To appoint officers; ings required by and being upon the land of the Corporation, (b) and for disposing of such property when no longer required; (c) APPOINTING CERTAIN OFFICERS. 2. For appointing (d) such, (1.) Pound-Keepers; (2.) Fence-Viewers; (3.) Overseers of Highways; (4) Road Surveyors; (5.) And other officers as are necessary in the affairs of the Corporation, (e) or for carrying into effect the provisions of any Act of the Legislature for the removal of such officers. (b) The Court of Queen's Bench refused a rule nisi for a mandamus at the instance of the Justices of the Huron District, to compel the Municipal Council of the Huron District to build a court-house. (Justices of the Huron District vthe Huron District Council, 5 U. C. Q. B. 574.) It is undecided whether, if a Municipal Council neglects to repair the steps leading to a court-house, and an individual in consequence thereof falls and loses his life, an action will lie against the corporation, at the suit of his representatives, under 10 & 11 Vic. cap. 6. (Hawkeshaw v. the District Council of the District of Dalhousie, 7 U. C. Q. B. 590.) A by-law passed by the Municipal Council of Prescott and Russell, to tax the township of Russell for the erection of a registry office for the use of the united counties, was set aside. (Smith v. the United Counties of Prescott and Russell, 10 U. C. Q. B. 282.) (c) The several Municipal Councils named would appear to have authority to dispose of an old town hall and its site, when they think that another situation would be more convenient. (In re Hawke and the Municipality of Wellesley, 13 U. C. Q. B. 636.) (d) It is not here described in what manner, that is, whether under corporate seal or otherwise, the officers in this section named are to be appointed. The bill, when introduced to the House of Assembly, had the words "under the corporate seal;" but these words were afterwards struck out in committee. It has always been a recognized qualification of the principle which requires the use of the seal, that there are certain small matters of such frequent occurrence in the course of conducting affairs by a corporation, that it appears to be of necessity that corporations should be allowed to transact them without going through the formality of a sealed instrument. The hiring of servants to perform their ordinary duties has from a very early period been one of these exceptions. (Raines v. the Credit Harbour Company, 1 U. C. Q. B. 174.) Whether the officers named in this section come within the exception is, to say the least of it, doubtful. The old law required such appointments to be under the corporate seal. (12 Vic. cap. 81, sec. 31, subsec. 5.) (e) There is power given to appoint, not only the officers described, but other officers necessary in the affairs of the corporation." This opens a door to abuses; but perhaps a restriction to officers named might have worked great inconvenience. 3. For regulating the remuneration, fees, charges and du- To fix fees ties of such officers, (f) and the securities to be given for and securithe performance of such duties; AIDING AGRICULTURAL AND OTHER SOCIETIES. ties; agricultural 4. For granting money or land in aid of the Agricultural For aiding Association of Upper Canada, (g) or of any duly organized societies; Agricultural (h) or Horticultural Society in Upper Canada, (i) or of the Board of Arts and Manufactures for Upper Canada, () or of any incorporated Mechanics' Institute within the Municipality: (k) CENSUS. 5. Tor taking a Census of the inhabitants, or of the resi- Local census. dent Male freeholders and householders of the Municipality; (7) FINES AND PENALTIES. 6. For inflicting reasonable fines and penalties not exceed- Fines and ing Fifty dollars, exclusive of costs, (1.) Upon any person for the non-performance of his duties who has been elected or appointed to any office in the Corporation, and who has accepted such Office and taken the oaths, and afterwards neglects the duties thereof, (m) and (f) Such officers, i. e. the officers named and other officers necessary in the affairs of the corporation. (9) The Members of the Boards of Agriculture, and of the Boards of Arts and Manufactures, the Presidents and Vice-Presidents of all lawfully organized County Agricultural Societies, and of all Horticultural Societies, and all subscribers of five shillings annually to the funds of any such society, are in Upper Canada the Agricultural Association of Upper Canada. (20 Vic. cap. 32, sec. 31.) (h) An Agricultural Society may be organized in each of the electoral divisions of Upper Canada, &c. (Ib. sec. 37.) (1) Any number of persons, not less than twenty-five, may organize and form themselves into a Horticultural Society, for any city, town, township or village, in Upper Canada, &c. (Ib. sec. 48.) (j) "The Board of Arts and Manufactures for Upper Canada" is constituted and incorporated by sec. 18 et seq. of 20 Vic. cap. 32. (k) Many institutes are incorporated by special Acts of Parliament. (2) This is a new provision. The only statutable provision of the kind heretofore existing was for a provincial census. (14 & 15 Vic. cap. 49.) (m) Refusal to accept office or to make the necessary declarations are penal by sec. 183. This subsection applies only to persons who, having accepted office, neglect the duties thereof, &c. penalties for neglect of duty. Imprisonment when time of. (2.) For breach of any of the By-laws of the Corporation; (n) and 7. For collecting such penalties by distress and sale of the goods and chattels of the offender; (0) 8. For inflicting reasonable punishment, by imprisonment allowed, and with or without hard labour either in a Lock-up-house in some Town or Village in the Township, or in the County Gaol or House of Correction for any period not exceeding Twenty-one days, for breach of any of the By-laws of the Council in case of non-payment of the Fine inflicted for any such breach, and there being no distress found out of which such fine can be levied. (p) What sec tions shall 30 apply. Members of Health cers. PROVISIONS APPLICABLE TO TOWNSHIPS, CITIES, TOWNS, AND INCORPORATED VILLAGES. (9) 243.