ing and watering such street, square, alley or lane by means of a special rate to be assessed equally on the whole rateable property in such street, square, alley or lane. moneys. Seventhly. For borrowing under the restriction and upon the security Borrowing hereinafter mentioned, all such sums of money as shall or may be necessary for the execution of any town work within their jurisdiction and the scope of the authority by this Act conferred upon them. Eighthly. For raising, levying and appropriating such moneys as Levying moneys. may be required for all or any of the purposes aforesaid by means of a rate to be assessed equally on the whole rateable property in such Town according to any law which shall be in force in Upper Canada concerning rates and assessments. for carrying into herein vested, &c. Ninthly. For making all such laws as may be necessary and proper Making By-laws for carrying into execution the powers herein vested or hereinafter to be execution powers vested in the Corporation of such Town or in any department or office thereof, for the peace, welfare, safety and good government of such Town as they may from time to time deem expedient, such laws not being repugnant to this or any other Act of the Parliament of this Province, or of the Parliament of Upper Canada, or to the general laws of that part of this Province: Provided always, nevertheless, firstly, that Proviso as to no person shall be subject to be fined more than five pounds, exclusive of By-laws. of costs, or to be imprisoned more than thirty days, for the breach of any By-law or regulation of such Town: And provided also, secondly, For refusing that no person shall be compelled to pay a greater fine than twenty pounds for refusing or neglecting to perform the duties of any Municipal office when duly elected or appointed thereto. fines, for breach office. amending of Tenthly. For the repeal, alteration, or amendment, from time to Repealing or time, of all or any of such By-law or By-laws, and the making others By-laws." in lieu thereof, as to them may seem expedient for the good of the inhabitants of such Town. Additional [XV. That the Common Council of each of the Cities, and the Town 16th Vic., cap. Councils of each of the Towns now or hereafter to be incorporated in 151, sec. 15. Upper Canada, shall in addition to the powers they now possess, have powers conferred further power and authority to make By-laws for each of the following on Cities and purposes: Town Councils. Firstly. To fix an annual rent upon the drainage of any house, Rent for drainage cellar, yard or land into any common sewer, and to charge the property so drained for the payment of such rent, during the time it shall be so drained into such sewer. particular Secondly. For raising, levying and appropriating at and upon the Assessing petition of two thirds or upwards of the Freeholders and householders localities for H special purposes. resident in any particular street, square, alley or lane, such sum or sums as may be necessary to defray the expense of lighting with gas, oil or other substances, such street, square, alley or lane, by means of a special rate, to be assessed equally on the whole rateable property in such street, square, alley, or lane. Granting requisite powers Companies. Thirdly. For granting authority to any Company now or hereafter to Gas and Water to be incorporated for the purpose of supplying Water or Gas for the use and convenience of the inhabitants of such City or Town, to lay down pipes or conduits for the conveyance of such Water and Gas under any of the Streets or public Squares of the Municipality, under such restrictions, limitations and regulations as to such Municipal Council may seem meet. Subscribing for Stock in Gas or Water Companies and raising money by rates or debentures to pay for the same. Subscription. Fourthly. For subscribing for or purchasing any number of Shares in the Capital Stock of any Company incorporated for the purpose of supplying such City or Town with Water or Gas, or for lending any sum of money to such Company, or guaranteeing the payment of any sum of money borrowed by such Company from any Corporation or person, or for endorsing or guaranteeing the payment of the principal or interest of any Debenture to be issued by the Company for any money by them borrowed, or for assessing and levying, from time to time, upon the whole rateable property of the Municipality, a sufficient sum or sums to discharge the debt or engagement so contracted, or for issuing Debentures for the like purpose payable at such times and for such sums, respectively, not less than Twenty-five Pounds currency, and bearing or not bearing interest, as such Corporation may think meet: Proviso: Form of Provided, firstly, that any such subscription for or purchase of Shares in such Company as aforesaid, may be made on behalf of the Municipality, by any Municipal Officer or person thereunto authorized by any By-law, and that any such Debenture issued, endorsed or guaranteed under any such By-law as aforesaid, shall be valid and binding upon the Municipality, if signed or endorsed and countersigned by such Municipal Officer or person and in such manner and form as shall be Proviso: By-law directed by any By-law: Provided, secondly, that no Municipal Corporation shall subscribe for or purchase Stock of any such Company as aforesaid, or incur any debt or liability in respect of any such Company unless and until a By-law authorizing such subscription or purchase or the incurring of such debt or liability, shall have been duly made and