IMAGE EVALUATION TEST TARGEl (MT-3) h // ro f/. I? & 1.0 I.I lU I4£ L25 1 1.4 2.5 IB 2.2 1.6 FhotDgraphic Sciences Corporation :3 WEf ' MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 S'^^s Q. CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques :\ ^ Technical and Bibliographic Notas/Notas tachniquas at bibllographiquaa The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique. which may aitar any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D Coloured covers/ Couvertu^e de couleur I I Covers damaged/ Ccuverture endommagte □ Covers restored and/or laminated/ C( D Couverture restaur^ et/ou peiliculAe Cover title missir / Le titre de co^^vt jre manque r I Coloured maps^ I — I Cartes giographiques en couleur □ Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ □ D D Planches et/ou illustration* en couleur Bound with other material/ Relii avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re liure serr^e peut causer de I'ombre ou de la distorsion lo .ong de la marge intirieurs Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certainas pages blanches ajouties lore d'une restauration apparaissent dans le texte, mais, lorsque cela litait possible, ces pages n'ont pas iti film^as. Additional comments:/ Commentaires supplimentaires; L'Institut a microfilm* le meilleur exemplaire qu'il lui a M possible de se procurer. Les details de cet exemplaire qu< sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mithoda normale de filmage sont indiquAs ci-dessous. I I Coloured pages/ Pages de couleur Pages damaged/ Pages endommagies Pages restored and/oi Pagtos restaur^es et/ou pelliculies Pages discoloured, stained or foxei Pages dicolor^es, tacheti^AS ou piqudes Pages detached/ Pages ditachies Showthrough/ Transparence Quality of prin Quality intigale de i'impression Includes supplementary materit Comprend du matilriel suppl^mentaire Oniy edition available/ Scule Mition disponible I I Pages damaged/ I I Pages restored and/or laminated/ r~n Pages discoloured, stained or foxed/ I I Pages detached/ rri Showthrough/ 1^ I Quality of print varies/ I I Includes supplementary material/ rn Oniy edition available/ □ Pages wholly or partially obscured by errata slips, tissues, etc.. have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'arrata. une pelure, etc., ont iti filmies i nouveau de faqon i obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiqu* ci-dessous. 10X 14X 18X 22X L 12X 16X 20X 26X XX y 24X 28X 32X Th« copy filmed h«r« has btmn raproducMl thanki to th« ganorosity of: Law Library York Univenity Toronto Tho imagM appaaring hara ara tha boat quality poaaibla conaidaring ttia condition and lagibiiity of tha originat copy and in kaaping with tha fiiming contract apacificationa. Original copiaa in printad papar eovara ara fiimad beginning with tha front covar and anding on tha laat paga with a printad or illuatratad impraa- aion. or tha back covar whan appropriate. All othar original sopiaa ara fiimad beginning on tha firat paga with a printad or illuatratad improa- aion, and anding on the laat page with a printad or illuatratad impreaaion. The laat recorded frame on each microfiche ahaii contain the symbol —»•( meaning "CON- TINUED"), or the symbol y (meaning "END"), whichever appliaa. L'axemplaira filmi fut reproduit grice i la gin^roait* da: Law Library York University Toronto Lea imagea auivantea ont «ti reproduitea avac la plus grand soin, compta tenu de la condition at de la nattet* de I'axamplaire fiim«. et en conformity avac lea conditiona du contrat de filmage. Lee exempleires origineux dont la couverture en papier eat imprim^a aont fiim4a en commenpant par la premier plat et en terminant soit par !a darnlAre page qui comporte une empreinte d'Impreaaion ou d'illustration. aoit par la second plat, salon la caa. Toua lea autrea axemplairea origineux aont filmte en commenpant par la premiere pege qui comporte une empreinte d'impreaalon cu d'illuatration at an terminant par la darnlAre page qui comporte une telle empreinte. Un dee aymbolea suivants apparaftra sur la darnlAra image de cheque microfiche, selon le caa: le aymbole «-»> signifie "A SUiVRE", ie aymbole ▼ aignifie "FIN". IMapa, platac, cherta, etc., may be filmed at different reduction ratioa. Thoae too large to be entirely included in one expoaura are filmed beginning in the upper left hand corner, left to right and top to bottom, aa many framea aa required. The following diagrama illustrate the method: Lee cartea, planches, tableeux, etc., peuvent Atre filmte k dee taux de rMuction diff^renta. Loraqua le document eat trop grand pour Atra reproduit en u:t aeui clkhA, il eat filmi A partir de I'angle aupiriaur gauche, de gauche k droite, et de heut en baa, en prenant le iiombre d'imagea n4caaaaire. Lea diagrammea suivanta illuatrent la mithode. 1 2 3 1 2 3 4 5 6 M AND! INi TH THE] MUNICIPAL ACT, i887. AND THE ACT RESPECTING THE ESTABLISHMENT OF MUNICIPAL INSTITUTIONS IN THE DISTRICTS OF ALGOMA, MUSKOKA, PARRY SOUND, NIPISSING, THUNDER BAY, AND RAINY RIVER TOOKTHKR WITH THE MUNICIPAL AMENDMENT ACT, 1888. WITH INDEX BY WILLIAM W. EVATT, OP O8GOODE HALL, BARRISTER-AT-LAW. (lioronto : HART & COMPANY, MUNICIPAL PUBLISHERS, 31 AND 33 KING ST., WEST. AN ACT RESPECTING THE REVISED STATUTES OF ONTARIO, 1887. (Chap. 2, 51 Vict. Ont.) [Assented to March 33rd, tS88. HER MAJESTY, by and with the advice and consent of thfLegislative Assembly of the Provmce of Ontario, enacts as follows : — Revised 1. The Revised Statutes of Ontario, ^s printed by the Statutes 1887 Queen's Printer, and declared by P'^J««»*^^°",.VM„t' ®": declared m Jf^ant-Govomor in Council, dated the twentieth day ol riSr.- Dumber last past, to conu into force on, f remand ,f^the ber, 1887. thwtv-ilrst dav of December last past, have been on, troin and SsSdayf and shall hereafter be in force in this Province, to a iTntents^and purposes as though the same were express y embodied in, and enacted by, this Act, to come into force a^^^^^ have effect on, from and after said day, subject, 'lowever o the provisions of section 9 and following sections ot the Act, chapter wo of the Acts passed by the ^g^^l^.^^. IJ .^^^^ Province in the fiftieth year of Her M.H]e.' f /«'g"' "^i^^^^^^^^ An Act respcctvn^ the tievised Statutes of ^f *Y^^. ff f '/"^ to the Acts passed in the present session ot the Legislature. yQ^' "«■ 245-248. " TV :"® ^«*8»""er, ss. 249-253 ' "'^^ °^ Office and Security, ss. 278-281 »«« I. Oe,ieral Jurisdiction of Councils. ' Division I. Nature and Extent, .ss. 282-287. Title II. Respecti?^ By-Laws. Division, I. Authentication of, ss. 288-290 " tit TrT°*^""^*'>' Ratepayers, ss 291-292 " V X "^u"**'°" °^' ««• 329-331 .. Jl- vuashmg, ss. 332-339. " VII Srir" *''^**'°? ^^^*«' ««• 340-356. " VTTT ?^;-^' fespectrng Yearly Rates ss 357 -^fiS VIII. Anticipatory appropriations, s.?369-37l Title III. Respecting Finance. Dir^ I. Accounts and Investments, ss. 372-382 II. Commission of Enanirv in\n. v;L Aiiiqmiy into Jiinancea, ss. 383, .-^84. Title IV. Arbitrations. Division n piT'i"*™^"* of Arbitiators, ss. 385-396 11. I'rocedure, ss. 397-404. Title V. Debentures and Other hiBtruments, .ss. 405-414. Title VI. ^rf'ninu^rattono/^u.^ceami/udioiaip,,,,,,^,,.^^ Division ss. I. Justices of the Peace, ss. 415-419 TTT |^?."alt>es, ss. 420-423. III. Witnesses and Jurors, ss. 424-426 IV. Convictions under By-laws, s. 427 V. Execu^ion^^^ainst Municipal Corporations, vTt" 'l^^^^^ of amends, s. 430. VTTT pr*™ni'^'^^'?^'"*'«™ of Council void s 431 IX R±- ^.®r' ^""^ P''"«« Magistrate, ss 432 433 B^^f Commissioners ofl>olice and Pohce lor.e in Cities and Towns, ss. 434-451 ^ Court-houses, Gaols, &c., 452-476 ' meSfn7? *"^""^-P^l Officers and Govern- XII. When Mayor may call out^-o^ comUaius, s. 478. X. XI. Title. THE MUNICIPAL ACT. Chap. 184. Pai:t VII. Powers of Municipal Couhcils. Title 1. Powers Oenerally. Division 1. CountieB, Townships, Cities, Towns, and Incorpor- ated Villages, ss. 479-488. " II. Townships, Cities, Towns, and Incorporated Villaces 88. 489-492. - ^ ' III. Townships, Cities, and Towns, 8. 493. IV. Counties and Cities, s. 494. V. Counties, Cities, Sep. Towns, s. 495. VI. Cities, Towns, and 'ncorporated Villages, ss. 496-503. VII. Cities, Towns, ss. 504-508. VIII. Townships, Towns, and Villages, g. 609. IX. Towns and Incorporated Villages, s. 510. X. Counties, ss. 511-520. XL Townships, ss. 521-523. Title II. Powers as to Highivays and Bridges. Division I. General Provisions, ss. 524-549. " II. Counties, Townships, Cities, Towns, and Incor- porated Villages, ss. 650-554. " III. Townships, Cities, Towns, and Incorporated Vil- lages, ss. 565-564. IV. Counties ?>.nd Townships, s. 666. V. Counties, s. 566. VI. Townships, ss. 567-568. "/ 5 it (( (( a It (< tt deemed the head and members of the council, and the officers, tinued"'*' by-laws, contracts, property, assets and liabilities of such cor- poration, as continued under and subject to the provisions of this Act. 46 V. c. 18, s. 4. 5. The name of every body corporate (not being a provisional Names of corporation, continued, or erected under this Act, shall, be ""T^e municipal Corporation of the County, City, Town, Village, Tomiship, or '^"'"porations. ' United Counties, or United Tovmships. (as the case may be), of " (naming the same). 46 V,' c. 18, s. 5. 6. The inhabitants of every junior county, upon a provisional Name t of council being or having been appointed for the county, shall be provisional a body corporate under the name of ." The Provisional Cor- •'ofporations. poration of the Cotmty of " (naming it). 46 V. c. 18, s. 6. ^ • . ■ . , T. The inhabitants of every county, or union of counties inhabitants erected by proclamation iYito an independent county or union of counties, of counties, and of every township or union of townships, *°^^^'^T' erected into an independent township or union of townships ^68^?^ and of every locality erected into a city, town, or incorporated etc., to be a village, and of every county or township separated from any ^"'^y coT"- , incorporated union of counties or townships, and of every™**" county or township, or of the counties or townships, if more than one, remaining of the union after the separation, being so , " in 8 Chap. 184. THE MUNICIPAL ALT. Sec. 8. erected or separated after this Act takes effect, shall he a hodv corporate under this Act. 46 V. c. 18, b. 7, ^"So b« . *• The powers of every body corporate under this Act shall exercised hy "^ exccrcised by the council thereof; 46 V. c. 18 s. 8. council. ' TITLE II.-NEW CORPORATIONS. Div. I.— Villages. Div. II.— Towns and Cities. Div. III.— Townships. Div. IV.— Counties. Div. v.— Provisional Codntt Corpokations. Div. VI.— Makers consequent upon the formation of New Corporations. When popula tion 750, county coun- eil nay incor^ porate as a village, and name the place and returning officer for first election. Division I. — Villages. Whtn a Village may he incorpi/rated. Sec. 9. Restrictions as to area of Towns and Villages. Sec. 10. Arrangements with respect to ats*ts and debts of Townsliins Sec. 11. ' •' u • Case of Village partly in two Counties provided for. Sec. 12 Arrangements as to debts when Village transferred from one County to another. Sec. 13. Additions to arsa. Sec. 14. Reductions of area. Sec. 15. Annexation of incorporated Village to adjoining Mtmici- . polity. Sec. 16. Setting apart uninconorated Villaae. Sec. 17 (1). Powers of Township in relation thet'eto. Sec. 17 (2-4). 9. When the census returns of an unincorporated village, with its imroediate neighbourhood, taken under the direction of the council or councils of the county or counties in which the village and its neighbourhood are situate, shew that the same contain over 750 inhabitants, and when the residences of such inhabitants are sufficiently near to form an incorporated village, then, on petition by not less than 100 i-esident free- holders and householders of the village and neighbourhood, of whom not fewer thah one-half shall be freeholderc, the council or councils of the county or counties in which the village and neighbourhood are situate shall, by by-law, erect the village and neighbourhood into an incorporated village, apart froni the township or townships in which the same are sitrate, by a name, and with boundaries to be respectively dedarea in the by-law, and shall name in the by-law the place for holding the first election, and the returning officer who is to hold the s'atne 46 V. c. 18, 8. 9. Sec. 12. TliE MUNICIP/L ACT. Chap. 184. 10.— (1) ?^^o town or village incorpi)rated nf't?r the pasfting Area of town of this Act, J.u population of which does not exceed 1000 souls, ".'" Y'''*8" shuil extend over or occupy within the limits of the incorpo- "*"'' ration an area of more than 600 acres of land. (2j No town or village already or hereafter incorporated an J containing a population exceeding lOOO souls, shall make any further addition to its limits or area, except in the proportion of not more than 200 acres for each additional 1000 souls sub- sequent to the first 1000. (3) In the case of towns or villages now incorporated, whenever the area thereof exceeds tlie proportionate limit above prescribed, to wit, in all cases where the area exceeds the })roportion of 500 acres tor the first 1000 souls, and 200 acres for every subsequent additional lOCO, then in such asea the said towns or villages shall not be permitted to make any further addition to their limits until their population has reached Ruch a proportion to their present area. (4) But in all cases, the pe ons then actually inhabiting the land about to be included \rthin the limits of a town r- village, may, for the purpose o*' such extension, be held and reckoned as among the inhabittnts of such town or village; and the land occupied by street? or public squares may be ex- cluded in estimating the area of such town or village. 46 V c. 18, 8. 10. ^ Regulations AR to enUrg- iiioiit of are;i. Existing towDR or vil- lages, area of which ex- ceed! propor- tionate limit, not to be on. larged. How popula- tion and area maybe reckoned. II. In cases where an incorporated village is separated from Disposition of the township or townships in which it is situate, the provisions property and of this Act for the disposition of the property, and payment PY"**"* "^ nf /^oKta nr.nn tha /^,•oo«l.,f,•/^r, ^c „ .,„: '^^e H i.-^ ^ i „ debts when incorporated village is sep- from of debts, upon the dissolution of a union of townships, shall fn be applicable as if the localities separated had been two town- vi__„. .. ships, and the councils of such village and township or town-*™**^ f*"' ships shall respectively perform the fike duties as by such pro- ^"^'''''P visions devolve upon the councils of separated townships, the said village being considered as the junior township. 46 V. c. 18, 8. 11. ^ 158.— (1) When the newly incorporated village lies within two or mor '-'-- *' " • ' law, annex more counties, the councils of the counties shall, by by- nex th^ village to one of the coMnties ; and if within six months after the petitions for the incorporation of the village are presented, the councils do not agree to which county the village shall be annexed, the wardens of the counties shall memorialize the Lieutenant-Governor in council, setting forth the grounds of difference between the councils ; and thereupon the Lieutenant-Governor shall by proclamation, annex the vil- lage to one of such counties. (2) In case the wardens do not. within one month next after the J''.,*'**^ "/ expiration of the six months, memorialize the Lieutenant-Gover- councUs u. nor in Council as aforesaid, then 100 of the freeholdersand house- act. freehold- holders on the census list may petition the Lieutenant-Gover-®"'. ^*''' ™*y •^ ^ petition Lieut. -Gov- When the vil- lage lies with- in two or more counties it shall be an- nexed to one of them by the county councils or, in case of dif- ference, by the Lieut. - Governor. '"Wfi 16 Chop. 184. THE MUNICIPAL ACT. Sec. 13. nor in council to settle the matter, and tlierenpon the Lieu- tenant-Governor shall, hy proclamation, annex the incorporated village to one of tlie caunties. 40 V. c. 18, s. 12. !«rSv 111 T '*;-!l) I" «»«« *^ 'ocality 18, under section 12 of this Act, taohod irom uetudlied trom one county and annexed to another, the council alulaZ^Ii ""i lu ''"in"^^ '? T.^''''' *''® '^^^^''^^ '^ ..uuexed and the council to anX,- °\ P° V"l»° ^1'"". ''h"''^*' '^'''' the council of the county from which the locality is detached, as to the amount (if any) of the county liahilities which should be borne hy the locality so detached and the times of payment thereof. (2) If the CO mcils do not agree within three months of the sepration in respect of the said matter, the same shall be deter- mined bv arbitration under this Act; and the amount (if anv) so agreed or determined bl.al! become a debt of the county to which the locality is attached, and such locality shall, until the said amount has been paid by tlie proceeds of such rates, con- tinue subject to all rates which had been, prior to the separa- tion, iinposed for the payment of county debts or for the pay- mm- of bonuses or aids granted bv sections of the county to railveaye, or tor the payment of local improvement debts. (3) The council of the county or of the village, as the case may require, shall pass such by-hiwa and take such proceedin^rs as may be necessary for lovyifig the said rates ; and shall, unle'ss such council has previously paid the amount to the municipality so liable, pay over the same when collected to the municipality which is liable for the del>t on account of which the rates were imposed. (4) Where the councils do not agree as aforesaid, the Lieu- tenant-Governor in Council may, before proclamation has been made, and upon the petition of a majority of the resident ti-eoholders and householders of the village, and with the assent ot at leiwt two of the councils of the townships in which the village is situate, annul the incorporation of the village and restore the same to its former position as an unincorporated village, and the same shall tliereupon be reinstated to its tormer position to the same extent as if no proceedings for in- corporation had ever been taken. 46 V. c. 18, s. 13. 14. In case the council of an incorporated village petitions the Lieutonant-Governor to add to the boundaries thereof, the Lieutenant-Governor may, subject to the provisions of section 10 of this Act, by proclamation, add to the village any part of tlie localities adjacent, which, from the proximity of the streets or buildings therein, or the probable future exigencies oi the village, it may seem desirable to add thereto ; and in case the territory so added belonged to another county, it shall tlience- forward, for all purposes, cease to belong to such other county Addition tn villages by Litiutenan't- Governor. Bnd siiall beloiHr' ^ 46 V. c. 18, s. 14 fi Sec. 16. THE MUNICIPAL ACT. Chap. 184. 11 15. — (1) The county council of any county or union of ^**''"'^''»8 the counties, upon the application, by petition, of the corporation "[y^'^g or of any incorporated village or town not witlidrawn frora the towns, county, and with a population, as ascertained by the last municipal enumeration, not exceeding 2000, whose outstanding obligations and debts do not exceed double the net amount of the yearly rate then last levied and collected therein, may, in tlieir discretion, by by-law in that behalf, reduce t\ie area of such village or town by excluding from it lands used wholly for farming purposes. (2) The by-law shall defjne, by metes and bounds, the new ^'® J Jj""*^ *" limits intended for such incorporated village or town. defined. (3) No incorporated village or town shall, by such change of ^°^"'**j,°°^g , boundaries, be reduced in population below the number of 750 duced°befow souls. 75(». (4) The municipal privileges and rights of the villr.ge or town shall not thereby be diminished, or otherwise interferred with as respects the remaining area thereof. 46 V. c. 18, s. 15, 16.— (1) In case the council of an incorporated village pass a resolution, by a two-thirds vote of the members thereof, declaring that it is expedient that the village should become unincorporated, *id the resolution is approved by the electors in the manner required for l?y-law8 creating debte ; and in case the council of an adjoining municipality, or two or more of the adjoining muincipalities, pass a resolution or resolutions approv- ing of the territory comprised in the village being annexed to s'lch municipality or mupicipalities, the Lieutenant-Governor in Council may issue a proclamation annulling the incorpor- ation of the village, and annexing the territory included tlierein to such municipality or municipalities. (2) If the said territory is annexed to one municipality, such municipality shall be lia* te for the debts of the village, and shall be entitled to its assets, but if the territory is annexed to two or more municipalities the councils of such municipalities shall, before the proclamation issues, agree between themselves, or determine by arbitration, as to tlie proportion of the debt of the village to be borne by them respectively, and as to the assets, or proportion of the assets, of the said village which the municipalities shall respectively receive, and the municipalities shall respectively be liable for the proportion of indebtedness as determined by the agreement or award. (3) If the awai il or agreement instead of stating the propor- tion of the debt to be borne, as aforesaid, states the shares so to be borne in sums of money, then the fraction which is formed by taking the sum named as the amount borne by any municipality as the numerator, and the aggregate of the sum's named as the amonnts to be borne by the said municipalities as the denominator, shall be the proportion of the entire debt Municipal rights of vil- lage or town not to be abridged. An incorpo- rated village may become unincorpo- rated and may be an- nexed to an adjoining municipality. 12 Chap. 184. THE MUNICIPAL ACT. Sec. 17. to be borne by such municipality, whether or not the debt is , accurately stated in t|ie agreement or award. (4) It may be part of the arrangement between the village and the municipalify or municipalities that the village shall tor a tune, be charged with a special rate, or that it shall be relieved ot any rate, or part of a rate, imposed upon the rest of the municipality with which the village, or part of it, is to be united. ' (5) In case the municipalities proposing to receive parts of the territory comprised in the village are in different counties the provisions of this section may be acted upon with the assent (declared by resolution) of the councils, and unless such coun- cils have previously agreed, or shall within three months of the issue ot a proclamation under this section agree, as to the proportions in which the share of the county debt, which is re- ferable to snch villbge, shall be borne by the several counties the same shall be determined by arbitration under this Act. (6) Where part of the village is to be attached to a city or town separated from the county for municipal purposes, such separated citv or town shall be deemed a county within the meaning of the next preceding sub-section. 46 ", c. 18, s. 16. • uSrpTat l\~^^^ ^JT any unincorporated village or settlement ed vma|e **"^ '^^ immediate neighborhood lie wholly within the limits of a township, and when the residences of its inhabitants are suf- ficiently near to each other, in the opinion of the council of such township municipality, to render the same desirable, the council of the township in which the same are situate may, on the petition of a majority of the ratepayers within the area to be set off, one-half of whom shall be resident freeholders, by by-law, set the unincorporated village.or settlement and neio-h- bourhood apart from the remaining portion of the township°in which the same are situate, and with boundaries to be respec- tively defined and declared in the by-law, for the purposes hereinafter mentioned. (2) All the powers given to the council of every township bv this Act shall remain in force as respects the portion ot the township so set apart, and are hereby continued and extended to the council of e*^ery township wherein the portion thereof is so set apart, except so far as the same are or may be inconsis- tent witn the enactments of this section. * (3) In addition to the powers given to the council of every township by this Act, the council of every township wherein a portion has been set apart under the provisions of this Act, shall have all thq rights and powers conferred on the councils of cities, towns and incorporated villages by this Act, as respects Jurisdiction of township continued. Additional powers of township councils. v\ Sec. 19. THE MUNICIPAL ACT. Chap. 184. such portions as shall be so set apart, and may paas by-laws which shall apply exclusively and only to that portion of the township to set apart for the following purposes : (a) To compel all persons (resident or non-resident) liable to statute labour within such prescribed limits, to compound for such labour at any sum noti exceed- i°g ^1 ^'or each day's labour, and that such sum shall be paid in commutation of such statute labour, and for enforcing the payment of such commutation in money in lieu of such statute labour. (J) For all the purposes specified in sections 612 to 630, both inclusive, of this Act. 48 V. c. 39, s. 39 (1-3).' (4) Whenever in a township two or more portions thereof shall be so set apart as aforesaid, which shall adjoin, or lie con- tiguous to each other, the council of the township shall have power to pass a by-law uniting such separate divisions, so pre- viously set apart, into one division, whereupon the council shall have all the powers over, and relating to the united divisions as It the whole area embraced within the limits of the several divisions so united had originally been set apart under the pro- visions of this Act in one parcel. 49 V. c. 37, s. 36. 13 Division II.— Towns and Cities. Towns and Cities, how formed, and limits. Sees. 18-20. Restrictions as to area of Towns. Sec. 10. Wards, and additions to area. Sees. 21-23. Annexation of Incorporated Villages or Towns to adjacent Villages, Towns or Cities. Sec. 24. Towns, hoxo withdrawn from and re-united to jurisdiction of County. Sees. 25, 26. 18. A census of any town or incorporated village may at Census of any time be taken under the authority of a by-law of the coun- towns and cil thereof, 46 V. c. 18, s. 17. viUages. 19. In cace it appears by the census .-eturn taken under such by-laws, or under any statute, that a town contains over 15,000 inhabitants, the town may be erected into a city; and in case it appears by the return that an incorporated village contains over 2,000 inhabitants, the village may be erected into a town ■ but the change shall be made by means of and subject to the following proceedings and conditions : 1. The council of the town or village shall, for three months after the census return, insert a notice in sbme newspaper pub- lished in the town or village, or, if no newspaper is published therein, then the council shall, for three months, post up a_ notice in four of the mobt public places in the town or village, and insert the same in a newspaper published in the Town con- taining over 15,000 inhabi- tants may be erected into a city ; and vil- lage contain- ing over 2, 000 into a town. Notice to be given. 14 Chap. 184. THE MUNICIPAL ACT. Sec. 20. Census re- turns to be certified, and , publication of notice proved. Village may be made a town by proclamation. Existing debts to be adjusted in case of a town to be , made a city. Town may be made a city by proclama- tion. Limits of such new town or city. Wards. New division of wards in cities and towns. Extension of city or town. county tovyn of the county in which the town or village is situate, or if there is nosncii newspaper, tiien in the newspaper published nearest to, the said town or village, setting forth in the notice the intentibn of the council to apply fur the erection or the town into a city, or of the village into a town, and stating the limits intended to be included therein ; 2. The council of the town or village shall cause the census returns to be certified to the Lieuteuant-Governor in council, under the signature of the head of the corporation and under the corporate seal, and shall also cause the publica- tion aforesaid to be proved to the Lieutenant-Governor in council ; then, in the case of a village, the LieutenaiU- Gover- nor may, by proclamation, erect the village into a town by a name to be given thereto in the proclamation ; 3. In case the application is for the erection of a town into a city, the town shall also pay to the county of which It forms part, such portion, if any, of the debts of the county as may be just, or the council of the town shall agree with the council of the county, as to the amount to be so paid, and the periods of payment, with interest from the time of the erection of the rtew cjty, or, in case of disagreement, the same shall be determined by Arbitration under this Act ; and upon the council proving to the Lieutenant-Governor in Council the payment, agreement or arbitration, then the Lieutenant-Gover- nor may, by proclamation, brect the town into a city by a name to be given thereto in the proclamation. 46 V. c. 18, s. 18. 30. The Lieutenant-Governor may include in the new town or city such portion of any township or townships adjacent thereto, and within the limits mentioned in the aforesaid notice as, from the proximity of streets or buildings, or the probable future exigencies of the new town or city, the Lieutenant- Governor may consider desirable to attach thereto 46 V c 18, 8. 19. ^• 21, The Lieutenant-Governor may divide the new town or ' y into wards with appropriate names and boundaries, but no town shall have less than three wards, and no ward in such town or city less than 500 inhabitants. 46 V. c. 18, s. 20. _ 83. In case two-thirds of the members of the council of a city or town do, in council, before the 15th day of Julv in any year, pass a resolution affirming the expediency of a new division into wards being made of the city or town, or of a part of the same, either within tlie existing limits, or with the addition of any part of the localities adjacent, which, from the proximity of streets or buildings therein, or the probable future exigencies of the city or town, it may seem desirable to add thereto respectively, or the desirability of any addition being made to the limits of the city or town, the Lieutenant- Governor may, hy nroclamation. ®°«- and other officers so appointed shall hold office until removed by the council. 46 V. c. 18, s. 40. 41. Every provisional council may acquire the necessary property at the county town of the junior county on which to erect a court house and gaol, and may erect a Court house and gaol thereon, adapted to the wants of the county, and in con- formity with any statutory or other rules arid regulations respecting such buildings, and may pass by-laws for such purposes. 46 V% c. 18, s. 41. 4*4. The powers of a provisional connciljshall not interfere with the powers of the council of the union, and any money raised by the provisional council in the junior county shall be independent of the money raised therein by the council of the union. 46 V. c. 18, s. 42. 43. After a provisional council has procured the necessary property, and erected thereon the proper buildings for a court house and gaol, such council, and the council of the senior or remaining counties, may enter into an agreement for the settlement of their joint liabilities and the disposition of their joint assets (other than real estate), and for determining the balance or amount that may be due by the one county to the other, and the times of payment thereof; and in determining the balance the senior or remaining counties shall assume the debts of the union, and the junior county be charged with such part thereof as may be just; and the value of the real estate, which upon the separation, becomes the property of the senior or junior county respectively, and any improvement effected by the union which either county gets the exclusive benefit of, shall also be taken into account. 46 V. c. 18, s. 43. Provisional council may aciiuire laud, and erect thereon gaol and court hou8«. Respective powers of provisional council and council of union. Agreement upon dissolu- tion as to joint liabili' ties and joint assets. Senior county to assume debts of union. Junior county to be charged with just pro- portion. 44. No member ot the provisional council shall vote or take when previ- part in the council of the union on any question affecting such sional council- agreement, or the negotiation therefor. 46 V. c. 18, s. 44. 45. In case the councils, within one month after the period mentioned in section 43, are unable to determine by agreement the several matters hereinbefore mentioned with respect to their debts, assets and property, such matters shall be settled between them by arbitration under this Act, and the county found liable shall pay to the other county the balance or amount agreed or settled to be due by such county, and such lors shall not vote. In case of disagreement, disputes to be determined by arbitra- tion Pa)rment of amounts found due. M f' Sec. 46. 22 Chap. 184. THE MUNICIPAL ACT. • amount shall bear interest at six per centum per annum'fVoiu the (lay on which the union ie dissolved, and shall he provided for, like other deht», by the council of the county liable there- for after separation. 46 V. c. 18, s. 46. Appointment 46. After the sum, if any, to be paid by the junior county otw o^cials^ *** **'® senior or remaining county or counties has been paid ■ or ascertained, by agreement or arbitration, a Judge may be appointed as provided by The British North America Act, 1^67, and the Lieutenant-Governor or Lieutenant-Governor in Council, as the case may be, shall appoint a sheriff, one or more coroners, a clerk of the peace, a clerk of the County Court, a registrar, and at least twelve Justices of the Peace, and shall provide in the commission or commissions, tliat the api)ointment8 are to take effect on the day the counties become disunited. _^46 V. c. 18, &. 46. Final separa- 47. After Buch appointments are made the Lieutenant-Gov- cmuitie" by ®''"^^' ^.'"^^^' ^3' proclamation, separate the junior county from pjoclamation. the senior or remaining county or counties, and shall declare such separation to take effect on the 1st day of January next after the end of three months from the date of the proclama- tion ; and on that dav the Courts and officers of the union (in- cluding Justices of the Peace) shall cease to have any jurisdic- tion in the junior county^^; and the real property of the cor- poration of the union situate in the junior county shall become the property of the corporation of the junior county, and the real property situate in the remaining county or united counties shall be the uroperty of the corporation of the remain- ing county or united counties; and the other assets belong- ing to tiie corporation of the union, shall belong to and be the property of the senior or junior county or union of counties respectively, as agreed upon at the separation ; and, if not ^ otherwise disposed of by agreement or arbitration, they shall belong to and be the property of the senior county, or union of counties ; and in the case of choses in action, tlipy may be recovered in an action, or other proceeding, instituted or commenced in the name of the senior county or union of counties. 46 V. c. 18, s. 47. Officers and 48. When a junior county is separated f; in a vnion of property, counlies, the head and members of the prov'siounl cincil of etc., cortmu-tjjg jjjjjjQp county, and the officers, by-laws, . ■ p^M-ia, ^.roper.,^, assets and liabilities of the provisional corporation, shall be the head and members of the council, and the officers, by-laws, contracts, property, assets and liabilities of the new corporation. 46 V. c. 18, 8. 48. Property, how divided Execution and servic. 49. The dissolution of a union of counties shall not prevent „f .,„„„„„„ lit? sheriff of any senior county from proceeding upon and hands of cr>,.iplenng the execution or service within the junior county sherittattiuviof any writ of mesne or final process in his hands at the tiiup of separation. Sec. 54. THE MUNICIPAL ACT. Chap. 184. 28 of SJTih separation, or of any renewal thereof, or of any aubse- qiien or supplementary writ in the bhiiio cau8e ; or, in the case of uxecutionB against lands, from executing all necessary deeds and conveyance: relating to the same, and the acts of all such sheriffs in that behalf shall bo and be )i«>ld and construed to 1)0 It'fjal and valid in the same manner and to the same extent as if no separation had taken place, but no further. 46 V. c. 18, 8. 49. «1>0. If upon a dissolution of a union of counties, there is Change of place of tri 111 actions, pending an action, or other civil proceeding in which the county p'»^« ."^ trial town of the union has been named as the place of trial, "^**^J™|."' the Court in which the action or pi-oceeding is pending, or any Benaration. Judge who has authority to make orders therein, may by con- sent of parties, or on hearing the parties npon affidavit, order tho place of trial to be changed, and all records and papers to be transmitted to the proper officers of tho new county. 46. V. c 18, 8. 60. 51. In case no such change is directed, all such actions and If no order other civil proceedings shall bo carried on and tried in the '""'l^. ^'here proceeding's to be cttrned senior county. 45 V. c. 18, s. 51, on. 58. All Courts of the junior county required to be held at Place for a place certain, shall bo held in the county town of the junior hol'l'ng courts county. 46. V. c. 18, 8. 52. ^y;^ -rip Division VI. — Matteks Consequent uvon the Formation OF New Corpokations. By-Laws to continue in force. Sees. 53, 54. , Debts and Liabilities how affected. Sees. 55-59. Officials and their sureties, Iww affected. Sees. 60-63.- 53. In case a village is incorporated, or village or town (with or without additional area) erected into a town or city, or a township or county becomes separated, the by-laws in force therein respectively shall continue in force nntil repealed or altered by the council of the new corporation ; but no such by-laws shall be repealed or altered unless they could have been or can be legally repealed or altered by the council which passed the same. 46 V. c. J 8, c. 53. By-laws in force prior to formation of new corpora- tion to con- tinue in force until altered by council of new corpora- tion. 54. In case an addition is made to the limits of any munici- what by-laws pality, the by-laws of such municipality shall extend to the bind where additional limits, and the by-laws of tl»e municipality from ^''"i*^ °^ * which the same has been detached shall cease to apply to the^rnxtendS addition, except only by-laws relating to roads and streets, and these shall remain in force until repealed by by-laws of the municipality to which the addition has been n^ade. 46 V. c. 18. 8. 54. I t ' 24 Chap. 184. THE JfUNICIPAL ACT. 3cc. 56. timeof disBo- p^^^'P^'*''^*^^ Village, or of a village into a town, or of a town lution. into a city, the village, town or city shall remain subject to the debts and liabilities to which the locality was previously liable, in like manner, as if the same had been contracted or incurred by the new municipality ; and, after the separation of a county or township from a union, each county or tovvn- sliip which fcrmed the union, shall remain subject to the debts and liabilities of the union, as if the same had been contracted or incurred by the respective counties or townships of the nnion after the dissolution thereof. 46 V. c. 18, s. 55. Adjustment 56- After an addition has been made to a village, town f mits ex^ ^^ !^^}l ^y *^^® annexation of an adjoining village, or town, or tended. adjoining portion of a township, the city, town or village whose limits shall have been so extended, shall pay to the township or county from which tiie additional territory lias been taken such part, if any, of the debts of the township or county as may be just, and shall be entitled to receive from and be paid by the township or county the value of tlie interest which the added territory had at the time of making sucli addition in the property and assets of the township or f nty, and in case the councils do not, within three months :er the first meeting of the council of the municipality to which the addition has been made, agree as to the sum to be paid or received as aforesaid, or as to the time of }>ayinent, the matter shall be settled by arbitration under this Act. 48 V. c. 39, 8. 2. KsulTfoJ" ^^' ^^^^^ ^^^^ formation of a new corporation by the disso- debts^and To ^"t'on of a union of counties or townships, the council of tiie bind the old senior or remaining couuty or township shall issue its deben- andnew tures or Other obligations for any part of any debt contracted municipalities j^^, ^|jg y^J^[QJ^ f^^ which debentures or other obligations might have been, but had not been, issued before the dissolution ; and the debentures or obligations shall recite or state the liability of the junior county or township therfor under this Act ; and the junior county or township shall be liable there- for as if the same had been issued by the union before the dis- solution. 46 V. c. 18, 8. 57. ABsesBments for the year preceding dis solution. Special rates for debts con tinued and to be paid over by treasurer of the juiiiof county. 58. All assessments imposed by the council of the then corporation for the year next before the year in which the new corporation is formed by separation therefrom, shall belong to the then corporation, and shall be collected and paid over accordingly, and after the separation all special rates for the payment of debts theretofore imposed upon the locality by any by-law of the former corporation shall continue to be levied by the new corporation ; and the treasurer of the new coj-por.itin'j slialj pay over the amount as received to the trea- surer of the senior or remaining municipality, and the latter Sec. 63. THE MUNICIPAL ACT. Chap. 184. 25 shall apply the money so received in the same manner as the money raised under the same by-law in the senior or remain- ing municipality. 46 V. c. 18, s. 68. '9. In case the amount paid over, as in the last preceding If the sum se tion provided for, or jiaid to any creditor of the senior or re-P^'^ "^er ex- maining municipality, in respect of a liability of the former *'^'''*' ^Ml"'* corporation, exceeds the sum which, by the agreement orrcessmaybe award between the councils, the new corporation ought to'^covered. pay, the excess may be recovered against the senior or remain- ing municipality, 46 V. c. 18, s. 59. 60. In case a village is incorporated, or a village or town is erected into a town or city, or a township or county becomes separated, the council and the members thereof having authority in the locality or municipality im- mediately previous to the incorporation, erection or separation shall, until the council for the corporation is organized, con- tinue to have the same powers as before; and all other officers and servants of the locality or municipality shall, until dis- missed, or until successors are appointed, continue in their respective offices, with the same powers, duties and liabilities as before. 46 V. c. IS, s. 60. 61. The separation of a junior county or township from aEffectof sepa- union of counties or townships, shall not in any case or in any ""ation "pon manner whatever effect the office, duty, power or responsibility SJL';?''"" of any public officer of the union who continues a public officer sureties of tlie senior county or township, or remaining counties or tovviisliips after such separation, or the sureties of such ofhcer, or their liability, further than by limiting such office duty, power, responsibility, suretyship and liabili;y to the senior county or township, or icuiaining counties or town- ships. 46 V. c. 18, 6. 61. Former coun- cil and officers to exercise jusisiliction over new mu- nicipalities, etc., until new councils are organized. 62 All such public officers shall, after the separation, be the officers of the senior county or township or remaining counties or townships as if they had originally been respec- tively appointed public officers for such senior county or town- .J^V ^^ *°'' ^"^^ remaining counties or townships only. 46 v. c. 18, 8. 62. 63. All sureties for such public officers shall be, and remain liable, as if they J'.ad become the sureties for such public officers ill respect only of such senior county or township, or of such remaining counties or townsliips ; and all securities wiiicli nave been given shall, after the separatiou, be read and constrnec. as if they had been given only for the senior or remaining county or counties, or township or townships; but nothing herein contained shall affect the right of new securi- , "'.V:"p ■■■■v'^'i to uugivun by any sheriff, or by any clerk ur baihfi, or other public officer, under any statute, or other- wise how- lever. 46 V. c. 18, 8 63 Further pro- visions as to officers and their sureties. Right to re- quire new se- curities not afected. 26 Chap. 184. THE MUNICIPAL ACT. Sec. 64.. PART II. MUNICIPAL COUNCILS, HOW COMPOSED. Title I. — The Membbks. Title IT. — Qualu joation, Disqualification, and Exemption. TITLE I.— THE MEMBERS. Div. I. — In Counties, Div. II. — In Cities. Div. III.— In Towns. Div. IV. — In Incorpobated Villages. Div. v.— In Townships. Div. VI. — In Provisional Cobpobaiions. Division I. — In Counties, Councils. Sec. 64. Certificate of Election, etc. Sees. 65-67. County Coun- <»4. The council of every county shall consist of the reeves cils. and deputy -reeves of the townships and villajjes within the county, and of any towns within the county which have not withdrawn from the jurisdiction of the council of the county, and one of the reeves or deputy-reeves shall be the warden. 46 V. c. 18,s. 64. Certificates as to election and nu^mber of freeholders and house- holders to be filed by reeves and deputy reeves. 05. No reeve or deputy-reeve shall take his seat in the county council until l)e has filed with the clerk of the county council a certificate of the township, village or town clerk, under his hand, and the seal of the municipal corporation, that such reeve or deputy-reeve was duly elected, and has made and subscribed the declarations of oftice and qualification as such reeve or deputy-reeve; nor, in case of a doputy-reeve, until he has also tiled with the clerk of the count" an .affirmation or declaration of the clerk or other person having the legal ens- See. 67. THE MUNICIPAL ACT. Chap. 184. 27 tody of the last revised assessment rolls for the miuiicipality which he represents, that there appear upon snch rolls the names of at least 500 freeholders and householders in the mnni- ■ cipality,^ possessing the same property qualification as voters, for the first deputy-reeve elected for the municipality, and that no alteration reducing the limits of the municipality^ and the number of persons possessing the same property qualification as voters below 600 for each additional deputy-reeve, has taken place since the said rolls were last revised. 46 V. c. 18, s. 65. * 60. The certificate in section 65 mentioned may be in the Form of certi- fol lowing form : ficate as to election, etoj I. ;^- ^^ ?f , , Clerk of the Corporation of the Township (Town or Village as the case may he) of , in the County of , do hereby, under my hand and the seal of the said Corporation, certify that O. Z>., of , , Esquire, was duly elected Reeve {or Deputy Reeve as the case may be), of the said Township (Town or Village ax the case may be), and has made and subscribed the declara- tion of oflace and qualification as such Reeve (or Deputy Reeve, aa the case may be). Given under my hand and the seal of the said Corporation of at , in the said Township (Town or ViUage as the case may he), this day of , A. D. 18 . \ Seal of the < Municipal ( Corporation. A. B. Township (Town or Village) Clerk. 46 V. c. 18, 8. 66. 61. The declaration in section 65 following form : mentioned may be in the Form of decla- ration as to number of ^,h "^ -^•' °^ > GntUman, Clerk of the Township (Town or and housJf V illage, as the case way be) of , in the County of holders do hereby declare and affirm as follows : (1) That I am the person having the legal custody of the lasv revised assess- ment roll for the said Township (Town or Village as the case may be). (2) That there appear upon the said roll the names of at least hundred (5(X) for each Deputy Reeve) freeholders and householders in the said Township (Town or Village as the case may be), possessing the same property (jualification as Toters. . (3) That no alteration reducing the limits of the said Municipality, and the number of persons possessing the same property qualification as voters below hundred (500 for each Deputy Reeve), has taken place since the said roll was last revised. A. B. 46 V. c. 18, 8. 67. 28 Obap. 184. THE MUNICIPAL ACT. Sec. 68. Division II. — In Citiks. Councils. Sec. 68. CityCouncils. 68. The council of every city shall consist of the mayor, who shall be the head thereof, and three aldermen for every ward, to be elected in accordance with the provisions of this Act. 46 V. c. 18,8. 68. Division III. — In Towns. Councils. Sec. 69. Towu Councils, 69. — (1) The council of every town shall consist of the mayor, who shall be the head thereof, and of three councillors for every ward where there are less than five wards, and of two coimcillors for each ward where there are five or more wards ; and if the town has not withdrawn from the jurisdiction of the council of the county in which it lies, then a reeve shall be added, and if the town had the names ot 500 freeholders and householderH on the last revised assessment roll, possessing the same property qualifications as voters (notwithstanding that such persons may not be entitled to be voters), then a deputy reeve shall be added, and for every additional 500 names of persons possessing the same property qualification as voters on such roll, there shall be elected an additional deputy-reeve: Reduction of Provided always that the council of every town, where there cm^ciUors ^^'^ ^^^^ *'*^*" ^^^ wards, may, upon a petition of not less than 100 municipal electors, pass a by-law reducing the number of councillors for each ward to two ; but such by-law, before tiie final passing thereof, shall receive the assent of the electors of the municipality in the manner provided for in section 293 and following sections of this Act. (2) Any time after two annual municipal elections shall have been held, under a by-law passed as provided for under this section, the council of the municipality shall, upon the presentation to the council of a petition of not less than 100 resident municipal electors, asking the council to submit a by-law to a vote of the electors, for the repeal of the by-law so passed, in accordance with section 293 of this Act, without unnecessary delay, submit such repealing by-law to a vote of ttie electors of the municipality ; tne proceedings in regard to the submission of such by-laws, both as to enacting and repeal, shall be as provided in this Act in regard to by-laws requiring the assent of the electors. 46 V. c 18, s. 69. Sec. 72. THE MUNICIPAL ACT. Chap. 184. 29 Division IV. — In iNCOEi-oEAXED Villages. Councils. Sec. 70. 10. The council of ever}' incorporated village shall consist of Incorporated one reeve, who shall be the head thereof, and tour councillors, T.^^^se Coun- and if the village had the names of 500 freeholders and house- '"' hoMers on the last revised assessment roll, possessing the same property qualification as voters (notwithstanding that such persons may not be entitled to vote), then of a reeve, deputy- reeve and three councillors, and for every additional 500 names of persons possessing tlie same property qualifications as voters on such roll (notwithstanding that such persons may not be entitled to be voters), there shall be elected an additional deputy-reeve instead of a councillor. 46 V. c. 18, 8. 70. Division V. — In Townships. Councils. Sec. 71. 11. The council of every township shall cousist of a reeve. Township who shall be the head thereof, and four councillors, one coun- Councils, cillor being elected for each ward, where the township is divided into wards, and the reeve to be elected by a general vote ; but if the township had the names of 500 freeholders and householders on the last revised assessment roll, possessing the same property qualification as voters (notwithstanding that such persons may not be entitled to vote), then the council shall consist of a reeve, deputy-reeve, and three councillors and for every 500 additional names of persons possessing the same property qualification as voters on such roll (notwith- standing that such persons may not be entitled to be voters), there shall be elected an additional deputy-reeve instead of a councillor. 46 V. c. 18. s. 71. Division VI. — In Provisional Coepobaiions. Councils. Sec. 72. 1^. The_ reeves and deputy-reeves of the municipalities provisional within a junior county for which a prov^'ional coun&il is Councils, established, shall, ex-ojficio, be the members of the provisional council. 46 V. c. 18*. s. 72. 30 Chap. 184. THE MUNICIPAL ACT. Sec. 73 TITLE II.-QUALIFICATION, DISQUALIFICATION, A^D EXEMPTIONS. DiV. I. — QCJALIFIOATICN. DiV. II. — DieQUALIFICATION. Div. III. — Exemptions. UivisioK I. — Qualification. /J, In each Municipality. Sec. Nature of Estate to he possessed. Sec. 74,. In new Township where no Assessment Roll. Sec. 75. Where only one qualified person /or each seat. Sec. 76. Qualification cl mayors, aldermen, etc In towns ; In cities ; In townships; 13. No person shall be qualified to be elected a mayor, alderman, reeve, deputy-reeve or councillor of any municipality unless such person resides within the municipality, or within two miles thereof, and is a natural born or naturalized subject of Her Majesty, and a male of the full age of twenty-one years, and is not disqualified under this Act, and has, or whose wife has, at the time of the election, as proprietor or tenant, a legal or equitable freehold or leasehold, or partly freehold and partly leasehold, or partly legal and partly equitable, rated in his own name, or in the name of his wife, on the last revised assessment roll of the municipality, to at least the value following, over and • , above all charges, liens, and encumbrances afifecting the same ; In villages; 1. In incorporated villages— Freehold to $200, or leasehold to $400 ; 2. In towns— Freehold to $600, or leasehold to $1,200 ; 3. In cities— Freehold to $1,000, or leasehold to $2,000 ; . 4. In townships— Freehold to $400, or leasehold to $800 ; And 80 in the same proportions in all municipalities, in case the property is partly freehold and partly leasehold ; _ But, if within any municipality, any such person is at the time of election in actual occupation of any such freehold, rated in his own name, or in the name of his wife, at the last revised assessment roll of the said municipality he will be entitled to be elected, if the value at which such freehold is actually rated in said assessment roll, amounts to not less than $2,000, and for that purpose the said value shall not be affected or reduced by any lieu, encumbrance or charge existing on or affecting such freehold. 50 V. c. 29, s. 2. 14. The term " leasehold " in the last preceding section shall not include a term less than a tenancy for a year, or from year to year ; and the qualifications of all persons, where a qualifica- tion is required under this Act, niay be of an estate, either legal or equitable, or may be composed partly of each. 46 V. c. 18, 3. 74. " Leasehold defined. Nature nf estate. Sec. 78. THE MUNICIPAL ACT. Chap. 184. 31 7S, In case of a new township erected by proclamation, for In new town- whicii there has been no assessment roll, every person who, at ?^'P "''* '**^* time of the firet election, has such an interest in real property, menrroU and to such an amount as hereinbefore mentioned, shall be deemed to be possessed of a sufficient property qualification. 46 V. c. 18, s. 75. 16. In case in a municipality there are not at least two per- If only one sons qualified to be elected for each seat in the council, no P^"?"} "^^ qualification beyo.id the qualification of an elector shall be 2ac*h Jea/^*^ ' necessary in the persons to be elected. 46 V. c. 18, s. 76. the counci'l" Division II. — Disqualification. Persons Disqualified. Sec. 77. 77. (1) No Judge of a.iy Court of civil iuriadiction, no gaoler or keeper of a house of correction, no sherifl', deputy sheriflf, sheriff" 's bailiflf, high bailiff or chief constable of any city or town, assessor, collector, treasurer, or clerk of any munici- pality, no bailiff' of any Division Court, no county crovtrn attorney, no registrar, no deputy clerk of the crown, no clerk of the County Court, no clerk of the peace, no innkeeper or saloonkeeper, or shopkeeper licensed to sell spirituous liquors by retail, no license commissioner or inspector of licenses, no police magistrate, and no person having by him- self or his partner an interest in any contract with or on behalf of the corporation, and no person who is counsel or solicitoi, eithor by himself or with or through another, in the prosecution of any claim, action or proceeding against the muni- cipality shall be qualified to be a member of the council of any municipal corporation. 46 V. c. 18, s. 77 ; 47 V. c. 3^, s. 2. (2) But no person sliall be held to be disqualified from being elected a member of the council of any municipal corporation by reason of his being a shareholder in any incorporated company having dealings or contracts with the council of such municipal corporation, or by having a lease of twenty-one years or upwards, of any property from Uie corporation, but no such leaseholder shall vote in the council on any question affecting any lease from the corporation, and no such shareholder on any question aff'ecting the company. 46 V. c. 18, s. 77. Persons dis- qualified from being mem- bers of coun- cils. Proviso ; as to shareholders in companies having deal- ings with cor- porations and leases for 21 years from corporation. Division III. — Exemptions. Officials and Persons exempted. Sec. 7S. 18. All persons over sixty years of age, all Members and Exemptions, officers of the Legislative Assembly of Ontario, and of the Senate or House of Commons of Canada, all persons in the civil ser- 32 Ohap. 184. THE MUNICIPAL ACT. See. 78. vice of the Crown, all Judges not difeqimlified by the last pre- ceding section, all coroners, all persons in priests' orders clergy- men and ministers ot' the Gospel of every denomination all members ot the Law Society of Ontario, whether barristers or students, all solicitors in actual practice, all offi(!ers of Courts of Justice, all members of the medical profession, whether physicians ar surgeons, all professors, masters, teachers aiKl other members of any univei-sity, college or school in Untario, and all officers and servants thereof, all millers, and ail hremen belonging to an authorized tiro company— are exempt Irom being elected or appointed members of a muni- cipal council, or to any other municipa. office. 46 V. c. 18 s 78. See also as to Firemen, Cap. 188, ss. 2-4, ' PART III. MUNICIPAL ELECTIONS. Title I.— Electobs. Title II. — Elections. Qualification of electora. TITLE I.— ELECTORS. Division I, — Qualification. Freehold, fftmsehold, Income, or Farmers' Sons. Sec. 79. Amount of rating requisite. &c. 80. Persons in default for von-patjment of taxes. Sec. 81. Elector must he named on voters' list. Sec. 82. In^Neio Municipality haoing no Assessment Roll. Sec. 83. Where new Territory added. Sec. 84. Joint or several rating on sam^ property. Sees. 85, 86. Householder, definition of. Sec. 87. '''?•— (1) Subject to the provisions of the next followiii]g(.^ annually, on the nrat Monday in January, the n»em- n'enibers'of ^^rB of the couiicll of the nuHiiclpality, except such members councils of as have been elected at the nomination ; and the persons so ™""'"l"*''*'®* elected shall hold office until their successors are elected or tle»i^' ''''"° appointed and sworn into office, and the new council is Termofoffice. organized. 46 V. c. 18, s. 88. First elec- tions where corporations are newly erected or extended. Time of elec- tions. Place to be fixed by by- law of muni- cipalities. 89. In case of the incr rporation of a new township or union of townships ; or of the separation of a junior town- ship from a union of townships; or of the eeclion of a locality into an incorporated village; or of the erection of a village into a town or of a town into a city ; or of an addi- tional tract of land being added to an incorporated village, town or city ; or in case of a new division into wards ot a town or city, — the first election, under the proclanation or by- law by which the change was effected, shall take place on the first Monday in January next after the end of three months from the date of the proclamation, or from the passing of the by-law by which the change is made, and until such day the change shall not go into effect ; but the nomination of candi- dates and the election of such officers as are unopposed, may, and shall be proceeded with at the same time and in the same manner as if such change had gone into effect on the last Mon- day of the month of December preceding such first election, or on such other day hb the nominations may lawfully be held upon. 46 V. c. 18, s. 89. 90. The council of every city, town and village munici- pality (including a village newly erected into a town, and a town newly erected into a city), shall from time to time, by by-law, appoint the place or places for holding the next ensuing municipal election, otherwise the election shall be held at the place or places at which the last election for the municipality or wards or polling subdivisions was held. 46 V. c. 18, s. 90. County coun- cil to appoint place of first election in junior town- ships after separation. 91. When in any year a junior township of a union has 100 resident freeholders and householders on the then last revised assessment roll, the council of the county shall, by a by-law to be passed before the thirty-first day of October in the same year, fix the place for holding the first annual election of councillors in the township, and appoint a returning officer for holding the same, and otherwise provide for the due holding of the election according to law. 46 V. c. IS, s. 91. Sec. 97. (1). THE MUNICIPAL ACT. Chap. 184. 87 9'i. In case of the separation of a union of townshipH, the Exittingward existing divisions into wards, if any, shall cease, us if the same '''X'"'""" '«> liati heen dnly abolished by by-law, and the elections of coun-£'^t,5"J^J^„ cillors shall bo by general vote, until the township or town- on diMoiution ships are divided into polling subdivisions or wards under the °^ ""'""■ provisions of this Act. 46 v. c. 18, s. 92. 93. Tlio election, in townships and incorporated villages, of Election of reeves, deputy-reeves and councillors, shall be by general vote, ''eeves, etc.in except in the case of deputy-reeves and councillors in townships **'T"*'''^' divided into wards, and sliall be held at tiie place or places S'^Uagr' where the last meeting of tlie council was held, or in such other *<> »>e by gen- place or places as may be from time to time fixed by by-law ^"^ ^''*®- 46 V. c. 18, 8. 93. J J ■ 94. In cace a nriajority of the qualified electors of a town- Upon petition ship on the last revised assessment roll petition the council of the council the township to divide the township into wards, or to abolish!"**'' Ij^l'^" or alter any then existing division into wards, the council tXhslJpa shall, within one month thereafter, pass a by-law to give effect into wards, to such petition ; and, if such petition is for division into wards, **"• shall divide such township into wards, having regard to the number of electors in each ward being as nearly equal as may be ; and the number of wards for municipal purposes shall beKlectionof four in all cases; and where the township is divided into deputy- wards, and is entitled to one or more deputy reeves, the T®*^*'- ®*°' councillors shall, at their first meeting, elect from among them- '"*"*''' *'**^" selves such deputy-reeve or reeves. 46 V. c. 18, s. 94 ' 95. Every election shall be held in the municipality to which Election to the same relates. 46 V. c. 18, s. 95. be held in municipality. 96. No election of township councillors shall be held with- Election of ■ in any city, town or incorporated village, nor shall any election township for a municipality, or any ward thereof, be held in a tavern or ''°""'^'"'""*- in a house of public entertainment licensed to sell spirituous or fermented liquors. 46 V. c. 18, s. 96. |i'^ Division II.— Returning Officers and Depdty-Returning Offioeks. When election hy polling subdivisions Sec. 97, When not. Sec. 98. Beat/i or absence, provision for. Sec. 99. Authority of . Sees. WO, iOl. Special Constables. Sec. 101. 9T(- — (1) The council of every municipality in which the %-la«' for an election is to be made by wards or polling subdivisions, shall, Ss'nV"Li trom time to time, by by-law, appoint : ' Tng sub- ^ divisions. W*»iHs»ffl«n<.AA 38 Chap. 184. THE MUNICIPAL A^'T. Sec. 97. (1). (a) The places for holding the nomination for each ward . (b) The returning officers who shall respectively hold the nominations for each ward ; (c) The places at which polls will be opened in the munici- pality in case a poll is required ; (d) The deputy returning officers who shall preside at the respective polHng pla es. (2) The clerk of the municipality shall be the returning officer for the whole municipality, and in case of a poll beino- required, the deputy returning officers shall make to him the whole munici- re I arns for their resptritive wards or polling subdivisions. 46 pality. Y f, 18, b 97. 98. In the case of a nmnicipality in which the election is not to be by wards or polling subdivisions, the clerk shall be the returning officer to hold the nomination of candidates at all elections after the first, and shall also perform all the duties hereinafter assigned to deputy -returning officers. 46 V. c. 18, B. 98. Clerk of mu- nicipality to be returning officer for Returning officer for elections not by wards or polling sub- divisions. The death or ^9. In any case where a deputy-returning officer refuses or absence of neglects to attend at the time urA place he is required by the *^gg^*"™™8 returning officer to receive his voters' lists, and other election deputy retur- pftpsrs, the clerk of the municipality as returning officer shall ning officer appoint another person to act m his place and stead, and the provided for. person SO appointed shall have all the powers and authority that he would have had if he had J-een appointed by by-law. In casd, at the time appointed tbi holding a nomination or poll, the person appointed to be returning officer or deputy- returning officer has died, or does not attend to hold the nomination or poll within an hour after the time appointed, or in case no returning officer or deputy-returning officer has been appointed, the electors present at the place for holding the nomination or poll may choose from amongst themselves a returning officer or deputy-returning officer, and such returning officer or deputy-returning officer shall have all the powers, and shall forthwith proceed to hold the nomination or poll, and perform all the other duties of a returning officer or deputy- returning officer. 46 V. c. 18, s. 99 ; 50 V. c, 29, s. 4. Jletnrning officers and deputy re- turning offi- cers to be cou' ssrvators of the peace ; their powers, 100. Every returning officer and deputy-returning officer shall, during the days of the election, or of the voting of electors upon a by-law, act as a conservator of the peace for the city or county in which the election or voting is held ; and he, or any Justice of the Peace having jurisdiction in the municipality in which the election or voting is held, may cause to be arrested, and may summarily try and punish by fine or imprisonment, or both, or may imprison or bind over to keep tl)e iifiRce, or for trial, any riotous or disorderly person wb.o assaults, beats, molests or threatens any voter coming to or See. 102. THE MUNICIPAL ACT. Chap. 184. 39 remaininj? at, or going from the election or voting; and, when thereto required, all constables and persons present at the election or voting, shall assist the returning officer, or deputj-- returning officer, or Justice of the Peace. 46 V. c. 18, s. 100. 101. Every returning officer, or deputy-returning officer, or Special con- Justice of the Peace may appoint and swear in any number of "*»Wes may special constables to assist in the preservation of the peace''^ ^^°''''"'' and of order at an election or at the voting of electors upon a by-law; and any person liable to serve as constable,' and required to be sworn in as a special constable by a returning officer or deputy-returning officer, or justice, shall, if he refuses to be sworn in or to serve, be liable to a penalty of $20, to be recovered to the use of any one who will sue therefor. 46 V. c. 18, s. 101. Division III. — Oaths. Of freeholder. Sec. 102. 0/ householder or tenant. Sec. 103. Of income voter. Sec. 104. Of farmer's son. Sec. 105. Administering. Sec. 106. 103. The only oaths or affirmations to be required of a Oaths, etc., person claiming to vote in respect of a freehold, shall be a8°^P^"»'» follows, or to the like effect. claammg to vote as a You swear {or solemnly affirm) that you are the person named, or pur- ^'"'^^^^l^*'"- porting to be named, in the list {or supplementary list) of voters now shewn to you (shewing the list to the voter); (In the case of an unmarried luoman or toidow claiming to vote ) That you are unmarried {or a widow, as the case may be) ; That you are in your own right (or your wife is) a freeholder. That you are a natural born {or naturalized) subject of Her Majesty and of the full age of twenty-one years ; j j> (In tht case oj Municipalities not divided into ivards.) That you have not voted before at this election, either at this or any other polling place. (In the case of Municipalities divided into wards.) That you have not voted before at this election, either at this or any other polling place in this Ward and (if the elector is tendering his vote for Mayor, Reeve, or l)epnty-Reeve)tha.t you have not voted before or elsewhere in this Munici- pa ity at this election for Mayor, (Reeve or Deputy-Reeve as the case may That you have not directly or indirectly received any reward or gift nor do you expect to receive any, for the vote which you tender at this' election ; . That you have not received anything, nor has anything been promised to you, directly or indirectly, either to induce vou to vote at this Al«^fmn or for loss of time, travelling expenses, hire of team, or any other service connected with this election ; H I 40 Chap. 184. THE MUNICIPAL ACT. Sec. 102. In new municipality where no as- sessment roll. Oath of house' holder or tenant. And that you have not directly or indirectly paid or promised anvthincr *J^*".V person either to induce him to vote or refrain from voting at this So help you God. (In the case of a new Municvpality in which there has not been any assess- ment roll, then instead of referring to the list of voters, the person offering to vote may he required to state in the oath the vroperty in respect of which he claims to vote.) '. «^.)yn, 46 V. c. 18, s. 102 ; 47 V. c. 32, s. 4. 103. The oath or affirmation to be required of a person claiming/ to vote as householder or tenant, shall be as follows or to the like effect : You swear (or solemnly affirm) that you are the person named, or pur- porting to be named, in the list, (or supplementary list) of voters now shewn to you (shewing the list to the voter) ; (In tJie case of an unmarried icoman or widow claiming to vote.) That you are unmarried (or a widow, as the case may be) ; T^atonthe day of 18 (the day certified by the Clerk of the Mnmcipality as the date of the recurn, or of the final revision and correction of the assessment roll upon which the voters' list used at the election is based) you were actually, truly, and in good faith, possessed to your own use and benefit, as tenant or occupant, of the real estate in respect of whit' your name is entered on the said list ; That you are (or your wife is) a householder or tenant within this Municipality ; That you have been resident within this Municipality for one month next before this election ; That you are a natural-born (or naturalized) subject of Her Majesty, and of the full age of twenty-one years ; (In the case of inunicipaUties not divided into wards.) That you have not voted before at this election, either at this or any other polling place ; (In tJie case of municipalities divided into wards.) That you have not voted before at this election, either at this or any other polling place in this Ward, and (if the elector is teiideritr, his vote for Mayor, Reeve, or Deputy Reeve) that you have not voted before or elsewhere in this Munici- pality at this election for Mayor, (Reeve or Deputy Reeve, as the case may be); That you have not, directly or indirectly, received any reward or gift, nor do you expect to receive any, for the vote which you tender at this election ; That you have not received anything nor has anything been promised to you directly or indirectly, either to induce you to vote at this election, or for loss of time, travelling expenses, hire of team, or any other service connected with this election ; „ And that you have not directly or indirectly paid or promised anytliing to any person either to induce him to vote or refrain from voting at this election ; So help you God. In new (In tlie case of a new Municipality in which there hasfnot been any assess- mumcipahty ment roll, then, instead of swearing to residence for one month next before the where no as- election, and referring to the list of voters, the person offerimi to vote man be sessmeut roll, j.„„.,,-„„j /,, „*„/^ ,-„ ii^ „„ft. *],„ „..„,„„j.. ,-., ..,.„-,/ -j^,,^..-,! r , ■ , •' . and that he is a resident of such Municipality.) 46 V. c. 18, s. 103; 47 V. c. 32, B. 4. Sec. 105. THL MUNICIPAL ACT. Chap. 184. 41 Jt I04. The oath or affirmation to be required of a person Oath of in- claiming to vote in respect of income sliall be as follows : come voter. You swear (or solemnly affirm) that you are the person named (or pur- porting to be named by the name of ) on the list (or supple- mentary list) of voters now shewn to you (shevmig the list to thevotw); (In the case of a tvidow or unmarried woman claiming to vote ) That you are unmarried [or a widow, as the case may he); ./^i^M^- /•/ J^^'f . . ^^ (th^ day certified by the Clerk of the MunicipaUty as the date of the final revision a^id correction of the assessimnt roll upon which the voter's list used at the election is based), von Tff '• ''S,*^ thenceforward have been continuously, and still are, a resident of this Township (City, Town or Village as the case may be); That at the said date, and for twelve months previously, vou were in receipt of an income from your trade (office, calling, or profession as the case may be) of a sum of not less than $400 ; That you are a subject of her Majesty by birth (or naturalization, as the case may be) ; and are of the full age of twenty -one years ; (In the case of Municipalities not divided into Wards. ) That you have not voted before at this election, either at this or any other polling place ; (InthecaseofMimicipaUties divided into Wards.) That you have not ^•r.ted before at this eection, either at this or any other polling place in this Ward, and (t/ the elector is tendering his vote for Mayor, Beeve or Deputy Reeve) that you have not voted before or elsewhere in this Muni- cipality at this election for Mayor (Reeve or Deputy Reeve, as the case ttiuu oc) ■ That you have not received anything, nor has anything been promised you, either directly or indirectly, either to induce you to vote at this elec- tion, or for loss of time, travelling expenses, hire of team, or any other service connected with this election ; "^ And that you have not, directly or indirectly, paid or promised anything eLSr'"^""' *° '" "°^ ''^ *° ^°*^ *"" '■''^'■''"' -''°"' ^°*"^g ^* this So help you God. 46 V. c. 18, s. 104 ; 47 V. c. 32, s. 4. 105. The oath or affirmation to be required from a farmer's Oath of farm, son claiming to be entitled to vote shall be as follows : e?s son nZ'u ^T^i ^'"' ""'•'"^"ly 'Vffi'-m) that you are the person named (or pur- porting to be named by the name of , i„ the \hi (nv supplementary list) of voters now shewn to you (sherohuj the list to the nUl^^f'^^^Z- ■■ ,u 'H°^. 1^ (the day certified by the and t r ^'''T^^^'^y' "' *''' '^f' "-^ *''' »-"'""^ "»• 0/ '■ townships not divided into wards, and incorporated villages, atde'rmen eS noon, on the last Monday in December, annually, at the town hall of such municipalities, or at such place therein, and in cities and towns at such places in each ward thereof, as may tro.n tirfie to time be fixed by by-law, subject, in the case of townships to the provisions of section 111; and the deputy- reeves shal be designated as first, second, third, etc., accordinff to the number to be elected. 46 V. c. 18, s.l09. nanl^' /" 4-'''!^^"^' ^''''^^^ "'^^ '^''''^^^ *^'*^ nomination of In townships candidates for the office ot reeve shall be held at ten of the ^I'^i-^ed into c ock in the forenoon on the last Monday in December at such '^*'"'^°' place in the township as may from time to time be fixed by by-law and the township clerk shall preside; the nomination ot candidates tor the office of councillor, to be elected for each ward, sha 1 take place at noon, at he town hall of the township or at such place in the township or in each ward as may be fixed by by-law ; subject, however, to the provisions of section 111. 46 V. c. 18, s. 110. 111. Where a township is so situated that the terri tor v of Place of meet- such township adjoins the limits of any city, town, or incorpor-»»g f»r nomi- ated village, such city, town, or village may be designated by °t*i°pr*f by-law as the place of meeting for the nomination of candidates ' "^ tor the offices of reeves, deputy-reeves, and councillors, as the case may be,, under and in accordance with the provisions of the preceding two sections of this Act. 48 V. c. 39, s. 5. 113. When the last Monday in December happens to be " nomination < liristmas day, the nomination of candidates ibr the offices of il'^^ ^*"« "° mayor and aldermen in cities, and of m.avor, reeve, deputy- S;''*'"^ ^Bm ' 44 Chap. 184. THE MUNICIPAL ACT. Sec. 112. County coun- cil may by by- law lengthen time between nomination and polling in townships. Copy of by- law to be sent to townships affected. Presiding officer. Notiee of nomination meeting. Nomination and proceed- ings incident thereto. I'oll — when and where to be held. Resignation of persons proposed for office at nomi- nation meet- ings. Proviso. reeve and councillors in other municipalities, shall take place on the preceding Friday, ac the ti'nes and places and in the manner prescribed by law. 46 V. c. 18, s. 111. 113. — (1) Every county council may, by by-law, made on or before the 1st day of July in any year provide that the day for the nomination of candidates for reeve, deputy-reeves, and councillors in townships shall be upon the last Monday but one in December, but all the other provisions of law relating to municipal elections shall apply to the elections in such town- ships. (2) Forthwith, after the pi -iiy of such by-law, the county clerk shall transmit a copy th- . - of to tlie clerks of the town- ships to which the same relates. 46 V. c. 18, s. 112. 114. The returning officer appointed for each ward, as in section 97 mentioned, or the clerk as the case may be, sliall respectively preside at the meeting for the nomination of can- didates, and in case of tlie absence of such presiding officer, the meeting may choose a chairman. 46 V. c. 18, s. 113, 115. The clerk or other returning officer whose duty it is to preside at the meeting for the nomination of candidates shall give at least six days' notice of such meeting. 46 V. c. 18, s. 1 14. 116. At the said meetings, the person or persons to fill each office shall be proposed and seconded seriativi ; and if only one candidate for any particular office is proposed, the clerk or other returning officer or cliairman shall, after the lapse of one hour from the time fixed for holding the meeting, declare sucli candidate duly elected for such office. But if two or more candidates are proposed for any particular oflSce, and if a poll is required by them respectively, or by any elector, the clerk or other returning officer or chairman shall adjourn the pro- ceedings for tilling such office until the first Monday in Janu- ary next thereaftei', when a poll or polls shall be opened in each ward or polling subdivision, at such place or places respectively as may be fixed by the by-law of tlie said councils for tlie election, at nine of tho clock in the morning, and shall continue open until five of the clock in the afternoon, and no longer. 46 V. c. 18, 8. 115. III. At the nomination meeting or at any time within two days thereafter, any person proposed for one or.more offices maj resign, or elect for whicli office iie is to remain nominated ; and in default he shall bo taken as nominated for the office in respect of wiiich lie was first proposed and seconded ; the clerk or otlier returning officer or chairman shall, on the day follow- ing that of the nomination, post up in the office of the clerk of tlie municipality tlie nanies of the persons proposed for the respective offices ; provided always, that the resignation after Sec. 120. (2). THE MUNICIPAL ACT. Chap. 184. 45 the nomination meeting of any person so proposed shall be in writing, signed by him and attested by a witness, and shall within said two days, be delivered to the clerk of the munici- pality ; provided, also, that if by reason of sucii resignation Proviso, only one candidate remains proposed for a particular ofKce the clerk or other returning officer shall declare such candidate duly elected for snch office. 47 V. c. 32, s. 5. 1 18. In case of a poll at an election of persons to serve in Votes to be municipal councils, the votes shall be given by ballpt. 46 V ^^ ^^^^°^- c. 18, s. 117. List of Defaulters in payment of Taxes. ,„ M*-~p) ^" ^^ before the day of nomination of candidates, Preparation It the collectors' roll has been returned to the treasurer of the "^^ !•" of de- municipality, tlie treasurer shall prepare and verify on oath,^^""*"' or if the collector's roll has not been t-o returned, the collector shall prepare and verify on oath, a correct alphabetical list of— (a) All persons who, being on the voters' list (that is to say the first and second parts thereof) by reason of their income only, havo not paid their municipal taxes on such income on or before the 14th day of December preceding the election ; and, {b) In municipalities which have passed by-laws under sub-section 2 of section 489 of this Act, all persons on the voters' list (that is to say the first and second parts thereof), who have been assessed for real pro- ])erty, but have not paid their municipal taxes on such property on or before the 14th day of Decem- ber preceding the election, (2) Where a municipality is divided into polling subdivisions. List to be such a list of defaulters shall be made for each polling sub- made for each division. polling division. (3) The person preparing the said defaulters' lists, shall fur- certified nish to all person applying for the same, certified copies thereof copies to be and of the affidavit verifying the same, in the same manner '''-™i8hed. and for the same compensation as copies of the voters' list are to be furnished. 