Eporations, and the establishment of Regulations of Police, in and for the several Counties, Cities, Towns, Townships and Villages in Upper Canada; as amended by the thirty-sixth section of an Act, chaptered 109, passed in the 15th year of Her Majesty's reign, and entitled An Act to amend the Upper Canada Municipal Corporations' Act of 1849, by adapting the same to the late change in the Upper Canada Assessment Laws, and for other purposes relating to the Municipal Corporations of that section of the Province. So help me God."] refusal to take &c. CXXX. And be it enacted, That each and every qualified person Penalty for duly elected or appointed to be a Police Trustee of any police village, office or oaths, or Councillor or Townreeve of any Township or Village, or a Councillor, Alderman, or Mayor of any Town or City, or a Township, Village, Town, or City Assessor or Collector, who shall refuse such office, or who shall refuse or neglect to take the oath or affirmation of office and that of qualification, under this Act, within twenty days after he shall be so elected or appointed, and have had notice of such election or appointment, and every person duly authorized to administer such oath or affirmation who shall refuse to administer the same when such administration is reasonably demanded of him, shall, upon conviction thereof before any Court of competent jurisdiction, forfeit and pay not more than twenty pounds, and not less than two pounds, at the discretion of the Court, and to the use of Her Majesty, Her Heirs and Successors, together with such costs of prosecution as shall be adjudged by the Court: Provided always, that no person who shall have served in Proviso as to any of the said offices for the year next before any such election or served in such appointment, shall be obliged to serve or be sworn into the same or any other of the said offices for the year succeeding such service. persons having offices. CXXXI. And be it enacted, That all persons over sixty years of Certain persons exempted from age, all members of the Legislative Council, and of the Legislative serving in any Corporate Office. Assembly, all Officers and others in the service of the Crown, either civil or military on full pay, all Judges, Sheriffs, Coroners, Gaolers, and Keepers of houses of correction, all persons in Priest's orders, Clergymen and Ministers of the Gospel of any denomination, all members of the Law Society of Upper Canada, whether Students or Barristers, all Attorneys and Solicitors in actual practice of their professions, all Officers of Courts of Justice, all members of the Medical profession, whether Physicians or Surgeons, and all Professors, Masters, Teachers, and other Members of any University, College, or School in Upper Canada, and all Officers and Servants thereof, and all Millers and Firemen belonging to any regular Fire Company, shall be and are absolutely free and exempt from being elected or appointed to any Corporate Office whatsoever. [XXV. And be it enacted, That the following clause shall be sub- 16 Vic., cap. 181, sec. 25. disqualified to be Aldermen or Conncillors. Certain persons stituted for the repealed one hundred and thirty second section of the Act first above cited, (12th Vic., cap. 81,) as amended (14th and 15th Vic., cap. 109, sec. 36,) and shall be read as part of the said Act; "And be it enacted, That no Judge of any Court of Civil Jurisdiction, no Naval or Military Officer on full pay, and no person receiving any allowance from the Township, County, Village, Town or City, except in the capacity of Town Reeve or Deputy Town Reeve, or Township Councillor, or in capacities incident thereto, and no person having by himself or partner any interest or share in any contract with or on behalf of the Township, County, Village, Town or City in which he shall reside, shall be qualified to be or be elected Alderman or Councillor for the same or for any Ward therein.] Who may not be an Assessor, and an Assessor. CXXXIII. And be it enacted, That no person shall be qualified to qualification of be appointed Assessor for any Township, Village or Ward, who shall be a Councillor of such Township or Village, or of the Town or City in which such Ward shall be situate, or an Alderman or Councillor of the City in which such Ward is situate, nor shall any person be appointed such Assessor unless he shall, at the time of his election or appointment, be seized or possessed to his own use, of property sufficient to qualify him to be elected a Councillor for such Township or Village, or the Town or City in which such Ward shall be situate. One Assessor may be appointed CXXXIV. And be it enacted, That nothing in this Act contained, for more than one shall prevent any person from being appointed Assessor or Collector for more than one Ward in any City or Town. Ward. Bec. 26. Qualification of Exception of 10 Vic., cap. 181, [XXVI. And be it enacted, That the following section shall be substituted for the repealed one hundred and thirty-fifth section of the Act first above cited, (12th Vic., cap. 81,) and shall be read as part of the said Act: "And be it enacted, That each and every Justice