upon

Provision in case

Trustees.

XLVII. And be it enacted, That the happening of any vacancy of vacancy by death or otherwise, amongst the Police Trustees of any such unin- among the Police corporated Village in the course of the year for which they shall have been elected, it shall and may be lawful for the remaining Trustee or Trustees by a memorandum in writing, to be filed with such Township Clerk as aforesaid, to supply such vacancy by the appointment of Trustees or a Trustee in their or his place, which Trustees or Trustee so appointed, shall hold his office to the end of the term of office of the person in whose place he shall have been appointed, and no longer, and shall, during the time he shall hold the same, possess all the authority

of such person.

Trustees for ne

XLVIII. And be it enacted, That any Inspecting or other Trustee Penalty against of any of the said unincorporated Villages, who shall wilfully neglect or glect of duty. omit to fulfil any of the duties hereby imposed upon him, or to prosecute any offender against the Regulations of Police hereinafter established, for such unincorporated Villages, at the request of any inhabitant householder, offering to adduce proof of the offence, shall, on being thereof convicted in manner hereinafter provided, incur a penalty

of twenty shillings, currency.

sued for within

XLIX. And be it enacted, That the penalties prescribed in and by Penalties to be the next immediately preceding section of this Act, or under that for a certain time. the establishment of Regulations of Police for such unincorporated Villages, shall be sued for within ten days after the offence for which they shall have been incurred shall have ceased, and not afterwards.

sued for and re

L. And be it enacted, That all penalties incurred by any person or Penalties to be persons, under any of the Regulations of Police, by the next succeeding covered by section of this Act, established for such unincorporated Villages, shall tee." Inspecting Trusbe sued for and recovered by the Inspecting Trustee of Police of such Village, or in his absence, or when he shall be the party complained against, then by some other of such Trustees before any one Justice of the Peace having jurisdiction and residing within five miles of such Village, if any there be, or else before any other Justice of the Peace having jurisdiction as such, in such Village, who shall hear and determine such information in a summary manner, and upon the oath or affirmation of one or more credible witnesses, and shall cause such penalty to be levied by distress and sale of the goods of the offender; How levied, and the whole of such penalty shall be applied to the repairs and How applied. improvement of the streets and lanes of such Village, under the direction. of the Police Trustees thereof, and by the Pathmaster or Pathmasters of the division or divisions to which such Village shall belong, to whom or such of them as shall be appointed by such Trustees for that purpose, such penalty shall be paid over for that purpose.

Police regulations to be enforced with respect to—

Ladders on roofs;

Buckets;

Bakers, Brewers, &&.

Stove pipes;

Entering certain places with can

dies, &c.

LI. And be it enacted, That it shall be the duty of the Police Trustees of every such unincorporated Village to execute and enforce, and cause to be executed and enforced, within the limits of such Village, the Regulations of Police herein and hereby provided and established for all such Villages, that is to say:

Firstly. All and every the proprietors and proprietor of a house or houses of more than one story in height, in any of the said Villages, shall place or cause to be placed a ladder or ladders on the roof of their respective houses, near to or adjoining the chimney or chimneys thereof, and another ladder reaching from the ground to the roof of each and every of their respective houses as aforesaid, under the penalty of five shillings currency, for every neglect so to do, and of ten shillings currency, for each and every week during which they shall neglect to provide themselves with such ladder or ladders as aforesaid.

Secondly. All and every householder or householders in the said Village shall be held to furnish and provide himself or themselves with two buckets, fit and proper for carrying water, in case of accidents by fire, under the penalty of five shillings currency, for each bucket which may be deficient.

Thirdly. It shall not be lawful for any baker, potter, brewer, manufacturer of pot and pearl ashes, or any other person, to build, make or cause to be built and constructed, any oven or furnace within the limits of any of the aforesaid Villages, unless the same adjoin and be properly connected with a chimney of stone or brick, which chimney shall rise at least three feet higher than the house or building in which the said oven or furnace may be, and three feet higher than any building within one chain of the said oven or furnace, under a penalty which shall not exceed ten shillings currency, and for non-compliance with this regulation, the offender shall incur a penalty of fifteen shillings currency, for each week during which he shall neglect to comply therewith.