46 V. c. 18, s. 118. Ballot Boxes. 130.--a) Where a poll is required, the ci- -k of the munici- BaUot boxes pality shall procure or cause to be procred as. many boxes to be fur- (hereinafter called ballot boxes) as there are wards or polling °'^^^^- subdivisions within the municipality. (2) The ballot boxes shall be made of some durable material, Row m^de shall be provided with a lock and key, and Rhall be so con- structed that the ballot paper can be 'introduced therein, and cannot be withdrawn therefrom unless the box be unlocked. I I' 46 Chnp. 184. THE MUNICIPAL ACT. Sec. 120. (3). .kpIiT/^rotur" (^^ ^^®" '' becomes necessary for the purpose of an election ning otficoM. *» use the ballot boxes, it shall bo tho duty of the clerk of the municipality, two days at least before the polling day, to deliver one of the ballot boxes to every deputy-returning oflScer ap- pointed for the purposes of tho election, (4) The ballot boxes, when returned to the clerk after the election, shall bo preserved by hira for use at elections for the municipality ; and it shall be the duty of the clerk to have ready for use, at all times, as many ballot boxes as there are wards or polling subdivisions in the municipality. (5) If the clerk fails to furnish ballot boxes in the manner herein provided, ho shall incur a penalty of $100 in respect of every ballot box which he has failed to furnish in the manner prescribed. Deputy (6) It shall be the duty of the deputy-returning officer in every officers'to ^ard Or polling subdivision not supplied with a ballot box within procure boxes ^^^ ti™^ prescribed, forthwith to procure one to be made, and he when not may issue his order upon the treasurer of the municipality in which such ward or polling subdivision is situate for the cost of the ballot box, and the treasurer shall pay to the deputy-return- ing officer the amount of the order. 46 V. c. 18, s. 119. Clerk to pre- serve boxes for future elections. Penalty on failure to fur- nish boxes. supplied. Balfot Papers. Ballot papers 131.— (1) Where a poll is required, the clerk of the mumci- l'"nt«''- pality shall forthwith cause to be printed, at the expense of the municipality, such a number of ballot papers as will be sufficient for the purposes of the election. Contents luui (2) Every ballot paper shall contain the names of the duly pa^rs. * nominated candidates, arranged alphabetically in the order of their surnames; or if there are two or more candidates with the same surname-, then in the order of their other names. 46 V. c. 18 8. 120. ^f'Pn "* sets i^*Z. — (1) The names of the candidates for mayor in cities, Jers tobe*" P'"^ ^°^ mayor, reeve and deputy-reeves in towns, shall not be prepared. included in the same ballot paper with the names of the can- dates for aldermen and councillors respectively ; but In cities. In towns. (2) In cities one kind or set of ballot papers shall be prepared for all the wards or polling subdivisions, containing the names ' of the candidates for mayor, and another kind or set shall be prepared for each ward or polling subdivision containing the names of the candidates for aldermen in the ward ; and (3) In towns one kind or set of ballot papers shall be prepared for all the wards or pi lling subdivisions, containing the names of the candidates for mayor and reeve and deputy-reeve, and another I'ind or set shall be prepared for each ward or polling subdivision, containing the names of the candidates for councillors in the ward ; and Sec. 127. THE MUNICIPAL ACT. Chap. 184. 47 (4) In townships d.vicled into wards, one kind or set of ballot I" town.hips japers shall be prepared for all the wards, containini/ the names '^'"''^^'^ '"'° of the candidates for reeve, and another kind or set sTiall be pre- pared for each ward, containing the names of the candidates for councillors in the ward. 46 V. c. 18, s. 121. .u^^x\ ^^^ j'^"^* P^Pe^'s shall be in tho form of Schedule A to Form of bal- this Act. 46 V. C. 18, S. 122. lot papers. Polling Places. VU. In case of municipalities which are divided into wards Clerk to fur- or polling subdivisions, the clerk of the municipality shall, before"'*'' '^^P"*>' the opening of the poll, deliver or cause to be delivered to every ^Hith deputy-returning officer the ballot papers which have been pre- ballot papers, pared for the use in the ward or polling subdivision for which **°- such deputy returning officer has been appointed to act, an.l shall also furnish to the deputy-returning officer or see that he is turnished with the necessary materials ^r voters to mark the ballot papers ; and such materials shall be kept at the polling place by the deputy-returning officer for the convenient use of voters. 46 V. c. 18, s. 123. 125. Every polling place shall be furnished with a compart- Compartment ment in which the voters can mark their votes screened from ^'»«''«"i ^'o- observation ; and it shall be the duty of the clerk of the munici- toter^""""'' pality and deputy-returning officers respectively, to see that a proper compartment for that purpose is provided at each polling place. 46 V. c. 18, s. 124. * Directions to. Voters. 186. In case of municipalities divided into wards or polling clerk to fur subdivisions the clerk of the municipality shall, before thfSdeJutT opening of the poll, deliver or cause to be delivered to every '^""""S. u the guidance of voters in voting, as he may deem sufficient, and voters' gui.l- snail so deliver or cause to be so delivered at least ten copies of*"""^' such printed directions ; such directions shall be printed in con- spicuous characters, and may be according to the form in Schedule a to this Act., 46 V. c. 18, s. 125. nf '.?!' "^ir"^ deputy-returning officer shall, before the opening Deputy re- ' ot the poll, or immediately after he has received the printed turning offi- directions from the clerk of the municipality, if he did not re- ''''", t? P''*- dh-Iotln^Tf ^"\''' *^. 'P'"'."^ f '^' P°"' ^'^"^^ '^' printed £c?L. cliiections to be placarded outside the polling place for which he IS appointed to act, and also in every compartment of the nollinfr place, and shall see that they remain so placarded until the close of the polling. 46 V. c. 18, s. 126 48 Chap. 184. THE MUNICIPAL ACT. Sec. 128. Voters' and Defaulters' Lists. St toVe°S "'^* ^^^J^^^ *o ^^^ provisions of the next following three sec- at an election, tio'^^ ^^^ proper list of voters to be used at an election shall be the first and second parts of the last list of voters certified by Rev. Stat. tjjg Judge and delivered or transmitted to the clerk of the peace *'• *• under the Voters' List Act. 46 V. c. 18, s. 127. For first elec- 1/89. For the first election of a new municipality for which tion in iww there is no separate assessment roll, the clerk of the municipality mumcip 1 y. ^j^^jj pj.Qyj(jg every deputy-returning ofiicer with a poll book, pre- pared according to the form of Schedule C to this Act, instead of a voters' list, and either the deputy-returning officer or his sworn poll clerk shall therein enter, in the proper column, the name of every person offering to vote, and at the request of any candidate or voter, shall note the property on which the person claims to vote opposite his name. 46 V. c. 18, s. 128. section 84. Voters' lists 130.— (1) Where any territory is added for municipal pur- in cases under poses, to any city, town, or village, or where a town with addi- tional territory is erected into a city, or a village with additional territory is erected into a town, or where a new village js formed, and an election takes place before voters' lists including the names of the persons entitled to vote in such territory are made out, or before such lists are certified by the County Judge — in all such cases, the clerk of the new or enlarged city, town, or village shall extract the names of the several persons who would be entitled to vote in the territory composing or added to (as the case may be) the city, town, or village if such territory had re- mained separate from the city, town, or village, from the last filed or certified voters' list of the municipality or municir palities to which such territory formerly belonged, containing the names of the persons entitled to vote in respect of such ter- ritory, and shall place such names in lists or supplementary lists (as the case may be). Form of sup- (2) Such lists or supplementary lists shall be made in the form plementary of Schedule C to this Act, and shall be signed by the clerk, and delivered by him to the proper deputy-returning officers for the purpose of enabling the persons named in such lists to vote at the election. 46 V. c. 18, s. 129. lists. List of voters, l^l. — (1) In any municipality for which there is a separate assessment roll, but for which no voters' list for the municipality has been filed with the clerk of the peace or certified by the County Judge under The Voters' Libts Act, the clerk of the municipality shall, before the poll is opened, prepare and deliver to the deputy-returning officer for every or any ward or polling subdivision, a list in the form of Schedule C to this Act, conlaining the names, arranged alphabetically, of all male persons appearing by the then last revised assessment Rev. Stat, c. 8. Sec. 136. (1). THE MUNICIPAL ACT. Chap. 184. 49 roll to be entitled to vote in that ward or polling sub-di vision and shall attest the said list by his solemn declaration in writing under his hand. * (2) In the case of — . , (o) Income voters, and • ' {b) Persons assessed for real property, if the municipality has passed a by-law under sub-section 2 of section 489 of this Act, the clerk shall exclude from the list such persons as may be ?«„„„. in returned to him by the treasurer or collector as being in default arrX" for tor not having paid their municipal taxes respectively on or be- ***®'' *^*" ^^ fore the 14th day of December preceding the election; and every Fr'omSJ list of voters so prepared shall be the proper voters' list to be used at the election. 46 V. c. 18, s. 180. 132. In the case of municipalities which are divided intonr wards or polling subdivisions, the clerk of the municipality shall, ciieTi '^ betore the poll is opened, deliver to the f'oputy-re turning oflJcer ^°*«'"''' !'«* for every ward or polling subdivision, a copy, accor.dini to the:?elt!7o*' form of Schedule to this Act, certified to be correc? of fhedlpVt rlr. proper list of voters for the ward or polling subdivision under "'"8 "^^e"- section 128 and following sections; and also a copy of the proper defaulters list for the polling subdivision, certified by the trea- surer or collector pursuant to section 119 of this Act. 46 V. c. io, 3. lol. i 133. The copies of the voters' lists in the next preceding sec- r ■ tion mentioned, may be prepared by the clerk of the municipal- pSreTb^y ity, or may be pi:ocured from tho clerk of the peace, if filed ^^^'k of muni- under The Voters' Lists Act, and in the latter case the clerk of "P*"'^,''/ the peace shall be entitled to receive the sum of six cents for^SlJeir every ten voters whose names are on the list. 46 V. c. 18, s. 132. Rev.Stat. c.8. 134. The defaulters' lists furnished and verified by the trea-n«fa u ■ surer or collector as aforesaid, shall be the evidence on which the l?sfto\'revi. aeputy-returning officers shall act in ascertaining the payment *^^"^« ^°'" • elec or authorized to be present, may administer to the deputy- returning officer the oath required by law to b. taken by voterl 3B <■■ 52 Chap. 184. THE MUNICIPAL ACT. Scb. 142. Division V — The Poll. Ballot box toie exhibited. Sec, 142. Duty of Deputy Betuming-Officer. ^ecs. 142-145, 155. Hoio votes to be received. Sees. 143-146. ffow ballot paper to be marked. Sec. 146. Exclusion from balloting compartment. Sec. 147. Ballot papers not to be taken aioay. Sec. 148. Proceedings in case of incapacity to mark ballot. Sec. 149. Ballot paper inadvertently foiled. Sec. 150. Who m^y be present in polling place. Sec. 151. . . Counting the votes — Objections — Statement. Sec. 152. Who may be present at ihe counting of the votes. Sec. 153. Certifxates of state of poll See. 154. Returns^ etc., to be made by Deputy- Returning Officers. Sec. 155. Clerk to cast up votes and declare who is elected. Sees. 156, 160. Rirht of Clerk, Deputy- Returning Officers and Poll Clerks to xoi.e. Sec. 157. Riots. Sees. 158, 159. ■ - Declarations of Office to be made by persons elected. Sec. 161. Deputy re-' • 14/8. The deputy-returning officer shall immediately before turning officer the commencement of the poll, shew the ballot box to such per- ^p^y^t^pgy. sons as are present in the polling place, so that they may see sons preaent that it is empty, and he shall then lock the box and place his and then lock seal upon it in such a manner as to prevent its being opened and seal it. ^jthout breaking the seal ; and he shall then place the box in # his view for the receipt of ballot papers, and shall keep it so locked and sealed. 46 V. c. 18, s. 141. Proceedings 143. Where a person claiming to be entitled to vote pre- turnby;"officer86nt6 liimself for the purpose of voting, the deputy-returning officer shall proceed as follows: 1. He shall ascertain that the name of such person is entered or purports to be entered upon the voters' list for the ward or polling subdivision for which such deputy-returning officer Is appointed to act. 2. He shall record or cause to be recorded in tlie proper column of the voters' list, the residence and ttie legal addition of such person. 3. If such person takes the oath or affirmation required to be taken by voters in the manner directed by sections 102 to 105 inclusive of this Act, the deputy-returning officer shall enter or cause to be entered op])osite such person's name, in the propel* column of the said voters' list the word " Svjorn,''' or " Affirmed," according to the fact. 4. Wiiore the vote is objected to by any candidate ur Jiis agent, the deputy -returning officer sliall enter the objection, on tender of vote. Name. Recording. Oath. Objection. Sec. 146. THE MUNICIPAL ACT. Chap. 184. 53 Refusal to take the oath. or cause the name to be entered in the voters' list, by writing opposite the name of such person in the proper column, thi words Oljectedto' stating, at the same time, by which candi- date or on behalf of which candidate the objection has been made by adding after the words " Objected to," the name only ot sijcli candidate. ■' 5. Where such person has Been required to take the oath or attirmation and refuses to take the same, the deputy-returning othcer shall enter or cause to be entered opposite the name of sucii person, in the proper column of the voters' list, the words Refused to he Sworn;' or '' Rejused to Affirm;' according to the tact; and the vote of such person shall not be taken or received ; and if the deputy-returning officer takes or receives such vote, -or causes the same to be taken or received, he shall incur a penalty of $200. - 6 Where the proper entries respecting the person so claim- ing to vote have been made in the voters' list in the manner prescribed, the deputy-returning officer shall sign his name or initials upon the back of the ballot paper. 7. The ballot paper shall b' delivered to such person. 8. The deputy-returning officer may, and upon request shall eitlier personally or through his sworn poll clerk, explain to the voter, as concisely aa possible, the mode of voting. 46 V c 18 s. 142. • • w, 144. Every deputy-returning officer refusing, or wilfully omitting to sign his name or initials upon the back of the ballot paper as provided for by sub-section 6 of section 143 of this Act, shall forfeit to any person aggrieved by such refusal, or omission the suin of $10, in respect of every ballot paper deposited at his polling subdivision, upon which the said deputv- returning officer has nrt signed his name or initials as afore- said ; and the same m .y be recovered in the manner provided tor the recovery of penalties by section 214 of this Act 46 V c. 18, s. 143. ■ ■ 145. The deputy-returniiffe: officer shall place, or cause to be placed, in the columns of the voters' list, headed " iWayor;' Eccvey i^ov '^ Mayor ami Reeve'') '^ Alderman;' and "C^o?m- nUor, as the case may be, his initials opposite the name of every voter receiving a ballot paper, to denote that the voter has received a ballot paper for mayor, reeve, alderman, or oouncillor as the case may be. 46 V. c. 18 s. 144. *■*«• Upon receiving from the deputy-returning officer the M i,- ballot paper so preoared as aforesaid, tl.e person deceiving theblnofpLer same shall forthwith proceed into the compartment provided tor the purpose, and shall tiicn and ther-eiu mark his ballot nnner in .le uianner mentioned in tiie directions contained in Schedule a to this Act, by placing a cross, thus X, on the right-hand Deputy re- turning oflScer to sign name on ballot paper. Delivery of paper to voter. Deputy re- turning officer to explain mode of voting. Deputy re- turning officer refusing, etc. to initial ballot paper. Deputy re- turning officer to note in list voters to whom ballot papers given. I m'i 1 . 54 Chap. 184. THE MUNICIPAL ACT. Sec. 146 side, opposite the name of any candidate for whom he desires to vote, or at any other place within the division which contains the name of such candidate, and he shall then fold the ballot paper across, so as to conceal the names of the candidates, and the marks upon the face of such paper, and so as to expose the initials of the deputy-returning officer, and leaving the compart- ment, shall, without delay, and v;ithout shewing the front to any one or so displaying the ballot paper as to make "^known to any person the names of the candidates for or against whom' he has marked his vote, deliver the ballot paper so folded to the deputy- returning officer, who shall, without unfolding the same, or in any way disclosing th'e names of the candidates, or marks made by the elector, verify his own initials, and at once dtnosit the same in the ballot box in the presence of all persons entitled to be present and then present in the polling place ; and the voter shall forthwith leave the polling place. 46 V. c. 18, s. 145. Exclusion 141. While a voter is in a balloting compartment for the from balloting purpose of marking his ballot paper, no other person shall be compartment, allowed to enter the compartment;, or to be in any position from which he can observe the mode in which the voter marks his ballot paper. 46 y . c. 18, s. 146. < Voter not to 148. Nc person who has received a ballot paper from the take his bal- deputy-returning officer shall take the same out of the polling polFing^place! place; and any person having so received a ballot paper, who leaves the polling place without first delivering the same to the deputy- returning officer in the manner prescribed, shall thereby forfeit his right to vote ; and the deputy-returing officer shall make an entry in the voters' list, in the column for remarks, to the effect that such person received a ballot paper, but took the same out of the polling place, or returned the same declining to vote, as the case may bo ; and in the latter case the deputy returning officer shall immediately write the word " Declined upon such ballot paper, and shall preserve the same ; and in case the clerk of the municipality is not himself performing the duties of deputy-returning officer shall retu!^ said ballot paper to the clerk of the municipality, as hereinafter directed. 46 V. cT 1 8, 8. 147. Proceedings 140. In case of an application by a person claiming to be ca'adt'^to" ®"*^*^*^'^ ^^ ^^^^y "^^^ i^ incapacitated by blindness or other mar*k ballot physical cause from marking his ballot paper, or in case of a paper. person claiming to be entitled to vote who makes a declaration that he is unable to read, the proceedings shall be as follows : 1. The deputy-returning officer shall, in the presence of the agents of the candidates, cause the vote of such person to be marked On a ballot paper in manner directed hj such person, and shall place the ballot paper in the ballot box. * Sec. 152. (1). THE MUNICIPAL ACT. Chap. 184. 65 2. The deputy-returning officer shall state or eause to be stated in the voters' list, by an entry opposite the name of such person in the proper column of the voters' list, that the vot« of such porson is marked in pursuance of this section, and the reasd >vhy it is so marked. . . : ^. The declaration of inability to read, or of incapacity to mark a ballot paper, may be in the form of Schedule E to this Act, and shall be made by the person claiming to be entitled to vote, at the time- of the polling, before the deputy-returning officer, who shall attest the same as nearly as may be according to the form given in Schedule F to this Act, and the said declara- tion shall be given to the deputy-returning officer at the time of voting. 46 V. c. 18, s. 148. 150. A person claiming to be entitle ,o vote who has inad- proeeedincs vertently dealt with his ballot paper in such a manner that it in ease ballot cannot be conveniently used as a ballot paper, may, on delivering P*?^"" cannot to the deputy-returning officer the ballot paper so inadver- ^ "*^'^' tently dealt with, and proving the fact of the inadvertence to the satisfaction of the deputy-returning officer, obtain another ballot paper in the place of the ballot paper so delivered up, and the deputy-returning officer shall immediately write the word I' Cancelled " upon the ballot paper and preserve the same; and in case the clerk of the municipality is not himself performing the duties of deputy-returning officer, the deputy-returning officer shall return the ballot paper to the clerk of the municipality as * hereinafter directed. 46 V. c. 18, s. 149. 151. During the time appointed for polling no person shall Who may be be entitled or permitted to be present in a polling place, other P»"esent at than the officers, candidates, clerk, or agents, authorized to ^"^"''^ P^**'®' attend at the polling place, and such voter as is for the time be- ing actually engaged in voting ; it shall at all times be lawful for the deputy-returning officer to have present or to summon to his assistance in the polling place, any police constable or peace officer, for the purpose of maintaining order, or of preserving the public peace, or preventing any breach thereof, or of remov- ing any person who may, in the opinion of the deputy-returning officer, be obstructing the polling or wilfully violating any of tho provisions of this Act. 46 V. c. 18, s. 150. i5% Immediately after the close of the poll in every polling r< k +i place, the deputy-returning officer shall, 'n the presence of the vo"^ poll clerk. (if any) and of such of the candidates or of their agents as may then be present, open the ballot box, and proceed to count the votes as follows : 1. He shall examine the ballot papers, and any ballot paper Rejected which has not on its back the name or initials of the deputy- ballots, returning officer, or on which more votes are given than the elector is entitled to give, or on which anything, except the 56 Chap. 184. THE MUNICIPAL ACT. Sec. 152. (1). Deputy re- turning officer to note objec- tions taken Lo ballot papers at the count- ing, and number objection and ballot paper to correspond. Endorsing ballot paper. Statement. Statement to be signed. Agents en- titled to be present. initials or name of the deputy-returning officer on the back, is written or marked, by which the voter can be identified, shall be void,' and shall not be counted; and any ballot paper on whi li votes are given for a greater number of candidates for any office than the voter is entitled to vote for, shall be void as regards all the candidates for such office, but shall be good as regards the voteo for any other offices in respect to which the voter has not voted for more candidates than he is entitled to vote for. 2. The deputy-returning officer shall take a note of any objec- tion made by a candidate, his agent or any elector authorized to be present, to any ballot paper found in the "ballot box, and shall decide any question, arising out of the objection. 3. Every objection shall be numbered, and a corresponding number placed on the back of the ballot paper, and initialed by the deputy-returning officer. 4. The deputy-returning officer shall endorse ^'^ Rejected" on any ballot paper which he rejects as invalid, and shall endorse '■'■Rejection objected to,'' if any objection is made to his decision. 5. The deputy-returning officer shall then count up the votes given for each candidate upon the ballot papers not rejected, and make up a written statement, in words as well as in figur-^s, of the number of voces given for each candidate, and of the number of ballot papers rejected and not counted by him which shall be made under the several heads — (a) Name or number of ward or polling subdivision and of the municipality and the date of election ; {h) Number of votes for each candidate ; (c) Rejected ballot papers. 6. U|>on the completion of the written statement, it shall be forthwith signed by the deputy-returning officer, the poll clerk, if any, and such of the candidates or their agents as may be present, and desire to sign such statement. 46 V. c. 18, s. 151. 153. No more than two agents for any candidate shall be entitled to be present at the same time at the counting of the votes. 46 V. c. 18, s. 152. Deputy re- '«^''^- Every deputy -returning officer, upon being requested so turning officer to do, shall deliver to the persons authorized to attend at his to give certiti- polling place, a certificate of the number of votes given at that of poll. polling place, for each candidate, and of the number of rejected ballot papers. 46 V. c. 18, s. 153. Deputy re- turning offi- CcF 3 duties J after votes are '''^oras counted. 155. — (1) Every deputy -returning officer shall, at the close of the poll, certify under his signature on the voters' list in full the total number of persons who have voted at the Sec. 156. (3). THE MUNICIPAL ACT. Chap. 184. 67 polling place at which he has been appointed to preside, and at the completion of the counting of Vutes after the close of the poll shall, in the presence of the agents of the candidates, make up into separate packets, sealed with his own seal, and the seals of such agents of the candidate as desire to fix their seals, and marked upon the outside with a short statement of the contents of such packet, the date of the day of the election, the name of the deputy-returning officer, and of the ward or polling subdivision and municipality, (a) The statement of votes given for each candidate and of the rejected ballot papers ; (b) The used ballot papers which have not been objected to and have been counted ; (c) The ballot papers which have been objected to, but which have been counted by the deputy-returning officer ; (d) The rejected ballot papers ; (e) The spoiled ballot papers ; (f) The unused ballot papers ; {g) A statement of the number of voters whose votes are marked by the deputy-returning officer under the heads "Physical incapacity," and "Unable to r^ad," with the declarations of inability; and the notes taken of objec- tions made to ballot papers found in the ballot-box. ■ (2) Before returning the voters' list to the clerk of the muni- Declaration cipality the deputy-returning officer shall make and subscribe be- by deputy re - tore such clerk, or a Justice of the Peace or the poll clerk his tu^-ningofficer declaration under oath that the voters' list was used in the mm-Zl^Jm ner prescribed by law, and that the entries required by law to be made therein were correctly made ; which declaration shall be in - torm of Schedule G to this Act, and shall thereafter be annexed to the voters' list and such voters' list and declaration nay be in- spected at any time, in presence of the clerk, by anv elector of the municipality. , ' .v.^^j }■ ^^'if^""^ °f the municipality is not himself performing Packets of the duties of deputy-returning officer the deputy-returning officer ballot papers, stiall forthwith dehver such packets personally to the clerk of ^*''' *° ^ '^<'- themunicipality; and if he is unable to do so, owing to illness orSrkofmunf other cause, he shall deliver such packets to a person chosen byolpaVity him tor the purpose of delivering the same to the clerk; and shall mention on the outside of the cover of each of the packets the name of the person to whom the same had been so delivered, and shah taie a proper receipt therefur ; he ah^ll also forthwith return the ballot box to the clerk of the municipality. liiiaiiiaki 59 Chap. 184. THE MUNICIPAL ACT. Sec. 165. (4). on return of ballot papers, etc Statement to ^4^ rjt^Q packets shall be accompanied by a statement made deputy re- ^7 the deputy-returning oflScer, shewing the number of ballot turning oflacer papers entrusted to him, and accounting for them under the heads of (1) Counted ; (2) Rejected ; (3) Unused ; (4) Spoiled : (5) Ballot papers given to voters who afterwards returned the same, declining to vote ; and (6) Ballot papers taken from the polling place ; which statement shall give the number of papers under each head, and is in this Act referred to as the " Ballot Paper Account." Ifdiaputeaa (5) If the deputy-retuming oflScer and one or more of the arises how to Candidates or of the agents of the candidates present at the be settled. examination and counting of the ballot papers are unable to agree as to the written statement to be made by the deputy- returning oflBcer the packages of ballot papers shall be broken open by the clerk of the municipality, in the presence of the deputy-returning ofi&cer and such of the candidates or of their agents as may be present on the day succeeding the polling day, at an hour and place to be appointed, and of which they have been notified by the deputy-returning oflScer, unless the distance necessary to be travelled is such that the appointed place cannot be reached on the day following the poll, in which case a reason- able time shall be allowed, and no more, for the purpose of coming before the clerk of the municipality ; and the clerk of the municipality, after examining the ballot papers, shall finally determine the matter in dispute, and sign the written statement hereinbefore mentioned : and the clerk of the municipality shall forthwith, in the presence of the deputy-returning officer and such of the candidates or of their agents as may then be present, securely seal up the ballot papers which have been examined by him into their several packages as before. 46 V. c. 18, s. 154. Clerk to oast 15G. The clerk of the municipality, after he has received up votesand j.]^g ballot papers and statement before mentioned of the is eiected.eto. number of votes given in each polling place, shall, without opening any of the sealed packets of ballot papers, cast up the number of votes for each candidate from such statements ; and shall, at the tovs'n hall, or, if there is no town hall, at some other public place, at noon on the day following the return of such ballot papers and statements, publicly declare to be elected the candidate or candidates having the highest number of votes, and shall also put up in some conspicuous place a state- ment nnder his hand shewing the number of votes for each candidate. 46 V. c. 18, s. 155. In case of a tie clerk to have a cast- ing vote. 151. — (1) In case it appears, upon the casting up of the votes as aforesaid, that two or more candidates liave an equal number of votes, the clerk of the municipality, or other person appointed uj uj-law to discbarge his duties Oi Cierk in his Eusencc or lU' capacity through illness, and whether otherwise qualified or Sec. 161. THE MUNICIPAL ACT. Cbap. 184. 59 Deputy re- turning offi- ■• cers, etc., may vote if qualified. Election not commenced, or interrupted by reason of riot, etc., to be resumed. qualified or not, shall, at the time he declares the result of the poll give a vote for one or more of such candidates, so as to decide the election. ' , oo i,u (2) Except in such case, no clerk of the municipality shall but otherwise vot^e at any municipal election held in his ^municipality. See sec. °"* *« ''°^- (3) All deputy-returning officers and persons employed as deputy-returning officers and poll clerks, if otherwise qualified, shall be entitled to vote. 46 V. c. 18, s. 156. »""wu, 158. In case, by reason of riot or other emergency, an elecionis not commenced on the proper day, or is interrupted after being commenced and before the lawful closing thereof the r^TfA"*!^"''' °' ^«P»ty-returning officer, as the case may be, shall hold or resume the election on the following day at the hour of ten o'clock ,n the forenoon, and continue the same from day to day if necessary, for four days, until the poll has been opened without interruption, and with free access to voters for twelve hours in ah or thereabouts, in order that all the electors so intending may have had a fair opportunity to vote. 46 V. c. dav^?r;i"th'e'dlv fb«f '" ^'' ""''' ^V^^ '""^ '^^ the fourth if election is day trom the day the same commenced or should have com- prevented for menced, been kept open for the said twelve hours, the returnine r r'-'^yf ' P°" officer or deputy-returning officer, as the case may be, shall no! reTtfn;:d aiS re urn any person as elected, but shall return his voters' list and a t? etcSn ba lot papers on the following day to the head of the munici- °''^"''«^- pahty, certifying the cause of there not having been an election ; and a new election shall take place, and the head of the municipa ity shall forthwith issue his warrant therefor. 46 V c. 18, s. 158. See also sec. 181. 160. When a poll has been duly held in each of such wards n i .■ . or polling subdivisions, and the Lllot papers and statement Setrr"^ hereby directed to be returned to the clerk have been so re- 'i,'^*^ ^ "»« tui-nod to him the clerk shall, without opening any ..f the sealed '^"^• packets of ballot papers, cast up from said statements the number of votes given for each candidate for any office in espect whereof the election has not been previousl/ declared, ogether with the votes appearing by the statements previousl^ returned for other wards to be given for the candidate, and shaU at noon on the next day, at the town hall, or if there is no pnJ*i T,^ °'^'' P".^"' P^*««' Publicly declare to be 161. LIlLT°;Trr/i^.'?^i«i«hall make the neces- Declaration accordingryr'46'v:c:T8;s:r60?"""""°'' ^""^ '■■'''^' office and assump. sarv tion of office. Wf i ^"s i Vl '• ', " ,4- '' 1 ' 1 1 p r i ^ 1 c. 178. Computation of time. Sec. 174. ' Technical objections not to prevail. Sec. 175. Expenses of Clerk of Municipality, etc. Sec. 176. Ballot papers, how disposed jjjQ-jjth 163. The clerk of the municipality shall retain for one all ballot papers received by him or forwarded to him in pursuance of this Act by deputy-returning oflBcers, and then, unless otherwise of competent the presence of two witnesses, whose declaration that, they have witnessed the destruction of such papers shall be taken before the head of the municipality, and filed amongst the records of the municipality by the said clerk. 46 V. c. 18., 3. 161. VI mio .n.uK uj ucpuijf-iciui uiug uujucra, uiiu therwise directed by an order of a Court or Judge jurisdiction, shall cause them to be destroyed m Court or Judge. Ballot papers 103. — (1) No person shall be allowed to inspect any ballot ed only u ''*' P^P®*"^ ^" ^^e custody of the clerk of the municipality except order <>{ a under the order of a Court or Judge of competent jurisdiction, to be granted by the Court or Judge on being satisfied by evidence on oath that the inspection or production of such ballot papers is required for the purpose of maintaining a prosecution for an oflfence in relation to ballot papers, or for the purpose of a petition questioning an election or return ; and any such order for the inspection or producLion of ballot papers shall be obeyed by the clerk of the municipality. Order may be (2) The order may be made subject to such conditions as to condltioM. persons, time, place, and mode of opening or inspection as the Court or Judge making the order thinks expedient. Recount of votes by the County Judge. (3) In case it is made to appear, on the affidavit of a credible person, to the County Judge of the county in which the munici- pality is situated, at any time within fourteen days from the time the ballot papers are received by the clerk of the municipality, that a deputy-returning officer at any election in such munici- pality for mayor, alderman, reeve, deputy-reeve, councillor, or water commissioner, in counting the votes has improperly counted or rejected any ballot papers at such election, the County Judge may appoint a time to recount the votes, and shall give notice in writing to the candid.qtfig of the time and place at which he will proceed to recount the same. Sec. 163. (8). THE MUNICIPAL ACT. Chap. 184. 61 «K^f?/* *-f *-?i,M^ *^® application for a re-count, the applicant Deposit by shall deposit with the clerk of the County Court the sum of «25 «PPli°«nt as security for the payment of costs, charges and expenses that may become payable by the applicant, and the said sum shall not be paid out by the clerk without the order of the Judge. h,i?2 wf °"°*J "^"i^^' ^^^^^'^ °^ *^« municipality with the Who may b3 ballot boxes, and each candidate and his agent appointed to ?«•«««•»* »* attend the re-count of votes, and no other person except with the "■""""*• sanction of the County Judge shall be present at the re-count of tu© V0t6Sf J!L;f I *^^ *™\'"'n P^''® ''PP*''"**^'^ *^® ^0»°ty J" vvhich ta Is on such days, such things may be done on thn next juridical day ; but nothing in this section conSnedshaU extend or apply to the days fixed bv this Aot frZli • tion or elecSoVof candidaresforthcU^^^^^^ men in cities, and mayor, reeve, deputv-reeverand counci " lors in other municipalities. 46 V. c. 18,'8. 173 council- nS. No election shall be declared invalid bv reason of ..x. non-comphance with the rules contained in hJaA^?^ u*?°*'«'=«°" to taking of- the poll or the oonnVin^iAl . , ^^ *^ ^hebe invalid for anv mi«t«ti7 fr.li counting of the votes, or by reason of^'^t^f com- any mistakes in the use ot forms contained in the 8chednlp«P''.'«»«e with to this Act, or by reason of any irre^ularifv if JJ o!^L !lu P'^'^'.^l^a of tribunal haviim co^nizanPfi nf ' 7^^"'^"*^' " [^ appears to the act wfiere re- was onnd ,V3,, ^ ^ .. question that the election «"»* not thl Tc? " ill „. T^*""" ''''K^^^ principles laid down in'^'^-^^^- la tvdd nnt !ft- f"f/' "°"r'"P^'^"«« O"- "^^stake or irregu iarity did not effect the result of the election. 46 V. c.U8, munl^pam; 'Sr^the oCTftil"'"'''"'^ Y l^V^^^^ °^ *'^« ^'^P-- -' providiL hnlinf K u u ^*^®'''' a°<^ Clerks for printing, curred by providing ballot boxes, ballot papers, materials for markiS °«5«"« *« »^e CO r le c erk of the municipal ty by the trpasm-A,. nf *i njunicipa ty, and shall be distriubt/d by the clerk of It muincipahty to the several persons entitled^ theret; 46 v! c its Wk ! i i r -Uttm mmm 66 Chap. 184. THE MUNICIPAL ACT. Division VII.— Vacancies in Council. 177. Sec. 177. on ommitting to vacate By Crime, Insolvency, or Absence. Sec. Quo Warranto proceedings. Sec. 178. By Resignation. Sees. 179, 180. Row filled— New Elections. Sees. 180-182, 185. Seat heWi for residue of term. aS(SC. 183. Not to prevent organization of Co'uncil. Sec. 1^^. In certain cases Council to fill. Sec. 186. a . * 1, l'3'l. If alter the election of a person as member of a conn- come vacant cil he is convicted of felony or infamous crime, or becomes m- by crime, in- solvent within the meaning of the Insolvent Acts, or applies solvency, ab- ^^^ j.^-^^- ^^ ^^ indigent debtor, or remains in close custody, or sence, etc. ^-^^ j^jg property for the use of his creditors, or absents him- self from the meetings of the council for three months without being authorized so to do by a resolution of the council entered in its minutes, his seat in the council shall thereby become vacant, and the council shall declare the seat vacant and order a new election. 46 V. c. 18, s. 176. Quo wcoranto 178. In the event of a member of a municipal council for- proeeedings fgiting his seat at the council or his right thereto, or ot Ins be- 'S coming disqualified to hold his seat, or of his seat becoming vacant by disqualification or otherwise, he shall forthwith vacate his seat, and in the event of his omitting to do so at any time after his election, proceedings by quo warranto to unseat such member, as provided by sections 187 to 208, both inclu- sive, of this Act, may be had and taken, and such sections shall, for the purposes of such proceedings, apply to any such for- feiture, disqualification or vacancy. 46 V. c. 18, s. 177. Any member HO. Any mayor or other member of a council may, with may resign the consent of the majority of the members present, to be ^V*^ consent ^^^^^q^ o„ the minutes of the council, resign his seat in the cSr*^" council. 46 V. c. 18, s. 178. Eesignation 180. The warden of a county may resign his office by verbal of warden intimation to the council while in session, or by letter to the provided for. gounty clerk if not in session, in which cases, and_ in case ot vacancy by death or otherwi&e, the clerk shall notify all the Vacancies members of the council, and shall, if required by a majority of how mied. the members of the county council, call a special meeting to fill such vacancy. 46 V. c. 18, s. 179. >T 1 K 181 In case no return is made for one or more wards or piwided for! polling subdivisions, in consequence of nbn-election owing to and mode of interruption by riot or other cause, or in case a person elected conductintt ^^ ^ council neglects or refuses to accept office, or to make the necessary declarations of office within the time required, or in case a vacaiicy occurs in the couneil caused by resignation, death, judicial decision or otherwise, the head of the council conducting same Sec. 186. THE MUNICIPAL ACT. Chap. 184. 67 for the time being, or in case of his absence or of hi« nffl being vacant, the clerk, or in case of thpinJ. k ^""^ vacancy in the office of he clerk on« If fh u"^'®"^^ ^'* council, shall forthwith by warr^" under thf "-^'''/^ '^% such head, clerk or membpr if,.™' ki ■ signature of ing officer's and dep^t^.returninr nS '' ''^^ '"' ^5" ^«*"'-«- thS .last election fo^E ^n^S^imfZ^'^^^^^^^^ ^°?^ s. .gie.i^_.. -S:ls,^ 183. In case the office of mayor of a nifv nr f«, u ffl the „ffiee d„™7C Sal^f "^ tJi"^^t7.il or for wUch the ofcist S'ailed.'' ':ty'T^,:txtC'''''tt 'l^: ization of the new conneil Dmvl/, *« ."nmodiate organ- b„l „g,.o, the fun number of the^cloT^'wV. "T'^IZ P^^"' '^"^tT jg . of council. shRiiirreTe?tiot:^^^^^ receiving the warrant, and the Xk Z) • ^ ^T ^^^r ing new dec place for the nomination of candidates and h£'"' ^ '^"^"^ or uecjuie to elect the members ot council for n mnnJ^- i?^^'®^'^ PO'nt'ng re- half of the r„:"^ lS%™^';;il:'„ *r„XHtr^ appoint a, many q Swe/p'^Z™ .'."JT"^ °' "'^^'.-^l'"" Plete the n„mb^er%f ^X^ZZ^:"} ^^'^■^' "' «<>■"- appointed shall accept offlce and m,tr,'l ""■' P^on, so tions, nnder the same penaltv Tn .li „f V''?''''''^ ''"^'ara- if elected. 46 V o 18 s 184 ""' *"■ ""«'««' as I! ''''' I* ^ l> a,i' I ggHH mam 68 Chap. 184. THE MUNICIPAL ACT. Sec. 187. Trial of con- tested elec- tions or right to elect. Time within which pro- ceedings to be institated, and security and proof re- quired. Writ in na- ture of quo warranto . Division VIII. — Controveetkd Elections. How validity or Hght of election determimd. Sees. 187-197. Writ/or removal^ etc Sec. 198. If election of whole Council invalid. Sec. 199. JDisclaimer. Sees. 200-205. Costs. Sees. 203, 206, 206. Decision of Judge final— iLnforcmg Judgment, bee. 207. Judges may settle forms and practice. Sec. 208. 181. In case the right of a munnicipaiity to a reeve or deputy-reeve or reeves, or in case the validity of the election or appointment of mayor, warden or reeve, or deputy-reeve, alderman, or councillor is contested, the same may be tried by a Judge of the High Court, or the senior or oftciating Judge of the County Court of the county in which the election or appointment took place ; and when the right of a municipality to a reeve or deputy-reeve or reeves is the matter contested, any municipal elector in the county may be the relator, and when the contest is respecting the validity of any such election as aforesaid, any candidate at the election, or any elector who gave or tendered his vote thereat, or if respecting the validity of any such appointment, any member of the council or any elector of the ward, or, if there is no ward, of the muni- cipality for which the appointment was made, may be the relator for the purpose. 46 V. c. 18, s. 185. 188. If within six weeks after the election, or one month after acceptance of office by the person elected, the relator shews by affidavit to such Judge, reasonable ground for supposing that the election was not legal, or was not conducted according tq law, or that the person declared elected thereat was not duly elected, and if the relator enters into recogniz- ance before the Judge or before a Commissioner for taking affidavits, in the sum of $200 with two sureties (to be allowed as sufficient by the Judge upon affidavit of justification) in the sura of $100 each, conditioned to prosecute the writ with effect, or to pay the party against whom the same is brought any costs which may be adjudged to him against the relator, the Judge shall direct a writ of summons in the nature of a quo warranto to be issued to try the matters contested. 46 V. c. 18, s. 186. Evidence to 189- The Judge of the High Court before whom the writ be used on re- of summous is returnable, may order the evidence to be used turn of writ q^ ^\yQ hearing of the summons to be taken viva voce before the m>«,w«*by'" Judgt. of the County Court, in the presence of counsel for or leave of after notice to, all the parties interested, and such Judge shall judge, etc. return the evidence to the Registrar at Toronto of the Division from which the writ of summons wivs Issued, and every |>arty shall be entitled to a copy thereof. 46 V. c. 18, s. 187. Sec 197. THE MUNICIPAL ACT. Chap. 184. 69 fl ■! 190. In case the relator alleges that '}i«» liimooif «- „ 191. In case the grounds of objection apply equallv to tx^nv^u K?i?' ^^®^® '?°'*® ^"*^ ^'^^^ one are brought to trv th^WK validity of an election nr tlio ^i^U* * '""S""- w iry ine Where more pppvP nr r^rJL r ' *^'^. *"®„"^ht to a teeve or deputy- '"'rits than leeve or reeves as aforesaid all such writs shall be madp ""«*"*'> be returnable before the Judge who is to try the first an? thp ^"''^ ^^.'^^ Judge may give one judgment upon all, or a separate in dan, Pn! """' '"•^«'- upon^each one or more If themes he ihTnksTt te^V.Tls! the fa^d ffigh'cLtt'"^^^^^^^^ ^^^^^ °^^« ^-«e- ofWri, .ho to r^„ .,* /ii ^1 y , ' Sf "j '"^ Local or Deputy Reffistrar or "sue, and Chatabe™ Tt Toronto, ^r befo^ tZ?:^^ oYS'Xd^E,nH at a place named in the writ, upon the eighth day aftoLrWc? da7nr d^'t-h: wi"' favi'z %::k "- "'"^^^"^- AUnc 1 case the Judge upon being satisfied thereof, by afiidavit Z he'tZK^e t%':"l?:f 1^1 -"^ »"^«'«-na?feS or 'fretted' m!t if h'tMn^S tZr^^.^i^ returnable «...„,„, writof Bnmmnn....„, . ,? foper, order the iesne of a officer or dep. return n„„ffl ^ ""?* "* *« P'oceedinga to make the "2' '"'"""e anrp1Jn'SLrraTtft^„r^^\ra?,iT^;"^ Snfrtv\r7b""f- 'r '»° *>= Ap- sr;'°^"r. pT;"iX^ptLtarry^°fit!V9r '""= ""^ "'"^'iEr "■ t ?! I if i 1 Hi 1 ^^Hi' ^^»' 1 ^W^' 1 mi' iM 70 Chap. 184. THE MUNICIPAL ACT. Sec. 197. Trial. facts on affidavit or affirmation, or by oral testimony, or by issues framed by liim, and sent to be tried by jury by writ of trial directed to any Court named by the Judge, or by one or more of these means, as he deems expedient ; subject, however, to the provisions of section 212. 46 V . c. 18, .s. 195. If election invalid, judge shall remove person not duly elected, and admit person elect- ed, or cause new election. 198. In case the election complained of is adjudged invalid, the Judge shall forthwith, by writ, cause the person found not to have been duly elected to be removed; and in case the Judge determines that any other person was duly elected, the Judge shall forthwith ord^r a writ to issue causing such other person to be admitted ; and in case the Judge determines that no other person was duly elected instead of the person removed, the Judge shall by the writ cause a new election to be held. 46 V. c. 18, 8. 196. If all the 199. In case the election of all the members of a council is members adjudged invalid, the writ for their removal, and for the elec- wrltfo'r^'new ^iou ofnew members in their place, or for the advnission of election to go otiiers adjudged legally elected, and an election to fill up the to,the sheriflF. remaining seats in the council, shall be directed to the sheriff of the county in which the election took place ; and the sheriff ■^hall have all the powers for causing the election to be held which a municipal council has in order to supply vacancies ■ therein. 46 V. c. 18, s. 197. Defendant 300. Any person whose election is complained of may, un-* may disclaim, less such election is complained of on the ground of corrupt except in cer- pj-actices on the part of such person, within one week after tam cases. gm-vjce on him of the writ, transmit, post paid, through the post office, directed to "The Clerk in Chambers, at Osgoode Hall, Toronto," or to "The Judge of the County Court of the County of " {as the case may be), or may cause to be delivered to such clerk or Judge a disclaimer signed by him, to the effect following : Mode of pro ceeding. Form, "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 cane niay be) for the Township of , in the County of {or «»' the case may be), do hereby disclaim the said office, and all defence of any right I may have to the same. y "Dated day of (Signed) "A. B." 46 V. c. 18, 8. 198. Posting and registry of disrln-imfir. ?501. The disclaimer, or the envelope containing the same,' shall moreover be endorsed on the outside thereof with the word " Disclaimer, ^^ and bo rcgiatcred at the post office wliere mailed. ' 46 V. c. 18, s. 199. Sec. 208. THE MUNICIPAL ACT. Chap. 184. 71 Person elect- ed may dis- claim at ^ny time before his election is complained of Form. Disclaimer to operate as resignation. \Vho to be deemed elected. 80^. Where there has been a contested election, the person elected may at any time after the election, and before his elec- tion 18 complained of, deliver to the clerk ov the municipality a disclaimer signed by him as follows : .iii'lJ'f ■ ^''i" ^^""^^^ disclaim all right to the olBce of Township: Coun- cillor, (or as the case may be) for the Township of >,^..o (or as the ca.e may be), and all defence of any right I may have to the Talkie " 46 V. c. 18, 8. 200. ii^i^?-i-^"^'^ disclaimer shall relieve the party making it from all liability to costs, and where a disclaimer has been made in accordance with the preceding sections, it shall operate as a resignation, and the candidate having the next highest num- ber ot votes shall then become the councillor, or other officer as the case may be. 46 V. c. 18, s. 201. ' a04 Every person disclaiming shall deliver a duplicate of Duplicate dis- ins disclaimer to the clerk of the council, and the clerk shall ^^l^i^^er to be torthwith communicate the same to the council. 46 V o IS '^f'^*"'®'^ *° S. 202« wituv.!!. IK, r. o. J.O, clerk. .il?fn' ^° ?«^*«^,shall be awarded against a person duly dis- Costs against claiming, unless the Judge is satisfied that such party consented Person Sis- to his nomination as a candidate, or accepted the office, in"^*^'"'"S- which case tir^^ costs shall be in the discretion of the Judge. 46 in H?.^A-''" ^!- ^^Tu^'^T ^i^^e^^'^^e provided for, costs shall be Costs in the discretion of the Judge. 46 V. c. 18, s. 204. generally. ,-n.S .^1^ ^f '"'i"" -^^^'^ "^"^g^ '^^" b^ fi"^^ ^Od he shall. Judgment to inii lediatelv after his judgment, return the writ and judgment ^*^°'''' '^'^ with all things had before him touching the same into thef^fr^*"T'^ Division from which the writ issued, ther! to remdn'of"record ""'' Hsajudgment of the_ High Court; and he shall, as occasion i-ecjuires, entorce the judgment by a writ in the nature of a Mode of vviit ot peremptory mandamus, and by writs of execution for enforcing tlie costs awarded. 46 V. c 18, s. 205. judgment. «08. The Judges of the High Court, or a majority of them Th. ■ a * may, by rules, settle the forms of the ^rits of summons, TrllllirrtV'' orart mandamus and execution under this Act, and may regu-^t^- late the practice respecting the suing out, service and execution ot sucii writs, and the punishment for disobeying the same or any other writ, or order of the Court or Judge, and rcspect^ing the practice generally, in hearing and determining the validity ot such elections or appointments, and respecting the costs " thereon ; and may from time to time rescind, alter, or add to such rules; but all existing rules shall remain in force until rescinded or altered as aforesaid. 46 Y. c. 18, s. 206. V.i ■■M 72 Chap. 184. THE MUNICIPAL ACT. Sec. 209. Procuring offices, ^ -v -.. cjuorum." 46"v. crisis 232 "' "'''''"^ '^ *"™ *^ 78 Chap. 184. THE MUNICIPAL ACT. Sec. 236. In councila of 235. When a council consists of only five tneinbors, tlio five, three concurrent vote ot* ^t least three shall be necessary to oarry iitiy must concur, ^g^^i^^tion or other measure. 46 V. c. 18, s. 233. The heads of councila to preside. Special nicutings. ?j;i6. — (1) The head of every council siiall preside at the meetings of council, and may at any time summon >i special meeting thereof, and it shall be his duty ,to summon a special meeting whenever reciuested in writing by a majority of tiio members of the council. 46 V. c. 18, s. 234. Summoning (2) In the absence or death of the mayor or head of the ofspociii council, a special meeting maybe summoned at any time by absence of'the the clerk upon a special requisition to him, signed by a major- mayor, etc. ity of the members of the council. 47 V.c. 3k, s. 6. Speci.il meet- 331. In case there is no by-law of a council fixing the ing, whore to place of meeting, any special meeting of the council shall be beheld. f ii . ,i i ^ — i — ii _ ^i !„... ....• — -t* i.i,_ ri held at the place where the then last meeting of the council May be either was held, and a special meeting may be open or closed as in open or ^jjg opinion of the council, expressed by resolution in writing, the public interest requires. 46 V. c. 18, s. 235. op closed to preside. When reeve 338. In case of the death or absence of the head of a town t!!^"i«w'r^^ council, the reeve, and in case of the absence or death of both r. ,.ro«„a ^^. them, tho deputy reeve, and in case of the death or absence of the head of a village or township council, the deputy reeve shall preside at the meet iags of the council, and may at any time summon a special meeting thereof; but if there be more than one deputy reeve, the council shall determine which of them shall preside at their meeting. 46 V. c. 18, s. 236. Absence of head, etc., provided for. Casual ab- sence pro- vided for. Head may vote. Question negatived in case of equa- lity of votes. Adjourn- ment. 339. In the absence of the head of the council, and in the case of a town, village or township, in the absence also of the reeve, if there be one, and also of the deputy reeve or dep- uty-reeves, if there be one or more, by leave of the council or from illness, the council may, from among the members thereof, appoint a presiding officer, who, during such absence, shall have all the powers of tne head of the council. 46 V. c. 18, s. 237. 340. If the person who ought to preside at any meeting does not attend within fifteen minutes after the hour appoint- ed, the members present may appoint a chairman "from amongst themselves, and such chairman snail have the same authority in presiding at the meeting as the absent person would have had if present. 46 V. c. 18, s. 238. 341. The head of the council, or the presiding officer or chairman of any meeting of any council, may vote with the other members on all questions, and any question on which there is an equality of votes shall be deemed to be negatived. 46 V. c. 18, s. 239. 343. Every council may adjourn its meetings from time to time. 46 V. c. 18, s. 240. Sec. 245 THE MUNICIPAL ACT. Chap. 184. PART V. OFFICERS OF ¥^r^rrc/PAL CORPORATIONS. 79 Div. I.— The ^ . Div. n.— Thr vI'Phk Div. III.— The li -[TRBR. Drv. IV.— A ^ESBo AND Collectors. Div. V. — Aui'- Oif »nd Audit. Div. VI.— Vallators. Div. VII^ Duties of Officers respectino Oaths and Declarations. Div. VIII.— Salaries, Tenure of Office and Security. Division I.— The Head. .Who to he. Sec. 243. Duties. Sec. 244. fin^'^fi^l^ t'r'^ of every county and provisional corpora- Who to be ou shall be the warden thereof, and of every city and town he^ S the mayor thereof, and of every township and incorporated ''°"°*'"- village the reeve thereof. 46 V. c. 18, s. 241. F^'^aieu _ .Ait ^^® ^T^ of the council shall be chief executive officer Duties of ot the corporation ;_ and it shall be his duty to be vigilant andheaS o?' active at all times in causing the law for the government of*'°"°''"- the municipality to be dulv executed and put in fdrce; to in- spect the conduct of all subordinate officers in the government thereof, and, as far as may be in his power, to caule all nedi- gence, carelessness and positive violation of duty, to be dulv prosecuted and punished, and to communicate f;om time to ' time to the council all such information, and recommend such measures within the powers of the council as may tend to the ' improvement of the Unces, health, security, cleanliness, com , fort and ornament of the municipality. 46 V. c. 18, s 242. If Division II.— The Clerk. Appointment and duties of. Sec. 245. Absence of. Sec. 246. Records and papers may he inspected. Sec 247 Return af statistics. Sec. 248. Shan trui, reiord i„;book;vr,;r„:tett'j,si:;l'uro-«e«? his duties. ^5aiv'.Af?*fc^ 80 Chap. 184. THE MUNICIPAL ACT. Sec. 245. Provision for absence, etc., of clerk. lutions, decisions and other proceedings of the conncil, and, it" required by any member present, shall record the name and vote of every member voting on any matter submitted, and shall keep the books, records and accounts of the council, and shall preserve and file all accounts acted upon by the council, and also the originals or certified copies of all by-laws, and of all minutes of the proceedings of the council, all of which he shall so keep in his office, or in the place appointed bv by-law of the council. 46 Y. c. 18, s. 243. 246. The council may by resolution provide that, in case the clerk is absent, or incapable through illness of performiiig his duties of cjerk, some other person to be natned in the resolution, or to be appointed uuuer the hand and seal of such clerk, shall act in his stead, and the person so appointed shall, while he so acts, have all the powers of the clerk. 46 V. c. 18, s. 244. Minutes, etc., 941. Any person may inspect any of the particulars afore- to be open to gj^jj^ ^^ yyg|][ ^s the assessment rolls, voters' lists, poll books, in.>(pec ion. ^^^ other documents in tho possession of or under the control Copies to be of the clerk, at all seasonable times, and the clerk shall, with- furnished, i^ a reasonable time, furnish copies thereof to any applicant at there'for'^etc *^® ^"^*® ^^ ^^^ cents per hundred words, or at such lower rates as the council appoints, and shall, on payment of the proper fee therefor, furnish within a reasonable time, to any elector of the municipality, or to any other person interested in any by-law, order or resolution, or U> his solicitor, a copy of such by-law, order or resolution, certified under his hand, and under the cor- porate seal. 46 V. c. 18, s. 245. Returns to be 348. — (1) The clerk of every municipality shall in each year, made to Bur- ^yithin one week after the final revisibu of the assessment roll, tries? "'"^" under a penalty of $20 in case of default, make a return to the secretary of the Bureau of Industries, Toronto, on schedules or forms furnished by the said secretary, and approved by the Lieutenant-Governor in Council, of such statistics or information as the assessment roll or other records of his office * afford, and as such schedules or forms call for. Tabulated (2) The secretary of the Bureau of Industries shall, as soon as statement of may be, after the opening of every Session of the Legislature, made^b ^"aec- report to the Minister of Agriculture for the purpose of being retary of ^^*^' hiid before the Legislative Assembly, a tabulated statement of Bureau. all the returns hereby required to be made. Moneys pay- (3) The Treasurer of the Province; shall retain in his hands able to muni- r^^y moneys payable to any municipality, if it is certified to dcfouluVbe ^lioi ^y ^1^^ secretary of the Bureau of Industries, that the retaine.l. clerk of such municipality lias not made the returns hereby required. 50 V. c. 29, ss. 13-15. -i s See. 251. THE municipal act. Chap. 184. 81 DivI8io:UI1._The Tseasubeb. ms appointment, semrity, duties, etc. Sees 249 9^9 treasurer, before enterinTmL. .i ^i^ Percentage, and every be appointed, give euch secu L as h? "0^0.- ^'- "^"r^'. '^ l"^ "*««' «i^ailTogivesecu- tormance of his LZ^ U ■ ^^^^^^ ^^'^ *^^« ^'^ittful per-"*^- and paying over a r;,o„i« w^-'f ^ ^"^^ accounting for and it shaU be the dutv of Z ""^ """^ ^f "3^ ^"to his hands ; year, to inquire into tl f suffidencvT"thi' " '''> *"' -ery Annual in- such treasurer, and report Ceo^ 4^6^ YV^XHr ''S^^o. same to such perfons and fn ?^ ' ^"^ ^^'^" P^^)' O"^ the%»d take care Province and tbpTw?. i k f"''^' "'*'"°^^ ^^ ^^^ ^^ws of the k^ "'"'^ *^'«^ of the m^^nicip^eo'oratb^^ '' ''S^"*^r^ «^ ^'^« coundl e'r '^°"^^«' no member of The SSXirr- '' ''" ^^^^'^re^^l but treasurer for an" Xrk per brLH ! ''"u^ ""^"."^ ^''«'" «"«h the treasurer sLl7 notT "iTaWe^'to an' ^f '™5^ ' and His liabUity n^oneys paid by him in accordate with a^v hv ^^^^^ ^^^ ^'^3^"'^*^^• tion passed by the counHl nf^h^ • -7. '^^"^^^ ^^ ''esolu- the treasurer unless where Inn.r""^-'^""-^^ °^ ^^"^^ ^e is madeof such moneys by statute '' ^''^'''''''' '' ^^P^«^«^^ ^orV't'^l\1i:^'^^^^^^^^^ ti. warden App.nt.eL until the nextSn^f rirZn -r^'^Hr^"" ^^^^ «««« treasurerj.^J^.^,.^forthefStl2 f ^'^ ^'''". ^^ «"«^ and espedally for^/h' accoSn^^ moneys whicf) may come TnoK;?!,:^ '^ 17'"? ^^•^' «" entering upon hhLZTli i '*°'^'.' *°^ ^« «^a" before interferlwKt eboo 'v^'Iir'' «^««^^*^' ^^^ he shall not treasn-pr nnf 1 '' ^<^"«"er8, uv accounts of the deceaspd 8. 263 ^ P''*^*''' *"^^' «'^*'^ be made. 46 ^c Ts, credit of the corporatk?r7wL. ffi ""/ ^?e "moneys at the«tete4nt^f -«•«■ .82 Chap. 184. THE MUNICIPAL ACT. Sec. 251. Return to be made to Bureau of Industriea. Annual Ust of before the 20th day of December in each year, prepare persons in ^nd transmit to the (jlerk of the municipality a list of all default for pe^goQa ^^q ^ave not paid their municipal taxes on or before ■ the 14th day of said month of December. 46 V. c. 18, s. 254. See sees. 82, 489 (2). 35/J.— (1) The treasurer of every municipality shall, on or before the first day of May in each year, under a penalty of $20 in case of default, furnish to the secretary of the Bureau of Industries, Toronto, on schedules or forms furnished by said secretary and approved by the Lieutenant-Governor in Council, such information or statistics regarding the finances or accounts of the municipality, as such schedules or forms 'call for. (2) The secretary of the Bureau of Industries shall, as soon as may be, after the opening of every Session of the Legislature, report to the Minister of Agriculture for the purpose of being laid before the Legislative Assembly, a tabulated statement of all the returns hereby required to be made. (3) The Treasurer of the Province shall retain in his hands any moneys payable to auy municipality, 'if it is certified to him by the secretary of the Bureau of Industries, that the treasurer of such municipality has not made the returns hereby required. 50 V. c. 29, ss. 12, 14, 15. Provision on 1853. In case any treasurer is dismissed from ofiice, or dismissal absconds, it shall be lawful for his successor to draw any from office, jjjoneys belonging to the municipality. 46 V. c. 18, s. 255. Tabulated statement of return to be made by sec- retary of Bureau. Moneys pay- able to muni- cipalities in default to be retained. Division IV. — Assessors and Collectoks. {See also Cap. 193, ss. 12, 13.) AppointmerJ, of. Sees. 254, 255. Assessment Commissioner — Board of Assessor's. Sec. 255. Township Collectors to act for Provisional Corporations- Disposal of Monies. Sees. 256, 257. Assessors and «54.— (1) The council of every city, town, township, and in- coUectors, ap- corporated village, shall, as soon as may be convenient after the pointment annual election, appoint as many assessors and collectors for tkiof the municipality as the assessment laws from time to time authorize or require, and shall fill up any vacancy that occurs in the said offices as soon as may be convenient after the same occurs ; but the council shall not appoint as assessor or col- lector a member of the council. (2) The same person may, in a city, town or township, be appointed assessor or collector for more than one ward or polling subdivision. Sec. 267. THE MUNICIPAL ACT. Chap. 184. , 83 (3) In raunicipaluiee which have passed by-laws requ'rinff taxes o be paid on or before the 14th day of De?eVber ' It shall be^ the dnty of the collectors, oii the 16th day of December in each year, upon oath, to return to the treasurer he names of all persons who have not paid their munTcipal missioner who in lninn!f ' ^-.^^^'u * *" assessment com- seasment com- hiln k')7 ?' «?".]«nction with the mayor for the time™»««i°"ermay sors and valuatL shall eSitut a^btrd^^TZsTc^^Tdsot r^' shall possess all the powers and perform the dutiei of lessors appointed under the last preceding section; and the counci shall also have power, by by-law, to determine the nSmber of collectors o be appointed, and prescribe their du Ss and any commissioner assessor or collector to be appoi ted bv r at ^he^leaTure^of tt ''""''T' Tl'''^^ ^'^^ shaSTold otnS 'mroflo.- at the pleasure of the council; and all notices, in other munici- '°i««'»ier, as- pal les required to be given to the clerk of the municTpS?ty in ''"^°"' '"'■ natters relative to assessment shall in such citv brffven o the assessment commissioner. 46 V. c. 18, s. 257, pari corporation of the union receives the same such corporat on shall immediately pay the amount t. the provisionalTasurer retaining the expenses of collection. 4C V c 18 s 269 ' DlVISIOi^ V.—A-UDITOKS AND AuDIT. Appointnr.a and duties. Sees. 258-^64 Ccunoil f. %.,ally .udit. Sec. 266 tounty^i^^ to re.ulate and audit County mo^^j,, A idit, how ofte.^ to he made. Sec 268 Special provisions rel,.ting to Toronto. ' Sec. 259. ■n iftvl;^ ^'^. ^.^ 84 Chop. 184. THE MUNICIPAL ACT, Sec. 258- Auditors. 358. Subject to the provisions of the next two sections as • to cities, every council shall at the first meeting thereof in every year after being duly organized, appoint two auditors, Disfiualifica- One of whom shall be such person as the head of the council tion for office nominates; but no one who, at such time, or during the pre- of. ceding year, is or was a member, or is or was clerk, or trea- surer of the council, or who has, or during the preceding year had, directly or indirectly, alone or in conjunction with any other person, a share or interest in any contract or employment , with or on behalf of the corporation, except as auditor, shall J be appointed an auditor. Anii in the event of an auditor so appointed to andit the accounts of the county refusing, or being unable to act, then the head of the council shall nominate * another person to act in his stead. 46 V. c. 18, s. 260 ; 50 V. c. 29, s. 10. Appointment 250.— (1) The couucil of the corporation of the city of of auditors by Toronto shall, during the month of December in each year, the dty of appoint two auditors. 46 V. c. 18, s. 268 (1). Toronto. » ^ , g (2) The auditors for the said city shall discharge the duties Mrt"by ludi- imposed upon auditors by sub-section 2 of section 263 of this tors of city of Act, within one month, after the Slst day of December in eacli Toronto. ^^^^ ^g y^ ^ 18, s. 270, Time for ap- 5860.— (1) The council of any city which shall pass a by-law poi^tment of declaring that it is expedient to appoint its auditors in the month amlitors in of December in each year, shall, while such by-law remains in cities. force, and in the month of Decemner in each year, instead of at its first meeting after being duly organized, appoint two auditors. 4T V. c. 32, 8. 7 (1). A i-ation (2) Notwithstanding this section, or any such by-law, the of^fxistiug provisions of section 258 of this Act, as to the appointment ui laws as to ap- auditors, shall apply to the audit of the accounts of the year pointment of j j^j j^ gj^^j^ by.jaw takes effect. 47 V. c. 32, s. 7 (5). auditors. . •' Duty of auditors. Filling vacancies. 261. The auditors appointed under the next preceding two sections shall, every month, commencing at the end of the first month in the year following the said month of December, and so on to the end of such year, examine and report upon all accounts affecting the corporation, or relating to any matter under its control, or within its jurisdiction. 46 V. c. 18, s. 269 ; 47 V. c. 32, s. 7 (4). 862. The council of a city, in the event of a vacancy in the office of auditor happening by death, resignation or otherwise, may, by by-law, fill such vacancy, and the person so appointed shall hold office tor the remainder of the year for which the original appointment was made. 46 V. c. 18, s, 268 (2) ; 47 V. c. 32, s. 7 (2). Sec. 268. l^B MUNICIPAL ACT. Chap. 184i 85 accSriLTb/thfr '^'" ^^^^ne^d report upon all Duties of .^STc. *"®f'°g the corporation, or relating to any matter ^"ditora. ation, and also a detailed statement of the same in such form &s^^^^'^ the council directs. They shall make a rpnnrt ^^ ii *^ statement of audited hv fh^rr. o.,^ "^ eiiau maKe a report on all accounts receipts and sftement and report, in the office of fho clerk of the councU .„h LitaT r ™, "''" ""t t P""'-"' ; »d thereaft "any innabitant or ratepayer of the municipality mav insncot thp C. lO, s. ^Ob (d) ; 47 V. c. 32, S. 7 (2, 3). audited be- fore payment. ui form"r'thfcot lt° ""''"*.?'■' <>'"'"'<' »'«ten>ent ?n ffrrffl".- suen lorm as the conncil directs, and in case of a minor muni- "<1 »'»'»• c,pal,ty the clerk shall transmit to the clerk of the county Tun- °''°"- pt bTthe £wf"^r ""■' '"'"'°"°'' """i ""■ »•■"<' *anbe o¥ce.%6 V. c 18, s 263°. """^ ^ ''°°''"" °' " '•'"°''' "^ "^ ij'rroflh— 'ottX'd hf jat ^zsTzT- allow what is reasonable. 46 V. c. 18, s. 265. have^the l^^TJnn'^t 5 v'^^'^' 'T^ ^°"°*^ ««"°«" «l^*" Audit of nave the regulation and auditing of all moneys to be paid out "moneys to of the funds in the hands of the county treasurer 46 V c ^"^ '''''' ^^ loj S. ZOO. " » . i-. county Treasurer. 268. In citief nd towns, the council may also acDoint an ^ a: . clexamme and report and audit the accounts of the corner- "««« '^"^ cii , and in other municipalities the auditors shall also mnnf^,!., r ., ' TJZ^'!J'1''''''°''V' by-lav, examine into a^d^'al 'Sl^Sr" accounts of the corporation. 46 V. c. 18, s. 267 ; 48 V. c. 39 kfll 86 Chap. 184 THE MUNICIPAL ACT. 8ec. 269. County coun- cil may ap- point valua- tors, their duties, etc. Equalization of real property. Division VI.— Valuatobs. Appointment and Duties. Sec. 269. •/{€9. The council of every county may appoint two or more valuators for the purpose of valuing the real property within tlie county whose duty it shall be to ascertain, in every fifth year at furthest, the value of the same in the manner di- rected by the county council; but the valuators shall not exceed the powers possessed by assessors; and the valuation so made shall be made the basis of equalization of the real pro- perty by the county council for a period not exceeding five years ; and the equalization of personal property shall be as heretofore. 46 V. c. 18, s. 271. Declaration of office by certain offi- cers. Division VII.— Duties of Ofioeks Respecting Oaths and Declarations. Declarations of office and qiialificaiion. Sees. 270-272. Before whom made. Sec. 273. Certificate of declaration. Sec. 273. Persons to administer oaths and declarations. Sec. 274. Reccyrd and deposit of. > Sec. 275. Ooths respecting matter hefore Council. Sec. 276. Penally for refusing office, or not making, or refusing to administer, declarations. Sec. 277. •{70.— (1) Every person elected or appointed under this Act to any othce requiring a qulitication of property in the incum- bent shall, before he takes the declaration of office, or enters on his duties, make and subscribe a solemn declaration to the effect following : TlPoUrationof I, ^- B., do solemnly declare that I am a natural born {or naturalized) qualification, subject of Her Majesty; and have had to my own use and benefit ui my own right {or have and had in right of my wife, as the case may be), as proprietor (or tenant, as the case trmy be), at the time of my election {or appointment, as the case may require) to the office of hereinafter referred to, such an estate as Form of ^oea qualify me to act in the office of (naming the office) for (naming the place for which sitch person has been elected or appointed), and that such estate is (the nature of the estate to he specified, as an equitable estate of leasehold or othenvise, as the case may require, and if land, the same to be designated by ite local discription, rents or otherwise) and that such estate at the time of my election (or appointment, as the ease may require) was of the value of at least (specifying the valw) over and above all charges, liens and incumbrances affecting the same. (2) "Where any person has been elected as reeve, deputy- reeve, or councillor of any township council he may, instead of the foregoing declaration, make and subscribe a solemn declaration to the effect following : I ^. J3., do solemnly declare that I am a natural bom (or naturalized) subject of Her Majesty ; and have and had to my own use and benefit, in Sec. 274. THE MUNICIPAL ACT. Chap, 184. M k«, than 12,000, 46 V. o 18, ,. § J" W.Tsrf, i. *" "'°""* 46 V. c. 18, B. 278. declaration, paf CoVfok&f '''" "PP°'"*^'^ *° ^'^^ "ffi''^ «f ^^ditor for the Munici- Form of 46 V. c. 18, 8. 274. «uSnIte^!Zpr^o1• '"'''' '^^•"'^^rs of the conncil, and the Before whom arRdon n? nffl ^ ^''v^ municipalitj, shall make the de- declaration claration ot. office and qualification before some Court Jud^e *« be made. Police Magistrate, or other Justice of the Peace havL urk' dicuon in the municipality for which such head, me^S^i or tt rint^r" '^Tt^ "i; '^^'''^''^' °^ '^^f--'^ tl^«"S "of Certificate of the municipality ; and the Court, Judge, or other persons hp declaration. e"i iro^Jh ^«^^-«^-"« -- •^ade,!hall give Urnecessar^ 46 V c isf 8. 276.^'"^ '"^ ''" "^"^^ '"'^^^ *°^ subscribed^ 'iT4. The head of any council, any alderman reeve orr^ • a^ deputv-reeve. anv JufltifP nf tlio t>„„„ ^'=""i"j, i«eve or Certam oft- einalitv m«!r ,^-.v.- !? the Peace or clerk of a muni-ce.smay ad- ne. of .„e pW. in which he ho.dsMS'iXf wLJelttSiSl.T,. 87 m li lilHi TaB- MUNIOIPAll- ACT. S«o. 274 88 Ob»p. 18*4. wise speoiaUy provided, and except where he ia the party re- quired to make the oath, affirmation or declaration. 46 V. o. 18, 8. 276. Oath, attirma- 3T5. The deponent, affirmant, or declarant shall subscribe tion or deolar- gyery gmj^ oath, affirmation, or declaration, and the person subscribed administering it shall duly certify and preserve the same, and and deposited within eight days deposit the same in the office of the clerk of with clerk of ^]^q municipality to the affairs of which it relates. 46 V. c. 18, municipahty. 077 Head of ^76. The head of every council, or in his absence the chair- oouncil may man thereof, may administer an oath or affirmation to any per- administer qqj^ concerning any account or other matter submitted to the certam oaths, ^^^^^.,_ ^g ^ ^ ^ g^ ^ ^^g^ Penalty for ^tt- Every qualified person duly elected or appointed to be refusing to ac- a mayor, alderman, reeve or deputy-reeve, councillor, police cept ofhce or tj-usiee, assessor or collector of or in any municipality, who re- Meclaration, fuses such office, Or does not within twenty days after knowing etc. of his election or appointment, make the declarations of office and qualification where a property qualification is required, and every person authorized to administer such declaration, who, upon reasonable demand, refuses to administer the same, shall, on summary conviction thereof before two or more Justices of the Peace, forfeit not more than $80, nor less than $8, at the discretion of the Justices, to the use of the municipality, together with the cost of prosecution. 46 V. c. 18, s. 279. Salaries of officers. Division VIII. — Salaeies, Tenure of Office and Security. Appointment and remuneration of officevs. Sec. 278 Tenure of offlce and duties. Sec. 279. Gratuities to retiring officers. Sec. 280. Security to he given by officers. Sec. 281. ^IS. — (1) In case the remuneration of any of the officers of the municipality has not been settled by Act of the Legislature, the council shall settle the same, and the council shall provide for the payment of all municipal officers, whether the remu- neration is settled by statute or by by-law of the council. Mode of (2) No municipal council shall assume to make any appoint- appointment. ment to office, or any arrangement for the discharge of the duties thereof, by tender or to applicants at the lowest re- muneration. Whenmnni- (3) Where a solicitor or counsel, is employed by a '^iJl^ln^ BoUci municipality, whose remuneration is wholly or partly by tor at"! sala^ salary, annual or otherwise, the municipality shall, notwith- may r«oov«r coatii. Sec. 281. THE MUNICIPAL ACT. CUiap. 184. 88 B anding, have the right to recover and collect lawful costc in al actiona and proceedings in the same manner as if the solicitor or counsel, was not receiving a salary, Avhen the costs are, by the terms of his employment, pa/ablT to he solicitor or counsel as part of his remuneration^ in addition to lus salary. 46 V. c. 18, s. 280. "uu.uon unuf^remolecf hrt>,?P''"*'? ^^/ 'uT'" «^^" ^°'^ office Tenure of until removed by the council, and shall, in addition to the°^^^' retTredTtCbv'" " ?'^ ""''^ P^^^°^«> ^" ^^^^ dude i,„,,3. 280. Any municipal council, other than a provisional A Krat.-itv council, may grant to any officer who has been in tL seTvice ^^^ 8-- ot the municipahty for at least twenty years, and who has while !.° '''*'''° in such service, beco.ne incapable through old age o? efficirnt^^y ~- discharging he duties of his office, a sum not%xceeding Ms aggregate salary or other remuneration for the last three fears 46 V.\r[rs.'282! ^'''"'*^ "P°" ^'' ''°''''' '' resignation. 281. The bonds or policies of guarantee of any incornorated or joint stock company, empowered to grant guarantees bond^ o'ffi?:r'VT.*'^f-,"^^S"*^^"'^ f-*^^f»' accoSg 'publt officers and other like purposes, may be accepted instead ^of, or in addition to, the bond or security of any officer or servant of a municipal corporation, in all cases where, by the TrovisTons Self or bv\-'''T/ ^^/eq'^ired to give security, either by himself or by himself and a surety or sureties, and where the parties J'-ect.d or authorized to take such security see fit to aZte th^'". " ^'^'1 '^ r^ ^^"'P^"^ - afLsaid'and approve the terms and conditions thereof; and all the ^^ylTZ '"> 'ffi'^ ^'' ''^'''''^ *° '^'^ security, to be tTrL LT ""f^'V '''^""-' '' ^"« ^"'•^tieS' shall apply to tje bonds and pohcies of guarantee of such company as aforesaid which may be taken instead of, or in substiSon of a?o^re3 "^ ' fi^'f ' ^^ '^'' ^'''^'' ^'''^'''^ ''^ authorized as aforesaid see fit, whereupon such existing securities shall be delivered up to be cancelled. 46 V. c. 18, s. 283. Cor])oration8, etc., may ac- cept security of certain companies for their officers. Provisions re- specting such security to apply. ■ Existing bonds may be cancelled. 1 .■.ti.iliiik«SW'. 282. (fifncml Powi'n. Sees. ^88, 2S4. 7Vvf(A7'.s'' lirinne /een. See. 28.'). May not roceeding, r'.')>',>rt, matter or thing entortainod by t K) council in Buch preceding year, ur anbaequont or prior thereto, as aforesaid. 49 V. c. 37, b. 43. mV In all cases where, under the provisions of this Act, orTradori.' ot any other Act, any council or the board of commissioners lioenee fee., ol police, in any city, or either of them, is or are authorized to pass by-laws for licensing any trade, calling, business, or pro- tcHHion, or the pernon carrying' on or engajrcd in any mc\\ trnde, ciilling, business, or profession, tlio council and t' -. board ot commissioners of police, respectively, ahall ,,iive the power to pass bylaws for llxing the sum to ho paid for such license, tor exercising any such trade, calling, business, or pi-otession, in the iminicipalitj', and enforcing the payment of the license toe, and determining the time the license shall be in force. 46 V. c. 1 ^. s. 2S6. ' •W«. No council h h11 have the power to give any person an Granting exclUHive right ot ex. rcismg, within the mnnicipality, any trade nionopoLs or (tailing, or to impose a special tax ou any person exercising P™''''''*®**- the same, or to require a license to be taken for exercising the same, unless authorized or required by statute -so to do ; but Proviso, tlio council may direct a fee, not exceeding $1, to be paid to the proper officer for a certificate of compliance with any regulations in regard to such trade «.r calling. 46 V. c. 18 8, 2o7. m. A council may grant exclusive privileges in any ferry Privilege, of which may be vestid in the corporation represented by such ferry, council, ,»ther than a ferr^- between a Province of the Dominion Exception as 01 l^niiada and any British or foreign countrv, or between two *<> certain 1 rovinces of the Dominion. 46 V. c. 18, a. 288 SeeB N A ^®'■"^^• Act, 1867, 8. 91, (13) ; cup. 117; and sec. 495 {i\post. ' ' ' TITLE II.-RESPECTING BY-LAWS. Div. Div. Div. Div. Div. I.— Authentication of By-laws. IL— OaiKCTioNB BY Hatkpayeks. III. — VoiING ON UY ElKCTOKS. ^V.— Confikmation op By-Laws. V, — Quashing By-Laws. Div. VI.— By-laws ckkating Debts. n ^' ^J{Jv~~ ^'^"^'^^^'^ kksi'eotino Yeakly I^ates. ■L»iv. V III.— Anticipatory Ap.vkopriations. t^ ^^r^" IMAGE EVALUATION TEST TARGET (MT-3) // 1.0 I.I 1.25 ■5 "^^^ ImlaSaB ^ ^ ill 2.2 1.8 U lllll 1.6 ^^ %. A5 ,^3 ■/^ ■'^k'^' .^ '^i Photographic Sciences Corporation 23 WEST M. -M STREET WEBSTER, N.Y. 14580 (716) 872-4503 4r MA ■Qiiiiil 92 Okap. 184. THE MUNICIPAJ. ACT. Sm. 288. Division I. — Authentication of By-i,aws. Original. Sec. 288. Evidence of. Sec. 289. Proof of facts for Lieutenant-Governor. Sec. 290. How by-laws ?}88. Every by-law shall be under the seal of the corpora- ticated"*^*^"" *'°°> ^"^^ ^^*^^ ^® signed by the head of the corporation, or by the person presiding at the meeting at which the by-law has been passed, and by the clerk of the corporation. 46 V. c. 18, 8. 289. Evidence of. 280. A copy of any by-law, written er printed, without era- sure or interlineation, and under the seal of the corporation, and certified to be a true copy by the clerk, and by any mem- ber of the council, shall be deemed authentic, and be received in evidence in any Court of Justice without proof of the seal or signatures, unless it is specially pleaded or alleged that the seal or one or both of the signatures have been forged. 