 
 All Neat Cattle of three years old, and upwards. 
 Pleasure Carriages of all descriptions, and also all Carriages kept 
 for hire. 
 The average Stock of Goods on hand, of every Merchant, Trader or 
 
 N 
 
 i* 
 
182 
 
 ■n 
 
 ASSESSMENT ACT. 
 
 Dealer, Manufacturer, Tradesman or Mechanic ; such average stock to 
 be considered to be the mean between the highest and the lowest 
 amount of goods on hand at any time during the year. 
 
 The amount of all Stock or Shares in Steamers, Schooners, or other 
 water craft employed in the conveyance of freight or passengers, and 
 owned within the Municipality. 
 
 SCHEDULE B. 
 
 Column 1. — Name of Taxable Party. 
 
 2. — Number of Concession, Street, Square or other designation 
 
 of the local division in which the real property lies. 
 3. — Number of the Lot, House, &c., in such division. 
 4. — Number of Acres, Superficial Feet, or other measure, 
 
 showing the extent of the properly. 
 5. — Value (or yearly value) of each separate lot or parcel of 
 
 real property. 
 6. — Total value (or total yearly value) of all the real property 
 
 of such party. 
 7. — Number of Horses, three years old, or upwards. 
 8. — Value of the same. 
 
 9. — Number of Neat Cattle, three years old, or upwards. 
 10. — Value of the same. 
 11. — Number of Pleasure Carriages of all descriptions, or of 
 
 Carriages kept for hire. 
 12. — Value of the same. 
 13. — Value of the average Stock of Merchants, Traders, Dealers, 
 
 Manufacturers, Tradesmen or Mechanics. 
 14. — Value of Stock or Shares in Steamers, Schooners, and 
 other water craft, employed for the conveyance of 
 freight or passengers. 
 15. — Amount of taxable income. 
 16. — Total value of taxable personal property. 
 17. — Total yearly value of the same. 
 
 Note. — The yearly value of the real property will be set down in 
 Cities, and incorporated Towns and Villages, and the actual value in 
 other places ; in which, also, the column No. 16 may be omitted. In 
 columns 2 and 3, any other description by which the property can be 
 ascertained, may be set down if the Concession, Street, Square, or 
 number be unknown. 
 
 ■ f 
 
 (C 
 
 (C 
 
 (( 
 
 if 
 
 « 
 
 (( 
 
 (( 
 
 
 (( 
 
 !:1 
 
i ' V- 
 
 rase stock to 
 tne lowest 
 
 ers, or other 
 lengers, aud 
 
 18: 
 
 PITBLIC BUILDINGS, U. C. 
 
 I 
 
 ACT 13 Sf 14 VIC, CAP. 68. 
 
 • designation 
 
 rty lies. 
 
 ion. 
 
 er measure, 
 
 or parcel of 
 
 jal property 
 
 wards, 
 itions, or of 
 
 rs, Dealers, 
 
 )oners, and 
 i^eyance of 
 
 t down in 
 il value in 
 litted. In 
 ly can be 
 Square, or 
 
 An Act to provide Funds for defraying the cost of the erection of the 
 Lunatic Asylum and other Public Buildings in Upper Canada. 
 
 [Passed 10th August, 1850.] 
 
 WHEREAS it is expedient to make better provision for paying off 
 the principal and interest of the Debentures issued for the pur- 
 pose of raising funds for defraying the expense of erecting the Lunatic 
 Asylum in Upper Canada, under the provisions of the Act hereinafter 
 mentioned, and for raising a fund for defraying the cost of erecting 
 other public buildings in that portion of this Province of general impor- 
 tance to the inhabitants thereof : Be it therefore enacted by the Queen's 
 Most Excellent Majesty, by and with the advice and consent of the 
 Legislative Council and of the Legislative Assembly of the Province of 
 Canada, constituted and assembled by virtue of and under the authciity 
 of an Act passed in the Parliament of the United Kingdom of Great 
 Britain and Ireland, and intituled, An Art to re-unite the Provinces of 
 Upper and Lower Canada, and for the Government of Canada, and it is 
 hereby enacted by the authority of the same. That so much of the Act 
 of the Parliament of Upper Canada, passed in the second year of Her 
 Majesty's Reign, and intituled, ^n Act to authorize the erection of an 
 Asylum within this Province, for the reception of Insane and Lunatic Per- 
 sons, as authorizes the imposing of an assessment of one-eighth of a 
 penny in the pound for the purposes of the said Act, shall be and is 
 hereby repealed ; as are also all rates and assessments made under the 
 authority of the said Act: except in so far as regards any arrears of 
 such rates and assessments remaining due and unpaid when the said 
 repeal shall take effect. 
 
 II. And be il enacted, That instead of the rate mentioned in the said 
 Act, there shall be and there is hereby imposed upon all taxable pro- 
 perty, real or personal, in Upper Canada, a yearly rate or tax of^ six 
 pence in the hundretl pounds (and so in proportion on any less sum) on 
 the assessed actual value of such property, or of one penny in the pound 
 on the assessed yearly value ihennf, according as the same is assessed 
 by its actual or yearly value, anu such rate or tax shall be entered upon 
 the Collector's Rolls, in a separate column, by the Clerk or Officer 
 making out the same, and shall be received, collected and levied by 
 the same Ofllcers, at the same times and in the same manner as other 
 local taxes, rates or assessments on the same properly ; and all moneys 
 arising therefrom and received by any Collector shall be paid over by 
 him to the County Treasurer or City Chamberlain, at the same times 
 and under the same provisions, and with the same remedy in case of 
 non-payment as other moneys payable to him by such Collector, and 
 all such moneys received by any Treasurer or Chamberlain, shall by 
 him be paid over (retaining five per cent,, of which one half shall be 
 allowed by him to the Collectors respectively, on sums collected by 
 them) to the Receiver General of the Province, for the purposes of this 
 Act, at such times and in such manner as the Governor shall from time 
 to time direot and require ; and such moneys shall, in the hands of such 
 Treasurer or Chamberlain, be held to be moneys received by him for 
 
 Preamble. 
 
 Rafe impoi?ed I'v 
 Actof U.C. 
 
 2Vic. c. n, 
 repealeJ. 
 
 Exception. 
 
 A new rate 
 imposed. 
 
 How to be col- 
 lected, paid over. 
 Sec. 
 
 Per centnge 
 allowed. 
 
 To be (leempd 
 moneys of the 
 crown. 
 
 ill 
 
 f 
 
 *! I 
 
 I 
 
184 
 
 m 
 
 To wlint furpo- 
 wt nuch rate 
 •halt be applied. 
 
 lotttreil on 
 dfbenlurei. 
 
 dhnkingfund. 
 
 Other purpoiei. 
 
 When the fore- 
 going iiroviflonii 
 ■hall lake cHeci, 
 
 Appropriation 
 out of moneys 
 ariiing under 3 
 Vice. II. 
 
 ARREARS OF TAXES. 
 
 tlutics due to Her Majesty, and nuch Treasurer or Cliamberlain shall, in 
 default of paying over the same be liable accordingly. 
 
 III.. And be it enacted, That the sums paid over to the Receiver Gen- 
 eral under the next preceding section of this Act shall be applied — 
 
 First— To the payment of the interest on all Debentures Lspued on 
 account of the said Lunatic Asylum and now outstanding, and also of 
 the interest on any Debentures which may be issued under the authority 
 of Parliament for the purpose of raising money to complete the said 
 Asylum, or to defray the expense of procuring a site for or of erecting 
 any other Public Duilding in Upper Canada, for any Institution of gen- 
 eral importance to the inhabitants of that portion of the Province. 
 
 Secondly — To the formation of a Sinking Fund of not less than one 
 thousand five hundred iwunds per annum, towards paying off the prin- 
 cipal of such Debentures as aforesaid. 
 
 7%ird/y— Towards the support of the said Lunatic Asylum and of any 
 other such Institution as aforesaid, in such manner as shall be directed by 
 Parliament. 
 
 IV. And be it enacted, That the foiegoing provisions of this Act shall 
 have force and effect upon, from and after the first day of January, one 
 thousand eight hundred and fifty-one, and not before. 
 
 V. And be it enacted, That out of any moneys arising from any rate 
 or assessment imposed under the Act first above cited, there may be 
 paid and applied such sums as may be required to defray the expenses 
 of the said Lunatic Asylum for the present year one thousand eight hun- 
 dred and fifty, in addition to the Parliamentary grant for that purpose. 
 
 ARREARS OF TAXES. 
 
 ACT13 fy li VIC, CAP. 69. 
 
 An Act to enable Collectors of Local Taxes in Upper Canada, for the several 
 years bettoeen one thousand eight hundred and thirty-six and one thous- 
 and eight hundred and forty-nine, (both inclusive,) to recover Taxes 
 accrued in such years respectively, and remaining due. 
 
 [Passed 10th August, 1850.] 
 
 freanWc. 'VTTHEREAS there are considerable amounts of Local Taxes, Rates 
 
 \j and Assessments accrued in Upper Canada, between the years 
 one thousand eight hundred and thirty-six and one thousand eight hun- 
 dred and forty-nine, both inclusive, still remaining due and unpaid ; 
 ' And whereas difficulties have arisen and doubts exist as to whether the 
 
 several Collectors appointed for such years respectively, can now legally 
 enforce payment of such arrears, and it is but fair and just that the 
 parties assessed and in arrear should be required to pay the Taxes due 
 by them : Be it therefore declared and enacted by the Queen's Most 
 Excellent Majesty, by and with the advice and consent of the Legisla- 
 tive Council and of the Legislative A9.sembly of the Province of Canada, 
 constituted and as:jsembled by virtue of and under the authority of 
 an Act passed in the Parliament the United Kingdom of Great Britain 
 and Ireland, and intituled, An Act to re-unite the Provinces of Upper and 
 Lower Canada, and for the Government of Canada, and it is hereby 
 
in shall, in 
 
 eiver Gen- 
 pliecl— 
 
 issued on 
 an J also of 
 e authority 
 le the said 
 )f erecting 
 on of gen- 
 ince. 
 
 IS than one 
 r the prin- 
 
 ind of any 
 lirected by 
 
 i Act shall 
 nuary, one 
 
 n any rate 
 e may be 
 5 expenses 
 eight hun- 
 purpose. 
 
 ) . 
 
 the several 
 one thoxa- 
 }er Taxes 
 
 1850.] 
 
 ies, Rates 
 the years 
 ight hun- 
 
 unpaid ; 
 lelher the 
 w legally 
 
 that the 
 'axes due 
 jn's Most 
 
 Legisla- 
 
 Canada, 
 ihority of 
 Britain 
 'pper and 
 18 hereby 
 
 Colleetora in 
 office may collect 
 arreari oi rornicr 
 yean. 
 
 Notice to the 
 party in default, 
 and mode of pro- 
 ceeding for enfor- 
 cing payment, 
 tie. 
 
 TAVERN LICENCES. 
 
 enacted by the authority of the same, That it shall and may be lawful 
 for any Collector or Collectors in office during the present or any future 
 year m the Town, Township or place in and for wh' :h he or they may 
 be such Collector or Collectors respectively, to demand, collect, levy, 
 sue for, recover and receive, in the same way and by such means as 
 any Collector or Collectors may then lawfully use for collecting, levy- 
 ing and recovering Local Taxes in Upper Canada, all such arrears of 
 Taxes, Rates and Assessments as became due between the years one 
 thousand eight hundred and thirty-six and one thousand eight hundred 
 and forty-nine, (both years inclusive) and which now remain due and 
 unpaid. 
 
 II. And be it enacted. That no person shall besuedfor recovery of 
 any such arrears until the same shall have been first demanded by the 
 Collector or person specially appointed as aforesaid in the usn.il way, 
 and four days (exclusive of the day of demand,) shall have elapsed 
 without payment being made ; and the Collector shall be the plaintiff 
 il'. the suit or proceeding, which proceeding shall be by and before a 
 J'udge of the Division Court, or two Justices of the Peace, by summons 
 and distress warrant in the usual way, or before the Judge of the 
 County Court, who shall have power respectively to examine the parties 
 themselves, if they or he deem it necessary, and their witnesses on 
 oath, and to receive in evidence all such matters as Ihey or he see fit to 
 receive, in order to enable them to airive at a just and equitable deci- 
 sion in the matter ; and they or he shall have power to award to either 
 party such reasonable costs as they or he may think proper, and also to 
 allow the defendant to set off any money, pioduce, work or other matter 
 heretofore paid, or delivered to, or performed by him for the Collector 
 suing, or to or for the Collector who acted at the time when he became 
 in arrear, if it shall appear to the said Justices or Judge, at the hearing 
 of the case, that any such payment, delivery or performance was 
 intended to be in satisfaction, either wholly or in part, of the arrears 
 claimed, and the said Justices or Judge, as the case may be, shall 
 decide according to the legal or equitable merits of each case ; any law 
 or usage to the contrary thereof in any wise notwithstanding. 
 
 III. Provided always, and be it enacted. That such Collectors as 
 aforesaid, shall pay over the sums by them collected as aforesaid, to 
 the Treasurer or other officer entitled to demand and receive the same, 
 first deducting their lawful charges and allowances : and in default 
 thereof, shall be subject to such penalties or legal proceedings as are 
 provided by the laws of Upper Canada, with regard to Collectors failing 
 to account for or pay over taxes due in the localities for which they are 
 appointed. 
 
 TAVERN LICENSEa 
 
 ACT 13 fy 14 VIC, CAP. 65. 
 
 An Act to amend the laws relative to Tavern Licenses in Upper Canada, 
 
 [Passed 10th August, 1850.] 
 
 WHEREAS it is expedient to vest in the Municipal authorities in Preamble. 
 Upper Canada the power of fixing the number of Taverns, Beer 
 shops, and other houses and places of public entertainment, where 
 wines and spirituous or fermented liquors are sold, or of prohibiting 
 
 186 
 
 r 
 
 !»Vl 
 
 M 
 
 
 I 
 
 m 
 
 Taxei to collec- 
 ted to tie paid 
 over to the pro- 
 per treasurer. 
 
 1 
 
 
 hi 
 
 
 t t>l 
 
 1 1 
 
186 
 
 
 ill 
 
 m 
 , i' 
 
 
 M 
 
 til 
 
 H^ 
 
 Imp. Act, li O, 
 '■I, c. btf, cited. 
 
 Certain parts or 
 .\ctaofL'. C. i 
 
 MtU.y, c. 2; 
 
 '■> W. 1, c. 4 ; 
 
 ■i Vice. 20; 
 
 ■> Vic. c. 21; 
 
 Repealed on tlie 
 p:iabiiigof tlii« 
 Act; 
 
 Aiiil ilie re- 
 iii.niider on the 
 tirM Marcli, 1851. 
 
 I'lOViiO. 
 
 TAVERN LICENSES. 
 
 such houses or places in the said Municipalities respectively, and of 
 prescribing the conditions on which Licenses to keep the same shall be 
 obtained and held, and the duly which shall be paid thereon over and 
 above that imposed on persons keeping such houses and retailing Wines 
 and Spirituous Liquors therein, by the Act of the Parliament of Great 
 Britain, passed in the fourteenth year of the Reign of King George the 
 Third, and intituled, An Act to establish a Fund towards further defraying 
 the charges of the Administration of Justice and the support of the Civil 
 Government within the Province of Quebec in North America : Be it there- 
 fore enacted by the Queen's Most Excellent Majesty, by and with the 
 advice and consent of the Legislative Council and the Legislative 
 Assembly of the Province of Canada, constituted and assembled by 
 virtue of and under the authority of an Act passed in the Parliament of 
 the United Kingdom of Great Britain and Ireland, and intituled, An Act 
 to re-unite the Provinces of Upper and Lower Canada, and for the Govern- 
 ment of Canada, and it is hereby enacted by the authority of the same, 
 That so much of the Act of the Parliament of Upper Canada, passed in 
 the fifty-ninth year of the Reign of King George the Third, and intituled, 
 An Act to alter the laws now in force for granting Licenses to Inn-Keepers, 
 and to give to the Justices of the Peace, in General Quarter Sessions assem- 
 bled for their respective Districts, authority to regulate the duties hereafter 
 to be paid on such Licences, — or of the Act of the said Parliament passed 
 in the sixth year of the Reign of his late Majesty King William the 
 Fourth, and intituled. An Act to repeal and amend certain parts of an Act 
 j}assed in the thirty-sixth year of the reign of King George the Thirdy 
 intituled, ' An Act to amend an Act for 7'egulating the manner of Licensing 
 Public Houses and for the more easy convicting of persons selling spirituous 
 liquors without a License,' and for other purposes therein mentioned, — or of 
 the Act of the said Parliament passed in the third year of Her Majesty's 
 Reign, and intituled. An Act for further regulating the manner of granting 
 Licenses to Inn-Keepers, and to the Keepers of Ale and Beer Houses within 
 this Province, — or of the Act passed in the year last aforesaid, and 
 intituled, An Act to continue and make perpetual, parts of an Act passed 
 in the fifty-ninth year of the Reign of His late Majesty King George the 
 Third, intituled, ^An Act to alter the Laws now in force for granting 
 Licenses to Inn-Keepers, and to give to the Justices of the Peace in Generm. 
 Quarter Sessions assembled for their respective Districts, authority to 
 regulate the duties hereafter to be paid on such Licenses, and for other 
 purposes therein mentioned, — or of any other Act or Law in force in 
 Upper Canada, as vests in any Justices of the Peace the power of 
 granting ceifificates entitling the parties to whom they are. granted to 
 obtain Licenses to keep Inns or Houses of Public Entertainment, or of 
 making rules and regulations for the conduct of such Inn-Keepers, or of 
 repealing .such rules and regulations, or of fixing the duty or sum 
 which any person is requireil to pay for such Liceii.se or before he can 
 obtain the same, or of repealing or altering any duty or sum so fixed, or 
 as may be'inconsistent with any provision of this Act which is to be 
 acted upon before the first day of March next, shall be and is hereby 
 repealed from and after the passing of this Act ; and the remaining 
 provisions of the said Acts, and the rules and regulations made under 
 them, and the duties or sums required to be paid under them for such 
 Licenses as aforesaid, shall remain in force (in so far only as they may 
 not be iiicon.sistenl with any provisions of this Act to be acted upon 
 before the said day) until the .said first day of March next, upon, from 
 and after which day they shall be repealed, except the seventh and 
 eighth sections of the Provincial Act thirdly above cited, which shall 
 remain in force : Provided always, that all Acts and parts \)f Acts 
 repealed by the said Acts or any of them shall remain repealed, and that 
 all penalties incurred before the said day for any contravention of any 
 
i' t, 
 
 rely, and of 
 me shall be 
 )n over and 
 iling Wines 
 nt of Great 
 George the 
 er defrayine 
 of the Civil 
 Be it there- 
 id with the 
 Legislative 
 em bled by 
 rlianient of 
 led, An Act 
 the Govem- 
 
 the same, 
 
 passed in 
 id intituled, 
 nn-Keepers, 
 sions assem- 
 es hereafter 
 lent passed 
 William the 
 's of an Act 
 
 the Third, 
 f Licensing 
 §■ spirituous 
 :)ried,—oT of 
 r Majesty's 
 of granting 
 mscs within 
 esaid, and 
 Act passed 
 George the 
 r granting 
 in General 
 uthority to 
 I for other 
 ri force in 
 
 power of 
 granted to 
 meat, or of 
 ;pers, or of 
 ty or sum 
 re he can 
 10 fixed, or 
 ti is to be 
 is hereby 
 remaining 
 ide under 
 I for such 
 they may 
 3ted upon 
 pon, from 
 ^enlh and 
 lich shall 
 s\)f Acts 
 1, and that 
 on of any 
 
 INSPECTORS. 
 
 of the said Acts, may be sued for and recovered under the same as if 
 they were not so repealed. 
 
 II. Provided always, and be it enacted. That neither the repeal of the 
 said Acts nor any thing in this Act contained, shall be construed to 
 repeal or affect any duty or sum payable on licenses to vend wine, 
 brandy and spirituous liquors by retail, to be granted or issued in Upper 
 Canada to shopkeepers or others not keeping Inns or places of public 
 entertainment, or any provision for preventing the vending or imposing 
 any penalty for the vending of the same by such persons, or in any 
 Steamboat or Vessel, without a license, or for the recovery and distri- 
 bution of any such penalty. 
 
 III. And be it enacted, That a license to keep an Inn or house of 
 public entertainment, may be issued at any time after the passing of 
 this Act, and without any certificate, to any person then holding a 
 license for a like purpose, which license to be so issued shall authorize 
 such person to keep such Inn or House at the same place, from the 
 expiration of the period to which such former license extended, until 
 the last day of February next (inclusive) but not afterwards ; and for 
 any license to be issued under this section, the person receiving the 
 same shall pay a sum bearing the same proportion to the sum paid by 
 him for such former license, as the time for which such new license is 
 to be granted shall bear to the lime for which such former license was 
 granted. 
 
 IV. And be it enacted. That the Municipality of each Township or 
 incorporated Village, the Town Council of each incorporated Town, and 
 the Common Council of each City in Upper Canada, shall have power 
 and authority at any time after the passing of this Act, to make By-laws, 
 — For limiting the number of Inns or houses of Public entertainment in 
 such Township, Village, Town or City for which licenses to retail 
 spirituous liquors to be drunk therein shall be issued, to be in force after 
 the last day of February, one thousand eight hundred and fifty -one, 
 (or for prohibiting the issuing of any such licenses, for any house in 
 their respective Municipalities,) and for fixing the terms and conditions 
 which shall be previously complied with by any person desiring such 
 license, the .description of house and accommodation he shall have and 
 constantly keep and maintain, and the spcurity he shall give for 
 observing all the By-laws of the Municipality, and the sum which he 
 shall pay for such license over and above the duty imposed by the Act 
 aforesaid of the Parliament of Great Britain ; — For regulating all such 
 inns and houses of public entertainment, and for imposing for any 
 contravention of such By-laws any penalty or punishment which tliey 
 may lawfully impose for any contravention of other By-laws ;— For 
 similar purposes with respect to ale or beer houses, and other houses 
 for the reception and entertainment of the public, whore ferrrented 
 or other manufactured liquors are sold to be drunk therein; Provided 
 always, that nothing herein contained shall be construed to relieve any 
 person keeping a house of public entertainment and retailing wine and 
 spirituous liquors therein, without a license, from the penalty imposed 
 for such offence by the Act of the Parliament of Great Britain aforesaid, 
 vehich penalty shall always be recoverable on the oath of one credible 
 witness other than the infoimer, in any Court having jurisdiction to the 
 amount in Civil matters. 
 
 V. And be it enacted, That at the Annual Election of Councillors in 
 the several Townships, Incorporated Villages and Towns and Cities in 
 Upper Canada, there shall be elected by the same electors in each 
 Township not divided into Wards or Incorporated Village, three Inspec- 
 tors of Houses of publio entertainment, — and in each Ward of any 
 Township divided into Wards or of any such Town or City, one such 
 
 187 
 
 Shop lioenieB not 
 to he affected by 
 this Act. 
 
 Present tavern 
 licenses may be 
 continued until 
 twenty-eighth 
 February, IMl. 
 
 Municipal cor- 
 porations to 
 innkc by-laws 
 lor certain pur- 
 poses, relative to 
 taverns. 
 
 And liecr-liouscs, 
 
 &.C. 
 
 Proviso ns to 
 pennliics under 
 the said Imp. 
 Act. 
 
 Inspectors of 
 liouses of public 
 entertainment to 
 be elected. 
 
 |: 
 
 wm 
 
 'f « 
 
 * i 
 
 m 
 
 ' H 
 
 
 Ul 
 
 "m 
 
h 
 
 '^ I! 
 
 fl 
 
 i 
 
 '■'M 
 
 188 
 
 To >« subject 10 
 
 bylawf. 
 
 Duliei of luch 
 iiiipeetori. 
 
 Meeting!. 
 
 Certificates. 
 
 Lieeniei. 
 
 Proviw: if the 
 numlieror li- 
 cenies bt limited. 
 
 Further duties of 
 inspeciors. 
 
 How to be per- 
 formed. 
 
 Inconsistent 
 
 enactments 
 
 repealed. 
 
 IMnjorityof 
 inspector!! may 
 act. 
 
 Municipal 
 oHicers may be 
 appointed to 
 issue licenses. 
 
 TAVERN LICENSES. 
 
 Inspector of Houses of public entertainment ; and such Inspectors shall 
 be subject in the same manner as other Municipal OfTicers, to nn^ 
 By-laws to be made by the Council of the Municipality touching their 
 duties or remuneration,— the security they shall privo, and other like 
 matters ; and vacancies in the office of Inspector shall be filled in like 
 manner as vacancies in the office of Councillor 
 
 VI. And be it enacted, That it shall be the iluty of such Inspectors to 
 •ee that the By-laws of the Municipality are comnlied with as regard* 
 the persons to whom Licenses to keep Houses of Public entertainmerit 
 and to retail spirituous liquors therein are to bo issued ; and for this 
 purpose the said Inspectors shall, after such previous visits and e.xami- 
 nations as they may think proper, meet at such time in each year 
 before the first day of March, and at such place as they shall think 
 meet, or at such time and place before the said day as the Council of the 
 Municipality shall have appointed by By-law, for the purpose of deter- 
 mining what persons have under the By-laws in that behalf qualified 
 themselves to obtain such Licenses, and to give certificates to such per- 
 sons, which shall stale the sum payable by such persons respec- 
 tively, for such Licenses, under the By-laws of the Municipality ; and 
 upon the production of such certificate and payment of the said suni and 
 of the duly impo.sed by the saiil Act of the Parliament of Great Britain, 
 to the proper Revenue Inspector, he shall issue Licenses to such persons 
 respectively for the purposes aforesaid, which Licenses shall be in force 
 from the date thereof until the last day of February in the then next 
 year, and no such License shall be issued in favor of any person unless 
 ne shall produce such certificate as aforesaid : Provided always, that if 
 the number of persons who shall have complied with the requirements 
 of the By-laws made in that behalf, shall be greater than the number 
 of persons to whom I icense.<i may be issued under such By-laws, the 
 Inspectors shall determine, (subject to any By-laws passed for their 
 guidance in this behalf) to which of such persons Licenses may be 
 granted with most advantage to the public. 
 
 VII. And be it enacted, That the said Inspectors shall perform similar 
 duties with regard to Inns, Ale and Beer Houses, Victualling houses, 
 Ordinaries, and eating-houses, and other establishments of like nature, 
 which by the By-laws of the Municipality shall require licenses : And 
 such duties shall be performed in sucn manner as shall be directed by 
 such By-laws, and such licenses shall be issued at such times, for such 
 periods and by such officer as shall be directed by such By-laws: 
 And any provision of law vesting in any other functionary any power 
 hereby vested in the Inspectors aforesaid, or otherwise inconsistent with 
 this Act, is hereby repealed. 
 
 VIII. And be it enacted. That any majority of the said Inspectors 
 may exercise all the powers of the Inspectors, and the said Inspector* 
 shall have full power to adjourn any meeting from day to day or 
 to any future day : and if on any question the Inspectors shall bo 
 equally divided, the Mayor or Town-Reeve, or in his absence the 
 functionary performing his duties, shall vote thereon and decide the 
 same, unless and until other provision be made for this purpose 
 (as it may be) by the By-laws of the Municipal Corporation of the 
 place. 
 
 IX. Provided always, and be it enacted. That nothing herein contained 
 shall be construed to prevent the Governor in Council from appointing 
 any Municipal Officer or other person to issue licenses for keeping 
 houses of public entertainment and retailing spirituous liquors therein, 
 in any Municipality, if he .shall think proper to appoint such officer or 
 person to perform that duty instead of the Revenue Inspector. 
 
 An 
 
peotors shall 
 crs, to nnv 
 uching their 
 (1 other like 
 Filled in like 
 
 [nspectorsto 
 h as regards 
 itertainment 
 and for this 
 and exami- 
 
 I each year 
 ' shall think 
 Quncil of the 
 ose of deler- 
 alf qualified 
 to such per- 
 sons respec- 
 ipality ; and 
 aid sum and 
 reat Britain, 
 such persons 
 
 II be in force 
 B then next 
 arson unless 
 ways, that if 
 equireznents 
 the number 
 Iy-)a\v8, the 
 ed for their 
 ses may bo 
 
 orm similar 
 ing houses, 
 ike nature, 
 nses: And 
 directed by 
 es, for such 
 1 By-laws: 
 any power 
 istent with 
 
 Inspectors 
 Inspectors 
 to day or 
 shall be 
 sence the 
 decide the 
 purpose 
 on of the 
 
 contained 
 ppointing 
 ' keeping 
 therein, 
 officer or 
 
 18& 
 
 COMMON SCHOOLS. 
 
 Crenmtle. 
 
 Two Acts 
 lepealvd. 
 
 ^Cri3 4- 14 VIC, CAP. 48. 
 
 An Act for the better establishment and maintainence of Common Schools in 
 
 Upper Canada. 
 
 [Passed 24th July, 1850.] 
 
 WHEREAS it is expedient to make provision for the belter estab- 
 lishment and maintenance of Common Schools in the several 
 Villages, Towns, Cities, Townships and Counties of Upper Canada: 
 Be it therefore enacted by the Queen's Most Excellent Majesty, by and 
 with the advice and consent of the Legislative Council and of the 
 Legislative Assembly of the Province of Canada, constituted and 
 assembled by viiiuo of and under the authority of an Act passed in the 
 Parliament of the United Kingdom of Great Britain and Ireland, and 
 intituled. An Act to re-unite the Provinces of Upper and Lower Canada, 
 and for the Governmint if Canada, and it is hereby enacted by the 
 authority of the same, Thiit the Aci of the Parliament of this Province, 
 passed in the seventh year of Her Majesty's Reign, and intituled. An 
 Act for the better establishment and maintenance of Common Schools in 
 Upper Canada, and also the Act passed in the twelfth year of Her 
 Majesty's leign, chapter eighty-three, and intituled, An Act for the bet- 
 ter Establishminl and mainiaiitenrc of Public Schools in Upper Canada, 
 and for repeoiing the present School Act, shall be, and the same are hereby 
 repealed : Provided always, nevertheless, firstly, that no Act or part of 
 an Act repealed by either of the Ads hereby repealed, shall be revived 
 by the passing of this Act: And provided also, secondly, that the repeal 
 of the said Acts shall not extend or be construed to extend to any act 
 done, any penalty incurred, or any proceeding had under the said Acts, 
 or either of them : And provided ait-o, thirdly, that all School Sections 
 or other School divisions, together with all elections and appointments 
 to office, all agreements, contracts, assessments, and rate-bills, made 
 under the authority of the said Acts, or of any preceding Act, and not 
 annulled by the said Acts or by this Act, or by any of them, shall be 
 valid and in full force and binding upon all parties concerned, as if 
 made under the authority of this Act, and shall so continue until altered, 
 modified, or suspended, according to the provisions of this Act: And 
 provided also, fourthly, that nothing herein contained shall affect the 
 liability of any District, County, City, Town, or Township Superinten- 
 dent of Common Schools, to the Municipal Corporation to which he 
 would otherwise be responsible for the same, for any moneys received 
 by him under either of the said Acts ; but the liabilities of every such 
 Superintendent for such moneys shall be and remain as if this Act had 
 not been passed : And provided also, fifthly, that nothing in the said 
 Act secondly above recited, contained, shall extend, or be construed to 
 extend, to have repealed any Act of ihe Parliament of this Province, 
 whereby provision was made for the appropriation of money from the 
 Consolidated Revenue Fund of this Province, for or towards the estab- 
 lishment and maintenance of Common Schools in this Province, or in 
 any part thereof. 
 
 FIRST — ELECTION AND DUTIES OF SCHOOL TRUSTEES. 
 
 II. And be it enacted, That the annual meetings for the elections of Annual iciiool 
 School Trustees, as hereinafter provided by this Act, shall be he'd in 'neeiing*. 
 
 Proviio. 
 
 All Khool (tivi- 
 sioiii, elect''^r.v. 
 nppointment*. 
 conirncii, tcct 
 conlirnied. 
 
 I 
 
 I 
 
 '..1 
 
 ill 
 
190 
 
 '1 
 
 Vm 
 
 m 
 
 4 
 
 I ( 
 
 One Trufueo In 
 eaeli kIiooI icp- 
 tlon to lie cleeicil. 
 
 I'rovjn : ni to 
 re-election. 
 
 Mode of cnlling 
 the flrst s'clioul 
 nicetlnifina tiuiv 
 Rcction. 
 
 Mode of proceed- 
 ing at flrst meet- 
 ing. 
 
 Election of 
 Chalrnjnn and 
 Secretary ; tlieir 
 duties. 
 
 A poll wlinn to 
 lie granted. 
 
 Three Trustees 
 to be elected. 
 
 Order of retiring 
 from OlBce. 
 
 Proviso. 
 
 I'roceedinpi nt 
 annual meetings. 
 
 ChRlrmnn and 
 Secretary. 
 
 Annual financial 
 report. 
 
 Election of Trus- 
 tees. 
 
 COMMON SCHOOLS. 
 
 all tho Villas^es, Towns, Citios, and Townships of Upper Canada, on 
 the second Wodnesdny in January, in each year, commencing al tlio 
 hour of Ton of ihe clock in the fore noon. 
 
 HI. And 1)0 itenacted, That in all School divisions Cexcf'pt in Cities, 
 Towns and Incorporated Villages) which havo Imen estublislicd accord- 
 ing to law, and which havo oeen called " School Sfctions,'' and in 
 which iheiu shall be three Trustees in oliico at the lime this Act shall 
 come into force, one Trustee shall be elected to olRce at each ensuing 
 annual school meeting, in place of tho one who shall havo been three 
 years in ofiice: Provided always, that tho same individual, if willing, 
 may bo le-ulected : And provided also, that no School Trustee shall be 
 re-elected, except by his own consent, during the four years next after 
 his going out of ofRce. 
 
