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11° VICTORIÆ, CAP. 48. 1529 constituting their qualification to vote shall be situated, and not elsewhere; and if any property such person shall be possessed of property entitling him to vote in two or more Wards, them is situhe shall be entitled to vote in that Ward only in which he may reside.

XVI. And be it enacted, That the Town Council shall, at least one week before the annual Ward election, appoint under their seal a Returning Officer for each of the said Wards, whose duty it shall be to hold the election therein, beginning at nine o'clock in the forenoon, and continuing not later than four o'clock in the afternoon; and who shall give five days previous notice by written or printed placards, in at least six different public places in his said Ward, of the place where such election is to be held; and the said Returning Officer previous to the day of election, shall be sworn by the Mayor or any one of the Councilmen well and faithfully to hold the said election and to determine the election of Councilmen.

which qualifies

ate.

A Returning appointed for each Ward.

Officer to be

and powers.

XVII. And be it enacted, That the Returning Officers, and each of them, appointed Their duty under the authority of this Act, during the time of holding the election, shall have full power to keep the peace at such elections, and for that purpose to call upon all Constables and others to assist in quelling and stopping any disturbance, breach of the peace, or interruption of the proceedings at such elections; and to commit to the Common Jail of the said District of London on view, any person or persons guilty of, or assisting in such disturbances, breach of the peace or interruption, for a space of time not less than six hours, nor more than three days, and the Sheriff and Jailer of the said London District are hereby required to receive and keep all and every such person or persons until duly discharged.

When the Mayor and Councilmen shall be elect

ed.

Proceeding at such elections.

XVIII. And be it enacted, That the Mayor and Councilmen shall be chosen in each of the said Wards annually on the second Tuesday in January, and by the qualified voters, who shall assemble for the purpose; and the name of each elector voting at such election shall be written in a Poll list, to be kept at such election by the Returning Officer or his Clerk, and at the final close of the poll the Returning Officer shall publicly declare the number of votes given for each candidate, and shall also declare those candidates for the office of Councilman, having the majority of votes in their favor to be duly elected Councilmen, as the case may be, and in case of an equality of votes for two or more such candidates at the close of the poll, it shall be lawful for the Returning Officer, and he is hereby required whether otherwise qualified or not, to give a casting vote for one of the persons having such equality of votes, and so determine the election of Councilman; and the Poll list of the election of Mayor and Councilmen so kept, shall by three o'clock in the afternoon of the day after such election be delivered by the Returning Officer with his return thereon to the Town Clerk or Acting Town Clerk, who shall thereupon publicly declare the number of votes given for each candidate for the office of Mayor, at each of the polling places, and shall also declare the person having the majority of votes in his favor, to be duly elected Mayor, and in case of an equality of votes, the person having such equality of votes, who is Case of equalirated highest in the Assessment Roll of the said Town for the previous year, shall be declared duly elected Mayor; Provided always, that no Returning Officer, (except as aforesaid) or his Clerk shall vote at any such election.

XIX. And be it enacted, That the Returning Officer at any election under this Act, shall have authority, and he is hereby required at the request of any person qualified to

ty of votes.

Proviso. ficer to admi

Returning Of

nister oath to voters and candidates.

The oath.

False swearing to be perjury.

Mayor and
Councillors

take oath of of
fice and quali-

fication.

The oath.

Mayor to preside at all meetings of Town Council.

vote at such election, to examine on oath or affirmation (when the party is allowed by law to affirm) any candidate for the office of Mayor or Councilman respecting his qualification to be elected to the said office; and shall also have authority and is hereby required upon such request as aforesaid, to examine upon oath or affirmation, as aforesaid, any person tendering his vote at any election, respecting his right to vote, and that the oath to be administered for either of the said purposes shall and may be in the following form:

"You shall true answer make to all such questions as the Returning Officer at this "election shall put to you respecting your qualification to be elected at this election, (or respecting your qualification to vote at this election, as the case may be): So help you God."

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XX. And be it enacted, That if any person being examined upon oath or affirmation under this Act, in regard to his qualification to vote, or be elected, shall wilfully forswear himself, he shall be guilty of wilful and corrupt perjury, and on conviction thereof, he shall suffer as in other cases of wilful and corrupt perjury.

