Town in the case of Towns, and within the Liberties of such City, in the case of Cities, and within the jurisdiction of such Town or City for all such purposes.

CXL. And be it enacted, That it shall and may be lawful for the Mayor, Recorder, Police Magistrate, or any two Aldermen or Justices of the Peace for any Town or City erected or to be erected under the authority of this Act, to commit to hard labour at, or send to such Industrial Farm, under such regulations as shall be established for the government thereof, any or such description of persons as may by the By-laws of the Corporation of such Town or City, from time to time, be adopted or declared expedient or necessary.

Mayor, &c., may commit to hard trial Farms.

labour on Indus

Proviso: the

title to cemetery

to be obtained under a By-law.

Proviso: no such By-law to

CXLI. And be it enacted, That notwithstanding any thing hereinbe- Corporations fore contained, it shall and may be lawful for the Municipal Corporation may purchase real property for of any Village, Town or City to purchase, have and hold such and so cemeteries. much real property lying as well beyond as within the limits of such Village, Town or City, or the Liberties thereof, as in their judgment shall or may from time to time be or become necessary for the purpose of one or more public Cemeteries for the interment of the dead: Provided always nevertheless, firstly, that the title to every such Cemetery shall be obtained or accepted by such Municipal Corporation under the authority of a By-law of such Corporation to be passed for that purpose, in which By-law such property shall in express terms be appropriated for the purpose of such Cemetery, and no other: And provided also, secondly, that it shall not be in the power of any such Municipal Corporation, at any time thereafter, to repeal any such By-law, or to make or suffer to be made any other use of the property so obtained or accepted than for the purpose of such Cemetery: And provided also, thirdly, that every such Cemetery, although lying beyond the limits of such Village Town or City as settled by this or any other Act of Parliament, or by any Proclamation to be issued under the authority of the same, shall, from the time that the title shall become vested in such Corporation, cease to be a part of the Township within which it shall lie, and shall become and be a part of such Village, Town or City to all intents and purposes as if such Cemetery lay within the limits of such Village, Town or City as settled by such Act or Proclamation.

CXLII. And be it enacted, That notwithstanding any thing herein contained, it shall and may be lawful for the Municipal Corporation of any Village, Town or City, to purchase, have and hold, and at their pleasure to sell, dispose of and convey such landed property as well beyond as within the limits of such Village, Town or City or the Liberties thereof, as shall or may in their judgment be necessary for the purpose of one or more magazines for the deposit and safe keeping of gunpowder, so as to prevent danger therefrom to any such Village, Town or City.

CXLIII. And be it enacted, That every Municipal Corporation erected or to be erected under the authority of this Act, at the first meeting of such Corporation in each year next after the Head of such Municipal Cor poration for such year shall have been elected and sworn into office, shall appoint two persons to be and to be called Auditors of such Corporation, one of whom shall be appointed on the nomination of the Head of such Corporation, and the other in the same manner as other Municipal Officers are appointed: Provided always, firstly, that no person shall be appointed such Auditor who shall be a Member of such Corporation or the Clerk or Treasurer thereof, or who shall have been such Member, Clerk or Treasurer for the preceding year, nor any person who then shall have had for such preceding year, or shall then have directly or indirectly by himself or in conjunction with any other person, any share or interest

be repealed, &c.

Proviso: such
cemeteries tho'
&c, to be deemed
part thereof, &c.

out of the Town,

Corporations of Cities, &c., may perty beyond the limits of such

purchase pro

cities, &c., for powder magazines.

Two Auditors to be appointed

by every Municipal Corporation.

Proviso: who appointed Auditors.

shall not be

Proviso: Audi

tors to take an oath.

The oath.

Auditors to examine all

accounts against or concerning Corporation.

To publish a statement of

expenditures and

liabilities of Corporation.

And file a duplithereon with the

cate report

Clerk of the
Corporation.

Governor in Council to regulate ferries over which this Act does not confer

jurisdiction upon Municipal Councils &c.

Writ of Summons in nature

of

quo warranto

in any contract or employment with, by or on behalf of such Corporation;
And provided also, secondly, that no person appointed an Auditor for
such Corporation shall be capable of acting as such, until he shall have
previously made and subscribed before the Head of such Corporation, an
oath or affirmation in the words or to the effect following, that is to say:
"I, A. B., having been appointed to the office of Auditor for the
"Municipal Corporation of
do hereby promise and swear,
"that I will faithfully perform the duties of such office according to the
"best of my judgment and ability; and I do swear and declare, that I
"had not directly or indirectly any share or interest whatever in any
"contract or employment with, by, or on behalf of such Municipal Cor-
"poration during the year preceding my appointment, and that I have
66 not any contract or employment for the present year. So help me God."

