Election of Mayor. Town Council constituted. Meetings. Powers, &c., of Provision with respect to Gaol, name shall appear on such Roll as one of the joint owners or occupants of such real property shall be deemed a person rated within the meaning of this section, but if the amount at which such real property shall be so rated shall not be sufficient, if so divided, to give a qualification to each of such joint owners or occupants, then none of such owners or occupants shall be a person rated within the meaning of this section."] LXVI. And be it enacted, That on the second Monday next after the said yearly election, the Councillors so elected in any Town shall meet and choose from amongst themselves a Mayor for such Town, who shall have the same powers within such Town as are hereinbefore vested in the Townreeve of a village; and the Mayor and Councillors shall form the Council of such Town; and the said first meeting shall be held at the place where the Municipality, Board of Police, or Town Council for such Town shall have held their usual meetings. LXVII. And be it enacted, That the Council for such Town shall have all and singular the powers, duties and liabilities within and in respect of such Town which the Municipality of any Village incorporated under this Act may or can lawfully use or exercise therein. LXVIII. And be it enacted, That the Gaol, Court House, and Court House, &c. House of Correction of the County within the limits or on the borders of which every such Town shall be situate, shall be and continue to be the Gaol, Court House and House of Correction of such Town as well as of such County, and the Sheriff, Gaoler and Keeper of such County Gaol and House of Correction, shall be bound to receive and safely keep, until duly discharged, all persons committed thereto by any competent power or authority of such Town. A Police Office established in each Town: when the Mayor shall preside at it. LXIX. And be it enacted, That there shall be in each of such Towns a Police Office, at which it shall be the duty of the Police Magistrate for such Town, or in his absence from sickness or other causes, or when there shall be no Police Magistrate for such Town, then it shall be the duty of the Mayor thereof to attend daily, or at such times and for such peried as shall be necesary for the disposal of the business to be brought before him as a Justice of the Peace for such Town: Provided always, firstly, that no such attendance shall be required on Sunday, Christmasday, or Good Friday, or on any day appointed by Proclamation for at Public Fast or Thanksgiving, unless in cases of urgent necessity; And Mayor, anther provided also, secondly, that it shall and may be lawful for any Justice Mstrate may of the Peace having jurisdiction within such Town, at the request of the Mayor therof, to sit for such Mayor at such Police Office, in every of which cases the required attendance of the said Mayor at such Police Office shall be dispensed with. Proviso as to holy-days Proviso with leave of the BIL. Police Magis LXX. And be it enacted, That the Police Magistrates for the several Appointment of Towns which shall be or remain incorporated as such under this Act, trates. shall be appointed by the Crown during pleasure; and every such Police Magistrate shall be ex officio a Justice of the Peace in and for the Town for which he shall be appointed, and in and for the County within or on the borders of which such Town shall lie, and shall receive a Salary. salary of not less than one hundred pounds per annum, payable quarterly out of the Municipal funds of such Town: Provided always, never- Magistrate not to theless, that a Police Magistrate shall not in the first instance be ap- cept upon petipointed for any of such Towns, until the Corporation of such Town shall tion of the Corhave communicated to the Governor-General of this Province, through the Provincial Secretary thereof, their opinion that such an Officer was required for the better conduct of the affairs of such Town and administration of justice therein. Proviso: Police be appointed ex poration. may suspend B LXXI. And be it enacted, That every such Police Magistrate shall Police Magistrate have the power of suspending from the duties of his office any Chief Chief Constable. Constable or Constable of the Town of which he is the Police Magistrate for any period in his discretion, and that immediately after such suspension, he shall report the same, with the cause thereof, if he deem such Chief Constable or Constable deserving of dismissal for the cause of such suspension, to the Town Council of such Town, and the Town Council thereof shall thereupon in their discretion dismiss such Chief Constable or Constable, or direct that he shall be restored to the duties of his office after the period of such suspension shall have expired, and during such suspension no such Chief Constable or Constable shall be capable of acting in his said office except by the express permission of the Police Magistrate of such Town in writing, nor