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flues.

Ashes.

&c.

Fires.

cisterns, &c.

Town pro

perty. Pounds.

meats, fish, fruits, roots and vegetables; to regulate or prevent the selling or purchasing for sale of fresh fish and butchers' meat by hucksters and persons called runners; to Chimnics and regulate and require chimneys and smoke flues hereafter to be built to be of suitable materials, and not under certain dimensions, to be securely built, and carried to a proper height above roofs of buildings; to regulate, remove or prevent the construction of any chimney, fire-place, hearth, stove-pipe, smoke flue or fire arch, or place for using fire therein, which is or shall be dangerous, and tend to promote the firing or burning of houses, and other buildings in the said Town; to regulate and require the construction of safe deposits for fire ashes, and regulate the mode of removing, depositing Gunpowder, and keeping of the same; to regulate the keeping and removal of gunpowder or lights in stables other explosive or dangerous combustible or material, and the manner of using candles, lanterns and lights in livery and other stables, and out-buildings containing shavings or other combustible materials; to regulate the conduct of inhabitants at fires; to prevent fires and the extension thereof by the necessary pulling down of adjacent buildings or otherwise, and to provide for the prevention of stealing or purloining of Public wells, goods and the preservation of property thereat; for the erection, preservation and regulation of public cisterns, pumps, wells, and other conveniences for the stopping or prevention of fires or supplying the said Town with good and wholesome water; to provide for managing, keeping and preserving the public property of the said Town; to provide and regulate one or more pound or pounds, and appoint one or more poundkeeper or pound-keepers to the same, and declare and limit the fees and allowances to Public Burial be taken by each pound-keeper; to provide a public and general burial-ground for the use of the said Town, and the fencing, enclosing and regulating the same; to require and enforce the keeping and returning bills of mortality by physicians, sextons and others; to office, bonds, regulate and prescribe the oaths to be taken, and bonds, recognizances and securities to be given by all municipal officers of the said Town, in cases not provided by the Public Statutes; and generally to make and enact all such By-Laws, Regulations and Ordinances as may be necessary and proper for carrying into effect the powers hereby vested, or which may hereafter be vested in the said Corporation, or any department or office thereof, and for the peace, safety, order and good government of the said Town, not being repugnant to the laws of this Province, except in so far as the same may be expressly or virtually repealed by this Act, and to enforce the observance of the provisions of this Act or of any By-Law, Regulation or Ordinance which may lawfully be made by the said Corporation by the infliction of penalties or fines, in cases not already provided for by this Act, for every violation or non-observance thereof, to be recovered in the manner hereinbefore provided: Provided always, that no fine or penalty imposed by any ByLaw, Regulation or Ordinance of the said Corporation shall (except in those cases already provided for in this Act or the said Act intituled, An Act to establish a Police in the Town of Brockville in the District of Johnstown,) exceed the sum of one pound and ten shillings.

ground.
Bills of mor-
tality.

Oaths of

&c.

General pro vision.

Proviso.

Amount of fines limited.

Public Act.

Commence

ment of this

Act.

XLVII. And be it enacted, That this Act shall be and is hereby declared to be a Public Act, and as such shall be judicially noticed by all Courts of Law and Equity, Judges, Justices of the Peace, and other persons, without being specially pleaded.

XLVIII. And be it enacted, That this Act shall commence and have force and effect on and after the first day of January, in the year of Our Lord, one thousand eight hundred and forty-eight, and not before.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.

ANNO DECIMO ET UNDECIMO

VICTORIE REGINÆ.

WH

CAP. XLV.

An Act to incorporate the Town of Dundas.

[ 28th July, 1847. ]

THEREAS from the great increase of population in the Town of Dundas, in the Preambie. District of Gore, it is necessary to make provision for the internal regulation thereof: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, A Town That there shall be in the said Town of Dundas, a Town Council, to be composed and Council esta constituted in the manner hereinafter described, which shall be, and is hereby declared incorporated. to be a Body Corporate and Politic in fact and in law, by the name of The President and Town Council of Dundas, and by that name they and their successors may have perpetual succession, and be capable of suing and being sued, impleading and being Corporate impleaded in all Courts and in all actions, causes and complaints whatsoever, and may have a common seal, and may alter the same at pleasure, and shall be in law capable of receiving titles by gift, and of purchasing, holding and conveying any estate, real or personal, for the uses of the said Town.

