^^ EMAGE EVALUATION TEST TARGET (MT-3) 1.0 l.l 1.25 |50 '"^ IM 1.8 U IIIIII.6 v] / Photographic ociences Corporation 23 WEST MAIN STR2ET WEBSTER, N.Y. 14580 (716) 872-4503 ^^ "% V ^ \ \ iw ^'^I^^ .^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Mseco?»ite^its, 8. 481. Part VII.— Powers of Municipal Councils. Title I. Powers Qenerally. Division I. Counties, Townships, Cities, Towns, and Incor- ,, porated Villages, ss. 482-489. II. Townships, Cities, Towns, and Incorporated Vil- lages, ss. 490-493. III. Counties and Cities, s. 494. IV. Counties, Cities, Sep. Towns, s. 495. V. Cities Towns, and Incorporated Villages, ss. 496- oOo. Division (I II II It II 40 Vic. 1882-3. MITNICTPAL INSTITUTIONS. Chap. 18. Division VI. Cities, Towiir, rr. .'j04-.')n8. " Vll. Townships, Tdwiis and Villages, 8. 509. " VII r. Towns and Incorporated Villuyea, 8. 510. JX. Counties, bs. 51 1-520. (» X. Townships, ss. 521-523. Title II. Powem as to Iliglnvayt and Bridget . Division I. General ProviHions, ss. .524-549. " II. Counties, Townships, Citio^f, Towns, and Iq- corporated Villayos, ss. 5r)()-554. III. Townships, Cities, Towns, luul Incorporated Villa>,'es, ss. 555-5G4. IV. Counties, s. 505. V. Townships, ss. 5G6-5C9. u II 11 Title III. Powers na to Drainage and other Improvements paid for by Local Hates. Division I. Townsliips, Cities, Towns, and Villages, ss. 57U-011. ** II. Cities, Towns, and Incorporated Villages, ss. G12-G24. •• III. Counties, ss. G25-G27. Title IV. Powers as to Railways, ss. 028-031. Pakt VIII.— Police Villaoks. Division I. Formation of, s". <'>:$2, 033. •• II. Trustees, and EUction of, ss. 034-054. " in. Duties of Police Trustees, ss. 055-GG5. CoNFIRMINCr AND SaVI.VO ClAUSKS, 88. G0G-OG8. HER M.'VJESTY, by and wifcli tlio advice and consent of the Legislative Assembly of tlie Province of Ontario, enacts as follows : — PRELIMINARY. I. This Act may be cited asj' The Consolidated Maniclpal short title // / '2. Unless otherwise dlfclared or indicated by the context, interpretation wherever any of the following words occur in this Act, they of words, shall have tlie meanings litreinafter expressed, namely : (1) "Municipalii.y," shall mean any locality the inhabitants "Munici- of which are_iricor|)orated or are continued, or become P'^'ity-" so under this Act ; (2) "LacaJ Municipality," shall mean a City, Town, Town- "Local muni- ship, or incorporated Village ; cipaiity." (3) "Council," shall mean the Municipal Council or Provi- "CounciL" sional J\lunicipal Council, as the case may be ; (4) " County," shall mean County, Union of Counties or " County." United Counties, or Provisional County, as the case may (5) be, 4 " Township." " County Town." "Laml." "Ilenl ((State." " Ileal pro- perty." " Hih'lnvay." " Rouorati(ms continued. Heads, officers, by-laws, con- tracts, etc., continued. TITLE I.— INCORPORATION.— fifecs. 3-8. 3. The inhabitants of every County, City, Town, Village, Township, Union of Counties, and Union of Town.ships incor- porated at the time this Act takes etiect, shall continue to be a body corporate, with the municipal boundaries of every such Corporation respectively then established. R. S. 0. c. 174, s. 3. (3G V. c. 48, ,s. 2.) 4. The head and members of the Council, and the officers, by-laws, contracts, property, assets and liabilities of every Municipal Corporation, when this Act takes effect, shall be deemed the head and members of the Council, and the officers, by-laws, contracts, property, assets and liabilities of such Cor- poration, as continued under and subject to the provisions of this Act. R. S. 0. c. 174, s. 4. (3G V. c. 48, s. 3.) 5. 1882-3. M UN IC I PAL I NSTIT UTION.S. Chap. 18. 5. The namo of evory liody corporate (not being a provisional Nivin«K of corporation) continued, oi' erocteil under this Act, shall be corponubn*. " The Govpordt'ton of the Goiintu, Git]), Town, Villiuje, Town- »hi/), or United GounfirH, or Unifi'd Toivn^hlpH, (as the case may bo) of " (naming the .same). R, S. (). c. 174, s. .'). (."JG V. c. 48, .s. 4.) 6. The iiihaV)itants of evory Junior County, upon a Provi- Nauiea of sional Coujicil beiiij; or havinS. 0. c. 174, s. 8. (3G exercised h; V. c. 48, ,s. 7.) couuuils. TITLE II.— NEW CORPORATIONS. DiV. I. — ViLlwVCES. ])[v. II. — Towns and Cities. Div. III. — Townships. Div. IV. — Counties. Div. V. — Provisional Countv Corporations. Div. VI. — Matters c:onse(^uent upon the Formation of New Corporations. Division I. — Villages. When a Village may be incorporated. Sec. 9. Restrictions as to area of Towns and Villages. Sec. 10. Arrangements with respect to assets and debts of Townshi2)S. Sec. 11. Case of Village partly in tivo Gounties provided for. Sec. 12. Arrangement as to debts ivhen Village transferred from one County to another. Sec. 13. Additions 6 Chap. 18. MUNICIPAL INSTITUTIONS. 40 Vic. Additions to area. Sfc, 14. , licdacfions of (irea. Sec. 15. _ %r - ' Anni'Mitlon of im-orpovated V'dlajc to adjoinimj Mamci- jKditjj. Six. 10. . When i)„|m- J). When tho censu.s returns of an unincorporatod Villafjfo, oouMtv''^mcil with its immediate noi^dibourhoo.!. taken iin.ler tho .liiection limy i'ncor- of tlie Council or Councils of tlic tH>untv or Coutities in which vilS."'ana ^'i« Vllla,-,'e and its nrii^dibouriiood are" situate, shew that tho mil le'iW for same contain over IM inhahitants, aiul when tho residences of first ..Kction y^^.], i„li,ii,itaiits are sutHciently near to foi'iu an incorporated ami 11 ri turn- ,,.,, , . . , -^ , , ,, ,,.,. • i i. i'„,.,. ii.K-.Hker. Villa<,'e, then, on petition l.y not less than 100 resident tiee- liohlei-s and householders of the Villa;,'t! and n<'i<,di hour hood, of whom not fewer than one-half shall l)e freeholders, the Council or Councils cf the County or ( "ounties in whicli the Villa^'e and neighbourhood arc situate shall, by l»y-la\v, erect the ViUago and nei((/t) 10. No Town or Village incorporated after the passing of this Act, the population of which does not exceed 1000 souls, shall extrnd over or occupy within the limits of the incor- poration an area of ir, ore than 500 acres of land, (2) No Town or Village already or hereafter incorporated, and containing a population exceeding lOCO souls, shall make any further addition to its limits or area, except in tlie proportion of not more than 200 acres for each additional 1000 souls, sub- sequent to the first 1000. (3) In the case of all Towns or Villages now incorporated, whenever the area thereof exceeds the i)roportionate limit above prescribed, to wit, in all cases where the area exceeds the pro- portion of oOO acres for the lirst 1000 souls, and 200 acres for each subsequent additional 1000, then in all such cases the said Towns or Villages shall not be permitted to make any further addition to their limits until their population has i-eached such a proportion to their present area. (4) But in all cases, the persons then actually inhabiting the land about to be included within the limits of any Town or Village, may, for the purpose of such extension, be held and reckoned as among the inhabitants of such Town or Village ; and the land occupied by streets or public squares may be ex- cluded in estimating the area of such Town or Village. R. S. 0. c. 174, s. 10. (30 V. c. 48, s. 8, last part) 11. In all cases where an incorporated Villase is separated from the Township or Townships in which it is situate, the pio- visions Area of town or villa(je limited. llegiilations as to enlargement of area. Existing towns or vil- lages, area of which exceeds proiiortionate limit, not to'ie enlarged. How popula- tion ami area may be reckoned. Disposition of property and payment of 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. When tlie vil- liiK't' liiM within twi) nr iiiDro enmities, it "liivll \>e an- iK'xeil t" one of tlieiii by the c'iMinty coun- cils (ir, in nine (if difference, liy the Lieut.- ( Ji)venipri-.Gu in the Village are in ditierent 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 of a proclamation under this section agree, as to the pro- portions in which the share of the County debt, which is refer- able to such Village, shall be borne by the several Counties, the same shall be determined by arbitration under this Act. (G) Where part of the said Village is to be attached to a City or Town separated from the County for Municipal purposes, such separated City or Town shall be deemed a County within the meaning of the next preceding sub-section. New. Division 10 Chap. 18. MUNICIPAL INSTITUTIONS. Division II. — Towns and Cities. 46 Vic. Census of towns and villages. Town contain- ing over 15,000 inhabitants may be erecteil into a city ; and villivge containing over 2,000 into a town. Notice to be given. Census returns to be certified, and publica- tion 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. Toions and Cities, how formed, and limits. Sees. 17-19. Restrictions as to area of I'otvns. Sec. 10. Wards and additions to area. Sees. 20-22. Annexation of incorporated Villanes or Towns to adjacent Villages, Totuns, or Cities. Sec. 23. Collection of arrears of taxes in new Towns. Sec. 24. _ Towns, how loithdrawn from ((ad re-united to Jurisdiction of County. Sees. 25-20. 17. A census of any Town or incorporated Village may at any time be taken under the authority of a by-law of the Coun- cil" thereof. R. S. 0. e. 174, s. 1(). (30 V. c. 48, s. 14.) 18. In case it appears by the census return taken under any such by-law, or under any statute, that a Town contains over 1.5,000 inhabitants, the Town may be erected into a City ; and in case it appears by the return that an incorporated Village contains over 2000 inhabitants, the Village may be erected into a Town ; but the change shall be made by means of and sub- ject to the following proceedings and conditions : — (1) The Council of the Town or Village shall, for three months after the census return, insert a notice in some news- paper published in the Town or Village, or, if no newspaper is published therein, then the Council shall, for three months, post up a notice in four of the most public places in the Town or Village, and insert the same in a newspaper published in the County Town of the County in which the Town or Village is situate, or if there is no such newspaper, then in the news- paper prblished nearest to the said Town or Village, setting forth in the notice the intention of the Council to apply for the erection of the Town into a City, or of the Village into a Town, and stating the limits intended to be included therein ; (2) The Council of the Town or Village shall cause the census returns to be certified to the Lieutenant-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 Lieutenant-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 new City, or in case of disagreement the same shall 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 11 and upon Town may be - • made a city liy proclamation. shall be determined by arbitration under this Act -_ lua.leaoitvi.y the Council proving to the Lieutenant-Governor in Council the payment, agreement or arbitration, then the Lieutenant-Gover- nor may, by proclamation, erect the Town into a City, by a name to be given thereto in the proclamation. R. S. 0. c. 174, s. 17. (3U V. c. 48, s. 15.) 19. The Lieutenant-Governor may include in the new Town Limits ,.f such or City such portions of any Township or Townships adjacent [.Yt'^' *'"'" '"" 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. E,. S. 0. c. 174, s. 18. (3G V. c. 48, s. IG.) 20. The Lieutenant-Governor may divide the new Town or Wards. City into Wards, with appropriate nam(^s and boundaries, but no Town shall have less than three Wards, and no Ward in any such Town or City less than 500 inhabitants. R. S. 0, c. 174, s. 10. (30 V. c. 48, s. 17.) 2 I In case two-thirds of the members of the Council of a New division City or Town do, in Council, before the tifteenth day of July ^Z^Zl"" in any year, pass a resolution affirming the expediency of a towns. new division into Wards being made of the City or Town,_or of a part of the same, either within the 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, by proclamation, divide the City or Town or such part thereof into Wards, as may seem expedient, and may Extension of add to the City or Town any part of the adjacent Township '^'ty ""- to^'n. or Townships which the Lieutenant-Governor in Council, on the grounds aforesaid, considers it desirable to attach thereto. R. S. 0. c. 174, s. 20. (30 V. c. 48, s. 18.) 33. In case any tract of land so attached to the Town or wiiereiand City belonged to another County, the same shall thenceforward t^*^^";;'",;, Tbe- for all purposes cease to belong to such other County, and shall longed to .an- belong to the .same County as the rest of the Town or City, other county. R. S. O. c. 174, s. 21 . (30 V. c. 48, s. 19.) 33. In case the members of the Council of any incorporated Annexation^^^ Village or Town pass a resolution afhrming the expediency ot villages or the annexation of such Village or Town to an adjacent Village, t^;;'^"^[|;,'j;'f " Town or City, and the Municipal Council of such last-mentioned t,,^,,, ^^ cities Village, Town or City, pass a similar resolution, and in case the by proclama- electors of such tirst-mentioned Village or Town adopt a by- '""• law to be submitted to them approving of such annexation, the Lieutenant-Governor in Counci' may, by proclamation, annex one 12 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. one Municipality to the other, upon such terms as may have been agreed upon by the Councils, or as may have been deter- mined "by arbitration, in case the Councils resolve to have the terms settled by arbitration. (2) Subject to any variations made by the terms agreed upon or settled "in manner aforesaid, the Municipality annexed to the other shall be subject to the provisions of tliis Act having re- gard to the annexation of territory to a Village, Town or City. (.'}) In case the population admits thereof, the Lieutenant- Governor may, by the same proclamation, erect the Village or Town to which the addition is made, into a Town or City, by a name to be given thereto in the proclamation, and may divide or re-divide the City, Town or Village into Wards. Neiv. Collection of '^^^ Upon the incorporation of any new Town, in any County, arre.ars of the County Truiisurcr sliall make out a list of all arrears of lan.Tinchu'led ^^'^es then due and unpaid in his books upon lands situate in in a new town, the newly incorporated Town, and transmit the same to the Treasurer of the Town, who, after receipt of said list, shall have, with the Mayttr, all the powers possessed by the County Treas- urer and Wai'den for the collection of such taxes and for enforcement of the same by sale ; but in such list the County Treasurer shall not include any lot then advertised for sale for taxes. 44 V. c. 25, s. 11. Town maybe 35. The Council of any Town may pass a by-law to with- withdrawn Jraw the Town from the jurisdiction of the Council of the from jmisdic- ,, ..i • ^ • ^ ^ "'n • -L L \ 1 i • • tion of county bounty withni which the lown is situated, upon ol)taining cJrtiun TOiuli ^^^^ assent of the electors of the Town to the by-law in tion'a. manner provided by this Act, subject to the following pro- visions and conditions : — Amount to be paid by town to county for expenses of administra- tion of justice to be settled by agreement or arbitration. Matters to be considered in settling the same. (1) After the final passing of the by-law, the amount which the Town is to pay to the County for the expenses of the ad- ministration of justice, the use of the Gaol, and the erection and repairs of the Registry OfHce, and for ])roviding books for the same, and for services for which the County is liable, as required by and under the provisions of any Act respecting the registration of instruments relating to lands, as well as for the then existing debt of the County, if not mutually agreed upon, shall be ascertained by arbitration under this Act ; and the agreement or award shall distinguish the amount to be armually paid for the .said expenses, and for the then debt of the County, and the number of years the payments for the debt are to be continued ; (2) In adjusting their award, the arbitrators shall, among other things, take into consideration the amount previously paid by the Town, or which the Town is then liable to pay, for the construction of roads or bridges by the County without the limits of the Town ; and also what the County has paid, or is liable to pay, for the construction of roads or bridges within 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 13 in within the town ; and they shall also ascertain and allow to the Town the value of its interest in all County proi)erty, except roads and bridges within the town ; C.i) When the a'Tcement or award has been made, a copy of Copy of a^'-ee- ., in.ii 1 11 -'ii ii!i 'i-iill iiient or award the same, and oi the by-law, duly verined by athdavit, sliall be t,, i,,- sent to transmitted to the Lieutenant-Governor, who shall thereupon the Lt.-ciuv. issue his proclamation, withdrawing the Town from the juris- rroclamation. diction of the Council of the County ; (4) After the proclamation has been issued, the offices of Kfft'>'t of siuh Reeve and Deputy Reeve or Deputy Reeves of the Town shall i»"cla.nati.m. cease ; and no by-law of the Council of the County thereafter made shall have any force in the Town, except so far as relates to the care of the Court House and Gaol, ami other County property in the Town ; and the Town shall not thereafter be liable to the County for, or be obliged to pay to the County, or into the County"^ treasury any money for County debts or other puri)oses, exce])t such sums as may be agreed upon or aw^arded as aforesaid ; (5) After the lapse of five years from the time of agree- Xew a^'ree- ment or award, or such shorter time as may be stated in the l^'f^'fl^.e""""'^ ao"reement or award, a new agreement or a new award may be years. made, to ascertain the amount to bo paid by the Town to the County for the expenses of the administration of Justice, the use of the Gaol, erection and repairs of the Registry Ofiice or offices, the providing books for the same, and for services for which the County is liable, as required by and under the pro- visions of any Act respecting the registration of instruments relating to lands ; (G) After the withdrawal of a Town from the County all Property after property theretofore owned by the County, except roads and withdrawal, bridges within the Town, shall remain the property of the County. R. S. O. c. 174., s. 22. {3G V. c. 48, s. 20.) 36. The Council of any Town which has withdrawn from a Xown may County, or Union of Counties, may, after the expiration of five after five years years "from such withdrawal, pass a by-law (to be assented to ,i,''i\val pass by the electors in manner provided for by this Act in respect by-law for re- of by-laws for creating debts) to re-unite with such County coimtyT' or Union of Counties. (2) The said by-law shall have no effect unless ratified and By-law to confirmed by the Council of the County or Union of Couiities, Jj;^^[[' '^l^'^^^^^ct from which the said Town lunl previously withdrawn, within i,y coulicil of six months after the passing of the said by-law, and unless the comity, etc. terms and conditions which the Town shall pay, perform, or be subject to, have been previously agreed upon or settled in manner following, that is to nay : — (3) Before the said by-law is confirmed by the Council of the Before by-law County, the Councils of the Town and County shall deter- ™^|||j'|^'j.'g J;^** mine by agreement the amounts of the debts of the Town and the debts of County town and 14 Chap. 18. MUNICIPAL INSTITUTIONS. 4G Vic. county renpec. County respectively which shall be paid or borne by f^^^ bounty lively shall be j . J^^ re-iuiion, or what amount shall he payable by a specia detera>u.d. ^^^^^ ^^ ^^ ^^ ^j^^ rate,.ayers ,.f the Town, over and above all other County rates, and all other matters relating to property, assets, or advantages -.nsequent upon such re-union, and as affecting the County or Town respectively, and such other teriMS or conditions ks appear just shall be settled by su' h acrreement ; and in default of such agreement bein- come to ^v;thin three m..nths after the passing of the by-law by the Council of the Town, the said matters shall be settled by arbi- tration, as provided by this Act. R. S. 0. c. 174, s. 23. {Sh V. c. 48, .s. 21.) Division III.— Townships. Townships, how (dtached to other MuincipalUies. Sec. 27. When Junior Towmhip may become a Separate Corpora- tion. /Sees. 2S, 29. Arrangement of joint assets^ and debts. ^ Sec. 30. JSeiv ToivmJup^— Union of. . Sees. :iO, 31. Seniority of Townships. Sec. 33. Effect of dUsolation of unison of Counties on united 1 otvn- sldps in different Coimties. Sec. 3+. Now township 37. In case a Township is laid out by the Crown in territory iii'v, ,11(1 limits formin'^ no part of an incorporated County, the Lieutenant- nlteT county Govcruor may, by proclamation, annex the Township, or two niivvbe or more of such Townships lying adjacent to one another, to cS'Ivpn,-any adjacent incorporated County, and erect the same into iin clamatioii. incorporated Union of Townships with some other Township of such County, li. S. O. c. 174, s. 24. (30 V. c. 48, s. 22.) .Junior town- 28. When a Junior Township of an incorporated Union of ship contain- Towuships has 100 resident freeholders and householders on ft.lSVetc!, the assessment roll as last hiially revised and passed, such Tovyn- niay be'sepa- gj^jp ahsW, upon the tirst day of January next after tlie passing rated from ^^ ^^^ ^YO\>er by-law in that behalf by the County Council, become separated from the Union. R. S. 0. c. 174, s. 2'). (30 V. c. 4», s. 23.) 21). In case a Junior Township has at least .50, but less than 100 resident freeholdeis and householders on the last revised assessment roll, and two-thirds of the resident free- holders and householders of the Township petition the Council of the County to separate the Township from the Union to which it belongs, and in case the Council considers the Township to be so situated, with reference to streams or other natural obstructions, that its inhabitants cannot con- veniently be united with the inhabitants of an adjoining Township for municipal purposes, the Council may, by by- law, In what cases junior town- shi]" contain- ing oO free- holders, etc., but less than 100, may be separated from union, 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 15 law, sejiarate the same from the Union ; and the by-law shall name the Retuining Officer v/ho is to hold, and the place for holding, the first election under the same. (2) In case two-thirds of the resident freeholders and house- and nttache;! holders of one or more Junior Townships petition the Council *;;„^\eiSiS"''' of the County to be separated from the Union to which they belong, and to be attached to some other adjoining Municipality, and in case said Council considers that tlie interest and con- venience of the iidiabitants of such Township or Townships would be promoted thereby, they may, by by-law, separate such Township or Townships from said Union, and attach them to some other ailioining Municipality. 11. S. 0. c. 174, s. 26. (3(3 V. c. 48, s. 24.) 30. After the dissolution of a Union of Townships, the Dinpositi-m of following shall be the disposition of the property of the Wjl.^ti;,;;''"" Union : of unions. (1) The real property of the Union situate in the Junior Real property. Township, shall become the property of the Junior Township ; (2) The real property of the Union situate in the reuuiining Township or Townships of the Union shall be the property of the remaining Township or Townships ; (3) The two Corporations shall be jointly interested in the other assets, other assets of the Union, and the same shall be retained by the one, or shall be Sef. 42. Arrangeineat of joint aHsetn and liahillties. Scs. 4.'}-4.5. Appointment of ojficiah. Sec. 4(i. Separation,, when complete. Sees. 47, 48. Effect of si'paratioa on judicial proceediu(jH. Sees. 40 -.')2, "and 2i)-;J0 V. col ,s% .j2, .").•}, .")5. 38. Where the census roturns taken under a statute, or under the authority of a by-law of tlie Council of any United Counties, shew tliat tlie Junior (yi)untv of tlie Union cojitaius 17,000 inhabitants or niore, then if a majority of the Reeves and Deputy Reeves of such County do, in the nujuth of February, pass a resolution afHrniing the expediency of the County beini^ s parated from the Union ; and if, in the month of February in the fo!lowin^• year, a majority of the Reeves and Deputy Reeves transmit to the Lieutenant-Governor in Council a petition for the separation, and if the Lieutenant-Cjovevnor deems the circumstances of the Junioi' County such as to c^dl for a separate establishment of Courts and other County insti- tutions, he may, by pi'oclamation setting forth those facts, con- stitute the Reeves and Day. Rt;eves in that County a Pi'o- visional Council, and in the pi'oclamation ai)point a time and place for the first meeting of the Council, and thei'ein name one of its members to preside at the meeting, and also therein deter- n.hie the place for a,nd the name of the County Town R. S. 0. c. 174, s. 35. (;3o V. c. 48, s. 34.) 39. The member so appointed .shall preside in the Council until a Provisional Warden has been elected by the Council from among the members thereof. R. S. 0. c. 174, 3. 3G. (30 V. c. 48, s. 35.) a 40. S(>|Piii'atii)n of iiiiitL'd cuun- tiu.i. Ai)])ointment liy DiMclivina- tinii of provi- sional council ill jiiiiiur uoiuity. Kiist meeting tliereof. County town. Who to pre- side. I 18 Chap. 18. 40 Vic. M 1 nil from time to tune by „„„„. 40. K-yjT\;^;iS'wif :^-:str^'- of',.rovW..«>'^i by-law apiunnt a i ly ^ ,,,^,.„,.j^ tor tlif V"""V.n u.^i.l nmcc *,';V„...i.».l by aw ;M'1 V' ;V,,!i,i,,,,,,l „IHco,-» lor ";, all l.-M "IK™ ■",. Every Provi.-.on.. C.,n„c« .»>,-;;;-;:; :^^^^^^^^^^^^^ =3'f^ .-^irfr^^e county ;.^^n..t ^t, l,.™. ar..;.t Ho.« anA..x.ct t'J '^^ , thereon, adapted to tut ^,^,j ve;,'ulati«»ns thereon gaol aiul^ao /nc - ^ ^,,tory or otii' I ' ^. ch pvir- aml court coufonuity With ^17'^ | ,„ay pass V)y-laws loi ''""^- respecting,' such l>'"l;l''^o'^'.j^" (i^d'v^. c. 4H. s. :57.) poses. 11.S.0.C. 174,H..J». *'"'• ^^•^•''' ■ "■ .. w<,„neil shall not interfere 4 2 The powers of a Provisional tou ^^^^^^ ^^^^^ ,^ Agreement upon lllHHolll- tion as to joint lialiilitiu^ ii"'^' joint assets. peauen. u-"^ -— ^ .^.,_ (^m) V. c. 4«, s- .*«•) Union. U. b. U. c. i* , necessary property an 1 e '.etc ^^^^^^ ^^^^ Senior county to ansiitne dobts of union. Junior county to 1)« charged witli just pro- portion. :lnce or amouut that n.ay ^^« f ;;,^ J ' and in d.terunntng etrocted by *c^ Urn >, ^^ ^^^^^^ ._^^„ ^„,„„„t. R. h. O. J (3(i V. c. 48. s. 31).) ■ • »l I Vmncil shall vote or take . 44 Nomemberof *%Pr\t":y„ ry ,ue»tion»atrcctir,S Whenprovi- **• \. +u„ Hnunci ot the U uion m .i>'y i „ u q c. 174, Tnal council- any part m tho ^o^'J^^ necrotiation theretor. R- b- ^• lors shall not .,,ch a^^rcement, or tUP iic„ vote. *''^X "<:3G V. c. 48,s. 40.) . ■ , 5. „c.et.>eO„„nelKwH.. determined by ^^i^-'"^ ,,. ^ssets, and proptii^, J ^^yje arbitration, to their (leDis, «« inty, and in re^»»iivti<»i\s i)r svich V'^if- not interfere ,1 any money unty simll i)e 'ouncil o£ the the necessary ,rs for a Court uf the Senior Muent for tiie .sitioTi of their jtt'rmining tl»e (bounty to the hi (lt;terniining .< sliall assume ,ochav-;c(lwith lue of the real property of the ly •unprovement in the exclusive R. S. O. c. IT-i, ,hall vote or take uestions affecting R. S. 0. c. 174, h after the period ermine by a<^ree- oned with respect matters shall be this Act, and the bounty the balance 1 County, and such amount 1882-3. MUNKJII'AI, INSTITUTIONS. Chap. is. 19 i amount shall hear interest at six per centum per anrnnu hum the (lay on which the Union is dissolved, and shall i)e provided for, I'ko other (l(d)tH, by the Council of the County liable tliere- for after Hcparation. R. S. O. c. 174, h. 42. (30 V.c. 4S,b. 41.) 40. After the sum, if any, to bo paid by the Junior County Appointment to the Senior or remaining; County or Counties lias been paid liul^rTtticialg. or ascertained by ai,'r(>eiuent or arbitration, a Jiidi^e may be appointed, as provided by " T/ic Iii-tlin/i Xovth A)ner'ira Ad, 1M()7," and the Lieutenant-CJovei'Uor or Lieutenant-Covernor in Council, as the case may be, shall a|)p(jint a SlieriH", one or more Coioners, a Clerk of tlii' Peace, a Clerk of the (Jounty Court, a Re!,dstrar, and at least twelve Justices of the Peace, and shall ])rovide in tin; conmiission uv conimissi')ns that the appointments are to take efl'ect on the day the ('ounties become disunited. R. S. O. c. 174, s. 43. (30 V. c. 4.S, s. 42.) 47. After sucli appointments arc made tlie Lieutenants >ov- Final separn- ernor shall, by proclamation, separate the Junior County from cimnUeH'l'y^'' the Senior or remainini,' County or Counties, and shall declare procliunation. such separation to take effect on the Hrst day of .January next after the eiul of three months from the date of the proclama- tion ; ami on that day the Courts and officers of the Union (in- cluding,' Justices of the Peace) shall cease to have any jurisdic- tion ill the Junior ('ounty ; and the real property of "the Cor- I'mjierty, how poration of the Union situate in the Junior County shall '•'^'^I'^i'- 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 property of the Corporation of the re- mainiiiff County or United Counties ; and theother assets belong- ing to the Corporation of the Union, shall belong to and be tlie ])roperty of the Seidor or Junior County, or Union of Counties respectively, as agreed upon at the separation ; and, if not otluTwise disposed of by agi'eement or arbitration, they shall belong to and be the property of the Senior County, or'Union of Counties ; and in the case of chosen in action, they may be recovered in a suit, action, or other legal proceeding instituted or commenced in the name of the Senior County or Union of Counties. R. S. O. c. 174, s. 44. (30 V. c. 48, s. 43.) 48. When a .Junior County is sepa'-ated from a Union of Officers and Counties, the head anil members of the Provisional Council of ^'.'IH^fni^;!.^*""' the Junior County, and the officers, by-laws, contracts, property, assets and liabilities of the Provisional Corporation, shall be the head and members of the Council, and the officers, by- laws, contracts, proi)erty, assets and liabilities of the new Corporation. R. S. 0. c. 174, s. 45. (30 V. c. 48, s. 44.) 49. The dissolution of a Union of Counties shall not pre- Execution and vent the Sheriff of any Senior County from proceeding upon »«'"v'.ce of pro- 1 1 ,. ,1 '' ,. •' . .,,.,, "^T ' cess m hands of and corapletmg the execution or service within the Junior sheriff at time County of any writ of mesne or final process in his hands at °^ separation. the r •20 IS. MUNI.iirM. INSTITUTIONH. 40 Vic. <'^»^P' '^' j^i thereof, or of ;;:,^! a "i-''!-^ '-1 convcyancoH -1;;^^^^^:,! ,,, ...l be l-l< ?1 n all such SlnritlH m thai, 111 _ ^^^^^,^,^,.,. ,,,,,1 ::::rlSr;u,a to he l.^a ana ^^^^ ^i^hrir^ja^^rV:^ 50 K upon a .lissolut.on n - H ^^ ^^ ^^j .^,, tho( ounty Chanu'.'<'f •*;'• ,,/,,.tion or other Civil pi "L..tam ^^^ j^,,,,^i^ ,,Uc.-,ftnahnp,,n.lin:4 an action, or .j j^^ t lo V"''[; Uon^.'tc, I,, yt thii Union 1''^^ I'^^'', ,,.,,.. eeaiiiLC iM'^'"''''*"', ^ after «c,.ar.. / ^^ ^^^^ in which the action "M locco ' ^^ .1 ^ ^_^^^^ ,,y , u'h who has authority to n. ke ox^^ ^„.,j^,,it, or.ler sent" it partis-, or on heann.r ^ ' l^^^\P^,,;„,is an.l l-apers to r ;a^->^triaUobecha,.^^ ;;;l^ ,,, ,,. County. ,,, l,an-niitted ^o tho p.opa ^ ^ ^, ils.o.e. m,s 4<. (•?'• V.c. tea, an ^^>iv..-. -- 1 11 i„. carried oil and tneii ,„ .„;,- -.-.tlKV civil Fo»-Un.-.-l"'" '-">■ 1)0 ciiii'ie' tion. If no Bpsclftl „r,l.-r in:vle . r .f.Ml all such actions ,„,., r.I. In ca,. no »nci, ci,a„g.> » -o ;1, ;U1 ^^^^ ,,„,, »'«; „„,, „th.:r civil P~^«"l'n:^ ; ' .„„ i„ i|,i. Act contamo,! «u»ty. .„ 1 -,:, of the Act "> "'^ ' , , , j,, .l,c tiiTnty-nnitl . ;?• Ou.a.la l«»H..l in the h.;»-"'" . ' ",i Majesty, and Sar. t^Stiet!, yea,-,, of ';-;'',': a" to ^"-"'l l---""='' [S«(;o>» 52, 53, a«! 5.. of 29-30 ... ^^^^.^^^ ^^, thebuptiior suchacti... Place of trial after di^solu- tiou of nnii'iiS to lie !vs ui.\:r- eilb.vthe.-.>i.'.- or a, jud^a. If no 8i)ecial order i.s made. Indictatjle of- fences, liow to be disposed of. ,... ..^penorCouitsoi ,.u such acti-us, informations in the Sbuior County. ^^j^^ojjs js prison. _ otteaoe is charged to 5..^-« d.. 40 Vic. creof, or of c vmo ; or (.cufm'j; "•^^ ini\ ivii'l tli^' ml i'«' ^"'''J luaimiT ami ,laco, hut no ) ti.M, tht;vn is hthol^uunty lacf of tiial, ii.rm.L,', <>v '^"y „„(y,i>y ••'>ii- lUiliivit, ortlcr Ul.l I'illxM'S to new Ooimty. such actions on ane held I'lacpfnrh"' I- at a place certain, shall '.e held in the C.-unty Town of the ;"« ';;;'':,';,^^^^^^ Junioi- County. R. S. O. c. 171, s. +!>. (3(J V. c. 4.S, s. 4S,) Division VI.— ^Iattkhm foNsFQUKNT upon thk Formation OF NkW ( 'oUPoUATloNS. Bi/-fjnrH fi> I'ovfhnw in foirc (hV^w. .').'), ')4. JJchlH SV('n. . ').')-. ')0. Ui'ficitiLs (iH;$. Ill case any Villaoo is i!icorporat(Ml, or Villnp' or Town p,y.iaws in (with or without additional area) erected into a Town or City, fnic |..i,.r to ^ ,„ , . , , , 1 . 1 il I 1 • fnllimtlnll (if or a lOwnshii) or I ounty becomes separnted. tlie tiy-laws in n,,^v o,ri,(,m- forco therein resjiectively shall continue in force until repeale^-porat o".;^^^^ t'n aration all special paid over accordingly, ami atte the q ^ i^ ^^^^ Les for the payment ^'^ ^^^fom^^^^^^^^ ^^^'^^ ^"^■ locality by any ^/^-v of the ^0 -ei ^^^ ^^^^^ ^^^^ ^^_^ tinue to be levied by the new v^o 1 u j^t as received of the new Corpoi;ation shall my ^J^^^^^^^^^ and to the Treasurer of the benior ^l'^'^^''^^^.;^^^ ;,, ' the same the latter shall apply the ;"°"7;*^. '"'^'J, .^by-law in tlie vnannerasthe money ^^'!^^ ^''']^ qTv^ ^. -x (30 V. Senior or remaining Muuicipality. R. b. U. c i / % c. 48, s. 50.) „ .. „„ 59. In oa,e the amount ^^f^:^;^^!:^^^^- paid over ex- j^.g ^ection provided. 01 to a»y ^J^ '\. 1 -litv of the former coeds the just =. . M.mJnii'.il f.V in rCSPCCt 01 a UaUlHtJ' UL xji amount, the "^aimng Municipalit} , n ic 1 agreement or received, as the case may be. R. S. U. c. i / *, s. )o. v '^ 6«. In c- any„^:i>'»/^r":''cH;:i "l^<^ - Town IS evocteJ into *^°"" "V, ('n and the members rr"^ h'rrUEty n tt ^ TMunicipaUty im- Xtly P io" Suntil theCoun^il fo,tho Co.porat.on ESe:r"tr^:s^rri^s^T£s4 "ntfcllaniLd, or until .uccesssor, are appomteJ.^con- le •er Special rates for debts con- tinued and to be paid over by treasurer of the junior county. Former coun- cil and officers to exercise jurisdiction over new mu- nicipalities, etc., until new councils are organized. *l 40 Vic. ee months cipality to sum to be er shall he , S.53. (:3G r the disso- Council of jl issue its r debt con- :)bligations he dissolu- te or state :efor under 1 be liable iiion before s. 55.) i' the then 1 v/hich the from, shall llected and all special ,1 upon the shall con- le Treasurer ) as received cipality, and n the same '-law in tlie s. 55. (30 V. 1882 MUNICIPAL INSTITUTIONS. Chap. 18. 23 tinue in their respective offices, with the same powers% duties and liabilities as before. R S. O. c. 174, s. 57. (:3G V. c. 4JS, s. 58.) 61. The separation of a Junior County or Township from a Ktfect ..f sepa- Unionof Counties or Townships shall not in any case or m lill^-^y.';^ X" ^.^ any manner whatever attect the office, duty, power or respon- and their sibility of any public officer of the Union who continues a «'"«'t''^^- public officer of the Senior County or Township or remaining Counties or Townships after such separation, or the sureties of any such officer or their liability, further than by imiting such office, duty, power, responsibility, suretyship and liability to the Senior County or Township, or remaining Counties or Townships. R. S. 0. c. 174, s. 58. (80 V. c. 48, s. 59.) 63 All such public officers shall, after the separation, be Further pro- the officers of the Senior County or Township, or remaining ''^^^^^'■^J: Counties or Townships, as if they had originally been respec- tively appointed public officers for such Senior County or Township or for such remaining Counties or Townships only. R S. 0. c. 174, s. 59. (30 V. c. 48, s. 00.) 6.3. All sureties for svich public officers shall be, and remain their sureties. liable* as if they had become the sureties for such public officers in respect only of such Senior County or Township, or of such rejuaining Counties or Townships ; and all securities which have been given shall, after the separation, be read and construed as if they had been given only for the Senior or remaining County or Counties, or Township or Townships ; but nothing herein contained shall affect the rigit of new «'¥J,J^;- . securities being required to be given by any bhentl or by any curities not af- Clerk or Bailitl', or other public officer, under any statute, o^ fected. otherwise howsoever. R. S. 0. c. 174, s. GO. (30 V. c. 48, s. 01.) \ last preced- Senior or re- [■ the former .crreement or bion ou;.ht to or or remain- aney had and ;. (30 V. c. 48, ny Village or Township or the members inicipality im- le Corporation IS before ; and f Municipality ppointed, con- tinue PART II. MUNICIPAL COUNCILS, HOW COMPOSED. Title I.— The Members. Title II.— Qualification, Disqualification, and Exemp- tions. TITLE I.— THE MEMBERS. I. — Is Counties. II.— In Cities. III.— In Towns. IV.— In Incouporated Villages. ]3iv. V. — In Townships. Div. VI.— In Provisional Corporations. Div Div Div Div Division I I F I! 24 Chap. 18. MUNICIPAL INSTITUTIONS. Division I.-In Counties. . 46 Vic. County coun- cils. am ers by Deputy Reeves, Comicih. Sec.M. Certificate of Election. &c«. C-bT. 64. The Council of o-ry County shall ccmsist of the R^v.s and Deputy Reeve.s of the Townsh, ^l^^i^^-^ ^ave uot County, an.l of at.y i«^^.''V?;'ot the Council of the County. -TT::^ ^;: R^^e^r; pi;;; R-es shall be U. warden. ce.t..t. . 05. No Reeve ov Dep..y^evc. ...01 UUe M^^^^ i;j ^e toelectionand . ^^^^ty Councd unti he l^*^^ ^/^^ ' ^i^j ViUa-e, or Town CI liai Count^ Council a certihca e ot tl e hnv ^^'1^ ; ;j^i (,,,,,, a- S-lS- Clevk^n,ler his^a^ul -d ^ -1^^^ ;^ aul^ elected, a.ul lieeves and tiou, that .such KeeN e o I'yl;, •[ j^j of otlice and quaUh- has made and subscribed ^^'^/'^^ f^/^^'^^"; °. ^cr in case of a cation as such Reeve or ^^Xo^tiled wiih the Clerk of the Deputy Reeve, untd he has a so hied wiiu c _ ^^^^^^^ CoSnty an afliruuation or 'loclaration -^ tho O ^^^^^^^^ perso/havingthe e<^.al custody of the ^^^^^^^^^^^^^ ^^^^^ ,1,^,, ?olls for the ^lunicinaU y ^^ - -P ^^ .^^ ,,,,t,,iaers appear upon such ro s the V''/"',,''',,,,,,,,!,!. the same pro- ami householder, in ^^^^ ^I^^^J,^ PJ f^ ^'''J^^^^^^^^^^ Reeve elected perty qualitication as voters tor t^^*^ j^^^^/^ l:/^ re.lucing the L suih Municipality and that J 'j'^^-^f ^^ !„ , =,ing limits of the Municipal! y and tl>« numbu o pc ^ 1 ^^^ ^^^^ the same property nuabhcation ^ vo ets bd o w ^^^.^^ ^^^^^ additional Depu y ^eoye has take n pkce s_ ^ ^ ^^^ ^_^.^^^ were last revised. R. o. 'J- c u •*, «• " v Fo™ ,„ ..«i. 06. The oertiHcate firstly above-.„entio„oJ may bo in the ficate as to following fomi : — election, etc. . r j.i, , Clerk of the Corporation of the T.^.^i^l'^wn .r ^il-^X hetlb; imS m/Lnd an.l tho «eal '." k^ County of ;,, tA /) of , Es.iuire, was duly Reeve, us the case may he). this day of , A.D. 18 . r Seal of the } Municipal ( Corporation. A. />'. Township (Town or Villagel Clerk. K S. 0. c. 174, s. 03. (30 V. c; 48, s. 64.) I 67. 46 Vic. 18S2-3. MUNICIPAL INSTITUTIONS. Chap. 18. 25 f the Reeves s within the ich have not ' the County, the Warden. seat in the Clerk of the ■,\ifii, or Town i^^il Corpora- y eleeted, and e and qualiti- iii case ot a Clei k of the k>rk or other ed assessment s, that there 00 freeholders the same pro- Reeve elected reducing the ;( ins possessing vr 500 for each ! the said rolls c. -iS, s. (>:?.) may be in the Corporation of the , in the i^^^^ ^^.^ presentation tothe Council «« ^ P^J^^^ to submit a by- resident municipa ^^^^i^ors asking the u ^^ ^^^^ ^^ law to a vote of the elec o , « th^ lep ^^^^^^.^^^^^^^ passed, in accordance with f ction - »* o ^^ ^^^ Tcess^ry delay, subuiit such -P-^^^^^^^^^^^ I regard to the electors of the mu^^^^P^'^y ' J .!h as to enacting and repeal, submission of such bylaws both as to o^^ ^^^^^.^^ shall be as provided in this ^ct m re a the assent of the electors. 4.3 V. c. -4, s. Division IV.— In Incohporated Villages. Goimcils. Sec. 70. housel,ol,kr» on t^e l^^t ™™«J '^^^^J (notwithstanding that same property q"»'''fi'='^ '"" ^?t|^j to vote), then of a Reeve such persons may not l'" ™''' °^ '" ' , (^^ „verv a.lditionai Dep«?yBeeve a«Uh,.eC„un^^^^ ,^,.,.^^. s. 67. (30 V. c. 48, s. 08 ; 39 V. c. 7, s. lo.j To^vnship Councils. Division V.— In Townships. Councils. Sec. 71. Township is di- ed by a general f .500 freeholders it roll, possessing (fithstauding that such such persons may not be entitled to vote), then the Council shall consist of a Reeve, Deputy Reeve, and three uouncillors. and for every 500 adbec. 7o. Where onbj one qiudified person for each seat. Sec. 70. T,i. The persons qualified to be elected Mayors Aldermen, |Mlification Reeves Deputy Reeves, and Councillors of any Municipality 'j ™;^-^' shall be such persons as reside within the Municipality, j^ within two miles thereof, and are natural born or natural- tS^n^uTTjl^^trSrHSnKoesty, and males of the full age ot twenty-one years, and are not disqualified under this Act, and have, at the time of the election, in their own right, or in the right of their wives, as proprietors or tenants, a legal or equitable freehold or lea,sehold, or partly freehold and partly leasehold, or partly legal and partly equitable, rated m their own names on the last revised assessment roll pt the Munici- pality to at least the value following, over and above all charges, \^Ss, and incumbrances atlecting the same. / (1) In incorporated Villages-Freehold to S600, or lease- 1„ incorporat- ■f Uoldto!$l,200; ^2^ J MUNICIPAL INSTITUTIONS. In towns ; In cities ; In townships Projierty ot different kinds. 4G Vic. Chap. 18. „) I„ Tow»-F,.e..,o,a to .son, or '--'»« '»*;^^; . , I„ Citios-FrechoU to SL-^OO, or lca.o.,oKl to 83,000 ^ ^ ' 7^ 1 1 1 fn moo or leasehold to 15&UU , (4) In Townships-Ireehold to b^OO . ^ ^^^^ Andsointhesan.epro,K,rtu,nHm^l^ the property is P-''t^y,'"^'^;:;;,"f/,ch person is at the time ButifAvithin any ^''^^'"^ 1 '^^^ L' Jh freehold rated in of election in actual -^''I^^.on f any ^.^^„ ^^^. ^^^j,, -^ ,,, lus own name on the las '^^^^ J^^^^, u.^ve, Deputy Keeve ship, he will ^>-:;;f - ^; i:^;^r 4lue at which such freo- or Councdlor ot ^^''V^^'^'^'l' ' ,,-,^.,,t roll aniountsto not less hold is actually rated.nsaida.se. ntnt I ^^^^^^ ^^^^ ^^ than 84,000, and for this ^^JT - ^,^^,,^ ' ,, ehar,,e existing alfected or I'cauced by any lien,inuuul an ^^ ^^ _ ^.^ ^_ ^_ "Leasehold" detined. Nature of estate. 1 n" -,„ tho foreo-oins section shall not 74. The term "Leasehold "^ ^hc ok oi^ . ^^^. ^^ include a term less than a t-^-^j^^^^^^:^ ^ ^^ .ualiiieation year ; and the (lualitieatioa ot al P^^*?""^' ^^ ,it .^r Ic-al or s^ec uired under this Act, nuay be ot an to c ^_ ^ . ^^^^ equitable, or may be con.posed paitly ot s 71. (30 V. c. 48, s. 72.) ,_,_ 75. In case of a new Township. ■oct.^^^^^ K S. O. c. 174, s. 72. (:i(i V. c. 4S, s. /3.) , 76. In case in a Municipality there are n.t -J l^as^^;^!?^ sonslualitied to be elected ^^-^^^^ ^ e ector "-11 be nualitlcation beyond the n^f'^^f ^\"Y R S cl74 s. 73. necessary in the persons to be elected. R. S. O. c. 17^, (30 V. c. 48, s. 74.) Division II.— Disqualification. Persons Disqiudified. Sec. 77. Attorney, no Registrar, no 1>«P ^-^y '^ p^^..^ ^o Inn- If only one person be qualitied for each seat in the Council. Persons dis- qualified from beint,' mem- bers of coun- oUs. 4G Vic. 81,000; 83,000 ; Id to 8800; Ities, in case (t. J at the time old rated in f ^aid Town- .'puty Reeve eh such free- its to not less shall not be aru;e existing 70 ; 43 V. c. :tion shall not fioni year to X (juaUHfation nther le^-al or I. S. 0. c. 174, )clamation, for person who, at ^st in veal pvo- cntioned, shall y f^ualitication. ,t least two pev- he Council, no doctor shall be 0. c. 174, s. 73. 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 29 iction, no Gaoler ", Deputy Sheriff, le of any City or < of any jMiniici- . County Crown f the Crown, no : Peace, no Inn- 1 to sell spirituous ■ or Inspector of ;rson having by himself himself or his partner an interest in any con ract with or ^. ,S ^^ ? A^ onb^mirof the('nrporation,^shall be .p.ahHed to bo a mem- A»y ^ V -/^'.l^ ber of the (,'ouncil of any Municipal Corporation ; -^"^^ ^. m But no r.erson shall bo held t.. be disqualiHed f rom being ^S;;,.;:;,*" elected a member ..f the Council of any Municipal Corporation ; „.„., „ie. ty vLm of his being a shareholder^ in any "^c..rp.jrated ....uj.J.a^^^ SMupanv having dealings or contracts with the ^^l^j^f^J^:^^ |.:-t.,ns..ul Municipil Corporation, or by having a lease ..f 21 ^l^^'^^^^::^^:,^' mwards of any property front th.,- C.^rpcration, but no such „,,„,,,,;,„, reho der shall ioto in the Council on any nuestion affecting an; lease from the Corpovation, and -Yt(fTut7n- any «,uestion adecting the Company. 11. S. O. c. 174, ^. ii , 42 V. c. 81,s. 2. (30 V. c. 4S, s. 7.-».) Division III.— Exkmi>ti<)Ns. 0(]iclals and Persons exempted. Sec. 78. 7S. All persons over (iO years of ag.-, all Meinbers and Kxe,nptio„. oihcors of the L.gidative Assembly of Ontario, and ot the henate o! House of Coinmonsof Canada, all persons in the civil ser- vice- of the Crown, all Judges not discpialihed by the last p e - ceding section, all Cov -ners, all persmis m Priests "^•'l"'^' ^ ^^^> „ men and Ministers of tlie (iospel <.t every denoimnation, all meinbers of the Law Society of Ontario, whether barristers or Students, all Attorneys and Solieitors m actual practice, all officers of Courts of Justice, all members ot the ^"•'■•li^f PJ'O- fossion, whether Physicians or Surgeons, all_ Protessors, Masteis Teachers and other members of any Lniversity, College, o School in Ontario, and all officers and .servants the root, all Millers, and all Firemen belonging t.j an autlmrizod hue Com- . pany-are exempt from being elected or appointed members ot a .M'unicipal Cnmcil, or to any other mum ipal othce. h. S. O c. 174, s. 75. (:Ki V. c. 48, s. 70.) See also as to lurevien, R. S. b. c. 178, ss. 2-4. PART III. MUNICIPAL ELECTIONS. Title L- TlTLE II. -Electors. -Elections. TITLE I.— ELECTORS. Division L— Qualification. Freehold, Household, Income, or Farmers Son. Amount of rating requisite. Sec. 80. Sec. 79. Persons 30 MUNICIPAL INSTITUTIONS. 4G Vic. Sec. SI. SeC9. 85, 8G. 83. Chap. IH. Persons in .lefault M' non-payrnentof ^.- _ HZehoUler, definition of. Se.c. 87. sections the t flip noKt eif^ht sections the 70. Subject to the F^^;?Xti.ns shall bcbn^ to the fol- ric.ht of votins at municipa elec loiH ^^ ^^ Uowing persons bein^na 0. ot ^^^ ^naturalization, being having received no le for voting Freeholders. L- voting : • 1 „<. ,>r not, who are at the ite 01 tne cillliuii „f Hip r wives ; Householders and tenants. Income voters Tarmers' sons. tenants in "-„^"™f ^f '^ !,„ ^i„„ieipalHy at the date „£ the MmWi/. All residents ot '7, „ 13 tlicrein since the corn- election, who have ''"""yXym'ntrol therefor, and who are pletion of the last revised a^ e^smnt .o i ^^ Lr'rn':t^le:nhanB«;S.T^s!'S.'c.n.,.70,.«.«. (30 ";:;:niiUi:nt:4:or:ise ts:it^i:e R. S. 0. c. m, s. 7G, F"-^. (40 \ . c, .), B. I.J father and all the sons, '-''f '= '' J7Z\;^t er « a widow, then t"'-^V;T tol In belo^t to antbet: right only of the the right to 'Ofe^ball be on„ ^^.j ^^^^ j„ horn father and such of the 'W"^' °^ 'j j^j „„a .^sessed w.U, i. i. „v>;«i-, iViP farm is so rated and assessed Where father (3) If the amount -. ^J^^J K^^^^^^^^^een the father, if living, living and as- i, insufficient, if equally ^^^^f ^ ^fr^tion to vote, then the rSt to' and one son, to give to each a qualification 40 Vie. Sec. St. Jl, Sec. 83. . 85, 86. sections the If to the fol- i 21 years, zntion, being ivisod assess- thc election lieia in their income, and ;ion of reward /ho are at the ility either in have resided nd who are, or auseholders or the date of the since the com- )r, and who are calling or pro- . 70, part. (30 at the date of resided in the )ther for twelve irs of the assess- lection is based. t, and if the farm cient, if equally 1 to vote to the iig, or to the sons is a widow, then right only of the d sons to whom nd assessed will, the qualification 9, s. 2.) •ated and assessed '. father, if living, to vote, then the father 1882-3. MUNICIF VL IN8TITUTIONS. • m Chap. 18. 31 father shall be the only person entitled to vote in respect of ■i-lifym.re such farm. H. S. O. c. 174, s. 70 (M). (40 V. c. 9, s. 2.) (4) Occasional or tem,..>rary absence from the fa.-m f or a time Ton.porary or tiu.os not exceeding in the whole four months o the tw.^lve hereinbefore mentioned, shall not operate to «h«entitle^ a iarm- ers son to vote. R. S. O. c 174, s. 70 (4). (40 V. c. !), s. .3.) (.5) In this and the four next preceding clauses : !i"';7''*'*" " Farm " shall mean land actually occupi.'d by the owner thereof and not less in (puiutity than twenty acres ; " Son " or " Sons " or " Farmer's Son " or " Farmers' Sons " shaTHITean any male person or persons not otherwise .luahhed to vote, and "being the son or sons of an, owner and actual " Father " shall include stepfather ; " Election " shall mean an election for a member to a Muni- cipal Council ; " To vote " shall mean to vote at an election ; and " Owner " shall mean proDrietor in his own right or in the ricr.ht of his wife of an estate for life or any greater estate either le'^'al or eouitable, except where the owner is a wnlow, an (|no! N.,nu«-ti.mof porting to l.o named in ^^''^J'^'ir-'^'^.I^J any «'l'^ctiun, ox.H.pt t quailHcatlm [ioM of .lualiticalion sluiU 1.0 ';^'^^ (-^ ,,„tc i.s tl.r sau ^" ^" --'• Lcrtain wl.ether the l-^-'; ^en^U, n^ ^; ,.^^ ,,,. i^^s: cfc' nt s 70 " l;m'^'ris:l;77 ; *o v. c. 12. s. ..>.) &c:)7 V. c. 3,H. 1. ,„„„,,»,-.■ S». At .h« fi.»t election ol a " - ^»1 I'''' .'..'nt n,..l. ir- -s^;;;;™"i,.i.it.nt,tiK,u,i> not ,.«•-» y^ ,, ^ " vote i( lio l.;>»-esse, tl e ' ' ' ,_„ ^,„|i,i,,„t property to l.ave R S. O. c. 174., s. 80. St,'e .30 V. c. V^ ^. /•'■ H4. Wl.veanytomtovyis.ld.l/-,.^ ..ny City, Town -^-//'^^''^^'.^^t' \ V a^-v witl, additional ten-icory is eivcted ^^'^^ ^^.^n^X L^^^ '-^v VilU^. is territory is erecte.l ,nU,o a_lo^vn, m ^m ^^_^^ ^_^^^^_^_^_^, ^.^^^ ._^^^,,,,j. ment roll. Whpre new territiry _ added ti. city, town t'l' vil- liV,'e, -M- a new . „ , /new tonitory is erecte.l ,nto a own .. ^^;^'^^^_^.^, ,.^^^ i,^,^,,„j. <='^^- ^"^^::;;:d for.ned, and an ^1««^'::'\^^ ^ :.£;V ;;;:;;t. in suel, territory are 1^:J::::.Z.X for.ned, and an election '''^^ J^^^^^^^, ;„ suel, territory are ^Ifclla in^^. the names ot P*^'-''^^;' ^ , ' ' Town ..r Villa.t^e. or in.ludi.u'.Hiwh bdore such li'^*;^'^'^^^^' *; ' liiied as elect-rs in suel. territory now ternto,.y.^,,,^^^,.l,^,,,,Hdd have l.eeniualu^^^^^^^^ ,^,^^^,^^ ^^^ it the same had >;;-'^^^"^^^ ^ ^^^ j^ t'"->^ '^'^''^^'^ '"^^' ^ Villago.or if «"^\!7'' ";i), :t o heen formed, slu.ll bo i;;5j;w^n':;t:\n^^^|"ownorvH II. S. O. c. m, s. «1. (:^^ V. e. .3, s. lb.) 81 In case both the owner and occupant of any real pro- If owner and »•»• ^'^ ^^^'Z I^v-.m-iIIv but liot ioiutly tliereb)r, bnlh slial 1.0 o;cap;tntHov. perty arc rated .^e\eiaii> DUL iwt .) r ,.^^. y_ erally rated, LJ,^,^ rated Within this Act. U. S. ^^. t^- i'"*' ^- ^ b ith to lie _^ deemed rated, c. 4S, «. ^•^■I ftfi Whevp any real property is owned or occupied jointly by men joint HO. Wlcieanyie i j _^^ ^^^^ ^^^_^^^_^^^^ sutheient, if owners or oc- two or more poitions, ami 1^ !"■'' , ,r,n,..,ti,„i to each cu,;ant. rated, ^^^ j, ^li^j./.j ^,t,ve<=n them, to J,''^'^, ^ ^ '^'^hcatio t CdU^ ritin-tol)e equally ui VI i.>,.,„oil vited w t ini t us Act, otheivMsL equally then each shall be deemed ratct ywu ^ ^.j ^^'"^^•^'^- none of them shall be deemed so rated. K b. U.L.U*, (juos- n, except to is till" siimo ist of voti-rs. c. 12, H. 20.) ty for wliieh cut iiialo iii- lu' eiitillotl to iiiuntioiit'd, porty to liavo u'U property. il pur].osoa to til iuMitional .tl> lulditional low Vill;i,!j;e w s' lists iiuihi'l- i territory an! or Villiiiii', or V, tliun all por- Isucli territory Jiiy, Town or 1 orei'tod into a i)rii»'>l, sliall bo t such clL'ction. if any real pro- »v, both shall be i, s. S2. (:]0 V. upieil jointly by mt sutUcieiit, if itication to eaoh, 1 Act, otherwise . O. c. 17i, «. »:J- of a house, such. I a public road or luseholder within s. Si.) ^m Div. Div. Div. Div. Div. Div. Div. Div. J)JV. I.— II.- iir IV V.- VI.- VII VII IX TITLE IT.— ELECTIONS. Ti.MH AND Place of Holding. -lli;ri'HNiN(i Officers and Dkputy Retuunino (JFI'KKII.S. .— Oatiih. — I'uocKKDiNGS Preliminary to the Poll. -TiiK Poll. — MlSCKl.LANEOUS PrOVISION.S. . — VACANcihH IN Council. [._('(,XTit()Vi:uTi:i) Klkctfons. — PuKVLxrioN OF C(juiu;rT Practices. Division I, —Time and Plack of Holding. la Mu.iiUipiiiUh'H oilier ihdn Count'tcn, Sec. SH, In iii'ii' or ii.lh'rcil M ii n'lcij^HilUu-s. ISec, 80. l>hi,T, ho>'!ji.rr(l. Sir. !)(). hi S'jKirdlc- i Toivuslii jiH. iSV'L'M. !)1, !)2. I'Jk'ction of rccrcs, etc., ill. Toivnuliiiin and ViUayrs. Sec. dt]. /•'/iclioii J)iri.' V. c. +8, s. ts.').) TITLE HI). In case of the incorporation of a new Town.ship or Fi,..st pl.'ctions Union of Townships; or of the .separati(.n of a Junior Tovvn- ^hen^^^^^^^^^^ .ship from a Union of Townships; or of the erection of a „u^viy LMectod locality into an incorporated Villaj;'e; or of the erection of a or e.xte.ided. Village into a To\vn or of a Town into a C'ity ; or of an adilitioual tract of land being- added to an incorporated Villaj^e, Town o: City, or in case of "a new division into Wards of a Town or City, the first election under the proclamation or by- Tlmert of eloc- law by which the change was eflected shall take place on the *"""• first Monday in Jamiary next after the end of three months from the date of the proclamation, or from the passing of the Ijy-law by which the change is made, and until .such day the change shall not go into eti'ect; but the nomination of candi- dates and the election of such ofHcers as are unopposed, may, and shall be proceeileil with at the same time and in the same manner as if such change had gone into elfect on the last M(jnday of the month of December preceding such fir.st election, or on sucli other day as the nominations may lawfully be hehl upon. R. S. 0. c. 17+, s. 8G. (30 V. c. 48, s. 86 ; 40 V. c. 8, 3. 49.) 3 90. ^ I 34 Plac« to be fixe.i >>y ''y. , law «){ invinicl palitius- Chap. 18. MUNICIPAl. INSTITUTIONS. 46 Vic. ^^" m „ 1 Villa^o Munici- . 1. , nUtr Town pnd > iiih^> ^^^ «() Th« Council of every C'^y. J^^' :„to aTuwn.aua a pa y (inelnain, a yiUa.o newly -^^^ ^.,,^^ ,, t„ne, by Cn newly erecte.l m. o a ^^ty). -all ^^^ ^ ^.^^^^ ^, ^ l.vlaw ai.poiiit the place "' P^^,V ,,,,. ^u.clion s'uill .e Ll;;:;^ .---l-l ^^^r^^V wU ^ lufLt election ^.r the '^^^^'^':^^'^:%^:^\f^^^ .aMUvlslons was held. County Coun- cil to ai.i)oiut place of tirKt election in junior town- nhipH aftor aei)aration. T • . Township of a Union has 01. WhoninanyyoaraJumo U-^^^^^^^^ ,,,, ,, ,ast 100 resident 'Ve^^''^l'*\';"%"'r (vS of the (bounty shall, hy revised assessn.ent rol th^ i "^ tyH'-^ day of Goto her m a by-law to be passed ^f •''^- ^' '^^^^^ the first annuiil elec- s. 8«. (30 V. c. 48, s. 88.) X- ^f o Union of Townships, the E..tin. -.a 93. In ^aso of tl- -Pa-^^^^ f ^; ^ cease, as if the san.e .UviHiouH in existing divisions into Wf '' , ' huv and the elections of (Joun- rfrrJi^e had been duly f ^^l-^-' j'^,^;^"^ ^^if I e Township or Town- :.rai««olution i^o,, «hall be ^'ygf^'^V^r; sub divisions or Wards under the "^ «"°" ships are divided into poUms ^^^^'^''^^'^^^"^ ,. ^9. (30 V. c. 48, provisions of this Act. iv. ► . 8. 89.) ,, , oc 93 The election in Townships and ^-^^^^^f^:::^ S^t:ete^ni,,^fes, Deputy Reeves and ^--^^•j- ^ ^ 1 J c'ou^iciUors K::reT\otQ, except i^.t^lVTinto Wa?c^^ and shall be held at the villa^Utobe in Townships ^^^^•^^^^'^'^ X last meetin' «'^""'^' place or places where the l^^'^/"^'^^^-,^, be from time to Lid, or in such other place or pUcs as n, y^^ ^ ^ ^^^ time fixed by bydaw. R. b. U. c. U*, e. 90.) 94 In case a majority of the a-^^^^^^Jj^rt^^C^Si J, on the last revised X^^Xvl^i^ir Wards, or to of the Township to '^{^^^^^^^ ^^rdhds on into Wards, the abolish or alter any then ^^\f "^ J^^ J,, ^ss a by-law to Council shall, wit^^m one monUi her^^^^^^^^ isfur'division give effect to such f ^i ion - and it s^^^^^^ ^^^^^^^^ j^^^ • into Wards, shall divide «^^7^,.^"'^",; f Ward, being as nearly regard to the number of;l«f^«^^^;",rWards fo; municipal pur- equal as may be, and ^^^ number ot Township is . ^ pises shall be four in all cas«s , and ^ ^^^^^^ ^ S^r-e. divided l-%l^^^:i'^, Tt £ first meeting, elect tVom etc., in such Reeves, the <^«"""^'°'?,'VviU^ Reeve or Reeves. R. S. 0. c. among themselves such Deputy iieeve 174 s 91. (30 V. c. 48, s. 91.) by gen' vote. Upon petition the council may, by \'y- law, divide townships into wards, etc. 46 Vic. ijre Munici- Jown, ami a to time, hy ,^ i\\*' noxt on s'lall ha tion for tho s was lioUl. a Vn\ou has •1,0 then last iity Hhall, l)y ')t' 'October, in , annual elec- t a Returning :)viilo for tho I. S. O. c. 174, 'ownships, the as if the satne itions of Coun- ship orTown- J&TiU under the (3G V. c. 4S, ated Villa-es of be by general ,nd Councillors be held at the he Council was )e from time to (:}G V. c. 48, ctors of a Town- tion the Council nto Wards, or to into Wards, the pass a \)y-law to ion is fur division ,0 Wards, having •d, being as nearly "or municipal pur- the Township is 1 or more Deputy leeting, elect from Leeves. R. S. O. c. 95. 1HS2-3. MUNICIl'AI, insthttions Chap. 18. 80 ■ »;5 Kvcrv election shall be held in tho Municipality to Ki'-ctio',, which" the same relates. 11. S. O. c. 174, h. 02. Qm V. c. 48, s. 02.) ^Xl m. No election of Townshii, ( '..uncilh.rs shall be held with- N;>Uo^»;«^held in any City, Town or incorporatfcl Village, nor shall any elec- tion for a Mutdi^ipality, or any Ward thereof, be held in a tavern or in a house of public entertainment licensed to sell spirituous or fermented liipiors. It. S. 0. c. 174, s. 03. (30 V. c. 48, s. 93.) Bylaw for an election by wards or poll-' in^ «»''• . '.i (UvieionB, Division II.— RETUHNiN) The Returning Officers who shall respectively hold the nominations for each Ward ; (c) The places at which polls will be opened in tho Munici- pality in case a poll is required ; ((/) The Deputy Returning Officers who shall preside at the respective polling places. R. S. O. e. 174, s. 04, (3G V. c. 48, s. 04; .37 V. c. 10, s. 4.) (2) The Clerk of the Municipality shall be the Returning Officer for the whole Municipality, and in the case of a poll being required, the De[)uty Returning Officers shall make to him the returns for their respective Wards or polling sub- divisions. R. S. 0. c. 174, s. 04. See 40 V. c. 12, s. 13. 98. In the case of a municipality in which the election is Returning of- not to be by Wards or polling subdivisions, the Clerk shall be f^^^.^'tby" the Returning Officer to hold the nomination of candidates at ward.i or poll- ad elections after the first, and shfdl also perform all the duLies l^^^^^^"^'"'- hereinafte" assigned to Deputy Returning Officers. R. S. 0. c. 174, s. 05. (30 V. c. 48, s. Oo.) See 40 V. c. 12, s. 13. Clerk of muni- cipality to be returninK offi- cer for whole municipality. 11 I 'tic*. 99. In case, at the time appointed for holding a nomination The death or or poll, the person appointed to be Returning Officer or Deputy ^^^fy^j^g y Returaing Officer has died, or does not attend to hold the officer or /j^c lu nomination or poll within an hour after the time appointed, f^^'i'^^f^J"^^*""'' ^ or in case no R-^turning Officer or Deputy Returning Officer provided for. has •■■^" 36 Chap. 18. MUNICIPAL INSTITUTIONS. 4,0 Vic. Chap. lo. ^ £^^. ]^(,jt\. OHicer o- Deputy Keturnin„ (:U! V. c. 48, s. 90.) 100. officers to he Conner vatora of the i>eace ; their powei s, C^If.';;;';;:''' eteelors ul».. a by-law, act as » « , j.„„ „ votmli .^l" • the City or County in Y ' ,. ,.P laviii" inrisaictioii m the :, he'ov any ^"fXt^^^^^"»y '^1 ' 'J""li° orJcrly pe-on who the peace, or for trial, ^"y ,"°'" '' " „„ voter coming to or a^sa^^lts, boat., motet. "^ ' '-f^-tion or voting ; ami, when reraalnins- at, or going tiom tnc uc present at the iX re-iulrea. "Jl ^^-^^, l' tnilng Officer, or l)epntj . , 'T«|° rvery'Returning Officer,. or Dcpn^Bet^-riingO^^^^^^^^ SSS'S-^e or Justice of tL Peace may ajn-ojut amUwea, __^ ^^ >^^^ ^_^, """ ■"■ of special eonstables to assist lutiw 1 ^^ ^,^,^j^,,^ „|, a and of order at an <^l««t'°" ' ^,' „-J,.ve as constable, and re- bv-law; and any person ^^ '^J^; " „,„taUe by a Retnrning ouirod to be sworn in as a specia , ^ j,i,.,ii, it he re- SSeer or Deputy R=t>™-=; ft ■, Ucfo a penalty of S20. f„«es io be sworn 111 or to serve ^^^^ ^^^^ ^^.„ ^„„ ^„„,„t„, '^■^°rc°nM0M^(lV.e.4M.9».) t We Oatha, etc., of person claiming to vote as a freeholder. Division III.— Oaths. Of freeholder. Sec. lO^- (if imsehokler or tenant Sec. 10.i. Of Income voUr. See, iu-t. Of Farmers son. /<'('' }^-'' Administering. Sec. lUO. 1 or to the like effect : — 1882-3. MUNICIPA.L INSTITUTIONS. Chap. 18. 87 4-0 Vic. ce for holcl- ntrst them- Utticer, and r shall have the nouiina- a Returning 2. 174, s. i^O. irning Officer lie voting oi he peace ibr ting i>i held; liction in the 4(1, may cause ,li by line or over to keep ,' person, who iouiing to, or u ; and, when )resent at the loer, or Deputy 0.c.l74,s.97. burning Officer, in any number m of the peace electors upon a nstahlc, and rc- by a Returning shall, if he re- 'penalty of S20 vill sue therefor be required of any old, shall be as fol- person name*, or pur- try list) of voters now That That you are a freeholder in your own right {or right of your wife, as *''Vi;" ;::;;' ^aliural U.. (<.. naturalized) subject of Her Majesty, and of the full age of twenty-one years ; n '.„■,;. ^ That vou (In thr ntsr „f M,<>,!di>nlitie.'< not d,-oled into 1] anh.) that you have HMt voted before at this election, either at tins or any other polling ^Vth. r,,se of M.nicipaJltk. dlvUlM into JF.n.k) That you have no voted before at this Election, either at thn or ^.