By-laws where no other is provided. offences against it enacted, That all persons committing any offence against any By-law lawfully made by any Municipal Corporation, under the authority of this Act or of any other Act of the Legislature of this Province passed or hereafter to be passed, and with regard to prosecutions for which no other provision is made, may be prosecuted in a summary way before any one or more Justices of the Peace having jurisdiction within the locality in which the offender shall be resident, or within that in which the offence was committed, and such Justice or Justices or other authority before whom any conviction for any such offence shall be had (and any such offender may be convicted on the oath or affirmation of any competent witness other than the prosecutor or informer) shall have full power and authority to award the penalty or the imprisonment, as the case may be, imposed by the By-law under which the conviction shall be had, with the costs of prosecution, against the offender, and to commit the offender to the Common Gaol if the offence be punishable by imprisonment, and to cause the penalty to be levied with costs if not forthwith paid by distress and sale of the goods and chattels of the offender, by Warrant under the hand and seal of such Justices or one of them, or of the Chairman or Presiding Officer of the Court before whom such conviction was had; and one moiety of any such pecuniary penalty shall go to the Treasurer or Chamberlain of the Corporation against the By-law whereof the offence shall have been committed, and shall form part of the funds at the disposal of such Corporation; Provided always, firstly, that any such prosecution may be brought in the name and on the behalf of such Corporation as aforesaid, and in that case the whole of such pecuniary penalty shall be paid to the Treasurer or Chamberlain of such Corporation and form part of such fund as aforesaid; And provided also, secondly, that any member of the Municipal Corporation under the By-law whereof any such prosecution as aforesaid shall be brought, being ex officio or otherwise a Justice of the Peace within such locality, may act as such with regard to such prosecution.] Application of penalty. Proviso. Proviso. Officers, &c., of Corporation competent witnesses and which the be a party. CLXXXVI. And be it enacted, That as well with regard to any such prosecution as to any suit, action or proceeding to which any Corjurors, in cases in poration created or to be created by or under this Act shall be a party, Corporation shall no member, officer or servant of such Corporation shall be deemed an incompetent witness, nor shall his testimony be objected to on the ground of his being interested in the matter, as such member, officer or servant of such Corporation, nor shall he be liable to challenge on such ground as a juror, if he have no more direct interest in the issue of such suit or prosecution, or be not otherwise rendered incompetent; any law, usage or custom to the contrary notwithstanding. 13 & 14 Vic., cap. 54, sec. I. Corporations not to stop up original allow. [CLXXXVII. And be it enacted, That it shall not be competent to the Municipality of any Township or to the Municipal Council of any County, to pass any By-law for stopping up any original allowance for ances for roads. Roads in any Township or County, (nor on the limits of any Village or Town, or City therein, or on the borders thereof: Provided always, 10 stop up origi for roads. nevertheless, Firstly, That it shall and may be lawful for the Munici- Corporation not pality of any Township, within which any Police Village or any other nal allowances Village or Hamlet consisting of not less than twenty dwelling houses, standing within an area of not more than two hundred acres, shall be situate, upon the petition of the Trustees of such Village in the case of a Police Village, and in other cases upon the petition of fifteen of the inhabitant Householders of such Village or Hamlet, accompanied by a certificate from the Registrar of the County within which such Township shall lie, that a plan of such Village or Hamlet had been duly deposited in his office according to the then existing requirements of the Registry Laws in force in Upper Canada in that behalf, by any By-law to be passed by such Municipality for that purpose, to stop up, sell and convey or otherwise deal with any original allowance for Road that may lie within the limits of such Village or Hamlet, as the same shall be laid down on such plan, in the same manner as the Municipality of any Incorporated Village is empowered to stop up, sell, convey, or otherwise deal with any such original allowance for road within the limits of such Incorporated Village, but subject always, nevertheless, to all and singular the directions, limitations and restrictions, and other the provisions in the one hundred and eighty-eighth section of this Act, contained respecting the same: Provided also, Secondly, That a Village or Hamlet situate partly within one Township and partly within another, whether such Township shall be within the same or different Counties, shall be a Village or Hamlet within the meaning of this section, and that in every such case the Municipality of each of such Townships shall have the powers hereby conferred as far as respects any original allowance for road, lying within that part of such Village or Hamlet, which according to such plan so deposited in the Registry Office or Registry Offices of such County or Counties shall be situate within the respective limits of such Townships.] 