elected by the other four;

How filled;

In other cases.

Vacancy in the Member Election, and until another is chosen in his place, and that if the vacancy shall occur in the Office of the Member appointed by the four Members elected as aforesaid, or elected by the Town generally, such vacancy shall be filled by the appointment of the then Members of the said Corporation, or a majority of them, and in case they cannot agree, then in the same manner as provided for the Election of the fifth Member by the Electors of the Town generally; and in case any such vacancy shall happen among the Members elected at the first Election of Members of the said Corporation, by one of the Members neglecting or refusing to take the oath of Office as aforesaid, or in case it shall happen that the Member appointed by the Members elected respectively after the first Election, or the Members elected by the Town generally after the first Election, shall neglect or refuse to take the oath of Office as aforesaid, then the Precept shall issue to the Sheriff of the District as is hereinbefore provided.

Powers of the
Corporation;

To make By-laws;

Houses;

Wharves and Quays;
Hay and Wood;

Carts-Slaughter Houses;
Firing Guns;

XXI. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Corporation, from time to time, to establish such Ordinances, By-laws and Regulations as they may think reasonable in the said Town: to regulate and License Victualling Houses and OrdiTo regulate Victualling naries, where Fruit, Victuals, and Liquors not distilled shall be sold, to be eaten or drunk in such Houses or Groceries; to regulate Wharves and Quays; to regulate the Weighing of Hay and Measuring of Wood; to regulate Carts and Cartmen; to regulate Slaughter Houses; to prevent the Firing of any Guns, Muskets, Pistols, Squibs and Fire Balls, or injuring or destroying Trees planted or growing for shade or ornament in said Town; to prevent the pulling down or defacing of Sign Boards, or inscribing or drawing any indecent words or figures or pictures on any building, wall, fence or other public place; and generally to prevent vice and preserve good order in the said Town; to enter into and examine all Dwelling Houses, Warehouses, Shops, Yards and Out-houses, to ascertain whether any such places are in a dangerous state with respect. to Fires, and to direct them to be put in a safe and secure condition; to appoint Fire Wardens and Fire Engineers; to appoint and remove Firemen; to make such Rules and By-laws as may be thought expedient for the conduct of such Fire Companies as may be raised with the sanction of the said Corporation; to compel any person to aid in the extinguishment of any Fire; to require the Inhabitants to provide and keep Fire Buckets and Scuttles and Ladders to their Houses; to stop or authorise any other person to stop any one Riding or Driving immoderately in any Street, or Riding or Driving on any Side-walk, or to inflict Fines for any such offence; to regulate the Assize of Bread; to prevent and abate and

Generally to preserve good order;

Fire Companies;

Immoderate driving;

Assize of Bread;

Penalties how limited.

remove any Nuissance; to restrain and prevent any Horses, Cattle or Cattle:
Swine from running at large; to prevent and remove encroachments in
any Streets; and to make such Rules and Regulations for the improve-
ment of good Order and Government of the said Town as the said
Corporation may deem expedient, not repugnant to the Laws of this
Province, except in so far as the same may be virtually repealed by this
Act, and to enforce the due observance thereof, by inflicting penalties on
any person for the violation of any By-law or Ordinance of the said
Corporation, not exceeding One Pound Ten Shillings; and to fix upon
and to appoint such days and hours for the purpose of selling Butchers'
Meat, Butter, Eggs, Poultry, Fish and Vegetables, and to make such
other Orders and Regulations relative thereto as they shall deem expe-

dient.

Rules to be published

XXII. And be it further enacted by the authority aforesaid, That any Rule or Regulation of the said Corporation, for the infraction of which before taking effect; any penalty is inflicted, before it shall have any effect, shall be published in one or more of the Newspapers of the said Town of London; and that in like manner shall be published in each and every year before the Expenditures to be Annual Election, an Account of all moneys received and in the Treasury, and the amount expended, and for what purpose.

Account of Receipts and

published.

rules;

Imprisonment;

XXIII. And be it further enacted by the authority aforesaid, That if Penalty on infraction of any person shall transgress the Orders or Regulations made by the said Corporation under the authority of this Act, such person shall for every such offence forfeit the sum which in every such Order, Rule or Regulation shall be specified, with Costs, to be recovered by information before the How recoverable: said Corporation, to be levied of the Goods and Chattels of such offender, and in default of such Goods and Chattels, the offender shall be liable to be committed to the Common Gaol of the District for a time not exceeding one month, in the discretion of the said Corporation before whom such offender shall have been convicted; and that no person shall be deemed Competency of residents an incompetent Witness upon any information under this Act, by reason of his being an Inhabitant of the said Town of London: Provided always Limitation of time in that the information and complaint for a breach of any Orders or Regu- instituting prosecutions. lations of the said Corporation must be made within fifteen days of the time of the offence committed.

XXIV. And be it further enacted by the authority aforesaid, That all penalties recovered under the provisions of this Act, shall be paid into the Treasury of the said Corporation, and applied in the same manner

as Witnesses;

Penalties appropriated.

Corporation to exercise

the Peace.

as other moneys coming into the said Treasury may be applied for the public uses of the said Town.

XXV. And be it further enacted by the authority aforesaid, That the said functions of Justices of Corporation shall and may in the said Town of London, perform all the functions, and exercise the authority now by Law given to Justices of the Peace acting within their divisions, with respect to making or amending any Street or Highway or Road within the said Town.

Preambl

FORM OF OATH.

I, A. B., do swear that I will faithfully discharge the duties of a Member of the "Board of Police of the Town of London," to the best of my skill and knowledge: So help me God.

CHAP. XXXII.