adopted with the consent first had and obtained of a majority of the qualified Municipal Electors of the Municipality, to be ascertained in such manner as shall be determined by a By-law to be made for that purpose, after public notice containing a copy of the proposed By-law or of every material provision thereof, inserted at least four times in each newspaper printed within the limits of the Municipality, (or if none be printed within the limits of the Municipality) then in some newspaper or newspapers printed in the neighborhood of such Municipality and circulated therein;) and also posted up in at least four of the most public places in the Municipality: And provided, thirdly, of Municipality that the Mayor of any such Municipality as aforesaid, subscribing_for and holding stock in any such Company, to the amount of Two must be approved by electors. Proviso: Mayor subscribing Company Thousand Five Hundred Pounds, or upwards, shall be and continue to Director of the be ex officio one of the Directors of the Company, in addition to the subscribed to. other Directors thereof, and shall have the same rights, powers and duties as any of the Directors of the Company, and the Mayor for the time being shall also be allowed to vote on the shares owned by the said Municipality at any Election of Directors.] VI. CITIES. Cities mentioned &c., incorpo LXXXII. And be it enacted, That the inhabitants of each of the Inhabitants of Cities mentioned in the Schedule to this Act annexed marked C, and in Schedule C, intituled "Cities," and the inhabitants of all such Towns in Upper rated." Canada as shall from time to time, be erected into Cities by and under any Proclamation to be issued in that behalf under this Act, shall be Bodies Corporate with all the powers, privileges and immunities, duties Corporate and liabilities of the incorporated inhabitants of Towns as aforesaid, except in so far as such powers may be hereby increased, lessened or otherwise modified, and such powers shall be exercised by, through, How exercised. and in the name of the Mayor, Aldermen and Commonalty of each of such Cities respectively. powers. cillors in Cities; sions respecting [XVIII. And be it enacted, That the following section shall be substi- 16th Vic., Cap. tuted for the repealed 83d section as amended of the Act first above cited, 181, Sec. 18. and shall be read as part of the said Act; " And be it enacted, That for each Ward of every such City there shall be two Aldermen and two Councillors, to be elected as hereinbefore provided with respect to Town Election of AlderCouncillors, which Aldermen and Councillors shall together constitute the men and CounCommon Council of such City, and which City and the Mayor and Com- certain provimon Council thereof shall have and exercise all and singular the same Towns to apply. rights, powers, privileges and jurisdiction in, over and with respect to such City and the liberties thereof, as are hereinbefore given, granted or conferred upon, or as shall by virtue of this Act or otherwise, belong to incorporated Towns in Upper Canada the Mayors, Councillors and Common Councils thereof, and all the rules, regulations, provisions and enactments contained in this Act, (16 Vic., cap. 181,) as applied to such incorporated Towns, the Mayors and the Councillors thereof, and their election, and those by whom such election is to be made, and to the Town Council thereof, either by way of reference to those provided for Incorporated Villages or otherwise, shall apply to each of the said Cities and the Mayor, Aldermen and Councillors thereof, and their election, and to the Common Council thereof: Provided always, nevertheless, firstly, that the Mayor of every such City shall be elected by the Aldermen and Councillors of such City from among the Aldermen Mayor. thereof; And provided also, secondly, that no person shall be qualified to be elected an Alderman for any Ward of such City who shall not Proviso qualibe a freeholder or householder of such City, seized or possessed of real fication of Alderproperty held in his own right or that of his wife as proprietor or tenant thereof, which shall be rated in his name on the Collector's Roll Proviso: men. as to cillors. of the Ward for which he shall be elected, or on the Collector's Roll or Collector's Rolls for some one or more of the other Wards of such City for the year next preceding his election, in the case of a Freeholder to the amount of Forty Pounds per annum or upwards, and in the case of a householder to the amount of Eighty Pounds per annum or upwards, and who shall not be seized or possessed to his own use or that of his wife of such real property either in fee or freehold, or for a term of one Proviso: quali- year or upwards, situate within such City or the liberties thereof: And fication of Coun- provided also, thirdly, that no person shall be qualified to be elected a Councillor for any Ward of such City, who shall not be a freeholder or householder of such City 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 in his name on the Collector's Roll of the Ward for which he shall be elected, or on the Collector's Roll or Collector's Rolls for some one or more of the other Wards of such City, for the year next preceding, 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 such real property either in fee or freehold, or for a term of one year or upward, situate within such City or the liberties thereof: And provided also, fourthly, cation of voters. That the persons entitled to vote at the elections of such Aldermen and Councillors, shall be the freeholders