A Police Office established in each Town: when the Mayor shall preside at it. Proviso as to holy-days. Proviso with sit. Appointment of trates. Salary. Proviso: Police Magistrate not to be appointed except upon petition of the Corporation. Police Magis trate may suspend Chief Constable. LXIX. And be it enacted, That there shall be in each of such Towns a Police Office, at which it shall be the duty of the Police Magistrate for such Town, or in his absence from sickness or other causes, or when there shall be no Police Magistrate for such Town, then it shall be the duty of the Mayor thereof to attend daily, or at such times and for such period as shall be necessary for the disposal of the business to be brought before him as a Justice of the Peace for such Town: Provided always, firstly, that no such attendance shall be required on Sunday, Christmasday or Good Friday, or on any day appointed by Proclamation for a Public Fast or Thanksgiving, unless in cases of urgent necessity; And provided also, secondly, that it shall and may be lawful for any Justice of the Peace having jurisdiction within such Town, at the request of the Mayor thereof, to sit for such Mayor at such Police Office, in every of which cases the required attendance of the said Mayor at such Police Office shall be dispensed with. LXX. And be it enacted, That the Police Magistrates for the several Towns which shall be or remain incorporated as such under this Act shall be appointed by the Crown during pleasure; and every such Police Magistrate shall be ex officio a Justice of the Peace in and for the Town for which he shall be appointed, and in and for the County within or on the borders of which such Town shall lie, and shall receive a salary of not less than one hundred pounds per annum, payable quarterly out of the Municipal funds of such Town: Provided always, nevertheless, that a Police Magistrate shall not in the first instance be appointed for any of such Towns, until the Corporation of such Town shall have communicated to the Governor-General of this Province, through the Provincial Secretary thereof, their opinion that such an Officer was required for the better conduct of the affairs of such Town and administration of justice therein. LXXI. And be it enacted, That every such Police Magistrate shall have the power of suspending from the duties of his office any Chief Constable or Constable of the Town of which he is the Police Magistrate for any period in his discretion, and that immediately after such suspension, he shall report the same, with the cause thereof, if he deem such Chief Constable or Constable deserving of dismissal for the cause. of such suspension, to the Town Council of such Town, and the Town Council thereof shall thereupon in their discretion dismiss such Chief Constable or Constable, or direct that he shall be restored to the duties of his office after the period of such suspension shall have expired, and during such suspension no such Chief Constable or Constable shall be capable of acting in his said office except by the express permission of the Police Magistrate of such Town in writing, nor shall such Chief Constable or Constable be entitled to any salary or remuneration for the period of such suspension: Provided always, that it shall be in the power of such temporary Chief Police Magistrate to appoint some fit and proper person to act as Chief Constable or Constable during the period of such suspension of any Chief Constable or Constable as aforesaid. Proviso as to Constable. Offences against By-laws, & c., may be prosecuted before Police Magistrate or Mayor. LXXII. And be it enacted, That all offences against the By-laws of any of the said Towns, and all penalties for refusal to accept or be sworn into office in such Towns, and all other offences over which one or more Justices of the Peace have or shall have jurisdiction, committed within any such Town, may be prosecuted and sued for, tried and recovered before the Police Magistrate of such Town, or when there shall be no Police Magistrate in such Town, then before the Mayor of such Town, such Police Magistrate or Mayor, as the case may be, acting, either alone or assisted by one or more Justices of the Peace for such Town, as the case may require; and such Police Magistrate shall ex J. P. officio be a Justice of the Peace for such Town, and it shall be his duty He shall be a and that of the Justices for such Town to be the conservators of the in and for the same. peace LXXIII. And be it enacted, That the Clerks of the Town Councils of the said Towns shall be Clerks of the Police Offices of such Towns, and perform the same duties and receive the same emoluments as now appertain to Clerks of Justices of the Peace in Upper Canada, unless by Act of the Town Councils of such Town another Officer be appointed for such purpose. LXXIV. And be it enacted, That there shall be in and for each of the Towns which shall be or remain incorporated as such under the authority of this Act, one Chief Constable, and one or more Constables for each Ward of such Town, who shall respectively hold their offices during the pleasure of the Town Council, but shall be liable to be suspended and dismissed as herein before provided. LXXV. And be it