46 V. c. 18, s. 290. By-laws requiring assent of the Lieut. -Gov. /S90. The facts required by this Act to be recited in any by- law which requires the approval of the Lieutenant-Governor in Council, shall, before receiving such approval, be verified by solemn declaration, by head of the Council, and by the treasurer and clerk thereof, and by such other person, and on such other evidence, as to the Lieutenant-Governor in Council satisfactorily proves the facts so recited ; or in case of the death or absence of such municipal officer, upon the declaration of any other member of the council, whose declaration the Lieutenant-Governor in Council may accept. 46 V. c. 18, s. 291. Division II. — Objections by Ratepayers. When and how w,ade. Sec. 291. When Council shall act on objections. Sec. 292. Opposition to •■^01. In case a person rated on the assessment roll of a by-laws. municipality, or of any locality therein, objects to the passing of a by-law, the passing of which is to be preceded by the ap- plication Jof a certain number of the rateable inhabitants of such municipality or place, he shall, on petitioning ihe council. How to be ^® **' liberty to attend in person, or by counsel or solicitor, be- made. fore the council at ihe time at which the by-law is intended to be considered, or before a committee of the council appointed to hear evidence thereon, and may produce evidence that the necessary notice of the applicatiou for the by-law was not given, or that any of the signatuies to the application are not genuine, or were obtained upon incorrect statements, and that Sec. 298. (2). THE MUNJCtPAL ACT. Chap. 184. 9S c. the proposed by-law is contrary to the wishes of tie persons whose signatures were so obtained, and ftat the remaS 4rVc. 18,^292!^' necessary to the passing of the by-law! anoSiol^ fnrT^r", '' Tl''^'^ "P^"^ ^^^ ^^i^e'^ce t^'^t the When application for the by-law did not contain the names of a auffi- ^yl'^ws shall frand3 •' °^ P«"°P?' ^hose names were obtained without ''°* P"«- fraud and m good faith, and who represent the requisite amount of property, and are desirous of having the by aw passed, or if th. council is satisfied that the noticf required by law wa. not duly given, the council shall not pass th'e b^-law^ Division III.—VoTiNG ON BY Electors. : Proceedinffi preliminary to the Poll. Sees. 293-304 The Poll. Sees. 305-319. Who to Vote. Sees. 308, 309. Freeholders. Sec. 308. • Leaseholders. Sec. 309, Oath of Freeholder. Sec. 31i. Oath of Leaseholder. Sees, zil 312. Proceedings ajter close of Poll. ' 8ecs. 313-319 Eequisitts of certain bonus by-laws. Sec. 320 Secrecy of proceedings. Sees. 321, 322 ' Scrutiny. Sees. 323-326. ' , Passing by-laws by Council. Sees 327, 328. 393. In case a by-law requires the assent of the electors oftf r. , l73^'lUt:i v' f""""' P"^^^? '^^^««^' thetno'lgJeq^uKre rc:::txf;ir;ro^tdTdt ^"^^ --*' --ptsu^^Se of obtaining 1. The coancil shall, hy the by-law, fix the day and hour for^"°'' pauty as tne council shall, m their discretion, deem best for the'^gtobe purpose and where the votes are to be taken at more thin one ff ""^ *^« p ace, shall name a deputy returning officer to tXe the yotes '^^"• at every such place-; and the day so fixed for takingthe votes shall not be ess than throe, nor more than five, week! after the first publication of the proposed by-law. pos^dlyirSista'^ot^W^^^^^^ ^^« FO-Puhhoation publishe^d eithe^r within trLti^ali;; Ti^ tt t unrLr °"^"^- nThSri n T'^'i '"^^ ^^''S^^^^ by resolution, and the publication shall, for the purpose aforesaid, be continued in Z m n r 94 Chap. 184. THE MUNICIPAL AC'S. Sec. 293. < 2) Notice. least one number of such paper each week tor three successive weeks, and the coOncil shall put up u copy of the by-law at four or more of the most public places in the municipality. 46 V. c. 18, 8. 294 (1, 2). 3. Appended to the copy so published and posted shall be a notice, signed by the clerk of the council, stating that the copy is a true copy of a proposed by-law which has been taken into consideration, and which will be finally passed by the council in the event of the acsent of the electors being ob- tained thereto, after one month from the first publication in the newspaper, stating the date of the first publication, and that at the hour, day and place or places therein fixed for taking the votes of the electors, the polls will be held. 49 V. c. 37, s. 25. Ballot papers '594. Forthwith after the day has been tixad as aforesaid, to be printed, for taking the votes of electors with respect to the by-law, the clerk of the municipal council which proposes tlie by-law, shall cause to be printed, at the expense of tlie municipality, such a number of ballot papers as will be sutticient for the pur- poses of the voting. 46 V. c. 18, s. 295. Form of. 805. The ballot papers shall be according to the form of Schedule J to this Act. 46 V. c. 18, s. 296. Council to fix 896. The council shall, by the by-law, fix a time when, and a dav for ap- a place where, the clerk of the council which proposed the by- poinlment of j^^ ^jj^jj g^^^ ^^ ^^^ number of votes given for and against te^^'at p^ll the by-law, and a time and place for the appointment of persons to attend at the various polling places, and at the final sum- ming up of the votes by the clerk respectively, on behalf ot the persons interested in, and promoting or opposing the pas- sage of, the by-law respectively. 46 V. c. 18, s. 297. 897. At the time and place named, the head of the munici- pality shall appoint, in writing signed by him, two persons to attend at the final summing up of the votes, and one person to attend at each polling place on behalf of the persons interested in and desirous of promoting the passing of the by-law, and a like number on behalf of the persons interested in and desirous of opposing the passing of the by-law. 46 V. c. 18, s. 298. Agent to 898. Before any person is sa appointed he shall make and make declara- subscribe, before the head of the municipality, a declaration in *'""• the form of Schedule K to this Act, that he is interested in, and desirous of promoting, or opposing (as the case may be), the passing of the by-law. 46 V. c. 18, s. 299. Admission of 899. Every person so appointed before being admitted to agents to poll- the polling place or the summing up of the votes, as the case ing places, j^^^^^ j^g^ gjjj^n produce to the deputy-returning ofticer, or clerk ***'■ of the municipality, as the case may be, his written appoint- ment. 46 V. c. 18, 8. 300. ing places, and for sum- ming up votes. Selection of agents. Sec. 303. THE MUNICIPAL ACT. \ Chap. 184. 95 Deputy turning officers, poll clerks and agents may vote at poll- ing place where they are employed, t0*a?ttd°af! n^nmn"" ^'^f ^"J' Pe^'-O" /"thorized aS aforesaid Appointment to attend at a polling place, or at the final summing up ofi»*»«neeof .the votes, any elector in the same interest as the peKson 6o*«^"*- abBent may, upon making and subscribing, before the deputy^ returning oflicer at the pollJn^ place, .r tlie clerk of the mmi Sfm Sll't'^^f^'^'^'ir" ^° '}'' ^^*^'° of hhedule Kto this Actrbe 1 ^^J- -Dunngthe time appomted for pollinff no neraon slmll v i • ban thtnffi''P''"V"t^ ^° 4^''''''^'' "' «Vy poning'^a"% he f-^^^^^^^^ than the oflicers, clerks and perbons or electors Authorized to ?'«'=« attend as aforesaid at the polling place. 46 V. c. 18, s. 302. X03.— (1) The clerk of the municipality, on the remiPst nf any elector entitled to vote at one of the po^ ng placesX Las been appointed deputy-returning officer or p&HLrk or who S'ei uL"T'^ ^ '^' P^'^^" *« ^"^"d ^^^ polHng pllce ot.ei than the one where he is entitled to vote shall afveS such elector a certificate that such deputy-Srnini ffficer faw at'th'A'?^'"/^ '""'i'^'^ ^^ ^^^^^^'•o'' againBtUieb;' hr'nolHn/H "^ place where such elector is stationed during ^ubd vision where he would otherwise have been entitC t? nti ^fJ^^ deputy-returning officer shall attach the cer^ tihcate to the voters' list; but no such certificate shall entkle r;tt elte'r''.""' P°"'"^ place, units Karb en actually engaged as deputy-returning officer, poll clerk nr person during the day of polling. «', pou cierk or . . (3) In case of a deputy-returning officer votine- at th^ t.«ii ing place at which he is appointed to act tZ 3l !.L I P° ^- Who to ^. the absencp nf fli« ,. .ii ^, fp""*^" ^" a^h tUe poll clerk, or in minister oa^h depnty-rotiirmng offlcor for every ward or DolZ.. J, >'"" '»"■'-'•<> dinaon, a voters' list in the form of Scliednle C fn fl?u a! , '°*° ""'■• taming the names, arranged alp^m Sallv of in ,> ' ''°"' appearing b, the then l£t re^ed Sient rollTZ ' ti P '^^iiiiaMlliiM J* 96 Chap. 184. THE MUNICIPAL ACT. See. 30S. In munici- palities not divided into Wftrda. Proceedings to be as at municipal elections. entitled, under the provisions of sections 808 and 809 of this Act, to vote in that ward or polling subdivision, and shall attest the said list bv his solemn declaration in writing under his hand. 46 V. c. iS, s. 304. J504. In the case of municipalities which are not divided into wards or polling subdivisions, the clerk shall provida himself with the necessary ballot papers, the materials for marking ballot papers, printed directions to voters, ana a list of electors for the municipality similar to the list mentioned in the preceding section ; and the clerk shall perform the like duties with respect to the whole municipality as are imposed upon a deputy-returning officer in respect of a ward or polling sub- division. 46 V. c. IS, s. 305. The Poll. Votinp'tobe 305. At the day and hour fixed as aforesaid, a poll by ballot. gjjall be held and the vote shall be taken by ballot. 46 V. c. 18, 8. 806. 300. The proceedings at the poll, and for and incidental to the same, and the purposes thereof, shall be the same, as nearly as may be, as at municipal elections, and all the provi- sions of sections 120 to 176^ inclusive, of this Act, so far as the same are applicable, and except so far as is herein otherwise provided, shall apply to the taking of votes at the poll> and to all matters incidental thereto. 46 V. c. 1 8, s. 307. Form of di- 301. The printed directions to be delivered to the deputy- rections for returning ofiicers shall be in the form of Schedule L fco this Act. ^oier'*° 46 V. c. 18, 8. 308. Freeholders 308. — (1) Every ratepayer, being a man, unmarried woman who may vote Qj. widow, shall be entitled to vote on any by-law requiring the' on y- aws. ^^ggg^jj ^f ^j^g electors, who, at the time of tend?r of "-he vote, is of the full age of twenty-one years, and a natur born or naturalized subject of Her Majesty, and who has neither directly nor indirectly received, nor is in expectation of receiv- ing, any reward or gift for the vote which he tenders, and who is at the time of the tender a freeholder, in his own right, or whose wife is a freeholder of real property within such municipality, of sufiicient value to entitle him to vote at any municipal election, and is rated on th^ last revised assessment roll as such freeholder, provided such person is named or pur- ported to be named in the voters' list of electors. In case of nevtr (2) In case of a new municipality in which there has not been municipality any assessment roll, the qualification of being named on the haTbeemno '^^^ ^^^ °^ \>^mg rated on the roll shall be dispensed with, but assessment in _ ^ch case the person oflFering to vote shall not be entitled roll. to vote, unless he possesses the other qualifications above men- Sec. 310. THE MUNICIPAL ACT. Ch»p. 184. or tioned, and has, at the time of tender of bis vote sufficient property to Lave entitled him to vote if he had been rated fJr such property and unless at such time he names such proper^ to the deputy-returning officer; and the deputy-rffnS officer shall note such property in the voters' list oppTte hf ■ ' Tof heTrrar :fr' t^ ""' *^^ *'""« °^ '^^^^^ ^^ theVo^e-'^y-i- 18 ot the full age of twenty-one years, and a natural born or naturalized subject of Her Majesty, and who has nei?h«r directly nor indirectly received, n'or I in expe tatfon of re ceiving, any reward or gift for the vote which he tenders and 18 resident within the municipality for which the voti 18 taken for one month next before the voTe and who is or whose wife is, a easeholder of real properti within the ' municipahty of sufficient value to entitle him to vote a a municipal election, and who is rated on the last revised as sessment roll therefor, and which lease extend8 for the period of time withm which the debt to be contracted or the Cey to be raised oy the by-law is made payable; in which lease the lessee has covenanted to pay all municipa taxes irrespec? of the property leased, and which person is named, or purpoS to be named, m the voters' list. p^rportea (2) The said provisions as to the lease extending for ther ., ,. period of time within which the debt to be contracted or he fcait'e money to be raised by such by-law is made payable, shalT not - 1°"«S - 625 of this Acr '''P'"*'°« ^"'"^ improvements, under section g^Tw^* (3) In case of a new municipality in which there has not been In case of any assessment roll, the qualification of being named on the-wmuli- fi" f„^^'^SJ^^^^ on the roll, and of residence for one F.f"*^^'^^'"^ month, shall be dispensed with, but in such case the person fco" offering to vote shall not be entitled to vote unless possessing »«B«Bsment the other qualifications above mentioned, and unless he is at '"'^■ the time of tender of his vote a resident of the municipality and then has sufficient property to have entitled him to vote if he had been rated for such property, and unless at such time he names the property to the deputy-returning officer • and the deputy-returning officer shall note the property in the voters- list, opposite the voter's name, at the request of any one entitled to vote on such by-law. 46 V. c. 18, ss. 310, Sll. 310. Any ratepayer ofi-ering to vote in respect of a freehold Oath of fr.. on such by-law, may be required by the deputy-returning ?otder'votTng ottcer, or any ratepayer entitled to vote on such by-law ""^ ^y-^»^- to make the following oath or affirmation, or any part thereof or to the effect thereof, before his vote is recorded- ' 7 f mam iiiHiiiii 98 Olmp. 184. THE MUNICIPAL ACT. Sec. 310. Oath of lease- holder voting on by-law other thr none respecting local improve- ments under section 625. You swear that you are of tho full age of 21 yeara, and a natural burn (or naturalized) subject of Her Majesty : That you are a freeholdur in your own right {or your wife is a free- holder), within tho Municipality for which this vote is taken ; That you have not voted before on the by-law in this Township {or Ward, as the case may be) ; That you are, according to law, entitled to vote on the said by-law ; That yon have not, directly or indirectly, reoeiv.ul any reward or gift, nor do you expect to receive any, for the vote which you tender ; That you are the person named, or puiporting to be named, m the voter's list of electors ; (In the case of an unmaiTied woman or widow claiming to vote). That you are unmarried (or a widow as ihc cast may be); That you have not received anything, nor has anything been promised, to von directly or indirectly, either to induce you to vote on this by-law, or for loss of time, travelling expenses, hire of team, or any other service connected therewith ; • . , • And that you have not, directly or indirectly, paid or promised anything to any person, either to induce him to vote, or refrain from voting ; (In case of a mv Municipality in which there has not been any assessvient roll, then instead of referring to being named in the voters hst, the person offering to vote maybe required to name, in thi oath, tlu: property m respect of which he claims to vote ; ) And no enquiries slmll be made of any voter, except with re- spect to the facts specified in such oath or aftirmation. 40 V. c. Id, 8. 312. 31 1 Any ratepayer offering to vote in respect of a leaseli old, on suc'h by-law^ other than a by-law respecting local itn provements, under section 625, may be reauired by the deputy- {•eturning officer or any ratepayer entitled to vote on sucli by-law, to make the following oath or athrmation, or any part tnereot, or to the effect thereof, betbre his vote is recorded : You swear that you are of the full age of 21 years, and a natural born or naturalized subject of Her Majesty ; ,.,,,. That you have been a resident within the Municipality for which this vote is taken for one month next before the vote ; Tbn.t vou are (or vour wife is), a leaseholder within this Municipality, an?tt W ex eUsL the period of time within which the debt to be contracted or the money to be raised by the by-law now submitted to the alepayers T, made payable, and that you have, (or the We in said lease haa) covenanted in suCh lease to pay all municipal taxes ; That you have not before voted on the by-law in this Township {or yVaxd, as the case may be) ; ., , , That you are, according to law, entitled to vote on the said by-law ; That you have not directly or indirectly received any reward or gift, nor do you expect to receive any, for the vote which you tender; _ That you are the person aamed, or purporting to be named, m the voters list * (In the case of an unmarried woman or widow claiming to vote). That you are unmarried {or a widow as the case may be ;) That vou have not received anything, nor has anything been promised to you dStly or indirectly, either to induce you *« ^^t^n thu ^^^^^^^^^ or for loss of time, travelling expenses, hire of team, or any other service connected therewith ; Sec. 313. THE MUNICIPAL ACT. Chap. 184. 99 or any ratepayer entitled to vote n7 K. k, i *. ,'''~P"'i»8 tliefoIlowinffoatliornffirm.tL '^•*^"'""' '» make looJl imp?„ve. offeo. .i.ereorb"Lr,r*vr'ir';e"o3i'"" "■'™'' °' '» "»=r'k" v.K.j£;'„';r t"j:,srt£i;: £ v'Jrr '-"'^ '- •"'«■> '-i. to pay all n,„nicip«J toe' ' '""' ''"' """""fi in anoS lease wS:'^';! cZ r; ^'f "'"'" °" "» "J"'- i» '"■ To^hip („ That yo„ „., „e„rii„g l„ law, entitW to vol. „„ the .aid by law . vo£' iff ; "^^ '''' P^'^"" "--''• - P-Porting to be uamed, in the ' to yo^fdCttTr inl^^^^^^^^^^^^ -^^^-g been promised and of refem.^ toMZnafr^ InttZU' Z X"2r"* ^'f'' *^ ''''' may be required to tiaZin thJoafhft.ZT T- '''«^«'«°» ojfeni^ to vote to ite, Jd tkat He r^^^.H/ iJ^SJ^T^I^J^^^ of r.Mck He claims And m enquiries shall be made of a voter exeent wJM, ..o 1%1 3lV"'' 'P""''' " ^'" ^'^^^ °'- affiSn "^^^eT • 313 The written statement to be made by everv dpnntv returning officer at the close of the polling «hIlT^Ko^ J' ^"''""^ «*«*«- under the following heads- ^ ^ ^® madementtobe ^ • made by dep- (a) Name or number of ward or polling subdivision and "^<=- o^^^ of the municipality, and the date of the polling/ jS4°^*^« ;|.if " i P. ■i too Chap. 184. THE MUNICIPAL ACT. (b) Number of votes for and against the by-law ; (c) Rejected ballot papers. 46 V. c. 18, s. 816. Bee. 318. To be num- bered. . Deputy returning officer's duties after votes are counted. Objection, to 314. The deputy-returning officer shall take a note of any baUot papers, cbiection made W any person authorized to be present, to any ballot paper found in the ballot box, and shall decide any question arising out of the objection. Each objection to a ballot paper shall be numbered, and a corresponding number placed on the back of the ballot paper, and initialed by the deputy-returning officer. 46 V. c. 18. a. 816. 315. Every deputy-returning officer, at the completion of the counting of votes after the close of the poll shall, in the presence of the persons authorized to attend make up into separate packets, sealed with his own seal, and the seals of such persons authorized to attend as desire to affix their seals, and marked upon the outside with a short statement of he contents of such packet, the date of the day ot polling the name of the deputy-returning officer, and of the ward or polling subdivision and municipality— (a) The statement of votes given for and against the by- law and rejected ballot papers ; {b) The used ballot papers which have not been objected to and have been counted ; (g) The ballot papers which have b«en objected to, but which have been counted by the deputy-returning officer ; (d) The rejected ballot papers ; {e) The spoiled ballot papers ; (f) The unused ballot papers ; ra) The voters' list, with the oath in the form of Schedule G annexed thereto; a statement of the number ot voters whose votes are marked by the deputy re- turning officer, under the heads " Physical Incapacity and "Unable to Read," with the declarations of in- ability ; and the notes taken of objections made to ballot papers found in the ballot box. 46 V. c. 18, 3. 317. Certificate 316. Every deputy returning «ffi««^«^*"' ^^ ^l^^t tn full anddeclara- ^he poU, certify, under his signature, on the voters list in tu 1 tionofdeputy J '^^ total number of persons who have voted at the pol - Sr^n^d. TngpLe aflc^ he has b'een appointed to preside and sh^U return of before placing the voters' list in its proper packet as aforeaaid voters' list "^^^'^ ^ J a,,Kaorihp hpfore the clerk of the municipality, a SS^°^'^"°* TstL'^of tt P a eofthepcU derk, his solemn declaration that the voters' list was used in the manner prescribed by law, Ind Jhat the entS^ required bylaw to be made therein were Sec. 320. (4). THE MUNICIPAL \0T. Ohap. 184. 101 ZTJ?J a*^*j''''f declaration shall bo in the form of Schedule G to this Act, and shall, thereafter be annexed to the voters' 1.8t: he shall also forth;ith return the bal ot bo° to the clerk of the municipality. 46 V. c. 18, s. 318. 8o'lJdo^Si,?"'^?*T*"« '®'"''' "P°" ^«'"« requested Deputy re- so todo,8hal deliver to the persons authorized tS attend at t«™n?o«icer h.8 polling place, a certificate of the number of votes given at ^ "'•'4^ ". Tecte§ IZJ"' '''' '^fn *^^^y-^•^^' ^"^^ '' the^numbe rotTa^nY" ot rejected ballot papers. 46 V. c. 18, s. 319. rejected bai. lot papers. ,fn?i?; '!K "i^'^' "^^''' ^^ ^^^ '■®<'«'^«'^ the ballot papers and Clerk to cast statemens before mentioned of the number of votes Len in "P votls l"d fLhJ"? ^"^ Pf''' '^*"''^* *^« t'^^ea^d Pjace appointed b^^*'^""^''"^*' or such of them as may be present, without opening any of the t'hfnumt 'of V^'Y PT"' -^""^ "P fr°- -«^ «t^^-ent and Zr! I ?'' u' ^"'^ f ^*'"«* th« h^-^»^' a'^d shall then and there declare the result, and forthwith certify to the council under h.s hand, whether the majority of the e ectors 319. Where the assent of the electors or of the ratenavera pwic „„* . bykwThrrs '^ t"'i^ '^^^^^^-^ *° the valil\TT^-^Ltn*2 ')y- aw, the clerk or other officer shall not be entitled to cive a ^'^ ."*«««'• 'tasting vote. 46 V. c. 18, s. 321. «"""t5u lo give at^i^ by-laws. era*n!L~i^honn/'"^'V]'^ * ^7'^''''''^ * municipality for Re^juisites to granting a bonus in aid of a railway, or for promoting anv^^d^of manufacture, or for taking stock in a railway company, ^orS^r^'^ '•'""'' of moirr^ '" such company, or for guaranteeing L plyLeZ ''"*"'• to ZZV ''"''^ ^^ '"°^ '^'"P^'^y' «' ^°^ lending money 01 person establishing or continuing a manufactory in or near such municipality, the assent shall^e necessary of two-fifths of all ratepayers who were entitled to vote, as^ well as of a majority of the ratepayers voting on the by-law sec!L\T^ fr'i°/.¥'*T Z*' '^« certificate required by vot., 1. • of.tl^^s Act, the clerk, in case of the majority of whether Tr^nn^ T '\'^'' ^^r' «^*» ^^''^'^ «erti?y ment roll «,?»,' •^*- *' '^"''^ ^^ *^« ^°'«'«' J»«* ^^^^ assess- ment roll, such majority appears to be two-fifths of all the voters who were entitled to vcie on the by-law. shf n^ I^JlfT °^ "^'"P"*^ ^' *° *^^ ''««"^* 0^ *l^e vote, the Judge shall have the same powers for determining the question as He has in any case of a scrutiny of the votes. question as He i '/""W^j^gg ■Mi IMWi '^*« -md!': •■*-■' 102 Ohap. 184. TUK MUNICIPAL ACT. Sec. 321. (1). Maintaining ■oorecy of procwliiig" at ]iullinK' Voter not to b« iutorfuroil with. No informa- tion to bo uivun a» to how any OMC voted. Secrecy to Im) maintained at counting Voters not to be induced to disclose votes, Penalty for contravening this section. statutory do ularation of secrecy to be made by officers, etc., bafore a poll. Secrecy of I^roeecdinyt. ll*ii.~{i) Every ottlcor, clork and pcrgon in attoiidaiico at a jMiiliuK pltt(!P hIiiiH timiiitaiii ami aid in maii>taining tlio sicrocy of the voting at the polling i)lace. (2) No ofHcor, clork or otlior person whosoever, shall inter- fere with or attempt to interfere \rith a voter when marking liis vote, or othcrwiflo attempt to obtani, at the polling place, information as to tlio manner in which any voter at such poll- ing place is about to vote or has voted. (3) No ctticer, clerk, or other person shall communicate at any time, to any person, anv information obtained at a polling place as to the manner in which any voter at such polling i>lace Is about to vote or has voted, (4) Every officer, clerk and person in attendance at the count- ing of the votes shall maintain, and aid in maintaining, the secrecy of the voting, and shall not commu.ncato,or attempt to communicate, any information obtained at sucSi countii as to the manner in which any vote is given in any particular ballot paper. (5) No person shall, directly or indirectlv, induce any voter to display his ballot paper after he has marked the same, so as to make known to any person the manner in which he has marked his vote. (6) Every person who acts in contravention of this section shall bo liable, on summary conviction before a Stipendiary Magistrate, Police Magistrate, or two Justices of the I eace, to imprisonment for any term not exceeding six montl-,s, with or without hard labour. 40 V. c. 18, s. 328. 3*^. The olerk of the municipality, and every officer, clerk ' or person authorized to attend a polling place, or at the count- ing of the votes, shall, before the opening of the poll, make a statutory declaration o^" secrecy in the presence, it he is the clerk of the municipality, of a Justice of the Peace, and it he is any other officer, or a clerk or an agent, in the presence ot a Justice of the Peace, or the clerk ot the ninnicipahty, or a deputy-returning officer; and such statutory declaration ot secrecy shall be in the form given in Schedule M to this Act, or to the like effect. 46 V. c. 18, s. 324. Scrutiny may be had on Scrutiny. 323. If within two weeks after the clerk of the council r . ,„ which proposed the by-law has declared the result of t' e vot- County ing, any elector applies upon petition to the County Judge Judge. after giving such notice of the application, and to such persons as the Judge directs, and shews by affidavit to the Judge reason- able grounds for entering into a scrutiny of the ballot papers, Sec. 828. THE MUNICIPAL ACT. fihap. 184. 103 lit rrlhe^ilm 'i?T T''''^^:'' • reco^nizan'ce before ti.a Judge in the sum of «. ■, with two suretien, (to be allowed 's buS- 8- S l^" *^S'' "P,°" '*®'^*^'' '^*' justification) in the um of 9oO each, conditioned to prosecute tho i)etition with effect and to pay the party against whom the sal is brought apyco^a which may be adjudged to him againet the p^etitio2eV the' Judge may appoint a day and place? within tb« raunicip;iitV for entering into the scrutiny. 46. V. c. 18, s. 326 "^'P*'"'* :W4. At least one week's notice of the day aoDointod fnrxT 46 a*-W. On the day and at the hour appointed, the clerk « ^IIp attend before the Judge with th. ballot p^a^pers b hL Lstody, ^n J '""'''"• tie Judge upon inspecting the ballot papers, and hearing^'such nrZu "f •;? ™'^ '^''•" neces^e^rj, and on hearing the pVties, such of then as may aitend, . their counseT, shaCin a 3ummary manner, determine whether the majority of the votes ' given, IS for or against the brr-kw, and shall forthwith cer^fy the result to the council. 46 V. c. 18, s, 327. :««. The Judge shall on the bcruliny possess the likep powers and autnority, as to all matters arising upon the su! JuTg? "^ l\7t\nn Z' ^'''"T^ ^? ^"" "P°" '^ ^"'^^ «^ *fa« validity of the election of a member of a municipal council; and in all cases p . costs shall be in the discretion of^he Judge as in the case of applications to quash a by-law, or he may Apportion the cosJs as to him seems just. 46 V. c. 18, s. 328. Passing by-laws by Council. by the council. 46 V. c. 18, s. 320; 49 V. c. 37 s. 6 ^ tobepwBed ' ' ' by council ;m. In case of a petition being presented, the by-aw shall t*. ctpos^r'a nJ It r"^^^ 'ft- the ^etitionVal beeno^rS'-IL disposed ot, and the time which intervenes )etween the nre- »*»y«d on pre- senting of the petition and the final disposal thereof shall not "'^v^ "^ * be recloned as part of the six weeks within whTthe by-law "'*'*"" 18 to be passed. 46 V. c. 18, s. 330. ^ ' , I Division IV.— Confirmation of By-Laws. By publication,. Sec. 329, N^otdce. Sec. 330. Wlien not Pioved against. Sec. 331. . «•'•■( i j! if; 'T g ' i I- * If . it ■I f .-.f^U*ci/(«Jl*.S^ , vAr -U ° .^iJi&w3S*Ji 104 Chap. 184. THE MUNICIPAL ACT, Sec. 329. Promulgation 329. Every promulgation of a by-law shall consist in the of by-laws, publication, through the public press, of a true copy of the by- law, and of the signature attesting its authenticity, with a notice appended thereto of the time limited by Uw for applica- tions to the Courts to quash the spme or any part thereof, and the publication aforesaid ' shall be in such public newspaper, published either within the municipality or in the county town, or in a public newspaper published in an adjoining local municipality, as the council may designate by resolution, and the publication shall, for the purpose aforesaid, be continued in at least one number of such paper, each week, for three succes- ' sive weeks. 46 V. c. 18, s. 331. Form of no- 330. The notice to. be appended to every copy of the by-law ticetobppub- for the purpose aforesaid, shall be to the effect following : lifched with , , j . .i ■ '■ i by-law. NoTioK.— The above is a true copy of a by-law passed by the municipal councUofthe oi * T^ iq °j the day of A. D. 18 and approved Hy His Honour the Lieutenant-Governor in CouncU, on the day of A. D. 18 (where swh approval is required to give effect to the by-law): And all persons are hereby required to take notice that any one desirous of apply- ing to have such by-law, or any part thereof, quashed, must make his application for that purpose to the High Court at Toronto, within three months next after the publication of this notice once a week for three successive weeks, in the newspaper called the or he will be too kte to be heard in that behalf. 46 V. c. lo, s. ooZ. If not moved 331. In case no application to quash a by-law is made against within within three months next after the third publication thereof the ti™e lim- ^^^ notice as aforesaid, the by- law, or so much thereof as is not vS the subject of any such application, or not quashed upon such application, so far as the same ordains, prescribes or directs anything within the proper competence of the council to ordain, prescribe or direct, shall, notwithstanding any want of substance or form, either in the by-law itself, or in the time or manner of passing the same, be a valid by-law. 46 V. c. 18, 8. 333. Quashing by-laws. Division V.— Quashing By-Laws. 333, 334. Sees. 335, 336. Sec. 337. under illegal by-law, How to proceed. Sec. 332. Time limited for applications. Sees. Motion against for corrupt practices. Staying proceedings upon the by-law. Liability of Mvm,icipality for acts Sec. 338. Tender of amends. Sec. 339. 33!8. In case a resident of a municipality, or any other per- son interested in a by-law, order or resolution of the ^ouncil Sec. 336. (2). THE MUNICIPAL ACT. Chap. 184. 106 thereof, apphes to the High Court, and produces to the Court a copy of the by-law, order, or resolution, certified under the ba.d of the clerk, and under the corporate sea and shews by affidavit that the same was received from the 'clerk ' and hat the applicant is resident or interested as aforesaid! 7he Court, after at least four days service on the corporation of a rule to shew cause m this behalf, may quash the by-law, order to -: r"esuh' of l^f' VV'' '^^ i'^^^^'^^J^ -d, according 33». No application to quash a by-law, order or resolution Tin, •.,,• iTldtwithinr"''^'".'^ T^*^''^^^ ""^-« *h« appLaSwKS IS made w thm one year from the passing of the by-law order '=*«<^° ^"st or resolution, except in the case of a bylaw requi^inrth^ '^^ '"'*^- subm trJ//f '"'I '' '""'^^^y^^'' ^^ben the by-law has not been ^^°^P"-' l^fZl ' I-^^' T '''''''^^ *h« assent of, the electors or ratepayers and m such case an application to quash the by-law may be made at any time. 46 V. c. 18, s. 335; '" '"^ ^^ '*^ prfm^tated'in'tl^ri'''' \^ ''^'?/ '''' '' ''"P^^^^' ^as been Ti.e after to cmaK. Z^ iu^l ^^'•«'"h«.f«re specified, no application ?-hich bylaw to quash the by-law shall be entertained after the expiration of ""r"°S * three months from the promulgation. 46 V. c. 18, sS! "uthr i^' 335 Any by-law the passage of which has been procured Zv ''t'" tions 209 and^lO of this Act shall be liable to be quashed ''^ '^"^"y- upon an application to be made in conformity with the pro^*''• visions hereinbefore contained. 46 V. c. 18, s. 337. ^ • ^^?~7*^^J Before determining an application for the auaah p, a ing of a by- aw, upon the ground that any of the prfvLrs of suTir '" the said sect.ons 209 and 2 1 of this Act have been^con trTvened .n procuring the passing of the sa^.e, and if it is Tde To a„ pear to a Judge of the High Couk that probaSe ground exist for a motion to (/uash the bv-law fb*. h.A^J tTe'rtief ^ff rr -,^-/ A tltupin^ui^tticH^^^^ the parties affected as the Judge may direct, concerning theJ"'^^^ said grounds, before the Judge of the County Court of the county m which the municip Jity which passed the by-law is situate, and require that upon the inquiry all witnesses both against and m support of the by-law^ be orally exarned anS cross-examined upon oath before the County Court Judge (2) The County Court Judge shall thereupon return the Rett.™ nf nircir. 'f?" ^'^''' ^'?' '' "'^^ °f *h« Registrars of theevidrce"^ ' High Court at Toronto ; and after the return of the evidence • and upon reading the same, a Judge of the High Court J«d^ . may, upon notice to such of the parties concernedls he thinks "^ proper, proceed to hear and d«t«rVn;r,o *v, 1:1 .^V.^^r groundstherefbr appear to Wu;i;-^ satisKcJ^^iy SLS >-n4tiN^m^'T«, o^" j''v,rf*^ t jfefi >BSSi p 3&3K £:^ ^im^is^>:/lttsmm'-ms«i'^^»^j 106 Goats. Chap. 184. THE MUNICIPAL ACT. Sec. 336. (2). Stay of pro- ceedings on the by-law. Municipality to be liable for acts done under illegal by-law. Notice of action. Tender of amends. he may make an order for quashing the by-law, and he may order the costs attending the proceedings to be paid by the parties or any of them who have supported the by-law; and if it appears that the application to quash the by-law ought to be dismissed, the Judge may so order, and in his discretion award costs, to be paid by the persons applying to quash the by-law. 46 V. c. 18, s. 388. SJiT After an order has been made by a Judge directing an inquiry, and after a copy of the order has been left with the clerk of the corporation of which the by-law is in question, all further proceedings upon the by-law shall be staid until after the disposal of the application in respect of which the inquiry has been directed ; but if the matter is not prosecuted to the satisfaction of the Judge he may remove the stay of proceedings. 46 V. c. 18. 8. 389. 338. In case a by-law, order or resolution is illegal, in whole or in part, and in case anything has been done under it which, by reason of such illegality, gives any person a right of action, no such action shall be brought until one month has elapsed after the by-law, order or resolution has been quashed or repealed, nor until one month's notice in writing of the inten- tion to bring the action has been given to the corporation, and every such action, shall be brought against the corporation alone, and not against any person acdng under the by-law, order or resolution. 46 V. c. 18, s. 340. 339. In case the corporation tenders amends to the plaintiff or his solicitor, if such tender is pleaded and (if traversed) proved, and if no more than the amount tendered is recovered, the plaintiff shall have no costs, but costs shall be taxed to the defendant, and set off against the verdict, and the balance due to either party shall be recovered as in ordinary cases. , 46 V. 0. 18, s. 341. See sec. 430. Division VI. — By-Laws Creating Debts. Requisite formalities. Sees. 340-342. Principal may be repayable by annual instalments. Sec. 342. Special rates a charge on property. Sec. 343. AssbiU of electors, ivhen required. Sec. 344. When special Council meeting requisite. Sec. 345. When repealable and token not. Sees. 346, 347. Illegal repeal to be ignored by Municipal Officers. Sec. 348. Fi^cha^e of Public Works, etc., by Councils. Sec. 349. Rates to be imposed therefor. Sec 350. Registration of By-laws. Sees. 851-356. By-laws for 340. Every municipal council may, under the formalities contracting reouired by law, pass by-laws for contracting debts, by borrowing debts. money or otherwise, and for levying rates for payment of such Sec. 340. (6). THE MUNICIPAL ACT. Chap. 184. 107 debts upon the ratable property of the municipality for any pur- Terms of pose within the jurisdiction of the council, but no such by-law shall be valid which is not in accordance with the following ■ restrictions and provisions, except in so far as is otherwise pro- • vidcci in the n^xt following two sections of this Act : nnH 5^^ l^'^^u\!^ ""* *"®f'"S * ^^^^ *«'• ^^'> purchase of When to public works, shall name a day in the financial year in which *ake effect, the same is passed when the by-law is to take eflect ; and if tTereoY-''" **^® ^^^""^ ""^ *^® day of the passing 2. If not contracted for gas or water-works, or for the pur- When debt to chase of pubhc works according to the statutes relating there- be r'eSet'ed' fn,'. ii'iTv. A *^' ^l^* ^""^ ^^' obligations to be issued there- ^^v.niJ^?" \PK^^^^^'°,*''^"*y y^*'"^ at furthest, from the If for gas or day on which such by-law takes effect ; and if the debt is con- -aterforks. tracted for gas or water-works, the same shall, in like manner '^''=- b;-f:wtifStr^^''^^^^^^^ ' . 3. The by-law shall settle a certain specific sum to be raised v«« i . annually for the payment of interest during the currencTof"*" the debentures ; also, a certain specific sum to be raised an- nually for the payment of the debt; such sum to be such as will be sufficient with the estimated interest on theTnveBt ments thereof, to discharge the debt when payable; metts^of?}!!^il!?u*^i: '"'^ *''.^' '*'''^ ^"""'^"y '^O^- ^^e pay- Interest on ments ot the debt, the rate of interest on investments shall not ^"^^^^'"'^"ts, be estimated at more than five per cent per annurr to Kn ^""^ f *'" capitalized yearly ; ^ ^ annum, to be mated. 5 The by-law shall provide that such annual sum shall bePronertvon raised and levied in each year by a special rate, sufficient whiKte^'^to therefor, on all the ratable property in the municipLlity ; or ^« ^--d. f the by-law is for a work payable by local assessmentf on all the property ratable under the by-law or per foot frontage as the ease may be ; o 6. The by-law, unless it is for a work payable by local Recitals • assessment, shall recite : p j "»» uy locai i.ocitais . (a) The amount of the debt which the new bv-law Jq a intended to create, and, in some brief and^ge^^^^^^^ terms, the object for which it is to be created ; ^^^^t ; ■^^ ^^lnnl1lvTv"?nJn"'''f by this Act to be 'raised Amount to be annually by special rate for paying the new debt •"aised annu- and interest; ^^ e " ally; re; The amount of the whole ratable property of fcheTh.v^i . municipality according to the las? revised, or ^.ttr^'Z:' vised and equalized assessment roll ; - property ; (dj The amonnt of the fiyJstinrr ,loK»r.f,,-„ j-u^. -t>. ., municipality, and how much (if any), of the prin!exTsrgd1bt. cipal or interest is in arrear, 46 V. c. 18, s, 342. W 108 By-law for a work payable by local as- sesaraent must recite : Amount and object of debt ; Amount to be raised annually; Value of real property rateable ; Chap. 184. THE MUNICIPAL ACT. Soc. 341. :{4g. — (1) If the by-law is for a work payable by local assessment, it shall recite : (a) The amount of the debt which the by-law is intended to create, and, in some brief and general terms, the object for which it is to be created ; (h) The total amount, required by this Act to be raised annually by special rate for paying the debt and interest under the by-law ; (c) The value of the whole real property ratable under the by-law, as ascertained and finally determined as aforesaid ; (d) That the debt is created on the security of the special rate settled by the by-law, and on that security only. 46 V. c. 18, s. 343. That debt created on security of special rate. Power to (2) In the matter of by-laws passed, or to be passed for marautee works payable by local assessment, in order to facilitate the menVde^ben-^ negotiation of debentures issued thereunder, and add to their tnres. commercial value, the council of any township, city, town, or in- corporated village, may declare that the debt to be created on the security of the special rate settled by the bylaw is further guaranteed by the municipality at large, anything contained in sub-section (d) of this section to the contrary notwith- standing. 49 V. c. 37, s. 39 ; 50 V. c. 29, s. 48. Municipal 34/8. — (1) In any case of passing a by-law for contracting a council may ^g^j.^ ^y borrowing money for any purpose, the municipal council pa* repayable may, in its discretion make the principal of the debt repayable by equal an- by annual instalments, during the currency of the period (not nual mstal- exceeding thirty years, if the debt is for gas or water works, and not exceeding twenty years, if the debt is for any other purpose), within which t\\Q debt is to be discharged ; such ins»;alments to be of ^uch amounts that the aggregate amount payable for prin i^al and interest in any year shall be equal, as nearly as may be, to what is payable for principal and interest during each of the other years of such period ; and may issue the de- bentures of the municipal corporation for the amounts, and payable at the times, corresponding with such instalments, to- gether with interest, annually or semi-annually, as may be set forth and provided in the by-law. What by-law (2) The bv-law shall set forth a certain specific sum, to be shall set out. raised in each year duriiig the currency of the debt, which an- nual sum shall be suflScient to dischaage the several instalments of principal and interest accruing due on such debt, as the said instalments and interest become, respectively, payable accord- ing to the terms of the by-law ; and in cases within this section it shall not be necessary that any provision be made for a sink- ing fund. 46 V. c. 18," 8, 844. Sec. 344 (3). THE MUNICIPAL ACT. Chap. 184. 109 tor impotfd fnr\U!r\tAT''"'T.r^'^ '^"••^ '^''y '^'^^^^ rateapeci.1 rates imposed and levied, under any of the provisions of this Act and "charge on all sewer rents and oharges for work or services dinf by theP'^P^'''^- corporation on defau t of the owners of real estateTnder he ' • provisions of any valid by-law of the council of the said cor- poration, shall form a lien and charge upon the real estate upon or m respect of which, the same sfiall have been assessed an H rated or charged, and shall be collected in the same Tanner and with the like remedies, as ordinary taxes upon re^ estate ar^e^collect^ablc^under the provisions o? TA. ^r^^.Ti! Rev. Stat. c. 344. -(1) Every by-law (except for drainage, as provided for r„ i« * under section 509 of th s Aot nv f«^ „ ™ i ^ t, f "*.'"*'" lor By-laws for lofnl n«P«ml^/\f tnis Act, or for a work payable entire y by raising money local assessment) for raising, upon the credit of the municipalitv '»°* ^«* "^^in- any money not required for its ordinary exoenditnro ^t!^ «;* ^'^ expenses pSnl^ Sf ;'^ ^^"^^ r^'^^p^^ ye^TsSts;^' r fi riSep- passing thereof, receive the assent of the electors of the mu ^'^'^^J '«<=«i^« nicipahty in the manner provided for in section 293 and foltorT*"^'^'"" lowing sections of this Act; except that in counties the county T . council may raise, bv bv-kw nr hv l<.«ra ™,-*U I "^"^ ^'V.y Exception as thp <,ninf. for fV.. oo * /.u ? ^y-JaWS» without SUbmittng to by-laws for the same for the assent of the electors of such county or coun- ««'»tr«°«"g ties for contracting debts or loans, any sum or sums not ex "r*'^^'^*' reaulrfdforrn h"' ^''' ^'^/^^ '''' «°^ ^^ove the sums rn^l^r^r^ requirea tor its ordinary expenditure. 320,000 (2) Provided always, that where a county and citv ars nnJ Pvlo,.*- may bv't?^ ^"T^^ '^' ^^^'^^^ of ^the coun^y^ d?^^ t^o^^t^" may, by by-law or by-laws passed at any meeting of such °'*^'*^°"*«« electors of such county or city, as the case may be, for contracting such debt, raise such sums of money as may house and offices, to be used in connection therewith and nZJT'":^^- '"'^ '^"^ "^ "^^y be necessary conve V. c! its. 346^^°'"' '"'^ ''"'* ^""'^ and offices 46 (3) And provided always that the council nf « f ««r„ r- tinuing so withdrawn pursuant to the provisions h^^eof or ofl^^" V.°^ a city heretofore or hereafter erected, may, by bylaw oronountf"' ^X- laws passed at any meeting of such^oundl, ^ith^oursub debT°*^ mitting the same for the assent of the electors of such town or city as the case may be, raise such sum or sums of mon^? as may be required to liquidate their share of 'the county debt dlZT'^?' T''^ "P"" P"^^"^'^* '' '^^' Act, and to issue debentures for that purpose at such rates, for such times and entiLdt'o Hn'T' '' '^'^"^^^ theretofore have done, or be entitled to do for mfiptinfr nntr «fi,/,, i:-v,:i:i._ ^e -j J /.;*_ J.-L —--—I.J, -... . .,,!ivi jiaDiiity 01 said town or city as the case may be. 49 V. c. 37, s. 7. 11 [f^m 110 Certain by- laws of county coun- cil not to bo valid uuloaa passed at meeting spe- cially called and held three months after notice, etc. Chap. 184. THE MUNICIPAL ACT. get'. 345. 345. No such by-law of a county council for contracting any such debt or loan for an amount not exceeding in any one year ^20,000 over and above the suras required for Its ordinary expenditure, other than a by-law to raise money for erecting, building and furnishing a court house and offices afo'resaid, or for acquiring land as provided in sub-section 2 of the last preceding section, shall be valid, unless the same is passed at a meeting of the council specially called for the purpose of considering the same, and held not less than three months after a copy of the by-law, as the same is ultimately passed, to- gether with a notice of the day appointed for the meeting, has l^een published in some newspaper issued weekly or oftener within the county (as constituted for judicial purposes) or if there is no such public newspaper, then in a public newspaper published nearest to the county, which said notice may be to the effect following : rf f The above is a true copy of a proposed by-law, to be taken into consider- notiM° ation by the Municipality of the County (or United Counties) of , at , in the said County (or United Counties), on the day of , 18 , at the hour of o'clock in the noon, at which time and place the members of the Council are hereby required to attend for the purpose aforesaid. J Clerk. 46 V. c. 18, 8. 347. When art ^'**- ^^ere part only of a sum of money provided for by only of money a by-law has been raised, the council may repeal the by-law raised, by-law ^3 to any part of the residue, and as to a proportionate part of peaCurio the special rate imposed therefor, provided the repealing by- residue, law recites the facts on which it is founded, and is appointed to take effect on the 3 1st day of December in the year of its passing, and does not affect any rates due, or penalties Proviso. incurred before that day, and provided the by-law is first ap- proved by the Lieutenant-Governor in Council. 46 V. c. 18, s. 348. Until debt paid certain by-laws can- not be repealed, Nor altered. Exceptions. 341. After a debt has been contracted, the council shall not, until the debt and interest have been paid, repeal the by-law under which the debt was contracted, or any by-law for paying the debt or the interest thereon, or for providing therefor a rate or additional rate, or appropriating thereto the surplus income of any work or of any stock or interest therein, or money from any other source ; and the council shall not alter a by-law pro- viding any such rate, so as to diminish the amount to be levied under the by-law, except in the cases herein authorized, and shall dot apply to any other purpose any nioney of the corpora- tion which, not having been previously otherwise appropriated bv any by-law or resolution, has been directed to be applied to such payment. 46 V. c. 18, s. 349. Sec. 351. THE MUNICIPAL ACT. Chap. 184. lU tolr^Tnto eff^'^^K^I n,un.c.pal ty shall neglect or refuse No officer to Il.vLw nl ?f««*^^y-«^w for paying a debt under color of °«gl«<=t, etc., a b}-law Illegally attempting to repeal such first mentioned by ^° T''^^'/"* law, or to alter the same so as to diminish the umonn7 1 I ^"'"""^ 1"'' levied under it. 46 V. c. 18, s. 350 ' ''"°""' '' ^'Vr'^ZlZ ' illegal by-law. lliiK Any council may contract a debt to Her Maiestv in vr • ■ h^uZfTot'^y' the public roads, harbourtHges" oillu'rly buiUmgs or other pubic works in Ontario, whether belongina r'<^»««« I>»b- to this Province or to the Dominion of Canada, or of anv S . ^'''¥' suchTad :r rll ^''""V f ^"^1 "^^^ *« colLct'Xll ontrttitTto such road or bridge or for the making such road or bridee.^'"''^"' wholly or partly free from tolls, and may extcute such bonds, deeds covenants, and other securities to Her Majesty, as the counc 1 may deem fit, for the payment of the price^f such pubHc work or claim already sold or transferred, or which may be sold or transferred, or agreed to be sold o'r transferred tT the municipal corporation, and for securing the perform^ce and observance of all or any of the conditions of sale orWer and may also pass all necessary by-laws for any of tL purposes aforesaid ; and all such by-laws, debts, bonds, deeds, covenar and her securities shall be valid, although n^ special or other annual rate has been settled or imposed, to be leviedTn each the^^c?;adon Tf l.""?'./" '"? ^H^^ '" ^' P^««^^ for although no tne creation of such debt, or for the executing of such «P««iai o"" bonds deeds, covenants, or other securities as aforesaid, to Her°*^'"?r/' Majesty, or m any other by-law to be passed by the counciT "*'''■ settle and impose^ a special rate per annum, of such amount as the sections -last-mSS^^arsS? ^J^ S!^ ^^^Z^^ as applicable apply and extend to every such by-law and the moneys raised or to be raised thereby, as fully in ^every respect as such provisions would extend or apply to any by-law en3pd by any council for the creation of a'n^debt aJ pr^ovM ?n the ' said^sectu)ns, or to the moneys raised or to be raised thereby! Eegistration of By-Laws. J3^' ^^"7>-law passed by any municipality for con. By-laws cre- tracting any debt, by the issue of debentures for a longer term -^ng d^bts to than one year, and for levying rates for the payment of «„Ph ^' '■'«''*"'^"'^- dcota on tne ratable property of the municipality, or any p'a'rt thereof, shall be registered by the clerk of the municipalhy 112 Chap. 184. THE MUNICIPAl ACT. Sec. 351. Applications to set aside registratiou. if ft county, in the registry oflftce for the count^jr in which the county town is situate, or in case of local nmnicipalities in the registry office of the -registry division in which the local municipality is si mate, witnin two weeks after the final pass- ing thereof. 46 i. c. 18, s. 353. 35«5._(1) Eve:-y snch by-law so registered, and the deben- tures issued thereander, shall be absolutely valid and binding upon the municipality, according to the terms thereof, and shall not be quashed or set aside on any ground whatever, unless an application or action to quash or set aside the same be mado to Some Court of competent jurisdiction within three months from the registry thereof, and a certificate under the hand and seal of the clerk of the Court, stating that such action or pro- ceeding has been brought or application made, shall have been registered in said registry office within the period of three months. When by-law (2) If the action or proceeding be dismissed, in whole or in or 80 much j. ^j^^^ ^.j^g by-law, or so much thereof as is not the subject notTuashed of the application, or not quashed upon the application, shall be to be valid, absolutely valid and binding, according to the terms thereof, on ^ .« * f the expiration of three months from the date of the registration dismiss^ of the by-l*w; upon the dismissal of such action or proceeding, action. a certificate to that effect may be registered in the said registry office. Publication of (3) Notice of the passing of' every by-law ^o.^^ich this and notice. the preceding section refer, and which has not been submitted to the ratepayers, shall immediately after the registration of the by-law be published in some public newspaper, published either within the municipality, or in the county town, or in a public newspaper in an adjoining local municipality, as the council may designate by resolution, and the publication shall, for the purpose aforesaid, be continued in at least one number of such paper each week for three successive weeks. 4b V . c. 1», s. 354. See sec. 408. * 353 Nothing in the last preceding" two sections contained shall make it obligatory upon any city, town, or incorporated village to register any by-laws providing tor the issue of deben- tures! passed under the provisions of this Act relating to local improvements, but the same may be so registered at the option of the municipality. 46 V. c. 18, s. 355. :i54. The notice required to be published by section 352 shall be in the form following, or to the like effect : Notice is herebv given that a by-law was passed by the of of on the day of A D 18 , providing for the issue of debentures to the amount ot * , for the pur^oL of and that such by-law was registered in the registry office of the coanty of the day of A.D. 18 Exception as to local im- rovement I ly-laws. Form ot notice. Sec. 356. (3). THE MUNICIPAL ACT. Chap. 184. 113 Any motion to quash or set aside the same, or any part thereof must be Ittti^af/e'r '"^"*'' ^^^^'^ ''' '''^ "^ registraLn,and LnTo't bl Dated the day of 18 40 V. c. 18, 8. 356. Clerk. 355. The by-laws shall be registered in the way and mah- Manner of ner provided by n^ Debentures Regiatration ^.^ and the r?g- '««"t^«tron. iTv. c it 8 357""^ '''" '"™ °^' ^^ '"'' '•^g'^^^^t'^" thereof, ^^l ^"''- ^ «l,i1f hlTiVj ^f^ certificate first referred to in section 352 Form of cer. sliall be in the form or to the effect following : tificate of J"*he (name of Court) SJT^ enUtled" *° ""'^'^^ **'''* ^" ^ certain action or proceeding in this Court, fir entitle?:b;t'^^^'^-'^-^^- Dated, | (Signed), A.B., ( ' \ Clerk of \ Seal. \ In the / ^ /-< .V missal of ("«'»« 0/ Coitrt) action. I hereby certify that the action or proceeding in this Court, entitled by-law No. ofth"e' " ^""*''" *^^ ^^^'^^^ °^ oS Stt^'^iL^ '^"'^ ^'^ ^^^^ ^'^ ^-'^'^^ - i'-'. -' out )Z Dated, (Signed), ^. 5., ( '^"^^ Clerk of ) Seal. (3) The registrar shall be entitled to the sum of fifty cents 1? . for registering either of said certificates. 46 V. c. 1 8, 8.358 trrtion!" "^'■ Division VII.— By-laws bespecting Yeablt Rates. Amount and Limit of Rates. Sec. 357. How estimated. Sec. 358. Estimates and By-laws to he annual. Sees. 359 360 In case of deficiency. xSec*. 361, 362. ' In case of excess. Sec. 363. Date from which Taxes imposed. Sec. 364 Priority of Debenture*. Sec. 365. ^omr t<> Exempt from taxation. Sec. 366. ' ■;/ •.^" vct*t xiucc. ucu. OD<. Formalities in By-law therefor. Sec. 368. 8 ^^z^i^m^^s^-in^ 114 Yearly rates to be levied, sufficient to pay all debts payable with' in the year. Aggregate rate limited to two cents in the dollar. Provision when such aggregate not sufficient to pay debts payable with- in the year. Chap. 184 THE MUNICIPAL ACT. Sec. 357. Proviso. ^^.—.(l) The council of every municipal corporation, and of every provisional corporation, shall assess and lev^ on the whole ratable property within its jurisdiction, a sufficient sum in each year to pay all valid debts of the corporation, whether of principal or interest falling due within the year, but no such council shal' assess and levy iu any one year, more than an aggregate rate of two cents in the dollar on the actual value, exclusive of school rates. (2) If in a municipality the aggregate amount of the rates necessary for the payment of the current annual expenses of the municipality, and the interest and the prmcipal of the debts contracted by the municipality on the 29th day ot March, 1873, exceed the said aggregate rate ot two cents in the dollar on the actual value of sucli ratable property, the council of the municipality shall levy such further rates as may be necessary to discharge obligations up to that date incurred, but shall contract no further debts until the annual rates required to be levied within the municipality are reduced within the aggregate rate aforesaid : but this shall not aflfect any special provisions to the contrair contained in any special Act now or hereafter in force. 46 V. c, 18, s. 359. How rates to 358. In counties and local municipalities the rates shall be be calculated, calculated at so much in the dollar upon the actual value ot all the real and personal property liable to assessment therein. 46 V. c. 18, 8. 360. 359. The council of every county or local municipality shall every year make estimates of all sums which may be re- quired for the lawful purposes of the county or local munici- pality, for the year in which such sums are required to be levied, each municipality making due allowance for the cost of collection, and of the abatement and losses ^rhich may occur in the collection of the tax, and for taxes on the lands of non- residents which may not be collected. 46 V. c. 18, s. 361. By-iaws for 360. The council of every municipality may pass one by- raising money jj^^^ or several by-laws, authorizing the levying and collecting ^y '''*^- of a rate or rates of so much in the dollar upon the assessed value of the property therein as the council deems sufficient to raise the sums required on such estimates. 46 V. c. 18, s. 362. If the amount 361. If the amount collected falls short of the sums re- coUected falls quired, the council may direct the deficiency to be made up "'"'"* from any unappropriated fund belonging to the municipality. 46 V.c. 18, s. 363. Estimates to be made annually. short. Estimates may be re- duced. 363 If there is no unappropriated fund, the deficiency may [educted from the sums estira.ated as required or be equally d from any ons or more of them 46 V. c. 18, s. 364. Chap. 184. THE MUNICIPAL ACT. Sec. 367. 116 shalffonn'Ja^TtX^^^^^^^^^^ '/•" balance When .„., oii:'e InLzi^'Tr'^T'"''' '"--'teetw'^-"- localifv f ,1 account ot a special tax upon any paHicular ^-^lance. pec af'tax Shan r J" '"'^ T^^^^''^ ^ ^'^'^^^ o" «uch 46 V c. 18 s 365 ^^^'"'^''^'^'^ ^° ^''^ «P«^i«l local object. tlieSlst day of December thereof unlran ntl,.™:.. ', Ul J.nii.ry, prorided for by tlie enactmonl „rK,. ?. o'l'erwise expressly uni«i „£. are directed to bcTeWed S V c ^:8°I s'ee!'" " °'' ""' """'"" "*"'■ law a/j based u^„„"7e ^eUTl^e 7'r.Tabf: "^ bj" <"'"*""■. ;Ho'i^irtC^L«,,;A^^^^^^ property Within tlie mnnl-Jnoi 1! real value of the ratable Paying them r^eataraKurrSi i*'"^^^^^^^^^^^^^^ payment of such debentures or intlr^^^^^^ '° the To be applied according to the terms of the hv W ^ °° '"u" \ debentures, «olely to^such issued terms ot the by-law under which they were ^"'"P"'^'- rate shall be levied as shall Rf Wt certam sura, then such a intended to be art apart 46 V. c 18, s^^t! ^' '""^ ^''^^"^'^"^ 366. Every municipal council shall bv a two thivA. . ^ he members thereof have the power of exemDtTni I ''^^^ of Exemption of in?l"?lo?''''^'"f ' '' ^"^ "^^- worl?rrafer"cJ;ra';rv'--^^^^^^^^^^ n whole or m part, from taxation, for any period n of ^^ ^°^^« ^^""^ tlmn ten years, and to renew this exemptiorf for a further l""^^^'''^*"'^- not exceedmg ten years. 47 Y. c. 32 s. 8. "^'^^"er period .mposed by the bylaw to order SZ7Z tlL^r^T'/Te i-i ! I! !; \ n. ! 1^ .j^u^^m^i ' 116 Ohap. 184. THE MUNICIPAL ACT. Sec. 867(1). Binkinst fund and interest required to be raised for any year, or to raise such ir.stalnrjents tor any future years o the then enexpired time which the debentures have to run, the council may Vass a by-law reducing the rate for such je^f o^/^r any such future years, so that no more money may be collected than the amount required. 50 V. c. 29, 8. 16. (2) No such by-law shall be passed unless, having regard to tlie time the debentures have to run, a proper proportion ut sinking fund and interest has ^o«" l"^'^''^'/*^''^':^^;"!/'' ' intention of the original by-. aw. ii> V . c. 18, s, 369 (2). Bv-lawtobc 34^8. No by-law passed under the preceding sec ion sha 1 TpV-veaby be valid unless, after it is passed, it is approved by the Lieu- LTeutenant- enant-Governor in Council ; and the facts which authorize the aovtrnor. . j j^ j g^all, on its submission for approval, bo termed i.i the manner provided by section 290 of this Act. 46 V. c. 18, 8. 370. Anticipatory appropria- tions may be made. What funds may be so ap propriated. Division VIII.— Antioipatory Appropriations. When and how made. Sees. 369, 370. On Separation of Municipalities. b>eG.m\. :J6». In case any council desires to make an anticipatory appropriation for ti!e next ensuing year in lieu of the special rat^e for such year, in respect of any debt, the council may do so, by by-lawf in the manner and subject to the provisions and restrictions following : 1 The council may carry to the credit of the sinking fund account of the debt, as much as may be necessary for the pur- pose aforesaid ; (a) Of any money at the credit of the special rate account of the debt beyond the interest on such debt tor the year following that in which the anticipatory appropriation is made ; Q,) And of any money raised for the purpaiu; afoiesuid by additional rate or otherwise ; ic) And of any money derived from any temporary in- vestment of the sinking fund ; ( } I Division II.— Commission of Inquiry into Finances. When granted. Sec. 383. Expenses of. Sec. 384. tiuitj duly qualified electors of the municipality, petition for ™i««io" of a commission to issuo under the Great Seal, to inqu re into tl.e^"'!"'''^' "^"^ financial affairs of the corporation, and things conLctei here!'""^' %utli, and ,f sufficient cause is shewn, the Lieutenant-Governor inLouncil may issue a - .nimission accordingly, and the com- nissioner or the commissioners, or such oneVr'more of 1^^ as tlie commission empowers to act, shall have the same power summon witnesses, enforce their attendance, and coZel hem to_ produce documents and to give evidence, as any Cour ' has in civil cases. 46 V. c. 18, s. 385. ^ ■ ^^f ,Vl^ expenses to be allowed for executing the commia i^ sion shall be determined and certified by the Trl^Z^M-nl^T^'^Z^- tano, ana sliaii tiiencefortb become a debt due to the commVs- «''"^«- f I ':;.^ ••■^sMj.iJiMhi 122 Chap. 184. THE MUNICIPAL ACT, Sec. 385. sioner or commisaionere by the corporation, and shall be pay- able within three monthtt after demand thereof, made by the commissioner or by any one of the commissioners, at the office of the treasurer of the corporation. 46 V. c. 18, s. 386. TITLE IV.— ARBITRATIONS. Div. I. — Appointment of Arbitratoes. Div. II. — Procsdurb. Division I. — Appointment of Arbitrators. How appointed. Sees. 385-389, 394. Failure of parties to appoint. Sees. 389, 390. Respecting real property taken hy Corporations. Sees. 391, 392. Several interests in the same property. Sees: 393, 394. Award, when to he made. See. 395. Persons disqualified from aeting as arbitrators. See. 396. Compenmtion for lands taken or injured. See Sees. 483-488. Appointment 385. The appointment of all arbitrators shall be in writing how made, under the hands of the appointors, or in case of a corporation, under the corporate seal, and authenticated in like manner as a by-law. 46 V. c. 18, s. 387. Council, or 386. The arbitrators on behalf of a municipal corpora head thereof ghall be appointed by the council thereof, or by the head Sr^coTp^o°ra* thereof, if authorized' by a by-law of the council. 46 V. tion. c. 18, s. 388. Either party may appoint an arbitrator and give no- tice to oppo- site party. 38T. In cases where arbitration is directed by this Act, either party may appoint an arbitrator, and give notice there- of in writing to the other party, calling upon such party to appoint an arbitrator on behalf of the party to whom such notice is given. A notice to a corporation shall be given to the head of the corporation. 46 V. c. 18, s. 389. Third arbitra- 388. The two arbitrators appointed by or for the parties tor to heap- shall, within seven days from the appointment of the lastly pomted. named of the two arbitrators appoint, in writing, a third arbi- trator. 46 V. c. 18, s. 390. When more 389. In cases where more than two municipalities are in- than two mu- tjrested, each of them shall appoint an arbitrator, and in such TntcresteT ^^^®' ^* ^^^^^^ '^^ *" equality of arbitrators, the arbitrators so Sec. 393. THE MUNICIPAL ACT. Chap. 184. 123 appointed shall appoint another arbitrator, or in defanlt at the expiration of twenty-one dajs after such arbitrator have been appointed, the Lieutenant-Governor in Connci may on the application of any one of the municipalities intSed appoint such arbitrator. 46 V. c. 18, s. 39/ P*""^' interested, tio^riVf^wenfAV'^'*'"'^''" ^•''^""" '""'"°'P*^ corpora- Provision in Sctini dr^n„^^^ f^^'V^' '". '^^'^ *'^« arbitration is ease of neglect respecting drainage works, then, if for twenty davs after *" »PP«'°*- having received such notice, the party notified omits to ITCnt^^'^T'"''' "'• '/' ^'°'' ««^«" ^^y^ after the second anS . T .'^^^^.aPPointed, the two arbitrators om't to appoint a third arbitrator, then, in case the arbitration k between townships or between a township and a town or an incorporated village, the Judge of the County Co„Tt o f J,nlflT^I^ ''''^'" ^^'^'^ '^'^ townships, town^ or Tncor porafed village are or any of them is situate, or in case the otl'^r in"cou1:r '''" ™--'PaHties, the" iLTeln" VTOvernor in Council may appoint an arbitrator for the uartv ested i» vpol ,.Z!^r? occupiers of, or other persons nter-as to real nmnHn^n l^**',P'^operty entered upon, taken or used by the cor-P^P^'-ty poration m the exercise of any of its nnwpra r.. iL • 1 taken or in- affected thereby, if, after the pass^L of H.p Kv 1 '"J""«"8lyjured bynm- interested m thi r.r«^l f passing ot the by-law, any person mcipal cor- head of tJ „ ^nV}7 appoints, atid gives due notice to theP°™t'°°«- ennine It ''^ ""^ ^'' appointment of, an arbitrator to de tei .nine the compensation to ^vhich such person is entitled tl.l head ot the council shall, if authorized byVlawfwSs^ven otrrrrtrandXn "'''"^^' 'f 4' -tice'thteo? t" Te ncr })arty, and shall express clearly in the notice what powers on^th?-owner"or occuoler"!!""'^ arbitration, if after service Provision if pn.nertY nf « I T i""', °'' P^''"''" ^« interested in, the«>^nerof 2r ?lU 1 A^V\ *" V"^^"^' ^^'''^'fied to be a true copf r P^'*^ ^^i^^ under the hand of the c erk of tlip nnnnml fi,« ^"P^ ' to name arbi- oc-c„|.ier, or person so intemld, „^.e for we^ty o^rdTito*"'"'' Li owner, oeeupier or pereon so interefted, and the alter 393. In case there are several persons having distinct in w>. terests m nronprtv in >.nQ,^«,.f *• i- 1 , '"'& uibiuici in- Where sev- desiroL nf ™ - in respect of which the corporation is eral parties aesrous of exercising the powers rpfprrpd ^- -•n ""-.*:— o-.Vhave distinnf ..nder a by-law in thai behalf passed.wWhersa^h ,«r;;"^; "are ."aSr^^ISi i'W ! rf: 124 Chap. 184. THE MUNICIPAL ACT. Sec. 393. point arbitra tor in certain cases. n 'w all interested in the same piece of property, or some or one in a part thereof, and some or one in another part thereof, and in case the by-law or any subsequenc by-law pro- vides that the claims of all should, in the opinion of the council, bo disposed of by one award, such persons shall have twenty-one (instead of seven) days to agree upon, and give notice of, an arbitrator jointly appointed in their behalt before the County Court Judge shall have power to name an arbitrator for them. 46 V. c. 18, 8. 395. County Court $94. If such owner, occupier or person so interested, or ju »•! «.«•-/ .♦V^.*... ...•. ...... ...... tv" .-•' ..I..,.V ...i.|..,t.f i.V.I.i the proceedings so tiled as aforesaid, and may call for additional_ fir Sec. 407. THE MUNICIPAL ACT. Chap. 184. 127 evidence, to be Uken in any manner the Court directs, and may, either without taking such evidence or after taking such evidence set .side the award, or remit the matters reierr^ed or any of them, from time to time, to the consideration ar^d determination of the same arbitrators, or to any other persons whom the Court may appoint, as prescribed in The Act r^ CI Rev. Stat. c. ^n9 ArhtraHons and References, and fix the time ZTthn''- which such further or new award shall be made, or the CW may itself increase or diminish the amount awa'rded or other rTquiirte t eT8:'s.r5':^ ^'"^'^^^ ^' ''^ ^^ .^^ --to' 1 i' 1- t :•. I i '} E. ''^^Wl I TITLE V.-DEBENTUHES AND OTHER INSTRU- MENTS. To be wider seal and bear signature of head. Sec 405 Railway and Bonus Debentures. Sec. 406. Defects inform. Sees. 407, 408. Loml Improvement Debentures. Sec. 409. Transfe)^ of Registered Debentures. iS'(3C5. 410-412 Councils borrowing for current Expenses. Sec 413 J\o issue under $100. Sec. 414. 405. All debentures and other instrumentt, duly authorized n»K . be executed on behalf of a nunicipal corporation sbaU un bonds"*ett' ess otherwise especially authorized or provided, be sealed with ^^"^ *» '^e tUe seal ot the corporation, and be signed by the head thereof ^''^''''^^^ or by some other person authorized by by-law to sign the same, otherwise the same shall not be valid, and it shall be the duty ot the the treasurer of the municipality to see that the money collected under the by-law is properly applied to the payment of the interest and principal of the debentures. 46 V • C. Jlo^ 8. tUO. 406. Debentures issued in aid of any railway, or forin certain any bonus signed or endorsed and countersigned as directed cases, deben- by tfie by-law, shall be valid and binding on the corporation *"!:r ""^^'^ without the corporate seal thereto, or the observance of any pj atT eal" other lorm with regard to the debenture than such as may be etc directed in the by-law. 46 V. c. 18, s. 407. 401. Debentures issued under the authority of any by- Debentures law promulgated under this Act, or any former Municipal valid noT Act, shaJl be valid and binding upon the corporation, notwith- T'J^^*^^**'"^ standing any insufficiency in form or otherwise of such by-fom " ., I. .)vuj ,^^ wrpurauoii in respect tiiereof; Irovided that the by-law has received the assent of the Proviso. iii!:. ill. 1 i^ }| ' ^? ,m i ■ 31.. i. 128 Chap. 184. THK MUNICIPAL ACT. Sec. 408. Debentures electors where necessary, and no successful application has been made to quath the same within the time limited in the notice of promulgation. 46 V. c. 18, 8. 408. Debentures 408. Where debentures were issued prior to the tirst issued before daV of February, lb83, by any municipality under a bylaw Feb. 1. 188.3, passed by such municipality, and the interest on such deben- rJt^'hasbeJntures, and the principal of such thereof (if any) as shall have mado f..r two fallen due, has been paid for the period of two years or more, years, to be },„ the muiricipality, the by-law and the debentures issued '"^'''- thereunder, or such thereof as may yet l)e unpaid, shall bo valid and bindinj< upon the corporation, and shall not be quashed or set aside on any ground whatever. 46 V. c. 18, s. 409. 8ee sec. 352. Form of local 409. Every debenture issued under section 612 of tins Act, improvement qj. under the provisions of any other Act relating to the issue debentures, ^f jgbentures for local improvement purposes, shall bear on its face tliQ words "Local Improvement Debenture," and shall contain a reference by date and number to the by-law under which it is issued : Consolidation Provided always, that (in order to obviate a difficulty which has been found to prevail in negotiating such local improve- ment debentures, in consequence of many of the same having to be issued for small and broken amounts), councils may, from time to time after the passage of the several by-laws covering the several amounts required for particular local im- provements as therein specified, and without in any way af- fecting the liens on the lands therein named and to be improved thereby, further pass a collective or cumulative by-law con- solidating such several amounts, and issue the requifed deben- tures in a general consecutive issue under such consolidated by-law, apportioning, nevertheless, the amount raised thereby, and crediting each service with the amount previously esti- mated and named for the same under the individual by-law- passed in the first instance ; And for the purpose of more readily carrying this proviso into effect, councils desiring to avail themselves of the same shall insert a clause in such individual by-laws, intimating that the amount of debentures to be issued thereunder is subject to consolidation, and in such case it shall be sufficient to state in said individual by-laws that the said amount of deben- tures to be issued thereunder shall be issued at so many years from the date of issue of the same witiiout defining a specific date; and provided further that no consolidated debentures shall be issued covering any debentures whic.i may have been issued or sold under any original by-law. 46 V. c. 18, s. 410. Sec. 414. THE MUNICIPAL ACT. Chap. 184. 129 " This debenture or anv interfiRt fJiorai., .u n ^ y. be prescribed, ownership ha. been endoLd K L" ^^ *^f ^^^^^^^^ Xf^H'''"''' 1 corporation, be transferable ein«nf k„ ! treasurer of this Municipal deputy in the Debenture Sgf^^^^^ Treasurer or L Town (or Village) of '^K'siry uoolt of the said Coq)oration at the ^ ' ,»>■ to the. like effect. 46 V. c. 18, B. 411. shall open and kefp a ZZZereJis^^'Zi^^^^ such debenturJ; Tucl'i entry shall 3 Um.T"'°' l'^'''^'' °^" JZ^:!:tt' rf rs'iffTiit be^trf "itT^ ■^•"-^ entry, by the treasurer of tL^.ll- •^•. t'^ansferable by debentures requirea to meet the then current exoendihir*^ r,e fU« „ ^ "^'sums to pay t.on, until such time as the taxes Stl'?- '^^^^^ lected, and the council shall, by bVC relnl.l .b ^^ ««'-P^"«-- or 'a^e^m^rr C' • ''' ^-^^'^^^^^^^^^ or^agreement to be given in security therefor. 46 V. c. 18, mat"or^reTv'iond"bm^nn '^/f "^ ^"'^^^^^^ «« *<> do, Without spe- ina fnr ffl -^ f 5' ?^'^ note, debenture or other undertak ci»lauthorfty hiS' nnV 5^^^^"^°^ ""^ ^ ^^'^ ^'"°"«t than $100 : and any bond ''° '""'''• S bill, note, debenture or other undertakin^r ;««,». A iL I ^O"a,to be given tion of this section shall be vol^d 46 V f . Tg , 415.'° ''""'''Iroi"^ ^'^"^ Proviso. II 9 130 Chap. 184. THE MUNICIPAL ACT. Sec. 415 TITLE VI -RESPECTING THE ADMINISTRATION OF JUSTICE AND JUDICIAL PROCEEDINGS. Div. I. — Jdbtioeb of thk Peace. Div. II. — Penaltifs. Div. III.— WlTNKBBEB AND JuBOKS. Div. IV.— Conviotiokh under By-lawb. j^jv. v.— Execution against Municipal Cohpohations. Div. VI.— Teiideb of Amends. Div. VII.— Conte acts with MKMBEr.8 of Council Void. Div! VIII.— Police Office and Police Maoibtba-ie. Div. IX.— Board of Commibbionerb of Police and Police Force in Cities a'd Towns. Div X.— Court Houses, Gaols and Places of Imprisonment. Div! XI.— Investigation of Charges of Misconduct in Rela- tion to Municipal Maiters. Seep.HQ. Div. XII.— When Mayor may call out Fosse Comitatua. Division I.— Justices of the Peace. Justices of the Peace, Who are ex officio. Sec. 415. Jurisdiction of Mayors of Cities and Towns. &ec. 416. Qualification and Oath of ex jofficio Justices. i)ec. 417. Jurisdiction of Justices in Cases under By-laws, i^ecs. 418, 419. Certain per- 415. The head of every council, and the reeve of every sons to ^e«. town, township, and incorporated village, shall, ex officio, he o/fino justices J jiggg ^f ^\^Q Pgace for the whole county, or union ot of the peace. ^^. -^ ^^ich their respective municipalities lie, and fldermen in cities shall be Justices of the Peace for such cities. 46 V. c. 18, s. 416. 416 The mayor of a town or city where there is no Police Magistrate, shall have jurisdiction, in addition to his other nowers, to try and determine all prosecutions for offences against the by-laws of the town or city, and for penalties for refusing to accept office therein or to make the necessary declarations of qualification and office. 46 V. c. 18, s. 417. Qualification 411. No warden, mayor, reeve or alderman, after taking otctS the oaths or making the declarations as such, shall be required «fia«i*^«- to have any property qualification, or to take any further oath to enable him to act as a Justice of the Peace. 46 V. c. 18, s. 418. Jurisdiction of mayors over certain offences. Sec. 422. THE MUNICIPAL ACT. Chap. 184. 181 iurfsdtti^n'in a^l"'!'"' '^ '■' ^T« ^°'* * ''^""'y "^aH have Jurudiotion iZut u ^*'*'' ''"''°« "'»^®'' a°y 1>7-J»w of any muni- °' J"t'«« ««. Srv'^c. Is, s 419.""'^' '^''■' « no ^Police MaglZe. '*'" ''^•^-• . i'.?" .f"/*«\*ny offence is committed against a by-law of, , . s onTs 'ml an\PfT"''%" f ^^'^'^ ^^•'""^ ^ otL pro inTi^ r«T„. r. C ^ u"'*'^® °^ *^® ^®*°« ^»ving jurisdiction in-P^^i^Hy pro- the locahty where the offender resides, or where the offenJe "^*'*^ '»'■ was committed, whether the Justice is a member of the councU 46 V ; 18^ s ^20 '"'"' '"^ prosecution for the offence ' Division II.— Penaltibs. Recovery and enforcement thereof. Sec. 420-422 On offences against By-Laws. Sec. 421 Application of Penalties. Sec. 423. 420. Every fine and penalty imposed by or under th«« authority of th S Act may unless wKorA Jv^ • • ^l® Recovery and SDeciallvmadp fV>pr«fvX l!l^' j ^ , °*'^®'' Provision is enforcement specially made therefor, be recovered and enforced with costs "^ penalties, by summary conviction, before any Justice of the Peace for the county or of the municipality in which the offence was com Td ' . ^""i '" ^'^""^* °^ P^^'"^"* 'b« offender mavTe com I-prison. m.tted to the common gaol, house of correction, or lockTo --"^^ ^e- house of he county or municipality, there to be imprisoned '''"" °^ for any time, in the discretion of the convicting jiSnor""'""*- exceeding (unless where other provision is sp^ecial y made thirty days, and with or without hard labou?, TnL such fine and penalty, and costs, including the costs of the com mittal, are sooner paid. 40 V. c. 18, 87421. 481. The Justice or other authority hpfnro rc\.r.yr, :;tct'^eM:r ^'^ t-^^ r^^^^ ' -nSp?by-l^^^^^^^^^ convict the offender on the oath or affirmation of any credible ^y-^*^"- witness, and shall award the whole or such part of the Denalty hVZtsT' ^"PT^ ""^1^' ^^-^^^ ^« ^« thinks fiHtt Award of he costs of prosecution, and may by warrant, under the hand P^'^*'*^ ^-^^ and seal of the Justice or other authority, or in case two nr'^^'^'- sTar of TeVlh'^^^^'" *'"^^"' then'unrVeTanTand . seal ot one of them, cause any such oecuniarv r^onoU^ a costs, or costs only, if not forthwith paid to be ivfed S 5 ^^.f^XluJ^'' }^ there beingno distress found out of which Comn,it„,«nt -n.. ^.na..j, uaa uc leviea, the Justice may commit the offender '"? d^^""!' of distress. '•SSB?' ■ xtii:,iM^'i.Vr^ wmmi^f^-" ,..*.4i»..--T.j)pi.. 132 Chap. 184. THE MUNICIPAL ACT. Sec. 422. to the common gaol, house of correction, or nearest bck-up house, for the term, or some part thereot, specified m the by- • law. 46 V. c. 18, s. 423. Pines how 4«3. Unless otherwise provided, when the pecuniary penalty l^^l haf been levied under this Act, one moiety thereof Bhall go to the informer or prosecutor, and the other moiety to the muni- cipaHorToratio^^^ unless the prosecuti. n is brouglit in the name . o^the co'rporation, in which 'case the whole of the pecuniary penalty shall be paid to the corporation. 46 V. c. 18, s. 424. [As fo summary method of enforcing by-laws. See sec. 482.] Who may be witnesses. Ratepayers, members, offi- cers, etc., of corporation competent witnesses — may be chal- lenged as jurors. Compelling witnesses to attend, etc. Division III.— Witnesses and Jueoes. Who may be witnesses. 6^(?c«. 424, 425. ,-^i7w^ Ratepayers, members, officers, etc., of Corporations liable to challenge as jurors. Sec. 425. Compelling attendance ef loitnesses. See. 426. 424 Upon the hearing of any information or complaint exhibited or made under this Act, the person givmgor ma.:ing the information or complaint shall be a competent witness, not- withstanding such person may be entitled to part of the pecu- ^ary penalty on the conviction of the .fender, and tae defen- dant, and the wife or husband of such persons opposing or defending, shall also be competent witnesses ; ana all the said perpons shall be compellable to give evidence on the hearing. 46 V. c. 18, 8. 425. 425 In any prosecution, action or proceeding in any civil matter to which a municipal corporation is a party, no ratepayer, member, officer or servant ot the corporation shall on account of his being such, be incompetent as a witness ; but the? and every of theS, shall be liable to challenge as a juror, except where the corporation, the party to the prosecution, action or proceeding, 18 a county. 46 V. c. 18, s. 426. 426 In prosecuting under any by-law, or for the breach of any by-law, witnesses may be compelled to attend and give evidence in the same manner, and by the same process, as wit- nlsses are compelled to attend and dve evidence on summary moceedfngs beYore Justices of thel>eace in cases tried sum- marily, un^er the statutes now in force, or which may be here- after enacted. 46 V. c. 18, s. 427. Sec. 428. (1). THE MUNICIPAL ACT. . ' Qhap. 184. 133 Division IV.— Convictions undee By-Laws. Form of Conviction. 8ec. 427. 421. It shall not be necessary in any conviction made under Form of con- an} Dy-iaw ot any municipal corporation, to set out the infor- '*'*°*'°° "'ider niation, appearance or non-appearance of the defendant, or the^^'^*""'- evidence or by-law under which the conviction is made but all such convictions may be in the form following : An- • . i ?*r ' "^ tJie County of ' TIT . . , T ,- > -^- ■"• IS convicted before the undersigned one ni Uar ^H'b f^S^'%f ^ ^^"°«. ^" ^'^^ f«^ the said SSy/frthat^he sa d^ B, (statuig the offence, and time a^ui place, and when dnd wJ^recom nutted), contrary to a certain by-law of the Municipality oiZ day of ' •" ""^^ ""^ ' P^««^ °^ *1^« hJlnm\- ai,^ T ^A- A xu'"^"?^" . ^ , •'ind intituled {reciting the title of pay the sSm o? ^^^ ^' ^^^'"'^ ^--f-' *^/ ^^ '^'^ ^^^''^^> *« forfeit and S to nay^o f^ r> f l, ' ^"^ ^ • ^".^ ^"'^ ^PP"«^ according to law, and fr^ihf ul 1? A V •*]''; complainant, the sum of . for hia costs ^r Kelhf ''''' ^^'/of^ «^^-^ -- - -* P^id fo^St^^^n J!^-^^ I'e^viedbySress and sale ofThfgST/d'ct teTstf *t^ said A. B. , and in default of sufficient distress, I adjudge the said i B K LTeTuS L"oS!u';aT™ ^^^^ ^' *^« T^ cf nt^off' ^- ^• tfeS'i^^. saidU^rlums, and aU cost^ Ind^SSi^rof conyeying the said A. B. to such Gaol (or Lock-up), are sooner paid °°°^«y'ng Giyen under my hand and seal, the day and year first aboye written ' , ,T c,^ ' ^" *"® ^"-^^ County. ' ^^•^•^ J. M., J.P. 46 V. c. 18, 8. 428. Division V.-Exeoction againsf Mdnioipal Corpoeations. Proceedings on Writs of Execution. Sec i28 Municipal Offi.cers, also Officers of Court. Sec. 429. tt?rtr sig'f "^'^^ ^°' ^^^^ ^^--^^"^^ '^---s m.^f^i^b«f ^ '^'^^^ ^'^l"'^' ^ "«Py °f tl>« ^"t and e^dorse- « L;5'^ 5* 5*,"®'"' ^^^'^ ^ statement in writing of the leriff's fees, and of the amount required to satisfy thf execu tlOn. inchldincr in annU ..rv,^.,^*. 