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M » (3R3r(0 I '¥ SCHOOL TRUSTEES, SCHOOL HOUSES, 8u5. /. -"^«p- do All the heretofore called Common School Districts on record By-Law. Feb. 1847. in the Western District, are now called School Sections, accord> ing to the Statute in such case made and provided. In each and every instance when it shall be deemed necessary by any portion of the J.'habitants of a School Section to make any alteration, or make any new Section from one or more Sec- tions, it shall in such case be the duty of the Trustees of such School Section, or of any of the inhabitant householders residing within the said Section, to put up, in the most public places of such School Section or locality, at least twenty-one days before the meeting of the Council, three notices, in which shall be stated the limits of the proposed new Section, or the alterations intend- ed in any old Section; and that application will be made at the next sittings of the District Council for authority so to make or alter the same. Whenever it may be necessaiy that the Trustees of any School Section should raise a sum exceeding the amount of ten pounds, for the purpose of building, repairing, or furnishing any school- house, it shall be the duty of the said Trustees to put up a notice in at least three of the most public places, not less than twenty- one days before the meeting of the Council, within the said School Section, in which said notice iihall be stated the amount and for what purposes the same is to be expended, and that they intend to apply to the Council at its next session for a By-Law for rais- ing the same. Before it shall be lawful for any Schooi Trustees for any School Section in the Western District to procure a By-Law for the pur- poses aforesaid, it shall be the duty of the said Trustees to pre- pare and exhibit, for the approval of the District Council, a plan and specification of the proposed building, an estimate of the probable cost of the said building and its appendages, and the do do ffm^^jf^ do do COLLECTORS. sum required to be raised by such By-Law, together with a des- cription of the school site and the title had or to be had thereto. Before the Trustees of such School Section shall make any rate bill iFor the purpose of building, repairing, or furnishing any schoolhouse, or for the purchase of any school site, they shall pro- cure from the Township Assessor, who is required to furnish the same, af the rate of 28 6d, currency, for^every fifty names on the list furnished, a certified list of all real and personal property in the said School Section subject to assessment according to law in such case made and provided, and according to the then last as- sessment roll ; and such rate shall be after the following manner, that is to say — that when the rate is one penny per acre, it shall be one penny in the pound on all chattel property, and so in pro- portion, more or less; and that the same shall be collected accord- ing to the power given to the Trustees under the statute in such case made and provided: Provided always, That no more than one rate be, for the purposes by this By-Law provided for, impo- sed within the year; and that no petition shall be receivable un- der the provisions of this By-Law, which shall be signed by any other than the residents within such School Section or locality. All By-Laws heretofore passed under and by virtue of previ- ous School Acts, are repealed. By-Law. May, 1843. do COLLECTORS. The District Clerk shall extend the collection rolls in all cases. When the District Council shall have, by any By-Law, direct- ed any rate, toll or assessment for the purpose of defraying the expenses of said District, to be levied to or for any police or cor- porate tow:, or city, now or hereafter to be erected in the said District, it shall and may be lawful for the District Clerk, under the direction and supervision of the Warden, to divide and ap- propriate the same upon each and every person in the said assess- ment lists or rate rolls named, being liable to pay rates, according to their rateable property, real and personal, in accordance with anv law of this Province now or hereafter to be made for that OOLLKOTOKS. v^ith a des- 1 thereto, make any ishing any J shall pro- 'urnish the nes o!i the iroperty in I to law in len last as- ig manner, ;re, it shall so in pro- ted accord- ute in such more than for, impo- sivable un- tied by any locality. e of previ- n all cases, aw, direct- fraying the )lice or cor- in the said lerk, under ide and ap- said assess- I, according -dance with de for that purpose; and having ascertained the quota, dividend or sum of money for which every person is so assessed for the current yeai", the District Clerk shall transmit forthwith a certified copy of such assessment roll so rated and ascertained as aforesaid, to each and every collector within the District; and such certified copy shall be to each and every collector sufiicient authority for collecting the proportions or dividends within his township. « Each and every collector in this District, so soon as lie has re-^^-^*^j, ceived his collection roll, shall proceed with all due diligence to make his collections, and shall, at the end of each quarter from the receipt of his collection roll, transmit to the treasury all mo- neys collected by him up to that period ; and in ctiso of non-pay- ment of such moneys so collected by such collector during the intervals between such periods, at the end of each quarter as aforesaid, the said collector shall be liable to, and shall forfeit, a sum of not less than five shillings nor more than five pounds, to be recovered before any two justices of the peace, as required by law. In all cases where such collector shall have paid in the amounts '^° collected by him at the periods aforesaid, but shall not finally pay the balance due for amounts collected for the last period, nor com- pletely close his accounts with the Treasurer by producing the necessary vouchers on or before the said ordinary period requi- red by the Provincial Statute, he shall forfeit a like penalty, to be recovered in like manner as is last before mentioned. The Collector must lodge his bond with the Treasurer before i Vic. 21 5 is the July Quarter Sessions. Having lodged his bond, he must apply to the District Clerk 5 ". for the Collection Roll. The District Council may authorize the collector to collect the 4 ^^ sVic; 10 arrears of the previous year. If any person, rated in the assessment roll, shall refuse or ne- 1 Vic. 91 5^46 gleet to pay his rate for fourteen days after demand duly made, the collector may obtain a distress warrant from a magistrate, at any time after the first Monday in November. The collector is authorized to execute the warrant, and sell the goods and chattels, giving eight days notice of the sale, in three public places in the township, and he may retain out of the mo- ney arising from the sale, besides the amount of the rate, the sum 46. 