Page images
PDF
EPUB

the township municipalities to make by-laws for any of the following purposes, viz. :

Township By-laws.

1. For the purchase and acquirement of all such real and personal property within the township as may be required for the use of the in. habitants thereof as a corporation, and for the sale and disposal of the same when no longer required.

2. For the erection, security, preservation, improvement or repair of a Town Hall, and of all other houses and buildings required by or being upon any land acquired by or belonging to such township as a corpora.

tion.

3. For the purchase and acquirement of such real property as may be required for common school purposes, for building common school houses, and for the sale and disposal of the same when no longer re. quired, and providing for the establishment and support of common schools according to law.

4. For the erection and establishment of one or more public pounds in such township, and settling the fees to be taken by pound-keepers. 5. For the appointment, under the corporate seal of such township, of a sufficient number of pound-keepers, fence-viewers, overseers of highways, road surveyors, and of such and so many other officers as may be necessary for carrying into effect any of the provisions of this act, or of any other act of the legislature of this province, or of the late province of Upper Canada, or of any by-law or by-laws of the municipality of such township; and in like manner to displace all or any of them and appoint others in their room, and to add to or diminish the number of them or any of them as often as the said corporation shall see fit.

6. For regulating and prescribing the duties of all officers acting under the authority of the corporation of such township, and the penalties on their making default in the performance of such duties.

7. For settling the remuneration of all township officers in all cases where the same is not or shall not be settled by act of the legislature, and for providing for the payment of the remuneration by such act of the legislature, or by the by-laws of the said municipality provided and appointed for all township officers whatsoever.

8. For regulating the bonds, recognizances or other securities to be given by all township officers for the faithful discharge of their duties; for inflicting reasonable penalties for refusing to serve in any township office, and for the infringement of any and every by-law of the munici pality of the township.

9. For the erection, construction or repair of such drains and watercourses as the interests of the inhabitants of such township shall in the opinion of the municipality require to be so erected, constructed or re. paired at the public expense of such township.

10. For the opening, constructing, making, levelling, pitching, raising, lowering, gravelling, macadamizing, planking, repairing, planting, improving, preserving and maintaining of any new or existing highway, road, street, side-walk, crossing, alley, lane, bridge or other communi

cation within such township, and for the stopping up, pulling down, widening, altering, changing or diverting of any such highway, road, street, side-walk, crossing, alley, lane, bridge, or other coinmunication within the same: Provided always, nevertheless, that no such new, widened, altered, changed or diverted highway, road, street, side-walk, crossing, alley, lane, bridge or other communication, shall be laid out so as to run through or encroach upon any dwelling house, barn, stable, or outhouse, or any orchard, garden, yard or pleasure ground, without the consent in writing of the owner thereof.

11. For providing, that on each side of any highway, which shall pass through a wood, the timber shall be cut down for a space not exceeding twenty-five feet on each side of such highway, by the proprietor of the land on which such timber shall be, or in his default by the overseer of highways or other officer in whose division such land shall lie; such timber to be removed by the proprietor within a time to be appointed by the by-law, or in his default by such overseer of highways or other officer, in which last mentioned case it may be used by the overseer or other officer as aforesaid, for any purpose connected with the improvement of the highways and bridges in his division, or sold by him to defray the expenses incurred in carrying the by-law into effect: Provided always, that no such by-law shall authorize or compel the cutting down of any orchard or shrubbery, or of any trees planted expresssly for ornament or shelter.

12. For the protection and preservation of any timber, stone, sand or gravel, growing or being upon any allowance or any appropriation for any public road or roads within such township, and for the sale of any timber growing or being upon any road allowance, if thought proper, by the council.

13. For regulating the driving and riding on or over any bridge erected or to be erected within such township.

14. For regulating inns, taverns, ale-houses, victualling houses, ordinaries, and all houses where fruit, oysters, clams, victuals or spirituous liquors, or any other manufactured beverage may be sold, to be eaten or drunk therein, and all other places for the reception and entertain. ment of the public within the jurisdiction of the corporation of such township, and to limit the number of them, and in all cases when there exists no other provision by law for the licensing of such houses, to provide for the proper licensing of the same, at such rates as to the cor. poration of such township may seem expedient; the proceeds of such license, in cases not otherwise appropriated by law, to form part of the public funds of such township, and to be disposed of as the said cor. poration may consider advisable.

15. For making regulations as to pits, precipices, and deep waters, or other places dangerous to travellers.

16. For granting money to the municipal council of the county in which such township shall be situate, or to that of any adjoining county, to aid in the making, opening, building, maintaining, widening or improving any highway, road, street, bridge or communication lying between such township and any other township in the same or any

adjoining county, or in the making, opening, building, maintaining, widening or improving any highway, road, street, bridge or communication within such township, assumed by the municipal council of the county as a county work, or agreed to be assumed by such municipal council on the condition of such grant.

17. For regulating the manner of granting to associated joint stock road or bridge companies, [to which opposition has been made in accordance with the provisions of the act passed in the present session, intituled "An act to authorize the formation of joint stock companies for the construction of roads and other works in Upper Canada" permission to proceed] with any roads or bridges within the jurisdiction of such municipality, and the manner of afterwards ascertaining and declaring according to law the completion of the works undertaken by such companies respectively, so as to entitle such incorporated companies to levy tolls upon such works, and of all examinations, enquiries and investigations necessary for the proper, efficient and judicious exercise of such power.