4.1-- ii. . ""fV l,"W CAGCU- rlovT ' „„ „ ' ~= • ■ '^"^•-•uut luc; iiiiurosc calculated to some day, as near as is convenient to the day of the service ; Proceedings on writs of execution against muni- cipalities. SheriflF to de. liver copy of writ and statement of claim to treasurer. 134 If claim not paid rate to be struck by Sheriff. Chap. 184:. THE MUNICIPAL ACT. Sec. 428. (2). levy rate. 2. In case the amount, with interest thereon from the day mentioned in the statement, is not paid to the sheriff within one month after the service, the sheriff phail examine the assessment rolls of the corporation, and shall, in like manner as rates are struck for general municipal purposes, strike a rate sufficient in the dollar to cover the amount due on the execu- tion, with such addition to the same as the sheriff deems suffa- cient to cover the interest, his own fees, and the collectors percentage, up to the time when the rate will probably be available ; Sheriff's pre- 3. The sheriff shall thereupon issue a precept or precepts, cept to coUec- under his hand and seal of office, directed to the collector or tor, etc., to respective collectors of the corporation, and shall annex to every precept the roll of such rate, and shall by the precept after reciting the writ, and that the corporation had neglected to satisfy the same, and referring to the roll annexed to the precept, command tlxi collector or collectors, within their re- spective jurisdictions, to levy such rate at the time and in the manner by law required in respect of the general annual rates ; 4. In case at the time for levying the annual rates next after cne receipt of such precept, the collectors have a general rate roll delivered to them for such year, they shall add a column thereto, headed " Execution rate in A. B. vs. The Townshtp (or as the case may be, adding a similar column for each execu- tion if more than one), and shall insert therein the amount by such precept required to be levied upon each person respectively, and shall levy the amount of such execution rate as aforesaid, and shall, within the time they are required to make the returns of the general annual rate, return to the sheriff the precept with the amount levied thereon, after de- ducting their percentage ; 5. The sheriff shall, after satisfying the execution and all fees thereon, pay any surplus, within ten days after receiving the same, to the treasurer, for the general purposes of the cor- Rate rolls. Surplus. poration. 46 V. c 18, s. 429. 489. The clerk, assessors and collectors of the corporation sore anrcoT- shall, for all purposes connected with carrying into effect, or lectors to be permitting or assisting the sheriff to carry into effect, the pro- officers of the^jgjQjjg Qf ^jjjg ^(.^ ^itj^ respect to such executions, be deemed court trom ^^ ^^ officers of the Court out of which the writ issued, and as such shall be amenable to the Court, and may be proceeded against by attachment, mandamus or otherwise, in order to compel them to perform the duties hereby imposed upon them. 46 V. c. 18, 8. 430. which writ issues. Sec. 432. THE MUNICIPAL ACT. , Qhap. 184. , 135 Division VI.—Tkndee of Amends. Tend^ and^paym^nt into Court in actions for negligence. on the part of the munic1pali?;Xfen : ^ Tay ^ mpen'Srir%r'/"°""* ^^ V -aj insider prope-^^'^^^^^^^ compensation for the damage sustained, and in the pvahI of the non-acceptance by the%laimant of such ender orX Division VII.-Contraots wirn Membees of Council V OID. Contracts xoith Memhers of Council. Sec. 431. 431. In case a member of the council of anv munioinRUfv either in his own name or in the name of aSi? ^ ^^ ^' Contracts by alone or jointlv with anothpr IL. • / *'"*'*^^'^' *"<3 either members with kind or mJilL ^ ,. ,*°°*"®'^' ,®".*ers into a contract of anv ^^^ ^o^po^*" f IV • . . Z",'^^^'^^^ <^^ ^ale in which the corporation is t''*'^ *" ^e held a party interested, the contract, purchase or sale sS beheld ^'f ''^ ^'^^ void in^a^ny action thereon again'st the corporatiot 46 V c " °- Division VIII.-Polioe Office and Police MioisTHATE. , {See Cap. 72.) In cities and towns. Sec. 432 Clerk of. Sec. .433. r,^l n^ fi^"t ^^- '""H P""^^ *^ ""^y ^« necessary for tL dis 136 Chap. 184. THE MUNICIPAL ACT. Sec. 433. Clerk of po- 433. The clerk of tho council of every city or town, or lice office and gy^jj other person as the council of the city or town appoints hj8 duties. ^^^ j.jj^^ purpose, shall be the clerk of the police office thereof, and perform the same duties and roceive the same emoluments as clerks of Justices of the Peace; and in case the said clerk is paid by a fixed salary, the emoluments shall be paid by If paid by ^liia to the municipality, and form part of its funds, and such be piid over clerk shall be the officer of and under the Police Magistrate. to munici- 46 V. C. 18, 8. 434. pality. ' . Division IX.— Boaed of Commissioners of Police and Police Force in .Cities and Towns. Board, members of. Sec. 434. Poioers of Commissioners as to witnesses. Sec. 435 (1, 2). Quorum. Sec. 435 (3). Meetings of Board in Cities to he public. Sec. 435 (4). Licensing, etc., livery stables, cabs, etc. Sec. 436. By-laws of, how authenticated and proved. Sec. 437. Penalties, how recoverable. Sec. 438. High Bailigc. Sec. 439.' Folicc Force, appointment of. Sees. 440, 441. ^^ Police Regulations. Sec. 442. Duties of Constables. Sec.U3. Remuneration and Expenses of Police Force. Sec. 444. Constables in Towns where no Police Commissioners. Sec. 445. Constables in Incorporated Villages. Sec. 445. Dissolution of Boards in Towns. Sec. 446. Constables in Counties and Townships. Sec 447. Right of Salaried Constables to Fees. Sec. 448. Arrests without warrant. Sec. 449. Suspension from ojice. Sees. 450, 451. Board of com- 434. In every city there is hereby constituted a board of missioners of commissioners of police, and in every town havmg a Police police in cities j^j. ^j^ council may constitute a like board, and such wlfomTm'.'^boafd shall consist of the mayor, the Judge of the County posed. Qourt of the county in which the city or town is situate, and the Police Magistrate ; and in case the office of County Judge or that of Police Magistrate is vacant, the council of the city shall, and the council of the town may, appoint a person resident therein to be a member of the board, or two persons so resident to be members thereof, as the case may require, during such vacancy ; but the council of such town may at any time, by by-law, dissolve and put an end to the board, and thereafter the council shall have and exercise all powers and duties previously had or exercised by the board. 46 v. e. 18, 8. 435. Sec. 438. THE MUNICIPAL ACT. Chap. 184. 137 Board may examine wit* iiesaes on oath. Privileges of witnesses. Quorum. Meetings in cities to be open to pub- lic. 435.— (1) The commissioners shall have power to summon and examine witnesses on oath on all matters connected with the administration of their duties, and they shall have the same power to enforce the attendance of such witnesses, and to com- pel them to give evidence as is vested in any Court of. law in civil cases. A notice to attend before the board shall be suffi- cient, if signed by the chairman of the board, or any one of the commissioners. (2) No party or witness .'shall be compelled to answer any question by his answer to which he might render 'himself liable to a criminal prosecution. (3) A majority of the board shall constitute a quorum, and the acts of a majority shall be considered acts of the board 50 V. c. 8, Sched. (4) All meetings of the board of police commissioners in cities shall be open to the press and the public, unless other- wise decided by the board. 46 V. c. 18, s. 436 (2). . 436.— (1) The board of commissioners of police shall, in Licensing cities, license and regulate second-hand stores and junk-stores ^'^^'^ stables, and shall also, in cities, regulate and license the owners ofcSeL^*'" '"^ livery stables, and of horses, cabs, carriages, carts, trucks, sleighs omnibuses and other vehicles used for hire, and shall establish " the rates of fare to be taken by the owners or drivers of such vehicles, for the conveyance of goods or passengers either wholly within the limits of the city, or from any point within the city to any other point not more than three miles beyond said limits, and may provide for enforcing payment of such rates, and for such purposes shall pass by-laws and enforce the same m the manner, and to the extent in which any by-law to be passed under the authority of this Act may be enforced. (2) The council of a city in which there is no board of commissioners of police, shall have ah ' may exercise by by-law all the powers conferred upon the board of commissioners bv this section. 49 V. c. 37, s. 9. "^ ki?^' ^^^^^7"^^^s of the board of commissioners of police How by-laws shall be sufficiently authenticated by being signed by the "Aboard chairman of the board which passes 'the same; and a copy of *"V'^°**''*i^'' such by-law, written or printed, and certified to be a true ^^^ copy by any member of the board, shall be deemed authentic, and be received in evidence in any Court of Justice without proof of such signature, unless it is specially pleaded or alleged that the signature to such original by-law has been forged. 46 V. c. 18, s. 438. 438, In all cases where the board of commissioners of May be en- police are authorized to make by-laws, either under this or anv^^'^^'^^yp^'i- other Act or law, they shall have power in and by such by'- '''"°'' '''"• laws, to attach penalties for the infraction thereof, to be recov ^"^ , ' ivvuT recovered. 138 Sec. 438. THE MUNICIPAL ACT. Chap. 184. crcd and enforced by summary procep.lings before the Police Magistrate of the city for which the same are passed, or, in his absence, before any Justice of the Peace having jurisdiction therein, in the manner and to the extent that by-laws of city councils may be enforced under the authority of this Act ; and the convictions in such proceedmgs may be in the form here- inbefore set forth. 46 V. c. 18, s. 439. High bailiflfs. 430. The council ot every city shall appoint a high bailiff, but may provide, by by-law, that the offices of high bailiff and chief constable shall bo held by ^\w same person. 46 V. c. 18, s. 440. Police force in cities and towns, 440. The police force in cities and towns having a board of commissioners of police, shall consist of a chief constable, and as many constables and other officers and assistants as the council from time to time deem necessary, but, ii\ cities, not less in number tlian the board reports to be absolutely re- quired ; but thld section shall not effect or apply to a city in which by the special Act of incorporation thereof, provision is made for tlie appointment, control and management of the police by the council. 46 V. c. 18, s. 441. Appointment 441. The members of the police force shall be appointed of members of by and hold their offices at the pleasure of the board, and shall police force, ^^j^g ^^^ subscribe the following oath : ri iv P «; 1, A. B.,do swear that I will well and truly serve our Sovereign Lady Oath ot Office. ^^^ ^^^^^ ^^ ^^^ ^^^^ ^j p^jj^^ Constable for the of without favour or afTection, malice or ill-will ; and that I will, to the best of my power, cause the peace to be kept and preserved, and will prevent all offences against the persons and properties of Her Majesty's subjects ; and that while I continue to hold the said office, I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law. 46 V. c. 18, 8. 442. Board tomake 442. . The board shall, from time to time, make such regu- regulations. lations as they may deem expedient for the government of the force, and for preventing neglect or abuse, and for rendering the force efficient in the discharge of all its duties. 46 V. c. 18, 8. 443. Constables to 443. The constables shall obey all lawful directions, and be subject to be subject to the government of the board, and shall be charged the Board, ^j^j^ ^.j^g special duties of preserving the peace, preventing rob- Duties of con- j^gj.jgg ^^^ ^^j^g^ felonies and misdemeanors, and apprehending 8 abies. offenders ; and shall have generally all the powers and privi- leges, and be liable to all the duties and responsibilities, which belong by law, to constables duly appointed. 46 V. c. 18, s. 444. Kemunera- 444. The council shall appropriate and pay such remunera- tion and con- xj ^ f^j. ^jj^j j-y ^\^q respective members of the force, as may be tingent ex- '■ p enses. Chap. 184. THE MUNICIPAL ACT. Sec. 449. 139 required by the board of commissioners of police, and shall provide and pay for all such offices, watch-honses, watch-boxes arms, accoutrements, clothing and other necessaries as the board may from time to time deem requisite and require for the payment, accommodation and use of the force ; but this section shall not affect or apply to any city in which by the si)ecial Act of incorporation thereof provision is made for the appointment, control and management of the police bv the council. 46 V. c. 18, s. 445. 445. The corndl of erery town not having a board ofConatables in commissioners of police shall, and the council of every inoor- *°^n8 ^nd porated village, may appoint one chief oonstable, and one or ^'""K^^- more constables for the municipality ; and the person so ap- pointed shall liold office during the pleasure of the council 46 V. c. 18, s. 446. was on the of 24th day Dissolntion of consti- ^°*'"<** °f 446. Wliere, in a town, there of March, 1874, a board of commissioners of police, ^uh^mi- ,. tuted under the Acts then in force respecting Municipal Insti- sTonersT" tutions in this Province, the council of the said town may, by towns by-law, dissolve and put an end to the board, and thereafter tlie council shall have and exercise all powers and duties which might, under said Acts, have been had or exercised by the board ; and unless and until so dissolved and put an end to the board shall have and exercise all the powers and duties which, but for this section, would have been exercised or had by the board. 46 V. c. 18, s. 447. 447. The council of every county and township may County and appoint one or more salaried constables for the municipality, *°^°/^>P to hold office during the pleasure of the council; every such '°"'*'"''- constable, and any city, town or village constable shall have the aame powers and privileges and be subject to the same iiabiJit^ and to the performance of the same duties, and ehall Their powers, be subject also to suspension by the Judge of the County Court in the same manner, and may act within the same limits, as a constable appointed by the Court of General Sessions. 47 V c. 32, 8. 23 (1). 448 Where any salaried constable is appointed for any Rights of municipality, whether by the municipal council or by police salaried con- coramissioners, the council may agree that such constable shall f^^^^^ *" keep, for his own use, his fees of office, or t)- council may require that the said fees shall be paid tu the municipal treasurer tor the use of the municipality. 47 V. c. 32, s. 23 (2). f.f'**" "l°u?^®. *"^ P^*"'^^ complains to a chief of police, or Arrests by to a constable in a town or city, of a breach of the peace «"^«*»Me8 for having been committed, and in case such officer has reason to^'^ll . no irjf ' ^ ^"''*''" "/ ?^ ^T""^ ^^ b^^'^ committed, though thr^eacV^ot not in his presence, and that there is good reason to apprehend committed in thair pres- ence. 1 ^i|i« 140 Sec. 449. THE MUNICIPAL ACT. Chap. 184. that the arest of the persons charged with committing the same is necessary to prevent his escape or to prevent a renewal of a breach of the peace, or to prevent immediate violence to person or property, then, if the person complaining gives satisfactory security to the officer that he will without delay appear and prosecute the charge before the Police Magistrate or before the mayor or sitting Justice, such officer may, without warrant, arrest the person charged, in order to his being conveyed as soon as conveniently may be before the Magistrate, mayor or Justice, to be dealt with according to 'aw. 46 V. c. 18, s. 448. Until a board 450. Until the Organization of a board of police, every of police 18 mpyor or Police Magistrate may, within his jurisdiction, sus- inayorretc, pend from office, for any period in his discretion, the chief may suspend constable, or any constable of the town or city, and may if chief consta- j^ chooses, to appoint some other person to the office during such Die, etc., from . , ' . rf i ■< ^ ce j • office, etc. period : and in case he considers the suspended othcer deserving of dismissal, he shall, immediately after suspending him, report the case to the council, and the council may dismiss such officer, or may direct him to be restored to his office after the period of his suspension has expired ; and the city council shall have the like powers as to the high bailiff of Ihe city. 46 V. c. 18, s. 449. Incapacity of 451. During the suspension of such officer he shall . be such officer to capable of acting in his office, except by the written permission ^\' of the ipayor or Police Magistrate who suspended him, nor ceaaZ *° during such suspension shall he be entitled to any salary or re- muneration. 46 V. c. 18, 8. 450. Division X.— Court Houses, Gaols and Places of Imprisonment. Erection and care of. Sec. 452-469, 472-475. Furniture. Sec. 470. Insurable interest of Corporations. Sec. 471. ^ ' Expense of prisoners. Sec. 476. County coun- 453. Every county council may pass by-laws for erecting, oil may pass improving and repairing a court house, gaol, house of correc- count'^ *^ *° tion, and house of industry, upon land being the property of buHdings ; the municipality, and shall preserve and keep the same in re- pair, and provide the food, fuel and other supplies required for the same. 46 V. c. 18, s. 451. And for ac- 453. Every county council may, when a court house is quiriug land j-gquired to be erected within the limits of a city, pass by-laws houtes?n for eni ring upon, taking, using, and acquiring such land as cities, ni''" b'^ ncGC°°ar'" ^r convenient for the purposes of such court house. 46 V. c. 18, s. 452. THE MUNICIPAL ACT. house Sec. 460. (1). 141 ed Chap. 184. COU.Iv'iJ^whiT^T* ''°"'' •^''^ ^°"'" °^ correction of the Gaols and cou..ty m which a town or city, not separated for all pur- conrt-houses poses from a county, is situate, shall also be the gaol, court •"r^"""" inTe'cZpnr'.^-r'''^'^^ '^ '^' *^^" '' cityf and shall e*S,V^*or«epv n the case of such city, continue to be so until the council of "ted- the city otherwise directs; and the sheriff, gaoler and keeper of the gaol and house of correction shall receive and safely l;eep, until dully discharged, all persons committed thereto bv any competent .authority of the town or cit>. 4d V. c. 18 s andnr^v^Hp^iTf °^ any city may erect, preserve, improve City councils and provide for the proper keeping of a court house, gaol '"^y erect, house of correction and house of industrv nnnn inT^^ia k •«*<'•' <=«''*»i» the proper^ of .he .n.ioif.>Z':7%''Z v" w^Sf SS"° ""■ all or any of such purposes. 46 V. c. 18, s. 454. -^ '*^'' ^°^ ^ taii'''f 'inn?,' °T'" ""^ ^W '°"",*y °^*y ««*^^"«»» and. main- Lock-up tain a lock-up house, or lock-up houses, within the county houses Ly and may establish and provide for the salary or fees to be S' ^ ''**''"«^' ?u:d\%fteru^ntyn6 T^c.Ts"45r ''' '''''' ''' '' ''' a .IfnLSrZ ^°'n "P ^°"-' '}f ^' P^^*'^^ i° tbe charge of A constable a constable specially appointed for that purpose by th« magis- *° ^e placed tratesd-Uiejountyat^a General Sessions of the Peace there- " "'"«" days under any by-law of the council; and of persons detained for examination on a charge of having commitL any offeTce and for persons deta ned for transmissbn to any common gaol or house of correction either for trial or in tL execudofof amhSer.'^nr^ r^' "'""'"^ ^'^^" ^^^« ^" ^^e powers and and't^inlTn\TockTp\oTsf%1'^^.T8^.""4'^^^^ '' est ablishjo.t lock-up ate^^f?;™ *^f^'^^V'"°°" °^ ^y^'^ '°"°*y' «^*y 0^ town separ-Landmaybe tl. ■ A ^ '-Ti^ may acquire an estate in landed property ?T'^«d for for an industrial farm, and may establish a house of industrv r'^"'*^' and 'renT ? "'T' ^"/P^'^' ^^ "^^''^^^ ^^ ^^^ erectio^ S^du^sr^! iL„ „ . . ' , ' — r — ' ....,,.. .,.uc ttiiu uiuur servants lor tue superintendence, care and management of such houses of :{il I 142 Chap. 184. THE MUNICIPAL ACT. Sec. 460(1) Proviso as to united or con- tiguous coun ties. Power to conS' pel persoc: sent to induB' trial farms, etc., to work thereon. industry or refuge, and in like manner make rules and regulations (not repugnant to law) for the government of the same. (2) Two or more united counties, or two or more con- tiguous counties, or a city and one or more counties, or a town and one or more counties, may agree to have only one house of industry or refuge for such united or contiguous counties, or city and counties, or town and counties, and maintain and keep up the same in the manner herein provided. (3) The council may provide, by by-law, for requiring such persons as may be sent to such industrial farm or other place, to work on the said farm, or at any work or service for the said municipality, at such times, and for such hours, and at such trade or labour as they may appear to be adapted for respec- tively, and for buying and selling material therefor, and for applying the earnings, or parts thereof, of such persons for their maintenance or the maintenance of the wife or child or wife and children (if any) of such persons or for the general maintenance of the farm or other places as aforesaid, or for aid- ing such persons to reach their friends (if any) or any place to which it may be deemed advisable to send them. 46 V. c. 18, 8. 459. Inspectors to 4^1. The inspector of a house of industry or refuge apf 5««P *"„^yX' pointed as aforesaid, shall keep an account of the charges o orexpenses, erecting, keeping, upholding and mairtaining the house o etc. industry or refuge, and of all materials found and furnished therefor, together with the names of the persons received into the house, as well as those discharged therefrom, and also of the earnings; and such account shall be rendered to the county council every year, or oftener when required by a by- law of the council ; and a copy thereof shall be presented to the Legislature. 46 V. c. 18, o. 460. 463. The council of every city and town may respectively pass by-laws: 1. For erecting and establishing within the city or town, or on such industrial farm, or on any ground held by the corporation for public exhibitions, a workhouse or house of correction, and for regulating the government thereof. 2. For committing and sending, with or without hard labour, to the workhouse or house of correction, or to the industrial farm, house of industry, house of refuge, or house for the poor, aged, and infirm, or lock-up, or to any work or service for the municipality as aforesaid, by the mayor, Police Magistrate, or Justice of the Peace, while having jurisdiction in the municipality, such disorderly persons, ^drunkards, vagrants, indigent persons, and such description of persons as By-laws may be passed establishing workhouses and houses of correction. Who liable to be committed thereto. Sec. 466. THE MUNICIPAL ACT. Chap. 184. 143 are set forth or referred to in section 369 of chapter 48 of 36 v c 48 • the Act* pasaed in the 36th year of Uer Majesty'a reign 309. " " ' ' and as may by the council be deemed, and by by-law be declared, expedient; and such farm, house of correction liouse of industry, house of refuge, or house for the poor aged, or infirm, lock-up house, or ground held as aforesaid! slialJ, tor the purposes in this sub-section mentioned, be deemed to be within the municipality and the jurisdiction thereof. 40 V. c. 18, s. 461, 463 Until separated houses of correction are erected in the several counties in Ontario, the common gaol in each county respectively shall be a house of correction ; and every idle and disorderly person, or rogue and vagabond, and. incorrigible rogue, and any other person by law subject to be committed to a bouse ot correction, shall, unless otherwise provided by law IS *'°"j'?'"''^ ^° *^^ ^*^»»««. etc. agreed upon, or settled by arbitration under this Act. 46 V. c. lo, s. 47 o. (2) In case of arbitration under the preceding provisions of Matter, to be this section, in determining the compensation to be paid for the «°°"dered in care and maintenance of prisoners confined in the eaol the arbi i^*«"°""'^« trators shall, so fer as tfey deem the same just afd reasonaMe rn^"^"*' take into consideration the original cost of the site and erection ot the gaol buildings, and of repairs and insurance, so far as the same ma,y have been borne or sustained by one or other of the municipalities, and shall also take into consideration the cost of maintaining and supporting the prisoners, as well as the salaries at all oflicers and servants connected therewith; but the provi- sions of this subsection shall apply only to the determining ot the compensation to be paid for the care and maintenance of J^v" ff^°°iT ^"^^^q"«°* <^o the first day of January, 1.886. 4T4 In case after the lapse of five years from such compen- When the sation having been so agreed upon or awarded, or having been *'"°"'»* "^ settled by statute, and whether before or after the oassinff of *'°'"Pr"*'°° this Act, it appears reasonable to the Lieutenant Go^verTof in S^^^ touncil, upon the application of either party, that the amount ot the compensation should be reconsidered, he may, by an Order m Council, direct that the then existing arrangement shall cease after a time named in the order, and after such time the councils shall settle anew, by agreement or by arbitration under this Act, the amount to be paid from the time so named in the order. 4t) \'. c. 18, s. 474 10 M if f} K- I 146 Existing lock up houses to continue. Expense of conveying and maintain- ing prisoners, Chap. 184. THE MUNICIPAL ACT. Sec. 475. 415. Nothing herein contained shall aflfect any lock-up house heretofore lawfully established, but the same shall con- tinue to be a lock-up house as if established under this Act. 46 V. c. 18, s. 475. 476 The expense of conveying any prisoner to, and of keeping him in a lock-up house, shall be defrayed in the same ■ manner as the expense of conveying him to and keeping hira in the common gaol of the county. 46 V. c. 18, s. 477. Investigation by county judge of charges of malfeasance by municipal officers. Judges to have powers mentioned in Rev. Stat, c. 17. Fees payable to county judge. Rev. Stat. 0. 44. Division XL— Investigation of Charges of MisooNDacr in RELATION TO MUNICIPAL MATTERS. Investigation of County Judge. Sec. 477. 411 —(1) In case the council of any municipality at any time passes a resolution requesting the Judge of the County Court c :he county in which the municipality is situate to in- vestigate any matter to be mentioned in the resolution and re- latinl to ft supposed malfeasance, breach of trust or otl^r mis- conduct on the part of any member of the council or ofticer of the corporation, or of any person having a contract therewith, in relation to the duties or obligations of the member, otticer, or other person, to the municipality, or in case the council ot any municipality sees fit to cause inquiry to be made into or con- cerning any matter connected with the good government of the municipality, or the conduct of any part of the public business thereof; and if the council at any time passes a resolution re- questing the Judge to make the inquiry, the Judgo shall in- quire into the same, and shall for that purpose have all the powers which may be conferred upon commissioners uider The Act respecting 'inqioiries concerning Puhhc Matters, and the Judge shall, witi. all convenient speed, report to the council the result of the inquiry and the evidence taken thereon. 46 V. c. 18,s..480. (2) The Judge of the County Court, holding such investiga- tion, shall be entitled to receive, and shall be paid by the municipality requesting him to hold the .yivestigation he same fees as he would be entitled to receive if the mattei had been referred to him as a referee under the provisions ot Ihe Judicature Act. 49 V. c. 37, s. 11. Division XIL— When Mayor may call out Posse Comitatus. Mayor may call out posse comitatus. Sec. 478. 418 The mayor of any city or town may call out the posse c^a&ToL comitatus to entbrce the law within his municipality should ^lutr Lia«nP.P« require it. but only under the same circumstances Tn whicii the sheriff of a county may now by law do so. 4b V. c. 18, 8. 481. Part vii. THE MUNICIPAL ACT. PART VII. Chap. 184. 147 POWERS OF MUNICIPAL COUNCILS. TITLE I._IN GENERAL. TITLE II.— AS TO HIGHWAYS AND BRIDGFc? TITLE III._AS TO WORKS pIiD FOR BY LobAL TITLE IV -AS TO RAILWAYS. Div. I Div. II Div. III. Div. IV. Div. V. Div. VI.- Div. VIL- Div. VIIL- Div. IX.- Div. X.- Div. Xi.- TITLE L~POWERS IN GENERAL. .— Of CouNTiBS, Townships, Cities, Towns, and Incorporated Villages. —Op Townships, Cities, Towns, and Incorpor- ated Villages. —Op Townships, Cities and Towns. —Op Counties and Cities. —Of Counties, Cities, and Separated Towns -Of Cities, Towns, and Incorporated Villages —Of Cities and Towns. -Of Townships, Towns and Villages. -Of Towns and Incorporated Villages. -Op Counties only. -Op Townships only. Division L— Powers of Councils op Counties, Townships Cities, Towns, and Incorporated Villages. ' Respecting the oltaining of property. Sec. 479 (1). Appointment of certain officers. Sec. 479 (2 3) .^'^ Harlours, Docks, etc. Sec. 479 (4, 8). ^ ' '' ]' Aid to Agric^atural, etc , Societies. Sec. 479 (9). 1'^ Manufacturing Establishments. Sec. 479 (10) Boad Companies, etc. , Sec. 479 (11). Indigtnt persons and Charities. S«c. 479 (12) Cens^is. Sec. 479(13). ^ '' Driving and Riding. Sec. 479 (14) "^ Drainage. Sec. 479 (15). Mode of Egress from Buildings. Sec. 479 (16). Fines and Penalties. Sec. 479 /'17-19) Ornamental Trees, ^ec. 479(26) ' i^Ml'^^ME * >!«l»Mail|-*T?,WlW*»-,^ ■^^^■ 148 Chap. 184. THE MUNICIPAL ACT. Sec. 479. (1). Bespeding Seizure of Bread of short weight Sec. 479 (21). Acquisition of land for Parks, etc. Sec. 479 (22, 23). Contracts for supply of Gas and Water. Sec. 480. " Discovery of Grimes. Sec. 481. Summary Remedy if By-laws not obeyed. Sec. 482. Compensation for lands taken. 5ecs. 484-488. Powers in relation to Eoads and Bridges. See sec. 550 et seq. 41». The council of every county, township, city, town, and incorporated village may pass by-laws : Obtaining Property. For obtaining 1. For obtaining such real and personal property as may be propertTrea^requiredforthe use of the corporation, and for erecting, im- and perBonal, ^roviuff and maintaining a hall, and any other houses and ^*"- buildings required by and being upon the land of the corpo- ration, and tbr disposing of such property when no longer re- quired ; Appointing certain Officers. Councils may make by-laWB. May appoint certain officers. Koad Surveyors, Road Commissioners, Valuators, May fix fees and securi- ties. 2. For appointing such— Pound-keepers, Fence-viewers, Overseers of Highways, Game Inspectors, and other officers as are necessary in the affairs of the corpo- ration, for carrying into eifect the provisions of any Act ot the Legislature or by-law of the corporation or for the removal of such officers ; but nothing in this Act shall pre- vent any member of a corporation from acting as commissioner, superintendent or overseer, over any road or work under- taken and carried on, in part or in whole at the expense of the municipality; and it shall be lawful for the municipality topavtosuch member of the corporation actmg as such com- missioner, superintendent or overseer ; 49 V . c 45, s. 15 , ov V. c. 29, s. 18. See Cap. 210, s. 5. 3 For regulating the remuneration, fees, charges and dut'ies of such officers, and the securities to be given for the perform- ance of such duties ; See sec. 278. Harbours, Locks, etc. Cleanliness of 4. For regulating or perventing the encumbering, i"J":i"g; wharves, _- fouliiiff, bv animals, vehicles, vessels or other means, ot anj public whart; dock, slip, drain, sewer, shore, bay, harbour, river or water ; docks, etc. Sec. 479 (9). THE MUNICIPAL ACT. Chap. 184. 149 Removal of door steps, etc., obstruct- ing wharves, etc. Making, etc., of ivharvea, docks, etc. Regulating harbors, beacons, wharves, ele- vators, etc. Vessels, etc. Harbor dues. Granting aid by way of bonus to har- bors, etc. 0. For directing the removal of door steps, porches, railings or other erections, or obstructions projecting into or over any wharf, dock, slip, drain, sewer, bay, harbour, river or water, or the banks or shores thereof, at the expense of the proprietor or occupant of the property connected with which such projections are round ; ^ '' , 6. For making, opening, preserving, altering, improving and maintaining public wharves, docks, slips, shores, bays, harbours, rivers, or waters and the banks thereof; 7. For regulating harbours ; for preventing the filling up or encumbering thereof; for erecting and maintaining the neces- sary beacons, and for erecting and renting wharves, piers and docks therein, and also floating elevators, derricks, cranes and other machinery suitable for loading, disc' urging or repairing vessels ; for regulating the vessels, crafts . .d rafts arriving in any harbour ; and for imposing and collecting such reasonable harbour dues thereon as may serve to keep the harbour in good order, and to pay a harbour master ; 8. For granting aid by way of bonus, for or towards the construction of harbours, wharves, docks, slips, and necessary beacons on any river, lake, or navigable water passing in through, or forming any part of the boundary of a cJunty whether such bonus be given by such county or by a city town, township, or incorporated village situated therein and to pay such bonus either in one sum, or in annual or other periodi- cal payments, with or without interest, and subject to such terms, conditions and restrictions as the municipality may deem (a) No such by-law shall be passed until the assent of the Assent of electors has been obtained in conformity with the ^^^^^o" ne- provisions of this Act in respect of by-laws for'''"""^- creating debts ; (I) Any municipality granting such aid may take and Security may receive of and from such person or body corpor- "^^ taken, ate, receiving any such aid, security for the com- pliance with the terms and conditions upon which such aid is given. Aiding Agricultural and other Societies. J\ IZ f''*°*!"g money or land in aid of the Agricultural Granting aid and Arts Association of Ontario, or of any duly organized *° *g"<^"lt»- Agricultural or Horticultural Society in Ontario, or of any in. ■"'^^ «°'^*^*'^«- nJTri ^"°^^"j««' I'?«tit"te or free library, established under The Free Libraries Act, within the municipality, or Rev Stat c within any adjoining municipality. 45 T. c. 18, s. 482 (1-9) • S '*" "• 50 V, c. 29, s. 19. See also Cap. 39, s. 81 (1). ' 150 Granting aid by way of boE.ua to man- ufactures. Chap. 184. Assent of electors ne- nessary. Persons in- terested in company not to vote on by law aiding same. Security may be taken. THE MUNICIPAL ACT. Sec. 479 (10). Aiding Manufacturing Establishments. 10 For granting aid by way of bonus for the promotion of manufactures within its limits, by granting such sum or sums of money to such person or body corporate, and in respect ot such branch of industry as the said municipahty may deter- mine upon ; and to pay such sum, either in one sum or in annual or other periodical payments, with or without interest, and subject to such terms, conditions and restrictions as the said municipality may deem expedient ; (a) No such by-law shall be passed until the assent of the electors has been obtained, in conformity with the provisions of this Act in respect of by-laws for creating debts. See sec. 320. (h) No property owner or lessee interested in, or ^^o^ding shares or stock in, any company shall be qualihed to vote on a by-law for the purpose of granting a bonus to the company in which he is so interested as aforesaid. (c) Any municipality granting such aid, may take and re- ceive security for the compliance with the terms and conditions upon which such aid is given. (See section 366 as to exempting manufacturing establishments from taxation.) Aiding Road Companies, etc. Aid for roads, 11. For taking stock in or lending money, or granting , ., . bonuses to any incorporated company, m respect ot any roao, bridge or harbour, within or near the municipality, under and subiect to the respective statutes in that behalf, or for granting aid by way of bonus to any incorporated road or bridge com- pany ; (a) No such by-law granting such aid by way of bonus shall be passed until the assent of the electors ■ has been obtained in conformity with the pro- visions of this Act in respect of by-laws for creating debts. Aiding Indigent Persons and Charities. Aimngmm- 12. For aiding in maintaining any indigent person belong- gent persons jng to or found in the municipality, at any workhouse, hos- and charities, -"^j ^^ institution for the insane, deaf and dumb, blind or other public institution of a like character; or for granting aid to any charitable institution or out-of-door relief to the resident poor ; See sec. 604 (11). bridges and harbours Assent of electors necessary. Aiding indi- Sec. 479. (18). THE MUNICIPAL ACT. Census. Chap. 184. 161 13. For taking a census of the inhabitants, or of the resi- Local census, dent male treeholders and householders in the municipality; Brivinc) or Riding on Roads and bridges. 14. For regulating the driving and riding of horses and To regulate other cattle on the highways and public bridges, and for preventing '^"V"^ on racing, immoderate or dangerous driving or riding thereon ; bridges Drainage. 15. For opening, making, preserving, improving, repairing, Opening or widening, altering, diverting, stopping up and pulling down f'>W^^ «P drams sewers or water-courses, within the jurisdiction of thetX council, and for entering upon and breaking ud, taking or using courses, etc. any land in any way necessary or convenient for the said pur- poses, subject to the restrictions in this Act contained; 46 V. c. 18, s. 482 (10-15). Egress from buildings. 16. For regulating the size and number of doors in churches. Doors, etc., of theatres, halls, or other buildings used for places of wor- P"''^i° ^uild- ship, public meetings or places of amusement, an^ the street '"^'' gates leading thereto ; and also the size and number of doors halls, stairs and other means of egress from all hospitals! schools, colleges and other buildings of a like nature, and also the structure of stairs and stair-railings in all such buildings • and the strength of the walls, beams and joists and their sup- ^^''u^l ^?j- compelling the production of the plans of all such buildings for inspection and for enforcing observance of such regulations. 60 V. c. 29, s. 20. Fines and Penalies. (See also sees. 420-423.^ • ^Df*^*" ^,"^'.°'^°S reasonable fines and penalties not exceed- Fines and ing $50 exclusive of costs, — penalties. (a) Upon any person for the non-performance of his duties Fornegiect of who has been elected or appointed to any office ?"*y' °^ ^^• m the corporation, and who neglects or refuses offici*°'"'°^^* to accept such office, unless good cause is shewn therefor, or to take the declaration of office, and afterwards neglects the duties thereof; and (b) For breach of any of the by-laws of the corporation. ^" '"■<^a°h of 18. For COlleCtinC Simh nAnnhioo am^ /%«n*„ U- J:_x , j Collentinff sale of the goods and chattels of the offender ; Lto Hi- f 162 Imprison- ment, when allowed and time of Chap. 184. THE MUNICIPAL ACT. Sec.479 (19). Regulations as to trees, shrubs, etc., in public places. Light weight and short measure. Acquiring land for parks, etc, 19. For inflicting reasonable punishment, by imprisonment with or without hard labour, either in a lock-up house in some town or village in the township, or in the county-gaol or house of correction, for any period not exceeding twenty-one days, for breach of any of the by-laws of the council, in case of non-payment of the fine inflicted for any such breach, and there being no distress found out of which such fine can be levied : except for breach of any by-law in cities, and of any by-law lor the suppression of houses of ill-fame in any municipality, in which cases the imprisonment may be for any period not exceeding six months, with or without hard labour in case of the non-payment of the costs and fines inflicted, and there being no sufficient distress as aforesaid; 46 V. c. 18, 8. 482 (18-20). Ornamental Trees. 20. For causing any tree, shrub or sapling, growing or planted on any public place, square, highway, street, lane, alley or other communication under its control, to be removed, if and when such removal is deemed necessary for any purpose of public improvement; but no such tree, shrub or sapling shall be so removed until after one month's notice thereof is given to the owner of the adjoining property, and he is recompensed for his trouble in planting and protecting the same ; nor shall such owner, or any pathmaster or other public officer, or any other person, remove or cut down or injure such tree, shrub, or sap- ling, on pretence of improving the public place, square, high- way, street, road, lane, alley or other communication or other- wise, without the express permission of the municipal council having the control of the public place, square, highway, street, road, lane, alley, or other communication ; and any council may expend money in planting and preserving shade and ornamen- tal trees upon any public place, square, highway, street, road, lane, alley or other communication within the municipality, and may grant sums of money to any person or association of persons to be expended for the same purposes. 46 V. c. 18, s. 482 (22). Seizing Bread, etc. 21. For seizing and forfeiting bread or other articles when of light weight or short measurement. 46 V. c. 18, s. 482 (24). See also sees. 489 (52) ; 503 (9). Acquiring land for Parks, etc. 22. For entering upon, taking and using and acquiring so much real property as may be required for the use of the corporation, for public parks, squares, boulevards, and drives in the municipality and adjoining local municipalities, without the consent of the owners of such real property, making due compensation therefor to the parties entitled thereto, to be determined under the provisions of this Act, by arbitration, where the parties do not agree. Sec. 480 (4). THE MUNICIPAL ACT. Chap. 184. 153 ,.riff« lo 7 '^ case in Which any municipality ahall expro- Provisions pnate lands in an adjoining municipality, the municipality ^^"e land so expropriating such lands shall put the same in an efficient ^'^P'"?"**^*^ state to be used as, and open the same to the general pubHc oh^n^g mtni- for the purposes of such public purks, squares, boulevards W^lity- and drives withm a reasonable time after such expropriation and shall maintain and keep the same in an efficient state of repair; and shall provide and maintain such police protection tor such public parks, squares and drives as.shall be necessary or the safety of the public frequenting and using the same and 50 vT 29*8 21 '^ ^'^•''''" *^'^ ^^""^^ 80 expropriated. GAS AND WATKK. 480.-(l) Every municipal council shall have power to con- Council may tract with any water-works or water company for a supply of '=°'>*«-act ^th water within the municipality for fire purposes and other sTK/""^ pubhc uses from hydrants or otherwise as may be deemed wTt^^r" °' advisable and tor the renting of such hydrants for any number of years not, in the first instance, exceeding ten, and fbr renew- ing such contract from time to time for such period, not exceeding ten years, as the council may desire, and every council shal also have power to purchase hydrants necessary tor any of the purposes or uses aforesaid, and also to erect the same ,• and to purchase or rent fbr a term of years or other- wise, fire apparatus of any kind, and fire appliances and appur- tenances belonging thereto respectively. 46 V. c. 18 s. 483. (2) Subject to the provisions of this Act, or any special Act Powers in re- so tar as the same may be applicable, the powers of a raunici- ^P'"'* <»^ %h*- pal corporation for lighting t le municipality, or for construct- slSuTf" r/ouTT"^'' whether by this or by any special Act, shall ga??^' include the powers conferred on gas companies by sections 54 ana bb ot The Act respeeting Joint Stocfc Companies for sup-Rev. St^t c P^ni/ Cztus Towns, and Villages with Gas and Water. 42164. V . c. ^o, s. 3. (3) Where any municipal corporation has constructed any gas or water works for supplying the municipality with gas or water, and where there is a sufficient supply thereof it s^iall be the duty of the corporation to supply with gas' or water all buildings within the municipality situate upon land ying along the line of any supply pipe of the said corporation, upon the same being requested by the owner, occupant, or other person in charge of such building. (4) The corporation Lefore supplying gas or water to anvn bn,d,ug or ^ a condition to iL"^ LLli.g toTfffyTe^^T^Z same, may require any consumer to give reasona^-'fl security «^°""ty ^om lor tue payment of tho. nrnn^r nharrroa ^f fi.p , .„ ..i. _. <■ consumer. or tor carrying the gas or water into such building. Municipal corporation constructing works to supply with gas or water buildings on line of supply on request. 0, ■ m .■.ijii-.--v'-».*C^i!:.;^W'>' 154 Chap. 184. THE MUNICIPAL ACT. Sec. 482 (6). Liability for (5) Nothing in the preceding two sub-sections contained shall failure of sup- be construed in any way to affect the liability of any corpora- ^ff'*t°^°*'* tion in respect of damages on account of any failure of supply ** ^° * ■ through mischance, accident or mismanagement, but the position of the corporation in respect thereto shall remain as if such two sub-sections had not been enacted. 47 V. c. 26, ss. 1, 3, 4. DISCOVERY OF CRIMES. Rewards for 481. The Council of any municipality in which a flagrant .apprehension gj-jme jg believed to have been committed, may offer and pay a of criminals, ^.^^^^.j ^^^ ^^e discovery, apprehension, or conviction of the criminal, or of any person who is suspected to be the criminal. 46 V. c. 18, 8. 484. SUMMARY REMEDY IF BY-LAWS NOT OBEYED. Mode of com- pelling per- formance of matters di- rected to be done by coun- cil, etc. Owners of lands taken by corpora- tion, etc., to be compen- sated. 483. Whenever any municipal council has any authority to direct, by by-law or otherwise, that any matter or thing should be done by any person or corporation, such council may also, by the same or another by-law, direct that in default of its being done by the person, such matter or thing shall be done at the expense of the person in default, and may recover the ex- pense thereof with costs by action or distress ; and, in case of non-payment thereof, the same shall be recovered in like manner as municipal taxes. 46 V. c. 18, s. 485. COMPENSATION FOR LANDS TAKEN OR INJURED. 483. Every council shall make to the owners or occupiers of, or other persons interested in, real property entered upon, taken or used by the corporation in the exercise of any of its powers, or injuriously affected by the exercise of its powers, due compen- sation for any damages (including cost of fencing when required) necessarily resulting from the exercises of such powers, beyond any advantage which the claimant may derive from the contem- plated work ; and any claim for such compensation, if not mutually agreed upon, shall be determined by arbitration under this Act. 46 V. c. 18, s. 486. See sec. 385 et seq. Differences to be determined fly arbitra- tion. How title ac- 484.— (1) In the case of real property which a council has •luired to land authority under this Act to enter upon, take or use, without by'^or^pra the owner's consent, corporations, tenants in tail or for life, tions, tenants guardians, committees, and trustees, shall, on behalf of them- in tail, vested ggiygg their successors and heirs respectively, and on behalf of m^trustees, ^^^^^ -^^^^ represent, whether infants, issue unborn, lunatics, idiots, married women or others, have power to act, as well in reference to any arbitration, notice and action under this Act, as in contracting for and conveying to the council any such „„-i __-yx«««.«^ ny ir. arrrooipf »<* to t.Hft ftmount of damaffcs aris- ing from the exercise by the council of any power in respect thereof. Sec. 487 (3). THE MUNICIPAL ACT. Chap. 184. 155 (2) In case there is no such person who can so act in respect If there be no such real property, or in case any person interested in respect P«^?ywh^cL" to any such real property is absent from this Province or is """""^y' ^'*'- ^nnT^' 7 Z 'r T^'! '''i^''''^ '' ""known, or he himself cannot be found, the Judge of the County Court for the county in which such property is situate may, on the application of the council appoint a person to act in respect to the same for all or any of the said purposes. 46 V. c. 18, s. 487. absthfte Jlf^'nT P'''"" *'*'?« ^' ^^""'''^'"^ ^^' not the Application, absolute estate in the property, the council shall pay to him «*°- °f P""- the interest only at six per centum per annum on the amount 1*""°^^ nrind/arto"J"P-f/'.r^ P^^P^"^' ^'^^ «^^" reta^XiTot^^ principal to be paid to the person entitled to it whenever he ''^«°'"*« ««■ cJaims the same and executes a valid acquittance therefor *"*' 'V^' unless the High Court, or other Court hiving ^ur Son '"'"''• m sucn cases, in the meantin^e directs the council to pay he same to any person or into Court; and the council shall not be bound to see to the application of any interest so paid, or of any sum paid under the direction of such Court. 46 v! c. 18 S. 488. ' rJ^^' ^"/"7 agreed upon, or awarded in respect of such Purchase Ju- ^PfuP®^ ^' ^^*" ^® ^"^J^°* *° *^e limitations and charges to """"^y «"•" which the property was subject. 46 V. c. 18, s. 489. char e in S'llt \-n^°*iT'*^'*^''^T^ '"'^ '?^ '^' provisions contained TenTetof n tnis Act, m all cases where claims are made for compensa- "ompensa- tion for damages by the o-ners or occupiers of, or other per-*'°°- sons interested in lands entered upon, taken or used bv the.'?"' ''"'^' :SeT'rv '' r "*^' ^ ^"•^^•^^ '^ ^-« beenTn^uriUh^l^SdW aflected by such corporation in the exercise of any of its^'*^- STh/"l '^" T"' 1'^' corporation not being able to agre with the claimant or claimants on the amount of compensation to be made, and the amount claimed does not exceed « 1000 the same shall be settled and determined by the award of th Judge of the county within which the city is situate, (s tt L as sole arbitrator,) or at the option of either par?y\ysuch other sole arbitrator as the said Judge on application^made by fo'U;7X'^^ "'^'^ "°'" '' ''' other^p^arty,may appoint (2) Either party shall be entitled to at least seven davs* wLrofThri' '' *'/ '\'' *^^ ^«^^-« '' *he noTce^ofYhe ZL ? '' r?^ *" ^^^" *" arbitration, and seven days' fo^Zi A 7''' '^•'^' °'^^''' ^^^" ^« gi^«n of any application to the Judge to appoint any sole arbitrator as aforesaid (3) The fees to be paid to the arbitrator shall be the same as those payable to rAffirooa „n,i«^ *v, .•-•._. -^c tue aame as m ; I If ! 156 Sec. 488. THE MUNICIPAL ACT. Chap. 184. Reference of 488. The council of any municipality in all cases where oUimBfor claims for compensation or damages are made against them in'^e^MoS" which under the provisions of this or any other Act, are lands declared to be the subject of arbitration in the event ot the parties not being able to agree, may tender to any person making such claim, such amount as they may consider proper compensation for the damage sustained or lands taken, and in the event of the ncn-acceptance by the claimant or claimants of the amount so tendered, and the arbitration being pro- ceeded with, and if an award is obtained for an amount not greater than the amount so tendered, the costs of the arbitra- tion and award shall, unless otherwise directed by the arbitra- tor, be awarded to the corporation and set off against any amount which shall have been awarded against them. 49 V. c. 37, 8. 42. Division II.— Powers of Cocnoils of Townships, Cities, ToWN^, AND InOOKPOBATKD VILLAGES. Respecting Polling Subdivisions. Sec. 489 (1). " Disqtiatification of Electors for non-paymnet of Taxes. Sec, 489 (2). « Water and Water WcAs. Sec. 489 (3, 4). " Reduction of Sinking Fund. Sec. 489 (5). " Billiard or Bagatelle Tables. Sec. 489 (6). «' Victualling Iloiises, etc. Sec. 489 (7, 8). " Licensing Transient Traders. Sec. 489 (9). " Schools. Sec. 4^9 (10). " Cemeteries, ^ec. 489 (11, 12). " Graves. Sec. 489 (13). " Cruelty to Animals. Sec. 489 (14). « Dogs. Sec. 489 (15, 16). « Fences. Sec. 489 (17). " Division Fences. Sec. 489 (18, 19). " Snoio Fenses. Sec. 489 (20). " Water-courses. Sec. 489 (21). Weeds, ^ec. 489(22). Filth in Streets. Sec. 489 (23). Burning Stumps., Brush, etc. Sec. 489 (24). Exhibitions, Shows, etc. Sec. 489 (25, 26). Trees. Sec. 489 (27). Injury to property and notices. Sec. 489 (28, 29). 6' as and Water Companies. Sec. 489 (30, 31). Giving Intoxicating Liquors to Minors, etc. Sec. 489 (32). Public Morals. Sec. 489 (33-40). JVuisances. Sec. 489 (41-46;. Seweraqe and Drainage. Sec. 489 (47-49). Inspection of Meat, Milk, etc. Sec. 489 (50-53). (( w Sec. 489. (1). THE MUNICIPAL ACT. Chap. 184. 157 Bespecting Licensing Milk Dealers. See. 489 (54). "^ Contagious Distases. Sec. 489 (55). Establishment of Boundaries. Sees. 4S9 (56) 491. Acquisition of Land outside the limits ' Sec 489 (57). " Weighing Machines. Sec. 489 (58). ' Pounds. Sec. 490. " Eoitension of Sewers. Sees. 492. Lock-up Houses. Sees. 458, 459. Tavern and Shop Licenses. See Cap. 194, nJ^^\'^A^^^^''''''''''^ ''^" ^'''"'y tO^^nship, city, town or in- By-laws may corporated village may pass by-laws— be made ^r- Polling Subdivisiom. snph t^wnl''-''^'"^ -''^ "^^'^^ ''^/''t ^'^^ ''' '"^^"^ «•• ^"' dividing Dividing city such township or incorporated village into two or more con- o-- town in J yenient polling subdivisions, and for establishing polling places 7'/?' •^*''- and such polling subdivisions shall be made or varied when- 1"^** into ever the electors in any ward, township, village or polling sub §?"^°8 «"''• division exceed 200, and shall be maJe and varLfin s^uch a^™"""' ^*^- manner that the number of electors in any polling subdivision shall not exceed at any time 200; (a) Where a municipality is divided into polling subdivi- Polling sub- sions, tbe same polling subdivisions shall be used *^'^«'°°» *» ^'« ^ Asiemblv ant for" "^ '^'^''^rf ^^'' ^^egiBlative^fcrr^^ Assembly and tor municipal elections; and the Legislative polling subdivisions for elections to the Legislative -^^'^^^'y^d Assembly and municipal elections shall hereafter Si^ be made the same in all cases, except that the mu- Ad * n^, nic.pai council of every city, town or incorporated vTSons village, may by by-law unite, for the purpose of'"''y''«"°»t«d mumcipal elections, any two adjoining polling sub- Sctionr"' divisions. 46 V. C. 18, S. 490 (1). eiectiona. (b) Where a polling place has been fixed by by-law for the holding ot any election, or the taking of any vote in any city, town or village, and it is afterwards found that the building named as such pollinir place cannot be obtained, or is unsuitable for the purpose, the clerk of the municinality shall have the power to choose in lieu thereof as a polliug place the nearest available building suitable for the purpose, and shall post up and keep posted up a notice on the building fixed by the by-law, and in two other conspicuous places near by, directing the voters to the place chosen as aforesaid. 50 VT If I 158 Ohap. 184. THE MUNICIPAL ACT. Sec. 489 (2). Disqualification of Electors not paying Taxt». Constructing water- works. llev. Stat. c. 192, Reduction of sinking fund. Diwiualifying 2. For disqualifying any elector from voting at municipal electors in ar- gigg^jQ^g ^^o has not paid all municipal taxes due by him on rear for uxes.^^ before tho 14th day of December next preceding the elec- tion ; 46 V. c. 18, 8. 490 (2). See alto sec. 251. Water and Waterworks, 8. For constructing, building, purchasing, improving, extend- ing, holding, maintaining, managing and conducting water- works and all buildings, materials, machinery and appurtenances thereto belonging in the municipality and in the neighbour- hood thereof, subject to the urovisions contained in The Muni- cipal Water-works Act; 46 V, c. 18, s. 496 (2). 4. For compelling the use of water, supplied by the water- works of the city, town, township or village, tor drinking and domestic purposes within certain areas to be defined by by-law, and for prohibiting tlie use of spring or well water within such areas for such purpose. 49 V. c. 37, s. 38 (1) ; 60 V. c. 29, 8. 48. Reduction of Sinking Fund. 5. For authorizing the reduction of the annual sinking fund rate or amount required to be collected under local improve- ment by-laws passed by the council prior to the Act passed in the 42nd year of the reign of Her Majesty, chaptered 31, and for making allowance for the interest accrued from the invest- ment of the amounts of sinking fund heretofore collected under sucn by-laws ; provided always that in settling the sum to be raised annually for the remaining years which any such by-law has to run for the payment of the debt, in lieu ot the sinking fund rate, fixed by the original by-law, the rate of interest on future investments shall not be estimated at more than five per cent, per annum, to be capitalized yearly; provided also that no by-law reducing the sinking fund rates, fixed by any such local improvement by-law, shall become valid or efi"ectual until the same shall have been assented to by the Lieutenant-Governor in Council. 49 V. c. 37, s. 38 (2) ; 50 V. c. 29, ^. 48. Billiard or Bagatelle Tables. 6 For licensing, regulating . and governing all persons who for hire or gain, directly or indirectly, keep, or have in their possession, or on their premises, any billiard or bagatelle table, or who keep or have a billiard or bagatelle table m a house or place of public entertainment or resort, whether such billiard or bagatelle table is used or not, and for fixing the sum to be ^^\A frsr. o i;^«nsft sn to bavB or keep such billiard or bagatelle table, and the time such license shall be in torce ; Licensing and regulating the use of billiard and bagatelle tables . Sec. 489. (7). THE MUNICIPAL ACT. Victualling Hcmaea, etc. Ohap. 184. 159 \.1'J jP'^i^g the number of and regulating victualling VictuaUing houses, ord-narieB, and houses where fruit, oysters clams of ''°"''°«'«t«- victuas are sold to be eaten therein, and auCer' 0^ for r ""}''; *"^ reception, refreshment or entertainment of the pubHc • ^ ^°''-«"^''*- o^- 8. J? or licensing the same when no other provision exists n therefor, and for fixing the rates of such licensees not exceeding f'rr ?a"i. Licensing Transient Traders. 9. For licensing, regulating and governing transient traders h , .• incorporated village, or township, for temporary periods, and*^-»«». roll in respect of income or personal property for the then cleSirr' "^"^ t° may offer goods or mercLndise of an"- description for sale by auction, or in any other manner con- ducted by themselves or by a licensed auctioneer or otherwise • the stock of an insolvent estate which is being sold or disposed of within the county in which the insolvent carried on Sness he e7ecut,'.n*V '''"' '^ '^' ^^^"^ '^ ^ ^"* '^ attachment or of tne execution of an assignment ; Schools. the^ere^c?[on^of nuflfo'« r\ T"^'"'^ I' "^'^ ^' ''^^^''^ for Acouiring nnhlin ^.i. 1 P ''^°°J ^''''^^^ *l^^''eo"' a"d for other '^°>^« forW public school purposes, and fur the disposal thereof when Z^'"'^"'^'' upfort'o7nubl1; ".' " P'l'''^^ ''''''' establishment and ' support ot public schools according to law; Cemeteries. 11. For accepting or purchasing land for public cemP a ■ S "nv" it'^'r " "'^^^"^ '^« municipal but not'llnir^r ^vithm any city, town, or incorporated villaee excent J cemeteries, hereinafter provided, and for laying out, impro4' and^*'^ ch3"L :„;r'' '"* "^ ^^^^ ^^'" be'acc"?ted of pur exp ess ttms ?h«. TT'a •"'"?* ^^ " ^^-law declaring^ in eTv andTor nn ^^ ^"^ '' appropriated for a public cfme- tery, and for no other purpose ; and thereupon such land nJ7h'a,rc ase"\o*b' '""^f P^^^ «^-" becom'e part7hereof>rov.o. , m.ri. K 1 / *° ^^ * P*'"' °^ *^« municipality to which it for t^u tleslrfnv'h'"^- '"'^ ^^-\''' «^^" °° 'l>« r^epeafed and the • fer thereof ""/.t^^^'^S.gro^^d may agree for the sale or trans! ■£r^,:CKr4'--:.< ■ i^^ ^- 't 160 SelHnc por- tion of such land for cer- tain purposes. Chap. 184. THE MUNICIPAL ACT. Sec. 489 (11 a). (a) For selling or leasing portions of such land for the pur- of interment, in family vaults or otherwise, pose and for declaring in the conveyance the terms on which such portion shall be held; 46 V. c.'lS, s. 490 (2-9). (b) Provided, however, that the municipal council of an incorporated village may pass a by-law for accepting or purchasing land for a public cemetery within the territorial limits of the village upon the by-law being first approved of by the Local Board of Health, and ratified by the Provincial Board of Health : and the by-law shall thereupon be as valid and effectual as if the land were situated without the municipality ; (c) All expenses incurred by the Provincial Board of Health, in respect of and incidental to the by-law, and whether the by-law be ratified by the board or not, shall be paid by the village municip' lity to the secretary of the board. 50 V. c. 29, s. 23. See Caps. 175, 176. Enlargement of Cemeteries. 12 For the acquiring and expropriation of lands to be used paTb" -'C'for enlarging any existing public cemetery or burying ground, for taking but no expropriation of any land within the limits ot a city **'"^^- shall be authorized, and as to any such enlargement m a village or town the consent of the Provincial Board of Health shall be first obtained; Reference to (a) In case the owner of the land required refuses to sell arbitration. the Same, or refuses to take the price the council ot the municipality is willing to pay, then in either of such cases the matter in dispute shall be referred to arbitration, and shall be proceeded with under the provisions of this Act, respecting arbitrations, as to )ensation for lands taken. coi (h) The arbitrators shall decide whether it is necessaay m the public interests that the lands should be expro- priated for the aforesaid purposes or any of them, and if so decided they shall award as to the price to be paid to the owner of said lands, but the costs shall be in the discretion of the arbitrators ; (c) If the arbitrators award that the lands shall be taken for such cemetery or burying ground, one copy of the award shall be deposited with the registrar of the county or city, as the case may be, in which the lauds are situate, and shall be a valid tit^c to the said lands. Sec. 489^(18). the municipal act. Chap. 184. 161 (d) ^°^^;^«J« "Sed as h^^^^^^^ or gar- Certain lands den, nor any lands within two hundred yards of °°t *» be any dwelling-house, shall be expropriated without ^^^h'' '^°'PJ thejonsent of the owner or owners of such dwelling- ^'I'^^r' (e) The award shall be in writing, and the boundaries of Boundaries to the lands or premises taken shall be fully described be described therein. •' jn award. (7) All the provisions of sub-sections 11 and 13 of this arbe leeovered in U ol"?,e ' „n'^f """""t ■"" °°" """'• no. otherwise provided for n,aVL reSv ^eTrnL'tfirlct" municipality r ' ^^ ''"'''' °^"^' ^-""tmue applicable Ho the until bylaws ^^ Rev. Stat. cc. 219, 220. - jj^'^'.^iT-fHrS-^tSfi-^r^^ 162 Chap. 184. THE MUNICIPAL ACT. Sec. *489 (19). ilN: Barbed wire 19. For providing proper and sufficient protection against fencea. injury to persons or animals by fences constructed wholly or in part of barbed wire or any other material ; Snow Fences. Snow fences. 20 For requiring owners or occupiers of lands bordering upon any public highway, to take down, altei- or remove any Eev. Stat. c. fence or fences, subject to tlie provisions ot The Act respecting ^^^- Snow Fences. See sec. 511 (3). Water-courses. 21 For compelling the owners of lands through which any open drain or water-course passes to erect and keep up water gates where fences cross such drain or water-course, and tor ■ preventing persons obstructing any drain or water-course ; Weeds. Prevention of 22. For preventing the growth of Canada thistles and other ^owthof weeds detrimental to husbandry, and compelling the destruc- thistlea and ^j^j^ thereof • for the appointment of an inspector with power ^^'^^' to enforce the provisions of such by-law ; for regulating his duties, and determining tlie amount of remuneration, lees or charges he is to raceive for the performance ot such duties. See also Cap 202. Filth in Streets. Water- courses. Preventing throwing of dirt, etc., in streets, etc^ Regulating the burning of stumps, trees, brush, etc. Regulating public shows and licensing same. Fines for infraction. 23 For preventing persons from throwing any dirt, iilth, carcasses of animals, or rubbish, on any street, road, lane, or highway ; , , Burning Stumps, Brush., etc. 24 For regulating the times during which stumps, wood, loc^s, 'trees, brush, stra^, shaving, or refuse, may be set on hre orVurned in the open air, and for prescribing precautions to be observed during such times, and for preventing such fires being kindled at other times. 46 V. c. 18, s. 490 (10-21). See Cap. 213 Exhibitions, Places of Amusement, etc. 25. For preventing or regulating and licenser- exhibitions of wax work, menageries, cireus-riding, and other such like shows usually exhibited by showmen and for regulating and licensing roller skating rinks and other places ot like amuse- ment; and for requiring the payment of license fees for au- thorizing the same, not exceeding $500 for every such license, and for imposing fines on such persons intringing such by- laws : and for levying the same by distress and sale ot tlie goods and chattels of such showman or be onging to or used in such exhibition, whether owned by such sliowman or not or for the Imprisonment of sucu odenders lor any ic-rm not exceeding one month. •■t; Sec. 489 (31). the municipal act. Chap. 184. 163 o^f^ ♦" 1' ^.r^*"® commissioners of police in anv*" begrante, granted corporation, or the comi^on ^s o7 poL'Tn'r city, to ^rant licenses or license certiCtes o n'/fo-ertain sons having exhibitions of any work or * {-- ^'' *"'' riding, or other shows of a like chZotPr n '"'r^'^^'^''- Trees. Injuria to Property ami Notices. Gas and Water Companies. lay down qi p . . pipes, etc. com^anJU^d^riualteJ^^^ to, snch ,.,,, 3,,, electors, 'as L're^nbefore provided in «n'E''"''^ /" ^^ ^h^--- " any corporation holding s?ock in s'ni.n^ ''^'^ ^\^ ^^^^ of"^'"^""' of $10,000 shall be "l«S . H^ ?'°P^"^;to the amount Head of cor- aHH,-fin„ *. *i:: A,'^^' ff "i'^^^^^^.a director of the nomnan^ ,-„ poration tobe a !..., ,.„. ^^^.^^^,J. aireetors thereof, and shnll »Jo«T~^T--ii "> director in to vote on such stock at any election ordirectors "^ be entitled certain easel to 164 Sale of intoxi< eating drink to children, etc. Indecent pla- cards, etc. Vice, drunk- ennens, etc. Lewdness, Gaming. BAcing. Vagrants. Chap. 184. THE MUNICIPAL ACT. Sec. 489 (32). Oiving Intoxicating Liquors to Minors, etc. 32 For preventing the sale or gift of intoxicating drink to a child, apprentice or servant, without the consent of a parent, master or legal protector ; Public Morals. ^ 33 For preventing the posting of indecent placards, writ- ings or pictures, or the writing of indecent words, or the mak- ing of indecent pictures or drawings, on walls or fences m streets or public places ; 34 For preventing vice, drunkenness, profane swearing, obscene, blasphemous or grossly insulting language, and other immorality and indecency ; 35. For suppressing disorderly houses and houses of ill- fame; 36 For suppressing gambling bouses, and for seizing and destroying faro-banks, rcmge et noir, roulette tables, and other devices for gambling found therein ; Indecent ex- posure. Batlnng. 37. For preventing hor^e racing ; 38 For restraining and punishing vagrants, mendicants, and persons found drunk or disorderly in any street, highway or public place ; 39, For preventing indecent public exposure of the person and other indecent exhibitions ; 40 For preventing or regulating tne bathing or washing the person in any public water in or near the municipality ; 46 Y. c. 18, 6. 490 (23-31, 33-37). ^tdsances. 41. For preventing and abating public nuisances ; 42, For establishing, protecting, regulating and cleansing public and private wells, reservoirs and other public and pri- vate conveniences for the supply of water, and for closing public and private wells; for preventing the fouling ot the same and the wasting of water therein or theretrom ; tor iro- curing an analysis of such water, and providing tor the payment of the expense thereof, and for making reasonable charges for the use of public water ; rio«in^ and 43, For compelling the owners, lessees and occupants of real Sngup^ess. property within any defined area to fill up or close any wells, pools, etc, water-closets, privies, privy-vaults, or cesspools the continuance of which may," in the judgment of the council, be dangerous to health ; Nuisances. • By-laws for cleansing wells, etc. Sec. 489 64). THE MUNICIPAL ACT. Chap. 184 165 Slaughter- houses, Gas- works, dis- tilleries, etc. Limits in which animals may be kept. Ringing of bells, etc. Construction of cellars, drains, etc. Filling up, draining, etc., grounds, yards, etc. Regulations for sewerage, etc. 44. For preventing or regulating the erection or continnance ot Blanghter houses, gas works, tanneries, distilleries or other manufactories or trades which may prove to be nuisances ; 45. For preventing or regulating the keeping of cows goats, pigs and other animals, and defining limits within which the same may be kept ; 46. For regulating or preventing the ringing of bells, blow- ing of horns, shouting and other unusuaf noises, or'noLIs calculated to disturb the inhabitants. Sewerage and Drainage. .Jl ^""l ^^^"'ating the construction of cellars, sinks, cess- pools, water-closets, earth closets, privies and privy vaults, and lor compelling and regulating the manner of draining, cleaning clearing, and disposing of the contents of the same ; ^' 48. For compelling or regulating the filling up, draining cleaning, clearing, altering, relayingSr repairing of any groindf' yards, vacant lots and private drains ; ""ygrounas, f l,f^ ^°V"^*>^°^ ^°y o^her regulations for sewerage or drainage that may be deemed necessary for sanitary purpofee. ^ Inspection of Meat, Milk, etc. ,..?; ^""^f^'^^, «"d distroying all tainted and unwholesome^ • meat poultry, fish, or other articles of food. 47 V c 32 s Tl ^^^^'^ P™' (1-9, 12), ' ' ^* •'^'' visions. 51. For preventing or regulating the buvinff and spllino-T, , ot articles or animals exposed for sale or marketed subSt^^air^^^^^^^ ^nV;fx*"?iT ««"tained in sections 497-602. 46 V c 18 s 503 (4) ; 47 V. c. 32, a. 15 (1). *o v . c. i«, s. 52. For preventing the use of deleterious materials in mak,ng bread ; and for providing for the seizure and fojfe ture of bread made contrary to the bj-law. 47 V. c 32 s 15 Q^ 40 V. c. 18, s. 503 (Impart). See sec. 479 (21). ' ^ ^ ' 53. For appointing inspectors, and for providine- for tl,P t .• , SrS;df"''',TSP^'^^n'«^^^ ^"^ othertfurlT pr'SKr^^^^^^ ducts oflered for sale for human food or drink, whether on the ^'«'°"«- ^treets or in public places, or in shops. 47 V. c. 32, s. 13 (10 Licensing Milk Dealers. thTklZ t'S for^'nfl"^r ^°^ '^^} ''""^'''^ ^"d for fixing Licensing uie lee lo be paid tor such license at a sum not to ov»o«^ «? miik ,i«alr= year. 47 V. c. 32, s. 13 {\'"'»t''»" -^^f frbe frhifif on the order of the Judge before whom the convictiou is obtained. 46 V. c. lo, s. 494. Sec. 495. (3). THE MUNICIPAL ACT. Chap. 184. 169 (t (( DiVIilON v.— PoWRRa OF COCNOILS OF CoDNTIKS, C1TIK8 AND SBPAKiTBD Towns. Resfpecting Engineers, Inspectors, Gaol Surgeons, etc. Sec. 495 (1). " Auctioneers. Sec. 495 (2). Uawkers and Pedlars. Sec. 495 (3) Ferries. Sec. 495 (4). High Schools. Sec. 495 (5, 6). Support of pupils at High Schools, Toronto Uni- verstty and V. G. College. Sec. 495 (7 8) Endowment of Fellowship. *?ec. 495 (9). ' PxMic Fairs. Sec. 495 (10). " Junk Stores. See. 495 (11). 495 The council of any county, city and town eeparated By-laws may loin tie county for municipal purposes, may pass by-laws for ^e made for- the rollowing purposes : i t j Engineers— Inspectors— Oaol Surgeons, etc. 1. For appointing, in addition to other officers, one or more a • .• engineers, and also one or more inspectors of the house ofelS^nTeir industry; also one or more surgeons of the gaol and other 'nspectors, institutions under the charge of the municipality: and for the «x ^"''8^°'''' removal of such officers. f J ^ ^« etc. Auctioneers. nfi?:/"" "''^"''i"i?' '•eej»lating and governing auctioneers and Liceneing, other persons selling or putting up for sale, goods, wares, mer-etc, auction- chandise or effects by public auction; and for fixing the sum to"""' 46 V c 18T495"t sf"'^' """"^ ^^"^ *""'' '* ^^'^^^ ^^ '" ^'''''^' Hawkers and Ptdlars. 3 For licensing regulating and governing hawkers or„ , petty chapmen and other persons carrying on petty trades, orS'rv Tan who go from place to place or to other men's houses, on foot menf etc ^" or with any animal bearing or drawing anv goods, wares, or merchandise for sale, or in or with any boat, vessel, or other cratt, or otherwise carrying goods, wares, or merchandise for sale, and for fixing the sum to be paid for a license for exer- cising such caUing within the county, city or town, and the time the license shall be in force: In case of counties for providing at the discretion of the council either the treasurer or clerk of the county, or the clerk of any municipality within the county with licenses, in this and the previous sub-section mentioned, for sale to parties applying for the same under such regulations as may be ore- scribed in such by-laws : J ^ i 170 Proviao. Chap. 184. THE MUNICIPAL ACT. Soc. 495. (8). Proviso, Interpreta- tion " Hawkers.' Provided always that no such license shall be required for hawking, peddling or selling from any vehicle or other convey- ance any goods, wares or merchandise to any retail dealer, or for hawking or peddling any goods, wares or merchandise, the growth, prn'lncfi, or manufacture of this Province, not being liquors withia ili*^ meaning of the law relating to taverns or tavern liconsob. if the same are being hawked or peddled by the manufacturer or producer of such goods, wares or merchan- dise, or by his bona fide servants or employees having written authority in that behalf; and such servant or employee shall produce and exhibit his written authority when required so to do by any municipal or peace officer : And provided also that nothing herein contained shall affect the powers of any council to pass by-laws, under the provisions of section 496 of this Act. 46 V. c. 18, s. 495 (3); 47 V. c. 32, s. 11. (a) The word " hawkers " in this sub-section shall include all persons who, being agents for persons not resident within the county, sell or offer for sale tea, dry goods or jewellery, or carry and expose samples or patterns of any of such goods to be afterwards delivered within the county to any person not being a wholesale or retail dealer in such goods, wares or merchandise. (h) The provisions of any by-law passed or enacted by any municipal council prior to the first day of October, 1885, shall not be held as extending to any persons who by this sub-section are to be held as included within the meaning of the word "hawkers." 48 V. c. 40, ss. 1, 2. Licensing, etc., ferries, etc. Eev. Stat, c. 117, s. 14. Until by-law passed Lieut. Governor in Council to regulate. Ferries. v 4. For licensing and regulating ferries between any two places within the municipality, under the provisions of The Act respecting Ferries, and establishing the rate of ferriage to be taken thereon ; but no such law as to ferries shall have effect until assented to by the Lieutenant-Governor in Council, but the powers by this sub-section conferred on county councils shall not extend to a ferry between any two places within the same town- ship. 46 V. e. 18, 6. 495 (4); 48 V. c. 39, s. 15. (a) Until the council passes a by-law regulating such ferries, and in the case of ferries not between two places in the same municipality, the Lieutenant- Governor, by Order in Council, may, from time to time, regulate such ferries respectively, and establish the rates to be taken thereon, in accordance with the statutes in force relating to ferries. 46 V. c. 18, 8. 495 (4 a). Sec. 496 (10 a). the municipal act. chap. 184. 171 Lands for High Schools. 5. For obtaining in such part of the county, or of any city or Acquiring town separated withm the county, as the wants of the people lan.\8ro^ may most require, the real property requisite for erecting hich "J^*^ ^''^'^^' school houses thereon and for other high school purposes, ' and for preserving, improving and repairing such school f ui3'- disposing of such property when no longer re- Aiding High Schools. be'deel'^dTxplr^^^^ " ''' '' ""' ^'^^ ^°^°°'^ ^« "^^^S^^.^^^^ Supporting Pupils at High Schools, Toronto University and Upper Canada College. 7. For making a permanent provision for defraying the ex- Supporting penses of the attendance at the University of Toronto, and at -EHi|l> the Upper Canada College in Toronto, of such of the pupils of^f^?- ^"^^l^" he public high schools of the county as are unable UincurolT'Srtr^ the expense, but are desirous of, and in the opinion of the^ndU. C. respective masters of such high schools, possess competent ^°"^«^' ''"' a tainments for competing for any scholarship, exhibition or clp.'22^'i^'36 m" ^ ^^ '"'^ University or College ; Sec h-Jh IZ Y'f'''S^''^^^r provision for the attendance at anySimUarpro high school, for like purposes, of pupils of public schools of the^«i«'» f°' ' municipality ; See Cap. 226, s. 36 (5). "'"f-..^-.^^ -. Endowing Fellowships. at- tendance at High Schools. 9. For endowing such fellowships, scholarships or exhibitions FnHn^,- f , and other similar prizes, in the University of To^ronto and in the lowX^eS; Upper Canada College at Toronto, for con.petition among the '» U"'^«"i*y pupils of the public high schools in the county, as the council ^nd^C**" deem expedient for the encouragement of learning amongst the'oSege.^- youth thereof; ^ee Cap. 226, s. 36(6). gee Public Fairs. for?'nf^ tl ''"*^'''-'-"^,'-r Pf^^r, "^""^ ^^""^^ fi% qualified elec- Authorizing tors of the municipally, the holding of public fairs at one or *J^« holding more of the most public and convenient places not separated fats atF^^ from the municipality for municipal purposes ; ^ JeguiXng (a) The purpose for which such fairs may he held shall be p "'^" . restricted to the sale, barter and eLhange ofca^tle s^uYh^^sle- . -u___. j,ig,n ,...1!, artiijea Oi ngriuaiturai pro-"""' • auction or requirement. 172 Rules to be made for gov- crniug the Chap. 184. tHE MUNICIPAL ACT. Dlv. vi. Public notice of by-law catablishing same. (b) The by-law to authorize the establishment of any such fair shall establish rules and regulations for the government of the same, and appoint a person whose duty it shall be to have them carried out, and shall also fix the fees to be paid him by persons attending the said fair. (c) The council authorizing the establishment of a public fair shall, immediately after the passing of a by-law for that purpose, give public notice of the same. Junk Shops. Licensing and n. for licensing and regulating "junk " stores or shops, and ^^!unk "'^ for fixing the sum to be paid for a license so to have or keep shops. such "junk " store or shop. 46 V. c. 18, s. 495 (6-11). For powers of Counties, Cities and Towns as to Houses of Befuge^ see^Sec. 460. Division VI. -Powers of Counoils of Cities, Inookporated Villages. Towns and Eespecting Light and Heat. Sec. 496 (1). " Begging in the Streets. Sec. 496 (2). Fire-Arms, Fire-JVovks. Sec. 496 (3). Enclosure of Vacant Lots. Sec. 496 (4). Driving upon Sidewalks. Sec. 496 (5). Importuning Travellers. Sec, 496 (6). Interments. Sec. 496 (7, 8). Gunpowder. Sec. 496 (9). Wooden Buildings. Sec. 4:96 {\0). Prevention of Fires. Sec. 4:96 (11-24). Removal of Snow, Ice, Dirt. - Sec. 496 (25). Removal of olstructions to WTiarves, Waters, etc. Sec. 496 (26). Obstruction of Roads and Streets. Sec. 496 (27, 28). Numbering Houses and Lots— Record of Streets. Sec. 496 (29, 30). Naming Streets. Sec. 496 (31). Cellars. Sec. 496 (32, 33). Seiverage and Drainage. Sec. 496 (34, 35). User of Streets. Sec. 496 (36, 37). Cab Stands. Sec. 496 (38). Telegraph Poles. Sec. 496 (3G). Children riding behind ^vaggons. Sec. 496 (40). Sale of Tobacco. Sec. 496 (41). Inspection of Bathing and Boat Houses Sec. 496 (42). Markets, etc . Sees. 497-502, 503 (l-U). Assize of Bread. Sec. uvG (iii;. it (i (( (( it {( (( tt (( « (( u Sec. 496 (9). THE MUNICIPAL ACT, Chap. 184. 173 496. The council of every city, town and incorporated village By-Uws may may pass by-laws: '^ * bem»' '^^ upon the market place for sale, unless a convenient and St . ";:^'-'\"" piovided by the municipality, which shall a. ford shelter in sum- ■"=^^'''^^' whiter * reasonable protection from the cold in (3) When the vendor of any article brought within the „ municipality in pursuance of a prior contract for the sale there-, in,' "'i''"' '" on proceeds directly to the place of delivery thereof; ul^der sS ^hJ^ Z^.. contract, without hawking the same upon the streets or dseS^^"" 1-".- where in the municipality, it shall not be laM-ful to impose S' "' evy or collect a market fee thereon, or in respect thereoror o n c.-.-t. the vehicle in which the same is so brou-rht (4) Where there is no prior contract as mentioned in the Wh.,, tv.s previous sub-section, no market fee shall bo imposed, levied or -tt" h^ collected upon or m respect of any article brough into anv^'^^f' municipality after the hour of ten o'clock in The forenoon^ ';oi'''- ""' nor on or ,n respect of any vehicle in which such article "s "o -t'- .... brought unless such article is offered or exposed for sale upon the market place of the municipality. ^ iJh.'^'t'r '^'''" ri"''"' ^'''y' ^'^'^^^ o»- ofl'er fodder I'-'stri. turn a.s to be flc.gli-.,!, or wood to be measured, where neither the*" ''^:-''^'^^ I'k's to 111,' weiglitd or niea.su I'ti.l. measured. ^(6) After nine o'clock in the forenoon, between the 1st dav"""^"'"'" pi April and the 1st day of November, and after ten o'clock ^'""^"f ^ ^ 1st uay ot April, no person shall be compelled to remain on ** ""^'••^^^^• f ■ 180 Chap. 184. THE MUNICIPAL ACT. . Sec. 497. (6). any market place \s'ith any article which he may have been exposing or offering for sale in such market place, but may, alter the expiration of such hour, proceed to sell such article elsewhere than in or on said market place ; Provided that such person has paid the market fee on or in respect of such article, or the vehicle in which the same is contained. Scale of (7) No market fees shall be imposed by any municipality market fees, higher then those contained in the following scale : Upon articles brought to the mirket place in a vehicle drawn by two horses, upon which fees may be im- posed, not more than 10 cents. Upon articles brought to the market place in a vehicle drawn by one horse, not more than 5 cents., Upon articles brought to the market place by hand or in any basket or vessel, not more than 2 cents. Upon or in respect of live stock driven to or upon the market place for sale, as follows : , Every horse, n\are, or gelding, not more than ... .10 cents. Every head of horned cattle, not more than ...... 