lying within the boundaries of a Township, shall, for the purposes of this Act, be held to form any part of such Township, nor shall it be lawful to appoint any election of Township Councillors to be held within the limits of any such City, or the liberties thereof, or within the limits of any such Incorporated Town or Village.

of Townships; ship elections be held there.

nor shall Town

Continuation in

office of present

XVIII. And be it enacted, That without any new election, the officers and persons elected or appointed in each and every Township in Upper- Officers, &c., of Canada, or to be elected or appointed under the laws now in force therein, Townships. shall continue in office until the fourth Monday of January, in the year of our Lord, one thousand eight hundred and fifty, and until their successors shall be elected and sworn into office.

As to elections in
Townships not
Rural Wards.

divided into

XIX. And be it enacted, That if the Municipal Council of any District in Upper Canada shall not think fit, within the term and the manner prescribed for that purpose, to divide any Township into rural Wards, as provided by this Act, then and until such Township shall be divided into such Wards by the Municipality thereof, the election of Councillors for such Township shall be by the votes of the electors of the whole Township at a general Township meeting, to be held at the place where the last annual Township meeting, for the election of District Councillors and the appointment of parish and Town Officers was held in each Township, or in the case of Townships united or attached to each other, as aforesaid, then at the place where the last annual meeting for such purposes was held in the Senior Townships to which such other Township or Townships shall or may be attached or united as aforesaid, and such place shall continue to be the place for holding such elections under this Act in such Township until it shall be otherwise appointed by the Municipality thereof by any By-law or By-laws to be passed for that purpose: Provided always nevertheless, firstly, that it Proviso as to shall not be lawful in any such By-law to appoint such place of election places of election within the limits of any Incorporared Village, Town or City, or the liberties thereof; and provided also, secondly, that when the place at which the last Township meeting shall have been held previous to the passing of this Act, shall be within the limits or liberties of any City, Town or Incorporated Village within the meaning of this Act, it shall be the duty of the Municipal Council of the District wherein the same is situated at such special meeting as aforesaid, to appoint by By-law some place within such Township and without the limits of such City, Town or Village for the holding of the first election of Township Councillors for such Township under this Act.

XX. And be it enacted, That in all cases in which the election of Councillors for any such Township shall be by general vete of the whole Township at a general Township meeting as aforesaid, and not by Ward elections as hereinbefore provided for, the Township Clerk for such Township, whether appointed under this Act or before the passing thereof, shall be the Returning Officer for holding such election.

XXI. And be it enacted, That on the first Monday in January, in the year of our Lord, one thousand eight hundred and fifty, and on the first Monday in the same month, in each succeeding year, there shall be held an election either by general Township meeting or by Wards for Township Councillors for each Township in Upper Canada. XXII. And be it enacted, That it shall be the duty of the Collector for the Township, who shall be in office at the time of any such election, whether appointed under this Act or before the passing thereof, to produce at the opening of every such election for a Township or for any Ward thereof, either by himself or by some other person, a fair copy of the Collector's Roll made up next before such election, so far as such Roll contains the names of the freeholders and householders of such

Proviso: if the last election was in a City, &c.

Who shall be
Returning Offi-

cer in such case.

Election of

Township Councillors when to

be held.

Production of a
of freeholders
and householders
Collector.
by Township

copy of the Roll

Attestation of such copy.

Proviso as to parties occupying portions of a

house.

Proviso as to qualification of an elector.

Five Councillors to be elected annually.

Place and time of

elected Munici

pality.

