tinue to exercise their powers for a certain time. Governor in As to first election thereafter. Municipal Cor poration not to grant exclusive any trade or calling. such Proclamation such Village, Town or City shall be made to consist immediately previous to the first day of January next after the end of three calendar months from the teste of such Proclamation, and all and singular the members, officers and servants of the same respectively, shall upon, and from such last mentioned first day of January, until the fourth Monday of the same month, continue to have, exercise and perform all and singular the Municipal and other powers, functions and duties which, immediately previously to such last mentioned first day of January, shall or may by law have been vested in them respectively, to all intents and purposes as if such Proclamation had not been issued. CXV. And be it enacted, That it shall and may be lawful for the Governor of this Province, by any Order in Council, made upon the petition of the Municipal Corporation of any Town or Village, by Proclamation under the Great Seal of the Province, to add to the boundaries of such Town or Village, and to make a new division of the Wards of any such Town, and to alter the boundaries and number of such Wards, but so that there be not less than three Wards therein, and that no Ward shall by such division contain less than the number of inhabitants contained in the least populous Ward of such Town by the first census taken after the first erection of such Town; and the first election, under such enlargement or new division of such Town or Village, shall take place on the first day of January next, after the end of three calendar months from the teste of such Proclamation. CXVI. And be it enacted, That nothing herein contained shall be construed to authorize any Municipal Corporation erected under the rights to exercise authority of this Act, to give any person or persons an exclusive right or privilege to exercise within the locality over which it has jurisdiction, any trade or calling concerning which such Municipal Corporation may be hereby empowered to make regulations, or to require that a license to exercise the same be taken from such Municipal Corporation or any Officer thereof, or to impose any special tax on any person or persons exercising the same except only such reasonable fee, not in any case exceeding five shillings, as may be necessary for remunerating the proper Officer for issuing or granting to any such person a certificate of his having complied with any such regulations as aforesaid; Provided always nevertheless, that nothing herein contained shall affect the right of any Municipal Corporation to the exclusive privilege of any ferry now vested in the present Corporation of such County, City, Town or Village. CXVII. And be it enacted, That whenever there shall be a Police Magistrate for any Town or City erected or to be erected under the authority of this Act, the power of granting licenses to inn-keepers, and the keeping of ale and beer houses within such Town or City, or the liberties thereof, under such By-laws as may be made for that purpose by the Municipal Corporations thereof, shall be vested in and belong to such Police Magistrate. Proviso as to When a Police be appointed in Town or City, a powers of grant ing tavern licenses vested in him. Tavern-keepers keeping disorderly houses, to be tried before the Mayor or Police Magistrate and two Aldermen or Justices of the Peace. Punishment on conviction. CXVIII. And be it enacted, That the Mayor or Police Magistrate, with any two Aldermen or Justices of the Peace for any Town or City erected or to be erected under the authority of this Act, shall have full power and authority upon complaint made to them or any one of them, upon oath, of any riotous or disorderly conduct in the house of any Inn or Tavern Keeper in any such Town or City, to enquire summarily into the matter of such complaint, and for the Mayor or Police Magistrate of such Town or City, to summon such Inn or Tavern-keeper to appear to answer such complaint, and thereupon it shall be lawful for the Mayor or Police Magistrate, with any two Aldermen or Justices of the Peace, to investigate the same, and to dismiss the same with costs, to be paid by the complainant, or to convict the said Inn or Tavern-keeper of having a riotous or disorderly house, and to abrogate the license, or to suspend the benefit of the same for any period not exceeding sixty days; and during the period of such suspension, such Inn or Tavern-keeper shall lose all the powers, privileges and protection that would otherwise have been afforded him by his said license. CXIX. And be it enacted, That in every case in which an oath is required to be administered or taken under this Act, the person required to take such oath, if by law permitted to affirm instead of swear in judicial cases in Upper Canada, shall be entitled and required to make solemn affirmation to the same effect as the oath which would otherwise be required. CXX. And be it enacted, That in future the Collector's