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being held within the limits of such City or the liberties thereof, and having and exercising all the jurisdiction and authority necessarily incident to the power of holding such Sessions; And provided always also, Proviso : with secondly, that nothing herein shall prevent or be construed to prevent to bersem
endorsement of the endorsement of Warrants as now provided for by law, nor to alter or Warrants. interfere with the effect of such endorsement.
LXXXVII. And be it enacted, That from the time of the erection of Cominissions of any Town into a City, any and every Commission of the Peace that the Peace to
cease on erection may have been issued for such Town shall cease and determine. of a City.
LXXXVIII. And he it enacted, That there shall be in and for each of Chief Constable the Cities which shall be or remain incorporated as such under the au- and High Bailift
to be appointed. thority of this Act, besides a Chief Constable, as provided with respect to incorporated Towns as aforesaid, one High Bailiff, who shall be appointed annually by the Corporation of such City.
LXXXIX. And be it enacted, That it shall and may be lawful for the Corporation may Corporation of any City which shall be or remain incorporated under erect any part of
the liberties into authority of this Act, by act of Common Council, from time to time, as outer Wards, it may seem expedient, to erect any part of the liberties contiguous to &c. such City, as their boundaries shall be at the time, into one or more outer Wards; and may from time to time, as it may seem expedient, alter and vary the boundaries of such outer Wards, or any of them, before they shall be annexed to the said City, as hereinafter provided.
XC. And be it enacted, That so soon as it shall appear by the census Provision for aniof any such City, that any one of its outer Wards contains as many nexing an outer
Ward to the City, inhabitants as by the census first taken after the passing of this Act, or on certain conafter the erection of such City, as the case may be, shall be found to be ditions. contained in the least populous of the Wards erected by this Act, or by the Proclamation erecting such City, and by the general Assessment Rolls of such City, that such outer Ward contains as much assessed property as by the first Assessment of the said City made after the passing of this Act, or after the issuing of such Proclamation as aforesaid, shall be found to be contained in the least wealthy of the Wards erected by this Act or by such Proclamation, it shall and may be lawful for the Mayor of such City, for the time being, and he is hereby required forthwith to issue a Proclamation, under the Seal of the said City, setting forth the same, and annexing such Ward lo such City, calling it by such name as the Common Council thereof shall think fit.
XCI. And be it enacted, That from the date of any such last men- When an outer tioned Proclamation, such Ward shall cease to be a part of the liberties, Ward is annexed
it shall cease to and shall from thenceforth constitute a Ward of such City, and have
form part of the incident to it, and its inhabitants every thing by this Act or any future liberties. Act of Parliament, or any act of Common Council, incident to the Wards of such City, or the inhabitants thereof in general, and every such Act shall extend to such Ward as it does or shalì to the other Wards of such City in general; Provided always, that no Election for Charter Officers Proviso as to for any such Ward, shall take place until the general Election for elections for such
Ward. such officers next ensuing the issuing of any such last mentiorred Proclamation.
XCII. And be it enacted, That the Gaol, Court House and House of Present Gaol, Correction of the County within the limits or on the borders of which any Court House,
&c., to coutinue such City shall be situate, shall be and continue to be the Gaol, Court as such for City House and House of Correction of such City, as well as of such County, and County, until such City shall by Act of Common Council otherwise direct ; and nmouiderer wise
direct ; and provided. the Sheriff, Gaoler and Keeper of every such County Gaol and House of Correction shall be bound to receive and safely keep until duly dis
charged, all persons committed thereto by any competent power or
authority of such City. A Recorder's XCIII. And be it enacted, That besides a Police Officer and Police Court to be established for each Magistrate, as provided with respect to Incorporated Towns as aforesaid, City.
and which shall have the like duties and powers in all respects in such City and the liberties thereof as is herein provided with respect to the Police Officers and Magistrates for incorporated Towns as aforesaid, there shall moreover be a Court of Record in each of the Cities, which shall be or remain incorporated as such under the authority of this Act,
which Court shall be called the Recorder's Court of such City, and Who shall preside in it.
