NO. WORDS, PHRASES & SENTENCES OF 12 VIC., CAP. 81, REPEALED BY THIS ACT. Sections, Sub Sections and Provisos, of 12 Vic., Cap. 81, and the parts thereof, respectively, in which the repealed words, phrases and sentences are contained. WORDS, PHRASES AND SENTENCES SUBSTITUTED FOR THOSE BY THIS ACT REPEALED. Instances of any Relator hav Section 146.-After the instance of any Relator having an interest as a ing an interest as a candidate words, "that at the," at municipal voter in or for any Township or Village, or voter in any election to be the commencement of the or in or for any ward of any Township, Town or not held under the authority of this section. Act, a writ of summons in the nature of a quo warranto, shall lie to try the validity of such election, which writ shall issue out of Her Majesty's Court of Queen's Bench for Upper Canada, upon an order of that Court in term time, or upon the fiat of a judge thereof in vacation, upon such Relator shewing upon affidavit to such Court for Judge, reasonable grounds for supposing that such election was not conducted according to law, or that the party elected or returned thereat was duly or legally elected or returned, and upon such Relator entering into a recognizance before the said Court or any Judge thereof, or before any Commissioner, for taking bail in such Court, himself in the sum of fifty pounds, and two sureties to be allowed as suf ficient upon affidavit, by such Court or Judge, in the sums of twenty-five pounds each, conditioned to prosecute with effect the writ to be issued upon such order or fiat, and to pay to the party against whom the same shall be brought, his executors or administrators, all such costs as shall be adjudged to such party against him the said Relator, thereupon such writ shall be issued accordingly and the said writ shall be returnable upon the eighth day after that on which it shall be served on such party by the delivery of a copy thereof to him personally, or in the manner hereinafter provided for, before some one of the Judges of the said Court at Chambers, which Judge shall have power, upon proof by affidavit of such personal or other service, and he is hereby required to proceed in a summary manner upon statement) and answer, and without formal pleadings, to hear and determine the validity of such elec-. tion, and to award costs against the Relator or Defendant upon such writ, as he shall deem just. City, for which any election shall be held under the authority of this Act, or having such interest as a candidate at such election, a writ of summons in the nature of a quo warranto shall lie to try the validity of such election, and also where it shall be alleged by such Relator that himself or some other person was duly elected and ought to have been returned at such election, then to try as well the validity of the election complained against as the validity of the alleged election of such Relator or other person, both which objects shall be embraced in the same writ, which writ shall issue out of either of Her Majesty's Superior Courts of Common Law at Toronto, upon an order of such Court in Term time or upon the fiat of a Judge thereof in Vacation, upou such Relator shewing upon affidavit to such Court or Judge, reasonable grounds for supposing that such election was not conducted according to law, or that the party elected or returned thereat, was not duly or legally elected or returned, and upon such Relator entering into a recognizance before the said Court or any Judge thereof, or before any Commissioner for taking bail in such Court, himself in the sum of fifty pounds, and two sureties to be allowed as sufficient, upon affidavit, by such Court or Judge, in the sum of twenty-five pounds each, conditioned to prosecute with effect the writ to be issued upon such order or fiat, or to pay to the party against whom the same shall be brought his Executors or Administrators, all such costs as shall be adjudged to such party, against him the said Relator, thereupon such Writ shall be issued accordingly, and the said writ shall be returnable upon the eighth day (as on Friday where service shall have been made on the Thursday of the preceding week) after that on which it shall be served on such party by the delivery of a copy thereof to him personally or in the manner hereinafter provided for, before some one of the Judges of either of the said Courts, at Chambers, which Judges shall have powerupon proof by affidavit of such personal or other service-and he is hereby required to proceed in a summary manner upon statement and answer, and without formal pleadings, to hear and determine the validity of the election complained against, and where the sufficiency or legality of such other election shall have been so alleged as aforesaid then the validity of such last mentioned election, and in case of such first mentioned election being adjudged invalid, and such last mentioned election being adjudged valid, then by a writ adapted to that purpose, to cause the person returned upon such invalid election to be removed, and the person lawfully elected and who ought to have been