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Penalties to be sued for and recovered by Inspecting Trustee.
Police regulations to be enforced with respect to
Ladders on roofs;
L. And be it enacted, That all penalties incurred by any person or persons, under any of the Regulations of Police, by the next succeeding section of this Act, established for such unincorporated Villages, shall be sued for and recovered by the Inspecting Trustee of Police of such Village, or in his absence, or when he shall be the party complained against, then by some other of such Trustees before any one Justice of the Peace having jurisdiction and residing within five miles of such Village, if any there be, or else before any other Justice of the Peace having jurisdiction as such, in such Village, who shall hear and determine such information in a summary manner, and upon the oath or affirmation of one or more credible witnesses, and shall cause such penalty to be levied by distress and sale of the goods of the offender; and the whole of such penalty shall be applied to the repairs and improvement of the streets and lanes of such Village, under the direction of the Police Trustees thereof, and by the Pathmaster or Pathmasters of the division or divisions to which such Village shall belong, to whom or such of them as shall be appointed by such Trustees for that purpose, such penalty shall be paid over for that purpose.
LI. And be it enacted, That it shall be the duty of the Police Trustees of every such unincorporated Village to execute and enforce, and cause to be executed and enforced, within the limits of such Village, the Regulations of Police herein and hereby provided and established for all such Villages, that is to say:
Firstly. All and every the proprietors and proprietor of a house or houses of more than one story in height, in any of the said Villages, shall place or cause to be placed a ladder or ladders on the roof of their respective houses, near to or adjoining the chimney or chimneys thereof, and another ladder reaching from the ground to the roof of each and every of their respective houses as aforesaid, under the penalty of five shillings currency, for every neglect so to do, and of ten shillings currency, for each and every week during which they shall neglect to provide themselves with such ladder or ladders as aforesaid.
Secondly. All and every householder or householders in the said Villages shall be held 10 furnish and provide himself or themselves with two buckets, fit and proper for carrying water, in case of accidents by fire, under the penalty of five shillings currency, for each bucket which may be deficient.
Thirdly. It shall not be lawful for any baker, potter, brewer, manufacturer of pot and pearl ashes, or any other person, to build, make or cause to be built and constructed, any oven or furnace within the limits of any of the aforesaid Villages, unless the same adjoin and be properly connected with a chimney of stone or brick, which chimney shall rise at least three feet higher than the house or building in which the said oven or furnace may be, and three feet higher than any building within one chain of the said oven or furnace, under a penalty which shall not exceed ten shillings currency, and for non-compliance with this regulation, the offender shall incur a penalty of fifteen shillings currency, for each week during which he shall neglect to comply therewith.
Fourthly. It shall not be lawful for any person in any of the said Villages to conduct any stove pipe through any wooden or lathed partition or through any floor, unless there be a space of six inches between the pipe and the partition or floor, or the nearest wood-work, and the pipe of every stove shall be inserted into a chimney, and there shall be left at least ten inches in the olear between any stove and any wooden or lathed partitions, or other wood-work, and each and every person offending against this regulation shall incur a penalty of ten shillings currency.
Fifthly. Any person or persons who shall enter into any mill, barn, out- Entering certain house or stable within the limits of any of the said Villages with a lighted places with can
dles, &c. candle or lamp, without having the same well inclosed in a lantern, shall for every such offence incur a penalty of five shillings currency, and any person or persons who shall enter into any mill, barn, stable or out-house, within the limits of any of the said Villages, with a lighted pipe or cigar, or carry fire not properly secured into such barn, stable, or outhouse, shall for every such offence incur a penalty of five shillings currency. Sixthly. No person or persons shall be allowed to light or have a fire Lighting fires
in wooden in any wooden house or out-house, of any description, within the limits
houses, &c. of any of the said Villages, unless the same be in a brick or stone chimney, or in a stove of iron or other metal, under a penalty of five shillings currency, for each offence. Seventhly. All and every person or persons who shall carry or convey Using vessels for
conveying fire ; fire into or through any street, lane, yard, garden or place, in any of the said Villages or cause fire to be so carried or conveyed without having the same confined in some copper, iron, or tin vessel, shall for every such offence, incur a penalty of two shillings and six-pence currency, and for every subsequent offence of a like nature, a further penalty of five shillings currency. Eighthly. Any person or persons who shall put or cause to be put or Hay, Straw,
&c., in dwelling placed any hay, straw or fodder, in any dwelling house, within the
houses; limits of any of the said Villages, shall incur a penalty of five shillings currency for the first offence, and a penalty of ten shillings currency for every week during which he or she shall neglect to remove the said hay or straw from the said dwelling house.
