^^oFiL)^^P^ I ^j CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORNIA LIBRARY CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORNIA LIBRARY CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORNIA LIBRARY 9^e TY OF CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORNIA GC ^ (V /Vv /V (V IV fV^/^yV N^ \XQ ERSITY OF CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORNIA IVERSITY OF CALIFORNIA t) LIBRARY OF THE UNIVERSITY OF CALIFORNIA THE NEW MUNICIPAL MANUAL FOR TIPPER CONTAINING NOTES OF DECIDED CASES, AND A FULL ANALYTICAL INDEX. EDITED BY ROBERT A. HARRISON, B. O. L... \\ BARRISTER-AT-LA W t JOINT EDITOR OF "THE UPPER CANADA LAW JOURNAL," AND EDITOR OP "THE COMMON LAW PROCEDURE ACT, 1856," Ac., Ac., &c. TORONTO: MACLEAft & CO., 17 & 19 KING STREET EAST. 1859" NOTICE. The preparation of an Edition of Municipal Forms haying been strongly pressed upon the Editor of this Work, Clerks of Municipal Councils will oblige him by transmitting to his address, Toronto, by mail, copies of such By-laws and other Municipal Forms as in their respective Municipalities are from time to time prepared, settled, or approved by Counsel, together with the names of Counsel. The copies to be written on foolscap paper, and on one side only. ENTERED. according to Aet of the Provincial Legislature in the year of our Lord one thousand eight hundred and fifty-eight, by EOBKKT A. HARRISON, in the Offie of the Registrar of the Province of Canada. ,, / / 6 IJC fiLMfli TO THE MUNICIPAL COUNCILS OP UPPER CANABA, THIS WORK IS RESPECTFULLY INSCRIBED BY THE EDITOR. s Page 4, line 21, after " Ib" add " If the Council not only refuse to accept the work but order the contractor not to proceed no action will lie on a contract not under seal for the price of the work :" (McLean v. The Town Council of Brantford, 16 U. C. Q. B., 347.) Page 34, at the end of note r, add " "Where a party slept and lived during the week days in a house with other parties, having one common entrance, while his wife and family resided at a village a few miles distant, it was held that he was entitled to vote as a resident house- holder in the village where he lived during the week :" (The Queen ex rel Forwood v. Bartels, 7 U. C. C. P. 533.) Page 34, at the end of note u, add " Upon a question as to the age of a voter, the written memoranda and return of the clergyman who married his father and mother were held to be better evidence than the memory of individuals unaccompanied by any memoranda." (!B.) Page 42, at the end of note e, add " A returning officer who accepts a vote which he knows to be bad, in order to create an equality of votes, and so decide the election by his casting vote, may be compelled to pay the costs of a new election :" (The Queen ex rel Totten v. Benn, 4 U. C. Law Journal 262.) Page 67, at the end of note/, add "It was held under the old statute that a majority of the whole number forming a Provisional Municipal Council of a County must vote at the election of a warden :" (The Queen ex rel Evans v. Starratt, 7 U. C. C. P. 487.) EXPLANATION OF ABBREVIATIONS. U. C. Q. B. The Upper Canada Queen's Bench Reports. U. C. C, P. The Upper Canada Common Pleas Reports. U. C. Pr. R. The Upper Canada Practice Court Reports. U. C. Cham. R. The Upper Canada Chamber Reports. U. C. L. J. The Upper Canada Law Journal, Municipal and Local Courts' Gazette. R. & H. Dig. Robinson and Harrison's Digest of the Upper Canada Reports. PREFACE. In the prospectus issued for this work it was said that the Municipal Laws of Upper Canada are in importance second to none of the laws of the Province, and that every Municipal Corporation is a small Parlia- ment, possessed of extensive but yet limited powers. It was then pointed out, that to ascertain in every case the existence or non-ex- istence of a power the nature of it its precise limit and the mode in which it should be exercised is the object of all who are in any manner concerned in the administration of Municipal affairs. When it is considered, that in the first instance these matters are to be determined by Municipal Councils, seldom containing Members versed in the laws, often acting without the aid of professional advice, the importance of a guide becomes, as said in the prospectus, manifest. That guide it has been the aim of the Editor in the following pages to produce. He now proposes as briefly as possible to state upon what principles and in what manner he has performed his task. The Legislature, having by the consolidated Act of the present year, classified many Municipal enactments and repealed many of those that were 'effete or thereby rendered useless, the Editor with the assistance of legal friends of greater experience than himself, in the first place applied himself to the work of expounding the Consolidated Act by the light of adjudged cases. This he did patiently and assiduously, noting latent difficulties and explaining as far as possible all difficulties of every kind that occurred to him. * The result is a body of notes more elaborate than he contemplated when he began his labors. All decisions reported in time for his pen, have been carefully epitomized and introduced into the notes so written. Having in this manner continued his labors until the completion of the Consolidated Act, he next turned his attention to other Acts of a like kind, promiscuously scattered through the twenty-two volumes containing the Provincial Statutes. Beginning at the first Act he- selected in chronological order such acts as from their nature a person Tl. PREFACE. would expect to find in a Municipal Manual, until he reached the last Act of the kind now in force. The result is a large collection of Acts and parts of Acts added to the end of the Consolidated Municipal Act. One great difficulty which the Editor experienced from first to last, was to publish all Acts at all of use to Municipalities, and yet to keep his book in a single volume of moderate dimensions. To accomplish this, Acts have been abbreviated by the omission of mere formal matter, Acts of a private nature and so of little public utility have been in some places abridged by the statement of substance only, and in others nothing has been given except the title or heading, when expressive of the object. Other Acts, such as those regulating the inspection of Beef, Pork, Ashes and the incorporation of Road and other Companies have, because of their great length and comparatively speaking little general utility, been entirely excluded. So have the Common School and Grammar School Acts. The reason of the exclusion of the latter is that they are contained in " The Educational Manual," a small work within the reach of all, and it is presumed in the possession of all en- gaged in the execution of those Statutes. The arrangement adopted has been the chronological, in preference to the analytical The reason being that by such an arrangement the growth of the law is opened up to public view, while for convenience of reference the addition of a very full analytical Index imparts to the work all the benefits of analysis. Thus, under Toronto, Kingston, Hamilton, &c., in .the Index will be found references to Acts applying specially to these Cities though published in different parts of the Volume. To make the Chronological arrangement still more effective, the Editor has, as a rule, in the margin of each Statute wherever it is altered or affected by a subsequent Statute, made a reference to the sub- sequent statute. The object of this is to guard against reading any one provision as the only or whole law on the subject wherever there are others which ought to be read in connexion with it. For the convenience of the legal profession as well as for the infor- mation of all concerned, the Rules of Court governing contested Municipal Elections, have been added in the appendix and noted in the general Index like other parts of the Work. In the appendix will also be found a form of By-law to contract a debt by borrowing money. The utility not to say necessity of such forms is well known. In the PREFACE. Til. preparation of this edition of the MUNICIPAL MANUAL, the Editor had neither the time nor the materials to enable him to give a complete set of Municipal Forms. He, however, did what he could towards supply- ing the void by preparing a form of a By-law of more general use than that of any other form of By-law. His reasons for so doing were two fold. First, to furnish a model whereby other By-laws may be drawn. And secondly, to furnish a form for that By-law, which of all others must essentially be correct both in form and in substance. Great responsibility rests upon those who undertake to prepare by- laws, on the legality or illegality of which large monied transactions are made to depend. Some form must be observed ; and yet a close adherence to technical nicety may in certain cases work positive injustice. Were it possible to secure for money by-laws the stamp of legality, so as to remove all suspicion of informality, irregularity or illegality, the effect would be eminently beneficial. It would beget a spirit of confidence, alike of advantage to the seller and to the buyer of Municipal deben- tures. Less room would be left for speculation or trade in the fears of men or contingencies of law, and more stability be imparted to the ne- gotiation of Canadian Municipal Securities; one consequence of which and not the least would be, that the market value of all such securities would be proportionably increased. The only mode likely to attain so desirable an end that at present occurs to the Editor, would be to require all by-laws of this kind to be approved by some public functionary, and, when approved, to be unimpeachable on the ground of informality or want of technical accuracy. Such is the principle applied to by-laws passed to raise money on the credit of the Consolidated Revenue Fund. It is enacted, that " no informality or irregularity in any such by-law, or in the proceedings relative thereto, anterior to the passing thereof, shall in any manner affect the validity thereof, after the Governor- General in Council shall have approved of such by-law ; but the order in Council approving such by-law shall be held to cover any such informality or irregularity, and the by-law shall be valid to all intents and purposes." (16 Vic. cap'. 123, sec. 5.) It is easy to perceive how efficacious would be this seal of approval, if applied to all money by-laws. The object of it is to secure the confi- dence of the public. That object is as much needed in the case of any ordinary money by-law, as one to raise money on the credit of the Till. PREFACE. Consolidated Municipal Loan Fund; and if beneficial in the one case, the Editor cannot help suggesting that the benefits ought, by some appro- priate machinery, to be extended to all similar cases. Indeed the Legislature have, in other instances, partially affirmed the principle. It is by the Consolidated Municipal Act enacted, that " in case a by-law by which a rate is imposed has been specially promulgated in the manner specified, no application to quash the by-law shall be entertained after six calendar months have elapsed since its promulgation," (sec. 195,) and that " in case no application to quash any by-law so specially pro- mulgated is made within the time limited for that purpose, 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 any thing within the proper competence of the Council to ordain, prescribe or direct, shall, notwithstanding any want of substance or form, either in the by-law itself or in the time or manner of passing the same, be a valid by-law." (Sec. 200.) With these observations, the present edition of the MUNICIPAL MANUAL is submitted to the public. Of the public, the Editor has only one request to make. It is, that imperfections are not to be attributed to neglect, but to circumstances such as want of time and want of space over which he, however well disposed, had no control. QUEEN STREET WEST, December, 1858. TABLE OF CASES. PAGE. ALLEN & Walker, (2 M. & W. 317) 103 Anonymous, (15 Uik 44) 34 Attorney General & Wigan, (18 Jur. 299)..,- 109 BAKER & The Municipal Council of Paris, (1 U. C. Q. B. 621) 93, 94, 127, 128 Barclay and Township Council of Darlington, (11 U. C. Q. B. 470) 5, 98... 128 Bartlett& Smith, (11 M. & W. 486) 218 Bartlett & The Municipality of Amherstburgh, (14 U. C. Q. B. 151) 4 Baxter & flersin, (12 U. C. Q. B. 139) 131 Bell & The Municipality of Manvers, (2 U. C. C. P. 507) 138 Bessey & The Municipal Council of Grantham, (11 U. C. Q. B. 155) 94 Billings & The Municipal Council of Gloucester, (10 U. C. Q. B. 273).. 94 Blow v. Russell, (1 C. & P. 365) 99 Boulton & The Town Council of Peterborough, (16 U. C. Q. B. 380) 190 Brady v. Jones, (2 D. & R. 305) 99 Brown & The Municipal Council of Sarnia, (9 U. C. Q. B. 87) 98, 178 & The Municipal Council of York, (9 U. C. Q. B, 453) 95, 171 Bruce v. Bruce, (2 B. & P. 229 n.) 78 Bryant & The Municipality of Pittsburgh, (3 U. C. Q. B. 347) 112 Buchart & The Municipality of the United Townships of Brant and Carrick (6 U. C. C. P. 130) 93 CJSSAB, & The Municipality of Cartwright (12 U. C. Q. B. 341) 93 Cameron & the Municipal Council of East Nissouri (3 U. C. Q. B. 190). ..85, 111 Canada Co. & The Municipal Council of Oxford, (9 U. C. Q. B. 567) 85, 110 111 Carey & Tate, (6 U. C. 0. S. 147). 210 Carter & Sullivan, (4 U. C. C. P. 298) 22 Case of Corporations, (4 Co. 77) 86 Christmas v, Eicke, (6 D. & L. 156) 60 Choate & The Municipality of the Township of Hope, (6 U. C. Q. B. 424)... 181 Church quitam v. Richards, (6 U. C. Q. B. 562)....... 132 Clarke v. Durham, (R. & H. Dig. 431) 431 Cochran v. Heslap, (3 IL C. C. P. 440) 179 Codringtonv. Curlewis (9DowlP. C. 968) 96 Cole v. Blake, (Peake 179) 99 Collins v. Swindle, (4 U. C. L. J. 42) 106 Conger & Peterborough Municipal Council (8 U. C. Q. B. 349) ...93, 178 Carter & Kent Water Works Co., (7 B. & C. 314).. , 109 Coyne & The Municipal Council of Dunwich, (9 U. C. Q. B. 309) 95, 128 Croft & The Town Council of Peterborough, (5 U. C. C, P. 141) 98, 178 DANIELS & The Municipal Council of the Township of Burford, (10 U. C. Q. B. 478). 79, 85, 93 Davies v. Morgan, (2 C. & J. 237)..... 60 Dayison et al v. Gill, (1 East 64) 38 Dawson v. Wilkinson, (Cases T. Hard 381) 109 X. TABLE OF CASES. PAGE. Dela Haye & The Municipality of the Gore of Toronto, (2 U. C. C. P. 317) 93 Dennis & Hughes, et al (8 U. C. Q. B. 444) 171, 172, 178 Dickson (Executors of) & The Municipal Council of the Village of Gait, (9 U. C. Q. B. 267) 177 Douglass v. Patrick, (3T. R 684) 99 Duiganans Case, (All El. cases 114) 76 Duke of Maryborough, In re (13 Jur. 738) 174 EAST Lincolnshire Railway Act, (1 Sim. N. S. 260) 175 Euphrasia Township Clerk, In re (12 U. C. Q. B. 622) 93 FAIRY. Moore, (3 U. C. C. P. 484) 4, 88 Farrell & The Mayor and Town Council of London, (12 U. C. Q. B. 343)... 3 Fetterly & The Municipality of Russell and Cambridge, (14 U. C. Q. B. 433) 4 Fisher & The Municipal Council of Vaughan, (10 U. C. Q. B. 492) 5, 85, 94, 2, 171, 173 Fleming v. McNaughten, (16 U. C. Q. B. 194) 22 Fletcher & The Municipality of Euphrasia, (13 U. C. A. B. 126) 89, 110 Fraser & The Municipal Council of the United Counties of Stormont, Dundas and Glengarry, (10 U.C. Q. B. 286) 93 Frith & Donegal, (2'DowlP. C. 527) 60 GATES v. Tinning, (3 U. C. Q. B. 295) 147 Gibson v. Musket, (3 Scott N. R. 429)... 45 Glick & Davidson, (15 U. C. Q. B. 591) 22 Goggs v. Huntingtower, (15 U. C. Q. B. 591) 59, 60 Graystock & The Municipality ofOtanabee, (12 U. C. Q. B. 458) 128 Greerson & The Municipal Council of Ontario, (9 U. C. Q. B. 623) 85, 94 EARNER'S Estate, In re (16 Jur. 1063) 175 Hawk and Ballard, In re (3 U. C. C. P. 241) 28, 65, 79 Hawke and the Municipality of Wellesley (13, U. C. Q. B. 636) 112, 124 Hawkeshaw and The District Council of the District of Dalhousie (7 U. C. Q. B. 590) 124 Hawkins and The Municipal Council of .Huron Perth and Bruce, (2 U. C. C. P. 72) 5 Hespeler, Inre(16U. C. Q. B. 104) ... 145 Hill and The Municipal Council of the Township of Walsingham (9 U.C. Q. B. 310 94, 116 Hirous et al and The Municipal Council .qf Amhertsburgh (11 U. C. Q. B. 458) 93 Hodgson and The Municipal Council of York and Peel {3 U. C. Q. B. 268)... 94 Hopkins and the Mayor of Swansea (4 M. & W. 460) 84 Huron District Council and London District Council (4 U. C. Q. B. 302) ..... 3 JACKSON v. Jacobs (3 Bing. N. C. 869) 99 Jennings v. Turner (8 C. & P. 61) 99 Johnston v. Reesor et al (10 U. C. Q. B. 101) 171 Jones v. Johnson (6 Ex. 862, 7 Ex. 452) 109 Justices Huron District v. Huron District Council (5 U. C. Q. B. 574) 124 KENNEDY v. The Municipal Council of Sandwich (9 U. C. Q. B. 326)... 84, 106 Keyley v. Manning (Cro. Car. 180) 16 King (The) v. Chappel Warden of Bradford (12 East, 556) 109 ~ v. do. of Haworth (12 East, 556). 109 v. Duke of Richmond (6 T. R. 560) 78 TABLE OF CASES. XI. PAGE. King (The) v, Eyles (Cald. S. C. 414) 76 v. Gibbs (1 East, 173) 212 v. Higgins (2 East, 33) 212 v. Inhabitants of North Curry (4 B. & C. 961) 78 v. Justices of Flintshire (5 B. Al. 761) 109 v. of Huntingdonshire (5 D'. &. R. 588) 63 v of Shropshire (8 A. & E. 173) 41 v of Worcester (7 Dowl, P. C. 789) 53 v. Lane (2 Rayd, 1033) 68 v. Mayor of Ripon (1 Rayd, 663) . ... 68 v. Mitchell (10 East, 511) 78 v. Respell (3 Burr, 1320) 212 _ v. Sanderson (3 U. C. 0. S., 103) 181 v. Sargent (5 T. R., 456) 78 v. Scritch (4 Mod., 379) 212 . v. Spencer (3 Burr, 1838) 86 v. Summers (3 Salk. 194) 212 -v. Taylor (2 Str. 1167) 156 v. Tedderley (Sid. 14) 68 v. Wavell etal. (Doug. 116) 109 Kraus v. Arnold (7 Moo. 59) 99 LAFFERTY v. The Municipal Council of Wentworth and Halton (8 U. C. Q. B. 232) 95, 172, 173 Leatherdale v. Sweepstone (3 G. & P. 342) 99 1I MAQRATH v. The Municipality of the Township of Brock, (18 U. C. Q. B. 629) 98 Mallough v. The Municipality of Ashfield, (6 U. C. C. P. 158) 159 Marsdenv. Goode, (2 C. & K. 133) 99 McAvoy v. The Municipality of Sarnia (12 U. C. Q. B. 99).. 128 McGill v. The Municipal Council of Peterborough, (9 U. C. Q. B. 562). ..9, 398 Mclntyre v. The Municipal Council of Bosanquet, (11 U. C. Q. B. 460)... 171 McKenize v. The Mayor, Aldermen and Commonalty of the City of Kingston, (13 U. C, Q. B. 634). 98 McWhirter v. Corbet, (4 U. C. C. P. 203) 22 Mellish v. The Town Council of Brantford, (2 U. C. C. P. 35) 102 Middlesex Co. v. City of London, In re. (14 U. C. Q. B. 334) 224 Milburn v. Milburn, (4 U. C. Q. B. 179) 99 Mitchell v. Foster, (9 Dowl P. C. 527) 41 v. King, (6C. & P. 237) 99 Moore v. Jarron, (9 U. C. Q. B. 233) 177 NORRISV. Stubbs, (Hob. 86) 86 Northumberland and Durham v. Bull etal, (8 U. C. Q. B. 375) 3 ORRV. Ramsay, et al (12 U. C. Q, B. 377) 135 PERRIN v. The Town Council of Whitby, (13 U. C. Q. B. 564) 94, 110 Phillips' case (Allcock Regn Cases, 20) 76 Pigeon v. Bruce, (8 Taunt 410) 60 Plaseton et al v. Smith, (1 U. C. Prac. R. 225) 18 Pringle v. McDonald, (10 U. C. Q. B. 254) 79 Purdy v. Farley, (10 U. C. Q. B. 545) 181, 182, 183 Xii. TABLE OP CASES. PAGE. THE QUEEN v. Aston, (1 L. M. & P. 491) 53 v. Council of Perth, (14 U. C. Q. B. 156) 195 v.Cummings (4 U. C. L. J. 182) 83 v. District Council of Gore, (5 U. C. Q. B. 357) 79, 138 v. France, (21 L. J. Q. B. 304) 33 v . Municipal Council of Perth, (14 U. C. Q. B. 156) 73 v. Smith, (4 U. C. Q. B. 322) 74 v. Tinning, (11 U. C. Q. B. 636) 145 v. Yarrington, (1 Salk. 406) 212 v. York, (2 Q. B. 847) 33 ex rel Beaty v. O'Donahue, (3 U. C. L. J. 75) 55, 56, 63 ex rel Blaisdell v. Rochester, (12 U. C. Q. B. 630) 67 ex rel Clark v. Mullen, (4 U. C. Q. B. 467) 58 ex rel Coleman v. O'Hare, (2 U. C. Prac. Rep, 18) 33 ex rel Davis T. Wilson, (3 U. C. L. J. 165) 42, 62 ex rel Davy v. Bogart et al, (2 U. C. Pr. R. 18) 57 ex r el Dundas v. Niles, (1 U. C. Cham. Rep. 198) 42 : ex rel Gardner v. Perry, (M. S. 462) 62 ex rel Gibbs v. Brannigan, (3 U. C. L. J. 127) 62 ex rel Greely v. Gilbert, (16 U. C. Q. B. 263) 44 ex rel Hall v. Gray et al, (15 U. C. Q. B. 257) 42 ex rel Helliwell v. Stephenson, (1 U. C. Cham. Rep. 270) 42 ex rel Lawrence v. Woodruff, (8 U. C. Q. B. 336) 58 ex rel Loyall v. Ponton, (2 U. C. Prac. Rep. 18) 57 ex rel McKepwn v. Hogg, (15 U. C. QTB. 140) 63 ex rel Metcalfe v. Smart, (10 U. C. Q. B. 89) 31, 58 ex rel Mitchell v. Adams, (1 U. C. Cham. R. 203) 57 ex rel Moore v. Miller, (11 U. C. Q. B. 465) 33 ex rel Rosebush v. Parker, (2 U. C. C. P. 15) 57 ex rel Stock v. Davis, (3 U. C. L. J. 128) 31 ex rel Swan v. Rowat, (13 U. C. Q. B. 340 ex rel Taylor v. Caesar, (11 U. C. Q. B. 461 ex rel Wilson v. Davis, (3 U. C. L. J. 165 62 34 44 RAINES v. The Credit Harbor Company, (1 U. C. Q. B. 174) 124 Ramsay v. The Western District Council, (4 U. C. Q. B. 374) 4 Reid v. The Mayor, Aldermen and Commonalty of Hamilton, (5 U. C. C. P. 629) 98, 178 Richmond v. The Municipalities of the Front of Leeds and Lansdowne, (8 U. C. Q. B. 567) 184 SAMS v. The City of Toronto, (9 U. C. Q. B. 181) 5, 93, 94 Sells and the Municipality of St. Thomas, (3 U. C. C. P. 286) 110 Sheldon v. Law, (3 U. C. 0. S. 85) 147 Simpson v. Ready, (12 M. W. 736) 33 Smith v. The Municipal Council of Euphrasia, (8 U. C. Q. B. 222) 171 v. The United Counties of Prescott and Russell, (10 U. C. Q. B. 282) 124 v. Wintle, (Barnes 405) 60 Snook et al v. The Town Council of Brantford, (13 U. C. Q. B. 621) 98 178 Spafford v. Hubbel, (R. & H. Dig. 294) 201 Stewart's Estate In re, (16 Jur. 1053) 175 Strong v. Harvey, (3 Bing. 304) 99 Sutherland v. The Municipal Council of East Nissouri, (10 U. C. Q. B. 626) b7, 94, 95 Swinfen v. Swinfen, (3 Jur. N. S. 585) , 90 TABLE OF CASES. Xlll. PAGE. THOMPSON v. Hamilton, (5U. C. 0. S. Ill) 99 Toderv. Sansam, (1 Bro. P. C. 6G8) 34 Townee's Case, (2 Rayd. 1009) 1 Trimbey v. Vignier, (1 Bing. N. C. 151) 102 Tylee Y. The Municipality of Waterloo, (9 U. C. Q. B. 592) ... 108, 111, 112 WARREN v. Love, (7 Dowl. P. C. 602) 96 Whethamv. Thomas, (7 M. & G. 1) Wilkes v. The Town Council of Brantford, ( 3 U. C. C. P. 470) 212 Wilson v. The Municipal Council of the County of Elgin, (13 U. C. Q. B. 218) HO Y The Municipal Council of the Town of Port Hope, (10U. C. Q. B. 405) 197 Wiltv. Lai, (7 U. C. Q-B. 535) 145 Woods v. Reid, (2 M..-&W. 777) 109 Wortleyv. Glover, (2 Str. 877) 59 Wright v. The Municipal Council of the Town of Cornwall, (9 U. C. Q. B. 442) 8, 138 LIST OF ACTS IN WHOLE OR IN PART PUBLISHED IN THIS VOLUME. oo OFO III CAP 7 PAGE. 238 CAP 8 239 on fiEO III CAP 3 .... 240 fif) frEO III CAP 5 ... 241 GEO IV CAP 14 241 A GEO IV CAP 16 241 CAP. 35 243 c GEO IV CAP. 5 243 7 GEO IV CAP. 15 243 CAP 16 . . 243 (1FO IV CAP 2 . . 244 CAP 4 ... 245 10 GEO IV CAP 13 245 CAP 14 246 H GEO IV CAP 15 246 CAP. 16 246 CAP. 36 691 I \VM TV CAP. 8 246 WM IV CAP 19 247 g WM IV CAP 38 247 4 WM IV CAP 19 247 CAP 20 247 CAP. 21... .. 248 PAGE. 5 WM. IV. CAP. 10 248 CAP. 20 250 CAP. 21 250 CAP. 26 250 7 WM. IV. CAP. 58 251 CAP. 59 .... 251 1 VIC. 2 VIC. 3 VIC. CAP. 21 251 CAP. 21 251 CAP. 13 252 CAP. 14 252 CAP. 17 253 CAP. 73 253 VIC. CAP. 43 254 CAP. 70 255 CAP. 75 266 CAP. 5 256 CAP. 7 258 CAP. 14 267 CAP. 36 268 CAP. 39 269 CAP. 40 270 CAP. 42 270 8 VIC. CAP. 6 ,. 270 XIV. LIST OF ACTS. 8 VIC. CAP. 11 PAGE. 275 13 & 14 VIC. CAP. 85 PAGE. . . 419 CAP. 15 276 CAP. 86 .. 420 CAP. 20..... 277 CAP. 88 421 CAP 34 285 CAP 80 421 CAP. 38 286 CAP. 90 421 CAP 44 .. 287 14 & 15 VIC. CAP. 4 421 CAP 50 . 289 CAP 5 423 CAP. 66 .... 290 CAP. 30 435 9 VIC CAP 9 291 CAP. 31 435 PAP 202 CAP QG A0f\ PAP 00 293 CAP 39 4qc PAP KQ 294 CAP 49 4QQ 10 & 11 VIC PAP 1 299 CAP 51 444 CAP 1 Q 303 CAP 57 445 CAP 305 'CAP 73 446 CAP 5>> 306 CAP 77 448 PAP r v1 306 CAP 83 451 12 VIC CAP 5 306 CAP 111 455 CAP 3 308 CAP 1 9 3 456 CAP 10 .. 315 16 VIC. CAP. 5 .. 456 CAP. 11 .. 322 CAP. 21 .. 459 CAP 27 823 CVP 22 . 459 CAP 35 329 CAP. 31 .. 472 CAP 78 348 32 .. 472 CAP. 80 . 353 .- CAP. 33 .. 475 CAP 81 356 ..... CAP 34 475 Op 85 370 Cvr 36 .. 476 CAP 87 376 CAP. 95 .. 477 CAP. 90 377 CAP. 96 .. 479 CAP 91 378 CAP 97 480 PAP 92 379 Cir 13 482 CAP 94 381 CIP 126 484 CAP 95 381 CAP. 152 .. 485 CAP. 96 382 CAP. 163 .. 490 CAP 98 . 383 Cvr 164 .. 493 CAP 99 384 CVP 160 499 CAP 100 385 170 .. 499 CAP. 101 . 385 Q AP 178 .. 500 CAP. 102 .. 386 CAP. 182 .. 500 CAP 197 . . 386 Cvr 183 .. 539 CAP 200 392 - CAP. 186 .. 546 13 & 14 VIC. CAP 13 393 CAP. 219 .. 646 CAP 14 394 Cvr 221 555 CAP m . 397 CIP 222 555 CAP ?i 400 CAP 223 . . . .. 555 CAP 51 400 CAP 994 555 CAP 64 402 CAP. 226 .. 5f,5 CAP 60 407 CVP 227 555 CAP 71 .. 409 CVP 228 . ... . 556 CAP 71 .. 410 CVP 229 .. 556 CAP 7*1 417 CAP 230 556 CAP 77 418 18 VIC. CAP. 2 .. 556 CAP 7S 418 Cvr 21 .. 559 CAP. 84 .. 419 * CAP. 23 .. .. 560 LIST OP ACTS. XV. 18 VIC. CAP. C^P 25 PAGE. .. 561 19 & 20 VIC. CAP. CAP. 98 99 100 108 109 127 129 130 140 7 8 12 18 20 26 28 36 55 66 71 72 73 75 76 77 78 79 80 81 82 83 84 85 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 PAGE. 606 26 561 609 609 CAP. p.p 27 . 562 Cvr 28 562 609 PAP 29 563 CAP 610 p.p 58 .. 69 563 C vr 610 CAP. fir 565 C vr 610 610 . 611 8 9 566 Cvr r\p 83 ... 566 CAP. 20 VIC. CAP. CAT CAP. Pip 119 ... 570 613 615 573 fJ*AP 129 575 Cvr 615 p.p 135 576 CAP 616 TAP 137 .. 576 Cvr 616 CAP. CAP 138 . ... 577 Cvr 618 140 .. 145 . ... 579 Cvr 619 CVP ... 580 Cvr 622 623 CAP 146 .. ... 581 CAP CAP 147 .. . 581 Cvr 624 p.p 148 581 p.p 629 p.p 149 583 fir 630 p.p 150 583 p.p 630 Hip 151 .. 152 583 p.p 631 RAP 583 p A P 632 p.p 153 583 p, r 633 p.p 154 584 PAP 633 633 CVP 155 .. 156 .. 171 . 584 p, r CAP 584 p.p 634 C\P . . 584 Cvr 639 CAP 173 584 P,P 639 19 & 20 VIC. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. CAP. 16 - 585 Cvr 639 17 586 Cir 639 18 587 CAP . 640 35 588 CAP 642 36 588 Cvr 642 37 588 CAP 642 38 588 - CAP . .. 644 39 588 CAP. 644 49 . 588 CAP. 644 60 590 644 61 590 Cvr 644 62 590 Cvr 646 647 63 691 CAP fi4 KQO p.p 648 fififl C.Z 5Q2 CAT 6fi 5Q2 Cvr 650 67 595 CAP 651 68 595 Cvr 651 80 596 Cvr 652 81 596 Cvr 653 94 596 Cvr 654 95 597 Cvr 655 96 600 Cvr 656 97... .. 601 CAP. .. 657 XVI. LIST OF ACTS. 20 VICTORIA, CAP. 108 PA mo PAGE. P.KQ 20 VICTORIA , CAP. CAP. 1 .. PAGE. 221 662 fiSQ 222 662 663 PAP 110 658 CKQ 22 VIC. CAP. - CAP. p . _ 111 18 663 L/AP. Ill PAP 112 PAP 113 P.AP. 114 PAP. 115 659 659 659 659 CAP. CAP. CAP. CAP. 14 ,, 15 41 42 , 664 664 665 666 CAP. 116 CAP. 180 CAP. 190 PAP 19* PAP 1 QQ 660 660 660 660 fifiO . CAP. CAP. CAP. CAP. , CAP. 43 .. 44 , 45 .. 46 .. 47 .. 667 667 668 669 670 CAP. 200 660 660 661 661 CAP. TAP 48 4Q 670 870 - - CAP. 201 . CAP. CAP. PAP KO R70 CAP. 202 51 fi70 .. CAP. 203 RQ , CAP. 204 661 TAP 60 671 CAP. 2^5 661 PAP 80 671 . CAP. 206 661 661 661 661 TAP 82 671 CAP. 207 PAP 91 677 CAP. 208 TAP 100 683 CAP 09 PAP 686 CAP 210 662 CAP. P AP 112 688 ... p, AP 211 662 .... 662 113 .. 688 CAP- 213 CAP 114 .. 688 CAP. 218 .. 662 CAP. 115 ,, .... 688 THE MUNICIPAL MANUAL. 22 VIC. CAP. 99. An Act respecting the Municipal Institutions of Upper Canada, (a) [Assented to 16th August, 1858.J HER MAJESTY, by and with the advice and consent of the Preamble. Legislative Council and Assembly of Canada, enacts as fol- lows : (a) It has been objected to Statutes, both Imperial and Colonial, that the sections are generally loaded with a redundancy of provisoes and a no less redundancy of words. For the first, the remedy sug- gested is distinctness ot subjects, short clauses, short sentences, aud the avoidance of useless tautology. For the second, the use of the present instead of the future tense, which is a more familiar style of writing, and prevents the frequent use of the word " shall" as a mere auxiliary, expressing the future at one time and obligation or penal consequences at another. So far as the editor can judge, the framers of this act, alive to the nature of such objections, have not failed to supply the appropriate remedies. The absence of proviso upon pro- viso, and the substitution of short and complete clauses, manifests a laudable desire to avoid all ground of objection on the first head. The use of the present, instead of the future tense throughout the act also attests the anxiety of the framers to avoid obscurity. The pro- priety of this course depends upon the principle, that in a statute as at common law, the law is supposed to be at all times speaking The use of the future tense rests upon the principle that a statute speaks at and from the time that it becomes a law, and that so speaking, as it were prospectively, its provisions must be expressed in the future tense. If it be a correct rule that a law speaks at all times as ever present, the correctness of framing it in the present tense cannot be denied, and this, whether the law is to be applied to present cr passing, or to past, or to future events. This style pervades some important imperial statutes, such as the 15 & 16 Vic. cap. 44, and the 17 & 18 Vic. cap. 104, both of which are not only modern, but drawn with unexampled care. The effect of reading a statute thus framed, is that the Legislature is regarded as always present pro- nouncing the law so long as the law exists the consequence of which- is that the law meets every event to which it is applicable, as the event arises. When it is considered that this act is for the guidance and. B THE MUNICIPAL MANUAL. 1. This Act shall come into force on the first day of Decem- mtjntof Act. ber, one thousand eight hundred and fifty eight. (6) EXISTING INSTITUTIONS CONTINUED. . The inhabitants of every County, City, Town, Village, Township, Union of Counties, and Union of Townships, incor- porated at the time this act takes effect, shall continue to be a body Corporate, and every Police Village then existing shall continue to be a Police Village, with the Municipal boundaries of every such Corporation and Police Village respectively then established, (c) government of Municipal Councils, themselves law-makers, through- out the length and breadth of Upper Canada, the importance of sim- plicity and perspicuity cannot be overrated. In the same spirit, we find the old system of numbering sections by Roman numerals aban- doned in favor of the plain or Arabic numerals. Even by the most literate the figures "318" are, as symbols of numbers, more easily recognized than "CCCXVIII." The idea conveyed by the one is as it were intuitive to the mind, the other is acquired by a m> ntal pro- cess more or less prolonged. In other words, what is known in the one case the moment the eye sees it, in the other is only known by a process of as it were spelling. Though small in itself, this change will be great and beneficial in its consequences, and is highly to be commended. The act and every provision of it is to be deemed re- medial. Whether its immediate purport is to direct the doing of any thing which the Legislature deems for the public good, or to prevent or punish the doing of anything which it deems contrary to the public good, the act is to receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of its passing, and according to its true intent, meaning and spirit. (12 Vic. cap. 10, s. 5, sub-s. 28.) (4) From the moment this act takes effect, several statutes and parts of statutes, inconsistent with it and specifically described, are by express enactment repealed. (See sec. 403.) On every act pro- fessing to repeal or interfere with the provisions of a former law, it is a question of construction whether it operate as a total, partial, or temporary repeal. The word "repealed" is not to betaken in an absolute, if it appear upon the whole act to be used in a limited sense. Where several acts of parliament upon the same subject had been totally repealed, and others repealed in part, it was held that it must have been the clear intention of the legislature that only the part of an act particularly pointed out should be repealed. (Dwarris on Statutes, 534.) The law does not favor a repeal by implication. Where however between an old and a later statute or legislative pro- vision there is a plain repugnancy, the latter, as being the last de- clared intention of the legislature, must be taken to have superseded the former. (Ib. p. 533.) (c) Under the 175th and 176th sections of the repealed Statute 12 Vic. cap. 81, it was held that the Township Councils and not County Councds were entitled to receive money due to the old District Coun- THE iMUNICIPAL MANUAL. 3. The Trustees of every Police Village existing when this Act takes effect, shall be deemed the trustees respectively villages, of every such Village as continued under this Act. (cc) NAMES AND GOVERNING BODY. 1. CORPORATIONS. 4L. The name of every Body Corporate continued or erec- Names of ted under this Act, shall be The C rporation of the County, Corporations City, Town, Village, Township, or United Counties, or United Townships, (as the case may be) of (naming the same.) (d) cils, when the debt was due to the locality, as for making roads in a township. (Municipal Council of the United Counties of Northumber- land and Durham v. Bull et al, 8 U. C. Q. B. 375.) (cc) See sec. 406 et seq. (d] Words making any number of persons a Corporation or body politic and corporate, are construed to vest in the Corporation power to sue and be sued contract and be contracted with by their corporate name to have a common seal, and to alter and change the same at their pleasure, and to have perpetual succession, and power to acquire and hold personal property or moveables for the purposes for which the Corporation is constituted, and to alienate the same at pleasure, and also, when not otherwise provided, to vest in a majority of the members of the Corporation the power to bind the others by their acts, and also to exempt the individual members of the Corporation from personal liability for its debts or obligations or acts, provided they do not contravene the provisions of the Act incorporating them. (12 Vic. cap. 10, sec. 5, subsec. 24 ; see also 7 Wm. IV. cap. 14, s. 14.) To consider these powers more in detail. The first in order is "to sue and be sued." A Municipal Corpo- ration, like an individual, under the limitations involved in its con- stitution and organization, may have recourse to the Courts of the country to enforce rights and redress wrongs. So one Municipal Corporation may sue another. (Huron District Council v. London District Council, 4 U. C. Q. B. 302.) So a Municipal Corporation may be sued for a breach of contract, and in certain cases for wrong- ful acts not arising out of contract. Thus a Municipal Corporation may be sued for malfeasance, for instance, illegally obstructing a drain or water course, so as to injure the owner or owners of land adjoining. To support an action against a Municipal Corporation of the nature suggested, although it is not necessary to show any authority under seal to the person or persons who under the supposed instructions of the Corporation actually did the wrongful act, some- thing must be shewn to connect the Corporation as a body with the doing of the act. (Farrell v. The Mayor and Town Council of Lon- don, 12 U. C. Q. B. 343.) If the Corporation had aright to do that which they are charged to have wrongfully done, it seems they may plead in general terms that they did the act complained of as they lawfully might for reasons assigned. (Brown v. The Municipal Council ofSarnia, 11 U. C. Q. B. 87,) 4 THE MUNICIPAL MANUAL. Name of g The inhabitants of every Junior County upon a Provisional _. . . . _ .. , . , J . , j f Corporations Provisional Council being or having been appointed for The second power is to " contract and be contracted with." It is a principle applicable to all Corporations, that they must contract under soil. To this principle there are some exceptions. One of some mjment has been created with regard to Municipal Corporations. It is that such a Corporation is liable to be sued in an action of debt on simple contract for the price of goods furnished, or labor done at their request and accepted by them. (Fetterly v. The 'Municipally of Rus- sell a ,d Cambridge, 14 U. C. Q. B. 433.) Though in such a case there be no contract under seal, the law implies an undertaking by a Cor- poration to pay for labor and materials employed in their service, and of which they have accepted and are enjoying the benefit, provided the purpose tor which the labor and materials have been applied is one clearly within the legitimate object of their charter. (Barilett v. The Municipality of Amherstburgh, 14 U. C. Q. B. 152.) The excep- tion, however, does not extend to work, c., to be done, but is con- fined to work in fact done and accepted. Thus no man can sue a Municipal Corporation for not allowing him to make, for example, a road unless he show a contract under seal binding the corporation to allow him to do that which he says they wrongfully prevent. (Ib } An individual dealing with a corporation, through its council or the mem- bers of the governing body, is bound to notice the objects and limits of their powers and the manner in which those powers are to be exer- cised, and it is of much consequence that it (should be borne in mind that their acts -when beyond the scope of their authority or done in a manner unauthojized, are in general nugatory and not binding on the corporation. (Ramsay et al v. The Western District Council, 4 U. C. Q. B. 374.) No action can be sustained for a breach of duty against the head of a Corporation in not applying the seal to make a contract between the Corporation and an individual, founded on a refusal which (if there had been a previous valid contract) would have constituted a breach of it; in other words, there cannot be a remedy against the head of a Corporation, equivalent to a remedy on the contract against the Corporation, bad the contract been duly made so as to create a valid and binding agreement. (Fair v. Moore, 3 U.C.C.P. 4b4.) See further, notes to sec 221 and following sections. The powers of a Municipal Corporation to have a common seal, &c., to acquire and hold personal property or moveables, &c., and alienate the same at pleasure are too well known, and too thoroughly under- stood to need comment in this place. The right of a corporation to acquire, hold and alienate real estate, generally depends upon the special provisions of the statute or charter. The power, when not otherwise provided, of a majority to bind the others by their acts, and also the exemption of individual members of the Corporation from personal responsibility will engage attention hereafter. The next subject which it is proposed to consider is the corporate name of the Municipal Corporation. It is The Corporation of ths County, City, Town, Village, Township, or United Counties, or United Townships (as the case may be) o/ (naming them). Thus, "The Cor- poration of (the City of Toronto),' and not as heretofore " The Mayor, Aldermen, and Commonalty of the City of Toronto." So " The Cor- poration of (the County of Middlesex,)" and not as heretofore " The THE MUNICIPAL MANUAL. the County, shall he a Body Corporate under the name of The Provisional Corporation of the County of (naming it.) 6. The powers of every Body Corporate under this Act, shall be exercised by the Council thereof. 2. POLICE VILLAGES. 7. The Police regulations of every Police Village, shall be enforced through the Police Trustees. NEW MUNICIPALITIES. COUNTIES AND TOWNSHIPS. 8. The inhabitants of every County or Union of Coun- Extension of ties erected by Proclamation into an independent County or Union of Counties, and (e] of every Township or Union of Town- ties, ships erected into an independent Township or Union of Town- ships, and of every locality erected into a City, Town, or Incorporated Village, and of every County or Township sepa- rated from any Incorporated Union of Counties or Townships, and of every County or Township, or of the Counties or Town- ships if more than one, remaining of the Union after the separation, being so erected or separated after this Act takes effect (/), shall be a Body Corporate under this Act. NEW POLICE VILLAGES. O. On the Petition of any of the inhabitants of an unin- NewPo]k corporated Village, the Council or Councils of the County or Tillages. Municipal Council or Municipality of the County of Middlesex, &c." The proper corporate name of a Municipal Corporation ought to be used on all occasions, and in all places. Kut it has been decided that a By-law of a Municipal Council is valid if it appear on the face of it to have been enacted by a Municipal body having authority to make the By-law under the Municipal Laws. (In, re Haukins v. The Municipal Council of Huron, Perth, and Bruce, 2 U. C. C. P. 72 : Fisher v. The Municipal Council of Vaughan, 10 U. C. Q. B. 492 : In re Barclay and the Municipal Council of Darlington, 1 1 U. C. Q. B. 470 ) It was however held differently as to the in;itling of a rule in a proceeding against a Municipal Corporation. (In re Sams v. The Corporation of Toronto, 9 U. C. Q B. 181.) Now that uniformity in name has been established, it is apprehended the Courts will be less inclined than ever to overlook laxness in the description of corporate names. (?) In reading this section, the word? " the inhabitants" are to be- understood as repeated in each succeeding clause, that is, before the wor 's " of every," wherever they occur. (/) Section 2 applies to existing corporations, but this section seems to be prospective only, that is, applicable only to Municipali- ties her> after to be erected, and applies to them by whatever authority created. THE MUNICIPAL MANUAL. Counties within which the Village is situate, may, by By-law, . erect the same into a Police Village, and assign thereto such limits as may seem expedient, (g) NEW INCORPORATED VILLAGES. 1O. When the census returns of an unincorporated Vil- U " ^ a e (^ w * tn * ts i mme diate neighbourhood, taken under the County ' direction of the Council or Councils of the County or Couuties bJ U By-faw ay in which the Village and its neighbourhood are situate, shew incorporate that the same contain over seven hundred and fifty inhabitants, and name 868 and when the residences of such inhabitants are sufficiently near eoUon r and to ^ orm an incorporated Village, then, on petition by not less than returning one hundred resident freeholders and householders of the Vil- lage and neighbourhood, the Council or Councils of the County or Counties in which the Village and neighbourhood are situate shall, by By-law, erect the Village and neighbourhood into an Incorporated Village, apart from the Township or Townships in which the same are situate, by a name and with boundaries to be respectively declared in the By-law, and shall name in the By-law the place for holding the first Election, and the Returning Officer who is to hold the same. II. When the newly incorporated Village lies within two when the or more Counties, the Councils of the Counties shall, by By- withio two law, annex the Village to one of the Counties ; and if within ho^fcfbe s * x calendar months after the petitions for the incorporation of annexed to the Village are presented, the Councils do not agree to which by 6 the(S- County the Village shall be annexed, the Wardens of the ciisorGover- c oun ties shall memorialize the Governor in Council, setting forth the grounds of difference between the Councils; and thereupon the Governor, shall by Proclamation, annex the Village to one of such Counties, (i) 1*J. In case the Wardens do not within one month next when by the after the expiration of the six months memorialize the Gover- Governor. ^^ as aforesaid, then one hundred of the freeholders and householders on the census list may petition the Governor to- (y] This clause of course does not apply to Villages either incor- porated or already made Police Villages. (A) Unincorporated Village An expression which includes Police Villages, which Villages are not corporate bodies, like other Munici- palities. (Sec. 402, subsec. 1.) (i) The annexation i? in the first instance left to the County Coun- cils jointly. If they do not pass the necessary by-law within six months from the time the petition for incorporation is presented, the Wardens are to notify the Governor in Council thereof, and he is theft to cause the annexation by proclamation. THE MUNICIPAL MANUAL. / settle the matter, an.d thereupon the Governor shall, by Pro- clamation, annex the incorporated Village to one of the said Counties, (j) 13. In case the Council of an Incorporated Village Additions t petitions the Governor to add to the boundaries thereof, the Governor? 1 Governor may, by Proclamation, add to the Village any part of the localities adjacent, which from the proximity of streets or buildings therein, or the probable future exigencies of the Village, it may seem desirable to add thereto. ERECLION OF VILLAGES INTO TOWNS, AND TOWNS INTO CITIES. 14. A census of any Town or Incorporated Village may ^' ns h a y at any time be taken under the authority of a By-law of the formed. Council thereof. (&) 15- When it appears by the census return taken under any Town con- Act of Parliament (&&) or urder an J such %' law (0, that a Town contains over fifteen thousand inhabitants, the Town may be erected into a City; And when it appears by the return that an Incorporated Village contains over three thousand inhabi- tants, the Village may be erected into a Town : But the change over three shall be made by means of and subject to the following pro- SSJS? 114 a ceedings and conditions : Firstly In case the Council of the Town or Village, for 1st Notice three months after the Census return, inserts a notice in some *beflT*B. newspaper published in the Town or Village, or if no news- paper is published therein, then in case the Council has for three months posted up a notice in four of the most public places in the Town or Village, and inserted the same in a newspaper published in the County in which the Town or Vil- lage is situate, setiing 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 ; (j) In case of the neglect or refusal of the Wardens to do as in the last section provided, a remedy is here given. (k) Tliis is a new provision, adopted in order to facilitate the form- ation of Villages into Towns, or Towns into Cities, whenever the population is sufficiently increased. The 20 Vic. cnp. 67, which is now repealed, applied only to the incorporation of Villages, and not to the advancement of Towns to Cities. (kk) The 14 & 15 Vic. cap. 49, providing for the taking of a perio- dical census, is here referred to. (/) Any such By-law, i. e., a By-law passed pursuant to the last section. THE MUNICIPAL MANUAL. Secondly And in case the Council applying, proves the Proof publicaaon to the Governor in Council; and procures the "? Sice census returns to be certified to him under the signature of the and of census Head of the Corporation and under the Corporate seal ; (m) :;rd Procia- Thirdly Then in the case of a Village, the Governor may, mation in by Proclamation, erect the Village into a Town by a name to oMof \ii- k e gi vea thereto in the Proclamation ; () Fourthly And in case the application is for the erection of 4th Exist- a Town into a City, if the Town has moreover paid to the SdJustecL County of which it formed part, such portion, if any, of the debts of the County as may be just (o), or if the Council of the Town has agreed 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 if the same has been determined (as it shall be) by arbitration under this Act (p) ; and if the Council proves to the Governor in Council the payment, agreement or arbitration ; ( erected into a Town or City, the By-laws in force therein and villages, respectively shall continue in force until repealed or altered by the Council of the new Corporation. (2) But no such By- laws shall be repealed or altered unless they could have been when not to or can be legally repealed or altered by the Council which ' repealed ' passed the same, (a) . When an addition is made to the limits of a Muni- Whenthe cipality, the By-laws of the Municipality shall extend to the M^nfcTaHt additional limits, and the By-laws of the Municipality frym are extended which the same has been detached shall cease to apply to the addition, except only By-laws relating to Roads and streets, (x) It would seem to be in the discretion of the Governor to fix or define the Wards, or make any necessary alterations therein, but it is probable that the -wishes of the Town or City Council would be complied with by him. It may therefore be important that the re^o- lution should explicitly state the changes or additions deemed expe- dient by the Council. No published or other notice of the intended application is required. (y) Under former statutes, there were Liberties and Outer Wards attached to Cities ; but it is believed that all such have been, before the passing of this statute, incorporated in the Cities, and made Inner Wards thereof, and it is not deemed expedient to authorize either Liberties or Outer Wards for the future. (z) This section relates to Villages newly incorporated, to Villages already incorporated made Towns, and to Towns made Cities. An unincorporated Village is subject to the jurisdiction and by-laws of the Township and County Councils. Villages and Towns incorporated are themselves Municipalities, independent of Township Councils. The design of this section is to continue the by-laws of the Township Council in a Village newly incorporated, until the by-laws are altered by the Council of the Village. So also the by-laws of an incorporated Village when it becomes a Town, and of a Town when it becomes a City, are continued until duly repealed. (a) The object of this part of the section is to prohib't the repeal by the new Council of by-laws securing the payment of debentures, &c., which could not be repealed by the old Municipal Council. THE MUNICIPAL MANUAL. 11 and these shall remain in force until repealed by By-laws of the Municipality added to. (6) LIABILITY TO DEBTS TO CONTINUE. 23. In case of the formation of an incorporated Village, i/awiity to or of the erection of an incorporated Village into a Town, or eontTuue. of a Town into a City, the Village, Town or City, shall remain liable to all the debts and liabilities to which the Village or Town was previously liable, in like manner as if the same had been contracted or incurred by the new Muni- cipality, (c) 24L. After an addition has been made to a Village, An.-i in case Town or City, the Village, Town or City shall pay to the Township or County from which the additional tract has been limit*, taken, such part (if any) of the debts of the Township or County as may be just; (V/) and in case the Councils do not within three months after the first meeting of the Municipal- ity to which the addition has beei made, agree as to the sum (6) The object of this section is to extend the existing by-laws of a Municipality to tracts of land added to the Municipality after the passing of the by-laws, and to indicate the exemption of such tracts of land from the operation of the by-laws of the Municipality to which they formerly belonged Even the operation of by-laws of the old Muni ipalily creating debts, &c., are thus got rid of; hut by- laws relating to roads or streets, within the limits of such tracts, are continued until repealed by the Council acquiring jurisdiction over the same. With regard to by-laws creating debt, sees. 23 and 24 of this act ought to be read in connexion with the one here annotated. (c) This strengthens the provisions contained in previous sections for the protection of creditors. The first line of the section appears to be new and now for the first t ; me enacted. Formerly, Junior Townships and Junior Counties only after separation were still made liable to existing debts. The present section extends the liability to a newly erected Incorporated Village, i. e. renders it still liable for debts of the Township at the time of the incorporation of the Village. A Village made a Town of course remains subject to its debts, being in effect the sart.e Municipality advanced to a Town. So if a Town be erected into a City. The effect of this section is that a village newly incorporated remains liable to pre-existing township debts, and towns and cities respectively remain liable for the d bts contracted by them while they were incorporated villages or towns. It is appre- hende 1 that with regard to Villages the section is not retrospective, that is, does not apply to Villages formed before the act takes effect. (d) The effect of sec. 22 is to exempt tracts of !and annexed from the debts of the Municipality to which they formerly belonged ; and the effect of this section, read in connexion with it, is to render the Munici jality to which the annexation is made liable to compen- sate the former Municipality a reasonable pioportion of the pre-exist- ing debts. 12 THE MUNICIPAL MANUAL. Former * nntilnew to be paid, or as to the time of payment thereof, the matter shall be settled by arbitration under this Act. (c) COUNCILS AND OFFICERS TO CONTINUE. !&fc. When any place is erected into an incorporated Village, or an incorporated Village into a Town, or a Town * nto a r'^y* tne Council and the members thereof having au- thority in the place or Municipality immediately before such erection, shall, until the Council for the newly erected Cor- poration is organised, continue to have the same powers as be- fore ; and all other Officers and Servants of the place or Muni- c ip a li tv shall, until dismissed or until successors are appointed, continue in their respective offices, with the same powers, duties and liabilities as before. (/) WITHDRAWAL OF TOWNS FROM THE JURISDICTION OF THE COUNTY. . The Council of any Town may pass a By-law to withdraw the Town from the jurisdiction of the Council of the County within which the town is situated, upon obtaining the of County by assent of the electors of the Town to the By-law in manner oortatn >uch shorter time as may be stated in the agreement or award, a new agreement or a new award may be made, to ascertain the amount to be paid by the Town to the County fur the expenses of the administration of Justice ; (n) 7. After the withdrawal of a town from the County, all property theretofore owned by the County, except Roads and Bridges within the Town, shall remain the property of the County, (o) TOWNSEIIPS. ERECTION OF NEW TOWNSHIPS. 27. In case a Township is laid out by the Crown in territory forming no part of an Incorporated County, the Gov- ernor may by Proclamation erect the township, or two or more of such Townships lying adjacent to one another, into an In- corporated Township or Union of Townships, and annex the same to any adjacent Incorporated County; (p) and the procla- mation shall appoint the Returning Officer who is to hold, and the place for holding, the first Election in the Township or Union of Townships, (q) SEPARATION OF UNITED TOWNSHIPS. 28. When a Junior Township of an incorporated Union of Townships has one hundred resident freeholders and house- holders (r) on the assessment roll as last finally revised and (m) The last Jury Act makes it incumbent on County Councils to provide for the payment of Jurors. (22 Vic. c. 100, s. 138 et seq.) (n) This is not to be understood as referring merely to the expenses of the administration of criminal justice; for they are to be defrayed by the Province. (9 Vic. cap. 58.) (o) This is a fair result of the preceding subsections. (p} The provision contained in this section is entirely new. Be- fore the passing of tnis act no Township could, for the purposes of election and municipal government, be organized until it contained a certain population. Here no such requirement is made. The Gov- ernor is enabled by proclamation to incorporate new Townships, separately or in unions. (q) As to Elections, see sec. 81 and following sections. (r} Resident freeholders and household rs. There must be at least one hundred resident-, and these residents must be either freeh- Iders or householders, it matters not in what proportion. Females are not in terms excluded, though it is doubtful whether the law intends them to be included. (See sec. 75.) THE MUNICIPAL MANUAL. 15 passed, (s) such Township shall, upon the first day of Jan- uary then next thereafter, (<) become separated from the Union, (w) SO. In case a Junior Township had at least fifty but less whenJunior than one hundred resident freeholders and householders (v) on the last revised assessment roll, (w) and two-thirds of the resid- ent freeholders and householders of the Township, petition the C eeding50,it Council of the County to separate the Township from^ the Union to which it belongs; (x) and in case the Council considers how. the Township to be so situated, with reference to streams or other nafural obstructions, that its inhabitants cannot conven- iently be united with the inhabitants of an adjoining Town- ship for Municipal purposes, the Council may by By-law, separate the same from the Union j (#) and the By-law shall name the Returning Officer who is to hold, and the place for holding, the first Election under the same, (z) ANNEXATION OF GORES. SO. The Governor may, by Proclamation, annex to any Township, or partly to each of more Townships than one, any TheGover- Grore or small tract of land lying adjacent thereto and not forming part of any Township, and such Gore or tract shall thenceforward for all purposes form part of the Township to which it is annexed, (a) (s) The assessment roll is under the Assessment Act revised and finally passed by the Court of Appeal constituted by that Act. (16 Vic. cap. 182, s. 30.) The roll so revised and passed is the one here mentioned. (/) The day of separation is postponed until the new year, that is, till the period is at hand for the yearly election of Municipal Coun- cillors. (See sec. 87.) (u) When the Junior Township attains the required population, the separation is to take place by operation of law. (v) See note r to the preceding section. (w) See note s to same. (x] The petition may, tinder the circumstances stated, be made at any time of the year. (y) The power of the County Council to interfere is only when it considers the Township to be so situated with reference to streams or orther natural obstructions that its inhabitants cannot conveniently bo united for municipal purposes with the inhabitants of an adjoining township. (See sec. 31.) (z) It is to be observed that the By-law is to fix the place for hold- ing the first election of Councillors, and to name the Returning Officer, neither of which is mentioned in the preceding section. The time is however fixed by sec. 82, subsec. 5. (See further, sec. 87.) (a) This appears to be taken from statute 12 Vic. cap. 11, sec. 2, which authorized such annexation for all purposes, including of 10 THE MUNICIPAL MANUAL New Town- ships, ic., within the limits of In- corporated Counties, to be ui.ited to adjacent Townships, and how. Townships not incorpo- rated or united may he formed into unions, and how. Townships in different Counties. ANNEXATION OF NEW TOWNSHIPS. 3 1 . In case a Township is laid out by the Crown in an incorporated County or Union of Counties; or in case there is any Township therein not incorporated and not belonging to an incorporated Union of Townships, the Council of the County or United Counties shall, by By-law, unite such Town- ship for Municipal purposes, to some adjacent incorporated Township or Union of Townships in the same County, or Union of Counties, and if such adjacent Township or adjacent Union is divided into Wards, then also to one Ward or partly to each of two or more Wards thereof. (&) 32. In case of there being at any time in an incorpo- rated County or Union of Counties two or more adjacent Townships not incorporated and not belonging to an incorpor- ated Union of Townships ; and in case such adjacent Townships have together not less than one hundred resident freeholders and householders within the same, the Council of the County or Union of Counties may, by. By-law, form such Townships into an independent Union of Townships, (c) 33. In case the United Townships are in different Coun- ties, the By-law shall cease to be in force whenever the union of the Counties is dissolved, (c?) SENIORITY OF TOWNSHIPS. 34. Every Proclamation (e) or By-law forming a Union course municipal purposes. The Proclamation must it is presumed, as usual in the case of Crown Proclamations, be under the Great Seal of the Province. (Keyley v. Manning, Cro. Car. 180.) (1} There are in some Counties tracts of land not surveyed or laid out in Townships, and this section requires the County Council of any such County to unite new townships when laid out with some adjacent Township or Townships, in order that the inhabitants may at once enjoy municipal rights and be subject to municipal liabilities. (c) Under this section, Unions may be formed of two or more new townships, instead of annexing them to old townships. This can only be done when the joint population of resident freeholders and house- holders is not less in number than one hundred. (d) No case can arise under this section, unless the Union have been made by the Council of United Counties of Townships in diffe- rent Counties of the Union. When such has been done, and the Counties afterwards become separated, provision is made for the separation of the United Townships. The fact that the By-law is in such an event to 4< cease to be in force" as near as may be restores the Townships to the situation in which they were before the By-law passed. (e) For instance, under sec. 27. THE MUNICIPAL MANUAL. of Townships (/) shall designate the order of seniority of the Townships so united, and the Townships of the Union shall howiv b 'u- be classed in the By-law according to the relative number of *" freeholders and householders on the last revised assessment- roll. (<;) COUNTIES. NEW COUNTIES. 35. The Governor may, by Proclamation, form into a a new County, any new Townships not within the limits of an Incorporated County, and may include in the new County one proclamation or more unincorporated Townships or other adjacent unorgan- or un?td. ized Territory, (defining the limits thereof) not being within an Incorporated County, and may annex the new County to any adjacent Incorporated County ; or in case there is no ad- jacent Incorporated County, or in case the Governor in Coun- cil considers the new County, or any number of such new Counties lying adjacent to one another and not belonging to an Incorporated Union, so situated that the Inhabitants can- not conveniently be united with the inhabitants of an adjoin- ing Incorporated County for Municipal purposes, the Governor may, by the Proclamation, erect the new County, or new ad- jacent Counties, into an independent County or Union of Counties for the said purposes, and the Proclamation shall name the new County or Counties. (A) SENIORITY OF. 3G. In every Union of Counties, the County in which the Seniority ot County Court House and Gaol are situate, shall be the Senior counties County, and the other County or Counties of the Union shall be the Junior County or Counties thereof, (i) LAWS APPLICABLE TO. 37. During the Union of Counties, all Laws applicable (/) For instance, under sees. 29 or 31. (ff) The order of seniority of United Townships is to be declared in the Proclamation or By-law, as the case may be, and the seniority is to be governed by population, so that the more populous Township is to be the senior. (h) The provisions of this section are new. They facilitate the formation of Counties and Unions of Counties in newly organized tracts of land, without the necessity of express Acts of Parliament. (i) There is to be not only seniority among United Townships, but seniority among United Counties. While among the former seniority is to be determined by population, among the latter it is to be deter- mined by the situation of the County Court House and Gaol. This was the old law, c 18 THE MUNICIPAL MANUAL. onions of Bounties. (Talons of Aunties. Provisional ^United 1 Counties by So^^o'int- ing place of r3 officer. to Counties (except as to representation in Parliament ad Registration of Titles) (j) shall apply to the Union as if the same f orme( j b ut one County. VENUE IN. 38. In the case of United Counties, the Venue in any Judicial proceedings shall be laid in the proper County of the Union (naming it) and describing it as one of the United Counties of - , and in such case the Jury for the trial of any issue, Civil or Criminal, or the assessment of any dam- ages, shall be summoned from the body of the United Coun- ties. (&) ERECTION OF PROVISIONAL CORPORATIONS AND SEPARATION OF JUNIOR COUNTIES. PRESIDING MEMBER FIBST MEETING COUNTY TOWN. 39. When the Census Returns taken under an Act of Parliament (Z) or under the authority of a By-law of the Coun- c ^ ^ an y United Counties, (m) show that the Junior County of the Union contains not less than fifteen thousand inhabitants, tnen j H a majority of the Reeves and. Deputy Reeves of such County do, in the month of February in two successive years, pass a resolution affirming the expediency of the County being separated from the Union ; and if in the month of February (/) By the 9 Vic. cap. 34, sec. 4, it is enacted that there shall be a Registrar appointed for each and every County in Upper Canada. By the 12 Vic. cap. 78, sec. 19, and 12 Vic. cap. 79, sec. 6, that upon the disuniting of a Junior County from a Union of Counties there shall be a separate Registry of Titles for such County, as for other Counties generally in Upper Canada. By the 14 & 15 Vic. cap. 5, sec. 2, that each County entitled to a Representative in Parliament shall have a separate Registry Office for the registration of titles, and that Registrars shall be appointed accordingly. By the 22 Vic. cap. 95, provision is also made for the establishment of separate Registry Offices in Cities, Junior Counties before separation, and Ridings of Counties. f (k) A writ of summons was sued out before the separation of the County of Ontario from the United Counties of York and Peel, direct- ing defendant to appear in the United Counties of York, Ontario and Peel. It was not served until after the separation, and the venue in the declaration was laid in the three United Counties. The defendant thereupon demurred. Held, not a frivolous demurrer. (Plaxton et al v. Smith, 1 U. C. Prac. Rep. 228.) (1) For instance, statute 14 & 15 Vic. cap. 49, which provides for the taking of a periodical census. (m) The census for the purpose mentioned- in this section to be taken under the authority of a By-law of the Council is something new. The only census heretofore receivable in cases within this sec- tion was the periodical one noticed in the preceding note. THE MUNICIPAL MANUAL. 19 in the following or third year, a majority of the Reeves trans- mit to the Governor in Council a petition for the separation, (n) and if the Governor deems the circumstances of the Junior County such as to call for a separate establishment of Courts and other County institutions, he may, by Proclamation setting forth those facts, constitute the Reeves and Deputy Reeves for the County a Provisional Council, and in the Proclama- tion appoint a time and place for the first meeting of the Council, and therein name one of its Members to preside at the meeting, and also, therein determine the place for and the name of the County Town, (o) 40. The Member so appointed shall preside in the Coun- who to cil until a Provisional Warden has been elected by the Council from among the members thereof. efiosen. PROVISIONAL OFFICERS. 41. Every provisional Council shall from time to time appoint a Provisional Warden, a Provisional Treasurer, and visional such other Provisional Officers for the County, as the Council * deems necessary. 42. The Provisional Warden, shall hold office for the ma terms of Municipal year for which he is elected. 43. The Treasurer and other officers so appointed shall liold Office until removed by the Council. rer '' &c * PURCHASE OF PROPERTY. 44. Every Provisional Council may acquire the neces- Provisional sary property at the County Town of the Junior County on Sayacquire wh;ch to erect a Court House and Gaol, and may erect a Court- lands for House and Gaol thereon, adapted to the wants of the County Sarthouses. and in conformity with any statutory or other rules and regul- ations respecting such buildings, and may pass By-laws, for such purposes. * POWERS OF THE UNION NOT TO BE INTERFERED WITH. 45. The powers of a Provisional Council shall not inter- Powers of fere with the powers of the Council of the Union, and any oomJelfnot money raised by the Provisional Council in the Junior County to interfere shall be independent of the money raised therein by the Coun- o7 Union"* 8 cil of the Union. (n) Under the 12 Vic. cap. 78, sec. 10, a petition of at least two- thirds of the Reeves was necessary. (o) The provision made for determining the County Town will it is hoped be found sufficient to avoid the difficulties and delays that have been heretofore experienced in such cases. 20 THE MUNICIPAL MANUAL. DEBTS OF THE UNION. 40. After a Provisional Council has procured the neces- Agreement sary property and erected thereon the proper buildings for a tTpon dtas> Court House and Gaol, the Council may enter into an agree- luticm. ment with the Senior or remaining County or Counties for payment to such County or Counties of any part of the debts of the Union as may be just, and for determining the amount to be so paid and the times for payment, (p) TVhonProvi- ^7 . No Member of the Provincial Council shall vote or sionai Coun- take any part in the Council of the Union on any question not vote! aU affecting such agreement or the negotiation therefor, (a) 48. In case the Councils do not then agree as to the Arbitrament amount or periods of payment, the matter shall be settled be- tween them by Arbitration under this Act; (&) And the Juni- Paymentof O r County shall pay to the Senior or remaining County or dissolution. Counties of the Union the amount so agreed upon or settled, (c) and such amount shall bear interest from the day on which Debt to bear the Union is dissolved, (c/) and shall be provided for, like inter st. O ther debts, by the Council of the Junior County after beicg separated, (e) GOVERNOR TO APPOINT JUDGES. 40. After the sum to be paid by the Junior County to Terms and .-, o n /-i i i_ i timeofsepa- the feenior or remaining County or Counties has been paid ration. or ascertained by agreement or arbitration, the Governor in (p) It ought to be observed that the gaol and court-house x.re to be erected before an agreement respecting the debts of the Union is to be entered into, and then and not till then the County about to be separated is to arrange with the remaining County or Counties for a due proportion of the joint debts. In case the Councils do not agree as to the amount or periods of payment, they are to arbitrate. (See sec. 48.) (a) The reason is- plain. Though the members of the Provisional Council are also members of the Council of the Union, yet in this negoti- ation, the matter lies between the Provisional Council on the one hand and the Council of the Union on the other. And the Provisional Council being for this purpose an independent and interested body, it follows that the interest of the Union, which is virtually the interest of the senior or remaining County or Counties should be protected by the Councillors of the senior or remaining County or Counties. (b) See sec. 336, et seq. (c) The sum to be paid by the junior to the senior or remaining County or Counties, is " the amount so agretd upon or settled," that is, either the amount ngreed upon between the Counties without arbi- tration, or the amount settled by arbitration. (d) Nothing is here said as to the rate of interest. (See 22 Vio. c. 85.) (e) For which see ss. 221 et seq. THE MUNICIPAL MANUAL. 21 Council shall appoint for the Junior County, a Judge, a Surrogate, a Sheriff, one or more Coroners, a Clerk of the Peace, a Registrar, and at least twelve Justices of the Peace, (/) j u< jg ej A. and shall provide, in the Commission or Commissions, that the appointments are to take effect on the day the Counties become disunited. (O. Any person charged with an Indictable offence (r) who, at the time of the disuniting of a Junior from a Senior County, is imprisoned on the charge in the Gaol of the Senior to be County, or is under Bail or Recognizance to appear for Trial dls P se at any Court in the Senior County, and against whom no in- dictment has been found before the disunion takes place, shall be indicted, tried and sentenced in the Senior County, (s) &c., are situate. (Sec. 36.) The object of this section is to fix the County in which pending proceedings are to be continued, when no order has been made under the preceding section for changing the venue to the Junior County after its separation. No provision is made for the change of the style of venue. If no change be made, of course the jury would be summoned from the Senior or remaining County or Counties ; so all other proceedings connected therewith would be conducted therein. (p] Such as Assizes, Quarter Sessions, County Courts, and Surro- gate Courts, but not Division Courts, unless it be the Court for the Division in which the County Town is situate. (q) This of course means after the Junior County has become an independent County by the separation. (r) Offences which may be made the subject of indictment and are below the crime of treason may be divided into two classes felonies and misdemeanors. The term felony appears to have been long used to signify the degree or class of crime committed, rather than the penal consequence or forfeiture occasioned by the crime, accord- ing to its original signification. The proper definition of it, however, as stated by an excellent writer, recurs to the subject of forfeiture, and describes the word as signifying an offence which occasions a total forfeiture of either lands or goods or both, at common law; and to which capital or other punishment may be superadded, according to the degree of guilt. With regard to felonies created by statute, it seems clear that not only those crimes which are made felonies in express words, but also all those which are decreed to have or under- go judgment of life and member by any statute, become felonies thereby, whether the word " felony" be omitted or mentioned. The word " misdemeanor," in its usual acceptation, is applied to all those crimes and offences for which the law has not provided a par- ticular name, and they may be punished according to the degree of the offence, by fine or imprisonment or both. A misdemeanor is in truth any crime less than a felony ; misdemeanors comprehending all indictable offences which do not amount to felony as perjury, bat- tery, libels, conspiracies, and public nuisances. (Russell on Crimes, i. 44.) () Under certain circumstances, crimes of a given nature may be tried and punished without indictment, that is summarily, by a magistrate. (20 Vic. cap. 29; 22 Vic. cap. 55.) -4 THE MUNICIPAL MANUAL. unless a Judge of one of the Superior Courts of Common Law orders the proceedings to be conducted in the Junior County, in which event the prisoner or recognizances (as the case may be) shall be removed to the latter County and the pro- ceedings shall be had therein j (<) and when in any such case the ofience is charged to have been committed in a County other than that in which such proceedings are had, the venue may be laid in the proper County describing it as formerly "one of the United Counties of, kc." () PERSONS ON BAIL. 56. Any person arrested or held to Bail under Civil Proceedings Process, before the separation of a Junior from a Senior in civil cases ~, ii-ii i ITHI under bail- County, and liable to be imprisoned, shall be so imprisoned in ,ibk> process. t ] ie Q ao ] O f ^ Q (] our) ty in which he was arrested ; and all proceedings in any uit or Action in which any person was so arrested or held to Bail, and all proceedings after judgment founded upon the Arrest or holding to Bail^ shall be carried on as if the Arrest or holding to Bail had taken place in such County as a separate County; (v) and in case the proceedings , are to be had in the Junior County, all the records and papers relative to the case shall be transmitted to the proper Officer of the Junior County. (V) PERSONS ON THE GAOL LIMITS. 57. Tn case a debtor or other person has been (in man- ner prescribed by law) admitted to the Gaol limits of a Union Arsons ad- of Counties, and the Union is afterwards dissolved, or one or gaol limits more Counties are separated from the Union, such debtor or soiuflon 1 di8 P erson ma .Y notwithstanding travel and reside in any portion of the Counties as if no dissolution or separation had taken place, without committing a breach of any Bond or the con- dition thereof, or a forfeiture of any security given for the pur- pose of obtaining the benefit of such limits; (k) and in case (f) By sec. 52, the power to change the venue can only be exer- cised where the indictment, &c., is pending. This section impliedly authorises a change before indictment found. (u) The form of venue here given ought to be well observed. (v) Provision is here made for the case of a person arrested or held to bail on civil process ; and if imprisoned, it is not only declared iu what prison he shall be confined, but in what county proceedings shall be carried on, that is, in the County in which he was arrested. No Judges order is in terms made necessary. (w) See statute 22 Vic. cap. 96, as to arrest in civil cases. (A;) The effect of this, is to entitle a debtor on the gaol limits of United Counties to have the benefit of such limits after as well as be- THE MUNICIPAL MANUAL. any such person after the dissolution of the Union is surrend- ered or ordered to be committed to close custody, he shall be surrendered or committed to the Sheriff of the County in which he was arrested and be imprisoned in the Gaol thereof. (/) WHEN PROVISIONAL COUNCILS, OFFICERS, &C., TO BECOME ABSOLUTE. 58. When a junior County is separated from a Union of officers and Counties, the Head and members of the Provisional Council of the junior County, and the officers, by-lawa contracts, pro- perty, assets and liabilities of the Provisional Corporation, shall be the Head and members of the Council, an|l the officers, by- laws, contracts, property, assets and liabilitie^ of the new Cor- poration, (in) BY-LAWS, DEBTS AND RATES OF FORMER UNIONS OF COUNTIES OR TOWNSHIPS AFTER BEING DISSOLVED. 5*>. When a junior County or Township is separated B y-iowsto from a senior County or Township, the By-laws of the Union continue in J . . i /-i m i Counties and shall continue in force in the several Counties or lownships Township*, which composed the Union until altered or repealed by the Council or Councils of the same respectively. () GO. After the dissolution of a Union of Townships, the following shall be the disposition of the property of the Townsp Union, (o) unions the Junior to The real property of the Union situate in the Junior Township, shall become the property of the Junior Township; the Union; fore the separation of one or more of tho County or Counties from the remainder. (/) Thus while the debtor is on the limits he may enjoy the whole of the United Counties; if committed to close custody he is to be rendered to the Sheriff of the County, whether Junior or Senior, in which he was arrested. (n) The Reeves and Deputy Reeves of a Junior County may under sec. 39, and subject to the piovisions of that section, be constituted a Provisional Council, with power to appoint provisional officers, make contracts, and under and subject to the provisions of sec. 51, such Junior County may by proclamation be separated from the Union. Hence it is enacted by the section here annotated, that the head and members of the Provisional Council of the Junior County, and the officers, &c., shall be the head, &c., and the officers, &c., of the new Corporation. (n) The effect of this section is to continue existing By-laws of the Union in both the Senior and Junior Counties and Townships respec- tively, after a separation, subject to the powers of each independent Council, to repeal or alter the same when the Council of the Union might have done so. (o) This section is in its application restricted to Townships exclu- sively. 26 THE MUNICIPAL MANUAL. Arrange- ment as to debts. tion disp si ~ ^' ^e rea ^ P r P ert y f the Union situate in the remaining property of Township or Townships of the Union, shall be the property of the Union. ^ Q rema j n i ng Township or Townships ; 3. The two Corporations shall be jointly interested in the JoiuUnte- other assets of the Union, (p) and the same shall be retained ts by the one, or shall be divided between both, or shall be other- wise disposed of, as they may agree ; 4. The one shall pay or allow to the other, in respect of the said disposition of the real and personal property of the Union, and in respect to the delts of the Union, such sum or sums of money as^jnay be just j (5) 5. In case the^ Councils of the Townships do not within three months after me first meeting of the Council of the junior Township, agree as to the disposition of the personal property of the Union, or as to the sum to be paid by the one to the other, or as to the times of payment thereof, the matter shall be settled by Arbitration under this Act ; (r) 6 The amount so agreed upon or settled shall bear inte- rest from the day on which the Union was dissolved j (s) and shall be provided for by the Council of the indebted Township like other debts. (<) Gl. In case of the separation ~of a County or Township fr m a Union of Counties or Townships, each County or Town- debts at the ship which formed the Union shall remain subject to the Station! 18 " debts and liabilities of the Union as if the same had been con- Uow to be determined. To bear interest. (p) The word " assets" is a word well known to the law. 'It is de- rived from the French word " assez" enough. It has a restricted and an enlarged sense. In its restricted sense it means goods enough to discharge that burden which is cast upon an executor, &c. , in satisfying the debts of a testator, &c. In its enlarged sense, as used in the Municipal Act, it means property as opposed to liabilities. In the section under consideration, provision is in the first subsection made for the disposition of the "real property of the Union situate in the Junior Township." In the second subsection, of the "real property of the Union situate in the remaining township or townships of the Union." Then, in the subsection here annotated, of " the other assets of the Union." (q} As may be just. A very vague but under the circumstances as definite an expression as could well be used. The design of the en- actment is that the Township Councils should in the first instance come to an understanding or agreement. Failing this, resort must tinder the next subsection be had to arbitration. (r) See sec. 336 et seq. (ft) See notes c and d to sec. 48. (t) For which see sec. 221 et seq THE MUNICIPAL MANUAL. 27 tracted or incurred after the dissolution by the respective Counties or Townships which constituted the Union, (w) $*. After the dissolution, the Council of the Senior or Debentures remaining County or Township shall issue its debentures or sSchdebt?. other obligations for any part of any debt contracted by the ^ ^^"j Union for which debentures or other obligations might have new Munid- been but had not been issued before the dissolution ; and such P ahtl debentures or obligations shall recite or state the liability of the Junior County or Township therefor under this Act ; and the junior County or Township shall be liable thereon as if the same had been issued by the Junior County or Town- ship. (i>) 63. All assessments imposed by tlie Council of the Union Assessments for the year next before the year in which the dissolution takes %]$. effect, shall belong to the Union and shall be collected and paid lution, who< over accordingly, and after the dissolution, all special rates for the payment of debts theretofore imposed by any By-law of the Union, shall continue to be levied in the junior County or Township ; and the Treasurer of the junior County or Township special rates- shall pay over the amount as received, to the Treasurer of the ^nttm^d to be paid over (M) Here we have declared the separate liability of each County or Township to the creditors of the Union, irrespective of the adjustment made under preceding sections between the Counties or Townships of the Union. Though it may be agreed by the adjustment that. one County or one Township shall assume and pay all the debts of the Union, creditors are not bound by any such arrangement. No ar- rangement that may be made without the assent of the creditors can absolve the remaining Counties or Townships of the Union. Each County and Township is liable to contribute towards the satisfaction of the joint debts. (But see sec. 64.) The liability, as will be seen by the next section, exists in some cases though the debentures upon which the liability arises be issued by the Senior County, &c., alone, after the dissolution of the Union. (u) In the reading of this section there are three points to be noted. First, that after the dissolution, the Council of the remaining County or Township shall issue its debentures, or other obligations ; but, to be effectual under this section, only "for any part of any debt con- tracted by the Union." Second, that such debentures, &c., shall recite or state the liability of the Junior County or Township there- for, under this Act : and -Third, that the Junior County or Township shall be liable thereon as if the same had been issued by the Junior County or Township. Some doubt may arise on the third point, as to the nature of the liability, i. e., whether it is to be a joint and Reveral liability or joint only. The words used, " as if the same had been issued by the Junior County or Township," would indicate the former. (See also sec. 64.) The object of the section is to provide for the completion of securities to creditors not perfect at the time of separation. THE MUNICIPAL MANUAL. senior County or Township, and the latter shall apply the mo- . J , . , .11 Oounty. neys so received in the same manner as the money raised under the same By-law in the senior County or Township, (w) if the sum 64. Tn case the amount so paid over to the Senior SitSTthe County or Township, or to any creditor of the Senior County just amount, O r 'J ownship, in respect of a liability of the Union, exceeds b^rSumfed! the sum which, by the agreement or award between the Coun- cils the Junior County or Township ought to pay, the excess may be recovered against the Senior or remaining County or Township as for money paid or as for money had and received, as the case may be. (#) MUNICIPAL COUNCILS, &c., OF WHOM COMPOSED. THE HEAPS. Heads of 6*5. The Head of every County and Provisional Corpora- <3ountfcs,Ac. t j on sua ]i b e designated (y) the Warden thereof, and of every City and Town the Mayor thereof, and of every Township and Incorporated Village the Reeve thereof. THE MEMBERS. (2) 1. IN CITIES. Cities. 66, The Council of every City shall consist of the Mayor, (?p) The right to rates for the year next preceding the separation, which always takes place on 1st January, is here determined. The special rates mentioned are to be levied in each respective Munici- pality, after separation, and be collected by each respective collector, as if the By-law imposing the rates had been made after the separa- tion by each County or Township separately. Such is the eff ct of the By-law of the Union having force in each Municipality severally after the dissolution of the Uuion. The duties of the Treasurers require v careful attention. (z) The liability of the Junior County or Township respectively, notwithstanding separation, is explained in the note to sec. 61. The right of the Senior County or Township to rates imposed before the separation, is also explained in the note to sec. 63. The section under consideration provides for the reimbursement of the Junior Munici- pality any sum which the Junior may have paid, exceeding the pro- portion which it, according to the adjustment with the Senior, was bound t.i contribute. (?/) Designated. That is described in all acts, deeds and matters of every kind in which it becomes necessary to refer to the head of the corporation by name. (z) It is not the duty of the members of a Municipal Council to determine the validity of the election of one of their members. Where the Returning Officer has returned him elected, he may sit and vote until unseated by process of law. (In re Hawk and Ballard, 3 U. C. C. P. 241.) THE MUNICIPAL MANUAL. who shall be head thereof, and of two Aldermen and two Councilmen for every Ward; (a) 2. IN TOWNS. The Council of every Town shall consist of the Mayor, who shall be the Head thereof, and of three Councillors for every T< Ward, (b) and if the Town has not withdrawn from the juris- diction of the Council of the County in which it lies, one of the Councillors of the Town shall be elected by the Council, to be Reeve of the Town, (c) and if the Town had the names of five hundred resident freeholders and householders on the last revised assessment roll, then one other of the Councillors to be Deputy Reeve ; (d) 3. IN INCORPORATED VILLAGES. The Council of every Incorporated Village shall consist of ^^ ^ five Councillors, one of whom shall be Reeve, and if the Vil- villages. las;e had the names of five hundred resident freeholders and householders on the last revised assessment roll, then one other ^ of the Councillors shall be Deputy Reeve } (e) 4. IN TOWNSHIPS. The Council of every Township shall consist of five Coun- Township& cillors ; but when the Township is divided into Wards, then, and of one Councillor for each Ward, one of which Councillors shall be Reeve, and if the Township had the names of five (a) The Governor may divide a new City into Wards, with appro- priate names and boundaries (sec. 17) ; and may, under certain cir- cumstances, make a new division of Wards, or may add to the city any part of the adjacent Township (sec. 19). (b) Incorporated Towns are divided into Wards; and no Town is to have less than three Wards ; and no Ward less than five hundred inhabitants (sec. 17.) (c) The Council of a Town may pass a By-Law, to withdraw the Town from the jurisdiction of the County Council (sec. 26) ; and if the Town be withdrawn, the Mayor and Councillors would form an independent Council. If independent they would have no rights to seats in the County Council, and the election of Reeves and a Deputy Reeve would therefore cease. (d) The population of an Incorporated Town must always exceed five hundred inhabitants, as there must be three Wards, and each Ward contain that number of inhabitants (sec. 17) ; but there may be in an Incorporated Town more than five hundred inhabitants (in- cluding women and children), and yet not, as ujentioned in this sub- section, five hundred freeholders and householders, on the last revised assessment roll. (e) A Village, to be incorporated, must contain seven hundred and fifty inhabitants (not freeholders and householders). (See preceding note). 30 THE MUNICIPAL MANUAL. Counties. Trustees of Police Villages. hundred resident freeholders and householders on the last revised assessment roll, then one othsr of the Councillors shall be Deputy Reeve } (/) 5. IN COUNTIES. And the Council of every County shall consist of the Reeves and Deputy Beeves of the Townships, Towns and Villages within the County, and of any Towns within the County which have not withdrawn from the jurisdiction of the Council of the County ; and one of the Reeves or Deputy Reeves shall be Warden. . No Reeve or Deputy Reeve shall take his seat in the County Council until he has filed with the Clerk of the County Council a Certificate under the hand and seal of the Township, Village or Town Clerk, that such Reeve or Deputy Reeve was duly elected, and made and subscribed the declarations of office and qualification (a) (unless exempted therefrom,) (&) as such Reeve or Deputy Reeve ; nor in the case of a Deputy Reeve, until he has also filed with the Clerk of the County an affida- vit or affirmation of the Clerk, or other person having the legal custody of the last revised Assessment-Rolls for the Mu- nicipality which he represents, that there appear upon such Rolls the names of at least five hundred resident Freeholders and Householders in the Municipality, (c) 68. The Trustees of every Police Village shall be three in number, one of whom shall be the Inspecting Trustee, (d) PROVISIONAL COUNCILS. WHO TO COMPOSE. OO The Reeves and Deputy Reeves of the Municipali- (/) When a Township is not divided into Wards, the election of Councillors is by general vote (sec. 88). (g) As to Towns withdrawn, see note c on foregoing page. (a) Before the framing of this Act it was necessary for members of a Municipal Council elect to take oa.hs of office and qualification. Throughout this Act declarations have in general been substituted for oaths. (b) Allusion is made to sees. 71 and 72. (c) It is apprehended that the Council, having received the affidavit or affirmation of the Clerk, &c., that there appears upon the rolls the names of at least five hundred resident freeholders and householders, &c., have no right to question the fact by rejtcting the Deputy Reeve, but should leave the truth of the fact, if doubted, to be determined by the Courts. (See note z to sec. 66.) (d) As to the duties of Trustees of PoUce Villages, see sec. 292 tt seq. THE MUNICIPAL MANUAL. ties within a Junior County for which a Provisional Council ual is established, shall, ex ojjicio, be the members of the Provi- g^gjj^ sional Council, (e) tote. QUALIFICATION OF MUNICIPAL COUNCILLORS AND POLICE TRUSTEES. 7O. The persons qualified to be elected Mayors, mem- Qualification bers of a Council or Police Trustees, are such residents of the fors,&c. c ' County within which the Municipality or Police Village is sit- uate as are not disqualified under this Act, (#) and have, afr the time of the election, in their own right or in the right of their wives, as proprietors or tenants, freehold or leasehold property rated in their own names on the last revised Assess- ment-Roll of such Municipality or Police Village to at least the value following. (Ji) In Townships Freehold to four hundred dollars on Lease- hold to eight hundred dollars ; In Police Villages Freehold or Leasehold to four hundred i^ dollars; In Incorporated Villages Freehold to forty dollars per an- J* __ num, or Leasehold to eighty dollars per annum ; Villages. In Towns Freehold to Eighty dollars per annum, or Lease- In Towns hold to One hundred and sixty dollars per annum; And in Cities for Aldermen Freehold to One hundred InCitIeg< and sixty dollars per annum, or Leasehold to Three hundred and twenty dollars per annum : and forCouncilmen Freehold to Eighty dollars per annum or Leasehold to One hundred and sixty dollars per annum ; And so in the same proportions in all Municipalities and Asto pro- Police Villages in case the property is partly freehold and part- perty partly 11111 r r J r ./ r freehold. ly leasehold. The term "Leasehold" in this Section, shall not include a "Leasehold" term less than a Tenancy for a year, or from year to year. defined. (e) The corporate name of the Council should be "The Provisional Corporation of the County of (naming it)" (sec. 5). (g) See sec. 73. (h) A person not in fact rated on the roll is not eligible, though he may suppose he is, and though possessed of property sufficient to , confer the qualification. (The Queen ex rel. Metcalfev. Smart, 10 U.C. Q. B. 89.) Provision is in the next section made for the case of a new Township having no assessment roll (sec. 71). An administra- tor, though rated in his own name for real estate belonging to the deceased, is not entitled to vote upon such real estate. (The Queen ex rel. Stock v. Davis, 3 U. C. L. J. 128.) 32 THE MUNICIPAL MANUAL. Townshi ^* ^ n case ^ a new Township erected by Proclamation not having for which there has been no Assessment-Roll, every person ?oii e . 88ment who at the time of the first election has such an interest in real property and to such an amount as herein before mentioned, shall be deemed to be possessed of a sufficient property quali- fication, (t) 72. In case in a Municipality (&) there are not at least if only one two P ersons qualified to be elected for each seat in the Council, person to be no qualification beyond the qualification of an elector shall be qualified. necessary in the persons to be elected. (7) DISQUALIFICATIONS. 73. No Judge of any Court of Civil Jurisdiction, no Disqualifies Gaoler or Keeper of a House of Correction, no Officer of any Municipality, no Bailiffof a Division Court, no Sheriff's Officer no Innkeeper or Saloonkeeper, no person receiving any allow- ance from the Corporation (except as Mayor, Warden, Reeve, Deputy Reeve, or Township Councillor), and no person having by himself or his partner an interest in any contract with or on behalf of the Corporation, shall be qualified to be a Member of the Council of the Corporation, (m) (i) It may happen that a new Township has not been previously assessed, either separately or as part of a Union. (Sec. 28 et seq.) This section is intended to meet such a case should it arise. (k) The word " Municipality" means any locality the inhabitants of which are incorporated under this Act, but does not mean a Police Village. (Sec. 402, subsec. 1.) (Z) As to qualification of electors, see sec. 75 et seq. (m) The object of the latter part of this section, like that of sec. 28 of the English Man. Cor. Act of 5 & 6 Wm. IV. cap. 76, is clearly to prevent all dealings on the part of the Council with any of its mem- bers in their private capacity, in other words, to prevent a member of the Council, who stands in the situation of a trustee for the public, from taking any share or benefit out of the trust fund, or in any contract in the making of which he as one of the Council ought to exercise a superintendence. (Rawlinstn's Mun. Man. 53.) The evil contemplated being evident, and the words used general, they will be construed to extend to all cases which come within the mischief intended to be guarded against, and which can fairly be brought within the words. (Ib ) The words of our en- actment are that "no person having by himself or his partner an interest in any contract with or on behalf of the corporation shall be qualified, &c. ;" and the words of the English Act are that " no person shall be qualified, &c., who shall have, directly or indirectly, by himself or his partner, any share or interest in any contract or em- ployment with, by, or on behalf of such Council, &c." The difference deserves to be noticed. Under our old Act, of which the section here annotated is a re-enactment, it was held that a lessee of a Municipal THE MUNICIPAL MANUAL. EXEMPTIONS. 7" 4L All persons over sixty years of age; all Members Exemptions. and Officers of the Legislative Council and of the Legislative Assembly ; all persons in the Civil Service of the Crown; all Judges, not disqualified by the last preceding section, all Sheriffs and Coroners ; all persons in Priests' Orders, Clergy- men and Ministers of the Grospel of every denomination ; all Members of the Law Society of Upper Canada, whether Bar- risters or Students; all Attorneys and Solicitors in actual practice ; all Officers of Courts of Justice ; all Members of the Medical Profession, whether Physicians or Surgeons; all Professors, Masters, Teachers and other Members of any University, College or School in Upper Canada, and all Offi- cers and Servants thereof; all Millers; and all Firemen belonging to an authorized Fire Company are exempt from being elected or appointed Councillors, or to any other Corpo- rate Office (n) ELECTORS. 75. The Electors of every Municipality for which there is an assessment roll. Co) and the Electors of every Police of. ? V J J ships, Ac., having anas- Council is disqualified from sitting as a member of the Council. (The ownwntroll Queen ex reL Stock v. Davis, 3 U. C. L. J. 128.) So a person who has contracted for a lease, though the contract be executed by him- self only and not by the corporation. (Ib.} Where defendant, before the election, had tendered for some painting and glazing required for the city hospital, and his tender having been accepted, he had done a portion of the work, for which he had not been paid, but afterwards refused to execute a written contract prepared by the City Solicitor, and informed the Mayor of the City that he did not intend to go on with the work, he was notwithstanding held to be disqualified. (The Queen ex reL Moore v. Miller, 11 U. C. Q. B. 465.) In such a case it is immaterial whether there is or is not a contract binding on the corpo- ration. (Ib.) So where it was shown that the candidate elected was at the time of the election surety for the Treasurer of the Town and acting as the Solicitor of the Corporation, he was held to be disqual- ified. (The Queen ex reL Coleman v. 0' Hare, 2 U. C. Prac. Rep. 18.) So where the candidate was at the time of the election a shareholder in a company which had borrowed money from the Town. (The Queen ex rel. Padwell v. Stewart, Hambly, Ib. ) Reference may also be had to the following decisions under the English Act : The Queen v. York, 2 Q. B. 847 ; Simpson v. Ready, 12 M. & W. 736 ; The Queen v. Francis, 21 L. J. Q. B. 304. (n) The last section contains the disqualifications, and this, the exemptions. The difference between a disqualification and an exemp- tion, as regards an individual, is this, that a person disqualified can- not hold office, but a person exempt, even though qualified, is not bound to accept office. The one is an inapacity or disability. The other is a privilege. (o) See sees. 71 and 77. D 34 THE MUNICIPAL MANUAL. Village, (p*) shall be the male freeholders thereof, ( to sec. 75. (w) Qu. or electoral division ? (See sec. 268.) (z) See sec. 402, subsec. 2, as to the meaning of the word "council." ( ?/) See subsec. 1 of same section as to the meaning of the word ** Municipality." (z) Every by-law should be under the seal of the Corporation, and be signed by the head of the Corporation, &c. (Sec. 188.) 38 THE MUNICIPAL MANUAL. point the place or places for holding the next ensuing Muni- cipal Election, otherwise the Election shall be held at the place or places at which the last Election for the Municipality or Wards was held, (a) Also for PO- 85. The Council by which a Police Village is established lice Villages, ghaj^ b v the By-law establishing the same, name the place in the Village for holding the Election of Police Trustees, (b) Yearly eiec- 86. The Electors (c) of every Municipality (rf) (except tionsof a County) shall elect annually on the first Monday in January, 8 d Poice 8 the Members of the Council of the Municipality, and, on the Trustees. secood Monday in January, the Electors of every Police Vil- lage shall annually elect the Police Trustees of the Village, (e) and the persons so elected shall hold office until their succes- sors are elected or appointed and sworn into office, and the new Council or Board of Police Trustees is organized. (/) Piasteicc-3 87. When a junior Township of a Union, has one hun- dred resident freeholders and householders on the last revised Township assessment-roll, (g) the Council of the County shall, by a By- tion. Se *" law (A) to be passed before the thirty-first day of October, in the same year, (i) fix the place for holding the first annual (a) The right of the Municipal Council to appoint the place or places for holding municipal elections may be "from time to time exercised;" and when once exercised, the places appointed continue to be the places for all future elections until otherwise directed by by-law. (See sees. 10, 27, 29, 83, 85.) (b) On the petition of any of the inhabitants of an Unincorporated Village, the Council of the County within which the Village is situate may by by law erect the same into a Police Village (sec. 9) ; and by the same by-law, under the section here annotated, name the place in the Village for holding the election of Police Trustees. Only one place is authorized, and no power to change it as in the case of Mu- nicipalities under the last sectiqn appears to be given. (c) Electors. See sec. 75 et seq. (d) Municipality. See sec. 402, subsec. 1. (e) The elections must take place on the days named, and cannot take place on any other days. If any election do not so take place, appointments must be made pursuant to sec. 126, which appointments are to have the effect of elections. (Sec. 128.) (/) Sworn into office, &c. "Declarations" are in this respect substi- tuted for oaths. See sec. 175 et seq., and sec. 401. (g) See notes to sec. 28. (A) By-law. See sec. 188. (i) The time for doing the act authorized being limited, the act cannot be done after the day named, unless the language used is to be construed as directory only. (Davison et al. v. Gill, 1 East, 64.) THE MUNICIPAL MANUAL. election of Councillors in the Township, and appoint a Return- Officer for holding the same, (,/ ) and otherwise provide for the due holding of the election according to law. (&) 88. In case of the separation of a Union of Townships, the existing division into Wards, if any, shall cease as if the same had been duly abolished by By-law, and the elections Townships of Councillors shall be by general vote until the Township or dissolution Townships are again divided into Wards under the provisions of UniOD - of this Act. (7) 89. When there is no division of a Township into Wards, w , ber rt el ~ the election of Councillors shall be by general vote, (m) and shall be held at the place or places where the last election was held, or in such other place or places as may be from time to fntoWanfc time fixed by By-law. () RETURNING OFFICERS. 9O. The Council of every Municipality (d) in which the Returning . v . . , , , TTr , * * ,- - ^ ', \ i n * Officers to be election is to be by Wards or electoral divisions, (p) shall from appointed by time to time by By-law, (j) appoint Returning Officers to hold theMunira - the next ensuing elections, (r) WHEN CLERKS TO BE (fiX-OFFICIO) RETURNING OFFICERS. 91. In the case of a Municipality in which the election WhenCierk is not to be by Wards or electoral divisions, the Clerk shall be Ke the Returning Officer at all elections after the first, (s) Officer. (j) The places may be from time to time changed by the new Mu- nicipal Council. (Sec. 84.) (&) See sec. 81 et seq. (I) This section does away with the complexity of the former law on the subject. (m) Should the County Council, in the case of a Junior Township having one hundred resident freeholders and householders, &c., not pass a by-'aw before 31st October appointing a place to hold the first annual election of Councillors in the Township, the election might, it is supposed, be conducted by general vote under this section. (n) By-laio. See sec. 186, et seq. (o) Municipality. See sec. 402, subsec. 1. (p) Electoral Divisions. See sec. 268. (/) By-law. See sec. 186, et seq. '(?) As to time for holdiag elections, see sec. 82. (*) The first elections are otherwise provided for. See sec. 82 et ?eq., and sec. 92, and notes thereto. 40 THE MUNICIPAL MANUAL. RETURNING OFFICERS FOR THE FIRST ELECTION IN VILLAGES. Absence of officer D pnh ^ n cver j By-law establishing a Police or In corpora' ted Village, a Returning Officer shall be appointed who is to hold the first election for such Village. (/) 93. In Police Villages, after the first election, (w) the Trustees thereof, or any two of them, shall from time to time, to appoint. by writing under their hands, (v) appoint the lleturning Officer. (10) IF RETURNING OFFICER ABSENT. 94. In case, at the time appointed for holding an election, *ke P erson appointed to be Returning Officer has died, or does not attend to held the election within an hour after the time appointed, (#) or in case no Returning Officer has been ap- pointed, (#) the electors present at the place for holding the election may choose from amongst themselves a Returning Offi- cer, and such Returning Officer shall have all the powers, and shall forthwith proceed to hold the election and perform all the other duties of a Returning Officer, (z) THE RETURNING OFFICER TO BE A CONSERVATOR OF THE PEACE. upturning:; 95. The Returning Officer shall, during the election, act ^rarratora as a Conservator of the Peace for the City or County in which of the peace, the election is held ; and he, or any Justice 6f the Peace hav- ing jurisdiction in the Muuicipj'lity in which the election is held, may cause to be arrested, and may summarily try and punish by fine or imprisonment, or both, or may imprison or bind over to keep the peace, or for trial, any riotous or dis- (/) The appointment is to be made by the by-law establishing the Village, ?ind if not then made may it is presumed be made pursuant to sec. 94. (See sec. 10.) (u] Which is provided for by the preceding section. (i>) Police Villages, not being incorporated, of course have not a corporate seal. (w] A distinction is to be observed between the appointment of the place for holding an election in a Police Village and the appointment of a Returning Officer to hold it. The place is appointed pursuant to sec. 85. The Returning Officer pursuant either to sec. 92 or 93. (x) If the Returning Officer be not dead, but fail to attend, a full hour must elapse before the electors present can choose from among themselves a Returning Officer to supply his place, and when the sub- stitute is so chosen it is apprehended the original Returning Officer cannot appear and take the business out of his hands. (v) Which may happen when the appointment is not made either at the proper time, "by the proper body," or in a proper manner. (z) See sec. 95 et aeq. THE MUNICIPAL MANUAL. 41 orderly person who assaults, beats, molests or threatens an voter coming to, remaining at, or going from the election, (o and, when thereto required, all constables and persons present at the election, shall assist the Returning Officer or Justice of the Peace, on pain of being guilty of a misdemeanor. (&) MAY SWEAR IN SPECIAL CONSTABLES. cjg^ Every Returning Officer or Justice of the Peace may special eon- appoint and swear in any number of Special constables to as- sist in the preservation of the Peace and of order at the elec- tion ; and any person liable to serve as Constable and required to be sworn in as a Special Constable by the Returning Officer or Justice shall, if he refuses to be sworn in or to serve, be li- able to a penalty of twenty dollars, to be recovered to the use of any one who will sue therefor. (c) PROCEEDINGS AT ELECTIONS. 97. -The proceedings at elections shall be as follow : 1. Every Returning Officer shall, unless otherwise provided ducted - by law, give at least ten days' previous notice of the election Notices. to be held by him, by posting the notice in at least four public places in the Municipality, Ward, Electoral Division, or Police Village. (er erkt 2 - The CIerk of ^ e Municipality shall deliver to the Re- copies of the turning Officer who is to preside at the election for the same, Roiisto the or f r every r an j Ward, or : lectoral Division thereof, a Returning j correct copy of so much of the last revised Assessment-lloll for the Municipality, Ward, or Electoral Division, as contains the names of all male Freeholders and Householders rated upon the roll in respect of real property lying in the Munici- pality, Ward, or Electoral Division, with the assessed value of the real property for which every such person is so rated, (e) With his 3. The Clerk shall deliver with such copy his solemn decla- /3^ir, ..+;/,, *''" ; i 11 ration, to the effect that the copy is a true copy of so much of the said roll as relates to such Municipality, Ward or Electoral Division, and contains the names of all male freeholders and householders rated upon the roll in respect of real property lying in the Municipality, Ward or Electoral Division, with the assessed value of the real property for which they are so rated respectively. (/) to be good, would require to be given at latest on 23rd Decmber pre- ceding. As to the posting of the notice in four public places at least, there is less room for doubt. The only difficulty, if any, likely to arise, is to what places are to be deemed "public." To obviate the difficulty, the Returning Officer has only to choose the four most public places in the Municipality, &c., and he will be safe. It is apprehended that where a newspaper is published in the locality, the notice will, in a idition to posting up, be published in it for the requi- site time, as being the most satisfactory mode of notification, though not the one authorized or required. (e) The law requires the Returning Officer to be furnished with a correct copy of so much of the last revised assessment roll for the Municipality, &c., as contains the names of all freeholders rated upon the roll, &c., and it is obvious for what purpose. The purpose is, not to enable the Returning Officer himself to judge of the sufficiency or insufficiency of votes taken, but that all persons interested in the election may have a check at hand at the ume of polling the votes. (The Queen ex rel. Dundas v. Nile.s, 1 U. C. Cham. Rep. 198; see also sees. 75, 76, 77.) Persons whose names are on the original roll, though omitted by accident from the copy, may it seems claim a right to vote ; but riot persons whose names are on the copy, though not on the original roll. (The Queen ex rel. Helliwe'l v. Stephenson, 1 U. C. Cham. Rep. 270.) The copy of the assessment roll furnished to the Returning Officer ought to be alphabetical, and if not so the Returning Officer should himself make it alphabetical. (The Queen ex rel. Davis v. Wilson et al. Chambers, Richards, J., 3 U. C. L. J. 165.) Where the Returning Officer used the original collector's roll, instead of a copy, having first announced that he intended to do so, an<) no one objected, Held that the election was valid. (The Queen ex rel. Hall v. Grey et al, 15 U. C. Q. B. 257.) (/) In framing the declaration required of the Clerk, he cannot do better than adopt the very words of this enactment. Thus: I, A. B., I THE MUNICIPAL MANUAL. 4. The Township Clerk shall also deliver to the Returnin Officer who is to preside at the election for any police village ver in the township, a correct copy of so much of the said assess- ment roll as contains the names of all the male freeholders and householders in the village, and the amount for which they viua-es/ are respectively assessed, together with a like solemn decla- ration verifying the same, as in the case of municipal elec- tions, (y) 5. The Returning Officer shall provide a poll-book ; and at Poll-book to every election at which a poll is demanded, he or his sworn bepr01 poll-clerk shall enter in such book in separate columns the names of the candidates proposed and seconded by any electors present at the election, and shall opposite to such columns write the names of the electors offering to vote at the election, and shall in each column in which is entered the name of a candidate voted for by a voter set the figure 1 opposite the voter's name. (A) 6. The Returning Officer shall commence every election at Hour for e i - , . , . commencing ten or the clock in the forenoon. (?,). Elections. 7. The Returning Officer may close the election in one hour Time of after commencing the same, if within that time no more candi- dates are proposed than by his writ he is to return ; but in case there are more candidates and a poll is demanded, he shall keep open the election till four of the clock in the afternoon of the first day, and then adjourn the same until ten of the clock in the forenoon of the next day, not being a Sunday or a legal holyday, and continue the same till four of the clock in the afternoon thereof, and no longer; but if in the meantime he sees that all the electors intending to vote have had a fair opportunity of being polled, and if one full hour at one time has elapsed without tiny qualified elector during that time giving or tendering his vote, free access having been allowed to electors for the purpose, the Returning Officer may close the election at four o'clock of the first day, or at any earlier hour of the second day. (j) Clerk of, &c., do solemnly declare that the annexed is a true copy, &c. (as in the statute). (g) A police village not being; "a municipality," within the mean- ing of the statute (s. 402, subsec. 1), the necessity for this as a sepa- rate and independent provision is obvious. (h) It is made the duty of the Returning Officer, not of the munici- pality, to provide the poll-book. (i) Should the Returning Officer fail to comply with thfc clnusc, by reason of riot or other emergency, a remedy is provided. (Secs.99, 100.) (/) This sub-section, so far as material to the following observa- 44 THE MUNICIPAL MANUAL. WHAT OATHS HE MAY ADMINISTER. The only oaths to bo required of voters. ig Officer may administer all oaths or affirma- tions necessary at the election. (&) OATHS AND QUESTIONS THAT MAY BE PUT TO ELECTORS. 9. At any election, or at any public vote in respect of a by- law which requires the assent of the electors, the only oaths or affirmations to be required of any person claiming to vote, and appearing by the last revised assessment roll, if any (I), to have the necessary property qualification, are, that he is of the full age of twenty- one years, and is a natural-born or naturalized subject of her Majesty; that he has been, if a householder, a resident within the municipality for which the election is held or vote taken for one month next before the election, and that he has not before voted at the election or on the by-law (as the case may be) ; and that he is the person named in the last revised assessment roll, (or, in case of a new municipality, in which there has not yet been any assessment roll,) that he is a resident freeholder or householder in (naming the property tions, is almost a literal copy of s. 159 of the repealed statute 12 Vic. cap. 81. The meaning of it is, that the Returning Officer shall keep the poll open throughout the first day till four o'clock, and if no voter shall come up to vote for an hour or more after he received the last vote on the first day and before he so closes at four o'clock, .and if he shall see that all the electors intending to vote shall have had a fair opportunity of being polled, then he may close the poll finally at four o'clock on the first day. But it is not intended that after a pause of an hour in the early part of the first day without any voter coming up, he shall resume the polling notwithstanding as soon as a voter shall make his appearance, and so go on till four o'clock, and then close the poll finally. His resuming the polling in such a case will be taken as proof that the hour's delay which had occurred previously did not arise from the fact that all had then voted who intended to vote. (Regina ex rel. Gree.ly et al. v. Gilbert, 16 U. C. Q. B. 263.) It is necessary that during the hours for polling, the electors shall have free access to the polling place. The fact that a large number of duly qualified electors could not cast their votes, is a sufficient reason for setting aside an election, if the result would have been affected by the unpolled votes. (The Queen ex rel. Wilfon, v. Davis et al , Chambers, Richards, J., 3 U. C. L. J. 165.) In case, by reason of a riot or other emergency, the election is not commenced on the pioperday, or is interrupted after being commenced, provision is made for an extension of the time for receiving votes. (Sees. 99, 100.) (k) The Returning Officer should, on request of either of the candi- dates, or his agent, (whether such agent be or be not a duly qualified elector,) administer the necessary oaths or affirmations. (The Queen ex rel. Gardiner v. Perry; Chambers; Hagarty, J. ; May 12, 1857.) (/) If any : these words refer to new townships, &c., not previously assessed. (See sec. 71.) THE MUNICIPAL MANUAL. 45 entitling him to vote at the election) ; and that he has not directly or indirectly received any reward or gift, nor does he expect to receive any, for the vote which he tenders at this election (m). And such oaths shall be administered at the request of any candidate or elector. And no inquiries shall be made of any such person except with respect to the facts specified in such oaths or affirmations. (TZ) 10. The Returning Officer shall, at the close of the poll, add Returning up the number of votes set down for each candidate, except for darereSat 6 the office of mayor in cities and towns (o), and shall publicly of Election, declare the same, beginning with the candidate having the greatest number, and so on with the others, and shall thereupon publicly declare elected the candidate or candidates respectively standing highest on the poll. (p) 11. In case two or more candidates have an equal number when to of votes, the Returning Officer, whether otherwise qualified or JjJ^ * not, shall give a vote for one or more of such candidates, so as to decide the election ; and, except in such case, no Returning Officer shall vote at any election held by him. (j) 08. The Returning Officer shall, within three days after Poii-bookato the close of the election (r), return the poll-book to the Clerk to the clerk, of the municipality from whom he received the copy of the assessment roll (s), and also his solemn declaration thereto (m) Read notes on sec. 75, et seq., which prescribe the qualification of electors. (n) See note k above. (o) As to which, see sec. 101, et seq. (p) The duty of the Returning Officer is imperative. His failure in any material point to observe it, might invalidate the election. (q) It would be well for Returning Officers to pay close attention to this clause. No Returning Officer, whether qualified as an elector or not, is allowed to vote at any election for which he is Returning Offi- cer. The exception is, when two or more of the candidates have an equal number of votes. Then, whether otherwise qualified or not, he "shall give a vote for one or more (that is, when more than one is to be elected) of such candidates, so as to decide the election." (>) Where a thing is to be done within a certain number of days from or after a given day, or an act done, the general rule is, that the first day on which the act is done, is to be reckoned exclu- sively. (Young v. Heggon, 6 M. & W. 49. See Gibson v. Musket, 3 Scott, N. R. 429.) Excluding the first day, or day on which the elec- tion closes, ihe poll-book is to be returned to the Clerk of the munici- pality within three days thereafter. Thus : if the election close on 4th of January, the poll-book ought to be returned at the latest on, 7th of January. (*) Sec. 97, subsec, 2. 46 THE MUNICIPAL MANUAL. annexed, that the poll-book contains a true statement of the poll, and his certificate of the persons (naming them) who have been duly elected, (t) Kiectkm 99. In case, by reason of a riot or other emergency (w), an "rokeaup.to election is not commenced on the proper day, or is interrupted be resumed, after being commenced and before the lawful closing thereof, (v) the Returning Officer shall hold or resume the election on the following day at the hour of ten o'clock in the forenoon, and continue the same from day to day if necessary, until the poll has been open without interruption and with free access to voters for twelve hours in all, or thereabouts (M?), in order that all the electors so intending may have had a fair opportu- nity to vote. if Election is 1OO. But in case the Election has not, by the end of ftlur da^s, f r * ne fourth day from the day the same commenced or should Poll-book to have commenced, (x) been kept open for the .necessary ancu new ' time, (#) the Returning Officer shall not return any person as ordered 1 elected, but shall return his poll-book on the following day to the Clerk of the Municipality, certifying the cause of there not having been an Election, and a new Election shall take place; (2) and the Head of the Municipality shall issue his warrant accordingly, (a) (t) Tt is made the duty of the Returning Officer within the time limited not only to return the poll-book, &c., but his solemn declara- tion thereto annexed, &c., and his certificate, &c. (u) Riot or other emtrgency. An emergency may be described as an event ^uch as a riot, or occasional combination of circumstances, retarding or hindering the election, and calling for immediate remedy. (v) Which ought to be four o'clock of the afternoon of the second day. (Sec. 97, sub-sec. 7.) (w) It is not meant that the poll shall be kept open for twelve hours in succession, but twelve hours in all. The usual time is twelve hours, viz., from ten o'clock till four o'clock on eah of the two days of poll- ing, being six hours on each day. (Sec. 97, subsecs. 6 & 7.) The intention of this section is to ensure to the electors the full time. If, by reason of a riot or other emergency, an election is not commenced on the proper day, or is interrupted after being commenced and before the lawful closing, the Returning Officer is to allow from first to last twelve hours for polling, though on several different days, not exceed- ing four in all. (Sec. 100.) This is to be done "in order that all the electors may have had a fair opportunity to vote." (x) The proper hour for commencement of the poll is " ten o'clock of the forenoon" of the first day appointed. (Sec. 97, eubsec. 6.) (y) Twelve hours. (See note w to above.) (z) The new election is to take place in case the election has not within four days been kept open twelve hours, and the Returning Officer has not returned any person as elected, but has certified the cause of the failure. (a) As to heads of Municipal Corporations, see sec. 65. THE MUNICIPAL MANUAL. ELECTION OF MAYORS OF CITIES AND TOWNS. 47 1O1. Mayors of Cities and Towns shall be chosen by the Election of Electors of such Cities and Towns, at the Annual Election to Mayor8 be held on the first Monday in January. (6) 1O3. The qualification of a Mayor shall be the same as Qualification that of an Alderman in Cities, and of a Councillor in Towns, (c) 1O3. A meeting of the Electors shall take place for the Time and nomination of candidates for the Mayoralty, at the City or Town Hall, on the last Monday but one in the month of "December, before the Annual Election, at ten of the clock in the forenoon, (c/) 1OJL The City or Town Clerk respectively shall preside The cierkto at such meeting, or, in case of his absence, the Council shall pres appoint a person to preside in his place. If the Clerk or the person so appointed does not attend, the Electors present shall choose a chairman or person to officiate from among them- selves, (e) lOo. Such Clerk or Chairman shall have all the powers *^ of a Returning Officer. (/) ing Officer. 1O@. If only one qualified candidate has been within if only one one hour proposed by any elector present at such meeting, the Clerk or Chairman shall declare such Candidate duly elected Mayor. () The power, to proceed under this section may be exercised, firtt, in case the electors neglect or decline to elect the necessary members on the day appointed for the election, and, secondly, in case they neglect or decline to elect the requisite number of members. THE MUNICIPAL MANUAL. 55 members requisite (x) ; and the persons so appointed shall (x) There is a difference between an election and an appointment. (The Queen exrel. Beaiyv. O'Donoghoe et al. 3 U.C. L.J. 75; see also sec. 129 of this Act.) An election, whether by the electors at large or by the members of the Council, is by vote, and usually consists in the choice of the members of the Council by the electors of the municipality, or of the head of the Council by the members of the Council elect, both of -which proceedings are in general essential to the organization of the Council. (Note p to sec. 124.) An appointment is, properly speak- ing, an act of the Council after it has been organized. Thus : the Clerk and other officers are appointed, not elected, by the Council. (See sec. 150.) The section under consideration speaks of appoint- ments not of elections. It therefore becomes material to consider precisely under what circumstances the power of appointment under the section can be exercised. If there be an entire failure to elect members on the day fixed for the purpose, the power to appoint would of course devolve on the Council of the preceding year, which, having been duly organized, continues in office until superseded by the organization of a new Council. But if the failure to elect be only partial that is to say if the failure be to elect the requisite number of members there is more difficulty in interpreting the meaning of the Legislature, as expressed in this section. In such an event, it is declared that " the other members of the Council, or if there be none, then the members for the preceding year, or the majority of them respectively, shall appoint," &c. Does the word "majority" refer to the new or incomplete council, or does it refer only to the old and complete council ? If it refers to the former as well as the latter, does it do so under all circumstances ? Is there any difference in this respect between a majority and a quorum ? Is it necessary that there should be such a majority as constitutes a quorum ? There is much room for argument, and the Editor cannot do more, in the absence of decided cases, than express his individual conviction. It requires a majority of the whole number of members of a council to form a quorum. (Sec. HO.) The decision of the question turns more or less on the word " majority." As applied to the old council, it undoubtedly implies a majority of the whole number of members. If applicable to the new council, the question is, whether it means a majority of the full members of that council also, or only a majority of those elected, though less than a majority of the whole : in other words, whether the expression, "or if there are none," means none at all, or none competent to organize as a council. Less than a majority of the whole number of members requisite could not, it is apprehended, organize. But even on the word "requisite," as used in the section, the same question presents itself in another form. Does it mean requisite to complete the full number of the council, or only requisite to complete a sufficient number to enable them to organize ? If, when the council is incomplete, the members elect, no matter how few or how many, could appoint the remainder, and if, from any cause, a minority of the whole council only were chosen, it would devolve upon the minority to appoint the majority a thing which, it is submitted, the Legislature never contemplated. Were this the case, in the city of Toronto for instance, with a council ordinarily of twenty-four members, if from any cause, returns should be THE MUNICIPAL MANUAL. accept office and make the necessary declarations under the eame penalty in case of refusal or neglect, as if elected, (y) CONTESTED ELECTIONS OR APPOINTMENTS. Trial of con- 137. In case the validity of the election or appointment (z) of a Mayor, Warden, Reeve, Deputy Reeve, Alderman, Councilman, Councillor, or Police Trustee, is contested, a Judge of either of the Superior Courts of Common Law, or the senior or officiating Judge of the County Court of the County in which the election took place, may, in term or vacation, try the validity thereof (a) ; and any candidate at the election, or any elector who gave or tendered his vote thereat, may be the relator for the purpose. (6) made by one ward only, the two aldermen and two council- men chosen for that ward would have it in their power to appoint the remaining twenty members of the council. This would be absurd, and dangerous to municipal government. It is upon the whole submitted, but not without some doubt, that to enable a new but incomplete council to appoint under this section, there must be elected at least a majority of the whole number necessary to enable the council to organize ; and that if there be not that number, or if there be none, it devolves upon the Council of the preceding year to appoint all (or the number deficient) of their successors. (y) See sec. 175, et seq. (z) The difference between an election and an appointment is ex- plained in note x to the preceding section. Before the passing of this act, the courts had not power, under the municipal acts then existing, to determine the validity of an appointment. (The Queen ex rel. Beaty v. O'Donaghoe et al, 3 U. C. L. J. 75.) (a) The trial of a contested election may be had by any Judge of either of the superior courts of common law, or by the senior or offi- ciating Judge of the county court, &c., all of whom possess concur- rent jurisdiction, which jurisdiction is exercisable either in term or vacation. (i) The relator is the person upon whose application the jurisdic- tion of the Judge is put in motion. It is to be observed that " any candidate at the election, or any elector who gave or tendered his vote at the election," may be a relator. The right to be a relator is thus confined to two classes ; first, candidates ; second, electors ; and the right of the latter is restricted to such electors as either voted or tendered their votes at the election. It is presumed that if the election of a head of a corporation, not being a mayor of a city or town, be questioned, any member of the council who either voted or tendered his vote for such head, would be an " elector" within the meaning of the section. If an election or an appointment be ques- tioned by any other than the two classes mentioned, it must be done, not by the summary mode pointed out in the next succeeding section, but by the more expensive and dilatory course of an information in the .nature of a quo warranto. (See The Queen ex rel. Davy v. Bogart et al. 2 THE MUNICIPAL MANUAL. 57 PROCEEDINGS FOR THE TRIAL THEREOF. 128. The proceedings for the trial shall be as follows : Timefor 1. If within six weeks after the election, or one calendar month after acceptance of office by the person elected (c), the relator shows by affidavit (e?) to any such Judge (e) reasona- ed- ble grounds for supposing that the election was not conducted according to law, or that the person declared elected thereat was not duly elected (/) ; and if the relator enters into a recognizance before the Judge, or before a commissioner for taking bail, in the sum of two hundred dollars, with two sure- ties (to be allowed as sufficient by the Judge upon affidavit of justification) in the sum of one hundred dollars each, condi- tioned to prosecute the writ with effect or to pay the party against whom the same is brought any costs which may be U. C. Prac. Rep. 18.) It is not necessary that a relator who was a candidate should show in his application to oust the successful candi- date that he himself is qualified to accept office. (The Queen ex rel. Mitchell v. Adams, 1 U. C. Cham. R. 203.) An elector who limself has been instrumental in electing a candidate, will not be allowed afterwards to complain of the election of that candidate upon the ground of his being a contractor, &c., unless he the elector show that at the time of the election he was ignorant of the disqualification of the candidate. ( The Queen ex rel. Loyall v. Ponton, 2 U. C. Prac. Rep. 18.) Upon similar principles it has been held that a councillor who is instrumental in the election of a particular person as Reeve or Deputy Reeve, cannot afterwards be allowed to move against the person so elected Reeve or Deputy Reeve. (The Queen ex rel. Rosebush o. Parker, 2 U. C. C. P. 15.) (c) The first point for consideration is the time within which the application is to be made, that is, " within six weeks after the elec- tion, or one calendar month after the acceptance of office by the per- son elected." In the computation of the six weeks, the day of the election is to be excluded So it would appear that six weeks at all events is allowed, to impeach the election, although the office may have been accepted more than a calendar month. If the application be not made within the six weeks, the test is then whether the office has been accepted more than one calendar month. (The Queen ex rel. Rose- bush v. Parker, 2 U. C. C. P. 15.) (d) It seems, though it has not been expressly decided, that the attorney of the relator may act as a commissioner for taking the re- cognizance and affidavit. (The Queen ex rel. Blaisdell v. Rochester, 12, U. C. Q. B., 630.) (e) Any such Judge. See note a to sec. 127. (/) The grounds of the application are here specified, viz. either that the electien was not conducted according to law, or that the per- son declared elected was not duly elected. In one sense the first branch, of the clause involves the second. If the elections have not been con- ducted according to law, the person declared elected could not in all probability be " duly elected." But the converse of the rule will not 58 THE MUNICIPAL MANUAL. Writ of quo warranta. When the Relator claims to be elected. When seve- ral are com- plained of. All to be tried by the *me Judge. adjudged to him against the relator (#), the Judge shall direct (li) a writ of summons in the nature of a quo icarranto (i) to be issued to try the validity of the election, (j) 2, In case the relator alleges that he himself or some other person has been duly elected, the writ shall be to try the validity both of the election complained of, and the alleged election of the relator or other person. (&) 3. In case the grounds of objection apply equally to two or more persons elected, the relator may proceed by one writ against such persons. (7) 4. Where more writs than one are brought to try the validity of an election, all such writs shall be made returnable before the Judge who is to try the first; and such Judge may give one judgment upon all, or a separate judgment upon each one or more of them, as he thinks fit. (m) hold. The election may have been conducted according to law, and yet the person declared elected not have been duly elected, as where he is ifot qualified to be elected. The clause is expressed in the alter- native to meet both these cases, or other similar cases. (g) For form of recognizance, see APPENDIX. (A) For form of fiat, see same. (i) For form of writ, see same. (/) The ordinary mode of calling in question the right of a person to an office, and when elected or appointed, of indirectly determining his election or appointment, is an information in the nature of a quo warranto. (Cole on Informations, 138.) This mode is both slow and expensive. The mode given by this statute is, so far as it goes, a substitute. It is attended with little expense, and is of a most sum- mary nature. Where the objection urged against an election on an application under the Statute was a material one, and the application being irregular, the relator notified defendant not to appear, it was held that the same relator was not precluded from making a second application. (The Queen ex rel. Metcalfe v. Smart, 10 U. C. Q. B. 84.) (&) It seems to be well understood that before a Judge will enter- tain an application, not merely to make void the election of the party complained against, but to declare the relator or some other person elected in his stead, it must be shown, to the satisfaction of the Judge, that notice had been given of the disqualification of the successful candidate at such a time and in such a manner as must have made the electors aware that if they voted for that candidate their votes would be thrown away. (The Queen ex rel. Clark v. McMullen, 9 U.C.C.B. 467.) (1} It has been held that a private relator has no right by a writ of summons, in the nature of a quo warranto, either to attack the Town- ship Council by name upon grounds which, if mentioned, must neces- sarily lead to a dissolution of the body, or to attack the whole Council in one proceeding, through the individual names of every member of it. (The Queen ex rel. Lawrence v. Woodruff, 8 U. C. Q. B., 336.) (;) At an election there may be several candidates so there may THE MUNICIPAL MANUAL. 5. The writ shall be issued by the Clerk of the process of 2S Sd to the said Superior Courts, or by the Deputy Clerk of the Crown return day in the county in which the election took place, and shall be returnable before the Judge in Chambers of the Superior Courts at Toronto, or before the Judge of the County Court at a place named in the writ (m), upon the eighth day after ser- vice, computed exclusively of the day of service, or upon any later day ramed in the writ, (n) 6. The Judge before whom the writ is made returnable, or Returning is returned (o), may, if he think proper, order the issue of a writ of summons, at any stage of the proceedings, to make the party. Returning Officer a party thereto. 7. Every writ under this section shall be served person- ally (p), unless the party to be served keeps out of the way to less excused be several persons elected to office. In townships, for instance, a councillor for each ward. In cities, two aldermen and two council- men for each ward. One person may see fit to contest the election of any successful candidate. So another person may see fit to contest the election of another of the successful candidates. Each relator complying with this Statute, may have his own separate and inde- pendent writ. In this way there may be several writs brought to try in fact the validity of the same election. When such is the case, all the writs are to be made returnable before the Judge who is to try the first. One object is obvious, and that is to preserve uniformity of de- cision. (n) Although a County Court Judge may grant a fiat for the writ, it is always to be issued out of one of the superior courts. It is sug- gested that the fiat should state before what Judge the writ is to be returnable. It is conceived that a writ declared to be issued by a County Court Judge ought to be made returnable before himself, and? that when it is issued by a Judge of the Superior Courts, it ought to be made returnable before the presiding Judge in Chambers. (o) " Is made returnable, or is returned." This expression appears to be used in order that a writ "returnable" on the face of it before a Judge named therein may be "returned" to and acted upon by any Judge presiding in Chambers, or the Judge presiding in the County Court for the time being, according as the Judge mentioned in the writ belongs to a superior or an inferior court. (p) " Personal service" of a writ has never been defined by the legislature. Each case is left to depend on its own particular circum- stances. The Courts have not held it necessary to put process into the actual corporeal possession of the defendant to constitute personal service, but have looked more to the object of the service timely notice to defendant of intended legal proceedings against him. (Har. C. L. P. A., note / to sec. 34, p. 73). In general a copy of the writ should be left with defendant, and the original shown to him if he de- sire to see it. ( Goggs v. Huntingtower, per Alderson B. 1 D. & L. 599) The copy of the writ must be left with, and not merely shown to defendant. (Worley v. Glover, 2 Str. 877.) Though defendant THE MUNICIPAL MANUAL. avoid personal service; in which case the Judge (q), upon being satisfied thereof by affidavit or otherwise, may make an order for such substitutional service as he thinks fit. (r) Jr h an C Eor 8 - Tne Judge before whom the writ is returned may allow may>'mter- any person who was entitled to vote at the election to inter- vene and defend the election, and may grant a reasonable time for the purpose (s) ; and any intervening party shall be liable or entitled to costs, like any other party to the proceedings, (t) ten* shall, in a summary manner, upon statement and answer without formal pleadings, hear and determine the validity of the election (tt), and may by order cause the assess- ment rolls, collectors rolls, poll books, and any other records of the election, to be brought before him, and may inquire into the facts on affidavit or affirmation, or by oral testimony, or by issues framed by him and sent to be tried by jury by writ of trial directed to any court named by the Judge, or by one or more of these means, as he deems expedient, (y) Andremove, 1Q. I n case the election complained of is adjudged invalid. .admit or -_._ i n / i i i vo Confirm. the Judge shall forthwith, by writ, cause the person found not to have been duly elected to be removed; and ia case the Judge determines that any other person was duly elected, the Judge shall forthwith order a writ to issue causing such other person to be admitted ; and in case the Judge determines that refuse to take the copy, if the person serving it bring it away with him, the service will be defective, [Pigeon v. Bruce, 8 Taunt 410,) where the copy was thrust through the crevice of a door to defendant, who had locked himself within, the service was held to be sufficient. (Smith v. Wintle, Barnes 405.) Service upon a wife, agent, or ser- vant, is not personal service. (Frith v. Donegal, 2 Dowl P. C. 527 ; Davies v. Morgan, 2 C. & J. 237 ; Goggs v. Hun tin glower, 1 D. & L. 599 ; Christmas v. Eicke, 6 D. & L. 156.) See further note / to sec. 34 of the editor's work on the Common Law Procedure Acts. {#) i. e., the Judge before whom the writ is returnable or returned. (r) Such as sticking up the copy in tke Crown Office, or office of Deputy Clerk of the Crown. (See note d to sec. 45 of the editor's work on C. L. P. Acts, 1856.) (s) No elector unless one who has either voted or tendered his vote at the election, can be a relator, (see note b to sec. 127,) but any person entitled to a vote may appear and defend the election under the clause here mentioned. The distinction deserves to be noted. (t) See note e>to subsec. 16, p. 62. (u) The power is not only to hear but to determine, and the deter- mination is final. (See note / to subsec. 17, p. 63.) (y) For form of writ of trial, see APPENDIX. THE MUNICIPAL MANUAL. 61 flo other person was duly elected instead of the person removed, the Judge shall by the writ cause a new election to be held (M>) 11. In case the election of all the members of a Council is J}^ adjudged invalid, the writ for their removal and for the elec- ousted, & c ,. tion of new members in their place, or for the admission of ^.^^ others adjudged legally elected, and an election to fill up the go to the remaining seats in the Council, shall be directed to the Sheriff S1 of the county in which the election took place (x) ; and the sheriff shall have all the powers for causing the election to be held, which a Municipal Council has in order to supply vacan- cies therein, (y) 12. Any person whose election is complained of may, Defendant within one week after service on him of the writ (2), transmit, ?m post-paid, through the post office, directed to " The Clerk of Judge's Chambers, at Osgoode Hall, Toronto/' or to ".The HOW to pro- Judge of the County Court," of the County of (as the ceed - case may be) ; or may cause to be delivered to such Clerk or Judge a disclaimer, signed by him, to the effect following : (a) "I, A. B. ? upon whom a writ of summons in the nature of a quo warranto has been served, for the purpose of contesting my right to the office of Township Councillor (or as the case may be) for the township of , in the county of (or as the case may be), do hereby disclaim the said office, and all defence of any right I may have to the same. " Dated the day of , 185 . " (Signed) A. B." (w) For forms of writ to meet these three several cases, see APPENDIX. (x] For form of writ, see APPENDIX. (y) Sections 90 and 122 of this act, taken together, show that the Sheriff is to appoint a Returning Officer when an old, has been super- seded by a new Council. Where the members of the new Council have been ejected there can be no longer any councillors in possession of the office. The object therefore of this clause is to enable the Sheriff to take the steps necessary to the election or admission of new members with a view to the re-organization of the Council. (2) The writ is to be generally made returnable on the eighth day after service, computed exclusively of the day of service (subsec. 5, p. 59) ; and the design of this clause is, that the disclaimer, if any should be filed before the writ is returned. (a) When the writ has been issued by direction of a Judge of one of the Superior Courts and is returnable before a Judge of any such court, the disclaimer should be addressed, " To the Clerk of Judge's Chambers, at Osgoode Hall, Toronto," or if returnable before the Judge of the County Court, then to " The Judge of the County Court of the County of, &c." In either case, the disclaimer so addressed THE MUNICIPAL MANUAL* Registry of Disclaimer. Disclaimer to be deliver- ed to Clerk. Costs pro- vided for. When dis- cretionary. 13. Such disclaimer, or the envelope containing the same, shall moreover be endorsed on the outside thereof with the word "Disclaimer," and be registered at the Post Office where mailed. (&) 14. Every person so disclaiming shall deliver a duplicate of his disclaimer to the Clerk of the Council, and the Clerk shall forthwith communicate the same to the Council, (c) 15. No costs shall be awarded against any person disclaim." ing as aforesaid, unless the Judge is satisfied that such party consented to his nomination as a candidate or accepted the office, in which cases the costs shall be in the discretion of the Judge. () ments ' WHO TO PRESIDE IN COUNCIL. 14e$. The head of every Council shall preside at the The Head meetings of Council (i), and may at any time summon a spe- cial meeting thereof (j) ; and it shall be his duty to summon a special meeting whenever requested in writing by a majority of the Council. (&) 144. In case of the death or absence of the head of a Town Council the Reeve (Q, and in case of the absence or death of both of them, the Deputy Reeve, and in case of the death preside. or absence of the head of a Village or Township Council, the Deputy Reeve, shall preside at the meetings of Council (m), and may at any time summon a special meeting thereof. () (/) The Court, upon an application to quash a by-law, on the ground that a quorum of the Council was not present at its passing, refused to interfere, conceiving it had not power to do so. (Suther- land v. The Municipal Council of the Township of East Nissouri, 10 U. C. Q. B. 626.) (g] This applies to municipalities having five members only (see sec. 66), and the effect is, that although three constitutes a majority and forms a quorum, a majority of that majority cannot decide any question before the Council. When three members only are present, they must be unanimous. When four or five are present, it requires three at least to make a majority. (A) After the first meeting (sec. 130), there are no periods of meet- ing fixed by statute : the matter is left to the discretion of each Council. (<) i. e., Warden, Mayor, or Reeve, as the case may be. (See sec. 65.) (/) A special meeting may, under certain circumstances, be close and private. (Sec. 139.) (k) A. bare majority is all that is here meant or required, but it must be a majority of the whole number of the Council. (/) Town Council, i. e., of a town not separated from the county in which situate (see sees. 26 & 66) ; for in a town not so separated the Mayor is head, then the Reeve, and then the Deputy Reeve. (m) In a township or village the Reeve is head, and then the Deputy Reeve. (n) The latter part of this section belongs to the whole section, that is, any acting head authorised by the section may, among other things, at any time summon a special meeting of the Council. ' 68 THE MUNICIPAL MANUAL. Absence of Head provid- ed for. Casual absence pro- vided for. 145. In the absence of the head of the Council, and, in the case of a town, village or township, in the absence also of the Reeve if there be one, and also of the Deputy Reeve if there be one, by leave of the Council or from illness (o), the Council may, from among the members thereof eligible to be elected head, appoint a presiding officer, who, during such ab- sence, shall have all the powers of the head of the Council, (p) 1 16. If the person who ought to preside at any meeting does not attend within a reasonable time after the hour ap- pointed (3-), the members present may appoint a chairman from amongst themselves, and such chairman shall have the same authority in presiding at the meeting as the absent per- son would have had if present, (r) Head to vote. 147. The head of the Council, or the presiding officer or chairman of any meeting of any Council (s), may vote with the other members on all questions () ; and any question on which there is an equality of votes, shall be deemed to be negatived, (u) RESIGNATIONS OF HEADS OF COUNCIL. Resignation 148. The head of a Council, or the Reeve of a town, or provided for. the Deputy Reeve of a town, village or township may at any time resign his office (y) ; and in such case, or in the case of Presumitur pro negante, in case of ties. (0) Provision is here made for the absence of all persons ex officio entitled to preside. (p) The word " eligible" applies to cities, in which aldermen are so eligible, but not councilmen. (Sec. 66.) (q) Provision is made in the preceding section for " death," or "absence," and here for non-attendance " within a reasonable time after the hour appointed." (r) Chairman ; that is, it is apprehended, a person eligible to be head or presiding officer of the Council. (See sees. 145 & 148.) (s) The form of words used deserves attention. The head, &c., or the presiding officer, or chairman, &c., so as to embrace every possi- ble state of circumstances under the preceding sections. (t) "All questions," &c. ; no exception of any kind created. (u) This is in accordance with the old Latin maxim, " Omnia pre- sumuntur pro negante." (v) The right of a member of a Municipal Corporation to resign in the absence of express provision authorizing it, has been doubted. (See The King v. Tidderley, Sid. 14, Com. Dig. tit. "Franchise," F. 30 ; The King v. The Mayor of Ripon, I Rayd. 563 ; The King v. Lane, 2 Rayd. 1304.) In 2 Roll. Abr. 456, it is said that an alderman, with the assent of the Corporation, may resign his office in the Corporation, and that the Corporation may accept the resignation .as of right. The power of the head of a Corporation, under the sec- THE MUNICIPAL MANUAL. a vacancy in any such office by death or otherwise (w), the Council or its remaining members shall, at a special meeting for the purpose, or at the first regular meeting after the vacancy occurs, elect from among themselves a qualified person to fill the office, (x) OF COUNCILLORS. 14LO. Any member of a Council may, with the consent of Members the majority of the members thereof, to be entered on the mayM minutes of the Council, resign his seat in the Council (y), and the vacancy shall be supplied as in the case of a natural death, (z) OFFICERS OF CORPORATIONS. THE CLERK, AND DUTIES OF. loO. Every Council shall appoint a Clerk (a) ; and the The cierk, Clerk shall duly record in a book, without note or comment (6), duties. 8 all resolutions, decisions and other proceedings of the Council, and, if required by any member present, shall record the name and vote of every member voting on any matter submitted, and shall keep the books, records and accounts of the Council; and shall preserve and file all accounts acted upon by the Council, and also the originals or certified copies of all by-laws, and of all minutes of the proceedings of the Council } all tion here annotated, to resign, is given with or without the assent of the Corporation. No ordinary member can resign without the assent of the majority of the members. (Sec. 149.) It is to be observed that there is no mode of resignation prescribed by the statute. It may therefore be proper for Municipal Councils, by by-law, to regulate the steps to be taken in such a proceeding. (w) Or otherwise. (See note i to sec. 122.) (x) The expression used is "elect." The act being after the organ- ization of the Council, the head, &c., of the Council would of course preside and take the votes. In the event of an equality of votes, there would, it is presumed, be in effect a negative, under sec. 147. If the section embraces Mayors, as well as other heads of Council, a conflict arises between it and sec. 122, pointed out in the notes to the latter section. (y) See note v to sec. 148. (z) i. ., by public election. (See sec. 122.) (a) It appears to be imperative on the Council to appoint a Clerk. Convenience, if not duty, however, will at all times render one necessary. (b) The Clerk being an executive officer of the Council, it is his duty to make all entries as directed. He is not at liberty, without the previous sanction of the Council, to exercise any discretion of his own. His record of proceedings is to be " without note or comment." 70 THE MUNICIPAL MANUAL. which he shall so keep in his office, or in the place appointed by by-law of the Council, (c) oee Any person may inspect any of the particulars afore- inspectkm. said at all seasonable times (r7) ; and the Clerk shall within a Copies to be reasona kle time furnish copies thereof to any applicant at the furnished, rate of six pence per hundred words, or at such lower rate as therefore. the Council appoints (e) ; and shall, on payment of his fee therefor, furnish within a reasonable time to any elector of the municipality, or to any other person interested in any by-law, order, or resolution, or to his attorney, a copy of such by-law, order, or resolution, certified under his hand and under the corporate seal. (/) cierk to 1)2. The Clerk of every city, town, incorporated village y^i^rl* and township, shall, on or before the first day of December in turn of rate- each year, transmit to the Receiver-General a true return of Receiver e the number of resident rate-payers appearing on the revised General. assessment roll of his municipality for the year (#), and shall accompany such return with an affidavit, made before a Justice of the Peace, verifying the same (h), in the following form : "I, A. B. Clerk of the Municipality of the city, town, township or village (as the case may be), make oath and say, that the above, or the within written, or the annexed return, (c) The duties of the Clerk, here enumerated, are the following: 1. To record all resolutions, decisions, and other proceed- ings of the Council. 2. If required by any member present, to record the name and vote of every member voting. 8. To keep the books, records, and accounts of the Council. 4. To preserve and file all accounts acted upon by the Council. 6. To keep the original or certified copies of all by-laws and of all minutes and other proceedings of the Council. 6. All which be is to keep in his office, or in the place ap- pointed by by-law of the Council. Other duties are imposed by succeeding sections of this Act. (d) See last note. (e) Upon tender of the remuneration specified, it is made the duty of the Clerk to furnish the copies required, a duty which it is con- ceived might, in the event of refusal, be enforced by mandamus. (/) See note c to sec. 194. (g] The Statute 19 Vic. cap. 16, required annual returns of this kind to be made to the Receiver General, with a view to the appro- priation of moneys arising from the clergy reserves. (A) It is made the positive and distinct duty of the Clerk on or be- fore the day mentioned, not only to transmit the return, but to ac- company it with the affidavit, of which a form is given. A penalty for neglect of duty is imposed by next section. (Sec. 153.) THE MUNICIPAL MANUAL. 71 carrtaiRS a true statement of the number of resident rate-payers appearing on the assessment roll of the said city, town, town- ship or village, for the year one thousand eight hundred and fifty- (Signed) A. B. " Sworn before me," &c. ]>&. And in case of default in any year so to transmit (i) Penally for the Clerk shall be liable to a penalty of twenty dollars, to be default ' paid to the Receiver General for the use of the Province, to be recovered by summary proceedings in the manner provided for the recovery of penalties "for infringing By-laws under this Act. (/) j,l 1. The Clerk of every township, village, and town (7^) TO make a shall, in each year, within one week after the first day of Jan- uary, (/) make a return to the Clerk of the Connty in which County the Municipality is situate, of the following particulars res- lerk " pecting his Municipality for the year then last past, (m) namely : 1. Number of persons assessed. 2. Number of acres assessed. (T& i( 3. Total of rentals of real property. 4. Total of yearly value other than rentals of real property. 5. Total actual value ef real property. 6 Total of taxable incomes. 7. Total value of personal property. 8. Total yearly value of personal property. I 3 jf 9. Total amount of assessed value of real and per- sonal property. B o GG L 10. Total amount of taxes imposed by By-laws of the Municipality. 11. Total amount of taxes imposed by by-laws of the County Council. * {) See note h to sec. 152. (j) See sec. 203 et seq. (k) So the Clerk of every city (sec. 156.) but the return of the City Clerk, instead of being made to the County Council, is to be made to the Provincial Secretary. (Z) As to computation of time, see note r to sec. 98. (m) The statute 16 Vic. cap. 163, required statistical returns of this kind to be made to the government. For neglect 01 duty a penalty is imposed by sec. 157 of the Act under consideration. The township in the same event is also liable to punishment. o j fe *< A W 72 THE MUNICIPAL MANUAL. 12. Total amount of taxes imposed by By-laws of any Pro- visional County Council. 13. Total amount of Lunatic Asylum or other Provincial tax. 14. Total amount of all taxes as aforesaid. [mm 15. Total amount of income collected or to be collected from, assessed taxes for the use of the Municipality. 16. Total amount of income from licenses. 17. Total amount of income from public works. 18. Total amount of income from shares in incorporated Companies. 19. Total amount of income from all other sources. 20. Total amount of income from all sources. 21. Total expenditure on account of roads and bridges. 22. Total expenditure on account of other public works and property. 23. Total expenditure on account of stock held in any in- corporated Company. 24. Total expenditure on account of schools and education, exclusive of School Trustees rates. 25. Total expenditure on account of the support of the poor or charitable purposes. 26. Total expenditure on account of Debentures and interest thereon. 27. Total gross expenditure on account of Administration of Justice in all its branches. 28. Amount received from Government on account of Ad- ministration of Justice. 29. Total nett expend're on ae't of Administration of Justice. 30. Total expenditure on account of salaries, and the ex- penses of Municipal Government 31. Total expenditure on all other accounts. 32. Total expenditure of all kinds. 33. Total amount of liabilities secured by Debentures. 34. Total amount of liabilities unsecured. 35. Total liabilities of all kinds. 36. Total value of real property belonging to Municipality. 37. Total value of stock in incorporated Companies owned by Municipality. 38. Total amount of debts due to Municipality. 39. Total amount of arrears of taxes. 40. Balance in hands of Treasurer. 41. All other property owned by Municipality. 42. Total assets. (mm) There is no longer any Provincial Lunatic tax (20 Vic. cap. 8), but there is a Provincial tax on. tavern liceases (22 Vic. cap. 76> s. 14). THE MUNICIPAL MANUAL. 73 155. The Clerk of every County shall, before the first County day of February, in each year, () prepare and transmit to the Sakea Provincial Secretary a statement of the aforesaid particulars return to th* 111 AT ! i i'/~i s ~\ Provincial respecting all the Municipalities within his County, (o) enter- secretary. ing each Municipality in a separate line, and the particulars required opposite to it, each in a separate column, together with the sum total of all the columns for the whole County, and shall also make at the same time a return of the same par- ticulars respecting his County, as a separate Municipality, (p) 156. The Clerk of every City, shall, before the first day And ako of February in each year, (<})make a return to the Provincial ciSS f Secretary of the same particulars respecting his City, (r) 157. The Treasurer of the County shall retain in his Moneys to hands any moneys payable to any Municipality, if it is certified ifretu"^ to him by the Clerk of the County that the Clerk of such Mu- not made, nicipality has not made the returns hereinbefore required ; and the Receiver-General shall retain in his hands any moneys payable to any Municipality if it is certified to him by the Provincial Secretary that the Clerk of such Municipality has not made the returns hereinbefore required ; (s) and any per- son so required to make any return by a particular day who fails so to do, shall be liable to a penalty of not more than twenty dollars, to be paid to the Receiver-General for the use of the Province, to be recovered as last aforesaid, (t) 158. The Provincial Secretary shall, as soon as may be after the commencement of every session, lay before both Houses of the Legislature a copy of all returns hereinbefore turns befor& . 