enacted, That nothing in this Act contained shall be construed to limit the power of the Governor of this Province to appoint under the Great Seal thereof, any number of Justices of the Peace for any such Town. Oath of Office of Subordinate whom to be Officers, before taken. reeve. LXXVI. And be it enacted, That all oaths of Office of the Subordinate Officers of such Town, shall be taken before the Mayor or Police Magistrate thereof, or before any one of the Justices of the Peace for such Town, who are hereby authorized to administer the same. LXXVII. And be it enacted, That it shall and may be lawful for the Appointment of Town Council of each of the said Towns, to select from among them- Townreeve, and Deputy-Townselves one Townreeve, and when such Town shall have five hundred resident freeholders and householders on the Collector's Roll thereof, then also a Deputy-Townreeve for such Town, who shall be a Member of the Municipal Council of the County in which such Town is situate. LXXVIII. And be it enacted, That the Town Council for each of the said Towns shall appoint three Assessors and one Collector for each Ward of the said Town, whose duty it shall be to make assessments and collect taxes within such Ward, in like manner as the Assessors and Collectors in the several Townships aforesaid are to perform the same duties in the said Townships respectively; Provided always, firstly, Proviso. that none of the Town Councillors shall be eligible to be appointed to such offices; and provided also, secondly, that no person shall be ap- Proviso as to pointed such Assessor, unless he shall be rated on the Collector's Roll qualification. for the year preceding his appointment, to the amouut of three hundred pounds and upwards. Appointinent of Collectors. Provision for the incorporated conditions. LXXIX. And be it enacted, That whenever any Incorporated Village in Upper Canada, shall be found by the Census Returns to contain within its limits upwards of three thousand inhabitants, then upon petition of the Municipality of such Village, it shall and may be lawful for the Governor of this Province by an Order in Council to issue a Proclamation under the Great Seal of the Province erecting such Village into a Town, and including within the boundaries thereof any portion of the Township or Townships within which it may be situate, which from the proximity of streets or buildings thereon may conveniently be attached to such Town and dividing the said Town into Wards by appropriate names and boundaries; but no Town shall be so divided into less than three Wards, and none of such Wards shall have less than five hundred inhabitants; and such Town shall have an election by Wards on the first Monday in Wards. the month of January next after the end of three calendar months from the teste of such Proclamation; and such Town shall from thenceforth be subject to the same regulations and provisions of law, and shall have Number of Wards. First election by Privileges as a Town. Town Council to be composed the same immunities and privileges as a Town named in the said Schedule to this Act annexed marked B, as fully as if such Town had been mentioned therein. LXXX. And be it enacted, That the Town Council of any such Town shall be composed of the Councillors elected by and for the different Wards of such Town, and shall have all such powers, duties and liabilidifferent Wards: ties within and in respect of such Town as the Municipality of any of Councillors elected for the powers and duties. Power of Town Councils to make Establishing Work-house and Village shall have in respect of such Village; and the Mayor of such Town and the other officers thereof shall have the like powers, duties and liabilities respectively within and in respect thereof as the Townreeves and other Officers of any Incorporated Village shall have within and in respect of such Village. LXXXI. And be it enacted, That the Town Council of each of the Towns, which shall be or remain incorporated under the authority of this Act, shall moreover have power and authority to make By-laws for each or any of the following purposes, that is to say: Firstly. For establishing and regulating a Police for such Town; for establishing and regulating one or more Alms-houses and Houses of Refuge for the relief of the poor and destitute; for erecting and establishhouse of correc-ing and also providing for the proper keeping of any Work-house or House of Correction that may hereafter be erected in and for such Town; Regulating erec for regulating the erecting of buildings and preventing wooden buildings tion of buildings. from being erected in thickly built parts of such Towns. tion. Purchase of land for Industrial Farm, &c. Lighting with gas, oil, &c. Livery stable licenses, &c. Public conveyances. Assessments on real property for special improvements. Or for sweeping and watering streets, &c. Secondly. For the purchase of such lands as they may deem necessary, for the purpose of an Industrial Farm for such Town, of not less than two hundred acres in extent within such convenient distance of such Town as they may deem expedient, and for erecting, or building thereon, such houses, buildings, yards and other inclosures as may be deemed proper for the