 IV. And be it enacted. That whenever any school section shall be 
 formed in any Township, as provided in the eighteenth section of this 
 Act, the Clerk of the Township shall communicate to the person 
 appointed to call the first school meeting for tlie election of Trustees, 
 the description and number of such school section; and such person 
 shall, within twenty days thoroafter, prepare a notice in writing, describ- 
 ing such section, and appointing atimo and place for tho first school sec- 
 tion meeting, and shall cause copies of nuch notice to be posted in at least 
 three public places in such school section, at least six days before the 
 time of holding such meeting. 
 
 V. And be it enacted, That at every such first school section meeting, 
 the majority of the freeholders or householders of such school section 
 present, shall elect one of their own number to preside over the pro- 
 ceedings of such meeting, and shall also appoint .i Secretary, whose 
 duty it shall be to record all the proceedings of such meeting ; and the 
 Chairman of such meeting shall decide all questions of order, subject 
 to an appeal to the meeting, and shall give ttie casting vote in case of 
 an equality of votes, and shall have no vote except as Ch»irmanj and 
 shall take the votes in such manner as shall be desired by the majority 
 of the electors present, and shall at the request of any two electors, 
 grant a poll for recording the names of the voters by the Secretary : 
 and it shall be the duty of the electors present at such meeting, or a 
 majority of them, to elect from the freeholders or householders in such 
 section, three Trustees who shall respectively continue in office as fol- 
 lows: ihe last person elected shall continue in office until the next 
 ensuing annual school meeting in such section, and until his successor 
 is elected ; the second person elected, one year, and the first person 
 elected, two years, from such next ensuing annual school meeting, and 
 until their successors are elected respectively : Provided always, that a 
 correct copy of the proceedings of such first school section meeting, 
 and of every annual school section meeting, signed by the Chairman 
 and Secretary, shall be forthwith transmitted by the Secretary to the 
 Local Superintendent of Schools. 
 
 VI. And be it enacted. That at every annual school section meeting 
 in any Township, as authorized and required to be held by the second 
 section of this Act, it shall be the duty of the freeholders.or household- 
 ers of such section, present at such meeting, or a majority of them — 
 
 Firstly. — To elect a Chairman and Secretary, who shall perform the 
 duties required of the Chairman and Secretary, by the fifth section of 
 this Act. 
 
 Secondly. — To receive and decide upon the report of the Trustees, as 
 authorized and provided for by the eighteenth clause of the twelfth 
 section of this Act. 
 
 Thirdly. — To elect one or more persons as Trustee or Trastees, to fill 
 
Canada, on 
 ■im at tlu) 
 
 il in Cities, 
 10(1 nccorcl- 
 s,'' and in 
 lit Act shall 
 ch ensuing 
 been three 
 if willing, 
 eu shall be 
 i next after 
 
 }n shall be 
 lion of this 
 the person 
 f Trustees, 
 ich person 
 ig,desc rib- 
 school sec- 
 J in at least 
 I before the 
 
 in meeting, 
 lool section 
 er the pro- 
 ary, whose 
 and the 
 er, subject 
 
 in case of 
 rman, and 
 le majority 
 electors, 
 Secretary : 
 eting, or a 
 rs in such 
 ice as fol- 
 
 the next 
 
 successor 
 rst person 
 eting, and 
 lys, that a 
 
 meeting, 
 Chairman 
 ary to the 
 
 1 meetmg 
 he second 
 lousehold- 
 them — 
 !rform the 
 section of 
 
 ustees, as 
 le twelfth 
 
 )es, to fill 
 
 Kxneniei o( Iht 
 Hch^ol. 
 
 f'hnllcniiing 
 vo(cri. 
 
 Pcrlnrntion 
 rciiuired. 
 
 Provieo : fnln' 
 (Icdnrntioii for 
 vuling illegally. 
 
 Mortp of recover- 
 ing penally. 
 
 Refusing to aerve 
 us Truiiee. 
 
 COMMON SCHOOLS. 181 
 
 up the vacancy or vacancies in the Trustee Corporation, according to law : 
 Provided always, that no Teacher in auch section shall hold the ofHce 
 of School Trustee. 
 
 Fourthlij. — To decide upon the manner in which the salary of the 
 Teacher or Teachers, and all the expenses connected with the opera- 
 tion of the School or Schools, shall be provided for. 
 
 VII. And be it enacted. That if any person offering (o voto at an 
 annual or other school section meeting, shall bo challenged as unquali- 
 fied by any legal voter in such section, the Chairman presiding at such 
 meeting shall require the person so offering, to make the following 
 declaration : 
 
 "I 'n declare and affirm that I am a freeholder {or householder) in 
 '' this tioul section* and that I am legally qualified to vote at this 
 meetinji " 
 
 And every person making such declaration, shall be permitted to 
 vote on all ciuoslions proposed at silch meeting ; but if any person shall 
 refuse to make such declaration, his vote shall be rejected : Provided 
 always, that every person who shall wilfully make a false declaration 
 of his riiifht to vote, shall be deemed guilty of a misdemeanour, and 
 punishable by fine or imprisonment, at the discretion of any Court of 
 Quarter Sessions, or by a penalty of not less than One Pound Five Shil- 
 lings, or moie than Two Pounds Ten Shillings, to be sued for and recov- 
 ered, with costs, by the Trustees of the school section, for its use, before 
 any Justice of the Peace, having jurisdiction within such school section. 
 
 VIII. And be it enacted. That if any person chosen as Trustee, shall 
 refuse to seive, he shall forfeit the sum of One Pound Five Shillings ; 
 and every person so chosen and not having refused to accept, who shall 
 at any time refuse or neglect to perform "the duties of his office, shall 
 forfeit the sura of Five Pounds ; which sum or sums may be sued for 
 and recovered by the Trustees of the school section, for its use, before 
 any such Justice of the Peace : Provided always, that any person chosen 
 as Trustee may resign with the consent of his colleagues in office and 
 of the Local Superintendent, expressed in writing. 
 
 IX. And bo it enacted, That in case no annual or other school section 
 meeting be held for want of the proper notice, the Trustee3 or other 
 person whose duty it was to give such notice, shall respectively or indi- 
 vidually forfeit the sum of One Pound Five Shillings, to be sued for 
 and recovered for the purposes of such school section, on the complaint 
 of any resident in such section, before any such Justice of the Peace : 
 Provided always, that in the default of the holding of any school sec- 
 tion meeting, as hereinbefore authorized by this Act, for want of the 
 proper notice, then any two freeholders or householders in such section, 
 are hereby authorized, within twenty days after the time at which such 
 meeting should have been held, to call such meeting by giving six days' 
 notice, to be posted in at least three public places in such school sec- 
 tion ; and the meeting thus called shall possess all the power, and per- 
 form all the duties of the meeting iu the place of which it shall have 
 been called. 
 
 X. And be it enacted. That the Trustees in each school section shall Triijipcs to he a 
 be a Corporation, under the name of " The Trustees of School Section Corporation. 
 Number , in the Township of , in the County 
 of :" Provided always, that no such Corporation of any 
 school section shall cease by reason of the want of Trustees, but in case 
 of such want, any two freeholders or householders of such section shall 
 have authority, by giving six days' notice to be posted in at least three 
 
 Eublic places in such section, to call a meeting of the freeholders or 
 ouseholders, who shall proceed to elect three Trustees, in the manner 
 
 rroviso : reilgn- 
 ing as Trustee. 
 
 Not giving due 
 notice of meet- 
 ings. 
 
 Mode of recover- 
 ing penalty. 
 
 Mode of calling 
 nipeling in 
 di'lnuli of annual 
 meeting, &c. 
 
 Proviso. 
 
 Mode of electing 
 new Trustees. 
 
 h i 
 
 !•! 
 
192 
 
 ii'. 
 
 1^ 
 
 f 
 
 m 
 
 Mode of deciding 
 on theilioofa 
 •chool houie. 
 
 Dutlei of 
 Truitcci. 
 
 HeereUry- 
 Treniurcr : 
 
 ilUliM. 
 
 hit 
 
 Collector: hi! 
 dutie«. 
 
 IIU remune- 
 ration. 
 
 To give Kcurity, 
 Powcrf. 
 
 Truitcei to have 
 the keeping of 
 the ichool pro- 
 perty. 
 
 Providing lehool 
 preiuiics. 
 
 Apparatui and 
 booki. 
 
 Teaeheri. 
 
 Female lehool. 
 
 Orderito 
 Teaehera for 
 money. 
 
 COMMON SCUOOLS. 
 
 prescribed in the fiflh aection of this Act, and the Trustees thus elected 
 ■hail hold and retire from office in the manner prescribed for Trustees 
 elected under the authority of the said fifth section of this Act. 
 
 XI. And be it enacted, That in any case of difTerenoe an to the site of 
 a school-house between the majority of the Trustees of a school section 
 and a majority of the freeholtlers or householders, at a special meeting 
 called for that purpose, euch party shall choose one person as arbitrator, 
 and the two arbitrators thus chosen, and the local Superintendent^ or 
 any person appointed by him to act on his behalf, in case of his inability 
 to attend, or a majority of thorn, shall finally decide on thu matter. 
 
 XII. And bo it enacted. That it shall be the duly of thu Trustees of 
 each school section : 
 
 Fintly, — To appoint one of themselves, or some olhor person, to be 
 Secretary-Treasurer to the Corporation ; and it shall be thu duty of such 
 Secretary-Treasurer to give sucn security for the correct nnd safe keeping 
 and forthcoming (when called for) of the papers and monoy.s belonging 
 to the Corporation, as may be required by a majority of the Trustees ; to 
 keep a record of all their proceedings, in n book procurud for that pur- 
 pose; to receive and account for all school moneys collected by rate-oil], 
 subscription, or otherwise, from the inhabitants of such school section ; 
 to disburse such moneys in such manner as may be directed by the 
 majority of the Trustees. 
 
 SccoHtMy.— To appoint, if they sliall think it expedient, a Collector 
 (who may also be Secretary-Treasurer), to collect the rates they have 
 imposed, or shall impose upon the inhabitants of their school section, 
 or which the said inhabitanis may have subscribed ; and to pay such 
 Collector, at the rate of not less than five or more than ten per cent, on 
 the moneys collected by him for his trouble in collecting; and every 
 Collector shall give such security ns may be satisfactory to the Trustees, 
 and shall have the same powers, by virtue of a warrant, signed bv a 
 majority of the Trustees in collecting the school-rale or subscription, 
 and shall proceed in the same manner as ordinary Collectors of County 
 and Township rates or assessments. 
 
 Thirdly. — To take possession and have the custody and safe keeping 
 of all Common School property, which may have been acquired or 
 given for Common School purposes in such section, and to acquire and 
 hold as a Corporation, by any title whatsoever, any land, moveable 
 property, moneys or income for Common School purposes, until the 
 power hereby given shall be taken away or modified, according to law, 
 and to apply the same according to the terms of acquiring or receiving 
 them. 
 
 Fourthly. — To do whatever they may judge expedient with regard to 
 the building, repairing, renting, warming, furnishing and keeping in 
 order the section school-house, and its appendages, wood-house, privies, 
 enclosures, lands, nnd moveable property which shall be held by them, 
 and for procuring apparatus and text books for their School ; also, to 
 rent, repair, furnish, warm, and keep in order a school-house and its 
 appendages, if there be no suitable school-house belonging to such 
 section, or if a second school-house be required. 
 
 Fifthly. — To contract with and employ all Teachers for such school 
 section, and determine the amount of their salaries ; and to establish, 
 if they shall deem it expedient, by and with the consent of the local 
 Superintendent of schools, both a female and .male school in such 
 section, each of which shall be subject to the same regulations and 
 obligations as common schools generally. 
 
 Sixthly. — To give the Teacher or Teachers employed by them the 
 necessary order or orders upon the Local Superintendent for the School 
 
 !!; 
 
bus elected 
 or Trustees 
 
 3t. 
 
 the site of 
 lool leotion 
 ttl mueting 
 II arbitrator, 
 tondent, or 
 lis inubility 
 latter. 
 
 rnisteos of 
 
 r«on, to be 
 luty of such 
 ifo {{eeping 
 t bfjlonging 
 ^riiNleea ; to 
 tr that pur- 
 by rate-Dill, 
 
 01 section ; 
 ted by the 
 
 a Collector 
 i they hare 
 3ol section, 
 to pay such 
 er cent, on 
 and every 
 16 Trustees, 
 igned by a 
 abscription, 
 i of County 
 
 fe keeping 
 acquired or 
 cquire and 
 moveable 
 I, until the 
 ing to law, 
 r receiving 
 
 h regard to 
 keeping in 
 se, privies, 
 d by them, 
 ol ; also, to 
 ise and its 
 ng to such 
 
 uch school 
 I establish, 
 f the local 
 )ol in such 
 lations and 
 
 them the 
 the School 
 
 COMMON SCHOOLS. 
 
 Fund apportioned and payable to theii chnul xection : Provided always, 
 that the IVuHteos of any sellout scciion nlinll not give such order in 
 behalf of any Tencher vvhodnon not, ut the lirne of giving such order, 
 hold a lej^al cttrtifKiate ol (|unlilic(iliuii. 
 
 Seventhl 11.— .To provide for iIih salaries of Tenchers nud all other 
 ti.vpciifieH of ilioScliool, in such iriJiiiiif'ras iniiy Lr lesiiej by a majority 
 of Ihu freeholders or householder.'* of h h section, ut (he annual school 
 meeting, or a Hpecial meulinir called for Uiiit purpose, and lo employ all 
 lawful means, as provided for by tlii^ Art, ',.) collect the sum or sums 
 required for such salaries and olher e.\|)i>nseH ; und should the sumn 
 thus provided be insutlicient to deliay itll the e.vpen.-<e« of !«uch school, 
 theTruslet'H fihall have authority lo u.^suns and ci»n.*e lo be collected any 
 additional rate, in order to pay the balance of the Teacher's salary, and 
 other expen>ie.<i uf such school. 
 
 Eighthljf. — To make out a Uft of the names of all persons rated by 
 them for the school purposes of such section, and the amount payable 
 by each, and to annex to such list a Warrant directed to the Collector of 
 the school section, for the collection of the several sumfl mentioned iu 
 such list: Provided always, that any school-rate imposed by Trustees, 
 according to tins Act, may be made payable monthly, quarterly, half- 
 yearly, or yeaily, as they may think expedient. 
 
 Ninthhi.— To apply to the Municipality of the Township, or employ 
 their own lawful authority, as they may judge expedient, for the raising 
 und collecting of all sums authurixed in the manner hereinbefore pro- 
 vided, to be collected from the freeholders and householders of such 
 section, by rate, according to the valuation of taxable property, as 
 expressed in the Assessor's or Collector's Roll; and the Township Clerk 
 or other officer having possession of such roll is hereby required to allow 
 any one of the Trustees or their authorized Collector, to make a copy of 
 such roll, as far as it shall relate to their school section. 
 
 Tenthly.-— 'To exempt wholly or in part, from the payment of school- 
 rates, such indigent persons as they snail think proper, and the amount 
 of the same shall be a charge upon the other rateable inhabitants of 
 the school section, and shall not be deducted from the salary of a 
 Teacher. 
 
 EUventhly. — To sue for and recover by their name of office, the 
 amounts of school-rates or subscriptions due from persons residing with- 
 out the limits of their school section, and making default of payment. 
 
 Twelflhly. — To appoint the place of each annual school meeting, and 
 to cause notices to l)e posted in at least three public places of such 
 section, at least six days before the time of holding such meeting m 
 call and give like notices of any special meeting of the freeholder or 
 householders of such section, for the filling up of any vacancy in the 
 Trustee Corporation, occasioned by death, removal, or any other cause 
 ■whatever, or for the selection of a new' school site, or for any other school 
 purpose, as they may think proper ; to specify the object or objects of 
 such meeting; which meeting shall be organized, and its proceedings 
 recorded in the same manner, as those of an annual school meeting; 
 und a copy of them, in like manner, shall be transmitted to the local 
 Superintendent : Provided always, that in case of a vacancy in the office 
 of any of the Trustees, during the period for which they shall have been 
 respectively elected, the person or persons chosen to fill such vacancy, 
 shall hold office only for the unexpired term. 
 
 1 hirteentMy. — To permit all residents in such section between the 
 aces of five and twenty-one years of age, to attend the scnool, so long 
 as their conduct shall be agreeable to the rules of such school, and so 
 long as the fees or rales required to be paid on]their behalf, are duly dis- 
 
 193 
 
 I'rovliliniiror 
 •Mliirii-< of 
 Tt'octiuri aiitl 
 expeiireiofUie 
 •eliuol. 
 
 And fur 
 (leticieiicicf. 
 
 To ninke out n 
 rnle-lilll li>t aiui 
 AVarraix. 
 
 I'rovlio : nueli 
 rnic-lilll how 
 pnynble. 
 
 To apply to the 
 Towiithi|i(;oiiii* 
 cil for riiiiiiiK 
 school moiivyi. 
 
 Duly ofTown- 
 tliip Clerk. 
 
 To exempt inJl- 
 seni pertoni. 
 Tenclier'a inlary 
 not to lie Iciieii* 
 ed. 
 
 To fue defaulter!. 
 
 ToUxttieplaeeof 
 the ichooi meet- 
 ing. 
 
 To call (pcelal 
 meeting*. 
 
 Modcofeonduct- 
 
 ingapeeinl 
 
 nieetingH. 
 
 Provifo : 
 
 Tonrtmitperiont 
 to attend the 
 ■rhool, on eondi* 
 lioni. 
 
 m 
 
 f li 
 i 
 
194 
 
 COMMON SCHOOLS. 
 
 'm 
 
 \l 
 
 
 in 4 
 
 nn 
 
 'M 
 
 .1; 
 
 
 t 
 
 Exceptions. 
 
 To visit the 
 scliool, &c. 
 
 To see that pro- 
 lie r bool(s are 
 uaed. 
 
 To be personnlly 
 responsible in 
 certain eases. 
 
 To ap|X)int a 
 librarian and pro- 
 vide a librury. 
 
 To ascertain the 
 number of chil- 
 dren of scliool 
 age. 
 
 To read the 
 school report. 
 
 Proceeding if the 
 account is not 
 SHtisl'actory to 
 the majority of 
 cite meeting. 
 
 To prepare and 
 transmit the an- 
 nual school re- 
 port. 
 
 tJontcntsof such 
 report : time of 
 ki'U|iiiii! the 
 kcliool open. 
 
 Amount of mon- 
 eys received and 
 expended. 
 
 Number of 
 children. 
 
 charged: Provided always, that this requirement shall not e.xtend to 
 the children of persons in whose behalf a separate school shall have 
 been established, according to the nineteenth section of this Act. 
 
 Fouiieenthly. — To visit the school from time to time, and see that it is 
 conducted according to the regulations authorized by law. 
 
 Fifteenthhj.—To see that no un-authorized books are used in the school, 
 but that the pupils are duly supplied with an uniform series of text 
 books, sanctioned and recommended according to law ; and to procure 
 annually, for the benefit of their school section, some periodical devoted 
 to education. 
 
 SixteentMij. — To exercise all the corporate powers vested in them by 
 this Act, for ihe fulfillment of any contract or agreement made by them; 
 and in case any of the Trustees shall wilfully neglect or reluse to exer- 
 ci.se such powers, he or they shall be personally responsible for the 
 fulfilment of such contract or agreement. 
 
 Scventccntldy. —To appoint a Librarian, and to take such steps as they 
 may judge expedient, and as may be authorized according to law, for 
 the establislimeiit, saf„-keeping, and proper management of a school 
 library, whenever provision shall have been made and carried into 
 effect lor the ebtablishment of school libraries. 
 
 Eighteenthly. — To ascertain the number of children between the ages 
 of five and si.vleeii years residing in their section on the thiity-fiist day 
 of December in each year ; and to cause to be prepared and read at 
 the anriiuil meeting of their section, their ainiiial school report for the 
 year then it-nninating, which report shall include, among other things 
 prescribed by law, a full and detailed account of the receiptt* and expen- 
 ditures of all school moneys receiveil and (\vp'inded in behalf of such 
 section, for any purpose whatsoever, during such year; and if such 
 account shall not be satisfactory to a majority of the fieeholdeis or house- 
 holders present at such meeting, then a majority of the said freeholders 
 or householders shall appoint one person, and the Trustees shall appoint 
 another ; and the two arbitrators thus appointed shall examine the said 
 acco'jnt, and their decision respecting it shall be final : or, if the two 
 arbitrators thus appointed shall not be able to agree, they shall select a 
 third, and the ilecision of the majority of the arbitrators so chosen shall 
 be final ; and such arbitrators, or a majority of theiri, shall have autho- 
 rity to collect, or cause to be collected, whatever sum or sums may be 
 awarded against any person or persons by them, iu the same manner 
 and under the same regulations as those according to which Trustees 
 are authorized by the twelfth section of this Act to collect school-rates ; 
 and the sum or sums thus collected shall be expended in the same 
 manner as are other moneys for the common school purposes of such 
 section. 
 
 Nineteenthly. — To prepare and transmit, or cawse to be prepared and 
 transmitted annually, before the ftfteeiith day of January, a re])orl to the 
 Local Superintendent; which report shall be signed by the majority of 
 the Trustees, and made according to a form provided by the Chief 
 Superintendent of Schools, and shall specify : 
 
 Firstly. — The whole time the school in their section shall have been 
 kept by a qualii'ied Teacher during the year ending the thirty-lirst day of 
 the previous December. 
 
 Sicomlly. — The amount of moneys received from the school fund, from 
 local rates or contributions, and from other sources, distinguishing th« 
 same; and the manner in which all such moneys have been expended'. 
 
 Thirdly. — The whole number of children residing in the school sec- 
 tion, over the age of five years, and under the age of sixteeu j the 
 

 extend to 
 shall have 
 Act. 
 
 ee that it is 
 
 1 the school, 
 ries of text 
 to procure 
 cal devoted 
 
 ill them by 
 le by them; 
 ise to exer- 
 ble for the 
 
 eps as they 
 to law, for 
 )f a school 
 ;arried into 
 
 su the ages 
 ty-first day 
 lid read at 
 jorl for the 
 iher things 
 aiidexpen- 
 alf of such 
 lid if such 
 > or house- 
 fieoholders 
 I all appoint 
 le the said 
 if the two 
 nil select a 
 losen shall 
 ave autho- 
 is may be 
 le manner 
 Trustees 
 lool-rates ; 
 the same 
 B3 of such 
 
 pared and 
 
 ■poll to the 
 
 majority of 
 
 the Chief 
 
 have been 
 -Jirstdayof 
 
 fund, from 
 isliing thtj 
 expended. 
 
 chool sec- 
 iLteeu;; the 
 
 COMMON SCnOOLS. 
 
 number of children and young persons taught in the school in winter 
 and summer, distinguishing the sexes, and those who are over and 
 under sixteen years of age; the average ^tendance of pupils in both 
 winter and summer. 
 
 Fourthly. — The branches of education taught in the school ; the num- 
 ber of pupils in each bra* h ; the text books used ; the number of public 
 school examinations, la^ ires and visits, and by whom, and such other 
 information respecting ttie school premises and library, as may be 
 required in the form oi a report provided by the Chief Superintendent of 
 Schools. 
 
 XIII. And be it enacted, That every Trustee of a Common School 
 who shall knowingly sign a false report, and every Teacher of a Com- 
 mon School who shall keep a false school register, or make a false 
 return, with the view of obtaining a larger sum than the just propoition 
 of school moneys coming to such Common School, shall, for each otl'ence, 
 forfeit to the Common School Fund of the Township, the sum of five 
 pounds, and may be prosecuted before any such Justice of the Peace, 
 by any person whatever, and convicted on the oath of any one credible 
 witness other than the prosecutor, and if convicted, the said penalty 
 shall, if not forthwith paid, be levied with costs, by distress and sale of 
 the goods and chattels of the offender, under Warrant of such Justice, 
 and paid over by him to the said Common School Fund, or the said 
 ofxender shall be liable to be tried and punished for the misdemeanor. 
 
 XIV. And be it enacted, That no foreign books in the English 
 branches of Edu(;ation shall be used in any Model or Common School, 
 without the express permission ot the Council of Public Instruction ; 
 nor shall any pupil in any such School be required to read or study in 
 or from any reliiiious book, or join in any exercise of devotion or reli- 
 gion which shall be objected to by his or her parents or guardians : 
 Provided always, that within this limitation, pupils shall be allowed to 
 receive such religious instruction as their parents and guardians shall 
 desire, according to the general regulations wluch shall be provided 
 according to law. 
 
 SECONDLY. — COMMON SCHOOL TEACHERS AND THEIR DUTIES. 
 
 XV. And be it enacted, That no Teacher shall be deemed a quali- 
 fied Teacher within the meaning of this Act, who shall not at the time 
 of hit engaging with the Trustees, and applying for payment from the 
 School Fund, hold a certificate of qualification, as hereinafter provided 
 by this Act ; Provided always, that certificates of qualification given by 
 local Superintendents, shall be in force until the first of January, one 
 thousand eight hundred and fifty-one. 
 
 XVI. And be it enacted, That it shall be the duty of every Teacher 
 of a Common School—- 
 
 Firstly. — To teach dilitrently and faithfully all the branches required 
 to be taught in the School, according to the terina of his engagement 
 with the Trustees, and according to the provisions of this Act. 
 
 Secondly. — To keep the daily, weekly, and monthly or quarterly 
 registers of the School ; to maintain proper order and discipline therein, 
 according to the forms and regulations which shall be provided accord- 
 ing to law; also to keep a Visitors' Book (which the Trustees shall 
 cause to be provided for tliat purpose) and he shall enter therein the 
 visits made to his school, and shall present such book to each Visitor, and 
 request him to make such remarks as may have been suggested by 
 such visit. 
 
 Thirdly.— To have, at the end of each quarter, a public examination 
 of his scliool, of which he shall give due notice, through the pupils, to 
 
 195 
 
 Attendance of 
 pupilei. 
 
 Average aue»(l> 
 ance. 
 
 Branches taught. 
 &c. 
 
 Penalty tor a 
 fnlse report by n 
 Triistec ; or fnlse 
 rcgisicr or return. 
 
 Forelsn booljs 
 when only to be 
 used. 
 
 Parciital and 
 religious rights. 
 
 Proviso. 
 
 A qualified 
 Tuiiclier defined. 
 
 Proviso. 
 
 Duties of 
 Teachers. 
 
 To observe the 
 law and agree- 
 ment. 
 
 Registers. 
 Discipline. 
 
 Visitors' book, 
 
 &.C. 
 
 t 
 
 !1 
 
 
 !is! J m 
 
 li 
 
 i 
 
 4 '■■ 
 
 ilil 
 
 'i 
 
 III 
 ! i 
 
 
 'I I n 
 
 17 .' 
 
 Quarterly 
 exHiuiiuitions, 
 
 &c. 
 
 ii'ij 
 
196 
 
 COMMON SCHOOLS. 
 
 Inrormation to 
 theSuperiiitcii- 
 (iciiu. 
 
 To deliver 
 papcK, &c. 
 
 Froviio. 
 
 Protection of 
 'i'eachefii. 
 
 Mode of seiiliiig 
 any (litfereiice« 
 Iwtwet'ii 
 Trustees and 
 'i'l'aclicrs. 
 
 Duties of Town- 
 ship Council!. 
 
 Levying ateen- 
 inenta for school 
 purposes, as 
 ileiired by 
 Truiteeg. 
 
 Authoriiing 
 loans for Khool 
 purposes. 
 
 their parents and guardians, and the Trustees of the schoo', and of 
 which he shall also give ilue notice to any Scliool Visitors who shall 
 reside in or adjacent to suchcchool section. 
 
 Fourthly. — To furnish to the Local or Chief Superintendent of 
 Schools when desired, any information which it may be in his power to 
 give respecting any thing connected with the opeiations of his school, 
 or in any wise affecting its interest or character. 
 
 Fifthly. — To keep carefully, and at the time of his leaving a school, 
 to deliver up to the order of the Trustees, the Registers and Visitors' 
 Book, appertaining to the school : Provided always, that he shall, at all 
 times, when desired by them, give Trustees or Visitors access to such 
 Registers ar J Visitors' Book. 
 
 XVIL And be it enacted, That any Teacher shall be entitled to be 
 paid at the same rate mentioned in his agreement with the Trustees, 
 even after the expiiation of the period of his agreement, until the 
 Trustees shall have paid him the whole of his salary, as Teacher of 
 the school, according to their engagement with him ; Provided always, 
 that in case of any difference between Trustees atid a Teacher in re- 
 gard to liis salary, the sum due to him, or any other matter in dispute 
 between them, it shall be lavvlul to submit such matter in dispute to 
 arbitration, and each parly shall choose one Arbitrator, and in case 
 cither party in the fiist instance shall neglect or refuse to name and 
 appoint an Arbitrator on his behalf, it shall be lawful for the party re- 
 quiring such arbitration, by a notice in writing to be served upon the 
 party so neglecting or refusing to make such appointment, to require 
 the opposite party within three days, inclusive of the day of the service 
 of such notice, to name and appoint an Arbitrator on his behalf, which 
 notice shall name the Arbitrator nf the party serving such notice ; and 
 in case the party upon whom such notice is nerved shall not, within the 
 three days mentioned in such notice, name and appoint such arbitrator, 
 then the party requiring such arbitration, shall and may nominate atui 
 appdint the second arbitrator, and the two Arbitrators in either way 
 chosen, and the Local Superintendent, or any person chosen by him to 
 act on his behalf, in case he cannot attend, or any two of them, shall 
 h^ve full authority to make an award between them, and such award 
 shall be final : Provided always, that, so often as any such submission 
 shall fall through, it shall be lawful to re-submit the matters in dispute 
 until a final award shall be made between them. 
 
 THIRDLY.— DUTIES OF TOWNSHIP COUNCILS. 
 
 XVIIL And be it enacted, That it shall be the duty of the Munici- 
 pality of each Township in Upper Canada : 
 
 Firstly,— To levy such sum, by assessment, upon the taxable proper- 
 ty in any school section, for the purchase of a school-site, the erection, 
 repairs, renting and furnishing of a school-house, the purchase of appa- 
 ratus and text-books for the school, books for the library, salary of^ the 
 Teacher, as'shall be desired by the Trustees of such school-section, on 
 behalf of the majority of the freeholders or house-holders at a public 
 meeting called for such purpose or purposes, as provided for by the 
 twelfth section of this Act : Provided always, that such Municipality 
 may, if it shall judge expedient, grant to the Trustees of any school 
 section, on their application, authority to borrow any sura or sums of 
 money which may be necessary for the purposes herein mentioned, in 
 respect to school-sites, school-houses and their appendages, or for the 
 purchase or erection of a Teacher's residence, a: id cause to be levied 
 upon the taxable properly in such section, such sum in each year a* 
 shall be necessary for the payment of the interest thereon, and as shall 
 be sufficient to pay off the principal within ten years. 
 
hno\ and of 
 rs who shall 
 
 iiilenilent of 
 
 his power to 
 
 f Ills school, 
 
 ng a school, 
 iiid Visitors' 
 ; shall, at all 
 cess to such 
 
 sntitled to be 
 he Trustees, 
 nt, until the 
 5 Teacher of 
 fjded always, 
 acher in re- 
 jr in dispute 
 in dispute to 
 
 and in case 
 to name and 
 the party re- 
 'ed upon the 
 It, to require 
 if the eervice 
 ehalf, which 
 
 notice ; and 
 ot, within the 
 
 ch arbitrator, 
 
 ominate and 
 
 either way 
 
 n by him to 
 them, shall 
 
 such award 
 submission 
 
 rs in dispute 
 
 the Miinici- 
 
 able proper- 
 he erection, 
 ase of appa- 
 alary of the 
 •section, on 
 at a public 
 for by the 
 unicipality 
 any school 
 or sums of 
 ntioned, ia 
 or for the 
 be levied 
 ch year a* 
 nd as shall 
 
 Katahlishiiig a 
 Towniliip Model 
 
 KCllOOl. 
 
 Memlicrs of llie 
 Ootincil to be 
 'i'ruHtci's. 
 
 DUTIES OF TOWNSHIP COUNCILS. 
 
 Secondly. — To levy, at its ''.iscretion, such sum or sums as it shall ' 
 jadge expedient for procuri'^ig the site, and for the erection and support 
 of a Township Model ScIiooT, and for purchasing books for a Township 
 Library, under such regulations as shall be provided according to law ; 
 Provided always, that the Members of the Township Municipality 
 shall be the Trustees of such Model School, and shall possess the 
 powers of Common School Trustees in respect to all matters affecting 
 such Model School : Provided also, that the Trustees of any one or proviso. 
 more Common Schools shall have authority, at their discretion, and 
 with the consent of such l/oimcil, to merge their school or schools into 
 such Model School; and provided likewise, that tuition to student- 
 teachers in such Model School shall be free. 
 
 Tliirdly. — To form portions of \\\c Township, where no schools have 
 been established, into school sections; to appoint a person in each new 
 school section to call the first school section meeting; and to cause 
 such person to be notified in the manner prescribed in the fourth sec- 
 tion of this Act. 
 