XXI. And be it enacted, That no person elected Mayor or Town Councillor, as aforesaid, shall be capable of acting as such until he shall have taken and subscribed before some one of Her Majesty's Justices of the Peace in and for the London District, (each and any of whom are hereby empowered to administer the said oaths) the oaths of allegiance to Her Majesty, Her Heirs and Successors, if required so to do, and shall also have lodged with the Town Clerk or Acting Clerk, within three days after the election, an affidavit in the words or to the effect following, that is to say:

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" I, A. B., having been elected Mayor, (or a Councilman, in the Town Council, as "the case may be) of the Town of London, do hereby solemnly swear (or affirm) that " I shall faithfully fulfil the duties of the said office, according to the best of my judg" ment and ability; that I have been resident in the said Town of London for two years " next previous to the day of my election, as such Mayor (or Councilman) that I have " been assessed in the Assessment Roll of the said Town for the year next previous to my election, to the amount of three hundred (or one hundred) pounds; that such " assessment is just, actual and in good faith, and that I did not fraudulently or collu" sively obtain the same for the purpose of qualifying me to be elected as aforesaid, and " that I have paid the taxes in respect of such assessment, and that I am seized in fee " of lands and real estate in the said Town at the value of three hundred (or one "hundred) pounds over and above all encumbrances (or that I hold by lease for a term " of years the property in respect of which such assessment is made): So help me "God."

XXII. And be it enacted, That the Mayor shall preside at all meetings of the Town Council, (unless when the Council for the convenience of discussion, shall resolve itself temporarily into a Committee of the whole,) and on all questions in Council the said Mayor or presiding Councilman shall not be entitled to vote, unless in case the votes he shall vote of the remainder of the Council shall be equally divided, when he may give a casting vote, and determine the question.

In what cases

XXIII. And be it enacted, That a majority of the members of the Council, including Quorum. the Mayor or presiding Councilman, shall compose a quorum for the despatch of business; and that in case of the absence of the Mayor, the assembled Councilmen shall choose one of their number to be their Chairman; Provided always, that a smaller Proviso. number may adjourn from time to time and may be authorized to compel the attendance of absent members, in such manner and under such penalties as may be provided for by a By-law of the Council; and provided also, that no such quorum shall be constituted Proviso. without the presence of at least four Councilmen.

and where to

XXIV. And be it enacted, That the said Town Council shall assemble at the least Meetings of twice in each month for the transaction of the business of the Town, and shall hold Council when their sittings in the Town Hall, or such other public place as they may by regulation be held. establish, and it shall be lawful for the Mayor to call special meetings whenever urgent business may require.

XXV. And be it enacted, That the said Mayor and Town Council of the Town of Power to London shall have full power and authority from time to time to make, revive, alter Council to and amend, administer and enforce, such By-laws as they may deem proper for gravel- for certain ling, flagging, pitching, levelling, raising, repairing, mending, lighting, macadamizing purposes. and cleaning any of the streets, squares, alleys, lanes, walks, side-walks, cross-walks, public places. roads, highways, bridges and sewers now laid out or erected, or that may hereafter be laid out or erected, within the limits of the said Town, and to prevent and regulate the running at large of dogs, and to impose a reasonable tax upon the owners or pos- Dogs. sessors thereof; to regulate or prevent the encumbering or injuring of the streets, Highways and squares, lanes, walks, side-walks, cross-walks, roads, highways, bridges, with any wheel- public places. barrows, carts, carriages, lumber, stone or other materials whatsoever; to prevent the selling or vending by retail in the public highways any meat, vegetables, fruit, cider, beer, or other beverage whatsoever; to prevent the sale of any strong or intoxicating Sale of lidrink to any child or apprentice, or servant, without the consent of his legal protector; quors to to prevent the immoderate riding or driving of horses or other cattle in any of the pub- Immoderate lic highways of the said Town; to prevent the leading, riding or driving of horses or driving, &c. other cattle upon the side-walks of the streets or other improper places; to prevent or regulate bathing or swimming in the River Thames, or any part or branch thereof, Bathing. or any stream or water within or in front of the limits of the said Town; to suppress Tippling houtippling houses, and restrain persons from keeping the same; to enforce the due obser- Sabbath. vance of the Sabbath; to prevent the excessive beating or other inhuman treatment of Cruelty to anihorses, cattle or other beasts, on the public highways of the said Town; to regulate or mals. suppress all public billiard-tables, roulette-tables, horse-racing, as well as any species Gambling. of gambling and gambling apparatus whatsoever; and to regulate and license all Theatres and theatres kept for profit, and persons exhibiting for gain and profit any wild beasts, puppet shows, wire-dance, circus-riding, or any other idle acts or feats which common showmen, circus-riders, or mountebanks or jugglers usually practise or perform, and to limit the number, and to provide for the purpose of licensing the same; to regulate and pre- Fire arms and vent the firing of guns, pistols, and other fire arms, and to prevent the firing of squibs and crackers; to regulate or prevent the erection of slaughter-houses or tanneries; to Nuisances. abate or cause to be removed any nuisances within the limits of the said Town; to re- Houses of engulate victualling houses and all other houses where fruit, oysters, or victuals may be tertainment. sold to be eaten or drank therein, and all other places for the reception of the public, and to limit the number of them, and to provide for the proper licensing of them at