1,1 i ./ N . Parliament, required to be made, (u) (n) Thus the Clerk of the Council, if returns are duly made to him -"will have about three weeks to prepare /n's return. (o) *'. e. of all townships, villages and towns, from which, under the preceding section he has received returns. ( p) In addition to a return containing all the particulars furnished to him pursuant to sec. 154, it is to be specially noticed that he is required to make a return " of the same (similar) particulars respect- ing his County as a separate Municipality." (i?) A City being deemed for Municipal purposes a County, the Clerk of the City has the same time allowed him within which to make his return as the Clerk of the County. (Sec. 155.) (r) Sec. 154. (s) This and the next succeeding section (158) prescribe the duties of the officers therein mentioned. It is only necessary to discriminate between what is to be done by the Clerks of the different Municipali- ties, by the County Treasurers, and by the Provincial Secretary re- spectively. (t) See sec. 153. (u) See note s, above. 74 THE MUNICIPAL MANUAL. CHAMBERLAIN AND TREASURER. Treasurer to 159. Every City Council shall appoint (o) a Chaniher- te appointed j^ ^ eveT y ^j^ c ounc ii s fr d \\ appoint a Treasurer (p) TO give afi d every Chamberlain and Treasurer, before entering upon security. the duties of his office, shall give such security as the Council directs, for the faithful performance of his duties, and especi- ally for duly accounting for and paying over all moneys which 1 may come into his hands. ( i T -i i i ^ in such manner as the laws ot the rrovince and the lawful by-laws or resolutions of the Council direct. (V) TO make a J61. The Treasurer or Chamberlain of every munici- T earl 11 to the parity for which any sum of money has been raised on the Provincial credit of the Consolidated Municipal Loan Fund (/), shall, so Audit. f l n & ^ s an j P arfc f su(? h sum > r of the interest thereon, remains unpaid by such Municipality, transmit to the Board of Audit, on or before the fifteenth day of January in every year, a return, certified on the oath of the Treasurer or Cham- berlain before some Justice of the Peace, containing the amount of taxable property in the Municipality, according to the then last assessment roll cr rolls, a true account of all the debts and liabilities of the Municipality for every purpose, for the then last year, and such further information and particu- lars with regard to the liabilities and resources of the Munici- (o) See note a to sec. 150. (/>) The offices of Chamberlain and Treasurer, and member of the Council, are incompatible. (The Queen v. Sr>n/A,4U.C.Q.B. 322 & s. 162.) If by any disregard of the law, accidenral or otherwise, a person has been placed in the office who cannot by law hold it, things must take their course the illegality must be ascertained and pronounced upon in a proper proceeding, instituted to try the question. (Ib.) (q) The Chamberlain or Treasurer is, first, to give security; secondly, the security is to be given before he enters upon the duties of his office ; and, thirdly, it is to be for the faithful performance of his duties, and especially for duly accounting for and paying over all moneys which may come iuto his hands. (r) As it is the duty of the Clerk to keep all books and records (sec 150), so it is of the Treasurer, &c., to keep all moneys belonging to the Corporation. (Sec. ICO.) (s) This refers the Treasurer, &c., to the Provincial statutes such as the Assessment Act and the School Acts as well as to by-laws of the municipality that relate to the subject, though not expressly mentioned. (t) See 16 Vic. caps. 22 & 123. TIIE MUNICIPAL MANUAL. 75 pality, as the Governor in Council may from time to time require (w), under a penalty, in case of neglect or refusal to transmit the return, account, information or particulars, of one hundred dollars, to be recovered with costs as a debt due to the Crown, according to the fifteenth section of the statute, eighteenth Victoria, chapter seventy-eight, to secure the more efficient Auditing of the Public Accounts. (Y) ASSESSORS AND COLLECTORS. 162. The Council of every Municipality except a County Assessors (?/>) shall as soon as may be convenient after the general elec- tortappd^t- tion (x), appoint as many Assessors and Collectors for the mentapd Municipality as the Assessment Laws from time to time au- c ai thorize or require, and shall fill up any vacancy that occurs in the said offices as soon as may be convenient after the same oc- curs (y); but the Council shall not appoint as Assessor or Col- lector a member of the Council (z\ or a person who has not the same property qualification as that required for a Council- lor or Councilman of the Municipality, (a) The same person may, in a city, town, or township, be appointed Assessor or Collector for more than one ward. 6 (w) It is, by 20 Vic. cap. 20, sec. 1, made the duty of the Treasurer of any Municipality in arrear for any sura of money borrowed under 16 Vic. cap. 22, to certify to the Provincial Secretary, within one month after the time when the sum of money is payable, the total value of the assessed property, and the Tate in the pound in such Munici- pality, for the year preceding the default. (Sec. 1.) (y) In any action for the recovery of such a penalty, it is sufficient to prove by any one witness or other evidence, that such return, &c., ought to have been transmitted by the defendant as alleged on the part of the Crown ; and the onus of proving that the same was so transmitted is to rest upon the defendant. (Latter part of sec. 15 of 18 Vic. cap. 78.) (w) County rates are levied through the instrumentality of the dif- ferent municipalities within the County, and for this reason, county municipalities do not require either assessors or collectors of their own (see sees. 31 to 34, 39 and 49, 16 Vic. cap. 182, and sees. 165 and 221 of the act here annotated ) (x) See sec. 82 et scq. (y) See Statute 16 Vic. cap. 182, sees. 15 et seq and 39 et seq. (z) A member of a Council to become eligible to be appointed as- sessor or collector would have to resign under sec. 148 or 149, before accepting the appointment. (a) See sec. 70. (b) See 16 Vic. cap. 182, sees. 15 et seq. and 39 et seq. 76 THE MUNICIPAL MANUAL. designate freeholders and house- holders in ment rolls. Householder denned. Collector of Provisional County. Moneys, how to be disposed of. Auditors. 163* The Assessors shall state in their assessment rolls whether the persons named therein are freeholders or house- holders, or both, and shall, in separate columns for this pur- pose, use the initial letter F and H to signify the same res- pectively, (c) 164. Every occupant of a separate portion of a house, such portion having a distinct communication with a public road or street by an outer door, shall be deemed a householder within this act. (c?) 16> The Collectors of the several townships in a junior county of a Union of counties shall ex ojficio be Collectors in such townships for the Provisional Council, and the Collectors shall pay over to the Provisional Treasurer the money they collect under any by-law of the Provisional Council, (e) 166. The money so collected shall be deemed the money of the Union, so far as necessary to make the Collectors and their sureties responsible to the Union therefor; and in case the Corporation of the Union receives the same, such Corpo- ration shall immediately pay the amount to the Provisional Treasurer, retaining the expenses of collection. (/) AUDITORS. 16 7 1 . Every Council shall, at the first meeting thereof in every year after being duly organized, appoint two Auditors, one of whom shall be such person as the head of the Council nominates (#) ; but no one who, at such time, or during the (c) Greac responsibilities rest upon Assessors. Their work is not only tbe basis of municipal but of parliamentary elections. It is from the assessment roll, as revised and finally passed, that the list of par- liamentary voters is made. (22 Vic. cap. 82, sec. 4.) (d) A party is not the less a householder, or the less an occupant, because he lets a portion of his house to lodgers. The retention of any portion of the house as his own dwelling, gives him the legal occupation of the whole. The occupation of a lodger is considered in law that of the landlord. (See Phillip's case, Alcock's Registration cases, 20; Diugenan's case, Ib. 114; see also Saunders' Law and Practice of Municipal Registration, 1.) No lodger, though occupying the principal part of the house, is ever rated; but the owner, how small soever the part reserved to himself, is in the eye of the law the occupier of the whole. ( The King v. Eyles, Cald. S. C 414.) (e) As to debts of the Union, see sec. 46. (/) See sec. 46 et seq. (#) The Council is to appoint two Auditors annually, but one of them is to be a person nominated by the head of the Council. Hence it will be seen that a nomi Cation, though not an appointment, is, under this section, in effect the same. THE MUNICIPAL MANUAL. 77 preceding year, is or was a member, or is or was Clerk or Treasurer of the Council (/i), or who has or during such pre- ceding 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 (i), except as Auditor, shall be appointed an Auditor. (J) 168. The Auditors shall examine and report upon all Duties of. accounts affecting the Corporation, or relating to any matter under its control or within its jurisdiction, for the year ending on the thirty-first day of December preceding their appoint- ment. (&) 169. The Auditors shall prepare an abstract of the TO prepare receipts, expenditures and liabilities of the Corporation, and also a detailed statement of the said particulars in such form as the Council directs, and report in duplicate on all the accounts audited by them, and shall file the same in the office tures ' &c ' of the Clerk of the Council within one month after their appointment (7) ; and thereafter any inhabitant or rate-payer of the municipality may inspect one of such duplicate reports at all seasonable hours, and may by himself or his agent at his own expense take a copy thereof or extracts therefrom, (m) (h) All persons who have been members of the Council, or held office under the Council, are not disqualified, but only such as held office "during the preceding year ;" that is, the year preceding the appointment. (i) As to being a contractor, or having an interest in a contract, see note m to sec. 73. (j) This is to enable the same individual to be reappointed to th office of Auditor. As to the declaration to be taken by an Auditor before entering on the duties of his office, see sec. 178. (k) The Auditors, when appointed, have a duty to perform, and that duty is to examine and report upon all accounts affecting the Corporation, or relating to any matter under its control or within its jurisdiction, &c. Further duties are prescribed by the next following section (169). (I) The duties of Auditors, under this section, may be thus classed : 1. To prepare an abstract of the receipts, expenditures and liabilities of the Corporation. 2. To prepare a detailed statement of the said particulars, in such form as the Council may direct. 3. To report in duplicate on all accounts audited by them. 4. To file the reports in the office of the Clerk of the Coun- cil within one month after appointment. (m) The right to inspect the auditors' reports is extended to " any inhabitant or rate-payer." The difference between an inhabitant and a rate-payer is, that " inhabitant" means a resident, whether a rate- payer or not, and that a " rate-payer" is a person who pays taxes, 78 THE MUNICIPAL MANUAL. ?o h audit ncil 17O. The Council shall, upon the report of the Auditors, finally, &c. finally audit and allow the accounts of the Treasurer or Cham- berlain and Collectors, and all accounts chargeable against the Corporation (n) ; and in case of charges not regulated by law, the Council shall allow what is reasonable, (o) cierk to fub- 171. The Clerk shall print and publish the Auditors' and*ta Ct8 abstract, and shall also publish the detailed statement in such ments. form as the Council directs. > Audit of Salaries of . Every County Council shall have the regulation and auditing of all moneys to be paid out of funds in the hands of the County Treasurer, (q) SALARIES AND CONTINUANCE IN OFFICE. 17$* In case the remuneration of any of the officers of the municipality has not been settled by act of the Legislature, the Council shall settle the same, and the Council shall pro- vide for the payment of all municipal officers, whether the remuneration is settled by statute or by by-law of the Coun- cil. (r) whether a resident or not. (See Rex v. Inhabitants of North Curry, 4 B. & C. 961.) Mere colorable residence is insufficient to constitute a person an inhabitant. (The King v. Sargent, 5 T. R. 466; The King v. The Duke of Richmond, 6 T. R. 560 ; Bruce v. Bruce, 2 B. & P. 229, n ; The King v. Mitchell, 10 East, 511 ; Whithorn v. Thomas, 1 M. & G. 1.) (n) It is the duty of the Auditors, within one month after appoint- ment, to file their report (sec. 170). It then becomes the duty of the Council to finally audit and allow the accounts of the Treasurer, &c., and all accounts chargeable against the Corporation. Some discretion is involved in this duty. It would even appear that the Council, in the performance of their duty, have power to overrule the Auditors (s.172). (o) That is, a quantum meruit or reasonable compensation for the services performed. (p] The "abstract" is one thing, and the "detailed statement" another, each of which is described in sec. 169. The first is to be printed and published by the Clerk, the second is to be published under the direction of the Council. (q) The power of the County Council is to regulate and audit all moneys to be paid, &c. The word " regulate" appears to refer to an order prior to payment, as does the word " audit" refer to an act done after payment. The Council have, under sec. 170, a general power to finally audit and allow all the accounts of the Treasurer, &c., and all accounts chargeable against the Corporation. (r) Under a power to remunerate all " township officers," it was held that municipal councillors had no authority to remunerate them- selves. (In re Wright and the Municipal Council of the Township of Cornwall, 9 U. C. Q. B. 442 ; Daniels v. The Municipal Council of the THE MUNICIPAL MANUAL. . The Chamberlain or Treasurer may be paid a or Chamber- salary or percentage (s), and all officers appointed by a Coun- Sasurer. cil shall hold office until removed by the Council (f), 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 having jurisdiction over such offi- cers, (u) OFFICIAL DECLARATIONS. 175. Every person elected or appointed under this Declaration, Act (v) to any office requiring a qualification of property in tfon^^ * the incumbent (w) shall, before he takes the declaration of office, or enters on his duties, (x) make and subscribe a solemn declaration to the effect following : (y) "I, A. B., do solemnly declare, that I am a natural-born Form of, (or naturalized) subject of her Majesty; that I am truly and liona fide seized or possessed to my own use and benefit, of such an estate, (specifying the nature of such ettate, and if Township ofBurford, 10 U. C. Q. B. 478.) And it was made a ques- tion whether the Warden of a county is to be deemed an officer, so as to be entitled to remuneration as such. (The Queen v. The District Council of the Township of Gore, 5 U. C. Q. B. 357.) But now all such questions are set at rest, for it is made lawful for the Council of every township and county to pass by-laws for paying the members of the Council for their attendance in Council. (Sec. 262.) Where a Muni- cipal Council, in 1850, passed a vote assigning to the Clerk of the Peace a fixed salary for that year, "in lieu of all fees," held (the Jury Act, 13 & 14 Vic. cap. 55, having been subsequently passed), that thH could not debar him from claiming the fees allowed by that statute for preparing the jury books for the following year. (Pringle v. McDonald, 10 U. C. Q. B. 254.) (s) The appointment of this officer is authorized by sec. 159. (t) That is, during the pleasure of the Council. (u) Duties are in this act prescribed for such officers as Chamber- lains, Treasurers, Collectors, Assessors and Auditors, but the Council are here empowered to impose additional duties on these and all other officers of the Council. (v) As to the difference between an election and appointment, see note x to sec. 126. (w) Assessors and Collectors for example (sec. 162). (x) The election of a Reeve by Township Councillors is "a duty," within the meaning of this section, rendering it incumbent on the Councillors, before proceeding to the election, to take the necessary declaration. (In re Hawk and JSallard, 3 U. C. C. P. 241.) (y) Declarations are in many parts of this act substituted for oaths (see note a to sec. 67) ; but it must not be forgotten that the wilful making of any false statement required or authorized by this act, is a misdemeanor punishable as wilful and corrupt perjury. (Sec. 401.) THE MUNICIPAL MANUAL. Declaration of office. Form of declaration of office. Denial of disqualify- ing interest, who to take. Auditor's declaration. Formofoath. land, designating the same by its local description, rents or otherwise,} as doth qualify ine to act in the office of (naming the office) for (naming the place for which such person has been elected or appointed} according to the true intent and meaning of the Municipal Laws of Upper Canada." 17G. Every Returning Officer and Returning Officer's Clerk, every Township, Village, Town and City Councillor, every Alderman, every Justice of the Peace for a Town, and every Clerk, Assessor, Collector, Constable and other officer appointed by a Council, shall also, before entering on the duties of his office, make and subscribe a solemn declaration to the effect following : (z) "I, A. B., do solemnly promise and declare, that I will truly, faithiully and impartially, to the best of my knowledge and ability, execute the office of (inserting the name of the office} to which I have been elected (or appointed) in this Township, (or as the case may be,} and that I have not re- ceived and will not receive any payment or reward, or promise of such, for the exercise of any partiality or malversation or other undue execution of the said office." (a) 177. The solemn declaration to be made by every Mayor and Alderman, and by every Township, Village, Town and City Councillor, shall also state that he has not by himself or his partner an interest in any contract with or on behalf of the Corporation, (b} 178. The solemn declaration (c) to be made (d) by every Auditor (e} shall be as follows : "I, A. B., having been appointed to the office of Auditor for the Municipal Corporation ot , do hereby promise and declare that I will faithfully perform the duties of such office according to the best of my judgment and ability ; and (z) See note y to sec. 175. The declaration made necessary by this section is to be taken in addition to the one required by sec. 175. (a) This is a general declaration of office, and is intended to be administered, in addition to the officers specified, to all officers appointed by the Council. (b) As to what is an interest in a contract with or on behalf of the 'corporation, see note m to sec. 73. (c) See note y to sec. 175. (d) To be made before he enters on the duties of his office. (See sec. 175 et seq.) (e) As to the appointment of Auditors and qualifications necessary, see sec. 167. THE MUNICIPAL MANUAL. 81 I do solemnly declare, that I have not directly or indirectly any share or interest whatever in any contract or employment (except that of Auditor, if re-appointed) with, by or on be- half of such Municipal Corporation, during the year preceding my appointment, and that I have not any contract or employ- ment (except that of Auditor, if re-appointed) for the present year." 179. The Head and other Members of the Council, and Heads and the subordinate officers of every Municipality, shall make the o?the" declaration of office and qualification before some Court, Judge, Recorder, Police Magistrate, or other Justice of the Peace having jurisdiction in the Municipality for which such Head, members or officers have been elected or appointed, or before the Clerk of the Municipality. (/) 18O. -The Court, Judge or other person before whom Certificate such declarations are made, shall give the necessary certificate of ' of the same having been duly made and subscribed. (#) 181. The Head of any Council, any Alderman, Reeve or Deputy Reeve, any Justice of the Peace of a Town, and the Clerk of a Municipality, may, within the Municipality, admi- nister any oath, affirmation or declaration under this Act, re- lating to the business of the place in which he holds office, except where otherwise specially provided, and except where he is the party required to take the oath or affirmation, or make the declaration, (h) . The deponent, affirmant or declarant shall subscribe Oath or de- every such oath, affirmation or declaration, (i) and the person administering it shall duly certify and preserve the same, and * (/) This section enables the Heads of Councils, &c., to make the necessary declarations without the restrictions as to Court or Judge which formerly existed. In some respects this section has been already ^commented upon. (See note o to sec. 113.) (g) The certificate is to be to the effect that the declaration has been made and subscribed tyro things essentially different, but each necessary to complete the taking of the declaration. (A) The authority of the officers named is not to administer all oaths, but only such as relate to the business of the place in which the person administering the oath holds office. (i) A deponent is one who makes a lawful oath. An affirmant is one who by law is permitted to affirm when otherwise he would be required to make an oath. And a declarant is a person who, instead of making either an oath or affirmation, makes a solemn declaration, which, if false, is visited with punishment as much as either an oath or affirmation. (See note y to sec. 175.) 82 THE MUNICIPAL MANUAL, Penalty for refusing to accept office or take the oaths, Ac. Embezzle- ments by Municipal Officers. within eight days deposit the same in the office of the Clerk: of the Municipality to the affairs of which it relates, (y) on pain of being deemed guilty of a misdemeanor. (7c) 183. Every qualified person duly elected or appointed to be a Mayor, Alderman, Councilman, Reeve or Deputy Reeve, Councillor, Police Trustee, Assessor or Collector, of or in any Municipality, who refuses such office (7), or does not make the declarations of office and qualification within twenty days after knowing of his election or appointment (m), and every person authorized to administer any such declaration, who, upon reasonable demand, refuses to administer the same (w), shall, on conviction thereof before two or more Justices of the Peace, under and subject to the Summary Convictions Act of sixteenth Victoria, chapter one hundred and seventy- eight, forfeit not more than eighty dollars nor less than eight dollars, at the discretion of such Justices, to the use of the Municipality, tegether with the costs of prosecution, (o) EMBEZZLEMENT OF BOOKS, MONEYS. 184. All books, papers, accounts, documents, moneys and valuable securities, respectively, by any person or officer appointed or employed by or on behalf of any Council, kept or received by virtue of his office or employment, shall be the property of the Corporation (p) ; and in case any such person or officer refuses or fails to deliver up or pay over the same respectively to the Corporation, or to any person authorized by the Council to demand them, he shall be deemed guilty of a fraudulent embezzlement theieof (^), and may be prosecuted (/) The duty of the person administering an oath, &c., of the kind authorised, is twofold, first, to certify and preserve the same, and secondly, within eight days to deposit the same in the place mentioned. (k) As to misdemeanors, see note r to sec. 55. (I) This renders the acceptance of the offices mentioned obligatory, at the risk of th penalty whih follows refusal. (m) The gist of this- is the scienter o-r knowledge of the appoint- ment. As to the computation of the time, see note r to sec. 98 ) (n) The demand is to be reasonable, that is, to be made in a rational manner, and at seasonable hours. (o) To be enforced, it is presumed, by warrant, in the manner directed by the 16 Vic. cap. 1Z8. (See sec. 242, subsees. 6, 7 & 8. (p) So as to enable the Corporation to maintain civil actions for or in respect of them, or to prosecute criminally when the offence of embezzlement is committed. (q) This is a most important provision. It is in the first place declared that all books, papers, accounts, documents, moneys, and valuable securities, by any person or officer appointed by or on behalf of the THE MUNICIPAL MANUAL. and punished, in the same manner as a servant fraudulently embezzling any chattel, money or valuable security of his master (r) ; but nothing herein shall affect any remedy of the Corporation, or of any other person against the offender and his sureties, or any other party ; nor shall the conviction of such offender be receivable in evidence in any suit, at law or in equity, against him. (s) PROVISIONS APPLICABLE TO ALL COUNCILS. 185. The following sections, numbered from 186 to 240, Certain see , T .'.,.. , -i m tionstoap- both inclusive, relate to all Municipalities, namely, 1, I own- piytoaii ships; 2, Counties; 3, Provisional Corporations; 4, Cities; t ^ nicipali ' 5, Towns ; and, 6, Incorporated Villages. (<) JURISDICTION OF COUNCILS. 186. The jurisdiction of every Council shall be confined to the Municipality the Council represents, except where Councils. authority beyond the same is expressly given, (w) and the Council, &c., kept or received, are the property of the Corporation. In the next place it is declared that if any such person refuse or fail to deliver up or pay over the same, he shall be guilty of a fraudulent embezzlement thereof, &e. Embezzlement is a statutable stealing, and is an offence of a serious nature. (r) For the punishment of embezzlements committed by clerks and servants, it is enacted that if any clerk or servant, &o., shall, by virtue of his employment, receive or take into his possession any chattel, money, or valuable security, for or in the name of or on account of his master, and shall fraudulently embezzle the same or any part thereof, every such offender shall be deemed to have feloni- ously taken the same from his master, although such chattel, money or security was not received into the possession of such master other- wise than by the actual possession of his clerk, servant, or other person so employed. (4 & 5 Vic. cap. 25, sec. 39 ; see also 18 Vic. cap. 92, sees. 16, 47 ; and the leading case of The Queen v.Cummings^ in Appeal, 4 U. C. L. J. 182.) The punishment is imprisonment m the Provincial Penitentiary at hard labour for any term not exceeding fourteen nor less than seven years, or imprisonment in any other prison or place of confinement for any term not exceeding two years. (4 &5 Vic. cap. 25, sec. 38.) (*) The civil remedy is to be distinct from, and independent of, the criminal procedure. (t) Police villages are neither enumerated here nor intended to be included under the operation of the sections from sec. 186 to sec. 240 inclusive. A police village is not a municipality, within the meaning of this Act. (Sec. 402, subsec. 1.) (M) A Municipality, whether a County, City, Township, or Village, is a locality ; and a Municipal Council is the governing body of that locality. Beyond the limits of the locality the Council has not in general any authority whatever. For this reason the section begins 84 THE MUNICIPAL MANUAL. powers of the Council shall be exercised by By-law when not otherwise authorized or provided for. (v) by declaring that " the jurisdiction (or authority) of every Council shall be confined to the Municipality (or locality) the Council repre- sents." Thus one Township Council has no power to impose any regulations on a township of which it is not the Council. So of every other Municipality. The proposition is so reasonable and so self- evident that little more is required to be said about it. Nor can a Municipal Council, in general, benefit another Municipality at the expense of its own ; for instance, build a school house in a township of which it is not the representative. This too is an unmistakable proposition, but as between Townships and Counties not so clear as the preceding. For many purposes a Township is within the jurisdic- tion of the Council of the County in which it is situate, and is subject to be taxed for county purposes by the County Council ; but the right of a Township Council to tax itself in aid of the county, is limited. It would seem that a Township Council has no right voluntarily to pass a by-law imposing a rate in aid of a county rate. (Fletcher v. the Municipality of the Township of Euphrasia, 13 U. C. Q. B. 129.) So the right of a Township Council to pass a by-law in aid of the cost of a school-house ordered by the County Council is doubtful. (Kennedy v. the Municipal Council of Sandwich, 9 U. C. Q. B. 326 ) So a Town- ship by-law wad quashed as to so much of it as related to the raising of a sum of money to defray the demands of ihe County Council on the Township, as an equivalent to the Government school grant, &c., it not appearing on the face of the by-law that it was directed to the purpose of meeting a deficiency, nor even that there was any, if that would have authorized the by-law. (Fletcher v. the Municipality of the Township of Euphrasia, 13 U. C. Q. B. 129.) (y) The jurisdiction of every Council is not only to be confined to the Municipality the Council represents, but is to be exercise!, when not otherwise provided for, by by-law. When a corporation is duly erected, the law tacitly annexes to it the power of making by-laws or private statutes. This power is included in every act of incorpora- tion ; for, as is quaintly observed by Blackstone, " as natural reason is given to the natural body for governing it, so by-laws or statutes are a sort of political reason to govern the body politic." (1 Bl. Com. 476.) Though the power to make by-laws is unquestionably an inci- dent of every corporation, it is rarely left to implication ; but is usually, as in the present case, conferred by the express terms of the Act of Parliament. And where the act enables the corporation to make by-laws in certain cases and for certain purposes, its power of legislation is limited to the cases and objects specified all others be- ing excluded by implication. (Angel & Ames on Corporations, 323.) The legislation of a municipal body is at all events confined to the objects of its incorporation. (Ib.) And a by-law has the same force within its limits and with respect to the persons upon whom it law- fully operates, as an Act of Parliament has upon people at large. (Hopkins v. Mayor of Swansea, 4 M. & W. 640.) The Courts upon general principles recognize judicially what Municipal Councils are competent to do, and hold that it is not necessary for them to recite in a by-law all that is requisite to show that they have proceeded regularly in passing it. (Orierson v. the Municipal Council of Ontario r THE MUNICIPAL MANUAL. 85 187. Every Council may make regulations (w) not speci- General fically provided for by this Act, and not contrary to law, for mafcefiocai governing the proceedings of the Council, the conduct of regulations; 9 U. C. Q. B 623 ; Fisher v. the Municipal Council of Vaughan, 10 U. C. Q. B. 492.) It is a common belief that a municipal body can do by resolution whatever may be done by by-law. Nothing can be more erroneous or more tend to the insecurity of municipal government. The general principle known to the common law is that a corporation of the kind can only act through its seal, and that its rules and regu- lations, whether general or special, should also be embodied in by- laws under seal. (Sec. 188.) But among people generally, and among that class composing Municipal Councils particularly, there is a dis- like of formality, and in consequence the too frequent abandonment of by-laws for mere orders or resolutions. Now the proceedings of a Municipal Council that may be lawfully had by order or resolution are comparatively few and unimportant. A by-law should not be dispensed with unless in a very clear case. In fact, whenever a Mu- nicipal Council is in doubt whether it can or cannot do a particular thing by order or resolution, it would be much safer and wiser, owing to the doubt, to use a by-law. "Were this as a rule understood and followed, it would prevent much confusion in the administration of municipal affairs. Another common but erroneous belief is, that a Municipal Council can by order or resolution do that which, if done through a by-law, would be illegal. This it cannot do. No Muni- cipal Council can do that informally which it has no power to do directly and formally. (Daniels v. the Municipal Council of the Township of Burford, 10 U. C. Q. B. 478.) A by-law, order or resolution, which revives an illegal by-law, is of course itself illegal. (Canada Company v. the Municipal Council of the County of Oxford, 9 U. C. Q. B. 567.) An order or resolution duly signed and sealed is virtually a by-law; but many orders and resolutions pass by mere vote, without being thus authenticated. The municipal rules of proceeding generally require more formal steps to be taken in passing a by-law than in adopting an order or resolution. The power to make by-laws necessarily supposes the power to enforce them by pecuniary penalties, competent and pro- portionable to the offence. It is impossible to lay down any rule as to what is a reasonable penalty, for this must be determined by the na- ture of the offence. (Angell & Ames on Corporations, 361.) Fifty dollars would appear to be the general maximum (sec. 242, subsec. 6). The penalty may be levied by distress, and, failing that, by imprison- ment of the offender (/&.). In construing a by-law, &c., the court will look at the whole of it, to ascertain its meaning, and construe one part with another, or other parts, so as if possible to give full effect to the whole. (In re Cameron and the Municipality of East Nissouri, 13 U. C. Q. B. 190.) (w) Regulations. It is not stated in what manner these regulations are to be made, whether by-law, order or resolution. It is cer- tainly not stated that they are to be made by order or resolution. And it is elsewhere provided that the powers of a Municipal Council, " when not otherwise authorized or provided for," shall be exercised by by-law. (Sec. 186.) Little doubt therefore exists in the mind of the editor, but that the regulations in this section mentioned must be in the form of by-laws. (See note v to sec. 186.) 86 THE MUNICIPAL MANUAL. ^ s mem ^ ers > an ^ ^ e appointing or calling of special meet- proceed- ings of the Council ; and generally, such other regulations as the good of the inhabitants of the Municipality requires ; (x) (x) Every Municipal Council is under this section empowered to make regulations for the following purposes: 1. For governing the proceedings of the Council. 2. For the conduct of its members. 3. For appointing special meetings of the Council. 4. For calling such meetings. 5. And generally such other regulations as the good of the inhabi- tants requires. Provided there be no such regulations specifically given in this Act and provided the regulations be not contrary to law. It is a principle applicable to every regulation of a Municipal Cor- poration, first, that it be not contrary to the municipal act or law authorizing the formation of the corporation, and, secondly, that it be .not contrary to the general law of the land. First The regulations of a Municipal Council must not be incon- sistent with the Municipal Acts, for these acts create it an artificial being, impart to it its power, designate its object, and prescribe its mode of operation. They are in short the constitution of the Corpo- ration. Hence all laws in contravention of them are void. The true test of all by-laws, says Mr. Justice Wilmot, " is the intention of the 'Crown in granting the charter and the apparent good of the corpora- tion." (The Kingv. Spencer, 3 Burr. 1838.) So of a Municipal Council it may be said that the true test of a by-law is the intention of the Legislature in incorporating the Council, and the apparent good of the Municipality affected. Mr. Justice Yates, in the same case, said, "Corporations cannot make by-laws contrary to their con- stitution. If they do so, they act without authority." (Ib. ; but see " The Case of Corporations," 4 Co. R. 77, 78.) As transcending the Municipal Acts, by-laws creating a new office, imposing an oath of office where none is required by the acts, giving a vote to a class of persons not entitled to vote by law, qualifying persons to be candi- dates not qualified by the acts, giving a casting vote to an officer not entitled to it by the acts, restricting or extending the right of admis- sion or eligibility to office, altering the prescribed mode of election, or imposing new or additional tests or qualifications either on mem- bers or voters, would be void. (See Angell & Ames on Corporations, 344.) Second. The law of a country being as well a rule for the proceed- ings of corporations as for the conduct of individuals, all by-laws con- trary to the common or statute law of the country are void. "All by-laws," says Hobart, " must ever be subject to the general law of the realm, and subordinate to it." (Norris v. Staps, Hob. 210.) For this reason, a by-law "impairing the obligation of contracts," or taking "private property for public uses without just compensation," would be void. (Angell & Ames on Corporations, 330.) But where a statute authorized the corporation of a city to make by-laws "regu- lating," or if necessary "preventing," the interment of the dead within the city, it was held that though that corporation had granted lands for the purpose of interment, an4 ; see also sec. 254 of this act and the act passim.) (?/) It need hardly be mentioned that the same body as a municipal council, which has power to make has power to repeal by-laws ; it being of the very nature of legislative powers that, by timely changes in the rule it prescribes, it should be enabled to meet the exigencies 88 THE MUNICIPAL MANUAL. / BY-LAWS OF COUNCILS. HOW AUTHENTICATED. HOW By-laws 188. Every By-law shall be under the Seal of the Cor- the^tSted. poration, and shall be signed by the Head of the Corporation, or by the person presiding at the Meeting at which the By- law has been passed, and by the Clerk of the Corporation, (z) Certified 189. A copy of any By-law, (a) written or printed with- iden be oufc erasure or interlineation, (b) and under the Seal of the Corporation, (c) and certified to be a true copy by the Clerk and by any Member of the Council, (d) shall be deemed au- of the occasion. (Angell & Ames on Corporations, 327.) But the power does not extend to all by-laws. There are certain by-laws, such as those authorizing the issue of debentures, &c., upon the fiith of which third persons act and change their circumstances, and from which the Municipality in general derives an immediate benefit these being in the nature of securities, rather than ordinary regula- tions, cannot be repealed until the loan or debt arising thereout or dependent thereupon is satisfied. (Sec. 231.) Hence it is that in the section here annotated the power given is to repeal, alter or amend by- ' laws, is general, "save as is by this act restricted." When, however, a part only of a sum of money provided for by a by-law has been raised, the Council may, under certain restrictions, repeal the by-luw as to any part of the residue. (Sec. 230.) (z) The formalities prescribed in this section are indispensable. The By-law must be 1. Under the Seal of the Corporation. 2. Signed by the Head of the Corporation. 3. Or by the person who presided at the Meeting at which the By- law passed. 4. Signed by the Clerk of the Corporation. No action can be sustained, as for a breach of duty, against the Heai of a Municipal Corporation for not applying the seal to make a contract between the corporation and the plaintiff, founded upon a refusal, which, if there had been a previous contract, would have con- stituted a breach of it. There cannot be a remedy against the Head of the Corporation equivalent to a remedy on the contract against the Corporation itself, had the contract been duly made, so as to make a valid contract where there is none. (Fair . Moore, 3 U. C. C. P. 484.) (a) Not "order or resolution." (b) It is well to observe the requirement, that the copy, whether written or printed, is to be without erasure or interlineation. (c) The seal of course must have been affixed by the proper autho- rity, and the production of the copy, with an impression of it, is prima facie evidence that it was affixed by the proper authority. (An- gell & Ames onCorporUions, 193.) The contrary must be shown by the objecting party. (Ib.) (rf) The certificate of the copy being a true one is to be signed "by the Clerk and by any Member of the Council." THE MUNICIPAL MANUAL. 89 thentic, and be received in evidence in any Court of Justice without proof of the Seal or Signatures, (?) unless it is special- ly pleaded or alleged that the Seal, or one or both of the Sig- natures, have been forged. (/) OPPOSITION TO, BY RATE-PAYERS. 19O. In case any person (g~) rated on the assessment roll opposition of any municipality, or of any locality therein (A), objects to *^ a ^ the passing of a by-law, the passing of which is to be preceded by rate- by the application of a certain number of the ratable inhabi- payers * tants of such municipality or place (i), he shall, on petitioning Provision the Council, be at liberty to attend, in person or by counsel or attorney, before the Council at the time at which the by-law is intended to be consfdered, or before a committee of the Coun- cil 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 genuine, or were obtained upon incorrect statements, and that the proposed by-law is contrary to the wishes of the persons whose signatures were so obtain d, and that the remaining signatures do not amonnt to the number nor represent the amount of property necessary to the passing of the by-law. (./) (e) On a motion to quash a by-law, order or resolution, it is only necessary to produce a copy, certified under the hand of the Clerk alone, arid under the corporate seal, together with an affidavit of the party applying, that the copy was received from the Clerk. (Sec. 194.) (/) It is for the party alleging the affirmative to give prima facie proof of the forgery, before the other party can be required to rebut it arid support the deed : the onus is on the party pleading forgery. (g) Qu. Does the word " person," as here used, embrace corpo- rations ? (See 12 Vic. cap. 10, sec. 5, subsec/8.) The provision hereafter made, that the complainant shall be at liberty, on petition- ing the Council, to attend in person or by counsel, would seem to indicate that it does not. (A) Which any person may be, on his own application. (16 Vie. cap. 182, sec. 17.) (i) The right to object does not extend to the passing of all by-laws, but only such as are " to be preceded by the application of a certain number of the ratable inhabitants of the municipality or place." (/) The right to attend for the purpose mentioned exists only " on petitioning the Council." The person so attending may raise all or any of the following objections : 1. That the necessary notice of the application for the by- law was not given. 2. That any of the signatures to the application are not genuine. THE MUNICIPAL MANUAL. 191. If the Council is satisfied, upon the evidence, that not pass! the application for the by-law did not contain the names of a sufficient number of persons whose names were obtained with- out 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. (*) PROCEEDINGS WHEN THE ASSENT OF ELECTORS IS REQUIRED. if a By-law 192. In case a By-law requires tlie assent of the Elec- assentoftto tors of a municipality before the final passing thereof, (I) the electors. following proceedings shall be taking for ascertaining such as- assent, except in cases otherwise provided for : (m) T ieo?wt- * Tlie Council shall, by the By-law fix the day, hour and ing shall be place for taking the votes of the electors thereon at every fa^ dbyBy " pl ace i Q the Municipality at which the elections of the Mem- bers of the Council or Councils therein are held ; (.) and shall also name a Returning Officer to take the votes at every such place, and such day shall not be less than three nor more than four weeks after the first publication of the proposed By- law as herein provided for : (o) 3. That some of the signatures were obtained upon incorrect ^ statements. 4. That the proposed by-law is contrary to the wishes of the persons whose signatures were so obtained. 5. And that the remaining signatures do not amount to the number, nor represent the amount of property neces- sary to the passing of the law. (&) The Council is not to pass the by-law if satisfied of one of two things either that the application for the by-law does not contain the names of a sufficient number of persons, &c., or that the notice required by law was not duly given. (I) By-laws for creating debts, &c., are here especially intended. (See sec. 222 et seq.) (m) If the proceedings prescribed be not taken, or be not duly taken, the By-law may be h,eld invalid. () " Are held," that is in each ward, when there are wards, &c. (o) The By-law itself is, among other requirements 1. To tix the time and place for taking the votes of the electors, &c. 2. To name a Returning Officer to take the votes. The time must not of course be inconvenient or unseasonable, and the place must be '* every place at which the elections of the members of the Councils, &c., are held." If the Returning Officer named fail to attend, it is apprehen led that the Electors nviy choose from among themselves a Returning Officer. (Sec. 94; sec. 192, subsec. 4.) THE MUNICIPAL MANUAL. 91 2. The Council shall, for at least one month before the final passing of the proposed By-law, publish a copy thereof in some p^i newspaper published weekly or oftenerin the Municipality, or if there is no such newspaper, in some newspaper in the nearest place in which a newspaper is published, and also put up a copy of the By-law at four or more of the most public places in the Municipality ; (j^) 3. Appended to each copy so published and posted, shall Notice to be be a notice signed by the Clerk of the Council, stating that gl such copy is a true copy of a proposed By-law which will be taken into consideration by the Council after one month from the first publication in the newspaper, stating the date of the first publication, and naming the hour, day and place or places fixed for taking the votes of the Electors : (q) 4. At such day and hour a Poll shall be taken and all pro- Po11 - ceedings thereat and for the purpose thereof shall be conducted in the same manner as nearly as may be, as at a Municipal Election ; (r) 5. Every Returning Officer shall on the day after the clos- Verified poll- ing of the Poll, return his Poll-Book verified to the Clerk of Stol the Local Municipality in which the Poll was taken, (.s) and in case of a By-law of a County Council, the Clerk of the Lo- (p) The by-law is to be published in the manner directed, and to be so published " for at least one month," which means "one calen- dar month." (12 Vic. cap. 10, sec. 5, subsec. 11.) The manner of publication is to be the insertion of a copy of the By-law in some newspaper published weekly or oftener in the Municipality, or, if there is no such newspaper, in some newspaper in the nearest place In which a newspaper is published, and by putting up a copy of the By-law at four or more of the most public places in the Municipality. It is not clear whether the latter is to be done as well where there is a newspaper in the Municipality as where there is not. To prevent mistake, it had better be done in either case. (q) The publication of the notice is quite as necessary as that of the By-law itself. The notice may be in this form : Take notice that the above is a true copy of a proposed By-law, which will be taken into consideration by the Council of this Municipality, after one month from the first publication in the (naming the newspaper], th* date of which first publication was (stating the day of the loeek, month and year), and that the votes of the Electors of the said Municipality will be taken thereon at (naming the place or places) on (naming ike day, $c.) at (naming the hour). C. I)., Clerk. (r) See sec. 97 etseq., and notes thereto. (s) Verified, $c. It is presumed, by a solemn declaration thereto annexed, that the poll-book contains a true statement of the poll. (See sec. 98.) 92 THE MUNICIPAL MANUAL. cal Municipalities shall forthwith return to the Clerk of the County Council the Poll-Book so delivered to him : (f) u le andd S " m 6> The GIerk of tbe Council ^hich proposed the By-law ctareresuit. shall add up the number of votes for and against the same, and shall certify to the Council under his hand whether the majority have approved or disapproved of the by-law ; (u) and shall keep the same with the Poll-Book among the llecords of his Office, (v) When the assent of the Governor is required to By-laws. WHEN REQUIRING THE ASSENT OF THE GOVERNOR IN COUNCIL. 193. The facts required by this Act to be recited in any By-law which requires the approval of the Governor in Coun- cil, shall, before receiving such approval, be verified, by solemn declaration, by the Head of the Council, and by the Chamberlain or Treasurer and Clerk thereof, and by such other persons and on such other evidence as to the Governor in Council satisfactorily proves the facts so recited; (w) 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 Governor in Council will accept. (x % ) WHEN AND HOW QUASHED. By-law, how 10-1. In case & resident of a Municipality, or any other !norder*tJ> person interested (y) in a Bylaw, Order or Resolution of the quash. , (t) Verified, it is apprehended, in the same manner as in last note mentioned. (See the Municipal Loan Fund Act, 16 Vic. cap. 22, sec. 2, subsec. 9.) (u~) It is made the duty of the Clerk of the Council to add up the number of votes, &c., and to certify, &c., but no time is limited for the performance of the duty. It must be done before the day appointed by the Council for taking the By-law into consideration. () See sec. 150 etseq., as to the duties of Clerks of Councils. (w) This section applies only to By-laws requiring "the approval of the Governor in Council." To procure the approval, it is made necessary that 1. The By-law be verified by solemn declaration. 2. The declaration to be made by the Head of the Council, " " the Chamberlain or Treasurer, " " the Clerk of the Council. 3. And by such other persons and on such other evidence as to the Governor in Council satistactorily proves the facts recited. (xj Will accept, i. e. may accept or deem satisfactory. (y] The application may be made by " a resident, &c.," or " any other person interested, &c." As to what constitutes residence, see note r to sec. 75. Where applicant, who moved against a by-law of the United Counties of Peterborough and Victoria, swore that during all the year 1850, he had been and was at the time of the THE MUNICIPAL MANUAL, 93 Council thereof, (z) applies to either of the Superior Courts of Common Law (a), and produces to the Court a copy of the by- law, order or resolution (6), certified under the hand of the Clerk and under the corporate seal (c), and shews, by affidavit (ch the By-law is designated,'} was on the day of , 185 , passed by the Municipal Council of the Township of A., in the County of B, one of the United Counties of B, C, and D, in Upper Canada, for the purpose of (here set out in substance the object of the By-law, as " raising the necessary funds to meet the general public expenses of the Township of for the year 185 ," or " for the purpose of raising and contracting for a loan of Pounds, for making and macadamizing a Road from to " (or otherwise, as the case may be*) and (where the approval of the Governor in Council is by law re- quired to give effect to such By-law,) approved by His Excel- lency the Governor-General in Council, on the day of , 185 ;) and all persons are 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 one of Her Majesty's Superior Courts of Common Law at Toronto, within six calendar Months, at the farthest, after the special promulgation thereof, by the publication of this no- tice in three consecutive numbers of the following newspapers, viz. : (here name the newspapers, in which the publication is to be made,) or he will be too late to be heard in in that behalf. " G. H., Township Clerk/ 7 2OO. In case no application to quash any By-law so spe- if notmoycd cially promulgated is made within the time limited for that 5jj{5Jf' the purpose, (w) the By-law, or so much thereof as is not the time limited, subject of any such application, or not quashed upon such ap- tobevalld - plication, so far as the same ordains, prescribes or directs any thing within the proper competence of the Council to ordain, prescribe or direct, shall, notwithstanding any want of sub- stance or form, either in the By-law itself, or in the time or manner of passing the same, be a valid By-law. (x~) (u) See note u to sec, 198. (w) This and sec. 196 seem to contemplate by-laws for any purpose, while sees. 195 and 197 and the for ms of notice seem to apply only to by-laws imposing rates. These sections are taken from the repealed statute 14 & 15 Vic. cap. 109, Sch. A. 21, provisoes Nos. 1, 2, 8 and 4, and are in substance the same. (x) The effect of neglect to make an application within the time H 08 THE MUNICIPAL MANUAL. II 1 QUASHED, TUB CORPORATION ONLY TO BE LIABLE. Liability of *J01 . In case a By-law, Order or Resolution is illegal in for acSdone whole or in part, (z) and in case any thing has been done under under a By-, jfc w hi c h, by reason of such illegality, gives any person aright wards of action, (a) no such action shall be brought until one cal- inashed. en dar month has elapsed after the By-law, Order or Resolution has been quashed or repealed, (b) nor until one calendar month's notice in writing of the intention to bring such action has been given to the Corporation ; (c) and every such action shall be brought against the Corporation alone, and not against any persoon acting under the By-law, Order or Resolution. (., it does, not prevent persons from going by any other boat from A. directly to 6'., though it be near B., provided it be not done fraudulently and as a pretence for avoiding the regular ferry. (Com. Dig. "Piscary," B.) 106 TIIM MUNICIPAL MANUAL. void in Law any kind, or makes a purchase or sale, in which the Corpora- Kq V ui?y! n tion is a party interested, and which is on that account void in equity (A), the same contract, purchase or sale shall also be held void in any action at law thereon against the Corpora- tion. (-/) COSTS OF MANDAMUS. 1? Upon any application for a writ of mandamus for or against a Municipal Corporation, the Courts may, in their discretion, grant or refuse costs. (/) EXECUTIONS AGAINST CORPORATIONS. Writs of exe- S^O. Any writ of execution against a Municipal Corpo- ra ^ oa > 1Bav ^ endorsed with a direction to the Sheriff to levy the amount thereof by rate, and the proceedings thereon shall then be the following : (/<;) Sheriff to 1. The Sheriff shall deliver a copy of the writ and indorse- meL V t e to State ~ ment to tne Chamberlain or Treasurer, or leave such copy at Treasurer, the office or dwelling-house of that officer, with a statement in writing of the Sheriff's fees, and of the amount required to satisfy such execution, including in such amount the interest, calculated to some day as near as is convenient to the day of the service. (/) A member of a Municipal Corporation agreed with another party to take a contract from the Corporation for the execution of certain works in his name, the profits whereof were to be divided between the parties. Held, that such a contract was in contravention of the municipal law, and the Court of Chancery refused to enforce the agreement for a partnership. (Collins v. Siuindlc, 4 U.C.L.J. 42.) (z) The making of such a contract void at law, as well as in equity, is a new provision. (/) At common law, when a rule nisi for a mandamus was dis- charged, the Courts gave costs or not, to the person opposing it, according to their discretion in each case. (Kennedy v. The Municipal Council of Sandwich, 9 U. C. Q. B. 326.) (7c) A Municipal Corporation being liable to be sued (see note d to sec. 4), is liable to the consequence of a suit, viz., execution. As the assets of the Corporation are not the property of the members of the Corporation, but of the people whom they represent, the form of proceeding by execution against such a corporation, must of neces- sity differ from that of proceeding by execution against an individual. (1} Notwithstanding the partial abolition of the Usury laws, six per cent, still continues to be the rate* of interest in all cases where, by the agreement of the parties or fc$ law, interest is payable, and no rate of interest has been fixed by tbe parties or by law. (22 Vic. cap. 85, sec. 5 ) TILE MUNICIPAL' MANUAL. 107 2. In case the amount, with interest thereon from the day if not paid, mentioned in the statement, be not paid to the Sheriff within gtJS! 01 one calendar month after the service (m), the Sheriff shall examine the assessment rolls of the Corporation, and shall, in like manner as rates are struck for general municipal purposes, () strike a rate sufficient in the pound to cover the amount due on the execution, with such addition to the same as the Sheriff deems sufficient to cover the interest, his own fees, and the Collector's per centage, up to the time when such rate will probably be available, (o) 3. The Sheriff shall thereupon issue a precept or precepts, sheriff 's pre- under his hand and seal of office, directed to the Collector or ) m and coi- 6 - The Clerk, Assessors and Collectors of the Corporation lectors to be shall, for all purposes connected with carrying into effect, or Couruvom 6 permitting or assisting the Sheriff to carry into effect, the pro- issue Writ y i s i ns 0 11 J agricultural Association of Upper Canada, (g) or or any duly organized societies ; Agricultural (A) or Horticultural Society in Upper Canada, (i) or of the Board of Arts and Manufactures for Upper Can- ada, (/) or of any incorporated Mechanics' Institute within the Municipality : (/<:) CENSUS. 5. Tor taking a Census of the inhabitants, or of the resi- Local census, dent Male freeholders and householders of the Municipality ; (I) FINES AND PENALTIES. 6. For inflicting reasonable fines and penalties not exceed- F ^ t J s d for ing Fifty dollars exclusive of costs, Eegiectof duty. (1.) Upon any person for the non-performance of his duties who has been elected or appointed to any office in the Corpo- ration, and who has accepted such Office and taken the oaths, and afterwards neglects the duties thereof, (m) and (/) Such officers, i. e. the officers named and other officers neces- sary in the affairs of the corporation. (g] The Members of the Boards of Agriculture, and of the Boards of Arts and Manufactures, the Presidents and Vice-Presidents of all lawfully organized County Agricultural Societies, and of all Horti- cultural Societies, and all subscribers of five shillings annually to the funds of any such society, are in Upper Canada the Agricultural Association of Upper Canada. (20 Vic. cap. 32, sec. 31.) (K) An Agricultural Society may be organized in each of the elec- toral divisions of Upper Canada, &c. (Ib. sec. 37.) (i) Any number of persons, not less than twenty-five, may organize and form themselves into a Horticultural Society, for any city, town, township or village, in Upper Canada, &c. (Ib. sec. 48.) (j) " The Board of Arts and Manufactures for Upper Canada" is constituted and incorporated by sec. 18 et seq. of 20 Vic. cap. 32. (k) Many institutes are incorporated by special Acts of Parliament. (I) This is a new provision. The only statutable provision of the kind heretofore existing was for a provincial census. (14 & 15 Vic. cap. 49.) (m) Refusal to accept office or to make the necessary declarations are penal by sec. 183. This subsection applies only to persons who r having accepted office, neglect the duties thereof, &c. 126 THE MUNICIPAL MANUAL. time of. (2.) For breach of any of the By-laws of the Corpora- tion ; () and 7. For collecting such penalties by distress and sale of the goods and chattels of the offender ; (o) imprison- 8. For inflicting reasonable punishment, by imprisonment Siowed, h and with or without hard labour either in a Lock-up-house in some Town or Village in the Township, or in the County Gaol or House of Correction for any period not exceeding Twenty-one days, for breach of any of the By-laws of the Council in case of non-payment of the Fine inflicted for any such breach, and there being no distress found out of which such fine can be levied, (p) PROVISIONS APPLICABLE TO TOWNSHIPS, CITIES, TOWNS, AND INCORPORATED VILLAGES, (q) 243. The following Sections numbered from 244 to 254, (r) shall apply to the following Municipalities namely : What see- soappiy. 1. Townships, 2. Cities, 3. Towns, and 4. Incorporated Villages. PUBLIC HEALTH. Members of . The Members of every Township, City, Town and Incorporated Village Council shall be Health Officers within their respective Municipalities, under the Statute of Upper Canada, passed in the fifth year of the reign of His late Majes- ty, King William the Fourth, intituled, An Act to promote the Public Health and to guard against infectious diseases in this Province, and under any Act hereafter passed for the like purpose; (s) but any such Council may by By-law dele. (n) The power to make By-laws necessarily supposes the power to enforce them by pecuniary penalties, competent and proportionable to the offence, (note v. to sec. 186.) The limitation here to fines " not exceeding fifty dollars" is as wise as it is necessary. (0) If there is no distress, imprisonment may follow. (See sub- sec. 8.) (p) Imprisonment is not allowable in the first instance. It is only allowed in case of non-payment of the fine inflicted, and where there is no sufficient distress. When inflicted it must be reasonable, that is, be proportionate to the nature and degree of the offence. It must not, however, under any circumstances, exceed twenty-one days. It may be either with or without hard labor. (q) See note y to sec. 241. (r] This, it is apprehended, is a mistake. The numbers ought to be from 244 to 260. The numbers of the sections were altered in committee, and "254" inadvertently allowed to remain unaltered. (s) The act here mentioned authorizes the Governor-General to THE MUNICIPAL MANUAL. 127 gate the powers of its members as such Health Officers td a committee of their own number, or to such persons, either in- cluding or not including some of themselves, as the Council thinks best. (*) 24L5. The Council of every Township, City, Town and Council may Incorporated Village may respectively pass By-laws , (u) SJs? y " SHOP AND TAVERN LICENSES. 1. For granting Tavern Licenses (that is licenses for the re- For retailing tail of spirituous, fermented or other manufactured liquors to jfo be drunk in the Inn, Ale-house, Beer-house or other house, or place of entertainment in which the same is sold), and for granting shop licenses, (that is licenses for the retail of such liquors in Shops, Stores or other places other than Inns, Ale- houses, Beer-houses or places of public entertainment; 2. For declaring the terms and conditions required to be Terms on complied with, by an applicant for a Tavern license, and the iioenw may security to be given by him for observing the same; be granted. 3. For declaring the security to be given by any applicant Security to for a Shop or Tavern License, for observing the By-laws of be gmm< the Municipality ; 4. For limiting the number of Tavern and Shop licenses Number may respectively; 5. For regulating the houses or places licensed, the time Emulation the licenses are to be in force, not exceeding one year, and n f OU s e b s Uc the sums to be paid therefor respectively. PROHIBITED SALE OF SPIRITUOUS LIQUORS. 6. For prohibiting the sale by retail of spirituous, ferment- Sale of ed or other manufactured liquors in any Inn or other House of public entertainment; and for prohibiting the sale thereof in Shops and places other than houses of public entertainment; Provided the By-law, before the final passing thereof, has been duly approved by the Electors of the Municipality in the man- ner provided by this Act ; (v) appoint three or more persons in each and every town, and in such other places as may be deemed necessary, to act as Health Officers (5 Wm. IV. cap. 10, sec. 1), with very extensive powers. (Ib. sees. 2 &6.) (t) The delegation, it is to be observed, is not to be except by by-law. (u) By-laws. See note v to sec. 186. (v) The power of a Municipal Council to grant a license for the sale of spirituous liquors to a particular house, and afterwards to prohibit the sale of spirituous liquors in that house on certain days or at cer- tain hours, has been doubted. (Baker v. the Municipal Council of Paris, 10 U. C. Q. B. 621 ) The power to. prohibit the sale of spirituous 128 THE MUNICIPAL MANUAL. The sums to be paid for licenses. Sum to in- clude the Imperial duty and that under 22 V. c. 76. 246. The sum to be paid for a tavern license shall include as well the duty payable under the Imperial Statute passed in the fourteenth year of the reign of King George the Third, intituled, An Act to establish a fund towards defraying the charges of the administration of Justice and the support of the Civil Government within the Province of Quebec, (?) as the duty payable under any Act passed in the present or any future session of the Parliament of this Province, (x) and liquors in an inn under any circumstances, has also been doubted. (In re Barclay and the Municipality of Darlington, 11 U. C. Q. B. 470.) But as the powers by this section conferred upon the Councils of every township, city, town, and incorporated -village, are not only, 1, for granting tavern and shop licenses ; 2, for declaring the terms and con- ditions of granting the same ; 3, for declaring the security to be given by any applicant; 4, for limiting the number of tavern and shop licenses respectively; 5, for regulating the houses or places licensed; but, 6 (subject to the approval of the electors of the municipality), for prohibiting the sale by retail of epirituous liquors in any inn or other house of public entertainment, the decisions under the old acts must not be followed without close examination. It is presumed that Municipal Councils, though empowered to regulate houses licensed, &c., have not now, more than formerly (where there are License In- spectors) authority by by-law to appoint the persons who are to receive licenses for the sale of spirituous liquors. (In re Coyne and the Muni- cipal Council of the Township of Dunwich, 9 U. C. Q. B. 448.) But as the appointment of License Inspectors rests with the Municipal Coun- cils (sec. 252), in the event of none being appointed it may be that the Councils may themselves determine the persons entitled to licenses. (Ib.) If a by-law passed under subsec. 4 of this clause ostensibly to limit the number of tavern or shop licenses be in reality a prohibitory mea- sure, it would be illegal. (In re Barclay and the Municipality of Darling - ton, 12 U.C. Q.B. 86 ; In re Graystock and the Municipality of Otonabee, 12 U. C. Q. B. 458.) The power, under subsec. 5, to regulate houses or places licensed, does not, it is apprehended, enable a Municipal Corpo- ration to declare that no spirituous liquors shall be sold to a certain class of people for example, minors (Ib., but see sec. 275, subsec. 2); nor to prohibit the sale of spirituous liquors on certain days or at certain hours. (Baker v. the Municipal Council of Paris, 10 U.C. Q.B. 621. ) No by-law for prohibiting the sale by retail of spirituous liquors can, it will be noticed, be finally passed until it has been duly approved "by the electors of the municipality, in the manner provided by this act." Of course a majority is all that is required; but this, it may be argued, must be a majority of the whole of the electors of the municipality, and not merely a majority of those present at the meeting called for the purpose of approving or disapproving of the by-law. Sed qu. ? (See McAvoy and the Municipality of Sarnia, 12 U. C. Q. B. 99.) (w) Which is nine dollars, or one pound sixteen shillings sterling. (14 Geo. III. cap. 88, sec. 5.) (x) On licenses of hotels, &c., in cities, there is a Provincial tax of twelve dollars; in towns, ten dollars; in places other than cities and towns, five dollars. (22 Vic. cap. 76, sec. 14.) THE MUNICIPAL MANUAL. 129 shall not be less than Twenty-five dollars, and every license so granted as aforesaid shall be held a license for the purpose of the said Imperial Act, and the sum paid for the License shall be applied to the use of the Corporation; (?/) Bat no By-law Sum not to by which a greater sum than one hundred dollars per annum ^1*8* ap- 5 ' is intended to be exacted for any Shop or Tavern License, or proved by %;..-.* 11- public vote. for leave to exercise any other calling, or to do any other thing- & c . for which a License may be required, (z) shall have force or eifect, unless the By-law before the final passing thereof has been duly approved by the electors of the Municipality in the manner provided by this Act; (a) and the By-law shall not be varied or repealed unless the By-law for that purpose has been duly approved in like manner by the electors of the Munici- pality. (6) SHOP AND TAVERN LICENSES, (c) 34:7. No Tavern or Shop license shall be necessary for NO license selling any liquors in the original packages in which the same seSTiTtne have been received from the importer or manufacturer; (d) original Provided such Packages contain respectively not less than five p * gallons, or one dozen bottles, (e) &48. Any person having a Tavern license may, without any additional license, sell liquors by retail to be consumed out of his house, in the same quantities as if to be consumed i i s /-^ OUt OI tn6 in the house. (/) house. (y) Excepting, it is presumed, the portion of it which constitutes the Provincial tax. (See sec. 256.) (z) An ordinary shop needs no license. (Sec. 216.) The only shops required to be licensed are those which sell spirituous liquors, &c., of the description mentioned in sec. 245. (a) A tax exceeding one hundred dollars might otherwise amount to a prohibition, and so in effect defeat the check of public vote made necessary by subsec. 6 of sec. 245. (b) By which is meant that no by-law varying or repealing a by-law by which a greater sum than one hundred dollars per annum is exacted for any shop or tavern license shall be valid, unless duly approved by the electors of the municipality. (c) The heading, " Shop and tavern licenses," preceding this sec- tion, belongs more properly to sec. 245, and should be struck out here. (d) Whether manufactured within this Province or not. (c) The tax is intended to be imposed upon those only who sell spirituous liquors, &c., by retail. To sell packages containing less than five gallons or one dozen bottles, is considered retailing. (/) Notwithstanding the right to sell liquors to be consumed in the house of the vendor, the right to do so to be consumed outside of his K 130 THE MUNICIPAL MANUAL. Tavern S4O. Every person who keeps a Tavern or other house exhibit 8 no- or place of public entertainment, and has a Tavern License, tice of being shall exhibit over the door of such Tavern, House or place, in large letters, the words " Licensed to sell Wine, Beer and other Spirituous or Fermented Liquors/' under a penalty in default of so doing of one dollar, recoverable with costs before any Justice of the Peace upon the oath of one credible wit- ness; ((j) one half of which penalty shall go to the Informer and the other half to the Municipality. (7i) Shop licenses not to autho- rize sale of liquors to be consumed in the house. -; Penalties recoverable before two Justices of Justices o ,_ i. Any Inspector of Licenses may, in his discretion inspectors {but subject to any By-law of the Municipality,) endorse on any license permission to the person holding the license, to sell the liquors mentioned in his License at any place out of his house, or to remove from the house licensed to another house to be described in the endorsement and situate within the same Municipality, and such permission shall authorize the holder thereof to sell such liquors in the house mentioned in the endorsement during the unexpired portion of the term for which the License was granted, and upon the same terms and conditions ; And any Bond or security which such holder may have given for any purpose relative to such license, shall apply to the house or place to which such removal has been author- ized, (n) (I) See note h to sec. 249. (m) This section is for the appointment of inspectors of licenses, and for the regulation of their duties when appointed. The Court has refused to interfere by mandamus to compel inspectors to examine a certain house fitted up by the applicant as a saloon, and to grant him the proper certificate if he should be found to have complied with the by-law of the Municipal Council in that behalf. (In re Baxter v. Ilesson et al, 12 U. C. Q. B. 139.) No Inspector has any power under this section to act without his local jurisdiction. (n) Any one having a tavern license may sell liquors by retail to be consumed out of his house, in the same quantities as if to be con- sumed in the house. (Sec. 248.) No one having a shop license is entitled thereunder to sell liquors t be consumed in his house. (Sec. 250.) In the event of it being desired by the licensee to sell tempo- rarily at a place other than his house, or to change his house, the provisions of this section come to his relief. 132 THE MUNICIPAL MANUAL. Billiard tables to be licensed. Victualling houses, num ber and re- gulation of. License and fee for same. Licenses ^redto renewed. 254. Every Council of a Township, City, Town, or In- corporated Village, (o) may also pass By-laws : (jp) BILLIARD TABLES. 1. For licensing, regulating and governing all persons who, for hire or gain directly or indirectly, keep, or have in their possession, or on their premises, any Billiard Table, ( The object of it is to protect the existence of licenses bona fide issued under a by-law, notwithstanding the repeal, alteration or amendment of such by-law. (w) For sums payable to the Provincial Government on licenses to sell spirituous liquors, &c., see note x to sec. 246. (z) The powers given are : 1. Upon complaint, &c., to summon the keeper of the inn, &c. 2. To investigate the complaint summarily. 3. To dismiss the complaint with costs to be paid by complainant. 4. Or to convict the keeper of having a riotous or disorderly house. 5. To annul his license. 6. Or suspend the same for not more than 60 days. 7. Cosrs to bo discretionary. The forms of proceeding ought to be as nearly as may be like those directed by 16 Vic. cap. 178, as to summary convictions by justices. (y) The right to make applications such as mentioned in this sec- tion was at first restricted to County Councils. (12 Vic. cap. 35, sec 81.) (z) Resolution. See note v. to sec. 186. (a) A. resolution, if not founded on an application of one half of the resident landholders, &c., would be invalid. 134 THE MUNICIPAL MANUAL. at the front or rear of any concession or range or part thereof in the municipality, or at the front and rear angles of the lota therein, (6) the Council may apply to the Governor in the manner provided for in the thirty-first section of the Act 12V. c. 36. passed in the twelfth year of Her Majesty's reign, chapter thirty-five, praying him to cause a survey of such concession or range, or such part thereof, to be made, and such monu- ments to be placed under the authority of the Commissioner of Crown Lands, (c) and the person or persons making the survey shall accordingly plant stone or other durable monu- ments 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; (d) and the costs of the survey shall be defrayed in the manner prescribed by the said statute, (e) Certain 25O. The Council of every township, city, town or incor- pan D By-iaw8 pomted village (/) may also pass by-laws : (r/) for PROVISION FOR ESTABLISHING BOUNDARIES. Ascertaining ! For procuring the necessary estimates, and making the ^djnarking proper application for ascertaining and establishing the boun- oftownships. dary lines of the Municipality, according to law, in case the same has not been done; and for erecting and providing for (6) Under the 12 Vic. cap. 31, the application may be to have any concession line not run in the original survey, or of which the survey has been obliterated, surveyed and marked by permanent stone boundaries. (Sec. 31.) Under 18 Vic. cap. 83, it may be to have placed stone or other durable monuments at the front, or at the rear, or at the front and rear angles of the lots, in any concession or range,, or part of a concession or range. (Sec 8.) (c) The survey is to take place " under the direction and order of the Commissioner of Crown Lands." (12 Vic. cap. 35, sec. 31.) (d) The duty of the surveyor employed is defined. If he ascertains the limits of each lot and mark the same, the limits so ascertained and marked are to be the true limits thereof. (e) The cost is to be borne by the proprietors of the lands in each concession or part of concession interested. The Council may cause an estimate of the sum requisite to defray the expenses to be incurred to be laid before it, in order that the same may be levied on the landed proprietors, in proportion to the quantity or value of their respective lands. The expenses are to be paid by the Council to the surveyor, on the certificate and order of the Commissioner of Crown Lands. (12 Vic. cap. 35, sec. 31.) (/) Neither County Councils nor Police Villages are included. (ff} The powers mentioned in sec. 258 are exercisable by resolution here by by-law. (See note v to sec. 186.) THE MUNICIPAL MANUAL. 135 the preservation of the durable monuments required to be erected for evidencing the same. (A) SCHOOLS. 2. For obtaining such real property as may be required for Acquiring the erection of Common School houses thereon, and for other Oommon School purposes, and for the disposal thereof when no longer required ; and for providing for the establishment and support of Common Schools according to law. (i) CEMETERIES. 3. For accepting or purchasing land for public cemeteries, For estab- as well within as without the Municipality, and for laying out, jjjjjjjf ceme improving and managing the same; but no land shall be accepted or purchased for such purpose except by a by-law declaring in express terms that the land is appropriated for a public cemetery and for no other purpose ; and thereupon such land, although without the Municipality, shall become part thereof, and shall cease to be part of the Municipality to which it formerly belonged; and such by-law shall not be repealed, (j) 4. For selling or leasing portions of such land for the pur- For selling pose of interment in family vaults or otherwise, and for fher^f 8 on declaring in the conveyance the terms on which such portions "mited L 1 1 i. i_ i j f 7 \ terms. shall be held. (&) CRUELTY TO ANIMALS. 5. For preventing cruelty to animals, and for preventing Preventing the destruction of birds, the by-laws for these purposes not being inconsistent with any statute in that behalf. (7) (/j) See sec. 258 and notes thereto. (i) School Trustees of a township cannot, without reference to the freeholders, determine upon the site of a school house, and purchase it, and impose a rate to meet the expense. (Orr v. Ramsey et al, 12 U. C. Q. B. 377.) (/) As a rule, the jurisdiction of every Council is confined to the Municipality the Council represents. (Sec. 186.) Here an authority beyond the limits of the Municipality is given. That authority is to accept or purchase land for public cemeteries, as well within as with- out the Municipality. The acceptance or purchase is to be by by- law, declaring in express terms that the land is appropriated for a public cemetery and for no other purpose. When this is done the land, although without the Municipality, becomes part thereof for all pur- poses of local government. (k) There is no limitation as to the interest to be conveyed. When the Municipality is seized in fee simple, the conveyance may be made either for ever or for years. The power is to "sell" or "lease." The conveyance must be executed under the corporate seal of the Municipal Council. (0 See note x to sec. 187. 136 THE MUNICIPAL MANUAL. Tax on dogs. 6. For imposing a tax on the owners, possessors or harborers of dogs, (w) Killing dogs. 7. For killing dogs running at large, contrary to the by- laws, w FENCES. Height of fences. 8. For settling the height and description of lawful fences, (o) DIVISION FENCES. Of division fences. 9. 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 penal- ties not otherwise provided for may be recovered under this Act ; provided that until the by-laws are made, the statute eighth Victoria, chapter twenty, shall continue applicable to the Municipality, (p) WEEDS. Extraction 10. For preventing the growth of weeds detrimental to good ofweeds. husbandry, (g) (m) The common belief is that only the owners of dogs are taxable for them. It is here enacted that not only the owner, but the pos- sessor or harborer may be taxed. (n) The power is to authorize the killing of dogs. - No provision is made as to the mode of killing. Poisoning as much as shooting is lawful. The authority to kill of course exists only when the dog is found running at large " contrary to the By-laws." (o) The power is to settle, that is. to determine by some general regulation the height and description of fences, whether division fences or not. (p) So much of sec. 1 of 8 Vic. cap. 20, as vested the appointment of fence viewers in the inhabitant freeholders and householders, at annual meetings, was repealed by 12 Vic. cap. 80, div. 2, No. 47; and by 12 Vic. cap. 81, sec. 31, subsec. 5, the appointment of fence viewers was vested in Township Councils. Under the act here anno- tated, the appointment may be made by the Council of a County, Township, City, Town, or Incorporated Village. (Sec. 242.) So much also of sec. 3 of 8 Vic. cap. 20 as limits the value of fences is repealed, and the amount is to be determined by the fence viewers. (18 Vic. cap. 137.) ( porationto S(>O. Ihe head of any Corporation holding stock in any beaDirector. gucn com p ar ,y t the amount of two thousand five hundred pounds shall be ex officio a director of the company in addition to the other directors thereof, and shall also be entitled to vote on such stock at any election of directors (y) PROVISIONS APPLICABLE TO TOWNSHIPS AND COUNTIES. 261. The following section applies to townships and counties, (z) SS^unSt 262. The Council of every township and county may lors limited. p ass by-laws for paying the members of the Council for their attendance in Council, at a rate not exceeding one dollar and fifty cents per diem, (a) (v~) As to the incorporation of gas and water companies, see 16 Vic. cap. 173, and 18 Vic. cap. 94. (w) i. e. Any corporate gas or water company. (x) See sec. 192. (y) This applies only to gas and water companies. (z) See note y to sec. 241. (a) Under a power to remunerate "all township officers," it was held that municipal councillors had no authority to remunerate them- selves. (In re Wright and the Municipal Council of the Township of Cornwall, 9 U. C. Q. B 442.) It was also made a question whether the Warden of a county could be deemed " an officer," so as to be entitled to receive remuneration. (The Queen v. The District Council of the District of Gore, 5 U. C. Q. B. 357.) The power of a Council to pass by-laws for paying its members, extends, under this section, to Township and County Councils only. The Councils of cities, towns, and incorporated villages, are as much as ever without the power. No Council, whether of county, city, town, township, or incorporated village, has power to pass a by-law to indemnify one of its members for the costs of a quo warranto, by which his election was set aside. (In re Bdl and the Municipality of the Township of Manvers, 2 U. C. C. P. 507.) THE MUNICIPAL MANUAL. 13$ PROVISIONS APPLICABLE TO TOWNSHIPS ONLY. 63. The following sections, numbered 264 to 271, apply to townships only. (6) TOWNSHIP WARDS. 2G'4. In case one hundred of the qualified electors of a wards how township on the last revised assessment roll do, by petition in upon^etT d writing signed by them, apply to the Council of the township tionofone ,. *? , G , J , . ' . rr J i ./. ,, ^ v i j hundred of to divide the township into wards, it not already so divided, the Electors, the Council shall, within one month thereafter, pass a by-law to give effect to the petition, and shall in the by-law recite the petition, and also the present section of this Act, and shall declare that the by-law is passed in compliance with the prayer of the petition, and shall therein define the boundaries of the several wards ; and the by-law shall take effect on the first day of December next after one month from the date of its first publication in some newspaper published in the county or union of counties in which the township is situated, or by printed hand-bills posted in at least twenty public places in the township, (c) 26o. The Council shall so arrange the wards that they Duty of , J t, Council in may be as compact, and contain as nearly an equal number ot the forma- electors as may consist with the convenience of the inhabitants, tsonofwards. the number of wards being five in all cases, (d) No.tobefive. 266. The Council of any Township may from time to TopassaBy- time, without any such Petition, (e) pass By-laws to divide the Township into Wards, or, in case of a Township already divided into Wards, to alter or abolish such division. (/) And in case any such By-law, whether petitioned for or not, Jfhat it shall is passed with the concurrent votes of at least four members, it shall take effect on the first day of December next after one month from its first publication in some newspaper pub- lished in the County or Union of Counties in which the (b) See note / to sec. 241. This heading should, it is apprehended, include sec. 272, which appears to have been added after the intro- duction of the bill to the House of Assembly. (c) It is well to observe that this section only applies to the division of townships into wards when "not already so divided," and not to the division anew of a township once divided into wards. (See Mallough v. The Municipality of Ash field, 6 U. C. C. P. 158.) But under sec. 266, a Council may alter or abolish the divisions of a town- ship already divided into wards. (d) Neither more nor less than five. (e} As is mentioned in sec. 264. (/) Which cannot be done under sec. 264. (See note c, above.) 140 THE MUNICIPAL MANUAL. Township is situate, or by printed hand-bills posted in at least twenty pubic places in the Township. (^) when the QGT". In case the By-law, when not petitioned for as Sie a effect a11 hereinbefore provided, (7i) is passed with the concurrent votes of only three members, (e) it shall take effect on the first day of December next, after it has been approved by a majority of the Electors of the Township who shall vote thereon, at a special vote to be taken for that purpose, (/) under the fol- lowing regulations : Publication 1, The Keeve of the Township shall, within ten days after the passing of the By-law, (7c) cause the same to be published for one month in some newspaper within the County or Union of Counties within which the Township is situate, or by post- ing printed copies thereof in hand-bill form in at least twenty Andnoticeof public places in the Township, (7) and shall also at the same sion'to^ec- ^ me an( * ' ll * connection therewith, and in like manner, pub- tors. lish a notice of the time when, and place or places where the By-law will be submitted to a vote of the Electors of the Township, (in) VoteofEiec- 2. Such vote shall not be taken in less than one month tors thereon. a f ter ^ firgt publication of the By-law, nor shall it be at a later period than the next annual Municipal Election, (ri] and if not taken at the annual Municipal Election, it shall be taken in like manner and at the place or places where the last (g) It would seem that the by-law, to be effectual under this sec- tion, must receive the votes "of at least four members." It is not, when so passed, to take effect on 1st December next after its passing, but 1st December next after one month from its first publication. (h) Sec. 264. (z) And not four, as mentioned in sec. 266. (/) When there is a petition of 100 qualified electors, &c., praying for the by-law, there is no special requirement as to the number of votes necessary. (Sec. 264.) When there is no petition, and there is a vote of at least four members in favor of the by-law, no appeal to the electors is necessary. (Sec. 266.) But when there is no petition, and a vote of only three members, an appeal to the electors under this section is requisite. (k) As to computation of time, see note r to sec. 98. (1) The publication may be in either of two modes. 1. For one month in some newspaper published within the county, &c. ; or, 2. by posting printed copies of the by-law, in hand-bill form, in at least 20 public places in the Township. (TO) Which is necessary, no matter in what form the by-law is published. (n) Qu. Provided the next municipal election do not take place in less than one month from the first publication ? THE MUNICIPAL MANUAL. 141 annual Municipal Election was held, and by the Returning Officer or Officers who conducted such last annual Elec- tion ; (o) and in case of the death or incapacity of any such Returning Officer, another shall be appointed for that purpose by the Reeve; (p) 3 The Reeve of the Township shall cause a certified copy copies of By- of the By-law to be delivered to the Returning Officer of the JjJ u ^Jiin g Township, or of each Ward or Electoral Division thereof, (as Officer. the case may be) before the time appointed for taking such vote; () POOR. 269. Every Township Council may also make By-laws for raising money by a rate to be assessed equally on the whole rateable property of the Township, for the support of the poor resident in the Township, (w) OBSTRUCTIONS TO STREAMS AND WATERCOURSES. 27O. Every Township Council may also irake By-laws for preventing the obstruction of streams, creeks and water- courses by trees, brushwood, timber or other materials, and for clearing way, (x) and removing such obstructions at the expense of the guilty parties or otherwise, and for levying the amount of such expense in the same manner as taxes are levi- ed, and for imposing penalties on parties causing such obstruc- tions, (y) By-laws for the relief of the poor, when and how they may be pass- ed. By-laws for preventing obstruction of streams, to return the poll-books properly certified to the Reeve. The duties of the Reeve are 1. Within one week thereafter to examine the re- turns, &c. ; and 2. To give public notice of the result. (v) Electoral Divisions in Townships are new. They may be cre- ated whenever the Township is not divided into Wards. They are to be created by the Council by by-law. They may be "two or more" in number, and not, like Wards, "five in all cases." (Sec. 2G5.) (w) This is taken from statute 16 Vic. cap. 181, sec. 9, No. 2, but is in its terms more general and in its language more briefly expressed. The clause is in its application restricted to Township Councils. (But see sec. 290, subsec. 11.) (x) Way. "Away" probably intended. (r/) The By-laws may be for the following purposes : 1. For preventing the obstruction of streams, &c. 2. For clearing away and removing such obstructions, at the ex- pense of the guilty parties, or otherwise. 3. For levying the amount of such expense in the same manner as taxes are leviable. 4. For imposing penalties on parties causing such obstructions. These powers in many respects resemble the provisions of 10 & 11 Vic. cap. 20, continued by 22 Vic. cap. 81 ; and see 3 Wm. IV. cap. 28, sec. 1 ; 2 Vic. cap. 16, sees. 1 & 4; 7 Vic. cap. 36 ; and 14 & 15 Vic. 123. THE MUNICIPAL MANUAL. 143 DRINAGE IN TOWNSHIPS. . In ease a majority in number of the resident own- Drainage. ers of the property in any part of a Township do petition the Council for the draining of the property (describing it), the Council may procure an examination to be made by a compe- nans and tent Engineer of the property proposed to be drained, and estimates. may procure plans and estimates to be made of the work by the Engineer; (2) . If the Council is of opinion that the draining of By-law. the locality described would greatly benefit the Township, the Council may pass a By-law : (a) 1. For providing for the draining of the locality ; itsprovi- n -n sions. 2 For assessing and collecting from the proprietors of the Assessment several lands immediately benefited by the draining, so much for expenses. of the cost thereof, and of procuring the examination, plans and estimates to be made, and of all other expenses incident to the work, as may not exceed the benefit the lands respec- tively derive from such draining, and in proportion, as nearly as may be, to the benefit to each of the proprietors there- from ; () 3. For regulating the time or times and manner in which Timeofpay- the assessment is to be paid ; (c) mg ' 4. For ascertaining and determining, through the Engineer? Ascertaining what real property will be immediately benefited by the" drain- ing, and the proportions in which the assessment should be made on the various portions of the lands so benefited, and subject in every case to an appeal to the Court of Revision and the County Court Judge, in the same manner and on the same terms, as nearly as may be, as in the case of an ordinary as- sessment; (rf) (z) As to the powers of fence-viewers in this respect, see 8 Vic. cap. 20, sec. 12 et seq. (a) When a majority in numbers of the resident owners, &c., peti- tion for the draining, &c., the Council may procure an examination to be made by a competent engineer, &c., and may procure plans and estimates, &c. (sec. 271); and if of opinion that the draining would greatly benefit the township, may pass a by- law under the section here annotated. (6) The by-law is not to be passed unless the Council should be of opinion that the draining would greatly benefit the township, and, notwithstanding, the proprietors of the land immediately benefited are to be assessed for the cost, &c. (c) The time or times and manner in which the assessment is to be paid, may be regulated by the by-law. No limitation is here made as to either. (4) See the Assessment Act, 16 Vic. cap. 182> sec. 26. . 144 THE MUNICIPAL MANUAL. Publication 5. But the By-law shall not be valid, unless, before the f By-laws. g na ] p ass i n g thereof, the same is published once or oftener in every week, for three months, in some newspaper published in the Township, or if no newspaper is published therein, then in some newspaper published in the nearest Municipality in which a newspaper is published. (Y) PROVISIONS APPLICABLE TO COUNTIES, CITIES AND TOWNS. iwsco The following sections, numbered 274 and 275, apply. 80 a pplj to tne following municipalities : 1, counties; 2 ; cities; 3, towns. (/) INSPECTORS OF WEIGHTS AND MEASURES. S74r. The Council of every county, city and town, may pass by-laws : inspectors of 1. For appointing Inspectors to regulate weights and mea- measures- 1 sures () WATER. 5. For establishing, protecting and regulating public wells, ., .,-, & ' r ft , ' reservoirs and other conveniences for the supply of water ; & c . and for making reasonable charges for the use thereof; and for preventing the wasting and fouling of public water, (x) MARKETS. 6. For establishing markets, (y) Markets. 7. For regulating all markets established and to be estab- For reguiat- lished. The places, however, already established as markets ing markets - in such municipality, shall continue to be markets, and shall Old markets retain all the privileges thereof until otherwise directed by cc competent authority ; and all market reservations or appro- priations heretofore made in any such municipality, shall con- tinue to be vested in the Corporation thereof, (z) (u] The power is to do more than to cause the projections to be removed ; for it is to direct the removal, " at the expense of the pro- prietor or occupant of the property connected with which such projections are found." (v) Here as above the power is restricted to public wharves, &c. (w) There is a general act for the formation of companies for the construction of harbors. (16 Vic. cap. 124.) The harbor of Toronto is under the control of Commissioners. (13 & 14 Vic. cap. 80.) (x) There is also a general act providing for the formation of Incor- porated Joint Stock Companies for supplying Cities, Towns and Villages with water. (16 Vic. cap. 173.) (y) The establishment of public marts or places of buying and sell- ing, such as markets and fairs, with (he tolls thereunto belonging, is enumerated by Blackstone as one of the Royal Prerogatives. In Upper Canada it is frequently exercised as to fairs. (z) The power is to regulate all- markets established, apparently 154 THE MUNICIPAL MANUAL. Regulating vending in streets. Vending in Sale of Preventing forestalling. Regulating ucksters. Weighing, * c> Penalties for hght weight. Regulating rn^arket sed vending. Assize of Tainted pro- visions. Rent of mar- ket stalls. Bathing. ]? or preventing or regulating the sale by retail in the ... Ci . "i public streets, ot any meat, vegetables, fruit or beverages, (a) 9. For preventing or regulating the buying and selling of articles or animals exposed for sale or marketed in the open air. 10. For regulating the place and manner of selling and weighing butcher's meat, fish, hay, straw, fodder, wood and lumber. 11. For preventing the forestalling, regrating or monopoly Q f mar ] e ^ grains, meats, fish, fruits, roots and vegetables. 12. For preventing and regulating the purchase of such ^y nuc k s t e rs or ninners living within the municipality, or within one mile from the outer limits thereof. 13. For regulating the mode of measuring or weighing (as the case may be) of liine, shingles, laths, cordwood, and coal, and other fuel. 14. For imposing penalties for light weight, or short count or ^off. measurement, in any thing marketed. 15. For regulating all vehicles, vessels and other things in which any thing is exposed for sale or marketed in any street or public place, and for imposing a reasonable duty thereon, and establishing the mode in which it shall be paid. 16. For regulating the assize of bread, and preventing the use of deleterious materials in making bread ; and for provid- ing for the seizure and forfeiture of bread made contrary to the by-law. 17. For seizing and destroying all tainted and unwholesome meat, poultry, fish, or other articles of food. 18. For selling, after six hours' notice, butcher's meat dis- trame( j f or rerit O f market-stalls. NUISANCES, (b) 19. For preventing or regulating the bathing or washing the person in any public water in or near the municipality. including those establised by the Crown as well as those established by municipal authority. (a) This and the ten following clauses (9 to 18) confer power to make purely local regulations, some of which, such as the assize of bread (16) have been from the earliest time necessary, and from time to time made by some or other local authority. (b) A. nuisance has been described as any thing that works hurt, inconvenience, or damage. And nuisances are of two kinds ; public or common nuisances, which affect people generally, and private nuisances, which may be denned as any thing done to the hurt of the Lands, tenements or hereditaments of another. (1 Russ. Crimes, 317.) THE MUNICIPAL MANUAL. 155 20. For preventing and abating public nuisances. 21. For preventing or regulating the construction of privy Privy vaults. vaults. 22. For causing vacant lots to be properly enclosed. Vacant lots. 23. For preventing or regulating the erection or continu- slaughter ance of slaughter houses, gas works, tanneries, distilleries, 'or other manufactories or trades which may prove to be nui- sances. 24. For preventing the ringing of bells, blowing of horns. Tumultuous shouting and other unusual noises in streets and public places, noises - 25. For preventing or regulating the firing of guns or other Firing guns, fire arms ; and the firing or setting off of fire-balls, squibs, &c ' crackers or fireworks, and for preventing charivaries and other like disturbances of the peace. 26. For preventing immoderate riding or driving in high- Furious yays or streets ; for preventing the leading, riding or driving of horses or cattle upon side-walks or other places not proper therefor. 27. For preventing persons in streets or public places from importun- importuning others to travel in or employ any vessel or vehi- ie r ? s . travel " cle, or go to any tavern or boarding-house, or for regulating persons so employed. PUBLIC HEALTH, (c) 28. For providing for the health of the municipality, and Public against the spreading of contagious or infectious diseases. INTERMENTS, (d) 29. For regulating the interment of the dead, and for pre- interments. venting the same taking place within the municipality. 30. For directing the keeping and returning of bills of Bills of mor- mortality, and for imposing penalties on persons guilty of tallty ' default in doing so. Private nuisances are generally remedied by civil action. Public nuisances, then, are offences against the public order and economical regimen of the State, being either the doing of a tbing to the annoy- ance of all the Queen's subjects, or the neglecting to do a thing which the common good requires. But the annoyance or neglect must be of a real and substantial nature, and the fears of mankind, though they may be reasonable, will not create a nuisance. Offensive trades or manufactures, of which examples are given in the following subsec- tions, may be public nuisances. (c) See sec. 244 and notes thereto. (d) The Council of every City, Town and Township, is under cer- tain restrictions authorized to accept or purchase land for public 156 THE MUNICIPAL MANUAL. Gunpowder, care of. LICENSES, (e) Licensing 31. For regulating and licensing the owners of livery stables and of horses, cabs, carriages, omnibuses and other vehicks used for hire ; for establishing the rates of fare to be taken by the owners or drivers ; and for enforcing payment thereof. GUNPOWDER. (/) 32. For regulating the keeping or transporting of gunpow- der or other combustible or dangerous materials ; for regulat- ing and providing for the support, by fees, of magazines for storing gunpowder belonging to private parties ; for compelling 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. FIRES. 33. For appointing Fire Wardens, Fire Engineers and Fire- men, and promoting, establishing and regulating fire-compa- nies, hook-and-ladder companies, and property-saving compa- nies : 34. For providing medals or rewards for persons who dis- tinguish themselves at fires ; and for granting pecuniary aid or otherwise assisting the widows and orphans of persons who are killed by accidents at such fires : 35. For preventing or regulating the use of fire or lights in stables, cabinet makers' shops, carpenters' shops, and com- bustible places ; 36. For preventing or regulating the carrying on of manu- factories or trades dangerous in causing or promoting fire ; 37. For preventing and for removing, or regulating the construction of any chimney, flue, fire place, stove, oven, boiler or other aparatus or thing which may be dangerous in causing or promoting fire; Fire compa- nies, &c. Medals and rewards to, &c. Fires in stables, &c. Dangerous manufacto- ries. StoTes, chim- nies, c. cemeteries, as well within as without the Municipality. (Sec. 259, subsec. 3.) (e) The raising of revenue by the license of livery stables, horses, cabs, &c., is an old system. It has existed for many years. (/) Erecting powder mills or keeping gunpowder magazines near a town has been held to be a nuisance at common law, punishable by indictment or information. (The King v. Taylor, 2 Str. 1167.) The English Act 12 Geo. III. cap. 61, reduces into one act and repeals all former acts relative to the making, keeping and carrying of gun- powder. THE MUNICIPAL MANUAL. 157 38. For regulating the construction of chimnies as to di- Size and niensions and otherwise ; and for enforcing the proper clean- JhSScs &c. ing of the same ; 39. For regulating the mode of removal and safe keeping Ashes. of ashes ; 40. For regulating and enforcing the erection of party Party wails. walls ; 41. For compelling the owners and occupants of houses to leaders to have scuttles in the roofs thereof, and stairs or ladders lead- ing to the same; 42. For causing buildings and yards to be put in other Buildings respects into safe condition, to guard against fire or other condition 8 ' of. dangerous risk or accident ; 43. For requiring the inhabitants to provide so many fire Fire buckets. buckets in such manner and time as may be prescribed ; and for regulating the examination of them; and the use of them at fires ; 44. For authorizing appointed officers to enter at all rea- T "^ g e g n of sonable times upon any property subject to the regulations of the Council, in order to ascertain whether such regulations are obeyed, or to enforce or carry into effect the same. 45. For making regulations for suppressing fires, and fo r Suppression pulling down or demolishing adjacent houses or other erec- of tions, when necessary to prevent the spreading of fire. 46. For regulating the conduct and enforcing the assistance Enforcing of the inhabitants present at fires, and for the preservation of SJ^ tance at property at fires. PROVISIONS APPLICABLE TO CITIES AND TOWNS. 388. The following sections, numbered from 289 to 291, apply to the following municipalities (7i) : 1. Cities; 2, Towns. to C 29i CORONERS. SJ8O. One or more Coroners shall be appointed for every incorporated city and town, (i) mentor. (h) See note y to sec. 241. (i) It is not said by whom the appointment is to be made, but it is understood by the Executive. The office of Coronor is of equal anti- quity with that of Sheriff. (Mirror, cap. 1, sec. 3.) The authority of a Coroner is judicial and ministerial. Judicial where one comes to a violent death, or a house or building is destroyed by fire in a city, town or village, in which cases he is to take inqnest. (4 Inst. 371 ; 20 Vic. cap. 36.) Ministerial where the Coroner executes the Queen's writs on exception to the Sheriff, as by his being a party to a suit, or of kin to either of the parties, &c. (lb.) Coroners of Counties are how- ever commonly called upon to act in a ministerial capacity. 158 THE MUNICIPAL MANUAL. Licensing Intelligence Regulation of. Duration of license. Prohibition of, without license. Fees for. Wooden buildings. A police. INTELLIGENCE OFFICES. (/) . The Council of every city and town may respec- tively pass by-laws : 1. For licensing suitable persons to keep Intelligence Offices for registering the names and residences of and giving infor- mation to or procuring servants for employers in want of domestics or labourers, and for registering the names and residences of and giving information to or procuring employ- ment for domestic servants and other labourers desiring employment, and for fixing the fees to be received by the keepers of such offices. 2. For the regulation of such Intelligence Offices. 3. For limiting the duration of, or revoking any such license. 4. For prohibiting the opening or keeping any such Intel- ligence Office within the municipality without license. 5. For fixing the fee to be paid for such license, not exceed- ing one dollar for one year. WOODEN BUILDINGS, (k) 6. For regulating the erection of buildings and preventing the erection of wooden buildings and wooden fences in speci- fied parts of the city or town. POLICE. (I) 7. For establishing, regulating and maintaining a police, but subject to the other provisions of this Act on that head. (/) The powers given are to license intelligence offices, to regulate them, to limit the duration of the licences, to prohibit the opening of any such office without license, to fix the fee for a license, each of which has a distinct meaning. (k) As wooden structures are more combustible than stone or brick, the power to regulate the erection of them in Cities and Towns is conferred. For the word "specified" the word "populous" is pro- bably intended ; otherwise the expression might as well have been "any part" as "specified parts." The word " populous" was used in the bill as introduced to the Assembly. It is not certain where or by whom it was changed. (Z) The word "police" is generally applied to the internal regula- tions of Cities and Towns, whereby the individuals of any City or Town, like members of a well governed family, are bound to conform their general behavior to the rules of propriety, good neighborhood, and good manners, and to be decent, industrious and inoffensive in their respective situations (See 4 Bla. Com. cap. 13) ; but the word, as here used, has a still more restricted meaning, for it is intended to apply to those paid men who in every City and Town are appointed to execute police laws, and who in many respects correspond with THE MUNICIPAL MANUAL. 159 INDUSTRIAL FARM EXHIBITION. (r?z) 8. For acquiring any estate in landed property within or industrial without the city or town for an industrial farm, or for a public farm ' park, garden or walk, or for a place for exhibitions, and for the disposal thereof when no longer required for the purpose; and for accepting and taking charge of landed property, within or without the city or town, dedicated for a public park, gar- den or walk for the use of the inhabitants of the city or town. 9. For the erection thereon of buildings and fences for the Buildings purposes of the farm, park, garden, walk or place for exhibi- thereon - tion, as the Council deems necessary. 10. For the management of the farm, park, garden, walk, Managing or place for exhibitions, and buildings. CHARITY, (ri) 11. For establishing and regulating within the city or town, AimshouBea or on the industrial farm or ground held for public exhibi- tions, one or more almshouses or houses of refuge for the relief of the destitute, and for granting out-of-door relief to the resident poor, and also for aiding charitable institutions within the city or town. SNOW, ICE AND DIRT. (0) 12. For compelling persons to remove the snow, ice and Removing dirt from the roofs of the premises owned or occupied by them, snow ' &c Constables of Rural Municipalities. The powers given to Cities and Towns are 1. To establish. 2. To regulate; and 3. To maintain a police. (m) The jurisdiction of a Municipal Council is in general local, that is, confined to the Municipality which it represents. For some purposes, the jurisdiction extends beyond the locality. The acquire- ment of land for a cemetery is one such purpose. (Sec. 258, subsec. 3.) Land for an industrial farm, &c., is another. Power is given 1. To acquire any estate, &c., for a farm, &c. 2. To erect buildings thereon, &c. 3. To manage the same. (n) Every Township Council may also make by-laws for raising money for the support of the poor resident in the Township. (Sec. 269.) The poor taken notice of by the English law, which is a com- plete system, are -1st. Poor by impotency ; as the aged or decrepid, fatherless or motherless, poor under sickness, and persons who are idiots, lunatics, lame, blind, &c. 2nd. Poor by casualty ; such as able-bodied persons decayed or ruined by unavoidable misfortunes, or otherwise out of employment and unable to procure employment. 3rd. Poor by prodigality and debauchery ; also those called thriftless poor, as idle, slothful persons. (o) The power is to compel " persons" to remove snow, ice and dirt, &c. This means persons resident within the jurisdiction of the Municipal Council of the City or Town ; for over persons resident without such jurisdiction the Council can have no authority. 160 THE MUNICIPAL MANUAL. Numbering houses, &c. Record of streets and numbers. Levels of cel- lars. Deposit of plan of buildings. Cellars, privies, &c. Filling tip certain places. and also to remove the same from the sidewalk, street or alley in front of such premises, and for removing the same at the expense of the owner or occupant in case of his default. NUMBERING HOUSES AND LOTS, (jo) 13. For numbering the houses and lots along the streets of the municipality, and for affixing 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. 14. For keeping (and every such Council is hereby required to make and keep) a record of the streets and numbers of the houses and lots numbered thereon respectively, and entering thereon (and every such Council is hereby required to enter thereon) a division of the streets with boundaries and dis- tances, for public inspection. DRAINAGE, (j) 15. For ascertaining and compelling owners, tenants and occupants to furnish the Council with the levels of the cellars heretofore dug or constructed, or which may hereafter be dug or constructed, along the streets of the municipality, such levels to be with reference to a line fixed by the by-laws. 16. For compelling to be deposited with an officer, to be named in the by-law, before commencing the erection of any building, a ground or block plan of such building, with the levels of the cellars and basements thereof with reference to a line fixed by the by-law. 17. For regulating the construction of cellars, sinks, water- closets, privies and privy-vaults, and the manner of draining the same. 18. For compelling or regulating the filling up, draining, clearing, altering, relaying and repairing of any grounds, yards, vacant lots, cellars, private drains, sinks, cesspools and privies; and for assessing the owners or occupiers of such grounds, yards, or of the real estate on which the cellars, pri- (p) In Cities and Towns, this is a very great convenience. It causes an expense which in amount is trifling and cheerfully borne. () PROVISIONS APPLICABLE TO CITIES, TOWNS AND INCORPORATED VILLAGES. Extent of 286. The following section applies to the following Mu- Mrtta 7 ' mcipalities: (?) 1. Cities, 2. Towns, and 3. Incorporated Villages. By-laws may 287. The Council of every city, town and incorporated village (r), may respectively pass by-laws for the following purposes : (s) HARBOURS, DOCKS, ETC. For the 1. For regulating or preventing the encumbering, injuring,. streets, 11 !?. f or fouling, by animals, vehicles, vessels or other means, of any public wharf, dock, slip, drain, sewer, shore, bay, harbour, river or water, (t) For removal 2. For directing the removal of door-steps, porches, railings ic. 00 eps> or other erections or obstructions, projecting into or over any wharf, dock, slip, drain, sewer, bay, harbour, river or water, or (o) It is not said to whom the Treasurer is ' to pay over ;" but it is apprehended only to persons directly entitled to receive, such as contractors, &o., for work done. (p) This is for the purposes intended, to effect as it were a separa- tion of Counties United pro tanlo without severing the Union. (q) See note y to sec. 241. (r) Counties are not named, and of course are not empowered to pass by-laws for the purposes mentioned. (s) By-laws. See note v to sec. 186. (t) The clause is restricted to public wharves, docks, &c.; for private wharves, &c., owned by private companies, are in such matters gene- rally regulated by the owners^ In 1853, an act was passed which provides for the formation of companies for the construction of piers,, wharves, dry docks, &c. (16 Vic. cap. 124.) THE MUNICIPAL MANUAL. 158 the banks or shores thereof, at the expense of the proprietor or occupant of the property, connected with which such pro- jections are found. () 3. For making, opening, preserving, altering, improving wharves, and maintaining public wharves, docks, slips, shores, bays, docks &c - harbours, rivers or waters, and the banks thereof, (v) 4. For regulating harbours, for preventing the filling tip or Forreguiat- encumbering thereof; for erecting and maintaining the neces- JJ? 1 " sary beacons, and for erecting and renting wharves, piers and docks therein, and also floating elevators, derricks, cranes and other machinery suitable for loading, discharging or repairing vessels ; for regulating the vessels, crafts and rafts arriving in any harbour ; and for imposing and collecting such reasonable harbour dues thereon as may serve to keep the harbour in good order, and to pay a Harbour Master. (w>) WATER. 5. For establishing, protecting and regulating public wells, For supply- reservoirs and other conveniences for the supply of water ; &c. and for making reasonable charges for the use thereof; and for preventing the wasting and fouling of public water, (x) MARKETS. 6. For establishing markets, (y) Markets. 7. For regulating all markets established and to be estab- For reguiat- lished. The places, however, already established as markets ing markets - in such municipality, shall continue to be markets, and shall Old markets retain all the privileges thereof until otherwise directed by cc competent authority ; and all market reservations or appro- priations heretofore made in any such municipality, shall con- tinue to be vested in the Corporation thereof. (2) (u) The power is to do more than to cause the projections to be removed ; for it is to direct the removal, " at the expense of the pro- prietor or occupant of the property connected with which such projections are found." (?;) Here as above the power is restricted to public wharves, c. (w) There is a general act for the formation of companies for the construction of harbors. (16 Vic. cap. 124.) The harbor of Toronto is under the control of Commissioners. (13 & 14 Vic. cap. 80.) () There is also a general act providing for the formation of Incor- porated Joint Stock Companies for supplying Cities, Towns and Villages with water. (16 Vic. cap. 173.) (y) The establishment of public marts or places of buying and sell- ing, such as markets and fairs, with the tolls thereunto belonging, is enumerated by Blackstone as one of the Royal Prerogatives. In Upper Canada it is frequently exercised as to fairs. (z) The power is to regulate all markets established, apparently 154 THE MUNICIPAL MANUAL. Regulating vending in streets. Vending in open air. Sale of Butcher's meat. Preventing forestalling. Regulating Hucksters. Weighing, Ac. Penalties for light weight. Regulating vehicles used in market vending. Assize of Bread. Tainted pro- visions. Rent of mar- ket stalls. Bathing. 8. For preventing or regulating the sale by retail in the public streets, of any meat, vegetables, fruit or beverages, (a) 9. For preventing or regulating the buying and selling of articles or animals exposed for sale or marketed in the open air. 10. For regulating the place and manner of selling and weighing butcher's meat, fish, hay, straw, fodder, wood and lumber. 11. For preventing the forestalling, regrating or monopoly of market grains, meats, fish, fruits, roots and vegetables. 12. For preventing and regulating the purchase of such things by hucksters or runners living within the municipality, or within one mile from the outer limits thereof. 13. For regulating the mode of measuring or weighing (as the case may be) of lime, shingles, laths, cordwood, and coal, and other fuel. 14. For imposing penalties for light weight, or short count or short measurement, in any thing marketed. 15. For regulating all vehicles, vessels and other things in which any thing is exposed for sale or marketed in any street or public place, and for imposing a reasonable duty thereon, and establishing the mode in which it shall be paid. 16. For regulating the assize of bread, and preventing the use of deleterious materials in making bread ; and for provid- ing for the seizure and forfeiture of bread made contrary to the by-law. 17. For seizing and destroying all tainted and unwholesome meat, poultry, fish, or other articles of food. 18. For selling, after six hours' notice, butcher's meat dis- trained for rent of market-stalls. NUISANCES. 19. For preventing or regulating the bathing or washing the person in any public water in or near the municipality. including those establised by the Crown as well as those established by municipal authority. (a) This and the ten following clauses (9 to 18) confer power to make purely local regulations, some of which, such as the assize of bread (16) have been from the earliest time necessary, and from time to time made by some or other local authority. (b) A. nuisance has been described as any thing that works hurt, inconvenience, or damage. And nuisances are of two kinds ; public or common nuisances, which affect people generally, and private nuisances, which may be denned as any thing done to the hurt of the lands, tenements or hereditaments of another. (1 Russ. Crimes, 317.) THE MUNICIPAL MANUAL. 155 20. For preventing and abating public nuisances. 21. For preventing or regulating the construction of privy Privy vaults. vaults. 22. For causing vacant lots to be properly enclosed. Tacantiots. 23. For preventing or regulating the erection or continu- Slaughter ance of slaughter houses, gas works, tanneries, distilleries, or other manufactories or trades which may prove to be nui- sances. 24. For preventing the ringing of bells, blowing of horns. Tumultuous shouting and other unusual noises in streets and public places, n< 25. For preventing or regulating the firing of guns or other Firing guns, fire arms ; and the firing or setting off of fire-balls, squibs, &Ct crackers or fireworks, and for preventing charivaries and other like disturbances of the peace. 26. For preventing immoderate riding or driving in high- Furious vays or streets ; for preventing the leading, riding or driving of horses or cattle upon side-walks or other places not proper therefor. 27. For preventing persons in streets or public places from importun- importuning others to travel in or employ any vessel or vehi- cle, or go to any tavern or boarding-house, or for regulating persons so employed. PUBLIC HEALTH, (c) 28. For providing for the health of the municipality, and i, T j* , v health. against the spreading or contagious or infectious diseases. INTERMENTS, (d) 29. For regulating the interment of the dead, and for pre- interments. venting the same taking place within the municipality. 30. For directing the keeping and returning of bills of Bills of mor- mortality, and for imposing penalties on persons guilty of tallty> default in doing so. Private nuisances are generally remedied by civil action. Public nuisances, then, are offences against the public order and economical regimen of the State, being either the doing of a tbing to the annoy- ance of all the Queen's subjects, or the neglecting to do a thing which the common good requires. But the annoyance or neglect must be of a real and substantial nature, and the fears of mankind, though they may be reasonable, will not create a nuisance. Offensive trades or manufactures, of which examples are given in the following subsec- tions, may be public nuisances. (c) See sec. 244 and notes thereto. (d) The Council of every City, Town and Township, is under cer- tain restrictions authorized to accept or purchase land for public 156 THE MUNICIPAL MANUAL. Licensing cabs, &c. Gunpowder, care of. LICENSES, (e) 31. For regulating and licensing the owners of livery stables and of horses, cabs, carriages, omnibuses and other vehicles used for hire ; for establishing the rates of fare to be taken by the owners or drivers; and for enforcing payment thereof. GUNPOWDER. 32. For regulating the keeping or transporting of gunpow- der or other combustible or dangerous materials ; for regulat- ing and providing for the support, by fees, of magazines for storing gunpowder belonging to private parties ; for compelling 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. FIRES. Fire compa- nies, &c. Medals and rewards to, &c. Fires in stables, &c. Dangerous manulacto- ries. Stoves, chim- nies, &c. 33. For appointing Fire Wardens, Fire Engineers and Fire- men, and promoting, establishing and regulating fire-compa- nies, hook-and-ladder companies, and property-saving compa- nies : 34. For providing medals or rewards for persons who dis- tinguish themselves at fires ; and for granting pecuniary aid or otherwise assisting the widows and orphans of persons who are killed by accidents at such fires : 35. For preventing or regulating the use of fire or lights in stables, cabinet makers' shops, carpenters' shops, and com- bustible places ; 36. For preventing or regulating the carrying on of manu- factories or trades dangerous in causing or promoting fire ; 37. For preventing and for removing, or regulating the construction of any chimney, flue, fire place, stove, oven, boiler or other aparatus or thing which may be dangerous in causing or promoting fire , cemeteries, as well within as without the Municipality. (Sec. 259, subsec. 3.) (e] The raising of revenue by the license of livery stables, horses, cabs, &c., is an old system. It has existed for many years. (/) Erecting powdor mills or keeping gunpowder magazines near a town has been held to be a nuisance at common law, punishable by indictment or information. (The King v. Taylor, 2 Str. 1167.) The English Act 12 Geo. III. cap. 61, reduces into one act and repeals all former acts relative to the making, keeping and carrying of gun- powder. THE MUNICIPAL MANUAL. 157 38. For regulating the construction of chimnies as to di- Size and mensions and otherwise; and for enforcing the proper clean- cMmSes,*c. ing of the same ; 39. For regulating the mode of removal and safe keeping Ashes. of ashes ; 40. For regulating and enforcing the erection of party Party wails, walls ; 41. For compelling the owners and occupants of houses to Judders to have scuttles in the roofs thereof, and stairs or ladders lead- ing to the same ; 42. .For causing buildings and yards to be put in other Buildings respects into safe condition, to guard against fire or other condSon'of. dangerous risk or accident ; 43. For requiring the inhabitants to provide so many fire Fire buckets, buckets in such manner and time as may be prescribed ; and for regulating the examination of them ; and the use of them at fires ; 44. For authorizing appointed officers to enter at all rea- sonable times upon any property subject to the regulations of the Council, in order to ascertain whether such regulations are obeyed, or to enforce or carry into effect the same. 45. For making regulations for suppressing fires, and fo r Suppression pulling down or demolishing adjacent houses or other erec- of tions, when necessary to prevent the spreading of fire. 46. For regulating the conduct and enforcing the assistance Enforcing of the inhabitants present at fires, and for the preservation of fo S e S s . tance at property at fires. PROVISIONS APPLICABLE TO CITIES AND TOWNS. 88. The following sections, numbered from 289 to 291, apply to the following municipalities (7t) : 1. Cities; 2, Towns. to29i? CORONERS. 5589. One or more Coroners shall be appointed for every incorporated city and town. (A) ment of< (A) See note y to sec. 241. {) It is not said by whom the appointment is to be made, but it is understood by the Executive. The office of Coronor is of equal anti- quity with that of Sheriff. (Mirror, cap. 1, sec. 3.) The authority of a Coroner is judicial and ministerial. Judicial where one comes to a violent death, or a house or building is destroyed by fire in a city, town or village, in which cases he is to take inqnest. (4 Inst. 371 ; 20 Vic. cap. 36.) Ministerial where the Coroner executes the Queen's writs on exception to the Sheriff, as by his being a party to a suit, or of kin to either of the parties, &c. (lb.) Coroners of Counties are how- ever commonly called upon to act in a ministerial capacity. 158 THE MUNICIPAL MANUAL. Licensing Intelligence Regulation of. Duration of license. Prohibition of, without license. Fees for. Wooden buildings. A police. INTELLIGENCE OFFICES. (/) 2OO. The Council of every city and town may respec- tively pass by-laws : 1. For licensing suitable persons to keep Intelligence Offices for registering the names and residences of and giving infor- mation to or procuring servants for employers in want of domestics or labourers, and for registering the names and residences of and giving information to or procuring employ- ment for domestic servants and other labourers desiring employment, and for fixing the fees to be received by the keepers of such offices. 2. For the regulation of such Intelligence Offices. 3. For limiting the duration of, or revoking any such license. 4. For prohibiting the opening or keeping any such Intel- ligence Office within the municipality without license. 5. For fixing the fee to be paid for such license, not exceed- ing one dollar for one year. WOODEN BUILDINGS, (k) 6. For regulating the erection of buildings and preventing the erection of wooden buildings and wooden fences in speci- fied parts of the city or town. POLICE. (I) 7. For establishing, regulating and maintaining a police, but subject to the other provisions of this Act on that head. (y ) The powers given are to license intelligence offices, to regulate them, to limit the duration of the licences, to prohibit the opening of any such office without license, to fix the fee for a license, each of which has a distinct meaning. (k) As wooden structures are more combustible than stone or brick, the power to regulate the erection of them in Cities and Towns is conferred. For the word "specified" the word "populous" is pro- bably intended ; otherwise the expression might as well have been "any part" as "specified parts." The word "populous" was used in the bill as introduced to the Assembly. It is not certain where or by whom it was changed. (I) The word "police" is generally applied to the internal regula- tions of Cities and Towns, whereby the individuals of any City or Town, like members of a well governed family, are bound to conform their general behavior to the rules of propriety, good neighborhood, and good manners, and to be decent, industrious and inoffensive in their respective situations (See 4 Bla. Com. cap. 13); but the word, as here used, has a still more restricted meaning, for it is intended to apply to those paid men who in every City and Town are appointed to execute police laws, and who in many respects correspond with THE MUNICIPAL MANUAL. 159 INDUSTRIAL FARM EXHIBITION, (w) 8. For acquiring any estate in landed property within or industrial without the city or town for an industrial farm, or for a public farm * park, garden or walk, or for a place for exhibitions, and for the disposal thereof when no longer required for the purpose ; and for accepting and taking charge of landed property, within or without the city or town, dedicated for a public park, gar- den or walk for the use of the inhabitants of the city or town. 9. For the erection thereon of buildings and fences for the Buildings purposes of the farm, park, garden, walk or place for exhibi- thereon - tion, as the Council deems necessary. 10. For the management of the farm, park, garden, walk, Managing or place for exhibitions, and buildings. CHARITY, (ri) 11. For establishing and regulating within the city or town, Aimshouses or on the industrial farm or ground held for public exhibi- tions, one or more almshouses or houses of refuge for the relief of the destitute, and for granting out-of-door relief to the resident poor, and also for aiding charitable institutions within the city or town. SNOW, ICE AND DIRT. (0) 12. For compelling persons to remove the snow, ice and Removing dirt from the roofs of the premises owned or occupied by them, snow ' c Constables of Rural Muncipalities. The powers given to Cities and Towns are 1. To establish. 2. To regulate; and 3. To maintain a police. (m) The jurisdiction of a Municipal Council is in general local, that is, confined to the Municipality which it represents. For some purposes, the jurisdiction extends beyond the locality. The acquire- ment of land for a cemetery is one such purpose. (Sec. 258, subsec. 3.) Land for an industrial farm, &c., is another. Power is given 1. To acquire any estate, &c., for a farm, &c. 2. To erect buildings thereon, &c. 3. To manage the same. (n) Every Township Council may also make by-laws for raising money for the support of the poor resident in the Township. (Sec. 269.) The poor taken notice of by the English law, which is a com- plete system, are 1st. Poor by impotency ; as the aged or decrepid, fatherless or motherless, poor under sickness, and persons who are idiots, lunatics, lame, blind, &c. 2nd. Poor by casualty ; such as able-bodied persons decayed or ruined by unavoidable misfortunes, or otherwise out of employment and unable to procure employment. 3rd. Poor by prodigality and debauchery; also those called thriftless poor, as idle, slothful persons. (o) The power is to compel " persons" to remove snow, ice and dirt, &c. This means persons resident within the jurisdiction of the Municipal Council of the City or Town ; for over persons resident without such jurisdiction the Council can have no authority. 160 THE MUNICIPAL MANUAL. Numbering houses, &c. Record of streets and numbers. Levels of cel- lars. Deposit of plan of buildings. Cellars, privies, &c. Filling up certain places. and also to remove the same from the sidewalk, street or alley in front of such premises, and for removing the same at the expense of the owner or occupant in case of his default. NUMBERING HOUSES AND LOTS, (p) 13. For numbering the houses and lots along the streets of the municipality, and for affixing 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. 14. For keeping (and every such Council is hereby required to make and keep) a record of the streets and numbers of the houses and lots numbered thereon respectively, and entering thereon (and every such Council is hereby required to enter thereon) a division of the streets with boundaries and dis- tances, for public Inspection. DRAINAGE. ( &c - to or against the principal chimney thereof, and another lad- der reaching from the ground to the roof of such house, under a penalty of one dollar for every omission ; and a further pen- alty of two dollars for every week such omission continues ; (q) The proceedings had better, as much as possible, conform to the Summary Convictions Act, 16 Vic. cap. 178. (r) The Path Master, or some Path Master if more than one, is to receive the penalty. "When he receives it, it is his duty to apply it to the repair and improvement of the streets, &c. (s) See sec. 244 rnd notes thereto. (0 A Police Village is not a " Municipality" within the meaning of this act. (Sec. 402, subsec. 1.) Nor are the Police Trustees, like the members of Municipal Councils, a body corporate. (Sec. 2.) A Police Village is in every respect of much less importance than a Municipality, such as a County, City, Town, or Incorporated Village. Hence it is that regulations such as Municipal Councils may them- selves ordain are here ordained by the Legislature for Police Trus- tees. Little is left in their power or to their discretion. (w) It ought to be an object of every householder, where a number of houses are collected together, to provide against fire. It is for this reason that the Legislature, in the clauses following, is so particular as to details. 166 THE MUNICIPAL MANUAL. Store pipes, Ac. Fire buckets. 2. Every householder shall provide himself with two buc- kets fit for carrying water in case of accident by fire, under a penalty of one dollar for each bucket deficient ; Furnaces, &c. 3. No person shall 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 house or building in which the oven or furnace is built, under a penalty not exceed- ing two dollars for non-compliance ; 4. No person shall pass a stove-pipe through a wooden or lathed partition or floor, unless there is a space of four inches between the pipe and the wood work nearest thereto; and the pipe of every stove shall be inserted into a chimney ; and there shall be at least ten inches in the clear between any stove and any lathed partition or wood work, under a penalty of two dollars ; 5. No person shall enter a mill, barn, outhouse or stable, with a lighted candle or lamp, unless well enclosed in a lantern, nor with a lighted pipe or cigar, or with fire not properly secured, under a penalty of one dollar; 6. No person shall light or have a fire in a wooden house or outhouse unless such fire is in a brick or stone chimney, or in a stove of iron or other metal, properly secured, under a penalty of one dollar; 7. No person shall carry fire or cause fire to be carried into or through any Street, Lane, Yard, Garden or other Place, without having such fire confined in some copper, iron or tin vessel, under a penalty of one dollar for the first offence, and of two dollars for every subsequent offence ; 8. No person shall light a fire in a street, lane or public place, under a penalty of one dollar; 9. No person shall place Hay, Straw or Fodder, or cause the same to be placed, in a dwelling 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 ; 10. No person, except a manufacturer of pot or pearl ashes, shall keep or deposit ashes or cinders, in any wooden vessel, box or thing not lined or doubled with sheet-iron, tin or cop- per, so as to prevent danger of fire from such ashes or cinders, under a penalty of one dollar ; 11. No person shall place or deposit any quick or unslaked lime in contact with any wood of a house, outhouse or other building, under a penalty of one, dollar, and a further penalty Lights in stables, &c. Chimnies. Securing fire carried through streets, &c. Tires in Streets. Hay, straw, &c. Ashes, &c. tLime. THE MUNICIPAL MANUAL. 167 <&>f two dollars a day until the lime lias been removed, or se- cured to the satisfaction of the inspecting trustee, so as to prevent any danger of fire ; 12. No person shall erect a furnace for making charcoal of wood, under a penalty of five dollars ; GUNPOWDER, (v) 13. No person shall keep or have Gunpowder for sale ex- Gunpowder, cept in boxes of copper, tin or lead, under a penalty of five dollars for the first offence, and ten dollars for every subsequent offence ; 14. No person shall sell Gunpowder, or permit Gunpowder Gunpowder, to be sold, in his house, storehouse or shop, outhouse or other building, at night, under a penalty of ten dollars for the first offence, and of twenty dollars for every subsequent offence ; NUISANCES, (w) 15. No person shall throw or cause to be thrown any filth, Certain nui- or rubbish into a street, lane or public place, under a penalty {JjJS* prohl " of one dollar, and a further penalty of two dollars for every week he neglects to remove the same after being notified to do so by the Inspecting Trustee, or some other person author- ized by him. ROADS, BRIDGES, DRAINS, WATERCOURSES, (ww) WHAT CONSTITUTE HIGHWAYS. SIOO. All allowances for roads made by the Crown Sur- what shall veyors in any Town, Township or place already laid out, or constitute hereafter laid out; and also all roads laid out by virtue of any Act of the Parliament of Upper Canada, or any roads whereon the public money has been expended for opening the same, or whereon the Statute Labour hath been usually performed, or any roads passing through the Indian La:-ids, shall be deemed common and public highways, unless where such roads have (v) Gunpowder. See note p to subsec. 32 of sec. 287, p. 156. (w) Nuisances. See note b to subsec. 19 of same section, p. 154. (ww) The powers of Municipal Councils respecting roads and bridges, under the former statutes, were contained in detached sec- tions. They were difficult to trace, differing as they did in relation to the different Municipalities. The framers of this act therefore have apparently thought it better to collect together all the law of highways, so far as regards the jurisdiction of Municipal Councils, and which will be found in the following sections. A methodical arrangement, so far as the diversity of the provisions admits, has been attempted. 168 THE MUNICIPAL MANUAL. been already altered, or may hereafter be altered according to Law. (x~) HIGHWAYS VESTED IN THE CROWN. Highways, 301. Unless otherwise provided for, the soil and freehold the crow!" 1 of every highway or road altered, amended or laid out accord- ing to law, shall be vested in her Majesty, her heirs and suc- cessors, (y) The following is an outline of the arrangement : 1. Highways generally. (Sec. 300.) 2. Restrictions upon the powers of Councils. (Sec. 303.) 3. Formalities to be observed in passing by-laws. (Sec. 808.) 4. Compensation to owners of lands taken for roads, &c. (Sec. 310.) 5. Title to lands taken for roads, &c. (Sec. 311.) 6. Joint jurisdiction of two or more Councils. (Sec. 314.) 7. Statute labor. (Sec. 317.) 8. General powers of all Municipalities. (Sees. 317-320.) 9. Townships, Cities, Towns, and Incorporated Villages. (Sees. 321-323.) 10. Cities, Towns, and Incorporated Villages. (Sec. 324.) 11. Counties exclusively. (Sec. 325.) 12. Townships exclusively. (Sec. 329.) 13. Railways. (Sec. 332.) Each Municipal Council should, as occasion requires, give careful attention to those sections which relate to its powers and duties with respect to roads, &c. (z) Anciently there were but four highways in England, which were public and common highways to all the King's subjects, and through which they might pass without any toll. (James v. Johnston, 1 Mod. 231.) All others are supposed to have been made through the grounds of private persons, who had a right to prescribe tolls. (Ib.) High- ways in the modern sense may however exist notwithstanding the imposition of tolls, and are often constituted such by Acts of Parlia- ment. The following are made highways under the operation of this section : 1. All allowances for roads made by the Crown Surveyor, &c. 2. All roads laid out by virtue of any Act of Parliament of Upper Canada. 3. All roads whereon the public money has been expended for opening the same. 4. All roads on which statute labor hath been usually performed. 5. All roads passing through the Indian lands (which is very inde- finite). 6. The exception is where such roads have been already altered or may hereafter be altered according to law. (y] The soil and freehold of every highway or road altered, amended or laid out, according to law, unless otherwise provided for, is vested in her Majesty, her heirs and successers ; and it is provided by sec. 322, that every public road, &c., or other highway in a City, Town- ship, Town, or Incorporated Village, shall be vested in the Munici- pality, subject to any rights in the soil which the individuals who laid out such road, &c., reserved, &c. THE MUNICIPAL MANUAL. 169 JURISDICTION OF MUNICIPALITIES. 3O2. Subject to the exceptions and provisions herein- Jurisdiction after contained, every Municipal Council shall have the juris- diction over the original allowances for Roads, Highways and Bridges within the Municipality, (V) JURISDICTION RESTRICTED. PROVINCIAL ROADS UNDER BOARD OF WORKS. 3O3. No Council shall interfere with any Public Road Roads under or Bridge vested as a Provincial Work in Her Majesty or in wor^not to- any Public Department or Board, and the Governor shall by j? e inte ^- order in Council have the same powers as to such Road and Bridge as are by this Act conferred on Municipal Councils with respect to other Roads and Bridges ; (a) but the Gover- nor may by Proclamation declare any Public Road or Bridge under the control of the Commissioners of Public Works, to be no longer under their control, and in that case after a day named in the Proclamation the Road or Bridge shall cease to be under the control of the Commissioners, and no tolls shall thereafter be levied thereon by them, and the Road or Bridge shall thenceforth be controlled and kept in repair by the Council of the Municipality. (6) ROADS ON ORDNANCE LANDS. 3O4. No Council shall pass any By-law (1) for stopping Nor with up or altering the direction or alignment of any street, lane or thoroughfare made or laid out by Her Majesty's Ordnance, or &c - the Principal Secretary of State in whom the Ordnance Estates are vested under the Statute of this Province, passed in the nineteenth year of Her Majesty's Reign chapter forty- (z) Original allowances for roads, &c., are generally allowances laid out in the first or original survey of a township, &c. (See rep. stat. 50 Geo. 3, cap. 1, sec. 12.) Over all these jurisdiction is given to the Municipal Council of the Municipality in which situate. The object is to give express authority to the Municipal Councils as respects the government of highways within their limits. (See sec. 822.) (a) Among the exceptions to public roads, c., being under the jurisdiction of Municipal Councils, are public roads, &c., vested as provincial works in her Majesty, or in any public department or board, such as the Department of Public Works. (See 9 Vic. cap. 37, subsecs. 7, 12, 13 and 23, and 10 & 11 Vic. cap. 24.) Over these the Governor General of the Province is to have the same powers as are by this act given to Municipal Councils with respect to other roads, &c. (b) This provides for the transfer of a provincial road to the Muni- cipal Council of the Municipality in which it is situate. So far as the section does so it is taken from statute 13 & 14 Vic. cap. 15, sec. 2. 170 THE MUNICIPAL MANUAL. five, (2) or for opening any such communication through land held by the Secretary of State for Her Majesty's Ordnance, or (3) interfering with any bridge, wharf, dock, quay or other work constructed bv Her Majesty's Ordnance, or the Secretary of State, or (4) interfering with any land reserved for Military purposes or with the integrity of the public defences, without Unless sane- a written consent signed by the Principal Officer of Her ChTef d Engi- he Majesty's Ordnance acting in Canada under the authority of neer, officer, suc h Secretary of State, certified under the hand of the Com- mander of the Forces in Canada to be such Principal Officer and to be acting under such authority, and a By-law for any of the purposes aforesaid shall be void unless it recites such consent, authority and certificate, (c) WHAT EOADS NOT TO BE CLOSED. Council not 3Oo. No Council shall close up any public road or high- requiredby 8 wav > whether an original allowance or a road opened by the individuals. Quarter Sessions, or any Municipal Council, or otherwise legally established, whereby any person shall be excluded from ingress and egress to and from his lands or place of resi- dence over such road, but all such roads shall remain open for the use of the person who requires the same. (d~) NOT TO ENCROACH UPON HOUSES, &C. Nor to en- SOG. No Council shall authorize an encroachment on h r o uses, u &c. n anv dwelling house, barn, stable, out-house, orchard, garden, yard or pleasure ground, without the written consent of the owner, (e) WIDTH OF ROADS. Width of SO 7. No Council shall lay out any road or lane more roads. than n i ne ty nor less than thirty feet in width ; but any road ; when altered, may be of the same width as formerly. (/) (c) The object of this section is to protect roads, &c., laid out through Ordnance Lands. The Ordnance Transfer Act of 1856 divides Ordnance Lands into two schedules; the first schedule comprising all lands vested in one of her Majesty's principal Secretaries of State, and the second such lands as are reinvested in the Crown for the public uses of the province. (19 Vic. cap. 45, sec. 1.) (d) Of this section the design is not so much the good of the public as of an inividual proprietor of land as one of the public. No road, &c., is to be closed up, " whereby any person will be excluded from ingress and egress to and from his lands, &c." (e) This section is also for the protection of private rights as op- posed to public convenience. Unless there be a written consent from the owner, no Council is to authorize an encroachment on any dwell- ing house, &c. (/) A by-law opening a new road should on the face of it show the THE MUNICIPAL MANUAL. 171 NOTICE TO BE GIVEN OF BY-LAWS INTENDED TO AFFECT PUBLIC ROADS. 3O8. No Council shall pass a By-law, for stopping up, What notice altering, widening, diverting or selling any original allowance of By-laws? for road, or for establishing, opening, stopping up, altering, widening, diverting or selling any other public highway, road, roads. street or lane ; (#) 1. Until written or printed notices of the intended Bj-law Publication, have been posted up one calendar Month previously in six of the most public places in the immediate neighbourhood of such original allowance for road, street, or other highway, road, street or lane ; (h) width of the road (In re Smith and the Municipal Council of Euphemia, S U. C. Q. B. 222), and should, it seems, when it authorizes a road through a man's land, show where it enters and what course it takes. (Dennis v. Hughes et al, S U.C.Q.B. 444.) All by-laws authorizing new roads should, either by reciting the whole description of the road given in the survey or report, or by describing it fully, whether such by-laws refer to the report or not, make it plain to every one that sees the by-laws where the road is to run and how wide it is to be, and should not leave the information to be gleaned from documents not referred to in the by-laws as annexed and not in fact annexed. (In re Brown and the Municipal Council of the County of York, S U. C. Q. B. 596 ; Mclntyre v. the Municipal Council of Bosanquet, 11 U. C. Q. B. 460.) The same strictness does not of course apply to a by-law closing up an old road. (Fisher v. the Municipal Council of Vaughan, 10 U. C. Q. B. 492.) (g) It ought to be observed that notice is requisite, not only before a Council shall pass a by-law " for stopping up, altering, widening, diverting or selling any original allowance," but "for establishing, opening, stopping up, altering, widening, diverting or selling any other public highway, road, street or lane." Under the old acts it was held that no notice was necessary before passing a by-law to open a new road ; the clause then in force only applying to by-laws "for stopping up, altering, widening or diverting a road, &c." (Den- nis v. Hughes et al, S U. C. Q. B. 444.) It seems that a road is not made, &c., when a by-law authorizing the making of it is passed, but only that it is authorized to be made, &c., by the proper officer acting in a reasonable manner. (Ib.) As to stopping up, &c., it is not necessary for the Council to do more than close or abolish the highway by their enactment. They are not required to fence it in, or to place any physical obstruction in the way of persons passing. They only put an end to the right of using it, and consequently to all obligation on the part of any person to respect it as a highway. The conveying away the former line of road, where they have authority to do so, is a distinct matter altogether and not necessary to the extinction of the right of way. (Johnston v. Reeser et al, 10 U. C. Q. B. 101.) (h] To a declaration in trespass guare clausum fregit the defendant filed several pleas, justifying the trespass as done by him as servant of the Municipal Council of the United Counties of Wentworth and 172 THE MUNICIPAL MANUAL. The same. Parties to be heard. Clerk to give the notice. Power to administer oath in disputes respecting boundaries. Owners of lauds taken, to be com- v pensated. 2. And to be published weekly for at least four successive weeks in some newspaper (if any there be) published in the Municipality; or if there be no such newspaper, then in a newspaper published in some neighbouring Municipality ; 3. Nor until the Council has heard, in person or by Coun- sel or Attorney, any one whose land might be prejudicially affected thereby, and who petitions to be so heard ; 4. And the Clerk shall give such notices, at the request of the applicant for the By-law, upon payment of the reasonable expenses attendant on such notices. IN DISPUTES RESPECTING ROADS WHO MAY SWEAR WITNESSES, &C. 3OO. In case of disputes in any Municipality concerning roads, allowances for roads, side lines, boundaries or conces- sions, within the cognizance of and in the course of investi- gation before a Municipal Council, the Head of the Council may administer an oath or affirmation to any party or witness examined upon the matters in dispute. ( i) COMPENSATION FOR LANDS TAKEN. 31O. Every" Council shall make to the owners of real property entered upon, taken or used by the Corporation in the exercise of its powers in respect to roads, streets and other public communications, or to drains and common sewers, due compensation for any damages necessarily resulting from the exercise of such powers, beyond any advantage which the claimant may derive from the contemplated work; (J) and Halton, and by their command, in pursuance of a by-law passed on 31st January, 1850, in accordance with the provisions and require- ments of the Municipal Act of 1849, which came into force on 1st January, 1850, held on demurrer that it was a valid objection to the several pleas, that they did not show a calendar month's notice given previous to the passing of the by-law ; that on the contrary they imported on the face of them that it could not have been given, be- cause the by-law was passed within a month after the Municipal Act of 1849 came into operation. (La/erty v. Stock, 3 U. C. C. P. 1.) (i) There is some obscurity in this section. It is not intended to give Municipal Councils jurisdiction to try and determine disputed boundaries, &c., but only to institute such an investigation respect- ing such roads or lines, &c., as are material to the exercise of the jurisdiction which the Councils possess. The section is founded on sec. 126 of the old Act 12 Vic. cap. 81, which was not in the original bill, as introduced in 1849, but was inserted before the bill became law, by some person who had no clear idea of what he was doing. (}) Where a statute authorizes acts interfering with private rights of property, all such acts are to be taken strictly ; and the persons justifying under the statute must show themselves to be right in every thing done by them. (Dennis v. Hughes et al, 8 U.fJ. Q.B. 414.) The THE MUNICIPAL MANUAL. 173 any claim for such compensation, if not mutually agreed upon shall be determined by arbitration under this Act. (Jc) TITLES TO LAND OP INFANTS, &C., HOW ACQUIRED. 313. In case of real property which a Council has au- thority 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 under this Act, as in contracting for and conveying to the Council any such real property, or in agreeing as to the amount of damages arising from the exercise by the Council of any power in re- spect thereof. (I) In case there is no such person who can power of a Municipal Council referring proprietors to private parties for compensation, to say the least of it, is very doubtful. (Ib. ; Laf- ferty v. Stock, 3 U. C. C. P. 1.) But a by-law closing up an old road and directing that the parties applying to have the road enclosed should pay the expenses, is not necessarily bad. (Fisher v. the Muni- cipal Council of Vavffhan, 10 U. C. Q. B. 492.) A party who accepts a sum of money in satisfaction of his right to land taken for a road, &c., is not allowed afterwards to contend that the road was illegally laid out, by reason of want of notice or other formality. (Maarath v. the Municipality of the Township of Brock, 13 U. C. Q B. 629.) How far the owner of land upon a highway would have a claim to compen- sation, under this section, for any thing done by a Municipal Council in the proper exercise of its powers within the line of the highway, as originally laid out, is a question. It has been decided under the old statute 16 Vic. cap. 181, sec. 33, that as a general rule a claim to compensation for the consequences of improvement made in the proper line of the highway, could not be recognized as just or reasonable ; because it was said the proprietor of land, taking possession of his lot, having a street running past it, is called upon to consider that, for the sake of the public, the street will in progress of time be made as level and as dry as it may be, either by raising the ground where it is low or by reducing hills which are inconveniently steep ; and that having due regard to the make of the ground in its natural state, he has an opportunity of foreseeing such alterations in the level of the street as a regard to public convenience will lead to, and that he should be governed by that in placing his buildings so as to suit such probable alterations. (Regina v. the Municipal Council of Perth, 14 U. C. Q. B. 156.) (k) See sec. 336. (I) Where land is required for a public purpose, it is a very common provision that persons not otherwise entitled to convey an estate in fee simple shall, for the public purposes specified, have power to do so. (See 14 & 15 Vic. cap. 51, sec. 11.) The power of the persons described in this section to do so is confined to land which the Muni- 174 THE MUNICIPAL MANUAL. if there be so act in respect to such real property, or in case any person interested in respect to any such real property, is absent from this Province, or is unknown, or in case his residence is un- known, or he himself cannot be found; the Judge of the County Court for the County in which such property is situate, may, on the application of the Council appoint a person to act in respect to the same for all or any of the said purposes, (ra) . In case any party acting as aforesaid has not the ife interest absolute estate in the property, the Council shall pay to him oul y- the interest only at six per centum per annum on the amount to be paid in respect of such property, and shall retain the Sum award- principal to be paid to the party entitled to it whenever he applied.* 3e claims the same, and executes a valid acquittance therefor, unless the Court of Chancery, or other Court having equitable jurisdiction in such cases, do in the mean time direct the Council to pay the same to any person or into Court ; (n) and the Council shall not be bound to see to the application of any interest BO paid or of any sum paid under the direction of such Court, (o) cipal Council has authority under this act to enter upon, take or use, without the owner's consent. (m) When no person entitled under the provisions of this act to convey the land required can be found, the County Judge may, on application of the Council, " appoint a person to act in respect of the same, for all or any of the said purposes." (n) A railway company agreed to pay a land owner, tenant for life, a sum of money for the benefit of him or other the owner for the time being, for indemnifying him from the expense of making a new road, &c., and as a compensation for the annoyance which he or such other owners might sustain in consequence of the construction of the rail- way ; and the company agreed to pay a further sum as the price of the land taken. Both sums were paid into court. The application of the tenant for life for the absolute payment to him of the first sum was refused. The costs of the road, &c., were paid out of it, and the rest invested. (Re Duke of Harlborough Estates, 13 Jur. 738.) (o) This is a wise provision. It is a rule in equity that a person paying money to a trustee, &o., is bound to see to the application of the money. This has been found to work such hardship, that as be- tween individuals it is now enacted that a person paying money upon an express or implied trust, is not bound to see to the application or be answerable for the misapplication thereof, unless the contrary is expressly declared by the instrument creating the trust. (12 Vic. cap. 71, sec. 10.) In the same spirit it is, by the section under consider- ation, enacted that a Municipal Council paying money, &c., as au- thorized by the section, shall not be bound to see to the application thereof. THE MUNICIPAL MANUAL. 175 313* All sums agreed upon or awarded in respect of such Charges on real property, shall be subject to the limitations and charges to which the property was subject, (p) JOINT JURISDICTION OVER ROADS. COUNTIES, CITIES AND TOWNS. 314. In case a road or bridge lies wholly or partly be- joint juris- tween a County, Town or City and an adjoining County, Town or City, the Councils of the Municipalities between which the road or bridge lies, shall have joint jurisdiction over the same, although the road or bridge may so deviate as in some places to be wholly or in part within one County. ( e kept in repair by the Corporation, (c) and the default of the ' Corporation so to ^ ee P re P air > shall be a misdemeanor pun- ishable by fine in the discretion of the Court, (W) and the Corporation shall be further civilly responsible for all damages sustained by any person by reason of such default, (e) but the action must be brought within three months after the damages have been sustained. (/) And this Section shall not apply to any road, street, bridge or highway laid out with- out the consent of the Corporation by By-law, until establish- ed and assumed by By-law. ( i i T> i i i over all Koads and Bridges lying within any Township of the ^ ountv aQ d which the Council by By-law assumes as a County Road or Bridge, until the Ify-law has been repealed by the Council, and over all Bridges across streams separating two Townships in the County ; and over every Road or Bridge dividing different Townships, although such lload may so deviate as in some places to lie, wholly or in part, within one Township, (p) ROADS ASSUMED TO BE MACADAMIZED. 