AN ACT to Incorporate certain persons under the style and title of the
Oakville Hydraulic Company.

[Passed 10th February, 1840.]

WHEREAS William Chisholm, Edward B. Palmer, James Hopkirk, W. J. Sumner, James Reid, Andrew Wilson, Junior, John L. Diamond, Merrick Thomas, James Arnott and J. S. Bigger, of the Gore District, have by their Petition represented that the advantages to Trade, Commerce, and Private Enterprize in that section of the Province, would be greatly enhanced by the erection of a Dam across the Creek forming the Harbour at the Village of Oakville, in the Township of Trafalgar, in the District of Gore aforesaid, and that the said Dam can be constructed within the bounds of the said Village of Oakville, producing Water Power sufficient to propel all description of Machinery, and to which the Vessels entering the Harbour may ascend with safety: And whereas the said Petitioners have prayed that they, together with such others as shall become Stockholders in the said Company, may be Incorporated into a Company, for the purpose of constructing a Dam, and erecting Mills and other Machinery upon a suitable site upon the Sixteen Mile Creek, at or near the said Village of Oakville: And whereas it is expedient that the prosecution of the said Works should be encouraged, and the Prayer of the Petitioners granted: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative

Certain persons incor

name of,

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 the said William Chisholm, Edward B. Palmer, James Hopkirk, porated, under the W. J. Sumner, James Reid, Andrew Wilson, Junior, John L. Diamond, Merrick Thomas, James Arnott, and J. S. Bigger, and all such persons as shall hereafter become Stockholders in the said Company, shall be and are hereby ordained, constituted, appointed, and declared to be a Body Corporate and Politic in fact, and by the name of "The Oakville Hydraulic The Oakville Hydraulic Company;" and by that name they and their successors shall and may have continued succession, and by such name shall be capable of con- Corporate powers ; tracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto, in all Courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes; and that they and their successors may and shall have a common Seal, and may change and alter the same at their will and pleasure; and also that they and their successors by the same name of "The Oakville Hydraulic Company," shall be in Law capable of purchasing, having and holding to them and their successors, any Estate, real, personal or mixed, to and for the use of the said Company, and of letting, conveying, or otherwise departing therewith for the benefit and on account of the said Company, from time to time, as they shall deem necessary and expedient.

Company;

Common Seal.

Company may erect a

Sixteen Mile Creek, at

II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Company, at their own costs and charges, to Dam, Mills, &c. on the construct a Dam across and erect Mills and other Machinery upon the Oakville; Sixteen Mile Creek aforesaid, at Oakville; and also to erect and build all such necessary and needful Moles, Piers, Wharves, Breakwaters, or other Build Moles, Piers. &c. erections or constructions whatsoever as shall be useful and proper for the purposes aforesaid, and the protection of the said Dam, Mills and other Machinery, and for the convenience and accommodation of Vessels loading and unloading at the said Mills, and to alter, amend, repair and enlarge the same, as may from time to time be found necessary and expedient.

Directors may contract

III. And be it further enacted by the authority aforesaid, That the Directors of the said Company may be empowered to contract for, com- with owners of land or pound, compromise and agree with the owners or occupiers of any lands

private easements,

either for purchase or for damages sustained;

In case of disagreement

or private easements, rights or privileges, upon which they may determine to construct and erect the said Dam, Mills and other Machinery, with the necessary Moles, Piers, Wharves, Breakwaters or other erections, and with all necessary and convenient Roads, Streets and approaches thereto, to be made and constructed, either by purchase of so much of the said land or private easements and privileges as they shall require for the purposes of the said Company, or for the damages which he, she or they shall and may be entitled to receive of the said Company, in consequence of the said intended Dam, Mills, Machinery, Moles, Piers, Wharves, Breakwaters and other Erections, Roads, Streets and approaches thereto, being cut, made and constructed in and upon his, her or their respective reference to arbitration; Lands; and in case of any disagreement between the said Directors, and the owner or owners, occupier or occupiers aforesaid, it shall and may be lawful, from time to time, as often as the said Directors shall think fit, for each owner or occupier so disagreeing with the said Directors, either upon the value of the lands and tenements or private privileges proposed to be purchased, or upon the amount of Damages to be paid to them as aforesaid, to nominate and appoint one or more indifferent person or persons, and for the said Directors to nominate an equal number of indifferent persons, who, together with one other person to be elected by Ballot by the persons so named, shall be Arbitrators to award, determine, adjudge, and order the respective sums of money which the said Company shall pay to the respective persons entitled to receive the same; the award of the majority of whom shall be final, and the said Arbitrators shall, and they are hereby required to attend, at some convenient place in the vicinity of the said intended Works to be appointed by the said Directors, meeting of Arbitrators; after eight days' notice given them for that purpose by the said Directors, then and there to arbitrate, award, adjudge, and determine such matters and things as shall be submitted to their consideration by the parties interested; and that each Arbitrator shall be sworn before some one of Her Majesty's Justices of the Peace in and for the said District, any of whom may be requird to attend the said Meeting for that purpose, well and truly to Assess the Damages between the parties, according to the Award may be set aside best of his judgment: Provide always, that any award made under this Act shall be subject to be set aside on application to the Court of Queen's Bench, in the same manner and on the same grounds as in ordinary cases of submission by the parties, in which case a reference may be again made to Arbitration as herein before provided.

Award to be final;

Eight days notice of

Arbitrators to be sworn;

by Queen's Bench.

Capital Stock £20,000,

Each share £25;

IV. And be it further enacted by the authority aforesaid, That the capital stock of the said Company shall not exceed twenty thousand pounds, and that a share in the stock of the said Company shall be twenty-five pounds,