Full text of "Bills, 1900, No.70-266"

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'"'■'"■^ BILL. ^''''-

An Act to consolidate the floating debt of the Town-
ship of Anderdon.

WHEREAS the municipal corporation of the township of Preamble
Anderdon has by its petition represented that the said
corporation has not for several years been raising suflBcient
moneys to meet its liabilities ; that in the year 1894ajudg-
5 mont was obtained against the township for damages caused
by a defective highway which with costs amounted to SI, 500
or thereabouts ; that during the past two \ ears the township
has been in litigation with its tax collector and treasurer in
respect of alleged deficiencies costing the township so far

10 about $2,000, which was not anticipated nor provided for m
the estimates for 1899 and the levy of taxes for that year is
not sufficient after paying off the said costs to meet the general
expenses of the township : that the township is indebted to the
Merchants Bank at Win Isor in the sum of $5,000, the balance

15 of a loan made to the township which has been carriecl for some
years, and is also indebted to a private individual for money
borrowed by the township from him in the sim of $630 ; that
after collection of the rates on the 1899 roll the township will
still owe $6,000 in respect of its floating indebtedness for pay-

20 ment of which no provision has been male and the township
has no funds or assets applicable t) the payment thereof ; that
the main deficiency commenced about 1893 when debentures
given for a bonus to the Canada Southern Railway matured,
and owing to the sinking fund levied therefor having been

25 used for general township purposes there was a shortage which
the township met by borrowing from the bank ; that many
expensive drains have been constructed in the township from
time to time and assessments therefor have been and are still
being levied from year to year on the lands benefited, affecting

30 most of the lands in the township ; that in some of the school
sections in the township tlie rates for school purposes have
been and are very high ; that the River Canard and its branches
traverse the township for several miles, crosing the highways
in many places, and there are also other smaller streams and

35 large drains which require large and expensive bridges, at the
crossing of highways there are twenty-two large bridges a
hundred feet and upward in width besides a number of smaller
ones which are expensive and burdensome to the township ;
that extensive repairs must be made at once to many of the

40 bridges in order to insure the safety of the travelling public ;

that the levying of the floating debt will be unduly oppressive
to the ratepayers unless it can be spread over a number of
years ; and whereas the said corporation has by its said peti-
tion prayed that an act may be passed by the Legislative
Assembly consolidating the floating debt of the said township 5
and authorizing the township to borrow sufficient to defray
such debt and to issue the debentures of the township in ten
equal annual instalments to cover principal and interest ; and
whereas it is expedient to grant the prayer of thesaid petition.

Therefore Her Majesty by and with the advice and consent lo
of the Legislative Assembly of the Province of Ontario enacts
as follows : —

Power to bor- 1 It shall and may be lawful for tbe said corporation of the
to^ay floating township of Auderdon to raise by way "f loan on the credit of
debt. debentures of the said corporation from any person or persons, 1.5

body or bodies corporate the sum of $6,000 to run for a period
not exceeding ten years irom the date of the issue thereof.
Coupons shall be attached to the said debentures for the pay-
ment of the interest thereon which shall not exceed four per
cent, per annum and such interest shall be payable yearly. 20

Where pay- 3. The said debentures shall be made payable at such place

or places as the municipal council of the said corporation may
by-law direct.

Debt to be 3 ^ portion of the said debentures to be issued under this

annuni instal- Act shall be made payable in each year for a period not ex- 25
ments. ceeding ten years froui the date of the issue thereof and so

that the aggregate amount payable for principal and interest
in any one year shall be equal as nearly as may be lo what
is payable for principal and interest during each of the other
years of the period within which the debt is to be discharged. 30

Special rate. 4. The Said corporation shall levy in addition to all other
rates lobe levied in each year a special rate sufficient to pay
the amount falling due annually for principal and interest in
respect of tht> said debentures hereinbefore authorized, and it
shall not be necessary to levyN for or to provide any sinking
fund to retire the said debentures or any of them.

Application of 5 The said debentures and all moneys arising therefrom
debe^ntures. shall be applied by the said corporation in the repayment of
the said floating debt of $6,000 and in and for no other pur-
pose whatsoever. 40

Kp'^akd '° ^ ^y by-law passed under the provisions of this Act shall
till debt paid, not be repealed until the debt created thereunder and the in-
terest thereon shall have been fully paid and satisfied.

Assent of ly j^ shall not be necessary to obtain the assent of tlie

necessary. electors of the township of Anderdon to the passing of any by- 45

law which shall be passed under the provisions of this Act or
to observe the formalities in relation thereto prescribed by the
Municipal Act.

8. It shall be the duty of the treasurer from time to time Books of
5 of the said township to keep and it shall be the duty of each ^"""""^ •

of the members from time to time of the said municipal coun-
cil to procure such treasurer to keep and see that he does ^eep
a proper book of account setting forth a full and particular
statement so that the same shall at all times show the number

10 of debentures which from time to time shall be issued under
the powers conferred by this Act and the respective amounts,
payment of which is thereby secured and the times at which
the said debentures shall respectively become due and payable
and the several amounts which shall from time to time be

15 realized from the sale or negotiation of the said debentures
and the application which shall from time to time be made of
the said amounts and the said book of account and statement
shall at all times and at all reasonable hours be open to the
inspection of any ratepayer of the said township and of any

20 of the holders from time to time of the debentures which shall
be issued under the powers hereby conferred or of any such
debentures.

9. Nothing in this Act contained shall be held or taken to Liability of
discharge the corporation of the township of Anderdon from ^oTdfscharged

25 any indebtedness or liability which may not be included in
the said floating debt of the said township.

10. Any provisions in The Municipal Act which are or may Inconsistent
be inconsistent with the provisions of this Act or any of them enactments
shall not apply to the by- law or by-laws to be passed by the

30 said corporation under the provisions of this Act and no
irregularity in the form of the said debentures, or any of them
authorized to be issued by this Act or any by-law or by-laws
authorizing the issue thereof shall render the same invalid or
illegal or be allowed as a defence to any action brou^t against

35 the corporation for the recovery of the amount of the said de-
bentures and interest or any or either of them or any part
thereof and the purchaser or holder thereof shall not be bound
to enquire as to the necessity of passing such by-law or issue
of debentures or as to the application of the proceeds thereof.

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No. 70.] "RTT.r [1900

BILL.

An Act to consolidate the floating debt of the Town-
ship of Anderdon.

WHEREAS the Municipal Corporation of the Township of Pr. ambl-
Anderdon has by its petition represented that the said
corporation has not for several years been raising sufficient
moneys to meet its liabilities ^on account of the following
and other unforeseen and extraordinary circumstances, viz.:°^
that in the year 1894 a judgment was obtained against
the township for damages caused by a defective highway
which with costs amounted to SI, 500 or thereabouts ; that
during the past two years the township has been in liti-
gation with its tax collector and treasurer in respect of
alleged deficiencies costing the township so far about
S2,000, which was not anticipated nor provided for m the
estimates for 1899 and the levy of taxes for that year is
not sufficient after paying off the said costs to meet the general
expenses of the township : that the township is indebted to the
Merchants Bank at Windsor in the sum of $5,000, the balance
of a loan made to the township which has been carried for some
years, and is also indebted to a private individual for money
borrowed by the township from him in the sum of $630 ; that
after collection of the rates on the 1899 roll the township will
still owe $6,000 in respect of its floating indebtedness for pay-
ment of which no provision has been made and the township
has no funds or assets applicable to the payment thereof ; that
the main deficiency commenced about 1893 when debentures
given for a bonus to the Canada Southern Railway matured,
and owing to the sinking fund levied therefor having been
used for general township purposes there was a shortage wliich
the township met by borrowing from the bank ; that many
expensive drains have been constructed in the township from
time to time and assessments therefor have been and are still
being levied from year to year on the lands benefited, affecting
most of the lands in the township ; that in some of the school
sections in the township the rates for school purposes have
been and are very high ; that the River Canard and its branches
traverse the township for several miles, crossing the highways
in many places, and there are also other smaller streams and
large drains which require large and expensive bridges, at the
crossing of highways there are twenty-two large bridges a
hundred feet and upward in width besides a number of smaller
ones which are expensive and burdensome to the township ;
that extensive repairs must be made at once to many of the

bridges in order to insure the safety of the travelling public ;
that the levying of the floating debt will be unduly oppressive
to the ratepayers unless it can be spread over a number of
years ; and whereas the said corporation has by its said peti-
tion prayed that an act may be passed by the Legislative
Assembly consolidating the floating debt of the said township
and authorizing the township to borrow sufficient to defray
such debt and to issue the debentures of the township in "ten
equal annual instalments to cover principal and interest ;
*®'and whereas there is no opposition by or on behalf of any
ratepayer of the said Township to the said petition ;"^ and
whereas it is expedient to grant the prayer of the said petition.

Therefore Her Majesty by and with the advice and consent
of the Legislative Assembly of the Province of Ontario enacts
as follows : —

Power to bor- 1. It shall and may be lawful for the said corporation of the
r^'!^53fl^'^4- „ township of Anderdon to raise by way of loan on the credit of

to pay floating , , , ^ „ , , ., -• p "^

debt debentures or the said corporation from an}" person or persons,

body or bodies corporate the sum of $6,000 to run for a period
not exceeding ten years from the date of the issue thereof.
Coupons shall be attached to the said debentures for the pay-
ment of the interest thereon which shall not exceed four per
cent, per annum and such interest shall be payable ye&rly.

Where pay- 3. The said debentures shall be made payable at such place

able. or places as the municipal council of the said corporation may

by by-law direct.

Dr_bt to be 3. A portion of the said debentures to be issued under this

annul instil- ^^^ shall be made payable in each year for a period not ex-
ments. ceeding ten years from the date of the issue thereof and so

that the aggregate amount payable foi" principal and interest
in any one year shall be equal as nearly as may be to what
is payable for principal and interest during each of the other
years of the period within which the debt is to be discharged.

Special rate. 4. The said corporation shall levy in addition to all other
rates to be levied in each year a special rate sufficient to pay
the amount falling due annually for principal and intecest in
respect of the said debentures hereinbefore authorized, and it
shall not be necessary to levy lor or to provide any sinking
fund to retire the said debentures or any of them.

Application of 5. The Said debentures and all moneys arising therefrom
Seb^ift*'^ °^ shall be applied by the said corporation in the repayment of
the said floating debt of $6,000 and in and for no other pur-
pose whatsoever.

By-law not to 6. Any by-law passed under the provisions of this Act shall
tUl'debt'^faid ^^^ ^® repealed until the debt created thereunder and the in-
terest thereon shall have been fully paid and satisfied.

7. It shall not be necessary to obtain the assent of the Assent of
electors of the township of Anderdon to the passing of any by- electors not
law which shall be passed under the provisions of this Act or
to observe the formalities in relation thereto prescribed by the
Municipal Act.

8. It shall be the duty of the treasurer from time to time Botksof
of the said township to keep and it shall be the duty of each ^^""""^ •
of the members from time to time of the said municipal coun-
cil to procure such treasurer to keep and see that he does keep
a proper book of account setting forth a full and particular
statement so that the same shall at all times show the number
of debentures which from time to time shall be issued under
the powers conferred by this Act and the respective amounts,
payment of which is thereby secured and the times at which
the said debentures shall respectively become due and payable
and the several amounts which shall from time to time be
realized from the sale or negotiation of the said debentures
and the application which shall from time to time be made of
the said amounts and the said book of account and statement
shall at all times and at all reasonable hours be open to the
inspection of any ratepayer of the said township and of any
of the holders from time to time of the debentures which shall
be issued under the powers hereby conferred or of any such
debentures.

9. Nothing in this Act contained shall be held or taken to Liability of
discharge the corporation of the township of Anderdon from ^o^'discharged
any indebtedness or liability which may not be included in

the said floating debt of the said township.

10. Any provisions in The Municipal Act which are or may Inconsistent
be inconsistent with the provisions of this Act or any of them pot^toTppW
shall not apply to the by- law or by-laws to be passed by the

said corporation under the provisions of this Act and no
irregularity in the form of the said debentures, or any of them
authorized to be issued by this Act or any by-law or by-laws
authorizing the issue thereof shall render the same invalid or
illegal or be allowed as a defence to any action brought against
the corporation for the recovery of the amount of the said de-
bentures and interest or any or either of them or any part
thereof and the purchaser or holder thereof shall not be bound
to enquire as to the necessity of passing such by-law or issue
of debentures or as to the application of the proceeds thereof.

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No. 71.] 'OTT T U900.

BILL.

An Act respecting the Town of Smith's Falls.

WHEREAS the Municipal Corporation of the Town of preamble.
Smith's Falls have by their petition prayed that they
be permitted to pass a by-law to amend by-law No. 485 of the
said corporation (a true copy whereof is set out in schedule A
5 to this Act) by extending for a further term of 10 years the
period to be covered by the debentures to be issued under the
said by-law and that said debenture may bear a rate of inter-
est not exceeding 4 per cent, per annum and that said By-law
No. 485 and as so amended be validated and confirmed ; and

10 whereas before the final passing thereof the said by-law was
duly submitted to a vote of the ratepayers in accordance with
the provisions of The Municipal Act and was approved by a
large majority of the ratepayers voting thercon ; and whereas
the said corporation have represented that the extreme rocky

15 nature of the streets of the said town renders the carrying out
of the works referred to in the said by-law unusually difficult
and expensive and that it would therefore be reasonable to
extend by ten years the period to be covered by the deben-
tures to be issued under the said by-law or under any by-law

20 for the extension of said works ; and whereas the said corpor-
ation have further represented that because of the said rocky
nature of said streets and the expense of constructing said
works the chief engineer in charge of same has recommended
that the sewers and water mains be laid in the one trench

25 thereby causing difficulties to arise in the construction, main-
tenance and extension of said works and the raising of money
to defray the cost thereof, governed as they are by dififerent .
Acts of the Legislature of Ontario ; and whereas the said cor-
poration has further represented that it is expedient that said

30 system of sewers and water works when extended should be
extended at the same time, that one set of debentures extend-
ing over 40 years be issued for the cost thereof, that a uniform
frontage rate be charged for said sewers and when constructed
as a local improvement the town be permitted to bear a part

35 of the cost thereof; and wheieas the said corporation have
further represented that in the event of commissioners being
elected under the provisions of The Municipal Water Works
A at and on whom would devolve the construction of the water-
works in said town, it is expedient, considering the combined

40 nature of said sewer and waterworks system, that said com-
missioners may be empowered to construct any unfinished por-
tion of the sewers authorized to be constructed under said by-

law No. 485 and any extension of said system ; and whereas
the said corporation has also represented that it is expedient
to validate and confirm by- laws iXos. 483 and 488 of the said
corporation (true copies of each of which are set out in
Schedule B and C respectively to this Act ; and whereas it is ^
expedient to ^rant the prayer of the said petition ;

Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

Permission 1. It shall be lawful for the Council of the Municipal Cor- -.^

B -]aw°N poration of the Town of Smith's Falls to pass a by-law or
485 by issuing by-laws amending by-law No. 485 of the said town (a true
40yeardeben- copy whereof is sct out in schedule A to this Act) by extend-

vlir6S £Lii 4 DPI? J. «/ f %f

cent. ing by ten years the period to be covered by the debentures to

be issued under the said by-law and fixing the rate of interest -i c
that said debentures so issued shall bear, at a rate not exceed-
ing four per centum per annum, and such other changes in
the words and figures in said by-law 485 occasioned by said
amendments as shall be required to make said by law conform
to said amendments, so that the debentures to be issued under o^
said by-law No. 485 shall be payable within a period of not
more than 40 years and bear a rate of interest not exceeding
4 per centum per annum.

By-law No. ^- The said by-law No. 485, as amended under the author-

485aaamended ity of this act is hereby confirmed and with the debentures to qk
confirmed. ^^ issued in pursuance thereof and of this act is declared to be
legal, valid and binding upon the said municipal corporation
and the ratepayers thereof, to the fullest extent and for all
purposes whatever, notwithstanding any defect in substance
or in form of the said by-law, or said by-law so amended, or on
in the manner of passing the same or otherwise of the said by- '
law and debentures respectively, and notwithstanding any
act, matter or thing to the contrary whatsoever, and notwith-
standing any want of authority of the said municipal corpor-
ation in respect thereof, and the said municipal corporation is ok
hereby authorized and empowered to issue debentures as pro- '
vided by said by-law No. 485, or as provided by said by-law
amended under the authority of this Act, and the debentures
so issued are hereby declared legal and binding upon the said
municipal corporation and the said corporation is hereby au- a^
thorized and empowered to do all necessary Acts for the full
and proper carrying out of the said by-law No. 484, and any
amending by-law passed under the authority of this Act.

Water com- 3. In the event of said corporation electing water commis-

missioners sioners such commissioners are authorized and empowered to ^^
construct ^ construct the sewers or any part thereof to be constructed
sewers under said by-law No. 485, and any or all extensions of said

system of sewers, and for these purposes all powers, rights,

authorities, or immunities, which might be execised or enjoyed
by the council and the officers of the said corporal ion, acting
for the said corporation, may and shall, at the request and
direction of the .said council, be exercised by the said commis-
5 sioners,but nothing herein contained shall be construed to divest
the council of its authority with reference to the building of
said works and to the providing of moneys required in respect
of such v/orks, and the treasurer of the municipality shall,
upon the said commissioners being so empowered, upon the
10 written certificate of the commissioners, pay out any moneys
so provided.

4. It shall be lawful for the said corporation, from time to Power to ex-
time, to pass bv-laws for the extension of said system of ^''^^ sewers

ji • 1 1 -NT in« /• 1 T 1 • 1 ^^^ water-

sewers authorized by by-law JNo. 48o, (mcludmg the said ex- works systems

15 tension branches therefrom to the line of street), whenever ^"^ ^° "^^^
the council thereof, by a vote of two-thirds of all the members debentures
of said council at any regular meoting thereof, deem such ex- therefor,
tensions desirable and necessary in the public interest, and
whenever such extensions of the said sewer system is so under-

20 taken, it shall also be lawful for the said council at the same
time to extend and improve the waterworks system, likewise
authorized by said by-law No. 485, and to issue one set of
dehentnres on the credit of the said corporation for any loan
of money for the cost of any work so undertaken, constructed . ,

25 and improved under the section, for such term of years not electors not
exceeding forty as the said council may think fit, and in such required,
cases it shall not be necessary to obtain the assent of the elec-
tors or ratepayers of the said town of Smith's Falls to the
passing of such by-law or by-laws, or to observe any of the

30 formalities in relation thereto prescribed by The Municipal Rev. Stat. C.
Act. 223

5. In the event of the extension of said system of sewers,
referred to in the preceding section, or any of them, being
initiated and constructed as a local improvement, it shall be

35 lawful for the said corporation, notwithstanding what the "^own autho-
actual cost of constructing said sewers may be, to charge the pfrtof^cost'of
real properties in front of, and opposite to, which said sewers local improve-
are constructed and immediately benefitted thereby, a fixed ™®° '
uniform frontage rate, not however to exceed the frontage

40 rate chargeable as rent for the sewers built under said by-law
No. 485, and to assume and paj^ the balance (if any) of the
cost of constructing said sewers, the said real properties being
liable in that event to be rated and assessed for all sums over
and above said rents and frontage rates required by said cor-

45 poration for general sewage tax.

6. By-law No. 483 of the municipal corporation of the town By.iaw No
of Smith's Falls, (a true copy whereof is set out in schedule B to 483 confirmed,
this Act) and all debentures issued or to be issued, thereunder are

hereby validated and confirmed.

By-law No.
48i8 oonfirmed,

62 V. c. 80.

7. By-law No. 488 of the said corporation (a true copy-
whereof is set out in schedule C to this Act) and all deben-
tures issued or to be issued thereunder are hereby validated
and confirmed and the said by-law No. 488 is hereby declared
to be issued in conformity to, and is authorized by, the pro-
visions of The Smith's Falls Act, 1899.

Inconsistent
provisions of
Rev. Stat. cc.
223 and 235
not to apply.

8. Any provisions contained in The Municipal J.c^and The
Municipal Waterworks Act, and any amendments thereto,
which are or may be inconsistent with the provisions of this
Act, or any of them, shall not apply to the said by-laws or 10
debentures or any of them, referred to in the foregoing sec-
tions of this Act, or passed and issu( d under the authority
thereof, and no irregularity in the form of the said debentures
shall render the same invalid or illegal or be allowed as a defence
to any action brought against the said corporation, for the re- 15
covery of the amount of the said debentures and interest or
any or either of them, or any part thereof, and the purchaser
or holder thereof shall not be bound to enquire as to the
necessity for the issue of such debentures, or any thereof, or
as to the application of the proceeds thereof. 20

Short title. 9. This Act may be cited as The Smiths Falls Act, 1900.

SCHEDULE A.

By-Law No. 485.
(Section 1.)

By-law to raise by way of loan the sum of f 150,000 for the purpose of pur-
chasing the present waterworks system of Adam Foster in the town
of Smith's Falls, for the improving and extension of that system, for
the construction of a system of sewers in connection therewith in said
town and to authorize the issue of debentures therefor.
Whereas it is deemed expedient that the town of Smith's Falls should
own and operate its own system of waterwor' s, and to this end have en-
tered into an agreement with Adam Foster the owner of the present system
of waterworks, (provided this by-law is carried) for the purchase of the
same, including therein all the land, buildings, machinery, plant and
waterpower used and owned by him in connection therewith, and all in-
terests he has in all contracts in connection with said system and in any
sewers laid by him in said town at the price or sum of $34,500 ;

And whereas it is further necessary for the protection of the health of
Ihe citizens of the said town of Smith's Falls that the said towi» shall im-
prove and extend generally throughout the said town said system of water-
works and that in connection therewith should also construct a sj'stem of
sewers and acquire such lands, plant, machinery and other propertj' as may
be required for that purpose, according to plans and estimates therefor
prepared by Willis Chipman, civil and s initary engineer ;

And whereas it is estimated the sum of $40 500 will be required to im-
prove and extend the said present system of waterworks, fin addition to
the sum of $34,500 required for its purchase), and the sum of $75,000 for
the construction of said system of sewers, in all the sum of $150,000 being
the amount of debt to be created by this by-law and in order to provide the
said the sum for the said purposes, it will be necessary to issue debentures
of the said town of Smith's Falls for the sum of $150,000 payable as here-
inafter provided ;

And whereas it will be necessary to raise annually by special rate during
the period of thirty years the sum of $8,155.71, as set out in schedule
hereinafter written, for paying off the ^150,000 and interest thereon at
the rate of three and one-half per cent, per annum ;

And whereas the several annual amounts payalsle for principal and in-
terests in the respective years are those respectively set out in the said
schedule ;

And whereas the amount of the whole ratable property of the said
municipality of the town of Smith's Falls according to its last revised
assessment roll, being for the year 1899, is the sum of $1,119,033 ;

And whereas the amount of the existing debenture debt of the said town
for principal is the sum of $6'i,S25 and no part of the same or of the in-
terest thereon is in arrears ;

Be it therefore enacted by the corporation of the town of Smith's Falls
and it is hereby enacted by the council thereof as follows :

1. It shall be lawful for this corporation to purchase the present water-
works system of Adam Foster in the town of Smith's Falls as hereinbefore
recited, to improve, extend, hold, maintain, manage and conduct said
system throughout said town and to construct, build and maintain in con-
nection therewith a system of sewers, together with all necessary build-
ings, materials, machinery and appurtenances thereto to said system be-
longing, under and subject to the provisions of The Municipal Act
and The Municipal Waterworks Act.

2. It shall be lawful for the mayor of the said corporation, and he is
hereby authorized and instructed, to borrow for the purposes aforesaid
the sum of f 150,000, and to issue thirty debentures of the said corpora-
tion, each for the sum of $8,155.71, dated on the 31at day of December,
1899. payable at the office of the treasurer of said corporation of the town
of Smith's Falls, at the times set out in the said schedule, which said
interest is reckoned on the unpaid principal at the rate of three and one-
half per cent, per annum, computed from the 31st day of December, 1899.

3. It shall be lawful for the mayor of the said corporation, and he is
hereby authorized and instructed, to sign and issie and to cause the same
to be signed by the treasurer of said luunicipalitv, and the clerk of the
said municipality is hereby authorized to attach the seal of the said
municipality to the said debentures.

4. For the purpose of paying the said debentures an annual sum of
$8, 155.71 shall be raised in each year by a special rate sufficient therefor,
to be raised, levied and collected at the same time as the ordinary rates
of the municipality in each year of the said period of 30 years, from and
upon all the rateable property in the said municipality, and in addition to
all other rates during the currency of the said debenture.

5. This by-law shall take effect on the 31st day of December, 1899.'
The following is the schedule hereinbefore referred to : . .

ISO of

Time when

Amount of

debentures.

payable.

interest.

Principal.

Total.

1 30th Dec.

1900

$5,250 00

$2,905 71

$8,155 71

2 "

1901

5,148 30

3,007 41

8,155 71

3 "

1902

5,043 01

3,012 70

• 8,155 71

4 "

1903

4,934 05

3,221 66

8,155 71

5 "

1904

4,821 29

3,334 42

8,155 71

6 •'

1905

4,704 59

3,451 12

8,155 71

7 '■

1906

4,583 84

3,571 87

8,155 71

8 "

1907

4,458 80

3,696 91

8,155 71

9 "

1908

4,329 43

3,826 28

8,155 71

10 "

1909

4,195 50

3,960 21

8,155 71

11 "

1910

4,057 50

4,098 71

8,155 71

12 "

1911

3,913 55

4,242 16

8,155 71

13 "

1912

3,765 13

4,390 58

8,155 71

14 "

1913

3,611 46

4,544 25

8,155 71

15 "

1914

3,452 44

4,703 27

8,155 71

16 "

1915

3,287 79

4,807 92

8,155 71

17 " ■ "

1916

3,107 42

5,048 29

8,155 71

18 "

1917

2,940 73

5,214 98 •

8,155 71

No. of Time when Amount of

debenture). payable. interest. Principal. Total.

19 30th Dec. 1918 2,758 20 5,397 51 $8,155 71

20 " " 1919 2,569 28 5,586 43 8,155 71

21 " '• 1920 2,373 76 5,781 95 8,155 71

22 " " 1921 2,171 39 5,984 32 8,155 71

23 " " 1922 1,96194 6,182 77 8,155 71
24. " " 1923 1,745 61 6,410 20 8,155 71

25 " " 1924 l,i.21 15 6,634 56 8,156 71

26 " " 1925 1,288 94 6,866 77 8,155 71

27 " " 1926 1048 60 7,107 11 8,155 71

28 " " 1927 799 86 7,355 85 8,155 71

29 " '• 1928 542 40 7,613 31 8.155 71

30 " " 1929 275 94 7,879 77 8,155 71

7. The votes of the duly qualitied electors of the said municipality shall
be taken upon this by-law on the 18th day of September, 1899, commen-
cing at 9 o'clock in the forenoon and closing at 5 o'clock of the same day,
at the following place.s in the said municipality by the following named
deputy returning officers, that is to say :

In polling sub-division No. 1, in Dufferin ward, at the town hall, and
that Daniel Gilday be the deputy returning officnr thereat.

In polling sub-division No. 2, in Duft'erin ward, at the public library,
and that Wm. Keith hi deputy returning officer thereat.

In polling sub division No. 3 in Duft'erin ward, at J. B. Lyle's office,
and that Robert Goff be deputy returning officer thereat.

In polling sub-division No. 4 in Rideau ward, at counci' chamber, and
that J. H. Ross be deputy returning officer thereat.

In polling sub-division No. 5 in Rideau ward, at Robert Lewis' office,
and that J. A. Lewis be deputy returning officer thereat.

In p 'lling sub division No. 6 in Elgin ward, at W. Farnell's shop, and
that (1. C. Fowlie be deputy returning officer thereat.

In polling sub division No. 7 in Elgin ward, at J. H. McGillivray's
shop, and that J. H. McGillivray be deputy returning officer thereat.

In polling sub-division No. 8 in Elgin ward, at L. Rice's butcher shop,
and that W. O. Sweeny be dei)uty returning officer thereat

8 On the 16th day of September, 1899, at ten o'clock in the forenoon,
the mayor shall attend at the office of the clerk of the said municipality
to appoint persons to attend at the various polling places and at the final
summing up of the votes by the said clerk respectively on behalf of the
persons interested in and promo' ing or opposing the passing of this by-
law, and the said clerk shall attend at the council chamber in the said
town of Smith's Falls on the 19th day of September, 1899, at the hour of
12 o'clock noon, to sum up the number of votes for and against this by-
law.

Passed 1st and 2nd reading July 17th, 1899.

Passed 3rd reading September 19tb, 1899.

, (Sgd) B. B. SPARE AM,

(' ^^ Town Clerk.

I L. s. V A. GRAY FARRELL,

^-i—^^^ Mayor.

SCHEDULE B.

By-Law No. 483.

(Section 6.)

To raise by debentures the sum of $20,000.00 for the purchase of a steam
road roller and grader, and for permanent street improvement for the
town of Smith's Falls.

Whereas by a report presented to the council on the first day of May,
1899, by the street committee, they did thereby recommend to the council
certain street improvements and the purchase of a steam road roller and
grader.

And whereas said council desire to make certain other additional per-
manent street improvements and to provide proper storage place for said
machinery.

And whereas this council estimate the cost of said road machinery and
said street improvements and said other work at $20,000, and they desire
to purchase said machinery and to do said work and to r'aise for that
purpose the said sum of $20,000.00 by debentures in manner and payable
as hereinafter set out.

And whereas the amount of the debt to be created by this by-law is
$20,000 00 and the object from wliich it is created is the making of said
street improvements and said other other work and the purchasing of said
road machinery.

And whereas under and in pursuance of the powers vested in this
council under the Smith's Falls act, 1899, the said council has authority
to issue debentures for said purposes extending over a period of thirty
years.

And whereas the total amount required to he raised annually by special
rate on all the ratable property of the said town of Smith's Falls for a
period of thirty years for paying off the said debt and interest thereon is
the sum of $1 087.42, as set out in the schedule hereinafter written.

And whereas the several annual amounts payable for principal and
interest in the respective years are those respectively set out in the said •
schedule.

And whereas the amount of the whole ratable property in the said
municipality of the town of Smith's Falls according to the last revised
assessment roll being for the year 1898, is $1,080,720 00.

And whereas the amount of the existing debenture debt of the said town
is $63,825.00, and no part of the same or of the interest thereon is n
arrears.

Be it therefore enacted by the corporation of the to\*n of Smith's Falls,
and it is hereby enacted by the Council thereof as follows :

1., It shall be lawful for the mayor of the said corporation and he is
hereby authorized and instructed to borrow for the purposes aforesaid the
sum of $20,000.00 and to issue thirty debentures of the said corporation
each for the sum of $1,087.42, payable at the ofhco of the treasurer of
the said municipality in the town of Smith's Falls, and at the times set
out in the said schedule to this by-law and such debentures shall represent
in the respective years the amounts of principal and interest respectively
as shown in said schedule, which said interest is reckoned on the unpaid
principal at the rate of three and one-half per centum per annum, com-
puted from the thirty-first day of December, 1898.

2. It shall be lawful for the mayor of the said municipality and he is
hereby authorized to be instructed to sign the said debentures hereby
authorized to be issued and to cause the same to be signed by the treasurer
of the said municipality and the clerk of the said municipality is hereby
authorized and instructed to attach the seal of the said municipality to the
said debentures.

3. For the purpose of paying the said debentures an annual sum ot
$1,087.42 shall be raised and levied in each year by a special rate
sufficient therefor to be raised, levied and collected at the same time as
the ordinary rates for the municipality in each year of the said period of
thirty years from and upon all the ratable property in the said municipal-
ity in addition to all other rates during the currency of the said
debentures.

4. This by-law shall take effect on and from the date of the passing
thereof, which date shall be trie date of the issue of the said debentures.

5. The following is the schedule hereinbefore referred to

No of

Debenture.

Time when payable.

Am't of Int.

Am't of Prin.

Total.

Dec. 3l8t, 1899

$700 00

S387 42

$1,087 42

" 1900

686 44

400 98

1,087 42

" IfiOl

672 40

415 02

1,087 42

" 1902

657 88

429 54

1,087 42

" 1903

642 84

444 68

1,087 42

" 1904

627 2«

460 14

1,087 42

" 1905

611 18

476 24

1,087 42

" 1906

594 51

492 91

1,087 42

" 1907

577 26

510 16

1,087 42

" 1908

559 40

528 02

1,087 42

" 1909

540 92

546 50

1,087 42

" " 1910

521 79

565 63

1,087 42

" 1911

m2 00

585 42

1,087 42

" 1912

48151

605 91

1,087 42

'' 1913

560 29

627 13

1,087 42

" 1914

438 34

649 08

1,087 42

-17

" 1915

415 62

67180

1,087 42

" " 1916

392 11

695 31

1,087 42

" 1917

367 78

719 64

1,087 42

" 1918

342 59

744 83

1,087 42

" 1919

3!6 52

770 90

1,087 42

" 1920

289 54

797 88

1,087 42

. 23

" 1921

26161

825 81

1,087 42

" 1922

£32 71

854 71

1,087 42

'■' 1923

202 79

884 63

1 087 42

" 1924

17183

915 59

1,087 42

" 1925

139 79

947 63

1,087 42

" 1926

106 62

1,980 80

1,087 42

" 1927

172 29

1,015 13

1,087 42

" 1928

36 76

1,050 66
$20,000 00

1,087 42

6. The votes of the duly qualified electors of the said municipality shall
be taken upon this by-law on the 14th day of August, 1899, commenting
at nine o'clock in the forenoon and closing at five o'clock in the afternoon
of the same day at the following places in the municipality by the follow-
ing named de[juty returning officers, that is to say : —

In polling subdivision No. 1, in Duff"erin Ward at the Town hall and
that Daniel Gilday be Deputy Returning Officer thereat.

In polling subdivision No. 2, in DuflFerin Ward at the Public Library
and that \N . M. Keith he Deputy Returning Officer thereat.

In polling subdivision No. 3, in Dufi'erin Ward at J. B. Lyle's office
and that Robert Gofi" be Deputy Returning Officer thereat.

In polling subdivision No. 4, in Rideau Ward at Council Chambers and
that J. H. Ross be Deputy Returning Officer thereat.

In polling subdivision No. 5, in Rideau Ward at Robert Lewis' office
and that J. A 1 ewis be Deputy Returning Officer thereat.

In polling subdivision No. 6, in Elgin Ward at W. Farnell's shop and
that G. C. Fowlie be Deputy Returning Officer thereat.

In p lling subdivision No. 7, in Elgin Ward, at J. H. McGillivray's
shop and that J. H. McGillivray be Deputy Returning Officer thereat.

In polling subdivision No. 8, in Elgin Ward at L. Rice's Butcher shop
and that W. O. Sweeny be Deputy Returning Officer thereat.

7. On the 12th day of August, 1899, at the hour of ten o'clock in the
forenoon the Mayor of the said municipality shall attend at the office of
the Clerk of the said municipality for the appointment of, and shall appoint
in writing signed by him two persons to attend at the final summing up of
the votes given for and against this Hy-law and one person to attend at
each polling place on behalf of the persons interetsed in and desirous of
promoting the passing of this by-law and a like number on behalf of the

persons interested in and desirous of opposing the passing of this by-law
which place day and hour are hereby fixe! for the said purpose.

8. The Clerk of the said municipality shall attend at the Council Chambers
in the said Town of Smith's Falls on the 15th day of August, 1899, at the
hour of 12 o'clock noon to sum up the number of votes given for and
against this By-law which place day and hour are hereby dxed tor that
purpose.

Passed 1st and 2nd reading

August, 16th, 1899.

Passed 3rd reading

September 19th, 1899.

(Sgd.) B. E. Sparham,

Clerk.

(Sgd.) A. Gray Farrell,
Mayor.

I L.S. f

SCHEDULE C.

By-law No. 488.

Section 7.

By-law to raise by debenture the sum of f 12,065.00, being part of the'
consolidated debt of the town of Smith's Falls, under and by author-
ity of The Smith's Falls Act, 1899.

Whereas the corporation of the town of Smith's Falls, under and by
virtue of the powers vested in it by an Act of the Ontario Legislative As-
sembly, namely chapter 80 of the Acts passed in the 62nd year of Her
Majesty's reign, entitled An Act respecting the town of Smith's Falls, de-
sires to issue debentures, extending over a period of thirty-five years, for
the sum of $12,065,00, in the manner and payable as hereinafter set out,
said sum being part of the total sum of $63,825 at which the indebtedness
of the said town of Smith's Falls was consolidated by said Act, and which
said debentures of $12,065.00 are the first portion of the $63,825 to be
issued under the authority of said Act.

And whereas the total amount required to raise annually by special
rate on all the ratable property of the said town of Smith's Falls for a
period of thirty-five years, for paying of the said sum of $12,065.00 and
the interest thereon, is the sum of $603.25 as set out in the schedule
hereinaiter written.

And whereas the several annual amounts payable for principal and
interest in the respective years are those respectively set out in the said
schedule.

And whereas the amount of the whole ratable property in the said
municipality of the town of Smith's Falls according to the last revised
assessment roll being for the year 1899 is $1,119,033.

And whereas the amount of the existing debenture debt of the said
town, including therein the sum of $150,000.00 authorized this year to
be issued for sewerage and water works, and the sum of $20,000.00 also
authorized this year to be issued for permanent street improvements, is
the sum of $238,825, and no part of same or of the interest thereon is in
arrears.

Be it therefore enacted by the corporation of the town of Smith's Falls,
and it is hereby enacted by the council thereof, as follows —

2—71

be called I'he Consolidated Debt Debentures, shall represent in the respec-
tive years the amount of principal and interest respectively, as shown in
said schedule, which said interest is reckoned on the unpaid principal at
the rate of three and one-half per centum per annum, computed from the
31st day of December, 1899.

2. It shall be lawful for the mayor of the said municipality, and he is
hereby authorized and instructed, to sign the said debentures hereby
authorized to be issued and to cause the same to be signed by the treas-
urer of the said municipality, and the clerk of the said municipality is
hereby authorized and instructed to attach the seal of the said munici-
pality to the said debentures.

3. For the purpose of paying the said debentures an annual sum of
$603.23 shall be raised and levied in each year by a special rate sufficient
therefor to be raised, levied and collected at the same time as the ordinary
rates for the municipality in each year of the said period of thirty-five
years from and upon all the ratable property in the said municipality in
addition to all other rates during the currency of the said debentures.

4. This by-law shall take effect on the 31st day of December, 1899,
which date shall be the date of the issue of said debentures.

5. The following is the schedule hereinbefore referred to :

No. of
debenture.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35

Time when

payable.
Dec. 30th, 1900
1901
1902
1903
1904
1905
1906

" 1907
1908
1909
1910
1911
1912

" 1913
1914
1915
1916
1917
1918
1919
1920
1921
1922
1923

" 1924
1925
1926
1927

" 1928
1929
1930
1931
1932
1933
1934

Amount of
interest.
$422 27
415 94
409 39
402 61
395 59
388 33
380 81
373 03
364 98
356 64
348 01
339 09
329 83
320 27
310 37
300 12
289 52
278 54
267 18
255 42
243 25
230 65
217 61
204 10
190 14
175 68
150 72
145 23
129 20
112 61
95 44
77 67
59 27
40 23
20 52

A mount of
principal.
$180 96
187 29
193 84
200 62
207 64
214 90
222 42
230 00
238 25
246 59
255 22
264 14
373 39
282 96
292 86
303 11
313 71
324 69
336 05
347 81
359 98
372 58
385 62
399 13
413 09
427 55
442 51
458 00
474 03
490 62
507 79
525 56
243 96
563 00
582 71

Total.
$603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23
603 23

Passed Ist, 2nd and 3rd readings December 15th, 1899.

^_^_^ (Signed)

I L. s. I (Signed) E. B. Spaeham,

A. Gray ITarrell,

Mayor.

Clerk.

1 "^

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No. 71.] "DTT T [1900.

BILL

An Act respecting the Town of Smith's Falls.

WHEREAS the Municipal Corporation of the Town of Preamble.
Smith's Falls ^®' has by petition represented that the
council of the said corporation on the 19th day of September,
1899,dulypassed by-law No. 485 of the said town entitled "a by-
law to raise by way of loan the sum of $150,000 for the pur-
pose of purchasing the present water works system of* Adam
Foster in the Town of Smith's Falls, for the improving and ex-
tending of that system, for the construction of a system of
sewers in connection therewith in the said town, and to auth-
orize the issue of debentures therefor "; and whereas before the
final passing of the said by-law the same was duly submitted
to a vote ot the ratepayers in accordance with the provisions
of The Municipal Act and was assented to by a large majority
of the said ratepayers voting thereon ; and whereas the said
corporation has by the said petition represented that owing to
the existence of large quantities of rock in the road beds of the
streets of the said town the carrying out of the works referred
to in the said by-law is unusually difficult and expensive and
the engineer in charge of the said works has reported that it
is necessary that the sewers and water mains be laid in one
trench and that difficulties have consequently arisen in the con-
struction, maintenance and extension of said works and the
raising of money to defray the cost thereof by reason of the
said works being governed by different statutory provisions ;
and whereas the said corporation has further represented that
it is expedient that said system of sewers and water works
when extended should be extended at the same time, and that
the said corporation should be authorized to issue one set of
debentures extending over 40 years to defray the cost thereof
and that should the said sewers be hereafter extended as a
local improvement the corporation may be authorized to charge
a uniform frontage rate upon the real property opposite to
which such extensions are constructed, and the said town may
be authorized to pay out of the general funds of the corpora-
tion a portion of the cost of such extensions ; and wherea^the
said corporation has by the said petition prayed that the
council of the said corporation may be authorized to pass a
by-law to amend the said by-law No. 485 by extending ior a
further term of ten years the period within which the debt to
be created under the said by-law may be payable, and by pro-
viding that the interest payable upon the said debt may be at

a rate not exceeding four per cent, per annum ; and whereas
the said corporation has by the said petition prayed that the
said by-law No. 485 subject to such amendment may be vali-
dated and confirmed ; and whereas the .said corporation has by
the said petition further represented that in the event of com-
n)isioners being hereafter elected under the provisions of The
Municipal Water Works Act the construction of the water-
works in said town would devolve upon the said commission-
ers and that it is expedient owing to the necessity for com-
bining the said sewer and waterworks system that the said
commissioners may be authorized to construct any unfinished
portion of the sewers to be constructed under said by-law and
any extension of the said sewers; and whereas the said corpora-
tion has further prayed that it is expedient to validate and
confirm by-laws Nos. 483 and 488 of the said Town of Smith's
Falls set out in Schedule B and C respectively to this Act ;
and whereas no opposition has been offered by or on behalf of
any ratepayer or otherwise to the said petition ; and whereas
it is expedient to grant the said petition ; "^

Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

kTImend" ^ ^^ ^^^^^ ^^ lawful for the Council of the Municipal Cor-

By-iaw No. poration of the Town of Smith's Falls to pass a by-law or
4?-eIr debi°if ^J'^^^s amending by-law No. 485 of the said town (a true
tures^at/per copy whereof is set out in schedule A to this Act) by extend-
cent. ing by ten years the period *^ within which the debt to be

contracted under the said by law shall be payable and by fix-
ing the rate of interest to be payable thereunder, at a rate
not exceeding four per centum per annum, and by making
such other changes in the words and figures in said by-law 485
as may be necessary to make the said by law conform to said
amendments, so that the debentures to be issued under said
by-law No. 485 shall be payable within a period of not more
than 40 years and *^the interest upon the debt contracted
under the said by-law shall be at a rate not exceeding four
per cent, per annum, and it shall not be nt cessary to obtain
the assent of the electors or ratepayers of said town in the
passing of such by-law or by-laws."^^

By-law No. %. '^Subject to any amendment made as hereinbefore pro-

ooufirmTr'^^'^ vided under the authority of this Act,-^ the said by-law No.
485, is hereby confirmed and with the debentures to be issued
under the said by-law as so amended is declared to be legal,
valid and binding upon the said municipal corporation and
the ratepayers thereof, for all purposes whatever, notwith-
standing any defect in substance or in form of the said by-
law, ^^No. 485, or in the said amending by-law,"^ or in the
manner of passing the same or otherwise and the said corpora-
tion is hereby authorized and empowered to do all necessary

acts for the full and proper carrying out of the said by-law
No. 485, and any amending by-law passed under the authority

of this Act.

3. In the event of said corporation electing water commis- Water com-
sioners such commissioners are authorized and empowered to ™\^h^r°zed to
construct the sewers or any part thereof to be constructed construct
under said by-law No. 485, and any or all extensions of said sewers
system of sewers, and for these purposes all powers, rights,
authorities, or immunities, which might be exercised or enjoyed

by the council and the officers of the said corporation, acting
for the said corporation, may and shall, at the request and
direction of the said council, be exercised by the said commis-
sioners, but nothing herein contained shall be construed to divest
the council of its authority with reference to the construction of
the said works and to the providing of moneys required in
respect of such works, and the treasurer of the municipality
shall, upon the said commissioners being so empowered, upon the
written certificate of the commissioners, pay out any moneys
so provided.

