Page images
PDF
EPUB

from its course between such Counties or such County and City, or along the bounds of such Town or Village, and in some parts thereof lie wholly within one or the other of such Counties, City, Town or Village, and no By-law to be passed by any of such Municipal Corporations with respect to any such road or bridge, for any of the purposes aforesaid, shall have any force or effect whatsoever until the passing of a By-law in similar or corresponding terms as nearly as may be by the other of such Corporations.

XL. And be it enacted, That the Municipal Council of each County Audit of acshall, upon the report of the Auditors of the County, finally audit and

counts charge

able against allow all accounts chargeable against the County : and in case any such County. charges shall not be specially regulated by law, it shall be their duty to allow for the same such sums as may be just and reasonable ; and they shall in like manner also audit aud allow the accounts of the County

Aud of Treasur

ers and Treasurer, and of the Collectors of the several Townships within their Collectors. County, so far as the accounts of such Collectors shall relate to County purposes.

XLI. And be it enacted, That the Municipal Council of each County Councils may shall have power and authority to make a By-law or By-laws for each, for certain

make By-laws all or any of the following purposes, that is to say :

purposes. Firstly. For the purchase and acquirement of all such real and per- Purchase of real sonal property, within the County, as may be required for County pur- Property. poses, and for the sale and disposal of the same when no longer required.

Secondly. For the erection, preservation, improvement or repair of a Erection, &c., of Shire Hall, Court House, Gaol, House of Correction, House of Industry,

rrention House of industry Shire Hall and

other county and of all other Houses and other buildings required by or being upon buildings. any land acquired by or belonging to such County as a Corporation.

Thirdly. For the purchase and acquirement of such real property as Erection, &c.,of may be required for County Grammar School purposes, and for the Ho

Houses, &c. erection, preservation, improvement and repair of County School Houses for the use of Grammar Schools in such parts of the County, or within any City or the liberties thereof, lying within the boundaries of such County, as the wants of the people most require, for the sale and disposal of the same when no longer required, and for making such provision in aid of such Grammar Schools as they may deem expedient for the advancement of education in the same.

Fourthly. For making some permanent provision for defraying, out Making a proof the public funds of such County, the expense of the attendance at the vision

expenses of seat of the University of Toronto, and of that of Upper-Canada College, Pupils attending and Royal Grammar School there, of such and so many of the Pupils of in the Universi

ty of Toronto, the different Public Grammar Schools of such County, as shall be desi

&c., whose rous of, and in the opinion of the respective Masters of such Grammar parents are unaSchools shall be of competent attainments for entering into competition ble to incur such

expenses. for any of the Scholarships, Exhibitions or other similar Prizes offered by such University or College to competition amongst such Pupils, but which Pupils from the inability of their Parents or Guardians to incur the necessary expense of such attendance, might otherwise be deprived of the opportunity of competing for the same. Fifthly. For the endowment of such and so many Fellowships, Schol- Endowment of

Fellowships in arships, Exhibitions and other similar Prizes in the University of Toron- the University of to, or in Upper Canada College and Royal Grammar School there, to be Toronto, &c. open to competition amongst the Pupils of the different public Grammar Schools of such County, as they shall deem expedient for the encouragement of Learning amongst the youth of such County.

Sixthly. For the appointment of the Inspectors of the County House of Appointment of Industry and of such and so many Officers as may be necessary for Inspectors of

cers.

Proviso.

House of Indus- carrying into effect any of the provisions of this Act, or of any other Act try.

of the Legislature of this Province, or of the late Province of Upper Canada, the erection or maintainance of such Houses of Industry or of any By-law or By-laws of the Municipal Council of such County respecting the same.

Seventhly. For the settling the remuneration to all County Officers in Remuneration of County Offi all cases where the same is not or shall not be settled by Act of the

Legislature, and for providing for the payment of the remuneration by such Act of the Legislature or by the By-laws of the said Municipal

Council provided and appointed for all County Officers. Regulation of Eighthly. For regulating all Ferries between any two places in such Ferries, &c.

