Penalty on gressing Bylaws, how to persons trans be recovered. in default of distress. LV. And be it enacted, That if any person shall transgress the By-laws, orders or regulations made by the said Corporation under the authority of this Act, such person shall for every such offence, forfeit the sum which in every By-law, Order, Rule or Regulation, shall be specified, with costs, to be recovered by information before the said Mayor and Town Council, or any three members thereof, to be levied of the goods and chattels of such offender: and in default of such goods and chattels, the offender Imprisonment shall be liable to be committed to the Common Jail of the London District, for a term in the discretion of the members of the said Corporation before whom such offender shall have been convicted, not less than one day and not exceeding thirty days; and any penalty imposed under the authority of this Act may be in like manner recovered and proceeded for by imprisonment as aforesaid in default of goods; and no person Proviso. shall be deemed an incompetent witness upon any information or matter under this Act by reason of being a resident of the said Town of London; Provided always, that Proviso. the information and complaint for any breach of any By-law, Order or Regulation of the said Mayor and Town Council, shall be made within fifteen days next after the time of the offence committed. and the pro LVI. And be it enacted, That all penalties received under the provisions of this Penalties, how Act, shall be paid into the Treasury of the said Town Council; and the proceeds of applied. all licenses granted under this Act, with the exception before mentioned, and any ceeds of Licen income of whatever nature, shall form part of the public funds of the said Town; any ses. law or usage of this Province to the contrary notwithstanding, and shall be applied in the same manner as other monies coming into the said Treasury, may be applied for the public uses of the said Town. A certain sum to be paid by lieu of assess Treasurer in fore payable funds of Lon don District. Proviso U. as to the l Asylum. C. Lunatic LVII. And be it enacted, That in lieu of the payment of any part of the rates or assessments heretofore payable to the general funds of the London District, the Treasurer of the said Town shall, some time in the month of July in each and every year, out of the monies in the hands of the said Town Treasurer, pay to the Treasurer of ments heretothe London District, for the general uses of the said District, such annual sum as may to general be agreed on between the District Council of the said District and the said Mayor and Town Council, and in default of such agreement the yearly sum of one hundred and fifty pounds, the first payment thereof to begin and be made in the month of July in the year one thousand eight hundred and forty-eight: Provided always, that nothing in this Act shall be construed to prevent or excuse the inhabitants of the said Town from paying to the general funds of the London District all such sum and sums of money as are or hereafter may be collected within the said Town, for or on account of any assessment now imposed or hereafter to be imposed by any Act of the Legislature of Upper Canada or of Canada, for the support and maintenance of the Provincial Lunatic Asylum, or of the assessment already imposed by the general Assessment Law of this Province, for the year one thousand eight hundred and forty-seven; and provided always, Proviso. that when and so soon as the said London District shall by virtue of any law of this Province, be relieved from payment of the expenses of the administration of Criminal Justice within said District, or from any part thereof, then the payment of the said sum of one hundred and fifty pounds, so to be paid by the said Town of London to the said District of London as aforesaid, or such part thereof as shall be proportionate to the share or portion of such expenses whereof the said District shall be relieved, shall cease and be no further made. LVIII. LVIII. And be it enacted, That the Sheriff and Jailer of the London District 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 any member thereof, under the authority of this Act. LIX. And be it enacted, That if any action or suit be brought against any person or persons for any matter or thing done under the authority of this Act, or in pursuance thereof, 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. LX. And be it enacted, That notwithstanding the privileges that may be conferred by this Act, the Legislature may at any time hereafter, in their discretion, make any additions to this Act, or such alteration of any of its provisions as they may think proper. LXI. And be it enacted, That wherever the word "person" or "persons" is used in this Act, it shall be held to comprehend a body politic or corporate as well as an individual, and every word importing the singular number shall when necessary be deemed to extend to several persons or things, and every word importing the masculine gender shall when necessary extend to a female as well as a male, and the converse, unless there be something in the subject or context repugnant to or inconsistent with such construction; and whenever power is given by this Act to any officer or functionary to do or enforce the doing of any act, all such power shall be understood to be also given as shall be requisite to enable such officer or functionary to do or enforce the doing of such Act; and generally, all