warrants of commitment. XXXVII. And be it enacted, That the Sheriff and Gaoler of the District of New- Sheriff to obey castle shall be bound, and they are hereby authorized and required to receive and safely Warmtent. keep, until duly discharged, all persons committed to their charge by the said Corporation, or any member thereof, under the authority thereof. XXXVIII. And be it enacted, That notwithstanding the privileges that may be con- Act may be ferred by this Act, the Legislature may at any time hereafter in their discretion make amended. any such additions to this Act, or such alteration of any of its provisions, as they may think proper. MONTREAL-Printed by STEWART DERBISHIRE & GEORGE DESBARATS, An Act to amend the Act of Incorporation of the Town of Cornwall, and to establish a Town Council therein, in lieu of a Board of Police. W [9th June, 1846.] 25, cited. HEREAS an Act was passed by the Parliament of Upper Canada, in the fourth Preamble. year of the Reign of His late Majesty King William the Fourth, intituled, An Act of U. C. Act to establish a Police in the Town of Cornwall in the Eastern District; And whereas 4 Will. 4. c. it is found that the provisions of the said Act are insufficient, and it is expedient for the better protection and management of the local interests of the inhabitants that the said Act should be amended: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the twenty-eighth clause of the said recited Act establishing a Police in the Town of Cornwall, and such other parts of the said Act, and all other Act or Acts or Laws now in force, as are repugnant to or inconsistent with the provisions of this Act be, and the same are hereby repealed. The 28th clause of the inconsistent sident and Board of Po. and new pow ers granted. II. And be it enacted, That after the passing of this Act, the name and style of the President and Board of Police of Cornwall, shall be changed to that of The Mayor and Town Council of the Town of Cornwall, by which name it shall hereafter be known, and as such shall have perpetual succession and a common seal, with power to break, renew, change and alter the same at pleasure, and shall be capable of suing and being sued, and of impleading and being impleaded in all Courts of Law and Equity, and other places, in all manner of actions, causes and matters whatsoever, and of accepting, taking, purchasing and holding goods and chattels, lands and tenements, real and personal, moveable and immoveable estates, and of granting, selling and alienating, assigning, demising and conveying the same, and of entering into and becoming a party to contracts, and of granting and accepting any bills, bonds, judgments or other instruments or securities for the payment or securing of the payment of any money borrowed or lent, or for the performance or securing the performance of any other duty, matter or thing whatsoever: Provided always, that such change of the corporate name shall not Proviso: Such be construed to make the said Corporation a new Corporation, but merely to continue change of the former Corporation with another name and with new powers; and whenever in any make the CorAct name not to poration a new Act or provision of Law remaining in force, the name of The President and Board of Police of Cornwall occurs, the same shall be construed hereafter as if instead of the said name that of The Mayor and Town Council of the Town of Cornwall, had been inserted. one, &c. The Town to be divided into three Wards. East Ward. West Ward. Centre Ward. East and West Wards to elect each two III. And be it enacted, That the said Town shall be and the same is hereby divided into three Wards, to be called respectively the East Ward, the West Ward, and the Centre Ward. IV. And be it enacted, That the East Ward shall consist of all that part of the said Town which lies between Amelia street and the eastern limits of the said Town. V. And be it enacted, That the West Ward shall consist of all that part of the said Town which lies between Augustus street and the western boundary of the said Town. VI. And be it enacted, That the Centre Ward shall consist of all that remaining part of the said Town which lies between Amelia street and Augustus street, and not included in either of the before mentioned Wards. VII. And be it enacted, That the East and West Wards respectively, shall elect annually two persons, and the Centre Ward shall elect annually three persons to be memMembers, and bers of the said Town Council, from among the persons at present eligible for the office of member of the Board of Police, or persons who being subjects of Her Majesty have built a dwelling house on leasehold property and residing therein, which would bonâ fide rent for thirty pounds, currency, per annum. Centre Ward three, annu ally. Majority of Members to elect Mayor. Persons cntitled to vote. Legislative power vested in Mayor and Council. Legislative Majority to be a quorum for dispatch of business. Proviso. VIII. And be it enacted, That the members of the said Town Council so elected, or a majority of them, shall choose one of their number to be Mayor, who shall hold his office for one year, or until his successor be appointed, but may be capable of reelection. IX. And be it enacted, That