4. It shall be lawful for the siid corporation, from time to Power to ex-
time, to pass by-laws for the extension of said system of ^^^^ sewers
sewers authorized by by-law No. 485, (including in said ex- works systems
tensions, branches therefrom to the line of street), whenever ^'"^ ^° ^^^^^
the council thereof, by a vote of two thirds of all the members debentures
of said council at any regular meeting thereof, deem such ex- therefor,
tensions desirable and necessary in the public interest, and
whenever any such extension of the said sewer system is so
undertaken, it shall also be lawful for the said council at the

same time and for the same distance to extend and improve
the waterworks system authorized by the said by-law No. 485,
and to issue one set of debentures on the credit of the said
corporation for any loan of money for the cost of any work of
extension and im/9rouemew^ so undertaken, for such term of electors not
years not exceeding forty as the said council may think fit, required,
and it shall not be necessary to obtain the assent of the elec-
tors or ratepayers of the said Town of Smith's Falls to any ,
by-law passed under this section, or to observe any of the
formalities in relation thereto prescribed by The Municipal Kev. Stat. C.
Act. 223

5. In the event of any extension of the said system of
sewers,or any of them, being initiated and constructed as a
local improvement, it shall be lawful for the said corporation,
whatever the SiQtuaX cost of constructing said sewers may be, ''■°*P *"'^°'
to charge the *^lands fronting or abutting upon any street part of'cost^r.f
upon which such extension is"^^ constructed, a fixed uniform •"c^l improve-
frontage rate, not exceeding the frontage rate chargeable as '"*^° *

rent for the sewers built under the said by-law No. 485, and
to assume and paj^ the balance (if any) of the cost' of con-
structing *^such extensions out of the general funds of the

corporation, and°^ the said ^^lands upon which a frontage rate
has been so imposed shall in that case be liable*^ to be rated and
assessed for all sums over and above ilte said rents and frontage
rates required by ^/<esaid corporation for general sewerage tax.

«3^onfir°'ed ^* ^.7"!^^ ^o. 483 of the municipal corporation of the town

' of Smith's Falls, (a true copy whereof is set out in Schedule B to

this Act) and all debentures issued or to be issued, thereunder are

confirmed '^"and declared to be legal valid and binding

upon the said corporation and the ratepayers thereof."®*

By-law No.
488 cf«nfirmed,

62 V. c. 80.

Inconsisten*;
provisi >n8 of
Rev. Stat. cc.
223 and 235
not to apply.

Short title.

7. By-law No. 488 of the said corporation (a true copy
whereof is set out in schedule C to this Act) and all deben-
tures issued or to be issued thereunder are confirmed ^and
declared to be le^al, valid and binding upon the said corpora-
tion and the ratepayers thereof, and to be lawfully passed and
issued"^ in conformity to, and as authorized by, the provisions
of The Smith's Falls Act, 1899.

8. Any provisions contained in The Municipal Act and The
Municipal Waterworks Act, and any amendments thereto,
which are or may be inconsistent with the provisions of this
Act, or any of them, shall not apply to the said by-laws or
debentures or any of them, referred to in the foregoing sec-
tions of this Act, or passed and issu' d under the authority
thereof, and no irregularity in the form of the said debentures
shall render the same invalid or illegal or be allowed as a defence
to any action brought against the said corporation, for the re-
covery of the amount of the said debentures and inten-st or
any or either of them, or an}- part thereof, and the purchaser
or holder thereof shall not be bound to enquire as to the
necessity for the issue of such debentures, or any thereof, or
as to the application of the proceeds thereof.

9. This Act may be cited as The Smiths Falls Act, 1900.

SCHEDULE A.

By-Law No. 485.

{Section 1.)

By-law to raise by way of loan the sum of $150,000 for ihe purj.ose of pur-
chasing the present waterworks system of Adam Foster in the town
of Smith's Falls, for the improving and extension of that system, for
the construction of a system of sewers in connection therewith in said
town and to authorize the issue of debentures therefor.

Whereas it is deemed expedient that the town of Smith's Falls should
own and operate its own system of waterworks, and to this end have en-
tered into an agreement with Adam Foster the owner of the present system
of waterworks, (provided this by-law is carried) for the purchase of the

same, including therein all the land, buildings, machinery, plant and
waterpower used and owned by him in connection therewith, and all in-
terests he has in all contracts in connection with said system and in any
sewers laid by him in said town at the price or sum of f 34,500 ;

And whereas it is further necessary for the protection of the health of
t he citizens of the said town of Smith's Falls that the said town shall im-
prove and extend generally throughout the said town said system of water-
works and that in connection therewith should also construct a system of
sewers and acquire such lands, plant, machinery and other property' as may
be required for that purpose, according to plans and estimates therefor
prepared by Willis Chipman, civil and sanitary engineer ;

And whereas it is estimated the sum of $40 500 will be required to im-
prove and extend the said present system of waterworks, fin ad.Jition to
the sum of $34,500 required for its purchase), and the sum of |i75,000 for
the construction of said system of sewers, in all the sum of $150,000 being
the amount of debt to be created by this by-law and in order to provide the
said sum for the said purposes, it will be necessary to issue debentures
of the said town of Smith's Falls for the sum of $150,000 payable as here-
inafter provided ;

And whereas it will be necessary to raise annually by special rate during
the period of thirty years the sum of $8,155.71, as set out in schedule
hereinafter written, for paying off the $150,000 and interest thereon at
the rate of three and one-half per cent, per annum ;

And whereas the several annual amounts payable for principal and in-
terests in the respective years are those respectively set out in the said
schedule ;

And whereas the amount of the existing debenture debt of the said town
for principal is the sum of $63,825 and no part of the same or of the in-
terest, thereon is in arrears ;

Be it therefore enacted by the corporation of the town of Smith's Falls
and it is hereby enacted by the council thereof as follows :

1. It shall be lawful for this corporation to purchase the present water-
works system of Adam Foster in the town of Smith's Falls as hereinbefore
recited, to improve, extend, hold, maintain, manage and conduct said
system throughout said town and, to construct, build and maintain in con-
nection therewith a system of sewers, together with all necessary build-
ings, materials, machinery and appurtenances thereto to said system be-
longing, under and subject to the provisions of The Municipal Act
and The Municipal Waterivorks Act.

2. It shall be lawful for the mayor of the said corporation, and he is
hereby authorized and instructed, to borrow for the purposes aforesaid
the sum of $150,000, and to issue thirty debentures of the said corpora-
tion, each for the sum of $8,155.71, dated on the 31st day of December,
1899. payable at the office of the treasurer of said corporation of the town
of Smith's Falls, at the times set out in the said schedule, which said
interest is reckoned on the unpaid principal at the rate of three and one-
half per cent per annum, computed fr()m the 31st day of December, 1899.

3. It shall be lawful for the mayor of the said corporation, and he is
hereby authorized and instructed, to sign and issi e and to cause the same
to be signed by the treasurer of said umnicipalitv, and the clerk of the
said municipality is hereby authorized to attach the seal of the said
municipality to the said debentures.

4. For the purpose of paying the said debentures an annual sum of
$8, 155.71 shall be raised in each year by a special rate sufficient therefor,
CO be raised, levied and collected at the same time as the ordinary rates
of the municipality in each year of the said period of 30 years, from and
upon all the rateable property in the said municipality, and in addition to
all other rates during the currency of the said debentures.

5. This by-law shall take effect on the 31st day of December, 1899.
The following is the schedule hereinbefore referred to : . .

ISo of

Time when

Amount of

debentures. payable.

interest.

Principal.

Total.

1 30th Dec. 1900

f5,250 00

$2,905 71

18,155 71

2 "

1901

5,148 30

3,007 41

8,155 71

3 "

1902

5,04.S 01

3,012 70

8,1.55 71

4 'c

1903

4,934 05

3,221 66

8,155 71

5 "

1904

4,821 29

3,334 42

8,155 71

6 •'

1905

4,704 59

3,451 12

8,155 71

7 '•

1906

4,583 84

3,571 87

8,155 71

8 "

1907

4,458 80

3,696 91

8,155 71

9 "

1908

4,329 43

3,826 28

8,155 71

10 "

1909

4,195 50

3,960 21

8,165 71

11 "

1910

4,057 50

4,098 71

8,156 71

12 "

1911

3,913 55

4,242 16

8,155 71

13 "

1912

3,765 13

4,390 58

8,155 71

14 "

1913

3,611 46

4,544 25

8,155 71

15 "

1914

3,452 44

4,703 27

8,155 71

16 "

1915

3,287 79

4,867 92

8,155 71

17 "

1916

3,107 42

5,048 29

8,155 71

18 "

1917

2,940 73

5,214 98

8,155 71

19 "

1918

2,758 20

5,397 51

8,155 71

20 "

1919

2,569 28

5,586 43

8,155 71

21 "

1920

2,373 76

5,781 95

8,155 71

22 "

1921

2,171 39

5,984 32

8,165 71

23 "

1922

1,961 94

6,182 77

8,156 71

24 "

1923

1,745 51

6,410 20

8,155 71

26 "

1924

l,f.21 16

6,634 56

8,165 71

26 "

1925

1,288 94

6,866 77

8,155 71

27 "

1926

1,048 60

7,1<'7 11

8,166 71

28 "

1927

799 86

7,355 85

8,155 71

29 "

1928

542 40

7,613 .31

8.155 71

30 "

1929

275 94

7,879 77

8,165 71

7. The votes of the duly qualified electors of the said municipality shall
be taken upon this by-law on the 18th day of September, 1899, commen-
cing at 9 o'clock in the forenoon and closing at 5 o'clock in the afternoon
of the same day, at the following places in the said municipality by the
following named deputy returning officers, that is to say :

In polling sub-division No. 1, in Duflferin ward, at the town hall, and
that Daniel Gilday be the deputy returning officer thereat.

In polling sub-division No. 2, in Dufferin ward, at the public library,
and that Wm. Keith be deputy returning officer thereat.

In polling sub division No. 3 in Dufferin ward, at J. B. Lyle's office,
and that Robert Goff be deputy returning officer thereat.

In polling sub-division No. 4 in Rideau ward, at council chamber, and
that J, H. Ross be deputy returning officer thereat.

In polling sub-division No. 6 in Rideau ward, at Robert Lewis' office,
and that J. A. Lewis be deputy returning officer thereat.

In polling sub division No. 6 in Elgin ward, at W. Farnell's shop, and
that G. C. Fowlie be deputy returning officer thereat.

In polling sub division No. 7 in Elgin ward, at J. H. McGillivray's
shop, and that J. H. McGillivray be deputy returning officer thereat.

In polling sub-division No. 8 in Elgin ward, at L. Rice's butcher shop,
and that W. O. Sweeny be deputy returning officer thereat

8. On the 16th day of September, 1899, at ten o'clock in the forenoon,
the mayor shall attend at the office of the clerk of the said municipality
to appoint per. ons to attend at the various polling places and at the final
summing up of the votes by the said clerk respectively on behalf of the
persons interested in and promo' ing or opposing the passing of this by •
law, and the said clerk shall attend at the council chamber in the said
town of Smith's Falls on the 19th day of September, 1899, at the hour of

12 o'clock noon, to sura up the number of votes for and against this by-
law.

Passed Ist and 2nd reading July 17th, 1899.

Passed 3rd reading September 19th, 1899.

(Sgd) B. E. SPARHAM,
r -V Town Clerk.

\ h.s. V A. GRAY FARRELL,

^ . , — ■' Mayor.

SCHEDULE B.

By-Law No. 483.

(Section 6.)

To raise by debentures the sum of $20,000 for the purchase of a steam
road roller and grader, and for permanent street improvement for the
town of Smith's Falls.

And whereas said council desire to make certain other additional per-
manent street improvements and to provide proper storage place for said
machinery.

And whereas this council estimate the cost of said road machinery and
said street improvements and said other work at $20,000. and they desire
to purchase said machinery and to do said work and to i-aise for that
purpose the said sum of $20,000.00 by debentures in manner and payable
as hereinafter set out.

And whereas the amount of the debt to be created by this by-law is
$20,000 00 and the object from which it is created is the making of said
street improvements and said other work and the purchasing of said road
machinery.

And whereas under and in pursuance of the powers vested in this
council under the Smith's Falls Act, 1899, the said council has authority
to issue debentures for said purposes extending over a period of thirty
years.

And whereas the several annual amounts payable for principal and
interest in the respective years are those respectively set out in the said
schedule.

And whereas the amount of the whole ratable property in the said
municiia'ity of the town of Smith's Falls according to the last revised
assessment roll being for the year 1898, is $1,080,720 00.

And whereas the amount of the existing debenture debt of the said town
is $63,825.00, and no part of the same or of the interest thereon is in
arrears.

Be it therefore enacted by the corporation of the town of Smith's Falls,
and it is hereby enacted by the Council thereof as follows :

1. It shall be lawful for the mayor of the said corporation and he is
hereby authorized and instructed to borrow for the purposes aforesaid the
sum of $20,000.00 and to issue thirty debentures of the said corporation
each for the sum of 81,087.42, payable at the office of the treasurer of
the said municipality in the town of Smith's Falls, and at the times set

out in the said schedule to this by-law and such debentures shall represent
in the respective years the amounts of principal arrtJ interest respectively
as shown in said schedule, which said interest is reckoned on the unpaid
principal at the rate of three and one-half per centum per annum, com-
puted from the thirty-first day of December, 1898.

2. It shall be lawful for the mayor of the said municipality and he is
hereby authorized and instructed to sign the said debentures hereby
authorized to be issued and to cause the same to be signed by the treasurer
of the said municipality and the clerk of the said municipality is hereby
authorized and instructed to attach the seal of the said municipality to the
said debentures.

I debentures.

4. This by-law shall take effect on and from the date of the passing
thereof, which date shall be the date of the issue of the said debentures.

5. The following is the schedule hereinbefore referred to : —

No of
DeVenture. Time when payable Am't of Inb. Am't of Prin. Total.

Dec.

31st,

1899

$700 00

$387 42

$1,087 42

1900

686 44

400 98

1,087 42

IflOl

672 40

415 02

1,087 42

1902

657 88

429 54

1,087 42

•.I

1903

642 84

444 58

1,087 42

1,904

627 28

460 14

1,087 42

((

1905

611 18

476 24

1,087 42

((

1906

594 51

492 91

1,087 42

1907

577 26

510 16

1,087 42

«i

1908

559 40

528 02

1,087 42

((

1909

540 92

546 50

1,087 42

( (

1910

52179

L65 63

1,087 42

((

1911

502 00

585 42

1,087 42

1912

48151

605 91

1 087 42

((

1913

560 29

627 13

1,087 42

((

1914

438 34

649 08

1.087 42

1915

416 62

67180

1,087 42

1916

392 11

695 31

1,087 42

1917

367 78

719 64

1,087 42

1918

342 59

744 83

1,087 42

( t

1919

316 52

770 90

1,087 42

1920

289 54

797 88

1,087 42

1921

261 61

825 81

1,087 42

((

1922

232 71

854 71

1,087 42

((

1923

202 79

884 63

1 087 42

((

1924

17183

915 59

1,087 42

«(

1925

139 79

947 63

1,087 42

1926

106 62

980 80

1,087 42

1 (

1927

72 29

1 015 13

• 1,087 42

1 1

1928

36 76

1,050 66

1,087 42

$20,000 00

6. The votes of the duly qualified electors of the said municipality shall
be taken upon this bj-law on the 14th day of August, 1899, commencing
at nine o'clock in the forenoon and closinjj; at five o'clock in the afternoon
of the same day at the following places in the municipality by the fallow-
ing named deputy returning officers, that is to say : —

In polling subdivision No. 1, in Dufferin Ward at the Town hall and
that Daniel Gilday be Deputy Returning Officer thereat.

In polling subdivision No. 2, in Dufferin Ward at the Public Library
and that W. M. Keith be Deputy Returning Officer thereat,

In polling subdivision No. 3, in Dufferin Ward at J. B. Lyle's office
and that Robert Goflf be Deputy Returning Officer thereat.

In polling subdivision No. 4, in Rideau Ward at Council Chambers and
that J. H. Ross be Deputy Returning Officer thereat.

In polling subdivision No. 5, in Rideau Ward at Robert Lewis' office
and that J. A Lewis be Deputy Returning Officer thereat.

In polling subdivision No. 6, in Elgin Ward at W. Farnell's shop and
that G. C. Fowlie be Deputy Returning Officer thereat.

In polling subdivision No. 7, in Elgin Ward, at J. H. McGillivray's
shop and that J. H. McGillivray be Deputy Returning Officer thereat.

In polling subdivision No. 8, in Elgin Ward at L. Rice's Butcher shop
and that W. O. Sweeny be Deputy Returning Officer thereat.

7. On the 12th day of August, 1899, at the hour of ten o'clock in the
forenoon the Mayor of the said municipality shall attend at the office of
the Clerk of the said municipality for the appointment of, and shall appoint
in writing signed by him two persons to attend at the- final summing up of
the votes given for and against this by-law and one person to attend at
each polling place on behalf of the persons interested in and desirous of
promoting the passing of this by-law and a like number on behalf of the
persons interested in and desirous of opposing the passing of this by-law
which place day and hour are hereby fixe 1 for the said purpose.

8. The Clerk of the said municipality shall attend at the Council Chambers
in the said Town of Smith's Falls on the 15th day of August, 1899, at the
hour of 12 o'clock noon to sum up the number of votes given lor and
against this By-law which place day and hour are hereby fixed tor that
purpose.

Passed 1st and 2nd reading

August, 16th, 1899.

Passed 3rd reading

September 19th, 1899.

(Sgd.) B. E. Sparham,
Clerk.

(Sgd.) A. Gkay Farkell,
Mayor.

{ L.S. i

SCHEDULE C.

By-law No. 488.
Section 7.

By-law to raise by debenture the sum of $12,065.00, being part of the
consolidated debt of the town of Smith's Falls, under and by author-
ity of Tlie Smith's Falls Act, 1899.

Whereas the corporation of the town of Smith's Falls, under and by
virtue of the powers vested in it by an Act of the Ontario Legislative As-
sembly, namely chapter 80 of the Acts passed in the 62nd year of Her
Majesty's reign, entitled An Act respectiiig the town of Smith's Falls, de-
sires to issue debentures, extending over a period of thirty-five years, for
the sum of $12,065,00, in the manner and payable as hereinafter set out,
said sum being part of the total sum of $63,825 at which the indebtedness
of the said town of Smith's Falls was consolidated by said Act, and which
said debentures of $12,065.00 are the first portion of the $63,825 to be
issued under the authority of said Act.

And whereas the total amount required to raise annually by special
rate on all the ratable property of the said town of Smith's Falls for a

2—71

period of thirty-five years, for paying of the said sum of $12,065.00 and
the interest thereon, is the sum of $603.23 as set out in the schedule
hereinafter written.

And whereas the several annual amounts pajable for principal and
interest in the respective years are those respectively set out in the said
schedule.

And whereas the amount of the whole ratable property in the said
municipality of the town of Smith's Falls according to the last revised
assessment roll being for the year 1899 is $1,119,033.

And whereas the amount of the existing debenture debt of the said
town, including therein the sum of $1.50,000.00 authorized this year to
be issued for sewerage and water works, and the sum of $20,000.00 also
authorized this year to be issued for permanent street improvements, is
the sum of $238,825, and no part of same or of the interest thereon is in
arrears.

Be it therefore enacted by the corporation of the town of Smith's Falls,
and it is hereby enacted by the council thereof, as follows —

1. It shall be lawful for the mayor of the said corporation, and he is
hereby authorized and instructed to borrow for the purposes aforesaid,
the sum of $12,065.00, and to issue thirty-five debentures of the said cor-
poration each for the sum of $003.23, payable at the office of the treas-
urer of the said municipality, in the town of Smith's Falls, and at the
times set out in the said schedule by this by-law and such debentures, to
be called I'he Consolidated Debt Debentures, shaU represent in the respec-
tive years the amount of principal and interest respectively, as shown in
said schedule, which said interest is reckoned on the unpaid principal at
the rate of three and one-half per centum per annum, computed from the
31st day of December, 1899.

3. For the purpose of paying the said debentures an annual sum of
.23 shall be raised and levied in each year by a special rate sufficient

therefor to be raised, levied and collected at the same time as the ordinary
rates for the municipality in each year of the said period of thirty-five
years from and upon all the ratable property in the said municipality in
addition to all other rates during the currency of the said debentures.

4. This by-law shall take effect on the 31st day of December, 1899,
which date shall be the date of the issue of said debentures.

5. The following is the schedule hereinbefore referred to :

No. of

Time when

Amount of

> mount of

debenture.

payable.

interest.

principal.

Total.

Dec. 30th,

1900

$422 27

$180 96

$603 23

1901

415 94

187 29

603 23

1902

409 39

193 84

603 23

((

1903

402 61

200 62

603 23

1904

395 59

207 64

603 23

((

1906

388 33

214 90

603 23

((

1906

380 81

222 42

603 23

((

1907

373 03

230 20

603 23

1908

364 98

238 25

603 23

((

1909

356 64

246 59

603 23

«i

1910

348 01

255 22

603 23

((

1911

339 09

264 14

603 23

«(

1912

329 84

373 39

603 23

1913

320 27

282 96

603 23

1914

310 37

292 86

603 23

((

1915

300 12

303 11

603 23

((

1916

289 52

313 71

603 23

((

1917

278 64

324 69

603 23

No. of

Time when

Amount of

debenturet .

payable.

interest.

Principal.

Total.

1918

267 18

336 05

603 23

1919

255 42

347 81

603 23

1920

243 25

359 98

603 23

1921

230 65

372 58

603 23

23 •

1922

217 61

385 62

603 23

1923

204 10

399 13

603 23

1924

190 14

413 09

603 23

1925

175 68

427 55

603 23

1926

160 72

442 51

603 23

1927

145 23

458 00

603 23

1928

129 20

474 03

603 23

1929

112 61

490 62

603 23

1930

96 44

507 79

603 23

1931

77 67

525 56

603 23

1932

59 27

543 9)

603 23

1933

40 23

563 00

603 23

1934

20 52

582 71

603 23

Passed 1st, 2r

id and 3rd readings December t5th, 1899.

(Signed)

A. Gray 1'arrell,

{j^} (S

Mayor.

Signed) E. B.

Sparham,

Clerk.

^
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B. H

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CO

^"•^^•] . BILL. ^''''-

An Act respecting the City of Ottawa.

WHEREAS the municipal corporation of the city of Ottawa
has by its petition represented that by resolution passed
on the 20th day of November, 1899, by the council of the said
corporation the reduction of the number of aldermen to be
5 elected in each ward in the city of Ottawa to two ; the exten-
sion of the term of office of such aldermen to two years and
the retirement of one such alderman for each ward at the end
of each year, was approved of and that a vote of the electors
of the said city having been taken, the said proposed change

10 was also approved of by a large majority of the said electors;
that the said corporation was authorized by Act of the Legis-
lature of the Province of Ontario, being chapter 75 of 57 Vic-
toria, to borrow a sum of money not exceeding $50,000 to be
expended in the construction of a main or trunk sewer or

15 sewers in Dalhousie ward of the said city, and to issue deben-
tures therefor without submitting any by-law in connection
therewith to or obtaining the assent thereto of the ratepayers
of the said city ; that subsequently it was decided instead of
constructing a sewer or sewers sufficient only for the purposes

20 of Dalhousie ward aforesaid to construct a system of sewer or
sewers of sufficient capacity to drain the entire undrained
portion of the said city of Ottawa including Dalhousie ward
aforesaid : that afterwards on the 26th day of September,
1898 the said council passed a by-law numbered 1858 author-

25 izing the construction of the said last mentioned system of
drainage detining the route thereof and providing for the
issue of debentures to the amount of $425,000 to cover the
cost of the construction theieof ; that it has since been dis-
covered that the cost of the construction of the said system of
drainage will exceed the said sum of $425,000, and that it will

30 be necessaiy to expend thereon an additional sum of $50,000;
that doubts have arisen as to whether the said corporation has
authority under the said Act of uhe Legislature of the Province
of Ontario to borrow without submitting a by-law in connec-
tion tht-rewith to or obtaining the assent thereto of the rate-

35 payers the sum of $50,000 to be applied towards the construc-
tion of the said general system of drainage; that it has been found
desirable to alter in part the route of the said system of drain-
age and to construct a partion of the same through a part of
the township of Gloucester adjoining the said city of Ottawa ;

40 that such alteration of route will increase the cost of the said
system of drainage by $30,000 ; that it is in the interest of the

Preamble.

ratepayers of the said city of Ottawa that the said alteration in
the route of the said system of main drainage should be made and
that the construction of the same should be completed without
delay, and that the said corporation should be authorized to
borrow the sum of $80,C00 to provide for the cost thereof, and to
issue debentures therefor without submitting any by-law in
connection therewith to, or obtaining the assent thereto of the
ratepayers of the said city and has prayed that an Act may be
passed for the said purposes and other purposes ; and whereas
it is expedient so grant the prayer of the said petition.

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows :^ —

Composition
of council.

Retiring
aldermen.

Municipal.
Act.

1. Notwithstanding anything contained in The Munici'pal
Act or in any other Act of the Legislature of the Province of 15
Ontario, the council of the city of Ottawa for the year 1901
and for each succeeding year thereafter shall consist of the
mayor, who shall be the head thereof, and two aldermen for
each ward in the said city.

2i. At the end of the year 1901 one of the aldermen elected 20
for each ward in the city of Ottawa, who shall be determined
by lot, shall retire, but the other shall continue in office for
another year, and thereafter the election of aldermen for the
said city shall be so conducted and managed that each alder-
man shall hold office for two years, but that one alderman for 25
each ward shall retire and his successor be elected in each
alternate year.

3. In all other respects, however, the aldermen for the city
of Ottawa shall be elected in accordance witli and be governed
by the provisions of The Municipal Act. 30

Diverting 4. The Said corporation may alter the route of the said

route of drnm- gygtem of main drainage now under construction in the said

age ay stem.

city of Ottawa from that defined and described in the said
by-law numbered 1858 to that following, that is to say : —

" From Bell street, along Emily to Concession, southerly on 35
Concession to Archibald, easterly along Archibald to Bank,
southerly on Bank to Isabella, on Isabella between Bank and
Elgin streets, northerly on Elgin street to Archibald street, on
Archibald from Elgin to Cartier, on Cartier from Archibald to
Frank, on Frank from Cartier to Robert street, on Robert 40
street from Frank to George Almond street, on George Almond
street from Robert street to Rideau canal, crossing the Rideau
canal and Nicholas street to Templeton street produced, east-
erly along Templeton street to Nelson, along Nelson from
Templeton to Sonier>et, on Somerset from Nelson street to 45
Riverside avenue, thence easterly crossing the Rideau river to
a point on the eastern bank opposite Somerset street, thence

northerly across lots 6 and 7 in tlie Junction gore of the
township of Gloucester to the intersection of the Russell and
Montreal roads, thence northerly along the Russell road to its
intersection with Beech wood road, at a point 70 feet more or
5 less east of the eastern end of St. Patrick street bridge, thence
westerly along the road allowance lying between the St. Law-
rence and Ottawa Railway tracks and the Rideau river to
Dufierin road, and River lane intersection, thence westerly
along River lane and John street ^o the Ottawa river, outlet

10 •' D " being composed of 4,850 lineal feet of 4 I'eet 6 inches
circular sewer, 6,300 lineal feet of 5 feet circular sewer, 9,100
linen 1 feet of 6 feet circular sewer, and 6,400 lineal" feet of
7 feet circular sewer," and may construct the same along the
said route and in part through a portion of the township of

15 Gloucester lying east of the Rideau river inst-^ad of along
that route defined and described in the said by-law, and for
the purposes of such construction and the making of all neces-
sary connections therewith, may authorize the entering upon,
breaking up, taking or using any land in the said city of

20 Ottawa or the said township of Gloucester or adjacent thereto,
but subject always to the payment of compensation to persons
who may suffer injury therefrom,

5. Neither the municipality of the said township of Glou- Drain connec-
cester nor any owner or occupant of land or resident therein, ahip^of" *"^"

25 or ratepayer thereof, shall connect any drain with that part of Gloucester,
the said system of main drainage which may pass through
the said township of Gloucester, nor make any entrance or
drain any lands into the same without the consent of the said
corpoiation. Provided, however, that the said corporation

'^^ may permit the municipality of the said township of Gloucester
to connect subsidiary drains constructed by the said munici-
pality for the drainage of that portion of the township of
Gloucester through which the said system of main drainage
may pass with the said system and the owners or occupants of

^5 lands in the said township of Gloucester fronting on the said
portion of the said system to drain their said lands into the
same upon such terms and conditions and for such considera-
tion as may be agreed upon between the said corporation and
the said mnnicipality of the township of Gloucester, and pro-

'*^ vided further, that if at any time the said municipality shall
desire to utilize the said system of main drainage for the said
purposes or any of them and the said corporation and the said
municipality shall be unable to agree upon the consideration,
terms and conditions upon which such use shall be permitted

'*5 the same shall be referred to the determination and award of
three arbitrators, one to be chosen by the said corporation,
another by the said municipality of the township of Gloucester,
and the third by the other two arbitrators, and the decision or
award of the arbitrators so chosen, or of two of them, shall be

^^ binding and conclusive on all parties and such arbitration
shall be deemed to be subject to the provisions of chapter 62

of the Revised Statutes of Ontario, 1897, or any statutory
provision then in force in Ontario relating to voluntary sub-

mission.

Power u> b r- 6. The said corporation may, should it decide to alter the
addiiionai. route of the said system of main drainage as herein authorized, 5
borrow a sum of money not exceeding S80,000, in addition to
the said sum of $425,000 so authorized to be borrowed by the
said by-law numbered 1858, to be expended on the completion
of the construction of the said system of main drainage and
the payment of the additional cost of the construction of the 10
same to be caused by the said alteration of the route of the
same, and may issue debentures therefor payable in thirty
years from the date of the issue thereof.

7 . Should the said corporation, however, decide not to alter
the said route of the said system of main drainage, but to com- 15
plete the construction oi: the same according to the present
route, then the said corporation may nevertheless borrow a
sum of money not exceeding $50,000, in addition to the said
sum of $425,000, to be expended on the completion of the con-
struction of the said system of main drainage according to the 20
present route, and may issue debentures therefor payable in
thirty years from the date of the issue thereof.

Assent of rate- 8. The by-law or by-laws to be passed under the authority
nece?"ary.*^ of this Act shall not require to be submitted to or to have the

assent of the electors ol the said city of Ottawa before the final 25

passing thereof.

Alternntive
power to bor-
row $50,000.

Irregularity
not to
invalidate.

9. No irregularity in the form of the said debentures or of
the by-laws authorizing the issue thereof shall render the same
invalid or illegal, or be allowed as a defence to any action
brought against the said corporation for the recovery of the 30
amount of the said debentures and interest, or any or either of
them, or any part thereof.

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No. 72.] "DTT.T. [1900

BILL.

An Act respecting the City of Ottawa.

WHEREAS the Municipal Corporation of the City of
Ottawa has by petition represented that the said cor- Preamble,
poration was authorized by Act of the Legislature of the Pro-
vince of Ontario, being chapter 75 of 57 Victoria, to borrow
a sum of money not exceeding $50,000 to be expended in the
construction of a main or trunk sewer or sewers in Dalhousie
ward of the said city, and to issue debentures therefor without
submitting any by-law in connection therewith to or obtain-
ing the assent thereto of the ratepayers of the said city ; and
whereas subsequently it was decided instead of constructing
a sewer or sewers sufficient only for the purposes of Dalhousie
ward aforesaid to construct a system of sewer or sewers of
sufficient capacity to drain the entire undrained portion of
the said city of Ottawa including Dalhousie ward aforesaid ;
and whereas afterwards on the 26th day of September, 1898,
the said council passed a by-law numbered 1868 author-
izing the construction of the said last mentioned system of
drainage defining the route thereof, and providing for the
issue of debentures to the amount of S425,000 to cover the cost
of the construction thereof ; and whereas it has since been dis-
covered that the cost of the construction of the said system of
drainage will exceed the said sum of $425,000, and that it will
be necessary to expend thereon an additional sum of $50,000 ;
and whereas doubts have arisen as to ^whether the said cor-
poration has authority under the said Act of the Legislature
to borrow without submitting a by-law in connection there-
with to or obtaining the assent thereto of the ratepayers the
sum of $50,000 to be applied towards the construction of the
said general system of drainage; that it has been found desirable
to alter in part the route of the said system of drainage and to
construct a portion of the same through a part of the town-
ship of Gloucester adjoining the said city of Ottawa; and
whereas such alteration of route will increase the cost of the
said system of drainage by $30,000 ; and vjhereas it is in the
interest of the ratepayers of the said city of Ottawa that the
said alteration in the route of the said system of main drainage
should be made and that the construction of the same should
be completed without delay and that the said corporation
should be authorized to borrow the sum of $80,C00 to provide
for the cost thereof, and to issue debentures therefor without
submitting any by-law in connection therewith to, or obtain-
ing the assent thereto of the ratepayers of the said city and
has prayed that an Act may be passed for the said purposes

and other purposes ; *^and whereas no opposition has been
offered by or on behalf of any ratepayer or otherwise to the
said petition j"®* and whereas it is expedient to grant the prayer
of the said petition.

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

Diverting 1. The said corporation may alter the route of the said

route of drain- gygtem of main drainage now under construction in the said
city of Ottawa from that defined and described in the said
by-law numbered 1858 to that following, that is to say : —

" From Bell street, along Emily to Concession, southerly on
Concession to Archibald, easterly along Archibald to Bank,
southerly on Bank to Isabella, on Isabella between Bank and
Elgin streets, northerly on Elgin street to Archibald street, on
Archibald from Elgin to Cartier, on Cartier from Archibald to
Frank, on Frank from Cartier to Robert street, on Robert
street from Frank to George Almond street, on George Almond
street from Robert street to Rideau canal, crossing the Rideau
canal and Nicholas street to Templeton street produced, east-
erly along Templeton street to Nelson, along Nelson from
Templeton to Somerset, on Somerset from Nelson street to
Riverside avenue, thence easterly crossing the Rideau river to
a point on the eastern bank opposite Somerset street, thence
northerly across lots 6 and 7 in the Junction gore of the
township of Gloucester to the intersection of the Russell and
Montreal roads, thence northerly along the Russell road to its
intersection with Beech wood road, at a point 70 feet more or
less east of the eastern end of St. Patrick street bridge, thence
westerly along the road allowance lying between the St. Law-
rence and Ottawa Railway tracks and the Rideau river to
Dufferin road, and River lane intersection, thence westerly
along River lane and John street to the Ottawa river, outlet
" D " being composed of 4,350 lineal feet of 4 feet 6 inches
circular sewer, 6,300 lineal feet of 5 feet circular sewer, 9,100
lineal feet of 6 feet circular sewer, and 6,400 lineal feet of
7 feet circular sewer," and may construct the same along the
said route and in part through a portion of the township of
Gloucester lying east of the Rideau river instead of along
that route defined and described in the said by-law, and for
the purposes of such construction and the making of all neces-
sary connections therewith, may authorize the entering upon,
breaking up, taking or using any land in the said city of
Ottawa or the said township of Gloucester or adjacent thereto,
but subject always to the payment of compensation to persons
who may suffer injury therefrom.

Drain connec- 3. Neither the municipality of the said township of Glou-
tions in town- cester nor any owner or occupant of land or resident therein,
Gl'oviceBter. OY ratepayer thereof, shall connect any drain with that part of

the said system of main drainage which may pass through
the said township of Gloucester, nor make any entrance or
drain any lands into the same without the consent of the said
corpoiation. Provided, however, that the said corporation
may permit the municipality of tlie said township of Gloucester
to connect subsidiary drains constructed by the said munici-
pality for the drainage of that portion of tlie township of
Gloucester through which the said system of main drainage
may pass with the said system and the owners or occupants of
lands in the said township of Gloucester fronting on the said
portion of the said system to drain their said lands into the
same upon such terms and conditions and for such considera-
tion as may be agreed upon between the said corporation and
the said municipality of the township of Gloucester, and pro-
vided further, that if at any time the said municipality shall
desire to utilize the said system of main drainage for the said
purposes or any of them and the said corporation and the said
municipality shall be unable to agree upon the consideration,
terms and conditions upon which such use shall be permitted
the same shall be referred to the determination and award of
three arbitrators, one to be chosen by the said corporation,
another by the said municipality of the township of Gloucester,
and the third by the other two arbitrators, and the decision or
award of the arbitrators so chosen, or of two of theni", shall be
binding and conclusive on all parties and such arbitration
shall be deemed to be subject to the provisions of chapter 62
of the Revised Statutes of Ontario or any statutory provision
in force in Ontario relating to voluntary submission.

3. The said corporation may, should it decide to alter the Power to bor-

r/\xtr ^HCi f)f)£\

route of the said system of main drainage as herein authorized, additional
borrow a sum of money not exceeding S80,000, in addition to
the said sum of $425,000 so authorized to be borrowed by the
said by-law numbered 1858, to be expended on the completion
of the construction of the said system of main drainage and
the payment of the additional cost of the construction of the
same to be caused by the said alteration of the route of the
same and may issue debentures therefor payable in thirty
years from the date of the issue thereof.

4. Should the said corporation, however, decide not to alter Alternative
the said route of the said system of main drainage, but to com- row $50,000.
plete the construction of the same according to the present

route, then the said corporation may nevertheless borrow a
sum of money not exceeding $50,000, in addition to the said
sum of $425,000, to be expended on the completion of the con-
struction of the said system of main drainage according to the
present route, and may issue debentures therefor payable in
thirty years from the date of the issue thereof.

5. The by-law or by-laws to be passed" under the authority Assent of rate-
of this Act shall not require to be submitted to or to have the SeS^ary.'

Irregularity assent of the electors of the said city of Ottawa before the final
not to passing thereof.

invalidate.

6. No irregularity in the form of the said debentures or of
the by-laws authorizing the issue thereof shall render the same
invalid or illegal, or be allowed as a defence to any action
brought against the said corporation for the recovery of the
amount of the said debentures and interest, or any or either of
them, or any part thereof.

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No. 73.] 15TT J , [1900.

An Act respecting By-laws Numbers 1797, 1920
and 1974, of the City of Ottawa.

WHEREAS, the Ottawa and New York Railway Company, Preamble,
hereinafter called the " company," and the municipal
corporation of the city of Ottawa, hereinafter called the " cor-
poration," have by their petition prayed that an Act may be
5 passed to ratify, confirm and legalize a by-law of the munici-
pal council of the corporation of the city of Ottawa, numbered
1974, and passed on the 19th day of February, 1900, intituled,
" Being a by-law to extend the time for compliance by the
Ottawa and New York Railway Company with the conditions

10 contained in a by-law of the municipal corporation of the city
of Ottawa, entitled " By-law No. 1797, a by-law to provide for
aiding and assisting the Otta,va and New York Railway Com-
pany by granting to the said company the sum of $75,000 by
way of a bonus, to issue debentures for the same and to auth-

15 orize the levying of a special rate by the said corporation for the
payment of the said debentures and interest,' " and for other
purposes ; and whereas it is expedient to grant the prayer of
the said petition.

Therefore Her Majesty, by and with the advice and con-
20 sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. The said by-law numbered 1974 of the municipal corpor- By-law
ation of the city of Ottawa, intituled as in the preamble to No. 1974
this Act, is recited, and a true copy of which said by-law is

25 set forth in schedule " A " to this Act, is hereby declared to be
valid, legal and binding upon the said municipal corporation
and the ratepayers of the said city of Ottawa to all intents
and purposes, although the assent of the ratepayers of the
said city of Ottawa has not been obtained thereto, and it is

30 hereby declared and enacted that the said municipal council
had at the time of the passing of the said by-law full power
and authority to extend by by-law the period for the comple-
tion by the said company of its line of railway from the city
of Ottawa across the St. Lawrence river, by a bridge at or

35 near the town of Cornwall, and to a connection with some
railway or railways to the city of New York, and for the
erection of the general workshops of the said company in the
city of Ottawa, as in the said by-law mentioned, to the first
day of January, 1901, and had also full power and auth-

orifcy at the time of the passing of the said by-law to sub-
stitute by by -law the other dates and otherwise to enact, as is
set forth in the said by-law.

Time for 2. Notwithstanding anything contained in any Act of the

line ^extended. Legislature of the Province of Ontario or in the said by-law 5
numbered 1 797, set out in schedule " B " to the Act of the
Legislature of the Province of Ontario, passed in the 62nd
year of Her Majesty's reign, chapter 67, or in another by-law
of the municipal corporation of the city of Ottawa, numbered
1920 and passed on the 15th day of May, 1899, under the 10
authority of the said last-mentioned Act, and a copy whereof
is set out in schedule "A" to the said last mentioned Act,
or in any other by-law of the city of Ottawa, or in a cer-
tain agreement set out in schedule " C " to said Act, between
the company and the corporation, dated the 24th day of 15
December, 1897, respecting said bonus, the period limited
in said by-laws numbers 1797 and 1920, and in said agree-
ment for the completion by the said company of its line of
railway from the city of Ottawa across the St. Lawrence
river at or near the town of Cornwftll, and to a connection 20
with some railway or railways to the city of New York, and
for the erection of the general workshops of the said com- •
pany in the city of Ottawa, is hereby declared to be duly
extended until the first day of January, 1901, and any de-
bentures that may be issued pursuant to the said three by- 25
laws or any of them, and to said agreement, are as pro-
vided in said by-law numbered 1974, to bear date the 7th
day of August, 1900, instead of the 7th day of February,
1898, as provided in said by law numbered 1797 and said
agreement, and instead of the 7th day of February, 1899, 30
as in said by-law numbered 1920 and said last mentioned
Act is provided.

By-laws Nos. 3. Subject to the extension of time and the change of dates
and^agr^ment ^^ ^^^ foregoing Section of this Act and in said bj^-law No.
confirmed, 1974 provided for, the said by-laws numbers 1797 and

1920 and the said agreement are hereby declared to be in 35
full force and effect and binding to all intents and purposes
upon the said city and the said corporation, and upon all
the ratepayers of the said city, and in the same manner and
with the same effect as if the said extended periods and
substituted dates had been contained in the said by-law No. 40
1797 and the said agreement respectively when they were
enacted or entered into respectively, instead of those actually
mentioned therein.

SCHEDULE A.

By-Law No. 1974.

Being a by-law to extend the time for compliance by the Ottawa and

New York Railway Company with the conditions contained in a by-
la ,v of tilt; municipal corporation of the city of Ottawa, entitled " By-
law No. 1796, a by-law to provide for aiding and assisting the Ottawa
and New York Railway company by granting to the said company
tlie sum of seventy-five thousand d liars by way of a bonus, to issue
debentures for the same and to authorize the levying of a special rate
by the said corporation for the payment of the said debentures and
interest."
Whereas by-law No. 1797 of the corporation was passed on the 7th day
of February, 1898, providing that it might be lawful for the said corpora-
tion to grant by way of bonus to the Ottawa and New York Railway
Company towards the construction of their railway which lies between
the city of Ottawa and the town of Cornwall, the sum of $75,000, upon
the conditions mentioned in the said by-law and in an agreement in writ-
ing dated the 24th day of December, 1897, made between the said corpor-
ation and the said railway company, and ro make and issue debentures
for the said sum of $75,000.00, and to levy and collect an annual rate to
provide fi r the payment of the said debentures and interest.

And whereas amongst other conditions in the said by-Jaw and agree-
ment, or in one or other of them contained, it was provided that the said
sum of $75,000.00 should be paid to the said railway company upon and
only upon the completion by the said railway company of its line of rail-
way from the city of Ottawa across the St. Lawrence river by a bridge at
or near the town of Cornwall and to a connection with some railway or
railwa}s to the city of New York, and the erection of the general work-
shops of the company in the city of Ottawa, on or before the first day of
July, 1899, and also that a strict compliance by the said railway company
with the terms of said by-law and agreement should be a condition pre-
cedent to the right of the said company to the said sum of $75,000.00 or
any part thereof.

And whereas, prior to the termination of the said period the said rail-
way company had completed the construction of and put in operation its
line of railway from the city of Ottawa to the town of Cornwall, and had
commenced the construction of a bridge across the St. Lawrence river at
or near the town of Cornwall, to connect its said line with a railway or
railways to the city of New York, but had been prevented from com-
pleting the same by reason of an accident whereby two spans of the said
bridge, of 370 feet in length each, while in course of construction, col-
lapsed and sank to the bottom of the river.

And whereas from investigation at the time it appeared that several of
the stone piers constructed m connection with the said bridge would have
to be rebuilt.