Township, if the election shall be by general Township Meeting; or so far as such Roll contains the names of the freeholders and householders of the Ward for which such election is held, if the election be for a Ward of such Township; with the amount of the assessed value of the real property for which they shall be respectively assessed on such Roll, which said copy shall be verified by affidavit or affirmation of such Collector, appended to or endorsed upon such copy, and sworn or affirmed before any Justice of the Peace for the County, to the effect that the same is a true copy of such Roll, so far as the same relates to the place for which such election is to be held, and that it contains the names of all the freeholders and householders in such Township, if such election be by general Township Meeting, or of such Ward, if the election be for a Ward of such Township, and the amount for which they shall have been assessed, as entered upon such Roll as aforesaid; and the persons entitled to vote at such election, shall be those whose names are upon the said copy of such Roll, thus verified, and who at the time of the election shall be resident in such Township, or Ward of such Township, as the case may be: Provided always nevertheless, firstly that the holder or occupier of any separate portion of a house having a distinct communication with a road or street, by an outer door, shall be considered a householder within the meaning of this Act, in case he shall be assessed therefor as a house upon such Collector's Roll as aforesaid: Provided also, secondly, that no person shall be qualified to be elected as a Township Councillor at any such election who shall not have been entered upon the said Roll as assessed for rateable real property held in his own right or that of his wife, as proprietor or tenant, to the value of one hundred pounds of lawful money of Canada.

XXIII. And be it enacted, That at each of the said yearly Township elections, there shall be elected either by a general Township vote or by Wards, five Councillors for the Township, who shall hold office until the third Monday in January, in the year next after that for which they shall have been elected.

XXIV. And be it enacted, That the Township Clerk, whether appointmeeting of newly ed under this Act, or before the passing thereof, or in case of there being no such Township Clerk, then any one of the Councillors returned at such Election shall, when no place is appointed for that purpose by By-law of the Municipality of such Township, appoint the place for the first meeting of the newly elected Municipality after such Election, which meeting shall be held on the second Monday next after such Election, or if not held on that day, then on some day thereafter, of which appointment he shall give notice to the Member or other Members of the Municipality; and at such first meeting the Councillors shall proceed to elect from amongst themselves a Townreeve, and in Townships which shall have five hundred resident freeholders and householders on the Collector's Roll as aforesaid, one Deputy-Townreeve for such Township for such year.

Election of a
Towureeve.

Adjournment of meetings.

Meetings to be

held in such

XXV. And be it enacted, That the said Township Municipalities shall and may severally_adjourn their meetings, from time to time, at their pleasure, and the Towereeve, or in case of his death or absence, the Deputy Townreeve, shall have power at any time to summon a special meeting thereof.

XXVI. And be it enacted, That the meetings of each Township places as Muni- Municipality shall be held at such place within the Township as they shall themselves, from time to time, appoint by adjournment, or by any By-law to be passed for that purpose.

cipality shall appoint.

Who shall pre

XXVII. And be it enacted, That the Townreeve shall preside at all side at Meetings. meetings of the Township Municipality, or in his absence the Deputy

Townreeve when there is one, except only when there shall be no Townreeve or Deputy-Townreeve, in which case some other member of such Municipality to be appointed by them for that purpose, shall preside in such Municipality.

Appointment of
Collectors.

Assessors and

Term of office.

XXVIII. And be it enacted, That the Municipality for each Township shall, so soon as conveniently may be after their own election or ap pointment, nominate and appoint three Assessors for the Township and one Collector for the same; and that the said Assessors and Collector shall hold office from the time of their appointment respectively, until the third Monday in January of the year next after their appointment as aforesaid, and until the Municipality of such Township shall appoint new Assessors or a new Collector in their place, or in the place of any one of them, and in case of a vacancy in the office of any Assessor or Collector by death or removal of residence from the Township, the As to vacancies. Township Municipality shall fill up the vacancy by a new appointment,

at its then next meeting, or as soon thereafter as conveniently may be.

XXIX. And be it enacted, That the Municipality of each Township Audit of acshall, upon the Report of the Auditors of the Township, finally audit and counts. allow all accounts chargeable against the Township, and in case any such charges shall not be specially regulated by law, it shall be their duty to allow for the same such sums as may be just and reasonable, and they shall in like manner also audit and allow the accounts of the Township Treasurer and of the Township Collector, except so far as Exception. respects any County Rate collected by such Collector.

Boundary lines of Townships to be permanently established, and

how.

Act of U. C. 38
G. 3, c. 1.