16 Vic., cap. 181, allowance. how the Road is alter [XXXII. And be it enacted, That the following section shall be substituted for the repealed one hundred and eighty-eighth section of sec. 32. the Act first above cited (12 Vic., cap. 81, as amended 14 and 15 Vic., Site of old Road sec. 36), and shall be read as part of the said Act: "And be it enacted, not being an oriThat on the alteration of any Road under the authority of this Act, ginal Road where the Road thus altered shall not have been an original allowance to be disposed of, for Road, or where the same shall be within any incorporated Village, when the place of Town or City or the liberties thereof, the site of such old Road shall ed by By-law. and may be sold and conveyed by the Municipal Corporation under whose authority the alteration was made, to the party or parties next adjoining to whose land or lands the same shall have run, or in case of his, her or their refusal to become the purchaser or purchasers thereof, at such price or prices respectively as such Municipal Corporation shall think reasonable, then to any other person or persons whomsoever; Provided always, nevertheless, that it shall not be lawful for any such Municipal Corporation to sell and convey any such old Road or any parties to have part thereof to any other than the person or persons first mentioned at any given price, until such first mentioned person or persons shall have refused to become the purchaser or purchasers thereof at such price; and in case the person or persons now in possession of any concession Per-ons giving Road or side line may have laid out streets in any City, Town or land for road. P Proviso: certain the preference to purchase it, &c. Village without any compensation therefor, he or they shall be entitled to retain the land within such City, Town or Village, originally set apart for such concession Road or side line, in lieu of the street set apart by him in place of the said concession Road or side line; and the Municipal Corporation of such City, Town or Village may convey Conveyance as to such land so retained in fee to the person or persons so entitled to retain possession, or to his or their heirs and assigns for ever.] purchase. Roads not to ex b less than forty Proviso as to CLXXXIX. And be it enacted, That no Road to be hereafter laid ceed niety nor out, under the authority of this Act shall be more than ninety feet nor feet in breadth. less than forty feet in width; provided always, that nothing in this section shall extend or be construed to extend to affect any Road now Roads o es established under the provisions of any Act heretofore in force in Upper Canada, nor when any Road shall be altered under the authority of this Act to prevent such altered Road from being laid out, of the same width as the old one. tablished. Powers, &c., of CXC. And be it enacted, That all powers, duties or liabilities vested Quarter Sessions in or belonging to the Magistrates in Quarter Sessions, with respect to with respect to vested in Municipal Corpora tions. As to rules and regulations Highways, &c., any particular Highway, Road or Bridge in Upper Canada at the time this Act shall come into force, shall from thenceforth become and be vested in and belong to the Municipal Corporation of the County in which such Highway, Road or Bridge shall lie, or in case of such Highway, Road or Bridge lying within two or more Counties, shall be vested in and belong to the Municipal Corporations of both such Counties, subject always to the provisions of this Act as to the mode and manner of exercising, performing and meeting such powers, duties and liabilities, and all rules and regulations made and directions given by such Municipal Corporation or Corporations in the premises shall have the like force and effect to all intents and purposes whatsoever, as those which such Magistrates had previously the power of making or giving respecting the same, and neglect of or disobedience to any such rules, regulations or directions so to be made or given by such Municipal Corporation or Corporations, shall subject the defaulter or defaulters in the premises to the like penalties, forfeitures and other consequences both civil and criminal as such neglect of or disobedience to similar rules, regulations or directions of such Magistrates would have subjected them to, previous to this Act coming into force, made by them. 11 & 15 Vic., [CXCI. And be it enacted, That it shall and may be lawful for any cap 109, sec. 38. of the Municipal Corporations, created or to be created under the Corporation may authority of this Act, to authorize by By-law any person or persons autho ize persons who may be willing to contract with them, for that purpose, to plank, Roads, or build gravel or macadamize any road or to build any bridge, which, under Erilges within the provisions of this Act, any such Municipal Corporation would theirjurisdiction. themselves have a legal right to plank, gravel, macadamize or build, to plank, &c, Proviso: Tolls to ed. to be granted for and to grant to such person or persons in consideration or part consideration of the execution of such work, the tolls to be levied on the same after it shall have been completed; Provided always, firstly, that the rate of tolls to be taken upon such work, shall in all cases be fixed by be fixed by CorBy-law of such Municipal Corporation, and not be in the discretion of poration. such person or persons so contracting as aforesaid; And provided also, Proviso: tolls not secondly, that no such tolls shall be leviable until such Municipal leviable until the Council shall by a subsequent By-law have declared that the work work is completcontracted for has been completed, and that the tolls may be collected thereon accordingly; And provided also, thirdly, that the grant of such Proviso: tolls not tolls shall in no case be for a longer period than [twenty-one years] more than [twenfrom the time of the passing of such last mentioned By-law by which ty-one years.] the levying of such tolls shall become lawful; And provided also, Proviso: persons fourthly, that it shall be the duty of such person or persons during the receiving tolls, to period that his or their right to levy tolls under such By-law shall keep roads, &c, continue, to