8. When a County Council assumes by By-law any ftoad or Bridge within a township as a County Koad or Bridge, the Council shall, with as little delay as reasonably may be, and at the expense of the County, cause the lload to be planked, gravelled or macadamized, or the Bridge to be built in a good and substantial manner, (q) CERTAIN POWERS OF JUSTICES IN SESSIONS TRANSFERRED. transferred. . All powers, duties and liabilities which at any time before the first day of January, one thousand eight hundred and fifty, belonged to the Magistrates in Quarter Sessions, with respect to any particular Road or Bridge in a County, (p) It became a question under the former statute (12 Vic. 81, ss. 38 & 39) , as to the municipality upon which rested the burthen of keeping in repair a bridge crossing a river, which river at the point of intersec- tion not only divided two townships but two county municipalities. The expressions there were, roads and bridges running, lying and being between different townships, and between different counties, &c., res- pectively. The expression in the present section is, " over all bridges across streams separating two townships in the county," and " over every road or bridge dividing different townships, although such road may so deviate," &c. To preserve consistency, the words " or bridge" should have here followed "road." The language of the section does not, however, in any view, meet the ease supposed. The section 314 speaks of a bridge wholly or "partly" between a county and an adjoining county, and the word "partly" may be held to conclude the question by showing that the jurisdiction and liability are joint. (See also ss. 316 & 327; and Lafferty v. Stock, 3 U. C. C. P. 1.) ( In case the Trustees of any Police Village, (i) or fifteen of the inhabitant householders of any other unincorpo- rated village or hamlet consisting of not less than twenty lages may be dwelling houses standing within an area of two hundred 5Swi3hi acres, (/) petition the Council of the Township in which the Councils. village or hamlet is situate, (K) and in case the petition of such unincorporated village or hamlet, not being a Police Vil- lage, is accompanied by a certificate from the Registrar of the County within which the Township lies, that a plan of the village or hamlet has been duly deposited in his office accord- ing 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 sub- ject to all the restrictions contained in this Act with reference to the sale of original allowances, (m) (A) See note w to sec. 328. (i) Of whom there should be three in number. (Sec. 68.) (/) Inhabitant householders. See note d to sec. 64. (&) Though a village and hamlet are in common acceptation synon ymous terms, strictly speaking ' hamlet" signifies a little village, or a collection of houses less than a village. (I) Any person, corporation or company, who have surveyed or shall hereafter survey and sudivide any land into town or village lots, differing from the manner in which such lands were described, as granted by the Crown, may lodge with the Registrar of the County a plan or map of such town or village lots, showing the numbers and ranges of sueh lots, and the names, sites and boundaries of the streets or lanes, by which such lots may be in whole or in part divided, toge- ther with a declaration, to be signed by such person, or by the lawful officer, agent or attorney, of such corporation or company, that the said plan contains a true description of the lots and streets laid out and appropriated by such person, corporation or company, &c. (9 Vic. cap. 34, sec. 33; see also 12 Vic. cap. 35, sees. 41 & 42.) (m) See sec. 308 and sec. 3,18 et seq. 192 THE MUNICIPAL MANUAL. When village is partly in each of two townships. Council may make by- laws: For taking stock in railways, or guarantee- ing deben- tures. For guaran- teeing the payment of debentures, Ac. . The last section shall apply to a village or hamlet situate in two townships, whether such Townships are in the same or different Counties, and in such case the Council of each of the Townships shall have the powers hereby 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, (n) RAILWAYS. S32. The Council of every Township, County, City, Town and Incorporated Village (o) may pass By-laws : (p) TAKING STOCK IN OR AIDING EAILWAY COMPANIES. 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 the Statute fourteenth and fifteenth Victoria, Chapter fifty- one, (the Railway Clauses Consolidation Act) has been made applicable by any special Act; ( 2 ) 2. For endorsing 01 guaranteeing the payment of any De- benture to be issued by the Company for the money by them borrowed, and for assessing and leving from time to time up- on the whole ratable property of the Municipality, a sufficient sum to discharge the debt or engagement so contracted ; (r) (n] The last section in terms applies only to a village or hamlet situate in one and the same township, as well as in one and the same county, but as villages are often formed at the corners of different townships, which may or may not be in different counties, it is by this section made to extend to " a village or hamlet situate in two townships, whether such townships are in the same county or in diffe- rent counties." The extension is scarcely sufficient, for there are villages formed of parts of more than two townships. Orangeville is composed of parts of the townships of Mono in the county of Simcoe, of Caledon in the county of Peel, and of Garafraxa in the county of Wellington. (o) Every form of Municipal Council is here included. (Sec. 402, subsec. 1.) (p ) By-laws. See note v to sec. 186. (g) Part of the 18th section of 14 & 15 Vic. cap. 51, has been made applicable to the Grand Trunk Railway Company (16 Vic. cap. 43, sec. 18) and to the Peterborough and Port Hope Railway Company (16 Vic. cap. 49), and probably to other companies, of which an enu- meration is not necessary in this place. (r) A Municipal Council may under this clause endorse or guarantee a debenture issued by the railway companies intended, and may assess and levy a sufficient sum to discharge the debt or engagement. An endorsement under the clause would seem to be deemed "a debt," while a guarantee is termed "an engagement." MUNICIPAL MANUAL. 198 3. For issuing, for the like purpose, Debentures payable at For issuing such times and for such sums respectively, not less than twenty dollars, and bearing or not bearing interest as the Mu- nicipal Council may think meet ; (s) 4. For directing; the manner and form of signing O r endor- Tobeeon- T-W i iit i j r firmed by sing any Debenture so issued, endorsed or guaranteed and 01 public vote. countersigning the same, and by what officer or person the same shall be so signed, endorsed or countersigned, respective- ly ; But no Municipal Corporation shall subscribe for stock or incur a debt or liability for the purposes aforesaid unless the By-law before the final passing thereof has received the assent of the Electors of the Municipality in manner provided by this Act. tf 333. Any Debenture for any of the purposes in the pre- ceding section mentioned, signed or endorsed and counter- signed as directed by the By-law, shall be valid and binding Such deben- on the Corporation without the Corporate Seal thereto, or the observance of any other form with regard to the Debenture corporate than such as may be directed in the By-law, (w) 334. In case any Municipal Council subscribes for and Head,wheu holds stock in such Company to the amount of twenty thou- Director sand dollars or upwards, the Head of the Council shall be ex-officio one of the Directors of the Company, in addition to the number of Directors authorized by the Special Act, and shall have the same rights, powers and duties, as the other Directors of the Company. (V) 33o. The Council of every Township may pass By-laws Authorizing for authorizing any railway company, in case such authority (s) No Council is allowed, " unless specially authorized so to do, to give any bond, bill, note, debenture or other undertaking, for the payment of a less amount than $100." (Sec. 214.) By this clause a special authority is given for the issue of debentures in aid of rail- way companies, in sums "not less than twenty dollars." (t) See sec. 192 et wq* (M) As a rule, all debentures and other specialties duly authorized to be executed on behalf of a Municipal Corporation, must be not only for sums not less than $100 (see note s above), but be sealed with the seal of the corporation, and be signed by the head thereof, or some other person authorized by by-law to sign the same. (Sec. 209.) But debentures issued under these sections in aid of railway companies are exceptions to both the general rules. () The Head of a Municipal Council is to be ex-officio a director of a railway company only when the Council of which he is Head " subscribes- for and hoMs stock in such company to the amount of $20,000 or upwards." 194 THE MUNICIPAL MANUAL. Mode of ap- pointing ar- bitrators and conducting arbitrations. Third arbi- trator. Provision in case of neglect to appoint. is necessary, to make any branch railway on property of ibe Corporation, or on highways, under such conditions as the Council sees fit, and subject to the restrictions contained in the Railway Clauses Consolidation Act, and any other Acts affecting such Railway, (w) ARBITRATIONS. {$G. In all cases of arbitration directed by this Act, the proceedings shall be as follows : (x) 1. Each party shall appoint one arbitrator, and give notice thereof in writing to the other party; and when the other party is a corporation, the notice shall be given to the head of the corporation. (y~) 2. The two arbiters appointed by or for the parties shall choose a third arbitrator, (z) 3. In case of an arbitration between townships, or between counties, or between a county and a city, or between a county and town, if for one calendar month after having received such notice the party notified omits appointing an arbitrator, and if for ten days after the second arbitrator has been appointed the two arbitrators omit to appoint a third arbitrator, then, in case the arbitration is between townships, the Warden of the (w] A railway act of incorporation, if at all complete, should confer the authority direct on the company, instead of leaving the company to obtain the authority from Township Councils. (x) The act by which parties may refer any dispute between them to the private decision of another party or parties is called a submis- sion. The party or parties to whom the reference is made, arbitrator or arbitrators respectively. When the reference is made to more than one, and provision made that in case they disagree another shall decide, that other is called an umpire. The judgment given or deter- mination made by an arbitrator or arbitrators or umpire is termed an award, or, more correctly, that by an umpire, an umpirage. (Tomlin. "Award.") (y) The Head of every county and provisional corporation is the Warden thereof, and of every city and town the Mayor thereof, and of every township and incorporated village the Reeve thereof. (Sec. 65.) (z) It is a common error to look upon a third arbitrator as an umpire. The difference between a third arbitrator and an umpire is that the former is appointed before the arbitration proceeds, and the latter after the arbitrators have entered upon the reference, and are unable to agree. There are other distinctions between the two unne- cessary to be mentioned here. (Harrison's C. L. P. Acts, p. 185.) The appointment of the third arbitrator is by this clause made a con- dition precedent to the right of the two arbitrators first appointed lo act. THE MUNICIPAL MANUAL. 195 county within which the townships are situate, or in case the arbitration is between counties, or between a county and a city or a town, the Governor in Council may appoint an arbitrator for the party or arbitrators in default, (a) 4. In case of an arbitration between a Municipal Corporation in case of and the owners of property to be entered upon, taken or used powenuufto in the exercise of the powers of the Corporation in regard to jjjjj g 4c roads, streets or other communications, or to drains and sewers, 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 determine the compensation to which such person is entitled, the head of the Council shall, within three days, appoint a second arbitrator, and give notice thereof to the other party, and shall express clearly in the notice what powers the Council intend to exercise with respect to the property (describing it). (&) 5. If within one month after service on the owner or owners if the owner of the property, of a copy of any by-law certified to be a true ^if^name copy under the hand of the Clerk of the Council, the owner or an arbitrate" owners omit naming an arbitrator and giving notice thereof as aforesaid, the Council or the head, if authorized by by-law, may name an arbitrator on behalf of the Council, and give notice thereof to the owner or owners of the property, and the latter shall, within seven days thereafter, name an arbitrator on his or their behalf, (c) (a) It is the duty of each party to appoint one arbitrator, and give notice thereof in writing to the other party. It is the duty of the two arbitrators so appointed, in ten days after the appointment of the second arbitrator, to appoint a third arbitrator. Default may be made in either particular, and provision is here made therefor. If the arbitration is between townships, the Warden of the county in which the township is situate may appoint the second or third arbi- trator, as the case may require ; but if the arbitration is between counties, or between a county and a city or a town, the appointment must be made by the Governor in Council. (b) A difference is to be observed as to arbitrations between muni- cipal councils and arbitrations between, a municipal council and indi- viduals. In the latter case the individual appoints his arbitrator, and gives due notice thereof to the Head of the Council. When he does so the Head of the Council is required, within three days, to appoint a second arbitrator, and besides to give notice thereof to the individual; in which notice must be clearly expressed "what powers the Council intend to exercise with respect to the property (describ- ing it) belonging to the individual." It is then the duty of the two arbitrators, within seven days, to appoint a third arbitrator. (Sub- sees. 2 and 6.) For form of mandamus on the Head of a municipal council to appoint an arbitrator, see The Queen v. the Council of Perth, 14 U. C. Q. B. 156.) (c) The initiative is to be taken by the Council, who are required 196 THE MUNICIPAL MANUAL. Time for 6. In either of the cases provided for by the two preceding tSaJbifra- clauses, the two arbitrators shall within seven days appoint a tor, and tor third arbitrator, and their award shall be made within one month after the appointment. (d~) county 7. If any such owner or occupier neglects naming an appSntin arbitrator within seven days after receiving notice to do so, certain cases. or jf ^he two arbitrators do not within seven days from the appointment of the lastly named of the two arbitrators, agree on a third arbitrator within seven days after the lastly named arbitrator's appointment, or if an arbitrator refuses or neglects to act, the Judge of the county court, on the application of either party, shall nominate as an arbitrator a fit person resident without the limits of the municipality in which the property in question is situate, and such arbitrator shall forthwith pro- ceed to hear and determine the matters referred to him. (e) Appoint- g. The appointment of all arbitrators shall be in writing:, meats, how -, ., , **. /. ., . , . e . tube made, under the hands of the appomtors, or, m-case of a corporatiou, under the corporate seal, and authenticated in like manner as a by-law. (/) ,to cause to be served on the owner of the land to be affected a copy of the by-law affecting it, certified to be a true copy, under the hand of the Clerk of the Council. Then the initiative as to arbitration is to be taken by the owner so served. It is his duty, within one month after service, to name an arbitrator, and give notice thereof to the 'Council in the manner prescribed by the last clause. If he allows the month to expire without doing it, then the Council may take tho 'initiative by appointing the first arbitrator, and giving notice of his appointment. If this is done the owner of the land is required, with- in seven days thereafter, to name the second arbitrator. The two so appointed of course name a third arbitrator before proceeding with the reference. (Subsecs. 2 and 6.) (d) The necessity for the appointment of the third arbitrator is explained in the notes to the two preceding clauses. The appoint- ment by this clause is in each case to be made within seven days after the appointment of the last of the two arbitrators, and the award must be made within one month after such appointment of the third arbi- trator. (e) In this respect also a difference is to be observed between an arbitration between municipal councils and a municipal council and an individual. (See note a above.) It is the duty, as we have seen, of the individual, if he has not taken the initiative within seven days after notice of the appointment of the first arbitrator by the Council, to appoint a second arbitrator. It is also the duty of the two so appointed, within seven days after the appointment of the last of them, to name a .third arbitrator. If in either respect there is default made, or if any arbitrator appointed refuses to act, which he may do, or neglects to act, the Judge of the County Court has the nomication of the requisite arbitrator. (/) Every by-law must be under the seal of the Corporation, and THE MUNICIPAL MANUAL. 19 9. The arbitrators on behalf of a Municipal Corporation or Head to Provisional Corporation, shall be appointed by the Council thereof, or by the head thereof if authorized by a by-law of the Council. (#) 10. In case there are several persons having distinct interests where many in property in respect of which the Corporation is desirous of Forested 6 iu exercising the powers referred to in the above fourth subsection th ^ ^f r e under a by-law in that behalf passed, whether such persons are all interested in the same piece of property or some or one in a part thereof, and some or one in another part thereof, and in case the by-law or any subsequent by-law provides that the claims of all should in the opinion of the Council be disposed of by one award, such persons shall have one calendar month instead of seven days to agree upon and give notice of an arbitrator jointly appointed in their behalf before the County Court Judge shall have power to name an arbitrator for them. (A) 11. Every arbitrator, before proceeding to try the matter of Arbitrators the arbitration, shall take and subscribe the following oath (or to in case of those who by law affirm, make and subscribe the following affirmation) before any Justice of the Peace, (i) "I, A. B., do swear (or affirm) that I will well and truly Form, try the matters referred to me by the parties, and a true and impartial award make in the premises, according to the evi- dence. So help me God." Which Oath or affirmation shall be filed with the papers of the reference; be signed by the head, &c., and by the Clerk of the Corporation. (Sec. 188.) The use of the corporate seal in the appointment of an arbitrator, is apparently a new requirement. (See Wilson v. the Municipal Council of the Town of Port Hope, 10 U. C. Q. B. 405.) (fl] As a rule, arbitrators to represent a Municipal Council must be appointed by that Council : the exception is when the Council by by-law deputes that power to the head of the Council. The language of this section is such, that it might be inferred that under any circumstances the head could name an arbitrator on behalf of the Council, and for this reason attention to this clause is particularly directed. (See subsecs. 4 and 5 above.) (h} Where several persons are interested (as in the opening of anew road, &c.), there may be an arbitration under this act as to each per- son interested, or, in the option of the Council, an arbitration as to all, and the claims of all be determined by one award. In the latter case, instead of seven days only allowed by subsec. 7 for the appoint- ment of an arbitrator either by an individual or by the County Judge, one month is given. (i) The oath is not only to be taken by every arbitrator, but to be taken by him " before proceeding to try the matters of the arbitration." 198 THE MUNICIPAL MANUAL. Award, to be 12. In case the award relates to property to be entered upon, certeln g cMes taken or used as mentioned in the said fourth sub-section, and must be j a ca se the by-law did not authorize or profess to aut! orize any by-law entry or use to be made of the property before an award had been tSn'time 08 *" ma( ^ e except for the purpose of survey, or in case the by-law did give 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 within six weeks after the making of the award j and if the same is not so adopted, the original By-law shall be deemed to be repealed, and the property shall stand as if no such By-law had been made, and the Corporation shall pay the costs of the arbitration; (/) Notes of the 13. In the case of any award under this Act which does duced'to be no ^ require adoption by the Council, or in case of any award taken and to which a Municipal Corporation is a party and which is to certain cases, be made in pursuance of a submission containing an agree- ment that the present sub-section of this Act should apply thereto, the arbitrator or arbitrators shall take, and immedi- ately after the making of the award shall file 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 pro- ceed partly on a view or any knowledge or skill possessed by themselves or by 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 there- to; (*) The oath besides is not only to be taken, but subscribed. When taken and subscribed, it is to be filed with the papers of the reference. (j) A Municipal Corporation has by statute certain powers in regard to roads, streets and other communications, and to drains and sewers, which powers are exerciseable by by-law. Any award made in reference thereto, is dependent on the adoption of the award by by-law within six weeks after its making ; and the original by-law is also made dependent on the passing of such second bj -law. The award is not to be binding on the Corporation unless within the time limited for the purpose it is adopted by the Council. If not so adopted, the original by-law is to be deemed repealed. In this event, the Cor- poration is to pay the costs of the arbitration. (7c) Awards other than those described in the last note do not require adoption by the Council to render them valid. When an award not requiring such adoption, or an award to which this clause is by the submission applicable, is made, the arbitrator or arbitrators are required to do what this clause directs. THE MUNICIPAL MANUAL, 199 14. 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 *stt) ^ no ^ De i n g inconsistent with any statute relating to pounds or cruelty to animals) (g-) : PROVIDING POUNDS. sufficient yards and enclosures for the safe keeping of such animals as it may be the duty of the Pound-keeper to impound. (V) ANIMALS RUNNING AT LARGE. 2. For'restraining or regulating the running at large of any animals, and providing for impounding them, and for causing them to be sojd in case they are not claimed within a reason- able time, or in case the damages, fines and expenses are not paid according to law. (s) 3. For appraising the damages to be paid by the owners of animals impounded for trespassing contrary to the laws of Upper Canada or of the municipality, (t) the court to impose conditions or do whatever right and justice demand. (o) Counties not included, and yet County Councils are authorized to appoint pound-keepers. (Sec. 242, subsec. 2.) (p) By-laws. See note v to sec. 186. () (r) Though the fence-viewers decide that the fence is not a lawful fence, if the owner neglects, within the time limited, to claim the animal, or if the fees are not paid, the animal may still be sold. (*) Such is also the penalty for the like offence imposed by sec. 3 of 20 Vic. cap. 31. t) See the 16 Vic. cap. 178. u} In terms similar to sec. 13 of 20 Vic. cap. SI. v) Much the same as the distribution directed by sec. 12 of same statute. 208 THE MUNICIPAL MANUAL. ADMINISTRATION OF JUSTICE AND MATTERS Otf POLICE. CITIES TO BE COUNTIES, AC. in what res- 33O. Every city shall be a county of itself for Municipal fbeCourf- purposes, and for such Judicial purposes as are herein specially provided for in the case of all cities, but for no other. (;) ties. JUSTICES OF THE PEACE. Heads of Reeves to be Justices of the Peace, when dis- pensed with. 34O. The Head of every Council, the Aldermen of a City, the Justices of the Peace and the Reeve of every Town, an( j the Deputy Reeve of every Township, Town and Incor- , , r .,, r * i 11 /* i -r * porated village, snail ex officw be Justices of the Peace for the whole County or union of Counties in which their respec- tive Municipalities lie, (x) and shall not be disqualified by being an Attorney, Solicitor or Coroner, (y) 341. Justices of the Peace for any town, (z) shall have Councillors the same property qualification and take the same oaths as other Justices of the Peace, (a) but no^Warden, Mayor, Re- (>) Towns separated under sec 26, would in some measure partake of the character as cities Cities, though forming parts of the counties in which situate, in point of territorial division do not do so for municipal purposes, nor for the purposes of representation in the Legislative Assembly. (See 14 & 15 Vic. cap. 5, and 16 Vic. cap. 152.) Towns not separated under sec. 26 and incorporated villages, though separate municipalities like townships, form territorially por- tions of the counties in which situate, as well as for some municipal purposes, so far as the jurisdiction of the County Councils extend ; and also for judicial purposes. So cities with regard to the Assizes, the jurisdiction of the Superior Courts, and in some respects of the County Courts, form portions of the counties in which situate (but see sec. 368), but not as regards the Quarter Sessions; which Courts, though empowered to hold their cessions in the cities, possess no jurisdiction therein. (x) This section illustrates the remarks made in the last note. It confers jurisdiction upon City Magistrates, &c., co-equal to the whole county or union of counties in which their respective municipalities are situate; but County Magistrates are deprived of jurisdiction in cities. (Sec. 343.) (y) As are such persons from being justices by commission. (See 6 Vic. cap. 3, sees. 2 and 16.) (z) The Crown may appoint Justices of the Peace for a town (sec. 344) ; and it does not appear that Justices so appointed would have any jurisdiction beyond the limits of the town. (Ib.) (a) A Justice of the Peace, not being ex offitio such, is required to have in his actual possession, to and for his own use and benefit, real estate, either in free and common soccage, &c., for life, or lease for one or more lives, or originally created for a term not less than 21 THE MUNICIPAL MANUAL. 209 / corder, Police Magistrate, Alderman, Reeve, or Deputy Reeve, after taking the oaths or *making the declarations as such shall require to have any property qualification or to take any further oath to enable him to act as a Justice of the Peace. (&) 342. When a Town has been erected into a City, (c) and the Council of the City duly organized, (d) every Com- mission of the Peace theretofore issued for the Town, shall Cease, (e) cease. 343. Justices of the Peace for a County in which a JJJJJ^ gto City lies shall as such have no jurisdiction over offences com- have no mitted in the City, and the warrants of County Justices shall S"^^^ require to be endorsed before being executed in a City in the Quarter Ses- same manner as required by law when to be executed in a separate County. (/) But the general and adjourned Quar- ter Sessions of the Peace for the County may be held and the jurisdiction thereof exercised within the City. (#) 344. Nothing herein contained shall limit the power of vernor the Governor to appoint under the Great Seal of the Province any number of Justices of the Peace for a Town, (7i) or shall years, or by usufructory possession for his life in lands, &c., in the Province, of or above the value of 300, over and above incum- brances, and over and above all rents and charges payable out of and affecting the same. (6 Vic. cap. 3, sec. 3.) The oath of qualification is in substance the same, and the form of it is given in sec. 3 of 6 Vic. cap. 3. (6) See sec. 175 et seq. (c) Which may be done pursuant to sec. 15. (d) See sec. 115. (e) A power to issue a commission appointing Justices for a city, though not expressly recognized as in the case of towns (sec. 344), seems to be implied. At all events, the Mayor and Aldermen of a city are ex officio Justices of the Peace for such city. (Sec. 340, and sec. 344 note A.) (/) *For the purposes specified in this section, every city is a county in itself. (Sec. 339.) (g) The jurisdiction may be exercised " within" but not over the city. Courts of Quarter Sessions may sit, issue process, try causes, and transact all other business within a city, but they have no autho- rity to try offences committed in the city. In cities, the Recorder's Courts are substitutes for Quarter Sessions. (Sec. 348.) (h) The common law has ever had a special regard for the con- servation of the peace ; for peace is the very end and foundation of civil law. The Queen is by her office and dignity royal the principal conservator of the peace within all her dominions, and may by prero- gative give authority to any other to see the peace kept, and punish 210 THE MUNICIPAL MANUAL. Jurisdiction of County Justices in Towns. Mayor may oall out Powers of Councils to administer aths. interfere with the jurisdiction of Justices of the Peace for the County in which a Town is situate over offences committed in the Town except only so far as respects offences against the By-laws of the Town and penalties for refusal to accept or be sworn into office (i) in the Town as to which jurisdiction shall be exercised exclusively by the Police Magistrate or Mayor or Justices of the Peace for the Town, (j) 345. The Mayor of any City or Town may call out the Posse to enforce the law within his Municipality, should exigencies require it, but only under the same circumstances in which the Sheriff of a County may now by law do so. (&) 346. The Head of every Council, or in his absence the Chairman thereof, may administer an oath or affirmation to any person concerning any account or other matter submitted to the Council. (7) those who break it. She is also the fountain of justice, and in right of bth these prerogatives has from a very early period exer- cised the power of appointing Justices of the Peace by commission. (Lamb, 35, 43.) (i) Instead of "sworn," the expression should be "make the de- claration of office and of qualification," or shortly " to accept or make the declaration of office, &c." (See sec. 175 et seq.} (/) County Justices retain a general jurisdiction over towns situ- ated within their county or union of counties, subject to the special exceptions stated in this section. (k) " Posse Comitatus" or power of the county, according to Lam- bard, includes the aid of and attendance of every person above the age of fifteen, within the county. Persons able to travel are required to be assistant in this service. It is used where a riot is committed, a possession is kept on a forcible entry, or any force or rescue made, contrary to the Queen's writ or in opposition to the execution of jus- tice. The power is usually summoned by the Sheriff. But with respect to writs that issue in the first instance to arrest in civil suits, the Sheriff is not bound to take the posse to assist him in the execu- tion of them, though he may do so if he pleases, on forcible resistance to the execution of the process. Sheriffs, &c., are to be assisting Justices of the Peace in suppressing riots, &c., and raise the posse by charging any number of men to attend for that purpose, wtio may take with them such weapons as shall be necessary, and they may justify the beating and even killing such rioters as resist or refuse to surrender ; and persons refusing to assist in the posse may be fined and imprisoned. It is lawful for a peace officer to assemble a com- petent number of people and sufficient power to suppress rebels, rioters, &c., but there must be great caution, lest under a pretence of keeping the peace, the peace officer cause a breach of it; and'sheriffs, &c., are punishable for using heedless violence, or alarming the country in these cases, without just ground. (See Tomlin. Law Dig. "Posse Comitatus;" Watson's Office of Sheriff, 2 Edin. 2, 73, 193.) (Z) Such is also the substance of the provision contained in sec. 181 of this act. THE MUNICIPAL MANUAL. 211 POLICE OFFICE. 347* The Council of every Town and City shall estab- !ish therein a Police Office ; and the Police Magistrate, or in -rUns 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 of the Peace ; and any Justice of the Peace having jurisdic- tion in a Town. may, at the request of the Mayor thereof, act in his stead at the Police Office ; (m) but, except in cases of urgent necessity, no attendance is required on Sunday, Christ- mas Day, or Good Friday, or any day appointed by Procla- mation for a Public Fast or Thanksgiving, (n) RECORDER'S COURTS AND POLICE MAGISTRATES. RECORDER'S COURT. , 348. There shall be in every City a Court of Record to Recorder's be called the Recorder's Court of the City ; and therein the cities. 111 Recorder alone, or assisted by one or more of the Aldermen, shall preside ; or in the absence of the Recorder, or when there is no Recorder, the Mayor (and in his absence, one of the Aldermen elected by themselves), assisted by one or more Aldermen, shall preside ; (o) and the Court shall, as to crimes jurisdiction and offences committed in the City, and as to matters of civil of - concern therein, have the same jurisdiction and powers and use the like process and proceedings as Courts of Quarter Sessions of the Peace in Counties, (p ) (m) The establishment of a Police Office appears to be obligatory, but the appointment of a Police Magistrate is otherwise. (Sec. 352.) (n) The urgency of each case, as to whether it amounts to a neces- sity or not, must in the first instance be determined by the Police Magistrate, &c. (o) This section dispenses with the necessary attendance of an Alderman, hitherto required, to form a Recorder's Court. The Re- corder or Mayor is authorized to act alone ; but in their absence, the presence of two Aldermen is required, viz., one elected by the Alder- men and one or more of the remaining Aldermen. (p) There are three different kinds of Sessions holden by Justices of the Peace : 1. General Sessions, which may be holden at any time of the year, for the general execution of the authority of Justices. 2. The General Quarter Sessions, which are holden at stated times in the four quarters of the year, as appointed by statute 20 Vic. cap. 58, sec. 16. 3. A special or Petty Sessions, which is holden on any special occasion, for the execution of some particular branch of the authority of the Justice. (See 2 Hawk. P. C. cap. 8, sec. 47.) The second, or " Court of Quarter Sessions of the Peace," is the one men- tioned in this section. Its jurisdiction, by statute 34 Edw. 3, cap. 1, 212 THE MUNICIPAL MANUAL. RECORDERS AND POLICE MAGISTRATES. quSSion 349* The Recorder shall be a barrister of Upper Canada, of. of not less than five years' standing, (q) SJdeT fKe ~ *5O. Every Recorder shall receive a salary of not less- than two hundred and fifty pounds (r), and his salary shall be defrayed from and out of the fee fund from which the salaries of County Judges are defrayed, (s) salary of 351. Every Police Magistrate shall receive a salary of trate. 6 Iaglfr not less than one hundred pounds per annum, to be fixed by 7 and to be paid quarterly by the Council. (*) whenRecpr- 3>3. A Recorder or a Police Magistrate shall not in the Magistrate 06 first instance be appointed for any municipality, until the appointed Council thereof communicates to the Governor its opinion that such an officer is required, (w) extends to the trying and determining all felonies and trespasses whatsoever, though they seldom if ever try any capital offences ; their commissions providing that if any case of difficulty arises, they shall not proceed to judgment but in the presence of one of the judges of the Court of Queen's Bench or Common Pleas, or one of the judges of Assize. And therefore murders and other capital offences are usually remitted for a more solemn trial to the assizes. The Quarter Sessions have cognizance of all offences which tend to a breach of the peace, except forgery and perjury. (The King v. Hig- gins, 2 East. 18.) The general words in the commission of the peace, " including all trespasses," comprehend not only direct breaches of the peace, but also all such offences as have a tendency thereto. And on this ground conspiracies and libels, or any illegal solicitations, attempts or endeavours to commit crimes, have been holden to be cognizable by Quarter Sessions. (The King v. Higgins, 2 East. 23 ; The King v. Summers, 3 Salk. 194 ; The King v. Retpal, 3 Burr. 1320.) They cannot take cognizance of forgery as a cheat, but over other cheats in general their jurisdiction is undoubted. {The King v. Gibbs, 1 East. 173.) The sessions cannot try any newly created offence, without express power given them by the statute which creates it. (Roop v. Scritch, 4 Mod. 379 ; The Queen v. Yarrington, 1 Salk. 406.) See further, as to the jurisdiction of Quarter Sessions generally, Archbold's Sessions' Practice, p. 1, et seq., and Prov. Stat. 7 Win. IV. cap. 4. (q) Barristers of Lower Canada may become barristers of Upper Canada (13 & 14 Vic. cap. 26) ; so barristers of her Majesty's courts in England, Scotland or Ireland, &c. (20 Vic. cap. 63, sec. 5). (r) The minimum, though not the maximum salary, it will be observed, is here given. (s) See 8 Vic. cap. 13, sec. 61 ; 13 & 14 Vic. cap. 53, sees. 12, 13, 15, 110; 16 Vic. cap. 163, sec. 4; and 20 Vic. cap. 59, sec. 15. (t) The Court of Common Pleas has decided that a Police Magis- trate may maintain an action of debt lor his salary against the Muni- cipal Corporation. ( Wilkes v. the Town Council of Brantford, 3 U. C. C. P. 470.) THE MUNICIPAL MANUAL. 213 353. Every Recorder and Police Magistrate shall be appointed by tfce Crown, and shall hold office during the plea- theCrown. sure of the Crown (v), and shall ex officio be a Justice of the Peace for the city or town for which he holds office, as well as for the county in which the city or town is situate, (to) THE CLERK. 354. The Clerk of the Council of every City or Town, cler k M -Re- or such other person as the Council of the City or Town may gjjf'and appoint for that purpose, shall be the Clerk of the Police poSce Office. Office, thereof, and perform the same duties and receive the same emoluments as Clerks of Justices of the Peace, and the City Clerk, or such other person as the Council of the City may appoint for that purpose, shall also be Clerk of the Re- corder's Court, and shall perform the same duties and receive the same emoluments as Clerks of the Peace ; and in case the said Clerk or other person is paid by a fixed salary, the said emoluments shall be paid by him to the municipality, and form part of its funds, (x) SESSIONS OF RECORDER'S COURT. 355. The Recorder's Court shall hold four sessions in sessions oi every year, and such sessions shall commence on the second Monday in January, and on the first Monday in the months of April, July and November (y) (M) The power to appoint a Recorder, or a Police Magistrate, rests with the Executive (sec. 353), but is not to be exercised until invoked by the Municipal Council of the municipality that requires the appointment. (v) Words authorizing the appointment of any public officer or functionary, &c., are construed to include the power of removing him, re-appointing him, or appointing another in his stead, in the discre- tion of the authority in whom the power of appointment is vested. (12 Vic. cap. 10, sec. 5, subsec. 22.) (w) It is not stated that any property qualification is requisite, and it is presumed that none is necessary. (See sec. 341, as to ex officio Justices of the Peace.) (x) The appointment of Police Clerks and Clerks of Recorder's Courts rests with the Municipal Councils. The Clerk of each Council is to act ex officio in the absence of any other appointment. Whether he acts ex officio or is appointed to act, if in receipt of a fixed salary as Clerk of the Council, the fees appertaining to his office as Clerk, either of the Police or Recorder's Court, are to be paid by him to the Municipality and form part of its funds. (y) Though the Recorder's Court has, as to crimes and offences committed in the city, &c., the same jurisdiction and powers, and uses the like process and proceedings as Courts of Quarter Sessions (sec. 348), the days for the sittings or sessions differ. For Quarter Sessions the days are the second Tuesday in the months of March, June, September and December. (20 Vic. cap. 58, sec. 16.) 214 THE MUNICIPAL MANUAL. Jurora. 356. The panels of grand jurors shall consist of twenty- four persons, and the panels of the petit jurors of not less than thirty-six nor more than sixty persons ; and all such persons shall be residents of the city (z), selected to serve as jurors under the laws relating to jurors, (a) 357. The High Bailiff of a city, not made a separate county for all purposes (i), shall ballot for and summon the jurors under a precept signed by the Recorder, or by the Mayor, or the alderman elected to act in the Recorder's place, in the manner appointed by the laws relating to jurors, (c) - 358. On the acquittal of any person tried for misdemea- tedof misde- nor in a Recorder's Court (d\ the presiding officer (e) shall, jf ^ e cour t j g sa ti 8 fied that there was reasonable and probable cause for the prosecution, order the costs thereof to be taxed by the Clerk and to be paid out of the city funds. (/) EXPENSES OF RECORDER'S COURT. Expenses of 3>9. The expenses of the administration of justice in criminal cases in the Recorder's Court, shall be defrayed out O f the Consolidated Revenue Fund, in like manner and to the like extent as the expenses attending the administration of justice in criminal cases in the several Courts of Quarter Ses- sions in Upper Canada, (g) INVESTIGATIONS BY RECORDER UNDER RESOLUTION OF CITY COUNCIL. recorder's paid. investiga- Recorder of >asance. 36O. In case the Council of any City at any time passes a resolution (Ji) requesting the Recorder of the City to inves- tigate any matter to be mentioned in the resolution and re j a ^ n g t a supposed malfeasance, breach of trust or other misconduct on the part of any member of the Council or Officer of the Corporation, or of any person having a contract (z) As to who are residents, see note r to sec. 75. (a) See the new Jury Act, 22 Vic. cap. 100. (6) No city has yet been made a separate county for all purposes. (c) See 22 Vic. cap. 100, sec. 85 et seq., and sec. 91 et seg. (d) As to misdemeanor, see note r to sec. 55. () See sec. 348. (/) As to costs of prosecution at Quarter Sessions under like cir- cumstances, see stat. 47 Geo. III. cap. 11, sec. 2; and 20 Vic. cap. 59, sec. 7. (g] See stat. 47 Geo. III. cap. 11 ; 8 Vic. cap. 38; 9 Vic. cap. 58; and 20 Vic. cap. 59, sec. 7. (h) Resolution. See note v to sec. 185. THE MUNICIPAL MANUAL. 215 therewith, in relation to the duties or obligations of the Mem- ber, Officer, or other person, to the City, (?') or in case the- Council of any City sees fit to cause inquiry to be made into or concerning any matter connected with the good govern- ment of the City, or the conduct of any part of the public business thereof, (j ) and if the Council at any time passes a resolution requesting the Recorder of the City to make the inquiry, the Recorder shall inquire into the same, (&) and shall for that purpose have all the powers of Commissioners TO have under the Act, intituled, An Act to empower Commissioners for inquiring into matters connected with the public business to take evidence on oath ; (I) And the Recorder shall, with all convenient speed, report to the Council the result of the inquiry and the evidence taken thereon, (m) CITY DIVISION COURT. 51411. The Governor may, by Letters Patent under the Great Seal, appoint the Recorder to preside over and hold the Division Court of that Division of the County which includes Recorder, the city ; (n) and in such case, as long as the Letters Patent (i) So far the investigation authorized is to be one relating to a " supposed breach of trust or other misconduct, &c." The section extends to all members of the Council, as well as officers of the Muni- cipality, and to all persons having contracts with the Council. The object of the enactment is manifestly to facilitate the detection and correction of abuses. (j) The design of this part of the section is to embrace cases not falling within the preceding. (k) It is enacted that if the Council at any time passes a resolution requesting the Recorder to make the inquiry, he shall inquire into the same. The duty is apparently an imperative one. (Z) Commissioners so appointed have the power of summoning be- fore them any party or witnesses, and of requiring them to give evidence on oath, orally or in writing (or on solemn affirmation, if they are parties entitled to affirm in civil matters), and to produce such documents and things as such Commissioners think requisite to the full investigation of the matters into which they are appointed to examine ; and the Commissioners have the same power to enforce the attendance of such witnesses, and to compel them to give evi- dence, as is vested in any court of law in civil cases. (9 Vic. cap. 38, sec. 1.) (m) The Recorder is not only to report to the Council the result of the inquiry, but the evidence taken thereunder, so that the Council may thereupon arrive at some conclusion. (n) The number of Division Courts in each county or union of coun- ties is not to be less than three nor more than twelve, of which one Division Court is to be held in each city and county town. (13 & 14 Vic. cap. 53, sec. 3.) Justices of the Peace in General Quarter Ses- 216 THE MUNICIPAL MANUAL. remain unrevoked, (o) the Recorder shall have the powers and privileges and perform the duties otherwise belonging to the County Court Judge as Judge of the Division Court, and during such period the authority and duties of the County Judge or Judge of such Division Court shall cease, (p) ex- cept as in this Act provided. () The Judge of the County Court of the county in which the division presided over by the Recorder is situate, may officiate for the Recorder in either of three events ; first, the illness of the Recorder ; secondly, absence by leave of the Governor ; and thirdly, unavoidable absence. (w) He may appoint any barrister, no matter of how few years standing at the bar. The Governor may annul any such appoint- ment, and may appoint another barrister to act for the Recorder. (Sec. 366.) (x) That is, no appointment by the Recorder under this section shall be of longer duration than one calendar month, unless renewed in the form directed. (See sec. 365.) 218 THE MUNICIPAL MANUAL. another* 6 Competency shall transmit the third to the Provincial Secretary for the information of the Governor, The Governor may, by an instrument under his Privy Seal, annul any such appointment; and may, if he ^inks &, bj the same instrument or any other instrument under his Privy Seal, appoint another Barrister of Upper Canada to act for the Recorder in the place of the Barrister appointed by the Recorder, (z) JURORS AND WITNESSES. COMPETENCY. 867. In any prosecution, suit, action or proceeding to a Municipal Corporation is a party, no Member, Officer or servant of the Corporation shall, on account of his being such, be an incompetent witness, (a) or be liable to challenge as a juror. (6) (y) Provision is in this section made, as well for the form of the instrument as for the disposal of it when executed. It must contain a recital of the cause which renders the appointment necessary, and must be executed in triplicate. It need not of necessity be under seal. When executed in triplicate, the copies are to be disposed of as follows : one copy to be filed in the office of the Clerk of the Division Court ; the second to be delivered to the person named therein ; and the third to be transmitted to the Provincial Secretary, for the infor- mation of the Governor General. (z) See note w to sec. 364. (a) Although in the ordinary affairs of life temptations to practise deceit and falsehood may be comparatively few, and therefore men may in general be disposed to rely on the statements of each other, yet in judicial investigations the motives to pervert the truth and to perpetrate falsehood and fraud are so greatly multiplied, that if mis- staternents were believed in courts of justice with the same undiscri- minating credulity as in private life, much wrong would be unques- tionably done. The danger of injustice arising from this cause, which doubtless should induce both judges and juries to watch with cautious suspicion the evidence laid before them, especially when it comes from an interested or polluted source, has till recently been thought to justify the observance of a distinction between competent and incompetent witnesses; and with a view of rendering the evil as inoperative as possible, it was long deemed expedient that the testi- mony of some particular classes of persons should be uniformly ex- cluded (2 Taylor on Evidence, 2 Edn. 1040.) ; but of late, the rule both in England and in Upper Canada has been much relaxed. (See Prov. Stat. 16 Vic. cap. 19.) And still a distinction is to be observed between the competency and the credibility of a witness. This section makes competent in any prosecution, &c., in which a municipal cor- poration is a party, any member, officer or servant of the corporation. The question of competency is, whenever it arises, one to be deter- mined by the court. (Bartlett v. Smith, 11 M. & W. 486.) (b) To challenge a juror is to take exception to his right to sit, THE MUNICIPAL MANUAL. 219 EXEMPTIONS. 368. The inhabitants of a City, not a separate County Exemptions for all purposes, (c) shall be exempt from serving on juries at any other than the City Courts and Courts of Assize and Nisi Prius, Oyer and Terrniner and General Gaol Delivery for the County in which the City is situate, and on trials at Bar be- fore the Superior Courts of Common Law. (d) HIGH BAILIFF AND CONSTABLES. 369. Until the organization of the Board of Police here- Bailiffs and inafter mentioned, the Council of every City shall appoint Constables. annually a High Bailiff, but may provide by By-law that the offices of High Bailiff and Chief Constable shall be held by the same person, (e) 370. Until such organization, the Council of the City chief Con- or Town shall appoint one Chief Constable for the Municipal- stable - ity, and one or more Constables for each Ward, and the per- sons so appointed shall hold office during the pleasure of the Council. (/) 371. Tn case any person complains to a Chief of Police, Arrests by or to a Constable or Bailiff in a Town or City, of a breach of constables the Peace having been committed, and in case such officer breoche?of has reason to believe that a breach of the Peace has been com- mitted, though not in his presence, and that there is good view) when reason to apprehend that the arrest of the person charged with 8anctioned - committing the same is necessary to prevent his escape or to prevent a renewal of the breach of the Peace, or to prevent immediate violence to person or property, then if the person complaining gives satisfactory security to the officer that he will without delay appear and prosecute the charge before the Police Magistrate or before the Mayor or Sitting Justice, such officer may, without warrant, arrest the person charged in order to his being conveyed as soon as conveniently may be either from want of qualification or on account of interest, &c. (See the new Jury Act, 22 Vic. cap. 100, sec. 96 tt seq.) (c) No city in Upper Canada is yet a separate county for all pur- poses. (d) To make 'the exemptions complete, some reference should have been made to the Court of Chancery, for that Court is now empowered to direct issues to be tried by a jury. (20 Vic. cap. 56, s. 13.) (e) The Board of Police clauses come into operation on the 1st December, 1858, when this and sees. 370, 372 and 373 will cease. (See sec. 374.) (/) See last note. 220 THE MUNICIPAL MANUAL. Until a Board of Po- lice is organ- ized, Mayor, &c., may suspend Chief Con- stable, &c., from office. Salary to be withheld during sus- pension. before the Magistrate, Mayor or Justice, to be dealt with ac- cording to Law. (#) 372. Until the organization of a Board of Police, every Mayor, Recorder and Police Magistrate may, within his juris- diction, suspend from office for any period in his discretion, the Chief Constable or Constable of the town or city, and may if he chooses appoint some other person to the office during such period; and in case he considers the suspended officer deserving of dismissal, he shall, immediately after suspending him, report the case to the Council, and the Council may dis- miss such officer, or may direct him to be restored to his office after the period of his suspension expires ; and the Recorder and City Council respectively shall have the like powers as to the High Bailiff of a city. (A) 373. During the suspension of such officer, he shall not be capable of acting in his office, except by the written permis- sion of the Mayor, Recorder or Police Magistrate who sus- pended him, nor during such suspension shall be entitled to any salary or remuneration, (i) BOARD OF POLICE. OF WHOM COMPOSED. Hoard of 374:. In every city there is hereby constituted a Board whom com- ^' Commissioners of Police, and such Board shall consist of posed. the Mayor, Recorder and Police Magistrate, and if there is no [g] The object of this section is to remove doubts as to the autho- rity of the peace officers named to make arrests without warrant for misdemeanors not committed within their view. Great caution must, however, be exercised in making arrests under such circumstances. A magistrate's warrant is a great shield. Where an arrest is made without it, if it should turn out that the provisions of this section have been neglected, that the wrong person is arrested, or that proof is so slight that he is of necessity discharged, the officer might be held liable to an action for false imprisonment, which he would not be if shielded by a magistrate's warrant. (4 U. C. Law Jour. p. 159.) To authorize an arrest without warrant, under this section, the following things must concur : 1. There must be a complaint to the officer of a breach of the peace having been committed. 2. The officer must have reason to believe that a breach of the peace has been commitied. And, 3. That there is good reason to apprehend that the arrest of the person charged is necessary to prevent his escape, or to pre- vent a renewal of the breach of the peace, &c. 4. Satisfactory security to prosecute is to be given by the party complaining. (A) See note e to sec. 369. (i) See same note. THE MUNICIPAL MANUAL. 221 Recorder or Police Magistrate, or if the offices of Recorder and Police Magistrate are filled by the same person, the Coun- cil of the city shall appoint a person resident therein to be a member of the Board, or two persons so resident to be mem- bers thereof, as the case may require. (/) QUORUM. 37J. A majority of the Board shall constitute a quorum, A majority and the acts of a majority shall be considered acts of the l q uorum Ute Board. (&) NUMBER OF THE POLICE FORCE. 37G. The Police Force shall consist of a Chief Consta- Number of ble and as many constables and other officers and assistants, mine) COURT HOUSES AND PRISONS. GAOLS AND COURT HOUSES. County 3 8 It Every County Council may pass By-laws for erect- p!S n By-wB * n &> improving and repairing a Court House, Gaol, House of tor building. Correction, and House of Industry, upon land being the pro- perty of the Municipality, and shall preserve and keep the the same in repair, and provide the food, fuel and other sup- plies required for the same, (q) retained, the words " as they may deem expedient" should follow the word "regulations." Then the section would read "The Board shall from time to time make such regulations as they may deem expedient, for the government," &c. No such regulations are to be inconsistent with this statute, or the law of the land. (See note x. to sec. 187,) (o) To explain the powers, privileges and duties of a Constable, would require more space than is here at the disposal of the Editor. He hopes at an early day to write and publish a treatise on the sub- ject, founded on a Charge to the Grand Jury of the County of Simcoe, at the April sessions of 1852, by his Honor Judge Gowan. . (p) The duties mentioned in this section are imposed upon the City Council, and not upon the Board. These duties are : 1. To fix a reasonable remuneration for the members of the force. 2. To pay the same. 3. To provide for all such offices, watch-houses, watch-boxes, arms, accoutrements, clothing and necessaries, as the Board may from time to time deem requisite. 4. To pay for the same. (q) The powers and the duties of the County Council under this section are : THE MUNICIPAL MANUAL. . The Gaol, Court House and House of Correction Gaols and of the* County in which a Town or City, not separated for all g&fJS?* purposes from a County, (r) is situate shall also be the Gaol, * s aml Court House and House of Correction of the Town or City j C iti eS ; when. and shall in the case of such a City continue to be so until the Council of the City otherwise directs ; (s) and the Sheriff, Gaoler and Keeper of the Gaol and House of Correction shall receive and safely keep until duly discharged, all persons com- mitted thereto by any competent authority of the Town or City. (0 383. While a City or Town uses the Court House, Gaol g ^^ or House of Correction of the County, the City or Town shall be regulated pay to the County such compensation therefor, and for the and made> care and maintenance of prisoners, as may be mutually agreed upon or be settled by arbitration under this Act. (u~) 1. To erect and improve a Court House, Gaol, House of Correction, and House of Industry, upon land being the property of the Municipality. 2. To preserve and keep the same in repair. 3. To provide the food, fuel, and other supplies required for the same. (r) No city or town is yet separated for all purposes from the county in which situate. (s) It is declared, first, that the gaol, &c., of the county in which a town or city is situate, shall also be the gaol, &c., of the town or city ; and, secondly, in the case of a city, continue to be so until the Council of the city otherwise directs. It is apparently only the Coun- cil of a city, and not of a town, that has power to direct the erection of a separate gaol, &c. (0 For instance, Police Magistrate or Justice of the Peace of such town or city. (w) Arbitrators were appointed by articles of agreement, dated 28th December, 1855, to settle certain differences recited as pending between the city of London and the county of Middlesex, respecting the compensation to be paid by the city to the county for the use of county Court-house and gaol, and concerning certain financial matters then depending between the respective municipalities. On the same day they awarded, first, that the stock held by the county in a certain railway should be divided in the proportion of one-fifth to be transferred to the city, the remaining four-fifths still to belong to the county ; secondly, that the city should pay the county 2,675 on account of the county roads, and should keep such roads in repair within the city limits; thirdly, that the city should pay the county 1,966 in full of its portion of the county debt ; fourthly, that in future each of the municipalities should pay the expenses of all prisoners committed to the county gaol by each of them respectively, and that the portion of such expense incurred by the city should be paid over by them in January of each year ; fifthly, that in future the city should pay to the county one-third of all incidental expenses connected with the Court- 224 THE MUNICIPAL MANUAL. When the amount may be revised. City Coun- cils may erect court house, gaol, house of cor- rection and house of in- dustry. Upon sepa- ration, gaol and court house regu- lations to continue. 384. In case after the lapse of five years from such com- pensation having been so agreed upon, or awarded, or having been settled by Act of Parliament, and whether before or after the passing of this Act, it appears reasonable to the Gov- ernor in Council, upon the application of either party, that the amount of the compensation should be reconsidered, he may, by an Order in Council, direct that the then existing ar- rangement shall cease after a time named in the order, and after such time the Councils shall settle anew, by agreement or by arbitration under this Act, the amount to be paid from the time so named in the Order (;) 385. The Council of every City may erect, preserve, improve and provide for the proper keeping of a Court House, Gaol, House of Correction and House of Industry upon lands being the property of the Municipality, and may pass By-laws for all or any of such purposes , (?0) 38O* In case of a separation of a Union of Counties, all rules and regulations, and all matters and things in any Act of Parliament for the regulation of or relating to Court Houses or Gaols in force at the time of the separation, shall extend to the Court House and Gaol of the Junior County, (x) house and gaol, including repairs and insurance, together with one- third of all expenses connected with the administration of justice not paid by Government, such payment to be made in the month of January in each year; sixthly, that the city should pay to the county the sums mentioned in the first, second and third clauses of the award, with interest, in twelve months from the 1st of January 1856, except that the City Council should pay its share of the railway stock at the time the county debentures given therefor should become payable ; seventhly, that the award should take effect on the 1st January 1855, and remain in force till the 1st January 1860. Held, that the giving to the award a retrospective eifect 1st January 1855 being the time when London was declared a city was not objectionable, but proper ; that the arbitrators had authority to give time for payment, as in the sixth clause ; that the limiting the continuance of the award till 1st January 1860, was inconsistent with the 12 Vic. cap. 81, sec. 200 (so fa,r as material the same as sec. 384 of this act), and rendered the award bad as to the fourth and fifth clauses, respecting the Court- house and gaol ; that the fourth clause of the award was also bad, because it authorized a ratable division of the expenses, instead of awarding the payment of an annual sum (sed qu. under this act) ; that the fourth and fifth clauses might be separated from the rest, and the award be set aside as to them only. (In re the matter of the Arbitration between the County of Middlesex and the City of London, 14 U. C. Q. B. 334.) (v) See preceding note. (w) This is implied by sec. 382, but to prevent doubt is expressly enacted. (x) See sec. 46. THE MUNICIPAL MANUAL* 225 LOCK-UP HOUSES. 387. The Council of every County may establish a Lock- Lock-up- up-House or Lock-up-Houses within the County, and may beeSatS establish and provide for the salary or fees to be paid to the edbj County Constable to be placed in charge of every such Lock-up-House, and may direct the payment of the salary out of the funds of the County, (y) 388. Every Lock-up-House shall be placed in the charge A Constable of a Constable specially appointed for that purpose, by the charge^. Magistrates of the County at any General Quarter Sessions of the Peace therefor. () 380. Any Justice of the Peace of the County (a) may who liable direct by warrant in writing under his hand and seal, (&) the confinement in a lock-up-house within his County, for a period not exceeding two days, of any person charged on oath with a criminal offence, whom it may be necessary to detain until examined and either dismissed or fully committed for trial to the Common Gaol, and until such person can be conveyed to such Gaol ; also the confinement in such Lock-up-House, not exceeding twenty-four hours, of any person found in a public street or highway in a state of intoxication, or any person con- victed of desecrating the Sabbath, and generally may commit to a Lock-up-House instead of the Common Gaol or other House of Correction, any person convicted on view of the Jus- tice, or summarily convicted before any Justice or Justices of the Peace of any offence cognizable by nim or them, and liable (y) A " lock-up house" is a place for tbe temporary confinement of a prisoner, or of a prisoner committed for a short space of time. (Sec. 389.) The gaol is for the whole county, but in each county or union of counties there can be only one gaol, and that situate in the county town. But there may be several lock-up houses, and situate where most convenient. Councils of counties only are by this section authorized to establish lock-up houses ; but see sec. 392. (z) While the county gaol is to be placed in charge of the gaoler, each lock-up house is to be placed in the charge of a constable speci- ally appointed for that purpose by Quarter Sessions. (a) Qu. or town ? It is apprehended that after " county" the word " towns" should have been inserted. The alteration was effected in committee. As the clause stands, it may be a question whether a Justice of a Town, not being at the same time a Justice of the County, has authority to commit to lock-up-houses pursuant to this section, (See sees. 340, 341 and 392.) (6) Warrants of Justices of the Peace are in general required to be not only under hand but under seal. (See 16 Vic. cap. 178, passim.) 226 THE MUNICIPAL MANUAL. Expense of conveying and main- taining prisoners. Previous Lock-up- houses to continue. Lock-up- houses for persons sen- tenced to short impri- sonment. to imprisonment therefor under any Statute or Municipal By- law, (c) 39O* The expense of conveying any prisoner to and keeping him in a Lock-up-House shall be defrayed in the same manner as the expense of conveying him to and keeping him in the Common Gaol of the County, ( sna11 be kept diligently employed at labour during his continuance there ; and in case any such person is idle, and does not perform such reasonable task or labour as may be assigned, or is stubborn, disobedient or disor- derly, such person shall be punished according to the rules and regulations or the Ilouse of Industry or of llefuge in that behalf, (s) inspectors to 39G. The Inspectors shall keep an account of the SmLTac- charges of erecting, keeping, upholding and maintaining the counts of ex- House of Industry or of Refuge, and of all materials found and furnished therefor, together with the names of the persons received into the house, as well as of those discharged there- from, and also of the earnings (t) ; 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 each branch of the Legislature, (u) WORK-HOUSES. * The Council of every city and town (v) may res- pectively pass by-laws : (w) Work-houses 1. For erecting and establishing within the city or town, or iwwniMind d on such Industrial Farm, or on any ground held by the Cor- ho1 rectin portion for public exhibitions (x), a Work-House or House of Correction, and for regulating the government thereof, (y) nativity, and therefore is by the law presumed never likely to attain understanding. (P. N. B. 233.) He differs from a lunatic in this r that a lunatic has lucid intervals of reason. (4 Co. 125; Co. Litt. 247.) (*) This section it is apprehended does not apply to idiots. (See last note.) (t) The duties of Inspectors are, under this section, to keep an account showing the following : 1. The charges for erecting, keeping, upholding and maintaining the house of industry and refuge, and of all materials found and furnished therefor. 2. The names of the persons received into the house, as well as those discharged therefrom, and also of the earnings. (M) It is not said when the copy is to be presented to the Legis- lature. (v) Not applicable to counties or incorporated villages. (w) By-laws. See note v to sec, 186. (x) See subsecs. 8, 9 and 10, of sec. 290. (y) The power given to County Councils is to establish, &c., " houses of industry or refuge;" and to cities and towns, "work houses or houses of eorreetiemc" THE MUNICIPAL MANUAL. 229 2. For committing or sending, with, or without hard labour, who liable to the Work-House or House of Correction, or to the Indus- itt e ed m " trial Farm, by the Mayor, Recorder, Police Magistrate, or two thereto. Justices of the Peace for the city or town respectively, such description of persons as may by the Council be deemed and by by-law be declared expedient (si) ; and such farm or ground held as aforesaid shall, for the purposes in this subsection mentioned, be deemed to be within the city or town and the jurisdiction thereof, (a) THE CARE OF GAOLS AND COURT-HOUSES, &C. 398. The Sheriff shall have the care of the County Gaol, Gaol offices and yard, a Gaoler's apartments, and the appoint- ment of the keeper's thereof. (&) 399. The County Council shall have the care of the County Court House, and of all offices and rooms connected there- appoint* with, whether the same forms a separate building or is con- keepers, Ac. nected with the Gaol, and shall have the appointment of the keepers thereof; and shall from time to time provide all necessary and proper accommodation for the Courts of Justice other than the Division Courts, and for all officers connected with such Courts, (c) (2) That is such persons as by the Council may be deemed fit objects to be so dealt with. (a) See note to subsec. 8 of sec. 290. (6) Some disputes having hitherto existed between Sheriffs and Municipal Councils, arising out of a real or supposed conflict of juris- diction as to court houses and gaols. The object of this and the three following sections is, so far as language can do so, to remove all cause of dispute. Though it is by sec. 381 enacted that the County Council may pass by-laws for erecting, improving and repairing the gaol, &c., and shall preserve and keep it in repair, and provide the fuel, food and other supplies required ; it is here enacted that the Sheriff shall have the care of the gaol, gaol offices and yard, and gaolers apai tments, and the appointment of the keepers. While upon thjp Council rests the responsibility of keeping the building, &c., in repair, and of providing the necessaries ; upon the Sheriff rests the responsibility of management and internal government. (c) While the care of the gaol is entrusted to the Sheriff, the care of the court house is entrusted to the County Council. It is however expressly declared that the Council "shall from time to time provide all necessary and proper accommodation for the Courts of Justice (other than Division Courts) and for all officers connected with such Courts" The Judge of each County C> urt is empowered to appoint the times and places within the divisions of his county when and at which courts are to be holden. (13 & 14 Vic. cap. 53, sec. 3.) 230 THE MUNICIPAL MANUAL. city gaols to 4OO. In any city not being a separate county for all pur- poses, but having a Gaol or Court House separate from the County Gaol or Court House (o?), the care of such city Gaol or Court House shall be regulated by the by-laws of the City Council, (e) FALSE DECLARATIONS. wnfui state- 4O1, The wilful making of any false statement in any declaration required or authorized by this Act, shall be a mis- demeanor, punishable as wilful and corrupt perjury. (/) INTERPRETATION CLAUSE. 4O2. Unless otherwise declared or indicated by the con- text, whenever any of the following words occur in this Act, the meanings hereinafter expressed attach to the same, name- J y : O) 1. The word "municipality" means any locality the inhabi- tants of which are incorporated under this Act, but it does not mean a police village. Interpre- tation of words. Municipa- lity. (d] Though there is not yet any city in Upper Canada separate for all purposes from the county in which situate, yet the city may have its own gaol and court house separate from those of the county (sec. 382) ; and when such is the case, this section applies. (e) By-laws. See note v to sec. 186. (/) This section, though added to the bill in committee of the House of Assembly, is quite unnecessary. It is provided by the In- terpretation Act that the word " oath" shall be construed as meaning a solemn affirmation, whenever the context is applied to any person and case by whom and in which a solemn affirmation may be made instead of an oath, &c. (12 Vic. cap. 10, sec. 5, subsec. 13) ; and that the wilful making of any false statement in any such oath or affirma- tion shall be wilful and corrupt perjury, aud that tue wilful making of any false statement in any declaration required or authorized by law shall be a misdemeanor punishable as wilful and corrupt per- jury. (Ib.) [g] No better mode of avoiding useless repetition in statutes exists than the recent one of appending to statutes of unusual length " an interpretation clause." So useful has it been found that, as appfied to statutes generally, an Act passed in 1849, intituled " An Act for putting a legislative interpretation upon certain terms in Acts of Par- liament, and for rendering it unnecessary to repeat certain provi- sions and expressions therein, and for ascertaining the date and commencement thereof, and for other purposes." (12 Vic. cap. 10.) The section here annotated must be read in connexion with the Inter- pretation Act, which contains explanations jn addition to those in this section contained. In general, throughout this work, references have been made in the proper places to clauses of the Interpretation Act, when applicable. THE MUNICIPAL MANUAL. 231 2. The word "council" means the Municipal Council, or CownciL Provisional Municipal Council, as the case may be. 3. The word " county" means County, Union of Counties County. or United Counties, or Provisional County, as the cast may be. 4. The word " township" means Township, Union of Town- Township. ships or United Townships, as the case may be. 5. The words "land," "lands," " real estate," "real pro- Land, real perty," respectively, include lands, tenements and heredita- es ments, and all rights thereto and interests therein. 6. The words "highway," "road," or "bridge," mean Highway, respectively a public highway, road or bridge. roads ' &c ' 7. The word "electors" means the persons entitled for the Electors. time being to vote at municipal elections in the Municipality, Ward, or Electoral Division, or Police Village, as the case may be. 8. The term " Reeve" includes the Deputy Reeve, when Town Reeve. there is a Deputy Reeve for the Municipality. 9. The words "next day" are not to apply to or include Sunday or statutory holydays. REPEALING CLAUSE, . From the first day of December, one thousand eight Repeal of hundred and fifty eight, the following Acts and parts of Acts are hereby repealed (h), namely : The thirty-second, thirty-third and thirty-fourth sections of 1 v. c. 21, ss the Act of Upper Canada, passed in the first year of Her Ma- ' ' jesty's Reign, chapter twenty-one, for Regulating the appoint- ment and duties of Township Officers ; (i) The Upper Canada Municipal Corporations Act of 1849. 12 v - c - 81 - The Upper Canada Municipal Corporations Law Amend- 13, uv. c. ment Act of 1850 : 74 - (h) On every act professing to repeal or interfere with the provi- sions of a former act, it is a question of construction whether it operates as a total or partial or temporary repeal. The word "re- pealed" is not to be taken in an absolute, if it appears upon the whole act to be used in a limited sense. Where several Acts of Parliament upon the same subject had been totally repealed, and others repealed in part, it was held that it must have been the clear intention of the Legislature that only the part of an act particularly pointed out should be repealed. (Harrison's C. L. P. Acts, p. 533, note i.) (i) The only section of this Act not in terms repealed by this or other Acts is sec. 35 ; but is, it is apprehended, with the exception of ithe last proviso, virtually superseded. (See sec. 338, subsecs. 1, 6, 17, IS, 19 & 20.) The proviso is hereinafter published. 232 THE MUNICIPAL MANUAL. Further ex- ception. 14 & 15 V. c. 14&15V.C. 124. 16 V. c. 35. Exception. Except so much of the Schedules in either of the two last mentioned Acts as define the limits or boundaries of any Cities or Towns, being schedule B of the Act of 1849, numbers two, three, four, six, seven, eight, nine, ten, and eleven and Sche- dule C of the same Act numbers one, two and three, and Sche- dule B of the Act of 1850, numbers one, five, twelve, thirteen, fourteen and fifteen. And excepting also so much of Schedule A of the Act of 1849, as relates to Amherstburg, and excepting also so much of the two hundred and third section of the last mentioned Act, and so much of any other sections of either of the said Acts relat- ing to any of the schedules thereof as have been acted upon or as are io force and remain to be acted upon at the time this Act takes effect, (j) The Upper Canada Municipal Corporations Law Amendment Act of 1851 ; The Act passed on the thirtieth August, one thousand eight hundred and fifty-one, to enable Municipal Corporations in Upper Canada, to contract Debts to the Crown in the purchase of Public Works without imposing a Special Rate or Tax for the payment of the same; The Act passed on the tenth November, one thousand eight hundred and fifty-two, to enable the Township of Stamford to make By-laws for the better government of that part of the said Township which lies in the immediate vicinity of the Falls of Niagara ; 16V.C.181. The Upper Canada Municipal Corporations Law Amend- ment Act of 1853 ; (&) (j) "Schedule A." of the Act of 1849, here mentioned, should be " Schedule D." The latter is mentioned in 12 Vic. cap, 81, sec. 203, but was unintentionally omitted in the schedule of the acts as passed. The omission was afterwards supplied by statute 13 & 14 Vic. cap. 64, sec. 3, sch. D. " Amherstburgh" is not mentioned in 12 Vic. cap. 81, sch. A., but in sch. D ; and it is therefore believed that the mention of sch. A. in this saving clause was inadvertent. Being a manifest mistake, it is not supposed to be of any consequence. Were there any doubt of what is meant the wording of sec. 203 of 12 Vic. cap. 81, which refers to schedule D , would remove that doubt. Moreover, the present act provides for the erection of incorporated villages, if sufficiently populous, into towns ; and Amberstburgh be- ing an incorporated village, when of the requisite populat on, may avail itself of the provision (Sec. 15.) So much of the Upper Canada Municipal Corporations Act of 1849 and of the Act of 1850 as is not repealed, is hereinafter published. The reference to the latter in the margin as being " 13 & 14 Vic. cap. 74," is erroneous. The chapter is "64," and not "74." (k) The foregoing acts being totally repealed, no further notice is taken of them in this work. THE MUNICIPAL MANUAL. 233 The fifth, sixth, seventh, eighth, ninth, tenth, eleventh, 12 v. c.78. twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeeth, Certa}n ^^ eighteenth, nineteenth, twentieth, twenty-first, twenty-second tionsof. and twenty-third sections of the Act passed on the thirtieth day of May, one thousand eight hundred and forty-nine, chap- ter seventy-eight, for abolishing the Territorial Division of Up- per Canada into Districts, and for providing for Unions of Counties for judicial and other purposes, and for* the dissolu- tion thereof; (7) The Act passed on the thirtieth day of May, one thousand 12 v. c. 79. eight hundred and forty-nine, chapter seventy-nine, to supply provisions not included in the Statutes passed in the eleventh year of Her Majesty's Reign, chapter thirty-nine, and in the twelfth year of Her Majesty's Reign, chapter seventy-eight: (m) The fifteenth section of the Act passed on the seventeenth sv. 0.20, s. day of March, one thousand eight hundred and forty-five, 15- chapter twenty, for the regulation of Line Fences and Water Courses in Upper Canada ; (n) The Act passed on the eighteenth day of May, one thousand 9 v.c. 8. eight hundred and forty-six, chapter eight, to prevent the opening of Government Allowances for Roads, without an order from the District Council ; The Act passed on the tenth day of August, one thousand is & 14 v. e, eight hundred and fifty, chapter sixty-five, to amend the Laws 65 ' relative to Tavern Licenses in Upper Canada ; The Act passed on the thirtieth day of August, one thousand u & 15 y. c . eight hundred and fifty-one, chapter one hundred and twenty, 12 - to explain and amend the last above mentioned Act ; The Act passed on the fourteenth day of June, one thousand ie v.c. 184. eight hundred and fifty-three, chapter one hundred and eighty- four, to repeal certain duties of Excise, and to vest certain powers in the Municipal authorities in Upper Canada ; The Act passed on the tenth day of August, one thousand is&uv.c. eight hundred and fifty, chapter fifteen, providing for the re- 15m pair of Roads and Bridges within the limits of Incorporated Cities and Towns ; The Act passed on the thirtieth day of May one thousand isv.c.iss, (1) The 1, 2, 3, 4, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 sections and schedules of this act are unrepealed, and as such hereinafter published. (m) See note k, p. 232. (n) The remaining sections of this act are hereinafter published. 234 THE MUNICIPAL MANUAL. eight hundred and fifty-five, chapter one hundred and thirty- three, to require By-laws of City, Town, Village or Township Councils for raising money on the credit thereof, to be approv- ed by a majority of the electors before coming into force ; I8v. c. 134. The Act passed on the same day, chapter one hundred and thirty-four, to amend the Act of the previous Session, relative to certain duties of Excise in Upper Canada ; (o) I? & s*\\ e ^^ e tQ * r( ^ ^ fc k an( * s * xt k secfc i DS of ^e Act passed on the ' ' * twenty-eighth day of July, one thousand eight hundred and forty-seven, chapter forty-one, to establish Lock-up-Houses in the unincorporated Towns and Villages of Canada West; (p) 7 w. 4, c. 24. The Act of Upper Canada passed in the seventh year of the reign of King William the Fourth, chapter twenty -four, for the erection and maintenance of Houses of Industry; u & 15 v. c. The Act passed on the thirtieth day of August, one thousand eight hundred and fifty-one, chapter one hundred and seventeen, to authorise the payment of certain expenses of the administration of Justice in the Recorder's Court in Upper Canada, out of the Consolidated Revenue Fund of the Province ; is v. c. so. The Act passed on the nineteenth day of Maj, one thousand eight hundred and fifty-five, chapter eighty, to facilitate the negotiation of Municipal Debentures ; (q) 20 v. c. e. The Act passed on the twenty-seventh of May, one thousand eight hundred and fifty-seven, chapter six, to amend the Municipal and Assessment Acts of Upper Canada, in so far as they relate to the commutation of statute labour ; 20 v. c. 67. The Act passed on the tenth of June in the same year, chap- ter sixty-seven, to amend the Municipal Law relating to Incor- poration of Villages ; 20 v. c. 68. The Act passed on the same day, chapter sixty-eight, to enable Counties, united for Municipal purposes, to carry on improvements independently of each other; aov. c. 69. The Act passed on the same day, chapter sixty-nine, to provide for the disposal of road allowances in the rural Muni- palities of Upper Canada ; 20 v. c. 70. The Act passed on the same day, chapter seventy, to amend the law relative to houses of public entertainment ; (r) (o) See note k, p. 232. (p) The remaining sections of this act were repealed by 12 Vic. cap. 80, so that none 01 it is now in force. (?) See note k, p. 232. IT) See same. THE MUNICIPAL MANUAL. 235 Also the following Acts and parts of Acts of Upper Canada : rivers Acts. Section 14 of 32 Geo. III. c. 8, () 33 Geo. III. c. 13, (/) Sections 12 and 35 of 50 Gee. III. c. 1, () 2 Geo. IV. c. 8, (V) and 4 Wm. IV. c. 18. ( 4O4:. No Act or parts of any Acts, repealed by any of Acts former- tb^e above repealed Acts shall be revived, but all such Acts ^ shall continue repealed, j(x) and nothing in this repealing repealed, clause contained shall affect any statute not herein mentioned, (#) or any proclamation by or under which cities and other Municipalities have been erected so far as respects the contin- uing of the same and the boundaries thereof. (Y) CONFIRMING AND SAVING CLAUSES. 4:0*5. The Head and Members of the Council, and the Heads, offi- Officers By-laws, Contracts, Property, Assets and Liabilities of ? c r .%cmtinu' every Municipal Corporation, and the Trustees of every Police ed Village existing whan this Act takes effect, (a) shall be deemed the Head and Members of the Council, and the Officers, By- laws, Contracts, Property, Assets and Liabilities of such Cor- (s) In this Act there are seventeen sections. The first thirteen are effete, and sec. 14 is hereby repealed; leaving sees. 15, 16 and 17 unrepealed. (t] See note k, p. 232. (u) None of this act is now unrepealed. Before the Union, several sections of it were repealed. After the Union, all of it with the ex- ception of the two sections here mentioned were repealed by 12 Vic. cap. 80. Now that these two sections are repealed, there remains no section in force. (v) There were two sessions in the second year of the reign of George the Fourth. This act was passed in the first session, and is totally repealed. (w) None of this act is now in force. (z) By the repeal of a repealing statute (the new law containing nothing in it that manifests the intention of the Legislature that the former Acts shall continue repealed) the original acts are revived ; but if an act is repealed by several acts, a repeal of one act or two, and not of all, does not revive the first act. If a repealing act and part of the original act is repealed by a subsequent act, the residue of the original act is revived. If an act of parliament is revived, all acts explanatory of that act are also revived. It is however usual, when no revival is intended, expressly to provide against the revival, as is done in the section here annotated. (Harrison's C. L. P. Acts, p. 533, note J.) (y) So that apparently there is to be no repeal by implication. (z) The material parts of most if not all of these proclamations will be found hereinafter published. (a) 1st December, 1858. (Sec. 1.) 236 THE MUNICIPAL MANUAL. Pending pro- ceedingsto continue. enactments firmed. Previous ed m the Son name. Declaration Municfaf Acts as to pos^sta labour. poration and the Trustees of such Police Village as continued under and subject to the provisions of this Act. (b) 4OO. All proceedings on behalf of or against any existing * i n A - / \ T^ i- m i- Municipal Corporation, (c) or Police Trustees pending when this Act takes effect shall be continued under this Act, in the name in which the same are then pending, (d) 4OT. All things hertofore done under the hereby repealed, are confirmed, except any matter which has been, or within one year after the passing of this Act, may be made the subject of proceedings at law or in equity, (e) 4O8. All offences, neglects, fines, penalties, moneys, debts, and other matters and things which immediately .before this Act goes into effect might have been prosecuted, punished, enforced, or recovered under the Acts or parts of Acts hereby repealed, may be prosecuted, punished, enforced, or recovered under this Act, in the same manner, within the same time, and in the same name, and by the same process and proceedings, as if the same respectively had been committed or incurred, or had accrued or become due or payable after the taking effect of this Act. (/) DECLARATORY CLAUSE. 4OO. And whereas doubts have arisen as to the power heretofore of incorporated Towns and Villages, when set apart from the Township or Townships in which the same are situ- a te> * assess and impose statute labor in the same manner as Townships have been authorized, (g) To remove such doubts (b) See sees. 2 and 3. (c) A schedule of existing municipalities, so far as can be ascer- tained, is published in the Appendix to this work. (c?) In other words, all proceedings at law, either for or against existing municipal corporations, &c., on 1st December, 1858, shall be continued under this act under the name in which pending, not- withstanding the passing of this act. (e) This is very important, and intended in a reasonable manner to prevent litigation. This act passed on 16th August, 1858. To question the validity or legality of any thing done under enactments by this act repealed, proceedings must be commenced either at law or in equity, within one year after 16th August, 1858. If not so questioned, all things are confirmed. (/) The object of this section is to provide against a failure of justice, by reason of offences, &c., committed under the old acts, not being prosecuted before they cease to operate, viz., on 1st December, 1858. The remedy is to allow all such prosecutions to proceed as if the offences, &c., were committed after 1st December, 1858. (g) See note a to subsec. 4 of sec. 318, p. 177. THE MUNICIPAL MANUAL. 237 it is declared that the several Acts of the twelfth of Victoria chapter eighty-one, thirteenth and fourteenth of Victoria chap- sixty-four, and sixteenth of Victoria chapters one hundred and eighty-one and one hundred and eighty-two, gave such and the same powers to Incorporated Towns and Villages, when set apart from the Township or Townships in which the same are situate, in respect to the assessment and imposition of statute labor, as are in and by the said Acts respectively con- ferred on Townships, (h) 41O. This Act shall apply to Upper Canada only. Canada. (h) This declaratory clause was added by the Legislative Council. Its object is sufficiently explained in its preamble. Its effect is ret- rospective. ADDITIONAL STATUTES. 32 GEO. III. CAP. 7. An Act to regulate the Toll to be taken in Mills. [Passed 15th October, 1792.] Preamble. WHEREAS it is expedient to ascertain and determine the quantity of grain to be taken by way of toll, for grinding the said grain into flour, and bolting the same: And ivhereas different customs have obtained within the several Districts of this Province : Be it, &c., That from and after the first day of January, in the year of our Lord one thousand seven hun- No greater dred an ^ ninety-three, no owner or occupier, or owners or occu P^ ers f any Mill or Mills within this Province, or any person employed by him or them, shall demand, take or receive anv q uan tity or proportion of grain brought, by him or them twelfth. to be ground and bolted, greater than one twelfth share or part, for grinding and bolting such grain. 2. And be it, &c., That any owner or occupier, or owners or occupiers of a Mill or Mills within the said Province, or any person employed by him or them, who shall demand and take, after the day and year above mentioned, any quantity or proportion of grain, greater than one twelfth share or part Penalty. of such grain as aforesaid, shall, for every such offence forfeit and pay the sum of Ten Pounds, Quebec currency; one How levied moiety thereof to his Majesty, his Heirs and Successors, for and applied, the public uses of the said Province, and the support of the Government thereof; and the other moiety of the said sum to any person who shall sue for the same in any of his Majesty's Courts of Record within this Province. THE MUNICIPAL MANUAL. 289 3.- And ivhereas much inconvenience and confusion has arisen from the custom of bringing bags of grain, without any distinguishing mark to whom the said bags of grain belong : Be it, &c., That no owner or occupier of any Mill shall be Bags must bound to receive, or be chargeable with the loss of any bag l) marked - or bags of grain or flour, unless the same be marked with the initial letters of the Christian and Surname of the owner of the said grain, or with some mark distinguishing the said bag or bags, which mark of distinction shall be previously com- municated and made known to the said owner or occupier, or his servant usually attending the said Mill. 32 GEO. III. CAP. 8. An Act for Building a Gaol and Court House in every Dis- trict within this Province , and for altering the Names of the said Districts. [pas8ed 15th Oc tober,1792.] 1>. Provided always. That no license shall be granted for NO license to retailing any spirituous liquors within any of the said Gaols f, e r or Prisons ; and if any Gaoler, keeper or Officer, of any Gaol or Prison, shall sell, lend, use or give away, or knowingly permit or puffer any spirituous liquors or strong waters to be GaolSt sold, used, lent or given away, in such Gaol or Prison, or brought into the same, other than except such spirituous See 3 vie. liquors or strong waters as shall be prescribed or given by the cap ' 14< prescription and direction of a regular Physician, Surgeon or Apothecary; every such Gaoler, keeper or other Officer, Penalty on shall, for every such offence, forfeit and lose the sum of G r ansg?es- Twenty Pounds, Current money of this Province, one moiety ng in this thereof to his Majesty, his Heirs and Successors, for the respec public uses of the said Province, and the support of the Government thereof, and the other moiety of the said sum, with full costs of suit, to such person or persons as will sue for the same in any of his Majesty's Courts of Record in this Province, by action of debt, bill, plaint or information ; and Penalty for in case any such Gaoler or other Officer being convicted there of as aforesaid, shall again offend in like manner, and be thereof a second time lawfully convicted, such second offence shall be deemed a forfeiture of his office 17. And be it, &c., That it shall and may be lawful for the said Justices, within the respective limits of their Com- missions, assembled as aforesaid, or the greater part of them, Droved by and they are hereby authorised and empowered to ascertain a judge, and appoint a reasonable yearly salary, according to their In^ discretion, to be paid to the Gaoler, and that the said salary 240 THE MUNICIPAL MANUAL. ^e i Vic e * n P^ ace f a ^ ^ ees > Perquisites or impositions of any p. 5, ll'c. 6. sort or kind whatever ; and that it shall not be lawful for the said Gaoler, or any officer belonging to the said Gaol, to demand or receive any fee, perquisite or other payment from any Prisoner who may be confined within any of the said Gaols or Prisons, 39 GEO. III. CAP. 3. An Act to provide for the Education and Support of Orphan Children. [Passed 29th June, 1799.] WHEREAS it is expedient to provide for the education and support of orphan children, or children who may be deserted by their parents; Be it, &c., That when the father and mother of any infant child shall die, or shall abandon their infant child or children, it shall and may be lawful for the Town Wardens of any Township where such child or children shall be, by and with the approbation and consent of two of his Majesty's Justices of the Peace, to bind the said child or children as apprentices, until he, she or they, shall have attained the age of twenty-one years in the case of males, and eighteen in the case of females ; and an indenture to this effect, under their hands and seals, and countersigned by two Justices of the Peace, shall be good and valid in law. . And be it, &c.j That when the father of any infant or children shall abandon and leave such infant child or ther, when children with the mother, it shall and may be lawful for the mother in such case, by and with the approbation of two of his Majesty's Justices of the Peace, to bind such child or children, as apprentices, until he, she or they, shall have attained the age of twenty-one years in the case of males, and eighteen in the case of females ; and an indenture to that effect, under her hand and seal, and countersigned by two Justices, shall be good and valid in law. 3. Provided always, and be it, &c., That when the rela- tions of any orphan or abandoned infant child or children are able and willing to support and bring them up, then and in such case it shall not be in the power of the Town Wardens to apprentice such child or children. 4, Provided also, and be it, c&c., That no infant child or children, having attained the age of fourteen years, shall be liable to be apprenticed as aforesaid, unless he, she or they, consent thereto. Preamble. Town War- dens, with approbation of two Jus- tices, may bind orpban or abandon- ed infant children. See 8 Geo.IV. cap. 6. The like to the m infant children. Exemption. Further exception. THE MUNICIPAL MANUAL. 241 50 GEO. III. CAP. 5. An Act to declare the Common Gaols in the several Districts of this Province to be Houses of Correction for certain purposes. [Passed 12th March, 1810.] WHEREAS it is expedient that until Houses of Correction Preamble, shall be erected in the several Districts of this Province, that See 32 Qeo. the Common Gaol in each and every of the said Districts rJfe*5 ; 6; shall be held and taken to be, for certain purposes, a House svic.cap.w. of Correction : Be it, &c., That until such Houses of Correc- until houses tion shall be erected as aforesaid, the Common Gaol in each ^Sub? 100 of -the said several Districts respectively shall be, and the erected, the same is hereby constituted a House of Correction ; and that gaXin eaci, all and every idle and disorderly person, or rogues and vaga- gjgfjj^ bonds, and incorrigible rogues, or any other person or persons constituted who may by law be subject to be committed to a House of Correction, shall be committed to the said Common Gaols in the said Districts respectively, any law or usage to the con- trary in any wise notwithstanding. 2 GEO. IV. CAP. 14. (2ND SESSION.) An Act to establish the Division Line, between the Second and Third Concessions of the Township of Osnabruck, in the Eastern District. [Passed 17th January, 1822.] Line run by Lewis Grant, Deputy Provincial Surveyor, declared to be the original and true boundary. 4 GEO. IV. CAP. 16. (!ST SESSION.) An Act to repeal an Act passed in the thirty-second year of His Majesty's reign, intituled, "An Act to establish the Winchester Measure, and a standard for other weights and measures throughout this Province," and to appropri- ate a sum of money for the purpose of obtaining a stand- dardfor weights and measures for this Province. [Passed 19th March, 1823.] Section 1 repeals 32 Geo. III. cap. 3. fj, And whereas a sum of money is required to defray the JETS sterling expenses of procuring a standard for weights and measures to JJiSS^jS' be used in this Province, we your Majesty's most dutiful and chasing a stt R -42 THE MUNICIPAL MANUAL. of standard loyal Subjects, the Commons of Upper Canada, in Provincial mwures"to Parliament assembled, beseech your Majesty that it may be Deposited enacted, And be it, <&c., That from and out of the duties secretary of raised, levied and collected, or hereafter to be raised, levied the province. an( j co ll ec ted, to and for the public uses of this Province, unappropriated, there be granted to His Majesty, His Heirs and Successors, the sum of seventy-five pounds sterling, which said sum of seventy-five pounds sterling, shall be disposed of, appropriated and applied, towards defraying the expenses of obtaining a complete set of weights and mea- sures, according to the standard of His Majesty's Exchequer in England } which said weights and measures shall be placed and remain in the charge and custody of His Majesty's Secre- tary of the Province. Secretary of 3. And be it, &c., That so soon as the majority of the tofimSSi" 58 Magistrates in Quarter Sessions assembled within any District fch District of this Province, shall address the Governor. Lieutenant-Gover- wdof s 8 uch d nor, or Person Administering the Government of this Pro- meiures as ^ lnce ) ^ or ^ at purpose, it shall and may be lawful for him to -ire deposited order the said Secretary forthwith, at the cost of the said Dis- withhim. trict ^ to f^^h t h e sa id j)i s trict with a true standard of such weights and measures as may be required by the said address, made of such durable materials as shall, by the said Secretary, be deemed most proper for that purpose. fnytrading ** ^nd be it, &c., That all store-keepers, shop-keepers, persons hav- millers, distillers, butchers, bakers, hucksters, and other trad- po^ssionk i Q g persons, inhabitants of such District, for which a standard any weights O f such weights and measures, as aforesaid, shall have been notstamped obtained, who shall, after the expiration of six months after District such standard 0^ weights and measures shall have been re- irapector. ceived, and Inspector appointed, as aforesaid, have in his possession any weights or measures whereby he sells or buys any article, for the weighing or admeasurement of which such standard of weights and measures are generally used, any other than such weights or measures as have been examined and stamped, or marked as aforesaid, shall forfeit for every offence two pounds, provincial currency, being thereof convict- ed before any one or more Justice or Justices of the Peace, See s Vic. on the oath of one credible witness; which said penalty, to- cap, 17, see. 3. g e ^ er w ^} 1 all reasonable costs, shall be levied by distress and sale of the offender's goods, and in default of distress, such offender shall be committed to the common Gaol of the Dis- . trict for a term not exceeding one month. THE MUNICIPAL MANUAL. 243 4 GEO. IV. CAP. 35. (!ST SESSION.) [Passed 19th March, 1823.] When and so often as any Licensed Surveyor is employed to run any side line or limit between lots in the Township of Cramahe, reference is to be had only to the Western line of the Township, in that concession in which he is required to survey any such side line or limit; but Governor authorized to cause eastern line to be resurveyed, which when done is to be the true and unalterable boundary line of the township. 6 GEO. IV. CAP, 5. An Act to provide for ascertaining and establishing the Division Line between the Townships ofAncaster and Ham- borough West, in the District of Gore. [Passed 13th April, 1825.] Governor authorised to have the line run and marked by permanent boundaries, placed at the governing points thereof. 7 GEO. IV. CAP. 15, An Act to authorise and establish a He-survey of the front of the Thirteenth Concession of the Township of Townsend. [Passed 30th January, 1826.] Provision made for a new survey, when corrected and con- firmed notwithstanding any letters patent. Title to lands in 12th or 13th concessions not to be affected. Provision in case ejectment brought. Restraint of actions for unimproved land in consequence of intended survey. 7 GEO. IV. CAP. 16. An Act to make provision for a Survey of the first, second, and third Concessions of Fredericksburgh original, and the whole of fredericksburgh additional. [Passed 30th January, 1826.] The course of the side lines declared New Survey Ex- penses, &c. 244 THE MUNICIPAL MANUAL. Preamble. See 3 Vic caps. 73 & 74. Provision in lands to be 9 GEO. IV. CAP. 2. An Act for the relief of the Religious Societies therein mentioned. [Passed 25th March, 1823.] WHEREAS religious societies of various denominations of Christians find difficulty in securing the title of land requisite for the site of a church, meeting-house or chapel, or burying- ground, for want of a corporate capacity to take and hold the same in perpetual succession j And whereas it is expedient to provide some safe and adequate relief in such cases : Be it, *' slioll not be lawful for any person to sell, barter, ex- oid, barter- change or give to any Indian man, woman or child, within this Province, any kind of spirituous liquors in any manner or way, or to cause or procure the same to be done for any pur- pose whatever, under the pains and penalties to be inflicted by the authority of this Act. Justice of }. And be it, &c., That it shall and may be lawful for any offender , not Justice of the Peace of any District wherein any offence exceeding against the provisions of this Act shall have been committed, XtZO tor 6 very _*. i*ii* * offence. upon the testimony ot one or more credible witness or wit- nesses, to fine the offender for each and every offence so com- plained of, in a sum not exceeding twenty pounds ; a moiety whereof shall be paid to the informer, and the other moiety i( J shall be collected and applied in the same manner as fines and penalties are now collected and applied under the Act for the summary punishment of petty trespasses; to be applied for the improvement of the roads through the section of the country where the offence was committed ; Provided always, that the penalty in this Act mentioned shall not be incurred by the fur- nishing to any Indian any spirituous liquor by a Medical man, direction. in case of sickness, or under the direction of any Medical man. 3 VIC. CAP. 14. An Act to prevent the Introduction of Spirituous Liquors into the Common Gaols of this Province. {Passed 10th February, 1840.] WHEREAS it is necessary to prevent the practice of secretly ch s sec- introducing spirituous liquors into the common Gaols of this I5;'ivic!c e 5. Province: Be it, &c., That if any person or persons shall, after if anyfperson the passing of this Act, give, convey or supply to any prisoner J b wtg 1 S? y con fi ne d i n anv common Gaol or House of Correction in any prisoner in District in this*Province, any rum, brand v, whiskey or other gaol. THE MUNICIPAL MANUAL. 253 spirituous liquors, contrary to such rules and regulations as have been or shall be hereafter from time to time established tw by law, every such offender being duly convicted thereof before two Justices of the Peace, shall be liable to pay a fine not exceeding five pounds. 3 VIC. CAP. 17. An Act to alter and amend an Act passed in the thirty-second year of the reign of His late Majesty King George the Third, intituled, "An Act to establish the Winchester Mea- sure throughout this Province. [Passed 10th February, 1840.] 3. And be it, &c., That the information of the Inspector inspector's upon oath shall in future be considered prima facie sufficient J^oaThS t evidence for a conviction, in not complying with the other prima facie requisitions and provisions of the said Act. 3 VIC. CAP. 73. An Act to amend an Act passed in the ninth year of the reign of King George the Fourth, Chapter two, intituled " An Act for the relief of the Religious Societies therein mentioned" (Royal Assent promulgated 3rd December, 1841.) WHEREAS it is expedient and desirable to allow the several Christian denominations recognised by the Statutes of this Province, to hold lands for the support of public worship, and the propagation of Christian knowledge : And whereas an Act passed in the ninth year of the reign of his late most Gracious Majesty King George the Fourth, intituled " An Act for the relief of the Religious Societies therein mentioned," does not 9 Geo< 4j c< 2 * permit them to hold land for any other purpose than for the site of a Church, Meeting-House or Chapel, and Burying- ground, nor to a greater extent than five acres : Be it, <&c., That so much of said Act as limits the powers of the several denominations mentioned in said Act to the quantity of five acres, and to the purposes for which lands shall be held, be and the same is hereby repealed. 2. And be it, &c., That the several Religious Societies mentioned in the said Act, shall and are hereby authorised to en hold lands in the manner specified in said Act, for the support titled to bold of public worship and the propagation of Christian knowledge, land8 - as well as for the purposes mentioned in said Act, anything in 254 THE MUNICIPAL MANUAL. Catholic Church. the Statutes commonly called the Statutes of Mortmain to the contrary notwithstanding. 3. And be it, (&c., That all the rights and privileges by this Act conferred upon the religious denominations in the first recited Act mentioned, shall be deemed and taken to ex- tend in every respect to the Roman Catholic Church, to be exercised according to the government of the said Church. 4 & 5 VIC. CAP. 43. An Act to repeal a certain Act therein mentioned, and to exempt the Members of Companies of Firemen, lawfully established, from serving as Jurors, or in the Militia^ except in certain cases. [18th September, 1841.] Preamble. WHEREAS it is expedient to repeal an Act passed by the Parliament of the late Province of Upper Canada, in the seventh year of the reign of His late Majesty King George A certain ^he Fourth, and intituled, "An Act to make further and more Act of u. c. effectual provision for the prevention of Accidents by Fire in the several Police Towns in this Province," in order to extend the provisions of the same to the whole Province of Canada, Be it, &c., That the aforesaid Act shall be and is hereby repealed. 3. And be it, &c., That whenever any Company or Companies shall have been regularly enrolled in any city, town or place, in which the formation of companies of firemen is by law authorized and regulated, it shall and may be lawful for the corporate authorities or Board of Police in such city or town, or if there be no such authorities or Board, for the Justices of the Peace of the District in which such town may be situate, in General Quarter Sessions assembled, or the majority of them, being satisfied of the efficiency of such persons and accepting their enrolment, to direct the Clerk of the Peace for the district to grant to each member of such com- pany a certificate that he is enrolled on the same, which certi- ficate shall exempt the individual named therein, during the period of his enrolment and his continuance in actual duty as such fireman, from Militia duty in time of peace, from serving as a juryman or a constable, and from all parish and town offices ; any law, custom or usage to the contrary notwith- standing. The corpo- rate author! ties, Ac., in any city or town, in which a fire company may be law- fully estab- lished may cause the members of such com- pany to be exempted from serving as jurors, and from certain other offices. See 12 Vic. c. 36, and 14 & 15 Vic. c. 85. THE MUNICIPAL MANUAL. 255 3. Provided always, and le it, &c., That it shall be Proviso: lawful for the corporate authorities or Board of Police in any city or town, or if there be no such authorities or Board, for J;J k c c a e a J ay the Justices of the Peace for the District, or the majority of misconduct them, at any General or adjourned Sessions, upon complaint to them made of neglect of duty by any individual of such berofany Fire Company, to examine into the same ; and for any such company. cause, and also, in case any individual of such Company shall be convicted of a breach of any of the rules legally made for the regulation of the same, to strike off the name of any such individual from the list of such Company, and thenceforward the certificate which may have been granted to such individual as aforesaid shall have no effect in exempting him from any duty or service in the next preceding section of this Act men- . tioned : Provided always, nevertheless, that it shall be in the The said discretion of the corporate authorities or Boards of Police, or m^cause* of the J ustices of the Peace for the District, as aforesaid, res- such compa~ pectively, to consent to the formation, as aforesaid, of any Fire formed, or Company in any such city, town or place, as aforesaid, or to f^atim, defer the same until circumstances may, in their opinion, they deem render it expedient that such Company should be formed ', and that they may also, in their discretion, from time to time, discontinue or renew any such Company or Companies. 4 & 5 VIC. CAP. 70. An Act to extend and define the limits of the Town of Woodstock in the District of Brock. [27th August, 1841.] WHEREAS it is expedient to extend and define the limits of Preaml)le the Town of Woodstock, in the District of Brock ; Be it, &c., That all that tract of land lying and being situate within Boundaries the boundaries hereinafter mentioned, shall, from and after of the town the passing of this Act, be within the Town of Woodstock ; stock ex- thatistosay: a line commencing at a post planted at the Defined and south-east angle of lot number nineteen in the first concession of the township of Blandford, and drawn thence in a northerly direction along the east line of the said lot number nineteen to the allowance for road between the first and second conces- sions in the said township ; thence westerly along the outside of the said allowance for road, to the river Thames ; thence along the water's edge on the eastern side of the said river Thames to its junction with the Cedar Creek ; thence along the water's edge on the northern side of the said Cedar Creek g^ 19 A g to the western line of the township of East Oxford ; thence Tic. c. 9*. 256 THE MUNICIPAL MANUAL. southerly along the said western line of the township of East for rS C ad- Oxford to the allowance for road between the first and second txfuidlry U to concess i D8 f the said township of East Oxford ; thence east- be within erly along the centre of the said allowance for road, to the south east angle of lot number nineteen in the first concession of the said township of East Oxford ; thence northerly along the said line to Dundas Street ; thence easterly along Dundas Street to the place of beginning ; and all allowance for roads adjoining the said boundaries shall be included within the same and the said town of Woodstock. 4 & 5 VIC. CAP. 75. An Act to confirm a certain arrangement entered into by the Magistrates of the Districts of Gore and Wellington. [18th September, 1841.] The agreement which is recited is confirmed. 7 VIC. CAP. 5. An Act to regulate and facilitate the study of Anatomy. [9th December, 1843.] Preamble. WHEREAS it is impossible to acquire a proper or sufficient- knowledge of Surgery or Medicine, without a minute and practical acquaintance with the structure and uses of every portion of the human economy, which requires long and dili- Certain bo g en % prosecuted courses of dissections : And whereas the dies may be difficulties which now impede the acquisition of such knowledge aissection, amount almost to a prohibition of the same, and it has become necessary, in consideration of the rising importance of Medical Schools in this Province, and for the relief of suffering hu- manity, to make some legislative provision, by which duly authorised teachers of Anatomy or Surgery may be provided with the bodies necessary for the purpose of instructing the pupils under their charge : Be it } &c., That the bodies of persons found dead publicly exposed, or who immediately be- fore their death shall have been supported in and by any Public Institution receiving pecuniary aid from the Provincial Government, shall be delivered to persons qualified as herein- after mentioned, unless the person so dying shall otherwise direct : Provided always, that if such bodies be claimed within the usual period for interment, by bonafide friends or relatives, or the persons shall have otherwise directed as aforesaid before their death, they shall be delivered to them or decently interred. THE MUNICIPAL MANUAL. 257 'S, And be it, &c., That the persons qualified to receive TO -whom such unclaimed bodies shall be public teachers of Anatomy or ghanbe dies Surgery, or private Medical Practitioners having three or more delivered, pupils for whose instruction such bodies shall be actually required : Provided always, that if there be any Public Medi- Proviso. cal School in the locality, such School shall have a preferable claim to any such body. 3. And be tY, failing which, he shall cause the body to be interred, as hath been heretofore customary. G. And be it, &c., That the Superintendent of each Public Superinten- Institution receiving Government aid, shall immediately give JjJbitchisti- notice to the Inspector of Anatomy for the locality, of the tutions to death of any inmate of the Institution who shall not be known of^eaSshi to have any friends or relatives entitled to claim the body. the same - S 258 THE MUNICIPAL MANUAL. Register to 7. And be it, &c., That each such Superintendent shall such e siipe y r. keep a Register shewing the name, age, sex, and birth-place intendents. (if known) of each person whose body shall be given over for dissection, and the name of the Medical Practitioner to whom such body shall have been delivered ; and that no such Super- intendent shall deliver any body, except upon the written order of the Inspector of Anatomy for the locality. Emoluments 8. And be it, &c., That the emoluments of the Inspector gpectors^f f Anatomy shall be as follows : he shall receive One Pound Anatomy. fi ve shillings, currency, for every body delivered over for dis- section, which sum shall be paid him by the Teacher or Medi- cal Practitioner, on receipt of the order for its delivery. 9. And be it, &c., That every Medical practitioner wishing to avail himself of the benefits of this Act, shall appear before one of Her Maiestv's Justices of the Peace and the Insoector Medical prac- titioners availing oitMfTlcUo one ^ ^ er Majesty's Justices of the Peace and the Inspector give security, of Anatomy, and shall give security, himself in the sum of twenty pounds with two good and sufficient securities, in the sum of ten pounds each, for the decent interment of the bodies after they shall have served the purposes required : and upon the due fulfilment of these conditions, the Inspector of Anatomy shall deliver to such Medical Practitioner a written authority to open a dissecting room entitled to the benefits of this Act, 7 vie. CAP. 7. L ~ ' f , ^r.An Act to provide for the calling and orderly holding of Pub - * /' * lie Meetings in this Province, and for the better preservation of the public peace thereat. [9th December, 1843.] Preamble. WHEREAS it is the undoubted right of Her Majesty's Sub- jects to meet together in a peaceable and orderly manner, not only when required to do so in compliance with the express direction of law, but at such other times as they may deem it expedient so to meet for the consideration and discussion of matters of public interest, or for making known to their Gra- cious Sovereign or Her Representative in this Province, or to both or either Houses of Her Imperial or Provincial Parlia- ments, their views respecting the same, whether such be in approbation or condemnation of the conduct of public affairs : And whereas, from the collisions and breaches of the Peace which have of late unhappily taken place at many of such Meetings, it is expedient to make some Legislative provision for the calling and orderly holding thereof, and the better preservation of the public peace at the same : Be it, &c., That THE MUNICIPAL MANUAL. 259 all Public Meetings of the Inhabitants, or of any particular Meetin class of the Inhabitants of any District, County, Riding, City, K"^ Town, Township, Ward, or Parish in this Province, which jrffliin pro- are or shall be required by law, and summoned or called in the this Act. manner hereinafter by the Fourth section of this Act prescri- bed, shall be and be deemed to be Public Meetings, within the meaning of this Act. Q. And ~be it, &c., That all Public Meetings of the In- Meetings habitants, or of any particular class of the inhabitants of any g^fff 1 ^ District. County, Hiding, City, Town, Township, Ward, or two Magi* -r i i T^ IT i L it- TT -L 01. -c * T_ trates to be Parish in this Province called by the High Sheriffs any such within P ro- District or County, or by the Mayor or other Chief Municipal J^ 1 ^^ Officer of any such City or Town respectively, in the manner hereinafter by the Fifth section of this Act prescribed, upon the requisition of any twelve or more of the Freeholders, Citi- zens or Burgesses of such District, County, Riding, City, Town, Township, Ward, or Parish, having a right to vote for Mem- bers to serve in the Provincial Parliament, in respect of the property held by them within such District, County, Riding, City, Town, Township, Ward, or Parish respectively, and all such Meetings called by any two or more Justices of the Peace, resident in any such District, County, Riding. City, Town, Township, Ward, or Parish respectively, upon a like requisi- tion from twelve or more of such Freeholders, Citizens, or Burgesses, shall be and be deemed Public Meetings, within the meaning of this Act. 3. And be it, &c., That all Public Meetings of the In- Meetings de- habitants, or of any particular class of the Inhabitants of any dared by two- District, County, Riding, City, Town, Township, Ward or to be within Parish in this Province, which shall be declared to be Public {f e n p r f ^ c e ~ Meetings within the meaning of this Act, by any two Justices Act to be so. of the Peace resident in such District, County, Riding, City, Town, Township, Ward or Parish, in the manner hereinafter by the Sixth section of this Act prescibed, shall be deemed to be Public Meetings, within the meaning of this Act. 4. And be it, &c., That in every notice or summons for Manner of calling together any such Public Meeting, as in the first section ^"gjjjj of this Act is mentioned, there shall be contained a notice that quired by such Meeting, and all persons attending the same, will be JJ within the protection of this Act, and requiring all persons to this Act take notice thereof and govern themselves accordingly, and which part of such notice or summons may be in the form or to the effect set forth in the Schedule to this Act annexed, marked A. 260 THE MUNICIPAL MANUAL. Manner of tection of Manner of 5>. And be it, &c., That the notice to be issued by the High meSS Sheriff of any District or County, or by the Mayor, or other called by Chief Municipal Officer of any City or Town, or by two or within S the ' more Justices of the Peace, for calling any such Public Meet- tMs Act n f ' ln > as * n *ke secon d section of this Act is mentioned, shall be issued at least three days previous to the day upon which such Meeting shall be appointed to be held, shall set forth the names of the requisitionists, or of a competent number of them, that such Meeting is called in conformity with the provisions of this Act, and that such Meeting, and all persons attending the same, will be within the protection of this Act, and that all persons are required to take notice thereof and govern them- selves accordingly, and such notice may be in the form or to the effect set forth in the Schedule to this Act annexed, marked B. G. And be it, &c., That upon information on oath, before anv Justice of tne Peace, that any Public Meeting of the called by pri- Inhabitants, or of any particular class of the Inhabitants of any District, County, Riding, City, Town, Township, Ward, or Parish, not being a Public Meeting of the description men- tioned in the first section of this Act, or a Public Meeting called in the manner referred to in the second section of this Act, is appointed to be held at any place within the jurisdiction of such Justice, and that there is reason to believe that great numbers of persons will be present at such Meeting, it shall and may be lawful for any two Justices of the Peace, having jurisdiction within the District, County, City, or Town, within which such Meeting is appointed to be held, to give notice of such Meeting, and to declare the same, and all persons attending the same, within the protection of this Act, and requiring all persons to take notice thereof, and govern themselves accord- ingly, and which notice or declaration may be in the form or to the effect set forth in the Schedule to this Act annexed, marked C. 7. And be it, such vehicle, horses or cattle do not proceed more than half a mile along such turnpike road, either in going or in return- ing, for farming or domestic purposes only. 268 THE MUNICIPAL MANUAL. Act not to extend to any private toll bridge. 4. Provided always, and be it, &c., That nothing in the foregoing enactments of this act shall extend or be construed to extend to any toll bridge, the tolls on which are vested in any party other than the Crown. Preamble. Penalty on persons tb rowing certain things into rivers and rivulets. Penalty and damages, how recover- ed. Penalty im- posed not to exceed a certain sum, Appeal given. Appropria- tion of penalties. 7 VIC. CAP. 36. An Act to prevent obstructions in Rivers and Rivulets, in Upper Canada. [9th December, 1843.] WHEREAS great inconvenience is occasioned by persons throwing slabs, bark, waste stuff, and other refuse of saw mills, stnmps and waste timber, or leached ashes, into the rivers and rivulets in Upper Canada, and it is expedient to prevent the said practice : Be it, &c., That any person who shall throw into any river, rivulet or watercourse, or any owner or occupier of a mill who shall suffer or permit to be thrown in that part of this province heretofore known as Upper Canada, any slabs, bark, waste stuff, or other refuse of any saw mill (except saw dust), or any stumps, roots or waste timber or leached ashes, and shall allow the same to remain in such river, rivulet or watercourse, shall thereby incur a penalty not exceeding five pounds, currency, and not less than one shilling, currency, for each day during which such obstruction shall remain therein, over and above all damages which may arise therefrom j and that such penalty and damages shall and may be respectively recovered with costs, in a summary way, before any one or more Justices of the Peace, in the manner provided by an Act passed in the fourth and fifth years of Her Majesty's reign, chapter twenty six, intituled, An Act for consolidating and amending the laws in this Province relative to malicious in- juries to property. 5J. Provided always, and be it, &c., That in no such case shall the amount levied exceed five pounds, currency, and costs j and that any party who shall think himself aggrieved by any conviction or decision under this Act, may appeal to the Court of General Quarter Sessions of the District, in the manner and under the conditions and provisions of the Act last above cited, with regard to appeals from convictions and decisions under that Act. 3. And be it, &c., That of all pecuniary penalties levied under this Act, one third shall go to the informer, and the other two thirds to the Township in which the offence shall have been committed, and shall be expended in improving the THE MUNICIPAL MANUAL. 269 Public Highways therein, and in case of damages to private property arising out of a violation of this Act, the assessed Assessed da- damages shall be paid to the party aggrieved, except in cases JHSap- * where the party shall have been examined in proof of the p^a- offence in which case the same shall be applied to the improve- ment of the public highways in the Township as above provid- ed, any law to the contrary notwithstanding. 4. And le it, &c.. That in every case of conviction under Damages if this Act, when the sum which shall be forfeited for the amount of injury done, or which shall be imposed as a penalty, to- gether with the costs, shall not be paid at the time stated in the conviction, or appealed from, it shall be lawful for the convicting Justice to issue his warrant of distress, and in case there shall not be sufficient goods and chattels found to satis- fy the same, to commit the offender to the common gaol of the respective County or District, until the fine or damages (as the case may be) and costs, be paid, not however, exceeding thirty days. 5. And be it, &c., That this Act shall be and remain in force for the full term of four years from the passing thereof, and from thence until the end of the next Session of the Pro- vincial Parliament, and no longer. - Vic! c.' 81. 7 VIC. CAP. 39. An Act to divide the Township of ffawkesbury, in the Ottawa District into two Townships. [9th December, 1843.] WHEREAS the Inhabitants of the Township of Hawkes- Preamble - bury, in the Ottawa District, have by their Petition to the Legislature, represented, that by reason of the extent and the peculiar local circumstances of the said Township, it would be of advantage that the same should be divided into two Town- ships in the manner hereinafter mentioned, and it is expedi- ent to grant the prayer of the said Petitioners; Be it, &c. } Thetown . That the said Township of Hawkesbury shall be and is here- ship of by divided for all purposes whatsoever, into two Townships, the one to be called the Township of East Hawkesbury, and two town- the other to be called the Township of West Hawkesbury ; and the said Township of East Hawkesbury shall include and consist of all that part of the present Township of Hawkesbury lying between the Eastern boundary thereof and the Western line of the Lots Number Thirty-Seven in each of the Conces- sions from the River Ottawa to the rear Line of the said Township : and the remainder of the said Township shall form the said Township of West Hawkesbury. 270 THE MUNICIPAL MANUAL. Preamble. The line between cer- tain town- ships, to be the line between the Districts of Niagara and Gore. Preamble. The Gover- nor in Coun- cil may by proclama- tion declare this Act to be in force in any locality 7 VIC. CAP. 40. An Act to amend the act relating to the Boundary Line be- tween the Niagara and Gore Districts. [9th December. 1843.] WHEREAS doubts have arisen as to the true construction of certain parts of the Act of the Legislature of the late Province of Upper Canada, passed in the fifty-sixth year of the Reign of his late Majesty, King George the Third, and intituled, An Act to grant and form a new District out of certain parts of the Home and Niagara Districts, to be called the District of Gore, which relate to the Boundary Line between the Dis- tricts of Niagara and Gore, and it is expedient to remove such doubts by defining more accurately the said Boundary Line : Be it, &c., That the present Division Line between the Town- ships of Oneida, and Seneca, in the District of Niagara, and the Townships of Tuscarora and Onondaga, in the District of Gore, shall form and be a part of the Boundary Line between the said District of Niagara and the said District of Gore; any thing in the Act cited in the Preamble to this Act, to the contrary notwithstanding. 7 VIC. CAP. 42. An Act for better defining and establishing the Eastern bound- ary line of the third Concession of the Township of Corn- wall, in the Eastern District. [9th December, 1843.] The line run by Jeremiah McCarthy declared to be the governing line of 3rd concession of Cornwall. 8 VIC. CAP. 6. An Act for the better preservation of the Peace, and the pre* vention of Riots and violent Outrages at and near Public Works while in progress of construction. [17th March, 1845.] WHEREAS it is necessary to make further provision for the preservation of the peace, and for the protection of the lives, persons, and property of her Majesty's subjects, in the neigh- bourhood of public works on which large bodies of labourers are congregated and employed : Be it, &c., That it shall be lawful for the Governor in Council, from time to time, and as often as occasion shall require, to declare by Proclamation the several places in this Province, within the limits whereof any Canal or other public work whatsoever shall be in progress of THE MUNICIPAL MANUAL. 271 construction, or such places as shall be in the vicinity of any m which such Canal or other public work, within which it shall be a^being^' found necessary that this Act shall come into force and effect; carried on. and that this Act shall, upon, from, and after the day to be named in any such Proclamation, take effect and eome into y^ 1 ,. 4 f 6> 15 force and operation within the places designated in and by such Proclamation ; and it shall also be lawful for the Gover- And again nor in Council in like manner, from time to time, to declare ^"J^* this Act to be no longer in force in any of such places as afore- said ; but this shall not prevent the Governor in Council from And may in again declaring the same to be in force in any such place or "Jd^tSuT places : Provided always, That no such Proclamation shall in Act to be no any case have force or effect within the limits of any city in Kinany this Province. Buchiocaiity. j. A n d b e ft, <&c., That upon and after the day to be -^^^ thig fixed in such Proclamation for that purpose, no person em- Act shall be ployed in or upon any such Canal or other public work within Lny^Suity, the limits specified in such Proclamation, shall have or keep "hererTs?- in his possession or under his care or control, within such dent shall limits, any gun, blunderbuss, pistol, or other fire-arm, or any ^ms or wea- stock, lock, barrel, or any other part of such gun, blunderbuss, P n n * e f d ^ ar ' pistol, or other fire-arm, or any bullets, sword, sword blade, Sensed to 7 bayonet, pike, pikehead, spear, spearhead, dirk, dagger, or g^ p e the other instrument intended for cutting or stabbing, or other arms, ammunition, or weapon of war, under a penalty of not less than ten shillings, nor more than twenty shillings, for every such weapon found in his possession. 3. And be it, &c., That within the time appointed as weapons to aforesaid in such Proclamation, every person employed in or ^oMa 11 !^ 6 * 1 upon the canal or public work to which the same shall relate, trate, and shall bring or deliver up to some Magistrate or Commissioner, for e ^me! ven to be appointed by the Governor for the purposes of this Act, every such weapon as aforesaid in his possession, and shall obtain from such Magistrate or Commissioner a receipt for the same. 4. And be it, &c., That when this Act shall cease to be weapons so in force within the place where any weapon shall have been ^J^n^i delivered and detained in pursuance thereof, or when the when this owner or person lawfully entitled to any such weapon shall ce ase to be satisfy the Magistrate or Commissioner that he is about to in force > &c * remove immediately from the limits within which this Act shall at the time be in force, it shall be lawful for the Magis- trate or Commissioner to deliver up to the owner or person authorized to receive the same, any such weapon, on produc- tion of the receipt given for it as aforesaid. / 272 THE MUNICIPAL MANUAL. Weapons un- lawfully kept, may be seized, and Khali be forfeited. 5. And be it, &c., That every such weapon which shall be found in the possession of any person employed as afore- said, after the day named in any Proclamation, as that on or before which such weapon ought to be delivered up as afore- said, and within the limits or locality set forth in the Procla- mation bringing this Act into force, shall be liable to be seized j and being seized by any Justice, Commissioner, Constable, or other Peace Officer, shall be forfeited to the use of Her Majesty, her heirs and successors. 6. And be it, i i i i \ i i Division or Line Jbence which each should make or repair has not been determined by the award of Fence Viewers as aforesaid, the said Fence Viewers or any two of them shall determine the same, (which determination shall be final and binding on the occupiers of the said tracts or parcels of land, and have the same effect as if it had been made by the Fence Viewers in the manner first before men- tioned,) and shall report their determination upon the matters aforesaid in writing under their hands to the Justice by whom the Summons shall have been issued, and shall also, in all cases where they determine that the plaintiff or plaintiffs is or are entitled to recover any thing from the defendant or defen- dants, state what distance of Fence they have determined that the defendant or defendants should have made or repaired ; Copy may b and the said Fence Viewers, if they shall be required by either P ar ty> before they shall have made a report as aforesaid to the said Justice, shall give to such party requiring the same a true copy of their said determination. |}. And Ije it, &e., That if either of the said parties shall desire to procure the attendance of any person or persons to give evidence before such Fence Viewers, it shall and may be lawful for the said Justice to issue, upon the application of either of the said parties, a Summons to any person or persons to attend as a witness or witnesses be- fore the said Fence Viewers at the time and place mentioned Aud sworn, in the said Summons to the Fence Viewers ; and that the said Fence Viewers, when met as aforesaid at the time and place mentioned in the Summons, shall be and are hereby authorized, whenever it shall be desired by either party or they shall think it proper, to administer an oath to any witness, which oath The oath. shall be in the following form : " You do solemnly swear that Witnesses moned! SUn THE MUNICIPAL MANUAL. 281 you will true answer make to such questions as may be asked of you by either of the Fence Viewers now present, touching the matters which they are now to examine and determine : So help you God." And if any person giving evidence as aforesaid under oath shall be guilty of false swearing, he shall be guilty of false swear- wilful and corrupt perjury, and upon conviction thereof shall be De liable to the same punishment and disabilities to which persons convicted of that offence in other cases are now by law liable. 7. And be it, &c., That the said Justice to whom the determination of the Fence Viewers shall be returned as transmitted aforesaid, shall transmit the same to the Clerk of the Division {j^jj^ 1 * Court having jurisdiction over the said Township, and certify cierkofthe and transmit a copy thereof to the Township Clerk, to be en- ciS. n tered in the book in which the Township proceedings are recorded, and thereupon the said Clerk of the said Division Execution to Court shall issue an execution against the goods and chattels of the said defendant or defendants, in the same manner as if the party in whose favor the said determination shall have been made, had recovered judgment in the said Court for the sura which the said Fence Viewers shall have determined as aforesaid he was entitled to receive, with such costs as are Costs> hereinafter provided and to be allowed : Provided also, that Proviso, de- no such Writ of Execution shall be issued until after the ex- piration of forty days from the time of such determination. 8. And be it, &c.. That when any party shall cease Provisional ' , . , , T_ 1 1 i "Li i to fences to occupy or improve his land, or shall lay the enclosure adjoining before under improvement, in common, the said party or par- JJ^^JJ?' ties shall not have a right to take away any part of the Division improved, or Line Fence adjoining to the next enclosure that is improved common, 11 or occupied, provided the party occupying the lands adjoining and when the same will allow and pay therefor so much as the Fence after being Viewers or a majority of them shall in writing determine to JJ^JJJJ^ 8 * be the reasonable value thereof; and whenever any lands improved. which have laid unimproved and in common shall he after- wards enclosed or improved, the occupier or occupiers thereof shall pay for their fair or just proportion of the Division or Line Fence standing upon the divisional line between the same land and the land of the enclosure of any other occu- pant or proprietor, the value thereof to be ascertained and set forth in writing by three Fence Viewers, in case the parties shall not agree among themselves, and the amount of such yalue may be recovered according to the proportions so esti- mated, in the same manner and form as hereinbefore provided respecting the making and keeping in repair Division or Line Fences. 282 THE MUNICIPAL MANUAL. remove bis in what case 9. And be it, <&c., That in no case shall any person be authorized to take away any part of the Division or Line Fence which to the said party may belong, adjoining to * n e next enclosure which is improved or occupied, unless the party or parties occupying the lands adjoining the same, re- fuse, after demand made in writing by the person or persons purposing to remove part of any Line Fence, to pay for the same as aforesaid ; nor without first giving due notice to such party for at least twelve months previously to the removal of the same. Provision 1O. L And be it, <&c., That when a Water Fence or a fences7 ater Fence running into the water is necessary to be made, the same shall be made in equal parts, unless by the parties otherwise agreed ; and in case either party shall refuse or neglect to make or maintain the share to such party belonging, similar proceedings shall or may be had, as in other cases of the like kind respecting other Fences in this Act mentioned. Duty of fence 11. And be it, &c., That when lands belonging to or JandstoumE occupied by different persons, are subject to be fenced ed by brooks, and bounded upon or divided from each other by any brook, pond, or creek, which of itself is not a sufficient fence, in such case, if the parties disagree, the same may be submitted to the three Fence Viewers, as heretofore provided ; and if in the opinion of such Fence Viewers, such brook, river, pond, or creek, is not of itself a sufficient barrier, and that it is im- practicable to fence at the true boundary line, they shall judge and determine how or on which side thereof the Fence shall be set up and maintained, or whether partly on one side and partly on the other, as to them shall appear just, and reduce their determination to writing as heretofore provided in other Penalty for cases ') an( * ^ either of the parties shall refuse or neglect to notobeying keep up or maintain the part of the Fence to such party their award, according to the Fence Vieweis' determination in powers and duties of writing as aforesaid, the same may be done and performed as is in this Act before provided in other cases, and the delin- quent party shall be subject to the same costs and charges, and to be recovered in like manner. S wate? 8 courses in shall be^ And whereas it is expedient to provide for the open- j n g O f Water Courses in Upper Canada : Be it, &c., That in all cases when it shall be the joint interest of parties resident to P en a Ditch or Water Course for the purpose of letting off surplus water, from swamps or sunken miry lands in Upper Canada, in order to enable the owners or occupiers of such swampy or sunken lands to cultivate or improve the same, it THE MUNICIPAL MANUAL. 283 shall be the duty of such several parties to open a just and fair proportion of such Ditch or Water Course according to the several interests that such parties may have in the same ; and in cases where a dispute shall or may arise as to the part, width, depth or extent that any party so interested ought to open or make, the same may be referred to three Fence Viewers, in the same way and manner as is heretofore by this Act pro- vided in cases of disputes between parties relative to Line or Division Fences; and it shall be the duty of such Fence Viewers to whom such matters shall be referred, to divide or apportion such Ditch or Water Course among the several par- ties, in such way as in the opinion of such Fence Viewers shall be a just and equitable proportion, having due regard to the interest each of the parties shall have in the opening of such Ditch or Water Course ; and the Fence Viewers shall at the same time decide what length of time shall be allowed to each of the said parties to open his share of such Ditch or Water Course ; and the determination or award of such Fence Viewers shall be made in the same manner, and have the same effect in regard to Ditches or Water Courses as is provided by this Act in regard to Division or Line Fences. 13. And be it, &c., That when it shall appear to such Provisional Fence Viewers that the owner or occupier of any tract or coifr^cross- parcel of land is not sufficiently interested in the opening of ing the land such Ditch or Water Course to make him a party, and at the nofothei same time that it is necessary that such Ditch should be con tinned across his land by the other party or parties at his or their own expense, they may award the same in manner and form aforesaid ; and upon such award, such party or parties may lawfully open such Ditch or Water Course across such land as aforesaid at his or their own expense, without being deemed to have committed a trespass by so doing. 14L. And be it, &c., That if any party shall neglect or Provision in refuse upon demand made in writing as aforesaid, to open or party shall make and keep open his share or proportion allotted or awarded JjJ^jjJ to him by such Fence Viewers as aforesaid, within the time share of a allowed by such Fence Viewers, either of the other parties watercourse, may, after first completing his own share or proportion allotted to him in manner aforesaid, open the share or proportion al- lotted to such party neglecting or refusing to open the same, and such party so opening such other party's share shall be entitled to recover not more than the sum of two shillings per rod from the party so neglecting or refusing to open his share or proportion, in the same manner as is in this Act provided relative to Line and Division Fences. 284 THE MUNICIPAL MANUAL. Fees for ser- 1O. And be it, &c., That the following fees, and no more, tMs\ct der shall k e received by the different parties acting under the pro- visions of this Act, that is to say : ' j To the Justice of the Peace : For Summons to Fence Viewers, one shilling and three pence. For Subpoena, which may contain three names, one shil- ling and three pence. For transmitting copy of Fence Viewers' determination to Division Court and to Township Clerk, one shilling and three pence. To the Fence Viewers : Five shillings per day each : if less than half a day em- ployed, two shillings and six pence. To the Bailiff or Constable employed : For serving Summons or Subpoena, one shilling. Mileage per mile, four pence. To Witnesses per day each, two shillings and six pence. 17. And be it, &c.. That the fees hereinbefore allowed shall be included in the execution to be issued by the Clerk of the Division Court as aforesaid, upon the party in whose favour the determination of the Fence Viewers shall be made, making an affidavit that the same have been duly paid and disbursed to the said parties respectively, (and which affidavit the said Clerk is hereby empowered to administer), and when recovered shall be paid over by the said Clerk to the said party entitled to recover the same. 18. And be it, &c., That the words " Upper Canada" wherever they occur in this Act shall mean all that part of this Province which formerly constituted the Province of Upper Canada; that the word "party" in this Act shall in- clude any person or persons, body or bodies politic or corpo- rate ; and that all words importing the singular number or the masculine gender only, shall include several persons, mat- ters or things of the same kind as well as one person, matter or thing, and females as well as males, unless there be some- thing in the subject or context inconsistent with such inter- pretation. 19. And be it, &c., That the Act of the Legislature of Upper Canada, passed in the fourth year of the Reign of His late Majesty King William the Fourth, and intituled An Act to regulate Line Fences and Water Courses, and to repeal so much of an Act passed in the thirty-third year of Fees actu- ally paid to be included in the execution. Interpreta- tion clause. Act of U. C. 1 Wm. IV. c. 13, repealed. THE MUNICIPAL MANUAL. 285 His late Majesty King George the Third, intituled, "An Act to provide for the nomination and appointment of parish and Town Officers within this Province" as relates to the office of Fence Viewers being discharged by Overseers of High- ways and Roads, shall be and the said Act is hereby repealed upon, from and after the first day of April next : Provided Proviso always, that the repeal of the said Act shall not be construed to revive any Act or part of an Act thereby repealed. g VIC. CAP. 34. An Act to extend the benefit of a certain Act of Upper Canada therein mentioned, to the Clergymen or Ministers of the " Evangelical Association." [29th March, 1845.] WHEREAS, the Ministers and divers Members of the lleli- preamble. gious Society or Denomination of Christians called The Evan- gelical Association, have, by their petition to the Legislature, prayed that the privileges and advantages granted to certain other denominations of Christians, by the Act of the Legisla- Act of u. c. ture of the late Province of Upper Canada passed in the eleventh year of the Reign of His Majesty King George the Fourth, and intituled, An Act to make valid certain Mar- riages heretofore contracted, and to provide for the future Sol- emnization of Matrimony in this Province, may be extended to the Members of The Evangelical Association aforesaid, and it is expedient to grant the prayer of the said Petition : Be it, &c., That all the powers, privileges, and advantages by the Act first above cited, conferred upon or vested in any Clergy- Jy man or Minister, of any of the several religious denominations Act to Minis- mentioned in the third section of the said Act, shall be and the same are hereby conferred upon and vested in any Clergy- tions extend- , ,. . y, . , ,. f , . ;, , ] ed to those man or Minister of the said religious denomination called The of the Evangelical Association, as fully and effectually to all intents and purposes, and upon the same conditions and restrictions, as if The Evangelical Association aforesaid had been among the number of the religious denominations mentioned in the said third section, and subject, to all the penalties imposed by the said Act for any contravention of the provisions thereof. 2. Provided always, and be it\ &c., That this Act shall This Act to extend only to that part of this Province which formerly con stituted the Province of Upper Canada. 286 THE MUNICIPAL MANUAL. Preamble. Fees to be Quarter Sessions. See 12 vic c. 78. 8 VIC. CAP. 38. An Act to regulate the Fees of certain District Officers in that part of this Province called Upper Canada. [29th March, 1845.] WHEREAS certain Officers connected with the Administra- tion of Justice in the several Districts in that part of this Province which formerly constituted Upper Canada, are re- quired to perform many services for which no fees are fixed by law ; and whereas it is proper and necessary to establish rea- sonable fees and allowances for the same, and to provide for the payment thereof: Be it, cfcc., That it shall be the duty of *h e several Justices of the Peace in the different Districts of Upper Canada in the General Quarter Sessions of the Peace, to be holden in the month of July next, to frame a Table of ^ ees ^ or a ^ serv i ces n w rendered in the administration of Justice, and for other District purposes, by any Sheriff, Coro- ner, Clerk of the Peace, Constable and Crier, which services Duty of are not remunerated by any law now in force; and that the 8 f the severa l Clerks of the Peace shall forthwith transmit such Table to the Clerk of the Crown in Toronto, to be by him laid before the Judges of the Court of Queen's Bench at Toronto, and that it shall be lawful for the said Judges in term time, by any rule or rules to be by them made from time to time, as occasion shall require, to appoint the fee which shall be taken and re- ceived by such Sheriff, Coroner, Clerk of the Peace, Constable or Crier, for such service as aforesaid. Modeof levy- 2. And be it, &c.. That all per centage, fees or allowances mg Fees. on j evv i n g g neg an( j recognizances, shall be levied over and above the amount of such fines and recognizances, and all fees on service for the private benefit of or in the nature of a civil remedy, for individuals at whose instance the same are per- formed shall be paid by such individuals, and that the Judges shall, in the Table to be by them framed as aforesaid, distin- guish the fee to be paid by private individuals, and that, except as is in this Act otherwise provided, all other fees shall be paid out of the District Funds. By whom 3. And le it, &c., That when any person or persons shall s^Sion? I for ke convicted before any Court of Quarter Sessions of any as- aasauit and gault and battery, or other misdemeanor, such person or persons shall pay such costs as shall be allowed and taxed by the Court, but when any Defendant or Defendants shall be acquitted, the costs of the prosecution shall be paid out of the District funds : Proyiso.: Provided, that when any person or persons shall be prosecuted THE MUNICIPAL MANUAL. 287 or tried for felony and convicted or acquitted, or shall be Cases of otherwise discharged, the costs of prosecution shall be paid out F< of the District funds : Provided a/so, that nothing herein con- Proviso, as to tained shall be construed to extend to deprive any of the before ^f c e e 8 e f n 0t 8er " mentioned Officers of such fees as are allowed by any Act of mentioned Parliament now in force in this Province, for other services l not herein provided for. 4. And be it, &c., That if at any time after the passing of p ena ity for this Act, any Officer hereinbefore mentioned shall wilfully and JJJ^J 8 * 861 knowingly demand or receive any other or greater fee or allow- higher Fees ance than the fee and allowance, fees or allowances established ^^^ ' by this Act, for any and all the services performed by them respectively, he shall, for every such offence, forfeit and pay the sum of ten pounds, to any person who shall sue for the same by action of debt, bill, plaint or information, in any Court having competent jurisdiction to hear and determine the same : Provided, that nothing herein contained shall prevent any such Proviso as to Officers from demanding and receiving any fee allowed to them ge^ices. respectively by any other Act of Parliament now or hereafter to be in force in this Province, for other services. 5. And be it, &c., That the Treasurer of every District District Trea* shall pay the amount for such fees, which are payable out of surer ' s dut y- District funds, when duly allowed by the Magistrates in Quar- ter Sessions assembled, and without further authority, in the order prescribed for the payment of the expenses of the ad- ministration of Justice, in and by the fifty-ninth section of the Act of the Parliament of this Province, passed in the fourth and fifth years of Her Majesty's Reign, intituled, An Act to provide for the better internal Government of that part of this Province which formerly constituted the Province of tipper Canada, by the establishment of Local and Municipal autho- rities therein. O. And be it, Justice to commit the offender to the common gaol of the uot psuc District, there to be imprisoned for any term not exceeding two calendar months, unless the forfeiture, together with the costs, shall be sooner paid. 3. And be it, T &c., That every license for any such Ferry Licenses for shall be issued by the Governor, Lieutenant Governor, or underthe** person administering the Government of this Province, under Great Seal. the Great Seal thereof, and that any such license shall, on the U 290 THE MUNICIPAL MANUAL. Not to affect licenses here- tofore granted. Appeal given to persons aggrieved by any thing done under this Act. Proceedings on appeal to be as under 4A5Vic. c. 27. .Limits of ferries. Act to apply only to Up- ,per Canada. trial of any offender against the provisions of this Act, be prima facie evidence of title to trie Ferry: Provided always, That nothing herein contained shall extend or be construed to make void any license heretofore granted, but that the same shall be received in evidence on any such trial, in the same manner as if issued after the passing hereof. 4. And be it, <&c. } That any person who shall think him- self aggrieved by any conviction or decision under this Act, may appeal to the next Court of Quarter Sessions, which shall be holden not less than twelve days after the day of such con- viction or decision, for the District wherein the cause of com- plaint shall have arisen ', and that in the prosecution, hearing, and determination of the matter of the appeal the same pro- ceedings and forms shall be had, taken, and observed, as are required by a certain Act of the Parliament of this Province, passed in the fourth and fifth years of her Majesty's reign, intituled, An Act for consolidating and amending the Statutes of this Province relative to offences against the person. 5. And be it, <&c., That in any case where the limits to which the exclusive privilege of any Ferry extends, are not already established, such exclusive privilege shall not hereafter be granted for any greater distance than one mile and a half on each side of the point at which the Ferry is usually kept. 6. And be it, &c., That this Act shall extend only to that part of this Province which formerly constituted the Province of Upper Canada. Preamble. Act of U. C. 9 Gao. IV. c. 4, cited. Owners or occupiers of dams or weirs, not 8 VIC CAP. 66. An Act to provide more effectually for the construction of Aprons to Mill-dams or Streams, >in the District of Huron. [29th March, 1845.] WHEREAS divers owners of mill-dams in the District of Huron, have not complied with the provisions of the Act of the Legislature of Upper Canada, passed in the ninth year of the reign of his late Majesty, King George the Fourth, and intituled, An Act to provide for the construction of Aprons to Mill-dams over certain streams in this Province, and it is expedient to make more effectual provisions for facilitating the passing of rafts, and the ascent of fish on the streams on which dams are erected in the said District: Be it, &c., That the owner or occupier of every dam or weir erected on any river or stream in the District of Huron, in .Upper Canada, who shall not before the passing of this Act have complied with THE MUNICIPAL MANUAL. 291 the requirements of the Act herein first above cited, shall, on having com- or before the first day of June next after the passing of this fhe^Td^ct, Act, if the dam or weir was erected before the passing hereof, ^^f^ ci and at the time of constructing such dam or weir if it be certain di- erected after the passing hereof, construct a good and sufficient apron to such dam or weir, at least twenty-eight feet wide (if 1845. the dam or weir be of greater width, and if not, then of the same width as the dam or weir), and at least eight feet in length for every foot rise of such dam or weir, under a penalty p ena i ty . of five shillings currency, for each day during which the re- quirements of this Act shall remain uncomplied with ; and HOW to be such penalty shall be recoverable before any two Justices of J^f an^ed, the Peace for the District in which the offence shall be com- mitted, on the oath of one credible witness ; and if not paid, may be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of such Justices or either of them ; and one moiety of such penalty shall belong to her Majesty for the public uses of the Pro- vince, and the other moiety to the prosecutor. 9 VIC. CAP. 9. An Act to explain and amend a certain Act therein, mentioned and to make further provision concerning ferries in Upper Canada. [18th May, 1846.] WHEREAS it appears that the Act hereinafter mentioned Preamble, hath been construed so as to prevent parties from conveying persons and goods in their own boats and vessels, and without hire or gain or hope thereof, across waters in Upper Canada within the limits of Ferries, contrary to the true intent and meaning of the said Act : Be it, &c., That nothing in the Act Act 8 v ic t. c . passed in the eighth year of Her Majesty's Keigu, and intituled, ^^[JJJ' An Act for the better enforcing the pro visions of the Act of the using their Legislature of Upper Canada for the regulation of Ferries ^ ro ^ s8els and for protecting the rights of the Lessees of Ferries, shall ferries. be construed to prevent any person or persons whatsoever from using for his or their own accommodation, or for his or their employer's own accommodation, or their or his, or their em- ployer's own boat, vessel or craft, at any Ferry in Upper Canada, to cross the river or stream on which such Ferry may be situate, without hire, gain, reward or profit, or hope thereof. 2. And le it, &c., That no Ferry in Upper Canada shall Ferries to be hereafter be leased, nor shall the lease thereof be renewed, or any license to act as a Ferryman thereat be granted, except by 292 THE MUNICIPAL MANUAL. only for a public competition, and to parties giving such security as may time- be required by the Governor in Council, and after notice of the time and place at which tenders will be received for the lease or license for such Ferry, inserted at least four times in the course of four weeks in the Canada Gazette, and in one or more of the newspapers published in the District in which such Ferry shall be situate ; nor shall any such Ferry be leased or the license thereof granted for a longer term than seven years at any one time. 9 VIC. CAP. 17. An Act to provide for vesting in Trustees the Sites of Schools in that part of this Province called Upper Canada. [18th May, 1846.] Preamble, WHEREAS difficulties have been experienced by persons in- terested in Schools in that part of this Province called Upper Canada, in securing the titles to real property, for the use of s-uch Schools, for want of a corporate capacity to take and hold the same in perpetual succession; and whereas it is expedient Persons into- and proper to provide relief in such cases : Be it } &c., That it rested in any gna ii an( j ma y ^ e l aw f u l f or an y number of persons, residing in School in Up- J . . 11 i TT n 11 i per Canada, that part ot this Province called Upper Canada, who may be SSteefTto interested in any School established or to be established in any take convey- Town or Township therein, whether as parents of children frequenting such Schools, or as contributors to the same, or both, when, and as often as they may have occasion or be desirous to take a conveyance of real property for the use of such Schools, to elect from among themselves, and to appoint |,ee is Vic. c. an y number of Trustees, not exceeding seven nor less than five, to whom and to whose successors, to be appointed in such manner as shall be specified in the Deed of Conveyance, the real property requisite for such School may be conveyed ; and such Trustees, and their successors in perpetual succession, by ^ e name expressed in such Deed, shall be capable of taking, holding, and possessing such real property, and of commencing and maintaining any action or actions at law or in equity for the protection thereof, and of their right thereto : Provided Proviso. always, that there shall not be held in trust as aforesaid more than ten acres of land at any one time for any one School : Provided also, that nothing in this Act contained shall be construed to extend to Common Schools. &.And be it, &c., That such Trustees shall, within twelve calendar months after the execution of such Deed, cause the same to be registered in the Office of the Register of the County in which the land lies. THE MUNICIPAL MANUAL. 293 9 VIC. CAP. 38. An Act to empower Commissioners for inquiring into matters connected with the public business , to take evidence on oath. [9th June, 1846.] WHEREAS it frequently becomes necessary for the Executive preamble. Government to institute inquiries on certain matters connected with the good government of this Province ; and whereas the power of procuring evidence under oath in such cases would greatly tend to the public advantage as well as to afford pro- tection to Her Majesty's subjects from false and malicious tes- timony or representations: Be it, &c., That whenever the TheGover- Governor, Lieutenant Governor, or person administering the Jf n ?J 1 g p " Government of this Province, acting by and with the advice Commission- of the Executive Council thereof, shall cause inquiry to be n r ng f [nto qui " made into and concerning any matter connected with the good f**JJJ te government of this Province, or the conduct of any part of the tLVubiic public business thereof, or the administration of justice therein, fheSoYince and such inquiry shall not be regulated by any special Act, it may em- shall be lawful for the Governor, Lieutenant Governor, or person administering the government as aforesaid, by the com- mission to confer upon the Commissioners or persons by whom such inquiry is to be conducted, the power of summoning before them any party or witnesses, and of requiring them to give evidence on oath, orally or in writing, (or on solemn affirmation if they be parties entitled to affirm in civil matters,) and to produce such documents and things, as such Commis- sioners shall deem requisite to the full investigation of the matters into which they are appointed to examine, and the Commissioner shall then have the same power to enforce the attendance of such witnesses and to compel them to give evi- dence, as is vested in any Court of Law in civil cases; and wilfully any wilfully false statement made by any such witness on oath Se'nVt^be or solemn affirmation, shall be a misdemeanor punishable in perjury, the same manner as wilful and corrupt perjury : Provided Proviso. always, that no such party or witness shall be compelled to answer any question, by his answer to which he might render himself liable to a criminal prosecution. 