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Granting of

money for im

&c.

Sixteenthly. For granting money to the Municipal Council of the proving roads, County in which such Township shall be situate, or to that of any adjoining County, to aid the making, opening, building, maintaining, widening or improving any highway, road, street, bridge or communication lying between such Township and any other Township in the same or any adjoining County, or in the making, opening, building, maintaining, widening or improving any highway, road, street, bridge or communication within such Township, assumed by the Municipal Council of the County as a county work, or agreed to be assumed by such Municipal Council on the condition of such grant.

13 & 14 Vic., cap.
61. sec. 1.
Jom Stock Road

[SEC. XXXI. Seventeenthly. For regulating the manner of granting to associated Joint Stock Road or Bridge Companies, [to which Companies, &c. opposition has been made in accordance with the provisions of the Act passed in the present Session of Parliament, intituled, "An Act to authorize the formation of Joint Stock Companies, for the construction of Roads and other works in Upper Canada," permission to proceed] with any Roads or Bridges within the jurisdiction of such Municipality, and the manner of afterwards ascertaining and declaring according to law the completion of the works undertaken by such Companies respectively, so as to entitle such Incorporated Companies to levy tolls upon such works, and of all examinations, enquiries and investigations necessary for the proper, efficient and judicious exercise of such power.]

Taking Stock in
Road or Bridge
Companies.

Eighteenthly. For taking stock in or lending money to any Incorporated Road or Bridge Company to which such Municipality shall have granted a license to proceed with such work, in accordance with the requirements of the Statute in that behalf,or in or to any other such incorporated Road or Bridge Company, in whose Road or Bridge the inhabitants within the jurisdiction of such Municipality shall, in the opinion of such Municipality, be sufficiently interested to warrant them in taking such stock or lending such money for the advancement of such enterprize. As to dividends, All dividends, interest and proceeds to arise or be received from such Interest, &c. stock or loan being at all times applicable to the general purposes of such Municipality, and to go in reduction of the rates required to be levied for such purposes.

Running at large of animals.

Tax on Dogs.

Nineteenthly. For restraining and regulating the running at large of horses, cattle, sheep, goats, swine, and other animals, geese, turkeys and other poultry, and to impound or provide for the impounding of the same, and for fixing the periods of the year during which such animals or poultry shall be permitted to run at large, and those during which they shall be restrained from doing so.

Twentiethly. For imposing a tax on the owners, possessors or harbourers of dogs; for regulating the manner in which such dogs may be allowed to run at large, or for preventing such dogs from being allowed

to run at large at improper times, and for killing and destroying such Destroying Dogs. as are found running at large contrary to such By-law.

Twenty-firstly. For the destroying and suppressing the growth of Destruction of weeds detrimental to good husbandry.

weeds.

puppet shows,

ing contrary to

Twenty-secondly. For preventing, restraining or regulating exhibitions Exhibitions, of wax figures, wild animals, puppet shows, wire-dancing, circus-riding, wild animals, &c. and other idle acts or feats which common showmen, circus-riders, mountebanks or jugglers usually exhibit, practice or perform, and requiring the payment of a sum not exceeding five pounds to the Township Treasurer before any and every such exhibition shall be allowed to be held or to take place; for imposing a fine upon the Fines for exhibitproprietors or persons in charge of such exhibition, in case they shall such By-laws. exhibit without such payment, and for the levying thereof by summary distress, to be levied upon the goods and chattels of such showmen, or belonging to such exhibition, whether the owners shall be known or not, or for the imprisonment of the parties offending, for any time not exceeding one calendar month, and for the appropriation of such sums as may be received or recovered under any regulation or By-law to be passed for that purpose.

by owners of

Twenty-thirdly. For appraising the damages to be paid by the Damages payable owners of horses, cattle and other animals trespassing, contrary to the animals trespasBy-laws or regulations of such Township.

sing.

impounded,

Twenty-fourthly. For causing such horses, cattle or other animals as Sale of animals shall be impounded, to be sold, in case the same are not claimed within a reasonable time, or in case the damages, fines and expenses shall not be paid according to such By-laws or regulations.

Twenty-fifthly. For settling the height and description of lawful Height and de

fences.

scription of fences.

