Proviso Cor- Majesty or any ment. Powers of Gov ernor in Council as to such Roads. Corporations not to interfere with the alignment, &c., of Roads laid out by the Ordnance, &c., except by consent. Corporations not to run Roads through Ord nance property the defences of the Province, &c., except by consent. given by written or printed notices put up in the six most public places in the immediate neighbourhood of such highway, road, street or lane, nor until they shall have heard in person or by counsel or attorney, any person through whose land such highway, road, street or lane, or proposed highway, road, street or lane shall run, and who may claim to be so heard before them: Provided always, nevertheless, that nothing either in this section or in any other of the provisions of this Act shall extend or be construed to extend to give any power or authority whatsoever to any of the Municipal Corporations erected or to be erected under the authority of the same, to interfere in any way with any of the public roads or bridges in Upper Canada, which by Act of Parliament or otherwise, now are or hereafter may be vested in Her Majesty, or in any public department or board of Her Majesty's Provincial Government as a Provincial public work; with respect to all and every which Provincial public works whether roads or bridges, all and singular the powers by this Act conferred upon or vested in such Municipal Corporations, with respect to other roads and bridges within the limits of their respective jurisdictions, shall be and the same are hereby vested in and shall and may from time to time and at all times hereafter be exercised by the Governor of this Province in Council with respect to such Provincial public roads and bridges and every of them, by such orders in Council as shall or may from time to time be made for that purpose. CXCIII. And be it enacted, That nothing in this Act contained shall extend or be construed to extend to give any power or authority whatsoever to any of the Municipal Corporations erected or to be erected under the authority of the same, to pass any By-law for the direction or alignment, stopping up or altering of any of the streets, lanes or thoroughfares which have been or hereafter shall or may be made or laid out by the Department of Her Majesty's Ordnance, or to the interfering in any manner with any bridges, wharves, docks, quays or other works constructed by or under the direction of Her Majesty's Ordnance, or on the land held by Her Majesty and reserved for military purposes, until the consent in writing of the Head Quarter Board of Officers of Her Majesty's Ordnance acting in Canada, shall be first had and obtained authorizing such intended By-law to extend to Ordnance Property. CXCIV. And be it enacted, That nothing in this Act contained shall extend or be construed to extend to give any power or authority whatsoever to any of the Municipal Corporations erected or to be erected or interfere with under the authority of the same, to pass any By-law to open any street, road or lane through any lands held by Her Majesty or on Her behalf in respect of the Ordnance, or to interfere with, prejudice or weaken the right of Her Majesty in respect of such Ordnance property, or to interfere with the integrity of the public defences as connected with such property, unless the consent of the Head Quarter Board of Officers of Her Majesty's Ordnance acting in Canada shall be first had and obtained, such consent and all other consents required by this Act in regard to Ordnance property to be given in writing under the hands of the Head Quarter Board of Officers of Her Majesty's Ordnance acting in Canada, and that they are such Head Quarter Board of Officers shall be certified under the hand of the Commander of the Forces in Canada for the time being, and every such consent and certificate shall be recited in such By-law. In case it shall be necessary for Roads to pass over, &c., private property, CXCV. And be it enacted, That upon the passing of any By-law, by any Municipal Corporation erected or to be erected under the authority of this Act for the purpose of authorizing the opening any road, street or other public thoroughfare, or of changing, widening or diverting any arbitrators to be road, street or public thoroughfare so as to cause the same or any part thereof to go through or be placed upon or injuriously to affect the land appointed. the compensa Proviso: Awards subject to Court of Q. B. Proviso: in case of neglect of Head of Corporaarbitrator, &c., tion to appoint party interested may sue Cor poration, &c. or other real property of any person or persons, it shall and may be lawful for the person or persons who shall own such property to name an arbitrator, and give notice thereof in writing to the Clerk of such Corporation, and the Head of the Corporation shall, within three days after such notice, name an arbitrator on behalf of such Corporation, and Arbitrators to fix give notice thereof to the person or persons owning the said property tion if any. and appointing such arbitrator as aforesaid, and the two arbitrators shall, within three days thereafter, appoint a third arbitrator, and the said three arbitrators, or the majority of them, shall have power to determine upon and award the amount of damages (if any) to be paid to such person or persons as aforesaid, and their award shall be binding on such person or persons, and on the said Corporation respectively, so as such award be made in writing within three calendar months after the