CXLIV. And be it enacted, That it shall be the duty of such Auditors to examine, settle and allow or report upon all accounts which may be chargeable upon or may concern such Corporation, and which may relate to any matter or thing under the control of, or within the jurisdiction of such Corporation for the year ending on the thirty-first day of December preceding their appointment as such Auditors; and to publish a detailed statement of the receipts and expenditures and liabilities of such Corporation in two newspapers published within the jurisdiction thereof, or in those nearest thereto; and to file their report thereon in duplicate in the Office of the Clerk of such Municipal Corporation, which they shall do in at least one month after their appointment, and from thenceforth one of such duplicate reports shall at all seasonable hours be open to the inspection of any inhabitant of such Township, County, Village, Town or City, with power to take by himself, or his clerk or agent, but at his own expense, a copy or copies or an extract or extracts from the same at his pleasure.

CXLV. And be it enacted, That as to all ferries over which jurisdiction is not by this Act conferred either upon the Municipal Council of some County or the Common Council of some City, and in all cases in which such jurisdiction is hereby conferred, but in which no By-law shall have been passed by such Municipal Council or Common Council, and assented to as herein before provided, for the regulations of such ferry, and until such By-law shall be passed and assented to as aforesaid, it shall and may be lawful for the Governor of this Province, in Council, from time to time, to regulate such ferries, and to establish the rates of pay or hire to be taken by the owners or conductors of the boats or vessels employed on such ferries.

CXLVI. And be it enacted, That at the instance of any relator having an interest as a candidate or voter in any election to be held under the authority of this Act, a Writ of Summons, in the nature of a verted elections. quo warranto, shall lie to try the validity of such election, which Writ

to issue for the

trial of contro

Security.

shall issue out of Her Majesty's Court of Queen's Bench for Upper Canada, upon an order of that Court in term time, or upon the fiat of a Judge thereof in vacation, upon such relator, shewing upon affidavit to such Court or Judge reasonable grounds for supposing that such election was not conducted according to law, or that the party elected or returned thereat, was not duly or legally elected or returned. And upon such relator entering into a recognizance before the said Court or any Judge thereof, or before any Commissioner, for taking bail in such Court, him self in the sum of fifty pounds, and two sureties to be allowed as sufficient upon affidavit, by such Court or Judge, in the sums of twentyfive pounds each, conditioned to prosecute with effect the Writ to be issued upon such order or fiat, and to pay to the party against whom the same shall be brought, his executors or administrators, all such costs as

shall be adjudged to such party against him the said relator, thereupon such Writ shall be issued accordingly: and the said Writ shall be returnable upon the eighth day after that on which it shall be served on such party by the delivery of a copy thereof to him personally, or in the manner hereinafter provided for before some one of the Judges of the said Court at Chambers, which Judge shall have power, upon proof by affidavit of such personal or other service, and he is hereby required to proceed in a summary manner upon statement and answer, and without formal pleadings, to hear and determine the validity of such election, and to award costs against the relator or defendant upon such Writ as he shall deem just.

CXLVII. And be it enacted, That on the first day on which such Court shall sit after such judgment shall be given by such Judge, whether such day shall be in the same or the following Term, the said Judge shall deliver such Writ and judgment with all things had before him touching the same into such Court, there to remain of record as a judgment of the said Court, as other judgments rendered therein, and such judgment shall thereupon be enforced by peremptory Mandamus and by such Writs of Execution for the costs awarded by such judgment as occasion shall or may require.

CXLVIII. And be it enacted, That in case the party against whom such Writ of Summons shall be brought, shall keep out of the way to avoid personal service thereof on him as aforesaid, it shall and may be lawful for the Judge before whom the same is returnable, upon being satisfied thereof upon affidavit, to make an order for the service of such Writ either by the leaving a copy thereof at the dwelling-house of such party with his wife or other grown-up person there, or in any other manner that such Judge shall deem the ends of justice to require according to the circumstances laid before him upon affidavit for that purpose, and upon service of such Writ being made according to such order and proof thereof by affidavit, it shall be lawful for such Judge and he is hereby required to proceed thereupon as if the said Writ of Summons had been served personally on the party.

