Page images
PDF
EPUB

Power to Head of Corporation to administer certain oaths.

Notwithstanding proclamation incorporating

creditors, such Member of such Municipal Corporation was liable to serve; and the vacancy thereby created shall be filled as in the case of the natural death of such Member of such Municipal Corporation.

CXIII. And be it enacted, That the head of every such Municipal Corporation, or, in his absence, the Chairman thereof, shall have power to administer an oath or oaths, affirmation or affirmations, to any person or persons concerning any account or other matter which shall be submitted to such Municipal Corporation.

CXIV. And be it enacted, That for and notwithstanding the issue of any Proclamation under the authority of this Act for the incorporation of any Village or for the erection of any Village into a Town, or of any then existing to Town into a City, the Municipal Corporation existing in or having au

Villages, &c.,
Municipal
Corporations

continue to exercise their

powers for a certain time.

16 Vic., cap. 181, sec. 23.

Governor in Council may extend limits of a

a new division thereof into

Wards.

thority over such Village or Town, or the Hamlet or place of which by such Proclamation such Village, Town or City shall be made to consist immediately previous to the first day of January next after the end of three calendar months from the teste of such Proclamation, and all and singular the members, officers and servants of the same respectively, shall upon, and from such last mentioned first day of January, until the fourth Monday of the same month, continue to have, exercise and perform all and singular the Municipal and other powers, functions and duties which, immediately previously to such last mentioned first day of January, shall or may by law have been vested in them respectively, to all intents and purposes as if such Proclamation had not been issued.

[XXIII. And be it enacted, That the following section shall be substituted for the repealed one hundred and fifteenth section of the Act first above cited, (62 Vic., cap. 81), and shall be read as part of the said Act: "And be it enacted, That it shall and may be lawful for the Governor of this Province by any Order in Council, made upon the Village or make petition of the Municipal Corporation of any Town or Village, by Proclamation under the Great Seal of the Province, to add to the boundaries of such Town or Village, and to make a new division of the Wards of any such Town, and to alter the boundaries and number ! of such Wards, but so that there be not less than three Wards therein, and that no Ward shall by such Division contain less than the number of inhabitants contained in the least populous Ward of such Town by the first census taken after the first erection of such Town: and the first election, under such enlargement or new division of such Town or Village, shall take place on the first Monday of January next after the end of three calendar months from the teste of such Proclamation.]

Municipal
Corporation not

CXVI. And be it enacted, That nothing herein contained shall be to grant exclusive construed to authorize any Municipal Corporation erected under the authority of this Act, to give any person or persons an exclusive right or privilege to exercise within the locality over which it has jurisdiction, any trade or calling concerning which such Municipal Corporation may

rights to exercise any trade or calling.

be hereby empowered to make regulations, or to require that a license to exercise the same be taken from such Municipal Corporation or any Officer thereof, or to impose any special tax on any person or persons exercising the same except only such reasonable fee, not in any case exceeding five shillings, as may be necessary for remunerating the proper Officer for issuing or granting to any such person a certificate of his having complied with any such regulations as aforesaid; Provided Proviso as to always, nevertheless, that nothing herein contained shall affect the right of any Municipal Corporation to the exclusive privilege of any ferry now vested in the present Corporation of such County, City, Town or Village.

Ferric

When a Police

Town or City,

[CXVII. And be it enacted, That whenever there shall be a Police 13 & 14 Vic., cap. Magistrate for any Town or City erected or to be erected under 61, sec. 1. the authority of this Act, the power of granting licenses to inn-keepers, Magistrate shall and the keeping of ale and beer houses within such Town or City, or be appointed in a the liberties thereof, under such By-laws as may be made for that pur- powers of pose by the Municipal Corporations thereof, [shall be vested in and granting tavern belong to such Police Magistrate, and whenever there shall be no him. Police Magistrate for any such Town or City, such power under such By-laws as aforesaid, shall be vested in and belong to the Mayor of such Town or City.]