2. And be it, &c., That this Act shall remain in force Continued until the first day of May, one thousand eight hundred and sfi^vSe forty-eight, and no longer. i7,is &14 M A 15 Vie. c. 68, 16 Vic. c. 151, 18 Vic. c. 85, and 22 Vic, c. 8L 294 THE MUNICIPAL MANUAL. Preamble. One third of Upper 9 VIC. CAP. 58. An Act for defraying the expenses of the Administration of Justice in Criminal matters in that part of the Province formerly Upper Canada. [9th June, 1846.] WHEREAS it is expedient to provide that the expenses of the administration of Criminal Justice in Upper Canada } now paid by local taxation, shall in time to come be paid out of the public funds of this Province, under the provisions here- inafter made i Be it, &c., That one-third of the expenses of the administration of Criminal Justice in that part of ^" s Province which formerly constituted the Province of Upper Canada, for and during the present year one thou- san(i ei ght hundred and forty-six, shall be paid out of the Provincial Consolidated Revenue Fund of this Province, that two thirds 1846, two of the expenses of the same for and during the year one thou- i847 d and the sanc ^ ^gh^ hundred and forty-seven, shall be paid out of the whole there- said Fund, and that, for and during each year thereafter, the whole of the said expenses shall be paid out of the said Fund ; and so much of any Act or Laws as may be inconsistent with this Act shall be and is hereby repealed. Accounts to *J. And be it, <&c., That all accounts of or relative to the such U manner said expenses of the administration of Criminal Justice, shall ^ e examined, audited, vouched, and approved under such re- gulations as the Governor, or person administering the Go- vernment of this Province shall, by and with the advice of Executive Council thereof, from time to time direct and ap- point. 3. And be it, &c., That the several heads of expense men- tioned in the Schedule to this Act, shall be deemed expenses o f f ne administration of Criminal Justice within the meaning of this Act. cii shall appomt. What shall expenses. SCHEDULE. CLERK OF THE PEACE. Furnishing annually, Lists of Constables to the sheriff, and Coroner, .......................... .................................. Making up Lists, pursuant to the Statute 4 and 5 Victoria, chapter 3, section 32, of persons qualified by law to serve as Jurors, residing within the limits ofeaph Division Court, specifying the place of residence and addition of each per- son, including the certificate and the transmission of the list to the Clerk of each Division Court, ..................... THE MUNICIPAL MANUAL. 295 Copies of Depositions or Examinations furnished to Prisoners or Defendants, or their Counsel, when proper to be fur- nished, and required by the party or his Counsel, under the Act 4 and 5 Victoria, chapter 24, sections 12 and 23, If payable by the Crmcn; and to be paid by ike Crown, or by the party applying, according to the nature of the case. Receiving and filing each Presentment of the Grand Jury,... If payable by the Crown, and to be paid by the Crown, or by the party, as the case may be. Arraigning each Prisoner or Defendant indicted, and record- ing plea, Empanelling and Swearing the Jury in every case, whether Criminal or otherwise, where by law a trial by Jury is to be had at the Quarter Sessions, and where no fee is fixed by Statute, Swearing each Witness for the prosecution, upon any trial by a Jury, or to go before the Grand Jury, Filing each Exhibit upon a trial, Charging the Jury with the Prisoner or Defendant, upon each indictment, Receiving and Recording each verdict of a Jury, in any case of trial by Jury, Recording each Judgment or Sentence of the Court, upon verdict or confession,., Making out and delivering to the Sheriff a Calender of the Sentences at each Court, Certified Copy of Sentences sent with the Prisoner to the Penitentiary, after each Session, Making up Record of Conviction or Acquittal, in any case where it may be necessary, If pay able by the Crown ; and to be paid by the Crown, or by the party, as the case may be. Discharging any Prisoner by Proclamation, Drawing out and taking each Recognizance to appear, either of Prosecutor, Defendant or Witness, Calling parties on tlieir Recognizances, and recording their non-appearance, Making out Lists of forfeited Recognizances and Fines, to submit to the Justices after each Quarter Sessions, in order to their being estreated, Entering any Order of Sessions to remit an estreat, and re- cording an entry of the same, 1296 THE MUNICIPAL MANUAL. If payable by the Crown ; and to be paid by the Crown, or by the party relieved, as tlie Justices may order. Drawing Order of the Justices to estreat and put in process,... Entering and extracting upon a Roll, in duplicate, the Fines, Issues, Amerciaments and forfeited Recognizances, recorded in each Session, making oath to the same, and transmitting it to the Sheriff, Making out and delivering to the Sheriff the Writ of fieri facias and capias thereon, Making out and certifying copy of Roll and Return of Sheriff, and transmitting it to Receiver General, , Making up Books of Orders of Sessions, declaring the limits of the Division Courts, and entering the times and places of holding the Courts, Making out and transmitting a copy thereof to the Govern- ment, Making out and transmitting copies (with letter) to the Clerk of each Division Court of the Divisions made by the Quar- ter Sessions, Drawing Orders of Sessions for altering the limits of Division Courts, Making out and transmitting copies of such Orders to the Government, Making out and transmitting copies of such Orders to each Division Court affected by the alteration, For each copy of Schedule of Division Courts, with the Order of Sessions for publication, Swearing each party to an Affidavit, where no charge is else- where provided for it, If payable by the Crown ; and to be paid by the Crown, or by the party for whom the Affidavit is sworn, according to the nature of the case. SHERIFF. Notice of appointment to the Associate Justices of Oyer and Terminer, Attending the Assizes, Attending the Quarter Sessions, Summoning each Grand Jury for the Assizes or Quarter Sessions, Summoning each Petit Jury for the Assizes or Quarter Ses- sions THE MUNICIPAL MANUAL. 297 For every Prisoner discharged from Gaol, having been com- mitted by Warrant for trial at the Aszes or Quarter Ses- sions, or Mayor's Court, < Bringing up each Prisoner for arraignment, trial and sentence, whether convicted or acquitted, Drawing Calender of Prisoners for Trial at the Assizes, in- cluding copies, Drawing Calender of Prisoners for trial at the Quarter Ses- sions, including copies, Advertising the holding the Assizes or Quarter Sessions, Every Annual or General Keturn, required by law, or by the Government, respecting the Gaol or the Prisoners therein, Every other Return made to the Government or to the Ses- sions, required by Statute or by order of the Court, Returning Precept to the Assizes or Sessions, Conveying Prisoners to the Penitentiary, or to another Dis- trict, and disbursements, If payable by the Crown ; and to be paid by the Crown, or by the party, as the case may be. Arrest of each individual upon a "Warrant, Serving Subposna for the Crown upon each person, Conveying Prisoners on Attachment or Habeas Corpus to another District, and disbursements, Making return upon Attachment or Writ of Habeas Corpus, Levying Fines or Issues on Recognizances estreated, and mileage, To be levied according to 8 Viet. chap. 38, sec. 2. Carrying into execution the Sentence of the Court in capital cases, Attending and superintending the execution in such cases,... Summoning each Constable to attend the Assizes or Sessions, Every notice to a Magistrate, under the Statute 8 Victoria, chapter 14, section 6, and mileage Keeping a Record of Jurors who have served at each Court, All disbursements actually and necessarily made in guarding Prisoners, or in their conveyance to the Penitentiary, to any other District or elsewhere, or for other purposes in the discharge of the duties of the Office, (when not provided for by law nor hereinbefore specifically,) to be allowed by the Justices in Sessions, 298 THE MUNICIPAL MANUAL. CORONER. Precept to summon Jhry, Empanelling a Jury, Summons for Witnesses, Information or Examination of each Witness, Taking every Recognizance, Necessary travel to take an Inquest, Taking Inquisition and making Return, Every Warrant, CONSTABLE. Arrest of each individual upon a Warrant, If payable by the Crown ; and to be paid byjthe Crown, or by the party, as the, case may be. Serving Summons or Subpoena, Mi leage, If payable by the Crown ; and to be paid by tlie Crown, or by tJit party, as the case may be. Attending Assizes or Sessions, Attending any Justice on the examination of Prisoners charged with any crime, If payable by the Crown ; and to be paid by the Crown, or by the party, as the case may be. Mileage in going to serve Summons or Warrant when the service has not been effected ; the Justices in Session to be satisfied that due diligence has been used, Taking Prisoners to Gaol, and disbursements necessarily expended in their conveyance, Summoning Jury for Inquest Attending Inquest for each day other than the first, Serving notice of appointment of Constables, when personally served, CRIER. Making Proclamation for opening or adjourning the Courts of Assize and Nisi Prius, Oyer and Terminer, and General G-aol Delivery and Quarter Sessions, Making every other Proclamation, Calling and Swearing Grand Jury, Calling and Swearing every Petit Jury, THE MUNICIPAL MANUAL. 299 Calling and Swearing every Witness or Constable, Attending Assizes and Quarter Sessions OTHEE MATTERS. The maintenance of Prisoners confined upon Criminal charges, A proportion of the Salary of the Gaoler of each District Gaol, and of the payment of Turnkeys, , , Medicines, Fuel and other similar necessaries for the Gaol, and the Prisoners confined on Criminal charges, Disbursements in transporting Prisoners to the Penitentiary, and for carrying other Sentences of the Courts into effect, Together with all other charges relating to Criminal Justice payable to the foregoing Officers specially authorized by an Act of the Legislature, and heretofore payable out of Dis- trict funds, 10 & 11 VIC. CAP. 12. An Act to amend the Laws relative to the appointment of Special Constables , and the better preservation of the Peace. [28th July, 1847.] WHEREAS it is expedient to amend the laws relative to the preamble, appointment of Special Constables, and to make other provi- sions for the better preservation of the public peace in that part of this Province formerly Upper Canada : Be it, &c. y That Any two or in all cases .where it shall be made to appear to any two or more moreJusticea Justices of the Peace of any District, City or Town in this empowered* Province, upon the oath of any credible witness, that any g'gjjf 1 ^ tumult, riot or felony has taken place or is continuing, or may stables in be reasonably apprehended in any Parish, Township, Town or of r app"ehST place situate within the limits for which the said respective on of riot, Justices usually act, and such Justices shall be of opinion that e ony ' the ordinary officers appointed for preserving the peace are not sufficient for the preservation of the peace and for the pro- tection of the inhabitants and the security of the property in any such Parish, Township, Town or place as aforesaid, then and in every such case such Justices or any two or more Justices acting for the same limits are hereby authorized to nominate and appoint, by precept in writing under their hands, so many Wlao ba as they shall think fit of the householders or other persons appointed, (not legally exempt from serving the office of Constable) re- siding in such Parish, Township, Town or place as aforesaid, or in the neigborhood thereof, to act as Special Constables for such time and in such manner as to the said Justices respec- tively shall seem fit and necessary, for the preservation of the 300 THE MUNICIPAL MANUAL. public peace and for the protection of the inhabitants and the security of the property in such Parish, Township, Town or SuchJustices place } and the Justices of Peace who shall appoint any Spe- Sranoath of ^ Constables by virtue of this Act, or any one of them, or office to the any other Justice of the Peace acting for the same limit, appointed! are and is hereby authorized to administer to any person so appointed the following Oath, that is to say : Form of the " I> A. B., do swear that I will well and truly serve our < Sovereign Lady the Queen in the office of Special Constable for the of , without favour or affection, malice, or ill will ; and that I will to the best of my power cause the peace to be kept and preserved, and will prevent all offences against the persons and properties of Her Majesty's subjects; and that while I continue to hold the said office, I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law : So help me God." Proviso : Provided always, that whenever it shall be deemed necessary SchTppoint- * nora i na te and appoint such Special Constables as aforesaid, ment to be notice of such nomination and appointment, and of the cir- Provinciai cumstances which have rendered such nomination and appoint- fiecretary. ment expedient shall be forthwith transmitted by the Justices making such nomination and appointment, to the Secretary of the Province. Justices may And 'be it, <&c., That the Justices of the Peace who Son? touch*" S ^ a ^ nave appointed any Special Constables under this Act, ing such or any two of them, or the Justices acting for the limit within cSabies. which such Special Constables shall have been called out, at a Special Session of such last-mentioned Justices, or the major part of such last-mentioned Justices at such Special Session, shall have power to make such orders and regulations as may from time to time be necessary and expedient for rendering such Special Constables more efficient for the preservation of And may the public peace, and shall also have power to remove any ofThem. any sucn Special Constable from his office for any misconduct or neglect of duty therein. Powers of 3. And be it, &c., That every Special Constable appointed SStabSsf under tnis Act snall > not on ly within the Parish, Township, and local ' Town or place for which he shall have been appointed, but a l so throughout the entire jurisdiction of the Justices so ap- pointing him, have, exercise and enjoy all such powers, authorities, advantages and immunities, and be liable to all such duties and responsibilities, as any Constable duly ap- pointed now has by virtue of any law or statute whatsoever. THE MUNICIPAL MANUAL. 301 4. And be it, &c., That where any Special Constables such Special appointed under this Act shall be serving within any District, may a a c ?in and two or more Justices of the Peace of any adjoining dis- an adjoining trict shall make it appear to the satisfaction of any two or certain ca'ses, more Justices of the Peace acting for the limits within which an< J VP n i * ' i /i 11 I-LI T certamorder such Special Constables are serving, that any extraordinary circumstances exist which render it expedient that the said Special Constables should act in such adjoining District, then and in every such case the said last mentioned Justices are hereby authorised (if they shall think fit) to order all or any of the said Special Constables to act in such adjoining District, in such manner as to the said last mentioned Justices shall ^ _ seem meet ; and every such Special Constable, during the District. 1 time that he shall so act in such adjoining District, shall have, exercise and enjoy all such powers, authorities, advantages and immunities, and be liable to all such duties and responsi- bilities, as if he were acting within the Parish, Township, Town or place for which he was originally appointed. 5. And be it, &c., That if any person being appointed a Penalty on Special Constable as aforesaid, shall refuse to take the oath JJSJJJ and hereinbefore mentioned when thereunto required by the Jus- refusing to tices of the Peace so appointing him, or by any two of them, jth. or by any other two Justices of the Peace acting for the same limits, he shall be liable to be convicted thereof forthwith be- fore the said Justices so requiring him, and to forfeit and pay such sum of money not exceeding five pounds as to the said Justices so requiring him shall seem meet ; and if any per- or to appear son being appointed a Special Constable as aforesaid shall neg- J* ^{Jjf 8 lect or refuse to appear at the time and place for which he for taking shall be summoned for the purpose of taking the said oath, suchoath - he shall be liable to be convicted thereof before the Justices so appointing him or any two of them, or before any other two Justices of the Peace acting for the same limits, and to forfeit and pay such sum of money not exceeding five pounds as to the convicting Justices shall seem meet, unless such g u ffid e nt person shall prove to the satisfaction of the said Justices that ^ C1 jf e may he was prevented by sickness or such other unavoidable acci- dents as shall in the judgment of the said Justices be a suffi- cient excuse. G. And be it, <&c., That if any person being appointed a penalty for Special Constable as aforesaid, and being called upon to serve, shall neglect or refuse to serve as such Special Constable, or to orders? obey such lawful orders or directions as may be given to him for the performance of the duties of his office, every person so offending shall, on conviction thereof before any two Justices 302 THE MUNICIPAL MANUAL. of the Peace, forfeit and pay for every such neglect or refusal such sum of money not exceeding five pounds, as to the said Justices shall seem meet, unless such person shall prove to the satisfaction of the said Justices that he was prevented by sick- ness or such other unavoidable accident as shall in the judgment of the said Justices be a sufficient excuse. 7, And be it, &c., That the Justices who shall have ap- pointed any Special Constables under this Act, or the Justices acting for the limits within' which such Special Constables shall have been called out, at a Special Session to be held for that purpose, or the major part of such last mentioned Justi- ces at such Special Session, are hereby empowered to suspend or determine the service of all or any of the Special Constables so called out as to the said Justices respectively shall seem meet ; and notice of such suspension or determination of the services of all or any of the said Special Constables shall be forthwith transmitted by such respective Justices to the Sec- retary of the Province. 8. And ~be it, &c., That every such Special Constable shall, within one week lifter the expiration of his office, or after he shall cease to hold or exercise the same pursuant to this Act, deliver over to his successor (if any such shall have been ap- pointed, or otherwise to such person and at such time and place as may be directed by any Justice of the Peace acting for the limits within which such Special Constable may have been called out) every staff, weapon and other article which shall have been provided for such Special Constable under this Act ; and if any such Special Constable shall omit or refuse so to do, he shall on conviction thereof before two Justices of the Peace forfeit and pay for such offence such sum of money not exceeding two pounds as to the convicting Justices shall seem meet. 0. And be it, &c., That if any person shall assault or resist any Constable appointed by virtue of this Act while in the execution of his office, or shall promote or encourage any other person so to do, every such person shall, on conviction thereof before two Justices of the Peace, forfeit and pay for such of- fence any sum not exceeding ten pounds, or shall be liable to such other punishment upon conviction on any indictment or information for such offence, as any persons are by law liable to for assaulting any Constable in the execution of the duties of his office. Special con- 1O. And be it, &c., That the Justices of the Peace acting fr> r the limits within which such Special Constables shall have Sufficient excuse may be allowed. Justice may suspend or determine the services of Special Constables, Notice to be sent to the Provincial Secretary. Special Con- stables to deliver up their staves, Ac., when discharged. Penalty for refusal or neglect. Punishment of persons assaulting Special Con- stables or encouraging others to do THE MUNICIPAL MANUAL. 308 been called out to serve, at a Special Session to be held for certain sum that purpose, or the major part of the Justices at such Special thek Slices Session, are hereby empowered to order from time to time such reasonable allowances for their trouble, loss of time and ex- penses (not however to exceed five shillings per diem) to be paid to such Special Constables who shall so have served or be then serving, as to such Justices or to such major part of them shall seem proper; and the Justices so ordering shall make TO be paid by every order for the payment of such allowances and expenses *J theMuni- r upon the Treasurer of the District or other Municipal division cipaiity. within which such Special Constables shall have been called out to serve, who is hereby required to pay the same out of any moneys in his hands at the time ; and the said Treasurer shall be allowed the same in his accounts, and the sum shall be provided for by the Council of the District or other Muni- cipality wherein the expense shall arise. 11. And be it, &c., That the Justices of the Peace assem- Special ses- bled at any Special Session for any of the purposes mentioned a^ournS.^ in this Act, shall have power to adjourn the same from time to time as they shall think proper; and that every Special They shall Session which shall have been actually holden for any of the un^f^e" 8 * 1 purposes mentioned in this Act, shall be deemed and taken to contrary be have been legally holden until the contrary be proved. 10 & 11 VIC. CAP. 18. An Act to extend the provisions of the Marriage Act of Upper Canada to Ministers of all denominations of Christians. [28th July, 1847.] WHEREAS divers inhabitants of that part of the Province Preamble, called Upper Canada, of various Religious Denominations of Christians not enumerated in the third Section of an Act Act of u. c. passed by the Legislative Council and Assembly of the late Province of Upper Canada, in the eleventh year of the Reign of His late Majesty, King George the Fourth, and assented to by His late Majesty, King William the Fourth, in the first year of His Reign, intituled, An Act to make valid certain Marriages heretofore contracted, and to provide for the future selemnization of Matrimony in this Province, have, by their Petitions, prayed that their respective Ministers may be autho- rized to solemnize Marriages ; and it is just and expedient to grant the prayer of such Petitions : Be it, &c., That all the Powers powers, privileges and advantages by the Act first above cited conferred upon or vested in any Clergyman or Minister of any to Ministers of the several Religious Denominations mentioned in the third nomination* 304 THE MUNICIPAL MANUAL. extended to section of the said Act shall be and the same are hereby con- J3 denom? ferred upon and vested in any Clergyman or Minister of any nations of Religious Denomination of Christians whatever, as fully and effectually to all intents and purposes, and on the same condi- tions and restrictions, and subject to all the penalties imposed by the said Act for any contravention of the provisions thereof, as if such Religious Denominations of Christians had been among the number of the Religious Denominations mentioned in the said third Section. On what con- 2. And be it, &c. y That no Clergyman or Minister of any isteraXwiibe ^ ^ e seyera ^ Religious Denominations mentioned in the third entitled to Section of the said recited Act, or of those to whom this Act " s< refers, shall be entitled to the benefit of either of the said Acts Oath of unless he be a subject of Her Majesty, and shall have taken tiiegiance. ^ Q ^^ Qr a ffi rma ^ on O f allegiance before the Registrar of the County in which he shall officiate as such Clergyman or Min- ister, which oath or affirmation, the said Registrar is hereby authorized and required to administer, and unless he shall also at the time of taking such oath or affirmation as aforesaid, pro- duce to such Registrar evidence of his being a recognized Clergyman or Minister of the Religious Denomination to which Certificate of he professes to belong, which evidence shall consist of a Certi- ?Jthl ntment ficate fr m the Bishop, Moderator of Presbytery, Clerk of Con- Ministry, ference, Church-wardens, Trustees or Managers, as the case may be, of the body to which such Clergyman or Minister may belong, that he is a recognized Clergyman or Minister of such Denomination, and has been set apart according to the rules and discipline of such Denomination, as a recognized Minister thereof, and the said Registrar is hereby authorized and required to grant to such Clergyman or Minister, a Certificate of his having conformed to the provisions of this Act. Registrar to 3, And be it, &c., That the said Registrar shall keep a ofthetaSg Registry of such oaths or affirmations of allegiance and certifi- ofaUe^nce 1 cates > an( * f certificates by him granted thereupon, in which ' shall be entered true copies of the same, and for all of which he shall be entitled to the sum of five shillings. to affect per- 4. And be it, &c., That nothing in this Act shall affect in titled"?^ en " an J wa J the authority to celebrate Marriage now vested in any celebrate person under the provisions of the above recited Act. marriage. it shall here- >. And be it, &c., That from and after the passing of this requisite for ^ ct ' * fc s ^ a ^ no l n g er ^ e necessary for any Clergyman or any Minister Minister of any of the Denominations mentioned in the said forethe" be ~ recited Act, to give proof of his ordination, constitution or Court of appointment as such j^nister, before any Court of Quarter THE MUNICIPAL MANUAL. 305 Sessions according to the requirements of that Act, or to obtain Quarter any certificate from such Court, but his compliance with/ the provisions of this Act shall to all intents and purposes be equivalent to the same. 6. Provided always, and be it, &c., That this Act shall ^ c *^ extend only to that part of this Province which formerly con- tJ upper* 1 y stituted the Province of Upper Canada. Canada - 10 & 11 VIC. CAP. 20. An Act to amend, explain and continue an Act passed in the seventh year of the Reign of Her Majesty, intituled, "An Act to prevent obstructions in Rivers and Rivulets in Upper Canada." [28th July, 1847.] WHEREAS doubts have arisen as to the true construction Preamble, and meaning of an Act passed in the seventh year of the Reign 7 Vic. c. se, of Her Majesty, intituled, An Act 'to prevent obstructions in cited% Rivers and Rivulets in Upper Canada, and it is necessary that the meaning and intent of the said recited Act should be declared, and that the same should be amended and continued : Be it, &c., That any person who shall throw into any river, Penalty on rivulet or water-course, or any owner or occupier of a mill stTucting^ who shall suffer or permit to be thrown, in that part of this rivers or Province hitherto known as Upper Canada, any slabs, bark, u. 8 S waste stuff or other refuse of any saw-mill (except saw dust) or any stumps, roots, shrubs, tan-bark or waste-wood, timber, or leached 'ashes, or any person or persons who shall fell or Seei4&i5 caused to be felled, in or across any such river, rivulet, or Vic. cap. 123. water-course, any timber or growing or standing tree or trees, and shall allow theisame to remain in or across such river, rivu- let or water-course, shall thereby incur a penalty not exceeding Toberecove- five pounds and not less than one shilling for each day during rabl eithe -.. \ fc. i in i manner pro- which such obstruction shall remain in, over, or across such videdby4& river, rivulet or water-course, over and above all damages which 5 Vlc> c> 26> shall arise therefrom ; and that such penalty and damages shall and may be respectively recovered with costs, in a summary way, before any one or more of the Justices of the Peace for the District, in the manner provided by the Act passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act for consolidating and amending the Laws in this Province relative to malicious injuries to property ; Provided always, that nothing herein contained Proviso: shall extend or be construed to extend to any dam, weir or ^4^0 bridge erected in or over any such river, rivulet or water-course dams, weirs w 306 THE MUNICIPAL MANUAL. or bridges, or or to anything done bona fide in the erection or for the pur- bridges! ed as P OS of the erection of any such dam, weir or bridge, or to any tree cut down or felled across any such river, rivulet or water- course for the purpose of being used as a means of passage from one side of any such river, rivulet or water-course to the Provided other : Provided always further, that such tree shall not be does not 9 suffered to lie across such river, rivulet or water-course in such obstruct the a manner as to impede the flow of water or the passing; of rafts water or the ,, -n j j i it. A e of in the same ; Provided also, that no obstruction happening &c. without the wilful default of, or in the bona fide exercise by an ? P art J f ^ s rights, shall occasion to the party any fine or not wilful, forfeiture unless upon default to remove such obstruction after notice and reasonable time afforded for that purpose. &.And be it, <6c., That all the provisions of the Act hereby penalties amended, shall apply to the penalties and the mode of enforcing Act. r tMs payment and the appropriation thereof, and to all the proceed- ings under this Act. Duration of 3. And be it, (&c., That this Act and the Act hereby Sth^Act nd amended and explained, shall be and continue and remain in amended. force for the full term of four years from the passing hereof, and thence until the end of the then next Session of the Pro- vincial Parliament and no longer. 10 & 11 VIC. CAP. 52. An Act to divide the Township of Plantaganet in the Ottawa District, into two Townships. [9th July, 1847.] Township of Plantaganet divided into two Townships, to be called North and South Plantaganet. 10 & 11 VIC. CAP. 54. An Act to declare the mode in which the side lines of the lots in the Township of Osgoode, in the County of Carleton, shall be run. [28th July, 1847.] Mode in which the side lines in Osgoode are to be run. 12 VIC.-^-CAP. 5. An Act for the letter management of the Public Debt, Ac- counts, Revenue andproperty. [25th April, 1819.] Governor in 1&. And be it, <&c., That it shall be lawful for the said Council may Q- overnor j n Council to enter into arrangements with any of THE MUNICIPAL MANUAL. 307 the Municipal or District Councils, or other Local Corpora- arrange for tions or Authorities, or with any Company in Lower or Up- $ ^SJJ fer per Canada, incorporated for the purpose of constructing or public works holding such works, or works of like nature in the same sec- authorities. tion of the Province, for the transfer to them of any of the Public Roads, Harbours, Bridges or Public Buildings, which it may be found more convenient to place under the manage- ment of such local Authorities or Companies, and on the com- pletion of such arrangements, to grant (and by so granting, to transfer and convey) for ever, or for any term of years, all or any of such Roads, Harbours, Bridges or Public Buildings, to the District or Municipal Council, or other Local Autho- rity or Company with whom such arrangement may have been made (hereinafter called the Grantee,) and upon such terms- and conditions as may have been agreed upon, and that all monies payable to the Province under the terms of any such grant, shall be carried to the credit of the Sinking Fucd and form part thereof. 13. And be it, &c., That any such grant, as aforesaid, of Transfer to any of the said Public Works, may be made by Order of the J* eff cte .a >s <-* ! -iTi-i'i /-, i >-i -i by order in Governor in Council, published in the Canada Gazette ; and council. by such Order, any or all of the powers and rights vested in the Crown or in the Governor in Council, or in any Officer or Repartment of the Provincial Government, with regard to the seeis &u Public Work thereby granted, may be granted to and vested 2S5 1 *' 14 in the Grantee to whom the Public Work itself is thereby granted; and such order in Council may contain such condi- Whatprovi- tions, clauses, restrictions and limitations as may be agreed orderin Ch upon as aforesaid, which, as well as all the provisions of Council may. such Order in Council, shall, (in so far as they shall not be inconsistent with this Act, and shall not purport to grant any right or power which shall not be immediately before the mak- ing of such Order in Council vested in the Crown or in the Governor in Council, or in some Officer or Department of the Provincial Government,) have full force and shall be obeyed, as if they had been contained in this Act, and had been con- tained in this Act, and had made part of the enactments thereof; and any such Order in Council may, with the Revocation consent of the Grantee, be revoked or amended by any subse- quent Order in Council published as aforesaid; and a copy of lowed with the Canada Gazette containing any such Order in Council gmntee,&c. shall be evidence thereof, and the consent of the Grantee Evidence of- thereto shall be presumed unless disputed by such Grantee, 8l and if disputed, shall be proved by any copy of such Order in Council on which the consent of the Grantee thereto shall ;be 308 THE MUNICIPAL MANUAL. work* written and attested by such signature or seal, or both,, as would be sufficient to make any Deed or Agreement the Deed Proviso as to or Agreement of such Grantee: Provided always, That n-o- XfenciTre?a- thing in this Act or in any Order in Council to be made under v hlic **' s ^ a ^ k e constructed to exempt any person from any punish- ment or penalty imposed by any Act or Law or under the au- thority of any Act or Law, for any offence relative to any pub- lic Work or Works, but so much of any such penalty as would otherwise belong to the Crown, shall, if it be so provided in the Order in- Council, belong to the Grantee under such Order otherwise it shall belong to the Crown, but this shall not pre- vent the repeal or alteration by the Grantee, of any such- pen- alty imposed by the Governor in Council under the authority of any Act, if the power to repeal or after the same be trans- ferred in the manner aforesaid,, to such Grantee, or by the Governor in Council with the consent of the Grantee, if such power be not so transferred. Preamble. This Act to be put in force tempo- rarily by proclamation when the province is threatened with any formidable epidemic, Ac. 12 VIC. CAP. 8. An Act to make provision for the preservation of the Public Health in certain emergencies. [25th April, 1849.] WHEREAS it is expedient to make special provision for the protection of the Public Health in cases when the Province shall be visited by epidemic, endemic or contagious diseases, by enabling the Governor of this Province in Council, to issue orders and adopt measures at any time for that purpose - y an-d whereas it is advisable to intrust the selection of the local agents in the execution of such measures to the Municipal bodies in the various localities which may from time to time be interested therein : Be it, &c., That whenever this Province, or any part thereof, or place therein, shall appear to be threat- ened with any formidable epidemic, endemic or contagious disease, the Governor of this Province may by Proclamation, to be by him from time to time issued by and with the advice and consent of the Executive Council of this Province,' de- clare this Act to be in force in this Province, or in such part thereof, or place therein as may be mentioned in such Procla- mation ; and the same shall thereupon become and be in force accordingly : and his Excellency may in like manner from time to time, as to all or any of the parts or places to which any such Proclamation may extend, revoke or renew any such Proclamation; and, subject to revocation and renewal as afore- said, every such Proclamation shall have effect for six calendar THE MJFNICrPAL MANUAL. 309 months, or for such shorter period as in such Proclamation -shall be expressed. 2. And be it, &c., That from and after the issuing of any ActofU.c. such Proclamation, and whilst the same shall continue in fo^sSpena-' force, the first, second and sixth sections of the Act of the ed in part as Legislature of Upper Canada, passed in the fifth year of the affect2uw reign of his late Majesty King William the Fourth, intituled, ^ t l J ^ ocla " An Act to promote the Public Health, and to guard against infectious diseases in this Province, and so much of the fourth section thereof as provides for the trial and punishment of any person accused of wilfully disobeying or resisting any lawful Order of any Health Officers duly appointed under the said Act, or of wilfully resisting or obstructing such Health Officers in the execution of their duties, shall be and the same are hereby suspended as to every place mentioned in such Procla- mation, or being within any part of this Province designated therein or included thereby : Provided always, That any per- p ro -viso, son accused of having wilfully disobeyed or resisted such Order, or resisted, or obstructed such Officer before the issuing of any such Proclamation, may nevertheless be tried and dealt with as if such Proclamation had not been issued. 3. And be it, &c., That from time to time after the issuing After igsu . of any such Proclamation, and whilst the same shall continue ing such pro- to have effect, it shall be lawful for the Governor of this theGoreS Province, to appoint by commission, under his hand and seal, or * y a five or more persons, to be and to be called " The Central "Ktnd Board of Health," and to have and execute all the powers H e aith? and duties vested in or imposed on such Board by this Act, and also, such and so many Officers and Servants as he may deem necessary to assist such Board in the execution of its powers and duties; and his Excellency may from time to time at his pleasure remove all or any of the persons so appointed, and appoint others in their stead ; and the powers and duties vested in or imposed on the said Board by this Act, may be exercised and executed by any three members thereof; and during any vacancy in the said Board, the continuing mem- bers or member thereof, may act as if no vacancy had occur- red; and every such Commission shall ipso facto be revoked or determined by the revocation of the Proclamation under which it issued as to all the parts and places mentioned in such Proclamation, or by the expiration of six calendar months from the date of such Proclamation, or of such shorter period as may have been expressed in such Proclamation, unless in either case such Proclamation be renewed as to all or some of such parts and places. 310 Chief muni- cipal officer of every place affect- ed by such proclamation to take steps for constitut- ing a " Local Board of Health." "Who may be members of Local Boards of Health. Special meet- ing for their election to bo called within a certain time after written requisition from inhabi- tant house- holders. If no meet- ing called within the prescribed time The Gover- nor may appoint Local Board. Proviso. THE MUNICIPAL MANUAL. 4. And be it, &c., That from time to time after the issu- ing of any such Proclamation, and whilst the same shall con- tinue to have effect, it shall be lawful for the Mayor, Town Reeve, or other Head of the Municipal Corporation, Inspect- ing Trustee, or ot,her Chief Municipal Officer, of any and every place mentioned in such Proclamation, or being within any part of this Province designated therein or included thereby, to call a special meeting of the Council or other Municipal Corporation, or of the Police Trustees of such place over which he presides, for the purpose of nominating, and such Municipal Corporation or Police Trustees are hereby authorized and required to nominate accordingly not less than three persons, being residents within the limits of their res- pective jurisdictions, or, in the case of a City, Town or Village, within seven miles thereof, to be and to be called "The Local Board of Health" for such place; and such Mayor, Town Reeve, or other Head of such Municipal Corporation, Inspect- ing Trustee, or other Chief Municipal Officer, is hereby ex- pressly required and enjoined to call such special meeting within two days from the receipt of a written requisition to that effect, signed by ten or more inhabitant householders of the place under the jurisdiction of the body over which he presides, on pain of being personally liable to the penalty hereinafter mentioned ; and if at any time after the issuing of any such Proclamation, and whilst the same shall continue to have effect, it shall be certified to the Governor of this Pro- vince, by any ten or more inhabitant householders of any place mentioned in such Proclamation, or being within any part of this Province designated therein, or included thereby, that the Mayor, Town Reeve, or other Head of such Munici- pal Corporation, or Inspecting Trustee, or other Chief Muni- cipal Officer of such place, has failed to comply with such requisition as aforesaid, within such time as aforesaid, it shall thereupon become and be lawful for his Excellency in Coun- cil, forthwith to appoint not less than three persons resident within the limits of such place, or, in the case of a City, Town or Village, within seven miles thereof, to be and to be called " The Local Board of Health" for such place : Provided always, that every nomination or appointment of a Local Board of Health, under this Act, shall ipso facto be revoked or determined by the revocation, as to the place within the limits of which such Local Board shall be authorized to act, or as to any part of this Province in which the same shall be included, or the whole of this Province, as the case may be, of the Proclamation under which such Local Board shall have been nominated or appointed, or by the expiration of six THE MUNICIPAL MANUAL. 311 calendar months from the date of such Proclamation, or of such shorter period as may have been expressed in such Pro- clamation, unless in either case such Proclamation be renewed as to such place, or any part of this Province in which the same shall be included, or the whole of this Province, as the case may be. 5. And be it, &c., That the Central Board of Health, or central any three or more members thereof, may from time to time J^ithma issue such directions or regulations as they shall think fit, for issue reguia- the prevention, as far as possible, or mitigation of such epi- SSeciSsfor demic, endemic or contagious diseases, and revoke, renew, or the preven- alter any such directions or regulations, or substitute such gSJon'o? 1 * new directions and regulations as to them or any three of them disease, may appear expedient; and the said Board may by such direc- Tenor of tions and regulations provide for the frequent and effectual cleansing of streets, by the Surveyors or Overseers of high- ways and others intrusted by law with the care and manage- ment thereof, or by the owners or occupiers of houses and tenements adjoining thereto; and for the cleansing, purifying, ventilating and disinfecting of houses, dwellings, churches, buildings and places of assembly by the owners and occupiers, and persons having the care and ordering thereof, for the removal of nuisances, for the speedy interment of the dead, and generally for preventing or mitigating such epidemic, endemic or contagious diseases, in such manner as to the said Central Board may seem expedient ; and the said Central Board may by any such directions and regulations, authorize and require the Local Boards of Health to superintend and see to the execution of any such directions and regulations, and (where it shall appear that there may be default or delay in the execution thereof, by want or neglect of such Survey- ors or others intrusted as aforesaid, or by reason of poverty of occupiers, or otherwise) to execute or aid in executing the same within their respective limits, and to provide for the dispensing of medicines, and for affording to persons afflicted by or threatened with such epidemic, endemic or contagious diseases, such medical aid as may be required, and to do and provide all such acts, matters and things as may be necessary for superintending or aiding in the execution of such direc- tions and regulations, or for executing the same, as the case may require; and the said Central Board of Health, may also Theyma y by any such directions and regulations authorize and require extend to the Local Boards of Health, in all cases in which diseases of a the removal malignant and fatal character, shall be discovered to exist in J^Kheir any dwelling-house or out house, temporarily occupied as a dwellings, 312 THE MUNICIPAL MANUAL. under cer- dwelling, situated in an unhealthy or crowded locality, or be- 8tances C and % * n a neglected or filthy state, in the exercise of a sound placing them discretion, and at the proper costs and charges of such Local tents!* 18 r Boards of Health, to compel the inhabitants of any such dwell- ing-house or out-house, to remove therefrom, and to place them in sheds or tents, or other good shelter, in some more salubrious situation, until measures can be taken, by and under the directions of the Local Boards of Health, for the immediate cleansing, ventilation, purification and disinfection of the said TO what dwelling-house or out-house ; and the directions and regula- regXtfons 6 tions to be issued as aforesaid, shall extend to all parts or shall extend; places, in which this Act shall, for the time being, be put in force under such Proclamations as aforesaid, unless such direc- tions and regulations shall be expressly confined to some of such parts or places, and then to such parts or places as in such directions and regulations shall be specified, and (sub- ject to the power of revocation and alteration herein contained) long they shall continue in force so long as this Act shall be in force thmeTn 1 under such Proclamation, in the parts or places to which such force. directions and regulations shall under this provision extend. Members of 6. And le it, <&c., That the Members of the said Local Local Boards Boards of Health shall be called Health Officers, and that any of Health to , , ' J be called two or more of them acting in the execution or any such di- cers lth ffi rections or regulations as aforesaid, at reasonable times in the day-time may and they are hereby empowered to enter and in- spect any dwelling or premises, if there be ground for believing that any person may have recently died of any such epidemic, endemic, or contagious disease in any such dwelling or premi- ses, or that there is any filth or other matter dangerous to health therein or thereupon, or that necessity may otherwise exist for executing in relation to such dwelling or premises, all or any cf such directions and regulations as aforesaid ; and And may in case the owner or occupier of any such dwelling or premises enter dwell- s h a ii neglect or refuse to obey the orders given by such Health taincaseT" Officers, in pursuance of such directions and regulations, it And call for saa ^ be lawful for such Health officers to call to their assist- . assistance to ance all Constables and Peace Officers, and such other persons Sanceto 118 " as ^J mav think fit, and to enter into and upon such dwell- their lawful jng^ or premises, and to execute or cause to be executed necessary, therein or thereupon such directions and regulations, and to remove therefrom and destroy whatsoever in pursuance of such directions and regulations it may be necessary to remove and destroy, for the preservation of the public health. Expenses of 7". And le it, (fcc. That the expenses incurred by the said Boar?to be Central Board of Health shall be defrayed out of any monies THE MUNICIPAL MANUAL. 313 which may from time to time be appropriated by the Provin- defrayed by cial Parliament for that purpose from the Consolidated Reve- thepr01 nue Fund of this Province ; and that the expenses incurred by Those of the said Local Boards of Health in the execution or in super- jj;jj g by intending the execution of the directions and regulations of th respec- the Central Board shall be defrayed and provided for in the t j s e same manner and by the same means as any expenses incur- red by the Municipal Corporations, Councils, or other Muni- cipal Bodies or of having jurisdiction over the respective places for which Such Local Boards of Health shall have been nominated or appointed now are at any time hereafter may be by law required to be defrayed and provided for. 8. And be it, &c., That no direction or regulation of the Regulations said Central Board of Health, shall have any force or effect ^J^be until the same shall have been sanctioned and confirmed by sanctioned 6 the Governor of this Province in Council, and shall thereafter JermJ ^nd have been published in the Canada Gazette ; and every Procla- published in mation of the Governor of this Province in Council under this SSS?. ada Act shall also be published in the Canada Gazette ; and such Publication publication of any such Proclamation, direction or regulation to be evi - shall be conclusive evidence of the Proclamation, direction or sanction, &c. regulation so published, and of the sanction and confirmation of such direction or regulation as aforesaid, and of the dates thereof respectively to all intents and purposes ; and every such Prociama- Proclamation, direction and regulation shall forthwith upon under IMS the issuing thereof be laid before both Houses of the Provin- ^' f j r e e cial Parliament if the said Parliament be then sitting, and if Parliament. not, then within fourteen days, next after the commencement of the then next Session of the said Parliament. O. And be it, <&c., That upon the issuing and publication of any such directions and regulations as aforesaid, and whilst the same shall continue in force, all by-laws made by the Town Council, Municipal Corporation, or other like Body of any place, to which the same or any of them may relate for pre- serving the inhabitants thereof from contagious diseases, or force. for any other of the purposes for which such directions and regulations are by this Act required to be issued, shall become and be suspended; and upon, from and after the nomination or appointment, and during the existence, of a Local Board of Health, under this Act for any such place, any Board of Health or Health Officer, or other like Officer, or any Com- mittee appointed under any such by-law, shall be and remain deprived and relieved of all and every the powers, authorities and duties conferred and imposed upon him or them by any such by-law; but in any interval which may occur between. Proviso. 314 THE MUNICIPAL MANUAL Penalty on persons ob- structing the execution of this 'Act, or rfuing to comply with its require- ments or with (he regulations of the Cen- tral Board of Health. To be recov- ered before two Justices. Who may commit the offender to gaol in certain cases. Application of penalties. Proviso. Certiorari takenaway. the issuing of such directions and regulations, and the nomi- nation or appointment of such Local Board of Health, he or they may, and shall exercise and perform such powers, au- thorities and duties in conformity with such directions and regulations, and shall and may act in every respect as if he or they were a Local Board of Health nominated or appointed under this Act. 10. And be it, &c., That whosoever shall wilfully ob- struct any person acting under the authority or employed in the execution of this Act, or who shall wilfully violate any direction or regulation issued by the Central Board of Health under this Act, or shall neglect or refuse to comply with such directions or regulations, or with the requirements of this Act in any matter whatsoever, shall be liable, for every such offence to a penalty not exceeding five pounds, to be recovered by any person before any two Justices, and to be levied by distress and sale of the goods and chattels of the offender, together with the costs of such distress and sale, by Warrant under the hands and seals of the Justices before whom the same shall be recovered, or any other two Justices ; and in case it shall ap- pear to the satisfaction of such Justices, before or after the issuing of such Warrant, either by the confession of the offend- er or otherwise, that he hath not goods and chattels within their jurisdiction sufficient to satisfy the amount, they may commit him to any Gaol or House of Correction for any time not exceeding fourteen days, unless the amount be sooner paid in the same manner as if a Warrant of Distress had issued, and a return of nulla bona had been made thereon; and all penal- ties whatsoever recovered under this Act shall be paid to the Treasurer, and applied in aid of the rates or funds, of the place in which such penalties may have been incurred respectively : Provide! always nevertheless, that all offences committed against this Act or any of the provisions therein contained, while the same shall be in force in this Province or in any part thereof, shall and may be prosecuted, and the parties commit- ting the same convicted and punished therefor, as herein pro- vided, as well after as during the time that this Act shall be declared to be in force in or by any such Proclamation or Pro- clamations as aforesaid. 11. And be it, c&c., That no Order nor any other proceed- j,^ matter or thing, done or transacted in, or relating to the execution of this Act shall be vacated, quashed or set aside for want of form, or be removed or removable by Certiorari, or other Writ or Process whatsoever, into any of the Superior Courts in this Province. THE MUNICIPAL MANUAL. 315 IS. And be it, d*c., That in this Act the following words interpreta- and expressions shall have the meanings hereinafter assigned taJn words, to them, unless such meanings be repugnant to or inconsistent with the context, that is to say : the words "Governor of this Province/' or " His Excellency" shall mean the Governor, Lieutenant-Governor, or person administering the Government of this Province for the time being; the words " Governor of this Province in Council," shall mean the Governor, Lieuten- ant-Governor, or person administering the Government of this Province for the time being, acting by and with the advice and consent of the Executive Council of this Province; the words " two Justices/' shall mean two or more Justices of the Peace acting for the place where the matter, or any part of the matter as the case may be, requiring the cognizance of such two Jus- tices, arises, assembled or acting together; the word " place," shall mean a City, Town, Borough, Village, Township, Parish, or any other territorial division recognized or designated by law as a separate Municipality or Municipal division ; the word " Street," shall include every Highway, Road, Square, Row, Lane, Mews, Court, Alley and passage, whether a thorough- fare or not; the word " person," and words applying to any person or individual, shall apply to and include Corporations, whether aggregate or sole ; words importing the singular num- ber or the masculine gender only, shall include more persons, parties or things of the same kind, than one, and females as well as males, and the converse. 12 VIC. CAP. 10. An Act for putting a legislative interpretation upon certain terms used in Acts of Parliament ', and for rendering it unnecessary to repeat certain provisions and expressions therein, and for ascertaining the date and commencement thereof, and for other purposes. [25th April, 1849.] WHEREAS it is desirable to avoid, by the establishment of Preamble, some general rules for the interpretation of Acts of the Pro- vincial Parliament, the continual repetition therein of words, phrases and clauses, which are rendered necessary solely by the want of such rules, and also to provide for the date and commencement of such Acts being known with certainty : Be By what it, &c.j That this Act shall be known, cited and referred to as name this "The Interpretation Act," and that each provision thereof kno^nflnd shall extend and apply to each Act passed in this present Ses- } gTjjf Acts sion or in a ly future Session of the Provincial Parliament, apply. 316 THE MUNICIPAL MANUAL. except in so far as any such provision shall be inconsistent with the intent and object of such Act, or the interpretation which such provision would give to any word, expression or clause shall be inconsistent with the context; and except in so far as this Act or any provision thereof shall in any such Act be declared not applicable thereto ; nor shall the omission in any Act of a declaration that this Act shall apply thereto, be construed to prevent its so applying, although such express declaration may be inserted in some other Act or Acts of the same Session. Date of Royal 2. And be it, &c., That the Clerk of the Legislative toanyAct'to Council shall endorse on every Act of the Parliament of this be endorsed Province which shall pass during the present and every future to make pa?t Session thereof, immediately after the title of such Act, the thereof, &c. fay^ month and year when the same shall have been by the Governor of this Province assented to in Her Majesty's name, or reserved for the signification of Her Majesty's pleasure thereon, and in the latter case he shall also endorse thereon the.day, month and year when the Governor of this Province shall have signified either by speech or message to the Legis- lative Council and Assembly of this Province, or by Procla- mation, that the same has been laid before Her Majesty in Council, and that Her Majesty has been pleased to assent to the same ; and such indorsement shall be taken to be a part of such Act, and the date of such assent or signification, as the case may be, shall be the date of its commencement if no later commencement be therein provided. Any Actmay 3. And be it, c&c., That any Act of the Parliament of this dur^g'tht 1 Province passed or to be passed during the present or during same e any future Session thereof, may be amended, altered or repealed by any Act to be passed in the same Session thereof; any law, usage or custom to the contrary notwithstanding. Governor 4. And be it, d'C., That the Governor, Lieutenant-Gover- Suceessors in nor > or P erson administering the Government of this Province office to be a for the time being, and His Successors, shall be and He and they are hereby declared to be a Corporation sole; and all bonds, recognizances, and other instruments now by law re- quired to be taken to Him in His public capacity, or which shall or may hereafter be required to be so taken, shall be taken to Him and His Successors, by His name of office, and shall and may be sued for and recovered by Him or His Suc- cessors, the Governor, Lieutenant-Governor, or person admin- istering the Government of this Province for the time being, ,by His or Their name of office as such ; and the same shall THE MUNICIPAL MANUAL. 317 not in any case go to or vest in the personal repsesentatives of such Governor, Lieutenant-Governor, or person administering the Government of this Province during whose government thereof the same shall have been so taken. 5. And be it, <#c., That in every Act of the Parliament of HOW certain this Province, passed or to be passed as aforesaid : Sainx? 01 " 1. The words " Her Majesty," " the Queen," or " the construed - Crown," shall mean Her Majesty, Her Heirs and Successors, Her Majesty, Sovereigns of the United Kingdom of Great Britain and Ireland. 2. The words " Governor," " Governor of this Province," Governor, " Governor-General," or " Governor in Chief," shall mean the &c * Governor, Lieutenant-Governor, or person administering the government of this Province for the time being. 3. The words " Governor in Council," shall mean the Gov- Governor in "ernor, Lieutenant-Governor, or person administering the gov- cmdi. eminent of this Province for the time being, acting by and with the advice of the Executive Council thereof. 4. The words " Lower Canada," shall mean all that part of Lower this Province which formerly constituted the Province of Canada - Lower Canada. 5. The words "Upper Canada," shall mean all that part of Upper this Province which formerly constituted the Province of Up- Canada. per Canada. 6. The words "the United Kingdom," shall mean the Names of United Kingdom of Great Britain and Ireland ; and the words p^gf ^ " the United States," shall mean the United States of America ; societies or and generally, the name commonly applied to any country, thlngs - place, body, corporation, society, officer, functionary, person, party or thing, shall mean such country, place, body, corpora- tion, society, officer, functionary, person, party or thing, although such name be not the formal and extended designation thereof. 7. Words importing the singular number or the masculine Singular gender only, shall include more persons, parties or things of m^uSnT the same kind than one, and females as well as males, and the gender, converse. 8. The word "person," shall include any body corporate or Person> politic, or party, and the heirs, executors, administrators, or other legal representatives of such person, to whom the context can apply according to the law of that part of the Province to which such context shall extend. 9. The words "writing," "written/' or any term of like writing. import, shall include words printed, painted, engraved, litho- Written, gxaphed. or otherwise traced or copied. 318 THE MUNICIPAL MANUAL. Now next hereafter. Month. Holiday. Oath. Power to administer. False state-" merits to be perjury. Registrar. Eegister. Contraven- tion of Acts. Contraven- tion to which a legal name is assigned. Recovery and distribu- tion of penal- ties and forfeitures. 10. The words " now" or " next," shall be construed as having reference to the time immediately before the commence- ment of the Session in whiph the Act shall have been presented for the Royal Assent. 11. The word " month" shall mean a calendar month. 12. The word holiday" shall include Sundays, New Year's Day, the Epiphany, the Annunciation, Good-Friday, the As- cension, Corpus Christi, St. Peter and St. Paul's Day, All Saint's Day, and Christmas Day, and any day appointed by Proclamation for a General Fast or Thanksgiving. 13. The word "oath" shall be construed as meaning a solemn affirmation whenever the context shall be applied to any person and case by whom and in which a solemn affirma- tion maybe made instead of an oath : and in every case where an oath or affirmation is directed to be made before any person or officer, such person or officer shall have full power and au- thority to administer the same and to certify its having been made ; and the wilful making of any false statement in any such oath or affirmation, shall be wilful and corrupt perjury, and the wilful making of any false statement in any declaration required or authorized by any such Act as aforesaid, shall be a misdemeanor punishable as wilful and corrupt perjury. 14. The words " Registrar" or " Register" in any such Act, applying to the whole Province, shall mean and include indifferently both Registrars in Lower Canada and Registers in Upper Canada, and their Deputies, respectively. 15. Any wilful contravention of any such Act as afore- said, which is not made any offence of some other kind, shall be a misdemeanor, and punishable accordingly. 16. Whenever any wilful contravention of any such Act shall be made an offence of any particular kind or name, the person guilty of such contravention shall, on con- viction thereof, be punishable in the manner in which such offence is by law punishable. 17. Whenever any pecuniary penalty or any forfeiture is imposed for any contravention ,of any 'such Act as aforesaid, then if no other mode be prescribed for the re- covery thereof, such penalty or forfeiture shall be recoverable with costs by civil action or proceeding at the suit of the Crown only, or of any private party suing as r well for the Crown as for himself, in any form allowed in such case by the law of that part of the Province where it shall be brought, before any Court having jurisdiction to the amount of the penalty in cases of simple contract, upon the evidence of any one credi- THE MUNICIPAL MANUAL. 319 'the? than the Plaintiff or party interested ; and if no other provision be made for the appropriation of such penalty or forfeiture, one half thereof shall belong to the Crown, and the other half shall belong to the private plaintiff, if any there be, and if there be none, the whole shall belong to the Crown. 18. Any duty, penalty or sum of money, or the pro- Moneys ceeds of any forfeiture, which shall by any such Act as c7own f to th< aforesaid be given to the Crown, shall, if no other provision make part of ,- -i f * .i_ Vi v.i A j T> Consolidated be made respecting it, form part of the Consolidated .Revenue Revenue Fund of this Province, and be accounted for and otherwise Fund< dealt with accordingly. 19. If any sum of the public money be by any such Act as Moneys ap- aforesaid, appropriated for any purpose or directed to be paid Kpaylbie by the Governor, then, if no other provision be made respect- *J d fo * ccount * ing it, such sum shall be payable under Warrant of the Go- ec vernor directed to the Receiver General, out of the Consoli- dated Revenue Fund of this Province, and the due applica- tion thereof shall be accounted for to Her Majesty, through the Lords Commissioners of the Treasury for the time being, in such manner and form as Her Majesty shall direct; and all [Believed to persons entrusted with the expenditure of any such sum or ^ o6sokte -] or any part thereof shall account for the same in such man- ner and form, with such vouchers, at such periods, and to such Officer, as the Governor shall direct. 20. The word " Magistrate" shall mean a Justice of the Magistrate, Peace ; the words " two Justices," shall mean two or more Justices &c - Justices of the Peace, assembled or acting together ; and if any thing be directed to be done by or before a Magistrate or a Justice of the Peace, or other Public Functionary or Officer, it shall be done by or before one whose jurisdiction or powers extend to the place where such thing is to be done ; and whenever power is given to any person, Officer or Functionary to do or to enforce the doing of any act or thing, all such .pow- ers shall be understood to be also given as shall be necessary to enable such person, or Officer or Functionary to do or en- force the doing of such act or thing. 21. If in 'any such Act as aforesaid, qpy party be directed Power to do to be imprisoned or committed to prison, such imprisonment or committal shall, if no other place be mentioned, be in or to the common gaol of the locality in which the order for such imprisonment shall be made, or if there be no common gaol there, then in or to that common gaol which shall be nearest to such locality ; and it shall be lawful for the keeper of any such common gaol, to receive such person, and him safely to 320 THE MUNICIPAL MANUAL. imprison- keep and detain in such common gaol under his custody until tSion U in de " discharged in due course of Law, or bailed in cases in which gaol. bail may by Law be taken. printing' JT 22< W rds auttorizin ^ tne appointment of any public Officer include or Functionary, or any Deputy, shall be construed to include removing. *he power of removing him, re-appointing him or appointing another in his stead, in the discretion of the authority in whom the power of appointment is vested. Public Officer 23. Words directing or empowering a public Officer or Successor 6 or 8 Functionary to do any act or thing or otherwise applying to Deputy. him by his name of Office, shall include his Succesors in such Office, and his or their lawful Deputy. Words 24. Words making any association or number of persons a corporation corporation or body politic and corporate, shall be construed to vest in such corporation, power to sue and be sued, contract and be contracted with, by their corporate name, to have a common seal, and to alter or change the same at their plea- sure, and to have perpetual succession, and power to acquire and hold personal property or moveables for the purpose for which the Corporation is constituted, and to alienate the same at pleasure; and also to vest in any majority of the members of the Corporation, the power to bind the others by their acts ; and also to exempt the individual members of the Cor- poration from personal liability for its debts or obligations or acts, provided they do not contravene the provisions of the Act incorporating them ; but it shall not be lawful for any Corporation to carry on the business of banking unless when such power shall be expressly conferred on them by the Act creating such Corporation. AS to 25. No provision or enactment in any such Act, as afore- Banking, said, shall affect or be construed to affect in any manner or way whatsoever, the rights of Her Majesty, Her Heirs or Successors, unless it be expressly stated therein that Her Ma- jesty shall be bound thereby; nor the rights of any person or of any body politic, corporate or collegiate, such only excep- ted as are therein mentioned, unless such Act be a Public General Act. Rights of the 26. Every such Act as aforesaid, shall be so construed as j. Q reserve to the Legislature the power of repealing or amend- ing it, and of revoking, restricting or modifying any power, privilege or advantage thereby vested in or granted to any person or party, whenever such repeal, amendment, revocation, restriction or modification shall be deemed by the Legislature to be required for the public good; and unless it shall be THE MUNICIPAL MANUAL. 321 otherwise expressly provided in any Act already passed or to And if it be a be passed for chartering any Bank, it shall be in the discre- Bank Act ' tion of the Legislature at any time thereafter to make such provisions and impose such restrictions with respect to the amount and description of notes which may be issued by such Bank, as may to them appear expedient. 27. If any such Act as aforesaid be declared to be a Public p u bik Act Act, such declaration shall be construed as an enactment that such Act shall be judicially noticed by all Judges, Justices of the Peace and others without being specially pleaded : and Private Act. every such Act which shall not, either by its nature or by express provision, be a Public Act, shall be deemed a Private Act, and shall be judicially noticed only when specially pleaded j and all copies of any such Acts, public or private, printed by printed the Queen's Printer, shall be evidence of such Acts and of ^ c p t ^ s of their contents, and every copy purporting to be printed by the Queen's Printer shall be deemed to be so printed, unless the contrary be shewn. 28. The Preamble of every such Act as aforesaid shall be Preamble, deemed a part thereof intended to assist in explaining the pur- port and object of the Act; and every such Act and every AH Acts provision or enactment thereof, shall be deemed remedial, remedial, whether its immediate purport be to direct the doing of any thing which the Legislature may deem to be for the public good or to prevent or punish the doing of any thing which it may deem contrary to the public good, and shall accordingly receive such fair, large and liberal construction and interpre- tation as will best ensure the attainment of the object of the Act and of such provision or enactment, according to their true intent, meaning and spirit. 29. Nothing in this Act shall be construed to exclude the Application application to any such Act as aforesaid, of any Rule of Con- construction struction applicable thereto, and not inconsistent with this inserted or Act, or to exclude the application of any Rule of Construe- ?n this* Act. tion in this Act to any Act passed in any Session before the present, if without this Act such Rule would have been ap- plicable thereto. 30. The provisions of this Act shall apply to the construe- Provisions tion thereof and of the words and expressions used therein. 322 THE MUNICIPAL MANUAL, Preamble. Section 58 of Ac e tSted n Erection of firmed, ai- pro the said sec- xjniorfi'ct maynothave 12 VIC. CAP. 11. An Act to confirm the erection of certain Townships and for other purposes relative to the erection of Townships. [25th April, 1849.] WHEREAS by the fifty-eighth section of the Act of the Im- perial Parliament, passed in the session held in the third and fourth years of Her Majesty's reign, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, it is enacted, That it shall be lawful " for the Governor, by an instrument or Instruments to be issued by Him for that purpose under the Great Seal of the Province, to constitute Townships in those parts of the Province of Canada in which Townships are not already con- stituted, and to fix the metes and bounds thereof, and to pro- vide for the election and appointment of Township Officers therein, who shall have and exercise the like powers as are ex- ercised by the like Officers in the Townships already constitu- ted in that part of the Province of Canada now .called Upper Canada ; and every such Instrument shall be published by Pro- clamation, and shall have the force of law from a day to be named, in case, in such Proclamation ;" And whereas since the time when the said Act came into force, divers Townships have been set apart and erected in that part of this Province which formerly constituted the Province of Upper Canada, in the manner formerly practised in that part of the Province before the Union, but without any Proclamation having been issued for the erection of the same in the manner by the said section provided, and it is expedient to confirm the setting apart and erection of the same : Be it, &c., That all such tracts of land in that part of this Province called Upper Canada, as since the Union of the Provinces, have been set apart, erected an( * name ^ as Townships, in the manner formerly practised in that part of the Province before the Union, shall, by the sev- eral names by which the same are now designated on the orig- j n al maps thereof, in the office of Her Majesty's Commissioner of Crown Lands, be and be deemed to have been Townships, by the names aforesaid respectively, and with the several metes and boundaries designated on such maps, and by the other re- cords of the said office upon which such maps were framed, as fully and effectually to all intents and purposes whatsoever, as if the same and each of them had been set apart, erected and named by Proclamation under the Great Seal of this Province, as directed by the provisions of the said Act ; and to all such Townships, the laws in force in Upper Canada, in the election THE MUNICIPAL MANUAL. 323 and appointment of Township Officers, and for the establish- ment and regulation of the" powers of such Officers, shall ap- ply and shall be deemed to have applied to all intents and pur- poses, as if the same had been so provided in and by such Proclamation. 2. And whereas there are now and may be hereafter SmaiiGore* among the Townships in either section of this Province, divers hiaiy C Town- gores or small tracts of land, which from various causes have ^^J^ 1 * not been or may not be included in the original survey and adjacent description of any Township, and being of too limited extent to ySo3? form Townships by themselves : Be it, <&c., That it shall be mation. lawful for the Governor of this Province, by Proclamation to see Mimici- annex any such gore or tract of land as aforesaid, in any part P al Act - of this Province, to any Township to which it may be adjacent or partly to one and partly to ao other of any two or more Townships to which it may be adjacent, as in his discretion he may deem most expedient; and from and after the day named for the purpose in such Proclamation, or from the date thereof, if no other day be therein named for the purpose, the tract of land thereby annexed to any Township shall form part thereof to all intents and purposes whatsoever. 12 VIC. CAP. 27. An Act to repeal certain Acts therein mentioned, and to amend consolidate, and reduce into one Act, the several Statutory provisions now in force for the regulation of Elections of Members to represent the people of this Province in the Leg- islative Assembly thereof. [30th May, 1849.] 3O. And be it, &c., That no person shall be entitled to vote Qualification at any such Election, for a County or Riding, unless at the time of giving his Tpte he shall be possessed, for his own use and benefit as proprietor, by virtue of some legal title vesting such property in him, either in fee simple or in freehold under the tenure of free and common soccage, or in fief, or in roture, or in franc-alleu, or by virtue of a certificate, derived under the authority of the Governor and Council of the late Province of Quebec, or by virtue of any Act or Acts of the legislature of see 22 Vic. e, either the late Province of Upper or Lower Canada, or of the 82 - Legislature of Canada, of Lands or Tenements lying and being in such County or Riding, and being of the clear yearly value of Forty-four shillings and five pence and one farthing curren- cy, (equal, at the time of the passing of the Act of the Im- perial Parliament, passed in the thirty-first year of the reigu 324 THE MUNICIPAL MANUAL. of His Majesty King George th$ Third, commonly called imperial Act " The Constitutional Act," and intituled, An Act to repeal certain parts of an Act passed in the fourteenth year of His must have Majesty 1 s Reign, intituled, ( An Act for making more effectual provisions for the Government of the Province of Quebec in North America, and to make further provision for the Gov- ernment of the said Province,' to forty shillings sterling or upwards, over and above all annual rents, whether ground rents (rentes foncieres) or constituted rents (rentes constituecs) or any other rents and charges payable out of or in respect of the same, nor unless such person be at the time of giving his vote During what at such Election, and shall have been in actual and uninte- ru pted possession of such lands or tenements, or in the receipt of the rents and profits thereof as proprietor as aforesaid, by virtue of and under some such title as aforesaid, for his own use and benefit, during at least six calendar months next be- Exemption. fore the date of the Writ of Election, unless the same shall have come to him by descent or inheritance, or by devise, marriage or contract of marriage, or unless the Deed or Con- veyance or Patent from the Crown under which he claims to hold such Estate in Upper Canada, shall have been registered three calendar months before the date of such Writ of Election : Provided always, that any Deed or Instrument in writing con- taining a promise of sale (promesse de vente) in favor of any person claiming to vote at any such Election, and being in possession of the property mentioned in such Deed or Instru- ment in writing, or in favor of any other person or persons through whom he holds, shall, in Lower Canada, be consider- ed for the purposes of this Act as a legal title vesting such Proviso. property in the person so claiming to vote ; Provided never- theless, that every such Deed or Instrument, not being a no- tarial Deed or Instrument, shall have been enregistered at least twelve months before such Election : And provided also, that no person shall be entitled to vote in Upper Canada at any such Election as aforesaid by virtue of any conveyance made to his wife after marriage unless such Conveyance shall have been registered for three calendar months as aforesaid, or such person shall have been in possession of the Lands and Tene- ments mentioned in such deed for six calendar months next before the date of the Writ of Election. qualification 31. And be it, &c., That no person shall be entitled to taCitiwor vote as proprietor at any such Election, for any City or Town Towns as in this Province, unless at the time of giving his vote at such proprietor*.] ^lection he shall be possessed for his own use and benefit as proprietor, by virtue of some legal title vesting such property THE MUNICIPAL MANUAL. 325 in him, either in Fee Simple or in Freehold under the tenure of free and common soccage, or in fief, or in roture, or in franc-alleuj or by virtue of a certificate derived under the au- thority of the Governor and Council of the late Province of Quebec, or by virtue of any Act or Acts of the Legislature of either the late Province of Upper or Lower Canada, or of the Legislature of Canada, of a lot of ground with a dwelling house thereon, lying and being within the limits of such City or Town or of the liberties thereof, such lot and dwelling house being of the yearly value of five pounds, eleven shillings, one penny and one farthing currency of this Province, (equal at the time of the passing of the Imperial Act last above cited, to Five Pounds sterling) or upwards, over and above all an- nual rents, whether ground rents (rentes foncieres) or consti- tuted rents (rentes constituees) or any other rents and charges payable out of or in respect of the same, nor unless such per- During what son be at the time of giving his vote at such Election, and qiSimcation shall have beeu in actual and uninterrupted possession of such J^ ^*J e lot and dwelling house, or in the receipt of the rents and pro- sessed. fits thereof as proprietor as aforesaid by virtue of and under some such title as aforesaid, for his own use and benefit, during at least six calendar months next before the date of the Writ of Election, unless such lot and dwelling house shall have come to him by descent or inheritance, or devise, mar- riage or contract of marriage, or unless the deed of conveyance or patent from the Crown, under which he claims to hold such estate in Upper Canada, shall have been registered three calendar months before the date of such Writ of Election ; Provided always, that any Deed or Instrument in writing, proviso, containing a promise of sale (promesse de vente) in favour of any person claiming to vote at any such Election, and being in possession of the property mentioned in such Deed or In- strument in writing, or in favour of any other person or per- sons through whom he holds, shall, in Lower Canada, be con- sidered for the purposes of this Act as a legal title, vesting such property in the person so claiming to vote ; Provided nevertheless, that every such Deed or Instrument, not being a Notarial Deed or Instrument, shall have been enregistered at least twelve months before such Election ; And provided also, Proviso, that no person shall be entitled to vote in Upper Canada at any such Election as aforesaid by virtue of any Conveyance made to his wife after marriage, unless such Conveyance shall Exception, have been registered for three calendar months as aforesaid, or such person shall have been in psssession of the lands and tenements mentioned in such Deed for six calendar months next before the date of the Writ of Election. 326 THE MUNICIPAL MANUAL. Proprietors to be dis- Qualification Towns a* Tenants. One year's rent must paid. 6( Proviso; be b such a11 year's rent, Proviso: to be suffi- Proviso as to 33. Provided always, &c., That every such person being otherwise duly qualified in that behalf to vote as proprietor as aforesaid, is and shall be entitled to vote at any such Election upon or in respect of any such lot or dwelling house, whether suca dwelling house shall have been erected upon the said lot by himself or those under whom he claims, or by any tenant or tenants holding under building or other leases, or by any other person or persons whomsoever, and whether there shall be or shall not be any subsisting covenant, contract or agree- ment between landlord and tenant, either in such lease or separate from it, for the removal of any such dwelling house from such lot during or at the end of any term of years for which it may be let, or for any allowance in money or other- wise in lieu of such removal. 33. And be it, &c., That no person shall be entitled to vo te as a Tenant at any such Election for any City or Town in this Province, unless at the time of giving his vote at such Election he shall reside as a Tenant within the limits of such City or Town, or of the liberties thereof, nor unless he shall have so resided as a Tenant during the period of twelve calen- dar months next before the date of the Writ of Election, nor unless he shall, during the same period, as such Tenant, and as a separate Tenant, have occupied and shall occupy at the time he shall give his vote at such Election, by actual resi- dence therein (en y tenant feu et lieu) a dwelling house or dwelling houses, or part or parts of a dwelling house or dwell- ing houses, lying and being within the limits of such City or Town, or of the liberties thereof, nor unless he shall have really and bona fide paid one year's rent for such dwelling house or dwelling houses, or part or parts of a dwelling house or dwelling houses, at the rate of eleven pounds two shillings and two pence half penny currency, (equal, at the time of the passing of the Imperial Act last above cited, to Ten pounds sterling) or upwards, a year: Provided always, that the J ear ' s rent so required to be paid to entitle such tenant to vote at any such Election, shall be the year's rent up to the last yearly, half yearly, quarterly, or other day of payment (as the case maybe) of such rent, which shall have occurred next before the date of the said Writ of Election : And provided also, that whenever such annual rent shall exceed the said sum of eleven pounds two shillings and two pence half penny currency, then, in every such case, payment of eleven pounds two shillings and two pence half penny currency shall be deemed and taken to be a payment of rent within the require- ments of this section : And provided also, that any person THE MUNICIPAL MANUAL. 327 who shall only hold and occupy within the limits of such City occupiers of or Town, or the liberties thereof, a shop, a counting house, office or other place of business, and who shall not live and have his actual residence therein (n'y tiendra pas feu et lieu) shall not be entitled to vote at such election ; And provided also, that a change of residence in any such City or Town, or the liberties thereof, shall not in any case deprive any such Tenant of his right to vote at any such Election, provided he Proviso as to be in all other respects qualified to vote thereat ; and in case of such change of residence being from one Ward to another, he shall vote only at the polling place opened and kept in the Ward within the limits whereof he shall reside on the day when he shall vote at such Election. 34. Provided always, <&c.,That every such person being Tenants not otherwise duly qualified in that behalf to vote as tenant as qualified by aforesaid, is and shall be entitled to vote at any such election upon or in respect of any such dwelling house, whether such or agre- dwelling house shall have been erected upon the lot of ground Jhdrdw on which the same shall stand, by himself or those under ing houses, whom he claims, or by any other person or persons whomso- ever, and whether there shall or shall not be any subsisting covenant, contract or agreement between landlord and tenant, either in the lease under which he shall hold or separate from it, for the removal of any such dwelling house from such lot during or at the end of any terms of years for which the same may be let, or for any allowance in money or otherwise in lieu of such removal. 3*5. And be it, &c., That any person who, being in the Occupiers of Civil or Military Service of her Majesty, or of any Corpora- p^idedfor tion, or Incorporated Society or Company, shall occupy within * h ep i>y her the limits of such City or Town, or the liberties thereof, any Goreriunent dwelling house or part of a dwelling house, which shall be- ^5^^ long to the Crown or to any Department of her Majesty's portions, government, or to such Corporation, Society or Company, or *e thereby which shall have been provided for such person in any man- disqualified, ner whatever by the Crown or any Department of her Majes- ty's government, or by such Corporation, Society or Company, whether it be or be not reckoned as part of the salary, wages or pay, which such person, by reason of such service, shall be entitled to receive or shall receive from the Crown, or any Department of her Majesty's government, or from such Cor- poration, Society or Company, shall not be entitled, by reason of his occupying any such dwelling house or part of a dwell- ing house, to vote at such Election, whatever be the amount of the rent or the vaiue of the occupation (la valuer du loyer) 328 THE MUNICIPAL MANUAL. Exception. As to lands within one county and partly with- in another. And as to lands partly within one polling place and partly within ano- ther. of such dwelling house or part of a dwelling house so occu- pied by such person, and whether he do or do not actually live and have his residence therein, (y tienne ou non feu et lieu) unless such party shall have contracted to pay, and shall bona fide have paid one year's rent for such dwelling house as aforesaid. 3O. And "be it, &c., That whenever at any such Election for a County or Riding, any person shall claim the right of voting as the proprietor of any lands or tenements which lie partly within such County or Riding and partly within ano- ther, the part thereof lying within the County or Riding for which the election shall be had, shall be held to be lands or tenements within the meaning of the thirtieth section of this Act, and such person may accordingly vote at such Election, provided he be in all other respects duly qualified so to do within the intent of the said thirtieth section ; and when any lands or tenements, although wholly within the same County or Riding, shall nevertheless lie partly within the limits of one of the polling places opened and kept in such County or Rid- ing, and partly within the limits of another of the said polling places, the person who shall be entitled to vote as the propri- etor of such lands or tenements may vote at either of the said polling places, at his discretion. AS to lands* 37 And be it, cfrc., That whenever at any such Election ^ or anv City or Town in this Province, any person shall claim the right of voting under the provisions of the thirty-first section of this Act, as the proprietor of a lot of ground lying partly within and partly without the limits of such City or Town, or the liberties thereof, such person shall not be enti- tled to vote at such Election upon the said lot of ground, unless the dwelling house erected on such lot shall be wholly upon that part thereof which shall lie within the said limits, nor unless such person be in all other respects duly qualified within the meaning of the said thirty-first section, to vote at such Election. 3O. And be it, &c., That whenever the right of property in any lands or tenements in any County or Riding, or in any lot of ground having a dwelling house thereon in any City or Town, shall be vested undividedly (par indivis), whether as joint tenants or tenants in common, in any two or more per- sons, each of such persons shall have the right of voting at any sucn election upon his undivided part or share of such P r P ertv : Provided always, That such part or share be of the yearly value of at least two pounds four shillings and five- y or Town. Joint ten- ants, or tenants in common, may roto. THE MUNICIPAL MANUAL. 329 pence and one farthing currency, as required by the thirtieth must be of section of this Act, if such lands or tenements be situate in vaiu^ 0per any County or Riding, or of the yearly value of at least five pounds eleven shillings and one penny and one farthing cur- rency, as required by the thirty-first section, if such lands or tenements be situate in any of the Cities or Towns aforesaid, over and above all annual rents, whether ground rents (rentes foncieres) or constituted rents (rentes constitutes), or any other rents and charges payable out of or in respect of such part or share, and not otherwise ; but whenever any such lands or shareholders tenements shall be vested in any Incorporated Company or j^^coSJ Society, no one of the shareholders or partners in such Corn- panies or pany or Society shall in any case be entitled to vote upon such cepted? 8 e: property at any such Election. 12 VIC. CAP. 35. An Act to amend certain Acts therein mentioned, and to make better provision respecting the admission of Land /Surveyors and the Survey of Lands in this Province. [30th May, 1849.] 3. And be it, &c., That from and after the passing of this Qualification Act, no person shall be admitted to practise as a Land Surveyor f ^"JJ 1 ^ in and for Upper Canada or Lower Canada, until he shall have be?ice?sedas attained the full age of twenty-one years, nor unless he shall Surve y r3 - have gone through a course of Geometry, including at least the first six books of Euclid, and of Plain Trigonometry, Mensu- ration of Superficies, Plotting and Map Drawing, and be well versed therein, and shall also be sufficiently conversant with Spherical Trigonometry and Astronomy to enable him to ascertain the latitude, and to draw a meridian line, and shall Period of have served regularly and faithfully for and during the space service or PI < 11 Bpprc ot three successive years, under an instrument in writing duly ship, executed before two witnesses, or in Lower Canada under a Notarial Acts, as Apprentice to a Land Surveyor for Upper Canada or Lower Canada, duly admitted and practising therein as such ', nor until he shall have received from the said Land Surveyor a certificate of his having so served during the said period : Provided nevertheless, that any person who shall have been admitted to practise as a Land Surveyor in Lower Canada already ad- shall not, in order to be admitted to practise in Upper Canada, SJe part'of be holden to serve under an instrument in writing during three and^SS years as aforesaid in Upper Canada, but only during six to practise i 330 THE MUNICIPAL MANUAL. months of actual practice in the field with a Land Surveyor duly admitted and practising in Upper Canada ; after which he may undergo the examination by this Act prescribed, on com- plying with all the other requirements thereof; and the like rule shall apply to persons admitted to practise in Upper persons as to Canada who shall wish to practise in Lower Canada : Provided admitted to also, that any Land Surveyor duly admitted to practise in ofhe^parte an y f Her Majesty's dominions other than this Province, of H. M. gh a ii not k e holden to serve under an instrument in writing Dominions. -t ,t / -11 i -i i during three years as aforesaid, but only during twelve succes- sive months of actual practice, after which he may undergo the examination by this act prescribed, on conforming with all Proviso as to the other requirements thereof : And provided also, that any Jpprentised person who shall, before the passing of this Act, have been b assin" 1 of oona fi& e an Apprentice under some agreement in writing, to this Act. a Land Surveyor duly admitted and practising in and for Upper Canada or Lower Canada, and shall have served regu- larly and faithfully as such, shall be entitled to reckon the time he shall have so served as part of the three years during which, under this Act, he ought to serve before he can be admitted as a Land Surveyor, provided such person shall, within three months after the passing of this Act, become regularly articled by an instrument in writing as aforesaid to some Land Surveyor duly admitted and practising in and for Upper Canada or Lower Canada, and shall afterwards complete the remainder of the said period of three years, according to Proviso: the requirements of this Act; And provided also, that the fact ^ ^ s having so served before the passing of this Act shall be proved on oath, by himself and by other evidence, to the satisfaction of the Board of Examiners, any one of whom is hereby empowered to put the requisite questions, and to administer the requisite oath or affidavit, which shall be signed by the person making the same, and shall remain with the said Proviso as to Board : Provided also, that if any Surveyor shall die or leave mastor%c. the Province, or be suspended or dismissed as hereinafter pro- vided, his Apprentice may complete his term of apprenticeship, under an instrument in writing as aforesaid, with any other Proviso as to surveyor duly admitted : Provided also, that it shall be lawful indentures. ^ or anv Surveyor to transfer, by an instrument in writing as aforesaid, his Apprentice, with his consent, to any other Sur- veyor duly admitted, with whom he shall serve the remainder of the term of his apprenticeship. Candidates 4U And be it, &c., That before any person shall be admit- ^su^veyore ted to practise as a Land Surveyor in Upper Canada or for to undergo Lower Canada, he shall be publicly examined with respect to THE MUNICIPAL MANUAL. 331 his ability, and the sufficiency of his instruments, by a Board of Examiners composed of the Commissioner of Crown Lands and six other competent persons to be appointed from time to appointed for m * -ft f.f /-*< i that purpose. time by the Governor, Lieutenant-Governor, or person admin- istering the Government of this Province for the time being, y^ 1 ** 15 and who shall take an oath of office ; and any three of such sevan examiners shall form a quorum ; and the said examiners, if satisfied of his ability as hereinbefore provided, and of his having complied with all the requirements of this Act, and of the sufficiency of his surveying instruments, shall give him a Certificate to certificate thereof, and of his being admitted as a Land Sur- ^{fS* veyor, in the form of Schedule A to this Act ; and such certi- candidates. ficate shall, on his complying with the other requirements of this Act, enable him to practise as a Land Surveyor in and for Upper Canada or in and for Lower Canada, as the case may be : Provided always, that it shall be the duty of the said exami- Proviso: ners to cause all persons applying for admission to practise as to produce" such Land Surveyors, to produce satisfactory certificates as to ^^aracter character for probity and sobriety, and to perform such prac- They may be tical operations in their presence as they shall require, pre- vious to their giving him their Certificate, and to answar such questions on oath, (which oath any one of the Examiners may administer) with regard to the actual practi.ee of such applicant in the field and with regard to his instruments. 0, And be it, d-c., That the said Board, or a majority Board may thereof, shall and may appoint from time to time a fit and Appoint a^ proper person to be Secretary of the Board, who shall attend WEduS.' the sittings thereof, and keep a record of its proceedings, of which he shall have the custody. 6* And be it, <&c., That the said Board shall meet at the Meetings of Office of the Commissioner of Crown Lands, on the first Mon- the Board. day in each of the months of January, April, July and Oc- tober, in every year, unless such Monday be a Holy-day, (in which case they shall meet on the day next thereafter not being such holy-day,) and may adjourn such meeting from Power to time to time if they shall deem it necessary. 7. And be it, <&c., That every person desiring to be ex- Candidates amined by the Board as to his qualification to be admitted as & v e eilotlco a Land Surveyor, shall give due notice thereof in writing to Secretary. the Secretary of the said Board, at least one week previous to the meeting thereof, and shall then pay to the Secretary five shillings as his fee for receiving and entering such notice ; and each applicant obtaining a Certificate, shall pay to the Fee on said Secretary ten shillings as his fee upon the Certificate. certificate. 832 THE MUNICIPAL MANUAL. Contribution towards the expenses of the Board. 8. And be it, cc., That each, applicant receiving a Cer- tificate as aforesaid, shall pay to the Secretary a sum of two pounds ten shillings, currency, for the same out of which Seei8Yic.> sum the expenses attending the examination of such applicant (if any) shall first be paid, and the remainder shall be divi- ded equally among such Members of the Board as shall have attended the examination of such applicant, and shall not be salaried officers of the Government. 9. And be it, &c., That each applicant after receiving the above mentioned Certificate, shall enter into a bond jointly and severally with two sufficient sureties to the satisfaction of the said Board of Examiners, in the sum of two hundred and fifty pounds currency, to Her Malesty, Her Heirs and Successors, conditioned for the due and faithful performance of the duties of his office, and shall take and subscribe the oath of allegiance, and the following oath, before the Board of Examiners who are hereby empowered to administer the same : " I, A. B. do solemnly swear (or affirm, as the case may be) that I will faithfully discharge the duties of a Land Surveyor, agreeable to Law, without favour, affection or partiality. So help me God." And the said oaths shall be deposited in the Office of the Commissioner of Crown Lands, and the said bond shall be de- posited and kept in the manner by law prescribed with regard to the bonds given for like purposes by other public officers, and shall enure to the benefit of any party sustaining damage by breach of the condition thereof, and the certificate shall be registered in the office of the Registrar of the Province. 1O. And be it, (&c., That it shall be lawful for the Board of Examiners to suspend or dismiss any Land Surveyor from the practice of his profession, as they shall in their discretion deem proper whom they shall find guilty of gross negligence or corruption in the execution of the duties of his office : Pro- Proviso: the vided nevertheless, that the Board shall not suspend or dismiss accused to be suc ^ Land Surveyor, without having previously summoned summoned him to appear in order to be heard on his defence, nor with- out having heard the evidence, which shall have been offered either in support of the complaint or in behalf of the Survey- or inculpated. Chain-bear- 11. And be it, (&c., That each and every chain-bearer, worn. 1 * whether in Upper or in Lower Canada, shall, before he com- mences his chaining or measuring, take an oath or affirm, to act as such justly and exactly according to the best of his judgment and abilities, and to render a true account of his Candidates admitted to give security And take the oath of alle- giance and of office. The oath of office i Deposit of oaths. And of the certificate. Board may suspend or remove a Surveyor. and heard. THE MUNICIPAL MANUAL. 333 chaining or measuring to the Surveyor by whom he may have been appointed to such duty, and that he is absolutely disin- terested in the survey in question, and is not related or allied Not to be to any of the parties interested in the survey within the p e JS. tot fourth degree, according to the computation of the civil law, that is to say, within the degree of Cousin German, which oath the Surveyor employing such chain-bearer is hereby au- thorized and required to administer ; nor shall any person re- lated or allied to any of the parties within the said degree, be employed as a chain-bearer on any survey. IS. And be it, <&c., That the Commissioner of Crown standard Lands shall procure a Standard of English Measure of length, and a Standard of the old French Measure of length, com- the C pared with and corrected by the Standards for such Measures established in this Province, which shall remain in his office for the purpose of comparing therewith the Standards to be kept by each Surveyor as hereinafter provided. 13. And be it, c&c., That each and every Land Surveyor surveyors to duly admitted, and practising, or who shall be hereafter ad- ^ e d * rd to mitted for Upper or Lower Canada, shall procure and shall check their cause to be examined, corrected and stamped or otherwise cer- measures b y- tified, by the Commissioner of Crown Lands, or some one by him deputed for that purpose, a Standard Measure of length, under the penalty of the forfeiture of his License or Certificate, and shall, previously to proceeding on any survey, verify the length of his chains and other instruments for measuring by such standard. 14. And be it, &c., That from and after the passing of p un i 8 h me nt this Act, if any person or persons shall, in any part of this of persons T- j. i * T.-J T "i ci molesting Province, interrupt, molest or hinder any Land surveyor, surveyors on while in the discharge of his duty as a Surveyor, such person dutv - or persons shall be deemed to have been guilty of a misde- meanor, and being thereof lawfully convicted in any Court of competent jursdiction, may be punished either by fine or imprisonment, or both, in the discretion of such Court, such imprisonment being for a period not exceeding two months, and such fine not exceeding five pounds, without any prejudice civil remedy to any civil remedy which such Surveyor or any other party ^g 1 ^ 611 may have against such offender or offenders, in damages by reason of such offence; and any Land Surveyor, when en- gaged in the performance of the duties of his profession, shall be, and he is hereby authorized and empowered to pass over, power to measure along and ascertain the bearings of any Township f.JJJS^ line, concession or range line or other governing line or side tain lines; 334 THE MUNICIPAL MANUAL. doing no ac- line, and for such purposes to pass over the lands of any per- tuai damage. QQU w } lomsoever ^ doing no actual damage to the property of such person ; any law to the contrary notwithstanding. 2ft. And whereas it is expedient to provide means for as- certaining and permanently defining and marking the angles and boundary lines of Townships or Concessions in Upper ment e s may u " Canada: Be it, <&c., That stone monuments or monuments of be placed at other durable materials, shall be placed at the several corners, poiSJfin governing points or offsets of every Township that hath been TownsWps surveyed, or may hereafter be surveyed in Upper Canada, and Canada^ also at each end of the several Concession Lines of such Town- ships ; and that lines drawn in the manner hereinafter pre- scribed from the monuments so erected, or to be erected, shall be taken and considered to be the permanent boundary lines of such Townships and Concessions, respectively. under the 97. And be it, &c., That the monuments to be placed as th^commL- above mentioned shall be so placed under the direction and eioner of order of the Commissioner of Crown Lands of this Province. Crown Lands Boundaries S8. And be it, &c., That the courses and lengths of the Mce fo?esaid said boundary lines, so ascertained and established, shall on all in upper occasions be and be taken to be the true courses and lengths deemed the* f * ne boundary lines of the said Townships and Concessions, true ones, in Upper Canada, whether the same do or do not, on actual survey, coinside with the courses and lengths in any Letters Patent of Grant or other Instrument mentioned and express- ed in respect of such boundary lines. Q9. And be it, c&c., That if any person or persons shall knowingly and wilfully pull down, deface, alter or remove any suc ^ monum ent so erected as aforesaid, in Upper Canada, such in upper _ person or persons shall be adjudged guilty of felony; and if Lower* " in an y person or persons shall knowingly and wilfully deface, alter Canada. O r remove any other landmark, post or monument placed by any Land Surveyor, to mark any limit, boundary or angle of any Township, Concession, range, lot or parcel of land, in Upper or in Lower Canada, such person or persons shall be deemed guilty of a misdemeanor, and being convicted thereof before any competent Court, shall be liable to be punished by fine or imprisonment, or both, at the discretion of such Court, such fine not to exceed Twenty-five pounds, and such imprison- ment not to be for a longer period than three months, without any prejudice to any civil remedy which any party may have against such offender or offenders in damages, by reason of ProTiso as to such offence ; Provided that nothing herein contained shall surveyors. ex t en d to prevent Land Surveyors, in their operations, from THE MUNICIPAL MANUAL, 335 taking up posts or other boundary marks when necessary, after which they shall carefully replace them as they were before. 3O. And be it, &c., That it shall not be necessary for the Monuments Commissioner of Crown Lands to proceed to carry the provi- pfacedinUp- sions of the twenty-sixth, twenty-seventh, and twenty-eighth per Canada , J . . J lM ,. A . *m r , exceptonthe Sections of this Act into execution, until an application tor that application purpose shall have been made to the Governor by the District Municipal Council of the District in Upper Canada, in which the township Council. or townships interested may be situate, who shall cause the sum requisite to defray the expenses to be incurred, or the propor- tion thereof payable by the inhabitants of any Township or Concession, to be levied on the said inhabitants in the same manner as any sum required for any other local purpose au- thorized by law may be levied. 31. And whereas in several of the Townships in Upper Recital . Canada, some of the Concession lines, or part of the Concession lines, have not been run in the original survey performed under competent authority, and the surveys of some Concession lines or parts of Concession lines have been obliterated, and owing to the want of such lines the inhabitants of such Concessions are subject to serious inconvenience : e it, &c.. That it shall inwhat be lawful for the District Council of the District in which any {JSS^ai Township in Upper Canada may be situate, on application of Council may one half of the resident land-holders in any Concession, (or JSJ without such application if the said Council shall deem it ne- ment cessary,) to make application to the Governor, requesting him to ^cause any such line to be surveyed, and marked by perma- nent stone boundaries under the direction and order of the Commissioner of Crown Lands, in the manner prescribed in this Act, at the cost of the proprietors of the lands in each Concession or part of a Concession interested ; and it shall be Expenses to lawful for such District Council to cause an estimate of the a^p^Med sum requisite to defray the expenses to be incurred to be laid for. before them, in order that the same may be levied on the said proprietors, in proportion to the quantity of land held by them respectively in such Concession or part of a Concession, in the same manner as any sum required for any other purposes au- thorized by law may be levied; and the lines or parts of lines Legal effect so surveyed and marked as aforesaid, shall thereafter be taken h A w i i i 1 i rt Op6rttlOH, and considered to be the permanent boundary lines of such Concessions or parts of Concessions to all intents and purposes of law whatsoever ; and all expenses incurred in performing Expenses to any survey or placing any monument or boundary under the bepaidtotha provisions of this section or of the next preceding section, shall be paid by the District Treasurer to the person or persons 336 THE MUNICIPAL MANUAL. employed in such services, on the certificate and order of the Proviso as to Commissioner of Crown Lands ; Provided always, that the said lines shall be drawn as to leave each of the adjacent Con- cessions of a depth proportionate to that intended in the origi- nal survey. Recital. Boundaries tie ce au?ho d rt r tyofthe Government' to be deemed Townships, their boud- AS to aliquot Township, &c ' And ivhereas it is necessary to make more definite provision than is now made by law, as to the mode in which the proper courses of boundary lines shall be ascertained in certain cases in Upper Canada: Be it, d'c., That in Upper Canada all boundary lines of Townships, Cities, Towns, Villa- ges, all Concession lines, governing points, and all boundary & - ->i "Oefl of Concessions, sections, blocks, gores, commons and all B ide-lines an d limits of lots, surveyed, and all posts or monu- ments, which have been placed or planted at the front angels of any lots or parcels of land, provided the same have been or shall be marked, placed or planted under the authority of the Executive Government of the late Province of Quebec or of Upper Canada, or under the authority of the Executive Government of this Province, shall be and the same are here- by declared to be the true and unalterable boundaries of all and every of such Townships, Cities, Towns, Villages, Con- cessions, Sections, Blocks, Gores, Commons, and lots or par- cels of land, respectively, whether the same shall upon ad- measurement be found to coutain the exact width, or more or less than the exact width expressed in any Letters, Patent, Grant or other Instrument in respect of such Township, City, Town, Village, Concession, Section, Block, Gore, Common, lot or parcel of land, mentioned and expressed; and such township, city, town, village, concession, section, block, gore, common, lot or parcel of land, shall embrace the whole width, contained between the front posts, monuments or boundaries, planted or placed, at the front angles of any such township, city, town, village, concession, section, block, gore, common, lot or parcel of land as aforesaid, so marked, placed or planted as aforesaid, and no more nor less, any quantity or measure expressed in the original grant or patent thereof, notwithstand- ing; and every patent, grant or instrument, purporting to be for any aliquot part of such township, city, town, village, con- cession, section, block, gore, common, lot or parcel of land, shall be construed to be a grant of such aliquot part of the quantity the same may contain, whether such quantity be more or less than that expressed in such patent, grant or instrument, any law, usage or custom to the contrary thereof in any wise notwithstanding. THE MUNICIPAL MANUAL. 337 $3. And be it, &c., That in every City, Town or Village in Upper Canada, which has been surveyed by the authority aforesaid, all allowances for road or roads, street or streets, i public lane or lanes, common or commons, which have been laid out u! S c. Wa5 in the original survey of such City, Town or Village, shall be and the same are hereby declared to be public highways and commons j and all posts or monuments which have been placed or planted in the original survey of such City, Town or ^llage, to designate or define any allowance for road or roads, street or streets, lane 01 lanes, lot or lots, common or commons, shall be and the same are hereby declared to be the true and unal- terable boundaries of all such roads, streets, lanes, lots and commons j and all Land Surveyors, when employed to make surveys in such City, Town or Village are hereby required to follow and pursue the same rules and regulations in respect of such surveys as is by law required of them when employed to make surveys in Townships. 34. And whereas many Townships, tracts or blocks of Recital. land in Upper Canada were granted by the Crown to companies and individuals before any surveys were made therein, and such Townships, tracts or blocks of land were afterwards sur- veyed by the owners thereof: Be it, cfcc., That all such surveys AS to lands of such Townships, tracts or blocks of land in Upper Canada, shall be and the same are hereby declared to be original surveys thereof, and to have the same force and effect as though the said original surveys and plans thereof had been made by the tee8 ' u - c - authority aforesaid; and all allowances for roads or commons which have been surveyed in such Townships, tracts or blocks of land, and laid down on the plans thereof, shall be and the same are hereby declared to be public highways and commons; and all lines which have been run and marked in such original surveys, and all posts or monuments which have been planted or placed in such original surveys, to designate and define any allowances for road, concession or concessions, lot or lots of land, common or commons, shall be and the same are hereby declared to be the true and unalterable lines and boundaries of all such allowances for road, common or commons, lot or lots of land, and all Land Surveyors, when employed to make surveys in such Townships, tracts or blocks of land, are hereby required to follow and pursue the same rules and regulations in respect of such Townships, tracts or blocks of land, and the original surveys thereof, as is by law required of them to follow and pursue in all Townships, tracts or blocks of land which have been surveyed by the authority aforesaid. 338 THE MUNICIPAL MANUAL. Governing c Proviso. Proviso. Proviso. Proviso. Proviso. 35. And be it, &c., That the course of the boundary line f ea k an( ^ ever y concession, on that side from which the lots are numbered, shall be and the same is hereby declared to be the course of the division or side lines throughout the several Townships or concession| in Upper Canada, respectively; Provided always, that such division or side lines were intended, in the original survey performed under such competent autho- rity as aforesaid, to run parallel to the said boundary; and all Surveyors shall and are hereby required to run all division or side lines, which they may be called upon by the owner or owners of any lands to survey, so as to correspond with and be parallel to that boundary line of the concession in which such lands are situate, from whence the lots are numbered as afore- said ; Provided always, as aforesaid, that such division or side lines were intended, in the original survey performed under such competent authority as aforesaid, to run parallel to the said boundary ; Provided also, that when that end of a con- cession, from which the lots are numbered, is bounded by a lake or river, or other natural boundary, or when it has not been run in the original survey performed under such compe- tent authority as aforesaid, or when the course of the division or side lines of the lots therein was not intended in the original survey performed as aforesaid, to run parallel to such boundary, the said division or side lines shall run parallel to the boundary line at the other extremity of such concession, provided their course was intended, in the original survey performed as aforesaid, to be parallel thereto, and that such boundary line was run in the original survey; Provided further, that when in the original survey, performed under such competent au- thority as aforesaid, the course of the division or side lines in any concession was not intended to be parallel to the boundary line at either end of such concession, they shall be run at such angle with the course of the boundary line at that end of the 'Said concession from which the lots are numbered, as is stated In the plan and field-notes of the original survey, of record in the office of the Commissioner of Crown Lands of this Province, provided such line was run in the original survey as aforesaid, or with the course of the boundary line at the other extremity of the said concession, if the boundary at that end of the con- cession from which the lots are numbered was no"t run in the original survey as aforesaid ; or if neither of the aforesaid boundaries of the concession were run in the original survey, or if it be bounded at each end by a lake or river or other natural boundary, then at such angle with the course of the line in front of the said concession, as is stated in the plan'and field-notes as aforesaid ; Provided nevertheless, that if any di- THE MUNICIPAL MANUAL. 339 vision or side-line between lots, or proof-line intended to be parallel to the division or side lines between lots, shall have been drawn in any such concession in the original survey thereof, the division or side lines between the lots therein shall be drawn parallel to such division or side line or proof-line; and when two or more such division or side lines or proof lines have been drawn in the original survey of such concession, that division or side line or proof line which is nearest to the boundary of the concession from which the lots are numbered, and shall govern the course of the division or side lines of all the lots in such concession between the boundary of the con- cession from which the lots are numbered and the next division or side line or proof line drawn in the original survey, which shall govern the course of the division or side lines of all the lots up to the next division or side line or proof line drawn in the original survey; or to the boundary of the concession towards which the lots are numbered, as the case may be : Provided further, that in all those Townships in Upper Canada, Proviso, which in the original survey have been divided into sections, agreeably to an Order in Council bearing date the twenty- seventh day of March, one thousand eight hundred and twenty- nine, the division or side lines in all concessions in any section shall be governed by the boundary lines of such section, in like manner as the division or side lines in Townships origi- nally surveyed before the said day are governed by the boun- dary lines of the concession in which the lots are situate. 3O. And be it, &c., That the front of each concession in what shall any Township in Upper Canada, where only a single row of fhe d Smtof a posts has been planted on the concession lines, and the lands concession iu have been described in whole lots, shall be considered to be, u. r c. mc and the same is hereby declared to be that end or boundary of such concession which is nearest to the boundary of the town- ship from which the several concessions thereof are numbered : Provided always, that in those Townships in Upper Canada which are bounded in front by a river or lake where no posts or other boundaries were planted in the original survey on the bank of such river or lake to regulate the width in front of the lots in the broken front concessions, the division or side lines of the lots in such broken front concessions shall be drawn from the posts or other boundaries on the concession line in rear thereof, parallel to the governing line determined as afore- Proviso: said to the river or lake in front : Provided also, that when J 1160 * he , ,11..- n i i i . front line of the line in front 01 any such concession has not been run in any concea- the original survey, the division or side lines of the lots in runin a th3 0t such concession shall be run from the original posts or monu- original survey. 340 THE MUNICIPAL MANUAL. ments placed or planted on the rear line thereof parallel to trie governing line determined as aforesaid to the depth of the concession that is, to the centre of the space contained be- tween the lines in front of the adjacent concessions, if the concessions were intended in the original survey to be of an equal depth, or if they were not so intended, then to the pro- portionate depth intended in the original survey, as shewn on the plan and field-notes thereof of record in the Office of the Commissioner of Crown Lands of this Province, having due respect to any allowance for a road or roads made in the origi- nal survey; and that a straight line joining the extremities of the division or side lines of any lot in such concession drawn as aforesaid, shall be the true boundary of that end of the lot which has not been run in the original survey. Fronts of 37. And be it, &c.j That in those Townships in Upper fo'oertein 18 Canada in which the concessions have been surveyed with other cases; double fronts, that is, with posts or monuments planted on MS, &cu.c, both sides of the allowances for roads between the concessions, and the lands shall have been described in half lots, the divi- sion or side lines shall be drawn from the posts at both ends to the centre of the concession, and each end of such concession shall be and the same is hereby declared to be the front of its respective half of such concession, and that a straight line joining the extremities of the division or side lines of any half lot in such concession, drawn as aforesaid, shall be the true boundary of that end of the half lot which has not been bounded in the original survey. Astoconces. 38. And be it, <&c., That in those Townships in Upper sions in cases Canada in which each alternate concession line only has been nate F conces" run in the original survey, but with double fronts as aforesaid, sion lines ^he division or side lines shall be drawn from the posts or monuments on each side of such alternate concession lines to the depth of a concession, that is, to the centre of the space contained between such alternate concession lines, if the con- cessions were intended in the original survey to be of an equal depth, or if they were not so intended, to the proportionate depth intended in the original survey, as shewn on the plan and field-notes thereof of record in the office of the Commis- sioner of Crown Lands of this Province; and each alternate concession line as aforesaid shall be and the same is hereby declared to be the front of each of the two concessions abutting thereon. Rule when a 3O. And be it, &c., That every Land Surveyor, when and drawn *pitfl. as often as he is employed in Upper Canada to run any division only have been run, U.C. THE MUNICIPAL MANUAL. 341 line or side line between lots, or any line required to run M to a go- parallel to any division line or side line in the concession in verging line, which the land to be surveyed lies, shall, if it has not been done before, or if it has been done but the course cannot at such time be ascertained, determine by astronomical ob- servation, the true course of a straight line between the front and rear ends of the governing boundary line of the concession or section, and shall run such division line or side line as aforesaid, truly parallel to such straight line, if so intended in the original survey, or at such angle therewith as is stated in the plan and field notes as aforesaid, which shall be deemed to be the true course of the said governing or boundary line for all the purposes of this Act, although such governing or boundary line as marked in the field be curved or deviate otherwise from a straight course; and the same rule shall be observed, if a line is to be run at any angle with a front line or other line, which may not be straight. 4-O. And be it, &c., That in all cases when any Land Ca?e where Surveyor shall be employed in Upper Canada to run any side line or limit between lots, and the original post or monument from which such line should commence cannot be found, he shall in every such case, obtain the best evidence that the nature of the case will admit of, respecting such side line, post or limit ; but if the same cannot be satisfactorily ascertained, then the Surveyor shall measure the true distance between the nearest undisputed posts, limits or monuments, and divide such distance into such number of lots as the same contained in the original survey, assigning to each a breadth proportionate to that intended in such original survey, as shewn on the plan and field-notes thereof of record in the Office of the Commis- fiioner of Crown Lands of this Province ; and if any portion of the line in front of the concession in which such lots are situ- ate, or boundary of the Township in which such concessions are situate, intended in the original survey to be straight, shall be obliterated or lost, then the Surveyor shall run a straight line between the two nearest points or places where such line can be clearly and satisfactorily ascertained, and shall plant all such intermediate posts or monuments as he may be required to plant, in the line so ascertained, having due respect to any allowance for road or roads, common or commons, set out in such original survey ; and the limits of each lot so found shall be taken to be and are hereby declared to be, the true limits thereof; any law or usage to the contrary thereof in any wise notwithstanding. 342 THE MUNICIPAL MANUAt. Recital. As to allow- ances for road or streets in Towns or Villages laid out by pri- vate parties.' U.C. Proviso. Proviso. Proviso. Original owners or their heirs, Ac., to depo- sit plans of Towns or Villages laid out by them. U.C. 41. And whereas many Towns and Villages in Upper Canada have been surveyed and laid out by companies and individuals, and by different owners of the lands comprising the same, and lands have been sold therein according to the surveys and plans thereof: Be it, &c., That all allowances for road, street or streets, common or commons, which have been surveyed in such Towns and Villages in Upper Canada, and laid down on the plans thereof, and upon which lots of land fronting on or adjoining such allowances for road, street or streets, common or commons, have been sold to purchasers, shall be and the same are hereby declared to be public high- ways, streets and commons ; and all lines which have beea run, and the courses thereof given in the survey of such Towns and Villages, and laid down on the plans thereof, and all posts or monuments which have been placed or planted in the first survey of such Towns and Villages to designate or define any such allowances for road, street or streets, lot or lots, common, or commons, shall be and the same are hereby declared to be the true and unalterable lines and boundaries of all such allow- ances for such road, street or streets, lot or lots, common or commons, in such Towns and Villages, respectively : Provided always, that no lot or lots or land in such Towns and Villages shall be so laid out as to interfere with, obstruct, shut up, OF compose any part of any allowance for road, common or com- mons, which was surveyed and reserved in the original survey of the Township or Townships wherein such Towns or Villages are or may be situate : Provided a/so, that any owner or owners of any such Towns and Villages, or the owner or owners of any original division thereof, shall have lawful right to amend or alter the first survey and plan of any such Town or Village, or any original particular division thereof, provided no lots of land have been sold fronting on or adjoining any street or streets, common or commons, where such alteration is required to be made : Provided also, that from and after the passing of this Act, no such private survey shall be valid, unless performed by a duly authorized Surveyor. . And be it, &c., That the original owner or owners of the lands forming the site of any Town or Village in Up- per Canada, mentioned in the next preceding Section of this Act, or the agent or agents, heirs or other legal representa- tives of the original owner or owners of any such Town or Village, or any original division thereof, shall, within one year from and after the passing of this Act, make or cause to be made and deposited in the Registery Office of the County wherein such Town or Village is situate > a fair and correct THE MUNICIPAL MANUAL. 343 plan or map of such Town or Village, or original division thereof, on a scale of not less than an inch to every four chains, and lay down thereon, or cause to be laid down there- on, all roads, streets, lots and commons within the same, with the courses and width of the roads, streets and commons, and the width and length of all lots, and the courses of all divi- sion-lines between the respective lots within the same, toge- ther with such information as shall show the lot or lots, con- cession or concessions, tract or tracts, block or blocks of land of the Township wherein such Town or Village shall be si- tuate, and every such plan or map of every such Town or Village or original division thereof, shall be certified by some Land Surveyor, and also by the original owner or owners thereof, or the legal representative or representatives of such owner or owners, as being a correct plan or map of the same ; and every copy of such plan or map obtained from such Re- piantobe gistry Office, and certified as correct by the Registrar of such certifie <*- County, shall be taken as evidence of the original plan and survey of such Town or Village in all Courts of Record ; and p ena ity for if any such owner or owners of any such Town or Village, or any original division thereof, or their agents, heirs, or other legal representatives, shall refuse or neglect to make or cause to be made, any such plan or map of any such Town or Vil- lage, or original division thereof, and deposit the same in a Registry Office of the County wherein the same is situate, within one year from and after the passing of this Act, he, she, or they shall forfeit and pay for such refusal or neglect, the sum of two pounds ten shillings, and a like sum for every year thereafter until such plan or map shall be made and de- posited in the Registry Office of the County wherein the same is situate; and the payment of any such penalty or penalties Effectof pay- shall not be held to free or discharge such owner or owners, mentofany their agents, heirs or other legal representatives, from any p such penalties which may not have been paid at the time of such payment ; and all such penalties, fines and forfeitures Recovery may and shall be collected in the same manner and applied to and appiica- the same purposes as like penalties, fines and forfeitures are lSes. fpenal " required to be collected and applied under and by authority of the sixth and seventh Sections of the Act passed in the eighth year of Her Majesty's Reign, and intituled, An Act to 8 vie. cap. 53. declare certain Lands in Upper Canada liable to Assessment, and to oblige the owners of such Lands to make Returns thereof to the District Treasurer. 43. And be it, &c., That whenever any such plan or map Duty of the of any such Town or Village, in Upper Canada, or original di- R fgistrar in 344 THE MUNICIPAL MANUAL. any such vision thereof, shall be made and deposited in the Registry disked 1 *" Office of the County wherein the same shall, be situate, itshall u.c. foe the duty of the Registrar of such County to make a record of the same, and enter the day and year on which the same shall be deposited in his office ; and for such service the said Registrar shall be entitled to charge the same fees, and no more, than are by law established for making a record of any other document, which is by by-law required to be entered on record in such office ; and such Registrar shall thereupon keep a separate book for the registering of title deeds of lands si- tuate in such Town or Village, in the same manner as is by law required for the registering of title deeds for lands situate in Townships. AS to lands 44L And for avoiding all doubt as to the application of concision" 8 the foregoing enactments in the cases hereinafter mentioned : included in e ft } & c ^ That in all cases where any Letters Patent of grant, u.c. grant, or other Instrument, has issued for several lots or par- cels of land in Upper Canada, in concessions adjoining each other, the side-lines or limits of the lots or parcels of land therein mentioned and expressed, shall commence at the front angles of such lots or parcels of land respectively, and shall be run as hereinbefore provided, and shall not con- tinue on in a straight line, through several concessions, unless the side-lines or limits, when run as aforesaid, shall intersect the corresponding post or monument in the front of the con- cession next in rear, that is to say, each such lot or parcel of land shall be surveyed and bounded according to the provi- sions of this Act, independently of the other lots or parcels mentioned in the same grant or instrument. surveyors in 45. And be it, &c., That each and every Land Survey- ada'toSe* or * n Upper Canada shall keep exact and regular journals and regular jour- field-notes of all his surveys, and file them in the order of time field n'oteB, in which the said surveys have been performed, and shall give d furnish C0 pi e s thereof to the parties concerned when so required, for ties inter? 3 * which he shall be allowed the sum of five shillings currency, for each copy, if the number of words therein do not exceed four hundred words, but if the number of words therein ex- ceed four hundred, he shall be allowed six pence additional for every hundred words therein, over and above four hundred words. Surrey-ore in 4O. And be itj <6c., That for better ascertaining the origi- ^PP 61 " nal limits of any lot, concession, range, township or tract of land admlnMe^ in Upper. Canada, every Land Surveyor acting in that portion S t npu?po < s ) e r s" of ttis Province, shall be and he is hereby authorized and re- THE MUNICIPAL MANUAL. 345 quired to administer an oath or oaths to each and every person whom he may examine at any time concerning any boundary, post or monument, or any original land mark, line, limit or angle of any township, concession, range, lot or tract of land which such Surveyor may be employed to survey. 47". And he it, cc., That all evidence to be taken by any Evidence Surveyor as aforesaid, in Upper Canada, shall be reduced to writing, and shall be read over to the person giving the same, per Canada , .,, i ' to be reduced and signed by such person, or it he cannot write, he shall ac- to writing knowledge the same as correct before two witnesses, who shall * d si s ued sign the same with the Surveyor ; and such evidence shall, and any document or plan prepared and sworn to as correct before a Justice of the Peace, by any Surveyor, with reference to any survey by him performed, may be filed and kept in the Reigstry Office of the County in which the lands to which it relates shall be situate, subject to be produced thereafter in evidence in any Court of Law or Equity within Upper Cana- da; and for receiving and filing the same, the Registrar shall be entitled to one shilling and three pence currency ; and the expense of filing the same shall be borne by the parties in the same manner as other expenses of the survey. 48. And be it, &c., That if any person shall, in any Wilful false part of this Province, wilfully swear or affirm falsely concern- under'this ing any matter with regard to which an oath may be required Act to be under this Act, such person shall be deemed guilty of wilful perjury> and corrupt perjury, and being thereof convicted before any competent Court shall be liable to be punished accordingly. 4$. And be it, &c., That if any action of ejectment shall AS to cases be brought against any person or persons, who, after any line canS* or limit shall have been established according to this Act, in where, from Upper Canada, shall be found, in consequence of unskilful survey, a survey, to have improved on lands not his, her or their own, J^? 7 it shall and may be lawful for the Judge of Assize, before proved lands whom such action shall have been tried, to direct the Jury to Sb?nO. And be it, &c., That from and after the passing of this Act, in all cases in which the Jury before whom any ac- tion of ejectment shall be tried in Upper Canada shall assess damages for the defendant as provided in the next preceding section, for improvements made upon land not his own, in consequence of unskilful survey, and when it shall be satis- factorily made to appear that the defendant does not contest the plain tiff's action for any other purpose than to obtain the value of the improvements made upon the land previous to the alteration and establishing of the lines according to law, it shall and may be lawful for the Judge before whom such action shall be tried to certify such fact upon the record, and thereupon the defendant shall be entitled to the costs of the defence, in the same monner as if the plaintiff had been non- suited on the trial, or a verdict rendered for the defendant ; provided the defendant shall, at the time of entering into the consent rule, have given notice in writing to the lessor or les- sors of the plaintiff in such ejectment, or to his Attorney named on the Writ or declaration of the amount claimed for such improvements, on payment of which amount the defen- dant or person in possession \ull surrender to such lessor or lessors, and that the said defendant does not intend at the trial to contest the title of the lessor or lessors of the plaintiff; and if such notice shall on the trial be found not to have been given as aforesaid, or if the jury shall assess for the defendant a less amount than that claimed in the notice, or shall find that the defendant has refused to surrender possession of the land claimed, after tender shall have been made of the amount claimed, then in any of such cases the Judge shall not certify, and the defendant shall not be entitled to the costs of the defence, but shall pay costs to the plaintiff; any thing herein contained to the contrary notwithstanding ; Provided always, that upon the trial of any such cause no evidence shall be required to be produced in proof of the title of the lessor or lessors of the plaintiff. 51. And be it, &c., That the words " Governor of this Province" or " Governor" wherever they occur in this Act, shall be understood to include the Lieutenant-Governor or person Administering the Government of this Province ; and the words " Upper Canada" shall be understood to mean all that part of the Province which formerly constituted the Pro- vince of Upper Canada ; and the words " Lower Canada" shall be understood to mean all that part of the Province which formerly constituted the Province of Lower Canada; and the words " Commissioner of Crown Lands" shall be un- THE MUNICIPAL MANUAL. 347 derstood to mean the person discharging the duties of that officer ; and words importing the singular number only shall be understood to include several persons, matters or things of the same kind, as well as one person, matter or thing, unless it be otherwise specially provided, or there be some- thing in the subject or context repugnant to or inconsistent with such construction. SCHEDULE, A. FORM OF A CERTIFICATE OF ABMISSION AS A PROVINCIAL LAND SURVEYOR. This is to certify to allVhom it may concern, that A. B., of in the District of"- hath duly passed his exami- nation before the Board of Examiners, and hath been found qualified to fill the office, and perform the duties of a Provin- cial Land Surveyor in and for Upper (or Lower) Canada, he having complied with all the requirements of the Law in that behalf. Wherefore the said A. B. is admitted to the said Office, and is by Law authorized to practise as a Land Sur- veyor in Upper (or Lower) Canada. In witness whereof, we have signed this Certificate at in the District of Province of Canada, the day of one thousand eight hundred and Signature of the President, C. D. Signature of the Secretary, E. F. 12. VIC. CAP. 36. An Act to exempt Firemen, after a certain number of years' service as such, from Militia and other duties. [30th May, 1849.] WHEREAS it is expedient to encourage the formation of a, . /TV i. T A i Preamble- efficient companies ot Jbiremen by rewarding those members who have served regularly for several years : Be it, &c., That when any member of any Company of Firemen, which Firemen is or may be regularly enrolled in any City, Town or place in having serv- which the formation of Companies of Firemen is by law au- JtwSre- thorized and regulated, has regularly and faithfully served for 8Jfn d i f m the space and term of seven consecutive years in the same, certatnofficea. the said member shall be entitled to receive, upon producing due proof of his having served seven consecutive years as aforesaid, a certificate from the Clerk of the Peace of the Dis- trict in which he resides, or the Clerk of the Corporate Body or Board of Police under whose authority the said Company 348 THE MUNICIPAL MANUAL. Proviso. Preamble. shall have been established, that he has been regularly en- rolled and served as a member of the said Fire Company for the space of seven years; which certificate shall exempt the individual named therein from Militia duty in time of peace, from serving as a constable, and from all Parish and Town offices ; any law, custom or usage to the contrary notwith- standing : Provided always, that nothing herein contained shall be construed to exempt any such Fireman from serving as a juryman. Commence- ment of this Act. Districts abolished. District Courts, Ac., to become County Courts, 4c. 12 VIC. CAP. 78. An Act for abolishing the Territorial Division of Upper Ca- nada into Districts, and for providing for temporary Unions of Counties, for Judicial and other purposes, and for the future dissolution of such Unions, as the increase of wealth and population may require. [30th May, 1849.] WHEREAS by reason of the subdivision of Districts in that part of this Province called Upper Canada, the boundaries thereof have, in many cases, become identical with the boun- daries of Counties, and there being no longer any sufficient reason for continuing such territorial division in that part of the Province, it is expedient to abolish the same, and, follow- ing in this particular the Mother Country, to retain only the name of County as a territorial division for Judicial as well as all other purposes, providing at the same time for temporary Unions of Counties for Judicial and other purposes, and the future dissolution of such Unions as the increase of wealth and population may from time to time require : Be it, &c., That this Act shall come into and be in operation upon, from and after the first day of January, in the year of our Lord, one thousand eight hundred and fifty. 1. ABOLITION OF DISTRICT DIVISIONS. 2. And be it, &c., That the division of that part of this Province called Upper Canada into Districts for Judicial and other purposes, shall be and the same is hereby abolished. 3. And be it, &c., That the Courts, Court Houses, and Gaols, heretofore called District Courts, Court Houses and Gaols, shall from henceforth be called County Courts, Court Houses and Gaols, and the District Grammar Schools, County Grammar Schools, and all and singular the Offices and Officers now appertaining to the said Districts shall henceforth belong and appertain to the said Counties respectively, and whenever THE MUNICIPAL MANUAL. 349 the said Offices or Officers have the title or denomination of Offices or Officers of or for the District, they shall henceforth have the title or denomination of Offices or Officers of or for the County } and all laws at present in force, or during the LWS appii- present Session of Parliament made or to be made applicable jJJXrictB to to the said division of territory by the name of Districts, or the Courts, Offices or other Institutions thereof, shall be applied to and have the same operation and effect upon the said Coun- ties and their respective Courts, Offices and other Institutions, as Counties. 4. And be it, &c., That the Courts of Assize and Nisi Courts of Prius, and Oyer and Terminer, Gaol Delivery, Sessions of the Peace and District Courts, shall be held in and for the said Counties, as such Courts are now held for the different Dis- tricts in Upper Canada, and that the name County shall be used in designating such Courts, and also in all legal proceed- ings where the name District is now, or by any Act passed or to be passed during the present Session ef Parliament, shall be used. 24. And whereas, The Counties mentioned in the Sche- dule to this Act annexed, marked C., comprehend one area of territory for some purposes, and another and different area for othea purposes : And whereas such diversities are inconvenient and should be discontinued : Be it, &c, That the several Certain^ ^ Counties mentioned in the said Schedule marked C., shall, as conSstof an well for the purposes of Representation, and the Registration J^JJ^JJi, of Titles, as for Judicial, Municipal, and all other purposes area for ail whatsoever, consist of and include the Townships and places P ur P ses - mentioned as lying therein, in the said Schedule C., and such Townships and places as from time to time may hereafter be attached thereto according to Law. 25. And be it, &c., That for Judicial purposes only, the Oneidaana Townships of Oneida and Seneca shall remain attached to and Stacked to form part of the County of Wentworth so long as the County w r e ^ r w t ^ h of Haldiruand shall remain united to the County of Lincoln, purposes. and no longer. 2G. And be it, &c., That for Judicial purposes only, the Townships of Rainham and Walpole shall remain attached to and form part of the County of Norfolk, so long as the County Norfolk for of Haldimand shall remain united to the County of Lincoln, poises, and no longer. 27" And be it, &c., That the several Counties in Upper HOW certain Canada not mentioned in the Schedule to this Act annexed, to be formed marked C., shall, as well for the purpose of Representation 350 THE MUNICIPAL MANUAL. Proviso. How Cities are to be formed for and the Registration of Titles, as for Judicial, Muncipal, and all other purposes whatsoever, consist of and include the seve- ral Townships, Villages, Towns, and places of which, for the purposes of Representation, such Counties are now by Law declared to consist, and such other Townships and Places as from time to time may hereafter be attached thereto according to Law: Provided always, nevertheless, that nothing in this Section contained shall interfere, or be construed to interfere, with the union of certain of such Counties for the purpose of Representation in Parliament as hereinafter mentioned. 28. And le it^ &c., That for the purposes of Represen- tation in the Provincial Parliament, the City of Toronto and the Liberties thereof shall form no part of the County of York ; the City of Kingston and the Liberties thereof, no part of the County of Frontenac; and the City of Hamilton and the Liberties thereof, no part of the County of Wentworth ; and the Towns of Niagara, Cornwall, Brockville, London and By- town, no part of the respective Counties of Lincoln, Stormont, Leeds, Middlesex or Carleton, within the bounds of which such Towns are respectively situated. Toronto, 20. And le it, <&c., That the Cities of Toronto, Kingston, d?iamii- an( * Hamilton, with their respective Liberties, shall for all ton united to Judicial purposes, except as hereinafter excepted, be united to tSorTudi- tf 16 following Counties respectively, that is to say : the said ciai purposes City of Toronto and the Liberties thereof to the County of York; the said City of Kingston and the Liberties thereof, to the County of Frontenac } and the said City of Hamilton and the Liberties thereof, to the County of Wentworth ; ex- cepting always nevertheless, as respects such Cities and the Liberties thereof, such Judicial Powers and Provisions as are comprehended in the respective Legislative Charters of such Cities respectively, or such powers and provisions as may be so comprehended in any Act or Acts for amending those Char- ters or any of them, or in any general Act for that purpose applicable to the whole of such Cities in general, or in any other Act or Acts applicable to them or any of them in par- ticular. IV. MISCELLANEOUS AND TEMPORARY PROVISIONS. 3O. And le it, &c., That the Town Reeves of the differ- ent Townships, Unions of Townships, Villages and Towns in the Counties of Kent and Lambton, shall form a Provisional Municipal Council for such Counties as United Counties, and such Provisional Municipal Council shall, with respect to such Counties, have, possess and exercise all and singular the rights, Exceptions. Provision aa to the United Counties of Lambton and Kent. THE MUNICIPAL MANUAL. 351 powers, privileges and duties hereby conferred, granted or im- posed upon Provisional Municipal Councils generally, erected by Proclamation under the authority of this Act, and also all such powers as by an Act of the Parliament of this Province, passed in the Session held in the tenth and eleventh years of Her Majesty's Reign, intituled, An Act to divide the Western District of the Province of Canada, and for other purposes therein mentioned, were conferred upon the Township Coun- cillors of the different Townships of the said Counties ; and such Provisional Municipal Council shall be charged with and liable to any debt that may have been contracted by competent authority on behalf of the District by that Act intended to be erected ; and the Municipal Corporation of such United Coun- ties, both Provisional and Permanent, shall and they are hereby required to provide for the payment of every such debt, and in default of their doing so, the same shall and may be sued for, recovered and levied by rate or otherwise, as in the case of debts of any other Municipal Corporation in Upper Canada. 31, And be it, c&c., That so soon as the Court House and Further Gaol, now in course of being erected under the authority of regard the said Act of Parliament last mentioned, shall have been united completed, according to the provisions of the said Act, and Kent and the other provisions of the fifteenth section of this Act, shall have been complied with by the said United Counties of Kent and Lambton, it shall and may be lawful for the Governor of this Province in Council to issue a Proclamation, dissolving the Union between the said United Counties of Kent and Lambton and the County of Essex, and from thenceforth the said United Counties of Kent and Lambton shall form a Union of Counties, and all the provisions of this Act applicable to Unions of Counties in general shall be applicable to such Union td all intents and purposes, as if such United Counties were set forth as such in the Schedule to this Act annexed marked A. . And be it, &c., That all actions, informations, indict- Provision as ments, inquisitions and other proceedings, of what nature or J^JfJjji kind soever, whether of a judicial or any other character, now other pro- pending in the several Districts in Upper Canada, shall from JJe present henceforth be deemed and taken to all intents and purposes restricts. whatsoever, to be pending in the Counties or Unions of Coun- ties, to which they are respectively transferred, as respectively set forth in the Schedule to this Act annexed marked B, as if the same had been originally instituted and proceeded with in such Counties or Unions of Counties respectively, and the dif- ferent Courts, Officers and other authorities in which or before 352 THE MUNICIPAL MANUAL. whom the same shall be respectively pending, shall take such order respecting the same as may be necessary or expedient for the proper disposition of the same, according to law, without prejudice to the parties interested or affected, or any of them, from the abolition of such Division into Districts, and the establishment of a Division into Counties in lieu thereof, as herein provided. Recital. S3. And whereas divers of the inhabitants of each of the two Counties of Haldimand and Welland, the Junior Counties of the United Counties of Lincoln, Haldimand and Welland, have petitioned Parliament to be set apart for judicial and other purposes, and the sense of the said two Counties respec- tively being in favour of such separation, and their wealth and population being sufficient to entitle them to the same, accord- ing to the provisions of this Act, for the dissolution of such Unions, it appears expedient that provision should be at once made for enabling such two Counties, or either of them, to procure such separation so soon as they shall have made the Town Reeves necessary preparations for that purpose : Be it, 5t> THE MUNICIPAL MANUAL. 3. Brockville. To consist of all that part of this Province situate within the county of Leeds, and lying within the fol- lowing limits, that is to say : Comprising that part of the Township of Elizabethtown known as the front halves of township lots numbers ten, eleven, twelve and thirteen, and of the west half of township lot number nine, and of the east half of township lot number fourteen, in the first concession of the said township, extend- ing the same respectively to the water's edge of the River St. Lawrence, together with such parts of the water of the said Eiver, and of the land under the said water, as lies in front of the said lots within three hundred yards of the said water's edge, and also including the small island in front of the said Town on which a block house is now built, and all public roads and highways running through or by any of the said half lots within the exterior limits thereof. The said Town to be divided into three "Wards, to be called respectively, East Ward, West Ward, and Centre Ward, and to comprise the following portions of the said Town respec- tively, that is to say : The said Centre Ward to comprise all that part of the said Town known as the front half of the west half of the said township lot number eleven, and of the front half of the east half of the said township lot number twelve, in the first con- cession of Elizabethtown, aforesaid, extending the same res- pectively to the water's edge of the said River St. Lawrence, together with such parts of the water of the said river and of the land under the said water as lies in front of the said last mentioned half lots, and within three hundred yards of the said water's edge, and including the said small island. The said West Ward to comprise all that part of the said Town which lies to the west of the said Centre Ward. And the said East Ward to comprise all that part of the said Town which lies east of the said Centre Ward. 4. Bytown. To consist of all that part of this Province situate within the county of Carleton, and lying within the following limits, that is to say : Commencing at the water's edge of the river Rideau on the line which divides lots E and F in concessions D and C, and thence, in a continuous direct line, across lot number forty, to the side-line dividing lots numbers thirty-nine and forty ; thence, following the said line northerly in the first concession to the line dividing concession A and the first concession, and in concession A embracing the whole of the broken lot num- ber thirty-nine to the river Ottawa, including all the islands THE MUNICIPAL MANUAL. 359 down to the southerly end of the chain bridge ; thence, fol- lowing the waters of the Ottawa in the centre of the channel to the western branch of the waters of the river Rideau ; thence against the stream up the river Rideau to the place of beginning. The said Town to be divided into three Wards to be called respectively East Ward, Centre Ward, and West Ward, and to comprise the following portions of the said Town, respec- tively, that is to say : Lower Bytown shall comprise that portion of the said Town which lies easterly from the Rideau Canal, and shall constitute two Wards by the name of East Ward and Centre Ward. The said East Ward to comprise all that portion of the said Lower Town which lies east of the centre of Dalhousie Street, so far as the said street is now opened, and thence in a direct line produced from the centre of the said street until it inter- sects the limits of the town on the south. The said Centre Ward to comprise all that portion of the said Lower Town not included in the East Ward. The said West Ward shall comprise all that portion of the said town which lies westerly from the Rideau Canal, and which shall constitute Upper Bytown. 6. Cornwall. To consist of all that part of this Province situate within the county of Stormont, and lying within the following limits, that is to say : Comprised within the limits or 'boundaries 'heretofore re- served and set apart by Government as a Town plot, together with the parcel or tract of ungranted land in front thereof, and the harbour. The said Town to be divided into three Wards, to be called respectively East Ward, West Ward, and Centre Ward, and to comprise the following portions of the said Town respec- tively, that is to say : The said East Ward to comprise all that part of the said Town which lies between Amelia Street and t"he eastern limits of the said town. The said West Ward to comprise all tliat part of the said town which lies between Augustus Street and the western boundary of the said town ; and The said Centre Ward to comprise all that remaining part of the said town which lies between Amelia Street and Au- gustus Street, and not included In either of the before men- tioned Wards. 7. Dundas. To consist of all that part of this Province situate within the county of Halton, and lying within the fol- lowing limits, that is to say : 860 THE MUNICIPAL MANUAL. Commencing on the division line between the property >f George Rolph, Esquire, and the property of the late Harker Lyons, on the York road ; thence, following the said road, westerly, to the road leading up the mountain to John Keagy'a, the younger ; thence in a straight line by compass to a monu- ment, within a few feet of the site of the old oatmeal mill ; thence across the creek or stream to a stone monument placed at the distance of five hundred feet from the west bank thereof; thence, following the said creek or stream at a distance through- out of five hundred feet from the west and south bank thereof, to where a stone monument is placed south of Mr. Ewart's mill-dam ; thence, running in a straight line to a stone monu- ment placed on the boundary line between the property owned by John 0. Hatt, Esquire, and the estate of the late Manuel Overfield; thence, to a stone monument placed on the boun- dary line between the property owned by Thomas Hatt and the said John O. Hatt ; thence, along the said boundary line to a stone monument placed in South Street; thence, follow- ing South Street till it intersects East Street ; thence, des- cending the hill in a northerly direction till it intersects the Governor's road ; thence, following the said road, easterly, to a stone monument placed in a line at right angles with the place of beginning ; thence, along the said line to the place of beginning. The said Town to be divided into four Wards, to be called respectively, Mountain Ward, Canal Ward, Foundry Ward, and Valley Ward, and to comprise the following portions of the said Town respectively, that is to say : The said Mountain Ward to comprise all that part of the said Town commencing on the Sydenham road at the northern boundary of the said town ; thence, running along the said Sydenham road until it intersects King Street ; thence, along the said King Street in an easterly direction until it intersects Main Street ; thence, along the said Main Street, until it in- tersects Baldwin or Flamboro' Street ; thence, along the same to the basin of the Desjardins Canal; thence, along the said canal until the eastern boundary or limit of the said town is intersected ; thence, following the said eastern boundary to the northern boundary line of the said town ; thence, follow- ing the same to the place of beginning. The said Canal Ward to comprise all that part of the said town, commencing on King Street at a post planted between the lands owned by Orlando Morley and John Walker; thence running south to the southern boundary of the said town ; thence, along the said boundary to the eastern boundary until the Desjardins Canal is intersected; thence, along the said THE MUNICIPAL MANUAL. 361 canal in a westerly direction until East Street is intersected (Coote's Paradise); thence, along Baldwin orFlamboro' Street to Main Street; thence, along the said Main Street in a northerly direction till it intersects King Street ; thence along the said King Street to the place of beginning. The said Foundry Ward to comprise all that part of the said Town, commencing on King Street at a post planted between the lands owned by Orlando Morley and John Walker; thence along the said King Street, west, until it intersects Peel Street; thence, south, until James Street is intersected; thence, westerly, along the said James Street until it intersects the western boundary of the said town ; thence, along the western and southern boundary of the said town until the boundary between Wards numbers two and three is intersected ; thence, northerly, to the place of beginning; and The said Valley Ward to comprise all that part of the said town, commencing at the northern boundary of the said town on the Sydenham road ; thence, following the north-western limits of the said town to a stone monument within a few feet of the site of the old oatmeal mill ; thence, across the stream or creek to a stone monument placed at the distance of five hundred feet from the west bank thereof; thence, along the western boundary of the said town to a stone monument placed on a line at right angles with James Street; thence, along James Street, easterly, until Peel Street is intersected ; thence, along Peel Street to King Street ; thence, along King Street to Sydenham road; thence, along Sydenham road to the place of beginning. 