Twenty-sixthly. For procuring, in case the same hath not been Establishment of boundary lines. already done, the ascertaining and establishment by public authority according to law, of the boundary lines of such Township, and providing for the periodical inspection and preservation of the durable monuments by law required to be erected for evidencing the same, and for procuring the necessary estimates, and making the necessary application for the same according to law.

Statute labour.

Twenty-seventhly. For empowering the landholders in such Compounding for Township, to compound for the Statute labour by them respectively performable, for any term not exceeding five years, at any rate not exceeding two shillings and six pence for each day's labour, and at any time before the labour compounded for ought to be performed, and by

any such regulations to direct to what officer in each Township such Applying compo- composition money shall be paid, and how such money shall be applied and accounted for, and to regulate the manner and the divisions in which the Statute labour shall be performed.

sition money.

14 and 15 Vic.,

cap. 109, sec. 31.
Enforcing Sta-

tute labour.

14 & 15 Vic, cap.
109, sec. 31.

[SEC. XXXI. Twenty-eighthly. For enforcing the performance of Statute or Road Labour, or payment of a commutation [in money therefor. Provided always, nevertheless, that the power by this and the next preceding sub-section conferred, shall not extend, or be construed to extend, to the statute labour or the commutation money, payable instead thereof, of any person residing upon or whose lands are bounded by any Township line or road between two or more Townships in the same County, or between such County and any adjoining Counties or County, or between one or more Townships, and any City, Town or incorporated Village lying on the bounds or within the boundaries of such County.]

[SEC. XXXI. Twenty-Ninthly. For the imposing and collecting, by distress and sale of the goods and chattels of the offender or offenders, reasonable penalties and fines not exceeding in any case five pounds, currency, and reasonable punishment by imprisonment either in any Lock-up House in any Town or Village situate within the Township Fines and Pen- or in the County Gaol or House of Correction for any period [not exceeding twenty days, and either with or without hard labour, in case of non-payment of any such fine, and there being no distress found out of which the same may be levied for the breach,] of all or any of the By-laws or regulations of such Municipality.]

alties.

Borrowing
moneys.

Raising and

Thirtiethly. For borrowing under the restriction, and upon the security hereinafter mentioned, all such sums of money as shall or may be necessary for the executing of any Township public work within their jurisdiction, and the scope of the authority by this Act conferred upon them.

levying moneys. such

Local regulations
not contrary to
law.

Repeal, &c., of
By-laws.

Thirty-firstly. For raising, levying, collecting and appropriating moneys as may be required for all or any of the purposes aforesaid, either by way of tolls to be paid on any Township bridge, road, or other township work, to defray the expense of making, repairing, or maintaining the same, or by means of a rate or rates to be assessed equally on the whole rateable property of such Township, liable to assessment according to any law which shall be in force in Upper Canada, concerning rates and assessments.

Thirty-secondly. For making such other local regulations not contrary to any law of this Province, or to any By-law of the Municipal Council of the County within which such Township shall lie, and which shall by law extend to and be in force within such Township as the good of the inhabitants of such Township may in their opinion require.

Thirty-thirdly. For the repeal, alteration, or amendment, from time

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to, time, of all or any of such By-laws, and the making others in lieu thereof, as to them may seem expedient for the good of the inhabitants of such Township.

181, Sec. 9.

[IX. And be it enacted, That in addition to the powers now 16th Vic., Cap. possessed by the Municipalities of the several Townships in Upper Additional powCanada, they shall have the power and authority from time to time to ers to Municipalimake a By-law or By-laws for each, all and every of the following

purposes, that is to say:

ties.

the Township for

notice required.