5 cents. Every sheep, calf, or swine, not more than 2 cents. Scale of fees (8) No fee shall be imposed or levied by any municipality for weighing ^^^, weighing or measuring greater than as follows : For weighing a load of hay 15 cents. For weighing slaughtered meat, or grain, or other articles exposed for sale, under one hundred pounds 2 cents. Over one hundred pounds^ and up to one thousand pounds 5 cents. Over one thousand pounds 10 cents. For weighing hve animals, other than sheep or pigs, per head 3 cents. Sheep or pigs, if more than five, per head 1 cent. If less than five, for the lot 4 cents. For measuring a load of wood 5 cents. Rejiulation of (9) Subject to the other provisions of this section, the munici- sale an.l pality may regulate the sale by retail in the public streets, or traffic. Q^ vacant lots adjacent thereto, of any of the articles herein mentioned, and may regulate traffic in the streets, and prevent the blocking up of the same by vehicles or otherwise. 46 V. c. 18, 3. 497. Precedingsec- '*4»8.— (1) The preceding section shall not apply to any muni- tion not to cipality which shall pass, and so long as it shall keep in force, a apply where i^jy.jaw providing that the vendors of any articles m respect of SSowingwhich a market fee may under this Act be lawfully imposed, sale, except at may, without paying market fees, offer for sale and sellorother- the market, ^^^j^^ dispose of any such articles^ at any place within the menHf fees";mudicipality, excepting only at and upon the market place or places thereof. Sec. 500, THE MUNICIPAL ACT. Chap. 181. 181 Jn\^r}lu^:- ?*y' f^'e^theless, provide for the imposi- but such by tion and collection of market fees from such vendors of articles ^^^ ""^y i"^- in respect of which a market fee may now be imposed under P°'' ^''' T this Act as shall voluntarily use the Market placeZ the pur- SSrulg pose of selling such articles. . ^market; (3) The by-law may also provide for the imposition uoon a remain^"'"" 'l"'''l^\ '''' '^'"^ -^ person w£o SSn°gatr remain, or cause his vehicle to remain upon that part of anv **«« °^ "»*'• street immedmtely adjoining or surrounding or being within''^*- 100 yards of the market place, for the purpose of selling upon such street or streets such articles, so as to obtain the advantages nlnir f "f ^'* Pu'f; ^"* •^"^^°« ^^'•^"gh or across such IZTTf "['^'.''^^ .«hall not of itself be deemed sufficent Srjll / "?P03ition of any fee ; but this sub-section shall not apply to grain, seeds, dressed hogs or wool. (4) The by-law 'shall not prevent the sale of anv such r , zrj: T/^r'' r^^'"« '" ^"«^"««« -^^ •^--g anUtuah^rre^^ji^^ and Oo7ia fide store, shop or other similar place of business, on "^^^^ *« ?««•- tdose portions of the streets in the next preceding sub-section '""k ""^y^^H menioned; nor shall the by-law authorL the ^irposfng o? erlltTc^^ '" levying of any fee in respect of any article so sold, or of anv'^'^'-ket. vehicle m which the same is contained. ^ (5) It shall not be lawful for any municipality passing such „ . • .. by-law to impose a higher tariff or greater fee upon any frticle fe:f "*"" ''" or vehicle han was in force or imposed ' by the municipality on the 1st day of March, 1882. ^ -^ i' "'.) (fi; No market fee shall be levied, collected or imposed by Fees not to be any munic.pality in respect of any market place or market, oV chafed* on '' any portion of any such market place or market hereafter P'"^^*^ ""^'^^ established, declared or made in, or out of any street or part '" '*'''*'• ot any street within said municipality: Provided always that this sub-section shall not apply to so much of any street as mmediately adjoins and abuts upon any market square, either now or hereafter established as a market place. 46 V. c. 18, s. -!!>». The preceding section shall not apply to anv munici p a- &i:v"7m T^^Jri ""^ «h-ged'o'r^impose'dr Thetirfotr^- i'.'th day of March, 1882, but sections 497, 600 and 501 shalpPP^y ^^'^"^ apply to such municipality in the evert of market fees being char^r thereafter charged or imposed therein. 46 V. c. 18, s. 499. ^''''^'«''^- J^?^: ^«^h!"Si"tbe preceding sections contained shall pre- Power to vent any municipality wherein no market fees are imposed or regulate .alas charged from regulating the sale and the place of sale of anv ^l^^" "« f««« articles within the municipality to the same extent as ft "' '^^''«''^- might do before the 10th day of March, 1882: Provided always that market fees within the meaning of this section W "°ti,'° ?^ ^''' ^""'^ weighing or measuring ; Provided lurther, that after nine o clock in the forenoon, between the 182 Chap. 184, THE MUNICIPAL ACT. Sec. 500. 1st day of April and the 1st day of November, and after ten o'clock in the forenoon, l)etween the 1st day of November and the 1st day of April, no person shall be compelled to remain , on, or resort to, any market place with any articles which he may have for sale, but may, after the expiration of such hour, sell or dispose of such articles elsewhere than in or on said market places. iO V. c. 18,8. 500. Inuonaistfiit 501. When and so long as section 497 shall be in force and enuctinentH to apply to any municipality, sd much of any Act or law as may , b.; of lu) eifeet 1^^ contrary to, and as shall conflict with the same, shall not be in force in or apply to such municipality ; and when and as long as section 4!>S shall be in force in and apply to any municipality, so much of any Act or law as may be contrary to. and as shall conflict with the same^ shall not be in force in or apply to such municipality. 46 V. c. 18, s. oOl. Kight to kaso r»0*J. Subject to the provisions of the last preceding five sec- inaikut ftus. tions, every municipality shall have the power to sell, assign, or lease its market fees. 4t; V. c. 18, s. 502. Market 1»y- 5055. The council of every city, town and incorporated village lawb. jjjjjy^ subject to the restrictions and exceptions contained in the last preceding six sections, also pass by-laws : 1. For establishing markets; 2. For regulating all markets established and to be estab- lished ; the places, however, already established as markets in the municipality shall continue to be markets, and shall retain all the privileges thereof until otherwise directed by competent authority ; and all market reservations or appropriations hereto- fore made in any such municipality shall continue to be vested in the corporation thereof; 3. For preventing or regulating the sale by retail in the public streets, or vacant lots adjacent thereto, of any meat, vegetables, grain hay, fruit, beverages, small-ware, and other articles oflFered for sale. 46 V. c. 18, s. 503 (1-3). 4. For regulating the place and manner of selling and weigh- ing grain, meat, vegetables, fish, hay, straw, fodder, wood, lum- ber, shingles, farm produce of every description, small-ware and all other articles exposed for sale, and the fees to be paid there- for; and also for preventing criers and vendors of small-ware from practising their calling in the market place, public streets and vacant lots adjacent thereto; 5. For granting annually, or oftener, licenses for the sale of fresh meat m quantities less than by the quarter carcase, and for regulating such sale, and fixing and regulating the places where such sale shall be allowed, and for imposing a license fee not exceeding $50 in cities and $25 in towns and incorporated villages to be paid for such license, and for Estalilishing niarkfts. Regulating markets. Old markets contiuued. Regulating vending in streets, etc., Sale of grain, meat, farm produce, small ware, etc. Regulating sale of meat. Div. vii. THE MUNICIPAL ACT. Chap. 184. 183 enforcing the payment of the same, and for preventing the sale of fresh meat in (juantities less than by the quarter carcase, unless by a person holding a valid license and in a place author- ized by the council, but nothing herein contained shall affect the powers conferred in the preceding sub-section. 46 V. c. 18, s. 50y (5, 6). 6. For preventing the forestalling, regrating or monopoly of '''■^^^"**."K market grains, wood, meats, fish, fruits, roots, vegetables, poul- eter** ' try and dairy products, eggs, and all articles required for family use, and such as are usually .sold in the market ; Provided that this sub-section shall not be qualified as respects shops or stalls occupied by butchers or others for the sale of fresh meat in quantities less than by the quarter carcase within the said muni- cipality by anything contained in sections 497 or 500 of this Act. 46 y. c. 18, s. 503 (7) ; 50 V. c. 29, s. 2i). 7. For preventing and regulating the purchase of such Regulating things by hucksters, grocers, butchers or runners; 40 V. c. is 'lucksters, s. 603 (8). "'**'■ S. For' regulating the measuring or weighing (as the case Measuring, may be) of lime, shingles, laths, cordwood, coal and other fuel ; etc., certain 46 V. c. 18, s. 503 ^9) ; 49 V. c. 37, s. 13. . 9. For imposing penalties for light weight or short count or Penalties for short measurement in anything marketed; -&e sec. 479 (21). lightweight, etc. 10. For regulating all vehicles, vessels, and all other things Kegulating in which anything is exposed for sale or marketed and for im- vehicles used posing a reasonable duty thereon, and establishing the mode in y^j^in'^'^* which it shall be paid ; 11. For selling, after six hours' notice, butchers' meat dis- Sale of meat trained for rent of market stalls ; 46 V. c. 18, s. 503 (10-12). distrained. Assize of Bread. li' f i 12. For regulating the assize of bread. (13 'part). See sec 479 (21). 46 V. C. 18, S. 503 Assize of bread. Division VII.— Powers of Councils of Cities and Towns. Hespecting Intelligence Offici^s. Sec. 504 (1-5). " Foliiv. Sec. 5(H (6, 7). " Industrial Farms— Exhibitions. Soo. 504 (8-10). " Almshouses — Charities. -&c. 504(11). '* Corpomtion Surveyor. See. 504 (12). " Q-asand Water. Sec. 504 (13), 505 oOS. 184 Chap. 184. THK MUNICIl'AL ACT. Sec. 504- Licensing intelligence othcei. By-laws may j^^^ tIjq couiicil of cvorv citv ftnd town may pass by- be male for — 1 laws : Intelligence Oj/ices. 1. For licensing and regulating suitable persons to keep intelligence offices, for registering the names and residences of, and giving information to, or procuring servants, labourors, workmen, clerks or other employees for employers in want of the same, and for registering the names and residences of, and giving information to, or procurinf^ employment for domestic servants and other labourers and any other class of servant, workman, clerk or person seeking employment, and for fixing tlie fees to be charged and recovered by the keepers of such offices ; 50 V. c. 29, s. 30. Regulation of. 2. For the regulation of such intelligence offices ; Duration of 3. For limiting the duration of or revoking any such license. license ; 4. For prohibiting the opening or keeping of any such in- telligence office within the municii)ality without license ; Foes 5. For fixing the fee to be paid for such license, not exceed- ing 110 for one year. 46 V. c. 18, s. 504 (2-5). 7*olice. Police. 6 For establishing, regulating and maintaining a police ; but subject to the other provisions of this Act ; Sui.cranmia- 7. For aiding and assisting by annual money grant or other- tiou and bene- wise, as the council may deem expedient, the establishment litfunclfor j^„j maintenance of superannuation and benefit funds for the force" " ""^"^ benefit of the members of the police force aiul fire brigades, and of their families re8i)ectively, where police forces and fire brigades are establisiied ; Industrial Farm — E,ehibltions. Prohibition without license. Industrial 8- For acquiring any estate in landed property within or farms, parks, without tlie city or towM for ati industrial farm, or for a '^tc. public park, garden or walk, or for a place for exhibitions, and for the disposal thereof when no longer required for the pur- pose: and for accepting and taking charge of landed property, within or without the city or town, dedicated for a public park, garden or walk for the use of the inhabitants of the city or town. See sees. 460, 462. Buildings 9. For the erection thereon of buildings and fences for the thereon. purposes of the farm, park, garden, walk or place for exhibi- tions as the council deems necessary ; Sec. 600. THK MUNiriPAL ACT. Chap. 184. 185 10. For tho inatmgemeMt of tiie f.mn, park, <,mrdeti, walk Managing the or place tor exhibitions and buildirif^s; ^ '" ..„•*» lame. Ahnnhmcses — Vharitiea. 11. For estublishing and regulating within the citv or ai^ . town or on the industrial far.n or grSun.l held L public etl"^'''""' exhibitions one or more almshouses or houses of refuge for the relief o the destitute, and also for aiding clmritable insti- i"S.r;L^^6r^ ^^ ^^^"- "-' '''' ''' ^'']^ -^^ - ^^ Corporation Surveyor. 12. For .-ippointing any provincial land surveyor to be Corporation the corporation surveyor. 46 V. c. 18, s. 604 (7-13). oe corporation surveyor. Gas and Water. 13. For const .cting gas and water works, and for levyinjr Construction an annual spe.ui Irate to defray tho yearl} interest oiT&7^^'r expenditure tl.oretor, and to form an equal yearly sinkin.^"^***"" ^'"■'"'• fund tor the i.uyment of tho principal within a tiuie not exceed'- ing tim-ty years, nor less than five years. 46 V. c. iS, s. 504 ■p'l'i.^tl,, . T' i'l ..• . ... ^^"- notice of iiisti.v ,— I ntil estimates ot the intended expenditure have ^^^^'^S P«» "^ been piiblisiied for one month, and notice of the time appointed '°''"''*'''- or taking a pol of the electors on the proposed byK 1 a ■ been published tor two months, and a copy of the proposed by-law at length, as the same may be ultimately passed, and a notice of the day appointed for finally considering the s^e H. council, have been published for three months, in som^ .owspauer in the municipality; or if no newspaper is pub- \M therein then in some newspaper in the coun y in which tlie nmnicipahty is situate; ^ Nor, secondly :_U..til, at a poll held in the same manner and Poll to be .It tlie same places and continued for the same time as at e]ec>'^''' ^"'^ •"»■ tu.iib lor councillors, a majority of the electors, votincr at the r"*^f°'"'* poll, vote in favour of the by-law ; ° '" ^'''""'■• Nor, thirdly --Unless the by-law is passed within three h i . x, ."onths alter holding the said poll. 46 V. c. IS, s. 505 ll^llll passed within three months. 506. If the proposed by-law is rejected at such poll, no other if i i iliZ Z "" '""' P-P-f/1'Hll bi submitted t<; th; electo JeSr clming the curreiir, year. 46 V. c. IS, s. 506. # dW I m t'^' 1 IMAGE EVALUATiON TEST TARGET (iV\T-3) // >^/ ^ .^^k' .5^ V A^ ^^« V ..^ \=i 1.0 I.I 1.25 Hi uu I 2£ 1.8 111 lit lAO U ill 1.6 ^ ;-a V] "^ ^> / ^ * ^ <%'> # ^ Photographic Sciences Corporation '^Ci' 3: WEST MA^N STREET WEBSTER, N.Y. 14580 (716) 872-4503 V^' k',^ % Si' 186 Chap. 184 THE MUNICIPAL ACT. S«c. 507. Provisions 50T. In case there is any water company incorporated for where there ia the municipality, the council shall not levy any water rate paTiy Inc^" until such council has, by by-law, fixed a psice to oflfer for the porated for works o*" stock of the company ; nor until after thirty days have the munici- glapsed after notice of such price has been communicated to ^* '*^" the company without the company's having accepted the same, or having, under the provisions of this Act as to arbitrators, named and given notice of an arbitrator to determine the price, nor until the price accepted or awarded has been paid, or has been securod to the satisfaction of the company. 46 V. c. 18, s. 507. Proviso as tn .%08. The foregoing clauses or any of them shall not he con- provisions in g^j-iigd to apply to, or affec. the provisions contained in, any special Aots. ^^^^^.^^^ ^^^ obtained, or to be obtained, by any compaiy or municipal corporation. 46 V. c. 18, s. .008. Dn/sioN VIIL— Powers of Councils of Tov/nships, Towns and Villages. Drainage. 500. The council of every township, town or village may pass by-laws — Borrowing Money for Drainage Piirjyoses. For bor lowing money and issuing debentures therefor, for Rev Stat. c. the purposes and subject; to the provibions of The Tile, Stone 38. ' and Timber Drainage Act. 46 V. o. 18, s. 509. Division IX.— Poweks of Councils of Towns and Incor- porated Villages. By-laws may 51*. THe council of every town and incorporated village may be made for— pass by-laws : Licensing Vehicles, etc. Regulating ^OT regulating and licensing the ownei3 of livery stables, and and licensing of horses, cabs, Carriages, omnibuses and other vehicles for hire; Uvery stables, f^^. establishing the rates of fares to be taken by the orners or cabs, etc. jj.iyer3, and for enforcing payment thereof. 46 V. c. IS, s. 510. Sl'o.511(3«). THE MUNICIPAL ACT. Chap. 184. 1^7 it By-laws may be made for — Division X.— Exclusive Powers of Councils ok Counties. RdHpecting Protection of Booms. Sec. 511 (1). Guaranteeing Dehentures. Sec. 511 (2) Fences. Sec. 511 (3). ; Livery StahUs, etc. Sec. 512. Board of Audit— Orhninal Justice Account. Sees. old, 514. Improveme?iis hy either County of a Union. Sees. 515-519. Support of Destitute Insane Persons. Sec 520 lioads and Bridges. See sec. 565. .■»ll. The council of every county may make by-laws : Protecting Booms. nL lnr,-^ITfl^ • "■' J^S"!?'!"* •>»»"'= on any stream or P,*o.ing * Guaranteeing Debentures. 2. For guarnteeing debentures of any municioalitv wither, the county, as the coundl may deen, expedient; TeTo it s?=S.°^ Fences. .«l^r *^^f ^''u'^'u'^' ^? '■f'P'°* °^ f«°«^« ^>^«g highways, or Powers of parts thereof, which it is the duty of the council to maint^i^ co-ty ctn. ot the powers conferred upon the councils of townships, cities ''iH^'^ ''^^P^^* town and incorporated villages, by sub-sections 17 and 20 of section 489 of this Act. 48 V. 39, s. 14. (a) The council of every county shall be deemed and held to have had, and possessed on, from, and since the first day of February, 1883, the powers conferred by this sub-section, and also the power to assist aid, and compensate, either by payment of money or otherwise, any owner or occupier of land border- fnff?Tl,•*"^/"^"^^^?''^*y ^^*hi" th« county tor the taking down, altering or removing any fence l.u"''''l;I^''^ ^° *^' °P'"^«° °f the council, would oe kkely to cause such an accumulation of snow or drift as would impede or obstruct travel on such highway or any part thereof, or for the erection and construction of some other discription of fence approved cf, or designated by the council, and sub- ject to such terms and conditions in that behalf as by such council have been or shall be fi.xed and prescribed. 49 V. c. 37, s. 35, <■' '! SHI 188 Chap. 184. -i * ' '.'■ THE MUNICIPAL ACT. Livery Stnhle3, etc. Sec. 512.. Regulating S\%. The council of every county, having county gravel and licensing or macadamized roads within its jurisdiction, and under its im- livery stables, j^g^jjg^^g control, such roads being kept up and repaired by ' °* municipal taxation, and upon which no toll is collected, shall have power to pass a by-law or by-laws for regulating and licensing the owners of livery stables, and of horses, cabs, carriages, omnibuses, and all other vehicles used or kept for hire; and for issuing and regulating teamsters' licenses; for regulating the width of tire used on such vehicles ; for estab- lishing the rates of fare that may be collected or taken by the oVners or drivers ; for enforcing the payment of such licenses, regulating rates of fares for the conveyance of goods or passengers ; and for enforcing the width of tire that may be used on such vehicles, when travelling on the aforesaid county gravel or macadamized roads. 46 V. c. 18, s. 612. Board of Audit — Criminal Justice, etc. Tires, Rates of fare County boards of audit. Payment of members of board. Enabling either county of a union to make im- provements therein. Reeves, etc., of the county interested alone to vote. Exception. , Provisions of this Act for repayment to to apply. 513. Every county council shall appoint at its first meeting in each year two persons, not more than one of whom shall belong to the council, to be members of the board of audit, for auditing and approving accounts and demands preferred against the county, the approving and auditing whereof pre- vious to the i9th day of December, 1868, belonged to the General Quarter Sessions. 46 V. c. 18, s. 513. 514. The council may pay the members of the said board of audit any sum not exceeding 34 each per day for their attendance at such audit, and five cents for each mile neces- sarily travelled in respect thereof in going to and from such audit. 46 V. c. 18, s. 514. Improvements hy either County of a Union. 5!5. The councils of united counties may make appro- priations and raise funds to enable either county, separately, to carry on such improvements as may be required by the inhabi- tants thereof. 46 V. c. 18, s. 515. 516. Whenever any such measure is brought before the council of any united counties, none but the reeves and deputy reeves of the county to be affected by the measure shall vote ; except in case of an equality of votes, when the warden, whether a reeve or deputy reeve of any portion ot the county to be aflfected by the measure or not, shall have the casting vote. 46 V. c. 18, s. 516. 511. In all other respects, all the provisions of this Act making provisions for the payment of the amounts appro- priated, whether to be borrowed upon a loan or to be raised directly by taxation, slsall be adhered to. 46 V. c. 18, s. 517. See. 521 (1). THE MUNICIPAL ACT. Chap. 184. 189 518. The treasurer ot the united counties shall pay over Treasurer to ail sums so raised and paid into his hands by the severd col- Sy-T *° lectors, without any deduction or percentage. 46 V o 18 « """"^y '''*''■ 518. tion. 519. The property to be assessed for the purposes contem t>.- CtZ t'r ^''''^'''^ '^"^ «^«^^-« «f ^bisTt Zll be t'ote^sS the same as the property assessed for any other county u„r> "^oh c^aes. pose o.ceut that any sum to be raised for the purposes of Ce county only, or tor the payment of any debt contrrcted for the purposes ot one county only, shall be assessed and levied solelv upon property assessed in that county, and not upon proper v " mavTet,LT""'^,"°^*'^^^*^ ^*' ^"^ ^V ^ebentSre^tS Tt^he «ITni '"? ^""KPOsesmay be issue/ as the debenture m,nn th«.^r .''"'' V'l'^' *"^ '^^^" ^e £s valid and bindirg upon that county as if that county were a separate municf pa ity but sucn debentures shal^ be underT seal of he c. 18, 8. 5?9. '' ^' '^^"""^ ^^ ^^^ ^*^*^«" ^^^'^^^- 46 V Support of DeatituU Insane Persons. 530. The county council of each county shall from timep„,.nf n ZC:^.' P^'V"'" ^'' *^" Z^ ' - partiarsul^Xithe^'ntLir in the county gaol or some other place within the countv P'°^"°" f"'' of such insane destitute persons as cannot properly be admitted -^^ '^''*^*"*' snail be paid by t.e county treasurer. 46 V. c. 18, a 520. Division XL— Exclusive Powbhs of Councils of ToWI^SHIPS. Respecting Statute Labour. :^ec. 521 (1-8) Town Halls. See. 521 (9, 10) Ferries. Sec. 521 (11). " Purchasing Wet Lands. Sec. 521 (12) Botmdaries of Marsh Lands. &c. 52l'ri3) A'uisances. Sec. 521 (14). [• Dry Earth Closets. Sec. 521 (15). Ohstructions to Streams and Water-Courses 521 (16-18), 522. Repair of Roads. Sec. 523. 531. The council of every township, may pass b; -laws- By-laws may Statute labour. bemadefor- 1. For empowering any person (resident or non-resident^ ,, 101 sucn labour tor any term not exceeding five years atfanv labour, sum not exceeding' $1 for each day's labour ; "^ ' ^ ^ Sec. mti 190 Chap. 184. THE MUNICIPAL ACT. Sec. 521 (2)- Fixing num- ber of (lays' statute labour. t $ Enforcing statute labour. Rpgulating perfoi'mance, etc. Reducing or abolishing. Rate of 2. For providing that a sum of money, not exceeding commutation. ^ fQj. g^g^ day's labour, may or shall be paid in commuta- tion of such statute labour ; 3. For increasing or reducing the number of days' labour, to which the persons rated on wie assessment roll or otherwise shall be liable, in proportion to the statute labour to which such persons are liable in respect of the amounts at which they are assessed or otherwise, respectively ; 4 For enforcing the performance of statute labour, or pay- ment of a commutation in money in lieu thereof, when not otherwise provided by law ; 5. For regulating the manner and the divisions in which statute labour or commutation money shall be performed or expended ; 6. For reducing the amount of statute labour to be per- formed by the ratepayers or others within the municipality, or for entirely abolishing such statute labour ; 46 V. c. 18, s. 521 (1-6). 7. For providing for the making and keeping open of township roads during the season of sleighing ai each year, and for appointing overseers of highways or pathmasters to perform that duty, and such overseers and pathmasters shall have full power to call out persons liable to perform statute labour within their respective municipaiities, to assist in keep- ing open such roads, and may give to such persors as may be employed in so doing, certificates of having performed statute labour to the amount of the days' work done, and such work shall be allowed for to such persons in their next season's statute labour; 8. For providing for the application of so much of the ccmmutatioi) of the statute labour fund as may be necessary for keeping open such roads as last aresaid within such respective municipaiities. 48 V. c. 39, s. ^0, pari. Toxon Halls. Ac([uii'iug land for a town hall iu a town or village. Township and other meet- ings may be held and no- tici ;;.08ted at such hall. 9. For acquiring lands in any town or in corporated village Avithin, or partly within, the original boundaries of the town- ship, for the purpose of erecting thereon a town Hall, or for renting or acquiring a hall, within such town or village, for the purpose of a town hall ; 10. Any township owning, renting or otherwise acquiring a town hall in any such town or village may hold at such town hall, any meeting, nomination, or election, or^ post at such town hall, any notice, assessment roll or voters' list, or do thereat any other act required by law to be held, poster or done in the township at the town hall, and any meetmg Sec. 521. (13). THE MUNICIPAL ACT. Chap. 184. 191 of mutual any mutual insurance company, or upon the formation thereof, which is required by any statute to be held in the mu- mcipality may lawfully be held in such hall. 4() V. c. 18, a. 521 (7, o). Ferries. ni„li; ^°!^v^'*'!f '°^ and regulating ferries between any two Powers of places within the township with the same rights and powers *<^^''Wp8 as m respect thereof, and as to establishing rates as are conferred *° ^'"''*'- upon county councils by sub-section 4 of section 494 of this Act, and upon the same terms and conditions as are provided by said sub-section 4 ; but this shall not apply 1! ""Su T^ ^TJ^'t * ^'^^'^^'^ h"« been granted prior to the 30th day of March, 1885, and was then rSnning, until the expiry of such license. 48 V. c. 39, s. 16. Purchasing Wet Lands. 12. For purchasing from the Government or any corpora- Purchasin^i of tion or person, at a price (m case of Crown Lands, t*o be fixed -etl3 ty the Lieutenant-Governor in Council, and which price the ^''""' *'"''*"'"- Lieutenant-Governor in Council is hereby authorized to fix) """*' ''"• all the wet lands at the disposal of tl^e Crown or such corpora- tion or person m such township ; and such lands may be sold accordingly to the corporation of such township ; (a) The purchase and draining of such lands shall be one Kaisinu ot the purposes for which any such corporation n.onev for may raise money by loan or otherwise, or for which P"'chasiug they may apply any of their funds not otherwise s^md*™"'"^' appropriated; '^^ ■ r^; The corporation of a township may possess and May bol.i or hoia the land so purchased, and may, whenever ^''^Po^ie of they deem it expedient, sell or otherwise depart ""'' '■'""^• with or dispose ot the same by public auction in like manner as they may by law sell or dispose of other property, and upon such terms and conditions and with such mortgages upon the land so sold' or other security for the purchase money or any porl tion thereof; as they may think most advantageous. (c) The proceeds of the sale of such lands shall form part Proceeds of ot the general funds of the municipality 46 «'*^^- V. c. 18, s. 482 (21). P J'- " Boimdaries of Marsh Lands. A^l'^^^ declaring that in the case of any lands, the boun- Boundaries of oary line, or any part of the boundary line whereof passes '"^''sh laiKls. through a marsli or swamp, or any land -covered with water the same shall, so far as respects that part of such boundaiy ime which so passes through a marsh or swamp, or land covered with water, be deemed to be wholly enclosed within the mean- Rev. stat. c. mg of section 1 of The Act respecting petty trespasses, if posts ^<^'- 1 ! ^^^tJMiM 192 Chap. 184. THE MUNICIPAL ACT. Sec. 521 (14). Preventing obstruction of streams, etc. Levying expenses. Penalties. When stream in any town- ship cleared of obstructions, notice may be served on council of ad- joining muni- cipality re- quiring them to clear such stream within their munici- pality. are put up and maintained along such part of such line at dis- tances which will permit of each being clearly visible from the adjoining post. 50 V. c. 29, s. 50. Nuisances. U. For relating slaughter houses and manufactures or trades which may prove to be nuisances. 49 V. c. 37, s. 14. Dry Earth Closets. 15. For regulating the construction of dry earth closets and compelling the use of the same within such limits within the municipality aa may be defined by the by-law. 60 V. c. 29, 8. 31. Obstructions to Streams and Watercourses. 16. For preventing the obstruction of streams, creeks and watercourses, by trees, brushwood, timber or other materials, and for clearing away and removing such obstructions at the expense of the oiFenders or otherwise ; 17. For levying the amount of such expense, in the same manner as taxes are levied ; 18. For imposing penalties on parties causing such obstruc- tions. 46 V. c. 18, s. 521 (9-11). 5258.— (1) Whenever ar>.y stream or creek in any township is cleared of all logs, brush or other obstuctions to the town line between such township and any adjoining township into which such stream or creek flows, the council of the township in which the creek or stream has been cleared of obstiuction may serve a notice in writing on the head of the council of the adjoining township into which the stream or creek flows, requesting such council to clear such stream or creek through their municipality ; and it shall be the duty of such last named council, within six months after the service of the notice as aforesaid, to enforce the removal of all obstructions in such creek or stream within their municipality, to the satisfaction of any person whom the council of the county, in which the municipality whose council has served the notice it situate, shall appoint to inspect the same. 46 V. c. 18, s. 522. (2) When a river or stream which forms a boundary line between two municipalities becomes obstructed with driftwood or fallen timber, any one oi the councils of such municipalities may cause the removal of such driftwood or fallen timber, and mav pay the costs of such removal out of the general funds of the municipality. 50 V. c. 29, s. 32. Repair of Roads . 533. No stone, gravel or other material shall be put upon the roads for repair during the winter months so as to inter- fere with sleighing. 48 V. c. 39, s. 20j>art. Sec. 524. THE MUNICIPAL ACT. Chap. 184. TITLE II.-POWERS AND DUTIES OF COUNCILS AS TO HIGHWAYS AND BRIDGES. Div. I.— General Pbovisions. dIv' Iir^TnrZ' 'l7^^««^^«' 0^"««, T0WN8 AND Villages. n V {V— TOWN8HIP8, CW Towns and Villaobs. n :^/ -—County and Township Cocnoilb. i^iv. V . — County Codnoils. Div. VI.— Township Cocncils. 193 • Division I.— General Provisions. ' Highways defined. Sec 624. Freehold in Crotvn. Sec. 525. Jurisdiction of Councils. Sec. 526. Possession in Municipalities. ' Sec 527 Acquiring Roads for Public Avenues. ' Sec 528 Assumptton of County Bridges by Villages. See. 529 Liabthtyfor Repairs. Sees. 530, 631 County Roads and Bridges. Sees 532 533 Jj^proinng and Maintaining County Roads.' Sees 5B4: 636 Matntaimng Township Roads. Sees. 536 537 ' Roads tinder Joint Jurisdiction. Sees. 538-646 Roads vested in Her Majesty. Sec. 542 Roads on Dominion Lands. Sec 5^3 Roads necessary for ingress and egre'ss.' Sec. 544 WidtA of Roads. Sec. 545. ^^i^ces of By-laws affecting Public Roads. Sec 546 Registration of Rocd By-laws. Sec ^ 7 "''•''*''• ^^P^^f^^ respecting Roads-Administration of Oaths. Sec. Mistakes in opening Road Allowaness. Sec. 549. ■ \ Highways Defined, ' 534. All allowances wade for ronda h-o- t\.^ n has been usuallv Deri™!,! „T' 'J*™ '¥ »"""'ility for Repairs. 530. The approaches for 100 feet to anH no^^ .a\ • • each end of all bridges belonging toasamned h? *^J''"""^ Approache, lurisdiction of an/municip? t^o; mrlptties "stn '^«*°'^"'^«- W up and maintained b/etj muripa i^;'rr;.u lah! « .?1 K t T"'"'"^ l'^'"^^^" «•• portions of snch approKs hall be kept up and maintained by the local muniSme. in which they are situate. 46 V. c. 18, s. 530. '"""^'P'*""®' '° 195 531.— (1) Every public road, street, bridge and hi^hwRv. shall be kept ,n repair by the corporation, andln deli It of Z^^n*'"'*^ ''"• ueing suDiect to any Dunishmnnf -nr-c^rr^A^A k_ i-_ i' . .,,%*<> responsible lor all damages sustained by any person'bv rel on of such default, but the action must be brought Within trp^''"'*"*''''' «« months after the damages have been sustained three actiona. (2) This section shall not apolv to anv rnori af^»„* u -j or highway laid out by any uriva^e hp^^L ;i !u *' ^"^geXowhatroadB tion fhall Lt be liabl^ JoVe^pt r'eprC'ulh^aTLr ^''"°^''^- Wlat Slf "''' ""''f^' '' '^'^^"^'' untif establistd by Siu I ^^'"P^'-^tion. or otherwise assumed for public user by such corporation. 46 V. c. 18, s. 631. ^ (3) The corporation shall, in the absence of an agreement., • , to the contrary, keep n reoair all nrna=;n„= "6'^^^,'"6n'^ Repair of and aDDroach/s c^rnrU .M^ n crossings, sewers, culverts cro88ing8,etc., do..P frS !.' ^ N V^^"^^'^"' ''"^ ^t'^^'' ^orks made or '"ade by We .^•\L\? ^■''^'"'^ ""^ ^"y municipality, or by any nerso,. ?^ '^™P*1- with the permission of the said council unnn ^L fS ^ a- '^^ °° *°" or through the said municipality, and on' dSlt L ?o kl •"""'" repair shall be responsible^br^^ll damages eutarnd by any person by reason of such default h„f fi,^ """^f '"*^o oy any (4) In case an action is brought aeainat a mnn,v.,•r^o^ « tion to recover damages sustained by rrson.Slv^Kf^'^^''*"^'"^'^^''^ excavation or nnpninn, ;„ ^^.-'..^^on ot any obstruction, case of dam- SS made Ipffn.^ \n a public highway, street or bridges- for mjury aTy^Vs^tht^hr aTc^^^^^^^^^ ^ '^Sler irra^n^:rti:ihr ^^^"^' r^^^^-^ ^^^^^^^- over against tbe other corporation or person for and mav PntV.r«o oorpor.t,„n or person shall be or be made a /art7.o",he «« o'n nr 106 Chap. 184. THE MUNICIPAL ACT. Soc. 681 (4). Jurisdiction of county councils over roads and bridges. and if it shall be established in the action as against the other corporation or person that the damages were sustained by reason of an obstruction, excavation or opening as aforesaid placed, made, left or maintained by the other corporation or person ; and the municipal corporation may in such action have the other corporation or person added as a party defendant or third party for the purposes hereof if the same is not alreadjr a defendant in the action jointly with i;he municipal corpor- ation and the other corporatio.i or person may defend such action as well against the plaintlfiF's claim as against the claim of the municipal corporation to a remedy over ; and the Court or Judge upon the trial of the action way order costs to be paid by or to any of the parties thereto or in respect of any claim set up therein as in other cases. 60 V. c. 29, s. 33. County Roads and Bridges. 538. The county council shall have exclusive . jurisdiction over all roads and bridges lying rithin any < wnship, "-^wn or village in tlie county, and which the coui.oil by by-mw assumes with the assent of such township, town or village municipality as a county road, or bridge, until the by-iaw has been repealed by the council, and over all bridges across streams separating two townships in the county, and over all bridges crossing streams or rivers over 100 feet in width, within the limits of any incorporated village in the county, and connecting any main highway leading through the county, and over all bridges over rivers forming oi crossing boundary lines between two municipalities. 46 V. c. 18, s. 532 ; 50 V. c. 29, 8. 34. Boundary 533. Any county council may assume, make and maintain lines may be ^^j^y township or county boundary line at the expense of the "unty'"'^^^ county, or may grant such sum or sums from time to time for the said purposes as they may deem expedient. 46 V. c. 18, s. 533. ImrToving and Maintaining County Roads. 534. When a county council assumes, by by-law, any road or bridge within a township as a county road or bridge, the council shall, with as little delay as reasonably may be, and at the expense of the county, cause the road to be planked, gravelled or macadamized, or tha bridge to be built in a good and substantial manner ; and further the county council shall cause to be built and maintained in like manner, all bridges on any river or stream over 100 feet in width, within the limits of any incorporated village in the county, necessary to connect any main public highway leading through the county. 46 V. c. 18, 8. 534 ; 50 V. c. 29, s. 35. Boads or bridges as- sumed by county coun- cils. Maintenance of certain bridges in villages. Sec. 088. THE MUNICIPAL ACT. Chap. 184. 197 535.— (n It shuU be the duty of county counoilg to erect Bri.igea ' ana maintr > bridges over rivers forming or crosBir.K boundary between niu- lines between two municinolitiea (other than in the case of a '"***''"•'• city or separated town) within the county ; and in case of a bridge over a river forming or crossing a boundary line be- tween two or more counties, or a county, 'city or leparotod town, such bridge shall bo erected and maintained by the councils of the counties, or county, city rnd separated' town respectively ; and in case the councils fai. to agree as to tho respective portions of the expense to be borne by the munici- pa ities interested, it shall be the duty of each to appoint arbitrators as provided by this Act, to determine the pro- portionate amount to be paid by each, and the award made shall be final. (2) A road which lies wholly or partly between tv,o munici- palities shall be regarded as a boundary line within the JTieanng of this section, although such road may deviate so that it IS in some place oi places wholly within one of the municipa.ities, and a bridge built over a river crossing such road where it deviates as afort..>aid shall be held to be a brid • over a river crossing i boundary line within the meaninc of this section. 48 V. c. 89, s. 22. * Maintaining Tow i> ship Roads. 536. All township boundary lines not assumed by then i county council shall be opened, maintained and improved byKr^,- the township councils, except where it is necessary to erect ^'^'^^^l ^y or maintain bridges over rivers forming or crossing boundary oZ*L lines between two municipalities. -16 v! c. 18, s. 536. ^''''"""^«'- 531 Township boundary lines forming also the county T.wn.hin boundary lines, and not assumed or maintained by the respec- boundariL. tive counties interested, shall be maintained by the respective ^•^'"8 ^^ townships bordering on the same, except where it is necessary h"""*^ ^°"°" to erect or maintain bridges over rivers forming or crossing '" boundary lines between two municipalities. 46 V. c. 18, s. .537. Roads tinder Joint Jwisdiction. 538. In case a road lies wholly or partly batween a 'bounty, joint iurkdic. city, town, township and incorporated village, and an adjoining tionoi/rceJ. county or counties, city, town, township or incorporated **'^ ^'^''• village, the councils of the municipalities between which the road lies shall have joint jurisdiction over the same although the road may so deviate as in some places to be wholly or m part within one or either of them ; and the said road shall not include a bridge over a river forming or crossing the boundary line between two municipalities, other than counties. 46 V. c. IS, 8. 538. (J » I I 198 Chap. 184. THE MUNICIPAL ACT, Sec. 539. Both councils 539. No by-law of the council of any one of such munici- mvat concur palities with respcct to such last mentioned road or bridge, respecting shall have any force until a by-law has been passed in similar them. terms, as nearly as may be, by the other council or councils having joint jurisdiction in the premises. 4:6 V. c. 18, s. 539. Arbitration if 540. In case the other council, or councils, for six months they do not afjgj. notice of the by-law, omit to pass a by-law or by-laws in concur. similar terms, the duty and liabilities of each municipality in respect to the road or bridge shall be referred to arbitration under the provisions of this Act. 46 V. c. 18, s. 540. Transfer of former Powers of Justices in Sessions to County Councils. Certain pow- 541. AH powers, duties and liabilities which at any time ers of judtices before the Ist day of January, 1850, belonged to the magis- in sessions trates in Quarter Sessions, with respect to any particular road county coun- fi bridge in a county, and are not conferred or imnosed upon oils, ny other municipal corporation, shall belong to the council of the county, or in case the road or bridge lies in two or more counties, to the councils of such counties; and the neglect and disobedience of any regulations or directions made by such council or councils shall subject the offenders to the same penalties and other consequences as .the neglect or disobedience of the- like regulations of the magistrates would have subjected them to. 46 V. c. 18, s. 541. Boads, etc., provincial works vested in Her Majes- ty, etc., not to be inter- fered with. ProclaL^ation by Lieut. - Gov. as to roads, etc., under control of Commis- sioner of Pub- lic Works. Ordnance roads, lands, etc. Roads vested in Her Majesty. 543. No council shall interfere with any public road or bridge vested as a Provincial work in Her Majesty, or in any public department or board, and the .Lieutenant-Governor shall by order in Council have the same powers as to such road and bridge as are by this Act conferred on municipal councils with respect to other roads and bridges : but the Lieutenant-Gover- nor may, by proclamation, declare any public road or bridge, under the control of the Commissioner of Public Works, to be no longer under his control, and in that case after a day named in the proclamation, the road or bridge shall cease to be under the control of the Commissioner, and no tolls shall be thereafter levied thereon by him, and the road or bridge shall thenceforth be controled and kept in repair by the council of the munici- pality. 46 V. c. 18, 8. 542. Roads on Dominion Lands. 543. No council shall pass a by-law — I. For stopping up or altering the direction or alignment of any street, lane or thoroughfare made^or laid out J)y Her Majesty's Ordnance, or the friucipai Secreta^ of State iu whom the Ordnance Estates became vested under the Statute I Sec. 546. THE MUNICIPAL ACT. Chkp. 184. 199 of the Province of Canada passed in the 19th year of Her 19 v. o. 46- Majesty s reign, chapter 45, or the Consolidated Statute of <^°''- S*»*- Canada, chapter 24. respecting the Ordnanca and Admiralty J^V's'^" lands, or by the Dominion of Canada ; or c 65. " u ?j F^^, opening any such communication through any lands Dominion held by the Dominion of Canada ; or ° . •' lands, wnri- v«!r?-"°H, ""n^ -"^ ''".^ff' ^5^''^' ^°^^' 'I'^^y ^^ other Bridges, etc.. work vested in the Dominion of Canada; or »> <*. 4. Interferring with any lAnd resei ved for military, purposes, Military or with the integrity of the public defences,— •' ^ r 'ij^ds. without the consent of the Government of the Dominion ofNottob«i„ Canada; and a by.law for any of the purposes aforesaid shall SJ^dlaTh De void unless it recites such consent. 46 V. c. 18, s. 543. without oon- sent of Jioads necessary /or Ingress and Ear ess. Dominion. 544.- (1) No council shall close up any publie road or hiehwav n i * whether an original allowance or a'road^pened by the |uarS t^cS °o°a*d sessions or any municipal council, or otherwise legally estab- '^l^i'-^d for lished, whereby any person will be excluded from ingress and '"^'"^''' . egress to and from his lands or place of residence over fuch road! ^'""' unless the council, in addit'on to compensation, also prol Proviso vides for the use of such person some othe? convenient road or way ot access to the said lands or residence. 46 V. c. 18, s. 544. (2) If the compensation offered by the council, to the owner . ot the lands, or the road provided for the owner in lieu of the original road as a means of egress and ingress, is not mutually apeed upon between the council and the owner or owners, (as the case may be) then in such case, the matters in dispute ahall be referred to arbitration, under the provisions of this Act is- specting arbitration. 49 V, c. 37, s. 15. Width of Roads. inn1?* f^° ''?r"^^ii'4^ ^^^ °"* *"y ^o^'J or street more than width nf roador'«r/-'°-f ^r* ^" w'-^h, except where an existingS'"' road or street is widened, or unless with the permission of thf council of the county in which the municipality is situate out anyroad when altered, may be of the sLe width as fc S- S ^ f T ^^^l^'J l^ ''T* '^*" ^« ^^id o"t by any owner 1 n^l f fv.^''' ^'^^> ?*° ^^ ^^«*' ^^t^o'^* th« consent of the council of the municipality. 46 V. c. 18, s. 646. Notices of By-laws affecting Pullic Eoads. 54e. No council shall pass a by-law for stopping ud alter n a-.- "froffrSttrr^ ^ ^?"^"^ any origina?alLa'nc:t?-drto roau, or tor establishing, oneninff. stonninw im u\^^^\ ;j__ Dassin^ bo-. m^^diverting or selling any other public Vhway/roa^ ■8rr;:t {ra^orS ' ' lie roads. 1 J \ -■ 200 Sec. 546 (1). THE MUNICIPAL ACT. Chap. 184. Notice to be posted up. And pub- lished in a newspaper. 1. Until written or printed notices of the intended by-law have been posted up one month previously in six of the most pubKc places in the immediate neighbourhood of such original allowance for road, street or other highway, road, street or lane ; 2. And published weekly for at least four successive weeks in some newspaper (if tiiere be any) published in the munici- pality ; or if there be no such newspaper, then in a newspaper published in some neighbouring, municipality ; and, in either case, in the county town, if any such there be ; Parties preju- 3, Nor until the council has heard, in person or by counsel dicially af- or solicitor, any one whose land might be prejudicially affected heS.*° ^^ thereby, and who petitions to be so heard ; Clerk to give i. And the clerk shall give sucli notices at the request of the notices on the applicant for the by-law, upon payment of the reasonable exJS^es."^ expenses attendant on such notices. 46 V. c. 18, s. 546. Provision' ■where price settled by agreement. 5. In case the council of a township or an incorporated village, and property owners interested in lands required to be taken possession of, for establishing a public road, mutually agree as to the recompense or price of such lands, the council may accept a deed or deeds for the sanr^', which shall be registered as provided by section 547 of this Act, and in such case the publication of any by-iaw in the manner required by sub-section 2 shall be dispensed with. 50 V. c. 29, s. 37. Registration of Road By-laws. By-laws under which roads are opened on private pro- perty to be registered. 541. — (1) Every by-law passed since the 29th day of March, 1873, or hereafter to be passed by any municipal council, under the authority of which any street, road or high- • way has been, or is, opened upon any private property, shall, before the same becomes effectual in law, be duly registered in the registry office of the registry division in which the land is situate ; and for the purpose of registration a duplicate original of the by-law shall be made out, certified under the hand of the clerk and the seal of the municipality, and shall be registered without any further proof. As to by-laws (2) Every by-law passed before the said day and every passed before order and resolution of the Quarter or General Sessions, passed ?R7Q ^"''^* before said day, under the authority of which any street, road or highway has already been opened upon any private pro- perty, may, at the election of any party interested, and at the cost and charges of such party or municipality, be also duly registered, upon the production, to the registrar, of a duly certified copy of the by-law under the hand of the clerk of the municipality and the seal of the municipality, or by a duly certified copy of such order or resolution of the Quarter or Sec. 549 (2). THE MUNICIPAL ACT. Chap. 184. 201 General Sessions, given under the hand <{f the clerk of the peace, as^the case may be. 46 V. c. 18, s. 547. .W Jclp . DtspuU8 respecting Roads- Adminiatration of Oaths. roa^dl^lLU'cL ?or SLl"lin^^^^ within thp nnn-nJ. /' . ■^\ ''^"n'lanes or concessions, minister oath, within the cognizance of and in the course of investiiration ^'^ "'''•*'^'» before a municipal council, the head of the Zncmav "''''• administer an oath or affirmation to any party or witS examined upon the matters in dispute. 46 V. c. 18, s754^ Mistakes in Opening Road Allowances. 549.— (1) In case any municipality in whose iurisdio tion an original road, or allowance for road Ts s tuate shail" open that which they take and believe to be the true site servants'Sract in' ^^^ ?« --f PaHty, their officers and servants, shall act in good faito, and shall take all reasonablp means to inform themselves of the correctness of theirTne and work, and m case it appears that the road being opened although not or not altogether upon the true Une of thf o^SaaJ roK allowance for road, is nevertheless, from any difficuhv in dis covering correctly the true line, as near to, or as nearly udJ^"' he true line as under the circumstances could th^ be ascC TnicVality'iheirtffi" '^ '""^'* ""^ ^^^ persoragaiLrX municipality, their officers or servants, for or in resnppf nf tlin opening of such road, or allowance f^r road or foT any otJe sale.' "'"" "''*"^^" ^^'^'^^^'^^ -^^b or'arising froV th" (2) The municipality shall, however, in any case respecting x. •• SrsationinV^ll.f n ''"'' '? *^' same, reasonable com-Pensation. sCe Provided hP A' T'' ""u^ "' " ^^^^ ^^ii\^^x.,^l of the same, -frovided the claims for such compensation shall be made* within one year from the time of the laying out or taking nos ''""'°- ' session of such road by the municipality or its officer or ^th^ TtLe^'nt if tr"':?' "'^^' oofrpenUon^s cSed a'd erms of suth p1' P'''?' '^'l ^^'''^^"« ^« *« ^^^ «°>ount or terms ot such compensation, the same shall be ascertainod nnd he paynaent thereof enforced, under the provi ions of This let relating to arbitrations. 46 V. c. 18, s. 549. Municipality and officers therbof pro- tected from actions arising from mistakes in opening road allow- ances. I 2U2 Sec. 550. THE MUNICIPAL ACT. Chap. 184. Division II. — Po^vBR8 of Counties, Townships, Cities, Towns and Incoeporatbd Villages in Relation TO Roads and Bkidges. General Powers. Sec. 560 (1, 2). Respecting Tolls. Sec. 550 (3-5). '' Timber, Stone, etc., on Road Allowances. Sec. 550 [6). " Privileges to Road or Bridge Companies. Sec. 550(7). " Procuring Materials for Constructing or Repairing Roads. Sec. 550 (8). Road Allowances. Sees. 550 (9), 551-553. " Aid to adjoining Municipalities in Making Roods or Bridges. Sec. 554. „ , 550. Tho council of every county, township, city, town By-lawsmay , . , j •n l i r? .<> be made for— and incorporated village may pass by-laws — General Powers. Opening or stopping up roads, etc. 1. For opening, making, preserving, improving, repairing, widening, altering, diverting or stopping up roads, streets, squares, alleys,. lanes, bridges, or other public communications within the jurisdiction of the council, and for entering upon, breakinti; up, taking or using any land in any way necessary or convenient for the said purposes, subject to the restrictions in this Act contained ; and for preventing and removing any obstruction upon any roads or bridges within its jurisdiction, and also for permitting sub-ways for cattle under any high- way ; Boads across 2. For establishing, opening, making, preserving, improving, raUway lands, maintaining, widening, enlarging, altering, diverting or stopping up, within the limits of the municipality, any highway through, over, across, under, along, or upon the railway and lands of any • railway company, and for entering upon, breaking up, taking or Rev. Stat. c. using any such land in any way necessary or convenient for the 199. said purpose ; but subject to the provisions contained in The Railway Streets and Drains Act., and ^provided that the high- way is within the jurisdiction of the council ; Tolls. Raising 3. For raising money by toll on any bridge, road or other money bytoll- Work, to defray the expense of making or repairing tho same ; Making regu- 4 Yox making regulations as to pits, precipices and deep dtJ.gwo^a**' waters, and other places dangerous to travellers ; places. g j,^^ granting to any person, in consideration or part deration of planking, gravelling or macadamizing a road, ilding a bridge, the tolls fixed by by-law to be levied Granting. .. c-nnsi Sec. 560 (9). THE MUNICIPAL ACT. Chap. 184. 203 on the work for a period of not more than twenty-one years after the work has been completed, and after such completion has been declared bv a by-law of the council authorizing tolls to be collected ; and the grantee of the tolls shall, during the period ot his right thereto, maintain the road or bridge in repair ; Timber, Stone, ete., on Road Allowances. 6. For preserving or selling timber, trees, stone, sand orFo- «, C'tl Ll'l'fl'^T-"""" or appropriation for' a public ro^XlT^Zr b..t this shall be subject to the provisions of TheAct respecting '^^^^^ etc. Timber m Fuhhc Lands vei^ix^Q to Government road allow- Rev. Stet. c. and the granting ot Crown timber licenses ; 28. Granting Privileges to Roads or Bndge Companies. 7. For regulating the manner of granting to road or bridge a .• )tnpan.es permission to commence or ,)rnn«.H tui, ' „^. !! ,^L*i*'"« P"" , and lor regulating the manner ™**^*'''''"<^«e the nnmnl«fi"<^n -^f *l,„ i. .. companies. bridges within its jurisdiction, ana lor regulating the manner ot ascertaining and declaring the completion of' the work go ""'"P*""'' as to entitle such companies to levy tolls thei'eon, and for regu- atiDg the manner ot making the examinations necessary for 18, 8. 550 (1-7). See Cap. 159. Procuring Materials f(yr Constructing or Repairing. 8 Forseardnngfor and taking such timber, gravel ' stone Power to take or other materia or materials (within the municipality) ks ravSteriJls*fS' be necessary for keeping in repair any road or highway within '°*^''- the muniaipahty ; and, for the purpose aforesaid, with the con sent of the council of an adjoining municipality (by resolution expressed), for searching for and taking gravel within thelimks tT^ adjoining municipality ; and the right of entry upon such lands, as well as the price or damage to be paid to any person or such timber or materials, shall, if not agreed upon by the parties concerned, be settled by arbitration under the pro- visions ot this Act ; ^ {a) But no such gravel shall be taken or removed from the premises of any person in an adjoining munici- pality until the price or damage has been agreed upon between the parties, or settled by arbitration. TO V , C, Di7j 8. £iO% Selling Road Allowances. 9. For selling the original road allowance, to the parties w>. .k next adjoining whose lands the same is situated when aS icrrutay road has been opened in lieu of the original road allowance «*»? "P^rTeU and lor the site or line of whir-h PQtrui«nc!o<-,-Qp j,gg k„__ . -I'aroadallow- and for selling, in like manner, to the'owricrs of 'any^adjointng '"°'- aj|ji|^< ■ 204 Chap. 184. THE MUNICIPAL ACT. Sec. 551 (1). land, any road legally stopped up or altered by the council ; and in case such parties respectively refuse to become the purchasers at such price as the council thinks reasonable, then for the sale thereof to any other person for the same or a greater price. 46 V. c. 18, s. 550 (9). When a road 551.— (1) In case any one in possession of a concession road is Bubstituted or side line has laid out and opened a road or street in place for an ori- tij^jj-gof -^ithout receiving compensation therefor, or in case a fn^ce without new or travelled public road has been laid out and opened in compensation ijeu of an Original allowance for road, and for which no com- to person pgnsation has been paid to the owner of the land appropriated 7S,mob" as a public road in place of such original allowance, the owner person, if he if his lands adjoin the concession road, side line, or original «T.°? 1*°'^ allowance, shall be entitled thereto, in lieu of the road so laid be^entitledtoout, and the council of the municipality, upon the report in original road, writing of its Surveyor, or of a deputy provincial land sur- veyor, that such new or travelled road is sufficient for the purposes of a public highway, may convey the said original allowance for road, in fee simple, to the person or persons upon whose land the new road runs. Compensation (2) When such original road allowance is, in the opinion to party of the council, useless to the public, and lies between lands tieni^'* owned by different parties, the municipal council may, subject doern^t own to the conditions aforesaid, sell and convey a part thereot"^ to land adjoining ga,ch of such parties, as may seem just and reasonable ; and in original road. ^^^^ cbmpensation was not paid for the new road, and the person through whose land the same passes does not own the land adjoining the original road allowance, the pmount re- ceived from the purchaser of the corresponding part of the road allowance when sold shall be paid to the person who at the time of the sale owns the land through which the new road passes. 46 V. c. 18, s. 551. Possession of Unopened Road Allowances. Original al- 552. In case a person is in possescion of any part, of a lowances for government allowance for road, laid out adjoining his lot and beieem^eT * enclosed by a lawful fence, and which has not been opened for legaUyposses- public use by reason of another road being used in lieu thereof, sed till a by- qj, jg j^ possession of any government allowance for road par- foroXng'^ allel or near to which a road has been established ty law in lieu them thereof, such person shall be deemed legally possessed thereof, as against any private person, until a by-law for opening such allowance for road has been passed by the council having jurisdiction over the same. 46 V. c. 18, s. 652. Notice of By-laws for Opening such Allowances. Notice of by. 55». No such by-law shall be passed until notice in^ writing law to be has been leen given to the person in possession, at least eight days . . .1 J.: ~C 4.1,-, ,...,.i.^^;i fViat an ar>nli«»utinn will he DeiOrC lUC mUUtmg Ul tue v^runvi!, IS...V -J.J -- made for opening such allowance. 46 V. c. 18, s. 553. Sec. 657. THE MUNICIPAL ACT. ' Qhap. l84. 206 Aiding in making Roads and Bridges. . ar^nttJ'^^ ."^"""^ Z-"?^ municipality may pass by-laws for By.law»toaid granting aid to any adjoining munipipality in making, opening '^^o^^^e maintaining widening, raising, lowering, or otherwise improvl To^n^^*"*/ ing any highway, road, street, bridge, o'r communicaLn ^pasl ?tc?^ " ™*^''* ing from or through an adjoining municipality. 46 V. c. 18 i- Division III.-Powers of Townships, Cities, Towns, and VILLAGES IN Relation to Roads and Bridges. Aiding Counties in opening New Roads. See. 655 (l) Joint works with other Munimpaliiies. Sec. 655 (2) Aepazr oj Township Roads, how enforced. Sees. 556-564. 555. The council of every township, city, town and incor-R^i porated village may pass by-laws- ^' ^' '"'°' &: ZL New Roads. mk m?,n;^'*°rl°^r*'' *^^ f"?*^ °^ "'^^^''^ ^'^"^t^^^ J" which Aiding coun- such municipality lies, aid, by loan or otherwise, towards open- ««« i" making Scip'am;? "^ ""^ "'' '' '"^^^ ^'^ *^^ ^«"°^^ '' suchrir Joint Works with other Municipalites. an!n^w'!l*'"°f -"^a^"** performing any arrangement with Joint works any other council in the same county or united counties for ^'*h other executing at their joint expense and for their joint benefit, any tT-'^''^'^^" work withm the jurisdiction of the council. 46 V. c. 18, s. 555. Repair of Township roads—how enforced. =i,-?^v?" Y^'°f «'' township councils fail to maintain town- ship boundary lines not assumed by the county council in the'^°'^?^iP.,. r:h:r?to"bfb" 'T'\ -^^^'V-^-l agreement"as'?:to7ei:r« the share to be borne by each, it shall be competent for one or *li«''- duty, more of such councils to apply to the county council to enforce joint actioii on all township councils interested. 46 V. c. 18 S. DuD, ' neS iVfr''. ''^''' '" *^/ township councils interested Resident rate- neglect or refuse to open up and repair such lines of road in a Payers may manner similar to the other local roads, it shall be competent f*^*'"'' ?,°^- on' \S'''^^\i\''''^P''\ T""'^' °" '^' 1°*« borSeHng^^^tt on either or both sides of such line, to petition thA nnnnf^ineupofroad. ZlTl *'! ^1^°''''^ -^^ °P'"^"S "P «'' ^^P*^'- of such lineTjf roaa by the township councils interested. 46 V. c. 18, s. 557. i'] :m: 206 Chap. 184. THE MUNICIPAL ACT. Sec. 558. Action by 558. A county council receiving such petition either from county coun. township councils or from ratepayers, as in the preceding section tion" ^** mentioned, may consider and act upon the same at the session at which he petition is presented. 46 V. c. 18, s. 558. Amount, etc. to be fur- ♦•.ished. by each town- ■hip. 559. ?'he county council may determine upon the amount which ea '" ^^'''^ the township Who to oon- nrst making the apphcation is situated, shall be the convener of^«°«.«to- the meeting; and ft shall be his duty 'to notify the waX o^ the other county and County Judge^f the tiW ancTpface of meeting within eight days of the time of his receivinrsuch application. 46 V. c. 18, s. 568. '«"^eiving sucn anftto'^oVtremTari !^' wardens and County Judge, or What th. any two o them, shall determine on the share to be borne bv ^'"^'^'" «»d the respective townships, of the amount required o,^he Dart Tll*^.^"^^^ Tpp^t a c'olir"^' ""P*'"^ ^^ ^^^'^^ both and sKSS. tr wo?k and ?t rrr^i^'' ^,^^^^%^^onerB to superintend such pav the ordl .f .k' *''' ^""'^ '^ '^' ^^'^"^^'P '^^^^^^er to pay the orders of the commissioners to. the extent of the sum apportioned to each ; and pathmasters controlling the statZ wT'l'''' ^«*«/dJ«ining such- line, on the portion of 8uch omm ssion'^r'^or'^ "' "^""^' ^1^^" °^«^ ^^^ ord^s of tSe commissioner or commissioners in performing the statute labour unexpended. 46 V. c. 18, s. 564. statute Division IV.-Powbrs of County and Township Councils IN RELATION TO RoADS. Sale or Learn of Minerals on or under Roads. mdor any roads over ;rhich the township or oountr n.^"""^- ha.oj„ri8d.ot.on,,f considered expedient so to do. ^ ^ „„i^' "? '.f ^ '"'', '"' ''"=» »>">" 'ate place until after d»» ,h. i *f. '"',«»'i«'i by-l™ has been posted up ih six off" 'tn"',. md ?o" 'afl?'""" '" t '°"""''«° n4hbourhLdor,uchLo"'o. '"'■"" road for public trav^el^Tid^'" llreS;r^r.nrur ortL^'^rLEed'?™^^^^^^^^^ rights interfering with pablio travel. 46 V. o. 18, s 667* ""'""^ 208 Chap. 184. THE MUNICIPAL ACT, Sec. 566 i'^-'i I'- in certain cases. Division V. — Powers op County Councils in relation to KOADS AND BrIDOBS. liespecting the closing of Road Allowances. Sec. 566 (1). " The opening and altering of Roads. Sec. 566 (2). " Trees obstructing highvmys. Sec. 566 (3). " Double tracks in Snow Roads. Sec. 566 (4). " Aid to Townships. Sec. 56o (6). " Repair of County roads in local Municipalities* Sec. 566 (6, 7.) By-la-wB for— **^- "^^^ cmncil of every county shall have power to pass by-laws for the following purposes : Closing Road Allowances. Disposing of 1- For stopping up, or stopping up and sale, of any original ori^aliSlow- allowance for roads or parts thereof within the county, which ance for roads jg gubject to the sole jurisdiction and control of the council, and not being within the limits of any village, town or city within or adjoining the county ; but the by-law for this purpose shall be subject to section 546 oi this Act ; Opening and Altering Roads. Open'.ug.etc., 9 For opening, making, preserving, improving, repairing, roads, etc^ widening, altering, diverting and stopping up roads, streets, tStens°evSalBqua^es, alleys, lanes, bridges or other public communications, munioipali- running or being within one or more townships, or between ties. t^o or more townships of the county ; or any bridge required to be built or made across any river over lOO feet in width within any incorporated village in the county connecting any public highway leading through the county, and which is in continuation of a county road, or between the county and any adjoining county or city or separated town, or on the bounds of any town or incorporated village, within the bound- aries of the county, as the interests of the inhabitants of the county, in the opinion of the council, require to be so opened, made, preserved and improved; and for entering upon, break- ing up, taking or using any land in any way necessary or convenient for the said purposes, subject to the restrictions herein contained ; 46 V. c. 18, s. 565 (1, 2). Trees obstructing Highways. May direct 3. For directing that, on each and either side of a highway, the trees to be mi(Jer the jurisdiction of the council, passing through a wood, eipb'^Rfde°of tte trees (unless such as are reserved by the owner for orna- Wghways. ment or shelter) ahall, for a space not exceeding twenty-nve feet Sec. 666. (7). THE municipal act. Olmp. 1B4. 209 the Zl^h f' °f.-^° '"^^^^y- ^' «"' ^°^" '^nd removed by the propi etor, within a time appointed by the by-law or in hi« me irees to be U8cd by the overseer or other officer for anv purpose connected with the improvement of the highways and bndgesin h,8 division, or to be 3old by him to deC t^e ex pen es of carrying the by-law into effect ; and the councU mav further pay such expenses out of county funds ; ^ DouUe Tracks on Snow Moada. 197. Aiding Townships, etc. last' i^Thf coIJntl *°-rK^ 'r"' '"^'^^'^^P ^' incorporated vil- For aiding 1/LtJ *^' *''^' ^y '°*" °'' otherwise, towards oDeninff^^kingo? or making any new road or bridge in thfl tnwn w ^- ^'•"^'l^^n'i village, in cases where the councH deems the co;ntv?^f '''"'«"• sufficiently interested in the work to TlfL i? ^ ^ ""'^^ but not sufficiently intere fed To iustifv fh« ^. , ^^^'^t^^-^e* «r7*^eing n^qnmJnrr tv,^ c "''■cieaitu lo justity the council m at once '^^''«°*"fe8 of Tn T !i ^^ '^"'' as a county work, and also for euarantPP '*'°*^ '""'»*«'■ ng the debentures of any municipality within the fountv a/'"*"'' the council may deem expedient ; county, as Bepair of County Roads in local Municipalities. andmaintained'bysuchrrmtl;'^^^^^^^ 7. For abandoning or otherwise disoosin^ nf fhc. «,v,«i J 14 210 Ohap. 184. THE MUNICIPAL ACT. Sec. 667- ? Division VI. — Powebb of Township Councils in relation TO RoADfl AND BbIDOES. Aiding Counfiea. Sec. 867 (1). Closing Road Allowances. Sec. 667 (2V Trees obstructing highways. Sec. 567 (8). Footpaths. Sec. 567 (4). Sale of Roads in Villages and Hamlets. Sec. 568. By-laws for— ffOl. The couDcil jf every township may pass by-laws — Aiding Counties. Aiding ad- joining coun- ty in making roads, etc., and granting aid to county for roads as- sumed by county. 1. For granting to any adjoining county, aid in making, opening, maintaining, widening, raising, lowering or otherwise improving any highway, road, street, bridge or communication lying between the township and any other municipality, and for granting like aid, to the county in which the township lies, in respect of any highway, road, street, bridge, or communica- tion, within the township, assumed by the county as a county work, or agreed to be so assumed on condition of such grant; Closing Road Allowances. Stojpplng up, 2. For the stopping up, leasing or sale of any original al- leasing or sale jQy,j^jjgg f^^j. j.qq^^^ or any part thereof, within the municipality, roaTdlow- and ibr fixing and declaring therein, the terms upon which the ance. same is to be leased, sold and conveyed ; Pronso. S'^t no such by-law shall have any force — (a) Unless passed in accordance with section 546 of this Act, nor ,(6) Until confirmed bv a by-law of the council of the county in whicn the township is situate, at an ordinary session of the county council, held not sooner than three months nor Inter than one year next after the passing thereof, Trees obstructing Ilighvjwys. Ordering trees 3. For directing that, on each or either side of a highway, to be cut under the jurisdiction of the council, passing through a wood, down on each ^j^g ^^.^^g (unless such as are reserved by the owner for orna- side of a road. ^^^^ ^^ shelter) shall, for a space not exceeding twenty-five feet on ea-^h side of the highway, be cut down and removed by the , proprietor within a time appointed by the by-law, or, on his default, by the overseer of highways, or other officer in whose Sec. 668 (2). THE MUNICIPAL ACT. Chap. 184, 211 di won the land lies ; and, in the latter case, for aathorizing the trees to be used by tho ..vorseer or other officer for any purpose connocted with tJje improvement of the highways and bridges in his division, or to be sold by him to defray the expenses ot carrym- the by-law into effect; and the council may grant, out of township funds, any money that may be necessary to pay tor cutting down and removing such trees ; Footpaths. 4 For sotting apart so much of any highway as the couri- Footpath, cil may deem necessary for tho purposes of a footpath, and for imposing penalties on persons travelling thereon on horseback or in vehicles. 46 V. c. 18, s. 666. "««oacK Sale of Roads in Villages or Hmtlets. 568.— -(1) In case the trustees of any police villat/o nr flf wn. teen of the inhabitant householders of a^n^ oVvS.:^^t^^!:t. atea village or hamlet consisting of not less than twenty I'*?^''^^ cer- dwelling houses standing within an area of 200 acres noti ^'""^^^^^ tion the council of th! township in which the v^llVtu^.tft.. ' n.^ !^ 18 Situate, and in case tho petition of such unfncor^y ^''-'^Wp porated village or hamlet, not being a police village, is ac-"""''"'^- companied b^ a certificate from^ the registrar of the Dlffo7tl.f'Mr" ^^\'"",^bich the townshfp lies, that a plan ot the village or hamlet has been duly deposited in his b^wT'"';'^'"^ ^"^ ?' 'I^'^'y ^^^«' ^^« ««""«il 'nay pass a o£ in„l Ji P""P' 'f ^°^ T:'^y^ ^' «^^«''^i«« deal witE any h Tk- . f ""^^f' r ^^^ '*™^ «b^" be laid down on the plan, reflr "nt'totV'^ 1^'%'^'}^}''^^, contained in this Act^with reterence to the sale of original allowances. (2) The preceding sub-section shall apply to a village or wi, •„ fnTirlSnetrSr' r-^^ips, whether'L^ch townshl;!' are' i??^ly^ oVeacrS^th« ^ ^'^"t*-'°""u''??\^°^ ^° ^"«b case the council r^of>o ot each of the townships shall have the power thereby con- **"^'''^P'^ part of th*' -^ -rigif ^!illowance for roaS lying wi hi^ Z part of the village or hanilet which, according to the registered plan, IS situate within such township. 46 V. c. 18, as. 668 569 212 Chap. 184 THE MUNICIPAL ACT. Title iii* TITLE III —POWERS OF MUNICIPAL COUNCILS AS TO DRAINAGE AND OTHER IMPROVMENTS PAID FOR BY LOCAL RATE. Div. I._TowNSHiP8, Cities, Towns] and Villages. Div. II.— Townships and Villages. Div. III.— Counties. Municipalj councils may pass by-laws for deepening streams, etc., drainage, etc. Examination by engineer. Plane and eatimates. Division I.-Local Improvements in Townships, Cities, Towns and Villages. Local Drainage By-laws, and fund for. Sees. 569,570 Complaints respecting assessments, how tried, bee. ob9 (lU-15). Quashing hy-lawB, limitations respecting. Sees. 571-574. Extension of works toother Municipalities. Sec. 575. Mode of apportioning cost. Sees. 576-582. ' Who to keep in repair. Sees. 583-590. Damage done hy works. Sec. 591, 592. Drainage by private j^'^rsens. Sec. 593. Farth, etc., may be spread on road. Sec. 594. Part of cost payable by Municipality. Sec. 5Q5. Con%t/rmtion of ditch on town line between tioo Municipali- ties. Sees. 596, 597. Construction of works affecting several Mumeipahttes tn same County. Sees. 598, 599. Construction of works affecting several Municipalities in different Counties— Procedure. Sees. 600-611. Cost of localinvprovermnts. -^ecs. 612-628. Sweeping, watering and lighting streets. Sec. 629. Drainage Works. 569. In case the majority in number of the persons, as shewn by the last revised assessment roll, to be the owners (y?hether resident or non-resident) of the property to be bene- fited in any part of any township, city, town or incorporated village, petition the council for the deepening or straightening of any stream, creek, or water-course, or for draining of the property (describing it), or for the removal of any obstruction which prevents the free flow of the viaters of any stream, creek or water course, as aforesaid, or for the lowering of the waters of any lake or pond, for the purpose of reclaiming flooded land or more easily draining any lands, the council may procure an engineer or provincial land surveyor to make an examination of the stream, creek or water-course proposed to be deepened or straightened, or from which it is proposed to remove obstruc- tions, or of the lake or pond, the waters of which it is proposea to lower, or of the locality proposed to be^ <^[*^^^'^' ^"^ ^^J procure plans and estimates to be made of the -vork ^7 such engineer or surveyor, and an assessment to be made by such Sec. 669 (3 h). THE MUNICIPAL ACT. Chap. 184. 213 I engineer or surveyor of the real property to be benefited by such work, stating as nearly as may be, in the opinion of such engineer or surveyor the proportion of benefit to be derived th'-efrom by every road and lot, or portion of lot ; and if the cr incil 13 of opinion that the proposed work, or a portion thereot, would be desirable, the council may pass by-laws : ^ 1. For providing for the proposed work, or a portion thereof, Fordeepening being done, as the case may be. 46 V. c. 18, s. 570 (1). streams, etc. 2. For borrowing, on the credit of the municipality, the funds Forborrowing necessary for the work, although the same extends beyond the'equi^te limits of the municipality (subject in that case to be reimbursed ^'"''^'' ^**'' as hereinafter mentioned), and for issuing the debentures of the - municipality to the requisite amount, including the costs of arbitration, if any, in sums of not less than $100 each, and payable within twenty years from date, with interest at a rate ot not less than four per centum per annum ; (a) Any council issuing debentures under the provisions Payment of of this section may include the interest on the de-inSfon bentures m the amount payable, in lieu of the inter- debentures est being payable annually in respect of each de- ^°^ ""^^' benture, and any by-law authorising the issue of debentures for a certain amount and interest shall be taken to authorize the issue of debentures, in accordance with this sub-section, to the same amount with interest added, if the council, by subsequent resolution, direct the treasurer to issue debentures m accordance with this section, as aforesaid • 46 V c. 18, 8. 570 (2) ; 49 V. c. 37, s. 20 ; 50 V. c! 6, s. 1.* .Jli assessing and levying in the same manner as taxes Levying rate are levied, upon the real property to be benefited by the work ««• Payment, a special rate sufiicient for the payment of the principal and interest of the debentures, and for so assessing and levying the same as other taxes are levied, by an assessment and rate on the real property so benefited (including roads held by ioint stock companies or private individuals), in proportion, as nearly as may he, to the benefit derived by each lot or portion of lot and road la the locality ; t- ul (a) The cost of any arbitration held in connection with the wi, . .. construction of any works under this section, the ^^1*^ cost ot the publication of by-laws, and all other °°^* "^ «'o'"ks. expenses incidental to the construction of the works and the passing of the by-laws shall be deemed part ot the cost of such works, and included in the amount to be raised by local rate ; (b) Any person whose property has boon assessed for such o . work may pay the amount of such assessment, less °* the interest, at any time before the debanturAa a-e issued, in which case the amount of debentures shall be proportionably reduced ; and •'^.i I 214 ProviBO. Chap. 184. THE MUNICIPAL ACT. Sec. 569 (3 c). For providing how assess- ment be paid. For ascertain- ing thfe pro- perty liable to the rate. Rev. Stat. c. 193,88.64,65 Mode of as- sessing pro- perty. How propor- tion of benefit may be shewn. Petition for draining lauds by embank- ing, etc. Injury to low lymg land. Ic) Any agreement oh the part of any tenant to pay the rates or taxe. of the demised property shall not apply to or include the charges or assessments tor any works under this section, unless such agree- ment in express terms mentions or refers to such charges or assessments, and as payable in respect of drainage works; but in cases of contracts ot purchase or of leases giving the lessee a right of " purchase, the said charges or assessments shall be added to the price, and shall be paid (as the case may be) by the purchaser, or by the lessee m case he exercise such right of purchase ; 4. For regulating the times and manner in which the assess- ment shall be paid ; 5 For determining what real property will be benefited by the works, and the proportion in which the assessment sliould bo made on the various portions of lands so benefated, and subiect in every case of complaint by the owner or person interested in any property assessed, (whether of overcharge, or undercharge of any other property assessed, or that property which shoSld be assessed has been wrongfully omitted to be as- sessed,) to proceedings for trial of such coraplamt and appeal therefrom, in like manner, as nearly as may bo, as on proceed- ings for the trial of complaints to the Court of Revision under The Assessment Act ; 6 The enc^ineer or surveyor in assessing the 'real property to be benefited by any works to be executed under this sec- tion need not confine his assessment to the part ot a lot actually drained, but, in order that the portion to be rated may be conveniently ascertained, may make such assessment on the whole lot, or on the half, quarter, or other described part of the lot, if the person owning the part actually drained ovvus the whole lot, or owns such half, quarter, or other described part of the lot ; 7 The proportion of benefit to be derived from any works, by 'diffe"ent parcels of land or roads may be shewn by the engineer or surveyor by placing sums of money opposite such parcels and roads, and it shall not be deemed to have been necessary to state the fraction of the cost to be borne by each parcel or road ; 8 -The council shall have the like power, and the provi- sions of this section shall apply in cases where the work can be eff'ectually accomplished only by embanking, pumping or other mechanical operations, but in such cases the council shall not proceed except upon the petition of two-thirds ot the owners above mentioned in this section. 4b V. c. i», s. 0'■» Md 'he following sedtbns to et t™that* .t ' otoirotthe -rScLlit"; '"'' -"»!">'-» »7, petition of two-thirHs nf S muuicipahty may, on the only to app y i^cwuuij or iwo-inirds ot the owners appear ne bv thp lasf during tife revised assessment roll to be assessed for work^mentioned in -^ "^ t^: said sub-section, pass a by-law reh-eving the muniS^v from °°""''"- al Labihty under the provisions of section 586; aKer suJh lT\S° Sontfi"f'?l" ''''' ^r P--d the p'Jovisions Oi sam section 586 shall not apply to any of the works mentioned in said sub-section and set forth and desijated in ^said^ last mentioned bj-law. 46 V. c. 18, s. 570 (9)749 V st^ce ly and'befbre thTfi'^ft" • ^ ""f /" '''' ^''' ^^ ^-* «^ in which thftlnrS!,! A ^^ of Revision ot the municipality Rovision to from imp fnt- '7^' ^'^' "^'^'^^ ^O"''* the council shall ^'*^T•'"-ry trom time to time as the occasion may require, hold on som^""'*''*'"''- day not earlier than twenty nor later than tLrty days from he sl2 1 hV M- i'^" •'•^^T ^^^^ fi'-^t published, notice of whch shall be published with the by-law during the first three we^ks upon' r'cloTn^ r' '^' "^*^T '' ^PP«^^ Bhalf reslrved 0^ such Cotrl nf V '• !"""'?.'P^l'ty at least eight days prior 10 sucn Oourt of Revision ; but the Court of Revision m«v thougli such notice be not given permit the appeS to be hS ■* 193, 88. 56-63. tlJ?olHsr;ld"lan"tn»S?'?ole'oo„t^^^ county witlin wlaich enclf munfdp^lityieritaSlt ' ' ' '" and duties, as nearly as mTb/th^^^^^^ nnnn Q,^„o„V f xi."^. ^ ^y ^ 2?' .^ "^^ey havB respectively „ ..j.,...„j„ ,,,,^ ,,,^ ^^„rj ^j iievision under TAe Assessment ^^- Stat. c. ^ 193,88.68-74. I * 216 Chap. 184. THE MUNICIPAL ACT. Sec. 569 (15). I Works to which this section applies. Variations in 15. In case, on any such complaint or appeal, the assess- assessment on ,jjg„^. jg varied in respect of the property which is the subject appeS """^ of the complaint or appeal, the Court or Judge, as the case may be, shall v&ry pro rata the assessment of the said property, and of the other lands and roads benefited as aforesaid, with- out further notice to the i)er6ons interested therein, so that the aggregate amount assessed shall be the same as if there had been no appeal; and the Judge, or in case there is no appeal to the Judge, the Court of Revision, shall return the roll to the municipal cleik from whom it was received, and the asessorss shall prepare and attest a roll in accordance with their original assessment as altered by such revision ; 16. The provisions of this section shall be deemed to extend to the re-execution or completion of any works which have been executed or have been partly or insufficiently executed under any provision of any Act of this Legislature, or of the Parliament of the Province of Canada, and to any works which it may be deemed expedient to dig, construct, or make for the purposes aforesaid, or any of them, provided that the stream, fake, or pond is, for the purposes hereof, within the jurisdiction of this Legislature ; 46 V. c. 18, s. 570 (11-16). 17. In order the better to maintain and operate works constructed under the provisions of sub-section 8 of this sec- tion, the council may pass by-laws appointing one or more commissioners from among those whose lands are assessed for the construction of such works, and the commissioners so ap- pointed shall have full power to enter into all such necessary and proper contracts for the purchase of fuel, repairs of build- ings and machinery, and may do all other things necessary to facilitate the successful operation of such works as may be set forth in the by-law appointing such commissioners ; 48 V. c. 39, 8. 25. 