8. Goderich. To consist of all that part of this Province situate within the county of Huron, and lying within the fol- lowing limits, that is to say : Commencing at a point where the south limit of Britannia Road produced intersects the water's edge of Lake Huron ; thence, northerly, along the said water's edge to the south pier of the harbour ; thence, easterly, along the said pier and south side of the River Maitland, to a point where the west limit of Wellington Street produced intersects the said south side of the River Maitland ; thence, due south, along the safd produced limit of Wellington Street to the crown of the hill; thence, easterly along the crown of the said hill, following the several windings thereof, to the east end of Gloucester Ter- race ; thence, southerly, along the eastern limit of the River Maitland, until it intersects the south-easterly limit of Bri- tannia Road ; thence, south-easterly along the south-east limit of Britannia Road to an angle thereof; thence, due west, along $62 TEE MUNICIPAL MANUAL. the south limit of the said Britannia Road to the plaoe of be- ginning. The said Town to be divided into four Wards, to be called respectively Saint George's Ward, Saint Patrick's Ward, Sainfc Andrew's Ward, and Saint David's Ward ; and to comprise the following portions of the said town respectively, that is to eay : The said Saint George's Ward to comprise all that part of the said town which 'lies northward ef the centre of West Street and westward of the centre of North Street. The said Saint Patrick's Ward to comprise all that part of the said town which lies northward of -the centre of East Street and eastward of the centre of North Street. The said Saint Andrew's Ward to comprise all that part of the said town which lies southward of the centre of West Street and westward of the centre of South Street ; and The said Saint David's Ward to comprise all that part of the said town which lies southward of the centre of East Street and eastward of the centre of South Street. 9. London. To consist of all that part of this Province situate within the county of Middlesex, and lying within the following limits, that is to say : All the lands comprised within the old and new surveys of the said town, together with the lands adjoining thereto, lying between the said surveys and the river Thames, producing the northern boundary line of the new survey, until it intersects the north branch of the river Thames, and producing the eastern boundary line of the same new survey, until it inter- sects the east branch of the river Thames. The said town to be divided into four Wards, to be called respectively Saint George's Ward, Saint Patrick's Ward, Saint Andrew's Ward, and Saint David's Ward, and to comprise the following portions of the said town respectively, that is to say : The said Saint George's Ward to comprise all that part of the said town which lies north of the Northern Line and con- tinuation of Hitchcock and Duke Streets. The said Saint Patrick's Ward to comprise all that part of ilke said town which lies between King Street and Saint George's Ward aforesaid. The said Saint Andrew's Ward to comprise all that part of the said town which lies between Horton Street and Saint Patrick's Ward aforesaid ; and The said Saint David's Ward to comprise all that part of the said town which lies south of Horton Street. 10. Niagara. To consist of all that part of this Province THE MUNICIPAL MANUAL. 568 situate within the county of Lincoln, and lying within the following limits, that is to say : Commencing at Mississagua Point; thence, westerly, along Lake Ontario to Crookston j thence, along the rear or town line of Niagara to the Black Swamp road ; thence, along the eastern limit of the lands of the late Thomas Butler, Esquire, deceased, and the lands of Garret Slingerland, to the north- west angle of the lands of John Eccleston ; thence, easterly, to where the lands formerly owned by the Honourable William Dickson and the late Martin McLennon, deceased, come in contact; thence, easterly, along the northern boundary of the lands of the said Martin McLennon, deceased, to the River Niagara ; thence, northerly, down the said Niagara River to the place of beginning. The said Town to be divided into five Wards, to be called, respectively, Saint Lawrence Ward, Saint George's Ward, Saint Patrick's Ward, Saint David's Ward, and Saint An- drew's Ward, and to comprise the following portions of the said Town respectively, that is to say : The said Saint Lawrence Ward to comprise all that part of the said town which lies south of the centre of the street called King Street, which runs directly from the River Niagara, and commencing at the house now occupied by Mr. Walter Elliot, or the Lower Ferry, and terminating at the western limit of the town. The said Saint George's Ward to comprise all that part of the said town which lies north of the centre of the street forming the northern boundary of Saint Lawrence Ward, and south of the centre of the next parallel street. The said Saint David's Ward to comprise all that part of the said town which lies north of the street forming the northern boundary of Saint George's Ward, and south of the centre of the next parallel street. The said Saint Patrick's Ward to comprise all that part of the said town which lies north of the street forming the northern boundary of Saint David's Ward, and south of the centre of the next parallel street. And the said Saint Andrew's Ward to comprise all that part of the said town which lies north of the street forming the northern boundary of Saint Patrick's Ward. 11. Peterborough. To consist of all that part of this Pro- vince situate within the county of Peterborough, and lying within the following limits, that is to say : Comprising all the lands in the Government Surveys of the present town of Peterborough, and lying north of Townsend 364 THE MUNICIPAL MANUAL. Street, and east of Park Street to the centre of the River Otonabee, as the eastern limit of the said town, and to the centre of the allowance for road forming the boundary line between the Townships of Monohan and Smith, as the northern boundary of the said town And divided into four Wards, to be called East Ward, North Ward, Centre Ward, and South Ward, and to comprise the following portions of the said town respectively, that is to say : The said East Ward to comprise all that part of the said town which lies east of George Street. The said North Ward to comprise all that part of the said town which lies west of George Street and north of Brock Street. The said Centre Ward to comprise all that part of the said town which lies west of George Street, south of Brock Street, and north of Simcoe Street. And the said South Ward to comprise all that part of the said town which lies west of George Street and south of Sirncoe Street, iucluding the Government Reserve south of the said town. SCHEDULE C. CITIES. 1. Hamilton. The City and Liberties thereof to consist of all that part of this Province situate within the County of Wentworth and lying within the following limits, that is to say : Commencing at the north-east corner of lot number eleven, in the Township of Barton, on the waters of Burlington Bay; thence, following the line between lots numbers ten and eleven, in a southerly direction, to the rear of the third concession of the said Township of Barton; thence, along the said concession, westerly, to the intersection of the line between lots numbers twenty and twenty-one of the said Township ; thence, in a northerly direction, following the said line between the said lots numbers twenty and twenty-one until it reaches the Marsh at the head of Burlington Bay; thence, along the southerly and easterly margin of the said Marsh, to the waters of Bur- lington Bay; thence, along the southerly range of Burlington Bay, to the place of beginning, including the several road allowances along the said boundary, and the harbour in front of the said City. The said City to consist of all that part of the trsct of land above described, lying within the following limits, that is to say: THE MUNICIPAL MANUAL. 365 Commencing at the north-east corner of lot number twelve, in the Township of Barton, on the waters of Burlington Bay ; thence, following the line between lots numbers eleven and twelve, in a southerly direction, to the rear of the third con- cession of the said Township of Barton ; thence, along the said concession, westerly, to the intersection of the line between lots numbers twenty and twenty-one of the said Township ; thence, in a northerly direction, following the said line between the said lots numbers twenty and twenty-one until it reaches the marsh at the head of Burlington Bay; thence, along the southerly and easterly margin of the said marsh, to the waters of Burlington Bay ; thence, along the southerly margin of Burlington Bay to the place of beginning, including the several road allowances along the said boundary, and the harbour in front of the said City. The said City to be divided into five Wards, to be called respectively Saint George's Ward, Saint Patrick's Ward, Saint Lawrence Ward, Saint Andrew's Ward, and Saint Mary's Ward, and to comprise the following portions of the said City respectively, that is to say : The said Saint George's Ward to comprise all that part of the said City which lies south of King Street and west of John Street. The said Saint Patrick's Ward to comprise all that part of the said City which lies south of King Street and east of John Street. The said Saint Lawrence Ward to comprise all that part of the said City which lies north of King Street and east of John Street. The said Saint Andrew's Ward to comprise all that part of the said City which lies north of King Street and between John and MacNab Streets. And the said Saint Mary's Ward to comprise all that portion of the said City which lies north of King Street and west of MacNab Street. And so much of the liberties of the said City as are adjacent to the respective Wards shall be attached to the same respec- tively, and the limits between the respective portions of the said liberties hereby attached to the different Wards of the said City be ascertained by the extension of the boundary lines between the said Wards respectively through the said liberties. 2. Kingston. The City and Liberties thereof to consist of all that part of this Province situate within the County of Frontenac and lying within the following limits, that is to say : Commencing at the water's edge on Lake Ontario in the 866 THE MUNICIPAL MANUAL. direction of the line between lots numbers twenty and twenty- one in the first concession of the township of Kingston ; thence, in a direct line to the second concession of the said Township of Kingston and across the road, between the first and second concessions to the south-easterly angle of lot number twenty- four in the said second concession ; thence, north, on the side line of the said lot number twenty-four to a point in line with the limit between lots numbers four and five on the west side of the great river Cataraqui produced from the said river; thence, along the said limit to the water's edge at low water mark ; thence, along the said edge of the great river Cataraqui and along the water's edge at low mark of Lake Ontario with the windings and turnings to the place of beginning, together with all the water lying between the front of the City and the opposite shore of the Township of Pittsburgh, as far as Point Frederick, and beyond Point Frederick all the water lying in front of the said City and Liberties, which may be distant five hundred yards from the main shores of Wolfe Island, Garden Island and Simcoe Island. The said City to consist of all that part of the tract of land above described lying within the following limits, that is to say: Commencing at a point on a line produced five hundred feet from the shore in the direction of the line between lots num- bers twenty-three and twenty-four, in the first concession of the Township of Kingston ; thence, north, along the said line, to the front of the second concession of the said Township ; thence, on the northerly side of the concession road, to the south- easterly angle of lot number twenty-four in the said second concession ; thence, north, on the westerly side of the road, to a point directly opposite the boundary line dividing lots num- bers one and two, on the west side of the great river Cataraqui; thence, along the said division line, to the water's edge of the said great river Cataraqui ; thence, in prolongation of the said division line across the said river, to the water's edge on the easterly side thereof, and along the water's edge at low water mark, to the extreme south-westerly point of Point Frederick, in the Township of Pittsburgh ; thence, southerly, parallel to the westerly boundary line of the said City, as hereinbefore set forth, to the distance of five hundred feet from the said south-westerly point of Point Frederick; thence, westerly, in a right line, to the place of beginning The said City to be divided into seven Wards, to be called, respectively, Sydenham Ward, Ontario Ward, Saint Lawrence Ward, Frontenac Ward, Cataraqui Ward, Rideau Ward, and THE MUNICIPAL MANUAL. Victoria Ward, and to comprise the following portions of the said City respectively, that is to say : The said Sydenham Ward to comprise all that part of the said City which lies westward and southward of a line drawn from the foot of William Street through the centre of the said Street to tke limits of the said City. The said Ontario Ward to comprise all that part of the said City which lies between the last mentioned line of Sydenham Ward and a line drawn from the foot of Brock Street through the centre of the said Street to the limits of the said City. The said Saint Lawrence Ward to comprise all that part of the said City which lies between the last mentioned line of Ontario Ward and. a line drawn from the foot of Princess Street, through the centre of the said Street to the limits of the said City. The said Cataraqui Ward to comprise all that part of the said City which lies eastward and northward of a line drawn from the foot of Princess Street through the centre of the said street to Montreal Street ; thence, through the centre of Montreal Street aforesaid, and across the Artillery Reserve, to the present travelled road known as the " Montreal Road;" thence, through the centre of the said road to the limits of the said City. The said Frontenac Ward to comprise all that part of the said City which lies northward of the last mentioned line, run- ning through the centre of Montreal Street, and the Montreal Road to the City limits, and northward and eastward of a line extending from Montreal Street (where it intersects Princess Street) through, the centre of Princess Street, to the limits of the said City. The said Rideau Ward to comprise all that part of the said lot number twenty-four, lying on the north side of the con- tinuation of Arthur Street, through the said lot, in a direct line to the Concession Road between the first and second con- cessions of the said Township of Kingston. And the said Victoria Ward to comprise all that part of the said lot number twenty-four lying on the south side of the said continuation of Arthur Street aforesaid. And so much of the Liberties of the said City as are adja- cent to the respective Wards, shall be attached to the same respectively, and the limits between the respective portions of the said Liberties hereby attached to the different Wards of the said City, be ascertained by the extension of the boundary lines between the said Wards respectively and through the* said Liberties. THE MUNICIPAL MANUAL 3. Toronto. The City and Liberties thereof to consist of all that part of the Province situate in the county of York, and lying between the following limits, that is to say : Commencing at the distance of one chain, on a course, south, sixteen degrees east, from the south-westerly corner of lot number two, in the first concession from the Bay, in the town- ship of York, in the county of York ; thence, southerly, in the direction of the side line between lots numbers two and three, in that concession, to the distance of five hundred feet from the point at which the said line intersects the margin of the water on the shore of Lake Ontario; thence, westerly, through the waters of Lake Ontario, following the direction of the cur- vatures of the shore, and keeping always at the distance of five hundred feet from the margin of the water till the point is attained, which is five hundred feet from the north-western- most point of the Island or Peninsula, forming ttte harbour ; thence, across the bay or harbour of York, to a point where a line, drawn southerly from the north-easterly corner of Park lot number twenty-nine, in the said township of York, in the direction of the easterly boundary line of the said Park lot, intersects the margin of the water on the shore of Lake Onta- rio ; thence, northerly, in the direction of the said line so drawn from the said corner of the said Park lot through the said corner, to the point at which the said line so drawn through the said corner intersects the northerly boundary line of the allowance for road between the Park lots and the second con- cession from the Bay in the said township of York ; thence, easterly, along the said northerly boundary line of the said allowance for road, to the easterly shore or water's edge of the River Don ; thence, southerly, along the water's edge, on the eastern side of the said river, to the point where the said water's edge intersects the southerly boundary line of the allowance for road, in front of the said first concession ; thence, easterly, along the southerly boundary line of the allowance for road, in front of the said first concession, to the place of beginning The said City to consist of all that part of the tract of land above described lying within the following limits, that is to say : Commencing at the distance of one chain, on a course north, seventy-four degrees east, from the south-east angle of Park lot number three, in the said township of York; thence, south, sixteen degrees east, upon a continuation of the allowance for road between Park lots numbers two and three to the water's edge of the Bay in front of the said city ; thence, westerly, THE MUNICIPAL MANUAL. 369 along the water's edge of the said Bay to the point at which the westerly limit of the allowance for road between Park lots numbers eighteen and nineteen, in the said township of York, Heing produced southerly, intersects the said water's edge; thence, northerly, in the direction of the said westerly limit of the said allowance for road to the distance of four hundred yards north of the northerly boundary line of Queen Street ; thence, easterly, parallel to Queen Street to the easterly boun- dary line of the allowance for road between Park lots numbers two and three ; thence, south, sixteen degrees east, along the easterly boundary line of the said allowance for road, four hun- dred yards, more or less, to the place of beginning. And the remainder of the said tract, to constitute the Liberties of the said City. The said City to be divided into six Wards, to be called respectively the Wards of St. James, St. David, St. Lawrence, St. George, St. Andrew, and St. Patrick, and to comprise the following portions of the said City respectively, that is to say : The said Ward of St. James to comprise all that part of the said City, lying between the northerly boundary line of King Street east, the westerly boundary line of Yonge Street, the easterly boundary line of Nelson Street, and the northerly boundary line of Queen Street east. The said Ward of St. David to comprise all that part of the said City lying to the eastward of the westerly boundary line of Nelson Street, and to the north of the northerly boundary line of King Street east. The said Ward of St. Lawrence to comprise all that part of the said City lying to the southward of the northern boundary line of King Street east, and to the eastward of the westerly boundary line of Yonge Street. The said Ward of St. George to comprise all that part of the said City, lying to the southward of the northerly boundary line of King Street, and to the westward of the westerly boun- dary line of Yonge Street. The said Ward of St. Andrew to comprise all that part of the said City lying between the northerly boundary line of King Street east, and the northerly boundary line of Queen Street east, and west of the westerly boundary line of Yonge Street. And the said Ward of St. Patrick to comprise all that part of the said City lying to the north of the northerly boundary line of Queen Street west, and west of the westerly boundary line of Yonge Street. And so much of the Liberties of the said City as lies to the A2 370 THE MUNICIPAL MANUAL. southward and eastward of the St. Lawrence Ward, shall be and is hereby attached to the St. Lawrence Ward ; so much thereof as lies to the northward and eastward of the St. David's Ward, shall be and is hereby attached to the said St. David's Ward ; so much thereof as lies to the northward of the said St. James's Ward, shall be and is hereby attached to the said St. James's Ward ; so much thereof as lies to the southward and westward of the St. George's Ward, shall be and is hereby attached to the said St. George's Ward j so much thereof as lies to the westward of the St. Andrew's Ward, shall be and is hereby attached to the said St. Andrew's Ward ; and so much thereof as lies to the northward and westward of the St. Patrick's Ward, shall be and is hereby attached to the said St. Patrick's Ward ; the limits between the respective portions of the said Liberties hereby attached to the different Wards of the said City being ascertained by the extension of the boundary lines between the said Wards respectively, through the said Liberties, except the boundary line between the por- tions hereby attached to the St. Lawrence Ward, and that hereby attached to the St. David's Ward, which shall consist of the northerly boundary line of King Street east to the River Don. 12. VIC.CAP. 85. An Act to amend the several Laws therein mentioned, relative to the appointment and duties of Inspectors of Weights and Measures, in Upper Canada. [25th April, 1849.] Preamble. WHEREAS the Laws now in force in Upper Canada, with respect to the appointment and duties of Inspectors of Weights and Measures, are found to require amendment; Be it there- Secs. 4, 5 A 7 /ore, &c., That the fourth, fifth, and seventh sections of the 4 f Geo.iv!' C " Act of Legislature of Upper Canada, passed in the fourth year secs 6 'i a &2 of f *ke Reign of His Majesty King George the Fourth, intitul- Actofu. c. ed, An Act to repeal an Act passed in thirty-second year of ^ s Majesty's Reign, intituled, An Act to establish the Win- chester Measure, and a Standard for other Weights and Measures throughout this Province, and to appropriate a sum of money for the purpose of obtaining a Standard for Weights and Measures for this Province, and the first and second ! sections of the Act of the said Legislature, passed in the third year of Her Majesty's Reign, and intituled, An Act to alter and amend an Act passed in the thirty-second year of the reign - of His late Majesty King George the Third, intituled. An THE MUNICIPAL MANUAL. 871 Act fo establish the Winchester Measure, throughout this Pro- vince, shall be, and the same are hereby repealed. Q. And be it, &c., That from and after the passing of this Act, the several Inspectors of Licenses in Upper Canada upper shall have the charge of the Standard Weights and Measures within their respective Districts or Divisions, and be Inspec- w rf ! h f tsand tors of Weights and Measures, within the same : Provided Measures'" 1 always, that each and every the Inspector or Inspectors so ap- They shall pointed or to be appointed as aforesaid, before or immediately of office. ttt upon entering upon the duties of his office, shall take and sub- see is vie. scribe to the following oath in open Quarter Sessions : Cg 135- " I. A. B., do hereby promise and swear that I will care- The oath. fully preserve all such Weights and Measures as shall be given me in charge or for my use as Inspector, as a Standard for the District (or Division, as the case may be~) of and that I will honestly and faithfully discharge the duties of In- spector of Weights and Measures, for such District (or Divi- sioii) pursuant to the true intent and meaning of the several laws in force in Upper Canada, according to the best of my abilities and knowledge, and deliver them over to my success- or in office, duly appointed for that purpose, when required so to do. So help me God." 3. And be it, &c., That it shall be the duty of each In- inspector to spector, at all proper times when application shall be made to JjJJ^i/J to him for that purpose, carefully to examine and compare any rcct) ail and all Weights and Measures which shall be presented to him for that purpose within his District or Division as such Inspector, with the Standard provided bylaw, and when found of the true Weight and Measure, to mark, stamp or brand the same, (if a Measure, as near the two ends, top and bottom, as may be) with the stamp or brand heretofore provided or to be provided for that purpose, or with the initials of the name of the then reigning Sovereign. 4. And be it, &c., That it shall be the duty of each and inspector to every such Inspector of Weights and Measures, once in each ** te . rid for * rt ii i i i t tnat purpos year or oftner, upon such day or days, and in sucra place or at such times places within their respective Districts or Divisions, as shall by JJ^ filjS* 8 the Magistrates in Quarter Sessions, at least once and not oftener trateafaQ. s. than twice in each year, be named and appointed, to attend 6l1 with the stamps and copies of such Standard Weights and Mea- sures in his custody, to examine and compare, and stamp if found correct, all such Weights and Measures as shall be brought to him for that purpose; and that every Store-keeper, Shop-keeper, Miller, Distiller, .Butcher, Broker, Huckster or 372 THE MUNICIPAL MANUAL. other trading person, Wharfinger or Forwarder in any District place in Upper Canada who shall, two months after the ap- pointment of an Inspector therefor, use any Weight or Mea- sure, which has not been duly stamped according to Law, or which shall be found light or otherwise unjust, shall, on con- viction, forfeit a sum of not more than five nor less than two pounds, to be recovered under the provisions of the fifth sec- tion of this Act ; And every such light or unjust Weight and Measure so used shall on being discovered, by any Inspector so appointed, or to be appointed as aforesaid, be seized, and on conviction of the person using the same, shall be forfeited and the same be broken up by the Inspector. inspector * ^nd be it, &., That it shall be lawful for every such may enter Inspector at all reasonable times to enter any shop, store, ware- examln* '* house, stall, yard or place whatsoever within his District or Weights and Division, where any commodity shall be bought, sold or ex- changed, weighed, exposed or kept for sale, or shall be weighed for conveyance or carriage, and there to examine all Weights, and Measures, Steel-yards or other Weighing Machines, and to compare and try the same with the copies of the Standard Forfeiture of Weights and Measures provided by Law ; and if upon such undamped examination it shall appear that the said Weights or Measures Weights and or any or either of them are unstamped or are light or other- ires ' wise unjust, the same shall be liable to be seized and forfeited, Further and the person or persons in whose possession the same shall penalty. ^g found, shall, on conviction, forfeit a sum not exceeding two pounds for the first and five pounds for every subsequent of- HOW fence, which penalty together with all reasonable costs shall ^ e recoverable before any Justice of the Peace, on the oath of the Inspector or of any other credible witness, and shall if not forthwith paid be levied by distress and sale of the goods and chattels of the offender, and in default of distress such offend- er shall be committed to the Common Gaol of the District wherein such conviction shall take place for a term not exceed- ing one month; and such penalty, and all other penalties im- posed by this Act, when recovered, shall belong to the Crown for the public uses of the Province, and shall be paid over to the Inspector, and by him accounted for in the same manner as other public moneys coming into his hands by virtue of his office ; and any person or persons who shall have in his, her or their possession a Steel-yard or other weighing Machine which shall on such examination be found incorrect or other- wise unjust, or who shall neglect or refuse to produce for such examination when thereto required, all Weights, Measures, Steel-yards or other Weighing Machines, which shall be in THE MUNICIPAL -MANUAL. 373 his, her or their possession, or shall otherwise obstruct or hind- er such examination, shall be liable to a like penalty to be re- covered and applied as aforesaid : Provided always, that no Proviso, such penalty shall be incurred in any Division, District or Lo- cality, until two months at least after a Standard of Weights and Measures shall have been received by the Inspector ap- pointed therefor according to law. O. And be it, <&c., That if any person or persons shall punishment make, forge or counterfeit, or cause or procure to be made, J f r p jjj sons forged or counterfeited, or knowingly act or assist in the mak- stamps, &c. ing, forging or counterfeiting any stamp or mark now used, or which may hereafter be legally used for the stamping or making of any Weights or Measures in any District or place in Upper Canada, each such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the Court, to be fined and imprisoned in the Common Gaol of the District where the conviction shall take place, pro- vided such fine shall not exceed twenty pounds, and that such imprisonment shall not exceed three calendar months ; and if any person shall knowingly sell, alter, dispose of or expose to sale any Weight or Measure, with such forged or counterfeit stamp or mark thereon, every person so offending shall, for every such offence, forfeit, on conviction, a sum not exceeding ten pounds, or less than forty shillings, to be recovered under the provisions of the fifth section of this Act; and that all Weights and Measures which such forged or counterfeited stamps or marks shall be forfeited, and the same be broken up by the Inspector. T. And be it, &c., That if any Inspector shall stamp, Penalty on brand or mark any Weight or Measure without having first JSJJ 8 ^* duly compared and verified the same with and by the Standard weights or Weights and Measures provided by Law for that purpose, or wShout due shall be guilty of a breach of any duty imposed upon him by examination this Act, he shall on conviction forfeit a sum not exceeding five pounds to be recovered and applied as aforesaid. 8. And be it, &c., That for every Weight or Measure F eeto marked or stamped by any such Inspector, he shall be entitled inspector, to demand and receive six pence, and no more. O. And whereas provision by Law is now made for pro- Recital, curing one set of Standard Weights and Measures only for each of the several Districts in Upper Canada; And whereas in several of such Districts a Division has been made for revenue or other purposes, and an Inspector appointed for each of such Divisions : Be it, &c.^ That in all such cases and in case of any Wit k whom 374 THE MUNICIPAL MANUAL. when there District Proviso the stand- Division hereafter to be made, the Standard Weights and Measures for such Districts respectively shall be lodged for ga fe custody with such Inspector as the Magistrates in Quarter Sessions assembled may direct, for the use however of the several Inspectors within such Districts respectively : Provided always, that in the exercise of the various duties and functions imposed by this Act, every such Inspector shall be confined to his own Division. Notice of 10. And be it, &c., That every such Inspector shall give atten^toe to one m onth's notice in one or more newspapers of the District stamps, &c. or Division in which he is acting, from time to time, and at least once in each year, of the different days and places to be appointed as aforesaid by the Magistrates in Quarter Sessions, when and where he will attend with the stamps and copies of the Standard Weights and Measures, to examine, compare and stamp all Weights and Measures made use of in buying or selling, if found correct. Present 11. And be it, tc., That every Inspector of Weights and Measures appointed under the provisions of the Acts herein- before mentioned and in part repealed, shall, on reasonable demand, hand over to the proper Inspector appointed under the provisions of this Act, all and every Standard Weight and -*- in T 11 111 T Measure, and all and every balance, and all and every stamp, brand or other machine, or copy thereof, in his custody as such Inspector, under penalty of five pounds, for every refusal, to k e recovere( j an d applied in the same manner as other penalties imposed arising under the provisions of this Act. 1 And be it, &c., That whenever any Municipal Body, now or ^ erea ^ ter to ^ e formed in or for any City, Town or Incorporated Village in Upper Canada, shall appoint an Inspector of Weights and Measures for such City, Town or standards Incorporated Village, every such Inspector may apply to the thi U M8tr!ct Inspector appointed or to be appointed under the previous provisions of this Act, for the District, Division or County, within which such City, Town or Incorporated Village shall be situate, to adjust a copy of any of the Standard Weights and Measures for the use of such City, Town or Incorporated Village, by the Standard Weights and Measures in possession of or used by such Inspector; and upon producing to such Inspector such Weights and Measures as shall be required for such City, Town or Incorporated Village, it shall be the duty of the said Inspector carefully to compare and adjust, and to seal, stamp or mark the same as provided bylaw; and that t k e I ns p ec t r, for so doing, shall be entitled to the same fees standardsin 8ion r totne es ~ inspectors undftr tills Act. Penalty for refusal. Municipal] d inspector, Fees for THE MUNICIPAL MANUAL. 375 or charges as for the like services in other cases : Provided Duties and always, that whenever any such Municipal Body shall have JJJS f appointed an Inspector of Weights and Measures, and obtained inspector to such copies of the Standard Weights and Measures for the use f er red to the of any such City, Town or Incorporated Village, the powers, jKi duties and liabilities of the Inspectors appointed or to be paiity. appointed under the previous provisions of this Act, as to such City, Town or Incorporated Village, shall cease, and thence- forth devolve upon and be exercised by the Inspector thereof. 13. And be it, cfcc., That whenever any Inspector of standards to Weights and Measures shall be removed from office, or shall resign or remove from the place for which he shall have been appointed, it shall be the duty of the person so removed, resigning or removing, to deliver to his successor in office all the Beams, Stamps and Standard Weights and Measures in his possession as such Inspector, and that in case of the death of such Inspector, his representatives shall in like manner deliver the same to his successor in office, and that in case of refusal Action given or neglect to deliver such Standards entire and complete, in Jj ) J t S g* ndards addition to the penalties hereinbefore provided, the successor delivered. in office may maintain an action on the case, against the person or persons so refusing or neglecting, and recover double the value of such Standards as shall not have been delivered, and in every such action jn which judgment shall be rendered for the plaintiff, he shall' recover double costs, and one moiety of the damages recovered in every such action, shall be retained by the person recovering, and the other shall be applied in supplying such Standards as may be required in his office. 14. And be it, &c., That whenever any person shall be Appeal to convicted under this Act, before any Justice of the Peace, and ^^^^Jf the penalty which such person shall have been condemned to in certain pay shall exceed forty shillings currency, and such person shall thiuk himself aggrieved by such conviction and condemnation, such person may appeal to the next Court of General Quarter Sessions of the Peace which shall be holden not less than c>26 * twelve days after the day of such conviction, in like manner, and on the like conditions, and with the like effect, and subject to the like provisions as are provided with regard to appeals from conviction before Justices of the Peace, in and by the thirty-third and thirty-fourth sections of the Act passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act for consolidating and amending the Statutes in this Province relative to offences against the person. 376 THE MUNICIPAL MANUAL. Preamble. Aprons or slides to dams to be constructed in a certain manner. Proviso: Water gates and slash- boards may be used on the dam on certain con- ditions. Proviso as to certain small streams. Special pro- vision with regard to the River Otto- nabee. Penalty on owners of dams 12 TIC. CAP. 87. An Act to amend an Act passed in the Parliament of Upper Canada in the ninth year of the Reign of II is late Majesty King George the Fourth, intituled, An Act to provide for the construction^ Aprons to Mill Dams over certain Streams in this Province, and to make further provision in respect thereof. [30th May, 1849.] WHEREAS it is necessary to declare that Aprons to Mill Dams which are now required by Law to be built and main- tained by the owners and occupiers thereof in Upper Canada, should be so constructed as to allow a sufficient draught of water to pass over such Aprons as shall be adequate in the ordinary flow of the Streams to permit Saw Logs and other Lumber to pass over the same without obstructions : Be it, &c., That on, from and after the first day of October next, it shall be the duty of each and every owner or occupier of any Mill Dam at which an Apron or Slide is by the said Act required to be constructed, so to have altered, and if not already built, to have constructed such Apron or Slide so as to afford depth of water sufficient to admit of the passage over such Apron or Slide of such Saw Logs, Lumber and Timber, as are usually floated down such Streams or Rivers whereon such Dams shall be erected ; Provided always, that every such owner or occu- pier of any such Dam may construct a Waste Gate or put up Brackets and Slash Boards in, upon and across any such Apron for the purpose of preventing any unnecessary waste of water therefrom, and to keep the same closed at all times when no person or persons shall be ready and require to pass or float any Craft, Lumber or Saw Logs over any such Apron or Slide, but not until such Craft, Baft, Lumber or Saw Logs shall have gained the main channel of the Stream : Provided also, that no person shall be required to build such Aprons or Slides on small Streams unless required for the purposes of rafting or floating down Lumber and Saw Logs as aforesaid. 2. And be it, &c., That no Apron to any Mill Dam on the River Otonabee, shall be less than thirty-two feet wide by an inclined plane of five feet to a perpendicular of one foot, and so in proportion to the height of the Dam ; and that side pieces of at least one foot in height, shall be fixed on the outsides of every such Apron to confine the water and prevent the timber from falling off at the sides. 3. And le it, &c., That every owner or occupier of any such Dam, who shall neglect or refuse to make and construct, THE MUNICIPAL MANUAL. 377 if not already made and constructed, and keep in repair an neglecting to Apron of such description as aforesaid, shall pay a penalty of th^fequire? ten shillings per day, for every day during which such owner ments of this or occupier shall have neglected to comply with the require- ments of this Act, and such penalty shall be recoverable before HOW recover- any two Justices of the Peace for the District in which the able - offence shall have been committed, on the oath of two credible Witnesses, and if not paid, shall be levied by distress and sale of the goods and chattels of the offender, by a Warrant under the hand and seal of such Justices or either of them, and shall HOW applied, be paid to the Treasurer of the Municipal Corporation having jurisdiction within the locality where such Dam shall be erected, for the general uses of the Municipality. 4. -Provided always, and be it, &c., That in case any A certain Apron now constructed or hereafter to be constructed shall be frepai>Tng carried away, destroyed or damaged by flood or otherwise, the aprons car- J ' . i i j i % i ried awa y or owner or occupier of the dam to which the same was attached, damaged. shall not be liable to such penalty as aforesaid, provided such Apron be repaired or constructed in conformity to this Act, so soon as the state of the Stream shall be such as to permit such owner or occupier to repair or re-construct the same with safety ; but if he fail then to repair or re-construct such Apron, he shall be liable to the penalty aforesaid. 5. And be it, &c., That it shall be lawful for all persons AH persons to float Saw Logs and other Timber Rafts and Craft down all JJJJ &* Streams in Upper Canada, during the Spring, Summer and d . own . Autumn Freshets, and that no person shall, by felling trees or UppW placing any other obstruction in or across such Stream, prevent Canada * the passage thereof; Provided always, that no person using Proviso^ such Stream in manner and for the purposes aforesaid, shall alter, injure or destroy any Dam or other useful erection in or <}nageany ill/. '. ir^i T dam or other upon the bed ot or across any such fetream, or do any unne- structure on cessary damage thereto or on the banks of such Stream ; pro- Breams, vided there shall be a convenient Apron, Slides, Gate, Lock, Provided or opening in any such Dam or other structure made for the passage of all Saw Logs and other Timber, Rafts and Crafts &c? authorized to be floated down such Stream as aforesaid. 12 VIC. CAP. 90. An Act to substitute Yearly Returns for the Quarterly Returns required of Clergymen and others by the Sixteenth Section of the Census Act. [25th April, 1849.] WHEREAS it is unnecessary that the Returns hereinafter Preamble. mentioned should be made oftener than once in each year : 378 THE MUNICIPAL MANUAL. Certain returns required by 10 & 11 Vic.; c. 14, to be made only once a year. While the Census Act shall be in to be required. Be it, &c., That for and notwithstanding any thing in the sixteenth section of an Act passed in the Session held in the tenth and eleventh years of her Majesty's reign, and intituled, An Act far taking the Census of this Province, and obtaining Statistical information therein, the Registry in the said sec- tion mentioned., shall be forwarded by the peison by whom it shall have been kept, to the proper Clerk of the Peace, or City or Town Clerk, within five days after the first day of January in each year, and not oftener. 2. And be it, &c,., That so long as the Act last above mentioned shall remain in force, it shall not be necessary that any Minister, Clergyman, or Justice of the Peace, should re- turn to any Clerk of the Peace, the list of the marriages by him solemnized, required by the sixth Section of the Act of the Legislature of Upper Canada, passed in the eleventh year of the reign of his Majesty King George the Fourth, and inti- tuled, An Act to make valid certain Marriages heretofore contracted, and to provide for the future solemnization of Matrimony in this Province, anything in the said Section to the contrary notwithstanding. Preamble. Act of U. C. i 9Geo.lV.c.2. Act of Canada, 8 Vic. c. 15. Further time allowed for registration of deeda. Exception. 12 VIC. CAP. 91. An Act to amend certain Acts for the Relief of Religious Societies. [30th May, 1849.] WHEREAS it is expedient to extend the time for the Registry of Deeds heretofore executed under the provisions of the Act of the Parliament of Upper Canada, passed in the ninth year of the reign of King George the Fourth, intituled, An Act for the Relief of the Religious Societies therein mentioned, and by the Act of the Province of Canada, passed in the eighth year of her Majesty's reign, and intituled, An Act to extend the provision* of two certain Acts of the Parliament of the Province of Upper Canada to other denominations of Chris- tians than those therein enumerated, but which the Trustees have neglected to register : Be it, &c. y That all Deeds hereto- fore executed for any of the uses, interests or purposes of either of the said Acts shall be as valid and effectual, if the same be registered within twelve months after the passing of this Act, as if they had been registered within the time limited by either of the before in part recited Acts, except in so far as they may be affected by the prior registration of other deeds or instruments relating to the same lands. THE MUNICIPAL MANUAL. 379 S. And whereas under the said Acts divers Keligious So- Recital, cieties or Congregations have by their Trustees acquired lands which from circumstances have become inappropriate to the purposes for which they were acquired, and it would be for the advantage of such Societies or Congregations that their Trustees should be enabled to dispose of any such lands and 4 acquire others better adapted for their purposes : Be it, d'c., JJj^iSienate That it shall and may be lawful for the Trustees for the time property for being, of each of the Religious Societies or Congregations to 2, a Y jj which the said Acts are applicable, and the said Trustees of congregation each respective Society or Congregation are, as such Trustees, Consent of hereby authorized from time to time, upon the express con- sent of the Conference, Synod or Body having the direction of the temporal affairs of such Societies or Congregations respec- tively, first had therefor, by Deed under their hand and seal of office, (which seal each body of Trustees is hereby empow- ered to have and make, and from time to time to alter) to lease, mortgage, sell and convey or exchange such of the lands and tenements held or to be held by any of the said respec- tive Trustees, in such portions and in such manner as from time to time may be deemed by the Trustees thereof neces- sary and useful for the purposes connected with the particular Trust: subject, nevertheless, to the consent of such Confe- rence, Synod or Body, as aforesaid : and the receipt of the Effect of the Trustees for the purchase money in any such Deed mentioned, shall be an absolute discharge to the purchaser, who shall be th in no way bound to see to the application of the same, or of any part thereof; Provided always, That the moneys arising Proviso as to from the sale or mortgage of any such lands which shall have been acquired by the Trustees by Deed of sale or mortgage shall be applied by the Trustees to the purchase of other lands to be held by them for like purposes and trusts, or to the im- provement of the same or other lands held by them upon the Trusts : And provided also, That no lands acquired by the Proviso as to Trustees by free gift for special purposes shall be sold by the fo^pedlP Trustees without the consent of the Grantor or of those who purposes, legally represent the Grantor. 12 VIC. CAP. 92. An Act to enable the Trustees of Churches and Parsonages and other Trusts belonging to theWesleyan Methodist Church in Canada, more conveniently to manage and dispose of their Estates, and for other purposes therein mentioned. [30th May, 1849.] WHEREAS by virtue of an Act of the Parliament of the Preamble. Province of Upper Canada, passed in the ninth year of the 380 THE MUNICIPAL MANUAL. Act of u. c. reign of King George the Fourth, intituled, An Act for the Geo.iv.c.2. O y fj ie Religious Societies therein mentioned, and of ano- ther Act of the Parliament of the said Province, passed in the third year of her Majesty's reign, Religious Congregations or Societies of the Wesleyan Methodist Church in Canada, by A Trustees, as authorized by the said Acts, have in several in- stances acquired certain lands, which, from circumstances, have become inappropriate for the purposes for which the same were obtained, and the said Trustees are unable either to exchange or otherwise to dispose of the same for the Trust purposes, and are also prevented from raising money, either by way of loan or of rental, on the Trust Estate, notwithstand- ing it would, in many instances, manifestly subserve the best interests of the said Trusts : And whereas it would be bene- ficial to the said Trusts to facilitate the management and dis- posal of the Trust property by the respective Trustees, subject however in all cases, to the consent of the Conference of the Trustees said Church : Be it, /. . 7 . /. m rr. r ^ eion(c. t8) Districts, and for providing for lemporary unions of Uoun* cited. tics for judicial and other purposes, and for the future disso- lutions of such Unions as the increase of wealth and population County of ma y require: Be it, &c., That for all the purposes of the Act Huron c it e d in the Preamble to this Act, the County of Huron shall thretWun? be divided into three Counties, to be called respectively, the ties. County of Huron, the County of Perth, and the County of Perth. Bruce : and the County of Perth shall include and consist of the Townships of Blanchard, Hibbert, Fullarton, Logan, Downie, (including the Gore of Downie,) Ellice, Easthope North, Easthope South, (including the Town of Stratford,) Elma and Wallace, in the now County of Huron, and Morn- Bruce, ington in the now County of Waterloo; the County of Bruce shall include and consist of the Townships of Huron, Kinlo&s, Culross, Carrick, Kincardine, Greenock, Brant, Bruce, Saugeen, Huron. Elderslic and Arran; and the County of Huron shall include and consist of all the remainder of the now County of Huron (including the Town of Goderich,) but the said three Counties of Huron, Perth and Bruce shall remain united and form a Union of Counties for all the purposes of the Act last aforesaid, until such Union be dissolved in the manner provided in the said Act. TO what And be it, &c., That all that Peninsular Tract of Land Couirty a lying to the northward of the Townships of Derby, Arran and peni^uiar Saugeen, and between Lake Huron and the Georgian Bay, and certain 1 known as the Indian Reserve, together with every Island in islands shall Lake Huron or the Georgian Bay, any portion of which lie belongt within ten miles of the shore of the said Peninsular Tract of Land, (unless such Island shall lie further south than the THE MUNICIPAL MANUAL. 383 northern boundary line of the said Townships of Derby, Arran and Saugeen,) shall be annexed to and form part of the County of Waterloo : and that every such Island in Lake Huron as shall lie further south than the said boundary line, shall form part of such of the said Counties of Huron or Bruce respec- tively as such Island shall lie most adjacent to. 8. And whereas the population of the said County of county of Perth exceeds twelve thousand, and from its geographical position it is expedient that provision be made for its separation from the said Union without waiting till its population shall be such as is required by the tenth section of the said Act sec. 10 of the recited in the Preamble to this Act : Be it, &c., That the said TTS County of Perth shall, for all the purposes of the Act last aforesaid, be considered and dealt with as, if a Proclamation had issued under the tenth section of the said Act, naming County the Town of Stratford as the County Town thereof, and erect- ing the Town Reeves of the said County then elected or there- after to be elected for the same, into a Provisional Municipal Council for the said County, and declaring such Municipal Council a Provisional Municipal Council for the same under the said Act, until the dissolution of the Union of the said County with the Counties of Huron and Bruce; and the said Town Reeves shall accordingly be a Provisional Municipal Council for the said County of Perth, and shall have and exer- cise all the powers by the said Act vested in any such Provi- sional Municipal Council. 4. And be it, &c., That when the Union of the said A Registry County of Perth and the Counties of Huron and Bruce shall S^ c t e in t e be dissolved in the manner provided by the Act aforesaid, a County of Registrar shall be appointed for the said County of Perth, and Perth> a Registry Office for the Registration of Deeds shall be kept in and for the same at the County Town thereof, in the same manner and under the same provisions as in other Counties in Upper Canada. 12 VIC. CAP. 98. An Act to divide the Township of Cayuga, in the District of Niagara, into two Townships. [25th April, 1849.] WHEREAS the Municipal Council of the District of Niagara p rea mbie. have by their Petition prayed that the Township of Cayuga in the said District, be divided into two Townships in the manner hereinafter mentioned, and by reason of the extent of the said Township, it is expedient so to divide the same : Be it, &c.,' 384 THE MUNICIPAL MANUAL. That from and after the thirty-first day of December next, the said Township of Cayuga shall be and is hereby divided for all purposes whatsoever into two Townships, the one to be called Township of the Township of South Cayuga, and the other to be called the ded U into d two Township of North Cayuga; and the said Township of South Townships. Cayuga shall consist of and include all that part of the present Township of Cayuga lying on the south side of the Grand River, and to the south-east of the block of lands called Jones' Tract; and the said Township of North Cayuga shall consist . of and include the remainder of the present Township. 12 VIC. CAP. 99. An Act to divide 'ike Townships of Leeds and Lansdown, in the District of Johnstown. [80th May, 1849.] WHEREAS the greater part of the Townships of Leeds and Lansdown, in the District of Johnstown, in Upper Canada, are divided by the waters of the Gananoque River, Wiltsie and South Lakes, so as to prevent convenient intercourse between the front and rear of the said Townships; and whereas the inhabitants of the front of the said Townships have for many years past been accustomed to hold Township Meetings together as one Township, under the name of the Front of Leeds and Lansdown, and to transact public business thereat for Municipal and other purposes, as if they were one Township ; and the inhabitants of the rear of the said Townships have followed the like custom, under the -name of the Rear of Leeds and Lansdown; and whereas it is desirable to confirm the custom which has so long prevailed, and to affirm and declare by law that such union of the said Townships shall be valid for the purposes aforesaid : Be it. &c\. That all proceedings Proceedings . * ... .. ; . , r . . . , . hitherto had hitherto had for Municipal or Election purposes by the inhabi- tants f tf 16 Township of Leeds residing in front of the sixth Leeds and Concession of the said Township, and by the inhabitants of the legalized. 11 Township of Lansdown residing in front of the seventh Con- cession of the said Township, assembled together for such . purposes, and all similar proceedings hitherto had by the inhabitants of the remaining portions of the said Townships assembled together for like purposes, shall be as valid and effectual in law as if the said Townships had been by Legislative enactment set apart and divided in the said manner for such purposes. THE MUNICIPAL MANUAL. 38 ;. And be it, &c.. That the first, second, third, fourth and TWO new fifth Concessions of the said Township of Leeds, and the first, formedout second, third, fourth, fifth and sixth Concessions of the said Leeds and Township of Lansdown, shall, for all Municipal and Election Lan purposes, be united together and formed into a Township, to be called the Front of Leeds and Lansdown; and that the remainder of the said Townships for like purposes, shall be united together and formed into one Township, to be called the Rear of Leeds and Lansdown. 12 VIC. CAP. 100. An Act to alter the boundary line between the Townships of Hallowell and Sophiasburghj in the District of Prince Edward. [25th April, 1849.] WHEREAS from the local situation of the Townships of Preamble. Hallowell and Sophiasburgh, certain of the inhabitants thereof are now situated at an "inconvenient distance from the places where the respective Township meetings are held, which incon- venience would be remedied by an alteration of the boundary line between the said Townships : Be it, &c., That that part Part of So- of the Township of Sophiasburgh lying west of Lot number sixty-four, in the first Concession, and of Lot number sixty-one in the second Concession, together with the Irvine and Gerow Gores, be taken from the Township of Sophiasburgh, and attached to and hereafter form part of the Township of Hallowell. 3. And be it, &c., That that part of the third Concession Part of from the Sophiasburgh line to the west side of Lot number ^Sd fifty-one, be taken from the Township of Hallowell and attached Sophias- to and hereafter form part of the Township of Sophiasburgh. 12 VIC. CAP. 101, An Act to appoint, Commissioners to define the boundary line between the Township of Walpole, in the Niagara District, and the Township of Woodhouse, in the Talbot District. [30th May, 1849.] Commissioners appointed their powers, duties, and remu- neration. B2 386 I'HE MUNICIPAL MANUAL. 12 VIC. CAP. 102. An Act to repeal the Act defining the boundary line between the fourth Concessions of the Townships of Montague and North Elmsley. [30th May, 1849.] Statutes 10 & 11 Vic., Cap. 58, repealed. 12 VIC. CAP. 197. An Act to repeal a certain Act therein mentioned, and to make better provision for the Naturalization of Aliens. 30th May, 1849. Presented for Her Majesty's Assent, and re- served for the signification of Her Majesty's pleasure thereon. 6th October, 1849. Assented by Her Majesty in Privy Council. 23rd November, 1849. The Royal Assent signified by the Proc- lamation of His Excellency the Earl of ELGIN AND KINCARDINE, Governor General. Preamble. WHEREAS great inconvenience has been experienced in the practical operation of the Law granting to Aliens the Rights and Capacities of Natural-born British Subjects, and it is expedient to amend the same, as well for the purpose of reme- dying that inconvenience as with the view of affording greater security and facility in the possession and transfer of property : Act 9 vie. c. Be it, &c.j That a certain Act of the Parliament of this Pro- io7,repeaied. yince, passed in the ninth year of Her Majesty's Reign, and intituled, An Act to make further provision regarding Aliens, Proviso as to be and the same is hereby repealed; Provided always, that the acquired repeal of the said Act shall not affect the Naturalization of any under it. person Naturalized under it, or any Rights acquired by such person or by any other party by virtue of such Naturalization, which shall remain as valid, and such Rights shall be possessed and enjoyed by such person or party as if. the said Act were not repealed. Aliens resi- 2. And be it, &c., That all Aliens who had their settled ioth b. r pl ace f abode in either of the late Provinces of Lower or Up- 1841, and per Canada before the tenth day of February, in the year of danfsnatu- n " our Lojd one thousand eight hundred and forty-one, and who raiized. are s ^{]\ resident in this Province, shall be and are hereby admitted to and confirmed in all the Privileges of British birth, and shall be deemed, adjudged and taken to 1be and to have been Natural-born Subjects of Her Majesty, to all intents and purposes whatsoever, as if they and every of them had been born in this Province, and that the children or more remote descendants of every such person who may be dead, shall be THE MUNICIPAL MANUAL. ' 387 and are hereby admitted to the same Privileges which such parents or ancestors, if living, could claim under this Act : Provided always, nevertheless) that none of such persons Proviso as to (except females) who have not taken the oath or affirmation of allegiance before some of Her Majesty's Justices of the Peace or other person duly authorized by Law to administer the same, shall be entitled to the benefit of this Act unless they shall take such oath or affirmation before such Justice or other per- son as aforesaid. 3, And be it, &c., That all Aliens who had their settled AS to Aliens place of abode in this Province, on the tenth day of February, in the year of our Lord one thousand eight hundred and forty- 1848. eight, not being of either of the descriptions of persons before mentioned, who shall have resided or shall continue to reside therein or in some other part of Her Majesty's dominions, until they shall have been resident inhabitants thereof for the space of seven years continually, without having been during that time stated residents in any foreign country, shall be and are hereby admitted to all the privileges of British birth, and shall be deemed, adjudged, and taken to be and to have been Natural-born subjects of Her Majesty to all intents and pur- poses whatsoever, as if they and every of them had been born in this Province : Provided always, nevertheless, that none of Proviso as to the persons described in this clause (except females), who have not taken the oath or affirmation of allegiance before some of Her Majesty's Justices of the Peace or other person duly authorized by law to administer the same, shall be entitled to the benefit of this Act, unless they shall take such oath or affirmation before such Justice of the Peace or other person as aforesaid. 4. And be it, &c. } That every Alien now residing in or AS to other who shall hereafter come to reside in any part of this Province, ^f^J ^ with intent to settle therein, who after a continued residence hereafter therein for a period of seven years or upwards, shall take the becomin so - oaths or affirmations of residence and allegiance (or the oath or affirmation of residence only if a female) and procure the see 22 V4c. c. same to be filed of record as hereinafter prescribed, so as to * entitle him or her to a Certificate of Naturalization as herein- after provided, shall thenceforth enjoy and may transmit all the rights and capacities which a Natural-born subject of Her Majesty can enjoy or transmit. 5. And be it, <&c., That every such Alien shall take and subscribe the following Oath of Residence, or being one of quredn the those persons who are allowed by the laws of this Province to Mentioned. 388 THE MUNICIPAL MANUAL. affirm in judicial cases, shall make affirmation to the same effect, that is to say : OATH OF RESIDENCE. "I, A. B., do swear (or, being one of the persons allowed by Law to affirm in judicial cases, do affirm) that I have resided seven years in this Province, with intent to settle therein, without having been during that time a stated resident in any foreign country. So help me God." Oath of aiie- And every such Alien being a male shall also take and subscribe giance also the following Oath of Allegiance, or being one of those persons required. \. ,, . -5 who are allowed by the Laws of this Province to affirm in judicial cases, shall make affirmation to the same effect, that is to say : OATH OF ALLEGIANCE. "I. A. B., do sincerely promise and swear (or, being one of the persons allowed by Law to affirm in judicial cases, do affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of the Province of Canada dependent on and belonging to the said United Kingdom, and that I will defend Her to the utmost of my power against all traitorous conspiracies and attempts whatever which shall be made against Her Person, Crown and Dignity ; and that I will do my utmost endeavour to disclose and make known to Her Majesty, Her Heirs and Successors, all treasons and traitorous conspiracies and attempts which I shall know to be against Her or any of them ; and all this I do swear without any equivocation, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any person or persons whatever to the contrary. So help me God." Before whom Which oath or oaths, or affirmation or affirmations, shall be maybe" 1 ta ken and subscribed by the said Alien, and shall be duly taken. administered to him or heT" by or before any Justice of the Peace or any person having ex officio the power and authority of a Justice of the Peace within the City, Town, Parish, Vil- lage or Township in which the said Alien may reside, which said Justice of the Peace or person having such power as Certificated aforesaid, shall thereupon grant unto the said Alien a Certifi- ca ^ e of Residence, setting forth that such Alien has taken and subscribed the said oath or oaths, or affirmation or affirmations, and (if the fact is so) that such Justice or person having such power as aforesaid has every reason to believe that such Alien had been so resident within the Province for a period of seven THE MUNICIPAL MANUAL. 389 years or upwards ; that lie or she is a person of good character, and that there exists to the knowledge of such Justice or per- son having such power as aforesaid, no reason why the said Alien should not be granted all the rights and capacities of a Natural-born British Subject. 6. And le it, &c., That it shall be lawful for the said certificates Alien to present the Certificate of Kesidence from the said jj; JJ" and Justice of the Peace, or other person as aforesaid, to the Court recorded in of Quarter Sessions of the Peace, or the Recorder's Court of gjjjjj Bn . the District, County or City within the jurisdiction of which lew cause be he shall reside in Upper Canada, or to the Circuit Court in contrary and for the Circuit within which he shall reside in Lower Canada, in open Court, on the first day of some general sitting thereof, and it shall thereupon be the duty of such Court to cause the same to be openly read in such Court ; and thereupon, if in the interval the facts mentioned in the said Certificate of Residence shall not be controverted, or any other valid objection made to the Naturalization of such Alien, it shall and may be lawful for such Court, on the last day of such General Sitting, to direct that such Certificate of Residence shall be filed of record in the said Court, and thereupon such Alien shall be thereby admitted and confirmed in all the rights and privileges Effect of of British birth, to all intents, constructions and purposes JJ^Jj^* whatsoever, as if he or she had been born within this Province. T. And be it, &c., That every such person shall be thence- Certificate of forth entitled to receive a Certificate of Naturalization under the S^tobT Seal of such Court and the Signature of the Clerk thereof, that granted. he or she hath complied with the several requirements of this Act ', which Certificate of Naturalization may be in the following form, or to the like effect, that is to say : CANADA Circuit or District of Form. or County of or City of . To wit : In the Court of Whereas A. B., of, &c. (describing him or Tier as formerly of such a place, in such a foreign Country, and noio of such a place in this Province, and adding his or her addition) hath complied with the several requirements of a certain Act of the Parliament of this Province passed in the year of the reign of her Majesty Queen Victoria, intituled, " An Act (insert the title of this Act) and the Certificate thereof had been this day read in open Court, and thereupon, by order of the said Court, duly filed of record in the same, pursuant to the directions of the said Act ; These are therefore to certify to all whom it may concern, that under and by virtue of the 390 THE MUNICIPAL MANUAL. said Act, the said A. B. hath obtained all the rights and capa- cities of a natural-born British subject within this Province, to have, hold, possess and enjoy the same within the limits thereof, upon, from and after the - day of - (the day f filing the Certificate of Residence) in the year of our Lord one thousand eight hundred and - , and this Certificate thereof is hereby granted to the said A. B., according to the form of the Statute in such case made and provided. Given under my hand and the seal of the said Court, this day - in the year of our Lord one thousand eight hundred and Signature , raiization. Aliens enti- sec! "or 3^ may obtain l c C. D., Clerk of the Peace, (or Clerk of the Recorder's Court, or Clerk of the Circuit Court, as the case may be.") 8. And be it, &c., That a copy of the said Certificate of Naturalization may, at the option of the party, be entered and registered in the Registry Office of any County or Division of a County within this Province, and a certified copy of such Registry shall be sufficient evidence of such Naturalization in all Courts and places whatsoever. O Provided always, &c., That it shall be lawful for any Alien entitled to be naturalized under the provisions of the second or of the third section of this Act, to take the oaths or affirmations of Residence and of Allegiance, and to obtain Cer- tificates as aforesaid in the same manner as Aliens entitled to be naturalized under the provisions of the fourth section of this Act only, and with the same effect to all intents and pur- poses. wivesof Bri- 1^ And be it, &c., That any woman married or who shall tish subjects be married to a natural-born British subject, or person natural- BrSiBh e sS>- d i ze d under the authority of this or any other or former Act jects. either of this Province or of either of the late Provinces of Lower 'or Upper Canada, shall ; be deemed and taken to be herself naturalized, and have all the rights and privileges of a Natural-born British subject. Fees for H, And be it, <&c., That the said Justice of the Peace or framed^u- other persons as aforesaid, for administering the oath or oaths der this Act. or affirmation or affirmations above mentioned, shall be entitled to recover and receive from the person to whom the same may be administered, the sum of one shilling and three pence, and no more ; and that the Clerk of the Peace, or Clerk of the Recorder's Court, or Clerk of the Circuit Court shall, for read- ing and filing the Certificate of Residence, and preparing and THE MUNICIPAL MANUAL. 391 issuing the Certificate of Naturalization under the Seal of the Court, be entitled to recover and receive from such person the sum of one shilling and three pence, and no more ; and that the Registrar of the County, shall, for recording the said last mentioned Certificate, be entitled to recover and receive from such person, the sum of one shilling and three pence, and a further sum of one shilling and three pence for every search and certified copy of the same, and no more. 1SJ. And be it, i !_ T. J/L ^ r\ ii expended by any Road or highway, the said Commissioners may in their Municipal discretion intrust the whole or any part of such appropriation authorities - to the Municipal Councils of the Municipalities through which 394 THE MUNICIPAL MANUAL. such road or highway shall pass, to be appropriated by such Municipal Councils in the manner and for the purposes by law provided. 13 & 14 VIC. CAP. 14. An Act to extend the Acts for the formation of Companies for constructing Roads and other Works, to Companies formed for the purpose of acquiring Public Works of like nature. [24th July, 1850.] Preamble. WHEREAS it is expedient to extend the benefit of the Acts hereinafter mentioned, to Companies to be formed for the pur- pose of acquiring and holding Public Works, or property under the provisions of the Act authorizing the transfer of such works or property to any such Company or to other parties therein designated : Be it, &c., That, subject to the provisions of this Act, the Act passed in the twelfth year of Her Majesty's Act 12 Vic. c. Reign, intituled, An Act to authorize the formation of Vfc.TUfex- Joint Stock Companies for the construction of Roads and tended to other Works in Upper Canada, and of the Act passed in the formecTfor year last aforesaid and intituled, An Act to authorize the for- purchasing mation of Joint Stock Companies in Lower Canada, for the works under construction of macadamized Roads, and of Bridges and other 12 Vic. c. 5. Works of like nature, shall be and tire hereby extended and shall apply to any Company to be formed for the purpose of acquiring for ever or for any term of years, any of the Public Roads, Harbours, Bridges or Public Buildings which may be lawfully transferred to any such Company under the Act passed in the year last aforesaid and intituled, An Act for the better management of the Public Debt, Accounts, Revenue and Property, or for the purpose of so acquiring and of improving or extending (or both) any such Public Work, as fully and effectually as if such purpose were expressly enumerated in the said Acts firstly and secondly mentioned respectively, among the purposes for which Companies may be formed under the same, the form of the instrument of association given in the schedules to the said Acts respectively, being varied so as to express that the Company is formed under one of the said Acts as amended by this Act, and for what pur- Proviso:such pose it is so formed : Provided always, that notwithstanding So?Babif to anv *hing i Q either of the said Acts, no Company to be formed certain pro- under tfhis Act for the purpose of acquiring any such Public SdTcts f . the Work as aforesaid (whether with or without the intention of extending the same) shall be liable to be opposed or prevented THE MUNICIPAL MANUAL. 395 from acquiring such work or from using and working the same, by any Municipal Council or other party, nor shall the Com- pany be bound to make any report respecting such work to any Municipal authority, nor shall such Municipal authority or the Crown have the right of taking such work at the end of any term of years, but the provisions of the said Acts res- pectively, as to such opposition and prevention, or to such report, or to the taking of the works and property of the Company by any Municipal authority or by the Crown, shall apply only to the extension of the same beyond the local limits of the work when transferred to the Company ; nor shall any of the provisions of the said Acts which shall be inconsistent with any lawful provision or condition in any Order in Council legally made under the Act thirdly mentioned, or with the rights transferred by the same, apply to the Company to which such Order in Council shall relate ; but nothing herein con- tained shall be construed to prevent the reservation in any such Order of the power of taking any such work with or without any such extension, and by the Crown or any Muni- cipal authority, on the terms and conditions therein to be expressed. Provided always that the thirty-fifth section of p roT iso : cer- the Act first above cited, and thirty-seventh section of the Act tain sections secondly above cited shall respectively apply to lloads, Bridges Acts to and other Works transferred to any Company and to the Com- apply - pany to whom the same shall have been transferred in relation to such lloads, Bridges and Works. 3. And be it, &c., That the Tolls to be taken by any what shall Company to be formed for the purposes aforesaid, on any such mumtoTi^to Public Work as aforesaid, not being a Road, shall not be regu- be taken by lated by the provisions of the Acts firstly and secondly men- company, tioned, respectively, but the maximum Tolls to be levied on such Work by the Company shall be the maximum Tolls which can be lawfully levied on such work under the Act passed in the year last aforesaid and intituled, An Act to make better 12 Vic. c. 4. provision with regard to the Tolls to be levied on the Public Provincial Works, and for other purposes relative to the said Works, unless some lower maximum be fixed (as it may be) by Order in Council transferring the work to the Company or by some further order amending the same, made with the con- sent of the Company, and the Tolls to be levied on any Road, or on any extension of such other Public Work shall alone be regulated by the Acts firstly and secondly mentioned respec- tively in the absence of any special provision for lower rates in the Order in Council as aforesaid : Provided always, that Proviso as to no exemption from Toll on any Road or other Public Work S toii. n8 396 THE MUNICIPAL MANUAL. Provision in favor of par- ties residing within a cer- tain distance of the limits of any city or incorpo- rated town. Order in Council transferring any public work may extend to certain mat- ters. so transferred as aforesaid or on any extension thereof, shall be valid against any Company to be formed under this Act, except such only as can be validly claimed under the Act firstly or secondly mentioned (as the case may be) on works constructed under the authority thereof, unless such exemption from Toll be stipulated (as the case may be) in the Order in Council transferring such Public Work to the Company. $. And le it, &c. That it shall always be lawful for any party residing on the line of any Road transferred to any Company or Municipal Corporation under the provisions of this Act and of the Acts therein cited, and within half a mile of the limits of any City or Incorporated Town, to commute with such Company or Municipal Corporation for a certain sum per month to be paid by such party to the Company or Corporation for passing and re-passing through the Toll-gate between the residence of such party and the limits of such City or Town, and in default of agreement such commutation may be fixed by arbitration, each party appointing one arbi- trator, and the two arbitrators a third, and the decision of any two of such arbitrators being final, and in default of commu- tation either by agreement or award of arbitration, such Com- pany or Municipal Corporation shall be entitled to charge such party or his servants and others passing such gate with his carriages or vehicles, horses or cattle, such Tolls only as shall bear the same proportion to the Tolls per mile then charged by the Company or Municipal Corporation to other parties as the distance between the limits of the said City or Town and the residence of the party first aforesaid shall bear to one mile. 4L. And for avoiding doubts, Be it, ic - ment to resume the same at any time after the expiration of a period which shall not exceed ten years, on conditions to be embodied in the Order in Council transferring it : and no such Road, Bridge or Public Work shall be leased to any Company for a longer period than ten years : Provided always, secondly, ProTiso: se- That no Road, Bridge or Public Work shall be sold or leased * to any Company unless security, real or personal, shall have been given to the satisfaction of the Governor in Council, for an amount equal to ten per centum of the actual value of such Road, Bridge or Public Work in case of sale, or on the esti- mated value of such Work in case of lease, and such security shall be forfeited to the Crown in case of non-compliance with the conditions of such sale or lease : Provided always, thirdly, ProTiso;con- That in every instance one of the conditions of the sale or lease of any Road, Bridge or Public Work shall be, that such Work shall be kept in thorough repair, and that for all the purposes of such contract, sale or lease, the sufficiency of such repair shall be ascertained and decided on by such Engineer as shall be appointed to examine the same by the Commission- ers of Public Works in this Province. 13 & 14 VIC. CAP. 18. An Act for making one uniform provision respecting certain Official and other Oaths to be taken in this Province^ and for other purposes therein mentioned. [24th July, 1850.] WHEREAS the Oaths required to be taken as a qualification Preamble- for Office or for other temporal purposes, are in Upper Canada prescribed by an Act of the late Parliament of that part of the Province, passed in the third year of the reign of His late Majesty King William the Fourth, chaptered twelve, and intituled, An Act to dispense with the necessity of taking cer- Actu. C. 3 tain oaths and making certain declarations in the cases therein mentioned ; and also to render it unnecessary to receive the Sacrament of the Lord's Supper j as a qualification for offices or for other temporal purposes; and whereas, with a view to making the law uniform in this respect in both sections of the 398 THE MUNICIPAL MANUAL. The said Act repealed. No other oath but those herein- after pres- cribed to be required of certain officers, &c. The oath of Allegiance. Oath for faithful per- formance of duties. The said form and no other to be that to be used in all cases in this Province. Who may administer it. Province, it is expedient to repeal the said Act and to re-enact the provisions thereof, making them applicable to the whole Province : Be it, &c., That the said recited Act shall be and the same is hereby repealed. 2. And be it, d-c., That from and after the passing of this Act, it shall not be necessary for any person appointed or to be appointed to any office in this Province, civil or military, or who is or may be Mayor or other officer or member of any Corporation therein, or for any person admitted, called or received, or hereafter to be admitted, called or received as a Barrister, Advocate, Notary Public, Attorney, Solicitor, or Proctor, to make any declaration or subscription, or to take or subscribe any other oath than the oath following, that is to say: " I, A. B., do sincerely promise and swear, that I will be faithful a:-id bear true allegiance to Her Majesty Queen Victoria, (or the reigning Sovereign for the time being,) as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of this Province, dependent on and belonging to the said Kingdom, and that I will defend Her to the utmost of my power against all traitorous conspiracies or attempts whatever which shall be made against Her Person, Crown and Dignity, and that I will do my utmost endeavour to disclose and make known to Her Majesty, Her Heirs or Successors, all treasons or traitorous conspiracies and attempts which I shall know to be against Her or any of them ; and all this I do swear without any equivocation, mental evasion or secret reservation, and renouncing all pardons and dispensations from any person or power whatsoever to the contrary. So help me God." And also such oath for the faithful performance of the duties of his office or for the due exercise of his profession or calling as hath been heretofore required, or shall be hereafter required in any Act to be passed in that behalf. 3. And be it, &c., That the form hereinbefore set forth, and no other, shall be that of the Oath of Allegiance to be administered to and taken by all persons in this Province who, either of their own accord or in compliance with any lawful requirement made on them to take the Oath of Allegiance to Her Majesty^, Her Heirs or Successors, or in obedience to the directions of any Statute either of the Imperial or Provincial Parliament therefor, shall be willing or desirous to take the same to. Her Majesty, Her Heirs or Successors in this Province; and the power to tender and administer such Oath is hereby declared to be vested in all Magistrates and other Officers now THE MUNICIPAL MANUAL. 899 lawfully authorized or hereafter to be lawfully authorized, either by virtue of their Office or by Special Commission from the Crown for that purpose, to administer the Oath of Allegi- ance in this Province or any part thereof. 4. And be it, <&c., That the said Oath of Allegiance here- Oath tobe inbefore set forth, together with the Oath of Office or Oath tnkenwitnin for the due exercise of any profession or calling, respectively, noV^iaw shall be and is hereby required to be taken within the same J r t Y jj d ^ d c ' 6&t period and in the same manner, and subject to the like disa- bilities and penalties for the omission thereof, as is now by law provided with respect to the Oaths heretofore required to be taken in any case respectively. 5. And le it, <&c.. That all such persons as are or shall Affirmation be allowed by law to affirm instead of swear in civil cases in j ) ^ ea i d Q c f er . this Province or any part thereof, shall be received to take an taincSes? r " Affirmation of Allegiance in the like terms mutatis mutandis, as those herein and hereby prescribed for the said Oath of Allegiance, which Affirmation of Allegiance shall in all cases be received and accepted from such persons in lieu of such oath, and the taking of such Affirmation of Allegiance before its effect. the proper officer shall in the case of all such persons have the like effect to all intents and purposes whatsoever, as if the same had been the said Oath of Allegiance herein and hereby prescribed as aforesaid ; and the power to tender and administer By whom it such affirmation to all such persons so entitled to take the ^J^S^d same, is hereby declared to be vested in all Magistrates and other Officers now lawfully authorized or hereafter to be law- fully authorized, either by virtue of their office or by special commission from the Crown for that purpose, to administer the Oath of Allegiance in this Province or any part thereof. G. And ~be it, &c., That it shall not be necessary for any N O person person for the purpose of qualifying himself to hold office in ^elsacra- this Province or any part thereof, or for any other temporal ment as a purpose, privilege or advantage whatsoever within the same or ^i^SaS. any part thereof, to take or receive the Sacrament of the Lord's Supper according to the rites or usages of the Church of Eng- land, or to deliver a certificate or make proof of his having received the said Sacrament in manner aforesaid; and that no NO penalty person shall hereafter within this Province or any part thereof, Jj be subject to any penalty, forfeiture, incapacity, or disability it? whatsoever, for or by reason of his not having so taken or received the said Sacrament. '. 400 THE MUNICIPAL MANUAL, Preamble. Punishment of parties damaging Telegraph wires, &c Who shall have juris- diction. How penal- ties shall be enforced, if not paid. 13 & 14 VIC. CAP. 31. An Act to protect from injury Electro- Magnetic Telegrayhs t this Province. [10th August, 1850.] WHEREAS it is necessary to protect from injury Electro* Magnetic Telegraph Lines in this Province : Be it, &c. f That if any person shall wilfully or maliciously cut, break, destroy, or injure any instrument, cap, wire, post, or other erection, used for or by any Line of Electro-Magnetic Telegraph now or hereafter to be in operation in this Province, under any Act in force therein, or that may be passed by the Legislature thereof, or in any manner by any means impede or obstruct the action and operation of such Line, such person shall be punishable by imprisonment for not less than five days nor more than thirty days, or by fine not exceeding ten pounds, or by both, according to the discretion of the Magistrate before whom the offence shall , be charged : that the jurisdiction over all offences against this Act shall be in any Justice of the Peace in any Parish, Village, City, Town or County where the offence was committed, or in which the offender may be found, and the proceedings thereon shall be summary ; that the fine im- posed may, if not forthwith paid, be levied, with all costs of the prosecution by Warrant of Distress against and by sale of the goods and chattels of the offender, or such offender may, (in the discretion of the Magistrate) whether imprisonment be or be not part of the sentence, be imprisoned for a period not exceeding thirty days, in addition to and after the expiration of any other imprisonment making part of his sentence, unless such fine and all expenses incurred in the prosecution be sooner paid ; and all such fines, when collected, shall belong to the party aggrieved by and complaining of the offence, and be paid over to such party. 13 & 14 VIC. CAP. 54. An Act to extend the right of Appeal in certain cases in Upper Canada. [10th August, 1850.] WHEREAS it is expedient to extend the right of Appeal in Appeal given certain cases in Upper Canada: Be it, &c., That from and whereThr 86 a ^ ter *^ e P ass ^ D S *' tn ^ s Act, an J P erson > complainant or matter knot respondent, who shall think himself aggrieved by any convic- tion or decision before any one or more Justices of the Peace, Mayor or Police Magistrate in any matter cognizable by such Preamble. a crime. THE MUNICIPAL MANUAL. 401 Justice of the Peace, Mayor or Police Magistrate, not being a crime, may appeal to the next Court of General Quarter Ses- sions of the Peace, which shall be holden not less than twelve days after the day of such conviction or decision, jbr the County wherein the cause or complaint shall have arisen ; provided such person shall give to the other party, or leave Party con- with the convicting Justice for him a notice in writing of such appeal and of the cause and matter thereof within four days custody, or after such conviction or decision and eight days before such Sty. 886 Sessions, and shall also either remain in custody until such Sessions, or enter into a recognizance with two sufficient secu- rities before a Justice of the Peace, conditioned to appear at Seeievic.c. the said Sessions and try such appeal and to abide the judgment 178 ' s ' 26 ' of the Court thereupon and to pay such costs as shall be by the Court awarded; and upon such notice being given and com-ttohear such recognizance being entered into, the Justice before whom J5J *jjjf" the same shall be entered into shall liberate such person if in matter. custody, and the Court at such Sessions shall hear and deter- mine the matter of such appeal, and shall make such order therein, with or without costs to either party, as to the Court shall seem meet, and in the case of the dismissal of the appeal or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction and to pay such costs as shall be awarded, and shall if necessary issue process for enforcing such judgment. . And be it, <&c., That whenever any appeal shall be Jury to be made from the decision of any Justice or Justices, Mayor or on the nelled Police Magistrate, the Court of Quarter Sessions, at the re- requestor quest of either appellant or respondent, shall empannel a Jury ^appS^ to try the matter on which such decision may have been made, and to administer to such Jury the following oath : " You do solemnly swear that you will well and truly try the matter of the complaint of C. D. against E. F. and a true verdict give according to the evidence : So help you God." And the Court on the finding of such Jury shall thereupon give such judgment as the circumstances of the case may re- quire, not however to exceed the amount of penalty or period of imprisonment that might be imposed or awarded under any law giving cognizance to the said Justice or Justices, Mayor or Police Magistrate. 3. And be it, &c., That it shall and may be lawful for any Appeal may apellant to abandon the said appeal by giving the opposite ^abandon- party notice of such intention in writing six days before the said Sessions, and thereupon it may be lawful for the convict- B2 402 THE MUNICIPAL MANUAL. ing Justice or Justices Mayor or Police Magistrate to tax the respondent's additional costs, if any, which shall be added to the original costs, and to proceed on the original conviction or decision in the same manner as if no appeal had been had thereon. 13 & 14 VIC. CAP. 64. An Act for correcting certain errors and omissions in the Act of the Parliament of this Province passed in the last Ses- sion thereof, intituled, " An Act to provide, 1y one general law, for the erection of Municipal Corporations and the establishment of Regulations of Police in and for the several Counties, Cities, Towns, Townships and Villages in Upper Canada," for amending certain of the provisions of the said Act, and making some further provisions for the bet- ter accomplishment of the object thereof. ,* [10th August, 1850.] SCHEDULE B. TOWNS. 1. Belleville, To consist of all that part of this Province situate within the County of Hastings, and lying within the following limits, that is to say : Commencing at the limits between Lots number six and seven in the first concession of the Township of Thurlow, at low water mark of the Bay of Quinte ; thence, northerly, along the side line between lots number six and seven, to the second concession road; thence, westerly, along the said second concession line to the westerly boundary of Lot number one in the first Concession of Thurlow ; thence, southerly, on the Town line between the Townships of Thurlow and Sidney, to the Bay of Quinte ; thence, easterly, along the shore of the said Bay to the place of beginning ; together with the harbour, islands and marshes in front of the said Town. The said Town to be divided into four Wards, to be called respectively, " Sampson Ward," " Ketcheson Ward," " Bald- win Ward/ 7 and " Coleman Ward," and to comprise the fol- lowing portions of the said Town respectively, that is to say : The said " Sampson Ward" to comprise all that part of the said Town which lies to the south of Bridge-street to the limits between Lots numbers six and seven in the first Concession of the said Township of Thurlow, on the east side of the River Moira. THE MUNICIPAL MANUAL. 403 The said " Ketcheson Ward" to comprise all that part of the said Town which lies north of Bridge-street and west of Pinnacle-street, on the east side of the River Moira. The said " Baldwin Ward" to comprise all that part of the said Town which lies north of Bridge-street and on the east side of Pinnacle-street, to the said River Moira, and thence, along the said River, to the limits of the said Town. And the said " Coleman Ward" to comprise all that part of the said Town which lies on the west side of the said River Moira. SCHEDULES. Substituted for parts of Schedule B of 12 Vic., Cup. 81. 5. Cobourg, To consist of all that part of this Province situate within the County of Northumberland, and lying within the following limits, that is to say : Commencing on the shore of Lake Ontario, at the south-east angle of Lot number fourteen in Concession B, in the Town- ship of Hamilton j thence, north, sixteen degrees west, to the centre of the first concession of the said Township; thence, south, seventy -four degrees west, to the centre of Lot number twenty-one in the said first concession ; thence, south, sixteen degrees east, to the distance of half a mile from the point at which the said line intersects the margin of the water on the shore of the said Lake ; thence, westerly, through the waters of the said Lake, following the direction of the curvatures, and keeping always at the distance of half a mile from the margin of the water, to a point where a line drawn southerly from the south-east angle of the said Lot number fourteen in Concession B, meets the said last mentioned line ; thence, northerly, in the direction of the said line so drawn from the said Concession of the said last mentioned Lot, to the place of beginning. The said Town to be divided into three Wards, to be called respectively, " South Ward," " East Ward," and " West Ward." The " South Ward" to comprise all that portion of the said Town which lies south of King-street. The said "East Ward" to comprise all that portion of the said Town which lies east of the centre of the street between Lots numbers sixteen and seventeen and north of King-street; and The " West W r ard " to comprise all that portion of the said Town which lies west of the centre of the street between Lots numbers sixteen and seventeen and north of King-street. 404 THE MUNICIPAL MANUAL. 12. Picton, To consist of all that part of this Province situate within the County of Prince Edward, and lying within the following limits, that is to say : Commencing on the south side of Lot letter A, at a distance of fifty chains from the front of the Lot ; thence, across the said Lot, and across Lot number one, north sixty-four degrees forty-five minutes east, to a post planted on the limit between Lots numbers one and two in the first Concession north of the Carrying-Place ; thence, at a right angle across Lots numbers two, three and four in the said Concession ; thence, along the north-east side of Lot number four, to the Bay; thence, directly across the Bay to the line between Lots numbers seventeen and eighteen in the first Concession east of the Carrying-Place ; thence, along the water's edge, to the limit between Lots numbers nineteen and twenty in the said Con- cession ; thence, along the limit between the said Lots in a south-easterly direction, twelve chains ; thence, at right angles across the easterly half of Lot number twenty ; thence, in a south-easterly direction along the centre of the said Lot number twenty, nine chains, more or less, to the east side of John-street; thence, along the east side of John-street, thirty chains ; thence, north eighty degrees twenty minutes west, fourteen chains, forty links, more or less, to the east side of Church-street ; thence, south, twelve degrees forty-five minutes east, one chain, sixty-five links ; thence, south, forty-nine degrees fifteen min- utes west, fifteen chains, fifty links ; thence, south, thirty-two degrees west, to the north-eastern limit of Lot number one in the Concession south-east of the Carrying-Place; thence, north, eighty degrees twenty minutes west along the north-east side line of the said lot number one to the front of the Lot ; thence, north, eighty-seven degrees forty-five minutes west, sixty chains, more or [ess, to a post on the limit between Lots numbers twenty-one and twenty-two in the third Concession, military tract; thence, along the westerly side line of the said Lot number twenty-two, twenty-four chains, seventy-four links, more or less, to Lot letter A aforesaid ; thence, in a direct -line, to the place of beginning, including the Harbour in the above mentioned boundaries. 13. Port Hope, To consist of all that part of this Province situate within the County of Durham, and lying within the following limits, that is to say : Composed of Lots numbers four, five, six, seven and eight, and the east half of Lot uurnber nine, in the first Concession of the Township of Hope, and the broken fronts of the said Lots -and half Lot, tpgether ^with all those parts of Lots num- THE MUNICIPAL MANUAL. 405 bers four and five, in the second Concession of the said Town- ship of Hope, with the road allowance between the said first and second Concessions, and butted and bounded as follows, that is to say : Commencing in rear of the first Concession, at the north-east angle of Lot number four in the first Concession ; thence, in a northerly direction, across the said allowance for road, to the south-east corner of Lot number four, in the second Concession; thence, northerly, along the easterly side of the said Lot num- ber four, in the second Concession, fifteen chains; thence, westerly, in a course parallel with the front of the said second Concession, twenty-five chains ; thence, southerly, in a course parallel with the said east line of Lot number four, in the second Concession aforesaid, sixteen chains, more or less, to the rear line of the first Concession ; thence, easterly, along the rear of the first Concession, to the place of beginning; and also, the water in front thereof to the distance of one quarter of a mile into Lake Ontario. The said Town to be divided into three "Wards, to be called respectively : First Ward, Second Ward and Third Ward, and which Wards are to comprise the following portions of the said Town respectively, that is to say : The said First Ward to comprise all that part of the said Town which lies east of the River. The said Second Ward to comprise all that part of the said Town which lies west of the River and south of Walton-street, continued westerly by Ridout-street and the front or Lake Shore Road to the western limit of the said Town. And the said Third Ward to comprise all that part of the said Town which lies west of the River and north of Walton- street, continued westerly by Ridout-street and the said front or Lake Shore Road to the western limit of the said Town. 14. Prescott, To consist of all that part of this Province situate within the County of Grenville, and lying within the following limits, that is to say : Commencing at the south-eastern angle of the Township of Augusta ; thence, north, twenty-four degrees, west, to the rear of the first Concession of the said Township ; thence, south- westerly, along the Concession line to the limit between the east and west half of Lot number five, in the first Concession of Augusta aforesaid ; thence, south, twenty-four degrees, east, to the River Saint Lawrence ; thence, north-easterly, along the water's edge, to the south-eastern angle of the said Township, to the place of beginning, and shall take in so much of the 406 THE MUNICIPAL MANUAL. waters of the River Saint Lawrence and the land under the wharves and buildings built in such waters as lie within three hundred yards in every direction of the edge in front of the present limits of the said Town of Prescott. The said Town of Prescott to be divided into three Wards, in the following manner, that is to say : All that part of the Town on the south side of the Queen's highway, shall compose the South Ward. All that part of the Town on the east side of the Street cal- led Centre Street, leading from the Queen's highway to the rear line of the said Town, shall compose the East Ward. And all that part of the Town on the west side of the afore- said Street called Centre Street, shall compose the West Ward. 15. Saint Catharines, To consist of all that part of this Province situate within the County of Lincoln, and lying within the following limits, that is to say : Commencing at the north-east angle of Lot number fifteen, in the fifth Concession of the Township of Grantham ; thence, south-westerly, along the road as now laid out, one hundred and fifty-five chains, more or less, crossing the Welland Canal at Ranney's Mills, to the western limit of the Welland Canal Lands ; thence, southerly and easterly, along the Welland Canal boundary until it intersects the allowance for road be- tween the sixth and seventh Concessions; thence south, sixty- five degrees west, along the rear of the sixth Concession, to the limit between Lots numbers nineteen and twenty ; thence, south, crossing the main road to Hamilton, five chains; thence, north, sixty degrees east, more or less, until it intersects the allowance for road between Lots numbers fifteen and fourteen ; and thence north, along the said allowance, more or less to the place of beginning. The said Town to be divided into three Wards, to be called respectively, Saint Thomas Ward, Saint George's Ward and Saint Paul's Ward, and to comprise the following portions of the said Town respectively, that is to say : The said Saint Thomas Ward to comprise all that part of the said Town which lies within the following limits : Commencing at the south-westerly angle of the said Town ; thence, north, until it intersects the allowance for road between the sixth and seventh Concessions of Grantham; thence, north, sixty-five degrees, east, along the said allowance to the Welland Canal; thence, down the said Canal, to the northern aud west- ern limit of the Welland Canal Lands; thence, easterly, across THE MUNICIPAL MANUAL. 407 the said Canal until it intersects the main road at the north- western boundary of the said Town; thence, north-easterly, along the said boundary until it intersects Ontario Street ; thence, up the said street, until it intersects St. Paul Street ; thence, southerly, on the said Street until it intersects the Concession line between the sixth and seventh Concessions ; thence, north-easterly, on the said line until it crosses the Welland Canal ; thence, up the said Canal until it intersects the eastern boundary of the said Town ; thence, south, on the said boundary until it intersects the south-easterly angle of the said Town ; thence, north-easterly, to the place of beginning. The said Saint George's Ward to comprise all that part of the said Town which lies within the following limits : Commencing at the corner of Saint Paul and Ontario Streets; thence, down the boundary of Ontario Street to the north-wes- terly boundary line of the said Town ; thence, north-easterly, on the said boundary, to the north-east angle of the said Town ; thence, south, until it intersects St. Paul Street ; thence, up the said Street, to the place of beginning. And the said Saint Paul's Ward to comprise all that part of the said Town which lies within the following limits : Commencing at the intersection of Saint Paul Street with the eastern boundary of the said Town ; thence, south, until it intersects the boundary of Saint Thomas Ward on the Wei- land Canal ; thence, down the said Canal until it intersects the line between the sixth and seventh Concessions ; thence, north, up the said Concession line until it intersects Saint Paul Street ; thence, westerly, up the said Street, to the place of beginning. 13 & 14 VIC. CAP. 69. An Act to enable Collectors of Local Taxes in Upper Canada, for the several years between one thousand eight hundred and thirty- six and one thousand eight hundred and forty- nine, (both inclusive,) to recover Taxes accrued in such years respectively , and remaining due. [10th August, 1850.] WHEREAS there are considerable amounts of Local Taxes, p ream bie. Rates and Assessments accrued in Upper Canada, between the years one thousand eight hundred and thirty-six and one thousand eight hundred and forty-nine, both inclusive, still remaining due and unpaid ; and whereas difficulties have arisen and doubts exist as to whether the several Collectors appointed 408 THE MUNICIPAL MANUAL. for such years respectively, can now legally enforce payment of such arrears, and it is but fair and just that the parties assessed and in arrear should be required to pay the Taxes due collectors in; by them : Be it, t Canada, which may be made of or with the Indians or any of valid with- them, shall be valid unless made under the authority and with oons'ent of the consent of her Majesty, her heirs or successors, attested by the Crown. an instrument under the Great Seal of the Province, or under the Privy Seal of the Governor thereof for the time being. Such pur- 3. And be it, &c.. That if any person, without such autho- chase with- {. an( ^ consen f s h a ll in any manner or form, or upon anv terms out consent V ; , . J . . .'. \ to be a mis- whatsoever, purchase or lease any lands within Upper Canada demeanor. ^ Qr f rom ^ ^-^ j n( ji ans ^ or an y O f th e m, or make any con- tract with such Indians, or any of them, for or concerning the sale of any lands therein, or shall in any manner give, sell, demise, convey or otherwise dispose of any such lands, or any interest therein, or offer so to do, or shall enter on, or take possession of, or settle on any such lands, by pretext or colour of any right or interest in the same, in consequence of any such purchase or contract made or to be made with such In- dians, or any of them, unless with such authority and consent THE MUNICIPAL MANUAL. 411 as aforesaid, every such person shall, in every such case, be deemed guilty of a misdemeanor, and shall, on conviction Penalty, thereof before any Court of competent jurisdiction, forfeit and pay to her Majesty, her heirs or successors, the sum of two hundred pounds, and be further punished by fine and impri- sonment, at the discretion of the Court. 3. And l)e itj &c. } That no person shall take any confession confessions of judgment or warrant of attorney from any Indian within ^jjj^be' Upper Canada, or by means thereof, or otherwise howsoever ob- taken from tain any judgment for any debt or pretended debt, or upon any Indians - bond, bill, note, promise or other contract whatsoever, unless Exception, such Indian shall be seized in fee simple in his own sole right of real estate in Upper Canada, the title to* which shall be See2ovic. e. derived directly or through others by Letters Patent from the 26 ' sec ' L Crown, and shall be assessed in respect of such real estate to the amount of twenty-five pounds or upwards. 4. And be it, &c., That no taxes shall be levied or assessed Taxe8 and upon any Indian or any person inter-married with any Indian assessments for or in respect of any of the said Indian lands, nor shall any J^ied on taxes or assessments whatsoever be levied or imposed upon any Indians. Indian or any person inter-married wtth any Indian, so long as he, she or they shall reside on Indian lands not ceded to the Crown, or which having been so ceded may have been again set apart by the Crown for tiie occupation of Indians. 5. And be it, &c., That notwithstanding any thing in this Agto Act contained, Indians and persons inter-married with Indians, formance"of residing upon any such Indian lands and engaged in the pur- JSSur'by suit of agriculture as their then principal means of support, Indians, shall be liable, if so directed by the Superintendent General, the Assistant Superintendent General, or by any Subordinate Superintendent of Indian Affairs, who may for the time being be charged with the subordinate superintendence of such In- dians and persons inter-married with Indians as aforesaid, or by any such Commissioner or Commissioners, to perform labor on the public roads laid out or used in or through such Indian lands, such labour to be performed under the sole control of the said Superintendents or Commissioners, or of any or either of them, who shall have power to direct when, where, how and in what manner the said labour shall be applied, and to what extent the same shall be imposed upon Indians or persons inter-married with Indians, who shall be resident upon any of the said lands, and that the said Superintendents and Com- missioners, and every of them, shall have the like power to enforce the performance of all such labour by imprisonment 412 THE MUNICIPAL MANUAL. or otherwise as may now be done by any power or authority under any law, rule or regulation in force in this Province for the 'non-performance of Statute labour : Provided always, Proviso: as g nevertheless, That the labour to be so required of any such I n( ^i an or person inter-married with an Indian, shall not ex- ceed in amount or extent what shall or may be required of other inhabitants of Upper Canada, under the general laws requiring and regulating such labour and the performance thereof. NO spiritu- G. And be it, &c., That it shall not be lawful for any per- tobe iqu r8 son to se ^> barter, exchange, or give to any Indian, man, furnished to woman, or child, within this Province, any kind of spirituous Indians. ljq UO rs, in any manner or way, or to cause or procure the same to be done for any purpose whatsoever ; and that if any per- son shall so sell, barter, exchange, or give any such spirituous liquors to any Indian, man, woman or child, as aforesaid, or shall cause the same to be done, he shall be deemed guilty of Penalty. a misdemeanor, and on conviction thereof shall be fined at the discretion of the Court, not exceeding five pounds for every such offence, and shall forfeit also the sum of one pound five HOW recov- shillings for every such offence, to be recovered as in an action ^oprSafed 1 * ^ debt w ^ cos ^ s ' in an j Court of competent jurisdiction, by any one who will sue for the same, one moiety of every such last mentioned pecuniary penalty or forfeiture to go to the in- former or prosecutor, and the other moiety thereof to be paid to her Majesty, her heirs or successors, or to some officer acting under her authority, to be disposed of for the use and benefit of the Indians, as the Governor of this Province for Proviso. the time being may be pleased to direct : Provided always, nevertheless, That no such penalty shall be incurred by the furnishing to any Indian, in case of sickness, any spirituous liquor, either by a medical man or under the direction of any such medical man. Pawns not to *7. And be it, &c., That no pawn taken of any Indian for an y spirituous liquors, shall be retained by the person to whom such pawn shall be delivered, but the thing so pawned may be sued for and recovered, with costs of suit, by the Indian who may have deposited the same, before any Court of com- petent jurisdiction. Recital. 8. And whereas certain tribes of Indians in Upper Canada receive annuities and presents, which annuities, or portions thereof, are expended for and applied to the common use and benefit of the said Tribes, more especially for the encourage- ment of agriculture and other civilizing pursuits among them, THE MUNICIPAL MANUAL. 413 although the articles so required or purchased out of such annuities, may be and often necessarily are, in the possession or control of some particular Indian or Indians of such Tribes, and it is important with a view to the progress and welfare of such Tribes, that the property thus acquired or purchased should be protected from seizure, distress or sale, under or by virtue of any process whatsoever: Be it, Officers, to whom any such process shall be so directed by such to obey Commissioners or any or either of them, are hereby required pr to obey the same, and all other Officers upon reasonable requi- sition to be aiding and assisting in the execution thereof. 13 & 14 VIC. CAP. 75. An Act for the protect ion of Mill-owners in Upper Canada. [24th July, 1850.] WHEREAS it often happens that persons purchase Crown p rea inbie. Lands and Clergy Reserves in Upper Canada from the Crown which, at the time of the purchase, and of the issuing of the patent therefor, were in the whole or in part overflowed by the waters of some mill stream, in consequence of the erection and continuation of Mill Dams thereon: And whereas it often happens that such persons, at the time they purchase such lands, are well aware of their being so overflowed, and have in consequence thereof obtained a reduction or allowance in the price paid for the same, but, nevertheless, obtain Pa- tents for the whole of such Lots, and afterwards bring actions egainst the proprietors or occupiers of the Mills for the use of which such Dams have been erected : For remedy thereof, Be it, (&c., That when in any action hererafter to be brought Grantee of against the proprietor and occupier of any Mill, for the over- flowing of, or injury to any Land, caused by the erection or am continuation of any Dam for the purposes of such Mill, it shall appear that such overflowing or other injury was caused by the erection or continuation of a Dam which was built fore patent before the purchase by, and grant thereof to the Grantee of Srtahicas* the Crown of such Land, and that such purchaser obtained a reduction in the price of such Land, or was otherwise indemni- fied in consequence of its being so overflowed or otherwise injured, then, the Jury on the trial of any such cause may take such facts into their consideration, and if they think it just and equitable, may, in consequence thereof, find a verdict for the Defendant in any suit so to be brought. 2. And be it, c&c., That in any such action, it shall and Defendant may be lawful for the Defendant to plead the general issue, Se^genera and under such plea, on entering a note of this Act in the k 8116 - * C2 418 THE MUNICIPAL MANUAL. Extent of Act. margin thereof, to avail himself of this Act and of the matters of defence herein given. 3. And be it, &c,, That this Act shall extend to Upper Canada only. Preamble. Land for such bury- ing grounds may be vested in trustees. Proviso: ex- tent limited. 13 & 14 YIC. CAP. 77. An Act to permit Lands in Upper Canada to be conveyed to Trustees for Burial Places. [10th August, 1850.] WHEREAS in many parts of Upper Canada the inhabitants are desirous of securing the title to land requisite for a bury- ing ground, which shall not belong exclusively to any of the various denominations of Christians, and that the same should be taken and held by Trustees acting in a corporate capacity, and having perpetual succession : Be it, c&c., That whenever any of the inhabitants of any township or locality in Upper Canada, to the number of ten or more, shall desire to take a conveyance of land for the purpose mentioned in the Preamble to this Act, it shall and may be lawful for them to appoint Trustees, to whom, and their successors to be appointed in such manner as shall be specified in the deed conveying the same to them, the land requisite for the purposes aforesaid may be conveyed ; and such Trustees, and their successors in perpetual succession, by the name expressed in such deed, shall be capable of taking, holding, and possessing such land, in trust to and for the uses and purposes limited in such deed, and of commencing and maintaining any action or proceeding in law or equity for the protection thereof, and of their right in and to the same : Provided, there shall not be held in trust under any such conveyance for the purposes aforesaid, more than ten acres of land for the inhabitants of any one township or locality. Preamble. 13 & 14 VIC. CAP. 78. An Act to authorize tlie Trustees holding Land upon which Churches are erected in Upper Canada to mortgage the same to pay of the D-ebts due l>y such Churches. [10th August, I860.] WHEREAS it frequently happens that the Trustees who hold lands in a corporate capacity for the site of a Church, Meeting House or Chapel for some of the religious denominations in Upper Canada under various public and private Acts of Par- THE MUNICIPAL MANUAL. 419 liament, contract debts for the building, repairing and improv- ing such Churches, Meeting Houses or Chapels, and may be desirous of mortgaging the land they may so hold to secure the payment of such debts : Be it, &c., That whenever any Trustees debt shall have been or may hereafter be contracted, for the J^JJ^J 011 building, repairing, extending or improving of any Church, mortgag Meeting House or Chapel, erected or to be erected upon lands held by Trustees for the benefit of any Religious Society in P oses - Upper Canada which by law may take land for such purpose, or for the purchase of the land on which the same is erected, the Trustees for the time being, or a majority of them, may from time to time, as may be necessary, obtain by way of loan or loans from any person or party whomsoever, such sum of money as shall be sufficient to discharge such debts or any part thereof, and may secure the repayment of such loan or loans and interest by mortgage upon the lands, Churches, Meeting Houses or Chapels which may be respectively held by them as aforesaid, upon such terms as may be agreed upon : Provided always, that the said Trustees or a majority of them Proviso. may give such mortgage directly to any party to whom such debts may be owing. 13 & 14 VIC. CAP. 84. An Act to establish a Survey in front of the ninth Concession of Cornwall, (from Lot Number Twenty-two, westerly, to the limit of the Township^) as the governing line of the said Concession of Cornwall. [24th July, 1850.] Line mentioned in Title established. 13 & 14 VIC. CAP. 85. An Act to determine the mode in which the Side Lines in certain Concessions in the Township of Edwardsburgh shall be run. [24th July, 1850.] WHEREAS, &c. : Be it, &c.j That for and notwithstanding any How wrtzin thing in the thirty-ninth section, or in any other part of the Act J ! t ^ e Unes in ' passed in the twelfth year of her Majesty's reign, and intituled, An Act to repeal certain Acts therein mentioned, and to make snall *>erun: 7 .. . 77 .. -r-rv nonnbstantA better provision respecting the admission of Land Surveyors, 12 Vic. c. 35. and the Survey of Lands in this Province, or in any other Act or Law, the side line between numbers eleven and twelve, in the fifth and sixth concessions of the said Township of Ed- wardsburgh, and the side line between any lots in the said 420 THE MUNICIPAL MANUAL. And in 7th concession. And in 8th concee&ion. concessions west of number eleven, run and snail be ran from the corner post in the front of such lots to the rear thereof, in such direction as that if any such line were prolonged, it would strike the post or front boundary between the lots bearing the same numbers in the next concession towards the rear of the township. 55. And be it, &c., That in the seventh concession of the said Township the course of the side line between the East half and the West half of Lot number seven, and of the side lines of all the Lots to the West thereof, is and shall be North thirty-one degrees twenty-two minutes West, astronomically. 3. And be it, <&c., That the Eastern commons in the said eighth concession is and shall be fourteen chains and twenty- five links in width, and that all the land to the West thereof be divided into the number of Lots, Commons and Roads, shewn in the original survey; and that the side lines be run parallel to the Eastern boundary of the said Township and any line run in accordance with this Act shall be deemed to be and to have been since the survey of the said Township the true side line of the lots through which it shall run : sub- ject nevertheless to the provisions of the hereinbefore recited Act, relative to the breadth of Lots and the mode of ascer- taining such breadth when the original posts or monuments cannot be found, and as to all matters not provided for by this Act. 13 & 14 VIC. CAP. 86. An Act to amend and explain the Act relative to tlie Side Lines in the Township of Osgoode. [24th July, 1850.] Act 10 & 11 WHEREAS, &c. : Be it, &c - and to see that he perfectly understands the duties he is to perform under this Act, and to furnish him with the proper forms ; and also to cause public notice to be given of the taking of the said Census, and of the information which all persons are required to give to the said Enumerators, and the manner and time in and at which the same is to be given, and the penalties to be incurred for refusing or neglecting to give it. 8. And be it, &c., That on the second Monday in January, Dutyof EHU- one thousand eight hundred and fifty-two, and on the second taking the* Monday in January in every year thereafter in which the census - Census is to be taken, and upon such number of days next 440 THE MUNICIPAL MANUAL. after each such Monday as maybe necessary, every Enumerator shall, under the instructions of the Census Commissioner under whom he is to act, visit every house in his Enumeration Dis- trict, and shall diligently and faithfully take an account in writing of the name, sex, age and occupation, of every living person who abode therein on the night of the Sunday next preceding such Monday, and shall also ascertain who of such persons are transient passengers, having their permanent resi- dence elsewhere, and whether such residence is in Lower Canada or in Upper Canada, or out of this Province, (and the name, sex, age and occupation of every person usually a resident therein, but then casually absent, distinguishing such persons from others), and shall also collect and take an account of all such further information as shall be required by his instructions; Return to be and having entered such account in writing, in the form fur- Cemms Dished him for that purpose, the Enumerator shall then, before Officer. some Justice of the Peace, make and sign a solemn declaration, (to be printed at the foot of the proper form) that he has faithfully and diligently taken the said account, and obeyed the instructions he has received touching the same, and that to the best of his belief the same is correct as far as may be known ; and shall on or before the fifteenth day of February, deliver the same to the Census Commissioner under whom he acts. DutyofCen- And be it, &c., That every Census Commissioner shall rece?^ng r n immediately on receiving the said Accounts carefully examine suchreturns. the same, in order to ascertain whether the instructions given to the Enumerators have been punctually complied with, and if not, he shall cause any defect or inaccuracy therein to be supplied as far as may be possible; and if any Enumerator shall not take or deliver his account to the proper Census Com- missioner within the time hereby prescribed, it shall be the duty of such Census Commissioner to cause the same to be forthwith taken and delivered to him. Return to be 1O. And be it, &c., That so soon as any Census Commis- im^officSto s i ner shall have received all the Accounts of the Enumerators the Board of acting under him, and shall have examined the same, and satisfied himself that they have been made as accurate as pos- sible, he shall sign a Certificate, to be printed on each, to thut effect, and shall deliver them to the Board of Registration and Duty of the Statistics; and the said Board shall examine the same, and caus e any defects or inaccuracies they may discover therein to be corrected as far as possible, and shall then make such abstracts thereof, and compile such tables therefrom as the Governor in Council shall direct ; and such abstracts and tables THE MUNICIPAL MANUAL. 441 shall be laid before the Provincial Parliament at its then next session ; such of them as the Governor in Council shall think proper being published in the meantime for the information of the public. 11, And le it, d-c., That each Enumerator in the Cities and incorporated Towns, and in such other localities as the Board of Registration and Statistics shall think proper, shall be supplied with printed Schedules for the purpose of being printed Sch- left by such Enumerator for the occupant of each house, or of fjjj^ each* any story, apartment or portion thereof in his District, and house, &c. filled up by such occupant ; and it shall be the duty of each Enumerator receiving such Schedules to leave one copy or more thereof at each house, in his Enumeration District, in the course of the week ending on the Saturday next before the second Monday in January ; and upon each such Schedule there shall be notice that such Schedule is to be filled up and signed by the occupant of such house, or by the occupant of any distinct story, apartment or portion thereof, where the house is let in different stories, apartments or portions, and occupied distictly by different families or persons, and that the Enumerator will call for the same on the Monday then next following; and every occupant of any house or of any distinct Occupants of story, apartment or portion thereof, with or for whom any such JJounTtoffli Schedule shall be left as aforesaid, shall fill up the same to the up schedules best of his or her knowledge or belief, and sign the same, so far as relates to all persons dwelling in the house, story or apartment occupied by him or her, and shall deliver the same to the Enumerator when required by him so to do, or in his or her absence somo other member of the family, if any of them be capable of so doing, shall fill up and sign and deliver the same to him; and every such occupant who shall wilfully or p en aityfor without lawful excuse refuse or neglect to fill up such Schedule neglect or to the best of his or her knowledge and belief, or to sign and returns. deliver the same as aforesaid when required, or who shall wilfully make, sign, or deliver, or cause to be made, signed or delivered, any false return of all or any of the matters specified in any such Schedule, shall thereby incur a penalty of not less than Two nor more than Five Pounds. 12. Andlc it, &c.j That the said Enumerators shall col- Enumera- lect the said Schedules, each in his own District, from house tors to co1 - to house, on the Second Monday in January, or so soon as schedules,! pssieble thereafter, and shall, on receiving the same, examine JJSnt^be them to see that they are properly filled up and signed, and if corrected if they shall, either at that time or thereafter, believe any such defectlve - Schdule to be erroneous or defective, shall forthwith proceed 442 THE MUNICIPAL MANUAL. to complete or correct the same, for which purpose they shall have the same power to make all necessary inquiries as if no such Schedules had not been made or left as aforesaid ; and Schedules to when they are so completed or corrected, they shall copy the be delivered . r . J ., r . , . * tj . to Census information therein contained into the Account to be by them taken as aforesaid, and shall add thereto the accounts they may have taken and the information they may have collected, of persons and things not returned in such Schedules, which they shall deliver, with their said Accounts, to the proper Census Commissioner, who shall deliver them, with his return, to the Board of Registration and Statistics. Power of En- Jg. And be it, &c.j That the said Enumerators shall be toaskques- and are hereby authorized to ask of all persons all questions tive'tothe Wft i cn sna ^ De necessary to enable them to take the accounts information and obtain the information aforesaid, and which they shall be required. authorized to ask by any instructions to be issued by the said Board of Registration and Statistics ; and shall also have free access to all Assessment Rolls and other documents containing Penalty for statistical information ; and any person who shall refuse or answer? or neglect to answer, or shall wilfully answer falsely any such answering question, shall for every such refusal or neglect incur a penalty of not less than Twenty Shillings nor more than Five Pounds in the discretion of the Magistrate before whom the same shall be sued for ; and the provisions of this section shall not be limited to the time within which the said accounts are to be taken as aforesaid, but shall extend to any questions which it may at any time become requisite to ask in order to correct or supply any supposed error or defect in such Accounts. Recovery 14L. And be it, &c. That the penalties hereinbefore imposed tionof penal- ma y ^ e recovered in a summary manner at the suit of any ties. Enumerator, before any one Justice of the Peace having juris- diction in the place where the oifence shall have been com- mitted, on the oath of the Enumerator or any other credible witness, and if the penalty and the costs (which costs to be taxed by the Justice, but in no case to exceed Ten Shillings,) be not forthwith paid upon conviction, the convicting Justice may in his discretion cause the same to be levied by distress and sale of the goods and chattels of the offender by Warrant under his hand and seal, or may commit the offender to the common gaol of the place, for any period not exceeding one month, or until the penalty be paid; and one moiety of such, penalty shall belong to the Crown for the public uses of the Province, and the other moiety shall belong to the prosecutor, unless he shall have been examined as a witness to prove the THE MUNICIPAL MANUAL. 443 offence, in which case the whole shall belong to the Crown for the uses aforesaid. 15. And be it, &c., That if any Census Commissioner or Enumerator shall wilfully disobey or contravene any of the cers or provisions of this Act, or wilfully make any false declaration S^ven- or return under the same, he shall be guilty of a misdemeanor, ing this Act. and shall on conviction thereof be liable to a penalty not ex- ceeding twenty-five pounds nor less than five pounds, in the discretion of the Court before whom the conviction shall be had, and to imprisonment until such penalty be paid ; and such penalty shall belong to the Crown for the public uses of the Province. 16. And be it, <&c. y That the power of appointing any Power of Officer under this Act shall include the power of removing re him and appointing another in his stead ; that any letter pur- what shall porting to be signed by the Secretary of the Province, and ^ appoint- 6 notifying the appointment or removal of any Census Commis- ments, m- sioner, or any letter purporting to be signed by any Census &c. uctJ Commissioner notifying the appointment or removal of any Enumerator, or conveying any instruction to him, or any letter purporting to be signed by the Secretary of the Board of Registration and Statistics conveying any instructions, shall be respectively prima facie evidence of such appointment, removal or instructions, and that such letter was addressed to the person to whom it purports to be addressed. 17. And be it, &c.. That each of the said Census Com- Allowance^ missioners shall receive an allowance for his services, not exceeding the rate of twelve shillings and sixpence per diern for the time during which he shall be actually occupied in his official duties ; and that each of the said Enumerators shall receive an allowance not exceeding the following rates, viz. : At the rate of ten shillings for every hundred persons by And to Enu- him returned when such persons reside in the country parts ; merators> but with power to the said Board of Registration and Statis- tics to increase the said rate to a sum not exceeding fifteen shillings for every hundred persons returned, in cases where, from the dispersed situation of the houses, they shall be of opinion that such additional allowance ought to be made; and to a sum not exceeding twenty shillings for every fifty persons returned, in cases where the population shall not exceed three hundred persons in an area often miles square, proportioning such allowance as far as possible to the labor required of the Enumerator; and when such persons reside in any city or incorporated town, then at the rate aforesaid for the first three Census Offi- cers; 444 THE MUNICIPAL MANUAL. Proviso. how paid. thousand persons returned by him, and at the rate of ten shil- lings for every three hundred persons returned by him over three thousand ; and the said allowance having been fixed by the said Board, shall be paid to the persons entitled thereto, in such manner as the Governor in Council shall direct : Pro- vided that such allowance shall not in any case be payable until the services hereby required of the person receiving it Allowances, shall have been faithfully and fully performed : And the said allowance and all expenses to be incurred by the said Board in carrying this Act into effect, shall be paid out of the Con- solidated Revenue Fund of this Province. Report to be 18. And be it, d*c., That a full Report of all things done Parliament un( ^ er ta ^ s Act, an ^ an Account of all moneys expended under the authority thereof, shall be laid before the Provincial Par- liament within the first fifteen days of the then next Session thereof. 19. And be it, &c., That the word " House" in this Act shall include all vessels and other dwellings or places of abode of any kind. 3O. And be it, &c., That if at any time it shall appear to the Governor in Council that, from any cause, the Census cannot be taken in any county in the month of January when it Bought to be taken in pursuance of this Act, it shall be lawful for his Excellency in Council, by Proclamation to be published in the Canada Gazette, to declare and ordain that the Census shall be taken in such county in some other month, being the nearest to the month in which it ought to be taken as aforesaid that circumstances and the nature of the case will admit, and thereupon, the Census may and shall be taken in such county accordingly in the same way and with the same effect as if taken in the month in which, without such Pro- clamation, it would be taken under this Act. Interpreta- tion. The Gover- nor may alter the month by proclamation Municipal stock. 14 & 15 VIC. CAP. 51. An Act to consolidate and regulate the General Clauses relating to Railways. [30th August, 1851.] MUNICIPALITIES. 18. And be it, &c., That- 1. Municipal Corporations in this Province may subscribe for an J number of shares in the Capital Stock of, or lend to or guarantee the payment of any sum of money borrowed by the THE MUNICIPAL MANUAL. 445 Company from any Corporation or person, or indorse or guaran- tee the payment of any Debenture to be issued by the Com- pany for the money by them borrowed, and shall have power to assess and levy from time to time upon the whole rateable property of the Municipality a sufficient sum for them to dis- charge the debt or engagement so contracted, and for the like purpose to issue Debentures payable at such times and for such sum respectively, not less than Five Pounds currency, and bearing or not bearing interest, as such Municipal Corporation may think meet. 2. Any such Debenture issued, indorsed or guaranteed, Debentures shall be valid, and binding upon such Municipal Corporation, thSntobe if signed or indorsed, and countersigned by such officer or binding. person, and in such manner and form as shall be directed by any By-law of such Corporation, and the Corporation Seal thereto shall not be necessary, nor the observance of any other form with regard to the Debentures than such as shall be directed in such By-law as aforesaid. 3. No Municipal Corporation shall subscribe for Stock or They cannot incur any debt or liability under this Act or the Special Act, unless and until a By-law to that effect shall have been duly By-laws are made, and adopted with the consent first had of a majority of that purpose. the qualified electors of the Municipality, to be ascertained in such manner as shall be determined by the said By-law, after public advertisement thereof containing a copy of such proposed By-law, inserted at least four times in each newspaper printed within the limits of the Municipality, or if none be printed therein, then in some one or more newspaper printed in the near- est city or town thereto and circulated therein, and also put up in at least four of the most public places in each Municipality. 4. The Mayor, Warden or Reeve, being the head of such Mayor, &c., Municipal Corporation, subscribing for and holding Stock in ' the Company, to the amount of Five Thousand Pounds, or upwards, shall be and continue to be ex officio one of the Directors of the Company, in addition to the number of Di- rectors authorized by the Special Act, and shall have the same rights, powers and duties as any of the Directors of the Company. 14 & 15 VIC. CAP. 57. An Act to remove doubt as to Municipal Corporate Bodies acquiring Public Works without the limits of such Munici- [30th August, 1851.] WHEREAS in and by an Act passed in the twelfth year of Preamble. 446 THE MUNICIPAL MANUAL* 12 Vic. c. 5, Her Majesty's Reign, intituled, An Act for the letter manage* ted. ment of the Public Delt, Accounts, Revenue, and Property, it is provided, That it shall be lawful for the Governor in Council to enter into arrangements with any of the Municipal or Dis- trict Councils, or other local Corporations or authorities, for the transfer to them of any of the Public Roads, Harbours, Bridges, or Public Buildings, which it may be found more convenient to place under the management of such District or Municipal Council, or other local authority ; And whereas it is doubtful whether, under the provisions of the said Act, any pa? Act n i858 DM** or Municipal Council, or local Corporation or authority, ' could acquire any such Public Roads, Harbours, Bridges or Public Buildings situate beyond and without the limits of such District or Municipal Council, or other local Corporation or authority ; And whereas it is expedient to remove such doubt : Corporations Be it, &c., That it shall and may be lawful to and for any t^acqulre Municipal Corporation, or other local corporate body or autho- &c bl ro nd S ' rity, to contract for, purchase, acquire and hold any such iimitst y0r Public Roads, Harbours, Bridges or Public Buildings, which, in and by the said recited Act, could lawfully be disposed of, whether the same be situate within the limits of such Municipal Corporation, or other corporate body or authority, or otherwise ; anything in the said recited Act to the contrary notwithstanding. 14 & 15 VIC. CAP. 73. An Act to make provision for the construction of a Main Trunk Line of Railway throughout the whole length of this Province. [30th August, 1851.] if such guar- 0. And ~be it, &c., That if the Funds necessary for making beo^tatned, the Main Trunk Line of Railway mentioned in the next pre- ma *S made ce< ^ n o section, shall not be raised by loan under the authority at joint ex- and guarantee of the Parliament of the United Kingdom, or ?rovincland advanced as a loan to this Province, under the said authority, any Munici- then the said Main Trunk of Railroad, or so much thereof as Son Serein, shall not be made by funds so raised or advanced as aforesaid, may be made with funds of which one half shall be raised on the credit of the Consolidated Revenue Fund of this Province, provided the other half shall have been subscribed for by Mu- nicipal Corporations of this Province. SJTo?the 6. And be it, &c., That if the -Governor in Council shall coBt^payabiej determine that it is expedient that the whole or any part of Corporations the said Main Trunk Line of Railway shall be made with maybe funds to be raised in the manner mentioned in the next pre- raised. THE MUNICIPAL MANUAL. ceding section, the Governor shall, by proclamation, declare the total amount required for such purpose, and the sum to be raised by subscriptions of Municipal Corporations under this Act ; and it shall then be lawful for any Municipal Corporation in this Province to subscribe for such amount of the sum last mentioned as it may think proper, by a By-law declaring such subscription and the amount thereof, which declaration shall suffice, and it shall not be necessary by such By-law to impose any rate, or to make any provision or enactment other than such declaration as aforesaid, which shall be sufficient to en- able the proper officers to assess and levy, from time to time, such rate as may be necessary to produce a clear sum equal to that payable to the Receiver General under the said By-law and this Act, and Ten per cent, over, to make up any deficiency, which Ten per cent., or so much thereof as may not be re- quired to make up any deficiency, shall remain in the hands of the proper officer of the Corporation, and go in deduction of the next sum to be assessed and levied under such By-law, or, if not required for that purpose, then for the general uses of the Corporation ; and any sum payable to the Receiver Gene- ral under any such By-law and this Act, shall be a debt due from the Municipal Corporation so in defanlt to the Crown, and the Warrant of the Receiver General, countersigned by the Inspecter General, directed to the Sheriff of the proper District, County, or United Counties, certifying that any such sum is so payable and remains unpaid, and commanding him to levy the same, shall be sufficient authority to the said Sheriff to levy such sum, with interest and costs, and to pay over guch sum when levied to the Receiver General, in like manner as he might do under a Writ of Execution for such sum issuing out of any Court in which judgment might have been obtained for the same in favor of the Crown ; and no such By-law shall be repealable except with the express consent of the Governor in Council; and if more money be subscribed for than is re- quired to be raised by subscription of Municipal Corporations as aforesaid, then the sum subscribed for by each shall be ipso facto proportionately reduced, and such reduction shall be no- tified to the Municipal Corporations concerned, in such way as the Governor may direct : Provided always, that no Munici- Proviso, pal Corporation shall subscribe for stock, or incur any debt or liability under this Act, unless and until a By-law to that ef- fect shall have been duly made and adopted, with the consent first had of a majority of the qualified electors of the Munici- pality, to be ascertained in such manner as shall be determined by the said By-law, after public advertisement thereof contain- ing a copy of such proposed By-law inserted at least four times 448 THE MUNICIPAL MANUAL. in each Newspaper printed within the limits of the Municipal- ity, or, if none be printed therein, then in some one or more Newspaper printed in the nearest City or Town thereto and circulated therein. Municipal ^ And be it, &c., That the sums subscribed for as afore- Subscription said shall form a Fund to be called The Railway Municipal tiSed. C01 bl ~ Subscription Fund ; and so soon as the sum required shall have . been subscribed for as aforesaid, it shall be lawful for the Gov- Authonty to ., ., ~ . .' ... raise haii the ernor m Council from tune to time to authorize the issuing or edit y o? n Debentures to an amount not exceeding in the whole that so Consolidated subscribed for, in such form, for such separate sums, and at Fund; Ue such rate of interest not exceeding six per centum per annum, and to make the principal and interest payable at such periods and at such places as to him shall seem most expedient, the said principal and interest being hereby made chargeable upon the Consolidated Revenue Fund of this Province, but after the principal and interest of any sum to be raised under this Act, or any act of the present Session, by advance from the Govern- ment of the United Kingdom or with the guarantee of the said And the Government : And it shall also be lawful for the Governor in thafof the" 1 Council from time to time to authorize the issuing of Deben- Municipai tures to an amount not exceeding in the whole that so sub- FuncL np 10n scribed for as aforesaid, (and not exceeding at any time that for which Debentures shall then be issued under this section on the credit of the Consolidated Revenve Fund) in such form, for such separate sums, and at the lowest rate of interest not exceeding seven per centum per annum, at which they can be negotiated at par, and to make the principal payable at any period, not being less than twenty years from the date of such Debentures respectively, and the interest, at such periods as he may think proper, and to make the principal and interest payable at such places as he may deem most expedient, such principal being chargeable not upon the said Consolidated Revenue Fund, but solely upon the Railway Municipal Sub- scription Fund aforesaid and the Sinking Fund hereinafter mentioned. 14 & 15 VJC. CAP. 77. An Act to authorize the employment of Military Pensioners and others as a Local Police Force. [30th August, 185L] Preamble. WHEREAS it is expedient that there should be in differen- parts of this Province, an organized Police Force which may, when occasion requires, be called upon to assist in the present MUNICIPAL MANUAL. 449 vation of the Peace : Be it, &c., That any of the Military or Local Police Naval Pensioners who, under the Acts of the Parliament of enrolled.^ the United Kingdom in force in that behalf, shall be enrolled as a local force for the preservation of the Peace in any part of this Province, and who shall volunteer to serve also as members of a Local Police Force, or any other person volun- teering to serve as aforesaid, and found duly qualified for such service, may be enrolled to be so employed when required, under such regulations, superintendence and control as the Governor in Council shall think proper : Provided the number Proviso, of men so enrolled at any one time shall not exceed five hundred. 2. And be it, &c., That the Pensioners and others so Members of enrolled as aforesaid, shall be and are hereby declared to be Jjjj J^ e respectively Constables and Peace Officers for any locality in constables? which they shall for the time being be employed, and shall &c> have all the powers and authority, and perform all the duties of such office, except in so far as it may be herein otherwise provided, and may be sworn as such by any Magistrate for the place where they are respectively enrolled. 3. And ~be it, &c., That the said Pensioners or other per- Allowance to sons, when actually employed as Constables and members of members of i -r i- -n f ' t'j T- n i. A -ii i j. , Local Police such Police 1 orce as aforesaid, shall be entitled to receive, out Force when of Provincial or Local Funds, the same pay and advantages as on duty> &c< are allowed to the said Pensioners by Her Majesty's Regulations in that behalf, when called out as Military Pensioners to act in aid of the Civil Power ; but no such person enrolled under this Act shall be liable to be called upon to act as a Constable or member of such Police Force for less than four days at any one time, except by his own consent; and no such Military or Naval Pensioners as aforesaid shall be liable to serve as a member of the said Police Force at any time when his services shall be required in any other capacity by the Imperial or Military Authorities. 4L And be it, &c., That the Pensioners and other persons Members of enrolled as members of such Police Force as aforesaid, shall, Force Police while so enrolled, be exempt from serving as Constables (ex- exempted cept when acting as members of the said Police Force,) or as Jurors, or in any Municipal Office, or in the Militia, and also from Statute Labour or any capitation tax in lieu thereof, and from arrest for debt for any sum under Thirty Pounds ; and any such Pensioners, while so enrolled, shall be exempt from taxes on any property of which the occupation may be allowed them by the Imperial or Military Authorities, and of which the title shall remain in the Crown ; but they shall have no E2 450 THE MUNICIPAL MANUAL. Superinten- a Tustice y of e the Peace, Free grants Lands to Force. right to vote at any election, whether Municipal or for a ber of the Provincial Parliament, upon any such property. 5. And be it, &c., That it shall be lawful for the Governor, if he shall deem it expedient, to appoint the Superintendent or Chief of the Police Force in any locality, to be a Justice of the Peace for such portion of this Province as the Governor shall think fit, and any such Superintendent or Chief of the Police Force may act as such Justice of the Peace, although he may not have the qualification in property required in Jus- tices of the Peace generally. O, And be it, &c,, That a free grant of fifty acres of the public lands shall, on condition of actual settlement thereon in the manner and within the time usual in cases of free grants, be made to each such Pensioner or other person who shall have been enrolled in such Police Force during five years, and shall after such service receive a certificate of good conduct, and of his having faithfully performed his duty as a member of such Police Force whenever called upon to act as such, from his Commanding Officer or the Superintendent or Chief of such Police Force under whom he shall have served, and countersigned by the Provincial Secretary ; such grant to avail to the children or legal representatives of any such Pensioner or person who may die before receiving the Letters Patent therefor, on condition of their performing or completing the duties of actual settlement to which such Pensioner or person was bound : And anything in the Act passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act for the disposal of Public Lands, to the contrary notwithstanding. T. And be it, &c., That the Officer in command of the enrolled Pensioners in Canada, shall be ex officio a Justice of the Peace for every part of this Province, and that the Staff Officers of Pensioners shall be respectively Justices of the Peace for the locality in which they may be appointed to com- mand the said Pensioners, and in any adjoining locality; and that each of the said Officers, and such of the said Pensioners as shall volunteer as aforesaid, shall be held to be Officers and Sol- diers of Her Majesty's Army on actual service, and entitled to all the privileges and exemptions to which such Officers and Sol- diers, when on actual service or on full pay, are by law entitled : Provided alw ays, that no such Officer as aforesaid shall have any power to act as a Justice of the Peace when called out or certaincases. ac ti n g w jth any such Pensioners in aid of the Civil Power. Who shall be 8. And whereas, under the Imperial Acts aforesaid, the 4 & 5 Vic. c, 100. Officers in to be Justices. Proviso : THE MUNICIPAL MANUAL. 451 Governor of this Province is empowered to issue his Warrant deemed the to the Mayor or other Chief Magistrate of any Town or District Magistrate" wherein such Pensioners as aforesaid may be enrolled, autho- ^ certain rizing him in certain cases where the public peace may be endangered to call out the whole or such part of the enrolled Pensioners aforesaid, as he may consider necessary, in aid of the Civil Power : Be it, &c., That the Mayor of every City or incorporated Town in Upper or Lower Canada, the Warden of every.County or Union of Counties in Upper Canada, and such Justice of the Peace as the Governor may from time to time designate in every County in Lower Canada, shall be held to be the Chief Magistrate of such City, Town, County or Union of Counties for the purposes of the said Imperial Acts. 9. And be it, &c., That this Act shall continue in force Duration of for Jive years from the passing thereof, and from thence to the Act * end of the next ensuing Session of Parliament. 14 & 15 VIC. CAP. 83. An Act to authorize the confinement of Lunatics in cases where their being at large may be dangerous to the public. [30th August, 1851.] WHEREAS it is expedient that provision should be made Preamble- for the confinement and maintenance of Lunatics and other persons of unsound mind, charged with or convicted of of- fences ; or whom, from the character of their malady, it may be dangerous to permit to go abroad : Be it, &c., That in all j urya cq u it- cases where it shall be given in evidence upon the trial of any ting prisoner person charged with any offence, whether the same be treason, felony or misdemeanor, that such person was insane at the time of the commission of such offence, and such person shall be acquitted, the Jury shall be required to find specially whe- ther such person was insane at the time of the commission of such offence, and to declare whether such person was acquitted by them on account of such insanity: and if they shall find Court in that , t . -i . . .-1 . n .... -i case to order that such person was insane at the time of committing such SUC h insane offence, the Court before whom such trial shall be had, shall Kejun order such person to be kept in strict custody in such places custody and in such manner as to the Court shall seem fit, until Her S5jest?s r Majesty's pleasure shall be known ; and it shall thereupon be pleasure lawful for the Governor of this Province to give such order known 6 ; for his safe custody of such person during Her Majesty's AndGover- pleasure, in such place and in such manner as to such Gover- Border for* nor shall seem fit ; and in all cases where any person before the the safc cus " 452 THE MUNICIPAL MANUAL. person. Similar pro- visions with respect to persons indicted for any offence, and found to be insane by a jury, to be impannelled for the pur- pose of their arraignment. tody pf auch passing of this Act has been acquitted of any such offence on the ground of insanity at the time of the commission thereof, and has been detained in custody as a dangerous person by order of the Court before whom such person has been tried, and still remains in custody, it shall be lawful for the Gover- nor of this Province to give the like order for the safe custody of such person during the pleasure of her Majesty as such Governor is hereby enabled to give in the cases of persons who shall hereafter be acquitted on the ground of insanity. 55. And be it, c&c., That if any person indicted for any offence shall be insane, and shall upon arraignment be found so to be by a ju ry lawfully empannelled for that purpose, so that such person cannot be tried upon such indictment, or if, upon the trial of any person so indicted, such person shall appear to the jury charged with such indictment to be insane, it shall be lawful for the Court before whom any such person shall be brought to be arraigned or tried as aforesaid, to direct such finding to be recorded, and thereupon to order such per- son to be kept in strict custody until Her Majesty's pleasure shall be known ; and if any person charged with any offence shall be brought before any Court to be discharged for want of prosecution, and such person shall appear to be insane, it shall be lawful for such Court to order a jury to be empanelled to try the sanity of such person ; and if the jury so empannelled shall find such person to be insane, it shall be lawful for such Court to order such person to be kept in strict custody in such place and in such manner as to such Court shall seem fit, until Her Majesty's pleasure shall be known ; and in all cases of insanity so found, it shall be lawful for the Governor of this Province to give such order for the safe custody of such person so found to be insane, during her Majesty's pleasure, in such place and in such manner as to him shall seem fit. 0. And whereas there are sometimes persons who, by lu- nacy or otherwise, are furiously mad, or so disordered in their senses as to endanger their own persons or property, or the person or property of others, if permitted to go at large ; Be it, &c., That it shall and may be lawful for any two or more Justices of the Peace, residing in the City, Town, Village, Township, Parish or place where such lunatic or mad person shall be found, of whom the Chairman of the Quarter Sessions for the County if in Upper Canada, or a Circuit Judge if in Lower Canada, shall be one, by Warrant under their Hands and Seals directed to the Constables of any such City, Town Village, Township, Parish or place, or some of them, to cause such person to be apprehended and kept safely locked up in Dangerous lunatics to be confined by warrant of Justices; THE MUNICIPAL MANUAL. 453 some secure place within the District or County where such City, Town, Village, Township, Parish or place shall lie, as such Justices shall under their Hands and Seals direct and appoint ; if the last legal settlement of such person shall be in any Parish, And if neces- Town or place within such District or County, and if such IJeofet- settlement shall not be there, then such person shall be sent Cement, &c. to the place of his or her last legal settlement, and shall be locked up by Warrant of two Justices of the District or Coun- ty to which such person is so sent, of whom the Chairman of the Quarter Sessions for such last mentioned County if in Up- per Canada, or a Circuit Judge if in Lower Canada, shall be one, in manner aforesaid ; and the reasonable charges of re- Goods and moving, and of keeping, maintaining and curing of such per- son during such restraint, (which shall be for and during such time only as such lunacy or madness shall continue) shall be satisfied and paid (such charges being proved upon oath) , by charges of order of two or more Justices of the Peace, directing the mSnteia^ Treasurer of the Municipal Corporation of the City, Town, Village, Township, Parish or place where any goods, chattels, lands or tenements of such person shall be, to seize and sell so much of the goods and chattels, or receive so much of the annual rents of the lands and tenements as is necessary to pay the same, and to account for what is so seized, sold or received, to the next Quarter Sessions ; but if such person hath otherwise at not an estate to pay and satisfy the same, over and above what JJe Mun?ci- f shall be sufficient to maintain his or her family, then such paiityofhis charges shall be satisfied and paid by the City, Town, Village, foment. 86 Township, Parish or place to which such person belongs, by order of two Justices, directed to the Treasurer of the Muni- cipal Corporation thereof for that purpose. G. Provided always, and be it, &c., that the next pre- Proyiso. ceding section of this Act, or anything therein contained, shall not extend or be construed to extend to restrain or abridge the prerogative of the Queen, or the power or authority of the Court of Chancery in Upper Canada, or the Superior and Cir- cuit Courts in Lower Canada, or of any Master or Judge thereof, or of any Committee or Curator appointed by or un- der the authority of the same, touching or concerning such last mentioned lunatics, or to restrain or prevent any such Committee or Curator, or any friend or relation of such last mentioned lunatics, from taking them under their own care and protectioa ; anything in the said section of this Act con- tained to the contrary notwithstanding. 7. And whereas it is expedient that provision should be when insane made for the due maintenance and care of persons directed to 454 THE MUNICIPAL MANUAL. tody under be kept in custody under the first and second sections of this . tions, Justi- in all cases where any person shall, by virtue of the said first oftheir se an( i second sections of this Act, be kept in such custody as a make orde? ^ unat i c or insane person by order of any Court, or by order of for their the Governor of this Province subsequent thereto, it shall and maintenance may be i aw f u } f or anv two j us ti ces of the Peace of the District or County where such person shall be so kept in custody, of whom the Chairman of the Quarter Sessions for the County, if in Upper Canada, or a Judge of the Circuit Court, if in Lower Canada, shall be one, to inquire into and ascertain by the best legal evidence that can be procured, under the circumstances of personal legal disability of such lunatic, the place of the last legal settlement, and the circumstances of such person j and if it shall not appear that he or or she is possessed of sufficient property which can be applied to his or her maintenance, to make an order upon such City, Town, Village, Township, Parish or place where they shall adjudge him or her to be legally settled, to pay such weekly sum for his or her maintenance in such place of custody as such Court or the Governor of this Province shall appoint, as shall from time to time be fixed upon and directed in writing, by the Governor of this Province, through the Provincial Secre- tary ] and that where such place of settlement cannot be as- certained, such allowance shall be paid by the Treasurer of the Municipal Corporation of the City, Town, Village, Town- ship, Parish or place where such person shall have been ap- prehended ; but if it shall appear that such person is possessed of such sufficient property as aforesaid, then such Justices shall order and direct the same to be applied to pay and sa- tisfy the expense of the maintenance of such person, in the manner directed, in the case of lunatics and mad persons, by Proviso. h e fifth section of this Act : Provided always, that the Mu- nicipal Corporation of the City, Town, Village, Township, Parish or place in which the said Justices shall adjudge any lunatic to be legally settled, may appeal against such order to the General Quarter Sessions of the Peace, to be holden for the District or County where such order shall be made, in like manner and under like restrictions and regulations as against any other judgment, order or decision of a Justice or Justices, giving reasonable notice thereof to the Clerk of the Peace of such District or County, who shall be respondent in such appeal, which said appeal the Justices of the Peace, as- sembled at the said General Quarter Sessions, are hereby au- thorized and empowered to hear and determine, in the same manner as other appeals to Courts of Quarter Sessions are now THE MUNICIPAL MANUAL. 455 heard and determined in Upper or in Lower Canada respec- tively. 