CHAP. XXXI. AN ACT to define the Limits of the Town of London, in the District of [Passed 10th February, 1840.] WHEREAS from the great increase of the population of the Town of Preamble. London, in the District of London, it is necessary to make further provision than by law exists for the internal regulation thereof: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That there shall be in the said Town of London Town of London, a Body a Board of Police, to be composed and constituted in manner hereinafter Corporate; described; which shall be and is hereby declared to be a Body Corporate Board of Police for the and Politic in fact and in law, by the name of the President and Board Name; of Police of London; and by that name they and their successors may have perpetual succession, and be capable of suing and being sued, Corporate powers. impleading and being impleaded in all Courts, and in all actions, causes, and complaints whatsoever; and may have a common Seal, and may alter the same at pleasure, and shall be in law capable of receiving Titles by Gift, and of purchasing, holding, and conveying any Estate, real or personal, for the uses of the said Town. II. And be it further enacted by the authority aforesaid, That the said Limits of the Town of Town of London shall be comprised within the following limits or boun- London. daries, 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 said new survey until it intersects the North Branch of the said River. III. And be it further enacted by the authority aforesaid, That the said Four Wards created: Town shall be divided into four Wards, by the names of Saint George's Limits thereof. Each Ward to elect one Qualification of Members. Qualification of voters. Tae four Members to elect a fifth; President First Election; Subsequent Elections. Ward, Saint Patrick's Ward, Saint Andrew's Ward, and Saint David's IV. And be it further enacted by the authority aforesaid, That each of the said Wards shall elect annually one person to be a Member of the said Corporation from among the Inhabitant Householders of the said Town, who being Subjects of Her Majesty shall be Freeholders therein to the assessed value of Forty Pounds for the previous year, and that no person shall be capable of holding the Office of Member of the said Corporation who shall not be a resident within the said Town for the time being. V. And be it further enacted by the authority aforesaid, That the persons entitled to vote at either of the Wards for the Election of such Members, shall be the Male Inhabitant Householders of the said Town, resident within their respective Wards, being Subjects of Her Majesty, possessed of Freehold Estate in the said Wards of the assessed value of Twenty Pounds; or Tenants, like Subjects of Her Majesty, being rated upon the Assessment Roll of the said Town, and who shall have paid within one year next before the Election one year's rent for their Dwelling House within the said Ward, at the rate of not less than Ten Pounds per annum. VI. And be it further enacted by the authority aforesaid, That the Members of the said Corporation so elected shall choose another of the like qualifications as themselves, and that the last chosen Member, together with those elected, shall proceed to elect one of their number to he President. VII. And be it further enacted by the authority aforesaid, That the first Election shall take place on the first Monday in March next, and shall be held by the Sheriff of the District of London, in Saint George's Ward, and by persons appointed by him under his hand and Seal, in Saint Patrick's, Saint Andrew's, and Saint David's Wards; and that all subsequent Elections of Members shall be held by the Officers to be appointed by the said Board of Police, on the first Monday in February in each year. VIII. And be it further enacted by the authority aforesaid, That any Contested Elections-how controverted Elections, either as to the qualification of the Members or to be tried; of that of the Voters, or on any other grounds whatsoever, shall be determined by the Members whose Election shall not be disputed; that the scrutiny shall take place within six days of the Election; and in case of the Election being declared void, that a new Election shall take place within eight days thereafter; such Election to be held by the proper Officer, after having given eight days' notice thereof by advertisement Eight days' notice. in the public Newspapers of the Town, or by affixing two or more notices thereof in some public place in each Ward. If Election declared void, new one to be held; Enacting Laws; IX. And be it further enacted by the authority aforesaid, That the said Power of the Board; Board, as soon as they shall have chosen a President, shall have the power of enacting such Laws and Regulations for the internal government of the said Town as to them shall seem meet; and shall have the power of Appointing Officers. appointing all such Officers as shall be required for the due execution of the Laws to be by them enacted, and requiring such security to be given by any of the said Officers as to the said Board may seem meet, and of removing the said Officers at pleasure. the Military Reservation. X. Provided always, and be it further enacted by the authority aforesaid, Laws so made not to affect That nothing in this Act contained shall extend, or be construed to extend, to authorise the said Board of Police to make any Laws, Rules or Regulations, which may in any manner relate to or interfere with the Military Reservation made by Her Majesty's Government within Saint George's Ward, in the said Town of London, for a Garrison and Barracks, and the accommodation of Her Majesty's Troops. order to raise funds for may levy an assessment certain purposes, Board annually.. XI. And be it further enacted by the authority aforesaid, That for the purpose of raising Funds to provide for the purchase of any real Estate Ta for the use of the said Town; to procure Fire Engines; for building a Market House; for lighting and repairing the Streets, and for all other purposes deemed expedient and necessary by the said Board for the welfare and improvement of the said Town, it shall and may be lawful for the said Board to levy an Assessment annually upon the persons rated, or liable to be rated