CHAP. XX. AN ACT to postpone the Sale of Lands in arrear for Taxes. [Passed 6th March, 1838. WHEREAS large quantities of land within several Districts of this Province are advertised to be sold for arrears of Rates and Assessments: Preamble. And whereas, under the peculiar circumstances of this Province, it is desirable that the sale of lands in arrear, and now advertised, or about to be advertised for sale, should be postponed: Be it therefore enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That no lands in arrear for taxes, and advertised for sale, or liable to be advertised for sale, or liable to be sold, shall be for arrear of Taxes, postexposed to sale during the year of our Lord one thousand eight hundred the year. and thirty-eight: Provided always, that from and after the expiration of the said year eighteen hundred and thirty-eight, the same proceedings though no such postponeshall be taken and adopted which by Law it is now provided shall be pursued before any lands shall be sold, any Law of this Province to the contrary notwithstanding. CHAP. XXI. AN ACT to alter and amend sundry Acts regulating the appointment and duties of Township Officers. [Passed 6th March, 1838.] Sales of Land now liable pored till expiration of Same proceedings as ment. Preamble. Laws relating to Township WHEREAS it is expedient that the several laws now in force relative to the appointment and duties of Township Officers, and the mode of notifying and holding Township Meetings, except an Act passed in the fourth year of the reign of King William the Fourth, chapter twelve, exceptions, repealed. entitled, "An Act to regulate Line Fences and Water Courses," and to repeal so much of an Act passed in the thirty-third year of the reign of His late Majesty King George the Third, entitled, "An Act to provide for the nomination and appointment of Parish and Town Officers within this Province," as relates to the office of Fence-viewers being discharged by Overseers of Highways and Roads," should be repealed and reduced into one Act of Parliament: Be it therefore enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That an Act passed in the fifth year of the reign of King William the Fourth, entitled, "An Act to reduce to one Act of Parliament the several laws relative to the appointment and duties of Township Officers in this Province, except an Act passed in the fourth year of the reign of William the Fourth, chapter twelve, entitled, An Act to regulate Line Fences and Water Courses, and to repeal so much of an Act passed in the thirtythird year of the reign of His late Majesty King George the Third, entitled, An Act to provide for the nomination and appointment of Parish and Town Officers within this Province, as relates to the office of Fence Viewers being discharged by Overseers of highways and roads;' An Act passed in the sixth year of the reign of King William the Fourth, entitled, An Act to amend and extend the provisions of an Act passed during the last Session of the Provincial Legislature, entitled, 'An Act to reduce to one Act of Parliament the several Laws relative to the appointment and duties of Township Officers in this Province, except an Act passed in the fourth year of the reign of William the Fourth, chapter twelve, entitled, 'An Act to regulate Line Fences and Water Courses, and to repeal so much of an Act passed in the thirty-third year of the reign of His late Majesty King George the Third, entitled, An Act to provide for the nomination and appointment of Parish and Town Officers within this Province as relates to the office of Fence Viewers being discharged by Overseers of Highways and Roads'; and an Act passed in the seventh year of the reign of King William the Fourth, entitled, An Act to amend the Laws for the appointment of Parish and Township Officers"; Provided Repealing clauses of Acts always, that any prior Act or enactment repealed by any of the Acts hereinbefore recited, shall be and remain repealed. repealed to remain in force. Two Magistrates may issue warrant, giving ten 6 6 II. And be it further enacted by the authority aforesaid, That from and days notice to Clerk of after the passing of this Act, it shall and may be lawful for any two of Her Majesty's Justices of the Peace, acting within the division in which any 1 certain persons for the ship Officers for one year. Parish, Township, reputed Township or place may be, to issue their Township to assemble warrant, giving not less than ten days previous notice to the Township purpose of chosing TownClerk of such Parish, Township, reputed Township or place, authorising him, on the first Monday in January in each year, to assemble the inhabitant Freeholders and Householders, paying or liable to any public Assessment or rate of such Parish, Township, reputed Township or place, at such place as may be appointed by the Magistrates in their said warrant, for the purpose of choosing or nominating the Parish or Township Officers hereinafter mentioned, to serve in their respective office one year from the time of their being so chosen; at which meeting the Town Clerk of said Town Clerk to preside Town or Township shall preside, until a Chairman be chosen: Provided always, that such Township meeting shall be held in the Township Hall, Meeting to be held in if there be such public building in the Township out of the limits of Township Hall. Incorporated Town, or Town having Police Regulation. any until Chairman be chosen. inhabitants may lawfully business authorised by this shall proced upon duties III. And be it further enacted by the authority aforesaid, That in case If Town Clerk neglect to the Township Clerk of any Parish, Township or reputed Township, shall assemble as aforesaid, neglect or refuse to assemble the said inhabitant Freeholders and House- meet and transact the holders at the time and place appointed in the warrant aforesaid, the said Act; and Township Clerk inhabitant Freeholders and Householders may nevertheless lawfully meet of his office. and choose a Chairman, and transact all such public business as is provided by this Act; and after the Township Officers have been chosen and appointed at said meeting, the Township Clerk then and there chosen shall proceed upon the duties of his office, as provided by this Act. Form of Justices' Warrant to Assemble the Inhabitants of--District. "To the Township Clerk of the Township of in the said District." By virtue of the power for such purposes granted by an Act of the Legislature, made and passed in the- -, to us A. B. and C. D. Esquires, two of Her Majesty's Justices of the Peace in and for the said District: These are to authorise and require you, giving at least eight days previous notice, by affixing the same in at least three public places within the said Parish, Township or place, to assemble the inhabitant Freeholders and Householders living within your Parish or Township, to meet aton the first Monday in January next, being the of January next, at the hour of twelve o'clock noon, for the purpose of choosing and nominating certain fit and proper persons to serve as Township Officers for the ensuing year, according to the directions in the said Act contained. 