Firstly. For levying by assessment on all of the rateable property Taxing particuwithin a particular part or portion of the Township, to be described by lar portions of Metes and bounds in such By-Law, in addition to all other taxes rated special purposes; on such property, such sum of money as may be sufficient to defray the expense of constructing, improving, or repairing any Road, Bridge, or other Public improvement within the portion of the Township, the limits of which are to be described as aforesaid; but no such By-Law Preliminary apshall be passed unless upon an application in writing, under the hands plication and of at least two-thirds of the resident Freeholders and Householders rated on the Assessment-Roll of such Township, representing in value at least one-half of the rateable property within the limits to be affected by such By-Law; and that a printed notice of such application, with the names of the signers thereto, describing the limits within which the By-Law is to be in force, shall be given for at least one month, by. putting up the same in four different places within such limits, and at the place for holding the sittings of the Township Council for such Township, whether it be within such limits or not, and also by inserting the same weekly, for at least four weeks, in some newspaper published within the County.

plication and

Secondly. For levying, collecting and appropriating a rate, to be Levying Poor assessed equally on the whole rateable property of such Township, for Rates. raising such moneys as may be considered necessary for the support of any indigent, infirm, or helpless persons resident in such Township. But no By-Law for such purpose shall be made or passed, unless upon a written request to that effect, signed by a majority of the Preliminary apFreeholders and Householders on the Assessment-Roll of the Township notice required. for the year in which such request shall be made, nor unless for at least one month previous to the passing of such By-Law, printed copies of such request, with the names of the signers thereto, shall have been put up in at least four public places within such Township, and at the usual place for holding the meeting of the Township Municipality, and also by inserting the same weekly, for at least four weeks, in some newspaper published within the County.

Thirdly. For preventing the excessive beating, or cruel and inhuman Preventing crutreatment of animals on the public highways of such Township.

elty to animals on highways.

Fourthly. For settling and paying a rate at which the Township Remuneration of Councillors forming such Municipal Council shall be remunerated for Councillors. their attendance at such Council: Provided always, nevertheless, that Proviso: By-law no By-Law to be passed for that purpose after the year of our Lord, not to take effect 1854, shall be valid, unless the same shall, by the terms of it, be limited tain time.

D

until after a cer

Granting requi.

site powers to

Companies.

to take effect at the end of two whole years, at least from the passing thereof, and not before.

Fifthly. For granting authority to any Company, now or hereafter Gas and Water to be incorporated, for supplying any City or Town with Water or Gas, to lay down pipes or conduits for the conveyance of such Water or Gas, under any of the highways of the Municipality, subject to such restrictions, limitations, and regulations, as to such Municipal Council may seem meet.

Granting authority to Railway Companies to

Sixthly. For granting authority to any Railway Company to make any branch Railway within the Municipality, which such Company make Branches. may by law be authorized to make with the consent of the Municipality, and for authorising such branch to be constructed upon any property of the Municipality, or upon any public highway within the same, under such conditions and limitations as to the Council of such Municipality may seem meet.

13th & 14th Vic., Cap. 109, Sec. 35. Responsibility of

Municipality if any of its By

laws, &c., be quashed.

[XXXV. And be it enacted, That whenever any By-law, Order and Resolution shall be or has been passed or adopted by any Municipality whatever, and such By-law, Order or Resolution has been or shall be quashed, or declared illegal or void by any Court having competent jurisdiction therein, the Municipality by which such By-law, Order or Resolution has been or shall be passed, shall alone be responsible in damages for any act or acts done or committed under such By-law, Order or Resolution, and any Clerk, Constable or other Officer acting thereunder, shall be freed and discharged from any action or cause of action which shall accrue or may have accrued to any person or persons by reason of such By-law being illegal and void, or having been quashed, and such Municipality shall pay all costs and expenses attending the quashing of any such By-law; and the Superior Courts in of Common Law shall also have full power and authority to grant or refuse costs in their discretion in any case in which application shall be or may have been made for any Writ of Mandamus for or against any Municipal Corporation, which costs, when granted to either party, shall be taxed and allowed in the same manner as between party and party.]

Court may grant or refuse costs

a certain case;

the same to be

taxed.

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XXXII.

II. COUNTIES.

And be it enacted, That the inhabitants of each and every County in Upper Canada, shall be a Body Corporate, and shall have perpetual succession and a Common Seal, with power to break, renew or alter the same at pleasure, and shall be capable of suing and being sued, of pleading and being impleaded, in all courts and places whatsoever, of purchasing, acquiring and holding lands and tenements and other real and personal property within such county, for the. use of the inhabitants thereof in their corporate capacity,-and of making and entering into such contracts as may be necessary for the exercise of their corporate functions, and that the powers of the Cor

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