18. Where any obstruction within the meaning of the pro- visions of this section, is wholly situate or existing beyond the limits of the municipality, the same shall for all purposes, and with respect to every provision of this Act, be deemed and taken to be an obstruction, situate and existing partly within and partly without the limits of the municipality, and as if the proposed work or operations in connection therewith, or with the removal thereof, were to be done and performed in part within the limits of the municipality; and in part to be continued and extended beyond such limits, and all the provi- sions of this Act, shall be held and deemed to apply and operate accordingly ; 19. Where such obstruction is occasioned by or is a dam or other artificial structure, the council shall be deemed to have full power to acquire, with the consent of the owner thereof, and upon payment of such pcri-.haae money as may be mutually agreed upon, the right and title to remove the same, wholly or Appointment 01 commis- sioners to carry out drainage works, Provision where ob- struction is situate outside of municipality. Removal of artificial structures. Sec. 570 (1). THE MUNICIPAL ACT. Chap. 184. 217 •in part ; and anj amount so paid or payable as purchase money, shall be deemed part of the cost of the works under this section in connection with the removal of such obstruction, and shall be dealt vyith and provided with accordingly ; 2a The two preceding sub-sections are to be Uaken as Application applying only to cases where the obstruction is actually situate "^ «"b-s^. is or existing in a municipality next. adjoining to the municipality'''''^ ^^• mentioned in such sub-sections ; 49 V. c. 37, s. 22. th!f'JhlrTT^ doubts it is hereby declared and enacted Removal of that where the obstruction referred to in this section is obstructions occasioned by, or is a dam or other artificial structure, and is''^"^^'^- situate^ wholly within the municipality, the council shall be deemed to have full power to acquire, with the consent of the owner thereof, and upon payment of such purchase money as . may be mutually agreed upon, the right to remove the same, wholly or in part ; and any amount so paid or payable as purchase money, shall be deemed part of the cost of the works under this section in connection with the removal of such obstruction, and shall be dealt with and provided for accord- ingly, and where the lands benefited are situated partly in the said municipality and partly in the next adjoining munici! pall y, the special rate suflicient for the payment of the prin- cipal and interest of the debentures and tLe assessment and evymg ot the same shall be made, levied, and paid over by the said municipality, and the said next adjoining munici- pality, in such proportions as the said engineer or surveyor may ' determine and charge upon the lands aforesaid, and in like manner and to the same extent, as nearly as may be as is provided tor by this Act where the lands be^nefited^re situated wholly within the municipality. 50 V. c. 29, s. 54. Provisionally adopted the day of AD Whereas a majority in number of the owners as sliBwn h^r +1,0 1 4. bv fheTr'"*/""^ '' *'^ l"«P^^*y l-rerfS^:rSh\oVe'bene1t;d ihepurport of tl^e petUion, Lribing generally tlle^^^t^U iiZn^^d^] be mal'^br''' *'''''"^°" ? • '"^^ ^''""^'^ I'''°°"^«^ ^» examination to theTJd 'iLuty proposed toTeTred rff 1^7 T"" ^"^T' «^ water-course pro^s ed% be t.^J^^^Ta^l.'teZtt^^^^^^^ procured plans and estimates of the work to be made b?the safd and an assessment to be made by him of the real nrnnZt*!^fo t. v^,„«. , by such drainage (or deepening, or as the case maybeUt^thZ 'asnearlvlf he can, the propornon of benefit which, in his opinion StTiSedx^ i" 1 h 218 Chap. 184. THE MUNICIPAL ACT. Sec. 570 (1). consequence of such drainage (or deepening, or as the ccue may be), by every* road aiA lot, or portion of lot, the said assessment so made, being the assessment hereinafter by this by-law enacted to be assessed and levied upon the lots and parts of lots hereinafter in that behalf specially set forth and described, and the report of the said in respect thereof, and of the said drainage {or deepening, or as the case may oe), being as follows : (here set out the report of the Engineer or Surveyor employed.) And whereas, the sa i I Council are oi opinion that the drainage of the locality described (or the deepening of such stream, creek, or water-course, or as the case may be) is desirable : Be it therefore enacted by the said Municipal Council of the said Town- ship of . pursuant tc the provisions of The Miinicipal Act. Ist. That the said report, plans and estimates be adopted, and the said drain (or deepening, or as the vase may be) and the works connected there- with be made and constructed in accordance therewith. 2nd. That the Reeve of the said Township may borrow on the credit of the. Corporation of the said Township of the sum of , being the fund necessary for the work, and may issue debentures of the Corporation to that amount, in sums of not less than $100 each, and pay- able within years from the date thereof, with interest at the rate of pev centum per annum, that is to say, in {insert the manner of payment, whether in a)ikhal payments or otherwise), such debentures to be payable at , and to have attached to them coupons for the payment of interest. 3rd. That for the purpose of paying the sum of $475, being the amount charged against the said lands so to be benefited as aforesaid, other than lands {or roads, or lands and roads) belonging to the Municipality, and to cover interest thereon for {ten) years at the rate of {five) per cent, per annum, the following special rates, over and above all other rates, shall be assessed and levied (in the same manner and at the same time as taxes are levied) upon the undermentioned lots and parts 'of lotfe ; and the amount of the said special rates and interest assessed as aforesaid against each lot or part of lot respectively shall be divided into equal parts, and one such part shall be assessed and levied as aforesaid, in each year, for years after the final passing of this by-law, during which the said debentures have to run. Conces- sion. 10 LotorPartof Lot. S, N, s.w, S. i and N. 5 , J6 ,i8 9 J 10 Acres. 200 100 50 100 200 150 Chargeable to Municipality for roads (or lands, or roads and lands) Value of Improve- ment. To cover Interest for (10) years at (5) per cent. Total Special Bate. $ rts. 75 00 50 00 30 00 80 00 150 00 90 00 1 475 00 120 00 595 00 Annual Assess- ment dur- ing each year for (10) years. I Sec. 571 (2). THE MUNICIPAL ACT. Chap. 184. 219 4th. For the purpose of paying the sum of 8120, being the total amount assessci as aforesaid against the said roads {en- lands, * roads MdTands! of tne said Municipality, and to cover interest theroo'n for^e„TyeS; a the rate of {five) per cent, per annum, a special rate of ' ^ ^Tthe dollar shall, over and above all other races, be levied (in the same manne? and at the same time as taxes are levied) upon the whole ratabkTo perty in the said Township of \^ each year for IhepefSd 1 • 1, .1, ^^Ti 'J^*^'' ^^^ "^^^^ °f *^° fin'J passing of this by-law E2 which the said debentures have to run. ' °"""8 (2) In the event of the assessment being altered by the Court Amendment of Revision or Judge, the by-law shallf before being finally ofTyll^ passed, be amended so as to correspond with such alteration bv the Court of Revision or Judge (as the case may be). 46 V c. 18, s. 571 ; 49 V. c. 37, s. 24. J- ; " v. (3) In case the council shall finally pass the by-law before Provision the time for appealing to the Judge has expired, or while an whereby" law appeal is pending before him, the Judge shall, notwithstanding P'^'^^l ^^''''^ such by-law has been passed, proceed and determine the appeal! Si and if he vanes the assessment, the council shall by an amend- ing by-law alter the by-law in accordance with the variation m the assessment made by the Judge. 49 V. c. 37 s. 23. lv\r~S^^ ^^^^'''^ ^y^ ^°^^ P*^^^"g 0*" tbe by-law it shall be p ur .• , published, once or oftener, in every week for four weSks in such ir'aSTy- ' newspaper published either within the municipality or in the Ks county town, or in a public newspaper published in an ad- joining local municipality, as the council mar designate by reso- ution, together with a notice that any one intending to apply to have the by-law or any part thereof quashed, must, not lateV than ten Jays after the final passing thereof, serve a notice in writing upon the reeve or other head officer, and upon the clerk ot the municipality of his intention to make application for that purpose to the High Court, at Toronto, during the six weeks ' next ensuing the final passing of the by-law. 46 V. c. 18, s. 672 \i.) , to V . c. o7, 8. 25. , (2) The council may, at their option, instead of such By-law may publication in a newspaper, direct by resolution that a copy oi^ ^^'^^^ «° the by-law and notice, written or printed, or partly written and ^rfnstealof" partly printed, be served upon each of the ssveral owners, their published. °* lessees or occupants, or upon the agent or agents of such own- ers, to be left at their places of residence with some grown ud member of the family, or where the land is unoccupied and the owner or owners, or their agent or agentf do not reside within the municipality, may cause to be sent by registered letter to the last known address of such owner or owners, a copy of the by-law and notice, and the by-law shall not be finally passed until after the expiration of three weeks from the last ot such services, and the clerk shall keep on file in his office a statutory declaration or declarations by the party or parties making the service or services, and thfi m««nnr L -h'-h **-- same were effected. 46 V. c. 18, s. 572 (2). See sec. 622. "'' fl-l 220 If no applica' tion to quash made in time specified, by- law to be va- lid, notwith- standing the facts. Chap. 184. THE MUNICIPAL ACT. Sec. 572. SI?},— (1) In case no notice of the intention to make appli- cation to quash a by-law is served within the time limited for that purpose in the preceding section, or if the notice is served, then, in case the application is not made or is unsuccessful the hy-law shall, notwithstanding any want of substance or form, either in the by-law itself or in the time and manner of passing the same, be a valid by-law. (2) Where the application is made, and^ is successful in part, so much of the by-law as is not quashed upon the "id, notwithstanding any want of sub- application shall be val stance or form aforesaid 46 V. c. 18, 6. 673. Power to amend by- law when not sufficient means pro- vided for com- pletion of the work. 573. — (I) In case a by-law already passed, or which may be hereafter passed by the council of any municipality, for the construction of drainage works, by assessment upon the real property to be benefited thereby, and which has been acted upon by the construction of such works in whole or in part, does not provide suflScient means, or provides more than suflS- cient means for the completion of the works, or for the redemption of the debentures authorized to be issued there- under as the same become payable^ the said council may, from time to timej amend the by-law in order fully to carry out the intention thereof, and of the petition on which the same was founded, and to refund the surplus (if any) to the then owners of the land pro rata according to the original assessment. 46 V. c. 18, s. 574 (♦) ; 49 V. c, 37, s. 26. (2) Where a by-law which has been heretofore passed, or which may be hereafter passed under the provisions of the preceding sub-section, has been or shall hereafter be pub- lished in the manner required by section 571 of this Act, or in case of a city, town or incorporated vill^tge, has been or shall be notified in the manner required by section 622, section 572 shall apply to such by-law, and any by- law passed under the said preceding sub-section need not be published unless the council sees fit; and the provisions of The Municipal Drainage Aid Ad shall apply to any debentures issued under the authority of the said sub-section which have heretofore been or shall hereafter be purchased by the direction of the Lieu- tenant-Governor in Council. 46 V. c. 18, s. 574(2). When deben- 574. No debenture issued or to be issued under any by-law tures not in- aforesaid shall be held invalid on account of the same not being not in aSd- expressed in strict accordance with such by-^ vw, provided that ance with by- the debentures tire for sums not in the whole exceeding the law. amount authorized by the by-law. 46 V. c. 18, s. 575. Provisions re^ apecting by- laws passed under the pre ceding sec- tion. Rev. Stat. c. 37. 515. Where it is necessary beyond the limits of any • sr.rvevor employed by the jaid When work may be ex- tended be- yond liniit3 of -'-■ .• i^ ^ .• . T • • " • "■ 1 ■ ,. municipaUty. continue the survey and levels into the adjoining municipality, to continue the works municipality, the council of such municipality afore- or may ^ec. 580. THE MUNICIPAL ACT. Chap. 184. 221 until he finds fall enough to carry the water beyond the limits of the municipality in which the Work waa commenced, and until he obtains a sufBcient outlet for the water, and in every such case he may charge the lands and roads to the same extent and m the same manner as is provided by the next succeeding • section. 46 V. c. 18, s. 576; 49 V. c. 37, s. 27. ' 570. Where the works do not extend beyond the limits ofWhenlancUi, U' the municipality in whioh they are commenced, but, in the ^**'-'" "'^J"'"- opinion of the engineer or surveyor aforesaid, benefit lands in j"^ ^av'bl^'^" ' an adjoining municipality, or greatly improve any road lying chargod within any municipality or between two or more municipali- *^°"8^ ^"'''s ties then the engineer or surveyor aforesaid shall charge the TntTuThmu lands to be so benefited, and the corporation, person or nicipaiity. company whose road or roads are improved, with such propor- tion of the costs of the works as he may deem just ; and the amount so charged for roads, or agreed upon by the arbitra- tors, shall be paid out of the general funds of such muflicipalitv or company. 46 V. c. 18, s. 577. 511. The engineer or surveyor aforesaid shall determine Reporte as to and report to the council by which he was employed, whether ^"^'"^ «»«'ii<»- the works shall be constructed and maintained solely at the^eLt" ^'*'" expense of such municipality, or whether they shall be con- structed and maintained at the expense of both municipalities and in what proportion. 46 V. e. 18, s. 578. r > 518. The engineer or surveyor afo.esaid, where necessary Pians etc ' shall make plans and :'pecifications of the works to be con- structed, and charge the lands to be benefited by the work as provided herein. 46 V. c. 18, s. 579. 519. The council of the municipality in which the deepen- Council of ing or drainage is to be commenced, shall serve the head of the municipality council of the municipality into which the same is to be con- So'bl\"Z':n inued, or whose lands or roads are to be benefited withoutlo notify ^^ the deepening or drainage being continued, with a copy of the ^icipality to report, plans, specifications, assessment and estimates of t^e^^ ^^"^ ^^'^^ " engineer or surveyor aforesaid; and unless the same is appealed from as hereinafter provided it shall be binding on the council of such municipality. 46 V. c. 18, s. 580. 580. The council of such last mentioned municipality shall, Municipality within tour months from the delivery to the head of the cor- «° no*'«ed poration of the report of the engineer or surveyor, as provided r£;le« in the next preceding section, pass a by-law or by-laws to raise saryamountB. such sum as may be named in the report, or in case of an appeal, for such sum as may be determined by the arbitrators in the same manner and with such other jjrovisions as would .. jj. „|..,. ,. „ ui^joTiiij 01 tuc uwaors oi tne lands to be taxed had petitioned as provided in section 669 of this Act 4b V. c. 18, s. 581. "Hiiif*'^^''* 222 Chap. 184. THE MUNICIPAL ACT. Sec. 581 (1). may appeal. Proceedings tberooii. Iliil I But such 581. — (1) The council of the municipality into which the ™)jn"cipality ^Q^k is to be continued, of whose lands, road or roads are to be *"" " benefited without the work being carried within its limits, may, within twenty days from the day in which the report was served on the head of the municipality, appeal therefroin, in which case they shall serve the head of the corporation from which they received the report, with a written notice of appeal ; such notice shall state the ground of appeal, the name of an engineer or other person as their arbitrator, and shall call upon such corporation to appoint an aribitrator in the matter on their behalf, within ten days after the service of such notice. (2) When it is proposed to continue the deepening or drain- age from the municipality in which the same is to be commenced into another municipality, and when through misapprehen- sion or mistake the council served with the report, plans and specifications of the engineer or surveyor, omits to appeal there- from within twenty days, the Judge of the County Court of the county in which tlie municipality so sevred as aforesaid is situated may, upon application at any time before the drainage works have been already commenced or the con- tract let for the same, or the debentures have been actually issued under the said by-law, after the said twenty days have elapsed, by order, grant permission to appeal, upon such terms and conditions, as to costs and otherwise, as he deems just and reasonable, within a time to be limited by him in the order; or the other council or councils interested may, by resolution waive the lapse of the said time, and in either of such cases the proceedings for appeal shall be the same as would have been required if the appeal had been gone on with in the proper time. (3) The summons to shew cause why an appeal should not be allowed shall not be returnable in less than seven days from the service thereof, and the council or councils shall have power to amend any by-law or by-laws which may have been passed as shall become necessary or proper, by reason of the appeal or the result thereof. 46 V. c. 18, s. 582 (1-3). Arbitrators shall be ap- pointed, etc. Each munici- pality to con- tribute to maintaining the work in proportions fixed by en- gineer. 583. The arbitrators shall be appointed by the parties in manner hereinbefore provided by the sections of this Act with reference to arbitration, and shall proceed as therein directed ; but in no case shall the engineer or surveyor employed to make surveys, plans and specifications, nor any ratepayer or person interested in the construction of any such works be ap- pointed or act as abitrator. 46 V. c. 18, s. 683. 583.— (1) After such work is fully made and completed, it shall be the duty of each municipality, in the proportion deter- mined by the engineer or arbitrators (as the case may be), or until othervriso determined by t!)8 engineer or .arbitrators, ■ under the same formalities, as nearly as may be, as provided in Sec. 585. THE MUNICIPAL ACT. Chap. 184. 828 It Lm« "/f — /°"'' ^"^ P'^^""^®' '"*'"t«l" and keep in repair the 8ftmo within Its own limits, either at the expense of^thl muii.cipahty, or parties more i.nmodiately interested or at Iht joint expense of such parties and the muTc ^al ty 'ae to ! Hueresiea tnerein and who is ininriousy affected bv supH *^ ""^^ °«- neglect or refusal, maybe compeliibie bvVanS^.,^^ hn"''''*''^ '^'•'^• issued by any Court of competent jurfsdictirrtf So from '"*''""'' time to time the necessary repairs to preserve ami .rmlfn n the same ; and shall be liable *to pecuni^^rZL'^ o aZ per son who or whose property is injuriously affected by rcaL'f such neglect or refusal. 47 V. c. 32, s. 18. oil lhntTtt!\Z7':ff\r "'?^""° '^^■'^ ^™" -^^p"^-"^ designed to -rv S \ 7r^J^'^ '''*^^'' '* ^^'^^ originally '»?"»tenance. aesigned to c^rry oft, shall be deemed to be a work of nr/ ^^"^ ^^'>'^^^- f U^secZ" T^^A^^ '.T'^'"^ '" ^^P^'^ within Ihemfanrng or tins section , provided the cost of such extension Hnlf not exceed the sum of $200, and in every case when i exceeds that amount, proceedings shall be taken undfirthi provisions of section 585^ 48 V. %. 39, s. 26 (i^; 50 V. c 29 s falt^^ma^/a'd^YmZed "Sf b^H "1". ''f''' ''' areDutyofn^nor rauniHn«l.>vi-n,.. P ' • . '^'^*'^® duty of each minor 'municipalities municipality to preserve, maintain and keep in repair the same ?' *° ''"P'^^- with n Its own limits, in accordance with the requ rVrnents of "^''"'■^• c ll. 8.'585.^ '''*''"' ^'^'"'^ ''''^^ ^^ ^PP"^'^^'- t?ie"eto 46 V. DrainanP A of nnY P'^^^jSions ot tins Act, or ot The Ontario change course Dminaae A^t oTAiT^^'^T''''^ Z^'^^' ""' ^^ ^^ Ontario °^ d'-. ^Ji (image ^et of 1873, or of any other Act resoet'tino- HrQ,-non,«. ™*''® "^^^ works and local assessment therefor m- 7^11^^, ^^^"*^^*' ^*°- DraAnage Aid Act or to prevent dama<^P«M 1/ ^^riictpal ^^^ g shall be'deemed expedie^nrt^^tnteX ^rsl^^^^^^^^^^^^ ''' ''' d a nlhe'crndt^'i;?! '' '"^^^-"'^i^ ""P''^^^' -^-'^ oTalter the ?ies wlte Sv t i ? "'""^'''P'^^'^'r ^^^"3^ «*'tl^e municipali- se!, wnose auty it is to preserve and maintain thp said Hra,-n mav on the report of an engineer appointed by "hem o exaS and report on such drain, undertake and compS t^e aTera Sjf ""P':o.^«'««^;« or extensions specitiedTn 1 e report under the provisions of sections 569 to 582 inclusive wtC the petition required by section 569. 46 Y c 18 s 586 47 V. c. 32, 8. 19 :.48 V. n 39 « 07 . iq "xr „ on }%^- 9°^,?- ^^ 29,8.39. ' ---'-•-•' -^ '•^- "«,». ao, oO V. c. ■-■'m mmmA.wiJi a 224 Ohap. 184. the municipal act. Sec. 686 (1). may be charged ou Eroperty enefited. ten.lca be- (iH«.— (I) In ftiiy I'-aso whorein after such work is fully made yuiiJ inunici- j^,j(j completed, the tminu hart ru.t boon continued into any other polity com- ,„„nicipttlity than that in which the same was commenced, or rmc,'"^., or wherein the lands or roads ot any such other municipality which do not jj^g not benetited by such work, it shall be the duty ot the beuciit any jnmiicipality making such work to preserve, maitjtain and keep paHty!'to\e in repair the same at the expense of the lots, parts of lots and maintained by roads as the case may be, as agreed upon and shown in the by- TmSS ^*^ ^^'>«" ^"'^"y l'^'^'^- same. ^2) In any case whore similar work has boon constructed out When work ^^ ,.jjg general funds of the municipality, the council may, with- Sout of out petition, on the report of an engineer or surveyor, jiasj a funds of muni- by-law for preserving, maintaining and keeping in repair the cipality repair ^^^^^ ^j t),e expense of the lots, parts of lots and roads, as he '""'' ''" case may be, benetited by such work, and may assess such lots, parts of lots and roads so benefited, for the expense thereof, in the same manner, by the same proceedings, and subject to the sanio right of appeal as is provided with regard to works made and completed under the provisions of this Act. 46 V c. 18, 8. 587 (1, 2) ; 50 V. c. 29, s. 40. Assessment (3) The council may, from time to time, charge such assess- may be ment on the report of an engineer or surveyor appointed by- changed, tiiem to examine and report on such work and repairs, subject to the like rights of appeal as a person charged would have in the case of an original assessment ; and the said council shall appoint a Court of Revision to consider such appeals in the manner heretofore provided. 50 V. c. 29, s. 41, part. Repair and (4) The deepening, extending, or widening of a drain in order maintenance, to enable it to carry off the water it was originally designed to what deemed. ^^ ^^g-^ gj^^ji jjg deemed to be a work of preservation, main- tenance, or keeping in repair within the meaning of this section ; provided the cost of such extension does not exceed the sum of $200, and in every case where it exceeds that amount, proceedings shall be taken under the provisions of section 585. 48 V. c. 39, s. 26 (2) ; 50 V. c. 29, s. 47. Repayment of (5) I" any of the cases referred to in this and the pre- advances. ceding sections, any moneys that have been or nay hereafter be advanced by the council of any municipality out ot its general funds in anticipation of the levies to be made for the purposes of the said sections, shall be recouped to the munici- pality so soon as the moneys derived from the assessment shall have been made. 50 V. c. 29, s. 'kl,paH. Application of 581. The provisions of sections 583, 586 and 589 of this s8. 583, 586 Act shall extend to drains constructed under the provisions ot The Ontario Drainage Act, and amendments thereto, or of The Ontario Drainage Act, 1873, or oVThe Municipal Drainr age Aid Act, the word "assessors" being substituted as to such drains for the word "engineer" in the third line of section 583. 48 V. c. 39, 8. 26 (i). and 589 Rev. StLt. Caps. 36, 37 Chap. 184. THE MUNIOIPAli ACT. Sec. 689. (2). 225 588.— (1) In the event of any ditch, drain, creek or water- Drain, to he course that has been constructed or opened up under the pro- ''^P' ^'"s^ VJ8I0U8 of The Ontario Drainm/e Act, or any of the amendtnenta !•*"" °'«*'""<^* thereto, or under the proviHU..,8 of any Act respecting drainage 3 sta# . to be paid by local rate, becoming obetructed, so that the froe 36. ' now ot the water is impeded thereby, if the aforementioned obstructions have been wilfully or tiirougli negligence placed lu such ditch, dram, creek, or watercourse, by any party or parties through whose land, or between whose lands, such ditch, drain, creek, or water-course is situate, the party or parties causing the same shall, upon notification in writing by the council of the municipality, or an officer appointed by the counci of the municipality, or an officer appointed by the council for the inspection or care, of drains, remove sudh obstructions, and if not so removed within the time specified the council shall, without further delay, have the same re- ""^oo /?v .?. Tr°'' ^£ ^^'^ '*'^ P**'"ty or parties. 46 V. c. 18, 8. 588 (1); 49 V. c. 37, s. 29, part. t (2) If such cost is not paid by the party or parties to the person performing the same when the work is completed the council shall pay the amount to the party performing the work • and the clerk of the municipality shall place such amount upon tlie collector's roll against the party or parties, as the case may be, with ten per cent, added thereto, and the same shall be collected like other taxes, subject, however, to aji appeal by the said party or parties, in respect of the cost of the work to the Judge of the County Court of the county in which the 1 1" .^ %L *'A"**,^ ^° the same manner as is provided by section „ il of J/ie IJitches and Watercourses Act. 46 V. c. 18, s. 588 (2). ^" ®***- °- (3) Any person or persons who shall wilfully and intention- Penalty for ally obstruct, fill up or injure, any drains constructed under obstSing tlie provisions of any of said Acts, or wilfully or intentionally *'™"»- cut, destroy or injure any embankment or other drainage work connected therewith, shall upbn the complaint of the council of the municipality, liable to keep such drain, embankment or work in repair, and upon conviction thereof before a Justice of the Peace, be liable to a fine of not less than $1 nor more than $50. 49 V. c. 37, s. 29 part. 589.— (1) Where the repairs, required to be made under Power to bor- either section 583 or section 586, are so extensive that the row funds for municipal council does not deem it expedient to levy the cost ^^P*'""^ ^ thereof in one year, the said council may pass a by-law to works*'' borrow upon the debentures of the municipality the funds necessary for the work, and shall assess and levy upon the property benefited a special rate sufficient for the payment of the principal and interest of the debentures : the by-law shall not require the assent of the electors. (2) The provisions of Ihe Municipal Drainage Aid vlcif Rev. Stat. c. Shall apply ^to^ any debentures issued under the authority 37. ot any sacu uylaw, if BUcb by-law, before it was finally passed, 226 Chap 184. THE MUNICIPAL ..CT. Sec. 589 (2). :' il 60T. Any of the minor municipalities interested may appear, Right of by their head, or by their counsel or agent, before the arbitra- minor munici tors, in support of the assessment, or of any variations which P*^^*^^" "^'^e'"- they f^nnfotiH aJinnlrl Kii ,v,r./^« ;„ ^u- _.• . ,. . . ested to minor municipalities are assessed. 46 V. c. 18, s. 607. aKtion, ■■S^jjgfci* 232 Where several counties in- terested, by- laws for as- sessment not to be passed pending appeal. After award made or after time for appeal expired, each county to pass by-laws for raising sum required. Chap. 184. THE MPNICIPAL ACT. Sec. 608. 608. In case more counties than one are concerned, no by- laws for assessing the cost of the work upon the various par- cels and roads shall be passed until it is ascertained that there is not to be an appeal, or until after the award is made, where an appeal is had. 4ti V. c. 18, s. 608. 609. Immediately upon an award being made, or in case there is no appeal, immediately after the time for appealing has elapsed, each county interested shall pass a by-law or by- laws to raise the sum charcreable against such county, and for assessing and levying '■ • ' ■^-'-me, in accordance with the pro- portions fixed by the rept ; ,i the engineer or surveyor, upon real property within the county to be benefited by the said works, and for the appointment of a court for the trial, in the first instance, of complaints against such assessment, in the same manner and be subject to the same conditions as is herein- before provided in respect of a county which is solely inter- ' ested. 46 V. c. 18, s. 609. Application 610. Sections 584, 592 and 699, and sub-sections 2 and 3 of of8«;584,592 tJQQ 593 ^t^^\\ j^ppjy ^q drainage works, in which several 598 (A A), an ^^^^^^.j^g ^^^ interested, as well as to works which only aflFect one county. 46 V. c. 18, s. 610. Powers of mu- 61 1. In case any of the drainage works hereinbefore re- nicipalities to fg^red to, are to be carried through, across, under or along the cap* 199 railway^ of any railway company, in respect of which this Legislature has authority in this behalf, the powers of the municipal councils are, so far as regards the railway, to be exercised, subject as nearly as may be to the terms and restric- tions contained in The Railway Streets and Drains Act. 46 V. c. 18,s. 611. Cost of Local Improvements. Sees. 612-628. 613. The council of every township, city, town, and incor- porated village may pass by-laws for the following purposes : 1. For providing the means of ascertaining and determining what real property will be immediately benefited by any pro- posed improvement, the expense of which is propsed to be assessed as hereinafter mentioned, upon the real property benefited thereby; and of ascertaining and determining the proportions in which the assessment is to be made on the various portions of real estate so benefited ; and there shall be the same right of appeal from any such assessment, to the Court of Revision^ and from the Court of Revision to the County Judge, as is provided for by section 569 of this Act, and the proceedings thereon shall, except as otherwise provided in sec- lion W^'ii Ul mis XJ.v;l, uc tuc cainO n.i:>p^V/,.. .,•!. .• appeals from ordinary assessments under Tlie Assessment Act, Rev. Stat. c. 47 y. c. 32, s. 20 ; 50 V. c. 29, s. 48. Councils may make by-laws for — Manner of ascertaining real property benefitted by local improve- ments. Appeal. Sec. 612 (4 a). THE MUNICIPAL ACT. Chap. 184. 233 (a) It shall be deemed to have been and to be a sufficient General by- compliance with the provisions of the preceding ^*^ ^o' paragraph of this sub-section, if the Council shall iJoertv^ hnvo r\aaaaA /^^ „U„11 . i i , properly general by-laws, providing the means of ascertaining ^'"F^^^^ents and determining what real property will be imme- ^ °*" diately benefited by any proposed improvement, the expense of which is proposed to be assessed upon the real property immediately benefited thereby, and of ascertaining and determining the proportions m which tae assesment is to be made on the various portions of real estate so benefited, and it shall not be deemed to have been, or to be, necessary to pass a special by-law for the purposes above mentioned m each particular instance; but nothing in this paragraph shall affect any litigation pending on the 30th day of March, 1885, or the rights of the parties thereto ; J-8 V. c. 39, s. 36. nn!' -^?' l^s^ss'Pg an ^« the Judge of the LZ^ r? "1 ''V .™'*""''' ^' •" th« «««« "f other special assessments for local improvements, under the provisions of this Act. 48 V. c. 39, s. 33; 60 V. c. 29, ss. 48,'48 votP HuW^f^T?!,'"'^'" ^^' •^"""'' '^^'•°>« by a two-thirds vote thereof that the constructing, erecting, or making of any bridge, culvert or embankment, benefits the municipaUty h^ large, and that it would be inequitable to raise the whole cos of such improvement or work by local special assessments, \^L fTl T^ P"'' \^y-'''^ ^'' borrowing money" by the ssue of debentures upon the credit of 4ie municipality at large to j.rovde as the corporation's share of the cost^ of s, ch improvement or work an amount not exceeding one>alf cf the whole cost thereof ; and no such by-law shall require the asse t of ^tiie electors before the final passing thereof. 60 V. c. 29^ 619, If in the case of the construction or repair of a bribed * . . or ll If'tl" T ""'TIM ^"' .^"^^^"-'^ ^' an^st/e^t ^a^e itrZ?"^ or alley the council shall determine what real property other "t^^l ^y im- than that fronting or abutting upon the street, lane or allev Sf.?'''T°*f IJZZVtr'r^' imprleLnt is made, W L\'e l^trnSont LS.1^^ benefited, and ought to be charged with a part of T^^^* the cost thereof, and shall determine the proportion in whir-h '"''"'^ ""; s^beTek^V'r^'^^T'r/r" '^ assesseTa'grrtheTandt="^" so benefited te council shall assess and levy the proportion benifilH^'K ? ^% '"'f^^^^^'^nt chargeable against the^ lands benefited but not fronting or abutting upon such street, lane or alley, by a frontage rate, in like manner as the same woTd be assessed and levied in the c«se of lands fronting or abS upon the street, lane or alley, whereon or wherein^the improve? ment is made or to be made. 48 V. c. 39, s. 34. '"P^°^« 630. The council may permit the owner or owners to bnild r •, "reTCo: :;^'''>i?- '^^"^ '' ''' «^ '"^^'^^ laTds?an?:;ype=orL street, lane, or alley, within a township, city, town or incor- *° ''""'^ ««• porated village, under the directi n of the counciTo'r an Zr'^Tr-'i^". tnTlTT'^ V"'' P"?°^«' '^^'^ accordinrto sul°S„\^?S r and regulations as the council may prescribe, in which case the owners or occupants c such lands^hall be exImpT ?rom all lSt:T.'=T. ^.1^^ .r^- - long as^he ZX 46 V"p"'''l«""a"fii«/"^n ir" ;;";'^"« satisiaetion of the council. *o V. c. 18, s. 61b; 50 V. c. 29, a. 48. I \l 288 Chap. 184. THE MUNICIPAL ACT. Sec. 621. m inentB Time for re payment of 1( loans. Power to bor- 6/81.— (1) For tho purpose of enabling councils to avoid the row funds for ugceHHity of making Hupplomentary assessments, or refunding local improve. .^ ^^^ ^^ ^^^^ assessments, and of ascertaining the exact cost of any work or improvement, done or constructed, as a local improvement under the provisions of this Act, they may and they are herchy authorized and empowered to make agree- ments with any bank, or any person or body corporate for temporary advances and loans until the completion or the work or improvement, for meeting the cost thereof, and they may and they are hereby auvhoriz^ and empowered in their option to make the special asaessmonta for the cost thereof, after the ■work or improvement, ivs the case may be, shall have been completed, and to pass the necesepry by-law authorizing the issue of debentures to repay the amount of the tempera y loan or advance. (2) Every by-law for borrowing money shall provide for the repayment of the loan and the maturing of debentures to be issued pursuant to such by-law, within the probable life of the work or improvement for which such debt has been incurred, as certified by the engineer, or other proper officer, to be appointed by the council for that purpose. Where special (3) If, in any case a debt has been incurred by the munici- asBeesraents pajity for any work or improvement done or constructed under neVMSMi*"' the provisions of this Act, and after the incurring of the said ments may be debt the special assessment for such work or improvement or ""''" the by-law providing for borrowing money therefor, be set aside or quashed, either wholly or in part, on the ground of any irregularity or illegality in the making of such assessment or passing such by-law, it shall be lawful for the council, and thej are hereby authorized, to cause a new assessment or assessmenis to be made, and to pass a new by-law, so often as may be necessary to provide funds for the payment of the debt so incurred for such work or improvement : Pro- vided always that nothing herein contained shall be construed as authorizing any assessment to be made, or work or improve- ment to be undertaken, except the same be initiated in some one of the three methods by law provided, namely : (a) Either on the report of the engineer or other sanitary officer, and of a committee of the council, recom- mending the proposed work or improvement for sanitary or drainage purposes adopted by the council ; or (b) On a petition of the owners of the real property bene- fited, or (o) After due notice, as above provided, of the proposed assessment, and no petitiori of the owners of the real property benefited, against the proposed assessment, sufficiently signed, being presented to the council ■within the time limited thereior. made. 289 Sec. 023 (1). THE MUNICIPAL ACT. oj,ap. lU (i) Any real property specially aaseased by any council for Pro«ertv any local .raprovement or work Jnder this Act, and real pro%»'-?^^^^^ party where such improvement or work has been done ^ifh '''*'*"?Pr*'- TrSy'l" otnl'^V^'I^rl^"^^' '''' property^^n^d Till r^n'I.fnl property the owners of which have constructed their own ?«»««■»' ■•»*«« works and improvements, which would otherwige have been ^"^ "'""•' constructed by the municipality as local improJlel, llV'"'"'^ for the like purpose, except tho cost of work, and improvements at the intersection of streets, and except .uch portion of the general rate as may be imposed to meet the cos of wo ks an J improvements opposite real property which is exempt from such special assessments, and the general rate which may bo imposed to meet the cost of maintenance and repairs on /orks and -P--enta^ constructed under local imp'r.vement""y! 688.— (1) No by-law passed by the council of a • townshir. r i S %7 :: '6n''?T' r"^^t' k'^^ *^« provisio^/ofrS s-trer.' Ki- u :; f ^}^ "^^ '^'^ ^*'*' «ha]l require to be advertised or*''"*^- ''"* published by the said council in any newspaper but a written or ««'•'' °'/.'.^ SrAf^heTo'^ TS$^"-^"' r7 pH.fteVnotic7orth o&let sitting of the Court of Revision for the confirmation of overv ''""«•»*" ''^ such special assessment shall he civen to thn nwn«rp r^ ^ »^>^'^^d on and occupants, or the agents of^f; Twul'L^s^ndr !rSc"^- pants, of each parcel of real estate included in such by-laws and assessment. 46 V. c. 18, s. 618 (1) ; 50 V. c. 29, s. 48. (2) Every such notice shall contain a general description of rth^nT^'^rP''^ '^ ^'"^^ the -same is given, the nature ?ll l«?7>F°'i- improyements work or service, the estimated 2t 7 V 'f ' *^«/T°"".' '^ '^' assessment on the particular piece of property, and the time and manner in which the same IS payable, and shall be signed by the clerk, or the assessment rrr^ose" ^t^. «^-^to\e appoint bVthr^Zci tor tbe purpose, and be mailed to the address of the person enti led to notice at least fifteen days before the day appointed be^trr^' M-^' '"^ ^°""' ^'^^ *«" ^^y^' notic"^ sKalso be g ven by publication m some newspaper; having a general circu latian, of the time and place of the meeting^of the said m'ent isTof f"''"''/^" «Pecify generally what^uch asses . . Till '6?8%); 5oT: Its. rr' '- '^ ^^^^^^^^- '' ^• tio? mTi/]),^^^'"! ^ ^^'l^"" passed uuder the provisions of sec- General necial rati «;t ^^^ P^.^des, or is intended to provide, that the derrijL in special rate assessed thereunder shall be a frontage rate it^y^a^^ tt ro?rH"""7^ ''•'''^^'^ "^^^ *^« provisiontlTf suWs\tcy.t'^^• bv kw 1 '^1 «°.«?°"''>'' *<> advertise or publish the "herT special by-law, or to comply with the provisions of the next preceding J*^*" '« * section of thia A/.*- K..i :i. -L-11 t o™ : . *'^.P**'-'*^"'"gfrnr.tacre rote ^ — ,^...^,j ^.„j, ^^ siiu.li oe Bumcieut li the bv-law °' describe the street or place or part thereof, whereon or where'n 240 :;;|'|l In-' 11 Chap. 184. THE MlTNIOIPAL ACT. Sec. 623 (1). Kev. Stat, c, 193. the local improvement is to be made by a general description thereof, stating the points between which it is to be made, and it shall not be necessary for such 'by-law to state the value of the real property ratable thereunder, or to impose a rate upon such real property, by any description other than that hereinbefore mentioned. (2) In cases to which the next preceding sub-section applies, the council shall procure a measurement of the frontage liable to the rate mentioned therein, and of the frontages exempt from taxation, and of the frontages of the several lots or parcels of land liable to such rate, and shall keep a stateinent of the same open for inspection in the office of the clerk oi the municipality for at least ten days before the final passing of the by-law, and the council shall also cause to be inserted in a public newspaper published within the munici- pality, or in the county town, or in a public newspaper pub- lished in the nearest municipality in which a public newspaper published, once a week for two successive weeks, a notice in the form following or to the like effect : Take notice that a by-law is intended to be passed by the Municipal Couucil of the Corporation of the , , , .,9* .. i s for levying a frontage rate to pay for the {describing the work) constructed (or made) or to be constructed {or made) (as the case may be) on street, between {describing tl\^ points betiveen which tJiewcrk has been or is to be made or constructed) and that a statement shewing the lands liable to pay the said rate and the names of the owners thereof! so far as they can be ascertained from the last revised assessment roU, is now filed in the office of the Clerk of the Municipality, and is open for inspection during office hours. The cost of the work is $ of which $ is to be provided out of the genural funds of the Municipality. A Court cf Kevision will be held on at for the purpose of hearing complaints against the proposed assessment or accuracy of the frontage measurements or auy other complaint which persons interested may desire to make, and which is by law cognizable by the Court. Dated ^'■>-^- (3) There shall be the same right of appeal from any such assessment to the Court of Revision, and from the Court of Revision to the County Judge, as is provided in section 569 of this Act, and the proceedings thereon shall, except as other- wise provided by this Act, be the same (as nearly as practic- able) as in the case of appeals from ordinary assessments under The Assessment Act, and the Court of Revision snd the Countv Judge shall respectively have the like jurisdiction, rights ":id powers in respect to every such appeal as in the case of such last mentioned appeals. (4) The said statement, or tlie same as altered or varied by the Court of Revision or the County Judge upon appeal, shall bfi final and conclusive as to all n atters therein contained. 48 V. c. 39, 8. 38. Sec. 626 (2). THE MUNICIPAL ACT. Chap. 184. 241 tion of RfrPPta ar^A ^^,,^^4. i! • worKS at the mtersec- assessment for uon ot streets, and except such portion of the general rate as ^'"^e P^^pose- may be imposed to meet the cost of lilfe works nr.Zl i property which is exempt from such specraLIsessmen'r"' "*' J^\J^^^\l^^'''i^^''^Vroyement or service is petitioned for and the petition is by two-thirds in number of the owners of the real property fronting or. abutting upon the street or nlace wherem or whereon such improvement%r work is proposed ?o be done or made, the exemption may be for a spedfied Deriod named in the petition and agreed to by the councT ^ (3) Or if, either with or without naming any period for such exemptioa, the petition requests an arbitratfon he councH may accede to the proposal for an arbitration. ' (4) In case the matter is to be determined by arbitration Co'utS?'''!''*" ^^'^^^^'^ ''' ^^« purpose Vtheo-°t^ in th!t &iV K ?)! '""^ • ?'""'^ "^ P^'-^^"^ i« <^' are agreed to m that behalf by the petitioners and the council. (5) Where, by reason of a special assessment, the owners are exempted from a general ratef for the like purpose as Ifore- ht'gentrlTrte'of'^"' '"" '''' f '^^'^ "'^ "^'-'^^ ^^^^^l tbe general rate of assessment, or by some other bv-law «tntA what proportion of the general rate is for purLef rwhrch nrshL? Ttat:T*' """"^"^. '"^ '""^ P^^* °' tl'municipluty' • of ^fh.^"nn^ * ^^"'Tk' P^''^^ containing such statement, none assessed or'Lt^Tf ^^ ^'°''' ''''' ''' ''^^ P^^P^^^^ «P«cially Shan h. 1 V 5 . ^'^^ T'^ ""' ^^''^'''^ hereafter executed n^nvnaTfl " '°^ -"^^^ ""' '"'^''^ °f ^he same character in any part of the municipality. 46 V. c. 18, s. 619. ate?wiiriPJ^r"r'! ""^ "-""^ ^T'^'^'P' "^3-, town or incorpor- By-laws tors a iofd,W^'. / by-law, passed with the assent of the elec-di^eSg im- IJLaT ^ v*"^ provisions of this Act, direct that all future r^^^^^t *° expenditure in vhe municipality for the improvements and T T*^" ^^ forwh\" '"• r^ ''^" °^'^^«'- °f i-proZ nrr ser4e m^n^^^^- which 18 snhionf fr. n c^„^;_i __i._ I •• . piupeiiy whiol harrhln"" .", fH"^^'"/^''^"' «na" apply to all property which had^been specially rated or assessed for such improve- 242 Chap. 184. THE MUNICIPAL ACT. Sec. 625 (2). Repfiiring and cleaning streets. ment or service, while the repealed by-law was in force. The time the exemption is to cease, is to be determined by arbitra- tion, and the arbitrator is to be appointed by the County Jndge, on the application of the council. 46 V. c. 18, s. 620 ; 50 V. c. 29, 8. 48. . (3) Notwithstanding anything contained in sub-section 3 of section 612, after such a 'by^a^ ^**^ been passed in manner aforesaid, the council may pass a by-law or by-laws dividing the municipality into certain arens, districts or sections within which the streets or parts of streets may be maintained, re- paired, cleaned, cleared of snow and ice, watered, swept, lighted and the grass therein cut and trees therein trimmed, and may impose a special rate upon the assessed real property therein, according to the frontage thereof, in order to pay any expenses incurred in maintaining, repairing, cleaning, clearing of snow and ice, watering, sweeping and lighting such streets or parts of streets, and cutting grass and trimming trees therein, or for any one or more of such services. 48 V. c. 39, s. 30. AsseBsmeiit oi «26. With respect to land on which a place of worship is places of wor- erected, and land used in connection therewith, the municipal ship for local (,^^^^^{1 may, by the by-law to be passed in that behalf, require Sr^' the corporation, trustees, and other persons in whom is vested any such property, and the said property, to be assessed for any local improvement in the same manner, and to the same extent, as the other owners and land benefited by the improvement, in the Following cases, namely : 1. In case a by-law is passed under the preceding section ; 2. Or in case no such by-law is passed, but two-thirds of the owners of the real property to be benefited by the proposed improvement (excluding such corporation, trustees, or other persons aioresaid), representing at least one-half in value of tlie remaining property, petition the council to undertake the said improvement ; 3. Or in case no such by-law is passed as aforesaid, but the said corporation, trustees or other persons, and two-thirds of the owners of the real property to be benefited by the proposed improvement (including the said corporation, trustees, or other persons), representing at least one-half in value of the property, including the said property so invested in the corporaMon, trus- tees, or other persons aforesaid, petition the council for the said improvement 46 V. c. 18, s. 621. Certain part 681.— (1) In case of a special assessment on property bene- of improve- flted by local improvement, the council of the municipality (if ments may be ^.jjg^ jj^j^^j^ g^^ ^^^y^ \yy by-law, provide for constructing, at the geS rates, expense of the general funds of the municipality, such part of ' the local improvement as is situate upon or in that part ot any ' '■ ' ' ' ?h is intersected BtrCUC, lailU, ailUJ, puuin; piat squa re, whi by any other street, lane, alley, public place, or square, or as Sec. 629 (1). THE MUNICIPAL ACT. Chap. 184. 243 Th if -f *^" «" .Foperty exempt from a8se88ment: and the council may provide for the coat in the general rates or taxes ior the year, or by the issue of debentures, or in such oth. r manner not mconsistent with the provisions of this Act or .tny special Act, as to said council may seem best, and subject to such by-laws as the council n.ay pass in that beha"? need^'^n^ho^{nr-.f"l''?"'^T ^''^ '"'^"^ «^ ^^e debentures Provisions as need not be submit ed for the assent of the electors of the**'"^''^*^ municipality ; and the debentures being issued to nav for tlmt JPFo^ement ^n7hink'fi.T' ^^^f ^^ '' ^^«^' asses?mrttl:,??ihe;our^^^"""^-" cil thinks fit, be issued as a series distinct trom those required to ||ay tor that part which is to be borne bv the general funds of the municipality, or all the debentures required for the work may be issued in one serie8,a8 - Local l.-orovement Debentures " lins sub-section shall be dee.ned dec. atory of the law on and from the 5th day of March, 1880. 46 V. c. 18, s 622 DoSTniLrir*'""'''^ ''n'";^ township, city, town,'or incor- Assentof dec" poiated village may pass all by-laws necessary, from time to **'"°«* re- time, to raise loans and borrow moneys required for its share ^"'".^ *° ^y LrJ•^'''V'"r^"""^^^ ^"^ woi4,on\he credit of rch!r-nier- township, city, town, or incorporated village at large: and it P^ity'« «hare shal not be necessary to obtain the assent of the Sectors ofi°^T*°^ such township city town, or village to the passing o? any Sa"^^'*'^^- such by-law under the provisions of this Act, any special or private Ac in that behalf to the contrary notwithsfanX^' provided always that nothing in this section contained shall be construed as authorizing an extension of the general debt of nxed by any Act limiting the same. (2) It^is hereby declared that the debentures issued under local irnprovemeiit by-laws on the security of special assess nients therefor form no part of the general^dobtTany such Huinic.pahty within the meaning of any such lasribov'e mentioned Act, and it shall not be necessary to I'ecite the amount of such local improvement debt so secured ty spec Ul rates or assessments n any by-law for borrowing money o^ntlfe credit of the township, city, town, or incorpomted vi lage at arge as aforesaid, but it shall be sufficient to State in any^sucl by-law, that the amount of the general debt of the munic ].a hty as therein set forth is exchisive of local improvement i^MsTiJ t r2tl^4t' '''-' '' ^~-^^ ^^^ " Sweeping, Lighting arid Watering Streets. 629.— (1) The council of every townshin citv town nnri «„ mc„rp„r„.ed village ,„aj. p« b/,a„. ioA^^l'^"^, '.hetegfid l>etition of at least i?Sl'"' '^ any street, square, alley or lane, repr s ntlnV*"^*^" in value one-halt of the assessed real property therein, sucH I 244 Chap. 184. THE MUNICIPAL ACT. Sec. 629 (1). sums as may be necessary for sweeping, watering or lighting the street, square, alley or lane, by means of a special r." • on the r^al property therein, according to the frontage thereof, or according to the assessed value thereof when only such latter system of assessment shall have been adopted by a three-fourths vote of the full council ; but the council may charge the general corporate funds with the expenditure incurred in such sweeping, watering or lighting as aforesaid. 46 V. c. 18, s. 624 (1); 50 V. c, 29, 8s. 45, 48. (2) The council may also, by by-law, define certain areas or sections within the municipality, in which the streets should be watered, swept and lighted, and may impose a special r&te upon the assessed real property therein, according to the frontage thereof, in order to pay any expenses incurred in watering, sweeping or lighting such streets. 46 V. c. 18, s. 624 (2). (3) The council may also include in either of the foregoing by-laws, the cutting of grass and weeds, and trimming the trees or shrubbery on any such street, square, alley or lane, and otherwise cleaning the same. 48 V. c. 39, s. 31. xvemovaiui (4) The -coHucil may also by by-law define certain areas or snow, ice, etc. sections within the municipality in which all snow, ice and dirt and other obstructions shall be removed from the side- walks, streets, lanes or alleys, in such area or sections, and may impose a special rate upon the real property therein, according to the frontage thereof, in order to pay any expenses incurred in removing such snow, ice, dirt, or, other obstruction. 50 V. c. " Specia' rate may be im- posed thei'e- tor. Cutting grass, etc. Removal of 29, 8. 46. Division II.— Townships and Villages. Light and Water. Sec. 630. Lighting and 630.— (I) In addition to the powers conferred upon the water-works, councils of townships and incorporated villages by sections 612 to 628, both inclusive, of this Act, the council of any such town- ship or village, under and subject to the provisions of the said sections, may pass by-laws providing for lighting, or for the construction of water works for the purpose of fire protection. (2) The said council may, by the same or any subsequent by- law, define by metes and bounds, or otherwise, what real property will be immediately benefited by the proposed im- provement, and is to be charged with the cost thereof and may also, by such by-law, make provision for assessing and levy- ing on the property so defined the cost of managing and main- taining the said works. (3) Sub-section 3 of section 612 of this Act shall not apply to any works constructed under the powers by this section conferred. 46 V. c. 39, s. 32 ; 50 V. c. 29, s. 48. Chap. 184. 246 Proceedings to obtain by- law for such improve- ments. S<3C. 633 (2). THE MUNICIPAL ACT. Division III Counties. Special raUs hy County Councils for local imvr(yoements in Townships. Sees. 631-633. , ..fAl;7^%'T"'? «*" e^e'-y county shall have power to Special rates pass by-laws for levying, by assessment on all ratable property for local im- withm any particular part of one or parts of two townships to P""''^"'^"**' be described by metes and bounds in the by-law, in addition to all other rates, a sum sufficient to defray the expenses of making, -repairing or improving any road, bridge or other public work, lying within one township or between parts of such two townships, and by which the inhabitants of such parts will be more specially benefited, but this section shall not apply to any road, bridge or other public works within the limits ot any town or incorporated village. 46 V. c. 18 s. 625, 633. No by-law under the last preoeding section shall be passed, except — 1. Upon a petition signed by at least two-thirds of the electors who are rated for at least one half of the value of the property within those parts of such township which are to be attected by the by-law; nor 2 Unless a printed notice of the petition, with t}ie nam«s ot the signers thereto, describing the limits ^.thin which the by-law IS to have force, has been given for at least one month, by putting up the same in four different places within such parts of the township, and at the places for holding the sit- tings of the council of each township, whether it be within such parts <.r not, and also by inserting the same weekly for at least three consecutive weeks in some newspaper (if any there be), published in the county town, or if there is no such newspaper, then m the two newspapers published nearest the proposed work. 46 V. c. 18, s. 626. «33.— (1) A county council may, by by-law, assume or ac- Power to nass qu.reany road, bridge or other public work, lying within orbyWsac^''' adjacent to one or more townships or incorporated towns or *!"'"?« '■°*'''' villages, and may, by by-law, raise by way of loan, a sum of^Uhi/Zeor money lor the improvement of such road, bridge or public more town- work, to be repaid by a special assessment on all the ratable'^T' ^*<'•' property within the municipalities which ehallbe immediately specLVrTt^ ^IfnT^ }IT^ T"^' ^"^g« «^ P"b^'° ^<>rk. 46 V. c. 18!s^Spr"vt 0J7 (1) ; 49 V. c. 37, s. 34. ment thereof, wofk ^Zf^h:lr^ 'fi'" .T' tl'e. 'amount to be raised for such Particulars work, and shall define the municipalities forming the portion «'hioh are to ot the county municipality to be affected by the by-law, andi^'^^^'^ th« nnrf-irin r>f T^„,.i, j._ u- /• 1 . ,'' . . •' , ' "'"^^ the by-law, .i>..,if), .!„.„. ,^. „^. purrormea m each muuicipaiity, and shall provide ior the raising of the said amount by the issue Notice to be posted up and published for three weeks. fpy m i r I i. 246 Chap. 184. THE MUNICIPAL ACT. Sec. 633 (3). By-law to bo submitted to electors in portion of county interested. By-law only to apply to those municipalities in which it has a majority of votes. By-law, if car- ried in some municipalities only, may be passed or dropped. General pro- visions to apply to voting, etc. of debentures of the county, payable in twenty years, or by equal annual instalments of principal, with interest, and shall provide for assessing and leyying upon all the ratable pro- perty, lying within the iection defined in such by-law, an annual special rate sufficient for the payment of the principal and interest of the debentures. (3) The by-law shall, if approved by a majority of the rep- resentatives in the county council of the municipalities which are defined in the said by-law, be submitted to the vote of the qualified ratepayers in the portion of the said county to be afiected by said by-law who are entitled to vote on money by-laws, (4) In case there should be a majority of votes cast against the by.law in any one or more of the municipalities men- tioned therein, although the by-law be carried, then the same shall only apply to those municipalities in which it has received a majority of the votes cast, and shall not affect the other municipalities mentioned, in any way, and the amount of money mentioned in the by-law to be raised by way of loan, shall be reduced by the proportionate amount which the said municipality or municipalities, giving a majority of votes against the by-law, would have been required to pay under the by-law. (5) In case there should be a majority of votes cast against the by-law "in any one or more municipalities mentioned therein, although the by-law be carried, then upon the approval of the majority of the representatives in the .county council of the municipalities which have given a majority of votes in favour of the by-law, the same may be read a third time and passed by the county council, or dropped altogether ; but in case the by-lavv is finally passed, only the representatives in the county council of those municipalities giving a majority in favour of the by-law, and to be affected by the same, shall have any voice in reference to the expenditure of the money to be raised thereby. (6) In all other respects the Voting on the by-laws, and the passing and subsequent proceedings thereon, shall be in accordance with the provisions of this Act. 46 V. c. 18, s. 627 (2-6). (7) Cities and towns separated from the county may, with the approval of the ratepayers qualified to vote on money by- laws, pass similar by-laws to assist in the purchase of any toll roads, in which the cities or separated towns may be interested, or may pass by-laws abolishing the market fees charged by them, on condition that certain toll roads therein named are made free. 49 V. c. 37, s. 34, part Sec. 635. THE MUNICIPAL ACT. Chap. 184. 247 TITLE IV.-POWERS OF MUNICIPAL COUNCILS AS TO RAILWAYS. Aiding railways by taking stock, etc. Sec. 634, When head of Council to be a DirecUrr ex-officio. Sec. 635 townships may permit Railways to he constructed on high- ways, etc. Sec. 636. ^ Grouping clauses repealed. Sec. 637. 634. Tbe council of every county, township, city, town and By-laws may incorporated village may pass by-laws- ^ b/maTe CL .ibJ^'l '"^"'''!,¥''g ^or ^""l number of shares in the capital Taking stock stock of, or lending to, or guaranteeing the payment of any in ceSran- sura ot money borrowed by, an incorporated railway company '^''/^°'■ «"»'•- to which section 18 of the statute 14 and 15 Victoria, beSref chapter 51 or sections 75 to 78 inclusive of chapter m ofi4. isvlc. the Consohdated Statutes of Canada, or the equivalent sections f<*'o«- ^2. «« of The Railway Act of Ontario, have been or may be made as 75 ts"' ' applicable by any special Act : ^ r;v stit. o. hll ^Z endorsing or guaranteeing the payment of any de-For gua^rL benture to be issued by the company for the money by them ^^"•^g *he borrowed, and for assessing and levying from time to time Hf f * °* upon the whole ratable property of the municipality, a suVSet. "' sum to discharge the debt or engagement so contracted ; 3. For issuing, for the like purpose, debentures payable at For issuin. ucht.mes,and foi such sums respectively, not less than $20,debentu"f. Sks^^""^ 0"^ not bearing interest, as the municipal counciP^^- 4 For granting bonuses to any railway company in aid ofj, such railway, and for issuing debentures, in the same manner ""'*'• as IS m the preceding sub-section provided, for raising money to meet such bonuses ; ° . •' 5. For directing the manner and form of signing or endors-p- ing any debenture so issued, endorsed or guaranteed, and ofSbTuture. countersigning the same, and by what officer or person the same shall be so signed, endorsed or contersigned respectively ; But no municipal corporation shall subscribe for stock or a ' * * incur a debt or liability, for the purposes aforesaid, unless' the eleT^neces. Dy-law, before the final passing thorof, receives the assent of ««y- the electors of the municipality in manner provided by this manU '* ' '■ ^'' "'^'^ ^"P- ^^^' '' ^^ (^)' «^^ '''■ hti:. X ^ "''^ ""''°'«'P*1 council subscribes for and i^ certain hulds stock in a railway company under the next preceding c^rhL section to the amount of $20,000 or upwards, *he head of the """"^^il *» t council suah ue eu:-o^'c/<. one of the directors oi the company tZ^^ in addition to the number of directors authorized by the special Wm '■ I *• 248 Chap 184. THE MUNICIPAL ACT. Sec. 685. By-laws authorizing branch rail- ways, tram and other rail- ways along highways. Rev. Stat, c. 170. Act, and shall have the same rights, powers and duties as the other directors of the company. 46 V. c. 18, s. 629. See also Cap. 170, s. 39 (4). 630. The council of every township may pass by-laws for authorizing any railway company, in case such authority is necessary to make a branch railway on property of the corpora- tion, or on highways, under such conditions as the council sees fit, and subject to the restrictions contained in The Rail- way Act of Ontario, and any other Acts aflFecting such railway ; and may also pass by-laws to authorize the companies or indi- viduals to construct tramways and other railways, along any highway, on such terms and conditions as the council sees fit 46 V. c. 18, 8. 630. Grouping 631. So much of any enactment in private and other Acts, clauses in rail- passed on or before the 5th day pf March, 1880, as authorizes way Acts ^j, provides for the grouping or joining together of municipali- E&SS6C1 on or oirovoo^ r^ efore March ties or a municipality, or pr.rt of any municipalities or muni- 5, 1880, re- cipality with part of another municipality or parts of other pealed. municipalities for the purpose of granting municipal aid to any railway or railway company, is hereby repealed and declared to be inoperative. 46 V. c. 18, s. 631. PART VIII. POLICE VILLAGES. Div. I.— Formation of. Div. II. — Trustees, and Election of. Div. III.— Duties of Police Trustees. Division I. — Formation of. Existing Yillages continued. Sec. 638. New Police Villages — how formed. Sec. 639. Existing 638. Until otherwise provided by competent authority, pobee villages gyery existing police village shall continue to be a police continued. ^.jj^^^ ^.^j^ ^^^ boundaries now established. 46 V. c. 18, s. 632. Sec. 644, THE MUNICIPAL ACT. Chap. 184. 249 :e8. 639. On the petition of any of the inhabitants of an unin- New pol corporated village, the council or councils of the county or '''"■8 counties within which the village is situate may, by by-law erect the same into a police village, and assign thereto such limits as may seem expedient. 46 V. c. 18, s. 633. Division II.— Trustees, and Elections Thereof. Existing Trustees continued. Sec. 640. Trustees three in number. Sec. Qi^l. Qualification, required for. Sees. 642, 643. Electors, who are. Sec. 644. Ekction, where to he held. Sees. 645-647. Returning Officer, how appointed. Sec. 645. Election not to he held in a tavern. Sec. 647. Nomination, how conducted. Sees. 648-660. ' Polling, how conducted. Sees. 651-655. Powers of Returning Officer. Sec. 656. Tenure of office. Sec. 657. Return of Voters' lists, etc. Sec. 658. Vacancies, how filled. Sec 659. Inspecting Trustees, how appointed. Sec. 660. fl.;?1?!^; Jb® *T*r'u°n r®7 P^^^*'^ ^"^*g« ^^'^ti^g when present tms. this Act takes effect, shall be deemed the trustees respectively *««« "ontin- ot every such village as continued under this Act. 46 V. c 18 "^'^■ s. 634. ■ ' « .ji *u'' Th« trustees of every police village shall be three in Number of number. 46 V. c. 18, s. «35. trustees. 642. The persons qualified to be elected police trustees o„ ifi .• shRll be such persons as reside within the police village orottustr withm two miles thereof, and are eligible to be elected town- ship councillors, and are qualified in respect of property for which they are rated in such police village to the amount required so to qualify them. 46 V. c. 18, s. 636. 643. If there are' not six persons qualified under the nre- n « ■ ceding section any person enti'tled to v^ote at the eUon may nutbero? " be elected. 46 V. c. 18, s. 637. ^ qualified per- sons. v.i1*f / township elector, rated on the last assessment Qualification roll for such property in a police village as entitles him to vote S Sectors'!'' in respect thereof at the municipal election for the township shall hp onfiflpfl f« "/vf« -i 4.1. . -I.-.' ,• ,. "' 4fi V ~~ ie """ «Qo'"^ iQe uiection lor police trustees. 260 Gbap. 184. THE MUNICIPAL ACT. See. 645. Place for H45. The cuuncil by which a [)oIice village is eBtabliehed holding first gjiall^ by the by-law establishing the same, name the place in ' ■ the village lor holding the first election of police trustees, and the returning officer therefor. 46 V. c. 18, s. 639. h'ta^ ^°' h •^O. In a police village, after the tirst election, the trus- sequent dec- ^^^^ thereof, or any two of them, shall, from time to time, by tions, etc. writing under their hands, appoint the returning officer, and the place or places within such village for holding nominations and elections. 46 V. c. 18, s. 640. No election to ^4^. No election of police trustees shall be held in a tavern, tavern*^ '" * Or in a house of public entertainment licensed to sell spiiituous liquors. 46 V. c. 18, s. 641. Nomination meeting. 048. — (1) A meeting of the electors shall take place for the nomination of candidates for the offices of police trustees, in each police village, at noon on tlie last Monday in December, annually, at such place therein as is from time to time fixed by the trustees. Provision for (2) When the last Monday in December happens to be Christmas Christmas day, the meeting shall be held on the preceding Friday. 46 V. c. 18, s. 642. day. Who to 649. The returning officer (or, in his absence, a chairman preside. ^^ ^jg cliosen) shall preside at such meeting, of which the police trustees shall give at least six days' notice. 46 V. c. 18, s. 643. If no more 650. If only three candidates are proposed and seconded, candidates the returning officer or chairman shall, after a lapse ot one than offices, j^^^^^^ declare such candidates duly elected. 46 V. c. 18, s. 644. If more, and poll de- manded. Election. 651. If more than the necessary number of candidates are proposed, the returning officer or chairman shall adjourn the proceedings until the first Monday in January, when a poll or polls shall be opened for the election, at nine o'clock in the morning, and shall continue open until five o'clock in the after- noon, and no longer. 46 V. c. 18, s. 645. Notice of per- 655J. The returning officer or chairman of the meeting sonsproposedgiiall, on the day following that of the nomination, post up in to be posted, ^j^^ ^^^^ ^f ^j^^ ^.^^^^ ^j- jj^^ township, if it is situated in such police village, and if not, then in some other public place in such police village, the names of the persons nominated at J'^^*°^^o*e'*s8uch meeting; and shall, if a poll is necessary, demand in tained." " writing from the clerk of the township, or clerks of the townships, a list of the names of the persons appearing by the assessment roll to be entitled to vote in the said police village, such as is required to be furnished under the next succeeding section. 46 V. c. 18, s. 646. bee. 669. THE MUNICIPAL ACT. Chftp. 184. 251 3. The olerk of tlie townsljiu, or clerks of the town- Clerk «f in which any police village is situated, shall, at latest *°^""*''P *° e flav previous to thp. Hrv *'nr n.^«nin« f».« ,wJl ,4^l;„„_ ... furnish alph»- 653. ships on the Hay previous to the day for opening the poll, deliver toSafiift the returning otticer of such police village a list of thevoS names, according to the form by law prescribed in the case ot other munpicial elections, of the persons entitled to vote at township municipal elections, in respect of real property situ- ate, or income received in the said police' village, or in the portion thereof in the municipality of such clerk, and shall attest the said list by his solemn declaration in writing under his hand. 46 V. c. 18, s. 647. fe54. The various sections of this Act relating to the pro- ceedings at the nomination and election of township council- lors, including those relating to the questions to be put and oaths to be admmistered to electors, and as to the appointment ot a cliairman or returning officer, in case the person ap- pointed 18 absent, and also the provisions respecting contro- verted elections and for the prevention of corrupt practices shall apply and be acted on, unless where a different provision 18 herem made, in the election of police trustees. 46 V c 18 s. 648. ' ■ ' Except whore otherwise provided, sapie proceed- ings, etc., to be ha^as at elections, etc., of coun- cillors, eto. 655. In case a casting vote is required to determine an Casting vote, election, the returning officer, whether otherwise qualified or not, shall give a casting vote for one or more of such candi- dates, so as to decide the election, and except in such case the returning officer shall not vote at such election. 46 V. c. 18 s 649. ' ' ' ■ 656. The returning officer shall have the like powers for Powers of the preservation ot the peace as are given to returning offi-'^*""""g "''V" io'^P"iL'^*"''"'"= «*«^''« ^^ municipal elections. ''^'"■- 4o V. c. 18, 8. 650. 651. The persons elected shall hold off.ce until their sue- Term of cessors are elected or appointed and sworn into office and hold^^^^- tlieir first meeting. 46 V. c. 18, a. 651. 658 Every returning officer shall, on the day after the Returning close ot the poll, return the ballot papers, voters' list and other "ffi^er to re- documents relating to the election, to the clerk of the town- *'"'° ^*"°* ship in which the village is situated, or in case the village t'oaS"' lies m several townships, then to the clerk of the county township, venhed under oath before such clerk, or before any Justice of^^"*^®'^"'^'^" the Peace for the county or union of counties in which the village lies, as to the due and correct taking of the votes. 46 659. In case of a vacancy in the office of a police trustee Filling oy death or otherwise, the remaining trustee or trnate"" °hal' vacancies, by writing to be filed with such clerk as aforesail appoint a trustee or trustees to supply the vacancy. 46 V. c 18 8 653 262 Chap. 184. THE MUNICIPAL ACT. Sec. 660. Appointment 6^0. The trustees of every police village, or any two of of m«p«oting gy^jj trustees, shall, by writing under their hands, to be filed truBtee.. ^.^j^ ^j^^ ^j^^j^ ^j. ^j^^ township, oT in case the village lies in several townships, with the clerk of the county, appoint one of their number to be inspecting trustee. i6 V. c. 1 8, s. 664. Division III.— Duties of Police Trustees. iA r 663-666. Sec. 667. Oaths of office and Qualification. Sec. 661. J^trst Meeting of. Sec. 662. Expenses of, hov) provided for. Sees. lieyulations to he enforced hj Trustees. Prevention of Fire. (1-12) Gunpowder. (13, 14) Nuisances. (15). Penalties. Sees. 668-670. Neglect of duty by Trustees, how punishable. Sec. 669. Limitation of actions for penalties. Sec. 670. m ifil Oath of office <»61. Every police trustee shall take oaths of office and and qualifica- qualification in the same manner and within the time prescribed *'°"' for township councillors, under like penalties in case of default. ' 46 V. 0. 18, 8. 655. When first 663. The trustees of every police village shall hold their meeting to be gj.gj meeting at noon on the third Monday of the same January ^^^^' in which »hey are elected, or on some day thereafter at noon. 46 V. c. 18, 8. 656. Expenditure, 663. The' trustees, at anytime previous to the first day of how provided June, may require the council of the township or townships *"" in which the police village is situated to cause to be levied along with the other rates, upon the property liable to assess- ment in such village, such sums as they may estimate to be required to cover the expenditures for that year in respect of matters coming within their duties, and to cover any balance for expenditures incurred during the year then last past, such sum not to exceed one cent in the dollar on the assessed value of such property. 46 V. c. 18, s. 657. for. Where village 664. In case the village is situated in two or more town- in two or ships, the trustees shall require a proportionate amount from each, according to the value of the property of the village in each township, aa shewn by the last equalized assessment rolls. 46 V. c. 18 s. 658. more town ships. Sec. 607(7). THE MUNICIl'AL ACT. Chap. 184. 253 hfut?' t7"fhip treasurer shall from time to time, if Paynieut of he has moneys of the mumcipality in his hands not otherwise "^'^•"•'' k'^*" appropriated, pay any order given in favor of any person bv „^^ *'^''**'"' the .nspect.ng trustee, or by any two of the trusLs, to the ' extent of the amount required to be levied as aforesaid, al- ' though the same may not have been then collected. 46 V c 18 8. boy. ' ««6. No trustee shall give such order in favour of any vv». , SZirr' ^" r^ ^'^''T^y '^''^"•'"^^ pertbrme.I, or inm^Xv- payment of some other executed contract. 46 V. c. 18, a. 660. 6«T. The trustees of every police village shall execute and Following enforce therein the regulations following : reglS. to be unforced : Prevention of Fire. 1. Every proprietor of a house more than one story hieh '""''P'-o^iding shall place and keep a ladder on the roof of such house near ''"''^«"' «*^- to or against the principal chimney thereof, and another ladder reaching fro,., the ground to the roof of such house under I penalty of $1 for every omission ; and a further ponahy "f «2 ''^'^^*^- tor every week such omission continues. r j- v fitL^cL^Tinrw!^'^''''''"r''^f ^'"^^^^ ^'^^ *^« buckets Fire buckets, of $[ rS^rk^t'SeSnt' ""''"' '''''^ ""^^^ ^ penalty PenaU. _ 3. No person shall build any oven or furnace unless it ad- a« t f Cck l^iZ T^"'\^ connected with a chimney of stone omt . ^ brick at least three feet h.gher than the house or building in wh.ch the oven or furnace .s built, under a penalty not exceed- Penalty, ing f 2 for non-comphance. •r j ^^^^ j lath nl°tiHr''nr'J'" P^'^ * '^'^'P'P' *^''""g^ ^ ^^"O'ien or Stove pipes, lath partition or floor, unless there is a space of four inches «*«• between the pipe and the woodwork nearest thereto ; and the pipe of every stove shall be inserted in to a chimney ; and there shall be at least ten inches in the clear between an^ stove and any lathed partition o.^ woodwork, under a penalty of $2. Penalty. 5. No person shall enter a mill, barn outhonsfi nv ofaku , 6. No person shall light or.have a fire in a wooden house orr^v,- outhouse unless such fire is in a brick or stonrchimney or in '^' a stove of iron or other metal, properly secured, under a pen- alty ot ^1. f Penalty. orlh-^"-'"-%'^'"- "^"^ ^"' f '""'-' ^'' *« ^' «*r"«d intoSecuri„.fi.. or thxoui-a .uj- 3i.r.cu, lane yard, garden or other place, with- carried ' out having such fire confined in some copper, iron or tin*^'""«^ 254 Penalty. Lighting fires on streets. Penalty. Hay, straw, etc. Penalty. Ashes, etc. Penalty. Lime. Penalty. Chap. 184. THE MUNICIPAL ACT. Sec. 667 (7). Charcoal furnaces. Penalty. Gunpowder, how to be kept. Penalty. Not to be sold at night Penalty. Certain nuisances prohibited. vessel, under a penalty of $1 for the first offence, and of $2 for every subsequent offence. 8. No person shall light a fire in a street, lane or public place, under a penalty of $1. 9. No person Jshall place hay, straw or fodder, or cause tlie same to be placed, in a dwelling-house, under a penalty of $1 for the first offence, and of $5 for every week the hay, straw or fodder is suffered to remain there. 10. No person, except a manufacturer of pot or pearl ashes, shall keep or deposit ashes or cinders in any wooden vessel, box or thing not lined or doubled with sheet-iron, tin or copper, so as to prevent danger of fire from such ashes or cinders, under a penalty of $1. 1 1. No person shall place or deposit any quick or unslacked lime in contact with any wood of a house, outhouse or other building, under a penalty of $1, and a further penalty of ^2 a day until the lime has been removed, or secure i to the satis- faction of the inspecting trustee, so as to prevent any danger of fire. 12. No person shall erect a furnace for making charcoal of wood, under a penalty of $5. Gunpowder. 13. No person shall keep or have gunpowder for sale, ex- cept in boxes of copper, tin or lead, under a penalty of $5 for the first offence, and $10 for every subsequent offence. 11. No person shall sell gunpowder, or permit gunpowder , to be sold in his house, storehouse or shop, outhouse or other building, at night, under a penalty of $10 for the first offence, and of $20 for every subsequent offence. Nuisances. 15. No person shall throw, or cause to be thrown, any filth or rubbish into a street, lane or public place, under a penalty of $1, and a further penalty of $2 for every week he neglects or refuses to remove the same after being notified to do so by the inspecting trustee, or some other person authori'ied by him. 46 V. c. 18, s. 662. Penalties. Who to sue 668. The inspecting trustee, or in his absence, or when he fnr n^naltiex •« *v.« rvfTT nnTYinln'ti'^'l nf nnn of tbfi other trustees. shall sue for all penalties incurred under the regulations of police herein ^ii'''K Sec. 671. THE MUNICIPAL ACT. Chap. 184 266 in the VUL;«:S ^'T'\^^ '^' ^'^'' ^^'^"^S jurisdiction And before nf or Jflt^ I '"'"^i"? *^^''^'"' ^-^ ^'^^'^ fi^e "liles there- ^hom. of, or if there be no such Justice then before any Justice of the lT.rL77J''''-^'''''l '" '^' village;. and ti Justice shaU mav convict fb^'IIff 'T^ '''"P^'^'i.* '" * '"'"'"^''y "^^""^r, and Conviction may convict the offender, upon the oath or affirmation of a^^'^l^^y"^ credible witness and cause the penalty, with or wSut co ts^'"'*"- loot 7in''!^'' '' I' '''^f ^^ ^'«*^-« -d -le of he goods of the offender, to be paid over to the path-master or pah-masters of the division o? divisions to which the village belongs, or to such of the said path-masters as the tru te!s th/nl U '/"^"''' P.^*^-'""^*^'- ^' path-masters shall apply the pena ty to the repair and improvement of the streets and c'Ts, s 66^^ ^^'' "°^'' '^' ^''''''''' ^ ' '^' trustees; 46 V 669 Any police trustee who wilfully neglects or omit» to« , realf?nl3 T V"" -^^^^^ *° offence against the d'^ty by or^om s to iFfit'' ^""lu ««i*hlished, or who wilfully neglects *'"«*^- CONFIRMING AND SAVING CLAUSES. toStortS'r^Z^^^^^^ t'^'^'^ - construed Exceptions M„nip;Li n P r . ^f *he schedules in either of the ^'^^ repeal. Municipal Corporation Acts of 1849 and 1850 as defines the ^ZlctZlsi^ '' T'^fV^ ^«^-' being ScheddeB Schedule ^ of tip ' '''''f''' ^' ?' ^' ^' ^' «' ^' 10 and 11, and B of the Act of IhT' f "T^/'.^^' l^""^ ^' ^"'^ Schkule Boundaries of D 01 tne Act ot 1850, numbers 1, 5, 12, 13, 14 and 15 • and also «'*i«« «nd much of Schedule D of said Ac't of 1849 and 18^0 as *''"'^^- a d AcfoM «^r'^"J^^' '"\^^^^ '' "^^'^ °f section 203 of the ^„, , of ?h^l^f A ?' '"f f° "^"'^ °^ ""^ °^^^^ ^^''^iO"^ of either ^u"gh."*- have beef .tl! '''"'^"^ *° ""^ '^ *^« ^^'^^^"l^^ thereof as ' nave been acted upon, or as are in force and remain to be acted upon at the time this Act takes effect, and all nroclama Pro i nons and special statutes by or under whicrle \^nd ott'S*"*' tTnuin?th^:! Ji^ r^'f'.'' ^'' ^« r««P««*« the on- Special Acts, unuing tne same and thfi hniin<1%r!"° *b — r^ ->--n • • force. " 46 V. c. 18, s. eee.""" " '^ " ' '" continue lu 5 i: f-T^' rf'ij 7 %1W 256 Chap. 184. THE MUNICIPAL ACT. Sec. 672- V ^t t p 6118. Nothing herein contained shall affect 2 lU Act respect- E'not ■ ing the establishment of Municipal Institutions in the Districts aflfected. ^f Alooma, MusJcoka, Parry Sound, Nipissing, Ihunder Bay and kainy Biver. 46 V. c. 18, s. 667. SCHEDULE A. {Section 123.) Form of Ballot Paper. (1. In the case of Cities.) Form for Mayor. n -60 Ph O O 3 >> ^^ •S ja ja (- ^ O Oh ALLAN. Charles Allan, King Street, City of Toronto, Merchant. BROWN. William Brown, Oity of Toronto, Banker. Form for Alderman. ja -P a ° •« ^ -S rt t. -» . si* d ■ « O C ''^ .— £^ o ^ ft ..2 >. s'.§ :§ S Q ^^ u_j 9 eg ARGO. James Argo, City of Toronto, Gentleman. BAKER. Samuel Baker, City of To- ronto, Baker. DUNCAN. Robert Duncan, City of To- onto, Printer. tt Sched, A. THE M jNICIPAL act. Chap 184 (2. In the case of Towns divided into Wards.) Form for M ayor. Rbbvb and Deputy Rbbvb. 257 THOMPSON. Jacob Thompoon, of the Town: of Barrie, Merchant. WALKER. Robert Walker, of the Town of Barrie, Physician. BROWN. John Brown, of the Town of Barrie, Merchant. ROBINSON. Greorge Robinson, of the Town of Barne, Merchant. ARMOUR. Jacob Armour, of the Town of Barrie, Pumpmaker, BOYD. Zachary Boyd, of the Town of Barrie, Tinsmith. Form por Councillors. 0^ o I BULL. John Bull, of the Town of Bar- ne, Butcher. JONBS. Morgan Jones, of the Town of Barne, Grocer. McAllister. Allister McAllister, of the Town of Barrie, Tailor. O'OONNELL. Patrick O'Connell. of the Town of Barrie, Milkman. X X X X 17 268 Chap. 184. THE MUNICIPAL ACT. Sehed. A. (3. In the case of Townships divided into Wards) i ' Form for Rbbvb. s-V O) Q) £j *• o o -si -00 •43 3 g « * >> BARDELL. Thomas BardeU, of the Town- ship of Peel, Yeoman. SNODGRASS. Alfred Snodgrass, of the Town- ship of Peel, Yeoman. Form for Councillors. 1 1 '' 00 1 d 1 1 0^ BULL. John Bull, of the Township of York, Doctor of Medicine. 1 11 JONES. Morgan Jones, of the Town- ship of York, Farmer. 1 McAT.T.TSTER. Allister McAllister, of the town- ship of York, Fanner. 1 O'OONNELL. Patrick O'Connell, of the Town- ship of York, Lumber Merchant. 