II. And be it enacted, That the said Town of Dundas shall be comprised within the following limits or boundaries, that is to say: Commencing on the division line between the property of George Rolph, Esquire, and the property of the late Harker Lyons, on the York Road, thence following the said road westerly to the road leading up the mountain to John Keagy's, the younger, thence in a straight line by compass to a monument within a few feet of the site of the old Oat-meal Mill, thence across the creek or stream to a stone monument placed at the distance of five hundred feet from the west bank thereof, thence following the said creek or stream at a distance throughout of five hundred feet from the west and south bank thereof, to where a stone monument is placed south of Mr. Ewart's mill-dam, thence running in a straight line to a stone monument placed on the boundary line between the property owned by John O. Hatt, Esquire, and the estate of the late Manuel Overfield, thence to a stone monument placed on the boundary line between the property owned by Thomas Hatt and the said John O. Hatt, thence along the said boundary line to a stone monument placed in South Street, thence following South Street till it intersects East Street, thence descending the hill in a

blished and

name and powers.

Limits of

Town of Dun

das defined.

Division of

Town into four
Wards.

Limits of Ward Number One.

Ward Number Two.

Ward Number Three.

Ward Number Four.

Election of Members of Town Council, their qualification, &c.

northerly direction till it intersects the Governor's Road, thence following the said road easterly to a stone monument placed in a line at right angles with the place of beginning, thence along the said line to the place of beginning.

III. And be it enacted, That the said Town shall be divided into four Wards by the names of "Ward Number One," "Ward Number Two," "Ward Number Three," and "Ward Number Four":

That, Ward Number One shall consist of all that part of the said Town described as follows: Commencing on the Sydenham Road at the northern boundary of the said Town, thence running along the said Sydenham Road until it intersects King Street, thence along the said King Street in an easterly direction until it intersects Main Street, thence along the said Main Street until it intersects Baldwin or Flamboro' Street, thence along the same to the Basin of the Desjardin's Canal, thence along the said canal until the eastern boundary or limit of the said Town is intersected, thence following the said eastern boundary to the northern boundary line of the said Town, thence following the same to the place of beginning.

That, Ward Number Two shall consist of all that part of the said town described as follows: Commencing on King Street at a post planted between the lands owned by Orlando Morley and John Walker, thence running south to the southern boundary of the said town, thence along the said boundary to the eastern boundary until the Desjardin's Canal is intersected, thence along the said Canal in a westerly direction until East Street is intersected (Coates' Paradise), thence along Baldwin or Flamboro' Street to Main Street, thence along the said Main Street in a northerly direction till it intersects King Street, thence along the said King Street to the place of beginning.

That, Ward Number Three shall consist of all that part of the said town described as follows: Commencing on King Street at a post planted between the lands owned by Orlando Morley and John Walker, thence along the said King Street west until it intersects Peel Street, thence south until James Street is intersected, thence westerly along the said James Street until it intersects the western boundary of the said town, thence along the western and southern boundary of the said town until the boundary between Wards Number Two and Three is intersected, thence northerly to the place of beginning.

That, Ward Number Four shall consist of all that part of the said town described as follows: Commencing at the northern boundary of the said town on the Sydenham Road, thence following the northwestern limits of the said town, to a stone monument within a few feet of the site of the Old Oatmeal Mill, thence across the stream or creek to a stone monument placed at the distance of five hundred feet from the west bank thereof, thence along the western boundary of the said town to a stone monument placed on a line at right angles with James Street, thence along James Street easterly until Peel Street is intersected, thence along Peel Street to King Street, thence along King Street to Sydenham Road, thence along Sydenham Road to the place of beginning.

IV. And be it enacted, That each of the said Wards shall annually, after the first election, elect one person to be a Member of the said Town Council from among the male inhabitant householders of the said Town, who being subjects of Her Majesty, shall be freeholders therein, whose freehold property shall be valued by the Assessor

or

or Assessors for the Town, at the rental or annual value of fifteen pounds; and at the first election under the authority of this Act the Returning Officers respectively shall judge of the qualification of the candidates respectively and their decision shall be final, and that no person shall be capable of holding the office of Member of the said Town Council who shall not have been a resident within the said Town for the space of one year or upwards, previous to his election; Provided always, that no person shall be Proviso. capable of serving as Member of the said Town Council who shall be a Minister, Priest, Ecclesiastic or Teacher under any form or profession of religious faith or worship.

V. And be it enacted, That the persons entitled to vote at either of the Wards, for Qualification. the election of such Members, shall be male inhabitant freeholders resident within of Voters. their respective Wards, being subjects of Her Majesty, whose names shall be entered upon the last Assessment Roll of the said Town, or Tenants, like subjects of Her Majesty, being rated upon the Assessment Roll of the said Town, and who shall have paid within one year next before the election, one year's rent for the dwelling house or dwelling houses, (if they shall within one year have changed their place of residence) within the said Ward in which they shall have resided, at the rate of five pounds per annum or upwards; and all persons as aforesaid shall vote in the Wards in which they Where each reside respectively, and no person shall be entitled to vote in more than one Ward, or shall vote. more than once in any Ward at any election of the Members of the said Town Council; and for the first election to be held under the authority of this Act, persons whose names shall appear on the Assessment Roll of the Town shall be entitled to vote for Members of the said Town Council under the limitations and provisions hereinbefore contained.

