lage; for preventing and punishing parties engaged in charivaries and Charivaries, &c. other like disturbances of the peace; for preventing any indecent public exposure of the person, or other indecent exhibition whatsoever; for preventing profane swearing and the use of blasphemous, obscene, or &c. indelicate language. Obscene language &c. Eleventhly. For establishing, maintaining and regulating one or more Lock-up houses, public lock-up-houses in and for such Village for the detention and imprisonment of all persons sentenced to an imprisonment of not more than ten days, under any of the By-laws of such Village, and of all other persons lawfully detained in custody for examination before a Justice of the Peace or other competent authority on any charge of having committed any offence against the Law or the By-laws of such Village, or detained for the purpose of his transmission to any common gaol or house of correction upon commitment or otherwise either for trial or in the execution of any sentence that may have been passed upon him, either by a Justice of the Peace or other competent authority in that behalf. &c. Twelfthly. For the establishing, protecting and regulating of pub- Public fountains, lic fountains, wells, pumps, cisterns, reservoirs and other conveniences for the supply of good and wholesome water or for the extinguishment of fires, and to make reasonable charge for the use thereof; and for preventing the waste and fouling of public water. places. Thirteenthly. For regulating the keeping and transporting of gun- Gunpowder, &c. powder and other combustible or dangerous materials; and for erecting, regulating and providing for the support by fees of a Village Magazine for the storing of gunpowder belonging to private parties, and for compelling persons to store therein; for preventing or regulating the use of Fire in certain fire, lights, or candles in livery or other stables, cabinet-makers and carpenters' shops, and combustible places; for preventing or regulating the carrying on of manufactories or trades dangerous in causing or promoting fire; and for regulating the mode of removal and requiring the Ashes. safe keeping of ashes in proper deposits; for regulating, removing or preventing the construction of any chimney, flue, fire-place, stove, oven, boiler or other apparatus or thing in any house, manufactory or business which may be dangerous in causing or promoting fire; for regulating chimneys. the construction of chimneys as to the dimensions and thickness, and the carrying of the same to a proper height above the roofs of buildings, and for enforcing the proper sweeping or cleaning of the same by licensed or other chimney sweepers; for guarding against the calamities Party walls. of fire by regulating and enforcing the erection of party walls; for com- Ladders. pelling the owners and occupants of houses to have scuttles in the roofs, Fire Companies. and stairs and ladders leading to the same, and for authorizing the Officer to be appointed for that purpose to enter at all reasonable times or hours upon the property of any party subject to such regulations for Fire Buckets, &c. the purpose of ascertaining that the same are properly obeyed; for requiring the inhabitants of such Village to provide so many firebuckets, in such manner and time as they shall prescribe, and for regulating the examination of them and the use of them at fires; for regulating the conduct and enforcing the assistance of the inhabitants present at fires, and the preservation of property thereat; for making regulations for the suppression of fires and the pulling down or demolishing of adjacent houses, buildings or other erections for that purpose; for purchasing and establishing and regulating Fire, Hook, Ladder and Property Saving Companies; for providing medals or rewards for persons who shall distinguish themselves at fires, and for assisting the widows and orphans of persons who may be killed by accidents occurring at such fires. Examining dwelling houses, to danger from fire. Fourteenthly. For entering into and examining all dwelling houses, &c., with respect Warehouses, shops, yards and outhouses, for ascertaining whether any such places are in a dangerous state, with respect to fire or otherwise, and for directing them to be put in a safe and secure condition; for appointing fire wardens and fire engineers; for appointing and removing firemen; for making such rules and regulations as may be thought expedient for the conduct of such Fire Companies, Hook and Ladder Companies and Property Saving Companies as may be raised with the sanction of the Corporation of such Village. Health of the Fifteenthly. For providing for the health of the Village and against the spreading of the contagious or infectious diseases; for regulating the interment of the dead, and for directing the returning and keeping Bills of mortality, of bills of mortality; and for imposing penalities on physicians, sextons and others for default in the premises; and for providing