54. 6/ COLLECTORS. §10. §19. of three sliillings aiul nine ponce, as Ii'ih fee for ninkliig llio dia- tress, advertising and soiling. If the occupant of any house, farm or tenement, shall have left the township, the collector may recover from the owner such part of the rate as is assessed upon the house or land, provided it is demanded fourteen days before the second Monday in December, And he may recover from the tenant the whole rate, although such tennrit may have loft the township. If the collector has not demanded the rate from any person assessed at least fourteen days before the thirty-fuHt of January, 'he is liable himself for the amount, and cannot claim abatement, by reason of his inability to collect the rate; but he may, never- theless, recover the amount from the person rated. »Oeo. ni.7 If any person shall bring a stone horse, covering marea for hire, into a township, after the assessment for the year has been made, the collector may, nevertheless, demand the rate for such horse, as if it had been duly returned on the assessment roll, unless the owner satisfy him, that the rate has been paid elsewhere. The collector must receive a certificate for the killing of a wolf, at the rate of thirty shillings, in the payment of rates. He is entitled to retain out of the rates collected, the following sums per centum upon the amount of his collection, viz : ^'i. owni. IV.99 1 Vic.31,§l8 If the rate is below £.50 £f5 Above 50 and under 100 7 10 Above 100 and under 150 ~ 5 Above 150 and under £200 £7 Al»ovo 200 and undor 250 6 10 Above £250 5 4fc5Vic.io When an election for Councillor is to take place at any ap- proaching township meeting, the collector is required to furnish the township clerk, at least six days before such meeting, with a certified list of all the inhabitant houceholders and freeholders, entered on the last assessment roll. fj^^ ASSESSORS. } the difl' I have left such part rided it is )ecembor, augh «uch ly person January, batoment, ly, never- ;a for hire, oen made, ich horse, unless the e. of a wolf, following ) £7 6 10 5 at any ap- to furnish ng, with a eeholders, Dhap. xciii.— 4 & S Victoria. Bi/ the above act the follmoing coins are a legal tenden-for the swum set forth in the following table, and received and paid out by the Treasurer at such value. CURRENCY TABLE. £, s, a. Uritisli Sovereign and Pound Sterling, 1 4.4 United States Eagle, coined before July lat, 1834, \ and weighing 11 dwts. and G grs. troy, 2 13 4 Do. do. coined after the above date, and before the year 1841, and weighing 10 dwts. 18 gra. troy, 2 10 Multiples or divisions of the al ovo coins, of pro- portionate weight, to pass for proportionate sums. In a payment above d£50, if required by either party, the gold coins of Britain, and the gold coins of the Uni- ted States coined before July 1st, 1834, to be a legal tender at the rate per ounce troy, 4 14 10 Milled dollar of Spain, dollar of the United States, Peru, Chili, Central America, and the States of South America and Mexico, weighing 17 dwts. 4 grs. troy, to bo a legal tender to any amount, o 1 Half dollars of the above proportionate weight, to be a legal tender to any amount, at 2 6A Quarter dollars as above. Is. 3d., eighth do. 7 l-2d., sixteenth do. 3 l-2d. The three last mentioned coins ar6 only a legal tender to the amount of 2 10 French five-franc piece weighing 16 dwts., r. ?egal tender to any amount at 4 8 British crown 68. Id.; British half crown Ss. l-2d.; British shilling Is. 2 3-4d.; British sixpence 7d. 3-lOth. (The four last mentioned are only a legal tender to the amount of 2 10 ASSESSORS. The assessors for each and every town and township oi this By-JUaw, District, when ordered by the Council, in assessing said towns and townships, shall place on the assessment rolls the names of 8 By-I>aw, Feb. 1»U). By-Law, Feb. IMtt. By-Law, Oct. 1646. A»HEUSOR8. each person liublo to assessment untl«r separate lieada, according to the locality or school division in which ho shall reside and is liable to be assessed, with the number of such school division or locality legibly placed at the head of the same in rotation. The District Clerk shall furnish the assessors aforesaid with correct descriptions of the school divisions and localities, to enable them to comply with the above provision. When any rate or assessment which is now, or may hereafter bo imposed by any By-Law, shall be in force, and ought to bo collected in the year for which the same may be imposed upon any piece, parcel or tract of land in the Western District, shall, fiomany cause, be suftered to remain in arrear and unpaid after the end of the present year in which the same became first paya- ble, the assessment on the same in force, under and by virtue of such by-law so remaining in arrear and unpaid, after the end of such year, shall bo increased the further sum of one halfpenny per acre on the amount of the rate and assessment of such year. It shall be incumbent upon all persons to make r. true return to the Assessor or Assessors of their respective townships, when required so to do, of all dogs owned by them; and in case of neglect or refusal to make such return, the person so refusing shall be subject to a fine of not more than five pounds, nor less than five shiUings, to