Rolls for the different Townships, Incorporated Villages and Wards in Upper Canada shall contain the amount of the assessed value of the real and also the amount of the assessed value of the personal property of each person whose name shall appear upon such Roll, as well as the amount to be collected from such person. CXXI. And be it enacted, That no person shall be qualified to vote, or to be elected or appointed under this Act, who shall not at the time of his voting, election or appointment, be a natural-born or naturalized subject of Her Majesty, Her Heirs or Successors, and of the full age of twenty-one years. CXXII. And be it enacted, That in all elections of Members of any of the Municipal Corporations erected or to be erected under the authority of this Act, whether for Townships, Villages or Wards, each and every person whose name shall appear upon the Collector's Roll, or copy thereof, herein before required to be procured for the purposes of such election, as having been taxed as a freeholder or householder in any such Township, Village or Ward, to an amount sufficient to entitle him to vote at such election, shall be entitled to vote at such election for the same, without any other enquiry and without taking any oath or affirmation other than that he is the person named in such Collector's Roll, that he is of the full age of twenty-one years, and is a natural-born, or naturalized subject of Her Majesty, that he is resident within such Township, Village or Ward, and that he has not before voted at such election. Affirmation tain cases instead of taking allowed in cer the oath. Value of the property assessed to appear upon the Roll. Voters to be sub- Persons appearing on Collector's Roll as qualified to vote, only required to take certain oaths. CXXIII. And be it enacted, That every person wilfully swearing or False swearing, affirming falsely in any oath or affirmation required to be taken under &c., perjury. this Act, shall be liable to the pains and penalties of wilful and corrupt perjury. CXXIV. And be it enacted, That every Returning Officer, or person holding any election under this Act, shall have power to administer all oaths or affirmations required to be administered or taken at any such election. Returning Officers authorized oaths. to administer Heads of Corpoportions, &c., authorized to administer oaths in certain cases. CXXV. And be it enacted, That the Heads of the several Municipal Corporations created or to be created under the authority of this Act, and also the Aldermen of the said Cities and the Justices of the Peace for the several Towns, and also every County, City, Town, Township and Village Clerk, appointed under the authority of this Act, shall have authority to administer any oath or affirmation required to be taken under this Act, and relating to the business of the place in which he shall hold such office as aforesaid, except where it is or shall be otherwise specially provided, or except where he shall be the party required to take such oath or affirmation; and it shall be the duty of any person admin- Deposit of the istering such oath or affirmation to preserve the same, duly certified by oath, &c. him and subscribed by the party taking or making the same, and to Penalty for contravention. Oaths may be parties and witnesses in disputes as to boundaries, &c. deposit the same in the office of the County, City, Town, Township or Village Clerk, for the County, City, Town, Township or Village in which the said oath or affirmation shall be taken or made, and to the business and affairs of which it shall properly belong, within eight days after such oath or affirmation shall be administered, on pain of being deemed guilty of a misdemeanor. CXXVI. And be it enacted, That in all matters of dispute of and administered to concerning roads, allowances for roads, side lines, boundaries or concessions, pending, or in the course of investigation before the said Municipal Corporations, it shall and may be lawful for the Head of each of the said Municipal Corporations to administer an oath or affirmation to any of the contending parties, and to any witness to be examined touching or concerning the said matters in dispute, and that any person falsely swearing or affirming in that behalf shall be guilty of wilful and corrupt perjury, Officers elected or appointed under this Act to take oath of Office. The oath. Before whom the cipal Corporation shall be sworn. CXXVII. And be it enacted, That each Township, Village, Town or City Councillor, and each Township, County, Village, Town or City Clerk, and each Justice of the Peace for any of the Towns aforesaid, and each Assessor and Collector, and each Returning Officer and Returning Officer's Clerk, and each Constable or other Officer, who shall be appointed under this Act, by any Municipal Corporation, shall, before entering on the duties of his office, take and subscribe an oath or affirmation to the effect following, that is to say: "I, A. B., do solemnly swear, (or affirm, where the party is entitled to affirm instead of swear) that I will truly, faithfully