And whereas, by reason of the said accident the said company, in addi-
tion to the loss of business, suffered a loss of from $150,000 to $200,000,
and by reason of such accident, delay and loss became unable to complete
its said bridge and to connect with a railway or railways to the city of
New York and to erect its general workshops in the city of Ottawa within
the time limited in the said by-law and agreement, that is to say, on or
before the first day of July, 1899.

And whereas, the said railway company, before tjie time limited in the
said by-law and agreement had expired, applied to the municipal corpor-
ation of the cicy of Ottawa to extend the period limited therein for the
completion and operation of its said line of railway to a connection with
some railway or railways in the city of New York, by a b} idge across the
river St. Lawrence at or near the town of Cornwall, and for the erection
of its workshops in the city of Ottawa, to the first day of July, 1900.

And whereas the said corporation was by an Act of the Legislative
Assembly of the Province of Ontario, being chapter 67 of 62 Victoria,
authorized to extend the said period so limited in the said by-law and
agreement to the first day of July, 1900, by by-law, without obtaining
the assent thereto of the ratepayers.

And whereas, the municipal council of the corporation of the city of

Ottawa, in pursuance of the authority granted by the said Act, did by its

by- law No. 1920, passed on the 15th day of May, 1899, extend the time

.nitcd in iK (i:cl lj-]c,w No. 17^7 and irr the said agreement dated the

24th day of December, 1897, for the completion by the said railway com-
pany of its line of railway from the city of Ottawa across the St. Law-
rence river by a bridge at or near the town of Cornwall, and to a con-
nection with some railway or railways to the city of New York, and for
the erection of the general workshops of the said company in the city of
Ottawa to the first day of July, 1900, and changed the date which the
said debentures were to bear from the 7th day of February, 1898, to
the 7th day of February, 1899, and declared the said by-law No. 1797
and the said agreement, subject to such change of dates and extension of
time, to be in full force and effect and binding upon the corporation of
the city of Ottawa and upon the Ottawa and Ne v York Railway Com-
pany, in the same manner and to the same extent as if the said 'ast men-
tioned dates had been specified in the said by-law and agreement instead
of the dates actually specified therein for the said purpose.

And whereas the sa d railway company has since proceeded continu-
ously with the construction of the said works, but has met with unex-
pected difficulties and de^ays in connection with the prosecution of the
same, owing to the scarcity of iron and steel and the difficulty in procur-
ing materials composed of same for the construction of the said bridge,
by reason of the congested state of the iron market, and is apprehensive
that it will be unable to complete the said works by the first day of July,
1900.

And whereas the said railway company has applied to the municipal
council of the corporation of the city of Ottawa to have it declared that
the said by-law No. 1797 and the said agreement dated the 24th day of
December, 1897, are still in force, and to extend the period limited in
the said by-law and agreement for the purpose of the completion of the
said works until the first day of January, 1901.

And whereas the said municipal council has consented to grant such
application in so far as it h;»s power to do so.

Therefore, the municipal council of the corporation of the city of
Ottawa enacts as follows :

1. Notwithstanding anything contained in the said by-law No. 1797 or
in the said agreement dated the 24th day of December, 1897, or in the
said Act of the Legislature of the Province of Ontario, being chapter 67
of 62 Victoria, or in the said by-law No. 1920, but so far only a-j the said
council has power so to do, the period limited in the said by-laws and
agreement for the completion by the said railway company of its line of
railway from the city of Ottawa across the St. Lawrence river by a bridge
at or near the town of Cornwall, and to a connection with some railway
or railways to the city of New York, and for the erection of the general
workshops of the said company in the city of Ottawa, is hereby extended
to the first day of January, 1901, and the date which the said debentures
are to bear is hereby changed to the 7th day of August, 1900, and subject
to such changes of date and extension of time, the said by-law No. 1797
and the said agreement dated the 24th day of December, 1897, are here
by declared to be in full full force and effect and binding upon the cor-
poration of the city of Ottawa and upon the Ottawa and Nesy York Rail-
way Company in the same manner and to the same extent as if the said
last mentioned dates had been specified in the said by-law and agreement
instead of the dates actually specified therein for the said purposes.

Given under the corporate seal of the city of Ottawa this 19th day of
February, A.D. 1900.

(Sgd.) T. Paymem,

Mayor.
Certified.
(Sgd.) John Hekdekson, LSeal.]

City Clerk.

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^"•^^•J BILL. f'^-

An Act respecting By-laws Numbers 1797, 1920
and 1974, of the City of Ottawa.

WHEREAS, the Ottawa and New York Railway Company, Preamble,
hereinafter called the "company," and the Municipal
Corporation of the City of Ottawa, hereinafter called the " cor-
poration," have by their petition prayed that an Act may be
passed to ratify, confirm and legalize a by-law of the munici-
pal council of the corporation of the city of Ottawa, numbered
1974, and passed on the 19th day of February, 1900, intituled,
" Being a by-law to extend the time for compliance by the
Ottawa and New York Railway Company with the conditions
contained in a by-law of the municipal corporation of the city
of Ottawa, entitled ' By-law No. 1797, a by-law to provide for
aiding and assisting the Ottawa and New York Railway Com-
pany by granting to the said company the sum of $75,000 by
way of a bonus, to issue debentures for the same and to auth-
orize the levying of a special rate by the said corporation for the
payment of the said debentures and interest,' " and for other
purposes ; ^and whereas no opposition has been offered by or
on behalf of any ratepayer or otherwise to the said petition ;'®*
and whereas it is expedient to grant the prayer of the said
petition.

Therefore Her Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. The said by-law numbered 1974 of the Municipal Cor- By-law
poration of the City of Ottawa, intituled as in the preamble confirmed,
to this Act, is recited, and a true copy of which said by-law

is set out in schedule " A " to this Act, is hereby conHrined
and declared to be legal, "valid and binding upon the said
municipal corporation and the ratepayers thereof to all intents
and purposes, although the a,ssent of the ratepayers of the
said city of Ottawa has not been obtained thereto.

2. Notwithstanding anything contained in any Act of the Tii^^ ^^F ,

poTTiTilfiiiioii or

Legislature of the Province of Ontario or in the said by-law Une extended,
numbered 1 797, set out in schedule " B " to the Act of the
Legislature of the Province of Ontario, passed in the 62nd
year of Her Majesty's reign, chapter 67, or in another by-law
of the municipal corporation of the city of Ottawa, numbered
1920 and passed on the 15th day of May, 1899, under the

authority of the said last-mentioned Act, and a copy whereof
is set out in schedule " A " to the said last mentioned Act,
or in any other by-law of the city of Ottawa, or in a cer-
tain agreement set out in schedule " C " to said Act, between
the company and the corporation, dated the 24th day of
December, 1897, respecting said bonus, the period limited
in said by-laws numbers 1797 and 1920, and in said agree-
ment for the completion by the said company of its line of
railway from the city of Ottawa across the St. Lawrence
river at or near the town of Cornwall, and to a connection
with some railway or railways to the city of New York, and
for the erection of the general workshops of the said com-
pany in the city of Ottawa, is hereby declared to be duly
extended until the first day of January, 1901, and any de-
bentures that may be issued pursuant to the said three by-
laws or any of them, and to said agreement, are as pro-
vided in said by-law numbered 1974, to bear date the 7th
day of August, 1900, instead of the 7th day of February,
1898, as provided in said by law numbered 1797 and said
agreement, and instead of the 7th day of February, 1899,
as in said by-law numbered 1920 and said last mentioned
Act is provided.

„ , -- 3. Subiect to the extension of time and the chanere of dates

1797 and 1920 ^^ ^he foregoing section of this Act and in said by-law No.

andagreement 1974 provided for, the said by-laws numbers 1797 and

rme j 1920 and the said agreement are hereby declared to be in

full force and effect and binding to all intents and purposes

upon the said city and the said corporation, and upon all

the ratepayers of the said city, and in the same manner and

with the same effect as if the said extended periods and

substituted dates had been contained in the said by-law No.

1797 and the said agreement respectively when they were

enacted or entered into respectively, instead of those actually

mentioned therein.-

SCHEDULE A.
• By-Law No. 1974.

Being a by-law to extend the time for compliance by the Ottawa and
New York Railway Company with the conditions contained in a by-
law of the municipal corporation of the city of Ottawa, entitled " By-
law No. 1796, a by-law to provide for aiding and assisting the Ottawa
and New York Railway company by granting to the said company
the sum of seventy-five thousand dollars by way of a bonus, to issue
debentures for the same and to authorize the levying of a special rate
by the said corporation for the payment of the said debentures and
interest."
Whereas by-law No. 1797 of the corporation was passed on the 7th day
of February, 1898, providing that it might be lawful for the said corpora-
tion to grant by way of bonus to the Ottawa and New York Railway
Company towards the cf)nstructioii of their railway which lies between
the city of Ottawa and the town of Cornwall, the sum of $75,000, upon
the conditions mentioned in the said by-law and in an agreement in writ-

ing dated the 24th day of December, 1897, made between the said corpor-
ation and the said railway company, and to make and issue debentures
for the said sum of ^75,000.00, and to levy and collect an annual rate to
provide for the payment of the said debentures and interest.

And whereas amongst other conditions in the said by-law and agree-
ment, or in one or other of them contained, it was provided that the said
sum of $75,000.00 should be paid to the said railway company upon and
only upon the completion by the said railway company of its line of rail-
way from the city of Ottawa across the St. Lawrence river by a bridge at
or near the town of Cornwall and to a connection with some railway or
railways to the city of New York, and the erection of the general work-
shops of the company in the city of Ottawa, on or before the first day of
J uly, 1899, and also that a strict compliance by the said railway company
with the terms of said by-law and agreement should be a condition pre-
cedent to the right of the said company to the said sum of $75,000.00 or
any part thereof.

And whereas from investigation at the time it appeared that several of
the stone piers constructed in connection with the said bridge would have
to be rebuilt.

And whereas, the said railway company, before the time limited in the
said by-law and agreement had expired, applied to the municipal corpor-
ation of the city of Ottawa to extend the period limited therein for the
completion and operation of its said line of railway to a connection with
some railway or railways in the city of New York, by a biidge across the
river St. Lawrence at or near the town of Cornwall, and for the erection
of its workshops in the city of Ottawa, to the first day of July, 1900.

And whereas, the municipal council of the corporation of the city of
Ottawa, in pursuance of the authority granted by the said Act, did by its
by- law No. 1920, passed on the 15th day of May, 1899, extend the time
limited in the said by-law No. 1797 and in the said agreement dated the
24th day of December, 1897, for the completion by the said railway com-
pany of its line of railway from the city of Ottawa across the St. Law-
rence river by a bridge at or near the town of Cornwall, and to a con-
nection with some railway or railways to the city of New York, and for
the erection of the general workshops of the said company in the city of
Ottawa to the first day of July, 1900, and changed the date which the
said debentures were to bear from the 7th day of February, 1898, to
the 7th day of February, 1899, and declared the said by-law No. 1797
and the said agreement, subject to such change of dates and extension of
time, to be in full force and effect and binding upon the corporation of
the city of Ottawa and upon the Ottawa and New York Railway Com-
pany, in the same manner and to the same extent as if the said last men-
tioned dates had been specified in the said by-law and agreement instead
of the dates actually specified therein for the said purpose.

And whereas the said railway .company has since proceeded continu-
ously with the construction of the said works, but has met with unex-
pected difficulties and delays in connection with the prosecution of the
same, owing to the scarcity of iron and steel and the difficulty in procur-
ing materials composed of same for the construction of the said bridge,
by reason of the congested state of the iron market, and is apprehensive
that it will be unable to complete the said works by the first day of July,
1900.

And whereas the said municipal council has consented to grant such
application in so far as it has power to do so;

Therefore, the municipal council of the corporation of the city of
Ottawa enacts as follows :

1. Notwithstanding anything contained in the said by-law No. 1797 or
in the said agreement dated the 24th day of December, 1897, or in the
said Act of the Legislature of the Province of Ontario, being chapter 67
of 62 Victoria, or in the said by-law No. 1920, but so far only a? the said
council has power so to do, the period limited in the said by-laws and
agreement for the completion by the said railway company of its line of
railway from the city of Ottawa across the St. Lawrence river by a bridge
at or near the town of Cornwall, and to a connection with some railway
or railways to the city of New York, and for the erection of the general
workshops of the said company in the city of Ottawa, is hereby extended
to the first day of January, 1901, and the date which the said debentures
are to bear is hereby changed to the 7th day of August, 1900, and subject
to such changes of date and extension of time, the said by-law No. 1797
and the said agreement dated the 24th day of December, 1897, are here
by declared to be in full full force and efiect and binding upon the cor-
poration of the city of Ottawa and upon the Ottawa and New York Rail-
way Company in the same manner and to the same extent as if the said
last mentioned dates had been specified in the said by-law and agreement
instead of the dates actually specified therein for the said purposes.

Given under the corporate seal of the city of Ottawa this 19th day of
February, A.D. 1900.

(Sgd.) T. PAYME^T,

Mayor.
Certified.
(Sgd.) John Hekderson, [Seal.]

City Clerk.

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"""■''■' BILL, '''''■

An Act to incorporate the Superior and James Bay
Railway Company.

WHEREAS the persons hereinafter named have by their Preamble,
petition represented that they are desirous of being in-
corporated under the name of The Superior ani James Bay
Railway Company for the purpose of building a railway
5 between the points hereinafter named, with the object of pro-
moting mining and other industries and for the purpose of
building smelters, reduction, electrical and other works for the
treatment of ores, metals and minerals for the developing of
heat, light, electricity and power in connection therewith and
10 for the purposes hereinafter set forth ; and whereas the said
petitioners have prayed for the incorporation of the said com-
pany, and whereas it is expedient to grant the prayer of the
said petition.

Therefore Her Majesty, by and with the advice and consent
15 of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. William Snider, of the town of Waterloo, in the county incorporation,
of Waterloo, miller ; Phelps Johnson, of the city of Montreal,

in the Province of Quebec, civil engineer ; William Ashel John-
20 son, of the city of Torento, in the county of York, engineer ;
Arthur Burdett Lee, of the city of Toronto, in the county of
York, merchant ; Franklin Bates Poison, of the city of Toronto,
in the county of York, manufacturer, and John Bellamy Miller,
of the city of Toronto, in the county of York, lumberman,
25 together with such other persons as shall become shareholders
in the company are hereby incorporated under the name of
The Superior and James Bay Railway Company, hereinafter
called " the company."

2. The persons named in section one of this Act are hereby Provisional
30 consticuted provisional directors of the said coMpany of whom directors.

a majority shall form a quorum.

3. The capital stock of the company shall be one million Capital stock,
dollars and may be called up by the directors from time to

time as they deem necessary, but no one call shall exceed ten
35 per cent, of the shares subscribed.

Head office.

Annual
meeting.

Directors.

Location of
line.

Branch lines.

Authority
to construct
and operate
vesiels.

4:. The head office of the company shall be in the city of
Toronto, or such other place in the Province of Ontario as may
be appointed by by-law.

5. The annual meeting of the shareholders shall be held on
the second Tuesday in February in each year.

6. At such meeting the subscribers of the capital stock 5
assembled who have paid all calls due on their shares shall
chose not less than five or more than nine persons to be directors

of the company, one or more of whom may be paid directors.

7. The company may lay out, construct and operate aline of
railway in the district of Thunder Bay, in the Province of 10
Ontario, of a gauge of four feet eight and one-half inches with
either a single or double track or tracks, or with a single rail
from a point on the north shore of Lake Superior at, or near,
Rossport on the Canadian Pacific Railway, thence by the best
available route in the general north-easterly direction passing 15
Lear Long Lake to a point on James Bay at or near the mouth

of Albany River or on the said river.

8. The company may also lay out, construct and operate
branch lines from convenient points on its main line to mining
camps now, or hereafter, situate within twenty miles of ihe 20
said railway line, and also to any navigable waters within
twenty miles thereof between the points of commencement and
termination of the said railway line.

9. The company may also construct, acquire, own, charter
navigate and operate steam and other vessels, barges and ferries 25
on Long Lake and other navigable waters within the vicinity

of the said railway as aforesaid.

Authority to
erect dams,
buildings,
shops on com-
pany's pro-
perty.

10. The company may also acquire, construct, maintain,
own and operate on the property of the company or on pro-
perty controlled by the company tramways, reservoirs, dams, 30
flumes, race and other ways ; water powers, acqueducts, wells,
roads, piers, wharfs, docks, buildings, shops, stamping mills,
electrical and other works and the machinery, plant and appli-
ances of every description necessary therefor, and sell, manu-
facture and deal in all kinds of goods, stores, implements, 35
provisions, chattels. and effects required bj'^ the company or its
workmen or servants in connection with the undertaking
herein.

Smelters.

11. The company may also construct, erect, maintain and

operate smelters, reduction, electrical and other works for the 40

purpose (1) of raising, crushing, washing, roasting, smelting

Transmitting assaying, analysing, reducing, refining, amalgamating and

otherwise treating all kinds of ores, metals, minerals and

and selling
heat, light and
power.

their products ; (2) of transmitting heat, light and power for

any and all of the purposes aforesaid ; (8) of selling and other-
wise disposing of any and all of the said products or any part
thereof or any interest therein.

13. The company may also enter into an agreement with Running ar-
5 the Canadian Pacific Railway Company or any other railway, ^t^^^her^
steamboat, or other company or corporation for leasing to such railways,
company or corporation the railway of the company hereby
incorporated in whole or in part, or any right or power
acquired under this Act, or the company may enter into an

10 agreement with the Canadian Pacific Railway Company or
with any other railway, steamboat, or other company or
corporation for connection with and running powers over any
railway, tramway, waterway and other roads or ways which
are now, or may hereafter be constructed and operated to

15 carry freight, passengers and other traffic to and from mining
camps and elsewhere, upon such terms and conditions as are
agreed upon and subject to such restrictions as to the directors
may seem meet, provided that each such agreement has first
been approved of by two-thirds of the votes of the shareholders

20 at a meeting of the shareholders duly called for the purpose
of considering the same, at which meeting shareholders repre-
senting at least two-thirds in value of the stock are present or *
represented by proxy, and that such agreement has also re-
ceived the sanction of the Lieutenant-Governor-in-Council.

25 13. The company may also construct, equip, work and Telegraph
maintain a telegraph line and telephone lines along the whole ^i°®^-
length of the railway and branches, and may establish offices
for the transmission of messages for the public and collect tolls
for so doing ; and for the purposes of erecting and operating

30 such telegraph and telephone lines the company may enter in-
to a contract with any other company or may lease any of the
company's lines or any portion thereof.

(2) The company may enter into agreements with any other
telegraph or telephone company for the exchange or transmis-

35 of messages, or for the working in whole or in part of the
lines of the company.

(3) No rates or charges shall be demanded or taken from
any person for the transmission of any message by telegraph
or for leasing or using the telegraphs or telephones of the com-

40 pany, until such rates or charges have been approved of by the
Lieutenant-Governor in Council.

(4) The Act respecting Telegraph Companies, being chapter
192 of the Revised Statutes, shall apply to the telegraphic
business of the company.

14. The company may in the operation of the works hereby ^^^^^^
authorized use steam, electricity, compressed air or other ° *^^ power.
motive power.

Bonding
powers.

15. The company may issue bonds, debentures and other
securities to the extent of twenty-five thousand dollars per
mile of the railway and branches and such bonds, debentures
or other securities may be issued only in proportion or other
length of the railway constructed, or under charter to be con-
structed.

Bonding
powt-rs may
be limited to
certain

sections.

Time for com-
meiiceinerit
and com (jI tit-
ion.

Short title.

16. The company may issue bonds, debentures or other
securities authorized to be issued by this Act, separately witti
respect to any specified section of its railway or branch or
extension of its railway, or as to certain sections thereof com- 10
bined, or on the whole line of railway of the company, an<l
such bonds, debentures or other securities if issued, shall, sub-
ject to the provisions contained in section 20 of The Railway
Act of Ontario, form a first charge upon, and be limited to,
the particular branch or extension in respect of which the 15
same are thus respectively issued, and upon the rents and
revenues thereof and upon all the property of the company
appertaining or belonging to such section, branch or extension.

1*7. If the construction of the railway hereby authorized is
not commenced and ten per cent, on the amount of the capital 20
is not expended thereon within three years from the passing
of this Act, or, if the railway is not finished and put in oper-
ation within ten years from the passing of this Act then the
powers granted by this Act shall cease and bo null and void as
respects so much of the railway as then remains uncompleted. 25

18. This Act may be cited as The Superior and James
Bay Railway Company's Act.

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No. 74.]. "DTT.T. [1900.

BILL

An Act to incorporate the Superior and James Bay
Railway Company.

WHEREAS the persons hereinafter named have by their Preamble,
petition prayed that they may be incorporated under
the name of The Superior and James Bay Railway Company,
for the purpose of building a railway between the points
hereinafter named, with the object of promoting mining and
other industries and for the purpose of building smelters, re-
duction and other works for the treatment of ores, metals and
minerals and for the developing of heat, light, electricity and
power and for the purposes hereinafter set forth ; and
whereas it has been represented that the line of the rail-
way of the company, so to be incorporated, will for the
most part be constructed in the unorganized part of the
Province, and will pass through a territory rich in miner-
als, and that the erection of the works hereinbefore named
will teiid greatly to develop the natural resources of the coun-
try through which it is proposed to build the said railway ;
and whereas it is proposed to operate the same by steam or
electricity ; and whereas owing to the location of the line of
the said railway the provisions of The Electric Railway Act
are not applicable to the company so to be incorporated, and the
said petitioners have prayed that there may be conferred upon
them the powers ordinarily given upon the incorporation of a
railway to be operated by ste im ; and whereas for the reasons
aforesaid the circumstances of the said proposed line of rail-
way are exceptional ; and whereas it is expedient to grant the
prayer of the said petition -^

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

1, William Snider, of the town of Waterloo, in the county inoorporati
of Waterloo, miller ; Phelps Johnson, of the city of Montreal,
in the Province of Quebec, civil engineer ; William Ashel John-
son, engineer ; Arthur Burdett Lee, merchant ; Franklin Bates
Poison,, manufacturer, and John Bellamy Miller, lumberman,
all of the City of Toronto, in the County of York, together
with such other persons as shall become shareholders in the
company are hereby incorporated under the name of " The
Superior and James Bay Railway Company," hereinafter
called " the company.''

Provieional
directors.

Location of
line.

Branch lines.

Rev. Stat.
223.

2. The persons named- in section one of this Act, "^ with
power to add to their number, shall be and are hereby
constituted a board of provisional directors of the company, of
whom a majority shall be a quorum, and shall hold office as
such until other directors shall be appointed under the pro-
visions of this Act by the shareholders."^

*^3. The company may lay out, construct and operate a line
of railway in the District of Thunder Bay, in the Province
of Ontario, to be operated by steam or electricity, of a gauge
of four feet eight and one-half inches with either a single or
double track or tracks, from a puint on the north shore of
Lake Superior, at, or near, Rossport on the Canadian Pacific
Railway, thence by the best available route in a general north-
easterly direction passing near Long Lake to a point on James'
Bay at or near the mouth of Albany River or on the said river,
and the company may also lay out, construct and operate
branch lines from convenient points on its main line to mining
camps now, or hereafter, situate within twelve miles of the
said railway line, and also to any navigable waters within
twelve miles thereof between the points of commencement
and termination of the said railway line ; and the said rail-
ways or any part thereof, so far as the same may be operated
by electricity, may be carried along and upon such public
highways as may be authorized by the by-laws of the respect-
ive corporations having jurisdiction over the same and subject
to the restrictions and provisions therein and in this Act con-
tained, and under and subject to any aureenients between the
company and the councils of any of the said corporations and
between the company and the road companies (if any) interested
in such highways ; and the company may make and enter into
any agreements with any municipal corporation or road com-
pany as to the terms of occupancy of any street or highway sub-
ject to the provisions and conditions contained in this Act and
in The Municipal Act.

Smelters, etc. ^4. (1) The Company may also construct, erect, maintain and
operate smelters, reduction, and other works for the purpose
(a) of crushing, washing, roasting, smelting, assaying, analysing
reducing, refining, amalgamating and otherwise treating all
kinds of ores, metals, minerals and their products ; (b) of selling
and otherwise disposing of any and all of the said products or
any part thereof or any interest therein."^*

^(2) Nothing in this Act contained shall be deemed to con-
fer upon the company hereby incorporated any power to enter
upon or take lands for the purposes of this section without the
consent of the owners or occupiers of such lands first had and
obtained, nor shall the compulsory clauses of The Itqbilway
Act of Ontario apply to this section.-s*

Company not
to have ex-
propriatory
powers as to
smelters'

Regulations
as to tolls, etc.

"^"(3) The Lieutenant-Governor in Council may, whenever he
deems expedient, by Order-in-Council, make and prescribe

regulations relating to the operation by the company of the
works in this section mentioned, and relating to the tolls, rates
and charges for the use of such works, and regulating the
maximum and minimum rates,, tolls and charges which the
company shall be entitled to exact for the use of the said -
works.-^^

^^-5. The said board of provisional directors shall have power Powers of
forthwith to open stock books and procure subscriptions of directors!*
stock for the undertaking, and to allot the stock and to receive
payments on account of stock subscribed, and to make calls
upon subscribers in respect to their stock, and to sue for and
recover the same; and to cause plans and surveys to be made,
and to receive for the company any grant, loan, bonus or gift
made to it, or in aid of the undertaking, and to enter into any
agreement respecting the conditions or disposition of any gift
or bonus in aid of the railway, and with all such other powers
as, under The Railway Act of Ontario, are vested in ordinary Rev. Stat,
directors. The said directors or a majority of them, or the "'
board of directors to be elected as hereinafter mentioned, may,
in their discretion, exclude any one from subscribing for stock
who, in their judgment would hinder, delay or prevent the
company from proceeding with and completing their under-
taking under the provisions of this Act, and if at any time a
portion or more than the whole stock shaU have been sub-
scribed, the said provisional directors or board of directors,
shall allocate and apportion it amongst the subscribers as they
shall deem most advantageous and conducive to the further-
ance of the undertaking ; and in such allocation the said direc-
tors may, in their discretion, exclude any one or more of the
said subscribers if, in their judgment, such exclusion will best
secure the building of the said railway ; and all meetings of
the provisional board of directors shall be held at the City of
Toronto, in the County of York, or at such other place as may
best suit the interest of the company."^

"^"G. Conveyances of lands to the company for the purposes of Conveyance of

pany.

and powers given by this Act, made in the form set forth in *° ''^ °°™"

Schedule A., hereunder written, or to the like effect, shall be
sufficient conveyance to the company, their successors and
assigns, of the estate or interest therein mentioned and sufficient
bar of dower, respectively, of all persons executing the same ;
and such conveyances shall be registered in the same manner
and upon such proof of execution as is required under theregistry
laws of Ontario, and no registrar shall be entitled to demand
more than seventy-five cents for registering the same, including
all entries and certificates thereof, and certificates endorsed on
the duplicates thereof.

*®"7. No subscription for stock in the capital of the company SubscriptioDs
shall be binding on the company unless it shall be approved by f^ stock when

resalution of the directors, nor unless ten per centum of the
amount subscribed has been actually paid thereon within one
month after subscription.

^d to rail- ^8. The company may receive from any government, or from
any persons or bodies corporate, municipal or politic, who may
have power to make or grant the same aid towards the construc-
tion, equipment or maintenance of the ?aid railway by way
of gift, bonus or loan of money or debentures or other securities
for money, or by way of guarantee upon such terms and condi-
tions as may be agreed upon.

Oapital stock. 535.9 rj^^^ capital stock of the company hereby incorporated
shall be $1,000,000 (with power to increase the same in the
manner provided by The Railway Act of Ontario), to be
divided into 10,000 shares of $100 each, and shall be raised by
the persons and corporations who may become shareholders in
the company, and the money so raised shall be applied, in the
first place, to the payment of all fees, expenses and disburse-
ments of, and incidental to the passing of this Act, and for
making the surveys, plans and estimates connected with the
works hereby authorized ; and the remainder of said money
shall be applied to the making, equipping, completing and
maintaing of the said railway, and to the other purposes of
this Act."Kji

Rev. Stat.
c. 207.

First election
of directors.

*^10. When and as soon as shares to the amount of $100,000
of capital stock in the said company shall have been subscribed
and ten per centum paid thereon into some chartered bank of
the Dominion, having an office in the Province of Ontario, to
the credit of the company, and which shall on no account be
withdrawn therefrom unless for the services of the company,
the said provisional directors or a majority of them shall call a
general meeting of the shareholders for the purpose of electing
directors of the company, giving at least four weeks' notice of
such meeting by advertisement in The Ontario Gazette and in
at least one newspaper published in the said City of Toronto of
the time, place and purpose of the said meeting.-^

Number of
directors and
quorum.

Rev. Stat.
207.

«s>ll. At such general meeting the shareholders present either
in person or by proxy, who shall at the opening of such meet-
ing have paid up ten per centum on the stock subscribed by
them, shall elect not less than five and not more than nine per-
sons to be directors of the company in manner and qualified as
hereinafter mentioned, who shall constitute a board of directors
and shall hold office until the next general annual meeting, and
a majority of the directors shall form a quorum of the board,
and may pass such rules, regulations and by-laws as may be
deemed expedient and are not inconsistent with this Act and
The I.ailway Act of Ontario; and the said board may employ
and pay one of their number as managing director. =^4

ta-lg. No person shall be qualified to be elected as auchdirec- Qualification
tor by the shareholders unless he is a shareholder holding^ at ^f directors,
least ten shares of stock in the company, and unless he has
paid all calls thereon.-®n

*®-13. The company is hereby authorized and empowered to Power to con-
take and make the surveys and levels of the lands through Beotiansr^ *°
which the said railway is to pass, together with the map or
plan thereof, and of their course and direction, and of the lands
intended to be passed over and taken therefor so far as then
ascertained, and also the book of reference for the railway, and
to deposit the same, as required by the clauses of The RaMway Rev. gt^t.
Act of Ontario and the amendments thereto with respect to c. 207.
plans and surveys, by sections or portions less than the length
of the whole railway authorized, of such length as the com-
pany may from time to time see fit so that no one of such sec-
tions or portions shall be less than ten miles in length ; and
upon such deposit as aforesaid of the map or plan and book
of reference of any and each of such sections or portions of the
said railway, all and every of the clauses of the said Railway
Act and the amendments thereof applied to, included in or
incorporated with this Act, shall apply and extend to any and
each of such sections or portions of the said railway as fully
and effectually as if the surveys and levels had been taken and
made of the lands through which the whole of the said rail-
way is to pass, together with the map or plan of the whole
thereof, and of their whole course and direction, and of the
lands intended to be passed over and taken, and the book of
reference of the whole of said railways had been taken, made,
examined, certified and deposited according to the said clauses
of the said Railway Act and the amendments thereof with
respect to " plans and surveys.'""®*

^14. Aliens and companies incorporated abroad, as well as Rights of
British subjects and corporations, may be shareholders in the * *®°'*
company, and all such shareholders, whether resident in this
Province or elsewhere, shall be entitled to vote on their shares
equally with British subjects, and shall also be eligible for
office as directors in the company."®*

*^15. The directors may from time to time, make calls as Calls on stock,
they shall think fit, provided that no call shall be made at any
one time of more than ten per centum of the amount subscribed
by each shareholder, and thirty days' notice shall be given of
each call, as hereinafter provided in section 17 of this Act."^

*^16. The provisional directors or the elected directors may p^^njent, j^
pay, or agree to pay, in paid up stock or in the bonds of the stock or
company, such sums as they may deem expedient, to engineers bonds,
or contractors, or for right of way, or material, plant or roll-
ing stock, and also, when sanctioned by a vote of the share-
holders at any general meeting, for the services of the pro-

meters or other persons who may be employed by the directors
in furthering the undertaking, or for the purchase of right of
way, material, plant, or rolling stock, whether such pro-
moters or other persons be provisional or elected directors or
not, and any agreement so made shall be binding on the
company.

"SJl

Head office
general
annual meet-
ing.

Special gen-
eral meetings.

Proxies.

*^17. The head office of the company shall be at the said
City of Toronto, and the general annual meeting of the share-
holders of the company shall be held in such place in the said
City of Toronto on such days and at such hours as may be
directed by the by-laws of the company ; and public notice
thereof shall be given at least four weeks previously in The
Ontario Gazette and once a week in one newspaper published
in the said City of Toronto during the four weeks immediately
preceding the week in which such meeting is to take place."®*

^18. Special general meetings of the shareholders of the
company may be held at such places and at such times and in
such manner and for such purposes as may be provided by
thp by-laws of the company, upon such notice as is provided
in the last preceding section."®*

*^19. At all meetings of the company the shareholders thereof
may vote by proxy and the proxy may be appointed in such
manner and by such means as the by-laws of the company may
provide, but no person shall be qualified to be so appointed who
is not himself a shareholder in the company."^^

^20. The directors of the company shall have power to issue
bonds of the company for the purpose of raising money for
prosecuting the said undertaking, but the whole amount of
the issue of such bonds shall not exceed in all the sum of
S20,000 for each mile of the said railway and branches, and
the provisions of sub-sections 19, 20, 21, 22 and 23 of section
9 of The Railway Act of Ontario shall apply to all such bonds
and the issue thereof, and such bonds shall be issued subject
and according to, and in conformity with the provisions of the
said sub -sections."^

^31. All such bonds, debentures and other securities and
coupons and interest warrants therenn respectively, may be
made payable to bearer and transferable bY delivery, and any
holder of any such securities so made payable to bearer, may
sue at law thereon in his own name."®*

Snd?*'' "* '^22. The company shall have power and authority to be-
come parties to promissory notes and bills of exchange for
sums not less than $100, and any such promissory note or bill
of exchange made, accepted or endorsed by the president or
vice-president of the company, and countersigned by the
secretary or treasurer and under the authority of a

Issue of
Bonds.

Rev. Stat.
c. 207.

Bonds, etu.,
how payable.

quorum of the directors shall be binding on the company,
and every such promissory note or bill of exchange so
made shall be presumed to have been made with proper
authority until the contrary be shown, and in no case shall it
be necessary to have the seal of the company affixed to such
pronaissory note or bill of exchange, nor shall the president,
vice-president or the secretary or treasurer be individually
responsible for the same unless the said promissory notes or
bills of exchange have been issued without the sanction and
authority of the directors as herein provided and enacted ; pro-
vided, however, that nothing in this section shall be construed
to authorize the company to issue any promissory note or bill
of exchange payable to bearer, or intended to be circulated as
money, or as the notes or bills of a bank.

*^23. The company may, from time to time, for advances of Mortgaging
money to be made thereon, mortgage or pledge any bonds ^ pledging
which they may be enabled, under the powers of this Act, to
issue for the construction of the said railway."^^

^^34. It shall be lawful for the directors of the company to Agreementa
enter into an agreement or agreements with any other com- '^^*'^ °*^^',
pany or companies, if lawfully authorized to enter into such leasing or
agreements, or with any person or persons, for leasing, hiring, hiring rolling
or use of any locomotives, carriages, rolling stock and other
moveable property from such companies or persons for such
time or times and on such terms as may be agreed on ; and
also to enter into agreements with any railway company or
companies, if so lawfully authorized, for the use ■ by one or
more of such contracting companies of the locomotives, car-
riages, rolling stock and other moveable property of the other
or others of them on such terms as to compensation and other-
wise as may be agreed on."^~*

^25. The company may also construct an electric telegraph Telegraph
line and a telephone line throughout and along the whole line phone ^Hnes
of the railway and the branches thereof or any part of the
said railway or branches and for the purpose of constructing,
working and protecting the said telegraph and telephone lines,
the powers conferred upon telegraph companies by The Act
respecting Telegraph Companies being chapter 192 of the
Revised Statutes of Ontario, 1897, are hereby conferred upon
the company ; provided, that no poles shall be erected in the
construction of eithei of the said lines in or through any city,
town or incorporated village without the consent of the council
of such city, town or village being first obtained by the com-
pany ; and the company may undertake the transmission of
messages for the public by such line or lines of telegraph or
telephone and collect tolls for so doing.

<^26. It shall be lawful for the corporation of any munici- By-law grant-
pality through any part of which the railway of the company frfmuxa^icwi!

passes, or in which it is situate, by by-law especially passed
for that purpose, to exempt the company and its property
within such municipality, either in whole or in part from
municipal assessment or taxation, or to agree to a certain sum
per annum, or otherwise in gross, by way of commutation or
composition for payment, or in lieu of all or any municipal
rates or assessments to be imposed by such municipal corpora-
tion, and for such term of years as such municipal corporation
may deem expedient, not exceeding twenty- one years, and no
such by-law shall be repealed unless in conformity with a con-
dition contained therein.-^*

Gifts of lands. ^"37. Any municipality through which the said railway
may pass or is situate is empowered to grant, by way of gift
to the company, any lands belonging to such municipality, or
over which it may have control, which may be required for
right of way, station grounds or other purposes connected
with the running or traffic of the said railway ; and the said
railway company shall have power to accept gifts of land from
any government, or any person or body, corporate or politic,
and shall have power to sell or otherwise dispose af the same
for the benefit of the company."^

Power to
purchase
whole lots.

Rev. Stat.
0.207.

^38. Whenever it shall be necessary for 'the purpose of pro-
curing sufficient land for stations, or gravel pits, or for con-
structing, maintaining and using the said railway, and in case,
by purchasing the whole of any lot or parcel of land over
which the railway is to run, the company can obtain the
same at a more reasonable price, or to greater advantage
than by purchasing the railway line only the company may
purchase, hold, use and enjoy such lands, and also the right
of way thereto, if the same be separated from their railway
and may sell or convey the same, or any part thereof, from
time to time as they may deem expedient ; but the compul-
sory clauses of The Railway Act of Ontario shall not apply
to this section. "^^

Acquiring
material fur
construction.

Rev. Stat.
0. 207.

"^-39. When stone, gravel, earth or sand is or are required
for the construction or maintenance of said railway or any part
thereof, the company may, in case they cannot agree with the
owner of the lands on which the same are situate for the pur-
chase thereof, cause an Ontario Land Surveyor to make a map
and description of the property so required, and they shall
serve a copy thereof, with their notice of arbitration, as in
case of acquiring the roadway, and the notice of arbitration,
the award and the tender of compensation, shall have the
same effect as in case of arbitration for the roadway ; and all
the provisions of The Railway Act of Ontario, and of this
Act, as to the service of the said notice, arbitration, compen-
sation, deeds, payment of money into court, the right to sell,
the right to convey, and the parties from whom land may be
taken, or who may sell, shall apply to the subject matter o

this section, as to the obtaining materials as aforesaid, and
such proceedings may be liad by the company either for the
right to the fee simple in the land from which said materials
shall be taken, or for the right to take materials for any time
they shall think necessary ; the notice of arbitration, in case
arbitration is resorted to, to state the interest required."^*

^^30. (1) When said gravel, stone, earth, or sand shall be Sidings to
taken under the preceding section of this Act, at a distance ^'^^^ P^ ^*
from the line of railway, the company may lay down the
necessary sidings and tracks over any lands which may
intervene between the railway and the lands on which said
material shall be found, whatever the distance may be ; and
all the provisions of 7%e Railway Act of Ontario and of this Rev. Stat.

• T • . o 207

Act,- except such as relate, to filing plans and publications of *
notice, shall apply and may be used and exercised to obtain
the right of way from the railway to the land on which such
materials are situated ; and such right may be so acquired for
a term of years or permanently, as the company may think
proper ; and the powers in this and the preceding section may
at all times be exercised and used in all respects after the
railway is constructed for the purpose of repairing and main-
taining the said railway."^

*^(2) When estimating the damages for the taking of gravel, ^®^- ^***-
stone, earth or sand, subsection 9 of section 20 of The Railway
Act of Ontario shall not apply."^

*^31. The company shall have power and authority : — -^

^(1) To purchase land for and erect power-houses, ware- Wareheuaes,
houses, elevators, docks, stations, work- shops, machine shops, °° *' ® °'
foundries and offices, and to sell and convey such land as may
be found superflous for any such purpose, and the company
shall have power to build, own, operate and hold as part of the
property of the said company as many steam or other vessels as
the directors of the company may deem requisite from time to
time to facilitate the carriage of passengers, freight and other
traffic in connection with the railway ;'®*

^(2) To erect and maintain all necessary and convenient Erect neces-
buildings, stations, depots, wharves and fixtures, and from wharfT'etc"*'*
time to time to alter, repair or enlarge the same, and to build,
purchase and acquire motors, engines, carriages, waggons and
other machinery and contrivances necessary or convenient for
the working of the railway and the accommodation and use of
the passengers, freight and business of the railway;*^

^3) To construct, maintain and operate works for the pro- Powers as to
duction of electricity for the motive power of the said railways production
and for the lighting and heating the rolling stock and other efectricitv
property of the company ;'®*

*»-(4) To sell or lease any such electricity not required for the Lease or sell
purpose aforesaid to any person or corporation, and the com- ®^°*'*°^'y *»«*
74—2

required for pany in that behalf shall, subject to the provisions and restric-

railway. tions of this Act, possBSS the powers, rights and privileges, and

be subject to all the obligations and restrictions of joint stock

companies incorporated under The Act respecting Companies

Rev. Stat. for supplying Steam, Heat, Electricity or Natural Oas for

0. 200. Heat, Light or Power, and to acquire and hold any property

necessary for tho purposes mentioned in this sub-section ;'®*

Acquiring ^(5) To purchase the right to convey electricity required for
vfying dectri- ^^6 working of the railway and lighting or heating the same
city. over, through or under lands other than the lands of the said

railwa}^ and with the consent of the councils of the munici-
palities affected, to purchase the right to lay conduits under
or erect poles and wires on or over such lands as may be
determined by the company, and along and upon any of the
public highways, or across any of the waters in this Province
by the erection of the necessary fixtures, including posts, piers
or abutments for sustaining the cords or wires of such lines,
or the conduits for such electricity, upon and subject to such
agreement in respect thereof as shall first be made between
the company and any private owners of the land affected, and
between the company and any municipality in which such
works or any part thereof or of the railway may be situate,
and under and subject to any by-law or by-laws of the council
of such municipality passed in pursuance thereof."^

Construction ^32 — (1) The railway of the company shall not be con-
on streets, etc. g^j-^Q^-ed or operated on, upon or along any street, highway or
public place of any municipality until first authorized by an
agreement in respect thereto made between the company and
such municipality, and under and subject to the terms of such
agreement and of this Act and of any by-law or by-laws of
the council of said municipality to be passed in pursuance
thereof ; and in all such cases any and every work, matter or
thing in connection with electricity or other motor power, and
the application and using thereof in so constructing, operat-
ing and working such railway, or the cars, carriages, engines,
motors or machines aforesaid shall be so constructed, erected,
laid down and arranged as to impede or incommode the public
use of such street, highway or public place as little as possible,
and so as not to be a nuisance thereto, nor to interfere with
the free access to any house or other building erected in the
vicinity of the same, and the electric and other appliances shall
be of such an improved manufacture and so placed as to avoid
so far as possible any danger to buildings or other property,
and provided that none of the works or property of the com-
pany shall be so constructed or placed as to injuriously inter-
rupt navigation in any navigable water. "^

ReT. Stat. c. ^(,2) The by-laws mentioned in section 3, sub-section 5 of
223, s. 632. the preceding section and in this section shall be subject to the

conditions and provisions of section G32 of The Municipal

Acf^

f^SS. The company shall have the right on and after the Sdow fences,
first day of November in each year to enter into and upon any
lands of Her Majesty, or into or upon any lands of any corpo-
ration or persons whatsoever, lying along the route or line of
the said railway, and to erect and maintain snow fences there-
on, subject to the payment of such damages (if any) as may
be hereafter established in the manner provided by law in
respect of such railway to have been actually suffered ; pro-
vided always that any such snow fences so erected shall be
removed on or before the first day of April following."^

^"34. The company shall have power to agree for connections Arrangements
and making running arrangements with the Canadian PaciBc jjan Pacific
Railway Company, if lawfully empowered to enter into Railway
such agreements upon terms to be approved by two-thirds •^^'^P^^y*
in value of the shareholders at a special general meeting
to be held for that purpose, and it shall also be lawful for
the said company to enter into an agreement with the said
railway company, if lawfully authorized to enter into such
an agreement for the sale or leasing or hiring of the whole
or any portion of the railway herein authorized or the use
thereof or for the sale or leasing or hiring any locomotives,
tenders, plant or rolling stock or other property or of any part
thereof or touching any service to be rendered by the one
company to the other and the compensation therefor, if the
arrangements and agreements shall be approved of by two-
thirds in value of the shareholders voting in person or by
proxy at a special general meeting to be called for that pur-
pose, and every such agreement shall be valid and binding
according to the terms and tenor thereof, and the company
purchasing, leasing or entering into such an agreement for
using the said railway, may and is hereby authorized to work
the said railway and in the same manner as if incorporated
with its own line ; but nothing in this section shall be con-
strued as purporting or intending to confer rights or powers
upon any company which is not within the legislative authority
of the Province of Oiitario."^

^35. Shares in the capital stock of the company may be Transfer of
transferred by any form of instrument in writing, but no " ^^^^'
transfer shall become effectual unless the stock or scrip cer-
tificates issued in respect of shares intended to be transferred
are surrendered to the compan}^ or the surrender thereof dis-
pensed with by the company.-®''

*^36, The company shall have power to collect and receive Payment of
all charges subject to which goods or commodities may come ^*°^ charges
into their possession, and on payment of such back charges,
and without any formal transfer, shall have the same lien for
the amount thereof upon such goods and commodities as the
person to whom such charges were originally due, and shall be
subrogated by such payment in all the rights and remedies of
such persons for such charges.-®"

of Rev. Stat
c. 207

Incorporation *^37. The provisions of The Electric Railway Act shall not
of provisions apply to the company hereby incorporated but the several
-nj„„ a. gig^yggg q£ The Railway Art of Ontario, and of every Act in
amendment thereof shall be incorporated with, and be deemed
to be part of this Act, and shall apply to the company and to
the railway to be constructed by them, except only so far as
they may be inconsistent with the express enactments hereof ;
and the expression " this Act " when used herein shall be under-
stood to include the clauses of the said Railway Act and of
every Act in amendment thereof so incorporated with this
Act."^

Conimence-
ment and
completion.

