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.)

66

(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.)

(ƒ) 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, terles. 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)

portions

4. For selling or leasing portions of such land for the pur- For selling pose of interment in family vaults or otherwise, and for thereof on 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. (1)

(h) See sec. 258 and notes thereto.

(1) 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.

Tax on dogs.

Killing dogs.

Height of fences.

Of division fences.

Destruction of weeds.

DOGS.

6. For imposing a tax on the owners, possessors or harborers of dogs. (m)

7. For killing dogs running at large, contrary to the bylaws. (n)

FENCES.

8. For settling the height and description of lawful fences. (0)

DIVISION FENCES.

9. For regulating the height, extent and description of lawful division fences; and for determining how the cost thereof shall be apportioned; and for directing that any amount so apportioned shall be recovered in the same manner as penalties not otherwise provided for may be recovered under this Act; provided that until the by-laws are made, the statute eighth Victoria, chapter twenty, shall continue applicable to the Municipality. (p)

WEEDS.

10. For preventing the growth of weeds detrimental to good husbandry. (2)

(m) The common belief is that only the owners of dogs are taxable for them. It is here enacted that not only the owner, but the possessor or harborer may be taxed.

(n) The power is to authorize the killing of dogs. No provision is made as to the mode of killing. Poisoning as much as shooting is lawful. The authority to kill of course exists only when the dog is found running at large contrary to the By-laws."

(0) The power is to settle, that is. to determine by some general regulation the height and description of fences, whether division

fences or not.

(p) So much of sec. 1 of 8 Vic. cap. 20, as vested the appointment of fence viewers in the inhabitant freeholders and householders, at annual meetings, was repealed by 12 Vic. cap. 80, div. 2, No. 47; and by 12 Vic. cap. 81, sec. 31, subsec. 5, the appointment of fence viewers was vested in Township Councils. Under the act here anno

tated, the appointment may be made by the Council of a County, Township, City, Town, or Incorporated Village. (Sec. 242.) So much also of sec. 3 of 8 Vic. cap. 20 as limits the value of fences is repealed, and the amount is to be determined by the fence viewers. (18 Vic. cap. 137.)

(9) All weeds are more or less detrimental to good husbandry. It is well, however, to observe that this subsection is in terms confined to "weeds detrimental to good husbandry." The power is to prevent their growth.

EXHIBITIONS, SHOWS, ETC.

11. For preventing or regulating or licensing exhibitions of Licensing wax work, menageries, circus-riding and other such like shows public shows usually exhibited by showmen, and for requiring the payment of license fees for authorizing the same, not exceeding one hundred dollars for every such license, and for imposing fines upon persons infringing such by-laws, and for levying the same by distress and sale of the goods and chattels of such showman or belonging to or used in such exhibition, whether owned by such showman or not, or for the imprisonment of such offenders for any term not exceeding one calendar month. (r)

GRAVES.

12. For preventing the violation of cemeteries, graves, Protecting tombs, tombstones or vaults, where the dead are interred. (s)

INJURIES TO PRIVATE PROPERTY AND NOTICES.

graves.

13. For preventing the injuring or destroying of trees Ornamental planted or preserved for shade or ornament. ()

trees.

14. For preventing the pulling down or defacing of sign- Signs. boards, and of printed or written notices. (u)

(7) There is authority given as well to prevent as to regulate and license shows. The maximum license fee of $100 is much larger than was required under the old law. The regulations, &c., will of course be by by-law. Persons infringing the by-laws are made liable to fine, and the fine is to be levied by distress and sale of the goods and chattels of the showman, or belonging to or used in the exhibition, whether owned by the showman or not. Power to imprison for any term not exceeding one calendar month is also given. But this power, it is apprehended, can only be exercised in default of payment of the fine and of goods and chattels liable to be levied for the same. (See sec. 242, subsec. 8.)

(8) Riotously and tumultuously to demolish, pull down or destroy, or to begin to demolish, pull down or destroy, any church, chapel or meeting house, is felony. (4 & 5 Vic. cap. 26, sec. 6.)

(1) If any person unlawfully and maliciously breaks, barks, roots up or otherwise destroys or damages the whole or any part of any tree, sapling or shrub, or any underwood respectively growing in any park, pleasure ground, garden, orchard or avenue, or in any ground adjoining or belonging to any dwelling house, the offender, &c., is guilty of misdemeanor. (4 & 5 Vic. cap. 26, sec. 19.) So if the offence is of a tree, &c., growing elsewhere than in any of the above situations, in case the amount of the injury done exceeds one pound. (Ib.)

(u) This is not a criminal offence, that is, not punishable as a misdemeanor.

Tavern
keepers to
exhibit no-

licensed.

249.-Every person who keeps a Tavern or other house or place of public entertainment, and has a Tavern License, tice of being shall exhibit over the door of such Tavern, House or place, in large letters, the words "Licensed to sell Wine, Beer and other Spirituous or Fermented Liquors," under a penalty in default of so doing of one dollar, recoverable with costs before any Justice of the Peace upon the oath of one credible witness; (g) one half of which penalty shall go to the Informer and the other half to the Municipality. (h)

Shop licenses

not to autho

consumed in

250.-No licensed Shop-keeper, or other person having a rize sale of Shop License, shall allow any Liquors sold by him and for liquors to be the sale of which a license is required, to be consumed within his Shop, or within the building of which such Shop is a part, either by the purchaser thereof or by any other person not usually resident within such building. (i)

the house.

Penalties
recoverable
before two

the Peace.

251.-All prosecutions for penalties incurred by persons vending Wine, Rum, Brandy or other Spirituous Liquors, Justices of Beer, Ale, Cider or other fermented or manufactured Liquors without License, (j) shall be recoverable with costs before any two or more Justices of the Peace having jurisdiction in the Municipality in which the offence is committed () upon the oath of one credible witness, one half of which penalty

house was at one time doubted. To remove the doubt stat. 2 Geo. IV. cap. 8, 1st ses., was passed, and this section is a reenactment of it.

(9) This section contains a duty, and a penalty for neglect of it. The duty is to exhibit over the door of every tavern, &c., licensed, the words mentioned; the penalty for neglect of it is one dollar.

(h) It is presumed that when not expressly excluded, an informer would be "a credible witness," within the meaning of the section. (See 16 Vic. cap. 19.)

(i) Taverns and shops each require licenses for the sale of spirituous liquors. The difference between them, independently of quantity, is, that while a tavern license confers a right to sell liquors to be consumed within the house, the shop license confers no such right.

(j) No distinction is made between spirituous liquors and fermented or manufactured liquors. Among the former are classed, as examples, wine, rum and brandy. Among the latter, beer, ale and cider.

(k) The penalties are recoverable before two justices of the peace, that is, two at least are required to try and convict. Notwithstanding, it is apprehended that one justice may receive the information, grant a summons or warrant to compel the attendance of witnesses, and do all other acts and matters that may be necessary preliminary to the hearing. (See 16 Vic. cap. 178, sec. 25.) It is a question, whether a police or stipendiary magistrate, who ordinarily is entitled to do whatever is required to be done by two or more justices, can act alone under this section. (Ib. ss. 11 and 28.)