shall go to the informer and the other half to the Municipality. ()

INSPECTORS OF LICENSES.

252.-The Council of every Township, City, Town or Incorporated Village, may respectively pass By-laws :

spectors of

1. For appointing annually one or more fit and proper per- Appoint sons, possessing the same property qualification as that requir- ment of Ined for the Councillors of the Municipality, to be inspectors of Shop and Shop and Tavern Licenses, who shall hold office during the Tavern Licurrent year, and any vacancy occurring during the year shall be filled by the Council, for the remainder of such year.

censes.

Term of

office.

Duties and

2. For fixing and defining the duties, powers and privileges of the Inspectors so appointed; the remuneration they shall remunerareceive; and the security to be given by them for the efficient tion of. discharge of the duties of their office; such By-laws not being Security. contrary to law. (m)

may endorse

sale of liquors else

in the house.

253.-Any Inspector of Licenses may, in his discretion Inspectors (but subject to any By-law of the Municipality,) endorse on licenses to any license permission to the person holding the license, to authorize sell the liquors mentioned in his License at any place out of his house, or to remove from the house licensed to another where than house to be described in the endorsement and situate within the same Municipality, and such permission shall authorize the holder thereof to sell such liquors in the house mentioned in the endorsement during the unexpired portion of the term for which the License was granted, and upon the same terms and conditions; And any Bond or security which such holder may have given for any purpose relative to such license, shall apply to the house or place to which such removal has been authorized. (n)

(1) See note h to sec. 249.

(m) This section is for the appointment of inspectors of licenses, and for the regulation of their duties when appointed. The Court has refused to interfere by mandamus to compel inspectors to examine a certain house fitted up by the applicant as a saloon, and to grant him the proper certificate if he should be found to have complied with the by-law of the Municipal Council in that behalf. (In re Baxter v. Hesson et al, 12 U. C. Q. B. 139.) No Inspector has any power under this section to act without his local jurisdiction.

(n) Any one having a tavern license may sell liquors by retail to be consumed out of his house, in the same quantities as if to be consumed in the house. (Sec. 248.) No one having a shop license is entitled thereunder to sell liquors to be consumed in his house. (Sec. 250.) In the event of it being desired by the licensee to sell temporarily at a place other than his house, or to change his house, the provisions of this section come to his relief.

Billiard

licensed.

254.-Every Council of a Township, City, Town, or Incorporated Village, (o) may also pass By-laws: (p)

BILLIARD TABLES.

1. For licensing, regulating and governing all persons who, tables to be for hire or gain directly or indirectly, keep, or have in their possession, or on their premises, any Billiard Table, (q) or who keep or have a Billiard Table in a house or place of public entertainment or resort, whether such Billiard Table is used or not, (r) and for fixing the sum to be paid for a License so to have or keep such Billiard Table, and the time such License shall be in force; (8)

Victualling

houses, num

ber and re

gulation of

License and

VICTUALLING HOUSES, &C.

2. For limiting the number of and regulating Victualling Houses, ordinaries, and houses where fruit, oysters, clams, or victuals are sold to be eaten therein, and all other places for the reception, refreshment or entertainment of the public; (t)

and

3. For licensing the same when no other provision exists fee for same. therefor, and for fixing the rates of such Licenses not exceeding Twenty dollars. (u)

Licenses

quired to be renewed.

LICENSES HOW LONG TO CONTINUE.

255.-In case any By-law respecting Licenses is repealed, when not re- altered or amended, no person shall be required to take out a new license or to pay any individual sum upon his license during the time for which the same has been granted to him. (v)

(0) The power does not extend to County Councils.
(p) See note v to sec. 186.

(2) Whether or not such person is the keeper of a tavern or house of public entertainment. (See Church qui tam v. Richards, 6 U.C. Q.B. 562.)

(r) If the billiard table is in a house or place of public entertainment it must be licensed, whether used or not.

(s) The section extends-1. To all persons who for hire or gain keep on their premises a billiard table; and 2. To all persons who keep a billiard table in a house or place of public entertainment or resort. (t) The power to limit involves no power to suppress. (See note v to sec. 245.)

(u) This is a general power to license victualling houses, &c. It can only be exercised "when no other provision exists therefor." No license is to cost more than $20.

(v) This section appears to extend to all licenses, whether to sell spirituous liquors, keep billiard tables or victualling houses, &c.

LICENSE FEES.

Municipa

256.-All sums of money levied for licenses over and License fees above the sum payable to the Province, by way of duty, shall to belong to belong to the Corporation of the Municipality in which they lity. are levied. (w)

DISORDERLY INNS.

ints to be

against.

257.-The Mayor or Police Magistrate of a Town or City, How keepers with any one Justice of the Peace having jurisdiction there- of disorderly in, or the Reeve of a Township or Village, with any one proceeded Justice of the Peace having jurisdiction in the Township or Village, upon complaint made on oath to them, or one of them respectively, of riotous or disorderly conduct in any Inn, Tavern, Ale or Beer house situate within their jurisdiction, may summon the keeper of the Inn, Tavern, Ale or Beer House, to answer the complaint, and may investigate the same summarily, and either dismiss the complaint with costs to be paid by the complainant, or convict the keeper of having a riotous or disorderly house, and annul his license, or suspend the same for not more than sixty days, with or without costs, as in their discretion may seem just. (x)

LAND MARKS AND BOUNDARIES.

and monuments to

258.-In case the Council of any Township, City, Town, Land marks or Incorporated Village, (y) adopts a resolution (z) on the application of one half of the resident landholders to be affected mark bounthereby, (a) that it is expedient to place durable monuments

The object of it is to protect the existence of licenses bona fide issued
under a by-law, notwithstanding the repeal, alteration or amendment
of such by-law.