 Fourthly. — To alter any scliool section already established, and to 
 unite two or more school sections into one, at the request of the majority 
 of the freeholders or householders in each of such sections, expressed 
 at a public meeting called by the Trustees for that purpose: Provideil 
 always, that the first election of Trnstees in such section, consisting of 
 two or more sections united, shall be appointed and held in the same 
 manner as is provided for in the fourth section of this Act in respect to 
 a new school section : Provided secondly, that any alteration in the 
 boundaries of a school section shall not go into effect before the twenty- 
 fifth day of December next after the time when it shall have been 
 made ; nor shall any step be taken towards the alteration of the boun- 
 tlaries of any school section, nor any application be entertained for that 
 purpose, unless it shall clearly appear that all parties affected by such 
 alteration have been duly notified of such intended step or application : 
 Provided thirdly, that the several parts of such united or altered school 
 sections shall have the same claim to a share of the Common School 
 Fund to which they would have been entitled, had they not been altered 
 or united ; and provided fourthly, that any school-site, or school-house, 
 or other school property which shall not be required in consequence of 
 such alteration or union of school sections, shall be disposed of by sale 
 or otherwise, in such a manner as a majority of the freeholders or 
 householders in the altered or united school sections shall think proper, 
 at a public meeting called for that purpose, and the proceeds shall be 
 applied to the erection of a new school-house, or other common school 
 purposes of such united or altered sections ; except that the inhabitants 
 transferred from one school section to another, shall be entitled, for the 
 common school purposes of the section to which they are attaclieti, to 
 such a proportion of the proceeds of the disposal of such school-house 
 or other common school properfj', as the assessed value of their property 
 Iwars to that of the other inhabitants of the school section from which 
 they shall have been separated: Provided fifthly, that union tichool 
 sections consisting of parts of two or more Townships, may be formed 
 and altered (under the conditions prescribed in this clause in respect to 
 alterations of other school sections,) by the Reeves and Lrcal Superin- 
 tendent or Superintendents of the Townships out of parts of which such 
 ♦iections are proposed to be formed, at a meeting appointed for that pur- 
 pose by any two of such Town Reeves; of which meeting the other 
 party or parties anthoii/ed to act with them shall be duly notilied: 
 Provided sixthly, that each union school section composed of portions of 
 adjoining Townships, shall, for, all purposes of Trustee elections and 
 control, be deemed one school section, and shall be considered, in 
 
 
 
 197 
 
 Forming new 
 scliool Hsetions 
 
 Altering and 
 uniting sctiool 
 sections. 
 
 First meeting in 
 a united section. 
 
 Alferntions in 
 school sections 
 when to go into 
 effect. 
 
 r.irties concern- 
 ed to be apprized. 
 
 rrivilogcs of 
 nlicreil sections 
 secured. 
 
 DispoEOI of pro- 
 perty. 
 
 Union school 
 seriions how 
 fi)riiicil and 
 altered. 
 
 Provifo ■■ as to 
 parts of adjoining 
 Township. 
 
 
 ■Kl 
 
 !'Ji 
 
 I 'i 
 
 I 'i 
 
 ,1: 
 
 .i*^ 
 
 ■I!' i 
 
 II I 
 
 i i 
 
I 
 
 Itt 
 
 
 V 
 
 h 
 
 198 
 
 Coplcsof certain 
 
 ?iroceediiigi to be 
 urnished. 
 
 Separate schoola 
 for rrotc^tnntH, 
 RoiiinnCntliolics 
 onil (.'oloureil 
 People. 
 
 Manner of elect- 
 ing Truiteei lor 
 the same. 
 
 And of appor- 
 tioning lehool 
 laoiieyt. 
 
 ProviM : as to 
 certain returns. 
 
 All the Hchool 
 •ectionfl ill a 
 Township under 
 (he manafiement 
 of one Board of 
 Trustees. 
 
 Power* of Muni' 
 «ipal (JlouDciliiiD 
 Cities tt Towns. 
 
 COMMON SCHOOLS. 
 
 respect to superintendence and taxing for the erection of a schooN 
 house, as belonging to the Township in which the school-house may be 
 situated. 
 
 Fifthly. To cause the Clerk of .such Township, to furnish the Local 
 Supeiiniendent of Schools with a copy of all the proceedings of such 
 Coiuicil relating to the formation or alteration of school sections, all 
 school assessments, and other educational matters. 
 
 XIX. And be it enacted, That it shall be the duty of the Municipal 
 Council of any Township, and of the Board of School Trustees of any 
 City, Town or incorporated Village, on the application in writing of 
 twelve or more resident heads of families, to authorize the establishment 
 of one or more separate schools for Protestants, Roman Catholics, or 
 coloured people, and, iu such case, it shall prescribe ihe limits of the 
 divisions or sections for such schools, ami shall make the same provision 
 for the holding of the fiist meeting for the election of Tiustees of each 
 such separate school or schools, as is provided in the fourth section of 
 this Act for holding the first school meeting in a new school section : 
 Provided always, that each such separate school shall go into operation 
 at the same time with alterations in school sections, aild shall be under 
 the same regulations in respect to the persons for whom such school is 
 permitted to be established, as are Common Schools generally: Pro- 
 vided secondly, that none but coloured people shall be allowed to vote 
 for the election of Trustees of the separate school for their children, and 
 none but the parties petitioning for the establishment of, or sending 
 children to a separate Protestant or Roman Catholic School, shall vote 
 at the election of Trustees of such school : Provided thirdly, that each 
 such separate Protestant or Roman Catholic, or coloured school, shall be 
 entitled to share in the school fund according to the average attendance of 
 pupils attending each such separate school, (the mean attendance of pupils 
 tor both summer and winter being taken,) as Compared with the whole 
 average attendance of pupils attending the Common Schools in snch 
 City, Town, Village or Township : Provided fourth'y, that no Protestant 
 separate school shall be allowed in any school division except when the 
 Teacher of the Common School is a Roman Catholic, nor shall any 
 Roman Catholic separate school be allowed except when the Teacher of 
 the Common School is a Protestant ; Provided fifthly, that the Trustees 
 of the Common School sections within the limits of which such separate 
 school section or sections shall have been formed, shall not include the 
 children attending such separate school or schools, in their return of 
 children of eohool age residing in their school sections. 
 
 XX. And be it enacted, That whenever the majority of the resident 
 householders of the several school sections of any Township, at public 
 meetings called by Trustees for that purpose, shall desire to abolish 
 local school sectioii Jivisions, and have all their schools conducted 
 under one system and one management, like the schools in Cities and 
 Towns, the Municipality of such Township shall have authority to 
 comply with their request thus expressed, by passing a By-law to that 
 effect ; and all the Common Schools of such Township shall be managed 
 by one Board of Trustees, one of whom shall be chosen in and for each 
 ward of the Township, if the Township be divided into wartis, and if 
 not, then the whole number shall be chosen in and for the whole 
 Township, and invested with the same powers, and subject to the same 
 obligations, as are provided and required, in respect to Truetees in 
 Cities and Towns, by the Twenty-fourth section of this Act, 
 
 FOURTHLY — COUNCILS AND THDSTEES IK CITIES, TOWNS AND 1N0ORP0KAT9O 
 TILLAGK0, AND TIfEIB ppriEB. 
 
 XXI. And be it enacted, That the Cqunail or Conimon Council of such 
 Citj or incorporated Town in Upper Canada, shall be and is her«by 
 
>f a school- 
 DUse may be 
 
 h the Local 
 II gs of 8uuh 
 eeciions, all 
 
 3 Municipal 
 8tees of any 
 1 writing of 
 !tabli8hment 
 Catholics, or 
 limits of the 
 me provision 
 tees of each 
 ih section of 
 lool section: 
 ito operation 
 all be under 
 ich school is 
 israily: Pro- 
 )wed to vote 
 ;hildren, and 
 , or sending 
 >l, shall vote 
 y, that each 
 lool, shall be 
 ittendance of 
 mce of pupils 
 th the whole 
 
 lols in snch 
 10 Protestant 
 
 )t when the 
 )r shall any 
 
 Teacher of 
 the Trustees 
 jch separate 
 
 include the 
 
 ir return of 
 
 the resident 
 J, at public 
 to abolish 
 conducted 
 Cities and 
 authority to 
 law to that 
 )e managed 
 nd for each 
 i^nls, and if 
 the whole 
 to the same 
 TruFteoB in 
 
 30RFORATPD 
 
 ncil of such 
 d is her«by 
 
 Ir'i! 
 
 CITIES, TO\VNS AND VILLAGES. 
 
 invested within its limits and liberties as prescribed by law, and shall 
 be subject to the same obligiitions as are the Municipal Council of each 
 County and the Municipality of each Township by the eighteenth and 
 twenty-seventh sections of this Act: Provided nevertheless, that the 
 appointment of the Local Superintendent of schools for such City or 
 Town, shall be made by the Board of School Trustees for such City or 
 Town . 
 
 XXII. And be it enacted, That in each ward into which any City or 
 Town is or shall be divided according to law, two fit and proper persons 
 shall be elected School Trustees by a mnjority of all the taxable inha- 
 bitants of such ward ; one of which Trustees (to be determmed by lot, 
 at the first Trustee meeting after their election) shall retire from otBce 
 the second Wednesday of January following his election ; and the 
 second of whom shall continue in office one year lonaer, and until his 
 successor is elected ; and the persons thus elected shall form one Board 
 of School Trustees for such City or Town. 
 
 XXIII. And be it enacted, That on the second Wednesday in 
 January of each year, at the time prescribed by (he second section of 
 this Act, one fit and proper person shall be elected Trustee in each 
 ward of every City and Town, and shall continue in office two years, 
 and until his successor is elected ; Provided always, that such election 
 shall be held at the place where the last municipal election was held 
 for such ward, and under the direction of the same returning officer, or, 
 in his default, of such person as the electors present shall choose ; and 
 such election shall be conducted in the same manner as an ordinary 
 municipal election in each ward of such City or Town. 
 
 XXIV. And be it enacted, That the Board of School Trustees for each 
 City and Town, shall be a corporation under the name of " The Board 
 of School Trustees of the City {or Town) of in the County 
 of ;" (the first meeting thereof may be called in the City 
 or Town Council room by any Trustee), and it shall be the duty of such 
 Board: 
 
 Firstly.— To appoint annually or oftener, a Chairman, Secretary, 
 Superintendent of Schools, and one or more Collectors of school rates, 
 (if required) 5 and to appoint the times and places of their meetings, and 
 the mode of calling them,— of conducting and recording their pro- 
 ceedings, — and of keeping all their School accounts. 
 
 Secondly. — To take possession of all Common School property, and to 
 aoceot and hold as a Corporation all property which may have been 
 acquired or given for Common School purposes in such City or Town, 
 by any title whatsoever ; to manage or dispose of such property, and all 
 moneys or income for Common School purposes, until the power hereby 
 given ihall be taken away qr modified by law, and to apply the same, 
 or the proceeds, to the objects for which they have been given or 
 acquired. 
 
 Viirdly.—To do whatever they may judge expedient with regard to 
 purchasing or renting school-sites and premise8,-T.building, repairing, 
 furnishing, warming and keeping in order the sohool-house or school- 
 houses and its or their appendages, lands, enclosures and moveable 
 property, — for procuring suitable apparatus and text-books,— and for the 
 establishment and maintenance of a school library or school libraries. 
 
 Fourthly. — To determine the number, sites, kirid and description of 
 (lohools which shall be established and maintained in such City or 
 Town,— the Teacher or Teachers who shall be employed,— the terms 
 pf employing them,— the amount of their remuneration, and the duties 
 whieh they are to perform,— the salary of the Superintendent of Schools 
 appointed by them, and his duties ; and to adopt, at their discretion, 
 
 199 
 
 To provide com- 
 mon school 
 prcmiBef, tent- 
 books, tte. 
 
 To deterinineitie 
 nuinl«r and kiitd 
 of fchooti ; <>iu- 
 plnjr Teacher*, 
 
 tec. 
 
 
 n 
 
 i ' 1 
 ' '1 
 
 Two Trustee* in 
 
 each ward. ., 
 
 Order of retiring v | 
 from Office. {ii 
 
 ii 
 
 Board of 'i 
 'Irumeea. lit 
 
 i 
 
 1 
 
 ■J 
 
 Si 
 A Trustee to be |j i 
 elected in eiKli j' 
 ward ofa City or 111 
 Town. || 
 
 
 Election. ';| 
 
 1 ^ 
 
 ;1 
 
 1 f'- 
 
 To be a Corpora- 
 tion. 
 
 ' f ■ 
 
 Dutiei of the {i 
 Board. 
 
 il 
 ii 
 
 i| 
 
 ll 
 
 To apnoint cer- 
 tain Officers, &.C. \ 
 
 \ ll 
 
 i ! 
 t 
 
 To hold school ' > 
 proj)erty,«tc. 1 
 
 ■ I. 
 
20O 
 
 A Cominiiiee to 
 takp the chnrgc 
 9f each aeliooK 
 
 To ninke nn 
 '■atlinnii! of 
 txpensoB. 
 
 Thr Miinlcipnl 
 Coiuicil to i)ro- 
 »ide for such 
 expenses. 
 
 To levy scliool 
 nstc billis. 
 
 The pums thus 
 coUectcil to he 
 jiaiJ over. 
 
 To givo orders 
 for money lo 
 Teacherf, ice- 
 To cell school 
 meetings. 
 
 Ai to .rsons 
 elecied to fill 
 vacancies. 
 
 Supplying propwr 
 iext-book»f*tc-.. 
 
 Furthcir dnitictt. 
 
 A»inml Bchool 
 rf|)orls. 4cc. 
 
 Anninl rrpnrt to 
 the (iiiief riupcT- 
 fnlenilcnt. 
 
 rop»L-nt» of wicli 
 r.port. 
 
 COMMON aaiOOLS. 
 
 9urh nw«94.'iiiie5 a»th&y shall judge expetlient, in concurrence vrlih the 
 Trustees of the County Grammar Sehoolj. for uniting one or more of the 
 Common Schoolit of the City or Town with such (jrammar School. 
 
 F'{flhly. — To appoiritannwally, or eftener, if they shall judge expetlient, 
 for the special charge, oversight, aiwll management of eat^h s'^hool within 
 such City or Town, and under auc-bi regialations as they shall think 
 proper to presciiibtt, a Committee of not more than three persons for 
 «aeh schooi. 
 
 Sixthlyi, — Topnepare from time to time, and by before the Municipal 
 Council of Huch City or Town, an estinaate of the sum or sums which 
 they shall jiudtre expedient, for paying the who^ile or part of the salaries 
 ©£ Teachersj — for purchasing on renting school premises, — for building, 
 renting, nepairing, wanming, fumidshing ami keeping in order the school- 
 hiouse* and their appendages and gvou nulls,— for prociiiiing suitable 
 apparatui* and lext-booJts for the sclhwols,— for the establishment and 
 iTfflaintaiinjaMtje of sclmel libraries, — and for all the necessairy expenses 
 of the- sc/hools under their charge ; agul it shall be the duty of the Com- 
 mon Council or Counicil of such City or Town, to provide such sum or 
 sums in stieh mannen as shall be desired by the said Boaiil of School 
 Trustees. 
 
 Seventhly,. — To levy at their diseretion, »ny rates upon the parents 
 or guardiaiBS of children atteiMJing any school tinder their charge, and 
 to employ the same means for ccllecting such rates, as Trustees of 
 Comraion Schools in any Townships may do under the twelfth section 
 of this Act t Provided always, that all mcwflieys thus collected shall be 
 paid into the hands of the Chamberlain o» Tueasurer of such City or 
 fovrn foB Che Common School purposes of the same, and .shall be subject 
 to the order of the said Boird of School Trustees. 
 
 jEi,q:/i//ti/i/i.— To give orders ta Teachers and other school officers and 
 cuediitors wpon the Chamberlaimi or Treasurer of soch City or Town, for 
 the .sum or sums which shall he diu-e them. 
 
 Nmthtyi.'-To call and give notice of ammraal am? special schoo! meet- 
 ings of the ta.vable inhabitants of saiiehi-City or Town, or of any Ward in 
 it, in the .same manner and under the saraiereguBationsas are prescribed 
 in the twelfth section of this Act, fm the appcinlment of annual and 
 special sehooil meetings in the .school sections of Townships; Provided 
 always, that any person elected at any special wan! school meeting, to 
 fill a vacancy which shall have oocurteil in the Board of Trustees, from 
 any cause whatever,, shall hold office otnilly during the unexpired part of 
 the term fo» which the person whose place shall have become vacant, 
 was electwl) to serve. 
 
 TeTtZ-Wi/i— To see that all the pupils in the schools are duly supplied 
 with an uniform series of authorized text-books, — to appoint a Librarian, 
 and lake ©barge eif the selwol library or libraries, whenever esta- 
 blished. 
 
 Ek.mthty. — To see that all the schools under their charge are con- 
 ducted accordini^ lo the regulations nuthorited by law ; and, at the close 
 of each year, to prepare and publish in one or more of the puWie papers, 
 or otherwise, foir the information ©f the inhabitants of such City or Town, 
 an annual repoDl of their proceeilings, and of the progress and state of 
 the schools undtej their charge, — of the receipts and expenr^iin'e of all 
 school moneys, — and lo prepare and transmit annua!''., b-ibre the 
 fifteenth of January, to the Chief Siaperintendent of Schools, a report, 
 signed by a majority of the Tru.stees, and containing all tSne informa- 
 tion required in the reports of Common Schoo4 Trustees by the twelfth 
 section of this Act^ anil any additional items of information which may 
 be lawfully required, and made acconHng to a form which sftall be pro- 
 vided for that purpose by the Chief Siaperinteiaident of Sciioois. 
 
DUTIES OF COCNTY COUNCILS, 
 
 XXV. And be enacted, That the Municipality of evony incorporated 
 Village, shall possess and exercise all (he powers, :and be subject to all 
 the obligations with regard to ihe levying and failing of moneys for 
 Common School purposes, and for the establishment and maintainance 
 of school libraries, within the limits of such incorporated Village, as are 
 conferred and imposed by this Act upon the Municipal Corporations of 
 Cities: Provided always, that on the second Wednesday in January, 
 one thousand eight huindied and lifty-one, in eacflu such incorporated 
 Village, at the place of the then last annual election of Councillors, 
 there shall be a meeting of the taxable inhabitants of such incorporated 
 Village, and which meeting shall be organized and conducted in the 
 ■arae manner as is prescribed in the twenty-third section of this Act, 
 for the conducting of annual school mee^iings in the wards of Cities and 
 Towns ; and at such meetin;^, six fit and proper persons, fronn among 
 the resident house-holders, snail be elected School Trustees for such 
 incorporated Village ; and the peraoins iHfeus ■chosen shall be divided by 
 lot into three 'Classes, of two individipialseadk, to be numbered one, two, 
 three ; the first class shall hold office one yean, — the second, two years, 
 and the third, three years, and until thedr successors are elected ; bift 
 each Trustee retiring from office shall be eHgibletobe re-elected with 
 his own consent ; Provided secondly, that there shall be a like school 
 meeting aiuiually in each such incorporated Village, at which two per- 
 -sons shall be chosen Trustees in the place of the two retiring from office, 
 •and shall continue in office two years, and nn'tril their successors are 
 elected : Provided thirdly, tl^at the first annual «cihool meeting in eacih 
 incorporated Village, shall be called by the Towmreeve df goch Village, 
 who shall cause notices to be posted in at least -six |)nblic places m 
 such Village, at least six days before the time of 'holding such meeting. 
 
 XXVI. And be it enacted, That the Trustees elected in each incor- 
 porated Village, according to the provisions of the preceding section, 
 «hall succeed to all the rights, powers, obligations and Habililies of the 
 present Trustees of sucTi incorporated Village, and shall 'be a Corpora- 
 tion under the title of the ** Board of Trustees of the Incorporated Village 
 of , in the County of ;;" ^^<^ shall 
 possess all the powers, and be subject to all tTie ofbTigations, wiithin 
 the limits of such incorporated Village, as are conferred and imposed 
 by the twenty-fourth section of this Act upon the Trustees of OMes and 
 Towns. 
 
 riFTHLV. — DUTIES OF COUNTY WUNrCTPAL 'COUNCIIL*. 
 
 XXVII. And be it enacted, That it sli ill be the duty of the Municrlpail 
 Council of each County — 
 
 Firstlij. — To cause to be levied each year upon the several Townships 
 'Oi such County, such sum or sums of money, for the payment df the 
 «alaries of legally (qualified Common School Teachers, as shall at least 
 ibe equal (clear of all charges lii collection) to the amonnt of schoeil 
 money apportioned to the several Townships thereof for such year, by 
 ^e Chief Superintendent df Schools, as notified by him to snch Council, 
 throngh the County Clerk;: Provided always, that the sum or soms so 
 levied may be increased at the discretion lof sncih Council, either to 
 increase the County School Fund, or to give special or additional aid to 
 new or needy Schodl Sections, on the recommendation of one or more 
 Local Superintendents : Provided also, thatthe sum required to be levied 
 in such County in each year, for the salaries of legally qualified Teach- 
 ers, shall be collected and paid into the hands of the County Treasurer, 
 on or before the Fourteenth day of Decembor ; and provided likewise, 
 that in case of the non-payment of any part of such sum into the hands 
 of the County Treasurer at that time, no Teacher shall, upon appliea- 
 ^ov^ be iretfuMcd itbe jpaj^atdnt of the sum >to which ihe may be <eHlitled 
 
 Foweriiof Coun- 
 cilK of incorpor- 
 ated Vlllnge*. 
 
 Firat elcctioa of 
 U"rui;tees. 
 
 How lielil nnd 
 conducted. 
 
 Six Truswea to 
 be elected. 
 
 Mode of retire- 
 ment from Office. 
 
 Two TruBteci to 
 be elected ttiere- 
 after. 
 
 Mode of calling 
 tlie flrst meeting. 
 
 TrustecR thun 
 iiubsiitutedforflie 
 (jrescnt Trustee*. 
 
 To be a Corpor- 
 ation. 
 
 Ttieir powerB, 
 obtigntiong and 
 duties. 
 
 DutttsofCouiny 
 'Councils. 
 
 To raise a sum 
 ef|iinltotlie leg- 
 islative scticdl 
 grant. 
 
 Sueli sum may be 
 increased. 
 
 Iri! 
 
 ill 
 
 in I 
 
 I. , 
 
 :'Hj 
 
 Tiine for pay- 
 ment of tJouifty 
 sctiool ai^ses*- 
 inent. 
 
 HH 
 
 .n\ 
 
202 
 
 No Teacher to be 
 refused the pay- 
 merit on aeeouMt 
 of the non-collec- 
 tion of asiaeH- 
 niiMii. 
 
 To ralJC morey 
 tor school libraiy. 
 
 To appoir.i local 
 .Supuriiitendents. 
 
 No local Super- 
 iniuiiilenttohave 
 charge of more 
 tlian lUO tcbooU, 
 4ce. 
 
 To secure all 
 school inoneya 
 &c. 
 
 No ilcduclion 
 ullowed. 
 
 May appoint a 
 sub-trcaaurcr. 
 
 To cnuac school 
 accounts to be 
 audited, &c. 
 
 Abstract of such 
 accounts to be 
 transmitted. See. 
 
 County noard of 
 Public Instruc- 
 tion constituted. 
 
 Quorum for the 
 e.vatnlnaiion of 
 Toaclierb -. and 
 lor other pur- 
 poses. 
 
 Incidental ex- 
 penccs how 
 defrayed. 
 
 COMMON SCHOOLS. 
 
 from Biich year's County School Fund, but the County Treasurer shall 
 pay any local Superintendent's lawful order in behalf of such Teacher. 
 m anticipation of the payment of the County School assessment ; and 
 the County Council shall make the necessary provision to enable the 
 County Treasurer to pay the amount of such lawful order. 
 
 Secondly. — To raise by assessment such sum or sums of money as it 
 shall judije expedient, for the establishment and maintenance of a 
 County Common School Library. 
 
 Tiiirdly. — To appoint annually a Local Superintendent of Schools for 
 the whole County, or for any one or more Townships in such County, as 
 it shall judge expedient ; to' fix (within the limits prescribed by the 
 thirtieth secrtion of this Act) and provide for the salary or salaries of 
 such Local Superintendent or Superintendents : Provided always, that 
 no such Local Superintendent shall have the oversight of more ttian one 
 hundred schools ; and provided also, that the County Clerk shall forth- 
 with notify the Chief Superintendent of Schools of the appointment and 
 address ot each such Local Superintendent, and of the County Trea- 
 surer; and shall likewise furnish him with a copy of all proceedings 
 of such Council, relating to Sohool assessments and other educational 
 matters. 
 
 Fourthly. — To see that sufficient security be given by all officers of 
 such Council to whom school moneys shall be entrusted,— to see that 
 no deduction be made from the School Fund by the County Treasurer 
 or Sub-treasurer, for the receipt and payment of school moneys, — to 
 appoint, if it shall judge expedient, one or more Sub-treasurers of school 
 moneys, for one or mote Townships of such County : Provided always, 
 that each such Sub-treasuior shall be subject to the same responsibilities 
 and obligations in respect to the accounting for school moneys and the 
 payment of lav/ful orders for such moneys given by any Local Superin- 
 tendent within the parts of the County for which he is appointed Sub- 
 treasurer, as are imposed by this Act upon each County Treasurer, in 
 respect to paying and accounting for school moneys. 
 
 Fifthly. — To appoint annually, or oftener. Auditors, whose duty it 
 shall be to audit the accounts of the County Treasurer and other officers 
 to whom school moneys shall have been intrusted, and report to such 
 Council ; and the County Clerk shall transmit to the Chief Superinten- 
 dent of Schools, on or before the first day of March in each year, a 
 certified copy of the abstract of such report, and also give any explana- 
 tion relating thereto, as far as he is able, which may be required by 
 the Chief Superintendent. 
 
 SIXTHLY — CONSTITUTION AND DUTIES OF THE COUNTY BOARDS OF 
 
 PUBLIC INSTRUCTION. 
 
 XXVfIL And be it enacted. That the Board of Trustees for the 
 County Grammar School and the Local Superintendent or Superinten- 
 dents of Sch?"!s in each County, shall constitute a Board of Public 
 Instruction for such County : Provided always, that where there is more 
 than one Grammar School in a County, tlie County Council shall have 
 authorhy to divide such County into as many Circuits as there are County 
 Grammar Schools, and the Trustees of each County Grammar School 
 and the Local Superintendent or Superintendents of Schools in each 
 circuit, shall be a Board of Public Instruction for such circuit : Provided 
 also, that at any lawful meetiiiy of such Board, not less than three mem- 
 bers, including a Local Superintendent of Schools, shall constitute a 
 quorum for examining and giving certificates of qualification to Common 
 School Teachers, and not less than five members shall constitute a 
 quorum for the transaction of any other business : Provided likewise, 
 that the incidental expenses connected with the meeting and proceed- 
 
 Boj 
 
isurer shall 
 ih Teacher. 
 iment ; anu 
 enable the 
 
 loney as it 
 nance of a 
 
 Schools for 
 County, as 
 »ed bv the 
 salaries of 
 ways, that 
 re than one 
 ihall forth- 
 itment and 
 inty Trea- 
 roceedings 
 ducational 
 
 officers of 
 ' see that 
 Treasurer 
 oneys,— to 
 s of school 
 d always, 
 msibilities 
 s and the 
 1 Superin- 
 Dted Sub- 
 asurer, in 
 
 e duty it 
 sr officers 
 rt to such 
 iperinten- 
 1 year, a 
 expjana- 
 uired by 
 
 RDS or 
 
 3 for the 
 perinten- 
 )f Public 
 e is more 
 all have 
 e County 
 r School 
 in each 
 Provided 
 Je mem- 
 stitute a 
 hmmon 
 Ktitute a 
 kewise, 
 iroceed- 
 
 COUNTY BOARDS AND SUPERINTENDENTS. 
 
 Ingsof each County Board of Public Instruction, shall be provided for 
 by the Municipal Council of such County. 
 
 XXIX. And be it enacted, That it shall be the duty of each County 
 Board uf Public Instruction— 
 
 Firstly, — To meet not less than four times a year, — to determine the 
 time and places of its own meetings,— and the order of its proceedings, 
 and the manner of recording them. 
 
 Secondly. — To examine and give certificates of qualification to 
 Teachers of Common Schools, arranging duch Teachers into three classes 
 according to their attainments and ability, as shall be prescribed in a 
 programme of examination and instructions to be provided according to 
 Jaw; also, to aimu I any such certificate as it shall judge expedient: 
 Provided always, that no certificate of qualification shall be given to 
 any person as a Teacher, who shall not turnish satisfactory proof of good 
 moral character ; nor to any person who shall not, at the time of applying 
 for such certificate ofqualification, be a natural-born or naturalized subject 
 of Her Majesty, or who shall not produce a certificate of having taken '.ne 
 oath of allegiance to Her Majesty jbofore some oneof Her Majesty's Justices 
 of ttie Peace for the County in which he shall be a resident: and all 
 Justices of the Peace are hereby authorized to administer such oath of 
 allegiance : Provided also, that any such certi.icate of qualification shall 
 be general, as regards the County, or limited as to time or place, at the 
 
 (Jeasure of the majority of the members of the County Board of Public 
 nstruction present at such examination : Provided likewise, that every 
 such certificate shall have the signature of at least one Local Superin- 
 tendent of Schools. 
 
 Thirdly. — To select (if deemed expedient) from a list of text-books 
 recommended or authorized by the Council of Public Instruction, such 
 books as they shall think best adapted for use in the Common Schools 
 of such County or Circuit, and to ascertain and recommend the best 
 facilities for procuring such books. 
 
 Fourthly. — To adopt all such lawful means in their power as they 
 shall judge expedient, to advance the interests and usefulness of Com- 
 mon Schools, to promote the establishment of School Libraries, and to 
 diffuse useful knowledge in such County or Circuit. 
 
 SEV£NTHT.V^DUTIES OF LOCAL SUPERINTENDENTS OF SCHOOLS. 
 
 XXX. And be it enacted, That each Local Superintendent of Common 
 Schools, appointed as provided for in the twenty-seventh section of this 
 Act, shall be entitled annually, to not less that one pound currency per 
 School placed under his charge, together with any additional remuner- 
 ation or allowance which the Council appointing him shall grant ; and 
 such Superintendent shall be paid the same in quarterly instalments by 
 the County Treasurer. 
 
 XXXI. And be it enacted, That it shall be the duty of each Local 
 Superintendent of .Schools — 
 
 First — As soon ashe shall have received from the County Clerk a notifi- 
 cation of the amount of money apportioned to the Township or Townships 
 within the limits of his charge, to apportion the same among the several 
 School sections entitled to receive it, (unless otherwise instructed by the 
 Chief Superintendent of Schools) according to the rates of the averacre 
 attendance of pupils attending each Common School, (the mean attend- 
 ance of pupils for both summer and winter being taken) as compared 
 with the wnole average numberof pupils attending the Common Schools 
 of such Township. 
 
 Secondly. — To give to any qualified Teacher, and to no other, on the 
 order of the Trustees of any School section, a Check upon the County 
 
 203 
 
 ' 'ei of each 
 ly Hoard. 
 
 'I'o iiice( quarter- 
 ly, itc. 
 
 Tu examine and 
 i:ivt! ceriificatet 
 orqunllflcHiioii 
 to'l'cachrrfi. 
 
 Troviio. 
 
 Provigo : ceriifi- 
 cnte may Ijc (,'eii- 
 vral or licnitrd. 
 
 Proviso -. must 
 lie ligiied. 
 
 To nclLTt lext- 
 booki), ttc. 
 
 To provide for a 
 (bounty School 
 library ; and pro- 
 nioic intereiu of 
 kIiooIh. 
 
 RemuneratioB, 
 tee. 
 
 To tie paid quar- 
 terly. 
 
 Duties. 
 
 To dinribuie the 
 roniinon lehool 
 fund. 
 
 
 lii 
 
 1 I 
 
 1^ 
 
 ill 
 
 II; 
 
 To give checks to 
 Tenchert for 
 Kbool moneys. 
 
 ■ ft; ', 
 
 
204 
 
 COMMON SCHOOLS. 
 
 t'onditloni. 
 
 L'oiiiil Huns not to 
 iipjily to new 
 ncliQiil vectioni. 
 
 To vliit each 
 Mhool. 
 
 Dutlciat lueh 
 viiiiatiouH. 
 
 To ikOiver public 
 lecturea. 
 
 Topics. 
 
 Oilier dutlci. 
 
 To enforce the 
 ]nvr. 
 
 To recoiiinicnil 
 the use of teit- 
 books, tie. 
 
 To nttend the 
 tnceiliigx ul tliu 
 r<jutity Hoard of 
 liiiitruciion,&c. 
 
 To nttend arbl- 
 tratioiig. 
 
 To decide other 
 qtienlioiia. 
 
 Or refer lliem to 
 the Chief Super- 
 intciuleHt. 
 
 Proviso : for 
 ■ip|ieal. 
 
 To suspenil eer- 
 'ilicnies of 
 q inlificatioii in 
 (.urtnin cui-es. 
 
 Kdcctofsiucli 
 cuneelling. 
 
 To observe all 
 Inwfu' regula- 
 tioiifi, ice., i;ive 
 iiiforinntioii to 
 Chief Snpcrin- 
 tendeni, and 
 nccounts, &c., 
 to audiiorH. 
 
 Traasuier or aub-Treasurer, for any sum or sums of money apportioaeil 
 anil due to such section : Provided always, that he shall not pay any 
 such order of the Trustees of any school section, from whom no salifac- 
 tory annual school report shall havo been received for the year ending 
 the last (lay of December preceding; nor unless it shall appear by such 
 report, that a School has been kept by a qualified Teacher in suoh aoo 
 tion, for at least six months during the year ending at the date of such 
 report ; Provided also, that the fore^joinj^ comlition shall not apply to the 
 order or oiders of Trustees in any new School section, for money appof- 
 ioned and duu to such section. 
 
 Viifdlij. — 'lo visit each Common School witliin his jurisdiction, at 
 least once in each quarter ; and at the time of each such visit, to exa- 
 mine into the slate and condition of the School, as respects the progresa 
 of the pupils in learning,— the order and discipline observed, — the sys- 
 tem of instruction persued, — the mode of keeping the School Registers) 
 — the average attendance of pupils, the character and condition of the 
 building and premises, — and to give such advice as he shall judge 
 proper. 
 
