election of such officers as may be unopposed, may, and shall be proceeded with at the same time and in the same manner as if such change had gone into effect on the last Monday of the month of December preceding such first election, or on such other day as the nominations may lawfully be held.

Oath of Voter at Municipal Elections.

50. In addition to the particulars as to which a person claim- Particulars ing to vote at municipal elections or upon by-laws submitted added to oaths for the assent of the electors may now be required to make oath or affirmation, such person may be required to make oath or affirmation that he has not received anything nor has anything been promised to him directly or indirectly either to induce him to vote at the election, or for loss of time, travelling expenses, hire of team, or any other service connected therewith, and that he has not directly or indirectly paid or promised anything to any person either to induce him to vote or to refrain from voting.

Time and place for holding Polls at voting on By-laws.

51. Sub-section one of section two hundred and thirty-one Sec. 231 subof the Act passed in the thirty-sixth year of Her Majesty's sec. 1. reign and chaptered forty-eight is hereby repealed, and the following inserted in lieu thereof:

(1.) The Council shall by the by-law fix the day and hour for taking the votes of the electors thereon, and at such places in the Municipality as the Council shall in their discretion deem best, and such day shall not be less than three, nor more than five weeks after the first publication of the proposed by-law.

First elections in Municipalities in unorganized Districts

repealed.

ply to first

52. The Act passed in the thirty-eighth year of Her Majesty's Voting by balreign, and chaptered twenty-eight, shall not apply to the first lot not to apelections in municipalities established under the Act passed in elections in the thirty-fifth year of Her Majesty's reign and chaptered thirty- unorganized seven, but at such elections the votes shall be taken and the elections held as in the next section of this Act provided.

districts.

53. Sections six and seven of the said Act, parsed in the 35 V. c. 37, 88 thirty-fifth year of Her Majesty's reign and chaptered thirty- 6 and 7, reseven, are hereby repealed, and the follo 7ing provisions substituted therefor :

pealed.

Council, of

(1.) The officers to be elected at the election mentioned in the fifth section of said Act, shall be one Reeve and four Coun- what officers cillors, who shall have the same qualification as voters, and composed. shall constitute the Council of the Township, the Reeve being

the head thereof.

Qualification of voters.

Nomination.

Election by acclamation.

Notice of

time and place

where re

quired.

Poll book and how filled up.

(2.) The persons qualified to vote at said election shall be male British subjects of the full age of twenty-one years being householders resident in the locality proposed to be organized into a municipality.

(3.) At the time and place appointed by the Stipendiary Magistrate under the fifth section of said Act, the nomination of candidates shall be made in the same manner as is provided in respect to the nomination of candidates at municipal elections. (4.) In case no more persons are nominated than are required to be elected, the Returning Officer shall declare such persons to be elected.

(5.) In case a poll is required the Returning Officer shall of holding poll adjourn the proceedings until the same day of the following week, and shall declare the place at which a poll will be opened in the locality, and shall forthwith post up in at least six of the most public and conspicuous places in the locality, a notice declaring that a poll will be held at such time and place. (6.) The Returning Officer shall, previous to the opening of the poll, procure a poll book, and he shall enter in such book, in separate columns, the names of the candidates proposed and seconded at the nomination, 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.

Casting vote.

Term of office

of first member of Council.

Oath of voters.

Townships

and Villages

(7.) In case a casting vote is required to determine an election, the Returning Officer, whether otherwise qualified or not, shall give a casting vote for one or more of such candidates, so as to decide the election, and except in such case the Returning Officer shall not vote at any such election.

(8.) The persons elected shall hold office until their successors are elected or appointed and sworn into office and hold their first meeting.

(9.) The following shall be the oath to be administered to voters at such election.

You swear (or solemnly affirm) that you are A. B.

That you are a subject of Her Majesty by birth (or naturalization).

That you are of the full age of twenty-one years; that you are a householder in the locality now proposed to be organized into a municipality.