CXLIX. And be it enacted, That where two or more of such Writs be brought to try the validity of the same election, all such Writs after the first shall be made returnable before the same Judge before whom such first writ shall have been made returnable, and such Judge shall proceed upon such Writs by giving separate judgments upon each, or one judgment upon all, as the justice of the case may in his opinion require. CL. And be it enacted, That it shall be lawful for every such Judge to cause the Collector's Rolls, Poll Books and any other Records of such Election to be brought before him by Certiorari, and upon the trial of the validity of such election upon any such Writ, such Judge shall enquire into the facts to be established by personal evidence either by affidavit or affirmation, or by oral testimony taken before him as at Nisi Prius, or by issues to be framed by him for that purpose, and to be sent to be tried by Jury by Writ of Trial to be directed to such Inferior Court of Civil Jurisdiction as shall be named by such Judge for that purpose, not however being one having jurisdiction in or over the locality for which such election shall have been held, or by one or more of those methods of enquiry as such Judge shall deem the ends of justice to require.

CLI. And be it enacted, That no Mandamus or other Writ of Execution shall issue upon any such judgment until the same shall have been in the possession of the Court for four days in term time, one of such days being that on which the same shall have been so delivered in as aforesaid, nor while any rule shall be pending for the reversal or alteration of such judgment by such Court as hereinafter provided.

Return of Writ and proceedings

thereon.

Costs.

On first Court ment Judge shall day after judgdeliver Writ and judginent into Court, and the same shall be enforced by permus &c.

emptory Manda

How service of

made when the party keeps out of the way.

the Writ may be

Provision when several Writs same election,

issue to try the

Judge may cause
Collector's Rolls,
Poll Books, &c.,

to be brought
certiorari, and
ascertain facts
by evidence, &c.

before him by

Execution not to issue till four time after judgment.

days in term

Judgments to be examinable in term time on

application made within four days.

Court of Q, B. to settle forms of

Writs of Summons, practice, costs, &c.

Provision when

per Officer to hold an election.

CLII. And be it enacted, That every such preliminary judgment, so to be given by any such Judge as aforesaid, shall be examinable by such Court in term time, on an application for that purpose made within such four days, either by the party against whom such preliminary judgment was given, or by any other party interested either as Voter or Candidate in such election, and the same may be thereupon reversed, altered or affirmed by such Court either with or without costs to be paid by the party against whom the decision of the Court upon such application shall be given, as in the judgment of such Court the Law of the Land shall require.

CLIII. And be it enacted, That it shall and may be lawful for Her Majesty's said Court of Queen's Bench for Upper Canada, by any rule or rules to be by such Court made for that purpose in term time, to settle the forms of such Writs of Summons, Certiorari, Mandamus and execution as aforesaid, and to regulate the practice respecting the suing out service and execution of such Writs, and the punishment of those guilty of contempt in disobeying the same, and also generally for the regulalation of the practice as well at Chambers as in Banc, in hearing and determining the validity of such elections as aforesaid, and the allowance of costs thereupon, and also from time to time by any new rule or rules to be made as aforesaid, to rescind, alter or amend such rule or rules or make others in lieu thereof, in like manner as they are now by. Law empowered to do for the regulation of the practice of the Court in matters within its ordinary jurisdiction.

CLIV. And be it enacted, That if the person whose duty it shall be, there is no pro- according to the provisions of this Act, or by virtue of any appointment made under it, to hold any election under the authority of the same, shall be absent at the time appointed for any such election, or if there shall be no such person, or such person be dead, it shall be lawful for the persons then and there assembled and entitled to vote at such election, to appoint from amongst themselves a Returning Officer, who shall forthwith proceed to hold such election in lieu of such other first mentioned person: Provided always, nevertheless, that the appointment of such substituted Returning Officer shall not be made until at least one hour after the hour appointed by lawful authority for commencing the proceedings at such election.

Proviso.