wherein the Recorder for the time being shall preside, assisted by one or more of the Aldermen of such City, or in the absence of such Recorder from sickness or other causes, or when there shall be no Recorder, the
Mayor or one of the Aldermen of such City, to be elected by the AlderJurisdiction of
men from among themselves, shall preside; and that such Court shall Recorder's Court.
in all cases possess the like powers and have the like jurisdiction as to crimes, offences and misdemeanors committed in such City and the liberties thereof as the Courts of Quarter Sessions of the Peace now have or hereafter may have by Law in Upper-Canada, as to crimes, offences and misdemeanors committed within their local jurisdiction, as well as in all those matters of civil concern not belonging to the ordinary jurisdiction of a Court of Justice, as have been or may hereafter be by Law
vested in such Courts of Quarter Sessions of the Peace. Four Sessions XCIV. And be it enacted, That the said Recorder's Court shall hold in each year, and when.
four Sessions in each year, which Sessions shall commence on the second Monday in the months of January, April, July and October in each
year. Inhabitants of XCV. And be it enacted, That the inhabitants of every such City City and Liberties exempted
erected or to be erected under the authority of this Act, and of the liberfrom serving on ties thereof, at all times after the passing of this Act, or after the first certain Juries after a certain
day of January next after the end of the three calendar months from the date.
teste of the Proclamation erecting such City, as the case may be, shall be exempt from serving on Juries at any other than the City Courts and the Courts of Assize and Nisi Prius, Oyer and Terminer and General Gaol delivery for the County within the limits or on the borders of which
such City shall be situate. Who shall be XCVI. And be it enacted, That the Grand Juries of such Recorder's Grand Jurors for Courts shall consist of twenty-four persons to be summoned by the High the Recorder's Courts, and how Bailiffs of each of the said Cities, under precepts signed by the Recordsummoned. ers or Aldermen elected to sit for such Recorders, in the same manner
as Grand Juries of the Quarter Sessions are now or hereafter may be by
law summoned by the different Sheriffs in Upper Canada. Petit Jurors to be XCVII. And be it enacted, That the Panels of the Petit Jurors for summoned by
such Courts shall consist of not less than thirty-six nor more than sixty High Bailiffs.
Jurors to be summoned by the High Bailiffs of each of the said Cities, under precepts signed by the Recorders or Aldermen elected to sit for such Recorders in the same manner as Petit Jurors of the Quarter Sessions now are or hereafter may be by law summoned by the different
Sheriffs in Upper Canada. Who shall be
XCVIII. And be it enacted, That such persons only residing in the Grand and Petit said Cities or the liberties thereof, shall be summoned to compose the Jurors.
Grand and Petit Jurors of such Recorder's Courts as are at present or hereafter may be liable to be summoned as Grand and Petit Jurors
respectively, in any Court of Upper Canada. Authority of XCIX. And be it enacted, That the respective Grand Juries shall Grand Juries.
haye all the power and authority over offences committed in the said
Cities and the liberties thereof which Grand Juries for the General Quarter Sessions of the Peace in Upper Canada now have or hereafter may have.
C. And be it enacted, That the like Process and Proceeding now had Powers of in the said General Quarter Sessions of the Peace in criminal cases, Courts of Quar
ter Sessions shall and may be used in the said Recorder's Courts when exercising vested in Recor
der's Courts. criminal jurisdiction, and the like power to take recognizances and all other powers and duties incidental to such jurisdiction, and which the said Courts of General Quarter Sessions now or hereafter may possess by law, together with the powers granted by this Act, are herehy vested in the said Recorder's Courts as far as regards any offences, crimes and misdemeanors arising or committed within such Cities and the liberties thereof respectively.
CI. And be it enacted, That upon the acquittal of any Defendant or On acquittal of a Defendants in any of the said Recorder's Courts, the Recorder or presi- co
to be paid out of ding Alderman thereof, shall upon its appearing to the satisfaction of the City funds, when said Court, that there was a reasonable and probable cause for such there was rea
sonable cause for prosecution, order the costs thereof to be taxed by the Clerk of the said prosecution. Court to be paid out of the City Funds.
