nominate one, then both to be elected in the manner aforesaid; and in case the vestry shall neglect to elect a church-warden, then both shall be nominated by the incumbent: Provided, that if from any cause a vestry meeting shall not take place at the time aforesaid, church-wardens may be appointed at any subsequent vestry meeting: in case of death, change of residence to twenty miles or more from the church, of either of the church-wardens, a vestry meeting shall be called for the election of another. § 4. None to be eligible except members of the Church of England of full age, and members of the vestry. 5. To hold office for the current year, and until the appointment of successors. § 6. Church-wardens to be a corporation to represent the interest of such church and of the members thereof, and may sue and be sued, &c., and prosecute indictments, presentments, and other criminal proceedings in respect of such churches, church-yards, and things appertaining thereto, and may, in conjunction with the rector or incumbent, execute faculties or conveyances, or other proper assurances in the law to pew-holders by purchase or lease, and grant certificates for sittings at the expense of the applicants, and to sell, lease, and rent pews and sittings upon such terms as may be settled at vestry meetings to be holden for that purpose. $7. In case of absolute purchase, pews to be construed as freehold of inheritance not subject to forfeiture by change of residence or by discontinuing to frequent the same, and may be sold and assigned to any purchaser being a member of the church. 8. Pew-holders to have the right of action against any person injuring or disturbing. § 9. Churchwardens, within fourteen days after the appointment of successors, to deliver an account to them in writing, in a book or books to be kept for that purpose and signed by them, of all monies received by them and sums due, and also of all goods, chattels, and other property of such church or parish in their hands, and of all monies paid, and of all other things concerning their said office: and shall pay over and deliver all such remaining in their hands unto their successors, which account shall be verified by oath before one or more justices; and said books shall be carefully kept by the churchwardens, and may be inspected by any member of such vestry on payment of one shilling: and in case churchwardens shall make default in yielding such account, or in delivering over such money or goods, their successors may proceed against them at law or in equity; and in case of the re-appointment of churchwardens, such account shall be made and rendered at an adjourned vestry meeting fourteen days after such reappointment. § 10. Incumbent or churchwardens may call a vestry meeting at any time, upon application in writing of six

members of such vestry; and in case of refusal, then one week after such demand any six members of such vestry may call same by notice to be affixed on the outer church door (or doors) at least one week previous. § 11. The rector or incumbent to be chairman at all vestry meetings if present, and if absent such person as the majority shall name; vestry clerk to be secretary; proceedings to be entered in a book and kept by the churchwardens. § 12. Pew rents to be regulated at vestry meetings. § 13. The organist, vestry clerk, sexton, and other subordinate servants of the church to be appointed by the churchwardens. § 14. Fees on marriages, baptisms, and other services, and burials, to be regulated by the ordinary, or in case of no ordinary, by the bishop. § 15. Vestries to make by-laws for regulating their proceedings and management of the church property. 16. Grants of property for the use of the church to be valid, notwithstanding the statutes of mortmain. § 17. Church endowments may be made upon the bishop's license, and the founder to have the right of presentation in perpetuity. § 18. No spiritual jurisdiction to be conferred by this act.

CITIES.

By the Municipal Act, 12 Vic. c. 81, § 82, (a) amended by the 13 & 14 Vic. c. 64, it is enacted, that the cities named in Schedule C. be incorporated, with all the powers of incorporated towns, to be exercised through and in the name of the "mayor, aldermen and commonalty" of such city. § 83. [Two] aldermen and two councillors to be chosen for each ward, collectors' rolls to be furnished, and the common council of each such city to be formed of such aldermen and councillors, in the same manner as the town council of any town, and all the rules and regulations in this act, as applied to incorporated towns, by way of reference to those for incorporated villages or otherwise, shall apply to cities; the mayor to be elected from among the aldermen; qualification for alderman to be real estate held by him in fee simple or in freehold within the city or liberties, of the assessed value of £500, or being a tenant, from year to year, or for years, of real property within the city or liberties at a bona fide rental of £60 per annum or upwards, or receipt of £60 or upwards of yearly rent from real property within such city or liberties; and for councillor, real estate to the value of £300, or being a tenant from year to year, or for years, of real property within the eity or liberties at a bona fide rental of £30 per annum or upwards, or in receipt of £30 or upwards of yearly rent from real pro

(a) The words between the brackets [ ] shew the amendments.

perty within such city or liberties; aldermen and councillors to be chosen by the male inhabitants, freeholders or householders, entered on the roll and resident in the ward, and assessed as proprietors or tenants for a house or land, or both, to the value of £50, and by no other. § 84. Incorporated towns containing more than 15,000 inhabitants may petition to become a city. § 85. Cities, for all municipal and judicial purposes, to be counties, but not to exclude county municipal councils from holding their sittings, &c. within such cities or liberties. § 86. Justices for the county to have no jurisdiction over offences committed within the city or liberties. § 87. [Aldermen of cities to be justices of the peace, and from the time of erection of any town into a city] commission of the peace for such town to cease. § 88. Chief constable and a high bailiff to be appointed for each city, [who may by by-law be united in one person]. § 89. City liberties may be made outer wards. § 90. Any such outer ward, containing as many inhabitants as contained in the least populous ward of the city, or as much assessed property as in the least wealthy ward, may, by proclamation from the mayor under the city seal, be annexed to the city, by such name as the common council shall think fit. § 91. Such outer ward then to cease to be a part of the liberties and be a ward of the city, with all incidental things. § 92. The county gaol, court house and house of correction to continue to be the gaol, &c. of the city. § 93. That besides a police [office and police magistrates, as provided with respect to incorporated towns as aforesaid, having the like powers as herein provided with respect to the police,] there shall be a court of record in each city, to be called the Recorder's Court, in which the recorder shall preside, assisted by one or more aldermen, or, in the absence of the recorder, the mayor or one of the aldermen, to be elected by the aldermen; and such court shall have like jurisdiction, as to crimes, offences and misdemeanors committed in the city and liberties, as the Courts of Quarter Sessions now have, as well as in matters of civil concern not belonging to the ordinary jurisdiction of a court of justice, as have been or may hereafter be by law vested in Quarter Sessions. § 94. Recorder's Court to hold four sessions in the year, viz., on the second Monday in the months of January, April, July and October. § 95. Inhabitants of cities to be exempt from, serving on juries except in City Courts, [trials at bar] and Courts of Assize, Nisi Prius, Oyer and Terminer and General Gaol Delivery. § 96. The grand jury of Recorder's Court to consist of twenty-four persons, summoned by the high bailiff under precepts signed by the recorder (or alderman substitute). § 97. Panel of petit