That you have not received anything nor has anything been promised you directly or indirectly, either to induce you to vote at this election, or for loss of time, travelling expenses, hire of team, or any other service connected with the said election; So help you God.

Licensing Auctioneers, Hawkers, etc., in Districts.

54. Except in the cases of Townships and Villages attached in District to or belonging to a County for municipal purposes, the Councils have power to of Townships and incorporated Villages in Provisional Judicial,

license Auc

tioneers, &c.

Temporary

Temporary Judicial, and Territorial Districts shall hereafter have power to pass by-laws for the purposes mentioned in subsections two and three of the three hundred and eighty-third section of the Act respecting Municipal Institutions in the Province of Ontario.

ASSESSMENT OF PROPERTY.

state that

55. The forty-ninth section of the Assessment Act of 1869 Certificate of is hereby amended by inserting at the end of said section, and Assessor to as part of the form of certificate the words "and that the notice sent to amount for which each such person is assessed upon the said personassessed roll truly and correctly appears in the said notice delivered or rect amount. transmitted to him as aforesaid."

56. Section sixty-one of "The Assessment Act of 1869" is hereby repealed, and the following substituted :

:

shows the cor

binding, not

in notice sent

61. "The Roll as finally passed by the Court and certified Roll to be by the Clerk as passed, shall, except in so far as the same may withstanding be further amended on appeal to the Judge of the County Court errors in it or be valid, and bind all parties concerned, notwithstanding any to persons asdefect or error committed in or with regard to such roll or any sessed. defect, error or mis-statement in the notice required by section forty-eight of this Act or the omission to deliver or transmit such notice."

DRAINAGE WORKS.-APPEALS FROM ASSESSMENT.

of year

57. The complaints referred to in the four hundred and Reference of forty-seventh section of the Act passed in the thirty-sixth complaints against assessyear of Her Majesty's reign, and chaptered forty-eight, and the ment for eleventh section of the Act passed in the thirty-sixth drainage. Her Majesty's reign, and chaptered thirty-eight, shall be to the Court of Revision of the Municipality in which the lands or roads lie, and the appeal from the Court of Revision shall be to the Judge, or Junior or acting Judge, of the County Court of the County within which such Municipality is situate; and in case of any such complaint, the Clerk with whom the roll is deposited shall transmit to the Court of Revision a certified copy of so much of the said roll as relates to such Municipality; and in case, on any such complaint or appeal, the assessment is varied in respect of the property which is the subject of the complaint or appeal, the Court or Judge, as the case may be, shall vary pro rata the assessment of the said and of the other lards and roads benefited as aforesaid, without further notice to the persons interested therein, so that the aggregate amount assessed shall be the same as if there had been no appeal; and the Judge or in case there is no appeal to the Judge, the Court of Revision shall return the roll to the Municipal Clerk from whom it was received, and the Assessors shall prepare and attest a roll in accordance with their original assessment as altered by such revision.

LINE FENCES.

37 V. c. 25,
s. 11, amended

38 V. c. 26, amended.

Fence-viewers may order opening of ditch across another persons land.

38V. c. 26, s. 14, amended.

Optional with directors to pay claims

V. c. 44, ss.

58. Section eleven of the "Ontario Line Fences Act" is hereby amended by striking out the words "not less than," in the sixth line of said section, and substituting therefor the word "within."

DITCHING WATER COURSES.

59. The Act respecting Ditching Water-courses, passed in the thirty-eighth year of Her Majesty's reign, and chaptered twentysix, is hereby amended by inserting the following section between sections six and seven.

6a. If it appears to the fence viewers that the owner or occupier of any tract of land is not sufficiently interested in the opening up the ditch or water-course to make him liable to perform any part thereof, and at the same time that it is necessary for the other party that such ditch should be continued across such tract, they may award the same to be done at the expense of such other party; and after such award, the last mentioned party may open the ditch or water-course across the tract, at his own expense, without being a trespasser.