be collected in the same manner as other fines and forfeitures are collected for neglect or refusal to make a true return of their rateable property by statute law; and that all such fines and forfeitures shall be applied towards the repairs of the roads and bridges in the several townships in which the same may be collected, in like manner as is provided for the ex- penditure of money for such purposes by the By-Law chapter three of the seventeenth session. It shall be the duty of each and every assessor for the several townships of the Western District to put up, before sending the original roll to the clerk of the peace, at the door of the several school houses in each township, a list or roll of the rate payers, with the amount of property they have severally returned to him as assessor in and for such school section. And where there is no school house in any section, he shall put up the list in the most public place in s -ch section: Provided, nevertheless. That the said assessor shall still be required to put up and exhibit as I I 1 - --^a^" m^ ^^mmmmmm ASSESSORS. according ide and is iivision or on. asaid with , to enable yr hereafter )ught to be josed upon itrict, shall, rjpiiid after first paya- »y virtue of the end of half penny \ such year, ue return to hips, when d in case of so refusing ids, nor less ner as other isal to make w; and that I the repairs n which the 1 for the ex- jaw chapter • the several sending the f the several rate payers, limed to him where there he list in the theless, That nd exhibit as , Names Number of each family. Deaf & Dumb a BR9 undi'i Sy'rs MilLES. 1 above 16 FEMALES of families. between .5(fe 16 under 5 y'rs bptween 5 & 16 above 16 O a He must make out a list of all lands in the Township, which are not included in the Assessment Roll. He must return to the Clerk of the Peace his Assessment Roll, signed and verified upon oath, the Census Roll, and the list of lands, before the April (.Quarter Sessions. The Assessor having returned h.d Roll according to law, is en- 2 provided by statute, a full copy of the assesament roll transmitted to the Clerk of the Peace. For the aforesaid lists each assessor ijhall receive, in addition to what ho is now e'ltitled to receive by statute or by-law, the sur of one shilling throe pence currency for each portion of his assessment roll so put up. The Assessor must apply to the District Clerk for blank i vie. «i 4 it forms, in which to enter hif Jissessment. He must make out liia roll between the first Monday in Janua* ry and the April Quarter Sessions. He must make j^ersonal application to each rateable inhabitant in the Township, and dcmiand from him a true list of all his land, tenements, and rateable personal property, which, together with his own property, ho must enter correctly on his Assessment Roll. If he has reason to believe, that any person is giving him a false or incorrect return of his property, he must nevertheless take the return as given to him ; but he is, in that case, bound to report such person to a Magistrate, at least fourteen days before he returns his roll to the Clerk of the Peace. He must affix, at some conspicuous place in the Township, a correct copy of his roll, and lodge another copy with the Town- ship Clerk. He must, at the time of making his assessment, make out a census roll in the following form : Hi. «!«. «M. S«i. (14. 10 ASSESSORS. titled to receive from the Treasurer tbe following sums per cent- um according to the amount of the assessment, viz : IfunderjCSO £7 Above 50 and unda £100 6 10 Above 100 and under £150 6 Above 150 and under £200 5 5 4,9V.4S&4 56/ Above 200 and under £250 £4 15 Above 250 and under £300 ... 4 5 Above 300 and under £ 350 "4 Above 350 "3 iQ ?«. §8. §9. SflOeo.m.? §2. 52. The Assessor in every fifth year will receive from the Warden two blank forms for the Government Census, which he must fill up by personal inquiry at each house, and return the same to the "Warden, verified upon oath. He may demand the necessary information from any member of the family above twenty-one years of age, and if they refuse '«'»■' District Councillors ai« allowed six shillings and three „.„™ p.« da, for eve^ da,, actna. attendance at'the sessts TZ^^'-^ Oct. 1846. TOWNSHIP CLERKS. The township clerka must, on or before the first day of No » . vember .„ each and everyyear, make a true, auflicient L cle^^'i "turn, duly ..gned by then,, to the Councillor for their ,o>^°sht; "Jtheaatd pathmasters, which return shall contain all money. 1843 Id XOWNSHIl' CLERKS. By-Law, MFeb. 1843. do By-Ijaw, Nov. IMS. By-Law, Oct. 1840. do received by the township clerk from magistrates for fines, or from any other source whatever. Penalty for neglect, not less than five nor more than twenty shillings. Blanks for these returns are furnished from the District Coun- cil Office. The Warden of the district is authorized to issue his warrant, * in favor of the township clerks of the several townships, for the several amounts paid into the treasury, for taxes of non-residents, in order that the several townships may have the benefit of the same; and the Councillors for the respective townships shall be ' advised with in the disposition of the same, by the person or per- sons having a right to direct and lay out the same, which said sums shall be accounted for as by law directed in that behalf. All moneys in the hands of township clerks for fines under the trespass acts, are subject to the same authority and disposition as is mentioned in the preceding clause. The town clerks of the several townships shall make returns to the district clerk, after the township elections, in each and every year, of all persons chosen to fill any township office in this district ; the said returns to be in addition to, and made in the same form, and at the same time, as returns are now made to the clerk of the peace. It shall be the duty of the clerk of each and every township, after the receipt of the general statute labor list for his township, to fui-nish to the respective pathmasters of his township, on ap- plication, and free of charge, a list of all persons liable to