8. And be it, &c,, That every person of full age who, Settlement, after the passing of this Act, shall be a resident and inhabitant how^ahfed. of any City, Town, Village, Township, Parish or place for one year, and the members of his family who shall not have gained a separate settlement, shall, for the purposes of this Act, be deemed settled in such City, Town, Village, Township or place ; and that a minor may be emancipated from his or her father, and may gain a settlement in one or more of the fol- lowing ways, viz. : First, If a female, by being married, and living for one year with her husband, in which case the hus- band's settlement shall determine that of the wife. Second, If a male, by being married, and residing for one year separately from the family of his father. Third, by being bound as an apprentice, and serving one year as such under indentures of apprenticeship. Fourth, By being hired and actually serving for one year for wages to be paid to such minor ; and that a woman of full age, by marrying, shall acquire the settlement of her husband, if he have any ; and until a person shall have gained a settlement in his own right, his settlement shall be deemed that of his father or mother ; but no child born in any Hospital, Lunatic or other Asylum, Gaol or House of Correc- tion, or other like place of reception or involuntary residence, and no child born while its mother is restrained of her liberty in virtue of this Act, shall gain any settlement, merely by reason of the place of such birth ; nor shall any residence of any person in any such place as aforesaid of reception or in- voluntary residence, operate to give such lunatic a settlement in the City, Town, Village, Township, Parish or place where such actual residence may be had. s. 14 & 15 VIC. CAP. 111. An Act to define and restore certain Rights to parties therein mentioned. [30th August, 1851.] WHEREAS it is desirable to remove doubts which have arisen Preamble, in regard to certain provisions of the nineteenth section of an Act passed by the Parliament of this Province, in the session thereof held in the thirteenth and fourteenth years of Her i3&i4Vic. Majesty's reign, intituled, An Act for the better establishment c. 48, died. and maintenance of Common Schools in Upper Canada; and whereas it is inexpedient to deprive any of the parties concerned of rights which they have enjoyed under preceding 456 THE MUNICIPAL MANUAL. Each party School Acts for Upper Canada: Be it, &c., That each of the ehan iJfen- P ar ^ es a PP\J^ n g according to the provisions of the said Act titled to have shall be entitled to have a separate School in each Ward, or in two or more Wards united, as said party or parties shall judge expedient, in each city or town in Upper Canada : Provided always, that each such School in its establishment and opera- tions shall be subject to all the conditions and obligations, and entitled to all the advantages, imposed and conferred upon separate Schools by the said nineteenth section of the said Act. Proviso. Acts of Canada, 7 Vic. c. 36, 11 & 11 Vic. c. 20, ex- plained and amended. 14 & 15 VIC. CAP. 123. An Act to explain and amend the Acts for preventing obstruc- tions in Rivers and Rivulets in Upper Canada. [30th August, 1851.] Be it, cfrc., That for and notwithstanding anything to the contrary contained in the Act of the Parliament of this Pro- vince, passed in the Session thereof, held in the seventh year of Her Majesty's Reign, chaptered thirty-six, intituled, An Act to prevent obstructions in Rivulets in Upper Canada, or in the Act of the Parliament of this Province, passed in the Session thereof, held in the tenth and eleventh years of Her Majesty's Reign, chaptered twenty, and intituled, An Act to amend, explain and continue an Act passed in the seventh year of the reign of Her Majesty, intituled, 'An Act to pre- vent obstructions in Rivers and Rivulets in Upper Canada,' the said Acts shall not, nor shall either of them, or any part thereof, extend to the River Saint Lawrence, nor to the River Ottawa, nor to any River or Rivulet where Salmon or Pickerel or Black Bass or Perch do not abound. 16 VIC. CAP. 5. An Act to authorize the City of Toronto to negotiate a Loan of One Hundred Thousand Pounds to consolidate a part of the City Debt. [7th October, 1852.] WHEREAS the City of Toronto have petitioned to be autho- rized by law to borrow on the debentures of the said city, a sum not exceeding one hundred thousand pounds, for certain purposes and under certain restrictions in the said petition set ^ ortQ > an ^ ^ * s expedient that the prayer of the said petition Toronto may should be granted : Be it, &c., That it shall and may be lawful Soo,ooo. to aa( * f r tne City f Toronto, to raise by way of loan upon Preamble. TheCit of THE MUNICIPAL MANUAL. 45 T the credit of the debentures hereinafter mentioned, from any person or persons, body or bodies corporate, either in this Province, in Great Britain, or elsewhere, who may be willing to lend the same, a sum of money not exceeding the sum of one hundred thousand pounds of lawful money of Canada. $&. And be it, &c., That it shall and may be lawful for the Mayor of the said City of Toronto for the time being, to P cause to be issued debentures of the said City of Toronto, under the corporation seal of the said city, signed by the Mayor and countersigned by the Chamberlain of the said city for the time being, in such sums not exceeding in the whole the said sum of one hundred thousand pounds, as the Common Council shall direct and appoint, and that the principal sum secured by the said debentures and the interest accruing thereon, shall be made payable either in this Province, in Great Britain, or elsewhere, as the said Common Council shall deem expedient or necessary. 3. And be it, &c., That the sum of fifty thousand pounds, 50,000 to b part of the said loan so to be raised as aforesaid, shall be tferedemp. applied by the said City of Toronto in the payment of the tionofeer- promissory notes of the said city now current in this Province, oftS* and in the redemption of such of the debentures of the said **& city City of Toronto as were issued prior to the passing of the Act passed in the twelfth year of her Majesty's reign, and inti- tuled, An Act to provide by one General Law for the erection of Municipal Corporations and the establishment of Regula- tions of Police in and for the several Counties, Cities, Towns, Townships and Villages in Upper Canada, and may fall due within the ten years next after the passing of this Act. 4. And be it, &c., That the funds derived from the nego- The said tiation of the said debentures so to be appropriated as afore- d^sfted gaid, shall, when received, be deposited by the Chamberlain in the Bank of the said city for the time being, in t,he Bank of Upper caSaa^and Canada, at Toronto, and only be withdrawn therefrom as they may from time to time be required for the payment and re- demption of the said promissory notes and debentures in the next preceding section of this Act mentioned. 5. And be it, &c., That the sum of fifty thousand pounds, 50,pootobe the remainder of the said loan so to be raised as aforesaid, fJe^me shall be applied in payment of ten thousand shares of the ofsto3 mel capital stock of " The Ontario, Simcoe and Huron Railroad Union Company/' lately purchased by the said City of Toronto, road - under resolution of the Common Council passed on the twenty- ninth day of July, one thousand eight hundred and fifty-two^ 458 THE MUNICIPAL MANUAL. in manner herein provided ; and it shall be the duty of the Chamberlain of the said city for the time being, (and he is hereby authorized and empowered so to do,) forthwith, with the consent of the holders thereof, to call in such debentures of the said City of Toronto as may have heretofore been issued under any By-law of the Common Council of the said city, and taken in payment of such stock, and to substitute therefor so much of the funds received on account of the debentures to be issued under this Act as may be necessary for that purpose. A certain! @ ^ n( j i e ft & c That for and notwithstanding anv pro- By-law of the . . , . . n -t\ i' Common vision, clause, matter or thing contained in any Act ot Jrarlia- Toronto may ment f this Province to the contrary, it shall and may be i>e repealed, lawful for the Common Council of the said City of Toronto, after having called in the debentures described in the next preceding section, to repeal the By-law of the said Council, passed on the twenty-eighth day of June, one thousand eight hundred, and fifty-two, authorizing the levy of a special rate for the purpose of paying and satisfying certain debentures issued or to be issued in aid of the said Ontario, Simcoe and Huron Union Railroad, or payment of the said stock, and that for the payment, satisfaction and discharge of the debentures A special to be issued by virtue of this Act, it shall and may be lawful raking" 1 f r the Common Council of the said City of Toronto, in a by- Fund may be Jaw to be passed authorizing the said loan of one hundred BySw. 7 thousand pounds, and the issuing of the debentures therefor, to impose a special rate per annum over and above, and in addition to all other rates to be levied in each year, which shall be sufficient to form a Sinking Fund of two per cent, per annum for that purpose. HOW sums 7. And be it, ds ? provided by this Act, or in any debentures issued by the thereon Government of Canada, or in such other securities as the applied. Governor of this Province shall, by order in Council direct or appoint, and apply all such dividends or interest on the said Sinking Fund to the extinction of the debt created by this Act. epeai- 8. And be it, &c., That any By-law to be passed under ed until debt the sixth section of this Act shall not be repealed until the 1)6 paid ' debt created by this Act and interest thereon shall be paid and g!j e g 22 2 J 8 ic ' c< satisfied, and that the one hundred and seventy -eighth section THE MUNICIPAL MANUAL. 459 of the Municipal Corporations Act of Upper Canada shall extend to any by-law passed under this Act. shaii extend to any by-law _ passed under this Act. 16 VIC. CAP. 21. An Act to supply an omission in Schedule B. to the Upper Canada Municipal Corporations Law Amendment Act of 1850. [10th November, 1852.] WHEREAS in the Upper Canada Municipal Corporations Preamble. Law Amendment Act of 1850, an error was accidentally com- mitted in leaving out of Schedule B. the division of the Town of Picton into Wards : Be it, &c., That Schedule B. annexed Schedule B to the Act first above cited, be amended, by inserting, imme- SiSon^oV diately after the description of the boundaries of the Town of i j ictonmto Picton, the following words : u The said Town to be divided into three Wards to be called respectively, Hallowell Ward, Brock Ward, and Tccumseth Ward, and to comprise respectively the following portions of the said Town, that is to say : " The said Hallowell Ward to comprise all that part of the Town which lies West of Bowery Street : " The said Brock Ward to comprise all that part of the Town which lies east of Bowery Street and north of the Bay : u And the said Tecumseth Ward to comprise all that part of the Town which lies on the south side of the Bay/' 2J. And be it, &c., That notwithstanding the omission in the said Act of the description of the Division of the said Town of Picton into Wards, every act and thing done by the Mayor Corporation. and Town Council of the said Town shall be as valid as if the above mentioned description of the division of the said Town into Wards had been inserted in the said Schedule B. at the time when the said Act was passed, and the said Act shall be construed and have effect to all intents and purposes as if the said description had been so inserted as aforesaid. 16 VIC.- CAP. 22. An Act to establish a Consolidated Municipal Loan Fund for Upper Canada. [10th November, 1852,] WHEREAS it would greatly facilitate the borrowing, upon p ream ti e advantageous terms, of such sums as may be required by any 460 THE MUNICIPAL MANUAL. County, City, Town, Township, or Village Municipality in Upper Canada, for effecting or aiding in effecting important Works calculated to benefit such County, City, Town, Town- ship or Village that such sums should be raised by Debentures issued upon the credit of a Consolidated Municipal Loan Fund under the management of the Provincial Government, instead of being raised upon the separate credit of each individual Consolidated Municipality; Be it, &c., That there shall be a Consolidated LoanFund Municipal Loan Fund of Upper Canada, to consist of all mo- estabiished. ne y S which under this Act or any other Acl shall be directed to form part of the said Fund ; and such Fund shall be managed by the Receiver General, under the direction of the Governor of this Province in Council, and the books and accounts thereof shall be kept in his office. Municipal*- %. And be it, &c., That it shall be lawful for the Gorpo- r^w money 1 "" ration of any County, City, Incorporated Town, Township or on the credit Village, bv by-law to authorize any sum of money to be raised ofsuchFund *,. , . , ~ T i i AT i T for certain on the credit ot the said Consolidated Municipal Loan l^und, purposes. an( j to appropriate such sum or so much thereof as may be found requisite, to defray the expense of building or improv- ing any gaol or court house for the use of such Municipality, or for acquiring, making, constructing or completing, or assisting in the making, construction or completion of any railroad, canal or harbour, or for the improvement of any navigable river, within or without the Municipality, but the acquisition, making or construction whereof will benefit, the inhabitants of such County, City, Town, Township or Village, and by such by-law to declare the purposes to which the sum so to be raised shall be applied, and to make such other pro- visions as may be requisite for ensuring the due application of such money, and the attainment of the objects contemplated by such by-law ; and that it shall be lawful for the Corpora- tion of any City or County by by-law to authorize any sum of money to be raised on the credit of the Consolidated Muni- cipal Loan Fund, and to appropriate such sum or so much thereof as may be found necessary, to defray the cost of mak- ing or improving any bridge, macadamized, gravel or planked road, within or without the Municipality, but the making or improving whereof will benefit the inhabitants of such County or City, and by such by-law to declare the purposes to which the sum so to be raised shall be applied, and to make such other provisions as may be requisite for ensuring the due application of such money, and the attainment of the objects contemplated by such By-law. How a Muni- 1. By any such By-law it may be provided that the assist- THE MUNICIPAL MANUAL. 461 ance of the Municipality shall be granted towards making, cSpaiity may constructing, or completing any such railroad, bridge, macad- undertaking amized, gravel or planked road, canal or harbour, or towards the improvement of any navigable river, either by subscribing on behalf of the Municipality for stock in any company incor- porated for making, constructing or completing the same, or by loaning money to such company, or to any Board of Com- missioners incorporated for any of the above purposes, in which case the security to be taken from the company or Board of Commissioners, and the other terms of the loan shall be mentioned in the By-law. 2. The By-law shall recite that the loan is to be raised whatpnm- under the provisions of this Act, and shall express the term ^nBt By " for which the loan is required, and which shall not in any case contain, exceed thirty years, nor be less than five years. 3. If the By-law be passed by a County Council, the prin- Further pro- cipal and interest of the loan shall be payable by all the Town- ships, Towns and Villages in the County, and the County law. Treasurer shall in each year apportion the amount to be paid by each, according to the amount of property returned upon the assessment rolls of such Townships, Towns and Villages respectively, for the financial year next preceding that for which the apportionment is to be made. 4. Such By-law, or every material provision thereof, shall TO be pub- be published for the information of the rate-payers, for at least one month before the final passing thereof, in some news- paper published weekly or oftener, within the territorial juris- diction of the Municipality, or if there be no such newspaper published within such jurisdiction, then in some newspaper published in the place nearest to such jurisdiction, and also by posting the same up in at least four public places in the Municipality (and if it be a By-law of a County Council, then in each Municipality in such County), with a notice, signed by the Clerk of the Municipality in the Council of which the By-law originated, signifying that it is a true copy of a By-law which will be taken into consideration by the Council of the Municipality after the expiration of one month from the first publication thereof in such newspaper, (the date of which first publication shall be mentioned in such notice,) and that on some day and at some hour and place, (or if the Meeting be for a County By-law, places,) named in the notice, and which shall have been previously fixed by the said Council, such day not being less than three weeks, nor more than four weeks, after such first publication, a General Meeting of the qualified General Municipal Electors of the Municipality, (or of the several Sector's? J 462 THE MUNICIPAL MANUAL, Municipalities within the County,) will be held for the purpose of considering such By-law, and approving or disapproving the same. Proceedings 5. On the day and at the hour and place (or places) ap- pointed by such notice as aforesaid, the qualified Municipal Electors, or such of them as choose to attend the Meeting, shall take the said By-law into consideration, and shall approve or disapprove the same; and at such Meeting the Mayor or Reeve of the Municipality in which it is held shall preside, or in his absence some other Member of the Council of such Municipality to be chosen by the Meeting, and the Clerk of such Municipality shall act as Secretary; and it shall be the duty of the said Clerk to have with him the Assessment llolls of the Municipality then in force, or certified copies thereof : The only question to be determined at such Meeting, shall be whether the majority of the Municipal Electors present there- at, do or do not approve of the said By-law ; and when the question has been put, the person presiding shall declare whether in his opinion the majority is for the approval or disapproval of the By-law, and his decision if not forthwith appealed from, shall be final, and it shall forthwith be com- municated to the Council of the Municipality which originated the By-law, by a certificate under the hand of the Secretary of the Meeting. A Poll may 6. Any six duly qualified Municipal Electors present at any be demanded guc | 1 ]y[ eet j n g ma y appeal from the decision of the person pre- siding, and demand a Poll, and such Poll shall be granted by the person presiding at the Meeting, and shall be immediately taken by him, the Clerk of the Municipality acting as Poll Clerk : each Elector shall then present himself in turn to the person presiding, and shall give his vote "yea" or " nay" the word " yea" meaning that he approves the proposed By- law, and the word " nay" that he disapproves the same : but no person's vote shall be received unless he appears by the Assessment Rolls to be a duly qualified Municipal Elector. Adjourn- 7. The person presiding may, if necessary, adjourn the Poll meat of Poll. a ^ sunset on the day of meeting, until ten o'clock in the fore- noon of the following day, not being a Sunday or statutory holiday, when the Poll shall be continued as on the first day, but shall be closed at sunset of such second day it shall be closed at any time on the first or second day if one half hour shall elapse without a vote being offered. Close of the 8. At the close of the Poll the person presiding shall count the "yeas" and the "nays," and ascertain and certify for the information of the Council which originated the By- THE MUNICIPAL MANUAL. 46S law, whether the majority is for the approval or the disapproval of the said By-law ; and such certificate shall be countersigned by the Clerk of the Municipality acting as Secretary of the Meeting and kept by him, with the Poll List, among the re- cords of his office, and a duplicate thereof transmitted to the County Clerk if the By-law originated with a County Council. 9. If the By-law to be considered be a By-law of a County B y-iawofa Council, the meeting to consider the same, or the poll of the gj^ electors, shall not be held for the whole County at one place, but such meeting or poll shall be held in each of the several Municipalities of such County respectively ; and the question whether the By-law shall be approved or disapproved, either by the majority of the total number of electors voting "yea" or " nay" in the whole County, or by the majority of votes of Municipalities approving or disapproving of the same, giving to each Municipality one or two votes, according as it is by law authorized to return a Keeve or a Reeve and Deputy Reeve to the County Council of such County, in which case each Municipality shall be held to have voted for the approval of the By-law, if the majority of electors voting at the meeting held therein shall have voted " yea," and to have voted for the disapproval thereof if the majority of such electors shall have voted " nay ;" and each such County Council shall make a By-law to provide which of the two modes of decision shall be adopted, and shall also thereby declare the manner in which the decision of each Municipality, or of the electors thereof, shall be made known to the County Clerk. 10. If such By-law be disapproved by the majority of the if disappror- Electors (or of the Municipalities) as aforesaid, the Council cd; shall not proceed to pass the same, but if it be approved by such majority, and afterwards passed by the Council, then such By-law, and all the provisions thereof shall be subject to the approval of the Governor in Council, and shall have no force until such approval shall have been given ; but shall not if approved; be subject to the special provisions made by the Upper Canada TIT i n I- # T_ i iA T- i i Governor Municipal Corporations Act of one thousand eight hundred General to and forty-nine, or by any Act amending the same, concerning a PP rove - By-laws creating debts, or to any provisions or formalities, ex- cept those prescribed by the said Acts with regard to By-laws generally, and those prescribed by this Act; and every such By-law, when submitted to the Governor in Council for his arproval, shall contain a recital that it has been approved by a majority of the duly qualified Municipal Electors (or of the Municipalities) of (or in) the Municipality, at a meeting (or meetings), called and held in conformity to the requirements 464 THE MUNICIPAL MANUAL. Information to be fur- nished to Governor. Governor in Council may demand further in- formation from Muni- cipality. Receiver General to issue Deben- tures, &c. Where payable and form of. of this Act, and such recital shall for all the purposes of this Act be conclusive proof of the facts therein stated, nor shall any such By-law, or any thing done under it, he invalidated by any error of fact or incorrectness in such recital ; but this provision shall not affect the responsibility of those who may have wilfully concurred in any mis-statement of fact in such recital. 11. Before such By-law shall be approved by the Governor in Council, proof shall be made to his satisfaction, that the By-law was published and notice given as hereinbefore required, and he shall be furnished with a statement certified under oath by the Treasurer of the Municipality, shewing the amount of taxa.ble property therein according to the then last Assessment Roll or Rolls, and a true account of all the debts and liabilities of the Municipality and of its expenditure for every purpose, for the then last year, 3. And be it, &c., That it shall be lawful for the Governor in Council to require from the Municipality by the Council whereof any such By-law shall have been passed, all such documents and information as he may think necessary for ascertaining the expediency or inexpediency of such By-law, or any of the provisions thereof, and the same shall be furnished accordingly by the proper Officers of such Municipality, and no such By-law shall be repealed, amended or altered, other- wise than by another By-law approved in like manner by the Governor in Council, and to which all the provisions of this Act shall apply, as to the original By-law. 1. So soon as the By-law shall have been approved as afore- said, it shall be lawful for the Receiver General to raise by loan, by Debentures issued by him upon the credit of the said Consolidated Municipal Loan Fund, a sum of money not ex- ceeding that authorized by such By-law, and to pay over such sum to the Treasurer of the Municipality, or to deliver to him, or to his order, Debentures secured upon the said Fund to a like amount, or to pay part of such sum in money to the Treasurer, and to deliver to him Debentures for part ; and in any case, he shall enter the amount for which Debentures are issued and delivered, to the debit of the Municipality as so much due by it to the said Fund. 2. The principal and interest of the Debentures so issued may be made payable at any place within or without this Pro- vince in currency or in sterling money or in the currency of the place where they shall be made payable ; and such Deben- tures shall be in such form as the Governor in Council shall direct, subject to the following provisions : THE MUNICIPAL MANUAL. 465 3. They shall express upon their face the Provincial Gov- How worded eminent undertakes to pay the principal sum mentioned in them and the interest thereon, out of the monies forming part of the said Consolidated Municipal loaa fund, and out of no other monies or funds whatsoever : 4. The principal shall be made payable at the time provided TO conform by the by-law, and the debentures shall contain no provisions w inconsistent with the by-law by which the loan is authorized, and they shall contain all such provisions as may be necessary to carry out the intentions of such by-law : 5. The rate of interest upon them shall in no case exceed six Rate of inte- per centum per annum, and such interest shall be made paya- fermTat ble half-yearly on each days in each year as shall be therein ^ ch P a ?- appointed for the purpose j but if any debenture be issued a within the three months next before any such day, then the first interest thereon may be made payable on that one of the half-yearly days which shall come next after the expiration of three months from the date of its issue : 6. They shall be for even sums of money, and no debenture TO be for shall be for a less sum than twenty-five pounds, or the equiva- eA lent thereof. 7. They shall contain such conditions as the Governor shall TO contain from time to time, by order in Council, direct to be inserted Kiiing" M therein, as to the right of the Receiver General to call such them in. debentures or any of them in for payment before the time therein absolutely appointed for the payment of the principal, the manner in which they shall be so called in, and in which it shall be determined which of such debentures shall be so called in at any time, if they be not all called at the same time ; and no interest shall be payable upon any debenture which shall have been called in according to such conditions as afore- said, for any period after the day on which it shall have been required to be presented for payment, which day shall always be one of those on which interest is payable on such debenture and this forfeiture of interest in the case last mentioned shall be expressed on the face of the debenture. 8. It shall not be necessary that any debenture should show Debentures ' upon what by-law or with reference to what Municipality it Jj^,^ was issued, but each debenture shall be distinguished by a number by which it shall be known and referred to. 9. The Governor in Council may direct that any such de- Exchanging bentures may on the application of the holders thereof be ex- Debentures - changed for another or others for the same amount of princi- pal, payable absolutely at the same or any later date, and bear- ing the same or any less rate of interest. F2 466 THE MUNICIPAL MANUAL. Debentures 10. The said debentures shall be held to be debentures Government issued by the Government of this Province through the Re- Debentures, ceiver General thereof, within the meaning of the Act to establish freedom of Banking, or any Act amending the same, and of the Act to exempt the several chartered Banks from the tax on their circulation on certain conditions, and shall be available accordingly for all the purposes of the said Acts or either of them, and any monies which are by law directed to be invested by or under the directions of the Governor in Council, may be invested in such debentures. Advances to 4. And be it, pledge or otherwise dispose of any securities in sold. which any part of the Sinking Fund may have been invested in case it shall be necessary so to do in order to enable him to pay any sum which is hereby made payable out of the said Sinking Fund. Duty of the 6. And be it, &c. } That whenever a By-law authorising and a officers *ke raising of money by loan, under this Act, shall have been of the Muni- passed by the Council of any Municipality, and approved by the Governor in Council, the Treasurer of such Municipality s ^ a ^ *P SO f act ) an ^ without requiring any other authority levying or direction whatever, have full power, and it shall be his meet e pay- du fy> before the making out of the ordinary Collectors' Rolls ments to be in each year, if the By-law shall then be in force, and if not, SJequence C n ~ then at least three months before the earliest day on which thereof. interest can be payable on any Debenture issued under such By-law, to ascertain the highest sum which can be required during the year, to pay the interest (and the principal if any be payable,) on or of Debentures issued or to be issued under such By-law, and to add five per centum thereunto for losses and expenses, and to certify the amount in a notice to the Clerk of the Municipality, or if such Municipality be a County, then to certify to the Clerk of each Township or Incorporated Town or Village therein, the portion payable by the same ; and it shall be the duty of such Clerk to assess the amount so certified equally upon all the taxable property in his Munici- pality, and to set down on the ordinary Collector's Roll for the year, if it shall not have been previously delivered to the Col- lectors, the amount with wich each party or his lot is charge- able, under the head of "Loan Rate for (naming the pur- pose,}" or " County Loan Rate for (naming the purpose,}" as the case may be ; and if such amount shall be so certified to any such Clerk after the time in any year when the Col- lectors' Rolls shall have been delivered to the Collectors, then such Clerk shall forthwith make out a special Collectors' Roll for the purpose in the form prescribed for ordinary Collectors' Rolls, so far as such form may be applicable, and shall deliver Proviso. the same to the Collector : Provided always, that if there be in the hands of the Treasurer at the time of his giving such notice as aforesaid to the Clerk of the Municipality, any THE MUNICIPAL MANUAL. 469 monies applicable to the payment of the principal or interest of the Debentures to which such notice refers, then the Treasurer may deduct such sum from that to which the notice refers before adding the five per cent thereto; And provided Proviso. also, that if the purpose for which the loan is raised be such as if the money to produce profit or to yield returns in money to the Munici- ^^Jted* uality, or if the money be loaned by it so as to produce interest. s to pn> .yi -11 i 11 , ,1 TIT > T, A i / duce returns. or if the capital be reimbursable to the Municipality, then it, shall be lawful for the Treasurer and the Mayor, or Head of such Municipality to enter upon the Books of the Corporation a Certificate signed by them in the form of the Schedule A. setting forth that there ought to be paid to the Municipality during the course of the year, such dividends or profits (de- scribing them) or such interest or sums of money (mentioning the amount} or both (as the case may be), and that the said Treasurer and Mayor have reason to believe and do believe that the sums which will, from the said sources, come into the hands of the Treasurer during the year, will amount to the sum of (naming if) and the Treasurer may then deduct the sum mentioned in such Certificate from that to which the no- tice refers, before adding the five per cent as aforesaid, or if the sum mentioned in the Certificate be as great or greater than that to which the notice would refer, then no notice shall at that time be given to the Clerk or Clerks of the Municipality or Municipalities concerned. 1. If the nett sum raised by any such rate as last aforesaid if any be greater than that required to enable the Treasurer to pay the Receiver General, the surplus shall remain in the hands of the Treasurer and be applicable to payments to be made to the Receiver General for the next ensuing year, on account of the same loan; and if the nett sum raised be insufficient to inhere t>e a enable the Treasurer to pay the required sum to the Receiver deficiency. General, then a new assessment shall be made as hereinafter provided in cases of deficiency. 2. All sums of money coming to the Municipality as the AH profits said profits, dividends or returns from any work for which the J^J^jJJJ loan shall have been authorized, or as interest or principal of the sail any sum lent by the Municipality out of such loan, or otherwise fund ' howsoever by reason of such loan, shall be paid into the hands of the Treasurer and by him carefully kept apart from all other moneys, and paid over from time to time to the Receiver General, to be by him placed to the credit of the Municipality with the said Consolidated Municipal Loan Fund, except in so far as it shall be otherwise especially provided in the By-law authorizing such loan. 470 THE MUNICIPAL MANUAL. Proceeding 3. If it shall happen that the sum which ought under this !nont7in g Act to be paid over at any time by the Treasurer of any Muni- case the cipality to the Receiver General, or any part of such sum, shall shanTo? not be so paid over, and the Treasurer shall not have money in tomaKis his hands a PpHcable to the same, or if it shall happen that the payments to Treasurer shall foresee that he will not have the means of pay- * n g over sucn sum or P art thereof to the Receiver General, at the time when it ought to be so paid over, then in either case it shall be the duty of such Treasurer forthwith to add five per centum to the sum wanting for such purpose, and to certify the same to the Clerk of his Municipality, or if such Municipality be a County, then to certify to the Clerk of each Township or Incorporated Town or Village therein, the amount payable by the same, and it shall be the duty of each Clerk receiving such notice forthwith to make out a Special Collectors' Roll for the amount so certified to* him, and to deliver the same to the Collectors. interest to 4. If any sum payable as aforesaid at any time by any Trea- to?unfc? surer to the Receiver General, be not so paid at such time, paiity in interest shall by the Receiver General be charged on such sum for the time it shall remain unpaid, against the Municipality in account with the said Consolidated Municipal Loan Fund, and deducted from the share of such Municipality in the Sinking Fund. Monies to be 5. The sums entered in any Collector's Roll by any Clerk the le usuai in ^ a Municipality shall be collected and levied, and payment manner. thereof secured and enforced in like manner and under the same provisions as other Municipal taxes, but the nett pro- ceeds thereof shall be applied by the Treasurer solely to the purpose for which they are directed to be raised. Warrant to T. And be it, <#c., That if any'sum of money which ought le^upcm* un( ^ er ^ s Act to ^ e P a ^ kv the Treasurer of any Municipality Municipality to the Receiver General, shall remain unpaid during three more f than months or upwards after it ought to have been so paid, then months u P on ^ Certificate of the Receiver General that such sum is so due and unpaid, and since what day it has been so, it shall be lawful for the Governor to issue his Warrant to the Sheriff of the county reciting the facts, and commanding him forth- with to levy such sum by rate, with interest from the said day and all costs, and to pay over the said sum and costs to the Receiver General, and the said Sheriff shall obey the said Warrant and levy the sums therein mentioned in like manner and within the same delay as he would levy the same if it had been recovered against the Municipality under a judgment o the proper Court of law, and a Writ of Execution had issued THE MUNICIPAL MANUAL. 471 thereupon directed to him and commanding him to levy the same by rate, and shall pay over the nett proceeds to the Re- ceiver General; and the costs allowed to the said Sheriff for executing the said Warrant shall be the same as those to which he would be entitled for executing a Writ of Execution for a ' like sum. 8. And be it, &c., That after any Municipality shall have Furthest borrowed any money under this Act, it shall not be lawful for contracted such Municipality to contract any further debt without the jj^gj^ of consent and approval of the Governor in Council, until all Governor in debts contracted by it under this Act shall be wholly paid off. c 9. And be it, &c., That this Act and all the provisions operation of thereof shall extend and apply to any Loan authorized by any Act - By-law of any Municipality, passed or to be passed before this Act shall come into force, for the purpose of aiding in the construction of any Railway for the making of which any Company is now incorporated, or shall be under any Act passed or to be passed during the present Session whether such assis- tance be given by taking Stock in such Company or by loaning money to it, and also to any Loan authorized by any By-law of any Municipality, passed or to be passed before this Act comes into force, authorizing the raising of any Loan for the purpose of erecting, repairing or improving any County build- ino 1 or buildings : Provided always, that such Loan shall not have been negociated by the Municipality under such By-law. 1Q. And be it, &c., That the word " Treasurer," in this interpreta- Act, shall include the Chamberlain of any City; the word " Mayor " shall include the Warden of any County, and the official title of any Officer shall include any person by whom Extended to his duties may be legally performed ; and that this Act shall Canada by apply only to Municipalities ia Upper Canada. 18 Vic - c - 13 - SCHEDULE A. CERTIFICATE OF TREASURER AND MAYOR, OR HEAD OF A MUNICIPALITY. Municipality of the Township of We certify to all whom it may concern, that out of the Loan, raised under the By-law, No. , intituled, "(Title of By-law,y on the credit of the Consolidated Municipal Loan Fund, there has been invested the sum of in shares of the stock of the By town and Prescott Railroad Company (or as the case may be) ; that this Municipality now holds the said shares ; that there ought to be paid dividends thereon during the present year, and that we have reason to believe 472 THE MUNICIPAL MANUAL. and do believe that there will be paid into the hands of the Treasurer, as and for such dividends, before the thirty-first day of December now next, the sum of , which sum, we think, ought therefore, under the provisions of the Act passed, &c., (title and date of this Act,) to be deducted from the sum which ought otherwise now to be raised on the taxable property in this Municipality in order to enable the Treasurer to meet the payments which he is to make to the Receiver General during the present year, on account of the said Loan. Witness our hands this day of , 18 . Signatures, A. 13., Treasurer. C. D., Mayor. 1G VIC. CAP. 31. An Act to authorize the Governor General to issue a Procla- mation to declare the County of Perth to be separated from the United Counties of Huron Perth and Bruce, and for other purposes therein mentioned. [10th November, 1852.] Section 1 authorizes the Governor General to issue a Pro- clamation separating Perth from Huron and Bruce, which has been done. Section 2 authorizes the Governor General to fix the boun- daries of the Township of Brighton : and Section 3 authorizes the Governor General to divide St. Patrick's Ward in the City of Toronto into two Wards which has been done. 16 VIC. CAP. 32. An Act to authorize the City of Kingston to negotiate a Loan of Seventy-Five Thousand Pounds to consolidate the City Debt, and for other purposes. [10th November, 1852.] Preamble. WHEREAS the City of Kingston have petitioned to be autho- rized by law to borrow on the debentures of the said City, a sum not exceeding seventy-five thousand pounds, for certain purposes and under certain restrictions in the said petition set forth, and it is expedient that the prayer of the said petition snou ^ ke granted : Be it, &c., That it shall and may lawful to and for the Corporation of the City of Kingston, to raise by THE MUNICIPAL MANUAL. 473 Loan upon the credit of the debentures hereinafter mentioned riaed to from any person or persons, body or bodies corporate, either in JjJSJxx) on this Province, in Great Britain, or elsewhere, who may be Debentures, willing to lend the same, a sum of money not exceeding the sum of seventy-five thousand pounds of lawful money of Canada. 2. And lie it, &c., That it shall and maybe lawful for the Form of Mayor of the said City of Kingston for the time being, to Debentures, cause to be issued debentures of the said City, under the Cor- poration seal, signed by the Mayor and counter-signed by the Chamberlain of the said City for the time being, in such sums not exceeding in the whole the said sum of seventy-five thou- sand pounds, as the Common Council shall direct and appoint and that the principal sum secured by the said debentures and the interest accruing thereon, shall be made payable either in this Province, in Great Britain or elsewhere, as the said Common Council shall deem expedient or necessary. 3* And be it, &c. } That so much of the said Loan so to p ar tofthe be raised as aforesaid, as shall be necessary for the purpose, a aid ro riatd shall be applied by the said City of Kingston, in the payment of to^ertain the debt due or to become due on account of the English loan P ur P ses - of twenty thousand pounds, sterling ; the debt due the Com- mercial Bank of the Midland District, amounting to fourteen * thousand pounds, currency, or thereabouts, and all such pro- missory notes, debentures and other debts as are now due and payable, including the sum of two thousand five hundred pounds hereinafter mentioned, and the remainder of the said loan, after paying off all the debts due by the said City, shall be applied in aid of any Railways and macadamized Roads now or hereafter to be constructed, and leading to or from the City of Kingston, and for no other purpose whatever. 4. And be it, &c., That the funds derived from the nego- Moneys tiation of the said debentures so to be appropriated as aforesaid, SJpaStSnn shall, when received, be deposited by the Chamberlain of the Commercial said City for the time being, in the Commercial Bank of the Midland District at Kingston, on such conditions as the said Common Council shall from time to time agree upon, and only to be withdrawn therefrom as they may from time to time be required for the payment and redemption of the said pro- missory notes, debentures and debts in the next preceding section of this Act mentioned. 5. And be it, authorizing the said loan of be repealed seventy-five thousand pounds, or any part thereof, shall not be repealed until the debt created under this Act and the inte- rest thereon shall be paid and satisfied, and that the one hundred and seventy-eight section of the Municipal Corpora- tions Act of Upper Canada shall extend to any By-law passed under this Act. Sinking and man- THE MUNICIPAL MANUAL. 475 16 VIC. CAP. 33. An Act to vest in the Corporation of the City of Hamilton, the " Gore" of King Street, for public purposes. [10th November, 1852.] WHEREAS in the original survey of the City of Hamilton, a Preamble, vacant space of triangular form, and known as "the Gore" of King Street, was left for the purposes of a Public Square : And whereas the Mayor, Aldermen, and Commonalty of the City of Hamilton have, by their Petition, prayed that autho- rity may be given them to erect public buildings on the said land, or otherwise enclose, ornament, or dispose of the same as to them in their discretion may seem meet : And whereas it is expedient to grant the prayer of the said Petition : Be it, <&c. t That it shall and may be lawful for the Mayor, Aldermen corporation and Commonalty of the City of Hamilton and their successors, of Hamilton and they are hereby empowered to erect and build upon the S^ore. 08 * said piece of land (which is bounded on the west by James Street, and on the East by Catherine Street) such public build- ing or buildings as they may think necessary, or to enclose the same for the purposes of a Public Square, and to ornament and improve it for such purposes, or otherwise to use and dis- pose of the said tract of land as the said Mayor, Aldermen, and Commonalty of the City of Hamilton may in their discre- tion think most advisable: Provided always, that nothing in Proviso: this Act contained shall in any manner affect or prejudice any Jf Jj.*^ j claim which Robert J. Hamilton, eldest son and heir-at-law of Hamilton, the late George Hamilton, shall or may have in law or equity to the piece or parcel of land above described; and in the event of the said Robert J. Hamilton advancing any claim for compensation in consequence of this Act or anything to be done thereunder, the amount thereof shall be fixed and deter- mined by arbitrators to be chosen one by the said Corporation, another by the said Robert J. Hamilton, and a third to be named by them, the said arbitrators, before entering into the said reference, and their award or the award of any two of them shall be final : Provided also, that nothing in this Act Further pro- contained, shall be construed as an admission of any claim or Tisa right in the said Robert J. Hamilton in the said tract of land. 16 VIC. CAP. 34. An Act to separate the Township of Romney from the Town- ship of East Tilbury, and to erect the said Townships into independent Corporations. [1Qth November) 1852i] WHEREAS the union of the Townships of East Tilbury and Preamble. 476 THE MUNICIPAL MANUAL. i853 Uary> Rornney is most inconvenient for the inhabitants of Romney, the two Townships being separated by an extensive marsh, Union dis- and no mutual local interest existing between them : Be it, &c., and a^te? 1st That upon, from and after the first day of January, one thou- sanc ^ e i nt hundred and fifty-three, the union of the said Town- ships shall be dissolved, and each of them shall be separate Municipality by itself, notwithstanding that either of them may not then have one hundred resident freeholders and house- holders on the Collectors' Roll ; and that all the provisions of law in that behalf shall apply to the said Townships, as if they had been separated in consequence of each of them having been found to contain one hundred resident freeholders and householders on the Collectors' Roll. 16 VIC. CAP. 36. An Act to legalize and continue the Municipal Corporation of the Township of Torbolton. [10th November, 1852.] Preamble. WHEREAS there are within the county of Carleton conflict- ing opinions as to whether the Township of Torbolton, in the said county, is or is not under the provisions of the Upper Canada Municipal Corporations Act of one thousand eight hundred and forty-nine, the Upper Canada Municipal Corpo- rations Law Amendment Act of one thousand eight hundred and fifty, and the Upper Canada Municipal Corporations Law Amendment Act of one thousand eight hundred and fifty-one, a lawfully constituted Municipal Corporation by itself; And whereas for divers reasons it is the unanimous wish of the Council of the said County, as set forth in the Petition from said Council to the Provincial Parliament in' its present Ses- sion, that the said Township of Torbolton should be legalized and continued and constituted beyond all doubt a Municipal Corporation by itself, enjoying the same rights and perform- ing the same functions as the several other Municipal Corpo- rations of Townships within the said County : And whereas it is expedient and necessary for the safe government of the said County and of the said Township that all doubts on the Township above subject should be removed : Be it, &c., That the said Township of Torbolton is and shall be and shall have been a ^ un iip a ^ Corporation by itself; and all acts and deeds hith- Mimidpi erto done by the Municipality of the said Township in their Corporation, character as such, as also all acts and deeds hitherto done whether by the Municipality of the adjoining Township of March as a Municipality, or by the County Council of the THE MUNICIPAL MANUAL. 477 County of Carleton arising from the assumption of Torbolton to municipal jurisdiction, shall be held to be as valid and effectual as the acts and deeds done by any other Municipality within the same County, not otherwise unlawful : Provided always, that this Act shall not be pleaded in any suit at law Proviso, or in equity begun or pending before the passing of this Act. 16 VIC. CAP. 95. An Act to authorize the City of Hamilton to negotiate a loan of Fifty Thousand Pounds to consolidate the City Debt, nnd for other purposes. [Assented to 22nd April, 1853.] WHEREAS the Corporation of the City of Hamilton have preamble, petitioned to be authorized by law to borrow on the Deben- tures of the said City, a sum not exceeding Fifty Thousand Pounds, for certain purposes and under certain restrictions in the said petition set forth, and it is expedient that the prayer of their said petition should be granted : Be it, &c., That it Corporation shall and may be lawful to and for the Mayor, Aldermen, and ^Jj/Jx) on Commonalty of the City of Hamilton, to raise by way of loan Debentures. upon the credit of the Debentures hereinafter mentioned, from any person or persons, body or bodies corporate, either in this Province, in Great Britain or elsewhere, who may be willing to lend the same, a sum of money not exceeding the sum of Fifty Thousand Pounds of lawful money of Canada. 2. And be it, &c., That it shall and may be lawful for Debentures the Mayor of the said City of Hamilton for the time being, J, n ^ r lg t s h n e ed to cause to be issued Debentures of the said City, under the corporate Corporation seal, signed by the Mayor and contersigned by the se Chamberlain of the said city for the time being, in such sums not exceeding in the whole the said sum of Fifty Thousand Pounds, as the Common Council shall direct and appoint, and that the principal sum secured by the said Debentures, and the interest accruing thereon, shall be made payable either in this Province, in Great Britain, or elsewhere, as the said Common Common shall deem expedient or necessary. 3. And be it, (fee., That so much of the said Loan so to Applications be raised as aforesaid, as shall be necessary for the purpose, ^SS^f shall be applied by the said the Mayor, Aldermen and Com- the money monalty of the said City of Hamilton, in the payment of the ra Debt due on the Market Ground, amounting to about Seven Thousand Five Hundred Pounds ; on the Central School, amounting to about Seven Thousand Five Hundred Pounds ; 478 THE MUNICIPAL MANUAL. and to the Gore Bank, amounting to about Five Thousand Remainder Pounds ', and the remainder of the said loan shall be applied pu a rpose ublic in aid *' an y Public improvements now or hereafter to be erected or constructed in the said City. sinking 4. And be it, &c. } That for the payment, satisfaction and pe u r n c d ent f p^ discharge of the Debentures to be issued by virtue of this annum to be Act, it shall and may be lawful for the Common Council of provided. ^ ga ' ( j Q^ Q .p jj am i}ton, and they are hereby required so to do, in any By-law or By-laws to be passed authorizing the said Loans or either of them and the issuing of the Debentures therefor, to impose a special rate per annum over and above and in addition to all other rates to be levied in each year, and over and above the interest to be payable on such Debentures, which shall be sufficient to form a Sinking Fund of two per cent, per annum for that purpose. investment 5. And be it, &c., That it shall be the duty of the Cham- fionofSnk- k erlain of tne said Git J of Hamilton, from time to time, to ing Fund, invest all sums of money raised by special rate for the Sinking Fund provided in this Act, either in the Debentures provided for by this Act or in any Debentures issued by the Govern- ment of Canada, or in such other securities as the Governor of this Province shall, by order in Council, direct or appoiut, and apply all dividends or interest on the said Sinking Fund to the extinction of the debts created by this Act. G. And be it, &c., That any By-law to be parsed under ttis 4 ct slla11 n ot be repealed until- the debt or debts created by this Act and interest thereon shall be paid and satisfied, and that the one hundred and seventy-eighth section of the Municipal Corporations Act of Upper Canada shall extend to anv By-law passed under this Act. * .-.4w Aldermen and Commonalty of the City of Hamilton, if they should deem it for the interest of the said city, to ra ^ se ^J wa J ^ Loan upon the credit of Debentures similar to those hereinbefore mentioned, from any person or persons, body or bodies corporate, either in this Province, in Great Britain, or elsewhere, who may be willing to lend the same, a further sum of money not exceeding the sum of Fifty Thou- sand Pounds of lawful money of Canada, and which last mentioned sum of money shall be applied in payment of two thousand Shares of the Capital Stock of the Great Western Railroad Company, lately purchased by the said City of Ham- ilton; and the Chamberlain of the said city is hereby autho- and empowered on receiving instructions so to do from By-law not any debt shall remain unpaid, &c. c e 99 22 s. V 228. Corporation excLdin- 50,000, to Company. Debentures THE MUNICIPAL MANUAL. 479 the said Common Council, and with the consent of the holders substituted thereof, to call in such Debentures of the City of Hamilton heretofore as may have heretotore been issued under any By-law of the issued in Common Council of the said city, and taken in payment of the said such stock, and to substitute therefor so much of the funds stock * received on account of the Debentures to be issued under this section, as may be necessary for that purpose. 8. And be it, <&c., That for and notwithstanding any A certain provision, clause, matter or thing, contained in any Act of Parliament of this Province to the contrary, it shall and may be lawful for the Common Council of the said City of Hamil- ton, after having called in the Debentures described in the next preceding section, to repeal the by-law of the said Council passed on the twenty-ninth day of August, one thousand eight hundred and fifty, authorizing the levy of a special rate for the purpose of paying and satisfying certain Debentures issued or to be issued, in favor of the said Great Western Railroad Company, or payment of the said Stock. O. And be it, &c., That the funds derived from the nego- Moneys tiation of the Debentures to be issued under this Act, shall, when received, be deposited by the Chamberlain of the said Y here . tobe city for the time being, in some one or more of the chartered banks of this Province, on such conditions as the said Common Council shall from time to time agree upon, and only be with- drawn therefrom as they may from time to time be required for the payment of the Debentures, debts and liabilities men- tioned in this Act, and to discharge the liabilities that may be incurred in carrying out the improvements contemplated by this Act. 1O. And be it, &c., That this Act shall be a Public Act. Public Act. 16 VIC. CAP. 96. An Act to separate the Township of Georgina from the Comity of Ontario , and annex it to the County of York. [Assented to 22nd April, 1853.] WHEREAS the inhabitants of the Township of Georgina, in Preamble, the County of Ontario, have by their petition and by the peti- tion of their Municipality, prayed that the said township may be disunited from the said county, and may be annexed to the County of York, and it is right and expedient to grant the prayer of the said petition: Be it, &c., That from and after Township of the passing of this Act, the Township of Georgina, in the annexeTto County of Ontario, shall be disunited from the said county, yo"k. ty f 480 THE MUNICIPAL MANUAL, iiccitai. A certain boroe^ by r tho W preamble and shall be annexed to and form part of the County of York for all purposes whatsoever. g. And whereas the Provisional Municipal Council of the said County of Ontario, has, for the erection of county build- ings, contracted a debt the greater part of which is yet un- paid ; And whereas the said Township of Georgina has not been and will not in any wise be benefited by the erection of tne said county buildings : Be it, &c.. That no part of the sa ^ ^ e k fc sna ^ ^ e charged u po n the said Township of Geor- gina, nor on the said County of York, but shall be wholly korne by the said County of Ontario ; any law to the contrary notwithstanding. 18 VIC. CAP. 97. An Act to authorize the Municipal Council of the Town of Amherstburg, to sell the Site of the old Market in that Town. [Assented to 22nd April, 1853.] WHEREAS by Letters Patent, under the Great Seal of the Province of Upper Canada bearing date the thirteenth day of June, in the year of our Lord one thousand eight hundred and twenty-two, all that parcel or tract of land situate in the Town of Amherstburg, in the County of Essex, containing by admeasurement, twelve thousand three hundred and seventy- five square feet, be the same more or less, and in the said Letters Patent described as being Lot number seven, formerly twenty- two, on the west side of Dalhousie Street, in the said Town, and which parcel or tract of land is butted and bounded, or may be otherwise known as follows, that is to say : com- mencing on the west side of Dalhousie Street, in the limit between lots numbers six and seven, and at the south-east angle of the said Lot number seven, then north nineteen de- grees thirty minutes west, eighty-two and a half feet, to an alley twenty feet wide, between Lots numbers seven and eight, then north seventy degrees thirty minutes west, one hundred and fifty feet, more or less, to the River Detroit, then south- erly along the water's edge to the limits between Lots numbers seven and six, then north twenty degrees thirty minutes east, one hundred and sixty feet, more or less, to the place of be- ginning, was conveyed to certain persons in the said Letters Patent named, to hold in trust for the inhabitants of the said Town, as a Site for a Market-place, and to permit the Justices THE MUNICIPAL MANUAL. 481 of the Peace for the then Western District, to erect thereon suitable buildings for a Market for the convenience of the in- habitants of the said town, and in which Letters Patent it was further provided, that if the said parcel of land should be con- verted to the private use or advantage of the said Trustees/ or become charged or chargeable with any debt or other incuin- brance of the said Trustees, or if they should hinder or prevent the said Trusts being carried into effect, then those presents should cease and determine : And whereas by the said Letters Patent and a certain Act of the Parliament of the late Pro- vince of Upper Canada, passed in the first year of the reign of his late Majesty King William the Fourth, and chaptered three, the present Market in the said Town was duly estab- lished upon the said tract of land, which tract of land remained vested in the said Trustees, or the survivors of them, upon the Trusts aforesaid, until the Municipal Corporations Act of one thousand eight hundred and forty-nine, came into operation, by the one hundred and thirty-eighth Section of which it is enacted, That the places then already established as Markets or Market-places in the several Villages and Towns in Upper Canada, shall remain Markets and Market-places until other- wise directed by competent authority, and that all Market reservations or appropriations which at the time the said Act should come into force, were vested in the Municipal authority of such Village or Town, or in Trustees for their use and benefit, shall be and they are hereby vested in the Municipal Corpo- ration of such Viliage or Town, erected under the said Act: And whereas the site of the Market is found to be inconve- nient to the great majority of the inhabitants of the said town, who have petitioned the Municipal Council of the said town to sell or otherwise dispose of the said tract of land, and pur- chase another and erect a Market thereon, in a more central position, which the said Council are desirous of doing, but doubts have arisen whether the Municipality of the said town have the necessary powers in that behalf: Be it, tion Tested shall be and the same is hereby vested m the Municipality of in the Muni the Town of Amherstburg, in fee simple, and free from all the SJf^n! trusts and provisions expressed in the said Letters Patent, and with fun from all other trusts whatsoever; and it shall be lawful for the Municipality of the Town of Amherstburg aforesaid, and they are hereby authorized and empowered absolutely to grant, bargain, sell, lease or convey the said tract or parcel of land, or any part thereof, and all buildings thereon, in fee simple, for life, term of years or otherwise, as to the said Municipality may seem fit. G2 482 THE MUNICIPAL MANUAL TO what pur- 2. That the Municipality of the Town of Amherstbnrg, " aforesaid, shall and may, and they are hereby required to apply the proceeds arising from any such sale, lease or conveyance, as aforesaid, or such portion thereof as may be required there- for, to the purchase of the land required for a site for a Market for the said Town, and to the erection of the necessary build- ings thereon, and the completion of all improvements con- nected therewith. ilnTtoS- ?' "^ at ^e l ane or roa d now existing between the land, main op r e e n. buildings and property of Thomas Park, Esquire, and the said t.act, site and Market, shall always remain and be open as it now is, and shall not be stopped up without the consent of the said Thomas Park, his heirs and assigns. Public Act. 4. That this Act shall be a Public Act. 16 TIC. CAP. 123. An Act to explain and amend the Act intituled, " An Act to establish a Consolidated Municipal Loan fund in Upper Canada. [Assented to 23rd May, 1853.] WHEREAS it was intended that the ninth section of the Consolidated Municipal Loan Fund Act should apply to By- laws passed or in course of being passed before said Act came into force for the purpose of aiding in the construction of any Railway, or for the improvement of any navigable River or other such work as provided for by the said Act : Be it, &c. } That the ninth section of the Act aforesaid shall be held to include any By-law for any of the purposes mentioned in the preamble to this Act which was passed before the said Act came into force, or which has been passed since the said Act came in force, but at the date of such Act was in the course of being passed. 2. That before any such Municipality shall receive or be entitled to receive any money to be raised under the above recited Act, a true copy of the By-law under which the money is to be raised, together with affidavits of the Treasurer and Clerk of the Municipality verifying the same and such other information as the Governor in Council may^require, shall be transmitted to the Receiver General. 3, That if the Governor in Council shall approve of such proved cer- By-law, it shall not be necessary to impose or levy annually tarn rates ,,' , , . , J , r , i i i need not be the sum or rate per pound which may have been nxed in such or By-law to pay the principal and interest of the Loan, but such Preamble. 16 Vic. c. 22. Sec. 9 of the said Act to apply to By- laws then passed or Copy of such By-law to be sent to Receiver General. THE MUNICIPAL MANUAL. 483 sum only shall be levied and collected as may be necessary under the provisions of the sixth Section of the said in part recited Act, and all proceedings in connection with such Loan and By-law or for the recovery of any sum of money which ought to be paid thereunder, may be had and taken as if the said By-law had been passed for the purpose of raising money under the said in part recited Act and after the same came into force. 4. That all Debentures which have been or can be issued AH Debeu- under the authority of such By-laws as are referred to in the JSr^Sd? first Section of this Act, shall be deposited with the Receiver By-law to be General before the Municipality shall be entitled to receive any of the money to be raised under any such By-law, and upon payment by the Municipality of the whole amount which shall be payable in respect of the said Loan, such Debentures shallissut '- shall be cancelled and destroyed in such manner as the Gov- ernor in Council shall direct; Provided always, that the money proviso, to be raised under any such By-law shall be paid by tho Receiver-General only on the joint order of the Head of such Municipality and the President of the Company entitled to receive the same } Provided also, that when any such By-law p r0 Tisoas to shall have been passed by the Council of any Union of ^ a ^ s ; Counties, and such Union shall at any time be dissolved after of Counties^ the passing of such By-law, the several Counties of which such Union of Counties was composed, shall continue to be liable in respect of the Loan raised under such By-law as fully and effectually to all intents and purposes as if such Union had not been dissolved, and the Sheriff of the Senior County shall have power within every county which at the time of the passing of such By-law formed part of such former Unions of Counties, to levy any rate which he may be required to collect under the seventh Section of the said in part recited Act, in the same manner as if such Union of Counties had not been dissolved ; Provided also, that in case of any dissolution of a Proviso. Union of Counties as aforesaid, the order hereinbefore men- tioned shall be signed by the Head of the Municipality of the Senior County of such former Union. 45. And be it, &c.., That no informality or irregularity in Noinforma- any such By-law or in the proceedings relative thereto anterior {jJJ^Sj^ to the passing thereof, shall in any way affect the validity of theBy- thereof after the Governor in Council shall have approved nce^p- Q such By-law, but the order in Council approving such By-law P ro v ved by . shall be held to cover any such informality or irregularity, and Council, the By-law shall be valid to all intents and purposes, and pro- ceedings may be had for enforcing the payment by the Muni- 484 THE MUNICIPAL MANUAL. cipality the Council whereof passed such By-law and by the inhabitants thereof under the provisions of the Act hereinbe- fore in part recited, as if the By-law had been passed after the said Act and all the requirements thereof had been complied with in regard to such By-law. Not to apply $. Nothing herein contained shall be held to authorize the tureshave 11 raising of any Loan under the said Act, when such Loan shall been sold, have been negociated or the Debentures issued therefor sold to any party before the passing of the said Act Act extend- 7". And he it, ny at any time arise as to whether any work then in progress does ie P Jro itb o? or ^ oes no ' come with* 11 the scope and meaning of this sec- this Act. tion, it shall be lawful for the Governor of this Province, if he shall see fit, to declare by Proclamation that such work is within the scope and meaning of this section, and that the prohibition herein contained applies to any place within three miles of the line thereof, which line may be described and defined in such Proclamation, and the declaration contained in such Proclamation shall have the like force as if contained in this Act, and the said prohibition shall apply accordingly : but nothing in such declaration shall be construed as a decla- ration that such work or any part thereof was not within the scope and meaning of this section before the issuing of such Proclamation, but the question whether it was or was not so shall be decided as if such Proclamation had not issued : And Proviso. provided, secondly, that this section shall not extend to any person selling intoxicating Liquors by wholesale, and not re- tailing the same, if such person be a licensed Distiller or a Brewer, nor shall it extend to prevent the renewal of the license of any House or Shop licensed at the time of the pass- ing of this Act, or of Houses or Shops which have been usually licensed heretofore. THE MUNICIPAL MANUAL. 495 2J. Any person who shall, in contravention of this Act, by Penalties for himself, his clerk, servant or agent, expose or keep for sale SUJj^TiS or barter, or shall sell, dispose of, give or exchange for any Act; and other matter or thing, to any other person any Intoxicating Liquor, shall be liable to a fine of Five Pounds on the first conviction, Ten Pounds on the second, and on the third and every subsequent conviction to such last mentioned fine, and imprisonment for a period not more than six calendar months, such fine to be paid over to the Chamberlain, Treasurer, Clerk or Secretary-Treasurer, of the Municipality in which the offence shall be proved to have been committed, for the use of the Municipality, and to be applied to such public purposes as the Council thereof may direct, and in default of payment of any fine and costs imposed under this Act, with the costs of prose- cution, at the time of conviction, the offender shall be impri- soned until the same be paid, under warrant of the Justice, Reeve, Mayor, Police Magistrate, Recorder, or Judge before whom the conviction shall be had : Provided, that no person p rov iso. shall be imprisoned for any separate offence under this Act for fine or costs, or both, or for fine and costs, for a period ex- ceeding six calendar months. 3. If any clerk, servant or agent, or other person in the Agents pun- employment or on the premises of another, shall sell, dispose of, or exchange for any other matter lor thing, or assist in sell- ing, disposing of, exchanging for any other matter or thing, any Intoxicating Liquor in contravention of this Act, % for the person in whose service or on whose premises he may be, he shall be held equally guilty with the principal, and shall suffer the like penalty. 4L. Any Justice of the Peace, any Reeve or Mayor of a who may Township, Village or other Municipality, any Police Magis- 5^*^ trate, a Recorder of any City or Town, any Judge of a Circuit under this or Division Court, shall and may hear and determine in a Act summary manner any case arising within his or their jurisdic- tion under this Act ; and every person who shall make com- plaint against any other person for contravening this Act or any part or portion thereof, before such Justice, Reeve, Mayor, Police Magistrate, Recorder or Judge, may be admitted as a witness, and if the Justice, Reeve, Mayor, Police Magistrate, Recorder, Judge or Commissioner, before whom the examina- tion or trial is had, shall so order (as he may if he shall think Costs. there was probable cause for the prosecution) the defendant shall not recover costs though the prosecution fail. 5. No Appeal shall be allowed to any person complained Onwhatcon- of or convicted under this Act, unless he shall enter into a an l appea? ly 498 THE MUNICIPAL MANUAL. shall be Recognizance or Bond to the Municipality in which the offence allowed. j g a }} e fr e( j to have been committed, in the sum of Twenty-five Pounds, jointly and severally, with two good and sufficient sureties, to prosecute his appeal, and to pay all costs, fines and penalties that may be awarded against him upon the final de- termination of the case ; and no Recognizance or Bond shall be taken except by the Justice, Reeve, or Police Magistrate, Recorder or Judge before whom the complaint was made or the offender tried, and the security shall be to his satisfaction, and if the appeal shall not be successful, the Recognizance or Bond shall be forfeited, and the amount thereof shall become a debt due to the Municipality within which the offence was committed, recoverable by action by and in the name of the Municipality, and it shall be the duty of the Secretary-Trea- surer, Clerk, or Treasurer, or Chamberlain of such Municipality to prosecute the same, and the money shall be applied in the same manner as the fines hereinbefore mentioned : And if the Recognizance or Bond mentioned in this section shall not be given before or within three days after conviction, order made or judgment rendered, the Appeal shall not be allowed. Search for (5. If any three persons being voters or entitled to vote at lowedTn* 1 ' an J Municipal election of the Municipality within which the certain cases, complaint is made, shall make oath or affirmation before any Justice, Reeve, Mayor or Police Magistrate, Recorder or Judge of a Circuit Court or Division Court, that they have reason to believe and do believe that any Intoxicating Liquor intended for sale or barter in contravention of this Act, is kept or deposited in any Steamboat or other vessel, or in any car- riage or vehicle, or in any store, shop, warehouse, or other building or place in such Municipality, or on any river, lake or water adjoining the same, at any place within which such Intoxicating Liquor is by this Act prohibited to be sold or bartered or kept for sale or barter, the said Justice, Mayor, Reeve, Police Magistrate, Recorder, or Judge, shall issue his Warrant of Search to any Sheriff, Police Officer, Bailiff or Constable, who shall forthwith proceed to search the premises, steamboat, vessel or place described in such Warrant, and if any intoxicating Liquor be found therein, he shall seize the same and the barrels, casks or other .packages in which it may be contained, and convey them to some proper place of secu- rity, and there keep them until final action is had thereon ; but no dwelling house in which, or in part of which a shop or bar is not kept, shall be searched, unless one at least of the said complainants shall testify on oath to some act of sale of Intoxicating Liquor therein or therefrom in contravention of THE MUNICIPAL MANUAL, 497 this Act within one calendar month of the time of making the said complaint; and the owner or keeper of the Liquor seized Owner of Li- as aforesaid, if he shall be known to tlje Officer seizing the ^ f ^. same, shall be summoned forthwith before the Justice or per- monod. son by whose Warrant the Liquor was seized, and if he fail to appear, and it appears to the satisfaction of the said Justice or person who issued the Warrant that the said Liquor was kept or intended for sale or barter, in contravention of this Act, it shall be declared forfeited with any package in which it is contained, and shall be destroyed by authority of the Destruction written Order to that effect of the said Justice, Reeve, Mayor, ^T^be Police Magistrate, Recorder or Judge, and in his presence, or illegally in the presence of some person appointed by him to witness kept ' the destruction thereof, and who shall join with the Officer by whom the said Liquor shall have been destroyed, in attesting that fact upon the back of the Order by authority of which it was done : and the owner or keeper of such Liquor shall pay Fine. a fine of Ten Pounds and costs, or be committed to prison for three calendar months in default thereof. 7. If the owner, keeper or possessor of Liquor seized Proceedings under the provisions of this Act shall be unknown to the {JiJJJ t Officer "seizing the same, it shall not be condemned and des- &c. troyed until the fact -of such seizure shall have been advertised, with the number and description of the package as near as may be, for two weeks, by posting up a written or printed notice and description thereof in at least three public places, and if it shall be proved within such two weeks to the satisfac- tion of the Justice, Reeve, Mayor, Police Magistrate, Reeorder or Judge by whose authority such Liquor was seized, that it was not intended for sale or barter in contravention of this Act, it shall not be destroyed, but shall be delivered to the owner, who shall give his receipt therefor upon the back of the Warrant, which shall be returned to the said Justice or person who issued the same; but if after such advertisement Destruction^ as aforesaid, it shall appear to such Justice, Reeve, Mayor, fo^to^e Police Magistrate, Recorder or Judge, that such Liquor was forfeited. intended for sale or barter, in contravention of this Act, then such Liquor, with any package in which it is contained, shall be forfeited, condemned and destroyed. 8. Any payment or compensation for Liquor sold or bar- Payments for tered in contravention of this Act, whether in money or secu- L ^ uo 1 1 d lle ' rities for money, labor or property of any kind, shall be held I*., hfcon- and considered to have been received without consideration, Jr*? 1 ! ? of , ., i , ,, ' Qua Act, to and against law, equity and good conscience, and the amount be void. or value thereof may be recovered from the receiver by the H2 498 THE MUNICIPAL MANUAL. party making, paying or furnishing the same, and all sales, transfers, conveyances, liens and securities of every kind which either in whole or in part shall have been given for or on on account of Intoxicating Liquor sold or bartered in contra- vention of this Act, shall be utterly null and void against all persons and in all cases, and no right of any kind shall be acquired thereby, and no notion of any kind shall be main- tained either in whole or in part for or on account of Intoxi- cating Liquor sold or bartered in contravention of this Act. Witnesses * ^ shall be lawful for any Justice of the Peace, Reeve, may be com- Police Magistrate, Recorder or Judge authorized to hear and determine offences against this Act, to summon any person wno mav b e represented to him as a material witness in rela- tion to any offence against this Act, and if such person shall refuse or neglect to attend pursuant to such Summons, the Justice or person authorized to try the offence, may issue his Warrant for the arrest of the person so summoned, and such person shall be brought before the Justice or person issuing the Warrant, and if he shall refuse to be sworn or to affirm, or to answer any question touching the matter under investi- gation, he may be committed to the common gaol, there to remain until he shall consent to be sworn or to affirm and Provisions of answer ; And all the provisions of any Act or Acts for the tection r of r ~ protection of Justices of the Peace when acting as such, or to justices, ex- facilitate proceedings by or before them, in matters relating to asunder summary conviction and orders, shall in so far as they may thiaAct. not be inconsistent with this Act, apply to every functionary mentioned in this Section or empowered to try offenders against this Act, and such functionary shall be deemed a Justice of the Peace within the meaning of any such Act, whether he be or be not a Justice of the Peace for other purposes. Costs of en- 1O. That whenever judgment shall be rendered for costs, forcing judg- there shall be included therein fees for such prospective ser- ment to be , ,, , ,. i i included. vices as shall be necessary to enforce such judgment. Costs under If. Upon judgment or affirmance of any appeal, and for any other proceeding under this Act which shall be had before a Justice, Reeve or other functionary, the costs shall be the same as are now by law allowed for proceedings of a like nature, and in actions and proceedings in any higher Court, the costs shall be the same as are usually allowed in such Court. ^' ^ ac ^ on or ot ^ er proceeding, Warrant, Judgment, Order or other Instrument or Writing, authorized by or which of form want ma y ke necessary to carry out the provisions of this Act shall THE MUNICIPAL MANUAL. 499 be held void, or be allowed to fail for defect of form, but all Justices, Municipal Councils, Judges and Courts, and all Public Functionaries or Officers who may be required to per- form any duty under this Act, shall regard the same as a 9 remedial Statute, and shall so construe its provisions as to advance the remedy, and suppress the mischief mentioned in the Preamble thereof. 13. A nc l leitj &c., That so much of each and every Act inconsistent and provision of law now in force in any part of this Province, repealed? S as shall be inconsistent with any provisions of this Act, shall be and is hereby repealed. 16 VIC. CAP. 169. An Act in addition to the General Railway Clauses Consoli- dation Act. {Assented to 14th June, 1853.] 5. And be it } &c., That notwithstanding any thing in the Heads of MU- said General Railway Clauses Consolidation Act contained, it noWloS has not been, nor is, nor shall be lawful for the Mayor, Reeve at election of or other Chief Officer, or other person representing any Ktors, Municipality having or taking Stock in any Railway Company unleSB > &c - incorporated or to be incorporated in this Province, by any Act of this Session, either directly or indirectly to vote on the election or appointment of the private Directors of such Company, unless the Special Act of Incorporation of such Company shall expressly provide therefor in the said Special Act. 16 VIC. CAP. 170. An Act to restrain the injurious practice of inoculating with the Small Pox. [Assented to 14th June, 1853.] WHEREAS it is highly expedient to restrain the injurious p re ambie. practice of inoculating with the natural Small Pox, (variola) : Be it, &c.j That any person who shall produce or attempt to p en aityfor produce, by inoculation with variolous matter, or by wilful inoculating exposure to variolous matter, or to any matter, article or thing impregnated with variolous matter, or wilfully by another means whatsoever, the disease of Small Pox in any person in this Province, shall be liable to be proceeded against and con- victed summarily before any two Justices, and for every such offence shall upon conviction be imprisoned for any term not exceeding one month. 500 THE MUNICIPAL MANUAL. License of Proviso: Kgaln 11 granted. Recital. 13 & 14 Vic c. 54. Appeals to lie in cases iaws e ofa y Mu nicipaiity. 2. And be it, &c., That if any person licensed to practice Phj 8 ^ Surgery or Midwifery in this Province or in any part thereof be convicted of an offence against the provisions of this Act, the license of such person in that behalf shall thereby become null and void and of no effect, and such person shall from and after the date of such conviction be liable to the same penalty in the event of his practising Physic, Surgery or Midwifery in Lower Canada or in Upper Canada respec- tively, as he would have been liable to for so doing if he had never been licensed to practise the same : Provided always, that it shall be lawful for the Governor General, on the Certi- fi ca t e of the Medical Board in Upper Canada, or for the Pro- vincial Medical Board in Lower Canada, at any time after the expiration of the term of imprisonment of any such person so convicted as aforesaid, again to license such person to practise Physic, Surgery and Midwifery as aforesaid, and thereupon and thereafter such person shall no longer be liable to any fine or penalty for so doing. 16 VIC. CAP. 178. An Act to facilitate the performance of the duties of Justices of the Peace, out of Sessions, in Upper Canada, with res- pect to Summary Convictions and Orders. [Assented to 14th June, 1853.] S6. And whereas doubts may exist whether under the provisions of the Act passed in the Session of Parliament held * n ^e thirteenth and fourteenth years of Her Majesty's Reign, chaptered fifty-four, and intituled, An Act to extend the rights f Appeals in certain cases in Upper Canada, Appeals will ]i e from convictions and decisions under By-laws of Municipal Councils ', Be it y &c., That in all cases of complaints against an y p erson f or committing any offence against any By-law of any Municipal Corporation in Upper Canada, all decisions, convictions and orders made by any Justice of the Peace, or by any person by law authorized to act in that capacity, shall be subject to an Appeal in the manner and subject to the provisions prescribed in the above recited Act. Prea 16 YIC. CAP. 182. An Act to amend and consolidate the Assessment Laws of Upper Canada. [Assented to 14th June, 1853.] ble. WHEREAS it is expedient to amend the Assessment Laws now in force in Upper Canada, and to provide in one Act for THE MUNICIPAL MANUAL. 501 the just and equal assessment of property and tbe levying and collecting of Municipal rates in the several Townships, Villages, Towns, Cities and Counties in Upper Canada: Be it, <&c., That Actsi3&i4 the Act passed in the Session held in the thirteenth and four- ^J J^&'js teenth years of Her Majesty's Reign, and intituled, An Act to vie. c. no, establish a more equal and just system of Assessment in the se- veral Townships, Villages, Towns and Cities in Upper Ca- nada, and the Act passed in tbe Session held in the fourteenth and fifteenth years of Her Majesty's Reign, and intituled, An Act to explain and amend the Assessment Law of Upper Ca- nada, be and the same are hereby repealed, except in so far as the same may affect any rates or taxes of the present year, or any rates or taxes which have accrued and are actually due, or any remedy for the enforcement or recovery of such rates or taxes not otherwise provided for by this Act : Provided always, p r0 viso as to that all taxes of the present year, and all arrears of other taxes arrears. remaining due after this Act shall come into force, shall be col- lected and recovered according to the provisions of this Act. PROPERTY LIABLE TO TAXATION. . And be it, <&., That all land and personal property in what pro- Upper Canada shall be liable to taxation, subject to the ex emptions hereinafter specified ; and the occupant of any land taxation. belonging to Her Majesty shall be liable to taxation for the land so occupied, but such land shall not be chargeable for the same. 3. And be it, ^ c "> ^ at notw ^ nsta nding any thing in Assessors any Act or law to the contrary, the number of Assessors or in Collectors to be appointed in and for any City, Town, Village anyplace, or Township, shall be one or more in the discretion of the Municipal Council thereof, and such Municipal Council may, THE MUNICIPAL MANUAL. 507 in their discretion, appoint the same Assessor or Collector to act in and for any number of Wards or for the whole of any City or Town. 1G. And be it, &c., That the Municipal Council of any Townships Township, City, Town or Village may, if they deem it expedient, Jownv*e., divide the same into convenient Assessment Districts, and may *y d jj into assign the Assessment District or Districts within which each ABMMM* Assessor shall act, and may prescribe such regulations for gov- and^eguia- erning the Assessors in the performance of their duties as shall tions made not be inconsistent with this Act, or with any law in force in Jjg AMC*" Upper Conada. sors - 17. And be it, &c., That the Assessor or Assessors for Assessment each Township, Village and Ward shall prepare an Assessment JJJJjJJ^ Roll, in which after diligent enquiry, shall be set down in its form and separate columns, and according to the best information in their power, the names and surnames in full, if the same can be ascertained, of all taxable parties resident in the Township, Village or Ward, and of all non-resident Freeholders who shali, either in person or in writing, have required such Assessor to enter their names and the land owned by them in the Roll, together with the description and extent or amount of property assessable against each, and containing the particulars mentioned in the Schedule appended to this Act marked A., for each of the items whereof the Assessment Roll shall contain a separate column ; Provided always, that whenever any Asseessor shall proviso : enter upon his Roll the name of any Freeholder who shall ents e enter- have required his name so to be entered, he shall write opposite ed on Roil to it " non-resident," together with the address of such Free- g u Led **' holder, and no such non-resident shall be entitled to vote at sucn - any Municipal Election by reason of his name being so entered on* the Assessor's or Collector's Roll ; anything in the Upper Canada Municipal Corporations' Acts to the contrary notwith- standing. 18. And be it, &c., That it shall be the duty of each Particulars party assessable in any Township, Village or Ward, to give all popert^fr necessary information to the Assessoi or Assessors, and if re- income to be quired by the Assessor or by one of the Assessors, if there be Assessors m more than one, to deliver to such Assessor a statement in JjJ^J^^ writing, signed by such party (or his agent, if such party be to be absent) and containing all the particulars respecting the pro- * perty or income assessable against such party which are required in the Assessment Roll ; and if any reasonable doubt is enter- tained by the Assessor of the correctness of any information given by the party applied to, it shall be the duty of the Assessor to 508 THE MUNICIPAL MANUAL. Proviso : statements given by parties not binding on Assessors. Penalty on parties mak- ing false statements. Parties assessed as Trustees, Ac., to have their repre- sentative character attached to their names. require from him a written statement as aforesaid, and if any such asssssable party shall fail to deliver such statement to the Assessor or one of the Assessors when thereunto required, such person shall thereby forfeit to the Municipal Corporation of the Village, Town, City or Township, the sum of Five Pounds currency, to be recovered as a debt due to such Municipal Cor- poration in any way in which debts due to it can be recovered : Provided that no such statement shall bind the Assessor or Assessors further than they shall from their personal knowledge believe the same to be correct, nor shall it excuse them from making due enquiry whereby to ascertain whether it is or is not correct, and notwithstanding such statement, they may assess such party for such amounts of property or income as they maj believe to be just and correct, and may omit his name or any property which he claims to own or occupy if they shall have reason to believe him not entitled to be placed on the Roll, or to be assessed for such property. 19. And le it, &c., That if any person shall have know- ingly stated anything falsely in the written statement required to be made by the preceding Section, he may be summarily convicted thereof before any Justice of the Peace, or other per- son authorized to act in that capacity, having jurisdiction within the locality, and shall be liable to a fine of not more than Five Pounds. Railway Companies to transmit annual state- ments des- cribing value of their real property to Clerk of Mu- nicipality ; and shall be notified of the amount at which they are . And be it, &c., That when a person shall be assessed as Trustee, Guardian, Executor or Administrator, he shall be assessed as such with the addition to his name of his represen- tative character, and such assessment shall be carried out in a separate line from his individual assessment, and be shall be assessed for the value of the real and personal estate held by him, whether in his individual name or in conjunction with others in such representative character, at the full value thereof or for the proper proportion thereof, if others, resident within the same Municipality, be joined with him in such representative character. 31. And be it, &c., That every Railway Company shall annually transmit to the Clerk of every Municipality in which any part of the road or other real property of such Company is situate, a statement describing the value of all the real property of the Company other than the roadway, and also the actual value of the land occupied by the road in such Municipality, according to the average value of land in the locality, and the Clerk shall communicate the same to the Assessors; and the Assessor or Assessors shall deliver at or transmit by post to any station or office of the Company, a notice of the total THE MUNICIPAL MANUAL. 509 amount at which they have assessed the real property of the Company in their Municipality or Ward, distinguishing the value of the land occupied by the road, and the value of all other real property of the Company; and the statement and. notice herein mentioned shall for all the purposes of this Act be held to be the statement required by the eighteenth section, and the notice required by the twenty-third section of this Act, . And be it, &c., That the lands of non-residents who Lands of Lave not required their names to be entered by the Assessor, Sow'tobe * 3 shall be designated in the same Assessment Roll, but in a part designated separate from the other assessments, headed " Non-residents ed on the" Land Assessments," and in the manner following, that is to ^ ssment ay: If the land to be assessed be a tract not known to be sub- divided into lots, it shall be designated by its boundaries or other intelligible description: If it be a tract which is known to be sub-divided into lots, or be part of a tract known to be so sub-divided, the Assessors shall proceed as follows : They shall designate the whole tract in the manner above prescribed with regard to undivided tracts : If they can obtain correct informa- tion of the sub-divisions, they shall put down in their Assessment Rolls, and in a first column, all the unoccupied lots owned by non-residents, by their numbers and names alone and without the names of the owners, beginning at the lowest number and proceeding in numerical order to the highest; in a second column, and opposite to the number of each lot, they shall set down the quantity of land therein liable to taxation ; in a third column, and opposite to the quantity, they shall set down the value of such quantity, and if such quantity be a full lot, it shall be sufficiently designated as such by its name of number as aforesaid, but if it be part of a lot, the part shall be designated by boundaries, or in some other way by which it may be known. 23. And be it, &c., That the Assessors shall also before Assessors to the completion of their Roll, leave for every party named thereon, give notice to j j i >i i i i / i i partiesoftne and resident or domiciled or having a place of business within value at the City, Town, Village or Township, and shall transmit by post %,$* to every non-resident named thereon, a notice of the actual or are assessed. yearly value at which his real property, and of the sum at which his personal property or income shall have been assessed by them. 24. And be it, &c., That the Assessor or Assessors shall At what make and complete their assessment in every year between the A 5 g S g^ e ent first day of February and such day as the Municipal Council of RoiTSmn be the City, Town, Village or Township shall appoint, which day com P leted - shall not be later than the fifteenth day of April, and on or 510 THE MUNICIPAL MANUAL. Certificate to be attached before the day to be so appointed, the Assessor or Assessors or a majority of them, shall complete the Assessment Roll, and shall severally attach thereto a certificate signed by each of them, and verified upon oath or affirmation, which shall be in the form following: "I do certify that I have set down in the above Assessment j^ & ft ^ Q rea j p ropert y ^^Q to taxation, situate in the Township, Village or Ward of - , (as the case may be) and the true actual (or yearly) value thereof, in each case, according to the best of my information and judgment; and also that the said Assessment Roll contains a true statement of the aggregate amount of the personal property of every party named in the said Roll; and that. I have estimated the same according to the best of my information and belief; and I further certify that I have entered therein the names of all the resident householders and freeholders, and of all other freeholders who have required their names to be entered thereon, with the true amount of property occupied or owned by each, and that I have not entered the name of any person whom I do not truly believe to be a householder or freeholder, or the bona fide occupier or owner of the property set down opposite his name for his own use and benefit." . And be itj i i / . , J r , pear before the Court of Revision hereinbefore constituted, and ma y ma ^ e a declaration in the form following : ^ A. B., do solemnly declare that the true value of all the personal property (or income) assessable against me, (or /against me as Trustee, Guardian, Executor, &c., or against C. D. for whom I am agent, as the case may be), after deducting the just debts due by me (as such Trustee, &c., or by C. D.) does not, to the best of my knowledge and belief, exceed the sum of -- pounds currency, (and if the declaration is made by an agent, add:) And that I have the means of knowing, and do know the extent and value of the personal property as- sessable against C. D." And the Court of Revision shall thereupon enter the person complaining at such amount of personal property or income as is speci6ed in the declaration, and no more ; and if any party sna ^ make a wilfully false statement in any declaration so to be made, he shall be guilty of a misdemeanor, and shall be pun- ished as for perjury. 38. And be it, <&c., That if any party shall be dissatisfied w * tn tne decision of the Court of Revision upon any matter connected with the assessments, such party may, within three da} s after the decision, serve upon the Clerk of the Municipality a wr i tten notice of his intention to appeal to the Judge of the County Court, and the Clerk shall give notice to all the parties appealed against in the same manner as is provided for notice what terms.; O f complaints by the twenty-sixth section of this Act; and the party appealing shall at the same time give a written notice of his appeal to the Clerk of the Division Court for the Division within the limits of which the Municipality may be situate, and he shall deposit with him the sum of Ten Shillings to cover the Notice of costs of the appeal, and the Clerk of the Division Court shall puWfehed ^ cause a conspicuous notice to be posted up at the place where the Division Court is held, containing the names of all the ap- pellants and the parties appealed against, ranged under the several Municipalities, if there be more than one Municipality in the Division, together with the date at which a Court will be held to hear the appeal, which day shall be determined by the Judge of the Count Court; and at the Court so to be hoklen, j_he j uc jg e si^ji hear tn e appeals, an d he may adjourn the hear- ing from time to time and defer the judgment thereon at his pleasure, so that a return can be made to the Clerk of the Mu- Transmission nicipality before the fifteenth day of July; and the Judge shall of Court of Court, and Hearing appeals. THE MUNICIPAL MANUAL. 513 '** transmit his decision to the Clerk of the Division Court, to be by him forthwith transmitted to the Clerk of the Municipality, and such Judgment shall be final, and the Clerk of the Muni- cipalily shall amend the rolls according to the Judge's decision, paid, and and the costs of the Court, shall in all cases be borne by the how taxed< Appellants, but each party shall pay his own witnesses, except in the case of wilful fraud or corruption, when the Judge may order all costs to be paid by the party offending ; and the costs as aforesaid shall be taxed according to the schedule of fees un- der the Division Courts Acts as in suits for the recovery of sums exceeding Ten and not exceeding Fifteen Pounds in the said Courts. 29. And be it &c., That the Court of Revision constituted Further by the twenty-sixth section of this Act, shall also have power e d to to receive and decide upon any Petition from any party assessed, comt of for any tenement which shall have remained vacant during ^SSed more than three calendar months, in the year for which the as- b y s - 20 - sess merit was made, or from any party who from sickness or extreme poverty shall declare himself unable to pay the taxes, or who by reason of any gross and manifest error in the Roll as finally passed by the Court, shall have been overcharged more than twenty-five per cent, on the sum he ought to have been charged, and to remit or reduce the taxes due by any such party, or to reject such Petition, as to them shall seem meet and right, unless some By-law shall be in force to govern them in this behalf, in which case they shall decide in accordance with such By-law : And the Municipal Council of any City, Town or Township, is hereby empowered to make such By-laws and to repeal or amend the same from time to time. 30. And be it, &c., That the said Court shall have full court may power to meet and adjourn, from time to time, at pleasure, or SjouTnfrom may be summoned to meet at any time by the Head ojf the time to time Municipality, and the Court or any member thereof may ad- at plea minister an oath to any party or witness, or may issue a sum- May sum . mons to any witness to attend such Court ; and if any witness so Vit " summoned shall fail to attend, (being tendered compensation for his time at the rate of Two Shillings and Six Pence a day), he shall incur a penalty not exceeding Five Pounds, to be recover- Penalty on able, with costs, bjw^nd to the use of the Corporation of the Jjjfg 8 ^ 8 City, Town, Village or Township in any way in which penalties attend. incurred under any By-law thereof may be recovered ; and the cierk of Clerk of the Corporation shall be the Clerk of the said Court : Court> Provided always, that all such duties of the said Court as re- ^dhTs t o late to the revising of the Assessment Rolls according to the be completed provisions of the twenty-sixth section of this Act shall be com- |jj y a certem I 2 514 TIIE MUNICIPAL MANUAL. Estimate to be made of sums requir- ed for lawful purposes of the Munici- pality. By-laws for raising mo- ney by rate. If the amount col- lected fall short. If there be an excess. Proviso. Proviso. Assessment Kolls to be examined annually by Municipal Council of the County, for the pur- pose of equalizing the valua- pleted and the Rolls finally revised before the first day of June in every year. MUNICIPAL RATES. 31. And be it, &c., That estimates shall be made of all sums which may be required for the lawful purposes of any City, Town, Village, Township or County for each year in which such sums are required to be levied, making due allowance in such estimate for the cost of collection and the abatements and losses which may occur in the collection of the tax, and for taxes on non-resident lands which may not be collected, and it shall be lawful for the Council of any such Municipality to pass one By-law or several By-laws authorizing the levying and collec- tion of a rate or rates of so much in the pound upon the as- sessed value of the property therein, as, in the judgment of such Council, may be sufficient to raise the sum or sums re- quired on such estimate or estimates ; and if the amount collected shall fall short of the sums severally estimated to be required for the lawful purposes of such Municipality, the Council there- of may direct the deficiency to be made up from any unappro- priated fund belonging to such Municipality, or if there be no such fund, the deficiency may be equally deducted from the several sums estimated to be required, or from any one or more of them, at the discretion of such Council ; and if the sums collected exceed the amounts of the several estimates, the balance shall form part of the General Fund of the Munici- pality, and be at the disposal of the Municipal Council thereof unless otherwise specially appropriated : Provided alwaySj that if any portion of the whole amount collected for the pur- poses of any County, City, Town, Village or Township, shall have been on account of a special tax upon any particular locality within the same, no less a sum shall in any case be appropriated to such special local object than was actually col- lected and received from such locality : Provided also, that in Counties and Townships the several rates shall be calculated at so much in the pound upon the actual value of all the real and personal property therein, and in Cities, Towns and Villages, at so much in the pound upon the yearly value of such real and personal property. . And be it, cfcc., That the Municipal Council of each County shall every year, at some period to be fixed at their discretion, but not later than the First day of July, examine the Assessment Rolls of the different Townships, Towns and Vil- lages in the County, for the preceding financial year, for the purpose of ascertaining whether the valuation made by the Assessors in each such Township, Town or Village, bears a THE MUNICIPAL MANUAL. 515 just relation to the valuation so made in all such Townships, tioninthe Towns and Villages, and such meeting of the Council may be Mundpaii- adjourned from time to time till such duty is completed; and ties - it shall be lawful for such Municipal Council to increase or decrease the aggregate valuations of real property in any such Township, Town or Village, adding or deducting such sums upon the hundred as may in their opinion be necessary to produce a just relation between all the valuations of real estate in such County, but it shall not be lawful for them in any case to reduce the aggregate valuation thereof for the whole County as made by such Assessors: Provided always^ that if the Clerk Proviso: if of any Municipality shall have neglected to transmit a certified Municipality copy of the Assessment Rolls as hereinbefore required, such neglect shall not prevent the County Council from equalizing send copy of the valuations in the several Municipalities according to the Ro11 ' best information obtainable, and any rate imposed according to such equalized Assessment shall be as valid as if the Assessment Rolls had been transmitted: Provided also, that in the year 1854, it shall not be necessary for the Municipal Council of any County to examine the Assessment Rolls as herein before pro- ed for 1854. vided, but all the rates which should by this Act have been calculated upon the Assessment Rolls as equalized in 1854 as aforesaid, shall be calculated upon the Assessment Rolls as equalized at the meeting of the Municipal Councils of the several Counties required to be held for that purpose on the third Monday in June of the present year. &$. And be it, , highways in such Township : and every party assessed upon S hj ps . the Assessment Roll of any Township, shall, if the property of such party be assessed At not more than 50, be liable to 2 days of labour; The rates. At more than 50, but not more than 100, to 3 days' labour; " 100, " 150, 4 " " 150, 200, 5 200, rt 300, 6 300, " 400, 7 < 400, " 500, 8 < 500, " 600, 9 " 600, 800, 10 " 800, 1000, 12 For every 200, above the sum of 1000, 1 " Unless the Municipality of such Township shall have directed or money by By-law, that a sum of money be paid in commutation of payment. such labour, in which case the tax chargeable against such per- son in lieu of statute labour shall be added in a separate column in the Collector's Boll, and shall by him be collected and accounted for in the same manner as any other tax: Provided Proviso: always, that the Municipal Council of every Township may by SSS^Se" 1 * 7 By-law, to operate generally and ratably, reduce or at their rates, pre- discretion increase the number of days' labour to which all the proportion 6 parties rated on the Assessment Roll or otherwise shall be liable under this Act, so that the number of days' statute labour to which each person shall be liable, shall be in propor- tion to the amount at which such person is assessed. 37. And be it, &c., That if the Collector shall not be Paymentof able to collect the sum of ten shillings named in the thirty-fifth, tax under or the tax in lieu of statute labour named in the thirty-sixth J^euof 36 ' sections of this Act, he shall levy the same by distress and sale statute ia- of the goods and chattels of the party in default, in the same manner as is hereinafter provided for the collection of other taxes; and in case no sufficient distress to satisfy the sum due by such party shall be found, then, it shall and may be lawful for the Head of any such Municipality, or any Justice of the Peace having jurisdiction in the locality, upon complaint that such party appears upon the Collectors' Roll to be rated for such 518 THE MUNICIPAL MANUAL. statute la- non-resi- Townships money at fected and AS to non- viwfhave re- quired their enteredon 9 the Roll. sum, that the same has been duly demanded and that the partj has neglected to pay the same, and that no sufficient distress can be found, to issue a Warrant under his hand and seal, and to commit the party to the Common Gaol of the County for any time not exceeding six days, unless such sum and the costs of the Warrant hereby authorized to be issued, and the execu- tion thereof shall be sooner paid. 38. And be it, &c., That in Townships the statute labour against non-residents in respect of their property shall be com- muted at the rate of two shillings and six pence currency, for each days' labour, or such other sum as may have been deter- mmed b J tne Municipal Council of the Township, as the rate of commutation for residents ; And no non-resident whose name ia n t entered on the Assessment Roll shall be admitted to per- form statute labour in respect of any land owned by him, or in liquidation of the commutation money charged against the same, and such commutation shall be charged against each such sepa- rate lot or parcel according to its assessed value, and shall as hereinafter provided be entered in a Roll by the Clerk of the Municipality and transmitted to the Treasurer of the County, to be by him collected in the same manner as any other tax ; but any non-resident who has required his name to be inserted on ^e Assessors' Roll shall be admitted to perform statute labour as a resident, and shall be liable to a fine for the non-perform- an ce thereof as if he were a resident, and if he shall not have performed his statute labour, or paid commutation for the same, the Overseer of Highways, in whose division he was placed, shall return him as a defaulter to the Clerk of the Municipality before the first day of September, and the Clerk shall in that case enter the commutation for statute labour against his name in the Collectors' Roll, and if at any time before the first day of May next ensuing, any owner of non-residents' land which shall have been returned as such to the Treasurer of the County, shall have given in writing to the Treasurer a list of the lands owned by him in the Municipality, and shall have tendered to him the taxes in full on such land, and the just commutation money as herein provided, he shall be liable to the commutation for statute labour only upon the aggregate value of all the lands owned by him in such Municipality, but after the first day of May as aforesaid, no change shall be made in the commutation for statute labour charged against each separate parcel, in con- sequence of several such parcels being owned by the sama party. THE MUNICIPAL MANUAL. 519 COLLECTION OF RATES. 39. And be it, &c., That it shall be the duty of the Clerk cierkofthe of every City, Town, Village or Township, to make out a Col- toSSSoi? lector's Roll for the Township or Village, or for each Ward in a Collector's rt-i m i \L i i ' 11 i. Roll; i* 3 the City or Town, as the case may be, on which snail be set form and down the name in full of each party assessed, and the correct conteuts - assessed value of the real and personal property of each party, and all the values so set down shall be those ascertained after the final revision of the assessments as hereinbefore provided, and he shall also calculate and set down the amonnt for which each party is chargeable, for any sum or sums ordered to be levied by the Municipal Council of the County for County purposes, under the head of " County Rate," and he shall also calculate and set down on the Roll, in a separate column, oppo- site to the names and lots therein, the amount with which each party is chargeable for any sum or sums ordered to be levied by the Municipal Council of the Township, Village, Town or City, for Township, Village, Town or City purposes, or for commutation of statute labour; and which column shall be headed "Township Rate," "Village Rate," "City Rate," or " Town Rate," as the case may be, and whenever there shall be any special rate for collecting the interest upon Debentures issued, or any local rate or school rate or any other special rate, the proceeds of which are required by law or by the By-law imposing it to be kept distinct and accounted for separately, each such rate shall be calculated separately, upon the revised assessments, and shall be in a column headed " Special Rate," " Local Rate," " School Rate," or as the case may be, and all p u bii c taxes moneys to be assessed, levied and collected under the authority nderi3&i4 of the Act passed in the Session held in the thirteenth and any other r fourteenth years of Her Majesty's Reign, and intituled, An Act a s c / e ' 8 g d be co i. to provide funds for defraying the cost of the erection of the lected in the Lunatic Asylum and other Public Buildings in Upper Canada, ie or under any other Act in force or hereafter to be in force in rates - Upper Canada, by and under which any moneys raised by local assessment or taxes are payable to the Receiver General of the Province, or to any other Public Officer of this Province, for the public uses of the Province, or for any special purpose or use mentioned in such Act, shall be assessed, levied and collected in the same manner as local rates, and shall be simi- larly calculated upon the assessments as finally revised, and shall be entered in the Collector's Rolls in a separate column headed " Asylum Rate," or as the case may be, and the Clerk shall deliver the Roll so made certified under his hand, to the Col- lector on or before the first day of October, or such other day as may be prescribed by any By-law of the Municipality. 520 THE MUNICIPAL MANUAL. cierk to of lands of non-resi- dents whose nottafhe Assessment transmJut City Cham- beriam. Duties of Coiiection if payment be not made, Collectors to levy the tax Jiren; and 4O. And be it, &c., That it shall be the duty of the Clerk of every City, Town, Village or Township, to make out a Roll i n which he shall enter the lots, parts of lots or parcels of land , . , assessed against non-residents, whose names have not been set ^own m Q Assessor's Roll, together with the true valuation of each parcel as finally ascertained after the revision of the As- sessment Rolls, and he shall enter opposite to each lot or parcel a ^ ^ e ra ^ es or taxes with which the same are chargeable by any By-law of the Municipality or of the County, or by any ^^ Q f fo Q Legislature, in the same manner as is hereinbefore provided for the rates and taxes to be calculated and entered upon the Collectors' Roll; and he shall transmit the Roll so made out, certified under his hand, to the Treasurer of the County in which his Municipality is situate, or to the City Chamberlain, as the case may be, at the same time as is pre- scribed for the delivery of his Roll to the Collector. 41 And be it, &c., That every Collector upon receiving his Collection Roll, shall proceed to collect the taxes therein mentioned, and for that purpose shall call at least once on the party taxed, or at the place of his usual residence or domicile or place of business, if within the Township, Village, Town or City in and for which such Collector has been appointed, and shall demand payment of the taxes charged on the property of such party ; and if any person whose name appears on his Roll shall not be resident within the Municipality, he shall transmit to him by post a statement and demand of the taxes charged against him in the Roll, and the Collector shall not receive any money on account of any lands not set down on his Roll. 4S And be it, <&c., That in case any party shall refuse O r neglect to pay the taxes imposed upon him for the space of r , , r j i fourteen days after such demand made as aforesaid, the Collec- ^ or s ^ ia ^ ^ QV J ^ e same w ^^ cos ^ s ^7 distress and sale of the goods and chattels of the party who ought to pay the same, or of any goods or chattels in his possession, wherever the same may be found within the Township, Village, Town or City in which he is the Collector; and at any time after one month from the date of the delivery of the Roll to him, the Collector may make distress of any goods and chattels which he may find upon any of the land of non- residents on which the taxes inserted against the same on his Roll have not been paid ; and no claim of property, lien or privilege thereupon or thereto, shall be available to prevent the sale, or the payment of the taxes and costs out of the proceeds thereof. 43. And be it, &c., That the Collector shall give public notice of the day of sale, and of the name of the party whose THE MUNICIPAL MANUAL. 521 property is to be sold, or in case of a non-resident whose name in what is not known to the collector, of the number and description of m the lot on account of the taxes on which the distress was made, which notice shall be given at least six days previous to the sale, by advertisement posted up in at least three public places in the Township, Village or Ward wherein such sale shall be made ; and the sale shall be m&de by public auction. 44. And be it, &c., That if the property distrained shall Surplus to be sold for more than the whole amount of the taxes and costs, U ncSmed, the surplus shall be returned to the party in whose possession to the party , ,. J , . in whose pos- such property was when the distress was made, n no claim to session the such surpkis shall be made by any other party, on the ground that the property sold belonged to him, or that he is entitled by lien or privilege to such surplus ; and if any such claim be made and be admitted by the party for whose taxes the same was distrained, the surplus shall be paid to such owner, but if if the right such claim be contested, the surplus money shall be paid over Jj^j}* be by the Collector to the Township, Village or Town Treasurer or contested. City Cha^Q^jrlain, who shall retain the same until the respective rights of tue parties shall be determined by action at law or otherwise. . And be it, required by the Upper Canada Assessment Act of one thou- JSSStag sand eight hundred and fifty, the sales of such lands thereafter ^f^ertise 1 shall not on that account be illegal, but all arrears of taxes and as required the expenses of advertising (if any) may be collected under ^fe^Act of this Act, and on non-payment thereof, any parcel of such 1850. lands, as soon as any part of the tax thereon has been five years in arrear, may be sold according to the provisions of this Act. 63. And be it, &c., That every Sheriff shall be entitled to Sheriff to receive five per cent, commission upon all sums collected by cen? v c 8 oi- per him under any Warrant hereinbefore required to be issued by Jjjjj, " n the Treasurer of the County, and whenever any distress of him collect- goods and chattels is made by the Sheriff under such Warrant, ed< he may proceed to sell the same in the same manner and sub- ject to the same provisions as are contained in the forty-second, forty-third and forty-fourth Sections of this Act, with respect to distress made by a Collector, and he may charge Ten Shil- Fees for dia- lings for each distress and sale; and whenever any land is sold gaief&c. d by a Sheriff according to the provisions of the fifty-ninth Sec- tion of this Act, he may receive the sum of Five Shillings for May te add- the sale of each separate parcel, and the Sheriff may add the i d commission and fees which he is hereby authorized to charge 528 THE MUNICIPAL MANUAL. payable. for the services above mentioned, to the amount of arrears in- cluded in the Treasurer's Warrant on those lands in respect of Nootherfees which such services were severally performed, and he shall be entitled to no other fees or emoluments whatever for any ser- vices rendered by him relating to the collection of arrears of taxes on lands : Provided always, that if the Sheriff cannot * ve a su ffii ent description of any land sold by him without a search in the Registrar's Office to ascertain the description and boundaries of the whole parcel as returned to him in the Trea- surer's Warrant, he shall in addition to the charges herein- before authorized be entitled to charge the fee for the necessary search. Registrar's Office. Owners may within one year redeem estate sold, by paying purchase money and 10 per cent, thereon. After expira- tion of year allowed for redemption, Sheriff to de- liver a Deed of Sale of land to the purchaser. Certificate for registra- tion. Fee to Registrar. 64. And he it, &c., That the owner of any real estate which may hereafter be sold for non-payment of taxes, or his heirs, executors, administrators or assigns, may at any time with- in one year from the day of sale, redeem the estate sold, by paying or tendering to the County Treasurer, for the use and benefit of such purchaser or his legal representatives, the sum paid by him, together with ten per cent, thereon, and the said Treasurer shall give to the party paying such redemption money a receipt, stating the sum paid and the object of payment, and such receipt shall be evidence of the redemption. 65. And he it, cc., That if the land be not redeemed within the period hereinbefore allowed for its redemption, the Sheriff shall, on the demand of the purchaser, at any time after the expiration of the said period of one year, and on payment of the sum of Five Shillings to him by such purchaser, execute and deliver a Deed of Sale of such land to the purchaser, his heirs and assigns ; and such Deed shall state the date and cause of the sale and the price, and shall describe the land by its situation, boundaries and quantity, and shall have the effect of vesting the land in the purchaser, his heirs and assigns in fee simple, free and clear of all charges and incumbrances thereon, except taxes accrued since those for the non-payment whereof it was sold; and the Sheriff shall also give the pur- chaser a Certificate of the execution of such Deed, containing the particulars aforesaid, under his hand and seal, which for the purpose of registration of the Deed in the Registry Office of the proper County shall be deemed a Memorial th'ereof, and the Deed shall be registered, and Certificate of the Registry thereof granted by the Registrar on production to him of the Deed and Certificate, and without further proof; and the Registrar shall, for the Registry and Certificate thereof, be entitled to Three Shillings and Six Pence, and no more. THE MUNICIPAL MANUAL. 529 66. And be it, &c., That the Registrar of every County Registrars of shall register any Sheriff's Deed of land sold for taxes before ^Se'rVnV the first day of January, one thousand eight hundred and fifty- r l F J I J eds 1(1 one, according to the provisions of the Act of the Parliament f 0r taxes of Upper Canada, passed in the sixth year of the Reign of His ^^Ic^of Majesty King George the Fourth, and intituled, An Act to TJ. c. 6 Geo. amend and make permanent a certain Act of the Parliament IV * c - 7< of this Province passed in the fifty-ninth year of the Reign of His late Majesty King George the Third, intituled "An Act to repeal the several Laws now in force relative to levying and collecting Mates and Assessments in this Province, and further to provide for the more equal and general assessment of lands and other ratable property throughout this Province," and to render more effectual the several laws of this Province imposing rates and assessments, by providing under certain restrictions, for the levying such rates and assessments by tlie sale of a portion of the lands on which the same are charged, notwithstanding the repeal of the said Act by the Act passed Notwith- in the Session held in the thirteenth and fourteenth years of jS^g^ Her Majesty's Reign, intituled, An Act to repeal the Acts and Act by 13 & provisions of law relative to Assessments and matters connected 14Vic - c - 66> therewith in Upper Canada. 67'. And be it, an d a ^ sums which may at any time be paid to any Municipality out of the Non- Resident Land Fund of the County, shall form part of the general funds of such Munici- Proviso. pality ; Provided always, that the several Municipalities shall not be held answerable for any deficiency arising from abate- ments or inability to collect any tax on personal property. Debentures AH arrears charge 1 upon the lands subject to them, & C . Deficiencies in certain b credit of the dent*Land Fund, &c. By whom to be negociat- Payment of ? res pro- 1 for> . And be it, &c., That it shall be lawful for the Muni- c *P a * Council f the County from time to time, by By-law, to authorize the Warden to issue Debentures upon the credit of ^ e sa ^ Non-Resident Land Fund for sums not less than Twenty-five Pounds each, so that the whole of the Debentures, at any time issued and unpaid, shall not exceed two-thirds of all the arrears then due and accruing upon the lands in the County, together with such other sums as may be in the Treasurer's hands, or otherwise invested to the credit of the said fund ; and such Debentures shall be negotiated by the Warden and Treasurer of the County, and the proceeds shall be paid into the said fund, and the interest thereon, and the principal, as they fall due, shall be payable out of the said fund, and such Debentures shall in no case be at a longer date than eight years. 71. And be it, &c., That if at any time it shall occur, ^ at there shall not be in the Non-Resident Land Fund moneys sufficient to pay the interest upon any Debenture, or to redeem the same when due, such interest or Debentures shall neverthe- less be payable out of the General County Funds, and the pay- ment thereof may be enforced in the same manner as is by law provided in the case of other County Debentures. THE MUNICIPAL MANUAL. 531 . And be it, <&c., That it shall be lawful for the Munici- Surplus of pal Council of the County, from time to time, to pass By-laws apportioning the surplus moneys in the Non- Resident Land Fund to be Fund amongst the several Municipalities, ratably according to among MU- the moneys received and arrears due on account of the Non- nicipaiities. Resident lands in each Municipality ; but such apportionment shall always be so limited that the Debentures unpaid shall never exceed two thirds of the whole amount to the credit of such fund. 73. And be it, &c., That the Treasurer shall not be en- Treasurer's titled to charge to, or receive from the person paying taxes, any per centage thereon, but may receive from the fund such per centage upon all moneys in his hands, or such fixed salary in lieu thereof, as the County Council may by By-law direct. 74. And be it, <&c., That it shall be the duty of the Annual County Treasurer to prepare and submit to the County Council tiws3d ntt at its first Session in January every year, a Report, certified by Fu , nd * * A , . ,., x / -i V ti-c i T-. i submitted to the Auditors, of the state of the non-Resident Land Fund, the county which Report shall contain an account of all the moneys received theTrea? y and expended during the year, ending on the thirty-first of De- surer; what cember next preceding, distinguishing the sums received on ac- ll sha11 shew - count of and paid to the several Municipalities, and received and paid on account of interest or Debentures negotiated or redeemed, and the sums invested and balance in hand; a list of all Debentures then unpaid, with the dates at which they will become due ; and a statement of all the arrears then due, dis- tinguishing those due in each Municipality, and the amount due on Lands then advertised for sale, and which by law may be advertised during the ensuing year; and it shall be the duty copy to be of the Warden to cause a copy of such Report tobetransmitteid to the Provincial Secretary for the information of the Governor secretary. General. 75. And be it, &c., That whenever in the foregoing Sec- interpreta- tions providing for the collection, funding and management of JJJJ ^ O c r e d r ~ the arrears of taxes on the land of non-Residents, the words, in foregoing "County," "Treasurer" and " Sheriff " occur, such words, as sections - far as relates to the collecting, funding and managing the arrears of taxes on the lands of non-Residents in Cities, shall be held to mean respectively, "City," Chamberlain' 7 and " High Bailiff." RESPONSIBILITY OF OFFICERS. 76. And be it, &c., That every Township, Village, Town Treasurers or County Treasurer, or City Chamberlain, and every Collector, ? to^ve before entering upon the duties of his office, shall enter into a 1 ^' and 532 THE MUNICIPAL MANUAL. bond with two or more sufficient sureties, in such sum as the Municipal Council of the County or the Township, Village, Town or City Council shall require by any By-law to be passed in that behalf, and in the manner required by such By-law, and in conformity to all the provisions thereof, and such sureties shall be to the satisfaction of such Municipal Corporations respective- ly, and such bond shall be to the Township, Village, Town, City or County, by its corporate name, and shall be conditioned for the faithful performance of the duties of such Treasurer, Cham- berlain or Collector. Penalty on f7. And be it, or sbal1 wilfully an <* fraudulently insert the name of any assessment, person who should not have been entered in such Roll, or omit collection, j^ e name O f an y p erson wno should have been entered in such Roll, according to the true intent and meaning of this Act, or shall wilfully omit any duty required of him by this Act, he shall be guilty of a misdemeanor, and upon conviction there- of before any Court of competent jurisdiction, he shall be liable to a fine not exceeding Fifty Pounds (and to imprisonment un- til the fine shall be paid,) or to imprisonment in the Common Gaol of the County or City, for a period not exceeding six cal- endar months, or to both, in the discretion of the Court whose duty it shall be to pass the sentence of the law on such offender ; Evidence of and proof to the satisfaction of the Jury, that any real property *uch fraud. wa s assessed by such Assessor at an actual or yearly value, greater or less than its true actual or yearly value, by thirty per centum thereof, shall be prima facie evidence that such assess- ment was fraudulent and unjust, and the Assessor convicted of having made any fraudulent and unjust assessment, shall be sentenced to the greatest punishment, both of fine and impri- sonment, allowed by this Act. THE MUNICIPAL MANUAL. 533 79. And be it, &c., That if any Collector shall refuse or Proceedings neglect to pay to the Township, Village or Town Treasurer or gSS City Chamberlain, or to such other person as shall be legally j:^ e 8 r rea ' authorized to receive the same, the sums contained on his Roll, account for or duly to account for the same as uncollected, the Treasurer of 1 JJ* 8 ^ r the Municipality or City Chamberlain shall, within twenty days their hands, after the time when such payments ought to have been made, fn sherKr issue a warrant under his hand and seal, directed to the Sheriff nigh Bailiff. of the County, or to the High Bailiff of such City, command- ing him to levy such sum as shall remain unpaid and unac- counted for with costs, of the goods, chattels, lands and tenements* of such Collector or his sureties, and to pay to the Treasurer of the Municipality or City Chamberlain, the sum so unaccounted for, and to return such Warrant within forty days after the date thereof, which Warrant the said Treasurer or Chamberlain shall immediately deliver to the Sheriff of the County or High Bailiff of the City, as the case may require. 8. And be it, &c., That the Sheriff or High Bailiff to sheriff, &c., whom the Warrant is directed, shall, within such forty days, ^JfSJJJ* cause the same to be executed, and make return thereof to the rant. Treasurer or City Chamberlain, and shall pay to him the money levied by virtue thereof, deducting for his fees the same com- pensation which the Collector would have been entitled to retain. 81. And be it, &c., That if any Sheriff or High Bailiff sheriff or shall refuse or neglect to levy such money, or any money which nl'fiectogto he shall be commanded to levy in any VVarrant lawfully issued levy under under this Act by auy Treasurer or Chamberlain, or to pay over ran?, &" to the same, or shall make a false return to such Warrant, or Jj^gjjjj neglect or refuse to make any return, or shall make an insufficient a^d mode of re turn, it shall and may be lawful for the Treasurer or Cham- berlain, to make application in a summary manner upon affidavit sa of the facts, to either of the Superior Courts of Common Law Jurisdiction in Upper Canada in term time, or to any Judge of either of the said Courts in vacation, for a Rule or Summons calling upon such Sheriff or High Bailiff to answer the matter of such affidavit, which said Rule or Summons shall be return- able at such time as the Court or Judge shall direct ; and upon the return of such Rule or Summons, it shall and may be law- ful for the Court or Judge to proceed in a summary manner upon affidavit, and without formal pleadings, to hear and deter- mine the matters of such application ; and if the Court or Judge shall be of opinion that the Sheriff or High Bailiff has refused or neglected to levy such money, or to pay over the same, or has made a false return or neglected or refused to make any 534 THE MUNICIPAL MANUAL. Fees to Coroner. Penalty on Sheriff or High Bailiff wilfully neg- lecting his duty under this Act. Application of penalty. Money sleyy- able under the U. C. Public Build- ing Act, 13 & 14 Vic. c. 68, to be assess- ed Ac., in like manner as other local taxes. To be deem- ed moneys collected for County or City pur- poses, so as to charge the Collector, &c. return, or has made an insufficient return, it shall and may be lawful for the Court or Judge, and the Court or Judge is here- by required to order the proper officer of such Court to issue a Writ Fieri Facias adapted to the case, directed to a Coroner of the County in which the said City or other Municipality is situate, which said Writ shall direct the said Coroner to levy of the goods and chattels of the said Sheriff or High Bailiff, such sum as such Sheriff or High Bailiff may have been ordered to levy by the Warrant of the said Treasurer or City Chamberlain, together with the costs of such application and of execution ; and such Writ shall bear date on the day of issuing the same, whether in term or in vacation, and shall be returnable forth- with, and the Coroner executing any such Writ shall be entitled to the same fees and no more, as upon a Writ grounded upon a judgment of the Court. 83. And be it, &c. That if any Sheriff or High Bailiff shall wilfully omit to perform any duty required of him by this Act, and no other penalty be hereby imposed for such omission, he shall be liable to a penalty of Fifty Pounds, to be recovered from him in any Court of competent Jurisdiction at the suit of the Treasurer of the County or Chamberlain of the City; and the said penalty, as well as any penalties recovered under the preceding sections, shall be paid to the Treasurer or Chamber- lain for the uses of the Municipality or City respectively. 3. And be it, &c. t That all money to be assessed, levied and collected under the authority of the Act passed in the Ses- sion held in the thirteenth and fourteenth years of Her Majes- ty's Reign, and intituled, An Act to provide Funds for defray- ing the cost of the erection of the Lunatic Asylum and other Public Buildings in Upper Canada, or under any other Act in force or hereafter to be in force in Upper Canada, by and under which, any moneys raised by local assessment or taxes are payable to the Receiver General of the Province, or to any other Public Officer of this Province, for the public uses of the Province or for any special purpose or use mentioned in such Act, shall be assessed, levied and collected by and accounted for and paid over to the same persons and in the same manner and at the same time, as local taxes, rates or assessments imposed on the same property for County or City purposes; and any such moneys as aforesaid shall in Law and Equity be deemed and taken to be moneys collected for such County or City so far as to charge every Collector, Chamberlain or Treasurer with the same, and to render him and his sureties responsible for the same and for every default or neglect of such Collector, Cham- berlain or Treasurer in regard to the same in like muiin^ as THE MUNICIPAL MANUAL. 535 for or with regard to moneys to- be assessed, levied and collected for the use of such City or County. 84. And be it, &c., That all moneys collected by any HOW such Township, Town or Village Collector for County purposes or for any of the purposes mentioned in the next preceding section, whei * * are and shall be payable by such Collector to the Township, Town or Village Treasurer, and by him to the County Trea- surer, and that the Township, Town or Village Municipality is and shall be responsible for all such moneys to the County Municipality, and that any bond and security given by any Col- JjjaJ Trea- lector or Treasurer to the Township, Town or Village Munici- accountable pality, that he will duly account for and pay over all moneys for them - collected or received by him, does and shall apply to all moneys collected or received by such Collector or Treasurer for County purposes, or for any of the purposes mentioned in the next pre- ceding section. 8*. And be it, &c. } That the Treasurer of every Township, Treasurer of Town or Village, shall within fourteen days after the time JJS^pJy appointed for the final settlement of the Collector's Rolls, pay over money over to the Treasurer of the County all moneys which were assessed atid by law required to be levied and collected in the Municipality for County purposes, or for any of the purposes surer mentioned in the eighty-third section of this Act, (retaining for his fees two and a half per cent thereon,) and if default is Mode of en- made in such payment, the County Treasurer may retain or stop a lite amount out of any moneys which would otherwise be payable by him to such Municipality, or may recover the same by a suit or action for debt, or may, whenever the same has been an arrear for the space of three months, by Warrant under his hand and seal, reciting the facts, direct the Sheriff of the County to levy and collect the amount so due with interest and costs from the Municipality in default ; and the Sheriff HOW the upon the receipt of such Warrant shall proceed to levy and ^y^? collect the said amount, as if the said Warrant had been a Writ amount. of Execution issued by a competent Court of law, and he shall levy the said amount in the same manner and shall charge the same costs as is provided by the one hundred and seventy-ninth section of the Municipal Corporations Act of one thousand eight hundred and forty -nine, in cases of Writs of Execution. 86. And be it, &c., That the County Treasurer or City Chamberlain shall be accountable and responsible to the Crown for all the moneys to be assessed, levied and collected for any of the purposes mentioned in the eighty-third section of this Act, and he shall pay over such moneys to the Receiver General, money*! 111 536 THE MUNICIPAL MANUAL. Comities and responsible Crown and other the ir n i?ea for and paid Treasurer ties tobe Ure " responsible Couuty,L. less two and a half per cent, to be retained for himself, and the two and a half per cent, retained by the several Township, Town or Village Treasurers as hereinbefore authorized. 87. And be it, <&c. y That each and every County or City is and shall be accountable and responsible to Her ^ a j es ty> an( * to all other parties interested, that all moneys coming into the hands of the Treasurer or Chamberlain of such County or City in virtue of his office, shall be by him duly paid over aD ^ accounte d f r according to law ; and such Treasurer or Chamberlain and his sureties shall be responsible and ac- counta ble f r suc h moneys in like manner to the County or City, and any bond or security given by him that he will duly account for and pay over moneys coming into his hands belong- ing to such County or City, shall be taken and shall apply to all such moneys as are first above mentioned in this section, and may be enforced against such Treasurer or Chamberlain in case of default on his part, duly to account for and pay over any such moneys; and that if such default shall relate to school mone y s or other public moneys of the Province, Her Majesty may enforce the responsibility of the County or City, by stopping or retaining a like amount out of any public moneys which would otherwise be payable to such County or City, or to the Treasurer or Chamberlain thereof, or by suit or action against such Corporation ; and any party aggrieved by the default of any such Chamberlain or Treasurer may recover the amount due or payable to him, from the Corporation of such City or County, as money had and received to his use. MISCELLANEOUS. Penalty for 88. And be it, &c., That if any person shall wilfully tear not?w| d 4c!r down, m j ure or deface any Assessment Roll, advertisement, posted 'np- ' notice, or other document, which is required by this Act to be posted up at some public place for the information of all persons interested, he shall, on conviction thereof in a summary way before any Justice of the Peace, or any other person acting in that capacity, and having jurisdiction in the locality, be liable to a fine of Five Pounds. 89. And be it) <&c., That the fines and forfeitures autho- r * ze( * to k e summarily imposed by this Act, when it is not otherwise herein provided, shall and may be levied and collected by distress and sale of the offender's goods and chattels, under the authority of any Warrant of Distress for that purpose, to be issued by the Justice or other person before whom the conviction shall have been had ; and in case there shall be no goods or chat- Recovery of i THE MUNICIPAL MANUAL. 537 tels to satisfy such Warrant, such offender shall and may be committed to the Common Gaol of the County for any period not exceeding one month. OO. And be it, &c., That this Act shall apply solely to Extent of that part of th Province called Upper Canada ; that the Inter- Act * pretation Act shall apply to this Act; that the words "County" interpreta- and "Township" shall be held to include Unions of Counties tl( and Townships while such Unions shall continue; and that the word " Ward " shall not be held to extend to or apply to any rural ward in any township ; and the words " County Council " shall include "Provisional County Council," unless there be something in the subject or context repugnant to such con- struction. 91. And be it, c&c., That this Act shall commence and Commence- have force and effect upon, from and after the first day of Jan- mentofAet - uary, one thousand eight hundred and fifty-four, and not before, except the section next following, which shall come into force Exception, immediately after the passing of this Act. 92. And be it, &c., That if any new Municipality has Case of new been erected or set apart within any County so that there shall ^S'tawiy" be no Assessment Rolls of such new Municipality for the year County pro- one thousand eight hundred and fifty-two, and that the just re^rdsthe?r share of any County tax for the year one thousand eight hundred share of , - ,/ /. , . . County taxes and nrty-three cannot be ascertained according to the provisions for isss. of the Assessment Law Amendment Act of 1851, the County Council shall nevertheless at the meeting to be held on the third Monday in June of the current year, in order to equalize the Assessment Rolls, examine the Rolls of one thousand eight hundred and fifty-two, of the former Municipality or Munici- palities of which such new Municipality then formed pait, and ascertain to the best of their judgment, what part of the assess- ment of such Municipality had relation to the new Municipality, and what part should continue to be accounted as the assess- ment of the original Municipality, and their several shares of the County tax for the year one thousand eight hundred and fifty-three, shall be apportioned between them accordingly. 93. And be it, &c., That in citing and referring to this short title Act in any Statute, pleading, instrument, or otherwise, it shall of Act - be sufficient to use the expression " The Consolidated Assess- ment Act of Upper Canada, 1853." 538 THE MUNICIPAL MANUAL. SCHEDULE A. Column 1, Name of taxable party. Column 2, Number of Concession, Street, Square or other designation of the local division in which the real property lies. Column 3, Number of Lot, House, &c., in such division. Column 4, Number of Acres, or other measures, shewing the extent of the property. Column 5, Rental of each separate parcel of real property. Column 6, Yearly value of each separate parcel, when the rental is not assessed. Column 7, Actual value of each separate parcel. Column 8, Actual value (or yearly value) of all the real property of the party assessed. Column 9, Amount of taxable income. Column 10, Total value of personal property. Column 11, Yearly value of the same. N.B. Columns 5, 6, and 11 apply only to Cities, Towns, and Villages, and Column 7 only to Townships. SCHEDULE B. Appeals to be heard at the Court of Revision, to be held at on the day of . APPELLANT. RESPECTING WHOM. MATTER COMPLAINED OF. A. B. C. D. G. H. L. M. &c. Self. E. F. 1. K. N. 0. &c. Overcharged on land. Name omitted. Not bona fide occupant. Persn'l prop'ty underchg'd. &c SCHEDULE C. Take notice that you are required to attend the Court of Revi- sion at on the day of in the matter of the follow- ing appeal : Appellant G. H. Subject (that you are not a bond fide occupant). To J. K. Signed, X. Y. Township Clerk. THE MUNICIPAL MANUAL. 539 16 VIC. CAP. 183. An Act to provide for the recovery of the Rates and Taxes intended to be imposed by certain By-laws of the late Dis- trict Councils of Upper Canada. [Assented to 14th June, 1853.] WHEREAS the District Councils of several of the late Dis- p rea mbie. tricts of Upper Canada, intending to carry into effect the enactments of the Act of the Legislature of this Province, passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act to provide for the better 4&5Vic>c . internal government of that part of this Province which for- 10. merly constituted the Province of Upper Canada, by the estab- lishment of Local and Municipal authorities therein, have, since the passing of the said Act, passed divers By-laws impos- ing rates or taxes on lands in the said Districts, and the rates or taxes so imposed, have been paid by the great majority of the inhabitants and land-holders therein ; And whereas it appears that the total sum or sums to be raised under such By-Laws, and the purposes to which they were to be applied, were not first determined by some of the said District Councils, and the sums afterwards apportioned and rated on the lands in the said Districts, but a certain rate or tax of so much per acre was at once imposed on such lands, and that the said By- laws, or some of them, were otherwise informal, and contained provisions not strictly in accordance with the said Act ; And whereas doubts may exist as to the true meaning and intention of the forty-first Section of the said Act, and it is expedient to remove any such doubts as to the powers intended to be con- ferred on such District Councils of imposing rates or taxes upon lands, and to legalize such rates as, if defective in form, were not inconsistent with the true intent and spirit of the Act above recited ; And whereas in several of the said Districts certain lands were sold for arrears of taxes which had accrued under the said By-laws, and it is expedient to remove any doubts which may exist as to the legality of such sales, and to confirm them with such provisions and limitations as shall secure the owners of the lands from any injustice : Be it, &c., That from and after the passing of this Act, no By-law of any certain By- of the late District Councils of Upper Canada shall be quashed J^ t s r ? f t late on account of any want of form, or on account or any of the councils to provisions thereof not being in strict accordance with the letter conSent of the Act hereinbefore recited, so long as such provisions are with this in accordance with the true intent and meaning of this Act. Act " 540 THE MUNICIPAL MANUAL. Certain rates sucKy-iaws confirmed, Proviso. Proviso. Rate impos- !?o y 59Geo iir. o. s, e ' by said By- tain casesT otherwise in 3. And be it, &c., That any rate or tax, or rates or taxes, intended to be imposed on the lands in any of the late Districts of Upper Canada, by any By-law or By-laws heretofore passed by the District Councils thereof, and not disallowed by the Governor, or quashed by any Court of competent jurisdiction, shall be held to be valid and justly chargeable on such lands, so long as the same did not in the whole exceed One Penny Half Penny currency, per acre, in any one year : Provided always, that no increase or accumulation of such rates, intended to be imposed or charged by any such By-law, in consequence of the non-payment of such rates, shall be held to be valid or chargeable on the said lands : Pro vided also, that if any such By-law or By-laws shall have taxed the land in any District by the acre unequally so that a different tax was intended to be levied in different Townships or localities, or a different tax upon unoccupied land from that at which land was rated on the Assessment Rolls, the whole of the land in such late Dis- trict shall be held chargeable only with the lowest tax per acre at which any of the land was so intended to be rated : Provided also, that nothing in this Act shall be held to make lawful any By-law disallowed by the Governor or quashed by any Court of competent jurisdiction as aforesaid, or the tax imposed by any By-law which rated or intended to rate unoccupied land only, and not all land. 3. And be it, &c., That if the By-laws of any of the late Di str i ct Councils shall have taxed or rated land by the acre at such an amount that the rate so imposed, together with the tax of one eighth of a Penny per acre, charged on unoccupied land, in lieu of Statute labor, by the act of Upper Canada, passed in the fifty-ninth year of the Reign of King George the Third, and intituled, An Act to repeal part of and amend the Laws now in force for laying out, amending and keeping in repair the Public Highways and Rvads in this Province, would in the whole amount to more than One Penny Half Penny per acre, the tax of one eighth of a Penny as aforesaid shall be held to have merged in the tax imposed by such By- laws, and the land shall not be held to be chargeable there- with ; but if the By-laws of any of the said District Councils shall have so taxed or rated the lands, that the District tax and the one eigth of a Penny as aforesaid, together, did not exceed One Penny Half Penny per acre, and if the said By- laws did not expressly release the land from the said tax of one-eighth of a penny, but the said tax continued to be demanded and received, from the date of the passing of the said By-law then the unoccupied land shall be held also liable to the tax of one eighth of a penny per acre. THE MUNICIPAL MANUAL. 541 t 4. And be it, &c., That any sum or sums of money which AS to taxes shall have been paid to the Collector of any Township, in satisfaction of the rates charged on the Assessment Roll, or to the Treasurer of any District, or of any County since the abolition of Districts, in satisfaction of any tax upon land, shall not be recoverable, although such rate or tax may have exceeded that which might legally have been chargeable, or may have been imposed by an informal By-law of the said District Councils; and no surcharge or additional demand shall be made, if the sums so received by such Collector or Treasurer fell short of what was legally chargeable. And all i n what land for or in respect of which any such rate or tax has been ^JSJ orsha so paid, shall be released from any liability or charge for the not be year or years in respect of which such tax was paid ; but all lands liable to assessment, and upon which payment has not been so made, shall be held chargeable with such tax, as is hereinbefore declared to be chargeable upon it, notwithstand- ing any informality in the By-laws by which such tax was in- tended to be imposed, provided that such By-laws shall not have been disallowed or quashed as aforesaid, 5. And be it, &c., That the subsequent repeal of any Repeal of by- By-law of any District Council shall not be construed law , did j? t to have extinguished the arrears of the taxes imposed or arrears! intended to be imposed by such By-law, and which were due for the years previous to the repeal of the By-law : Pro- p roT iso. vided always, that nothing herein contained shall be construed to continue the tax for the year in which such By-law was repealed, and another By-law passed in place thereof ; but in all such cases the tax or arrear of tax shall for that year be taken to be that imposed by the repealing By-law. 6. And be it, &c. , That within six months after the pass- Treasurer of ing of this Act, it shall be the duty of the Treasurer of every tTmakTout County in Upper Canada, and he is hereby required to make j^jj* j out, a list of every Lot or part of Lot in this County, upon W Mch taxes which any taxes may appear to be unpaid and in arrear, whe- a in ano- ther the said taxes accrued before or after the establishment of District Councils. And he shall set down opposite each whatitshaii Lot or part of Lot the total sum which shall appear to be so shew> due and in arrear up to the first day of January, eighteen hun- dred and fifty-three, including in such total sum the propor- tional charge for the cost of the advertisement hereinafter re- quired, and distinguishing the taxes due before any By-law of of the late District Council came into force, the taxes due un- der such By-law or By-laws, and the taxes due since the es- tablishment of County Councils. And he shall calculate the 542 THE MUNICIPAL MANUAL. amount of tax due on each Lot according to the provisions of the Act last above cited or of the Act of Upper Canada, passed Act of u. c. in tta same year of the same Reign, and intituled, An Act to 59^Geo. m. re p ea i ife several Laws now in force relative to levying and Collecting rates and assessments in this Province, and further to provide for the more equal and general assessment of lands and other ratable property throughout this Province, and subsequent Acts of the Province of Upper Canada, amending the same, until such time as any By-law of the late Districtin which the land so in arrear was then included, came into force, altering the rate authorized and imposed by the said Acts ; and from the time any such By-law as aforesaid came into force, and as long as it continued in force, he shall calcu- late the tax according to such of the provisions of this Act as define the rates and taxes which shall be chargeable upon the land in respect of the rates intended to be imposed by the By- laws of such District Councils. Such Lists to T And be it, &c., That the Treasurer of each and every be adver- County in Upper Canada, shall cause such list of lands and tized ; ana in /iii/i p what papers, arrears of taxes to be advertised for the space of one month in the Government Official Gazette, and in some one news- paper published within the County, or if none be so published See is Vic. c. in some newspaper in an adjoining County, and no other ad- vertisement of lands in arrears for taxes shall be required to be made, and no such arrears shall be included in the Collec- Lands not tor's Roll, and no lands shall be sold for the non payment of to be sold such arrears during the present year ; any thing in the Upper present year. Canada Assessment Act of 1850 to the contrary notwith- standing. Provision 8. And be it, &c., That in case any lands have been landsXi so ^ ^ or arrears ^ * axe s ; any part of which were calculated fo?tax S es im- and claimed to be due under any By-law of any of the late K^wMch 7 District Councils, which has not been quashed as aforesaid have not the Treasurer of the County in which such lands were situated ^een quas i- gj^j ^j^ju three months after the passing of this Act, pre- pare and advertise as aforesaid a list of all the lands so sold published, an ^ n ^ afterwards redeemed, which list shall shew the date &c - of sale, the amount for which the land or any portion of it was sold, the amount of tax, which was justly chargeable upon the land according to the provisions of this Act, up to the date when it was advertised previous to such sale, and also all the taxes which have been paid upon the land since the date of Proviso: cer- the sale : Provided always, that if in any District no By-law Sid iot to be was passed imposing a rate on unoccupied land, or a By-law included. was passed which did not vary the tax to which such land was THE MUNICIPAL MANUAL. 543 liable under the Assessment Laws then in force in Upper Ca- nada, it shall not be necessary to advertise the lands sold in any such District, nor shall the lands so sold be liable to be redeemed in the manner provided by the Section j}f this Act next following. 9. And le it, &c., That at any time within one year owners of after the date of the first publication of the advertisement *?* required to be made by the next preceding Section, it shall may redeem and may be lawful for the owner of any Lot or parcel of land, or for any one duly authorized on his behalf, to pay to the said Treasurer the amount justly chargeable on the land, as is here- inbefore provided, and interest thereon from the date of such sale to the date of payment, together with all taxes which have been paid by the purchaser subsequently to the sale of such lands, which payment shall be carried by the Treasurer to the account of the County ; and the said Treasurer shall there- certificate of upon, without any charge, give to the person so redeeming a redemption. Certificate, in the form prescribed in the Schedule appended to this Act, and marked A, that the land has been redeemed, which Certificate the Registrar of the County is hereby re- quired to register, upon the payment to him of a fee of Two Shillings and Six Pence, and such Certificate, and the registry Fees, thereof shall annul and make void the Deed formerly executed by the Sheriff to the purchaser of the land for arrears of taxes, and shall re-convey the land to the former owner, and give him right to the possession thereof as fully as if no such Deed of the Sheriff had been executed : Provided always, that if Proriso as to there shall be any improvements upon the land, and the land JJSson shall be in the occupation or possession of any person having such lands, a bona fide title or claim thereto, either as the purchaser at the sale for taxes or by Deed, Bond, or Written Agreement to sell from the purchaser, or from any person claiming through such purchaser, the original owner, before re-entering into pos- session, shall pay to such occupant reasonable compensation compensa- for his improvements made at any time after the expiration of de^nmSed one year from the date of sale and before the passing of this undeci2Vk. Act, and such compensation shall be determined in the man- * ^ ner and with the forms provided in case of erroneous surveys by the forty-ninth and fiftieth Sections of the Act passed in the twelfth year of Her Majesty's Reign, and intituled An Act to repeal certain Acts therein mentioned, and to make "better provision respecting the admission of Land Surveyors and the Survey of Lands in this Province, unless the said Exception, original owner choose rather to tender, and do tender to the said occupant a good and valid title to the land upon condition 544 THE MUNICIPAL MANUAL List of re- Lands to be published. Repayment topur- of his paying him the actual value thereof only, to be deter- mined as aforesaid, in which case, and in default of such occu- pant paying such value within six months after the determina- tion thereof as aforesaid, the said original owner shall have an absolute and unconditional right to evict such occupant and re-enter into possession of the land; and all costs incurred un- der this proviso shall be paid in any case by the occupant. 10.- And be it, &c., That one year after the date of the advertisement required to be made by the eighth section of this Act, it shall be the duty of the Treasurer aforesaid to publish in the manner required for the other advertisements before mentioned, a list of all lands previously sold for taxes and con- veyed by the Sheriff, but which have been redeemed in the manner provided by the ninth Section ; And the said Trea- surer shall at anytime after the redemption of the land, upon the demand of the purchaser, and the surrender by him of the Sheriff's Deed, pay out of any County money in his hands the sum for which the land was sold by the Sheriff, and the cost of the Sheriff's Deed and registry thereof, together with the interest upon the whole of such sums from the date of the sale to the date of redemption and the amount of all taxes which have been paid by the purchaser subsequently to the sale of such lands ; and if the Treasurer shall refuse or neglect to pay the same, such total sum and interest shall become a debt due by the County Council of such County, and shall be recover- able in the manner provided by law for the recovery of other debts. And the Treasurer shall cancel the Deed so surrendered to him, by writing across the face of it a Certificate in the form prescribed in the Schedule appended to this Act, marked B, and he shall deliver the Deed so cancelled, to the Registrar of the County in which the land is situate, who is hereby required without any charge to file it with the Certificate of the redemp- tion of the same land. sales of land 11. And be it, (&c.j That if any land sold for arrears of Seamedton- taxes as aforesaid shall not have been redeemed in the manner firmed; as if and within the period allowed and provided by this Act, such sales shall be confirmed and held valid as fully as if they had keen made under the authority of the Assessment laws in force in Upper Canada, previous to the passing of the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to repeal the Acts in force in Upper Canada, relative to the establishment of Local and Municipal Authorities and other matters of a like nature, and the arrears on account of which the sales took place, had not comprised any taxes imposed or intended to be imposed by any By-law of the late District Cancelling Deeds sur- rendered of lands re- 12 Vic ' THE MUNICIPAL MANUAL. 545 Councils : Provided that at the time of such sale the taxes Pnmso. (whether imposed by such By-law or by the said Assessment Laws of Upper Canada, or both) wherein arrear to the extent required by the said Assessment Laws in order to justify the sale of the lands, and that all the requirements of the said Assessment Laws relative to such sales, were complied with : Provided also, that nothing herein" contained shall be held to proviso, make valid the title to any lands which shall have been adjudged to be invalid by any Court of competent jurisdiction, or in any way to make void any judgment in any of the Supe- rior Courts of Upper Canada, or to affect any suit pending therein in which the validity of any such By-law may have been called in question. 