*^38 The railway hereby authorized shall be commenced
within three years and finished and put in operation within
seven years after the passing of this Act, and in default thereof
the powers hereby conferred shall absolutely cease with re-
spect to so much of the railway as then remains incomplete."^

'^SCHEDULE A.

{Section 6.)

Know all men by their presents that I (or we) (insert the name or names
of the vendor or vendors) in consideration of

dollars paid to me (or us) by The Superior
and James Bay Railway Company, the receipt whereof is hereby acknow-
ledged, do grant and convey unto the said company, and I (or we) (insert
the name or names of any other party or parties) in consideration of

dollars paid to me (or us) by the said com-
pany, the receipt whereof is hereby acknowledged, do grant and release
all that certain parcels (or those certain parcels, as the case may be) of
land (describe the land) the same having been selected and laid out by the
said company for the purposes of its railway, to hold with the appurten^
ances unto the said The Superior and James Bay Pailway Company, their
successors and assigns forever (here insert any other clauses, covenants
and conditions required), and I (or we) the wife (or wives) of the said

do hereby bar my (or our) dower in
the said lands.

As Witness my (or our) hand and seal (or hands and seals) this
day of , one thousand nine hundred

Signed, sealed and delivered ^
in the presence of I

(L. S.)

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125

No. 75 ] R T r F [1900

BILL.

An Act respecting the Ontario, Belmont and Northern
Railway Company.

WHEREAS, The Ontario, Belmont and Northern Railway Preamble.
Company has, by its petition, prayed that it be enacted
as hereinafter set forth, and it is expedient to grant the prayer of
the said petition :

5 Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario en-
acts as follows :

1. The company may in connection with its railway and for Powers,
the purpose of its business.

10 [a) Acquire lands and erect, use and manage works, man-

ufacture machinery and plant for the generation,
transmission and distribution of electric power and
energy and other motive power.

(b) Build and maintain power houses and stations for the
15 development of electrical force and energy and

other motive power. /

or patent rights for the purpose of the works and
undertakings hereby authorized and again dispose
20 of said rights.

(d) Sell or lease any surplus power which the company may

develop or acquire either as water power or other
motive power or by converting the same into
electricity or other force for the distribution of
25 light, heat or power, or for all purposes for which

electricity or other motive power can be used with
power to transmit the same.

(e) Exercise all the powers of a mining company as set

forth in section 4 of The Ontario Mining Com-
80 panies Incorporation Act.

2. Section 39 of the Act of the company, 54 Victoria, 54 V. c 90,
chapter 90 is hereby amended by striking out the figures ®- ^^' ^'''^'^^ed
$10,000 in the fifth line thereof, and inserting [in lieu thereof
$20,000.

54 V, c. 90,
s. 43, amended

3. Section 43 of the company's Act, Victoria 54, chapter 90,
is hereby amended by adding these words after the Central
Ontario Railway Company on the fourth line thereof, " The
Grand Trunk Railway Company. The Canada Atlantic Rail-
way Company, The Irondale, Bancroft and Ottawa Railway
Company, The Bay of Quinte Railway Company."

Locat'on 4. The company shall have full power to extend its main

Unes^^ °^ line ot railway from a point at or near its present southerly
terminus to a junction with the Ontario and Quebec division
of the Canadian Pacific Railway, and from its present northerly 10
terminus to a junction with The Canada Atlantic Railway
Compan3^ And the company may construct bianch lines or
extensions not exceeding twenty miles in length from-tmy
point at or between the terminal points of the said i ail way,
for the purpose of connecting the said railway with other 15
railways and junction points, and iron or other mines, charcoal
or other wood lands in the counties of Northumberland,
Hastings, Peterborough, and Haliburt' n, unil all the powers
and privileges cenf erred by this and former Acts with respect
to the main line, branche- or extensions, are hereby conferred 20
upon the company with respect to such branch lines or exten-
Appiication of gions And all the provisions of the several Acts relating: to

D'jTlCllTlGf •

powers to the issue of bonds on the security of the railway shall apply
branch lines. t,o such branch lines or extensions as amply as they apply to

the main line, and any agreements made between the said 25
company and municipality entered into by the said main line
branches or extensions, or through which said main line
branches or extensions run are hereby confirmed and declared
to be binding on the several parties thereto according to the
terms thereof. 30

Acquiring
lands.

5. The Ontario, Belmont and Northern Railway Company
may purchase lease or otherwise acquire and sell, mortgage or
otherwise dispose of timber or lands covered with timber, or
lands containing minerals in the vicinity of the said railway,
and along the lines thereof, and may cut and remove the tim- 35
ber and minerals therefrom, and sell and dispose of the same
on such terms and in such manner as they see fit, and after
the removal of such timber and minerals from the said lands,
may sell, lease, or otherwise 'dispose of the said lands on such
terms as to the directors of the said company seem advis- 40
able.

Change of
name.

6. The name of the company is hereby changed from The
Ontario, Belmont and Northern Railway Company to The
Marmora Railway and Mining Company, but such change in
name shall not in any way impair, alter or affect the rights 45
or liabilities of the company, nor in anywise affect any suit
or procedure now pending, or judgment existing either by in
favor of or against the company, which notwithstanding such
change in the name of the company may be prosecuted or con-

tinued and completed and enforced as if this Act had not
been passed.

7 - Notwithstanding anything contained in the Acts relating Annual meet-
to the company or any other Aet, the annual general meeting '°^"
5 meeting of the shareholders of the company for the election
of directors and other general purposes shall be held in
Toronto, or such other place as may from time to time be
appointed by by-law of the company, on the first Monday of
March in each year, and public notice thereof shall be given
10 four weeks previously by publication in the Ontario Gazette

8. Special general meetings of the shareholder^ of the com- Special meet-
pany may be held at such places and at such times and in such ^°^^'
manner, and for such purposes as may be provided by the by-
laws of the company, and notice of such meetings shall be given

15 in the manner prescribed by the next preceding section,

9, The time for the completion of the said railway branches Time
and extensions of the company is hereby extended for a period extended,
of six years from the date of the passing of this Act.

5" ^

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Or

^°- "1 BILL '''''■

An Act respecting the Ontario, Belmont and Northern
Eailway Company.

WHEREAS, The Ontario, Belmont and Northern Railway Preamble.
Company has, by its petition, prayed that the Act of
incorporation of the said Company pass- d in the 54th year of
Her Majesty's reign, chaptered 90, and the amending Act
passed in the 59th year of Her Majesty's reign, chaptered 106
be further amended and that the Company be empowered to
extend its main line of railway from a point at or near its
present southerly terminus to a junction with the Ontario
and Quebec Division of the Canadian Pacific Railway, and from
its present northerly terminus to a junction with the Canada
Atlantic Railway Company, and also to construct branch lines
to connect its railway with other railways, junction points
and mines and mineral lands, and to extend the time for the
completion of the main line of said railway and the branches
thereof already authorized, and for the other purposes herein-
after set forth ; and it has been represented that the line of
the railway of the company will for the most part be con-
structed in a sparsely settled and undeveloped portion of the
Province, and will pass through a territory rich in minerals,
and that the erection of the works contemplated by the com-
pany will tend to develop the natural resources of the country
through which it is proposed to build the said railway ; and
whereas, it is proposed to operate the same by steam or
electricity; and whereas, owing to the location of the line of
the said railway the provisions of The Electric Railway Act
are not applicable ; and whereas, for the reasons aforesaid the
circumstances of the case are exceptional ; and whereas, it is
expedient to grant the prayer of the said petition ;

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario en-
acts as follows :

1. Section 39 *^of chapter 90"®* of the Acts ^passed in the 54 V. o. 90, •.
54th year of Her Majesty 's reign, intituled An Act to incor- ' *^^^ * "
porate the Ontario, Belmont and Northern Railway Com-
pany,"^ is hereby amended by striking out the figures Si 0,000

in the fifth line thereof, and inserting in lieu thereof the
figures $20,000.

2. Section 43 of the said Act is hereby amended by adding 54 v. c. 90,
a/ter the words the " Central Ontario Railway Company in *• ^^' *™'^'^<^«<*

the fourth line thereof, the words "The Grand Trunk Rail-
way Company of Canada, The Canada Atlantic Railway Com-
pany, The Irondale, Bancroft and Ottawa Railway Company,
The Bay of Quinte Railway Company."

Location 3. The company shall have full power to extend its main

lines" ° ^^^^ of railway from a point at or near its present southerly

terminus 's-in the township of Marmora, in the county of
Hastings'^ to a junction with the Ontario and Quebec divis-
ion of the Canadian Pacific Railway, ^^at some point on the
line of the said railway in the township of Rawdon in the said
county of Hastings,"^ and from its present northerly terminus
*^at the village of Baysville, in the township of McLean, in
the district of M nskoka,-^3'to a junction with The Canada At-
lantic Railway Company, ^passing through the townships of
Brunei, Stephenson, Chaffey and Stisted in the district of
Muskoka, and the townships of Perry and McMurrich, in the
district of Parry Sound.*^ And the company may construct
blanch lines or extensions, not exceeding twelve miles in
length, from any point at or between the terminal points of
the said railway, for the purpose of connecting the said rail-
way with^the railways mentioned in said section 48 of the
company's Act of incorporation and in this and the pre-
ceding section,-®!' and with iron or other mines, charcoal
or other wood lands in the counties of Northumberland,
Hastings, Peterborough, and Haliburtcn, :ind all the powers
and privileges conferred by this and former Acts with respect
to the main line, branches or extensions, are hereby conferred
upon the company with respect to such branch lines or exten-
AppHcation of sions And all the provisions of the several Acts relating to
powerTto ^^® issue of bonds on the security of the railway shall apply
branch lines, to such branch lines or extensions as amply as they apply to
the main line.

hi^hwa T °" '^.4. The said railways, or any part thereof, so far as the same
may be operated by electricity, may be carried along and
upon such public highways as may be authorized by the by-
laws of the respective corporations having jurisdiction over
the same and subject to the restrictions and provisions therein
and in this Act contnined, and under and subject to any
agreements between the company and the councils of any of
the said corporations and between the company and the roid
companies (if an}') interested in such highways ; and the com-
pany may make and enter into any agreements with any
municipal corporation or road company as to the terms of
occupancy of any street or highway subject to the provisions

„ Q and conditions contained in this Act and in The Municipal

0. 223. ' Act.

Mining ^"5. (1) The company may exercise all the powers of a

powers. mining company as set forth in Section 4 of The Ontario Min-

c.%7. ^''^9 Companies Incorporation Act, but none of the other pro-

visions contained in the said Act shall apply to the said
company.

^(2) Nothing in this Act contained shall be deemed to
confer upon the company any power to enter upon or take
lands for the purposes of this section without the consent of
the owners or occupiers of such lands tirst had and obtained,
nor shall the compulsory clauses of The Railway Act o/^X:^***-
Ontario apply to this section

^(3) The Lieutenant Governor in Council may, whenever
he deems expedient, by Order in Council, make and prescribe
regulations relating to the operation by the company of
smelters, reduction and other works for the purpose of crush-
ing, washing, roasting, smelting, assaying, analyzing, reducing,
redning, amalgamating and otherwise treating all kinds of
ores, metals, minerals and their products, and relating to the
tolls, rates and charges for the use of such works and regulat-
ing the maximum and minimum rates, tolls and charges which
the company shall be entitled to exact for the use of the said
works.

^6. The company shall have power and authority : — General

«s,(l) To purchase land for and erect power-houses, ware- Warehouses,
houses, elevat(jrs, docks, stations, work shops, machine shops, ^^^^^' ®*^-
foundries and offices, and to sell and convey such land as may
be found superfluous for any such purpose, and the company
shall have power to build, own, operate and hold as part of the
property of the said company as many steam or other vessels
as the directors of the company may deem requisite from time
to time to facilitate the carriage of passengers, freight and
other traffic in connection with the railway ;

*^(2) To erect and maintain all necessary and convenient Erect neces-
buildings, stations, depots, wliarves and fixtures, and from ^^P buildings

, . , , • i 1 J ^ . , , , ' 1 . , 1 wharfs, etc.

time to time to alter, repair or enlarge the same, and to build,
purchase and acquire motors, engines, carriages, waggons and
other machinery and contrivances necessary or convenient for
the working of the railway and the accommodation and use of
the passengers, freight and business of the railway :

^^(3) To construct, maintain and operate works for the pro- Powers as to
duction of electricity for the motive power of the said railways and^use'of°
and for the lighting and heating the rolling stock and other electricity,
property of the company ;

^^(4) To sell or lease any such electricity not required for the Lease or sell
purpose aforesaid to any person or corporation, and the com- elec^city not
pany in that behalf shall, subject to the provisions and restric- railway,
tions of this Act, posse.^s the powers, rights and privileges, and
be subject to all the obligations and restrictions of jcnnt stock
companies incurpurated under The Act respfcting Govipanies Rev. Stat,
fur supplying Steam, Heat, Electricity or Nattiral Gas for °- 2^^-
Heat, Light or Power, and to acquire and hold any property

necessary for the purposes mentioned in this sub-section ;

Acquiring ^(5) To purchase the right to convey electricity required for
conve/ing ^^^ working of the railway and lighting or heating the same
electiicity. ovei , through 01 Under lands other than the lands of the said
railway, and with the consent of the councils of the munici-
palities affected, to j^urchase. the right to lay conduit-s under,
or eiect poles and wires on or over such lands as may be
determined by the company, and along and upon any of the
public highways, or across any of tlie waters in this Province
by the erection of the necessary fixtures, including posts, piers
or abutments for sustaining the cords or w ires of such lines,
or the conduits for such electricity, upon and subject to such
agreement in respect thereof as shall first be made between
the company and any private owners of the land affected, and
between the company and any municipality in whicli such
works or any part thereof or of the railway may be situate,
and under and subject to any by-law or by-laws of the council
of such municipality passed in pursuance thereof. "^^

Construction ^-7. — (1) The railway of the company shall not be constructed
on streets, etc. / j 1 /ii-i it

or operated on-, upon or along any street, highway or public

place of any municipality until first authorized by an agree-
ment in respect thereto made betvveen the company and such
municipality, and under and subject to the terms of such agree-
ment and of this Act and of any by-law or by-laws of the
council of said municipality to be passed in pursuance thereof;
and in all such cases any and every work, matter or thing in
connection with electricity or other motor power, and the appli-
cation and using thereof in so constructing, operating and
working such railway, or the cars, carriages, engines, motors or
machines aforesaid shall be so constructed, erected, laid down
and arranged as to impede or incommode the public use of euch
street, highway or public place as little as possible, and so as
not to be a nuisance thereto, nor to interfere with the free
access to any house or other building erected in the vicinity of
the same, and the electric and other appliances shall be of such
an improved manufacture and so placed as to avoid so far as
possible any danger to buildings or other property, and pro-
vided that none of the works or property of the company shall
be so constructed or placed as to injuriously interrupt navi-
gation in any navigable water. "^

*®>(2) The by-laws mentioned in section 4, subsection 5 of the
preceding section and this section shall be subject to the con-
ditions and provisions of section 632 of Tke Municipal Aet."^

name.

Change of ^Tg fhe name of the company is hereby changed from The
Ontario, Belmont and Northern Railway Company to The
Marmora Railway and Mining Company, but such change in
name shall not in any way impair, alter or affect the rights or
liabilities of the company, nor in anywise affect any suit or
procedure now pending, or judgment existing either by, in

favor of or against the company, which notwithstanding such
change in the name of the company may be prosecuted or con-
tinued and completed and enforced as if this Act had not been
passed.'^

^^9. The provisions of The Electric Railway Act shall not Incorporation

apply to the company hereby incorporated but the several "f Kevl'stat.

clauses of The Railway Act of Ontario, and of every Act in o 207.

amendment thereof shall be incorporated with, and be deemed

to be part of this Act, and shall apply to the company and bo

the railway to be constructed by them, except only so far as

they may be inconsistent with the express enactments hereof ;

and the expression " this Act," when used herein shall be

understood to include the clauses of the said Railway Act and

of every Act in amendment thereof so incorporated with

this Act."^

'S'lO. The time for the completion of the said railway and Time
branches and extensions thereof is hereby extended for a period ^^^^^ ^ '
of six years from the date of the passing of this Act."^

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^°-^«-^ BILL. f^'"'-

An Act respecting the Municipality of Neebing.

WHEREAS the municipal corporation of the municipality preamble,
of Neebing has by its petition prayed that all its
assessment rolls as heretofore finally revised, and all sales
of lands for taxes heretofore held by the municipality of
5 Neebing, and all purchases and sales by the municipality of
Neebing made pursuant to sub-section 3 of chapter 224 of
the Revised Statutes of Ontario, 1897, be confirmed and
validated ; and whereas it is expedient to grant the prayer of
the said petition ;

10 Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows :.

1. All assessment rolls of the corporation of the munici- roifr*™^"
pality of Neebing heretofore finally revised, are hereby con- confirmed.

15 firmed and validated and declared to be legal, valid and
binding upon all parties or persons affected thereby.

2. All sales by the corporation of the municipality of crafirmed.
Neebing held before the first day of January, 1899, for
arrears of taxes, and all deeds executed and delivered by

20 the corporation of the municipality of Neebing or its offi-
cials in pursuance of such sales, are hereby validated and
confirmed and made legal and binding upon all parties or
persons affected thereby.

3. All purchases and sales by the corporation of the ^^^^ "°^^'\,
25 municipality of Neebing made pursuant to sub-section 3 of Lc. 184, cap.

section 184, chapter 224, of the Revised Statutes of Ontario, 22^^^^^}^-
and all deeds of the corporation of the municipality '^"° '^™
of Neebing or its officials, in pursuance of such purchases
and sales, are hereby declared to be legal and binding upon
30 all;jiparties or persons affected by such purchases and sales.

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^"- "-^ BILL. ^''''-

An Act to authorize the Supreme Court of Judicature
for Ontario to admit Alexander Jarvis McComber
to practise in said Court as a Solicitor.

WHEREAS Alexander Jarvis McComber, o£ the town of Preamble.
Port Arthur in the district of Thunder Bay, gentleman,
has by his petition represented that in or about the month of
October in the year 1887 he entered the office of Thomas
5 Ambrose Gorham, Crown Attorney, a practising solicitor at
Port Arthur aforesaid, but that owing to financial reasons and
other circumstances over which he, the said Alexander Jarvis
McComber, had no control, he was unable to enter himself on
the books of the Law Society as a student ; that not withstand -

10 ing said reasons and circumstances he continued his services
as such clerk to the said Thomas Ambrose Gorham up to the
month of February, 1900 ; that during the five years preced-
ing the said month of February he carried on as such clerk
the management of a large law business in the office of the

15 said Thomas Ambrose Gorham and thereby gained such an
education in the law aad practice of the courts as he believes
will enable him to pass the final examination prescribed by
the Law Society for the admission of solicitors ; and whereas
it has been shown that the said Alexander Jarvis McComber

20 is otherwise a proper person to be admitted as a solicitor on
his passing such examination ; and whereas the said Alexander
Jarvis McComber has petitioned that an Act may be passed to
authorize the Supreme Court of Judicature for Ontario to
admit him to practise in said court as a solicitor upon his

25 passing such final examination as may be prescribed by the
said Law Society ; and whereas it is expedient to grant the
said petition.

Therefore her majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario enacts
30 as follows : —

It shall and may be lawful for the Supreme Court of Judi- A. J. McCom

bar to be ad-

cature for Ontario, at any time hereafter, to admit the said mitted

as a

Alexander Jarvis McComber to practise as a solicitor of the member of
said court upon his paying the proper fees in that behalf and "" Society.
35 passing at any time or times the final examination for admis-

sion prescribed hy the rules of the Law Society of Upper
Canada without his compliance with any other requirement or
provision of the law or other rules and regulations of the said
Law Society in that behalf, any law, custom or usa^e to the
contrary notwithstanding.

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^" " ' BILL

[1900.

An Act to authorize the '^Law Society of Upper
Canada-^to admit Alexander Jarvis McComber to
practise as a Solicitor.

WHEREAS Alexander Jarvis McComber, of the town of Preamble.
Port Arthur in the district of Thunder Bay, gentleman,
has by his petition represented that in or about the month of
October in the year 1887 he entered the office of Thomas
Ambrose Gorham, Crown Attorney, a practising solicitor at
Port Arthur aforesaid, but that owing to financial reasons and
other circumstances over which he, the said Alexander Jarvis
McComber, had no control, he was unable to enter himself on
the books of the Law Society as a student ; that notwithstand-
ing said reasons and circumstances he continued his services
as such clerk to the said Thomas Ambrose Gorham up to the
month of February, 1900 ; that during the five years preced-
ing the said month of February he carried on as such clerk
the management of a large law business in the office of the
said Thomas Ambrose Gorham and thereby gained such an
education in the law and practice of the courts as he believes
will enable him to pass the final examination prescribed by
the Law Society for the admission of solicitors ; and whereas
it has been shown that the said Alexander Jarvis McComber
is otherwise a proper person to be admitted as a solicitor on
his passing such examination ; and whereas the said Alexander
Jarvis McComber has petitioned that an Act may be passed to
authorize the Supreme Court of Judicature for Ontario to
admit him to practise in said court as a solicitor upon bis
passing such final examination as may be prescribed by the
said Law Society ; and whereas it is expedient to grant the
said petition.

Therefore her majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario enacts
as follows : —

It shall and may be lawful for the ^Law Society of Upper A. J. McCom-
Canada'^at any time hereafter, to admit the said Alexander ^^tte^^ag^'
Jarvis McComber to practise as a solicitor in said court upon member of
his paying the proper fee in that behalf and on passing^such ^*^ Society,
examination as may be prescribed by the said Society and
without complying with any other requirements of the law or
any other rules or regulations of the said Society in that
behalf."^

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No. 78.] T)TT T [1900.

BILL

An Act respecting the Consumers' Gas Company and
other matters pertaining to the City of Toronto.

WHEREAS the municipal corporation of the city of Preamble.
Toronto, has, by its petition, prayed for special legisla-
tion in respect of the several matters herein set forth ; and
whereas it is expedient to grant the prayer of the said peti-
5 tion: —

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

1 Whereas in an action of " Laidlaw vs. Lear " in the High Permission
10 Court of Justice for Ontario, an injunction was awarded to K'^anted to
the plaintiffs restraining the defendant, E. A. Macdonald, from fe'tters. ^^^ ^'°
publishing certain letters therein mentioned, upon the grounds
set out in the case as reported in volume 30 of the Ontario re-
ports, and the publication of such letters now is deemed to be
15 in the public interest, permission is hereby given to the said
E. A. Macdonald to publish the said letters.

2. Section 6 of the Act passed by this Legislature, in the 50 Vic, o. 85,
fiftieth year of the reign of Her Majesty, and chaptered 85, ^' ^' ^^^pe^^ed.
extending the powers of the Consumers' Gas Company, of
20 Toronto, is repealed, and the following inserted in lieu
thereof : —

(6) " There shall be created and maintained by the company Plant and
out of the earnings of the company another fund to be called newaHund^
the Plant and Buildings Renewal Fund, to which fund shall

25 be placed each year such sum as may be found necessary, not
exceeding the sum of five per cent, on the value of the plant
and buildings in use by the company, at the end of the then
fiscal year of the company, and all usual and ordinary works,
increase of plant, improvements, renewals and repairs, shall be

30 charged against this fund. Any balance remaining in this
fund, at the conclusion of any fiscal year, beyond the sum
of two and one-half per cent, on the value of the said
plant and buildings, shall be transferred forthwith to the Rest
and Reserve Fund or to the Special Surplus Account, as may

36 be proper under the provisions of this Act.

If, at any time, the corporation of the city of Toronto is not
satisfied with the value placed upon the plant and buildings in
use by the company, they shall have the right to have the
salne valued by three valuators, one to be selected by the gas
company, another by the city of Toronto, and a third to be 5
appointed by the Attorney-General, for the time being, of the
Province of Ontario, who shall forthwith after their appoint-
ment proceed to and ascertain the proper value to be placed
upon the said plant and buildings in use by the company ; and
the value so ascertained by the said persons so appointed shall 10
be forthwith accepted by the company as the proper value
thereof. The fees of such valuators are to be paid one half
by the company and one half by the said corporation."

66 V. c. 99, 3. The Act passed by this Legislature in the fifty-fifth year

amended. q£ ^]^g reign of Her Majesty, and chaptered 99, incorporating 15

the Toronto Railway Company, is amended by adding thereto

the following sections : —

(38) In case the company refuse or neglect to establish and
lay down new lines, and to extend the tracks and street car
service on such streets as may be from time to time recom- 20
mended by the city engineer and approved of by the city
council, as is provided by section 14 of the conditions attached

to the agreement hereto annexed, the city council may, besides
having the right to grant the privilege of establishing and
laying down any such new lines, or to extend the tracks and 25
services on any street or streets to any other person or com-
pany, be at liberty to lay down any such new lines, and to
open the same for trafiic, and to extend the tracks and services
on any street or streets and thereafter to operate any such
line or lines." 30

(39) In the event of the company allowing their cars to be
overcrowded, the city may, in addition to the other remedies
provided by law, construct and operate additional lines to
accommodate the passengers who may require the use of street
cars." 35

(30) In the event of the said company neglecting or refusing
to carry out the provisions of this Act, or the provisions of the
agreement and conditions attached thereto, the company shall,
in addition to the other remedies provided by law, be liable to
pay to the city for any neglect or refusal to carry out the pro- 40
visions of each of the following sections of the said Acts,
agreement or conditions, the sums or amounts set opposite to
the number of such sections respectively as hereunder set out.

" Section 25 of Statute, - $5 for £ach offence.

" 26 of Agreement, 5 for each offence. 45

" 28 of " 100 per day during each offence.

" 31 of " 100 per day during each offence.

Section 10 of Conditions, 100 per day during refusal or neg-
lect after notice by city engineer

" $100 per day for each offence.

" 1 00 per day during refusal or neglect.

" 100 per day for each offence.

" 100 per day for each offence,

" 10 for each offence.

10 " 28 of " 10

10
10

10 " :'
10
15 " 36 of " 10 per car for each offence.

" 10 for each offence.

" 10 per car for each offence.

" 10 for each offence.

20 " 44 of " 100 per day until delivered.

" 10 per day.

to be recovered in any court having jurisdiction, up to the
amount thereof. Such sums or amounts are hereby declared
to be in the nature of liquidated damages, and shall be so held
25 in any action for the recovery thereof. Section 46 of the con-
ditions shall not be enforced or enforceable.

" 13 of

" 14 of

" 15 of

" 16 of

" 27 of

" 28 of

" 31 of

" 32 of

" 33 of

" 34 of

" 36 of

" 37 of

" 38 of

" 39 of

" 41 of

" 44 of

" 47 of

(31) The said company shall have at least two men on duty
upon each car operated upon the city's streets and engaged in
the operation thereof."

30 4. The corporation of the city of Toronto is hereby author- Royal Grena-
ized to pay the account of the Royal Grenadiers' band, for ^^^'^^j^ ^°^ *^"
$87.50, for their services at a school children's concert held in ized.
connection with Her Majesty's diamond jubilee in the year
1897.

35 5. The said corporation is also authorized to pay the account j^ g. Ellis &
of the J. E. Ellis Company, Limited, for $69.75, for a field Co., Limited,
glass presented to the Mail & Empire war correspondent when field"<?lass"
he accompanied the first contingent to South Africa in the authorized,
year 1899.

40 6. Notwithstanding the dedication by by-law number 2311, Cattle market
passed by the council of the said corporation on the 29th of ^'*®'
April, 1889, the said corporation is hereby authorized to use
for the purposes of a cattle market such part of the park
thereby dedicated and known as Stanley park as lies between

45 King street and Wellington avenue, or so much thereof as the
council of the said corporation may determine.

7. The corporation of the city of Toronto is hereby author- Agreements as
ized to enter into agreements with per-^ons, partnerships or *° ^'s^^tnc

companies, to supply the city with electric energy from any

energy.

point within one hundred miles of the city, and to erect, con-
struct or lay down poles, wires, conduits or other proper appli-
ances for conducting such electric energy from such point of
supply to the city of Toronto, through any intermediate muni-
cipality, and the said corporation is also authorized to develop 5
any such power, and then have it transmitted to the said city.

Debentures for g "phe council of the said corporation may, without sub-
market build- mitting the same to the ratepayers qualified to vote on money
ing now by-laws, pass such by-laws as may from time to time be neces

$50,000, sary to authorize an issue of " City of Toronto Consolidated 10

Loan Debentures," to such amount not exceeding $50,000, as
may be necessary for the purpose of completing the St. Law-
rence market building, and for such purpose may issue any
number of debentures, payable in this Province or elsewhere,
in sums of not less than $100 each, which may be payable at 15
any time within forty years from the respective dates thereof,
with interest thereon in the meantime at a rate not exceeding
four per cent, per annum, payable half-yearly, and for the
purposes of redeeming the said debentures and paying the
interest thereon the council of the said corporation may in any 20
by-law or by-laws to be passed authorizing any such loan or
loans, or any part thereof, and the issue ot debentures therefor,
impose a special rate per annum upon all rateable, real and
personal property in the said municipality, over and above and
in addition to all other rates to be levied in each year, which 25
shall be sufficient over and above the interest payable on such
debentures to form a sinking fund to pay oft the said deben-
tures at maturity.

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ecting th
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No. 78.] "DTT T t^^^^-

BILL.

An Act respecting certain matters pertaining to the
City of Toronto.

WHEREAS the Municipal Corporation of the City of Preamble.
Toronto, has, by its petition, prayed for special legisla-
tion in respect of the several matters herein set forth ; and
whereas it is expedient to grant the prayer of the said peti-
tion : —

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. The Act passed by this Legislature in the fifty-fifth year
of the reign of Her Majesty, and chaptered 99, incorporating
the Toronto Railway Company, is amended by adding thereto
the following section : —

"28 " In case of neglect or failure either on the part of Enforcing
" the Toronto Rail way Company or on the part of the Cor- agreements,
" poration of the" City of Toronto, to perform any ofthe cove- Toronto Rail-
" nants, agree-ments, obligations or provisions contained in the ^*Ji.u°^?f°^
" said Act, and in the said agreement and conditions incorpor- of'Toronto.
" ated therewith, and in case either the Corporation of the
" City of Toronto or the Toronto Railway Company shall bring
" an action to compel the performance of or to restrain the vio-
" lation of any of the said covenants, obligations, agreements
'■ or provisions, the Court before whom the action shall be
" tried shall enquire into any such alleged breach, and the
" nature and extent thereof, and shall make such order as may
" be necessary in the interests of justice to enforce a substantial
" compliance with the said Act, agreement and conditions, and
" may enforce the same by the order and injunction of the
" Court."

3. The corporation of the city of Toronto is hereby author-
ized to pay the account of the Royal Grenadiers' band, for ^ier^ band°ac-
$87.50, for their services at a school children's concert held in count author-
connection with Her Majesty's diamond jubilee in the year
1897.

3. The said corporation is also authorized to pay the account J. E. Ellis &
of the J. E. Ellis Company, Limited, for $69.75, for a field ^'couS'^'

field glass glass presented to the Mail & Empire war correspondent when
authorized. ^^ accompanied the first contingent to South Africa in the
year 1899.

Debenturesfor 4. The council o£ the said corporation may, without sub-
markerbuilT- i^it'^iiig ^^^ Same to the ratepayers qualified to vote on money
ing now by-laws, pass such by-laws as may from time to time be neces

Iso^ooo'^^ sary to authorize an issue of " City of Toronto Consolidated
Loan Debentures," to such amount not exceeding $50,000, as
may be necessary for the purpose of completing the St. Law-
rence Market Build ing, fS and the works authorized by by-law
3621 of the Corporation of the City of TorontOj-^^and for such
purpose may issue any number of debentures, payable in
this Province or elsewhere, in sums of not less than
$100 each, which may be payable at any time within
forty years from the respective dates thereof, with ^in-
terest thereon in the meantime at a rate not exceeding
four per cent, per annum, payable half-yearly, and for the
purposes of redeeming the said debentures and paying the
interest thereon the council of the said corporation may in any
by-law or by-laws to be passed authorizing any such loan or
loans, or any part thereof, and the issue ot debentures therefor,
impose a special rate per annum upon all rateable, real and
personal property in the said municipality, over and above and
in addition to all other rates to be levied in each year, which
shall be suflScient over and above the interest payable on such
debentures to form a sinking fund to pay ofi the said deben-
tures at maturity.

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No. 79.] T>TT T [190^-

BILL.

An Act respecting The Mortgage Corporation.

WHEREAS the Canada Permanent and Western Canada preamble.
Mortgage Corporation (hereinafter called the " Mort-
gage Corporation ") was incorporated by an Act of the Parlia-
ment of Canada, being cap. 101 of the Statutes of 1899, entitled
5 An Act to incorporate The Canada Permanent and Western
Canada Mortgage Corporation, whereby it was provided that
the Mortgage Corporation might acquire and undertake the
whole or any part of the business, property and liabilities, and
the name and good-will of The Canada Permanent Loan and

10 Savings Company, the Western Canada Loan and Savings
Company, The Freehold Loan and Savings Company and The
London and Ontario Investment Company, Limited (herein-
inafter called the "selling companies ; ") and whereas the Mort-
gage Corporation and the selling companies are about to enter

15 into agreements for* the purchase and sale of the business, prop-
erty and liabilities, and the name and good-will of each of the
respective selling companies ; and whereas the said Mortgage
Corporation and the selling companies are desirous that the
agreements between them respectively should be confirmed

20 and validated, and that the business, property, franchise, name
and good- will of each of the said respective selling companies
should be transferred to and vested in the said Mortgage Cor-
poration to its own use absolutely ; and whereas it is expedient
to confirm, validate, transfer and vest accordingly.

25 Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows :

1. When an agreement to the effect of the agreement set Purchase of
out in the schedule hereto between the said Morts^age Corpora- ^^^^f> ^^*^'. "*

, „ ,, ., ,. ,,. " ^ . t, „ amalg-amatioa

30 tion and any or the said respective selling companies shall company,
have been executed by the said Mortgage Corporation and the
selling company party to the agreement and shall have been
ratified by the shareholders of the selling company, such agree-
ment shall be held to have been by this Act ratified, confirmed

35 and validated so that the said agreement shall as from the day
of the date of the said ratification of such agreement have the
effect of granting, assigning, transferring and setting over unto
the said Mortgage Corporation, its successors and assigns, all
the assets, interests, rights, franchises, credits, effects and prop-

erty, real, personal and mixed, of whatsoever kind and where-
soever situate, of or belonging to the said selling company or
to which the said selling company is or shall thereafter be or
become entitled, and shall also have the effect of transferring
to and imposing upon the said Mortgage Corporation the lia-
bilities, debts and duties of the said selling company.

Assets of cer-
tain loan com. ,
panies trans- and
f erred to
Mortgage
Corporation.

Ji. All the assets, interests, rights, franchises, credits, effects
property, real, personal and mixed, of whatsoever kind

and wheresoever situate, belonging to the said respective sell-
ing companies or to which they are or may be or become en-
titled, shall upon and frorti the said ratification of the said
agreements as aforesaid be transferred to and vested in the
said Mortgage Corporation, its successors and assigns, to its
and their own use absolutely for all the estate, right, title,
interest, claims, properties and demands which the said re- 15
spective selling companies had or were entitled to have at the
date of the said ratification of the said agreements or to which
the said respective selling companies may thereafter at any
time be or become entitled, and the said Mortgage Corporation
shall upon the said ratification of the said agreements have
and is hereby empowered to thereupon exercise all the powers,
rights and privileges in relation to the said assets, interests,
rights, franchises, credits, effects and property, real, personal
and mixed, of whatsoever kind and wheresoever situate, as the
said respective selling companies had or might have had, and 25
no suit, action or proceedins being carried on or power being
exercised shall be discontinued or abated by or on account of
this Act, but the same may continue in the name of the sell-
ing company originally party to the suit, action or proceeding,
and the said Mortgage Corporation shall have the same rights 3Q
and remedies and be subject to the same liabilities, debts and
duties, and shall pay and receive the like costs as if the suits,
actions or proceedings had been commenced or defended in the
name of the said Mortgage Corporation.

Certificate of
registration.

3. Upon proof to the satisfaction of the Registrar of Loan 35
Corporations that the agreement between any of the said sell-
ing companies and the Mortgage Corporation has been execut-
ed and ratified as aforesaid a certificate shall be issued by the
Minister under whose direction The Loan Corporations Act
is administered certifying to such execution and ratification 40
and to the transfer and vesting of the said assets, interests,
rights franchises, credits, effects and property, real, personal
and mixed of whatsoever kind and wheresoever. situate of the
selling company party to the agreement to and in the said
Mortgage Corporation its successors and assigns to its and 45
their own use absolutely and also to the transfer to and impo-
sition upon the said Mortgage Corporation its successors and
assigns of the liabilities, debts and duties of such sellirig com-
pany and such certificates shall be final and conclusive not
only of all matters certified or declared to therein but also of 50

the due performance and execution of all conditions, matters
and things precedent or preliminary to such certificate.

4. Nothing in this Act shall impair or affect the rights of Rights of
any creditor of the said respective selling companies or either preserved.

5 of them or of the said Mortgage Corporation.

5. Notwithstanding anything contained in The Registry Registration of
Act or The Land Titles Act or any other Act of the Province ^°^*'^"""®°^^-
the registrars of the several Registry Divisions and the

Master of Titles and Local Masters of Titles are upon receiv-

10 ing a copy of the said certificate of the aforesaid minister
certified to be a true copy by the signature or by writing pur-
porting to be the signature of The Corporation Registrar of
Loan Corporations hereby authorized and directed to receive
and accept and recognize such copy of certificate as a grant,

15 conveyance transfer or assignment of any lands or interest in
lands or of any mortgages or encumbrances or of any other pro-
perty of any description or of any instrument respectively
included or intended to be included in the aforesaid agree-
ments between the selling company and the said Mortgage

20 Corporation at the date of the said ratification of the said
agreement or thereafter standing in the name or vested in the
selling company and it shall be sufficient once for all to regis-
ter a copy certified as aforesaid of the said certificate on the
General Register of each Registry Division in which instru-

25 ments affecting lands or interests in lands included or intended
to be included in the said transfer from the selling company
to the said Mortgage Corporation are registered and it shall
not be necessary to register or file any further or other instru-
ment or document to show the transmission of title from the

30 selling company to the Mortgage Corporation and it shall not
be necessary in any discharge of mortgage or other instrument
to recite or set out such transmission of title. The fee payable
to the registrar or to the Master of Titles or the Local Master
of Titles as the case may be upon the deposit with him of such

35 copy of certificate shall be one dollar.

SCHEDULE.

This agreement made the day of between the

company (hereinafter called the vendor) of. the one part and the Canada
Permanent and Western Canada Mortgage Corporation (hereinafter calUed
" the company ") of the other part.

Whereas the vendor has for some time past carried on the general busi-
ness of a loan and savings company.

And whereas the company has been incorporated by a special Act of
the Parliament of Canada, namely Chapter 101 of the Statutes of 1899,
for the purpose of carrying on a similar business and more particularly to
acquire the business of the vendor and of

respectively upon terms similar to those hereinafter set out ;
And whereas it is provided by the said Act of incorporation that the

company may adopt an agreement therein referred to, being to the like
eflFect as these presents.

Now it is hereby agreed as follows :

1. The vendor shall sell and the company shall purchase :

Firstly. The good-will of the said business of the vendor with the
exclusive right to use the name of the

company in connection with the said business so purchased and to hold
out and represent the company as carrying on such business in continu-
ation of the vendor's business and in succession thereto with the right to
use the words " late the

company " or any other words indicating that the lousiness is carried on
in continuation of or in succession to the said

Secondly. All the freehold and leasehold properties belonging to the
vendor at the date of these presents or hereafter to be acquired by it.

Thirdly. All mortgages and securities for money now owned or here-
after to be acquired by the vendor.

Fourthly, AH the book and other debts due or to become due to the
vendor in connection with the said business and the full benefit of all
securities for such debts.

Fiftly. The full benefit of all contracts and engagements to which the
vendor is or may be entitled to in connection with the said business.

Sixtly. All cash in hand or at any banks and all bills and notes of th3
vendor in connection with the said business.

Seventhly. All other property to which the vendor is or may be
entitled in connection with the said business.

2. The consideration in part for the said sale shall be approximately
the sum of

being the estimated value of the assets of the vendor over and above its
liabilities to the public less 20 per cent, of such excess of assets over
liabilities for reserve, which 20 percent, shall form the nucleus of the
reserve fund mentioned in Section 22 of the said Act of incorporation.

3. The said consideration shall be paid and satisfied as follows :

(a) By the allottment to the vendor or its shareholders of

and if in any case it shall not be practicable to give to the holder of
partly or fully paid-up shares the exact equivalent in value (subject as
aforesaid) of such shares in the shape of shares whether partly paid-up or
fully paid up in the eompany the diflference in value between the shares
theretofore owned by such holder and the shares allotted to him in return
therefor shall be paid to such holdei in cash.

(b) As the residue of the consideration for the said sale the company
hereby undertakes to pay, satisfy and perform all the debts, liabilities,
contracts and engagements of the vendor in relation to the said business
and to indemnify the vendor and its shareholders and each and every one
of them against all proceedings, claims and demands in respect thereof.

4. The company shall be entitled to take over the business of the ven-
dor as of the first day of January, 1899.

5. The vendor and all other necessary parties (if any) shall, at the
expense of the company, execute and do all such assurances and things
for vesting the said premises in the company and giving to it the full
benefit of his agreement as shall be reasonably required.

6. The company agrees with the vendor (the vendor acting therein for
itself as a corporation and also acting for each and every shareholder of
the vendor) that the company will indemnify and save harmless each and
every of the shareholders of the vendor who shall upon receiving the con-
sideration herein specified assign to the company the shares now held by
him. in the capital of the vendor of and from all liability in respect of any
such shares.

7 The vendor shall procure this agreement to be submitted for ratifi-
cation and confirmation by a meeling of shareholders duly called for that
purpose.

8. If this agreement shall not be ratified or shall not h& carried into

effect before the first day of July next either party may determine the
same by notice to the other.

9. In any case or cases in which the parties are not able to agree upon
the valuation of the said assets and liabilities or any of them the Chan-
cellor of Ontario may, upon the application of either of the parties,
appoint a valuator or valuators whose award shall be final on all and
every point submitted.

In witness whereof the parties hereto have hereunto set their hands
and seals.

Signed, sealed and delivered
in the presence of

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No. 79.] "DTT T [1900

BILL.

An Act respecting The ^^Canada Permanent and
Western Canada"^^ Mortgage Corporation.

WHEREAS the Canada Permanent and Western Canada Preamble.
Mortgage Corporation (hereinafter called the " Mort-
gage Corporation ") was incorporated by an Act of the Parlia-
ment of Canada, being cap. 101 of the Statutes of 1899, entitled
An Act to incorporate The Canada Permanent and Western
Canada Mortgage, Coyy oration, whereby it w^as provided that
the Mortgage Corporation might acquire and undertake the
whole or any part of the business, property and liabilities, and
the name and good- will of The Canada Permanent Loan and
Savings Company, the Western Canada Loan and Savings
Company, The Freehold Loan and Savings Company and The
London and Ontario Investment Company, Limited (herein-
inafter called the "selling companies;") and whereas ^^the
several said selling companies have by their respective boards
of directors duly executed and have by their respective share-
holders in several general meeting assembled duly confirmed
and ratified agreements with the said Mortgage Corporation
for the purchase, sale and transfer of the business, property,
assets and liabilities, and the name and good- will of the several
said selling companies, each and every of such agreements
being to the efiect uf the agreement set out in the Schedule
hereto, and the said agreements having been duly con-
firmed and ratified as aforesaid each and every of them on
the 11th day of April, 1900 ;'®* and whereas the said Mortgage
Corporation and the selling companies are desirous that the
agreements between them respectively should be confirmed
and validated, and that the business, property, franchise, name
and good- will of each of the said respective selling companies
should be transferred to and vested in the said Mortgage Cor-
poration to its own use and benefit absolutely; and whereas it
is expedient to confirm, validate, transfer and vest accordingly;
*^and whereas in the event of the said transfer of the busi-
ness, property, assets and liabilities of the several said selling
companies to the said Mortgage Corporation the said Act of
Incorporation provided as therein appears for the reduction and
extinction of all liability in respect of the unpaid portion of
partly paid-up shares ; and whereas it is expedient to provide
for the reduction and extinction of the said liability as here-
inafter provided."^

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows :

Purchase of
assets, etc., of
amalgamation
company.