per- form statute labor in their several divisions, and of the number of days labor that each person has to perfonn, as shown by the general list. In addition to the names shown on the general list, as belong- ing to any particular division, he shall add the names of such per- sons as the pathmastev shall report as being liable to duty, but whose names do not appear on the general list, by reason of their not having been placed on the assessment roll. In case any township clerk neglects or refuses to furnish said division lists, he shall, for each and every offence, forfeit and pay a sum not less than five shillings, nor more than one pound, with costs, to be recovered under the provisions of the By-Law, chap- ter five, session three. ines, or from not less than istrict Coun- his warrant, hips, for the on-residenta, jnefit of the bips shall he srson or per- , which said it behalf. es under the isposition as lake returns in each and office in this made in the made to the y township, is township, ship, on ap- able to per- the number lown by the t, as belong- of such per- to duty, but son of their furnish said Feit and pay pound, with Law, chap- TOWNSHIP CI.. ;i»;S. 13 The township clerk, upon receiving a warrant from two magis- , v o. . trates, shall issue a notice, to be affixed at three public places in the township, giving at least six days previous notice of the town- ship meeting, and if he has received no warrant ten days before the meeting, he should apply to the two nearest magistrates to issue one. The township clerk's notice should be in the following form • "Whereas, by virtue of a warrant from A. B. and C. D.^v^tm Esquires, two of her Majesty's Justices of the Peace, I am re- quired to assemble the inhabitants of the township of - on Monday, the day of January next, for the purpose of choosing and nominating township officers for the ensuing year Notice IS hereby given, that the annual township meeting of the township of . will be holden at , on Monday, the ; day of January next, at the hour of o'clock, accord- ingly. And be it known, that the meeting to be held in pursuance hereof, is called in conformity with the provisions of the act of Parliament, of the seventh year of her Majesty's reign, chapter seven, intituled "An Act to provide for the calling and orderly hold- xng of public meetings in this Province, and for the better preser- vatton of the public peace thereat;" and the said meeting, and all persons attending the same, will therefore be within the protection of the said act, of all which premises, all manner of persons are hereby, m hcx 2vlaje8t/- name, most strictly charged and com- manded, at their peril, to take especial notice, and to govern themselves accordingly. E. F., Toronship Clerk. Dated this day of " If the township clerk shall receive a warrant from a magisMtsvic lo trate, or the warden, directing him to call an extraordinary meet-* ''* '*' ing of the township, for the purpose of electing a Councillor, he must issue a similar public notice. The township clerk presides at meetings of the township untiUvic.aija. a chairman is chosen. He must keep a record of all the proceedings at the township §7. meetmgs, which record, together with all other papers, moneys, and property belonging to the township, are to be by him handed over to his successor. He must allow free access to examine the records, to any in- ^ §37. 14 §9. §8. 511. TOWNSHIP CLERKS. habitant of the township, upon the payment of a foe of one shil- ling and three pence. He must affix publicly, at the place of meeting, immediately after the township meeting has adjourned, a list of the officers elected. He must keep a book, wherein to enter their declara- tions of office; and if, at the end of twenty days, the officers so elected shall not have subscribed, he must transmit to a justice of the peace and a Councillor of the township, a list of such officers as have not subscribed. He must make out three copies from his record of the proceed- ings of the township meeting, at which he was appointed clerk of the township, within twenty days after his appointment, one of which is to be posted up conspicuously at the place of meet- ing. He must execute a bond to the treasurer of the district, in the following form : " Know all men by these presents, that we, A. B. Township Clerk for the township of ~ , in the Western District, and C. D. of , and E. F. of , are held and firmly bound to G. H. Treasurer of the Western District, in the sum of §11. 4&JVic.lO, §38. pounds, to be well and truly paid to the said G. H. Treasurer, or to his successors in office, for which payment, well and truly to be made, we bind ourselves, jointly and severally, our heirs, execu- tors and administrators, firmly by these presents. Sealed with our seals, and dated this day of ■— in the year . " The condition of the above bond is such, that, if the above bounden A. B. shall well and truly pay over, according to law, for the use of the township, all moneys coming into his hands by virtue of his office, and applicable to the general uses of the town- ship, and deliver the remainder, (if any there be,) together with all books, records and papers belonging to the township, into the hands of his successor in office, as the law directs, then this obli- gation is null and void, or otherwise to remain in full force. (Signed) A. B. Toumship Clerk, [l. 8.] C. D. [l. 8.] E. F. [l. 8.j The township clerk must keep an account of all moneys com- ing into his hands, belonging to the township, and present the 36 of one shil- , immediately )f the officers their declara- the officers so to a justice of if such officers f the proceed- >pointed clerk ointment, one ilace of meet- Jistrict, in the B. Township I District, and firmly bound lum of Treasurer, or ind truly to be heirs, execu- Sealed with ( year . if the above rding to law, > his hands by 8 of the town- together with iship, into the ben this obli- 11 force. rk. [l. b<] [l. 8.] [v. B.] moneys com- l present the ! TOWNSHIP OPFICKKS. ^g same to the district auditors, to be by them examined and ap. proved of. • *^ He must make out a list of all the