1SJ. And be it, cfcc., That whenever the words "owner," interpret*- "purchaser*' and " occupant" occur in this Act, or the words tioudause - "he" or " his," or other words designating the owner, pur- chaser or occupant, such words shall be construed to mean such persons or their heirs, executors or assigns, and to include the singular or plural, masculine or feminine, as the case may be ; and the word " County," shall be construed to include Union of Counties. SCHEDULE A. I, Treasurer of the County (or United Counties) of do hereby certify, that I have received from the sum of being the whole amount payable accord- ing to the provisions of an Act of the Province of Canada, passed in the sixteenth year of Her Majesty's Reign, intituled, An Act to provide for the recovery of the rates and taxes in- tended to be imposed by certain By-laws of the late District Councils of Upper Canada, and chaptered in redemp- tion of lot (or part of lot, describing it or acres of lot, as the case may be,} number in the Concession of the Township of , which was sold by the Sheriff of the District of (or County of ) for arrears of taxes on the day of in the year Dated (g . gned) SCHEDULE B. This Deed is cancelled by me Treasurer of the County (or United Counties) of , the land described therein having been redeemed on the day of in the year . D ated (gi d j L2 546 THE MUNICIPAL MANUAL. 16 Vic. CAP. 186. An Act to amend tlie Laws relating to Grammar Schools in Upper Canada. [Assented to 14th June, 1853.] Notice to be 3. And be it, &c., That the Chief Superintendent of fng e t n he ap- h Scllools for Upper Canada shall, on or before the first day of portionment May in each year, notify each County Council, through the aforesaid. d er k of the Council, of the annual apportionment of Grammar School moneys to such County, and shall give notice of the Apportion- same to the Inspector General ; and such moneys shall be payable Mf P a y a ^ e to tne Treasurer of each County entitled to receive it, yearly. one half on or before the first day of July, and the other half on or before the thirty-first day of December, in each year, in such manner as may be determined by the Governor : Provided Proviso. always, that the sum or sums raised by local assessment or subscriptions for the support of Grammar Schools shall be payable each year on or before the fourteenth day of December. Apportion- 4. And be it, Aldermen and Commonalty of the said City of Toronto, and their successors for ever, upon trust, to lease the said water lots, or apply them to and for the public pur- poses of the said City, as the Common Council of the said City of Toronto, from time to time, might think fit to order or di- rect : And upon the further trust that within three years from THE MUNICIPAL MANUAL. 547 the time the said City of Toronto should occupy any of the said water lots for the uses of the said City, or lease the same, an Esplanade of one hundred feet in width, of such materials and plan as the said City of Toronto, by Act of Common Council, might order and direct, should be erected and built in front of the said lots by the said City, or the lessees of the said lots respectively, at the place designated by the letter C, on the Record maps of the Crown Land Department, and designated by the letter upon a plan of the said City and water lots annexed to the said Letters Patent, subject also to the condition that the said Esplanade shall be kept in repair by the City or its lessees, as provided for by Order in Council of 17th August, 1837; and upon the further trust, that so soon as the proprietors of such water lots, in front of the said City of Toronto, as had been granted previously to the date of the Let- ters Patent hereinbefore in part recited, should comply with the terms of the said Letters Patent, and build the said Esplanade in front of their respective lots, according to the said plan adopted by the said City of Toronto, and in the place designated on the map annexed to the said Letters Patent, to convey to such proprietors the extension of the water lots adjoining to their respective lots, as by the said Letters Patent and the map annexed thereto is provided and described, and also to convey to the owners of the water lots, according to their respective estates, pieces of land at the foot of the bank, subject to such general regulations as to buildings and general improvements under the direction of the Corporation, as may be devised by the Corporation of the said City ; And whereas most of the said water lots so granted to the said City of Toronto, have been leased by the said City, and the said leases contain a covenant on the part of the lessees, to build the said Esplanade within the time in the said Letters Patent mentioned, and according to the plan adopted by the Common Council ; And whereas License of by a certain license of occupation issued by His Excellency the Sh P March f Governor General, and bearing date the 29th day of March, 1853, under 1853, which said license of occupation was so issued in con- coundi of formity with the Orders in Council of the 9th day of Decem- 9th Dec. ber, 1852 and 29th March, 1853, His Excellency gave and S Sarch. granted to the said Mayor, Aldermen and Common Council of isss, recited, the said City of Toronto, and their successors in office, license to occupy certain other parcels of land covered with water and strips of land lying in front of the said City and in the said license of occupation described, with certain reservations in the said license of occupation set forth, to have and to hold to the said Mayor, Aldermen and Common Council of the said City and their successors in office, for and during pleasure, 548 THE MUNICIPAL MANUAL. subject nevertheless to the stipulations, terms and conditions therein mentioned ; And whereas the Corporation of the City of Toronto have, by their petition, prayed that authority may be given to the Common Council of the said City to erect the proposed Esplanade in front of and upon the said water lots, according to the conditions of the said Letters Patent, license of occupation and the leases to the several tenants thereof, and to issue Debentures for the payment thereof, payable within twenty years, redeemable by an annual rate to be levied on such holders of the said water lots, whether freehold or lease- hold, as are unwilling or unable to make their respective por- tions of the said Esplanade at their own expense, within twelve months from the first day of January, one thousand eight hundred and fifty-three ; And whereas it would greatly conduce to the prosperity and health of the said City of Toronto, that such an Esplanade should be forthwith built, and it is advisable that the prayer of the said Petition be granted : Be Corporation it, &c., That it shall and may be lawful to and for the Mayor, Aldermen an< ^ Commonalty of the said City of Toronto to enter into any contract or contracts with any person or persons who may be willing to undertake the same, to erect and build an Esplanade in front of and upon the water lots in the said City, as described in the Preamble and the Letters Patent and License of occupation therein mentioned, of such materials, and according to such plan as the Common Council of the said City of Toronto may have adopted, or may hereafter adopt re- garding the same, according to the provisions of the said Let- ters Patent. 2. And be it, t s on which have failed to construct the same within the time and in the Jjjjf"^ manner herein provided, the City Surveyor of the said City, made the by an instrument under his hand and seal, shall declare the amount which each of such owners or lessees ought to pay to them. the said City for the construction of such Esplanade upon and across such water Lots respectively, a copy of which Instrument shall be served on each such owner or lessee respectively, or sent to his address by mail, if his address be known and be within this Province, and not within the said City. If such owner or lessee shall within one month after such provision for service leave with the Clerk of the Common Council of the ^y^' said City, a notice in writing that he refuses to pay the amount owner de- declared by the said City Surveyor, as the sum payable by him 2jfdiiS3i- in respect of the improvement made across or in front of his fied wi * h the Lot, and shall also name an Arbitrator to act on his behalf for ascertained. the purpose of deciding the value of the said improvement, the Corporation of the said City shall also name an Arbitrator on behalf of the said City, and the two so chosen shall, within three days after the nomination of a person to act for the said City, select a third Arbitrator, and in case they fail to do so, the County Judge of the County of York, or of any Union of Counties for the time being, of which the County of York may be one, shall appoint such third Arbitrator; and the award or determination of such Arbitrators, or any two of them, shall be final as to the amount chargeable on the said water lots re- spectively, and the owners thereof for such improvement ; but if such owner or lessee shall not leave such notice as afore- otherwise said with the City Clerk within one month as aforesaid, then certificate of the certificate of the City Surveyor shall be conclusive as to vey y r?o"be the amount to be paid by such owner or lessee : conclusive. Provided always, that if such owner or lessee be an infant, J*/ 5011 ^ J '. ,, ,. , ... ff the owner be or non compos mentis, or under any other disability to act for unable to himself, or be absent from the Province or unknown, and there J absent ' 550 THE MUNICIPAL MANUAL. Sum finally ascertained to be a charge on the land : and payable in 20 equal annual in- stalments. How recover- able if not paid. Application of moneys received under this section. be no person in this Province known to be legally authorized to act for him in the matter upon or to whom the copy of the Instrument made as aforesaid by the City Surveyor can be served or sent, then the County Judge aforesaid, on the ap- plication of the Corporation of the City, and on being satisfied by affidavit of such fact, shall appoint an Arbitrator to act for such owner or lessee, and the said Corporation shall appoint another, and the two Arbitrators so appointed shall before they act as such appoint a third, or if they cannot agree, then the said County Judge on the application of either of them, (after notice to the other of such application) shall appoint the third Arbitrator, and the award of the said Arbitrators or of any two of them, shall be conclusive as to the amount to be paid to the said Corporation by such owner or lessee : When the amount to be paid as aforesaid shall have been conclusively ascertained by the certificate of the City Surveyor or the award of Arbitrators as hereinbefore provided, then a memoradum of such certificate or award may be registered in the Office of the Register of Deeds for the County, and being so registered, the sum therein mentioned shall thereafter be a charge upon the lands in respect of which it is payable, and the said sum shall be payable to the Corporation of the said City, in twenty equal annual instalments, to become due on the thirty-first day of December in each year, after such registration as aforesaid, with interest from the same date, (or from the day up to which the interest shall have been paid, as the case may be,) on so much of the said sum as shall be then unpaid, and the said instalments and interest shall and may be collected, and if not paid may be recovered from the own- ers or occupiers of the said lands for the time then being, in like manner, with the same accumulations, and subject to the same provisions as local taxes in the said City, and if the same be not so paid or recovered, then the said lands may be sold in like manner as the lands of non-residents may be sold for non-payment of the local taxes thereon, and the said instal- ments and interest and all lawful charges shall be paid out of the proceeds of such sale, and if the proceeds of the sale be more than sufficient to pay the same, the surplus shall be re- turned to the owner of the said lands when applied for by him : Any sums received by the Corporation of the said City un- der this Section, shall be applied towards the payment of the principal and interest of the Debentures issued under the au- thority of this Act, and shall be invested and applied in the manner provided in like cases by the Upper Canada Munici- pal Corporations Acts. THE MUNICIPAL MANUAL. 551 4L And be it, &c., That the memorandum of the certifi- On what cate or award hereinbefore mentioned, signed by the said City Surveyor, or any two of the said Arbitrators, (which may be in the form or to the effect mentioned in the Schedule here- unto annexed marked A) shall be registered by the Register of the County of York, without any further evidence of the exe- cution of the said memorandum than the signature of the per- sons who purport to sign the same, but there shall be produced to such Register at the same time, the original certificate of the said City Surveyor, and the original appointment in writing of the Arbitrators, when such memorandum is signed by Ar- bitrators, together with their award, which papers shall be filed by the said Register with the said memorandum, and for filing such papers and registering such memorandum for each lot or parcel of land such Register shall receive the sum of Two Shillings and Six Pence, and no more. 5. And be it, &c., That any By-law to be passed under By-law im- this Act, shall not be repealed until the debt or debts created mtTnot to by this Act, and the interest thereon, shall be paid and satis- Jj^JIJjj: 4 fied, and that the one hundred and seventy-eighth section of and interest the Municipal Corporations Act of Upper Canada shall extend . T> i 1 T i-L * i See 22 Vic. to any By-law passed under this Act. c . 99, s. 231. O. And be it, &c., That it shall be the duty of the Cham- Duty of the berlain of the said City of Toronto, for the time being, to keep a special account of the said Debentures, and to carry the Act amount received by him arising from the special rate so to be imposed as aforesaid to such account, and to appropriate all and every the sum and sums of money received by him on the said account solely to the liquidation of the principal and in- terest of the said Debentures. 7. And be it, &., That so soon as the said Esplanade conveyance shall be completed in the manner above mentioned, and the J,J *J t r the general regulations as to buildings and improvements under sons accord- the direction of the Corporation upon the system devised by SS-usu them, shall have been complied with, the Mayor, Aldermen Letters and Commonality of the said City of Toronto shall forthwith convey to the several and respective owners of the said water recit ed. lots entitled to the same under the said Letters Patent, the several and respective pieces, parcels and strips of land set forth and described by the said Letters Patent, and designated on the map or plan thereto annexed : Provided always, that Proviso. it shall and may be lawful for any of the owners, proprietors Annual pay- or lessees of the said water lots, to erect and build that pur- 3 tofe* 6 " tion of the said Esplanade, fronting upon or crossing their imposed only 552 THE MUNICIPAL MANUAL. who do not said respective premises, upon giving notice in writing to the Silre of the Chamberlain, for the time being, of the said City of Toronto, Esplanade, within two months after the passing of this Act, of his and ma P buii their intention so to do, and erecting and building and com- the Espia- pleting the same, according to the conditions of the said Let- Sveafon 1 " ters P atent an <* the said map and plan, within one year from giving notice the passing of this Act; And the said special rate authorized beriain. &m ~ to be levied by this Act, shall be rated, imposed and assessed upon such only of the said owners, lessees and proprietors of the said water lots as shall neglect to give the said notice, or refuse to erect and build the said Esplanade as aforesaid ; And Esplanade to provided always, that the said Mayor, Aldermen and Common- edwUhTna " al . tv f tne said Citv > sna N commence the said Esplanade certain time, within one year from the said twenty-ninth day of March, one thousand eight hundred and fifty-three, and shall comply with, observe and perform all and every the reservations, limitations and conditions contained in the said License of Occupation mentioned and in part recited in the Preamble to this Act. Recital of 8. And whereas by Letters Patent from the Crown, dated tfnt'gr'ant ^e fo urteentn <^ av of July, in the year of our Lord, one thou- ing land in sand eight hundred and eighteen, a certain space or strip of fo 8 r 1 ap n ubHc St land j denominated by the Letter H, on the plan of the then walk or mail. Town of York, commencing at the top of the bank in the western limit of the old Government Buildings reservation, ad- joining the south-east angle of the said Town, then, north six- teen degrees west four chains, more or less, to tre southern limit of Palace Street, then along the southern limit of the said street, and also following the southern limit of Market Street and Front Street, until it intersects the western limit of Peter Street at the west end of the said Town : then, south sixteen degrees east five chains, more or less, to the top of the bank, following its several turnings and windings to the place of beginning, containing thirty acres, more or Jess, with allowance foi the several cross streets leading from the said Town to the water, was vested in John Beverly Robinson, William Allan, George Crookshank, Duncan Cameron and Grant Powell, all of the Town of York, Esquires, their heirs and assigns, for ever, in trust to hold the same for the use and benefit of the inhabitants of the then Town of York, as for a public walk or mall in front of the said Town : Be it y d-c., The said That the said Trustees, or the survivors of them, shall have transferred* P oweF to transfer and convey the land so held by them as to Corpora- aforesaid to the Mayor, Aldermen and Commonalty of the poTefof tbT City of Toronto, to hold the same upon the same trusts and Esplanade, conditions as are expressed in the Leters Patent above refer- THE MUNICIPAL MANUAL. 55B red to; or the said Trustees may, at their option, surrender and re-convey the said land to Her Majesty, and the Gover- nor of this Province may thereupon, by an Order in Council, or otherwise, transfer and convey the said land to the said Mayor, Aldermen and Commonalty of Toronto, upon the same trusts and conditions as are above expressed j and the said Mayor, Aldermen and Commonalty of the said City of Toronto shall have power by this Act, either to make the public walk contemplated in the original grant to the Trustees aforesaid, and grant to or to continue the Esplanade aforesaid through and in front the Clty- of the said land, or to make such other improvements upon it, for public purposes, as the said City, by its Mayor, Aldermen and Commonalty, may from time to time deem meet ; the said Mayor, Aldermen and Commonalty being empowered by this Act to defray the expense of such last mentioned improvements out of the proceeds of the Debentures by them hereinbefore authorized to be issued as aforesaid. 0. And be it, &c., That all Documents, Securities, or de- Certain in- bentures, bona fide executed or issued before the passing of confirmed 8 , this Act, by or to the said Mayor, Aldermen and Commonalty ^^\ of the said City of Toronto, in the name of the said City of monomer of Toronto, or in any other form of words designating the same, J^n^f^ 01 * and to which the Corporate Seal of the said City has been Toronto. bona fide affixed, shall be good and valid, notwithstanding any variation in the use of the Corporation name of the said City in such Instruments from the form of words prescribed by the Upper Canada Municipal Corporations Act of 1849. 1O. Provided always, &c., That nothing in this Act shall Right of apply to or affect any lands or property vested in the Principal Sepa?tment Officers of Her Majesty's Ordnance, or shall be construed as saved, given any power to the Mayor, Aldermen and Commonalty of the City of Toronto, to take, use or occupy any such lands, or to oblige the said Principal Officers to do any thing or allow any thing to be done in respect thereof, or in any way to in- terfere with or affect the rights of the said Principal Officers. 11. Provided also, <&c., That nothing herein contained Land in shall be construed to impair or affect the right of Her Ma- S^nt** 1 " jesty to the land in front of the lot now occupied by the Par- Buildings re- liament Buildings at Toronto, and extending from Simcoe Esplanade* Street to John Street, but such land shall be and remain vest- thereon to ed in Her Majesty for the public uses of the Province, and that part of the said Esplanade along and upon such land shall ment * be made under the superintendence of the Commissioners of Public Works. 554 THE MUNICIPAL MANUAL. Provision touching Railways crossing or carried along &c., the Esplanade. Compensa- tion by such Company. \2. And be it, &c. t That it shall not be lawful for any Railway Company to carry their Railway along, upon or across the said Esplanade, without the consent of the Governor in Council, nor if such consent be granted shall any such Railway be carried along, upon or across the said Esplanade, except upon such line or lines, upon such level, in such manner, and subject to such regulations and conditions as the Governor in Council shall, upon the Report of the Board of Railway Com- missioners think fit to direct and make; and any Railway Company which shall be allowed to carry their Railway along, upon or across the said Esplanade, shall pay such compensation to the said Corporation as shall be agreed upon by the said Corporation and the Company, or if not so agreed upon, shall be fixed by the said Board of Railway Commissioners, and such compensation if so fixed as last aforesaid, may be fixed at a sum payable once for all or at a certain sum payable periodi- cally; and if any Railway Company whose Railway shall be carried along the said Esplanade, shall be desirous of having a terminus upon or in the vicinity of the said Esplanade, then such terminus may be made at such place, and with such extent of ground, and subject to such other conditions as the said Board of Railway Commissioners shall determine. NoDeben- 13. And be it, &c., That no Debentures of the said Cor- this S Act to* poration of the said City of Toronto, to be issued under the S under 6 * r aut hority ^ tQ i s Act, s ^ a ^ be so ^ by tne sa ^ Corporation for * r less than their par value, bearing six per cent, interest per annum. Public Act. 14. And be it, &c. } That this Act shall be a Public Act. Board of Railway Commission- ers to settle terminus of any such. Railway. SCHEDULE A. ESPLANADE DEBT. No. of Lot. Name of Owner. Description of Land. Amount chargeable thereon in favor of the City of Toronto for Esplanade improvement. 1 John Jones. In front of Water Lot No. 5, grant- ed or leased to Joseph Styles, or described as fol- lows, that is to say : bounded East by, &c. Forty Pounds. John Doe, ) . Rich. Roe, f Arl or Wright Line, City Surveyor. THE MUNICIPAL MANUAL. 16 VIC. CAP. 221. An Act to continue and extend the Act to enable the County of Welland Municipal Council to purchase the Great Cranberry Marsh, and for other purposes. [Assented to 14th June, 1853.] 16 VIC. CAP. 222. An Act to attach a certain portion of the Township of King- ston, in the County of Frontenac, to the Township of Pitts- burgh, for Municipal and other purposes. [Assented to 14th June, 1853.] 16 VIC. CAP. 223. An Act to specify the time when an Act of the present Session, relating to the Townships of Kingston and Pittsburgh, shall come in force. [Assented to 14th June, 1853.] 16 VIC. CAP. 224. An Act to establish the Boundary Lines of Lots in certain JZanges in the Township of Grenville. [Assented to 14th June, 1853.] 16 VIC. CAP. 225. An Act to confirm certain titles in the Township of Aldborough, and rectify difficulties which have arisen from an erroneous Survey. [Assented to 14th June, 1853.] 555 16 VIC. CAP. 226. An Act to divide the Townships of Yonge and Escott in the United Counties of Leeds and Grenville. [Assented to 14th June, 1853.] 16 VIC. CAP. 227. An Act to vest in the Board of Works, a certain portion of Church Street in the Town of London. [Issented to 14th June, 1853.] 556 THE MUNICIPAL MANUAL. 16 VIC.CAP. 228. An Act to confirm a certain Allowance for Road in the Town- ship of Monaghan, and to provide for the compensation of persons suffering loss by the confirmation of such Allowance. [Assented to 14th June, 1853.] 16 TIC. CAP. 229. An Act to invest certain portions of East York street, East Bathurst street, and Wellington Street, in the Town of London, in the Great Western Railway Company. [Assented to 14th June, 1853.] 1C VIC.-CAP. 230. An Act to establish the Boundary of Lots in the West Gore in the Township of Beverley. [Assented to 14th June, 1853.] Proceeds of Reserves to form two funds, one for U. C. and one for L. C. Of what such funds shall respectively consist. 18 VIC.CAP. 2. An Act to make better provision for the appropriation of Moneys arising from the Lands heretofore known as the Clergy Reserves, by rendering them available for Munici- pal purposes. [Assented to 18th December, 1854.] WHEREAS, &o., And be it, &c. : 1. The Moneys arising from the Clergy Reserves in Upper Canada shall continue to form a separate Fund which shall be called the Upper Canada Municipalities Fund, and the moneys arising from the Clergy Reserves in Lower Canada shall con- tinue to form a separate Fund, which shall be called The Lower Canada Municipalities Fund : 2. And be it, &c. y The Municipalities Fund for each sec- tion of the Province respectively, shall consist of all moneys arising from the sale of Clergy Reserves in that section of the Province, whether now funded or invested either in the United Kingdom or in this Province, or remaining uninvested or hereafter to arise from such sales, the Interest and Divi- dends of moneys forming part of such Fund, the interest upon sales of Clergy Reserves in that Section of the Province, on credit, and rents, issues and profits arising from Clergy Re- serves therein demised or to be demised for any term of years, THE MUNICIPAL MANUAL. 557 and other casual and periodical incomings arising from Clergy Reserves therein, after deducting therefrom the actual and necessary expenses, attending the sales of the said Clergy Reserves and of managing the same and the Funds aforesaid ; and the moneys forming the said Funds shall be paid into the Moneys to be hands of the Receiver General and shall be by him applied to o e Je r C aJ.g er the purposes hereinafter mentioned, under the authority of hands for the this Act, or any General or Special Order or Orders to be tStoAct made by the Governor in Council. 2. And be it, &c., The annual stipends or allowances Annual which had been before the passing of the the Act of the 3g^ n a d n s C ef d United Kingdom, passed in the sixteenth year of Her Majes- charged on ty's Reign, and cited in the Preamble to this Act, assigned or before^he given to the Clergy of the Churches of England and Scotland, ^f 1 ^ ) e e rial or to any other Religious Bodies or denominations of Chris- payable dur- tians in either Section of the Province, and chargeable under JJ^Jj^T 88 the Act of the said Parliament on the Clergy Reserves in hencyofthe such Section, (and to which the faith of the Crown is pledged) shall, during the natural lives or incumbencies of the parties receiving the same at the time of the passing of the said Act, be the first charge on the Municipalities Fund for that Sec- tion of the Province, and shall be paid out of the same in preference to all other charges or expenses whatever : Pro- p r0 TiFo as to vided always, that the annual allowance heretofore payable to ^ein^us the Roman Catholic Church in Upper Canada, and to the BodS U8 British Wesleyan Methodist Church for Indian Missions, shall continue to be payable during the twenty years next after the passing of this Act, and no longer. 3. And be it, (&c., And whereas it is desirable to remove Recital, all semblance of connection between Church and State, and to effect an entire and final disposition of all matters, claims and interests arising out of the Clergy Reserves by as speedy a distribution of their proceeds as may be : Be it, &c., That the provincial Governor in Council may, whenever he may deem it expedient 5Swn2nt with the consent of the parties and bodies severally interested of parties commute with the said parties such annual stipend or allow- ml^ccm-' ance for the value thereof, to be calculated at the rate of six Jj Ute n s d " c per cent, per annum, upon the probable life of each indvidual ; f 0r P the5 and in the case of the Bodies above particularly specified in the second section of this Act, at the actual value of the said allowance at the time of commutation to be calculated at the rate aforesaid ; and such commutation shall be paid accord- ingly out of that one of the Municipalities Funds upon which such stipend or allowance is made chargeable by this Act : Provided always, that no commutation shall take place but 558 THE MUNICIPAL MANUAL. Bodies not to be invested in real pro- perty, &c. Sufficient of such funds to be retain- ed to pay stipends, &c. while charge- able on the said Funda. Proviso: within one year next after the passing of this Act : Provided tfo^'money a ^ so j *^ a ^ ^ n case f commutation with either of the said Bo- to Religious di es O r Denominations, it shall not be lawful for them or either of them to invest the moneys paid for such commutation, or any part thereof, in Real property of any kind whatsoever, under penalty of forfeiting the same to Her Majesty ; and that the said Bodies or Denominations shall lay before the Legisla- ture whenever called on so to do, a statement of the manner in which said moneys shall have been invested or appropriated. 4. And be it, &c., So long as any such stipend or allow- ance shall be chargeable upon either of the said Municipalities Fnnds, a portion of such Fund producing annually interest sufficient to pay every such stipend or allowance then charge- able thereon, shall be retained by the Receiver General, and appropriated for that purpose, and if not already invested shall be by him invested in Public British Securities, or in any Provincial Debentures or Securities which under the Act to establish freedom of Banking or any Act amending the same, may be accepted by the Receiver General in exchange for registered Bank notes, as the Governor in Council shall from time to time direct ; and the Receiver General being there- unto authorised by order of the Governor in Council, shall have full power to dispose of any Securities in which such moneys are or shall be invested, and to invest the proceeds in any other such Securities as aforesaid, or to apply them to the payment of the commutation aforesaid. 5. And be it, &c., The amount of the Municipalities Fund in and for either Section of the Province remaining unexpended and unappropriated under the foregoing provi- sions of this Act, on the thirty -first day of December in each year, shall by the Receiver General, be apportioned equally among the several County and City Municipalities in the same Section of the Province, in proportion to the population of such Municipalities respectively, according to the then last Census made either under the Act to provide more effectually for taking a periodical Census of the Province, or any other Act under which Census may be legally taken of the Munici- palites in either section of the Province; and the portion thereof coming to each Municipality, shall be paid over by the Receiver General to the Treasurer, Chamberlain or other Offi- cer having the legal custody of the moneys of such Munici- pality, without other authority than this Act, and shall make part of the General Funds of the Municipalty, and be applica- ble to any purpose to which such Funds are applicable : Pro- vided always, that if at the time when such payment is to be Investment of sums so retained. Yearly divi- sion of unap- propriated balance among the Municipali- ties in each section of the Province respectively, according to population. See 19 & 20 Vic. c. 16, and 20 Vic. c.71. Proviso: if * THE MUNICIPAL MANUAL. 559 made, any sum of money shall be payable by any such Muni- money to cipality to the Receiver General for any cause whatever and Receiver e shall be overdue, he may retain in his hands in satisfaction or General, part satisfaction thereof, the sum which would otherwise be payable to such Municipality, or so much thereof as may be overdue, and shall deliver to the Treasurer, Chamberlain or other Officer as aforesaid, a discharge in favor of the Munici- pality for a sum equal to that so retained by him ; and for the what shall purposes of this section, each Municipality into which any Muridpaiity County in Lower Canada may be at the time divided, and each Union of Counties for Municipal purposes in Upper or Lower Canada, shall be taken to be a County Municipality. 18 VIC. CAP. 21. An Act to make legal the Assessments made in Upper Canada during the year one thousand eight hunded and fifty-four , and to extend the time for making Assessments and collect- ing taxes. [Assented to 18th December, 1854.] WHEREAS in many Municipalities in Upper Canada the preamble, Assessments were not completed within the time limited by law, and doubts exist whether Taxes in such Municipalities can be legally collected, and it is advisable to remove such doubts : Be it } &c. 1. All the Assessments made in Upper Canada during the Assessments year of our Lord one thousand eight hundred and fifty-four, for 1854 in shall be and are hereby declared to be legal and binding, not- ad P a P confirm- withstanding the Assessors did not complete the same or the ed - Assessment Rolls, or make their returns, within the time fixed by the Statute in that behalf; and the taxes and rates imposed by the Councils of the Municipalities wherein such default or errors have occurred, shall be collected as if the said Assess- ments and returns had been made and completed according to law. 2. The twenty-fourth Section of the Statute of this Pro- Time allow- vince passed in the sixteenth year of Her Majesty's Reign, i6Vic 8 c 2 mf chapter one hundred and eighty-two, shall be, and the same is extended, hereby amended, and the time limited thereby for the com- pletion of Assessments and return of the Assessment Rolls, shall be extended to the first day of May in each year, instead of the fifteenth day of April as thereby limited. 3. In any case where a Collector of any Municipality may Another per- have heretofore failed or omitted, he may hereafter fail or omit empioyed b to 560 THE MUNICIPAL MANUAL. collect taxes to collect the taxes mentioned in his Collection Roll, or any Collector 6 portion thereof, by the fourteenth day of December, or by such does not coi- other day in the year for which he may have been or may car-tin day. hereafter be Collector, as may have been or may hereafter be appointed by the Municipal Council of the County, it shall and may be lawful for the Council of such Municipality to authorize and empower by Resolution the said Collector or any other person in his stead to continue the levy and collec- tion of such unpaid taxes in the manner and with the powers provided for by law for the general levy and collection of taxes : Proviso. Provided always, that nothing herein contained shall be held to alter or affect the duty of the Collector to return his Col- lection Roll, or to invalidate or otherwise affect the liability of the said Collector or his sureties in any manner whatsoever. 18 VIC. CAP. 23. An Act to erect the Town of Bytown into a City under the name of the City of Ottawa. [Assented to 18th Deownber, 1854.] Preamble. WHEREAS the Mayor and Corporation of the Town of By- town, have in behalf of the inhabitants thereof, expressed their desire that the said Town should be erected into a City, to be called the City of Ottawa ', And whereas from the great and rapidly increasing population and commercial importance of the said Town, it is desirable to comply with their request : Be it, &c : Bytown to ! Upon, from and after the first Monday in January, in become the the year of our Lord one thousand eight hundred and fifty Ottawa, and five, the Town of Bytown shall be a City, and shall be called when. an( j k nown as the City of Ottawa, and the first Municipal Election therein as a City shall take place on the said day ; and the said City of Ottawa shall be bounded in the manner set forth as regards the Town of Bytown in the Schedule B to the Upper Canada Municipal Corporations Act of 1849. How bounded. Division into ^ ^he sa ^ ^% f Ottawa shall be and is hereby divi- fire wards, ded into five Wards, viz : That portion of the City lying eas- terly from the Rideau Canal shall constitute three Wards, and the portion of the City lying westerly from the Rideau Canal shall constitute two Wards, which latter two Wards shall be divided by the centre of Wellington Street, George street, Victoria Terrace and the concession line known as the Rich- Namesofthe mond road, to the limits of the City; and the portion lying North of the said streets and road, shall constitute one Ward, THE MUNICIPAL MANUAL. 561 to be called Victoria Ward ; and the portion lying south of victoria, the said streets, shall constitute a Ward to be called Welling- Ceiling-ton. ton Ward ; the portion of the City lying easterly from the Kideau Canal as aforesaid, shall be divided and called as fol- lows, viz : The whole of Rideau street and the portion of the City, south of it, shall constitute a Ward to be called St. St. George. George's Ward ; That portion of the City from the line divi- ding Rideau and George streets and a continuation of such line, terminating on the Rideau Canal in one direction, and on the waters of the river Rideau in another, to the centre of St. Patrick street, and in a continuing line therewith, east and west, to the waters of the rivers Ottawa and Rideau, shall constitute a second Ward to be called By Ward, and the re- By. maining portion lying north of the line above described, on St. Patrick street and the continuation thereof, shall constitute a third Ward, to be called Ottawa Ward. 3. All the provisions of the Act last cited and of the Up- upper Can- per Canada Municipal Corporations Acts generally, as therein ^(Srpora- in force, so far as the same relates to Cities, shall, upon, from tions Acts to and after the day last aforesaid, extend and apply to the said city^ as City of Ottawa, as if a proclamation had issued more than three calender months before the said day, erecting the said Town of Bytown into a City by the name aforesaid, so that the first Municipal Election therein, would under the said Acts be held on the said day, and setting forth the boundaries of the said City as hereinbefore mentioned. 4. This Act may be varied, altered or repealed by any Act may be Act to be passed during this present Session. altered this Session. 5. This Act shall be deemed a Public Act. Public Act. 18 VIC. CAP. 25. An Act to confirm a certain survey of the Township of Bed- ford. [Assented to 18th December, 1854.] Survey made by S. M. Benson in 1841 confirmed. 18 VIC. CAP. 26. An Act to authorize the Municipal Council of the Township of Otonabee to exchange a Concession Road allowance for another portion of land to be given in lieu thereof. [Assented to 18th December, 1854.] Title sufficiently expressive of contents of Act. M 2 562 THE MUNICIPAL MANUAL. 18 VIC. CAP. 27. An Act to enable the Board of School Trustees of the Town of Chatham, to dispose advantageously of a lot of land appropriated for School purposes in that Town. [Assented to 18th December, 1854.} Title sufficiently expressive. Preamble. 18 VIC. CAP. 28. An Act to Incorporate the Town of Whitby } and to define the limits thereof. [Assented to 18th December, 1854.] WHEREAS the inhabitants of the Township of Whitby, residing within the boundaries and limits hereinafter described by Petition have prayed the Legislature to incorporate the same into a Town ; And whereas the population of the same amounts to about two thousand three hundred inhabitants ; And ivhereas it is expedient and necessary, and would tend to promote the benefit and convenience of the inhabitants 3 if the prayer of the said Petition were granted : Be it, &c. 1. The tract of land within the boundaries or limits here- inafter described shall be incorporated into a Town to be called and designated as the Town of Whitby. 3. So much of the Upper Canada Municipal Corporations Acts as relates to Towns, shall be and is hereby incorporated in this Act, and the said Town of Whitby shall have and ex- ercise all and singular the same rights, powers, privileges and jurisdiction, as are given, granted or conferred upon, or as shall by virtue of any Act or parts of Acts now in force in Upper Canada, or which shall hereafter be in force, belong to incor- porated Towns, and all the rules, regulations, provisions and enactments therein contained or which shall in any wise relate or belong to the same, shall apply to the Town of Whitby as fully as if the said tract of Land had become a Town under the ordinary operation of the said Acts, with the exception hereinafter made for the first election. Boundaries JJ. The said Town of Whitby shall be comprised within the of ?he X To^n. following limits or boundaries, that is to say : all that certain parcel of land known as lots numbers 24, 25, 26, 27, 28 and 29, in the broken front of the Township of Whitby, and lots numbers 23, 24, 25, 26, 27, 28, 29 and 30, and the north Town of Whitby constituted. Provisions of Upper Canada Mu- nicipal Cor- porations Acts extend- ed to the said Town. THE MUNICIPAL MANUAL. 563 halves of lots numbers 22 and 31 in the first concession of the said Township, and lots numbers 25, 26, 27 and 28, and the south halves of lots numbers 22, 23, 24, 29, 30 and 31 in the second concession of the Township of Whitby aforesaid. 4. The said Town of Whitby shall be divided into three D ivigion into Wards in the following manner, that is to say : All that part three Wards, of the Town south of the centre of the first concession afore- said shall form the South Ward, and all that part of the Town south of Dundas Street to the centre of the first concession aforesaid shall form the centre Ward, and all that part North of Dundas Street in the second concession of the said Town- ship of Whitby shall form the North Ward. 8. This Act shall be deemed a Public Act. Public Act. 18 VIC. CAP. 29, An Act to declare valid a certain Survey of part of the Town of Cornwall. [Assented to 18th December, 1854.] Survey made by John Bruce in 1853 confirmed. 18 VIC. CAP. 58. An Act to enable Ministers of the Evangelical Lutheran Churches in this Province, to solemnize Matrimony and to keep Registers of Marriages, Baptisms and Burials. [Assented to 18th December, 1854.] WHEREAS the Pastors and divers Members of the Religious preamble. Society or denomination of Christians called " The Evangelical Luthereran Church " have, by their petition to the Legisla- ture, prayed that they may be authorised to keep in due form of law, Registers of all Baptisms, Marriages and Burials, which shall by such Ministers or Pastors respectively be performed, and it is expedient to grant the prayer of the said petitioners : Be it, &c. : 1. In Upper Canada, all the powers, privileges and ad van- certain tages by the Act of the Legislature of the late Province of jgYJ^ 6 ? 1 " Upper Canada, passed in the eleventh year of the Reign of fer^of the 18 " His Majesty King George the Fourth, and intituled, An Act SnFnUp^r to make valid certain Marriages heretofore contracted, and to Canada. provide for the future solemnization of Matrimony in this ^ct of Upper Province, conferred upon or vested in any Clergyman or Min- Geo. iv. c.36. ister of any of the several religious denominations men- tioned in the third section of the said Act, shall be and the 564 THE MUNICIPAL MANUAL. Certain powers vest- ed in such Ministers in Lower Canada. Conditions to be copied with. Proviso : Validity of Register* Proviso, same are hereby conferred upon and vested in any Clergyman, Minister or Pastor of the said religious denomination called " The Evangelical Lutheran Church/' as fully and effectually to all intents and purposes, and upon the same conditions and restrictions, as if the Evangelical Lutheran Church afore- said had been among the number of the religious denomina- tions mentioned in the said third section, and subject to all the penalties imposed by the said Act for any contravention of the provisions thereof. 2. In Lower Canada, it shall and may be lawful for any regularly ordained Minister or Pastor for the time being of any Congregation of the said Evangelical Lutheran Church, to have and keep registers of Baptisms, Marriages and Burials, subject always to the penalties of law in this behalf provided, according to the laws of Lower Canada : and the said registers, the necessary formalities as by law already provided in Lower Canada aforesaid, in relation to registers of like nature, being observed, shall to all intents and purposes have the same effect in the law as if the same had been kept by any Minister or Clergyman in Lower Canada now authorized to keep registers, any law to the contrary notwithstanding; but no such Minister or Pastor shall be entitled to the benefit here- by granted, unless he shall have taken the oath of allegiance before a Judge of the Superior Court in the District in which he shall reside, which oath the said Judge is authorized and required to administer, and the same to certify in duplicate under his signature, whereof one copy shall be filed in the Office of the Prothonotary of the said Court, the cost of which filing shall not exceed five shillings, and the other copy shall remain in the possession of the said Minister ; nor unless such Minister or Pastor shall, at the time of taking such oath, pro- duce to the Judge the certificate of his ordination and of his call to become such Minister or Pastor by the said Congre- gation, or legally attested copies of such documents respec- tively ; And provided also, that the registers which have been so kept, and the several entries therein, according to the Laws of Lower Canada aforesaid, as well as authentic copies of such entries, shall to all intents and purposes, be good and available in law, as if the said registers had been kept pursuant to any Act, Statute or Law of or in Lower Canada previous hereto, in relation to registers of births, baptisms or deaths ; Pro- vided further, that all and every the regulations and require- ments of Acts, Statutes or Laws with respect to the registers therein mentioned, be also observed with respect to the regis- ters to be kept pursuant to this Aet. THE MUNICIPAL MANUAL. 565 3. Provided always, That whenever the connection be- Provision tween any such Minister or Pastor and any Congregation shall cease, the duplicate of the registers kept by the said Minister or Pastor shall be the property of the said Congregation, and shall be deposited with the Trustees thereof, to be kept by the successor of such Minister or Pastor for the use of the said Congregation. 4L. The said Ministers or Pastors shall, in all respects, Laws touch- comply with and be governed by the Acts, Statutes and Laws JJ? B tJ^e" at present in force, in the keeping of the said registers, and observed, shall, in case of disobedience to the requirements thereof, be liable to the penalties in like cases thereby imposed, which penalties shall be recoverable, paid, applied and accounted for, in the same manner as the penalties imposed by them are therein directed to be paid, applied and accounted for. 5. This Act shall be deemed a Public Act. Public Act 18 VIC. CAP. 69. An Act making certain provisions rendered necessary by the separation of the Counties of Halton and Wentworth. [Assented to 3rd April, 1855.] 5. And be it, &c., That for the purpose of preventing Agtoper . injustice to parties, that in any case where a person shall have sons on bail been heretofore, or shall hereafter be admitted to the limits ilnSts^f a of any Union of Counties in the manner prescribed by law, and Jjjjjjjjjj when such Union shall have been heretofore or shall hereafter which shall be dissolved, or where any one or more Counties shall have hlvJbeen 1 been heretofore or shall hereafter be separated from such dissolved. Union, after such admission, then and ifr every such case, the They shall said person shall be held to retain the right to travel and jtiii have the i L- e>j.i. . . _ 1 / * *| intention to present themselves for examination, and pay to such Secretary a fee of five shillings for receiving and entering such notice. cation. Applicants having serv- ed their ap- prenticeship before this Act, not to he rejected for mere in- formality, &c. t5. No applicant for admission as a Land Surveyor claim- ing to have served previous to the passing of this Act, during the period prescribed by the third section of the Act first cited in the preamble to this Act, shall be rejected for mere informality in or technical objection to the " instrument in writing/' under which he shall claim to have served, or to the date of the transmission or deposit thereof with the Secretary of the proper Board of Examiners, if he shall prove to the satisfaction of the Board of Examiners, that he has so served bonajide. Allowance to 6. Any Surveyor who shall be summoned to attend any Surveyors Court, civil or criminal, for the purpose of giving evidence in as'witnesses. his professional capacity as a Surveyor, shall be allowed for each day he shall so attend, the sum of twenty shillings (in addition to his travelling expenses, if any,) to be taxed and paid in the manner by law provided with regard to the pay- ment of witnesses attending such Court. 7. When any Surveyor shall be in doubt as to the true boundary or limit of any Township, Seigniory, Concession, Range, Lot or Tract of Land which he may be employed to survey, and shall have reason to believe that any person is possessed of any important information touching such boundary or limit, or of any writing, plan or document tending to estab- lish the true position of such boundary or limit, then if such person shall not willingly appear before and be examined by such Surveyor, or shall not willingly produce to him such writing, plan or document, it shall be lawful for such Sur- veyor or the party employing him, to file in the office of the County Court, if the Survey be in Upper Canada, or of the Circuit Court, if the Survey be in Lower Canada, a Proecipe for a Subpoena or Subpcena duces tecum, as the case may re- quire, accompanying such application by an affidavit or solema Proceedings when a Sur- veyor shall require any information or document in the pos- session of a third party who will not voluntarily give or produce the same. THE MUNICIPAL MANUAL. 569 declaration to be made before a Justice of the Peace, of the facts on which the application is founded, and the Judge may order a Subpoena to issue accordingly, commanding such per- son to appear before the Surveyor, at a time and place to be mentioned in the said Subpcena, and to bring with him any writing, plan or document mentioned or .referred to therein ; and such Subpoena shall be served on the person named there- in, by delivering to him, or leaving for him with some grown person of his family at his residence, a copy thereof, and ex- hibiting to him or to such grown person, the original ; and if the person commanded so to appear by such Subpoena, shall, after being paid his reasonable expenses, or having the same tendered to him, refuse or neglect to appear before the Sur- veyor at the time and place appointed in the Subpcena, or to produce the writing, plan or document (if any) therein men- tioned or referred to, or to give such evidence and information as he may possess touching the boundary or limit in question, such person so summoned shall be deemed guilty of a contempt of the Court out of which the Subpoena shall have issued, and an Attachment may be issued against him by the Judge of the said Court, and he may be punished accordingly, by fine or imprisonment, or both, in the discretion of such Judge. 8. Whenever the Municipal Corporation of any Township, Municipal City, Town or Incorporated Village in Upper Canada shall Si^ adopt a resolution on application of one half the resident Land- the bounda- holders to be affected thereby, that it is desirable to place stone any conces- in or other durable monuments at the front or at the rear, or at Jj^J^Jy* to the front and rear angles of the lots in any Concession or tained and Eange or part of a Concession or Range in their Township, JfnderSec.si City, Town or Incorporated Village, it shall and may be lawful of 12 vie. c. for such Municipal Corporation to make application to the Governor, in the same manner as is provided in the thirty-first section of the Act first cited in the preamble to this Act, 8ee22Vic. c. praying him to cause a survey of such Concession or Range "' s> 258 ' or part of a Concession or Range to be made, and such boun- daries to be planted, under the authority of the Commissioner of Crown Lands ; and the person or persons making such survey shall accordingly plant stone or other durable monu- ments at the front, or at the rear, or at the front and rear angles of each and every lot in the said Concession or Range, or part of a Concession or Range, and the limits of each lot so ascer- tained and marked shall be taken to be and are hereby declared to be the true limits thereof, any law or usage to the contrary notwithstanding ; and the cost of the said survey shall be Expenses defrayed in the manner prescribed by the thirty-first section of bow ****" the Act first cited in the preamble to this Act. 570 THE MUNICIPAL MANUAL. Mode of 0. And whereas some of the double front Concessions in Ln a elin g dou- the Townships in Upper Canada, are not of the full depth, and We fronted doubts have arisen as to the manner in which the division or ons ' side lines in such Concessions should be established : Be it, &c., That in such Concessions the division or side lines shall be drawn from the posts at both ends thereof, to the centre of the Concession, as provided in the thirty-seventh section of the Act first cited in the preamble to this Act, without refer- ence to the manner in which the lots or parts of lots in such Concession shall have been described for Patent. Case where 1O. In all cases when any Land Surveyor shall be employed postor g mo^- i Q Upper Canada to run any side line or limits between lots, ument can- an as we ^ as an y lands which have been or may applied to hereafter be surrendered, granted, devised or otherwise con- of other chase ve j e( ^ * *^ e Crown for any such purpose as aforesaid, may be lands. sold by order of the Governor in Council, and the proceeds applied to the purchase of other lands to be vested in the Crown for the purposes of the same School or Institution, or in the case of there being no School bearing the precise desig- nation intended as aforesaid by the party from whom the lands so sold came to the Crown, then for the purposes of the Gram- mar School or other Public Educational Institution established for the benefit of the Inhabitants of the Municipality gene- rally, which shall, in the opinion of the Governor in Council, come nearest in its purposes and designs to that intended by such party as aforesaid ; and if such proceeds are applied to the purchase of lands for Grammar School purposes, the title to such Lands may be vested in the Board of Trustees for any ifihere be a Grammar School, by their Corporate name : and if there be no r ther r any surplus of such proceeds after such purchase, or if it be lands /equir- found that no lands are required as a site for or for other pur^ poses of such School or Institution, then such surplus or pro- ceeds (as the case may be) may be invested or applied for the purposes of such School or Institution in such manner as the Governor in Council shall deem most for the advantage thereof. surrender 2. It shall not he necessary that any such surrender, Crown* need g ran ^ devise or other conveyance to the Crown as aforesaid, not be form- be formally accepted by the Crown or by the Governor or ally accepted ot ^ er Q{ cer or p erson f or the Crown, but the same shall be valid, and shall vest the lands absolutely in the Crown, with- THE MUNICIPAL MANUAL. 575 out such acceptance ; and a certificate under the Hand of the Head of the Municipality and the corporate Seal thereof, that the Municipal Council hath, by a majority of its members present at any legal meeting thereof, consented to any surren- der for which such consent is necessaay under this Act, shall be sufficient evidence of such consent. 3. No purchaser of land from the Crown under this Act purchaser shall be in any way bound to see to the application of the purchase money by him paid, to the purpose to which it is to be applied. 4. Nothing in this Act shall be construed to impair the Rights of pri- rights of any private party in or upon any lands, in so far as S?d5i. such rights would have existed and could be exercised without this Act. 5. It shall be lawful for the Crown to grant to the Trus- Landa B0 tees of any Grammar School or of any other Public Educational Institution established for the benefit of the Inhabitants of the Municipality generally, any lands which have been or may hereafter be surrendered, granted, devised or otherwise con- Schools, AC. veyed to the Crown as aforesaid. G. This Act shall apply only to Lands and Educational Extent of Institutions in Upper Canada. Act ' 18 VIC. CAP. 129. An Act to remove doubts respecting certain Marriages in Upper Canada. [Assented to 30th May, 1855.] WHEREAS doubts have arisen respecting the legality of preamble, certain Marriages heretofore contracted and solemnized by cer- tain Ministers in Upper Canada after the passing of the Act of Actof u.c. the Parliament of Upper Canada, eleventh George the Fourth, iiGeo.iv.c. chapter thirty-six, and before such Ministers had obtained 36< Licenses, from the Quarter Sessions, as provided for by the said Act : Be tV, <&c. 1. The Marriage or Marriages of all persons, not being under Marrlage s by any canonical disqualification to contract Matrimony, which Ministers had been publicly contracted in Upper Canada before any Mi- then with" nister or Ministers who were, before the passing of the above recited Act, allowed to solemnize Matrimony, and before such Ministers had obtained a License from the Quarter Sessions as above provided, are hereby declared to have been valid, and shall be considered as good and valid in Law : And the parties 576 THE MUNICIPAL MANUAL. Rights of parties and issue. to such Marriages, and the issue thereof, shall be entitled to all the rights, and subject to all the obligations resulting from such Marriages and consanguinity ; any law, or usage or cus- tom to the contrary in any wise notwithstanding. 18 VIC.-CAP. 135. An Act further to amend the laws concerning Inspectors of Weights and Measures in Upper Canada. [Assented to 30th May, 1855.] WHEREAS it is necessary to amend the law concerning the appointment of Inspectors of Weights and Measures in Upper Canada : Be it, &c. : 1. From and after the passing of this Act, the Municipal Council of each County and City, in Upper Canada, shall have power to appoint, from time to time, one or more Inspectors of Weights and Measures for such Municipality, under the provi- sions of the Act passed in the twelfth year of Her Majesty's Reign, intituled, An Act to amend the several Laws therein mentioned, relative to the appointment and duties of Inspec- tors of Weights and Measures in Upper Canada; Provided that each Inspector holding offi.ce at the time of the passing of this Act, shall be and remain Inspector for the County and City in which he shall reside, until another be appointed by such Council. inconsistent 2. Any thing in the Act recited herein, or in any other enactments j a ^ inconsistent with the"provisions of this Act, shall be and repealed. .1 -L v 11 the same is hereby repealed. Preamble. County and City Munici- palities in U. C. may appoint In- spector of Weights and Measures under 12 Vic. c. 85. Preamble. 8 Vic. c. 20. 18 VIC. CAP. 137. An Act to amend the Act relating to Line Fences and Water Courses in Upper Canada. [Assented to 30th May, 1855.] WHEREAS it is by the third section of the Act of the eighth Victoria, chapter twenty, provided that the party who shall neglect or refuse to make or repair an equal or just proportion of the division or line fence, shall pay therefor a sum not exceeding the sum of two shillings and six pence currency, per rod ; And whereas it is found from the scarcity of timber, and materials in many localities, that the said sum of two shillings and six pence per rod aforesaid, is not an adequate or fair remuneration to the party who shall make such fence : Be it, &c. : THE MUNICIPAL MANUAL. 577 1. So much of the said third section of the above-recited Value of Act, as limits the said sum to two shillings and six pence per d^i^iiSd rod, is hereby repealed, and the amount shall be determined in the same 1*1 t t j i i * ., ii. A- way as the in like manner as is provided by the said Act as to the parties proportion who shall pay therefor, and the parties may be heard to ascer- f^J*^ tain the amount in like manner as they may be heard as to the party, proportion offence to be made. 18 VIC. CAP. 138. An Act to repeal the Act of last Sessi<0n> Chapter one hun- dred and eighty nine, and to regidate travelling on Public Highways m Upper Canada. [Assented to 30th May, 1855.] WHEREAS it is necessary to make better provisions than preamble, exist, to regulate travelling on the Highways in that part of this Province formerly Upper Canada : Be it } &c. 1. The Act of the Parliament of this Province passed in R epe aiofi6 the sixteenth year of Her Majesty's Reign, chaptered onehun- Bother' dred and eighty-nine, and intituled, An Act to provide for Acts mcon- the safety of Her Majesty's Subjects and others on the High- l^^ m ways in Upper Canada, and to regulate the Travelling thereon, and all other Acts and parts of Acts now in force, inconsis- tent with the provisions of this Act, shall be and are hereby repealed. 2. All persons proceeding, going or travelling upon any Carr}a highway in Upper Canada, in charge of any vehicle drawn by meetfagto one or more horses, or other animal or animals, shall, when JJJJJJ ^M meeting any other vehicle drawn by one or more horse or half the road, horses, or other animal or animals, turn out to the right from the centre of the road, allowing to such vehicle so met one-half of the road ; and if by reason of the extreme weight of the load on either of such vehicles the driver thereof shall find it impracticable so to turn out, he shall immediately stop, and if If the weigW necessary for the safety of the other vehicle, and when re- of one of quired so to do, he shall assist the person or persons in charge T ents P thTs. thereof to pass without damage. 3. Every person proceeding, going or travelling on any carriage highway as aforesaid, or on horseback, when overtaken by overtaken to IL i -iiii tu i to the any vehicle or horseman travelling at greater speed, shall right. quietly turn out to the right, and allow the said vehicle or horseman to pass ; and in the case of one vehicle being over- taken by another, if by reason of the extreme weight of the load on the vehicle so overtaken the driver thereof shall find them 1^,. ~ vents this. 578 THE MUNICIPAL MANUAL. it impracticable so to turn out, he shall immediately stop, and if necessary for the safety of the other vehicle, and when re- quired so to do, shall assist the person or persons in charge thereof to pass without damage. Penalty on 4. Every person in charge of any vehicle on any highway toTdrunl^to aforesaid, or of any horse or other animal used as the means of horse? etheir conve j ance ; wn o shall through drunkenness be unable to ride or drive the same with safety to Her Majesty's subjects and to others travelling the said highway, shall upon conviction there- of, be liable to the penalties imposed by this Act. Racing, 5. All racing or furious driving upon any highway in &a! a on n h'igh- Upper Canada, shall be unlawful, and the person or persons Jjy forbid -J so racing or furiously driving, or shouting or using blasphe- mous or indecent language, shall, on conviction thereof, be liable to the penalties imposed by this Act. Fast driving 0. Any person or persons riding or driving any vehicle, forbidden^ 68 horse or other beast of burden, over any bridge above the length of thirty feet, at any pace faster than a walk, shall be liable to Proviso. the penalties imposed by this Act; Provided always, that a notice of the regulation hereby imposed shall first be conspi- cuously placed on such bridge. sieigh horses 7. Every person 'travelling on any high way aforesaid, with ell8t any sleigh, sled or cariole, drawn by one or more horse or horses, or mule or mules, shall have at least two bells attach- ed to the harness of such horse or horses, or mule or inules. Penalty for 8. For any contravention of any of the preceding sec- Sig'Xis Act, ^ ons f *kis ^ cfc > ^ u ty P rove d u P on tne oatn of an J credible and how ' witness, before any Justice of the Peace having juris- diction within the Couuty where the offence shall have been committed, the offender shall incur a penalty of not less than five shillings nor more than five pounds, in the discretion of the said Justice, with costs, to be levied by distress and sale of the goods and chattels of the offender ; and in default of payment and distress, the offender shall be imprisoned in the Common Gaol of the of the County, for a period of not less than one day, and not more -than twenty days, at the discretion of the convicting Proviso: not Justice ; Provided always, that the said fine and iinprison- ofdamJges? n ment shall be no bar to the recovery of damages by the injured party before any Court of competent jurisdiction. Application O. All fines collected under this Act shall be paid to the of penalties.. 1 Treasurer or Chamberlain or the Township, Village, Town or City where the offences for which they were imposed were THE MUNICIPAL MANUAL. 579 committed, to be applied to the general purposes of such Township, Village, Town or City. 1O, All convictions under this Act shall be subject to Appeal, appeal in the same manner as other summary convictions be- fore Justices of the Peace. 11. This Act shall apply only to Upper Canada. Extent of Act. 18 VIC. CAP. 140. An Act to remove doubts as to the true application of the Act to provide for the recovery of certain Rates and Taxes in- tended to be imposed l?y certain By-laws of the late District Councils or County Councils in Upper Canada. [Assented to 30th May, 1855.] WHEREAS the Act passed in the sixteenth year of Her preamble. Majesty's reign, intituled, An Act to provide for the recovery of the Rates and Taxes intended to be imposed' by certain By-laws of the late District Councils of Upper Canada, was passed with the view of legalizing certain rates imposed by certain of the late District Councils of 'Upper Canada, under and by virtue of the Act passed in the fourth and fifth years of Her Majesty's reign, intituled, An Act to provide for the better 4&5Vic. c. internal government of that part of this Province which formerly constituted the Province of Upper Canada, by the establishment of local or Municipal authorities therein, which said By-laws or some of them, were informal, and contained certain pro- visions not strictly in accordance with the said last mentioned Act, and of removing any doubt which might exist as to the legality of certain sales for arrears of taxes accruing under the said informal By-laws ; And whereas certain provisions were made in and by the said first mentioned Act, and certain pro- ceedings were required to be taken, for the purpose of remedy- ing the difficulties which had arisen and might arise from the said informalities, and doubts have arisen whether the said pro- visions were applicable to any other than Counties the former District Councils representing which had passed informal By- laws, and it is expedient to remove the same : Be it, &c. 1. The failure to advertise lands in arrear for taxes, in the Failure to year one thousand eight hundred and fifty-three, as provided advertise, by the seventh section of the hereinbefore first recited Act, a.*?, not to. shall not invalidate the claim of such Counties for taxes which JiJJjJf^}* 6 were then lawfully due. Counties. 580 THE MUNICIPAL MANUAL. 18 VIC. CAP. 145. An Act to confirm the City of Toronto in the possession of the Peninsula and Marsh now held by it under License. [Assented to 19th May, 1855.] Preamble. WHEREAS the Mayor, Aldermen and Commonalty of the City of Toronto now hold, under a license of occupation from the Crown, bearing date the twelfth day of January, one thou- sand eight hundred and forty-seven, the Peninsula in front of the said City, and also the Marsh adjoining the said Peninsula to the eastward of the Baj/ in front of the said City, and being desirous to improve the said Peninsula, and to reclaim the said marsh, have expended large sums of money in surveying the same, and have laid out the said Peninsula in roads and streets, with a view of leasing the same to individuals, and have also entered into a correspondence with, and adopted a resolution to co-operate with the Harbor Commissioners, to carry out any measures that may be adopted for the benefit and improvement of the Harbor, by the construction of a canal across the said Peninsula, or by such other means as may be found necessary : Be it, &c. Governor in 1. It shall and may be lawful for the government of this Province, by an Order in Council or otherwise, to grant to the said Mayor, Aldermen and Commonalty of the City of Toronto, the said Peninsula, and the marsh to the eastward of the said jj a y (commonly known as Ashbridge's Bay), upon such terms and conditions as the Governor of this Province in Council Proviso: con- may think fit : Provided always, that in any Order in Council, ^inserted 7 Letters Patent, or other Instrument granting to the said Cor- in the grant, poration the said Peninsula, or marsh, or any part thereof, or any other lands now vested in the Crown, it shall be lawful to insert any conditions or restrictions as to the manner in which the same shall be used, or the purposes to which they shall be applied, or the buildings and works which shall or shall not be erected thereon, or any other conditions or restrictions whatever which the Governor shall think it for the public interest to cause to be inserted ; and such conditions and restrictions shall have full force and effect, any rule or law as to the conditions or restrictions which may be inserted in grants and enforced at law to the contrary notwithstanding. said Penin- tion. ced ' Public Act. . This Act shall be deemed a Public Act. THE MUNICIPAL MANUAL. 581 18 VIC. CAP. 146. An Act to enable the Trustees of the Toronto General Bury- ing Ground, to close the same, to sell a portion thereof and to acquire other ground for the purposes of the Trust. [Assented to 19th May, 1855.] Title sufficiently expressive of contents of Act. 18 VIC. CAP. 147. An Act to authorize the City of Hamilton to negotiate a loan of Fifty Thousand Pounds. [Assented to 19th May, 1855.] Title sufficiently expressive of contents of Act. 18 VIC. CAP. 148. An Act to Incorporate the Town of Paris, and to define the limits thereof. [Assented to 19th May, 1855. 3. The Town of Paris shall consist of all that part of this D egcj .j ption Province situate in the County of Brant, and lying within the of the Town following limits, that is to say : commencing at the North- of Pans ' westerly angle of Lot number Twelve in the First Concession of the Township of Brantford ; thence, Southerly, along the limit between the said Lot and Lot number Eleven in the said Concession, for a distance equal to three quarters of the depth of the said Concession ; thence, Easterly, by a line drawn parallel to the line in front of the Concession to the Grand River, and across the same to the Easterly bank thereof; thence, Northerly, along the water's edge of the said river, against the stream, to the Southern limit of the allowance for road between the Townships of Brantford and South Dumfries; thence, Easterly, along the Southern limit of the said allow- ance for road, to a point ten chains Eastward of the limit between Lots number Twenty-eight and Twenty-nine in the First Concession of the Township of South Dumfries, pro- duced ; thence, Northerly, parallel to the governing boundary of the Lots in the Gore of the said Township of South Dum- fries to the limit between the said Gore and the First Conces- sion of South Dumfries; thence, Westerly, along the last mentioned limit to the limit between lots numbers Twenty- eight and Twenty-nine in the First Concession of the Town- ship of South Dumfries ; thence, Northerly, along the limit between the last mentioned Lots to the centre line of the said 582 THE MUNICIPAL MANUAL. First Concession ; thence, Westerly, along the said centre line to the Easterly limit of the Gait road ; thence, Northerly, along the Easterly limit of the Gait road, six chains, sixty links, more or less, to an angle in the said road ; thence, Westerly, at right angles to the part of the Gait road before mentioned, to the rear line of Lots fronting on Jane street ; thence, North-westerly, along the rear line of the said Lots to the limits between Lots numbers Thirty and Thirty-one in the First Concession of the Township of South Dumfries; thence, Northerly, along the limit between Lots numbers Thirty and Thirty-one aforesaid, to the allowance for road in the rear of the said First Concession ; thence, Westerly, along the Southerly limit of the last mentioned allowance for road to the Westerly limit of the grounds belonging to the Buffalo, Brantford and Goderich Railway Company; thence, Southerly, along the Westerly limit of the said grounds as far as it con- tinues on a straight line ; thence, South-easterly, in prolonga- tion of the said straight line, to the Northerly bank of Smith's Creek ; thence, Southerly, following the Northerly bank of the said Creek, with the stream as it turns and winds to the centre line of the First Concession of the Township of South Dumfries ; thence, Westerly, across the said Creek and along the said centre line of the First Concession to the Westerly limit of the South-easterly quarter of Lot number Thirty-one in the First Concession of the Township of South Dumfries; thence, Southerly, along the Westerly limit of the South- westerly quarter of Lot number Thirty-one aforesaid and pro- longation thereof, to the Southerly limit of the allowance for road between the Townships of South Dumfries and Brantford ; thence, Easterly, along the Southerly limit of the last men- tioned road allowance to the place of beginning. Division 4. The said Town of Paris shall be divided into four into wards. Wards, to be called, respectively: the South Ward, Queen's south. Ward, King's Ward and North Ward. The said South Ward to comprise all that part of the said Town which lies South of Queen's. Dundas Street ; Queen's Ward to comprise all that part of the said Town North of Dundas Street, following Grand River and the South and West side of Smith's Creek to the Town King's. boundary ; King's Ward, to comprise all that part of the said Town which lies on the South side of Charlotte Street to Smith's Creek, including the East side of Grand River and East side of River street North to the Railway, following it North. to the Grand River ; North Ward to comprise all that part of the said Town which lies North of the South line of Charlotte street to the Town limits. THE MUNICIPAL MANUAL. 583 18 VIC. CAP. 149. An Act to authorize the Municipal Council of the County of Welland to raise means to liquidate certain debts and claims against the said County t and for other purposes. [Assented to 19th May, 1855.] Title sufficiently expressive of contents of Act. 18 VIC. CAP. 150. An Act to amend the Act authorizing the Town of Dundas to become security to a certain amount, for the Desjardim Canal Company, to the Great Western Railway Company. [Assented to 19th May, 1855.] Debentures issued under By-law No. 72, authorized to be cancelled and new Debentures issued. 18 VIC. CAP. 151. An Act to declare the Act confirming a Survey of the Town- ship of Ameliasburgh, to extend to the Township of Hillier, which at the time of the said Survey formed part of Ameliasburgh. [Assented to 19th May, 1855.] 13 & 14 Vic. cap. 88, declared to apply to Township of Hillier. 18 VIC. CAP. 152. An Act to determine the manner in whidi the division or side lines of the Lots in the Township of Wolfe Island shall be drawn. [Assented to 19th May, 1855.] All side lines of Lots to be drawn from posts at one front of the Concession to the posts bearing same numbers at the other front thereof. 18 VIC. CAP. 153. An Act to determine the course of the division or side lines of the Lots in certain Concessions in the Township of Smith. [Assented to 19th May, 1855.] How sidejlines, except in cases 1, 2 and 3 ; and on Centre road, governed. 584 THE MUNICIPAL MANUAL. 18^VIC. CAP. 154. An Act to repeal the Act confirming a certain allowance for Road in the Township of Monayhan. 16 Vic. cap. 228, repealed. 18 VIC. CAP. 155. An Act to confirm the present boundaries of certain Lots in the Township of Winchester. [Assented to 19th May, 1855.] Survey of Lewis Grant set aside. 18 VIC. CAP. 156. An Act to confirm and establish a certain portion of the original Survey of the Township of Niagara. [Assented to 19th May, 1855.] Stone boundaries to be placed, &c. 18 VIC. CAP. 171. An Act to divide the Township of Norwich into two separate Municipalities. [Assented to 30th May, 1855.] Townships 1. Upon and after the first day of January next after the of North passing of this Act. the first, second, third, fourth, fifth and Norwich and *. , * . L , j m 1 n \T i i South Nor- sixth concessions of the said lownship of Norwich, and so tufedfrom 1 niuch of the Gore thereof as adjoins the said concessions, shall 1st January, for all Municipal and Electoral purposes, form a separate the present Township to be called North Norwich; and the seventh, Townships, eighth, ninth, tenth, eleventh and twelfth concessions of the said Township of Norwich, together with so much of the said Gore as adjoins the said concessions, shall for the like purposes form a separate Township to be called South Norwich : the front line of the seventh concession and its prolongation across the said Gore shall form the boundary line between the said Townships. 18 VIC. CAP. 173. An Act to revive, continue and amend certain provisions of the Act for establishing the boundary of Lots in the West Gore of the Township of Beverly. [Assented to 30th May, 1855.] Commissioners to be appointed, powers, duties, &c. THE MUNICIPAL MANUAL. 585 19 & 20 TIC. CAP. 16. An Act to amend the Provincial Act appropriating the moneys arising from the Clergy Reserves. [Assented to 16th May, 1856.] WHEREAS it is expedient to amend the Act passed in the Preamble, eighteenth year of Her Majesty's Reign, intituled, An Act to i 8 Yi C . c .2. make better provision for the appropriation the moneys aris- ing from the lands heretofore known as the Clergy Reserves, by rendering them available for Municipal purposes : There- fore, " then the said Provisional Council shall, at some meet- powers of ing to be held after the first day of February next, proceed to select a place for the County Town of the said County, and the place so selected shall be the County Town of Peel ; and the said Provisional Council shall have and exercise the powers conferred on Provisional Municipal Councils by law, and shall and may purchase the necessary property at the place selected by the said Council assembled as aforesaid, and proceed to erect the necessary public buildings on such property ; and all the provisions of the Act last above cited shall apply to the said Provisional Municipal Council, and to the said County of Peel. Appoint- Oaths of Penalty for under this Prociama- dissoMn 8Sue the union rourt house and gaol are ompieted. 5. The said Provisional Council shall have power and au- thority to appoint, by By-law or otherwise, such and so many officers and persons as may be necessary to carry out the pro- visions of this Act ; and the Provisional Warden or any Mem- ber of the Council shall administer to each person so appointed, the oath of office prescribed by law to be taken by any officer appointed under this Act, before he or they shall commence the discharge of the duties imposed on him or them ; and each person so appointed and sworn shall be subject to all the re- sponsibilities imposed on Municipal Officers by law. 6. Any person or persons who shall wilfully interrupt or i nter f ere ^h an J f *&e proceedings authorised by this Act, shall be dealt with and punished as provided by the Upper Can- ada Municipal Corporation Acts, with respect to persons in- terfering with the proceedings under the said last mentioned Acts. T. So soon as the-Court House and Gaol of the said County ^all ^ e erec ^ ed an( ^ completed at such County Town, according to the provisions of the fifteenth section of the said lastly in P art recited Act, and the other provisions of the said fifteenth section shall have been complied with by the said County, it ^u an( j ma y ^ e lawful for the Governor of this Province to appoint the necessary officers as provided by the seventeenth section of the said in part recited Act, and by order in Council to issue a Proclamation dissolving the Union between the said County of Peel and the said County .of York, from the date to be mentioned in such Proclamation ; and all the provisions of the said lastly in part recited Act, or of any other Act or Law of Upper Canada applicable to Counties on and after their being separated from other Counties, tice sent by mail or otherwise to each member of such Pro- visional Council, at least eight days before the day appointed for such meeting, by the Warden of the said United Counties of Peterborough and Victoria ; or if such meeting should fail Fai i ure O f on the said day, a meeting may be called in like manner for meeting, another day. 5. The said Warden of the United Counties of Peter- warden to borough and Victoria shall, by a warrant under his hand and ^jJ^JJ^J seal, appoint one of the Town Reeves or Deputy Town Reeves preside until of the said County of Victoria, to preside at the first meeting of the said Provisional Municipal Council until a Provisional warden. 600 THE MUNICIPAL MANUAL. Warden shall be elected by such Provisional Municipal Council. * Public Act. O. This Act shall be deemed a Public Act. Preamble. The Line as straightened to be the northern boundary of Toronto; and the land gained vest- ed in Corpo- ration. Settlement cf claims of persons losing land. 19 & 20 VIC. CAP. 96. An Act to settle the Northern Boundary Line of the City of Toronto. [Assented to 1st July, 1856.] WHEREAS the Concession Line now forming the northern limit of the liberties of the City of Toronto, (being the allowance for road between the Park Lots and the second Concession in the Township of York,) has been found to diverge from the proper course, and the Common Council of the City of Toronto caused the same to be made straight, and expended a large sum of money in turnpiking and otherwise improving the said line of road and in building stone culverts thereon, and after such expenditure was made it was discovered that the said line in the original survey thereof had been either through carelessness or inadvertence run irregularly and crookedly, by means whereof the line of road upon which such expenditure was made is without the liberties of the said City, and the Mayor, Aldermen and Commonalty of the City of Toronto have no power to retain possession thereof or arrange with the owners and proprietors or others interested in the land so taken in the straightening of the said road for the value thereof or for damages claimed by them ; And whereas it is expedient that authority be given to the Mayor, Aldermen and Common- alty of the City of Toronto, to straighten the said road and to arrange with the said proprietors or owners of land necessarily taken for that purpese, or other persons interested therein, and that such straight line should be made the northern boundary of the said City of Toronto : Therefore, &c. 1. From and after the passing of this Act the said Conces- sion Line so straightened as aforesaid shall be taken to be and shall be the northerly boundary lino of the liberties of the said City of Toronto ; and all the land lying between the line so straightened and the line as originally run, together with the land contained within the said original line, shall be vested in the Mayor, Aldermen and Commonalty of the City of Toronto for the purposes hereinafter mentioned. SJ. All claims for compensation to parties whose property shall be taken by virtue of the preceding section, shall be settled and adjusted by arbitration in the manner prescribed by THE MUNICIPAL MANUAL. 601 the thirty-third section of the Act passed ia the sixteenth year Municipal of Her Majesty's Reign, and chaptered one hundred and Act * eighty-one. 3. All the land lying between the new line of road so HOW the straightened as aforesaid and the southern limit of the old line, jJSj^JJ 11 * 1 and vested in the Mayor, Aldermen and Commonalty of the derit with. City of Toronto by this Act, shall be held by them in trust from time to time to convey the same to the respective owners TO be con or proprietors of the land lying to the south of and immediately JSntwrt adjoining the said old line of road or the person or persons on certain having the legal estate therein, according to the frontage of ^ their respective lots thereon, so soon as such owner or proprie- tor, or such other person or persons as aforesaid, or any of them, shall have paid to the said Mayor, Aldermen and Com- monalty of the City of Toronto, the value of their several and respective pieces of land agreed upon at any time hereafter between the said respective owners or proprietors, or other person or persons as aforesaid, and the said Mayor, Aldermen and Commonalty of the City of Toronto ; and in case such value shall not be agreed upon between them as aforesaid, within one month after the passing of this Act, the same shall be ascertained by arbitration in like manner as is prescribed in the second section of this Act ; And in making their award in the premises it shall be the duty of the arbitrators to take into consideration all the circumstances which have rendered ne- cessary the said reference; Provided always, that until the Proviso, settlement of such value and the payment thereof to the said Mayor, Aldermen and Commonalty of the City of Toronto, it shall not be lawful for any person or persons, or other party whomsoever, to enclose or in any wise obstruct the said old line of road under any pretence whatsoever. 4. This Act shall be deemed a Public Act. Public Act. 19 & 20 VIC. CAP. 97. An Act to authorize the City of London to negotiate a Loan of sixty-three thousand pounds to consolidate the debt of the City, and for other purposes. [Assented to 1st July, 1856.] WHEREAS the Corporation of the City of London have Preamb i e petitioned to be authorized by law to borrow, on the debentures of the said City, a sum not exceeding one hundred thousand pounds, for certain purposes and under certain restrictions in the said petition set forth, and it is expedient that the prayer 602 THE MUNICIPAL MANUAL. City Council to raise 63,000 by Debentures. of their petition should be granted so far as to enable them to pay off the debts hereinafter set forth : Therefore, &c. 1. It shall and may be lawful to and for the City Council of the City of London to raise by way of loan, upon the credit of the debentures hereinafter mentioned, from any person or persons, body or bodies corporate, in this Province, in Great Britain or elsewhere, who may be willing to lend the same, a sum of money not exceeding sixty-three thousand pounds. Form of 2. It shall and may be lawful for the Mayor of the said Debentures.! Qj ty of L on d on for the time being, to cause to be issued debentures of the said City of London, under the Corporation Seal of the said city, signed by the Mayor and countersigned by the Chamberlain of the said city for the time being, in such sums, not exceeding in the whole the said sum of sixty-three thousand pounds, as the Common Council shall direct and appoint, and the principal sum secured by the said debentures and the interest accruing thereon, shall be made payable in this Province, in Great Britain or elsewhere. 3. So much of the said loan so to be raised as aforesaid as shall be necessary for the purpose, shall be applied by the City Council of the City of London in the redemption of all such debentures of the said city as shall be outstanding when this Act shall come into force; and the Chamberlain of the City of London is hereby authorized and empowered, on receiving in- structions so to do, from the City Council, and with the consent of the holders thereof, to call in such debentures of the City of London as may have heretofore been issued by virtue of a By- law of the Town Council of the Town of London, passed on the first day of July in the year of Our Lord one thousand eight hundred and fifty-two, authorizing the issue of debentures to raise by way of loan the sum of five thousand pounds, for the purpose of paying certain debts due by the said Town of Lon- don, and for making improvements therein, known as By-law number nineteen; and by virtue of a certain other By-law of the said Town^Council, passed on the ninth day of October in the year of Our Lord one thousand eight hundred and fifty-two, authorizing the issue of debentures to raise by way of loan the sum of five thousand five hundred pounds, for the purpose of paying certain debts due by the said town and for making improvements therein, known as By-law number twenty-four ; and by virtue of a certain other By-law of the said Town Council, passed on the twenty-seventh day of January, in the year of Our Lord one thousand eight hundred and fifty-three, to authorize the issuing of debentures to raise by way of loan : money so raised. Debentures issued by virtue of certain By- laws may be called in. THE MUNICIPAL MANUAL. 603 the sum of two thousand pounds, for the purpose of paying the purchase money of certain land acquired for the enlarge- ment of Covent Garden Market, known as By-law number twenty-nine; and by virtue of a certain other By-law of the said Town Council, passed on the twenty-seventh day of June in the year of Our Lord one thousand eight hundred and fifty- three, to authorize the issuing of debentures to raise by way of loan the sum of nine hundred pounds, for the purpose of defraying the expense of erecting the Firemen's Hall and Engine House on King Street, known as By-law number thirty-eight; and by virtue of a certain other By-law of the said Town Council, passed on the twenty-seventh day of June, in the year of Our Lord one thousand eight hundred and fifty- three, to authorize the issuing of debentures to raise by way of loan the sum of twenty thousand pounds, for the purpose of paying for certain land purchased for the enlargement of Covent Garden Market, and for defraying the expense of erecting a Town Hall, Market House and other buildings thereon, known as By-law number thirty-six; and by virtue of a certain other By-law of the said Town of London, passed on the seventh day of November, in the year of Our Lord one thousand eight hundred and fifty-three, to authorize the Town Council of the Town of London, to raise by way of loan the sum of six thousand five hundred pounds, for the purpose of constructing a sewer from Waterloo Street to Richmond Street, and thence southerly along the centre of Richmond Street to the River Thames, known* as By-law number forty-three ; and by virtue of a certain other By-law of the said Council passed on the twenty-second day of August, in the year of Our Lord one thousand eight hundred and fifty-three, authorizing the issue of debentures to raise by way of loan the sum of two thousand pounds, known as By-law number forty; and by virtue of a certain other By-law of the said Council passed on the thirtieth day of January, in the year of Our Lord one thousand eight hundred and fifty-four, authorizing the issuing of debentures to raise by way of loan the sum of two thousand eight hundred pounds, for the purpose of paying for five hun- dred shares of stock in the London G-as Company, known as By-law number fifty; and by virtue of a certain other By-law of the said Council passed on the second day of October, in the year of Our Lord one thousand eight hundred and fifty- four, to authorize the issue of debentures to the extent of New Detxm. eighteen thousand pounds, to defray the costs of certain im- tures to be provements in the Town of London, known as By-law number fSthase* 6 ' 1 sixty-one; and to substitute therefor debentures to be issued calledin - under this Act; Provided always, that no debentures shall be Proviso. 604 THE MUNICIPAL MANUAL. redeemed before due at any greater sum than was received for Proviso. such debentures so to be redeemed ; Provided also, that no portion of the debentures to be issued under this Act, or of the proceeds thereof, shall be applied to the payment of any interest accrued or to accrue on the debentures to be redeemed. T wYma By- 4. For and notwithstanding any provision, clause, matter repealed 7 e or thing contained in any Act of the Parliament of this Pro- ?ures behT n v * nce * *^ e contrary, it shall and may be lawful for the City paid! e ' Council of the City of London, after having called in or paid the debentures described in the next preceding section, to repeal such By-laws in the said section set forth as have not been already quashed by the Court of Queen's Bench for Upper Canada. Sinking 5 For the payment, satisfaction and discharge of the de- ^"cent^to Dentures to be issued by virtue of this Act, it shall and may be provided, be lawful for the Common Council of the said City of London, and they are hereby required so to do, in any By-law or By- laws to be passed authorizing the said loan, and the issuing the debentures therefor, to impose a special rate per annum over and above, and in addition to, all other rates to be levied in each year, and over and above the interest to be payable on such debentures, which shall be sufficient to form a sinking fund of two per cent, per annum for that purpose. O. It shall be the duty of the Chamberlain of the City of London, from time to time to invest all sums of money raised by special rate for the sinking fund provided for by this Act, in any debentures issued by the Government of Canada, or in such other securities as the Governor of this Province shall by Order in Council direct or appoint, and to apply all dividends or interest on the said sinking fund to the extinction of the debt created under this Act. Investment of Sinking Fund. ^ Any By-law to be passed under this Act shall not be By-laws not ed until** 1 " repealed until the debt or debts created under this Act and the debts are paid. interest thereon shall be paid and satisfied. Recital. 8, And whereas the sum of sixteen thousand pounds, part of the debt of the City of London, was contracted in the con- struction of certain main sewers in the said City, and at the time such sewers were directed to be made, it was the intention of the Corporation that a considerable portion of the cost of such sewers should be raised by assessing the proprietors of such real property as might be immediately benefited by such improvements ; but no By-law was ever passed by the Town THE MUNICIPAL MANUAL. 605 Council of the Town of London for that purpose; Be it, &c., Special as- that it shall and may be lawful for the Mayor, Aldermen and JJJSoS^ d Commonalty of the City of London, to assess the proprietors fi certain of such real property in the City of London as may abut upon any public street, highway, square or place through which the said sewers pass, or immediately opposite or near to such sewers, for such sum or sums of money yearly, in like manner as the Common Council of the said City of London are by this Act empowered to impose assessments for the redemption of the debentures to be issued under the authority of this Act. O. It shall be the duty of the Chamberlain of the City of Money coi- London, whenever any money shall be collected by virtue of Invested as the preceding section of this Act, to invest the same in manner sinking as by this Act is provided for the sinking fund contemplated by this Act 1O. The funds to be derived from the negotiation of the Fllnd8 de . debentures to be issued under this Act, when received, and all "^d from such debentures as shall be issued but not negotiated, shall be to be depo- deposited by the Chamberlain of the said City for the time ^ n ^ n being in some one of the chartered banks in this Province, on such conditions as the City Council shall from time to time agree upon, and only be withdrawn therefrom as they may from And how time to time be required for the payment or redemption of the dealt ^k debentures so to be redeemed. 11. The rate imposed upon the Town of London for the Rates im- year of our Lord one thousand eight hundred and fifty-three, under any of the By-laws mentioned in the third section of this Act, is hereby declared to be a legal rate ; and it shall and may be lawful for the Collector or Collectors of the City of Lon- don for the time being, at any time before the first day of Jan- uary, A.D. one thousand eight hundred and fifty-eight, to col- lect from the persons rated and charged upon the Collector's roll for the said year of our Lord one thousand eight hundred and fifty- three, who shall not before have paid the taxes so there- in imposed, such sum or sums as are rated and set down on the said roll, and to use the same means for the collection thereof, as for the taxes of the year in which such collection shall be made. 1. The By-laws to be made under the authority of this By-laws not Act shall not affect the priority of any debentures issued for Dentures, stock token in any Railway Company. 13. This Act shall be deemed a Public Act. Public Ac t. 606 THE MUNICIPAL MANUAL, Town of 1857, with " s ' 19 & 20 VIC. CAP. 98. An Act to Incorporate the Town of Woodstock, and to divide the same into Wards, and to define the limits thereof. [Assented to 1st July, 1856.] 1. The tract of Land now known as the Town of Wood- stock shall, upon and from and after the first day of January, * n ^ y ear one thousand eight hundred and fifty-seven, be incorporated as a Town, with the rights, powers and privileges ^ incorporated Towns in general, and as if the said Town had been mentioned and included in the Schedule 13. annexed to the Upper Canada Municipal Corporations Act of 1849, and with the rights, powers and privileges which shall by virtue of any Act or parts of Acts now in force in Upper Canada, or which shall hereafter be in force, belong to incorporated Towns in general ; and all the rules, regulations, provisions and enactments therein contained, or which shall in any wise relate or belong to the same, shall apply to the Town of Wood- stock as fully as if the said Town had been contained in the said Schedule B., with the exception hereinafter made as re- gards the first election. 2. The said Town of Woodstock shall be divided into five Wards in the manner described in the Schedule to this Act. SCHEDULE. WARDS OP THE TOWN OP WOODSTOCK. St. Andrew's Ward shall be bounded as follows, that is to to say : commencing at the point on the northern limit of the town where the centre line of Vansittart street intersects the said northern limit; from thence extending in a southerly di- rection along the said centre line of Vansittart street to the northern limit of Dundas street ; thence following the same course to the centre line of Dundas street ; thence in a south- easterly direction to the point of intersection of the southern limit of Dundas street and the centre line of Bishop street ; thence along the centre line of Bishop street and Broadway street, to a point opposite the northern termination of the division line between lots numbers fifteen and sixteen on the south side of Main street; thence southerly to the northern termination of the said division line ; thence southerly along the said division line to the southern termination thereof; thence southerly in a straight line to the point where the southern boundary of Sudworth Street intersects the centre THE MUNICIPAL MANUAL. 607 line of Robertson street ; thence in a southerly direction along the centre line of Robertson street, to the southern boundary of lot number twenty-one in the first concession of the town- ship of East Oxford j thence in the same course to the southern limit of the town ; thence in a westerly direction along the said southern limit to the eastern limit of the allowance for road between the said lot twenty-one and the Gore between East and West Oxford ; thence in a northerly direction along the western limit of the town to the southerly bank of Cedar Creek ; thence following the limit of the town by Cedar Creek and the River Thames to the north-west corner of the town j thence easterly along the northern limit of the town to the place of beginning. St. George's "Ward shall be bounded as follows, that is to say : commencing at the point on the northern limit of the town where the centre line of Vansittart street intersects the said northern limit ; thence extending in a southerly direction along the said centre line of Vansittart street, to the northern limit of Dundas street ; thence following the same course to the centre line of Dundas street ; thence in an easterly direc- tion along the centre line of Dundas street, to the centre line of Victoria street ; thence in a northerly direction along the centre line of Victoria street, to the centre line of Percival street ; thence in a westerly direction along the centre line of Percival street, to the centre line of Wellington street ; thence in a northerly direction along the centre line of Wellington street, to the northern limit of lot number twenty in the first concession of the Township of Blandford ; thence continuing the same course to the northern limit of the town ; thence along the northern limit of the town, in a westerly direction, to the place of beginning. St. David's Ward shall be bounded as follows, that is to say : commencing at the point on the northern limit of the town where the centre line of Wellington street produced, would intersect the said northern limit ; thence in a southerly direc- tion along the said centre line of Wellington street to the centre line of Percival street ; thence in an easterly direction along the said centre line of Percival street, to the centre line of Victoria street ; thence in a southerly direction along the centre line of Victoria street, to the centre line of Dundas street ; thence in an easterly direction along the centre line of Dundas street, to a point opposite the south-west angle of lot number eighteen, in the first concession of the Township of Blandford ; thence in a northerly direction to the said south- west-angle ; thence in a northerly direction along the eastern THE MUNICIPAL MANUAL. limit of the town to the north-east angle of the town ; thence in a westerly direction along the northern limit of the town to the place of beginning. St. Patrick's Ward shall be bounded as follows, that is to say : commencing at the point on the centre line of Dundas street, where the centre line of Vansittart street, produced in a southerly direction, would intersect the centre line of Dundas street; thence in a south-easterly direction to the point where the northern limit of Dundas street intersects the centre line of Bishop street ; thence southerly and easterly along the centre lines of Bishop street and Broadway street, to a point oppo- site the northern termination of the division line between lots numbers fifteen and sixteen* on the south side of Main street; thence in a southerly direction to the said northern termina- tion of the said division line ; thence in a southerly direction along the said division line to the northern termination thereof; thence in a southerly direction in a straight line to the point where the southern boundary of Sudworth street intersects the centre line of Robertson street ; thence in a southerly direc- tion along the centre line of Robertson street, to the southern boundary of lot number twenty-one, in the first concession of the Township of East Oxford; thence following the same course to the southern limit of the town ; thence in an easterly direction along the southern limit of the town to a point oppo- site the southern termination of the division line between lots numbers nineteen and twenty, in the first concession of the Township of East Oxford ; thence northerly to the said southern termination of the said division line ; thence northerly along the said division line to the southern limit of the Great Wes- tern Railway ; thence in a westerly direction along the said southern limit of the said Railway to the point where the centre line of Victoria street, if produced southerly, would intersect the said southern limit of the said Railway ; thence in a north- erly direction along the said produced line to the southern termination of the centre line of Victoria street; thence north- erly along the said centre line of Victoria street to the centre line of Dundas street ; thence in a westerly direction along the said centre line of Dundas street, to the place of begin- ning. St. John's Ward shall be bounded as follows, that is to say : commencing at the point where the cf ntre line of Dundas street intersects the centre line of Victoria street; thence in a southerly direction along the centre line of Victoria street, to the northern boundary of the Great Western Railway ; thence following the same course to the southern boundary of the THE MUNICIPAL MANUAL 609 said Hallway; thence in an easterly direction along the said southern boundary, to the division line between lots numbers nineteen and twenty in the first concession of the Township of East Oxford j thence in a southerly direction along the said division line, to the northern limit of the allowance for road between the first and second concessions of the Town- ship of East Oxford; thence in the same course to the southern limit of the town ; thence in an easterly direction along the southern limit of the town, to the south-east angle of the town ; thence in a northerly direction along the eastern limit of the town to the northern limit of Dundas street ; thence in a westerly direction along the northern limit of Dundas street to the south-west angle of lot number eighteen in the first concession of the township of Blandford ; thence in a southerly direction on the same course as the westerly boundary of the said lot, to the centre line of Dundas street ; thence in a westerly direction along the centre line of Dundas street, to the place of beginning. 19 & 20 VIC. CAP. 99. An Act to incorporate the Village of Remptville. [Assented to 1st July, 1856.] 1. Upon, from and after the first day of January, one thousand eight hundred and fifty-seven, the tract of land com- incorporated prised within the boundaries mentioned in the Schedule to "oJ^gJ*^ this Act shall be a Village under the name of the Village of uary, 1857. Kempt ville, and the inhabitants thereof shall be incorporated with the rights and privileges of an incorporated Village. 19 & 20 VIC. CAP. 100. An Act to legalize a certain By-law of the Municipal Council of the Township of Cornwall. [Assented to 1st July, 1856.] Private Act. v 19 & 20 VIC. CAP. 108. An Act to enable the Town Council of the Town of St.Catha- rines, to sell and convey certain Land purchased by the said Council for the purpose of u Public Cemetery. [Assented to 1st July, 1856.] . Private Act. P 2 610 THE MUNICIPAL MANUAL. 19 & 20 VIC. CAP. 109. An Act to alter the survey of that part of the Third Concession of the Township of Onondaga, commonly called "Martian's Bend" and to confirm a new survey thereof, and for other purposes. [Assented to 1st July, 1856.] Private Act. 19 &<> pence in the pound on the yearly value of the assessable pro- perty in the Municipality; or a proportionate rate on the actual value of such property, reckoning the yearly value at six per cent, on its actual value except in cases in which the proceeds of such rate would, in the opinion of the Gover- nor, exceed the amount for which such Municipality is in de- fault and the costs of the levy, when it shall be lawful for the Governor to direct such rate to be so levied as will, in his opi- nion, produce an amount fully sufficient to pay that for which the Municipality is in default and the costs of the levy, the surplus (if any) being returned to the Municipality according to law : Provided further, that it shall be the duty of the Treasurer of Treasurer of any Municipality in arrear for any sum of money Municipality i i i A i / i .'in arrear to under the said recited Act, within one month after the time certify as- when such sum of money is payable, to certify to the Secretary anTiti 8 * 8 of the Province, the total value of the assessable property, and value to . the rate in the pound in such Municipality, for the year next secretary, preceding such default. 2. It shall be lawful for the Governor, in all cases in Governor which a Municipality shall be certified to him by the Receiver j a y direct General to be in default as aforesaid, to issue his warrant to of the the Sheriff, directing him to seize all goods and chattels, and other property or things liable to be seized in execution, lands and tenements, belonging to such Municipality, and to sell the same, or so much thereof as may be necessary to produce the amount for which such Municipality is in default and costs, as he would under execution against such Municipality, 618 THE MUNICIPAL MANUAL. . and to pay the proceeds unto the Receiver General in liqui- Exceptions. Ration of such amount : Provided always, that no School House or Houses, Alms House, Fire Engine or Fire hoses or pefty 1 no? r to Engine House, Court-house or Gaol, or property required for be seized. t ^ e administration of Justice, shall be seized or sold under such warrant. Provisions 3. Provided always, That whenever a loan shall have buuyunder been effected on the credit of the said Consolidated Municipal the said Act, Loan Fund by any Union of two or more Counties then united united n when for Municipal purposes, but which have been or shall be af- caatracted"* ^erwards separated before such loan shall have been paid, and lut separat- such Counties shall upon such separation have agreed or shall hereafter agree in the manner provided by law, as to the part which each or any of them shall have in the liability arising out of such loan, then such agreement shall be the rule by which the Receiver General shall be guided in ascertaining the liability of each of such Counties, and the amount to be paid by or levied upon each of them in respect of such loan, in case of any default to pay any sum which ought under the said Act to be paid to the Receiver General in respect of the same ; and any County having paid its share of such liability so ascer- tained shall not be liable in respect of the share thereof of the other County or Counties united with it when the loan was effected. Municipal!- 41. It shall be lawful for the r Governor to direct the Re- cCrgy Re- f ceiver General to withhold the share of the Clergy Municipa- serve Fund Hties Fund accruing and which may hereafter accrue to any taken in pay- Municipality certified by the Receiver General to be in default ment. or f rom fa & gevera l Municipalities in any County while such County is so certified to be in default, and to carry such share or shares to the credit of such Municipality or County on account of such default. 20 VIC. CAP. 26. An Act to encourage the gradual Civilisation of the Indian Tribes in this Province, and to amend the Laws respecting Indians. [Assented to 10th June, 1867.] TO what I,- The third section of the Act passed in toe Session held IHuf i3& ly * n ^e thirteenth and fourteenth years of Her Majesty's Reign u vie. c. 74, chaptered seventy-four and intituled, An Act for the protec- shaii apply. ^ o>i Q j> ^ j n( fo ans { n jjpp er Canada from imposition and the property occupied or enjoyed by them, from trespass and injury, THE MUNICIPAL MANUAL. 619 shall apply only to Indians or persons of Indian blood, or inter- married with Indians, who shall be acknowledged as members of the Indian Tribes or Bands residing upon lands which have never been surrendered to the Crown (or which having been so surrendered have been set apart or shall then be reserved for the use of any Tribe or Band of Indians in common) and who shall themselves reside upon such lands, and shall not have been exempted from the operation of the said section, under the provisions of this Act; and such persons and such Such persons persons only shall be deemed Indians within the meaning of d^med^ any provision of the said Act or of any other Act or Law in Indians for force in any part of this Province by which any legal distinc- tion is made between the rights and liabilities of Indians and those of Her Majesty's other Canadian Subjects. 20 VIC. CAP. 28. An Act for establishing Prisons for Young Offenders for the better government of Public Asylums^ Hospitals and Pri- sons, and for the better construction of Common Gaols. [Assented to 10th June, 1857.] 14. And whereas it is expedient to establish a uniform Recita i. system for the government and inspection of Public Asylums, Hospitals and Prisons, and to provide for the better construc- tion of the Common Gaols of this Province : Therefore, <&c. It shall be lawful for the Governor to appoint five fit per- Appoint- sons to be Inspectors of all Public Asylums, Hospitals, Com- entof mon Gaols and other Prisons in this Province, and to appoint inspectors. one of such persons to be their Chairman, and the said Inspec- tors shall hold office during pleasure. 10. The Inspectors shall visit and inspect, either singly inspectors or together as may be determined upon by them, or as maybe ordered by the Governor, every Gaol, House of Correction and Prison or place kept or used for the confinement of persons, in any part of this Province, other than the said Provincial Penitentiary and Keformatory Prisons, as often as may be de- termined upon by them or ordered by the Governor, and at least twice in the year ; and the said Inspectors or Inspector May exa- shall have authority to examine any person holding any office offiSrsf&c or receiving any salary or emolument in any such place of confinement as aforesaid, and to call for and inspect all books and papers relating to such place of confinement, and to en- quire into all matters concerning the said place of confinement ; and every Inspector singly making an inspection as aforesaid Report by 620 THE MUNICIPAL MANUAL. Inspectors, with ap- proval of Governor, to determine the plan of all future Gaols : none to be built except on such plan. Inspectors] to report on improve- ments re- quired in Gaols. single in- shall make a separate and distinct report, in writing, of the state of every place of confinement so visited by him to the Board of Inspectors. 2O. From and after the time when this Act shall come into force, every Gaol that shall be erected in this Province shall be made and built according to a plan which shall be ap- proved of by the Inspectors and sanctioned by the Governor; and no Gaol that shall be built in any District in Lower Ca- nada or County in Upper Canada, otherwise than according to a plan approved and sanctioned as aforesaid, or that shall not after its completion receive the approval of the said Inspectors, shall be deemed to be in law the Gaol of such District or County. 21. Every District Gaol in Lower Canada and County Gaol in Upper Canada now erected, or which may be in the course of erection when this Act shall come into force, shall be inspected as speedily as may be convenient by the said In- spectors for the purpose of ascertaining whether such Gaol satisfies the requirements of the next succeeding section of this Act, and they shall report thereon to the Governor, and in Upper Canada transmit a copy of such Report to the Warden of every County in which such Gaol is situate, or in the course of erection as aforesaid. Matters to 22, The Inspectors, before deciding in any case upon the be taken plan of a Gaol most proper to be adopted, or upon any altera- ntfontythe tions or additions they may propose in their Report to be made in dSarnSn- accor( ^ n g to the next preceding section of this Act, shall take ing the plan into consideration the nature and extent of the ground on of any Gaol, .^hich SUG h Gaol has been or is to be built, its relative situa- tion to any streets and buildings and to any river or other water; its comparative elevation and capability of being drained ; the materials of which it has been or is to be com- posed ; the necessity of guarding against cold and damps, and of providing properly for ventilation ; the proper classification of persons, having respect to their age, sex, and the cause of their confinement ; the best means of ensuring their safe cus- tody without the necessity of resorting to severe treatment ; the due accommodation of the keeper of the Gaol so that he may have ready access to the prisoners and may conveniently oversee them; the exclusion of any intercourse with persons without the walls of the building; the prevention of nuisances from whatever cause ; the combining provision as well for the reformation of convicts so far as may be practicable, as for their employment, in order that the Common Gaols may really THE MUNICIPAL MANUAL. 621 serva for places of correction; the admission of prisoners to air and exercise without the walls of the building ; and the enclosure of the yard and premises with a secure wall. 23. Within seven months after this Act shall come into Provision for force, it shall be the duty of the Warden of each County SSwg ^ in Upper Canada, to call a special meeting of the County provements Council; and such County Council shall thereupon appoint a county gy>M special Committee to confer with the Inspectors and to arrange ^ a p d ^ r with them any alterations and additions that may be deemed necessary to make their County Gaol satisfy the requirements of the twenty-first section of this Act, and to report the same to the said County Council; and in case the Inspectors and such Committee do not agree upon the alterations or additions, the matter then shall be referred to the Governor in Council to decide between them, and thereupon the decision shall be reported to the County Council ; and it shall be the duty of the said County Council in either case, by By-law, to order and provide for the making of the said alterations and addi- tions, and for the appropriation of any money that may be re- quired for that purpose. 24L It shall be the duty of each County Council in Up- County per Canada, and they are hereby required and empowered to rai^money levy and raise such a sum by direct taxation as shall be suffi- to make the cient to make the said alterations and additions, or at their provements 1 :" option to borrow the money so required, under a By-law to be and hovr - passed for that purpose, for such number of years as they may deem expedient ; in such By-law there shall be imposed and settled a special rate over and above and in addition to all rates whatsoever, to be levied in each year for the payment of the said loan, and sufficient, according to the last assessment returns before the passing of such By-law, to pay the whole amount of the said loan and interest within the period fixed by the said By-law for the payment thereof. 2>. The Inspectors and the said Special Committee of the certain County Council shall, in arranging the necessary alterations points to je j /*xi f i i i , ,1 i ft considered m and additions as aforesaid, nave due regard to the plan ot the deciding the Gaol as they shall find it, and to the ability of the County to dterations. meet the expense thereof, and shall make as few and as inex- pensive alterations and additions as in their opinion the re- quirements of this Act will allow. 26. In order to aid the said County Councils in Upper Aid to the Canada in making the said alterations and additions in the Counties out Gaols of their respective Counties, it shall be lawful for the Building Governor to pay from and out of the " Upper Canada Build- Fundl 622 THE MUNICIPAL MANUAL. ing Fund" to the Treasurer of eacli County, a sum not exceed- one half of the expense of the same, and not exceeding the sum of one thousand five hundred pounds for any one County. inspectors to 37. The said Inspectors shall, as soon as may be conve- Sr the g? nient, frame a set of rules and regulations for the government vemment of of the Common Gaols of this Province, extending to the main- tenance of the prisoners in regard to diet, clothing, bedding and other necessaries ; their employment ; medical attendance ; religious instruction; the conduct of the prisoners and the restraint and punishment to which they may be subjected ; and also to the treatment and custody of the prisoners gene- rally, and to the whole internal economy and management of the Gaol, and all such matters connected therewith as shall be thought by them expedient; which rules and regulations shall be submitted to the Governor for his approval and con- firmation : Provided always, that nothing herein contained s ^ a ^ ke held to prevent the County Councils in Upper Canada from making such special regulations as the peculiar circum- stances of their respective Gaols and localities may in their opinion require, such special regulations not being inconsis- tent with the provisions of this Act, or with the general rules and regulations so to be made by the Inspectors and approved by the Governor, as aforesaid. Proviso may make 20 VIC. CAP. 36. An Act to authorize investigations in case of accident by Fire, and to repeal the Act authorizing such investigations in the Cities of Quebec and Montreal. [Assented to 10th June, 1857.] Coroner to & It shall be the duty of the Coroner within whose juris- of diction. anv City, or incorporated Town, or incorporated Vil- m Cities, lage, in this Province, shall lie, whenever any fire shall occur, Viiaes. nd whereby any house or other building in such City, Town, or Tillage shall be wholly or in part consumed, to institute an inquiry into the cause or origin of such fire, and whether it was kindled by design, or was the result of negligence or ac- cident, and to act according to the result of such inquiry ; and for the purpose aforesaid such Coroner shall summon and bring before him all persons whom he may deem capable of giving information or evidence touching or concerning such fire, and shall examine such persons on oath, (administering such oath to them,) and shall reduce their examinations to writing, and return the same to the Clerk of the Peace for the District or County within which they shall have been taken : betaken THE MUNICIPAL MANUAL. 623 Provided always, that it shall not be the duty of any Coroner Proviso: to institute an inquiry into the cause or origin of any fire or fires by which any house or other building is wholly or partly consumed, nor shall such inquiry be had, until it has first been made to appear to such Coroner that there is reason to believe that such fire was the result of culpable or negligent conduct or design, or occurred under such circumstances as in the interests of justice and for the due protection of property to require an investigation. 7. When any such inquiry shall have been held by the Such Coroner, and not by any other Officer as aforesaid, in confer- mity with this Act, the Coroner holding the same shall be en- titled therefor to the sum of two pounds ten shillings, and should the said inquiry extend beyond one day, then to two stances, pounds ten per diem for each of two days thereafter, and no more : And the official order of such Coroner for the same, Allowance upon the Treasurer of the City, Town or Village in which ]gjJ such inquiries shall be holden, shall be paid by the said Trea- quiries%n"a surer out of any funds he may then have in the Treasury, as how P"" 1 ' he is hereby commanded to do upon the presentation of such order. 20 VIC. CAP. 55. An Act to declare the meaning of the Auction Duties Act of 1841, with respect to Sales in Rural Districts, [Assented to 27th May, 1857.] WHEREAS doubts have arisen as to the correct interpreta- tion of the Auction Duties Act of 1841, and it is desirable to remove the same : Therefore, <&c. 1. The provisions of the Act of 1841, intituled, An Act Act 4 & 5 to make certain alterations in the law relative to the duty upon f sales of property ~by Auction, were never intended by the Legislature to apply, and do not apply to the sales by auction frequently held in the Rural Districts, but not for trading purposes, cither by the inhabitants selling their furniture, grain, cattle and real estate or chattel property other than merchandize or stock in trade, when changing their residence or finally disposing of the same : Provided always, that no duly licensed p rOT i S0 . auctioneer who may have sold by auction any such furniture, grain, cattle and real estate or chattel property, and who may have received duties and fees thereon, shall be sued or in any way made liable therefor. 624 THE MUNICIPAL MANUAL. Preamble. marriage 20 VIC. CAP. 66. An Act to amend the Laws relating to the Solemnization of Matrimony in Upper Canada. [Assented to 10th June, 1857.] WHEREAS under the laws now in force in Upper Canada, privileges are claimed with regard to the solemnization of matrimony, by the Clergymen and Ministers of certain denomi- nations, which are partial in their character and offensive to certain other religious denominations, and their Clergymen and Ministers ; Therefore, &c. * ^ rom an( * a ^ ter ^ e passing of this Act, the Ministers nation may and Clergymen of every religious denomination in Upper Canada, duly ordained or appointed according to the rites and ceremonies of the Churches or denominations to which they shall respectively belong, and resident in Upper Canada, shall have the right to solemnize the ceremony of Matrimony, according to the rites, ceremonies and usages of such Churches and Denominations respectively, by virtue of such ordination or appointment. Miniate 2. Every Clergyman or Minister who shall celebrate muSfgJve Matrimony in Upper Canada, from and after the time of the certificate if passing of this Act, shall, if required, at the time of such required. marr i a ge by either of the parties thereto, give a certificate under his hand of such marriage, specifying the names of the parties married, the time and the names of two or more per- sons who witnessed such marriage, and whether such marriage was solemnized pursuant to license or publication of banns ; Fee for certi- and for every such certificate, the Clergyman or Minister giving ficate. t h e game g k a ii be entitled to ask, demand, or receive from the party so requiring the same, the sum of one shilling and three pence. Ministers to 3. From and after the first day of January, one thousand e M->ht hundred and fifty-eight, every Clergyman or Minister, * shall, immediately after the solemnization by him of any rnar- riage, enter in a book to be by him kept for that purpose, which ^QQ^ gha]} k e an( j continue to be the property of the church or denomination to which he shall belong at the time of such marriage, a true record of such marriage, embracing all the particulars set forth in the body of the Schedule hereunto an- And make a nexed ; and on or before the first day of February, in each and every year, after the year one thousand eight hundred and ^%' e ^g^*> i fc sna ^ be tne duty ^ every such Clergyman, and he is hereby required to return a certified list according to the Schedule. THE MUNICIPAL MANUAL. 625 form, and specifying the particulars in the said Schedule set forth, of all marriages by him solemnized during the year ending on the thirty first day of December, then next preced- ing, to the Registrar of the County in which such marriage shall have taken place, and at the time of making such return to pay or transmit to such Registrar the sum of five shillings for every such list; and on receipt by such Registrar of every Registrar's such list, it shall be .his duty to file the same among the e t s a f u< * paper of his office, and to record the same in a book to be kept copies from by him for that purpose ; and every such register, or a certi- Re s istrar - fied copy thereof, shall be considered in the case of the death or absence of the witnesses to any such marriage, as a sufficient evidence thereof; and the said Registrar is hereby required Fees to Re- to give a certified copy of any such marriage record to any jJ, for person demanding the same, on the payment of the sum of two shillings and six pence; and every such Clergyman or Fees to Mm- Minister shall, before solemnizing such marriage, be entitled jJJJJ^g to ask, demand, and receive from either of the parties to such marriages the sum of ten shillings, to enable him to pay the said sum so to be paid or transmitted by him to such Regis- trar, and to remunerate him the said Clergyman or Minister, for the trouble and expense attendant on the preparing and transmission of such certified list to the Registrar ; and every rinefi for such Clergyman or Minister who shall neglect or refuse to re- turn such certified list as aforesaid, shall forfeit and pay for marriages. every day he shall so neglect or refuse, beyond the time res- pectively herein fixed for making such return, the sum of one pound, which shall be recoverable before any magistrate of the County in which such Clergyman or Minister may reside, with costs, and shall be applied, as fines now inflicted under the Summary Convictions Act of Upper Canada; Provided proviso: however, that nothing in this Act contained shall be construed SJj^J?"" or held to prevent the payment to the officiating Clergyman give what or Minister of such remuneration as the parties may see fit to tJm^hey*" make. think fit - 4. la the event of the death or removal of any Minister in case of or Clergyman before making the annual return hereinbefore remov&iof provided for, it shall be the duty of his successor or other per- Minister, his son having the legal custody of the book referred to in the next mak^there- preceding section of this Act, to transmit to the Registrar of * ur * the i ,-i i -i -in-! Registiar. the County in which any such marriage shall have taken place, a certified copy of all marriages therein recorded, in the same manner as is provided for, and subject to the same penalties for neglect of non-performance of such duty, as is mentioned in the next preceding section, and such Registrar shall record the Q2 626 THE MUNICIPAL MANUAL. Punishment not bein Ministers marriage. to He on Punishment procuring ersons not same as if such return had been made by the Minister or Cler- gyman who de facto celebrated such marriage. 5. Any person not being a Clergyman or Minister of a religious denomination existing in Upper Canada, who shall solemnize or pretend to solemnize matrimony under the provi- sions of this Act, and any person who shall falsely personate any Clergyman or Minister for the purpose of officiating at any such ceremony, shall be guilty of a misdemeanor, and shall be liable for every such offence to be imprisoned in the Provincial Penitentiary, for a period not exceeding two years, or to suffer such other Punishment, either by fine or imprisonment, or both, as any Court of Record having competent jurisdiction in Upper Proof or ordi- Canada shall deem meet and just ; and it shall rest upon any person accused of such offence to prove the fact of his being a duly ordained or appointed Minister or Clergyman of the re- ligious denomination to which he shall profess to belong, and that such denomination had at the time of the solemnization of such marriage a known existence in Upper Canada. 6. Any person knowingly procuring any other person not being a Minister or Clergyman of some religious denomination existing in Upper Canada, to perform the ceremony of matri- niony, or who shall knowingly aid or abet any such pretended Clergyman or Minister, in performing such ceremony, shall be guilty of misdemeanor, and shall be liable to the punishment provided for in the next preceding section of this Act. T. Every marriage which shall be duly solemnized accord- * n g to ^e T ' l ^ QS ) usages and customs of the Religious Society of Friends, commonly called Quakers, shall be and is hereby declared valid, and the duty imposed by the third section of ^his Act, upon every Minister and Clergyman, with regard to i i T. n ^l*v j . marriages solemnized by them, shall, with regard to such mar- riages, be performed by the Clerk or Secretary of the Society of Meeting where such marriage was solemnized, and in default of the performance of any such duty by any such Clerk or Secretary, he shall be liable to the penalty prescribed by the said third section, for default, in the case therein named. Clerks of the 8. It shall be the duty of the Clerk of the Peace of each County or Union of Counties in Upper Canada, to procure without delay from the Queen's Printer, a sufficient number of copies of this Act to enable him to mail one to the Address of eac h Cl er gyman or Minister entitled to solemnize Martrimony under the provisions of this Act, whom he shall know, or shall ascertain at any time within six months from and after the passing of this Act, to be resident in such County or Union of marry, &c. Quakers' valid. Who shall send the re- turn to the Registrar, Act to Minis- tomiy tled under it. THE MUNICIPAL MANUAL. 627 Counties, and to mail the same accordingly ; and also from And to fur- time to time to furnish all such Clergymen or Ministers on de- a^p^^d mand with the books and with printed blank forms for the lists form s- to be used and returned by them in pursuance of this Act, and such books shall have columns and headings printed on each page thereof, according to the form of the Schedule hereunto annexed, and shall, as shall also the blank forms aforesaid, be of such size and form as to admit of the necessary entries being conveniently made therein ; and the cost of such books and cost thereof forms, as well as of procuring and distributing copies of this how P^- Act as aforesaid, shall be borne by the Counties or Unions of Counties respectively. 9. Copies of this Act shall be mailed from the office of the copies of Provincial Secretary to the addresses of the Clerks of the Peace fj^etfto of the several Counties and Unions of Counties in Upper cierksof the Canada respectively, as soon as conveniently may be after the Peace ' passing of the same. 10. All Acts and parts of Acts inconsistent with this Act, inconsistent shall be and the same are hereby repealed. 11. This Act shall apply to Upper Canada only. Act limited to U. C. only. 628 THE MUNICIPAL MANUAL. { to 5 o -2 2 o OS 1 '3 o a s CQ "B ^ ^ w 55 rt H d ,* Efei 2 SP ^5 i- 2 4-l C3 bO *" "si 1 ill ^ 1 a s ^^Sa -t- 3 -J M jj Ml ill d H frT" CM * ^c ns ^3 ' ! H bo cf d o *b^ |f| SL .2 *** *d o a -5 ^^3 S - |1 ^ -^ .3 t . ll "5 c3 o ,0 s StiM -*3 h^. CO HH 8 f o o o ^ fa | ? * 1 B PI *o *-3 o o3 p 8 tH *<-* JjH M PH Q /^^N ^ 8 M p i! 1 ! <0 a o ^ J9 d 2 v * |( I M ^ I s THE MUNICIPAL MANUAL. 629 20 YIC.-GAP. 71. An Act to explain and amend the Clergy Reserves Appro- priation Amendment Act o/*1856, as regards the mode of ascertaining the number of Rate-payers in the several Mu- nicipalities in Upper Canada. [Assented to 10th June, 1857.] For the removal of doubts under the enactment hereinafter preamble, mentioned, Her Majesty enacts : 1. -The word " Rate-payers " in the first and second sec- word "Rate- tions of the Act passed in the Session held in the nineteenth {J 3 ^'.^ and twentieth years of Her Majesty's reign, and intituled, An c . 16, how to Act to amend the Provincial Act appropriating the moneys beconstrued - arising from the Clergy reserves, shall be held and taken to mean those persons and those only who shall be residents within the limits of the Municipalities mentioned in the said Acts, and whose names shall appear on the Assessment Rolls of each Municipality as Rate-payers : And the affidavit to be Form of affl . made and returned to the Receiver Generals Office by the davit under Clerks of the several Municipalities, under the second section sa of the said Act, shall be made in the form of the Schedule to this Act annexed. 3. It shall be lawful for the several Municipalities afore- Municipal said by by-law to set apart for any special purpose, which special ^J^tEi* 6 * purpose shall be mentioned in such By-law, the whole or any share of the part of the moneys derived from the " Upper Canada Munici- servfJSo- palities Fund," and to invest the same in the purchase of Pro- ^Jfjj* JJ7 vincitl, Consolidated Loan Fund, or Municipal Debentures, pose, and for the purposes mentioned in such By-law, and from time to inTest 1S- time to sell and dispose of such securities and re-invest the proceeds in other like securities, or otherwise appropriate the same in the manner mentioned in and directed by the said By-law or other By-law passed for that purpose. 3. And whereas several of the said Municipalities have Kecitai. heretofore set apart and invested moneys derived from the said fund, for special purposes; Be it,&c., That any By-law By-laws ai- heretofore passed setting apart and authorizing the investment footing 6 of such moneys as last aforesaid, and under which By-law such apartand in- moneys have been actually invested, shall be held to be a good JSnJ^on- and valid By-law. firmed. 630 THE MUNICIPAL MANUAL. Preamble. 13 & 14 Vic. c.67. Poubts re- cited. Deeds from the Sheriff to the purchaser's assignee de- clared valid. 20 VIC. CAP. 72. An Act to make valid the Deeds given by Sheriffs to the Assignees of purchasers of Land sold for Taxes under thir- teenth and fourteenth Victoria, chapter sixty-seven. [Assented to 10th June, 1857.] WHEREAS many of the lands sold for taxes under the Act of thirteenth and fourteenth Victoria, chapter sixty seven, intituled, An Act to make valid the Deeds given by Sheriffs to the Assignees of purchasers of Land sold for Taxes under thirteenth and fourteenth Victoria, chapter sixty-seven, were were assigned by the purchasers thereof before the period for receiving the Sheriff's deed had arrived, and the As- signees of such purchasers applied to the respective Sheriffs and received Deeds from them of the Lands so sold for taxes as aforesaid; and whereas doubts have arisen as to whether such Deeds could be properly given under the said Act to such Assignees, and whether they should not in all cases have been made directly to the Purchasers from the Sheriffs, and it is expedient to remove such doubts : Therefore, &c. 1. The Deed or Deeds made by any Sheriff who had sold lands for taxes under the above mentioned Act to the Assignee or Assignees of any Purchaser or Purchasers of such lands, shall be as valid and effectual to all intents and purposes as if the same had been made directly to the Purchaser or Pur- chasers of such lands, anything in the said recited Act to the contrary notwithstanding. 20 VIC. CAP. 73. An Act to provide for ascertaining unknown Boundaries in all cases in which the Concession Lines were not run in the original survey. [Assented to 10th June, 1857.] Preamble. WHEREAS the division or side lines of the lots in certain townships in Upper Canada were drawn in the original survey, and the proprietors of the lands have taken possession, and have regulated their improvements by such division or side lines; And whereas under the provisions of the Act of 1849, 12 Vic. c. 35. intitled, An Act to repeal certain Acts therein mentioned, and to make better provision respecting the admission of land surveyors and the survey of lands in this Province, Surveyors in cases of dispute as to the boundaries of lots, are required, with the view of ascertaining such boundaries to measure the true distance along the concession line between the nearest THE MUNICIPAL MANUAL. 631 \ undisputed posts, limits or monuments, and to divide such distance into such number of lots as the same contained in the original survey ; but whereas, owing to the incorrectness of the original surveys of the Townships aforesaid, such subdivision does not agree with the division or side lines drawn in the original survey, and consequently the disputed boundaries cannot be decided to the satisfaction of the parties interested, and it is therefore necessary to provide a remedy : Therefore, &c. 1. Notwithstanding any thing contained in the Act before HOW side cited, or in any other Act, it shall be lawful for Provincial Jj ^ be Land Surveyors, and they are hereby required, when called on Townships to determine disputed boundaries in the said Townships, to as- certain and establish the division or side lines of the lots, by running such side lines as they were run in the original survey, whether the same were run from the front of the Concession to the rear, or the rear of the Concession to the front thereof, in the original survey, and to adhere to all posts, limits or monu- ments, planted on the division or side lines in the original survey, as being or designating corners of lots under such ori- ginal survey. 2. This Act shall be deemed a Public Act. Public Act. 20 VIC. CAP. 75. An Act for the protection of persons owning Lands on the Shore of Lake Ontario in the Counties of York, Peel and Halton. [Assented to 27th May, 1857.] WHEREAS the owners of lands lying on the shore of Lake p ream bi e . Ontario, in the Counties of York, Peel and Halton, have by their petitions to Parliament represented, that their property suffers great injury from parties removing stone from the shore up to the water's edge, by which means the banks are undermined and serious damage done to property thereon ; And whereas it is expedient to prevent the abuse so complained .of: Therefore, &c. 1. No person shall remove or raise any stone from the bed stone not to of Lake Ontario at a less distance than three rods beyond low- J^m the ed watermark, at any place between the western limits of the Beach in cer- City of Totonto and Burlington Beach in the County of tain places- Halton. 2. Any person removing or raising any stone in contra- Arrest and vention of the next preceding section, may be arrested by the 632 THE MUNICIPAL MANUAL. contraven- ing this Act. Punishment of the Master of any craft allowing his crew to re- move stone in contra- vention of this Act. Application of fines. Act not to prevent ga- thering stone for cer- tain pur- Public Act. owner of any land adjoining Lake Ontario within the limits aforesaid, in front of whose property any stone may be removed or his servant, or agent, or any person whom he shall call to his assistance, without any warrant other than the authority of this Act, and taken before one of the nearest Justices of the Peace, who, upon the complaint of the person arresting such offender, and upon conviction of the offender by the oath of such person or of any other credible witness, may condemn euch offender to pay a fine not exceeding Five Pounds nor less than One Pound, and costs, and in default of immediate pay- ment may commit such offender to the common gaol of the County or United Counties for any period not exceeding one month, unless the said fine and costs are sooner paid. 3. If the master or other person in charge of any craft, shall permit his crew or any of them, to remove or raise any stone contrary to the provisions of this Act, or shall allow his crew to depart from the shore after committing any such offence, he shall thereby incur a fine not less than Two Pounds nor exceeding Ten Pounds, to be recovered with costs, before any Justice of the Peace having jurisdiction in any place where such master or person in charge shall be found, upon proof of the offence by the oath of one credible witness, and if the fine and costs are not forthwith paid, the offender may be commit- ted to the Common Gaol of the County or place for a period not exceeding two months, unless the fine be sooner paid. 4. All fines levied under this Act shall belong to the Mu- nicipality of the Township, Town Or City in which the convic- tion shall be had, for the general uses thereof. 5. The prohibition to remove or raise stone shall not apply to the owners of the land in front of which such stone shall lie, to be used for the purpose of constructing walls for the protection thereof. 6. This Act shall be a Public Act. Preamble. 20 VIC. CAP. 76. An Act to attach the new Townships of Galivay, Cavendish and Anstruther to the County of Peterborough. [Assented to 27th May, 1867.] WHEREAS the rapid settlement of the new Townships of Gal way, Cavendish and Anstruther now being surveyed and lying immediately in rear of the County of Peterborough, ren- ders it necessary that the said Townships should be attached to the County of Peterborough : TJierefore, &c. THE MUNICIPAL MANUAL. 633 J^ From and after the passing of this Act, the said Town- The said ships of Galway, Cavendish and Anstruther shall be attached to and form part of the said County of Peterborough for all purposes -whatsoever. 20 VIC. CAP. 77. f An Act to explain the Act to separate the County of Bruce from the County of Huron. [Assented to 27th May, 1857.] WHEREAS doubts have arisen as to the true construction of rreamble ' the first section of the Act passed in the session held in the nineteenth and twentieth years of Her Majesty's Reign, inti- tuled, An Act to separate the County of Bruce from the Coun- w* 20 vie, ty of Huron, in reference to the proclamation for fixing the site for the County Town in the said County of Bruce : For re- moving, &c. 1. The Governor in Council has had and shall have power councn r " m to fix the site of the County Town for the County of Bruce in declared to the same manner as he might have done under the provisions to a fix P the er of the Act passed in the twelfth year of Her Majesty's Reign County chapter seventy-eight, if the Provisional Municipal Council, T for the County of Bruce, had been constituted under that Act ; and the proclamations mentioned in the said first recited Act shall be held and taken to include the proclamation referred to in the Act last mentioned for fixing the County Town. 2. This Act shall be deemed a Public Act. Public Act. 20 VIC. CAP. 78. An Act to authorize the Provisional Municipal Conncil of the County of Bruce to take Stock in certain Railways. [Assented to 10th Jnne, 1857.] WHEREAS under the existing statutory enactments respect- Preamb i e ing Provisional Municipal Councils, the Provisional Municipal Council of the County of Bruce have not power to pass By- laws for other than local purposes connected with the establish- ment of the said County, and the erection of public buildings in the same; And whereas the said Provisional Municipal Council of the said County of Bruce have by their Petition set forth that it would be highly conducive to the prosperity of the said County of Bruce forthwith to take Stock in the Stratford and Huron Railway Company, the Canada North- 634 THE MUNICIPAL MANUAL. West Railway Company, or any other Company which the said Council may deem best for the interests of the said County of Bruce, and that to delay the same until the same until the said Provisional Municipal Council are in process of time suc- ceeded by the Municipal Council, would be prejudicial to and greatly retard the advancement of the said County, which their aiding in the accomplishment of undertakings of such vast importance woulc) ensure, and have prayed to be autho- rized by law to pass a By-law or By-laws to take such stock and to issue Debentures in manner hereinafter mentioned ; And whereas it is expedient to grant the prayer of the said petition : Therefore, <&c. The said 1. It shall and may be lawful for the Provisional Munici- Cmmcii may pal Council of the County of Bruce for the time being, to pass a By-law or By-laws for subscribing for and taking stock to an amount not exceeding one hundred thousand pounds, in the said Stratford and Huron Railway Company, the Canada North- West Railway Company, or any other Company which the said Council may deem best for the said County of Bruce, and to issue debentures in sums of not less than twenty-five pounds each, and. in the whole not exceeding the amount authorized by such By-law or By-laws, and to apply the same to the purpose for which such loan is hereby authorized j and the said Provisional Municipal Council shall have full power to impose and levy taxes on the assessable property in the said County for the purpose of paying the principal and interest of such debentures. 100,000 stock in the Railway. 20 VIC. CAP. 79. An Act to legalize and make valid certain By-laws of the late Home District Council passed in reference to certain Roads in the County of Ontario. [Assented to 10th June, 1857.] Private Act. Preamble. 20 VIC. CAP. 80. An Act to amend the Act conveying to the City of Toronto certain Water Lots, with power to the said City for the construction of an Esplanade, and to enable the said City to locate the Grand Trunk Railroad and other Railroads along the frontage of the said City. [Assented to 10th June, 1857.] WHEREAS under and by virtue of the Act sixteenth Victo- r ' ia ; chapter two hundred and nineteen, the Mayor, Aldermen THE MUNICIPAL MANUAL. 635 and Commonalty of the City of Toronto, have contracted \vith the Grand Trunk Railway of Canada, for the building and con- struction of an Esplanade in front of the said City, according to a certain plan to the said contract annexed, a copy of which plan has been filed and deposited in the office of the Commis- sioner of Crown Lands in this Province, and it has become necessary to grant further and other powers to the said the May- or, Aldermen and Commonalty of the City of Toronto, to enable them to complete the said Esplanade, according to the said contract, and certain other work connected therewith : there- fore, &c. 1. It shall and may be lawful for the said Mayor, Alder- The Corpora- men and Commonalty of the City of Toronto, and for their Sronto may contractors, workmen, servants and agents, to enter in and enter u P n upon all lands and water lots, and to cross all wharves, docks, fandsVa piers and premises lying within the limits of the said Espla- SJ^fo/the nade, as laid down on the said plan annexed to the said con- Esplanade, tract, and take possession thereof, and use and occupy the same to the width of one hundred feet for the purposes of the said Esplanade, and to take down and remove all buildings and erections now being upon the said line of the said Espla- nade, as laid down on the said plan so annexed to the said contract, and filed and deposited in the said office as aforesaid, and to locate the roadway of the said Grand Trunk Railway and other Railways to the width of forty feet thereon, as shewn on the said plan, doing no unnecessary damage and interfering Doing no with and interrupting the approach to and the use of the said unnecessary wharves, docks and piers upon any of the water lots crossed for the purpose of the said Esplanade as little as possible : Pro- ~ T 7 ii . v i_ .Proviso : Act viaed always, that nothing in this or any previous Act con- not to pre- tained, shall prevent the said Mayor, Aldermen and Common- Sting 6 of alty of the City of Toronto, and the several Railway Companies }|j e ^JJjgf interested therein, by and with the consent of the Governor manner!* n in Council, within two years from the passing of this Act, from locating the different lines of the said Railways along the frontage of the said City, in such manner between the said forty feet mentioned in the said contract and according to the said plan, and the south side of Front Street from the Queen's Wharf to Yonge Street in the said City, as shall be most con- ducive to the public interests. 2. It shall and may be lawful for the said Mayor, Alder- The Baid men and Commonalty of the City of Toronto, to contract with Corporation the said Grand Trunk Railway Company of Canada, or any KiHnf^ person or persons, company or Companies forthwith (and dur- the wl j. ol ing the construction of the said Esplanade under the said con- tKnorthwn THE MUNICIPAL MANUAL. limit of the Esplanade to the Bay, and enter \apon pro- perty for SIHng up the said space. How the cost of filling shall be paid. Proviso : mode of as- certaining the share of the cost to be paid by each party Interested. Arbitration in case of non agree- ment. tract), to fill up and grade to the level of the said Esplanade, as laid down on the said plan, the whole space lying between the northern limit of the said Esplanade as laid down on the said plan annexed to the said contract, and now in the course of construction, and the present shore of the Bay of Toronto, and extending from the said Esplanade eastward to Cherry street, and westward to the Queen's Wharf, and to enter in and upon and pass over and along all the water lots in front of the said City for that purpose, interfering with and interrupting the approach to all wharves, docks and piers, and the enjoy- ment of the same, by their respective owners and occupiers as little as possible; and the expenses of filling up and grading the same, shall be ascertained in manner hereinafter mentioned, and shall be repaid to the said Mayor, Aldermen and Com- monalty of the City of Toronto, by the owners and other per- sons having estates in the land on which such grading, level- ling and filling in shall be done, such persons being charged in an equitable proportion according to the nature and extent of their estate in the said lands, and any contract or contracts for the like purpose that may heretofore and before the passing of this Act have been entered into by the Mayor of the said City of Toronto, on the behalf of the said city, under the sanc- tion and authority of any resolution of the Common Council of the said city, shall be legal, valid and binding on all parties named in the said contract, and shall be taken and considered for all intents, purposes and uses whatsoever, as a contract made under the authority and provisions of this Act; Provided al- ways, that the amount to be paid to the city for the said filling in, grading and levelling of such vacant space, shall be ascertained in the first instance by the City Surveyor, ia manner as pro- vided in the said Act in respect to the said Esplanade, and all sums to be paid to the owners of water lots in fee, their assignees, lessees or representatives, in respect of the land or lands covered with water taken by the said Mayor, Aldermen and Commonalty of the City of Toronto, for the purposes of the said Esplanade, as well as the amounts to be paid to the said Mayor, Aldermen and Commonalty of the City of Toronto, by the lessees or occupants of the water lots belonging to the City of Toronto for the construction of the said Esplanade, or by any party or parties whomsoever, for the filling up, grading and levelling of the said space north of the Esplanade herein- before mentioned, and if the same cannot be agreed upon and adjusted between the said parties interested therein, shall be ascertained and settled by arbitration, in the same manner as is provided in other cases by the said recited Act, and every arbitrator appointed under the said recited Act or this Act, THE MUNICIPAL MANUAL. 63 T shall, before entering upon the duties of his said office, be sworn before one of the Judges of the Superior Courts of this Province, well, truly and faithfully, and without partiality to fulfil the duties thereof to the best of his judgment. 3. For and notwithstanding any Act of the Parliament of T^^ this Province, or any clause, matter or thing therein contained Corporation to the contrary, it shall and may be lawful for the Mayor, ith borrow Aldermen and Commonalty of the City of Toronto, forthwith JJJJ^jJ* and without further notice or other proceeding, to pass a By- thecost of law to raise a Loan for such an amount, not exceeding seventy- five thousand pounds, as may be necessary for the purpose of filling in, grading and levelling the said space between the north line of the Esplanade and the shore of the Bay, and the extensions thereof as^ aforesaid, and to issue any number of Debentures payable in this Province or elsewhere, in sums of not less than one hundred pounds, which may be requisite and necessary therefor, payable in twenty years from the respective dates thereof, and for the purpose of redeeming the same and paying the interest thereon, a special rate may be imposed as provided in the Act hereinbefore mentioned, and shall be ap- plied in payment of interest and in forming a sinking fund for principal in like manner as therein provided. 4. And whereas the property directed by the Letters Pa- Recital, tent of the twenty-first February, one thousand eight hundred and forty, mentioned in the said Act,- to be conveyed to the said water lot owners therein referred to, was intended as a compensation for the land which might be taken from them respectively for the Esplanade, and for the expense of making so much thereof as should be made on the lands taken from them respectively : Be it y &c., that the owners be respectively Appeal to charged with their respective shares of such expense : and if ^Miration > _ , " . , from parties any such water lot owner or person having estate in any such dissatisfied water lot, shall be dissatisfied with any such compensation, JJ^Jfonfor his claim to a further allowance shall, if not agreed upon, be land taken determined by arbitration as aforesaid, and in coming to such decision, the said Arbitrators shall take into consideration the Increaged increased value of the lots by means of the improvements con- value, &c., to templated by this Act, as well as all other matters connected therewith, and also the value of the strips of land between the ration, same and the top of the bank, and of the land covered with water in front thereof to be conveyed to the owners in fee of the said water lots under the provisions of the Act first above mentioned, and if such increased value of the said water lots Excess of and the value of the said strips of land and portions of land awarded* 7 covered with water, together with the expense of construction the City. 638 THE MUNICIPAL MANUAL. the said Esplanade, shall equal the value of the land taken for the Esplanade, it shall be the duty of the Arbitrators to decide in favor of the city generally, and if it shall exceed the value of the land taken, then to decide that such excess shall be paid to the city by the said water lot owners in manner provided by the said Act hereinbefore mentioned, for payments to the city Proviso: Act for the construction of the said Esplanade; Provided always, certain* 1 ** * tnat nothing in this section contained, shall affect the right, if rights. any, of any party who may claim any strip of land covered by water or otherwise, adjoining the water lots granted by any patent issued prior to the said twenty first day of February, one thousand eight hundred and forty, but the rights of such party, if any, to such strips of land shall remain the same as be- fore the passing of this Act. AS to pay- 5. All sums of money ordered to be paid by the said SSin / to 8 Mayor, Aldermen and Commonalty of the City of Toronto, to Co? Nation ^ e owners of the said water lots in fee, shall be paid within fromowne?s one year from the date of the decision of the said Arbitrators, of water lots. or f rom the date of any rule of Court ordering the same, with interest, and the sum to be paid to the Mayor, Aldermen and Commonalty of the City of Toronto, by the lessees of water lots belonging to the said City of Toronto, and by all parties whomsoever, for the filling up, grading and levelling between the Esplanade and the shore of the Bay, shall be a charge upon the lands in respect to which the same is payable, in the manner provided as to the Esplanade by the first mentioned Act, from the time a certificate of the said decision of the said Arbitrators signed by them, or a certificate of a rule on any appeal under the seal of the Court from whence it issues, shall be registered in the Registry Office of the County of York, for the purpose of which registry no other proof shall be required than proof by affidavit of the handwriting of the said Arbitra- tors, or the seal of the said Court; and such moneys last mentioned shall be payable and recoverable if not paid, in the manner provided for in the Act first above mentioned, and shall be applied as by the said Act is also directed. The said G. For and notwithstanding any matter or thing contained nSyiS?r in tne ^ &ieili from tne Crown, dated the fourteenth day of sen a certain July, one thousand eight hundred and eighteen, mentioned in Ewtwith- anc1 ' the eighth section of the Act hereinbefore referred to, it shall co1TdUiol a ia y an< * raa y k lawful for the said Mayor, Aldermen and Com- Se patent monalty of the City of Toronto, to lease for any term or terms granting it. O f y earg> or to a g re e for the sale of and absolutely to sell and dispose of the space or strip of land in the said patent and section of the said Act described, freed and discharged from THE MUNICIPAL MANUAL. 639 any and all of the said trusts, conditions and restrictions in the said Patent contained; and all moneys received therefor, Application whether by way of rent or otherwise, shall be carried to a aj2ng eys special account by the Chamberlain of the City of Toronto, and therefrom, shall be expended by the said Mayor, Aldermen and Common- alty of the City of Toronto, in the purchase, planting, orna- menting and care of some other piece or parcel of land to be held by the said Mayor, Aldermen and Commonalty of the City of Toronto, upon similar trusts as are in the said patent contained and set forth. T. Provided always, that nothing in this Act contained Act not to shall apply to or affect any of the lands or property formerly f 0r merfy d8 vested in the principal Officers of Her Majesty's Ordnance and oJ^^* 11 ' referred to in the Act passed in the nineteenth year of Her Department. Majesty's Rei^n, chaptered forty-five, or any lands or property of Her Majesty, nor shall any of the powers herein given to the Mayor, Aldermen and Commonalty of the City of Toronto, be construed as in any way applying thereto. 8. This Act shall be taken to be a Public Act. Public Act. 20 VIC. CAP. 81 An Act to authorize the City of Toronto to erect Water Works, and to levy a water rate. [Assented to 10th June, 1857.] 20 VIC CAP. 82. An Act to enable the City Council of the City of London, to sell and convey certain land in the City of London, called the Potter's Field. [Assented to 10th June, 1857.] 20 VIC. CAP. 83. An Act to authorize the City of Hamilton to negotiate a Loan of Fifty Thousand Pounds. [Assented to 10th June, 1857.] 20 VIC. CAP. 84. An Act to amend the Act intituled, An Act for the Construc- tion of Water Works in the City of Hamilton. [Assented to 10th June, 1857.] G40 THE MUNICIPAL MANUAL. Preamble. Ottawa may raise a loan of 30,000. Debentures maybe issued for such loan. Form of Debentures, &e. Application of the mo- neys so raised to pay present debts of the City. 20 VIC. CAP. 85. An Act to consolidate the debt of the City of Ottawa. [Assented to 10th June, 1857.] WHEREAS the Corporation of the City of Ottawa have peti- tioned to be authorized by law to borrow on the debentures of the said City a sum not exceeding thirty thousand pounds, for certain purposes and under certain restrictions in the said pe- tition set forth, and it is expedient that the prayer of the said petition should be granted : Therefore, &c. 1. It shall and may be lawful to and for the Mayor, Al- dermen and Commonalty of the City of Ottawa to raise by way of loan upon the credit of the debentures hereinafter mentioned, from any person or persons, body or bodies corpo- rate, either in this Province or in Great Britain or elsewhere, who may be willing to lend the same, a sum of money not ex- ceeding the sum of thirty thousand pounds of lawful money of Canada. 