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Town Council empowered to raise money by loan for a Town Hall.

Market and

The land may

be mortgaged

as security for such loan, &c.

XLIII. And be it enacted, That the Town Council of the said Town of Dundas shall have full power and authority, and they are hereby authorized and empowered to raise by law a sum of money, not exceeding two thousand pounds, for the purpose of erecting a good and sufficient building of brick and stone, for the purpose of a Market House and Town Hall on some central and convenient lot, to be selected and purchased by the said Town Council for that purpose, of such dimensions as to the said Town Council may seem expedient; and the said Town Council are hereby authorized and empowered to mortgage or place in security the said lot, to any person or persons willing to lend the said sum of two thousand pounds, or so much thereof as may be necessary, in the discretion of the said Town Council, on such terms as may be mutually agreed upon, and also to secure the same upon the credit of the rates and assessments to be levied and collected according to the provisions of this Act, for the purpose of securing the re-payment thereof, with interest, such interest not to exceed the rate of six per centum per annum; and the said Town Council are hereby authorized and empowered to apportion from the rents and profits hereafter to accrue from the said lot or any part thereof, as also from the rates and assessments to be levied and collected as herein before provided, such amount as to the said Town Council may seem expedient, for the purpose of providing for a sinking fund for the payment of the said sum of two thousand pounds, or any part thereof, to be borrowed as aforesaid, with interest thereon, within such time as to the Town Council may seem expedient and prudent; and the Town Council said Town Council shall have full power and authority, and they are hereby authorized further loan, and empowered, to raise by law any sum of money not exceeding one thousand pounds, for improve for the purposes of improvements, as the said Town Council may deem expedient; and the said Town Council are hereby authorized and empowered to secure the same upon the credit of the rates and assessments to be levied and collected under the provisions of this Act, for the purpose of re-paying the same, with legal interest thereon, in such manner as the said Town Council may see fit.

XLIV. And be it enacted, That nothing in this Act contained shall deprive or be construed to deprive the qualified inhabitants of the Town of Dundas of their right to be represented in the Municipal Council of the Gore District.

XLV. And be it enacted, That nothing in this Act contained shall be construed as giving power to the said Town Council to form or open up any street or streets through any farm or farm-lands within the limits of the said Town, without the consent of the

owner or owners of the same.

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

Town Council sinking fund.

may create a

May raise a

ments.

Saving of the right of repre

sentation in the District Council of

Gore.

Saving of the right of not &c. opened

having roads,

through farms without permission.

or any Member or Members thereof, to be levied of the goods and chattels of such offender, and in default of such goods and chattels, the offender shall be liable to be committed to the Common Jail of the Gore District, for a term, in the discretion of the members of the said Town Council, before whom such offender shall have been conInhabitants of victed, not less than one day, and not exceeding thirty days; and no person shall be deemed an incompetent witness, upon any information under this Act, by reason of his being a resident of the said Town of Dundas: Provided always, that the information and complaint for any breach of any order or regulation of the said Town Council shall be made within fifteen days next after the time of the offence committed.

Dundas may

be witnesses.

Proviso: limitation of time for prosecution.

Application of penalties.

Protection of

persons acting under this Act.

Meetings of
Town Coun-

cil.

XXXVIII. And be it enacted, That all penalties recovered under the provisions of this Act shall be paid into the Treasury for the public uses of the said Town.

XXXIX. And be it enacted, That if any action or suit shall be brought against any person or persons for any matter or thing done under the authority or in pursuance of this Act, such action or suit shall be brought within six calendar months next after the fact committed and not afterwards; and the defendant or defendants in such action or suit may plead the general issue only, and give this Act and the special matter in evidence on the trial.

XL. And be it enacted, That the said Town Council shall assemble at least twice in each month for the transaction of the business of the said Town, and shall hold their sittings in the Town Hall, when such building shall have been provided, and until such Place of meet- suitable public building shall have been provided, the said Town Council shall determine on the place of meetings of the said Town Council.

ing.

Sheriff and

Jailer to detain persons cominitted

under this Act.

Justices for the
District
not to have
jurisdiction in
the Town ex-

cept in certain

cases.

Proviso: as to Quarter Sessions,

Proviso:

Protection of
Members of

Town Council

when acting as

Magistrates.