and impartially, to the "best of my knowledge and ability, execute the office of (inserting the name of the office) to which I have been elected (or appointed) in this 'Township, (County, &c.) and that I have not received and will not "receive any payment or reward, or promise of such for the exercise of any partiality or malversation, or other undue execution of the said "office. So help me God." CXXVIII. And be it enacted, That the Head of every Municipal Head of a Muni- Corporation erected, or to be erected under the authority of this Act, shall be sworn or affirmed into office by the Highest Court of Law or Equity whether of general or only of local jurisdiction, which shall at the time be sitting within the limits of such Corporation, or by the Chief Justice or other Justice or Judge of such Court at his chambers, or if there be no such Court, Justice or Judge within the limits of such Corporation at the time, then before the Recorder or Police Magistrate of such City or Town, or any Justice of the Peace of the County or Town in or over which such Corporation shall have jurisdiction, or in the case of Townships and Villages, by any Justice of the Peace for the County in which such Township or Village shall be situate, or in case there shall be no such Court, Justice, Judge, or Justice of the Peace within such limits at the time, then before the Clerk of such Municipal Corporation, in the presence of a meeting of such Corporation, which several Courts, Justices, Judges, Recorders, and Police Magistrates, and Justices of the Peace, and Clerks are hereby severally authorized and required to administer such oath or affirmation, and to give the necessary certificate of the same having been duly taken and subscribed. Power to administer the oath. An Oath of qualification to be taken by certain Officers. The oath. CXXIX. And be it enacted, That every person who shall be elected or appointed under this Act, to any office which requires a qualification of property in the incumbent, shall, before he shall enter into the duties. of his office, take and subscribe an oath or affirmation to the effect following, that is to say: "I, A. B., do swear (or affirm, where the party is entitled to affirm "instead of swear) that I am a natural born (or naturalized) subject of "Her Majesty; that I am truly and bonâ fide seized to my own use and refusal to take CXXX. And be it enacted, That each and every qualified person Penalty for duly elected or appointed to be a Police Trustee of any police village, office or oaths, or Councillor or Townreeve of any Township or Village, or a Councillor, &c. Alderman, or Mayor of any Town or City, or a Township, Village, Town, or City Assessor or Collector, who shall refuse such office, or who shall refuse or neglect to take the oath or affirmation of office and that of qualification, under this Act, within twenty days after he shall be so elected or appointed, and have had notice of such election or appointment, and every person duly authorized to administer such oath or affirmation who shall refuse to administer the same when such administration is reasonably demanded of him, shall, upon conviction thereof before any Court of competent jurisdiction, forfeit and pay not more than twenty pounds, and not less than two pounds, at the discretion of the Court, and to the use of Her Majesty, Her Heirs and Successors, together with such costs of prosecution as shall be adjudged by the Court: Provided always, that no person who shall have served in of the said offices for the year next before any such election or appointment, shall be obliged to serve or be sworn into the same or any other of the said offices for the year succeeding such service. any CXXXI. And be it enacted, That all persons over sixty years of age, all members of the Legislative Council, and of the Legislative Assembly, all Officers and others in the service of the Crown, either civil or military on full pay, all Judges, Sheriffs, Coroners, Gaolers, and Keepers of houses of correction, all persons in Priest's orders, Clergymen and Ministers of the Gospel of any denomination, all members of the Law Society of Upper Canada, whether Students or Barristers, all Attornies and Solicitors in actual practice of their professions, all Officers of Courts of Justice, all Members of the Medical profession, whether Physicians or Surgeons, and all Professors, Masters, Teachers, and other Members of any University, College or School in Upper Canada, and all Officers and Servants thereof, and all Millers, and Firemen belonging to any regular Fire Company, shall be and are absolutely free and exempt from being elected or appointed to any Corporate Office whatsoever. CXXXII. And be it enacted, That no Judge of any Court of civil jurisdiction, no Naval or Military Officer on full pay, and no person receiving any allowance from the Township, County, Village, Town or City, (except in the capacity of Councillor, or in capacities incident thereto,) and no person having by himself or partner any interest or share in any contract with or on behalf of the