persons in his township lia- iVici^ai ble to perform statute labor, showing the number of days every person is liable to work, from which 4i8t the overseers have au- thority to make extracts. He must furnish to a magistrate in the vicinity, on or before the, V ...,. first of December, a list of overseers of highways, who have not ""''''^ passed their accounts. .. :0' do TOWNSHIP OFFICERS. (general provisions.) In the case of the death or departure from this district of anyBy-La.. township officers, without having complied with the requisitions^"''- ''''• of the township officers' act, the District Council shall appoint others m their stead, in the same manner as they would have been appointed by the justices, where such officers had not taken their declaration of office. Upon receiving reasonable proof, on oatb. of such death or departure only, without enforcing any fine In all cases of nonfeasance, or neglect of duty, by any town- ship or district officer-in all cases of misfeasance, or misdoing by any such officers-in all cases of malfeasance, or evil or im proper doing, by any such officer, in any matter, order, duty or thing connected with and regarding the duties of any such offices as he may legally hold in the said district, or in any town or town- ship thereof, without a reasonable or lawful excuse, any such offi- cer, committing any such offence, shall be fined not less than the sum of five shillings, nor more than five pounds for each offence, with costs, to be levied as is specified in the acts in that behUf made and provided, by the clerk or the order of the council. asstlri^'T'i^'^' '' "'''''"'^ *'* '^' ^'^^^^^ ^°""«"' ^hen do assembled, should have the attendance of any of the district. township or town officers, to give infoi-mation respecting their re- spective dutie-- over which the council has control: when found necessary, the warden shall, on the order of the council, by a no- 16 TOWNSHIP OFFICERS. do By-Law, Feb. 1848. tice under his hand, countersigned by the district clerk, require the attendance of any such officer before the said District Coun- cil , for which necessary attendance, such officer shall receive the sum of five shillings for every day's attendance before the coun- cil, and for every twenty miles going and i-eturning; and in case of such officer refusing or jieglecting to attend, (without a rea- sonable and legal excuse,) o» such notice, he shall be subject to the penalties mentioned in this By-Law, to be recovered in the same manner. All such fines shall be paid-into the treasury, for the general uses of the district; and a schedule of such fines shall be render- ed by the treasurer to the council at its first session in each year. For the better execution of the duties of township officers, and to ensure proper checks on such officers, by effectually separating their offices, no person shall be ejected for the same year, to hold for the same year, two or more offices in any township; and in case of any such election of any one person to such two or more offices, such second or other electien shall be void; and acts done by such person in such second other capacity, by virtue of such second or other election, shall Be deemed invalid and of none effect. All vacancies arising from such second or other elections being void, as aforesaid, shall be filled up according to the existing law, by the person or persons who previously held such second or other office for the preceding year : Provided, that such officer or officers of the preceding year shall not have been elected to hold any other township office for the same or current year; in which case, the Councillor or Councillors for the said township, are hereby empowered to fill up such vacancy or vacancies imme- diately, subject to the approval of the District Council, at its next meeting thereafter. No person is liable to serve a township office out of the town- ship in which he resides. No magistrate is liable to serve. No person is liable to serve oftener than once in three years. 1 Vic.31, $s When no township meeting is held, or for any other reason no new officers are elected, the officers of the previous year are obliged to continue to serve. ^9,536. Township officers must subscribe the following declaration within twenty days of their appointment, in default of which. do 1 Vic. 21 §8. 1^ i TOWNSHIP MEETINGS. ^■^= or for subaoquent neglect of duty, they are liable fo a fine of five pounds : "I, A. B. do sincerely promise and declare, that I will faithful- ly and diligently perform the duties of for the township , for the current year." t of 17 ^f:: lous year are TOWNSHIP MEETINGS. ^ Any township containing thirty inhabitant freeholders a«diVic.3i§9. householders, may hold a township meeting, and any township, not having the requisite number of inhabitants, shall be taken to be part of such adjoining township, as the Magistrates granting the warrant for calling the meeting may deem moat convenient. Two Justices of the Peace must issue a warrant to the town- §a. ship clerk, at least ten days before the time of meeting, requiring him to assemble the inhabitant freeholders and householders of his township, on the first Monday in January, at 12 o'clock at noon, or if a Councillor i.s to be elected, at 10 o'clock, before o v.c. 40 § i. noon. At leaat eiglit days before the first Monday in January, the i Vic. ai § 3. township clerk must give public notice of the time and place of meeting; but if the township clerk neglects to issue the notice, the inhabitants may nevertheless assemble at the legal place of meeting, and having chosen a chairman, may proceed to business. If there be an incorporated town, or town having police regu- ^5. lations, in any township, the township meeting shall not be held within the limits of such town. All township meetings shall be held at such place as may be »Vic, 405a. appointed by a By-Law of ihu District Council. The township clerk presides at the meetiMgs until a chairman is i Vic.aua. chosen. It is the duty of the chairman to commence the proceedings by? Vic reading publicly the notice whereby the meeting was called. If the notice is in conformity with the provisions of the public meetings act, the chairman may cause any person interrupting or disturbing the meeting, to be removed; and may, by an instru- ment under his hand, on his own view, adjudge such person guilty MO. 511. 