other words, terms, and phrases in this Act, shall receive such fair and reasonable interpretation as shall be best adapted to give full effect to this Act according to its true intent, meaning and spirit. LXII. And be it enacted, That this Act shall be taken and held to be a Public Act and shall be judicially taken notice of by all Judges, Justices and others, without being specially pleaded. MONTREAL:-Printed by STEWART DERBISHIRE & GEORGE DESBARATS, Law Printer to the Queen's Most Excellent Majesty. W CAP. XLIX. An Act to incorporate the Town of Brantford. [28th July, 1847. ] HEREAS from the great increase of the population in the Town of Brantford, Preamble. in the District of Gore, it is necessary to make provision for the internal regulation thereof: 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, and 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 inhabitants of the said Town of Brantford as hereinafter described, and their successors, inhabitants within the limits of the same, shall be, and they are hereby constituted a body politic and corporate, in fact and in law, by and under the name of The Town of Brantford, and as such shall have perpetual succession, and be capable Corporate of suing and being sued, impleading and being impleaded, in all Courts and in all name and actions, causes and complaints whatsoever, and have a common seal, and may alter the same at pleasure, and shall be in law capable of receiving titles by gift, and of purchasing, holding, and conveying any estate, real or personal, for the uses of the said Town. II. And be it enacted, That the said Town of Brantford shall be composed of the lands situate in the Township of Brantford within the following limits or boundaries, that is to say: Commencing on the north side of Colborne Street, in the eastern limit of the said Town as originally laid out by the authority of the Government of the late Province of Upper Canada; then north eighteen degrees thirty minutes east, seventy-nine chains forty-five links more or less to the north-east angle of the said Town as laid out by the Government as aforesaid; then south eighty-four degrees thirty minutes west, eighty-two chains twenty-eight links more or less, to the northwest angle of the said Town as laid out by the Government as aforesaid, and to the eastern limit of a certain tract of twelve hundred acres of land originally granted by the Crown to Abraham Kennedy Smith and Margaret Kerby; then south twenty-seven degrees thirty minutes west, eight chains more or less, to the south east angle of a parcel of land belonging to Peter O. Banyon; then north sixty-two degrees thirty minutes West, sixty chains more or less, to the western limit of the said lands granted by the Crown to the said Abraham Kennedy Smith and Margaret Kerby; then south twenty seven Inhabitants of Brantford incorporated, the Town of powers. Limits of the Brantford, defined. Government of under control of a Town Council. seven degrees thirty minutes west one hundred and eight chains more or less along the western limit of the said lands to the Grand River; then across the Grand River obliquely with the stream in an easterly direction, and passing south of the large island, about thirty chains, to the limit between the farm lands of Thomas Mair and the north part of the Brant Farm, granted by the Crown to William Johnson Kerr; then south twenty-seven degrees twenty-five minutes west, forty-two chains more or less to the rear of the lots on the south side of Burford Street on the plank road; then south sixtyeight degrees east thirty-nine chains more or less to the East side of the Mount Pleasant road and south side of Walnut Street on the lands of Daniel Mercer Gilkison; then north forty-three degrees thirty minutes east, thirty-six chains more or less along the south side of Walnut Street to the Grand River; then easterly along the south side of the Grand River with the stream about thirty chains to opposite the mouth of the Cove; then east across the Grand River to the south side of the mouth of the said Cove; then north-easterly along the easterly side of the said Cove about twenty chains to the southern limit of the lands of the Grand River Navigation Company; then easterly along the south boundary of the said Grand River Navigation Company's lands, about fifty-five chains to the western limit of the Mohawk Parsonage Glebe; then north five degrees thirty minutes west, forty-five chains more or less, to the place of beginning. III. And be it enacted, That the internal management and government of the said the Town to be Town shall be under the control and authority of a Town Council to be denominated The Mayor and Council of the Town of Brantford, to be elected from among the male inhabitants of the said Town in the manner hereinafter provided, and that every legislative Act of the said Town be expressed to be enacted by the Mayor and Council of Brantford in Town Council assembled. Town to be West Ward. South Ward. IV. And be it enacted, That the said Town shall be divided into seven Wards, by the names of the West Ward, the North Ward, the South Ward, King's Ward, Queen's Ward, Brant Ward, and the East Ward; and that part of the said Town lying south of the Grand River shall constitute the West Ward, and that part of the said Town lying north of the Grand River (including the two large islands in the river) and west of Cedar Street and West Street, from its intersection with Cedar Street, shall constitute the North Ward; and that