make By-laws

Highways and

chil

ses.

shows.

fire-works.

measuring.

Hucksters.

measuring.

Markets.

Proviso as to fees.

Party walls.
Improvement

of the Town.
Chimnies.

Precaution

for the prevention or extinfires.

bas

such rates as to the said Corporation may seem expedient, the proceeds of such licenses, (except tavern licenses so long as the duties thereon shall be payable into the general revenues of the Province,) to form part of the public funds of the said Town, and to be disposed of in such manner as to the said Corporation may seem meet for the benefit of the said Town, any usage or law of this Province to the contrary notwithWeighing and standing; to regulate the place and manner of selling, counting, weighing and measuring of all cordwood, lumber, shingles, grain, hay, straw, and all kinds of produce, and pickled and other fish; to restrain and regulate the purchase of butchers' meat and fish Weighing and by persons called runners and hucksters; to regulate the weighing and measuring of coal, cordwood and other fuel, salt and lime exposed for sale in any part of the Town; Sale of Bread. to regulate the sale of bread by weight, and to provide for the seizure and forfeiture of bread baked contrary thereto; to regulate the vending of meat, vegetables and fruit, and all country produce; to regulate the present markets or any other markets that may be hereafter erected in the said Town, and to enforce the selling of all the produce and saleable articles aforesaid thereat, and to impose and collect reasonable tolls and market fees thereon: Provided always, that such tolls or market fees shall not exceed three pence for a wagon drawn by two horses or other beasts, two pence for a cart or wagon drawn by one horse or other beast, and a penny for a wheelbarrow, ket or other receptacle; to regulate and enforce the erection of party walls; to provide for the permanent improvement of the said Town in all matters whatsoever, as well ornamental as useful; to regulate the dimensions of chimnies hereafter to be built, as regards height and thickness, and to regulate one or more Fire and Hook and Ladder Companies; to regulate and require the safe construction of deposits for ashes; guishment of and to regulate the manner of depositing and keeping ashes at the time they are taken from the fire-places and stoves; to regulate, remove or prevent the construction or erection of any fire-place, hearth or chimney, stove, stove pipe, oven, boiler, kettle or apparatus, used in any house building or manufactory or business which may be dangerous in causing or promoting fires; to regulate the keeping and transporting of gunpowder or other combustible or dangerous materials, and the use of light and candles in livery and other stables; to regulate or prevent the carrying on of manufactories dangerous in causing or promoting fires; to regulate the conduct of inhabitants at fires; to provide for the keeping of fire-buckets, ladders and fire-hooks; and making them a part of the real property to which they are attached; to erect, preserve and regulate public cisterns and other conveniences for the stopping or preventing fires; to provide for the preservation of property exposed at fires, and to prevent goods and other effects from being purloined thereat; to adopt and establish all such other regulations for the preservation from and suppression of fires, and the pulling down of adjacent houses for such purposes as they may deem necessary to provide for the security of the public and of the property of the said Town; to establish and regulate a TownTown officers watch, and prescribe the powers of watchmen; to license and appoint by warrant under the common seal of the said Town, or otherwise, such and so many inferior officers other than those mentioned in this Act, as shall from time to time be found necessary or convenient to enforce and execute such By-laws and regulations as may be hereafter made by the said Corporation, and to displace all or any of them as often as the said Corporation of the said Town shall think fit; to regulate the management and provide for the security of the public property of the said Town; to establish or regulate one or more pounds; to direct the returning of bills of mortality, and to impose penalties on Physicians, sextons and others for default in the premises; to regulate the Police of the Town; to preserve the wells, pumps and cisterns, and to provide for the supply