upon any Assessment for property in said Town, any sum not exceeding Four-pence in the Pound; and it shall be the duty of the Officer to be appointed by the said Board, to make out an Assessment List for the said Town, and lay the same before the said. Board annually upon its organization after any general Election. Rates to be paid into the Treasury of the Corporation. Every Town Lot to be rated at £5; What to be deemed a Oath to be taken by person holding an Election. Officer presiding at an or voter. XII. And be it further enacted by the authority aforesaid, That such rates as shall be so imposed, shall be collected by the Officer to be appointed by such Board, according to such laws as shall be enacted for that purpose by the said Board, and be paid into the Treasury of the said Corporation. XIII. And be it further enacted by the authority aforesaid, That every Town Lot in London shall be rated at the sum of Five Pounds; and that every portion of a Lot on which a Dwelling has been erected shall be deemed a Lot; and that all Lots located by the Crown, and for which the Titles may not have been completed, be liable to be assessed. XIV. And be it further enacted by the authority aforesaid, That before any person shall proceed to hold an Election under this Act, he shall take the following oath, which any Justice of the Peace for the District of London shall have the authority to administer, that is to say:-"I do "solemnly swear that I will faithfully and impartially, to the best of my "ability, discharge the duty of Presiding Officer at the Election, which I am about to hold for a Member of the Board of Police, in the Town "of London: So help me God." XV. And be it further enacted by the authority aforesaid, That the Officer presiding at any Election under this Act, shall have authority, and he is on oath, every candidate hereby required at the request of any person qualified to vote at such Election, to examine on oath or affirmation (when the party is allowed to affirm) any Candidate for the Office of Member of the said Corporation, respecting his qualification to be elected to the said Office, and shall also have authority, and is hereby required upon such request as aforesaid, to examine on oath or affirmation (when the party is allowed to affirm) any person tendering his vote at any Election, respecting his right to vote, and that the oath to be administered for either of the said purposes, shall and may be in the form following:-"You shall true answer make to all "such questions as the Officer presiding at this Election shall put to you "respecting your qualification to be elected at this Election, (or respecting "your qualification to vote at this Election, as the case may be): So help "you God." And the affirmation to be taken shall be according to the common form of an affirmation to the same effect. Faise swearing to such oath declared to be perjury. 66 any XVI. And be it further enacted by the authority aforesaid, That if person being examined upon oath or affirmation under this Act, in regard to his qualification to vote, or to be elected, shall wilfully forswear himself, he shall be deemed guilty of wilful and corrupt perjury, and on conviction thereof shall suffer as in other cases of wilful and corrupt perjury. Oath to be taken before XVII. And be it further enacted by the authority aforesaid, That before the Sheriff, or any Member of the said Corporation, shall enter upon any trying contested Election. such Trial or Scrutiny as aforesaid, he shall take an oath in the following form, before some one of the Justices of the Peace for the District of London, that is to say:-"I do solemnly swear that I will truly and "impartially, to the best of my judgment, try and determine the merits "of the complaint against the Election of A. B.: So help me God." neglect to attend, XVIII. And be it further enacted by the authority aforesaid, That any Penalty on Witnesses Witness who, being duly summoned to attend upon such Trial or Scrutiny, duly summoned who shall wilfully neglect or refuse to attend, shall on conviction before any one of Her Majesty's Justices of the Peace for the District of London, having been duly summoned to answer such complaint, be liable to be imprisoned on the commitment of such Justice in the common Gaol of the District, for a time not exceeding one month; and if any Witness shall upon any Trial or Scrutiny, wilfully and corruptly swear falsely, he shall be deemed guilty of wilful and corrupt perjury. elected not taking the XIX. And be it further enacted by the authority aforesaid, That if either penalty on Member of the Members elected or appointed as aforesaid, after notice thereof, oath of office; shall neglect or refuse for ten days to take the oath of office hereinafter contained, which any one of the said Members so to be elected or appointed is hereby authorised to administer to the others, he shall for such neglect or refusal forfeit the sum of Ten Pounds, to be recovered with costs, by information by any Justice of the Peace, who is authorised to proceed in the same manner as hereinafter is provided for the recovery of any penalty for the transgression of any order or regulation of the said Corporation: Provided that no person having been elected a Member of the Exception in certain said Corporation during his absence from the said Town, or who at the time of the Election, shall openly give notice to the Officer presiding that he will not accept the Office, shall be subject to the penalty hereinbefore stated for his refusal to act as a Member of the said Corporation. cases. XX. And be it further enacted by the authority aforesaid, That in case In case of vacancy in the any vacancy shall at any time happen among the Members of the said Corporation of an elected Corporation, by neglect or refusal to take the oath of Office hereinafter contained, within the time hereinbefore limited, or by death, removal from the Town, or from any other cause, the Corporation shall issue a precept to the Bailiff of the Ward for which the Member whose Office shall have become vacant was chosen, to hold an Election for the said To hold a new Election; Ward, giving notice of the time and place of holding the said Election; and the Member so elected shall hold his Office until the next annual Precept to issue; |