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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, &c., may Mayor, Recorder, Police Magistrate, or any two Aldermen or Justices of colom
coromit to hard
labour on Industhe Peace for any Town or City erected or to be erected under the trial Farms. 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.
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 Proviso : the
title to cemetery always nevertheless, firstly, that the title to every such Cemetery shall to be obtained be obtained or accepted by such Municipal Corporation under the under a By-law. 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, Proviso : no secondly, that it shall not be in the power of any such Municipal Cor- sul
such By-law to
be repealed, &c. poration, at any time thereafter, to repeal any such By-law, or to make or suffer to be made any other use of the property so obtained or accepted than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 Proviso : such every such Cemetery, although lying beyond the lirnits of such Village cemeteries tho'
out of the Town, Town or City as settled by this or any other Act of Parliament, or by any &c, to be deemed Proclamation to be issued under the authority of the same, shall, from part thereof, &c. 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 Corporations of contained, it shall and may be lawful for the Municipal Corporation of
Cities, &c., may
purchase proany Village, Town or City, to purchase, have and hold, and at their perty beyond the pleasure to sell, dispose of and convey such landed property as well limits of such beyond as within the limits of such Village, Town or City or the Liber- powder magaties thereof, as shall or may in their judgment be necessary for the zines. 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 Two Auditors or to be erected under the authority of this Act, at the first meeting of to be appointed
by every Municisuch Corporation in each year next after the Head of such Municipal Cor pal Corporation. poration for such year shall have been elected and sworn into office, shall Proviso : who
shall not be appoint two persons to be and to be called Auditors of such Corporation, appointed one of whom shall be appointed on the nomination of the Head of such Auditors. Corporation, and the other in the same manner as other Municipal Officers are appointed : Provided always, firstly, that no person shall be Proviso : Audiappointed such Auditor who shall be a Member of such Corporation or fors to take an
oath, 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
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: The oath.
“1, 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 Cor6 poration during the year preceding my appointment, and that I have
“not any contract or employment for the present year. So help me God.” Auditors to CXLIV. And be it enacted, That it shall be the duty of such Auditors examine all accounts against to examine, settle and allow or report upon all accounts which may be or concerning chargeable upon or may concern such Corporation, and which may Corporation.
relate to any matter or thing under the control of, or within the jurisdic
tion of such Corporation for the year ending on the thirty-first day of To publish a
December preceding their appointment as such Auditors; and to publish statement of expenditures and a detailed statement of the receipts and expenditures and liabilities of Jiabilities of
such Corporation in two newspapers published within the jurisdiction Corporation.
thereof, or in those nearest thereto; and to file their report thereon in And file a dupli- duplicate in the Office of the Clerk of such Municipal Corporation, which cate report thereon with the
th the they shall do in at least one month after their appointment, and from Clerk of the thenceforth one of such duplicate reports shall at all seasonable hours Corporation.
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. Governor in
CXLV. And be it enacted, That as to all ferries over which jurisdicCouncil to regulate ferries over tion is not by this Act conferred either upon the Municipal Council of which this Act
some County or the Common Council of some City, and in all cases in does not confer jurisdiction upon
which such jurisdiction is hereby conferred, but in which no By-law Municipal shall have been passed by such Municipal Council or Common Council, Councils &c.
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. Writ of Sum CXLVI. And be it enacted, That at the instance of any relator mnons in nature
having an interest as a candidate or voter in any election to be held of quo warranto to issue for the under the authority of this Act, a Writ of Summons, in the nature of a tria! of contro. quo warranto, shall lie to try the validity of such election, which Writ verted elections.
shall issue out of Her Majesty's Court of Queen's Bench for Upper Canada, upon an order of that Court in lerm 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 Security.
