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regulating the construction of privy vaults; for causing vacant lots in central situations when they become nuisances to be properly enclosed; for regulating or preventing the erection or continuance of slaughter houses, gas works, tanneries, distilleries or other manufactories or trades which may prove to be nuisances; for preventing the raging of bells, blowing of horns, shouting and other unusual noises in the streets and public places; for preventing or regulating the firing of guns or other fire-arms; for preventing or regulating the firing or setting off of fire balls, squibs, crackers or fire-works; for preventing or regulating the washing or bathing in any public water in or near such village; for preventing and punishing parties engaged in charivaries and other like disturbances of the peace; for preventing any indecent public exposure of the person, or other indecent exhibition whatsover; for preventing profane swearing and the use of blasphemous, obscene or indelicate. language.

11. For establishing, maintaining and regulating one or more public lock-up-houses in and for such village, for the detention and imprisonment of all persons sentenced to an imprisonment of not more than ten days, under any of the by-laws of such village, and of all other persons lawfully detained in custody for examination before a justice of the peace or other competent authority on any charge of having committed any offence against the law or the by-laws of such village, or detained for the purpose of his transmission to any common gaol or house of correction, upon commitment or otherwise, either for trial or in the execution of any sentence that may have been passed upon him, either by a justice of the peace or other competent authority in that behalf.

12. For the establishing, protecting and regulating of public fountains, wells, pumps, cisterns, reservoirs and other conveniences for the supply of good and wholesome water or for the extinguishment of fires, and to make reasonable charge for the use thereof; and for preventing the waste and fouling of public water.

13. For regulating the keeping and transporting of gunpowder and other combustible or dangerous materials; and for erecting, regulating and providing for the support by fees of a village magazine for the storing of gunpowder belonging to private parties, and for compelling persons to store therein; for preventing or regulating the use of fire, lights or candles in livery or other stables, cabinet-makers and carpenters' shops, and combustible places; for preventing or regulating the carrying on of manufactories or trades dangerous in causing or promoting fire; and for regulating the mode of removal and requiring the safe keeping of ashes in proper deposits; for regulating, removing or preventing the construction of any chimney, flue, fire-place, stove, oven, boiler or other apparatus or thing in any house, manufactory or business, which may be dangerous in causing or promoting fire; for regulating the construction of chimneys as to dimensions and thickness, and the carrying of the same to a proper height above the roofs of buildings, and for enforcing the proper sweeping or cleaning of the same by licensed or other chimney sweepers; for guarding against the calamities of fire by regulating and enforcing the erection of party walls; for com

pelling the owners and occupants of houses to have skuttles in the roofs. and stairs and ladders leading to the same, and for authorizing the officer to be appointed for that purpose to enter at all reasonable times or bours upon the property of any party subject to such regulations, for the purpose of ascertaining that the same are properly obeyed; for requiring the inhabitants of such village to provide so many fire-buckets, in such manner and time as they shall prescribe, and for regulating the examination of them and the use of them at fires; for regulating the conduct and enforcing the assistance of the inhabitants present at fires, and the preservation of property thereat; for making regulations for the suppression of fires and the pulling down or demolishing of adjacent houses, buildings or other erections for that purpose; for purchasing and establishing and regulating fire, hook, ladder and property saving companies; for providing medals or rewards for persons who shall distinguish themselves at fires, and for assisting the widows and orphans of persons who may be killed by accidents occurring at such fires.

14. For entering into and examining all dwelling.houses, warehouses, shops, yards and outhouses, for ascertaining whether any such places are in a dangerous state, with respect to fire or otherwise, and for di. recting them to be put in a safe and secure condition; for appointing fire wardens and fire engineers; for appointing and removing firemen; for making such rules and regulations as may be thought expedient for the conduct of such fire companies, hook and ladder companies and property saving companies as may be raised with the sanction of the corporation of such village.

15. For providing for the health of the village and against the spread. ing of contagious or infectious diseases; for regulating the interment of the dead, and for directing the returning and keeping of bills of mortality; and for imposing penalties on physicians, sextons and others for default in the premises; and for providing and regulating one or more public cemeteries for the interment of the dead.

16. For laying out, improving and regulating any public cemetery for the burial of the dead that they may obtain and establish for such village, and for selling or leasing such portions thereof as they may think proper, and for declaring in the conveyance thereof to the pur. chasers or lessces the terms on which such portions are to be held, and for making such other regulations for the improvement, ornament and protection of such cemetery as they may think necessary and proper. 17. For preventing the immoderate riding or driving of horses or cattle in any of the public highways or streets of such village; and for preventing the leading, riding or driving of horses or cattle upon the side-walks of the streets of such village, or other improper places therein.

18. For regulating or preventing the fishing with nets or seines, the use of fishing lights, or the erection or use of weirs for eels or other fish in any harbour, river or public water within the limits of the jurisdiction of the corporation of such village. 19 For regulating inns, taverns, ale houses, victualling houses, ordinaries and all houses where fruit, oysters, clams, victuals or spirituous liquors, or any other manufactured beverage may be sold, to be eaten or drank therein, and all other places

for the reception and entertainment of the public within the jurisdiction of the corporation of such village, and to limit the number of them, and in all cases when there exists no other provision by law for the licensing of such houses, to provide for the proper licensing of the same, at such rates as to the corporation of such village may seem expedient, the proceeds of such license, in cases not otherwise appropriated by law, to form part of the public funds of such village, and to be disposed of as the said corporation may consider advisable.