appointment of the third arbitrator as aforesaid: Provided always nevertheless, firstly, that every such submission and award shall be subject to the jurisdiction of Her Majesty's Court of Queen's Bench for Upper Canada, in the same manner and to the same extent for all purposes whatsoever as if there had been a submission of the matters in difference by bond between the parties containing an agreement that such submission should be made a rule of that Court: And provided also, secondly, that if the Head of such Corporation shall neglect to appoint an arbitrator for the Corporation within such time as aforesaid, or the said two first mentioned arbitrators shall be unable to agree, or shall not agree upon and appoint a third as aforesaid, or the said three arbitrators, or the majority of them, shall be unable to agree, or shall `not agree upon an award within the time aforesaid, then and in every such case, it shall and may be lawful for such person or persons, so interested as aforesaid, to institute a special action on the case at law against the Municipal Corporation by which such By-law shall have been passed, and such action shall be sustainable, whether any entry shall be made under such By-law or not, or whether any use shall be made of such property under such By-law or not, and if no such entry or use other than for the purposes of survey shall be proved at the trial of any such action, then the Judge who shall try the same shall certify the want of such proof upon the record, and in such case it shall and may be lawful for such Municipal Corporation, at any time after such trial, and until four calendar months after the rendering judgment upon such verdict, to repeal such By-law, and to tender and pay to the Plaintiff in such action, or to the Plaintiff's Attorney, the taxed costs of the said Plaintiff in such action, and from and after such tender or payment, the Municipal Corporation against whom such action shall be brought shall be discharged from the damages which shall be assessed in such action, and the land or other real property which shall be proposed to be taken by any such first mentioned By-law, shall be and remain as if no such By-law had been passed; and no entry or other use of such land or real property, for the purposes of such first mentioned By-law, shall be lawful after the assessment of such damages by the Jury, until the amount of the damages assessed, and the costs of the Plaintiff in such action, shall have been levied by the Sheriff, or paid, or discharged, or lawfully tendered to the Plaintiff or the Attorney for the Plaintiff in such action. CXCVI. And be it enacted, that if a tender shall be pleaded, and if upon the trial of any such action it shall be proven to the satisfaction of the Jury that a lawful tender shall have been made to the Plaintiff or to the Plaintiff's Attorney of a compensation or sum equal to or greater than the amount of the damages assessed by such jury, the said jury shall find such tender by their verdict, and in case of such finding, the costs of the defendant in such action, incurred after such tender, shall Action sustainable without proving entry. By-law may then be repealed, and costs tendered, &c. No entry allowed until damages and costs be paid. If a lawful and sufficient tender defendant, all costs subsequent borne by plain be proven by thereto to be tiff. In estimating damages, juries sideration benefit to be derived by to take into con plaintiff from widening of Road, &c. copies. be borne by the plaintiff, and the plaintiff in such case shall receive no costs, for any proceedings subsequent to such tender. CXCVII. And be it enacted, That as well the arbitrators as the jury, in estimating the damages or compensation in any such submissions or actions, shall take into consideration any benefit or advantage which the plaintiff shall or may derive from the opening, widening or diverting any such road, street, or other public thoroughfare, and deduct the same from the damages or compensation; and in case the said benefit to be derived from the said opening, widening, or diverting such road, street, or public thoroughfare, shall be greater than the damages which shall be found to arise from the taking of such land or other real property, the award or verdict shall be for the defendant. All By-laws to CXCVIII. And be it enacted, That all By-laws made and passed by be authenticated by seal of Cor- any Municipal Corporation under the authority of this Act, shall be poration, signa- authenticated by the Seal of the Corporation, and by the signature of ture, &c. the Head thereof, or of the person presiding at the meeting at which the same shall have been made and passed, and also by that of the Clerk of such Corporation; and any copy of any such By-law, written Effect of certified without erasure or interlineation, sealed with the Seal of the Corporation, and certified to be a true copy by the Clerk, and by any member of such Corporation for the time being, shall be deemed authentic, and shall be received in evidence in any Court of law or equity in this Province, without its being necessary to prove such seal or signatures, unless it shall be specially pleaded or alleged that the same or any of them are forged or counterfeit; and all debts, bonds, obligations and other instruments to be executed on behalf of any Corporation erected or to be erected by or under this Act, shall be valid if sealed with the Seal of the Corporation, and signed by the Head of such Corporation, or by such other person as