and regulating one or more Public Cemeteries for the interment of the dead. &c. Public Cemeteries, &c. Immoderate driving, &c. Sixteenthly. For laying out, improving and regulating any Public Cemetery for the burial of the dead that they may obtain and establish for such Village, and for selling or leasing such portions thereof as they may think proper, and for declaring in the conveyance thereof to the purchasers or lessees, the terms on which such portions are to be held, and for making such other regulations for the improvement, ornament and protection of such Cemetery as they may think necessary and proper. Seventeenthly. For preventing the immoderate riding or driving of horses or cattle in any of the public highways or streets of such Village; and for preventing the leading, riding or driving of horses or cattle : upon the side-walks of the streets of such Village, or other improper places therein. nets, &c. Eighteenthly. For regulating or preventing the fishing with nets or Fishing with seines, the use of fishing lights, or the erection or use of wires for eels or other fish in any harbour, river or public water within the limits of the jurisdiction of the Corporation of such Village. &c. Nineteenthly. For regulating inns, taverns, ale houses, victualling Inns, Taverns, houses, ordinaries and all houses where fruit, oysters, clams, victuals or spirituous liquors, or any other manufactured beverage may be sold, to be eaten or drank therein, and all other places for the reception and entertainment of the public within the jurisdiction of the Corporation of such Village, and to limit the number of them, and in all cases when there exists no other provision by law for the licensing of such houses, Licensing in to provide for the proper licensing of the same, at such rates as to the Corporation of such Village may seem exped ent, the proceeds of such license, in cases not otherwise appropriated by law, to form part of the public funds of such Village, and to be disposed of as the said Corporation may consider advisable. certain cases. Trees, &c. Twentiethly. For preventing the injuring or destroying of trees planted Injuring of or growing for shade or ornament in such Village, and for preventing the pulling down or defacing of sign boards. moneys. Twenty-firstly. For borrowing under the restrictions, and upon the Borrowing security hereinafter mentioned, all such sums of money as shall or may be necessary for the execution of any village work within the jurisdiction. and the scope of the authority by this act conferred upon them. Twenty-secondly. For raising, levying and appropriating such Levying moneys. moneys as may be required for all or any of the purposes aforesaid, by means of a rate or rates to be assessed equally on the whole rateable property of such Village, according to any law which shall be in force in Upper Canada, concerning rates and assessments. Tying their Corporate powers into execution. Twenty-thirdly. For making all such other By-laws as may be ne- By-laws for carcessary and proper for carrying into execution the powers herein vested or hereafter to be vested in the Corporation of such Village, or in any Department or Office thereof, for the peace, welfare, safety and good government of such Village, as they may from time to time deem expedient, such By-laws not being repugnant to this or any other Act of the General provision Parliament of this Province or of the Parliament of Upper-Canada, or to the general laws of that part of this Province: Provided always, proviso as to nevertheless, firstly, that no person shall be subject to be fined more fines. G as to By-laws. Proviso. Repealing or amending Bylaws. than five pounds, exclusive of costs, or to be imprisoned more than thirty days for the breach of any By-law or regulation of such Village: And provided also, secondly, that no person shall be compelled to pay a greater fine than ten pounds for refusing or neglecting to perform the duties of any Municipal office when duly elected or appointed thereto. Twenty-fourthly. For the repeal, alteration or amendment from time 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 Village. Inhabitt. Inhabitants of ted. Corporate powers. V. TOWNS. LXI. And be it enacted, That the inhabitants of each of the Towns towns mentioned mentioned in the Schedule to this Act annexed marked B, and entituin Schedule B, &c., incorpora- led, "Towns," and the inhabitants of all such Villages in Upper Canada as shall be erected into Towns by and under any Proclamation to be issued in that behalf under this Act, shall severally be a Body Corporate, with the same Corporate powers as the inhabitants of Villages incorporated under this Act, except in so far as such powers may be hereby increased, lessened or otherwise modified, and such powers shall be exHow exercised. ercised by, through and in the name of the Town Council of each of such Towns respectively. Three Councillors to be chosen for every Ward. Election when to take place. Appointment