(w) For sums payable to the Provincial Government on licenses to
sell spirituous liquors, &c., see note z to sec. 246.

(z) The powers given are:

1. Upon complaint, &c., to summon the keeper of the inn, &c.

2. To investigate the complaint summarily.

3. To dismiss the complaint with costs to be paid by complainant.

4. Or to convict the keeper of having a riotous or disorderly house.
5. To annul his license.

6. Or suspend the same for not more than 60 days.

7. Costs to be discretionary.

The forms of proceeding ought to be as nearly as may be like those directed by 16 Vic. cap. 178, as to summary convictions by justices. (y) The right to make applications such as mentioned in this section was at first restricted to County Councils. (12 Vic. cap. 35, sec. 31.)

(z) Resolution.-See note v. to sec. 186.

(a) A resolution, if not founded on an application of one balf of the resident landholders, &c., would be invalid.

daries.

at the front or rear of any concession or range or part thereof in the municipality, or at the front and rear angles of the lots therein, (b) the Council may apply to the Governor in the manner provided for in the thirty-first section of the Act 12 V. c. 36. passed in the twelfth year of Her Majesty's reign, chapter thirty-five, praying him to cause a survey of such concession or range, or such part thereof, to be made, and such monuments to be placed under the authority of the Commissioner of Crown Lands, (c) and the person or persons making the survey shall accordingly plant stone or other durable monuments at the front or at the rear of such concession or range, or such part thereof as aforesaid, or at the front and rear angles of every lot therein, (as the case may be,) and the limits of each lot so ascertained and marked, shall be the true limits thereof; (d) and the costs of the survey shall be defrayed in the manner prescribed by the said statute. (e)

Certain
Councils may

259.-The Council of every township, city, town or incorpass By-laws porated village (f) may also pass by-laws: (g)

for

Ascertaining

boundaries

PROVISION FOR ESTABLISHING BOUNDARIES.

1. For procuring the necessary estimates, and making the and marking proper application for ascertaining and establishing the bounof townships. dary lines of the Municipality, according to law, in case the same has not been done; and for erecting and providing for

(b) Under the 12 Vic. cap. 31, the application may be to have any concession line not run in the original survey, or of which the survey has been obliterated, surveyed and marked by permanent stone boundaries. (Sec. 31.) Under 18 Vic. cap. 83, it may be to have placed stone or other durable monuments at the front, or at the rear, or at the front and rear angles of the lots, in any concession or range, or part of a concession or range. (Sec 8.)

(c) The survey is to take place "under the direction and order of the Commissioner of Crown Lands." (12 Vic. cap. 35, sec. 31.)

(d) The duty of the surveyor employed is defined. If he ascertains the limits of each lot and mark the same, the limits so ascertained and marked are to be the true limits thereof.

(e) The cost is to be borne by the proprietors of the lands in each concession or part of concession interested. The Council may cause an estimate of the sum requisite to defray the expenses to be incurred to be laid before it, in order that the same may be levied on the landed proprietors, in proportion to the quantity or value of their respective lands. The expenses are to be paid by the Council to the surveyor, on the certificate and order of the Commissioner of Crown Lands. (12 Vic. cap. 35, sec. 31.)

(f) Neither County Councils nor Police Villages are included.

(g) The powers mentioned in sec. 258 are exercisable by resolution -here by by-law. (See note v to sec. 186.)

the preservation of the durable monuments required to be erected for evidencing the same. (h)

SCHOOLS.

schools.

2. For obtaining such real property as may be required for Acquiring the erection of Common School houses thereon, and for other land for Common School purposes, and for the disposal thereof when no longer required; and for providing for the establishment and support of Common Schools according to law. (i)

CEMETERIES.

lishing ceme

3. For accepting or purchasing land for public cemeteries, For estabas well within as without the Municipality, and for laying out, tri improving and managing the same; but no land shall be accepted or purchased for such purpose except by a by-law declaring in express terms that the land is appropriated for a public cemetery and for no other purpose; and thereupon such land, although without the Municipality, shall become part thereof, and shall cease to be part of the Municipality to which it formerly belonged; and such by-law shall not be repealed. (j)

thereof on

4. For selling or leasing portions of such land for the pur- For selling pose of interment in family vaults or otherwise, and for portions declaring in the conveyance the terms on which such portions limited shall be held. (k)

CRUELTY TO ANIMALS.

terms.

5. For preventing cruelty to animals, and for preventing Preventing the destruction of birds, the by-laws for these purposes. not cruelty to being inconsistent with any statute in that behalf. (i)

(h) See sec. 258 and notes thereto.

(i) School Trustees of a township cannot, without reference to the freeholders, determine upon the site of a school house, and purchase it, and impose a rate to meet the expense. (Orr v. Ramsey et al, 12 U. C. Q. B. 377.)

() As a rule, the jurisdiction of every Council is confined to the Municipality the Council represents. (Sec. 186.) Here an authority beyond the limits of the Municipality is given. That authority is to accept or purchase land for public cemeteries, as well within as without the Municipality. The acceptance or purchase is to be by bylaw, declaring in express terms that the land is appropriated for a public cemetery and for no other purpose. When this is done the land, although without the Municipality, becomes part thereof for all purposes of local government.

(k) There is no limitation as to the interest to be conveyed. When the Municipality is seized in fee simple, the conveyance may be made either for ever or for years. The power is to "sell" or "lease." The conveyance must be executed under the corporate seal of the Municipal Council.

(1) See note z to sec. 187.

animals.