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jurors to be not less than thirty-six, nor more than sixty jurors, to be summoned by the high bailiff in like manner. § 98. Residents of the cities or liberties only to sit on such juries. § 99. Grand juries to have power over all offences committed within the city or liberties. § 100. The like process as in Sessions to be used in the Recorder's Courts. § 101. On defendant's acquittal, prosecutor's costs to be paid out of the city funds, upon reasonable cause shewn for prosecution. § 102. Recorder may suspend high bailiff, chief constable &c. from their duties and appoint others pro tem. § 103. Clerk of the Common Council to be clerk of the Recorder's Court. § 104. Recorder to be a barrister of five years' standing and appointed by the crown, and ex-officio justice of the peace for the city, with a salary of not less than £250, payable quarterly out of the city funds, but not to be appointed until the city corporation request. § 105. Office of recorder and police magistrate may be vested in the same person. § 106. Common Council of the city to have the same powers as town councils, § 107. and may moreover make by-laws for the following puposes, viz.:

CITY BY-LAWS.

Firstly. For erecting and establishing, and also providing for the proper keeping of a city-hall, court-house, gaol, house of correction and house of industry, in and for such city and the liberties thereof, and appointing the inspectors of any such house of industry.

Secondly.-For regulating, in their discretion, the erecting of buildings, and preventing wooden buildings and wooden fences from being erected in such city.

Thirdly. For borrowing under the restrictions and upon the secu. rity hereinafter mentioned all such sums of money as shall or may be necessary for the execution of any city work within their jurisdiction, and the scope of the authority by this act conferred upon them.

Fourthly-For raising, levying, and appropriating such moneys as may be required for all or any of the purposes aforesaid, by means of a rate to be assessed equally on the whole ratable property of such city, according to any law which shall be in force in Upper Canada concerning rates and assessments.

Fifthly. For making all such laws as may be necessary and proper for carrying into execution the powers herein vested or hereafter to be vested in the corporation of such city or in any department or office thereof, for the peace, welfare, safety and good government of such city, as they may from time to time deem expedient, such laws not being repugnant to this or any other act of the parliament of this province, or of the parliament of Upper Canada, or to the general laws of that part of this province: Provided always, nevertheless, firstly, that no person shall be subject to be fined more than five pounds exclusive of costs, or to be imprisoned more than thirty days for the breach of any by-law or regulation of such city: and provided also, secondly, that no person shall be compelled to pay a greater fine than twenty

pounds, for refusing or neglecting to perform the duties of any municipal office, when duly elected or appointed thereto.

Sixthly. For the repeal, alteration, or amendment, from time to time, of all or of any of such by-laws, and the making others in lieu thereof as to them may seem expedient for the good of the inhabitants of such city.

SCHEDULE C.

1. Hamilton-2. Kingston-3. Toronto-(for the city liberties and divisions see the Schedule to the Act).

See also post titles, "Municipal Corporations" and "Towns" CLERGY.

By stat. 4 & 5 Vic. c. 27, § 23,. it is enacted that if any person shall arrest any clergyman or minister of the gospel, upon any civil process, while he shall be performing divine service, or shall, with the knowledge of such person, be going to perform the same, or returning from the performance thereof, every such offender shall be guilty of a misdemeanor, and being convicted thereof shall suffer such punishment by fine or imprisonment, or by both, as the court shall award.

See also post title "Punishment," § 36.

CLERK OF THE PEACE.

The clerk of the peace is an officer belonging to the sessions of the peace; and his duty is to read indictments, enrol the proceedings, draw the process, and record other matters which appertain to the jurisdiction of the quarter sessions; he also certifies into the Court of Queen's Bench transcripts of indictments, outlawries, attainders, and convictions had before the justices of the peace within the time limited by any writ of certiorari directed to the justices to return such proceedings; and he ought to be an able and sufficient person residing in the county or division for which he is appointed.-Deacon's C. L. 246.

The clerk of the peace is appointed by the Lieutenant Governor, by commission under the great seal of the province, and holds his office quamdiu se bene gesserit. He may also exe cute his office by deputy.-37 H. VIII. c. 1.

By stat. 1 W. & M. c. 21, § 6, if he shall misdemean himself in office, and a complaint in writing be exhibited against him to the justices in sessions, the justices may, on examination and due proof thereof, suspend him from his office; and before entering upon the execution of his office, must take the following oath, besides the oaths of allegiance, supremacy and abjuration.