Township, County, Village, Town or City, in which he shall reside, shall be qualified to be, or be elected Alderman or Councillor for the same, or for any Ward therein. CXXXIII. And be it enacted, That no person shall be qualified to be appointed Assessor for any Township, Village or Ward, who shall be a Councillor of such Township or Village, or of the Town or City in which such Ward shall be situate, or an Alderman or Councillor of the City in which such Ward is situate, nor shall any person be appointed such Assessor unless he shall, at the time of his election or appointment, be Proviso as to persons having served in such offices. Certain persons serving in any exempted from Corporate Office. Certain person s disqualified from being elected Aldermen or Councillors. Who may not be an Assessor, and qualification of an Assessor. One Assessor seized or possessed to his own use, of property sufficient to qualify him to be elected a Councillor for such Township or Village, or the Town or City in which such Ward shall be situate. CXXXIV. And be it enacted, That nothing in this Act_contained, may be appoint shall prevent any person from being appointed Assessor or Collector for more than one Ward in any City or Town. ed for more one Ward. As to qualification of Justices of the Peace. No property qualification required by a Warden, Mayor, Appointment of one or more Coroners for each &c., to be Health Officers under Proviso: they may delegate their powers as such. Provision with ing Market places. CXXXV. And be it enacted, That each and every Justice of the Peace for any of the said Towns shall be qualified in the same amount of property, and shall take the same oaths as are required of other Justices of the Peace. But no Warden of any County, Mayor, Recorder, Police Magistrate, or Alderman of any City, Mayor or Police Magistrate of any Town, or Townreeve of any Township or Village, shall require any property qualification to enable him lawfully to act as a Justice of the Peace, nor shall any other oath be required of him than his oath of office as such Warden, Mayor, Recorder, Police Magistrate, Alderman, or Townreeve, and the oath of qualification for such office; any law to the contrary notwithstanding. CXXXVI. And be it enacted, That one or more Coroners shall and may be appointed for every City and Town that shall be or continue incorporated as such under the authority of this Act. CXXXVII. And be it enacted, That the Police Trustees of every unincorporated Police Village, and the Members of the Municipal Corporation of every Incorporated Village, and of every Township, Town and City in Upper Canada, shall be Health Officers within the jurisdiction of such Police Villages or Municipal Corporations, within and under the provisions of the Act of the Parliament of the late Province of Upper Canada, passed in the fifth year of the reign of His late Majesty King William the Fourth, intituled, An Act to promote the Public Health, and to guard against infectious diseases in this Province, and under any Act that may be hereafter passed in the present or any future Session of the Parliament of this Province for the like purpose: Provided always, nevertheless, that the Municipal Corporation of any of such Townships, Villages, Towns or Cities shall and may by a By-law to be passed for that purpose, delegate the powers hereby conferred upon them, either to a Committee of their own Members, or to some of their own Members and others, or wholly to persons who are not Members of such Corporation, as in their discretion they shall think best. CXXXVIII. And be it enacted, That the places already established respect to exist- by competent authority as markets or market places in the several Villages, Towns and Cities in Upper Canada, shall be and remain markets and market places with all the privileges attached thereto until otherwise directed by competent authority in that behalf, and all market reservations or appropriations which by Act of Parliament or otherwise shall have been and shall then continue vested in the Municipal authority of any such Village, Town or City, or in Trustees for their use and benefit at the time this Act shall come into force, shall be and the same are hereby vested in the Municipal Corporation of such Village, Town or City erected under this Act. Corporations may purchase CXXXIX. And be it enacted, That notwithstanding any thing herein property beyond contained, it shall and may be lawful for the Municipal Corporation of any Town or City to purchase, have and hold, and at their pleasure to sell, dispose of and convey such landed property beyond the limits of such Town or City and the Liberties thereof as shall or may, in their judgment, be necessary for the purpose of an Industrial Farm for such Town or City, which Industrial Farm with all the buildings, erections and improvements so to be purchased as aforesaid, shall, with regard to jurisdiction only, be deemed and taken to be within the limits of such limits of towns, &c., for Industrial Farms, which shall, with regard to jurisdiction be deemed within such Towns. |