*®'l. The several said agreements are hereby ratified, confirmed
and validated and shall as from the said 11th day of April,
1900,"^* have the effect of granting, assigning, transferring and
setting over unto the said Mortgage Corporation, its successors
and assigns, to its and their own use absolutely, all the assets
interests, rights, franchises, credits, effects and property, real
personal and mixed, of whatsoever kind and wheresoever situ-
ate, of or belonging to the said selling companies or to which
the said selling companies *^were on the said 11th day of
April, 1900, or would thereafter have been or have"^ become
entitled, and shall also have the effect of transferring to and
imposing upon the said Mortgage Corporation the liabilities,
debts and duties of the said selling companies.

Assets of cer-
tain loan com-
panies trans-
ferred to
Mortgage
Corporation.

2. All the assets, interests, rights, franchises, credits, effects
and property, real, personal and mixed, of whatsoever kind
and wheresoever situate, belonging to the said respective sell-
ing companies or to which they are or may be or become en-
titled, shall ^"be and the same are hereby declared to have
been as from the said 11th day of April, 1900,"®*! transferred
to and vested in the said Mortgage Corporation, its successors
and assigns, to its and their own use and benefit absolutely
for all the estate, right, title, interest, claims, properties and
demands which the said respective selling companies had or
were entitled to have ^on the said 11th day of April, IGOO,"^*
or to which the said respective selling companies ^^would
thereafter have been'^or become entitled, and the said Mortgage
Corporation shall have and is hereby empowered to exercise all
the powers, rights and privileges in relation to the said assets,
interests, rights, franchises, credits, effects and property, real,
personal and mixed, of whatsoever kind and wheresoever situate,
as the said respective selling companies had or might have had,
and no suit, action or proceeding being cariied on or power being
exercised shall be discontinued or abated by or on account of
this Act, but the same may continue in the name of the sell-
ing company originally party to the suit, action or proceeding,
and the said Mortgage Corporation shall have the same rights
and remedies and be subject to the same liabilities, debts and
duties, and shall pay and receive the like costs as if the suits,
actions or proceedings had been commenced or defended in the
name of the said Mortgage Corporation.

Certificate of »^3. All liability whatsoever upon or in respect of the un-
registration. pQ^[^ portion or the partly paid-up shares in the capital stock
in any of the selling companies shall be reduced by mere efflux-
eion of time be reduced by five equal annual amounts at the
end of one, two, three, four and five years respectively from
the said 11th day of April, 1900, so that the end of the said

fifth year all liability whatsoever upon or in respect of the
unpaid portion of the said partly paid-up shares shall be abso-
lutely extinguished : provided always that no such annual
reduction shall take effect unless and until such of the liabili-
ties of the selling company concerned as had arisen before the
passing of this Act and shall have matured up to the time
when application is made for such a certificate as is next here-
inafter mentioned shall have been met by the Mortgage Cor-
poration and proof of the same given to the satisfaction of the
Registrar of Loan Corporations, who shall thereupon issue his
certificate to the efiect that all liability whatsoever upon or in
respect of the unpaid portion of the partly paid up shares in
the capital stock of the selling company named in his certifi-
cate has been reduced or extinguished (as the case may be) as
set forth in his certificate and his certificate shall be final and
conclusive as to the matters certified to therein. The partly
paid up shares referred to in this section shall as against
creditors whose claims shall arise subsequent to the passing of
this Act be deemed fully paid up shares."^

4. ^"Except as provided in section 3 hereof®* nothing in Rights of
this Act shall impair or aflfect the rights of any creditor of creditors
the said respective selling companies or either of them or of
the said Mortgage Corporation.

"^-5. For the purposes of The Land Titles Act or of registra- Regidtrationof
tion under The Registry Act or of The Bills of Sale and Chattel instruments.
Mortgage Act or any other Act of the Province, it shall be suf-
ficient in order to show the transmission of title from any of
the said selling companies to the Mortgage Corporation if any
instrument affecting lands or interests in land or personal
property or interests in personal property included or intended
to be included in the several agreements confirmed and vali-
dated by this Act recite or mention the title of this Act and
the chapter and statute year in which this Act was passed."^

SCHEDULE.

This agreement made the day of between the

company (hereinafter called the vendor) of the one part and the Canada
Permanent and Western Canada Mortgage Corporation (hereinafter callled
" the company ") of the other part.

Whereas the vendor has for some time past carried on the general busi-
ness of a loan and savings company.

respectively upon terms similar to those hereinafter set out ;

And whereas it is provided by the said Act of incorporation that the

company may adopt an agreement therein referred to, bemg to the like
effect as these presents.

Now it is hereby agreed" as follows :

1. The vendor shall sell and the company shall purchase :

Firstly. The good-will of the said business of the vendor with the
exclusive right to use the name of the

company " or any other words indicating that the business is carried on
in continuation of or in succession to the said

Secondly. All the freehold and leasehold properties belonging to the
vendor at the date of these presents or hereafter to be acquired by it.

Thirdly. All mortgages and securities for money now owned or here-
after to be acquired by the vendor.

Fourthly, AH the book and other debts due or to become due to the
vendor in connection with the said business and the full benefit of all
securities for such debts.

Fiftly. The full benefit of all contracts and engagements to which the
vendor is or may be entitled to in connection with the said business.

Sixtly. All cash in hand or at any banks and all bills and notes of th 3
vendor in connection with the said business.

Seventhly. All other property to which the vendor is or may be
entitled in connection with the said business.

2. The consideration in part for the said sale shall be approximately
the sum of

3. The said consideration shall be paid and satisfied as follows :

(a) By the allottment to the vendor or its shareholders of

and if in any case it shall not be practicable to give to the holder of.
partly or fully paid-up shares the exact equivalent in value (subject as
aforesaid) of such shares in the shape of shares whether partly paid-up or
fully paid up in the company the difference in value between the shares
theretofore o\Fned by such holder and the shares allotted to him in return
therefor shall be paid to such holdei in cash.

4. The company shall be entitled to take over the business of the ven-
dor as of the first day of January, 1899.

6. The company agrees with the vendor (the vendor acting therein for
itself as a corporation and also acting for each and every shareholder of
the vendor) that the company will indemnify and save harmless each and
every of the shareholders of the vendor who shall upon receiving the con-
sideration herein specified assign to the company the shares now held by
him in the capital of the vendor of aiid from all liability in respect of any
such shares.

7. The vendor shall procure this agreement to be submitted for ratifi-
cation and confirmation by a meeting of shareholders duly called for that
purpose.

8. If this agreement shall not be ratified or shall not be carried into

effect before the first day of July next either party may determine the
same by notice to the other.

In any case or cases in which the parties are not able to agree upon
the valuation of the said assets and liabilities or any of them the Chan-
cellor of Ontario may, upon the application of either of the parties,
appoint a valuator or valuators whose award shall be final on all and
every point submitted.

In witness whereof the parties hereto have hereunto set their hands
and seals.

Signed, sealed and delivered
the presence of

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No. 80.] "DTT T [19^0

BILL.

An Act respecting the Presbyterian Church, Warwick.

WHEREAS D. M. Ross, Robert McKenzie and Hugh F. Mc- Preamble.
Kenzie, all of Warwick, the trustees of the Presbyterian
Church, Warwick, have by their petition shown that by a
Crown deed, dated the 8th day of March, 1865, conveyed to
5 certain trustees therein named lots numbers three and four on
Park street and the north three acres of the Park lot, bounded
on the west by George street, on the east by Grey street, on
the north by Manchester street, and on the south by William
street, in the village of Warwick, county of Lambton, Ontario,

10 containing three acres and eight-tenths of an acre, " for the
sites of a church and burial ground for the use and benefit of
the Presbyterian congregation in Warwick in connection with
the Canada Presbyterian Church," which conveyance was re-
ceived by the trustees therein named in trust for the purposes

15 aforesaid, and whereas that portion of the population in that

• locality which consists of members and adherents of the Can-
ada Presbyterian Church, now worships at the Presbyterian
Church erected upon a site more conveniently located for said
congregation in the township of Warwick, and have secured

20 more suitable grounds for burial purposes elsewhere, and that
it is desirable that the trustees of the said lands in the village
of Warwick be authorized to sell and dispose of the said prop-
erty whenever an offer therefor shall be received which will
meet with the approval of the congregation, and have prayed

25 that an Act may be passed for that purpose ; and whereas it
is expedient to grant the prayer of the said petition ;

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : '

lU) 1. The said D. M. Ross, Robert McKenzie and Hugh F. Mc- Power to sell
Keuzie, the trustees of the Presbyterian Church, Warwick, or certain lands,
their successors in office, are hereby empowered to sell and dis-
])Ose of, for cash or on credit, or partly for cash and partly for
credit, the said lots numbers three and four on Park street,

85 and the north three acres of the Park lot, bounded on the west
hy George street, on the east by Grey street, on the north by
Manchester street, and the south by William street, in the vil-
lage of Warwick, Ontnrio, containing three acres and eight-
tenths of an acre ; provided always that any such sale shall be

40 first approved by the said congregation at a general meeting

thereof, duly called for the purpose of considering such pro-
posed sale by notice given from the pulpit of said church in
Watford during divine service in the forenoon of the two suc-
cessive Sundays immediately preceding the said meeting, and
that the consent of such meeting to the said sale shall be suf-
ficiently testified by the execution of the conveyance of the
said lands to the purchaser thereof by the chairman of the said
meeting ; provided, further, that the sanction of the Presby-
tery of Sarnia in that behalf shall have been also first ob-
tained before any such sale or disposition be made.

Moneys to
be held at
disposal of
conj?regation.

2. All moneys to be derived from the sale of the said prop-
erty shall be held by the trustees for the time being of the
Warwick Presbyterian Church on trust for such purposes in
connection with the said church as shall be approved of by the
said congregation and sanctioned by the said Presbytery. 15

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No. 81.] DTT T [19^^

BILL.

An Act respecting the Town of Listowel.

WHEREAS the corporation of the town of Listowel in the Preamble,
county of Perth, and Province of Ontario, has by its
petition represented that owing to the destruction by fire of
a large furniture factory in said municipality a large number
5 of mechanics and workmen formerly employed in connection
therewith have procured situations in the United States and
elsewhere, and many thereof owning property in said town and
ot/iers who are not property owneis are desirous of returning
and resuming their former occui)ations, and it is deemed ex-
10 pedient by the said corporation to grant aid by way of a loan
of ten thousand dollars to a joint stock company to enable said
company to erect equip, and run a furniture factory as in said
petition set forth, snd to grant certain exemptions from taxa-
tion, and for the purposes aforesaid the said corporation have
15 provisionally passed a by-law number 361^ of the said corpora-
tion and have submitted the same to a vote of the ratepayers
< of said municipality, the majority of whom have duly voted for
f{ -^ the same and have provisionally entered into a certain agree-
'^ |( ment with the promoters of the said proposed company in re-
20 spect of the granting of aid thereto as above mentioned. And
whereas the said corporation has by its petition prayed that an
Act may be passed to legalize and confirm the said by-law and
enabling and empowering the said corporation to enter into
the said proposed agreement and to raise the said sum of money
25 on the credit of the debentures of the municipality for the pur-
poses aforesaid. And whereas true copies of said by-law and
I agreement respectively are set forth as schedule " A " and " B "
to this Act ; and whereas there is no other similiar industry
carrying on business in the said town of Listowel.

30 Therefore Her Majesty by and with the advice and consent
of the Legislative Assembly of the Province of Ontario enacts
as follows:

1. It shall be lawful for the corporation of the town Lis- Authority
towel to finally pass said by-law, execute said agreement and law and ex
35 all other necessary agreements and to grant aid by w^ay of loan cute agree-
to a company to be known as the Listowel Furniture Company °^®°*^-
; Limited or to the proposed company under whatever name the
5 same shall be incorporated to an amount not exceeding in the
^ aggregate the sum of ten thousand dollars pursuant to said By-
40 law and agreement when duly executed and to issue deben-

By-law and
agreement
to stand con-
firmed and
legalized.

tures for the purposes aforesaid and do all other acts in con-
nection therewith as if the power of granting aid by way of
bonus or loan was still vested in municipalities.

2. That it having been made to appear that the said by-law
and agreement and the application for this Act have been given 45
due publicity prior to the vote thereon by the said qualified
electors, the said by law and agreement shall from and after
the assent of His Honor the Lieutenant-Governor to the pass-
ing of this Act, stand and be approved and confirmed and it
shall be lawful for the said corporation to advance the said 50
monies when raised and apply the same pursuant to said by-
law and agreement.

SCHEDULE A.

By-Law No. 363, of the Town of Listowel.

A by-law to authorize the town of Listowel to borrow upon its deben-
tures the sum of ten thousand ($10,000.00) dollars for the purpose of
assisting by way of loan the industry of the manufacture of furniture
in the said town.

Whereas, the said town has been and is recognized as a manufacturing
centre for furniture.

And whereas, owing to the destruction by fire of the factory known as
the Hess factory, a large number of mechanics and workmen formerly
employed in connection therewith have left town to procure employment
in the United States and elsewhere.

And whereas many of the said mechanics and workmen still own prop-
erty in the said town and are desirous of returning and resuming their
former occupations.

And whereas a joint stock company for the manufacture of furniture
in Listowel is being organized with a capital stock of twenty-five thou-
sand ($25,000) dollars, of which fifteen thousand dollars is to be sub-
scribed and called in by and from promoters and citizens of the said town,
and of whicli $12,500.00 has already been subscribed.

And whereas the promoters of the said proposed company, namely,
Andrew Foeroh, Murdoch McDuff Fleming and William H. Wiles have
applied to the corporation of the said town for aid by way of loan of the
S'lm of ten thousand ($10,000 00) dollars to the said company for the pur-
pose aforesaid, which sum is to be secured in the manner set forth in a
certain indenture or agreement provisionally entered into by the said
parties with the corporation of the said town, a c^py of which agreement
is hereundec written.

And whereas it is expedient in the opinion of the municipal council of
the said town to develop the said industry in Listowel, and to aid the
same in the manner set forth in said agreement.

And whereas it is necessary for this municipality to borrow for the said
purpose the sum of ten thousand ($10 000.00) f'ollars, and it is intended
that the said sum shall be raised upon the debentures of this municipality
and shall, together with the interest thereon , be repaid in twenty years
from the date upon which this by-law is confirmed by the Legislature of
Ontario, and in such sums annually as shall make the aggregate amount
payable for principal and interest in any one of the said years of said
term, equal to the aggregate amount payable for principal and interest in
any other of said years of said term.

And whereas the amount required to be raised annually during said
period upon all the rateable property of this municipality to meet said
annual payments of principal and interest is the sum of $736.00, of whicl?

the amount required for principal and the amount required for interest
in each of said years are respectively set forth opposite the said years in
the schedule hereunder written and marked •' B."

And whereas the whole rateable property of the muncipality, according
to the last revised assessment roll, being for the year 1899, is valued for
$780,390.

And whereas the amount of the existing debenture debt for the said
municipality is $89,000, of which no sum is in arrear for principal and
interest, and there is to the credit of the sinking fund to pay the same
the sum of $5,557.00.

Be it therefore enacted by the corporation of the town of Listowel, un-
der and by virtue of The Municipal Act and all other Acts them thereunto
enabling as follows :

1. It shall be lawful for this municipality to borrow upon its debentures
the sum of ten thousand ($10,000,00) dollars and to issue its debentures
for the raising of the said sum , and the sum so borrowed shall be payable
within twenty years from this by-law being confirmed by the Legislature
of the Province of Ontario, and shall bear interest at four per cent, per
annum upon the unpaid portion thereof, payable yearly.

2. There shall be repaid in each of the said years upon said loan, until
the same has been fully paid off, commencing at the expiration of one
year from the date of the confirmation of this by-law, and thereafter in
each year throughout the said term, the amount set opposite the said
year in schedule marked " B," hereunder written in the third column
thereof, on account of the principal, and the amount sec opposite the said
year in the said schedule in the fourth column thereof for interest.

3. Separate debentures shall be issued for the total sum so payable
both for principal and interest in each of said years, and no debenture
shall be issued for any less sum than $736, being the total amount so
payable yearly.

4. For the purpose of paying off said debentures, there shall be raised
annually during the said period, until the loan is paid off, upon all the
rateable property in this municipality, the amount of principal and the
amount of interest payable in each said year as set out in said schedule
" B," which sum shall be levied by special rate upon the whole rateable
property of the municipality.

5. All debentures required to raise said loan shall be issued and dis-
posed of by the mayor of this municipality when and as directed by reso-
lution of the mui;iicipal council thereof, and shall be payable at the office
of the treasurer in Listowel.

6. The mayor and treasurer shall sign each of such debentures, and the
clerk shall affix the corporate seal of the said municipality.

6. The votes of the ratepayers shall be taken on this by-law in the var-
ious wards of the municipality on Monday, the 12th day of March, A. D.
1000, between the hours of nine o'clock in the forenoon and five o'clock
in the afternoon, during which interval the polls shall be and remain
open and at the j)olling places hereinafter mentioned, and the person
whose name is mentioned opposite to each such polling place shall be
deputy returning officer for the same ; and on Friday, the nineth day of
March next, at the town hall, at the hour of 10 a. m., there shall be
appointed persons to attend at the various polling places and at the final
summing up of the votes by the clerk respectively on behalf of the persons
interested m and promoting or opposing of the said by-law respectively.

Ward. Polling place. ^*^P" ^ Returning

=" ^ Officer.

Bismark Goddard's Shop John Glen.

Lansdowne Later's Shop D. D. Campbell.

Dufferin Seaman's Shop . . Thos. Male.

Victoria Squire's Shop W. R. Clayton.

Gladstone Town Hall William Bright.

7. That William Bright, clerk of this municipality, shall be the return-
in:^ officer and shall sum up the number of votes given for and against
this by-law forthwith upon the closing of the poll and shall declare the

result thereof upon the 13th day of March next at the hour of ten o'clock
am. in the town hall in the said town of Listowel.

The municipal council by their proper officers in that behalf may exe-
cute such documents as may be necessary to fully ensure the carrying out
of this agreement.

This by-law shall take aflfect and come into operation from and after the
passing thereof and the confirmation by the Legislature of the Province
of Ontario during the first session thereof in the year 1900.

Take notice that the foregoing is a true copy of a proposed by-law
which has been taken into consideration and which will be finally passed
by the municipal council of the town of Listowel (in the event of the
assent of the ratepayers being obtained thereto, and of the same being
confirmed by legislation as therein provided, (after one month from the
first publication thereof in the Listowel Banner newspaper (February
15th, 1900) and that at the hour, day and places in said by-law fixed the
polls will be held for the vote of the ratepayers qualified to vote upon
the same.

Dated at Listowel this 14th day of February, A.D. 1900.

William Bright, Clerk.

SCHEDULE B.

Showing the amounts to be raised yearly on the rateable property of
the municipality and to be paid yearly for principal and interest under
this by-law pursuant to the second and fourth paragraphs thereof.

No. of
ayment.

For the year.

Amount for
principal.

Amount for
interest.

Total amount for
each year.

1901

$336 00

$400 00

$736 00

1902

349 00

378 00

736 00

1903

363 00

373 00

736 00

1904

378 00

358 00

736 00

1905

393 00

343 00

736 00

1906

409 00

327 00

736 00

1907

425 00

311 00

736 00

1908

442 00

294 00

736 00

1909

460 00

276 00

736 00

1910

478 00

258 00

736 00

1911

497 00

239 00

736 00

1912

517 00

219 00

736 00

1913

538 00

198 00

736 00

1914

559 00

177 00

736 00

1915

582 00

154 00'

736 00

1916

605 00

131 00

736 00

1917

629 00

107 00

736 00

1918

654 00

82 00

736 00

• 1919

681 00

55 00

736 00

1920

705 00

31 00

$4,720 00

736 00

$100,000 00

$14,720 00

SCHEDULE B.

Memorandum of agreement made in duplicate and entered into this
thirteenth day of February, A.D. , 1900, between Murdock McD.
Fleming merchant tailor, Andrew Forech, mechanic, both of the
town of Listowel in the county of Perth and William H. Wiles of
the town of Walkerton in the county of Bruce, furniture manufac-
turer, of the first part, and the corporation of the town of Listowel
hereinafter called the corporation, of the second part.

Whereas the said parties of the first part are the promoters of a joint
stock company to be called the Listowel Furniture Company (lamited)
with a capital stock of twenty-five thousand dollars ($25,000) in five hun-
dred shares of fifty dollars ($50) each.

And whereas there has been subscribed at this date to the stock of the
said company the sum of twelve thousand five hundred and fifty ($12,550)
dollars of which the said parties of the first part have subscribed the sum
of six thousand ($6,000) dollars.

And whereas the said company is being promoted and organized upon
the assumption that the said corporation will advance to the said company
by way of loan the sum often thousand ($10,000) dollars and provide free
water such as is pumped through the mains and hydrants in accordance
with the agreement entered into between A. Moyer & Co. and the cor-
poration and grant certain tax exemptions for a certain term of years to
be agreed upon.

And whereas in the event of the passing of the said by-law and the
approval thereof by the legislature of the province of Ontario, it has been
mutually agreed by and between the parties of the first part and the said
corporation that the said advance or loan of ten thousand ($10,000)
dollars shall be handed over to the said Listowel Furniture Company in
the manner, at the times, and subject to the terms, agreements and
conditions hereinafter specified and set forth.

Now this agreement witnesseth that for and in consideration of the
premises and the sum of ten thousand ($10,000) dollars of lawful money
of Canada well and truly paid by the corporation at the times and in the
manner hereinafter set forth, they, the said parties of the first part for
themselves, and each of them for himself, his and their heirs, executors,
and administrators do hereby promise and agree with the said corporation
as follows : That they, the said parties of the first part, shall and will
forthwith after the passin'j; of the said by-law, if at once submitted, duly
proceed with the orgiinization and incorporation of the said company with
a capital stock of twenty-five thousand ($25,000) dollars, fifteen thousand
dollars of which, including the promoters' subscription, shall be duly
subscribed and called in monthly instalments at ten per cent., com-
mensing one month after the legislature has assented to the act legalizing
said by law.

And the said parties of the first part do hereby further agree with the
said corporation that they will procure and cause to be executed by the
said Listowel Furniture Company (Limited) in favor of and deliver over
to the said corporation before said corporation .shall advance the said ten
thousand ($10,000) dollars or any part thereof for the purpose aforesaid,
an agreement providing for the delivery to and giving of a mortgage upon
the lands and premises, building, plant and machinery of the said com-
pany and of insurance policies to the full insurable value thereof by way
of security for the said loan and interest thereon as hereinafter stipulated
and said agreement shall be executed by the said company and the said
corporation.

And the said parties of the first part do hereby for themselves and each
of them for himself, his heirs, executors and administrators covenant and
agree with the said corporation as follows :

That they shall and will before the submission of a by-law to the people
for a vote authorising the raising by way of debentures of the said cor-
poration the sum of ten thousand ($10,000) dollars to be advanced by way
of a loan to the said company deposit to the credit of the treasurer of the
said corporation in a special account as an evidence of good faith and to
ensure against preliminary expenses or loss owing to any default on their
part of the part of any or either of them the sum of three hundred dollars
to be released and returned to the said parties of the first part if the said
by-law is defeated and in the event of the said parties of the first part
being in default or failing to comply with this agreement in any essential
particular after the by-law is carried by a vote of the ratepayers or
authorized by legislation so that the same tl' rough their default as afore-
said shall not be duly completed by the carrying out of the covenatits and
conditions herein contained the said corporation shall and may apply

the same sum of three hundred dollars or any part or portion thereof
towards the payment of any sum or sums of money expended by the said
corporation in the preparation of these agreements and by law incidental
thereto and in making application to the legislature or in any other way
incurred pursuant to these presents.

And the said parties of the first part further covenant in the manner
aforesaid that they shall and will procure from the said company an agree-
ment to be delivered over to the said corporation before the said ten
thousand dollars or any portion thereof shall be advanced to the said
company together with the said mortgage and insurance pijlicies herein-
before referred to for the proper safeguard of the interests of the said
corporation and as security for the payment of the said loan and the said
agreement shall in addition to any clause or clauses, covenants or condi-
tions herein set forth also contain the following :

1. The said corporation shall in addition to the said advance of ten
thousand dollars grant full exemption from taxes (except school taxes) for
the period of ten years after the said company shall have commenced
operations (said exemptions in any event to commence on the first day of
January in the year A.D. 1901 (one thousand nine hundred and one) in
the manufacture of furniture and for the same period shall furnish water
such as is pumped through our mains and hydrants in accordance with
agreements entered into between A. Moyer & Co. and the corporation for
the purpose of the said company on their premises.

2. That the erection of the various buldings and the placing of the
machinery and plant and the selection of the site for the said company's
buildings shall be subject to approval of the council of the town of
Listowel.

3. That the said sum of ten thousand dollars shall not bear interest
until the expiration of five years from the date at which the same is fully
advanced or paid out for the purposes aforesaid and at and from the
expiration of the said five years it shall bear interest at four and a half
(4^) per cent, payable yearly and the said company shall repay interest at
the rate of four and a half per cent, per annum on such porticm thereof as
there is remaining unpaid until paid in full and the said sum of ten thousand
dollars shall be repaid by the said company to to the said corporation in
consecutive yearly payments of five hundred dollars each together with
accrued interest on all unpaid principal and all arrears of interest, such
payments of principal and interest to commence at the end of the ninth
year after the said company shall have commenced active operations in
the manufacture of furniture or after the said buildings, plant and
machinery are completed and ready for such operations.

4. That the buildings to be erected upon such site as may be selected
shall be constructed of brick and stone and shall not be less than two
stories high and shall have a superficial area on the ground floor of not
less than five thousand square feet, the whole to be constructed under the
supervision of the company's architect jointly with such architect or in-
spector as the said corporation shall from time to time designate, and the
said buildings shall be constructed in a good, substant'al and workman-
like manner, and shall be suitable in every respect to the requirements of
a modern furniture factory.

5. The payment for insurance policies hereinbefore referred to by way
of premiums or renewals shall be made by the said company.

6. That the said company will, while any portion of the said loan or
interest remains unpaid, keep in good repair by way of a sinking fund
each and every year all the said buildings, plant and machinery, and that
they shall and will allow any person or persons not exceeding two, who
may from time to time be appointed by the said corporation for that pur-
pose, at all reasonable times to enter upon said premises and inspect
the said buildings, plant and machinery and view the state of repair of
the same, and that the company will repair upon notice, and that
this covenant shall be construed in the same manner as though it were a
covenant by a tenant to his landlord under a lease made in pursuance of
The Act respecting Short Forms of Leases, and in default of repair accord-
ing to the said notice that the said corporation may enter upon and take

possession of the said lands, premises, messuages, buildings, plant and
machinery in the same manner as though the said covenant had been con-
tained in a lease pursuant to the said last mentioned Act.

7. That in the event of the said premises or any part thereof being be-
ing destroyed by fire or otherwise at any time during said term during
which the said principal money or any part thereof remains unpaid the
said company shall be allowed sufficient time to erect and shall erect sim-
ilar buildings on the same site as those destroyed, and if destroyed by fire
as soon as said buildings are in course of erection the said coporation shall
hand over and pay to the said company as the work progresses such por-
tions of the insurance moneys as shall have come to the hands of the said
corporation in the same manner and proportions as may hereafter be
agreed upon between the said company with the consent of the said cor-
poration and the contractor or contractors who may be engaged to re-
erect the said factory buildings.

8. That m the event of a fire and the re-erection of the buildings as
aforesaid, new insurance policies upon the new buildings shall be procured
and delivered to the said corporation to cover such interest as said cor-
poration at such time may have in said premises by way of security to
their said mortgage, and in the event of a fire in the said premises the
company being unwilling to expend moneys received upon the insurance
policies aforesaid in the erection or rebuilding of building destroyed or in-
jured, the corporation may, if they so desire, employ the said moneys for
the purp(jses aforesaid, or retain the same to apply upon their said mort-
gage security as to the said company may seem advisable.

9. That the said mortgage hereinbefore referred to shall be a mortgage
made in pursuance of The A ct respecting Short Forms of Mortgages, and
shall, in addition to the covenants therein mentioned, contain such cov-
enants as the corporation of the town of Listowel may deem necessary to
amply secure the repayment of the said money and interest thereon so as
to be advanced and to protect the said corporation against default or de-
faults of the said company, or the breach of any covenants or conditions
herein or in said agreement or mortgage, and to provide for the acceleration
of payment of the said moneys in case of any such default or defaults.

10. That the said company at any time at^^er the expiration of five years
from the commencement of operations of i?aid company in the manufac-
ture of furniture shall be entitled without notice or bonus to repay to the
said corporation sums of one thousand ($1,(!00.00) dollars and upwards on
account of said principal money and interest, providing all interest in
arrf ar shall be duly paid.

And the said corporation agrees to advance the said sum of ($10,000.00)
ten thousand dollars on the certificate of the architect or person desig-
nated by the corporation ctfter his report to council, in meeting assem-
bled, as the same may be required as the work or purchase and erection
of buildings, land, plant and machinery for said company progresses, pro-
vided; however, that the said corporation shall have been legally author-
ized to raise and advance the said money by the Legislature.

In witness whereof the mayor and clerk of the said corporation have set
their hands and oflScial seal, and the other parties hereto have set their
hands and seals the day and year first above written.

John Watson, Mayor.
William Bright, Clerk.
Signed, sealed and delivered [Corporation Seal.

in the presence of M. McD. Fleming.

Andkew Foerch.
William H. Wiles.
As to the signatures of M. McD. Fleming,
Andrew Foerch and William H. Wiles,
A. St. Geo. Hawkins.

Seal.'
Seal.;
Seal.

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No. 81.] DTT T [19^^

BILL.

An Act respecting the Town of Listowel.

WHEREAS The Municipal Corporation of the Town of Preamble.
Listowel has by its petition represented that owing to
the destruction by fire of a large furniture factory in said
municipality a large number of mechanics and workmen form-
erly employed in connection therewith have procured situations
in the United States and elsewhere, many of whom own pro-
perty in said town ; and others who are not property owners
are desirous of returning and resuming their former occupa-
tions, and it is deemed expedient by the said corporation to
grant aid by way of a loan of ten thousand dollars to a joint
stock company to enable said company to erect equip, and run
a furniture factory as in said petition set forth, nnd to grant
certain exemptions from taxation, and for the purposes afore-
said ^^the municipal council of the"^* said corporation has pro-
visionally passed a by-law numbered 36H of the said corporation
and has submitted the same to a vote of the ratepayers of said
municipality, the majority of whom have duly voted for the
same^^which majority together with those who have since by
petition declared their assent to the said by-law, but who for
various reasons did not vote either for or against the said
by-law amounts to more than two-thirds of the ratepayers
of the said town qualified to vote on money by-laws'®*
and has provisionally entered into a certain agreement
with the promoters of the said proposed company in re-
spect of the granting of aid thereto as above mentioned ; and
whereas the said corporation has by its petition prayed that an
Act may be passed to legalize and confirm the said by-law
enabling and empowering the said corporation to enter into
the said proposed agreement and to raise the said sum of money
on the credit of the debenturts of the municipality for the pur-
poses aforesaid ; and whereas true copies of said by-law and
agreement respectively are set out as schedules " A " and " B "
to this Act ; and whereas there is no other similiar industry
carrj'ing on business in the said town of Listowel ; *^and
whereas there is no opposition to the said petition ; and where-
as it is expedient to grant the prayer of the said petition ;

Therefore Her Majesty by and with the advice and consent
of the Legislative Assembly of the Province of Ontario enacts
as follows :

1. It shall be lawful for the Municipal Corporation of the Authority
Town of Listowel to finally pass said by-law, and execute faw aml^ex

exe-

cute agree-
ments.

By-law and
agreement
to stand con-
firmed and
legalized.

said agreement and grant aid by way of loan to a
company to be known as the Listowel Furniture Company
Limited or to the proposed company under whatever name the
same shall be incorporated to an amount not exceeding in the
^gg'"egate the sum of ten thousand dollars pursuant to said By-
law and agreement when duly executed and to issue deben-
tures for the purposes aforesaid.

2. The said by-law and agreement shall be confirmed *^and
declared to be legal, valid and binding on the said corporation
and the ratepayers thereof and on the said company, its suc-
cessors and assigns'^ and it shall be lawful for the said corpor-
ation to advance the said monies when raised and apply the
same pursuant to said by-law and agreement.

SCHEDULE A.
By-Law No. 363, of the Town of Listowel.

A by-law to authorize the town of Listowel to borrow upon its deben-
tures the sum of ten thousand (^10,000.00) dollars for the purpose of
assisting by way of loan the industry of the manufacture of furniture
in the said town.

Whereas, the said town has been and is recognized as a manufacturing
centre for furniture.

And whereas many of the said mechanics and workmen still own prop-
erty in the said town and are desirous of returning and resuming their
former occupations.

And whereas the promoters of the said proposed company, namely,
Andrew Foerch, Murdoch McDufF Fleming and William H. Wiles have
applied to the corporation of the said town for aid by way of loan of the
sum of ten thousand ($10,000 00) dollars to the said company for the pur-
pose aforesaid, which sum is to be secured in the manner set forth in a
certain indenture or agreement provisionally entered into by the said
parties with the corporation of the said town, a copy of which agreement
is hereunder written.

And whereas it is expedient in the opinion of the municipal council of
the said town to develop the said industry in Listowel, and to aid the
same in the manner set forth in said agreement.

And whereas it is necessary for this municipality to borrow for the said
purpose the sum of ten thousand ($10,000.00) c'ollars, and it is intended
that the said sum shall be raised upon the debentures of this municipality
and shall, together with the interest thereon, be repaid in twenty years
from the date upon which this by-law is confirmed by the Legislature of
Ontario, and in such sums annually as shall make the aggregate amount
payable for principal and interest in any one of the said years of said
term, equal to the aggregate amount payable for principal and interest in
any other of said years of said term.

the amount required for principal and the amount required for interest
in each of said years are respectively set forth opposite the said years in
the schedule hereunder written and marked ''B."

And whereas the whole rateable property of the muncipality, according
to the 1-ist revised assessment roll, bein^ for the year 1899, is valued for
$789,390.

Be it therefore enacted by the corporation of the town of Listowel, un-
der and by virtue of The Municipal Act and all other Acts them thereunto
enabling as follows :

1. It shall be lawful for this municipality to borrow upon its debentures
the sum of ten thousand ($10,C00 00) dollars and to issue its debentures
for the raising of the said sum, and the sum so borrowed shall be payable
within twenty years from this by-law being confirmed by the Legislature
of the Province of Ontario, and shall bear interest at four per cent, per
annum upon the unpaid portion thereof, payable yearly.

2. There shall be repaid in each of the said years upon said loan, until
the same has been fully pi id off, commencing at the expiration of one
year from the date of the confirmation of this by-law, and thereafter in
each year throughout the said term, the amount set opposite the said
year in schedule marked " B," hereunder written in the third column
thereof, on account of the principal, and the amount set opposite the said
year in the said schedule in the fourth column thereof for interest.

4. For the purpose of paying off said debentures, there shall be raised
annually during the said period, until the lo.in is paid off, upon all the
rateable property in this municipality, the amt)unt of principal and the
amount of interest payable in each said year as set out in said schedule
" B," which sum shall be levied by special rate upon the whole rateable
property of the municipality.

5. All debentures required to raise said loan shall be issued and dis-
posed of by the mayor of this municipality when and as directed by reso-
lution of the mui:!icipal council thereof, and shall be payable at the office
of the treasurer in Listowel.

6. The mayor and treasurer shall sign each of such debentures, and the
clerk shall affix the corporate seal of the said municipality.

6. The votes of the ratepayers shall be taken on this by-law in the var-
ious wards of the municipality on Monday, the 12th day of March, A. D.
1900, between the hours of nine o'clock in the forenoon and five o'clock
in the afternoon, during which interval the polls shall be and remain
open and at the polling places hereinafter mentioned, and the person
wh >se name is mentiuned op] osite to each such polling place shall be
deputy returning officer for the same ; and on Friday, the nineth day of
March next, at the town hall, at the hour of 10 a. m., there shall be
appointed persons to attend at the various polling places and at the final
summing up of the votes by the clerk respectively on behalf of the persons
interested m and promoting or opposing of the said by-law respectively.

Ward. Polling place. ^^P^^^ Returning

° ^ Officer.

Bismark Goddard's Shop John Glen.

Lansdowne Later's Shop D. D. Campbell.

Duff'erin Seaman's Shop ...... Thos. Male.

Victoria Squire's Shop W. R. Clayton.

Gladstone Town Hall William Bright.

7. That William Bright, clerk of this municipality, shall be the return-
ing officer and shall sum up the number of votes given for and against
this by-law forthwith upon the closing of the poll _and shall declare the

result thereof upon the 13th day of March next at the hour of ten o'clock
am. in the town hall in the said town of Listowel.

The municipal council by their proper officers in that behalf may exe-
cute such documents as may be necessary to fully ensure the carrying out
of this agreement.

Dated at Listowel this 14th day of February, A.D. 1900.

William Bright, Clerk.

SCHEDULE B.

1
No. of
ipayment.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
. 18
19
20

For the year.

1901
1902
1903
1904
1905
1906
1907
1908
1909
1910
1911
1912
1913
1914
1915
1916
1917
1918
1919
1920

Amount for

Total amount

principal.

interest.

each year.

$336 00

$400 00

$736 00

349 00

378 00

736 00

363 00

373 00

736 00

378 00

358 00

736 00

393 00

343 00

736 00

409 00

327 00

736 00

425 00

311 00

736 00

442 00

294 00

736 00

460 00

276 00

736 00

478 00

258 00

736 00

497 00

239 00

736 00

517 00

219 00

736 00

538 00

198 00

736 00

559 00'

177 00

736 00

582 00

154 00

736 00

605 00

131 00

736 00

629 00

107 00

736 00

654 00

82 00

736 00

681 00

55 00

736 00

705 00

31 00

$4,720 00

736 00

$100,000 00

$14,720 00

SCHEDULE B.

Memorandum of agreement made in duplicate and entered into this
thirteenth day of February, A.D., 1900, between Murdock McD.
Fleming, merchant tailor, Andrew Forech, mechanic, both of the
town of Listowel in the county of Perth and William H. Wiles of
the town of Walkerton in the county of Bruce, furniture manufac-
turer, of the first part, and the corporation of the town of Listowel
hereinafter called the corporation, of the second part.

Whereas the said parties of the first part are the promoters of a joint
stock comi)any to be called the Listowel Furniture Company (Eiimited)
with a capital stock of twenty-five thousand dollars (^25,000) in five hun-
dred shares of fifty dollars ($50) each.

And whereas there has been subscribed at this date to the stock of the
said company the sum of twelve thousand five hundred and fifty (f 12,550)
dollars of which the said parties of the first part have subscribed the sum
of six thousand ($6,000) dollars.

And whereas the said corporation are about to submit a by-law to the
ratepayers of the municipality of the town of Listowel to authorize the
raising of the sum of ten thousand ($10,000) dollars to be advanced by way
of a loan to the said company when duly organized as hereinafter set forth.
And whereas in the event of the passing of the said by-law and the
approval thereof by the legislature of the province of Ontario, it has been
mutually agreed by and between the parties of the first part and the said
corporation that the said advance or loan of ten thousand ($10,000)
dollars shall be handed over to the said Listowel Furniture Company in
the manner, at the times, and subject to the terms, agreements and
conditions hereinafter specified and set forth.

Now this agreement witnesseth that for and in consideration of the
premises and the sum of ten thousand ($10,000) dollars of lawful money
of Canada well and truly paid by the corporation at the times and in the
manner hereinafter set forth, they, the said parties of the first part for
themselves, and each of them for himself, his and their heirs, executors,
and administrators do hereby promise and agree with the said corporation
as follows : That they, the said parties of the first part, shall and will
forthwith after the passing of the said by-law, if at once submitted, duly
proceed with the organization and incorporation of the said company with
a capital stock of twenty-five thousand ($25,000) dollars, fifteen thousand
dollars of which, including the promoters' subscription, shall be duly
subscribed and called in monthly instalments at ten per cent., com-
mensing one month after the legislature has assented to the act legalizing
said by law.

And the said parties of the first part do hereby further agree with the
said corporation that they will procure and cause to be executed by the
said Listowel Furniture Company (Limited) in favor of and deliver over
to the said corporation before said corporation shall advance the said ten
thousand ($10,CKX)) dollars or any part thereof for the purpose aforesaid,
an agreement providing for the delivery to and giving of a mortgage upon
the lands and premises, building, plant and machinery of the said com-
pany and of insurance policies to the full insurable value thereof by way
of security for the said loan and interest thereon as hereinafter stipulated
and said agreement shall be executed by the said company and the said
corporation.

And the said parties of the first part do hereby for themselves and each
of them for himself, his heirs, executors and administrators covenant and
agree with the said corporation as follows :

That they shall and will before the submission of a by-law to the people
for a vote authorising the raising by way of debentures of the said cor-
poration the sum of ten thousand ($10,000) dollars to be advanced by way
of a loan to the said company deposit to the credit of the treasurer of the
Baid corporation in a special account as an evidence of good faith and to
ensure against preliminary expenses or loss owing to any default on their
part of the part of any or either of them the sum of three hundred dollars
to be released and returned to the said parties of the first part if the said
by-law is defeated and in the event of the said parties of the first part
being in default or failing to comply with this agreement in any essential
particular after the by-law is carried by a vote of the ratepayers or
authorized by legislation so that the same through their default as afore-
said shall not be duly completed by the carrying out of the covenants and
onditions herein contained the said corporation shall and may apply

the same sum of three hundred dollars or any part or portion thereof
towards the payment of any sum or sums of money expended by the said
corporation in the preparation of these agreements and by Jaw incidental
thereto and in making application to the legislature or in any other way
incurred pursuant to these presents.

And the said parties of the first part further covenant in the manner
aforesaid that they shall and will procure from the said company an agree-
ment to be delivered over to the said corporation before the said ten
thousand dollars or any portion thereof shall be advanced to the said
company together with the said mortgage and insurance policies herein-
before referred to for the proper safeguard of the interests of the said
corporation and as security for the payment of the said loan and the said
agreement shall in addition to any clause or clauses, covenants or condi-
tions herein set forth also contain the following :

1. The said corporation shall in addition to the said advance of ten
thousand dollars grant full exemption from taxes (except school taxes) for
the period of ten years after the said company shall have commenced
operations (said exemptions in any event to commence on the first day of
January in the year A.D. 1901 (one thousand nine hundred and one) in
the manufacture of furniture and for the same period shall furnish water
such as is pumped through our mains and hydrants in accordance with
agreements entered into taetween A. Moyer & Co. and the corporation for
the purpose of the said company on their premises.

3. That the said sum of ten thousand dollars shall not bear interest
until the expiration of five years from the date at which the same is fully
advanced or paid out for the purposes aforesaid and at and from the
expiration of the said five years it shall bear interest at four and a half
(4^) per cent, payable yearly and the said company shall repay interest at
the rate of four and a half per cent, per annnm on such portion thereof as
there is remaining unpaid until paid in full and the said sum of ten thousand
dollars shall be repaid by the said company to to the said corporation in
consecutive yearly payments of five hundred dollars each together with
accrued interest on all unpaid principal and all arrears of interest, such
payments of principal and interest to commence at the end of the ninth
year after the said company shall have comnu need active operations in
the manufacture of furniture or after the said buildings, plant and
machinery are completed and ready for such operations.

5. The payment for insurance policies hereinbefore referred to by way
of premiums or renewals thall be made by the said company.