 Fourthly. — To deliver in each school section, at least once a year, a 
 public lecture on some subject connected with the objects, principles 
 and means of practical education ; and to do all in his power to persuade 
 and animate Parents, Guardians, Trustees and Teachers, to .'uprove the 
 character and efficiency of the Common Schools, and secure '.hu uniTersal 
 and sound education of the young. 
 
 Fifthly. — To see that all the schools are managed and conducted 
 according to law, — to prevent the useof unauthorized, and to recommend 
 the use of authorized books in each school, — to acquire and give infor- 
 mation us to the manner in which suoh authorized books can be obtained* 
 and the economy and advantages of using them. 
 
 Sixthly. — To attend the meetings of tli© County Board of Public 
 Instruction, — lo meet and confer with the Chief Superintendent of 
 Schools at such time and place as he may appoint when making aa 
 official visit to such County, for the promotion of the interests of Edu- 
 cation. 
 
 Seventhly. — To attend the Arbitrations, and to meet the Townreeres 
 as provideil for in the twelfth and eighleenth sections of this Act,^to 
 decide upon any other questions of difl'eience which may aii.se between 
 inlere-sted parlies under the operation of this or any preceding Act, and 
 which may be submitted to him ; Provided always, that he may, if he 
 .sihall deem if advisable, refer any such question to the Chief Superin- 
 tendent of Schools : Provided also, that any aggrieved or dissatisfied 
 party, in any case not otherwise provided for by this Act, shall have the 
 right of appeal to the Chief Superintendent of School.''. 
 
 Eighthly. — To suspend the certificate of qualification of any Teacher, 
 for any cause which .shall appear to him to require it, until the next 
 ensuing meeting of the County Board of Public Instruction, where the 
 ca.se shall be disposed of in such manner as a majority of the membera 
 present shall think proper? Provided alway.s, that due notice shall be 
 iriven to the Teacher suspended, of such meeting of the County Board : 
 I'rovided also, that the cancelling or suspension of a Teacher's certificate 
 of qualification shall release his School Trustees from any obligation to 
 continue him in their employment. 
 
 Ninthly. — To act in accordance with the regulations and instructions 
 which shall be provided according to law, — to give any information in 
 his power (when desired) to the Chief Superintendent of Schools 
 respecting any Common School matter within his jurisdiction, — to fur- 
 nish the County Auditors, when required, with the Trustees' oiders as 
 
 Scl 
 
 sh( 
 
 teil 
 
 seu 
 
apportioaeil 
 not pkj anj 
 n. no Mlifac- 
 year ending 
 pear by such 
 in such »e» 
 ilate of auch 
 apply to the 
 oney appor- 
 
 ifliliotion, at 
 iiiit, to exa> 
 ihe progreu 
 \, — the 8y#- 
 1 Registers) 
 ition of the 
 shall judge 
 
 e a year, a 
 , principles 
 '!oper«iuade 
 '>jprove the 
 u.< unirersal 
 
 conducted 
 recommend 
 give infor- 
 )e obtained, 
 
 of Public 
 itendent of 
 naking an 
 ts of £du- 
 
 ownreerea 
 3 Act,— to 
 e between 
 
 Act, and 
 nay, i( he 
 
 Sijperin- 
 issatisfied 
 
 have the 
 
 Teacher, 
 
 ihe next 
 vhere the 
 members 
 
 shdl be 
 y Board : 
 
 erti^cate 
 gation to 
 
 itriictions 
 1 at ion in 
 Schools 
 — fo fnr- 
 trders as 
 
 VISITORS AND THEIR DUTIES. 
 
 the authority for his Checks upon Ihe County or Sub*Treasurer for 
 School moneys,— to deliver copies of his official correspondence, and all 
 school papers in hia custody, to the order of the County Council on 
 retiring from office. 
 
 Tenthlij.— To prepare and transmit to the Chief Superintendent of 
 Schools, on or before the first day of March, an annual report, which 
 shall bo in suoh form as shall be provided by the said Chief Superin- 
 tendent, and which shall state : 
 
 Ist. — The whole number of Schools and School sections or parts of 
 sections in each To\>ui9hip within his jurisdiction. 
 
 2nd.— The number of pupils taught in each school over the age of five 
 and under the age of sixteen, — the number between the ages of sixteen 
 and twenty-one years, — the whole number of children residing in each 
 section, or part of a section, over the age of five and under the age of 
 sixteen years. 
 
 3rd. — The length of lime a school shall have been kept in each of 
 such sections or pnrls of sections, by a qualified Teacher,— ihe branches 
 taught,— tho number of pupils in each branch, and the books used, — 
 the average attendance of pupils, both male and female, in summer and 
 in winter. 
 
 4th. — The amount of moneys which have been received and col- 
 lected in each section or p?irt of section — distinguishing the amouut 
 apportioned by the Chief Superintendent of Schools, the amount re- 
 ceived from County Assessment, the amount raised by Trustees, and the 
 amount from any other and what source or sources ; also how such 
 moneys have been expended, or whether any part remains unexpended, 
 and from what causes ; the annual salary of Teachers, male and 
 female, with and without board. 
 
 5lh. — Tho number of his and other School visits during the year,— 
 the number of school lectures delivered, — the whole number of school- 
 houses, their sizes, character, furniture and appendages, the number 
 rented, the number erected during the year, and of what character, and 
 by what means. 
 
 6th. — The nnml>er of qualified Teachers,— their standing, sex, and 
 religious persuasion, — the number, so far as he may be able to ascer- 
 tain, of private Scliools, — the number of pupils and subjects taught 
 therein, — the number of LibrafieS, their extent, how established and 
 supported ; also, any other information which he may possess respecting 
 the educational state, wants and advantages in each Township of his 
 charge, and any suggestions which he shall think proper to make with 
 a view to the improvement of Schools and diffusion of useful know- 
 ledge. 
 
 BIOIITHLY.<— SCHOOT. VISITORS AND THEIR DUTIES. 
 
 XXXII. And be it enacted, That all Clergymen recognized by law, 
 of whatever denomination. Judges, Members of the Legislature, Magis- 
 trates, Members of Cou»ty Councils and Aldermen, shall be School 
 Visitors in the Townships, Cities, Towns and Villages where ihey shall 
 respectively reside : Provided always, that persons holding the Com- 
 mission of the Peace for the County only, shall not be School Visitors 
 within Towns and Cities : Provided also, that each Clergyman shall be 
 a School Visitor in any Township, Town or City where he may have 
 pastoial charge. 
 
 XXXIir. And be it enacted. That it shall be lawful for each of Ihe 
 said School Visitors, to visit, as far as practicable, all the Public Schools 
 in such Township, City, Town or Village ; especially to attend the 
 quarterly examinalions of Schools, and, at the time of any such v>,f, to 
 examine the progress of the pupils, and the state and management of 
 the School, and to give such advice to the Teachers and pupils, and any 
 
 2 '5 
 
 To irnn»iiiti iin 
 niiniiitl ichool 
 reiwri. 
 
 ( 'ontenM ol Mtrh 
 tv\>on, 
 
 Numlirr of 
 rrlinoli •nil of 
 rliililrcii or 
 Kliool a^n, Jfce. 
 
 Time of keeping 
 
 tll>! HCllOOlil 
 
 (j|>r-ii : tirnneliM 
 
 I'lllUlll. 
 
 llOOlil IIMNI, ttC' 
 
 Tlie nmomit of 
 nioiievH rerelvrU 
 nnd n|i«>llilcdi 
 
 iLC. 
 
 Tlie mimher of 
 uriiocl viiiu and 
 lecture*. 
 
 Offchoolhottieo, 
 &c. 
 
 OfTeaelier»,lcc. 
 
 Of privtic 
 8cliool», libraric* 
 ice. 
 
 Who (hnll l« 
 KclHtol Tliilor*. 
 
 Troviso : ni to 
 County Mngii»- 
 traiet. 
 
 f chool Tiditorii 
 ii);iy visit the 
 iicliools, attend 
 o.xnininalions of 
 oacli vcIhx)!, 4kc. 
 
 1 1 i 
 
 ! I • 
 
 
 il 
 
 I 
 
 I: 
 
 d 
 
 M 
 
 III 
 ij 
 
206 
 
 COMMON SCHOOLS. 
 
 ( 
 
 
 ? 
 
 ■ 
 
 I"] 
 
 I- 
 h 
 
 if 
 
 if' 
 
 ■- 
 
 
 otliorn present, an ho may think ailvinnble, in accordance with the 
 
 regulation!) niKl instructions which shall be provided in regard to School 
 
 Provito ; Rmiftrni Vioitors according to law : Provided .ilways, that a General Meetint; of 
 
 ""u'j""' """^^ ^ '*"'^'' V'"''"" f""y ^'0 J'"'*' **' ""> ''"1" "f place which may be appointed 
 by any two Visitors, on suflicient notice being given to the other 
 Visitors in thu Township, City. Town or Village, and it shall be lawful 
 for duch Visitors, thus a8sumulo<i, to devise such means as they may 
 deem expedient for the etnciunt visitation of the Schools, and to promote 
 the oslubiishmont of Libraries and the diffusion of useful knowledge. 
 
 Itutic* and o. 
 jeeia ornueh 
 iiieecingi. 
 
 Chief Superin- 
 (cnileni of 
 ■elioult. 
 
 Hiiialary. 
 
 To account for 
 ilic coiitingfiit 
 
 CIIWIKO of llll 
 
 Udlce. 
 
 To Ijc allowed 
 two clerki ; llieir 
 ■alariu«. 
 
 Dutie«. 
 
 To apportion nil 
 moiieyg ijrniiteil 
 for the 8up|)ort of 
 eoiiicnoii schools. 
 
 To certify hucIi 
 apportioniiiciit to 
 the IiiHpector 
 General, &c. 
 
 To prepare forms 
 ice, atiil trans- 
 mit them to local 
 officers. 
 
 To cause copies 
 of school law, 
 regulations, tic, 
 10 be distribuifd. 
 
 NINTHLY. — DUTIES OF THK CIIIEr SUPKRINTENDENT OF SCHOOLS. 
 
 XXXIV. And he it enacted. That the Governor may, from time to 
 time, by Letters Patent under the Great Seal of the Province, appoint 
 a fit and proper person to be Chief Superintendent of Scnools for 
 Upper Canada, who shall liold his ofTice during pleasure, and shall 
 receive u salary of the same amount as that now provided by law, or as 
 may hereafter be provided by law, for the Superintendent of Education 
 in Lower Canada; and shall be responsible to, and Hubject to the 
 direction of the Governor General, communicated to him through such 
 Dopattment of Iler Majesty's Provincial Government, as by the 
 (iovenior may be directed in that behalf; and shall account for the 
 contingent e.vpensea of his office, as provided in respect of other public 
 ollicos ; and shall be allowed two Clerks, who shall receive the same 
 suJaiius as are or shall be by law attached to similar oifices in the 
 education law for Lower Canada, to commence from the first of July, 
 one thousand eight hundred and lifly. 
 
 XXXV. And be it enacted. That it shall be the duty of the Chief 
 Superintendent of Schools — 
 
 Firstly. — To apportion, onnually, on or before the first day of May, 
 all moneys granted or provided by the Legislature for the support of 
 Common Schools in Upper Canada, and not otherwise appropriated by 
 this Act, to the severol Counties., Townships, Cities, Towns and incor- 
 porated Villages therein, according to the ratio of population in each, as 
 compared with the whole population of Upper Canada ; or when the 
 census or returns upon which such an apportionment is to be made, shall 
 be so far defective, in respect to any County, Township, City, Town or 
 Village, as to render it impracticable for the Chief Superintendent to 
 ascertain from such data the share of school moneys which ought then 
 to be apportioned to such County, Township, City, Town or Village, he 
 shall ascertain, by the best evidence in his power, the facts upon which 
 the ratio of such apportionment can be most fairly and equitably made, 
 and inuke it accordingly. 
 
 Secondly. — To certify such apportionment made by him to the In- 
 spector-General, so far as it relates to the several Counties, Cities, 
 Towns and incorporated Villages in Upper Canada, and to give imme- 
 diate notice thereof to the Clerk of each Wounty, City, Town and 
 Village interested therein, stating the time when the amount of moneys 
 thus apportioned will be payable to the Treasurer of such County, City, 
 Town or Village. 
 
 Thirdly. — To prepare suitable forms, and to give such instructions as 
 he shall judge necessary and proper, for making all reports, and con- 
 ducting all proceedings under this A( t, and to cause the same with such 
 general regulations, as shall be approvcu of by the Council of Public 
 Instruction, for the better organization aid government of Common 
 Schools, to be transmitted to the officers required to execute the provi- 
 sions of this Act. 
 
 Fourthly. — To cause to be printed from time to time, in a convenient 
 form, so many copies of this Act, with the necessary forms, instructions, 
 
ce wjih the 
 irJ tu Nchool 
 Meeting of 
 >e appointed 
 Q the other 
 ill be lawful 
 8 they mty 
 J to promote 
 owledge. 
 
 ciiooLa. 
 
 rem time to 
 )oe. appoint 
 Schools for 
 ), and shall 
 f law, or as 
 f Education 
 )ject to the 
 u'ough such 
 as hy the 
 Hint for the 
 >ther public 
 e the same 
 ices in the 
 rst of July, 
 
 r the Chief 
 
 ay of May, 
 I support of 
 )priated by 
 and incor- 
 in each, as 
 when the 
 nade, shall 
 r, Town or 
 itendent to 
 >UBht then 
 tillage, he 
 pon which 
 bly made, 
 
 to the Li- 
 es, Cities, 
 ve imme- 
 
 'own and 
 Df moneys 
 
 nty, City, 
 
 actions as 
 and con- 
 
 with such 
 
 of Public 
 Common 
 
 he provi- 
 
 mvenient 
 tructions, 
 
 CHIEF 8UPEHINTENDKNT. 
 
 and regulations lo be observed in executing its provisions, as ho rray 
 deem sutiicient for tho information of ail oiiicvrs of Common Schools, 
 and lo cause iho Haino lo be distributed for that purposu. 
 
 F'\fthhj, — To -Bce tliiit all moneys apportioned by him, be applied lo 
 the objects for wliicli they were granted \ and for that purpose, lo decide 
 upon all matters iiiid (omplaiiits submitleil to him (and not otherwise 
 provided for by tins Aol) which involve the expenditure of any part of 
 the School Fund ; nuj to direct the application of such balances of the 
 School Fund as ina\ have been apportioned for any year and forfeited 
 according to the provisions of this Act ; Provided always, that such 
 balance of ihe School Fund shall be expended in making up the salaries 
 of Teachers in the County to which they shall have been apportioned. 
 
 Sixthljf.— To appoint one of his Clerks as his Deputy, to perform the 
 duties of his ofHce in case of his absence ; and to appoint one or more 
 persons, as he shall^ from time to time, deem necessary, to inspect anv 
 school, or examine into any school matter, in the County where nucH 
 person or persons reside, and report to him: Provided, that no allow- 
 ance or compensation shall be made to such special inspector or 
 inspectors for any service or services performed by him or them. 
 
 Seventhly. — To take the general Superintendence of the Normal 
 School; and to use his best endeavours to provide for and recommend 
 the use of uniform and approved text-books in the Schools generally. 
 
 Eighthly. — To employ all lawful means in his power to procure and 
 promote the establishment of School Libraries for general reading, in 
 the several Counties, Townships, Cities, Towns and Villages, — lo pro- 
 vide and rccommenci the adoption of builable plans of School-houses, 
 with the proper furniture and appendages,— and to collect and dill'use 
 useful iniormation on the subject of education generally, among the 
 people of Upper Canada. 
 
 Ninthly, — To submit to the Council of Public Instruction, all books 
 or manuscripts which may be placed in his hands with the view of 
 obtaining the recommendation or sanction of such Council, for their 
 introduction as text-books or library books,— and to prepare and lay 
 before the Council of Public Instruction, for its consideration, such gen- 
 eral regulations for the organization and government of Common Schools, 
 and the management of School Libraries, as he shall deem necessary 
 and proper. 
 
 Tenthly. — To apportion whatever sum or sums of money shall be 
 >rovided by the Le<rislaluie for the establishment and support of School 
 libraries: Provided also, that no aid shall be given towards the esta- 
 blishment or support of any School Library unless an equal amount be 
 contributed and expended from local sources for the same object. 
 
 Eleventhly. — To appoint proper persons to conduct County Teachers' 
 Institutes, and tn furnish such rules and instructions as he shall judge ad- 
 visable in regard to the pioceedingsof such Institutes, and the best means 
 of promolin<^ their objects, in elevating the profession of school teaching 
 and increasing its usefulness. 
 
 Twelfthly. — To be responsible for all moneys paid through him in 
 behalf of the Normal and Mo<lel Schools, and to give such security for 
 the same as shall be required by tlie Gcvemor, — and to prepare and 
 transmit all correspondence which shall be directed or authorized by the 
 Council of Public Instruction for Upper Canada. 
 
 Thirteenthly.—To make annually to the Governor, on or before the 
 first day of July, a report of the actual state of the Normal, Model and 
 Common Schools throughout Upper Canada, 'showing the amount of 
 moneys expended in connection with each, and from what sources 
 
 207 
 
 i 
 
 Tn »(•<) ilinl 
 utcduly A|>^lii'il. 
 
 Dlnpotnl of lift* 
 l.iiiceg of iiieli 
 iiioiH-jri, tif., Ill 
 curtain eaw*. 
 
 To nppoint n 
 lii>|iiity nnd Hpe- 
 clnl Iiiipcctor*. 
 
 DiiliK* nt lo llie 
 NorinnI iclioul : 
 nnd (cxi-liool(«. 
 
 Hcliool llbtnriec. 
 
 riiiiiH of KllOOl 
 liuuitevi JLC. 
 
 ToRid'init liooki, 
 iiiniiiD'cript* jcc, 
 fur apiirovnl. 
 
 To prepare gen- 
 eral reKulntioni, 
 
 'J'o npporiion 
 inoiieyi) lor 
 HcliQol librariei. 
 
 rroviso; condi- 
 tion Uf 8UCll 
 
 upportioiiincnt. 
 
 To nppoint per- 
 DoiK to conduct 
 Tciiclior»' 
 liintitiitta, lie. 
 
 To iicroiint for 
 money «, Stc. 
 
 To report 
 niinuaily lo tlie 
 Governor. 
 
 ■' I t; 
 
 ,; ■ 
 
 ii ' 
 
 I' 
 
 
 ! ' 
 
 ..I 
 
 h 
 
 1 1 
 
 r 
 
 ,!i i 
 
208 
 
 
 H';a>racilofl'iil.lic 
 Ou^lructioii fur 
 V.C. 
 
 (if whom (0 
 
 •toumm. 
 
 f roviilinjjnplacu 
 ntui ilufiayiii); 
 iftX|KMlSL'8 of tiie 
 «ncotiiv),'8of suci; 
 CouNcil, Sec. 
 
 ' Om* to the 
 <Council, 
 
 Hiii (luticd. 
 
 Duties of the 
 (Jouiici'l. 
 
 To rejsulntc its 
 "Own pncceiliiii,'!-. 
 
 To prov^iih; for 
 feniiniit'nt o»ta- 
 lilidhiiifMUnnil 
 etficiency ofXor- 
 iiiiil Scbtisol. 
 
 To Hiako mips 
 for tlic Norninl 
 School: prescriln! 
 terms of adtiiis- 
 nion. ttc. 
 
 To )l|>p3illt 
 
 7'eaciic<«< Ice. 
 
 T« wiskc regula- 
 tion* for I he 
 ■fiovwrnmcni of 
 «oiiiruou schools. 
 
 To examine nnj 
 recoiiimeiul 
 
 tKX>l«. 
 
 rroviso. 
 
 To nccount nn- 
 nually (irniit fur 
 the Noriiml 
 School. 
 
 COMMON SCHOOLS. 
 
 derived, with such statements and suggestions for innprovins the Cooi- 
 mon Schools and the Common School laws, and promoting eduoation 
 generally, as he shall deem useful and expedient. 
 
 TENTHLY. — CONSTITUTION AND DDTIES OF TIIK COUNCIL OF PUBUC 
 
 INSTRUCTION. 
 
 XXXVI. And be it enacted, That the Governor shall hava authority 
 to appoint not more than nine persons (of whom the Chief Suparintea- 
 dent of Schools shall be one) to be a Council of Public Instruction £01° 
 Upper Canada, who shall hold their office during pleasure, and shall be 
 sut^ect from time to time to all lawful orders and directions in the exer- 
 cise of their duties, Avhich shall from time to time be issued by the 
 Governor. 
 
 XXXVII. And be it enacted, That the Chief Superintendent of Schools 
 shall provide a place for the meetings of the Council of Public Instruc- 
 tion, and shall call the first meeting of the Council, and shall have autho- 
 rity to call a special meeting at anytime by giving due notice to the 
 other members; that the expenses attending the proceedings of the said 
 Council, shall be accounted for by the Chief Superintendent of Schools 
 as part of the continsfent expenses of the Education Office ; that the 
 Senior Clerk in the Education Office shall be Recording Clerk to the 
 said Council, — shall enter all its proceedings in a book kept for that pur- 
 pose, — shall, as may be directed, procure the books and stationery for 
 the Normal and Model Schools, and shall keep all the accounts of the 
 said Council. 
 
 XXXVIII. And he it enacled, That it shall be duty of the said Coun- 
 cil of Public Instruction, (three members of which, at any lawful 
 meeting, shall form a (|uov«ni for the transaction of business)— 
 
 First. — To appoint a Chairman, and establish ihe times of its meet- 
 ings, anil the mode of its proceedings ; which Chairman shall bs 
 entitled to a second or casting vote in cases of tin equality of votes on 
 any question. 
 
 Secondly.— To adopt all needful measures for the permanent establish* 
 ment and efliciency of the Normal School for Upper Canada, containin{; 
 one or more Model Schools for the instruction and training of Teachers 
 of Common Schools in the science of Eilucation and Art of Teaching. 
 
 ThirMy. — To make from time to time the rules and regulations 
 necessary for the management and government of such Normal School, 
 — to prescribe the t«}Tms and conditions on which students shall be 
 received and instructed therein, — to select the location of such school, 
 and erect or procure and furnish the buildings therefor, — to determine 
 the number and compensation of teachers, and all others who may ho 
 employed therein ; and to do all lawful things which such Council 
 shall deem expedient to promote the objects and interests of such 
 school. 
 
 Four/Wi/.— To make such regulations from time to time as it shall deem 
 expedient for the organization, government and discipline of Common 
 Schools, — the classification of Schools and Teachers, and for School 
 Libraries throughout Upper Canada. 
 
 Fifthly. — To examine, and at its discretion^ recommend or disapprove 
 of text-books for the use of .schools, or books for School Libraries: Pro- 
 vided always, that no portion of the Legislative School Grant shall be 
 applied in aid of any school in which any book is used that has been 
 disapproved of by the Council, and public notice given of such dia- 
 approval. 
 
 Sixthly. — To transmit annually, through the Chief Superintendent of 
 Schools, to the Governor, to be laid before the Legislature, a true account 
 
ing the CQai<* 
 ng eduoation 
 
 OF PUBUC 
 
 1V0 authwUy 
 r Superintea- 
 istruction for 
 and shall be 
 i in the exer- 
 isued by the 
 
 L>nt of Schools 
 ibiu: Instruo- 
 11 have autho- 
 lotico to the 
 ^s of ihe said 
 It of Schools 
 oe ; that the 
 Clerk to the 
 : for that pur- 
 tationery for 
 ounts of the 
 
 e said Coun- 
 any lawful 
 0- 
 
 of its meet* 
 ati shall h» 
 of votes on 
 
 nt establish* 
 I, containing 
 of Teachers 
 reaching. 
 
 regulations 
 mal School, 
 its shall be 
 uch school, 
 ) determine 
 pho may be 
 oh Council 
 !sts of such 
 
 t shall deem 
 
 of Common 
 
 for School 
 
 ' disapprove 
 aries: Pro- 
 .nt shall be 
 It has been 
 f such dig- 
 
 titendent of 
 rue accQUQt 
 
 MISCELLANEOUS PROVISIONS. 
 
 209 
 
 Rr.niit far t>ie 
 Noriiiali 8cliuol. 
 
 'ommon kIiooI 
 coiisti- 
 
 Coiwlilioiis of 
 n|i|>ur(iuUiu(Mit. 
 
 of the receipt and expenditure of all moneys granted for the establish- 
 ment and support of the Normal School. 
 
 KtEVENTIlLY. — MISCELLANEOUS PROTISIONS. 
 
 XXXIX. And be it enacted, That a sum not exceeding Fifteen 
 Hundred Pounds per annum shall be allowed out of the Legislative 
 School Grant for the salaries of oliicers and other cofflitingent expenses of 
 the Normal School ; and that a sum not exceeding one thousand pounds 
 per annum be allowed out of the said grant to faciliLtate the attendance And to fiieiiiiaie 
 of Teachers in training at the Normal School, under such regulations iiicnncridiiiiceof 
 as shall from time to time be adopted by bLiie Council of Public '^'-■"'^''^"*'' 
 Instruction. 
 
 XL. And be it enacted, That the sum of money apportioned annually Comir 
 by the Chief Superintendent of Schools to each Co«in.ty, Township, City, [[|''l|f 
 Town or Village, and at least an equal sum raiised annually by local 
 assessment, shall constitute the Common School Fundi of such County, 
 Township, City, Town or Village, and slwill b© expemled for no other 
 pnrpose than tliat of paying the gulaiies of qualiifiit'd Teachers of Com- 
 mon Schools : Provided always that no County, City, Town or Village 
 shall be entitled to a share of tihe Legislative Sehool Grant without 
 raiding by assessment a sum at least e(ij|Ual ^clear of all charges for 
 collection) to llie share of the SJiid School Gianl: apportioned to it ; and 
 provideil also, that should the Municipal Coiipotalion of any County, 
 Chy, Town or Village, raise iiwaiiy one year a less sum than that 
 apportioned lo it out of the Legislative School Ciiiawt, the Chief Super- 
 intendent of Schools shall dedufS a swiaa. eqjual to the deficiency, irom 
 the apporlionment to suich Coiunty, City, Trnxa ob Village in the 
 following year. 
 
 XLI. And be it enacted, That iit may and sliall be lawful for the 
 GoTerniw in Council, toiauthoriae the expenditimre annually, out of the 
 share o.f the Legislative School Grant coming to Upper Canada, of a &.'c7. 
 sam not exceeding thiiee tihousand pouoads, for the establishment and 
 support of School Libnanies, un<ifeit such Eegulatioris as are provided for 
 by this Act ; of a sum not exceeding uventy-Eve poi«,nd» in any County 
 or Hiding for the encxiiniragemcnt of ai Teachen's Institute, under the 
 regulations hereinbefore proTidsxl ;; arniKil! <s£ a sum not exceeding two 
 hundred pounds in amy one yeaB to. p^oeu re plans and' publications for 
 the improvement of School Ardini^Secture anioli practical Science in con- 
 nexion with the Common Schools: Provided always, that the amount rrovisa: the ^ 
 heretofore apportioned in aid of (roMimon schools to the several Counties, "ore'^apporUoneri 
 Cities, Towns and Villages in Upper Canada, stualli not be lessened by inaidotconimoii 
 the appropriation of such sums,, but they shall be taken out of any ^^sl-^ied."'*' '° 
 addhional amount awarded lo Upper Canada, out of tlie said Grant, in 
 consideration of the increaise of its population in proportiion to that of the 
 \^iole Province. 
 
 XLII. And be it enactetIV Tlhat the sum of money annually appor- 
 tioned in aid of Common Schools in the several (Aunties, Cities, Towns 
 and Vi 1 1 acres in Upper Canaiolla, slhiall l)e payable on or before the first 
 day of July, in each year, toDhe Treasurer of each County, City, Town 
 and Village, in such way as Ch© Governor in Council shall from time to 
 time direct. 
 
 XLIII. And be it enacted, TlTiat if any part of the Canaraon Sehool Protectloo of itie 
 
 Fund shall be einbe//led or lost tbronah the dishonesty or faithlessness ?°"V"°" . ^'',°°' 
 
 r . . 1 •. 1 11 1 1 ' ..11 •. fund ogaiiiitlom .. 
 
 of any party lo whom it shall have been entrusted, and proper security 
 
 auaiiist such loss shall not have bee-n taken, the person m persons whose 
 
 duty it was to have exacted such security, shall be responsible for the 
 
 sum or sums thus embezzled or lost!,, amd the same may be recovered 
 
 frdtn them by Civil Suit in any Court of I>a\v having jurisdiction to the 
 
 Certain s»m» W' 
 lie ex|H'n(l«d for 
 sclioot librunita. 
 
 Moneys appor- 
 tioned when to 
 be payaitlii. 
 
 II 
 
210 
 
 COMMON SCHOOLS. 
 
 % 
 
 :| 
 
 if 
 
 ■ 
 
 t: 
 
 Crrtitlcaicii of 
 qiialiricalioii lor 
 (;. ('. niBy Iju 
 (jraiitt'il 10 
 'I't'doiifru iiiiilcr 
 ccriMiii circuiu- 
 
 KtilllCC'D. 
 
 Proviso. 
 
 Pro»iso : Pro- 
 ceeitiii^ii if any 
 Sccretary-Trt'ii- 
 siirer dlinll 
 wrongriilly liolJ 
 over money, 
 eliattels, &c. 
 
 rrovifo. 
 
 ?alariM0<8«per» 
 iiiteiidenu, Sic., 
 tiut* paid. 
 
 PimiihaiMit of 
 
 (K'rmn* itiMurh- 
 
 amount claimeil, by the party or parties entitled to receive such sum or 
 sums, or at the suit of the Crown. 
 
 XL[V. And bo it enacted, That it may and shall be lawful for the 
 Chief Superintendent of Schools, on the recommendation of the Teachers 
 in the Mormal School, to give to any Teacher of Common Schools a 
 certilicute of qualilication which shall he valid in any part of Upper 
 Canada, until revoked according to Law ; Provided always, ihat no 
 puch certificate shall he given to any person who shall not have been a 
 student in the Normal School ; Provided always, that if any Secretary- 
 Treasurer appointed by the School Trustees of any school division, or 
 any person having been such Secretary-Treasurer, and having in his 
 possession any books, papers, chattels, 6v moneys, which shall have 
 come into liis pos.session, as such Secretary-Treasurer, shall wrongfully 
 withhold or refuse to deliver up, or to account for and pay over the same 
 or any part thereof to such person, and in such manner as he may have 
 been lawfully directed by any majority of the School Trustees for such 
 School division then in office, such withholding or refusal shall be a 
 misdemeanor ; and upon the application of the majority of such Trus- 
 tees, supported by affidavit of such wrongful withholding or refusal 
 made by them before some Justice of the Peace, to the Judge of the 
 County Court, such Judge shall thereupon make an order that such 
 Secretary-Treasurer or person having been such, do appear before such 
 Judge at a time and place to be appointed in such order, which shall^ 
 by a Bailiff' of any Division Court, be personally served on the party 
 complained against, or left with a grown-up person at his residence, 
 aiid at the time and place so appointed, the Judge being satisfied that 
 such service has been made, shall, in a summary manner, and whether 
 the party complained of do or do not appear, hear the complaint ; and if he 
 shall be of opinion that the complaint is well founded, he shall order the 
 party complained of to deliver up, account for and pay over the books, 
 papers, chattels or moneys as aforesaid by a certain day to be na^ied 
 by the Judge in such order, together with reasonable costs incurred in 
 making such application, as the Juilge may tax, and in the event of a 
 non-compliance with the terms specified in the said order or any or 
 either of them, then to order the said party to be forthwith arrested by 
 the Sheriff of any County in which such party shall be found, and be by 
 him committed to the Common Gaol of his County, there to remain 
 without bail or mainprise until such Judge shall be satisfied that such 
 party has delivered up, accounted for or paid over the books, papers, 
 chattels or moneys in question in the manner directed by the majority 
 of the Trustees as aforesaid, upon proof of his having done which, such 
 Judge shall make an order for his discharge, and he shall be discharged 
 accordingly ; Provided always, that no proceeding under this proviso 
 shiU be construed to impair or affect any other remedy which the said 
 Trustees may have against such Secretary-Treasurer, or person having 
 been such, or his sureties. 
 
 XLV. And be it enacted, That no part of the salaries pf the Chief or 
 Local Superintendent of Schools, nor of any other persons employed, or 
 expenses incurred, in the execution of this Act, shall be paid out of the 
 Common School Fund, which shall, •yvholly and without diminution', be 
 expended in the paymentof Teachers' salaries as hereinbefore provided. 
 
 XLVI. And he it enacted, Th«^t any person who shall wilfully dis- 
 turb, interrupt, or disquiet t^ie proceedings pf any school meeting 
 authorized to be held by this Act, or any schopl established and con- 
 ducted under its authority, Bhall, for eaoh pffenqe, forfeit, for Common 
 School purposes, to the School Section, Cjty, Town or Village, within 
 the limits of which such offence shall hayp been committed, a sum not 
 exceeding five pounds, and may bp prosecuted before any JuKtioe of 
 
such sum or 
 
 iwful for the 
 ihe Teachers 
 311 iSoliools a 
 irt of Upper 
 iiys, lliat no 
 have been a 
 y Secretary- 
 division, or 
 iviiiiT in iiis 
 shall have 
 1 wrongfully 
 /er the same 
 e may have 
 ees for such 
 shall be a 
 such Trus- 
 T or refusal 
 fudge of the 
 tr that such 
 before such 
 t^hich shall) 
 )n the party 
 I residence, 
 atisfied that 
 ind whether 
 It; and if he 
 Eill order the 
 • the books, 
 ) be nailed 
 incurred ia 
 i event of a 
 r or any or 
 arrested by 
 , and be by 
 5 to remain 
 1 that such 
 )ks, papers, 
 he majority 
 vhich, such 
 discharged 
 his proviso 
 ch the said 
 rson having 
 
 he Chief or 
 nployed, or 
 I out of the 
 linution', be 
 e provided, 
 'ilfully dis- 
 d1 meeting 
 d and con- 
 r Common 
 ige, within 
 , a sum not 
 Juktioe of 
 
 'IVnipornry pro- 
 visioiii for hoU* 
 iiig the firet 
 electic .8 ill 
 Cities and 
 Tow III. 
 