18 STATUTE LABOll. 51a. 4fc9Vic. lU §7. of such diflturbance, upon which conviction, a magistrate may commit the offender. The chairman may command the assistance of the justices of the peace, constables and otlier persons, to preserve good order. I Vic 91 5 4. All questions at a township meeting are decided by a majority of the freeholders and householders present, above the age of twen- ty-one, and any person offering to vote, not being duly qualified, is liable to a fine of one pound. The township meeting shall first elect a Councillor or Council- lors, if there be a vacancy. 1 Vic. 21, 5 s, The meeting shall then elect a Township Clerk, an Assessor, a Collector, a sufiicient number of persons to serve as Poundkeep- ers and Overseers of Highways, three Town Wardens, and not less than three nor more than twelve Fence-viewers. 1 Vic. 21 5 18 The meeting may pass By-Laws for regulating the period and manner in which cattle, horbus and other animals may run at large; for imposing fines for the breach of such regulations ; for the prevention of accidents by precipices, deep waters and other dangerous places; for the destruction of weeds detrimental to husbandry; for ascertaining the height and description of lawful fences; and for such other matters as may tend to promote the peace and welfare of the township. By-Law, May,ie4«. STATUTE LABOR. The Municipal Councillor representing any township, reputed township, or place, is authorized to superintend, oversee and di- rect within the same, all matters heretofore under the direction of the justices within the same, and which now or hereafter may be placed under the supervision of any person or persons, re- specting all roads, streets, bridges, and matters and things con- nected therewith, whether for the performance of statute labor, or the expenditure of any moneys which may, by any law, be ap- propriated for that purpose. All pathmasters in this district, must, on or before the first day of October, in each and every year, make a clear return or list of labor laid out and expended in each division, together with a re- gistrate may r or Couiicil- fJTATUTE LABOR,'.**,. 19 do . turn of all moneys expended by them, duly signed and swony^ before a magistrate; which return they shall file with the towT ship clerk, on or before the time aforesaid. In the return, the pathmaster must make a just, troe and clear do distmction between all those persons who do, and all those per- sons who do not, well and truly perform their statute labor It shall and may be lawful, by and with the consent and appro- By-Law, bation of the councillors of the township, for the pathmasters and ''"«• '"^ those who are liable to do statute labor under them, to complete the same at any time between the tenth day of May and the first day of October, in each year, in the same manner as is required by the existing, or hereafter to be made laws or By-Laws and subject to the same penalties and provisions for neglect or non- performance of the same as may be contained now or hereafter m such laws or By-Laws: Provided always, that this extension ot the time already fixed by law shall not be assented to by the councillor unless in cases of absolute necessity requiring the re- servation of the statute labor for a longer period. In case of the sickness or unavoidable absence of the path- master having the charge of such statute labor, he may, with the consent of the councillor for his township, appoint in his stead a fat person to superintend and lay out the same, by a writing under his hand and seal, during such sickness or unavoidable absence only, he being accountable for the acts of his said agent for the time being. --^'^ In case that arrearages of statute labor shall remain, from any cause, without^having been expended, or shall have been reserv- ed for casualties, the same may, notwithstanding, be expended under the proper officers as aforesaid, at any time before the end of the year in which the same becpme due. The land owners in each township are enabled and empower- «y-Law. ed to compound for the statute labor by them respectively per-'''"' ''''• formed, for any time not exceeding five years, at a rate of two • shillings and sixpence for each day's labor so by them respective- ly to be performed. The said composition money shall be paid to and received by uo the pathmaster of each division of each township; and the said pathmaster shall expend and appropriate the said moneys in the several divisions in which the commutation money shall be paid, do .S-" so 40 MReo.III, J a. STATUTK r.ADOR. ^ujuler tho direction and sujioi'viHion uf ttio cuuncillur uv cuuncil- lora of such township. It shall be competent for such councillor or councillors, to make out and define the manner and divisions in which tho said statute labor shall be bestowed and performed, and to direct the laying out and performance of such statute labor within their own town- ships, except where town lines are concerned. 8 Every person included in the assessor's roll shall work on fhe highways in proportion to such assessment, after the following rate, vizr% If his property is rated at not more than .£2/>, he shall work 2 days If more than £25 and not more than £50, 60, 75, 100, 150, 200, 250, 300, 350, 400, »» 75, 100. 150, 200, 250, 300, 350, 400, 450, For every £100 above £500 till it amount to £1.000 •' 200 " 1,000 ^ 2,000 300 " 2,000 ^Ite^ 2,500 500 3,500 «%. 3 4 5 6 7 8 9 10 11 12 1 1 1 1 {«. 