Parties interested may require

of Town Clerks,

&c., copies of By-laws on payfee therefor.

ing a reasonable

Court of Q. B.

quash any By

CLV. And be it enacted, That it shall be lawful and competent to and for any resident of any Township, Village, Town, City or County in Upper Canada aforesaid, in which any By-laws shall be passed, or for any other person having an interest in the provisions of such By-law, to apply by himself, or by his Attorney, for a certified copy of such Bylaw, and the Township, Town, Village, County or City Clerk shall, upon such application and upon payment to him of his fee therefor, within a reasonable time, furnish a copy of such By-law certified under his Hand and the Seal of the Municipal Corporation of which he is the Officer, and the Court of Queen's Bench for Upper Canada may be may be moved to moved, upon production of such copy, and upon affidavit that the same is the copy received from such Township, Town, Village, County or City Clerk, to quash such By-law; and if it shall appear to the said Court, that such By-law is in the whole or in part illegal, it shall and may be lawful upon proof of service of a rule upon the Corporation, to shew cause, within not less than eight days after such service, why such By-law should not be quashed in the whole or in part, to order such By-law to be quashed in the whole or in part: and if it shall appear to the said Court that such By-law is legal, in the whole or in the part complained of, to award costs in favour of the Corporation, or otherwise against such Corporation; and that no action shall be sustained ctions for things for or by reason of any thing authorized to be done under any such By

law.

Proceedings thereon.

Provision as to

laws.

tendered.

Jaw, unless such By-law or the part thereof under which the same shall done under Bybe done, shall be quashed in manner aforesaid one calendar month previously to the bringing such action; and if such Corporation, or any person sued for acting under such By-law, shall cause amends to be Amends may be tendered to the Plaintiff or his Attorney, and upon such tender being pleaded, no more than the amends tendered shall be recovered, it shall and may be lawful for the said Court to award no costs in favour of the Plaintiff, and to award costs in favour of the Defendant, and to adjudge that the same shall be deducted out of the amount of the verdict.

Saving of present By-laws of existuntil repealed

ing Corporations

CLVI. And be it enacted, That all the By-laws of the different Municipal Corporations in Upper Canada remaining unrepealed at the time this Act is appointed to come into force shall continue in force until amended, altered or repealed by some By-law or By-laws to be passed for that purpose by the Municipal Corporation by this Act substituted for such former Municipal Corporation; Provided always nevertheless, that Proviso: next the provision contained in the next preceding section of this Act, for preceding section trying the validity of By-laws to be passed by the Municipal Cor- to apply to them. porations erected under this Act, shall extend and apply to all such Bylaws of such former Corporations, and shall and may be certified by the proper Officer of the Corporation erected under this Act, as if they had been By-laws passed under the authority of the same; Provided always nevertheless, that nothing herein contained shall extend or be construed to extend to confirm or render valid any By-law which would not have been valid had this Act not been passed.

Proviso.

Returning

Officers to act as Conservators

of the Peace dur

ing elections.

CLVII. And be it enacted, That each and every Returning Officer who shall hold any election under this Act, shall, during such election, act as a Conservator of the Peace for the County in which such election shall be holden, and he or any Justice of the Peace for such County, or for the Town or City in which such election shall be holden, shall and may arrest or cause to be arrested, and may try summarily, imprison or bind over to keep the peace or for trial, or cause to be summarily punished by fine or imprisonment, or both, any riotous or disorderly person or persons who shall assault, beat, molest or threaten any voter or elector coming to or going from such election; and when thereunto required, all Constables, &c., Constables and other persons present at such election, are enjoined to be to assist if assisting such Returning Officer and such Justice or Justices of the Peace, on pain of being held guilty of a misdemeanor; and such Returning Officer or such Justice or Justices shall and may, when he or they consider it necessary, appoint and swear in any number of Special Constables to assist in preserving the peace and order at such election.

CLVIII. And be it enacted, That any person liable to serve the office of Constable, and so required to be sworn in as Special Constable by any such Returing Officer, shall, if he shall refuse to be sworn in as such, be liable to a penalty of five pounds currency, to be recovered to his own use in any Court of competent jurisdiction, by him who will sue for the same.

required.

Penalty against to serve as Spepersons refusing cial Constables.

elections.

CLIX. And be it enacted, That each election to be held under this Hours of holding Act shall commence at the hour of eleven of the clock in the forenoon of the day for which such election is appointed, and may be held until the hour of four of the clock in the afternoon of the same day, and may Adjournments. then be adjourned until ten of the clock in the forenoon of the next day, and continue until four of the clock in the afternoon of such second day, unless the Returning Officer shall see that all the electors intending to vote have had a fair opportunity of being polled, and one full hour at one time shall have elapsed, and no qualified elector shall, during such time, give or tender his vote, free access being allowed to electors for such one hour.

If no elector offers to vote in