keep or maintain such road or bridge in good and proper repair; And provided also, fifthly, that none of the powers and privi- Proviso as to leges conferred by an Act in this present Session of Parliament, ed under the geintituled, An Act to authorize the formation of Joint Stock Com-neral Act of this panies for the construction of Roads and other Works in Upper Canada, shall extend to confer upon any Company formed or pretended to be formed under the authority of that Act, any power or interference with any authority conferred by any such By-law upon any person or persons under the authority of this section.] in repair. companies form Eession. mouth's notice, interfere with ed in Her Majesty [CXCII. And be it enacted, That it shall not be lawful for any of 13 & 14 Vic.. such Municipal Corporations to make any By-law [for the opening, cap. 64, sec. 1. stopping up, altering,] widening or diverting any public highway, road, Corporation not street or lane until they shall have caused at least one calendar month's to stop up Roads, notice to have been given by written or printed notices put up in the &c., without one six most public places in the immediate neighbourhood of such high- &c. way, road, street or lane, nor until they shall have heard in person or by counsel or attorney, any person through whose land such highway, road, street or lane, or proposed highway, road, street or lane shall run, and who may claim to be so heard before them: Provided always, Proviso: Corponevertheless, that nothing either in this section or in any other of the rations not to provisions of this Act shall extend or be construed to extend to give Rods, &c., vestany power or authority whatsoever to any of the Municipal Corporations or any public erected or to be erected under the authority of the same, to interfere in department. any way with any of the public roads or bridges in Upper Canada, which by Act of Parliament or otherwise, now are or hereafter may be vested in Her Majesty, or in any public department or board of Her Majesty's Provincial Government as a Provincial public work; with respect to all and every which Provincial public works whether roads or bridges, all and singular the powers by this Act conferred upon or vested in such Municipal Corporations, with respect to other roads and Powers of Govbridges within the limits of their respective jurisdictions, shall be and as to such Roads. the same are hereby vested in and shall and may from time to time and at all times hereafter be exercised by the Governor of this Province in Council with respect to such Provincial public roads and bridges and every of them, by such orders in Council as shall or may from time to time be made for that purpose.] ernor in Council Corporations not Ordnance, &c., CXCIII. And be it enacted, That nothing in this Act contained shall extend or be construed to extend to give any power or authority laid out by the whatsoever to any of the Municipal Corporations erected or to be erected except by consent under the authority of the same, to pass any By-law for the direction or alignment, stopping up or altering of any of the streets, lanes or thoroughfares which have been or hereafter shall or may be made or laid out by the Department of Her Majesty's Ordnance, or to the interfering in any manner with any bridges, wharves, docks, quays or other works constructed by or under the direction of Her Majesty's Ordnance, or on the land held by Her Majesty and reserved for military purposes, until the consent in writing of the Head Quarter Board of Officers of Her Majesty's Ordnance acting in Canada, shall be first had and obtained authorizing such intended By-law to extend to Ordnance Property. Corporations not to run Roads through Ord nance property the defences of except by consent. CXCIV. And be it enacted, That nothing in this Act contained shall extend or be construed to extend to give any power or authority or interfere with whatsoever to any of the Municipal Corporations erected or to be the Province,&c., erected under the authority of the same, to pass any By-law to open any street, road or lane through any lands held by her Majesty or on Her behalf in respect of the Ordnance, or to interfere with, prejudice or weaken the right of Her Majesty in respect of such Ordnance property, or to interfere with the integrity of the public defences as connected with such property, unless the consent of the Head Quarter Board of Officers of Her Majesty's Ordnance acting in Canada shall be first had and obtained, such consent and all other consents required by this Act in regard to Ordnance property to be given in writing under the hands of the Head Quarter Board of Officers of Her Majesty's Ordnance acting in Canada, and that they are such Head Quarter Board of Officers shall be certified under the hand of the Commander of the Forces in Canada for the time being, and every such consent and certificate shall be recited in such By-law. 16 Vic., cap. 181, sec. 33. As to compensa [XXXIII. And be it enacted, That the following clause shall be substituted for the repealed one hundred and ninety-fifth section of the Act first above cited, (12 Vic., cap. 81 as amended, 14 and 15 Vic., tion to parties cap. 10, sec. 36), and shall be read as part of the said Act: "And be any new tho- it enacted, That upon the passing of any By-law by any Municipal roughfare to be Corporation erected, or to be erected under the authority of this Act, through or to for the purpose of authorising the opening of any road, street or other affect injuriously public thoroughfare, or of changing, widening or diverting any road, whose property, opened is to pass street or public thoroughfare, so as to cause the same or any part thereof to go through or be placed upon or injuriously to affect the land or other real property of any person or persons, it shall and may be lawful for the person or persons who shall own such property, to |