1 RUAN. Malachi Ruan, of tne Town- ship of York, Farmer. a SOHULTZE. i Eleiction of Members Gottfried Schultze, of the Town- ship of York, Farmer. s ^-^ WASHINGTON. George Washington, of the Township of York, Gentleman. Sched. A. the municipal act. cLap 184 (4. In the case of Incomomted Villages and Tommhips not divided into Wards.) BROWN. . John Brown, of the Village of Weston, Merchant. ROBINSON. George Robinson, of the Vil- lage of Weston, Physician. ARMOUR. Jacob Armour, of the VillMre of Weston, Pumpmaker. BOYD. •:Zachary Boyd, of the Village of Weston, Tinsmith. BULL. John Bull, of the Village of Weston, Butcher. JONES. Morgan Jones, of the Village of Weston, Grocer. McAllister. Allister McAllister, of the Vil- lage of Weston, Tailor. O'OONNELL. Patrick O'Connell, of the Vil- lage of Weston, Milkman. vjT?"^-"-^" *iy case where there are twn or m^ D f- "- 77" 46 V. c. 18, Sched. A. 259 I. .w 260 Chap. 184. THE MUNICIPAL ACT. feched. B. * SCHEDULE B. (Sections 126 and 146.) Directions for the Goidanck of Voters in Voting. The voter will go into one of the compay cments, and with the pencil provided in the compartment, place a cross, thus X, on the right hand side, opposite the name or names of the candidate or candidates for whom he votes, or at any other place within the division which contains the name or names of such candidate or candidates. The voter will then fold up the ballot paper so as to shew the name or initials of the Dep-itj- Returning Officer (or Returning Officer, as the case may be) signed on tne back, and leaving the compartment will, without shewing the front of the paper to any person, deliver such ballot so folded to the Deputy Returning Officer {or Returning Officer, as the case may be) and forthwith quit the polling place. If the voter inadvertently spoils a ballot paper, he may return it to the Deputy Returning Officer (or Returning Officer, as the case ma,y be) who will, if satisfied of such inadvertence, give him another ballot paper. If the vovsr votes for more candidates for any office than he is entitled to vote for, his ballot paper will be void so far as relates to that office, and will not be counted for any of the candidates for that office. If the voter places any mark on the paper by which he may afterwards be identified, his ballot paper will be void, and will not be counted. If a voter takes a ballot paper out of the polling place, or deposits in the ballot box any other paper than the one given to him by the officer, he will be subject to imprisonment for any term not exceeding 6 months, with or without hard labour. In the following forms of Ballot Paper, given for Ulustratio^i, the Can- didates are, for Mayor, Jaoob Thompson and Robert Walker ; for Reeve, John Brown and George Robinson ; for Deputy Reeve, Jacob Armour and Zachary Boyd ; and for Councillors, John Bull, Morgan Joneh, Allistkr McAllister and Patrick O'Connbll ; and the elector has marked the first paper in favour of Jacob Thompson fm- Mayor, George Robinson /or Reeve, avd Zachary Boyd/o> Deputy Reeve, and Jims marked the second payer in favour of John Bull and Patrick O'Connell for Councillors : f > 9^ Sched. B. THE MUNICIPAL ACT. Chap. 184. 261 THOMPSON. Jacob Thompson, of the Town of Barrii , Merchant. WALKER. Robert Walker, of the Town of Ba ■ ie, Physician. BROWN. John Brown, of the Town of Barrie, Merchant. ROBINSON. George Kobinson, of the Town of Barne, Merchant. ARMOUR. Jacob Armour, of the Town of Barrie, Pumpmaker. BOYD. Zachary Boyd, of the Town of Barrie, Tinsmith. -p S fe o H oi M H O > u *5 a: REMARKS. •joujounoo •9\99>I puB aOiCflpi •uiaiyu JO aB9A8 0^ I«8nj9a •p9UWiy« JO UJOAVg • •snoi^ogfqo •a9^0A JO 90U9pi99a; •a9!>0A 9«iooni JO 'nog ,8a9aij«j '(Hreu9x 'jgpioq -98nOIJ 'j9pi0^93J^ •9^0A 0^ p9J^I^U9 8t J9^0A 9q!j qoiqAV j6!J09d89JUl A:jjO(l -OJj JO uoiidijosa(j[ i NAMES OF THE VOTERS. ^ •p9;}0A B«q J9;oA 9q; jjjBtn joj uianioo I, ^ a » '^ la'*' S 4* _^ * c > ^ o a Si- 13 B -g I 05 " -« B (5J I— I > O „ cS C 3 S aj « '2 B^ O Chap. 184. Sched. F. THE municipal act. SCHEDULE D. (Section 135.) ■ Ceetifioatb as to Assbssmbitt Roli.. Election to the Municipal Council of the «/ . 18 . I, A, B., Clerk of the Municipality of , in the County Township ior as th. ca^e':J^y7^ir'''' ''"'' *'ZnThici; Ti '°^*•^'' list to be used at this electio'n is\ased. was retumeftS me by the Ass'eS for said Township {or as the case may be) on the ^ day of rected on the ' ^® ' "Sa/of * *^' "'™' """ finally revised and cor- Dated this day of ,18 . A.B., Clerk. 46 V. c. 18, Sched. D. 26S ; ?, SCHEDULE E. {Section 149.) Form of Declaration of Inabiuty to Read, etc. I, A. B., of , being numbered on the voters' lisf for LiSimtV^^^^^^^^^ "^^ K • ' }" ^'^f ""''y ("'• - ^^cc!::Zyre) o " Tr „;?!<, ^ ,, ^ r' ^®'"S * ^^^^^^ qualified elector for the said Citv £ad ro?tW iTJ i:l°\ ■ , • ' '^^ ^^'•^^y ^«°1"« *l^^t I «™ "'able o The day of , A. D. 18 {A. B. His X mark.) 46 V. c. 18, Sched. E. SCHEDULE F. (Section 149.) Form OF Attestation CLArsB To be Written upon or Annexed to the Declaration of Inability to Read, etc. inJ'8,?bd?vlsSon ^"^^^"^Sned, being the Deputy Returning Officer for poU- h^-ebrcPft£-theabo;e%t t^^c^ Z^'^T^^:^:^ ^^ (Signed) CD., Deputy Returning Oflicer for PoUing Sub- Division No. , in the City (or as the case may be) of Dated this day of A. D., 18 46 V. c. 18, Sched. F. I25JS 11 264 Sched. Q. THE MUNICIPAL ACT. SCHEDULE G. {Sections 156, 315 aixd 316.) Chap. 184 ^5 ;. Oath of Dbpuxy Rbtubninq Offickr after the Closing of the Poll. 1, C. D., the undersignod Deputy Returning OflBcer fur polling sub- division No. , of the City (or as the case may be) of , in the County of , do solemnly swear {or if he is a persMi permitted by-law to affirm, do solemnly affirm) that to the best of my knowledge the an- nexed voters' list usoi^ ii .ir.a ior the said polling subdivision No. of the said City {w as Ute case may be) was so used in the manner prescribed by-law, and that the entries requirad by law to be made therein were cor- rectly made. {Signed). CD., Deputy Returning Officer. Sworn {or affirmed) before me at A. D. 18 . {Signed) this day of X F., Justice of the Peace, Or A. B., * , Clerk of the Municipality of Note. — The foregoing oath is to be annexed to the voters' list iised at the election. 46 V. c. 18, Sched. G. ■ '¥m SCHEDULE H. {Section 170.) Form of Statctory Declaration of Seobecy. I, A. B., solemnly promise and declare that I will not at this election of members of the Municipal Council of the City {or as the case may be) of , disclose to any person or persons the name of any person who has voted, and that I will not in any way whatsoever unlawfully attempt to ascertain the candidate or candidates for whom any elector shall vote or has voted, and will not in any way whatsoever aid in the unlawful dis- covery of the same ; and I will keep secret all knowledge which may come to me of the person for whom any elector has voted. Made and declared before me at , this A. D.18 . 0. D., Justice of the Peace {or Clerk 01 liiu iriuuit;xuu.iity ui ;. day of, 46 V c. 18, Sched. H. Sched. L. THE MUNICIPAL ACT. SCHEDULE J. (/Section 295.) FoBM OP Ballot Paper. Ohap. 184. 265 ^46 V. c. 18, Sched. J. SCHEDULE K. {Stctions 298 and 390.) I, the undersigned, A. B., solemnly declare that I am a ratepayer of the Township (or as the case may be) of {The Municipality the Council of which proposed the By-law), and that I am desirous of promoting (or opposing as the case may be) the passing of the By-law to (here insert object of tJte By- law), submitted to the Council of said Township (or as tlie case may be). Made and declared before nie this A. D. 18 . a D., Head of Municipality. (Signature) day of A. B., 46 V. c. 18, Sched. K. SCHEDULE L. ^ (Section 307). Directions por the Gdidance of Voters in Voting. The voter will go into one of the compartments, and with the pencil provided in the compartment, place a cross (thus X) on the right hand side, m the upper space if he votes for the passing of the by-law, and in the lower space if hu votoa against the •■'assine of thp. h-"-l;;'.v The voter will then fold up the "baUo? paper so'as to sliew the name or initials of the Deputy Returning Officer (or Returning Officer, cm the case 266 Chap. 184. THE MUNICIPAL ACT. Soiled. L. may be) aiffned on the back, and leaving the compartment will, without ■hewing the front of the paper to any person, deliver auch ballot bo folded to the Deputy Rotuitiing Offloer {or Returning Oiiicer, an the ccue may be) and forthwith quit the polling place. If tlie voter inadvertently spoils a ballot paper, he may return it to the Deputy Returning Officer (or Returning Officer, an the ccue may be), who will, if satisfied of such inadvertence, give him another ballot paper. If the voter places on the paper more than one mark, or places any mark on the paper by which he may be afterwards identified, his ballot paper will be void, and will not be counted. If the voter takes a ballot paper out of the polling place, or deposits in the ballot box any other paper than the one given to him by the Deputy Returning Officer (or Returning Officer, as the case may be), he will be Bubicct to imprisonment for any term not exceeding six months, with or without hard labour. In the following form of Ballot Paper, given for illuatration, the Elector has marked his ballot paper in favour of the passing of the By-law : FOR The By-law. X AGAINST The By-law. 46 V. c. 18, Sched. L. • SCHEDULE M. . i. (Section S33.) FoKM OF Statutorv Declahatxon of Secrecy. I, A. B., solemnly promise and declare that, at the voting on the by- law submitted to the electors by the Council of the Township {or as the case may be) of (and the voting on which has been appointed for this day), I will not attempt in any way whatsoever unlawfully to as- certain the manner in which .any elector shall vote or has voted, and will not in any way whatsoever aid in the unlawful discovery of the same ; and I will keep secret all knowledge which may come to me, of the manner in which any elector has voted. Made and declared before me at , this day of , A.D. 18 . G. D., Justice of the Peace (or Clerk of the Municipality of ). 46 \ . e. 18, ocYi ucu. m Sec. 1(2). MUNICIPAL INSTITUTIONS, AUiOMA, ETC. Chap 186. AN ACT '''^'s'?m,^''rL''"^''"p;:?''''"'^^^'' OF MUNICIPAL IN- STITUTION.' .-: HE DISTRICTS OF ALGOMA MUS- • KOKA, PAPiY S.UND, NIPISSING, THUNDER BAY AND RAINY ;"' , I. nwi>u£,K BAY (t 186, R. S. 0., 1887.) 267 ' i w Organization of townships : Area and populatioji required, 8. 1. Preliminary meeting, as. 2-5. Election of first Council, ss G-IC. Appointment of Clerk, etc.. s. 17. Powers of Council : General powers, ss. 18, 19. As to assessment, ss. 20, 21. Assessment appeals, ss. 22, 28. Assessments after the first, s 29. Collection of taxes, ss. 30, 31. Arrears of taxes, s. 32. Sale of lands, s. 33. Liquor licenses, s. 34. Licensing auctioneers, etc., s. 35. Constables s. 36. Lock-up houses, s. 37. Other powess, s. 38. Elkotions and Councils afteh the FIRST : Voters' qualification, s. 39. Councillors' qualification, s. 40. Election how conducted, s. 41. Nomination meeting, ss. 42-44. Polling, B. 45. Tenure of office, s. 46. Controverted elections, s. 47. Vacancies in Council, s. 48. Conduct of business, s. 49. Reeve to be a justice of the Peace, s. 50. Police villages : Formation of, ss. 51, 52. Electors, s. 63. Trustees, s. 54. Powers of Liedtenant-Goveenoe A.ST0 ANNEXATION OR UNION, S. 55 Special provisions as to Alooma AND Thunder Bay, s. 56. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — ,. -^•.~(^) '^^^ inhabitants of any township in any of thew •• ,• districts of Algoma, Muskoka, Parry Sound, Nipissingf Thunder ^6™?! uay and Kamy River, having a population of not less tlian 100 organized, persons, may organize themselves into a township municipality and the inhabitants of any locality in any of the said districts' not exceeding in area 20,000 acres not surveyed into a town- ship or townships, and having a population of not less than lOU persons, may likewise organize themselves into a township municipality . 47 V. c. 33, s. 1 ; 48 V. c. 20, s. 7, Preamble and oched. (2) Provided always that any number of townships in the tt • . District of Rainy River, having in the aggregate at least lOOaS^mS! inhabitants, may organize themselves into a union township polities may muiiicipality, although the population of any one of the said °° '^^^aiiiz^d. ^m. ■ rm^' 268 Sec. 1 (2). municipal institutions, algoma, etc. Chap, 185. townships maj not amount to one hundred persons, and the proceedings for the purposes of such organization, and all other purposes mentioaeo in this Act, shall, as nearly as may be practicable, be the same as are hereinafter provided for in respect of the organization of an individual townshiu munici- pality, and all rights, privileges, and powers conferred upon or granted to individual municipalities organized thereunder shall extend and be applicable to such union township municipality, provided that any township forming part of such union muni- cipality having at any time after the formation thereof a population of not less than one hundred persons may with- draw from such union, and the inhabitants thereof may organize themselves into an individual township municipality in the same manner and tor all purposes under this Act, as if such township had not formed part of a union township muni- cipality, and on such withrawal the assets and liabilities of such township shall be determined, borne and paid in like manner as is directed by the provisions of The Municipal Act in regard to the withdrawal or separation of municipalities. 50 V. c. 30, s. 1. 3. In order to constitute and establish a municipality as above provided, it shall be lawful for the District Judge in Algoma and in that part of Thunder Bay not included within Kainy Eiver, and in Rainy River or any other of the said districts, for the Stipendiary Magistrate of the district in which such locality is situate, upon the receipt of a petition in which the limits of the proposed municipality are defined, and signed by not less than thirty inhabitants of such locality, to call a meeting by public notice of said inhabitants, to con- sider the expediency of erecting a municipality. R. S. O. 1877, c. 175, 8. 2; 50 V. c. 8, Sched. Petitioners to 3. Before the Judge or Stipendary Magistrate calls said makead^- meeting, it shall be the duty of those petitioning tor the posit to me_et ^junicipality, to deposit with him a sum sufficient to meet the Smecti^g expense of the meeting, as also of the election to be held, as and election, hereinafter provided. R. S. 0. 1877, c, 175, s, 3. Rev. Stat. c. 184. Judge or Stipendiary Magistrate, upon petition, tocall a public meeting to form Munici- pality. Judge or 4. The Judge or Stipendiary Magistrate shall name some fit Magistrate to ^nd competent person to preside at the meeting, who shall forth- appoint chair- ^,.^jj report the result of the same, with the votes given there- '"*"■ at, to the Judge or Stipendiary Magistrate, under oath, which may be administered by any justice of the Peace. R. S. O. 1877, c. 175, 6. 4. Judge or Magistrate to provide for first election. in the proposed municipality, and shall, in the notice providing for the election, name the returning officer who shall preside Chap. 185. MUNICIPAL INSTITUTIONS, ALGOMA, ETC. See. 13. 269 thereat; but no such municipality shall be established unless at such iueeting at least thirty freeholders or householders have voted in favour thereof. R. S. 0. 1877, c. 175, s. 5. 0. The officers to be elected at the said election shall be one Council, of reeve and four councillors, who shall have the same qualifica-^^at officers tion as voters, and shall constitute the council of the town- *'°™P*^^^*^- ship, the reeve being the head thereof. R. S. O. 1877, c. 1T5. s. 6. 7 The persons qualified to vote at the election shall be Qualification male British subjects ot the full age of twenty-one years, being °^ voters, householders resident in the locality proposed to be organized into a municipality. R. S. O. 1877, c. 175, s. 7. 8. At the time and place appointed by the Judge or Nomination, btipendmry Magistrate under section 5 of this Act, the nomination of candidates shall be made in the manner' pro- vided in respect to the nomination of candidates at municipal elections. R. S. O. 1877, c. 175, s. 8. 9. In case no more persons are nominated than are required Election by ' to be elected, the returning officer shall declare such persons acclamation, to be elected, R. S. O. 1877, c. 175, s. 9. ^ 10. In case a poll is required the returning officer shall ad- Notice of time journ tlie proceedings until the same day of the followino- week ^^^ pla°c of and shall declare the place at which a 'poll will be opened in ^"l^ing poU. the locality, and shall forthwith post up in at least six of the most public and conspicuous places in the locality, a notice de- claring that a poll will be held at such time and place R S O 1877, c. 175, 8. 10. ^ ■ II. The returning officer shai . previous to the opening of Poll book and tlie poll, procure a poll book, and he shall enter in such book how filled up. in separate columns, the names of tlie candidates proposed and secondec at the nomination, and shah, opposite to such columns write f le names of the electors offering to vote at the election and shall, in each column in which is entered the name of a candidate voted for by a voter, set the figure " i " opposite the voter 8 name. E. S. O. 1877, c. 175, b. 11. 18. In case a casting vofp is required to determine an castintr vote election the returning officer, whether otherwise qualified or not, shall give a casting vote for one or .uoie of the candi- date? so as to decide the election, and except in such case, the 5®.*'^-^ ng^ officer shall not vote at any such election. R.S.,0. io( !, c. 1(5, 8. L2. 13. The persons elected shall hold office until their succes- Term of office sors are elected, or appointed and sworn into office, and hold °f fi"t mem- their first meeting. R. S, 0= 1877 c. 175 s la "'^'^ °^ , _ J „, .„, councils. I'«£ ' 270 Sec. 14. MUNICIPAL INSTITUTIONS, ALGOMA, ETC. Chap. 185. m Oath of voters. 14. The following shall be the oath to be administered to voters at such election : You swear (or aoleranly affirm) that you are A, B.; That you are a subject of Her Majesty by birth (or naturalization) ; That you are of the full age of twenty-one years ; That you are a householder in the locality now proposed to be organized into a Municipality ; That you have not received anything nor has anything been promised you directly or indirectly, either to induce yc u to vote at this election, or for loss of time, traveling expehses, hire of team, or any other service connected with this election ; That you have not directly or indirectly paid or promised anything to any person either to induce him to vote or refrain from voting at this election ; So help you God. E. S. O. 1877, c. 175, s. 14. Declaration of election. 15*. After the election, the returning officer shall return to the Judge or Stipend iarj' Magistrate the result of the same, and the Judge or Stipendiary Magistrate shall, as soon as ay be convenient thereafter, by public notice, declare, the in Name of municipality. Tenure ot' ofRce of councillors. names of the persons so elected, who shall forthwith enter upon the duties of their office ; and the municipality shall from thenceforth be known as " The Corporation of the Municipality of , in the District of ; " and the said reeve and councillors shall hold and continue in office until their successors are elected, as hereinafter provided. R. S. O. 1877, c. 175, s. 16. First meeting 16. The first meeting of the council shall be held at a of council. time and place to be fixed by the Judge or Stipendiary Magistrate. R. S. O. 1877, c. 175, s. 16. Appointment 17- The council shall at their first meeting, or as early and remuner- as possible thereafter, appoint a clerk, treasurer and collector, treMurer and ^ho shall hold office until removed or dismissed by the coun- collector. cil ; and the council shall also fix the remuneration to be paid said officers, by by-law to be passed for that purpose. The clerk shall, within six days after his appointment, transmit to the Provincial Treasurer notice of the formation of the municipality with a description of its boundaries or limits. R. S. O. 1877, c. 175, s. 17 ; 50 V. c. 29, s. 55. P0WEE8 OF COUNCILS. r Power of 18. The council of every municipality in any of the said councils to districts, whether incorporated under this Act or otherwise, pass by-laws. g\^Q\\ ij^ve power to pass by-laws ior such purposes as are from time to time authorized to be passed by the councils of townships ; and the provisions relating to townships and tiieir I 271 Chap. 185. MUNICIPAL INSTITUTIONS, ALQOMA, ETC. Sec. offlcers of any Municipal Act from time to time in force shall apply to Bnc , m..n,c palities except wi.ere inconsieteat wi'tl the teib named in snb-sections 47 to 49 of section 489 and ;„""'"«•■« snb-sections 5, 11 to 25 27 28 anr^ qi ^f !^lf • W ..J, name ^^^essed, if he complains of I.is Appeal leti.rnng the r^l , give to the clerk written notice of hi^ "''««"» -i'- ground,: of comp/aint. E. S. O. 1877, c 175 s 21 eonncil shall, within two months aftc:- the ti^ Council to near and de- I yi. T' fixed '.vretui. ing the roll, appoir;t' I tJme and Xetb^ iJ^TF'^'^'^"^^ 272 Sec. 24. MUNICIPAL INSTITUTIONS, ALGOMA, ETC. Chap. 185. Appeals under Assess ment. Act. ft Rev. Stat. c. 193. Time for appealing where deci- sion of Court of Revision delayed. Appeal from *44.— (1) An appeal may be had from the decision of the the Counqil to QQyjjgji [^ ^jj^t behalf upon any complaint in respect of the Bto*7 said assessment or any subsequent assessment ;in the same manner as to the County Judge in other municipalities, and the decision of the Stipendiary Magistrate shall be final, and this appeal shall extend to any assessment for the munici- pality as well as to the first assessment. R. S. 0. 1877, c. 175, s. 23 ; 46 V. c. 23, s. 1. (2) Subject to the provisions of section 76 of The Assessment Act, such appeals in respect of an assessment in any munici- pality in the district of Algoma, or in that part of the district of Thunder Bay, not included in the Rainy River district, shall be to the District Judge, and in any municipality in any of the districts of Muskoka, Parry Sound, Nipissing and Rainy River, shall be to the Stipendiary Magistrate of the district, and such appeal shall lie whether the municipality was organ- ized under any general Act relating to municipal institutions in the said districts, or was incorporated otherwise. 49 V. c. 19, s. 5. g5. (1) If for any reason the decision of the Court of Revi- sion is not given six weeks before the time limited for the return of the roll by the Judge or Stipendiary Magistrate in case of an appeal to him, then the time for the return of such roll by the Judge or Stipendiary Magistrate shall be six weeks from the day when the decision of the Court of Revision is given. (2) The Judge or Stipendiary Magistrate may, note upon the roll that any assessment in respect of which an appeal is pending before him is undecided, and may return such roll to be acted upon in respect of the assessments which are concluded ; and the said Judge or Magistrate shall thereafter certify to the clerk of the municipality his decision as to such appeal ; and such certificate, whether given before or after the expiration of the said six weeks, shall have the like eflPect as if his decision were entered upon the roll by the said Judge or Magistrate. 46 V. c. 23, s. 2. aO. Notice of appeal shall, in all cases of appeal, be left with the clerk of the Division Court of the division in which such municipality is situated, and copies thereof shall also be left with the clerk of the municipality; and such notice shall be so given and left within the time, and the said clerks respectively shall, with regard to such appeal, perform all the duties and matters in the manner in that behalf required by law in the case of a like appeal to the County Judge as aforesaid. R. S. 0. 1877, c. 175, s. 24. Powers of 3T. The Judge or Stipendiary Magistrate shall have the Stipendiary ijkg powers and shall perform the like duties in respect of Magistrate. ^^^^ appeals as are performed by the County Judge in like case in other municipalities. R. S. 0. 1877, c. 175, s. 26. Notice of ap- peal. the Chap. 186. MUNICIPAL INSTITUTIONS, ALGOMA, ETC. SeC. 34. 273 thf Jud?o' of ir" f '" M*"^ ''"'''^ ^y *^« «°»^«i'' or bv Revised roll the Judge or Stipendiary Magistrate in case of appeal, shall *» be the roll be taken and held as the roll of the mnnicipality, f^r a "S-^ '""•^'*''' rra'im, ri7V:."26" '"'^ -^-^^--n^fter^provid:"-^'*^- fh< ^, c. 175, S. 29. • "• ^- Eev. Stat. c. 193. 33. Arrears of taxes due to any munirinaHfv ;« or,., e ^u :fiiktSrrr%^°"^^*^-^-^(^^^^^^^^^ as like arrears due to municipalities in counties: and the*^=^«« ^'^i treasurer and reeve of such municipality shall perform the 1 ke t'l '' ^*°** ountieTar^ if.T', T' -l^-^SeLn/of arrea'rs of taxes as in t:^!^^ ' counties are performed by the treasurers and wardens theieof- *">=*«' ^t<=-. and the various provisions of law relating to sales of land for P"'^'^'*^ ^°'- : reTro d- ' y'[h'° tf ^T" *'r^^' ^^^"' unless other- to sTs of id^hnrl f ' 'PP'^ '' /^' '""'^ municipalities and 10 sales ot i.nd therein for arrears of taxes due thereon and to deeds given therefor. 43 V. c. 28, s. 1. laereon and to 34. No sale of any lands for taxes shall take place in anv such municipality formed as aforesaid, except duriL the iZ - °'""' of July, August, September or October; a'nd the ait tiZfnt SrariUf/of taxes, i 274 Chap. 185 municipal institutions, algoma, etc. Sec. 34. Notdces, time of the proposed sale, which under sections 164 and 165 of The *°'' Assessment Act is required to be pablished in the Ontario Gazette and in a local newspaper, shall, when lands are to be sold in any such municipality for arrears of taxes, be published also once a week, for at least four weeks, in such newspaper pub- lished in the city of Toronto as the Lieutenant-Governor in Council may designate. R. S, O. 1877, c. 175, s. 31. Rey. Stat, c 193, 88. 164- 165. Council to re- 35. The council of any municipality formed under this Act gulate tavern gijall have the like authority in respect to taverns and shops licenses. within the municipality and the licenses therefor as the coun- Rev. St»t. c. ^jjg ^^ townships possess under The Liquor License Act. R. S. O. 1877, c. 175, s. 32. 30. Except in the cases of townships and villages attached or belonging to a county for municipal purposes, the councils of townships and incorporated villages in provisional judicial, temporary judicial, and territorial districts shall have power to pass by-laws for the purposes mentioned in sub-sections 2 and 3 of section 495 of The Municipal Act. R. S. 0. 1877, c. 175, s. 33. 31. The council shall have the power to appoint one or more constables within the municipality, whose duty it shall be to enforce and maintain law and order, and who shall perform all duties appertaining to constables; and the said council shall have power, from time to time, to remove the same, for any misconduct in their office, and shall also regulate the fees to be paid said constables : but such appointment and tarilf of fees shall be subject to the approval and ratification of the Stipendiary Magistrate of the said district. R. S. O. 1877, c. 175, 8. 34. Council may 38. The said council may establish and maintain a lock-up establish a house within the municipality, and may establish and pro- lock-uphouse. ^j^^ ^^^ ^.j^^ salary or fees to be paid the constable to be placed in charge of such lock-up house : but the appointment of said of^a^clSable Constable shall be ratified by the Stipendiary Magistrate of the thereto. district ; and the said council shall have power to remove or suspend such constable for neglect of duty or other misconduct. R. S. O. 1877, c. 175, s. 35. Townships and Villages in Districts to have power to license auc- tioneers, etc. Rev. Stat. c. 184, s. 495 (2) &(3). Appointment and removal of coniiitables. Fees to constables. ■ Certain sec- 39. In addition to the powers conferred upon said town- st'T^^i^^" ^^"P ^^ village municipalities by this Act, the following to apply. sections of The Municipal Act, shall be applicable to the said municipalities, so far as thev can be adapted to the same, viz.: sections 245, 247, 248, 249, 250, 25S, 263, 265, 266, 270, 271, 272, 273, 274, 275, 277, 289, 291, 329, 330, 331, S32, 338, 334, 338, 339, 848, 414, 419, 421, 422, 423, 479, 527 and ' 631. R. S. O. 1877, c. 175, s. 36. Sec. 44 MUNICIPAL INSTITUTIONS, ALGOMA, ETC. Chap. 185. 275 ELiCOTIONS AFTER THE FIRST. firs^s'haTfbe^'"'"' '^"''^^'^ '" ''^' "^ ''''^ ^'^^^^^'^ ^^^' the Who qualified ' • to vote. voters' l,8t„sed at the election U based, for said m„„fcbalitv ori,at:,,Lri;iiierfi:ri4itr"'^' -' ' '^^^^ sseZer 'oll"of":^ """"• f'^ «°">Pletion of 'the las? fvtd ■ sZr t™L 1.- ' ™""'"'l>allt}', and derives an income from some trade callmg office or profession of not loss tlia^ $400 annuallj., and is assessed for such income in and bv c™"ll,Ted°Tt' h" °f "'t.-"°°'<='>'""y. upon whfch tK voieis ist used at the election is based, and uosaessp^ t^he^quahhcations required by law other than in respecrot>o! nf%f''1P'P^'''^V!^'"'' 'J ^'^™^'''« ^on within the meaning Farmers' sons ot ne Mumctpal Act, and entitled as such to vote at munici? pa elections, under the provisions of said Act. R. S. O 1877, Rev. Stat. c. the^!omidl h/ anrZni, ,^" fl^'l-/^ be elected as men.bers of Qualifications (2) Section 77 of The mmicipal Act shall apply to mera-DisquaUfi hers of a .uunicipal council to be elected under this Act? 42 V. caS'^ 42. All elections after the first shall be conducted in thePu ^ Z^no"r "" P''°"'^^ ^■«'- mt^nicipal elecSinTown S^tTeleT tiiirAct.'' R^s^'aS," n5:s.''39" ''"""" """^^^ ^^'°"' 43. A meeting of the electors shall take place for the nomi m ■ .■ . nation of candidates for the ofhces of reeve^nd eouncilirof SeeTfX ^^ t le municipalities formed in accordance with the provisions of ^'''"•^^i^'o". this Act, on the last Monday in December, annually, at such place therein as may from time to time be fixed by by- law of the council. R. S. O. 1877, c. 176, s. 40. ^ ^ U. When the last Monday in December happens to be ^ ■ Christmas Day, the nominatioi of candidates for Te ofhce of fayTutron reeve and councillors in each of the said municipalities, shancwS " ake place on the precedi^ng Friday, at the times and places, and ^^^^ in the manner prescribed by law. R. S. O. 1877, c. 175, s. 41. V 276 Chap. 186. MUNICIPAL INSTITUTIONS, ALGOMA, ETC, gec. 53. Clerk to pre- 45. The clerk of the municipality shall preside at the meet- side at nomi- jng for the nomination of candidates for the offices of reeve "**'°°" and councillors for such municipality, and shall be the return- ing officer at all elections after the first election. E. S. O. 1877, c. 175, 8. 42. Returning officer. Polling day. 46. The electors of every suck municipality shall elect an- nually, on the first Monday in January, the members of the council of the municipality, except such members as may have been elected by acclamation on the nomination day. R. S. O. 1877, c. 175, s. 43. Term of office. 41. The persons so elected shall hold office until their suc- cessors are elected and sworn into office. R. S. 0. 1877, c. 175, 8. 44. Trial of con- 48. The provisions of law for the trial of controverted elec- troverted tions, applicable to councillors of townships in counties, shall elections. j ^^ ^j^^ members of the council of any municipality formed under this Act. R. S. 0. 1877, c. 175, s. 45. Vacancy in 49. In case the seat of any member of the council becomes Council, how vacant by death, resignation or a continued absence from meet- filled, ings of the council for a period of six months, it shall be the duty of the council to direct a new election to be held for the purpose of supplying such vacancy. R. S. O. 1877, c. 175, s. 46. Who to pre- 50. The reeve shall preside at all meetings of the coun- sideatmeet- oil, and in the event of his absence the council shall choose from among their number, a person to preside, and, in such case, the said person so presiding shall have all the powers and exercise all the functions appertaining to the reeve. R. S. O. 1877, c. 175, s. 47. ings of the Council. Reeves to be 51. The reeves of the various municipalities shall be, ex Justicv^sof ojlcio, Justices of the Peace, and shall have the like powers as fK. P.„n„ ^^^ exercised bv other Justices of the Peace in this Province. R. S. O. 1877, 'c. 175, s. 48. the Peace. POLICE VILLAGES. s>lii E t- f •^2- ^" petition of thirty of the inhabitants of a village polTce'*"^" in any of the said territorial districts containing one hundred villages. inhabitants at least, the Lieutenant-Governor in Council may, by proclamation, erect the same into a police village and assign thereto such limits as seem expedient. R.S.0. 1877, c 175, s.',49. Rev. Stat. 53. The provisions of The Municipal AH relating to police c. I84,ss.638- villao-es or their officers shall apply to the police villages 670, to apply gpgyted under the preceding section, except where inconsistent liiCer with this Act. R. S. O. 1877, c. 175, s. 50. 53. Sec. 54. MUNICIPAL INSTITUTIONS, ALGOMA. ETC. Chap. 185. 277 54. The electors of any such police village shall bo required Qualification to have the same qualiiication in respect to such village as the ''^ ®^®*'*°'"*' electors of the said township municipalities; and the elections rnJoKT tor police trustees shall beheld on the same days and in thelages. same manner as elections for councillors. R. S. 0. 1$77, c 175 8. 61. ' 55. Any elector of such police village resident therein may Qualification be elected as a police trustee, unless disqualified on account of of police holding an office inconsistwit with the position of police trustee *™8*««« R. S. 0. 1877, c. 175, 8. 52. ■ " 56.— (1) The Lieutenant-Governor in Council may, by pro- Lieutenant- clamation, annex to any municipality, formed as aforesaid anVn°^'^'"T'' '° territory lying adjacent thereto, and may upon the application SiTxWer- ot two or more adjacent municipalities, form the same, either tain munici- with or without additional area, into one municipality palities terri- ^ '' ' tory adjacent (2) In any such case the Lieutenant-Governor may fix the 1^*'''^^"' ^'^^ time at which the annexation or union shall take effect, and onr '"*° also the time when the first election shall take place, and the name by which the municipality shall be called. R S O 1877, c. 175, 8. 53. ^ ' ■ • • (3) The provisions of this section shall apply to any munici- pality or municipalities created by Act of the Legislature in any provisional judicial, temporary judicial or territorial district, and to any territory lying adjacent thereto. 47 V. c. 33, s. 2. » u m , ALGOMA AND THUNDEK BAY. 51. If any dispute at any time arises as to the validity of Jufige to de- any by-law, or resolution, or order of any municipality in "the''''^® disputes provisional judicial districts of Algoma and Thunder I3ay, the of bv 'laws'*'' same shall be referred to the Judge of the district, whose etc. decision thereon shall be final, and the said Judge shall have the power of enforcing his decision, if necessary, by a writ or writs under his hand and se«l, to be directed to the proper sheriff adapted to the purposes intended. R S O 1877 c. 180, 8. 128. § APPENDIX A— ACTS AND PARTS OF ACTS CONSOLIDATED, 279 APPENDIX A. «T.^?T-rt?® ^^^ ^^^'^^ O^ ACTS CONSOLIDATED IN THE RFVI8RD STATUTES OP ONTARIO. 1887. SINCE AND INCLUDING 46 VIC 1883 CAP. 18. THE . ONSOLIDATED MUNICIPAL ACl' im H. C. J., Htgh Court of JuHice Ruks ; Sup. , Superneded ; Rep.. RepmUd. 18 1 2 3 4 6 7 8 9 10 U 12 13 14 15 16 17 18 19 20 21 22 23 >24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4G VICT. 1883. COVSOLIDATED, Chap. Sec. Page. 184 193 184 1 3 4 6 6 7 8 9 10 11 12 13 14 16 16 18 19 20 21 22 2S 24 206 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 «2 43 44 1759 1760 ii %i ii it 1761 1762 (( (( 1763 1764 1766 it 1767 II (I 1768 41 2147 1768 1769 1770 II 177J II 1772 1773 (< If 1774 RsMARKil ^ X 18 45 46 47 48 49 50 51 52 53 54 65 66 57 58 69 60 61 62 63 64 65 66 67 68 69 70 n 72 73 74 75 76 77(1) (2) 78 79 80 81 82 83 84 85 46 VICT. 1883. CONSOLIDATKD. Chap. 184 Sec. Page. 45 46 47 48 49 50 51 62 63 64 56 184 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 184 74 75 76 77(1) (2) 78 79 80 81 82 83 84 85 1774 1775 1776 1777 Rkmarks 1777 l( 1778 II ^^^ o. . V* >^t:. 'Tit ^^ v>sSs.\>ig IMAGE EVAiUATION TEST TARGEf (MT-S) t 1.0 I.I [f iM IIIIIM «^ i^ 12.2 i "^ IIIIIM 1.25 1.4 13 1.6 %- VQ / ^ ^^: :^ > >.^ v '^'^y^ V' ^ ^;^^^ ¥ Photographic Sciences Corporation 2i Wf .T MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 ^ '4^^\ V ;\ U^ .^ ^•i" &?. f/^ I w, 280 APPENDIX A — ACTS AND PARTS OF ACTS CONSOLIDATED. f ' rt ^: f ■ 46 VICT. 1883. 46 VICT. 1883. Consolidated. CONSOLIDATID. A 1 Remarks, 1 M 1 REM.-.RKH. Cfj Chap. Sec. Page. fJ2 Chap. Sec. Page. 18 86 184 86 1788 18 144 184 145 1806 87 87 tt 145 146 if 88 88 1789 146 147 1807 89 89 (( 147 148 91 91 tt 149 150 1808 92 92 1790 160 151 It 93 93 (( Ul 152 11 94 94 If 152 153 1809 95 95 << 153 154 i " 1 96 96 If 154 165 II 97 97 it 155 156 1811 98 98 1791 156 157 II 99 99 II 157 158 1812 100 100 II 158 159 If 101 101 1792 159 160 1. 102 102 II 160 161 II 103 103 1793 161 162 1813 104 104 1794 162 163 11 )05 105 If 163 164 1816 106 106 1795 164 165 If lOV 107 1796 166 166 1816 108 108 f f ■ 166 167 II 109 109 If 167 168 «,l 110 110 II 168 169 1817 111 112 II 169 170 If 112 113 1797 170 171 H 113 114 tt 171 172 II 114 115 tt 172 173 1818 115 116 II 173 174 l« 116 .... '] Rep. 47 V. 174 176 176 If If \ c. 32, 8 5. 176 117 184 118 1798 176 177 1819 118 119 II 177 178 ft 119 120 11 178 179 II 120 121 f 1 179 180 II 121 122 1799 180 181 tt 122 123 tt 181 183 1820 123 124 1800 182 184 II * 124 125 125 126 (1 11 183 ....| Rep 48 y. i c. 39, 8. 7. 126 127 IC 184 184 186 1820 1'.'7 128 1801 ■ 185 187 1821 128 129 It 186 188 If 129 130 .1 187 189 f 1 130 131 II 188 190 1822 131 132 1802 189 191 ft 132 133 I 1 190 192 II 133 134 II 191 i93 If 134 135 If 192 194 II 135 136 1803 193 195 II 136 137 l( 194 196 II 137 138 II 195 197 II 138 139 If 196 198 1823, 139 .'40(1) 1804 197 199 II 140 141 f f 198 200 l( 141 142 1805 199 201 II 142 143 If ' 200 202 1824 143 144 1806 201 203 tl APPENDIX A-ACTS AND PARTS OF ACTS COiiSOLIDATED. 281 46 VICT. 1883. o 1) 18 I 202 I 203 204 205 206 207 208 209 I 210 211 I 212 I 213 i 214 j 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 2t3 244 243 246 247-251 252 253 254 255 256 257 258 259 260 Consolidated. Chap. Sec. I 184 184 184 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 243 244 245 246 247 Page. Rbmarks. 1824 1825 1826 1827 1828 1829 \ 228 229 230 231 232 233 234 235 236(1) 237 238 239 240 241 242 ! " 1830 Rep. 50 V. c. 29, 8. 7. 1831 249 250 251 253 254 255 256 257 258 1832 1833 1834 (( <4 1835 f ( 1836 1836 18.^7 Rep. 49 3. c. 37, 8. V, Rep. 60 V. c. 29, 8. 9 P'rtSup,49 V.c.38,8.8 46 VICT. 1883. XI O CONSOLIEATED. o 5B 18 261 I 262 263 264 265 266 267 268('.) (2) (3) 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294(1,2) (3) 295 396 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 Chap. 184 184 184 Sec. 263(1) 265 Page. 1838 ] 266 267 268 259(1) 262 264 261 259(2) 269 270 271 272 273 274 276 276 277 278 279 280 281 282 283 285 286 287 288 289 290 291 292 293 (1,2) 1838 1838 (( 1837 K 1838 1837 1839 1840 1841 *f it (( 1842 (( 1843 1844 (( 1845 Remark.s; Rep. 50 V. 0.29,8.11. Rep. 60 V. 0. 29, s. 9. 184 294 296 296 297 298 299 300 301 302 303 304 305 306 307 308 309 308 309 310 1846 1847 1848 1849 1860 1849 1850 r 49 V. t- .>7, 8. 5. 282 APPENDIX A. — ACTS AND PARTS OF ACTS CONSOLIDATED. 46 VICT. 1883. 46 VICT. 1883. Consolidated. Consolidated. %' 1 Remarks. §* 1. 6 REMARXi). Chap. Sec. Page. Chap. Sec. Page. 18 313 184 311 1851 18 369 (2) 184 367 (2) 1869 314 312 1852 370 368 It 315 313 II ■ 371 369 • ( ' 316 314 1853 372 370 1870 317 315 II 373 371 It 318 316 11 374 372 1871 319 317 1854 375 373 If 320 318 II 376 374 If 321 322 319 320 (1 377 Rep. 47 V. ■ • • * c. 32, 8. 9. 323 321 185g 378 184 376 1872 324 322 II 379 377 1 1 325 323 11 380 378 II 326 324 1856 381 379 1873 327 325 II 382 360 tf 328 326 II 383 381 f f 329 327 II 384 382 1874 330 328 (< 385 383 tf 331 329 1857 386 384 tf 332 330 II 387 385 1875 333 331 II 388 386 f 1 334 332 II 389 387 II .'ISS 333 1858 390 388 ft 336 334 If ] 391 389 tl 337 335 II 392 390 1876 338 336 11 393 391 II 339 337 1859 • 394 392 It 340 338 II 1 395 393 II 341 339 lit 396 394 1877 342 340 11 397 395 If V 343 341 (1) 1861 398 396 (1) II 344 342 II 399 397 1878 346 343 1862 400 398 ft 346 3C4 (1,?) f 1 401 399 tl 347 345 1863 402 400 If 348 346 II 403 401 1879 349 347 f ( 404 402 IC 350 348 1864 405 404 tl 351 349 if 406 405 1880 352 350 It 407 406 If 353 351 II 408 407 If 354 352 1865 409 408 1881 355 353 ti 410- 409 ft 356 354 (1 411 410 1882 357 355 1866* 412 411 ft 358 356 If 413 412 ft 359 357 1867 414 413 tf 360 358 II 415 414 If 361 359 It 416 415 1883 362 360 tf 417 416 ft 363 361 II 418 417 1883 364 362 f f 419 418 1884 365 363 1868 420 419 ft 366 364 tl 421 1 420 tf 367 365 II 422 421 11 368 Rep. 47 V. 423 422 fl • • ■ • c. 32, 8. 8. 424 423 1885 369 (I) ....} Rep. 50 V. c. 29, B. 16. 425 426 424 425 ft If 1 APPENDIX A. — ACTS AND PARTS OP ACTS C0N80L1DATBD. 283 46 VICT. 1883. §• J8 V CO CONSOtlDATJtD. Chap. Sec. 427 428 429 430 431 432 433 (1) (2) (3) (4) (5) 434 435 436 (1) (2) 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 463 454 455 456 457 458 459 460 461 462 463 464 465 466 467 '«68 469 470 I 471 472 473 474 475 476 184 I 426 427 428 429 430 431 4.S2 30 25 28 26 433 434 72 184 184 184 435(4) Page. 1885 1886 1887 1888 792 791 Gbmarks, 1889 1890 43 184 437 438 439 440 441 442 443 444 445 446 449 450 451 452 453 454 455 466 457 458 459 460 461 462 463 464 465 466 1 467 468 469 470 471 472 473(1) 474 475 1890 ft 1891 1892 1893 1894 1895 1896 444 1897 1898 1899 Rep. 50 V. c. 8, Sohed Rep. 49 V. c. 37, 8. 9. 'Not solidated, con 46 VICT. 1883. X! eg C0N30LIDATKD. Chap. Sec. 18 477 478 479 480 481 482(1-9) (10-15) (16) (17) (18-20) (21) (22) (23) (24) 483 484 485 486 487 488 489 490 (1) (2) (3-9) (10-21) (22) (23-31) (S2) (33-37) (38) 491 482 493 494 495(1,2) (3) (4) (5-11) 496 (Ist part. ) (1) (2) (3, 4) (5) (6-8) (9-12) (13) (14-16) (17-31) {32-35;| 184 242 184 476 5 ~ Remarks. Page. 1899 2587 184 477(1) 478 I 479(1-9) (10-15) 1899 1901 1903 184 479 (17-19) 521 (12) 479 (20) 479 (21) 480 (1) 481 482 483 484 485 486 489 (1 a) (2) (6.11a) (13-34) (25) (27-35) (26) (36-40) (56) 491 490 1904-5 1944 1905 1905 1906 1907 Effete. Unnecessary See 0. 199,8.4. R<=p. 50 V. c. 29 s. 20. Unnecessary 184 184 184 494 475(1,2) (3) (4) (5-11) 496 1908 It 1910 1911 1911-3 1914-5 1915 1916 (4 1917 1919 1920 1919 489 (3) 496 (2) 1921 1922 1923 1924 1926 Sub- See 47 V. c. 38,s. 12(1). 184 496(3-6) 489(55) 1911 1926 1926 1919 Rep. 47 V. c. 32. 8. 13. Rep. 47 V. c. 32, s. 13. Rep. 47 V. 0.32,8.13. 496(7-9) 1926 '"Hi a (27-30)1 1829 'Bj 284 APPENDIX A. — ACTS AND PARTS OP ACTS CONSOLIDATED. 46 VICT. 1883. 46 VICT. 1883. t . Consolidated. Remarks. Consolidated. Remarks. g. s* . 1 6 1 ' 1 Dhap.. Sec. Page. 1 Chap. Sec. Page. 18 (36) 184 (31) 1829 18 (9-11) 16-18) 1945 (37.38) (32,:}3) 1930 t 522 522(1) (( (39-41) ReJ>. 47 V. 3.32,8. 13. . 523 , Sup. 48 V. . . . . (3.2.3,8.2(3}. 196 (42) 184 (96 (34) 1930 524 184 524 1946 (43) (35) 1931 525 526 1947 N (44) ' Rep. 50 V. 3. 29, 8. 27. 526 526 527 tt tt 527 • (45) i ...A Rep. 47 V. 528 ■ 528 ft { B. 32, 8. 14 529 O^iJ 1 (46-48) 184 (38-40) 1931 530 5.30 1948 -C (49) \ ' ' * ' Rep. 47 V. 531 531 (1,2) 532 1949 B. 32, 8. 13. 532 (50) Unnecesgary See c. 169. 533 533 534 1949 tt 534 497 498 184 497 498 1932 19.33 535 ....\ Rep. 48 V. l c. 39, 8. 22. 499 499 1934 536 184 536 1950 500 500 H 537 537 It * 501 501 . 1935 538 538 it 502 502 tt 539 539 1951 503(1-3) 603 (1-3) ti 540 540 (( (4) .589 (61) 1918 o41 541 If (5,6) 603(4,6) 1935 \ 542 542 II (7) (6) 1935 543 543 II \ " / (8) (7) f ( 544 544(1) 1952 (9) (8) (( 1 545 545 II (10-12) (9-11) (( 546 546 (1-4) II ■ 489 (62) 1918 547 547 1953 (13) 503 (12) 1936 548 548 1954 504 (1) (2-5) Rep. 50 V. c. 29, 8. 30. 549 550(1-7) 549 550 (1-75 11 [ 1955 1 1956 ' 184 504 (2-5) 19.37 (6) ...J Rep. 47 V. c. 32, s. 16. (8) ....j Rep. 48 V. • • • . • • • I 1 0. 39, 8. 23. (7-13) 184 ( 504(6- 1 12) }i937 (9) 551 184 |i5.>0(9) 1956 1957 (14) r (13) 1938 552 ; '2 tt 505 505 (1 553 553 it 506 506 tt 554 554 1958 507 507 1939 555 555 tt 508 508 H 556 556 tt 609 509 tt 557 557 tt 510 510 (t 558 558 1959 511 511 (1-21 1940 559 559 it 512 512 1941 560 560 tt 513 513 tt 561 •561 tt 514 514 tt 562 562 tt 515 515 tt 563 563 tt 516 516 tt 564 564 !>60 517 517 t( 565 506 (1-6 1961-2 518 518 1942 566 567 1963 519 519 (( 567 565 1960 520 520 <( 568 568 1964 . S 1945 ' } 194r 1943 5 « 569 568 II .„'l(l-6 (7-8 ) 521 (1-0 (9-10 I 570 ■ 569(1-1 16)1 1965-f » APPENDIX A.— ACTS AND PARTS OF ACTS CONSOLIDATED. 285 46 VICT. 1883. u ^ 18 ,671 1572 573 '574 675 676 577 578 579 580 581 582 (1-3) (4) 583 584 (1) (2) 585 587 987 (1,2) (3) 588 589 690 591 592 503 594 595 696 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 COXSOLIDATED, Chap. 184 37 184 Sec. 570(1,2) Sch.B, 671 672 573 574 575 576 677 678 579 680 581 184 184 682 683 1) 584 685 686 (1,2) Page. 1870-2 389 1972 1973 1974 Remarks. 1975 i975 184 688(1,2) 689 590 691 1976 (I 1977 184 61'2part (1) (2-7) (8) 594 596 696 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 1978 If 1979 Effete. Rep. 47 V. c. 32, 8. 18. Sup. 50 V, 0. 29, 8. 41, 184 1980 1981 1982 1983 1984 1985 / Rep. 49 V. I c. 37, 8. 31. ) Rep. 48 V ( c. 39,8.28, 612 (2-7) 1986-7 Sup. 50 V, c. 29, 8. 48, Rep. 47 V, c. 32, 8. 20. Rep. .50 V. c.32,8, 42. 46 VICT. 1883. O X 1^ 18 ,613 614 615 616 617 618 619 620 621 622 623 624 626 626 627 628 629 630 631 J632 633 634 636 636 637 638 639 640 641 642 643 644 645 646 647 64S 649 650 651 652 663 664 666 656 657 658 659 660 661 662 663 664 665 666 Consolidated. Chap. 184 Sec. Page. 184 614 617 184 66T 668 669 670 671 620 621 622 623 625 (1, 2) 626 627 628 629(1,2) 631 632 638 (1,6) 634 635 636 637 638 639 640 64' 642 643 644 645 646 647 648 649 650 651 662 653 654 665 666 657 658 659 660 661 662 663 664 665 666 1988 1989 1990 1991 1902 1994 (I 1996 it 1996 it 1998 (( H 2000 2001 it it 2002 (( It (I 2002 it 2003 2004 2006 2006 Remarks. Rep. 50 V. 0. 29, 8. 42. { 2006 2007 2008 Sup. 47 V. 0. 38,8.12(1,2). 286 APPENDIX A — ACTS AND PA flTS ( )P ACTS CONSC >LIDAT ED. 46 VICT. 1883. '| 1 48 VICT. 1885. CONBOLI DATED. 1 CONSOLI DATED. p. Remarks. { 1 J RRMARK.S. S Chap. Sec. Page. Chap. Sec. Page. 18 667 184 672 2009 668 J Repealing clause. 39 1 2 3,4, 5 6 Shok't title. 184 56 1 1777 Schedd. 184 Scheds 2009 Rep. 49 V. 184 111 1796 0. 37, 8. 2. 182 1820 47 VICT. 1884. 7 8 9 10 11 185 268 396 (2) 4 466 18.38 1877 787 1896 d, s' CON.SOLIDATED. RKMARK.S. • 72 184 rt " cc Chap. Sec. Page. 12 13 496 466 1897 1896 1840 1923 1944 1928 3? 1 • Short title 14 15 16 17 511 (3) 495 (4) 521 (11) 49e(25a) 2 184 77(1) i784 3 79 1785 18 (31) 1929 4 5 102, 103 104 117 1792-3 1794 1797 19 20 (37) 621 (7,8) 523 1931 1943 1945 6 236 (2) 1831 21 531 (3) 1948 7 (1) 260 (1) 1837 22 535 1950 (2) 262 23 550 (8) 1956 (2,3) 264 18.38 24 566 (7) 1962 (4) 261 1837 25 669 (17) 1989 (S) 260 (2) 26 (1) 587 1977 8 9 366 375 1868 1872 i (2) ( 583 (3) 586 (4) 1976 1977 10(1,2) 403 1879 27 585 1976 (3) 190 16 (2) 2057 28 593 1980 11 184 495 (3) 1922 29 01-2 (10) 625 (3) 1988 12 496/26^ 1929 30 1995 13 (I) 489(42) 1917 31 629 (3) 630 1997 (2) (50) 1918 32 it (3) (41) 1917 * 33 ol8 (1) 1989 (4-6) (43-45) 1917-8 34 619 1990 (7-9) (47-49) 1918 35 615 1988 (10) (53,54) 36 612 (la) 1986 (11) (12) (bo) (46) 1919 1918 37 } Not con- j solidated. 14 496(36) 1931 38 184 632 1992 15 (1) 489(51) 1918 39(1-3) 17(1-3) 1765 (2) (52) ** (4) 1 492 1920 16 496(10) 1927 41 185 18 2023 17 531 (3) 1948 2 19 2024 18 19 583 (2) 585 1976 3 Not con- solidated. 20 612(1) 1985 Repeals R. 21 22 (8,9) 1987 Not con- solidated. 4 S. 0. 1877. i c. 175.8.18. 23 (1) 184 447 1892 (2) 448. (1 24 193 113 2124 33 1 185 i(i: 2020 2 56(3) 2030 .JJ.p.ii£,L APPENOIX A.-ACT8 AND PARTS OF A0T8 CONSOLIDATED. 287 49 VICT. 1886. 37 C0N8OLIDATM). 73 4 5 6 7 8 9 10 11 12 13 14 15 16, 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 .34 35 36 37 38 39 40 41(1-2) (4) 42 43 Chap, 184 Seo. Page. 184 184 270 '293 (3) 327 344 (3) 349 436 i473 (2) 477 (2) 489(25) 503 (8) 521(14) 644(2) 1839 1847 1856 1862 1864 1890 1898 1899 1915 1936 1945 1952 Remarks Short title. Rep. 60 V. c. 29, s. 2, Rep. 60 V, 0. 29, 8. 8. 50 VICT. 1887. . I 566 (7) 1962 566 (2) (9) (18-20) 570 (3) (1,2) 671 (1) 573 (1) 575 |585 ,588 (1,3) 590 592 612(4o) 698 (2) 633(1,7 611 (3a) 17(4) 493 489 (4,5 341 (2) 616 487 (1) 184 488 '284 1966 1967 1969 1972 1970-2 1972 1973 1976 1978 1979 1986 1981 1998 1940 1766 1921 1911 1861 1989 1908 Rep. 60 V |c. 29, 8.36 Part not con solirtated. Effete. 29 1909 1843 Effete. 60 VICT. 1887. ^ u ^ Consolidated. Remarks. Chap. Sec. Page. 29 1 2 3 Short title 184 73 18 1783 1787 4 6 6 7 8, 9 Consolidated. Chap. 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 184 184 Sec. 19 138 140 (2) 227 72 184 184 258 263 (2) 252 248 248 252 248 252 367(1) 3 I 25 30 479(1,2) (3-9) (16) (22,3, 489(1* (116.C) (25) (57,58) 496 (31 a-d) Page. 1791 1803 1804 1829 REUABK8. 1837 1838 1835 1833 1833 1835 1833 1835 1868 786 791 792 1901 it 1904 1905 1910 1913 1915 1919 ^930 Repealing clause. 466(41) (42) 503 (6) 504^(1) 521(15) 522 (2) 531 (4) 532 534 184 1931 1936 1937 1945 1948 1949 Reperling clause. 546(5) 569(10) 585 68fl (1,2) (3,5) 1953 1968 1976 1977 Repealing clause. 184 1S4| ,618 622 (2) 629(1) (4) 583 (3) 586 (4) 341 (2) 489(4,5) ,493 I |612(1- , 4a) 613-616 1989 1992 1996 1997 1976 1977 1861 1911 1921 1985 1988 Repealing clause. ^ >-:-•' .^M islf I ili^ •288 APPKNDIX A. — ACT8 AND PART* OF ACTS CONSOLIDATED. 'J 29 40 VICT. 1887. 1 1 CONHOLIDATKD. Chap. ! Sec. 618(1) Page. i 1989 620 1990 622(1) 1992 J 626 (1,2) 1994 628 1996 48 < 629(1) 11 '^ 6.30 1997 / 2067 ■ 192 1 37, 38 46 2077 2080 i> 47 2081 Remarkh. BO VICT. 1887. a 29 Consolidated. I 49 50 51 52 63 54 55 Chap. See. Page. 184 613 1988 521(13) 1944 1 43 2081 49 2082 50 II 669(21) 1970 185 17 2023 Hemahks. TKii: 289 MUNICIPAL AMENDMENT ACT 1 888. , 61 Vict. Cap. 28. [Assented to 2Srd March, 1888. HER MAJESTY, by and with the advice aud consent of the Commence- Legislative Assembly of the Province of Ontario, enacts"*"* ''^ A***- as lollows : — 7}oo ^^\ ?^7, ^® ^^'^"^ ^ '^ Municipal Amendment Rev. sut. o. lafin^ ann anal! nr\n^a i«*« ♦■«_,.« __ ii . ■« _"T i « . iio^ . nA 1. yiJ rooo — i r Ti . "" -"** juumcipao jimenament i^ov. stat filV^ ^' ^°^ ^^^*" ^o^ie into force on the let day of August, ^^ \ 24. 1888, except as to section 16, which shall come into force *"'"'^'*^- on the 1st day of November, 1888. «. Section 24 of Tke Municipal Act is amended by adding tnereto the tollowmg sub-sections: (4) In case a petition signed by one hundred and fifty quali- hed municipa eIecto:-8 of any town or incorporated village, be presented to the council of such town or incorporated village * asking that a by-law be submitted for the annexation of such town or incorporated village to an adjacent village, town or city, either unconditionally or upon such terms aa may be set out m said petition, it shall be the duty of such council to submit a by-law for the annexation of the said incorporated village or town to the vote of the municipal electors of the said town or incorporated village, and said council shall forthwith prepare a by-law directing the submission of the question in accordance with the prayer of the petition, and s^all submit tne same to the said municipal electors for approval or other- wise within four weeks after the receipt of the petition by the (5) A by-law which is duly carried, under the provisions of the last preceding sub-section, by the vote of the municipal electors of said town or incorporated village shall, within a reasonah e time, but not exceeding one month thereafter be adopted by said council. ' (6) Thereupon the council of such adjacent village, town or city may, by resolution, assent to the annexation of such town or incorporated village aforesaid. (7) In the event of the annexation of any such town or incorporated village as aforesaid having been approved of and assented to in manner hereinbefore provided, the same may be carried into effect by proclamation of the Lieutenant-Governor in Uouncil, as hereinbefore provided. 3. Section 48 of the said Act is hereby amended by adding Rev. stat. tliereto the following sub-section : ' ^ c. 184, a. 48 amended. 200 Delivery o! books to treasurer. Rev. Stat. o. 184, 8. 49 amended. Execution of writs. Pending ac- tions. Continuation of writs in hands of sheriff at time of dissolution. Division Courts. Chap. 28. THE MUNICIPAL AMENDMENT ACT, 1888. 61 ViCT. (2) The treasurer of the Bt-nior county shall, upon being requested so to do, deliver to the treasurer of the new county the books relating to the rauuicipalitioa within the new county required to be kept under section 152 of The Assessment Act. 4. Section 49 of the said Act is hereby amended by adding thereto the following sub-sections : (2) This section shall not be hoid to authorize the sheriff of the senior county to execute wivhin the new county an v writ which is not in his hands at tho time the dissolution takes effect, unless such writ depends for its priority upon a former writ executed by such shariff or in his hands at the said time (3) All actions and proceedings in an^ Court which may bo pending at the date the establishment ot the new county takes effect, may be prosecuted, continued and completed, and all writs of execution and other processeo, and all acts and pro- ceedings subsequent thereto, may (subject to any order to the contrary being made) be taken, issued, and had in the county in which such actions and proceedi:ig& were originally com- menced as fully and effectually as if the junior cc .ity had .: ;t been separated from the senior, county ; and subject to the pro- visions of the next sub-section, no writ or other process or pro- ceeding shall lose its priority by reason of no entry thereof appearing or being in the proper office in that behalf in the new county ; and all officers who would have had power or authority to execute such writ, proceps or proceedings, if the new county had not been formed, shall, for the purpose of all pending suits, actions and proceedings, have the same power and authority in respect of the same as if the dissolution had not taken place. (4) No unsatisfied writ against lands or goods in the hands of the sheriff of the union on the day the dissolution takes effect shall bind lands or goods situate within the limits of the new county, or have any effect upon such lands or goods after one year from the said day^ unless the person entitled to the benefit of such unsatisfied writ before the expiration of the said year shall have placed a writ against lands or goods (as the case may require) in the hands of the sheriff of the new county, indorsed with a notice that priority is claimed by virtue of this Act, in which case his writ in the hands of the sheriff of the senior county, if it, at the said time, did bind lands or goods within the territory included in the new county, shall continue to bind such lands or goods and shall retain its priority so long as such indorsed writ remains in force ; provided such person shall not in the meantime have pei mitted his writ in the hands of the sheriff of the senior county to expire, or shall not have otherwise lost his priority. (5) The Lieutenant-Governor may, in the proclamation establishmg the new county, or in a subsequent proclamation, fix and determine the number, limits and extent of the Division Courts for the new county, to take effect from a day to be 1888. THE MUNICIPAL AMKNDMiSNT ACT, 18M. Chap. Si 2»1 sTis^:' '^^'"zxrx "fife ""'7'-" °' direct that s„it» „„d prooL "1 "?ich VS f'?^Y"^"">^- »>"• •■ pending or being in Jy 0M:,fcZnt)lt%':^Z^\7^ become eats or p.-oceedini?B of nr^l- r,*u j^^ ■■ ^'J*^^^^ therein specitied, aL trer"ufon1urau.^t p^oceedTn J^^ clTnrcLdlherS' ^"^ '"^"^^^^^ Court ^^ K^t? b^j; thr;lvfn"hfpf SrSf '"'"'^"^ '" P';"P«"y ^^'t'"" Hny ofChattel ' new cluitv kt he' dZ m""" '"^^^^'•^t?^ villages forming the ^'^^Ws. ' nn^i ,P"."^^' *' the date the proclamation takes effect shall until their renewal becomes necessary to maintain tlS fori against creditors, continue to bo jw ilil rhH «ff "perforce respectb as thej 'would have been Tf he new .^.nn'."^^ I? **" been formed bit in the event of a ; nlwal o7a^.Tsu^h chaiS at5r:i^£^&xl^^i^£3^^!? hied in the .ew county prior ^o its TeuTwal ^"^ thffoKrgsltlttd%Sfott^^ '^^^^^^ ^^^-^«^' -^ made and subscribed the declarations o^" office and olmfi cation, as such reeve or deputy reeve • nor in Tr/.f T^' reeve, until he has also fifed witHhe oWt J ff "^'^ ^^P^^J affirmation or declaration of the clert nj ^H ^ "'""."^^ ^" the legal custody of the last revLed vter^lst'^^^^^^^ K 1L"'"' ^e represents, that theretppea^upt t^yTZ' cipality, and that no alteration reducin £ l!m,> Tl'' (2) In counting the names of voters referred to in fhi. . tion and n sections 69 70 jinH 71 thl ^^'^"®^. ^^, ^^ this sec- ioitwl^'rbsmmeVaeSrt^' " ""^''^ repealed, and theB,,.s„.„. 184, 8. 67, T( * pealed. Rev. Stat. c. liSi 8. 66, re- pealed. Certificates aa to election and number of voters to be filed by reeves and deputy reeves. 4'' 292 Chap. 28. THE MUNICIPAL AMENDMENT ACT, 1888. 51 ViCT. Form of de- 67. The declaration in section 65 mentioned may be in the claraixon MtofQiig^jjar form : — number of '^ I A B oi , Gentleman, Clerk of the Township, (Town or Vill^o, as the case may 6e) of , in the County of do hereby declare and affirm as follows : . ^i, , t • j (1) That I am the person having the legal custody of the last revised voters' list for the said Township (Town or Village as tAe case may be.) (2) That there appear upon the said hst the names of at least hundred (500 /or each Deputy Reeve), persons entitled to vote atmunicipal elections in the said Township (Town or ViUage as the case may he.) (S) That no alteration reducing the limits of the said municipaliij, , and the number of i rsons entitled to vote at municipal electioi.., below hundred (500 Jw each Deputy Reeve), has taken place since the said list '*T4^"ThLun^ounting the names of tne voters on the said Ust, the names of the voters thereon have not, to the best of my information, knowledge or belief, been counted more than once, whether they appear upon the said list once or more than once. A B Rev. Stat. c. •,' gub-section 1 of section 69 of the said Act is 184, 8 69 (1), „ ■, (Jed by striking out all the words in the said sub-section amended. ^^^^^ ^^^ ^^^^ ., ^^|^„ ^^ ^^^ seventh line thereof, to the word " deputy reeve " in the thirteenth line thereof, both inclusive and substituting the following words in lieu thereof: " and it the town had tlie names of 500 persons entitled to vote at municipal elections on the last revised vote-^' list, then a deputy reeve shall be added, and for every 500 additional names of persons so entitled to vote on such list there shall be elected an additional deputy reeve." Rev. Stat. c. 8. Sections 70 and 71 of the said Act are hereby repealed 184, 88. 70 and g^d the following substituted therefor : 71 repealed. 70 The council of every incorporated village shall consist of one reeve, who shall be the head thereof, and tour coun- cillors and if the village has the names of 500 pereone entitled to vote at municipal elections on the last revised voters list, then of a reeve, (ieputy reeve and three councillors, and tor every additional 500 names of persons entitled to vote on such list there shall be elected an additional depnty reeve instead ot a councillor. Township 71 The council of every township shall consist of a reeve, councils. ^Ijo ghall be the head thereof, and tour councillors, one coun- cillor beinrr elected for each ward, where the township is divided into wards, and the reeve to be elected by a general vote • but if the township had the names ot 500 persons en- titled to vote at municipal elections on the last revised voters^ list then the council shall consist of a reeve, deputy reeve and three councillors, and for every 500 additional names ot per- -.„„ cTi*'»i"(i *-o ""t-f f^ry siip.h list, there shall be elected an addi- tional deputy instead of a councillor. Incorporated village coun- cils. 1888. THE MUNICIPAL AMENDMENT ACT, 1888. Chap. 28. 293 . *• Sectiop 73 of the said Act is hereby amended by adding Rev. stat. c. thereto the lollowing sub-sections : 184, 8. 73, (2) No person who has, or whose wife has, property duly WhTn'^'fiiena. rated on the last revised assessment roll, sufficient to quality *'»» "^ pro- hina as m the preceding sub-section required, shall be deemed?'!*^ 'J'^^^ to be disqualified by the alienation by sale or other wise of thequalif. said property between the date of the return of the assess- ment roll and the time of his election, provided that at the time of his election such person is resident within the municipality and has, or his wife ha-, as proprietor or tenant a legal or equitable freehold or leasehold, or partly freehold and partly leasehold, or partly legal and partly equitable estate ot suttcient assessed value to qualify him for election under the preceding sub-section. (3) In the case of the election of a person qualified under the preceding sub-section, the oath of ofiioe under sub-section 2 of section 270 of this Act may be taken, striking out all the words thereot after the word '^ occupation " in the thirteenth line ot the said sub-section, and inserting in lieu thereof the words and I had such an estate actually rated on the last revised assessment roll of this township (namiuff it^ at an amount not less than $2,000." 10. Section 107 of the said Act is hereby amended by adding Rev stat c thereto the following sub-sections: ^ ^I84?8i07, (2) The council of any incorporated town, divided into n"^'^'^* J * wards may by by-law, provide that the nomination for coun-couSrS! cillors tor the several wards shall be held at the same time and *<'^'^«- place as the nomination for mayor, reeve and deputy reeve. (3) Where no such by-law is passed the nomination of coun- cillors in such town shall take place as provided by section 1^9 ot this Act. (4) Notwithstanding any'hiiig herein contained, the council ot any incorporated town or village may by by-law provide that the nomination for mayor, reeve, deputy reeve or reeves and councillors may be held at half past seven o'clock -in • the evening instead of at the hours and times in this Act mentioned. II. Section 109 of the said Act is amended by adding Rev st^t n thereto the following: "And the hour for the nominadon of^B.'S. " candidates for the ofhces of aldermen in cities, may, in and '*°'^°'^^'^- by the by-law fixing the places for such nomination, be fixed at half-past seven u clock in the evening, instead of at noon." 13. Section 167 is amended by adding to sub-section 1 the following article: name of some other (ej Apply for a ballot paper in the person, w.iethor taat name la 01 u person living or dead, or of a fictitious person, or having voted once Rev. Stat. c. 184, s. 167, amended. 29^ Chap. 28. THE MUNICIPAL, AMENDMENT ACT, 1888. 51 ViOT. and not being entitled to vote again at an election shall apply at the satne election for a ballot paper in his own name. This provision is not to be construed as including a person who applies for such ballot paper believing that he is the person intended by tne name entered on the voters' list in respect of which he so applies for a ballot paper. liabilities. Rev. Stat. c. |3. Section 263 of the said Act is amended by adding the Imended^^' following sub-sections thereto : Publication of (3) The council of every town, township and incorporated statements of village shall hold a meeting on the fifteenth day of December assets and ^^ ^^^j^ je&v, or if such day happen to be a Sunday, then on the Monday following, and shall immediately thereafter publish a detailed statement of receipts and expenditure for the portion of the year ending on the day of such meeting, together with a statement of assets and liabilities and uncol- lected taxes. The said statement shall be signed by the mayor or reeve and by the treasurer, and shall be published forth- with in one or more newspapers of the municipality (if any) and in such other newspapers circulated in the municipality, as the council may direct. (a) Instead of publishing the said statement in any news- paper, the council may cause the same to be posted up, not later than the twenty-fourth day of December, in the offices of the clerk and of the treasurer, as well as at all the post offices iu the municipality, and at not less than twelve other conspicuous places therein. (4r) The clerk shall procure not less than one hundred copies of the said statement and shall deliver or transmit by post to the electors who first requested him to do so, one of such copies not later than the twenty-fourth day of December in each year, and shall also see that copies of the said statement are pro- duced at the nomination. Application of 14. The provisions of the preceding section shall not apply 8. 13 limited. ^^ ^{jg township municipalities situated in the electoral districts of East Algoma, West Algoma, North Kenfrew, Muskoka, Parry Sound, or Haliburton. Rev. Stat, c, 184, 8. 271. repealed. 15. Section 271 of the said Act is hereby repealed, and the following substituted therefor : — Declaration of 271. Every member of a municipal council, every mayor, and office to be every clerk, treasurer, assessor ard collector, engineer or clerk of works and street overseer or commissioner appointed by laade uy cer- tain officers. « ' 1S88. THE MUNICIPAL AMENDMENT ACT. 1888. Chap. 28. 296 a council, shall also, before entering on the duties of his office make and subscribe a solemn declaration to the effect i(41owing: — and itDartialiv*'^rffePw^®*^^ declare that I will truly, faithfuUy Formofdeola- and impartially, to the best of my knowledge and ability, execute the rationof office, office of {mserUv^ the name ofth^ office), to which I have been elected (Z appointed) in tins township {or as the case m«j/ he), and that I have iZ received, and will not receive, any payment or reward, or promise oTsuch S the ^Tnffi ''^'"If^f^^ ""' malversation or other indue execuS or ind^r^+1 ^' ^f **'^* • ^''^^ ''°* ^y ™y«^^" '^^ P'^rt'^e^' either directly coiiorE?' ^ "" ^^ °°"*'^* ^^'^ ^' °" ^^^ °f *h« «^d 271 (a). Every returning officer, deputy returning officer, Declaration of poU clerk, constable and other officer appointed by I council re?u™bg°^! fihaiJ, before entering upon the duties of the office, make and^'^P »°d subscribe a solemn declaration to the effect following :— °*^^"' I, A. 5., do solemnly promise and declare that I will trulv faithfully and impartiaUy, to the best of my knowledge and ability ^^xecuStK aSrte^Tfn'V^ '*f ^^.-"-^ '!^ '^H' *« ""^'^ I ^^^ beek elcted tr Siv"d Ld iSl n^r'^^'P ^"^ '^ *^' 'T "^y ^'^> ^^ *hat I have nol fi^^+iT ' • ^"o* '^eceiye any payment or reward, or promise of such o1 tJe'sXre '"^ '^'^'*^ ""' malversation or other SndueexecuS • as l^ctiL^ 3ro it:- ' '"'"'^''^ ^^ ''"°^ '^''''' '^'' ''"°^^°^ ^ Jfn*^ ^""^T^^^ Notwithstanding anything contained i" the pre- Aid to manu- ceding section of this Act the vote of two-thirds in the affinn- ^«=*"«"- ative ot the ratepayei-8 who are entitled to vote upon anv a mZSr "^ ^"^ '^°'■ ^''''. P'-o^oting the estf.blishrnent o^f a tnanufactorv or manufacturing establisliments, or for lending ' money to such company, person or establishment, or guaran''- teeing the payment of money borrowed in any municfpaHty fihaxl be necessary in order to the carrying of the by-law and the words "two-fifth," where they appfar in the^ai^' pre ZaZ Jr''"" '''^" r^ ^y^}y *« the passage of such by-law, ' and tor the purposes hereof the said section shall be read as if ttre'n '"^'"'^"^^ " '""''"'^ '^ " ''''-^^'^'" were inserted unSr^^lTM-'^'P^^'t^'^^" grant a bonus to a manufacturer Tmibr ff " "^^'^1 P'T^'"' '° ^'^^^^'^^' ^n industry of a iTthZr "^ * 1 T ^^'^^^^ established in such municipality witiiout any such bonus; i^*'it^ (3) No bonus shall be granted by a munic'^ality to secure 'ieTuli ii'rr ; - '-'^"^ -"^^^^ estabLed^er «,itl,^'i 'V""i?il'»"')' sl'all grant a bonne in aid of any man .lacturing .nduBtry, wbere tlie granting of 6,. i bonM ot tlio total annual municipal taxation thereof ^ ^ i . i ™: V 296 f, s? Ill Rev. Stat, c, 184, s. 436, amended. Rev. Stat, c, 184, 8. 460, amended. 'I ^^ I'- j: '^ifl Rev. Stat. c. 184, s. 462, amended Chap. 28. THE MUNICIPAL AMENDMENT ACT, 1888. 61 ViCT. (5) This section shall not apply to the ditttricts of Muskoka, Parry Sound, Algoma East and Al^oma West, nor to any of the municipal icies therein, nor shall it affect any by-law herAo- fore adopted or passed, the vote taken thereon or the bonds or debentures issued or to be issued in pursuance thereof. li. Section 436 of the said Act is amended by adding the following sub-section thereto : — (3) The board of commissioners of police shall also regulate and control children engaged as : (a) Express or despatch messengers ; « (6) Vendors of newspapers and small wares ; (c) Bootblacks ; 18. Section 460 of the said Act is amended by adding thereto the following sub-sections : (4) Any two or more local municipalities shall have the same powers and rights as to acquiring, holding and maintrln- ing an industrial farm, or acquiring, erecting and maintaining a house of industry or refuge as any county or city or united or contiguous counties or city or town and county now have under and by virtue of this Act or otherwise, and may arrange with any other local municipality or munici'jjalities for the ad- mission npon such terms and conditions as may be agreed upon betweeu them, of such other local municipality or municipali- ties to a joint ownership or occupancy or right of user by said other municipality or municipalities in or of said farm, house of industry or refuge. Any purchase or grant to or acquisition by two or more local municipalities of any such farm, or the erection of any such house of industry or refuge, or any agree- ment or by-law therefor or any agreement or by-law for the admission of any other local municipality to such joint owner- ship or right of user or occupation made, entered into or passed before the passing of this Act shall be as valid and binding for all purposes as though made, entered into or passed after the passing hereof. (5) All the provisions of this Act relating to industrial farms, houses of industry or houses of refuge respectively, shall apply to any such local municipalities and to any industrial farm, house of industry or house of refuge acquired, erected, occupied or maintained thereby as fully as to any other municipality or municipalities in the preceding sub-section mentioned, or to any industrial farm, house of industry or house of refuge acquired, owned, erected, occupied or maintained by them, or any of them. 19 Section 462 of the said Act is amended by adding the following sub-sections thereto : (3) For erecting and establishing within a city having a population of 50,000 and upwards an institution for the reclam- ation and cure of habitual drunkards. 1888. THE MUNICIPAL AMENDMENT ACT, 1888. Chap. 28. 297 (4) For committing and sending with or without hard labour to the institution for the reclamation and cure of habi- tual drunkards bv the mayor, police magistrate or justice of the peace, while having jurisdiction in the municipality, such drunkards as are set forth or referred to in section 369 of chapter 48 of the Acts passed in the thirty-sixth year of Her Majesty's reign, arid as may by the council be deemed and by by-law be declared expedient. (5) In the event of any city establishing an institution for the reclamation and cure of habitual drunkards under the pro- visions of this Act, sections 97 to 108, both inclusive, of chapter 246 of the Kevised Statutes of Ontario, 1887, shall be applicable thereto as if such institution had been named in said Act. aO. Sub-section 15 of section 479 of the said Act is hereby Rev Stat amended by inserting after the word "land" in the fifth line I84;s. 479 °' thereof the words " in or adjacent to the municipality," and by ('^)' amended sinking out the word " subject " in the sixth line thereof, and inserting in lieu thereof the following words " and for entering upon taking or using any land not adjacent to the munici- pality for the purpose of providing an outlet for any sewer, but subject always." 31. The said section 479 ot the said Act is further amended Kev. Stat. c. by adding thereto the following as sub-section 16a • ^^*> ^ *'^' ° amended. («) For regulating the size and strength of walls, beams, joists, rafters, roofs and their supports of all buildings to be erected or repaired within the municipality, and for compelling the production of the plans of all buildings for inspection, and for enforcing observance of such regulations. 88. Sub-section 11 of section 489 of the said Act is hereby Rev. stat c amended, by inserting the words " or cemetery or the cemetery 184, s. 489, company owning any burying-ground or cemetery" after tlie^"^' '*™^°'^^'^ words •' buryiug-ground," in the twelfth line of the said sub- section. 83. The said section 489 of the said Act is hereby further Rev. stat. c amended by adding thereto the following sub-section as sub- ^^^' «• ^89, section 9 (a) thereof: — amended 9 (a) Or for requiring all transient traders who occupy pre- Regulating mises in the municipality, and are not entered upon the assess- *'"*""«°* ment roll in respect of income or personal property, and who ^ may offer goods or merchandise of any description for sale by auction, or in any other manner, conducted by themselves or by a licensed auctioneer, or by their agent or otherwise, tn pay before commeneing to trade a sum, in cities, not to exceed flOO, and in other municipalities not to exceed m m ii 298 Chap. 28. THE MUNICIPAI AMENDMENT ACT, 1888. 51 ViOT. Rev. Stat, c. 184. s, 505, amended. 46 V, C, 25. $50 by way of license, and for providing that the sum so paid as license shall be credited to the trader paying the same upon and on account of taxes for the unexpired portion of the then current year, as well ae any subHequent taxes^ should such trader remain in the municipality a sufficient time for taxes to beeome due and payable by him, and in any other event to be taken - and used by the municipality as a portion of the license fund of such municipality: but no such by-law shall affect, apply to, or restrict the sale of the stock of aq insolvent estate which is being sold or disposed of within the municipality in which the insolvent carried on business therewith, at the time of the issue of a writ of attachment or of the execution of an assign- ment. 584. Section 505 of the said Act is hereby amended by adding thereto, at the end thereof, the words following: — " Provided always that where any city having a population in excess of fifty thousand shall have constructed gas or water works under the authority of this Act, or under the authority of The Municipal Water Works Act 1882, or under the au- thority of any special Act or Acts, or shall hereafter construct such works under the authority of the said Acts or any future amendments of the same^ and shall have raised the money for the purchase or construction of such works, or shall hereafter 80 raise the same by a general rate on the whole of the assess- able property of the said corporation under a by-law or by- laws lawfully passed or to be passed, it shall be lawful for the council of the city to raise on the credit of the said corpora- tion such further sums as may be necessary to extend or improve the said works from time to time on the whole ratable property of the said corporation by by-laws to be passed as required by sub-section 14 of section 504 of this Act, and without complying with the requirements of this section," and it shall not be necessary to obtain the assent of the electors or ratepayers to such by-law or by-laws, provided the same shall first be approved of by the Lieu*,enant-Governor in Council, it being first shewn to the satisfaction of the Lieu- tenant-Governor in Council that the proposed extensions are necessary, and that a sufficient additioual revenue will be derived therefrom to meet the annual special rate required to pay the new debt and interest; and provided als.) that on the final passing of such by-law or by-laws, three-fourths of all the members of the council shall vote in favour of the same. Rev. Stat. c. 184, s. 509, amended. 35. Section 509 of the said Act is amended by adding thereto the following sub-section : — (2) For making grants in aid of any high school or col- legiate institute, or to build, preserve, enlarge or improve any high school or collegiate institute in any jiujacent or other municipality. 1888. THE MUNICIPAL AMENDMENT ACT, 1888. Chap. 28. 299 36. The said Act is amended by adding thereto the following County coun- aa section 51 1 (a; :— ° - ** oU may pass ^V^^^^^ The council of any county may pass a by-law S/th^^' providing that no sled, sleigh, or other vehicle upon runners rex-^*^*^ "^ cept cutters or pleasure sleighs) drawn by horses pr other '^''»'"'- animals shall be used by any person residing within the county for the conveyance of persons or goods, on any of the roads or highways within the county, unless the runners thereof shall be apart from each other at the bottom, at least three feet, nine inches; Provided that no such by-law shall apply to any slod, sleigh or other vehicle upon runners owned or used by any person not resident within the said county. if«^!L^^^ council in passing such by-law may exempt from Power to ex Its operation al sleds, sleighs ,or vehicles on runners owned at <""?*'— - the time of the passing of such by-law by any persons ^^^^^ resident withm the county. j j- t^ vuo from iW. (3) The by-law shall not come into force until the expira- When by-law tion of one year from the time of the passing thereof, or such^ come in lurther time as the council may determine upon. ^°^^- 81. Section 621 of the said Act is hereby amended bvR«v ^t^* adding thereto the following sub-sections :- ^ ^ IS'e Ml'. "' (19) For regulating the distance from any public highway '^''"^'*^- ' withm the municipality within which unenclosed portable steam-engines may be used for running a saw mill or shingle mill, and preventing the use of the same for either of such purposes withm such distance, (20) For imposing penalties en parties setting up or oper- ating a portable steam-engine for either of such purposes in contravention of such by-law. 88. Sub-section 1 of section 522, of the said Act is amended Rev st.t by adding thereto the following words : "And if the councU^H-s'?^ i, receiving such notice shall neglect the said duty, and by reason ^•^«°'i« a s c. 226. /Schools Act. «!■ ifcifc Proviaiona as 40. When any portion ot a township municipality is annexed to achoola ^^ ^ city or town by proclamation, the portion so annexed shall tory°added'to for ^^^ school purposes, be deemed to be part of such city or a municipal- town, provided always that when the portion annexed does not '*y- include the whole ot any contiguous school section, the respec- tive municipalities shall appoint an arbitrator, who, with the senior County Judge of the county, shall value and adjust^in an equitable manner, the rights and claims of all parties allected 1888. THE MUNICIPAL AMENDMENT ACT 1888. Chap; 28, 303 by such annexation and who shall determine by what mnnic'*- pahty or portion thereof the same shall be settled, and the award of said arbitrators shall be final and conclusive. 41. The preceding twp sections of this Act shall aonlv tn all a .• .• .ow„.hip, dfrtded by Act of this LegWat„re, and t "Xpr^k! ««T«' mations issued since the first day cf January, 1887. 1*7 ill V it Ir ' f'iiiHP'IR''' INDEX. Absenob — Seo Municipal Officbhs and Elections. AOCOUNTB — See Finance . 118 Action — SifaSo?."""' '^ "^«'''^* *« ''-P --"" '" -P-r , 195 None to be brought for mistakes in opening road aliowances '. .' ] [ [ [ [ [ [ [ [[y JJJ Adjournment — Of meeting of Municipal Council Agents — Soo Elections. D^cISi: laX-Trm'^of ° "''''''''''' '^ ^^'^'^ '' Municipality ' 94 '^^n^:^:^ before admission to'poHing Vlace! ! ! ! ! ! ! ! ! ! ! ! ! ! ] ! ] ! ; ; ^, May vote where engaged as. . . 95 Certificate to entitle same ..!..........' "' 96 Aorioultuhal Associations— By-laws for granting aid to Aldermen — Three for each ward Property qualification of . . . " 28 May resign— when ' • 30 Declaration of qualification of 66 II of office of .".'.'.'.'.'.'.'.'.'. ^ .. ", before whom to be made! ®^ May administer oaths and declarations ^^ Aft.r!„.i„g taken d.ol„«i„„ „ AldemVnM oilier ,„Mitai„„--„i-j- {|5 Township Municipalities-organization of ". ". 267 Union Townships in Rainy River 267 Powers of Councils. . ." " . ^^^p^n^iiure of 'Taxesin' ::: ::v::::. •.:::;; m Assessments 270 Arroii'H of Taxes— collection of. 271 Li(ju( >r Licenses 273 Auctioneers, hawkers and pedlars 274 Constables 274 Lock-up houses 274 Application of certain sections of' Municioal' Act 274 aieetioiis after uie last " ' 2v4 Police villages— Erection of 275 20 276 306 INDEX. Alooma, Mdseoka, Paery Sound, Nipissinq, Thundkk Bat and Rainy RivEE. — Contirmed. Paob. Annexation of adjacent territories to Municipalitie'» 277 Union of Municipalities • •• •••■•.• • • ^'i Disput . 8 as to validity of By-laws in Algoma and Thunder Bay— now decided, 277 Ai.d see Municipal Ambndment Act, 1888. Almshouses — By-laws for establishing and regiilating 18'> A MHBRSTBURO Act respecting, not aflFected ^"" Amusement ( Places of ) — By-laws for regulating r,nd licensing Animals — 162 By-laws for preventing cruelty to • • " for restraining and regulating the ruruiing at large of. ■ Ill Annexation — Of Villages and Towns to adjacent Villages, Towns or Cities— when and how. See Municipal Amendment Act, 1888. Anticipatory Appkopriation- Provi" '< respecting See I LiAws. Akbitrations- Appointment of Arbitrators, If 11^! In writing, under hands of appointees In case of Corporations— under the Corporate Seal and authenticated as a By-law To be appointed by the Council or the head thereof if authorized By-law Notice of appcintment to bo given to the head of the Corporation Either party may appoint ^ The arbitrators to appoint a third When more than two Municipalities interested. Lieutenant-Governor ui Council may appoint, in case of neglect to appoint. . When real property is taken or injured (1) When owner appomts an arbitrator. (2) When owner does not appoint an arbitrator In case several persons have distinct interest in the property In default County Judge may appoint an arbitrator in certain cases Award to be made within one month after appointment of third arbitrator. . . Corporation officers disqualified from acting as arbitrators • Procedure. Arbitrators to be cwom Form of oath Time of Meeting may adjourn from time to time Award to be made in writing One copy to be filed with clerk ,• • If it relates to draini^e works, one copy to be registered Coats in discretion of arbitrators may be taxed and revised A majority to decide Notes of evidence to be taken — when To be filed with Clerk together with documents If arbitrators act on their own knowledge or skill, they are to state same. 161 166 15 117 122 122 122 122 122 122 122 122 123 123 123 123 123 124 124 124 125 126 126 125 126 125 126 125 125 125 120 126 126 INDEX. V qA7 Arbitrations. — Continued. 'IZ'^i f u^ '^'?^^ ^y ^yl*^ in certain caaea ^"'^^^ To hi *^.