6. That the said company will, while any portion of the said loan or
interest remains unpaid, keep in good repair by way of a sinking fund
each and every year all the said buildings, plant and machinery, and that
they shall and will allow any person or persons not exceeding two, who
may from time to time be appointed by the said corporation for that pur-
pose, at all reasonable times to enter upon said premises and inspect
the said buildings, plant and machinery and view the state of repair of
the same, and that the company will repair upon notice, and that
this covenant shall be construed in the same manner as though it were a
covenant by a tenant to his landlord under a lease made in pursuance of
The Act respedincj Short Forms of Leases, and irr default of repair accord-
ing to the said notice that the said corporation may enter upon and take

7. That in the event of the said premises or any part thereof being be-
ing destroyed by fire or otherwise at any time- during said term during
which the said principal money or any part thereof remains unpaid the
said company shall be allowed sufficient time to erect arid shall erect sim-
ilar buildings on the same site as those destroyed, and if destroyed by fire
as soon as said buildings are in course of erection the said coporation shall
hand over and pay to the said company as the work progresses such por-
tions of the insurance moneys as shall have come to the hands of the said
corporation in the same manner and proportions as may hereafter be
agreed upon between the said company with the consent of the said cor-
poration and the contractor or contractors who may be engaged to re-
erect the said factory buildings.

8. That in the event of a fire and the re,-erection of the buildings as
aforesaid, new insurance policies upon the new buildings shall be procured
and delivered to the said corporation to cover such interest as said cor-
poration at such time may have in said premises by way. of security to
their said mortgage, and in the event of a fire in the said premises the
company being unwilling to expend moneys received upon the insurance
policies aforesaid in the erection or rebuilding of building destroyed or in-
jured, the corporation may, if they so desire, employ the said moneys for
the purposes aforesaid, or retain the same to apply upon their said mort-
gage security as to the said company may seem advisable.

9. That the said mortgage hereinbefore referred to shall be a mortgage
made in pursuance of The A ct respecting Short h arms oj Mortgages, and
shall, in addition to the covenants therein mentioned, contain such cov-
enants as the corporation of the town of Listowel may deem necessary to
amply secure the repayment of the said money and interest thereon so as
to be advanced and to protect the said corporation against default or de-
faults of the f^aid company, or the breach of any covenants or conditions
herein or in said agreement or mortgage, and to provide for the acceleration
of payment of the said moneys in case of any such default or defaults.

10. That the said company at any time atter the expiration of five ye rs
from the commencement of operations of said company in the manufac-
ture of furniture shall be entitled without notice or bonus to repay to the
said corporation sums of one thousand ($1,100.00) dollars and upwards on
account of Paid principal money and interest, providing all interest in
arrt ar shall be duly paid.

And the said corporation agrees to advance the said sum of ($10,000.00)
ten thousand dollars on the certificate of the architect or person desig-
nated by the corporation dfter his report to council, in meeting assem-
bled, as the same may be required as the work or purchase and erection
of buildings, land, plant and machinery for said company progresses, pro-
vided, however, that the sa-d corporation shall have been legally author-
ized to raise and advance the said money by the Legislature.

In witness whereof the mayor and clerk of the said corporation have set
their hands and oificial seal, and the other parties hereto have set their
hands and seals the day and year first above written.

John Watson, Mayor.
William Bright, Clerk.
Sigued, sealed and delivered [Corporation Seal.^

in the presence of M. McD. Fleming. [Seal."

Andrew Foerch. [Seal.

William H. Wiles. [Seal."

As to the signatures of M. McD. Fleming,
Andrew Foerch and William H. Wiles,
A. St. Geo. Hawkins.

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No. 82. j T>TT T [1900,

BILL

Act respecting the Town of Welland.

WHEREAS the municipal corporation of the town of Wei- Preamble,
land has by its petition prayed that an Act might be
passed to extend the corporate limits of the said town by
taking in certain territory adjacent thereto and being a portion
5 of thp township of Crowland, in the county of Welland ; and
also that the said town might be allowed to pass a by-law
under the provisions of The Municipal Act in that behalf for
exempting from taxation, other than school taxes, for a period
of twenty years any manufacturing industry that might be
IQ established within said town, employing at least fifty em-
ployees ; and whereas it is expedient to grant the prayer of
the said petition.

Therefore, Her Majesty by and with the advice and consent
of the Legislative Assembly of the Province of Ontario enacts
as follows : —

15 1. The limits of the town of Welland, in the county of Wei- Limits
land, are hereby extended to comprise, and the said town shall ®^*®°<^®*^-
hereafter comprise, that certain portion of the township of
Crowland, in the county of W^elland, bounded on the east by
the allowance for road between lots twenty- two and twenty-

20 three in the sixth and seventh concessions of the said town-
ship of Crowland, on the south by the township line between
the townships of Crowland and Humberstone, on the tvest by
the Welland Canal, and on the north by the southern boundary
of the said town of Welland, and ^eing composed of lots twenty-

25 three, twenty -four, twenty-five and that part of twenty-six
east of the Welland Canal in the sixth and seventh concessions
of the said township of Crowland.

3. It shall be lawful for the corporation of the town of Wei- Authority
land to pass a by-law or by-laws exempting from taxation, [j°^*^®
30 other than school taxes, any manufactory established in said
town, and which manufactory employs at least fifty workmen,
for a period of twenty years.

3. The said by-law shall be submitted to the qualified elec- To be sub-
tors of the said town of Welland for their approval in accor- ™ector8*°

35 dance with the provisions of The Municipal Act in relation to
the passage of by-laws for the exempting of manufacturing
establishments from taxation.

4. Section 1 hereof shall not go into effect excepting on the When sec. i
approval in writing of the Lieutenant-Go vernor-in-Council. in*o\orce^

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No. 82.] T)TT T t^^^^

BILL.

An Act respecting the Town of Welland.

WHEREAS the Municipal Corporation of the Town of Wei- P'e^«»bJe.
land has by its petition prayed that an Act might be
passed to extend the corporate limits of the said town by
taking in certain territory adjacent thereto and being a portion
of th<^ Township of Crowland, in the County of Welland ; and
*^whereas there has been no opposition to the said petition f®*
and whereas it is expedient to grant the prayer of the said
petition.

Therefore, Her Majesty by and with the advice and consent
of the Legislative Assembly of the Province of Ontario enacts
as follows : —

1. The limits of the Town of W^elland, in the County of Wei- Limits
land, are hereby extended to comprise, and the said town shall extended,
hereafter comprise, that certain portion of the Township of
Crowland, in the County of Welland, bounded on the east by

the allowance for road between lots twenty-two and twenty-'"
three in the sixth and seventh concessions of the said Town-
ship of Crowland, on the south by the township line between
the Townships of Crowland and Humberstone, on the ivest by
the Welland Canal, and on the north by the southern boundary
of the said Town of Welland, and being composed of lots twenty-
three, twenty-four, twenty-five and that part of twenty-six
east of the Welland Canal in the sixth and seventh concessions
of the said Township of Crowland, *^and all of the provisions
of the general laws of this Province relating to the annexation
of territory to a town shall apply as if the territory herein-
before described had been annexed to the Town of Welland
under the provisions of The Municipal Acf^*

2. Section 1 hereof shall not go into effect ^^until approved ^^,f" ^®°- ^
by Order of the'®* Lieutenant-Governor in Council '^^nor until lata forcT
a date to be named in a proclamation by the Lieutenant-
Governor in Council in the Ontario Gazette."^

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No. 83 ] "DTT T [1900.

BILL.

An Act to incorporate The Nepigon Lands Company.

10 ing locations and other lands and property conveyed to or
possessed by John Joseph Marvin and Henry Saxton Sibley,
and held by them in trust under the provisions of the declara-
tion of trust, bearing date the 26th day of April, A.D. 1890,
and to confirm and declare binding upon all the certificate

15 holders interested in the said trust the agreement for the for-
mation of a company to hold, work, manage and deal with the
property so held by the said John Joseph Marvin and Henry
Saxton Sibley ; and whereas the proposed basis of incorpora-
tion of the said company appears to be exceptional, and such

20 as could not be embodied in a charter of incorporation under
the provisions of The Ontario Companies Act and Ihe On-
tario Mining Companies Incorporation Act ; " and whereas
it is expedient to grant the prayer of the said petition :

Therefore Her Majesty, by and with the advice and consent
25 of the Legislative Assembly of the Province of Ontario, enacts
as follows :

1. The said Theodore Horatio Eaton, Clarence Carpenter, ipcorpora-
Cameron Currie, Sidney Trowbridge Miller, and Nicol Kings- ''°°'
mill, together with such other persons, firms and corporations

30 as shall become shareholders in the company hereby incorpor-
ated, are hereby constituted and declared to be a body cor-
porate, with perpetual succession and a common seal, under
the name of The Nepigon Lands Company.

2. The said company shall have power to carry on in all its Nature of
35 branches the business of a mining, milling, reduction and de- business.

velopment company, and all the powers specified in section 4
of Ihe Ontario Mining Companies' Incorporation Act shall
be and the same are hereby incorporated into this Act, and the

Rev. Stat.,
c. 197, SB. 4
and 6.

Rev. Stat.,
c. 197 to
apply.

provisions of section 6 of The Ontario Mining Companies' In-
corporation Act shall apply to the charter of the said com-
pany.

3. The provisions of the sections of The Ontario Co7npanies'
Act, mentioned in section 7 thereof, shall apply and relate to
the said company, except sections 23 and 24 thereof, and all the
provisions of The Ontario Mining Companies' Incorporation
Act, which are not inconsistent with this Act, shall also in like
manner apply and relate to the said company.

Rev.StaL
c. 191, B. 106.

Head office.

Limit of
operations.

4. Wherever in The Ontario Companies' Act provision is 10
made for obtaining supplementary letters patent for any pur-
pose, the said company may apply under the provisions of sec-
tion 106 of The Ontario Companies' Act for letters patent for
any purpose for which such supplementary letters patent
might be granted. 15

5. The head office of the said company shall be at the city
of Toronto, in the Province of Ontario.

6. The undertaking of the said company shall be carried on
in the districts of Thunder Bay and Algoma, in the Province

of Ontario, or at such other places within the said Province 20
as the board of directors may from time to time determine.

Aliens. 7. Aliens as well as British subjects (whether resident in

Canada or elsewhere) may be shareholders in the said com-
pany, and all such shareholders shall be entitled to vote on
their shares equally with British subjects, and shall also be 25
eligible to hold office as directors or otherwise in said com-
pany, and in all other affairs of the said company shall enjoy
the same rights and privileges as shareholders as they could
do if British subjects.

Capital stock. 8. The amount of capital stock of the said company shall 30
be $1,500,000, divided into 15,000 shares of SI 00 each.

Provisional
directors.

9. The persons named in section
directors of the said company.

1 shall be the provisional

Real estate. 10. All the estate, real and personal, of whatever kind or

description, and wherever situate, at the time of the passing 35
of this Act, vested in or possessed by John Joseph Marvin and
Henry Saxton Sibley, or which they may hold or be entitled
to hold under or subject to the declaration of trust, bearing
date the 26th day of April, 1890, set forth in schedule A to this
Act, is hereby vested in the said company, discharged of and 40
from the operations and provisions of the trust, created by the
said declaration of trust, and the said company shall be liable
upon and entitled to all the benetits of all contracts, obliga-
tions and debts entered into, incurred by or payable to the said

John Joseph Marvin and Henry Saxton Sibley under the said
declaration of trust or in relation to the provisions thereof.

11, The provisions contained in the proviso to section 25 Rev. Stat,
of The Ontario Companies Act as to the holding of real estate °' ^^^' ®" ^^'
5 shall not apply to the lands hereby vested in the said com-
pany.

13. It shall be lawful for the directors of the said company, Sales or
upon making sales, leases or exchanges of any real or personal exchanges,
property, or any interest therein, or mining or manufacturing

10 arrangements with any company or corporation, to take in
consideration, or in part consideration therefor, shares, deben-
tures or bonds in any such company or corporation, provided
that the approval shall be first obtained by resolution of a
majority in value of the shareholders of the said company,

15 present in person or by proxy, at a special general meeting
called for the purpose, which approval may be general and
embrace all matters which from time to time it may be desir-
able to carry out, or may be given from time to time in refer-
ence to any specified matter or matters.

20 13. It appearing that a majority of the certificate holders Agreement
under the declaration of trust, set forth in schedule " A," have °°° ^"^^ '
signed the agreement respecting the formation of the said
company, set forth in schedule " B," the said agreement is
hereby confirmed and declared to be valid and binding on all

25 persons, firms and corporations who have signed the same,
and shall be deemed to have been assented to by all the hold-
ers of cei tificates issued by the trustees under the said trust,
and shall be binding upon all the certificate holders.

• 14. All the persons who at the time of the passing of this Certificate

30 Act are certificate holders, under the declaration of trust set ^^^^^^ fi^**
forth in schedule " A," ai e hereby declared to be shareholders
in the said company, and shall, upon the organization of the
company, be entitled to demand and receive, under section 15,
a share for every certificate surrrndered to the company ; but
35 no shareholder, after the meeting organizing the company,
shall be entitled to exercise any right, or receive any benefit,
of being a shareholder until the certificate or certificates of
such shareholder be surrendered to the company, or the sur-
render thereof be dispensed with by the company, and shares
40 of the company issued in exchange therefor.

15. The shares in the said company to be issued to certifi- Paid up
cate holders in exchange for their certificates under the agree- shares,
ment set out in schedule " B " shall be, and the same are here-
by declared, when issued, to be fully paid up and unassessable
45 shares, and for the purpose of removing any doubt as to the
true meaning of the provision made in respect of cash advances
contained in schedule " B," it is hereby declared that the cer-

tificate holders who have made any such cash advances shall
be entitled to receive shares in proportion to twice the amount
of their respective advances, and not to twice their respective
holdings of trust certificates, and that the shares to be issued
in respect of such cash advances sliall be, and the same are 5
hereby declared when issued to be fully paid up and unassess-
able shares.

Liquidaticn 16. The directors may pay, or agree to pay in paid-up
of liabiliuee. gtock, such sums as they may deem expedient in liquidation

of any liabilities or obligations which the trustees or the trust 10
estate might or could be made liable for, or for which the said
company may by virtue of section 10 of this Act become
liable, and such shares, when issued under the authority of
any resolution of the directors, shall be, and the same are here-
by, declared to be fully paid up and unassessable shares. 15

Remuneration 17. The said John Joseph Marvin and Henty Saxton Sib-
of trustees. ley shall, upon passing their accounts, be allowed under the
provisions of The Trustees Act, reasonable remuneration for
their services as trustees, which shall be paid to them by the
said company, and thereafter or upon complying with the di- 20
rections (if any; of the order or report to be made upon such
passing of accounts, the said John Joseph Marvin and Henry
Saxton Sibley shall be relieved from all liability under or in
respect of their said trust, and discharged therefrom.

Coats. 18. The costs and expenses of and incidental to the procur- 25

ing of this Act shall be paid by the company and be a charge
upon its undertalsing.

SCHEDULE A.

(Section 10).

Know all men by these presents, that whereas, we, Jolin J. Marvin,
of the city, county and state of New York, and Henry S. Sibley, of
the city of Detroit, county of \Vayne, and state of Michigan, trustees for
the uses and purposes herein set forth have acquired title to a part ! nd
are to acquire title to all of the lands and pi'operties formerly belaiging to
the Silver Islet Consolidated Mining and Lands Company, a corporation
duly organized under the laws of the state of New York, being all the
lands and properties the legal title to which was, prior to December 18(h,
1882, held for said company by George S. Coe. Peleg Hall, Jehn J. Mar-
vin, Charles A. Tiowbridge and Edward Learned, trustees, including also
what is known ss the Mamaitise location, which was conveyed by said
George S. Coe, Peleg Hall, John J. Marvin, Charles A. Trowbridge and
Edward Learned, trustees, to William P. Dixon, trustee for bondholders
—also all property of every name and nature and de^criptii-n, real or
personal, the legal or equitable tide to which has heretofore at any time
been vested in the Silver Islet Consolidated Mining and Lands Company.

Now, therefore, we do declare that we hold all of said lands and prop-
erties in trust to sell, convey and dispose of the same for cash or for part
cash and part stock or bonds of some corporation to be hereafter formed
for the purpose of acquiring title to the whole or some part hereof, and

out of the proceeds thereof to pay the expenses of this trust and to divide
the residue among the holders of trust certificates issued by us, bearing
even date herewith, the number, value, precedence and disposition
whereof is hereinafter set forth. The price at which the whole or any
part of sa!d lands shall be sold, the terms and conditions of all sales, the
bonuses and commissions to be paid to agents or promoters and the time
and manner of sales shall be exclusively within our discretion as trustees,
and our action shall be final and binding upon all of the certificate hold-
ers, subject only to the following provisos : —

1. Provided, that no sale shall be made except for sufficient cash to pay
the expenses of this trust and to pay twenty-five (f 25) dollars on each
certificate hereinafter declared to be a preferred certificate.

2. Provided, that no sales shall be made for cash or partly for cash and
partly for stock or bonds where the cash consideration shall be less than
eight hundred thousand dollars ($800,000) except the same shall be
assented to in writing by the holders of a majority of the certificates
actually issued and registered.

3. Provided, that in all cases where we, as trustees, are acting within
our powers as herein declared or reserved and are unable to agree, a
direction in writing signed by the holders of a majority of the certificates
actually issued and registered shall be decisive.

4. Provided, that in the case of death, refusal to act, or disability of
either trustee, his successor shall be chosen by a vote of the registered
holders of a majority of the trust certificates actually issued to be called
together for that purpose, by the surviving trustee.

The number of the trust certificates to be issued by us shall be four
thousand (4,000) numbered from number one (1) to number four thou-
sand (No. 4,000) inclusive.

The names of all certificate holders and the numbers of the certificate
held by each shall be registered with us.

The par value of each of said certificates is one hundred dollars ($100).

Certificates number one (No. 1) to number thirty-four hundred (No.
3,400) inclusive, are hereby declared to be preferred certificates.

Certificates number one (No. 1) to number thirty-two hundred (No.
3,200) inclusive, have this day been issued to the persons whose names,
and the numbers of whose certificates have been duly registered with us.

Certificates number thirty-two hundred and one (3,201) to number
thirty-four hundred (No. 3,400) inclusive, shall be issued for sale and
shall be known as Treasury certificates. But no such certificate- shall be
sold for less than par value thereof, to wit, one hundred dollars ($100).

Certificates number thirty-four hundred and one (3,401) to number
four thousand (No. 4,000) inclusive, shall be issued to holders of thirteen
thousand four hundred dollars ($13,400) of bonds of the Silver Islet Con-
solidated Mining and Lands Company, (being so much of the issue of said
bonds as was not assigned to the American Exchange National Bank of
New York as collateral security) to the amount of principal and interest
due thereon and the following creditors : John J. Marvin, B. E. Strong,
Esta'e of Charles A. Trowbridge, the Estate of Edward Learned,
deceased, Kingsmill, Cattanach and Symons, and Stickney and Shepard.
Said certificates to applied at not less than their par value to the extin-
guishment of the claims of said bondholders and creditors. Said certifi-
cates to be deliverable to said bondholders and creditors at such times
and on such conditions as we, the said trustees may decide.

All monies received from the sale or other disposition of said lands and
said properties and all monies received from the sale of treasury certi-
ficates shall be applied first to the payment of expenses connected with
this trust and the residue shall be divided pro rata between the holders
of preferred certificates (but not including unsold treasury certificates)
until there shall have been paid upon each of said preferred certificates
the sum rf twenty-five dollars ($25).

All further monies and all stock or bonds realized from the sale or
disposition of said lands or properties shall belong pro rata to the holders
of certificates from number one (No. 1) to number four thousand (No.

4,000) inclusive, so far as the satre shall have been actually issued and
shall from time to time be paid to and divided between said holders.

Only conveyances executed by both of us said trustees shall operate as
valid conveyances of any of said property.

In witness whereof, we have hereunto set our hands and seals this 26th
day of April, A.D. 1890.

(Signed) John J. Marvin.
Henky S. Siblby.

SCHEDULE B.

{Section 13).

'I'he lands and premises formerly belonging to the Silver Islet Consoli-
date Mining and Lands Company, a New York corporation, being all the
lauds and pr ^perties, the legal title to which was prior to December I8th,
1882, he'd for said company by George S. Coe, Peleg Hall, John J. Mar-
vin, Charles A. Trowbridge and Edward Learntd, tiustees, including also
what IS known as the Mamainse Locations, which was conveyed by the
trustees aforesaid to William P. Dixon, trustee, for bondholders, and also
all property of every name, nature and description, real and personal, the
legal or equitable title to which had at any time prior to April 26th, 1890,
been vested in the Silver Islet Consolidated Mining and Lands Company,
are now held by John J. Marvin, of New York City, and Henry S. Sibley,
of Detroit, Michigan, in trust under the terms and conditions of their
declaration of trust bearing date April 26th, 1890.

It has been represented to me that a large majority of the parties in
interest, holding certificates under said trust, have informally agreed to
an incorporation for the purpose of facilitating the handling of the pro-
perties, and the payment of taxes and other charges which have accrued
against said trust, to that end, I,, the undersigned, for my part, as a
certificate holder, hereby authorize Frederick T. Sibley, Sidney T. Miller
and James Cosslett Smith, jr., all of Detroit, Michigan, who are herein-
after designated as " agents " to take all the necessary and proper steps to
organize a corporation either under the laws of the Dominion of Canada,
or one of the Provinces thereof, or one of the States of the United States,
the form, objects, and location, and amount of the capital stock thereof,
and the law or laws under which the same is to be organized, and all
matters relating thereto, to be entirely in the discretion of said " agents."

And I further hereby re(|uest, instruct and direct the said John J,
Marvin and Henry S. Sibley, trustees, so far as ray interests are con-
cerned, as soon as the incorporation is complete, and they are requested
so to do by said " agents " or a majority of them, to assign, set over, and
transfer, absolutely to such incorporated company, all of the aforesaid
lands and properties, both real and personal.

It is expressly understo d and agreed that shares of capital stock in the
incorporated company shall be allotted in proper ion to the holdings of
certificates under said trust, except that those certificate holders who have
heretofore made cash advances for the purposes of said trust shall be
entitled to receive shares of stock in proportion to twice their respective
holdings of such trust certificates as of April 1st, 1899.

My holding of certificates I agree to deliver up to said corporation for
cancellation in exchange for such shares or stock whenever tender of the
latter is made to me.

It is further understood and agreed that the foregoing is not to be bind-
ing upon me until a majority in interest of certificate holders under said
trust shall have formerly agreed to the same efiect.

I hold Trust Certificates, Nos

(Signed)

Dated April 1st, 1899,

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No. 83.] "DTT T [1900.

BILL.

An Act to incorporate The Nepigon Mining Company.

WHEREAS Theodore Horatio Eaton, Clarence Carpenter, Preamble
Cameron Currie, and Sidney Trowbridge Miller, all of
the city of Detroit, in the State of Michigan, and Nicol Kings-
mill, of the city of Toronto, Province of Ontario, have peti-
tioned for an Act to incorporate the petitioners as a company,
to be called "The Nepigon if mir?^ Company," hereinafter called
"the said company," to carry on in all its branches the busi-
ness of a mining, milling reduction and development company
in the Province of Ontario, and to acquire those certain min-
ing locations and other lands and property ^^formerly be-,
longing to the Silver Islet Consolidated Mining and Lands
Company,"®* conveyed to or possessed by John Joseph Marvin
and Henry Saxton Sibley, and held by them in trust under
the provisions of the declaration of trust, bearing date the
26th day of April, A.D. 1890, '^^and endorsed upon certain
certificates defining the interest of the parties interested in
the said trust,*^* and to confirm and declare binding upon all
the certificate holders interested in the said trust the agree-
ment for the formation of a company to hold, work, manage
and deal with the property so held by the said John Joseph
Marvin and Henry Saxton Sibley ; ^^ and whereas the con-
sent of more than three-fourths of the certificate holders has
been obtained to such incorporation and to the agreement set
forth in Schedule Bi'^^and whereas the proposed basis of incor-
poration of the said company appears to be exceptional, and such
as could not be embodied in a charter of incorporation under
the provisions of The Ontario Companies' Act and Ihe On-
tario Mining Companies Incorporation Act ; " and whereas
it is expedient to grant the prayer of the said petition :

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows :

1. The said Theodore Horatio Eaton, Clarence" Carpenter, Incorpora-
Cameron Currie, Sidney Trowbridge Miller, and Nicol Kings- *''*'°"
mill, together with such other persons, firms and corporations
as shall become shareholders in the company hereby incorpor-
ated, are hereby constituted and declared to be a body cor-
porate, with perpetual succession and a common seal, under
the name of 'The Nepigon Mining Company."

3. The said company shall have power to carry on in all its Nature of
branches the business of a mining, milling, reduction and de- "^'°^^''-

Rev. Stat.,
c. 197, SB. 4
and 6.

Rev. Stat.,
c. 197 to
apply.

Rev. Stat.
c. 101, s. 106.

Head office.

Limit of
operations.

velopment company, with all the powers specified in section 4
of The Ontario Mining Companies' Incorporation Act *^and
save where varied by the provisions of this Act, all the provisions
of the said The Ontario Mining Companies' Incorporation Act
shall apply to the said company as if the same had been in-
corporated by letters patent under the said Act."^

3. ^Save where inconsistent with the provisions of The
Ontario Mining Companies' Incorporation Act, and this Act,
all'M the provisions of the sections of The Ontario Companies
Act, mentioned in section 7 thereof, shall apply and relate to
the said company, except sections 23 and 24 thereof.

4:. Wherever in The Ontario Companies' Act provision is
made for obtaining supplementary letters patent for any pur-
pose, the said company may apply under the provisions of sec-
tion 106 of The Ontario Companies' Act for letters patent for
any purpose for which such supplementary letters patent
might be granted.

5. The head office of the. said company shall be at the city
of Toronto, in the Province of Ontario.

6. The undertaking of the said company shall be carried on
in the districts of Thunder Bay and Algoma, in the Province
of Ontario, or at such other places within the said Province
as the board of directors may from time to time determine.

Aliens. 7. Aliens as well as British subjects (whether resident in

Canada or elsewhere) may be shareholders in the said com-
pany, and all such shareholders shall be entitled to vote on
their shares equally with British subjects, and shall also be
eligible to hold office as directors or otherwise in said com-
pany, and in all other affairs of the said company shall enjoy
the same rights and privileges as shareholders as they could
do if British subjects.

Capital stock. 8. The amount of capital stock of the said company shall
be $1,500,000, divided into 15,000 shares of $100 each.

Provisional
directors.

Real estate.

9. The persons named in section 1 shall be the provisional
directors of the said company.

10. All the estate, real and personal, of whatever kind or
description, and wherever situate, at the time of the passing
of this Act, vested in or possessed by John Joseph Marvin and
Henry Saxton Sibley, or which they may hold or be entitled
to hold under or subject to the declaration of trust, bearing
date the 26th day of April, 1890, set forth in schedule A to this
Act, is hereby vested in the said company, discharged of and
from the operation and provisions of the trust, created by the
said declaration of trust, and the said company shall be liable
upon and entitled to all the benefits of all contracts, obliga-
tions and debts entered into, incurred by or payable to the said

John Joseph Marvin and Henry Saxfcon Sibley under the said
declaration of trust or in relation to the provisions thereof.

11. The provisions contained in the proviso to section 25 Rev. Stat,
of The Ontario Companies' Act as to the holding of real estate *'' ^^^' ^' '^^'
shall not apply to the lands hereby vested in the said com-
pany.

13. It shall be lawful for the directors of the said company, Sales or
upon making sales, leases or exchanges of any real or personal ^^^ an&es.
property, or any interest therein, or mining or manufacturing
arrangements with any company or corporation, to take in
consideration, or in part consideration therefor, shares, deben-
tures or bonds in any such company or corporation, provided
that the approval shall be first obtained by resolution of a
majority in value of the shareholders of the said company,
present in person or by proxy, at a special general meeting
called for the purpose, which approval may be general and
embrace all matters which from time to time it may be desir-
able to carry out, or may be given from time to time in refer-
ence to any specified matter or matters.

13. It appearing that a majority of the certificate holders Agreement

COIlIlI*II16Cl

under the declaration of trust, set forth in schedule " A," have
signed the agreement respecting the formation of the said
company, set forth in schedule " B," the said agreement is
hereby confirmed and declared to be valid and binding on all
persons, firms and corporations who have signed the same,
and shall be deemed to have been assented to by all the hold-
ers of certificates issued by the trustees under the said trust,
and shall be binding upon all the certificate holders.

14. All the persons who at the time of the passing of this Certificate
Act are certificate holders, under the declaration of trust set ghireholders.
forth in schedule " A," are hereby declared to be shareholders

in the said company, and shall, upon the organization of the
company, be entitled to demand and receive, under section 15,
a share for every certificate surrendered to the company ; but
no shareholder, after the meeting organizing the company,
shall be entitled to exercise any right, or receive any benefit,
of being a shareholder until the certificate or certificates of
such shareholder be surrendered to the company, or the sur-
render thereof be dispensed with by the company, and shares
of the company issued in exchange therefor.

15. The shares in the said company to be issued to certifi- Paid up
cate holders in exchange for their certificates under the agree- s^*"^®^-
ment set out in schedule '.' B " shall be, and the same are here-
by declared, when issued, to be fully paid up and unassessable
shares, and for the purpose of removing any doubt as to the

true meaning of the provision made in respect of cash advances
contained in schedule " B," it is hereby declared that the cer-

tificate holders who hav e made any such cash advances shall
be entitled to receive shares in proportion to twice the amount
of their respective advances, and not to twice their respective
holdings of trust certificates, and that the shares to be issued
in respect of such cash advances shall be, and the same are
hereby declared when issued to be fully paid up and unassess-
able shares.

Liquidation 16. The directors may pay, or agree to pay in paid-up
of liabilities. gj^^Qg]^^ such sums as they may deem expedient in liquidation
of any liabilities or obligations which the trustees or the trust
estate might or could be made liable for, or for which the said
company may by virtue of section 10 of this Act become
liable, and such shares, when issued under the authority of
any resolution of the directors, shall be, and the same are here-
by, declared to be fully paid up and unassessable shares.

Remuneration 17. The said John Joseph Marvin and Henry Saxton Sib-
o trustees. ^qj shall, upon passing their accounts, be allowed under the
provisions of The Trustees Act, reasonable remuneration for
their services as trustees, which shall be paid to them by the
said company, and thereafter or upon complying with the di-
rections (if any; of the order or report to be made upon such
passing of accounts, the said John Joseph Marvin and Henry
Saxton Sibley shall be relieved from all liability under or in
respect of their said trust, and discharged therefrom.

Costs. 18 The costs and expenses of and incidental to the procur-

ing of this Act shall be paid by the company and be a charge
upon its undertaking.

SCHEDULE A.

(Section 10).

Know all men by these presents, that whereas, we, John J. Marvin,
•of the city, county and state of New York, and Henry S. Sibley, of
the city of Detroit, county of vVayne, and state of Michigan, trustees for
the uses and purposes herein set forth have acquired title to a part and
are to acquire title to all of the lands and properties formerly belonging to
the Silver Islet Consolidated Miuinw and Lands Conqjany, a corporation
duly organized under the laws of the state of New York, being all the
lands and properties the legal title to which was, i)rior to December 18th,
1882, held for said company by George S. Coe, Pelcg Hall, John J. Mar-
vin, Charles A. Trowbridge and Edward Learned, trustees, including also
what is known as the Mainainse location, which was conveyed by said
George S. Coe, Peleg Hall, John J. Marvin, Charles A. Trowbridge and
Edward Learned, trustees, to William P. Dixon, trustee for bondholders
— also all property of every name and nature and description, real or
personal, -the legal or efjuitable title to which has heretofore at any time
been vested in the Silver Islet Consolidated Mining and Lands Company.
Now, therefore, we do declare that we hold all of said lands and prop-
erties in trust to sell, convey and dispose of the same for cash or for part
cash and part stock or bonds of some corporation to he hereafter formed
for the purpose of acquiring title to the whole or some part hereof, and

out of the proceeds thereof to pay the expenses of this trust and to divide
the residue among the holders of trust certificates issued by us, bearing
even date herewith, the number, value, precedence and disposition
whereof is hereinafter set forth. The price at which the whole or any
Iiart of said lands shall be sold, the terms and conditions of all sales, the
bonuses and commissions to be paid to agents or promoters and the time
and manner of sales shall be exclusively within our discretion as trustees,
and our action shall be final and binding upon all of the certificate hold-
ers, subject only to the following provisos :—

1. Provided, that no sale shall be made except for sufficient cash to pay
the expenses of this trust and to pay twenty-five ($25) dollars on each
certificate hereinafter declared to be a preferred certificate.

4. Provided, that in the case of the death, refusal to act, or disability of
either trustee, his successor shall be chosen by a vote of the registered
holders of a majority of the trust certificates actually issued to be called
together for that purpose, by the surviving trustee.

The number of the trust certificates to be issued by us shall be four
thousand (4,000) numbered from number one (1) to number four thou-
sand (No. 4,000) inclusive.

The names of all certificate holders and the numbers of the certificate
held by each shall be registered with us.

The par value of each of said cei'tificates is one hundred dollars ($1(K)).

Certificates number one (No. 1) to number thirty-four hundred (No.
3,400) inclusive, are hereby declared to be preferred certificates.

Certificates number thirty-two hundred and one (No. 3,201) to number
thirty-four hundred (No. 3,400) inclusive, shall be issued for sale and
shall be known as Treasury certificates. But no such certificate shall be
sold for less than par value thereof, to wit, one hundred dollars ($100).

Certificates number thirty-four hundred and one (3,401) to number
four thousand (No. 4,000) inclusive, shall be issued to holders of thirteen
thousand four hundred dollars ($13,400) of bonds of the Silver Islet Con-
solidated Mining and Lands Company, (being so much of the issue of said
bonds as was not assigned to the American Exchange National Bank of
New York as collateral security) to the amount of principal and interest
due thereon and the following creditors : John J. Marvin, B. E. Strong,
the Esta'e of Charles A. Trowbridge, the Estate of Edward Learned,
deceased, Kingsmill, Cattanach and Symons, and Stickney and Shepard.
Said certificates to applied at not less than their par value to the extin-
guishment of the claims of said bondholders and creditors. Said certifi-
cates to be deliverable to said bondholders and creditors at such times
and on such conditions as we, the said trustees may decide.

All further monies and all stock or bonds realized from the sale or
disposition of said lands or properties shall belong pro rata to the holders
of -certificates from number one (No. 1) to number four thousand (No.

4,000) inclusive, so far as the same shall have been actually issued and
shall from time to time be paid to and divided between said holders.

Only conveyances executed by both of us said trustees shall operate as
valid conveyances of any of said property.

In witness whereof, we have hereunto set our hands and seals this 26th
day of April, A.D. 1890.

(Signed) John J. Marvin.
Henry S. Sibley.

SCHEDULE B.

{Section 13). '

The lands and premises formerly belonging to the Silver Islet Consoli-
date Mining and Lands Company, a New York corporation, being all the
lands and properties, the legal title to which was prior to December 18th,
1882, held for said company by George S. Coe, Peleg Hall, John J. Mar-
vin, Charles A. Trowbridge and Edward Learned, trustees, including also
what is known as the Mamainse Locations, which were conveyed by the
trustees aforesaid to William P. Dixon, trustee, for bondholders, and also
all property of every name, nature and description, real and personal, the
legal or equitable title to which had at any time prior to April 26th, 1890,
been vested in the Silver Islet Consolidated Mining and Lands Company,
are now held by John J. Marvin, of New York City, and Henry S. Sibley,
of Detroit, Michigan, in trust under the terms and conditions of their
declaration of trust bearing date April 26th, 1890.

It has been represented to me that a large majority of the parties in
interest, holding certificates under said trust, have informally agreed to
an incorporation for the purpose of facilitating the handling of the pro-
perties, and the payment of taxes and other charges which have accrued
against said trust, to that end, I, the undersigned, for my part, as a
certificate holder, hereby authorize Frederick T. Sibley, Sidney T. Miller
and James Cosslett Smith, jr., all of Detroit, Michigan, who are herein-
after designated as " agents " to take all the necessary and proper steps to
organize a corporation either under the laws of the Dominion of Canada,
or one of the Provinces thereof, or one of the States of the United States,
the form, objects, and location, and amount of the capital stock thereof,
and the law or laws under which the same is to be organized, and all
matters relating thereto, to be entirely in the discretion of said " agents."
And I further hereby request, instruct and direct the said John J.
Marvin and Henry S. Sibley, trustees, so far as my interests are con-
cerned, as soon as the incorporation is complete, and they are requested
so to do by said " agents " or a majority of them, to assign, set over, and
transfer, absolutely to such incorporated company, all of the aforesaid
lands and properties, both real and personal.

It is expressly understood and agreed that shares of capital stock in the
incorporated company shall be allotted in proportion to the holdings of
certificates under said trust, except that those certificate holders who have
heretofore made cash advances for the purposes of said trust shall be
entitled to receive shares of stock in proportion to twice their respective
holdings of such trust certificates as of April 1st, 1899.

My holding of certificates I agree to deliver up to said corporation for
cancellation in exchange for such shares or stock whenever tender of the
latter is made to me.

I hold Trust Certificates, Nos

(Signed)

Dated April 1st, 1899.

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No. 84] DTf T [1900

BILL.

An Act to confirm By-law Number 895 of the
Town of Peterborouo-li.

'O'

WHEREAS the Corporation of the Town of Peterborough Preamble.
have by tlieir petition shown that the Canadian Gen-
eral Electric Company, Limited, propose to erect during the
present j-ear an additional building for the purpose of their
5 manufacturing business in the Town of Peterborough at least
250 feet in length by 100 feet in width, and are also desirous
of carrying electric power from the dam at Nassau to their
works and that the said corporation of the Town of Peter-
borough deem it expedient to assist and encourage the said

IQ company in the erection of their said building and the exten-
sion of their works by granting exemption from taxation and
by authorizing the erection of poles and wires for the trans-
mission of electricity to the said works, and that the corpor-
ation of the Town of Peterborough have passed a by-law of

15 the said corporation Number 895 entitled " A by-law to grant
additional exemption to the Canadian General Electric Com-
pany, Limited, and for other purposes," to exempt the said
company from taxation except as to school taxes for the period
of ten years from the first day of January, 1901, and to fix the

20 assessment of the said company for the said period at the sum
of one hundred thousand dollars, and to authorize the placing
of poles and wires for the transmission of electricity on certain
streets of the Town of Peterborough, which said by law is
declared to have no force or effect unless and until the same is

25 confirmed by Act of the Legislature of the Province of Ontario,
and have prayed for the passing of an Act to confirm said
by-law ; and whereas it is expedient to grant the prayer of
the said petition.

Therefore Her Majesty, by and with the advice and consent
30 of tl^e Legislative Assembly of the Province of Ontario enacts
as follows ; —

By-law Number 895 of the corporation of the Town of By-law No.
Peterborough, passed on the tenth day of March, 1900, entitled ^^^ confirmed.
" A by-law to grant additional exemption to the Canadian Gen-
35 eral Electric Company, Limited, and for other purposes," which
by-law is set out in schedule A hereto is hereby confirmed and
declared legal and valid according to the true intent and mean-
ing thereof.

SCHEDULE A

By-law Number 895.

A bylaw to grant additional exemption to the Canadian General
Electric Company, Limited, and for other purposes. Passed the
tenth day of March; 19C0.

Whereas the Canadian General Electric Company, Limited, propose to
erect during the present year an additional building for the purpose of
their manufacturing business at least 250 feet in length by 100 feet in
width and are also desirous of carrying electric power from the dam at
Nassau to their works and the corporation of the Town of Peterborough
deem it expedient to assist and encourage the said company in the erection
of the said building and the extension of their work by granting addit-
ional exemption from taxation and by authorizing the erection of poles
and wires for the transmission of electricity to tlie said works as herein-
after provided.

The corporation of the Town of Peterborough by the council thereof
therefore, enacts as follows : —

1. This by law shall have no force or effect unless and until the same is
confirmed by Act of Legislature of the Province of Ontario.

2. This by-law shall have no force or effect unless the company shall
during the year 1900, erect upon the lands in the Town of Peterborough
occupied by them a substantial brick building 250 feet in length by lUO
feet in width. Provided always that if the erection and completion of the
said building shall, after the same has been bona fide entered upon, be
delayed by strikes or unforeseen causes which justify the non-completion
of the same during the current year the time for such completion shall be
extended but not beyond the year 1901 in which case the completion of
the said building by the time limited shall be deemed a sufficient com-
pliance with the provisions of this section.

8. The manufacturing establishment of The Canadian General Electric
Company, situate upon park lots fourteen, fifteen and sixteen in township
lot thirteen in the twelfth concession of the township of North Monaghan
and now in the town of Peterborough, and the personal property and
income of the said company are hereby exempted from municipal taxes,
except as to school taxes, for the period of ten years from the first day of
January, 1901, the exemption hereby provided for to include the exemp-
tion already granted to the said company, which shall remain as effectual
and valid as if this by-law had not been passed. Provided always that
such exemption shall not apply to any real property used for dwelling
houses or for any purpose other than for manufacturing purposes.

4. The assessment of the said manufacturing establishment of the said
company, including the above-mentioned real and personal property in
connection therewith, and the income of the company is hereby fixed at
the sum of one hundred thousand dollars, and the assessors shall in each
year for the period ot ten years, commencing with the year 1901 and
ending with the assessment on which the taxation for the year 1910 shall
be based, return the assessment of the real and personal property and
income of the said company in respect of the said manufacturing estab-
lishment, at the said sum of one hundred thousand dollars. Provided,
however, that in the event of the destruction of the works, or any part
thereof, so that the value of the same shall not be equal to the said sum
of one hundred thousand dollars, the assessment shall be made while such
value is under one hundred thousand dollars as if this by-law had not been
passed. The provisions of this paragraph shall not extend to any real
property used for dwelling houses or for any purpose other than manu-
facturing purposes.

5. Upon the said company executing a contract between that company
and the corporation of the town of Peterborough, in form noAv approved
by the council as to the manner in which the current is to be carried on
such wires and otherwise as in the contract prepared for the purpose
more particularly set out, The Canadian General Electric Company,
Limited, are hereby authorized to erect and maintain poles and wires for

the transmission of electricity for the^purpose'of transmitting power from
Nassau to their said works, on and along the following streets and parts
of streets, that is to say, on and along Water Street from the northern
boundary of the town to Smith Street, thence along Smith Street west-
' ward to the Boundary Road on the western boundary of the town, thence
southerly along said Boundary Road to the property of the company, and
on and along such other streets and parts of streets as may be approved by
resolution or by-law of the council, such poles to be placed under the
supervision of the town engineer, and to carry and transmit thereon such
current as may be necessary for their said works.

6. Notwithstanding anything contained in by-law number 770 of the
said corporation, the said company shall not be liable to pay any sum for
the use of the streets as long as the use of electric power carried on their
wires is confined to their own works.

7. Nothing in this by-law, or in the said contract contained shall be
deemed to limit or interfere, except as to the extent aforesaid, with the
control of such streets by the said corporation under the municipal Act or
any by-law or agreement now in force with regard to the placin;; of poles
on streets, or their power to grant any right or license to any telegraph
company, street railway company, or any company for the transmission
of electricity, to use the streets and lanes of the said town for tlie purpose
of placing poles, ducts and wires for any purpose.

Jas. Kendrey,

Mayor.

S. R. Armstrong,

Town Clerk.

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No. 84] "DTT T t^^^^

BILL

An Act to confirm By-law Number 895 of the
Town of Peterborough.

WHEREASthe Municipal CorTpora,tionoi the Town of Peter- Preamble,
borough has by petition shown that the Canadian Gen-
eral Electric Company, Limited, propose to erect during the
present year an additional building for the purpose of their
manufacturing business in the Town of Peterboi'ough at least
250 feet in length by 100 feet in width, and are also desirous
of carrying electric power from the dam at Nassau to their
works and that the said the Tnunicipal cor-poration of the Town
of Peterborough deems it expedient to assist and encourage the
.said company in the erection of their said building and the
extension of their works by granting ^an extension of
the 'existing.^!' exemption from taxation and by authoriz-
ing the erection of poles and wires for the trans-
mission of electricity to the said works, and that the corpor-
ation of the Town of Peterborough has passed a by-law of
the said corporation Numbered 895 entitled " A by-law to grant
additional exemption to the Canadian General Electric Com-
pany, Limited, and for other purposes," to exempt the said
company from taxation except as to school taxes for the period
of ten years from the first day of January, 1901, and to fix the
assessment of the said company for the said period at the sum
of one hundred thousand dollars, and to authorize the placing
of poles and wires for the transmission of electricity on certain
streets of the Town of Peterborough, which said by-law is
declared to have no force or effect unless and until the same is
confirmed by Act of the Legislature of the Province of Ontario,
and has prayed for the passing of an Act to confirm said
by-law ; *^and whereas it has been made to appear that the
said company has been and now is exempt from all taxation
including taxation fo'' school purposes and that the said com-
pany agreed with the said municipal corporation that the said
company should become and be liable to taxation for school
purposes upon the extension of the exemption from taxation
for all other purposes as hereinafter and in the said by-law
set forth ; and whereas no opposition has been offered by or
on behalf of any I'atepayer or otherwise to the said petition ;"®*
and whereas it is expedient to grant the prayer of the said
petition.