CII. And be it enacted, That every such Recorder shall have the Recorder may power of suspending from the duties of his Office any High Bailiff, Chief suspend High
Bailiff, Cliet Constable or Constable of the City of which he is the Recorder, for any Constable, &c., period in his discretion, and that immediately after such suspension he from their duties. shall report the same with the cause thereof, if he deem such High Bailiff, Chief Constable or Constable, deserving of dismissal for the cause of such suspension, to the Common Council of such City, and the said Common Council shall thereupon in their discretion, dismiss such High Bailiff, 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 High Bailiff, Chief Constable or Constable shall be capable of acting in his said Office except by the express permission of the Recorder of such City in writing, nor shall such High Bailiff, Chief Constable or Constable be entitled to any salary or remuneration for the period of such suspension : Provided always, Proviso as to a that it shall be in the power of such Recorder to appoint some fit and Bailiff, &c. pro proper person to act as High Bailiff, Chief Constable or Constable during
tempore. the period of such suspension of any High Bailiff, Chief Constable or Constable as aforesaid. CIII. And be it enacted, That the Clerks of the Common Councils of Who shall be
Clerks of Recorthe said Cities shall be Clerks of the Recorders' Courts, and perform the
der's Courts. same duties and receive the same emoluments as now appertain to the Clerks of the Peace in Upper Canada. CIV. And be it enacted, That the Recorders for the several Cities Appointment
and qualification which shall be or remain incorporated as such under the authority of of Recorders. this Act, shall be Barristers of Upper Canada of not less than five years' standing, and shall be appointed by the Crown during pleasure, and every such Recorder shall be ex officio a Justice of the Peace, in and for the City and Liberties thereof, for which he shall be appointed, and shall receive a salary of not less than two hundred and fifty pounds per annum, payable quarterly out of the Municipal Funds of such City: Provided Proviso: not to always nevertheless, that a Recorder shall not in the first instance be be appointed appointed for any of such Cities until after the Corporation of such City tion of the Core shall have communicated to the Governor General of this Province, poration. through the Provincial Secretary thereof, their opinion that such an Officer was required for the better conduct of the affairs of such City, and administration of justice therein.
Offices of Re- . CV. And be it enacted, That it shall and may be lawful for any such corder and
Common Council in any such communication, to declare their opinion Police Magistrate may be
that the said offices of Recorder and Police Magistrate may be vested vested in the in the same person for some time thereafter, in every which case the same person.
same person shall be appointed to both of such offices, and the said offices shall remain united in such person and his successors until such Common Council shall have further communicated to the Governor General of this Province, their opinion that such offices should no longer
continue united; from which time the same shall be held separately: Proviso as to Provided always, that during the union of such offices the person holdsalary in such
ing the same shall not be entitled to any other than the salary herein case.
provided for the office of Recorder. Powers of City CVÍ. And be it enacted, That the Common Council of such City shall Councils to be
have all and singular the powers and authority within such City and the similar to those of Town Coun Liberties thereof, which the Town Council of any Town incorporated
under the authority of this Act, may or can lawfully use or exercise
therein. City Councils CVII. And be it enacted, That the Common Council of each of the may make By-laws for
Cities which shall be or remain incorporated under the authority of this
of the following purposes, that is to say: Erection of a Firstly. For erecting and establishing and also providing for the City Hall, Gaol, proper keeping of a City Hall, Court House, Gaol, House of CorHouse of Correction, &c.
ection and House of Industry in and for such City and the Liberties thereof, and appointing the Inspectors of any such House of
Industry. Regulating the Secondly. For regulating, in their discretion, the erecting of buildings erection of
and preventing wooden buildings and wooden fences from being erected wooden buildings ;
in such City. Borrowing
Thirdly. For borrowing under the restrictions and upon the security moneys.
hereinafter mentioned all such sums of money as shall or may be necessary for the execution of any city work within their jurisdiction, and the
scope of the authority by this Act conferred upon them. Levying moneys Fourthly. For raising, levying, and appropriating such moneys as by rate.
may be required for all or any of the purposes aforesaid by means of a rate to be assessed equally on the whole rateable property of sich City, according to any law which shall be in force in Upper Canada, concern
ing rates and assessments. Carrying into Fifthly. For making all such laws as may be necessary and proper execution powers vested in thein.