XXX. And be it enacted, That the boundary lines of the different Townships in Upper Canada shall hereafter be ascertained and established upon a permanent footing, under the authority of an Act of the Parliament of that Province, passed in the thirty-eighth year of the Reign of His late Majesty King George the Third, intituled, An Act to ascertain and establish on a permanent footing the Boundary Lines of the different Townships of this Province, or under the authority of any Act of the Parliament of this Province, to be passed in the present or any future session of Parliament for that purpose, upon the application of the Municipality of each Township respectively, or as such other Act may direct, and not upon that of the Quarter Sessions of the Peace, as required by such first mentioned Act: Provided always, nevertheless, Proviso. that no application of freeholders shall be necessary to enable such Municipality to make the necessary application for such purpose.

for certain purposes.

XXXI. And be it enacted, That the Municipality of each of the Municipalities to make By-laws Townships in Upper Canada, shall have power and authority to make a Bylaw or By-laws for each, all or any of the following purposes, that is to say: Firstly. For the purchase and acquirement of all such real and personal property within the Township as may be required for the use of property. the inhabitants thereof as a Corporation, and for the sale and disposal of the same, when no longer required.

Purchase of real

Secondly. For the erection, security, preservation, improvement or Town Hall. repair of a Town Hall, and of all other houses and buildings required by or being upon any land acquired by or belonging to such Township as a Corporation.

Thirdly. For the purchase and acquirement of such real property as School House. may be required for Common School purposes, for building Common School Houses, and for the sale and disposal of the same when no longer required, and providing for the establishment and support of Common Schools according to Law.

Fourthly. For the erection and establishment of one or more Public Public Found. Pounds in such Township, and settling the Fees to be taken by PoundKeepers.

Pound-keepers, Fence-Viewers and other Township Officers.

Duties of Township Officers.

Their remuneration.

Bonds, &c., to

Fifthly. For the appointment, under the Corporate Seal of such Township, of a sufficient number of Pound-Keepers, Fence-Viewers, Overseers of Highways, Road Surveyors, and of such and so many other Officers as may be necessary for carrying into effect any of the provisions of this Act, or of any other Act of the Legislature of this Province, or of the late Province of Upper-Canada, or of any By-law or By-laws of the Municipality of such Township, and in like manner to displace all or any of them and appoint others in their room, and to add to or diminish the number of them or any of them as often as the said Corporation shall see fit.

Sixthly. For regulating and prescribing the duties of all Officers acting under the authority of the Corporation of such Township, and the penalties on their making default in the performance of such duties.

Seventhly. For settling the remuneration of all Township Officers in all cases where the same is not or shall not be settled by Act of the Legislature, and for providing for the payment of the remuneration by such Act of the Legislature or by the By-laws of the said Municipality provided and appointed for all Township Officers whatsoever.

Eighthly. For regulating the bonds, recognizances or other securities be given by them. to be given by all Township Officers for the faithful discharge of their duties; for inflicting reasonable penalties for refusing to serve in any Township Office, and for the infringement of any and every By-law of the Municipality of the Township.

Drains and water courses.

Highways,
Roads, &c,

Ninthly. For the erection, construction or repair of such drains and water-courses as the interests of the inhabitants of such Township shall in the opinion of the Municipality require to be so erected, constructed or repaired at the public expense of such Township.

Tenthly. For the opening, constructing, making, leveling, pitching, raising, lowering, gravelling, macadamizing, planking, repairing, planting, improving, preserving and maintaining of any new or existing highway, road, street, side-walk, crossing, alley, lane, bridge or other communication within such Township, and for the stopping up, pulling down, widening, altering, changing or diverting of any such highway, road, street, side-walk, crossing, alley, lane, bridge, or other communiProviso as to en- cation within the same: Provided always, nevertheless, that no such new, widened, altered, changed or diverted highway, road, street, sidewalk, crossing, alley, lane, bridge or other communication, shall be laid out so as to run through or encroach upon any dwelling-house, barn, stable, or outhouse or any orchard, garden, yard or pleasure ground, without the consent in writing of the owner thereof.

croachments on certain kinds of property.

Highways passing through woods.

Proviso as to orchards, &c.