of to be fixed. LXII. And be it enacted, That for every Ward within the limits of any such Towns, there shall be chosen three Councillors by the male resident freeholders and householders of such Ward. LXIII. And be it enacted, That the elections for each of the said Wards shall take place on the first Monday in January in each year. LXIV. And be it enacted, That the Municipality, Town Council or Board of Police in office in each of the said Towns or Villages when this Act shall come into force, or who shall be in office when the Proclamation shall issue, erecting such Village into a Town as aforesaid, shall apPlace of election point a Returning Officer for each Ward, to hold the first election therein: and such Returning Officer shall fix the place for the said election, and give notice thereof by posting the same in at least three public places within his Ward, at least ten days next before the election; and that on the first Monday in January in every succeeding year, a like election shall be held, and the Returning Officers and places within each Ward for such elections shall be chosen and appointed by the Town Council in office next before such election, and public notice shall in like manner be given by such Returning Officer of the place of holding such election. Elections to be held yearly. 1 sec. 17, substi Collector's Rolls. elected a Coun [XVII. And be it enacted, That the following section shall be sub- 16 Vic. cap. 131, stituted for the repealed sixty-fifth section, as amended of the Act first tuted for sec. 65, above cited, and shall be read as part of the said Act: "And be it 12 Vic., cap. 81. enacted, That it shall be the duty of the Returning Officer for each Returning OffiWard of every such incorporated Town, to procure a correct copy of cers of Wards to the Collector's Roll for such Ward for the year next before that in procure copies of which the Election shall be holden, so far as such Roll contains the names of all male freeholders, and householders rated upon such Roll in respect of real property lying in such Ward, 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 Collector's Rolls for Township Elections, as hereinbefore provided; and no person shall be qualified to be elected a Town Who shall be Councillor at any such Election, who shall not be a freeholder or house- qualified to be holder of such Town, seized or possessed of real property held in his cillor. own right, or that of his wife as proprietor or tenant thereof, which shall be rated in his name on such Collector's Roll, or on the Collector's Roll or Collector's Rolls for some one or more of the other Wards of such Town for such next preceding year, in the case of a freeholder to the amount of Twenty Pounds per annum or upwards, and in the case of a householder to the amount of Forty Pounds per annum or upwards, and who shall not be seized or possessed to his own use, or that of his wife, of the real property for which he shall be so rated, either in fee or freehold, or for a term of one year or upwards, situate within such Town; and the persons entitled to vote at such Election Who shall be enshall be the freeholders and householders of the Ward for which such titled to vote at Election shall be held, whose names shall be entered on the Collector's Roll thereof for such next preceding year as rated for rateable real property, held in their own names, or that of their wives respectively, as proprietors or tenants thereof, to the amount of Five Pounds per annum or upwards, and who at the time of such Election shall be resident in such Town; and no person shall vote more than once at any such Election, and if resident in the Ward for which he was assessed, shall vote in that Ward: Provided always, nevertheless, Firstly, that it shall not be necessary that the property qualification of such Town Councillors or Voters shall consist wholly of freehold or wholly of leasehold property, provided the aggregate amount at which both shall be assessed shall be sufficient as above required: Provided Proviso. also, Secondly, that the occupant of any separate portion of a house, having a distinct communication with a public road or street by an outer door, shall also be considered a householder within the meaning of this Act, in case he shall in like manner be rated therefor as a householder upon such Collector's Roll as aforesaid: Provided also, Thirdly, Proviso. that whenever both the owner and occupant of any such real property shall be so rated in respect of such rateable real property, the owner and the occupant shall both be deemed rated within the meaning of this section: And provided also, Fourthly, that where any such real Proviso, as to property shall be owned or occupied jointly by more than one person, and the amount at which the same shall be so rated shall be sufficient, if equally divided between them, to give a qualification to each, then and in every such case every male freeholder or householder whose the election. Proviso. joint owners or orcupiers. |