shall by any By-law to be passed in that behalf, be authorized to sign the same on the behalf of the Corpora Bonds, &c., how to be signed and sealed, &c. Original By-laws to be kept in Clerk's Office and lic, &c. As to Copies. tion. CXCIX. And be it enacted, That the originals or certified copies of all By-laws and regulations made by any Municipal Corporation under open to the Pub- the authority of this Act, and of all minutes of the proceedings of any such Corporation shall be kept in the office of their Clerk, and shall be open at all seasonable times and hours to the inspection of the public; and the said Clerk shall be bound to furnish copies thereof at the rate of six pence currency per hundred words, or at such lower rate as the Corporation shall appoint; and all meetings and proceedings of any Meetings, &c., to such Corporation shall be held openly, and so that no person shall be prevented from being present thereat, except only when the public interest shall require the contrary. be public. Corporations of Cities using gaols, &c., of ate, to pay to the Corporations of the use of the said Gaols, &c., a fair such Counties for CC. And be it enacted, That so long as any City or Town erected or to be erected under the authority of this Act, shall use or continue to use Counties within the Court House, Gaol, and House of Correction of any County within the limits where the limits or on the borders whereof such City or Town shall be situate, of they are situor any of them, the Municipal Corporation of such City or Town shall pay to the Municipal Corporation of such County, such annual sum of money for the same as shall be mutually agreed upon between them as a fair compensation for the use of such buildings or any of them, and in the event of such Corporations being unable to agree as to the amount of such compensation, then the same shall be settled by the award of case of disagree three arbitrators, or the majority of them, to be appointed as follows, that is to say one by the Municipal Corporation of such City or Town, another by the Municipal Corporation of such County, and the third by such two arbitrators thus appointed, or in the event of such two arbitrators omitting to appoint such third arbitrator within ten days next after compensationto be settled by arbitrators in ment. arbitrators in de Proviso: after five years, Governor may order a new agreement. their own appointment, then by the Governor of this Province in Council, and the amount so settled shall be deemed a debt due by the Municipal Corporation of such City or Town to the Municipal Corporation of such County, and its payment shall be provided for as is hereby directed with respect to other debts of such Municipal Corporations in general, and in default thereof may be sued for and recovered as any such debts: Provided always, nevertheless, firstly, that in case either of such Cor- Proviso: Goverporations shal! omit for one calendar month after they shall have been nor to appoint called upon for that purpose by the other of such Corporations, to appoint fault of Corporaan arbitrator on their part as above provided, it shall and may be law- tions. ful for the Governor in Council to appoint an arbitrator on the part and behalf of such Corporation so neglecting to appoint such arbitrator, who shall in such case have all the same powers as if he had been appointed by such Corporation: And provided also, secondly, that whenever, after the lapse of five years from the making any such award, it shall appear reasonable to the Governor in Council, upon the application of either of such Municipal Corporations, that the amount of such compensation should be reconsidered, it shall and may be lawful for him, by an order in Council, to direct that the then existing arrangement respecting the same, whether it be by agreement of the parties or by award, shall cease after some time to be named in such order, after which the said Corporations shall proceed as at first, for the settlement either by agreement or arbitration, of the amount to be paid from the termination of such previous settlement: Provided also, thirdly, that every such submission and Awards subject award shall be subject to the jurisdiction of Her Majesty's Court of Queen's Bench for Upper Canada, in like manner as if the same were by bond, with an agreement therein that such submission might be made a rule of that Court: And provided always, fourthly, that whenever at the time this Act shall come into force there shall be any subsisting agreement or other settlement, whether by Act of Parliament or otherwise, of the amount to be paid by any such City or Town for such Court House, Gaol or House of Correction, or any of them, the same shall be and continue in force as if it had been settled under the authority of this clause at the time that this Act shall have so come into force as aforesaid. CCI. And be it enacted, That the several Villages mentioned and named in the Schedule to this Act annexed marked A, shall respectively have such boundaries as shall or may be established and declared for such Villages respectively, in and by any Proclamation or Proclamations, to be in that behalf issued under the Great Seal of this Province, by order of the Governor thereof in Council, at any time on or before the first day of October next, after the passing of this Act, and shall by such boundaries be Incorporated Villages under this Act, and the several Towns mentioned and named in the Schedule to this Act annexed marked B, shall respectively have the