3 Vie. 10. Every person possessed of a wagon, or cart, or a yoke of ox- en, or team of horses, used to draw the same, shall work not less than three days. Every person above twenty-one yeare of age is liable to per- form two days statute labor, whether he be on the assessment roll or not. I Vic. 21 §9 Any person assessed under c£25, who, by reason of age, sick- ness, or other misfortune, may be in indigent circumstances, may be relieved from statute labor by the town wardens. A day's statute labor consists of eight hours faithful work, ex- clusive of the time of coming and going. The work of a yoke of oxen or team, with a driver, counts as two days and no more. }9 §25. »» >» f» » M »» ur ur cuuncil- illors, tu mako ho Haid statute I'ect the laying leir own town- II work on the • tlio following work 2 days 3 4 5 6 7 8 9 10 11 13 1 1 1 a yoke of ox- work not less liable to per- Bsessment roll of age, sick- istances, may ful work, ex- rer, counts as fi If ELECTION OF COUNriLLOIlS . \ \ 21 57. Any person neglecting, after due notice, tu perform statutl^l^ bor, or to send a sulicient subHti'ute, or to furnish such carrit^^ team, or implements, as ho may bo poBsessed of, when duly call- ed upon for them, shall forfeit five shillings for each day ho shall so neglect, and ho shall, nevertheless, be still subject to perform the labor at any time in the current year. Persons failing to jiorform their agreement for compounding, i vie. 21541 are liable to the same j)enalty as those who neglect to perform statute labor. ELECTION OK COUNCILLORS. The township meeting at which a Councillor is to be elected, 9 Vic. 40,41. shall commence at ten o'clock before noon. Every township holding a township meeting, is entitled to elect 4.5 v. 10 5 10 one Councillor, and if there be three hundred persons assessed in the township, they may elect two Councillors. A poll may be demanded by any candidate, or by three electors 5 7. present, and such poll shall not be kept open longer than four® ^''^•'*''^^'- o'clock in the afternoon. It is the duty of the collector to furnish the township clerk, at '•.5 v. lojB, least six days before the election, with a certified list of all the inhabitants entered on the last assessment roll, and no pei'son, not on the roll, is entitled to vote; but if there be an equality of votes, the presiding officer, although he be not otherwise quali- fied, may give his casting vote. Before proceeding to poll the votes, the presiding officer shall take and subscribe the following oath, before a justice of the peace of the district : " I, A. B. do swear (or solemnly affirm,) that I have not, direct- ly or indirectly, by myself, or any other person, received any fee, gift, gratuity, or reward, either in money or otherwise, or pro- mise of any, as a consideration for my returning, or effecting the return of, any person as a member of the District Council of the Western District; that I will, to the best of my skill and ability, fairly, honestly and faithfully conduct the present election for the choice of a member (or members) of the said Council, and truly ,w. 5 8. ,^^vmt U2 i*- ii. §0. §17. NEW KOADa. {18. By Law, F«?b. 1842. |Mi^« awMdnto (o, can.lidates) who, at tho final close, shall ^ to .Te a majority nf votes; and that I will uho my best *«deavo,. to ,meryo peace and ovder at euch election, and to »ve a 1 persons entitled to vote free and ...molested access to and from tho poll." ^.rT/"r,T'"'* '''"^ ""'^ «'^'°in*«'«r to any person, offenng to rrfO^ the folJowmg oath: "I .mm (or solemnly affirm) that 1 urn A. B. whoso name is cnteied on tho a««e«Mmont roll of the township of- , and that I have not already voted at this election." Tho township clerk, or presiding officer, shall keep a poll list m the following form, an.l deliver the same to the Clerk of the l^o^co, immediately after the conclusion of such election. Niitiirs or, or mo- ld and keep ■ have been ownship in nutation of [ay and the m account division is y, or either J, the day, ng at least '-one years I not on the m who has to destroy 3 or fences rect finger he repairs one, upon y damage, tools and such per- ork faith- large such Kie penal- a magis- rm his ht- §31. CLAIMS AGAINST THE DISTRICT. An overseer is not exempt from his cm labor by reason of his hoWmg t at office, but any day on which he superfntends the la- Bor of others will count as a day's work, and J-e may also be allowed one day's work for attending special sessions. 1 he overseer must give in to the township clerk, on or before the hrst of September, a list, verified upon oath, of all the per- sons hable to perform statute labor in his division, and of what Tall mon J !": '''^" P"'"™^'' ^°=^^'^^^ ^"'^ «" — t of all moneys whzch have come into his hands by virtue of his office A blank form for making the above return will be given h.m by the township clerk at the April special sessions In case of any sudden obstruction or damage to a road, or for the purpose of puttmg up marks to guide travellers over any frozen waters, the overseer is required to expend any money in h hands, or to call out statute labor under his direction, at any other ime than between the tenth of May and the twenty-fourth of Ju y. And ,f he has no labor or money unexpended, he shall nevertheless call out persons residing in his division, apportion- ing such labor as equally as may be among the inhabitants, and he shall immediately give in an account of the labor so performed to the township clerk. The overseei shall cause to be put up at every bridge within sv..« his division, exceeding thirty feet in length, a legible notice to this effec : Any person riding or driving over this bridge faster than a walk, will be subject to a fine, as provided by law." 27 \ §50. CLAIMS AGAINST THE DISTRICT. AH persons having claims against the Western District for any matter or thing connected with the administration of crimi "'^''»"«- nal justice therein, shall present their accounts in duplicate, one copy at the office of the Clerk of the Peace, the other ^t the Auditors Department of the Council Office, on or before the days appointed by law for holding the General Quarter Sessions Apnl and July, the third Tuesday in the month of November 28 DITCHES AND WATER COURSES. By-Law, Feb. 18M. do do The District Auditors shall, on the third day of holding the General Quarter Sessions of the Peace, examine and audit the accounts filed in their department, and furnish the Treasurer with a list of the claimants, and the amounts allowed them respective- ly, which list the Treasurer