^;^^;f"]};jtZ in this Ward and (// the elector /.s tender, n;, Ins cote for Mayo,, li'-et'<^<>^ Dnml, Urrre) that you have not voted l)efore rr elsewhere ni this Municipnlity at this election for Mayor, (Reeve or Deputy Reeve as the "'That' you' iiave not directly or indirectly received any reward or gift, nor do you expect to receive any, for the vote which you tender at this "^tSVuu have not received anything, nor has anything been promised to VI directly or indirectly, either to induce you t.. vote at this electmn, or in loss of tLe, travelling expenses, hire of team, or any other service ''""S ulr;'Vh!:;f nS'S^etly or mdireetly paidor promised anytlimg to any poison either to induce him to vote or refrain trom voting at this election ; as,e,wient roll, then Instead of referrin,,! to the hst «f vote), the pe, son J^^^^^^^^^^^^ ^h?!:!ito vHtemav he ra.uired to stat, in the oath the property u. respect of ^^n. which he claims to vote.) I R. S. O. c. 17-K s. 90. (36 V. c. 48, s. 99 ; 40 V. c. 8, 50.) Ur,i. Ti.e oath or affirmation to be required of any person Oath^of^^^^^ claiming to vote as householder or tenant, s hall be as lollows, ^^ ^g^^^^_ or to the like etieet: — You swear ior solemnly artirm) that you are the person named or pur- portinc. to be named in the list (o. supplementary listi of voters now ^'S'l^oif IL^^""""' "'' 2v of " '"''" ' 18 itke day crtified by the CIek of the Municipality as the date of the return, or of the final revision and correction, of the assesxmcJ roll upon vhich the voters list used at the Z'tioL is l,ased)\on were actually, truly, and in good f="th /k.^-^-^; to your own use and benelit as tenant or occupant, of the real estate m respect of which your name is entered on the said list ; That you are {or your wife is) a househ(dder orjenant within tins ^^I'S^^u^iave been resulent wkhi^iiJiisJ^iicipiiUtj: for one month next before this election"^ £ «„„ ivr^^pstv That you are a natural-born (or naturalized) subject of Her Majesty and of the full age of twenty-one years ; (In the ease of Mnnicipalities not divided into^ Wards.) That you have not voted before at this election, either at this or any other polling "^^TFn'thc ease of Miniieipalities divided into )V,0ds.) That you have not voted before at "this election, either at this or any other polling place in this Ward, and (// //..■ elector is tendvrinij his vote for ^^^«.'/"!-' .f^",^,,^ Depidii Reeve ) that you have not voted before or elsewhere in this Mum cipality at this electh.n for Mayor, (Reeve or Deputy Reeve as the ca.c ""rhatVou have not, directly or indirectly, received any reward or gi".."or do y.ni expect to receive any, for the vote which you tender at this «lec ion That y.m have not receivef J. ^ea^ of ^fX 'W J S,^^ F»--h o/^-JJi ^ R. S. O. c. m s. 100. (-i^v. 40 V. c. 12, s. 15.) roll. Oath of in- come voter Oath of fann- er's son. ' ■ .■ ♦„ be rc(,aiv»a of any person 104. The oath or affi™f - ^^,3 ,.. a, follow. ■. vou were, ana tncin.i- Town "C YiUagt, ('■■' ■,^,.„\^ vou were ui Tent of this TownBhn) 01 y, lo;^ ^.^^^^^ '"""'^^u£ P ofeLion. a. the That at the said '^'f^'^ trade (othce, calling, -» pr •^"Tlatyouare a «"M^i;ffK''ft-nty-one years ; , i,,,e ca.se may /)e) ; ^>}'^U^'^^1*S.> nol dhidM into " ""'''.■i,./, Sling place ; ''\ln the cas. of -^^'^'^ ^^ on either at this or any -f^^^^^'^^^ j^ave not not voted before -t^^'l^M^llndi'd into '' ''''' t\, noUin.^)hvce in this iln the c«,se of ^"'f'^'^^^^^v at this or any other P' ^^^ J ^ ,, ,,,,^,„(„ ,ied before^ Uus^ ee^-, eit^ , .^ -^£;^ H'S isSli^^ali^y a^ this election f.n- ^XS^ll--y^^^^'^^ ""^ 'r 'vf to v-t at this elec tion, or for loss oi , j^^^.,„^ . ,,,« mid or promised any- -ii^tr^s'^- £:;^;S;L;nt^'J <^^^^^^ -t^g at thing to any person, either to 1 this election : ' „ tt - . 7 • So help you God^ 3 ^_ ^ . 39 V. c. 0. s. 7 , R. S.O. c. 17-t, s. 101. ^-^^ • 40 V. c. 12, s. 16.) , bemfit » owner » y''" »»" J,;,, ,„i„ed <,n aai-l U.t of v.lcr. , "¥hV;S»" »n of ft' »f *•»:,; t„ twelve month, nert before ^'t^i^:^^:^S'SJZ^ perW, «oe„t te„.>or; 46 Vic. lised anything voting at this , not been uny one month nect non offeri'Ujto espect of ivhich ity.) V. c. 8, s- '^^^ > )f any persoa follows : raon named (or ,e list (or supple- ; to voter) ; (ly certified l'\, the and correction 0} election is based), tdstiUare.arosi- may be) ; asly, you were 1.1 profession, as tne uralization, as the ) That you have ther pollini,' place ; That y" '"» !'''"=<' ^ ""^ °.e Council .hall fPl™"' "^ '^T ' "i St,c» not kttcul. the S.r^jte::;:J;^.=e:^nn.orJ«r«.U.^^ . ' ,0"). A meeting of the electors »haUtak^I.l-e for th^^^ SSS;:.,, inatfon ot can,li;Utc, for tl. offi >t^ AU. . ,„a .t,. forromi- ^ ..„:ii^,.^ n Owns, aiui 01 i-v^c - i , i n\cor- Thi' clerk to preskle. Ch.airman. etc., fof i^'""'> nation of al- dermen, etc, In Townships divided into wards. ination of caiulidates ior the omc s ^^^^^,^^ ^^^^ Councinor.s in Towns, ^^^^ °^^^i^^^; tnto VVanls, and Incor- CounciHors in Townships not chv ide^ ^^^ .^^ Deceiuher porated Villages, at ""V^^ °^^f'^ *;,, " Municipalities, ov at such Lnually, at the Town Hall o JJ^ ^^ ^^^^^^ i,,,, „, each place therein and m C ties a io ^^^^ ^^^^^ ^^^ ^^.j Ward thereof, as ^^y^^^^^" ^^ be desi^^uated as tirsl second, and the Deputy i^^'^;^"^ "^'n' 'umber to be elected. R. S. ,,0. InTo^ship^dividedin.0 W^^ td ^l^^S^ t^ candidates for the "^^^^^f.^^tllonday in December, at such clock in the forenoon on the la tMoiy ^^^^ ^^ ^^^^, ^^ place in the Township as ^.^^ ^^X^iV'^'esiJe ; the nomination by-law, and the Townsl^p ^\?VV ' f, £' to b^ electe.l for each • candidates for the othce ^^ C^^^^ ''?i;^;« ^^j^ ^^ ^he Town- Ward, shall take P'^ce at noon ^l^,^^ 1 ow^ ^^^^^ ^^^^^., ^^ ship or at such place in the l^oNAn 1 I ^^^ ^, ^ 3^^ ^ ,^_ be fixed by by-law. R. b. U. c. i/ , (37 V. c. 16, s. 3.) n.»i-» u>- When «;^:^s^^a:n^sX'romc:Ji d.y 1.11. »n Christmas Day, a«|£"""°'""' " ,, „{ Mayor, Reeve, Deputy Sr-" Mayor and AM|||n C^^; J' 'j^i^Xi,; »hall take place --^- Keeve and CouncTWs in oui 1 ^^^ ^,^ ^^^g l,tVp::SS"ytw" tial n.l 10. (30 V. c. 7,s. 20.) ♦ c..n.v »». 113. Every County Council r^^y:^yJy^Z,Z'i:ytor BB ^^:i:X"? clSe^Sr^e^, Beputy Keev., an^ I 46 Vic. r the nom- ies, and for hall of the December, :he Deputy ...according in. (30 V. } Returning his absence, i idace ; and , attend, the I to officiate lirman shall S. 0. c. 174, for the nom- leu in Cities, lleeves and Is, and 2«icor- u December, es, or at such places in each m1 \jy by-law, s tirsl, second, elected. R- S. s. 3.) nomination of d at ten of the member, at such le be tixed by the nomination elected for each ,11 of the Town- •h Ward as may 42 V. c. 31, s. 5. er happens to be for the offices of ', Reeve, Deputy i, shall take place nlac'^s and in the s. lOH. (39 V. c. r-law, made on or le that the day for puty Reeves, and Councillors 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 41 in r .n.illors in Townships shall be upon U.e last Monday but one n-inati,.n ^sb:^^^^^^^^ m Forthwith after the passing of such by-law, the Cuunty j^w^f^'V^^, (2) l^oitluvitii, aL t I 1 J'^. ^1 Qi , .^ of the Town- t„ townships Clerk shall tninsni.t a copy tluici^ lo i ^ ^^^^^^^^ ^ ships tu which the same relates. K b. O. c. 174, s. WJ , c. 31, s. 0. (40 V. e. S, s. 4S,) 1 1 3 The Returning Officer appointed for each Ward, as in I^esiai... .ion 07 ment.oned or th^Oe.k - ^ Z:^^:^:^^:^ S:^:::^ in:^: :J : : Xellceof sucM>ro.d.g .heer,.. meeting may choose a chaunian. R. b. O. c. 1 . 4, s. i iu. ^ - u V. c. 4S, s. 105, i>art.) 1 14 The Clerk or other Returning Officer whose duty it is Notice .f^^ to preside at the meeting lor the nouunation _o canduM^s ,.,^.^^^^^^^^^^^ shJl give at least six days' notice ot such meeting. U. b. O. c. 174! s. in. (3G V. c. 48, s. lO^J, p<-trt.) 1 1 5. At the said n.eetings, the person or per^s to fillea^. N— n_ offic-^ shall be proposed and seconded seriatim; and linoothu ; ; uient candidates are proposed for any particular office and 1 a p U ,^ .^j, LZuired by hem respectively, or by any elector, tlie C e k or other Retimun- Officer or chairman shall adjourn the pro- oeedim rs Vor H Un.'^ such office until the hrst Monday in Janu- a^^y S Xereler. when a poll or polls shall be opened in each , WaiTor ol ing subdivision, at such place or places respe- ^ely as iiiay be^xed by the by-law of the sai.l ^^oum. s^^^^^ election at nine of the clock in the morning, and shall continue opTunttl ftve of the clock in the afternoon, and no longei. R. S. 0. c. 174. s. 112. (3G V. c. 48, s. KKk)^ ^ ^ y^.^j" ^^^ nJ^^ 1 1 6. At the nomination meeting, or at anTt-^e^l^^JfJ^^,^ ^^^^^Tl^^X^if^ u e ^\.r. r^rvl1in(r flnv nnv person proposetl tor one 01 moii. ,.^,yi,„^te. ; , aOr ^ betorethe polling da> , f ''^ Pf'. "^ . ■' , ' .^i^^ he is to remain in default to /A'j«&^ offices mav resign, or elect toi wnicn oince n« *.„ if,>v I'e tala.ration of list of >'e- ffkuUers. i .uj ■'i'' .CL- Jul- ir^^ • . Ann of candulates, it 118 On or before the day of non-u- ^ on « ^^^,.^^ ,f the shall prepare and verity ^.^^ ^^^^^ j^ ^„ .^y , (aN AH persons who, being ^^ f^l^'ll^.^n of their income^, the fir t ami second p^arte ^herf t) byje ^^^^^^ .^ , , . tnly^ave norpaid the. ni«n.^^^^^^^^^ ^he election, . before the fourteenth day or i^ " and , 1 !.„ \awa under sub-> ^ OX;;rc»t» ^»-"°"- «■ B. 0. e. n. s. no (1). (40 V. c. 12, s. 6.) G "f Liat to be made for each polling Jivi- sion. Certified copies to be furnished. 3 V. c. 12, s. b.) i^^^nllincr subdivisions, ' (2) Wheve a Municipality j.J.vjkd mto P^^ = ,.^„ ,^^,,1,1. ,„y a «'' -yf J' Hu (2 « V. c. 12, s. 7.) sion. R. S. O. c. W*, s- V / f„„uprs' lists, shall fur- C3) The person P-paring the saidj^^^ta^^^ nish to all persons apply^^S^^^^^^'in^rS^^ Si of theW^ ^^^^S'SS^- the voters' list are to be ,. .. ^1,,. „o,r.P o.ompenaatlQIX.a-'^ '^"P ... /m V n 12. s. 8.) of the ^fiiU3^ ''''tSi^'^7^^:^^ the voters' list are to be for tho sain%^2^i?fm " 1 ll ^3). (W V. c. 12. s. 8.) furnished. H. &. »J. i- ^ ' > I Ballot boxes to be f urni'^beil. How made. Delivery of to deputy return- ing ofticers. Clerk to pre- serve boxes for future elections. Ballot Boxes. • 1 +1.0 nierk of the Munici- 119 Wherever a poll is vequu-ed, the Ue ^^^^^^^^s pality shall PrrUbtT^es a'\hCare Wards or polling (.3) The ballot boxes sW^beinad^^^^^^^ ,^ ^, shall be provided with a lock ^^f ■Xl^.^.i^eed therein, and structed that the ^^^^^If^^rmn unless the box be unlocked, cannot be withdrawn theretro ^^^^^.^^ (3)Whenitbecomesnecey on^^^^^^^^^^ to use the ballot boxes, it ^^^l^^^^^'^ ^ ^^Uing day, to deliver Z^^^ P-^'-- ^^ ^'^ "• the Clerk after the 'I, The ballot boxes, w^-/^^: ^e ItS for the election, shall be preserved by hm toi ^^ ^^^ ^^^^^ ^^^^, Municipality; f^j\^f^ as many ballot boxes as there are ^Z PunglbSU in thl Municipality . ^^ 46 Vic. ididates, if iurer of the it'y of^ oath, lie Collector cal list of — nat is to say iheir incomes 1882-3. MUNICIPAL INSTITUTIONS. Chap. IB. 43 s jicome on or ^ the election, 'H untlcr svib, ^ )n the voters' ^^ f,f), who have s \ their niunici- , teeiith day of 74,, s. 115 (!)• » subdivisions, 'lling subdivi- 7.) lists, shall fur- j^coEies ^hereot >J me manner and/N •rs list are to be :. 12, 3. 8.) k of the Munici- as many boxes vVards or polling durable material, shall be so con- aced therein, and ,x be unlocked. OSes of an election f the Clerk of the lini? day, to deliver Returning Officer the Clerk after the at elections for the the Clerk to have boxes as there are ipality. ^^^ i ■ fur- noi ,- ,f .,,» ricrk fails to lumUh ballot boxo» in the manner IWHy ;;» (., If "1". f 7L 'uji i„cu,- a penalty of SlOO in respect „,,„ b„„. „er prescribed. ^^ ^^ 6) It shall be the ^^^^ "I. . . , suuplied with a ballot „tiicer«to ,vlry Wara or J^^^^'"'; -SeXfmtl^ita^ procure one to be ,.~ J".» box within the ti»"e.Pi^^^"r , , on the Treasurer ot the „ .ued. sSeS;li^^^s}»rr^bfT:::^riaSi R S. 0. c. m, s. IIG. (:W V. c. 28, s. 2.) Ballot Papers. laO. Wbere a poll is re,uiroa.. *e Clerk of the Municipality B.n. ^S. for the purposes of the election. ,,^,, of the duly Content, and ,«v 1- UolK.f naner shall contain the names ot tneuuiv ^^^^^ (2 Every ^^ f J^^P^J,,^'^,^ed alphabetically in the orderot ,^^3,,. ..rxninated ^^^'^^'^f J'^^^^^^^e two or more candidates with r:r=-:t;ln^^e order c. ^■ S 0. c. 174, s. 117. (38 V. c. 28, s. 3.) 1 9 1 Th. names of the candidates for Mayor in Cities, and J>/S!tVa*' 131. ihe namth 01 ui^ Rppvp in Towns, shall not be perHtobe for Mayor, Reeve ™> Snip wlhThe nam;s of the can- P— '■ SS^SrrnritSlors respectively but r,t':f ^f!^^^t^:^ ^ilirs'lSitSion'cr. Sn'^: tSireJ 'rthr^a^ndllttLl^Uennen in the Wara ; Lmes of the candidiases tor ^^^y^^^^^^.^^^^ ^^ard Reeve, and another kind or ««^sha 1 be prepared o ^.^^^^^^ or pollin<^ subdivision, containing the names 01 for Councillors in the Ward ; and ^.Townships T m !• , ,i;.r;rlpfl iiito wai'ds, one kind or set 01 ^j^i^ied into (4) In Townships divided "^^o ^a containing wards, ballot papers shall ^e prepared fo^ all t^^e W a , ^.^^^ ^^ ^^^ the names of ^^^^ ^W«nl c^ntltiing the names of the shall be prepared tor each Waid contaimng candidates for Councillors in the Ward. R. b. O. c. i / , (39 V. c. .5, s, 1.) 133. The ballot pape,. shall be i" «>e form of Schedule A ^J-'^*' n,:„ \.^ R SO. c. 174, 3. 119. (jy V.C. o, s. ^./ to this Act. R. S. O. c. 174, 3. 119 Polling 44 Chap. 18. MUNICIPAL INSTITUTIONS. Polling Places. 4G Vic. ...3 In case of MunicipahUes wl|U.h aro^ Municipali y UT ir..v polUn- subaivisious the ^\''^ J^.^, ,,, cause to be — . , TS l^c^^- '>1-^^'"" i ^^" ;i;^ bm "tUe ballot papers ball-.t i.ai.e», aelivcved to e\ cry i J ^^ , »t.<- , -1. i,.,,rn Kfion prepaiea loi Clerk to fur ninh cloputy retiirnin;,' otticeis with etc t' U.,>t at the r' i^«/ r „ i,"".. »' <). c. m. - l--"'- '•''* for tbe conveiuent use oi ^' ^' ^^' ^' , iM . fnrnishea with a compart- , 124 Kvery polUngplace shall ]« ^^^,^, .ereeued from polling place. K fe- '-'• ''■ ' ' Directions to Voters. 1.5. in case o. Municipal..s .Uv;^^^^^^^^^ saUUvisions, the Clerk ot ^^^ ^^^fj^.e aelivered to every open .>- of the poll, deliver or <^^'^^l[ ^^ i,,te.l directions, Xpu f Keturning Officer such ^/^^^^^^^^^^ aeeui sufficient, For he guidance of voters ^"jf^'g;'^:, leliv'ered at l--tj^ V. c. 28, s. G.) >i „.,,,„. 1««. Ev..y Deputy Ko—Offic^ ^"*- Sr he ° ame before the opem^ ;^_ « gLS^e for 'pTntert direction, to be placaraed "^,, J^^-^^^^ Uich he b appomted » ''° ■3,|ni,cy remaio so placa>.led otHhepoUingplaceand ^U^^ (,S V. until the close ot the poiiiUo. Voters and Defaulters Lists. • , , i^r Subject to the provisions of ^ ^^^^ ^JS the pioper li^t of vote- to ^e used^^t^^^^^^^^^ ,,^ «l-^'°"- first and sec .nd parts «f ^ho la,t Ust ^^^^ ^^ ^^^^ ^ Judae and delivered or trans mttcd to t, ^^^ , , o . under " The Voters' Ms Act K S. O. c. ^.^g ^•^' '■■ c. 12,s.20.) -' • Clerk t^ 2, Mw^ 'Zut UMsi v^..^>«^^ i 4G Vic. 'i(l('' OiHeer s. I'-iO. (:^S I a compart- veened from o1 the Mnni- V, to see that uicd at each S, s. 4.) ^vds or poll ins ill, before the rered to every ted directions, eeui sdthcieut, ,1 at l(-ast t eii_ ■ ions shall~Hc 3cordintj; to the r4,s. 122. (38 lef ore the open- red such printed ^, if he did not poll, cause such ^^oUinsJllace for ry compaxtUiiili^ lain so placarded t.s.m. (38 V. ^ee next sections ction shall be the ^s cortirted by the jlerk of the Peace 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 45 .',« IT M.« first election of a new Municipality for which f;- «;;*;^- ^'^^ For the t'^rst^ckcuo^^^^^ ^^^^^^^ ^^^^ ^^^^^ ^^. ^,^,. ^j^,,^,,^. ^^^^^;^.^,.^,.,y. 1'^S. For the first «l*-'«t^°"°; \"";;:\\\':'X^orthe Munici- *'"""' """ tl--e is .no separa., -s^^sment n^, U. (^rk^^^ ^.^ f f9§ tluMv is no separate '^^r^"^"^; ^^h n^hi" < )mcer withaa^oU pality shall prov.de each > ' .^>, J ,^^ '^Sch-Ude C to this Act Lok, ,,re,);,rod aceord.ngj^.^ ' 1^^^ Dep^ Heturnin. SE&^ii^M--^^^^^^^^^^^ th.-rein ent.u-, in the ^^^^^^^^^^^^^^^nf^ n^^^^ erso.i otlerin,' to vote, and P-If-olunu.,u. names o^^^^^^ at the request ot an> cauoi ,,pn(.s to his name. ^R.'i^a"c. TtI": ;^-.. ''(r ;.« v! ":;«; rt, ^i v. . -^^ ,. « ; ..../ .'3!*)'V. c. o, s. i').) . .,a UM V > nnv territory is a.hlod for nuniicipal purposes, VoterB^^ lUt.^^ 129. Whereany tenu ly ^ ^^ ^^.^^^^^ a.Mi- ^^ctiou h4. to any City, Town, or \^Xc\^^ ^^^^ii- ^^ith addi- tional territory is erected ^ ^^l\^^^^ ^,,. ^,^,,,,1 new Village tional territory is erected i' ^*' ;^^\';';^;: ^^,..,. ,,, ..^ters' lists in- is t^n.nied and an ^1^-^-;^^^^ ^ i j^i to vote hi such terri- cluding the ^'!^''''' ;'^ ^\Xr^Zc\. lists are certified by the tory are made out or ^^^:^''''-^\^ (.[,,1, of the new or Civt J;^;!^-,; r'v 11 :^iuai -tract the names of the enlai--ed City, Ionnu, oi ; ",",.. j, t,, ,,,,te in the territory several persons who wou d b e 1. 1 t ^^^^ ,^, ^^^^^^_ ^^ composing or ad.led to (^ \7 " r^ ' > ,..^te from the City, Village it: such tevntory had urn a u^sq, ^^^^^^^^ ^.^^ ^^^ Town, or Village., froui the last d o cu the Municipality or J^-i.^^^^ !-M'Trvtlt.i^^ uchtei.^^^^^^ ^tll'n 1^" -';^-'-tary lists (as the case may be). \,Su.ilistsoi..^leu..aryl^ ss.lG,17.) ,S.c3(JV.c.48.s. /9. by the County Judge |"^ «^ /J^ [, ^ ' '^^i ;, o!>ened, prepare of the Municipality shall, betort t e pm ^'ov any and deliver to the Deputy ^^';""/;'Y^^,f;?;,*rof Sah^uLe C Ward or polling «^^ >^^^^;\«^«^;' ^^?^;^^^S^ to this Act, containing ^^'%''^'^'J\^''';^^^^^ assessment all male persons appearing by the then l^st i evise . .oil t^rf^ed to vo.; in thatWa^d ^V^^^^^ •I- .,„,ln^ Ilia hniid. w r i tingu nder l iis hand. (2) In the case of (a) Income voters, and Persons in arrears for taxes shall be ., , excluded from (p) list. QiZ/U-CXyi Chap, ii^- MUNICIPAL INSTITUTIONS. H eO-OiL'L Delivery "f cii\)if« >'f aii(\ .li.-f iiulters liHt to ileimty rtturuiui? officern. 40 Vic. ? r, Ti^S oxoU.ae from such 1'*^^'^^^ ,^,„ .leiault tov not ,,„.,„. i;a" I"; ' „(. |,.co,nl-r F«"=''V^„ ,,,,,,„ voters' hst ,.8, 39V.«.5,»».0(1)..>.) ,.,,„,<, .livi.lcl mto I section ll« ot ^'": - ^..^ 9.) See 39 V. c. o, s. o ^-ij- ,, . ' i-iS The ,lefaaUe« 1M» t-f Sl'to ^'ovtlc/co .on ;;,*,.»tyj-«„ 'S, tlie Deputy Retuvnmg 0™^'" \ person. c\ann,ng o K';i;S Sir payment \^^;^r^i:^ "«1 V-l-'J' 1%'":. °' " ""■ ™r"n>2w i,'S^ US ot tUU Act. K. S. O. c. .74, 130 (40 V. c. 12, s. U.) Clerk to give cert'ticate of dates of re- turn and nnal revision of assessment roll. Fee for cer- tificates. Penalty ior neglect 134 TheO,e..o« *e Muni.paUty sWl «- B:; :S&'=t» w. «naUy .ev- and 40 Vie. ipaVity Ims this Act, as may ^o ult t'ov "ot , or bct'oro ction ; and voters' list liviilod into lunicipality VI ty Return- ion, a <'"\\y, curtitii'il to nl or polling ictions; and poUin«? ^nh- pursuant to 40 V. c. 12, s. } last section Maiucipality, if fi.cd under ' the Clerk of i six cents for L.S.O.c.l74,s. verified by the lie evidence on in ascertaining )ns claiming to property, in the I. S. 0. c. 174, 3. Roll. before the open- livcred to every ■h may be iu the tie day when the ,0 be used at the lor, and also (2) of finally revised and jate upon payment 311 applying for the gleet or refusal. 1882-3 MUNICIPAL INSTITUTIONS. Chap. IH. m vidi'iice the case rmy bo. «f vnll qluill be understoofl to be finally vc- J'"t"r,')|'j''t,'!'" (4) An assosHment roll sha l > t ^^ ^ corrected I',;, ,„„.i,i..roa vised an.l c.rrocto I ;.v hen it as ^ '^^ "^^ [jj ,„, , u,, .) u,!^;.,- .. ti-Uy - by the Court of Revismn tor thc^^MuU'^^^^^ ^ . ^V.; ^ L';:;.'' of the Countv Court .n case -^J^^ j^.j^^, ,„,eh appeal ,^ , ^, ^ ,„o. inav be iiiaile has eiapstu, 131. (40 V. c. 12, s. 12.) Manlclrames not diM into Wards ^^^^^^^^^^ , :55. m case of ^^^^-^-^^^^^^TJ::^ '^l^'m the Sw^-.to duties which mother ^'^^.«^ ^^ . ^ j^. .y^th the necessary ballot liivisions,clerk Officers, a,.l ^^'^^ .[--^^^^-^ J ^^J marking ballot papers .. j^rfonu papers, and also \vitl the in^J^ , copies of the voters' li^t and a.,,mty r.tMrn- ,rinted Jivectio.H betorcMU n on ul c^^^^^^^^ ^^^^^^.^ ^^^^ ^^^^ ,,^, .,^,,,,. defaulters' list.and certihcate ot t ^ ;^J^^ , ,,^^ ,, i,,,i to be revision of the assessmen '^^J • f '^\'^'^^;," ^.i the Clerk shall furnished to Deputy l^^^u ni g Oth.crs Municipality perform the like 'l^'^ies wit re.pcc^^^^^^^^ .^^ ^ ^^ ^ I, are iuiposed upon a Dep ty l^-tmmn u ^_^^ ^ ^, ^ Ward or i-oUing .subdivision R. b. U. c 1/ , 2H,s.9;40V.c.l2,s.U(2).) TV/icre Electors may vote. o^ r ^r „n,l rities every elector may vote in each Vot.ngm W.:..','^.'wS;irl trjal,. L U,e nee.... ^r^-y .... S O c 17+, ». 133. (30 V. c. 48, s. 80.) l«r In Township, .n,l in-P^I^SX llitS ^- sF *"^ O c 174, s. 134. (36 V. c. 48, s. 81.) 1 S8 Every elector who is entitled to a vote in more than Whereper..n« l,-5». hivery elector , ,j ^ f,^^. Mayor in Cities, ^^ ^e.ve, one Ward or polling ^^^'^^V^;,*;'' ^^^^Jeve i^ Tow.is, and for and deputy t^rrfi;:rj^r. wt; H .. vo..ana..e only. R. S. 0. c. 174, s. 13.3. (39 V. c. o, o., • Tr»wns Penalty for 139. Any P--"wh» vou, fo. ^:^^:^-::::^,\.,^ ssj::;- or Townships for Deputy Keeve, ditc o ^^^ mi P 48 dei>uty reevo. (-jctirtcftto t" i.iitiii-^ t\.'P"ty rtilurninn ,.rti<'''i'^. 1";'' ttt.'Hilt-' til vote whev i*ta- tioiieil. 40 Vic. nu IS MUNICU'AL iNSTlTU-noNS. Chap. i». , polling,' place „ Reevo or Dein.ty H-'VC at -.no o ^ p^ ^^^ fov Mayor, Hcovo, or . p,,„alty ut ^"^'V,. ^„„ f,,,- the at that election, f'^ 'Xy Jy p.rson who ^ ' ' . .^. .lector eutltleaoN^-O Ri^ht to viito on j.roilucti'in „J uertiticate. W\io to aditiiuister oath. wise V)e entitled so to vote. _ ^^^ ,^u. ■ 4.,ti,>n where he has beui app ^ absence ot the be taken by voters. H- ^- ^- ■ Division V.-The Poll. BnUothoxtoheeMit^ Se^UX.^^^^^ Duty of DepiUu i^'^'!^')"'^oll H2-U^. WJ^Jxay he fvesent %^i folh'ig V^'-^<^'^- ^ Counhng 46 Vic. ( rccDVtiietl, ^\w for the ,fii)\ti either qucHt of any i-es, who has Jlork.or who itiMul at any itle.l to vote, is cuf'thMl to ione.l iluring statf the j>ro- 1^,. is entitled „,p,itvRctnrn- , vi;^ht to vote iii.Ahe polling ,„[i,l otherwise turnln;^ OlUc-r no snch eoi titi- h poirnv^ phiee putv lleturnin'4 n.aiinn;; '>"i' to Muiiieipahties he wonhl other- ,tin'4 at the poll- Q Poll Clerk ap- e a\>sence of the i maya-lniinister ,'nurea by law to ^;jy V. c. 5, s. 10.) 1S82-3. MUNICIPAL INSTITUTIONS. Chap. 18. 49 141-14!4!. Sec. UC. rk ballot Sec. 148. . 149. Jec. 150.. Counltng 1 Sec. 15i. mtm. Sec. 152. Cnnthul Ike „,le»-tJhjectim»-Statement. bIJ^.^ Clerk D.,nay m.rnin, O^ers c.ul Poll Clerks to vote. Sec. !.»<>. the conuuencenient ot the po , shew t t uauo ^^^ ^^_^^^^^ ^^^ ^ Ins as are present in f-'X u'tile: -W the it an.^ puJe his --S.^e. that it is empty, an. he shall _ ;'^" ^J;^^,^,,^ its being opened and Heal it. . seal npon it in snch a nianne f;^/" P,\\\:^;, ,^,, the box in ^vithout breaking the seal ; '^ ' ,/, ^\ ;'^ .^^ keep it so i::^n:is^;ed:?s:i.^i .. v. . ... lo 14.. Where a,^ person clai...n. to bo entitled to^;^ I- ---^.^ sents himself for the purpose of voting, tUt i^tp y o turm^v,^^ ^^ Oilicer shall proceed as follows: ^ vote. ai,poi,.t.,l to art. . ^^^^^ of such person. • i ^ i. , 1 «il f nlcP the oath or affirmation required Oath. (3) If such person shall take the ^^^^J sections iO'? to to bi taken by^ voters in the -^^^^^^Xfi)^^^^ 10.-, inclusive of this AcJ, the ^^^P^^^^ ;{'^^^^^^^^ name,inthe ;r.Ter or canse to be entered "P^l^y^V f ^ f ^^' j ^. s^^omr or m-per column of the said vo.ei^ list, the wora '• Amnnedr according to the iact. < ) Whcethe vote i» objected - |.y, "J -.If ^^:2r'''"" -. a,l„'t, the Deputy f;^;-;',:» ° i"-^ 'tUeltl' n't, by inting ^, or cause the same to be c""'"- ' "' . , ^ colmmi, the ;:r braSat; t;::^::^ " o^i";^ -;■ the .....e o„,y "'■;:X!!:!i;pev»onasaJo.e»,iaba,bee.^^^^^^^^^^ th eath or affirn,ati..n. an,! retuses to take .he same Deputy Returning Olhcer shall en ei o. cau.e to opposite the name of such person, m the pioper colum ^^^^^^, 4 n rT Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. 1 a n " nv " Refused to vote- list, the words "R'f^'^'»Jl ,t "ote of such person ^#n,v," aeoor,ling to *J '»f ■^*^"it the Deputy Betum.ng ,ffi„„M.„t,..keuori-eee.g.l and . ^^^^ ^^,„, t„ ^e taK.eii ui i^ — —- t;v.rT fVip. ners( keu or reee.vea. •S3SiL^i^i^^^-^^-'^----r^ (C) Where the pr»P^'^ ""'"?' ?iTvoters list in the manner ?„Sro«-i„ftovotehave been made .n^fe^^V^'^^^^^^^ ,i„n his name or mit-als upon the ^^^^^ ^^^„^ „.,;... c, (7) The ballot paper sha 1 be dehve ^ _^^^^ „.p.,io ...t.r. j;^^ .^ Keturmng 0"icer may^ j ^^ ^^ ,^.^ KS ;t.«» shl^ either personally or througi.^ ^aa^L_^y„„ j,. raSf-. t^o th».v?J=,^f »r'T38 v! e^ 28 s. il.) S. 0. c. 17-1, s. 139. 1«. Every Deputy ^^"^S^^^^C:"^ ,ii: i„ .inn h s uauie PC initials uij" ,—-»—-— ri„n li-2 143. Every Deputy R<'t»™;'f..Xupon theW "^ 'he SrJ?a,,r omitting to sign his name oUB^up_^ ^._^ .,»,, ..., baUot paper, as pro.d«l t- by ^^,,„„ aggriev_ed^by^s.ich i-c- ballot papiir. ■ of this Act, shall forfeit to any pe oo ^^. ^^,^ ^^^j t fusal, or omission, the ^^ylf^;Z\l\lu, upon which the paper deposits at his P^^^^S^^^^'', j^^t si<^ned his name or Li^l Deputy R^t-r'"S,^,t L^e'ray ^ recovered in the ^r ;jSt th^^r :r:^ P-Hies by section 212 of this Act. Ne-w. 144. The Deputy Returning 0^- ^J.all ^ac,o, or^^^^; l:Sr.&TfS»*To^^ I;, itial, opposite the nanio b.ll.it p.p.r. ciUor as the case may u , denote tnat tlio ' /' P>»- ,. of every voter receiving a balhit PJ<-J n,,^,, Alder- .,.|^/. '" voter h»re--d/^X°^l^^^^^^^^^^ ^ «■ »■ <=' ^^*' ^• Deputy re- C*'<-C''' Markitii,' lot paper, i I I ,,. 145. Uponreceivingfromt^eD^ut,— ^^^ ballot paper ^^P^^P^^'^'^^^.J '2^^' co npartment provided for .same shall t'o^th^vith yixjce d .„ o th^^^^^^ ^^.^ I ^^^^^^ the purpose, and shall ^l^en and t^^^^^^^^^ in Schedule in the n>anner mentioned in the ^hrectons ri!,Tht-hand f side, opposite the naij ot any ^^.^.^.^^ ^^.^ |, to vote, - f -y/S "u^^candidate, and he shall then rontams the name oi ^ conceal the names ot ^^^ ^-" nown t^?uyT-> the n^aiij . the 1!M ^ 46 Vic. "Refused to ■ such person ty Returning e same to be )0. jrson so claim- in the manner 5i(Tn his name ii person. upon request Clerk , explain of voting. R- ing, or wilfully le back of the ~"ot section 14' 2 /ed by such re of every ballot ipon which the ed his name or t-ecovered in the 3 by section 212 place, or cause leaded " Mayor,' m," and " Omn- )oslte the name denote that the r Reeve, Alder- L.'S. 0. c. 174, s. urning Officer the 1882-3. MUNICIPAL INSTITUTIONS. son receiving the .ment provided for c his biiUot paper tained in Schedule on the right-hand r whom he desires e division which iv\ he shall then ceal the names of ace of such paper, Deputy Rstumin^ without delay, and so dispiaying_ the .n the names of the candidates Chap. 18. 61 candidates for or against whom he has marked his vote, deliver such ballot paper so folded to the Deputy Returning Officer, who shall without unfolding the same, or in any way disclosing the names of the candidates, or the marks made by such elector, vei-ifv his own initials, and at once deposit 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. R. S. 0. c. 174, s. 141 ; 43 V. c. 24, 3. 4. (38 V. c. 28, s. 12.) 146. While any voter is in any balloting compartment for Exclusion the purpose of marking his ballot paper, no othei person J'™' ^^'^°*;"f shall be 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. R. S. O. c. 174, s. 142 ; 41 V. c. 8, s. 19. (38 V. c. 28, s. 13.) 147. No person who has received a ballot paper from the Voter not ta Deputy Returning Officer shall take the same out of the poll- J^^gM ing place ; and any person having so received a ballot paper, p'SiIHg place, who leaves the polling place without first delivering the samo-_^ y 7 - to the Deputy Returning Oificer in the manner prescribed, shall 'T^'iTly^C.iy^ thereby forfeit his right to vote ; and the Deputy Returning ■ j/^ Officer shall make^an eri.iy in the voters' list, in the column for remarks,to tlie effect that such person received a ballot paper, but took the same out of the polling place, or revurned the same, declining to vote, as the case may be ; and in the latter case the Deputy Returning Officer shall immediately write the word W a . "Dedincr upon such ballot paper , and shall preservejl ie same ; c^c/t <■ anTTii'case the'~Clerk of the Municipality is not himself per- forming the duties of Deputy Returning Officer, the Deputy Returning Officer shall return said ballot paper to the Clerk of the ^lunicipality, as hereinafter directed, il. S. 0. c. 174, s. 14.3. (38 V. c. 28, s. 14.) 148. In case of an application by any person claiming to Proceedings in be entitled to vote, who is incan acitated by b lindness or other case of incapa- . ' — ~, — r— ,7 r^ ■ : *• e city to mark physical cause from marking his ballot paper, or in case or any ballot paper, person claiming to be entitled to vote who makes a declara- tion that he is una, ble 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 ]iaper in manner directed by such person and shall place the ballot paper in the ballot box. (2) The Deputy Returning Officer shall state or cause to be stated in the voters' li^t. by an entry opposite the name of such person in~^ne proper column of the said voters' list, that the vote of such person is marked in pursuance of this section, and the reason why it is so marked. ! c^C. ^ 7 il k MUNICIPAL INSTITUTIONS. 46 Vic. SI ballot m^\TZ^ Z't F-"*r"T,° to incr Officer at the time ot votm„ V°c. 28,s. 15.) 149 A person claiming to be en^^^^^^^^^ Proceedingsin ^**'- ^.i^ jealt with lus ballot P^P^ , ^ per, may, on rasebaint inadvertently ued-n' »_ , j^ hQ,\w\> y^v tiinpr ^Ixiiveretl vm, ai^^ ^^'^^ ./ "'^//.-J" unon such ba llot paper so dehvereu i, -(JanceUed "P" p]rrir-3fthe • . iwnollin" no person ahall 1 r.o Durin.' the time afpomted «»' P"^"^" ',„„„ place -irf he'enSlS'L P-'rl'^Uair:]^ "'^ll^ ^Uuon to his a-i»t--;; , ^tP »"■ '«»"'f"?h thereof "i:r:::raie'fSrn^^^^^^^ which has not on its ^^ck t - name o ^^^^ ^^^ ^^ ^^ ^he Returning Officer, or on which m .^^^^^ '^f'^i^^u ■ elector is entitled to give or o^ «^.?'iHu initials or name ot ^^^^^^^ ^^^, ^^ter can be identihed, shall . Counting- the votes. Eejected ballots. ] 1882-3. MUNICIPAl. INSTITUTIONS. Chap. 18. 53 incapacity to chedule E to aiming to be 3 the Deputy aearly as may r to this Act, eputy Return- 4%. 144. (38 vote, who has ;h manner that >aper, may, on le ballot paper be fact oi the iity Keturniiig •e of the ballot iug Officer shall oon su£h_ballot le Clerk of the aties of Deputy cer shall return )ality, as hcrein- . c. 28, s. 10.) cr no person shall ay polling place, twntsauthorized. ■f^lHofthetniie all times be law- ,ve present or to ie, any police con- ntaining or.le", or uiy breach thereot, lay, in the opinion acting the polling )t this Act. R. ^• )oll in every polling in the presence ut .ndidates or of their )allot box, and pro- b^ r which votes are given for a greater number of candidates for Tny office than the voter is entitled to vote for sha be vo.d as recrards all the candidates for such office, but shall be good as regards the votes for any other offices in respect to which the voter has not voted for more candidates than he i« /^jt^tled to vote for. R. S. 0. c. 174, s. 147. (38 V. c. 28, s. 18 (1) ; 40 V. c. 7, Sched. A. (1G9).) (2) The Deputy Returning Officer shall take a note of any oMection made by any candi.late, his agent, or any elector ^{felTed to be present, to any ballot paper found in the ballot box, and shall decide any question arising out of the objection. R. S. 0. c. 174, s. 147 (2). (39 V. c. o. s. 11.) (3) Each objection shall be numbered , and a_corr£Sj2Qnfe lumber placed^njh^^ ^"^'^"^'^^ wthe Denutv Uoturnin g Officer. R. b. O. c. ] — 'Ti).) ^1 I and any ballot paper! tials of the Deputy j are given than the L uiything, except the / Officer on the back, -, an be identified, shall any ballot paper on *' which ' j and Jnitialed 174. s. 147 (3). Deputy re- turning officer to note objec- tions taken to ballot papers at the count- ing, and number objection and ballot paper to correspond. C. O, S. Endorsing ballot paper. (4) The Deputy Returning Officer shall endorse " i^g/ecfecZ on any ballot paper which he rejects as invalid, and shall endorse " Rejection objected to," if any objection is made to his decision. R. S. 0. c. 174, s. 147 (4). (38 V. c. 28, s. 18 (2).) (5) The Deputy Returning Officer shall then count up the Statement, votes o-iven for each candidate upon the ballot papers not rejected, and make up a written statement, in words as weU as in fi . ^<^» ^■ ■ ^ '^T^rft^v fhe close ot the pouVau, -..ii^if^i^Sfef^irhirs^^ Deputy re^ turniiig !'™- car's after .- counted. Declaration by deputy re- turning oftcer as to use of voters' list. Packets of ballot papers etc., to be de- livered to the clerk of muni- cipality. the name of the l:>epuiy j • ^ty ; or polling subdivision and ^^^ ^^ (,,^Thestatementofvotes given for each c (6^ The used ballot pape" 'i? ana have been counted ^^^^^ ^^_ ^^^ <^ ^"^.ISl'tvrC—^V the Deputy Ketu.n,ng Officer; (d) The rejected ballot papers ; (;) The spoiled ballot papers ; ^) The unused ballot papers ; ^^^^^ ^^^ ^ A statement of the ^^^^^^^/^^t^ Officer under the (2) Before returning the .f ^JtSn-^'otHeer^^shall'm^ the Municipality the ^^ CleS or a ^Justice of the Peace and subscribe before f^f ^^V'l'''^^ ler 03^ that the vote^^ StbePolUaSik, his 4ecte»J«^^ ^^^ that the g^^SffilJhfi-man^^ ^.ere correctly ^^^^^i^^^n^^ 'tL shall be n the form ot Schedule made; which ^declaration shall d ^^^^^^^ ^^ ^^^^^ G to' this Act -^;, «^^trs' li^^^^^^ declaration may be ^cten anf tiLtint-nce of the ClerU. by any elector of the Municipality. if npvform- (3) H the ae.. of the M-paJity -» hun^J-^ P^e*™ o™et!lerk of the *>"'"l'tt; Xdl del v-.uch paeket, to owing to illness o"*;"^ «^X purp" - ot deliveving the same a person chosen by him ^^ tM P P^^^ „„t,i«. election. . ^^ Municipality shall c. 28, s. 22.) Deputy returning officers, etc., may vote it qualified. q -jq^ s. i'^-) , 1 5, In ca.e by reason of riot or other em«gen^^^n elec^ interrupts by J commenced and Letoie tne law ^^^^ ^^^^y XrJr Sfng Offleer, or Deputy Ke^»rmng 0«;-'f„„„„i „ day at sunied. . 1^ all hold or resume the e ecwuii ^^i^ue the same Jfc hour of ten o'clock in the ^PJ^^^^^^'^^^^.^l the poll has from da- to day, if necessary, ««^/«"; J^^ th free access to been opened withou^ nter^^^^^^^^^^ .^ ^,, ,, t a voters for twelve ^onv^m^n^ or ^^^^ ^ ^^.^ opportunity to theelectoi^sointendm^^^^^^^^^^ vote. ii.i3.^.^-^'> ^^^ — • ««; ''f ^-rCthe -re ire'ncSSruljhave prevented for fourth day from the day tne sa ^^^^^^ ^^^^ Re- bklXb^f commenced, been ^ept J^n^^J^^^^^^^^^ as the case may Surged, and ^^.^ing Ofhcer, or ^«P^^y^^;;'^"^s efected, but shall return his a new election ^ ^jj ^^^ .gturn any P^^««^„^,L foUowincr day to the head "'^'^"'- voters' list and ballot papers on he io^l^J^^-^^^ ^ ^^t having li the Municipality, e-^^^/^^S *^^^^^ take place, and the been an election ; ^^.'^^^^.^f^^l forthwith issue his warrant head of the Municipahty sluvll to^^ ^ ^ ^^^ ^ ^4.) See also therefor. K. ^.yj. ^- ^'^> ■ sec. 180. -L W r1 ,eale.l packets °« "lot pape.s ^,t J^^.^^^^ ^^^ ^^^^ the number of votes given lor "^ , ^g^ioxisiy declared, respect whereof *%!'«*"" ^rn^^h""'^'""^^^ together with the votes appof™^ ?J; ,, f„, the candidate, and returned for other Wards ^ ^ gj^f^ J^^ ^Hall, or if there is shall at noon on the "ext lay, at tne lo ^ ^ no Town Hall, at some othe putt^ Crthe largest number elected the candidate or candidate imv. =3, ^ ,,!«,, 2„.) of votes polled. K. b. u. c. k*, »• if^Q, 46 Vic. n appointed )sence or in- qualified or poll, give a ) decide the jipality shall ipality. See employed a,s erwise quali- 152. ('38 V. ;ency, an elec- errupted after lereot", the Re- the case may lowing day at iinue the same bil the poll has free access to I order that all opportunity to 3.) the end of the or should have I hours, the Re- ,s the case may shall return his day to the head lere not having e place, and the sue his warrant s. 24.) See also ,ch of such Wards fs and statements have been so re- ening any of the n said statements ,e for any office in •eviously declared, ,ements previously ihe candidate, and Hall, or if there is blicly declare to be he largest number 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 67 ^^c cr^ oloo+ofl qViall make the neces- Declaration 160. The person or persons so elected snaiimaKB anda«su.np. Division VI.— Miscellaneous Provisions. Disposition of Ballot Papers Sec. IQl. Inspection of Ballot Papers. Sec. 1G2. Jifimvnf of Votes. Sees. Ib'l-lbi!. , cf ipk Offences and Penalties. /Sees. lOO io/. „ ,po ,7(^ lecrecy of proceedings at pdhng places Sees. 1G8-170. Camlidaltes may do Agents' duty. Sec. 171. Non-attendance of Agents, ^^c. 17^ Computation of time. Sec. 17 S. ^ .^. Technical objections not to prevail. Sec. 174. Expenses of Clerk of Mamcipahty, etc. Sec. 17o. 161. The Clerk of the Municipahty shall retam for one Ba^^^^^^^^^^^^^^ Jl all ballot ^--^^ZZ!^1^X 'nd - Serrrss' le' wis^dire^ted 'by ^an order of a Court or Judc^e o^^^^^^^^^^^^ jurisdiction, shall cause them to be de- Judge or con 1 J ^ witnesses, whose declaration fhaTthev have Sess'd the destruction of such papers shal be take^before the head of tl- Municipality, and filed a..ongst the records of the Municipality by the said Clerk. R. S. O. c. 174, s. 157. (38 V. c. 28, s. 27.) 1 63 No person shall be allowed to inspect any ballot papers in the custodyTthe Clerk of the Municipality except under in "^^5"^^7/p^,, . „.. j^a^e of competent jurisdiction, to be ^^" T./J the Surt or Jud-e on being satisfied by evidence To h th'at'tJie^inspeSion or production of such balloM-pers k reauired for the purpose of maintaining a prosecution tor an oCce in relation to ballot papers, or for fe purpose of a ;Sm questioning an election or -^ui^ and any su h W^^^ for the inspection or production of ballot papers shall obeyed by the Clerk of the Municipality. (2) Such order may be made subject to such conditions as to persons, time, place, and mode of opening o^ mspect^^n a^^^^ Court or Judge making the order thinks expedient. R. b. U. c 174, s. 15^. (38 V. c. 28, s. 28.) C^) In case it is made to appear, on the affidavit of any JdiHe person to the County jidge of the County in which he MunFcipality is situated, at any time v^^^J^^J^j^f ^f^^t S from the time the ballot papers are received by the ^ le^k ot Ihe Municipality, that an'y Deputy Returning Officer a^ any election in such Municipality for Mayor, Alderman, ^Reej^e^ Ballot papers to be inspect- ed only by order of a Court or Judge. Order may bo subject to con- ditiuna. Re-count of votes by the County Judge. I MUNICIPAL INSTITUTIONS. 46 Vic. Deposit by applicant. Who may be prertent on re-count. Opening of packets. The re-count to be a con- tinuous pro- ceeding. Procedure on re-count. Chap, lo* . counting Deputy Reeve, CoundUc, "^ W:!";'^;,;^ "anybSlot ,.apev, Ebr'o/'rre'a-^;-^.«..ic,,,.ew..oeeea to ro-oount the same. re-count, tlie appli- (4) Atthetimeof ll.eappl.catjt^^^^^^^ s1U^t;s - p- s:? - c,«. .^a... t,. o.e. of the Judge. Municipality with (5) The County Judge the Clerk of ^h ^Mumc^P y^.^^ t Jlllot boxes, and eacl. candx^-^^l no otherperson except to attend such re-count oJjot.s ^^^^^ ^^ present at such with the sanction of the County o re-count of the votes. ^ County Judge ^0) At the time and 1^-^^^^^ fo tu" ^^ received shall proceed to re-count all the vo es or V,^ ^^^ by the said Clerk of t^\« ^^^^^^^^^^'AtJnd or in the presence of oUhe parties aforesaid, it they attcn:«otr I :"U or ... pape. ana documents. ^ ^^^^ ^^^ vote as (8) The County Judge shall proceeu t,o follows: 1 He shall examine the ballot papers. ,. Any ballot paper on f^^l^^^^^i^Zi:^:^^^^? dates thL.are to b<'^jl'>=,^f ' " °^,tarn^^^^ oker « the back name or initials f *« °S fte voter can be identifted, shall ttrand-rnof Stunted, but any ballot pap« on ■■•*k- wl 46 Vic. counting lot papers appoint a \'riting to U proceed the appli- rt the sum es and ex- it, and the [, the order lality with i appointed rson except sent at such ,unty Judge ers received the presence presence of t containing 1 objected to zh. have been the Deputy I) the spoiled \ re-counting m which any I. cable, proceed illowing only and, on other aid agree), the ,d nine on the he said County icuments relat- s seals of such jeals, and shall uch papers and unt the vote as n to more candi- ,hing except the ^cer on the back i identified, shall ballot paper on which 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. wilh'votesaregivenforagreat^numb^ -jSs^t^^c^^S--^^^^ rrJ\:^n:t^-rL^^^^^ "rTirCounty .ndgphaU t^^^ n.ade by a ca^a^date or Iw his^ent to an.^^^^.^^^^ J^^ i^:i|S;':nd^t 't The County Judge shall then c«^'e^^S fo/each candi- ,^^ ^^^^^„„ ,„ 46 Vic. idnct, un- art either ng bad to owing the lom it has the whole md accord- on solicitor >aid hy the 1h and chat- ing therein e amo\mt at lereof. Neiv. iction by the is possession of the doca- •ected by the ihe document ent appearing )lerk, shall be bated to be by I. c. 28. s. 29.) , paper to any aper other than ) put in; or lace any ballot an, or otherwise ,t papers then in offence specified .his section shall ity, to imprison- , with or without imprisonment for bhout hard labour. ) V. c. 1, s. 4.) lilty of any wilful 1 contravention ot hall, in addition to any 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 61 any other penalty or liability to whi.h he m^^^ ^■^8.Everyomc..clerl.^a.enUn^^^^^^ incr place shall maintain and aid in maiiuaini „ i^^ ^_ ^^.^^ the voting at the polling place. viaces. (2) No officer, clerk or agent, f^ !^^^^::^X::^^:^. interfere with or atten^pt to in e^^^^^^^^^ lfl\lti" polling place ing his vote, or otherwise atoip^ W o^^^ ^J^ ^,^^,,^ ^^y particular ballot paper. (5, No pe«o„ Shan, ^^"^ -\^f^^i:Z:t^ to aisplay lu» tallot paper alter h'^ '>^^ '^'^ ';'^^ candidate or shall be liable on summaiv com icu the Peace, to Magistrate, Police Magistrate, ^^^^^ o J us^i^^^ ^ ^^^^^h or in>prisonment f or any term not ^^'^f^l^^'^^^^^^ y. c. 28. s. 32.) without hard labour. K.b.O. c. 17*. s. io- v 1 fiO The Clerk of the Municipality, and every officer clerk St^tutor^^^ ^^ ovl^nt/au^holw to attend a PO^ng ^a- o^^ of the votes. Bl-l^SHISili^Ef^l^^^^^^^ Clerk of tory declaration otl^eci'^cyy the prtsc^ .^ the Municipality, of a Justice ot ^}^^}^f;J^'^ ^^ ^he Peace other officer, or clerk, in the P.^^f •'.^,;'^^^^XTt he is an agent or of the Clerk of the Municipality and it n „ ^^ of a candidate, in the presence of a Jus^^^^^ of the Clerk of the Municipality, or ^^ J^^^^J /^ . ^^a such Officer at whose ,.olling place he ;« / PP" ^^^^^^^^^^ nentioned statutory declaration ot «f ^^^^^ ^,^^\.^i^;X^^^ R- S. 0. c. 174, in Schedule H to this Ac . or to the ^^^^^^f^^' s. 103. (38 V. c. 28, s. 33 ; 40 V. c. 12, s. U.) 170 No person who has voted at an election ^J^aU i^^^^^^^ ^Xr^is- legal pi^oceXg to question the election or return, be leqaiied ^,,,, ,,, .,,,. 1 MUSICn-AI. INSTITUTIONS. 4G Vic. rliill' Candtflfttes Canm said sections, ,ful authoiity ^ be excUided ; e done on any je done on the contained shall or the nomina- tyor and Alder- ^s and Council- 'l07. (38 V. c. by reason of a ^is Act as to the or by reason of in the Schedules it appears to the ,hat the election )les laid down m istake or irregu- R. S. O. c. 17-i, the Clerk of the erks for printing, rials for marking ;ion of the packets aasonable fees and allowances im-n MUNICIPAL INSTITUTIONS, Ch.p. 18. (38 V. c. 28, s. 3!).) Division VII.-Vacancieb in Council. liy Crime, InsolveMcij or Absev.^'.^^^^^^ (/ao Warranto pro<'eaUnUs^ iS) n ^^urin CI « momber of a Seats to be- Council he is convicted ot itiony , ly^nt Acts, or applies Hoivency, ab- l;llvent within t|!-;;--,"^;\^ ^ . j ^i^^fn close custo.ly^ or ^enco.eto. for relief as an "^'»'!^f .\t use'of his creditors, or absents Inm- assigns his property tor t'^e JgJ^^^ '\i' ^^^^. three months without self 1-rom the meetings ot t^ f ^^^^^^ J,^^^ ^f ^Ue Council entered being authorized so to ^ « ^> ^^^^^ ,,„,ii «ball therehy become in its minutes, his seat in ^h^J- '^^" ^^^ and order Ucant, ami the ^Jj-^^^ '^^/W* 170 (30 V. c. 48. s. 123.) a new election. R. b. 0. c. 174-, s. w .r • ■ .,1 Prinnoil Olio warranto X XT. ,.f nf anv member of any Municipal Councu « ii„^„„n 1 7 7 . In the event ot any me uoc J thereto, or of his l,M^^^ to forfeiting his seat at the Gom^^'V ea i o his seat becoming vacate seat. becoming disqualihe-l ^o^-^^^ ^is «^^^^^^^^^ ^^ ,hall forthwith vacant by ^ii^'l^^abhcatono, other ^^ ^^^ ^^ ^^ vacate his seat, and in the ^v^^^ ° [ ,,,^,anto to unseat ti.ne after his ^l^^^ion, procecmn « yj^,^^^ ^^^. ^^ ^QG, both any such member, as provuieu y ^^^^^^ sections inclusive, of this Act, ^'7^^^^,^^^,,","; ,^4 app^y to any such shall, for the V^^^V^.^^'^ '}\'lf ^^^^^^^ °R S. 0. c. 174. s. 171. forfeiture, discpiahhcation oi vacancy. (37 V. c. 10, s. ':.) of vacancy by death or opnerwia , „._,,:,.pa bv a majority Vacanciei-, ?L memb'^rs'of ^^f Council an^^^^^^^^ ^elTa speLl ^n^eting W tilled. of the members oi the County CouncU c i^ ^ ^^^ to till such vacancy. R. S. O.c. 174,s. i/^ v ^g^ in I' Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. 0* -""^P-^^" . 1. for one or more Wards or necessary ^^^^f ^^^^^^^^.^^^ t^ Council caused by '^^^'S^ ^ Sh]:^Sd:ss..orc^-i-te^^ being vaca-u , the^ ^^^ ^ ^^^.k, one of the ,,- ^^ ^^ ?"*0«ce« and Deputy Beturning Oth». ^PP" ,i, fe. SI S:«on J the ^';^u-eg.»^^ ;,:-^,„iy .%oin^d » l«l The person thereupon elected snau ^^ ^^^^^^^_ Tennof office 1»\' ^^^.^Ig term for which his F^decesso ^^._ of person the residue ot the teri j^ ^_ q. c. i/ *, thereupon . which the ottice 13 lO uo elected. ^r loi y» .^ „ lorM (36 V. c. 4)8, s. i^"-; Warrant for new election ; i V. c. is, a. 12U.; ■ If- refusal as atore- 1 83 In case such "on-election neg «ct ^ ^^.j j^^ ^^y saK" Previous *» *« -H^^ron la.l be --d by the nottoi.ro- neglect or ^^y^;,'; Council, P^'ovided a nujori ^ r vent organwa- ^aiiization ot the new y Council. R- ^- 0- c i/*, »• ^'" tionof council, or^^^ ^^ ^^^^ ^^^^ ^^^^^^^^^ ^^ the Oounci .taee te the non>inat,on ot «»f >*f^f„^, ,„„,. polling, pof "V Eanded, shall, at least tout days It ^r^^^ „, j, a Public notice th«r'^r'ji\,Xa V' ^^""^ " ^ '"" "n,L public pla.es m the Mu-cp^^^y^ ^ ^,^ ^ i,,.) division. B.b.0.c. „.,, election, the elector. 1 84. In case, at any annu^d or »* « f f „; , .,«, „,g,,„t ,.r«,.i ■■ ."any cause not provided 'o' P^ '■^"^f „, ^ Municipality on .,.- ....mh.J ..' ,' ,£e to elect the members ol *-<»"f ' . ° .„ijer ot iiiembei-», rS'T/ic. Se W.iutea, or ^> el-J ^^ilir hty ^ -for exceed the tion neglected, / ^nembers of the ^onncu \^^^x^y\ty ot such new tlf of the OouncU when comple^^^^^^^ J J elected. the,i members, or if a half ot bucn i majority of them le members for ^^\Vl^:^^\:::ons as will constitute o shall appoint as many qualihea pe complet Mode of ap- . pohicingrsqui site numlier i. 6 Vic. ,rd3 or ing to ilected ,ke the I, or in nation, Jouncil is office ence or •s of the iture of Return- to hold ing sub- jinted to the per- vacancy. LS seat for IS elected, r4, s. 175. il as afore- icil for the ued by the year, or by ,0, but snch immediate ity are pre- 174-, s. 176. niiig Officers it (Fays after t a time and case a poll is Uing, post up it four of the • polling sub- 128.) n, the electors ,r 1.58, neglect unicipality on er of members, [ or exceed the iy of such new ,t elected, then jority of them 11 constitute o complet MUNICIPAL INSTITUTIONS. Chap. 18. 66 1882-3. '"appomteJ shall accept office ^n" ^''VrefuBal or neglect, as tion^unaer the same penalty, m ca ^ ^ ^^^ ^ j^„ , if elected, li. o. ^- ^- ^ ' ' > DIVISION VIII.-CO«aOVEUTED ELECTIONS. Disckdmer. Sees. l'.)8-iUci. Costs. Sees. 201 203, 20*. Judgment. Sec. 205. 185 In case -he right of any Mun^^^^^^^^^^^^ Deputy Reeve or .ieeve. VXroXto^Deputy Reeve to elect. or Lppointment ot ^^fy °^ I ^^^^^^^^^^^ the same may be^ tried Aldeman, or Coimcinor IS cont^est cl ^^ ^^^ ^ by a Judge of the Hig^ Co at ot ^ ^ ^^^ ^^^^^^ .^^ ^^ officiating Judge of the County L.ou ^^^^ ^^^ ^^^^^^ f ?he election or apP^^^^^^^^f.tSy Reeve or Reeves is the a Municipality to a Reeve ^.^ A^^P"'^ ^^, j^ the County may matter contested, -^ /XTontett "specting the validity be the relator and ^^^^^^^^^^^Xany candidate at the election, of an V such election as ^f oresau . any ^^^^,^^^^ ^^ ^ or any elector who gaj o^^^^^'aVpointment, any member of c. 48, s. 131 "^6 If within six -eksafter tl^^ectic^. -5;^-^ aft'er acceptance of office ^^^J^";,:^ ground f or S^d.^f shews by affidavit to any •''^^^^^'^ "> ' 1 q,. ^as not conducted p,oo£required fu;;osinl that t^-tti;:i^rrpe son^a^clred elected thereat according to law or t^^atU%^e ^^^^^^ ^^^^^ ^^^ was not duly electeh ^nd ^t ti^ ^^^ ^ Connnissioner for recocrnizance before the Judge o^ " q -^^^ two sureties tikuvr affidavits, m the sum °[ /j^ ^ ^^^^^.^ ^f to be allowed as sufficient by f^'-^'^^^^ Uditioned. to ustification) ni .t^^^.^f ^^^J I. to pay the party against prosecute the writ with effect or to P^^ P.hom the same is brought any co^^w ^^^^^ ^^^ ^ , ^ , to him against the itlator u f ^^ ^o be issued to try ,,^,,^„_ .summons in the riature ^^^ ^""'^''^^^^^ ,, 180. (3G V. c. 48. the matters contested. R. b. U. c. 1 . s. 132.) "*^' 5 W I 66 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. lap. lo- before whom the used on re- writ of summons IS g^j^mons to be ta^en ^^^^^ Sber£n used on the heamg of th^^^^^ j^^ ^:l voce by fore the Judge ot tiie v. j interested ana ^^^ leave of judge, ^fter uotice to, all pa -p^ -^trar at lo^"^^^ , .^ party shall be entitled to a copy (30 V. c. 48, s. 133.) When the re- lator claims to be elected. ,«8 incase the relator *ges*Wh^^^^^^^ :,tS'ot?e5at„.o.. other pe«o.. B- >-■ « ;^';:::t'ie::erto...o.^^^^^^ »■ "^° , „ ,™ broutrht to try the 190 mere more writs S, ^a Beeror°Deputy Reeve S£"™vamyot -f tStutehtnuthall he -^^ « ^^Y all to be tried -R„pvP3 as aforesaia au ftu». ,, fl„gt, and sucn Ju^'o'^ J by the same or Keeves <^^ ^ is to try the ^^^^ *• ,,i^„^ent upon e:«v..- one or more ot them, (:iG Y. c. 48, s. 130.) py wi= judge. Writ, who to issue, and return day thereof. Service to be personal, iin- less excused by judge. lOl Thewritshall l=VT»,ToLlo° Deputy Eegisttar or Deputy Clerk ot the ftow ^^ ^^^ ^! "Joouuty Soml day named in the writ. '■ "ol The writ shall he served P— ^^ »tl ^r^C i^ wl!!erve':^eepsoutom.-yto.X>d^ service as he thinlcs nt. s. l"^^) ■, -4. Aa mnrlp returnable ,,3.Xhe.ua.eh.ore^o™te^pt.s^^^ R*™!.,.*- 1« it^r,,!" m^y, if he thinks F»P-. ^X- t„ make the SuSr" °;,-i''srnmons/t any stage olthe^^^^^^^^^^^ ,^^^^ ^ ^.^y Srp«. ESLrning Officer or "7 ts?%G V. c. 48, ». 13«.) thereto. R. ». U. c u , ^ ^^ 194: fc6 Vic. om the ee to >)e voce he- counsel h Judge 3 of the nd every 4,s.l8l. ' or some to try the le alleged 74, s. 182. equally to ;ed by one 36 V. c. 48, to try the puty Reeve 3 returnable Judge may it upon p^^'- .. 174,8. 18*. ; the Process Registrar, or hich the elec- e a Judge in County Court J after service, ipon any later (36 V. c. 48, iless the party onal service, m iof, by affidavit substitutional 5. (36 V. c. 48, nade returnable er the issue of a ngs to make the Officer a party , 8. 138.) 1 94: 1882-3. « MUNICIPAL INSTITUTIONS. Chap. 18, 67 . .. f Whom the writ is returned may allow The j««g; -y The Judge before ^^^^J^^^^^^^^^^ and defend, and ^^V,on. t.. in- i.Xi-\^A ff^Vift a relatOl to mteivt-n^ -^lay. tprvene und 194. ineouuyc w-x ufm-+n intervene and aeienu, ^t"" persons i.- .. any person entitled to be a re at" » -t«;„^ ,„a ,„y inter- .-»• -^ mav "rant a reasonable time i" | S to costs like any other ve?i,rg party shall be 'f '« "'g^^'^ f 7^ flSS. (30 V. .. 48, party to the proceeJmgs. B.b.u.o. - , s 140 ) T. i.«l1in a summary manner.upon Statement Jv^g-Ja^^^^^^ 195. The Judge f^l^^J'^^^^"^^^^^^ hear and determine the and answer, without * ^^^^^^ P^V^^^^^^ ^ Reeve or Deputy Reeve validitv of the election, or the rig»^^ ^ ^^ ^h, collec- or Re ves, and may, by o-^er cau.e he a^ «^- ^^ ^^^^ ^^^^^i,^ ^,i,ence. tors' rolls, list of electors, anP W oHs a^t^j''^^;, |»f the udge shall forthwith, by™^^^^^^^^^^ *'i?„ ^^ t,,e Judge ,,«.»..-,, to have been duly elected to o* >™ j' , „,ected, the Judge .J.,,,,,!! determines that any »*»;.r«X™a„"ing such other person ,,.»nrf«.^. 1 ^V Q riminoil If allthemem- ,9r In case the f cti.m c. aU^ tl. mem^^^ is adjudged invalid, the wr^ for the^^^^ ^^^^ admission o new ..t.n tion of new members in their p , ^ ^-^^^ to fill up the^ ^^3. others adjudged I^Sally elected, and an e_^^^^^^ ^^ remaining seats in ,^!^« ^oun il hall _ ^^^^ the Sheriff of the County in ^^^^^^^^^^X causinc. the election to be held shall have all the P«;r^^^\tsTn "order to supply vacancies which a MunicM^al Co^ma^^^^^^^ therein, tl. o. w. c. a* , * d t office, directed to i he ^lei _ ^ ^^^^ County Court Os<.oode Hall, Toronto, or to ^^'^'^''^f^^ tj,, ,ase mty he),ov of the County of ^^^^ (.^^^i, .^ Judge a disclaimer s:?;erbyhhi:;^ot:t^etfoi^^^ ;r. til ft navure of a quo Form. I--I I MUNICIPAL INSTITUTIONS. 46 Vic. Poating and registry of disclaimer. Person elected may disclaim at any time before his election is complained ot. ■porm. Chap. 18. ^ Township n -nnr (or CIS the case may he) tor ^^^, ^^^ "Dated (Signeil) B. S. 0. c. m, s. 192. (•» ,„„tainin. the »me. 199 Such discUtoe,.ov*eenve ope onU-m„^ Jatreo... be endo- on *; ^^^ ,^, ,.«t office .be« word "i)W»»« i^f . 1M° (30 V. c. 48, ». !«■) jnailed. R. S. U. c. in, 4, „ „»rion 000 Where there ha. heen a centered elect,on, the.p ^^ eleSm^at any Ume *' *:,fctrk':f the MuniCpaUty tion is eomplamed oi, delive ^^^^^ a disclaimer signed by h m ^^ ^^^^^^^^ conn- as the case may be), ma >. Disclaimer to operate as resignation. Who to be deemed elected. It: ;Tr:"m::io4, (3ov.c48,s.uo,) 201. Such di.cUimer.haU reiie^the^^^^^^^^^^ .11 IKbilitv to costs, and where a diMai ^j. ^, ^ as the case may be. B.b.lJ.e.i' 20a Every person disclaiming shall deliver a .lupl.cat^^^^^ aS.o Ms7i^lat:7to^he Clerk of teO„™cd,»;U^,^ ^ ^ „ ^ be delivered . j^|,^ith communicate the sau *"'=^"'- 174 s 190. (36 V. c. 48. s. 148.) .0.. No COS. «i - -rif .:sisf tKrf .^ disclaiming, unless the Judge is ^^^^^^ ,, accepted he consented to ^^^^-^f::^ Zll he in the discretion of the office, in wh^ch^case^i^^^eco.^^^^^ (36 V. c. 48, s. 149.) "^.. in .leases not otj^-^^ in the discretion of the Judge. c 48, s. 150.) ,, .05. The decision of the ^^^^^:^ij^. a':n^vjn"diately alter his judgmen^^^ ^,_^ it he b.,..tu,ne.Uo .^^ „ thmgs had beio'e n'n,.^ to rcmamof record «,. court. » . {„„ ^hich the wr,t issn. ^, ^ ^^ „ ^e- PeSrct::i1;"i^eX^^^^^^^^^^^ ISS Ts'.&ts.V (30 V. c. ., s. m.) ^^ Costs against person dis- claiming. Costs generally. Mode of enforcing judgment. .6 Vic. ownship (or as •e of any le same, nth the ;e where le person his elec- licipality ng it from n made in )erate as a jhest nmn- •her officer, ,48,s.U7.) luplicate of Clerk shall R. S. 0. c. person duly such party accepted the retion of the b9.) costs shall be 198. (36 V. , and he shall, ind judgment, arae, into the nain of record as occasion re- atuveof a writ icution for the 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 69 '''■^' . „. . Court of Justice, or a majority The ^e^^^ 206. The Judges of t^f^^^e j m^f of the wrists of sum- ,,. S.200. (30 V. c. 48, s. lo2.) ^„ PnRTiuPT Practices. . TY --Prevention of coRRun Division IX.— rRt^^^^ 1 x: J ^ppt 207, 208. Effect of the conviction oj Penalties. Sec. 214. ^g_ Publication of the iO.W J • u ^rnf bri- Certain pei- nnc. shall be deemed guilty ot bri ce^^ ^^^ Qrt^ The following persons sliauu^ deemed gmity ^1 vf.ll be puntshed accordmgly . - „f ,,Hbery. bery, and shall be pui himself, or Giving money mion anv such by-law ; „xw bv himself or or for persons upon au:y ^;rpctlv or indirectly, py """ ^ influencing I9\ F.verv person who, direcuy u .^^ ^^^j^^ otter, ^^^^^^^ i*M '«' \ 5I I ,!i rjQ Chap. 18. MUKICIPAL INSTITUTIONS. 46 Vic. Cormptly influencing voters. Advancinf. bribery, etc. Voter receiv- ing money, etc., for vote, or agreeing for money to vote, etc. 1ft MUNl^-i*^'^^ — Chap. 18. ^ ^3 aforesaid, or the vote ot au^^ such by-law ; ^^ gift, loan, otter, („ Every P"- -1^- 7::roK>-n wHh *e jn- in taitery at any mumap ;„„, pays o, can ^j son, for voting o^.^f;!?''" such election, or upon any refrain from voting at any lay. law; - - '•- ^- +i^a votin2 Receiving money, etc. after the election for voting, or m- ducing, etc., to vote. Hiring teams, etc. ram tiv^"' — <^ such by-law ; ^. „nv horses, teams, carriages or m Every person who hires a"/ ^j;'" „, electors to and • of co^^ing electors to aud^^^^^^.g^ "^ ' 208 Every pe«on -ho vn voting, or sfrained from ;nt9 or other- nchise of any voter, 1882-3. MUNiriPAL INSTITUTIONS. Chap. 18 n S.202. (36V.C.48,S.lo4.) ^i. Expense, of „,.o r.f anv candidate, nis ^lidatea. y„e„Uhrof^^ (30V.c.43,s.l-. ,. r„„ in the nature of a <,uo """•• SS™,- 210. Where, in an a,,pl.cat>on m *e ^^ ^j_^ '='-«^"^''%S7 "SiSi"-" So™tt tU Act!'affi.lavrt -i'^"- *|;^:.t'':vW.nce take,, o^^u-- °°""'' ' ■ ■ ' ,\ • at any -nunWpal election, who -&» is found guilty by the Jf 5,?- Jb,,y, „v of u»mg ™'^»^^,™fwe as a candidate at --J^^^'^^l^ (3c Y. c. 48, . 1»7.1 after. ».»•■•■ gj,^^g A,ldill,.n»l 313 Any person who i. «Vudged ^,lty %^l,,,^.n.^.^-'- '"« '""'""■ , bv section 212 of thi. Actn...S.»' 313. The penaWe. .np- ^b„>J-^ a, .^y »y ?-»" satisfied, t^- »• • • v^ finds any can- judge to make Division Court for a^^> ^^^.^^^. ^^ ^o the Clerl. o^ th ^_ ^^^^ Act, to "^f <^^ ,^^^L Xuce has been committed, pality wherein the onei ^.208. (36 V. c. 48, s. 161.) ^^^^ „™,CIPXL I»T.TUT>0N3. 46 Vic. Chap. 18- "''"'"' ZwpaUty*aU duly enuy"^ ' al5 The Clerk of ^-J^p^^^pV """-J^^^^^^^^^ of names of .within bis ^^%\^'( ^hc meaning ot secu ^y,o tnea ff.^;iS^^^e.cg^^^^^ the case. R- S- 0- c ^ ^^ attend be^-^e th( Attent\ance of ■witnesses. -*'• rn^r « - -:^ .rent; a;;. ,-«.-:;^ri ^^.n„eh person; ^^^^ no ans^ er g ^^^^ ^ ^^. „ the ^ct, shall brJ^S:e.\t}oany^^^^^^^ r^ei in a»y.P'Ttta wto"''' '^ °f ''■'IndstforesaW, and «>^. If tfr^KCUseton either « the gn^^ „, ,,. Ju^ge. '^^ '■ °- ■=■ ' other than an appli-tio^ » ^^„ -f ».« All proceedings .0*" person tor ''"y ''"L„ {our tur'e o! ,« i.;-» ,^,r,tCZ^ be co™-nf „^J^*\, ..aid irv-o'sr&.f ..._,hvthi Proviso. Xiimitatio"' of actions. iJo statutory penalty for corrupt prac- tices at elec- tions, where the party charged has first prosecu- tell a paT^y. jointly liable. Proviso. Jt IaI B- 165.) ^^^a ^y this :rth:is'p-"t:?;trrsr:Tof*^ :"ted such other P^^™ ^ not apply i" ^J^f^ ij chWd, ^"'■' ''!**'*rpe » claiming the '.en^^^^^^^^^ ,,on .0 £^„^ -arhom tne p^i „,,v.pars to nim !„.,;..n "f the oi -*^n tLetSVp towards the cou™.s»... j^„,, charged took the n IC. in ons ■ of this lied ) the jrdor upon same so to all be same L.S.O. y (jues- in any ly elec- )r in ve- , ground vte such io he ex- hat such ^ct, shall ^ person, J claimed 3said, and he. Judge. in the na- ■iolation ot within four ence is .^aid . the day ot m, s. 212. 5sed hy this , shall be re- j'e at an elec- and another e act charged, or otherwise, na /Lrle prose- ^ {or the said .^e Judge he- .of is charged, bhe person so .;ou of the of- fence MEETINGS OF PART IV. MUNICIPAL COUNCILS. T whfn and where held. U,^. I._WHE!. ASD WHERE HELD. Bemu,«rat«o« to ,ncnb ^^^^^^ ooi ThB Members ot e7«Ty„f "'tin" at eleven o'cloek ° fourth Tuesday ot the sa ^^ ^^g^ ^^(,7.^ P ft 0. C. 174, S. ilo- V' 6va+ Tneet-NobusineBB ^- ^" ;i^" 48. «• 175.) Council, being f^^,^..^ ..oa The members elect of --^l^'^Jlfl, Council when «„, a wUen. '4^3. ine 1"^ , whole numoei ui ^i^-otions, and Kill in i| m (MunlfrlTTTAKB 46 ViO. 74 Who to pre- side at elec- tion. Chap. 18. MUNICir^L INSTITUTIONS. *0 ^IC. 224. At every such election t^.^^^^^^^^ Council shall preside, and if there is no Clerk. th^J^f'T^Vper.o,, selected Lect one of themselves to Fe«^;din,^^y ^^ ^^^ and no person shall be excluded except for improper conduct, „,,en. but the head or other chairman of the Council may expel and exclude from improper conduct V. c. 48, s. 174.) any meeting any person who has been guilty of uct at such meeting. R. S. 0. c. 174, s. 225. (36 83a. A majority of the whole number of members required Quorum, by law to constitute the Council shall be necessary to form a quorum. R. S. O. c. 174, s. 220. (36 V. c. 48, s. 170.) 333. When a Council consists of only five members, ^^^ J^J^^^j,"^^^" °^ concurrent vote of at least three shall be necessary to carry any ^^^^^ J^^^^, resolution or other measure. R. S. 0. c. 174. s. 227. (30 V. c. 48, s. 177.) 234. The head of every Council shall preside at the meet- The heads of ings of Council, and may at any time summon a special j;;;j;^j«j;;' '" meeting thereof, and it shall be his duty to summon a special gp^^j^j ^^gj. meetino- whenever requested in writing by a majority of the ings. members of the Council. R. S. 0. c. 174, s. 228. (30 V. c. 48, s. 178.) 235. In case there is no by-law of a Council fixing the Speciaj^meet. place of meeting, any special meeting of the Council shall be |j"^hei(l. held at the place where the then last meeting of the Council was held, and a special meeting may be open or closed as in May be ^either the opinion of the Council, expressed by resolution in writing, the public interest requires. R. S. O. c. 174, s. 229. (30 V. c. 48, s. 171.) 236. In case of the death or absence of the head of a Town J^J^^^^ ""^^^^^ "'' Council, the Reeve, and in case of tlie absence or death of both to'pJeside!''^ of them, the 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 meetings 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. R. S. O. c 174, s. 230. (36 V. c. 48, s. 179.) 237. Abtieiice of heiut, etc., provided for. _|MT— •"^*"** 46 Vic. Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. IM In the absence of the head of the Council, and in the casto?a 'dvillago or Township ^^^^^^ ^]^ Reeve, if there be one, and also ot the ^^^^P^J^, ^^^^^"^^^^^^^^^^ ^r from Reeves, if there be one or more, by l*^,^- "f^.^^f^.^J^, tt veof. illness, tlae Council may, tr^ a'-' ^ absence shall have ^1^;^7^^^:A^^- R.S.O.c.l74,s. 231. (.SO V. c. 48. 8. 180.) Q'*« Tf thP nerson who ought to preside at any meetinsr Casual ab- 2.i». It the person wnu u n V xu|^„^,^ appointed, seuce provided j^^, ,,„t atten.l withm htteen nun tes ^ ^er the ho i p ^^ the n. embers present may appo t a chairnmn t o. themselves, and such chairman f^f^^^ '''^^^^^ ,,,,^ia have ,. presiding at the meeting a the ab ent^^p.^ ^ ^^^ ^ ^^^^ had if present. R. o- ^ c. n*, »• ■^" v „,^ ... »39. The head of ihe Cour^n ov the ^e-iding officer » vo'-- chiutman of any meeting of any Oouncil, "»y . „,,i„h Q„..t„., . other l-.«ber, on al qae^t»-^ an'^^ nyjt be negatived. ity of votes. 1^- ^' U. C. 1 < t, ». ^ ..,.™,... J40^Eve.^y Co-a -nay aai^^rn ^ n,e^ln^^_^on. ti.e to PABT V. OmO^iiS OF MUNICIPAL CORPORATIONS. Div. I.— The Head. j)jv II.— The Clerk. i^.y Til— The Treasurer. ^iv IV.— Assessors and Collectors. Div v.— Auditors and Audit. Sv Vlfl^Du^ror OmcBKS ivespectino Oaths and Div, TO^-sTak-bs, Tehu«e or O.p.cb and Secuh.tv. ■ S I Who to be head of couueil. DIVISION I.— The Head. Who to he. Sec. 241. Duties. Sec. 242. 9±\ TViP head of every County and Provisional Corporation .h'l be tie ml°n theJof, and'^of every City and Tow^^the 1882-3. MUNICIPi.i. IN. TIONS. Chap. ip and incorpornteil Villapiv 235. (30 V. c. 48, s. n. Mayor thereof, and of every Tow,, , the Reeve thereof. R. S. 0. o. Vfii, 184.) 24». The head of the Council .shall be chief executive officer l>'^,^-^"^f.f'"''^ of the Corporation ; and it .shall be his duty to be vij fo)' not making returns. Sees. 24>G,24>7. _ Returns to be (aid before the LenisJatitre. Sec. 250. Effect on \nunlcip(dities of clerk not snaking returns. Sec. 251. 24.'