WORK-HOUSES.

Work-houses

Towns and

417. The Council of every City and Town may respectively pass By-laws:

1. For erecting and establishing within the City or Town, in Cities and or on such Industrial farm, or on any ground held by the Houses of Cor- corporation for public exhibitions, a work-house or house of correction, and for regulating the government thereof;

rection.

Who liable to be committed

thereto.

Custody of
Gaols and
Court Houses.

County Council to appoint keepers, &c.

City Gaols to be regulated by By-law.

Wilful false de

2. For committing and sending, with or without hard labour, to the work-house or house of correction, or to the Industrial farm, by the Mayor, Recorder, Police Magistrate or two Justices. of the Peace for the City or Town respectively, such description of persons as may by the Council be deemed, and by By-law be declared expedient; and such farm or ground held as aforesaid, shall, for the purposes in this subsection mentioned, be deemed to be within the City or Town and the jurisdiction thereof.

THE CARE OF GAOLS AND COURT HOUSES, &c.

418. The Sheriff shall have the care of the County Gaol, Gaol offices and yard, and Gaoler's apartments, and the appointment of the keepers thereof.

419. The County Council shall have the care of the Court House and of all offices and rooms connected therewith, whether the same forms a separate building or is connected with the Gaol, and shall have the appointment of the keepers thereof; and shall from time to time provide all necessary and proper accommodation for the Courts of Justice other than the Division Courts and for all officers connected with such Courts.

420. In any City not being a separate County for all purposes, but having a Gaol or Court House separate from the County Gaol or Court House, the care of such City Gaol or Court House shall be regulated by the By-laws of the City Council.

FALSE DECLARATIONS.

421. The wilful and corrupt making of any false statement clarations to be in any declaration required or authorized by this Act, shall be perjury. a misdemeanor punishable as wilful and corrupt perjury.

Interpretation of words.

INTERPRETATION CLAUSE.

422. Unless otherwise declared or indicated by the context, whenever any of the following words occur in this Act, the meanings hereinafter expressed, attach to the same, namely:

1. The word "Municipality" means any locality the inha- Municipality. tants of which are incorporated under this Act, but it does not mean a Police Village;

2. The word " Council" means the Municipal Council or Council. Provisional Municipal Council, as the case may be ;

3. The word " County" means County, Union of Counties County. or United Counties, or Provisional County, as the case may be ;

4. The word "Township" means Township, Union of Township. Townships or United Townships, as the case may be;

5. The words "Land" "Lands," "Real Estate" "Real Pro- Land, Real perty," respectively, include lands, tenements and hereditaments estate. and all rights thereto and interests therein;

6. The words "Highway," "Road " or " Bridge, "mean Highway, respectively a Public Highway, Road or Bridge ;

road, &c.

7. The word "Electors " means the persons entitled for the Electors. time being to vote at Municipal Elections in the Municipality, Ward, or Electoral Division or Police Village, as the case may be;

8. The term " Reeve " includes the Deputy Reeve or Deputy Reeve. Reeves when there is a Deputy Reeve for the Municipality; except in so far as respects the office of a Justice of the Peace.

9. The words "next day" are not to apply to or include Next day. Sunday or Statutory Holidays.

CONFIRMING AND SAVING CLAUSES.

423. So much of the Schedules in either of the Municipal Exception from Corporations Acts of 1849 and 1850, as define the limits or repeal. boundaries of any Cities or Towns, being Schedule B of the Act of 1849, numbers two, three, four, six, seven, eight, nine, ten, and eleven, and Schedule C of the same Act numbers one, two and three, and Schedule B of the Act of 1850, numbers one, five, twelve, thirteen, fourteen and fifteen ;

And also so much of Schedule D of the said Acts of 1849 Further excepand 1850, as relates to Amherstburg, and also so much of the tion. two hundred and third section of the said Act of 1849, and so much of any other sections of either of the said Acts relating to any of the Schedules thereof as have been acted upon or as are in force and remain to be acted upon at the time this Act takes effect, and all Proclamations, and special Statutes by or under which Cities and other Municipalities have been erected, so far as respects the continuing the same and the boundaries thereof, shall continue in force.

Pending proceedings to continue.

Past transac

tions confirm

ed.

Previous

offences, penal

ties, &c., may

be prosecuted

and enforced.

Commencement of this Act, and of certain provisions thereof.

Inconsistent

enactments repealed.

Act limited to
U. C.

424. All proceedings on behalf of or against any existing Municipal Corporation, or Police Trustees pending when this Act takes effect, shall be continued under this Act, in the name in which the same are then pending.

425. All things lawfully done under former enactments, are confirmed, except any matter which has been or within one year after the passing of this Act, may be made the subject of proceedings at law or in equity.

426. All offences, neglects, fines, penalties, moneys, debts and other matters and things which immediately before this Act goes into effect might have been prosecuted, punished, enforced or recovered under any former Municipal Act, may be prosecuted, punished, enforced or recovered under this Act, in the same manner, within the same time, and in the same name, and by the same process and proceedings, as if the same respectively had been committed or incurred or had accrued or become due or payable immediately after the taking effect. of this Act.