returned, to be admitted in his place, and in case of neither of such alleged elections being adjudged valid, then by a like writ, to cause the person returned upon such invalid election to be removed, and a new election to be held to supply the vacancy thus created, in all which cases it shall and may be lawful for such Judge, if the facts in evidence before him render it proper so to do, to make the Returning Officer at such election a party to such proceedings by a writ of summons to be served upon him for that purpose in the same manner as the writ of summons hereinbefore mentioned. And it shall and may be lawful for such Judge, and he is hereby required in disposing of NO. WORDS, PHRASES & SENTENCES Sections, Sub - Sections WORDS, PHRASES AND SENTENCES SUBSTITUTED every such case, to award costs for or against the Relator or Defendant upon such writ or for or against the Returning Officer, when he shall be so made a party to such proceedings as aforesaid, as to such Judge shall seem just: Provided always, nevertheless, firstly, That all elections of Mayors, Wardens, Townreeves and Deputy Townreeves shall be deemed elections within the meaning of this section; And provided also, secondly, That whenever the grounds of objection against any such election shall apply equally to all or any number of the members of any such Municipal Corporation, it shall and may be lawful for the Relator to proceed by one writ of summons against all such members; and in case of the elections of all the members of any such Municipal Corporation being adjudged invalid, the writ for the removal of the members so adjudged to have been illegally elected and returned, and the admission of those so adjudged to have been legally elected, shall be directed to the Sheriff of the County or Union of Counties within the limits of which the locality in or over which such Municipal Corporation shall be established, shall be situate, who for the purpose of causing an election to be held under the authority of this Act, shall have all the powers and authority hereby conferred upon Municipal Corporations for supplying such vacancies as are occasioned by death; And provided also, thirdly, That all such original writs of summons shall be applied for within six weeks after the election complained against, or within one month after the person whose election is questioned, shall have accepted the office and not afterwards; And provided also, fourthly, that no costs shall be awarded against any person against whom any such writ of summons in the nature of a quo warranto shall be brought, who shall, within one week after having been served with such writ, transmit, postpaid, through the Post Office, directed to the Clerk of Judges Chambers at Osgoode Hall, Toronto, a disclaimer of the office in the terms, or to the effect following, that is to say: "I, A. B., upon whom a writ of summons, in the nature of a quo warranto, has been served for the purpose of contesting my right to the office of Township Councillor (or as the case may be) for the Township of in the County of (or as the case may be), do hereby disclaim the said office, and decline all defence of any right I may have to the same," unless it shall have been proved to the satisfaction of such Court or Judge, that such person had been a consenting party to being put in nomination as candidate for such election, in which latter case, such costs shall be in the discretion of such Court or Judge. And provided also, Fifthly, That it shall be the duty of every such last mentioned person to deliver a duplicate of such disclaimer to the Clerk of the Municipal Corporation, the seat in which shall be contested, who shall forthwith communicate the the same to the other members of such Municipal Corporation; and provided also, Sixthly, That in any such case it shall be lawful for the Judge before whom such writ of summons is returnable to afford reasonable time and opportunity for the said Municipal Corporation, or to any person entitled as a Municipal voter of such Corporation, to intervene and defend the said election and return, in every which case such intervening party shall be liable and entitled to costs as any other party to such proceeding. WORDS, PHRASES & SENTENCES or 12 VIC., CAP. 81, REPEALED BY THIS ACT. Sections, Sub - Sections WORDS, PHRASES AND SENTENCES SUBSTITUTED Her Majesty's said Court of Section 153.-Between The Judges of Her Majesty's two Superior Courts Queen's Bench for Upper Ca- the words," it shall and of Common Law at Toronto, cr the majority of nada, by any rule or rules to be may be lawful for," and them, by any rule or rules to be by them for that by such Court inade for that the words, "and to regu- purpose made from time to time in Term time, as purpose, in Term time, to set-late" tle the forms of such writs of summons, Certiorari Mandamus and Execution as aforesaid. Of the Court in matters within its ordinary jurisdiction. And the Court of Queen's Bench for Upper Canada. Of such Municipal Corporation, for the preceding year. By death or otherwise. Of the head of such Municipal Corporation. So appointed, shall hold his occasion may require, to settle the forms of all such Writs, whether of Summons, Certiorari, Mandamus, Execution, or of or for whatever other kind of purpose, as aforesaid, Section 153.