First election

Time for first

election; and

notice, &c.

of persons

elected.

VI. And be it enacted, That the first election of four Members for the said Town Council under this Act shall be holden on the first Monday in September next at some place within each Ward respectively, to be appointed by two or more Magistrates resident within the limits of the said Town, for the time being, who shall give public notice at least six days previous to the election, at which election, the Senior Magistrate residing within the limits of the said Town shall be the Returning Officer, who shall preside himself at one of the Wards and shall appoint a deputy to preside at each of the other three Wards, who shall keep the poll open for receiving and entering votes for the election of Members of the said Town Council, from the hour of nine of the clock of the forenoon until three of the clock of the afternoon on the said first Monday Proclamation in September next, and at the close of the poll at the hour aforesaid shall declare the persons who have the greatest number of votes, duly elected Members of the said Town Council, and shall give notice thereof to the persons so elected, within three days after such election; and that all subsequent elections of Members shall be held by the officers to be appointed by the said Town Council, the time, place and all proceedings, to be had in such elections, to be regulated from time to time by the said Town Council, so elected. and that the Members of the said Town Council so chosen as aforesaid, shall serve until the first Monday in September next year, and until a new Council shall be chosen and formed as hereinafter mentioned; and that on the first Monday in September in Annual elecevery year, after the first election, an election shall be holden in each Ward of the said tions. Town of Dundas, for choosing Members of the said Town Council according to the general provisions of this Act.

Notice to

them.
Period of ser-

vice of persons

[blocks in formation]

Wilful false swearing to be perjury.

Penalty on persons elect

ed refusing to Bwear, &c.

VII. And be it enacted, That before any person shall proceed to hold an election under this Act, he shall take the following oath, which any Justice of the Peace for the District of Gore is hereby authorized to administer, that is to say:

"I do solemnly swear, that I will faithfully and impartially, to the best of my ability, "discharge the duty of Presiding Officer at this election which I am about to hold for a Town Council in the Town of Dundas: So help me God."

VIII. And be it enacted, That the officer presiding at any election under this Act, shall have authority and is hereby required, at the request of any person qualified to vote at such election, to examine on oath or affirmation (when the party is allowed by law to affirm) any candidate for the office of Member of the said Town Council respecting his qualification to be elected to the said office; and shall also have authority, and is hereby required upon such request as aforesaid, to examine upon oath or affirmation, when the party is allowed by law to affirm, any person tendering his vote at any election, respecting his right to vote; and that the oath to be administered for either of the said purposes shall and may be in the following form:

"You shall true answer make to all such questions as the presiding officer at this "election shall put to you, respecting your qualification to be elected at this election, (or respecting your qualification to vote at this election, as the case may be ;) So help you God."

66

66

And the affirmation taken shall be in the common form of an affirmation to the same effect.

IX. And be it enacted, That if any person being examined upon oath or affirmation under this Act, in regard to his qualification to vote or to be elected, shall wilfully forswear himself, he shall be guilty of wilful and corrupt perjury, and on conviction thereof he shall suffer as in other cases of wilful and corrupt perjury.

X. And be it enacted, That if any of the Members of the said Council elected as aforesaid, after notice thereof, shall neglect or refuse for two days after having been elected, to take the oath of office hereinafter contained, which any one of the said Members so to be elected is hereby authorized to administer to the others, he shall, for such neglect or refusal, forfeit the sum of ten pounds, to be recovered with costs by information before any Justice of the Peace, who is authorized to proceed as is hereafter provided for the recovery of any penalty for the transgression of any order or regulation of the said Town Council: Provided, that no person having been elected a or publickly re- Member of the said Town Council, during his absence from the said Town, (unless such Member shall previously have permitted himself to be put in nomination for the said office,) or who, at the time of the election shall openly give notice to the officer presiding that he will not accept the office, shall be subject to the penalty hereinbefore stated, for his refusal to act as a Member of the said Town Council.

Proviso as to persons absent

fusing to be candidates.

Election of a fifth member and of the President

XI. And be it enacted, That after the first and every subsequent election of Members of the said Town Council, so soon as they shall respectively have taken the oath of office hereinafter contained, it shall be the first duty of the said Town Council, and they are hereby required to elect another Member qualified as aforesaid, and that such last chosen Member with the others shall forthwith proceed to the election

of

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