Fourthly. It shall not be lawful for any person in any of the said Villages to conduct any stove pipe through any wooden or lathed partition or through any floor, unless there be a space of six inches between the pipe and the partition or floor, or the nearest wood-work, and the pipe of every stove shall be inserted into a chimney, and there shall be left at least ten inches in the clear between any stove and any wooden or lathed partitions, or other wood-work, and each and every person offending against this regulation shall incur a penalty of ten shillings currency.

Fifthly. Any person or persons who shall enter into any mill, barn, outhouse or stable within the limits of any of the said Viilages with a

lighted candle or lamp, without having the same well inclosed in a lantern, shall for every such offence incur a penalty of five shillings currency, and any person or persons who shall enter into any mill, barn, stable or out-house, within the limits of any of the said Villages, with a lighted pipe or cigar, or carry fire not properly secured into such barn, stable, or out-house, shall for every such offence incur a penalty of five shillings currency.

wooden houses,

Sixthly. No person or persons shall be allowed to light or have a Lighting fires in fire in any wooden house or out-house, of any description, within the &c. limits of any of the said Villages, unless the same be in a brick or stone chimney, or in a stove of iron or other metal, under a penalty of five shillings currency, for each offence.

conveying fire;

Seventhly. All and every person or persons who shall carry or Using vessels for convey fire into or through any street, lane, yard, garden or place, in any of the said Villages or cause fire to be so carried or conveyed without having the same confined in some copper, iron, or tin vessel, shall for every such offence, incur a penalty of two shillings and sixpence currency, and for every subsequent offence of a like nature, a further penalty of five shillings currency.

in dwelling

Eighthly. Any person or persons who shall put or cause to be put or Hay, Straw, &c., placed any hay, straw or fodder, in any dwelling house, within the houses; limits of any of the said Villages, shall incur a penalty of five shillings currency for the first offence, and a penalty of ten shillings currency for every week during which he or she shall neglect to remove the said hay or straw from the said dwelling house.

powder;

Ninthly. All and every person or persons who shall keep or have Keeping of Gungunpowder for sale, in any of the said Villages, shall keep the same in boxes of copper, tin or lead; and for every omission or neglect so to do, such person or persons shall incur a penalty of twenty shillings for the first offence, and forty shillings for every subsequent offence.

powder at night;

Tenthly. Any person or persons in any of the said Villages, who Sale of Gunshall sell or permit gun-powder to be sold at night in his or their houses, store-houses or shops, out-house or other building, shall on being thereof convicted, incur a penalty of forty shillings currency for every first offence, and of sixty shillings currency, for every subsequent offence.

&c.

Eleventhly. Any person or persons who shall in any of the said Deposit of Ashes, Villages keep or deposit any ashes or cinders of any kind, (ashes in the possession of manufacturers of pot and pearl ashes excepted,) in any wooden vessel, box or other thing not lined or doubled with sheet iron,

Quick lime;

Lighting fires in streets;

Charcoal furnaces;

Filth, Rubbish, &c.

Inhabitants of

tín or copper, so as to prevent all danger of fire or combustion from such ashes or cinders, shall for every such offence incur a penalty of five shillings currency.

Twelfthly. Any person or persons who shall in any of the said Villages place or deposit any quick or unslacked lime in any house, out-house or building, so that such lime may be in contact with or touch any wood thereof, whereby there may be any danger of fire or combustion, shall for every such offence incur a penalty of five shillings currency, and a further penalty of ten shillings currency, for each day until such lime shall be removed or secured, to the satisfaction of such Inspecting Trustee, and in such manner as not to cause any danger of accident by fire.

Thirteenthly. Any person who shall light a fire in any of the streets, lanes, or public places of any of the said Villages, shall for every such offence incur a penalty of five shillings currency.