60. Section fourteen of the " Act respecting Ditching Watercourses," is hereby amended by striking out the words "not less than" in the sixth line of said section, and substituting therefor the word "within."

MUTUAL FIRE INSURANCE COMPANIES.

61. It shall be optional with the directors of a Mutual Fire Insurance Company, to pay or allow claims which are void unvoid under 36 der sections thirty-seven, thirty-eight, thirty-nine or forty of the Act to consolidate and amend the laws having reference to Mutual Fire Insurance Companies in the Province of Ontario, in case the said directors think fit to waive the objections mentioned in said sections.

37-40.

37 V. c. 35,
s. 7 repealed.

JOINT STOCK COMPANIES BY LETTERS PATENT.

62. The seventh section of The " Ontario Joint Stock ComName different panies' Letters Patent Act, 1874," is hereby repealed, and the from that pro- following substituted therefor: (7) The Letters Patent shall regiven without cite such of the material averments of the notice and petition further notice. so established, as the Lieutenant-Governor may find conveni

posed may be

ent to insert therein; and the Lieutenant-Governor may, if he thinks fit, give to the Company, a corporate name different from the name proposed by the applicants in the published notice; and the objects of the Company as stated in the Letters Patent may vary from the objects stated in the said notice, provided the objects of the Company as stated in the Letters Patent, shall be of a similar character to those contained in the notice published as aforesaid.

10 amended.

63. Section ten of The "Ontario Joint Stock Companies' 37 V c. 35, s. Letters Patent Act, 1874," is hereby amended by striking out the words "any real estate requisite for the carrying on of the undertaking of such Company," and substituting therefor" real estate subject to any restrictions or conditions in the Letters Patent set forth."

cases be ac

ters Patent.

64. Where a notice has been published according to the Notices for inrules of the Legislative Assembly for an Act incorporating any corporation of companies by Company, the incorporation whereof is sought for objects for the legislature which incorporation is authorized by the "Ontario Joint Stock may in certain Companies' Letters Patent Act, 1874," and a Bill has been intro- cepted as duced into the said Assembly in accordance with such notice, notices for Letand is subsequently thrown out or withdrawn, then in case a petition to the Lieutenant-Governor for the incorporation under such Act of such Company is filed with the Provincial Secretary within one month from the day of the termination of the Session of the Assembly for which the said notice was given, such notice may be accepted in lieu of the notice required by the fourth section of the said Act.

65. The Lieutenant-Governor may dispense with the pub- Lieutenantlication of the notice mentioned in section four of said Act in Governor may dispense with any case in which the capital of the proposed Company is notice when three thousand dollars or under, and in such case the petition to capital $3000 the Lieutenant-Governor shall state the particulars mentioned or under. in section four in addition to the particulars mentioned in section five.

CHANGE OF NAME OF COMPANIES.

Governor to

66. Where any incorporated Company within the legis- Applications lative authority of the Legislature of this Province, whether to Lieutenantincorporated under a special or general Act, is desirous of chang- change names ing its name, the Lieutenant-Governor upon being satisfied that of Companies. the Company is in a solvent condition, that the change desired is not for any improper purpose, and is not otherwise objectionable, and that the notice hereinafter provided for has been duly given, may, by Order in Council, change the name of the Company to some other name set forth in the said Order.

(2.) Any affidavit or affirmation proposed to be submitted for the purposes of this section may be sworn or made before any Commissioner for taking affidavits in any of the Superior Courts.

Affidavit.

(3) Such change shall be conclusively established by the Change to be insertion in the Ontario Gazette of a notice thereof by the Pro- published in vincial Secretary.

Gazette.

(4.) The Company shall give at least four weeks' pre- Notice of invious notice in the Ontario Gazette and in some other news- tention to apply. paper published in the locality in which the operations of the Company are carried on, of the intention to apply for the change of name, and shall state the name proposed to be

adopted;