fbe, shall be exempt from serving on Juries at any other than [the City 1 the limits or on the borders of which such City shall be situate. be by may Grand Jurors for Courts, and how XCVI. And be it enacted, That the Grand Juries of such Recorder's Who shall be Courts shall consist of twenty-four persons to be summoned by the High the Recorder's Bailiffs of each of the said Cities, under precepts sigued by the Record- summoned. ers or Aldermen elected to sit for such Recorders, in the same manner as Grand Juries of the Quarter Sessions are now or hereafter law summoned by the different Sheriffs in Upper Canada. XCVII. And be it enacted, That the Panels of the Petit Jurors for Petit Jurors to be such Courts shall consist of not less than thirty-six nor more than sixty High Bailiffs. Jurors, to be summoned by the High Bailiffs of each of the said Cities, under precepts signed by the Recorders or Aldermen elected to sit for such Recorders in the same manner as Petit Jurors of the Quarter Sessions now are or hereafter may be by law summoned by the different Sheriffs in Upper Canada. summoned by Grand and Petit XCVIII. And be it enacted, That such persons only residing in the who shall be said cities or the liberties thereof, shall be summoned to Grand and Petit Jurors of such Recorder's Courts as are at present or the compose Jurors. hereafter may be liable to be summoned as Grand and Petit Jurors respectively, in any Court of Upper Canada. Authority of XCIX. And be it enacted, That the respective Grand Juries shall have all the power and authority over offences committed in the said Grand Juries. cities and the liberties thereof, which Grand Juries for the General Quarter Sessions of the Peace in Upper Canada now have or hereafter may have. Sessions vested Courts. C. And be it enacted, That the like Process and Proceeding now Powers of Courl had in the said General Quarter Sessions of the Peace in criminal of Quarter cases, shall and may be used in the said Recorder's Courts when in Recorder's exercising criminal jurisdiction, and the like power to take recognizances and all other powers and duties incidental to such jurisdiction, and which the said Courts of General Quarter Sessions now or hereafter may possess by law, together with the powers granted by this Act, are hereby vested in the said Recorder's Courts as far as regards any offences, crimes and misdemeanors arising or committed within such ritics and the liberties thereof respectively. CI. And be it enacted, That upon the acquittal of any Defendant or on acquittal of a Defendants in any of the said Recorder's Courts, the Recorder or presi- to be paid out of defendant, costs there was for prosecution. City funds, when ding Alderman thereof, shall upon its appearing to the satisfaction of reasonable cause the said Court, that there was a reasonable and probable cause for such prosecution, order the costs thereof to be taxed by the Clerk of the said Court to be paid out of the City Funds. Recorder may CII. And be it enacted, That every such Recorder shall have the power of suspending from the duties of his Office any High Bailiff, from their duties. Chief Constable or Constable of the City of which he is the Recorder, 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 High Bailiff, Chief Constable or Constable, deserving of dismissal for the cause of such suspension, to the Common Council of such city, and the said Common Council shall thereupon in their discretion, dismiss such High Bailiff, 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 High Bailiff, Chief Constable or Constable shall be capable of acting in his said Office except by the express permission of the Recorder of such city in writing, nor shall such High Bailiff, Chief Constable or Constable be entitled to any salary or remuneration for the period of such suspension: Proviso as to a Provided always, that it shall be in the power of such Recorder to Bailiff, &c., pro tempore. 16th Vic., eap. 181, sec. 21. Appointment Proviso: not fo be appointed appoint some fit and proper person to act as High Bailiff, Chief Constable or Constable during the period of such suspension of any High Bailiff, Chief Constable or Constable as aforesaid. [XXI. And be it enacted, That the following section shall be substituted for the repealed one hundred and third section of the Act first above cited (12 Vic, cap. 81), and shall be read as part of the said Act: "And be it enacted, That the Clerks of the Common Councils of the said cities, or such other persons as the corporations of such cities shall appoint for that purpose, shall be Clerks of the Recorder's Courts, and perform the same duties and receive the same emoluments as now appertain to the Clerks of the Peace in Upper Canada."] CIV. And be it enacted, That the Recorders for the several cities which shall be or remain incorporated as such under the authority of this Act, shall be Barristers of Upper Canada of not less than five years' standing, and shall be appointed by the Crown during pleasure, and every such Recorder shall be ex officio a Justice of the Peace, in and for the City and Liberties thereof, for which he shall be appointed, and shall receive a salary of not less than two hundred and fifty pounds per annum, payable quarterly out of the Municipal Funds of such city: Provided always, nevertheless, that a Recorder shall not in the first instance be appointed for any of such cities until after the of the tion corporation of such city shall have communicated to the Governor except on petition General of this Province, through the Provincial Secretary thereof, Corporation. their opinion that such an Officer was required for the better conduct ve the M of the affairs of such city. Police Magistrate may be vested in CV. And be it enacted, That it shall and may be lawful for any offices of such Common Council, in any such communication, to declare their Recorder and opinion that the said offices of Recorder and Police Magistrate may the same person. be vested in the same person for some time thereafter, in every which case the same person shall be appointed to both of such offices, and the said offices shall remain united in such person and his successors until such Common Council shall have further communicated to the Governor General of this Province, their opinion that such offices should no longer continue united; from which time the same shall be held separately: Provided always, that during the union of such offices the Proviso as to person holding the same shall not be entitled to any other than the case. alary herein provided for the office of Recorder. salary in such Councils to be CVI. And be it enacted, that the Common Council of such City Powers of City shall have all and singular the powers and authority within such City similar to those and the Liberties thereof, which the Town Council of any Town of Town incorporated under the authority of this Act, may or can lawfully use or exercise