{. Every Council shall appointaClerk; and the Clerk shall Appointment truly record in a book, without note or comment, all resolu- ;;;;|fjf;'^^^"'' tions, decisions and other proceedings of the Council, and, it required by any memV)er 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 .■?hall preserve and iile all accounts acted upon by the Council, and also the originals or certiftcl copies of all by-laws, and ot all minutes of the proceedings of the Council, all of which he shall so keep in his office, or in the place appointed by by-law of the Council. R. S. 0. c. 174, s. 237. (30 V. c. 48, s. 180.) 344. The Council may by resolution provide that, in case P™"^;;' the clerk is absent, or incapable through illness ot pertorming y^^^^^,] •' his duties of Clerk, some other person to be named in such resolution, or to be appointed under 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. R. S. O. c. 174,8.238. (30 V. c. 48, s. 187.) 245. MUNICIPAL INSTITUTIONS. 46 Vic. Clerk to traus- luit a yearly return of rate- iiayers t() the Provincial Treasurer. Minutes, etc., 245. Any person may inspect any of the particulars afore- to be open to ^^^^^^ ^,j ^g^ ^^ ^-he a-sessment rolls, voters' lists, poll books, inspector. j^j^j'^^lier documents in the possession of or under the control Copies to be of the Clerk, at all seasonable times, and the Clerk shall, wth- furnished, ami jp a reasonable time, furnish copies thereof to any applicancat SrTtc *'""""■ the rate of ten cents per hundred words, or at such lower rates ' ■ as the Council appoints, and shall, on payment of the proper tee therefor, furnish within a reasonable time, to any elector ot the Municipality, or to any other person intererested in any by-law, order or resolution, oi to his attorney, a copy of such by-law, order or re: olution, certified under his hand and under the corporate seal. K S. O. c. 174, s. 230. (3G V, c. 48, s. 188.) 346. The Clerk of every City, Town, incorporated Village and Township shall, on or before the first day of December in each year, under a penalty of S20, to be ])aid to the Treasurer of Ontario in case of default, transmit to the Treasurer of Ontario a true return of the number of resident ratepayers appearing on the revised assessment roll of his Municipality for the year, and shall accompany r.uch return with an affidavit of the cor- rectness of the same m^-.de before a Justice of the Peace verify- iu2 the same in the following form : — I, A. B., Clerk of the Municipality uf the City, Town, Township or Village {as the cane may be), of make oath and say, that the (above, within written, or annextd, as the case may be) return, contains a true statement of the nuuiber of resident ratepayers appearing on the assess- ment roll of the said City (Town, Township or Village) for the year one thousand eight hundred and (Signed) A. B. Sworn before me, &c. R. S. 0. c. 174. s. 240. (39 V. c. 48, s. 189.) See also R. S. 0. c. 28, s. 5. 347. The Clerk of every Towr ^hip. Village and Town shall in each year, within one week after the first day in March, under a'nenalty of 320 in case of default, make a return to the Clerk of the County in which the Municipality is situate, of the following particulars respecting his Municipality for the year then last past, namely : Oath of verifi cation. To make a yearly return to the county clerk. What such return shall shew. P- C 0) O t. 3" *^ c £ "Kb" S45 1. Number of persons assessed. 2. Number of acres assessed. Total actual value of real property. Total of taxable incomes. Total value of personal property. Total amount of assess> d % alue of real and per- sonal property. Total amount of taxe , imposed by by-laws of the Municipality. Total amount of taxes imposed by by-laws of the County Council. 9. 3. 4. 5. G. 8. of 8( al ci 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 79 10. 11. 9. Total amount of taxes imposed by by-laws of any Pro- visional Coun'y Council. Total amount of taxes as aforesaid. Total amount of income collected or to be collected from assessed taxes for the use of the Municipalitj'. 12. Total amount of income from Licenses. 13. Total amount of income from Public Works. 14. Total amount of income from shares in incorporated Com- panies. 15. Total amount from all other sources. 16. Total amount of income from all sources. 17. Total expenditure on account of roads and bridges. 18. Total expenditure on account of other public works and property. 19. Total expenditure on account of stock held in any in- corporated Company. 20. Total expenditure on iiccount of Schools and Education, exclusive of School Trustees' Rates. 21. Total expendituro on account of the support of the poor, or charitable purposes, 22. Total expenditure on account of debentures and interest thereon. 23. Total gross expenditure on account of Administration of Justice in all its branches. 24. Amount received from Government on account of Ad- ministration of Justice. 25. Total net expenditure on account of Administration of J ustice. 26. Total expenditure on pccount of salaries, and the ex- penses of Municipal (jrovernment. 27. Total number of sheep worried by dogs, and the amount paid therefor by the Municipality. 28. Total expenditure on all other accounts. 29. Total expenditure of all kinds. 30. Total amount of liabilities secured by debentures. 31. Total amount of liabilities unsecured. 32. Total liabilities of all kinds. 33. Total value of real property belonging to Municipality. 34. Total value of stock in incorporated Companies owned by Municipality. 35. Total amount of debts due to Municipality. 36. Total amount of arrears of taxes. 37. Balance in hands of Treasurer. 38. All other property owned by Municipalit■«^ 39. Total assets. R. S. O. c. 174, s. 241. (36 V. c. 48,s. 190.) 348. The Clerk of every County shall, before the first day County clerk ot April in each year, prepare and transmit to the Provincial to make a Secretary a statement of the aforesaid particulars respecting p*\VTndaf* all the Municipalities within his County, entering each Muni° Bw^^eUry. cipality in a separate line, and the particulars re(iuired oppo- site < 11 80 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. And also clerks of cities and towns. Provincial Secretary to lay returns before the Legislative Assembly. Moneys pay-_ able to mnnici pality to be retained if returns not made. site to it each in a separate column, together with the sum total of aU the columns for the whole County, an c .hall also make at the same time a return of the same particulars re- specting h\s County, as a separate Municipality, and also of the following particulars :— 1 Number of Public School Inspectors. 2. Amount paid to School Inspectors. a Total amount paid to Sheriffs. 4 Total amount paid to County Crown Attorney. 5. Total amount paid to Clerk of the Peace. 6. Total amount paid for consvable and Pol^cc service. R S 0. c. 174, s. 242. (3G V. c. 48, s. 191 ; 40 V. c. 7, Sched. yl. (173).) 349. The Clerk of every City and Town separated from a Countv shall before the first day of April m each year, make ?r2r'n to tLprovincial Secretary of the particulars in sec ion 247 mentioned respecting his City or Town. R. S. O. c. 174, s. 243. (3G V. c. 48, s. 192.) 250. The Provincial Secretary shall, as soon as may be after the commencement of every Session, lay before the Legjsla^ Assembly a copy of all returns hereinbefore required to be made. R. S. c. 174, s. 244. (3G V. c. 48, s. 193.) 351. The Treasurer of the County shall retain in his hands ■ any moneys payable to any Municipality if it is certihed to S by the C^rk of the County that the Clerk of such Muni- cbality has not made the return hereinbefore required; and tS Tr^surer of Ontario shall retain in his hands any moneys navawfto any Municipality, if it is certified to him by the KSial s'ecLary thit thJcierk of such Municipality has not made the returns hereinbefore required, K. b. U. c. i/i<, s. 24,5. (30 V. c. 48, s. 194.) Treasurer to be appointed. To give se- curity. Annual inquiry as to sutticieucy of, Division III.- -The Treasurer. His appointrn"-' , security, duties, etc. Sees. Poivers of successor, when Treasurer %s absconds. Sec. 2.5.5. 2.52-254. dismissed or 353. Every Municipal Council shall appoint a Treasurer who may be paid either by salary or by a percentage, and every Tieasurer, before entering upon the duties of l^if "Jice shall give such security as the Council directs tor the iaithtul T^erformance of his duties, and especially for duly accounting for and paying over all moneys which may come into his bands • ^ it shall be the duty of every Council in each ani everv " to inquire into the sufficiency of the security given by SUV... Treasurer, and report thereon. R. S. 0. c. 174, s. 246. (36 V. c. 48, s. 195.) ^^-^ 18S2-3. MUNICIPAL INSTITUTIONS. 81 To receive and take care of ,;j and disburse ' moneys, etc. His liability limited. Appointment of treasurer, pro Urn. ■ Chap. 18. 253. Every Treasurer shall receive and safely keep all moneys belonging to the Corporation, and shall pay out the same to such persons and in such manner as the laws of the Province and the lawful by-laws or resolutions of the Council of the Municipal Corporation, whose officer he is, direct ; but no member of the Council shall receive any money from such Treasurer for any work performed or to be performed ; and such Treasurer shall not be liable to any action at law for any moneys paid by him in accordance with any by-law or resolu- tion ])assed by the Council of the Municipality of which he is the Treasurer, unless where another disposition is expresslv made of sucli moneys by statute. R. S. 0. c. 174, s. 247 ^30 V. c. 48, s. 19G.) ^ (2) In case of the death of a County Treasurer the Warden for the time being may, by warrant under his hand and seal, appoint a Treasurer pro tern, for such special purpose or pur- poses as the Warden may deem necessary, who shall hold office until the next meeting of the Council, and all acts performed by him authorized by said warrant shall be as valid and bmding as if performed by a Treasurer regularly appointed ; Provided always that the Warden shall in and by such warrant of appointment direct what security shall be given by such Treasurer pro tern, for the faithful performance of his duties and especially for duly accounting for and paying over all moneys which may come into his hands, and he shall, before entering upon his duties, give such security, but he shall not interfere with the books, vouchers, or accounts of the deceased Treasurer until a proper audi,-, shall be made. 42 V. c. 31, s 8. 254:. Every Treasurer shall also prep? re and submit to the Half-yearly Council half-yearly a correct ,^.tateinent of the moneys at the assets"""*"' credit of the Corporation who.,e officer he is ; and in Cities, ^^^^ *" Tov/ns, incorporated Vilh.' ^es and Townships which have pa.ssed by-laws requiring this .. l-e d ne, the Treasurer shall, on or .\nnual list of before the twen t'eth da> of December in each year prepare ''%*"'"" ■' '^^• and transmit to the Cork of the Municipality a list of ^n ^"""^^ *"'' *''''*'• persons who have not paid their Municipal taxes on or before the fourteenth -liy . !" said month of December. R. 8. O c 174 s. 248. (36 V. (!. .(;<, .;. 19?,) See ss. 81, 4!)0 (2). Proviso. 355. In case any Treasurer j- (-4 101 ., - -.-jmissed from office or ab- Provision on sconds, it rhall be lavf.a tor his successor to draw any moneys ^^i^™'^'**! ^'°"» belonging .o such Municipality. R. S. 0. c. 174, s. 249. (30 " '*"" V. c. 48, s. 198.^ . ^ -^ ^ Division IV.-— Assessors and Cjllectous. (See 'dso R. S. 0. c. 180, s^. 10, 11.) Appointment of. Sens. 250, 2.3/. Assessment Commissioner— Board of Assessors— Perce a !agr on unpaid taxes. Sec. 2o7. Township Collectors to act for Provisional Corporations 25€ — Disposal of moneys. Sees, 258, 259. G %: IF f! «a Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. of Assessor, and 356. The Council of every City, Town, Township, and in- collectoiH ap. corporated Villajje shall, as soon as may be convenient alter the ruSrttr^nnual election, appoint as many Assessors and Collectors for the Municipality as the Assessment Laws from time to time authorize or require, and shall till up any vacancy that occurs in the said offices as soon as may be convenient atter 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 sub-division. (3) In Municipalities which have passed by-laws requiring taxes to be paid on or before the fourteenth day of December it shall be the duty of the Collectors, on the fifteenth day ot December in each year, upon oath, to return to the Treasurer the names of all persons who have not paid their municipal taxes on or before the fourteenth day of the said month ot December. R S. O. c. 174, s. 250. (30 V. c. 48, s. 199.) In cities, as- sessment com- missioner may be appointed insteail of such assessors, etc. On default of payment of taxes, addi- tional percent- age may be imposed. Tenure of office of commission- er, assessors. 357. In Cities, the Council, instead of appointing Assessors under the foregoing section, may appoint an Assessment Com- missioner, who, in conjunction with the Mayor for the time beincT shall, from time to time, appoint such Assessors and Vakfators as may be necessary, and such Commissioner, Asses- sors, and Valuators shall constitute a Board of Assessors, and shall possess all the powers and perform the duties of Assessors appointed under the last preceding section ; and the Council shall also have power by by-law to deteruune the number ot Collectors to be appointed, and prescribe their duties, and may by by-law require the payment of taxes to be made into the otr-e of the Treasurer by a day to be named, and in default may in said by-law impose an additional percentage charge on • every unpaid tax or assessment, which shall be added to such unpaid tax or assessment, and collected by the Collectors as if the same had originally been imposed an^. Returns to Government. Sec. 2G4. Council to finally audit. Sec. 265. County Council to regulate and audit County monem Sec. 2GG. '' Audit, hoiv off 671 to be made. Sec. 207. Special provisions relatiny to Toronto. Sees. 2G8-270. 260. Every Council shall, at the first meetinrr thereof in Auditors. . every year after being duly organized, appoint two Auditors, one of whom shall be such person as the head of the Council noininates ; but no one who, at such time, or during the pre- Disqualifica- cediug year, is or was a member, or is or was Clerk or Trea- ^[""^ ^'"' "*'=* surer of the Council, or who has, or during such 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 be appointed an Auditor. R. S. 0. c. 174, s. 2.54. (3G V.'c. 48 s. 203.) " . ' ■ ' 261. The Auditors shall examine and report upon all ac- Duties of. counts affecting the CorDoration, or relating to any matter under its cimtrol or within is jiuj^diction for the year ending on the thirty-first day of Decei})bjr preceding their appointm'ent R S. 0. c. 174, s. 255. (30 V. c. 48. s. 204.1 * 263. The Auditors shall prepare an abstract of tlie receipts. To prepare expenditures, assets, and liabilitit's of the corporation and also a '■^'"'*'''^«t ^"^1 detailed statement of the said particulars in such form a.s the meni'Ti''''*^' Council directs, and report in duplicate on all the accounts ''*''''''i''^'' »"'^^''' ^^'-^^'^ ^ i)enalty of S^20 in case of default, transmit to the Provincial Secretary a certified copy of the Auditors' abstract statement of the receipts and expenditures of the preceding year, and also a certified copy of the assets and liabilities of his Municipality as prepared by the said auditors. 43 V. c. 24, s. 6. 265. The Council shall, upon the report of the Auditors, finally audit and allow the accounts of the Treasurer and Col- lectors, and all accounts chargeable against the Cor])oration ; and in case of charges not regulated by law, the Council shall allow what is reasonable. R. S. O. c. 174, s. 258. (30 V. c. 48, s. 207.) 266. Unless otherwise provided, every County Council shall have the regulation and auditing of all moneys to be jiaid out of the funds in the hands of the County Treasurer. R. S. 0. c. 174, s. 259. (30 V. c. 48, s. 208.) 267. In Cities and Towns the Council may also a]>pointan Auditor, who shall, daily or otherwise as directed })y the Coun- cil, examine and report and audit the accounts of the Corpora- tion, in conformity with any regulation or by-law of the Coun- cil ; and in other Municipalities the Auditors shall also, monthly or quarterly, as directed by by-law, examine into and audit the accounts of the Corporation. R. S. 0. c. 174, s. 200. (30 V. c. 48, s. 209.) The council to audit finally, etc. Audit of moneys to be jjaid by Trea. surer. Audit of accounts in cities and tov.-ns. In otlier mu- nicipalities. Appointment 268. Notwithstanding anything in this Act, the Council of of auditors by ^j^g Corporation of the City of Toronto shall, during the month ToronU).° of December in each year, appoint two Auditors. R. S. O. c. 174, s. 201. (35 V. c. 77, s. 1.) Mode of filling (2) The said Council in the event of a vacancy happening by vacancies. death, resignation or otherwise may, by by-law, fill such vac- ancy, and the person so appointed shall hold office for the re- mainder of the year for which the original appointment was made. Audit of accounts be- fore payment, (3) The said Council may also, by by-law, provide that the said Auditoi's shall audit all accounts before payment. 43 V. c. 24, s. 22. 269, 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. ..i? P ; ^^"^^^^hstandiug as aforesaid, the Auditors for the Monthly r^Lh- t I T'^- "'''"^''' «o""^iencing at the end of the first --'*' '-y --H- examin ai^' ° T'"° ^f' ""^ '" «" '^ ^^' ^^^'J «*' '^"^^ year, fcl^"^ '' examine and report upon all accounts affecting the Corporation d . ^ n V'i'n^ '"^?r' "'"^^^ '^' ^«"^^''' '^^ ^'thin its juris-' diction. R. b. 0. c. ] 74. s. 2G2. (35 V. c. 77, s. 2.) 370. The said Auditors shall discharge the duties imposed Annual report upon Auditors by section 2G2 of this Act within one month fefT? "' Division VI.— Valuators. Appointment and Duties. Sec. 271. mn?.?v;ir? '^T''41 ^"^ ^''^''^ ^'^"^^y "^^>^ appoint two or County coun- more Valuators tor the purpose of valuing the real property ^".'"''^y •'Ji'- d viAi ^^,,^^''".V^««*- the value of the same in the manner ''^'^i-- ^t'^- tZ ^^'^ ^^" ^'""^^ ^°""^'^' ' but such Valuators shall not !om.l I'^^r"" Pr?''''^ b^ Assessors; and the valuation Equalization so made shall be made the basis of equalization of the real pro- "^ T' '""■ perty by the County Council for a 'period not exceedin/five ^"'''• >tars; and the equalisation of personal property shallle as heretofore. R. S. O. c. 174, s. 2G4. (3G V. c. 48, s. 21J.) Division VII.— Duties of Officers Respecting Oaths Declarations. and J)''clar<(,tionsof office and qualification. Sees. 272 27 i Before ivhom made. Sec. 275. ' ' ' Certificate of Declaration. Sec. 275. l'' cipality may, within the Municipality, administer any oath, SStuhH. aftirmation or declaration under this Act, relatiuf to the busi- '^'^'^- '^'t'''" ness of the place in which he liolds office. except'Vhere other- "'""'^•''"'^•^y- wi.se specially provided, and except where he is the party re- quired to make the oath, affirmation or declaration R S O c. 174, s. 209. (;]() V. c. 48, s. 215.) " " . 377. The deponent, affirmant, or declarant shall subscribe Oath or deda- every such oath, affirmation, or declaration, and the person '■''*'^'"" *" ^« administering it shall duly certify and preserve the same, and deponellt'lS ■within bight days deposit the same in the office of the Clerk of ''"i'™''^'' "■'^•^ the municipality to the affairs of which it relates. R. S. 0. c cipJitv '"""'" 1 74, s. 270. {;m V. c. 48, s. 2 1 G. ) 378. The head of every Council, or in his absence the chair- Head of man thereof, may administer an oath or affirmation to any c-mncii may person concerning any account or other matter submitted to cSroaths, the Council. R. S. O. c. 174, .s. 271. (86 V. c. 48, s. 217.) ^t«- 279. Every qualified person duly elected or appointed to be Penalty for a Mayor, Alderman, Reeve or Deputy Reeve, Councillor Police refusinK to ac- Trustee, Assessor or Collector of or in any Alunicipality. who afi'^^inSeVde- retuses such office, or does not within 20 days after know- claration, etc. ing of his election or appointment, make the declarations of office and qualification where a property qualification is re- quired, and every person authorized to administer any such declaration, who upon reasonable demand refuses to atlminister the same, .shall on summary conviction thereof before two or How enforced rnore Justices of the Peace, forfeit not more thau $S0, nor less than .*i?8, at the discretion of such Justices, to the u.se of the Municipality, together with the cost of prosecution. R S c. 174. s. 272 ; 43 V. c. 24, s. 7. (3G V. c. 48, s. 218 ) m I i Division 8d Chap. IS. MUNICIPAL IMSTITUTIONS. 40 Vic. If Salaiioi of officers. Division VIII. — Salaries, Tenitre ok Office and Secjurity. Apj)ointment and remtiverafion of o§ir,er». ^ec. 280. Tenure of I >{fice unci duties. See. 2H1. Gratailks to reflrhuj officers. St'c. 282. Security to he gimn by officers. Sec. 28:?. Criminal liahilitleH of officers. 2!)-:}() V. c. 51, hs. 187, 188. 280. In case the remuneration of any of the officers of the Munici[)ality has not Ihmmi settled by Act of the Legislature, the Council shall settle the same, and the Council shall provide for the payment of all Municipal otHcers, whether the remune- ration is settled by statute or by by-law of the Council. (2) No Mvniicipal Council shall assume to made any appoint- appoiiitmeiit. ^aQxit to office, or any arrangement for the discharge of the duties thereof, by tender or to applicants at the lowest remuneration. R. S. 0. c. 174, s. 278. (3(J V. c. 48, s. 21!).) When munici- (3) Where an attorney, solicitor or counsel, is employed by pality employ- any municipality, whose remuneration is wholly or partly by a'saSymay** Salary, annual or otherwise, the municipality shall, notwith- recover costs, standing, have the right to recovr and collect lawful costs in all suits and proceedings in the sauie manner as if sucli attor- ney, solicitor or counsel, was not receiving such salary, when such costs are by the terms of his employment payable to such attorney, solicitor or counsel as part of his remuneration in ad- dition to his salary. 44 V. c. 24, s. 5. !Moilf of Tenure of office. Duties. A gratuity may Ite Lsiven in certain cases. '281. All officers appointed by a Council shall hold office until removed by the Council, and shall, in addition to the duties assigned to them in this Act, perform all other duties required of them by any other statute, or by the by-laws of the Council. R. S. 0. c. 174, s. 274. (.S(> V. c. 48, s. 220.) 282. Any Municipal Council, other than a Provisional Coun- cil, may grant to any officer who has been in the service of the Municipality for at least 20 years, ami who has, while in such service, become incapable through old age of efficiently dis- charging the duties of his oifice, a sum not exceeding his aggre- gate salary or other remuneration for the last thi'ee years of his service, as a gratuity upon his removal or resignation. R. S. 0. c. 174, s. 275. (36"V. c. 48. s. 221.) 383. The bonds or policies of guarantee of any incorporated etc., may ac- or Joint Stock Company, empowered to grant guarantees, bonds of'certain '*^ or policies for the integrity and faithful accounting of public companies for officers and other like purposes, may be accepted instead of, or their officers. -^ addition to, the bond or security of any officer or servant of any Municipal Corporation, in all cases where, by the pro- visions of this or any other Act or of any by-law of such Cor- poration, such officer or servant is required to give security, either Corporations, etc., may ac- cept security l«82-3. MUNICIPAL INSTITUTIONS. Chap. 18. either l.y himself, or by himself aixd a surety or sureties, and wliero the parties diroeted or authorized to take such security see Ht to accept the bund or policy of such Company as afore- said, and approve the terms and conditions thereof ; and all the ProviHionn l)rovisions in any such Act relatiii-- t(j such security to be '"T''^'''^'' pven by any such oIKcer or servant, or his sureties, sluill apply t" amTiy "' to the bonds and policies of guarantee of such Company as atoresaid, which may be taken instead of , or in substitution of any existin- securities, if the part' 's directed or authorized as Kxistingbonds atoresaid see ht, whereupon such existing securities shall be n.ay be can- rity delivered u[) to be cancelled c. 7. s. 2.) II. S. O, c. 174, s. 270. (27-8 V celled. [Ty/oUowlnf/ enactments, creatlnrj criminal liabilities, are made />// Sections 187 and 188 of 2!J-30 V. c. 51 : — EMHKZZLEMENT OF BOOKS, MONEYS, ETC. 187. All books, papers, accounts, documonts, moneys, and valuable Embezzle- securities respectively by any person or officer-appointed or employed by laei.t hvmuni. or on oelialf ..f any Council, kept or received by virtue of his office or '-•'I«*l "tticers. employment, sliall be the property of tlie Corporation ; and in case any such person or otticer refuses or fails to deliver up or pay over the same respectively to the Corporation, or to any person authorized by the Coun- cil tn demand them, he shall be deemed guilty .,f a fraudulent embezzlo- mont thereof, and iiwy be prosecuted and punished in the same manner as a servant fraudulently embezzling any chattel, money or valuable H.-curity uf his master ; but nothing herein shall atiect any remedy of the Corporation or .,f any other person against the offender or his sureties, or any other party ; nor shall the conviction of such offender be receivable m evidence in any suit, at Law or in Eipiity, against him. STEALING WRITS OF ELECTION, POLL-HOOKS, ETC. 188. If any person steals, or unlawfully or maliciously, oithor by vio- lence or stealtli takes from any Deputy Returning Officer or Poll Clerk or from any other person haviMg the lawful custody thereof, or from its lawful place of deposit for the time being, or unlawfully or maliciously destroys, injures or obliterates, or causes to be wilfully or maliciously destr.)yed, injured or obliterated, or makes or causes to be made any erasure, addition of names or interlineation of names, into or upon or aids, counsels or assists in so stealing, taking, destroying, injurin<' or ob- literating, or in making any erasure, addition of names or interlineation ot names nito or upon any writ of election or any return to a writ of election, or any indenture, poll-book, certificate or affidavit, or any other document or paper made, prepared or drawn out according to or for the purpose of meeting the recpiirements of the law in regard to municipal elections-every such otiender shall be guilty of felony, and shall be liable to be imprisoned in the Provincial Penitentiary for any term not exceeding seven nor less than two years, or to be imprisoned in any other place of conhnemeiit fy any mem- ber of the Council, shall be deemed authentic, and be roceiyed 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. R. S. O. c. 174, s. 282. (36 V. c. 48, s. 227.) 391. The facts required by this Act U^ 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 the head of the Councd, 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 any such municipal officer, upon the declaration of any other member of the Council, whose declaration the Lieutenant-Governor in Council may accept. R. S. 0. c. 174, s. 283. (36 V. c. 48, s. 228.) Division II. — Objections by Ratepayers. When and how made. Sec. 292, _ When Council shall act on objections. Sec. 293. Opposition to by-laws. How to be made. 392. In case any person rated on the assessment roll of any 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 of a certain number of the ratable inhabitants of such Municipality or place, he shall, on petitioning the Council, be at liberty to attend in person, or by counsel or attorney, be- fore the Council at the 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 application for the by-law was not given, or that any of the signatures to the application are not wenuine, or were obtained upon incorrect statements, and that the proposed by-law is contrary to the wishes of the persons whose signatures were so obtained, and that the remaining signatures do not amount to the number nor represent the amount of property nece-ssaiy to the passing of the by-law. R. S. O. c. 174, s. 284. (36 V. c. 48, s. 229.) When by-laws 393. If the Council is satisfied upon the evidence that the shall not pass, application for the by-law did not contain the names of a suffi- cient number of persons whose names were obtained without fraud and in good faith, and who represent the requisite amount of property, and are desirous of having the by-law passed, or if the Council is satisfied that the notice required by law was not duly given, the Council shall not pass the by-law. R. S. 0. c. 174. 3. 285. (36 V. c. 48, s. 230.) Division m If a by-law requires the assent of the electors, mode of obtaining ' Hame. Time and place of voting to be fixed by the by-law. 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. Division III.— Voting on by Electors. Proceedings preliminary to the Pull. Sees. .294-305. The Poll. Sees. 30G-320. Who to Vote. Sees. 309-311. Freeholders. Sec. 309. Leaseholders. Sec. 310. Oath of Freeholder. Sec. 312. Oath of Leaseholder. Sees. SIS, S14i. Proceedings after close of Poll. Sees. Sl')-S20. Requisites of certain bonus by-latvs. Sec. 321. Secrecy of Proceedings. Sees. 322, 323. Scrutiny. Sees. 324-327. Passing by-laws by Council. Sees. 328, 329. 394. In case a by-law requires the assent of the electors of a Municipality before the final passing thereof, the following proceedings shall be taken for ascertaining such assent, except m cases otherwise provided for : (1) The Council shall by the by-law fi x the day and h our for t aking the votes of the electo rs, and sucirplace? in the Munici- pality as the Council shall in"trieir discretion deem best for the purpose, and where the votes are to be taken at more than one place, shall name aDeputyReturningOflicer to take the votes at every such place; and thejla^ so. ^^^^ for taking the votes shall not be less than three, nor mure than BvTweeks after the first j jublicaticmyf tlie proposed by-law. 1(""S. "c 174 s. 280(1). (3GV.C. 48; s. 231(1)140 V.V8,s."51.) " " ' (2) The Council shall, before the ^nal^pa^sing of the pro- posed by-law, publish a copy thereof in some public newspa- per published either within the municipality or in the county town, or in a public newspaper published in an adjoinino- local municipality, as the Council may designate by resolution, and the publication shall, for the purpose aforesaid, be contin- ued in at least one number of such paper each week for three successiveweeks, and the Council shall put up a copy of the by-law atlour or more of the most public places in the Muni-~ cTpan^^4^vrcr24,i:^. (3) Appended to each copy so published and posted shall be a notice signed by the Clerk of the Council, stating that such copy is a true copy of a proposed by-law which will be taken into consideration by the Council aftermiemonth from the firsi publication in the newspaper, stating the date of CEeTirst pub- lication, and that at the hour, day and place or places therein fixed for taking the votes of the electors, the polls will be held. R. S. 0. c. 174, s. 28d (3). (3G V. c. 48, s. 231 (3).) 395._ Forthwith after the day has been fixed as aforesaid. Ballot papers tor taking the votes of electors with respect to the by-law, *° ^^ printed, the Clerk of the Municipal Council which proposed the by-law shall Publication of by-law. Notice. \% 4 94 MUNICIPAL INSTITUTIONS. 46 Vic. Form ot. HhhW cat«.H« to he printed, at the expense of the Municipality, mmh ft number of ballot papers as will be sufficient for the pur-: inmen of the voting. R. S. O. c. 174, s. 287. (39 V. c. 35, s. 1.) »»0, The ballot-papers, shall be according to the form of Hdmhih J to this Act. R. S. 0. c. 174, ^s. 2«8. (39 V. c. 35, Council u> fi» S{»7. The Council shall by the bv-law. fix a time when and a ft- pia^^ where the Clerk of the "Council which proposed the by- EuirSi law «hall Hurn up the number of votes given for and against tend HtixMuH ^y, >,y'law, and a time and place for the appointment of persons tuCuir U) ftitend at the various polling places, and at the final sum- ming up 8. At the time and place named the head, of the Munici- pality »»hall appoint, in writing signed by him, two persons to liUmd at the finalsuminin^_up of the votes, and one person to attend at cach"poTiing 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 (mnmiUj^ the passing of the by-law. R. S. 0. c. 174, s. 290. '""¥.6.35,9,4.) vot««> geUctioBi 8g«nU, Agentt/nmU^ *4' ), Before any person is so appointed he shall make and decL-riitSxm, ^^\^^\\^ before the head of the Municipality a declaration in tliw f*>fm of Schedule K to this Act, that he is interested m and desirous of promoting or opposing (as the case may be) the pa««ing of the by-law. R. S. 0. c. 174, s. 291. (39 V. c. 3o, hAmSmSmiA 3 I'-'H'^fie «(»)ling place or the summing up of the votes, as the case lug ,.1^-*, ^. I ^^ J^' ^ produce to the Deputy Returning Officer or Clerk of the Municipality, as the case may be, his written appoint- ment. R. S. O. c. 174, s. 292. (39 V. c. 35, s. 6.) ApixAntmmt in abs«ii«# nrf agent 30 1. In the absence of any person authorized as aforesaid to attend at any polling place, or at the final summing up of the V<>te3, any elector in the same interest as the person so absent may, upon making and subscribing before the Deputy Ketuming Officer at the polling place or the Clerk of the Muni- cipality a declaration in the form of Schedule K to this Act, \m aS. O. c. in, s. ;302 (1). (;j(; v. c. 48, s. 23.3, vart • 3!) V. c. 35. s. 20.) (2) The said provisions as to the lease extending for the Lnanehoiders perioa of time within which the debt to be contracted or the "''" '"'"^y ^'"'« money to be raised by such by-law is made payable, shall not '/'n.vemeSby. apply to a by-law respecting local improvements, under sec- ''^^h. tion G20 of this Act. 45 V. c. 23. s. (j. :3) In -lase of a new Municipality in which there has not been in case ..f new any assessment roll, the qualification of bein-r named on such '"""icipality list and of being rated on the roll, and of Residence for one luIsTeen mt month, shaU be dispensed with, but in such case the person 'i-^essment offering to -otc shall not be entitled to vote unless possessing ''""' the other qualifications above mentioned, and unless he is at the time of vender 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 such property to the Deputy Returning Officer ; and the Deputy R ^turning Officer shall note such property in the voters' list, op])osite the voter's name, at the request of any one entitled to vote on such by-law. R. S. 0. c 174 s 30'^ {">) (30 V. c. 48, s. ?33, part; 3!) V. c. 35, s. 20.) 311 Every luunarricd woman and every widow Avho pos- Unmarried sesse s the p ropc r ty (pialification and other ciualification which women and wou-Tdnrihelv*^ a male ratepayer, entitle her to vot"B on by- voiSnC^ lav,-s requiring the assent of electors, shall have the same rio-htjawsT^;^^ of voting on su(h by-laws as male ratepayers, subject to the -^*-*-«.^!I^ like conditions and restrictions as apply to male ratepayers, any « [fvcts specihed m.- uoh oath or amrmation. R. S. 0. c. 174. .s. ,j04. (.so V. c. 48, 8. 2.-}5 ; 40 V. c. «. s. 50.) nn^n *■ ^"J Y**f payer offerinnr to vote in respect of a leasehold < ..th of leane- on ftny;^^uch by-law respecting local improvements, umler sec- »'"i'i«r voting tion biO, may be required by the Deputy Returnin'r Officer T '''"!r or any ratepayer entitled to /ote on any such by la wf to make K iSove- tne tollowing oath or affirmation, or any part thereof or to """I-"* "<'±' the etlect thereof, before his vote is recorded :_ "'""" "^"' You Bwoar that you aro of the full ago of 21 years, and a natural born (or naturalized) subject of Her Majesty ; -^ ' » "aiurai Dorn rhat you have been a resident within the Municipality for which this vote 18 taken for one month next before the vote • That you are (or your wife is) a leaseh..ldor within this Municinalitv and that you have (or the lessee in said lease has) covenanted in such lease to pay all municipal taxes ; "*"iou in sucn war^i*;?. 'r r; ':^r '"**^' "" *'" ""'-'"^ ^" ^'^'^ ^"^-^"^'"^ ('"• That you are, according to law, entitled to vote on the said by-law • 1 hat you have not directly or indirectly received any reward or uift' nor do you expect to receive any, for the v<;te which you tender ; ^ ' voter? lUt" ''™ ^''""" "'""''^' °' 1^"''P0'^"«K *» b^ named, in the That you have not received anything, nor has anything been promised to you directly or indirectly, either to induce you to vote on thirC-kw cirs ;;;rsi;r"'"^' ^'^^~' '^'^ °^ '^^'"' °^ ^-^ «*^- -™ And that you have not directly or indirectly paid or promised anvthinc to any person, either to induce him to vote or refrain from vot' ng (iu ca«e of a Tiew Municipality in vhich there has not been any assessinent TO I themnstcad of swearing to residence for one month next befie theZte \ au< o/re/em, 6«.j, named in the voters' list, the person offering to vole maybe required to name in the oath the property/ in respect of Jiich heclahm to vote, and that he is a resident of such Municipality); And no enquiries shall be made of any voter, except with res- pect to the tacts specified in such oath or affirmation 45 V c.23,s. G. &e R. S. 0. c. 174, s. 304. 315. The written statement to be made bv each npnnfv ,. Returning Officer at the close of the pollinglhaU be Si St'/br' under the tollowing heafl;! • — made by deputy return- (a) Name or number of Ward or polling subdivision, and 1"^^^^ oi the Municipality, and the date of the polling ; pollSg {h) Number of votes for and against the by-law ; (c) Rejected ballot papers. R.S. O. c 174,s. 305 (39 V c. 35, s. 13. ■ 3 16. The Deputy Returning Officer shall' takea noteo f any QWctu.n, to objeciion made by any person authorized to be present,"toTnv ^^era ball^L£a£er found in the ballot box, and shall decide i5? (^to arisyig^utofthe^clion. Each obje^on-t^ballot To be num- paper shal be numbeFed.^HTa correspon ding number place d '^'^- - ' on theb^^^The Jiallotjmper; and mitiaOTVthe De^^ 5£^uiSi£S.0fficer. R. S. O. c. 174,s. 30r~prTtlt5rin4)-" 100 Chap. l.s. munhipal institi tions. 4G Vic. Deputy 317. Kvery Di'puty Rcturnini,' Otlicor, at tlu' coinplotion returnlnpr ^f ^|^y countin'f of votoH aftor Lhc closo of till! poll, shall, aftfi vote.iare HI tllO piOSlJUCO ol tho porsollH IllltMollZfil to attolul, lliaKO Up couutuX into Hoparate packots, Hoaled with his own seal, and the seals of such persons authoiizoil to attend as desire to atHx their seals, and marUed upon the outside with a sluu't > imy^be by_anXelector, or by the council; and the proceedings for oTjEaining the judge's de- cision shall be the .same, as nearly as may be, as in'the°case of a scrutiny. 43 V. c. 27, s. 10 (2). Secrecy of Proceediwjs. _ 33.3. Every officer, clerk and person in attendance at a poll- ing place shall maintain and aid in maintaining the secrecy of the voting at the polling place. ' — ' (2) No oificer, clerk or other person whosoever, shall in- terfere with or attempt to interfere with a voter when mark- ing his vote, or otherwise attempt to obtain at the pollin^^ place information a,s to the manner in which any voter at such polling place is about to vote or lias voted. ' (3) Maintaining- secrecy of proceedings at poUin},'. Voter not to be interfered with. BS& 102 Chap. 18. MUNICIPAL INSTITUTIONS. 46 ViC. ! No iiiforma- tiontobegiven as to how any one voted. Secrecjj to be maintained at counting. (3) No officer, clerk, or other person shall communicate at any time to any person any information obtained at a polling place as to the manner in which any voter at such polling place is about to vote or has voted. (4) Every officer, clerk and person in attendance at the counting of the votes, shall maintain and aid in maintaining the secrecy of the voting, and shall not communicate or attempt to communicate any information obtained at such counting as to the m.anner in which any vote is given in ahy particular j^ ballot paper. (o) No person shall, directly or indirectly, 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 be liable, on summary conviction before a Stipendiary Magistrate, Police Magistrate, or two Justices of the Peace, to imprisonment for any term not exceeding six months, with or without hard labour. K S. O.c. I74,s. 311. (39 V.c. 3o,s. 19.) 334. The Clerk of the Municipality, and every officer, clerk or person authorized to attend a polling place, or at the counting of the votes, shall, before the opening of the poll, make a statu- tory declaration of secrecy, in the presence, if ^ - is the Clerk of the Municipality, of a Justice of thePeace.and it he is any other officer, or a clerk, or an agent, in the presence of a Justice of the Peace or the Clerk of the i-lunicipality or a Deputy Re- turning Officer ; and such statutory declaration of secrecy shall v be in tne form given in Schedule M to this Act, or to the like effect. R. S. 0. c. 174, s. 312. (39 V. c. 35, s. 20.) Scrutiny. ITSIt^T^- ^^^- ^^ ^it^i^ *^o weeks after the Clerk of the Council plica*tion"to'' which proposed the by-law has declared the result of the vot- CountyJudge. j^^g^ ^ny elector applies upon petition to the County 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, and the petitioner enters into a recognizance before the Judge in the sum of $100, with two sureties (to be al- lowed as sufficient by the Judge upon affidavit of justifica- tion) Li the sum of S50 each conditioned to prosecute the petition with effect, and to pay the party against whom the same is brought any costs which may be adjudged to him against the petitioner, the Judge may appoint a day and place within the Municipality for entering into the scrutiny. ^ *^ 0. c. 174, s. 313. (39 V. c. 35, s. 21.) Voters not to be induced to diBclose votes. Penalty for contravening this section. Statutory declaration of secrecy to be made by officers, etc., before a poll. R. S. Notice of time 326. At least one week's notice of the day appointed for of scrutiny, the scrutiny shall be given by the petitioner to such persons as the 'mmmmmmmm ^m^mmmmmmmmmmm ' n M 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 103 the Judge directs, and to the Clerk of the Municipality. R. S. 0. c. 174, s. 314. (39 V. c. 35, s. 22.) 337. At the day and hour appointed, the Clerk shall attend Proceedings, before the Judge with the ballot papers in his custody, and the Judge, upon inspecting the ballot papers and hearing such evi- dence as he may deem necessary, and on hearing the parties, or such of them as may attend, or <■' t counsel, sh. !1 in a summary manner determine whether the majority of the votes given is for or against the by-law, and shall forthwith certify the result to the Council s. 23.) R. S. 0. c. 174, s. 315. (39 Y. c. 35, 338. The Judge shall on such scrutiny possess the like Powers of powers and authority as to all matters arising upon such scru- '^"''s^- tiny as are possessed by him upon a trial of the validity of the election of a member of a Municipal Council ; and in all cases Costa. costs shall be in the discretion of the Judge, as in the case of applications to quash a by-law, or he may apportion the costs as to him seems just. R. S. 0. c.l74,s. 310. (39 V. c. 35, s. 25.) Passing by-laws by Council. 339. Any by-law which is carried by a majority of the duly By.lawcarri«d qualified electors voting thereon, shall within six weeks there- ^y voteratobe after be passed by the Council which submitted the same. R. council S. 0. c. 174, s. 317. (3G V. c. 48, s. 236.) But see sec. 322, ante. 330. In case of a petition being presented, the by-law shall The passing of not be passed by the Council until after the petition has been ^^^ ^^'^^^ disposed of; and the time which intervenes between the pre- senting°of »'*' senting of the petition and the final disposal thereof shall not P«tit>on- be reckoned as part of the six weeks within which the by-law is to be passed. R. S. 0. c. 174, s. 318. (39 V. c. 35, s. 24.) Division IV. — Confirmation of By-laws. By publication. Sec. 331. Notice. Sec. 332. When not moved against. Sec. 333. 331. Every promulgation of a by-law shall consist in the Promulgation publication through the public press, of a true copy of the by- °^ by-laws. law, and of the signature attesting its authenticity, with a notice appended thereto of the time limited by law for applications to the Courts to quash the same or any part thereof, and the pub- lication 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 publica- tion 104 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. Form of no- tice to be pub' lished with by-law. tion shall, for the purpose aforesaid, he continued in at least one number of such paper, each week, for three successive weeks. 42 V, c. 31, s. 1). 33*^. The notice to be appended to every copy of the by- law for the purpose aforesaid shall be to the effect following :— Notice. — The above is a true copy of a by-law passed by the municipal council of the of on the day of A.D. 18 and approved by His Honoui-, the Lieutenant-Governor in Council, on the day of A.D, 18 {wltere such approval is required to give effect to such hy-Iav'): And all persons arc hereby required to take notice that any one desirous of applying to have such by-law, or any part thereof, quashed, must make his application for that pur- pose to the High Court of J^ustice, at Toronto, within tlu-ee 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 late to be heard in that behalf. 44 V. c. 24, s. 82. If not moved 333. In case no application to quash any by-law is made theUme"^*""" within three months next after the third publication of such limited, to be by-law and notice as aforesaid, the by-law, or so much thereof as is not the subject of any such application, or not quashed upon such application, so far as the same ordains, prescribes or directs anything within the proper competence of the Council to ordain, prescribe or direct, shall, notwithstand- ing 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 bv- law. R. S. 0. c. 174, s. 321 ; 44 V. c. 24, s. 33. (30 V. c. 4S,"s. 239.) valid. Quashing by-law. Division V. — Quashing By-Laws. Hovj to proceed. Sec. 334. Time limited for applications. Sees. 335, 330. Motion against for corrupt practices. Sees. 337, 338. Staying proceedings upon the hy-laiv. Sec. 339. Lia.l)'dity of Municipality for acts under illegal hylovj. Sec 340. Tender of amends. Sec. 341. 334. In case a resident of a Municipality, or any other per- son interested in a by-law, order or resolution of the Council thereof, applies to the High Court of Justice and produces to the Court a copy of the by-law, order, or resolution, certified under the hand of the Clerk and under the corporate seal, ahd shews by affidavit that the same was received from the Clork, and that the applicant is resident or interested as aforesaid, the Court, after at least four days service on the Corporation of a rule 18S2-3. MUNICIPAL INSTITUTIONS. Chap. 18- 105 nrt^l f • ''' '•''"''/", thiH behalf, may quash the by-law, order, to Zl T f\T'^'"'' T- '"^ .1^^''^' *'«^' "^'^S-'^lity, and, according Tor 1 r i."L' f PP^^?^^^""' ^^'^^'^^ «"«t« f^^ «r against the Corporation. R S. O. c. 174, s. 322. (3C V. c. 48, s. 240.) 335. No application to quash any such bv-la\^ order or re rin.. -f, • solution in whole or in part,'shall be entertaiLd iy a„y Com ^ST^SL. unless such application is made to such Court within one S.ie""'' ''' cept m the case oi a by-law requiring the assent of electors or ratepayers, when such by-law has not been submitted to or has not received the assent of such electors or ratepayers and m such case an application to quash such by-law may be made at any time. R. S. O. c. 174, s. 323. (3G V. c. 48, s. 241 ) prom^uWdTrh^'^^''' by which a rate is imposed has been Ti:neafte.. promulgated in the manner hereinbefore specified, no appli- ^^'hich bylaw cation to quash the bj-law shall be entertained after the ex- ST^"'*' ?7T "".o'f ^^^.^^f "'o^ths from the promulgation. R. S. c ■ScUf 174, S. 324. (30 \ . c. 48, S. 242.) promulgated. ih?n?\ ^7 ^^>'-^aw the pas.sage of which has been procured '.'"ashing bv- thiough or by means of any violation of the provision^ of sec- }'-^V °'^tain«l tions 207and 2()Sof this Act shall be liable to be qulshed '""''*" upon any app ication to be made in conformity with the pro- visions herembetore contained. R. S. 0. c. 174"; s. 325. .(3GV. 338. Before determining any application for the quashing p . . of a by- aw upon the ground that any of the provisions of he -ht/e! '" said sections 20/ and 208 of this Act have been contravened in procuring the passing of the same, and if it is made to appear to. a Judge of the High Court of Justice that probable orounds Z Ju %"^°*^*^^.*° ^1."^^^ «^«h by-law, the Judge may make inquiry by an order for an inquiry to be held, upon such notice to the ^oint^JuV parties affected as the Judge may direct concerning the said grounds, before the Judge of the County Court of the County in which the Municipality which passed the by-law is situate and require that upon such inquiry all witnesses, both against and in support of such by-law, be orally examined and cross- examined upon oath before the said County Court Judge. ' ' (2) The said County Court Judge shall thereupon return the Eetum of evidence so taken before him to one of the Registrars of the ^^^dence. High Court at Toronto; and after the return of said evidence Judgment and upon readmg the same, any Judge of the said High Comi may, upon notice to such of the parties concerned as He thinks proper, proceed to hear and determine the question ; and if the grounds therefor appear to him to be satisfactorily established he may make an order for quashing said by-law. and he may p , order the costs attending said proceedings to be paid by the '' parties or any of them who have supported said by-law f and if ■-^ ^r 106 Chap. 18. MUNICIPAL INSTITUTIONS. 46 ViC. Stay of pro- ceedings on the by-law. if it appears that the application to quash said by-law ought to ' be dismissed, the said Judge may so order, and in liis discretion award costs, to be paid by the persons applying to quash said by-law. R. S. 0. c. 174, s. 32G. (30 V. c. 48, s. 244.) 339. After an order has been made by a Judge directing an inquiry, and after a copy of such 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 stayed 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. R. S. 0. c. 174, s. 327. (3G V. c. 48, s. 245.) Municipality 340. In case a by-law, order or resolution is illegal in whole for act* done '^^ ^^ part, and in case anything has been done under it which, by under illegal 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 intention to bring such action has been given to the Corporation, and every such action shall be brought gainst the Corporation alone, and not against any person acting under the by-law, order or re- solution. R. S. O. c. 174, s. 328. (36 V. c. 48, s. 246.) by-law. Notice of action. Tender of amends. 34 1 . In case the Coi'poration tenders amends to the plaintiff or his attorney, 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. R. S. 0. c. 174, s. 329. (36 V. c. 48, s. 247.) See sec. 431. By-law8 for contracting debts. Terms of. Division VI. — By-Laws Creating Debts. Requisite formalitea. Sees. 342-344. Principal may be repayable by annual instalments. Sec. 344. Special rates a charge on property. Sec. 345. Assent of electors, when required. (Sec. 346. When special Council meeting requisite. Sec. 347. When repealable and when not. Sees. 348, 349. Illegal repeal to be ignored by Municipal Officers. Sec. 350. PurcJiase cf Public Works, etc., by Councils. Sec. 351. Rates to be imposed therefor. Sec. 352. Registration of By-laws. Sees. 353-357. 343. Every Municipal Council may, under the formalities required by law, pass by-laws for contracting debts by borrowing money or otherwise, and for levying rates for payment of such debts on the ratable property of the Municipality, for any pur- pose 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 107 pose withm 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- vided in the next two sections of this Act. of nnbHl;tnJ!:'*\' if "''*' for creating a debt for the purchase Who„t„take ot public works, shall name a day in the financial year in which «ff««t- the same is passed when the by-law is to take effect ; ohill ^f ''^tf.°"^^ac<;ed for gas or water-works, or for the pur- When debt to cnase ot public works according to the statutes relatinrr there- '^« redeemed. to, the whole of the debt and the obligations to be issued there- tor shall be made payable in twenty years at furthest from the day on which such by-law takes effect ; and if the debt is con- If for gas or tracted tor gas or water-works, the same shall in like manner ^-^ter-workg, be paid in thirty years at furthest from the day on which the ''"• by-law takes effect ; R. S. O. c. 174, s. 330, part (3(J V. c. 48 s. 248, 2>(-irt.) ' .r.^^^ u^^J'^if'^ ^^^" ^^^^^« * Ce^'^^ain specific sum to be raised Yearly rate. annually for the payment of interest during the currency of the debentures; also a certain specific sum to be raised an- nually for tlie payment of the debt : such sum to be such as will be sufficient, with the estimated interest on the invest- ments thereof, to discharge the debt when payable ; minfl^nf f?^'!?"J^V''"'x*° i«. raided annually for the pay- interest on in- mcnts of the debt, the rate of interest on investments shall veatmentshow not be estimated at more than five per cent, per annum, to be '"*""'*'''• capitalized yearly ; ^ , " "c rJS/1'Z^r^^'', '^^" ^T'^^ ^^^* '"^^ ^"^^^^ •■^^'^ «''a" be Property on raised and levied in each year by a special rate, sufficient rN'^^^^*«'^° therefor, on all the ratable property in the Municipality; or '''^'"''^• If the by-law is for a work payable by local assessment, oA all ttcC^mtrbt^'47y'r3\':;.Yo^ Je'siJen\l\7r;cS^^ '' '' '^^ ' "^^^ P^^^^^^ ^^ local EecitaU in ;- (a) The amount of the debt which such new by-law is in- Amount tended to create and, in some brief and general terms, the Tl"^^''^ °* object for which it is to be created ; ' pn2Lml^°^^^-''rT*. ^^q^^^ed by this Act to be raised Amount to he annually by special rate for paying the new debt and interest ; SiJ. •"■ r.JtrV'^ amount of the whole ratable property of the Munici- "he vliue of pahty according to the last revised, or revised and eaualized ^^' ^^^^''^^ 248 '^arO ''" ' ^' ^" ^' '* ^^^' "' ' ^''"'- ^^^ ^ « ^8 « '"'"'" JflZ^^ ^T^!^""^ °^ the existing debenture debt of the Mu- Amount of ?n amLr ' ^42 Y "^ ^""^^ ""^ *^^ principal or interest is ""'«""& ^^b*- -if •4 f^' 343. 108 MUNICIPAL INSTITUTIOXS. 40 Vic. hy Itmtii ft***;*!?- ttimii imtMt A$iiitutii ttiifi Auitmut tit hn niitwi ft»- mmtty ; Vfiim lit rm\ \>rtt\mt%y Tlwt thU t.tmU'4 titt fmmrky at MfmM r«t«- yimtkitmt e*>mnU limy tUftktifltiWfif^i riiti»iviiftU< hv ttiMttiUiteitU, 'mil mi imi. Chap. 18. 34.3 If the by-law is for a work payable by local assess- irient, it shall recite :— i j j (a) The amount of the debt Avhich such l)y-law is intended to create, and in some brief and general tonus, the object for Whicli it IS to be created ; (f>) The total 'amount required by this Act to be raised annually by special rate for paying the debt and interest under the liy-law ; ((■) The value of the whole real property ratable under the hy-law, as ascertained and finally determined as aforesaid ; rJflJ!!''\ f^'^'^'\^ is create.] on the security of the special rate 8cttl..d by the by-law, and on that seeuiity only. K S c. 1/4, s. 3:n ; 42 V. c. 31, s. 12. (;3U V. c. 48, s. 240.) ' t J\^^ ^'- '"^"^ ^'^'"^ ""i passing a by-law for contracting a debt ,by br.rrowing money for any purpose, the Municipal Council nay in its discretion make the principal of such debt reimyable t>y annual instalments during the currency of the period (not cxrjc-eding .SO years, if the debt is for gas or wLter-woS and not exceeding 2() years if the debt is for any other purpose) within which the debt is to be discharged ; such as^ta rnents to be of such amounts that the aggregate amount payable tor principal and interest in any year shall be equal, as , miy '''" T^,l' ^\7^^^ ^' P^^^^^^*^ for principal and interest Junng each of the other years of such period ; and may issue the debentures of the Municipal Corporation for the amounts, an payable at the times, corresponding with such instalments, together^with interest, annually or semi-annually, as may be set /o.^t'"'^^'' P^ovif^cd in such by-law. R. S. 0. c. 174 s 3.3^ (8G V. c. 48, s. 250, part) , part. A eSidtnti im imtpi^fiy. (2j Such by-law shall set forth a certain specific sum to be raised in each year during the currency of the debt, 'which annual sum shall be sufficient to discharge the several instal- wicnts of principal and interest accruing due on such debt as the said instalments and interest become, respectively, payable according to the terms of the by-law ; and in cases withi^ this section It shall not bo necessary that any provision be made for a sinking fund. 42 V. c. 31, s. 13. ^ 345 Every special assessment made and every special rate imposed and levied under any of the provisions of this Act, and all sewer rents and charges for work or services done by the Corpora.ion on default of the owners of real estate, under the 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 shall have been assessed and It 1 vwi,^'?;^' ^"""^ '''.^" ^' "°^^^^^«^^ ^" the same manner, and with the like remedies, as ordinary taxes upon real estate are collectable under the provisions of the Assessment Act. 4iS V, c. 61, 3. 2o. 346 4G Vic. Deal assess- is intended object for be raised erest under imdor the resaid ; the special ^ R. S.O. >■) ting a debt, al Council ; repayable leriod (not ter-woi'ks, any otlier ged ; such be amount e equal, as id interest may issue ! amounts, stalments, nav be set lum, to be ibt, which al instal- 1 debt, as Y^, payable ithin this ! made for ecial rate s Act, and le by the ander the said Cor- tate upon ssed and manner, 3al estate lent Act. 346. IS82-S. MUNICIPAL INSTITUTIOxXS. Chai>. 18. under s^cfionfriTf^tWste/"^ '^'^T'^^ -^ provided for local assessn.ent) for a sin vinon f h ^ """'v. ^W^'^ ^'^''^'^^y l>y any money not required for s^.r "'^'^ "^ ^'^^ ^^ttmicipality payable within the^salMnuii^^^n Z'^ expenditure, and nol passing thereof, receive tirasSnffT' ''?'''' ^'^'''' ^^'^ "'^al nicipality in tlie -nanjier p'ov de i tr^' "^''^^'' ""^ ^^'^ ^^l"" lovvingsections.-ahisAc exceu tW-'' T'T ""^ ^"'^ f^'" Council may raise by by-hlvv or' bv ^'T^'''' ^^'^ ^'^^^^J the same for the assmt of H I .? ['y-^^f^' without submitting 109 ^5y-law.s for ruisiiig money lint for nrdi- iiiiry expenses iiiiiHt (with (•'•itaiii excep- tions) receive •■i-*>ent of elec- tors. >..\cpption as to Iiy-lfiws for contnictinij extra debts in>t exceeiling in any year 8-'(),00{). (2) Provided always fhnf ,,-i,^ -uted for judicial puJpVerVhe^Co'Lri 077%""'"' '''y ^'^ ^^-p"- - inay, by by.i^.^ or l)v-Iaw« ,.. i tlio County or City *" «''«■«"(? tons of sucli County or Citv .TthT. °' ^he assent of the elec- suoh debt, raise such sum of niotrn' "'^^ ^'\ ^'"^ contracting erectnig, building and C'4i ral^ourf^R^' ^' '''^'''''^^ *'«° be used in connection therewi "ntV f * ^°"^:' ^"^' ^^^^ces to as may be necessary or coTveni.r/ .f '^"''^"-^ '^"^^^ l^nd Court House and offices 44 V c. 24. s!" 6 ^'''''^'''' '^ '^"^^ anySit,r:r/5I;!Zl\Sr^r"^" for contracting c..ai„ ,.y. year ^20,000 over and Xv^?]?. """""'^'"S "^ ^"^ one '- -:( -Lty ordinary expenditure, other than a by'l^' . "'''"^'''"-^ '''^ ^'^ w"" il "Jnlt same IS passed at a meeC of the Coun'-r'^''' •".'^'^•^^ the ^ !" ""^-. tor the {)urpose of consideHnc fh! ''^ specially called than three months after a fo^v n?™''!^",'' ^''^'^ °ot less same is ultimately passed to JS L'"''' ^'y-^^'''' ^' the appointed for such neSo f ' i!J ^'\^- ^''^''' ^f the day paper issued weekly or o tne, w-!K-»^^^/''^hed in some news^ st^tuted for judicial purptt) or Jh *'". ^""^^^^ (^^ con- R. S. O. c. 174, s. SU; 44 V c 24 «, -7 '^- c. 7. Sched. A (175).) '^^•'^^'^^^' G. H. Clerk. (37 V. c. 16, s. 8. 40 348. 110 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. Proviso. When part 348. Where part only of a sum of money provided for by only of money g^ bv-law has been raised, the Council may repeal the by-law as raisofl, by-law •',„., . , , , S j. i. £ iU may be re- to any part of the residue and as to a proportionate part oi the pealed a» to special rate imposed therefor, provided the repealing by-law recites the facts on which it is founded, and is appointed to take effect on the thirty-first day of December in the year of its passing, and does not affect any rates due, or penalties in- curred before that day, and provided the by-law is first ap- proved by the Lieutenant-Governor in Council. R. S. 0. c. 174, s. 335. (36 V. c. 48, s. 253.) Until debt 349. After a debt has been contracted, the Council shall Sy-'ilw^caiTnot ^°^' ^^^^^ ^^^^ ^^^^ ^^'^ interest have been paid, repeal the by- be repealed, law under which the debt was contracted, or any by-law for paying the debt or the interest thereon, or for providing there- for 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 providing any such rate, so as to diminish the amount to be levied under the by-law, except in the cases herein author- ized, and shall not apply to any other purpose any money of the Corporation which, not having been previously otherwise appropriated by any by-law or resolution, has been directed to be applied to such payment. R. S. 0. c. 174, s. 330. (3G V. c. 48, s. 254.) Nor altered. Exceptions. 350. No officer of the Municipality shall neglect or refuse to carry into effect a by-law for paying a debt under colour of a by-law illegally attempting to repeal such first mentioned by-law, or to alter the same so as to diminish the amount to niegarby'-law. be levied under it. R. S. 0. c. 174, s. 337. (36 V. c. 48, s. 255.) No oUcer to neglect, etc., to Ciirry out by-law for payment un- der colour of Municipal councils may purchase pub. lie work.s, etc., and contract debts to Crown, although no 8i)ecial or other annual rate settled. 