shall such Chief Constable or Constable be entitled to any salary or remuneration for the period of such suspension: Provided always, that it shall be in Proviso as to the power of such Police Magistrate to appoint some fit and proper per- Constable. son to act as Chief Constable or Constable during the period of such suspension of any Chief Constable or Constable as aforesaid. temporary Chief of Offences against By-Laws, &c., be may be prosecut ed before Police Mayor. LXXII. And be it enacted, That all offences against the By-laws any of the said Towns, and all penalties for refusal to accept or sworn into office in such Towns, and all other offences over which one Magistrate or or more Justices of the Peace have or shall have jurisdiction, committed within any such Town, may be prosecuted and sued for, tried and recovered before the Police Magistrate of such Town, or when there shall be no Police Magistrate in such Town, then before the Mayor of such Town, such Police Magistrate or Mayor, as the case may be, acting either alone or assisted by one or more Justices of the Peace for such Town, as the case may require; and such Police Magistrate shall ex He shall be a J. P. 14 & 15 Vic., cap. 109, sec. 81. Power of Governor as to appointment of officio be a Justice of the Peace for such Town, and it shall be his duty and that of the Justices for such Town to be the conservators of the peace in and for the same. [LXXV. And be it enacted, That nothing in this Act contained shall be construed to limit the power of the Governor of this Province to appoint under the Great Seal thereof, any number of Justices of the Peace for any such Town: Provided always, nevertheless, that no such J. P. not affected. appointment shall be held to limit, determine or otherwise interfere with the jurisdiction, powers, duties or liabilities of the Justices of the Peace for the County within which such Town shall be situate in respect of such Town, or in, over, or with respect to offences [committed within the same, except only so far as respects offences against the By-laws of such Town, and penalties for refusal to accept or be sworn into office in such Town, as to which latter offences and penalties, jurisdiction shall belong to the Police Magistrate or Mayor of such Town, as the case may be, and to the Justices of the Peace for such Town, and not to those of the County within which such Town shall be situate as aforesaid.] Who shall be Offices. LXXIII. And be it enacted, That the Clerks of the Town Councils Clerks of Police of the said Towns shall be Clerks of the Police Offices of such Towns, and perform the same duties and receive the same emoluments as now appertain to Clerks of Justices of the Peace in Upper Canada, unless by Act of the Town Councils of such Town another Officer be appointed for such purpose. Their duties. Appointment of Chief Constables, LXXIV. And be it enacted, That there shall be in and for each of the &c., to hold office Towns which shall be or remain incorporated as such under the authorof Town Coun- ity of this Act, one Chief Constable, and one or more Constables for each during pleasure cil. Oath of Office of whom to be taken Ward of such Town, who shall respectively hold their offices during the pleasure of the Town Council, but shall be liable to be suspended and dismissed as hereinbefore provided. LXXVI. And be it enacted, That all oaths of Office of the SuborOfficers, before dinate Officers of such Town, shall be taken before the Mayor or Police Magistrate thereof, or before any one of the Justices of the Peace for such Town, who are hereby authorized to administer the same. Appointment of reeve. LXXVII. And be it enacted, That it shall and may be lawful for Townreeve, and the Town Council of each of the said Towns to select from among themDeputy-Town- selves one Townreeve, and when such Town shall have five hundred resident freeholders and householders on the Collector's Roll thereof, then also a Deputy-Townreeve for such Town, who shall be a Member of the Municipal Council of the County in which such Town is situate. LXXVIII. And be it enacted, That the Town Council for each of the said Towns shall appoint three Assessors and one Collector for each Appointment of Ward of the said Town, whose duty it shall be to make assessments and such offices; and provided also, secondly, that no person shall be ap- Proviso as to pointed such Assessor, unless he shall be rated on the Collector's Roll qualification. for the year preceding his appointment, to the amount of three hundred pounds and upwards. Proviso for the incorporated Village into a LXXIX. And be it enacted, That whenever any Incorporated Village in Upper Canada, shall be found by the Census Returns to contain erection of an within its limits upwards of three thousand inhabitants, then upon pe- Town on certain tition of the Municipality of such Village, it shall and may be lawful conditions. for the Governor of this Province by an Order in Council to issue a Proclamation, under the Great Seal of the Province, erecting