the persons entitled to vote at any of the Wards for the election of such members, to serve in the said Town Council, shall be the persons now entitled to vote for members of the Board of Police, and also such non-resident freeholders in the said Town on whose land a dwelling house shall be erected as would at present be entitled to vote if they were resident householders therein. X. And be it enacted, That the Legislative power of the Town of Cornwall shall be and is hereby vested in the Mayor and Council, who together shall form the Town Council. XI. And be it enacted, That every legislative act of the said Town be expressed to be enacted by the Mayor and Town Council of Cornwall in Council assembled. XII. And be it enacted, That a majority of the said Town Council shall be a quorum for the despatch of business: Provided always, that a smaller number may adjourn from time to time, and are hereby authorized to compel the attendance of absent members in such manner, and under such penalties as may be provided by an Act of the said Town Council. Rates or as sessments may be recovered from owner or occupier of real property. Proceedings when any perrespect of vashall not reside cant ground within the son rated in XIII. And be it enacted, That any rate or assessment with which any real estate within the said Town may be legally rated or assessed, may be exacted and recovered either from the owner of the real property so rated or assessed or from any person occupying the same or any part thereof, either as a tenant or otherwise; and when any such rate or assessment shall be paid by any tenant, not bound to make such payment by the lease or other agreement under which he holds or occupies such real estate, such tenant shall have the right to deduct the sum so paid by him from the rent payable by him in respect of the enjoyment or occupation of the real estate so rated or assessed. XIV. And be it enacted, That in all cases where the person who shall be rated in respect of any vacant ground or other real property within the Town, shall not reside within the said Town, and the rates and assessments payable in respect of such vacant ground or property shall remain due and unpaid for the space of four years, and no sufficient distress shall be found therein, then and in such case it shall and may be lawful for the said Town Council to issue a Precept to the Sheriff of the Eastern District, commanding him to sell and dispose of such property by public sale, or so much thereof by him shall remain unpaid, as shall be necessary for the payment of the arrears of taxes, together with all costs &c. accruing by reason of such default, and the Sheriff is hereby authorized and required to dispose of such property as is herein directed: Provided always, that no property Proviso-No shall be sold without having been first advertised in a public newspaper, published in property to be the Eastern District for the three months next preceding such sale; and all owners of having been property sold under the authority of this clause in this Act, shall be allowed to resume possession of the same within the space of twelve months next after the date of such sale, on paying or tendering to the purchaser the full amount of the purchase money with legal interest thereon, together with the costs attendant upon the default and sale, with an addition of twenty-five per centum on the purchase money. XV. And be it enacted, That the Sheriff and Gaoler of the Eastern District shall be bound, and they are hereby authorized and required to receive and safely keep until duly discharged, all persons committed to their charge by the said Town Council or any member thereof, under the authority thereof. XVI. And be it enacted, That the said Town Council of Cornwall shall have full power and authority in addition to the powers heretofore vested in the Board of Police, and now transferred to them, and which may not be hereafter enumerated, from time to time to make, revise, alter and amend, administer and enforce such By-laws as they may deem proper and necessary for making, gravelling, flagging, paving, ditching, levelling, raising, repairing, mending, lighting, macadamizing and changing any of the streets, squares, alleys, lanes, walks, side-walks, cross-walks, roads, highways, bridges, wharves, docks, quays and sewers (such wharves, docks or quays being the exclusive property of the said Corporation) now laid out or erected within the limits of the said Town, and to impose a reasonable toll on vessels touching at such wharves, docks or quays; to regulate and license ale houses, victualling houses and ordinaries, where fruit, victuals and liquors, not distilled, are sold to be eaten and drunk in such houses, or on the street, or in groceries, and to limit the number of them, at such rates as they may think fit, the proceeds of such license to form part of the public funds of the said Town; to prevent the sale of any strong or intoxicating drink to any child, apprentice or servant, without the consent of his, her or their legal protector; to regulate the weighing of hay and measuring of wood; to regulate carts and carters, and to punish inhuman treatment Town, and as sessments due sold without three months before sale. advertised |