351. Any Council may contract a debt to Her Majesty in the purchase of any of the public roads, harbours, bridges, buildings or other public works in Ontario, whether belonging to this Province or to the Dominion of Canada, or of any claim in respect of such works, and may execute such bonds, deeds, covenants, and other securities to Her Majesty, as the Council may deem fit, for the payment of the price of any such public work or claim already sold or transferred, or which ma} sold or transferred, or agreed to be sold or transferred to the Municipal Corporation, and for securing the performance and observance of all or any of the conditions of sale or transfer ; and may also pass all necessary by-laws for any of the purposes aforesaid ; and all such by-laws, debts, bonds, deeds, covenants and other securities snail be valid, although no special or other annual rate has been settled or imposed to be levied in each year, as provided by sections 342 to 344 of this Act. R. S. 0. c. 174, s. 338. (36 V. c. 48, s. 25G.) 353. mm 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. Ill 353. The Council may in any by-law to be passed for the RateHmaybe creation ot any such debt, or for the executing of any such im><>^TL bonds deeds, covenants, or other securities a.s aforesaid, to Her of dJ^Tf '"?"' Majesty, or in any other by-lavr to be passed by the Council tracted wiih settle and impose a special rate per anuum, of such amount a.s 'S '3/"' the Council may deem expedient, in addition to all other rates whatsoever, to h,. levied in each year upon the assessed ratable property within the Municipality, for the payment and dis- charge of such debts, bonds, deeds, covenants or other securi- ties, or some part thereof, and the by-laws shall be valid al- though tne rate settled or imposed thereby is less than is' re- quired by the sections last mentioned ; ,n,nd the said sections shall, so lar as applicable, apply and exteiid to every such by- law, and the moneys raised cr to be raised thereby, as fully in every respect as such provisions would extend or apply to any by-law enacted by any Council for the creation of any debt as provided m the said sections, or to the moneys raised or to be raised thereby. R. S. 0. c. 174, s 339. (36 V. c. 48, s. 257.) Registration of By-laws. _ 353. Every by-law passed by any Municipality for contmct- By-laws creat- ing any debt, by the issue of debentures for a longer term than "'^' ^ei'tsto be one year, and for levying rates for the payment of such debts '''"'*"'"'• on the ratable property of the Municipality, or any part thereof, shall be registered by the clerk of such Municipality It a county, in the registry office for the county in which the county town is situate, or in case of local Municipalites in the registry office of the registration division in which the loc* 1 Municipality is situate, within two weeks after the final pass- ing thereof by such Municipality. 44 V. c. 24. s. 28 {part). 354. Every such by-law so registered and the debentui-es is- Amplication. sued thereunder, shall be absolutely valid and bindincr upon *" '^.'^' '■*'''^« such Municipality, according to the terms thereof, and shlll not •■'*'"'*'''^*'°"- be quashed or set aside on any ground whatever, unless an appli- cation or suit to quash or set aside the same be made 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 said court, stating that such suit or proceed- ing has been brought or application made shall have been registered in said registry office within such period of three months. ^n^!:«J/ .T^ 1^'^ or proceeding be dismissed, in whole or when by-law. in part, then the said by-law or so much thereof a not the subject of said apr'=.^-*-n. or not quashed upon application, shall be absolute ...^-. ^ -- the terms thereof, on the expi. date of the registration of such u jfj or 80 much j' thereof as is I J -1 • * . J.- - not quashed, : and binding, accordini- to *o t"' 'vaMA. of three months from 1bhe upon the dismissal of Certificate of f I V I /-v^ • I 1 1<^ VV11 nan 1 aC xw any such suit or proceeding, a certificate to that effect may be '"^""'^^^^ «f registered in the said registry office. m\\ M- 112 Chap. IH. MUNICIPAL INSTITUTK^NS. 4G Vic. Publication nf (3) Notice of tho passing,' of every l»y-law to which tliis and notice. ^.],jj nrecodinj,' section refer, and which has not hoen suhuiitted to tiie r;it('i)ayers, sliall iinnicdiatoly after the rei,'istrati()n of such by-law lie puhlislied in some public newspaper, piiblished either witliin tlie Municipality, or in tho county town, or in a public newspaper in an adjoininji; local Munieipality, as the Council may desiu;iiato 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, 44 V. c. 24, s. 2S ii>(ui). See sec. 4(if). Exception a.s to local im- uroveinent by-lawij. Form of notice. Manner of registz'atiop, F(irni of cer- tificate of pending suit. II JJ55. Nothing in the two precedinrj sections contained shall make it obligatory upon any city, town, oi- inc()rporate/-Uiws to he annual. In cane of deficiency. Sees. 3G3, 304. In case of excess. Sec. 305. Date f jm ivhich Taxes imposed. Sec 306 Friorttij of Debentures. Sec. 307. Power to exempt from taxation. Sec. 5GS Reduction of Special Rate. «eo. 309. Formalities in By-law therefor. Sec'. 370. 359 The Council of every Municipal Corporation and of e cry Provisional Corporation, shall kssess Ind '^vy on th. wl.ole ratable property within its jurisdiction, a sufficient sum in each year to_ pay all valid debts of the Corporat cm whetl e necLirv'fort^.f nf '^'^^'/^ f 'i ^°»'''"^^^ ^"^^^^^ °f ^he rates nece.saiy lor the payment oi the current annual expenses of tu Municipality, and the interest and the principal of the ZlhlsnTJA'^^^^^^ - ^'e 29?h day'of March, 1S7.3, exceed the said aggregate rate of two -ents in thc^ dollar on he actual value of such datable property, te Council ot such Municipality shall levy such further^atS as nZ be necessary to discharge obligations up to that date incurreTbut shall contract no further debts until the annual rates required to be^ levied within such Municipality are reduced within the aggregate Yearly rates til 1)6 levied, siitticient to pay nil debts payable with- in the year. Aggregate rate limited to two cents in the dollar. Provision when such a5,'L,'ref,'ate not sntticient to pay debts pay- able within the year. I !l 114 Proviw. Chap. 1«. MUNICIPAL INSTITUTIUNS. 46 Vic-. a;,"4r(i<,'at«' rati; aforosai<1 , Imt this sliall not afFoct any Hpofial Di-ovisioiis to Mu' coiitruiy ctviitaiii('(l in any special Act now ur U, S. ( >. c. 174, s. 84 (30 V. c. 4H, h. hoicafter in force How rfttesto :{<•»(). In Counties anf a special tax upon any particular locality, the amount in excess collected on account of .such special tax shall be appropriated to the .special local object. R. S. 0. c. 174, s. .340. (32 V. c. 30, s. 17.) Yearly taxes 366. The taxes or rates imposed or levied for any year shall to be coinimt- be Considered to have been imposed, and to be due on and from j'lnuaryi'un. the first day f lataliio onlri-of i.rioritv vvfiir.1, n...,, " • "J'" '^w, .«sl,all WM tho Januarv lS(i7 "^nn '^,''7,"^^"|.i..l on the said Hrst "''"^'^* autidpato., C- ss> (/) That the Council has retained at the credit of the soecial . i.u.-.- rate account of the debt a sum sufficient to meet the next y a ' --^e c.^ interest (naming the amount of it), and that the CuuncH has o meet th ".-T'^' 1 '^^ "^^^^"" *'"^^ ^^'^""^^ ^ «-- -ffiei-" it) Toi such e" r° ^PP»-«priation (naming the amount of Lienh>^«';;rn^ ^^'^^'"- '^y'" ^^/^^'^ ""^^-^^ ^PP^^^^^ by the Bylaws be Lieutenant-^Governor m Council. R. S. 0. c. 174, s. 353. (3G ^^^Tf^ '-^ V. C. la, s. 2G3.) Lieut.-Gover- nor. o ^.'^'^- ^A^'ter the dissolution of any Municipal Union ihp a .• • . forT ^"rr'/V^^ "if ^ ^" an'^ioipator/appXriatLnal"- lor the lelief ot the Junior Municipality, in respect of any debt "J ^^i^^^'>"°° secured by the by-law, in the same manner^s ?he inio, PaE!"" Municipality might do on its own behalf. R. S. 0. c. 174, s. 354. (,oo V. c. 4«, s. 204.) TITLE III.— RESPECTING FINANCE. DiV. I._ACC0UNTS AND INVESTMENTS. JJiv. II.— Commission of Inquiry into Finances. Division I.— Accounts and Investments. Accounts for Sj^ecial Rate and Sinking Fund. Sec 374 Sarplm on Special Rate, Application of. Sees. 375,' 376 Sarpbts on Special Rate, Investment of Sec 377 treneral Sup^us, Application of Sees. 378-381. ' Members of Gorporations not to be parties to investments. —Liability for. Sec. 3H2. Yearly Returns to Government. Sees. 383, 384. • ^J'f The Council of every Municipal orporation shall keep t one for'tb: ^^\-P--<^^— nts, on^e for tlL special ra t, anS -ouX to be one for the sinking fund, or for instalments of principal ot'^'^'-'i^^"''^' t'heTod's ;'' ^' '"'' :,l-tinguished from all otherlccoTnts in Klhf^^n^- the books by some prehx dcoignating the purpose for which l"^/""^"/ , anv othLT^LT"''"'''^' "^^ '^'^^ ^^^P '^' said accounts, wih SS^^ "^ any others that are necessary, so as to exhibit at all times the state of every debt, and the amount of moneys raised, obtained (3t v!T?8T 265 )' ^'^'""' '^'"'""^- ^- ^ ^- '• '^^'^^^^^^^^ , 375. If, after paying the interest of a debt and appropriat- wk SlavmentX-' '"™.*? the sinking fund of sn'^ ""^J' tiona pui poses and invest the same as well as any other moneys i'"'i'"«''«- iield by sucli Municipal Corporation for, or by it lawfully an- In-e^tment of propnated to, educational purposes, in public securities of the '"'"■ Dominion municipal debentures, or in first mortgages on real estate, held and used for farming purposes, and b^eing the firs hen on such real estate, and from time to time, as such securi- ties mature, may invest in other like securities, or in the securi- ties already authorized by law, as may be directed by such by-law or by other by-laws passed for that purpose. ^ of til Zl^Z.T '""^^l^^ 'Y- "^'""^ two-thirds of the value Proviso as to ot the real estate on ,/hich it is secured, accordina to the last "'v^^tment. revised and corrected assessment roll, at the time°i is so tn S. 0. c. 28, s. 7 ; and c. 20i, s. 03. 381. Any Municipal Corporation having surplus moneys t . same in a oan or oans to any Board ..r Boards of School Jr'?: ms' Znf:i ""/""^ '' '''' Municipality, for such t rn r terms, and at such rate or rates of interest as may be agreed upon by and be ween the parties to such loan or loans res^iect- ively and may be set forth in such by-law ; or may by by law Ai , . wayof'"^t?"'-? '' 'Sf -r^-- other general funib^^i^^^^^^^^^^ way of gift to aid poor School Sections within" the Municipal- cVs94 (•3GV.c.48,s.271.) See R S. 0. 38a. No member of any Municipal Corporation shall take k part in or in any way be a party to\he investment of al y ud ^'^'^^liou moneys as are mentioned in this Act, by or on behalf of thp ^" ^'^i'^^'y '° Sf:n&t:7nLnyX^^^^^^ 383. The Treasurer of any Municipality for which any sum at ■ • ,-.• ImStanT Tl'/ '"^^ '''''' '' the Ss^da'S &^^ Municipal Loan Fund, shall, so long as any part of such sum ?f"""=ri or of the interest therein, remains unpaid b^^ such Munici ,aT' ^Xa^Tul^ •, returns to Hi 120 Chap. 18. MUNICIPAL INSTITUTIONS. 40 Vic. Provincial Treasurer. Penalty for default. ity, transmit to the Treasurer of Ontario, on or before the fifteenth day of January in every year, a return, certified on the oath of the Treasurer before some Justice of the Peace, containing the amount of taxable property in the Municipality according to the then last assessment roll or rolls ; a true ac- count of all the debts and liabilities of the Municipality, for every purpose, for the then last year ; and such further infor- mation and particulars with regard to the liabilities and re- sources of tl'e Municipality as the Lieutenant-Governor in Council may from time to time require, under a penalty, in case of neglect or refusal to transmit tlie return, account, informa- tion or particulars, of SlOO, to be recovered with costs as a debt due to the Crown. R. S. 0. c. 174, s. 303. (30 V. c. 48, s. 273.) Every council 384. Every Council shall, on or before the thirty-first day of to make a January in each year, under a penalty of $20 in case of default, of thecM-pora- ^0 be paid to the Treasurer of Ontario, transmit to the Lieu- tinn debts to tenant-Governor, through the Provincial Secretary, an account Govemor.'etc. ^^ ^"'^^^ form as may be prescribed from time to time by the Lieutenant-Governor in Council, of the several debts of the corporation, as they stood on the thirty-first day of December preceding, specifying in regard to every debt of which a balance remained due at that day, 1. The original amount of the debt • 2. The date when it was contracted ; 3. The days fixed for its payment ; 4. The interest to be paid therefor ; 5. The rate provided for the redemption of the debt and interest ; 6. The proceeds of such rate for the year ending on such thirty- first day of December; 7. The portion (if any) of the debt redeemed or paid during such year ; 8. The amount of interest (if any) unpaid on such last men- tioned day ; and What such report must shew. 9. The balance still due of the principal of the debt. O. c. 174, s. 304. (30 V. e. 48, s. 274.) R. S. When a com- mision of inquiry may issue. Division II. — Commission of Inquiry into Finances. When granted. Sec. 385. Expenses of. Sec. 380. tJ85. In case one-third of the members of any Council, or thirty duly qualified electors of the Municipality, petition for a commission to issue under the Great Seal, to inquire into the financial 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 121 financial affairs of the Corporation and things connected there- with, ancl it sufhcient cause is shewn, the Lieutenant-Governor in Louncil may issue a commission accordingly, and the com- missioner or the commissioners, or such one or more of them as the commission empowers to act, shall have the same power to summon witnesses, enforce their attendance, and compel them to produce documents and to give evidence, as any Court has in civil cases. R. S. 0. c. 174, s? 365. (30 V. c. 48, s. 275 ) cJon^^'iM^^ expenses to be allowed for executing the commis- Expenses of sion shall bo determined and certiHed by the Treasurer of On *'"^''^ commis- tario. and shall thenceforth become a debt due to the commis- """'• sioner or commissioners by the Corporation, and shall be pay- able vvithin three months after demand thereof made by the commissioner, or by any one of the c nimissioners, at theoffice V ±1 T.?'^ ""^ ^'"'^ Corporation. R. S. 0. c. 174, s. 3GG. (3G V. C. i;0, s. 270.) ^ TITLE IV.-ARBITRATIONS. Division I.— Appointment of Arbitrators Division II.— Procedure. Division I.— Appointment of Arbitrators. How appointed. Sees. 387-391, 396. Failure of 2xirtles to appoint. '>Sfecs." 391, 392 Uespectimj real property taken hy Corporations. Sees. 393 Several interests in the same property. Sees 395 396 Award, when to be made. Sec. 397. ' ' ' Persons disqualified from acting as Arbitrators. Sec. 398. nn!p^.!k^^ appointment of all arbitrators shall be in writing Appointments uncei he hands of the appointers. or in ca.se of a Corporation ho';' made under the corporate seal, and authenticated in like manner as a by-law. R. S. 0. c. 174, s. 307. (36 V. c. 48, s. 277.) 388. The arbitrators on behalf of a Municipal Corporation r •, of 1 be appointed by the Council thereof, or b/the iSw 'rtTof, 368 toTti8!s"27sf" "^'^" ^'"""'- ^- ^- ^- '■ '^'''- Er'i'--* o,-f?^^" ^'\ ""^'^^ '''^'^''® arbitration is directed by this Act v^y. tw'f?''^^-.?"^^."Pr'"^ "^ arbitrator, and give not ce -y^S thereof in writing to the other party, calling upon such mrtv "" h'^'^'"'' ucffic r -"''^'^t^ "^ '^'^^^' ^^ *'- party To'ron^StTo^p-. U^Xfu r fit""- r^ "°'^'' ^° ^ Corporation shall be given '''' i'-^' V. c. 48!'s.l790 ^^^P^^^*^°^- ^- S- 0. c. 174, s. 369.^ (36 390. 1, dk i 1 flU' 122 diap, 18. MUNICIPAL INSTITUTIONS. 46 ViO. W ti! */I^'''*'*' ♦^^'^•, The two arbitrators appointed by or for the parties »l>i>»im;ml *»^aH within seven days from the appointment of the lastly narnfjd of the two arbitrators appoint in writing a third arbi- trator. R. S. O. c. 17-i, s. 370. (30 V. c. 48, s. 280.) When mm'^ than twii uiii' InUirtmitui, JJJM. In cases where more than two Municipalities are in- t<;rcst«!d, each of them shall appoint an arljitrator, and in such cane, if there is an equality of arbitrators, the arbitrators so appointed shall appoint another arbitrator, or in default at the ftrftti'/n ft# 3iK5. In case of an arbitration between a Municipal Corpora- ty Uiktmi'if'*^ ^'"" ^"'^ ^he owners or occupiers of, or other persons inter- iHjijwil/^ CHted in real property entered upon, taken or used by th«j Cor- pf>ration in the exercise of any of its powers, or injuriously affected thereby, if, after the passing of the by-law, any person interested in the property appoints and gives due notice to the head of the Council of his appointment of an arbitrator to de- termine the compensation to which such person is entitled, the hea^l of the Council shall, if authorized by by-law, within 7 days appoint a second arbitrator, and give notice thereof to the other party, and shall express clearly in the notice what powers the Council intends to exercise with respect to the property, describing it. R. S. O. c. 174, s. 373. (30 V. c. 48, s. 283 ; 40 V. c, 7, Sched. A, (176).) VrnvMim ff owmr of iffi^- imrty fniU in trftfc-cion thereof, and may either direct the payment of a fixed jum, or that such costs should be taxed on either the scale of che High Court of Justice, or of the County Courts, in which case such costs shall be taxed by the officer in the County of the proper Court, without any further order, and the amount shall be payable one week after such tax ation. Revision by the principal officer at Toronto may be had upon one week's notice and an appeal to a Judge in the usual manner. R. S. 0. c. 174, s. 381. (3G V. c. 48, s. 291.) 403. In case of a difference between the arbitrators, the de- cision of the majority of them shall be conclusive. R. S. 0. c. 174, s. 382. (36 V. c. 48, s. 292.) WW 1882-3. MUNICIPAL INSTITUTIONS. 125 NoteH of the evidence adduced to be takini and fileil in certain UUHeH, Arbitrators acting,' on tiieir own know ledKe, etc., to put Htateinent tiioreof in writing. Chap. 18. 403. In the case of any award under this Act, which does not require adoption by the Council, or in ca.se of any award to wliich a Munici[tal Corporation is a party, and which is to be nmde in pursuance of a submission containing an iijjreeinoiit that this section of this Act should apply thereto, the arbi- trator or arbitrators shall take, and immediately after the making,' of the award, shall tile with the Clerk of the Council, for the inspection of all parties interested, full notes of the oral evidence given on the reference, and also all documentary evidence or a copy thereof ; and in case they proceed partly on a view or any knowledge or skill possessed by themselves or any of them, they shall also put in writing a statement thereof sufficiently full to allow the Court to form a judgment of the weight which should be attached thereto. R. S. 0. c. 174 s 383. (36 V. c. 48, s. 293.) ' ' 404. In case the award relates to property to be entered Award to be upon, taken or used as mentioned in section 393, and in case the ^'"'''"« '^ by-law did not authorize or profess to authorize any entrv or m.mtbeaXpt- use. to be made of the property before an award has been niaue ^'' ''^ '^y-l^w excei)t for the purpo.se of survey, or incase the by-law did give' Tafn'thne?"" or profess to give such authority, but the arbitrators find that such authority had not been acted upon, the award shall not be binding on the Corporation unless it is adopted by by-law with- in six weeks after the making of the award ; and if the same is not so adopted, the original by-law shall be deemed to be re- pealed, and the property shall stand as if no such by-law had been made, and the Corporation shall pay the costs of the arbitration. R. S. 0. c. 174, s. 384. (30 V. c. 48, s. 294.) 405. Every award made under this Act shall be in writing Award to be under the hands of all or two of the arbitrators, and shall be m^^''^ by at subject to the jurisdiction of the High Court of Justice, as if made I'^UZlr,, on a submission by a bond containing an agreement for makin^r and .subject to the submission a rule or order of such Court; and in the easel ".iwerSlhe provided for by section 403, the Court shall consider not only Couits in such the legality of the award but the merits as they appear from the "'*"'^''«- proceedings so filed as aforesaid, and may call for additional evidence to be taken in any manner the Court directs, and may, either without taking such evidence or after taking «uch evidence, set aside the award or remit the matters referred, or any of them, from time to time, to the consideration and determination of the same arbitrators, or to any other person or persons whom the Court may appoint, as prescribed in " The ^- S. O. c. 50. Common Laiv Procedure Act," and fix the time within which such further or new award shall be made, or the Court may itself increase or diminish the amount awarded otherwise modify the award, as the justice of the case may seem to the Court to require. R. S. 0. c. 174, s. 385. (36 V. c. 48, s. 295.) TITLE IM 1 1 'i 4 -»■ ; i^^^H K ^M I m \ I 126 Chap. 18. MUNICIPAL INSTITUTIONS, 46 ViO, Debentures, bonda, etc., how to lie executed. Full amount recoverable, thoufjh nejfoti- ated at interest exceeding six Eer cent., or elow par. In certain cases, deben- tures valid without corpo- rate seal, etc. Debentures valid notwith st;in<' in},' de- fect in form. Proviso. TITLE v.— DEBENTURES AND OTHER INSTRU- MENTS. To he under seal and hear signature of head. Sec. 400. Neipt'iatinij—I nte. ed. 20-.'}() V. c. 'A, h. 217. Railway and Bunun Dehenturen. Sec. 407. Defects in form. Sees. 4()7-4{)0. Local hnjirovenient Dehentures. Sec. 403. Transfer of Registered Dehentures. Sees. 411-41.*?. Councils horrowing for current Expenses. Sec. 414. No issue under $100. >SVt'. 41.'). Restrictions as to Banking. 2!)-.30 V. c. 51, s.s. 218, 210. 406. All debentures and other instruments duly authorized to be executed on behalf of a Municipal Corporation sliall, un- less otherwise specially authorized or provided, be sealed with the seal of 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 of the Treasurer of the Municipality to sec that the money collected under .such by-law is properly applied to the payment of the interest and principal of such debentures. R. S. O. c. 174, s. 38G. (3G V. c. 48, s. 290.) [Section 217 of 29-30 V. c. 51, is as follows : — 217. Any such debenture issued as aforssaid shall bo valid and recover- able to the full amount, notwithstanding its negotiation by such Corpr i- tion at a rate less than par, or at a rate of interest greater than six r centum per annum, or although a rate of interest greater than six per centum per annum is reserved thereby or made payable thereon.] 407. Any debenture issued in aid of any railway, or for any bonus, signed or endorsed and countersigned as directed by the by-law, shall be valid and binding on the Corporation without the corporate seal thereto, or the observance of any other form with regard to the debenture than such as may be directed in the by-law. R. S. 0. c. 174, s. 387. (30 V. c. 48, s. 297.) 408. Any debentures issued under the authority of any by- law which has been promulgated under chapter 48, of the Acts passed in the thirty-sixth year of Her Majesty's reign, or under chapter 174 of the Revised Statutes, or under this Act, shall be' valid and binding upon the corporation, not- withstanding any insufficiency in form or otherwise of such by-law, or in the authority of the Corporation in respect thereof : Provided that the said by-law has received the assent of the electors where necessary, and no successful application has been made to quash the same within the time limited in the notice of promulgation. R. S. 0. c. 174, s. 388, part ; 44 V r. 94, a .^4. I9,a V o 48 « 298 ; .'^9 V. c 7. .s. 2 (Sched ).') 409. mmmmmmm tmmmm mmmmm^ 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 127 409. Where any (lobeiiture.shave heretofore been issued by Del-entoren any inunicipality under any by-law passed bvsuch nuinicipalitv •""•"'"f'"« and the mterest on such debentures an-'"»t im, Um heretofore paid for the period of two years of more bv the """''* V''^"" municipality such by-law and tlie debentures issued thereun- ^-'run.lvaUcl. der or such thereof as may yet bo unpai.l, shall bo valid and binding upon the (Corporation, and shall not be (luashcd or set aside on any ground whatever : Provided, that this section shall iwi., not aHect any by-law, debenture, or debt which is the subject ot any action or proceeding now pending and brought to .niash or set aside such by-law or debenture, or any by-law or de- benture, the validity of which is questioned in any suit or pro- ceeding now pending, to which the Corporation issuin" the same is a party. 44 V. c. 24, s. 27. See sec. 354. 410. Every debenture issuei^i^E Ofvu^e and Police Magistrate. lA.— IJOARD OF C0M.MISSIONERS OF POLICE Y ri ^^^^^^ ^"^^^^^ IN Cities and Towns. X.-COURT Houses, Gaols and Places of PRISONMENT. XI.-INVESTIGATIONS AS TO MALFEASANCE OF CoR. I'ORATE OfFKJERS. XII.- When Mayor may call out Posse Comitatus AND IM- Division I.— Justices of the Peace. Jmtices of the Peace, Who are ex officio. Sec 416 Jiirtsdiction of Mayors of Cities and Towns' Sec. 417 ijiiaUJicatwn and Oath of ex officio Jastices. Sec 418 ' ^^'^^'^^d^^^tum^of Justices i^^^ ^^g^., rn *^®- The head of every Council, and the Reeve of everv r . • JuTc'esn'm pP-'"? incorporated Village, shall,., o/^c "be SltrblT; J ustices ot the Peace tor the whole County, or Union of Counties "fT J"^"'^*" in which heir respective Municipalities lie, and Aldermen in "''^'""^• Ci les shall be Justices of the Peace for such Cities R S c. 174, s. 395. (36 V. c. 48, s. 306.) 417. The Mayor of a Town or Citv where thprp i<5 nn P^n«^ Magistrate shall have jurisdiction, fn adSttLn l^™ ^oth iL-.^S'S^S'' powers, to try and determine all prosecutions for offences a^^ainst '2'*'." the olTeuues. l!i 130 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. 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. R. S. 0. c. 174., s. 39G. (36 V. c. 48, s. 309.) 418. No Warden, Mayor, Reeve, or Alderman, after taking the oaths or making the declarations as such, shall be required to have any property qualification, or to take any further oath to enable him to act as a Justice of the Peace. R. S. 0. c. 174, s. 397. (36 V. c. 48, s. 314.) Jurisdiction of 419. Everv Justice of the Peace for a County shall have ji,8tices under juj.igdiction inall cases arising under any by law of any Muni- cipality in such County, where there is no Police Magistrate. R. S. 0. c. 174, s. 398. (36 V. c. 48, s. 310.) Qualification of certain officials. Jurisdiction in cases not specially pro- vided for. 420. In case any offence is committed against a by-law of a Council, for the prosecution of which offence no other provision is made, any Justice of the Peace having jurisdiction in the locality where the offender resides, or where the offence was committed, whether the Justice is a member of the Council or not may try and determine any prosecution for the offence. R. S. 0. c. 174, s. 399. (36 V. c. 48, s. 311.) Recovery and enfiircenient of penalties. Imprisonment in default of payment. Penalties imposed by by-laws. Award of penalty and coats, Division II.— Penalties, Recovery and evforcement thereof. Sees. 421-423. On offences against By-Laws. Sec. 422. Application of penalties. Sec. 424. 42 1 . Every fine and penalty imposed by or under the autho- rity of this Act may, unless where other provision is specially made therefor, be recovered and enforced with costs, by sum- mary conviction, before any Justice of the Peace for the County, or of the Municipality in which the offence was committed ; and in default of payment the offender may be committed to the Common Gaol, House of Correction, or Lock-up House of such County or Municipality, there to he imprisoned for any time, in the discretion of the convicting Justice, not exceeding (unless where other provision is specially made) 30 days and with or without hard labour, unless such fine and penalty, and costs, including the costs of the committal, are sooner pnid. R. S. 0. c. 174, s. 400 ; 42 V. c. 31, s. l.'). (36 V. c. 48, s. 315.) 433. The Justice or other authority before whom a prosecu- tion is had for an offence against a municipal by-law, may convict the offender on the oath or affirmation of any credible witness, and shall award the whole or such part of the penalty or punishment imposed by the by-law as he thinks fit, with tha ,JnPM,wi|,miiiF— ^■'^^PiBPBIil ^mmmmm^mmimmmmmimmimmmmm. IM 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 131 more Justices act toapfhp,: ih^ ^"^^o^ity, or in case two or [S« as to summary method of enforcing by-laws. Sec. 485.] Division III.- Witnesses and Jceoib. no may he witnesses. Sees. 42.5 426 ;"'s- ::t^f s.t2o ^^ '^"'■^--^"- '^-""^ - '-ompelhng Mcn» 3s:(arf :£ES - r« -^^^^^^^ defenclin.c,, shall also be connetenf wi^^ P'''^""', "^P"f"« °^ ratepayer member, office,- Treranf^, rS^ora'tirfhair *^*.»' Wrrrevt'r„f'Sr "hai,'^ incompetent a°T:reS t SSSt" 487. 132 Compelling witnesses to attend, etc. Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. 4'i7. In prosecuting under any by-law, or for the breach of any by-law, witnesses may be compelled to attend and give evi- dence in the same manner, and by the same process, as wit- nesses^-e compelled to attend and give evidence on summary proceedings before Justices of the Peace in c^ses tried sum- Sy! under the statutes now in force or which may be here- after enacted. R. S. 0. c. 174, s. 406. (36 V. c. 48. s. 322.) Division IV.— Convictions under By-Laws. Foi-Tii of Conviction. Sec. 428. ^ , 438 It shall not be necessary in any conviction made under SnS; any by-law of any Municipal C-P«-t7;^r,tf"1ant or U ; ^y'-^'- matioi, appearance or non-appearance of the defendant, or the evidence ol by-law under which the conviction is made, but all such convictions may be in the form following : . BE IT REMEMBERED Province of Ontakio, '^ ^ ^.D. County of , Uhat on the ^^ ^"^ , in the County of "■ A iJ. i8 convicted before the undersigned one of Her "^A. ooVry^o a cVi«» bylaw of ihe M„n>c^ahe, ot h, Lttraime be levied by dfstress and sale of the ooods and chattels of the said TijT and in default of sufficient distress, I adjudge the said A^'t btiS risoned in the Common Gaol of the sajd County of £;J:\^-S^^dt?;:f sums, ^d .1 «^S^^ —ying the said A. B. to such Gaol {or Lock-up), are sooner paid. Given under my hand and seal, the day and year first above written at , in the said County. (L.S.) "^ 'j.P. R.S.O.c.m,s.407. (36 V.c. 48,8.323.) Division V.-Execution against Municipal Corporations. Proceedings thereon. Sec. 429. Municipal Officers, also Offi^cers of Court. Sec. 430. ., ^- 439 Any writ of execution against a Municipal Corpora- L'^^Sre. tion may be^erTdorsed with a direction to the Sheriff to levy r;^SEs the amount thereof by rate, and the proceedings thereon shal then be the following : ^ ' ■■p^m^n^nm ^mmmmmm mm 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 133 mint t?fL^T "^'''^" "^1^^'' ^ '"^y °* *^^ ^"t ^^'^ ^'^dorse- sheriff to., e 1^' housP of f f'^'' "' ^'''? '"^'^ ^«Py ^*^ ^^^^ offi«« «r dwell- liS'fory t ing-nouseot that officer, with a statement in writincr of the ''"^r;' l*'"^'^- tion Ih^'i- ' '"^ '' f' '"°""' ^-^^""-l ^° satisfy ih execu! ^^^^^ dav a.nl^'"^ • " '"'^^ ^•"""'''^ *^" ^"'^^^•^^^^ calculated to some day as near as is convenient to the day of the service ; ,v,i^^- ^"^ f ^^ ^^^ amount, with interest thereon from the dav Tf , • . Te rl"af'"1f'""'^'-'" r P^^^^ ^« the Sheriff .itZlitVaeetL one month after the service, the Sheriff shall examine thp ^t'^^'i'""^ ^^ rSTre^s^ruw''" ^-'--*-- -^ shall^n irrnne^^^-^" suffic enUn .^"f i/"7'^^'^"^^ "'"^'^'P^^ P^H^'^ses, strike a rate with reh 1 jfr "f r^"^"' ^'^' r """^ ^^^*^ «'^ ^^^^ execution, coverXp ,-nf ?V" *^' "T' ^' ^^'' yJieriff deems sufficient tJ un to tt "'1: ^'' °r ^''■^' ^'^^ "^^ Collector's percentage, up to the time when such rate will probably be aviilable ; (3) Thr Sheriff- shall thereupon issue a precept or precents m, -fr- respective Collectors of the Corporation, and shall annex to l""' ''"■; '" every precept the roll of such rate, and shall by such precept ' after reciting the writ, and that the Corporatio/had neglected to satisfy the same, and referring to the roll annexed to the precept, command the 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 ; aftt^r il ''^'^- !^ ?^ u""^ ^°'' ^^"^y^"^ *^^ ^"""^1 '-ates next Rate roll« rlt u Tr'^^ °,^ '"'^, P'^'^P^^' <^he Collectors have a general rate roll delivered to them for such year, thev shall add a column thereto, headed " Execution rate in ^A. B. vs The ^ownship (or as the case may be, adding a similar column for each execution if more than one), and shall insert therein the amount by such precept required to be levied upon each person respectively, ond shall levy the amount of such execu- tion rate as aforesaid, and shall, within the time they are re- to f bP ^l "'•% f;.^^' ''^''T °f ^^^" S'^^^'^^ ^"'^"^l rate, return to the Sheriff the precept with the amount levied thereon, after deducting their percentage ; fppl;'lh^i'^^'''^'^'''"'^^f'''^^^'^y^"g ^^^ execution and all Surplus, fees thereon, pay any surplus, within ten days after receiving the same, to the Treasurer, for the general purposes of the Cor" poration. R. S. O.c. 174,s. 408. (3G V. c. 48, s. 324.) sh«1f ^n7?i? ^''''^' ^''^««or« ^^d Collectors of the Corporation cierk asBe« shall, for all purposes connected with carrying into effect or -rs and col-' permitting or assisting the Sheriff to carry into effect the nrn 'iS^"''^ ^".^' visions of this Act, with respect to such ex'ecutrnrbe deeE ^t^' to be 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 a tachment, mandamus or otherwise, in order to R S^O 1 74'' 2nf T.J^'^ ^"5'^^ ^^^^^^ ^"^P^-^ "pon them i^. b. U. 2. 174, s. 409. (36 V. c. 48, s. 325.) Division -if. ' I; ! m 134 Chap. 18. MUNICIPAL INSTITUTIONS. Division VI.— Tender of Amends. 46 Vic. actions for negligence Tender and payment into Court in actions for negligence. Sec. 431. Tenderofcom- 431. The Council of any Municipality, upon any claim being pensationin n^ade or action brought against any such Municipality lor damacres for alleged negligence on the part of such Mumcipahty, mav fender, or pay into court, as the case may be, such amount as they mav consider proper compensation for the damage sus- tained, and'in the event of the non-acceptance by the claimant of such tender or the amount paid into court, and the action beincr proceeded with, and a verdict being obtained for a less amount than the amount so tendered or paid into court, the costs of suit shall be awarded to the defendants, and set ott against any verdict which shall have been obtained against them. 44 V. c. 24, s. 25. {See sec. 341.) Division VII.— Contracts void in Equity. Contracts luith Members of Council. Sec. 432. ^ . . K 433 In case a member of the Council of any Municipality, Srr*/ifth either in his own name or in the name of another, and either the corpora- „| ^ iointlv with another, enters into a contract ot any voTd in a:>J^^' kind, or makes a purchase or sale in which the Corporation is a party interested, and which is on that account void or void- able in Equity, the same contract, purchase or sale shall be helcl void in any action thereon against the Corporation. K. b. U. 0.174,8.410. (3G V. c. 48, s. 327.) action. Police Offices in cities and towns. Division VIII.— Police Office and Police Magistrate {See also R S. 0. c. 72 ; 41 V. c. 4.) In Cities and Towns. Clerk of Sec. 434. Sec. 433. 433 The Council of every Town and City shall establish therein a Police Office ; and the Police Magistrate, or in his absence, or where there is no Police Magistrate, the Mayor of the Town or City shall attend at such Police Office daily or at such times and for such period as may be necessary for the disposal of the business brought before him as a Justice ot the Peace ; but any Justice of the Peace having jurisdiction in a Town or City may, at the request of the Mayor thereof, act in his stead at the Police Office. mB!mmnmimimmmmmm mmtmmmmiimimmmmmmmiiflllM mp- 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 135 (2) Except in cases of urgent necessity, no attendance is re- Day« on which quired on bunday, Uhnstuias Day or Good Friday or anv dav '^"endancenot appointed by proclamation for a Public Fast, Thaiikscrivincr or '"^""■"^• Ho K ay, or on any day set apart by the Council a° a Ci'vic Hobday. R. S. 0. c. 174, s. 411. (30 V. c. 48, s. 328.) (3) Every Police Magistrate shall be entitled to receive the Fenn of ,...Hce same tees and emoluments as are paid to justices of the peace • '"a^'strate. and in case a Police Magistrate is p:ud by a fixed salary, the said tees and emoluments, whether received by him as Police Magistrate or as a Justice of the Peace, shall be paid to the municipality and form part of its funds ; but this section shall not authorize the imposition of such fees by a Police Macristrate who IS paid by fixed salary, upon any Inspector of Licenses or upon any Provincial officer appointed under the Liquor License Act in or in respect of any case or complaint prosecuted by him or them under the said License Act or under the Canada Tem- perance Act of 1878, or upon any person or persons who, by the written authority of the Attorney-General of this Province prosecutes any complaint under either of the said Acts. (4) No Municipal Council shall have power to reduce the Reduction of salary ot auy police magistrate without the sanction of the •'''^^'^•■y"fi'o"ce Lieutenant-Governor in Council. magistrate. »<■•© r° .Po^'c/^i^%i«trateneed act in any case arising outside When police or the limits ot the city, town or place for which he is Police "'^gistrate Magistrate, unless he sees fit so to do. 43 V. c. 24, s. 9. ""' *"*■ nthtf nl.?'" ^\'^^ n ^^' ^?''T\ ^^""^"^'^^ ^'^^ °^ ^OWn, or such Clerk of police other person as the Council of the City or Town appoints for "*««. ^^ ^t<=- laws to attach penalties for the infraction thereof to be re- w covered and enforced by summary proceedings beLe the"""""'" Police Magistrate of the City for which the same are passed d Winn H ''"'•'' ^i"""" ^"^ '^"'"'^ ^*' *'^^ P«^«« h^^ing juris- diction therein in the manner and to the extent that ^-laws ot Ut> Councils may be enforced under the authority of this Act ; and the convictions in such proceedings may be in the isZ %'!;'^'''''' ''' ''''^- ^- « 0. c. 174^ s. 417. (Sffv c buf m?v nW ^?''l''^''^'7v^^^^ '^^^^ ''^PP'^'"* ^ High Bailiff, High bailiffs. but may provide by by-law that the offices of High Bailitf and and as many Constables and other officers and assistantels tl e *"""• Council from time to K^ne deem necessary, but in Cities not iuL' 1 . ?T^? • '^"?- ^\^r^ ''^'''^ '' be absolut ly re- quired ; but this section shall not affect or apply to any city in nnH. u A appointment, control and management of the is (37'.^ : fcT n'.) ^- '• ''• '' '''' '- ''' ^ '' ^- «• ''' - bvtnrfh^^'fr-'"^r °^f.l^ ^?"'" ^°^^^ «ball be appointed Appoi„tn>ent thJ Qtfn Arrets K SsSe^^tir ^ °"^ '^^'-^'^ ^^^^ '^^ ^ -- and ih«i- T wi-li f *i I, ^ w-ithout favour or affection, malice or ill-will • R. S. 0. c. 174, s. 420. (36 V. e. 48. s. 340.) 1«ft*^' ^i'u ^"^""^ f^^^' ^'^™ *^'™^ *« *™e, make such regU- Board to make lations as they may deem expedient for the government of the PoHce -gX J, tions. lorce. r Kf. ■ i 138 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vio. Constables to be subject to the Hoard. Duties of constal)les. force, and for preventing neglect or abuse, anrl for rendering the force efficient in the discharge of all its duties. R. S, (). c. 174, s. 421. (3G V. c. 48, 8. 341.) 444. The Constables shall obey all lawful directions, and be subject to the government of the Board, and shall be charged with the special duties of preserving the peace, preventing rob- beries and other felonies and misdemeanors, and apprehending offenders ; and shall have generally all the powers and privi- leges, and be liable to all the duties and responsibities which belong by law to Constables duly appointed. K. S. 0. c. 174, s. 422. (36 V. c. 48, s. 342.) Remuneration 445. The Council shall appropriate and pay such i-emunera- and contingent ^^^^ ^^^. ^^j-^j ^.|j ^.j^^ respective members of the force as may be expenses. required by the Board of Commissioners of Police, and shall provide and pay for all such offices, watch-houses, 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 aftect or apply to any city iri which by the special Act of incorporation thereof provision is made for the appointment, control and management of the Police by the Council. R. S. 0. c. 174. s. 423 ; 44 V. c. 24, s. 23. (36 V. c. 48, s. 343.) 446. The Council of every Town not having a Board of Commissioners of Police shall, and the Council of every incor- porated Village may, appoint one Chief Constable, and one or more Constables for the Municipality ; and the jpersons so ap- pointed shall hold office during the pleasure of the Council. R. S. 0. c. 174, s. 424. (37 V. c. 16, s. 12.) 447. Wherever in any Town there was on the twenty- fourth day of March, 1874, a Board of Commissioners of Police constituted under the Acts then in force respecting Municipal Institutions in this Province, the Council of said Town may by by-law dissolve and put an end to said Board, and thereafter the Council shall have and exercise all powers and duties which might, under said Acts, have been had or exercised by said Board ; and unless and until so dissolved and put an end to, the said Board shall have and exercise all the powers and duties which, but for this section, would have been exercised or had by said Board. R. S. O. c. 174, s. 425. (37 V. c. 16, s. 13.) 448. In case any person complains to a Chief of Police, or to a Constable in a Town or City, of a breach of the peace having been committed, and in case such officer has reason to believe that a breach of the peace has been committed, though not in his presence, and that there is good reason to apprehend that the arrest of the person charged with committing the same is necessary to prevent his escape or to prevent a renewal of a breach Constables in towns and villages. Dissolution of boards of police com- missioners in towns. Arrests by constables for alleged breaches of the peace not com- mitted in their presence. 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 139 breach of the peace, or to prevent immediate violence to person or property then if the person coajplainin- gives satisfactory security to the officer that he will without delay appear and prosecute the charge before the Police Magistrate or before the Alayor or sitting Justice, such officer may, without warrant, arrest the person charged in order t.; his being conveyed as soon as cnnvei.iently may be before the Magistrate, Mayor or 420 mvT '''-'' ^'''^"'■^'"S to law. R. S. 0. c. 174. s. 449. Until the organization of a Board of Police everv tt *-i u , Mayor or Police Magistrate may. within his jurisdictL^s^'^'lS^^^^^^^^ pena trom office, for any period in his discretion, tue Chief l"^''"''*'}' Constable, or any Constable of the Town or City, and may if I^^^^v'^^^pend He chooses, appoint some other person to the office diirincr mch P'/'^^ =""«*''■ period ; and in case he considers the suspended officer deservin.^ office^'etc'"'" ot 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 ot his suspension has expired : and the City Council shall have the like powers as to the High BaihflP of the City. R. S. O. c. 174, s. 427. (36 V. c. 48, s. 340.) ^ eaifahi?"o?«'r ^ ^^'^ ''}'^^^''^'' «f ^^^ch officer he shall not be Incapacity of capable ot acting in his office except by the written permission ™ch officer to ot the Mayor or Police Magistrate who suspended him. nor T; during such suspension shall he be entitled to any salary or re- cels7 '" muneration. R. S. 0. c. 174, s. 428. (30 V. c. 48 s 347) Division X.— Court-Houses. Gaols and Places of Imprison- ment. Erection and care of. Sees. 451-469. 472-475 Use of by Maritime Court. Sec. 466. Insurable interest of Corporations. Sec. 470 Furniture. Sec. 471. Who to be confined in. Sees. 459, 461, 462 476 479- 29-'?n V.c. 51. ss. 409, 414and415. ' ' ' ' ^ •'^ Expense of prisoners. Sees. 477. 478. 45 1. Every County Council may pass by-laws for erecting, County coun- improving and repairing a Court-House. Gaol. House of Correc- ,*=» "^y p««« trM.?nV rf «^^"^f ^7' "Po^ land being the propertv of^^^^Cl the Municipality, and shall preserve and keep the same in re- ^^^^ : pair, and provide the food, fuel and other supplies requi-'.d for the same. R. S. 0. c. 174, s. 429. (36 V. c. 48, s. 348.) 453 Every County Council may, when a Court House is re- And for ac quired to be erected within the limits of a city, pass by-laws ^"i"„g land ±or entering upon, taking, using, and acquiring such land iZZfn as may be necessary or convenient for the purposes of such -tieT court house. 43 V. c. 24, s. 20. 453 140 Chap. 18. MUNtCIPAL INSTITUTIONS. 4G Vic. Gaols and 453. The Gaol, Court-House and House of Correction of the countieH and'" County in which a l\)wn or City, not .separated for all^ pur- citicM, etc.not poscs from a County, is situate, shall also be the Gaol, Court- Heimrate.1. Housu, and Houso of Correction of the Town or City, and shall in the case of such City, continue to be so until the Council of the City otherwise directs ; and the Sheriff, Gaoler and Keeper of the Gaol and House of (Correction .shall receive and .safely keep, until duly discharged, all persons conunitted thereto by any competent authority of the Town or City. R. S. 0. c. 174), .s. 4;3(). (30 V. c. 48, s. :w.).) City councils 454. The Council of any City may erect, preserve, improve, "Sn^puWi'c' a-nd provide for the proper keeping of a Court-House, Gaol, buildingH. Ho\ise of Correction and Hou.se of Industry upon lands being the property of the Municipality, and may pass by-laws for all or any of such purpo.scs. R. S. O. c. 174, s. 431. (3G V. c. 48, s. 350.) Lock-up 455. The Council of every County may establish and main- esuhMshed by ^^^^ ^ Lock-up House or Lock-up Houses within the County, county coun- and may establish and provide for the salary or fees to be paid ^^' to the Constable to be placed in chai'ge of every such Lock-up House, and may direct the payment of the salary out of the funds of the County. R. S. O. c. 174, s. 432. (3G V. c. 48, s. 351.) A constable to 456. Every Lock-up House .shall be placed in the charge of cha'rKe ^'^ '" ^ Constable specially appointed for that purpose by the Magis- trates of the County at a General Sessions of the Peace there- for. R. S. 0. c. 174-, s. 433. (36 V. c. 48, s. 352.) Lock-up houses. 457. The Council of every City, Town.ship, Town, and in- corporated Village may, by by-law, establish, maintain and regulate Lock-up Houses for the detention and impiisonment of persons sentenced to imprisonment for not more than ten days under any by-law of the Council ; and of persons detained for examination on a charge of having committed any offence ; and of ]iersons detained for transmission to any Common Gaol or House of Correction, either for trial or in the execution of any sentence ; and such Councils shall have all the powers and authorities conferred on County Councils in relation to Lock- up Houses. R. S. 0. c. 174, s. 434. (36 V. c. 48, s. 353.) Joint lock-up 458. Two or more Municipalities may unite to establish ^°"'"^- and maintain a Lock-up^ House. R. S. O. c. 174, s. 435. (36 V. c. 48, s. 354.) 459. The Council of every County, City or Town separated from a County may acquire an estate in landed property for an Industrial Farm, and may establish a House of Industry and a House of Refuge, and provide by by-law for the erection and repair thereof, and for the appointment, payment and duties of Inspectors, Keepers, Matrons and other servants for the Land may be acquired for industrial farms, house of indu.'itry, refuge, etc. ''^^'I'mmmmmmmmfKnfiiKimmmKm 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 141 the suporintondence, care and management of such Houses of Industry or Refuge, and in like manner make rules and regu- lations (not repugnant to law) for the government of the same. (2) Any two or more United Counties, or any two or more Proviso a» to contiguous Counties, or any City and one or more Counties, or ".n>'«'l "rt-on- any Town or one or more Counties, may agree to have only ti^T''" '^"""" 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. R. S. O. c. 174, s. 436. (86 V. c. 48, .s. 355.) (3) The Council may provide, by by-law, for requiring such Power to persons as may be sent to such Industrial Farm or other place «=""'Pel per. to work on the said Farm, or at any work or service for the said i'nXs'rr"!!*'' Municipality at such times, and for such hours, and at such '"■''"'''. etc, to 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 m^^intenance of the wife and child or wife or children (if any) ot such persons, or for the general niaintenance of the farm or other place 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. 44 V. c 24 s. 9. ■ ' iJ 460. The Inspector of a House of Industry or Refuge ap- inspectors to pointed as aforesaid, shall keep an account of the charges of 'j^®'^ ^""^ •■«"• erecting, keeping, upholding and maintaining the House of „f expenses? 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. R. S. O. c, 174, s. 437. (36 V. c. 48, s. 356.) 461. The Council of every City and Town may respectively By-laws may pass by-laws : be passed estalilishing (1) For erecting and establishing within the City or Town, Tnd'housrof or on such Industrial Farm, or on any ground held by the correction. Corporation for public exhibitions, a Workhouse or House of Correction, and for regulating the government thereof. R. S c. 174, s. 438 (1) ; (2) For committing and sending, with or without hard Who liable to labour, to the Workhouse, or House of Correction, or to the theret^'"'"^*^ 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 foi- the said Municipality as aforesaid, by the Mayor, Police Magistrate, or Justice of the Peace, while having jurisdiction i I- 142 Chap. 18. MUNICII'AL INSTITUTIONS. 40 Vic. jurisdiction in the Municipality, such disorrlorly perHons, druni , which tliey are required to provide unde^he provSs S' f-i S sections 46.. and 4G9 of this Act, unless the sameTa been offi^ ■^^"""*^ ordered by the council or by some person d-i- l.^v "f - ] - '' them so to do. 43 V. c. 24."' s. 12 " "" ' ai...on.cd y Reference to arbitration in case of dia- aifreeinent. as ms 144 Insurable in- terestB of cor- porations in certain catses. Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. 471. The Corporation of any county and city or town sepa- rated from the County, are hereby declared to have respectively insurable interests in the Court House and Gaol of the county and the furniture thereof in the proportions in which they shall for the time being be liable to contribute towards the erection, building, repairing, and maintaining the same, and towards providing necessary accommodation and furniture for the said Gaol and Courts of Justice, and for the officers connected with such courts and any such Corporation may insure its said interest accordingly. 42 V. c. 31, s. 17 (2). Liability of 473. In all cases in which any city is required to contribute £*to''co8t"of to the cost of erecting or building a court house or gaol, not erecting court- commenced before the fifth day of March, 1880, the council of gaofs!" ^^^ s^ch ^^^'y ^^^^^ "o*' ^® bound to pay for any part of the ex- penditure thereafter incurred in respect thereof, unless the same has been concurred in by the Council of such city, or in case of dispute has been determined by arbitration, accord- ing to the provisions of this Act, and the Council of the city shall have a voice in the selection of the site of the court house and gaol ; and in case the council of the County and city shall fail to agree upon the selection of such site, the same shall be settled and determined by arbitration, e ■ wording to the provisions of this Act. 43 V. c. 24, s. 19. Compensation 473. While a City or Town uses the Court House, Gaol or Ke ""f*"'"" House of Correction of the County, the City or Town shall pay court-house, to the County such compensation therefor, and for the care and maintenance of prisoners, as may be mutually agreed upon, or settled by arbitration under this Act. R. S. 0. c. 174, s. 446. (36 V. c. 48, 3. 304.) etc When the amount of compensation may be re- considered. 474. In case after the lapse of five years from such com- pensation having been so agreed upon or awarded, or having been settled by statute, and whether before or after the passing of this Act, it appears reasonable to the Lieutenant-Governor in Council, upon the application of either party, that the amount of the compensation should be reccmsidered, he may, by an Ordei- in Council, dire:!t 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 frona the time so named in the order. R. S. G. c. 174, s. 447. (36 V. c. 48, s. 365.) Existing lock- 475. Nothing herein contained shall affect any Lock-up "Il,Hn!fr *" House heretofore lawfully established, but the same shall con- """ """• ^j^^^ ^^ j^p ^ Lock-up House as if established under this Act. R. S. O. c. 17 i, s. 448. (36 V. c. 48, s. 366.) continue. This Act not 476. Nothing herein contained shall be taken or construed Vc^'^sf 8^409 *° saS:eci or repeal section 409 of the Act passed in the Session '*'"'*" "of the Parliament of the late Province of Canada, held in the twenty-ninth -Ill'" M. nimmmminmimmmmmiKfSI ■PlfliPMaill 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 145 [Section mof^im,a a gaol Payment by is remove rL ^ is located, an(i from which any person >nnnici,.alitL "77 r. ^ a provincial bailirt; under the provisions o?f'"'"'""""'°^ Ihe Ac respecting the removed of persons /C^ Sn?r '''"'""" the T .'n ''"'"'r. /-^/^.^^^om^'■ shall be lilb e to pay o cu red ?n thl ° ,„^ ,^^"?"^' '^^ '»— '- ^'^ expen^S in! S'etl er vvi h i v v ''"'^ conveyance of each suih person, safarvnrofb. ^ Per centum a •», ff 415 Everv person committed to the House of Industry or of Refuge, SrSr*°' if fifanfa7e,S7b: kept diligently e-pWed aUabour dunng his con^ inmates. tinuance there ; and in case any such person is idle and ^oes "ot pertorm such reasonable task or labour as may be assigned, or is stubborn, dis obedieTord "orderly, such person shall be punished according to the rules and Regulations of the House of Industry or of Refuge in that behalf.] Investigation by county judge of charges of malfeasance by municipal officers. Judge to have powers men- tioned in R. S. O. c. 17, Division XI.— Investigations as to Municipal Officers AND Government. 480 In case the Council of any Municipality at any time passes a resolution requesting the Judge of the County Court of the County in which the Municipality is situate to investi- gate any matter to be mentioned in the resolution and relat- in.. to a supposed malfeasance, breach of trust or other miscon- duct on thi part of any member of the Council or officer ol the corporation, or of any person having a contract therewith, in relation to the duties or obligations of the member officer or other person, to the Municipality, or in case the Council ot anv Municipality sees tit to cause inquiry to be made into or concerning any matter connected with the good government of the Municipality, or the conduct of any part ot the public business thereof, and if the Council at any tune passes a reso- lution requesting the said Judge to make the inquiry, the Judcre shall inquire into the same, and shall for that purpose have all the powers which may be conferred upon Commis- sioners under "The Act respecting Inquiries concerning 1 iMic Matters," '<.nd the Judge shall, with all convenient speed, repor to the Council the result of the inquiry and the evidence taken thereon. R. S. 0. c. 174, s. 4.52. (3G V. c. 48, s. 370.) Mayor may call out posse comitatun. Division XII.— When Mayor may call out Posse Gomitatus. 48 I The Mayor of any city or town may call out the posse comitatas to enforce the law within his municipality should exigencies require it, but only under the same circumstances in which the Slierift of a County may now by law do so. K. S. 0. c. 174, s. 45.3. (36 V. c. 48, s. 371.) ■ppppnn^iii'.^ -I Mjfimmmmmmmmmimm 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 149 PART VII. POWERS OF MUNICIPAL COUNCILS. TITLE I.-IN GENERAL. llVi'l \lr^^ ^^ HIGHWAYS AND BRIDGES Div. L TITLE I.— POWERS IN GENERAL. Div. DlY. Div. Div. Div. Div. Div. Div. ■Of Codnties, Townships, Cities. Towns, and In- CORPORATED VILLAGES. II.-Of Townships, Cities, Towns, and Incorporated VILLAGES. ?v'~^^^^^^^ ^^ CoL-NciLs OF Counties and Cities V "7. "^^ ^^^"^^' ^^"^^' ^^^ Separated Towns li X ^y^^^^' Towns, and Incorporated Villages VI.— Of Cities and Towns. ^JJv~^;^ Towns and Incorporated Villages V 111.— Of Counties only. IX.— Of Townships only. Division L_Powers of Councils of Counties, Townships Cities, Towns, and Incorporated Villages. Respecting the obtaining of property. Sec. 482 (1). Appointment of certain officers. Sec. ^^82 (2 S) Harbours, Docks, etc. Sec. 482 (4, 8). Aid to Agricultural, etc., Societies. Sec. 482 (9) Manufacturing Establishments. Sec. 482 " « ^^^^'^ Gom2Mnies, etc. Sec. 482 (11). Indigent persons and charities. Sec. 482 '' Census. Sec. 482 (13). " Driving and Riding. Sec. 482 (14) Drainage. Sec. 48:2 (1.5, IG). ;; ^f ode of Egress from Buildings. Sec. 4>H2 (17) J'mea and Penalties. Sec. 482 (18-20) Purchase of Wet Lands. Sec. 482 (21)" Ornamental Trees. Sec. 482 (22). Temperance Laivs. Sec. 482 (23).' Seizure of Bread of short lueight. ' Sec. 482 (24) Contracts for Supply of Water. Sec. 4>HS Discovery of Crimes. Sec. 484. Summary Remedy if By-latvs not obeyed. Sec 485 tompensation for lands taken. Sees 486-489 ' " Powers in relation to Roads and Bridges. See 'sec. 650, et seq. 482. ^ ff 148 Chap. 18. MUNICIPAL INSTITUTIONS. 40 ViC. Councils may 483. The Council of every County, Township, City, Town, Sws'-^' and incorporated Village may pass by-laws:— For obtaining property, real Obtaining Property. X.U u.,..uu..H (1) For obtaining such real and personal property as may be property, real ^-cnuired for the use of the Corporation, and for erectmg, inl- and personal. 1^. ^_^^ ,„aiutaining a hall, and any other houses and buildim's required by and being upon the land of the Corpo- ration, and for disposing of such property when no longer re- quired ; R. S. 0. c 174, s. 454 (1). (3G V. c. 48, s. 372 (1).) , Appointing certain Oficey'iJ. (2) For appointing such — Pound-keepers, Eoad Surveyors, Fence-viewers, Road Commissioners, Overseers of Highways, Valuators, Game Inspectors, May appoint and other officers as are necessary in the affairs of the Corpo- certain nation, or for carrying into effect the provisions of any Act ot officers. ^j^^ Le-e R S. O. c. 188, s. 2 ; lb. c. 192, s. 5 ; 43 V. c. 31, s. lo. May fix fees (3) For regulating the remuneration, fees, charges and duties and securities, ^f y^di officers, and the securities to be given for the perform- ance of such duties ; R. S. O. c. 174, s. 454 (3). (3G V. c. 48, s. 372 (3).) See sec. 280, ante. Harbours, Docks, etc. (4) For rei-fulating or preventing the encumbering, injurijig, or foulin(^ by animals, vehicles, vessels-or other means, of ary public wharf, dock, slip, drain, sewer, shore, bay, harbour rive-r or water ; R. S. 0. c. 174, s. 4G0 (1) ; 42 V. c. 31. s. 19 ; (3b V. c. 48, s. 378 (1).) (5) For directing the removal of door steps, porches, railings or other erectious,'or obstructions projecting into or over any wharf, dock, slip, drain, sower, bay, harbour, river or water, or the banks or shores thereof, at the expimse of the proprietor or occupant of the property connected with which such projections are f-ound ; R. S 0. c. 174, s. 460 (2). (3G V. c. 48, s. 378 (2).) ' . (6) Cleanliness of wharves, docks, etc. Removal of door steps, etc., obstruct- in;,' wharves, etc. mmm ■■■I np 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 149 (6) For making opening, preserving, altering, improving Making, etc and maintaining public wliarves, docks,llips, shores, baVs, hai- f Y'"^'-«- boiirs, rivers or waters and the banks thereof- R S O'r 174. '''"^''''' ^*c. s. 4GO(;3). (30 V. c. 48, s. 378 (3).) ' " ^- ^- ^- ^^*' (7) For regulating harbours ; for preventinn- the fillino- un oi- m t .■ encumbering thereof; for erecting Ld maintaining tKL^- i».tU sary beacons, and for erecting and rentinr' wharves nirrs anrl '",'"'' ^^h'^"'e«, docks therein, and also rioating elevators.^derdck" ;Snes 2l ''''''"'" ''- other machmery suitable for loading, discharging or repairincr vessels ; for regulating the vessels, crafts and rafts arriving in Vessels etc lid b(nir dues thereon as may serve to keep the harbour in o-ood order an( to pay a harbour master ; R. S. 0. c. 174, s. 4(J0 (4) (oO V. c. 48 s. 378 (4).) ^ '' canllZTl &''^f;"g,^^^^ by way of bonus, for or towards the Granting aid construction of harbour.^ wharves, docks, slips, and necessary I''^ "'^-^ "^ thr'omdi ''; r^ .'''''''' l^ke, or navigable water passing in !=, ^td^'^^- wl"! " ,""""'" 'f'^y P^''^ "^ ^^'^ boundary of a County whether such bonus be given by s.ich County or by a City lown, lownship.or incori.orated Village situate therein, and to pay such bonuseither in one sum, or in annual or other periodi- cal payments, with or without interest, and subject to such terms eredS-'"'' ''^'<^"'^*^^°'^'^ ^« ^^'"^ «aid Municipality may deem' (ct) No such by-law shall be passed until the assent of the Assent of electors has been obtained in conformity with the provisions of et'torslces- this Act in respect of by-laws for creating debts ; ''*''y- (hj Any Municipality granting such aid may take and receive ^p. > of and from such person or bo.ly corporate, receiving any'uch be'tK."^^ aid, security for the compliance with the terms and conditions upon which such aid is given. 42 V. c. 31, s. 19 (2). ^idinfi Agricultiival and other Societies. JUVZ f ^'^*'^? '^«n?y or lan.l in aid of the Agricultural Granting aid and_A its Association of Ontario, or of any duly orcranized *" '^•■''"«"lt"ral Agricultural or Horticultural Society in Ontari.3, or of Iny in- ""'""• coiporated Mechanics' Institute within the Municipality or T^fT ^'M ^^^J°i^"^S" ^Ivinicipality : R. S. O. c. 174, s. 454 (4) (3G V. c. 48, s. 372 (4) ; 40 V. c. 1>, s. 1130 ^.. a/«o R. Vo. C. Oi), s, ilo. Aiding Manufacturing Establishments. (10) For granti^ng aid by way of bonus for the promotion of Granting ai anutactures withni its limits, by granting such Jum or sums '^-^ -^^ "f such Zlhnr\ P?'" °^:^'^^ •T'-P^^-^^'-- ^^^^ "^ r^^P^^t of :;;a'nuf cture. such blanch of industry as the said Municipality 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 mam aid I ■ MUNICIPAL INSTITUTIONS. 46 Vic. t ; Ver»f)M In- ier^mUn^ in iumnmny tuii t<» votH im ity' Uw Minn mum. SwijHty uMy ha tok«tt. 150 Chap, 18. and Hubject to such terms, conditions and restrictions as the »aid 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 thi» Act in respect of by-laws for creating debts. R. S. 0. c. 174, H. 454 1 h), part. (36 V. c. 48, s. 372 (5), part.) See sec. 322. (b) No property owner or lessee interested in, or holding shares or stock in, any Company shall be qualified to vote on a by-law for the purpose oi granting a bonus to the Company in which he is so interested as aforesaid. 