 LEGISLATP E GRANT. Ill 
 
 the Peace, by any person whatever, and convicted on the oath of one 
 credible witness other than the prosecutor, and if convicted, the said 
 penalty shall, if not forthwith paid, be levied with costs by distress and 
 sale of the goods and chattels of the offender, under a Warrant of such 
 Justice, and paid over by him to the Setiool-Treasurer of such Section, 
 City, Town or Village ; or the saidotfender shall be liable to be indicted 
 aud punished for the same as a misdemeanor. 
 
 XLVII. And be it enacted, That the first election of Trustees in all 
 the Cities and Towns of Upper Canada, as provided for in the twenty- 
 second section of this Act, shall commence at ten of the clock in the 
 forenoon of the first Tuesday in September, one thousand eight hundred 
 and fifty, and that the places of election in the several Wards of each 
 City or Town, together with the name of the Returning Ofiicer for each 
 such Ward, shall be duly notified, by causing notices to be put up in 
 at least three public places in each such Ward, and not less than six 
 days before such election, by the Mayor of each City and Town respec- 
 tively : Provided always, thai the Scho(< ''Vustees then elected in each 
 City and Town, shall be subject to nil tli obligations which have been 
 eontracted by the present School 1 , usiees of such City or Town ; and 
 shall be invested with all the powers conferred by this Act on School 
 Trustees of Cities and Towns for the fulfilment of such obligations, and 
 for the performance of all other duties imposed by this Act; and the 
 word ♦' County" shall include Unions of Counties for Municipal 
 purposes. 
 
 XLVIIl. And be it enacted, That the Interpretation Act shall apply TnierpwiMios 
 to thi« Act ; that the wortl " Teacher," shall include female as well as ciauw. 
 male teachers ; that the word " Townships" shall include Unions of 
 Tovncbips made for Municipal purposes. 
 
 ACT 12 VIC. CAP. 200. 
 
 An Act to raise an Income of One Hundred JTiousand Pounds out of the 
 Public Lands of Canada, for Common School Education. 
 
 [Royal Assent promulgated by Message to the 
 Legislature, 27th May, 1850.] 
 
 WHEREAS it is desirable that an annual sum of one hundred 
 thousand pounds should be raised from the Public Lands of this 
 Province, for the maintenance and support of Common Schools theiein, 
 and that so much of the first moneys to be raised by the sale of such 
 Lands as shall be suflicient to create a Capital which shall produce the 
 said annual sum of one hundred thousand pounds at the rate of six per 
 o«nt. per annum, should be set apart for that purpose : Be it therefore 
 enacted by the Queen's Most Excellent Majesty, by and with the ad- 
 vice and consent, &e., That all moneys that shall arise from the sale of 
 any of the Public Lands of the Province, shall be set apart for the pur- 
 pose of creating a capital which shall bo sufficient to produce a clear 
 sam of one hundre<l thousand pounds per annum, which said Capital 
 and the Income to be derived therefrom shall form a public fund to be 
 «»Ued the Common School Fund. 
 
 IL And be it enacted. That the Capital of the said Fund shall from 
 linw to time be invested in the Debentures of any Public Company or 
 Compnnie* in the Province, which may; have been incorporateil by an 
 Act of the Legislature, for the construction of Works of a public nature, 
 ami which said Company or Companies shall have subscribed their 
 
 Pieamlfe. 
 
 Allmonry* 
 
 
 
 iiriniiii! ffom tile 
 
 
 , 
 
 Sale ofniiy 
 
 
 
 I'liLlic I^ndd 
 
 • 
 
 
 n|)|iroprmtetl to 
 
 
 
 lnrm a Setiool 
 
 
 
 Kiind, until tbey 
 
 i 
 
 
 aiiiouiti to a 
 
 
 i. 
 
 coiuiii num. 
 
 i 
 
 
 
 1 
 
 Honr unrh luo- 
 
 ■ 
 
 1 
 
 ncys uruiU l« 
 
 
 i 
 
 ill Tested. 
 
 ■ 
 
 
 .■lofkof P«»;»e 
 
 i 
 
 
 OouHi.'tiiiM. 
 
 1 
 
212 
 
 I'rovlneia' 
 Detciuuiv*. 
 
 To what puT- 
 |io«;» ciiily< sucli 
 iiioiieyi «liaU l>e 
 
 One MUlion of 
 Acre* to he set 
 niinrifortlieimr- 
 |iowx of forming 
 ilic laid Fund. 
 
 TroviM: certain 
 clmrgM tol«tir»t 
 
 I'rcBent Aiinunl 
 Cram for fctioola 
 W cease when the 
 iinid Kiiiid )<l>all 
 |.TOiiiice XoO.UUO 
 » )Vnr. 
 
 rrovi*o. 
 
 Ill the eiicantiine 
 tlieinconieof ttic 
 sMd l-'und to le 
 n{<iiliKd towards 
 (inviiig the said 
 Annual Grant. 
 
 Proviso : if the 
 »aid Fund pro- 
 duce len than 
 i.'3U,0(IO in any 
 yenT, the deffi- 
 cicncy iliall t'C 
 ina<le up, pro 
 tempore. 
 
 GRAMMAR SCHOOLS. 
 
 whole Capital Stock, paid up one half of such Stock and completed one 
 half of such Work or Works, or in the Public Debentures ol this Pro- 
 vince, for the purpose of creating such Annual Income; which said 
 Fund and the Income thereof shall not be alienated for any other pur- 
 pose whatever, but shall be and remain a perpetual Fund for the sup- 
 port of Common Schools, and the establishment of Township and Parish 
 Libraries. 
 
 III. And be it enacted, That the Commissionef of Crown Land 
 under the direction of the Governor in Council, shall set apart and 
 appropriate one million of Acres of such Public Lands, in such part or 
 parts of the Province as he may deem expedient, and dispose thereof 
 on such terms and conditions as may by the Governor in Council be 
 approved, and the money arising from the sale thereof shall be invested 
 and applied towards creating the said Common School Fund: Provided 
 always, that before any appropriation of the moneys arising from the 
 sale of .such Lands shall be made, all charges thereon for the manage- 
 ment or sale thereof, together with all Indian annuities charged upon 
 and payable thereout, shall be first paid and satisfied. 
 
 IV. And be it enacted, That so soon as a net Annual Income of fifty 
 thousand pounds shall be realized from the said School Fund, the Public 
 grant of money paid out of the Provincial Revenue for Common Schools, 
 shall for ever cease to be made a charge on sach revenue; Provided 
 always nevertheless, that in the mean time the interest arising from the 
 said School Fund so to be created as aforesaid, shall be annually paid 
 over to the Receiver General, and applied towards the payment of the 
 yearly grant of fifty thousand ptmnds now appropriated for the support 
 of the Common Schools : Pioviiled further, thai after the said annual 
 sum of fifty thousand poniids shall have been taken ofl the Consolidated 
 Revenue, if the income arising from the said School Fund shall from 
 any cause whatever fall short of the annual s^iim of fifty thousand 
 pound*, then it shall and may be lawful for the Receiver General of the 
 Province, to pay out of the said Consolidated Revenue, such sum or sums 
 of money as may from time to time be required to make up such defi- 
 ciency, the same to be repaid so soon as the said Income of the said 
 School Fund shall exceed the .said sum of fifty thousand pounds. 
 
 th 
 at 
 ea 
 of 
 in 
 
 sc 
 of 
 
 Di 
 
 GRAMMA RSCHOOLS 
 
 ACT 47, GEO. 3, CAP. 6. 
 
 rmmbte. 
 
 (HeclSGeo.IIt., 
 Ch. I«; 59 Geo. 
 Ill, Sees. 2, Ch. 
 4 i & Vic. ch. Ill) 
 
 Tliciumofclplit 
 liundred poundis 
 to tic anniinlly 
 p;iid for the 
 cstaliliahinent of 
 public 8Chool!<< 
 
 An Ad to establish PuUk ScfcooJs in each and every District of this Province. 
 
 [Passed lOtli March, 1807.] 
 Most Gkacious Sovereign: 
 
 WHEREAS it is considered expedient that some means be devised 
 for the education of youth— May it therefore please your Majes- 
 ty, that it be enacted ; Am ii is htrebij enacted by the King's most 
 Excellent 3Iajesty, by aihl with the advice and consent &c.. That for 
 the estaLilishment of Public Schools in this Province, the .«Hm of eight 
 hundred pounds shall be annually paid, in manner herein after men- 
 tioned, out of any monies which are now raised or levied, or which 
 hereafter may be raised ot levied, by authoiity of Parliament, to or for 
 the us^es of this Province. 
 
 II. And he it further enacted by the authorit y aforesaid, That there shall 
 be one Public School in each and every District of this Province ; and 
 
GRAMMAR SCHOOLS. 
 
 213 
 
 plelcci one 
 1 this Pro- 
 vhich fsuid 
 other pur- 
 )r the 6up- 
 aiid Parish 
 
 own Land 
 apart and 
 ch part or 
 )se thereof 
 Council he 
 le invested 
 : Provided 
 g from the 
 3 manage- 
 irged upon 
 
 me of Jifty 
 the Public 
 )n Schools, 
 ; Provided 
 ig from the 
 ually paid 
 ent of the 
 he support 
 \\i\ annual 
 )nsolidaled 
 shall from 
 ' thousand 
 leral of the 
 mi or sums 
 such defi- 
 f the said 
 ids. 
 
 s. 
 
 Province. 
 , 1807.] 
 
 le devised 
 ur Majes- 
 i's most 
 That for 
 n of ei'zht 
 fter men- 
 or w'hich 
 , to or for 
 
 here shall 
 nee ; and 
 
 that out of the said sum of eight hundred pounds, annually so appropri- One puhUe 
 
 ated as aforesaid, the annual sum of one hundred pounds shall be paid to ifjgj^j'" "^^J^ 
 
 each and every Teacher, who shall be nominated and appointed to any to be paid 
 
 of the said Public Schools in this Province, for the education of youth, """uniiy to every 
 
 in manner herei!:aiter mentioned. public school. 
 
 III. And be it further enacted by the authority aforesaid, That the public ^^ Jee so fico. in. 
 school for the Western District, shall bo opened and kept in the Town S';"','^*"''' ■*• 
 of Sandwi(!h, and the public school for the District of London, shall be ^^n^pg ,viier the 
 opened and kept in the Township of Townsend, at such place as ;he saidpubiic * 
 Tru.stees, or the majority of them, shall think proper to appoint; and scliooisnrc tolc 
 that the public school for the District of Niagara, shall be opened and rosj'cctive'^ ' 
 kept in the Town of Niagara : and that the public school for the Home District. 
 District, sliall be opened and kept in the Town of York ; and that the (•■f'''|^*^''°- ,"'■ 
 public school for the District of Newcastle, shall be opened and kept in ^ '' ' '''^" ■■* 
 the Township of Hamilton, at such place as the Trustees, or the major- 
 ity of them, sliall think proper to appoint; and that the public school 
 
 for the JMidland District shall be opened and kept in the Town of 
 
 Kingston ; and that the public school lor the District of Johnstown, shall 
 
 be opened and kept in the Township of Augusta, at such place as the £*','!'' 'l?9,f°*A"' 
 
 Trustees, or the majority of them, shall think proper to appoint ; and ''"''*■ ' '" '■' 
 
 that the public school for the Eastern District, shall be opened and kept 
 
 in the Town of Cornwall. 
 
 IV. And be it further enacted by the authority aforesaid, That it shall The Governor, 
 and may be lawful for the Governor, Lieutenant Governor, or person l^if-iacimnt 
 auministeniig the Govenimeiit oi this J'roviuce, to appoint trom time person ndminis- 
 (otime, not less than five lit and discieet persons in each and cveiy tfmisthepo- 
 Districl of this Province, Trustees to the said public schools, which said appoin't'Trubtcrs 
 Trustees or the majority of them, shall have f^iiil power and authority to in every District, 
 nominate a (it and discreet person as Teacher thereof, and to examine TnrtI'c8*''to°'°* 
 into the moral character, learniuix and capacity of such person so nominaie a fit 
 nominated ; and being satisfied with the moial character, learning and {!r'^°,','|"fo''j.p'l^'JJ 
 capacity of such person, it shall and may be lawful for the said Trustees thoi'r noinination 
 or the majority of them, to report such their nomination to the Governor, JP •''" Governor, 
 Lieutenant Governor, or person administering the Government of this oiiiier ndimi'or 
 Province, either to affirm or disafiirm such nomination as aforesaid; reject such 
 Provided alwjys,i[\nt the said Trustees, or the majority of them, shall ""'"i""''"". 
 have full power and authority, in their discretion, to remove such Teacher, Trustees may 
 from his public school, for any misdemeanor or impropriety of conduct ; ^l'"!^^]^,,^'^^^^',,] 
 and that it shall and may be lawfu] for the said Trustees, or the majority nomiiiaieanother 
 of them, in each and every District of this I'lovince, in case of the 
 demise, dismissal or removal of any Teacher of the said public schools, 
 to nominate and appoint, as often as the case may recjuiie, one other fit 
 and discreet person, as a Teacher to the said public school, which 
 Trustees, or tlie majoiity of them, previous to such nomination and 
 appointment as aforesaid, shall examine into the moral character, 
 learning and capacity of such Teacher, and beitiu; satinlied therewith, 
 such appointuient .shall be immediately transtniili-d to the Governor, 
 Lieutenant Governor, or person administering the Government of this 
 Province, either to approve or disapprove of the same. 
 
 V. And he it further enacted by the aiithority aforcsail. That the Trus- 
 tees appointed under and by virtue of this Act, in each and every Dis- 
 trict of this Province, or the majority of them, shall hove full power and iionVri'pecm'g 
 authority to make such rules and regulations for the good government ^"''^ schools 
 and management of the said public schools, with respect to the Teacher, 
 for the time being, and to the Scholars, as in their discretion shall seem 
 meet. 
 
 VI. And be it further enacted by the authority aforesaid, That it shall 
 and may be lawful for the Governor, Lieutenant Governor, or person, 
 
 anil report as 
 aforeeaid. 
 
 (Governor, &c., 
 may eiilier ap- 
 prove or disap- 
 jiroveof Euclilast 
 iiiciitioneit 
 noiuiiiation. 
 
 Trnstpcs author- 
 ised 10 make 
 rules and regulQ" 
 
 ii 
 
214 
 
 Mode of payment 
 o( ihe calarieu of 
 the f aid 
 'I'eachcri. 
 
 (sJeeSOGeo. Ill, 
 Hcaa. S, VU. 4.) 
 
 rofltinuanee of 
 Uiis Act. 
 
 GRAMMAR SCHOOLS. 
 
 administering the Government of this Province, from time to time, to 
 issue his warrant to the Receiver General of this Province, for the pay- 
 ment of such yearly salary or salaries, half yearly, as shall or may irom 
 time to time bedne to any leacher or Teachers appointed under this 
 Act, upon such Tfiacher or Teachers producinir a certificate signed 
 by the Trustees, or the majority of them, of the District in wbich 
 he shall have so taught or educated yoiilh, of his having faithfully 
 demeaned himself in his office as a Teacher as aforesaid, for and during 
 such time as he shall so require payment for his service. 
 
 VII. [Repealed by 48th Geo, III. Chap. 16.] 
 
 ACT 48, GEO. 3, CAP. 16. 
 
 PriMiiit)le. 
 
 Snrh pari of the 
 47tliof Geo. )II. 
 t'li. C, aBr(;t!|)ect8 
 tlio UUtrirt of 
 Lomlun repented. 
 
 Place where tlic 
 tcliuol for that 
 Ui8trict shall lie 
 o|MMiL< 1 and kept. 
 
 Siicli ,iartofilie 
 «aiil 47th of Gt-o. 
 111. as liuiita ita 
 duration 
 repealed. 
 
 An, Act to amend an Act passed in the fortji-srvcnth year of His Majesty's 
 Reign, intiluted, " An Act to establish Public Schools in each and every 
 District of this Province." 
 
 [Passed 16th March, 1808.] 
 
 WHEREAS an Act passed in the forty-seventh year of His Majesty's 
 reign, intituled, "An Act to establish Public Schools iu each 
 and every District of this Province," requires to be amended ; Be it 
 therefore enacted Sfc, That so much of the said Act as enacts, that the 
 Public School for the Dit<trict of London shall be opened and kept in the 
 Township of Townseml, shall be, and the same is hereby repealed. 
 
 II. [Superseded by 7lh Wm. IV. Ch. 106.] 
 
 III. And be it further enacted by the authority aforesaid, That so much 
 of the said Act as limits the duration of it to four years, and from thence 
 to the end of the then next ensuing session of Parlia nent, shall be, and 
 the same is hereby repealed. 
 
 ACT 59, GEO. 3, CAP. 4. 
 
 Preamble. 
 
 47i)iGeo. III. 
 Chap. 6, recited ; 
 
 A Difilrict School 
 cataMiihedintlie 
 I>iatriet of Gore. 
 
 jClOOper annum 
 appropriated to 
 pay the salary 
 of Uie Teacher. 
 
 An Act to repeal part of and to amend the Laws now in force for establish- 
 ing Public Schools in the several Districts of this Province, and to extend 
 the provisions of the same. 
 
 [Passed 12tl! July, 1819.] 
 Most Gracious Sovereign: 
 
 WHEREAS it hath been found expedient to repeal part of and to 
 amend an Act passed in the forty-seventh year of His Majesty's 
 reign, intituled, " An Act to establish Public Schools in each and every 
 District of this Province," and to extend llie provisions of the same ; 
 Jie it therefore enacted by the King's most Excellent Maje.sty, by and 
 with the advice &c.. That provision be made by Law for ilie establish- 
 ing of a Public School in the District of Gore. 
 
 II. And be it further enacted by the authority aforesaid, That from and 
 out of the rates and duties raised, levied and collected, or hereafter to be 
 raised, levied and collected, to and for the public uses of this Province, 
 and unappropriated, there be granted annually to His Majesty, His 
 Heirs and Successors, the sum of one hundred pounds, which sum of 
 one hundred pounds shall be appropriated and applied and disposed of 
 in paying the salary of the Teacher of the said School ; which said sum 
 of one hundred pounds shall be paid by the Receiver General of this 
 Province, in discharge of such warrant or warrants as shall for that 
 purpose be issued by the Governor, Lieutenant-Governor, or Person 
 Administering the Government of this Province, and shall be accounted 
 for to His Majesty, His Heirs and Successors, through the Lords Com- 
 
to time, to 
 for the pay- 
 r may from 
 under this 
 ia\e signed 
 t in wnich 
 r faithfully 
 and during 
 
 is Mamty's 
 h and every 
 
 h, 1808.] 
 8 Majesty's 
 ols iu each 
 ided ; Be it 
 ts, that the 
 kept in the 
 sealed. 
 
 lat 60 much 
 from thence 
 lall be, and 
 
 hr establish- 
 nd to extend 
 
 y, 1819.] 
 
 t of and to 
 s Majesty's 
 L and every 
 the same ; 
 ty, by and 
 establish- 
 
 it from and 
 eafter to be 
 Province, 
 ijesty, His 
 ich sum of 
 lisposed of 
 1 said sum 
 ral of this 
 .11 for that 
 or Person 
 accounted 
 ords Com- 
 
 GRAMMAR SCHOOLS. 
 
 missioners of His Majesty's Treasury, for the time being, in such manner 
 and form as Ilis Majesty, His Heirs and Successors, shall be pleased lo 
 direct. 
 
 in. And be it furth'>r enacted by the authority aforesaid, That it shall 
 and may be lawful to and lor the Governor, Lieutenant-Governor or 
 Person Administering the Government of this Province, to appoint 
 Trustees and a Teacher in the said District of Gore, under the like 
 
 f)rovisions as are contained in the said Act of the forty-seventh year of 
 lis Majesty's reiatn, intituled, " An Act to establish Public Schools in 
 each and every District of this Province." 
 
 IV. And be it further enacted by the authority aforesaid. That the 
 Trustees of each and every District School within this Province, shall 
 direct a public examination of their respective Schools to be held pre- 
 vious to the usual annual vacation, at which they or a majority of them 
 shall assist ; and it is hereby required that such public examination shall 
 be holden every year at the time aforesaid. 
 
 V. And be it further enacted by the authority aforesaid, That the Trus- 
 tees for the respective District Schools, as aforesaid, in each and every 
 District in this Province, shall, and they are hereby required, once in 
 every year, after the public examination as aforesaid, to report lo the 
 Governor, Lieutenant Governor, or Person Administering the Govern- 
 ment of this Province, the state of the said Schools, the number of 
 scholars, the state of education, with the different branches taught in the 
 said School, the number of scholars who have completed their educa- 
 tion, together with all other matters and things that may tend to cherish 
 the prosperity of the said Schools, or that may in any wise benefit the 
 same, that the said report may be laid before the Legislature at its first 
 meeting for their inspection. 
 
 VI. And be it further enacted by the authority aforesaid, That in order 
 to extend the benefit of a liberal education to promising children of the 
 poorer Inhabitants, the Trustees of each and every School have the 
 power of sending scholars, not exceeding ten in number, to be taught 
 gratis at the respective District Schools. 
 
 VII. Provided always, and be it further enacted by the authority afore- 
 said. That the said scholars, so to be taught as aforesaid, shall once in 
 every four years be drawn by lot in manner following, viz. : the Trustees 
 for the Common Schools, now or hereafter to be established by virtue 
 of any Act of the Parliament of this Provinct, shall and they are hereby 
 authorised to return the name or names of one or more, not exceeding 
 four, from each Common School, of tV.e most promising scholars, as 
 aforesaid, of their respective Schools, to the Trustees of the District 
 Schools for the District in which they shall respectively reside, which 
 Trustees shall, and they are hereby required, at a special meeting to be 
 openly held for that purpose, inscribe each and every name so returned 
 to them on a separate and distinct slip of paper, being all as nearly as 
 possible of the same size, which slip of paper shall be put into a box or 
 glass, to be provided for that purpose, and at such meeting as aforesaid, 
 the same shall, in the presence of the said Trustees, be openly drawn by 
 some disinterested person, and each and every scholar so chosen as 
 aforesaid, shall be entitled to receive his education gratuitously at the 
 paid District School, and the Teacher thereof shall and he is hereby 
 required to educate such scholar as aforesaid. 
 
 \"in. And be it further enacted by the authority aforesaid. That in case 
 any vacancy shall ensue in consequence of the refusal or decease, or 
 from any other cause whatever, of any scholar or scholars drafted as 
 aforesaid to be taught in the District School, it shall and may be lawful 
 for the Trustees of the Common School from which such scholar or 
 
 215 
 
 TruftiH.'! to lie 
 n|ipoiiilud. 
 
 Annunl public 
 eiaiiiinatioii lo 
 he held ot every 
 Uiiirict School. 
 
 Annunl re|X>rta 
 10 be made by the 
 'J'rumeep of Din- 
 trici Schools. 10 
 the Tit Governor ; 
 
 To l<c Inid before 
 the lAigislaturc. 
 
 Ten poor chil- 
 dren to be educa- 
 ted at each 
 Hchool, gr.itii. 
 
 How Bueh 
 Hcholars are t) 
 be selected. 
 
 Vacancies Cited 
 nil. 
 
i 
 
 
 
 I 
 
 216 
 
 Tarn of 47rti Geo. 
 
 ni.Chnp.O, 
 
 repealed. 
 
 Where ilie 
 FuUljc SclioolB 
 oh.ill lie kept in 
 the Diitricu of 
 Jolinslowii, Gore 
 nnd I^nJon ; 
 
 (ace 7 Wm. IV, 
 Cliap. lOU.) 
 
 Teachers to be 
 appoimril licre- 
 nricr, Blinll have 
 no more than 
 £50 per nnniun 
 iinlcsa they have 
 more than ten 
 Scholars. 
 
 Form of certifi- 
 coie to lie given 
 bv Trusices i 
 (See « Vic.Chap. 
 lU.) 
 
 rrenmblc. 
 
 ISecSOGeo.Iir. 
 Chap. 4.] 
 
 'J'eiith clniise of 
 A.:to9Geo. III. 
 <ii.i|). 4, repealed 
 no far as relairs 
 taoiieniiig Dis- 
 trict School at 
 Vittoria. 
 
 District School 
 for District of 
 London to he 
 Jieiiceforth held 
 in the Town of 
 Iiondon. 
 
 GRAMMAR SCHOOLS. 
 
 scholars shall have been drafted, to make a second ballot to fill up the 
 vacancy. 
 
 IX. And be it further enacted by the authority aforesaid, That so much 
 of the third clause of the said Act, intiluled, "An Act to establish Pub- 
 lic Schools for each and every District in this Province," as relates to 
 the Public Schools in the District of London and Johnstown, be and the 
 same is hereby repealed. 
 
 X. And be it further enacted by the authority aforesaid, That the Public 
 School for the District of London shall be opened and kept in the town 
 of Vittoria, in the township of Cliarlotlcvillc ; and tlio Public School for 
 the District of Johnstown shall bo opened and kept in the village of 
 Brockville, in the township of Elizabetlitown ; that the Public School for 
 the District of Gore shall be opened and kept at the town of Hamilton, 
 in the District of Gore. 
 
 XI. Provided always, and be it further enacted by the authority aforesaid, 
 That to every Teacher hereafter to be appointed, there shall be only 
 fifty pounds paid, unless the average number of Scholars exceeds ten. 
 
 XIL And be it further enacted by the authority aforesaid. That the 
 certificate required from the Trustees by the twolitli clause of the saiil 
 Act, passed in the forty-seventh year of His Majesty's reij^n, shall declare 
 that, " at a public meeting of the Trustees of the District School, upon 
 due notice given for that purpose, a majority of the Trustees being pre- 
 sent, we certify, &c. &c." 
 
 [See Statutes of Canada, 4 & 5 Victoria, Ch. 19.] 
 
 ACn, WM. 4, CAP. 106. 
 
 An Act to reveal part of an Act passed in the fifty-ninth year of the reign 
 of lii:^ late Majesty King George the Third, intituled, '^ An Act to 
 repeal part of and to amend the laws now in force for establi'shing Pub- 
 lic Scliools in the several Districts of tliis Province," and to establish 
 the Public School for the London District in the Town of London. 
 
 [Passed 4th March, 1837.] 
 
 "YTfTHEREAS the District School of the London District has been 
 ▼ T heretofore kept at Vittoria, and it is expedient that the said School 
 should in futuro be kept in the Town of London, in the District afore- 
 said : Be it therefore enacted by the King's most Excellent ]\Lijesty, by and 
 with the advice and consent, &c.. That somuchof the tenth clause of an 
 Act passed in the fit'iy-ninth year of the reign of His late Majesty King 
 George the Third, intituled, " An Act to repea! part of and to amend tlie 
 laws now in force for establishing Public Schools in the several Districts 
 of this Province, and to extend the provisions of the same," as relates 
 to the opening ami keeping the Public School for the District of London 
 at Vittoria, in the Township of Charlolteville, be and the same is hereby 
 repealed. 
 
 II. And be it further enacted by the authority aforesaid, That from aad 
 after ilie passing of this Act, the Public School for the District of Lon- 
 don shall be opened and kept in the Town of London, in the Township 
 of London, in the said London District. 
 
GRAMMAR SCHOOLS. 
 
 217 
 
 fill up the 
 
 I so much 
 blish Pub- 
 
 rylates lo 
 )e and the 
 
 the Public 
 n the lotcn 
 School for 
 village of 
 School for 
 Hamilton, 
 
 / aforesaid, 
 
 II be only 
 seds ten. 
 
 That the 
 " the saiil 
 all declare 
 hool, upon 
 aeing pre- 
 
 the reign 
 in Act to 
 ihing Pub- 
 establish 
 idon. 
 
 , 1837.] 
 
 has been 
 lid School 
 rict afore- 
 ly, by and 
 luse of an 
 esty King 
 imend tlve 
 Districts 
 IS relates 
 )f London 
 is hereby 
 
 from aad 
 t of Lon- 
 Township 
 
 ACT 4!,' 5 VIC. CAP. 19. 
 
 An Act to make temporary provision for the appropriation of the funds 
 derived from the sale of S'- i Lands in that part of the Province 
 formerly Upper Canada, and for other purposes. 
 
 [Passed 18th September, 1841.] 
 
 WHEREAS it is very desirable to afford every encouragement to 
 the advancement of Education throughout the Province : And 
 whereas His late Most Gracious Majesty, King George the Third, was 
 pleased to direct that a quantity of the waste Lauds of the Crown should 
 be set apart for the support of Grammar Schools within that part of the 
 Province heretofore culleil Upper Canada: And whereas the advance- 
 ment of Education will bo promoted by devuting a portion of the annual 
 revenues of suuh waste Lands to ihe support of such Grammar Schools : 
 And whereas it is expedient to repeal an Act of the Parliament of the 
 late Province of Upper Canada hereinafter mentioned : Be it therefore 
 enacted by the Queen's Most Excellent Majesty, by and whh the 
 advice and consent, kc, That the several District Schools within that 
 portion of the Province heretofore called Upper Canada, shall be and 
 are hereby declared lo bo Grammar Schools, as contemplated by His 
 late Most Gracious Majesty, King George the Third, at the time the said 
 reservation of Land was directed to bo made as aforesaid. 
 
 II. And be it enacted, Tiiat the money arising from the sales of the 
 School Lands, now remaining in the lieceiver General's hands, unex- 
 pended, or which may come into his hands, applicable to the purposes 
 of this Act, shall be invested in the Debentures of that part of this Pro- 
 vince heretofore Upper Canada, at six per cent, interest, and the annual 
 interests or rents thereof, placed under the controul of the Governor, or 
 Person administering the (Jovernmentof the Province for the time being, 
 lo be dislributeil by and with the advice and consent of the Executive 
 Council of the saiil Province, among such Districts whhin that part of 
 the Province formerly called Upper Canada, as may more immediately 
 require a'isistance, owing to the state of the School House or other cir- 
 cumstances. 
 
 in. And be it enacted, That within three months after the passing of 
 this Act the Council of King's College, or their Bursar or Treasurer shall 
 transfer and pay over to the Receiver General, as aforesaid, all Deben- 
 tures unredeemed, and sums of money arising from unexpended arrears 
 of interest, which may liave accrued ihcreon and be at present held 
 under the authority of the Act hereby repealed, by the said Council 
 or Treasurer, on account of tlie proceeds of the sale of School Lands as 
 aforesaid, to be by the said Receiver General invested in debentures, 
 and the interest and rents thereof, appropriated and distributed as here- 
 inbefore mentioned. 
 
 IV. And be it enacted, That a sum not exceeding one hundred pounds 
 per annum, may be advanced to each of the several Boards of Trustees 
 for the said Grammar Schools, from time to time, out of any monies in 
 the hands of the Receiver Generai, arising from the sale of the said 
 School Lands, and applicable to the purposes of this Act, to be expended 
 in providing an additional Master and other additional rneans of instruc- 
 tion for the Grammar Schools in the Districts respectively, within that 
 part of the Province formerly called Upper Canada. 
 
 V. And be it enacted. That it shall and maybe lawful for the Board of 
 Trustees in any District now constituted or hereafter to be conslituted in 
 
 Freamtle. 
 
 Didtrict Schooli 
 to be ronsiUi'red 
 (irainiiinr Sclicl 
 for certain pur- 
 poses. 
 
 Monies arising 
 from the snie of 
 School lands to 
 lie iiiveijteil In 
 Debentures ;in(l 
 the proceeilB die- 
 trlbutcd among 
 the Bevernl Dis- 
 tricts. 
 
 King's College to 
 trnnslcr and p.iy 
 over nil monieH 
 anil Debentures 
 totheReceivtr 
 General. 
 
 XlOO per nnnuni 
 may be advanced 
 to the Trustees 
 for an additional 
 Master, &e. 
 
218 
 
 GRAMMAR SCnOOLS. 
 
 X'300 niny W 
 Krniiti'il ii> i-nrh 
 UUirtci for ibc 
 erection of it 
 tJcliool lie c. 
 
 Governor may 
 aJvnncc XKMI p. 
 aiinuni to two 
 additionni 
 tichools in a Dig- 
 trlct, anil may 
 extend that aid to 
 four GrainmHr 
 8elKX>l8. 
 
 Account* to be 
 randered. 
 
 Act of U. C. 2 
 Vice. 10, 
 repealed. 
 
 Froviio. 
 
 that part of iho Province formerly culled Upper Canaila, out of any 
 monies in the hamls of the Receiver General, applicable to the pur- 
 poses of this Act, as aforesaiii, to receive a sum not exceeding (wo 
 iuindred pound?, to aid in the construction and erection of a suitable 
 building for a School House in each District, provided an equal sum shall 
 be raised by subscription amon^ the Inhabitants for the like object, and 
 provided they shall guarantee the permanent insurance of the building. 
 