shall compare with the amount allow- ed by the Magistrates in Quarter Sessions, should there have been a quorum, as aforesaid, to audit the accounts; and if the amount allowed by the Magistrates shall exceed the sum allowed by the Auditors, the Treasurer shall not p&y the excess until he has satis- fied himself of the legality thereof All claims against the District, for any matter or thing other than those connected with the administration of justice, shall be presfented to the aforesaid department on or before the day ap- pointed by law for holding the Quarterly Sessions of the District Council, and shall be examined, audited, and submitted to the Fi- nance Committee, to be reported upon to the then or next session of Council : and no w arrant shall issue for the payment of such claims until the same shall have been reported upon by the Fi- nance Committee and sanctioned by the Council. Should there be no session of Council at the period appointed by law for holding the same, warrants shall issue for the amount of claims allowed by the District Auditors. Nevertheless, the accounts shall be submitted to the Finance Committee at the next Bession, to be reported upon to the Council. u DITCHES AND WATER COURSES. 19 Geo. III. f 78. (19. Any person who shall occupy any lands adjoining to such high- way through which the water hath used to pass from the highway, shall open, cleanse and scour the ditches, &c. for such water to pass without obstruction ; and every person making default in any of the matters aforesaid, after ten days notice given by the sur- veyor, shall forfeit ten shillings. Surveyor shall view ditches and water courses, drains and gut- ters, in which there are any obstructions contrary to this act, and give the person notice of the particulars of the same, and twenty ■"%! FENCE VIEWERS. days after notice, if not removed, surveyor ia empowered to en- ter and remove, and have cleansed and opened, owner forfeit- Mg a penny per foot in length neglected, and surveyor shall be reimbursed his reasonable charges in removing, &c. and if demand for both penalty and expenses are refused, a justice may, on oath of notice and demand, &c. allowed his expenses to be recovered the same as the penalty. Where those ditches, gutters, drains and water courses, are t insufficient to carry off water, surveyor may, by order of one J. justice, make new ditches, &c. through adjoining lands to high- ways, or through any other land, and the workmen are authorized to enter upon lands for that purpose, making proper bridges and satisfaction for any damages done. Drains may be opened at the expense of parties interested, and upon lands of persons not interested. The surveyor of highways or pathmaster is interested on behalf of the public, in the draining of the highways. 89 §14. TOWNSHIP WARDENS. The township wardens shall report to the magistrates of theivic 21 U3 district any person of unsound mind, going about the township, ' to the danger of the inhabitants. They may exempt any person, not assessed at more than d£25, from statute labor, on account of ago, sickness, or other misfor- tune. §29. FENCE VIEWERS. If two parties, occupying j djoining tracts of land, have anyaivic 20 dispute as to what part of the dividing fence, or of any drain, or water course, each party shall make and keep in repair, they may call in three fence viewers to make an award. For the manner of proceeding in which case, see the act. ^.•llill,J,lllll Jl 'lli«J»p,. 30 HIGHWAYS. By-Law, Fcbt 1647. Oa Vic. 8. TOWNSHIP OF ANDERDON. In ditching any road within the said township, the following proportions shall be strictly obs'erved : the road to occupy one half the width, and the footpath and ditch at either side, one fourth, at the first onset, which proportions will in general be thus : road, thirty-three feet; footpath and ditch, sixteen and one half feet; making in all four rods, the usual breadth of roads in the township ; that the soil and sub-soil taken from the ditches be pla- ced on one rod, in the middle part of the road, in an elevation of one foot, in the centre; so that in future repairs, in wet and swampy places, the road may be reduced in breadth to twenty- seven feet, but not less. Any man or men appearing on a road within the said township to perform statute labor, without the tool or tools directed by the pathmaster, shall be fined in a sum not exceeding five shillings, to be recovered before any magistrate of this district, according to law; which sum is to be laid out by the pathmaster in pur- chasing such tool, for the use and benefit, and to be the property of, the persons so fined. HIGHWAYS. No overseer, or other person, may remove any fence enclosing any part of a concession line, or allowance for road, unless au- thorized to do so by an order of the Council, of an application for which, at least eight days notice must be given to the party in occupation. Vic. 21, §28. Any person wilfully stopping up a road, or destroying any rail- ing, guard or finger post, is liable to a fine of c£5. Any person neglecting, after twenty-four hours' notice, to re- move the obstruction in a road arising from any tree having fall- en, or been cut down, from the land in his occupation, is liable to a fine of ten shillings for every day the obstruction remains. Any person riding or driving across any bridge, above thirty feet in length, faster than a walk, is liable to a fine of c€l. Any person maliciously destroying any bridge, or rendering it impassable or dangerous, is guilty of felony. §28. e Vic. 44. 4, 5 Vic. 28 §13. y d( ev as co: A shal beai first afon such sum justii TAXABLE PROPERTY. 31 TAXABLE PROPERTY, &c. ever, dog, fe each tid avl; " "'°."'''""«' '"^ "^'^ «"''* '* »8 are exemp.ed by the act 7f ZVT""*' ""^^rAelesg, e„ch commence wiA Jyear i8« ^^«"'«°-^' »"aid tax .hall bear .he na^e. ofThTo:: ir^J^lT '°*!,' "'" ""'-' ^ «« day of May, 1846, fto „„„'/:;' t*;' " """• ''"" "■« foreeaid, and r„„„i„g ,, ,ar„ lanrr ^* T '"•'"*'' " •"ol. dog, for every day .o ^3: A, ' '""' f"' '"^ '"T ™™ of «ve .hi„i„;. ::;°z : i';': • ;™"'".« « '-««■ *« justice of the peace. "nformauon, before one