Fourteenthly. No person or persons shall erect or cause to be erected any furnace for making charcoal of wood within the limits of any of the said Villages, under a penalty of twenty shillings currency.

Fifteenthly. All and every person or persons who shall throw or cause to be thrown any filth, rubbish or ordure, into any of the streets, lanes, or public places within the limits of any of the said Villages, shall, for every such offence, incur a penalty of two shillings and six pence currency, and of five shillings curreney for every week during which they shall neglect to remove the same, after notification to that effect by the Inspecting Trustee, or some other person authorized by him for that purpose.

IV. INCORPORATED VILLAGES.

LII. And be it enacted, That the inhabitants of every Village in ed in Schedule A. Upper Canada, mentioned in the Schedule to this Act annexed marked

Villages mention

incorporated.

A, and intituled "Incorporated Villages," and the inhabitants of each and every other Village, Hamlet or place which shall hereafter by Proclamation under the Great Seal of this Province be erected into an Incorporated Village in the manner prescribed by this Act, shall be a Body Corporate apart from the Township or Townships in which such Village shall be situate, and as such shall have perpetual succession and Corporate powers a Common Seal, with such powers within the limits of such Village as are by this Act conferred upon the inhabitants of the different Townships in Upper Canada within the limits of such Townships respectively, and the powers of such Corporation shall be exercised by, through, and in the name of the Municipality of such Village.

LIII. And be it enacted, That on the first Monday in January in Election of Township Couneach year, and in case of Villages hereafter to be erected and incorpo- cillors, &c. rated by Proclamation as aforesaid on the first Monday in January next after the end of three calendar months from the teste of such Proclamation, and on each succeeding first Monday in January thereafter, there shall be held an election by voters qualified in like manner with the voters at elections of Township Councillors, for five Councillors for each of such Villages; and a Townreeve for each of the said Villages Election of a shall be thereafter elected from amongst the Councillors of such Village, in like manner as Townreeves are appointed by this Act to be chosen or elected for every Township as aforesaid.

Townreeve.

Returning

LIV. And be it enacted, That in each of the said Villages which has Appointment of been heretofore incorporated, whether under the name of Town or Officer. Village, or for which there have been Police Trustees appointed, the Clerk of the Board of Police or Town Clerk, or the Inspecting Trustee, as the case may be, shall be the Returning Officer for the first election to be held under this Act, and at each succeeding election the Village Clerk of such Village, for the time being, shall be the Returning Officer.

the Governor

Officer.

LV. And be it enacted, That in case of an election in any Village Case in which where there shall not have been a Clerk of the Board of Police or a may appoint Returning Town Clerk, or an Inspecting Police Trustee, or which shall not have been before incorporated, it shall and may be lawful for the Governor of this Province to appoint a Returning Officer to hold the first election for such Village under this Act.

election, and

a

LVI. And be it enacted, That the Returning Officer for every such places of holding Village shall appoint the place for holding such Village election, of notice thereof. which appointment he shall give notice, by posting the same at least ten days before the election, in at least three public places in such Village.

57.

ed copy of Col

[LVII. And be it enacted, That it shall be the duty of the 14 and 15 Vic., Returning Officer for every such Incorporated Village to procure a Returning Officer correct copy of the Collector's Roll for such Village, for the year next to procure certifi before that in which the Election shall be holden, so far as such Roll lector's Roll. contains the names of all male Freeholders and Householders rated upon such Roll, in respect of rateable real property lying in such Village, with the amount of the assessed value of such real property for which they shall be respectively rated on such Roll, which copy shall be verified in like manner as the copies of the Collector's Rolls for Township Elections, as hereinbefore provided; and no person shall Qualification be qualified to be elected a Village Councillor at any such Election who Village Councilshall not be a Freeholder or Householder of such Village, seized or possessed of real property, held in his own right, or that of his wife, as proprietor or tenant thereof, which shall be rated on such Collector's

F

lors.

of