licenses vested in

disorderly houses,

the Mayor or Po

Aldermen or

Peace; or Town

[CXVIII. And be it enacted, That the Mayor or Police Magistrate, Tavern-keepers with any two Aldermen or Justices of the Peace for any Town keeping or City erected or to be erected under the authority of this Act, to be tried before [and the Townreeve of any Township or Village incorporated or to be lice Magistrate, incorporated under the same, with any two Justices of the Peace for and two the County or Union of Counties within which such Township or Justices of the Village shall be situate, shall have full power and authority upon Reeve and two complaint made to them or any one of them, upon oath of Justices. riotous any or disorderly conduct in any Inn, Tavern, Ale or Beer House, situate within such Town or City or the liberties thereof, or within such Township or Village respectively, to enquire summarily into the matter of such complaint, and for such Mayor, Police Magistrate or Townreeve to summon the keeper of such Inn, Tavern, Ale or Beer House, to appear to answer such complaint, and thereupon it shall be lawful for such Mayor or Police Magistrate with any two of such Aldermen or Justices of the Peace, or for such Townreeve with any two of such conviction. Justices of the Peace, to investigate the same, and to dismiss the same with costs to be paid by the complainant, or to convict the said keeper of such Inn, Tavern, Ale or Beer House of having a riotous or disorderly house, and to abrogate the license for keeping the same, or to suspend the benefit of the same for any period not exceeding sixty days, with or without costs, as in their discretion may seem just;] and during the period of such suspension, such Inn or Tavern-keeper shall lose all the powers, privileges and protection that would otherwise have been afforded him by his said license.]

Punishment on

CXIX. And be it enacted, That in every case in which an oath is Affirmation

K

allowed in certain

taking the oath.

cases instead of required to be administered or taken under this Act, the person required to take such oath, if by law permitted to affirm instead of swear in judicial cases in Upper Canada, shall be entitled and required to make solemn affirmation to the same effect as the oath which would otherwise be required.

14 & 15 Vic., cap. 109, sec. 36.

Assessors duties.

Assessment Rolls

what to contain.

[CXX. And be it enacted, That [in future it shall be the duty of all Assessors to state in their Assessment Rolls whether the persons therein named are freeholders or householders, or both, by having a What to contain. separate column for this purpose, and using the initial letters F. and H. to signify the same respectively; and that in future every person whose Collectors' Rolls, duty it shall be to prepare the Collector's Roll for any Township, Village or Ward in Upper Canada, shall be and he is hereby required to state upon such Roll, in proper columns appropriated to such purpose, whether the persons whose names shall appear thereon are freeholders or householders, and to designate in like manner the amount for which such person is rated in respect of real property, and the amount for which such person is so rated for personal property, as the same shall appear upon the assessment roll from which such Collector's Roll shall be prepared, as well as the amount to be collected from such persons respectively: Provided always, nevertheless, Firstly, That the occupant of a house built of logs, whether hewed or unhewed, shall be considered a householder within the meaning of this Section; and provided also, Secondly, that the occupant of any separate portion of a house having a direct communication with a Public Road or Street by an outer door, shall also be considered a householder within the meaning of the same.]

Voters to he

subjects of Her

full age.

CXXI. And be it enacted, That no person shall be qualified to vote, Majesty, and of or to be elected or appointed under this Act, who shall not at the time of his voting, election or appointment, be a natural-born or naturalized subject of Her Majesty, Her Heirs or Successors, and of the full age of twenty-one years.

Persons

appearing on

as qualified to vote, only required to take certain oaths.

CXXII. And be it enacted, That in all elections of Members of any Collector's Roll of the Municipal Corporations erected or to be erected under the authority of this Act, whether for Townships, Villages or Wards, each and every person whose name shall appear upon the Collector's Roll, or copy thereof, hereinbefore required to be procured for the purposes of such election, as having been taxed as a freeholder or householder in any such Township, Village or Ward, to an amount sufficient to entitle him to vote at such election, shall be entitled to vote at such election for the same, without any other enquiry and without taking any oath or affirmation other than that he is the person named in such Collector's Roll, that he is of the full age of twenty-one years, and is a naturalborn, or naturalized subject of Her Majesty, that he is resident within such Township, Village or Ward, and that he has not before voted at such election.

CXXIII. And be it enacted, That every person wilfully swearing or affirming falsely in any oath or affirmation required to be taken under this Act, shall be liable to the pains and penalties of wilful and corrupt perjury.

False swearing,

&c., perjury.

Officers author

CXXIV. And be it enacted, That every Returning Officer, or Returning person holding any election under this Act, shall have power to ized to administer administer all oaths or affirmations required to be administered or taken at any such election.

oaths.

Corporations, &c.

administer oaths

CXXV. And be it enacted, That the Heads of the several Munici- Heads of pal Corporations created or to be created under the authority of this authorized to Act, and also the Aldermen of the said Cities and the Justices of the in certain cases. Peace for the several Towns, and also every County, City, Town, Township and Village Clerk, appointed under the authority of this Act, shall have authority to administer any oath or affirmation required to be taken under this Act, and relating to the business of the place in which he shall hold such office as aforesaid, except where it is or shall be otherwise specially provided, or except where he shall be the party required to take such oath or affirmation; and it shall be the duty of oath, &c. any person administering such oath or affirmation to preserve the same, duly certified by him and subscribed by the party taking or making the same, and to deposit the same in the office of the County, City, Town, Township or Village Clerk, for the County, City, Town, Township or Village in which the said oath or affirmation shall be taken or made, and to the business and affairs of which it shall properly belong, within eight days after such oath or affirmation shall be administered, on pain of being deemed guilty of a misdemeanor.

