Board, shall be fyled and kept by the Clerk of the Peace of the District of Johnstown, in the same manner as other qualification oaths of Justices of the Peace.

Prescott ex

XLIV. And be it enacted, That the limits of the said Town of Prescott shall be as Limits of follows: Commencing at the south-eastern angle of the Township of Augusta, thence tended and denorth twenty-four degrees west to the rear of the first Concession of the said Town- fined. ship, thence south-westerly along the said Concession line to the limit between the east and west half of lot number five in the first Concession of Augusta aforesaid, thence south twenty-four degrees east to the River Saint Lawrence, thence northeasterly along the water's edge to the south-eastern angle of the said Township to the place of beginning, and shall take in so much of the waters of the River St. Lawrence and the land under the wharves and buildings built in such waters, as lie within three hundred yards in every direction of the water's edge in front of the present limits of the said Town.

XLV. And be it enacted, That the said Act, intituled, An Act to incorporate the Village of Prescott, and to establish an elective Police therein, except such parts thereof as are repealed, contrary to, inconsistent with or clearly superseded by the provisions of this Act, shall be taken and construed, and shall have the same effect and operation as if the same had been embodied in this Act, and expressly re-enacted.

effect as if embodied in this Act.

President and Board may eslaws, &c. for certain purpo

tablish By

ses.

XLVI. And be it enacted, That in addition to or confirmation of the powers conferred by the said Act establishing a Police in the said Town, it shall and may be lawful for the President and Board of Police of the said Town from time to time to pass By-laws, Regulations or Ordinances, to have force and operation within the limits of the said Town only, and not being contrary to law and this Act, to alter, amend or repeal any By-law, Regulation or Ordinance, heretofore made or hereafter to be made by the Corporation of the said Town; for making, preserving, planking, flagging, gravelling, Highways &c. macadamizing, paving, raising or lowering, levelling, mending, repairing, cleansing, and public plawatching or lighting any street, alley, lane, highway, road, bridge, side-walk, cross-walk ces. or other walk, public squares or grounds, public wharves, slips, docks, market-houses and market places, shores, gutters, and sewers, and for the prevention, abatement or removal of any nuisance, incumbrance or obstruction, in, to, upon or affecting the same respectively; for enforcing the performance of statute or road labour, or payment of the com- Statute labour mutation money therefor; for the restraining or regulating the running or being at Animals runlarge of any geese, turkeys and other poultry, goats, rabbits, sheep, dogs or other ning at large. animals; to regulate, license or prevent the selling of meat, vegetables, cakes, fruit, Licensing beer or any other beverage, in the public streets or public grounds; to prevent or persons exerregulate fishing with fire-lights, or bathing and swimming in the waters of the St. callings. Lawrence within the limits of the said Town; to prevent any indecent public exposure Bathing or of the person, or other indecent exhibitions whatever; to prevent profane swearing, Indecency. and the use of blasphemous, obscene or indecent language; to license, prevent or Swearing, &c. regulate all public theatrical performances, shows or exhibitions of wild animals, waxfigures, puppet shows, wire-dancers, circus riders, jugglers, mountebanks or other showmen; to prevent the excessive beating or other inhuman treatment of horses, cattle or other beasts; to suppress all tippling-houses and houses of ill-fame, and restrain or punish all persons for keeping or resorting to the same; to prevent the sale or giving to drink of any strong or intoxicating drink to any child, servant or apprentice, without the consent of his or her master, employer or protector; to regulate or suppress

cising certain

fishing.

Shows and

Theatres.

Cruelty to

animals. Tippling hou

ses, &c.

Sale of Li

dren, &c.

quor to chil

Gambling.
Markets,

Butchers, &c.

Forestalling regrating, &c.

Precautions

or extinguish

all billiard-tables, roulette-tables, faro-banks or games, as well as any other species of gambling or gambling apparatus; to regulate the market-houses and places, the selling of fish, meats, vegetables and other articles thereat, and the licensing of butchers, butchers' stalls and other stalls in such market-houses and market-places for vending Taverns, &c. meats, eatables, fruits and other articles; to regulate any tavern or house for vending or keeping for sale any ale, beer, cider, spirituous liquors or other fermented drinks, to limit their number, and provide for the proper licensing of the same at such rates as to the said Corporation may seem expedient, the proceeds of such licenses (excepting tavern licenses) to form part of the public funds of the said Town, and to be disposed of as the said Corporation may consider advisable, any law of this Province to the contrary notwithstanding; to prevent the forestalling, regrating or monopoly of market grains, 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 regulate and require chimneys and smoke flues hereafter to be built for preventing to be of suitable materials, and not under certain dimensions, to be securely built, and ing fires. 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 and keeping of the same; to regulate the keeping and removal of gunpowder or 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 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 Public proper 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 pound-keeper or pound-keepers to the same, and declare and limit the fees and allowances to be taken by each pound-keeper; to provide a public and general burying-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 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; for establishing, maintaining and regulating a public Lock-up-House in and for the said Town, for the detention and imprisonment of all persons sentenced under any of the provisions of this Act, by any member of the Board of Police to imprisonment not exceeding ten days, or arrested in the said Town on suspicion of any offence and detained for examination before a Magistrate prior to his discharge or committal for trial, and for appointing and remunerating the keeper of such Lock-up-House, 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 be hereafter 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

Supply of

water.

ty.

Pounds.

Burial ground, &c.

Bonds.

Lock-uphouse.

General provision.

the

limited.

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, Proviso: fines that no fine or penalty imposed by any By-law, 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 incorporate the Village of Prescott, and to establish an elective Police therein,) exceed the sum of two pounds and ten shillings.

XLVII. And be it enacted, That this Act shall be and is hereby declared to be a Public Act. 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.

ment of this

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

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

An Act to repeal the Act of Incorporation of the Town of London, and to establish a Town Council therein, in lieu of a Board of Police, and for other purposes therein mentioned.

WH

[ 28th July, 1847. ]

Preamble.

e. 31, cited.

HEREAS an Act was passed by the Parliament of Upper Canada, in the third year of the Reign of Her present Majesty, intituled, An Act to define the U.C., 3 Vict. limils of the Town of London, in the District of London, and to establish a Board of Police therein; and whereas from the increase of the population and commerce of the said Town, and other causes, it is found that the provisions of the said Act are insufficient; And whereas the several laws now in force relative to the levying and collecting rates and assessments have in their application to the Town of London produced well founded complaints from the inhabitants of the said Town, and it is therefore expedient to provide for the more equal and just levying of the rates and assessments in the said Town; and whereas it is expedient that the whole of the rates and assessments rated and assessed on property within the said Town should be paid and applied to the uses of the said Town, the said Town paying to the funds of the London District a certain yearly sum as the proportion which the said Town ought to bear and pay of the general expenses of the District; and whereas it is expedient that the statute labor should be enforced in the said Town or commuted, at the discretion of the Mayor and Town Council hereinafter mentioned; and whereas it is expedient for the better protection and management of the best interests of the inhabitants, that the said Act should be repealed and provision made for the government of the said Town in manner hereinafter expressed: 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, That the said Act, intituled, An Act to define the The said Act, limits of the Town of London, in the District of London, and to establish a board of &c, repealed. Police therein, and all other Acts and parts of Acts and Laws now in force repugnant to or inconsistent with the provisions of this Act, be and the same are hereby repealed, so far as they are applicable to the Town of London: Provided always, that the repeal of the said Acts and parts of Acts and Laws, shall not be held to revive or give force or effect to any enactment which has by the said Acts, or any of them, been repealed or determined.

II.

Proviso.

Exception.