Ninthly. All and every person or persons who shall keep or have gun- Keeping of Gunpowder for sale, in any of the said Villages, shall keep the same in powder i boxes of copper, tin or lead ; and for every omission or neglect so to do, such person or persons shall incur a penalty of twenty shillings for the first offence, and forty shillings for every subsequent offence.
Tenthly. Any person or persons in any of the said villages, who shall Sale of Gunsell or permit gun-powder to be sold at night in his or their houses. powder at night; store-houses or shops, out-house or other building, shall on being thereof convicted, incur a penalty of forty shillings currency for every first offence, and of sixty shillings currency, for every subsequent offence.
Eleventhly. Any person or persons who shall in any of the said Villages de keep or deposit any ashes or cinders of any kind, (ashes in the pos- &c. session of manufacturers of pot and pearl ashes excepted,) in any wooden vessel, box or other thing not lined or doubled with sheet iron, tin or copper, so as to prevent all danger of fire or combustion from such ashes or cinders, shall for every snch offence incur a penalty of five shillings currency.
Twelfthly. Any person or persons who shall in any of the said Villages Quick lime ; place or deposit any quick or unslacked lime in any house, outhouse or building, so that such lime may be in contact with or touch any wood thereof, whereby there may be any danger of fire or combustion, shall for every such offence incur a penalty of five shillings currency, and a further penalty of ten shillings currency, for each day until such lime shall be removed or secured, to the satisfaction of such Inspecting Trustee, and in such manner as not to cause any danger of accident by fire.
Thirteenthly. Any person who shall light a fire in any of the streets, Lighting fires in Janes, or public places of any of the said Villages, shall for every such streets ; offence incur a penalty of five shillings currency.
Deposit of Ashes,
Charcoal fur Fourteenthly. No person or persons shall erect or cause to be erected naces ;
any furnace for making charcoal of wood within the limits of any of the
said Villages, under a penalty of twenty shillings currency. Filth, Rubbishi, Fifteenthly. All and every person or persons who shall throw or cause &c.
to be thrown any filth, rubbish or ordure, into any of the streets, lanes, or public places within the limits of any of the said Villages, shall, for every such offence, incur a penalty of two shillings and six pence currency and of five shillings currency for every week during which they shall neglect to remove the same, after notification to that effect by the Inspecting Trustee, or some other person authorized by him for that purpose.
IV. INCORPORATED VILLAGES. Inbabitants of LII. And be it enacted, That the inhabitants. of every Village in Villages men Upper Canada, mentioned in the Schedule to this Act annexed marked tioned in Sche
A, and intituled, “Incorporated Villages," and the inhabitants of each dule A. incorporated.
and every other Village, Hamlet or place which shall hereafter by Proclamation under the Great Seal of this Province be erected into an Incorporated Village in the manner prescribed by this Act, shall be a Body Corporate apart from the Township or Townships in which such
Village shall be situate, and as such shall have perpetual succession Corporate and a Common Seal, with such powers within the limits of such Village powers.
as are by this Act conferred upon the inhabitants of the different Townships in Upper-Canada within the limits of such Townships respectively, and the powers of such Corporation shall be exercised by, through, and in the name of the Municipality of such Village.