-After the Of the Courts in matters within their ordinary words, "for the regula-jurisdiction. tion of the practice." Section 155.-Between And either of Her Majesty's Superior Courts of the words, "of which he Common Law at Toronto. is the Officer," and the words," may be moved." Section 162.-Between Of such Municipal Corporation for the preceding the words, "then the year, or in case of his absence or the vacancy of Head," and the words, such office, then the Clerk of such Municipal Cor"shall forthwith, by war-poration; and in case of the like vacancy of such rant," last mentioned office, any one of the members of such Municipal Corporation for the preceding year. Section 163.-Between By death, a judicial decision against the legality the words, "in any of of any election, or otherwise however. such Municipal Corpo rations," and the words, Section 163.-Between Of the head of such Municipal Corporation, or the words, "under the in case of his absence or the vacancy of such office, hand and seal," and the then under the hand and seal of the Clerk of such words, "provided al-Municipal Corporation; and in case of the like ways." vacancy of such last mentioned office, then under the hand and seal of any oue of the Members of such Municipal Corporation. Section 163.-Between So elected shall hold his seat in such Corporation seat in such Corporation, by the words," that the per- by virtue of such election. virtue of such appointment. on," and the words," for the residue" Of Candidates, shall not have Section 165.-Between been elected, or if there shall the words, "a requisite not be in the poll book, the number," and the words, names of a sufficient number of" and in every such candidates to supply any defi-case," ciency arising from refusal of office, or neglect or refusal to be sworn in, then. All such duties as may be Section 172.-After the assigned to him by any such words, "faithfully to perLaw or By-Law. form" Of candidates shall not have been elected, then, All such duties as may be assigned to him by any such Law or By-Law: Provided always, nevertheless, Firstly, That it shall moreover be the duty of every Township, Village and Town Treasurer, to receive from the Collector or Collectors of such Township, Village or Town, all moneys collected by such Collector or Collectors for or on account of the County Rates, and to pay the same over to the County Treasurer within such time as may be prescribed by any By-Law of the Municipal Council of such County to be passed for that purpose: And provided also, Secondly, That the Municipal Corporation of such Township, Village, or Town, shall be responsible to the Municipal Council of such County, for all such County Rates as shall or may be so paid to such Township, Village or Town Treasurer, who shall, together with his sureties, be responsible to such Municipal Corporation for the same as for moneys received by No. WORDS, PHRASES & SENTENCES or 12 VIC., CAP. 81, REPEALED BY THIS ACT. Sections, Sub-Sections parts thereof, respec- WORDS, PHRASES AND SENTENCES SUBSTITUTED FOR THOSE BY THIS ACT REPEALED. tively, in which the him on account of the Township, Village or Town Rates respectively And provided also, Thirdly, That every such Township, Village or Town Treasurer shall keep an account in his books with the County Treasurer, and shall give receipts for all moneys received by him on account of the County, and receive from the Treasurer of such County receipts for all such moneys as he shall pay over to him on account of such County Rates; And provided also, Fourthly, That nothing herein contained shall in any way exonerate any such Collector from his liability or limit his liability to the Municipal Council of such County for any of the County Rates, whenever they shall choose to proceed against him instead of against the Corporation of such City, Village or Town (as the case may be) for the recovery thereof; And provided also, Fifthly, That for all County Rates so received and paid over to the County Treasurer, the Township, Village or Town Treasurer shall be entitled to receive and take to his own use a per centage of two and a half per cent. upon all such County Rates so received and paid over as aforesaid, and no more. Section 187,-After the Nor on the limits of any Village or Town, or words, "original allow-City therein, or on the borders thereof: Provided ance for roads in any always, nevertheless, Firstly, That it shall and Township or County." may be lawful for the Municipality of any Township, within which any Police Village or any other Village or Hamlet consisting of not less than twenty dwelling houses, standing within an area of nor more than two hundred acres, shall be situate, upon the petition of the Trustees of such Village in the case of a Police Village, and in other cases upon the petition of fifteen of the inhabitant Householders of such Village or Hamlet, accompanied by a certificate from the Register of the