427. This Act shall take effect on the first day of January next, (Anno Domini one thousand eight hundred and sixty-seven) save and except so much thereof as relates to the nominating of Candidates for municipal offices, and the passing of By-laws for dividing a municipality or any ward thereof into Electoral Divisions, and appointing Returning Officers therefor, which shall come into effect on the first day of November next, and also so much thereof as relates to the qualification of electors, which shall not take effect till the first day of September, one thousand eight hundred and sixty-seven.

428. All Acts or parts of Acts inconsistent with the provisions of this Act, relating to the Municipal Institutions of Upper Canada, are hereby repealed.

429. This Act shall apply to Upper Canada only.

CAP. LII.

Preamble.

Proviso added to Sec. 48.

An Act to amend the Act of the present Session, intituled: An Act respecting the Municipal Institutions of Upper Canada.

[Assented to 15th August, 1866.] ER Majesty, by and with the advice and consent of the

He Council and Assembly of Canada, enacts as

follows:

1. The following Proviso is added to the forty-eighth section of the Act passed in the present Session of the Parliament of

this Province, intituled: An Act respecting the Municipal Institutions of Upper Canada:

"Provided also, that the provision in this section contained, The Proviso. shall not apply to any County where proceedings have been commenced or taken, previous to the passing of this Act, for separating such County."

of sections re

ted.

2. The subsections of section sixty-six of the said Act Certain secnumbered three, four and five, and the sections numbered res- tions and parts pectively sixty-seven, seventy-three (except the proviso), pealed and seventy-five, eighty-seven, one hundred and seventeen, one others substituhundred and twenty, one hundred and fifty, the first paragraph of three hundred and seventy-one, and section four hundred and twenty-seven, of the said Act, are hereby repealed, and the following sections and subsections shall Be and are hereby substituted in lieu of the said sections and subsections hereby repealed, and shall be taken and read as the said sections and subsections of the said Act.

Subsections to section 66.

3.-IN TOWNS.

New Sub. Sect.

The Council of every town shall consist of the Mayor, who shall be the head thereof, and of two councillors for every ward, 3, Sect. 66. and if the town has not withdrawn from the jurisdiction of the Council of the County in which it lies, then a Reeve shall be added, and if the town had the names of five hundred freeholders and householders on the last revised assessment roll, then a Deputy Reeve shall be added, and for every additional five hundred names of persons possessing the same property qualification as voters on such roll, there shall be elected an additional Deputy Reeve.

4.- -IN INCORPORATED VILLAGES.

The Council of every incorporated village shall consist of New Sub. Sect one Reeve, who shall be the head thereof, and four Councillors, 4 Sect. 66. and if the village had the names of five hundred freeholders and householders on the last revised assessment roll, then of a Reeve, Deputy Reeve, and three Councillors, and for every additional five hundred names of persons possessing the same property qualification as voters on such roll, there shall be elected an additional Deputy Reeve instead of a Councillor.

5.-IN TOWNSHIPS.

The Council of every township shall consist of a Reeve, who New Sub. Sect. shall be the head thereof, and four Councillors, and if the town- 5 Sect. 66. ship had the names of five hundred freeholders and householders on the last revised assessment roll, then the Council shall consist of a Reeve, Deputy Reeve, and three Councillors, and for

New section 67.

New section 73.

New section 75.

every additional five hundred names of persons possessing the same property qualification as voters on such roll, there shall be elected an additional Deputy Reeve instead of a Councillor.

67. No Reeve or Deputy Reeve shall take his seat in the County Council, until he has filed with the Clerk of the County Council a certificate under the hand and seal of the Township, Village or Town Clerk, that such Reeve or Deputy Reeve was duly elected, and has made and subscribed the declarations of office and qualification (unless exempted therefrom) as such Reeve or Deputy Reeve; nor in case of a Deputy Reeve, until he has also filed with the Clerk of the County an affirmation or declaration of the Clerk, or other person having the legal cus tody of the last revised assessment rolls for the municipality which he represents, that there appears upon such rolls the names of at least five hundred freeholders and householders in the Municipality for the first Deputy Reeve elected for such Municipality, and that no alteration reducing the limits of the Municipality and the number of persons possessing the same property qualifications as voters, within five hundred for each additional Deputy Reeve, since the said rolls were last revised, has taken place.

DISQUALIFICATION.

73. No judge of any Court of Civil Jurisdiction, no Gaoler or Keeper of a House of Correction, no Sheriff, Deputy Sheriff, High Bailiff or Chief Constable of any City or Town, Assessor, Collector, Treasurer, Chamberlain, or Clerk of any Municipality, no Bailiff of a Division Court, no Sheriff's Officer, no person not having paid all taxes due by him, no Inn-keeper or Saloon-keeper, and no person having by himself or his partner an interest in any contract with or on behalf of the Corporation shall be qualified to be a member of the Council of any Municipal Corporation.

75. The Electors of every Municipality for which there is an Assessment Roll, and the Electors of every Police Village, shall be the male freeholders thereof, whether resident or not, and such of the householders thereof as have been resident therein for one month next before the election, who are natural born or naturalized subjects of Her Majesty, and of the full age of twenty-one years, and who were severally but not jointly rated on the last revised Assessment Rolls, for real property in the Municipality or Police Village, held in their own right or that of their wives, as proprietors or tenants, and who had paid all municipal taxes due by them on or before the sixteenth day of December next preceding the election; and such rating shall be absolute and final, and shall not be questioned either by any Returning Officer, or on any application to set aside any Election under this Act or any Act respecting the Municipal Institutions of Upper Canada.