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tinue to exercise such Proclamation such Village, Town or City shall be made to consist their powers for
for immediately previous to the first day of January next after the end of a certain time.
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. Governor in
CXV. And be it enacted, That it shall and may be lawful for the Council may Governor of this Province, by any Order in Council, made upon the peenlarge bounda
tition of the Municipal Corporation of any Town or Village, by Proclaries, or alter the division, mation under the Great Seal of the Province, to add to the boundaries of &c., of a Town such Town or Village, and to make a new division of the Wards of any or Village, on petition of the such Town, and to alter the boundaries and number of such Wards, but Corporation. 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 As to first elec- the first erection of such Town; and the first election, under such enlargetion thereafter.
ment 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. Municipal Cor- CXVI. And be it enacted, That nothing herein contained shall be poration not to
construed to authorize any Municipal Corporation erected under the grant exclusive rights to exercise authority of this Act, to give any person or persons an exclusive right or any trade or privilege to exercise within the locality over which it has jurisdiction, calling.
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 pro
per Officer for issuing or granting to any such person a certificate of his Proviso as to
having complied with any such regulations as aforesaid; Provided Perries.
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. When a Police CXVII. And be it enacted, That whenever there shall be a Police Magistrate shall be appointed in a
Magistrate for any Town or City erected or to be erected under the Town or City, authority of this Act, the power of granting licenses to inn-keepers, and powers of grant- the keeping of ale and beer houses within such Town or City, or the ing tavern licenses vested in liberties thereof, under such By-laws as may be made for that purpose him,
by the Municipal Corporations thereof, shall be vested in and belong to
such Police Magistrate. Tavern-keepers CXVIII. And he it enacted, That the Mayor or Police Magistrate, keeping disor
with any two Aldermen or Justices of the Peace for any Town or City derly houses, to be tried before erected or to be erected under the authority of this Act, shall have full the Mayor or
power and authority upon complaint made to them or any one of them, Police Magistrate and two upon oath, of any riotous or disorderly conduct in the house of any Inn Aldermen or or Tavern Keeper in any such Town or City, to enquire summarily into Justices of the Peace.
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, Punishment on to investigate the same, and to dismiss the same with costs, to be paid conviction,
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 Affirmation required to be administered or taken under this Act, the person required ini
allowed in cer
tain cases into take such oath, if by law permitted to affirm instead of swear in judic stead of taking cial cases in Upper Canada, shall be optitled and required to make the oath. 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 Value of the prodifferent Townships, Incorporated Villages and Wards in Upper Canada ponty, a
perty assessed to
appear upon the shall contain the amount of the assessed value of the real and also the Roll. 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 vole, Voters to be sub
jects of Her or to be elected or appointed under this Act, who shall not at the time of
Majesty, and of
a his voting, election or appointment, be a natural-born or naturalized full age. 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 Persons appearof the Municipal Corporations erected or to be erected under the au- ingon Collector's
Roll as qualified thority of this Act, whether for Townships, Villages or Wards, each and 10 vote, only every person whose name shall appear upon the Collector's Roll, or copy required to take
certain paths. thereof, hereinbefore 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.
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 Returning offholding any election under this Act, shall have power to administer all cers authorized
to administer oaths or affirmations required to be administered or taken at any such oaths. election.
CXXV. And be it enacted, That the Heads of the several Municipal Heads of CorpoCorporations created or to be created under the authority of this Act, and porations, &c.,
authorized to also the Aldermen of the said Cities and the Justices of the Peace for administer oaths the several Towns, and also every County, City, Town, Township and in certain cases. 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 ihe same, and to
nesses in disputes as to
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 Penalty for con
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. Oaths may be CXXVI. And be it enacted, That in all matters of dispute of and adıninistered to concerning roads, allowances for roads, side lines, boundaries or concesparties and wit
sions, pending, or in the course of investigation before the said Munici
pal Corporations, it shall and may be lawful for the Head of each of the boundaries, &c.