18. For taking stock in or lending money to any incorporated road or bridge company to which such municipality shall have granted a license to proceed with such work in accordance with the requirements of the statute in that behalf, or in or to any other such incorporated road or bridge company, in whose road or bridge the inhabitants within the jurisdiction of such municipality shall, in the opinion of such municipality, be sufficiently interested to warrant them in taking such stock or lending such money for the advancement of such enterprize. All dividends, interest and proceeds to arise or be received from such stock or loan, being at all times applicable to the general purposes of such municipality, and to go in reduction of the rates required to be levied for such purposes.

19. For restraining and regulating the running at large of horses, cattle, sheep, goats, swine and other animals, geese, turkeys and other poultry, and to impound or provide for the impounding of the same, and for fixing the periods of the year during which such animals or poultry shall be permitted to run at large, and those during which they shall be restrained from doing so.

20. For imposing a tax on the owners, possessors or harbourers of dogs; for regulating the manner in which such dogs may be allowed to run at large, or for preventing such dogs from being allowed to run at large at improper times, and for killing and destroying such as are found running at large contrary to such by-law.

21. For the destroying or suppressing the growth of weeds detri mental to good husbandry.

22. For preventing, restraining or regulating exhibitions of wax fig. ures, wild animals, puppet shows, wire-dancing, circus riding, and other idle acts or feats which common showmen, circus-riders, mountebanks or jugglers usually exhibit, practise or perform, and requiring the payment of a sum not exceeding five pounds to the township treasurer, before any and every such exhibition shall be allowed to be held or to take place; for imposing a fine upon the proprietors or persons in

charge of such exhibition, in case they shall exhibit without such payment, and for the levying thereof by summary distress to be levied upon the goods and chattels of such showmen, or belonging to such exhibition, whether the owners shall be known or not, or for the imprisonment of the parties offending, for any time not exceeding one calendar month, and for the appropriation of such sums as may be received or recovered under any regulation or by-law to be passed for that purpose. 23. For appraising the damages to be paid by the owners of horses, cattle and other animals trespassing, contrary to the by-laws or regulations of such township.

24. For causing such horses, cattle or other animals as shall be impounded to be sold, in case the same are not claimed within a reasonable time, or in case the damages, fines and expenses shall not be paid according to such by-laws or regulations.

25. For settling the height and description of lawful fences.

26. For procuring, in case the same hath not been already done, the ascertaining and establishment by public authority according to law, of the boundary lines of such township, and providing for the periodical inspection and preservation of the durable monuments by law required to be erected for evidencing the same, and for procuring the necessary estimates, and making the necessary application for the same according to law.

27. For empowering the landholders in such township, to compound for the statute labour by them respectively performable, for any term not exceeding five years, at any rate not exceeding two shillings and Sixpence for each day's labour, and at any time before the labour compounded for ought to be performed, and by any such regulations to direct to what officer in each township such composition money shall be paid, and how such money shall be applied and accounted for, and to regulate the manner and the divisions in which the statute labour shall be performed.

28. For enforcing the performance of statute or road labour, or pay. ment of a commutation in money therefor.

29. For the imposing and collecting by distress and sale of the goods and chattels of the offender or offenders, reasonable penalties and fines, not exceeding in any case five pounds currency, and reasonable punishment [by imprisonment either in any lock-up-house in any town or vil lage, situate within the township, or in the county gaol, or house of correction for any period] not exceeding twenty days, for the breach of all or any of the by-laws or regulations of such municipality.

30. For borrowing, under the restriction, and upon the security here. inafter mentioned, all such sums of money as shall or may be necessary for the executing of any township public work, within their jurisdiction, and the scope of the authority by this act conferred upon them.

31. For raising, levying, collecting, and appropriating such moneys as may be required for all or any of the purposes aforesaid, either by way of tolls to be paid on any township bridge, road, or other township work, to defray the expense of making, repairing or maintaining the same, or by means of a rate or rates to be assessed equally on the

whole ratable property of such township, liable to assessment according to any law which shall be in force in Upper Canada concerning rates and assessments.

32. For making such other local regulations, not contrary to any law of this province, or to any by-law of the municipal council of the county within which such township shall lie, and which shall by law extend to, and be in force within such township, as the good of the inhabitants of such township may in their opinion require.

33. For the repeal, alteration or amendment, from time to time, of all or any of such by-laws, and the making others in lieu thereof, as to them may seem expedient for the good of the inhabitants of such township.

By 13 & 14 Vic. c. 64, § 8, after reciting that provision was made by the 3rd section of the 12 V. c. 81, for the union of townships having less than one hundred resident freeholders and householders to any adjacent township having that number, but not for the union of several townships having each less than such prescribed number, but which, if formed into a union, would together have more than such prescribed number, and that in newly settled parts the want of such provision was found to occasion great inconvenience, it is enacted, that it should be lawful for the municipal council of any county or union of counties, to be passed before the 31st December, 1850, to dissolve any unions of townships formed or to be formed under the said 3rd section, and if deemed expedient to form such other unions of the townships within such counties or unions of counties as they might think most convenient for the accommodation of such townships: Provided 1. That in forming such unions it should be lawful only to attach together any two or more townships lying within the same county, but not if in different counties; 2. That the townships so to be united should together have not less than one hundred freeholders and householders on the collector's roll for the last year; 3. That such by-law shall designate the order of seniority of such townships, unless special reason to the contrary.

TOWNSHIP COUNCILLORS.

See titles "Townships" and "Villages."

TOWNSHIP OFFICERS.

By the General Municipal Act, 12 Vic. c. 81, § 31, the municipality of each township is empowered to make by-laws for (amongst other things) the appointment under the corporate seal of a sufficient number of pound-keepers, fence viewers, overseers of highways, road surveyors, and such other officers as may be necessary for carrying this act into effect, with power

« EelmineJätka »