such Village into a Town, and including within the boundaries thereof any portion of the Township or Townships within which it may be situate, which from the proximity of streets or buildings thereon may conveniently be attached to such Town and dividing the said Town into Wards by appropriate names and boundaries; but no Town shall be so divided into Wards. less than three Wards, and none of such Wards shall have less than five hundred inhabitants; and such Town shall have an election by Wards First election by on the first Monday in the month of January next after the end of three calendar months from the teste of such Proclamation; and such Town Privileges as a shall, from thenceforth, be subject to the same regulations and provisions of law and shall have the same immunities and privileges as a Town named in the said Schedule to this Act annexed marked B, as fully as if such Town had been mentioned therein. Number of Wards. Town. be composed of ed for the different and duties. LXXX. And be it enacted, That the Town Council of any such Town Town Council to shall be composed of the Councillors elected by and for the different Councillors electWards of such Town, and shall have all such powers, duties and liabilities Wards: powers within and in respect of such Town as the Municipality of any Village shall have in respect of such Village; and the Mayor of such Town and the other officers thereof shall have the like powers, duties and liabilities respectively within and in respect thereof as the Townreeves and other Officers of any Incorporated Village shall have within and in respect of such Village. Councils to make LXXXI. And be it enacted, That the Town Council of each of the Powers of Town Towns, which shall be or remain incorporated under the authority of By-laws forthis Act, shall moreover have power and authority to make By-laws for each or any of the following purposes, that is to say: Establishing house of correction. Firstly. For establishing and regulating a Police for such Town; for establishing and regulating one or more Alms-houses and Houses of Work-house and Refuge for the relief of the poor and destitute; for erecting and establishing and also providing for the proper keeping of any Work-house or House of Correction that may hereafter be erected in and for such Regulating erec- Town; for regulating the erecting of buildings and preventing wooden buildings from being erected in thickly built parts of such Towns. tion of buildings. Purchase of land for Industrial Farm, &c. Lighting with gas, oil, &c. 14 & 15 Vic, cap. 109, sec. 36. Livery Stable licenses, &c. Public convey ances. Assessments on real property for ments. Secondly. For the purchase of such lands as they may deem necessary, for the purpose of an Industrial Farm for such Town, of not less than two hundred acres in extent within such convenient distance of such Town as they may deem expedient, and for erecting, or building thereon, such houses, buildings, yards and other inclosures as may be deemed proper for the purpose of such farm. Thirdly. For defraying out of the funds of such Town, if necessary, the expense of lighting the same or any part thereof with gas, oil or other substances, and the performing of any kind of work required for the purpose, and for obliging the proprietors or occupiers of real property to allow such work to be done, and such fixtures placed in or about their premises as may be necessary for that purpose; such work and fixtures to be done at the expense of such Town. [LXXXI. Fourthly. For regulating and licensing the owners of Livery Stables, Horses, Cabs, Hackney-coaches, Omnibuses, Carts and other Carriages used for hire in such Town, [And for establishing as well the amount to be paid into the Corporation Treasury for such license, as the rates,] of pay or hire, and to compel in a summary manner the prompt payment of the lawful fare or hire to the owner or driver of such Horses, Cab, Hackney Coach, Omnibus, Carts and other Carriages by the parties hiring or using the same, and for preventing runners, stage drivers and others in the streets or public places from soliciting and teasing passengers and others to travel in any boat, vessel, stage or vehicle.] Fifthly. For assessing the proprietors of such real property in any special improve such Town as may be immediately benefitted by such improvements, for such sum or sums as may at any time be necessary to defray the expense of making or repairing any common sewer, drain, flagging, posts or pavement in any public highway, street, square or place immediately opposite or near to such real property, and for regulating the time and manner in which such assessment shall be collected and paid. Or for sweeping and watering streets, &c. Sixthly. For raising, levying and appropriating at and upon the petition of two thirds or upwards of the freeholders and householders resident in any particular street, square, alley or lane of such town, such sum or sums of money as may be necessary to defray the expense of sweep |