County within which such Township shall lie, that a plan of such Village or Hamlet had been duly deposited in his office according to the then existing requirements of the Registry Laws in force in Upper Canada in that belialf, by any Bylaw to be passed by such Municipality for that purpose, to stop up, sell and convey or otherwise deal with any original allowance for Road that may lie within the limits of such Village or Hamlet, as the same shall be laid down on such plan, in the same manner as the Municipality of any Incorporated Village is empowered to stop up, sell, convey, or otherwise deal with any such original allowance for road within the limits of such Incorporated Village, but subject always nevertheless, to all and singular the directions, limitations and restrictions, and other the provisions in the one hundred and eightyeighth section of this Act. contained respecting the same: Provided also, Secondly, That a Village or Hamlet situate partly within one Township and partly within another, whether such Township shall be within the same or different Counties, shall be a Village or Hamlet within the meaning of this section, and that in every such case the Municipality of each of such Townships shall have the powers hereby conferred as far as respects any original allowance for Road, lying within hat part of such Village or Hamlet, which ac cording to such plan so deposited in the Registry Office or Registry Offices of such County or Coun ties shall be situate within the respective limits of such Townships. 34 335 30 For the stopping up, altering Section 192.-Between for the opening, stopping up, altering, Or be elected at the annual the words," to make any "widening or diverting." Section 208.-Between or to be elected, respectively, at the annaul Townelections of Parish and Town- the words, "heretofore ship Elections for District Coucillors, in ship Officers for the right to vote," had and the words, "the se veral Townships," Provided also, that where the Section 208.-Between Provided always, nevertheless, Firstly, That the system of the registration of the words, "for the year value of the property by the provisions of this Secvotes exists at the passing of previous to such election, required as the qualification of a Township this Act, in any City or Town, tion," and the words, "at Councillor, shall be one hundred, instead of three the same shall continue under the first elections to be hundred pounds, as heretofore required for District the Act or Acts providing such held under this Act." registration, until altered by any Act as aforesaid; and provided also, that whether any such new Act for regulating assessments lin Upper Canada, shall or shall not be passed, prior to this Act coming into force, the persons hereinbefore described, as entitled to elect and be elected under this Act, (until such new Assessment Law shall have passed as aforesaid.) shall be those entitled to elect and bel elected respectively. Councillors; and provided also, Secondly, That in the case of all Township Councillors, it shall be a sutficient qualification, if in lieu of such one hundred pounds of real property, they shall be seized or possessed of real and personal property, which shall, together, amount to two hundred pounds; and provided also, Thirdly, That in the case of all such Towns and Villages as are lastly above mentioned, every person to be elected a Councillor for any such Town or Village, shall be seized and possessed to his own use in fee, of lands and tenements within the County or Union of Counties in which such Town or Village shall be situate, or within some one or other of the Counties or Unions of Counties, next adjoining such first mentioned County or Union of Counties, of the real value of one hundred pounds currency, over and above all charges and incumbrances due and payable upon or out of the same: and provided also, Fourthly, That in the Cities and Towns in which, at the passing of this Act, a provision exists for the registering of votes, the same shall continue and be in force until repealed, altered or amended by a By-law of the Corporation of such City or Town; Provided also, Fifthly, That whether any such new Act for regulating Assessments in Upper Canada, shall or shall not be passed prior to this Act coming into force, the persons herein before in this section described as entitled to elect and be elected under this Act, until such new Assessment Law shall have been passed as aforesaid, shall be those entitled to elect and be elected respectively; And provided also, Sixthly, that any Town, the Act of incorporation of which had been disallowed or had expired before the first of January, in the year of our Lord one thousand eight hundred and fifty, shall be taken and held to be an incorporated Town within this section. SCHEDULE B. TOWNS. 1.-Belleville, To consist of all that part of this Province situate within the County of Hastings, and lying within the following limits, that is to say: Commencing at the limits between Lots numbers six and seven in the first concession of the Township of Thurlow, at low water mark of Schedule B. |