 Vf. And be it enacted, That it shall and may bo lawful for the 
 Governor, Lieutenant Governor or Peifon administei ing the Government 
 for the time being, by and with the advice and consent of the Executive 
 Council as aforesaid, to authorize a sum not exceeding one hundred 
 pounds, per annum, out of the monies arising from the sale of the said 
 Lands for each School, to be paiil to any Board of Trustees, for the uso 
 and support of two other Schools than the one in the Town where tho 
 Court House is situated, in any Town, Township or Village within any 
 of the Districts aforesaid, in which the Inhabitants shall provide a 
 suitable School House, at which not less than fifty scholars shall bo 
 educated : Provided any such additional School shall not bo within six 
 miles of the District Town : And provided always, that nothing herein 
 contained shall prevent the Governor, Lieutenant Governor, or Person 
 administering the Government of the Province for the time being, by 
 and with the advice and consent of the Executive Council thereof, from 
 extending the aid to four Grammar Schools (including the said two) 
 other than the one established in the District Town, should it be 
 deemed expedient. 
 
 VII. And be it enacted. That an account in detail of the sums 
 received and expended under the provisions of this Act, shall Lj ren- 
 dered to the Governor, Lieutenant-Governor, or Person administering the 
 Government of this Province, annually, in order that the same may be 
 laid before the Legislature, within thirty days after the commencement 
 of each Session. 
 
 VIIL And be it enacted, That the Act of the Legislature of the late 
 Province of Upper Canada, passed in the second year of Her Majesty's 
 Reign, intituled ^n .<4c^ to provide for the advancement of Education in this 
 Province, shall be and the same is hereby repealed : Provided always, 
 that such repeal shall not annul or be construed to annul any order, 
 engagement or act, for the distribution of the interest upon the Deben- 
 tures, by the Council of King's College, made and carried into effect 
 previous to the passing of this Act : And provided also, that the manage- 
 ment and sale of the said School Lands shall continue to be conducted 
 by the said Council of King's College, until further provision shall be 
 made in that behalf at any future Session of the Legislature. 
 
 ACT 9 VIC. CAP. 17. 
 
 An Act to provide for vesting in Trustees the Sites of Schools in that part 
 of this Province caUid Upper Canada. 
 
 [Passed 18th May, 1846.] 
 
 Preamble. "ITTTHEREAS difficulties have been experienced by persons interested 
 
 T T in Schools in that pait of this Province called Upper Canada, in 
 securing the titles to real property, for the use of such Schools, for want 
 of a corporate capacity to take and hold the same in perpetual 
 succession ; and whereas it is expedient and proper to provide relief in 
 such cases: fie it therefore enacted &c., That it shall and niay be law- 
 ful for any number of persons, residing in that part of this Province 
 
QllAMMAR SCHOOLS. 
 
 calleil Upper Canada, who may bo iiitiMosloil in any School cMahlishod 
 or to be established in any Town or Township therein, whether us 
 Parents of Children frequentiiis^ simh Schools, or as contribntors to the 
 same, or both, when, and as often as they may have occasion or bo 
 desirous to take a conveyance of reiil properly for the use of such Schools, 
 to elect from among themselves, niul to appoint any number of Trustees, 
 not exceeeing seven nor less than five, to whom and to whoso succes- 
 sors, to be appointed in such manner as shall be specified in the Deed 
 of Conveyance, the real property requisite for such School may be con- 
 veyeil; and such Trustees, and their succnssorsin perpetual succession, 
 by the name expressed in such Deed, shall be capable of taking, hold- 
 ing, and possessing such real property, and of commencing and main- 
 taining any action or actions at law or in eiiuily for the protection thereof, 
 and of their right thereto : Provided always, that there shall not be held 
 in trust as aforesaid more than ten acres of land at any one time for any 
 one School: Provided also, that nothing in this Act contained shall be 
 construed to extend to common Schools. 
 
 II. And be it enacted, That such Trustees shall, within twelve 
 calendar months after the execution of such Deed, cause the same to 
 be registered in the Office of the Register of the County in which the 
 land lies. 
 
 219 
 
 Pcrwtii Inierrti- 
 eil In ai>y Hchool 
 ill l'|))>rr (.'nnitJa 
 inny imnm 
 'rruilcoH 10 tnkt 
 roiivoyiiiicu of 
 ^^itl.•. 
 
 Hiich TruRlcei to 
 have ccrtnlti eor- 
 purntc [lower, 
 
 rrovlio. 
 
 Deed to lie regif 
 tered. 
 
 ACT 9 r/C. CAP. 19. 
 
 An Act to amend the Ad therein mentioned, relating to the appropriation 
 of Monies derived from the sale of School Lands in Upper Canada. 
 
 w 
 
 [Passed 18th May, 1846.] 
 
 HERE AS by the sixth section of the Act passed in the Session prenmiiic. 
 held in the fourth and fifth years of Her Majesty's Reign, and 
 
 intituled, An Art to make temporary provision for the appropriation of the 
 funds derived from the sale of School Lands in that part of the Province 
 formerly Upper Canada, and for other purposes, it is, among other things, 
 enacted, That, out of the monies arising from the sale of School Lands, 
 a certain annual allowance may be made for the support of certain 
 Schools therein mentioned, at which not less than fifty scholars shall bo 
 educated : And whereas it is expedient to make a smaller number of 
 pcholars sufHcient to enable such Schools to receive the said allowance: 
 Be it therefore enacted &c.. That, subject to the other provisions and 
 requirements of the said Act, it shall be lawful for the Governor, Lieut- 
 enant-Governor, or person administering the Government of this Pro- 
 vince for the lime being, by an<l wiih the advice and consent of the 
 Executive Council thereof, to authoiize the paymentof the annual allow- 
 ance in the said section of the said Act mentioned, to any Board of 
 Trustees, for the use and support of two other Schools than the one in 
 the Town where the Court-house is situate, in any Town, Township or 
 Village within any District in that part of this Province which formerly 
 constituted the Province of Upper Canada, in which the inhabitants 
 shall provide a suitable School House, at which not less than thirty 
 scholars shall be educated; any thing in the said section requiring that 
 a greater number than thirty be so educated, to the contrary notwith- 
 standing. 
 
 Sixth Seciioii of 
 
 I'rov. Hiiit.4«c .% 
 
 Vict. c. 19, ciicd. 
 
 Thirty seliolnri 
 Misjtcnd ot'flriy to 
 l?. sutticient to 
 warrant the pay- 
 ment of the 
 nikwnnce men- 
 tioned ill Raid 
 section o( sniU 
 Act. 
 
220 
 
 GRAMMAR SCHOOLS. 
 
 ACT 13 if H VIC. CAP. 91. 
 
 ^*^-^A^^.» 
 
 i'reainblo. 
 4JiSViei. e. 
 • Vict. c. 10. 
 
 Caie recKud. 
 
 10 
 
 ftoveriioriii 
 Council iii^iy 
 authorize pnv- 
 mentori.'-J'Jj. 
 
 An Ad to provide for Ihr junjmcnt nf the sum of monrij tlurfin mcnlioufd, 
 
 for the use and support of three oddiliomd (Irammnr Srhooh in thu 
 
 County of York, for the year one thousmid eight hundnd and forlij- 
 
 [Pas.soil lOth of AiifruKl, 1n50 ] 
 
 WIIKHF.AS in ami by an Act pa««tnl in tin* Sussioii hold in ilitr 
 fomlli and filth yciiis of Ifor Majesty's Rei;.ni, and itililnlcil, ,ln 
 Act to make temporary provision for the appxipriution ofthefiuuh derived 
 •Jroin the sale of School Lands, in that part of thn Province formerly i'ppcr 
 Canada, and for olhrr purposes, as ainondod by an Act pinsed in tlui 
 ninth year of Ilor Mnjusly's Hei;;n, and intitidiul, An Art lo amend the 
 Act then in menlvmcd, relaiinif to the appropriation of Moneys thrived f rum 
 the Side uf School Lands in Upper Canada, it was, ainonj^st (illior tilings, 
 in et/uct enaclud, 'I'hiil it shonid bo lawful for tlio d'o-oinor in Council 
 to authorizo a .<inni not cxcoodinjj ono hundred poini Is per annum for 
 each Kchonl, outof llio moneys arisin;rfrom the salo of llio School [.and.s 
 in tlio said liist above ciled Act mentioned, to b,' paid to the Hoard of 
 Trustees for Grammar Schools in any District in Upper Caimda, for the 
 USB and support of two other Sciiools than the one in the Town where 
 tho Court House is situated, in any Town, Township or Viihiije within 
 any of the IJistricis al'ores.Tid, in whicii the inliaitilants should [)rovido 
 a suitable Scliool }[ouso, at which not lessihan thirty sciiolars should bo 
 educated, provided any sucli additional Scliool should not be within six 
 miles 1,1 llio District Ti.wn ; and provided al.-o, tlnit iioihiii'^r jn the said 
 lirst above cited Act sliould pievent llie (lovernor in (.'oniicil from ex- 
 teudiui^ such aid to four Grammar Schools, (iiicludiiiij; the said two,^ 
 other tlian IIk; ono established in tlie District Town, slionid it bodeemed 
 expedient : And wiiereas His Kxcjellency tlie (iovciiior Gt.'iierrl in 
 Council ilid, on the twenty-ninlh day of November, one ihuiisand eight 
 liundred and forty-eight, authorize tho Hoard of Trustees (or (iranimar 
 Sciiools in the Home District, to propose a irrant of seventy-livo jiouiids 
 to each of the Villages of Sireetsville, Whitby and Newmarliet, within 
 the said District, l)eing distant, respectively, more than six miles from 
 Toronto, the District Town, for aidincr to suppoit Masters of (Jrammar 
 Schools, proviiied such Masters should be established in buililin^s per- 
 manently appropriateil to such Schools during the y(>ar one ihousaiul 
 eight hundred and foity-uine : And whereas such a IMaster was estab- 
 lished in each of the s^aiii Villages, in a buihliiig periaaiuMitly appro- 
 piiated to such a School, iluring the year one thousand eight hundred 
 and forty-nine, but owing to ihe number of Scholars educaled a! eacli 
 of the .said Schools, during tlie said year, having been less than thirty, 
 the above mentioned sums of seventy-five poumls cannot iawfiilly bo 
 paid to the said Hoard of Trustees for the use and snpport of the .said 
 Schools, but it is just and right, untler the circumstances of tho case, to 
 enable the (iovernor Cieneral in Council to aulliorize tlie payment 
 lliereof: Be it therefore enacted by the Queen's Most Excellent Ma- 
 jesty, by and with the advice, &c., Tliat it sliaJl and may be lawful for 
 llie (Jovernor (General in Council to authorize a sum of two hundred ami 
 twenty-live pounds, out of tlie moneys arising from the sale of tho 
 School Lands in the said first above cited Act mentioned, to be paid to 
 tiie Boaril of Trustees for (Jramiuar Schools, in the County of Vork, for 
 the use and support of llie three {idditional Grammar Schools above 
 mentioned, for the year one thousand eight hundred and forty-nine ; any 
 thing in the said Ads, or in any other Act or law, to the contrary thereof 
 in any wise notwithstanding. 
 
mcnliohfd, 
 lOoU in thu 
 and fvrtij- 
 
 [UM, IhoO J 
 
 old ill th»j 
 itiilcd, An 
 nda (If rived 
 [(ill/ i'ppir 
 '0(1 ill tilt) 
 (tiiinnd the 
 rived f rum 
 lor lliiiisjs, 
 ill Coiiiioii 
 ;uiiiiirn for 
 lool Lancl.i 
 
 I Hoard of 
 la, lor Iho 
 )\vii wlicro 
 uo williiti 
 Id |)iovido 
 
 slioiild bo 
 within six 
 
 II tlio said 
 from e.v- 
 
 «;iid two J 
 
 odooineil 
 
 (MUd;! iit 
 
 and eight 
 
 (iiaiiiiiuir 
 
 vo jiouiuls 
 
 ft, within 
 
 liios from 
 
 ( J ram ma 1 
 
 iii^s per- 
 
 lliuusaiul 
 
 as estu'j- 
 
 y api)ro- 
 
 iuiiulied 
 
 I at each 
 
 III thirty, 
 vfuily bo 
 
 tlio said 
 ! case, to 
 payment 
 lent Ma- 
 iwful for 
 ilred and 
 e of tho 
 ' paid to 
 Tork, for 
 Is above 
 ne ; any 
 )' lliereof 
 
 RAILROADS. 
 
 ACT 1:J if \\ VIC. CAP. 81. 
 
 An Arl lo finnllc (he Mitnirijml Corporation tif the Cilii of Toronlo to (issiit 
 in till! ronstruvtion of the Turonto, Simruu and JmIh: Huron Union 
 Ruil-roitd. 
 
 [I'aHSfd lOlh Aiijjn.st, 1850.] 
 
 WIIJ'-lir.AS tho Municipal Corporaiion of tlio (,'ity of Toronto, have 
 by almost an imanimons vote resolved, that ho soon as leyul 
 authoiity shall have been ohtaiiied to enable lliem lo assist tho Kail- 
 road Company ineorporaled by an Act of the I'arliament of this I'rovince, 
 passed in the twi-ltih year of Her Majesly's Iteign, iiititnied, An Art to 
 tncnrporalv. the Toronto, Simrov, (iml I.idic Huron Union Railroad Com- 
 pany, ill the coii>triictioii of their intended Kail-road, the said Municipal 
 CQrporatioii is prepared to do so, on certain terms and conditions moio 
 fully set foitli in a certain Keport of the Finance Co.nmilteo of tho said 
 Municipal (.'orporatioii, and by the said Municipal Corporation adopted 
 iti Council, on tli(! t\\i'nty-iiiiiiii day of July now i.isi p,ist j And whereas 
 Georyfo (iuriielt, lv>(piiie, Mayor of the City of Toronto, hath, by his 
 petition to the lA-gisiature, prayed on behalf of the Mayor, Aldermen 
 and Commonalty of llio said ("ily, that authority might be conferred on 
 the said Municipal Coipoialion of tho said (-ity, so soon as responsible 
 parties shall have subscribed to the amount of One hundred thousand 
 pou.ids in the(,'apital Slock of tlh' said Kail-ioad Company, and in otiier 
 respects shall have complied with tlui terms, conditions and regulations 
 recpiiied by the said Municipal Corporation, to issue the debentures of 
 the said Aluiiicipal Corporation to the like amount of Slock so sub- 
 scribed ; And whereas it is desiiablo and expedient tliat power and 
 aiilhority should be given to the said Municipal Corporation to assist ^■\^o 
 said Kail-road Comp.iiiy in such manner as the said Municipal Corpo- 
 ration shall ileem advisable, and that similar power should also bo 
 given to each Munici|)ality through whoso jurisdiction the Kail-road of 
 the said Company may pass ; He it iherelore enacted by the Queen's 
 Most Excellent Majesty, by and with the advice and consent of tho 
 Legislalive Council and the Legislaiiv(! Assembly of the I'rovince of 
 Canada, constituted and assembled by virtue of and under the authority 
 of an Act passed in the Parliament of tho United Kingdom of Creui 
 Britain and (ndand, intituletl. An Act to re-unitc the Provinrcs of Uyper 
 and Lower CawnUi, and for the Govcrnincnt of Canada, aiul it is hereby 
 
 or on mo cre>iii and nenaii or uio saui jvuinu'ipai corporauon, lo issue 
 debentures to an amount not exceeding One hundred thousand pouniis, 
 nor in sums less than live pounds each, for and towanls assisting in the 
 construction of tho proposed Kail-road of the said Company, and to pro- 
 vide for or secure the payment thereof, in such manner and way as to 
 the said Municipal Corporaiion shall seem proper and desirable; and 
 further, that it shall and may be lawful for tho said Municipal Corpo- 
 ration of the City of Toronto, and any other Municipal Corporation, 
 within or through whoso jurisdiction the proposed Kail-road of the si^icl 
 Company may pass, to assist otherwise in the constinotion and forwarU 
 ing of the said proposed Kail-road, in such maimer as lo any suoh 
 
 I'rcamMe. 
 
 l<iVi«,c.lM. 
 
 CorjioriMiotp til 
 Toruiiio impow- 
 t'red lo jn-iie 
 (lt'|jtMiiiir<'.'< III nil! 
 of ilic said (.'oiii- 
 l>any. 
 
 'Ilio said eorpor- 
 ntloii aixl otlK'r« 
 limy aiil tUn 
 coinpAiiy it! ollict 
 wav«. 
 
222 
 
 RAILROADS. 
 
 Olhor tiitiiiicipn!- 
 iliCd iiitiy i»>iiL' 
 iJolipniiiro.'' in nid 
 of (III* i'()iii|iniiy. 
 
 (V'rporalions so 
 issiiiiic; ilelu-ji- 
 (iiru:i 10 lifive the 
 
 Miiiiicipa] Corporation may seem proper and desirable on grounds of 
 pnhlic utility. 
 
 II. And brt it enacted, That any other Municipal Corporation within 
 orllirough whose jurisdiction the proposed Rail-road of the said Com- 
 pany may pass, shall and may for and towards assisting in the conslruc- 
 tion of the said proposed Rail-road, issue debentures to an amount not 
 exceeding Fifty thousand pounds, in the same manner and upon the 
 same terms as the said Municipal Corporation of Toronto are hereby 
 authorized to do. 
 
 III. And ba it enacted, That for the purpose of enabling any such 
 Municipal Corporation to exercise a sufficient precaution in regard to the 
 
 power of electing duo application of such debentures towards the purposes for which they 
 coiiMi'aii)"' """ ^""^ proposed to be issued, and to enable such Municipal Corporations 
 respectively, to be therefore adequately represented in the direction of 
 the said Rail-road Company, so soon as any such Municipal Corporation 
 shall have issued the debentures hereby authorized, to the amount of 
 Fifty thousand pounds each, such Municipal Corporation shall have 
 power and is hereby authorized to nominate and appoint one director 
 from among the members of the Council of such Municipal Corporation, 
 for or in respect of every Fifty thousand pounds of debentures, which may 
 be so issued, and each such Director so appointed shall possess and enjoy 
 all the powers and privileges possessed and enjoyed by the other Directors 
 of the said Rail-road Company, named or to be appointed under the 
 said Act of Incorporation of the said Rail-road Company, so long as such 
 Municipal Corporation shall and may be liable for the payment of the 
 principal and interest of such debentures. 
 
 ACTUS,- 14 VIC, CAP. 129. 
 
 Preamble. 
 
 Mualcifinl Cor- 
 poraiion may 
 •ubaoribe for 
 ulinrcs, or Icn J 
 nionejr to the 
 WoinpiHiir, ice. 
 
 An Ad to empower Municipal Corporations to subscribe for Slock of tlic 
 Great Western Rail-road Company^ or otherwise to aid in completing 
 that undertaking. 
 
 [Passed 24th July, 1850.] 
 
 WHEREAS the Great Western Rail-road Company and the Muni- 
 cipal Corporations of certain localities through which the Com- 
 pany are empowered to make their Rail-road, have prayed that such 
 Corporations and all others who may be so disposed, may be enabled to 
 subscribe lor Stock of the said Company, and it is e.vpedient to pro- 
 mote an undertaking so important to the interests of the Province, by 
 granting the prayer of the said Petition : Be it therefore enacted by the 
 Queen's Most Excellent Majesty, by and with the advice and consent 
 of the Legislative Council and of the Legislative Assembly of the Pro- 
 vince of Canada, constituted and assembled by virtue of and under the 
 authority of an Act passed in the Parliament of the United Kingdom of 
 Great Britain and Ireland, and intituled An Act to re-unite the Provinces 
 of Upper and Lower Canada, and fur the Government of Canada, and it is 
 hereby enactet' by the authority of the same. That it shall be lawful for 
 the Common Council of the City of Hamilton, and for any other Muni- 
 cipal Corporation in this Province, to subscribe for any number of Shares 
 in the Capital Stock of the said Great Western Rail-road Company, or 
 to lend any sum of money to the said Company, or to guarantee and 
 become security for the payment of any sum of money borrowed by the 
 said Company after the passing of this Act, from any other Corporation 
 or party, or to endorse or guarantee the payment of any debenture to be 
 i«sued by the said Company for money borrowed by them after the 
 
grounds of 
 
 ion within 
 iaid Com- 
 
 consliuc- 
 mouiit not 
 
 upon the 
 le hereby 
 
 any such 
 ;jard to the 
 'hifh they 
 rporations 
 rection of 
 orporation 
 amount of 
 ihall have 
 e director 
 )rporation, 
 t^hich nnay 
 and enjoy 
 r Directors 
 under the 
 ig as such 
 (nt of the 
 
 tock of tlic 
 completing 
 
 , 1850.] 
 
 he Miini- 
 the Corn- 
 that such 
 inabled to 
 It to pro- 
 vince, by 
 ed by the 
 i consent 
 the Pro- 
 ander the 
 ngdom of 
 Provinces 
 , and it is 
 awful for 
 er Muni- 
 of Shares 
 ipany, or 
 ntee and 
 3d by the 
 trporation 
 ure to be 
 after the 
 
 ROADS AND BRIDGES. 
 
 passing hereof: Provided always, that nothing herein contained shall 
 be construed to increase the total amount of the Capital Stock which the 
 oaid Company is now authorized by law to raise, or the total amount of 
 money which it is now authorized to borrow. 
 
 II. And be it enacted, That the Municipal Corporation of any County, 
 City, Town, Township or Village who shall subscribe for Stock of the 
 said Company, or lend or guarantee the payment of any sum of money 
 under this Act, shall hjive full power and authority to cause to be 
 assessed and levied, from time to tim«, upon the whole rateable pro- 
 perty in such County, City, Town, Township or Village, sufHcieiit sums 
 to enable them to discharge the debts, obligations and engagements 
 which they shall have contracted as aforesaid ; and also, for the like 
 purpose, to issue Debentures, payable at such times, and for such sum 
 respectively, not hss than twenty-five pounds, and bearing or iwt 
 bearing interest, as such Corporation may think rfieet. 
 
 III. And be it enacted, That any Debenture which any Corporation 
 may, under this Act, issue, indorse or guarantee, shall be valid and 
 binding upon such Corporation, if signed and endorsed or countersigned 
 by such officer or person, and in such manner and form as shall be 
 directed by any By-law of the Corporation, and it shall not be neces- 
 sary that it be under the Seal of the Corporation, or that any further form 
 be observed with regard to it than such as shall be directed in such 
 By-law as aforesaid. 
 
 IV. And be it enacted, That it shall not be lawful for any Municipal 
 Corporation to subscribe for stock as aforesaid or incur any debt or 
 liability under this Act unless and until a By-law to that effect shall 
 have been duly made and adopted with the consent first had and 
 obtained of a majority of the qualified Electors of the Municipality pre- 
 sent at a meeting called for that purpose by the Mayor, Warden or 
 Town Reeve at the request of any ten such Electors, by public adver- 
 tisement containing a copy of such proposed By-law^ inserted at least 
 four times in each Newspaper printed within the limits of the Munici- 
 pality, or if no newspaper be printed therein, then in some one or more 
 newspapers printed in the immediate vicinity thereof and circulated 
 therein. 
 
 V. And be it enacted, That the Warden, Mayor or Town Reeve, 
 being the head of .any Municipal Corporation, subscribing for and 
 holding shares in the stock of the said Company to the amount of 
 twenty-five thousand pounds or upwards, shall be ex officio one of the 
 Directors of the said Company in addition to the number of Directors 
 now authorized by law, and shall have the same rights, powers and 
 duties as any of the other Directors of the said Company. 
 
 ROADS AND BRIDGES. 
 
 ACT l3Sf 14 VIC, CAP. 15. 
 
 An Act to mdlce better provision with regard to the repairing of Roads 
 within the limits of incorporated Cities and Toums, and of Roads and 
 Bridges which having been under the control of the Commissioners of 
 Public Works may hereafter be released from such control. 
 
 [Passed 10th of August, 1850. 
 
 WHEREAS it is expedient to remove all doubt on certain points 
 with regard to the Roads and Highways within the limits of the 
 several Cities and incorporated Towns in this Province : Be it there- 
 fore enacted by the Queen's Most Excellent Majesty, hy and with 1^9 
 
 22n 
 
 And may Irvy 
 uionpys I'or 
 iiiccting ilii.'ir 
 ('iii:n|!t.'iiieiiH 
 under iIiik Act. 
 
 How (leleiitureH, 
 &c. may l« 
 cxccuct'd. 
 
 Nolialiiliiy to I? 
 incurred except 
 under Hy-law 
 pasbed with llio 
 coHBent of a 
 majority of liie 
 electors. 
 
 The head of « 
 
 Corporation 
 
 subEcril)in(; 
 
 X-2.),(HI0tobe» 
 
 Director. 
 
 rreainble. 
 
224 
 
 * 
 
 i>i 
 
 1' 
 
 Roads, ite., in 
 Cities or Towns 
 vested in tlie 
 Corporation, 
 wiio shnll keep 
 iliein in repair. 
 
 Linbllity for 
 (hi I II re to liecp in 
 repair. 
 
 Iluw Roads Riid 
 liridi;cs iiindo by 
 tlie Province, 
 shall Ijo kept in 
 repair, if released 
 from tlie control 
 of the Coiiiinis- 
 Kionerjof I'ublic 
 Works. 
 
 laVic.c. 1. 
 
 Proviso : n» to 
 the Bridge over 
 the river Don at 
 Toronto. 
 
 ROADS AND BRIDGES. 
 
 advice and consent of the Legislative Council and of the Legislative 
 Assembly of the Province of Canada, constituted and assembled by 
 virtue of and under the authority of an Act passed in the Parliament of 
 the United Kingdom of Great Britain and Ireland, and intituled, An Act 
 to re-unile the Provinces of Upper and iMwcr Canada, andjor the Govern- 
 ment of Canada, and it is hereby enacted by the aulhoriiy of the same, 
 That the right to use as Public Highway all Roads, Streets, and Public 
 Highways within the limits of any City or Incorporated Town in this 
 Province (except in .so far as the riijht of property or other right in the 
 Land occupied by the same Hiirhways may have been expressly 
 reserved by some private pariy when it was first used as such Road, 
 Street or Hiifhway, and except as to niiy Concession Road or Side Road 
 within any such City or Town where the persons now in possession or 
 those under whom they ciciira may have laid out Streets in such City or 
 Town without any cornpensation therefor in lieu of such Concession or 
 Side Road,) shall be vested in the Municipal Corporation of such City 
 or Incorporated Town, and such Roads, Streets and Highways shall be 
 maintained and kept in proper repair so lon;i^ as they shall remain open 
 as such, by and at the cost of such Corporation whether they were 
 originally opened and made by such Corporation, or by the Government 
 of this Province, or of either of the late Provinces of Upper or Lower 
 Canada, or by any other authority or party ; and if the Municipal Cor- 
 poration of any such City or Incorporated Town shall fail to keep in 
 repair .any such Road, Street or Highway within the limits thereof, such 
 default shall be a •.y'isdemeanor for whicii such Corporation shall be 
 punished by fine in the discretion of the Court before v/hom the convic- 
 tion shall be had ; and such Corporation shall be ai.so civilly responsible 
 for all damages which maybe sustained by any party by reason of such 
 default, provided the action for the recovery of such damages bo brought 
 within three months after the same shall have been su.stained, but not 
 otherwise. 
 
 If. And be it enacted, That any Public Road or Bridge made, built 
 or repaired at the expense of the Province, and now under the manage- 
 ment and control of the Commissioners of Public Works may by Pro- 
 clamation of the Governor issued by and with the advice and consent of 
 the Executive Council, be declared to be no longer under the manage- 
 ment and control of the said Commissioners, and upon, from and after a 
 day to be named in such Proclamation, such Road or Bridge shall cease 
 to be under the manaiioment and control of the said Commissioners, and 
 no Tolls shall thereatler be levied thereon under the authority of the Act 
 passed in the twelfth year of Her l\Tajesty's Reign, and intituled, An Act 
 to make better provision with irgard to the Tolls to be levied on the Public 
 Provinciol Works and for other purposes relative to the said l^orks, hut such 
 Road or Bridge shall be under the control of the Municipal Authorities of 
 the locality and of the Road Oflicers thereof, in like manner with other 
 Public Roads and Bridges therein, and shall be maintained and kept in 
 repair under the same provisions of law, which are hereby declared to 
 extend and shall apply to such Road or Bridge : Provided always, and 
 be it declared and enatited. That the Bridi'e over the River Don, on the 
 Kingston Road, at the east end of the City of Toronto, and the said 
 Kingston Hoad east of the said River shall not be held to be within the 
 said Cilyor the Liberties thereof, or be under the control of the Corpo- 
 ration ttioreof, but shall remain under the control of the Commissioners 
 of Public Works, or of any party to whom they may be transferred by 
 ofder of lh& Governor in Council. 
 
Legislative 
 embled by 
 rliament of 
 ed, An Act 
 he Govern- 
 
 the same, 
 and Public 
 wn in this 
 gilt ill the 
 
 expressly 
 11 ch lioad, 
 Side Road 
 ^session or 
 ich City or 
 cession or 
 
 such City 
 
 s shall bo 
 
 nain open 
 
 I hey were 
 
 overnment 
 
 or Lower 
 cipal Cor- 
 
 keep in 
 M'eof, such 
 
 1 shall be 
 le convic- 
 isponsible 
 5011 of such 
 bo brouglit 
 idj but not 
 
 ade, built 
 3 mana^e- 
 y by Pro- 
 consent of 
 
 maiiage- 
 nd after a 
 hall cease 
 oners, and 
 of the Act 
 k1, An Act 
 the Public 
 , but such 
 lioritiesof 
 nth other 
 d kept in 
 :clared to 
 ays, and 
 11, on I he 
 
 the said 
 ithin the 
 e Corpo- 
 lissioners 
 "erred by 
 
 BOUNDARIES OF TOWNS IN 
 
 SCHEDULE D. 
 
 [vide PACiE 151.] 
 
 [A Proclamation was issued on the 27ih September, 1850, establish- 
 ing and declaring the following to be the boundaries of tiie several 
 Towns mentioned in Schedule D, until altered by competent authority, 
 according to law.] 
 
 SCIIEDlJIiE D. 
 
 Towns with Municipalilies only, or without any Municipal organization. 
 
 FinST DIVISION. 
 
 1. — Amhersthurgh, To consist of all that part of this Province situate 
 partly in the Township of Maiden and partly in the Township of Ander- 
 don, in the County of Essex, and lying within the following limits, that 
 is to say : 
 
 Commencing in front of the River Detroit, at the south-west angle of 
 lot number three on the said river, in the Township of Maiden ; thence, 
 easterly, along the southerly boundary line of the said lot number three, 
 to the easterly side of the allowance for road in rear of the said lot ; 
 thencBj northerly, along the easterly side of the said allowance for road, 
 to the boundary line beUveen the said Township of Maiden and the said 
 Township of Anderdon ; thence, northerly, in the same direction as the 
 said last mentioned course, across the said last mentioned boundary line, 
 to u. northerly boundary line of block D in the said Townshipof Ander- 
 don -nee, westerly, along the said last mentioned boundary line, to 
 thf u. 's edge of the said River Detroit : thence, westerly, in the same 
 di I as the said last mentioned course, five chains ; thence, south- 
 erly, following the direction of the water's edge in its several windings 
 on the easterly shore of the said River Detroit, keeping always at the 
 distance of five chains from the same, to a point opposite the said place 
 of beginning; ihence, easterly, in the direction of the said southerly 
 boundary line of the said lot number three in the said Township of 
 Maiden, five chains, to the said place of beginning. 
 
 2. — Chatham, To consist of all that part of this Province situate within 
 the County of Kent and lying within the following limits, that is to say. 
 
 Composed of lot number twenty-four in the first concession by the 
 eastern boundary in the Township of Raleigh, lots numbers one and two 
 in the first concession by the western boundary of the Township of 
 Harwich, and also of the village plot of Chatham-north, being the front 
 part of lot number one in the Township of Chatham, and butted and 
 bounded as follows, that is to say : 
 
 Commencing upon the River Thames, upon the limits between lots 
 numbers twenty-three and twenty-four in Raleigh aforesaid : thence, 
 south, forty-five degrees east, to the south-easterly side of the roail 
 allowance between the first and second concessions of Raleigh ; thence, 
 north, forty-five degrees east, following the south-easterly side of said 
 road allowance, across lots number twenty-four in Raleigh and numbers 
 one and two in Harwich, to the limits between lots two and three in the 
 first concession of Harwich ; thence, north, forty-five degrees west, 
 along said limits between lots two and three in Harwich, to the said 
 River Thames ; ihence, in prolongation of the last mentioned course, 
 across the said river, to the water's edge of the north-westerly bank 
 thereof; thence, along the same westerly, to the limits of lots one and 
 two infirst conces:.!on of the Townshipof Chatham ; thence, north, forty- 
 five degrees west, to the north-westerly side of Head street in the town 
 plot of Chatham-north; thence, south-westerly, following the north- 
 
226 
 
 BOUNDARIES OF TOWNS IN SCHEDULE D. 
 
 
 westerly limits of Head street, to the south-westerly side of the allow- 
 ance for road on the town-line between Chatham and Dover east ; thence, 
 south, forty-five degrees east, to the water's edge of the River Thames ; 
 thence, along the same westerly with the stream, to a point opposite the 
 line between lols numbers twenty-three and twenty-four in the first 
 concession of the said Township of Raleigh; thence, across the liver 
 to the place of beginning. 
 
 3. — Guelph, To consist of all that part of this Province situate in the 
 County of Waterloo, and lying within the following limits, that is lo 
 say: 
 
 Commencing at a point where the south-westerly side of the Edin- 
 burgh road in the said County intersects the north-westerly side of the 
 London road produced in the said County ; thence, north-east, in a 
 course along the north-westerly siile of the said London road, and cross- 
 ing the river Speed, to the easterly bank thereof ; thence, alongthe said 
 easterly bank, down the stream, and following the course thereof to 
 its junction with the Eramosa branch of the said river; thence, crossing 
 the said Eramosa branch in a direct line, to the south-easterly bank 
 thereof; thence, down the united stream along the south-easterly bank 
 thereof, and following the course thereof, to a point where the said south- 
 easterly bank intersects the south-westerly side of the said Edinburgh 
 road produced ; thence, north-west, following the course of the said 
 south-westerly side of the Edinburgh road, to the place of beginning. 
 