Protection of
Timber, Stone,

Eleventhly. For providing, that on each side of any highway, which shall pass through a wood, the timber shall be cut down for a space not exceeding twenty-five feet on each side of such highway, by the proprietor of the land on which such timber shall be, or in his default by the overseer of highways or other officer in whose division such land shall lie, such timber to be removed by the proprietor within a time to be appointed by the By-law, or in his default by such overseer of highways or other officer, in which last mentioned case it may be used by the overseer or other officer as aforesaid, for any purpose connected with the improvement of the highways and bridges in his division, or sold by him to defray the expenses incurred in carrying the By-law into effect; Provided always, that no such By-law shall authorize or compel the cutting down of any orchard or shrubbery, or of any trees planted expressly for ornament or shelter.

Twelfthly. For the protection and preservation of any timber, stone, sand or gravel, growing or being upon any allowance or any appropria

&c.

tion for any public road or roads within such Township, and for the sale sale of Timber of any timber growing or being upon any road allowance, if thought proper, by the Council.

Thirteenthly. For regulating the driving and riding on or over any Driving over bridge erected or to be erected within such Township.

bridges.

Fourteenthly. For regulating inns, taverns, ale houses, victualling Inns, taverns, houses, ordinaries, and all houses where fruit, oysters, clams, victuals victualling houses, &c. or spirituous liquors, or any other manufactured beverage may be sold, to be eaten or drank therein, and all other places for the reception and entertainment of the public within the jurisdiction of the Corporation of such Township, and to limit the number of them, and in all cases when there exists no other provision by law for the licensing of such houses, Licensing in to provide for the proper licensing of the same, at such rates as to the certain cases. Corporation of such Township may seem expedient; the proceeds of such license, in cases not otherwise appropriated by law, to form part of the public funds of such Township, and to be disposed of as the said Corporation may consider advisable.

Fifteenthly. For making regulations as to pits, precipices, and deep Pits, precipices, waters, or other places dangerous to travellers.

&c.

Sixteenthly. For granting money to the Municipal Council of the Granting of County in which such Township shall be situate, or to that of any ad- money for improving roads, joining County, to aid the making, opening, building, maintaining, &c. widening or improving any highway, road, street, bridge or communication lying between such Township and any other Township in the same or any adjoining County, or in the making, opening, building, maintaining, widening or improving any highway, road, street, bridge or communication within such Township, assumed by the Municipal Council of the County as a county work, or agreed to be assumed by such Municipal Council on the condition of such grant.

Seventeenthly. For regulating the manner of granting to associated Joint Stock Road Joint Stock Road or Bridge Companies, permission to proceed with any Companies, &c. Roads or Bridges within the jurisdiction of such Municipality, and the manner of afterwards ascertaining and declaring according to law the completion of the works undertaken by such Companies respectively, so as to entitle such Incorporated Companies to levy tolls upon such works, and of all examinations, enquiries and investigations necessary for the proper, efficient and judicious exercise of such power.

Taking Stock in

Road or Bridge

Companies.

Eighteenthly. For taking stock in or lending money to any Incorporated Road or Bridge Company to which such Municipality shall have granted a license to proceed with such work, in accordance with the requirements of the Statute in that behalf, or in or to any other such incorporated Road or Bridge Company, in whose Road or Bridge the inhabitants within the jurisdiction of such Municipality shall, in the opinion of such Municipality, be sufficiently interested to warrant them in taking such stock or lending such money for the advancement of such enterprize. All dividends, interest and proceeds to arise or be received As to dividends, from such stock or loan being at all times applicable to the general purposes of such Municipality, and to go in reduction of the rates required to be levied for such purposes.

interest, &c.

of animals.

Nineteenthly. For restraining and regulating the running at large of Running at large horses, cattle, sheep, goats, swine, and other animals, geese, turkeys and other poultry, and to impound or provide for the impounding of the same, and for fixing the periods of the year during which such animals or poultry shall be permitted to run at large, and those during which they shall be restrained from doing so.

Twentiethly. For imposing a tax on the owners, possessors or harbour- Tax on Dogs. ers of dogs; for regulating the manner in which such dogs may be