Chief Superintendent may refer certain questions to Superior Courts. Inconsistent enactments, repealed. Section 95 of cap. 64, amended. Preamble, Sect. 377 of Con. Stat. U. C., cap. 54, repealed. New section substituted. Sessions of Court. Preamble. The said sec 23. It shall be competent for the Chief Superintendent of Education, should he deem it expedient, to submit a case on any question arising under the Grammar or Common School Acts, to any Judge of either of the Superior Courts for his opinion and decision, or, with the consent of such Judge, to either of the Superior Courts for their opinion and decision. 24. So much of the said Upper Canada Common School Act as is inconsistent with the provisions of this Act, is hereby repealed; and in the second line of the ninety-fifth section of the said Upper Canada Common School Act, the phrase "The County Council shall divide" shall read, "The County Council shall have authority to divide," &c. CAP. L. An Act to amend An Act respecting the Municipal [Assented to 19th May, 1860.] HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. The three hundred and seventy-seventh section of the fifty-fourth chapter of the Consolidated Statutes for Upper Canada, intituled: An Act respecting the Municipal Institutions of Upper Canada, is hereby repealed. 2. The following section shall be substituted for the repealed three hundred and seventy-seventh section of the said Act, and shall, in lieu thereof, be read as the three hundred and seventyseventh section of the said Act: "The Recorder's Court shall hold four Sessions in every year, and such Sessions shall commence on the second Monday in January, and on the first Monday in the months of April and July, and on the third Monday in the month of November." CAP. LI. An Act to amend the tenth sub-section of the ninth section of the fifty-fifth chapter of the Consolidated Statutes for Upper Canada, respecting the Assessment of Property in Upper Canada. [Assented to 19th May, 1860.] ER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. From and after the passing of this Act, the tenth subtion amended. section of the ninth section of the fifty-fifth chapter of the Consolidated Statutes for Upper Canada, shall be read and construed as if the words "or Horticultural," were inserted therein, after the word "Agricultural." САР. CAP. LII. An Act respecting the Application to Cities of certain provisions of the Assessment Act applicable also to Counties. [Assented to 19th May, 1860.] HER Majesty, by and with the advice and consent of the Preamble. residents, de 1. The several clauses and provisions contained in the Certain Assessment Act, relating to the lands of non-residents, and the clauses refunding of the taxes levied and raised therefrom, and the specting nonissuing of Debentures on the credit of the fund so created, clared to apand all other matters and things contained in the said Act ply to Cities relating to the said lands, of non-residents, applicable to the as well as several Counties and County Councils and Wardens of Counties in Upper Canada, have extended and applied, and do and shall extend and apply to all Cities and City Councils and Mayors of Cities in Upper Canada. CAP. LIII. An Act to diminish the number of licenses issued for [Assented to 19th May, 1860.] Counties. WHEREAS the number of Tavern Licenses is larger than Preamble. the necessities of the community require, and it is therefore expedient to reduce the same: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: granting a 1. From and after the passing of this Act, it shall not be Conditions lawful for any Municipal Council to grant or issue any tavern previous to license, unless upon petition praying for the same, signed by license. at least thirty of the resident Municipal Electors of the Municipality within which the same is to have effect; and no new license shall be granted, unless the same shall be for a tavern provided with such accommodations as are hereinafter prescribed; and the word tavern in this section shall be held to include any inn, alehouse, beerhouse, or other house or place of public entertainment, in which spirituous, fermented or other manufactured liquors are sold to be drunk on the premises. 2. From and after the passing of this Act, no Municipality Proportion of grant tavern licenses in a proportion greater than one for Taverns to shall every two hundred and fifty souls resident therein, as shown population. by Proviso. Accommoda tion for Travellers. Exception as to a certain number in Cities and Towns. Municipalities may im pose further conditions. Penalty for issuing li censes contra by the last census, or by a special enumeration taken by order of the Municipal Council concerned; Provided, that no Town incorporated by Act of Parliament shall be considered as having less than the number of inhabitants required by the Act respecting the Municipal Institutions of Upper Canada, to entitle a place to be incorporated as a Town. 3. Every tavern hereafter licensed shall contain, in addition to what may be needed for the use of the family of the tavernkeeper, not less than four bedrooms, with the suitable complement of bedding and furniture, and (except in Cities and Incorporated Towns) there shall also be attached to it proper stabling for at least six horses. 4. In cities and towns the Municipal Corporation may exempt a certain number of persons having, or entitled to have, a tavern license, from the necessity of having all the tavern accommodation required in the third section of this Act; that is to say: In cities, a number not exceeding six; In towns, a number not exceeding three. 