of the Peace for any of the said Towns, shall be qualified in the same amount of property, and shall take the same oaths as are required of other Justices of the Peace. But no Warden of any County, Mayor, Municipalities, Recorder, Police Magistrate, or Alderman of any City, Mayor or Police Recorders, &c. Magistrate, Reeve or Deputy Reeve of any Town, Town Reeve, or Deputy Town Reeve of any Township or Village, shall require any property qualification to enable him lawfully to act as a Justice of the Peace, nor shall any other oath be required of him than his oath of office as such Warden, Mayor, Recorder, Police Magistrate, Alderman, Town Reeve or Deputy Town Reeve, and the oath of qualification for such office; any law to the contrary notwithstanding.] Appointment of one or more CXXXVI. And be it enacted, That one or more Coroners shall and Coroners for each may be appointed for every City and Town that shall be or continue incorporated as such under the authority of this Act. City and Town. Police Trustees, CXXXVII. And be it enacted, That the Police Trustees of every unincorporated Police Village, and the Members of the Municipal any future Act. Corporation of every Incorporated Village, and of every Township, Town and City in Upper Canada, shall be Health Officers within the jurisdiction of such Police Villages or Municipal Corporations, within and under the provisions of the Act of the Parliament of the late Province of Upper Canada, passed in the fifth year of the reign of His late Majesty King William the Fourth, intituled An Act to promote the Public Health, and to guard against infectious diseases in this Province, and under any Act that may be hereafter passed in the present or any future Session of the Parliament of this Province for the like purpose: Provided always, nevertheless, that the Municipal Corporation Proviso: they of any of such Townships, Villages, Towns or Cities shall and may by may delegate a By-law to be passed for that purpose, delegate the powers hereby such." conferred upon them, either to a Committee of their own Members, or to some of their own Members and others, or wholly to persons who are not Members of such Corporation, as in their discretion they shall think best. their powers as respect to existing CXXXVIII. And be it enacted, That the places already established Provision with by competent authority as markets or market places in the several Market places. Villages, Towns and Cities in Upper Canada, shall be and remain markets and market places with all the privileges attached thereto until otherwise directed by competent authority in that behalf, and all market reservations or appropriations which by Act of Parliament or otherwise shall have been and shall then continue vested in the Municipal authority of any such Village, Town or City, or in Trustees for their use and benefit at the time this Act shall come into force, shall be and the same are hereby vested in the Municipal Corporation of such Village, Town or City erected under this Act. property beyond limits of Towns, which shall, with jurisdiction, be such Towns. CXXXIX. And be it enacted, That notwithstanding anything herein corporations contained, it shall and may be lawful for the Municipal Corporation of prayer bever any Town or City to purchase, have and hold, and at their pleasure to &c., for sell, dispose of and convey such landed property beyond the limits of Industrial Farms, such Town or City and the liberties thereof as shall or may, in their reactio judgment, be necessary for the purpose of an Industrial Farm for such deemed within Town or City, which Industrial Farm with all the buildings, erections, and improvements so to be purchased as aforesaid, shall, with regard to jurisdiction only, be deemed and taken to be within the limits of such Town in the case of Towns, and within the Liberties of such City, in the case of Cities, and within the jurisdiction of such Town or City for all such purposes. CXL. And be it enacted, That it shall and may be lawful for the Mayor, &c., may Mayor, Recorder, Police Magistrate, or any two Aldermen or Justices of commit to hard the Peace for any Town or City erected or to be erected under the Industrial Farms. labour on Corporations may purchase cemeteries. authority of this Act, to commit to hard labour at, or send to such Industrial Farm, under such regulations as shall be established for the government thereof, any or such description of persons as may by the By-laws of the Corporation of such Town or City, from time to time, be adopted or declared expedient or necessary. CXLI. And be it enacted, That notwithstanding any thing hereinreal property for before contained, it shall and may be lawful for the Municipal Corporation of any Village, Town or City to purchase, have and hold such and so much real property lying as well beyond as within the limits of such Village, Town or City, or the liberties thereof, as in their judgment shall or may from time to time be or become necessary for the purpose of one or more public Cemeteries for the interment of the Proviso: the title dead: Provided always, nevertheless, firstly, that the title to every