66 Given under our hands and seals, at, on the day of—, 18— Township Clerk's Notice to assemble the Inhabitants of—District.” Form of warrant. WHEREAS by virtue of a warrant from-and- -, Esquires, two of Her Township Clerk's notice. Majesty's Justices of the Peace, to assemble the Inhabitants of the Town Freeholders and house of twenty-one years of age. All questions decided by majority. without authority liable to fine. ship of Dated -, Town Clerk. IV. And be it further enacted by the authority aforesaid, That no holders entitled to vote, if person shall be qualified to vote at any Township meeting under the provisions of this Act, except he be a Freeholder or Householder in such Township, of the full age of twenty-one years; and that all public matters and questions at such Township meeting shall be decided by the majørity of the inhabitant Freeholders and Householders of the Township then Persons offering to vote and there present; that any person voting or offering to vote at any such Township meeting as aforesaid, not being duly qualified by law to vote, shall be subject and liable to a penalty of not less than five shillings, or more than twenty shillings, to be recovered with costs, on complaint of two witnesses, by a warrant of one Magistrate, the said fine to be paid over to the Town Clerk, and to be expended on the Roads in said Township: Provided, the complaint shall be made to the Court having jurisdiction of similar offences within three months thereafter, unless it shall appear to the Court that the person so offending shall not have had his vote objected to at the time of his voting, and that the offence was committed through his ignorance of the law upon this subject. Fine to be paid to Town Clerk, and expended on roads. Complaint to be made within three months. Election of officers. Whon Officers are not eeding year to zerre. V. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the inhabitant Freeholders and Householders at such Township meetings to choose one Clerk of said Town or Township; one Assessor; one Collector; a sufficient number of persons to serve as Pound-keepers, Overseers of Highways, and also three Town Wardens for the said Township: Provided always, that should the inhabitant hosen, those of the pre- Freeholders and Householders of any Township within this Province, from any cause whatever, neglect or refuse to assemble and appoint any particular Officer or Officers for the year as aforesaid, then and in such case the Officers of the Township for the preceding year, or such of them as shall not be relieved by the appointment of other Officers as their successors, shall continue and remain in office for the succeeding year, and shall have the same powers and be subject to the same responsibilities as if they had been chosen to such office in the usual manner; and Magistrates not liable to that no Magistrate shall be liable without his consent to serve in any Township office: Provided always, that no person shall be compelled to serve in any of the aforesaid offices in any Township in which he doth not reside, except in such cases where two Townships are joined in one serve. Persons not liable to serve out of the Township, except in certain cases, nor oftener than once in three years. be held in certain Towns. Township meeting, nor shall be elected to serve in any Township office oftener than once in three years, unless he shall consent thereto: Provided also, that where any Town in any Township in this Province shall be in- Township meetings not to corporated, or have Police Regulations established therein, no annual Township meeting for the purpose among other things of electing Township Officers shall be held in any such Town, but that the said annual Township meeting shall be holden in such convenient place out of such Town as the Magistrates in their warrant shall appoint. Township containing hold meetings. VI. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the inhabitant Freeholders and Householders in thirty householders may any newly settled Township, in which no regular Township Meeting has been by Law hitherto holden, to hold Township Meetings for the purpose of appointing persons to serve in the different offices for the Township, mentioned in this Act, so soon as such new Township shall contain thirty inhabitant Freeholders or Householders: Provided always, that where a Township not containing Township doth not contain thirty inhabitant Freeholders and House-thirty inhabitant freeholders, such inhabitants shall be taken and reputed as inhabitants of such belonging to Township Township adjacent, which, in the opinion of the Magistrates granting the Warrant, may be deemed most convenient for the new Township. holders, to be reputed as adjoining. transacted at such VII. And be it further enacted by the authority aforesaid, That it shall be the duty of the Clerk appointed as aforesaid to any Township, to Clerk to record all matters record all such matters as shall be lawfully transacted at such meetings, meetings. all other matters relating to the Township which by virtue of his office it shall be his duty to record; which record, together with all other records, Record to be kept by papers, monies unexpended, and property, belonging to the Township which may come into his hands by virtue of his office, shall be faithfully kept and preserved by such Clerk, and by him delivered over to his successor duly appointed. Clerk, and delivered over to successor in office. copies of proceedings VIII. And be it further enacted by the authority aforesaid, That it shall clerk to make out two be the duty of every Township Clerk appointed agreeably to the provisions this process of this Act, to make out two copies from his record of the proceedings of is appointment. the meeting at which he was appointed Clerk for the Township, within How copies disposed of twenty days after his appointment, one of which he shall post up in a conspicuous manner at the place where the meeting was held, and deliver the other, with a copy of the account current of the Township for the preceding year, to the Clerk of the Peace for the District; and it shall be duty of the Clerk of the Peace to file in his office all such copies as may copies of records, to be be transmitted or delivered to him by the respective Township Clerks in payment of one shilling each and every year, which shall be and remain in his office as a record, and shall be open to the inspection of every person desiring it, on payment Clerk of Peace to file and three-pence, |