Town watch.

Property of the Town. Pounds.

Bills of mor tality. Water.

of

cers.

I axes limited.

of good and wholesome water for the said Town, and to prevent the waste of water; to regulate the bonds, recognizances and other securities to be given by the Municipal Bonds. Officers for the faithful discharge of their duties, and the amount for which the same shall be taken; to inflict reasonable penalties and fines for the refusing to serve in any Municipal offiMunicipal office when duly elected or appointed thereto, and for the infringement of any and every law of the said Town; to regulate the time and place of holding elec- Elections. tions for such Municipal Officers as are elective; to impose and provide for the raising, Taxes. levying and collecting annually for the use of the said Town, by a tax on the real and personal property in the said Town, a sum of money the better to enable them to carry into effect fully the powers hereby invested in them; provided that such tax on real Proviso: property shall not exceed in one year one penny in the pound upon the assessed value of real property lying and being within the limits of the said Town, and three pence in the pound upon the assessed value of personal property, according to the value as hereinafter provided; and to impose a duty or duties, by a By-law or By-laws, on all hucksters, livery-stable keepers or carters, within the said Town; on all ball-alleys or other means of gambling within the said Town; and to assess the proprietors of real property for such sum or sums as may at any time be necessary to defray the expenses of making or repairing any common sewer in any public street or highway within the said Town, and immediately in front of such real property respectively; and to regulate the mode in which such assessment shall be collected and paid, and to make a Bylaw or By-laws for assessing the inhabitants residing in any particular street, or lane, square or section of the Town, in any sum or sums necessary to meet the expenses of sweeping and watering the said street, lane, square or section of the said Town, provided Proviso.

Duties on cer

tain callings

Assessments

for local purpo

ses.

- that not less than two thirds of the said inhabitants residing as aforesaid in such street, lane, square or section, shall have first prayed or demanded to have the same swept or watered: And provided also, that the said assessment shall in no case exceed the Proviso. amount of one farthing in the pound; and generally to make all such laws as may be General provinecessary and proper for carrying into execution the powers hereby vested or hereafter sion. to be vested in the said Corporation, or in any department or office thereof, for the peace, welfare, safety and good government of the said Town, as they may from time to time deem expedient, such laws not being repugnant to this Act or the general laws of this Province; provided always, that no person shall be subject to be fined more than Proviso: -five pounds for the breach of any By-law or Regulation of the said Town, and in default Penalties and of payment of such fine, and of a sufficient distress being found for collection thereof, limited. to be imprisoned in the Common Jail of the said London District for a period of not more than thirty days.

Imprisonment

ed.

XXVI. And be it enacted, That there shall be appointed at the first General Meet- Two Auditors ing of the said Town Council in each year, two persons to be and be called Town to be appointAuditors, one of whom shall be appointed by the Mayor of the said Town, and the other elected by the Council: Provided always, that no person shall be appointed or Proviso. elected Auditor who shall be a Member of the Council, or the Clerk or Treasurer, nor any person who shall have directly or indirectly, by himself or in conjunction with any other person, any share or interest in any contract or employment with, by or on behalf of the said Council; and provided also, that no person appointed or elected an Proviso. Auditor for the Town shall be capable of acting as such, unless he shall have previously made and subscribed before any of the Councilmen (who are hereby authorized to administer the same) an oath in the words or to the effect following, that is to say:

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