2. It shall and may be lawful for the Mayor of the said City of Ottawa, from time to time, to cause to be issued de- bentures of the said City under the Corporation seal, signed by the Mayor and countersigned by the Chamberlain of the said City for the time being, in such sums not exceeding in the whole the said sum of thirty thousand pounds, as the Com- mon Council shall direct and appoint ; and the principal sum secured by the said debentures and the interest accruing thereon, shall be made payable either in this Province, in Great Britain or elsewhere, as the said Common Council shall deem expe- dient or necessary. 3. So much of the said loan so to be raised as aforesaid as shall be necessary for the purpose, shall be applied by the said Mayor, Aldermen and Commonalty of the said City of Ottawa, in the redemption of the debentures outstanding for stock in the Ottawa and Prescott Rail way Company as per By-law num- ber seventy-nine of the late Town Council of the late Town of Bytown, now the said City of Ottawa, amounting to about fourteen thousand pounds ; for fire engines, &c., as per By-law number eighty-four of the said late Town Council, amounting to about two thousand pounds ; for market lots as per By-law number ninety-seven of the said late Town Coun- cil, amounting to about two thousand pounds; for certain improvements as per By-law number one hundred and two of the said late Town Council, amounting to about two thousand THE MUNICIPAL MANUAL. 641 pounds f for certain other improvements as per By-law num- ber one hundred and eighteen of the said late Town Council, amounting to about five thousand pounds } and the remainder Remainder, of the said loan shall be applied in aid of any public improve- ments now or hereafter to be erected or constructed in the said City. And the Chamberlain of the said City is hereby chamber- authorized and empowered, on receiving instruction so to do jjJj^Snj! 1 from the City Council, to call in such debentures of the said ingDeben- City as may have heretofore been issued by virtue of the afore- tures ' said By-laws or either of them, and to substitute therefor debentures to be issued under this Act. ^r.^For the payment satisfaction and discharge of the de- special rate bentures to be issued by virtue of this Act, it shall and may be Jj Jo forma lawful for the Common Council of the said City of Ottawa, sinking and they are hereby required, to impose a special rate per Fund ' annum, (over and above and in addition to all other rates to be levied in each year, and over and above the interest to be payable on such debentures,) which shall be sufficient to form a sinking fund of two per cent, per annum for that purpose. 5. -It shall be the duty of the Chamberlain of the said investment City of Ottawa* from time to time, to invest all sums of money a . nd appifca- . J -. i ? i r. .1 . , . . -, i . _! . tionofthe raised by special rate for the sinking fund provided in this sinking Act, either in the debentures provided for by this Act, or in Fund> any debentures issued by the Government of Canada, or in such other securities as the Governor of this Province shall by Order in Council direct or appoint, and to apply all dividends or interest on the said sinking fund to the extinction of the debts created by this Act. 6. For and notwithstanding any provision, clause, matter when the or thing contained in any Act of Parliament of this Province Debentures to the contrary, it shall and may be lawful for the Common i" w s e of y * Council of the said City of Ottawa, after having called in and Jj^J/Sy. paid the debentures described in this Act, to repeal the By- laws' may be laws of the said Council or of the Council of the late Town of re P ealed - Bytowh, authorizing the levying of. special rates for the pur- pose of paying and satisfying the said debentures. 7. The provisions of the Statute of this Province, passed Bylaws im- in the eighteenth year of Her Majesty's Reign, chaptered one Jj^aotlle hundred and thirty-three, and intituled, An Act to require that submitted to all By-laws of City, Town, Village or Township Councils in notinS- Vpper Canada, for raising money upon the Credit of such standing is City, Town, Village or Township Corporations, shall be ap- Vic ' c< lo " proved by a majority of the Municipal Electors, before they R 2 642 THE MUNICIPAL MANUAL. come into force, shall not apply to this Act, or to any By-law or By-laws to be passed under the authority thereof. public Act. 8. This Act shall be deemed a Public Act. 20 VIC.CAP. 87. An Act to empower the Town Council of Godericli to apply to certain purposes an unexpended balance of money raised for other purposes. [Assented to 27th May, 1857.] 20 VIC.CAP. 88. An Act to confirm a Conveyance made by the Municipal Council of the Town of Goderich of a portion of the Mar- ket Square of the said Town to the Municipal Council of the United Counties of Huron and Bruce. [Assented to 27th May, 1857.] Town of Wards. Westward, ed. W b UDd " 20 TIC. CAP. 89. An Act to incorporate the Town of Bowmanville, and to de- fine the limits thereof. [Assented to 27th May, 1857.] ]. The tract of land within the boundaries or limits of the present Village of Bowmanville, shall, upon, from and after the first day of January, in the year of our Lord one thousand eight hundred and fifty-eight, be incorporated into a Town, to be called and designated as the Town of Bowmanville. 3. The said Town of Bowmanville shall be divided into three Wards, to be called respectively the West Ward, South Ward, and North Ward. 1. The said West Ward shall be bounded as follows, that is to sa y : Commencing at the north-west angle of the said town ; thence, in a southerly direction along the boundary, to the base line road; thence, easterly along the base line road until it intersects the allowance for road between lots numbers twelve and thirteen, late of the Township of Darlington; thence, northerly along the said allowance for road until it intersects Queen Street; thence, easterly along the centre of Queen Street until it intersects Temperance Street; thence, northerly along the centre of Temperance Street until it intersects Wel- lington Street; thence, westerly along the centre of Wellington THE MUNICIPAL MANUAL. 643 Street until it intersects the street east of and next to the building occupied as a public school house ; thence, northerly along the centre of the said street to the concession line be- tween the first and second concessions ; thence, easterly along the said concession line to the junction of High Street; thence, northerly along the centre of High Street and the division between lots numbers eleven and twelve, late of the Township of Darlington, to the northern boundary of the Town ; thence, westerly along the northern boundary, to the place of beginning. 2. The said South Ward shall be bounded as follows, that southward, is to say : Commencing where King Street intersects Ontario e j. w Street ; thence, southerly along the centre of Ontario Street to where it intersects Queen Street ; thence, in a westerly di- rection along the centre of Queen Street to its junction with Scugog Street; thence, in a southerly direction along the al- lowance for road between lots numbers twelve and thirteen, late of the Township of Darlington, to the base line road ; thence, easterly along the base line road to the division be- tween lots numbers eleven and twelve ; thence, in a southerly direction along the said division to the Lake shore or southern boundary ; thence, in an easterly direction along the Lake shore to the division between lots numbers eight and nine ; thence, northerly along the said division to the base line road ; thence, easterly along that road to the eastern boundary of the Town ; thence, northerly along the said boundary to King Street ; thence, westerly along the centre of King Street, to the place of beginning. 3. The said North Ward shall be bounded as follows, that uorth ward. is to say : Commencing where Ontario Street intersects King fc Street; thence, easterly along the centre of King Street to the boundary of the Town ; thence, northerly along that boundary to the north-east angle of the Town ; thence, westerly along the northern boundary of the Town to the division line be- tween lots numbers eleven and twelve, late of the Township of Darlington ; thence, southerly along the said division line to High Street; thence, in the same direction along the centre of High Street until it intersects the line of road between the first and second Concessions ; thence, westerly along the said road to its junction with Silver Street ; thence, southerly along the eastern boundary of West Ward until Silver Street inter- sects Wellington Street ; thence, along the centre of Welling- ton Street until it intersects Temperance Street ; thence, southerly along the centre of Temperance Street to Queen Street ; thence, easterly along the centre of Queen Street to Ontario Street ; thence, northerly along Ontario Street, to the place of beginning. 644 THE MUNICIPAL MANUAL. 20 VIC. CAP. 90 An Act to authorize the Town of St. Catharines to negotiate a loan of forty-five thousand two hundred and. forty -eight pounds, to consolidate the debt of the Town, and for other purposes. [Assented to 27th May, 1857.] 20 VIC. CAP. 91. An Act for the construction of Water Works in the Town of Saint Catharines. [Assented to 27th May, 1857.] 20 VIC. CAP. 92. An Act to incorporate the Town of Milton, in the County of Halton. [Assented to 27th May, 1857.] Milton to be 1- From and after the passing of this Act the inhabitants an incorpo- O f the Town of Milton shall be a body corporate apart from wn ' the Township of Trafalgar, in which the said Town is situate, and as such shall have perpetual succession and a Common Seal, with such powers as are now by law conferred upon In- corporated Towns in Upper Canada ; and the powers of such Corporation shall be exercised by, through and in the name of the Municipality of the Town of Milton. Boundaries ^he said Town of Milton shall comprise and consist of of the Town, the following lots and parcels of land, that is to say : Lots numbers thirteen and fourteen in the second Concession in the new survey of the Township of Trafalgar. 3. The said Town of Milton shall be divided into three Wards in the manner following, that is to say : North Ward shall comprise all that part of the said Town north of the centre line of Main street, from the eastern to the western boundaries of the said Town. East Ward shall comprise all that part of the said Town south of the centre line of Main street, and east of the centre line of Foster street, prolonged to the southern boundary of the said Town. South Ward shall comprise all that part of the said Town lying south of the centre line of Main street, and west of the centre line of Foster street; prolonged to the southern boundary of the said Town, Division into Wards. North Waid. East Ward. Southward. THE MUNICIPAL MANUAL. 645 20 VIC. CAP. 93. An Act to incorporate the Town of Oakville. [Assented to 27th May, 1867.] 1. From and after the passing of this Act, the inhabitants oakyiiie to of the Town of Oakville shall be a body corporate apart from ^Jgj 100 *" the Township of Trafalgar in which the said Town is situate, Town. and as such shall have perpetual succession and a Common Seal, with such powers as are now by law conferred upon In- corporated Towns in Upper Canada ; and the powers of such Corporation shall be exercised by, through and in the name of the Municipality of the Town of Oakville. 2. The said Town of Oakville shall comprise and consist Boundaries of the following lots and parcels of land, that is to say : Lots oftheTown - numbers twelve, thirteen, fourteen, fifteen and sixteen, and the gore adjoining lot sixteen in the third concession of Trafalgar, and lots eleven, twelve, thirteen, fourteen, fifteen, sixteen and the gore, and lot seventeen in the broken front or fourth con- cession of the said Township of Trafalgar. 3. The said Town of Oakville shall be divided into three Division into Wa'rds in the manner following, that is to say : Wards - Ward number one shall comprise all that portion of the Town ward west of Navy street, with the entire portion lying on the west No- One< side of the Sixteen Mile Creek. Ward number two shall comprise all that portion of the ward Town east of Navy Street and south of Colborne Street. NO. TWO. Ward number three shall comprise all that portion of the Ward Town east of Navy street and north of Colborne street. No> Three - 20 VIC. CAP. 94. An Act to incorporate the Town of Sandwich, in the County of Essex. [Assented to 10th June, 1857.] 1. The town plot or tract of land to be known as the Town Town of of Sandwich, shall hereafter be extended, and shall be and lie Sandwich in- within the boundaries mentioned in the Schedule A to this corpo " Act, and shall, upon, from and after the first day of January, in the year of our Lord one thousand eight hundred and fifty- eight, be called and known as the Town of Sandwich, and the inhabitants thereof shall be incorporated with the rights, powers and privileges of an incorporated town ; Provided at- Provi80 ivays, that this Act shall not affect the rights of the Sandwich and Windsor Gravel Road Company. 646 THE MUNICIPAL MANUAL Five Coun- cillors to form the Town Council. 3. The said Town of Sandwich shall not be divided into Wards, but the whole of it shall be considered as one Ward, and shall be represented by five Councillors, who shall form the Town Council thereof. Town of Lindsay in- eorporated. SCHEDULE A. BOUNDARIES OF THE TOWN OF SANDWICH. Commencing at the water's edge of the River Detroit on the limits between lots numbers fifty-seven and fifty-eight, in the Front Concession of the Township of Sandwich ; thence, on a course south, seventy-four degrees east, to the eastern side of the second concession road; then, north, following the course of the said concession road on the eastern limit thereof, until it intersects the northerly limits of lot number fifty-nine; then, south, seventy-four degrees east until it intersects the northerly limits of the Huron Church Road; then, north, twenty-eight degrees west along the northern side of the said Huron Church Road, to the south-easterly side of the second concession road L' Assomption ; then, along the said south-easterly side of the said concession road, to the limits between lots numbers sixty- seven and sixty-eight ; then, across said concession road and following the limits between lots numbers sixty-seven and sixty-eight on a course north twenty-eight degrees west, to the edge of the River Detroit ; thence, continuing the last men- tioned course until it shall reach the Channel Bank of the River Detroit ; then, following the stream along the said Chan- nel Bank until the same shall intersect a line produced from the place of beginning on a course north seventy-four degrees west ; then, on a course south seventy-four degrees east, to the place of beginning. 20 VIC. CAP. 95. An Act to incorporate the Town of Lindsay and define the Limits thereof. [Assented to 10th June, 1857.] 1. From and after the passing of this Act the inhabitants of the Town of Lindsay shall be a body corporate apart from the Township of Ops, in which the said Town is situated, and as such shall have perpetual succcession and a common seal, with such powers as are now by law conferred upon Incorpo- rated Towns in Upper Canada, and the powers of such Cor- poration shall be exercised by and through, and in the name of the Municipality of the Town of Lindsay. THE MUNICIPAL MANUAL. 647 55, The said Town of Lindsay shall be comprised within Limits of the the following limits or boundaries, that is to say : The present said Town * Town and Park Lots as laid out by the Government, and lots numbers nineteen and twenty-two in the fifth concession, and lots numbers nineteen, twenty, twenty-one and twenty- two, in the sixth concession of the aforesaid Township of 5$. The said Town of Lindsay shall be divided into three Number and Wards, to be known as the North Ward, South Ward, and East Ward respectively. The North Ward shall consist of all that part of the Town, north of the centre line of Peel Street, and west of the centre line of the boundary or concession line, between the fifth and sixth concessions of the said Township of Ops : The South Ward shall consist of all that part of the South Ward . Town south of the centre line of Peel Street, and west of the centre line of the boundary or concession line between the fifth and sixth concessions of the said Township of Ops : And the East Ward shall consist of all that part of the Town east of East Ward, the centre of the aforesaid boundary or concession line, be- tween the fifth and sixth concessions of the said Township of Ops. 20 VIC. CAP 96. An Act to Incorporate the Town of Collingwood. [Assented to 10th June, 1857.] 1. From and after the First day of January, in the year Collingwood of our Lord one thousand eight hundred and fifty-eight, the incorporated inhabitants of the Town of Collingwood shall be a body cor- from istJan- porate apart from the Township of Nottawasaga in which the uary ' 1858< said Town is situate, and as such shall have perpetual succes- sion and a common Seal, with such powers as are now by law conferred upon incorporated Towns in general, and as if the proYisions said Town had been mentioned and included in the Schedule J^'id a i B annexed to the Upper Canada Municipal Corporations Act, Corporations 1849, and with the rights, powers and privileges which shall * to ppiy by virtue of any Act or parts of Acts now in force in Upper Canada, or which shall hereafter be in force, belong to incor- porated Towns in general, and all the rules, regulations, pro- visions and enactments therein contained, or which shall in any wise relate or belong to the same, shall apply to the Town of Collingwood as fully as if the said Town had been contained in the said Schedule B, with the exception hereinafter made as regards the first election. 648 THE MUNICIPAL MANUAL. Boundaries 2. The said Town of Collingwood shall comprise and eon- of the Town. g . gfc Q f a u tnat p art O f tne Township of Nottawasaga, in the County of Simcoe, which is bounded as follows, that is to say : commencing where the side line of lots forty and forty-one in the sixth concession of the said Township, strikes the five feet water line on the Georgian Bay, Lake Huron ; thence, south- westerly along the said side line, and the side lines of lots forty and forty-one in the seventh, eighth, ninth and tenth concessions to where the side line of lots forty .and forty-one in the eleventh concession strikes the tenth and eleventh con- cession line } thence, northerly down the west side of the said concession line, to the south side of the mountain road ; thence, westerly along the south side of the mountain road to the centre of the Town line between the Township of Collingwood and the said Township of Nottawasaga ; thence, northerly along the centre of the said Town line to the five feet water line, as granted by the Crown in Deeds to private individuals across the front of Collingwood Harbour, to the place of beginning. Division into 3 The said Town of Collingwood shall be divided into Wards. three Wards in the manner following, that is to say : Centre Ward, East Ward and West Ward, and the said Wards shall CentreWard. ^ e bounded as follows : Centre Ward shall consist of that portion of the said Town of Collingwood bounded on the south by the side line of lots forty and forty-one, on the north by the five feet water line, and bounded on the east by the centre of the Railroad track, on the west by the centre of Maple Eastward, street; the East Ward to be composed of all that portion within the limits of the said Town to the east of the centre of Westward, the Railroad track ; and the West Ward to be composed of that portion of the said Town within the limits of the said Town to the west of the centre of Maple street. 20 VIC. CAP. 97. An Act to Incorporate tlie Town of Windsor, and to divide the same into Wards, and to define the limits thereof. [Assented to 10th June, 1857.J village of ! The Village of Windsor as described and defined by ^ m ^ ts un ^ er tne Soyal Proclamation, bearing date the twenty- eighth day of September, one thousand eight hundred and fifty-three, shall, upon, from and after the first day of January, in the year of our Lord one thousand eight hundred and fifty- Provisions of eight, be incorporated as a Town, with the rights, powers and privileges of incorporated Towns in general, and as if the said THE MUNICIPAL MANUAL. 649 Town had been mentioned and included in the Schedule B, rations Acts annexed to the Upper Canada Municipal Corporations Act of ^PP 1 ? 110 1849, and with the rights, powers and privileges which shall by virtue of any Act or parts of Acts now in force in Upper Canada, or which shall hereafter be in force, belong to incor- porated Towns in general, and all the rules, regulations, pro- visions and enactments therein contained, or which shall in any wise relate or belong to the same, shall apply to the Town of Windsor as fully as if the said Town had been contained in the said Schedule B, with the exception hereinafter made as regards the first election. 2. The said Town of Windsor shall be divided into three Division into Wards, in the manner described in the Schedule to this Act ; Wards - and to be named respectively First Ward, Second Ward and Third Ward. SCHEDULE. "WARDS OF THE TOW.N OF WINDSOR. The First Ward shall comprise all that part of the said Town known as lots seventy-five, seventy-six, seventy-seven, seventy-eight, seventy-nine and eighty, according to Mr. Niff's numbers, in the first concession of the Township of Sandwich, extending the same respectively to the water's edge of the River Detroit, together with so much of the water of the said River, and of the land under the said water, as lies in front of the said lots and extends to the channel bank of the River Detroit. The Second Ward shall comprise all that part of the said Town known as lots eighty-one and eighty-two (or the Ouellette Farm), eighty-three, eighty-four, eighty-five, eighty- six and eighty-seven, according to Mr. Niff's numbers, in the first concession of the Township of Sandwich, extending the same respectively to the water's edge of the River Detroit, together with so much of the water of the said River, and of the land under the said water, as lies in front of the said lots, and extends to the channel bank of the River Detroit. The Third Ward shall comprise all that part of the said Town known as lots eighty-eight, eighty-nine, ninety, ninety- one, ninety-two and ninety-three, according to Mr. NiflTs numbers, in the first concession of the Township of Sandwich, extending the same respectively to the water's edge of the River Detroit, together with so much of the water of the said River, and of the land under the said water, as lies in fronfc of the said lots and extends to the channel bank of the River Detroit. 650 THE MUNICIPAL MANUAL. 20 VIC. CAP. 98. An Act to Incorporate the Village of Bradford in the County of Simcoe. [Assented to 27th May, 1857.] village in- 1, The tract of land lying within the boundaries herein- afte p risu d an- after mentioned, shall, upon, from, and after the first day of uary, 1858. January, in the year one thousand eight hundred and fifty- eight, be incorporated as, and shall be a Village, to be called and designated as the Village of Bradford. 3. The said Village of Bradford shall consist of all that part of the Township of West Gwillimbury, in the County of Simcoe, which is bounded as follows, that is to say : com- mencing at the point of intersection of the Western bank of the Holland River with the southern limit of the sixth con- cession of the said Township; then West along the said southern limit to the Western limit of lot fourteen in the sixth concession aforesaid -, then North along the said Western limit across the sixth and seventh concessions to the Northern limit of the said seventh concession ; then East along the said Northern limit to the West bank of the Holland River ; then South along the said West bank, to the place of beginning. Boundaries of the Vil- lage. Reeve of Kemptville entitled to sit in the County Council. Kemptville to have its fair proper-, tion of cer- 20 VIC. CAP. 99. An Act to amend an Act intituled " An Act to Incorporate the Village of Kemptville," and to legalize the late election for Village Councillors held thereunder. [Assented to 27th May, 1857.] 3. The Reeve elected and appointed at the first meeting of the said Councillors to represent the said Municipality of the Village of Kemptville, in the Municipal Council of the United Counties of Leeds and Grenville, is and shall be en- titled to sit and act as a member of the said Municipal Council upon producing the certificate of having taken the oath of qualification as in the next preceding clause mentioned, and is and shall be entitled to act as Reeve for the said Village of Kemptville in every respect, in the same manner as if the said certificate had actually been given, and he had taken and subscribed the oath of qualification therein required, at the time and in the manner required by law. 3. The said Municipality shall be entitled to receive, and it shall be the duty of the Municipality of the Township of Oxford from time to time, to transfer and deliver to the said THE MUNICIPAL MANUAL. 651 Municipality of the Village of Kemptville, stock or scrip for tain Railway stock in the Ottawa and Prescott Railway Company, to the gc jfp. or extent of any sum or sums of money that the said Municipality of the Village of Kemptville may pay as its proportion of the debt due by the said Municipality of the Township of Oxford, for stock subscribed in the said Railway Company. 20 VIC. CAP. 100. An Act to Incorporate the Village of Clinton. [Assented to 27th May, 1857.] 1. Upon, from, and after the first day of January, one ciinton in- thousand eight hundred and fifty-eight, the inhabitants of the Village of Clinton comprised within the boundaries hereinafter from 1st Jan- named, shall be a body corporate apart from the Townships in uar y> 1858 - which the said Village is situate, and as such shall have per- petual succession and a Common Seal, with such powers as now by law are conferred upon Incorporated Villages in Upper Canada ; and the powers of such Corporation shall be exercised Corporate by, through, and in the name of the Municipality of the Vil- P wers - lage of Clinton. SCHEDULE. BOUNDARIES OF THE VILLAGE OF CLINTON. The said Village of Clinton shall include and consist of the following lots or parcels of land, that is to say : Lots numbers forty-two, forty-three and forty-four in the first concession of the Huron Road, in the Township of Tuckersmith; Lots numbers twenty-three and twenty-four in the first concession of the Township of Hullett ; Lots numbers one, two, twenty- three and twenty-four in the Huron Road concession of the Township of Groderich, and lot number fifty in the Bayfield concession in the said Township of Goderich. 20 VIC. CAP. 101. An Act lo Incorporate the Village of Iroquois, in the County of Dundas. [Assented to 27th May, 1857.] 1. From and after the passing of this Act, the inhabitants of the said Village of Iroquois shall be a body corporate apart from the Township of Matilda in which the said Village is as * Villa e e - situate ; and as such shall have perpetual succession and a 652 THE MUNICIPAL MANUAL. Common Seal, with such powers and privileges as are now or shall hereafter be conferred on Incorporated Villages in Upper Canada, and the powers of such Corporation shall be exercised by, through, and in the name of the Municipality of the Til- lage of Iroquois. Boundaries *J. The said Village of Iroquois shall comprise and consist tage! e V: of tne following lots and parcels of lands, that is to say : Lots twenty-one, twenty-two, twenty-three and twenty-four, in the first concession Township of Matilda, in the County of Dundas, reckoned from the Eastern boundary of that Township. 20 VIC. CAP. 102. An Azt to Incorporate the Village of Newmarket. [Assented to 27th May, 1857.] Newmarket ^* Upon, from and after the first day of January, one incorporated thousand eight hundred and fifty-eight, the inhabitants of the lt Jan- Village of Newmarket comprised within the boundaries in the 1858. Schedule to this Act named, shall be a body corporate, apart from the Townships in which the said Village is situate, and as such shall have perpetual succession and a Common Seal, with such powers as are now by law conferred upon Incorpo- rated Villages in Upper Canada; and the powers of such Corporation shall be exercised by, through and in the name of the Municipality of the Village of Newmarket. Taxes in the 5. It shall not be lawful for the Municipal Council of the vniage lim- ^id yiH a g e to levy, in any one year upon the ratable property of the said Village, for the local purposes of the said Village, except for School purposes, a higher rate than one shilling in the pound on the annual value of the said property, as shewn by the Assessment Roll. SCHEDULE. BOUNDARIES OP THE VILLAGE OF NEWMARKET. The said Village of Newmarket shall consist of all that part of the County of York which is bounded as follows, that is to say : commencing in the centre of the first concession of the Township of Whitchurch, on the northern boundary of lot number ninety-five, on the east side of Yonge Street ; then, southerly, along the centre of the said first concession, to the southern limit of lot number ninety-two, in the said first con- cession ; then, easterly, along the said southern limit of the said lot ninety-two, to the south-east angle of said lot ; then, THE MUNICIPAL MANUAL. 653 in a direct line, to the south-west angle of lot number thirty- two, in the second concession of the said Township of Whit- church ; thence, easterly, along the southern limit of said lot thirty-two, to the centre of the said second concession ; thence, northerly, along the centre of the said concession to the nor- thern limit of the allowance for road between the Townships of Whitchurch and East Gwillimbury ; thence, westerly, along the northern limit of the said allowance for road to the south- west angle of lot number one, in the second concession of the said Township of East Gwillimbury ; then, northerly, along the eastern limit of the allowance for road in front of the second concession of East Gwillimbury, three chains fifty links, more or less, to a point directly east of the north-easterly angle of that part of lot number ninety-six, in the first con- cession of the said Township of East Gwillimbury, belonging to George Lount, Esquire, of the Town of Barrie, County of Simcoe; then westerly, crossing the allowance for road last mentioned, along the northern limit of that part of said lot ninety-six, now and lately belonging to the said George Lount, Esquire, to the centre of the said first concession of East Gwillimbury ; thence, southerly, along the centre of the said first concession to the southern limit of the said lot number ninety-six ; then, crossing the allowance for road be- tween the said lots number ninety-six and ninety-five, in a direct line, to the place of beginning. 20 VIC. CAP. 103. An Act to Incorporate the Village of Waterloo, in the County of Waterloo. [Assented to 27th May, 1857.] 1, From and after the passing of this Act, the inhabitants Waterloo of the said Village of Waterloo shall be a body corporate apart JJ'J^f-JiJ* ? from the Township of Waterloo in which the said Village is situate; and as such shall have perpetual succession and a Common Seal, with such powers and privileges as are now or shall hereafter be conferred on Incorporated Villages in Upper Cauada, and the powers of sueh Corporation shall be exercised by, through and in the name of the Municipality of the Vil- lage of Waterloo. 2. -The said Tillage shall comprise and consist of the fol- Boundaries lowing lots and parcels of land, that is to say: the north-west ofthevn* quarter of lot number four, the west halves of lots five and six, lots numbers thirteen and fourteen, the north halves of 654 THE MUNICIPAL MANUAL. Recital. Berlin and may be unit- Townby Prociama- the Councils of both. Effect of such union. lots numbers fifteen and twenty-two, and lots numbers twenty- three and twenty-four, on the tract known as the German Company Tract in the upper block of the said Township of Waterloo. 1O, And whereas from the contiguity of the Town of Berlin and the said Village of Waterloo to each other, the inhabitants of the said Town and Village may hereafter desire to have the said places united, so as to form one Corporation : Be it, &c., that whenever the Councils of the said Town and Village shall join in a Petition to the Governor of this Pro- vince, praying that such union as one Corporation may take place, it shall and may be lawful for the said Governor by an Order in Council to issue a Proclamation under the Great g e al of this Province, erecting the said Town and Village into , an Incorporated Town, by a name to be given in or by such Proclamation, and to set forth the boundaries thereof; and f rom an( j a f ter tne fi rsfc fay O f j anuar y then next, the said Town and the said Village shall form one Corporation, with the name so to be given in the said Proclamation, and thence- forth all and every of the provisions of the Municipal Lawi of Upper Canada, relating to incorporated Towns, shall apply to the said united Corporation. Fort Erie 20 VIC. CAP. 104. An Act to Incorporate the Village of Fort Erie, in the County of Welland. [Assented to 10th June, 1857.] ! From and after the passing of this Act, the Inhabitants f tne sa id Village of Fort Erie shall be a body corporate apart from the Township of Bertie in which the said Village is situate, and as such shall have perpetual succession and a Common Seal, with such powers and privileges as are now or shall hereafter be conferred on incorporated Villages in Upper Canada, and the powers of such Corporation shall be exercised by, through and in the name of the Municipality of the Village of Fort Erie. Boundaries sa ^ Village shall comprise and consist of the tract as follows, that is to say : commencing at the Niagara River on a line with the south-east angle of lot num- ber five, in the first Concession of the said Township of Bertie, and running thence westerly along the southern boundary line of the said lot, to the south-east angle of lot number five in the second Concession of the said Township ; thence south, THE MUNICIPAL MANUAL. 655 until the line strikes the shore of Lake Erie ; thence along the shore of Lake Erie, and of the said River, to the place of beginning. 20 VIC. CAP. 105. An Act to Incorporate the Village of New Hamburg, in the County of Waterloo. [Assented to 10th June, 1857.] 1. From and after the first day of January next, the in- New Ham . habitants of the said Village of New Hamburg shall be a burgincor- body corporate apart from the Township of Wilmot in which ^Sje from the said Village is situate ; and as such shall have perpetual Jf 58 January< succession and a Common Seal, with such powers and privi- leges as are now or shall hereafter be conferred on Incorporated Villages in Upper Canada ; and the powers of such Corpora- tion shall be exercised by, through and in the name of the Municipality of the Village of New Hamburg. 3. The said Village shall comprise and consist of the fol- Boundaries lowing lots and parcels of land, that is to say : Lots twenty-two, of New Ham- twenty-three, twenty-four and twenty-five, north of Bleam's Road, and parts of lots twenty-two, twenty-three and twenty- four, south of Bleam's Road, and parts of lots twenty-two, twenty-three, twenty-four and twenty-five, south of Snyder's Road ; and shall be bounded as follows : commencing at the most easterly angle of the said lot twenty-two, north of Bleam'g Road ; thence south seventy-eight degrees thirty minutes west, twenty-six chains and sixty links j thence south thirty-eight degrees and thirty minutes east, one chain and eighty-five- links, more or less, to the River Nith, usually known as Smith's Creek ; thence south thirteen degrees and thirty minutes east, five chains; thence south seventy-eight degrees and thirty minutes west, thirty-one chains, more or less, to the west limit of the River Nith, and continuing along that limit or side, in a south-westerly and north-westerly course against the current to Bleam's Road ; thence south seventy -eight degrees west, along the said road to the limit between lots twenty-five and twenty-six ; thence north thirty-eight degrees thirty minutes west, to the north limit of Bleam's Road, thence continuing on the same course on the limit between lots twenty-five and twenty-six, to the centre or half the distance between Bleam's Road and Snyder's Road, and continuing the same across the said centre to the north or front limit of the rear fifty acres of lot twenty-five south of Snyder's Road ; thence north S3venty-eight degrees and thirty minutes east, along the said 656 THE MUNICIPAL MANUAL. north or front limit to the original Road allowance between lots twenty-four and twentyfive, south of Snyder's Road, crossing the said Road allowance, and continuing across lots twenty-four, twenty-three and twenty-two to the east limit thereof; thence south thirty-eight degrees and thirty minutes east, along the east limit of the said lot twenty-two, to the centre or half the distance between Bleam's Road and Snyder's Road, and continuing the same course along the east limit of lot twenty-two, north of Bleam's Road, to the place of be- ginning. 20 VIC. CAP. 106. An Ati to Incorporate the Village of Fergus, in the County of Wellington. [Assented to 10th JUne, 1857.] Fergus incor- 1. -From and after the first day of January next, the in- 1st jSu f ^ habitants of the said Village of Fergus shall be a body corpo- 1858. rate apart from t the Township of Nichol in which the said Village is situate; .and as such shall have perpetual succession and a Common Seal, with such powers and privileges as are now or shall hereafter be conferred on Incorporated Villages in Upper Canada, and the powers of such Corporation shall be exercised by, through, and in the name of the Municipality of the Village of Fergus. Boundaries SJ* 4 The said Village shall comprise and consist of the lots C ilge. e 1U " anc * pwrcels of land included within the following boundaries, that is to say: Commencing on the south bank of the Grand River where the Concession line between the fourteenth and fifteenth Concessions would strike that bank if produced ; thence north-west along that Concession line to the west angle of lot twenty -one in the said fifteenth Concession ; thence north- east along the division line between lots twenty and twenty* one to the Township line between Garafraxa and Nichol ; thence south-east along the said Township line to the south- east side of the Road from Fergus to Garafraxa, in the first Concession of the said Township of Nichol ; thence southwest along the south-east side of the said Road, until it intersects the Road allowance between lots number ten and eleven : thence north-west along the said Road allowance to the south bank of the Grand River; thence along the said bank of the Grand River, with the stream, to the place of beginning. THE MUNICIPAL MANUAL. 657 20 VIC. CAP. 107. An Act lj Incorporate the Village of JGlora, in the County of Wellington. [Assented to 10th June, 1857.] 1. From and after the first day of January next, the Eioramcor* Inhabitants of the said Village of Elora shall be a body corpo- ^JJ^JJ,^ Srate apart from the Township of Pilkington in which the said 1st January, Village is situate ; and as such shall have perpetual succession 1858< and a Common Seal, with such powers and privileges as are now or shall hereafter be conferred on Incorporated Villages in Upper Canada, and the powers of such Corporation shall be exercised by, through and in the name of the Municipality of the Village of Elora. 3. The said Village shall comprise and consist of th e Boundaries following lots and parcels of land, that is to say: All that of the vn- part of this Province situate within the County of Wellington lage ' and lying within the following limits, that is to say : Com- mencing at the point of intersection of the northerly limit of the allowance for road between the broken front and first con- cession on the southerly side of the Grand River in the Town- ship of Nichol, with the easterly limit of the allowance for road between the said Township and the Township of Pilking- ton, (formerly Township of Woolwich) ; thence, along the easterly limit of the allowance for road last mentioned, north- westerly, to the southerly angle of lot number eighteen,, in the eleventh concession of the said Townsnip of Nichol; thence, along the south-easterly boundary line of the said lot and of lot number eighteen, in the twelfth concession, north-easterly, to the intersection of the boundary line between lots numbers four and five in the broken front, on the northerly side of the Grand River, produced north-westerly; tlence, south-easterly, along the said boundary line produced, to the northerly margin of the Grand River; thence, along the said margin against the stream, to the intersection of the boundary line between lots numbers four and five in the broken front on the southerly side of the Grand River produced; thence, across the said river and along the boundary line last mentioned, south-east, erly, to the northerly limit of the allowance for road between the said broken front and the first concession ; thence, along the said northerly limit, south-westerly, to the place of begin- ning. S2 658 THE MUNICIPAL MANUAL. 20 VIC CAP. 108. An Act to Incorporate the Village of Mitchell, in the County of Perth. [Assented to 10th June, 1857.] Mitchell in- 1. From and after the passing of this Act, the inhabi- tants of tlie said "Village of Mitchell shall be a body corporate apart from the Townships of Logan and Fullarton, in which the said Village is situate ; and as such shall have perpetual succession and a Common Seal, with such powers and privi- leges as are now or shall hereafter be conferred on Incor- prated Villages in Upper Canada, and the powers of such Corporation shall be exercised by, through and in the name of the Village of Mitchell. Boundaries The said Village shall comprise and consist of the lots anc ^ P arce ^ s of land, included within the following boundaries, that is to say : on the north, the concession road between the second and third concession of the Township of Logan, coru- jnencing at lot number eleven and ending at lot number twenty, ,both inclusive, of the said Township : on the east, the side Road between lots numbers twenty and twenty-one, in the Township of Fullarton, north, thirty degrees east, and the side road between lots numbers ten and eleven of the said Town- ship of Logan ; on the south the concession road between the second and third concession of the Township of Fullarton, south, sixty degrees east, commencing at lot twenty-one and .ending at lot thirty of the said Township ; and on the west ,the boundary line between the said Township of Fullarton, and the Township of Hibbert, north thirty degrees east, and the side road between lots numbers twenty and twenty-one of the .said Township of Logan. 20 VIC. CAP. 109. An Actio legalize and confirm the acts and proceedings of the Municipal Council of the Township of Brantford. [Assented to 27th May, 1857.] 20 VIC. CAP. 110. An Act to enable the Municipal Council for the Township of Stanley, to construct a Harbour at the entrance of the River Bayjield into Lake Huron. [Assented to 27th May, 1857.] THE MUNICIPAL MANUAL. 659 20 YIC. CAP. 111. An Act to authorize the Municipalities of the Townships of East Zorra, West Zorra, and East Nissouri, in the County of Oxford, to dispose of certain Road allowances in the said Townships. [Assented to 10th June, 1857.] 20 VIC. CAP. 112. An Act to authorize the Municipality of the Township of McGillivray to dispose of certain Road Allowances in the said Township. [Assented to 10th June, 1857.] 20 VIC. CAP. 113. An Act to divide the Township of Whitby, in the County of Ontario, into two separate Municipalities. [Assented to 10th June, 1857-] 1. Upon and after the first day of January next after the Township of passing of this Act, that part or portion of the present Town- East Whitby ship of Whitby, from Lots one to seventeen inclusive, from the shore of Lake Ontario to the rear of the Township, shall be set apart, and shall form a separate Municipaiity to be called the Township of East Whitby. 20 VIC. CAP. 114. An Act to divide the Township of Fredericksburgh in the County of Lennox, into two separate Municipalities. [Assented to 10th June 1857.] 1. Upon and after the first day of January next after the Township* passing of this Act, all that part of the present Township of of North and Fredericksburg lying to the south of Hay Bay, including the erkSb^rgh third concession east of Hay Bay, shall be set apart and form constitat d - a separate Township Municipality, to be called the Township of South Fredericksburg j and the remainder of the said present Township shall continue to form a separate Township Municipality under the name of the Township of North Fredericksburgh. 20 VIC. CAP. 115. An Act to authorize the Draining of Lake Wawanosh, in the Township of Sarnia. [Assented to 10th June, 1857.] 660 !FKB MtfNICttAL .20 VIC. CAP. 116, An Act for the establishment of a certain Concession Line ift the Township of Clarke. [Assented to 10th June, 1857.] 20 VIC. CAP. 180.- An Act to authorize O. S. Wilkes to construct a< Dam on the Grand River at Holmedale. [Assented to 10th Jane, 1857.] 20 VIC. CAP. 190. An Act to enable the Trustees of Glebe Lot number twenty-nine,- in the second Concession of the Township of Edwardsburgh, to sell and convey the East half of said Lot, originally granted in trust as an Endowment or Glebe for the Presbyterian Church in the Town of Brockville in connection with the Church of Scotland, and for other purposes. [Assented to 27tk May, 1857.] 20 VIC. CAP. 1&3. An Act to authorize the Trustees of the Presbyterian Society of Hamilton to sell and convey certain Church property held by them. [Assented to 27th May, 1857.] 20 VIC. CAP. 199. An Act to vest in James Barnum a certain Road Allowance in the Township of Haldimand, in the County of Northumber- land. [Assented to 27th May, 1857.] 20 VI The said Village shall consist of the east half of each village. f tne lt s numbers eleven and fourteen, and lots twelve and thirteen in the fourth concession, and of lots numbers eleven, twelve, thirteen, and fourteen, in the fifth concession of the Township of West Zorra, THE MUNICIPAL MANtfAL, 22 VIC.-- CAP. 46. An Act to incorporate the Village of Wetland in the County of Wetland. [Assented to 24th July, 1858.] 1. 'From and after the passing of this Act, the inhabitants vmage O f of the Village heretofore known as the Village of Merrittsville shall be a body corporate apart from the Townships of Crow- land and Thorold, in which the said Village is situate, and as such shall have perpetual succession and a common seal, with such powers and privileges are now or shall hereafter be con- ferred on incorporated Villages in Upper Canada, and the powers of such corporation shall be exercised by, through, and in the name of th Municipality of the Village of Welland. i same are hereby repealed, save only and except so far as such pealed. Acts repeal the whole or any part of any other Acts, and also, Exceptions, save and except so far as relates to any matters or things done at any time before this Act shall come into force, all which S72 THE MUNICIPAL MANUAL, Persons hereinafter mentioned, and no others to be qualified as Electors, if duly regis- tered. Qualification of Electors in cities or towns send- ing Members to the Legislative Assembly. Qualification of Electors in places not being within cities or towns, enti- tled to- send Members to the Legislative Assembly. matters and things shall remain as valid and effectual as if this Act had not been passed, and also, save and except as to the recovery and application of any penalty for any offence which shall have been committed before this Act shall come into force as aforesaid. QUALIFICATION OP VOTERS, - 3 -The following persons, (and no other persons) being of the full age of twenty-one years, and subjects of Her Majesty by birth or naturalization, and not being disqualified as hold- ing any office or otherwise by law prevented from voting, shall, if duly registered or entered on the revised and certi- fied list of voters according to the provisions of this Act, be entitled to vote at Elections of Members to serve in the Leg- islative Council or Legislative Assembly of this Province, that is to say : J 1. Every male person entered on the then last Assessment Roll, revised, corrected and in force in any City or Town en- titled to send a Member or Members to the Legislative Assembly, as the owner or as the tenant or occupant of real property therein, or within the liberties thereof as bounded for municipal purposes, of the assessed value of three hundred dollars or upwards, or of the assessed yearly value of thirty dollars or upwards, or who is entered on such last revised and corrected Assessment Roll of any Township, Parish or Place, as the owner, tenant or occupant of any real property which is within the limits of any such City or Town for the purposes of Representation, but not for municipal purposes, of the assessed value of two hundred dollars at least, or of the as- sessed yearly value of twenty dollars, or upwards, shall be entitled to vote at any Election of a Member to represent in the Legislative Council the Electoral Division of which such City or Town forms a part, and shall also be entitled to vote at any Election of a Member to represent in the Legislative Assembly the said City or Town : subject always to the provi- sions hereinafter contained ; 2. Every male person entered on the then last Assessment Roll, revised, corrected and in force in any Parish, Township, Town, Village or place, not. being within any City or Town entitled to send a Member or Members to the Legislative Assembly, as the owner, tenant or occupant of real property of the assessed value of two hundred dollars or upwards, or of the yearly assessed value of twenty dollars or upwards, shall be ^entitled to vote at any Election of a Member to represent in the Legislative Council the Electoral Division of which such THE MUNICIPAL MANUAL. 673 Parish, Township, Town, Village or place forms a part, "and shall also be entitled to vote at any Election of a Member to represent in the Legislative Assembly the Electoral Division in which such Parish, Township, Town, Village or place is in- cluded : subject always to the provisions herinafter contained. 3. Whenever two or more persons, whether as being part- i nw hat ners in business, joint tenants or tenants in common, or par JjJJJyfJj' indivis, are entered on such Assessment Roll as aforesaid, as tenants of the owners of any real property, or as tenants or occupants nZy^mtooa thereof, each of such persons shall be entitled to vote and to it- be entered on the list of voters in respect of such property, if the value of his part or share be sufficient to have entitled him to vote at any Election for Members to represent in the Leg- islative Council or Assembly the Electoral Division within which such property is situate, if such property had been assessed in his individual name : except that if the property Exception. be held by any body Corporate, no one of the members thereof shall be entitled to vote or be entered on the list of voters, in respect of such property : Provided, that in Upper Canada p ro7 i 8 o. such persons, as in this subsection mentioned, must establish their right before the Court of Revision or County Judge, according to the provisions of the Assessment Laws, and be entered on the Assessment Roll accordingly. PERSONS DISQUALIFIED FROM VOTING. 3. No Returning Officer, Deputy Returning Officer, Elec- certain offi- tion Clerk or Poll Clerk, no person disqualified to vote under pemyns'not the provisions of the Statute passed in the twentieth year of to yote. Her Majesty's reign, chapter twenty-two, and no person who, at any time either during the Election or before the Election, shall be. employed at the said Election, or in reference thereto, or for the purpose of forwarding the same, by any Candidate, or by any person whomsoever, as Counsel, Agent, Attorney or Clerk at any polling place at any such Election, or in any other capacity whatever, and who shall have received or ex- pect to receive, either before, during or after the said Election, from any candidate or from any person whomsoever, for act- ing in any such capacity as aforesaid, any sum of money, fee, office, place or employment, or any promise, pledge or security whatever for any sum of money, fee, office, place or employ- ment, shall be entitled to vote at any Election of a Member of the Legislative Council or Assembly. REGISTRATION OF VOTEKS AS REGARDS UPPER CANADA ONLY. 4:. 1. The Clerk of each Municipality in Upper Canada cierksof shall, after the final revision and correction of the Assessment T2 671 THE MUNICIPAL MANUAL. lists of Elec- tors from the assess- ment rolls. As to cities and towns divided into wards. Municipali- ties extend- ing into more than one Electoral Division. Lists to be attested, and how. Duplicates} to Clerk of the Peace. When to be completed. No one not on such List to vote. What ques- tion only to " foe raised at Poll, as to ^qualification. When the Roll or List shall be con- sidered final- ly revised. Notice of ap- peal under ^ec. 28 of 16 Vic. c. 182. Decision of County Judge, Ac., to be final rolls, forthwith make a correct alphabetical list of all persons entitled to vote at the election of a Member of the Legislative Council and Assembly within such Municipality, according to the provisions of this Act, together with the number of the lot or part of lot, or other description of the real property in re- spect of which each of them is so qualified ; and in Cities and Towns, the Clerks shall make out a separate list for each Ward, of the names with a description of the property of all parties on the Assessment-rolls who may be entitled to vote in respect of real property situate within such Ward ; and if any Muni- cipality shall be partly in one Electoral Division and partly in another for the purposes of any Election, he shall make out one such alphabetical list for each of such Electoral divisions, containing the names, with such description of property, of all the parties on the Assessment-rolls who may be entitled to vote in respect of real property situate in each of such Elec- toral divisions respectively ; and the Clerk shall certify by oath or affirmation before the Judge of the County Court, or before any two Justices of the Peace, to the correctness of the list or lists so by him made out, and he shall keep such certified lists among the records of the Municipality, and shall deliver a du- plicate original thereof certified by oath or affirmation as afore- said, to the Clerk of the Peace of the County or Union of Counties within which the said Municipality shall lie ; and all such lists shall be completed and delivered as aforesaid, on or before the first day of October in each year ; and no person shall be admitted to vote at any Election of a Member to serve in the Legislative Council or Assembly, unless his name shall appear upon the list then last made and certified ; and no question of qualification shall be raised at any such Election, except to ascertain whether the party tendering his vote is the same party intended to be designated in the alphabetical list aforesaid ; 2. Any Assessment-roll or List of Voters shall be under- stood to be finally revised and corrected, when it shall have been so revised and corrected, by the Judge of the County Court, or other authority to whom the last appeal may be made or when the time during which such appeal may be made shall have elapsed, and not before ; 3. The notice of appeal from the Court of Revision under the twenty-eighth section of the Act sixteenth Victoria, chap- ter one hundred and eighty-two, may be by the Attorney or Agent of the party; and the decision of the County Judge or acting Judge of the County Court, under the said section, shall be final and conclusive in the case adjudicated upon, and shall THE MUNICIPAL MANUAL. 675 be binding on every Committee of the Legislative Council and and bind an Legislative Assembly respectively, appointed for the trial of parties - any Petition complaining of an undue election or return of a Member to serve in the Legislative Council or Legislative Assembly ; and at the Court holden under the said section for Assessment the trial of appeals, the Clerk of the Municipality, or other person having the charge of the Assessment-roll passed by the the Court of Court of Revision under the twenty-eighth section of the said Revi810n - Act, shall appear and produce such Roll, and also all papers and writings in his custody, connected with the matter of ap- peal and when such Roll is so produced in Court, the same And amend- shall be altered and amended according to the decision of the Jj theded- g Judge (if then given) who shall write his initials against any sionoftne part of the said list in which any mistake, error or omission is Jud s e - corrected or supplied, or if the said Roll be not then produced, Amend- or the decision be not then given by the Judge, or if so or- JJJ5J^ OW dered by the Judge, such decision and judgment shall be cer- tified by the Division Court Clerk to the Clerk of the Munici- pality, who shall forthwith alter and amend the Roll according to the same, and shall write his name against everj such alteration or correction 5 and in all proceedings before the county County Judge, or acting Judge of the County Court, under Javf powe- the said Act, or under, or for the purposes of this Act, such to examine Judge shall possess all such powers for compelling the attend- on oath ' &c ' ance of, and for the examination on oath of all parties whether claiming or objecting, or objected to, and all other persons whatsoever, and for the production of books, papers, rolls and documents, and for the enforcement of his orders, decisions and judgments, as belong to or might be exercised by him, either in term time or vacation in the County Court, in relation to any matter or suit depending in the said Court. And the costs of any proceeding before the County Judge as Costs to be aforesaid, shall hereafter be paid by, or apportioned between the Sy^eJudge parties in such manner as the Judge shall think fit, and costs and how ordered to be paid by any party claiming or objecting, or ob- er jected to, or by any Assessor Clerk of a Municipality, or other person, may be enforced by execution from the Division Court in the same manner as upon an ordinary judgment recovered in such Court ; but the party appealing shall, notwithstanding Deposit by this clause, continue to deposit the sumJx ten shillings for a PP ellant ' each party appealed against, as security for rere costs of appeal' 5. Lower Canada only. MISCELLANEOUS PROVISIONS. G. It shall be the duty of the Registrar of any County or Copies of Registration Division, any Clerk of the Peace and any Clerk 676 THE MUNICIPAL MANUAL. Clerks, &c . wilfully altering or falsifying lists of Vot- ers, to be guilty of felony. demand and or Secretary-Treasurer of any City or Municipality or part of ce a Xn n fees f an J Municipality, having the custody of the list of voters of any City or Municipality or part of any Municipality or place, to furnish a certified copy of such lists, then last revised and corrected, to any person who shall require such copy, on being paid for the same by such person at the rate of three cents for every ten voters whose names are on such list. 7. If the Clerk, Treasurer or Secretary-Treasurer of any City or Municipality, shall neglect to make the alphabetical list as required by the third sub-section of the fifth section of this Act, or in making out any certified list of persons entitled to vote at any election of a member to serve in the Legislative Council or Assembly, wilfully insert or omit any name which ought not to have been inserted or omitted, or otherwise alter or falsify the same so that it shall not be the correct list of all persons entitled to vote according to the Assessment-roll or (in Lower Canada) to the proper list of voters, as finally revised and corrected, and if any Clerk, Secretary-Treasurer, Return- ing Officer, Deputy-Returning Officer, Registrar, Clerk of the Peace or any other person whose duty it is to deliver copies or have the custody of any certified list of voters as aforesaid, shall wilfully make any alteration, omission or insertion, or in any way falsify any such certified list or copy, every such per- son shall be deemed guilty of felony, and being convicted thereof shall be liable at the discretion of the Court whose duty it shall be to pass the sentence of the law upon such offender, to be imprisioned at hard labour in the Provincial Penitentiary, for any term not exceeding seven years, nor less than two years, or to be imprisoned in any other place of confinement for any term not exceeding two years, or to suffer such other punishment by fine or imprisonment or both, as the Court shall award ; and it shall not in any indictment for any such offence be necessary to allege that the article in respect of which the offence is committed, is the property of any person, or that the same is of any value. 8. If at any time before the issuing of the Writ to hold any Election for a Member to serve in the Legislative Council or Assembly, >it shall be made to appear to the County Judge or Acting Judge of the County Court in Upper Canada, that the Clerk or Secretary-Treasurer of any City or Municipality in making the alphabetical list of persons entitled to vote as aforesaid or the duplicate original thereof, has wilfully or inadvertently omitted or inserted my name which ought not to ment, may b e inserted or omitted, or otherwise altered or falsified the have such ,,,,, > ..,.. jist brought same, or that such alphabetical list or duplicate original is in Punishment. Certain alle- gations not requisite in indictment. At any time before the issuing of a VVrit of Elec- tion, a Judge, on its being shewn that any such list is not correct, according to THE MUNICIPAL MANUAL. 677 point of fact not a correct list of all persons entitled to vote before him according to the Assessment Roll as finally revised and corrected, *J d cc such Judge may require the Clerk or Secretary-Treasurer of the City or Municipality or other officer having the custody of such Assessment Roll, to appear before him and produce such Roll and alphabetical list and submit to such examination upon oath as may be required of him : And at the time and place appointed for the appearance of such person, the Clerk of the Peace in Upper Canada shall attend before the Judge with the duplicate alphabetical list in his possession ; And the Judge may, on inspection of such Assessment Roll and list, and with or without further proof at his discretion, make such alterations and corrections in such lists as to him shall seem necessary and proper, in order that the same may be a correct list of all persons entitled to vote according to the Assessment Roll as finally revised and corrected, and according to the spirit and meaning of this Act. 9 to 22) inclusive. Proceedings at Elections, &c. INTERPRETATION. . Wherever the following words occur in any part of interpreta- this Act as having reference to Lower Canada, they shall be tion clause - interpretated as follows : The words "Assessment-Roll " shall signify Assessment- Assessment Roll, Valuation-Roll, or any document containing a statement Roll> of the Valuation of property in any City, Town or other Mu- nicipality. . The word " Assessor " shall signify Assessor, Valuator or Assessor. other person employed to make the valuation of property in any City or other Municipality. The word " Owner" shall signify proprietor, either in his Owner. own right or in the right of his wife, or as usufructuary (iisufruitier) of a real estate in fief, in censive, in franc-aleuj or in free and common soccage. 22 VIC. CAP. 91. An Act to provide for the Registration of Debentures issued Ijy Municipal and other Corporate Bodies. [Assented to 16th August, 1858.] WHEREAS it would tend greatly to the increased value of preamble. Debentures issued under the authority of By-laws of Munici- pal and other Corporate Bodies passed for the purpose of raising Moneys, and also to the better security of the holders 678 Certified copies of all By-laws heretofore passed by Municipal and Corpo- rate Bodies, under which Debentures haye been issued, to be transmitted to the proper Registrar within three months after the passing of this Act, together with a Re- turn as in Schedule A. Certified copies of all By-laws under which. Debentures are intendsd to be issued, to be trans- mitted to the proper Registrar within two weeks after the final passing of such By- laws, toge- ther with a Return, as in Schedule B. THE MUNICIPAL MANUAL. of the same, that a system of Registration should be adopted, and a priority of lien in respect thereof given under certain conditions : Therefore, &c. 1. It shall be the duty of the Clerk or Secretary-Treasurer or person acting as such, of every Municipal or Provisional Municipal Corporation, and of the Clerk or Secretary, or per- son acting as such, of any other Corporate Body, within the period of three months after the passing of this Act, to trans- mit to the Registrar of the County or Registration Division in which such Municipal Corporation or other Corporate Body or its principal office is situated, a copy duly certified as here- inafter provided, of each and every By-law of such Municipal or Provisional Municipal Corporation, or other Corporate Body heretofore passed under or by authority of which respectively any sum or sums of money may have been raised by the issue of Debentures, together with a Return in the form specified in the Schedule hereunto annexed, marked A, shewing the title or objects of each such By-law, the number of Debentures issued and the amounts thereof respectively, the amounts raised under the said By-laws respectively, the amounts already heretofore paid or redeemed by the said Corporation on the account of the same, the balance still remaining outstanding and payable thereunder respectively, the dates at which the same respectively fall due, and the amount of yearly rate to pay off the same, and the assessed value of the real and per- sonal estate of the Municipality (or Company), and to cause the said Return to be published three times in both languages in the " Canada Gazette," and also three times in some news- paper published in such County, or if there be no newspaper, then in some newspaper in the County nearest thereto in which there is a newspaper. 2. From and after the passing of this Act, it shall be the duty of the Clerk or Secretary-Treasurer or person acting as such of every Municipal or Provisional Municipal Corporation, or of the Clerk or Secretary, or person acting as such of any other Corporate Body, within two weeks after the final passing of any By-law hereafter to be made and passed by such Corpo- ration for the purpose of raising money by thejssue of Deben- tures, and before the sale or contract for sale of any such Debentures issued or intended to be issued thereunder, to transmit to the Registrar of the County or Registration Division in which such Municipal Corporation or other Corporate Body, or its principal office is situated, a copy duly certified, as here- inafter provided, of each and every By-law hereafter to be made and passed as aforesaid by such Municipal or Provisional THE MUNICIPAL MANUAL. 679 Municipal Corporation, or other Corporate Body, together with a, Return in the form specified in the Scheduje B hereunto annexed, shewing the title or object of each such By-law, the amounts to be raised thereunder, the number of Debentures to be issued thereunder, the amounts thereof respectively, the dates at which the same respectively fall due, the assessed value of the real and personal estate belonging to such Corpo- ration or Company, the assessed value of the real and personal estate of the Municipality, and the amount of yearly rate in the Pound to liquidate the same, and to cause said Return to be published three times in both languages in the Canada Gazette, and also three times in some newspaper published in such County, or if there be no newspaper, then in some newspaper in the County nearest thereto in which there is a newspaper. 3. The Registrar of the County or Registration Division Registrar to in which such Municipal Corporation or other Corporate Body file such B y- or its principal office is situated, shall receive and file in his e? Books office the several By-laws required to be transmitted to him as ofth e copie8 hereinbefore provided, and shall cause to be entered in a Book Kefunw re- provided for that purpose, true and correct copies of the Returns hereinbefore required by the first and second sections of this Act 4. The Registrar of each County or Registration Division, if reque sted, as aforesaid, shall provide a Book of Registration, wherein he the Registrar shall, at the request of the original holder or holders, or any EiaSfo? subsequent transferee or transferees thereof respectively, from of a n h p er time to time, cause to be entered and registered the name of benture, and such original holder or holders, or of such subsequent trans- ^be^ima feree or transferees, and such holder or last registered trans- / feree in such Book of Registration shall be deemed prima facie the legal owner and possessor thereof. >. All By-laws mentioned in the first section of this Act M ode in shall be certified and authenticated in the case of a Municipal which B y- o^ Provisional Municipal Corporation by the Seal of the Cor- certified. poration, and by the Head, and by the Clerk or Secretary- Treasurer thereof respectively, being such at the time of the date of such certificate and authentication ; and all By-laws mentioned in the second section of this Act shall be certified and authenticated by the Seal of the Corporation, and by the signature of the Head thereof, or of the person presiding at the Meeting at which the original By-law shall have been made and passed, and also by that of the Clerk or Secretary of such Corporation ; and all By-laws of other Corporate Bodies 680 THE MUNICIPAL MANUAL. By-laws, returns and books of entry in Re- inspection, Fees to be payable! under this Act. Meaning term " fi passing,' to By-lav O f Governor, shall be attested and authenticated by the Seal of such Corpo- rate Body and by the signature of the Head thereof. 6. The certified copies of all By-laws hereinbefore referred to and transmitted as aforesaid, and also the Returns in the first and second sections mentioned, and the Book or Books of Entry of such Returns and of Registration, shall be open to public inspection and examination, and access had thereto at all seasonable times and hours upon payment of certain fees as hereinafter provided. T. The following fees shall be paid to Registrars under this Act. For registration of each certified copy of By-laws, the sum of. 10 For registration of any Returns as prescribed in Schedules A and B, for each such Return, the sum of 050 For registration of the name of holder or transferee, of any number of Debentures not exceeding five, the sum of 013 Over five and not exceeding fifteen, the sum of. ... 2 6 Over fifteen and not exceeding thirty, the sum of... 3 9 Upwards of thirty, the sum of. 050 For making search, inspecting each copy of By-law, and examining entries connected therewith... 050 8. In all such cases as require the submission of any By- law or By-laws to the Governor General of this Province for his sanction, such sanction must first be obtained to bring the same within the meaning of the words " final passing thereof" in the second section of this Act. Act not to extend to Companies n t extend to the By-laws or Debentures thereunder, of any Railway Company or any Ecclesiastical Corporation heretofore incorporated or hereafter to be incor- porated, or the Debentures issued by any Religious Denomi- nation in its Corporate capacity, either in Upper or Lower Canada. Negligence 1^. ^ny person neglecting to perform, within the proper y, mis- period, any duty devolving upon him in virtue of the first or aeanor. secon( j sections of this Act, shall be guilty of a misdemeanor, and on conviction thereof shall be punishable by imprisonment for a period of not less than three nor more than twelve months. short Titles 11. This Act shall be cited as "The Debentures Regis- of this Act. trationAct." THE MUNICIPAL MANUAL. 681 Assessed value of Keal and Personal Estate of the Munici- pality (or Company). 1 I GO rH *3 > 05 i -U "C 1 1 Dates at which Debentures fall due, and Amount of yearly rate to pay off same. ||1 liji Balance still remain- ing outstanding and payable on said Debentures. Amount paid or redeemed on account of said Debentures. Amount raised under each By-law. II 1 II 1 &+ + *S a c ^ a m II i Title or Objects of each By-law. 632 THE MUNICIPAL MANUAL. I t3 ^? ^ "cO H I r^ ^ u o 02 ^ 3-s sj e 03 g Ht ^llfa 1 TJ ^ 5 THE MUNICIPAL MANUAL. 683 22 VIC. CAP. 100. An Act to amend and consolidate the Jury Laws of Upper Canada- [Assented to 16th August, 1858.] XV. PAYMENT OF JURORS. 1. GRAND JURORS. 138. The several County Councils shall from time to cotmty time by By-law, in their discretion, provide for the payment to c * s to Grand Jurors, either at the Courts of Oyer and Terminer and funds for General Gaol Delivery, or at the General Quarter Sessions, gjjjjy out of the County funds, such sum per diem as they deem Jurors, reasonable. 2. PETIT JURORS. 139. Every Petit Juryman actaally attending any of the Allowance to Courts of Assize and Nisi Prius, Oyer and Terminer, General ^* JJJ Gaol Delivery, General Quarter Sessions of the Peace, or certain County Courts in Upper Canada, shall be entitled to receive in Courts - the manner hereinafter provided, the sum of one dollar per day, for every day he attends such Court, and the sum of ten cents per mile for every mile he necessarily travels from his place of residence to the said Court, or such other sums as the County Council by By-law from time to time fixes and deter- mines, and the distance travelled shall be ascertained by the declaration of the Sheriff's Bailiff who summoned such Juror, or by the declaration of the Juror himself; but every Juror False decla . who makes a false declaration respecting such distance, shall ration, forfeit his right to receive any payment for travelling to or attending such Court as a Juror. 1 IO. No Petit Juror shall be entitled to any fee or allow- only fees. ance other than is provided by or under this Act. 141. Every Sheriff shall make a pay list for the Petit sheriff to Jurors summoned to attend any of the aforesaid Courts in the make a pay form set forth in the Schedule to this Act marked C, and shall attend or cause some Officer to attend at the opening of the Court, on the morning of every day on which such Court sits for the trial of causes by Jury, and upon the Petit Jurors being called over, shall check and mark the word "present," or " absent," as the case may be, in the proper column of such list opposite the name of every such Juror, and on the last day of the sitting of such Court shall certify and return the said pay list to the Treasurer of the County. 684 THE MUNICIPAL MANUAL. Allowances to Sheriffs. Treasurer to 142. The said pay list, checked and certified as aforesaid, Jurors? shall k e a sufficient authority for the Treasurer to pay to each Petit Juror the sum to which he appears entitled, as certified by such list, and the Treasurer shall forthwith pay every such Juror the sum so appearing due to him on such list. 143. Every Sheriff shall be entitled to receive from the Treasurer of the County of which he is Sheriff, such sum for each pay list, and such sum per diem for checking the same every day at the opening of the Court, and for certifying and returning the same to the Treasurer, as the County Council by By-law determines; and the Courts of Oyerand Terminerand General Gaol Delivery and of Assize and Nisi Prius, when holden at the same time and under the same precept and panel of Jurors, shall be one Court; and the County Court and General Quarter Sessions shall be one Court for the purposes of payment of Jurors, and the duty of calling over Jurors at the opening of the Court daily shall be performed by the Clerk of whichever of the said Courts respectively is first opened. List of Jurors 144. The Marshal or Clerk of Assize, the Clerk of the County Court or Clerk of the Peace, as the case may be, shall, a t the opening of the Court, and before any other business is proceeded with, call over the names of the Petit Jurors, that the Sheriff or his Officer may check who are present or absent. 145. A Petit Juror, not appearing when so called, shall no * k entitled to any pay for the day on which he makes default, and shall, for every default he makes during the day, be liable to such a fine as to the Court seems meet. when Court Jurors not Sums to be paid with record when entered for trial. Record not to be enterei is paid. The like in FUND FOR PAYMENT OF JURORS. FEES ON ENTRY OF NISI PRIUS RECORDS. 14O. To the Clerk of Assize for every County, there shall be paid, with every record entered for trial or assessment, the sum of Three Dollars, and to the Clerks of the several County Courts the sum of One Dollar and Fifty Cents, which sums shall forthwith be paid over to the Treasurer, and shall form part of the fund from which Petit Jurors are to be paid. 147. No Record shall be entered for trial or assessment unless the sums before mentioned are first paid. FEES IN CRIMINAL CASES. 148. In all criminal cases in which by law the party pro- secuting or the party prosecuted is liable to pay the costs of the prosecution, the Officer of the Court shall charge against and receive from the party so liable the sum of Three Dollars THE MUNICIPAL MANUAL. over and above the sum to which he is otherwise liable, and such sum of Three Dollars shall form part of the fund for the payment of Petit Jurors, and shall forthwith be paid over by the Officer receiving it to the Treasurer of the County in which the prosecution has been carried on. 1 1O. All fines and penalties imposed upon and levied in certain fines the several Counties in Upper Canada, not payable to the Re- JUJ^. ceiver General or to any Municipal Corporation, and all fines ment of upon Jurors for non-attendance levied therein, shall be paid to the Treasurers of each of the said Counties respectively, and shall form part of the fund for the payment of Petit Jurors under this Act. COUNTY COUNCILS TO SUPPLY DEFICIENCY. 1V>O. In case the sums appropriated by this Act are not county sufficient to pay the said Jurors, the several County Councils {J^JJjjJ 8 to shall raise and appropriate such sums of money as in their funds for judgment are sufficient to pay the Petit Jurors according to the JSS1 terms of this Act. 151. The thirteen last preceding clauses of this Act being certain sections numbered from one hundred and thirty-eight to one ti^"/*? hundred and fifty, both included, shall not be in force in, or Counties not apply to any County during the present year in which the JJchfund. County Council of such County shall not have appropriated a sum of money for the payment of Jurors ; and every County Council which shall not have made such provision shall, at the regular meeting in January next, make provision for, and appropriate a sum of money for payment of Jurors for such County; and in every such County, until such provision is made, every Petit Juror shall be allowed the sum of twenty- five cents in every cause in which he is sworn as a Juror in any civil case in the Superior Courts or at the Assizes, and the sum of twelve and a half cents in cases in the County Courts, such fee to be paid by the Plaintiff or his Attorney, and to be accounted for in costs by the party charged with the payment thereof. 152. In every County in which a Petit Jury fund is or countyTrea- may be provided, the Treasurer of such County shall give S^g^f notice to the Sheriff of the County, who shall thereupon per- when funds form the duties imposed upon him under this Act. are provided. 153. The Municipal Corporation of any County in Up- cities bound per Canada of which a City forms part for judicial purposes, may demand and recover from the Municipal Corporation of such City a portion of the expenses incurred by such County, 686 THE MUNICIPAL MANUAL. in any year, for the payment of Jurors, which portion shall be determined as follows : Deduction to 1. From the total sum expended in the County in any from total year, for the payment of Jurors and other fees and dislmrse- sum expend- men t s under this Act, there shall be deducted the sums paid to Jurors for attendance at the Courts of Quarter Sessions, and the sum actually received by the County in such year for fees and penalties, which under this Act are appropriated towards the payment of Jurors ; Portion to 2. Of the sum remaining after such deduction, the portion borne a by the to be ^ finallv }> orne b J the City and by the County respec- city, &c, tively, shall be in proportion to the assessed value of all the rateable property in each, and the sum to be finally borne by the City shall be the sum to be repaid by the Municipal Cor- poration thereof to that of the County; Assessed an- 3. In comparing the value of the rateable property in any nuai value, Q^ an( j Q oun ty for the purposes of this Act, the assessed annual value shall be held to be ten per cent, of the actual value. Annual 154. The actual or annual value of rateable property in value of rat- a City or County for the purposes of this Act, shall be that to be P that r 7 shewn by the Assessment-Rolls of each, for the year in which usesunent ^ e expenses'to be divided between them have been incurred, roils. and the portion of such expenses to be finally borne by the City shall be payable to the County immediately after the close of each year. The Council E ."55. The Common Council of any City shall raise by riselhV assessment the sum of money required by such City for the necessary purposes of this Act, or shall pay such sum out 'of any moneys assessment, belonging to the City and applicable to municipal purposes &c - generally. 22 VIC. CAP. 111. An Act to provide for the selection of a County Town for the County of Bruce. [Assented to 16th August, 1858.] Preamble. WHEREAS by virtue of the Act passed in the session held in the nineteenth and twentieth years of Her Majesty's Reign 19 &20 Vic. intituled, An Act to separate the County of Bruce from the County of Huron, and of the Act passed in the now last Ses- sion of Parliament to explain the Act above cited, the Gover- nor in Council has, by Proclamation dated the fifteenth day of THE MUNICIPAL MANUAL. 687 June, one thousand eight hundred and fifty-seven, appointed the Town of Walkerton, to be the County Town of the said County of Bruce ; And whereas the Provisional Council of the said County, by their Petition, have prayed, that an Act may be passed to enable the Municipal Electors of the said County of Bruce to select a County Town for the said County that six places may be submitted for the selection of the said Electors, namely, the Villages of Kincardine, Southampton, Walkerton, Paisley, Greenock, and Inverhuron, all in the said County, and that one of the above named places, which shall receive the greatest number of votes of the said Electors, may be the County Town ; And whereas the Inhabitants of the said County have by their Petition prayed that an Act may be passed to avoid the said Proclamation, declaring the Village of Walkerton the said County Town of Bruce, but that the selection of the County Town for the said County of Bruce shall be left to the decision of the Governor in Council ; and that each Town or Village in the said County desiring to do so, shall present to the Governor in Council its respective claims in writing, and that from among them a choice shall be made; And whereas the Provisional Council of the said County of Bruce have refused to pass a By-law to raise the necessary funds for the erection of the County Buildings at Walkerton : Therefore, &c. l.-^-The Proclamation of the Governor appointing Walker- proclama- tion the County Town is hereby avoided. tion avoided. 2. The selection of the County Town shall be left to the selection decision of the Governor in Council, and a new Proclamation Q^ nor in shall issue appointing the County Town in accordance with council. such decision. 3. Each place desiring to do so, shall present its claims claims of in writing to the Governor in Council, before the first day of f t c t e e 8 d * ub " October next, and the choice shall be made from among such places. 4. The Provisional Council of said County of Bruce, shall Provisional before any action shall be taken by the Governor in Council, vote the necessary supplies for the said County Buildings, and tefore the pass a valid By-law for raising and applying the same. made? " 5. The decision of the Governor in Council shall be final. Decision to be final. 6. This Act shall be deemed a Public Act. Public Act. 688 THE MUNICIPAL MANUAL. 22 VIC. CAP. 112. An Act to limit the amount of Municipal Taxation on cer- tain lands within the City of Hamilton. [Assented to 15th August, 1858.] Certain Lands of Honorable Malcolm Cameron not to be assessed above a certain value for ten years. 22 VIC. CAP. 113. An Act to change the limits of the Town of Collingwood. [Assented to 16th August, 1858.] Preamble. WHEREAS the Municipal Council of the Town of Colling- wood, and others, have, by their petitions represented that certain farm lots in the Township of Nottawasaga, have been erroneously included within the limits of the said Town, to the great inconvenience of the inhabitants, and have prayed that the said lots may be withdrawn from and declared to be without the said limits : Therefore, &c. Certain lands 1. The lots numbers forty-one and forty-two, in the tenth lon^with- Concession of the Township of JNottawasaga, shall hereafter in the Town, be deemed to be without the limits of the Town of Collingwood and within the limits of the said Township, and shall be free from all rates and taxes heretofore imposed or to be imposed on property in the said Town by the Corporation thereof, any thing in the Act passed in the twentieth year of Her Majes- 20 vie. c. 96. ty's Reign, intituled, An Act to incorporate the Town of Col- lingwood, to the contrary notwithstanding. Public Act. 1. This Act shall be deemed a Public Act. 22 VIC. CAP. 114. An Act to legalize certain By-laws of the Municpality of Berlin, and for other purposes. [Assented to 16th August, 1858.] By-laws in preamble legalized. 22 VIC. CAP. 115. An Act to annex certain lots in the Gore of Camden to the Townships of Euphemia and Dawn. [Assented to 16th August, 1856.] part of the 1. Upon, from and after the first day of January one thou- an l nexedto sand eight hundred and fifty-nine, lots sixteen, seventeen, THE MUNICIPAL MANUAL. 689 eighteen, and nineteen in the said Gore of Camden, and so much of lot fifteen therein as lies to the northward of the divi- sion line between the Townships of Zone and Euphemia, pro- longed westward to the River Sydenham, shall be annexed to and form part of the Township of Euphemia and County of Lambton ; and lots twenty, twenty-one, twenty-two, twenty- three, and twenty-four, in the said Gore of Camden, shall be annexed to and form part of the Township of Dawn and County of Lambton. *. Nothing herein contained shall affect or be construed Act not to to affect any taxes imposed for the payment of any debts con- tracted by the Municipality of the Gore of Camden, or by the Municipal Council of the County of Kent ; but the said por- tions of the Gore of Camden, united by this Act to the Town- ships of Euphemia and Dawn, respectively, shall be liable to pay to the Treasurers of the Gore of Camden, and of the County of Kent respectively, in each and every year until such debts be fully discharged, the same amount as was collected within the same towards the payment of such debts for the year one thousand eight hundred and fifty seven. * It wouldseem that see. 2 of 12 Vic. cap. 79, has been inadvertent- ly repealed by 22 Vic., cap. 99. It reads as follows : 2. And be it, $c., That as well for the purposes of this Act and the said other Acts of Parliament hereinbefore mentioned and refer- red to, as for all other purposes whatsoever, so much of the said Town- ship of Dawn as lies to the south of the south main branch of the River Sydenham, sometimes known as Bear Creek, shall be detached from the said Township of Dawn, and by and under the name of the Gore of Camden, be attached to and henceforth form a part of the said Township of Camden ; that so much of the said Township of Som- bra as lies to the south of the south of the said south main branch of the said river shall be detached from the said Township of Sombra, and by and under the name of the north Gore of Chatham be attach- ed to and henceforth form a part of the said Towhship of Chatham ; and that so much of the said Township of Zone as lies to the north of the northerly side line of lots numbers fifteen in the several conces- sions of the said Township of Zone, shall be detached from the said Township, and shall henceforth form a new Township by and under the name of the Township of Euphemia. U2 APPENDIX. 11. GEO. IV. CAP. 36. An Act to make valid certain marriages heretofore contracted, and to provide for the future solemnization of matrimony in this Province, [The Royal Assent to this Bill was signified, by Message of His Ex- cellency the Lieutenant-Governor, to the Legislative Council and As- sembly of this Province, on the second day of March, 1831.] WHEREAS doubts have arisen respecting the legality of cer- preamble, tain marriages heretofore contracted and solemnized in this Province : And whereas the parties thereto, and their issue, See 33 ^ may be subject to disabilities unless such marriages be confirm- in. c. 5; 38 ed by law ; in order therefore to afford relief to such persons, 5g e aeo. iii. ' and establish the legitimacy of their issue: Be it, &c., That V 15 C ; j^Qeo. the marriage or marriages of all persons, not being under any canonical disqualification to contract matrimony, that have been marages publicly contracted in this Province before any Justice of the confirmed. Peace, Magistrate, or Commanding Officer of a Post, or before any Minister or Clergyman, before the passing of this Act, shall be and are hereby confirmed, and shall be considered good and valid in law ; and the parties to such marriages, and the issues thereof, shall be entitled to all the rights, and subject to all the obligations, resulting from marriage and consangunity, any law, usuage or custom, to the contrary in any wise notwith- standing. 2. And to enable any person who may be desirous to pre- Method of serve the evidence of their marriage, and of the birth of their ^^ e ot children, Be it, &c. t That it shall and may be lawful, at any former time within six years after the passing of this Act, for any Jus- marri "g es - tice of the Peace, at the request of either of the parties, to ad- minister the following oath, or affirmation, as the case may be, to the husband and wife, or either of them : u I A. B., do sol- emnly swear, or affirm, as the case may be, that I did publicly intermarry with C. D. at , on the day of , in the year of our Lord , and that there is now living issue of the said marriage, as the case may be, T. B. born on the day of , M. B. born on the day of and 692 APPENDIX. con?racfed y Ministers of mTnations" " authorized that such marriage was solemnized by M. D. of the District of - which form of attestation shall be subscribed by the party making the same, and certified under the hand and seal of the Justice administering the said oath or affirmation, who shall be entitled to receive therefor one shilling; and it shall be the duty of the Clerk of the Peace, upon payment of the sum of two shillings and sixpence, to enter and record such attestation, duly certified as aforesaid, in a register or book to be by him kept for that purpose ; and such Register, or an attested copy thereof, shall be considered sufficient evidence of such marriage, and of the birth of the said children ; and the said Clerk of the Peace is hereby required to give such copy duly certified to any person Former mar- demanding the same upon payment of two shillings. Provided always, that nothing in this Act contained shall extend, or be constructec ^ to ext end, to make valid any marriage illegally sol- emnized, when the parties to such illegal marriage, or either of t ^ iem s ^ a ^ ^ ave subsequently contracted matrimony according to law. $. And be it, &c., That it shall and may be lawful for any Clergyman or Minister of any church, society, congregation or religious community of persons, professing to be members of tn Church of Scotland, Lutherans, Presbyterians, Congrega- tionalists, Baptists, Independents, Methodists, Menonists, Tunk- ers or Moravians, who shall be authorized, in manner hereinafter mentioned, to solemnize the ceremony of marriage within this Province -between any two persons, neither of whom is under any legal disqualification to contract matrimony. 4. Provided, and be it, &c., That no person shall be taken or deemed *o ^ e a Clergyman or Minister of such church, socie- ty, congregation, or religious community, within the intent and meaning of this Act, who shall not have been regularly ordain- ed, constituted or appointed, according 'to the rites and form of such church, society, congregation, or religious community, of which he professes to be a Clergyman or Minister, and unless he shall be a subject of His Majesty, and shall appear before the Justices of the District in which he shall reside, in General Quarter Sessions assembled, and unless he shall produce proof of his ordination, constitution or appointment as such Minister, and shall then and there take the oath of allegiance to His Ma- jesty, which oath the said Court shall then and there adminis- ter; and thereupon, if it shall appear to the Majority of the Jus- tices then present that he has been regularly ordained, consti- tuted or appointed, as aforesaid, they are hereby authorized and required to grant him a certificate under the seal of the Court, and signed by the Chairman and the Clerk of the Peace, for See 10 & 11 Certificates Ministers* 7 before they n a i?e S matri- mony. v See is Vic. APPENDIX. 693 which the said Clerk shall" be entitled to receive the sum of five shillings, certifying him to be a Minister or Clergyman of such church, society, congregation, or religious community; which certificate may be in the following form : " Be it remembered, that at the General Quarter Sessions of the Peace, holden at in and for District on the day of in the year of our Lord , before A. B. and others, Esquires, Justices of our Sovereign Lord the King, as- signed to keep the Peace in the said District, came C. D. of , who professes to be a Minister or Clergyman of the church, society, congregation or religious community, (as the case may be) it appeared to a majority of the Justices that he the said C. D. was duly ordained, constituted or appointed, as the case may be, a Minister or Clergyman of the said church, society, congregation, or religious community. E. F., Chairman. G. H., Clerk of the Peace." 5. Provided also, and be it, &c., That no such Minister Bannst0 be or Clergyman shall at any time celebrate the ceremony of mar- published riage between any two persons as aforesaid, unless such their obtainedV- intention of marriage shall have been declared openly and in an fore the 501- ,., , , , , , , -i i / emnization audible voice in the church, chapel, meeting-house, or place 01 of any mar- public worship of such congregation, or religious community, on riase> three several Sundays, either in some intermediate part of the service, or immediately before it began, or immediately after it ended, together with the number of times the said declaration shall have respectively been made, or unless such Minister or Clergyman shall have been duly authorised by licence under the band and seal of the Governor, Lieutenant-Governor, or Person Administering the Government of the Province, to cele- brate the said ceremony between the two persons therein named. 6. And be it, << *4 in the last Session thereof, intituled, 'An Act to provide by one general law for the erection of Municipal Corporations and the establishment of Regulations of Police, in and for the several Counties, ievic.ch.181, Cities, Towns, Townships and Villages in Upper Canada,' sec - 27 - for amending certain of the provisions of the said Act, and making some further provisions for the better accomplishment of the object thereof/' the powers conferred on the said Court and Judges have been extended to the Court of Common Pleas and the Judges thereof, and additional powers have been thereby given in the premises to the said Courts and Judges respectively; and it being among other things in effect enacted, that it should and might be lawful for the Judges of Her Majesty's two Superior Courts of Common Law at Toronto, or the majority of them, by any rule or rules to be by them for that purpose made, from time to time in term time, as occasion may require, to settle the forms of all such writs, whether of summons, certiorari, mandamus, execution, or of or for whatever other kind or purpose, as are authorised by the said Act therefore, in order to settle the said forms, and to regulate the practice and proceedings in the said Courts in the matters aforesaid, It is ordered, that the following Rules be substituted for the Rules made in Hilary term last by the Judges of the said Court of Queen's Bench for the trial of such elections ; and that the forms of such writs and the practice to be observed with respect to the matters aforesaid shall be as follows, that is to say : THE MUNICIPAL MANUAL. 1. The relator entitled to complain of any election shall in person or by attorney, by written motion, apply to one of the said Courts of Queen's Bench or Common Pleas in term time, or to the Judge presid- ing in Chambers in vacation, for a writ of summons in the nature of a quo warranto, which motion must, according to the statute, be made within six weeks after the election complained against, or within one month after the person whose election is questioned shall have accepted the office, and not afterwards. 2. Such motion shall be founded 1st. On a written statement, which shall be annexed to the motion-paper, setting forth the interest which the relator has in the election, as candidate or voter, and setting forth also specifically, under distinct heads separately numbered, (if there be more than one), all such grounds of objection as he intends to urge against the validity of the election complained against and in favor of the validity of the election of the relator or another, or other person or persons, when he shall claim that he or they or any of them have been duly elected ; and at the foot of such statement there shall be an affidavit made and signed by the relator, that he believes such grounds to be well founded : And 2ndly. On an affidavit or affidavits of the re- lator, or other person or persons, setting forth fully and in detail the facts and circumstances which shall support the application. The statement of the relator may be after the following form, mutatis mutandis : STATEMENT OF THE RELATOR. IN THE QUEEN'S BENCH (or COMMON PLEAS.) The statement and relation of , of , who complaining that , of , (here inserting the names and additions of all, if more than one person] hath (or have] not been duly elected, and hath (or have] unjustly usurped and still doth (or do) usurp the office of , in the Town of , or Town- ship of , as the case may be), in the County (or United Counties) of , under the pretence of an election held on , at , in the said County (or United Counties). [And (when it is claimed that the relator, or the relator and another, or others, ought to have been returned), that (here name the party or parties so entitled) was (or were) duly elected thereto, and ought to have been returned at such election], and declaring that he the said relator hath an interest in the said election as a , states and shews the following causes why the election of the said , to the said office should be de- clared invalid and void. [And (when so claimed) the said (naming the party or parties] be duly elected thereto]. First That (for example] the said election was not conducted according to law in this, that, &c. Second That the said was not duly or legally elected or returned in this, that, &c. Third That, &c. Signed by the relator in person, or by C. D. his attorney. NOTE. Where the intention of the relator is to impeach the election as altogether void, in which event, as the office cannot be claimed for -any other or others, the portion of the aboye and suc- ceeding forms relating thereto should be omitted. QUEEN'S BENCH AND COMMON PLEAS. 699 3. If the Court or Judge applied to shall find sufficient ground for issuing a writ of summons in the nature of a quo warranto, then, upon such recognizance being entered into as the Act directs and a proper affidavit of justification made, and the sufficiency of the sureties allowed by such Court or Judge, a writ shall issue, sealed and tested as other writs of summons in cases between party and party, and attached thereto shall be a copy of the relator's statement of objections and grounds, and of the names and additions of the persons who shall have made the affidavits upon which the writ was moved. The recognizance and fiat for summons, and the writ of summons in these Rules mentioned, may be in the following forms : FORM OF RECOGNIZANCE. IN THE QUEEN'S BENCH (or COMMON PLEAS.) UPPER CANADA, County (or United Counties of ). Be it remembered, that on the day of , in the year of our Lord one thousand eight hundred and , before me of , Chief Justice (or a Justice, or a Commissioner for taking bail) in her Majesty's Court of Queen's Bench (or Common Pleas] for Upper Canada, cometh , of , of , and , of , and acknowledge themselves severally and respectively to owe to , of , (here inserting the name or names of the person whose election is complained against), as follows that is to say, the said , the sum of fifty pounds, and the said and the sum of twenty-five pounds each, upon condition that if the said do prosecute with effect the writ of summons in the nature of quo ivarranto to be issued on an order or fiat to be made at the instance and upon the relation of the said , against the said , to shew by what authority he (or they) the said claims (or claim) to be (here state the office so claimed) and why he (or they) the said should not be removed therefrom, [and (wJiereso claimed by^the relator) why he the said relator (or the party or parties entitled) should not be de- clared duly elected, and be admitted to the said office]; and if the said do pay to the said all such costs as the said Court of (or the Judge presiding in Chambers, at the City of Toronto, in the County of York, ) shall direct in that behalf, then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged the day and year first above mentioed, Before me FORM OF A JUDGE'S FIAT ORDERING A WRIT TO ISSUE IN VACATION IN THE QUEEN'S BENCH (OR COMMON PLEAS). Upon reading the statement of , of , in the County of , com- plaining of the undue election and usurpation of the office of , by , [and (if so, stating) that the said (relator or other person named) was (or were) duly elected, and ought to have been returned to the said office], and upon reading the affidavits filed in support of the said statement ; and also upon reading the recognizance of the said , and sureties therein named, and the same being allowed as sufficient ; I do order that a writ of summons do issue, calling upon the said (the party whose election is 700 THE MUNICIPAL MANUAL, complained of] to shew by what authority he (or they] the said (the party whose election is complained of) DOW exercises or enjoys (or exercise and enjoy) the said office [and why (if so claimed) he (or they) the said , should not be removed therefrom, and the said (relator or other person or persons named) should not be declared duly elected, and be admitted thereto]. Dated this day of , 1 8. NOTE. If by Kule of Court, the above form should be modified accordingly. FORM OF WRIT OF SUMMONS. UPPER CANADA. VICTORIA, by the Grace of GOD, &c. To , of , &c., in the County (or United Counties] of . WE command you (and each of you) that you (and each of you) be and appear before the Chief Justice or other Justice of our Court of Queen's Bench or Common Pleas for Upper Canada, presiding in Chambers, at the Judges' Chambers in our City of Toronto, on the eighth day after the day on which you shall be served with this writ, then and there to answer and shew to such Chief Justice or Justice by what authority you claim to use, exercise or enjoy the office of , which office, upon the relation of , having as he says an interest in the election to the said office as a , we are informed that you have usurped and do still usurp [and that (if so claimed) the said (relator or party or parties mentioned) was (or were] and should have been declared duly elected and admitted thereto], and further to do and receive all those things which our said Chief Justice, or Justice, shall thereupon order concerning the premises. WITNESS, the Honorable , Chief Justice of our said Court of (or other Justice in whose name tlie writ is tested], at Toronto, this day of , 18 , and in the year of our reign. FORM OF NOTICE TO BE ENDORSED ON OR ANNEXED TO THE WRIT OF SUMMONS. IN THE QUEEN'S BENCH (or COMMON PLEAS). The Queen, upon the relation of , against . To and , named in the within (or annexed) writ of summons The within (or annexed) writ of summons has been issued at my instance and relation ; and a statement concerning the premises, whereof a copy is hereunto annexed, is filed in the office of the Clerk of the Crown in this Court (or with the Clerk in Chambers, at the City of Toronto), together with affidavits supporting the same ; and the names and additions of the depo- nents to the said affidavits are hereunder written. And you are served with the said writ of summons to the intent that you do appear and answer, as therein commanded, or otherwise judgment will be given against you by your default, and your election to the therein mentioned office will be declared invalid, and you will be removed therefrom [and the said (the relator, or , the party or parties, if any, alleged to be entitled] therein QUEEN'S BENCH AND COMMON PLEAS. 701 named be declared duly elected, and will be admitted thereto in your place]. A. B. in person, or by C. D. his Attosney. The above mentioned deponents are : ',of '. MINUTE OF THE DAY OF SERVICE TO BE WRITTEN ON THE SUMMONS. Served this day of , 185. 4. A copy of such summons, and of the paper attached thereto, with a notice on the back of the copy of summons, according to the foregoing form, may be served by any literate person, who shall, within twenty-four hours after such service, make a minute on the writ of the time of serving the same; and upon the return of the writ, the party or parties summoned may appear either in person or by attorney; and the manner of appearance shall be by indorsing on the back of the relator's statement attached to the motion paper: "the within named C. D., &c., appears in person (or by attorney, as the case may be) to answer the grounds of objection to his election, which are stated within. " 5. If upon the return day of the summons the party or parties, having been duly served, shall not appear, then, on proof of such ser- vice by affidavit, according to the form subjoined, the Judge sitting in Chambers may, before rising on that day, direct an entry to be made as to such party or parties as make default, on the back of the relator's statement, thus: "The within named C. D. (and E. F.), being duly summoned, hath (or have) not appeared to answer to the matters within objected. " Which entry shall be dated on the day of the return, and may be made on any subsequent day, if omitted to be made on that day. FORM OF AFFIDAVIT OF SERVICE, When made personally, if service special under the 148/7i clause of the Statute (12 Vic., cap. 81), the Affidavit to be modified accordingly. See 22 Vic. cap. 99, sec. 198, subsec. 7. IN THE QUEEN'S BENCH (or COMMON PLEAS.) The Queen, on the relation of , against . , of , in the , maketh oath and saith, that he did, on the day of , personally serve the above named defendant (or defendants) with the annexed writ of summons, by delivering to him (or each of them) a true copy thereof, on which said copy was indorsed a written notice, a copy whereof is hereto annexed, and to which said copy (or copies respec- 702 THE MUNICIPAL MANUAL. tivelij] of the said writ was annexed a written copy of a statement of the above named relator, a copy of which said copy of statement is also hereunto annexed : and the deponent further saith, that the minute (or minutes] of the said service, written on the said writ of summons, was (or were) so written by this deponent within twenty-four hours after such service. Sworn at , in the County of , this day of 185 . Before me . 6. When it shall appear to the court or judge that the returning officer should be made a party, a writ of summons shall issue to him, in the following form, upon a rule of court to issue for that purpose, or upon the fiat of the judge, which summons shall be served with the like papers annexed, and the service thereof proved in like manner as is provided for other writs of summons, as aforesaid : and the party served shall appear and enter his appearance within the same time after service, and in the same manner ; and in default thereof, he shall be liable to have judgment pass against him in his absence, as in the case of any other defendant making a like default, and be dealt with by attachment, execution or otherwise, as the circumstances of the case may require. FORM OF WRIT OF SUMMONS TO A RETURNING OFFICER. UPPER CANADA. VICTORIA, by the Grace of God, &c. Whereas upon the relation of , in our Court of ( Queen's Bench or Common Pleas], , it hath been ordered that a writ of summons should issue to , to shew by what authority he (or they] claims or exercises (or claim or exercise] the office of . And whereas it appears to our Justices of our Court of ( Queen's Bench or Common Pleas], before whom the said writ hath been made returnable, (or as the case may be), that you were the Returning Officer by^ whom the said hath (or have) been returned as duly elected to the said office, and that it is proper you should be made a party to the proceeding aforesaid ; These are therefore to summon you to be and appear before the Chief Justice or other Justice of our Court of ( Queen's Bench or Common Pleas) for Upper Canada presiding in Chambers, at the Judges' Chambers, in our City of Toronto, on , then and thero to answer such matters and things as shall then and there be objected against you, and further to do and receive all those things which said Court or said Justice shall thereupon order concerning you in the premises. Witness, &c. 7. In case of default of appearance by any party summoned as aforesaid, the judge recording the same may, as to such as make default, proceed ex parte; and as to such as shall have appeared, as is herein provided, proceed to determine the validity of the election or elections complained of, and also (if so claimed) of the election of the person or persons alleged to have been duly elected, and give judgment thereon, or he may, in his discretion, with or without any application for that QUEEN'S BENCH AND COMMON PLEAS. 703 purpose, and having regard to the distance of the place where the party was served, or other circumstances, appoint a further day for the ap- pearance of the party or parties summoned, of which an entry shall be made and signed by the judge to the following effect, at the foot of the entry of non-appearance on the back of the relator's statement : " Whereupon a further day is given to the said , (or the said and ,) to appear on/' - to the said office was void, and that he (or they) be removed therefrom (qs the judgment may be)]. And that the said relator (or the said [naming the party or parties whose election is affirmed, when ne or they are adjudged to be entitled to the said office]) was (or were) duly elected thereto, and ought to have been returned, and is (or are) entitled in law to be received into, and to use, exercise and enjoy the said office. And I do adjudge and determine that the said do not in any manner concern himself (or themselves) in or about the said office, but that he (or they) be absolutely forejudged and excluded from further using or exercising the same, under pretence of the said election [and further that the said (naming the relator or parties whose election is affirmed) be (or be respectively) admitted to the said office in his (or tTieir) place or places]; And I do fur- ther order, adjudge and determine, that the said relator do recover against the said his costs and charges by him in and about the said relation and the prosecution thereof expended, to be taxed in the said Court. All which the said writ of summons, and the said judgment, and the statements, answers and proofs of the said relator and of the said , and all other things had before me touching the same, I do hereby certify and deliver into the said Court, according to the form of the statute in such case made and provided. E. F., J. And the following may be the conclusion of a judgment for the defendant, to follow the word affidavit, in the foregoing form : Thereupon now at this day, that is to say, on the day of r r- afore- said, at the Judges 7 Chambers, at Toronto aforesaid, all and singular the relation and proofs of the said relator, and the answers and proofs of the said > being seen and fully understood, I do consider and adjudge that the said office of so claimed by him (or them) the said be allowed and adjudged to him (or them), that the said be dismissed and dis- charged of and from the premises above charged upon him (or them) and also that he (or they) the said do recover against the said relator his [or their] costs by him, [or them respectively] laid out and expended in defending himself [or themselves] in this behalf. All which, &c. [as in the judgment for the relator]. When the returning officer is made a party, the judgment to be modified accordingly. 14. When the judgment of the Judge in Chambers shall have been returned into court according to the statutes, and .after the end ;o W2 706 THE MUNICIPAL MANUAL. four days after such return, and if no rule shall .have been granted to set aside or amend the judgment, the relator or person (or persons) in whose favour the judgment shall have been given, shall te at liberty to tax his or their costs, and the following entry shall be made under or upon the record of the judgment, after which execution may issue : " Afterwards that is to say, on the day of , in the year of the reign of our Lady the Queen, cometh, the said , and prayeth that his [or their] said costs, so as aforesaid adjudged to him [or them], be taxed and assessed according to the form of the statute in such case made and provided, and the said costs of the said , in and about his (or their) prosecution [or defence] aforesaid, and [when the Returning Officer is a party of the said , in and about his defence aforesaid] , so as aforesaid adjudged to him [or them], are now here accordingly taxed and assessed as follows, that is to say, the costs of the said at the sum of [and the costs of the said (when Returning Officer entitled thereto), at the sum of ], and the said , in mercy, &c." lt>. The writs of certiorari and mandamus which it may become necessary to issue in any such case, will be in the common form of such writs, the command therein contained being suited to the circumstances of each case, and, when applicable, the following form may be used : FORM OF A WRIT OF MANDAMUS, To remove the, person (or persons, being less than the whole number of members of any Municipal Corporation} whose election is adjudged invalid, and to admit the person or persons adjudged lawfully elected. Victoria, &c. To the Municipal Corporation of (the town, township, or eity of.) Whereas on the day of in the year of our Lord one thousand eight hundred and at the Judges' Chambers, in the City of Toronto, before Chief Justice (or one of the Justices) of otir Court of Queen's Bench (or Common Pleas) for Upper Canada, it was by the said Chief Jus- tice (or Justice) adjudged and determined that of had usurped, and did then usurp, the office of [and that was (or were) duly elected thereto, and ought to have been returned, and was (or were) enti- tled in law to be received into, and to use, exercise and enjoy the said office], all which has, by the said Chief Justice (or Justice) been duly cer- tified into our Court of Queen's Bench (or Common Pleas), pursuant to the statute in that behalf. Now, we being willing that speedy justice be done in this behalf, as it is reasonable, command that the said (the person or persons, naming him or them, whose election has been declared invalid) do not in any manner concern himself (or themselves) in or about the said office, but that he (or they) be absolutely forejudged, removed and ex- cluded from further using or exercising the same, under pretence of his (or their) election thereto.* [And we do further command that the said (the person or persons, naming him or them, who has or had been adjudged lawfully elected) be forthwith admitted, received and sworn into the said office, to use, exercise and enjoy the same.] And we do hereby command you and every of you to obey, observe, and do all and every act, matter QUEEN'S BENCH AND COMMON PLEAS. 707 &nd thing that may be necessary, on the part of you or any of you in the premises, according to the purport, true intent and meaning of these pre- sents, and of the statutes in that behalf, and that you make known to our Court of Queen's Bench (or Common Pleas) at Toronto, on the day of how this writ shall have been executed. Witness, c. FORM OF A WRIT OF MANDAMUS, When neither the election of the person or persons (less than the whole number of members of the Municipal Corporation) who has (or have) been returned, nor the person or persons claimed to be returned is (or are) held valid, and for a new election. Victoria, &c. To the Municipal Corporation of and to any returning officer or other person or persons to whom it shall of right belong to do any act necessary to be done, touching the election hereinafter commanded to be held: Whereas (as in the last precedent to the asterisk, omitting the part be- tween brackets, and then proceed as follows :) and we do further command that you, the said Municipal Corporation, and any returning officer or other person or persons, or such of you to whom the same shall of right belong, that you do, pursuant to and according to the statute in that behalf, cause an election to be as speedily held as shall be lawful, for the election of a person (or persons) in the place or stead of the said who has (or have) been removed as aforesaid ; and that you, or such of you to whom the same doth of right belong, do administer to the person (or persons) who shall be so elected, the oath (or oaths) if any, in that behalf by law directed ; and that you admit, or cause to be admitted, such person (or persons) so elected into the said office, and that you, the said Municipal "Corporation, do show how this writ shall have been executed to our Court of Queen's Bench (or Common Pleas), at Toronto, on the day of . Witness, &c. FORM OF A WRIT OF MANDAMUS, Directed to the Stieriff, where the elections of all the members of any Municipal Corporation have been adjudged invalid, and for tJie admission oftJwse ad- judged to have been legally elected. Victoria, &c. To the Sheriff of the County (or United Counties) of , Greeting: Whereas (the same as in the first precedent of a mandamus, to the end of the words "adjudged and determined," then say) that the election (or elec- tions) of all the members of the Municipal Corporation of , returned as elected at the election (or elections) of members of the said corporation held (describing the time or times and place or places of such election [or elections]) was (or were) invalid or void in law, and that (naming them all) had usurped (proceeding as in the first precedent, adopting the plural form, to the asterisk, and then as follows) : and we do hereby further com- mand you, the said sheriff, that you do, pursuant to the statute in that be- 708 THE MUNICIPAL MANUAL. half, admit and return and swear into, or cause the said (naming the per- adjudged to have been duly elected) to be forthwith admitted or returned, and sworn into the said office, to use, exercise, and enjoy the same, and that you do and perform, or cause to be done and performed, all and every act or acts, thing or things necessary to be done and performed in the pre- mises : and we hereby command and strictly enjoin all and every person or persons to whom the same shall lawfully belong, to be aiding and assisting you, and to do all and every lawful and necessary act to be done by him or them in the premises, according to the purport, true intent and meaning of these presents, and of the statutes in that behalf ; and how you shall hav executed this writ make known to our Court of Queen's Bench or Common Pleas, at Toronto, on the day of next, and have then there this writ. Witness, &c. FORM OF A MANDAMUS, To the Sheriff', when the elections of all the members of any Municipal Corpc- ration have been adjudged invalid, and requiring others to be elected. Victoria, &c. To the Sheriff, &c. (as in the last precedent to the asterisk, omitting the part between the brackets, and adopting the plural form, then concluding as follows :) and that you do every act necessary to be done by you in order to the due election and admission of members of the said corporation, in the place and stead of the persons whose elections have been so declared invalid ; and we hereby command, and strictly enjoin all and every person and persons (continuing as in the last precedent to the end). Witness, &c. The form of writs of execution for costs in any such case may be as follows : FI. FA. AGAINST DEFENDANT FOR T.E1ATOR S COSTS. UPPER CANADA. Victoria, &c. To the Sheriff of the County of , Greeting: We command you, that you levy, or cause to be levied, of the goods and chattels of C. D., late of , [add the description of the returning officer, where the execution is against him], the sum of , which hath been lately adjudged to A. B. of , in our Court of Queen's Bench [or Common Pleas], at Toronto, according to the form of the statute in such case made and provided, for his costs by him laid out and expended in the prosecuting of a certain writ of summons in the nature of a quo warranto, issued out of our said court against -, at the relation of the said A. B., for usurping the office of , in our , of , in your county, [add, when the returning officer is a party, " to which proceeding the said was made a party,"] and wher-eof the said C. D. [&c.] is [or are] convicted, as in our said court appears of record, and that you have that money before our Court of Queen's Bench [or Common Pleas], at Toronto, on the day of Term, to satisfy the said A. B. for his costs aforesaid, and haye you then there this writ. Witness, &c. QUEEN'S BENCH AND COMMON PLEAS. 709 FI. FA. AGAINST 1'B.E RELATOR FOR THE DEFENDANT'S COSTS. UPPER CANADA. Victoria, &c. To the Sheriff of the County [or United Counties] of , Greeting : We command you, that you levy, or cause to be levied, of the goods and chattels of A. B., late of the sum of which hath lately been adjudged to C. D. of in our Court of Queen's Bench (or Common Pleas), at Toronto, according to the form of the statute in such case made and provided, for his costs by him laid out and expended in his defence upon a certain writ of summons in the nature of a quo warranto, issued out of our said court against the said C. D., upon the relation of the said A. B., for usurping the office of in our of in your County (or Counties). [Ir the returning officer has been made a party, add here, " to which proceeding E. F., the returning officer, at the election of the said C. D. to the said office, was made a party,"] whereof the said A. B. is convicted as in OUT said court appears of record ; and that you have that money before our said court, at Toronto, on the day of Term, to satisfy the said C. D, for his costs aforesaid, and have you then there this writ. Witness, &c. JV. JS. When the returning officer has been made a party, and is entitled to costs, Ike fieri facias musi be framed accordingly. 16. Contempts in disobeying writs of summons, certiorari, man- damus, or other process, rule or order of either court, or of any judge thereof acting in the execution of the powers conferred by the statutes 12 Vic. ck 81, and 13 & 14 Vic. ch. 64, are to be certified into the court from which the writ of summons issued, to be dealt with like other contempts of such court in other 17, If any of the forms given in the foregoing rules shall not be found adapted to a case which may arise in reference to proceedings con- nected with or resulting from the trial of the validity of municipal elections, changes are to be made therein when necessary, at the dis- cretion of the judge who shall try or determine the case, to adapt the same to such particular case. 18 None of the proceedings which shall be had in any case for trying the vatidity of any election, or which shall follow the determina- tion thereof, snail be set aside or]held void on account of any irregularity or defect, which shall not, in the opinion of the court or judge before whom the objection is made, be deemed such as to interfere with the just trial and adjudication of the case upon the merits. 10. Costs. The same iable as authorized by the fifteenth rule of Hilary Term last, and any disbursements necessarily made, and not allowed for in the said table, may be taxed according to the table of fees 710 THE MUNICIPAL MANUAL. generally established in the court in which the proceedings shall be con- ducted. JNO. B. ROBINSON, C. J. J. B MACAULAY, C. J. C. P. A. MCLEAN, J. WM. H. DRAPER, J. R. B. SULLIVAN, J. ROBERT BURNS, J. The costs which will be taxable under the foregoing orders may be stated as follows : ATTORNEY. s. d, Instructions To apply for a writ of summons or defend against 050 Statement Of the grounds of complaint, including fair copy 050 Affidavits Whether special or common, per folio of 100 words, and copies thereof when necessary 006 Recognizance Drawing 026 Attendances, Special at Chambers, for writ of summons, to serve writ, upon the argument, or to hear judgment 026 Attendances, Common all other attendances not mentioned as special, each 1 S Writs Preparing writ of summons, writ of certiorari, mandamus, trial or writ of execution each 026 Fee on each writ 050 Notices Indorsement on writ of summons, every other indorse- ment upon writ, when required to be made, and all common notices, each 013 Copies Of statement or other papers and documents, when re- quired to be made or served, half the amount allowed for the original, and when no specific sum is allowed, then copies of papers required, or which may be directed to be made, furnished or served, to be allowed per folio of 100 words 006 Issues When directed to be tried, preparing same 050 Disbursements Postages actually paid, mileage where it is neces- sary to employ parties to serve writs, papers, &c., the actual number of miles travelled to perform the service, per mile... 006 The affidavit must state the number of miles actually travelled, and also that the charge has been paid. N.B. No instructions to be allowed nor attendances to swear affidavits. No instructions to be allowed for briefs or charge for briefs. COUNSEL. Fee For argument upon the return of the writ of summons, if argued by counsel 150 To be increased at the discretion of the judge, according to the importance of the case. Fee Upon the trial of issues upon writ of trial at the County Court 1 10 QUEEN'S BENCH AND COMMON PLEAS. 711 CLERKS OP THE CROWN AND PLEAS AND THEIR DEPUTIES. s. D. For taking recognizance , 026 For signing and sealing each writ 013 For each order or rule of court 026 For filing each paper 004 Copies of papers, per folio of 100 words 006 COMMISSIONER. For taking recognizance 026 Swearing each affidavit 010 CLERK IN CHAMBERS. For each fiat granted by a judge for a writ 013 For filing each paper 004 For making up each final judgment of the judge and returning the same into court 050 Copies of papers, per folio of 100 words 006 Witnesses, jurors, sheriff and other officers, the same fees and allowances as for similar services at Nisi Prius, and in the Courts of Queen's Bench and Common Pleas. INDEX. ACCIDENTS. See RAILWAYS, 2. ACCOUNTS. See BY-LAWS FEE FUND. Two to be kept, 114. To be called Special Rate and Sinking Fund accounts, 114. Objects thereof, 114. Surplus to Special Rate account, how disposed of, 114. How invested, 115. Authority of Governor General, 116. Appropriation of surplus, 116* Auditing. See OFFICEES, 2 and 5. To Government to be in Dollars and Cents, 616. ACT (INTERPRETATION.) See INTERPRETATION ACT. ADDINGTON (COUNTY.) Of what Townships composed, 430. United with Lennox for Representation in Assembly, 485. Part of Cataraque in Council, 613. ADJOURNMENT. Of Meetings. See MUNICIPAL COUNCILS, 6. ADMINISTRATION OF JUSTICE AND POLICE. See APPEALS BY-LAWS, 6, Cities to be Counties for certain purposes, 208. 1. Justices of the Peace Heads of Councils to be, 208. Qualification and Oaths, 208. Commissions of Peace when to cease, 209. Jurisdiction of County Justices, 209. Justices may be appointed for Towns, 209. Mayor may call out posse, 210. Power of Heads of Councils, 210. 2. Police Office Towns and Cities to establish, 211. Who to preside, 211. Days of attendance, 211. 3. Recorder's Court To be in every City, 211. Who to preside, 211. Jurisdiction of Court, 211. 4. Police Magistrates and Recorders Recorder to be Barrister of five years, 212. His salary, 212. 714 INDEX. ADMINISTRATION OF JUSTICE AND POLICE (continued.) Salary of Police Magistrate, 212. When to be appointed, 212. To be appointed by Crown, 213. Clerks of such Courts, 213. Salary, 213. 5. Sessions of such Courts Recorder's Court, four annual Sessions, 213. On what days to be holden, 213. Panels of Jurors 214. Duty of High Bailiff, 214. Costs of persons acquitted, 214. 6. Expenses of Recorders' Courts How defrayed, 214. 7. Other duties of Recorder To hold certain investigations, 214. His powers in respect thereof, 215. His duties, 215. 8. City Division Court When Recorder to hold, 215. His powers and privileges, 216. Authority of County Judge to cease, 216. Salary as Judge of Division Court, 216. Not to practise as a Barrister, 217. Provision in case of his absence, 217. Appointment of Deputy, 217. Form thereof, 217. Power of Governor in respect thereof, 218 9. Jurors and Witnesses Who competent as, 218. Exemptions as Jurors, 219. 10. High Bailiff and Constables Appointment of High Bailiff, 219. Appointment of Chief Constable, 219. Arrests without warrant for breaches of Pace, 219 Power of Mayor to suspend, 220. Salary during suspension, 220. 11. Board of Police How constituted, 220. How many a quorum, 221. Number of Police Force, 221. Appointment of Policemen, 221. Board to make regulations, 221. Police subject to Board, 222. Remuneration of Force, 222. 12. Court Houses and Prisons Power to erect, 222, 239. When cosamon to Cities and Counties, 223. INDEX. 715 ADMINISTRATION OF JUSTICE AND POLICE (continued.) Gaols, Houses of Correction, 241. Sale of spirituous liquors in, 252. Compensation how regulated, 223. When may be revised, 224. Cities may erect, 224. Provision if Counties separated, 224. Inspection of. See INSPECTORS, 4. 13. Lock-up Houses Counties may establish, 225. Constable to be placed in charge, 225. Who to be confined therein, 225. Expense of conveying prisoners, 226. Provision as to existing Lock-up Houses, 226. Power of other Municipalities to establish, 226. 14. Houses of Industry and Refuge How and by whom established, 227. Who liable to be committed thereto, 227. Punishment of refractory inmates, 228. Duty of Inspectors, 228. 15. Work Houses. How and by whom established, 228. Who liable to be committed thereto, 229. 16. Care of Gaols, Court Houses, $c. Sheriff to have, of County Gaol, 229. County Council of Court House, 229. Duty to provide accommodation for Courts, 229. Provision for City Gaols, &c., 230. 17. Fees Of Sheriffs, Coroners, Clerks of the Peace, Constables, Criers, how fixed, 286. Mode of levying, 286. By whom, for assault and battery to be paid, 286. Cases of felony, 287. Penalty for extortion, 287. County Treasurer's duty, 287. Limitation of suits for penalties, 287. Expenses to be borne by the Province, 294. Accounts how audited, 294. What deemed expenses, 294. 18. Returns to Government Proper Officer to make return of Fee Fund, 491. When to be made, 491. AFFAIRS (FINANCIAL) Investigation of. See COMMISSIONERS. AFFIRMATIONS, Instead of Oaths. See OFFICIAL DECLARATIONS. 716 INDEX. AGRICULTURAL SOCIETIES. Power to aid. See BY-LAWS, 8. ALDBOROUGH (TOWNSHIP.) Difficulties as to titles, &c., in, settled, 555. ALE HOUSES. Regulation of. See BYLAWS, 9. Alms Houses. See BY-LAWS, 9 ASSESSMENTS, 1. ALIENS. Residents on 10th February, 1841, naturalized, 386. As to Residents on 10th February, 1848, 387. As to other aliens, 387. 663. Oath of residence when required, 387. Form thereof, 388. Form of oath of allegiance, 388. Before whom to be taken, 388. Certificate thereof to be granted, 388. Where to be presented, 389. Effect of recording same, 389. Form of certificate of naturalization, 389. What evidence of naturalization, 390. What aliens entitled to certificate, 390. Wives of British subjects naturalized, 390. Fees for duties aforesaid, 390. Aliens may hold and transmit real estate, 391. On what terms privileges granted may be used, 391. False swearing perjury, 391. ALLEGIANCE. Oath of, 388, 398. ALMS HOUSES. See BY-LAWS, 16. AMELIASBURGH. Survey in, 421. AMHERSTBURGH. Authorized to sell Market site, 480. Proceeds, how to be applied, 482. AMUSEMENT, Regulation of places of. See BY-LAWS, 12. ANATOMY. Delivery of certain bodies for dissection, 256. To whom to be delivered, 257. Inspectors to be appointed, 257. Duties of Inspectors, 257. Duty of Coroners as to bodies, 257. Duty of Superintendents of Public Institutions, 257. INDEX. 717 AN ATOMY (continued. ) Register to be kept by them, 258. Emoluments of Inspector, 258. Security to be given by Medical men, 258. ANCASTER. Survey in, 243. ANIMALS (CRUELTY TO.) See BT-LAWS, 9 POUNDS. ANNEXATION. Of Gores. See GORES. Of pieces of one Municipality to another. See CITIES, TOWNS AND VILLAGES. Of Townships. See TOWNSHIPS. ANSTRATHER (TOWNSHIP.) Attached to Peterborough, 632. APPEALS. See ASSESSMENTS 4. Right of appeal from decision of Magistrates, 400. Proceedings to effect same, 401. Jury to be empannelled on request, 401. Oaths, Jurors, 401. Appeal may be abandoned, 401. Proceedings in such case, 401. So under By-Laws of Municipality, 500. APPOINTMENTS. See INTERPRETATION ACT OFFICERS. When to be made in default of elections, 54. When equivalent to elections, 63. How contested, 56. ARBITRATION. See ROADS. Proceedings. Each to appoint an arbitrator, 194. The two to appoints third, 194. Provision in case of neglect, 194. In case of an, as to roads, 195. Provision if owner fails to name arbitrator, 195. Time for award, 196. County Judge when to appoint arbitrator, 196. Appointments how made, 196. Head of Corporation to appoint, 197. Provision if several interested in same property, 197. Arbitrators to be sworn, 197. Form of oath, 197. When necessary for award to be adopted by By-law, 198. When notes of evidence to be filed, 198. Power of Courts as to award, 199. 718 INDEX* ARREARS (OF TAXES) How recoverable. See ASSESSMENTS, 7, 8 ASHES. See BY-LAWS, 15. ASSESSMENT ROLLS. See ASSESSMENTS, 3. ASSESSMENTS. See INDIANS. 1. Property liable to taxation In general all real and personal, 601. Definition of " Land," and other terms, 501. Scale for assessing personal, 502. Tax on income, 502. Exemptions, Property of Her Majesty, 502. Places of worship, &c., 502. Provincial Penetentiary, 503. Poor Houses, &c., &c., 503. Scientific Institutions, 503. Personal of Governor, 503. Official occupants of public property, 503. Full and half pay of persons in military service, 603. Pensions, &c., 503. Provincial Pensions, under 50, 503. Income of Farmers, 503. Personal, secured by mortgage, 503, Bank and Railway Stock, 603, Personal, to amount debts due, 60S. Nett Personal, under 25, 503. Stipends of Clergymen, under 300, 504. Household effects, 504. 2. Assessments how made Lands to be assessed where situate, 504, When in name of owner, 504. When in name of occupant, 504. From whom taxes recoverable, 504. Unoccupied lands how to be designated, 504. Proviso as to lands of Railways, 504. How property of corporations to be assessed, 505. Property of Partnerships how, 505. Where no place of business, 505. Where property held in representative capacity, 505. Real, to be estimated at full value, 606. What deemed vacant land, 506. How to be valued, 606. What deemed yearly value of personalty, 506. What deemed yealy value of realty in Cities, 506.' Taxes to be levied equally on whole ratable property, 506, From what date to be computed, 506. 3. Assessments how and by whom to be made One or more assessors to be appointed, 506. Creation of assessment districts, 507. INDEX. 719 ASSESSMENTS (continued.) Roll how prepared its contents, 507. Non Residents, how to be distinguished, 507. Particulars to be delivered to assessor, 507. Duty of assessors thereupon, 608. Penalty for false statements, 608. Representative capacity to be stated, 508. Duty of Railway Companies, 508. Lands of non residents, how to be designated on roll, 509, Notice of value to be given by assessors, 509. When roll to be completed, 609, 539, Certificate to be attached to roll, 610. Roll when completed to be delivered to Clerk, 510. Duty of Clerk in respect thereof, 510. 4. Appeals from assessments Court to try iame, 510. Quorum, 611. General powers, 611, 613. Parties entitled to appeal, 511. Effect of roll when finally passed, 511, Publication of list of complainants, 511, Advertisement of sitting of Court, 511. Notice to parties concerned, 511. Appearance, 512. False declaration perjury, 512. Power of Court to adjourn, 513. May summon witnesses, 513. Penalty for non-attendance, 613. Still further appeal to Judge of County Court, 512. Notice to be published, 612. Hearing, appeals, 512. Return to be made by Judge to Clerk of Division Court, 512", When to be made* 612. Duty of Clerk of Division Court, 512. Costs, award of,' 513. . Municipal rates Estimate to be made of sums required, 514. By-laws for raising same, 514. Provision if amount collected short, 514. Provision if there be an excess, 514. How rates to be calculated, 514. County Courts to revise Rolls, 514. . When to be done, 515 Provision if Clerk neglect to transmit, 514. Apportionment of County rates how to be based, 515. Same as between Townships and Townships, 515. Provision as to new Municipalities, 515. Portions to be raised by Townships to be certified by Clerks, 51 6, When to be certified, 516. 8. Statute Labour Commutation for in certain cases, 516. Exemptions, when, 516v 720 INDEX. ASSESSMENTS (continued.) Katio of labour, 617. Money commutation in such cases, 517. County Councils may alter rates, 517. Payment of, how enforced, 617. Commutation by non-residents, 518. Same when names entered on rolls, 518. See also PENSIONERS. 7. Collection of rates Collectors roll to be made out, 619. Contents thereof, 519. When to be deliTered, 619, List of non-residents also to be made out, 520. What to be done with same, 620. Duty of collectors on receiving roll, 520. Power to levy by distress, 620. Notice of sale to be given, 520. Surplus of sale, if any, how dealt with, 521. Proceedings upon removal of parties, 521. May be sued by action, 521. Collector's roll evidence of debt, 621, Taxes a special lien on land, 521. Collection of, notwithstanding separation of Township or County, 27. When rolls to be returned, 522, Proceedings if taxes then unpaid, 522. 8. Non-Residents Lists to be furnished by Commissioner of Crown Lands, 522. Duty of County Treasurer on receipt of same, 522. Duty of Township Clerks on receipt of same, 522. Copies of parts of Collector's Roll to be furnished County Treasu- rer, 623. Procedings after roll returned, 523. Duty of County Treasurer, 523. Fees to Treasurer for searches, 623. Lands where taxes not paid to be entered in a book, 624. Book to be balanced yearly, 524. Proceedings where lands not assessed, 524. Ten per cent, to be added yearly to arrears, 524. Sheriff may levy where distress, 525. After five years arrears, sale, 525. County may extend the period, 525. Distinction to be made between lands leased and granted, 525. Duty of Sheriff on receipt of warrant, 525. Advertisement for three months, 525. In what newspaper, 625. Levy of costs, 526. Sheriff to levy if distress. 526. How lands to be sold by Sheriff, 526. Return by Sheriff, 526. Provision if no bidders, 526. Sheriff to give certificate of sale, 526. Purchasers, how far deemed owners, 527. INDEX. 721 ASSESSMENTS (continued.} Remuneration of Sheriff, 527. How collected, 527. Period for redemption by owner, 528. Ten per cent, on purchase money to be paid, 528. When Sheriff to make a deed, 528. How to be registered, 528. Fees to Registrar, 528. Provision as to old deeds, 529. Entry of sale to be made by Sheriff, 529. Non-Resident Land Fund established, 529. Arrears to form a charge on land, 530. Deficiencies, how supplied, 530. Issue of debentures on credit of Non-Resident Land Fund, 530. By whom to be negotiated, 530. Interest thereon, how to be paid, 530. Surplus of fund, how disposed of, 531. Treasurer's remuneration, how paid, 531. Annual statement of fund to be made, 531. Copy to be transmitted to Provincial Secretary, 531. Interpretation of words, 531. 9. Responsibility of Officers Bonds to be given, 531. Penalty for neglect of duty, 532. Punishment for fraudulent assessment, 532. Evidence of such fraud, 532. Summary recovery of money due, 533. Duty of Sheriff in the matter, 533. Liability of Sheriff, &c., for neglect, 533. Duty of Coroner, 534. Application of penalties, 534. Statutable assessments, 534. How public moneys to be paid over when collected, 535. Treasurer of Township to pay over County moneys, 535. How to be enforced, 535. Duty of Sheriff, 535. Treasurer, &c., to account to Crown for certain moneys, 535- When Counties responsible to Crown, 536. Responsibility of sureties, 536. 10. Miscellaneous Penalty for tearing down notice, 536. Recovery of fines imposed, 536. Interpretation clause, 537. Provision for new Municipalities, 537. Short title of Act, 537. Arrears between 1836 and 1849, how to be collected, 407.. Notice to party in default, 408. Taxes so paid, how to be dealt with, 408. Certain doubtful By-laws made good, 539. Certain rates imposed by such By-laws confirmed, 540. Provision for rate imposed by 59 Geo. III. c. 8, 540. Provision as to taxes already collected, 541. When lands chargeable, 541. X 2 722 INDEX. ASSESSMENTS (continued.) Repeal of By-law not to extinguish arrears, 541. Duty of County Treasurer, 541. To make lists of such lands, 541. Lists to be advertised, 542. Failure to advertise not to invalidate claim of Counties, 579. Provision where lands already sold, 542. Time for redemption, 543. Compensation, how much, 543. Lists of lands redeemed to be published, 544. Repayment to purchasers, 544, Cancellation of deeds, 544. Certain sales confirmed, 544. Interpretation clause, 545. Assessments for 1854 confirmed, 559. Lunatic Asylum tax discontinued, 615. Other moneys appropriated, 615. Investment of such money, 615. Deeds to Assignees of Purchaser heretofore made valid, 630. ASSESSORS. See ASSESSMENTS, 3 OFFICERS, 4. ATTORNEYS. Exempt from municipal offices^ 33. AUCTIONEERS. Licensing of. See BY-LAWS, 13. AUDITORS. See OFFICERS, 5. AWARD. See ARBITRATION. BAIL. Effect of separation of Counties on, 24, 565. BAILIFF. Of Division Court disqualified to sit in Council, 32. BAILIFF (HIGH). See ADMINISTRATION OF JUSTICE, 10. BANKING. General powers of, 320. Not allowed by Municipal Corporations. See MUNICIPAL COUNCILS. BARRISTERS. Exempt from municipal offices, 33. BATHING. Regulation of. See BY-LAWS, 15. BATHURST. Legislative Council, Electoral Division of, constituted, 613, BATHURST (OLD DISTRICT). Boundary defined, 381. Parcel annexed to, 381. BAYFIELD. Construction of Harbour authorized, 658. INDEX. 723 BAYS. Counties on, how bounded, 427. BEDFORD (TOWNSHIP). Survey in, confirmed, 561. BELLEVILLE. Boundaries and Wards, 402. BERLIN. Certain By-laws of, legalized, 688. BEVERLEY (TOWNSHIP). Boundaries of certain lots in, settled, 556. Same, 584. BILLIARD TABLES. How licensed. See BY-LAWS, 9. BILLS OF MORTALITY. See BY-LAWS, 15. BIRDS. Destruction of. See BY-LAWS, 9. BOARD OF POLICE. See ADMINISTRATION OF JUSTICE, 11. BONDS. To be taken from certain Officers. See ASSESSMENTS, 9. BOOKS. Property of Corporation. See OFFICERS, 6. BORROWING MONEY. See BY-LAWS, 7. BOUNDARIES. See BY-LAWS, 9, SURVEYS. BOWLING ALLEYS. See BY-LAWS, 9. BOWMANVILLE. Incoroporated as a Town, 642. Division into three Wards, 642. Boundaries of Wards, 642. BRADFORD. Incorporated as a Village, 650. Boundaries of Village, 650. ^BRANT (COUNTY). Of what Townships composed, 431. ' Divided into two Ridings for Representation in Assembly, 489. Part of Erie in Legislative Council Divisions, 612. BRANTFORD (TOWN). Boundaries, Wards, &c., 856. BRANTFORD (TOWNSHIP). Divided for purposes of Representation in Assembly, 489* Certain proceedings of Council confirmed, 658. Certain Road allowance vested in G. S. Wilkes, 596. Same in F. T. Wilkes, 661. Same in G. S. Wilkes, 662. 724 INDEX, BREAD. Assize of. See BY-LAWS, 15. BRIDGES. See ROADS. Interpretation of, 231. BRIGHTON. New Township of, 434. Boundaries how fixed, 472. Road allowance in, vested in Jonas T. Wellington, 642'. BROCK, Legislative Council Election Division of, 612. BROCKVILLE. Boundaries, Wards, &c., 358. An Electoral Division for Assembly, 490. Part of St. Lawrence for Council, 612. BRUCE. Of what Townships composed, 431. United with Huron for Representation in Assembly, 485. Part of Saugeen for Legislative Council, 612. Power to take Stock in a certain Railway, 633. Proclamation appointing Walkerton County Town annulled, 687. Selection of County Town by whom to be made, 687. Claims of different places, how to be disposed c-f, 687. Supplies to be voted, 687. Decision of Governor to b final, 687. BUCKETS (FIRE). See BY-LAWS, 15 POLICE VILLAGES, 2. BURLINGTON. Legislative Council Division, 611. BUTCHER'S MEAT. Assize of. Sse BY-LAWS, 15. BY-LAWS. See ASSESSMENTS, 5 CONSOLIDATED MUNICIPAL LOAN FUND POUND AND POUND KEEPERS PUBLIC WORKS RAILWAYS ROADS. 1. General matters How authenticated, 88. Certified copies, evidence, 88. Opposition, how made, 89. , Duty of Council thereon, 90. 2. Proceedings to procure assent of Electors Time and place of voting to be fixed, 90. Returning officers to be named, 90. Publication of By-law. 91. Notice to be given, 91. Poll to be taken, 91. Poll Book to be returned to Clerk, 91. Duty of Clerk, 91. . 3. Assent of Governor Facts to be verified therefor, 92, INDEX. 725 BY-LAWS (continued.) 4. Quashing Who may apply, 92. To what Courts, 93. Copy of By-law, &c., to be produced, 93. To be certified as directed, 93. Affidavit required, 93. Application when to be made TvJben By-law promulgated, 95. What, promulgation, 95. When rate imposed, 96. Notice to be given, 9G. Form thereof, 96. Notice giving substance, 97. Effect if not moved against within time limited, 97. -5. Effect of Quashing When action to be brought, 98. Notice to be given, 98. To be against Corporation alone, 98. Tender of amends, 99. Plea of tender, 99. Costs, 100. K5. Offences against By officers of Municipality, 100. Jurisdiction to try, 100, 101. Proceedings, 100. Commitment in default of distress, 101. Application of fines, 101. 7. To create debts, $c. Power to pass, 109. When day to take effect to be named, 110. When debt to be redeemed, 110. Special rate to be provided, 110. Rate to be sufficient, 110. How amount of property to be ascertained, 111. Necessary recitals. Amount of debt, 111. Total amount io be raised annually. Amount of ratable property, 111. Special rate, 111. When assent of ratepayers requisite, 112. County Councils excepted, 112. Course to be pursued by County Councils, 112. Form of By-law, 695. Form of Notice, 113. Not repealable, 116. When debt contracted only pro tanto, 116. Seduction of special rate. To be by By-law, 117. Recitals of such By-law, 119. Anticipatory appropriations. STobe by By-law, 119. 726 INDEX. BY-LAWS (continued.) Sources thereof, 120. Requirements of By-law, 121. For relief of Junior County, 120. Cessation of original rate when authorized, 120. To be by By-law, 120. Requirements of By-law, 121. 8. Counties, Townships, Cities, Towns, and Incorporated Villages may pass For obtaining property, 123. For appointing certain officers, 124. For regulating duties, &c., of such officers, 125. For aiding agricultural and other Societies, 125. For taking census of inhabitants, 125. For inflicting certain fines and penalties, 125. For collecting such penalties by distress, &c., 126. For imprisoning, c., 126. & Townships, Cities, Towns, and Incorporated Villages may pass For granting Tavern Licenses, &c., 127. For declaring terms, &c., of License, 12T. For declaring nature of security, &c., 127. For limiting the number of Tavern Licenses, 127. For regulating the houses, &c., licensed, 127. For prohibiting sale of Spirituous liquors, 127. Approval of electors when required, 127. For appointing Inspector of Licenses, 131. For defining their duties, &c., 131. For licensing, &c., Billiard Tables, 132. For regulating, &c., Victualling Houses, 132* For licensing same, 132. For ascertaining boundaries, 134. For preservation of durable monuments, 134. For obtaining property for Schools, 135. For establishment and support of, 135. For purchasing land for Cemeteries, 135. For selling or leasing portions thereof, 135. For preventing cruelty to Animais, 135. For preventing destruction to Birds, 135. For imposing tax on Dogs, 136. For killing Dogs, 136. For settling height of Fences, 136. For regulating Division Fences, 136. For preventing growth of Weeds, 136. For preventing shows, &c., 137. For regulating same, 137. For preventing violation of Graves, &c., 137. For preventing destruction of Trees, 137. For preventing destruction of Sign Boards, 137. For authorizing gas and water, 138. For acquiring stock in Gas, &c., Companies, 13& 10. Townships and Counties may pass Ear paying members for attendance, 138,. Rate limited, 138. INDEX. / 727 BY-LAWS (continued. ) 11. Townships alone may pass certain By-laws See TOWNSHIPS. 12. Counties, Cities and Towns, may pass For appointing Inspectors of Weights and Measures, 144. For visiting places where used, 145. For destroying those not according to standard, 145. For imposing penalties therefor, 145. For enforcing observance of Sabbath, 145. For sale of intoxicating drinks to minors, &c., 146. For preventing indecent placards, 146. For preventing vice, 146. For suppressing Tippling Houses, 146. " " Houses of Ill-fame, 146. For preventinn Horse Racing, 147. For regulating same, 147. For preventing Shows, &c., 147. For regulating same, 147. For suppressing Gambling Houses, 147. For restraining Vagrants, 147. For punishing same, 147. For preventing Indecency, 147. For preventing Bathing, 147. For regulating same, 147. 13. Counties and Cities may pass For appointing Engineers, 148. " " Inspectors of Houses of Industry, 148. " " Surgeons for the gaol, 148. For licensing Auctioneers, &c., 148. " Hawkers, &c., 148. For regulating Ferries, 149. Powers of Governor in Council, 149. For obtaining land for Grammar Schools, 149. For disposing of same, 150. For defraying expenses of University Pupils, 150. Same as to Grammar Schools, 150. For endowing Fellowships, &c., 151. 14. Counties only, power to pass See COUNTIES. 15. Cities, Towns and Incorporated Villages, may pass For regulating wharves, &c., 152. For removal of Street Obstructions, 152. For making Wharves, &c., 153. For regulating Harbours, &c., 153. For establishing Reservoirs, &c., 153. For regulating same, 153. For establishing Markets, 153. For regulating same, 153. For regulating sale of Meat, 154. For regulating sale of Animals, 154. 728 INDEX. BY-LAWS (continued.} For regulating, &c., Butcher's Meat, 154. For preventing forestalling, &c., 154, For regulating Hucksters, 154. For regulating Measuring and Weighing, 154. For imposing penalties for light weight, 154. For regulating vehicles exposing articles for sale, 154. For regulatin-g assize of bread, 154. For destroying unwholesome Meat, 154. For selling Butcher's meat distrained for rent, 154. For preventing Nuisances, 154. For preventing Bathing, 154. For regulating same, 154. For abating Nuisances, 165. For preventing Privy Vaults, 155. For regulating construction of same, 155. For enclosing Vacant Lots, 155. For preventing Slaughter Houses, 155. For regulating same, 155. For preventing unusual noises, 155. For preventing use of Fire Arms, 155. For regulating same, 155. For preventing immoderate Driving, 155. For regulating Runners, 155. For providing for Public Health, 155. For regulating Interments, 155. For the keeping of Bills of Mortality, 155. For regulating Livery Stables, 156. For regulating keeping of Gunpowder, 156. For transport of same, 156. For appointing Firewardens, &c., 156. For providing Medals for Firemen, 156. For regulating use of Fire, 156. For regulating Combustible Manufactories, 156. For regulating construction of Chimneys, 156. For regulating Ashes, 157. For regulating Party Walls, 157. For compulsion of Scuttles, 157. For guarding against Fire, 157. For providing Fire Buckets, 157. For authorizing Officers to Inspect, 157. For suppressing Fires, 157. For regulating People at Fires, 3 57. 16. Cities and Towns may pass For licensing Intelligence Offices, 158. For regulation of same, 158. For limiting duration of license, 158. For prohibiting, without license, 158. For fixing fee on license, 158. For regulating erection of wooden buildings, 158. For establishing Police, 158. For regulating, 158. ^ For maintaining, 158. INDEX. 729 BY-LAWS (continued.) For acquiring land for industrial farm, 159. For erection of buildings on, 159. For management of, 159. For establishing alms houses, 159. For regulating same, 159. For granting out-door relief, 159. For aid to charitable institutions, 159. For compelling removal of snow, ice, and dirt, 159. For removal in case of default, 100. For numbering houses and lots, 160. For charging expense, 160. For keeping records of streets, 160. For procuring levels of cellars, 160. For report of plan, 160. For regulating construction of cellars, 160. For filling up grounds, &c., 160. For assessing owners, &c., 160. For making other necessary regulations, 161. For assessing for sewers, 161. For appointing Corporation Surveyor, 161. Examination of, 161. For lighting Municipality, 161. For laying down pipes, 161. For constructing works, 162. Requirements of By-law, 162. Holding of poll, 162. Provision if By-law repealed, 1 62. , Provision if previous Company, 163. For inspection of gas metres, 163. For appointing Commissioners, 163. BYTOWN. See OTTAWA. CAMDEN. Survey in, 251. CANADA GAZETTE. Advertisements in, of lands to be sold for taxes, 525. CARLETON (COUNTY). Of what Townships composed, 429. A County for representation in Assembly, 429. Part of Rideau, &c., for Council, 612. CART WRIGHT. Part of, detached, 434. CASTING VOTE. See MUNICIPAL COUNCILS, 6. CATARAQUI. Electoral Division of Legislative Council, 613. CATTLE. See POUNDS RAILWAYS, 2. CAVENDISH. Survey in, 251. Attached to Peterborough, 632. 730 INDEX. CAYUGA. Divided into two, 383. Part of Ottawa Street closed, 435. CEMETERIES. See BY-LAWS, 9. CENSUS. See BY-LAWS, 8. Certain sections of former Act repealed, 438. When, to be taken, 438. Governor may alter time by proclamation, 444. Under whose superintendence, 438. What information required, 438. Officers by whom to be taken, 439. Appointment of Enumerators, 439. Instructions to Enumerators, 439. Duty of Enumerators, 439. Return to be made to Census Officer, 440. And by him to Board of Statistics, 440. Printed Schedules to be furnished, 441. Occupants of houses to fill up same, 441. Penalty for neglect or false returns, 441. Schedules to be collected and by whom, 441. And to be delivered to Census Officers, 442. Power of Enumerators to ask questions, 442. Penalty for refusal to answer or if false, 442. Recovery and application of penalties, 442. Penalty on Census Officers, &c., for neglect of duty, 443. Power of removal, 443. What, evidence of instructions, &c., 443. Allowance to Census Officers, 443. Same to Enumerators, 443. How allowances paid, 444. Report to be laid before Parliament, 444. Interpretation Clause, 444. CHAIN BEARERS. See SURVEYS, 2. CHAIRMAN. In absence of Head Council. See MUNICIPAL COUNCILS, 6. CHAMBERLAIN. See OFFICERS, 3. CHARCOAL. See POLICE VILLAGES, 2. CHARITY. See BY-LAWS, 16. CHATHAM. Power of, to sell certain land, 562, 590. CITIES. See BY-LAWSROADS. Erection of Towns into, 7. Division of, into Wards, 9. Parts of adjacant Townshij Effect on land so added, 9. New division of, into Wards, 9. Liberties abolished, 10. Heads and Members of Council, 31. INDEX. 731 CITIES (continued.} Qualification, 81. Returns by, to Government. See RETURNS. CLARKE (TOWNSHIP.) A certain line established, 660w CLERGYMEN, Exempt from Municipal Offices, 33. CLERK (MUNICIPAL.) See ADMINISTRATION OF JUSTICE, 4 OFFICEKS, 2 ELECTIONS MAYORS. CLERK OF THE PEACE. Appointment of, for Provisional Municipality, 21. His Fees, 294. CLERGY RESERVES. Proceeds divided into two Fund's, 55&. Of what to consist, 556. "Where moneys to be placed, 556. Certain stipends charged thereon, 557. Power to commute, 557. How commutation money to be invested, 558. Sufficient to meet stipends to be retained, 558. Division of balance among Municipalities, 558, 585. Provision if Municipality in debt to Government, 558. What deemed a Municipality, 559. Returns to be made by Municipality, 585 Penalty for neglect to make same, 585, Provision if too much money paid to any Municipality, 586w Power of Municipality to invest, 629. CLIFTON. Incorporated as a Town, 591. Boundaries thereof, 591. Governor may divide into Wards, 592. CLINTON. Incorporated as a Village, 651. Corporate powers, 651. COBOURG. Boundaries and Wards, 403. Certain By-lawa of, legalized, 664.. COLLECTORS. See OFFICERS, 4. COLLECTORS' ROLLS. See ASSESSMENTS, 7. COLLEGES. Masters of exempt from Municipal offices, 33. COLLINGWOOD. Limits diminished, 688. COMMENCEMENT OF MUNICIPAL ACT, 2. COMMISSIONERS. To inquire into Financial affairs, 122. 732 INDEX. COMMON SCHOOLS. Certain moneys appropriated for, 392. How to be invested, 392. How to be applied, 392. Certain land set apart for, 392. When annual grant to cease, 393. COMMUTATION OF STATUTE LABOR. See ASSESSMENTS, G. CONCESSION LINES. See SURVEYS, 2. CONSOLIDATED MUNICIPAL LOAN FUND. The Fund established, 460. How Municipalities to borrow, 4C1. Power to assist in certain undertakings, 401. By-laws under, requirements of, 461. Publication before passing, 461. General Meeting of Electors, 461 . Proceedings at such meeting, 462. Poll may de demanded,* 462. Adjournment of Poll, 462. Close of Poll, 4G2. By-law of a County, provision therefor, 463, Approval or disapproval, 463. Information to be furnished Governor, 464. Demand of further information, 464. Receiver General to issue debentures, 464. Form thereof and where payable, 464. How to be worded, 465. To conform with By-laws, 465. Rate of interest and terms of payment, 465. To be for even sums, 465. To contain provision for calling in, 465. To be numbered, 465. Exchanging debentures; 465. To be isseed as Government debentures, 466. Advances from Upper Canada Building Fund, 466 Accounts to be kept by Receiver General, 466. Payments to be made at eight per cent., 467. Coupons to be taken as money, 467. Sinking Fund constituted, 467. Share of each Municipality in same, 467. Payments to be made out of it, 467. Securities may be sold, 468. Duty of Municipal officers after By-law, 463. Provision if moneys invested 469. Provision if surplus or deficiency, 469. All profits to go to Fund, 469. Proceedings if default, 470, 617. Interest to be charged on default, 470. Moneys to be collected as usual, 470. Warrant to Sheriff, 470. Further debt not to be without sanction, 471. Operation of Act, 471. Interpretation of Act, 470. INDEX. 733 CONSOLIDATED MUNICIPAL LOAN FUND (continued.] Forms, 471. Copy of By-law to be sent to Receiver General, 482, When approved certain rate need not be levied, 483. Debentures, -where to be deposited, 483. Provisions as to By-laws passed by Unions of Counties, 483. When approved informalities immaterial, 483. How far act applicable to gas and water companies, 484. Or for the making of plank or macadamized Roads, 484. CONSTABLES. See ADMINISTRATION OF JUSTICE AND POLICED 11. Fees in Criminal cases, 298. CONTESTED ELECTIONS, Jurisdiction of Courts, 56. Who may preside, 56. Preliminary proceedings, 57. Form of statement of relator, 698. Form of Recognizance, 699. Form of Fiat authorizing Writ, 699. Issue of Writ, 58. Form thereof, 58, 700. When to unseat several persons, 58. When more than one Writ, 58. By whom to be issued, 59. How served, 59. Return thereof. 59. Form of minute of service to be endorsed, 701. Form of affidavit of service, 701. Form of appearance, 701. Returning Officer, how made a party, 59. Form of writ to make him a party, 702. Intervening parties may come in, 60 Power of Judge to try summarily, 60. And to remove or confirm, 60. When writ for new election to go, 61 . Defendant may disclaim, 61. Disclaimer, how effected, 61. Form of disclaimer, 62. How delivered, 62. Effect as to costs, 62. Either party before hearing may have copies of affidavits, 703. Proceedings at hearing, 703. Judge may require further affidavits. 703. Power to send issue to a jury, 703. Form of writ of trial in such case, 703. Form of indorsement of verdict, 704. Decision of Jndge final, 63. Form of judgment, 704. Costs in general, 62. Award of costs, 706. Table of costs to Attornies, Counsel, &c., 710, 711. Fi. fa. for costs, 708. Fi. fa. against relator for defendant's costs, 709. Form of mandamus to remove person where election invalid, 706. 734 INDEX. CONTESTED ELECTIONS (continued. ) Same for new election, 707. game when all former elections are judged invalid, and for adtnis sion of claimant, 707. Same when others required to be elected, 708. Punishment for contempt, 709. Power to vary from forms given, 709. Effect of irregularity in proceedings, 709. Power to make general rules, 63. CONTRACTORS. Disqalified to be members of councils, 32. Declaration against, 80. When contracts void, 1057. CORNWALL (TOWN). Boundaries, Wards, &c., 359. Together with Township an Electoral Division for Assembly, 490. Part of Eastern, for Council, 613. Survey in, 563. Appropriation of surplus of certain moneys, 690. CORNWALL (TOWNSHIP). By-law of, legalized, 609. Surveys in, 246, 270, 419. CORONERS. See ANATOMY FIRE INQUESTS. Appointment of, for Provisional Municipality, 21. Exempt from being Municipal Officers, 33. Appointment of, in Cities and Towns, 157. Fees in criminal cases, 298. CORPORATIONS. Powers in general, 3 ; note (W N^4S4S4SMv YC 39520 CALtFORNIA LIBRARY OF THE UNIVERSITY (5\N tf> CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORNIA LIBRARY F CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORNIA LIBRARY s /.