42 V. c. 31, s. 34. (c) Any Municipality granting such aid, may take and re- ceive security for tile compliance with the terms and conditions upon which such aid is given. R. S. 0. c. 174, n. 454 (5 h). (36 V. c. 48, s. 372 (5), part.) And see section 368 an to exempting manufacturing establishments from taxation. Aiding Eoad Companies, Etc. AidfiirnmtU, (11) For taking stock in or lending money, or granting hlrlwuro"** bonuses to any incorporated company, in respect of any road, bridge or harbour, within or near the Municipality, under and subject to the resi)ective statutes in that behalf, or for granting aid' by way of bonus to any incorporated road or bridge com- pany; A«*»nt Iff (a) No such by-law granting such aid by way of bonus shall elector ttsmf- ^^^, pa.ssed until the assent of the electors has been obtained in wjnformity with the provisions of this Act in respect of by- laws for creating debts. R. S. 0. c. 174, s. 454 (6). (37 V. c. 16,8,14; 39 V. c. 34, s. 9.) Aiding Indigent Persons and Charities. (1 2) For aiding in maintaining any ind igent person belonging to or found in the Municipality at any Work-house, Hospital or 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; R. S. O. c. 174, s. 454 (7). (36 V. c. 48, s. 372 (7).) >See post, sec. 504 (12). Census. Local mmua. (13) For taking a census of the inhabitants, or of the resident male freeholders and householders in the Municipality ; R. S. O. c, 174, 8. 454 (8). (36 V. c. 48, s. 372 (8).) Driving or Riding on Roads and Bridges. (14) For regulating the driving and riding of horses and other cattle on highways and public bridges, and for preventing rac- ing, imiaoderate or dangerous driving or riding thereon ; R. S. O. c. 174, s. 454 (9). (36 V. c. 48, s. 372 (9).) Drainage. 8»iy Aiding ln' down ^'i.'ping up drams, sewers or water-courses, within the jurisdiction of the' i:Z:^L, Council, and tor entering upon, breaking up, takino- or usinc^ «'«• any land in any way necessary or convenient for the said pur° poses, subject to the restrictions in this Act contained • R S O. c. 174, s. 454 (10). (3(J V. c. 48, s. 372 (10).) Highways and Drains Across Raihvay Lands. (16) For establishing,opening, making, preserving,iniproving. Highways maintaining, widening, enlarging, altering, divertinrr or ston- '*'"• ••r'""*' ping up within the limits of the Municipality any highway or Sr ''''""'' public drain through, over, across, under, along or upon the rail- way and lands ot any railway companv, and for entering upon breaking up, taking or using any such land in any way neces- sary or convenient for the said purposes, but subject to the terms A, 'f^oo'*^''"'? '^o"^^""^ '^ " ^''^ R^'^'^li^ay Streets and Drains Act, 168"J,^ and provided that such highway or drain is under the provisions of this Act, within the jurisdiction of the Coun- cil. 4o V. c. 21, s. 4. Egress from Buildings. i\.^}J? For regulating the size and number of doors in churches. Doors etc theatres and halls, or other buildings used for places of wor- "f PuWlc ship, public meetings, or places of amusement, and the street '''"^^''"'^'• gates leading thereto, and also the size and structure of stairs and stair railing m all such buildings, and the strength of beams and joists, and their supports; R. S. 0. c. 174,\ 454 \i^y). \£>\}-6\) V. c. 22, s. 4.) Fines and Penalties. {See also sees. 421-424.) , (a) Upon any person for the non-performance of his duties t^ , . . who has been elected or appointed to any office in The Corpoi-a! S'^? ofr? '' tion and who neglects or refu.ses to accept such office unless ^"'^^ *;^ "°- good cause IS shewn therefor, or to take the declaration o ' *"' office, and afterwards neglects the duties thereof • and s. 4o4 (13). (36 V. 0. 48, s. 372 (12).) v^. ^. -l/% ^^^^^^ (20) :4l 152 Chap. 18. MUNIOIPAT. INSTITr'TIOXS. 4G Vic. Imi)riHonment ('20) Fot inflictin<:t reasonable punishment, by imprisonment and time of. With or witliout hard labo have been committed, may ofler and rnv •. apprphpnsinn J |ju,^ u, pf criminals. ■^^^^. J. Ill:) \-JUUllV. crime is believed to pay reward t:: I * 154 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. reward for the discovery, a})preheiision, or conviction of the criminal, or of any person who is suspected to bo the criminal. 42 V. c. .SI, s. .'U. SUMMARY REMEDY IF IJY-LAWS NOT OBEYED. Mode of com- 485. Whenever any Municipal Council has any authority loni"ttncn)'f to direct, by by-law or otherwise, that any matter or thing iimtterH should be done by any pei-son or Corporation, such Council d.'me'by coun^ i"ay also, by the same or another by-law, direct that in default oil, etc. of its being done by the ]»erson, such matter or thing shall he done at the expense of the person in default, and may recover the expense 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. R. S. O. c. 174, s. 455. (3G V. 0. 48, s. 377.) COMPENSATION FOR LANDS TAKEN. 486. 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 compensation for any damages (including cost of fencing when required) necessarily resulting from the exercise of such powers, beyond any advantage w^hich the claimant may derive from the contemplated work; and any claim for such compen- sation, if not mutually agreed upon, shall be determined by arbitratior under this Act. R. S. 0. c. 174, s. 456. (30 V. c. 48, s. 373.) 487. In the case of real property which a Council has authority under this Act to enter upon, take or use, without the owner's consent, corporations, tenants in tail or for life, guardians, committees, and trustees, shall, on behalf of them- selves, their successors and heirs respectively, and on behalf of those they 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 vmder this Act, as in contracting for and conveying to the Council any such real property, or in agreeing as to the amount of damages aris- ing from the exercise by the Council of any power in respect thereof. If there be no (2) In caso there is no such person who can so act in respect ?«nto,7ofn°*" ^^ ^'^^^ ^^^^ property, or in case any person interested in res- pect to any such real property is absent from this Province, or is unknown, or in case his residence is unknown, 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. R. S. 0. c. 174, s. 457. (36 V. c. 48, s. 374.) 488. Owners of lands taken by corporation, etc., to be conii)en8ated. Diflferences to be determined by arbitration. How title ac- quired to lands when ovvned by corpora- tions, tenants in tail, vested in trustee3,etc. convey, etc. r V c E M I iif »l 1882-3. 488 auHolute MUNICIPAL INSTITUTIONS. Chap. 18. ir)5 In case any person acting a,s aforesaid has not the Application, estate in the property, the Council shall pay to him •'fc • "f imr- o h.; ITl "^^ ^^ "l"" r' T^""' ^'' ^"""'" "» fcJ^« amount wheToTr/ m-in^Jnll ; '^^Pyft "t such property, and shall retain the 'r '>"t '"• pnncipal to he oaul to th^ iuM«nn ,.i,f:fKwi ^,. u ...i . i nhHoiutf enta m-ituMnnl f/i -- r.r "• — ^" I'^^'l'^^'^y, ana snail retain the "."^ ','" '"• pnncipal to be paul to the person entitled to it whenever he T, 'it' ?" clamis the same, and executes a valid accpiittanc t^^Jref.^ Pe^r'''^- nless the Hi^di Court of J.istice, or otller Court havin.; juiisdiction in such cases, in the meantime directs the Council to pay the 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 ot any suin paid under the direction of such Court. R. b. O. c. 174, s. 458. (30 V. c. 48, s. 375.) eHtate r^^nt n?"."^!' sums agreed upon, or awarded in respect of such Purchase real property, shall be subject to the lin.itations and char.res to '""'l^y ""'^' r 48 s. 37Gr^''^^ ^^' '"''•^''^" ^' ^" ^- '• ^^*' '• *'^- ^^^ ^- ^'^^'^'' subject jes on property. (I Division II-Powers of Councils of Townships, Cities. lOWNS, AND IncOUPOUATED VILLAGES. Resiieding PolUny Subdunsions. Sec. 490 (1). Disqualification of Electors for non-payment of _ Taxes. Sec. 490 (2). '' Billiard or BayateUe Tables. Sec. 490 (3). " Victaalling Houses, etc. Sec. 490 (4, 5). Licensing Trannent Traders. Sec. 490 (6). Schools. Sec. 490 (7). Cemeteries. Sec. 490 (8, 9). Graves. Sec. 490 (10). Cruelty to Animals. Sec. 490 (11) Dogs. Sec. 490 (12, 13). Fences. Sec. 490 (14). Division Fences. Sec. 490 (15, 16). Snoiv Fences. Sec. 490 (17). ' Wafer-courses. Sec. 490 (18) Weeds. Sec. 490 (19). Filth in Streets. Sec. 490 (20). Burning Stumps, Brush, etc. Sec. 490 (21) Exhibitions, Shoros, etc. Sec. 490 (22) Trees. Sec. 490 (23, 24). , Injury to property and notices. Sec. 490 (24 25) Gas and Water Comp)anies. Sec. 490 (26 27) Pubhc Monds. Sec. 490 (28-37). The Establishment of Boundaries. Sees. 490 (38) Founds. Sec. 492. rkgi Public Health. Sec. 493. ' Lock-up Houses. Sec. 457, 458. Tavern and Shop Licenses. R. S. 0. c. 181. Roads and Bridges. See sec. 555, etseq Drainage. See sec. 570, et seq. u <( (I 490. 15G Chap. IS. MUNICIPAL INSTITUTIONS. 40 Vl(!. By.iawHmay 400. Thc Cotmcil of overy Towii.shin, City, Town or incor- be inuile for— i i ir n i i ' porutoa V illiiL'e may im.ss by-law.s — ^ ^ , . PollliKj SiMiviaiona. Dividinj,' city DF town into wards, etc. Anil town- Hhips and vil- laneH into polling Hiih- (livirtions, etc. Pollin^' sub- (liviiiioiiH to be the Hanie for elections to LeKislative Asueinlily and Municifial elections. Adjoining sub- divisions may be united for Municipal elections. (1) For (lividiii-,' tlie Wards of such City or Town, or for dividing; such Towiisliip or V'illa^'o into two or nioi'e conven- ient pullinj,' subdivisions, iin" exists I m„...-u. K. h. O.c. 174,8. 401 (.5). (.'Hi V. c. 4«, «. yru (o).) LiccnsitH) Traimeiit Tradn-e. Hull in respect of inconio or personal l.ro„ertv for H^ M dtsc p lon for sale by auction, or in any other manner cZ 43 V c 2tM 24!'"" ''" '"'»'S""«"'- *2 V. c. 31, .^ Schools. Public Selmol nnr,.r i Houses thereon, and for other l^n,! for public h.n?4r ...-.!.":,,! 'T.^^^^^^^^^^^^^ tor the disposal thereof when .. -'-ok etc. sii 4()1 " ''^ "'^^G not been iisedfnr hnr iIl, (7).) ^ee al^o R. S. U. c. no. J" v. c. *a, s. .i^L>, .0 he.d , E. S, 0. c. 174, s^ Wl (S). (30 y, c. 48. 8 3711 (g)!' ''"'°^- Graves. i 158 Chap. 18. MUNICIPAL INSTITUTIONS. Graves. 46 Vic, Protecting graves. (1 0) For preventing the violation of cemeteries.graves, tombS; tombstones^ or vaults where the dead are interred ; R. S. 0. c. 174, s. 4G1 (19). (36 V. c. 48, s. S79 (19).) Cruelty to Animals. Preventing (H) For preventing cruelty to animals, and for preventing mait'and de-'' ^he destruction of birds ; the by-laws for these pu'.-poses not be- ' tionof ing inconsistent with any statute in that behalf; R. S. 0. c. ■ " 174, s. 461 (9). (36 V. c. 48, s. 379 (9).) Dogs. Regulations as (12) For restraining and regulating the running at large of to dogs. dogs, and for imposing a tax on the owners, possessors or har- bourers of dogs ; R, S. 0. c. 174, s. 461 (10). (36 V. c. 48, s. 379 (10).) (13) For killing dogs rimning at large contrary to the by- laws ; R. S. 0. c. 174, s. 4()1 (11). (36 V. c. 48, s. 379 (11).) Killing dogs. Fences. Fences. (14) For settling the height and description of lawful fences, and for regulating and settling the height, description and manner of maintaining, keeping up and laying down fences along highways or any part or parts thereof, and for making compensation for the increased expenses, if any, to persons required so to maintain, keep up or lay down such last men- tioned fences or any part thereof • R. S. 0. c. 174, s. 461 (12). (36 V. c. 48, s. 379 (12) ; 39 V. c. 34, s. 2.) Division Fences, (15) For regulating the height, extent and description of law- ful division fences ; and for determining how^ the cost thereof shall be apportioned ; and for directing that any amount so apportioned shall be recovered in the same manner as penalties not otherwise provided for may be recover-.d under this Act ; Provision until but until such by-laws are made, the Acts respecting Line by-laws made. Fences and Ditching Water-courses shall continue applicable to fos^iS" °°" the Municipality ; R. S. 0. c. 174, s. 461 (13). (36 V. c. 48, s. ' ■ 379 (13).) (16) For providing proper and sufficient protection against injury to persons or animals by fences constructed wholly or in part of barbed wire or any other material ; (45 V. c. 23, s. 10.) Division fences, and cost thereof, Barbed-wire fences. Snow Fences. Snov»r fences. (i7j For requiring owners or occupiers of lands bordering upon any public highway, to take down, alter, or remove any fence f^lf^l tri i\l\ nt^qp ■tlBWimBP^PBPIIPWPWPBBSrWT [ fii- LLUULBHiy i H i .i ji 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 159 (18) For compelling the owners of lands throu-h which anv w , Weeds. to eatorce the provisions of such by-law: V re»u atinaTu"""'' dut,es, and determining the amount^of re„™,eS on ifef, or Filth in Streets. o.^LF:i anlrif^rShh'r *--°"'"« »y 'lirt, filth, P„v„„„, hi.*wav R Sn\. ,..'.. ™ "-"y -met. road, lane, or '•'""i-e'f h'ghway. R, S. O. c. 174, ». 461 (10). (30 V. c. 48, s. SToSCii" Burning Stumps, Brush, etc. logs, tree, br^,h, straVshaviis;;r;i;,s:,'ry™i:'^Pr„rfi°r^«!;So, ltrve'fdu"it'rh"tT:-''"'' 'J^-^'WnS l>-ca„ti„ns to be kindiedl.fxrrits T'^a':: i74^:"'4^f A"* «s^r= 48,8.379(17).) See 41 V. c. 23 * '*• '■''^ ^- <=■ ExhihitUms, Shows, etc. of ^wax^SrrntfrLVIrc^frfd'"' ''T™r ^^ shows usually "xSttr VZ™' et^'an^lf e",,, irit 'ii^: ^^ Ss^/-s^-n^-sjSiSt"'"- such persons infrincrinff such bv-laws • s^r^A Vr.^ \ .^^^^ same by distress and sale of the^ foods' and oZ7^'f ^\' ^T '"' (a) It shall not be lawful for thp Pniition ^ (30 V? /4S,T.V» 1??).)°"^ "™S ^ ""■ «• O- "• '^^. - *" (SD- ^ . c. 48, s. .379 (.'30) ) '^'^' '^^ ^^^ (•^•^)- (-^^ Establishing Boundaries. the preservation of Z ' f ,^' ''''""- ^"^^ provi,ling for' "' (•^<5 V. .. 48, s. 379' (25).) ' ^^ ^' '• '^'^' ^- ^^^ ('^■^)- _ 491. In case tlie Council of any Townshin Oifxr T incorporated Village adopts a resolution cm Xn^i.'' °', I^'-'ng land- one half of the resident hn,]V I 1.1 }. api'hcatlon ofmarknand iinnn if ■ \ ^'''' '^*''^'.'^'*'"'^ a,"''h()lders to he atiecte(l therebv nv """"""""*« '••• upon Its own motion, that it is ext)edient to nl«n« i'mT"'^"'''' '"'"»- monuments at the front or ro-n- nf ',''^""''^'^ '^? P'ace durable Varies ..f c„u. part thereof in the M^^i pSL" ^/^f ^Tw o "' ""^^ .'' ~" '""' J J ^ i "•'Ji'^y, ur at lue It oat or rear ancdes ° of Gaming. Racing. Vagrants. Indecent ex- iwsure. Bathing. I It,. if M I 11 I 162 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. E. S. O. c. 146, 88. 38-4,5. of the lots therein, the Council may apply to the Lieutenant- Governor, in the manner provided for in the thirty-eighth to the forty-fifth sections of" The Ad respecting Land Surveyors and the Survey of Lands," praying him to cause a survey of such concession or range, or such part thc^reof, to he made, and such monuments to be jjlaced under the authority of the Com- missioner of Crown Lands. Co8t of survey. (2) The person or persons making the survey shall accord- ingly plant stones or other durable monuments at the front or at the rear of such concession or range, or such part thereof as aforesaid, or at the front and rear angles of every lot therein (as the case may be), and the limits of each lot so ascertained and marked shall be the true limits thereof ; and the costs of the survey shall be defrayed in the manner prescribed by the said statute. R. S. 0. c. 174, s. 4G2. (3G V. c. 4u, s. 380.) By-laws may be made for — Providing ■pounds. Animals run- nini,' at large. Apiiraisingthe damages. Compensation with respect to impounding animals. Members of council to be health officers K. S. O. c. 190. May delegate powers. Pounds, etc, 493. The Council of every Town.ship, City, Town and in- cor])orated Village, may also pass by-laws (not inconsistent with the Statutes of Canada respecting Cruelty to Animals) — (1) For providing sufficient yards and enclosures for the safe keeping of such animals as it may be the duty of the pound- keeper to impound ; (2) For restraining and regulating the running at large or trespassing of any animals, and providing for impounding them ; and for causing them to be sold in case they are not claimed within a reasonable time, or in case the damages, fines and expenses are not paid according to law ; (.S) For appraising the damages to be paid by the owners of animals impounded for ti'espassing cont''"ry to the laws of On- tario or of the Municipality ; (4) For determining the com{;ensation to be allowed for ser- vices rendered, in carrying out the provisions of any Act, with respect to animals impounded or distrained and detained in the po.sse.ssion of the distrainer. R. S. 0. c. 174, s. 4(53. (3G V. c. 48, s. 381.) See also R. S. 0. c. 195. Puhlic Health. 493. The members of every Town.ship, City, Town and in- corporated Village Council shall be Health Officers within their respecti\e Municipalitie.., under TJie Act respecting the Puhlic Health, and under any Act passed after this Act takes effect for the like puipose ; but any such Council may, by by-law, delegate the powers of its members as such Health Officers to a committee of their own number, or to such persons, either in- cluding or not including one or more of themselves, as the Council thinks best. R. S. 0. c. 174, s. 4G4. (3G V. c. 48, s. 382.) See 45 V. c. 29. Wov "■liMiill 1882-3. or MUNICIPAL INSTITUTIONS. Chap. 18 163 licciMs. ^e R. S. 0. c. ISl, .s!,. 17', 21 24 atd 32!""' *'''"^ JIurse Thieves. by*?*- It "^r:^ toTTJss^Than' Z^''] T\ ''^^''^ 'y --- - as a reward to any person .^n ? '\''" ^'^ P^^'able apprehension apprehend, or caus'I o o apprel^ Xl : " •'''"" P"r«ue and i: ii'tyThorse guilty of .stealincr any horse or V "'-.^-^ ^r'"'^'^" «^ P'^^^ons HteahC City, and such rewr.Tl S , ""^'^^^^bin the said County or Co/poration on tJie convpH f ^f'^ f "^ "*" ^'^^ ^""''^ of the JudU before whom tZ . n r '^" 'l^^*^^' °" ^^^^ ^^-^er of the c. 51, s. 35.5 (20) ^'^^ ^- '■ *^' '■ '"^^^O ^<^<^ 29-30 V. /bS^"'^^" '^ ^ ^^^-- ^^^ ^ 20-30 K c. 51. enac., ,; or SS£i:i?l"S -VlEf ^ *^- P-- ^'ai.i„, the sa.e w. .. . disqualify wit- ness. R'^pyino E^n^, ,„„,„,„,,_ ^^„, ^,^^^^^^^_ ^^^^ ^^^^ ' ,'' ^^^«^wwee>'s. ^ec. 495 (2) IMevs and Pedlars. Sec. ^ m J* ernes. Sec. 495 (4) ^ ^' Hujh Schools. Sec. 495 (5 G) Junk Stores. /Sec. 495 (11). W tt ct n'i^^of MuSpS°;:;tL''''^ ^"' ^°"" '^^^-^^^d ^^ ^- -. the following purposes :--^ Purposes, may pass by-laws for ^^ ^^^^ ^o/- ^^^mneers^Inspectors-Gaol Surgeons, etc. moval of such officers °R so !. ?7^"P^'i^->^ ' '^"^ ^^^ the re- eTc^ ^"'*''^'^"«' s. 383 (1).) '• ^- ^- ^- «• l^"*. s. 4G5 (1). (30 V. c. 48, Auctioneers. u n I I I 1 tti I' 1882-3. MUNICIPAL INSTITUTIOXS. Lands for Uhjk Schools. Chap. 18. 165 (•t) For obtaining in such nnrf nf f iw> n or Town .separato.f wit „ fe CW v ^^ °' °* ^"^^ ^''^^ ^-"""•"^' peopI.Mnay most require lu I V ■^' """ ^^'^ '''^"t"^ "*" the 'ji'."!- f'- , ptn-pose\ and )r pr rv n" "' ^'"^'.^''^ "^''«'- ^i^h School •schiol houses, an/f or dl n^.r^'r^^ ^"'^ '^I^^^'-"'^ ^"^'^ longer required. R S ? 74 4<."-''! -^''^f'^^^y ^^^^«" "« 38:3 (5).) ^ • ^- ^- ^'^'*' «• 4^'^ (5;. (3(J V. c. 48, s. -Aiding High Schools. c. 48, s. 3X3 (0).) ^'"-"'™'- ''■ S- O. c. 174, s. 40.-, (0). (30 V. Sol,„,l.. SM-portinu P,,,ih,a ni,k mools. Toro,Uo University, and Upper Canada College. Universitjor oil te K SO ?7~f' ^'.^ °f"<"' V .uch ■ Endowing Felloiuships. • t i "' -7 -t'F^'^ v^auaaa uolloge and Roval Graminnr ^nhr.^i ''niversity „f at Toronto, tor competition amon.r ih^ It ., "^^^"^"f^ School Toronto ami High Schools in the County a th^ Cn/T", ""^ ^^' Public U- C College. for the encourao-emenV o So' ■ ''""'''' '^'^'^"^ expedient R. S. 0. c. mfmm) A7y^ ^Tr-'^t ^^'' y^^^t^ 'hereof. Public Fairs. one or ,„oi-e of tho most n ,l>l'i. ,L = "^ l"*"" f»"'* ^t 'f; ''"'•""ft , , > regu- latiug same. (a) 166 Chap. 18. MUNICIPAL INSTITUTIONS. 40 Vic. Punmseof (a) The purpose for which such fairs may he held shall be Jtdcted." '^^' i^estricted to the sale, barter and exchango of cattle, horses, sheep, pigs, and articles of agricultural production or re<[uire- ment ; Rnlos to be made for gov- erning same. (h) 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 pers(m whose duty it shall be to have them carried out, and shall also fix the fees to be paid him V»v persons attending the said fair ; S"iSw*'*'^ ('0 The Council authorizing the establishment of a public fair establinhing shall immediately after the passing of a by-law for that pur- same, pose, give public notice of the same. R. S. 0. c. 174, s. 405 (10). (30 V. c. 4 1, s. 383 (10).) Junk Sfore8. Licensing and regulating (11) For licensing and regulating "junk " stores or shops, and •^'^luk^'Xrea. ^'^^ fixing the sum to be paid for the license so to have or keep such "junk " store or shop. (45 V. c. 23, s. 11.) For powers of Counties, Cities and Toivns as to Houses of Refuge, see sec. 459. Division V.— Powers of Councils of Cities, Towns and Incorporated Villages. Respec •ting Water and Water-Works. Sec. 490 (1, 2). Tainted Provisions. Sec. 490 (3). Nuisances. *hVc'. 490 (4-9). Enclosure of Vacant Lots. Sec. 490 (10). Driving iipon Sideivalks. Sec. 490 (11). Importuning 'Travellers. Sec. 490 (12). Ihiblic Health. Sec. 490 (13). Interments. Sec. 490 (14, 15). Guvpoivder. Sec. 490 (10). Prevention of Fires. Sec. 490 (17-30). Removal of Snoiv, Ire, Dirt. ^Ser;. 496 (31). Obstruction of Roads and Streets. Sec. 490 (32, 33). Numbering Houses and Lots and Record of Streets. Sec. 490 (34, 35). Naming Streets. Sec. 490 (30). Cellars. Sec. 490 (37, 38). Sewerage and Drxiinage. Sec. 496 (39-44). User of Streets. Sec^. 490 (45-48), 497 (9). Cab Stands. Sec. 490 (46). Telegraph Poles. Sec. 490 (47). ' ' Accidents to Children from riding behind ivag- gons. Sec. 490 (48). Respecting Hi 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 167 Respectinu rmpeotion of Meat, Milk, etc. Sec. 49(i (49) ^ree Libraries. Sec. 49(J m) ^ '' ^^, Marled,, etc. Sees. 407 -rm Assize of Bread. Sec. :)0:i\v\), a J l'c<,j.-> uy mw. S ■ — ^ y~ — J — Ijo niiule for— ^-» ^yater and Water-works. ^^'^Z? 3 >L -^ y^ Tainted Meat. ■ Nuisances. or malformed, ordiseased per,™ tUm T^ZHZ ''"'°™'"^' ""■''"*■ * raam.factorie,, or trade, which mav ;.!! * t""' "■ °""" ' "^ including the keeping of cattle and^i^or swi 'e' TnTZl ' or cow byre, and piggeries; B. S. O.^'o'lV" s To (1?) i « V c. -+, s. li. (.30 V. c. 48, s. 384 (17).) ' ' shiulfrarorh:":;iiitst^n^t'e'^;"T'T^ ■;""'--'- R S. 0. c. 171, ». 400 (18) "so V."4tr384 (iS)") '" "'"'"' "°'"- (D) II 108 Chap. 18. MUNICIPAL INSTITUTIONS. 4n Vic. Firing of giins, etp. (9) For preventing or regulatinp; the Hrinrf of p;nns or other firo-urnis ; iiiid the firini:^ or settiiijj; oft of tin; balls, ,s(iuibs, crackers or iiio-works, and for previ!ntiii<,'cliarivari('s and other like disturbances of the peace ; II. S. 0. c. 174, s. 4U(J (1!)). (30 V. c. 48, .s. 384 (10).") Enclosure of Vacant Lota. (10) For catisini,' vacant lots to be properly enclosed; R, S. 0. c. 174, s. 4(J(i (20). (;}G V. c. 48, s. 384 (20J.) Driving upon Sidewalks. Driving, etc., (11) For preventing the leading, i-iding or driving of horses or cattle upon sidewalks or other places not proper therefor ; R. S. 0. c. 174, s. 400 (21). (30 V. c. 48, s. 384 (21).) Vacant Iota Upon side- walks Importuning travellers. Imjwrticning Travellers. (12) For preventing persons in streets or public places from importuning others to travel in or employ any vessel or vehicle, or go to any tavern or boarding house, or for regulating per- sons so employed ; 11. S. O. c. 174, s. 400 (22). 30 V. c. 48, s. 384(22).) Public Health. Public health. (13) For providing for the health of the Municipality, and against the spreading of c.ntagious or infectious diseases ; R. S. O. c. 174, s. 400 ^23). (30 V. c. 48, s. 384 (23).) See also R. S. 0. c. 190, and 4.5 V. c. 29. Interments. Bills of mor- tality. Gunpowder, care of. Interments. (14) For regulating the interment of the dead, and for pre- venting the .same taking place within the Municipality ; R. S. 0. c. 174, s. 400 (24). (30 V. c. 48, s. 384 (24).) (1.5) For directing the keeping and returning of bills of mortality ; and for imposing penalities on persons guilty of de- fault ; R. S. 0. c. 174, s. 400 (25). (30 V. c. 48, s. 384 (25).) Gunpoiuder. (10) For regulating the keeping and transporting of gun- powder and other combustible or dangerous materials ; tV)r regulating and providing for the support, by fees, of magazines for storing gunpowder belonging to private parties ; for com- pelling persons to store therein ; for acquiring land, as well within as without the Municipality, for the purpose of erecting powder magazines, and for selling and conveying such land when no longer required therefor; R. S. 0. c. 174, s. 400 (20). (30 V. c. 48, s. 384 (20).) • - Preventing 1.S82-3. MUNTCII'Ar, INSTITUTIONS. Prnvcnting Fires. Chap. 18, 169 tiimi 1^;T 1''"'^^^^""' '««'1*1^ 0'- '-ewaras for persons who .lis t n^ Hsh thons. vos at fires; an.l for S-'antin,. pecur. Irv a T a vt lilT.'" "^"'-'r- '^''' ^'''"^-^ ^"'1 orphans^,? pe • s^w >' .fihK ^"^ P'Y''"f'"- ^' '•^S^'atin- the use of fire or licrhts in UDle places , R. S. 0. c. 1 ^4, ,s. m (2!)). (.-JG V. c. 4S, s. 384 {-Id).) {201 ^«^ l'<'<'ycntin- or i-c-ulatin- the carryin- on of m-mn 8.384(31).) ^- ^•'- w*, s. *oo (,jl). (JOV. c. 48, (22) For regulating the construction of chimneys as to Hi mensions and otherwise, an.l for enforcing theZpor o einit 1 a ^crdiiTs T'f""' -'-"^aeturers^n'd 'ot:""? nvr.Zf-[ \ ■ ^''''^ ""^ otherwise to other shops houses Vive conijia* nies, etc. Mp'lal'* and rt'\vanl-4tii|)er. HDiis distill- KMiisliiMK'tlM-m- Hi'lves at tircH. Aid to widows. '""ire in stables, etc. Pancrerous iiiiinufactories. Chimneys, stuveH, etc. Kegulatinj,' construction, etc., of chimneys. SDofts i,S'„°t'!?'"' '";•!'■""«' ™' J'""'* *» ""= put in other re- 48, s. 384 (36).) ' ' *^^ (•^^^- (^G V. c. (27) For requiring the inhabitants to provide so minv firp buckets, m such manner and time as may be pre crib^ .nH Ashes. Party walla. Scuttles, ladders, etc., to houses. Guarding l)uildinf,'s against fire. Fire buckets. fires; R. S. 0. c. 174, s. 4G6 (37). (36 V. c. 48, s. 384 (37).) (28) ll ! i I I 1 ■' • III 170 Chap. 18. MUNICIPAL INSTITUTIONS. 4<: Vro luHiinrtiim of pieiuiHea. Pr«vi>nting Hpri'iuliiit; of tire. Kiifi)rcing aMHJstanue at fires. (2.S) For authorizing appointed otRcfM's to enter at all rea s^ n- ablti tiuicH upon any property .sulject to the regulations of the Council, in order to u^^ccrtain whether such regulations are ohoyed, or to enforce or carry into etfect the same ; R. S. 0. c. 174, 8. 4m (38), (:W V. c. 48, 8. 384 (38).) (2!)) For making r^'gulations for suppressing tiros, and for pulling down or demolishing adjacent houses or other enictions, when necessary to prevent the spreading of tire ; R, S. O. c. 174, 8. 4GG (39). (3(5 V. c. 48, s. 384 (39).) (30) For regulating the conduct, and enforcing the a'-'stance of till' inhahitants present at lin.'s, and for the proscirvation of property at tires; R. S. O. c. 174, s. 400 (40). (30 V. c. 48, s. 384(40).) Removal of Snow, Ice, Dirt (31) For compelling persons to remove all snow and ice from the roofs of the premises owned or occupied by them ; and to remove and clear away all snow, ice and dirt, and other obstructions, from the sidewalks, streets and alleys adjoining such premises ; and also to provide for the cleaning of side- walks and streets adjoining vacant property, the pi-operty of non-residents, and all other persons who, for twenty-four hours, neglect to clean the same ; and to remove and clear away all snow and ice, and other ob^ructions, from such sidewalks and streets, at the expense of the owner or occupant in case of hia default; and in case of non-payment, to charge such expenses as a special assessment against such premises, to be recovered in like manner as other municipal rates ; T.I. S. 0. c. 174, s. 40G (41). (36 V. c. 48, s. 384 (41).) Obstruction of Roads and Streets. rreventing (32) For regulating or preventing the encumbering, injuring anil flmliiih' of ^^ fouling, by animals, vehicles, vessels or other means, of any streets, etc, road, street, S(|uare, alley, lane, bridge or other communication ; R. S. 0. c. 174, s. 4GG (42). (36 V. c. 48, s. 384 (42).) Kemoyal of (33^ For directing the removal of door-steps, porches, railings cioor-3t6ps, etc. If .• ij ,• •,. .. or other erections, or obstructions projecting into or over any road or other public communication, at the expense of the pro- prietor or occupant of the pi'operty connected with which such projections are found ; R. S. O. c. 174, s. 4GG (43). (36 V. c. 48, s. 384 (43).) Removal of snow, etc. 0!»".;iing of aidewalks, streets, etc. Numljering houaes, etc. Numbering Houses and Lots. (34) For numbering the houses and lots along the streets of the Municipality, and for atfixing the numbers to the houses, buildings, or other erections along the streets, and for charging the owner or occupant of each house or lot with the expense incident to the numbering of the same ; R. S. 0. c. 174, s. 406 (44). (30 V. c. 48, B. 384 (44).) (35) ■ 1882-3. MUNICIPAL KVSTITUTlOiVS. Chap. Is. 171 Namimj Streets. until the l)v-law lin • „..>..•. T • , "' '''^'^^'^' ""'^'"^■^ 'i-'" connect on thercwifh • T? ^ n •.t^ A "' coitihcatus in ., 384 (4„, ; 4"v:f 7, itj'/^i^ii;: **"'• <■■'" ^' '■ *'■ Levels of Cellars—Plans. ho,.e{,.f„,.„ ,i„, .," co„t,S r';;i; ',,' ;;ii°r^,' of the cuar, a;-',... uuxi ling a ground or block pan of such hnilJln,, „ -n '^ <>' Kr.mn.l or levels of the cellars anrl l.n.,.,,, V x> ,' '\""^''n^'. with the block ,,ian of line Hxe.- • f ""^ any grounds, yards, ^ pkces, and for ass sslg he ovTneroc ';"'''■ ''T °'l ^'^^^ P"^'«« = ' ^''^^ (41) f I li'i 1^, 1 li 172 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. Sewerage and drainaife. ChivrginpT rent for sewers. Acquirinf,' land in another municipality for diainage imrposjs. Proviso lis-] land in another municipality for general purposes. (41) For making any otlier regulations for sr vverage or drain- age tliat may be (leeined necessary for sanitary purposes ; R. S. 0. c. 174, s. 40(5 (51). (:3(J V. c. 48, s. 384 (.51),) (42) For charging all persons who own or occupy property which is drained into a common sewer, or which by any by- law of the Council is re.juifed to be () V. c. 4S, s. 884 (52).) ('^•^)_ For accepting or purchasing any land in any other Municipoiity which may be required for 'preventing siich city, town or incorporated village, or any part thereof, being Hoode'd by the sui-face or other waters flowing from such other Muni- cipality into such city, town, or incorporated village, and for providing an outlet for such waters through any other Munici- pality, and for opening, making, preserving, and improving drains, sewers and water-c(jurses in the lands so acquired ; Provided always that tlie consent of the Municipality in which the lands to be taken are situate shall be obtained before the powers conferred by this sub-section shall be exercised; 4.S V. c. 24, s. 21. (44) ;gor acquiring and hohling bj jourchase or^lherwise> forJtbe_JuHTc^jise qLjIiF Municipality. Igjiclsjsituate^outside ^li^'liliiKi^iSk^'ty, town, or incorjiOTatedjv^nige butsuch lamTs .so acquired shall not for:a part of the Municipality of such dty, town or ineoi-porated village, but shall continue and remain as of the Municipality where situate ; R. S. 0. c. 174, s. 55(5. (40 V. c. 25, s. 1.) See also Sees. 4i)0 (8) and 504 (!)).' User of Streets. Saffic hi"^ (4-i) For regulating the conveyance of traffic in the public streotB,wheels, streets, and the width of the tires and wheels of all vehicles «tc. used for the conveyance of articles of burden, goods, wares or merchandise ; R. S. 0. c. 174, s. 46G (54) ; 30 V. c. 48, s. 384 Cab Stands. (4G) For authorizing and for assigning stf.nds for vehicles kept for hire on the public streets and places, and for author- zing the erection and maintenance of covered stands or booths on the streets, iiighways and public places for the protection and shelter of the drivers of such vehicles : Provided that no such booth or covered stanrl shall be placed upon any sidewalk without the previous consent of the owner or lessee of the property fionting, abutting or adjoining such stand or booth : 43 V. c. 24, s. 15. Telegra'ph Poles. (47) For regulating the erection and maintenance of tele- gra[)h and telephone poles and wires within their limits ; 44 V. c. 24, s. 14. Cfdldren Cab stands. Proviso. Telegraph poles. ■Mi 1882-3. MLwicrPAL rxsTiTUTioxs. Chap. 18. Children RkVmy behind Vehicles. 173 =£ssss;iH?iSitp--!=«' Inspection of Meat, Milk, etc. Wii;,'^'(jns, etc. offered for .sale fm hu ..'L f . \ "''*^"''''' products '"«at, etc i^>re Libraries. (oO) For e.stablishino- free Iil>vnv;,>< ir, „ i subject to tlie pi'ovisious of " 77 z;^ m accordance with and E.tabiisl.in, J pi o\ Lsious ot 1 lie Free Libraries Act JSS > ' f''^" Hi^'-uiel 4.)V.c. 22. Markets, etc. •shuKdes, or cordwood or ..(-h,.,. fl Y ' "-'"^'J'^'^. 'a-tn, or ishud. thereof, uroceeds (livo,.fN- +. *i ' C()nti^'a,lvar.. any stre..t immediate^^ :S within 100 yards of the iZX ? T ^"»70un(iing or being sellu.gupon,^.chstltts^: "U*^^^^^^^^^^ ^^^ P-P-- of the advantages of the sai^ r.artpf . t '"'"' "'' ^'^ ^" "btain or across such po.lion rsttt^'haH^ ileenied sufficient «fnf"e .lih ne.,, ou ,h„se porHou, oV ^Ll; •„"';;; "„ "'r "' '^';- •"--■■'*."« ""p.-n« or levying of any S'^rlt^t !J """""^-^l '1>° -S"' .OH o^ „t any v,„ .,e in .uieh the' .'^r i * ^^^Tt ^ or velncle tl,a., , -,, i„ t„," °,' *'."'*'"' *f,«P''n ar.- article <«"■ Pality on the fi.t <,ay i? Mar:h'';.S82"P°SV^ ""'"' ^^''■ an;'L^;;c?::!^i!r:e:i;:!i :;^:^;!::i-sr -^ ■■■^-^ '^y ^"«'» ■.« any portion of any such marUpf T P^^*" ^' '"^ -e^- o'' ^''"'r'' ''" establ.h.l declared or mal'^f cJI^" "."f '^^ ' r^^^- '-^^''^^ part 01 any street within said MunJ^ip^i^ or out of Pi Pr -itreet o.iJed al or ays that vv 111 7#- ;-*•»*■ -A '■M -^ «ii 176 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. that this sub-section shall not apply to so much of any street as iuiniediately adjoins and abuts upon any market s(|uare, either now or hei eat'ter established as a market })lace. 4.") V. c. 24, s. 8 (0). 499. The preceding section shall not apply to any Munici- soction not to p.,,lity where no market fees were cliargi^d or imposed on tlie tenth day of March, 1.S.S2, but sections 497, •')()() and 501 shall apply to such Municipality in the event of market fees being thereafter chai'ged or imposed therein. 45 V. c. 24, s. !). Preceding soL'tion iiol apply when no fees are chained. lute sales when no fees are charged. Power to regn- 500. Notliing in the preceding sections contained shall prevent any Municipality wherein no market fees are imposed or charged from regulating the sale and the place of sale of any articles within the Municipality to the same extent as it might do before the tenth day of ^laich, l8cS2 : Provided always that market fees within the meaning of tliis section shall not include fees for weighing or measuring ; Provided further, that after nine o'clock in the forenoon, between the first day of April and the 1st day of Noveml)er, and after ten o'clock in the forenoon, bet\ve(!n the first day of Nov(!ml)or and the first day of April, no ]jerson shall be compelled to remain on, or resort to, any market-place with any articles which he may have for sale, but niay, after the exi)iration of such hour, sell or dispose of such articles elsewhere than in or on said market-places. 45 V. c, 24, s. 10 ; 40 V. c. 17, s. 2. Inconsistent 501. When and so long as section 41)7 shall be in force and enactments to apply to any Municipality, so much of any Act or law as may ' be contrary to, and as shall conflict witli the same, shall not be in foice in or apply to such Municipality ; S;;tr"S:sst;^'th;n'r"^ ''^^^^^ ^^ ^^^ -^« ^^ i'or re^ndating such sail and H vTn ^^ ^^f '^"'r^'^^" ^^^'^^^«'^. ^"^'1 where°such sale si aU he a h.we] °,nT' ''^'''"'^"° '^^' P^^^- fee not exceeding SoO in cIh L^^ incorporated Villa'-^e to be r ^ l\ ^^r\"^ '^^ns and enforcing the payment o Z '"'^ ^''''''^- ^"'^ '"'^^ the sale of tresh meat Tn n L ^^ ''''^' """'^ *"' Preventin-. carcase, unless 'y a pe 4 Sn" ^"" V^'i'V^'^ ^^« ^l"'-^- place a-.thorized L tl^ Counc Ihnf ^ .^'^^ t'^'^"-^'^ ^"'^ ^^ ^ shall affect the po^r conterre i but nothing herein contained 4^ V. c. 31, s. 20. ^'^"*^^'*^'' in the preceding sub-section. of ^IZ ^r wif ;.^^^:^^^ -f-ting or monopoly poultry and^dairy produces e .Ian i ^T%T^'' vegetable.^ family use, and such as « .1 n °" 1 1 .^'^^rticles required for 0. c. In, i 40G (zf ^(T^. r ^t ^;^^ (^^ )^'- --^- ; R. S. 174, s. 4GG («). (3G 'v: c "t's 3^t (8).)" '""" ' ""• ^^ ""- " thi'^alr'n^t^t'^ il!:: "hUr f ";^r ^^"" «^ ^^^is^ (- other fuel ; i S.^0 c 74 s icfrS)'' nr ^r'^7^^^^-'l or l^Srt'nLS^m^K tvtl "^^ ''"^'^. ^^^^'^^ ^ ^^ort count «. 4GG (10). (36^0 48 s ^84 (1^)7"^^^^^ ; «■ «; «• c 174, 12 ^ "''•'' '^'^^ f^'i^e, s. 482 (24) Chap. 18. 177 (^Ifl markets CDntiiuied. Regulating vemliiig in streets, etc. Ifegulating Hales, etc. Sale of grain, meat, farm proiluce.Hmall- ware, etc. Regulating sale I if meat. im Preventing (iirestalling, etc. llegulating hucksters, ut.'. Measuring, / ,K ti ^ «tc., certain' /y articles. t^ X Penalties for v^^^,^^ lii,'ht weight, etc. 178, Clmp. 18. MUNICIPAL INSTITUTIONS. 46 Vic. :iS .!' = fWiiIiitlntf V«hk'll!N IIMjfl in iiiiirkut Hiilf of rrmttt di<*trit (or. {'•]) For limiting the duration of or revoking any such license. R. S. O. c. 174, s. '4(J7 (3). (3G V. c. 48, s. 385 (3).) (4j For |)rohibitirig the opening or keeping of any such In- telligence Office within the Municipality without licen.se. R. S.O. c. 174, s. 4G7 (4). (3G V. c. 48, s. 385 (4).) (5) For fixing the fee to be paid for such license, not ex- ceeding $10 for one year. R. S. O. c. 174, s. 4G7 (5). (3G V. c. 48, s. 385 (5).) Wooden Tf 1882-3. MUNICIPAL INSTITUTIONS. Chap. IS. Wooden Buildings. 179 wooden fenc-es ir^l^^:'^'^ n" '''^'°'" ^'^^'^'t'^. ^"3 e^-Til? '.T • ^,P-l^i'>itin. the^^^;!.f :;;^ ,^j^-S'^- Town ; and also SJi^ a„. with main wa Is of hrn.lr ,v^^ x ° ""^"I'lini^.s, other than n . and for authorizing the nlHna f ^''' ^^^^ "^^ Town, £11'""^^ ponse of the owner^lhe eo of .L r'l v '''"'^^'' ^<^ ^^^e ex- "'""^• may be coastru.te.l o, Xed in^^n^ ''";? "' ''■'^^^''^" ^^^ich R- H. 0. c. 174, . 467 (d^ (30 V^I^'slircoL"^^ ^^'^^^ Police. and of their families respec ivX^^w^^^ 'T^ ^'"^ bri-^ades, ^-e. ' P°^''=* brigades are established.^ 44 v'^ uT^^ ^"^''^"^ ^^^ ^^^ industrial Farm—Exhibitions. pose; an.l for aceep.Tni an ,,1,"° '"P' "I""'-"' t'™' '!"• P>.>- P«rk,s,r,rJe„ or «'alk for th7„,e of h' f f-^'"'' f""- " P"Mi'S "5 Town. K. a o. c. 17r» r? fs ™ v''""'^ "' "'"'''ty fe afeo sees. 439. 401 „W 490 (A^' <-^'' ^ • "• ''S. ■'• 3S5 (8) j (10). (30 V. c. 48, ,s. 385 (10).) '=^' ^- ^- ^- c 174, s. 4G7 ^'*"'«- ^Imshouses—Charities. tutionsi 180 Chap. 18. MUNICIPAL IN.STITUTIONS. 46 Vic. Corporation surveyor. tutions within the City or Town. R. S. 0. c. 174, s. 407 (11). (S(> V. c. 48, s. ;J85 (11).) See sec. 482 (12), and us to Work- houses, sec. 401. Corporation Surveyor. (13) For appointing any Provincial Land Surveyor to be the Corporation Surveyor. R. S. O. c. 174, s. 407 (12). (30 V. c. 48, s. 385 (12).) Gas and Water. Constructioi:. of f,'as and water works. (14) For constructing gas and water works, and for levying an annual special rate to defray the yearly interest of the expenditure therefor, and to form an equal yearly sinking fund for the payment of the principal within a time not ex- ceeding thirty years, nor less than five years. R. S. O. e. 174, s. 407 (10). (30 V. c. 48, s. 385 (17).) See 45 V. c. 25; 40 V. c. 21. Estimate to be puljlished, anl notice of tak- ing poll on by- law. Poll to be held and majority must be in favour. By-law to be passed within three mouths. If by-law rejected. 505. No by-law under the last sub-section of the preceding section sliall be passed — First: — Until estimates of the intended expenditure have been published for one month, and notice of ttie time appointed for taking a poll of the electors on the proposed by-law has been published for two months, and a copy of the proposed by-law at length as the same may be ultimately pa,ssed, and a notice of the day appointed for finally considering the same in Council, have been published for three months, in sonie newspaper in the Municipality; or if no newspa[)er is pub- lished therein, then in 8 . Division IX.-Exclusive Powers of Councils of Counties. Respecting Protection of Booms. Sec. 511 (l) (guaranteeing Debentures. Sec. 511 f9\ Livery Stables, etc. Sec. 512 5ltfl4.'''^'^~^''''^'''''^ '^^'^'''' ^^'^''^'^^- ^'<^' ^Xrsi^So.^^ ,i,/,e. Cou^^y 0/ a Uni Suppm t of Destitute Insane Persons. Sec 520 Roads and Bridges. See sec. 565, 567 511 on. illll 182 By Inwrt may be inaiie for— Protecting booiiis. Chap. 18. MiixiciPAi. INSTITUTIONS. 46 Vic. 511. The Cuuncil of every County may make by-laws — Protectivg Booms. > (1) For protcctin.-,' and regulatinL,' booms on any stream or river for the sate k(M'{)ing of timl)er, saw-lo^s ami staves within the Municipality. R. S. O. c. 174, s. 473. (30 V. c. 48, s. 302.) Oimranteeing deljentures. ' Guaranteeing Debenturea. (2) For guaranteeing debentures of any Municipality within the County, as the Council may deem expedient. 43 V. c. 24, s. 25. Livery Stables, etc. RegTiliiting 512. The Council of every County, having County gravel ani licensing or macadamized roads within its jurisdietion, and under its im- etc^ **' rn'^.) Board of Audit — Criminal Justice, etc. County boards 513. Every County Council shall appoint at its first meet- of audit. jjjg j^ gg^gi^ year two persons, not more than one of waom .shall belong to such Cuuncil, to be members of the Board of Audit, for auditing and approving accounts and demands })referred against the County, the approving and auditing whereof pre- vious to the nineteenth day of December, 1808, belonged to the General Quarter Ses.sious. R. S. O. c. 174, s. 474. (30 V. c. 48, s. 393.) Payment of members of board. 514. The Council may pay the members of the said Board of Audit any sum not exceeding four dollars each per day for their attendance at such audit, and five cents for each mile necessarily travelled in respect thereof in going to and from such audit. 43 V. c. 24, s. 10. *■ Improvements by either County of a Union. Enabling 515. The Councils of United Counties may make appro- of't*union"to P^^i^tions and raise funds to enable either County separately to carry 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 183 notll'^f'tilrsLZf;"!; ur'T,." 'r"=''" '""'^^ the..™...,.... measure »l,all vote- cxcont ^7 „;,?!!!■ k '''''.''•>' '''^ " •'"""•■•■ »I,e„ the Warden, ^dSSV e ^ „ ' Deput';! tj:.: .^'f "' """" ' 7s":m.)'^'"""- K'«-O'C-J7*,.H.470. (30 Vc. 8ivi„'/»ueh ;!lvii,'.;°:'aT;';!-:;k"l' ";? p'-^'^rf ""^ a^ ■.„.„,„„.„, of tho «„„>nnfo " " "-tiding provision for the i> -yment "•'« Act for all!,!,!!; Iti^Ta!;:rp°all' tt'' h'i °;' °","1'-:,«'-" P»y ove,. T„.,.„, .. lectors wi,l>,7„( ., I"" .'"'" Ill'' linii'l.f by tl,o »ever»l Uol- W"«,' k«„r,, -^l'™.'j-y aeclueuon „r percentage. R. S. O, c. 174, Z^'S^S:. plald'^„?h: CTa/t tt^r'\'°' *?■ l',"^""''" =»"'-'- ^^. "'. thfi ««,„„ o. .1 Prece.ling sections „t this Act, .shall U- •" i» a. .■.«l the sa,„e as the i>roperty assessed for aov other Oouotv n„, """'I'"™* the debenture ot h. 7.- 7^ Purposes maybe issued as valid "n^rb-n^i4!i;x:;^:,,^-",!f;n.^at"co,.^tv'' "- "- l^^i^PPort of Destitute Insane Persons. top, SL'';r^i°°r'tt ^:^!!,,?"rta!tra'i'' '^°'" *;"^.«r" - sue h „sa„e destitute persons t e:n;;''^t ; „^"w L^SKSed ^"-^'•" to the provincial asylums, either in the Pnnn// f^'^itted the destitute other place within fL. nA V ^V, ,V"'^^-^ S^^^ <^^ some insane, to be natd for .n^h County and .shall determine the sum ;t Division ^> \%^'^-'^ ^-^ ^ ^.. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 u 12.8 1^ m M 2.2 1.8 1.4 ill 1.6 V] <^ /}. / .^ '5>' /A PhotofflHphic Scmces Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716)872-4503 ^i>. :%

525. Unless otherwise provided for, the soil and freehold Certain high- ot every highway or road altered, amended or laid out accord- '^"J"'' «*"=•> ing to law^ shall be vested in Her Majesty, Her Heirs and Sue- Growl."' '''' censors. R. S. O. c. 174, s. 487. (30 V. c. 48, s. 405.) Jurisdiction of Municipal Councils. 526. Subject to the exceptions and provisions hereinafter .Jurisdiction of contained, every Municipal Council shall have jurisdiction councils <.vei over the original allowances for roads aud hicrhways and '■'"''^'' "'''■ bridges within the Municipality. R. S. O. c. 174%. 488 (36 V.c.48,s.406.) ^ Possession in Municipalities. , 537 Every public road, street, bridge or other highway, in a City, Township, Town or incorporated Village, shall^be vested in the Municipality, subject to any rights in the soil which the individuals who laid out such road, street, bridge or highway reserved, and except any concession or other road withm the City, Township or Town or incorporated Village, taken and held possession of by an individual in lieu of a street, road or highway laid out by him without compensation therefor R S. 0. c. 174, s. 489. (3G V. c. 48, s. 407.) Acquiring Roads for Public Avenues. 528. The Council of every City and Town may respectively Acquiring pass by-laws tor acquiring and assuming possession of and con- r'*''^ ^"'^ trol over any public highway or road in an adjacent Munici- ll^ltenue'^o?" pality by and with the consent of such Municipality, the same ^''^^^ being signitied by a by-law passed for that purpose, for a pub- lic avenue or walk ; ^ ^ And for acquiring from the owners of the land adjacent to such highway or road, such land as may be required on either side ot such highway or road to increase the width thereof to the extent of 100 feet or less, subject to the provisions of section 48G ot this Act. R. S. 0. c, 174, s. 490. (36 V. c. 48, s. '408.) Assumption of County Bridges by Villages. 629. The Councils of every County and incorporated Assumption village may pass by-laws for carrying out any arrangement ''^ ^'"«g«« "^ between them for the assumption by the Village Municipality eonln.ior''' ot any bridge within its limits under the jurisdiction of the county- County Council, and for such bridge being toll free ; and for the payment by the Village Municipality to the County Muni- cipality of any part of the cost of the construction 'of such bridge ; After the passing of such by-laws the bridge shall be and remain under the exclusive jurisdiction of the Village Municipality; "'t :'| •fcii V 188 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. Municipality ; and the Villaf?e Municipality shall be subject to all the liabilities in the preniiscH, which but for the transfer would have devolved on the County Municipalitv ; and the 41 V. c. 11,3.1. bridge shall be and remain toll free Approaches to briages. Liability for repair of public roads, etc. Limitation of actions. To what roads applicable. Liability for Repairs. 530. The approaches for 100 feet to and next adjoining each end of all bridges belonging to, assumed by, or under thf jurisdiction of any Municipality or Municipalities, shall be kept up and maintained by such Municipality or Munici- palities: the remaining portion or portions of such approaches shall be kept up and maintained by the local Municipalities in which they are situate. 43 V. c. 24, s. IH. 531. Every public road, street, bridge and highway shall be kept in repair by the Coiporation, and on default of the Corporation so to keep in repair, the Corporation shall, besides being subject to any punishment provided by law, be civilly responsible for all damages sustained by any person by reason of such default, but the action must be brought within three months after the damages have been sustained : (2) This section shall not apply to any road, street, bridge or highway laid out by any private person, and the Corpora- tion shall not be liable to keep in repair any such last-men- tioned road, street, bridge or highway, until established by by-la of the Corporation, or otherwise a.ssuined for public use by such Corporation. R. S. 0. c. 174, s. 491. (3G V. c. 48, s. 409.) - t^ .Toint jurisdiC' tiim over cer- tain ruaciii. 538. In case a road lies wholly or partly between a County, City, Town, Township or incorporated Village, and an adjoining County or Counties, City, Town, Township or incorporated Village, the Councds 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 in 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. R. S. 0. c; 174, s. 498 ; 4.5 V. c. 23, s. 13. (30 V. c. 48, s. 410.) Both councils 539. No by-law of the Council of any one of such Muni- mmt concur cipalities with respect to any such last mentioned road or spectiut'Uiem. bridge, shall have any force' until a by-law has been pas.sed In similar terms, as nearly as may be, by the other Council or Councils having joint jurisdiction in the premises. R. S. O. c. 174,8.499. (30 V.c. 48,8.417.) Arbitration if they do not concur, 540. In case the other Council or Councils, for six months after notice of the by-law, omit to pass a by-law or by-laws in 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. R. S. 0. c. 174, s. 500. (30 V. c. 48, s. 418.) Transfer of former Powers of Justices in Sessions to County Councils. Certain pow- ^^rl- A.11 powers, duties and liabilities which at any time ers of justices before the first day of January, 1850, belonged to the Magis- traS'rrTd to trates ill Quarter Sessions, with respect to any particular road county coun- or bridge in a County, and are not conferred or imposed .upon "^^^ any 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 disobedi- ence of the like regulations of the Magistrates would have subjected them to. R. S. 0. c. 174, s. 501. (30 V. c. 48, s. 419.) Roads ^ 1882-3. MUNICIPAL INSTITUTIONS. Roads vested in Her MnJeHfij. Chap. 18. 191 Tli>afl.s, etc., prciviiieiul works vusteil in htir Majos- ty, etc., not to lie iiiterforeil witli. I'rocliirnation by Lieut. -CJov. an ti) rdiids, etc., iiiKJer control of Comnii«»ioner of I'uMic Worka. 51-. No Council shall interfere with any public road or bridge vested as a Provincial work in Her Majesty, or in any pubh^ Departrnent or Board, and the Lieutenant-Governor shall by Or.ler in Council have the same powers as to such n)ad and brid-ro as are by this Act conferred on Municipal Uouticiis with respect to other roarls and brid'''''~e»l>cclmgRm,h.-^Adminu.lmti.M,,fOnll,s. tion before a Mimic pa Council tlic li.-.,! <.f fi,. / '"\V^'^'"'^- "-'ises. a. minist^,. an oath ol- alKn^aU^ta^yta rtf ^Zt,";"/ v.:: 4«,"'7„";" '"^"''" '" '""P"'" K S- O- e m,:.'50r ('so J^'.>/«/,M in Opening Road AUcmavres. iiiiiiisiii ^'luiutipdiuy, tneir othcers or servants for nV I'n r^^.^f ^ <• the oneninir of ^uoh ,-r^.,A u ^'''^''"^^ '^^'^ or m respect of the part thereoHn resoect of vvS ^ ^ \-'^^ P^''^'^''' «^ anad Allowances. Sees. .")oO (D), 551-553. Aid to adjoinmff Munici/xdities in Making Roads or Bridges. Sec. 554. By-lawHinay 550. The Counfiil of every County, Township, City, Town be made for- ^^^ incorporated Village may pas.s by-laws— General Powers. (1) For opening, making, preserving, improving, repairing, widening, altering, diverting or stopping up roads, streets, squares, alleys, lanes, bridges, or other pulilic ccmimunications withinthe jurisdiction of the Council, and for entering upon, breaking up, taking or using any land in any way necessary '»r 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 ; R. S. 0. c. 174, .s. 509 (1). (30 V. c. 48, s. 425 (1).) Roads acroHH (2) For establishing, opening, making, preserving, improving, railway lands, nmintaining, widening, enlarging, alteiing, diverting or stopping up, within the limits of the municipality, any highway through, over, across, under, along, or upon the lailway and lands of any railway company, and for entering upon, breaking up, taking or using any such land in any way necessary or convenient for the said "purpose ; but subject to the provisions contained in " The Railway, Streets and Drains Act, ISS.i" and provided that such highway is within the jurisdiction of the Council ; 45 V. c. 21, s. 4. Tolls. Opening or stopping up roads, etc. Raising money by toll. Making regu- lations as to dangerous places. (3) For raising money by toll on any bridge, road or other work, to defray the expense of making or repairing the same ; R. S. 0. c. 174, s. 509 (2). (30 V. c. 48, s. 425 (2).) (4) For making regulations as to pits, precipices and deep waters, and oth&r places dangerous to travellers ; R. S. 0. c. 174, s. 509 (3). (36 V. c. 48, s. 425 (3j.) (5) (5) l«82-3. MUNI) For ^jrantinjr to any person, in considorah'on nr nnvf ,. con>^|.n.tio,M,f plankin,.^rivelli,,, or X;« of iMMl.l,,,^. a bri.l^ro. tho toll. fix...l l.y hy.law to 1,0 l.vi.Ml on th.^ work Jor a porm.! „t not in..re than ->l yvfiVH aftt-r the work 1 a y-law ot the Council authorising tolls to bo oollocto.l ; an. the grantoe of such toils shall, .lurin-r tho porio.l of his c. 174, 8. .Am (0). ,, ._ V. c. 48, s. 42.) ((]).) 'J"^^nbt, , Stone, etc., on Road Allowances, grav.l, ona y aJhrrance or appropriation for a public roa.l • t'""''f "•"«» th^^tlr un,Ufann!,nnn,t of Thnher oa Public Lan,/s" /elativo " to U,vernnK.nt n.ad allowances an.l the grantlnr. of Cro vn timber hcenses; R. S. 0. c. 174, s. 50!) (4). \s6 v\ ia. s 425 G^rana^v/ Prlvileffee to Road or Bridge Companies. (7) For refrulatiiig the manner of ^-lantin.^ to Road or Bri.l.re r .• . CoP.pan.es per,nission to co.nn.enc.>or proceed with roads or viKZSd bnd-es withni its jurisdiction, and for regulatin- the manner '"■ '•''''^f^ '="™- as to entitle .ucli Companies to levy tolls thereon and for re^nilat.n. the manner of u.akin. the' examinations n^laiy g,r the proper exe^i-cise of these powers by the Council ; rI a_c_m.s..,oa(.,). (so v. o. 48, s. 425 (S).) See also A k a Procurina Materials for Coastructimj or Repairing well as the pnce or damage to be paid to any person for such rtVtt'l l"''''*/-?^"?'"""^ "P«" ^'y ^he imrties concerned Act R S O^ ''iil^'''''-Z '!?. ^^'' '"^""«^' Vvov\acd by this Act, R. .S. 0. c. 174, s. oO!) (7). (36 V. c. 48, s. 425 (7).) Selling Road Allowances. road has been opened in lieu of the ori-^inal road a llnil nT ^ '''•'"'''''■ ^«» and or the site or line of which compen°atLXl btZ ,a d' ancf "'"^■ and for selling in like manner to the owners of any adjoin! m^ and any road legally stopped up or altered by the CouS and ,n case such parties respectively refuse to become tie' purchasers at such price as the Council thinks reasonaWMhl for I 196 Chap. IS. MUNICIPAL INSTITUTIONS. 46 Vic. I ' When a road is aubstituteil for in orit;inal al- lowance with- out compensa- tion to person whose laml is taken, such person, if tie owns land adjoining to be entitled to original road. Compensation to party whose land is taken who does not own land adjoining original road. for the sale theveot' to any other per.son for tlie .same or a greater price. R. S. 0. c. 174, s. 509 (H). (3(3 Y. c. 48, s. 425 (S).) 551. In case any one in po.ssession of a concession road or side line has laid out and opened a road or street^ in place thereof with.nit receiving- compensation therefor, or in case a new or travelled public road has been laid out and opened in lieu of an original allowance for road, and for which no (fom- pen.sation has been paid to the owner of the land appropriated as a ])ublic road in jtlace of such original allowance, the owner, if his lands adjoin the concession road, side line, or original allowance, shall be entitled thereto, in lieu of the road so laid out, and the Council of the Municipality, upon the report in 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. (2) When any such original road allowance is, in the opinion of the Council, useless to the public, and lies between lands owned by different parties, the Municipal Council may, subject to the conditions aforesaid, sell and convey a part thereof to each of such parties as may .seem just and r • sonable ; and in case compensation was not paid for the new road, and the person through whose land the same passes does not own the land adjoining the original vuad allowance, the amount 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. R. S. 0. c. 174, s. 510. (30 V. c. 48, s. 420.) Possession of Unopened Road Alloivances. Original allow- 55*^. In case a per.son is in possession of any part of a when t'o^r'^'* government allowance for road laid out adjoining his lot and deemed legally enclosed by a lawful fence, and which has not been opened for Eydaw^is pais- public useby reason of another road being used in lieu thereof, ed for opening ov is in possession of any government allowance for road par- them. g^jjgi QY jjgg^p ^Q which a road has been establi.shed by law in lieu thereof, such peison shall be deemed legally possessed thereof, as against any private person, until a by-law has been passed for opening such allowance for road by the Council having jurisdiction over the same. R. S. 0. c. 174, s. 511. (.30 V. c. 48, s. 427.) Notice of By-laws for Opening such Alloivances. 553. No such by-law shall be passed until notice in writing has been given to the person in possession, at least eight days before the meeting of the Counril, that an application will be made for opening such allowance. R. S. O. c. 174, s. 512. (30 V. c. 48, s. 428.) Aiding Notice of by- law to be given. 1S82-3. MUNICIPAL INSTITUTIONS. Chap. 18. 197 Aiding hi making Roads and Bridges. 554:. The Council of any Municipality may pass by-laws for Bv-laws to ai,l granting aidto any adjoining Municipality in inakinrr openin^i- •■^''.i"i"!"tf,. maintannng, widening, raising, lowering, or otherwise improv-' ".'.".lll^jriais, ing any highway, road, street, bridge, or con-unication pas.. '''''■ ing troin or through an adjoining Municipal../. R. S. Q c 174, s. 518. (30 V. c. 48, s. 429.) I y ■ o. kj. c. Division III— Powers of Townships, Cities, Towns and VILLAGES in RELATION TO RoADS AND BllIDGES.' ■ Aiding Counties in opening New Roads. Sec 5.5.-) (1) Joint tvorhs with other Mimicipalities. Sec. 555 (2) Repair o/ Township Roads, how enforced. Sees. 556-564. ^ 555. The Council of every Township, City, Town andKyiawsmay incorporated ^ illage may pass by-laws— ''« "'^de for- JVew Roads. (1) For granting to the County or United Counties in which Aiding co„„. such Municipality lies, aid, by loan or otherwise, towards open- ^'^^'^ '" ■"''^'<"'& ing or making any new road or bridge on the bounds of such C'S""' JVlunici2)ality ; " . ' Joint Works with other Municipalities. (2) For entering into and performing any arrangement with Joint works any other Council in the same County or United Counties for ^ith other n.u- executing at their joint expense and for their joint benefit any """'"^'''''• work within the jurisdiction of the Council ; R S O c 'l74 H. 514. (3(3 V. c. 48, s. 430.) >•••■«, Repair of Township Roads— how Enforced. 556. \yhenever Township Councils fail to maintain Town- Township ship boundary hues notas.^umed by the County Council in the ^^'"""^i' f'"""? IhTZ"'^ r fT T^Y^^^hip roads, by mutual agreement as to t^he^rd'at": the share to be borne by each, it shall be competent for one or more ot such Councils to apply to the County Council to enforce joint action on all Township Councils interested. K. b. O. c. 1/4, s. olo. (36 V. c. 48, 8. 431.) ne.wfpl nvt?'''.'''^'''' ^" <^^^Township Councils interested Resident rate- neglect or letuseto open up and repair such lines of road in a iwersmay manner similar to the other local roads, it shall be competent iySi^nT' toi a majority ot the ratepayers resident on the lots borderincr enforce open- on either or both .sides of such line to petition the County Coun*^ '"° "''"^ '■°*'^' cil to enforce the opening up or repair of such lines of road by the lown.ship Councils interested. R.S. 0. c. 174 s 516 m V. c. 48, s. 432.) ' 55^^^ I 198 Chap. 18. MUNICIPAL INSTITUTIONS. 4G Vic, Action by S.IS. A County Council receiving such petition, either from county council TownshipCouncils or from rateiiayers.as ill the i)recedin<'section on petition. , . ' . , i / , i ^ i.i mentioned, may consider and act upon the same at the session at which the petition is presented. R. S. 0. c. 174, s. 517. (36 V. 0. 48, s. 433.) 559. The County Council may determine upon the amount t"'jff>'™isl>eii which each Township Council interested .shall be recpiired, to Amount, etc., tobefui'nislie(' by e.ach town^ ship apply for the opening or repairing of such lines of road, or to direct the expenditure of a certain portion of statute labour, or both, as may seem necessary to make the said lines of road equal to other roads. R. S. 0. c. 174, s. 518. (3(i V". c. 48, s. 434.) Commission. 500. It shall be the duty of the County Council to appoint era to enforce ^ Commissioner or Commissioners to execute and enforce their ty council as orders or by-laws relative to such roads. If the representa- to such roads, ^j^es of any or all of the Townships interested intimate to the Council or to the Commissioner or Commissioners so appointed, their intention to execute the work themselves, then such Coinmis.sioner or Commissioners shall delay Proviso. proceedings for a reasonable time ; but if the work is not proceeded with during the favourable season by the Town- ship officers, then the Commissioners shall undertake and fini,sh it themselves. R. S. O. c. 174, s. 519. (30 V. c. 48, b. 435.) Sums deter- 561. Any sum of money SO determined upon by the County mined upon to Council as the portion to be paid by the respective Townships^ tow'^ifship^ shall be paid by the County Treasurer on the order of the Com- missioner or Commissioners, and the amount retained out of any money in his hands belonging to such Townshij) ; but if there arenot at any time before the striking of a County rate any such moneys belonging to such Township in the Treasurer's hands, an additional rate shall be levied by the County Council against such Township sufficient to cover such advances. R. S. 0. c. 174, s. 520. (36 V. c. 48, s. 436.) When the 563. Whenever the se^'^era^ Townships interested in the several town- whole or part of any County boundary line road are unable ed'cannor"^ mutually to agree as to their joint action in opening or main- agree, taining such line road, or portion thereof, oiiu or more of such arbitrator*!' ^"^ Township Couucils may apply to the Wardens of the border- ing Counties to determine jointly the amount which each Township shall be required to expend either in mon-^y '^^ statute labour, ov both, and the mode of expenditure on such County judge road ; the County Judge of the County in which the Township first making the application is situate shall in all cases be the third arbitratoi-. R. S. O. c. 174, s. 521. (36 V. c. 48, s. 437.) also. Meeting of wardens. 563. It shall be the duty of the interested to meet within 21 days Wardens of the Counties from the time of receiving such 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. such application for the determination of the matter in dispute. The Warden of the County in which the Township first making • the application is situated, shall be the convener of the meet- ing ; and it shall be his duty to notify the Warden of the .