County, and for establishing the rates of pay or hire to be taken by the owners or conductors of the boats or vessels employed on such Ferries, but no By-law for any such purpose shall have any force or effect until the same shall have been assented to by the Governor of this Province

in Council. Remuneration of Ninthly. For settling and paying a rate at which the Townreeves and Townreeves. Deputy Townreeyes forming such Municipal Council shall be remune

rated for their attendance at such Council: Provided always, nevertheProviso as to less, that no By-law to be passed for this latter purpose after the year of commencement of such By-law. Bew. of our Lord, one thousand eight hundred and fifty, shall be valid, unless

the same shall by the terms of it be limited to take effect two whole

years at least from the passing thereof. Erection, &c., of Tenthly. For the erection, construction or repair of such drains and drains.

water courses as the interests of the inhabitants of such County at large shall in the opinion of the Municipal Council require to be so erected,

constructed or repaired at the public expense of such County. Opening, making Eleventhly. For the opening, constructing, making, levelling, pitchand repairing ing, raising, lowering, gravelling, macadamizing, planking, repairing, roads, &c.

planting, improving, preserving and maintaining of any new or existing highway, road, street, side-walk, crossing, alley, lane, bridge or other communication running, lying or being within one or more Townships or between two or more Townships of such County, or between such County and any adjoining County or City, or on the bounds of any Town or Incorporated Village lying within the boundaries of such County, as the interests of the inhabitants of such County at large shall in the opinion of the Municipal Council require to be so opened, constructed, made, widened, changed, diverted, levelled, pitched, raised, lowered,

gravelled, macadamized, planked, repaired, planted, improved, preAgreeing with served or maintained at the public expense of such County; and for enMunicipalities tering into, performing and executing any arrangement or agreement as to such work.

with the Municipal Corporation of any such adjoining County.or Counties, City or Cities, or of any such Town or incorporated Village as aforesaid, for the execution of any such work at the joint expense and for the joint benefit of the Municipal Corporation of such Counties, Cities, Towns or Villages and the people they represent respectively and for the stopping up, pulling down, widening, altering, changing or

diverting of any such highway, road, street, bridge or communications Proviso as to

within the same; Provided always, nevertheless, that no such new, encroachments widened, altered, changed or diverted highway, road, street, side-walk, on certain kinds

crossing, alley, lane, bridge or other communication, shall be laid out of property.

so as to run through or encroach upon any dwelling house, barn, stable, or outhouse, or through any orchard, garden, yard or pleasure ground,

without the consent in writing of the owner thereof. Protection of Twelfthly. For the protection and preservation of any timber, stone, timber, &c.

sand or gravel growing or being upon any allowance or appropriation · for any of such County roads,

- Thirteenthly. For regulating the driving and riding on or over any Regulation of County bridge erected or to be erected under the authority of such Mu- driving on

Bridges. nicipal Council.

Fourteerithly. For preventing the immoderate riding or driving of hor- Prevention of ses or cattle in any of the public highways in such County, whether immoder

immoderate

driving on such highways be Township or County roads.

Highways, &c. Fifteenthly. For making regulations as to pits, precipices and deep Regulations as waters, or other places dangerous to travellers in the immediate neigh- 10 Pits, &c., near

Roads. bourhood of any County Road or Bridge.

Sixteenthly. For granting to any Town, Township or Village, in such Granting loans County, by way of loan or otherwise, such sum or sums of money in aid to Towns,

Townships, of such other moneys as may be raised by the Municipal Corporation of de in the such Town, Township or Village, or by voluntary subscription, for or to- County. wards the making, opening or erecting of any new road or bridge in such Town, Township or Village in cases where such Municipal Council shall deem such Town, Township or Village work of sufficient importance to justify the affording such assistance to it, with a view to the general interest possessed by the County at large in such Town, Township or Village, and yet where such work is not of a character, in their opinion, to justify them, in at once assuming the same as a County work to be executed wholly at the expense of the County at large.

Seventeenthly. For attaching any new Township or Townships within Attaching such County not having a sufficient population for a separate Municipal Townships

Townships to organization of their own under the provisions of this Act, to such of the older Townships of such County as they shall deem best for the convenience of the inhabitants of such new Township or Townships, and for thus forming them into a Union of Townships for the purpose of such Municipal organization.