LIII. And be it enacted, That on the first Monday in January in each Election of Township Coun- year, and in case of Villages hereafter to be erected and incorporated by cillors, &c. Proclamation as aforesaid on the first Monday in January next after the
end of three calendar months from the teste of such Proclamation, and on each succeeding first Monday in January thereafter, there shall be held an election by voters qualified in like manner with the voters at
elections of Township Conncillors, for five Councillors for each of Liection of a
such Villages ; and a Townreeve for each of the said Villages shall be Townreeve.
thereafter elected from amongst the Councillors of such Village, in like manner as Townreeves are appointed by this Act to be chosen or elected
for every Township as aforesaid. Appointment of - LIV. And be it enacted, That in each of the said Villages which has Returning Officer.
been heretofore incorporated, whether under the name of Town or Village, or for which there have been Police Trustees appointed, the Clerk of the Board of Police or Town Clerk, or the Inspecting Trustee, as the case may be, shall be the Returning Officer for the first election to be held under this Act, and at each succeeding election the Village
Clerk of such Village, for the time being, shall be the Returning Officer. Case in which
LV. And be it enacted, That in case of an election in any Village the Governor where there shall not have been a Clerk of the Board of Police or a inay appoint a
Town Clerk, or an Inspecting Police Trustee, or which shall not have Returning Officer.
been before incorporated, it shall and may be lawful for the Governor of this Province to appoint a Returning Officer to hold the first election for
such Village under this Act. Places of holding
LVI. And be it enacted, That the Returning Officer for every such election, and Village shall appoint the place for holding such Village election, of notice thereof.
which appointment he shall give notice, by posting the same at least ten days before the election, in at least three public places in such
Village. Returning Offi- LVII. And be it enacted, That it shall be the duty of the Returning cers to procure Officer, for each of the said Villages, to procure a correct copy of the copy of Collector's Roll. Collector's Roll for such Village or of the Rolls for Rolls for the
Township in which such Village is situate, so far as such Rolls or either of them exhibit the names of the freeholders and householders rated upon such Roll or Rolls within the limits of such Village, with the amounts for which they shall be respectively assessed upon such Roll or Rolls, each of which said copies shall be verified in like manner as the copies of Collectors' Rolls produced at the Township Elections, as hereinbefore provided : Provided always, that no person shail be quali- Proviso: who fied to be elected as a Village Councillor who shall not be possessed, to may be elected
or vote as an his own use, of real estate held by him in fee or freehold, or for a term elector. of twenty-one years or upwards, of which at least seven years remain unexpired, situate within the Village for which he is elected, of the assessed value of two hundred and fifty pounds, or unless he shall be a tenant from year to year, or for a term of years, of all property within such Village, at a bonâ fide rental of twenty pounds per annum or upwards, or shall be in the receipt of twenty pounds or upwards of yearly rent or profit accrving from or out of real property within such Village; and the male inhabitants being either freeholders or householders upon such Roll or Rolls and resident at the time of the election, and who shall appear in the said Roll or Rolls to have been assessed either as proprietor or tenant for a house or houses, or for land or for both, to the value of twelve pounds ten shillings currency, within the limits of such Village, and none other, shall be entitled to vote at such Village election.
LVIII. And be it enacted, That when and so often as any Police or Provision with other Village Hamlet or place in Upper Canada not incorporated by name
respect to the
incorporation of under this Act, together with the immediate neighbourhood thereof, Villages in which shall be found by the Census Returns for the same to contain over one the population
shall increase to thousand inhabitants whose residences are or shall be collected within a a certain number convenient neighbourhood or proximity to each other, to form an Incorporated Village, it shall and may be lawful for the Police Trustees of such Village, if the same shall be a Police Village, or for any number of resident freeholders or householders of such Village, Hamlet or place, in case it shall have no Police Trustees, not less than one hundred, to Petition to the petition the Governor of this Province that such Village, Hamlet or place
Governor may be erected into or set apart as an Incorporated Village, and the inhabitants thereof incorporated under this Act; and upon such petition, it shall be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation under the Great Seal of this Province erecting or setting apart such Village, Hamlet or place into or as an Incorpo- Act