^her Wh., to con- County and County Judge of the time and [)lace of meeting, ^«'"'' «*'"• withm 8 days of the time of his receiving such application. R. S. O. c. 174, s. .522. (3G V. c. 48, s. 488.) oG4:. At such meeting the Wardens and County Jud^e or What the any two of them, shall determine on tlie share to be borne 'by Ziv juXe the respective Townships, of the amount required on the part shall ile'ter- or parts to be opened or rejmired by each or both, and shall '"'"^' '"^''■ appoint a Commissioner or Commissioners to superintend such work, and it shall be the duty of the Township Treasurer to pay the orders of such Commissioners to the extent of the sum apportioned to each; and pathmasters controlling the statute labour on thelot;^ adjoining such line, on the portion of such line to be opened or repaired, shall obey the orders of such Commissioner or Commissioners in performing the statute labour unexpended. R. S. 0. c. 174, s. 523. (3G V. c. 48, s. 439.) Division IV.— Powers of County Councils in relation TO Roads and Bridges. Respecting the closing of Road Allowances. Sec. 565 (1). " the Opening and altering of Roads. Sec. 565 (2). " Trees obstructing Highivays. Sec. 565 (3). " Doiihle Tracks in Snoiu Roads. Sec. 565 (4). " Aid to Toiotiships. Sec. 565 (5). Repair of Count y roads in local Municipalities. Sec. 565 (6). " Mineral rights on Roads. See sec. r)G7. 565. The Council of every County shall have power to pass By-laws for- by-laws for the following purposes : — Closing Road Allowances. (1) For stopping up, or stopping up and sale, of any original Disposing of allowance for roads or parts thereof within the County, which "riKinal allow- is subject to the sole jurisdiction and control of the Council, Tn ceSin"'*'^* and not being within the limits of any Villai,'e, Town .or City cases. within or adjoining the County ; but the by-law for this i)ur- pose shall be subject to section 546 of this Act ; R. S. 0. c. 174, s. 524 (1). (36 V. c. 48, s. 440 (1).) Opening and Altering Roads. (2) For opening, making, preserving, improving, repairing, Opening, etc., widening, altering, diverting and stopping up roads, streets, roads etc., squares, alleys, lanes, bridges or other public communications, Tween aeverri running I 200 Chap. 18. MUNICIPAL INSTITUTIONS. 4G Vic. municipali- ties. running or being witliin one or more Townships, or between two or more Townships of the County ; oi any bridge required to be built or made across any river over 100 feet in width Avithin any incorporated Village in the County connecting any public highway leading through the County, and wliich 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 boundaries of the County, as the interests of the inliabitants tf the County, in the opinion of the Council, retpiire to be so opened, made, preserved and improved ; and for entering upon, breaking up, taking or using any land in any way necessary or convenient for the said purposes, suV)ject to the restrictions herein contained ; R. S. O. c. 174, s. 524 (2). (30 V. c. 48, s. 440 (2).) See 37 V. c. 10. s. 17. Trees ohstracting Higlavays. (3) For directing that, on each and either side of a highway, trecMtobe under the jurisdiciicm of the Council passing through a wood, si.leofhigh- the trees unless such as are reserveu by the owner tor orna- ways- ment or shelter; shall, for a space not exceeding 25 faet on each side of the highway, be cut down and removed by the proprietor within a time appointed by the by-law, or, in his default, by the County Surveyor or other officer in whose division the land lies; and, in the latter case, for authorizing the trees to be used by the Overseer or other officer for any purpose connected with the improvement of the highways and bridges in his division, or to be sold by him to defray the ex- penses of canying the by-law into effijct ; and the Council may further pay such expenses out of County funds ; R. S. O. c. 174, s. 524 (3;. (30 V.c. 48, s. 44j (3).) Double Tracks in Snoiv Roads. May direct the trees ti) be clearedoneach Double tracks (4) For providing for the making and keeping open of double in snow roads. t,racks in snow roads, according to the provisions of " The Act R. S. O. c. 185. respecting Doiihle Tracks in Snoiv Roads" ; R. 8. 0. c. 174, s. 524 (4). (36 V. c. 40, s. 1.) Aiding Townships, etc. For aiding the (^) ^^^ granting to any Town, Township or incorporated Vil- making of lage in the County, aid by loan or otherwise towards opening brWffes"'^ or making any new road or bridge in the Town, Township or Village, in cases where the Council deems the County at large Guaranteeing sufficiently interested in the work to justify such assistance, debentures of but not sufficiently interested to justify the Council in at once paUti^"""" assuming the same as a County work, and also for guarantee- ing the debentures of any Municipality within the County, as the C uncil may deem expedient ; R. S. O. c. 174, s. 524 (5). (30 V. c. 48, s. 440 (4).) Repair ff 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 201 Repair of Coimty Ruads in Local Mttnicipalities. (0) For requiring- that the whole or any part of any County Openinj^ roads road within any local xMunicipality sliall be opened, improved ''.' '",':'''.' "'""'■ and maintained by such local Municipality. R. S. O. c. 174 /'""*■ s. 524 ((J). (30 V. c. 48, s. 440 (5).) Division V.— Powers ok Township Councils in relation TO Roads and Bridges. Aidivg Counties. Sec. ,5(!G (1). Closi)i(j Road Al.lowa7ices. Sec. oGG (2). Treeii ohstriicting Jlighwaya. Sec. 506 (3). Footpaths. &o.'50G'(4). Sale or lease of^ Minerals on or under Roads. Sec. 507. Sale of Roads in Villages a)id Hamlets. 6'ecs. 508, 509. 566. The Council of every Township may pass by-laws — By-laws for- Aiding Counties. (1) For granting to any adjoining County aid in making. Aiding adjoin, opening, maintaining, widening, raising, lowering or otherwise jnt? county improving any highway, road, street, bridge or communication roaX,''i?c^', lying between the Township and any other Municipality, and and granting for granting_ like aid to the County in which the Township lies SroaS""*^ in respect of any highway, road, street, bridge or cominunica- assumed by tion within the Township assumed by the County as a ''™'"^- County work, or agreed to be so assumed on condition of such grant; R. S. 0. c. 174, .s. 525 (1). (30 V. c. 48, s. 441 (1).) Closing Road A llowances. (2) For the stopping up, leasing or sale of any original Stopping up, allowance for road or any part thereof within the Municipality, ifSnainS and for fixing and declaring therein the terms upon which the allowano^e.'^"* same is to be leased, sold and conveyed ; But no such by-law shall have any force — Proviso. (a) Unless passed in accordance with section 540 of this Act, nor b) Until confirmed by a by-law of the Council of the County in which the Township is situate, at an ordinary session of the County Council, held not sooner than three months nor later than one year next after the passing thereof ; R. S. 0. c. 174, s. 525 (2) ; 44 V. c. 24, s. 17. (36 V. c 48, s. 441 (2).) ill Trees 202 Chap. 18. MUNICIPAL INSTITUTIONS. Trees obstructing Highways. 46 Vic. Ordering trees (3) For directing that, on each or either side of a high- *"eLT8ide7f way under the jurisdiction of tlie Council DftssinL' through a a road. Footpaths. Sale or lease of mineral rights under roads. No sale or lease till after notice. Sale or lease not to inter- fere with public travel. wood, the trees (unie.s,s such as are reserved by the owner for ornament or shelter) shall, for a space not exceeding 25 feet on each side of tlie highway, be cut down and removed by the proprietor within a time appointed by the by-law, or, oji his default, by the Over.seer of Highways, or other officer in whose division the land lies ; and, in the latter case, for autho- rizing the trees to be used by the Overseer or other officer for any purpose connected with the improvement of the highways and bridges in his division, or to be sold by him to defray the expenses of carrying the by-law into effiect ; and the Council may grant out of Township funds any money that may be necessary to pay for cutting down and removing such trees ; R. S. O. c. 174, s. 525 (3). (30 V. c. 48, s. 441 (3).) Footpaths. (4) For setting apart so much of any highway as the Council may deem necessary for the purposes of a footpath, and for imposing penalties on persons travelling thereon on horseback or in vehicles. R. S. 0. c, 174, s, 525 (4). (36 V. c, 48, s, 441 (4).) Sale or Lease of Minerals on or under Roads. 567, The Corporation of any Township or County, wherever minerals are found, may sell or lease, by public auction or otherwise, the right to take minerals found upon or under any roads over which said Town.ship or County may have jurisdic- tion, if considered expedient so to do. (2) No such sale or lease shall take place until after due notice of such intended by law has been posted up in six of the most public places in the immediate neighbourhood of such road, for at lea.st one month previous to the time fixed for con- sidering such by-law. (3) The deed oi conveyance or lease to the purchaser or pur- chasers, lessee or lessees, under said by-law, shall contain a proviso protecting the road for public travel, and preventing any uses of the granted rights interfering with public travel. R. S, 0. c, 174, s. 520 ; 44 V. c. 24, ss. 18-20. (30 V. c. 48, s. 442,) When roads in police villages and certain hamlets may be stopped up, sold, etc, by township council. Sale of Roads in Villages or Hamlets. 568. In case the Trustees of any Police Village, or 15 of the inhabitant householders of any other unincorporated Village or hamlet consisting of not less than 20 dwelling houses standing within an area of 200 acres, petition the Council of the Township in which the Village or hamlet is situate, and in case the petition of such unincorporated Village or li^' « 18 or fio sh de Co otl wi lai tai an sit sai of an Vi sit 48 TI P ^ ( J ^ J ■* 1 1 1 ( 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 203 or liamlet, not bein^' a Police Village, is accompanied by a certi- ficate from the Registrar of the County within which tile Tow i, ■ ship lies, that a plan of the Village or hamlet has been duly deposited in his office according to the registry laws, the Council may pass a by-law to stop up, sell and convey, or otherwise deal with any original allowance for road lying within the limits of the Village or hamlet, as the same shall be laid down on the plan, but subject to all the restrictions con- tained in this Act with reference to the sale of original allow- ances. R. S. O. J. 174, ,s. 527. (30 V. c. 48, s. 443.) 569. Th.e last section shall apply to a Village or hamlet When village situate in two Townships, whether such Townships are in the e'lih of uvo same ov different Counties and in such case the Council of each townships," of the Townships shall have the power thereby conferred, as to any original allowance for road lying within that part of the Village or hamlet which, according to the registered plan, is situate within such Township. R. S. 0. c. 174,s. 528. (3GV.c. 48, s. 444.) TITLE III.— POWERS OF MUNICIPAL COUNCILS AS TO DRAINAGE AND OTHER IMPROVEMENTS PAID FOR BY LOCAL RATE. Div. I.— Townships, Cities, Towns and Villages. Div. II. — Cities, Towns and Villages. Div. III. — Counties. Div. IV. — Townships. Division I.— Townships, Cities, Towns and Villages. Local drainage by-laius, and fund for. Sees. 570, 571. Complaints respecting assessments, how tried. Sec. 570 (10- 15). Quashing by-latus, limitations respecting. Sees. 572-575. Extension of works to other Municipalities. Sec. 570. Mode of apportioning cost. ^ecs. 577-583. Who to keep in repair. Sees. 584-590. Damage done hyworks. /Sees. 591, 592. Drainage by private %)ersons. Sec.bd'i. Earth may he spread on road. Sees. 594, 595. Construction of ditch on toivn line between tivo Municipali- ties. Sees. 590, 597. Construction of tuorks affecting several Municipalities in same County. Sees. 598, 599. Construction of tcorks affecting several Municipalities in different Counties— Procedure. Sees. 000-011. 570. I 204 Chap. 18. MUNICIP.\L INSTITUTIONS. 4(5 Vl(!. Municipal cimiu'ilrt may pUHM by-laws for (lecpenitiK Btreaiiir'. etc., drainage, etc. Examination by engineer. Plans and eHtimatsH. For (ieei)ening streams, etc. For borrowing requisite funds, etc. Payment of intereBt on debentures, how made. Levying rate for payment. 5 TO. In case the majority in number of the persons, as shewn hy tlio last revise) Any person whose property has been assessed for such Proviso, work may pay the amount of such assessment, less the interest, at any time before the debentures are issued, in which case the amount of debentures shall be proporuonably reduced ; and (c) Any agreement on the part of any tenant to pay the rates or taxes of the demised property shall not apply to or include the charges or assessments for any works under this section, unless such agreement in express terms mentions or refers to such charges or assessments, and as payable in res- pect of drainage woiks ; but in cases of contracts of purchase or of leases giving the lessee a right of purchase, the said charges or assessments shall i)e added to the price, and shall be paid (as the case may bo) by the purchaser, or by the lessee in case he exercises 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 jjroportion in which the assessment should be made on the various portions of lands so benefited, and subject in every case of complaint by the owner or per;jon interested in any pioperty assessed, (whether of overcharge, or undercharge of any other property assessed, uv that property which should be assessed has been wrongfully omitted to be as- sessed,) to proceedings for trial of such complaint and appeal therefrom, in like manner, as nearly as may be, as on proceed- ings for the trial of complaints to the Court of Revision under " The AsHexament Act ;" R. S. O. c. 174, s. 529 (1-5). (.36 V c 48, s. 447 ; .'}7 V. c. 20. s. 1 ; 39 V. c. 34, s. 8.) (G) The engineer 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 of 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 ot the lot, if the person owninr '■ rt actually drained owns the whole lot, or owns such hax i.ter, or rther described part of the lot ; 45 V. c. 2G, s. 1 (4;. For providing how asseKS- meiit be paiil. For ascertain- ing the pro- |.erty liable to tlie r.ate. R. S. O. c. 180, ss. oG, 57. Mode of as- sessing pro- perty. I I I. ! i 208 ii How pniiMir- tioii of lietii'tit may be shuwn. ! ( 1 i t j 1 Petition for ! dniinitm' lands hyuinbunking, etc. 1 I Injury to low lyint,' land. Chap. 18. MUNICIPAL INSTITUTIONS. 40 Vic. Sections .')70- 62t> to apply. Section 587 only to apply during tlie will i>f the Council. Court of Ki'vision to have primary jurisdiction. Power of. K. S. O. c. 180, 88. 47-55. TransniisHion of assesBnient roll. Appeal to oounty judge. Powers of judge on ap- peal. (7) The proportion of bonetit to bo dorived from any works by different piucols of Ituid or roads n>ay Ite Hhevvn by tlio enj^inoor or survoyor by ])lacin<^ 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 bo borne by each parcel or road ; 4') V. c. 2(5, s. I ('>). (8) The Council shall have the like power, and the i)rovi- sions of this section shall apply in cases where tht on 1 • .. 1 n /I I r 1 ii 1 <:iiiii|)luiiit cjr complaint or apjxsil, tlie Court or Jud^^e, as the case may be, appeal, shall vaiy j>ro nita the assessmtait of the said property, and of the other lamls and roads benetited as aforesaici, without fur- ther notice to the persons interested therein, so that theaj^pfre- gate amount assessed shall lie the same as' if there had been no appeal ; and tlie Judge, or in case there is no appeal to the Judge, the Court of Revision shall return tlie roll to the Muni- cipal (Jlerk from whom it was received, and the Assessors shall prepare and attest a roll in accordance with their original as- sessment as altered by such revision ; R. S. 0. c. 174, s. 529 (8-13). (.SG V. c. 48, s. 447 ; 40 V. c. 8, s, 57.) (10) The jn-ovisions of this set tion shall be deemed to extend Works to to the re-execution or completion of any works which have *'""'* 'H'.*'*'®°' 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, lake, or pond is, for the purposes hereof, within the jurisdiction of this Legislature. 45 V. c. 2(>, s. 1 (1), i>(irt. 57 I. Such by-law shall, midatis mutandis, be in the form Form of by- or to the effect following : law. A BY-LAW to provide for draining parts of (dv, for the deepening of in, nr ication in a m^wspaper, direct hy resolution that a copy of -'"-vedon lir... the hy-law and notice, written or printer!, or partly written "and lirJttZrS. baitiy printed, be .served upon eacli of the .several owners their li«l>«J- lessees or occupants, or upon the agent or agents of such own- ers, or be left at their places of residence with some grown up member of the family, or where the land is unoccupied and the owner or <)wners, or their agent or agents, do not reside within the Municipality, may cause to be sent by registered letter to tne last known ad.lress oi sm^h owner or owners, a copy of such by-law and notice, and the said by-law shall not be finally passed until after the expiration of three weeks from the last of .such .siMvices, and the clerk shall keep on Hie in his office a statutory declaration or declarations by the party or parties making such service or .services, and the manner in which the same were effected. 44 V. c. 24, .s. 21. See sec. 618. rtT.i. Ln ca.se no such intention to make application to if „„ .„.„,:.., quash a by- aw is served witliin the time limited for that "." Im'Si?" purpose in the preceding section, or if such notice is served '»'"'«"' '''"e then in ca.se sue), application is not matice of appeal • th3n.'"'' sucli notice shall state the ground of appeal, the name of an J<.ngineer or other person as their arbitrator, and shall call upon such Corporation to appoint an arbitrator in the matter on t^ieir behal within ten days after the service of such notice. R. b. O. c. 174, s. 540. (30 V. c. 48, s. 457.) (2) When it is proposed to continue the deepenin8.) 584. After such work is fully made and completed, it .shall be the duty of each Municipality, in the proportion determined by the Engineer or arbitrators (as the ease maij be), or until otherwise determined by the Engineer or arbitrators, under the same formalities, as nearly as may be, as provided in the preceding sections, to preserve, maintain and keep in repair the same within its own limits, either at the expense of the Munici[)ality, or parties more immediately interested, or at the joint expense of such parties and the Municipality, as to the Council upon the report of the Engineer or Surveyor may seem just. 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 213 (2) Any .such Municipality neglecting or refusing so to do, Provisions for upon reasonable notice in writing being given by any party ''*'*®"^"®*^'*''*» interested therein, shall be compellable by viandamus, to be ^^''" issued by any Court of competent jurisdiction, to make from time to time the nece.-.sai y repairs to preserve and ni.i.intain the same ; and shall be liable to pecuniary damage to any person Liat.ility for who or whose property is injuriously affected by reason of such ^l^^i'iHie. neglect or refu.sal. R. S. O'. c 174, s. 542. (36 V. c. 48, s. 459.) 585. After any works undertaken under .section 598 are Dutv ..f .Minor lully made and completed, it shall be the duty of each minor '"""'cipalities Municipality to preserve, maintain and keep in repair the .same w'nL'.''""''"''^ within its own limits, in accordance with the requirements of the preceding section, which shall be applicable thereto. 45 V c. 2(3, s. 5. ■ 580. In any case wherein the better to maintain any drain Power to constructed under the provisions of the " Ontario Dminaae change couiHe Act of 1873," or of the Revised Statute respecting the expen- ifew rtieT''"'^ diture of public money for drainage works, or to prevent etc damage to adjacent lands, it shall be deemed expedient to change the course of such drain, or make a new outlet, or otherwise improve or alter Mie drain, the Council of the Muni- cipality, or of any of the Munici|)alities whose duty it is to preserve and maintain the said drain, may, on the report of an engineer appointed l)y them to examine and re[)ort on such drain, undertake and complete the alterations and improve- ments .specified in the report under the provisions of sections 570 to 583 inclusive witliout the petition required bv section 570. 45 V. c. 20, s. 17. ^ J 587. In any case wherein after such work is fully made and completed, the same has not been continued into any other Municipality than that in which the .same was commenced, or wherein the lands or roads of any such other Municipality are not benefited by such work, it shall be the duty of the Municipality making such work to jireserve, maintain and keep in repair the same at the expense of the lots, parts of lots and roads, as the case may be, as agreed upon and shev.Tx in the by- law when finally passel (2) In any case where similar work has been constructed out of the general funds of the Municipality previous to the tenth day of Febiuary, 187G, the Council may without petition, on the report of an Engineer or Surveyor, pass a by-law for pre.serving, maintaining and keeping in repair the same at the expense of the lots, parts of lots and roads, as the case may be, beneficed by such work and may assess such lots, parts of' lot.s and roads so benefited, for the expense thereof, in the same manner, by the same proceedings, and subject to the same right of appeal as is provided with regard to works made and com- pleted under the provisions of this Act. (3) Works not ex- tended beyond municipality commencing sime, etc., or which do not benefit any other munici- pality, to be maintained by municipality commencing same. Wlien work prior to 10th Feb., 187ti, has been paid for out of funds of municipality repair may be charjjed on property bene- fited. 'I ^2\\ Chap, IS. MUNICIPAL INSTITl^nONS. 4G Vic. Assessment (3) The Council may, from time to time, change such assess- may be nient on the report of an Engineer or Surveyor aijpointed by them to examine and report on such work jind repairs, sub- ject to the like rights of appeal as the persons charged would have in the case of an original assessment. R. S. O. c. 174, s. 543. (30 V. c. 48, s. 400 ; 39 V. c. 34, s. 7.) Drains to be 588. In the evcnt of any ditch, drain, creek or water-course oh^tmcttonr" ^^^^* '^^^ ^^^^" Constructed or opened up under the provision^ of "The Oniiirio Drmiuujc Act,'' or any of the amendments thereto, or under the provisions of this Act respecting drainage to be paid l)y local rate, becomes obstructed, so as the free tlow of the water is impeded thereby, if the aforementioned obstructions have been wilfully placed in such ditch, drain, creek, or water-course, by any party or parties through whose land, or between whose lands, such ditch, drain, cr -ik, or water- course is situate, the party or parties causing the same shall, upon notilication by the Council of the Municipality in writing, remove svich obstructions, and if not so removed within the time specilied, the council shall, without further delay, have the same removed at the cost of the said party or parties. (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 the Collector's lloU 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 au 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 lands are situate, in the same manner as is pro- vided by section twelve of chapter 199 of the lievised Statutes of Ontario. New. Power to bor- row fui.ds for repairs to drainage worits. 1 t 589. Where the repairs, required to be made under either section 584 or section 587, are so extensive that the Muni- cipal Council does not deem it expedient to levy the cost thereof in one year, the said Council may pass a by-law to 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 ilebentures : the by-law shall not require the assent of the electors. (2) The provisions of " The Ontario Mxiriicipal Drainage A Id Act" shall apply to any debentures issued under the authority of any such by-law, if such by-law, before it was finally passed, was published or notified in the mannei provided by section 572 of this Act, or, after it was passed, was promulgated in the manner authorized by section 331 of this Act. New. 590. 1S82-3. MUNICIPAL INSTITUTIONS. Chap. 18. 215 500. If a drain already constnicted, or hereafter con- Case of drain .strueted by a Municipality, is u.sed as an outlet by another ";T"'^ '"'■ • unicipality, Company or individual, or it any Munici- pality. pality. Company or individual, by any means cause waters CO How u|)on and injure the lands of another Municipality, Company or individual, the Municipality, Company or indi- vidual using such drain as an outlet or otherwise, or causing waters to How upon and injure such lands, may be a.ssessed in such proportion and amount as may be ascertained by the eni,dneer, surveyor, or arbitrators, under the formalities pro- vided in the foregoing .sections, for the construction and maintenance of such drain so used as an outlet a« aforesaid ; or for the construction and maintemince of such drain or drains as may be necessary for conveying from such lands the waters so caused to flow upon and injure the same. 44 V. c. 24, s. 22. 591. If any dispute arises between individuals, or between Disputes as to individuals and a Municipality or Company, or between a b"\^!trks'"o? Company and Municipality, or between Municipalities, as to ivfene.l to " ^^ damages alleged to have been done to the property of any aibitration. Municipality, individual or Company, in the construction of drainage works, or consecpient thereon, then the Municipality, Company or individual complaining may refer the matter to arbitration, as provided in this Act ; and the award so made shall be binding on all parties. R. S. O. c. 174, s. 545. (30 V c. 48, .s. 402.) 59''' pass such by-liws as may be requisite for collecting the amount ""''^' a.ssessed against the lands or roads within its jurisdiction 45 V. c. 20, s. 3. 600. In case the Municipalities upon which the cost of the Construction works would fall are in several Counties, any of the Counties "^ '''"'■'"' '" may procure an examination to be made by an engineer or tL?"'' '""'"' Provincial land surveyor of the lands afiected by the'iiroposed works, and may procure plans of the work and estimates to be made of the cost thereof, including an estimate of the amount to be paid for damages, if any, and an assessment to be made by such engineer or Provincial land surveyor of the real property to be benefited, stating, as nearly as may be in the opinion of such engineer or surveyor, the proportion of benefit to be derived from such works by every road and lot or portion of lot. (2) Any Municipality may agree to indemnify the county, in Mvmicip.ality respect of the expenses incurred in the case of the works not ""^^ ^^'''^'^ '<* being proceeded with. 45 V. 20, s. 0. count""'^^ 601. The Council shall thereupon, if it considers it desirable " "^^^^ *P- to proceed with the work, pass a resolution to this effect, and council Sport shall ^° ^^ pub" I Chap. IH. MITNICIPAL INSTITUTIONS. 4(1 Vic linlitiil, 1111(1 shall cause a copy of the said report to be published at least copi.'^.if plans ^j in newspapers publishtjd in the county towns of the etc., .-ifi'ved 1)11 _ I I I _ 1 1 • 1 1 • II" wanltJii of each several coiuities affected, or in nmvspapers pnl)lished in such ot county. ^]^g (^jjjj county towns as have newspapers, but it shall not be necessary that such report shall he published in more than one paper in one county town, and shall cause to be served a copy ' of the report, plans, speciKcations, estimates and assessment upon the warden of each of the other counties affected. 4'.') V. c. 2(1, s. 7. be taken. Proviso. Whon votes of 6()3. Tn case ten of the' owners of the property assessed, as»e."s"Ml to within ten days of the first publication of the s.iid report in a newspaper published in the county town of the county the( -oun- cil of which procured the examination to lie made, petition such Council not to proceed with the work, such Council shall, if it desires to proceed therewith, pass a by-law for takiiij^ the votes of the persons assessed upon the (piestioii whether or not the work shall be proceeded with ; such by-law shall provide for holding a pollins; place in each municip.ality atfecteeal) re(piiriny such county to state whether or not it is contt.'nt to accept the assessment made, as shewinj^ the proper proportion to be borne by such county, and notifying such < 'ouncil that if dissatished with such assessment they nnist, within 80 tlays from the receipt of such notice by their warden, appeal therefrom. (2) If the Council whose warden is serve*, works and .services, corner lots, trian<,'ii- !,?,,','..."«.' lar or other irr.'j,'ular shaped pieces of land .situate at the inter- """''"• sections or junctions of streetii, havinj; du ^ rej^'urd to the sit- uation, value and sui)eificial aicaof such lots as compared with adjoining' lots anI4. Wlu'rc the lands on either side of a street, lane, or How i.rc.por- alley in a City, Town, or incorporated Village, in the opinion of ['""".' ^oNt ..f the Council, are from any cause unlit for building purposes, iiiTntH"i"to he" and the Council deem it ineqnital)le to assess the same for 'i''t''r'"i'>i''i in local improvements at as high a rate as the l)uilding jo^y •'i'"'-'"'' *-•"'"'«• . fronting on said street, lane or alley, the Council shall in all such cases determine in what proportion the cost of any such improvement shall bo borne by the lauds on each side of said street, lane, or alley, respectively. Xi'ir. (>1 5, Wherever in p'.aces v/hoUy witl.la a (Jity, Town or in- Provision corporated Village, it shall, in the opinion of the Council, be;;Xi'£rZl deemed expedient and necessary to construct or repair bridges Li'iiveiu. or culverts on any street, lane, or alley, for the more im- mediate convenience or benelit of any particular locality, and the Council is of opinion that from any cause it is ineciuitable to charge the whole cost of such construction or repairs on the lands fronUng thereon, the Council shall determine what lands are l)enefited by such construction or repairs, and the pro[)orti()n in which the cost thereof shall be assessed against the lands so benefited. The assessments made under this and the preceding section shall be subject to an appeal to the Judge of the County Court in the same manner and on the same terms, as nearly as may be, as an appeal from the Court of lievision, in the case of an ordinary assessment. Xctc. 6 1 6. The Council may permit the owner or owners to build form -il mny or improve the sidewalk in front of liis or their lands, and any }.*'j'"-f,r'"'*^" street, lane or alley within a City, Town, or incorporated Vil- impmve s[,ie- lage, under the direction of the Council or an officer thereof ^^7^'}^■^'" f'""' appointed for that purpose, and according to such plans and "' ^ '""' ' regulations as the Council may prescribe, in which case the owners or occupants of such lands shall be exem]it from all taxes for improvements of a like nature so long as he or they shall keep the same in repair to the satisfaction of the Council. New. 617. ;i,^.iStal...'i_i;-* 224 Chap. 18. MUNICIPAL INSTITUTIONS. 4G Vic. Power to bdrrow funds for local iiu- provements. Time for re- payment of loans. 617. For the purpose of enabling Councils to avoid the necessity of making supplementary assessments, or refunding in case of over 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 hereby authorized and empowered to make agree- ments with any bank or banks, or any person or body corporate for temporaiy advances and loans until the completion of the work or improvement, for meeting the cost thereof, and they may and they are hereby authorized and empowered in their option to make the special assessments for the cost thereof, after the work or improvement, as the case may be, shall have been completed, and to pass the necessary by-law authorizino' the issue of debentures to repay the amount of the temporary 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 ('i) If in any case any debt has been incurred by the Mu- arffiTTgular, "i^ipality for any work or improvement done or constructed new assess. ' under the i)rovisions of this Act, and after the incurring of the mal'ie'' ""^^ ''^ «aid debt the special a.ssessment for such work or improvement or the by-law providing for borrowing money therefor, be set aside or quashed, either wholly or in ])art, on the gj-ound of any irregularity or illegality in the making of sucli assessment or pa.ssing such by-law, it shall be lawful for the said Council, and they are hereby authorized to cause a new assessment or ass^sments to be made, and to pass a new by-law or by-laws so often as may be necessary to })rovide 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 autiiorizing 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 rocommendino- the proposed work or impro\'ement for sanitary or drainage pur- poses adopted by the Council ; or (h) On a petition of the owners of the real property bene- fited, sufficiently signed ; or (c) After due notice as above provided of the proposed as- set;sment, and no petition of the owners of the real property benefited against the proposed assessment, sufficiently signed, being presented to the Council within the time limited therefor. Property (4) Any real property specially assessed by any Council for kca'niil^il'e. ^^y ^°^^^ improvement or work under this Act, and real pro- perty pm* 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 225 perty where such improvement or work has been done with menta t.. be moneys provided by tlie owners of such real property, and ""^'"''J f''"'" real property the ownei-s of which have constructed their own ^^"srmJ'pm-. works and improvements which would otherwise have been voae^i. constructed by the Municipality as local improvements, shall be exempted by the Council from any jreueral rate or assessment for the like i)urpose, except the cost of works and improvements at the intersection of streets, and except sueli portion of the general rate as may be imposed to meet the cost of works and improvements opposite real property which is exempt from such special assessments and the general rate which may be imposed to meet the cost of maintenance and repairs on works and improvements constructed under local improvement by- la v.'s. J\'nu. By-laws need II t be adver- tised, but notice of the sitting of the court of revis- ion shall be served on owners, lessees, etc. 618. No by-law passed by the Council of any City, Town, or incorporated Villp^-e, under the provisions of sections 570, 571, or 612 of this Act, shall require to be advertised or puV)lished_by the said Council in any newspaper, but a -.vritten or printed or partly written and partly printed notice of the sitting of the Court of Revision for the confirmation of every such special assessment shall be given to the owners, lessees and occupants, or the agents of the owners, lessees and occupants, of each parcel of real estate included in such by- laws and assessment. (2) Each such notice shall contain a general description of the property in respect of which the same is given, the nature of the proposed improvements, work or service, the estimated total cost thereof, the amount of the 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 Conuiiissioner, or other ofhcer to be appointed by the Council for the purpose, and be mailed to the owner's address, at least fifteen days before the day ajipointed for the sittings of the said court, and ten days' notice shall also be given by public?*^^ion in some newspaper, having a general circulation, of the time and place of 'the meet- ing of the said court, which notice shall specify generally what such assessment is to be for and the total amount to be assessed. 42 V. c. ;31,s. 21. 619. Any real property specially assessed by any Council Property spe- for any local improvement or work under this Act, shall be '^''^''^ as'^essed exen_ipte(l by the Council from any general rate or assessment from .^enerld for the like purpose, except the cost of works at the intersec- »«^f^s»ii'"t for tion of streets, and except such portion of the general rate as """" ^""''""**'- may be imposed to meet the cost of like works opposite real pr(ji,eity which is exempt from such special assessment; 45 V. e. 23, ,s. 5, 2xirt; 43 V. c. 27, s. 11 {l),paH. (2) Where a local improvement or service is petitioned for, aud the petition is by two-thirds in number of the owners of 16 the m 'U II f f H '( Id I •226 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. the real property frontinfj or abutting upon the street or place wherein or wliereon sucli iinproveineiit or work is proposed to be done or made, the exeini)tion may be for a specified period named in the petition and agreed to by the Council. (3) Or if, either with or without naming any period for such exemption, the petition requests an arbitration, the Council may accede to the proposal tor an arbitration. (4)) In case the matter is to be determined by arbitration, a sole arbiti'ator shall be chosen for the purpose by the County Court Judge, unless some person or persons is or are agreed to in that behalf by the petitioners and the Council. (5) Wherever, ly reason of a special assessment, the owners arc exempted from a general rate for the like purpose, as afore- id, the Council shall, from year to year, by by-law directing sai By-laws directing im jjrovenieiits be made by local asKess- meut. the general rate of assessment, or by some other by-law, state what proportion of the general rate is for purposes for which there is such special assessment in any part of the Munici- pality, and shall state the same in such manner as may give effect to this section. (6) Until a by-law is passed containing such statement, none of the money raised by general rate on real property specially assessed or ivated for any work or service hereafter executed shall be api)lied to any work or service of the same character in any part of the Municipality. 43 V. c. 27, s. 11. G20. The Council of any City, Town or incorporated vil- to lage may, by a by-law, passed with the assent of the electors according to the provisions of this Act, direct that all future expenditure in the Municipality for the improvements and services, or for any class or classes of improvement or service, for which special provisions are made in sections (yl'i and 024, shall be by special assessment on the property benefited, and not exempt by law from assessment. (2) After such a by-law has been passed- in manner afore- said, it shall not be repealed without the like assent of the electors; and, in case of such repeal, the preceding section, with respect to freedom from any general rate or assessment of property which is subject to a special rate, shall apply to all property which had been specially rated or assessed for such improvement or service, while the repealed by-law was in force. The time the exemption is to cease is to be determined in each or any case by arbitration, and the arbitrator is to be appointed bv the County Judge, on the application of the Council. 43 V. c. 27. s. 12. AsseBament of 631. With respect to land on which a ])lace of worship is ship for local erected and land used in connection therewith the Municipal Council may, by the by-law to be passed in that behalf, require the corporation, trustees, and other persons in whom is vested any Repeal of by-laws. improve merits. 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. 227 Certain part of impioveinents may he charg- ed on general rates. any such property, and the said proi)erty 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 improve- ment, in the following cases, namely : (a) In case a by-law is passed under the preceding section ; (b) 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 aforesaid), representing at least one half in value of the remaining property, petition the Council to undertake the said improvement ; (r) 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 beneHted by the pro- posed improvement (including the said corporatiim,' trustees, or other jx^rsons), representing at least one half in value of the property, in- luding the said property so vested in the corporation, trustees, or other persons aforesaid, petition the Council for the said improvement. Sec 43 V. c. 27, s. 13. (522. In case of a special assessment on property benefited by local improvement, the Council of the Municipality (if the^ think fit) may by by-law jjrovide for constructing, at the ex- pense of the general funds of the Municipality, such part of the local improvement as is situate upon or in that part of any street, lane, alley, i)ublic place, or square, which is intersected by any other street, lane, alley, public place, or square, or as wo\ild otherwise fall on property exempt from assessment; and the Council may i)rovide for the cost in the general rates or taxes for the year, or by the issue of debentures, or in such other mannei- not inconsistent with the provisions of this Act, or any special Act, as to said Council mav seem best, and' subject to such by-laws as the Council may pass in that behalf 43 V. c. 27,s. 14. (2) The by-law authorizing the issue of such debentures need^ not he submitted for the assent of the electors of the Municipality ; and the debentures being issued to pay for that l)art of the work payable by local assessment may, if the Coun- cil thinks fit, be issued as a series distinct from those required to pay for tliat ])ai't which is to be borne by the general funds of the Municipality, or all the debentures required for the work may ho issued in one series, as " Local Improvement Debentures." This sub-section shall be deemed declaratory of the law on and from the fifth day of March, 1880. IS'eiv. G2',i. The Council of any City, Town, .,r incorporated Village Assent of may pass all by-laws necessary, from time to time to raise electors not loans and borrow moneys required for its share of 'any local bl'^laws^or improvements and works on the credit of such City Town raising Muni- or incorporated Village at large ; and it shall not be ne'cessary 5coK ti ^Q improvements. Provisions as to "Local Improvement Uebentures." 228 Sweeping, lightinfi and watering streets. Chap. 18. MUNICIPAL INSTITUTIONS. 46 ViO. to obtain the assent of the electors of such City, Town, or Vil- lage to the passing of any such by-law under the provisions of this Act, any special or private Act in that behalf to the contrary notwithstanding ; provided always that nothing in this section contained shall be construed as authorizing an extension of the general debt of such City, Town, or Village beyond the limits thereof tixed by any Act limiting the same. (2) It is hereby declared that the debentures issued under local improvement by-laws on the security of special assess- ments therefor torm no part of the general debt of any such Municipality, within the meaning of any such last above- mentiftned Act, and it shall not be necessary to recite the amount of such local improvement debt so secured by special rates or assessments in any by-law for borrowing money on the credit of the City, Town, or incorporated Village at large as aforesaid; but it shall be sufficient to state in any such by-law, that the amount of the general debt of the Municipality as therein set forth is exclusive of local improvement debts, secured by special Acts, rates or assessments. iVeto. Siueepir.y, Lighthig and Watering Streets. 624. The Council of every City, Town and incorporated Village may pass by-laws for raiding, upon the petition of at least two- thirds of the freeholders and householders resident in any street, square, alley or lane, representing in value one- half of the assessed real property therein, such sums as may be necessary for sweeping, watering or lighting the street, s([uare, alley or lane, by means of a special rate on the I'eal property therein according to the frontage thereof; but the Council may charge the general corporate funds with the expenditure incurred in such sweeping, watering or lighting as aforesaid. (2) The Council may also, by by-law, detine certain areas or sections within the Municipality in which the streets should be watered, swept and lighted, and may impose a special rate upon the assessed real property therein, according to the Irontage thereof, in order to pay any expenses incurred in watering, sweeping or lighting such streets, R. S. 0. c. 174, 8. 555. (30 V. c. 48, s. 4(i8 ; 37 V. c. IG, s. 21.) Special rates for local im- provement!', Division III. — Coux-uy By-laws for Road Improvements. Special rates by County Councils for local improvements in To'wnsldps. Sees. G25-G27. 625. The Council of every County shall have power to pass by-laws for levying by assessment on all latable property within any particular part of one or parts of two Townships to be described by metes and bounds in the by-law, in addition to all other rates, a sum sufficient to delray the exi)enses of making LS82-3. MUNICIPAL LVSTITLTTIONS. Chap. 18. 229 making, repairing o* 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 notapply to any road, bridge or other public works within the limits of any Town or incorporated Village. R S O c 174 s. 557. {'M V. c. 4t — to obtain by- law fill- such (1) Upon a petition signed by at least two-thirds of the 3s''^' electors who arc rated for at least one-half of the value of the property within those parts of such Township which are to be affected by the by-law ; nor (2) Unless a printed notice of the petition, with the names Xotice to be ot the signers thereto, describing the limits within which the i"'-'''«d "p, by-law IS to have fore, has beeii given for at least one month, ^or'tSe''^''^ by putting up the same in four ditierent places within such weeks, parts of the Townshij), and at the places for holding the sit- tings of the Council of each Township, whether it be within such j)arts or 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 in the two newspa])ers ))ublished nearest the proposed work. K. S. 0. c. 174, s. 558. (3G V. c. 48, s. 470.) 62 T. A County Council may, by by-law, assume or acquire any road, bridge or other public work, lying within one or more Town ;hips or iucorpoi'ated Towns or Villages, and may, by l)y-law, raise by way of loan, a sum of money for the im- provement of such road, bridge or public work, to be re|)aid by a special assessment on all the ratable property within the Municipaliti:3s which shall be immediately benefited by such road, bridge or public work, (2) Such by-law shall state the amount to be raised for such work, and shall define the Municipalities forming the portion of the County Municipality to be affected by said by-law, and the portion of work to lie performed in each Municipality, and shall provide for the raising of the said amount by the issue of tlebentures of the County, payable in 20 years, or by equal annual instalments of principal, with interest, and shall provide foi- assessing and levying upon all the ratable pro- perty, lying within the section defined in such by-law, an annual special rate sufKeient for the payment of the principal and interest of the debentures. (3) Such by-law shall, if a])proved by a majority of the rep- Bv-lawtohe resentatives in the County Council of the Municipalities which ""'^'"itted to are defined in the said by-law, be submitted to the vote of the p'Sof qualified ratepayers in the portion of said County to be affected 9"'"'^y by said by-law who arc entitled to vote on money by-laws. '"*'"''"'^ (4) Power to pass by-lawsacfiuir- ing roads, etc., lying within one or more townships, etc., and to levy speci.al rate for ini- l^rovenient thereof. Particulars which are to be stated in the by-law. interested. I : ^230 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. Bylaw only to (4) In case there shouhl be a niajority' of votes cast against ai)ply to those ^^^^ ^^j^| ^y.i^w in any one or- more of the MunicinaUties nieii- inunicipniii.ieH _ ii. ii ii -ii i i -iii xi inwh' tii- has tioiieu tlicreiu, although the said by-law be carried, then the ama/o'jt/cf same shall only apply to tliose 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 said 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 said by-law, would have been required to pay un- der said by-law. By-law, if car^ ried in some municipalities only, may be passed or dropped. (5) In case there should be a majority of votes cast against the said by-law in any one or more Municipalities mentioned therein, although the said by-law be carried, then ui)on the approval of the majority of the representatives in the County Council of tho Municipalities which have given a majority of votes in favour of the said by-law, the same may be read a third time and passed by the County Council, or dropped alto- gether; but in case the said by-law is finally passed, only the representatives in the County Council of those Municipalities giving a majority in favour of the said 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. General pro- (G) In all other respects the voting on such by-laws, and the applTto'vot- P^-ssing and subse(iui'nt proceedings thereon, shall be in accord- ing, etc. ance with the provisions of this Act. 45 V. c. 2o, s. 14, TITLE IV. -POWERS OF MUNICIPAL COUNCILS AS TO RAILWAYS. Aiding railivays hy taking stock, etc. ^cc. G28. When head of Council to be a Director ex oficio. Sec. G29. Townships may j)ermit Railivays to be constructed on high- ivays, etc. Sec. G30. Grouping clauses repealed. Sec. (i31. By-laws may 628. The Council of every Township, County, City, Town be made for— and incorporated Village may pass by-laws — Taking stock in certain rail- ways or guaranteeing debentures. 14, 15 V. c. 61, 8. 18. C. S. C. c. 66, ss. 7.5-78. R. S. O. c. 165, a. 31. (1) For subscribing for any number of shares in the capital stock of, or for lending to or guaranteeing the payment of any sum of money borrowed by an incorporated Railway Company to which the eighteenth section of tlie statute fourteen and fifteen Victoria, chapter 51, or sections 75 to 78 inclusive of chapter GG of the Consolidated Statutes of Canada, or the equivalent sections of "The Railway Act of Ontario" have been or may be made applicable by any special Act. R. S 0. c. 174, s. 559 (1). (3G V. c. 48, .s. 471 (1).) (2) HMHI 1882-3 MUNICIPAL INSTITUTIONS. Chap. 18. 231 For K'l'iran- teeiiiK' tlie payint'iit of ili'liL'iitures, etc. For iHsulnj? debentures, etc. Form of ilfbeuture. Assent of electors neces- sary. (2) For endorsing or guaranteeing tlic payment of any de- benture to be issued by the Company for the money by them borrowed, and for as.ses.sing and levying from time to time, upon the whole ratable property of the Municipality, a .sutH- ci'jtit sum to discliarge the debt or engagement so contracted ; R. S. O. c. 174, s. 550 (:2) ; 3G V. c. 48, .s. 471 (2j.) (3) For issuing, for the like purpose, debentures payable at such times, and for such sums respectively, not less than S20, and bearing or not bearing interest as the Municipal Council thinks meet ; R. S. 0. c. 174, s, 55U (3) ; (3G V. c. 48, s. 471(3).) (4) For granting bonuses to any Railway C(jmpany in aid of Bonuses, such railway, and for i.ssuing debentures in the .same maimer as is in the preceding sub-section provided for raising money to meet .such bonuses ; R. S. 0. c. 174, s. 559 (4) ; (3G V. c. 48, s. 471 (4).) (5) For directing the manner and form of signing or endors- ing any debenture so issued, endorsed or guaranteed, and of countersigning the same, and by what olftcer or person the same shall be so signed endorsed or countersigned respec- tively ; But no Municipal Corporation .shall subscribe for .stock or incur a deV)t or liability for the purposes aforesaid, unless the by-law before the final passing thereof receives the assent of the electors of the Municipality iji_ ma nner prov ided by thia Act ; R. S. 0. c. 174, s. 559 (5). (3(5 Y. c. 48, s. 471 (5).) See also 11 S. 0. c. 105, s. 31 (3), and ,sec. 322 ante. 639. In case any Municipal Council subscribes for and In certain holds stock in a Railway Company under section 028 to the cormciUo'be^ amount oi $20,000 or upwarus, the head of the Council shall cjt officio a, be ex ojfjUclo one of the Directors of the Company, in addition '•"'«ctor. to the number of Directors authorized by the special Act, and shall have tlie same rights, powers and duties as the other Directors of the Company ; R. S. O. c. 174, s. 5G0 ; (30 V. c. 48, s, 475.) See also R. S. O. c. 105, s. 31 (4).) 630. The Council of every Township may pass by-laws for By-laws auth- authorizing any Railway Company, in case such authority is nJfway.^lTram necessary, to make a branch railway on property of the Corpo- imd othe'r rail- ration, or on highways, under such conditions as the Council h^hwavT^ sees fit, and subject to the restrictions contained in "The Rail- li^/A. o. c. ivay Act of Ontario," and any other Acts affecting such rail- ^^^' way ; and may also pass by-laws to authorize companies or individuals to construct tramways and other railways along any highway on such terms and conditions as tlie Council sees fit. R.S.O^c. 174,8.501. (30 V. c. 48, s. 470.) 631. So much of any enactment in private and other Acts, (irouping passed on or before the fifth day of March, 1880, as authorizes . '.^j'^^V \etg or passed on or V 232 Chap. 18. MUNI('[PAL INSTITUTIONS. 46 Vic. pealed. before March or provides for the j,noupinGri. (30 V. c. 48, s. 480.) trustees. 636. The persons (jualiHed to bo elected Police Trustees Qualification shall be such persons as reside within the Police Village or "' "'"''''^*'**' within two miles thereof, and are eligible to be elected Town- ship Uouticillors, and are rpialihed in respect of property for which they are rated in such Police Village to the amount required ,so to qualify them. R. S. O. c. 174, s. 500. (30 V. c. 48, S.481.) 637. If there are not six jiersons qualified under the pre- Deficiency in ceding section, any person entitled to vote at the election may """"'"t er 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 fur the election, at nine o'clock in the morning, and shall continue open until five o'clock in the afternoon, and no longer. R. S. O. c. 174, s. 575. (30 V. c. 48, s. 490.^ " lii Notice of per- 04(». The Returning Officer or CTiairman of the meeting r)Te'po»ted'''^'' ■'^^i'*''^> *"^ the day following that of tlu; nomination, post up in the office of the Clerk of the Township, if it is situati.'d in such Police Village, and if not, then in some other public place in such Police Village, tht; names of the persons nominated at Lint of voters, such meeting; and shall, if a pc^U is necessary, demand in to be obtained, ^y^.[^^[n,^ fv^^,,! ^]^q Qlerk 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, sn( h as is required to be furnishetl under the next section. R. S. 0. c. 174, s. 570. (3G V. c. 48, s. 4!) I ; 40 V. c. 7, Sched. A (184).) Clerk of town- 047. The Clerk of the Township, or Clerks of the Town- ahip to furnish j^ijipi^ in ^yljjch any Police Village is situated, shall, at latest alphabutical .11 • 1 ii 1 '!• • 1.1 n 1 i- ^ list of voters, on the day previous to the "lay tor opening the poll, deliver to the Returning Office of such Police Village a list of the names according to the form by law prescribeii in the case of other municipal elections, of the per.scms 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. R. S. O. c. 174, .s. 577. (30 V. c. 48, s. 41)2 ; 40 V. c. 7, Sched. A (185).) List to be attested by declaration. Except where 048. The various sections of this Act relating to the pro- vided^samr" ceedings at the nomination and election of Township Couucil- proceedings, lors, including those relating to the questions to be put and as at ekctio^**^ oaths to bc administered to electors, and as to the appointment etc., of cmn- ' of a Chairman or Returning Officer, in case the person ap- pointed is absent, and also the provisions respecting contro- verted elections and for the prevention of corrupt ))ractices, shall apply and be acted on, unless where a different provision is cillors, etc. i*" 1882-.*J. MITNICIPAI, INSTITUTIONS. Chap. 18. 235 is lioroin iiiado, in the oloction of Police TrustooH. R. S. (). c. 174, f*. .-)7.S. (.SO V. c. 48,8. 4!)8 ; 40 V. c. 7, Sched. A (I8(j).) 041). In caso a casting vote is rcKHjirod to «1otprtninft an Ca .tinn vote, oloctioii, tlic llciturniiij^ (itiiciM-, wluitlic- otherwise ([ualiHt'd or not, .siiall f^ivu a castiniif voto for oiio or uion3 of sucli camli- (lati'H, so as to dccidi' thu olnctioii, and o.KCopt in smdi case tlie Rcturniiifj; Utiicer shall not vote at any such election. K. 8. O. c. 174, .s. r)7!). (SO V. c. 48, s. 4!).5.) 650. The ll(!turnini; Officer shall have the lilvo powers foi' Towern of the preservation of the peace as are given to Retmninif Offi- Jj^gg"'"^' cers and Deimty lleturninL? OlHcors at municipal elections. R. S. O. c. 1 7 ., s.'5,S(). (;}() V. c. 48, s. 4!)U.) OS I. The persons elected shall hold office until their sue- Term of office. cessors are eleeted or ap|)i»inted and sworn into offic(! and hold their tir.st nieetiar R. S. O. c. 174, s. .')8l. (;3(j V. c. 48, .s. 4i)G.) 65!3. Every Returning Officer shall, on the day after the %*,'"'"!"*' clcse of the poll, return the bal'ot j rpers, voters' list and other tuni'hallot " documents ndating to the election, to the Clerk of the Town- papern, etc., ship in which the Village is situated, or \n case the Village t!Iwnship, lies in several Tinvnships, then to the Clerk of the County, veHHed under verified 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 2 (l.S, 14). Niiisdncfs. Sec. GG'l (Iri). Penaltictt. Seen. Wui-VA)'). Ne/lect of H7. CM) V. c. 48 s 504.) hytwo^r'"?*"- G58. In case the Village is situated in tvi'o or more Town- towns'hi'pa'.'""*' ships, the Trustees shall ie(piire a proportionate amoiint from each, according to the value of the property of the Village in each Township, as shewn by the last equalized assessment rolls. R. 8. 0. c. 174, s. 58S. (30 V. c. 48, s. 505.) Payment of orilerH given by trustees, etc. ClflO. The Township Treasurer shall from time to time, if he has moneys of the Municipality in his hands not otherwise appropriated, pay any order given in favour of any person by the Inspecting Trustee, or by any two of the Trustees, to the extent of the amount required to be levied as afDre.said, al- though the .same may not have been then collected. R. S. O c. 174, s. 589. (30 V. c. 48, s. 50().) iy be^lten ^^^^ ^^ TnxHiGe shall give any such order in favour of any ■ person except for work previously actuallv ])erformed, or in payment of some other executed contract. R.S.O. c. 174 s 590 (3GV.c.48,.s.507.) TruHtees tobe 661. The Trustees of every Police Village shall be Health TioTm. Officers within the Police Viilage, under " The Act respecting the Public Health." R. S. O. c. 174, s. 591. (30 V. c 48 .s 508.) . , ' * 66!3 iWiJi 1882-3. MUNKiPAL INSTITUTIONS. 237 Folli»wInaf ri'Kiiliitioiii to bit uiil'iii'cuil. Ki>r prDvidiin; laililuiD, eto. TVnalty, Kire biioketn. Peuulty. Ah t(> furnaces, etc. Chnp. 18. 66a. Tin.' Tnistoes of every Police Village shall execute and enforce therein the regulations following : — Prevention of Fire. • (1) Every proprietor of a house more than one story liijrh, shall place ami keep a ladder on the roof of such house near to oragain.st the principal chimney thereof, ami another ladder reaching from the nnmiul to the roof of such house, under a penalty of one dollar for every omission ; and a further jxjnalty of two dollars for every week such omission continues. It S O. c. 174, s. ■-)!)2 ( I ). (.-{G V. c. 4H,H. 'm (I).) (2) Every householder shall provide himself with two buckets fit for carrying water in case of accident by tire, umler a penalty of one dollar f(n- each bucket delicient. K. 8 O c I74,s. r,!)2(2). (yO V. c. 4S, s. 509 (2).) ' '' (3) No person slydl build any oven or furnace unless it ad- joins and is properly connected with a chimney of stone or brick at least three feet higher than the hoiisi! or buiMing in which the oven or furnace is built, un ^ W- (4) No person sliall pa.ss a .stove-pipe thi-ough a wooden oi- lathed partition or Hoor, unless there is a space of four inches between the ])ipe and the wood-work nearest thereto ; and the pijte of cveiy stove shall be inserted into a chimney ; and there shall I.e at least ten inches in the clear between any stove and any lathed partition or wood-work, under a penalty of two dollar.s. It. S. U. c. 174, .s. 59'^ (4). (30 V. c. 48 s 509 (4)-) (5) No person shall enter a mill, barn, outhouse or stable, with a lighted candle or lamp, unless well enclosed in a lantern, r.^r with a lighted pipe or cigar, nor with fire not properly secured, i-nder a penalty of one dollar. It. 8 O c 174, .s. 592 (5). (3."^ V. c. 48, s. 509 (5).) (0) No person shall light or have a fire in a wooden house or outhouse, unless such tire is in a brick or stone chimney, or in a stove of iron or other metal, properly secured, under a pen- alty of one dollar. R. S. O. c. 174, s. 592 (G). (30 V. c. 48 u 509 (0).) (7) No person shall carry fire or cause fire to be carried into or through any street, lane, yard, garden or other place, with- out having such fire confined in some copper, iron or tin vessel, under a penalty of one dollar for the first otlence, and of two ilollars for every subsequent offence. R. S. c 174 s 592 (7). (30 V. c. 48, s. 509 (7).) (8), No person shall light a fire in a street, lane or public place, under a penalty of one dollar. R. S. 0. c. 174, s. 592 (8) (36 V.c.41,s.509 (8).) (y) Stove i)ipe», etc, Penalty. Lights in rttaljles, etc. Penalty. Chimneys. Penalty. Securing fire cairieil thi'diigli stiouts, etc. Penalty. Lighting firea in streets. Penalty. '•^1 238 Hay, straw, etc. Penalty. AHhes, etc. Penalty. Lime. Penalty. Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. Charcoal furnaces. Penalty. (9) No person shall place hay, straw or fodder, or cause the same to be placed, in a dwelliny-house, under a penalty of one dollar for the first offence, and of five dollars for every week the hay, straw or fodder is suffered to remain there. R. S. O. c. 174, s. 51)2 (9). (3G V. c. 48, s. 509 (9).) (10) No person, except a manufacturer of pot or pearl ashes, shall keep or deposit ashes or cinders in any wc^oden vessel, box or thing not lined or doubled with sheet-iron, tin or copper, so as to prevent danger of tire from sucli ashes or cinders, under a penalty of one dollar. K S. 0. c. 174, s. 592 (10). (30 V. c. 48, s. 509 (10).) (11) 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 one dollar, and a further penalty of two dollars a day until the lime has been removed, or secured to the satisfaction of the Inspecting 'I'lustee, so as to prevent any danger of tire. R. S. O. c. 174, s. 592 (11). (30 V. c.48,s. 509 (11).) (12) No person shall erect a furnace for making charcoal of wood, under a ])enalty of tive dollars. R. S. 0. c. 174, s. 592 (12). (30 V.c. 48, 8.509(12).) « Gunpowder. Giinpowder, (18) No person shall keep or have gunpowder for sale, ex- how to be pgp^ jj^ boxes of coi)per, tin or lead, under a penalty of tive dollars for the tirst oti'ence, and ten dollars for every subse- kept. Penalty. quent ottence. 