Eighteenthly. For regulating the manner of granting to associated Granting licen. Joint Stock Road or Bridge Companies, licenses to proceed with any ses to Road or roads or bridges within the jurisdiction of such Municipal Council, and Bridge Coin- .

panies. the manner of afterwards ascertaining and declaring according to law the completion of the works undertaken by such Companies respectively, so as to entitle such Incorporated Companies to levy tolls upon such works, and of all examinations, enquiries and investigations necessary for the proper, efficient and judicious exercise of such power.

Nineteenthly. For taking stock in or lending money to any Incorpora- Taking Stock in ted Road or Bridge Company to which such Municipal Council 'shall Road or Bridge

Companies. have granted a license, to proceed with such work in accordance with the requirements of the Statute in that behalf, or in or to any other such Incorporated Road or Bridge Company in whose road or bridge the inhabitants within the jurisdiction of such Municipal Council shall in the opinion of such Municipal Council be sufficiently interested to warrant them in taking such stock or lending such money for the advancement of such enterprize; all dividends, interests and proceeds to arise or be As to Dividends,

interest, &c. received from such stock or loan being at all times applicable to the inter general purposes of such Municipal Council, and to go in reduction of the rates required to be levied for such purposes.

Twentiethly. For the imposing fines not exceeding in any case ten Fines. pounds, currency, for the breach of all or any of the By-laws or ReguJations of such Municipal Council.

Twenty-firstly. For borrowing under the restriction and upon the se- Borrowing curity hereinafter mentioned, all such sums of money as shall or may moneys. be necessary for the execution of any County work within their jurisdiction and the scope of the authority by this Act conferred upon them.

laws.

[ocr errors]
[ocr errors]

Levying moneys Twenty-secondly. For raising, levying, collecting and appropriating

such moneys as may be required for all or any of the purposes aforesaid, either by way of tolls to be paid on any County Bridge, road or other public work, to defray the expense of making, repairing or maintaining the same, or by means of a rate or rates to be assessed equally on the whole rateable property of such County liable to assessment, according to any law which shall be in force in Upper Canada concerning Rates

and Assessments. Repealing or Twenty-thirdly. For the repeal, alteration or amendment from time to amnending By

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 County,

III. POLICE VILLAGES. County Munici XLII. And be it enacted, That it shall and may be lawful for the pal Councils may define

Municipal Council of any County, by By-law to be passed upon the limits of villages petition of any number of the inhabitants of any unincorporated Village or

Hamlet, situate in such County, or for the Municipal Councils of any two or more Counties, upon any such petitions from the inhabitants of any unincorporated Village or Hamlet situate partly within one of such Counties and partly within another or others of them, to define the limits within which in respect to such Village or Hamlet there is, in the opinion of such Municipal Council or Municipal Councils, a resident population sufficient to make it expedient that the provisions of this Act for the regulation and Police of unincorporated Villages should be ap

plied to such Village or Hamlet, and in every such By-law such MuniAnd fix place

cipal Council or Councils, shall fix the place in such Village or Hamlet, of first election,

where the first annual election of Police Trustees, under the authority of this Act, shall be held for such Village, the person who shall preside at such meeting, and the hour at which such meeting shall be opened

for that purpose. Meeting for XLIII. And be it enacted, That on the second Monday in January election of Police Trustees.

next after the end of three calendar months from the passing of such By-law or By-laws, as the case may require, and annually, on the second Monday of January in each and every year thereafter, until such Village shall be incorporated under the provisions of this Act, it shall and may be lawful for the resident freeholders and householders of such unincorporated Village to assemble at the time and place appointed for

that purpose, and to proceed to elect from among themselves three Appointment of Police Trustees for such Village, which three Trustees, or any two of Inspecting Trustee.