-The following Sections numbered from 244 to 254, (r) shall apply to the following Municipalities namely: 1. Townships, 3. Towns, and 2. Cities, 4. Incorporated Villages. PUBLIC HEALTH. 244.-The Members of every Township, City, Town and Council to be Incorporated Village Council shall be Health Officers within their respective Municipalities, under the Statute of Upper Canada, passed in the fifth year of the reign of His late Majesty, King William the Fourth, intituled, An Act to promote the Public Health and to guard against infectious diseases in this Province, and under any Act hereafter passed for the like purpose; (s) but any such Council may by By-law dele. (n) The power to make By-laws necessarily supposes the power to enforce them by pecuniary penalties, competent and proportionable to the offence. (note v. to sec. 186.) The limitation here to fines "not exceeding fifty dollars" is as wise as it is necessary. (0) If there is no distress, imprisonment may fellow. (See subsec. 8.) (p) Imprisonment is not allowable in the first instance. It is only allowed in case of non-payment of the fine inflicted, and where there is no sufficient distress. When inflicted it must be reasonable, that is, be proportionate to the nature and degree of the offence. It must not, however, under any circumstances, exceed twenty-one days. It may be either with or without hard labor. (9) See note y to sec. 241. (r) This, it is apprehended, is a mistake. The numbers ought to be from 244 to 260. The numbers of the sections were altered in committee, and "254" inadvertently allowed to remain unaltered. (s) The act here mentioned authorizes the Governor-General to gate the powers of its members as such Health Officers to a committee of their own number, or to such persons, either including or not including some of themselves, as the Council thinks best. (t) 245.-The Council of every Township, City, Town and Council may Incorporated Village may respectively pass By-laws, (u) laws. SHOP AND TAVERN LICENSES. make By intoxicating liquors. 1. For granting Tavern Licenses (that is licenses for the re- For retailing tail of spirituous, fermented or other manufactured liquors to be drunk in the Inn, Ale-house, Beer-house or other house, or place of entertainment in which the same is sold), and for granting shop licenses, (that is licenses for the retail of such liquors in Shops, Stores or other places other than Inus, Alehouses, Beer-houses or places of public entertainment; which 2. For declaring the terms and conditions required to be Terms on complied with, by an applicant for a Tavern license, and the license may security to be given by him for observing the same; be granted. 3. For declaring the security to be given by any applicant Security to for a Shop or Tavern License, for observing the By-laws of be given. the Municipality; 4. For limiting the number of Tavern and Shop licenses Number may respectively; be limited. of public 5. For regulating the houses or places licensed, the time Regulation the licenses are to be in force, not exceeding one year, the sums to be paid therefor respectively. PROHIBITED SALE OF SPIRITUOUS LIQUORS. and houses. liquors in prohibited. 6. For prohibiting the sale by retail of spirituous, ferment- Sale of ed or other manufactured liquors in any Inn or other House shops or taof public entertainment; and for prohibiting the sale thereof verns may be in Shops and places other than houses of public entertainment; Provided the By-law, before the final passing thereof, has been duly approved by the Electors of the Municipality in the manner provided by this Act; (v) appoint three or more persons in each and every town, and in such other places as may be deemed necessary, to act as Health Officers (5 Wm. IV. cap.10, sec.1), with very extensive powers. (Ib. secs. 2 & 6.) (1) The delegation, it is to be observed, is not to be except by by-law. (u) By-laws.-See note v to sec. 186. (v) The power of a Municipal Council to grant a license for the sale of spirituous liquors to a particular house, and afterwards to prohibit the sale of spirituous liquors in that house on certain days or at certain hours, has been doubted. (Baker v. the Municipal Council of Paris, 10 U. C. Q. B. 621) The power to prohibit the sale of spirituous The sums to be paid for licenses. 246.-The sum to be paid for a tavern license shall include as well the duty payable under the Imperial Statute passed in the fourteenth year of the reign of King George the Third, Sum to in- intituled, An Act to establish a fund towards defraying the clude the Imperial duty and that under 22 V. c. 76. charges of the administration of Justice and the support of the Civil Government within the Province of Quebec, (w) as the duty payable under any Act passed in the present or any future session of the Parliament of this Province, (x) and liquors in an inn under any circumstances, has also been doubted. (w) Which is nine dollars, or one pound sixteen shillings sterling. (14 Geo. III. cap. 88, sec. 5.) (x) On licenses of hotels, &c., in cities, there is a Provincial tax of twelve dollars; in towns, ten dollars; in places other than cities and towns, five dollars. (22 Vic. cap. 76, sec. 14.) |