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 Return of Writ returnable upon the eighth day after that on which it shall be served on and proceedings
thereon. 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 Costs. he shall deem just. • CXLVII. And be it enacted, That on the first day on which such On first Court
day after judgCourt shall sit after such judgment shall be given by such Judge, whether ment Judge shall such day shall be in the same or the following Term, the said Judge deliver Writ and
judginent into shall deliver such Writ and judgment with all things had before him
Court, and the touching the same into such Court, there to remain of record as a judg- same shall be ment of the said Court, as other judgments rendered therein, and such enforced by per
emptory Mandajudgment shall thereupon be enforced by peremptory Mandamus and mus &c. 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 How service of such Writ of Summons shall be brought, shall keep out of the way to
the Writ may be
made when the avoid personal service thereof on him as aforesaid, it shall and may be party keeps out lawful for the Judge before whom the same is returnable, upon being of the way. 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 Provision when be brought to try the validity of the same election, all such Writs after several Writs
issue to try the the first shall be made returnable before the same Judge before whom same election, 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 Judge may cause to cause the Collector's Rolls, Poll Books and any other Records of such
Poll Books, &c., Election to be brought before him by Certiorari, and upon the trial of the to be brought validity of such election upon any such Writ, such Judge shall enquire before him by
certiorari, and into the facts to be established by personal evidence either by affidavit ascertain facts or affirmation, or by oral testimony taken before him as at Nisi Prius, by evidence, &c. 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 Execution not to
issue till four shall issue upon any such judgment until the same shall have been in a
days in term the possession of the Court for four days in term time, one of such days time after judgbeing that on which the same shall have been so delivered in as afore- ment. said, nor while any rule shall be pending for the reversal or alteration of such judgment by such Court as hereinafter provided.
Judgments to be CLII. And be it enacted, That every such preliminary judgment, so examinable in to be given by any such Judge as aforesaid, shall be examinable by term time on application made such Court in term time, on an application for that purpose made within within four days. 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 appli
cation shall be given, as in the judgment of such Court the Law of the
* Land shall require. Court of Q, B. to CLIII. And be it enacted, That it shall and may be lawful for Her settle forms of
Majesty's said Court of Queen's Bench for Upper Canada, by any rule Writs of Surnmons, practice,
or rules to be by such Court made for that purpose in term time, to settle costs, &c. the forms of such Writs of Summons, Certiorari, Mandamus and execu
tion 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. Provision when 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 per Officer to hold al election. 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 Proviso.
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. Parties interest- CLV. And be it enacted, That it shall be lawful and competent to ed may require
ikes and for any resident of any Township, Village, Town, City or County in &c., copies of Upper Canada aforesaid, in which any By-laws shall be passed, or for By-laws on pay
any other person having an interest in the provisions of such By-law, to ing a reasonable fee therefor. apply by himself, or by his Attorney, for a certified copy of such By
law, 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 Court of Q. B. ' Officer, and the Court of Queen's Bench for Upper Canada may be may be moved to move
to moved, upon production of such copy, and upon affidavit that the same quash any By
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 Proceedings
Court, that such By-law is in the whole or in part illegal, it shall and thereon.
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 Provision as to ctions for things for or by reason of any thing authorized to be done under any such By
law, 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 pre- laws. viously 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 tendered. 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. - CLVI. And be it enacted, That all the By-laws of the different Muni- Saving of present cipal Corporations in Upper Canada remaining unrepealed at the time by-laws of exist
ing Corporations this Act is appointed to come into force shall continue in force until until repealed 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 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
Proviso. 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. CLVII. And be it enacted, That each and every Returning Officer Returving
Officers to act who shall hold any election under this Act, shall, during such election, conserva act as a Conservator of the Peace for the County in which such election of the Peace durshall be holden, and he or any Justice of the Peace for such County, or ing elections. 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 it
required. 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 Penalty against
persons refusing of Constable, and so required to be sworn in as Special Constable by !
to serve as Speany such Returing Officer, shall, if he shall refuse to be sworn in as cial Constables. 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.
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 election 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 Adjouruments, 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, If no elector
offers to vote in give or tender his vote, free access being allowed to electors for such one hour.