XLI. And be it enacted, That the Sheriff and Jailer of the District of Gore shall be bound and they are hereby authorized and required to receive and safely keep until duly discharged, all persons committed to their charge by the said Town Council, or Member thereof, under the authority thereof.

any

XLII. And be it enacted, That, except in General or Adjourned Quarter Sessions, the Justices of the Peace for the Gore District, as such Justices, shall exercise no jurisdiction over offences committed within the Town of Dundas; and that the Members of the Town Council shall, by virtue of their offices, be Justices of the Peace in and for the said Town, and exercise within the limits of the said Town, the authority now given by law to Justices of the Peace: Provided always, that nothing in this Act shall be construed to give the Members of the said Town Council any right or authority to sit, act or in any wise interfere in any Court of General or Adjourned Quarter Sessions, and it shall and may be lawful for any person or persons to appeal to the General Quarter Sessions, in the same manner as is now provided by law, from any conviction of any one or more Members of the said Town Council, when such conviction shall have been made in the exercise of their magisterial duty and apart from the enforcement of any By-laws or regulations: Provided also, that if any action or suit shall be brought against any member of the said Town Council, for any matter or thing done by him as such Justice of the Peace as aforesaid, he shall be entitled to and receive such notice of action as is now required to be given to Justices of the Peace in other cases.

Market and

Town Hall.

be mortgaged

Town Council

XLIII. And be it enacted, That the Town Council of the said Town of Dundas shall Town Council empowered have full power and authority, and they are hereby authorized and empowered to raise to raise money by law a sum of money, not exceeding two thousand pounds, for the purpose of erect- by loan for a ing a good and sufficient building of brick and stone, for the purpose of a Market House and Town Hall on some central and convenient lot, to be selected and purchased by the said Town Council for that purpose, of such dimensions as to the said Town Council may seem expedient; and the said Town Council are hereby authorized and The land may empowered to mortgage or place in security the said lot, to any person or persons as security for willing to lend the said sum of two thousand pounds, or so much thereof as may be such loan, &c. necessary, in the discretion of the said Town Council, on such terms as may be mutually agreed upon, and also to secure the same upon the credit of the rates and assessments to be levied and collected according to the provisions of this Act, for the purpose of securing the re-payment thereof, with interest, such interest not to exceed the rate of six per centum per annum; and the said Town Council are hereby authorized and empowered to apportion from the rents and profits hereafter to accrue from the said lot or any part thereof, as also from the rates and assessments to be levied and collected as hereinbefore provided, such amount as to the said Town Council may seem expedient, for the purpose of providing for a sinking fund for the payment of the said sum of two thousand pounds, or any part thereof, to be borrowed as aforesaid, with interest thereon, within such time as to the Town Council may seem expedient and prudent; and the said Town Council shall have full power and authority, and they are hereby authorized and empowered, to raise by law any sum of money not exceeding one thousand pounds, for the purposes of improvements, as the said Town Council may deem expedient; and the said Town Council are hereby authorized and empowered to secure the same upon the credit of the rates and assessments to be levied and collected under the provisions of this Act, for the purpose of re-paying the same, with legal interest thereon, in such manner as the said Town Council may see fit.

XLIV. And be it enacted, That nothing in this Act contained shall deprive or be construed to deprive the qualified inhabitants of the Town of Dundas of their right to be represented in the Municipal Council of the Gore District.

XLV. And be it enacted, That nothing in this Act contained shall be construed as giving power to the said Town Council to form or open up any street or streets through any farm or farm-lands within the limits of the said Town, without the consent of the owner or owners of the same.

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

may create a

sinking fund.

Town Council

May raise a

further loan,

for improve

ments.

Saving of the right of repre

the District Council of Gore.

Saving of the right of not &c.. opened

having roads,

through farms without permission.

ANNO DECIMO ET UNDECIMO

VICTORIE REGINÆ.

CAP. XLVI.

An Act to amend the tenth section of the Act to incorporate the Town of
Kingston as a City.

[28th July, 1817.]

W Majesty's as a

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THEREAS by the tenth Section of the Act passed in the ninth year of Her Majesty's Reign, intituled, An Act to incorporate the Town of Kingston as a City, it is enacted, "That the Harbour of the said City shall consist of all the Water lying between the front of the said City and the opposite shore of the Township of Pittsburgh as far as Point Frederick, (except such parts as may belong to private " individuals or be under the direct control of Her Majesty's Naval or Military autho"rities,) and beyond Point Frederick all the water lying in front of the said City (except as aforesaid) which may be distant five hundred yards from the main shore of "Wolfe Island," and it was intended that the words "the main shore of Wolfe Island" in the said enactment should mean and include the whole of the Township of Wolfe Island and also Garden Island: Be it therefore declared and 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, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby declared and enacted by the authority of the same, That the words " the main shore of Wolfe Island" in the said enactment, do and shall mean and include any part of the shore of the Township of Wolfe Island, and any Island forming part of the said Township, and also Garden Island.

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

Preamble. 10th Section 9th Vict. c.

75 cited.

Certain words

in the said section inter

preted.

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