20. For preventing the injuring or destroying of trees planted or growing for shade or ornament in such village, and for preventing the pulling down or defacing of sign boards.

21. For borrowing, under the restrictions and upon the security here. inafter mentioned, all such sums of money as shall or may be necessary for the execution of any village work within the jurisdiction and the scope of the authority by this act conferred upon them.

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

23. For making all such other by-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 village, or in any department or office thereof, for the peace, welfare, safety and good government of such village, as they may from time to time deem expedient, such bylaws 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 village: And provided also, secondly, that no person shall be compelled to pay a greater fine than ten pounds for refusing or neglecting to perform the duties of any mu nicipal office when duly elected or appointed thereto.

24. For the repeal, alteration or amendment from time to time of all or 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 village.

By 13 & 14 V. c. 64, § 9, after the incorporation of any village, or of a village into a town, such village or town shall be held to be part of the county to which it shall belong, as well for the purpose of representation, as for all other purposes, except only when such town shall be entitled to be represented in the Legislative Assembly by a member or members of its

own.

WARRANT.

A warrant is a precept under the hand and seal of a magistrate or other public functionary, directed to some officer, either to arrest an offender or to seize or distrain upon his goods, to

be dealt with respectively in either case according to law. A warrant can only be executed by some one or more of the persons to whom it is directed, unless, indeed, it be directed to the sheriff, who may either by parol or by precept in writing, authorise an officer, sworn and known, to execute it, but the sheriff cannot empower any other person without a precept in writing.-1 Haw. c. 60, § 11. If the warrant direct the officer to cause the party complained of to come before some justice of the peace, to find surety for keeping the peace, the officer, before he makes any arrest, ought first to require the party to go with him, and find sureties according to the purport of the warrant, and if he refuses, the officer may carry him by force before the magistrate, or confine him in some gaol till he can be conveniently brought before the magistrate.-Ibid. If the warrant specially direct that the party shall be brought before the justice who issued it, the officer ought not to carry him before any other; bnt if the warrant be general, to bring him before any justice, the officer has then the election to bring him before what justice he pleases, and may carry him to prison for refusing to obey the warrant.-Ibid.

In what cases, and in what form a warrant may be granted for the apprehension of a party, see ante "Arrest," p. 45; "Justices of the Peace," p. 406.

For what cause, and in what form a warrant of commitment may be issued, see "Commitment,"

p. 161.

And see further, "Distress," "Search Warrant," and "Habeas Corpus."

WEIGHTS AND MEASURES.

By the 4 G. IV. c. 16, § 3, the secretary shall furnish each district with a true standard.

§ 6. And all store-keepers, shop-keepers, millers, distillers, butchers, bakers, hucksters, and other trading persons, who shall have in their possession any weights or measures, whereby they sell or buy any articles, other than such as have been examined and stamped as aforesaid, shall, upon being convicted before any one justice, on the oath of one witness, forfeit £2 for every offence, to be levied, with reasonable costs, by distress and sale, and in default the offender shall be committed to the common gaol for any term not exceeding one month. The other sections of this act are repealed by the 12 Vic. c. 85. *By the 3 Vic. c. 17, § 3, information of the inspector upou oath to be prima facie evidence for a conviction.

By 12 Vic. c. 85, § 2, the inspectors of licenses are to be also inspectors of weights and measures within their respective districts; § 3, and to stamp if found true, all weights and

measures submitted to them; § 4. to attend for that purpose at such times and places as the magistrates in quarter sessions shall appoint; and every storekeeper, shopkeeper, miller, distiller, butcher, baker, huckster, or other trading person, wharfinger or forwarder, who shall two months after the appointment of an inspector therefor, use any weight or measure not duly stamped according to law, or which shall be found light or otherwise unjust, shall, on conviction, forfeit not more than £5, nor less than £2, to be recovered under the next section; and every such light or unjust weight or measure so used shall, on being discovered by any such inspector, be seized, and on conviction of the offender be forfeited and broken up by the inspector. § 5. It shall be lawful for every such inspector at all reasonable times, to enter any shop, store, warehouse, stall, yard, or place whatsoever within his division, where any commodity shall be bought, sold or exchanged, weighed, exposed or kept for sale, or weighed for conveyance or carriage, and there to examine all weights, measures, steelyards, or other weighing machines, and to compare and try the same with the copies of the standard weights or measures provided by law; and if any shall be found unstamped or light, or otherwise unjust, the same shall be liable to be seized and forfeited, and the person in possession of the same shall, on conviction, forfeit a sum not exceeding £2 for the first, and £5 for every subsequent offence, to be recovered with reasonable costs before any justice of the peace on the oath of the inspector, or any other credible witness, and if not forthwith paid, to be levied by distress and sale, and in default of distress the offender shall be committed to the common gaol of the district, for any term not exceeding one month: penalties under this act to belong to the crown, and be paid to the inspector, to be accounted for with other public monies; and any person who shall have in possession a steelyard or other weighing machine, found on examination to be incorrect or unjust, or shall neglect or refuse to produce for examination when required all weights, measures, steelyards, or other weighing machines in his possession, or shall obstruct or hinder such examination, shall be liable to a like penalty, to be recovered and applied as aforesaid; but no such penalty shall be incurred until two months at least after a standard of weights and measures shall have been received by the inspector. § 6. Forging or counterfeiting any stamp or mark used for stamping or marking weights or measures, to be a misdemeanor, and the offender liable to fine and imprisonment: such fine not to exceed £20, and imprisonment not to exceed three calendar months; and if any person shall knowingly sell, alter, dispose of, or expose to sale,

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