5. This Act shall not be construed to prevent Municipal Councils from imposing additional terins and conditions, or making further regulations or further limiting the number of tavern licenses, or from passing any other By-laws under the two hundred and forty-sixth section of the Act respecting the Municipal Institutions of Upper Canada, provided such By-laws do not conflict with this Act. 6. Any officer of a Municipality, or person authorized to issue licenses by the Municipality, who issues a license conry to this Act. trary to the provisions of this Act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall pay a fine of not less than forty nor more than one hundred dollars, or may be imprisoned for a period not exceeding thirty days, or both, at the discretion of the Court. Act limited to Preamble. An Act to amend chapter forty-nine of the Consolidated Statutes for Upper Canada, respecting Joint Stock Road Companies. [Assented to 19th May, 1860.] WHEREAS it is just that Road Companies or Municipal Councils, allowing their roads to get out of repair, and not the free-holders complaining of such want of repair, should pay pay the expense of an official examination of any such road, under the Act hereinafter mentioned: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: of Con. Stat. 1. Whenever the County Engineer, or any other Engineer, Engineer acthas, under the provisions of the eighty-fifth section of chapter ing under sec. forty-nine of the Consolidated Statutes for Upper Canada, been 5 of cap. 49 directed by the Judge of the proper County Court, to examine U. C. to be any road, such County or other Engineer shall, before pro- sworn, &c. ceeding to make such examination, be sworn before such County Judge, or some Justice of the Peace for the County, carefully and impartially to examine into the state of such road, without favour or affection for either party; and such County Judge or Justice of the Peace shall grant a certificate that such Engineer has been so sworn before him, which certificate shall be evidence that such Engineer has been so sworn. whom to be 2. If, upon examining the road, the Engineer finds it to be in Costs of ungood repair, the costs attending the requisition to the County necessary exJudge, and the examination of the road, shall be paid by the amination by freeholders who made the requisition; but if, upon such paid. examination, the road is found so much out of repair as to impede or endanger Her Majesty's subjects and others travel- Proceedings if ling thereon, as stated in the requisition, then the Engineer the road is shall proceed in the manner directed by the said Act;---but at found to be out of repair. the expiration of the time limited for the repairing of the road in his written notice left with any of the keepers of toll-gates, as required by the said Act, the Engineer shall again examine the road, and if he finds the same repaired in a good and efficient manner to his satisfaction, he shall certify the same if required by the Directors of the Road Company or by the Municipal Council having the management of the Road ---but if he does not find it so repaired, he may, in his discretion, by a permission in writing, allow further time for repairing the same without discontinuing the taking of Tolls, as provided in the said Act; or if he does not think proper to grant such permission, or if having granted it, he does not find the road properly repaired at the expiration of time limited in such permission, then the provisions of the eighty-seventh and eighty-eighth Sections of the said Act shall apply, and the Company or Municipal Council (as the case may be) shall not demand or take any toll from any person travelling with or without any beast or vehicle, for passing through the nearest toll gate on or on either side of the portion or portions of road so notified as out of repair, under the penalty mentioned in the said eighty-eighth Section, until the Engineer has again examined the road, and certified it to be in good and efficient repair. found out of 3. If the Engineer, on his first examination of the road, If the road is finds it to be out of repair as aforesaid, the costs of the requisi- repair, costs tion to the County Judge, and of the visits and examination of to be paid by the the Company the Engineer, and all subsequent costs and expenses, shall be or Municipa- borne by the Company or Municipality bound to repair the lity. road, and shall be recoverable from such Company or Municipality, either by the Engineer or by the freeholders making the requisition to the County Judge, if they have paid the same to the Engineer; and such costs shall include a fair remuneration to the Engineer for his services, and all his necessary disbursements. Another En- 4. If the County Engineer, or the Engineer first appointed gineer may be by the County Judge becomes, from any cause, unable to make appointed in certain cases. or complete the examination, or to do or complete any proceeding required of him by this Act or the Act above cited, in relation to such requisition as aforesaid, then the Judge of the proper County Court, being satisfied thereof, may, upon the application of any of the parties interested, appoint some other Engineer to make or complete such examination, or do or complete such proceeding, act or thing, as effectually to all intents and purposes as the County Engineer or the Engineer first appointed might have done, and the costs and disbursements of the Engineer so appointed may be recovered in like manner. Formation of 5. Any number of persons, not less than five, may form themCompanies for selves into a Company for the purpose of purchasing any purchasing roads. Conditions of incorporation. Amount of planked, inacadamized or gravelled road, not less than two miles in length, constructed by any Company in, along or over any public road or highway or allowance for road, or on, along or over any other land, and also any bridges, piers, or wharves connected therewith constructed by any Company. 6. No Company shall be incorporated under this Act 1. Until the Stockholders have subscribed for Stock in subscription. amount sufficient in their judgment to purchase the whole of the work or works for the purchase of which the Company is formed; Declaration in 2. Nor until they have executed an instrument to the purport of the form A, annexed to the said Act, with the necessary alte quired by the ration in the statement of the purpose of the Company and with the addition of references to the provisions of this Act; said Act. Stock sub scribed. Payment on 3. Nor until the Company, or some one of their number, or account of the the Directors named in the said instrument, have paid to the Treasurer of the Company six per cent upon the amount of the Capital Stock mentioned in such instrument, and have registered such instrument, with a receipt from the Treasurer Registration of declaration of the Company for such payment or instalment, by leaving the and receipt for original instrument and receipt with the Registrar of any one Stock paid. County in which such road or other work connected there with is wholly or partly situated. |