purposes of such farm. Thirdly. For defraying out of the funds of such Town, if necessary, the expense of lighting the same or any part thereof with gas, oil or other substances, and the performing of any kind of work required for the purpose, and for obliging the proprietors or occupiers of real property to allow such work to be done, and such fixtures placed in or about their premises as may be necessary for that purpsse; such work and fixtures to be done at the expense of such Town. Fourthly. For regulating and licensing the owners of Livery Stables, Horses, Cabs, Hackney-coaches, Omnibusses, Carts and other Carriages used for hire in such Town, and for establishing the rates of pay or hire to be taken by the owners or drivers thereof, and for preventing runners, stage-drivers and others in the streets or public places from soliciting and teasing passengers and others to travel in any boat, vessel, stage or vehicle Fifthly. For assessing the proprietors of such real property in any such Town as may be immediately benefitted by such improvements, for such sum or sums as may at any time be necessary to defray the expense of making or repairing any common sewer, drain, flagging, posts or pavement in any public highway, street, square or place immediately opposite or near to such real property, and for regulating the time and manner in which such assessment shall be collected and paid. Sixthly. For raising, levying and appropriating at and upon the petition of two thirds or upwards of the freeholders and householders resident in any particular street, square, alley or lane of such town, such sum or sums of money as may be necessary to defray the expense of sweeping and watering such street, square, alley or lane by means of a special rate to be assessed equally on the whole rateable property in such street, square, alley or lane. Seventhly. For borrowing under the restriction and upon the security Borrowing hereinafter mentioned, all such sums of money as shall or may be ne- moneys. cessary for the execution of any town work within their jurisdiction and the scope of the authority by this Act conferred upon them. Eighthly. For raising, levying and appropriating such moneys as may Levying moneys. be required for all or any of the purposes aforesaid by means of a rate to be assessed equally on the whole rateable property in such Town according to any law which shall be in force in Upper Canada concerning rates and assessments. Making By-laws for carrying into powers herein vested, &c. execution Ninthly. For making all such laws as may be necessary and proper for carrying into execution the powers herein vested or hereinafter to be vested in the Corporation of such Town or in any department or office thereof, for the peace, welfare, safety and good government of such Town as they may from time to time deem expedient, such laws not being repugnant to this or any other Act of the Parliament of this Province, or of the Parliament of Upper Canada, or to the general laws of that part of this Province: Provided always nevertheless, firstly, that no person shall be subject to be fined more than five pounds, exclusive of costs, or to be imprisoned more than thirty days, for the breach of any By-law or regulation of such Town: And provided also, secondly, that no person shall be compelled to pay a greater fine than twenty pounds office. for refusing or neglecting to perform the duties of any Municipal office when duly elected or appointed thereto. Tenthly. For the repeal, alteration, or amendment, from time to time, of all or any of such By-law or By-laws, and the making others in lieu thereof, as to them may seem expedient for the good of the inhabitants of such Town. VI. CITIES. Proviso as to fines, for breach of By-laws. For refusing Repealing or amending of Inhabitants of Cities mentioned &c., incorpor in Schedule C ated. Corporate LXXXII. And be it enacted, That the inhabitants of each of the Cities mentioned in the Schedule to this Act annexed marked C, and intituled "Cities," and the inhabitants of all such Towns in UpperCanada as shall from time to time, be erected into Cities by and under any Proclamation to be issued in that behalf under this Act, shall be Bodies Corporate with all the powers, privileges and immunities, duties and liabilities of the incorporated inhabitants of Towns as aforesaid, except in so far as such powers may be hereby increased, lessened or otherwise modified, and such powers shall be exercised by, through, How exercised. and in the name of the Mayor, Aldermen and Commonalty of each of such Cities respectively. powers. Election of one Alderman and for each Ward: copies of Collector's rolls to be furnished, &c., as in Towns. two Councillors LXXXIII. And be it enacted, That for every Ward within the limits of any such City, there shall be chosen by the male resident freeholders and householders of such Ward, one Alderman and two Councillors for such Ward, for which purpose copies of the Collector's Rolls shall be furnished, verified and procured by the like persons and within the like times as is herein before provided with respect to Towns; and the Common Council of each such City shall be formed of such Aldermen and Councillors in the same manner as the Town