for carrying into execution the powers herein vested or hereafter to be vested in the Corporation of such City or in any department or office thereof, for the peace, welfare, safety and good government of such City 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 Pro
vince, or of the Parliament of Upper Canada, or to the general laws of Proviso as to that part of this Province: Provided always nevertheless, firstly, that no fines for breach person shall be subject to be fined more than five pounds exclusive of of By-laws;
costs, or to be imprisoned more than thirty days for the breach of any Or for not accept- By-law or Regulation of such City; And provided also, secondly, that ing office.
no person shall be compelled to pay a greater fine than twenty pounds, for refusing or neglecting to perform the duties of any municipal office,
when duly elected or appointed thereto. Repealing or Sixthly. For the repeal, alteration or amendment, from time to time, amending By-laws.
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 City.
VI. MISCELLANEOUS PROVISIONS. CVIII. And be it enacted, That of the Municipal Corporations erecte Who shall be the or to be erected under the authority of this Act, the Warden of each
Heads of the dif
ferent CorporaCounty shall be the Head of the Municipal Council or Corporation of tions. such County, the Mayor of each City and Town shall be the Head of the Town or Common Council or Corporation of such City or Town respectively, and the Townreeve of each Township and Village, the Head of the Municipality or Corporation of such Township or Village respectively.
CIX. And be it enacted, That the Head of every such Municipal Head of any Corporation as aforesaid shall ex officio be a Justice of the Peace, in and
be ex officio a for the County within or on the borders of which the Township, Village, Justice of the Town or City, in or over which he shall preside as such Head as afore
Peace. said, shall be situate, and shall have within every such County, as well as within the limits of the Jurisdiction of the Municipal Corporation over which he presides, all and singular the powers and jurisdiction as well civil as criminal which belong to that office.
CX. And be it enacted, That in the event of the absence of the Head Absence of more of any such Municipal Corporation from the duties of his office for a months at a time
than three period exceeding at one time ihree calendar months, without having been without leave, first authorized so to absent himself by a resolution of such Municipal
to vacate the Corporation, he shall vacate his office; and in such case, it shall and may be lawful for such Municipal Corporation, at a special meeting thereof for that purpose, to be convened within three days after such office shall become vacant, to elect from among themselves a successor Vacancy how
filled. to such Head of such Municipal Corporation, who shall hold office for the remainder of the time of service of his immediate predecessor, which Head of such Corporation shall be sworn into office as is in and by this Act provided. CXI. And be it enacted, That it shall and may be lawful for the Resignation of
Heads of CorpoHead of such Municipal Corporation, at any time, by and with the con- rations. sent of such Municipal Corporation, to resign his office; and his successor shall in such case be elected within the time and in the manner, and for the same period as is provided in the next preceding section of this Act. CXII. And be it enacted, That if any of the Members of any such Members of
Corporations Municipal Corporations, erected or to be erected under the authority of becoming insolthis Act, shall be declared a Bankrupt, or shall apply to take the benefit vent to cease to
be Members, of any Act for the relief of Insolvent Debtors, or shall compound by deed with his creditors, then, and in every such case, such person shall thereupon immediately become disqualified, and shall cease to be a Member of such Municipal Corporation, for the residue of the time for which upon such bankruptcy, insolvency, or composition with his creditors, such Member of such Municipal Corporation was liable to serve; and the vacancy thereby created shall be filled as in the case of the natural death of such Member of such Municipal Corporation. CXIII. And be it enacted, That the head of every such Municipal Power to Head of
Corporation to Corporation, or, in his absence, the Chairman thereof, shall have power administer certo administer an oath or oaths, affirmation or affirmations, to any person tain oaths. or persons concerning any account or other matter which shall be submitted to such Municipal Corporation. CXIV. And be it enacted, That for and notwithstanding the issue of Notwithstanding
proclamation inany Proclamation under the authority of this Act for the incorporation of procl
corporating any Village or for the erection of any Village into a Town, or of any Vilages, &c., Town into a City, the Municipal Corporation existing in or having au- Municipal.com thority over such Village or Town, or the Hamlet or place of which by existing to con