at any Election in Upper Canada, or in the City of Quebec or in the City of Montreal by persons claiming to vote in respect of property lying within either of the said Cities as bounded for Municipal purposes, or by any Voter claiming the right of voting at any Election in any other part of Lower Canada as being entered on any List of Voters as aforesaid, or that the property on which any such Voter claims the right of voting should be of the required value over and above all rents and charges payable out of or affecting the same, or should have been held by such Voters during any certain time previous to the Election, or that any rent should have been paid by such Voter, or that he should have resided in any place during a certain time previous to the Election, or that he be resident in any place at the time of the Election, shall be repealed, together with so much of any other part of the said Act as would qualify as a Voter any person hereby disqualified, or disqualify any person hereby qualified, or as may be in any way inconsisAnd so of Sche tent with this Act, and so much of the Schedule to the said Act as contains or prescribes the forms of oaths to be taken by Voters at any election in Upper Canada, or by persons claiming to vote in respect of property lying within the Cities of Quebec or Montreal bounded as aforesaid; or by any person claiming to vote as being entered on any being on Lists, to List of Voters as aforesaid: but Voters claiming to vote in respect of property lying in any other place in Lower Canada and not claiming the right of voting as being entered on any List of Voters as aforesaid, shall require to be qualified in the manner provided by the said Act, and may be required to take any of the oaths of qualification therein prescribed.

ules to the said

Act.

Voters in L. C. not voting as

take the oaths

heretofore used.

Interpretation,

Commencement of Act.

XI. And be it enacted, That all sums of money mentioned in this Act shall be understood to be current money of this Province; and any Assessment Roll or List of Voters shall be understood to be finally revised and corrected, when it shall have been so revised and corrected by the Judge of County Court or Circuit 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; and the Treasurer of a County when mentioned in this Act with reference to Upper Canada shall be held to include the Chamberlain of a City.

XII. And be it enacted, That this Act shall come into force and effect upon, from and after the first day of January, one thousand eight hundred and fifty-four, as regards the duties imposed by it on Assessors and other Municipal Officers, and the making, revising and correcting of the Lists of Voters, and all things thereunto relating; but its provisions as to the use and effect of the Lists of Voters, shall not apply to any Election for which the first polling-day shall be before the First day of January, one thousand eight hundred and fifty-five.

ACT 16 VIC, CAP. 22.

An Act to establish a Consolidated Municipal Loan Fund for Upper
Canada.

Whereas it would greatly facilitate the borrowing, upon advantage- Preamble. ous terms, of such sums as may be required by any 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, Township 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 indvidual Municipality: 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 there shall be a Consolidated Consolidated Municipal Loan Fund of Upper Canada, to consist of all Fund Established monies which under this Act or any other Act 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 Loan

Municipalities

money on the

Fund for certain

II. And be it enacted, That it shall be lawful for the Corporation of any County, City, Incorporated Town, Township or Village, by By-law may borrow to authorize any sum of money to be raised on the credit of the said credit of such Consolidated Municipal Loan Fund, and to appropriate such sum or so purposes. much thereof as may be found requisite, to defray the expense of building or improving 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 Rail-road, 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 provisions as may be requisite for ensuring the due application of such

How a Munici

pality may assist

ing.

money, and the attainment of the objects contemplated by such By-law; and that it shall be lawful for the Corporation of any City or County by By-law to authorize any sum of money to be raised on the credit of the Consolidated Municipal Loan Fund, and to appropriate such sum or so much thereof as may be found necessary, to defray the costs of making 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.

1. By any such By-law it may be provided that the asssistance of the in any undertak- Municipality shall be granted towards making, constructing, or completing any such Rail-road, Bridge, Macadamized, 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 incorporated for making, constructing or completing the same, or by loaning money to such Company, or to any Board of Commissioners 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.

What provisions the By-law must contain.

Further provisions required in By-law.

To be published before passing.

2. The By-law shall recite that the loan is to be raised under the provisions of this Act, and shall express the term for which the loan is required, which shall not in any case exceed thirty years, nor be less than five years.

3. If the By-law be passed by a County Council, the principal and interest of the loan shall be payable by all the Townships, Towns and Villages in the County, and the County 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 be published for the information of the Rate-payers, for at least one month before the final passing thereof, in some newspaper published weekly or oftener, within the territorial jurisdiction 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 Municipal Electors of the General meetings Municipality, (or of the several Municipalities within the County,) will of electors. be held for the purpose of considering such By-law, and approving or disapproving the same.

such meeting.

5. On the day and at the hour and place (or places) appointed by Proceedings at 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 Rolls 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 thereat, 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 communicated to the Council of the Municipality which originated the By-law, by a certificate under the hand of the Secretary of the Meeting.

demanded.

6. Any six duly qualified Municipal Electors present at any such A Poll may be Meeting may appeal from the decision of the person presiding, 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.

7. The person presiding may, if necessary, adjourn the Poll at sunset on the day of meeting, until ten o'clock in the forenoon 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.

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-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 records 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 Council, the meeting to consider the same, or the poll of the 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 a 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 Reeve 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 Electors (or of the Municipalities) as aforesaid, the Council 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 be subject to the special provisions made by the Upper Canada Municipal Corporation's Act of one thousand eight hundred and forty-nine, or by any Act amending the same, concerning By-laws creating debts, or