such le:ition. rated Village, by a name to be given in and by such Proclamation, and to set forth in such Proclamation proper boundaries for such Village, including within such boundaries any portion of the Townshipor Townships which, from the proximity of streets or buildings therein, may conveniently be attached to such Village, Hamlet or place, and when such Village shall have grown up on the confines of two or more Counties, so as to lie partly within the limits of each, to annex the whole of such Village as incorporated to some one of such Counties exclusively ; and Incorporation the inhabitants of such Village shall, on, from and after the first day of and corporate January next after the end of three calendar months from the teste of po such Proclamation, be incorporated, and the said Village shall become an Incorporated Village apart from the Township or Townships in which it is situate, and the first election for such Village shall be held in the manner hereinbefore prescribed on the first Monday in that month, and such Village shall from thenceforth form a part of the County to which it shall have been so annexed as aforesaid, and shall be subject to the same regulations and provisions of Law, and shall have the same immunities and privileges as a Village named in the said Schedule to this Act annexed marked A, as fully as if such Village had been mentioned therein,
Duties and lia- LIX. And be it enacted, That the Municipality of every such Village bilities of Muni- shall be formed in like manner as the Municipality of any Township, cipalities or incorporated and shall have all such powers, duties and liabilities within and in resVillages to be pect of such Village as the Municipality of any Township shall have in similar to those of Township
respect of such Township, and the Townreeve of every such Village, Municipalities. and the other Officers thereof, shall have like powers, duties and liabili
ties within and in respect thereof as the Townreeve or other Officers of any Township shall have within and in respect of such Township, and the Townreeve of each of such Villages shall be a Member of the Mu
nicipal Council of the County in which the same is situated. Village Munici. LX. And be it enacted, That the Municipality of each Village, which palities may also
shall be or remain incorporated under the authority of this Act, shall make By-laws for
moreover have power and authority to make By-laws for each or any of
the following purposes, that is to say: Opening, &c., Firstly. For the opening, constructing, making, levelling pitching, roads, &c.
raising, lowering, gravelling, macadamizing, planking, paving, flagging, repairing, planting, improving, preserving and maintaining any new or existing highway, road, street, square, side-walk, crossing, alley, lane, bridge or other communication, or any public wharf, dock, slip, drain, sewer, shore, bay, harbour, river or water and the shores and banks thereof within the jurisdiction of the Corporation of such Village, and for the entering into, performing and executing any arrangement or agreement with the Municipal Corporation of the County or Counties in which such Village may lie for the execution of any such work at the joint expense and for the joint benefit of the Municipal Corporations of such County or Counties, and of such Village and the people they represent; and for the stopping up, pulling down, widening, altering, chan
ging or diverting of any such highway, road, street, bridge, or commuProviso as to nication within the same : Provided always, nevertheless, ihat no such encroachments
new, widened,altered, changed or diverted highway, road, street, sideon private property of certain walk, crossing, alley, lane, bridge, or other communication, shall be kinds.
laid out so as to run through or encroach upon any dwelling house, barn, stable, or out house, or any orchard, garden, yard or pleasure ground,
without the consent in writing of the owner thereof. Regulating High- Secondly. For regulating or preventing the encumbering, injuring or ways, &c. fouling of any such highway, road, street, square, side-walk, crossing,
alley, lane, bridge or other communication, and of any such wharf, dock, slip, drain, sewer and shore, bay, harbour, river or water by any animals, wheel-barrows, cabs, carts, carriages or other vehicles, vessels, craft, lumber, stone, building or other materials or things whatso
ever, or in any other manner whatsoever. Removing steps, Thirdly. For directing and requiring the removal at any time of any projections, &c.
door-steps, porehes, railings or other erections, projections or obstructions whatsover whieh may project into or over the boundary lines of any such highway, road, street, square, sidewalk, crossing, alley, lane, bridge or other communication, or of any such wharf, dock, slip, drain, sewer, shore, bay, harbour, river and water, or the shores and banks thereof, at the expense of the proprietor or occupant of the real properly in or near which such projection or obstruction may be found.
Fourthly. For surveying, by competent persons, and fixing, marking, Fixing boundary lines of ligh- determining and settling the boundary lines of such highways, roads, ways, &c.
streets, squares, alleys, lanes, bridges or other communications, and of all such public wharves, docks and slips, for giving names to the same, and affixing such names on boards or otherwise on the houses at the corners of the same.
Fifthly. For granting to the County or Counties in which such Village Granting money
Counties boys shall be situate, by way of loan, or otherwise, such sum or sums of