council of such town to be composed of the councillors for the different wards, with the same powers within such ward as the municipality of any village; and the mayor and other officers to have the like powers as the town reeves and officers of any incorporated village. § 81. The town council of towns incorporated under this act are authorized to make by-laws for the following purposes, viz.:

Town By-Laws.

1. For establishing and regulating a police for such town; for establishing and regulating one or more alms-houses and houses of refuge for the relief of the poor and destitute; for erecting and establishing and also providing for the proper keeping of any work-house or house of correction that may hereafter be erected in and for such town; for regulating the erection of buildings, and preventing wooden buildings from being erected in thickly-built parts of such towns.

2. For the purchase of such lands as they may deem necessary, for the purpose of an industrial farm for such town, of not less than two hundred acres in extent, within such convenient distance of such town as they may deem expedient, and for erecting or building thereon such houses, buildings, yards and other inclosures, as may be deemed proper for the purposes of such farm.

3. For defraying out of the funds of such town, if necessary, the expense of lighting the same or any part thereof with gas, oil or other substances, and the performing of any kind of work required for the purpose, and for obliging the proprietors or occupiers of real property to allow such work to be done, and such fixtures placed in or about their premises as may be necessary for that purpose; such work and fixtures to be done at the expense of such town.

4. For regulating and licensing the owners of livery stables, horses, cabs, hackney-coaches, omnibuses, carts and other carriages used for hire in such town, and for establishing the rates of pay or hire, [and to compel in a summary way the prompt payment of the lawful price or hire to the owner or driver of such horses, cab, &c., by the parties hiring or using the same]; and for preventing runners, stage-drivers and others in the streets or public places from soliciting and teasing passengers and others to travel in any boat, vessel, stage or vehicle.

5. For assessing the proprietors of such real property in any such town as may be immediately benefited by such improvements, for such sum or sums as may at any time be necessary to defray the expense of making or repairing any common sewer, drain, flagging, posts or pavement in any public highway, street, square or place immediately opposite or near to such real property, and for regulating the time and manner in which such assessment shall be collected and paid.

6. For raising, levying and appropriating, at and upon the petition of two-thirds or upwards of the freeholders and householders resident in any particular street, square, alley or lane of such town, such sum or sums of money as may be necessary to defray the expense of sweeping and watering such street, square, alley or lane, by means of a special

rate to be assessed equally on the whole ratable property in such street, square, alley or lane.

7. For borrowing under the restriction and upon the security herein. after mentioned, all such sums of money as shall or may be necessary for the execution of any town work within their jurisdiction and the scope of the authority by this act conferred upon them.

8. 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 in such town, according to any law which shall be in force in Upper Canada concerning

rates and assessments.

9. For making all such laws as may be necessary and proper for carrying into execution the powers herein vested or hereinafter to be vested in the corporation of such town or in any department or office thereof, for the peace, welfare, safety and good government of such town, 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 town: 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.

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

town.

By the 13 & 14 V. c. 64, § 15, in case of an equality of votes on the election of mayor, the member of the corporation assessed for the highest amount on the collector's roll for the preceding year, shall have a second or casting vote.

TOWNSHIPS.

By the Municipal Act 12 Vic. c. 81, as amended by the 13 & 14 Vic. c. 64 (a), the following provisions are made in respect of townships :

§ 2 enacts, that townships having one hundred or more resident freeholders or householders on the collector's roll for the last year shall be a body corporate, with a common seal and corporate powers, to be exercised in the name of the munici pality of each township. § 3. It shall be the duty of the municipal council for each district, at a special meeting prior to the 2nd October, 1849, to attach, by by-law, townships having less than one hundred resident freeholders and householders to

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

some adjacent township, and such township so attached shall, until the dissolution of such union, be known as the junior township, and be represented in one municipality in common with such adjacent township, which shall be known as the senior township; and after the 1st of January, 1850, every township newly laid out by the crown, or not having within it one hundred resident freeholders and householders on the collector's roll, and not already attached, shall, by a by-law of the municipal council of the county, be united for the purposes of this act to such adjacent township as such municipal council shall think fit, and also to some one rural ward, where such last mentioned township shall have been divided into such wards, or part of it to one of such wards and part of it to another of such wards, with a view to the representation of the freeholders and householders thereof in the municipality of such united townships, and all such townships shall, while they shall so continue united, be called the united townships of § 4. It shall be lawful for the said municipal council, if they deem it expedient, to divide such townships (including unions of townships) into rural wards, for the election of township councillors, (excluding incorporated villages, towns and cities), in such manner that the several wards in such townships shall, as regards the number of freeholders and householders entitled to vote, be as nearly equal as practicable; § 5, and to appoint a convenient place in each ward for holding the election of township councillors, and a fit and proper person to hold the first election. § 6. Copies of such by-law to be published twice at least in the Official Gazette, and at least four times in some public newspaper, and copies to be posted up in four most public places in each township. § 7. The municipal council also to transmit a copy of the by-law to the person appointed to hold such election for rural wards one calendar month prior thereto, and who shall hold such first election under the penalty of £10, in case of default. § 8 authorises the municipality of the township from time to time, by any by-law to be passed for that purpose, [to divide such township into several wards, or when the same shall have been previously so divided by act either of the district or county council, or of the municipality of the township, then to divide the same into several wards as aforesaid, arranging or] re-arranging the same, so as inore effectually to accomplish the objects aforesaid, which division shall supersede the former; but no such by-law shall have effect unless passed by a vote of at least four-fifths of the members of such municipality. § 9. Township municipality from time to time, by by-law to be passed for that purpose, shall appoint a fit and convenient place in each ward for holding