part of the said Town lying south of Colborne Street and west of Alfred Street to the Grand River, shall constitute the South Ward; and that King's Ward. part of the said Town lying north of Colborne Street and between Cedar Street and West Street from its intersection with Cedar Street and Queen Street, shall constitute King's Ward; and that part of the said Town lying north of Colborne Street and betwen Queen's Street and Market Street to their intersection with West Street, Brant Ward. shall constitute Queen's Ward; and that part of the said Town lying north of Colborne Street and between Market Street and Alfred Street, shall constitute Brant Ward; and that part of the said Town lying east of Alfred Street shall constitute the East Ward. Queen's East Ward. Election of the the Town V. And be it enacted, That each of the said Wards, shall annually, after the first election, elect from among the male inhabitants of the said Town one person to be a Council, and member of the said Town Council, who being a subject of Her Majesty and of the full their qualifica age of twenty-one years, shall be a freeholder therein, whose freehold property shall be valued by the Assessor or Assessors for the Town at the rental or annual value of tion. not not less than fifteen pounds per annum, or a leaseholder therein, holding by lease made for a term of seven years and upwards, and who shall pay for and in respect of any property by him or them held as aforesaid within the said Town an annual rent of not less than thirty pounds: Provided always, that a building or buildings shall be erected Proviso. upon any leasehold tenement held as aforesaid and shall be valued with such tenement; and provided, that if rent be paid only for the ground on which such building or build- Proviso. ings stand, then the annual value of such building or buildings exclusive of the ground rent may be added to such ground rent to make up the said sum of thirty pounds; and Returning offiat the first election under the authority of this Act, the Returning Officers respectively qualification. shall judge of the qualification of the said candidates respectively, and their decision Residence reshall be final; and that no person shall be capable of holding the office of Member of quired. the said Town Council who shall not have been a resident within the said Town for the space of three years or upwards immediately previous to his election; Provided Proviso: ceralways, that no person shall be capable of serving as a member of the said Town not to be Council who shall be a minister, priest, ecclesiastic or teacher, under any form or profession of religious faith or worship. cer to judge of tain persons elected. Voters to be inhabitant free-holders, whose names are on the assessment Roll, sess and qualified manner. in a certain VI. And be it enacted, That the persons entitled to vote at either of the said Wards for the election of such members shall be male inhabitant freeholders resident within their respective Wards, being subjects of Her Majesty, whose names shall be entered upon the last Assessment Roll of the said Town, or tenants, like subjects of Her Majesty, being rated upon the Assessment Roll of the said Town, and shall have paid within one year next before the election one year's rent for the dwelling house or dwelling houses (if they shall within one year have changed their place of residence) within the Ward in which they shall have resided, at the rate of six pounds or upwards; or if the ground only on which such dwelling house stands is rented, then the annual value of such dwelling house exclusive of the ground rent shall be added to the ground rent to make up the said sum of six pounds; and all persons as aforesaid shall vote in the Wards in which they reside respectively, and no person shall be entitled to vote in more than one Ward, or more than once in any Ward at any election of Members of the said Town Council: and for the first election to be held under the authority of Qualification this Act, persons whose names shall appear on the Assessment Roll of the Township at first elecas residents in the said Town, shall be entitled to vote for Members of the said Town Council under the limitations and provisions hereinafter contained. tion. First election when to be held, and after what notice. VII. And be it enacted, That the first election of Members for the said Town Council under this Act, shall be holden on the first Monday in September next, at some place in each Ward respectively, to be appointed by the Senior Magistrate of the said Town for the time being, who shall give public notice at least six days previous to the election, at which election the said Senior Magistrate shall preside in King's Ward, and shall appoint fit and proper persons under his hand and seal to hold the said elections for the West Ward, the North Ward, the South Ward, Queen's Ward, Brant Ward and East Ward respectively, which said Senior Magistrate and the persons so appointed, shall hold the said election for each Ward respectively; and after the Poll to be held nomination of a candidate or candidates and a show of hands thereupon, if a poll be if demanded. demanded by any person qualified to vote at any such election, shall open and keep open the poll for receiving and entering votes for the election of Members of the said Town Council from the hour of nine of the forenoon, until three of the clock of the afternoon on the said first Monday in September next, and at the close of the poll at |