obtained under a such Cemetery shall be obtained or accepted by such Municipal Cor poration under the authority of a By-law of such Corporation to be passed for that purpose, in which By-law such property shall in express terms be appropriated for the purpose of such Cemetery, and no other: Proviso: no such And provided also, secondly, that it shall not be in the power of any to cemetery to be By-law. By-law to be repealed, &c. Proviso: such cemeteries, part such Municipal Corporation, at any time thereafter, to repeal any such By-law, or to make or suffer to be made any other use of the property so obtained or accepted than for the purpose of such Cemetery: And provided also, thirdly, that every such Cemetery, although lying beyond though out of the the limits of such Village, Town or City as settled by this or any other Town, &c., to be Act of Parliament, or by any Proclamation to be issued under the authority of the same, shall, from the time that the title shall become vested in such Corporation, cease to be a part of the Township within which it shall lie, and shall become and be a part of such Village, Town or City, to all intents and purposes as if such Cemetery lay within the limits of such Village, Town or City as settled by such Act of Proclamation. thereof, &c. Corporations of purchase proper ty beyond the limits of such cities, &c., for powder magazines. CXLII. And be it enacted, That notwithstanding any thing herein Cities, &c., may contained, it shall and may be lawful for the Municipal Corporation of any Village, Town or City, to purchase, have and hold, and at their pleasure to sell, dispose of and convey such landed property as well beyond as within the limits of such Village, Town or City or the Liberties thereof, as shall or may in their judgment be necessary for the purpose of one or more magazines for the deposit and safe-keeping of gunpowder, so as to prevent danger therefrom to any such Village, Town or City. Two Auditors to be appointed by CXLIII. And be it enacted, That every Municipal Corporation every Municipal erected or to be erected under the authority of this Act, at the first Corporation. shall not be Auditors. meeting of such Corporation in each year next after the Head of such Municipal Corporation for such year shall have been elected and sworn into office, shall appoint two persons to be and to be called Auditors of such Corporation, one of whom shall be appointed on the nomination of the Head of such Corporation, and the other in the same manner as other Municipal Officers are appointed: Provided always, firstly, that no person shall be appointed such Auditor who shall be a Member of Proviso: who such Corporation or the Clerk or Treasurer thereof, or who shall have appointed been such Member, Clerk or Treasurer for the preceding year, nor any person who then shall have had for such preceding year, or shall then have directly or indirectly by himself or in conjunction with any other person, any share or interest in any contract or employment with, by or on behalf of such Corporation; And provided also, secondly, that no Auditors to take person appointed an Auditor for such Corporation shall be capable of acting as such, until he shall have previously made and subscribed before the Head of such Corporation, an oath or affirmation in the words or to the effect following, that is to say: Proviso: an oath. “I, A. B., having been appointed to the office of Auditor for the The oath. "Municipal Corporation of do hereby promise and swear, “that I will faithfully perform the duties of such office according to the "best of my judgment and ability; and I do swear and declare, that I "had not directly or indirectly any share or interest whatever in any ❝contract or employment with, by, or on behalf of such Municipal Cor"poration during the year preceding my appointment, and that I have not any contract or employment for the present year. So help me "God."] examine all To publish a statement of expenditures and CXLIV. And be it enacted, That it shall be the duty of such Auditors to Auditors to examine, settle and allow or report upon all accounts which accounts against or concerning may be chargeable upon or may concern such Corporation, and which Corporation. may relate to any matter or thing under the control of, or within the jurisdiction of such Corporation for the year ending on the thirty-first day of December preceding their appointment as such Auditors; and to publish [an abstract of the receipts and expenditures and liabilities of such Corporation in some public newspaper published within the jurisdiction of such Corporation, or in any other manner that such Corporation may by By-law direct,] and to file their report thereon in duplicate in the Office of the Clerk of such Municipal Corporation, which they shall do in at least one month after their appointment, and from thenceforth one of such duplicate reports shall at all seasonable hours be open to the inspection of any inhabitant of such Township, County, Village, Town or City, with power to take by himself, or his L abilities of Corporation. And file a duplicate report thereon with the Clerk of the |