509 (13).) R. S. 0. c. 174, s. 592 (13). (30 V. c. 48, s. Not to be sold (14) No person xhall sell gunpowder, or permit gunpowder at night. ^Q ^^ j^qIj jj^ ]-jj^ house, storehouse or shop, outhouse or other Penalty. building, at night, ui\der a penalty of ten dollars for the tirst offence, and of twenty dollais for every subsequent oti'ence. R. S. 0. c. 174, s. 592 (14). (30 V. c. 48, s. 5U9 (14).) Nuisances. Certain nuisances prohibited. Who to sue for penalties. (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 or-" dollar, and a fuither penalty of two dollars forevery week he neglects or refuses to remove the same after being notified to do so by the Inspecting Trustee, or some other person authorized by him. R. S. 0. c. 174, s. 592 (0). (30 V. c. 48, s. 509 (15).) Penalties. GG3. The In,sppcting Trustee, or in his r.bsence, or when he is the party complained of, one of the other Trustees, shf^ll sue for all penalties incurred under the regulations of police herein established, 18S2-3. MUNICIPAL INSTITUTIONS. Chap. 18. 239 establishefl, bof'ore a Justice of the Peace having jurisdiction efore in the Village and residing therein, or within five miles thereof; '^"'' ^ or if there be none such, then before any Justice of the Peace '''^"'"' having jurisdiction in the Village; and the Justice shall hear Conviction and determine such complaint in a summary manner and may '^"'^ ''^^yof convict the offender, upoa the oath or affirmation of a credible '"""'*^' witness, and cause the penalty, with or without costs, as he may see fitting, to be levied by distress and sale of the goods of the offender, to be ]mid over to the Path-master or Path- masters of the division oi- divisions to which the Villao-e be- longs, or to such of the said Path-masters as the Trustee's may direct ; and such Path-master or Path-masters shall apply the penalty to the repair and improvement of the streets and lanes of the Village, under the direction of the Trustees. R S O c 174, s. 5i)3. (3G V. c. 4S, s. 510.) ' " ' " G64. Any Police Trustee who wilfully neglects or omits to Penalty for prosecute an offender at the request of any resident householder ['"'■■'°'' "^ ''"*y of the Village offering to adduce proof of an offence against the "'"'''"''" regulations of police herein established, or who wilfully neglects or omits to fulfil any ocher duty imposed on him by this* Act shill incur a penalty of five dollars. Pt. S. 0. c. 174 s 594* (3G V. c. 48, s. 511.) 665. The penalties prescribed by the preceding section, or When prose- by that for the establishment of regulations of police shall be ^utions to be sued for within ton days after the offence has been ccmunitted '^""""""^«'^- or has ceased, and not subsequently. R. S. 0. c. 174 s 595 (3G V. c. 48, s. 512.) ' ' " u • CONFIRMING AND SAVING CLAUSKS. 666. Nothing herein contained shall be taken or construed Exceptions to affect or rejieal so much of the schedules in either of the ^'""^ i-epeal. Municii)al Corporation Acts of 184!) and 1850 as defines the limits or boundaries of any Cities or Towns, being Schedule B Boundaries of ot the Act of 1849, numbers two, three, four, six, seven ei'dit '-'■'•'^^ an^' nine, ten and eleven, and Schedule C of the same Act, inimbers '"""'■ one, two and three, and Schedule B of the Act of 1850 num- bers one, five, twelve, thirteen, fourteen and fifteen; and also Amherstburs. so much ot Schedule D of the said Acts of 1849 and 1850 as relates to Amherstburg, and also so much of section 20:3 oi the said Act of 1849, and so much of any other sections of either of the said Acts relating to any of the Schedules thereof as have been acted upon, or as ai-e in force and remain to be acted upon at the time this Act takes effe.^t, and all proclama- P^odama oions and special statutes by or under which Cities and other ti.ms. Alunicipahties have been erected, so far as resjjects the con- Special Acts. tinumg the same and the boundaries tb.areof, shall continue in force. R. S. 0. c. 174, s. 59tj. (3G V. c. 48, sec. 513.) 667 ■Ik 240 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. R. s. o. c. i7o, 667. Nothing herein contained shall affect " The Act respect- not affected, ^^^g fj^^ establishment of Municipal [tistdidiuns in the Districts of Alijoma, Muskoka, Parry Sound, Nipissing and Thunder Bay."' R. S. 0. c. 174, s. 597. (3G V. c. 48, s. 514.) Inconsistent enactmenta repealed. Exception. 668. The Acts and parts of Acts inconsistent with the pro- visions of this Act, relating to the Municipal Institutions of Ontario, excepting special Acts which liave been enacted to confer specific powers on certain Municipalities are hereby re- pealed ; but the repeal thereof shall not revive any Act or provision of law by them repealed, or prevent the effect of any saving clause therein, or the application of any such parts or Acts, or of any Act or provision of law fornierly in force to any transaction, matter or thing anterior to the said repeal to which they would otherwise apply. Neiv. SCHEDULE A. (Section 122.) Form of Ballot Paper. (1. In the case of Cities.) Form for Mayor. $)^0 "nnS fag Ji'-i Qtii^.-s:^'^, o o ALLAN. Charles Allan, King Street, City of Toronto, Merchant. BROWN. William Brown, City of Toronto, Banker. J= - B = w Ki-s Form for Alderman. ARGO. Jamea Argo, City of Toronto, •Gentleman. BAKER. Samuel Baker, City of To- nmto, Baker. DUNCAN. Robert Duncan, City of To- ronto, Printer. (2. 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. (2. In the case of Towns divided into Wards.) Form for Mayok, Reeve, and Deputy Reeve. ^m c3 3 13 THOMPSON. j Jacob Thompson, of the Town of Barrie, Merchant. WALKER. Kobert Walker, of the Town of Barrie, I'hysician. BROWN. John Brown, of the Town of Barrie, Merchant. ROBINSON. George Robinson, of the Town of liurrie. Merchant. ARMOUR. Jacob Armour, of the Town of Barrie, Pumpmaker. BOYD. Zachary Boyd, of the To^vn of Barrie, Tinsmith. X X X Form 242 CJhap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. Form for Councillors. o S o BULL. John Bull, of the Town of Bar- rie, Butcher. JONES. M()rf,'an Jones, of t:ie Town of Barrie, Grocer. McAllister, I Allister McAllister, of the ! Town of Barrie, Tailor. H O'CONNELL. P.atrick 0'( "onnell, of the Town of Barrie, Milkman. X X (3. In the case of Townships divided into Wards.) Form for Reeve. OJ aj c 1 BARDELL. I Thomas Banlell, of the Town- j ship of Peel, Yeoman. SNODGRASS. Alfred Rnnclt,'raas, of the Town- ship of Peel, Yeoman. Form o U a H 0) J3 C3 •3 :^< 1^ > w I o BULL. Jdlin Bull, of the Township of York, Doctor of Medicine. JONES. Aforgan .Tones, of the Town- ship of York, Farmer. ]\rcALLlSTER. AUiHter ircAlli.ster, of the Township of York, Farmer. O'CONNELL. Patrick O'Connell, of the Town- ship oi York, Lumber Merchant. KUAN. ^^alachi Kuan, of the Town- shi[) of York, Farmer. SCHULTZE. Gottfried S(,'hiiltze, of the Township of York, Farmer. WASHINGTON. George Washington, of the Township of York, Gentleman. w 18S2-3. MUNICIPAL INSTITUTIONS. Chap. 18. 24.3 Form for Councillors. Sill it 244 Chap. 18. MUNICIPAL INSTITUTIONS. 46 Vic. (4. In the case of Incorporated ViUageH and Totvnahipa not divided into Wards.) 1; ^ o a a o o V a o '2 o H > d .*. S CO 3 j2 3 C 3 fl ea tl 3 " TS J3 o aj o § 8 a? BROWN. John Brown, of the Village of YorkvillB, Merchant. ROBINSON. George Robinson, of the Vil- lage of Yorkville, Physician. ARMOUR. Jacob Armour, of the Village of Yorkville, Pumpmaker. BOYD. Zachary Boyfl, of the Village of Yorkville, Tinsmith. BULL. John Bull, of the Village of Yorkvillo, Butcher. JONES. Morgan Jones, of tha Village of Yorkville, Grocer. McAllister. Alli-^tpr McAllister, of the Vil- lage of Yorkville, Tailor. I O'CONNELL. Patrick O'Connell. of the Vil- lage of Yorkville, Milkman. j^^oTE —In any case wlipre there are two or nrnrfi Deputy Re(«ve8, the ballot I'apfr willmako provision accordingly, naming them as first D.^putv Reeve, second Deputy Reeve, etc. r e j. j a \ R. 8. 0. c. 174, Sched. A. (89 V. c. 5, bched. A.) SCHEDULE 1882-3. MUNICIPAL INSTITUTIONS. Chap. 18. SCHEDULE B. {Sectiom 125 and 145.) Directions for the Guidance of Voters in Voting. The voter will go into one of the compnrtments, and with tlie pencil provided in the compartment, place a cross, thus X , on the right hand side, opposite the name or names of the ciimlidate or candiilatcs for whom he votis, or at any other place within the division which contains the name or names of such caudidate or candidates (43 V. c. 24, s. 4). The voter will then fold up the ballot paper so as to shew the name or mitials of the Deputy lleturiiiiif,' Otlicer (or Returnin-j Otfioi-r. as the case may be), sifjued on the back, and leaving' the compartment will, without shewing the front of the jmper to any person, deliver such ballot so lolded to the Deputy lletnruiiig Officer (or lieturniug Officer, as the case may be) and forthwith quit the pollmg place. If the voter inadvertently spoils a ballot paper, he may return it to the Deputy Returning Officer (or Returniug Officer, as the caxe may be), who will, if satisfied of such inadvertence, give him another ballot paper. If the voter 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 wliich he may afterwards be identified, his ballot paper will be void, and will not bo 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 officer, he will be subject to imprisonment for any term not exceeding six months, with or without hard labour. In the following forms of Ballot Paper, given for iUustration, the Can- didates are, for Mayor, Jacob Thompson and Robsrt Walker; for Beeve, John Brown and Geokgk Robinson ; for Deputy Beeve, Jacob Armour and Zachary Boyd; and for Councillors, John Bull, Moegan Jonks, Allistkr McAllister and Patrick O'Connell ; and the elector has marked the first paper in favour of Jacob Thompson for Mayor, George Robinson for Beeve, and Zachary Boyd /or Deputy Beeve, and has marked the second paper in favour of John Bull and Patrick O'Connell for Councillors : — 245 i: Election 246 Chap. iJi MUNICIPAL INSTITUTIONS. 46 Vic. ^^(5 J5^ -0> o H a s o O a, o 'A e c » 13 00 5! "i "-I a> 3 ho a 3 1^ o 'A cj 1-5 O I THOxMPSON. Jacob Tlumipson, of the Town of liarrie, Merchant. WALKER. JJobert Walker, of tlie Town of Harrio, I'liysiciiiii. ft; 8 miowN. .Tdlm Ib-dvvn, of the Town of Bailie, Merchant. K0BIN80N. (loorge Itohinson, of the Town of liarrii!. Merchant. ARMOUR. Jacol) A onr, of the Town of Barrie, I'linipiiiaker. BOYD. Zadiary Boyd, of the Town of Barrie, Tinsmith, X X X c to BULL. y Z!^ .John Bull, of the Town of A 3 Biirrie, Butcher. 1 = JONES. 2 ^ Morgan Jones, of the Town of ''-> Barrie, Grocer. o X. . QC ^ U-. « s o >, o f. S McAllister. ■u P C ft^ e AUister McAllister, of the ^ 1 a i> ^ Town of Barrie, Tailor. -4^ u 1 -"S _x O'CONNELL. V * g P 13 X ■■s s Patrick O'Connell, of the Town x\ ^ ^ m of Barrie, Milkman. 1 w ■R. S. 0. c. 174, Hched. B. (38 V. c. 28, Sched. B. ; 40 V. c. 7, Sched. A. (187).) SCHEDULE 1882-3. ^ ^*> Ph ■^ r> o H w U ^ tf si 8 t- H , r— 1 U) o SO IIh tH w w p. Q o n I— 1 o •1 K T— ( a o GO 7J fN 5^, T— ( a; 00 t> pIH Q "40 H « n J»> CO H H O > Ed H w o s O MUNiriPAL INSTITUTIONS. Chap. 18. ft • •8jo[[ioiino3 •9A9a}^ putJ joXtij^ •matuu JO •pauiJifjB JO H.ioA\<;5 ' •suoi^oatqo •J9?0A JO 80U3pi89}Y •UOg BjjaUIJ'BJI JO ?uim3j^ 'japjcnj -asuoy 'J3p[()t|aaj^^ •aioA o^ paj^i^ua B] ja^oA am no'jUA jo^oarlsajuiAVafl ■ojjj JO uoi;d!JOBa(j VOTERS. THE O '-A • •pa^oA RBij ja^oA aij^ IBqi Sui^tJOtpui j^jBiu joj uuinioQ 1 247 I % e a *S o © - 'a; M a s> e e« B S 3 > « O ■* W 1 '^ I d « a ns JS a « c ^c ^^ - •« 1 s. *« as » S a ^ ■■« < u * a o 'Z SCHEDULE i1 1 1 sll' 248 \ a Chap. 18. MUNICIPAL INSTITUTIONS. SCHEDULE D. 46 Vic. (Section 184.) CkRTIFICATE as to A88ESBMENT RoLL. Election to the Municipal Council of the f IH I, A. B. , Clerk of tlie'iMunicipality of , in the County of do hereby certify that the AsseBBmeiit roll t.)r tins Township (or as the case may he)oi upon which the voters list t'. be used at this flection is based, was returned to me by the Assessor for said Township (or an the vase maij he) on the "ay ol , 18 , and tliat ilio same was hnally revised and cor- day of , 18 . day of ^^^ a' u Clerk. R. S. 0. c. 174, Schecl D. (40 V. c. 12, Sched. B.) rected on the Dated this SCHEDULE E. (Section 148.) Form of Declaration or Inability to Read, &c. I A B oi , being numbered on the voters' list, for polling subdivision No. , in the City (or as the case may he) of and County of , being a legally qualified eU-ctor h.r tlie said City (or as the ca.se may be) of , do hereby declare that I am unable to read (or that I am from r,hy8',cal incapacity unable to mark a voting iiaper, a, the case may be). (J. B. His X mark.) The day of , A.D. 18 . „ « , i -n. \ K. S. 0. c. 174, Sched. E. (38 V. c. 28, Sched. D.) SCHEDULE F. (Section 148.) Form of Attestation Clause to be Written upon or Annexed to the Declaration of Inability to Read, &o. I, C -D., the undersigned, being the Deputy Returning Officer for poU- ing subdivision No. , for the City (or as the case may be) of , do btrebv certify that the above {or as the case may be) declaration, having been first read to the above-named A. B., was signed by him in my pre- sence with his mark. (Signed) v. V., Deputy Returning Officer for Polling Sub- division No. , in the City (or as the case may be) of , A.D. 18 Dated this day of R. S. 0. c. 174, Sched. F. (38 V. c. 28, Sched. E.) SCHEDULE mMiiHi 1882-3. MUNICIPAL INSTITUTIONS. SCHEDULE G. Chap. 18. 249 (Sectiom 154, 817 aiul 818.) Oath of Dkputv Returning Officer aftkr thk Closino of the Poll. I, C, I)., the iinderHianed Deputy Ufturniiip; Otliotr lor polling sub- division No. , of tlib City ((>/• an the cnjte imiij be) of , in tlie County of , do 8(>if>miily swoar (or if he in a poaon permitted h'j law to affirm, do soleiuuly atliriii) that to tlie best of luy kuowlodf^e tlie an- uoxed voteis' list UMcd in and lor the niiid p dlinj,' subdivision No. of the Haiil City (or an the eAt.ie muij be.), was so used in the manner prescribed by law, and that the emries required by law to bo maile therein were oor- reolly made. (Signed) 0. D., Deputy Ileturning Officer. Sworn (or affirmed) before me at A.D. 18 - this day of (Siyned) X. Y., Justice of the Peace. Or A. B., Clerk of the Municipality of is to be aunejced to the voters' Hat used at tlie K. S. 0. c. 174, Sched. G. (38 V. c. 28, Sched. F.) NoTK. — The foregoing oath election. . i; SCHEDULE H. {Section 169.) Form of Statutory Declaration of Secrecy. I, A. B , solemnly promise and declare tliat 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 wlio 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 day of , A.D. 18 . C. D., Justice of the Peace (or Clerk of the Municipality of ). R. S. 0. c. 174, Sched. H. (38 V. c. 28, Sched. G.) SCHEDULE 250 II CJvcto Chap. 18. MUNICIPAL INSTITUTIONS. SCHEDULE J. {Seci'wn 2U0.) Form of Ballot Paper. 40 Vic. ^m^ . St m^ ^: ^m^ i ^^^ - fe^^ • Ha m^ '■ tb^ ^:^i ^^m .St g fe^ FOR The By-law. AGAINST The By-law. R. S. 0. c. 174, Sched. J. (39 V. c. 35, Scked. A.) SCHEDULE K. (Sedium 299 and 801.) I, the undevmuned A. B., Rolpinnly declare that I am a ratepayer of the Township (or as ihc caxe may hv) of (//..• Munidpalify (he. Council of winch provoked flu: l„i-lan), and tlmt I am desirous of pro.notins,' (or opposing;, as tlieca.se may be) tlw pasriuR of tlie liy-law to ihere insert object of the by-law), Bubmitted to the Gounod of said Township {or as the case may be). {Signature) Made and declared before me this day of , A.D. a D., Head of MunicipaHly. A.B. R. S. 0. c. 174, Sched. K. (81) V. c. 35, Sched. B.) SCHEDULE L. • {Section 308.) Directions foe the Guidance of Voters in Voting. Tlie voter will go into one of the coinpartrapnts, and with the pencil provided in the coinpariment, place a cror.s (thus X ) on the right hand sk e, in the upper space if ho vot^s for the passing' of the by-law, and m the lowi r space if lie voles agninst the passing of the by-law. The voter will then fold m. the I'hU .t paper so as to shew the name or initials of the Deputy lleturning Officer (or Ketarning Officer, as tkexase muu be) signed on the back, and leaving th« compartment will, without shewing the front of the paper to any person, dehver such ballot so " folded il e, le or at so ed 1882-.'). MUNICIPAL INSTITUTIONS. Chap. 18. 251 folded to the Deputy Returning Oflioor (or Returning Oftloer, as the cane may Ix) ivnd loitliwiili (jiiit tlic pDlliiiK phicn. JI tlio viitir miiilvcrtfiitly up' lis ii liilh't piip.'r, lin tnav rotmn U to tlie Deputy 111 turnins,' Otlioer (or lloturnint; Otliocr, d.i tin- ca.sc mmj Im'), who will, il Hiitisfied of hucIi iniulvertcncp, give liiiu luiotlior builot piipi«r. II' tli« vott r |»1hc(h on the paper unuo tlian one luiii k, or pliices any uiaik on iii(! paper liy wliich lie miiy ho ittterwards iileiitiliuil, Lis ballot paper will bi- vdIiI, und will not be onuiited. If the viiter takeH a ballot paper out of (lie pnllitig place, or ^..iposits in the hiillot hiix liny otlier pancr than tlie one (.-iveu to liini by the Deputy Reluming Ollicer (nr UctiirniiiK Ollicer, ax tin' cohc vtmj bv), he will be subject to ini|,ris(iniueut for any term not exceodiuj,' six mouths, with or witiiout bard labonr. In till' fiilliiirinij fiiini of lldllof Paper, (jitH'ii for ilhtntnitinn, the Elector has marked his Ixillnl piqn'r I'u favinir of the iMnninij of the liy-law : — ^ a O I* — FOR The By-law. X AGAINST The Bylaw. E. S. O. c. 174, Sched. L. (.SO V. c. 35, Sched. C.) SCHEDULE M. (Sec e) of (and the voting on wliich has been appointed for this day), I will not attempt in any way whatsoever ur lawfully to as- certain the manner in which any elector sh.vll vote or lias voted, and will not in any way whatsoever aid in the unlawful discovery of the same ; and I will keep secret all knowled-^e which may come to me, of in which any elector has voted. Made and declared before me at , A.D. 18 . a D., Justice of the Peace {or Clerk of the Municipality of , this the manner day of ). R. S. O. c. 174, Sched. M. (39 V. c. 35, Sched. D.) m in. It A \li 1 R. d.C Sec. 10 11 12 W 14 15 It) 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 3(i 37 38 39 40 41 42 43 44 A TABLE SHEWING THE ACTS AND PARTS OF ACTS Of the Legislative Assembly of the Province of Ontario, contained in "THE CONSOLIDATED MUNICIPAL ACT, 1883," 46 Victoria, Cap. 18. R.d.O C.174. CONSOLI- UATKIJ IN 46 V. C. 18. R. S. 0. c. 174, Cimlinui'ii. CONSOLI- OATKl) IN 46 V. C. 18. Sec. Sub-s. Sec. Sub-s. Sec. 1 Sub-s. Sec. Sub-8. 1 2 1 2 45 46 47 48 49 50 51 52 m 54 55 66 57 58 59 60 61 62 63 64 65 66 1 67 68 69 70 71 'a 73 74 75 76 77 78 3 48 49 50 h 52 53 54 55 56 57 58 59 60 61 62 63 64 65 06 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 3 3 ' Iiiciu.'ling'29-;J0 v. c. 51, ss. 52, 53, 55. 4 4 5 7 8 1 n 6 7 8 9 9 ' 1 10 10 11 12 13 14 15 17 18 19 20 21 22 25 20 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 11 12 13 . . . . 14 15 16 17 18 19 20 21 22 23 '.'.'.'.v. 24 1 2 25 26 27 28 29 :■■■■ ■■■ 30 31 32 33 34 . 35 36 37 38 79 80 81 82 83 84 85 39 40 41 42 43 44 IW (al I M 254 ACTS AND PARTS OF ACTS CONTAINED IN THE CONSOLIDATED MUNICIPAL ACT, 1883. 255 R. S. 0. c. 174, Continued. Sec. Sub-8, 222 22:1 224 22-) 226 227 2-'8 229 230 231 232 2;{:5 234 235 231) 237 238 23!) 240 241 2J2 243 244 245 246 247 248 249 250 251 2.')2 253 254 255 256 257 258 2.".9 260 261 2()2 263 204 265 266 267 268 2<>9 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 '1x7 288 2S9 CONSOLI- UATKI) IN 46 V. c. 18. Including 29-30 V. c, 51, S3. 187, 188. Sec. Sub-8. 228 2-.'9 2.i0 231 232 233 234 235 236 237 2.38 239 241) 241 212 243 244 245 246 247 248 249 250 251 252 253 254 255 2rr, 2.57 258 259 260 261 262 263 265 266 267 26.S 269 270 271 272 273 274 275 276 277 278 279 280 281 21^2 >2S3 284 •285 287 288 289 29() 291 292 293 294 295 296 297 R. S. 0. 0. 174, Continued. Sec. Sub-s. CONSOM- D.VTKU IN 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 46 V. c. 18. Sec. Sub-s. 319 ..,^{ Repealed by 42 V". c. 31, s. 9, now c liepealed by 44 V. 320 -i c. 24, .s. 32, which was MiiidM in ,se.s- sion ol 46 v., now 321 322 ,321 3-4 325 326 3:'7 328 329 330 1 2 1 ^ Repealed by 42 "V. 5 f c. 31, s. 10. 6 a b c d] Repealed by 42 V. el c. 31, s. 11, now 331 a h "f 332 1 Repealed by 42 V. c. 31, s. 12. /'jRei)ealed and new N ' I suli-8. substituted ( by 42 V. c. 31, g. i ( 13, now. I j \ >332 343 344 256 ACTS AND PARTS OF ACTS CONTAINED IN R. S. 0. C. 174, Continued. Sec. |Sub-8. 333 334 335 331) 337 3:(8 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 35G 357 358 359 3()0 361 362 363 364 365 366 367 368 3ii9 370 371 372 ?73 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 CONSOLI- DATEO IN 46 V. 0. 18. Sec. Sub-8, 346 347 348 349 350 351 352 359 360 361 362 363 364 365 366 367 368 Repealed and new■^ section substit'd \-},ff;j in session of 46 j v., now \J ■ Repealed and new section substit'd in session of 46 v., now >370 Repealed and new section substit'd by 44 V. c. 24, s. 8, now Repealed and new ' s. substituted, by I 45 V. c. 23, s. 3 >410 E. 8. 0. C. 174, 1 Continued. Sec. Sub-8, 390 391 392 3ij3 394 395 .396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 4 -5 426 427 4-'8 429 430 431 432 433 434 435 43(i 437 438 439 440 441 442 443 444 445 446 447 448 449 I 450 I 451 Consoli- dated IN 46 V. C. 18. Sec. Sub-8. inciudin^' 29-30 V. c. 51, as. 218,219. 411 412 413 414 Ul5 '416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 4l8 449 450 451 453 454 455 456 457 458 459 460 461 Repealed and new sub-8. substituted by 44 V. c. 24, s. li), now ■■■( 'inciudins 29-30 V, I • • • ■ t I c. 51, s. 409. Including 20-30 V, I c. 51, SB. 414, 415. THE CONSOLIDATED MUNICIPAL ACT, 1883. 257 R. S. 0. 0. 174, Continued. Sec. 432 453 454 Sub-H. 453 4oG 457 458 4:)9 400 6 7 8 9 10 11 12 13 114 115 16 17 18 a b 461 1 2 3 4 i' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Il8 1 19 120 21 22 23 24 1 25 20 ■27 28 29 30 31 32 CONHOLI- DATKl) IN M V. c. 18. Sec. &c43 V. c. 31,8.15 480 481 482 Sul.-s. Amended by 42 V. c. 31, s. 19, sub- 1 sec. 1. } 485 480 487 488 489 482 3 9 10 11 12 13 14 15 17 18 19 20 21 22 2,S 24 I 490 R. S. 0. c. 174, Continued. Sec. iSub-s, 461 402 403 404 465 466 17 1 2 1' ^ i 4 ! 5 7 8 9 1 11 1 12 13 14 15 18 19 20 21 22 10 23 24 25 20 27 28 29 30 31 32 33 34 35 33 34 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 15 il6 il7 18 19 20 121 22 23 24 25 20 27 28 29 30 31 32 33 34 35 30 37 138 '39 1 40 41 CON'SOLI- DATKD IN 46 V. c. 18. Sec. Sub-s. Kepealed and new .sub-s. substituted by 43 V. 0. 24, s. 13, now 490 491 492 493 495 Rejtealed :uul new sub-.-i. substituted by 44 V. c. 24, s. 11, now Kei)ealed and new sub s. substituted by 44 V. c. 24, s. 13, now 30 37 38 I 496 i 503 490 8 9 10 1 1 2 3 4 5 I 10 11 13 12 I 4 ! 9 10 11 1- 14 15 10 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ACTS AND PARTS OF ACTS CONTAINED IN I THE CONSOLIDATED MUNICIPAL ACT, 1883. R. 8. 0. C. 174 Continued. CONSOLI- OATKn IN Sec. Sub-K .W2 MS 2 i i i •<:m 1 538 .5:«» ■■•{ jKopealed and new Bection substit'd in seHsion of 40 v., now r)4() 541 r.4'.i 54.3 544 545 54t; / Kepe.aled and new ' section suhstit'd j ))y 44 V, c, 24, a. \ 22, now 547 1 548 540 550 .551 1 2 3 4 r.art 552 553 554 Effete. .555 556 557 558 55!) .500 .5fi1 .502 .503 .504 505 500 .507 508 509 570 .571 .57? 573 574 575 57(i 577 578 570 .580 .581 .5851 583 584 1 585 586 587 588 4fi V. 0. 18. Sec. 574 575 570 .577 578 579 Sub-s. I,: 580 I ,-,81 .■).S2 583 584 587 I, .5;)0 I 591 593 594 595 596 597 012 024 490 625 026 628 629 630 632 633 034 035 030 037 638 639 640 641 042 643 644 645 646 047 048 649 650 651 052 653 054 655 656 657 658 1 2 (i 7 8 4e 3 44 R. S. 0, C. 174, (■'unthtuid. Sec. Sub-s. 589 .59(1 .591 592 593 .594 595 590 597 Sch. A ]} C D E E G H .J K L M 41 V. c. 3. 1 I .... 41 V. C. 8. 19 I 41 V. 0. 9. 41 V. C. 11. 1 I... . 42 V. C. 8. Consoli- dated IN See. .See. 42 V. 7 C. 24. 42 V. 2 C. 31. 4 5 6 7 8 9 10 259 46 V. 0. 18. Sec. (),59 000 001 602 003 064 005 6()0 667 Sch. Sub-i A B C D E F G H J K L M 466 146 509 529 509 279 177 109 110 112 116 253 ; 2 331 I 342 3 I 6 l"'' I ;?«#»(««*•' 260 ACTS AND PARTS OF ACTS CONTAINED IN m 1 1 42 V. c. 31, Continued. \ CONSOLI- OATKl) IN 46 V. c. 18. «3 V. 0. 20. Consoli- dated IN 46 V. 0. 18. Sec. Sub-s. Seo. 342 344 414 421 405 j 469 471 482 503 618 490 286 1 345 570 572 583 .521 484 482 523 509 69 73 145 220 264 294 433 469 (465 1469 470 495 ( Sch 3ub-8. Sec. . 3ub-8. Sec. 520 612 612 619 620 6il 622 ! 322 631 521 482 478 4ub-s. 11 6d 2 20 4 5 6 7 8 6 6 2 1 7 8 10 b 1 2 2 3 4 5 3 edule 1 2 3 Effete. l:J 14 15 16 43 V. c. 26, 17 2 18 19 1 2 Amenda (1 1 1 1 <( 43 V. c. 27. (( 20 21 22 1 10 11 12 13 14 16 17 21 1 i 2 3 4 5 6 2 1 Part* .*..'.'.'.'!. '..'!!!'. 5 23 24 25 .•*... ..,.{ Repealed by 44 V. c. 24, s. 23. Effete. Sec Effete. Sec 2 3 4 26 5 27 28 6 '.'..'.'...'.'.. '.'.'.See'.'. 29 30 31 1 2 4 34 35 6 Sec. 43 V. c. 6. 43 V. 15 C. 31. 2 «V. 2 C. 24. 1 a 1 43 V. 5 C. 36. 3 4 44 V. c, 24. 5 G 1 8 9 1 144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 i 21 1.54 154 171 280 346 347 377 459 461 (496 549 566 .567 572 I' 10 3 11 2 12 13 1 3 2 14 15 496 146 514 ! 4 16 5 17 18 494 530 472 452 196 268 574 490 .511 463 1 43 2 3 2 6 2 i 2 7 22 19 47 20 48 21 22 1 1 2 2 23 24 1 2 3 27 i 2 ^\ \ THE CONSOLIDATKD MUNICIPAL ACT, 1883. 261 44V.C. 24. CdntiniteU, CONHpLI. DATKl) IN 1 46 V. 0. 18. 46 V. 0. 24. CONHOI.I- DATKI) IN 4«V C. 18. Sec. Sub-H i Sec. Sub-s. Hec. Hwl)-s. Hec. Siil).g. 22 rm (441 \ 445 .'■.04 431 409 ( 353 { 354 1.355 356 .357 358 ( 332 } .3,36 ( .333 t 336 408 J502 24 490 8 17 16 2 50 4a b 1 2 2 2 16 11 49 1 1 2 3 1 2 3 4 1 7 8 9 10 11 1 1 2 1 2 1 2 'J 5 6 i 4 45 V. c. 27. 3 .... Not Consolidated. 6 7 1 1 si 9 1 46 V. c. 17. 1 2 1 3 10 11 12 13 ■i Amends E. S. 0. c. 174, ss. 470, 471. Repeals R. S. 0. c. 174, 8. 467 (13). (14). (15). 14 15 16 1 46 V. ( 14 3.21. f 1 ...4 17 ; 1 U 1 262 NEW SECTIONS IN CONSOLIDATED MUNICIPAL ACT, 1883. NEW SECTIONS INTRODUCED IN THE SESSION OF 46 VICTORIA. Section. Sub-section. Section. Sub-Hoction. 16 573 23 680 73 682 2 143 3 162 3 4 4 688 58!> j 1 613 614 $ 61.5 16.3 616 104 617 272 2 622 3 321 623 36t» 668 370 • See also 46 V. c. 17, and 46 V. c. 21, page 261. INDEX Abhknc'E— Pa.c,k Soo Municipal Officebh and Electionh. Accounts — See Finance ly^ AcTiOx^ — For (lamayoa caused by neglect to keep roads in repair 188 Limitation of j^w None to be brought for mistakes in opening road allowances 193 Adjoitknmknt — Of meeting of Municipal Council 70 AoENTS — See Ei.ErTioNS. V(jting on by-laws— to bo appointed by head of Municipality 94 Declaration by — form of <)4 To produce authority before admission to polling place 94 Provision for absence of 04 May V(jto where engaged as 05 Certificate to entitle same 05 AORICULTURAL A.S.SOCIATIONH— By-laws for granting aid to 140 Aldekmen — Three for each ward 25 Property qualification of .'.'.'.",*.'.'.'.'.".'.*.".'...".'.'.'.".".".'.'.' 27 May resign — when (;3 Declaration of (lualitication of 85 " of office of g(j " before whom to bo made 87 May administer oaths and declarations 87 Penalty for refusing to accept otKco or make the necessary declarations 87 To be a Justice of the Peace e.c uffirio 129 After having taken declaration as Alderman no other qualification required... 130 AlGOMA, Mu.SKOKA, rAKRV SoUNI), Nli'ISSINd AND ThUNDER BaV— Act respecting, not affected 240 Almshouses — • By-laws for establishing and regulating , 179 Amhekstrurg — Act respecting, not affected 239 Amusement (Places of) — By-laws for regulating and licensing lOi Animals — By-laws for preventing cruelty to 158 for restraining :uid regulating the nuuiing at largo of 102 " for regulating the buying and sellinsr of 1 177 204 INDKX. Annexation— Paoc Of Villaijos ami Towns to adjacont Villages, Towns or Cities— when and how. 11 ANTii'Il'VTOltV Al'I'KoI'HlATION — Provisionp rospectinf^ , 11(3 Sou Hv-] AWH. Akuitkations — Apftitinfmint nf Arliitm'orn, . In writint,', uiulor hands of aijpointers 121 In caso of C()r|)oratiiin8 — under tlie C(jrp()rato Seal and authenticated as a Uy-law 121 To be ajipointod hy the Council ''21 or the head thereof if authorized Hy-law 1*21 Notice of ajjpointnient to he given to the head of the Corporation 121 Either party may a[)point 121 The arbitrators to appoint a third 122 When more than two IVIiinicipalities interested 122 Lieutenant-Governor in Council may ai)point, in case of neglect to appoint.... 122 When real property is taken or injured 122 (1) When owner ajipoints an arl)itrator 122 (2) When owner does not ai)point an arbitrator 122 In case several jjersons have distinct interests in the property 123 In default County tfudgo may appoint an arbitrator in certain cases 123 Award to be made within one month after appointment of third arbitrator .... 123 Corporation otticers diB(|Ualitied from acting as arbitrators 123 I'mccdure. Arbitrators to be sworn 124 Form of oath 124 Time of meeting 124 may adjourn from time to time 124 Award to be made in writing 124 One copy to bo tiled with Clerk 124 If it relates to drainage works, one copy to be registered 124 Costs in discretion of arbitrators 124 may be taxed and revised 124 A majority to decide 124 Notes of evidence to bo taken — when 125 To be tiled with Clerk together with documents 126 If arbitrators act on their own knowledge or skill, they are to stiite same 125 Award to be adopted by by-law in certain cases 125 Award to be under the hands of all or two of the arbitrators 125 To be subject to jurisdiction of High Court of .Justice 125 Powers of the Court 125 May bo referred back as provided by the " Connnon Law Procedure Act " 125 Arbitrators — Persons disqualiticd to act as 123 See Arbitration — Bv-Laws— and Local I.MritovKMKXTs. Area — Of new Towns and Villages (i Enlargement of — Towns and Villages (5 Cities and Towns 11 Mode of reckoning 6 Reducing area of existing Villages and Towns — when and how made 8 Arrest — Without warrant for alleged breach of the peace 138 Arts' Associations — By-laws for granting aid to 14!) A A A A A A A A' B; B> Ba Ba Ba INDEX. 205 Ahhkn — nit ■ Pa(ik lly-Iaws for ro«uIatiiig tho romoval ami koopinu of im Hogulations respecting in Police Villages !!!!!!!!!!!!!! 2:\S ASHKMHMKNT — For Local Iniprovomonts 205 ConipiiiiiitH at,'ainat to bo tried at Court of Re'vi'siVm"!!!!!!!!!!! 2o'« tvourt of Revision to bo constituted in same manner and have the sai.i , , : ".vurs as under " Tlie Asaeasmont Act " 2OO Copy of Roll to be transmitted t ona Appeal to (.'ounty .Fudge Tu^, Power of County Judge on npi)eal ..'.........."."!!!!!!.'.'.*!!."!!.'.".'.' '"ofl Variations in Roll on complaint or appeal— how to be made!!!!"]!!! ">07 Hy-law to bo amended if assessment altered on complaint or anneal....!!!.!""! 208 *<>rrepau-8 to works paid for out of Oeneral Funds •>14 Compla.nts ag.ainst assoasment under By-law of County passed oil application " ;'f Muior Municipality to be lodged with County Clerk 217 *or Local Improvements in Cities, Towns and Villagea ""!!"" 221 Appeal as in cases of ordinary assessment ..'.",.' 221 An o(|uitablo asaeasmont may be made in certain cases .!!!!!!!!!!!!!!!!!""!"'! 223 ^00 JU-JjAivsand L()CAi, Lmpkovemkxts, .^^y AWHESSN .N'^CoMMIsVlONEUS-^ ~ ■ - SOO MUNICIPAI, OfvK'EKS. Assessment Roll— When to bo considered tinally revised and corrected 47 ASSESHOKS — See Municipal Officers. AUCTIONEEKS — By-laws for regulating and licensing 1<34 Audit — Provisions relating tu , go Auditors — See Municipal Officers. Avenues — By-laws for ac(|uiring , , jgy Award — Time within which it must be made i.jo To be in writing !!!!!!! 194 See AiuiiTRATioN. Bagatelle Tables— By-laws respecting j.„ Bailiff — See HiOH Bailiff joi; Ballot Boxes — See Elections. Ballot Papers — For voting on By-laws q. See Elections. Bankers — Municipal Council not to act as 128 Ml 266 INDEX. Bathing — Paob By-laws for preventing and regulating 101 Bays — By-laws respecting • 148 Beacons — By-laws respecting 141) Bbgoino — By-laws for preventing 167 Behs — By-laws respecting ringing of 167 BiLLiAKD Tables— By-laws for licensing and regulating 156 Bills of Mortality — . By-laws for keeping and returning 168 " for imposing penalties for default 168 Birds— By-laws for preventing the destruction of 158 Blasphemy — By-laws for preventing 161 Board of Audit — Appointment of members of 182 Board of Assessors — ' See Municipal Officers. Boilers — By-laws for regulating 169 Bonuses— See Manufactories and Railways. Booms — By-laws for protecting and regulating 182 ItOUNDAillES — By-laws for ascertaining and establisliing 161 May be maintained by County Council l.St) Bowling Alleys — By-laws for regulating and licensing 161 Bread — By-laws respecting 153 " for regulating assize of 178 " for seizing bread made contrary toby-law 178 Bribery — See Corrupt Practices. Bridge Companies — By-laws for granting pri ^leges to 195 Bridges — By-laws respecting 150 Possession of, in Municipality 187 INDKX. 207 BniDOEH—Contimied. ' P\ok Under juiiadictioii of County, may be assumed by Village 1^7 Village to be liable for repairs ^^^^ Belonging to Dominion, not to be interfered with "w""thourcVmsenroF Dominion (irovernment n^ By-laws for aiding adjoining Munit pality to open and 'maintain!!!!!!!!!!.'.'.'.'.".'.*.' lit? for making, repairing, etc 1<);) ,'! by County for aiding .Municipalities within tlie County in m'akii'i.'/'ctc! 200 by Townships, for aiding County and adjoining County in making, etc. 201 >See HiuiiWAYs and Roau.s. Buildings — By-laws for erecting and selling 14g " for regulating doors, stairs, etc., in Public Buiidi'ngs'!!!!!!!!!!!!!!!!!!"! lol " to comi)el plans to be furnished ^. 171 for regulating the erection and construction of !!.!!!!!!!!!!! 170 Burning Stump.s, etc. — By-laws for regulating j^gj) Butchers — By-laws for regulating ^7^ By-Laws — Council may repeal, alter and amend, except as restrained by law 91 How to be authenticated 01 Certified copy of, may be used in evidence !!!!!.!!!!!!!!! 1)2 By-laws reciuiring assent of Lieutenant-Governor, how to be authenticated"!!! 02 Objections to by ratepayers, how to be made 92 when by-laws shall not pass 02 Fating on. If assent of electors re(iuired 5)3 By-law shall tix time and place of voting !!!!!!!!!!!!!!!!!!!!!!!!!! !)3 shall be published !,.!!!!!!!!!! 93 with notice signed by Clerk !!.!..!! 93 what notice shall state !!!!!!!!'!!!!!!!!!!! 93 Ballot papers to be printed !!!!!!!!!!!!!!!!!.!!!!!!!!!!! 94 Form of !!!!!!!!!!!!!!!!!!!!!! 94 Day for attending at polling places and summing up votes t(j be appointe'(i'!!!! !)4 Appointment of agents by head of the Municipality 94 To make declaration 04 Form of ,.„ 04 Agents to [n-oduce authority before admission to polling place..!..!.!!!!!.!!!!!!!! 94 Provision for absence of agent !!!!!!!! 94 Who may be present in jDolling place !!!!!!!!!!!!!!!!!!! 94 Deputy Returning Officers, Poll Clerka'and agents, if (lualified! I'liiiy v'dte'w'here engiiged •; q,- Certificate to entitle same 05 Who may administer oath to Deputy Returning Officer !!!!!!!!.!!!!!!!!!!!!!! 93 In Municipalities divided into wards, Clerk t(j furnish Deinity Retuniin-*' Officers with voters' lists ° 05 In Municipalitit'S not divided into wards. Clerk shall perfonn'du'ti'es 'of election for whole Municipality 05 The Poll. When to be held ,„; Votes to be !)y ballot , !.!!'!!!!!!.!!!!!!!!!!! iu; Proceedings at Municipal Election provided for in sections f"ro'm"i"l9"t'o'i'7r)"t'o apply 0(1 Form of directions for guidance of voters OO INDEX. By-Laws — Continued. Page Who may vote on By-laws 1)6 Freeholders i)6 In case of new Municipality 96 Form .if oath of '. 07 Leaseholders 96 For local improvements under section 620 97 Form of oath of 99 Li case of new Municipality 97 Form of oath of 98 Unmarried women and widows may vote if (|ualitied 97 No en(iuirie3 to be made of voter except as to facts specified in oath 99 Statement to bo made by Deputy Returning Otticer at close of poll 99 What it shall contain 99 Objections to ballots 99 To be noted and numbered 99 Duties of Deputy Returning Officer after votes are counted 100 Deputy Returning Officer to — Certify on voters" list number of jiorsons who have voted 100 Make declaration as to use of voters' list— Form of 100 Give certificates of state of poll 100 Return ballot box to Clerk 100 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 two-fifths of ratepayers — what 101 Clerk to certify respecting 101 Disputes may be determined by County Judge 101 Who may petition the Judge 101 Secrecy oj Proceedings. To be maintained at the polling 101 Voters not to be interfered with 101 No information to be given as to how any one voted 102 To be maintained at counting ballots 1("~' Voters not to be induced to disclose how they voted 102 Penalty for contravention 102 Declaration of secrecy • ^0'„ Before whom to be made 102 Form of 102 Scndiny. May be obtained on petition to the County Judge ... 102 Security required 102 Time and place for, to bo appointed lO'-i Notice to be given 102 Clerk to attend with ballot papers 103 Proceedings upon • ■•• _ 103 Judge to have same powers as up.jn the trial of validity of a Mu'^ icipal P'lec- tion 103 Costs in discretion of Judge 103 Council shall not pass the by-law until after the petition is disposed of 103 " shall pass by-law t(j which the electors have assented, withi.i six weeks. 103 CoHfirmatiou fif Ihj-laira. Promulgation of, to be by publication in the public press 103 Notice to be appended 104 Form of notice 10 i To be valid if no application be made to ([uash it, within three months from third publication 104 i ( INDEX. 2(i0 By -Lav/ s—Contimied. Page Qnasldng By-laws. Proceedings to (juash by-law i q^ Who may apply ..'."......,.... ..,..'.".'.,',".. ."..'.'.'. .".'.".'..., 104 What applicant must show .'........,. 104 Copy of by-law to be produced ••.........,.....,..........'...'... 104 Four days' notice of the rule to (juash recjuireil .!..!.!...,...... ,.!! 104 To bo made within one year ...... 105 Except by-laws re(iuiring the assent of the eiectors" which has'not been obtained, wJuch may be made at any tunc . 105 To be made within three months from proniu'gati'oiV.Jf'by-iaw imposing a rate , ^ ' in"* Obtained by bribery, etc ..'!......!!!... 105 Enquiry may be directed to be nr ae before'th'rCounty' Jud^e 105 Uitnesses to be examined orally o a oath " . 105 Evidence taken before County Judge to be returned to tlieHifVh Court of Justice iQg Proceedings thereon 105 Costs in discretion of Judge ', j^qS Proceedings under the by-law' to be stayed after''serv'ice of a copy of'order dlrectlng the enquiry •; ^qo Stay of proceedings may be removed— when .',...". loO Action for illegality to be brought against Cori^ration a,ione ..... . .'.'.'...'. 10() Not to be brought until after by-law has been ijuashed ] 100 And one month's notice of action recjuired 100 Tender of amends 20(' ^"«t^ ••••••■••••••■■i^;:;;';;;;;;';';;;;;.;!:!:!;;::;:!;:";;:::; lod Bii-law.'i Creudiifi LkhU. Council may pass by-laws for borrowing money and levying rates for payment thereof " '■ '' Terms of — To name a day in the tinancial year when it is to take effect Except for creating a debt for Durehase of public works.. To be repayable in twenty ; 3c*rs at furthest If the debt be for gas or water- works to be repayable in thii-tv years at furthest The yearly rate "[ Literest n.i, to exeer.! :,■ e per cent, per annum, to be cap'itaiizedyearl'y.".'. Ihe s})ecin.l rate to >e levied annually on all the ratable property ... «ru ^^/"'i ^"^^' liiiprovomcnts on all property ratable under the By-law...".' What by-law shall recite (unless for work payable by local asaessment) — Amount and object f' '',. t Ani'.unt to be raised annually ,"..,'...... Value of therat?blo property ....",.,. { The amount of existing debt [[ [ ] Amount (if any) in arrear ' Not necessary to recite the debt secured byiocil "assessment "in by-law for borrow .■ .,j on credit of Municipality at large Wjiat by-law for woi-k payable by local assessment shall recite," "amount and obj..' of debt Amount to oe raised an^ ually Value of thf : 'able property "'*.!!.."!^!!!!!!!! ."!!.!!!! "! That the d^'i.; :^- created on security of the special rate orny ....'...'. Principal may be m,-; te repayable in equal annual instalurnts ...... .... . . ' What thc> by-law shall recite Special rates to be a cha j^ on property C-'ollectable as cdinary taxes .... MuRt receive assent of electors ..'.'.......'.. Exceptions — Foj" '•. linage under section 570 For work payable by local assessment ..........'...,. 10(i 107 107 107 107 107 107 107 107 107 107 1'7 107 107 228 108 108 108 108 108 108 108 108 10ft 10<> 10!) *:. INDEX. •l By-Laws— Continued. Page Exceptions — In Counties not exceeding 820, UOO in any one year 109 For erection of Court Houao and olliccs by Cnunty and City united for judicial purposes 109 By County Council^ For extraordinary expenditure not exceeding 820,000 in any one year . . 109 Special meeting to be called 100 Three months' notice to be given 109 Form of m itice 109 Cannot be repealed or altered until debt paid 110 Except as to residue when only part of money raised 110 Council sliall not apply to any other purpose moneys directed to be applied for payment of the debt 110 No Municipal Officer to neglect to carry out liy-law on ground of its repeal by an illegal by law HO Municipal Councils may purchase ])ublic works HO And contract debts to Her Majesty though no special or annual rate settled ; 110 Council may pass liy-law to impose special rate for payment Ill To be valid though the rate be less than is required by sections 342 t Not to be valid unless approved by :. ! iteniuit-Go'ven'iijr'in" Co'iineil ":'.'.'. 117 Atter tlie dissolution of a union thr , Municipality may make, in aid of Junior Municipality I]i7 Offences Against. By whom may be tried _ jo'.t IJU) Rec( ivery of penalties ..'.'......'.'.'." " ' i;jO Witnesses in prosecutions under, wlio competent and comneliable to """ive'evi- dence "" |oj May be compulled to attend 1:3?, Form of conviction y^^', Compliance with may be compelled in a summary manner in certain cases . . 154 (1) OF MUNICIPAL COUNCILS. Ayricultuml AK.tDciatian.'i. For granting; aid to j^q Almshoim's. For establishing and regulating i^g Aniimds. For preventing cruelty to jgg For restraining and regulating the running at large of . . ............ . ". . . . '. 1G2 For granting aid to. Arts A.^sociations. 149 Aslti's. For regulating the removal and keeping of 169 Auctioneers. For regulating and licensing i(;4 Avemies. For acquiring property for jyi^ Bathing. For preventing and regulating jCl Baijs. For jireventing the fouling of, etc 14g For removing obstructions to 148 For maintaining, etc .'. . 140 Bea^'Uts. For granting aid for construction of X4!) Assent of electors re(iuired . , j4<) Security may be taken " . _ ^49 Beyying. For preventing begging Kjy BiUiard and Bayate^ s Tables. For licf using and regulating 156 If^^ %■■ I* 272 By-Laws — Continued. INDEX. Paok Bills of Mortality. For keeping and returning • \^]^ For imposing peiialties for default For preventing the de8tructi(}n of For preventing For regulating Birds. Blasphemy. Boilers. 1()H 158 161 ICO Booms. For protecting and regulating 18- BoiDidaries. For ascertaining and establishing 1^1 Bowling Alleys. For regulating and licensing Bridge Companies. For granting aid to, Ijy taking stock in, lending money to, or granting bonuses to . |^|^ Assent of electors required |^Y For granting privileges to 1()1 105 Bridges. For regulating the driving on For ac(iuiring by Village, bridge under jurisdiction of County Liability of Village for repairs ,•••;• For aiding adjoining Municipalities to construct and maintain For building, repairing, etc 150 187 188 197 190 By County for aiding iMunicipalities within the County in building, etc. . . . 200 By townships for aiding County and adjoining County in building, etc 201 See Hkihway.s and Roao.s. Bread. 153 For seizing and forfeiting, when of light weight For regulating the assize of '■^^ For sei'.ing bread made contrary to by-laws 1«» 148 Buildings. For erecting and disposing of - • ■••••• • • • • .; • • For regulating tiie size and number of doors, etc., in Public Buildings iol For compelling plans to be furnished ■ |71 For regulating the erection and construction of 1< •' Burniiuj Stumps, etc. For regulating Cahs. For regulating and licensing - - • • l^l For regulating fares '■'^^' ^^^ S® Cab Stands. For assigning stands for cabs, etc. For erecting covered booths 172 172 11 i'l ll i ll n f #M INDEX. 273 By-Laws— Ooi(^ui)/p,/. , Coiindn Thlstlns. For preventing uji'uwth of ,. ('iirrimii's. For regulathijT iuid liconaing ...'. j^^j ^^., CaW,!. For i.reveiitiiig or regulating the keeping of j^.^ For relli'(ie.t. bov supporting students at ,,.- For endowin- fellowshii)s ... , ..'l' '■ 1 ((.> r or preventing or regulating ' ,.„ Craiiia. tor erectmg and niiiintaimng y,, For making regulations resijecting |,j, J fi'lit'iitiiri's. i-or guaranteeing by County ,u., .,iw> For erecting and uiuintaiuing . .,, ^''■'• ror coiiipelling the removal of ,-., I>i--r(tin!i (iHt. For app< linting Exlilbitii'ii^. For reuulatin'4 and licensing. . For imposing thies for infringing • • Where and when licenses not to be granteil. For accjuiring lands for Ferries. u: For regulating and licensing . 1.50 108 156 149 1G3 lu'.t, 1(11 .... 159 .... 159 179 179 179 For selling same, when no longer re(iuired For erectiuL; buildings and managing F.t. For endowment of Foicex. For regulating the height, etc. , .f ..... •■ For protecting animals from barbed wire fences ^^^^ For regulating the construction of ' ' 165 1115 158 158 164 n it^*J- m 148 148 149 149 149 149 149 ins 158 151 148 148 151 151 171 172 172 172 181 10)4 BY-LtiVfH— Continued. INDKX. Filth. 276 Paob , 159 For preventing the throwing of, intr. struuts Fincti mill I'iniiUks. F(ir indicting, not exceeding lifty .lollars for — ('(I neglect of duty or refusal to accent ollice . C'l lireach of hy-Iaws . For collecting penaities and costs by'distress l^or i.MprisonaK.nt in default of i.iynient and distress: '. 150 Not loiii^.er than twenty-one days. ... t"o hxcept for breach of City Hy-laws . V^t " for Iveeping h.atso of ill-fame }r|2 161 151 151 f ■ Fill Por rentuig tiro appliances For regulating the burning of stumps F.r preventing or regulating the u.se of,' in stables, shops, etc. Im tor makiui,' provision.s against "^ For in.spi,'Cting prei.ii.ses! 153 159 109 170 For dcmolishin^r louses to prevent spreading i.'f ' '.'. {In r or entorcmg assistance at .. ' ;i" Fin-.iiniu and Flrv-icorh. For preventing the tirinL; of For establishing and regulatim For appointing liremen ... ' Fill Ciimpanicn. 170 1G8 109 1(19 Fvtitijuths. For setting aside i)ortion of highway for .... F'or nup.i.siu.^ penalty for driving oii ...'.".".":..'.'."....'.".' -"^Q'- Frw Libraries. 202 For establishinu ('mnhlimi . ror suppressing ' For .seizing and destroying; devices f(jr ihirihns. For aci|uiring proi)erty for and manairing . For selling same when no longer recpiired . 173 KJl 179 179 nvs. Paok 148 For provonting uncumbering of, etc f^ For removal uf (tl)8tructiou8 r.„ For niaiiitiiiiiiiig For ro^'iilatiiii,' For grantiiij,' aid tn. . . Assent of eU'utor.s ronuiied . Security may bu titieii .... For regulating' vossi'ls arriving in For regulating barbour dues. . . . 140 ... 149 14!> 140 140 140 140 ror reuiiiiiLiii'' Hill '"Mil n.n^o . . i i. tr.i\ B'or granting aid to by taking stock in, lending money, or granting bonuses to. DO //((I'/.V/s. For regulating and licensing Ih'iilth. For providing for Uiijli Srliiiiils. For ac(iuiring property for and aiding Jji? For supporting pujiils at Ili(lhii-iiijn. For rogidating the driving and riding on For oiMjning and making, etc.. across radway lam.s Sec Hi' iiwAY>. lllllSI'.l. For regulating the riding and driving of For preventing horsu-racing For regulating and licensing ■ For granting aid to For numbering For suppresi^ing ... For renting For preveiitiii'.; .... For urantiiig aid ti Hiuiiriillnidl J.s.-iiii'iif/i'oit.s, //oi/.si.s. W(jw,.s'.< uf lll-famc. 1 1 ijd III iit^. Iinpi'rtiiiiinii Traiylli rs. Iiidiijcnl /'i I'.soH.s. liiihi^lriiil Finiiis. For ao'iuiriiig property for ■••••• For selling same when no longer roipiired. For erecting buildings and managing 1 utiJ I itir )iri' Officx. For licensing, regulating, or prohibiting Iniuiiiniil^. For regulating liitii,'-iruii}til I'liids. For i)revcnting sale of, to children, etc Itj4 IfiH 150 151 im .... 1(51 181, 182 140 170 Itfl H)8 150 170 170 17".> 178 IGO Pauh 14« 148 14!» 14!) 14'.) 140 14!) 14!) , 14!» ny bonuses to. ino Itj4 16H Itio 105 150 151 150 Itil ISl, IrtJ 14!) 170 Itil 15:i , H)8 150 170 170 170 178 168 IGO INDK.X. 277 By-Laws — t'outinitnl. !»».,«. I ll.'iflictliut lit I'llloisilltlH, For providiufj; fur " •».. //(.i//(i7()/'.< ()/ Hditui' tif fiidimfrii. For aiipointina " jjjo I ll.'4 Lhihh. For preventing or regulatinjr the u.se of jyy Lwrij Stdlilrn, For regulating and licensing ^j^j jy2 Lural Iiiijyrorrmeid.'^. Hi'V. Lo^ . ^^^ O^ '^^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 I BP" 278 INDEX. Bv-Lawh— Continued. Page Mendicantii. For resiraininf- and punishing 161 Moiinmoits. For erecting, to mark concessions, etc K'^ For preventing 1"'^ Nuisances. For preventing and abating 1^7 Numheriwi Houiscit and Lots. To provide for y^^ Record of numbers to be kept I'l ()ffii:ci'f<. For appointing municipal ofHcers I'l^ Omnilmses. For regulating and licensing 181,182 OruanwiiUd Trees. For removing of '■'^'^ For planting and preserving of "•;••"• V, \'-t Not to be cut down by any ono without permission of the Council loo For preventing the destroying of l^'O ()L^cn■■^. For regulating ^*'^ Faiiy Walh. For regulating the erection of 1^^ Pedlars. For regulating and licensing 1*''* Pirjgeries. For preventing or regulating 1*^7 Folio: For establishing, regulating and maintaining ^"J^ For aiding and assisting superannuati(m and benetit funds 17. i PolU)i(j Suhdirisions. For dividing Municipality into 15*J And establishing polling places 1»" Poor Persons. For granting aid to 1''" Pounds. 1(12 For providing Privy Vaults. For preventing or regulating lj^| For regulating the construction of |;|,| For draining of, etc 1' ^ Pro2)erty. For obtaining, for use of Corporation 148 For selling \zjl For school purposes ^'^' jl II' ■■«■«» W'W'Wt" INDEX. 279 By-Laws — Continued. Page For cemeteries I57 Fur preventing the destroying of ICO For acquiring for exhibitions, parks, etc 179 For selling when no longer reiiuired 179 By Township for ac(iuiring or renting a Town Hall 184 F(jr avenues and sidewalks and increasing width of roads » . . 187 Pvblic Fairs. For authorizing the holding of 1(55 Racing. For preventing 150, 161 Railways. For aiding — by subscribing for stock in, or lending money to, or guarantee- ing payment of money by 230 For guaranteeing payment of debentures by 23). For levying a rate for payment 231 For issuing debentures m aid of 231 For granting bonuses to 231 For issuing debentures to meet bonuses 231 Form of debentures .' 231 Assent of electors necessarj- 231 For authorizing building of railways or tramways on Municipal property .... 231 Resermirs. For establishing 167 Revardif. For ofl'ering, for the .apprehension of criminals I53 For offering, for the conviction of persons guilty of horse stealing 1G3 For granting, to perscms distinguishing themselves at tires 100 Ridi For regulating For preventing riding on cars, etc. )((/. 150 by > iiildren 173 Rimrti. For preventing the fouling of 148 For preventing the obstructing of 148 etc 149 For maintaining, Road Companies. For granting privileges to 195 Roads, For aiding— by taking stock in, lending money or granting bonuses to 150 Assent of electors re()uired 150 For preventing obstructions to I7O For ac(iuiring property to widen 187 For opening or stopping up, and for t.aking lands therefor 194 For opening, etc. , on railway lands 194 For seaiching f By-laws for regulating ami licensing 1^1, 182 Cattle — By-laws for preventing or regulating the keeping of 167 Cellars — By-laws for reiiuiring levels of, to be furnished to Council 171 " for regulating the construction of 171 " for requiring the cleaning of 171 Cemeteries — By-laws for .acquiring iiroperty for lf>7 " for preventing violation of 158 Census — Of Town or Village may be taken under by-laws of Council 10 By-laws for taking 150 Certificates — Of complianse with regulations of Council !)1 See Elections. ^ Charcoal — Regulations of Police Village respecting 238 Charities — By-laws for aiding 150, 174 Charivaries — By-laws for preventing 168 Chief Constable — May be appointed in Cities and Towns having Police Commissioners 137 See Police. Children — By-laws to prevent sale of intoxicating drinks to 160 " " riding on cars, etc., by 172 Chimneys — By-laws respecting 169 Cigars — Regulations of Police Village respecting sm( >king of 237 CIRCU.S RiDINf! — By-laws respecting 159 Cities — Liability of, for maintenance of Court House, etc 143 " to contribute to cost of Court House and Gaol 144 To have a voice in selection of a site 144 Compensation for use of Court House 144 New agreement respecting compensation may be made, when and how.... 144 See New Corporations. INDEX. 28") OtKKK— Pauk See Elections and Mi'nicipal Okkiokii^. Clbkk ok Poi,I(;k Court — Clerk of Municipality to bo, until another appointed H^o When entitled to fees or salary 135 Cleiik ok ihk Pkack — Appointment of, for new Counties 1!^ Copies of voters' lists may he obtained from 4<> Fees for same 40 Cl-OSINO IIOAIIS — See RoAPs. Coal — Weighing of, may be regulated 177 OoiiLKCTOKS — If roll not returned, to prepare and verify on oath list of defaulters in pay- ment of taxes on or before nomination day 42 See Mi'nuii'ai. Ofkickiw. CoLI-KOKS By-laws for siii)i)orting students at Itio " for endowing fellowships ... 105 Commission- To eni^uire respecting linances 120 Powers I' CJ(inuuissi(jner 121 Expenses 121 CoMMITMKNT — See Finks and Pknaltiiw. COMI'KNSATION — F'tr lands taken 15.") For mistakes in opening road allowances 1!)5 C0NHTAH1.ES — Appointment of 137 To be appointed to take charge of Lock-up Houses..... 140 See PoLifE. CONTAOKOUS DiSEASK.S — By-laws for preventing IH The .ludges of the HiLih Court of Justice may make rules 01) Existini,' rules to remain in force until I'escindod or altered Of> Judge to reiiort to Clerk of i\Iunici])ality if candidate or person convicted of corrupt practices 71 Conviction — Form of lo2 Under by laws of Police Commissioners 137 CoRiiwoon — Measurement ol', may be regulated 177 C0K(;NEKS — Appointment of. for new Counties 1!) COKKUPT PkACTICKS — What to ho deemed 09 Giving or lending moAey to voters , (iJ) Procuring otlice, place or employment for voters 0!) Gifts, promises or agreements to inthionce voters 09 Intiuomcing or engaging to inlluence voters 70 Advancing money for the pur])ose of bribery 70 Voter receiving money for vote, ov agreement to vote, before or during election. 70 After the election 70 Hiring teams to convey voters to the polls 70 Undue intluence detined 70 Ex])enses of candidates, vrhat lawful 71 Vim )•()(•(' evidence reiiuired to prove 71 Penalties for 71 liecovery of penalties 71 Judge to rojiort to Clerk of Municipality, if candidate or persons convicted of corrupt practices 71 Entries to be made of same by Clerk of Municipality 72 Witnesses not excused from answering on ground of self -crimination or privi- lege in proceedings for 72 « Limitation of actions 72 , y No ])enalty after prosecution of party jointly liable 72 y Except principal oflender 72 ^J^iAH) — Copies of sections relating to, furnished by Clerk and posted np by Deputy leturning Officers 73 INDKX. 287 COHTH— PaoB Of re-count, in discrotion of Judj,'o , 59 Tuxiition anil recovory of 00 (^Hu wnrrdiiti) procemlinf^'a .i|ii>n diHclaimer (i8 Gonurally in diacn^tion of Judi,'o 08 Of potsHiiiHMion to (ui((uive respL'ctinj,' tiiiancea 121 Of ail lit ration 124 On in'osi^ciition for jionalticH, may ho awardod 1110 Of convfying iirisonorH to (iaol and Lock-up 145 Of Hurvoys 1(;2 Of local iniprovoinunts, what shall bo decniod to bo 205 CoUNCILLOItS — /)i Tinims, Number of, for oacli ward 25 Provision for ri'iliiction of tho nundiur by by-law 20 I'roviHioii for ropoaliny such by-law 20 [h InairiH'idiiil VHIhiiik. Number of 2fi In V'oick.s/m'/'x Number of 20 rro|ierty i|ualitication of 27 May re8ii,'n, when 03 Declaration of (jualitication 80 of ottice 80 before whom to bo made 87 I'enalty f(ir refusal to accept ollice (jr miike tlie necessary declanitions 87 CoU.MII, — See Municipal Council. . Counties — Soe New Cokpokations. Coi'KT House— County Council may jiaHs by-laws for erecting, repairintr, o*c 139 T(j be provided with fuel, etc l;59 County Council may ac<|uire laud in City for Court House 139 Of County, to lie Court Mouse for City or Town not sejiarated from County.. 140 To coutiniio so fir City until City t-ouncil directs (itherwise 140 Council of City maj' erect and maintain 140 County Council to liave care of 142 To appoint keepers 142 Duties of keepers 142 To provide fuel, furnituR", etc 142 To jirovide otiices, etc., for the Courts 142 May be used by Maritime Court 142 City Council to have care of Court House belonging to City 143 Upon separation of Union of Counties, rules and regulations respecting to continue and ap])ly to Court House in .Junior County 143 Liability of Cities and Towns for erection and maintenance of Court House... 143 Ditlercnices may be referred to arbitration 143 Liability for furniture. Council not liable unless it has been ordered by it or authorized pei'son 143 Corporation has insurable interest in 144 Liability of City t When by-law for local iinproveinonts panButl by County on application of Minor Miinicipalitv '"^l^ To bo hold at County 1'own '-517 CoRrollATION Soo Mi'Nrcii'Ai- Coi'.roK'.Tio.N. Cow-BvuKs — My-laws for piovonting or roi^ulatinj,' 1*'" Ckanks — By-laws reHpecthiff 1^'' DaNOKUOUS Pl.AfKN — By-laws fiv making ro.uulations rt'spoctinj,' I''* Dead — By-laws respecting intcnnont of !*>'* Dkaf Pkhnons — By-laws for aiding and niaintainins,' - i^'IJ Death— See Elkctions and MiNicirAi. OirnbMts. DfcltEXTIUKS— Those issued beforo lirst January, 18ti7, to have tlic priority wiiiuli thoy l>ud on that day Hi' Rate for jiaynient to be levied ll-j How to be calculated 11'' To be ai)pliod solely to payment of debentures .' Ho To be sealed with Common Seal l-'> To b.'; signed by head of Corporation and S(jme other person authorized by the by-law to siifn l-<"' Duty of Treasurer respecting !-'> Full amount recoveral)le though negotiated below par l-'t> Certain debentuies valid without Coninum Seal l-ayments have been made for two years to be valid 127 Unless proceedings pending 1-7 For local improvements to be so stated on face of debenture 1-7 Provision for consolidation of 1-7 Transfer of — Notice with respect t(j ownershi]) may be endorsed 1-7 Form of l'-^^ Debenture Registry Book to be kept 128 Certihcates of ownership to be entered 1-8 Also subsu(iuent transfers 1-^ Written authority for entries re(|uired 128 After certificate of owner.ship' has been given, delientures transferred only by entiy in Debenture Registry B(jok 128 By-laws for guaranteeing by County 182, 200 Debentures of one of United Counties for improvements in that County, liow to be issued l'*^'" To bind that County as though it were a separate Municipality 1h3 Under Local Improvement By-laws 204 Not invalid, though not strictly in accordance with by-law 210 For portions of local improvements to be paid for out of general funds 227 For aiding Railways -•''! Debts— By-laws creatin- •"*' See By-Laws. IN'DKX. 28ff Declarations— |,^,,p Of Ojnce. To bo niiulo l.y o.Dcted candidiitu 57 To bo iimdo l.y momburs of County Council boforoany I'.Ii'sinJss'iH transivctw^ 73 rnnii of "^ j^^j iJofnri! wiiMiii to bo iiiaiio ••'...............*......*.."!!!!!!!!]!!!!!!!!!!!!!!! m Cortiliciito tlioroof to bu <(ivon '.11]..'..!!!'.!!!!!',!!!!!*! !! 87 To bo mado by Trustoos of hjiico viiiago !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 230 0/ ijvnlifica' •{. Tobt niado by oloctod cimdidato 57 To bo .iiado by niouibois of County Coi n^il boforo aii'y 'biHi'n'oHrirt'ransa'ct'od." 73 ri.iin of uj. Mofoiu vhoiii to bo inado !...!!!!!!!!!!!!!!!!!!! !! s? Cortiticaio thcroof to l)o j,'ivon !!!!!!!!!!!!!".! • 87 To bo niado by Tiustuos of I'oiico viiia','o !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 230 Of Svrr I'll. At Municipal Elocticnis ,.| F. p • \}i_ oini of J.. At votinj,' on by-iawa !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! io> Mofoio whom to bo niado !..!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! icI Koiiu of !!.!!!!!!!!!!.!!!!!!!!!!!! in* of dost ruction of ballot papora ^7 Of auditor !!!!.!!!!!!!!!!!!!! hg Hofoiv whom declaration may bo mado .".'...'.'.".'.'.'...".."." 87 To bo Hubscribod by declarant !!!!!!!!!!!!!!!!!!!!!!!!!!!!! 87 roraon administoriu',' shall certify and sulHcribo'saino !!!!!!!!!!!!!!!!!!!!!!!!! 87 Jo bo doiHisitod with Municipal Clerk !!!",' y^ Dkfaui.tkhs" Lists — See Ei.KcTioNs. Deputv Rekvk - Election of, ii: Incorporated Villai,'e8 and Townahin^) instead of Councillora. wliL-n ' 20 llomunoration of ^, Declaration of (|ualitication !!!!!!!!!!!!!!!!!!!!!!!!!!!!'!!!! 8G of otiiee !!!!!!!!!!!* ho IJefore whom to be mado !!!!!!!!!!!!!!!! 87 Mi';- adm nistor oaths and doclarationa !.'!!.!."!!!!!!!!!!!!!!!!!!!!! 87 IVnalty for refusin-,' to accept otlice, or to make the nocosaary docl'irat'i'ons!"or lo administer oaths or declarations ' 37 See Hkkvk. Dei'I'tv Ketuknixo Ofi-icku — Dutioa of, on votins,' on by-laws i^;, Seo Elki'tions. Derkicks — By-laws respecting , ^^n Desecration OK THE Hahiiath- Poraons convicted of, may bo sent to Lock-up •. 145 Destroyino PaI'ERS — liy municipal othcors, nrilicioualy gy Directions fou the Guidance of Voters — See 13 V -Laws and Elections. Dirt— By-laws for compelling the removal of ]7f) 10 " ' 290 INDEX. Disclaimer— ^•^"*' See CONTROVEIITED Electionh. Disorderly Houses — By-laws for suppressing ^''^ Disorderly Persons— May be committed to House of Correction 141 By-laws for restraining and punishing 1"! Disqualification — See Qualification. Dissolution — An incorporated Village may become unincorporated, when and how 8, 9 Distilleries — By-laws for preventing or regulating - 1^'' Docks— By-laws respecting ^ Belonging to Dominion, not to be interfered with without consent of Dominion Government Documents — ,,^ Used before arbitrators, to be filed with Clerk I-''' Dogs— By-laws for regulating and taxing of |-j° " for killing those at large contrary to by-law if>» Dominion Lands — Not to be interferred with by Municipalities without consent of Dominio.i Government ^ Doors — By-laws respecting 1'^^ Door Steps — By-laws for removal of , when obstructing streets, etc I'tB Drains and Drainage — By-laws respecting i*^ " to re(iuire cleaning of |'^ " for making regulations respecting 17^ " for charging rent for • 1^:^ " for acquiring lands in another Municipality for purposes of la " for borrowing money for l^f Into adjoining lots or along or across highways -lo See Local Improvements. Driving— By-laws for regulating 1^^ " for preventing on sidewalks 1"'' Drunkards — May be sent to House of Correction , 141 Itiay be confined in Lock-up • I'l'^ Drunkenness — By-laws for preventing • ••• • l^f " for restraining and punishing persona found drunk Ibl INDEX. 