Council of any such Town shall have in and with regard to the same, and all the rules, regulations provisions and enactments contained in this Act, as applied to Incorporated Towns, by way of reference to those provided for Incorporated Villages or otherwise, shall apply to each of the said Cities: Provided Proviso: Mayor always, firstly, that the Mayor of every such City shall be elected from to be elected from among the Aldermen thereof; and provided always, secondly, that no men." person shall be qualified to be elected an Alderman for any such Ward who shall not at the time of the Election be seized, to his own use, of Proviso: qualifiReal Estate held by him in fee simple, or in freehold, within the City for which he is elected or the liberties thereof, of the assessed value of among Alder cation of Alder men. cation of Councillors. five hundred pounds, or unless he shall be a Tenant from year to year, or for a term of years, of Real Property within such City or the liberties thereof, at a bona fide rental of sixty pounds per annum or upwards, or shall be in the receipt of sixty pounds or upwards, of yearly rent or profit accruing from or out of Real Property within such City or the Proviso qualifi- liberties thereof; and provided always, thirdly, that no person shall be qualified to be elected a Councillor for any such Ward, who shall not, at the time of his Election, be in like manner seized to his own use of like Real Estate, to the value of three hundred pounds, or unless he shall be a Tenant from year to year or for a term of years, of Real Property within such City or the liberties thereof, at a bonâ fide rental of thirty pounds per annum or upwards, or shall be in the receipt of thirty pounds or upwards of yearly rent or profit accruing from or out of Real Property Qualification of within such City or the liberties thereof; and provided always, fourthly electors. Provision with respect to the erection of incorporated Towns into Cities, on certain conditions. New division into Wards. First election, as a City. Each incorporated City to be a County of itself for certain purposes. Proviso: not to prevent County Municipal Coun. cils to hold their sittings in Cities, &c. Justice of the and lastly, that the Aldermen and Councillors aforesaid, shall be chosen by the male inhabitants being either freeholders or householders who shall be entered on such Roll and who shall continue to reside within such Ward at the time of the Election, and who shall appear upon the said Roll to have been assessed either as Proprietors or Tenants for a house or for land, or for both, to the value of fifty pounds, and by none other LXXXIV. And be it enacted, That whenever any of the said Towns incorporated, or to be incorporated as aforesaid, shall be found by the census returns to contain more than fifteen thousand inhabitants, then, on petition from the Town Council of such Town, it shall and may be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation under the Great Seal of the Province, erecting such Town into a City, setting forth the boundaries of such City and of the liberties thereof respectively, with the portions of the liberties to be attached to each of such Wards respectively, and including within such boundaries any portion of the Township or Townships adjacent, which from the proximity of streets or buildings therein, or the probable future exigencies of such City, it may appear desirable in the opinion of the Governor in Council should be attached to such City or the liberties thereof; and to make new divisions of such City into Wards, in like manner as is provided in the case of the said Towns; and the first election in such place as a City shall take place on the first Monday of the month of January next, after the end of three calendar months from the teste of such Proclamation. LXXXV. And be it enacted, That each of the Cities which shall be or remain incorporated as such under the authority of this Act, with the liberties thereof, shall, for all Municipal purposes, and such Judicial purposes as are herein or hereby specially provided for, but no other, be a County of itself: Provided always, nevertheless, that nothing herein contained shall prevent the Municipal Council of the County within or on the borders of the territorial limits whereof such County of a City shall lie, to hold their sittings, keep their public offices, and transact all their business and that of their officers and servants within the limits of such City or the liberties thereof, and to purchase and hold all such real property within such limits as may be necessary or convenient for such purposes or any of them. LXXXVI. And be it enacted, That the Justices of the Peace in and for the County within or on the borders of which such City shall lie, shall as such neither have nor exercise any jurisdiction over offences committed within such City or the liberties thereof; any law or usage Proviso: Quarter to the contrary thereof notwithstanding: Provided always, nevertheless County to have no jurisdiction within City. Sessions of the County may be held in City. firstly, that nothing herein contained shall be construed to prevent the General or Adjourned Quarter Sessions of the Peace for such County |