 4. — Perth, To consist of all that part of this Province situate in the 
 County of Lanark, being composed of lots numbers one, two and three, 
 in the first concession, and lots numbers one and two, in the second 
 concession of the Township of Druramond, and lying within the follow- 
 ing limits, that is to say : 
 
 Commencing at the south-westerly angle of lot number one in the 
 third concession of the Township of Dmmmond ; thence, north-easterly, 
 along the north-westerly limit of the allowance for road between the 
 second and third concessions of the said Township, to a point opposite 
 the limit between lots numbers two and three in the second concession 
 of the said Township ; thence, across the said allowance for road, to the 
 said last mentioned limit, and along the same, to the north-westerly 
 limit of the allowance for road between the first and second concessions 
 of the said Township ; thence, north-easterly, along the said last men- 
 tioned limit, to a point opposite the boundary line between lots numbers 
 three and four in the first concession of the Township of Drummond ; 
 thence, across the said last mentioned allowance for road, to the 
 said last mentioned boundary line, and along the same south-easterly to 
 the south-easterly side of the allowance for road between the Townships 
 of Drummond and North Elmsly; thence, south-westerly, along the 
 said last mentioned limit, to the south-westerly side of the allowance 
 for road between the Townships of Bathurst and Drummond ; thence, 
 along the said last mentioned limit, to the north-westerly limit of the 
 allowance for road between the said second and third concessions of the 
 said Township of Drummond; thence, across the said allowance for 
 road between the said Townships of Bathurst and Drummond, to the 
 place of beginning. 
 
 5. — Simcop, To consist of all that part of this Province situate in the 
 County of Norfolk, and lying within the following limits, that is to say: 
 
 Commencing on the town-line between the Township and Gore of 
 Woodhouse, at the limit between lots numbers twelve mid thirteen, in 
 the said Gore of Woodhouse ; thence, westerly, on the limit between 
 said Gore lots twelve and thirteen, thirty chains ; thence, northerly, 
 parallel to the said town-line (called Norfolk Street in the Town of 
 Simcoe,) be the distance more or less, to the intersection of the north- 
 
D. 
 
 )f the allow- 
 east ; thence, 
 ver Thames ; 
 t opposite the 
 r in the first 
 3SS the liver 
 
 ituate in the 
 9, that is lo 
 
 )f the Ed in- 
 side of the 
 h-east, in a 
 ,d, and cross- 
 longthesaid 
 >e thereof to 
 ice, crossing 
 isterly bank 
 asterly bank 
 e said sonth- 
 I Edinburgh 
 of the said 
 teginning. 
 
 ituate in the 
 
 and three, 
 the second 
 
 1 the follow- 
 
 one in the 
 th-easterly, 
 etween the 
 int opposite 
 
 concession 
 road, to the 
 Ih-westerly 
 concessions 
 (1 last men- 
 >ts numbers 
 )rummond ; 
 oad, to the 
 
 easterly to 
 Townships 
 
 along the 
 
 allowance 
 d ; thence, 
 mit of the 
 sions of the 
 •wance for 
 •nd, to the 
 
 date in the 
 t is to say : 
 id Gore of 
 hirteen, in 
 t between 
 northerly, 
 Town of 
 the north- 
 
 BOUNDARIES OF TOWNS IN SCHEDULE D. 
 
 erly side of Palerson's Creek, or Messrs. Wilson's Mill Pond, as may 
 be; thence, following down the northerly side of said Mill Pond and 
 Creek, to the north-westerly limit of the town-line between the town- 
 ships of Townsend and VVoodhouse ; thence, easterly, on the siiid limit, 
 to the distance of twenty chains from the north-westerly angle of the 
 Township of Woodhouse; thence, southerly, parallel to the said town- 
 line between the Township of Woodhouse and Woodhouse Gore (or 
 Norfolk Street aforesaid), to the intersection of llie said limit between 
 lots numbers twelve and thirteen in the Gore of Woodhouse produced 
 easterly ; and thence, along the same, westerly to the place of beginning. 
 
 6. — JVoodslork, To consist of all that part of this Province situate in 
 the County of Oxford, and lying within the following limits, that is to say : 
 
 Commencing on the northerly limit of Dundas Street at a point where 
 V. post has been planted at the south-west angle of lot number eighteen 
 .11 the first concession of the Township of Blandford ; thence, in a north- 
 erly direction along the western boundary of the said lot, to the allow- 
 ance for road between the first and second concessions of the said Town- 
 ship of Blandford ; thence, continuing the same course to the northerly 
 limit of the said road allowance; llience, westerly, along the said nor- 
 thern limit, to the River 'i'hames; ihence, in continuation of the last 
 mentioned course, across the said river, to the water's edge on the west- 
 erly bank thereof; thence, along the water's edge of the River Thames 
 on the westerly bank thereof, to a point opposite the southerly bank of 
 Cedar Creek ; thence, across the said River Thames to the water'sedge 
 on the southerly bank of Cedar Creek ; thence, along the water's edge 
 of Cedar Creek on the southerly side thereof, to the eastern limit of the 
 allowance for road between lot number twenty-one in ihe first conces- 
 sion of the Township of east Oxford and the Gore between east and west 
 Oxford ; thence, southerly, along the said eastern limit, to the southern 
 limit of the allowance for road between the first and second concessions 
 of the said Township of east Oxford ; thence, easterly, along the said 
 southern limit, to a point opposite to the centre of lot number eighteen 
 in the first concession of the said Township; thence, on a line equi- 
 distant from the eastern arid western side lines of the said lot number 
 eighteen on a course about north fifteen degrees forty minutes west, to 
 Dundas Street ; thence, continuing the same course, to the northern 
 limit of Dundas Street ; and thence, westerly, along the northern limit 
 of Dundas Street, to the place of beginning. 
 
 SECOND DIVISION. 
 
 1. — Same, To consist of all that part of this Province situate in the 
 County of Simcoe, and lying within the following limits, that is to say : 
 
 Commencing in deep water at the distance of five chains from the 
 shore of Kempenfeldl Bay, at a point on the southerly limit of the allow- 
 ance for road between the Townships of Vespra and Innisfil, produced 
 easterly from the water's edge of Kempenfeldt Bay ; thence, westerly, 
 along the prolongation of the said southern limit and the said limit, to 
 Ihe westerly limit of the all(»wance for road between the fifth and sixth 
 concessions of said Township of Vespra; thence, northerly, along the 
 westerly limit of the said last mentioned allowance for road, to the north- 
 east angle of lot number twenty-two in the said sixth concession ; thence, 
 north-easterly, across the allowance for road between the fifth and sixth 
 concessions, and aloag the northern limits of lots numbers twenty-two 
 in the fifth, fourth and third concessions of the Township of Vespra, to 
 to the north-easterly angle of lot number twenty-two in the said third 
 concession ; thence, across the allowance for road bounding the said 
 lot last mentioned on the east ; thence, south-westerly, along the said 
 allowance for road which runs between the lots on the west side of the 
 Penetanguishene road and the said lot number twenty-two, to the north- 
 
 227 
 
 ;> 
 
 ^ 
 
I 
 
 I 
 
 228 BOUNDARIES OF TOWNS IN SCHEDULE D. 
 
 west .angle of lot number three on the west side of the Penelarighishene 
 road ; thence, easterly, along the northern limit of the said lot number 
 three in the first concession, on the west side of the Penetanguishine 
 road, to the north-east angle of the said lot number three ; thence across 
 the said road, to the easterly limit thereof; thence southerly along the 
 same to Kempenfeldt Bay ; thence on a line produced in prolongation 
 of the said road, a distance of iive chains; thence, westerly and south- 
 erly, and always at the distance of five-chains from the shore, to the 
 place of beginning. 
 
 2. — UOrignal, To consist of all that part of this Province situate in the 
 County of IVescott, and lying within and bounded by the following 
 limits, that is to say : 
 
 On the east by the westerly line of the Township of West Hawkes- 
 bury, on the south by the road leading from the said line past the four 
 corners of (he bridge across the Mill Creek on the road to Caledonia 
 Sprinss; on the west, by a line drawn parallel wiih the llawkesbury 
 line to the Ottawa River, and on the north by the said river. 
 
 'i.—Qaeenston, To consist of all that part of this Province situate in the 
 County of Lincoln, and lying within Iht; following limits, that is to say: 
 
 Commencing at the water's edge of the Niagara river, at a point 
 where the northerly boundary line of lot number six, in the Township 
 of Niagara, produced to the river, wouKl strike the same; thence, in 
 prolongation of the same course, two hundred feet; tlience, southerly, 
 tollowing the windings of the watei's etl^e, on the westerly side of the 
 river Niagara, to a point opposite where a line, on a course north sixty- 
 seven degrees thiity minutes east, protluced to the saiil river from the 
 southerly side or limit of that part of the Erie and Ontario llail-road, 
 wliich lies imraeiliaiely north of Ihock's Monument, would strike the 
 water's edge; thence, on a course south sixty-seven degrees thirty 
 minutes west, to the water's edge, and, in the same course, to that part 
 of the said Rail-road due north from Brock's Monument ; tlionce, west- 
 erly, alona: the southern limit of the said Rail-road, to where the westerly 
 limit of King Street in the Village of Queenston intersects the same ; 
 thence, northerly, along the western limit of King Street, to the limit 
 between lots numbers six and seven in the Township of Niagara; 
 thence, easterly, along the said limit or boundary line, to the north-east 
 angle of the said lot Jiumber six ; and thence, on a course produced by 
 tlie boundary line between the said lots numbers six and seven being 
 continued to the Niagara River, to the place of beginning. 
 
 4. — Sandwich, To consist of all that part of this Province situate in the 
 County of E<sex, and lying within the following limits, that is to say : 
 
 Commencing at the water's edge of the River Detroit, on the limit 
 between lot number fifty-nine in the front concession of the Township 
 of Sandwich, and the Town of Sandwich as originally laid out by the 
 Ciown ; thence, on a course of south seventy-four degiees east, to the 
 western limit of the allowance for road, which forms the eastern bound- 
 ary of Sandwich f^'Assumption ; thence, along said limit on a course 
 north twenty-eight degrees west, to witliin fifty chains of tli6 water's 
 Ci\qe of the River Detroit; thence, on a course north seventy-four 
 degrees east, to the limit between lots numbers sixty-three mid sixty- 
 four in the front concession of the Township of Sandwich ; thence, 
 along the said limit north twenty-eight degrees west, to the water's 
 edge of the River Detroit; thence, continuing the last mentioned course 
 five chains; thence, on a course corresponding with the general line of 
 the shore, and always at the distance of five chains from the same, whh 
 the stream, until the same shall intersect a line produced from the place 
 of beginning, on a course north seventy-four degrees west ; thence on a 
 course south seventy-four degrees east, to the place of beginning. 
 
 ehi 
 
», 
 
 arighishene 
 lot number 
 languishine 
 ence across 
 y along the 
 )iolongation 
 and soulh- 
 lore, to the 
 
 dtuateinthe 
 e following 
 
 ist Hawkes- 
 ast the four 
 Caledonia 
 lawkesbury 
 
 situate in the 
 lat is to say : 
 r, at a point 
 .0 Township 
 ; thence, in 
 3, southerly, 
 ,' side of the 
 north sixty- 
 ver from the 
 o I'ail-road, 
 Id strike the 
 '^reos thirty 
 , to that part 
 hence, west- 
 the westerly 
 i the same ; 
 to the limit 
 of Niagara ; 
 le north-east 
 produced by 
 seven being 
 
 situate in the 
 It is to say : 
 on the limit 
 le Township 
 d out by the 
 
 eaist, to the 
 istern bound- 
 on a course 
 
 tli6 water's 
 seventy-four 
 e find sixly- 
 ich ; thence, 
 
 the water's 
 tioned course 
 eneral line of 
 le same, whh 
 rem the place 
 
 thence on a 
 rinning. 
 
 SURVEYS AND BOUNDARIES. 
 
 EXTRACTS FROM ACT 12 VIC. CAP. 35. 
 
 An Act to repeal certain Acts therein mentioned, and to make better provi- 
 sion respecting the admission of Land Surveyors and the Survey of 
 Lands in this Province. 
 
 [Passed 30th May, 1849.] 
 
 XII. And be it c "actf ' hat the Commissioner of Crown Lands 
 shall procure a St ird oi -lish Measure of lenj^ 
 of the old French iVAt-asure d .^rigth, compared with 
 the Standards for such Measures established in this 
 shall remain in his office for the purpose of comparing therewith the 
 Standards to be kept by each Surveyor as hereinafter provided. 
 
 XIII. And bo it enacted, That each and every Land Surveyor duly 
 admitted, and practising, or who shall be hereafter admitted for Upper or 
 Lower Canada, shall procure, and shall cause to be examined, corrected, 
 and stamped, or otherwise certified, by the Commissioner of Crown 
 Lands, or some one by him deputed for that purpose, a Standard Mea- 
 sure of length, under the penalty of the forfeiture of his License or 
 Certificate, and shall previously to proceeding on any survey, verify the 
 length of his chains and other instruments for measuring by such 
 standard. 
 
 I u Standard 
 . .a corrected by 
 Province, which 
 
 Stariilnrd 
 iiieasiireH lu tx) 
 kept iiy (he Coiii- 
 iiiiHsiunur of 
 CroH II iianda. 
 
 Surveyors to 
 have H standard 
 to check their 
 meaiiurei tjy. 
 
 XIV. And be it en^cf^, That from and after the passing of this Act, 
 if any person or persons shall, in any part of this Province, interrupt, 
 molest, or hinder any Land Surveyor, while in the discharge of his duty 
 as a Surveyor, such person or persons shall be deemed to have been 
 guilty of a misdemeanor, and being thereof lawfully convicted in any 
 Court of competent jurisdiction, may be punished either by fine or im- 
 prisonment, or both, in the discretion of such Court, such imprisonment 
 being for a period not exceeding two months, and such fine not exceed- 
 ing five pounds, without any prejudice to any civil remedy which such 
 Surveyor or any other party may have against such olfender or offend- 
 ers, in damages by reason of such offence; and any Land Surveyor, 
 when engaged in the performance of the duties of his profession, shall 
 be, and he is hereby authorized and empowered to pass over, measure 
 along, and ascertain the bearings of any Township line, concession or 
 range line, or other governing line, or side line, and for such purposes 
 to pass over the lands of any person whomsoever, doing no actual dam- 
 age to the property of such person, any law to the contrary notwith- 
 standing. 
 
 XXII. And be it enacted, That the measure for Land in Lower-Canada 
 shall be the same as it was before the year of our Loni one thousand 
 seven hundred and sixty, in all grants of Seigniories, and in the Con- 
 cessions which have therein been made up to the present time, but in 
 the Townships of Lower-Canada the measure for Land shall be English . 
 measure. 
 
 XXVL And whereas it inexpedient to provide means for ascertaining Recitat 
 and permanently delhiing and marking the angles and boundary lines 
 of Townships or Concessions in Upper-Canada : Be it therefore enacted. 
 That stone monuments or monuments of other durable materials, shall 
 be placed at the several corners, governing points or offsets of every 
 
 Fiiiiishmentor 
 |ieri<oiiti inolest- 
 iiig tjurveyoro on 
 duty. 
 
 Civil remedy not 
 taken away. 
 
 Power to Sur- 
 veyor to examine 
 cprtniii lilies ; 
 (loing no actual 
 damage. 
 
 MeasiirpF for 
 Land in Lower- 
 Caiiiidii hxKd. 
 
 il 
 
 Q 
 
 Stone monu- 
 ments may l>e 
 placed at certain 
 

 l>l 
 
 230 
 
 poiiiU in Town- 
 •liips in U. C. 
 
 To be placed 
 ntider the dirce- 
 tiuii ortlieCum- 
 iiiissioncr of 
 Crown LnndH. 
 
 lloundaries 
 nscert.iiiied as 
 nl'oresnid in 
 U. C. 10 bu 
 deemed tlie 
 true ones. 
 
 Punishment of 
 persons re- 
 moving or 
 defacing land 
 inuri<8 in U. C. 
 or in L. C. 
 
 rrovUo as to 
 Surveyors. 
 
 Monuments not 
 to be placed in 
 U. C. except on 
 the application of 
 the Municipal 
 Council. 
 
 Recital. 
 
 In what cases 
 the Municipal 
 Council may 
 npply 10 have 
 Monuments 
 placed. U. C. 
 
 SURVEYS AND BOUNDARIES. 
 
 Township that hath been surveyetl, or may hereafter be surveyed in 
 Upper-Canada, ami also at each etui of the several Concession Lines of 
 such Townships ; antl that lines tliawn in the manner hereinaftei pre- 
 scribeil from the monuments so erected, or to be erected, shall be 
 taken ami considered to be the permanent boundary lines of such 
 Townships and Concessions, respectively. 
 
 XXVII. And be it enacted, That the monuments to ba placed as 
 above mentioned shall be so placed under the direction and order of 
 the Commissioner of Crown Lands of this Province. 
 
 XXVIII. And be it enacted, That the courses and lengths of the said 
 boundary lines, so ascertained and e-SLihlislied, shall on all occasions be 
 and be taken to bo the true courses and lengths of the boundary lines 
 of the said Townsliips and Concessions, in Upper-Canada, whether the 
 same do or do not, on actual survey, coincide with the courses and 
 Jenglhs in any Letters Patent of Grant or other Instrument mentioned 
 and expressed in respect of such boundary lines. 
 
 XXIX. And be it enacted. That if any person or persons shall know- 
 ingly and wilfully pull down, deface, alter or remove any such monu- 
 ment so erected as aforesaid, in Upper-Canada, such person or persons 
 shall be adjudged guilty of felony; and if any person or persons shall 
 knowingly and wilfully deface, alter or remove any other landmark, 
 post, or monument placed by any Land Surveyor, to mark any limit, 
 boundary or angle of any Township, Concession, range, lot or parcel of 
 land, in Upper or in Lower-Canada, such person or persons shall be 
 deemed guilty of a misdemeanor, and being convicted thereof before 
 any competent Court, shall be liable to be punished by fine or impri- 
 sonment, or both, at the discretion of such Court, such fine not to exceed 
 Twenty-five pounds, and such imprisonment not to be for a longer 
 period than Three months, without any prejudice to any civil remedy 
 which any party may have against such offender oroifenders in damages, 
 by reason of such offence ; Provided that nothing herein contained shall 
 extend to prevent Land Surveyors, in their operations, from taking up 
 posts or other boundary marks when necessary, after which they shall 
 carefully replace them as they were before. 
 
 XXX. And be it enacted. That it shall not be necessary for the Com- 
 missioner of Crown Lands to proceed to carry the provisions of the 
 Twenty-sixth, Twenty-seventh and Twenty-eighth Sections of this Act 
 into execution, until an application for that purpose shall have been 
 made to the Governor by the District Council of the District in Upper- 
 Canada, in which the Township or Townships interested may be situate, 
 who shall cause the sum requisite to defray the expenses to be incurred, 
 or the proportion thereof payable by the inhabitants of any Township or 
 Concession, to be levied on the said inhabitants, in the same manner as 
 any sum required for any other local purpose authorized by law may be 
 levied. 
 
 XXXI. And whereas in several of the Townships in Upper-Canada, 
 some of the Concession lines, or parts of the Concession lines, have not 
 been nm in the original survey performed under competent authority, 
 and the surveys of some Concession lines or parts of Concessions lines 
 have been obliterated, and owing to the want of such lines the inhabi- 
 tants of such Concessions are subject to serious inconvenience : Be it 
 therefore enacted, That it shall be lawful fofathe District Council of the* 
 District in which any Township in Upper-Canada may be situate, on 
 application of one half of the resident land-holders in any Concession, 
 (or without such application if the said Council shall deem it necessary,) 
 to make application to the Governor, requesting Him to cause any such 
 line to be surveyed, and marked by permanent stone boundaries under 
 
 Fide Corporations Amendment Act, Sec. 7. Jnte page 136. 
 
surveyed in 
 sion Lines of 
 reiiial'ler pre- 
 :ted, shall be 
 lines of such 
 
 ba placed as 
 and order of 
 
 hs of the said 
 1 occasions be 
 oundary lines 
 , whether the 
 J courses and 
 nt mentioned 
 
 8 whall know- 
 r such monu- 
 ?n or persons 
 persons shall 
 er landmark, 
 rk any limit, 
 t or parcel of 
 sons shall be 
 hereof before 
 fine or impri- 
 not to exceed 
 for a longer 
 civil remedy 
 rs in damages, 
 ontained shall 
 om taking up 
 eh they shall 
 
 ' for the Com- 
 visions of the 
 ms of this Act 
 ill have been 
 ict in Upper- 
 lay be situate, 
 o be incurred, 
 r Township or 
 me manner as 
 y law may be 
 
 pper-Canada, 
 nes, have not 
 Bnt authority, 
 sessions lines 
 !s the inhabi- 
 lience : Be it 
 buncil of the* 
 )e situate, on 
 y Concession, 
 it necessary,) 
 use any such 
 idaries under 
 
 SURVETS AND BOUNDARIES. 
 
 the direction and order of the Commissioner of Crown Lands, in the 
 manner prescribed in this Act, at the cost of the proprietors of the lands 
 in each Concession or part of a Concession interested ; and it shall be 
 lawful for such District Council to cause an estimate of the sum requi- 
 site to defray the expenses to be incurred to be laid before them, in 
 order that the same may be levied on the said proprietors, in proportion 
 to the quantity of land held by them respectively in such Concession or 
 part of a Concession, in the same manner as any sum required for any 
 other purposes authorized by law may be levied ; and the lines or parts 
 of lines so surveyed and marked as aforesaid, shall thereafter be taken 
 and considered to bo the permanent boundary lines of such Concessions 
 or parts of Concessions to all intents and purposes of law whatsoever ; 
 and all expenses incurred in performing any survey or placing any 
 monument or boundary under the provisions of this section or of the next 
 preceding section, shall be paid by the District Treasurer to the person 
 or persons em.ployed in such services, on the certificate and order of the 
 Commissioner of Crown Lands ; Provided always, that the said line3 
 shall be so drawn as to leave each of the adjacent Concessions of a 
 depth proportionate to that intended in the original survey. 
 
 XXXIL And whereas it is necessary to make more definite provision 
 than is now made by law, lis to the mode in which the proper courses 
 of boundary lines shall be ascertained in certain cases in Upper-Canada : 
 Be it enacted, That in Upper-Canada all boundary lines of Townships, 
 Cities, Towns, Villages, all Concession lines, governing points, and all 
 boundary lines of Concessions, sections, blocks, gores, commons and all 
 side-lines and limits of lots surveyed, and all posts or monuments, 
 which have been placed or planted at the front angles of any lots or 
 parcels of land, provided the same have been or shall be marked, 
 placed or planted under the authority of the Executive Government of 
 the late Province of Quebec or of Upper-Canada, or under the authority 
 of the Executive Government of this Province, shall be and the same 
 are hereby declared to be the true and unalterable boundaries of all and 
 every of such Townships, Cities, Towns, Villages, Concessions, Sec- 
 tions, Blocks, Gores, Commons, and lots or parcels of land, respectively, 
 •whether the same shall upon admeasurement be found to contain the 
 exact width, or more or less than the exact width expressed in any 
 Letters Patent, Grant or other Instrument in respect of such Township, 
 City, Town, Village, Concession, Section, Block, Gore, Common, lot or 
 parcel of land mentioned and expressed ; and such township, city, town, 
 village, concession, section, block, gore, common, lot or parcel of land, 
 shall embrace the whole width, contained between the fiont posts, 
 monuments or boundaries, planted or placed, at the front angles of any 
 
 such township, city, town, village, concession, section, block. 
 
 sore. 
 
 common, lot o» parcel of land as aforesaid, so marked, placed or planted 
 as aforesaid, and no more nor less, any quantity or measure expressed 
 in the oviainal grant or patent thereof notwithstanding; and every patent, 
 grant or instrument, purporting to be for any aliquot part of such town- 
 ship, city, town, village, concession, section, block, gore, common, lot 
 or parcel of land, shall be construed to be a grant of such aliquot part of 
 the quantity the same may contain, whether such quantity be more or 
 less than that expressed in such patent, grant or instrunient ; any law, 
 usage or custom to the contrary thereof in anywise notwithstanding. 
 
 XXXIII. And be it enacted. Tiiat in every City, Town or Village in 
 Upper-Canada, which has been surveyed by the authority aforesaid, all 
 allowances for road or roads, street or streets, lane or lanes, common or 
 commons, which have been laid out in the original survey of such City, 
 Town or Village, shall be and the same are hereby declared to be 
 public highways and commons : and all posts or monuraenta which 
 
 231 
 
 Expennefi to lie 
 fBilriiMefl nnd 
 prov deil for . 
 
 Legal nfTectof 
 ilie operaiion. 
 
 Kxpensfin to be 
 pniil (o the 
 tioverninent. 
 
 rroviso ns to 
 
 ndjnceiU 
 coticeealona. 
 
 Recitnl. 
 
 Boundaries 
 placed under 
 the auiliori'y nf 
 the Government 
 to be rice' •.he 
 true ones c. 
 U.C. 
 
 Townsliipg, &e. 
 to comprise all 
 ttiefipace in- 
 cluded within 
 ttiuir boundaries. 
 
 As to aliquot 
 parts of Town- 
 ship, &c. 
 
 Road allowances 
 in Cities, &c., to 
 be public high- 
 ways. U.C. 
 
 I 
 
 i 
 
232 
 
 SURVEYS AND BOUNDARIES. 
 
 Recital. 
 
 At to land* 
 grnntel in blocks 
 nnd tiu!<8fKiuently 
 mirveycd by ttie 
 Granite*. U. C. 
 
 (Soverninff linps 
 declared, U.C. 
 
 ProviM. 
 
 Pro»iiiO. 
 
 Provlno. 
 
 Provlim. 
 
 have been placed or planted in the oric;inal survey of such City, Town 
 or Village, to designate or define any allowance for road or roads, street 
 or streets, lane or jiines, lot or lots, common or 'omrnons, shall bn and 
 the same are hereby declared to bo the true .'.nd nnallerable boundaries 
 of all such roads, slreeis, lanes, lots nmt commons; ami all Land 
 Snueyors, wlit'ii employed to make '^^iirveys in snch City, Town or 
 Villao;e are heroliy required to follow and pursue the same rules and 
 reifulatioiis in respect of such surveys as is by law required of them 
 when employed to make surveyb in Townships. 
 
 XXXIV. And whereas many Townships, tracts or blocks of land in 
 Upper-Canada were granted by the Crown to companies and individuals 
 before any surveys were made therein, and such Townships, tracts or 
 blocks of land were afterwards surveyed by the owners thereof; Be it 
 therefore enacted. That all such Surveys of such Townships, tracts or 
 blocks of land in Upper-Canada, sliall be and the same are hereby 
 declared to he original surveys thereof, and to have the same force and 
 effect as though the said original surveys and plans thereof had been 
 made by the au,lhoiity aforesaid ; and all allowances for roads or com- 
 mons which liave been surveyed in such Townships, tracts or blocks of 
 land, and laid down on the plans thereof, shall be and the same are 
 hereby declared to be public highways arid commons: and all lines 
 which have been run and marked in such original surveys, and all posts 
 or monuments which have been planted or placed in such original sur- 
 veys, to designate and define any allowances for road, concession or 
 concessions, lot or lots of land, common or commons, shall be and the 
 same are hereby declared to be the true and unalterable lines and 
 boundaries of all such allowances for road, common or commons, lot 
 or lots of land, and all land Surveyors, when employed to make surveys 
 in such Townsliips, tracts or blocks of land, are hereby required to fol- 
 low and pursue the same rules and regulations in respect of^such Town- 
 ships, tracts or blocks of land, and the original surveys thereof, as is l)y 
 Jaw required of them to follow and pursue in all Townships, tracts or 
 blocks of land which have been surveyed by the authority aforesaid. 
 
 XXXV. And be it enacted, That the course of the boundary line of 
 each and every concession, on that side from which the lots are num- 
 bered, shall be and the same is hereby declared to be the course of the 
 division or side-lines throughout the several townships or concessions in 
 Upper-Canada, respectively, provided always, that such division or 
 side-lines were intended, in the original survey performed under such 
 competent authority as aforesaid, to run parallel to the said boundary ; 
 and all Surveyors shall and are hereby required to run all division or 
 side-lines, which they may be called upon by the owner or owners of 
 any lands to survey, so as to correspond with and be parallel to that 
 boundary line of the concession in which such lands are' situate, from 
 whence the lots are numbered as aforesaid, provided always, as afore- 
 said, that such division or side lines were intended, in the original sur- 
 vey performed under such competent authority as aforesaid, to run 
 parallel to the said boundary ; Provided also, that when that end of a 
 concession, from which the lots are numbered, is bounded by a lake or 
 river, or other natnral boundary, or when it has not been run in the 
 original survey performed vnder such competent authority as aforesaid, 
 or when the course of the division or side-lines of the lota therein was 
 not intended in the original survey performed as aforesaid, to run par- 
 allel to such Boundary, the said division or side-lines shall run parallel 
 to the boundary line at the other extremity of such concession, provided 
 their course was intended, in the original survey performed as aforesaid) 
 to be parallel thereto, and that such boundary line was run in the origi- 
 nal survey ; Provjded further, that when in the original survey, per- 
 
 ¥ 
 
 fe 
 
City, Town 
 ■ roncls, street 
 (hall bo and 
 e bomidarips 
 ml (ill Laiiil 
 ty, Town or 
 10 rules and 
 ired of them 
 
 H of land in 
 
 d individuals 
 
 ps, tracts or 
 
 ereof: Be it 
 
 ips, tracts or 
 
 are hereby 
 
 tne force and 
 
 of had been 
 
 lads or com- 
 
 s or blocks of 
 
 le same are 
 
 ind all lines 
 
 and all posts 
 
 original sur- 
 
 ioncession or 
 
 I be and the 
 
 e lines and 
 
 ommons, lot 
 
 nake surveys 
 
 quired to fol- 
 
 f such Town- 
 
 ireof, as is by 
 
 ips, tracts or 
 
 aforesaid. 
 
 idary line of 
 its are num- 
 course of the 
 oncessionsin 
 1 division or 
 under such 
 id boundary ; 
 1 division or 
 nr owners of 
 •allel to that 
 situate, from 
 ys, as afore- 
 original sur- 
 said, to run 
 hat end of a 
 by a lake or 
 I run in the 
 as aforesaid, 
 therein was 
 to run par- 
 run parallel 
 ion, provided 
 as aforesaid, 
 in the origi- 
 Burvey, per- 
 
 SURVEYS AND nOUNDARIES. 
 
 forrned under such coin])i!tt'nt autliniilyn s aioresaid, the oourso of the 
 division or sido-linos in any onncos.siori was nnt intumli'd to bo parallel 
 to tho boundai y lino at jmIIkt end of .'ueli CnncL-.-^siicin, tliey shall bo run 
 at such an;L(lo with tho cnin'so of tho boniulaiy lino at that end ot the said 
 concession from which tho lots aro nuinhorod, as is stated in tho plan 
 and field-notos of 'ho ori:,'inj.l .iinvt'y, ol' record in llie ollico of tho Com- 
 missioner of Crown Kands of this Province, pro ided snoh line was 
 run in the ori^^inal survey as aforesaid, or with tho course of tho bound- 
 ary lino at the otiior extroniity of tho suid eoneossion, if tho boundary 
 at that end of tho concession from which tho lot-" aro numbered was not 
 run in tho original survey as afoiosaid ; or if neither of tho aforesaid 
 boundaries of tho concession were run in tho original survey, or if it be 
 bounded at each end by a lake or river or other natural boui.dary, then 
 at such tiU'jJn with tiio course m'iIio line in front of tho said concession, 
 as is stated in the plan and (iolil-notos as aforesaid : Provided neverthe- ProvUo. 
 less, that if any division or side-line between lots, or proof-lino inteiided 
 to be parallel to the division or side-lines between lots, shall have been 
 drawn in any such concession in the original survey thereof, the divi- 
 sion or side-lines between tho lots therein shall be drawn parallel to 
 such division or side-line or proof-lino; and when two or more such 
 division or side-linos or proof-lines have been drawn in the original 
 survey of such concession, that division or side-line or proof-line whi( h 
 is nearest to the bouiulary of the concession from which tho lots aro 
 numbered, and shall govern the course of the division or side-lines of 
 all the lots in such concession between the boundary of the concession 
 from which the lots aro numbered and the next division or side-line or 
 proof-line drawn in the oriixinal survey, which shn'.i govern the course 
 of the division or side-lines of ad the lots up to the next division or 
 side-line or proof-line drawn in the original survey ; or to the boumlary 
 of the concession towards which the lots are numbered, as the case may 
 be : Provided further, that in all those townships in Upper-Canada, Proviso, 
 which in the original survey have been diviiled into sections, airreeably 
 to an Order in Coinicil bearinji date the twenty-seventh day ot March, 
 one thousand eiirht hundred and twenty-nine, the division or side-lines 
 in all concessions in any section shall' be governed by the boundary 
 lines of such section, in like manner as the division or side-lines in 
 townships originally surveyed before the said day are governed by the 
 boundary lines of the concession in which the lots are situate. 
 