291 Dumb Persons — Page By-laws for aiding and maintaining 150 Duties — Of Election Officers. See Elections. Of Municipal Officers. See Municipal Officers. Elections. Of members of Mimicipcd Council. To be held annually on first Monday in January 33 Time of holding in case of newly erected corporations 3? Place where election to be held 34 To be appointed by County Council in case of newly separated junior townsliips 34 To be in the municipality 35 For townships — not to be held in city, town or village 35 Not to be held in tavern 35 See also tlie several provisions for the erection of new corporations under New Corporations. To be by general vote in townships and incorporated villages not divided into wards. 34 In cities and towns elector may vote in each ward in which he has necessary property (lualification 47 Except in cases of Mayor, Rtcve and Deputy Reeve 47 Where he shall vote in these cases 47 In townships elector not to vote more than once 47 Penalty for voting more than once, when such prohibited 48 Agents, May vote where engaged as, if qualified 48 Certificate to enable same 48 To be present when ballot of incapacitated voter marked 51 May be present at poll 52 At counting of votes 53 At re-count of votes 58 To maintain secrecy of the voting 61 Penalty for contravention 61 To make declaration of secrecy , 61 Non-attendance of , 62 Candidates may undertake duties of 62 Exception , 02 Ballot Boxes. To be procured and furnished by Clerk to Deputy Returning Officers 42 How to be made 42 After election to be kept by Clerk 42 Penalty for neglecting to furnish 43 If not furnished Deputy Returning Officer maj' procure 43 To be shewn at opening of poll 49 Offences relating to 60 Ballot Papers. To be printed by Clerk , 43 Contents and form of 43 In cities, towns and townships divided into wards to be in different sets 43 To be furnished by Clerk to Deputy Returning Officer 44 Name or initials of Deputy Returning Officer to be signed on back of 50 Delivery of to voter 50 Mode of marking 50 Not to be taken away by voter 51 ■J ^iu 15-. . W ! W' # 1 292 INDEX Elections — Continued. Deputy Returning Officer to verify initials before deiiositing in ballot box 61 Proceedings when voter cannot mark ^^ Proceedings in case ballot paper cannot be used o^ Counting the ballots _„ Rejected ballots _„ Objections to be noted and numbered ••••_ ^^ Statement of to bo made and signed by Deputy Returning Ofhcer M Certificate of state of ])oll to be given by Deputy Roturnmg Officer M To be sealed up in packets To be returned to (.'lerk of municipality 9* Statement respecting, to accompany the return \'""V\" To be kept for one month, and then destroyed, unless otherwise ordered by Court or Judge ••••• '1 Inspection of not allowed except by order of Court or Judge »^ Re-count of and proceedings thereon ^° Offences relating to Certificates. As to Assessment Roll, Clerk to give, stating when returned by Assessor and when finally revised |t Penalty for neglect •••• ;••;••••. ;••": V," .- To be evidence for Deputy Returning Officers -of date to be inserted in oath. 47 When Assessment Roll to be deemed finally revised and corrected 47 And see Deputy Returning Ofi'ii;er and Poll Clerk. Chrh [of Mwdeipaliiy). To be Returning Officer • ••••; ;'""""'". ,' In municipalities not divided into wards to perform duties of Returning and Deputy Returning Officers at the first election 47 To preside at nomination in cities and towns 4^ If absent, electors may choose a chairman 4U At nominations in townships. Township Clerk to preside 4U To give six days' notice of nomination 41 Duties of, at mmiination To tiost up names of candidates ■ •• •••••'• Duties of, with respect to ballot boxes and papers, and compartment t"J,,_^^ marking 1 )allots " ... Duties of, with respect to voters' lists J^ Duties of, with respect to Assessment Roll V"-/"- Vn'i; oVi" To give certificate to enable Agents, Deputy Returning ( )fficers and Poll Clerks to vote where engaged ^ BaUot papers t<} be transmitted to ;"V"V^ \""^'\ •"■ To settle disputes as to written statement to be made by Deputy Returning ^^ Officer • IV j,,. To cast up votes and declare candidate elected oo, oo To vote in case of a tie ' . Otherwise not to vote •••■ ••••• •; '_„ To retain ballot papers for (me immth, and then destroy them o< Unless otherwise ordered by a Ccmrt or Judge ;••••••••. :"V ^I Not to allow inspection of ballots except by order of a Court or Judge 01 May be present at re-count • Production of documents by an order of Judge— efiect of •••"•;■•;•;;■ rn Penalty for wilful act or omission in contravention of sections 118 to Ibt) ou To maintain the secrecy of the voting ^}: Penalty for contravention ' To make declaration of secrecy ' Duties of, on vacancies in Council occurring *J* Duplicate disclaimer to be delivered to • ^° Jutlges to report pensons guilty of corrupt practices to o^ ^ Entries to be made of same •;•••••;■. '.lAVT" oon ^Ti To furnish to Deputy Returning Officers copies of feections 207 to J2() (-i To preside at election of Warden '*' INDEX. 293 Elections— Ct»ur— who to issue JJ* Time for holding ^* After quo xjarniido proceedings JJ' Writ for to be issued to Sheriff— when "• Numimition. Place for holding to be appointed by by-law 35-40 Otherwise the Town Hall fl^ To be held annually on the kst Monday in December ^U If it is Christmas Day , theiilo be lieKl on the preceding Fn lay... 4U County 'LVmhcii may by by-law provide that nomination take place on last Monday but (me in December in townshij/s 40 Copy to be transmitted to Township Clerks *|- To be held by Returning Officer appointed for each ward 41 Or the Municipal Clerk ■ *^ And in their absence tlie electors may choose a chairman... 41 Clerk or Returning Officer to give six days' notice of meeting 41 Procedure at nomination Oaths. Of freeholder ^5 Of householder ^' Of income voter ^ Farmer's son ••••• To be administered by Returning and Deputy Returning Officers Deputy Returning ' Officers May be prepared by Clerk Or may be procured from C lerk of the Peace His fees for same Defaulters' lists to be evidence for Deputy Returning Officers of non-payment of taxes When voter tenders his vote, his residence and addition shall be recorded on by Deputy Returning Officer Initials of Deputy Returning Officer to be i)laced in proper columns of, to denote that elector has received ballot paper Entries to be made by Deputy Returning Officer upon, at close of poll Declaration of Deputy Returning Officer respecting To be returned to Clerk of municipality May be inspected in hands of Clerk Electors— Who may vote on by-laws By-laws for disqualifying, who have not paid taxes by 14th December See ByLaw.s, Elections and Police Villages. Elevators — By-laws respecting. Embezzlement — By municipal officers 43 4-2 42 44 4.J 4.") 45 40 40 40 40 46 49 50 54 54 54 54 06 1.56 140 80 Exi Exi Exi Ex] Fax FAt Fai Fee Fkl Fen Fen N INDEX. 297 Engineer-^ Paoe Ey-lawB for appointing 163, 180 Equalization of Real Pkopbkty — Basis of 85 Estimates — See Finance. Evidence — Endorsements on ballot papers, etc 60 On return of writ of quo ivarmnto C6 yivd voce required to prove a corrupt practice 71 Of by-laws, certified copy 91 To be filed with Clerk by arbitrators 125 See WlTNEHsEH. Executions against Municipal CoRroRATioNs — May be endorsed with direction to Sherift'to levy the amount by rate 132 Sheriff to deliver copy of writ and endorsement to Treasurer, with statement of amount due 133 If claim not paid in one month, Sheritt" to strike a rate 133 And issue his precept to the Collector 133 Who shall levy the amount 133 Proceedings thureon 133 Surplus to bo paid to Treasurer 133 Exemptions — Persons exempted from serving in Municipal Council 29 Exhibitions — By-laws respecting 150, 161 Existing Corporations — To be continued 4 Existing Police Villages to bo continued 232 Expenses — See Costs and Elections. Fairs— By-laws for authorizing the holding of 165 Fares — By-laws for regulating ., 181, 182 Farmers' Sons — See Qualification. Fees — Of Police Magistrate, when entitled to ,, 135 Of Police Court Clerk 135 Gaoler not entitled to any 142 Fellowships — By-laws for endowment of 165 Fences — By-laws for regulating the height, etc. , of 158 " for protecting animals from barbed wire fences 158 " for regulating the construction of 179 Fence Viewers — See Municipal Officers. 298 INDEX. Ferries— Page Privileges of, Council may grant, when i>l By-laws for regulating and licensing 104 Filth— By-laws to prevent throwing of, into streets 159' Finance — Annual estimates to bo made • 114 Council may pass by-laws to raise the sums required on such estimates 114 When amount collected is less than amount required 114 When amount collected exceedsi amount required 114 How rates for paying debentures to be calculated 115 Anticipatory appropriations HO Two separate accounts to be kept 117 (1| For cpecial rate H' (2) For sinking fund • 117 Surplus after payment of annual interest, how applied 117 S-'-'plus may bo invested 118 In what securities H^ Or Lieutenant-Governor in Council may order it to be used in payment or ledemption of the debt • Ho Surplus moneys may be credited to sinking fund account and invested 118 Surplus derived from Corporation work, etc., may be similarly api>lied and invested .. • H^ Surplus from "The Ontario Municipalities' Fund" may be set apart for— Educati(jnal purjjoses H'' Investment of same H^^ May be loaned to school trustees 119 , Or granted to poor school sections 119 No member of Corporation to be a party to any investment other than authorized by law 119 In default person so doing liable for loss 119 Treasurer of Municipality indebted to Consolidated Municipal Loan Fund to make annual returns to Provincial Treasurer 120 Penalty for default 120 Council to make annual report to Lieutenant-Governor 120 Penalty for default. 120 Commission of entpiiry into — When it may be granted 120 Powers of Commissioner 121 Expenses of Commissioner 121 Fines and Penalties — How to be applied 131 By-laws for inflicting, not exceeding ^.jO, for — (rt Neglect of duty or refusal to accept otHce lol (b) Breach of by-laws lol For collecting penalties and costs by distress 151 For imprisonment in default of payment and distress 152 Not longer than twenty-one days 152 Except for breach of City By-laws 152 Or keeping house of ill-fame 152 See Penalties. Fire-arms and Fire-works — By-laws for preventing the firing of , etc 108 Fire Companies — By-laws respecting 109 Fires — Council may rent fire appliances 153 By-laws for regulating the burning of stumps, etc 159 INDEX. f09 FiHEH— Continued. Paok By-laws for preventing or regulating tho use of, in stables, etc 160 " for making provisions against 109 " for inspecting promises 170 " for demolishing houses to prevent spreading of 170 " for enforcing assistance at 170 Regulations of Police Village respecting 237 Fish— By-laws for regulating the sale of 177 Footpaths— By-laws for sotting aside portion of highway for 202 " for imposing penalty for driving thereon 202 FoRESTALLI.VO — By-laws for preventing 177 FoKMS — Ballot Papers. In Cities 240 In T(jwii8 divided into wards 241 In Townships divided into wards 242 In Villages and Towuahipa not divided into wards ,., .., 244 For voting on By-laws 250 For local impr(jveinenta. By-hnv. 2or L'KvtiJimtci. Of qualification to ait in County Council for Reco 24 for Deputy Reeve 25 Of li.'i pi'iutfiis 112 Of dismissal 113 As to assessment roll 248 Of Deputy Returning (Jfhcer reapecting incapacitated voter 248 Conviction. For offences against By-laws 182 " " " of Police Conunissioners 137 Declarations. Of qualification bo , 80 Of office 86 Of auditor 86 Of secrecy 61, 102, 249, 261 Of person promoting or opposing by-law 250 Directions for the Guidance of Voters. At elections 245 Vr*;ing on by-laws 250 Disclaimer. by defendant named in writ of 7U0 warra)do 67 By elected candidate, before election complained of 68 Notice. Of passing of by-law 104, 112 Of by-law to be considered at special meeting of Ce unty Council lO^l Oaths. At elections, of freeholder ^3 of householder or tenant 37 of income voter : 38 of farmer's son 38 li^ It * >. 300 INDEX. ToRMH— Continued. Paoe Of Deputy Raturning Officer after closing of poll t 249 Voting on by-laws, of freeholder 08 of leufleholder 'J^ of leaseholder (in respect of local improvements) 99 Of voter on by-law for local improvements iJ18 Of municipal clerk, verifying yearly returns to Provincial Treasurer 78 Of arbitrator 124 Of police officer 137 Vuten' List. Of list to be f urnisliod to Deputy Returning fficors 247 Frkehoi-dbrs — Who may vote on by-laws 96 See QuAUFicATioN. Free Libraries — By-laws for establishing 17"2 FREgCENTERS OF PUBUC HoUSES — May be sent to House of Industry 14(i Fri^it — By-laws for logulating the sale of 177 Fuel- To be provided for Court House 142 Furnaces — Regulations of Police Village respecting 237 Furniture — To be provided by County Council for Court House 142 Liability of Council for, when 143 Corporation has an insurable interest in,, 141 Gambling — By-laws for suppressing 101 Game Inspector — By-laws for appointment and removal of 148 Gaoler — To be appointed by Sheriti' 142 Appointment and dismissal of, to be subject to approval of Lieut. -Governor. . 142 Salary of ' 142 Not to receive fees 142 Gaols — County Council may pass by-laws for erecting, repairing, etc 139 To be provided with fuel, etc 139 The Council of a City may provide for the erection and maintenance of ... 140 To be houses of cor '•ection in Counties in which such houses have not been erected 142 Sheriff to have care of 142 Keepers of, to be appointed by Sheriff 142 Appointment and dismissal of 142 To be subject to approval of the Lieut.-Governor 142 City Council to have care of Gaol belonging to City 143 On separation of union of Counties, rules and regulations respecting to con- tinue, and apply to Gaol in Junior County 143 Liability of Cities and Towns for erection and maintenance of 143 INDEX. 801 OkOLH—Cimtinued. Paoi Difi'oronces may bo roforrod to arbitration 143 CorponitiiJii has insurable interest in 144 Liability of City to contribute to cost of 144 Ditforences may be referred to arbitration 144 City to have a v; ico in the selection of a Hito , 144 Compeu.iation for use of, by City or Town 144 After live years Lieutenant-Governor in Council may ordor the existing arraM<,'i)ment8 to cease, and now ones may then bo made 144 Expenses of conveying persons to 145 By-laws for ai)pointing surgeon 103 Gardens — Uy-laws for acqiu'ring property for, and managing 179 By-laws for selling, when no lonjjor rei^uirod 179 ■ » Qao and Gas Works — By-laws for permitting liiying down of gas pipes 160 " for aiding Gas (Companies 160 Assent of electors re(iuired 100 Head of Cori)oratiou to be a Director in certain cases 160 Bylaws for preventing or regulating gas works 167 " for constructing gas works IHO And levying an annual special rate for payment 180 Assent of electors re(|uired 180 Estiuiates, etc. , to bu published 180 By-law to bo passed witliin three months after tho poll 180 If rejected, no other to bo submitted within tho year 180 General Sessions — Powers, dutios, and liabilities of Magistrates in, with respect to roads and bridges transferred to Municij)alities 190 Orders and resolutions may bo rogistorod, and how 192 Grain— By-laws to rogulalo tho sale of 177 Gkatuitv — May bo granted to municipal officers after twenty years' service in certain cases 88 Gravei, — By-laws for preserving or selling on road allowances 195 Graves — By-laws for preventing violation of 158 Gkocers — By-laws for regulating 177 Gunpowder — By-laws for regulating tho keeping of . . 167 Regulations of Police Villages respecting 238 Hamlets — By-laws for stopping up, and sale of original road allowances in 202 Harbours— By-laws respecting 148 " for granting aid to 149-150 Hawkers — By-laws for regulating and licensing 164 INDEX. Ubai) ot JoiPOKATit, - Page See Municipal Offk'Kbh. Health — By-laws to provide for 108 High Bailiff — To be appointed by Council of every City 137 May be hold by Chief Constable 137 High Court of Jumthk — Powers of, in ([uashing by-laws 104 " over awards 126 High Schools — By-lawb for acquiring property for, and aiding Ififi " for supporting pupils at 105 Highways— What aro to bo deemed 180 Original nllowincos 180 Laid out by Statute ... 180 On which public money expended or statute labour performed 18(5 Passing through Indian Lands 18(i Freehold in Cnnvn 187 Munici[)ality to have jurisdiction over 187 Possession to bo in Municipality 187 May be incroaced in width 1 ^^7 Right to use vested in Municipality 187 Boundary lines may be assumed and maintained by County 189 By-laws respecting 150, 151 Cunditimis precedent to passing certain By-laiva, By-laws affecting public roads not to be passed until — Notices of passing by-law have been poiied up for one month 1!'2 And published in newspapers 1!)2 And Council h.is hoard anyone w'losu property is prejudicially atrocted and petitions to bo heard 192 Expenses of notices, etc 192 County Bridges. May be assumed by Villages 187 Village liable for repairs . 188 County Council to have exclusive jurisdiction over 188 Bridges assumed by County to be placed in repair 180 To be maintained in Villages to connect highways through County 18!t Between certain Municipalities to be erected and maintained jointly 180 Differences referred to arbitration 180 Mistakes in Opening Road Allowances, No action to be brought against Municipalities, their officers or servants, for mistakes in opening road allowances 103 Compensation to be made by Municipality 193 Claim for, to be made within one year 193 Powers of Magistrates in Gemral Sessions. Transferred to County Council 190 Registration of Road By-laws. By-laws under '.vhich roads are opened on private property to be registered.. . 192 To be certified under hand of Clerk and Seal, and to be registered without further proof 192 Bylaw;? paaaed hofore twenty ninth Ma-ch 1873, .and orders and resolutions of General Sessions may be registered, and how 192 " INDEX. 303 HioHWAYH— C'«»t»Hi(ed. Page ApproftcheB to brlilj^os ti) be nmintainud <•*••»> KuuiIb to bo kopt in rupair by Corporation 1 1 Nogloct to 1)0 u nuadonioanor Action for diimiijuios for dofault Limitation of action ..... ... Not apiilicablo to ruads laid out by private porsons unlosB nMume«l by Corporation Roads asBuniod l)y County Council tf) be placed in repair, and gravollod, etc . Iloadfi not assuinod by Council to bo oponod and niamtainod by TowriHhips . . Excopt bridj|u8 between Municipalities Township boundaries bein^ County boundaries, but not assumed by County, to bo maiiitainod by Ti > wnships Except bridges between Municipalities Mode of enforcing repairs When Township Council neglect or refuse, ratepayers may petition County Council to open and repair roads Petition may bo acted on at session of County Council at which prospnted . . . County Council may determine tlio amount required from oacli Township and aiipoint Commissioners to enforce order of Council Sums determined on to be paid by County Treasurer and deducted from Township moneys Ditlerences to be referred to arbitration Who to be arbitrators What they shall determine lioiuls neccviarij for Inyrcss und Eijre.iK. Not ty-laws for prevontin-,' jgg Imi'rlsonmbnt — Seu Fines and Penalties. Improvements — See Local Improvemknts. Income Voteks — See By-Laws, Election, and Qualikication. Incorporation — Inhabitants of every County, etc., to be a body corporate 5 See New Corporations. Incorrigible Rooues— May be sent to House of Correction 142 Indecency — By-laws to prevent j^l Indigent Persons — May be sent tu House of Correction 141 " " of Industry [ 14(; By-laws for granting aid to 150 Industrial Farms — County may acquire lands for, and maintain 140 City and Town separate from County may ac(pure land for, and maintain 140 Persons sent to, compellable to work ' ' 141 Application of earnings " 141 Wlio liable to bo committed to ..'*.".'.'..".... 141 By whom may be committed 141 To bo deemed witliin tlio .Municii)ality for certain purposes 142 By-laws for acquiring jn'opcrty for 1^0 " for selling same wliou no longer re<[uired 170 for erecting buildings and managing 17<) Infectious Diseases- - By-laws for preventing jgg I NGRKss AND Egress— ' Roads re(iuired for, not to be closed without making compensation and pro- viding other road ^ril iMiUIKV — Respecting finances jgO " conduct of otKcers 14(( Insane De.stitute Persons — County Council to provide for jgg Inspection of Provisions— By-laws to provide for 1»»3 Inspectors — Uf House of Industry may be appointed 14q Duties of ! ! 141 Of provisions may be appointed ' jyy t i 306 INDEX. Insulting Lanouaoe— Page By-laws for preventing 1"^ Insurable Interest — County, City and Town have, in Court House, Gaol and furniture 144 Intelligence Offices — By-laws for licensing, regulating or pi'eventing 178 Interments — By-laws for regulating 1*^8 Interpretation — Bridge * Council ;? County "^ County Town 4 Election "^^ Electors Farm "ft Farmer's Son or Farmers' Sons Y,\ Father "^^ Highway Householder 2 Land ' Leasehold ■" Local Municipality "f Municipality ^ Next day * Owner ^^ Real estate Ileal property Reeve . Road „. Son or Sons ;'| To vote ''^ Townships Intimidation — See Corrupt Practices. Intoxicating Drinks — By-laws for preventing sale of , to children 1*^0 Investigation — Respecting conduct of officers, etc 14(5 Investment — 1 1 Q Of surplus moneys ||'' Of sinking fund •.•.••'•V'^"":'', im Of surplus moneys from " The Ontario Mumcipahties Fund ll.> Loans to school trustees |j;| Only those authorized by law to be made ^^'' Joint Owners— See Qualification. , Judges (County)— Re-count of votes by ^ Scrutiny on petition to • :J"^ Thirc" arbitrator may be appointed by, in certain cases i-fA To be a Police Commiasioner "'** Jul Ju Ju: Ju Ki La La hA Li Li i INDEX. 807 Judges (County) — Cotitbmed. Page At request of Council, to eiKjuire respecting the conduct of officers and good government of Municipality 146 To report to Council 14l> If no person who can convey lands taken by Corporation, County Judge may appoint one 154 Appeal to, against assessment for Icjcal imin-ovuments 200 Powers of 200 May appoint arbitrator in arbitrations between Counties respecting local im- provements in certain cases 219 Jurors — Who are ratepayers (jr municipal officers, liable to challenge unless the Cor- poration be a County 131 Justices of the Peace — To be appointed for Junior County 19 May administer oatln and declarations 87 Jurisdiction of, over ofl'ences against by-laws, where there is no Police Magis- trate l:',0 Unaer by-laws of Police Commissioners 137 May try offences against by-laws not specially prt>vided for 130 Heads of Municipalities, lleeves and Aldermen to be, c.o nfficlu 129 May compel attendances of witnesses 132 May hold Police Court for, and at re(iuest of Mayor 131 May onlur imprisonment in certain cases 145 Powers, duties and liabilities of, in General Sessions with respect to highways transferred to Municipalities 190 Junk Stokes — By-laws for licensing and regulating 166 Keeper of Gaol and House of Correction — To receive into the County Gaol and House of Correction persons committed from Cities and Towns 140 See Gaoler. Ladders — By-laws to compel the erection of 109 Regulations respecting, in Police Villages 237 Land Marks — By-laws for erecting, to mark concessions l6l Lands — Compensation to be made for 154 Differences to be referred to arbitration 154 Trustees, etc., to have power to act for those whom they represent 154 If no person who can convey, County Judge may appoint one 154 Application of purchase money 155 To be subject to same charges as property was subject to 155 By-laws for ac(iuiring, in another Municipality 172 " for acquiring, for purposes of exhibition, industrial farms, parks, gardens, etc 179 " for selling same when no longer required for 179 " for acquiring, for opening roada 194 " " " on railway lands 194 Leaseholders — See Bv-Liws, Elections and Qualification. Lewd Persons — May be sent to House of Industry 146 i i f .S08 INDEX LlEUTENANT-GoVERNOK — PaOK May form Townships not within limits of incorporated County into a new County by Proclamation 1'^' May proclaim Provisional County lii" " final separation of Provisional County ■••• !•' May authorize the payment or redemption of municipal debt instead of in- vestment 1^^ Annual report respecting finances to be made to l'-<) May appoint third arbitrator in certain cases l'-2- Assent of, re Lights — • To bo provided for Court House 1'2 By-laws for preventing or regulating the use of, in stables, shops, etc !()'.> Regulations of Police Village respecting 237 Lime — Regulations of Police Village respecting 238 Limitation of Actions — For penalties under Sections 207 and 208 7*2 For damages caused by neglect to keep roads in repair 188 Livery Stables — Licensing of l*^** By-laws for regulating and licensing 181 Local Assessment — See By-Laws. Local Improvements — Debentures for, to be so stated 12<^ Provision for consolidation of debentures for ••■ 127 Upon a petition of a majority iu number of the ratepayers v^hose property will be benetited — Engineer or Surveyor to report thereon 204, 211 By-laws may be passed for deepening streams, removing obstructions, and draining property, etc 204 For borrowing the necessary funds and issuing debentures 204 Interest may be included in the aii"iunt payable in lieu of being paid annually. 204 For levying a special rate for payment 204 What costs of the work shall be deemed to include 20,") Persons wliose ))roi)erty is assessed may pay the auKJi.nt of their assessment, less the interest, before issuing of debentures 20;) Not to be paid by tenant under an agreement to pay taxes unless specially mentioned 20.^) For regulating times and manner of payment 20;^) For ascertaininL' the property liable to the rate 205 Mode of assessing property to be lieuctited 205 Mode of shewing proportion of benefit 200 Powers of Council shall include embanking, pumping and mechanical operations 20() And doing all things necessary for maintaining the works 20(5 And works of Legislature or Parliament completed 207 Form of by-law 207 To be amended if assessment altered on complaint or appeal 208 To be published before final passing • ••■• 209 Copies may be served on owners of property to be beaefited instead of being published 200 By-law to be valid unless notice of intention to move to ({uash be given to Clerk within ten days after final passing 20!) Lo: INDEX. 309 Local Improvements — Continued. Paob If (luaslied in part the test to be valid 201* By-law may bo amended in order to complete the work 20'.> Provisions respecting 210 Debentures nut invalid though not strictly in accordance with by-law 210 When work may be extended beyond limits of Municipality 210 Wlien lands in adjoining Municipality may be charged though works not carried into same 210 Engineer or Surveyor to report thereon 211 Plans may be made 211 Municipality beginning the work to notify adjoining Municipality to be bene- Hted 211 Adjoining Municipality to ^. ise the necessary amount 211 Or may appeal and refer the matters in diti'erence to arbitration 'Jll Proceedings thereon 211 In case of mistake, time for appeal may be enlarged by County Judge 211 Arbitrators to be appointed 21'i Engineer or Surveyor who made the plans not to be an arbitrator 212 Each Municipality to contribute to maintaining the work in proportions fixed by engineer or arbitration 212 In case of neglect, Municipality in default may be compelled to make the necessai'y repair by nuDidnmuti 213 And be liable to damages for any injury , 213 Duty of minor Municipalities t(j make repairs 21:) Course of drains m .y be changed and new outlets made 21o Works not extending beyond Municipality, or which do not benefit any other Municipality, to be miuntained by Municipality commencing same 213 Where works constructed out of general funds, repairs may be charged on property benefited 213 Drains, etc., to be kept free from obstructions 214 Obstructions to be removed by persons making them on notice 214 In default they may be removed by the Municipality, and the expenses charged upon the Collector's Roll against such persons causing the obstructions 214 By-laws may be passed to borrow funds for repairs 214 "The Ontario Municipal Drainage Aid Act" to apply to the debentures issued under such by-law in certain cases 214 Another Municipality, or a company, or an individual using works may be assessed 215 Disputes as to damages to works to be referred to arbitration 215 Amount of damages in excess of amount for which property assessed to be charged against property benefited 215 May be levied in one or more annual instalments or spread over several years. 215 Drains into adjoining lots or across or along highways may be made 215 Disputes as to amount of the cost to be borne by owner of adjoining lot or Municipality to be determined by the fence-viewers 21G Thoir award to be final 21(5 Ditches along town-lines may bi. constructed along either side of road allowance. 210 And properties benefited may be charged 21(5 Certain iirovisions to apply 210 County Council on application of Councils of minor Municipalities may pass by-laws for 217 Petition of pro]ierty owners not re'> May impose fees for voluntarily using or taking ailvantage of market 17''> Not to interfere with persons carrying on business in vicinity of market... IT-') Faes not to bo greater than those ini])o8ed on lat March, 1882 IT'^ Not to be imposed in respect of markets made out of streets 175 Section 498 not to ajjply in certain cases 17C Sales and places of sale may be regulated if no fees charged subject to certain provisions 17<) Enactments inconsistent with sections 497 and 498 respectively shall not be in force, while they are in force 17<> May be assigned 170 Markets — Council may make regulations and impose fees subject to certain re- strictions 173-17H Sale of articles not retjuired to be at market after certain times 174 By-laws for establishing and regulating 173 Money — Council may borrow to meet current expenses 128 MoNOI'OLIKS — Prohibited 91 MoNUMKNTS — By-laws for erecting t.) mark concessions, etc 102 Municipal CoupoRATioN- Existing Corporations continued 4 " (jfHcors, by-laws, etc., continued 4 Names of 5 Incorporation of 5 Towers of, to be exercised by Council 5 Area of () See Ni:\v Cokpokaxions. MuNHJiPAL Council — Covdiu't of Businens, Ordinary meetings to be held openly 75 Presiding oflicer may expel from, for improper conduct 75 What shall constitute a (juorum 75 If Council consists of hve, vote of three necessary to carry any resolution 75 The head of the Corporation t(j jjreside 75 Who to preside in case of death or absence of head 75, 76 Special meetings may be held openly or closed 75 Tlie head of tlie Cori)oration may vote with the other members 70 Question voted on negatived in case of eijuality of votes 76 Meetings may be adjourned 76 Election of Wanhni,. To be elected by members of County Council 73 Who to preside at 74 Who to have casting vote 74 Jurisdiction of. To exercise powers of the Corporation 5 Confined to the Municipality the Council represents 90 May make regulations which are not contrary to law for — (1) Governing the proceedings of the Council 90 (2) Conduct of its members 90 (3) Calling of spuc-al meetings 90 (4) Such others au the good of the inhabitants requires 90 May repeal, alter and amend by-laws except as restrained by law 90 May fix license fees for exercising trades, etc., when there, is no power to regulate same 90 Monojjolies prohibited 91 Sjjecial tax prohibited • 91 Fee not exceeding $1 may be charged for certificate of compliance with regulations 91 May grant ferry privileges, when 91 See liv-LAW.s. Meetings of {Ordinary). First meeting of ^Municipal Council other than County Council, when to be held. 73 First meeting of County Council — When to bo held 73 Where to be held 74 No business to be transacted until declarations of office and iiualitication have liCen made 7 314 INDEX. Municipal CoUNrir, — Coiitlnved. Paob Whore subsoquent inoetiugs of County Council and ineotinj^sof other Councils to bo hold 74 Moetinj,'8 iind business of County and Township Councils may bo hold and tnuisactod in City, Town or Villai,'o 74 To.bo hold openly 75 (Special.) Head of Corporation may summon 75 When head of Corporation sliall sununon 75 Where to be held 75 May be held openly or closed 75 Memhern of. In Counties 24 Certificates of election and ([ualilication of Reeves and Deputy Reeves 24 In Cities 25 In Towns 25 In Incorporated Villages '2(> In Townships 26 In Provisional Corporationi 27 Qualification of 27 Persons disqualified 28 " exempted ' 20 Term of oftice of Xi " " members elected to fill vacancies in CIS Vacancies in — By crime, insolvency, absence, etc (>3 Quo warranto proceedings on omitting to vacate othce after forfeiture 0;{ By resignation y Boloiim (K'.cliiratiou <)o To aimi notice to 1)0 appoudcil to by-liiw OH Votiii'^' on liy-lawH — 'I'o iitint ballot pajjors for votini,' on by-laws ));{ 'I'o siiMi ii|* tlio voters 04 To f,'ivi' ccrtiticato to ontitlo Deputy llutiH'nini,' Onicor!*, I'oU tUurks and A'^'oiits to >■ ,ti) ,v!idt to the Council 101 Not to have castini,' vote, when > IQI To certify res[)ectiny by-laws which re((uiro the assent of two-tifths of ratepayers 101 To niaintaiu st^crecy of the proceediu},'s ., 101 To atteuil before County .lud^te with ballot i)apor8 on scrutiny 103 To re!,'ister by-laws reiiuiriiiL,' registration Ill Copy of award to be liled with 124 Evidence and Fees for so doing 135 To act as Deputy Keturning Ollicer when vote on by-law for local iiuiirove- luents 218 County Clerk to act as {{uturiiing Ollicer 218 Clerk of Townshii) to furnish list, of voters fur election of I'olice Village Trustees 234 See Ei.Kt'TroNs. Ur llr:ld. Iti'niunrriiiiiiu of 74 (»f Cniuity 7(i Of Provisional Corporation .*. 7() Of City and Town 77 Of Township and incorporated \'illage 77 I'o issue writs for new elections, when (i-i To preside at nieeting:^ of Council 7") ]\Iay 'Mid \v\wn shall call special meetings 73 May expel from meetings of Council for iiu^jroper conduct 'Jii On death or absence of, who to ])reside 7'> ISfay vote with the other members of Council 7*5 Duties of 77 To nominate one Auditor 8:J ]\[ay administer (Kiths and declarations , 87 To sign by-laws 01 jMay appoint arbitrators if authorized by by-law 121 Isotice (jf appointment of arbitrator to be given t(j 121 To ai)point an arbitrator, if authorized by by-law, to ascertain compensation to be paid for re;d property taken or injured 122 To sign debentures 120 To bo a Justice of tlie Peace c.c officio 12!) 318 INDEX. ''Municipal Officers — Continued, ' Paob To be a director of gas, water ami railway companies in which Corporation holds stock in certain cases IGO, 231 May administer oaths in investigations with respect to roads, etc 193 The Treasurer. On the section of a new Municipality to prepare lists of lands in arrear fur taxes 12 Cannot be a member of the Council 28 To prepare and verify on oath list of defaulters in payment of taxes on or before nomination day 42 To pay election expenses G2 Every Council shall appoint 80 Mode of payment 80 Security required 80 Annual en(^uiry to be made as to sutticiency of security 80 Duties of 81 Limitation of his liability 81 Death of County Treasurer provided for 81 To make statements of assets each half year 81 To transmit to Clerk list of persons in default for i)aynient of taxes 81 If Treasurer is dismissed or absconds successor may draw moneys 81 Declaration of office — Form of 86 Before whom to bo made 87 To make annual returns of Municipality indebted to the Consolidated Municipal Loan Fund 119 Penalty for default 120 Annual returns to be made respecting finance to Lieutenant-din- ernor in Council 120 Penalty for default 120 Demand of costs of commissioner who has en(iuired into finances to be made at othce of 121 To see that money collected under by-law applied in payment of the de- bentures 12G Copy of execution and endorsement, with statement of amount re(iuired, to be given to I33 Surplus (if any) to be paid to, by Sheriff I33 Of Township to pay moneys on order of Trustees of Police Village 230 Trustees of Police ViUwjes. See Police Villages. Valuators. May be appointed byAssessment Commissioner 82 County Council may appoint 85 Duties of 85 Declaration of office, form of 86 Before whom to be made 87 By-laws for appointment and removal of 148 Mutual Insurance Companies— When Town Hall of Township is situate in a Town or Village, meetings of maybe held at ° I85 New Corporations — City. Town may be erected into, when and how 10 Mode of adjustment of existing County debts on Town being made a City 10 Limits of , H Wards H New division into wards ...,. H Enlargement of area of v/hen added territory belongs to another County 11 INDEX. 319 New Cori'orations— Continued. Faqk County. May be formed by proclamation ; Kj Seniority of united Counties .'."."..'.'.".'.'.'.'.'.'.".*.'.'.'.'.".*.".".'.".'.'.".'.' 17 Application of laws to united Counties !!!!!!'.!".!".!!!!!!!!'.!" 17 And see Provisional County,. Police Village. May bo erected, when and how 232 Providonal County. Junior County may be separated from union and formed into, by proclamation. 17 Keeves and Deputy lleeves of junior County to be a provisional Council 17 Who to preside jA A[)p()intment of provisional officers and terms of office '..'.'.".'.'.".'.'.'.'.'.!".'.'.!'.'.'. 18 May acipiire land and erect County l)uildings "!.'.'.".'.'..'.*.'.*.'.'.'.'.".'.".'.'.* 18 Powers of pr )visional Council ?. !".'.".'.'.'.".".'.'.'.'.'.".".'. 18 Mode of adjusting and dividing the liabilities and pn)perty*ortiio'union "!!!'.!! 18 No member of provisional Council to vote or take part in Ccjuncil of union on questions relating to sucli adjustment 13 Appointment of Judge, Sheriti", etc .".''."!.".'.'.'.".'.*."!.".',' 19 Final separation of i)rovi3iona) County .'.'.".'.'.'.'.'..'.'.".'."'."' 19 Proptrty, liow divided upon final separation '.".".".".!!.'.!!!*.!" 19 Officers, property, etc., of provisional Corporation to he the officers, property" etc., of the new Corporation ' jg Legal process, execution of, after dissolution .'.'.*.'..'.".".*,'.'.'.* 19 Pending actions and indictments, place of trial and venue may be changed .".",' 20 Otherwise to bo tried in seni(n- County i^ 20 Trials of prisoners in custody, where !.'.!!!!!! 20 Courts of junior County to be held at County Town .'.'..'.'.'.".'.'.'.'.'.'.'.'.".".".","!!!!! 21 Town. Village may be erected into jq When and how !!!!!!!!!!!!".!..!" 11 Limits of ■,■• Wards , .!."..,...,,. ' n New divirion into waiils .'..!!!!!!!!!!"!!!!!! H Enlargement of area of ]!!!!!!!!!!!!!!!!!! 11 When added territory belongs to another County ."..'!!.'.'.".' 11 May by by-law of Council withdraw from County !"'.!!'.!!!!!! 12 When, and C(mditions of withdrawal !!!!!!!!'.!!".".! 12 May re-unite with County, when and how !!!!!!.'.!!!!!!!!!!!!!!! 13 Township. Outside an incorporated County may be annexed by proclamation to an ad- jacent incorporated County 14 Junior Townshij) may bo separated from union, when and how ....'.'.'.'.!".".]'.'.*.!.! 14 .Mode of disposition of property upon a dissolution of a union .......'.'. 15 Within an incorporated County, to be annexed to some adjacent Township "or unicm of Townships, how 2.5 Unincorporated Townships may be united and formed into unions, how "!*.*.!'.*. 16 Seniority of united Townships to be designated by the proclamation or by-law. 16 Operation of by-law uniting Townships in adjacent Counties to cease on dis- solution of the union of Counties jg Village, To be erected by County Council, when and how 6 -\rea of , , "___^ „ Dissolution of property and payment of debts ,,'',',',',','.',',',',,.'.',',','....'..'. 6 7 When it lies within two or more Counties to be annexed by the Coiinciis to ' one of them h Mode of procuring such annexation .*.'.'.!.*.'.".'!!!....'.'.'..".*.*.' 7 1 320 INDEX. New Corporations — Continued, Paok Mode of adjusting and collecting the amount of the County liabilities to bo borne by the Village 7 If the Councils do not agree respecting such adjustment t!ie incorporation may be annulled, when and how 8 Additions of area to Villages, when and how made 8 Reducing area of villages, when and how made 8 Effect of formation of Neir Corporation. By-laws to continue in force until altered by new Corporation When territory added to Munici])ality, 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 Liability of new Corporation for debts Provision for payment of debts when territory added to Munic'pality Debentures to be issued by senior County or Township for lobts incurred before dissolution, and are to bind olil and new Municipal ties Assessments for year preceding dissolution , Special rates to be collecteil and paid over to senior Munici{)ality If junior County pays more than its share of the liabilities of the union, may recover excess from senior County '. Former Council and officers to exercise jurisdiction until new ones appointed. Public officers of the union to be public officers of theseni(jr Ctjunty or Town- Si 21 21 21 ship Sureties to remain liable Voters at first election When incorporation to take effect On separation of a union of Ccmnties, rules and regulations respecting Court House and Uaol to apply to junior County 22 "22 2-1 22 22 2:5 2". 32 83 143 Noises — By-laws for preventing lO^ Nomination — See Elections. NON-OOMPLIANCE WITH RuLES — Not to avoid election ()2 Notices — By-laws for preventing the defacing of property by KiO N t'ISANCES — By-laws for preventing and abaiting KiV Regulations of Police Village respecting 288 Numbering of Houses — By laws to provide for , 170 Oaths — Who may administer 87 To be sul iscribed by deponent 87 Persons administering, to certify and subscribe same 87 To be deposited with Clerk 87 Of police officers 187 Of voter on by-law for local improvements 218 Head of Corporation may administer, in disputes with respect to roads, etc. . 193 See Elections. Objections to By-Laws — By ratepayers, when and how made 92 Okf Okf] r Omni I 1 Ontai S. Ornaiv IiVDKX. Offencksanx, p„j,^„^^,_ 321 ■ ^Sii;?ri-^-='*--' ■..'..^.......... '■-: Keuovory of . 71 J-, ra "" ucstroyint, p|,,,,f,- ,„ o/ F'"- ^••''''■ravc-ntion of secfo "^,/^'!''-'''«- ^^^'^ 89 p in Co.„.ciI ' '^^ •"•"'^'^' '•'''*"rna respecting fi;,;,--.- l:- ' ; 120 ieeovory ,in,l eiifurceiuViit i.f V ' ' ■,;■ •' -120 iv.S:;\;::r;;r"V'"^^^^^ ■■'•■■■:■:::::::::■■■• ;S ;:;■ I'" I--."! i.;;,S';;*" '""y "" «»- » Ashes, lime, etc., how to be kept ;,^ Charcoal furnaces not to be erected f'^J^ Gunpowder, how to be kept ' Not to be sold at night ^o^ Nuisances prohil)itod ■•■"• " Penalties for default '-^'' f'/J: Who to sue for f.^ Before whom, and mode of recovery •• ••• ^'^•' Prosecutions for, to be commenced within ten days after otience com- mitted ■ Poll — See By-Law.s, Elections and Police Village. Polling Places — By-laws for establishing ^^^ Polling Subdivisions— By-laws for dividing Municipality into 1°*^ Poor Persons — By-laws for aiding Posse Comitatus — i a • Mayor may call out, when Pound-Keepers — By-laws for appointment and removal of 1*** Pounds- By-laws respecting I INDliX. 325 Prisoners — Page Exiioiises of conveying to Gaol and Lock-up 1^5 r.iiv\ Vaults — By-laws for preventing or re^^ulatint; 1*^"'' " for roL,'ulatin,i:i construction of 171 " for clrainiiiL^ of 171 Production- of Documents — By Municipal Clork «2 For till! pur|joscs of (/'(« iwtcmR^o proceedings '>' By Clerk, for inspection '^ Professions — Regulation of, license fees Propeutv — By-laws for obtaining and disposing of 148 '' for preventing the destroying of l'>'^ " for aci|uiring for exhibitions, etc " for Helling when no longer reipiired " by Township for ac(iuiriiig or trectinga Town Hall 90 148 179 179 184 Provisions — By-laws for regulating the sale of Provincial Secuktary — Yearly returns to be made to, by County Clerk And by Clerks of Cities and Towns Returns to be laid before Legislaturt 177 79- 80 80 " respecting the audit of accounts to be made to 84 Provincial Treasurer — Yearly returns to be made to, by Clerk of every City, Town, Village and Township • To retain moneys payable to Municipality in default in making retains 78 80 Provisional County — Name of See New Corporations. PUBLKJ BuiLniNGS — By-laws for regulating doors, etc., of. Public Fairs— By-laws for authorizing the holding of VoRCHASE Money — Of lands taken by Corporation, application of To be subject to same charges as those to which property was subject .5 151 165 155 155 Qualification — Of Members of Municipal Council. See the several Members of Council and Municipal Officers. In case of new Townships for which there is no assessment roll In case only one jjerson (lualitied for each seat in the Council, no qualification beyond that of an elector Persons disqualitied Persons exempted from serving Declaratiim of, form •- - •• ••• • Form of, which may be taken by Reeve, Deputy Reeve or Councillor ot any Township ............ = = .... = . = ., = = ,,,,....,.,.-.. 28 28 28 29 85 86 32C) INDEX. _ ,. J Pa(1e Qualification — Continued. Of Electors. „ , ,, 30 Freeholders _ jjq Householders and tenants 2q Income voters ^q Farmers' sons • | ^j Necessary amount of rating .^^ Persons whose taxes are in arrear • • Vr""""lV;V,', Voters' name must appear in voters' list, except in case of new Municipality ^^ for which there is no assessment roll • •.•"••■■.■■;; i'l 19 If name so appears, no (luestion of (lualitication to be raised at the poll ^f In new Municipalities in which there is no assessment roll V'":"; 'w If owner and occupant be rited severally, both shall be deemed rated J^ When two or more are rated jointly, who to vote ^^^ In Police Villa<;e 233 Of trustees of Police Village Quashing By-laws— , . v Notice of intention to apjily to quash by-law for local improvements to be given to Clerk within ten days after final passing of the by-law ^^^ By-law valid if no notice given .^^jj If part (juashed, the rest to be valid •■ • . If quashed wholly or in part, now assessment may be made -'=''* See By-laws. Quays — Belonging to Dominion, not to be interfered with witnout conseuu 01 ^u- ^^^ minion G(jvernment not to be interfered with without consent of Do- f Quorum — See Municipal Council. _ Quo WARRANTO PROCEEDINGS— See Controverted Elections. Proceedings by, on member of Municipal Council omitting to vacate seat after ^_^ forfeiture •. Racing — iko in „ , , ,. 150, lol By-laws for preventing ' Railways— By-laws for aiding by subscription for stock in, or lending money to, or guar- ^^^ anteoing payment of money by :;^ For guaranteeing payment of debentures by ^^; For levying a rate for payment '^ For issuing debentures in aid of .^^^^ For granting bonuses to "y.^ Issuing debentures to meet bonuses ';' Form of debentures r/3^ Assent of electors necessary ^^ Head of Corporation to bo a director ex officio in certain cases .;•.• -^^ By-laws for authorizing the building of railways or tramways on C.jrp.. ration ^^^ ProvSnTdt Act7 passed "prioV' to' 5th "£arch\'" f-r grouping Munici- palities for granting aid to railways repealed Rates— See By-laavs, Finance, Yearly Rates. Re-count — See Elections. f INDEX. 327 Pagb .. 24 .. 24 .. 24 .. 26 .. 27 27 Rbbve and Deputy Rkrvr — To l)u iiioiiibors of County Oouncil To tilo cortiticato of election and quiilitication with County Clerk Form of, for Roevo " " Deputy Reeve ••••• ••• Of Municipalities in junior County, to be members of Provisional Council. Property (pialitieation of ji' May resij,'!!, when and how Reuiuneratiiin of • Reeve to be head of Township and Incorporated Villrtj,'" Declaration of (jualitication "" othco ^^ Before wliom to be made May administer oaths and declarations ••••• ; Penalty for refusini,' to accept ollico or to make the necessary declarations or to administer oaths or uiclaraticms.... °' Reeve to be a Justice of the Peace c.c officio •••••• ^fj^ After haviii'' taken oath as Reeve no other (lualitication necessary as Justice.. 1.JU 74 77 8G 87 87 Reoistrak — Api)ointment of for junior County Registration — See By-laws Of award, if it relates to draiiia!,'e works Of debentures Of by-laws changing names of streets Of plans 19 111 124 128 I'-'S 185 Reoulations — For government of police force, may be made and enforced by Trustees of ^ Police Village 237 Rkmunekation — Of members of County and Township Councils Of the head of County, City, Town, and Incorporated Village Of Municipal otticers ^J? Of Treasurer ^^ Of Solicitor and Counsel , ; Gratuity may be given to Municipal officer after twenty years service Of police t'VZ Of gaoler ^^'^ 74 74 S8 88 88 138 Report — Annual, respecting tinance, to be made to Liautenant-Governor in Council .. 120 Repeal — Of provisions of Acts passed prior to 5th March, 1880, for grouping Munici- palities for granting aid to railways ^31 Acts inconsistent repealed — - j"*^ Exceptions from repeal ^-^J' '^'*" Reservoirs — By-laws for establishing, etc. 167 Returning Officers — See By-laws and Elections. Returns — Yearly returns to be made by the Clerk of every City, Town, Village and Township to the Provincial Treasurer 78 Yearly returns to be made to County (31erk by the Clerk of every Townalnp, Village and Town 78 ajs INDKX. I i Retuhnh— (Vj/ih"(()»r(/. rAOR Yoiirly rcturim to ho miulo by Ccninty ("lurk to I'rovinciiil Secretary 7I> And by Clorkw of Oities iiiul Towiih J<0 Roturna to bo liiiil hoforo tlio IjOi^iMlntiiro HO If not nitule, nioiicys jmyiUilo to Muiiioiiiality in (lofiiiilt to bo rotiiineU HO Annuiil, by Miniiciimlity indobtod to tlio ConBolidatod MuMicipiil Loiiu Fund to bo iimdo to Kovmciiil Treasurer J-^ Rewakdh — May bo olU'red for iiiiprolionsion of criininalu 153 May bo otlered for convietion of persons .miilty of liorao stoalin},' Hi.'l May bo i^ranted to persona distinyuishini,' tlienisolvos at fires 1<>'.' Riding — * By-laws for roi^'ulatins,' '•''^ " for preventing riding on cars, etc, by children 17- Riots — Interruption of elections by "''^' Rivers — Bylaws respecting • • "H Road Commissionkks — By-laws for appointment and removal of l-l^ Road Companies — By-laws for aiding 1'''0 " for granting privileges to U'5 Roads — By-laws for preventing obstructions to 170 What to be deemed liighways IHU Freehold in Crown 1^7 Jurisdiction of Municipal Council over 1H7 Possession to be in Municipality •. 187 By-laws for acquiring land to widen 1*^7 " for openingor stopping up andacijuiring lands therefor IM 5 When road substituted for original allowance without coni])ensation, if person whose land is taken has land adjoining original road allowance, to bo en- titled to it • 1'-'7 " granting aid to County for making new roads l'.)7 *' for stopping up and sale of road aUowances 10!)-2()1 " for opening and altering 1''9 " by County for aiding Municipalities within County in making, etc... 20t) " for requiring the opening or repair of County roads in local Munici- palities 201 '• by Townships for aiding County and adjoining County in making, etc. 201 In incorporated Village or Hamlet original road allowance may be stopped up and sold 202 When iind how 202 When Village or Hamlet iri two Townships 203 Earth obtained in making local impr(jvements may be spread on roads 216 And paid out of general funds of Municipality 216 On making ditches along mad ajlow.ancea the ro.ad may be made and paid for out of general funds of the Municipality 216 See Highways. INDEX. ^^^ TloAD SriivKYons— '"^"^ IJy-liiwa for ii[ii)ointtnont and removal of ISIiiy l>u Hunt to UoiiBo of Oorroction RUNNEIIH- lty-livw8 for rci,'ulating Halarikh— Seo Ukmi'nkhation. Sand - By-lawB for prosorving or soiling, on road allowancea '• '* Schools— Loans may bo nmilu to school trusteos ' Aid may Im granted to poor school sections ' Hy-lawfi for ol)taiiiiiig property for uso of ' ''i " for support of • ,',.1 " for aciiuiring lands for and aiding High Schools a"" StnDLARSHII'S- By-laws for endowment of Scrutiny— After voting on by-laws, may he obtained on petition to Conn y Judge j|^^ Proceedings Scurn.Ks in Roof— IJy-laws to compel the erection of Seckksy— To be maintained at elections '. " " at voting on by-laws ^" Security— Bonds of guarantee companies may by accepted Seweus ani> Seweuaue — By-laws respecting ^.. '♦ for ojiening, making, etc ' ^ '< f(ir making rogulatitms respecting |^" «« for charging rent for •••■••• •; t'f «« for ac(iuiring land in another Municipality for purposes of 17^ Sheriff— Writs for new elections to be issued to, when yi Duties of, on recei-t of writ of execution against a Municipal Corporation...... 163 To recoi\o into tho'Gaol and House of Correction persons cr.n nutted from City ^^^ or Town ^^^ To have care of Gaol . .^ And appointment of keepers ".•••"•• Appointment and dismissal of keepers to be subject to approval of Lieu- tenant-Governor Shingles — . By-laws for regulating measurement of ^'* Shows- ^^.^ By-laws respecting ' • 330 INDKX. SlDKWAI.KS — PaOH Hy-liiws for provonting driving on 1<>>^ " for roinovinK snow, otc, fruni 170 Private owners may bo ponnittod to nmko and improve '2'1& Signs— By-laws for preventing the destroying of 1<>0 SiNKiNti Fund Account- To bo kept 117 Sinks— liy-luwB for regulating the construution of 171 Slauohtkr Hou.skh— By-laws for preventing or regulatin;^ 1*>7 Sups — By-laws respecting I'J^ Smoke— Hy-law8 to conipol the con8unii)ti()n of l<3!) Snow — By-laws to compel the removal of 170 Snow Fences — By-laws respecting 158 Snow Roads — By-laws for keeping double tracks open in 200 Special Constables — See Elections. Special Mketinos — See Municipal Council, Special Rate Account — To be kept 117 Special Tax — Prohibited 01 Squares — See Stkeets. Stairs — By-laws for regulating the size and structure of, in public buildings 150 Statute Labour — By-laws for conunuting 1H4 " regulating and enforcing 184 '* measuring or reducing number of days of, or abolishing 184 Statutes — Certain statutes not affected 145 Stealing— Of election papers, etc 89 INHKX. nm Hy-liiwH for in'onorving or Bollinj,', on road allowances I'.'n St<)vki'ii'k>< — Uo;,'ulationH of I'olic.j Villiv;,'o respocthiK '2:57 Stovkh — |{y-law8 f;,T royiilttting iOU SXUKAM.S- Uy-l'iWH for nrovontinf? and roniovini,' obstructions 185 *' jt'vyiiii,' cxpiuisi! of cluiirinL' obstructions IHfj *' imposing,' iii;niiltio8 fur ohatnictions 185 VVlion str.'jiins cleared to lnwii-lino of iiiintiior Township, notice may boyivon, iind tliiit Township siiiill clear it within six niontha 185 Seo Local I.MJMtovKiMKNTs. .Stukkts — Bylaws to prevent throwini,' of dirt, etc., into 159 " for cleariiii,' uf 170 " " proventinj,' obstructions to 170 " " niiniiiij,' and clianyini,' names of 171 Hy-law chanj,'in!,' name to be registered 171 " for re,i,'ulatin,!,' tiie user of 172 " " " ' sale of articles in 177 Possession of in IMuniuipaiity 187 Hy-laws for i^rantiu'^' aid to adjoinini( Municiiiality to open and maintain l'.»7 Earth obtained in making' local inii)roveuients may bespread on 216 And paid for out of general funds of Municipality 210 Hy livws for swuepinj,', liglitiny, waturiny 228 SvMMAUv Rkmef— For non-complianoo with by laws 154 StIKtJKONS OF (lAOI, — Hydaws for appointment of 103 SUIU'LUS — See FiNANcK 118 SURVKYOK — I5y-laws for a])])ointing one for Corporatnm 180 SUIIVKYS Hydaws for providing' for 101 t!o3tsof Ilj2 SWKAHINO — Hydaws for preventing 101 Swine — Hydaws for preventing or regulating the keeping of 107 TaINTKI) I'ltoVISIONS - Hydaws for seizing and destroying 107 Tannkiuks — Hydaws for preventing or regulating 107 Tavkrns — Bydaws respecting frequenters of ^q 332 Tax INDEX. — Pagb Special, prohibited 01 Taxes — Collection of arrears upon lands situate in newly-incnrporated Town 12 Lot advertised for sale not to bo included in list of lands in arrear 12 Assessments for year preceding dissolution of unions 22 Collection of speci.al rates after such dissolution 22 List of persons in arrear to be furnished by Treasurer on or before nomi- nation day 42 Copies may be obtained 42 Copies of lists to be furnished to Deputy Ileturnin<; Officers, and to be evi- dence of non-payment of taxes 4(i In Cities, Council may require taxes to be paid by a given day, and in default impose iin additional percentage 82 By-laws for disqualifying electors who liave not jmid their taxes before 14th December 150 For local improvements not to lie paid by tenant under an agreement to pay taxes unless expressly mentioned 205 Telegraph roL"..s — By-laws for regulating erection and maintenance of 172 Temperanoe — By-laws to enforce 1515 Tender of Amends — Council may make, on claim being made or action brought lOG, ir54 Time— Holidays excluded in computing, when 02 Timber — By-laws for preventing the obstruction of streams by 18") " preserving or selling on road allowances lO;') Tires— By-laws for regulating the width of 172 182 Tolls— By-laws for raising money by, on bridges, roads, etc 194 " for granting the right to collect, for not longer than twenty-one years 195 Toronto — Appointment of auditors, in City of 84 Vacancies provided for 84 Provisions relating t(j audit 84 Town Hall — Township may acquire orrent in Town or Village 184 " and othor meetings may be held at 184 Notices may be posted at 134 Towns — Liability of, for maintenance of Court House and Gaol 143 See New Corporations. Townships — See New Corporations. n Trades — By-laws for fixing license fees for exercising. 90 I : INDEX. 333 Tbamways— P^*^^ By-lawB for authorizing building of ■^*^^ Transient Traders — By-laws for licensing and regulating ^"' Travklleks — By-laws for preventing importuning ^^° TUBASURER — See Municipal Officers. Trees — By-laws respecting •••;•• j^^^ " for encouraging the planting of ,...100, 20 j " for clearing highways of 202 Trustees — • Of Police Village • 233 See Schools. Undue Influence— See CoRRurT Practices. Unions — Of Counties. Seniority of, how regulated 1" , Application of laws to |-7 Provisional separation of ; 1' Mode of adjusting and dividing liabilities and property of union 18 Final separation of -^p Iiiipvovemt'uis may bo made by the individual Counties 182 Reeves and Deputy Reeves of Counties interested alone to vote 183 Warden to have casting vote • 1^';* General provisions for borrowing money to apply 183 Treasurer to ])ay over moneys without deduction or percentage 183 Property i:i the County interested alone to be assessed ..•♦. 183 Debentures of County interested to be issued and to bind it as if it were a separate Municipality 183 Of Townships. See Ne'v Corporations. Unmarried Women — May vote on by-laws if qualified 97 Unusual Noises — By-laws for preventing' 1*'7 Vacant Lots — By-laws for the enclosure of • ' 1C8 " for the clearing, draining, etc., of 171 Vaoadonds — May be sent to House of Correction - 142 Vagrants — May be sent to House of Correction 141 " " of Industry 14(> By-laws for restraining and punishing 161 Valuators — Appointment of 82 ~v^'' 334 " INDEX. Vegetables — By-laws respecting sale of Page Vehicles — " *' By-laws for regulatincj and licensing Vessels- l^^' ^82 By-laws for regulating, in harbours.... Vice- l^O By-laws for preventing Victualling Houses— " ^^^ By-laws for limiting and regulating for licensing __ 15C Villages— ^°^ IS'rwO^t'SSr"' "•'• "'""S'""' '"■' '"<■»«"»• i» 202 Votnig of by-laws / Voters— ' ""•• ^^ See Elections. Votes — To be by ballot Counting of " ^-j Re-count 53 Warden— *'' One of the Reeves or Deputy Reeves to be May resign, when ^« i" »e ^^ Election of gg Who to preside at 73 Who to have casting vote 74 Remuneration of 74 Mayandwhcn,^shali;;inp;ci;im;;i;;;g^ "•■••"• '^ To be head of County and provisional Countv ^^ To be a Justice of the Peace ex oi/i,/,....^ 70 After having taken declarations of uu%lidc^ti^u'nJ:'i":^ 12U turn necessary as Justice .:............!; ""^ "^'^^ "" °^^^^^ ^eclara- Wards— 130 New division of Cities and Towns into . Jixisting wards on dissolution of nnim. ,>f t V'"'. 11 Division of Townships into ."."..... ."^.J.';;;^"''"'* *" ^'^^'^ 34 Walks — By-laws for acquiring property for, and managing ^^ for selling when no longer required... " 179 tor acquiring 170 _ _ 107 Water — By-laws respecting Council may contract for'sunpfy of.".".* 148 By-.^ws for preventing laying down of'lw: 153 tor aiding water companies KJO Assent of electors required • KiO Head of Corporation to be a director i^";;;;mp;^yin"c;;^in cas^r;:::::;:::::;:; JS H^tf^ie' INDEX. ^^^ Page Water Courses— ^^^ By-laws fov opening, making, etc. ••"• ^g^ By-laws to prevent obstructions to, etc ' See Local Improvements. Water Works— ^^g May be exempted from taxation ^^^ Bv-laws for construction of :"'"""' '. ion " for constructing and levying annual special rate for payment loo Assent of electors required ^^^ Estimates, etc., tt) be published • ^„„ To bo passed within three months after poll... • _ If rejected, no other to be submitted within the current year jw Not to atiect provisions of any special Act •••• By-laws for fixing price to offer for works or stock of company incorporated ^^^ for the Municipality ••••• -.qq Not to collect water rates until this be done ■ ^^^ Differences to be referred to arbitration Wax Work Exhibitions— __ By-laws for preventing or regulating and licensing Weeds — _ j^^g By-laws to prevent growth of "■' Wells — ^q>j By-laws for establishing public works Wet Lands — ^^2 Council may purchase, drain and dispose of Wharves — ^^g Government Wheels — j^i^2 By-laws for rogulating the width of Widows — gi^ May vote on by-laws if qualilied j^^j Aid may be granted to, of persons killed at hres Witnesses — i^2 Bound to attend on Judge's order ;-V";;""""""';;,V* 72 Not excused from answering (m grounds of self -crimination ^_^ • Such -nswer not to be used against witness On prosecutions for offences against by-laws— ^^^ Complainant compeient witness ■■" -^r^^ Also wife or husband j^3j Compellable to give evidence I"":""-';""""" 131 Ritenaveis municipal officers, etc., not incompetent witnesses ...- i-ii ReSig aw!i-d foJ apprehension of persons guilty of horse «te'aling not to ^^^ discjualify Women (Unmahkied)— ^^ May vote on by-laws if qualified Wood — ji^Y By-laws for regulating the mode of measuring, etc Wooden Buildinos— . ^^g By-laws for regulating the erection of 33^ INDEX. Wooden Fenuks— By-laws for regulating or preventing the erection of 179 Works — By-laws for entering into municipal work jointly with another Municipality.. 197 WoRKHOrsE — Council of City and Town may establish 141 May pass by-laws to regulate the government of'.".'.'.".".".".'.'.' 141 Who may be committed to tj^ By whom may be committed "•••■".. ...l.!..!*!!!!!!!!!!!]!]!! I41 Yards — By-laws for cleaning, draining, etc 1^2 Yearly Rates — See By-Laws ' 11(5 I Page . 179 197 141 141 141 141 113 I J