therein. Councils. By-laws for CVII. And be it enacted, That the Common Council of each of the City Councils Cities which shall be or remain incorporated under the authority of may make this Act, shall moreover have power and authority to make By-laws for each of the following purposes, that is to say: City Hall, Gaol, Firstly. For erecting and establishing, and also providing for the Erection of a proper keeping of a City Hall, Court House, Gaol, House of Correction, House of and House of Industry, in and for such City and the Liberties thereof, and appointing the Inspectors of any such House of Industry. erection of Secondly. For regulating, in their discretion, the erecting of build- Regulating the ings and preventing wooden buildings and wooden fences from being wooden erected in such City. buildings; moneys. Thirdly. For borrowing under the restrictions and upon the security Borrowing bereinafter mentioned all such sums of money as shall or may be necessary for the execution of any city work within their jurisdiction, and the scope of the authority by this Act conferred upon them. Levying money Fourthly. For raising, levying, and appropriating such moneys as may be required for all or any of the purposes aforesaid by means of a by rate. rate to be assessed equally on the whole rateable property of such City, Carrying into execution powers according to any law which shall be in force in Upper Canada, concerning rates and assessments. Fifthly. For making all such laws as may be necessary and proper vested in them. for carrying into execution the powers herein vested or hereafter to be vested in the Corporation of such City or in any department or office thereof, for the peace, welfare, safety and good government of such City 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 neverthless, firstly, that no person shall be subject to be fined more 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 City; And provided also, secondly, 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. Proviso as to fines for breach of By-laws; Or for not accepting office. Repealing or amending By-laws. 16th Vic., cap. 181, sec. 16. Persons not taxed to a certain amount to pay commutation for Sixthly. 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 City. [XVI. And be it enacted, That if the Taxes assessed in any year upon any male inhabitant of any City or incorporated Town or Village, of the age of twenty-one years and upwards, and not over sixty years of age, (and not otherwise exempted by law from performing Statute Labour. Statute Labour, except by being rated on the Assessment Roll of such City, Town or Village,] do not amount to ten shillings currency, he shall instead of such labour be taxed ten shillings yearly, to be levied and collected in the same manner as other local Taxes, to the use of the Corporation of the places.] Who shall be the Heads of the different corporations. see. 22. VL MISCELLANEOUS PROVISIONS. CVIII. And be it enacted, That of the Municipal Corporations erected or to be erected under the authority of this Act, the Warden of each County shall be the Head of the Municipal Council or Corporation of such County, the Mayor of each City and Town shall be the Head of the Town or Common Council or Corporation of such City or Town respectively, and the Townreeve of each Township and Village, the Head of the Municipality or Corporation of such Township or Village respectively. 16 Vic, cap. 181, [XXII. And be it enacted, That the following section shall be substituted for the repealed one hundred and ninth section of the Act first above cited, (12th Vic. Cap. 81,) and shall be read as part of the said to be Justices of Absence of more than three Act. "And be it enacted, That the Head of every such Municipal Heads of Municipalities, Corporation as aforesaid, and the Town Reeve of every Town and the Reeves and Deputy Town Reeve of every Township and Town, shall ex officio be Deputy Reeves Justices of the Peace in and for the County within or on the borders the Peace. of which the Township, Village, Town or City, to which they shall respectively belong, shall be situate, and shall have within every such County, as well as within the limits of the Jurisdiction of the Municipal Corporation over which such person presides, or to which they shall respectively belong, all and singular the powers and jurisdiction as well civil as criminal which belong to the office of Justice of the Peace.] CX. And be it enacted, That in the event of the absence of the Head of any such Municipal Corporation from the duties of his office for a period exceeding at one time three calendar months, without having been first authorized so to absent himself by a resolution of such Municipal Corporation, he shall vacate his office; and in such case, it shall and may be lawful for such Municipal Corporation, at a special meeting thereof for that purpose, to be convened within three days after such office shall become vacant, to elect from among themselves a successor Vacancy how to such Head of such Municipal Corporation, who shall hold office for the remainder of the time of service of his immediate predecessor, which Head of such Corporation shall be sworn into office as is in and by this Act provided. months at a time to vacate the without leave, office. filled. Heads of CXI. And be it enacted, That it shall and may be lawful for the Resignation of Head of such Municipal Corporation, at any time, by and with the con- Corporations. sent of such Municipal Corporation, to resign his office; and his successor shall in such case be elected within the time and in the manner, and for the same period as is provided in the next preceding section of this Act. A Member of any Corporation may [XXXVIII. And be it enacted, That it shall and may be lawful for 16 Vic., cap. 181, any Member of the Municipal Corporation of any City, Town, Town- sec. 38. ship or incorporated Village in Upper Canada at any time, by and Municipal with the consent of the majority of the Members of such Municipal resign his seat by Corporation, signified by such consent being entered on the Minutes of consent of the majority of such their proceedings, to resign his situation as a Member of such Corpora- Corporation. tion, and the vacancy occasioned by such resignation shall be filled as in the case of the natural death of such Member.] Corporations insolvent to cease CXII. And be it enacted, That if any of the Members of any such Members of Municipal Corporations, erected or to be erected under the authority of becoming this Act, shall be declared a Bankrupt, or shall apply to take the benefit to be Members. of any Act for the relief of Insolvent Debtors, or shall compound by deed with his creditors, then, and in every such case, such person shall thereupon immediately become disqualified, and shall cease to be a Member of such Municipal Corporation, for the residue of the time for which upon such bankruptcy, insolvency, or composition with his |