 XXXVI. And be it enacted, That the front of each concession in 
 any Township in Upper-Canada, where only a single row of posts has 
 been planted on the concession lines, and the lands have been described 
 in whole lots, shall be considered to be, and the same is hereby declared 
 to be that end or boundary of such concession which is nearest to the 
 boundary of the township from whicli the several concessions thereof 
 are numbered : Provided always, that in those townships in Upper- 
 Canada, which aro bounded in front by a river or lake whore no posts 
 or other boundaries wore planted in tht! oriirinal survey on the bank of 
 snch river or lake to regulate tlie witlth in front of the lots in the broken 
 front concessions, tho division or side-lines of the lots in such broken 
 front concessions shall be drawn from the posts or other boundaries on 
 the concession line in rear thereof, parallel to the governing line deter- 
 mined as aforesaid to the river or lake in front: Provided also, that 
 when the lineinfront of any such concession has not been run inthe origi- 
 nal survey, the division or side-lines of the lots in such concession shall 
 be run from the original posts or monuments placed or planted on the 
 rear line thereof parallel to the governing line determined as aforesaid 
 to the depth of the concession — that is, to the centre of the space con- 
 tained between the lines in front of the adjacent concessions, if tho 
 
 233 
 
 VVtiat sIihU lie 
 (Ifcnieri the front 
 or n concession 
 In certain eases. 
 U. C. 
 
 Proviso : when 
 ttie front line or 
 nny concession 
 was not run in 
 tlie original sur- 
 vey. 
 
 m 
 
 m 
 
 inmr*<^l 
 
234 
 
 '! 
 
 
 1 
 
 Fronli of con- 
 eniiionii in cfr- 
 taln other en«ei ; 
 dontliH of lot», 
 fte. U. 0. 
 
 AitoeoneeMiona 
 in entea where 
 aliernnte eoiicei- 
 ■ion lincBonly 
 have beea run. 
 U.O. 
 
 Rule when aline 
 in to b(^ drawn 
 pa rn I lei to a 
 governing line. 
 
 Caie where the 
 originni post or 
 monument can- 
 not be found pro- 
 videUfor. U.C. 
 
 HURVKYS AND BOUNDARIES. 
 
 concoKsionn wore inteMided iit iho oriirinnl «iiivey to be of nn equal 
 (leptfi, or if tliny wciw not no inloiulfd, lluni to the proportionate dt-ptli 
 iiiluriilcd ill lhn ori^iiiiil Niirvoy, nr< Nhewri on the plan and liold-nott's 
 theieof of rt!Cord in tlio Ollice of the Commissioner of Crown Lnnds 
 of this Pidvince, having dan rospect to nny allowanco for a roml or 
 roads made in llio orijrinul siMrvoy ; and that a straight line joining the 
 extremitit'Hof tho division or sido-lineH of any lot in such coticossion 
 drawn as aforesaid, shall be the true boundary of that end of the lot 
 which has not boen run in the original survey. 
 
 XXXVII. And be it enacted. That in those Townships in Upper- 
 Canada in which the conceHsions have boen surveyed with double 
 fronts, that is, with posts or monuments planted on both sides of the 
 allowances for roads between the concessions, and the lands shall have 
 been desciibed in half lots, the division or side-lines shall be drawn 
 from the posts at both ends to the centre of the concession, and each 
 end of such concession shall be, and the same is hereby declared lo be 
 the front of its respective half of sucn concession, and thai a straight 
 line joining the extremities of the division or side-lines of any half lot 
 in such concession, drawn as aforesaid, shall be the true boundary of 
 lp\t end of the half lot which has not been bounded in the original 
 survey. 
 
 XXXVIII. And be it enacted, That in those Townships in Upper- 
 Canada in which each alternate concession line only has been run in 
 the original survey, but with double fronts as aforesaid, the division or 
 side-lines shall be drawn from the posts or monuments on each side of 
 such alternate concession lines to the depth of a concession, that is to 
 the centre of the space contained between such alternate concession 
 lines, if the concessions were intended in the original survey to be of 
 an equal depth, or if they were not so intended, to the proportionate 
 depth intended in the original survey, as shewn on the plan and lield- 
 notes thereof of record in the office of the Commissioner of Crown 
 Lands of this Province ; and each alternate concession line as aforesaid 
 shall be and the same is hereby declared to be the front of each of the 
 two concessions abutting thereon. 
 
 XXXIX. And be it enacted. That every Land Surveyor, when and as 
 often as he is employed in Upper-Canada to run any division-line or 
 side-line between lots, or any line requiied to run parallel to any divi- 
 pion-Iine or side-line in the concession in which the land to be surveyed 
 lies, shall, if it has not been done before, or if it has been done, but the 
 course cannot at such time be ascertained, determine by astronomical 
 observation the true course of a straight line between the front and 
 rear ends of the governing boundary line of the concession or section, 
 and shall run such division-line or side-line as aforesaid, truly parallel 
 to such straight line, if so intended in the original survey, or at such 
 angle therewith as is stated in the plan and field notes as aforesaid, 
 which shall be deemed to be the true course of the said governing or 
 boundary line for all the purposes of this Act, although such governing 
 or boundary-line as marked in the field be curved or deviate otherwise 
 from a straight course ; and the same rule shall be observed, if a line 
 is to be run at any angle with a front line or other line, which may not 
 be straight. 
 
 XL. And be it enacted, That in all cases when any Land Surveyor 
 shall be employed in Upper-Canada to run any side-line or limit be- 
 tween lots, and the original post or monument from which such line 
 should commence cannot be found, he shall in every such case, obtain 
 the best evidence that the nature of the case will admit of, respecting 
 such side-line, post or limit; but if the same cannot be satisfactorily 
 
 iJ 
 
SURVEYS AND BOUNDARIES. 
 
 236 
 
 f nn equal 
 )niite <lfplli 
 
 liulil-iiolf.'s 
 own Liituls 
 
 a road or 
 joining the 
 coticusHion 
 
 of the lot 
 
 in Upper- 
 krith double 
 ides of the 
 H shall have 
 I be drawn 
 and each 
 dared to be 
 I a straight 
 my half lot 
 )oundary of 
 :he original 
 
 in Upper- 
 )een run ia 
 
 division or 
 ach side of 
 
 that is to 
 
 concession 
 oy to be of 
 roportionate 
 1 and iield- 
 r of Crown 
 as aforesaid 
 each of the 
 
 vhen and as 
 sion-line or 
 to any divi- 
 be surveyed 
 one, but the 
 stronomical 
 B front and 
 
 or section, 
 ily parallel 
 
 or at such 
 9 aforesaid, 
 jverning or 
 . governing 
 3 otherwise 
 i, if a line 
 !h may not 
 
 d Surveyor 
 ir limit be- 
 1 such line 
 jase, obtain 
 , respecting 
 latisfactorily 
 
 asoortained, thf'n the Surveyor shall men.sure the true dintanco between 
 the neaie.st uiulisputeil pottts, li(iiil« or moiiutnerit.-., iiml diviilo such 
 (iistunou into such iiumbei uf lots as the suinu contuined in the oiii^iuul 
 survey, assigning to each a breadth piunurlionute to that inttuul'-d in 
 such original .survey, as shewn on the plan and lield-notus tin reuf of 
 record in the ollicu cf the Commissioner of Crown Lands ot' this 
 Province; and if any portion of the line in front of the concosHioii in 
 wliich sucii lots are situate, or boundary of the Township in which such 
 concessions are situate, intended in the original «urvoy to be straight, 
 shall be obliterated or lost, then the Surveyor shall run a straight line 
 between the two nearest points or places where such line can bo clearly 
 and satisfactorily ascertained, and shall plant ali "uch intermediate 
 posts or monumunts as he may be required to plant, in the line so ascer- 
 tained, having due respect to any allowance for a road or roads, common 
 or commons, set out in such original survey ; and the limits of each lot 
 so found shall bo taken to be and are hereby declared to be, the true 
 limits thereof; any law or usage to the contrary thereof in any wise 
 notwithstanding. 
 
 XLI. And whereas many Towns and Villages in Upp r-Canada have 
 been surveyed and laid out by companies and individuals, an,' by dif 
 ferent owners of the lands comprising the same, and lands have been 
 sold therein according to the surveys and plans thereof: Be li ther - 
 fore enacted, Tliat all allowances lor road, street or streetv, oommo. or 
 commons, which have been surveyed in such Towns or Villaged in 
 Upper-Canada, and laid down on the plans thereof, and upon which 
 lots of land fronting on or adjoining such allowances for roa(l, street or 
 streets, common or commons, have been sold to purchasers, shn'l be 
 and the same are hereby declared to be public highways, stree i v.id 
 commons ; and all lines which have been run, and the courses herecf 
 given in the survey of such Towns and Villages, and laid down on the 
 plans thereof, and all posts or monuments which have been placed or 
 planted in the first survey of such Towns and Villages to designate or 
 define any such allowances for road, street or streets, lot or lots, common 
 or commons, shall be and the same are hereby declared to be the true 
 and unalterable lines and boundaries of all such allowances fo- such 
 road, street or streets, lot or lots, common or commons, in such Towns 
 and Villages, respectively : Provided always, that no lot or lots of land 
 in such Towns and Villages, shall be so laid out as to interfere with, ob- 
 struct, shut up, or compose any part of any allowance for road, common 
 or commons, which was surveyed and reserved in the oriijinal survey of 
 the Township or Townships wherein such Towns or Villages are or 
 may be situate : Provided also, that any owner or owners of any such 
 Towns and Villages, or the owner or owners of u y .riginal division 
 thereof, shall have lawful right to amend or aitet :; lii3t survey and 
 plan of any such Town or Village, or any original particular division 
 thereof, provided no lots of land have been sold fronting on or adjoining 
 any street or streets, common or commons whpre such alteration is re- 
 quired to be made : Provided also, that from and after the passing of 
 this Act, no such private survey shall be . and, unless performed by a 
 duly authorized Surveyor. 
 
 XLII. And be it enacted, That the original owner or owners of the 
 lands forming the site of any Town or Village in Upper-Canada, men- 
 tioned in the next preceding Section of this Act, or the agent or agents, 
 heirs or other legal representatives of the original owner or owners of 
 any such Town or Village, or any original division thereof, shall, within 
 one year from and after the passing of this Act, make or cause to be 
 made and deposited in the Registry OfFice of the County wherein such 
 Town or Village is situate, a fair and correct plan or map of such Town 
 
 Recital. 
 
 Ai to allowance* 
 for roadorii'cein 
 III To-- nor Vll 
 lai{e» wd out by 
 iiriva.. nrtlei. 
 U r. 
 
 rroviio. 
 
 Proviio. 
 
 Proviio. 
 
 Orii;innI owner* 
 ortlieiriieir8,&e. 
 to (lepoBit plans 
 of TowDs, tee. 
 Vilinges Injdout 
 by them. U. 0. 
 
236 
 
 SDRVEYS AND BOUNDARIES. 
 
 If' 
 
 i 
 
 Plan to be certi- 
 fied. 
 
 Pennlty for neg- 
 lect. 
 
 Effect of payment 
 of any penalty. 
 
 Recovery and 
 application of 
 penalties. 
 
 8 Vic. c 58. 
 
 Duty of tlie Re- 
 gistrar in whose 
 office any sucli 
 plan sball be de- 
 posited. U. C. 
 
 As to lands in 
 adjoining con- 
 ceijsions includ- 
 ed in the same 
 grunt. U. C. 
 
 or Village, or original division thereof, on d scale of not less than an inch 
 lo every four chains, and lay down thereon, or cause to be laid down 
 thereon, all roads, streets, lots and commons within the same, with the 
 courses and width of the roads, streets and commons, and the width and 
 length of all lots, and the courses of all division-lines between the re- 
 spective lots within the same, together with such information as shall 
 show the lot or lots, concession or concessions, tract or tracts, block or 
 blocks of land of the Township wherein such Town or Village shall be 
 situate, and every such plan or map of every such Town or Village or 
 original division thereof, shall be certified by some Land Surveyor, and 
 also by the original owner or owners thereof, or the legal representative 
 or representatives of such owner or owners, as being a correct plan or 
 map of the same ; and every copy of such plan or map obtained from 
 such Registry Office, and certified as correct by the Registrar of such 
 County, shall betaken as evidence of the original plan and survey of 
 such Town or Village in all Courts of Record; and if any such owner 
 or owners of any such Town or Village, or any wiginal (iivi,<ion thereof, 
 or their agents, heirs, or other legal representatives, shall refuse or neg- 
 lect to make or cause to be made, any such plan or map of any such 
 Town or Village, or original division thereof, and deposit the same in a 
 Registry Office of the County wherein the same is situate, within one 
 year from and after the passing of this Act, he, she, or they shall forfeit 
 and pay for such refusal or neglect, the sum of two pounds ten shillings, 
 and a like sum for every year thereafter until such plan or map shall be 
 made and deposited in the Registry Office of the County wherein the 
 same is situate ; and the payment of any such penalty or penalties shall 
 not be held lo free or discharge such owner or owners, their agents, 
 heirs or other legal representatives, from any such penalties which may 
 not have been paid at the time of such payment ; and all such penalties, 
 fines, and forfeitures may and shall be collected in the same manner 
 and applied to the same purposes as like penalties, fines and forfeitures 
 are required to be collected and applied under and by authority of the 
 sixth and seventh Sections of the Act passed in the eighth year of Her 
 Majesty's reign, ami intituled, An Act to declare certain Lams in Upper- 
 Canada liable lo Assessment, and to oblige the owners oj suck Lands to make 
 Returns thereof to the District Treasurer. 
 
 XLIII. And be it enacted, That whenever any such plan or map of 
 any such Town or Village, in Upper-Canada, or original division there- 
 of, shall be made and deposited in the Registry Office of the County 
 wherein the same shall be situate, it shall be the duty of the Registrar 
 of such County to make a record of the same, and enter the day and 
 year on which the same shall be deposited in his otiice ; ann for such 
 service the said Registrar shall be entitled lo charge tiie isiime fees, and 
 no more, than are by law established for making a record of at y other 
 document, which is by law required to be enleretl of record in such of- 
 fice; antl such Registrar shall thereupon keep a separate book for the 
 registering of title deeds of lands shuale in such Town or Village, in 
 the same manner as is by law required for registering of title deeds for 
 lands situate in Townships. 
 
 XLIV. And for avoiding all doubt as to the application of the forego- 
 ing enactments in the cases hereinafter .neiilioned : Re it declared and 
 enacted, That in all cases where any Letters Patent of giant, or other 
 Instrument, has issued for several lots or parcels of land in Upper-Ca- 
 nada, in concessions adjoining eacli other, the side-lines or limits of the 
 lots or parcels of land therein mentioned and expressed, shall commence 
 at the front angles of such lots or parcels of land respectively, and shall 
 be run as hereinbefore provided, and shall not continue on in a straight 
 line, through several concessions, unless the side-lines or limits, when 
 
\ 
 
 ihan an inch 
 )e laid down 
 me, with the 
 
 he width and 
 ween the re- 
 ition as shall 
 icts, block or 
 la^re shall be 
 or Village or 
 iurveyor, and 
 epiesentative 
 )iiect plan or 
 btairied from 
 istrar of such 
 itid survey of 
 ' such owner 
 ision thereof, 
 efuse or neg- 
 ) of any such 
 he same in a 
 ), within one 
 f shall forfeit 
 ten shillings, 
 map shall be 
 
 wherein the 
 enalties shall 
 their agents, 
 s which may 
 ich penalties, 
 >ame manner 
 :nd forfeitures 
 thority of the 
 :i year of Her 
 •nas in Upper- 
 Lands to moke 
 
 Ian or map of 
 
 ivision there- 
 )f the t'ounty 
 the Registrar 
 the day and 
 aiKi for such 
 ime teas, and 
 1 of ai y other 
 i\l in such of- 
 ! book for the 
 or Village, in 
 title deeds for 
 
 of the forego- 
 declared and 
 rant, or other 
 in Upper-Ca- 
 r limits of the 
 till commence 
 Biy, and shall 
 1 in a straight 
 limits, wherx 
 
 SURVEYS AND BOUNDARIES. 
 
 run as aforesaid, shall intersect the corresponding post or monument in 
 the front of the conce.ssion next in rear, that is to say, each such lot or 
 parcel of land shall be surveyed and bounded according to the provi- 
 sions of this Act, indepeinkMitly of the other lots or parcels mentioned 
 in the same grant or instrument. 
 
 XLV. And be it enacted. That each and every Land Surveyor in 
 Upper-Canada shall keep exact and regular journals and field-notes of 
 all his surveys, and file them in the order of time in which the saitl 
 surveys have been perfoimeil, and shall give copies thereof to the par- 
 ties concerned when so required, for which he shall be allowed the sum 
 "*" live shillings currency, for ouch copy, if the number of word^ there- 
 1 do not exceed four hundred words, but ii the number of words therein 
 exceed four hii/ulred, he shall bo allowed six pence additional for every 
 hundred words therein, over and above four hundred words. 
 
 XLVI. And be it enacted, That for better ascertaining the original 
 'i nits of any lot, concession, range, township or tract of land in Upper- 
 Canada, every Lanil Surveyor acting in that portion of this Province, 
 shall be and he is hereby anthori/ed and required to administer an oath 
 or oaths to each and every person whom he may examine at any time 
 concerning any boundary, po^t or monument, or any original land mark, 
 line, limit or angle of any township, concession, range, lot or tract of 
 land which such Stirveyor may be employed to surrey. 
 
 XLVII. And be it enacted. That all evidence to be taken by any 
 Surveyor as aforesaid, in Upper-Canada, shall be reduced to writin-x, and 
 shall be read over to the person giving the same and signed by surh 
 person, or if he cannot write, he shall acknowledire the same as correct 
 before two witnesses, who shall sign the same with the Surveyor ; and 
 such evidence shall, and any document or pian prepared iind sworn to 
 as correct before a Justice of the Peace, by iuiy Surveyor, with rciference 
 to any survey by him performed, may be filed and kept in the Keaisiry 
 Office of the County in which the lands to which it relates shall Ik! situ- 
 ate, subject to be produced thereafter in evidence in any Court of Law 
 or Equity within tJppor-Canaila; and f.ir receiving and liliiiij tii(> same, 
 the Registrar shall be entitled to one shilling' and three pence cnrrenry; 
 and the expense of filing the same shall l»e borne by tiie parties in the 
 same manner as other expenses of the survey. 
 
 XLVIII. And be it enacted. That if any person shall, in any pnrt of 
 this Province, wili'ully swear or ullirm falsely concerning any matter 
 ■whh regard to which an oath may be required under this Act, such per- 
 son shall be deemed guilty of wilful and corrupt perjury, and being 
 thereof convicted before any competent Court shall be liable to be pu- 
 nished accordingly. 
 
 XLIX. And be h enacted. That if any action of ejectment shall be 
 brought iigainst any per<-on or persons, who, after any line or limit shall 
 have Been established according to this Act, in Upper-Canada, shall be 
 found, in consequence of unskilful survey, to have improved on lands 
 not his, her or their own, it shall and may be lawful for the Judge of 
 Assize, before whom such action shall have been tried, to direct the 
 Jury to assess such damniies for the defendant or {h.'fendants for any loss 
 he, she or they may sustain in consequence of any improvement made 
 before the commencement of such action, and al<o to asses^i the value 
 of the land to be recovered ; and if a verdict shall be found for the plain- 
 tiffor plaintilFs, no Writ of Possession shall issue until such plaintiff or 
 plaintiffs shall have tendered or paid the amount of such darnaues as 
 aforesaid, or shall have olfereil to release the said land to the defendant, 
 
 firovided the said defendant should pay or tender to the plaintiff the va- 
 ue of the land so assessed, before the fourth day of the ensuing term. 
 
 R 
 
 237 
 
 Purveyors in U. 
 (". 10 kt'ep ri'j;u- 
 l.ir Jouriiiil:* .'111(1 
 liclil-iiuics, mid 
 fiiniisli coiiies to 
 jiarties iiiieresi- 
 t-(l. 
 
 Surveyors in IT. 
 C. limy ailiniiiis- 
 ter oiillis for cer- 
 tain purposus. 
 
 Kvidenop fnttrii 
 liy Surveyors in 
 I'. ('. to tie re- 
 iliireil to wriliiia 
 ciiiii iiii>iiciJ ; &:c. 
 
 Wilful fntse 
 swciirini,' under 
 tins Act to lie 
 perjury. 
 
 As to cases in 
 
 U ('. WlHTC 
 
 from iin8l<ill°iil 
 purvey n parly 
 niav li:ive iin- 
 priived lands nf- 
 tcrwards found 
 to lieloiig to his 
 nci^liliQur. 
 
»■. 
 
 T' 
 
 238 
 
 Plaintiff not to 
 tiavc cotila ill 
 such cases from 
 the Hint' tleCeiiil- 
 niilolti-TH to (.'Ive 
 up tlie IiiikU on 
 rt'ceiviiinthe va- 
 lue of Ills iiii- 
 proveiiieiits, Pta- 
 tiiig ttieiiiiioiint. 
 Unless the Jury 
 shnll assess the 
 improveinunts at 
 less thnn the 
 8um demanded. 
 Proviso; that no 
 proof of Plain- 
 tiff's Lessor's 
 title be required. 
 
 IMPERIAL DUTY ON TAVERN LICENSES. 
 
 L. And be it enacted, That from and after the passing of this Act, irt' 
 all cases in which the Jury before whom any action of ejectment shall 
 be tried in Upper-Canada, shall assess the damages for the defendant 
 as provided in the next preceding section, for improvements made upon 
 land not his own, in consequence ofunskilful survey, and when it shall be 
 satisfactorily made to appear that the defendant does not contest the 
 plaintiff's action for any other purpose than to obtain the value uf the 
 improvements made upon the land previous to the alteration and esta- 
 blishing of the lines according to law, it shall and may be lawful for 
 the Judge before whom such action shall be tried, to certify such fact 
 upon the record, and thereupon the defendant shall be entitled to the 
 costs of the defence, in the same manner as if the plaintiff had been 
 non-suited on the trial, or a verdict rendered for the defendant; provided' 
 the defendant shall, at the time of entering into the consent rule, have 
 given notice in writing to the lessor or lessors of the plaintiff in such 
 ejectment, or to his Attorney named on the Writ or declaration of the 
 amount claimed for such improvements, on payment of which amount 
 the defendant or person in possession will surrender the possession to 
 such lessor or lessors, and that the said defendant does not intend at the 
 trial to contest the title of the lessor or lessors of the plaintiff; and if 
 such notice shall on the trial be found not to have been given as afore- 
 said, or if the Jury shall assess for the defendant a less amount than that 
 claimed in the notice, or shall find that the defendant has refused to sur- 
 render possession of the land claimed, after tender shall have been 
 made of the amount claimed, then in any of such cases the Judge shall 
 not certify, and the defendant shall not be entitled to the costs of the 
 defence, but shall pay costs to the plaintiff; any thing herein contained 
 to the contrary notwithstanding ; Provided always, that upon the trial of 
 any such cause no evidence shall be required to be produced in proof of 
 the title of the lessor or lessors of the plaintiff. 
 
 TAVERN LICENSES 
 
 THE IMPERIAL DUTY. 
 
 (WDE ACT 13 if 14 VIC, CAP. 65, PAGES 185 to 188.) 
 
 rmperial Act, 14 
 6to. III. cap. ee. 
 
 EXTRACT FROM A CtRCULAR FROM THE INSPECTOR GENERAL'S 
 DEPARTMENT TO REVENUE INSPECTORS, 
 
 Dated 11th February, 1S51. 
 
 " Some doubts appearing to be entertained by the Revenue In- 
 spectors and others as to what amount in Currency is to be taken by 
 them for the duty of 36s. sterling, on each Tavern License imposed by 
 the Imperial Act 14, Geo. 3, cap. 88. 
 
 I am directed to refer you to the 3rd clause of the Provincial Act, 
 3 & 4 Vic, cap. 93, regulating the Currency of this Province, by which 
 it is provided '* that nothing in ttiis Act shall affect the meaning to be 
 " affixed to the words " Sterling," " Sterling Money of Great Britain," or 
 " other words of like import in any law in force in this Province, or any 
 '* part thereof, when this Act shall come into force, or in any contract or 
 " agreement then made therein, but any such law, contract, or agreement 
 
this Act, in' 
 Jtment shall 
 9 defendant 
 i made upon 
 m it shall be 
 contest the 
 value (jf the 
 on and esta- 
 e lawful for 
 fy such fact 
 ititled to the 
 iff had been 
 nt; provided' 
 it rule, have 
 ntiff in such 
 ration of the 
 hich amount 
 jossession to 
 intend at the 
 ntiff; and if 
 van as afore- 
 )unt than that 
 ifused to sur- 
 11 have been 
 3 Judge shall 
 ) costs of the 
 sin contained 
 }n the trial of 
 ed in proof of 
 
 IMPERIAL DUTY ON TAVERN LICENSES. 
 
 " shall be construed according to the intention of the Legislature, or of 
 " the partib? who made the same, &c." 
 
 As at the time the Provincial Act above cited came info operation, 
 the Act of the Imperial Parliament 3 Geo. 4, was in force in this 
 Province, and 36s. sterling was then equivalent to 403. currency, there- 
 fore this latter sum is the amount of duty to be exacted by you on each 
 Tavern License, as imposed by the Imperial Act abovementioned ; over 
 and above which you are also to receive payment of such amount of 
 additional duty as may be imposed by any Municipality, within the 
 County or Counties in which you act. 
 
 239 
 
 ifmpcri'nl'Dut'/, 
 408. Currency. 
 
 s. 
 
 3 to 188.) 
 
 :neral'S 
 
 levenue In-' 
 
 30 taken by 
 
 imposed by 
 
 ivincial Act, 
 3e,by which 
 ling to be 
 t Britain," or 
 irince, or any 
 y contract or 
 )r agreement 
 
 PKUNXED Iiy HUGH SCODIE, Kl.NG STREET, TORONTO. 
 
' i. 
 
 i ' 
 
 '( 
 
 if 
 
1 : 
 
 /4 
 
1 
 
 Vh * ' 
 
 I 
 
 {: 
 
 m 
 
 I ! 
 
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 HUGH 
 
 Bo^lii^ and Stationer, Printer, BcN>k1>ind^ lidi^ 
 Gtfpifpiate and Wood fingraveC&e^ 
 
 A^DBIiAID,)^ PU&JIINGS, 16. KINO STB»B1! 
 
 .....iiieniV'"' 
 HStiMi* fu pricM 
 
 'i^^^'otMM bttilBMf.T>e !• bluer enablirt toTpni^ |hiMI«| wwil^ 
 
 ■^fif *■ 
 
 tkvoar. Wuiithe 
 
 **BGSi«kol^38o{Srttn3 ISTATIONBRT !• at nil time* varied and eiJentlTO. 
 vHPSm NMte^q|><*l<»<> »n «>« he* nwrkeu. and on ihe mort favourable lerm.. 
 hSnSSlSaSSSmYotk, fcc, to the fpeciol ordarof parties, when desired. 
 
 l?th?lSB»T7Ko'DBPAifMBIf5rcare 1# token «» "ili^- ^'w^i.^i'^oSSiS 
 deiedMMi'or Type i and te is at all times prepared to execu|e Orders for Plain end Ornaq 
 SmS WbraflehwT irtMhiMM and expedition. And on the most rewonaWe «'"-•. .^, 
 
 Ttee l5SoK«INDw4^DI»ABtMEKt is equals weU ««W*«> «»««'«> ^"PJ^JHtX 
 Fancy Binding exeeOted to order, In the very best and most wbaimtial style. Attached to ttt 
 eu^rlorBoffilomottlKB, by which fiooks qjid other bhtolt work ate weettted to anjf 
 
 ThTLtl^iBESii^^ia^^ w«>"W tbeatientlon ofall requlrTng; 
 
 •f irork. i^£m^, Oniirts, Olagrams. Laodaeapea. Porlralie, Circulars. Bank Cheques. Mo 
 cieeuied onliliSwioMwiiioliee. at a price tit below ittatof Bngravlog on Clipper of^Stee). and ln| 
 
 "*c5?P|S^AatK and'vSoOD BNGRAVINO executed to order, and printed eltl^or flfom the' 
 Com, Of 7hy being tfan«ftnwi)fW»m the Stone, nt the option of parlies. _i .„j,.l 
 
 OrdenJii every deparunoni of the business, will be at all tim^s proinpily atlandedto-, and It 
 be tii»«aMKJUit aim of the Subscriber, to merit a continuance of the very ezteksive and I 
 Mj^ jifUK wkteti b^ has-been taowmred. by tiwdoe observance of promptitudb and ecoi 
 
 HUGH^ 
 
 TO A DVERTIS EfiSn j 
 
 1« CIQ B I E ' S C A N A BJ A N ALMJ^ 
 
 PRESBirrs unrivalled cdvanttiffes to Advertisers. There were 85(^1^00 COPIES I 
 AliMAIfAO FOB 1851, nml in ths course of a few weeks the «nole were aold—tc 
 contlnuinK without the meansof supplyinc ii. This has IiMuceil the pulilishlw to eidanio the ! 
 aceordlnoiy Intends printing 40,000 COPIES of tlieAEiHIANAe IFOR 1&53. No oth^ 
 British Iforth AnierteaenJa4rssotari{ea circulation, as tlie Canadiam Jmitnmeitmi It tm evil 
 the best medium for advertislnt in the rrtfvinee. An edition of 40.«00 eopie% spread oirer the 
 in the houses andplaies of buslnef? of the tnhabltnnt*, and retained for dady ivftrence d 
 miiet cooKiimder the notice of at leaat *Jnii,U0O persons.. Tiie ratefof Adrertisihgln th«i<{M<j 
 aeeoant the lane eireulatloM, are less in proportion than the ordinary rates ibr advenietng^ 
 Tbay ore tlie following 1^ 
 
 Vprt' whole page. .......... ....... XIO •IFaf a quarter .page. ...,..•••... i 
 
 F«railuri|£pBge. . . >.<«... SO { For ah elghih^f a pdjge.. ...«...-.' 
 
 FaftieTate requested to send In their lutveniaeiguliifa t<i the- Pol^ii^er on or bdbtsJB ike let 
 All letter* must he post-paid. ^r»^'&*^-n^^ 
 
 Torototo, March, 1851. 
 
 A Bi-weekly Newspaper, paUiahed at lotaajbo, Upper Canada, by B 
 
 ON TUESDAY AND FRIDAY WOBNINeS^ 
 
 Alto TKA|isKirran by tbb earuest kails or otbbk oomriTAHO*. ! 
 
 i 
 
 Tnuts ^-Xl 08.,' Ourrencr, per annum, less the Postece to (Touniry flubscrlbers. AdveAlsem^ 
 for the first insertion, and Id. per line for each repetition. 
 
 THE BRITISH COT^OMIST has enjoyed the eonflrfenee of the Cansdian Public for the pn^ 
 and no exertions will be spared to'render it worthy of a continunnce of the vei7 jiberal sui 
 been heretofore extnndecl to it. It will always contain the latest news by Telegraph, by Exp 
 Mailf; and the Rreatcst care will conU»«iato be bestowed upon it. so as to r^dor It In « 
 acceptable Family and Business Newspaper, in its Literary, Commoreial, and Pinjlitteal arrangt 
 
 HUaH SCOBIE, 
 
AVOID ACCIDENTS 
 
 nJGHi 
 
 e very careful when pushing glass tubing through corks (this manual, 
 p. 17). 
 
 Always incline a test-tube in which a liquid is being heated away from 
 yourself and other students. 
 
 Never inhale poisonous fumes unnecessarily. The following sub- 
 stances, and all substances likely to j)roduc(! them, should be worked 
 with on the windward side of a good draft, or under the hood: CI 2, 
 Br 2, II 2S, NO2, ASII3, PII, IICN, PCI3. 
 
 Never grind a poisonous or corrosive substance, such as NaCN or 
 NaOil, in an incautious way. Put the handle of the pestle through 
 a hole in the center of a sheet of cloth or paper. If necssary, draw 
 down the door of a hood to protect the face. 
 
 Never stand unnecessarily clo.se to apparatus in which material is 
 being heated, or in which nnictions are being carried out. Always 
 light a hydrogen jet as directed on p. 57. 
 I 6. Never attempt to distil n inflammable liquid, such as carbon disul- 
 fide, benzene, ether, or alcohol by direct heating on a wire gauze 
 or over a bare flame. Use an electric heater or a water bath. 
 
 7. Be careful to use specified reagents and no others. If you substitute 
 
 potassium chlorate for potassium chloride, the result may be an 
 explosion. 
 
 8. All unauthorized experiments are strictly forbidden. 
 
 FIRST AID 
 
 le first aid shelf should include: 
 
 1. Bo.x, containing sterile bandage and cotton, adhesive tape, scissors, 
 
 tweezers, and medicine dropper. 
 
 2. Sodium bicarbonate solution (J per cent), to follow rinsing with water, 
 
 in the case of acid burns, or acid in eye. Burns with strong acids 
 should be treated immediately with a copious flood of water. 
 
 3. Saturated boric acid solution, to follow rinsing with water, in the case 
 
 of alkali burns, or alkali in eye. 
 
 4. Picric acid solution (05 g. of picric acid, dissolved in 75 cc. of 95 per 
 
 cent alcohol, and diluted to 1 liter with water). This solution is 
 to be applied to burns, after thorough cleansing. If the burn is 
 at all extensive, a physician must be consulted. 
 6. Milk of magnesia solution, to follow rinsing with water, in the case of 
 acid in mouth. 
 
 6. Tincture of iodine, for disinfecting small cuts. 
 
 7. Ferric chloride solution, for restraining bleeding from small cuts. 
 
 8. Wool blanket (especially in the organic laboratory) for smothering 
 
 fire in clothing. 
 
 9. Pail of sand, for extinguishing small fires. 
 10. H§e extinguisher (to be used only for serious fires, inside desks or 
 
 artitions). 
 
 FILL IN THESE BLANKS 
 
 |f first-aid shelf 
 
 st-aid physician 
 
 Phone 
 
 ation in this building