the election of township councillors, superseding former appointinents; § 10, also shall appoint annually fit and proper persons to be returning officers for the elections in such rural wards. 11. Whenever any junior township of any such union of townships shall have within it one hundred resident freeholders and householders on the collector's roll, the municipal council of the county may, if deemed expedient, by bylaw passed within the first nine calendar months of the following year, divide the same into rural wards, and fix the place for holding the first election of councillors, and appoint returning officers and otherwise provide for holding such election as nearly as may be in the manner prescribed by the 4th, 5th, 6th and 7th sections. §. 12. Whenever any junior township of such union of townships shall have 100 resident freeholders and householders on the collector's roll, such junior township shall upon and after the 1st January in the year next but one thereafter be incorporated by itself, and be held and considered, as well as the other township or townships to which it was united, as separate townships. § 13. Whenever any junior township shall have such one hundred resident freeholders and householders on the roll, the municipality of such union of townships may, if deemed expedient, by by-law within the first nine calendar months of the following year, divide the remaining townships anew into rural wards, fix the place for holding the first election of councillors in each ward, and appoint returning officers and otherwise provide for such elections as nearly as may be in the manner prescribed by the 8th, 9th and 10th sections: Provided that such by-law need not be passed by two-thirds of the members, as required with respect to some particulars by the Sth section, but shall be valid if passed by a majority: Provided also, that such by-law shall contain a provision limiting it to come in force upon, from and after the 1st January; upon which day such union shall be dissolved, and not before. §14. In case such new division shall not have been made in anticipation of the dissolution of such union, and any of the other townships shall in consequence be left without a sufficient number of wards for completing the number of councillors to which they shall be entitled under this act, the election of councillors for such remaining townships shall, after such dissolution, be by general vote of the qualified freeholders and householders of the remaining townships at a general township meeting for that purpose, and not by rural wards, until a new division has been made; but if, notwithstanding such dissolution, parts of the wards comprising such junior townships shall still remain, the election of township councillors shall not then be by general vote, but by wards as before. § 15 The number

of rural wards to be five. § 16. Any township so attached to another, having within it [one hundred] resident freeholders and householders on the collector's roll, shall [for the year next but one following] the making up such roll and thenceforth be incorporated by itself, and shall as well as such other township be a separate township. § 17. No part of cities, &c. to form part of townships, nor township elections held therein. § 18. Present township officers to continue in office until the fourth Monday in January, 1850. § 19. Until townships be divided into rural wards the election of councillors to be at a general township meeting at the last place of election; and in case of united townships, at the last place of election of senior township. § 20. In case of election at a general township meeting and not by ward elections, the township clerk to be the returning officer. § 21. Elections of township councillors to be held on the first Monday in January in every year. § 22. Collector's roll to be produced at elections, verified by the collector's oath, and the persons named on the roll shall be those entitled to vote, being also residents at the time of election; and no person shall be qualified to be elected as a township councillor not assessed upon the roll for ratable property in his own right or that of his wife, as proprietor or tenant, to the value of £100. § 23. Five councillors to be elected for each township, who shall hold office until the third Monday in January in the year next following. § 24. Provides for the first meeting of the township municipality after the annual election; and at such first meeting the councillors shall elect amongst themselves a town-reeve, and in townships having five hundred resident freeholders and householders on the collector's roll a deputy town-reeve. § 25. Township municipalities may adjourn their meetings from time to time, and the town-reeve, or in case of death or absence the deputy town-reeve, may summon a special meeting. § 26. Meetings of the municipality to be held at such place within the township as they shall appoint. § 27. Town-reeve to preside at such meetings, or in his absence the deputy, and if there be no town-reeve or deputy, then some other member of such municipality. § 28. Township municipality to nominate and appoint [such and so many assessors and collectors as shall be permitted or prescribed by the laws for assessment of property, and levying and collecting of rates in force for the time being], for the year ending on the third Monday in January next following and until successors appointed. § 29. Accounts to be audited as provided by this section. § 30. Boundaries of townships shall be ascertained on a permanent footing under the 38 Geo. III. c. 1, or under any future act. § 31 authorises