and householders of the Ward for which such 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 Seven pound ten shillings per annum or upwards, and who at the time of such election shall be resident in such City or the liberties of the same; but no person shall vote at more than one Ward in such City, and if assessed in the Ward in which he resides, shall vote only at the election for that Ward."] Proviso: Qualifi 16th Vic., cap. 1-1, sec. 19. Erection of towns having more than 10,000 cities. Proclamation. [XIX. And be it enacted, That the following section shall be substituted for the repealed eighty-fourth section as amended of the Act first above cited, and shall be read as part of the said Act; "And be it enacted, That whenever any of the said Towns inhabitants into incorporated or to be incorporated as aforesaid, shall be found by the census returns to contain more than ten thousand inhabitants, then on petition from the Town Council of such Town, it shall and may be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation under the Great Seal of the Province, erecting such Town into a City, declaring the name of such City, setting forth the boundaries of the same and of the liberties thereof respectively, with the portions of the liberties to be attached to each of such Wards respectively, and including within such boundaries any portion of the Township or Townships adjacent, which from the proximity of streets or buildings therein, or the probable future exigencies of such City, it may appear desirable in the opinion of the Governor in Council should be attached to such City or the liberties thereof, and to make new divisions of such City into Wards, in like manner as is provided in the case of the said Towns; and the first Election in such place as a City Boundaries. Division into Proviso: Re-di require it. and its effect. shall take place on the first Monday of the month of January next, after the end of three calendar months from the teste of such Proclamation. Provided always, nevertheless, that when and so often as it shall be deemed desirable for the greater convenience of the citizens of vision when cirany of the cities incorporated or to be incorporated as aforesaid, that the cumstances may area forming such City and the liberties thereof, (either with any portion of the Township or Townships adjacent, which from the proximity of streets or buildings therein or the probable future exigencies of such City, it may appear desirable should be attached to such City or the liberties thereof, or without such portion of such Township or Townships) or any part thereof, should be re-divided into Wards, and the expediency of such re-division shall have been affirmed by a majority of the Common Council of such City, consisting of at least two-thirds of the members thereof, in the month of February in two successive years, it shall and may be lawful for the Governor of this Proclamation, Province, by an Order in Council, to issue a Proclamation under the Great Seal thereof, re-dividing such City or such part of such City into Wards, with liberties attached to such Wards respectively, as to him. shall seem expedient; And on, from, and after the end of three calendar months from the teste of such Proclamation, such re-division shall take effect to all intents and purposes, as if such had been the original division of such City into Wards, or of the part thereof so redivided, in and by Act of Parliament, or Proclamation in the first instance. And provided also, secondly, that in every such re-division, Proviso: parts of it shall and may be lawful, in and by such Proclamation to include adjacent townwithin the boundaries of such City or the liberties thereof, any portion included. of the Township or Townships adjacent, which from the proximity of streets or buildings thereon, or the probable future exigencies of such City, it may appear desirable, in the opinion of the Governor in Council, should be attached to such City or the liberties thereof.] ships may be and 22. being separated for the purpose of [XXI. And be it enacted, That previous to the issue of any Pro- 14th & 15th Vic., clamation for the erecting of any Town into a City, under the provisions cap. 109, sec. 21 of the eighty-fourth section of the said Municipal Corporations' Act of one thousand eight hundred and forty-nine, an agreement or arbitration As to any town similar, as nearly as may be, in all respects to the agreement and from any County arbitration provided for by the fifteenth section of the said Act, of the being erected twelfth year of Her Majesty's Reign, chaptered seventy-eight, between into a City. a Junior County and the County or Counties, from which it is about to be separated, shall be made or had between such Town and the County or Union of Counties within the limits of which such Town shall lie, in which the Municipal Corporation of such Town shall do all on behalf of such Town as in and by the said fifteenth section is required to be done by the Provisional Municipal Council of such Junior County, on behalf of such Junior County; and the arbitrators shall be appointed, the award be made, and all other particulars observed by and between such Town and County, or Union of Counties, as in and by such fifteenth section is required by and between such Junior County and the County or Counties from which it is to be separated.] such Town [XXII. And be it enacted, That upon the erection of any such Town Liabilities of into a City as aforesaid, such City and the liberties thereof shall remain when so erected into a City. |