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 cor
.rupt perjury: Officers elected
CXXVII. And be it enacted, That each Township, Village, Town or or appointed City Councillor, and each Township, County, Village, Town or City under this Act
Clerk, and each Justice of the Peace for any of the Towns aforesaid, and to take oath of
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 6 any partiality or malversation, or other undue execution of the said
“ office. So help me God.” Before whom the CXXVIII. And be it enacted, That the Head of every Municipal Head of a Muni- Corporation erected, or to be erected v
Corporation erected, or to be erected under the authority of this Act, cipal Corporation shall be sworn. shall be sworn or affirmned 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, Power to admin
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. An Oath of
CXXIX. And be it enacted, That every person who shall be elected qualification to or appointed under this Act, to any office which requires a qualification certain Officers.
of property in ihe 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 The oath,
“ instead of swear) that I am a natural. born (or naturalized) subject of
ister the oath.
be taken by
“Her Majesty, that I am truly and bonâ fide seized to my own use and
- year of the reign of Her “Majesty Queen Victoria, chaptered (inserting the chapter of this Act) “and intituled, An Act, &c. (inserting the title of this Act). So help me "God.”
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, refusal to take
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 any Proviso as to
persons having of the said offices for the year next before any such election or appoint- served in such ment, shall be obliged to serve or be sworn into the same or any other offices. of the said offices for the year succeeding such service.
CXXXI. And be it enacted, That all persons over sixty years of age, Certain persons all members of the Legislative Council, and of the Legislative Assembly, carving in any
exempted from all Officers and others in the service of the Crown, either civil or military Corporate Office. 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, whethier 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 Certain persons
disqualified from jurisdiction, no Naval or Military Officer on full pay, and no person being elected receiving any allowance from the Township, County, Village, Town or Aldermen or
Councillors. 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 Who may not be appointed Assessor for any Township, Village or Ward, who shall be a an Asse:sor, and
qualification of Councillor of such Township or Village, or of the Town or City in which an Assessor. 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
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. One Assessor 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 ed for more than one Ward. " more ihan one Ward in any City or Town. As to qualifica.
CXXXV. And be it enacted, That each and every Justice of the tion of Justices Peace for any of the said Towns shall be qualified in the same amount of the Peace.
of property, and shall take the same oaths as are required of other Jus
tices of the Peace. But no Warden of any County, Mayor, Recorder, No property
Police Magistrate, or Alderman of any City, Mayor or Police Magistrate qualification required by a of any Town, or Townreeve of any Township or Village, shall require Warden, Mayor, any property qualification to enable him lawfully to act as a Justice of &c.
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. Appointment of CXXXVI. And be it enacted, That one or more Coroners shall and one or more Coroners for each may be appointed for every City and Town that shall be or continue City and Town. incorporated as such under the authority of this Act. Police Trustees, CXXXVII. And be it enacted, That the Police Trustees of every &c., to be Health unincorporated Police Village, and the Members of the Municipal Officers under Act of U. C. 5 Corporation of every Incorporated Village, and of every Township, Town W.4c. 10, or and City in Upper Canada, shall be Health Officers within the jurisdicany future Act.
tion 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 Proviso: they Parliament of this Province for the like purpose: Provided always, may delegate nevertheless, that the Municipal Corporation of any of such Townships, their powers as such.
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 Corpora
tion, as in their discretion they shall think best. Provision with CXXXVIII. And be it enacted, That the places already established respect to existing Market
by competent authority as markets or market places in the several places.
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 · CXXXIX. And be it enacted, That notwithstanding any thing herein may purchase
a contained, it shall and may be lawful for the Municipal Corporation of property beyond limits of towns, any Town or City :o purchase, have and hold, and at their pleasure to &c., for Indus
sell, dispose of and convey such landed property beyond the limits of trial Farins, which shall, such Town or City and the Liberties thereof as shall or may, in their with regard to judgment, be necessary for the purpose of an Industrial Farm for such jurisdiction be deemed within
Town or City, which Industrial Faim with all the buildings, erections such Towns. 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