boundaries set forth in the said Schedule, and shall be Towns under the provisions of this Act, and the Wards of such Towns shall respectively have the names and boundaries set forth in such Schedule in respect of such Towns; and that the several Cities mentioned and named in the Schedule to this Act annexed marked C, shall respectively have the boundaries both as respects such Cities and the liberties thereof set forth in the said last mentioned Schedule, and shall be Cities under the provisions of this Act, and the several Wards of such Cities shall, with the liberties attached to each respectively, have the names and boundaries set forth in the said last mentioned Schedule in respect of such Cities, and all and singular the names and boundaries of all such Villages, Towns and Cities and of the Wards of such Towns and Cities shall continue until the same shall be altered by competent authority in the manner in this Act set forth and provided. to Court of Q. B. Proviso: existing agreements to reif settled under this Act. main in force as villages, Towns, &c., in the different Schedules therein, to have and the Wards the several boundaries there in set forth. Recital. How this Act shall apply to certain Towns in Schedule D. All the provi sions of this Act may be extended by Proclamation to such Towns. As to Towns mentioned in first division of Schedule D. incorporated, Provision with respect to the incorporation of towns mentioned in second divi sion of Schedule D. on certain conditions. Petition. Proclamation. CCII. And whereas the places mentioned in the Schedule to this Act annexed marked D, and intituled, "Towns with Municipalities only or without any Municipal organization," from having been the places where the assizes have been usually held, or from being the seats of the local Courts, or from having been named as Towns in Acts of Parliament, or from other causes, are or are generally reputed to be Towns, and it is inexpedient to deprive them of that distinction or to subject them to the more extensive organization in and by this Act provided for, either Towns or Villages in general until by the increase of their inhabitants they shall respectively become desirous of and entitled to such extended organization respectively as they would be under this Act, were they only Villages or Hamlets respectively: Be it therefore enacted, That the several Towns mentioned in the said Schedule, with such limits and boundaries as shall be established and declared for such Towns respectively, in and by any Proclamation or Proclamations to be in that behalf issued under the Great Seal of this Province by order of the Governor thereof in Council at any time on or before the first day of October next after the passing of this Act, shall be and continue to be Towns as heretofore, but neither the provisions of this Act applicable to Towns only, nor any Act, nor any of the provisions of any Act to be passed this Session, or at any time hereafter referring to Towns generally, shall thereby extend or be construed to extend to any of such Towns; Provided always, nevertheless, that it shall and may be lawful for the Governor of this Province in Council at any time by Proclamation under the Great Seal thereof, to extend the limits of any of the Towns mentioned in the said Schedule D, to divide such Town into Wards, and to extend to such Town all the provisions of this Act and of all other Acts applicable to Towns in general, whereupon the provisions of this Act and of all such other Acts shall extend to such Town as if such Town with its limits and divisions had been set forth in the Schedule to this Act annexed marked B. CCIII. And be it enacted, That the inhabitants of each of the Towns mentioned in the first division of the said Schedule marked D, shall be a Body Corporate apart from the Township or Townships in which such Town shall be situate, and as such shall have perpetual succession and a Common Seal, with all such powers within the limits of such Town as are by this Act conferred upon the inhabitants of Incorporated Villages, and the powers of the Corporation of such Town shall be exercised by, through, and in the name of the Municipality of such Town, and all the provisions of this Act, and of all other Acts hereafter to be passed applicable to Incorporated Villages, and the Municipalities thereof, shall apply to such Town and the Municipality thereof. CCIV. And be it enacted, That each of the Towns mentioned in the second division of the said Schedule marked D, shall be and continue a part of the Township or Townships within which the same shall be respectively situate, and shall be and continue subject to the jurisdiction of the Municipality or Municipalities of such Township or Townships as if the same was an unincorporated Village of Hamlet, and that when by the census returns, it shall appear that any of such last mentioned Towns and any portion of a Township or Townships, which from the proximity of streets and buildings, may conveniently be attached to such Town, shall together contain one thousand inhabitants or upwards, it shall and may be lawful for any number of the resident freeholders or householders of such Town, not less than one hundred, to petition the Governor of this Province that the inhabitants of such Town may be incorporated, and upon such petition it shall be lawful for the Governor of the Province by an order in Council to issue a Proclamation under the Great Seal of the Province, setting forth the boundaries of such Town, and including within |