Therefore Her Majesty, by and with the advice and consent

of the Legislative Assembly of the Province of Ontario enacts
as follows : —

By-law No. 1. By-law Number 895 of the corporation of the Town of

895 confirmed. Peterborough, passed on the tenth day of March, 1900, entitled
" A by-law to grant additional exemption to the Canadian Gen-
eral Electric Company, Limited, and for other purposes," which
by-law is set out in schedule A hereto is hereby confirmed and
declared legal, valid and binding according to the true intent
and meaning thereof.

^^3. Notwithstanding anything contained in paragraph num-
ber 4 of the said by-law the lands, buildings, machinery,
plant, stock and other improvements now owned or hereafter
to be acquired by or for the purposes of the said company
shall for school purposes only be and remain liable to assess-
ment, and school taxes only shall be levied and collected
thereon in accordance with the provisions of the general law
in that behalf.

SCHEDULE A

By-law Number 895.

A by- law to grant additional exemption to the Canadian General
Electric Company, Limited, and for other purposes. Passed the
tenth day of March, 1900.
Whereas the Canadian General Electric Company, Limited, pi'opose to
erect during the present year an additional building for the purpose of
their manufacturing business at least 260 feet in length by 100 feet in
width and are also desirous of carrying electric jjower from the dam at
Nassau to their works and the co'poration of the Town of Peterborough
deem it expedient to assist and encourage the said company in the erection
of the said building and the extension of their work by granting addit-
ional exemption from taxation and by authorizing the erection of poles
and wires for the transmission *of electricity to the said works as herein-
after provided.

The corporation of the Town of Peterborough by the council thereof
therefore, enacts as follows : —

1. This by law shall have no force or effect unless and until the same is
confirmed by Act of Legislature of the Province of Ontario.

2. This by-law shall have no force or effect unless the company shall
during the year 1900, erect upon the lands in the Town of Peterborough
occupied by them a substantial brick building 250 feet in length by 100
feet in width. Provided always that if the erection and completion of the
said building shall, after the same has been bona fide entered upon, be
delayed by strikes or unforeseen causes which justify the non-completion
of the same during the current year the time for such completion shall be
extended but not beyond the year 1901 in which case the completion of
the said building by the time limited shall be deemed a sufficient com-
pliance with the provisions of this section.

3. The manufacturing establishment of The Canadian General Electric
Company, situate upon park lots fourteen, fifteen and sixteen in township
lot thirteen in the twelfth concession of the township of North Monaghan
and now in the town of Peterborough, and the personal property and
income of the said company are hereby exempted from municipal taxes,
except as to school taxes, for the period of ten years from the first day of

January, 1901, the exemption hereby provided for to include the exemp-
tion already granted to the said company, which shall remain as effectual
and valid as if this by-law had not been passed. Provided always that
such exemption shall not apply to any real property used for dwelling
houses or for any purpose other than for manufacturing purposes.

4. The assessment of the said manufacturing establishment of the said
company, including the above-mentioned real and personal property in
connection therewith, and the income of the company is hereby fixed at
the sum of one hundred thousand dollars, and the assessors shall in each
year for the period ot ten years, commencing with the year 1901 and
ending with the assessment on which the taxation for the year 1910 shall
be based, return the assessment of the real and personal property and
income of the said company in respect of the said manufacturing estab-
lishment, at the said sum of one hundred thousand dollars. Provided,
however, that in the event of the destruction of the works, or any part
thereof, so that the value of the same shall not be equal to the said sum
of one hundred thousand dollars, the assessment shall be made while such
value is under one hundred thousand dollars as if this by-law had not b'een
passed. The provisions of this paragraph shall not extend to any real
property used for dwelling houses or for any purpose other than manu-
facturing purposes.

5. Upon the said company executing a contract between that company
and the corporation of the town of Peterborough, in form now approved
by the council as to the manner in which the current is to be carried on
such wires and otherwise as in the contract prepared for the purpose
more particularly set out. The Canadian General Electric Company,
Limited, are hereby authorized to erect and maintain poles and wires for
the transmission of electricity for the purpose'of transmitting power from
Nassau to their said works, on and along the following streets and parts
of streets, that is to say, on and along Water Street from the northern
boundary of the town to Smith Street, thence along Smith Street west-
ward to the Boundary Road on the western boundary of the town, thence
southerly along said Boundary Road to the property of the company, and
on and along such other streets and parts of streets as may be approved by
resolution or by-law of the council, such poles to be placed under the
supervision of the town engineer, and to carry and transmit thereon such
current as may be necessary for their said works.

7. Nothing in this by-law, or in the said contract contained shall be
deemed to limit or interfere, except as to the extent aforesaid, with the
control of such streets by the said corporation under the municipal Act or
any by-law or agreement now in force with regard to the placing of poles
on streets, or their power to grant any right or license to any telegraph
company, street railway company, or any company for the transmission
of electricity, to use the streets and lanes of the said town for the purpose
of placing poles, ducts and wires for any purpose.

Jas. Kenorby,

Mayor,

S. R. Akmstrong,

Town Clerk.

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No. 85.] T>TT T [1900

BILL

An Act respecting the Town of Prescott and the
Imperial Starch Company, Limited.

WHEREAS the corporation of the municipaHty of the town Limited,
of Prescott have petitioned praying that an Act may be
passed to ratify an agreement between the said corporation
and " The Imperial Starch Company, Limited," and to confirm
5 and legalize a by-law of said corporation entitled "A by-law
to provide for granting aid to The Imperial Starch Company,
Limited, to assist in the erection and establishment of a starch
factory and glucose plant in the town of Prescott by acquiring
and conveying lands within the said municipality for the pur-

10 poses of the said company, and providing for exemptions from
taxation and for free water and electric light, as mentioned in
the agreement hereinafter referred to." And whereas the said
corporation of the said municipality of the town of Prescott
by their petition have represented that the enterprise of the

15 said company is a now one and that there is no industry of a
similar nature established in the municipality of the said cor-
poration. And whereas it is expedient to grant the prayer of
the said petition.

Therefore Her Majesty, by and with the advice and con-
20 sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. By-law No. of the municipal corporation of the town By-law
of Prescott, set forth in the schedule to this Act, is hereby confirmed,
confirmed and declared legal, valid and binding upon the said

25 municipal corporation and the ratepayers thereof, notwith-
standing any want of jurisdiction on the part of the said muni-
cipality to pass the by-law, and notwithstanding any defect
in substance or in form of the said by-law or in the manner of
passing the same, and the said agreement referred to in and

30 made a part of said by-law is ratified and confirmed, and the
said corporation of the town of Prescott is hereby authorized
and empowered to issue debentures as provided by the said
by-law. and the said debentures so issued under the said by-
law are hereby declared legal and binding upon the said mu-

35 nicipality, and the said corporation is hereby authorized and
empowered to do all necessary acts for the full and roper
carrying out of the said by-law.

SCHEDULE A.

By-Law|No.

A by-law to provide for granting aid to the Imperial Starch Company,
Limited, to assist in the erection and establishment of a starch fac-
tory and glucose plant in the town of Prescott, by acquiring and con-
veying lands within the said municipality for the purposes of the said
company and providing for eKemptions from taxation and for free
water and electric light, as mentioned in the agreement hereinafter
referred to.

Whereas the corporation of the town of Prescott of the one part, and
the Imperial Starch Company, Limited, of the other part, have entered
into an agreement, set forth in schedule A hereto, which agreement shall
be taken to form a part of this by-law.

And whereas it is expedient to pass this by-law and submit the same to
the electors of the said municipality, to authorize the issue of debentures
of the said municipality to the amount of eight thousand dollars for the
purpose of aiding in the erection in the said town of the starch and glu-
cose plant as particulary set forth in schedule *' A " hereto, and also for
the purpose of authorizing the exemption from taxation and the supplying
of water and electric light to the said company, as provided in said agree-
ment, and the giving and procuring of the necessary consent of the Cana-
dian Pacific Railway Company to extend or lay a track along Water street
in the said town of Prescott into the said starch factory premises, as par
ticularly set forth in schedule "A" hereto annexed.

And whereas it is deemed expedient that the said principal sum of eight
thousand dollars so to be borrowed by the said corporation shall bear
interest at the rate of four per cent, per annum, payaole semi-annually,
and that the said principal sum shall be made payable in twenty annual
instalments in the twenty years next ensuing after the taking eflFect of this
by-law, and that such instalments shall be of such amounts that the aggre-
gate amount payable for principal and interest in any year shall be equal
as nearly as may be to what is payable for principal and interest during
each of the other years of such period.

And whereas it will be requisite to raise the several sums in each year
respectively set forth in clause numbered 1 ot this by-law, for paying the
said debt and interest, which said sums amount to the annual sum of five
hundred and eighty-eight dollars and sixty-five cents to be raised in each
and every year during the term of twenty years.

And whereas the amount of the whole ratable property of the munici-
pality according to the last revised assessment roll, being for the year
1899, amounts to nine hundred and sixty-seven thousand seven hundred
and ninety dollars.

And whereas the existing debenture debt of this municipality amounts
to the sum of one hundred and forty-six thousand seven hundred and
eighty-two dollars and eighteen cents, including the sum of five thousand
six hundred and seventy-six dollars and twelve cents for public school de-
bentures, and no principal or interest is in arrear.

And whereas it is desirable to ratify the said agreement and to borrow
and expend the said sum of eight thousand dollars in the manner and for
the purposes aforesaid.

Therefore the municipal council of the corporation of the town of
Prescott enacts as follows :

1. That it shall be lawful for the mayor of the said town of Prescott,
for the purpose aforesaid to borrow the said sum of eight thousand dollars
and to issue debentures of the said municipality to the amount of eight
thousand dollars in sums of not less than one hundred dollars each, which
said debentures shall bear date on the day on which this by-law takes
eflFect, and shall bear interest at the rate of four per cent, per annum,
payable half .yearly and shall have coupons attached for the payment of

interest, and be payable in the manner for the amount and at the time
following, that is to say : —

Year Principal Interest Total

1901 1268 65 $320 00 $588 65

1902 279 40 309 20 588 65

1903 290 58 298 07 588 65

1904 302 20 286 45 588 65

1905 314 29 274 36 588 65

1906 326 86 26179 588 65

1907 339 93 248 72 588 65

1908 353 53 235 12 588 65

1909 367 67 200 98 588 65

1910 382 38 206 27 588 65

1911 H97 67 190 98 588 65

1912 413 58 175 07 588 65

1913 430 13 158 52 588 65

1914 447 33 141 32 588 65

1915 465 22 123 43 588 65

1916 483 83 104 82 588 65

1917 503 18 85 47 588 65

1918 523 31 65 34 . 588 65

1919 544 25 44 40 588 65

1920 566 01 22 64 588 65

2. The said debentures as to principal and interest shall be payable at
the Merchants Bank of Canada in the said town of Prescott.

3. It shall be lawful for the mayor of the said town of Prescott, and he
is hereby authorized and insu-uctod to sign and issue the said debentures
hereby authorized to be issued, and to cause the same and the interest
coupons attached thereto to be signed by the treasurer of the said muni-
cipality, and the clerk of the said municipality is hereby authorized and
instructed to attach the seal of the said municipality to the said deben-
tures.

4. There shall be raised and levied in t ach year by a special rate suffi-
cient therefor, on all the rateable property in the said municipality the
sum of five hundred and eighty-eight dollars and sixty-five cents, being a
sum sutficient to discharge the several instalments of principal and
interest accruing on said debt as the same respectively becomes payable
as hereinbefore set forth

5. The said works, lands buildings, plant, machinery and stock
annually occupied, used and employed in and about the currying on of
the said starch and glucose factory shall be exempt except as to school
taxes from all and any taxation by the municipality of the town of Pres-
cott for a period of twenty years from the date of the taking effect of this
by-law, providea that the said works are operated according to the terms,
conditions and provisioes contained in said agreement set forth in schedule
"A" hereto annexed.

6. The Canadian Pacific Railway Company shall have the right to erect,
operate and maintain a siding along Water street from the present pro-
perty of the Canadian l*acific Railway Company to the starch works, to
be erected on the lands mentioned in schedule " A".

7. The water commissioners are hereby directed to supply to the said
company free of charge daily and each day throughout the year for a
period of twenty years, one hundred thousand gallons of water for the
purpose of iheir business if required, and any further quantity which
may be required by them, but such further quantity in excess of one
hundred thousand gallons per day to be paid for by the said company at
the actual cost of pumping the same.

8. The Electric Light Commissioners are hereby authorized and in-
structed to furnish free of cost to the said company daily and each day
throughout the year, for a period of twenty years sufficient electric light,
power or energy to supply one hundred lights of sixteen candle power
each, and any further electric light, power or energy which may be
required in the said business, such further quantity in excess of one
hundred lights of sixteen candle power each daily, to be paid for by the

company at the actual cost of producing the same, such light, power or
energy to be furnished at the times and during the hours that electric
light is furnished to the citizens of Prescott for commercial purposes.

9. The agreement hereto annexed and forming schedule "A "hereto
shall be read as incorporated with and forming part of this by-law.

10. The said debentures shall only be issued and such bonus shall only
be payable upon the terms and under the conditions of this by-law and of
the said agreement.

11. This by-law shall not take effect until it shall have been confirmed
by an act of Legislature of the Province of Ontario and shall come into
force and take effect when such Act shall be passed.

12. The mayor of this corporation is authorized and required to take
the necessary steps to procure this by-law to be confirmed.

13. The votes of the electors of the said municipality shall be taken on
this by-law at the following times and places, that is to say, on Monday
the twelfth day of March next, 1930, at and from the hour of nine o'clock
in the morning until the hour of five o'clock in the afternoon of the same
day. The places for taking the votes of the electors and the name i of the
deputy returning officers shall be as follows : —

Polling sub-division number one (East Ward) at Mr. Wm. Horan's
house, on the north side of King street, at which Mr. W. H. Stephenson
shall be the deputy returning officer.

Polling sub. division number two (Centre Ward) at Bolton's carpenter
shop on the west side of Centre street, at which Mr. W. G. Scott shall be
the deputy returning officer.

Polling sub-division number three (West Ward) at the Council chamber,
in the Town Hall, at which Mr. B. C. Hughes shall be the deputy return-
ing officer.

14. On Friday the ninth day of March next, the mayor shall attend
at the council chamber, at the hour of ten o'clock in the forenoon, to
appoint persons to attend at the various polling places and at the final
summing up of the votes by the clerk respectively, on behalf of the
persons interested in and promoting or opposing the passing of this by-
law.

15. That the clerk of the municipality shall attend at the said council
chamber at ten o'clock in the forenoon on Tuesday the thirteenth day of
March next A.D. 1900, and sum up the number of votes given for and
against the said by-law, and if the said by-law is carried by the requisite
number of votes of the said electors the same shall be finally considered
and passed on the 19th day of March, A.D. 1900, at the hour of half-past
seven o'clock in the afternoon, at the council chamber in the said t'lwn of
Prescott.

Enacted and passed on this day of A.D. 1900.

clerk, mayor.

SCHEDULE A.

This agreement made in duplicate the third day of February, A.D.,
1899.

Between the corporation of the town of Prescott, hereinafter called
"the town," of the first part, and Imperial Starch company. Limited,
with head office at the city of Toronto, in the county of York, hereinafter
called the Company of the second part.

Whereas the company propose, for the consideration hereinafter ex-
pressed, to establish a modern starch manufacturing plant at Prescott,
such factory to be fully equipped with a capacity of grinding or using
daily at least five hundred bushels of corn, and have agreed and under-
taken to erect the said plant on the terfns and conditions herein con-
tained.

Now, therefore, these presents witnesseth that the parties hereto here-
by covenant and agree each with the other, as follows :

six on the south side of King street, and lots twenty-four and twenty-five
on the south side of Water street, also that portion of Water street lying
west of the east boundary of said lot twenty-four south of King street
produced southerly, also the water lots in front of lots twenty-four and
twenty-five on the south side of Water street and in front of Water street,
and also in front of lots twe^ ty-five and twenty- six on the south side of
King street, all in block two, according to Ohipman's plan of the said
town of Prescott.

2 The said town further covenant and agree that they Vi ill procure and
give the necessary consent to the Canadian Pacific Railway Company to
build, erect and maintain a siding along Water street from the said rail-
way company's lands to the lands above described, to be used as a siding
ftom the starch company's works to be erected as hereinbefore mentioned.

3. The town further covenant that upon the execution of these presents
they will, under the provisions of the Municipal Act, submit a by-law
authorizing the town to issue their debentures for the amount necessary
to purchase the said lands, also authorizing the said town to exempt the
said building lands, machinery and plant from municipal taxes except
school taxes for of period of twenty jyears, and also authorizing the said
town to supply to the said company for the purpose of their said starch
and glucose manufacturing and kindred business daily and each day
through the year, if required, for a period of twenty years, one hundred
thousand gallons of water, and also authorizing the supply of any larger
quantity that may be required by the said company in excess of one hun-
dred thousand gallons daily, such quantity in excess of one hundred
thousand gallons daily to be paid for by the company at the actual cost
of supplying the same, and also authorizing the said town to supply to
the said company, free of any charge whatever to them, electric light,
power or energy to supply daily and each day through the year for a
period of twenty years, one hundred lights of sixteen candle power each,
and also any additional quantity of electric light that may be required,
any quantity, however, in excess of one hundred lights of sixteen candle
power each to be paid for at the actual cost of producing the same, such
electric light to be furnished at the times and during the hours that elec-
tric light is furnished to the citizens of Prescott for commercial purposes.

4. The town also by its council shall, as soon as may bo, procure by sub-
mitting to the electors of the municipality of Prescott, under the Munici-
pal Act in ♦"hat behalf, a by-law authorizing the issue of debentures of the
said town to raise the amount required to purchase the said site being the
estimated cost of the said lands, including the cost and expenses of mak-
ing title thereto.

5. In case the said by-law receives the required assent of the said elec-
tors the town shall by its council forthwith pass and enact the same.

6. In consideration of the foregoing the parties of the second part coven-
ant, promise and agree that immediately on the necessary conveyance
being made, and after the ratification of the said by-law by the said town
and the legislature of tli^ Province of Ontario, they will proceed with the
erection of a modern starch factory for the manufacture of starch and other
products mentioned in their charter, and will push the same to comple-
tion with all reasonable speed, such factory to be equipped with necessary
plant and machinery required for use in the manufacture into starch of at
least five hundred bushels of corn daily, and that from and after the com-
pletion of the said works and during the first year of the operations of the
said factory the said company will employ on an average at least sixty per-
sons daily, and from and after the second year they will employ on an
average at least one hundred persons daily in connection with their said
business, and will furnish if required by the council of the said town once
every three months a statutory declaration "of an oflicer of the company
giving the names of the persons employed by the company and the time
during which they were so employed.

7. The company will, subject to accidents to machinery, strikes, or labor
troubles, or other unforaeen causes, keep the said works running full time
at least nine months during each year, and will during such time manu-
facture therein starch or other products mentioned in their charter.

8. The compiny further agree that in the event of their failure to erect
a plant on the site selected in Prescott that they will pay to the town of
Prescott the costs and expenses incurred in passing the necessary by-laws
and obtaining the Legislature's sanction thereof and all other expenses
that the said corporation may be put to on account of the matters refered
to, and further covenant and agree not to erect a factory at any other
place in Ontario.

9. It is further understood and agreed by and between the parties
hereto that in the event of the said company at any time during
the said period of twenty years ceasing to carry on their said manufactur-
ing business on said premises or failing to employ the number of persons
required by the terms of this agreement or failing to run their factory
during the time agreed upon, then and in such case all the terms,
covenants and agreements on the part of the town shall cease and deter-
mine, and the said company shall pay to the saifl corporation the price
paid for the said lots.

10. It is further understood and agreed by and between the parties
hereto that neither the said town nor the water nor electric light com-
missioners, nor any servant of the council shall be liable or responsible
for any damages for the failure to supply such quantity of water or elec-
tric light power or energy, or any part thereof, by reason of accident to
machinery or any other unforeseen cause.

11. The town further covenant and agree to obtain if necessary, a
proper agreement from the water commissioners and the electric light
commissioners, if such should be thought necessary by the said company,
and to have the same duly ratified and adopted either as a by-law or
otherwise so as to carry out the covenants of this agreement.

12. The said town also covenant and agree to use their best endeavors
to have the river in front of the site above described dredged by the
Government.

13. It is further understood and agreed that this agreement is condi-
tional on the building of a siding by the Canadian Pacific Railway Co.
into the works to be erected by the said starch company, and in the event
of the failure of the said railway company to agree to build the said siding
and extension along Water street, or otherwise, into the said starch works
within fifteen days, this agreement and all the covenants herein contained
on the part of the Imperial Starch Company Limited, shall be null and
void and of no effect, the agreement being executed by the said company
on the express condition that it shall not be operative or of any efiect
until the railway company have signified their intention, within the time
above limited, of building the said siding and shall also enter into a
proper agreement to do so.

As witness the corporate seals of the said parties hereto and the hands
of their respective executing oflicials.

JOHN A. MUNDLE,

Mayor.

IMPERIAL STARCH COMPANY

Limited.
H, BLAIN, President.

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No. 85.] "DTT T [1900

BILL

An Act respecting the Town of Prescott and the
Imperial Starch Company, Limited.

WHEREAS the corporation of the municipahty of the town Limited,
of Prescott ha8 petitioned praying that an Act may be
passed to ratify an agreement between the said corporation
and " The Imperial Starch Company, Limited," and to confirm
and legalize a by-law of said corporation^^^numbered 487
and'®*entitled " A by-law to provide for granting aid to
The Imperial Starch Company, Limited, to assist in the
erection and establishment of a starch factory and glucose
plant in the town of Prescott by acquiring and convey-
ing lands within the said municipality for the purposes
of the said company, and providing for exemptions from
taxation and for free water and electric light, as mentioned in
the agreement hereinafter referred to," and whereas the said
the corporation of the said municipality of the town of Prescott
by petition has represented that the enterprise of the
said company is a new one and that there is no industry of a
similar nature established within the^^limits of the said'®*
municipality.*a-And whereas an election or poll was held for
the taking of the votes of the ratepayers entitled to vote on
said by-law and a poll book prepared containing the names of
all persons so entitled amounting to 484 names of persons
so entitled, and at said election or poll 382 persons so entitled
to vote polled their votes in favor of said by-law and only six
persons recorded their votes against the said by-law, shewing
as a result that more than two-thirds of all the ratepayers
entitled to vote were in favor of the said by-law ; and where-
as no opposition has been offered to the said petition ;'^' and
whereas it is expedient to grant the prayer of the said petition.

Therefore Her Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. By-law No. 4^7 oi the municipal corporation of the town By-law
of Prescott, set forth in the schedule to this Act, is hereby confi'^med,
confirmed and declared legal, valid and binding upon the said
municipal corporation and the ratepayers thereof, notwith-
standing any want of jurisdiction on the part of the said muni-
cipality to pass the by-law, and notwithstanding any defect
ip, substance or in form of the said by-law or in the manner of

passing the same, and the said agreement referred to in and
made a part of said by-law is ratified and confirmed, and the
said corporation of the town of Prescott is hereby authorized
and empowered to issue debentures as provided by the said
by-law. and the said debentures so issued under the said by-
law are hereby declared legal and binding upon the said mu-
nicipality, and the said corporation is hereby authorized and
empowered to do all necessary acts for the full and roper
carrying out of the said by-law.

SCHEDULE A..

By-Law No. 487.

A by-law to provide for granting aid to the Imperial Starch Company,
Limited, to assist in the erection and establishment of a starch fac-
tory and glucose plant in the town of Prescott, by acquiring and con-
veying lands within the said municipality for the purposes of the said
company and providing for exemptions from taxation and for free
water and electric light, as mentioned in the agreement hereinafter
referred to.

And whereas it is expedient to pass this by-law and to submit the same to
the electors of the said municipality, to authorize the issue of debentures
of the said municipality to the amount of eight thousand dollars for the
purpose of aiding in the erection in the said town of the starch and glu-
cose plant as particulary set forth in schedule " A " hereto, and also for
the purpose of authorizing the exemption from taxation and the supplying
of water and electric light to the said companj^ as provided in sa d agree-
ment, and the giving and procuring of the necessaiy consent of the Cana-
dian Pacific Railway Company to extend or lay a track along Water street
in the said town of Prescott into the said starch factory premises, as par
ticularly set forth in schedule " A " Iierennto annexed.

And whereas it is deemed expedient that the said principal sum of eight
thousand dollars so to be borrowed by the said corporation shall bear
interest at the rate of four per cent, per annum, payaole semi-annually,
and that the said principal sum shall be made payable in twenty annual
instalments in the twenty years next ensuing after the taking effect of this
by-law, and that such instalments shall be of such amounts that the aggre-
gate amount payable for principal and interest in any year shall be equal
as nearly as may be to what is payable for principal and interest during
each of the other years of such period.

Arid whereas the amount of the whole ratable property of the munici-
pality according to the last revised assessment roll, being for the year
1899, amounts to nine hundred and sixty-seven thousand seven hundred
and ninety dollars.

six hundred and seventy-six dollars and twelve cents for public school de
bentures, and no principal or interest is in arrear.

And whereas it is desirable to ratify the said agreement and to b"rrow
and expend the said sum of eight thou'-and dollars in the manner and for
the purposes aforesaid.

Therefore the municipal council of the corporation of the town of
Prescott enacts as follows :

1. That it shall be lawful for the mayor of the said town of Prescott,
for the purposes afnresaid to borrow the said sutu of eight thousand dollars
and to issue deb> ntures of the said municipality to the amount of eight
thousand dcillars in sums of not less than one hundred dollars each, which
said debentures shall bear date on the day on which this by-law takes
effect, and shall bear interest at the rate of four per cent, per annum,
payable half ;yeariy and shall have coupons attached for the payn)ent of
interest, and be payable in the manner for the am 'unt and at the time
following, that is to say : —

Year Principal Interest Total

1901 $268 65 $320 00 S588 65

1902 279 40 309 25 5-8 65

1903 290 58 298 07 688 65

1904 302 20 286 45 588 65

1905 314 29 274 36 588 65

1906 3-'6 86 261 79 588 65

1907 339 93 248 72 588 65

1908 353 5 :^ 235 12 588 65

1909 367 67 220 98 588 65

1910 382 38 206 27 588 65

1911 97 67 190 98 588 65

1912 413 58 175 07 588 65

1913 430 13 158 52 588 65

1914 447 33 141 32 588 65

1915 465 22 123 43 588 65

1916 483 83 104 82 588 65

1917 503 18 85 47 588 65

1918 523 31 65 34 588 66

1919 544 25 44 40 588 65

1920 566 01 22 64 588 65

2. The said debentures as to principal and interest shall be payable at
the Merchants Bank < f Canada in the said town of Prescott.

3. It shall be lawful for the mayor of the said town of Prescott, and he
is hereby authorized and insuucted to sign and issue the said debentures
hereby authorized to be issued, and to cause the same and the interest
coupons attached thereto to be signed by the treasurer of the said muni-
cipality, and the clerk of the said municipality is hereby authorized and
instructed to attach the seal of the said municipality to the said deben-
tures.

4. Thei'e shall be raised and levied in each year by a special rate suffi-
cient therefor, on all the rateable property in the said municipality the
sum of five hundred and eighty-eight dollars and sixty-five cents, being a
sum sufficient to discharge the several instalments of principal and
interest accruing due on said debt as the same respectively become payable
as hereinbefore set forth.

5. The said works, lands, buildings, plant, machinery and stock
annually occupied, used and employed in and about the carrying on of
the said starch and glucose factory shall be exempt except as to school
taxes from all and any taxation by the municipality of the town of Pres-
cott for a period of twenty years from the date of the taking effect of this
by-law, providea that the said works are operated according to the terms,
conditions and provisoes contained in said agreement set forth in schedule
"A" htreto annexed.

6. The Canadian Pacific Railway Company shall have the right to erect,
operate and maintain a siding along Water street from the present pro-
perty of the Canadian Pacific Railway Company to the starch works, to
be erected on the lands mentioned in schedule " A ",

7. The water commissioners are hereby directed to supply to the said
company free of charge daily and each day throughout the year for a
period of twenty years, one hundred thousand gallons of water for the
pur{ OSes of their business if required, and any further quantity which
may be required by them, but such further quantity in excess of one
hundred thousand gallons per day to be paid for by the said company at
the actual cost of ]>umping the same.

8. The Electric Light Commissioners are liereby authorized and in-
structed to furnish free of cost to the said company daily and each day
throughout the year, for a peril d of twenty years sufficient electric light,
power or energy to supply one hundred lights of sixteen candle power
each, and any further electric light, power or energy which may be
required in the said business, such further quantity in excess of one
hundred lights of sixteen candle power each daily, to be paid for by the
company at the actual cost of producing the same, such liglit, power or
energy to be furnished at the times and during the hours that electric
light is furnished to the citizens of Prescott for commercial purposes.

9. The agreement hereto annexed and forming schedule "A" hereto
shall be read as incorporated with and forming part of this by-law.

10. The said debentures shall only be issued and such bonus shall only
be payable upon the terms and under the conditions of this by-law and of
the said agreement.

11. This by-law shall not take effect until it shall have been confirmed
by an act oithe Legislature of the Province of Ontario and shall come into
force and take effect when such Act shall be passed.

12. The mayor of this corporation is authorized and required to take
the necessary steps to procure this bj'-law to be confirmed.

13. The votes of the electors of the said municipality shall be taken on
this by-law at the following times and places, that is to say, on Monday
the tvvelfth day of March next, 1930, at and from the hour of nine o'clock
in the morning until the hour of five o'clock in the afternoon of the same
day. The places for taking the votes of the electors and the name ? of the
deputy returning officers shall be as follovp^s : —

Polling sub-division number one (East Ward) at Mr. Wm. Koran's
house, on the, north side of King street, at which Mr. W. IT. Stephenson
shall be the deputy returning officer.

Polling sub. division number two (Centre Ward) at Bolton's carpenter
shop on the west side of Centre street, at which Mr. W. G. Scott shall be
the deputy returning officer.

Polling sub-division number three (West Ward) at the Council chamber,
in the Town Hall, at which Mr. B. C. Hughes shall be the deputy return-
ing officer.

14. On Friday the ninth day of March next, the mayor shall attend
at the council chamber, at the hour of ten o'clock in the forenoon, to
appoint i^ersons to attend at the various polling places and at the final
summing up of the votes by the clerk respectively, on behalf of the
persons interested in and promoting or opposing the passing of this by-
law.

15. That the clerk of the municipality shall attend at the said council
chamber at ten o'clock in the forenoon on Tuesday the thirteenth day of
March next A.D. 1900, and sum up the number of votes given for and
against the said by-law, and if the said by-law is carried by the requisite
number of votes of the said electors the same shall be finally considered
and passed on the 19th day of March, A.D. 1900, at tiie hour of half-past
seven o'clock in the afternoon, at the council chamber in the said town of
Prescott.

Enacted and passed on this nineteenth day of March, A.D. 1900.

J. B. WHITE, JNO. A. MUNDLE,

. — ^ — , .^©^Clerk. Mayor.

^Corpor-^
-( ate \
\ Seal, j

SCHEDULE A.

This agreement made in duplicate the third day of February, A.D.,
1900.

Between the corporation of the town of Prescott, hereinafter called
"the town," of the first part, and Imperial Starch company, Limited,
with head office at the city of Toronto, in the county of York, hereinafter
called the Company of the second part.

Whereas the company propose, for the considerations hereinafter ex-
pressed, to establish a modern starch manufacturing plant at Prescott,
such factory to be fully equipped with a capacity of grinding or using
daily at least tive hundred bushels of corn, and have agreed and under-
taken to erect the said plant on the terms and conditions herein con-
tained.

Now, therefore, these presents witnesseth that the parties hereto here-
by covenant and agree each with the other, as follows :

1. The town covenant and agree that they will procure and convey, or
cause to be procured and conveyed to the company in fee simple, free
from mortgage or other incumberance, the lands and premises described
as lots twenty- two, twenty- three, twenty-four, twenty -five and twenty-
six on the south side. of King street, and lots twenty-four and twenty-five
on the south side of Water street, also that portion of Water street lying
west of the east boundary of said lot twenty-four south of King street
produced southerly, also the water lots in front of lots twenty-four and
twenty-five on the south side of Water street and in front of Water street,
and also in front of lots twenty-five and twenty-six on the south side of
King street, all in block two, according to Chipman's. plan of the said
town of Prescott.

2 The said town further covenant and agree that they will procure and
give the necessary consent to the Canadian Pacific Railway Company to
build, erect and maintain a siding along Water street from the said rail-
way company's lands to the lands above described, to be used as a siding
from the starch company's works to be erected as hereinbefore mentioned.

3. The town further covenant that upon the execution of these presents
they will, under the provisions of the Municipal Act, submit a by-law
authorizing the town to issue their debentures for the amount necessary
to purchase the said lands, also authorizing the said town to exempt the
said building, lands, machinery and plant from municipal taxes except
school taxes for a period of twenty years, and also authorizing the said
town to supply to the said company for the purpose of their said starch
and glucose manufacturing and kindred busii)ess daily and each day
throiigho^d the year, if required, for a period of twenty years, one hundred
thousand gallons of water, and also authorizing the supply of any larger
quantity that may be required by the said company in excess of one hun-
dred thousand gallons daily, such quantity in excess of one hundred
thousand gallons daily to be paid for by the company at the actual cost
of supplying the same, and also authorizing the said town to supply to
the said company, free of any charge whatever to them, electric light,
power or energy to supply daily and each day throughout the year for a
period of twenty years, one hundred lights of sixteen candle power each,
and also any additional quantity of electric light that may be required,
any quantity, however, in excess of one hundred lights of sixteen candle
power each to be paid for at the actual coat of producing the same, such
electric light to be furnished at the times and during the hours that elec-
tric light is furnished to the citizens of Prescott for commercial purposes.

4. The town also by its council shall, as soon as maybe, procure by sub-
mitting to the electors of the municipality of Prescott, under the Munici-
pal Act in t-hat behalf, a by-law authorizing the issue of debentures of the
said town to raise the amount required to purchase the said site being the
estimated cost of the said lands, including the cost and expenses of mak-
ing title thereto.

5. In case the said by-law receives the required assent of the said elec-
tors the town shall by its council forthwith pass and enact the same.

6. In consideration of the foregoing the parties of the second part coven-

ant, promise and agree that immediately on the necessary conveyance
being made, and after the ratification of the said by-law by the said town
and the legislature of th>- Province of Ontario, they will proceed with the
erection of a modern starch factory for the manufacture of starch and other
products mentioned in their charter, and will push the same to comple-
tion with all reasonable speed, such factory to be equipped with necessary
plant and machinery required for use in the manufacture into starch of at
least five hundred bushels of corn daily, and that from and after the com-
pletion of the said works and during the first year of the operations of the
said factory the said company will employ on an averat^e at least sixty per-
sons daily, and from and after the second year they will employ on an
average at least one hundred persons daily in connection with their said
business, and will furnish if required by the council of the said town once
every three months a statutory declaration of an officer of the company
giving the names of the persons employed by the company and the time
during which they were so employed.

7. The company will, subject to accidents to machinery, strikes, or labor
troubles, or other unforseen causes, keep the said works running full time
at least nine months during each year, and will during such time manu-
facture therein starch or other products mentioned in their charter.

8. The company further agree that in the event of their failure to erect
a plant on the site selected in Prescott that they will pay to the town of
Prescott the costs and expenses incurred in passing the necessary by-laws
and obtaining the Legislature's sanction thereof and all other expenses
that the said corporation may be put to on account of the matters refered
to, and further covenant and agree not to erect a factory at any other
place in Ontario.

12. The said town also covenant and agree to use their best endpavors
to have the river in front of the site above described dredged by the
Government.

13. It is further understood and agreed that this agreement is condi-
tional on the building of a siding by the Canadian Pacific Railway Co.
into the works to be erected by the said starch company, and in the event
of the failure of the said railway company to agree to build the sud siding
and extension along Water street, or otherwise, into the said starch works
within fifteen days, this agreement and all the covenants herein contained
on the part of the Imperial Starch Company Limited, shall be null and
void and of no effect, the agreement being executed by the said company
on the express condition that it shall not be operative or of any effect
until the railway company have signified their intention, within the time
above limited, of building the said siding and shall also enter into a
proper agreement to do so.

As witness the corporate seals of the said parties hereto and the hands
of their respective executing officials.

( Corp- -j
< orate >
( Seal. J

JOHN A. MUNDLE,

Mayor.

< SEAL j- Limited,

IMPERIAL STARCH COMPANY

Limited.
H, BLAIN, President.

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No. 86.] T^TT T [190^-

BILL

An Act to incorporate The Ottawa Young Men's
Christian Association.

WHEREAS an association under the name of The Ottawa Preamble.
Young Men's Christian Association has existed for sev-
eral years in the city of Ottawa, having for its object the im-
proveraent of the spiritual, intellectual and social condition of .
5 young men, and the promotion of Christian work in that city,
and is governed by a consticution and by-laws which have re-
ceived the assent of the members of the said association ; and
whereas the members of the said association have by petition
prayed to be incorporated ; and whereas it is expedient to grant
10 the prayer of the said petition ;

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows :

1. F. A. Coffin, R. G. Knox, H. E. Hume, R. A. Sproule, James Incorpora-

15 A. Smart, James S. Eagleson, A. W. Ault, Robert Stewart, R. W. *^«°-
Greene, D.S. ; T. R. Burpee, E. Hunt, W. H. Eagleson, J. E.
Hanna, M.D.; W. A. Code, James Gibson, T. E. Chisnall, A. H.
Jarvis, S. L. T. Frost, F. C. Gilbert, W. S. Odell and George
Bearing, and such other persons as now are or hereafter shall

20 become members of the said association, shall be and they are
hereby constituted a body politic and corporate, under the
name of The Ottawa Young Men's Christian Association, and
shall have power to acquire and hold real estate in the said Authority to
city of Ottawa, provided the annual value of real estate so held gg^'Jg'^^ ^^^^

25 and not actually used for the work of the said association shall,
not exceed at any one time ten thousand dollars, and the same
or any part thereof to alienate, exchange, mortgage, lease or
otherwise charge or dispose of as occasion may require ; and
may also acquire any other real estate or interest therein

30 (so long as the annual value of the same shall not at any one
time exceed five thousand dollars), by gift, devise or bequest,
if made at least six months before the death of the party mak-
ing the same ; and may hold such estate or interest therein for
a period of not more than seven years, and may within that

35 time alienate or dispose of the same, and the proceeds of such
estate or interest therein as shall have been so disposed of
shall be invested in public securities for the use of the said
corporation ; and such estate or interest therein as may not

within the said period be alienated or disposed of shall revert
to the party from whom the same was acquired, his heirs and
representati ves.

Personal 2. The personal property of the said association shall be-

vest'^din cor- come the property of and is hereby vested in the said corpora-

poration. tion.

Object of cor-
poration.

3. The object of the said corporation shall be the spiritual,
mental, social and physical improvement of young men by the
maintenance and support of meetings, lectures, classes, reading
rooms, library, gymnasiums, and such other means as may 10
from time to time be determined upon.

Constitution
and by-laws.

4. The constitution and by-laws by which the said associ-
ation is now governed shall be the constitution and by-laws of
the said corporation, but they or any of them may be added to,
amended or repealed and others substituted therefor in the 15
manner and subject to the conditions and provisions therein
stated.

Board of
rectors.

5. The oflBcers and members of the board of directors of the
association at the time of the passing of this Act shall be the
officers and members of the board of directors of the said cor- 20
poration, and shall retain their respective offices and positions
until others shall be elected in their place.

Annual
return.

6. The said corporation shall at all times when required by
the Lieutenant Governor of the Province make an annual re-
turn of all property held by it with such details and other in- 25
formation as the Lieutenant-Governor may require.

Disposition ^ fhe funds of the said corporation shall be used for the

purposes authorized by this Act, and nothing herein contained
shall authorize the said corporation to engage in business of
trading in real estate. 30

Real estate to
vest in cor- ■
poration.

8. The real estate of the said corporation shall become the
property of and is hereby vested in the said corporation, sub-
ject to existing encumbrances thereon, and shall be managed
and controlled by the board of directors, who shall be elected
in accordance with the constitution and by-laws of the cor- 35
poration, and the real estate shall not, nor shall any part
thereof, be liable for any future debts or obligations, unless the
debt or obligation shall have been contracted with the consent
of the board of directors, expressed by resolution duly passed
and recorded. 40

Number of
directors.

9. The corporation may by by-law increase or decrease the
number of its directors and provide as to their qualification,
mode of election, and the time for which they shall hold office.

10. The said corporation shall have power to establish a Technical
system of technical education, including such branches of me- ®*^"''***°°-
chanical science and the development of such of the industrial

arts as the board of directors of said corporatioa may from
5 time to time determine.

1 1 . The buildings of the Youne: Men's Christian Associa- Exemption
tion of the city of Ottawa and the land whereon the same are
erected shall, so long as the same are occupied by and used for

the purposes of the association, be and the same are hereby de-
10 clared to be exempt from taxation.

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No. 87.] "DTT T [1900.

BILL.

An Act respecting the Town of Collingwood and
Charles D. Cramp,

WHEREAS the corporation of the Town of Colhngwood Premble.
have by their petition represented that Charles D. Cramp
of the city of Philadelphia, in thestate of Pennsylvania, one of the
United States of America, capitalist and manufacturer, and his
5 associates have proposed to establish, operate and maintain at
the town of Collingwood a blast furnace with all necessary
steel furnaces and rolling mills for the manufacture of iron and
steel plates, structural shapes, rails and ingots capable of turn-
ing out at least two hundred tons of finished merchantable

10 product per day provided that the said corporation would
assist the said industry by granting the sum of $115,000, free
site on the water front containing lifty acres of land, together
with certain privileges as to taxation and assessment more
fully set foith in the agreement hereinafter written ; that by

15 an agreement bearing date the 5th day of March, A.D. 1900,
and made between the said Charles D. Camp and another of
the first part, and the corporation of the town of Collingwood
of the second part, the said parties of the first part did agree
that they would cause to be constructed, equipped and operated

20 within the municipality of the town of Collingwood a blast
furnace with all necessary steel furnaces and rolling mills for
the manufacture of iron steel plates, structural shapes, rails and
ingots capable of turning out at least two hundred tons of
finished merchantable product per day, such works to be of

25 modern design and substantial character and to be fully
equipped with all necessary machinery and plant for the pro-
per operation thereof ; in consideration whereof the said muni-
cipal corporation did agree to pay to the said parties of the
first part when the said industry should be in complete opera-

30 tion the sum of $115,000, to grant a free site on the water front
containing fifty acres of land together with certain privileges
as to taxation and assessment upon the terms and conditions
more fully set forth in the said agreement, a copy of which
said agreement is set out in schedule A to this Act ; that on the

35 7th day of March, A.D. 1900, a by-law of the said municipal
corporation was introduced by the municipal council thereof
and read a first time to raise by way of debenture the sum of
$115,000 on the credit of the said municipality repayable in
30 annual instalments of principal and interest at the rate of

40 four per centum per annum to grant by way of aid to the said

industry the sum of $115,000 as a cash bonus and the sura of
$1 0,000 to be expended in providing a site therefor and to
dredge a channel in to the docks of the said industry as pro-
vided in the said agreement ; that such by-law will be sub-
mitted for the approval of the ratepayers of the said town 5
on Friday, the 30th day of March, and in the event of the
same receiving the assent of the electors of the said town
will be finally passed by the said municipal council ; that the
establishment of the said proposed industry is of vital import-
ance not only to the said town but to the whole Province at 10
large and pray that an Act may be passed confirming and legal-
izing thesaid by-law of the said municipal corporation provided
the same shall be assented to by the duly qualified electors of
the said municipality when the said vote is taken as aforesaid
in manner provided by The Municipal Act, a copy of which 15
by-law is set forth in schedule B to this Act and confirming
and legalizing the said agreement bearing date the 5th day of
March, A.D. IHOO, and made between the said Charles D. Cramp
and others and the said town of Collingwood. And whereas
it is expedient to grant the prayer of the said petition 20

Therefore Her Majesty by and with the advice and consent
of the Legislative Assembly of Ontario enacts as follows :

Authority to
grant cash
bonus and
site.

Agreement
confirmed.

1. That it shall be lawful for the municipal corporation of
the town of Collingwood to grant a cash bonus of $115,000 to
assist in the establishment of the said blast furnace and steel 25
smelting industry, and to expend the sum of $10,000 in the
purchase of a site therefor, and to grant such site when
acquired to the said industry and towards dredging a channel
of the uniform depth of eighteen feet of water into docks to
to be used in connection with the said industry ; to fix the 30
assessment of the said industry at the sum of $700^000 for a
period of thirty years, irrespective of any subsequent addi-
tions to the said plant or otherwise, and to exempt the said
plant and machinery and property used in connection there-
with f I om all municipal rates and taxes for a period of one 35
year from the date of the establishment of the said industry
as aforesaid, and that by-law No. 551 of the said municipal
corporation authorizing the issue of debentures for the sum of
$125,000, repayable during the period of thirty years, which
by-law is set out in schedule "B" to this Act, providing the 40
same shall receive the assent of the said ratepayers as afore-
said, is declared legal, valid and binding upon the said munici-
pal corporation in the same manner and to the same extent
as if set out at length and the provisions thereof enacted in
this Act, notwithstanding any jurisdiction in the said munici- 45
pality to pass such by-law, and notwithstanding any defect
in substance or in form of the said by-law, or in the manner
of passing the same.