them, by a Memorandum in writing under their hands to be filed with the Township Clerk of the Township in which such Village is situate, or when such Village is situate within two or more Townships, then 10 be filed with the Township Clerk of some one of such Townships, shall within a reasonable time after the election, nominate and appoint one

of their number to be the inspecting Trustee of such Village. Towuship

XLIV. And be it enacted, That it shall be the duty of the Collector Collector to and Collectors of the Township or Townships within which such unincordeliver a copy

porated Village shall be situate, whether appointed under this Act or

before the passing thereof, to deliver to the person appointed to preside

ders at any such election, or to any person by him appointed to receive the presiding at the same, a fair copy of the Collector's Roll made up next before such elecelection.

tion, so far as such Roll contains the names of the resident freeholders

and householders of such unincorporated Village, with the amount for Attestation of which they shall be assessed upon such Rolls; which copy shall be such copy. verified by affidavit or affirmation appended to, or endorsed upon such

copy, and sworn or affirmed before any Justice of the Peace for the County, to the effect, that the same is a true copy of such Roll, so far as

of the roll of
freeholders
and householders
to the person

relates to the unincorporated Village for which such election is to be held, and that it includes the names of all the resident freeholders and householders in such unincorporated village, and the amount for which they shall have been assessed as entered upon such Roll, and the persons entitled to vote or be elected at such election shall be those whose names are upon the said Roll or Rolls thus verified, and who shall continue at the time of the election to be resident in such Village : Provided Proviso as to

Tenants of parts always, firstly, that the holder or occupier of any separate portion of a

of houses. house having a distinct communication with a road or street, by an outer door shall be considered a householder within the meaning of this Act in case he shall be assessed therefor, as a house upon suck Collector's Roll or Roll's as aforesaid: And provided also, secondly, that no Proviso as to

qualification of person shall be qualified to be elected at any such election of Trustees Oy

electors. who shall not have been entered upon such Roll or Rolls as aforesaid, for rateable property held in his own right or that of his wife as proprietor or tenant, to the value of one hundred pounds of lawful money of Canada.

XLV. And be it enacted, That at every subsequent annual election of Appointment of Police Trustees for such unincorporated Village after the first, the per

persons to pre

side at annual son to preside at such election, and the hour at which the same shall elections. commence, shall be appointed by the Trustees for the preceding year or any two of them under their hands, of which due notice shall by them be given by written or printed notices thereof, to be put up in at least three of the most public places in such unincorporated Village. XLVI. And be it enacted, That if at the time and place appointed Provision

of absence of for any first or subsequent election of Trustees, for any such unincorpo- person appointed rated Village, the person appointed to preside thereat shall not attend to preside at

election. within one hour after the time appointed for commencing the proceedings, the resident inhabitant freeholders and householders of such Village, or a majority of them may, if they think proper, proceed to nominate a person to preside at such meeting, and the election of Trustees for such year shall be held by such person, as if he had been the person appointed by the Municipal Council of the County or by the Trustees for the preceding year as aforesaid.

XLVII. And be it enacted, That upon the happening of any vacancy Provision iu case by death or otherwise, amongst the Police Trustees of any such unin- of vacancy,

among the Police corporated Village in the course of the year for which they shall have Trustees. been elected, it shall and may be lawful for the remaining Trustee or Trustees by a memorandum in writing, to be filed with such Township Clerk as aforesaid, to supply such vacancy by the appointment of Trustees or a Trustee in their or his place, which Trustees or Trustee so appointed, shall hold his office to the end of the term of office of the person in whose place he shall have been appointed, and no longer, and shall, during the time he shall hold the same, possess all the authority of such person. XLVIII. And be it enacted, That any Inspecting or other Trustee of Penalty against

Trustees for any of the said unincorporated Villages, who shall wilfully neglect or

neglect of duty. omit to fulfil any of the duties hereby imposed upon him, or to prosecute any offender against the Regulations of Police hereinafter established, for such unincorporated Villages, at the request of any inhabitant householder, offering to adduce proof of the offence, shall, on being thereof convicted in manner hereinafter provided, incur a penalty of twenty shillings, currency. XLIX. And be it enacted, That the penalties prescribed in and by Penalties to be

sued for within the next immediately preceding section of this Act, or under that for the a certain time. establishment of Regulations of Police for such unincorporated Villages, shall be sued for within ten days after the offence for which they shall have been inourred shall have ceased, and not afterwards.

B

« PreviousContinue »