Deposit of the

administered to

withe-ses in

boundaries, &C.

CXXVI. And be it enacted, That in all matters of dispute of and Oaths may be concerning roads, allowances for roads, side lines, boundaries or conces- parties and sions, pending, or in the course of investigation before the said Munici- disputes as to pal Corporations, it shall and may be lawful for the Head of each of the said Municipal Corporations to administer an oath or affirmation to any of the contending parties, and to any witness to be examined touching or concerning the said matters in dispute, and that any person falsely swearing or affirming in that behalf shall be guilty of wilful and corrupt perjury.

or appointed

[CXXVII. And be it enacted, That each Township, Village, Town 13 & 14 Vic, cap. or City Councillor, and each Township, County, Village, Town 64, sec. 1. or City Clerk, and each Justice of the Peace for any of the Towns Officers elected aforesaid, and each Assessor and Collector, and each Returning Officer under this Act to and Returning Officer's Clerk, and each Constable or other Officer, who shall be appointed under this Act, by any Municipal Corporation,

take oath of office.

The oath.

16 Vic., cap. 181, sec, 24.

As to the swear

ing (or affirming)

in of the Head of

any Municipal Corporation.

14 & 15 Vic., cap.
181, sec. 36.
An Oath of
qualification to
be taken by
certain Officers.

The Oath.

shall, before entering on the duties of his office, take and subscribe an oath or affirmation to the effect following, that is to say:

66

[ocr errors]

"I, A. B., do solemnly swear, (or affirm, where the party is entitled "to affirm instead of swear,) that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office of "(inserting the name of the office) to which I have been elected (or appointed) in this Township, (County, &c.) and that I have not received and "will not receive any payment or reward, or promise of such for the ex"ercise of any partiality or malversation, or other undue execution [of the "said office, So help me God;" and in default thereof shall forfeit the sum of Ten Pounds to the use of Her Majesty, Her Heirs and Successors, together with such costs of prosecution as shall be adjudged by the Court.] [XXIV. And be it enacted, That the following clause shall be substituted for the repealed one hundred and twenty-eighth section of the Act first above cited, and shall be read as part of the said Act: "And be it enacted, That the Head of every Municipal Corporation, erected or to be erected under the authority of this Act, shall be sworn or affirmed into office by the highest Court of Law or Equity, whether of general or only of local jurisdiction, which shall at the time be sitting within the limits of such Corporation, or by the Chief Justice or Justice or Judge of such Court at his Chambers, or if there be no such Court, Justice or Judge within the limits or at the place of meeting of such Corporation at the time, then before the Recorder or Police Magistrate or Mayor, (in case he shall not be the person to be sworn in) of such City or Town, or any Justice of the Peace of the County or Town in or over which such Corporation shall have jurisdiction, or in the case of Townships and Villages, by any Justice of the Peace for the County in which such Township or Village shall be situate, or in case there shall be no such Court, Justice, Judge or Justice of the Peace within such limits at the time, then before the Clerk of such Municipal Corporation, in the presence of a meeting of such Corporation which several Courts, Justices, Judges, Recorders and Police Magistrates, Mayors, Justices of the Peace, and Clerks, are hereby severally authorized and required to administer such oath or affirmation, and to give the necessary certificate of the same having been duly taken and subscribed."]

[CXXIX. And be it enacted, That every person who shall be elected or appointed under this Act, to any office which requires a qualification of property in the incumbent, shall, [before he shall take the oath of Office, or enter into the duties of such Office, take] and subscribe an oath or affirmation to the effect following, that is to say: "I, A.B., do swear (or affirm, where the party is entitled to affirm instead of swear) that I am a natural born (or naturalized) subject of Her Majesty; that I am truly and bona fide seized to my own use and benefit, of such an estate (specifying the nature of such estate, and if land, designating the same by its local description, rents, or otherwise) as doth qualify me to act in the office of (naming the office) for (naming the place for which such person is elected or appointed) according to the true intent and meaning of a certain Act of the Parliament of this Province, passed in the 12th year of the reign of Her Majesty Queen Victoria, chaptered 81, and intituled, An Act to provide by one general law, for the erection of Municipal Cor

« PreviousContinue »