-^'w •^?'" *l^?.h*°'o" " i V * " : • ■ 225 For L "S'?""'' Municipality to be lodg'ed ^itt cZ ^ gSf "" '^^P'"^*"" ,,« • For Local Lnprovoments in Cities, Towns and Villages HI Appeal as in cases of ordinary assessment ^^^ SeL Bv"'T'!lt''''f t""''* T^' ^^ "''^'^^ "^ certain ca^es! ! ! .' ! ! f^ hee li\ LA^^s and Local Improvements. ^^^ A.SSESSMENT CoMMISSIOkNERS See Municipal Officers. Assessment Roll — When to be considered finally revised and corrected 00 Assessors — See Municipal Officers. ' Auctioneers — By-laws for regulating and licensincr Audit — Provisi,jn3 relating to 58 308 INDEX. m :1V: AuDiTOKs — Page See Municipal OyFioEus. and see Municipal Amendment Act 1888. Avenues — By-laws for acquiring. 1^4 Award — Time within which it nimt bo made 124 To be in writing 125 See Arbitration. Bagatelle Tables — By-laws respecting 158 Bailiff— See HioH Bailiff ; 138 Ballot Boxes — See Elections. Ballot Papers — , For voting on By-laws 94 See Elections. Bathino — By-laws for preventing and regulating 164 Bathing and Boat houses, Inspection of 177 Bays— By-laws respecting 148 Beacons— By-laws respecting 149 Begging — By-laws for preventing 164 Bells — By-laws respecting ringing of 165 Billiard Tables — By-laws for licensing and regulating 158 Bills of Mortality — By-laws for keeping and returning 173 " for imposing penalties for default 173 Birds — By-laws for preventing the destruction of , 161 Blasphemy — By-laws for preventing 164 Board of Audit — Appointment of members of • 188 Board of Assessors — See Mi'NiriVAL Officers, BOAT-IIOUSES— See Bathing. ■ BOILKKS— By-laws for regulating 174 INDEX. Bonuses — See Max u FACTORIES and Railways. and see Municipal Amendment Act 1888. Boo.Ms — By-laws for protecting and regulating Boot-blacks — See MuNi,ciPAL Amendment Act 1888. Boundaries — 309 Paq; . 187 By-lawa for ascertaining and establishing May be maintained by County Council BowLiNf; Alleys — By-laws for regulating b.nd licensing Bread — By-lawa respecting " for regulating assize of ■ " for seizing bread made contrary to iDy-iaw Bribery — See Corrupt Practices. Bridge Companies — By-laws for granting privileges to Bridges — By-laws respecting dangerous driving on Possession of, in Municipality Under jurisdiction of County, may be assumed by' Village' Liability for repairs ^^"Sr^a SoriilT:'*. *:>..^;;^'^-<^ '-^th- without- consent of By-laws for aiding adjoining Municipality to open and maintain tor making, repairing, etc " by County for aiding Municipalities within the County in making etc Buildings — By-laws for erecting and selling " for regulating doors, stairs, etc!," in Public" Bu'iidin'gB to compel plans to be furnished for regulating the erection and construction of And see Municipal Amendment Act, 1888 DURNiNG arcMPs, etc. — By-Laws for regulating BruEAr OF Industrieis, Returns to be made to By Clerk of Municipality By Treasurer. " ' By Auditors Butchers — By-laws for regulating By-La W.S — Council may repeal alt or and amend, except as restrained by law. How to be authenticated t . . . Certified copy of, may be used in evidence! ObicTonrr'f"^ *"''""* "^ Lieutenant-Governor,' ho"w "to" be authenticatod ' ' Ubjcctions to by ratepayers, how to be made. ' ' when by-laws shall not pass ! ! ^ ^ 166 197 163 165 183 183 203 151 194 194 196 198 205 208 2^ 210 148 161 151 174 162 80 82 85 182 90 92 92 92 92 93 fV;'^ 1 1 310 INDEX. Br-LAVfa— Continued. Voting on. Paob. If assent of electors required 93 By-law shall fix time and place of voting 93 shall be published 93 with notice signed by Clerk 94 what notice shall state 94 Ballot papers to be printed 94 Form of ; 94 Day for attending at polling places and summing up votes to be appointed. . . 94 Appointment of agents by head of the Municipality 94 To make declaration 94 Form of 94 Agents to produce authority before admission to polling place 94 Provision for absence of agent 95 Who may be present in polling place 95 Deputy-Returning Officers, Poll Clerks and agents, if qualified, may vote where engaged 95 Certificate to entitle same 96 Who may administer oath to Deputy-Returning Officer 95 In Municipalities divided into wards, Clerk to furnish Deputy-Returning Officers with voter's lists 95 In Municipalities not divided into wards. Clerk shall perform duties of elec- tion for whole Municipality 96 The Poll. When to be held 95 Votes to be by ballot 96 Proceedings at Municipal Election provided for in sections from 120 to 176 to apply 96 Form of directions for guidance of voters 96 Who may vote on By-laws 96 Freeholders 96 In case of new Municipality 96 Form of oath of 97 Leaseholders 97 For local improvements under section 625 99 Form of oath of 99 * In case of new Municipality 99 Form of oath of, under Sec. 625 99 Unmarried women and widows may vote if qualified 96 No enquiries to be made of voter except as to facts specified in oath 99 Statement to be made by Deputy-Returning Officer at close of poll 99 What it shall contain 99 Objections to ballots 100 To be noted and numbered 100 Duties of Deputy-Returning Officer after votes are counted 100 Deputy-Returning Officer to — Certify on voters' list number of persons who have voted 100 Make declaration as to use of voters' list — Form of 100 Give certificates of state of poll 101 Return ballot box to Clerk 101 Clerk to cast up votes — and declare the result 101 To certify the result to the Council 101 Clerk or other officer not to have casting vote — when 101 By-laws which require the assent of twT)-fifths of ratepayers— what 101 Oerk to certify respecting 101 Disputes may be determined by County Judge 101 NVho iiuty pctitioii Uiu Judge JOI n 311 Bt-Laws— (7onh to Court House in Junior County. . 144 Liability of Cities and Towns for erection and maintenance of Court" "House " 144 IJittereiices may be referred to arbitration • 144 Liability for furniture. Council not liable unless it has been " ordered "by it" or autliorized person • •' ^ , . Corporation h.os insurable interest in. . -lA Liability of City to contribute to cost of '.'.'.'.'.'.'.'. jaI Dirt'erenco may be referred to arbitration 1 45 City to have a voice in the selection v,f a site iir Compensation for use of, by City or Town 145 After tivo years Lieutenant-Governor in Council niay "orde"-" existing "arraiiKe- ments to coivse, and new ones may then be inacfe , . . 145 Court of Revision — Constitution and powers of, on appeal against assessment for local im[)rove- iut3Uta 01 K When by-law for local improvements passed "by "Couii"ly' on" 'application' oif Minor Municipality . „„q To be held at County Town '■'■'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. 228 Corporation — See Municipal Corporation. Cow-Byees — By-laws for preventing or regulating jg- Cranes — By-laws respecting x4*7 Da.suerous Places — By-laws for making regulations respecting 202 Dead — By-laws respecting interment of jyo Deaf Persons — By-laws for aiding and maintaining j-q Death— See Elections and Municipal Officers. Debentures — Those issued before first January, 1807, to have the priority which thev had on tliat day •' ,-_ Rate for payment to be levied . . 115 if 882 INDEX. DiB«NTUHK8— Ctyntinueil. Paob. How to h» oalciildtt'd ."T". 116 To be iipplied solt'ly to payment of debentures .....*.!!!.'!!!.'!..*.*.'!!.*!.!.' 116 To be Healed with Common Seal 127 To be Higned by lioad of Corporation and soma other perionailthoriiod by the by-law to sign 127 Duty of Treasurer respecting '......'.'............ 127 Certain debentures vidid without Common Seal !!!!!!!."!!!!.!!.!!.. 127 Defects in form not fatal 127 Those on which payments have been made for two years to bo valid! ! ...... 128 Unless proceedings pending. 128 , For local improvements to be so sti\tod on face of debenture .............. 128 rrovision for consolidation of 128 Transfer of— liHi I I'; iliv 5. "IS Notice with respect to ownership may be endorsed 129 Form of 129 Debenture Registry Book to be kept ...'.......... 129 Certificates of ownership to be entered 129 Also subHoijuent transfers [ 129 Written uutliority for entries required 129 After certificate of ownersliip hiw been given, debentures transferred only by entry in Debenture Registry Book 129 By-laws for guaranteeing by County 187 Dobuiitures of one of United Counties i(,r improvements in that County, how to be iHHUud lg() To bind that County as t]u)iigh it were n separate Alunicipality. .. ..... 189 Under Local Improvement By-hiws 210 Kut invalid, though not strictly in accordance with i)y-law ................ 220 For portions of local improvemonts to bo paid for out'of general funds 242 For aiding Railways '. 247 Deuts — By-laws creating 106 See By-laws, Declarations — Of Office. To be made by elected candidate 59 To bo made by members of County Council before any business is transacted 76 Form of gg Before whom to be made 87 Certificate theref, on va jancies in Council occurring 67 Duplicate disclaimer to be delivered to 71 Judges to report persons guilty of corrupt practices to 74 Entries to be made of same 74 To funiisli to Deputy Returning Officers copies of Sections 207 to 220 75 To preside at election of Warden 70 Candidates. To be proposed and seconded seriatim 44 May resign before polling day 44 If nominated for two or more offices, may elect for which he will rim 44 In default of election, to be taken as nominated for office for which first proposed 44 Names of to be posted up 44 Resignation provision for 44 May be present in polling stations 55 May be present at counting of votes 56 Clerk to declare those elected 58 Those elected shall take the necessary declarations and assume office 59 May be present at re-count 61 May undertake duties of agent 64 Not to be present at marking of ballots by incapacitated voter 66 Disclaimer by 70 Expenses of — what lawful 73 Penalty for bribery by 74 Deputy Returning Officer. To be appointed by by-law 37 To make returns to clerk " 38 Upon death or absence of, to be chosen by electors 38 To be a conservator of the peace on election day 38 May swear in special constables 39 To administer oaths 42 To procure ballot boxes, if not furnished 46 To provide compartment for marking ballots 47 To post up directions to voters 47 Certificate to enable to vote where stationed 51 May vote on production of certificate, if qualified , . , 51 Oath required to be taken by voters may be administered, and by whom 61 INDEX. , 33^ EhKOTiom—Oontiimed. S-o&it 'whtlKLi-^ '-" '"' -^ ■»' ^' '"^ Penalty for neglect 53 To explain mode of voting 53 '"' 'iv^^Sl^r^^^'''"^^™"^^^-*^-^ listtodenote that-voter has '' To receive from voter and deposit ballot iA 'ballot box L^ Duties of If ballot paper apoUed by voter ... ^f 10 count the ballots 55 Note and number objections! '. 55 To make and sign statement and givecerV '■ "ates'of state of n.Ji f^ Duties of, after votes are counted "^ ^'"" 56 Declaration as to voters' list 57 |*t7i„"tt!X7«t' *>""»'■"»".■..«:; ■..■„u,„idp., oa: ; ; : U n liat statement to contain 57 May vote if (lualified 58 Duties of, in case election interrupted by' riot,' etc' Eo l^enalty for contravention of sections of 118 to 166 ' ^^ io maintain the secrecy of the voting 63 Penalty for contravention 64 To make declaration of secrecy 64 May be made a party to a writ of' quo ' warmido ?i lo post up copies of sections relating to corrupt practices ' .' .' .' ; ; ; fg Directions to Voters. To be furnished by clerk, and posted up by deputy returning officer 47 Electors. Qualification of Csee Qualification). Whose taxes are in arrear Procedure at the poll (,n tender of vote ° "'^^ ^«*« 35 Vote of who refuses to be sworn or to affirm not" to be recei'ved ^o No one but voter allowed in voting compartment. . ... ^^ JNot to take away ballot paper... 54 If taken away, to forfeit right to' vote 5* Incapacity to mark ballot paper 54 Not to be interfered with when voting ^ Not required to disclose for whom vote giv 'n ! '. ^^ 64 Expenses. Of election to be paid by municipal treasurer. Of candidate— what lawful 65 73 New Election. When election interrupted for four davs Ky riot etc VV iien vacancy occurs in Council " ' 59 Warrant for— who to issue ■ 66 67 338 INDEX. Elections— Oonfiwterf. Page. Time for holding 67 After quo warranto proceedings 70 Writ for to be issued to Sheriff, when. 70 Nomirmtion. Place for holding to bo appointed by by-law 38, 42 Otherwise the'Town Hall 43 To be held annually on the last Monday in December 43 If it is Christmas Day, then to be held on the preceding Friday 43 County Council may by by-law provide that nomination take place on last Monday but one in December in townships 44 C )py to be transmitted to Township Clerks 44 To be held by Returning Officer appointed for each ward 44 Or the Municipal Clerk 44 And in their absence the electors may choose a chairman 44 Clerk or Returning Officer to give six days' notice of meeting 44 Procedure at nomination 44, 46 And see Municipal Amendment Act, 1888. Oatlis. Off rieeholder ".•.■,. '....'..■.■.•..•.•.-.... • 39 Of householder 40 Of income voter 41 Farmer's son 41 To be administered by Returning and Deputy Returning Officers 42 Refusal to take 53 '■"Am Poll Clerk Certificate to entitle him to vote where stationed . Right to vote if qualified, and oath To explain mode of voting Penalty for contravention of sections 118 to 166. . To maintain secrecy of the voting Penalty for contravention To make declaration of secrecy Pollhig Place. 61 51 63 63 64 64 64 50 Where electors may vote And see Deputy Returning Officer, Poll Clerk, Agent, and The Poll. Re-count, Ot votes by County Judge — when ,60 Deposit by applicant 61 Who may be present at 61 Opening of packets and counting votes 61 Care to be taken that way in which particular voter has voted be not disclosed 61 To be proceeded with continuously 61 Procedure on 61 Not to take ».way any other remedy 62 Costs in discretion of Judge 62 Taxation and recovery of costs 63 Production of documents 63 Beturning Ojficer. To be appointed by by-law to hold nomination for each ward 38 Clerk to be for whole municipality 38 Upon death or absence of, one to be chosen by electors 38 To be a conservator of the peace on election day 38 May swear in special constables 39 To administer oaths *2 INDEX. Elections— Cow^mueci. 339 Page To hold nomination for ward for which appointed May be made a party to writ of qwj warmnto. . ^ And aee Deputy Retukning Officer and Clerk. \ «» Special Comtahles. S; rx.> s^ri"" «"' ■'•p-'^ ««"""'». o»i„„ 39 39 TJie Poll. Places where to be held to be appointed by by-law To be held on tii-st Monday in January °^ "^ ^'^'^ ■• 37 In each ward or polling subdivision. . 44 iTom 9 a.m. to 5 p. m . 44 Votes to be by ballot 44 Mode of procedure at 45 Name of voter must be entered "on " voters' " li«t' "^^^^^i '■ ; " • • • ^^ municipality ""' «xc6pt m case of new If so entered no question of quaiification 'to be raised af ^ Name and addition of voter to be recorded ** 3^ Uath to be administered to voter if required ^^ Objections to be noted 52 Refusal to take oath or to affirm" to be noted ^^ Vote not to be received after such refusal o3 Penalty for neglect 53 Mode of voting to be explained 53 SKftSSaZr.*'^. ""^'^ "^'^^ '^ to whom-bailot pape. given. tl Mode of depositing same in baliot box ' 53 Vo.!^® A* 7*^"^ ^""^^'i ^" ^"ting compartment. 5f Voter not to take away ballot papers 54 If taken away to forfeit right to vote 54 vot»^d.o,ia„ to vote, .at„ the,«;, to' b, '^V ,;-iJ— R,t„™i„, " &"L%L\rj„t'°srl^.s'£rt.i^°'-^ i Who may be present at 55 Counting the votes 55 Who may be present at counting'the vote^ .' 55 Rejected ballots 55 Objections to be noted and' liumbe^d 55 "^''"o/sSte^oTZ po^-^^ ''''''' ^"^ «'^ ■«*'**--*• -d givecertificates '' K^lie^l^iJtt^^ti^"*^'^"'^-^^'^"*^---":;:::":::::^ 5^ Deputy Returning Officers and Poll * Clerks" ■m"a"v "vote " if mi^lifi 'a ^^ f)9 Votes. To be by ballot.. Counting the. . . . Re-count of 46 56 60 340 INDEX. t Elections — Continned. Page Votitig, Mode of, to be explained 53 Mode of marlfing ballots 53 Voters' and Defaulters' Lists. List of persons in default for payment of taxes to be prepared 45 If municipality divided into polling subdivisions, list for each to be prepared 45 Certified copies to be furnished 45 First and second parts of list under "The Voters' Lists Act " to be tha list. . 48 In new municipality 43 When new territory added to city, town or village 48 When assessment roll but no voters' lists, under " The Voters' Lists Acts ... 48 Copies of voters' and defaulters' lists to be delivered to Deputy Returning Officers 49 May be prepared by Clerk 49 Or may be procured from Clerk of the Peace 49 His fees for same 49 Defaulters' lists to be evidence for Deputy Returning Officers of non-payment of taxes 49 When voter tenders his vote, his residence and addition shall be recorded on by Deputy Returning Officer 52 Name or initials of Deputy Returning Officer to be placed in proper columns of, to denote that elector has received ballot paper 53 Entries to be made by Deputy Returning Officer upon, at close of poll 57 Declaration of Deputy Returning Officer respecting 57 To be returned to Clerk of municipality 57 May be inspected in hands of Clerk 57 Eleotoks — • Who may vote on by-laws ; gg By-laws for disrpialifying, who have not paid taxes by 14th December 158 See By-Laws, Elections and Police Villages. Elevators — By-laws respecting I49 Engineer — By-laws for appointing iqj Equalization of Real Property — Basis of ' 86 Estimates — See Finance. ■M*^' Evidence — Endorsements on ballot papers, etc 63 On return of writ of quo warranto 68 Vim voce required to prove a corrupt practice 73 Of by-laws, certified copy 92 To be filed with Clerk by arbitrators 126 See Witnesses — Execution of Writs. See MuNK'ip.\L Amen: MENT Act 1888. INDEX. g4j Executions against Municipal Corporationb. p^^j, feff .^"f r^^ '^'*^ direction to Sheriff to levy the amount by rate . . 133 ^Imount du^^. ."!"* ^"'^ endorsement to Treasurer, witli statement If claim not paid in one month, Sheriff "to atrike' a'rate }S And issue his precept to the Collector : 10: Who shall levy the amount 1^ Proceedings thereon t^ Surplus to be paid to Treasurer ,^ 10* Exemptions — Persons exempted from serving in Municipal Council . qo Of manufacturers, etc ' ' .jf Exhibitions — By-laws respecting < Xu^ ExisTiNo Corporations— To be continued Existing Police Villages to be continued '■.....'.'.'.'.'.'.'.'.'..'.'.','.'.'.'.', 248 Expenses — See Costs and Elections. Fairs — By-laws for authorizing the holding of jy. Fares — By-laws for regulating .q Farmers' So!*s— See Qualification. Fees — Of Police Court Clerk ,„. . Gaoler not entitled to any. . . H„ ' •' 143 Fellowships— By-laws for endowment of .,.- Fences — By-laws for regulating the height, etc. , of , ^^ for protecting animals from barbed wire fences iao for regulating the construction of tiil as to snow fences , '* 162 Fence Viewers — See Municipal Officers. Ferries — Privileges of, Council may grant, when ...... q. By-laws for regulating and licensing ".*.".".'.".'.'.'.".".".'.'.' 170 Filth — By-laws to prevent throwing of, into streets ig2 Finance— Annual estimate." to be made , , ■ Council may pass by-laws to raise the sum^ required on such estimates " '." ' 114 When amount collected is less than amount required 1 1I When amount collecte^^d exceeds amount required 1 tr How rates for paying debentures to be calculated j Ik Anticipatory appropriations jf^ 342 INDEX. Page. . 118 . 118 . 118 . 118 119 119 119 119 119 119 120 120 120 120 120 120 120 121 121 121 121 121 111 FiNA NOB— Ctmiinued. Two separate accounts to be kept (1) For special rate .!!!!!!!!!!. (2) For sinking fund Surplus after payment of annual interest, how applied . Surplus may be invested In what securities Or Lieutenant-Governor in Council may order it " to be used in pavment or redemption of debt Surplus moneys may be credited to sinking fund account and "invested .' "."."" Surplus derived from -Corporation work, etc., maybe similarly applied and Surplus from " The Ontario MunicipaiitieV' Fund" niay be set apart "for— " liiducational purposes Investment of same May be loaned to school trustees r. ...... ........... Or granted to poor school sections No member of Corporation to be a party to "any" investment " other "than authorized by law In default person so doing liable for loss Treasurer of Municipality indebted to Con^oiidatedMuiiicipai 'Loan "Fund to make annual returns to Provincial Treasurer Penalty for default ' " Council to make annual report to Lieutenant-Governor Penalty for default '.'.'.'.'. Commission of inquiry into — When it may be granted Powers of Commissioner Expenses of Commissioner Fines and Penalties- How to be applied joi By-laws for inflicting, not exceeding ^0, for— (a) Neglect of duty or refusal to accept office 151 (6) Breach of by-laws . '. 151 For collecting penalties and costs by distress 151 For imprisonment in default of pajrment and distress ............['. 152 Not longer than twenty-one days 162 Except for breach of City By-laws 152 Or keeping house of ill-fame 159 See Penalties. Fire-arms and Fire-works — By-laws for preventing the firing of , etc 1173 Fire Companies — By-laws respecting 274 Fires — Council may rent fire appliances I53 By-laws for regulating the burning of stumps, etc ... . . . . . . . . . . ." ." '. .' 162 ^1 for preventing or regulating the use of, in stables, etc ......... 174 for niaking provisions against I74 " for inspecting premises , . ... ' . . . [ ' " ... 175 for demolishing houses to prevent spreading of 175 " forenforcing assistance at 175 Regulations of Police Village respecting ..............!!!!! 253 Fish— By-laws for regulating the sale of 182 Footpaths — By-laws for setting aside portion of highway for 2II " for imposing penalty for driving thereon .','.". ." . . .' . , . . . . ," . ,' ." 2II INDEX. FOBBSTALIINO — By-laws for preventing . FOBMS— 343 Paos. . 183 Ballot Papers. In Cities In Towns divided into wards .... In Townships divided into wards .............. In Villages and Townships not divided into wards. For voting on By-laws By-law. For local improvements. Certificates. Of qualification to sit in County Council for Reeve for Deputy Reeve Of lis pendens \ Of dismissal ' As to assessment roll Of Deputy Returning Officer respect'ingincapacitated voter'. ConviQ Head OF Corporation — See Municipal Officers, Health — By-laws to provide for High Bailiff— To be appointed by Council of every City May be held by Chief Constable 138 138 High Court of Justice— Powers of, in quashing by-laws ' over awards ... 104 126 846 INDEX. ^ , l) llHi: High Scooolh — Paob By-laws for acqiiiriiiif property for, and aiding 171 " for Biipporttiig pupils at " " . I7I and 800 Municipal Ambnument Act 1888. fiiOUWAYH — What aro to bo doomed ^93 Original allowances ............',.!.....,. 193 Laid (mt by Statute ..'.!!..!.!...'.!!.'.. 1 !!! i ! ! 193 On which public money expendwl or statute labour performed . 1 . ". ! i ! ! ! ! ! ! 193 Pasninx through Indian Lands 103 Freehold in Crown !!! 1 !!!'.!.!!!!!! ! 194 Municipality to have jurisdiction over ,,, 194 PosBossum to bo in Municipality ', .....!.!!!. 104 May bo increased in width .....!.....,..... 194 Right to use vested in Municipality 194 Boundary lines may be assumed and maintained by County 196 By-laws respecting " " 151 Cotiditwiis ])receiient to paiuituj certain By-laws. By-laws affecting public roads not to be passed until— Notices of passing by-law have been posted up for one month 199 And publisned in newspapers [[ 200 And Council has heard any one whose property is projudically affected and petitions to be heard ^qq Expenses of notices, etc .!!!!!!! 200 County BrUlyes. May be assumed by Villages 104 Village liable for repairs 195 , Countj. Council to have exclusive jurisdiction over 196 Bridges assumed by County to be placed in repair 196 To be maintained in Villages to connect highways through County ........ 196 Between certain Municipalities to be erected and maintained jointly . . 197 Differences referred to arbitration IO7 Mistakes in Opening Road Allowances. No action to be bro- ght against Municipalities, their oflScers or servants, for mistakes in opening roatl allowances 2OI Conipe.isation to bo made by Municipality 201 Claim for, to be made within one year :...... 201 Pouers of Magistrates in General Sessions. Transferred to County Council 198 Registratiim of Road By-laws. By-laws under which roads are opened on private property to be registered . . 200 To bo certified under hand of Clerk and Seal, and to be registered with- out further proof 200 By-laws passed before twenty-ninth March 1873, and orders and resolutions of General Sessions may be registered, and how 200 Repairs. Approaches to bridges to be maintained 195 Roads to be kept in repair by Corporation 195 Neglect to be a misdemeanor !..... 19d Action for damages for default !!...! 195 Limitation of action !"!!.. 195 Not .".pplicRhlo to roads laid out by private persons unless assumed by Corporation I95 INDEX. ^ 347 HlOHWAYH— C.rt» eic 140 140 348 INDEX. HonsE OF coBRECTiiiN— Continued. Paob. City Council may erect and maintain 141 Council of City and Town may establish 142 Who hable to be committed to ,' 142 By whom may be committed ]42 To be deemed within the Municipality fo.' certain purposes 143 Gaols to be, in Counties where houses of correction have not been erected . . 143 House of Ill-fame — By-laws for suppressing 164 House of Industry — County Council may pass by-laws for erecting, repairing, etc 142 To be provided with fuel, etc 142 City Council may erect and maintain 141 Council of Town separated from County may erect and maintain 142 Keepers, etc. , to be appointed 142 Rules aiid Regulations to be made 142 One may be provided for several Corporations 142 Inspector may be appointed 141 Duties of 142 Who liable to be committed to 142 By whom may be committed 142 To be deemed within the Municipality for certain purposes ' 143 By-laws for appointing Inspectors 169 House of Refuge — Coimcil of County, City, and Town separated from County may erect and maintain 142 Keepers, etc., to be appointed 142 Rules and Regulations to be made 142 One may be provided for several Corporations 142 Inspector may be apppointed 142 Duties of 142 Who liable to be committed to 142 By whom may be committed 142 To be deemed withi?! the Municipality for certain purposes 143 By-laws for establishing and regulating 185 And see Municipal Amendment Act, 1888. Householders — See QuALiFiC4TroNS. Hucksters — By-laws for regulating 183 Hydrants — Council may rent I53 Immorality — By laws for preventing ^ 164 Importuning Travellers — By-laws for preventing Imprisonment — See Fines and Penalties. Improvements — See Local Improvements. Income Voters — See By-laws, Election, and Qualification. 173 349 Incorporation— KSrgoH'x'Cr''' "°- •» ■" • ''°-' «"^°""' ""'1 Incorrigible Rogues— May be sent to House of Correction ' 2.43 Indecency — By-laws to proA'ent 164 Indigent Persons— May be sent to House of Correction ^ ," , " Industry ■.■.■.;'.;■. 142 By-laws for granting aid to. 146 Ign Industrial Farms— County may acquire lands for, and maintain ^^ity and Town separate from County may ; dre land 'fnr"^.;.i ■■••;■. 141 Persons sent to, compellable to work *"'^ manitam ... 142 Application of earnings 142 • Who liable to be connnitted to ! ! ! ! ! 142 By whom to be committed ." .' 142 To be deemed to be within the MunicipaP 'V ifor certain purposes J!! By-laws for acriuinng property for ......... Purposes ^43 for selling the same when no longer required '. -^q* ^ tor erectmg buildings and managing 1^4 bee Municipal Amendment Act 1888. ■ 1^4 iNFECTiors Diseases— By-laws for preventing 166 Ingress and Eore.ss — ^^'tS^^l^^T':'. .'.'^ "''''' ^^'*'°"* '"^'^-^ compensation and pro- 199 Inquiry— Respecting finances " conduct of officers 121 14g Insane Destitute Persons — County Council to provide for . Igg Inspection of Provisions— By-laws to provide for Inspectors — Of House of Industry may be appointed Duties of 141 142 insulting Language — By-laws for preventing Insurable Interest — County, City and Town have, in Court House, Gaol and furniture 144 Intellig£nce Offices — By-laws for licensing, regulating or preventing J ■ . 184 interments — By-laws for regulating' . , ° ■ 173 I riil 350 INDEX. Interpretation — Page, Bridge 4 Council i 6 County " " _ Q County Town !...!.!.!.!.!!! 6 Election ' ' " ' ' 30 Electors ' _ ' ' q Farm ; 33 Fanner's Son or Farmers' Sons 33 Father '[ 33 Highway ' 6 Householder [ 35 Land !.!!!! 6 Leaseholder 3q Local Municipality g Municipality 6 Next day g Owner 34. . Real estate g Real property g Reeve g Road g Son or Sons 33 To vote 33 Township . . . i ! ! 6 Intimidation— See Corrupt Practices. 'i Intoxicating Drinks — By-laws for preventing sale of, to children 164 Investigation — Respecting conduct of officers, etc 14® Investment — Of surplus moneys II9 Of sinking fund H9 Of surplus moneys from " The Ontario Municipalities Fund " 119 Loans to school trustees 120 Only those authorized by law to be made 120 Joint Owners — See Qualification. Judges (County) — Re-count of votes by qq Scrutiny on petition to 102 Third arbitrator may be appointed by in certain cases 1?3 To be a Police Commissioner 13g At request of Council, to enquire respecting the conduct of officers and good government of Municipality 14g To report to Council 14g If no person who can convey lands taken by Corporation, County Judge may. appoint one I55 Appeal to, against assessment for local improvements 215 Powers of 215 May appoint arbitrator in arbitrations between Counties respecting local im- provements in certain cases 23i INDEX. Jurors — Justices of the Peace To be appointed for Junior County May administer oaths and declarations ""Sj'te.''." ?.^' "'''''' °^'"'''' ''^*"''* ^y-^*"^'' "^'"'^'•^ there is' no Police MilgiV- Under by-laws of Police Commissioners May try oflences against by-laws not specially provided for Heads of Municipalities, Reeves and Aldermen to be ex officio Ma* compel attendance of witnesses May hold Police Court for, at the request of Mayor Junk Stores— By-laws for licensing and regulating Keeper of Gaol and Hocse op Correction— See Gaoler. ' Ladders — By-laws to compel the erection of Regulations respecting, in Police Villages Land Marks— By-laws for erecting, to mark concessions Lands — Compensation to be made for Differences to be referred to arktratioii Trustees, etc. , to have power to act for those whom" they represent x^J 1° ^^T"" ""1° """ "'"'''^y' ^''""^y J"'i«« °^y appoint one Application of purchase money To be subject to same charges as property wm subject to ±Jy-law8 for acquiring, in another Municipality for acquiring, for purpose of exhibition, industrial" "famis," "parks gardens, etc. ' i"*'°-»' for selling same when no longer required for. " for acquiring, for opening roads ..".'." ...',[[[ " on railway lands '....... Leaseholders — See By-Laws, Elections and Qualification. Lieutenant-Governor — ''^'ilZiylT^^Z^^i^'^'!^ of incorporated County into a new May proclaim Provisional County '///' " final separation of Provisional County . . May authorize the payment or redemption of municipal" debt "instead* of'in- vestment Annual report respecting finances to be made to! ! ...... i * May appoint third arbitrator in certain cases Assent of, required to ferry by-laws To regulate ferries in certain cases May appoint arbitrator in arbitration between" Ooilnti"e"s re's"p"ec-tin"g iocil'im' provements m certain cases 361 Page, 132 22 87 131 137 131 130 132 135 198 172 141 175 253 167 154 164 164 156 155 165 178 184 184 202 202 19 20 22 118 121 122 170 170 231 352 INDEX. L'««™- Page To be provided for Court House 14q By-laws for preventing or regulating the use of, in stables, shops, etc. .! ." .' .* ..'. 174 llegulations of Police village respecting 253 Lime — Regulations of Police Village respecting 254 Limitation of Actions — For penalties under Sections 209 and 210 75 For damages caused by neglect to keep roads in repair '....."..."...'. 195 Livery Stables — ' ' ■ Licensing of jgjr By-Laws for regulating and licensirg ' ,\ .* '/_ '_ jgg Local Assessment — See By-Laws. Local Improvements — Debentures for, to be so stated 128 Provision for consohdation of debentures for 128 Upon a petition of a majority in number (jf the ratepayers whose property will be benefited — Engineer or Surveyor to report thereon 212 By-laws may be passed for deepening streams, removing obstructions, and draining property, etc 212 For borrowing the necessary funds and issuing debentures [ . . 213 Interr'^+, may bo included in the amount payable in lieu of being paid annually "^IS For levying a special rate for payment 21 3 What Costs of the work shall be deemed to include '. ..... 213 Persons whose property is assessed may pay the amount of their assessinent," less the interest, before issuing of debentures 213 Not to be paid by tenant under an agreement to pay taxes unless specially mentioned 214 For regulating times and manner of payment [][ 214 For ascertaining the property liable to the rate 214 Mode of assessing property to be benefited 214 Mode of shewing proportion of benefit 214 Powers of Council shall include embanking, pumping and mechanical opera- tions 214 And doing all things necessary for maintaining the works ... . . ... . '. 214 And works of Legislature or Parliament completed , , 210 Form of by-law 217 To be amended if assessment altered on complaint or appeal 219. To be published before final passing \\ _ _ 219 Copies may be served on owners of property to be benefited instead of being published 219 By-law to be valid unless notice of intention to move to quash be given to Clerk within ten days after final passing 220 If quashed in part the re.^t to be valid '. ' 220 By-law may be amended in order to complete the work 220 Provisions respecting 220 Debentures not invalid though not strictly in accordance with the by-law . '. 220 When work may be extended beyond limits of Municipality '.' 220 When lands in adjoining Municipality may be charged, though works not •arried into same 221 Engineer or Surveyor to report thereon 221 Plans may be made , ' " 221 Municipality beginning the work to notify adjoining Municipality to be beiie- . fited 221 Adjoining Municipality to raise the necessary amount 221 Or may appeal and refer the matter in diflference to arbitration ........ 222 INDEX. 353 Local lMPRovBMENT8-Co>tuiamm ^ ^^ compelled to make the Dutv nf . ^ ^^^^ *^ !''*'"^^fe"^« f"r '"'y injury' 223 C uV TT- ^"nicipalities to make reSs 223 Where works constructed out of genial fS*i'?'^^^^^^ •-• • • 224 Page 222 222 222 Drain property benefited. conimencmg saine repairs may be charged'on oKl^tf"-' *.° \! ^"P* ^''^^ fromobstruotionV 224 Municipality, and the" . charged upon the Collector's" Roll"L;rnst3!'"'^n' """ '"'^ ^^Penses obstructions "tgainst such persons causing the By-laws .nay be passed to b;,rrow"fund8 for renairs 225 225 225 srj^^;ssr^t:^^i:?tj»r'^^^ -" property assessed to be 226 chfl"ged against property benefited Municipality to be detail hied by the fLT"' °^ ^'^J'^^"^"^ 1«* or Their awarH ir, k^ fi„„i ^'"""t-u oy tHe tence-viewers award to be fiijal Certain provisions to apply ''"'"^gea ''°"£,?,r.^»" application^of Councils of wauce minor Municipalities may pass 227 227 227 227 228 228 228 228 228 by-laws for Petition of property oTOerV not required ' Provisions to apply 4""eu. ^^^ County to raise the requisite'fnnds.'."," .'"'.' 228 Any of the M,,„ici,»life, „,.; iSmJy *e Sn'.t ""'""""''ing ..o And served on other County or Counties 229 Form of oath ' " " " 229 l;t Ssr .t'S; cS:,r.7i' s.i"' - -« ».""; «.. .„ VVho may appeal . . ^ v^ouniies ml°A?« nT*^ *,° n^ served," and on whom' : '. ' • ■ • What the notice shall contain County Judge may appoint arhifrator - l ' hn arKif^o^^~. eport ailu lucuiuers or CoiniciK •^ll^ II f be axbitrators ""'ue report and members of 23 230 230 230 230 230 231 231 2; I 354 INDEX. Local Impkovements — Continued In P. I": |l case one number of arbitrators is even, Lieutenant-Governor may appoint Arbitrators to apportion the cost of wox'k Decision of majority to be binding An application may be made to High Court of Justice when arbitrators unable to agree _ Minor Alunicipalities interested may appear at arbitration By-laws not to be passed pending appeal ; After the making of the award or time for appeal has elapsed, by-laws for raising the sums required to be passed Certain provisions to apply . . . .■ If works are to be carried across or along railway, provisions of " The Rail- Paoe 231 231 231 231, 232 232 232 232 way. Streets and Drains Act 18S2," to apply 232 Councils of Cities, Towns, and Incorporated Villages may pass by-laws for ascertaining property to be benefited 232 Appeal in case of ordinary assessment 232 Assessing and levying upon the property to be benefited the costs of the work 233 Not to apply to repairs or maintenance of the work 233 The special rate to be an annual rate according to the frontage of the property to be benefited 233 Majority of property owners representing at least one-half the value of the property to be benefited may petition against the works 233 In which cas^e no second assessment for the same work to be made within two years • 234 Number of owners and value of property to be determined as provided by by-law 234 If first assessment too low another or others may be made 234 If first assessment too great excess to be refunded ratably 234 Tinxe and manner of levying asses'^ment 234 By-laws for effecting improvements with funds provided for the purpose .... 234 One-third of the cost of sewers in certain cases to be provided by the Council 234 An equitable assessment of corner lots may be made 235 Of lands unfit for building purposes . 236 For building or repair of bridges or culverts 236 Private owners may be allowed to build or improve sidewalks, and be free from assessment for works of a like nature 237 Temporary loans may be made 238 Time of repayment of loans and maturing debentures 238 If by-laws quashed wholly or in part new assessments may be made 238 No improvement to be undertaken unless initiated in one of the methods provided 238 Property assessed for local improvements, or the owners whereof have made the improvements not to be assessed for general rates for same purpose.. . 241 Period of exemption may bo stated in petition and agreed to by Council .... 241 Or deter iined by arbitration 241 By-law to be passed annually to give effect to this section 241 No money raised by general rat ) to be applied by any work of same character in Municipality until by-law passed 241 Certain by laws need not be advertised 239 But notice of sitting of Court of Revision to be given 239 What notice shall contain 239 How it may be served 239 By-laws may be passed directing that all future expenditure for certain im- provements shall bo raised by special rate 241 Not to be repealed except upon assent of electors 241 Consequences of repeal 241 Houses of worship may be assessed for local improven)cnts in certain cases. . 242 Certain portioiiM of improvements may be paid for (;iit of general finrds .... 242 Assent of '^li. otors to, not required 243 How debentures may bo raised 243 By-laws may be passed without assent of electors iuv raising the funds re- quired for the shai'e of the work to be charged :. tlu'. Municipality .... 243 -\ m. INDKX Page . . . . 231 231 . . . . 231 able • ■ • • 231, * • • • 232 232 s for • ■ . . 232 232 ^ail- ■ • * • 232 for « I • • 232 232 vork 233 233 erty • . . . 233 the 233 two * I • • 234 iby 234 234 234 • • • • 234 234 mcil 234 235 236 236 free • • • 237 • • • • 238 • • > > 238 238 lods 238 lade se... 241 • • • 241 241 241 cter 241 239 239 , ^ 239 239 iin- • • • 241 241 • ■ • 241 es. . 242 • 1 ■ 242 243 243 243 3o6 Local Improvements— Continued. Proceedings preliminary thereto 245 bJaSW'-'''"'' ' ' acquiring roads andVor impVoVemeniJ thereto ''' What by-laws shall state 245 and see Municipal Amendment Act' 1888 ^^^ E8 — 141 141 Lock-up Ho' County CouncU may establish and maintain Constabfe" to'?,' Z^^^"^ of Constablu to be pl'a^ed in change: Expenses of conveying prisoners tu ....'.'.'.'..'. H? Mandamus 146 ""tta SriaV"'" .T'" '°.'."*' ""P—"" -y be c„». 223 Manufactories — May be exsiupted from taxation liyjlaws for granting aid to .','/, 113 '' for preventing or reguiaVing. ' 150 " II J i(j5 and see Municipal Amendment Acf 1888.'"'""^''*™ 174 Maritime Court— May use Court House * Market Fees— Not to be imposed on certain articles . . "' ^^^:^. ^^*^':'.^^^« -P-'*^ -1- convenient piace provided Not to be cliarged on articles' deli've'redij When not to be charged though no prior contract '''^*^rL^£-,"l-l"-d 'o be w&ghedrrasured if neithe^ Ven'd'o'r nor 143 179 179 purchaser desires it . . . Scale of market fees Scale of fees for weighing or m pursuance of prior contract ..'.'" ' 170 179 ;■■■■ 179 ■tvi t, , 7, — = 8 "'' muasurint; 180 Not to interfere with persons caSc,r.nK^ -idvantage of market .... 181 Fees not to be greater than'rs?im;S K iSal?^^ ^' ™'^^'^^* 1«1 Si^'ESS-3ni-f*'-'l-utSi^^^^^ J«} ''^'"pSt"?^ '^,rf '^"^"^^^*^ ^ '-^-« chargedsubje-ct'tocertain ''' ' 181 li mm 356 INDEX. Market Fees — Cmitinned. Pagb Enactniunta inconsiatent with sections 497 and 498 rospoctively ahall nut be in force, while they are in force 182 May be assigned , 182 Markets— Council may make regulations and impose fees subject to certain roatrictiona 179 Sale of articles not retiiiired to be at market after certain times 180 By-laws for eatablishing and regulating 182 Old markets to remain vested in the Corporations 182 Mayor — To be head of City and Town Corporations 28 79 Property qualitication of 30 May resign, when CC Reinuneration of 77 May and when shall call special meetings of Council 78 Declaration of qualification 86 " of office 87 Before whom to be made 87 Penalty for refusal to accept office 88 Jurisdiction of, where no Police Magiatrate 130 After having taken oatlf as Mayor no other qualification necessary 130 To hold Police Court when no Police Magiatrate, or in hia abaence 136 To be a Police Connnissioner 136 May call out the posse comitatus, when 146 Mechanics' Institutes — By-laws for granting aid to 149 Medals — May be given to persons distinguishing themselves at fires 174 Meat — By-laws for regulating the sale of 182 " granting licenses for 18'J Sale of, diatrained for rent of atalls 183 Menageries — By-laws respecting 162 Mendicants — By-laws for restraining and punishing 164 Messengers — , See Municipal Amendment Act, 1888. Military Lands — Not to be interfered with by Mun'o'palities without consent of Dominion Government 198 Minerals — On Corporation lands may be sold or leased 207 Notice of sale or lease to be given 207 Rights sold or leased not to interfere with public travel 207 Mistakes — In use of election forms not to invalidate election , 6& No action to be brought for mistakes in opening road allowances 201 Money — Council may borrow to meet current expenses 129 Monopolies - Prohibited 91 INDEX. , 337 Monuments — p , , . Page. tJy-laws for erecting to mark concessions, etc jgg Municipal Corporation— Existing Corporations continued " officers, by-laws, etc., continued ".'.'.'. ' 1 Names of 7 Incorporation of ^ . Powers of, to be exercised by Councii o Area of o See New Corporations— " ^ Municipal Council— Conditct of Business. Ordinary meetings to be held openly h.- Who to preside in caso of death or absence of head. ". '. It Special meetings may be held openly or closed '. ". '. II Oue8tTo^vlS'nn"'P''''f*^°'J J"*^ ^°*"^ ^^"^ ^^^ ''^''' members.". ". ". '. V. '] ] [ [ ' Jl question voted on negatived in case of equality of votes. . . ya Meetings may be adjourned ;° 78 Election of Warden. To be elected by members of County Council .... ^. Who to preside at , _ J}' Who to have casting vote . .....'. 1^ 76 Jurisdiction of To exercise powers of the Corporation . . • „ Confined to the Municipality the Council repre'sents: ■.:"■. on May make regulations which are not contrary to law for- {\) Governing the proceedings of the Council on (2) Conduct of its members XX (3) Calling of special meetings . . ^ (4) Such others as the good of the inhabitants" requires on Mav Kint^'f """i "'"'"•^ '^y^^^^ ^^-^^p* ^ restrained by-law. :::::::::• 9? "^re^lS same'' .'. '^"""T^ ''"^""' '*"•' ^'''" ''^^'^ '' "° P"^^^ *° Monopolies prohibited. ®^ Special tax prohibited. . ^^ ^'' rTiSnf "^.^^ may-b;'charged-for certificate" of" compliance ' w'itli ^^ May grant ferry privileges," when* .".".'.".'.".".". ^ See By-Laws. '*•'• Meetings of (Ordinary). First^meeting of Municipal Council other than County CouncU, when to be First meeting of County Couiicii— ^^ When to be held Where to be held. '® """ tt\l*„" mVd^ "*'''^""*^^ ^^'to be heT'"' "''""^ °* County6oun"cii and m"ee"ti"ngs" of oiiier "dounciis ^^ "^P^^, 'i^^^^ ^--ils- may beheld .id ^ To be held openly ' ' 77 i 358 Municipal Covsoil— Continued. INDEX. (Special.) Page 1. ■ I?- ' f1 'ill' Head of Corporation may Bummon 78 When head of C-^T'iifttid-.i tt'iall summon. 78 Where to be helt 78 May be hel'! < -.ioaly or closed ' 78 Membert of In CoiintioB 26 Certificates of election and qualification of Reeves and Deputy Reeves 26 In Cities 28 In Towns 28 In Incoriwrated Villages 29 In Townships 29 In Provisional Corporations 29 Qu(),lificf.tion of 30 Persons disqualified 31 " exempted 31 Term of oftice of , 36 " " members elected to fill vacancies in 66 Vacancies in — By crime, insolvency, absence, etc 66 Quo ivarranto proceedings on omitting to vacate office after forfeiture . . 66 By resignation 06 Appuintnient of members to when election neglected 67 Contracts between members and Corporation to be void in action against Corporation 135 And see Municipal Amendment Act, 1888. Remuneratio7i of Members. Of Members of Township and County Councils 77 Of head of City, Town or Village Corporation 77 '>^ f.l Municipal Officers — By-laws for appointing and removing 148 No acticm to bo brought against, for mistakes in opening road allowanQes. . . . 201 Salaries of officers — The Coimcil shall settle same unless provided by statute 88 81 88 88 88 89 Of treasurer Of solicitor Of counsel Costs of actions, recovery of, when salary paid to solicitor Gratuity may be given after twenty years' service Mode of appointment — Not by tender or to applicants at the lowest remuneration. . . Tenure of office — To hold office until removed by Council Duties of officers — Those assigned by the Municipal Act Those imposed by any other statute . . .*. By by-law of the Council .... By-laws for regulating 148 Security — Bonds of guarantee companies may be accepted 89 By-laws for regulating 148 88 89 89 89 89 INDKX. 359 MuMciPAL OrrivERti— Continued. p^^^ Aiaeument C'ummisnoner. May be appointed in cities a„ May appoint ossessore and valuators. '' ' ' fx TenurHf Office^'''!''"" "'"^ ^''^""*"" **" °°"''ti*"*«'a ««*rd of Assessors: .' .' ! S Declaration of office, form of ?? Before whom to be made. . . „r 87 Asaexmra mid Collectors, '^^fp7o'int °^. .^.''.^'^ ^'*^' '^'"'"' ^"°°n^«'^*«d Village and Township shall Not to bo members of the Council.'.'. a? May be appointed for more than one ward % "i mh Setmblr "' "^ °*^*' "' ^"""^"^ in" default for payment' of taxes ^'"'vili" al ^ollnty ^"""*'"' *° ^' °°"'"*"" ^°' the' Townships of the pro: ^^ '^""'coirct'S^*''.''': '"''*''' ^'^ be'responsibl'eto'the'uni'o'n'for't'hemoneys ^^ The union to pay to the provisional ' treasurer 'the "m'o'ri'ey's bel'ongi'ng 'to the ^ provisional County, loss the costs of collection ^^ qo in Cities Assessment Commissioner may appoint Assessors 83 Decluratio."onffice'^/"':'*.""":':'.''. "^ '=''"«'=*°'-« ''"^ P^««^"be their 'duties .' .' 83 Before whom to be taken! '. ?Z Colu'Iior^Uf !f"l*" T^t ''^"^ °'' "'^'^'^ *^<^' necessary declarivti'on ' .' .' .' .' .' .' 88 '''^':iT;::^^^^^^^^^ ^^^^-* MumapalCorpor^tions ''" '^ISS to e^iSr* "^^ "'^ ^"^^-^^^ °^ cai^ing'into'effect provisions 134 Auditors (Dul Audit. Two auditors to be appointed by Council at first meeting sa One shall be nominated by the head of the Council ai Persons disqualified as auditor ... 2^ Duties of auditor ^* To make abstract of receii)ts^ etc' .' .' Sk "ture,Ttc '.'"'^ '^^^ '" °*"' "^ *''*" ^'"'^' '^ ^t'^t^''^^"* »f' i-«°'^ipt«- exp'e'nd'i: Statement may be inspected in 'cierk's o'ffice S Auditors' abstract to be published . o2 The statement to be published in such form as 'tiie'Council' directs .■.'.'.' 85 to' County Cl'eT'"^''' '''''" *'*"'""* * ""^^ "^ *^'*''''^* '^"'^ statement Clerk to make return t.. Bureau 'of' Indiistries.' ff ^mal audit tu be made on report of the auditors . qr Tre^uJer'" '^*^^ ^""^ the regulation of money to be paid" by County Audit of accounts in Cities and Towns, when hk In other Municipalities . . o? In Toronto '.'.'.'.'.'.'.'.'.'.'.'.[ li Vacancies provided for. gJ Audit of all accounts before payment inay be' required 85 Monthly audit ^ ?z Auditors' declaration of office, form of oi; Appointment .f members of Board of Audit laa Payment of iuembers ' '.'^^ And see Municipal Amendment Act 1888 !i U r:f 360 INDEX Municipal OvnvRHH— Continued. p^^. Board of Assessors. In Cities— CominissionerH, osBesaors and valuators to constitute 83 Engineers. By-laws for appointing Igy Fence Viewers, By-laws for appointment and removal of j^g Oame Inspectors. By-laws for appointment and removal of 143 Inspectors of House of Industry. By-laws for appointing j^j Overseers of Highways. By-laws for appointment and removal of 143 Pound Keepers. By-lftws for appointment and removal of 143 Mood Commissioner. By-laws for appointment and removal c 1 143 Moad Surveyors. By-laws for appoint.nent and removal of 143 Surgeons of the Oaol. By-laws for appointing jgg Surveyors. By-laws for appointing ^35 The Clerk. To enter names of persons adjudged guilty of corrupt practices 74 Every Council shall appoint 79 Duties of 79 Provision for absence, etc., of Clerk 80 Minutes of Council, documents, etc. , in possession of Clerk to be open for inspection gQ Copies to be furnished, if required 80 Fees for same 80 To make yearly return of number of resident ratepayers to Bureau of Industries qq Penalty for default 80 Ratums to be laid before Legislature at commencement of each Session . . 80 Moneys payable to Municipality to be retained if returns not made .... 80 List of persons iu default for payment of taxes to be transmitted to . . . . 81 Clerk of minor Municipality to transmit to County Clerk abstract and state- ment of auditors 35 INDEX. ^ QQ^ Municipal Officers— Cou«;nued. p Declttration of office, form of o* Before whom to be made ol May administer ontv, r • declarations. .*.".'""." al rentiUy for n«gl •( t . . °'„ To sign bv-if « ; ; ; ; ^ °° To furnish c ified c. pies of by-laws 02 8olemr'''"'Cati..'! ''^ ^''"*^"''"*^"''''""'''"*''"^^'*"'^^"^^ To sign no*''oe to ' ^ ,jended to "by-law '.'.'.". S Voting (m J»y-law8- *** To prii ball. -^pers for voting on by-law , 04 ToBuni'v viters |!: To give . f, u^Hto to entitle Deputy" iiotu'niing" Ofiicers," Poll "cierksand Agents to vote where engaged 0= To furnisli voters' lists q" Duties of, when Municipality not divided "into 'wards ofi 10 cast up votes and declare the result .' inV To certify the result to the Council ... . fni Not to have casting vote, when .' Jqi ^" mte^a er?^°*'"^ by-laws which require the assent" of two-fifths of To maintain secrecy of the proceedings }^ To attend before County Judge with ballot papers onscrutiiiy 102 To register by-laws recjuirinj registration . ' 1 if Copy of award to be filed with . . fif Evidence and docmients to be filed witli, by ari)itrators '.'. iM To keep a Debenture Registrv Book ... (90 To give certificates of ownership of debentures ion And enter transfers T^q To be an ofticer of the Court fur the purpose of' earring" into 'e"frect" provisions respecting execution ^ i%l %Tb Sr so doi^""'^ ^"""^ '^ "*" "^^^^ p^""'" ^pi'^'"^*^ ." ." ." ." ; ; : : : : ; : : ; m To act as JDeputy Returning" "ofiicer' when vote on ' by-law iPor "local inipro've"- ^^^ County Clerk to act as "Returniiig Officer." .".".' foj . ^•'''^'^ of Township to furnish list of voters for election'of" Police "village See Elections. ^°^ The Head. Remuneration of Of County '.'.'.'.'.'.'.'.'.'.'.'..'.'. P Of Provisional Corporation . . i? Of City and Town .'.".".".".'."." JJ Of Township and incorporated Village! Lq Toissue writs for new elections, when.. iz To preside at meetings of Council Si May and when shall call special meetings io May expel from meetings of Council for improper c.^iiduct" ." 70 On death or absence of, who to preside . it May vote with the other members of Council it Duties of '° 'I'o nominate one Auditor If May administer oaths and declaratioiis a- To sign by-laws ' °^ May appoint arbitrators if autiiorized by byllaw 1 00 JNotice of appointment of arbitrator to be given to 1 00 To bfnaH ^fS't'^'"''' '^ *""rf «d by by-law, to" ascertain" compensation to be paid for real property taken or iniured . . 100 To sign debentures ."...'. ' ' ' i^^" To be a Justice of the Peace ex officii ' . .'. . . . . . .' .' ." .' .' .' .' ,".'.'.'.".'.'.'"■; 13^ i:„l 362 INDEX. I! f? i? Page tion 31 on or MuNiciPAt Officers— Con^intied. '^° ^Lut^r^T "* ^^: ■''''^^ ^"'^ ™'^^*y companies in which Corporati holds stock in certain cases ifiq 9i>r May administer oaths in investigation, with respect'to roads,' ete V.V. '.V. . .' ' 201 The Treasurer. Cannot be a member of the Council . To prepare and verify on oath list of defaulters' 'in' payment 'of' tax^s before nomination day ^ To pay election expenses fZ Every Council shall appoint " ' ] «, Mode of payment ^| Security required qT Du?"**^ ^"q"^iy to be made as to'su'fBciency o'f 'security' '..'.'.'.'.'.['.'.'.'.'.'. [ [ [ [ 81 Limitation of his iiabifity . ..............'. fj Death of County Treasurer provided for ai To make statements of aasets each half year qT To transmit to Clerk lists of persons in default for 'paym'en't' of 'taxes' '.'.'.'." 81 DelSbToToS^'^' " '''"'"'' "^°°^^^°^ ""'' ''^'^ "^-^y« 82 Fonn of ^ Before whom to be made gi To make annual returns of Munic'ipality ' 'inde'b'ted 'to' 'the 'Consolidated JWunicipal Loan Fund ,on Penalty for default |^" ^""Council"™^ *° ^® "^^ respecting' finance' to Lieutenant-Governor 'in Penalty for default' .....'.'.".'.'.'.'.'.'.'.'.■.■.■.■■.■■. \n\ Demand of costs of commissioner who 'lias enquired 'into 'fi'nances to 'be made at omce or , -„. ^"^ TenttreV"''"^^ collected 'under' 'by'-law' ■applied ■in'payment of 'the de- ^°^^bf iveTi to°'' ^"'^ endorsement,' with' sfcite'ment 'of'am'ount required to ^^'^ Surplus (if imy) to be paid to,' by Sheriff." '.".'.'.'. Jo? Of Township to pay moneys on order of Trustees of Police 'village '.'.'.".'.'.'. 253 Trustees of Police Villages. See Police Villages. Valuators. May be appointed by Assessment Commissioner 83 County Council may appoint " . , gg Duties of 8r Declaration oi office, form of 86 Before whom to be made 87 By- laws for appointment and removal of 148 MUSKOKA — See Algoma. Mutual Insurance Companies — When Town Hall of Township is situate in u Town or Village, meetings of may be held at jgQ New Corporations — aty. Town may be erected into, when and how J3 Mode of adjustment of existing County debts on Town being made a City" ' 14 Limits of ' -,! INDEX. New Corporations- Wards -Contimied. 863 Page. 14 Nbw division into wards .!!'.!!.'!!!!! 14 Enlargement of area of when added territory belongs to another Countv IB Annexation of village or town to. ^ • • • See Municipal Amendment Act, 1888. ; County. May be formed by proclamation and annexed or united l& Seniority of united Counties 20 Application of laws to united Counties 20 And see Provisional County and see Municipal Amendment Act 1888. Police Villages. May be erected, when and how 249 Provisional Co^mty. Junior County may be separated from union and formed into, by proclamation 20 Keeves and Deputy Reeves of junior County to be a provisional Council 20 Who to preside oi Appointment of provisional officers and terms of office 21 May acquire land and erect County buildings 21 Powers of provisional Council .'!!...!!!...! 21 Mode of adjusting and dividing the liabilities and property of the union 21 No member of provisional Council to vote or take part in Council of union on questions relating to such adjustment 21 Appointment of Judge, Sheriff, etc 22 Final separation of provisional County 22 Property, how divided upon final separation 22 Officers, property, etc., of provisional Corporation to be" the officers, property etc. , of the new Corporation 22 Legal Process, execution of, after dissolution 22 Pending actions and indictments, place of trial and venue may be cliiin<^ed. '. 23 Otherwise to be tried in senior County " 23 Courts of junior County to be held at County Town .' . .' ." '. . . . . .' . , . . . ." ', [ ' ' " " 23 Toivn. Village may lie erected into jo When and how 14 Limits of -.^ Wards ".".".".'.'...'.'.".*.".'.'.'..'.'.".".'.'.'.■.■.'.'.".■.■.■.■■.■. 14 New division into wards j^ Enlargement of area of j ^ Nh> n .added territory belonga to another County 15 Annexat n -see Minicipaf Amkn'pment Act 1S88. May by by-law of Coimcil withdraw from County 15 When, and conditions of withdrawal 15 16 May re-unite with County, when and how ............[[... 16* 17 Township. Outside an inci rporated County may be annexed by proclamation to an ad- jacent incorporated County ly Jui'ior Township may he separated from union, when and how ....... 17 18 Mof'e of disposition of property upon a dissolutioi, 'if a union . . ' 18 V\ .n an incorporated County, to bo annexed U.> ■^me .vijacent Township or union of Townships, how ig Unincorporated Townships may be united and formed into unions^ how, 19 Seniority of united Townships to be designated by the proclamation or by-law 19 Operation of by-law uniting Town.ships in adjacent Counties to cease on dis- Holutiont of the union of Counties. 19 ^g^: 564 New Corporations — Continued. INDEX. Village. Page. i-i! To be erected by County Council, when and how « Area of o Disposition of property and payment of debts on separ.itiou . . . . . . . . . . . . . . . 9 When it lies within two or more Counties to be annexed by the Coiuicils to one of them q Mode of procuring such annexation 9 Mode of adjusting and collecting the amount of the County liabilities 'to' be borne by the Village jq If the Councils do not agree respecting such adj :s^nent the incorporation may be annulled, when and how 10 Additions of area to Villages, when and how made 10 Reducing area of villages, when and how made if Annexation to adjoining municipality upon unincorporatiuu .... . . . . . . H Setting apart unincorporated village 12 ," „ " " By-Laws as to 12, 13 and see Municipai Amend.ment Act 1888. Effect of fonmition of New Corporations. By-laws to continue in force until altered by new Corporation 23 When territory added to .aunicipality, by-laws (except those relating to roads and streets of Municipality from which territory taken) cease and by-laws of Municipality to which it is added apply 23 Liability of new Corporation fcjr debts 24 Provision for payment of debts when territory added to Municipality ... 24 Debentures to be issued by senior County or Township for debts incurred before dissolution, and are to bind old ana new Municipalities 24 Assessments for year :)receding dissolution [ [ 24 Special rates to be collected and paid over to senior Municipality . . . . . . . . . . 24 If junior County pays more than its share of the liabilities of the union, may recover excess from senior County 25 Former Council and officers to exercise jurisdiction until new ones appointed 25 Pubh« officers of the union to be public officers of the senior County or T(jwn- sli'i'P 25 Sureties to remain liable 25 Voters at first election 34 When incorporation to take effect 36 On separation of a union of Counties, rules and regtUations respectiiig cijurt House and Gaol to apply to junior County ° 144 Newspapers— see MuNir'iPAL Amendment Act 1888. NiPissiNo— see Alooma. Noises — By-laws for preventing Nomination — See Elections. Non-compliance with Rules — Not to avoid election Ifi5 ^"THi 65 Notices — By-laws for preventing the defacing of property by ]63 Nuisances — By-laws for preventing and abating 164 Itej'ulations of Police V illage respecting .............. 254 Numbering of Houses — By-laws to provide for \>^q INDEX. 365 Paue. Oaths — Who may administer To be subscribed by deponent. ^' Persons administering, to certify Juid subscribe'saiue oo In be deposited witli Clerk **" Of police officers _ _ | *^8 Of voter on by-law for local im'provementa ' J^o KilSr'*"" "''^ -l'->"Bter, in disputeV ;vitA respect •t^'r.iadV, -etc: '. 251 Objections to By-Laws — By ratepayers, when and how made Offences and Penalties— For refusing to serve as special constable For neglecting to furnish ballot boxes J^or neglecting t,. give certificate with respect to' assessment roll ^or votnig more than once when such prohibited *or receiving vote of elector who has refused to swear or 'to affirm ^or neglectiug to .sign name or initials on back of ballot paper Relating to ballot papers ., ^^ For contravention of Sections 110 to 1(37 . For bribery by candidates ' ' ' ' For corrupt practices ' _ For undue influence | ' | Recovery of For iKm-attendance of witness Limitation of proceedings for penalties under Sections 207 and 208 Atter prosecution of person jointly liable For ne^^lecting to make yearly returns to Bureau of InVustries i> or refusing to accept office " to make declarati(ms of qualification and office to admi m ter declarations . For contravention df section relating to secrecy at voting 'on bV laws ^''' dS^^unSSl W FuS"^.?^ ^""^^^P^^^*^ ^'^'^"^'^ "- «--ii- ^"'" "n cTundr''''^ ''"""'''' ''''*"''"' '■«^«P«°ting finance to 'Lieutenant-Governor Recovery and enforcement of penalties '.'."...... In default of payment, imprisonment Whole or part of penalty may be awarded, with'costs' ". ". J o be levied by distress In default of distress, imprisonment. How fines to be api)lied " . ' For offijnces against by-laws of Police "Commissioners How recovered For light weight, et? " For obstructing dr> c.s For contnivcation of rrjulations of PoiiceVillag^ " For reglccf f duty by Trustees of PoUce Village See Fine.; . . i> Pen., ^.ties. " " " ,' And see MuNicir.vr. Amendment Act, 1888, Officers — See Municipal Officers. Offices - Tp hj ptovid.sd for Courts of Justice , , OMNXBv.-:yES — Licensincr ■ f By-lawd for regulating and licensing. ,.'.'.'.','.*.'.''.'.' Ontario Municipai-ities Fund See Invest?! ''.nt. 92 39 40 50 51 63 63 63 63 74 74 74 74 74 75 76 80 88 88 88 102 120 120 131 131 131 13. 131 132 137 137 (S3 225 254 25.i=» 143 136 186 ^- 366 INDEX. }, OttNAMBNTAL TkEEM — PaOE. By-laws respecting 152 " for preventing destroying of 163 Orphans — Aid may be granted to, of persons killed at fires 174 Ovens — By-laws for regulating I74 Regulations of Police Villages respecting. . 253 Overseers of Highways — By-laws for appointment and removal of 148 Parks — By-laws for acquiring property for and managing 184 " for selling when no longer required 184 Parry Sound — See Algoma. Party Walls — By-laws for regulating the erection of 175 Pedlars— By-laws for regulating and licensing 169 Penalties — See Offences and Penalties. Piggeries — By-laws for preventing or regulating 165 Pipes— » Regulations of Police Villages respecting smoking of 253 Places of Worship — May be assessed for local improvements in certain cases 242 Police— In Cities and Towns having Police Commissioners, shall consist of chief con- stable, and as many constables and officers as Council deems necessary 138 Not to be less in number than the Board reports to be necessary 138 Not to affect any special Act 138 To hold office .at pleasure of Board 138 Oath of office, f7 Page Board of, constituted for every Citv Council of Town may constitute Board 136 whot'brs;S':f^""' ^"' ''"^^-^^^ --^« p--'of board: : : : ; ; : I?, Sr&?rSi£^::^r"^^^^^^^ m P^:^rS^^i^X''^'''' ""'^^^ ««-^«^*-o-^ed by Board: y- ]^ Shall make by-laws for such purpose. 137 Mav bf'T ^'! ^ ^^ a"thenticat;dand proved: ' ]^l May be enforced by penalties IW llow penalties recovered 137 -B „ 138 IroucB Court — To be held daily in Cities and Towns .... Who shall preside 135 Clerk may be appointed. . . . 135 Otherwise Municipal Clerk io peVfOTm" duties of"cierk :;:;:': J^® Police Mi\oi,sTRATE— In Cities and Towns to hold Court daily i'rovision in case of absence of ..".*.".". 1^5 Police Office— ^^ One to bo established in every City and Town Police Villages— Existing, continued 135 Trustees 248 Exi:ting trustees continued To be three in number 249 Who qualified to be 249 Term of office : : : : 249 Vacancies, how filled 251 Inspecting trustee may be appo'inted V. 251 lo take oaths of office and qualification 252 Penalty for refusal 252 When first meeting to be held 88 K:C;ol;°iS^f a"tC'°"°'' °""- ■■■■■■■■'■■'■ '■■■■■''■■::■■ ^ ^ 257 Electors. Qualiiir.-ition ci' JUlection. Place for holding Not to be held in tavern ::..::": Nomination . . wi;:t ^rSLS"!''"':*"" '"?' '"^:« ^'"^'^^ ^'^^ • • • • ■ • • • ••■■'■■■■■ Proceedings at . . . • 249 250 250 260 250 250 250 ^^ If 368 INDKX. • Police VihtAOEs— Continued. Paqk. PoU. Time and place of holding 250 Notice of peraona proposed to be posted up ...... "... . . . . . . . . 250 List of voters to be furnished by Township Clerk .'..." ......... . . . . 250 Proceedings at 251 Returning Officer to have casting vote . .. .... . . . '. 251 Powers of Returning and Deputy Returning Officers . . . .......... 251 Ballot boxes to be returned to Township Clerk .......!!!!!!!! 251 RegulatioH.i. For providing ladders to houses 263 " fire buckets ....!.!! 253 Ovens and furnaces, how to be constructed 253 Stovepipes not to be passed through wooden floors except with space of ifour inches 253 Lights in stables, etc., to be properly enclosed 263 Lighted pipes and cigars persons not enter stables, etc., with ....'. . . . 263 Fires in wooden buildings to be properly protected , . 253 Fire carried through streets, etc. , to be properly protected ...'''....... 263 Not to be lighted in streets 264 Hay, straw and fodder not to be placed in dwelling house 254 Ashes, lime, etc., how to be kept 254 Charcoal furnaces not to be erected 254 Gunpowder, how to be kept 254 Not to be sold at night 254 Nuisances prohibited 254 Penalties for default ; ....... .253 254 Who to sue for ' 254 Before whom, and mode of recovery 255 Prosecutions for, to be commenced within ten days after offence com- mitted 256 Poll — See By-Laws, Elections, and Police Village, PoLLiNO Places — By-laws for establishing i^tr Polling SuBDividioNs — By-laws for dividing Municipality into I57 Poor Persons — By-laws for aiding j5q Portable Steam Engines — See MuNciPAL Amendment Act, 1888. Posse Comitatus — Mayor may call out when 14(j Pound Keepers — By-laws for appointment and removal of 148 Pounds— By-laws respecting jg^ -up INDEX. Prisoners— Expenses of conveying to Gaol and Lock- Prjvy Vacms— By-laws for preventing or regulating u i?^ '■^g">.*"»g the construction of! '.' ■ r or draining of Production of Doooments— By Municipal Clerk Professions — Regulation of, license fees Property — By laws for obtaining and disposing of for preventing the destroying of for acquiring for exhibitions, etc for selling when no longer required'. ." ." by Township for acquiring or erecting a Town' Hall" Provisions — By-laws for regulating sale of Provincial Treasurer— To retain moneys payable to Municipality in default of Provisional County— Name of See New Corporations' and Unions.' Public Buildings— By-lawa for regulating doors, etc., of PuBuc Pairs— By-laws for authorizing the holding of Purchase Money ?! l?i*^!'i ^^ Corporation, applicaticu of . . . . making returns lo be subject to same charges as th Qualification — ose to which property was subject 369 Paob 146 164 165 166 63 69 80 91 148 161 184 184 190 182 80 7 151 171 155 155 Of Members of Municipal Council. In case only oneT^T^Ztto^:^^^^^^ -" beyond that of an elector ^ '" *^^ Council.no qualification Persons disqualified [][ Persons exempted from serving Declaration of, form ^"'^l^Si™'' '^'^^'^^^ 'y^^' i^«P»^ i^e;e,'or CounoHioi: of And see Municipal Amendment Act, 1888. Of Electors. Freeholders Householders and tenants Income voters Farmers' Sons 24 31 31 31 31 86 87 33 33 33 33 370 IMDEX. QuALiFCATiON — Continv^. Paoe. Necessary amount of rating 34 Persons whose taxes are in arrear 34 Voters' name must appear in voters' list, except in case of new Municipality for which there is no assessment roll 34 If name so appears, no question of qualification to be raised at the poll .... 34 In new Municipailities in which there is no assessment roll 34 If owner and occupant be rated severally, both shall be deemed rated 35 When two or more are rated joiijtly, who to vote 35 In Police Village 249 Of trustees of Police Village 249 Quashing By-Laws — Notice of intention to apply to quash by-law for local improvements to be given to Clerk within ten days after final passing of the by-law 220 By-law valid if no notice given 220 If part quashed, the rest to be valid 220 If quashed wholly or in part, new assessment may be made 238 See By-Laws. Quays — Belonging to Dominion not to be interfered with without consent of Dominion Government 199 Quorum — See Municipal Council. Quo WARRANTO PROCEEDINGS — ' See Controverted Elections. Proceedings by, on member of Municipal Council omitting to vacate seat after forfeiture 66 l|i^ 164 Racing — By-laws for preventing Railways — By-laws for aiding by subscription for stock in, or lending money to, or guar- anteeing payment of money by 247 For guaranteeing payment of debentures by 247 For levying a rate for payment 247 For issuing debentuares in payment of 247 For granting bonuses to 247 Issuing debentures to meet bonuses , 247 Form of debentures 247 Assent of electors necessary 247 Head of Corporation to be a director ex officio in certain cases 247 By-laws for authorizing the building of railways or tramways on Corporation property 248 Provisions of Acts passed prior to 5th March, 1880, for grouping Munici- palities for granting aid to railways repealed 248 And see Municipal Amendment Act 1888. Rainy River— See Algoma. Rates — See By-laws, Finance, Yearly Rates. Re-count — See Electiosh. IHDEX. \ ^|.| R«BVB AND DbPUTY ReBVE— To be members of Countv Council • ^^''^^ ntTur"- ,'■'■ ^®P"*y Reeve .!'."*.; I ; 27 K",?;°;PS!i«^^^^^^ County, to be member '^AF^^i^Cou^:: f. May resign, when and how.' .'.'.' 39 •Kemuneration of . 66 ^z:^^^'t^i^^'^^'^^^^^ vii.^;:;:::::::;::;:::: ?5 ^. , " office ".' ' 86 before whom to be made 86 May administer oaths and declaration *.; 87 Rboistrar — Appointment of for junior County Registkation — See By-laws. 22 Of award if it relates to drainage works . . l>i debentures 125 Of by-laws changing names of "streets' ..!!'.'.!".'." " ^ 29 Regulations— ' ^''^ ^" rj^Vmag:' .^.°."". 'T;. .'"^^.. ^: ":-^« ^-^ -forced by Trustees of Remuneration — SZ";.'!!?°/n^„«.™*y-^ Township Council, 253 Of Treasurer Of Solicitor and Counsel gf^^^'^ybegiventoMunicipaioffice^afte^iw^n^yyears's^;;:^ Of gaoler . . Repairs — See Highways and Roads. Report — Annual, respecting finance, to be made to Lieutenant-Governor in CouncU Repeal — 77 77 88 81 88 89 138 143 Bixceptions from it>peal iways Reservoirs — By-laws for establishing, etc . RBSlGNATiaN OF CANDIDATE— See Elections. Returning Officers — See By-laws and ELEtirioNs 121 248 255 164 372 INDEX. I' ill m ItBTUUNS — PaOI Soe Bureau of Imdusthiks. Rewards — May bo offered for apprehension of oriminals 164 May be offered for conviction of persons guilty of horse stealing 168 May be granted to persons distinguishing themselves at fires 174 RlOINO — By-laws for regulating 181 " for preventing riding on cara, etc., by children 178 Riots — Interruption of elections by 69 Rivers — By-laws respecting 148 Road Commissioners — By-laws for appointment and removal of 148 RoAu Companies — By-laws for aiding 160 " for granting privileges to 203 Roads — By-laws for preventing obstructions to 176 What to be deemed highways 193 Freehold in Crown 19 ' Jurisdiction of Municipal Council over. . . , 194 Possession to be in Municipality 194 By-laws for acquiring land to widen 194 " for opening or stopping up and acquiring lands therefor 202 " " " " " " on raUway lands 2U2 " for selling certain road allowances 203 " for searching for and taking materials for repairing 203 When road substituted for original all <>w,uice without compensation, if person whose land is taken has land adjuining original road tillowance, to be en- titled to it 204 When person whose land is taken has no land adjoining original allowance . . 204 Possession of unopened to be deemed legal until by-law opening it 204 Person in possession to receive notice before passing of by-law 204 By-laws for aiding adjoining Municipalities to open and maintain roads, etc. 205 " granting aid to County for making new roads 205 " for stopping up and sale of road iCilowances 208 " for openmg and altering 208 " by County for aiding Municipalities within County in making, etc . . 209 " for requiring the opening or repair of County roads in local Munici- palities 209 " by Townships for aiding County and adjoining County in making, etc. 209 In incorporated Village or Handet original road allowance may be stopped up and sold 211 When and how 211 When Village or Hamlet in two Townships 211 Earth obtained in making local improvements may be spread on roads 227 And paid out of general funds of Municipality 227 On making ditches along road allowances the road may be made and paid for out of general funds of the municipality 227 &ee Highways. And see Mdnicipal Amendmemt Act, 1888. iS£v INDEX. 373 Road Surveyors — p By- Laws for appointment and removal of 14g RontTBs — May be sent to Hoiiiiu of Oorroction 143 RaNNRRS— By-laws for regulating jgg Salaries — See Remuneration. Sano — By-laws for preserving or selling, on road allowanc 203 Schools — Loans may be made to school trustees 120 Aid may bo granted to poor school sections 120 By-laws for obtaining property for use of ....."....,.... 159 " for fiU[)port of ....!.... 159 " for (. iniriiig lands for aiding High Schools. ...!!.'...!..!!" " ' 171 And see ' nicipal Amendment Act, 1888. ScnOLARSHIPS — By-laws foi ondowment.of 171 Scrutiny — After voting on by-lawa, may be obtained on petition to County Judge . 102 Proceedings _ ' ' " jqq ScuTTLE.s IN Roof — By-laws to compel the erection of I75 Sbcrbsv — To be maintained at Elections g^ " at voting on by-laws 102 Security — Bonds of guarantee oompanies may bo accepted 89 Separation of, of counties, etc. See Unions. Sewkks and Seweraoe — By-laws respecting l^g " for opening, making, etc .....'.'..."..".".......... 151 for making regulations respecting .............'. 176 for charging rent for ' ,[]]][/ 177 for acquiring land in another ftiunicipality for purposes of . ... . '. '. . . '. 178 Sheriff — Writs for new elections to be issued to, when 73 Duties of, on receipt of writ of execution against a Municipal Corporation '. '. 133 io receive into the Gaol and House of Correction persons committed from City or Town j^j To have cave of Gaol 143 And appoiutnunt of keepers ."."......'.'."..'..*.. '. 143 Appointment and dismissal of keepers to be subject to approval of Lieutenant-Governor I43 ] .^0 1 «*^ r\ .lu ^^.r. IMAGE FVALUATiON TEST TARGET (MT-3) i(f ."^L^ 10 ^ 1.0 I.I 1^12^ IIIII25 ■ 50 ""^~ ■^ ■•'A 2.2 . niU^4.. .I^ii .■w-vl^ir-i Sciences Coiporation « ^ Li>^ \\ > -^^ q\ u- 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ 4r I 1-. 5\ if ^*t '*** INDEX. Shingles — Short title of Act., rr. 183 Shows— By-laws respecting Sidewalks — By-laws for preventing driving on . . . , ^- T>^ J. ''''■'^"loving snow, etc., from... ]li Pnvate owners may be permitted to make and improve: ". '. '. ". ; ; ; [ '. ] [ [; [ [ [ [ [ [ ^? SlONS — By-laws for preventing the destroying of ^gg Sinking Fund Account- To be kept Sinks- •' •• ^^® By-laws for regulating the construction of jgg , Slauohteb HonsEs— By-laws for preventing or regulating Si,EiGH8, Width of— See Municipal Amendment Act, 1888. Slips — By-laws respecting Smoke — By-laws to compel the consumption of Snow— By-laws to compel the removal of Snow Fences— By-laws respecting Snow Roads— ^^^ By-laws for keeping double tracks open in „«„ ^ 209 Special CoNSTASiEs- See Elections. Special Meetings See Municipal Council. Special Rate Account— T(. be kept a ^ 116 Special Tax— Prohibited Squares — See Streets. Stairs — By-laws for regulating the size and structure of, in public buildings 151 INDBX. 375 Stattjt? Laboub — ' Paob. By-laws for commuting 189 " for regulating and enforcing 190 " for measuring or reducing number of days of, or abolishing 190 Stbam Enqinbs, Portablb — See Municipal Amendment Act, 1888. Stone — By-laws for preserving or selling on road allowances 203 Stovepipes — Regulations of Police Villages respecting 263 Stoves — By-laws for regulating 174 Steeams — By-laws for preventing and removing obstructions 192 " levying expense of clearing obstructions 192 " imposing penalties for obstructions 192 Wlien streams cleared to town-line of another Township, notice may be given and that Township shall clear it within six months 192 See Local Improvements. and see Municipal Amendment Act 1888. Streets — By-laws to prevent throwing of dirt, etc. , into 162 " for clearing of 176 " " preventing obstructions to 175 " " naming and changing names of 176 By-law changing name to be registered . . 177 " for regulating the user of. 178 " " " sale of articles in 182 Possession of in Municipality 194 By-laws for granting aid to adjoining Municipality to open and maintain . . 205 Earth obtained in making local improvements may be spread on 227 And paid for out of the general funds of the Municipality 227 By-laws for sweeping, lighting, watering 243 Summary Beliep — For non-compliance with by-laws 164 Surgeons op Gaol — By-laws for appointment of 169 Surplus — See PiNAKOE. SURViifOB — By-laws for appointing one for Corporation 186 Surveys — By-laws for providing for 166 Oosts of 167 Swearing — ,, By-laws for preventing 164 f'*;» '• t .. "I I'l V ^' " INnEX. SWIKE — By-lawB for preventing or reguUting the keeping of ' ^^ Tainted Provisions— ' By-lawa for seizing and destroying Tanneries — By-laws for preventing or regulating _ 166 Tax— Special, prohibited 91 Taxes — _^ Assessments for year preceding dissolution of unions. . „. Lolleotion of special rates after such dissolution „T tlon^dT'.'"'!^!"*^.^'.'"";^^'"'^ Tre'asureronorbefVre-n^mina. '* Copies may be obtained.! ^ ' SiZ^T"""'"^ "■"*" »">°i»™noi paid iUs iaxi. Wfare 'iitt ^ Telegraph Poles— By-laws for regulating erection and maintenance of ^^g Tender op Amends— Council may niak., on claim being made or action brought i06 13? Thunder Bay— ...... See Algoma. Time— liolidays excluded in computing, when Timber— By-laws for preventing the obstruction of streams by , no preserving or selling on road aUowances ...■.■.:::;:;::;;: 203 Tires— • By-laws for regulating the width of Tolls- • ^^^ By-laws for raising mcney by, on bridges, roads, etc nnp for grantmg the right to collect for not longer than twenty-one years S Toronto — Appointment of auditors in city of Vacancies provided for [ ^ Provisions relating to audit. ............" ^ Town Hall— Township may acquire or rent in Town or ViUage i an V.+,-. and other meetings may be held at.^. .[ .'.'. }Z JN otices may be posted at. 190 ™ 190 Towns— sT^^'i^t'^Jo^^^^'''''''^'''^''^^^^^^-^^^^' 144 TowMSHipg — See New Corporations. ^^°^ Trades — By-laws for fixing Ucenae fees for exercising Tramways — "' ^•'• By-laws for authorizing building of Tr.\n8ient Tradbrs— ^^ ^l'}^^^ t"" "<=«°8ing and regulating ... And see Municipal Amendment Act 1888. 169 Traveuers — By-laws for preventing importuning Treasurer— ^^^ See Municipal Officers. Trees — By-laws respecting "^ for encouraging the plknting of". 152 for clearing highwaysof. . . 7 ".V.". 163 Trustees— "^ Of Police Village See Schools. 249 Undue Influence — See Corrupt Practices. Unions — Of Counties. Seniority of, how regulated. . Application of laws to. . . 20 Provisional separation of'.'.'. 20 SripSS'"' "^"'^'^'^ "'^^^^■«- -dp;operty' of 'union'; .•.'::: f. Debentures of County interested to be issued ^ITfn w a-I'--';: 189 separate Municipality. *"^ *° ^^^ '* ^ »f it were a 189 Of Tovmships. See New Corporations- Unmarried Women May vote on by-laws if qualified. , Unusual Noises— ^ By-laws for preventing.. Vacant Lots — 1^^ By-laws for the enclosure of for the clearing, drain'ingj'e'tc.V of. '.*.','.* .'.*.'.*." ^"^^ Vagabonds— ' ' ^"^^ May be sent to House of Correction 143 878 INDJX VAOKANTa — Fa«b. It . ¥. May be sent to House of Correction 142 " " oflndustay 142 By-laws for restraining and punishing 104 Valuatoes — Appointment of 83 Veqetablbs — By-laws respecting sale of '. 182 . Vbhiclks — By-laws for regulating and licensing 186 Vbssbls — By-laws for regulating, in harbours 148 Vice — By-laws for preventing 164 VlCTCALLmO Hovsxs — By-laws for limiting and regulating 169 " for licensing 159 Villages — Unincorporated, setting aparc 10 By-laws for stopping up and sale of original road allo\^anee8 in 211 See New Corporations. « Voters' and Defaulters' Lists — See Electioks. Voters — See Elsctions. Votes — To be by ballot 45 Counting of . , 56 Re-count 60 Warden — One of the Reeves or Deputy Reeves to be. . . 26 May resign, when 66 Election of 76 ho to preside at 76 Who to have casting vote 76 Remuneration of 77 May and when, shall call speoirJ meeting of Council 78 To be head of County and provisional County 79 To be a Justice of the Peace ex officio , 130 After having taken declarations of qualification and office no othor dcM^aration necessary as Justice ..., 130 Wards — New division of Cities and Towns into , 14 Existing wards on dissolution of union of Township to cease 37 Division of Townships into 37 Walks — By-laws for acquiring property for and managing 184 " for selling when no longer required 184 " for acquiring , 184 V 379 Watbb — By-laws respecting ■taob Council may contract for supply of ^^ By-laws for permitting laying down of'pipis! ! ]ll for aiding water companies ; i^ Assent of electors required. . ' ' ^^^ Head of Corporation to be a director in '.i^mpkny hi 'c;^' ia.^^ V.V;.;. ! ! ! ! }S Water Couesbs— By-laws for openining, making, etc. . By-laws to prevent obstructions to, etc. . . .■".■.'.■. " ;Vo ,^ See Local Impovemrnts. ■^"^i ^"2 Water Wobks — May be exempted from taxation By-laws for construction of ^1* "Assent^TeTeSr?,^!;?^^''^'^"^ special ^te" for' payiient •;:::: ] ig Estimates, etc., to be published }^ To be passed within three months after 'jitili * ' Jff No^riffir °*^^' ^ ^f submitted within* ike oumnt 'yew m -Not to affect provisions of any special Act .. ^ t^ Not to collect water rates until this "be" done ".'.'" }^ Differences to be referred to arbitration .... , XX „, loO WAX Work Exhibitions— By-laws for preventing or regulating and licensing jgg Weeds — By-laws to prevent growth of Wells — " " By-laws for establishing public wells Wet Lands — •••••• Council may purchase, drain and dispose of Wharves — By-law3 relating to Wheels— By-laws for regulating the width of Widows — May vote on by-laws if qualified ... Aid may be granted to, of persons killed at fires '.'.'.'.'.'.".'■■.■ .* ,^ Witnesses — Bound to attend on Judge's order. . Not excused from answering on g^'unds' of " Mlf-c'ri^ation It Such answer not to be used against witness. H On prosecutions for offences against by-laws-1 ' ° Complainant competent witness. . Also wife or husband ........*..' ^^^ Compellable to give evidence ^^^ Ratepayers, municipal officers, etc', not iiiccmpetent' iritn^wM ]ll SuaSy apprehension of persons &ty of hor'steaUng* not to '"' 168 880 INDKZ. m it i 1' i Women (TJmmarribd)— May vote on by-laws if qyidified Wood — By-laws for regulating the mode of measuring, etc WooDBN Buildings — By-laws for regulating the erection of WooDBN Fbnoes-^ By-laws for regulating or preventing the erection of Works — By-laws for entering into municipal work jointly with another Municipality. WOKKHOUSE — Council of City and Town may establish _ M%y pass by-laws to regulate the government of. Who may be committed to By whom may be committed Yards — By-laws for cleaning, draining, etc . Yearly Bates — See By-Laws Page. 96 183 174 174 205 142 142 142 142 166 114 m m ' • Page. 96 183 174 174 oipality. 205 142 142 142 142 165 114 m I .'