3. The agreement referred to in the said by-law dated the

5th day of March, A.D. 1900, made between the said Charles
D. Cramp and another and the said Town of Collingwood, and
which is fully set out in schedule "A" to this Act is hereby
ratified and confirmed and is declared legal, valid and binding
5 upon the said municipal corporation in the same manner and
to the same extent as if set out at length and the provisions
thereof enacted in this Act.

SCHEDULE A.

Memorandum of Agreement made in duplicate this fifth day of March,
A. D. 1900, between Charles D. Cramp, of the City of Philadelphia,
in the State of Pennsylvania, one of the United States of America,
capitalist and manufacturer, and John AUister Currie of the City of
Toronto, in the County of York, broker, hereinafter called "The
Parties," of the first part, and the Corporation of the Town of
Collingwood, in the Province of Ontario, acting and represented by
John Chamberlain, mayor, and John Birnie, solicitor for the said
town, hereinafter called " The Corporation," of the second part.
Whereas the parties of the first part have in contemplation the estab-
lishment of an iron and steel smelting industry in the said Town of Col-
lingwood, and the said corporation have offered to assist the enterprise
by granting them a cash bonus of the sum of $115,000.00, a free site on
the water front containing fifty acres of land, including water lots ad-
jacent and a frontage on the lake shore where at least eight hundred feet
of docks can be erected with the uniform depth of eighteen feet of water,
together with certain privileges as hereafter set forth as to taxation and
assessment upon the tel'ms and conditions hereinafter set. forth.

Now therefore this agreement witnesseth that for the consideration
hereinafter set forth the parties for themselves, their heirs, executors,
administrators and assigns and their successors and assigns respectfully
do hereby covenant, promise and agree each with the other in the man-
ner following, that is to say : —

1. The parties of the first part, their heirs, executors, administrators or
assign, will cause to be constructed equipped and operated within 'the
municipality of the Town of Collingwood a blast furnace with all neces-
sary steel furnaces and rolling mills for the manufacture of iron and steel
plates, structural shapes, rails and ingots, capable of turning out at least
two hundred tons of finished merchantable product per day, such works
to be of modern design and substantial character and to be fully equipped
with all necessary machinery, plant, furnaces, stack, heating ovens, blow
engines, boilers, pumps, buildings, wharves and premises for the proper
operation thereof, and the parties of the first part will employ at the said
town in the operation of the said plant not less than six hundred men,
continuously, and the said parties of the first part will invest not less
than the sum of $700,000 in the establishment of the said plant and
machinery .

2. That the said bonus of $115,000.00 shall be due and payable in
cash to the parties of the first part, their heirs, executors, administrators
and assigns, as soon as the said works of the parties shall have been put
in operation fully. The corporation shall have the right to appoint an
engineer to inspect the said works jointly with the engineer of the com-
pany, and upon thoir report that the works are so completed with the
capacity aforesaid, and at the said cost, the said bonus shall be paid over
to the said parties.

3. The corporation agree to furnish fifty acres of suitable land on the
water front, includins? adjacent water lots, capable of allowing the
erecUon of at least eight hundred feet of docks, and to convey the same
to the parties of the first part, their heirs, executors, administrators
and assigns immediately upon the completion of the plant as aforesaid.

4. The said corporation further agrees that the parties of the first part,
their heirs, administrators and assigns shall have a lease at the nominal
rental of one dollar per annum, payable in advance, of the said fifty
acres of land, including water lots, at any time after the passing of
by -Jaws and Act of Parliament hereinafter provided for. and that ihe
said lease shall continue and that the parties of the first part, thtir
heirs, executors, administrators and assigns shall be at liberty to hold,
enjoy and occupy the said lands, includmg water lots, and to erect the
plant and wharves as aforesaid thereon, and upon the completion thereof
as aforesaid they shall be entitled to conveyance in fee of the said fifty
acres of land, including water lots.

5. The said corporation further agree that they will furnish eighteen
feet of water along any docks which may be erected in connection with
the said lands and works and also furnish a channel of the depth of eigh-
teen feet during the time when the same may be used for the purpose of
the said works.

6. The corporation further agree that the property and assets of the
parties of the first part, their heirs, executors, administrators and assigns
in connection with the said works, docks, etc., shall be exempt from
municipal or other taxes until the expiration of one year from the date of
the completion thereof as aforesaid, or for a period of one year after the
payment of the said bonus.

7. The corporation further agree th^it the works, buildings, plant and
wharves and all other real and personal property in connection with the
said works and adjuncts thereto shall be assessed for the purpose of tax-
ation at the sum of $700,000.00, and that such assessment shall not be
increased on account of any absequent addition o p^ant or otherwise.

8. The parties of the first part agree that they will properly maintain
and operate the said works at the said town of Collingwood for a period ot
thirty years from the establishment thereof, and should the works be not
properly maintained and operated within the true intent and meaning of
this agrtement, for a continuous period of three years the unearned bonus
shall become due and payable to the said corporation in the manner fol-
lowing, that is to say : —

For each and every year which yet remains of the said period of thirty
years, after the three years cessatiun of operations as aforesaid the sum of
^3,833.33 shall be immediately due and payable by the said parties of the
first part, their heirs, executors and assigns to the said corporation, and
the-said corporation in case of non-payment, shall have a lien or charge
upon the said plant and machinery for the said amount, and can upon
non-payment of the same enter upon and seize the said plant and machin-
ery without process of law and sell or dibpose of the same or such part
thereof as may be necessary to realize the said amount ; and the said
parties of the first part or their assigns shall not remove the said plant out
of the said municipality without the consent of tlie said corporation, and
upon any removal the lien or charge of the said corporation for the
amount of any unearned bonus shall attach to the said plant into whom-
soever hands the same may come tmd such lien or charge shall be duly
registered in the manner required by law.

9. The parties of the first part the heirs, executors, administrators and
assigns will properly operate the said industry for an average of at least
three hundred working days per year during the term of thirty years from
the completion thereof, accidents and other circumstances beyond their
control excepted.

10. The parties of the first part t heir heirs, executors, administrators
and assigns will pay all the men employed by them in or about the said
works in cash, at least monthly, in the town of Collingwood and selecting
and training workmen will, where it is at all possible, give a preference to
men of the town of Collingwood and county of Siracoe,

11. The said parties of the first part, their executors or assigns will not
engage or be connected with any business as merchants in the town of
Collingwood or county of Simcoe or Grey, but will encourage their men as
far as r'ossible to deal with the merchants of Collingwood.

12. This agreement is subject to the assent of the ratepayers of the town

of Collingwood being obtained in the manner provided by law and also

subject to the procuring of an Act of the Legislature of the Province of
Ontario authorizing the passing of ^ by-law by the municipal council of
the town of Collingwood granting the said bonus, for the issue of deben-
tures therefor, the purchase and conveyance of the said fity acres of land
including water lots, for the exemption of taxation and for the limit as to
assessment herein provided for, and the parties of the second part shall
bear all cost, legal expenses and disbursements in applying for such legis-
lation.

In witness whereof the parties hereto have hereunto set their hands and
seals the day and year first above written.

Signed, sealed and delivered '^ John Chamberlain,

in presence of I Mayor,

J. A. CuRRiE, [L.S.] j John Birnie, Jr.

Chas. D. Cramp, [L.S.] J Solicitor.

SCHEDULE B.
By-law No. 551.

To raise by way of debentures the sum of one hundred and twenty-five
thousand dollars to grant by way of bonus to Charles D. Cramp, of the
city of Philadelphia, in the State of Pennsylvania, one of the United
States of America, capitalist and manufacturer, and his associates, towards
the establishment of an iron and steel smelting industry at the town of
Collingwood, tc^ purchase a site therefor and to make provision toward
dredging out a channel to the docks of the said industry.

Whereas the said Charles D. Ci amp and his associates have proposed to
establish and operate within the town of Collingwood a blast furnace with
all necessary steel furnaces and rolling mills for the manufacture of iron
and steel, capable of turning" out at least two hundred tons of finished
merchantable product per day, provided they were granted by way of aid
to the said industry a bonus of |115,00 ', and certain other privileges
more fully set forth in an agreement beaiing date the 5th day of March,
1900, and made between the said Charles D. Cramp and others of the first
part and the corporation of the town of Collingwood of the second part.

And whereas the said Charles D. Cramp and his associates have agreed
to establish and operate the said blast furnace and steel smelting industry
as soon as may be after the final passing of this by-law, and upon the
terms more fully set forth in the said agreement.

And whereas it is necessaiy to raise by way of debentures the sum of
^115,000.00 to grant as a bonus to the said industry, and the sum of
$10,000.00 to do the necessary dredging of a passage into the docks of the
said industry and to provide a site therefor making in all the sum of
$125,000.00

And whereas the amount of the whole rateable property of the munici-
pality of the town of Collingwood, according to the last revised assessment
roll amounts to $1,290,054.

And whereas the existing debenture indebtedness of the said munici-
pality amounts to $233,502.77 and no principal or iiterest is in arrears

And whereas it will require the sUm of $7,228.87 to be raised annually
for a period of thirty years to pay the interest of and discharge the said
debt as the same becomes due and payable.

Therefore the municipal council of the corporation of the town of Col-
lingwood enacts as follows :

1. That the mayor of the said town is hereby authorized and required to
issue debentures of the said town to the amount of $125,000, and such
debentures shall be signed by the mayor and treasurer of the town of
Collingwood and sealed with the corporate seal, and there shall be thirty

such debentures, each for the sum of ^ , payable the first day of

December, in the year of our Lord 1901, and on each of the next succeed-
ing twenty-nine years, it being estimated that such thirty debentures are
equal to $125,000 of principal money with interest from the first day of
December, 1900, at the rate of 4 per cent, per annum upon the amount
of principal money from time to time remaining unpaid, the amount of
principal and interest presented in each of such debentures being as
follows :

• Annual

Year. Interest. Principal. payment.

1 $5,000 00 $2,228 87 $7,228 75

2 4,910 88 3,318 02 7,228 75

3 4,818 13 2,410 62 7,228 75

4 4,72175 2,507 00 7,228 75

5 4,621 50 2,607 32 7,228 75

6 4,517 77 2,711 62 7,228 75

7 4,408 75 2,820 12 7,228 75

8.. 4,295 88 2,933 00 7,228 75

9. 4,178 67 3,050 20 7,228 75

10 4,050 67 3,172 15 7,228 75

11 3,929 56 3,299 07 7,228 75

12 3,797 56 3,431 12 7,228 75

13 3,660 62 3,567 25 7,228 75

14 3,517 87 3,71100 7,228 75

15 3,369 37 3,859 60 7,228 75

16 3,215 12 4,013 75 7,228 75

17 3,054 37 4,174 50 7.228 75

18 2,887 62 4,34120 7,228 75

19 2,713 67 4,515 00 7,228 75

20 2,533 12 4,695 75 7,228 75

21 2,345 37 4,345 37 7,228 75

22 2,150.2 5,078 75 7,228 75

23 1,946 97 5,28190 7,228 75

24 1,735 62 6,493 25 7,228 75

25 1,515 87 5,713 00 7,228 75

26 1,287 37 ■ 5,941 60 7,228 75

27 1,049 60 6,179 27 7,228 75

28 702 37 6,426 50 7,228 75

29 545 57 6,683 30 7,228 75

30 278 10 6,950 77 7,228 75

2. The proceeds of the said debentures shall be applied in manner
following, that is to say : —

The sum of $115,000 as a cash bonus to the said industry in the manner
and according to the terms stipulated in the said agreement.

The sum of $10,000 towards dredging a channel into the docks of the
said industry and in the purchase of a site therefor as provided in the said
agreement.

3. To provide for the payment of the said sum of $126,000 and interest
thereon as aforesaid the sum of $7,228 87 shall be levied and raised
annually for the period of thirty years, commencing with the year 1901
by special rate sufficient therefor on all the rateable property in the town
of Woodstock.

4. The said debentures shall be payable at the Bank of Toronto,
Collingwood.

5. That this by-law shall come into force and have effect from and after
the passing thereof.

6. That the votes, of the qualified electors of the said town of Colling-
wood shall be taken by ballot, upon this by-law, at the following times and
places, and by the undermentioned deputy- returning officers, that is to
say :—

On Friday, the thirtieth day of March, A.D. 1900, at the hour of nine
o'clock in the forenoon, continuing until five in the afternoon of the same

day, at the polling places hereinafter mentioned ; and the following per-
sons shall be deputy-returning officers, to take the votes of the qualified
ratepayers at such places, that is to say : —

In jjolling sub division No. 1, first ward, the town Hall, Hurontario
street W. R. Anderson, deputy-returning officer.

In polling sub-division No. 2, second ward, Ditson's old store, lot 25
east Hurontario street, James W. Archer, deputy-returning officer.

In polling sub-division No. 3, second ward, Mrs Hill's residence, lot
No. 8 east Ste. Marie street, Charles Peter, deputy-returning officer.

In polling sub division No. 4, third ward, James pump factory, lot 13
east Beech street, Hatthew Pomphrey, deputy-returning officei .

In polling sub-division No. 5, fourth ward. Patrick Howard place of
business, cor. Hurontario and Third streets, Patrick Howard, deputy-
returning officer.

In polling sub-division No, 6, fifth ward, Thomas Gillson's house, lot 42
west Pine street, Thomas Gillson, deputy-returning officer.

7. That at ten o'clock in the forenoon of the 29th day of March, A.D.
at the Town Hall, Collingwood, the persons to attend, at the various
polling places on behalf of the persons interested in promoting or oppos-
ing the passing of the by-law, shall be appointed and such persons shall
also attend at ten o'clock in the forenoon on the 1st day of April, A.D.
1900, at the said Town Hall, at the final summing up of the votes given
for and against this by-law, together with the two persons to be appointed
by the head of the municipality as required by The Municipal Act.

8. That the clerk of the said municipality at ten o'clock in the forenoon
on the 1st day of April, A.D. 1900, at the Town Hall, shall sum up the
votes given for and against this by-law and shall then and there declare
the result.

That this by-law shall come into force and have effect from and after the
passing thereof.

Notice.

That the above is a true copy of the proposed by-law which has been
taken into consideration by the council of the corporation of the town of
Collingwood, and will be finally passed by the said council in the event of
the assent of the electors being obtained thereto. After the month from
the first publication thereof in the Enterprise-Messencjer newspaper of
Collingwood, the date of which first publication was the eighth day of
March, A.D. 1900, to wit on this 9th day of April, now next ensuing, at
the hour of half past seven of the clock, in the afternoon, and that the
votes of the qualified electors ot the said corporation, shall be taken there-
on, at the places named in the said proposed by-law, on the 30th day of
March instant A.D. 1900, commencing at the hour of nine o'clock in the
forenoon, and ending at five of the clock in the afternoon of the same day.
Dated at Collingwood, this 7th day of March, A.D. 1900.
H. John Hogg,

Clerk of Corporation of Town of Collingwood.

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No. 87.J

BILL

[1900.

An Act respecting the Town of CoUingwood and
Charles D. Cramp.

WHEREAS the Municipal Corporation of the Town of Preamble.
CoUingwood has by petition represented that Charles D.
Cramp of the City of Philadelphia, in theState of Pennsylvania,
one of the United States of America, capitalist and manufac-
turer, and ^^certain persons associated with him"®* have pro-
posed to establish, operate and maintain at the Town of
CoUingwood a blast furnace with all necessary steel furnaces
and rolling mills for the manufacture of iron and steel plates,
structural shapes, rails and ingots capable of turning out at
least two hundred tons of finished merchantable product per
day provided that the said corporation will assist the said
industry by granting the sum of $115,000, ^by way of bonus
and a°®* free site on the water front containing fifty acres of
land, together with certain privileges as to taxation and assess-
ment set forth in the agreement ^®'set out in Schedule A to this
Act"^; that by an agreement bearing date the 5th day of March,
A.D. 1900, and made between the said Charles I). Cramp and
another of the first part, and the Corporation of the Town of
CoUingwood of the second part, the said parties of the first part
did agree that they would cause to be constructed, equipped and
operated within the municipality of the town of CoUingwood a
blastfurnace with all necessary steel furnaces and rolling mills
for the manufacture of iron steel plates, structural shapes, rails
and ingots capable of turning out at least two hundred tons of
finished merchantable product per day, such works to be of
modern design and substantial character and to be fully
equipped with all necessary machinery and plant for the pro-
per operation thereof; in consideration whereof the said muni-
cipal corporation did agree to pay to the said parties of the
first part when the said industry should be in complete opera-
tion the sum of $115,000, to grant a free site on the water front
containing fifty acres of land together vyith certain privileges
as to taxation and assessment upon the terms and conditions
more fully set out in the said agreement, a copy of which
said agreement is set out in schedule A to this Act ; that on the
7th day of March, A.D. 1900, a by-law of the said municipal
corporation -was introduced by the municipal council thereof
and read a first time to raise by way of debenture the sum of
$115,000 on the credit of the said municipality repayable in
30 annual instalments of principal and interest at the rate of

four per centum per annum to grant by way of aid to the said
industry the sum of $115,000 as a cash bonus and the sum of
$1 0,000 to be expended in providing a site therefor and to
dredge a channel in to the docks' of the said industry as pro-
vided in the said agreement ; that such by-law will be sub-
mitted for the approval of the ratepayers of the said town
on Friday, the 30th day of March, and in the event of the
same receiving the assent of the electors of the said town
will be finally passed by the said municipal council ; that the
establishment of the said proposed industry is of vital import-
ance not only to the said town but to the whole Province at
large ^the said Municipal Corporation therefore prays"^
that an Act may be passed confirming and legalizing the
said by-law of the said municipal corporation provided
the same shall be assented to by the duly qualified electors of
the said municipality when the said vote is taken as aforesaid
in manner provided by The Municipal Act, a copy of which
by-law is set forth in schedule B to this Act and confirming
and legalizing the said agreement bearing date the 5th day of
March, A.D. 1900, and made between the said Charles D. Cramp
and others and the said town of Collingwood ; ^and whereas
no opposition has been offered by or on behalf of any rate-
payer or otherwise to the said petition ;'®* and whereas it is
expedient to grant the prayer of the said petition

Therefore Her Majesty by and with the advice and consent
of the Legislative Assembly of Ontario enacts as follows :

Authority to 1- That it shall be lawful for the municipal corporation of
grant cash the town of Collingwood to grant a cash bonus of 111 5,000 to
site."^ *° assist in the establishment of the said blast furnace and steel
smelting industry, and to expend the sum of $10,000 in the
purchase of a site therefor, and to grant such site when
acquired to the said industry and towards dredging a channel
of the uniform depth of eighteen feet of water into docks to
to be used in connection with the said industry ; to fix the
assessment of the said industry at the sum of $700,000 for a
period of thirty years, irrespective of any subsequent addi-
tions to the said plant or otherwise, and to exempt the said
plant and machinery and property used in connection there-
with from all municipal rates and taxes for a period of one
year from the date of the establishment of the said industry
as aforesaid, and that by-law No. 551 of the said municipal
corporation authorizing the issue of debentures for the sum of
$125,000, repayable during the period of thirty years, which
by-law is set out in schedule "B" to this Act, providing the
same shall receive the assent of the said ratepayers as afore-
said, is declared legal, valid and binding upon the said munici-
pal corporation in the same manner and to the same extent
as if set out at length and the provisions thereof enacted in
this Act, notwithstanding any jurisdiction in the said munici-
pality to pass such by-law, and notwithstanding any defect

in substance or in form of the said by-law, or in the manner
of passing the same.

2. ^"Save as provided in section 3 of this Acf^ the Agreement
agreement referred to in the said by-law dated the 5th '=°°fi'^™^'^'
day of March, A.D. 1900, made between the said Charles
D. Cramp and another and the said Town of Collingwood, and
which is fully set out in schedule "A" to this Act is hereby
ratified and confirmed and is declared legal, valid and binding
upon the said municipal corporation ^"and the ratepayers
thereof"^* in the same manner and to the same extent as if set
out at length and the provisions thereof enacted in this Act.

^3. Notwithstanding anything contained in paragraphs
numbered 6 and 7 of the said agreement the lands, buildings,
machinery, plant, stock, and other improvements, now owned
or hereafter to be acquired for the purposes of the said blast
furnace and rolling mills shall for school purposes be and
remain liable to assessment, and school taxes shall be levied
and collected thereon in accordance with the provisions of the
general law in that behalf. °§^

SCHEDULE A.

Whereas the parties of the first part have in contemplation the estab-
lishment of an iron and steel smelting industry in the said Town of Col-
lingwood, and the said corporation have offered to assist the enterprise
by granting them a cash bonus of the sum of $115,000.00, a free site on
the water front containing fifty acres of land, including water lots ad-
jacent and a frontage on the lake shore where at least eight hundred feet
of docks can be erected with the uniform depth of eighteen feet of water,
together with certain privileges as hereafter set forth as to taxation and
assessment upon the terms and conditions hereinafter set forth.

1. The parties of the first part, their heirs, executors, administrators or
assign, will cause to be constructed equipped and operated within the
municipality of the Town of Collingwood a blast furnace Avith all neces-
sary steel furnaces and rolling mills for the manufacture of iron and steel
plates, structural shapes, rails and ingots, capable of turning out at least
two hundred tons of finished merchantable product per day, such works
to be of modem design and substantial character and to be fully equipped
with all necessary machinery, plant, furnaces, stack, heating ovens, blow

engines, builers. pumps, buildings, wharves and premises for the proper
operation thereof, and tlie parties of the first part will employ at the said
town in the operation of the said plant not less than six hundred men,
continuously, and the said parties of the first part will invest not less
than the sum of $700,000 in the establishment of the said plant and
machinery.

2. That the said bonus of f 115,000. 00 shall be due and payable in
cash to the parties of the first part, their heirs, executors, administrators
and assigns, as soon as the said works of the parties shall have been put
in operation fully. The corpoiatiun shall have the right to appoint an
engineer to inspect the said works jointly with the engineer of the com-
pany, and upon their report that the works ai'e so completed with the
capacity aforesaid, and at the said cost, the said bonus shall be paid over
to the said parties.

3. The corporation agree to furnish fifty acres of suitable land on the
water front, including adjacent water lots, capable of allowing the
erection of at least eight hundred feet of docks, aiid to convey the same
to the parties of the first part, their heirs, executors, administrators
and assigns immediately upon the completion of the plant as aforesaid,

4. The said corporation further agrees that the parties of the first part,
their heirs, administrators and assigns shall have a lease at the nominal
rental of one dollar per annum, payable in advance, of the said fifty
acres of land, including water lots, at auy time after the passing of
by-laws and Act of Parliament hereinafter provided for and that the
said lease shall continue and that the parties of the fix'st part, their
heirs, executors, administrators and assigns shall be at liberty to hold,
enjoy and occupy the said lands, including water lots, and to erect the
plant and wharves as aforesaid thereon, and upon the conipletion thereof
as aforesaid they shall be entitled to conveyance in fee of the said fifty
acres of land, including water lots.

6. The cor[)oration further agree that the property and assets of the
parties of the first part, their heirs, executors, administrators and assigns
in connection with the said works, docks, etc., shall be exempt from
municipal or other taxes until the expiration of one year from the date of
the completion thereof as aforesaid, or for a period of one year after the
payment of the siid bonus.

7. The corporation further agree th it the works, buildings, plant and
wharves and aU other real and personal property in connection with the
said works and adjuncts thereto shall be assessed for the purp se of tax-
ation at the sum of $700,000.00. and that such assessment shall not be
increased on account of anj' abse({uent addition o plant or of'erwise.

8. The parties of the first part agree that they will properly maintain
and operate the said works at the said town of Collingwood for a period of
thirty years from the establishment thereof, and should the works be not
properly maintained and operated within the true intent and meaning of
this agreement, for a continuous period of three years the unearned bonus
shall become due and payable to the said corporation in the manner fol-
lowing, that is to say ; —

For each and every year which yet remains of the said period of thirty
years, after the three years cessatiuii of operations as aforesaid the sum of
$3,833.33 shall be immediately due and payable by the said parties of the
first part, their heirs, executors and assigns to the said corporation, and
the said corporation in case of non-payment, shall have a lien or charge
upon the said plant and machinery for the said amount, and can upon
non-payment of the same enter upon and seize the said plant and machin-
ery without process of law and sell or dispose of the same or such part
thereof as may be necessary to realize the said amount ; and the said
parties of the first part or their assigns shall not remove the said plant out
of the said municipality without the consent of the said corporation, and
upon any removal the lien or charge of the said corporation for the

amount of any unearned bonus shall attach to the said plant into whom-
soever hands the same may come and such lien or charge shall be duly
registered in the manner required by law.

9. The parties of the first part, the heirs, executors, administrators and
assigns will properly operate the said industry for an average of at least
three hundred working days per year during the term of thirty years from
the completion thereof, accidents and other circumstances beyond their
control excepted.

10. The parties of the first part their heirs, executors, administrators
and assigns will pay all the men employed by them in or about the said
works in cash, at least monthly, in the town of Collingwood and selecting
and training workmen will, where it is at all possible, give a preference to
men of the town of Collingwood and county of Simcoe,

11. The said parties of the first part, their executors or assigns will not
engage or be connected with any business as merchants in the town of
Collingwood or county of Simcoe or Grey, but will encourage their men as
far as possible to deal with the merchants of Collingwood.

12. This agreement is subject to the assent of the ratepayers of the town
of Collingwood being obtained in the manner provided by law and also
subject to the procuring of an Act of the Legislature of the Province of
Ontario authorizing the passing of a by-law by the municipal council of
the town of Collingwood granting the .said bonus, for the issue of deben-
tures therefor, the purchase and conveyance of the said fity acres of land
including water lots, for the exemption of taxation and for the limit as to
assessment herein provided for, and the parties of the second part shall
bear all cost, legal expenses and disbursements in applying for such legis-
lation.

In witness whereof the parties hereto have hereunto set their hands and
seals the day and year first above written.

Signed, sealed and delivered "j John Chamberlain,

in presence of \_ Mayor, J Corp.

J. A. CuBRiE, IL.8.] j John Birnie, Jr. | Seal.

,[L.S.] )

Chas. D. Cramp, fL-S.! ^ Solicitor.

SCHEDULE B.

By-law No. 551.

To raise by way of debentures the sum of one hundred and twenty-five
thousand dollars to grant by way of bonus to Charles D. Cramp, of the
city of Philadelphia, in the State of Pennsylvania, one of the United
States of America, capitalist and manufacturer, and his associates, towards
the establishment of an iron and steel smelting industry at the town of
Collingwood, to pui'chase a site therefor and to make provision toward
dredging out a channel to the docks of the said industry.

Whereas the said Charles D. Cramp and his associates have proposed to
establish and operate within the town of Collingwood a blast furnace with
all necessary steel furnaces and rolling mills for the manufacture of iron
and steel, capable of turning out at least t*o hundred tons of finished
merchantable product per day, provided they were granted by way of aid
to the said industry a bonus of $115,00 >, and certain other privileges
more fuUy set forth in an agreement bearing date the 5th day of March,
1900, and made between the said Charles D. Cramp and others of the first
part and the corporation of the town of CoUingwaod of the second part.

And whereas che said Charles D. Cramp and his associates have agreed
to establish and operate the said blast furnace and steel smelting industry
as soon as may be after the final passing of this by-law, and upon the
terms more fully set forth in the said agreement.

And whereas it is necessary to raise by way of debentures the sum of
$115,000.00 to grant as a bonus to the said industry, and the sum of
$10,000.00 to do the necessary dredging of a passage into the docks of the

*aid industry and to provide a site therefor making in all the sum of
1125,000.00

And whereas the amount of the whole rateable property of the munici-
pality of the town of CoUingwood, according to the last revised assessment
roll amounts to $1,290,054,

And whereas the existing debenture indebtedness of the said munici-
pality amounts to f 233,502.77 and no principal or interest is in arrears

And whereas it will require the sum of $7,228.75 to be raised annually
for a period of thirty years to pay the interest of and discharge the said
debt as the same becomes due and payable.

Therefore the municipal council of the corporation of the town of Col-
lingwood enacts as follows :

1. That the mayor of the said town is hereby authorizf d and required to
issue debentures of the said town to the amount of $125,000, and such
debentures shall be signed by the mayor and treasurer of the town of
CoUingwood and sealed with the corporate seal, and there shall be thirty
such debentures, each for the sum of $ , payable the first day of

December, in the year of our Lord 1901, and on each of the next succeed-
ing twenty-nine years, it being estimated that such thirty debentures are
equal to $125,000 of principal money with interest from the first day of
December, 1900, at the rate of 4 per cent, per annum upon the amount
of principal money from time to t^me remaining unpaid, the amount of
principal and interest presented in each of such debentures being as
follows :

Annual
Year. Interest. Principal. payment.

1 $5,000 00 $2,228 75 $7,228 75

2 4,910 88 3,318 87 7,228 75

3 4,818 13 2,410 62 7,228 75

4 4,72175 2,507 00 7,228 75

5 4,62150 2,607 25 7,228 75

6 4,517 77 2,711 62 7,228 75

7 4,408 75 2,820 00 7,228 75

8 4,295 88 2,933 87 7,228 75

9 4,178 67 3,050 12 7,228 75

10 4,056 67 3,172 12 7,228 75

11 3,929 56 3,299 37 7,228 75

12 3,797 56 3,431 10 7,228 75

13 3,660 62 3,567 25 7,228 75

14 3,517 87 3,711 20 7,228 75

15 3,369 37 3,859 37 7,228 75

16 3,215 12 4,013 87 7,228 75

17 3,0f)4 37 4,174 87 7.228 75

18 2,887 62 4,34137 7,228 75

19 2,713 87 4,515 21 7,228 75

20 2,533 12 4,695 62 7,228 75

21 2,345 37 4,345 37 7,228 75

22 2,150^2 5,078 75 7,228 75

23 1,946 97 5,28187 7,228 75

24 1,735 62 5,493 25 7,228 76

25 1,515 87 5,713 87 7,228 75

26 1,287 37 5,94150 7,228 75

27 1,049 60 6,179 20 7,228 75

28 702 37 6,426 25 7,228 75

29 545 57 6,683 37 7,228 75

30 278 10 6,950 62 7,228 75

2. The proceeds of the said debentures shall be applied in manner
following, that is to say : —

The sum of $115,000 as a cash bonus to the said industry in the manner
And according to the terms stipulated in the stiid agreement.

The sum of $10,000 towards dredging a channel into the docks of the
said industry and in the purchase of a site therefor as provided in the said
agreement.

3. To provide for the payment of the said sum of $125,000 and interest
chereon as aforesaid the sum of $7,228 75 shall be levied and raised
annually for the period of thirty years, commencing with the year IPOl,
by special rate sufficient therefor on all the rateable property in the town
of Collingwood.

4. The said debentures shall be payable at the Bank of Toronto,
Collingwood.

5. That this by-law shall come into force and have effect from and after
the passing thereof.

On Friday, the thirtieth day of March, A.D. 1900, at the hour of nine
o'clock in the forenoon, continuing until five in the afternoon of the same
day, at the polling places hereinafter mentioned ; and the following per-
sons shall be deputy-returning officers, to take the votes of the qualified
ratepayers at such places, that is to say : —

In polling sub division No. 1, first ward the town Hall, Hurontario
sti-eet W. R. Anderson, depu'y-returning officer.

In polling sub-division No 2, second ward, Ditson's old store, lot 25
east Hurontario street, James W. Archer deputy-returning officer.

In polling sub-division No. 3, second ward, Ms Hill's residence, lot
No 8 east Ste. Marie street, Charles Peter, deputy-returning officer.

In polling sub division No. 4, third ward, James pump factory, lot 13
east Beech street, Hatthew Pomphrey, deputy-returning officei.

In polling sub-division No. 5, fourth ward Patrick Howard place of
business, cor. Hurontario and Third streets, Patrick Ho war J, deputy-
returning officer.

In polling sub-division No, 6, fifth ward, Thomas Gillson's house, lot 42
west Pine street, Thomas Gillson, deputy-returning officer.

7. That at ten o'clock in the forenoon of the 29th day of March, A.D.
at the Town Hall, Collingwood, the persons to attend, at the various
polling places on behalf of the persons interested in promoting or oppos-
ing the passing of the by-law, shall be appointed and such persons shall
also attend at ten o'clock in the forenoon on the 1st day of April, A.D.
1900, at the said Town Hall, at the final summing up of the votes given
for and against this by-law, together with the two persons to be appointed
by the he id of the municipality as required by The Municipal Act.

That this by-law shall come into force and have effect from and after the
I)a8sing thereof.

Notice.

That the above is a true copy of the proposed by-law which has been
taken into consideration by the council of the corporation of the town of
Collingwood, and will be finally passed by the said council in the event of
the assent of the electors being obtained thereto. After the month from
the first publication thereof in the Enterprise- Messenger newspaper of
Collingwood, the date of which first publication was the eighth day of
March, A.D. 1900, to wit on this 9th day of April, now next ensuing, at
the hour of half past seven of the clock, in the afternoon, anl that the
votes of the qualified electors ot the said corporation, shall be taken there-
on, at the places named in the said proposed by-law, on the 30th day of
March instant A.D. 1900, commencing at the hour of nine o'clock in the
forenoon, and ending at five of the clock in the afternoon of the same day.
Dated at Collingwood, this 7th day of March, A.D. 1900.

H. John Hogg,

Clerk of Corporation of Town of Collingwood.

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No. 88.] T)TT T [1900.

BILL.

An Act to incorporate the Toronto Elevated Railway

Company.

WHEREAS Simeon Heman Janes, Esquire, the Honorable Preamble.
Lyman Melvin Jones, manager of the Massey- Harris
Company, Limited ; Sidney Finlay McKinnon, merchant, all
of the city of Toronto, and James Alfred Lowell, of the town
5 of Niagara Falls, gentleman, have, by their petition, prayed
for an Act of incorporation for the purpose of enabling them
to construct and operate elevated railways and surface street
railways within the city of Toronto and adjoining municipali-
ties within a radius of thirty miles of the city of Toronto ; and
10 whereas it is expedient to grant the prayer of the said peti-
tion :

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

15 1. The said Simeon 'Heman Janes, Lyman Melvin Jones, Incorpora-
Sidney Finlay McKinnon and James Alfred Lowell, together *^°°"
with all such other persons, firms or corporations as shall be-
come shareholders in the company hereby incorporated, shall
be, and are hereby constituted a body corporate and politic by

20 the name of "The Toronto Elevated Railway Company," herein-
after called "the company," to operate (for the daily carriage of
passengers, and for the carriage of freight, express and mail
matter) surface and elevated railways, not under the Electric
Railway Act, to be operated by either steam or electric power,

25 or any other motive power, or partly by steam and partly by
electricity, with the consent of the municipality or municipal-
ities through or within which the same may be operated
within a radius of thirty miles of the city of Toronto, and sub-
ject also to the exclusive right of any other company.

30 2. The capital stock of the company hereby incorporated Capital stock,
shall be $1,000,000 (with power to increase the same in the
manner provided by The Railway Act of Ontario) to be
divided into 10,000 shares of $100 each.

3. The head office of the company shall be in the city of Head office.
35 Toronto, in the Province of Ontario.

Provisional
directors.

First election
of directors.

4. The said Simeon Heman Janes, Lyman Melvin Jones, Sid-
ney Finlay McKinnon, are hereby constituted a board of pro-
visional directors of the company.

5. When, and so soon as shares to the amount of $50,000 of
the capital stock of the company shall- have been subscribed, 5
the provisional directors shall call a general meeting of share-
holders of the company for the purpose of electing directors,
giving at least ten days' notice in the Ontario Gazette, and in
one newspaper published in the city of Toronto, of the time,
place and object of the said meeting ; and at such general 10
meeting the shareholders present, either in person or by proxy,
who shall at the opening of such meeting have paid ten per
cent, on the stock subscribed by them, shall elect not less than
three nor more than nine persons to be directors of the com-
pany; and the sum so paid shall not be withdrawn from the 15
bank, except for the purposes of this Act.

Acquiring
rights for coU'
veying
electricity.

6. The company may acquire the right to convey electricity
required for the working of the railway and lighting the same
or otherwise, over, through or under lands other than the right
of way of the railways by this Act authorized to be built, and 20
to lay conduits under, or erect poles and wires on or over such
lands as may be determined by the company, and to build,
erect and maintain stations, posts, supports, piers and struc-
tures for the operation of elevated railway systems, and along
and upon any of the public roads, lanes and highways or across 25
any of the waters in this Province by the erection of the nec-
essary fixtures, including posts, piers or abutments for sustain-
ing the superstructure and tracks and for sustaining the cords
or wires of" such lines, or the conduits for such electricity upon
and subject to such agreement in respect thereof as shall first 30
be made between the company and any municipality in which
such works or any part thereof may be situate, and under and
subject to any by-law or by-laws of the council of such muni-
cipality passed in pursuance thereof, provided such works are
not constructed as to incommode unnecessarily the public 35
use of such roads or highways, nor to be a nuisance thereto, or
to impede the free access to any house or other building
erected in the vicinity of the same, or to endanger the same or
injuriously to interrupt the navigation of such waters.

Rev. Stat.
c. 223.
Gauge.

7. The gauge of the said railway shall be four feet eight 40
and one-half inches.

Powers of pro-
visional
directors.

8. The said board of provisional directors shall have power
forthwith toopen stock books and procure subscriptions of stock
for the undertaking, and to allot the stock and to receive pay-
ments on account of stock subscribed; and to make calls upon 45
subscribers in respect of their stock, and to sue for and recover
the same ; and to cause plans and surveys to be made, and to
receive for the company any grant, loan, bonus or gift made

to it or in aid of the undertaking ; and to enter into any
agreements respecting the conditions or dispositions of any
gift or bonus in aid of the railways ; and with all such other'
powers as under The Railway Act of Ontario are vested m c.^207.
K ordinary diredtors. The said directors, or a majority of them,
or th€ board of directors to be elected as hereinafter men-
tioned, may, in their discretion, exclude anyone from subscrib-
ing for stock, who, in their judgment, would hinder, delay or
prevent the company from proceeding with and completing

iQ their undertaking under the provisions of this Act, and if at
any time a portion or more than the whole stock shall have
been subscribed, the said provisional directors or board of
directors shall allocate and apportion it among the subscribers
as they shall deem most advantageous and conducive to the

J K furtherance of the undertaking, and in such allocation the said
directors may, in their discretion, exclude any one or more of
the said subscribers, if, in their judgment, such exclusion will
best secure the building of the said railways ; and all meetings
of the provisional board of directors shall be held at the city

2Q of Toronto, in the county of York , or at such other place as
may best suit the interest of the company.

9. No subscription for stock in the capital of the company Subscriptions
shall be binding on the said company unless it shall be ap- wheVbinding.
proved by resolution of the directors.

25 10. At such above mentioned general meeting, the share- Number of

- -- - director —

quorum,

holders present: either in person or by proxy, who shall at the "^^*^*''''^ *°

opening of such meeting have paid up ten per centum on the
stock subscribed by them, shall elect not less than three or more
than nine persons to be directors of the said company in man-

30 ner and qualified as hereinafter mentioned, who shall con-
stitute a board of directors and shall hold office until the next
general annual meeting and a majority of the directors shall form
a quorum of the board, and may pass such rules, regulations
and by-laws as may be deemed expedient and are not incon-

35 sistent with this Act or The Railway Act of Ontario ; and Rev. Stat,
the said board may employ and pay one of their number as c. 207.
managing director, and vacancies on the board of directors may
from time to time be filled as may be provided for in the
by-laws of the company.

40 11. Special general meetings of the shareholders of the com- Special gen-
pany may be held at such place and at such times and in such eral meetings,
manner and for such purposes as may be provided by the by
laws of the company and upon such notice as is provided in
in the by-laws of the company.

45 13. No person shall be qualified to be elected a director by Qualification
the shareholders, unless he be a shareholder, holding at least °^ directors,
ten shares of stock in the said company upon which all calls

" have been paid.

Power to con- ±*S, The Company is hereby authorized and empowered to
8ections.° ^ take and make the surveys and levels of the lands through
which the said railways are to pass together with the map or
plan thereof, and of their course and direction, and of the lands
intended to be passed over and taken therefor, s© far as then 5
ascertained, and also the book of reference for the railways,
and to deposit the same, as required by the clauses of The
0.^207. Railway Act of Ontario, and the amendments thereto with

respect to plans and surveys, by sections or portions less than
the length of the whole railways authorized, of such length as 10
the company may from time to time see fit so that no one of
such sections or portions shall be less than one mile in length;
and upon such deposit, as aforesaid, of the map or plan and
book of reference of any and each of such sections or portions
of the said railways, all and every of the clauses of the said 15
Railway Act and the amendments thereof applied to, included
in or incorporated with this Act shall apply and extend to any
and each of such sections or portions of the said railways as
fully and effectually as if the surveys and levels had been
taken and made of the lands through which the whole of the 20
said railways are to pass, together with the map or plan of the
whole thereof and of the whole course and direction, and of
the lands intended to be passed over and taken, and the book
of reference of the whole of said railways had been taken,
made, examined, certified and deposited according to the said 25
clauses of the said Railway Act and the amendments thereof
with respect to " Plans and Surveys."

Power to pur- 14, The company is hereby authorized to purchase or lease
for^^leasure {^^'^ niay pay for the same either in cash or in bonds, deben-
grounds. tures or paid up stock in the company, or partly in one manner 30

or partly in the other), or acquire by voluntary donation ^or
otherwise, and to hold for any estate in the same, and to sell,
lease, alienate or mortgage any lands or premises intended
and necessary, or suitable for park or pleasure grounds, not
exceeding 100 acres in any one municipality ; and the said 35
company are authorized to improve and lay out such lands as
parks or places of public resort, and may make and enter into
any agreement or agreements with the municipal corporations
of the municipalities wherein the same are situate, or any of
them, in respect thereto, provided that none of the foregoing 40
provisions of this section shall be in force or have effect unless
or until said municipal council or councils of the municipality
or municipalities wherein the lands proposed to be acquired by
the said company are situate shall by by-law have declared
its or their consent to the company acquiring lands under and 45
for the purposes mentioned in this section ; provided also that
the total acreage of lands acquired by the company for park
purposes in any one municipality shall not exceed .*?00 acres ;
provided also that nothing in this section contained shall be
deemed to enable the company to carry on the general busi- 50
ness of a land company.

15. Aliens, and companies incorporated abroad, as well as^^'glitsof
British subjects and corpf)rations may be shareholders in the * ^®°^'
company, and all such shareholders, whether residents in this
province or elsewhere, shall be entitled to vote on their shares

5 equally with British subjects, and shall also be eligible for
office as directors in the company.

1 6. The company may construct, maintain and operate General
works for the production of electricity for the motive power P"*®""'*
of the said railways, and for lighting and heating the rolling

IQ stock of the company, and the said company may sell or lease
any such electricitj'" not required for the purposes aforesaid to
any person or corporation, and in that behalf shall possess the
powers, rights and privileges, and be subject to all the obliga-
tions and restrictions of joint stock companies incorporated

1^ under The Act respecting Companies for Steam and Heating, Rev. Stat.
or for supplying Electricity for Light. Heat or Power, and the c- 200.
company may acquire and hold anj^ property necessary for the
purposes mentioned in this section.

17. Whenever any of the said railways, or their cars, car- Construction

, "^ , . . "^ ' . , . 1 on streets, etc.

90 ^'i^o^^' engines, motors or machinery is or are carried, operated

or worked on, over, through, under or along any street, high-
way or public place of any municipality by electricity, the
same shall only be so carried, operated or worked upon and sub-
ject to such agreement in respect thereof as shall first be made

2" between the company and the municipality under and subject
to any by-law or by-laws of the council of said municipality,
passed in pursuance thereof, and subject also, in all munici-
palities except cities, towns and incorporated villages, to the
written consent first being obtained of one-half in number of

OQ the owners of property fronting on such street or highway
where it is proposed to carry, operate or work such railway,
and in all such cases any and every work, matter or thing in
connection with said electricity and the application and user
thereof in so carrying, operating and working the said rail-

35 ways, or their cars, carriages, engines, motors or machinery as
aforesaid, shall be so constructed, erected, laid down and
arranged as not to unnecessarily incommode the public use of
any such street, highway or public place, nor to be a nuisance
thereto, nor to impede the free access to any house or other

AA building erected in the vicinity of the same, or to endanger the ,
same.

18. Whenever any municipality or portion of a township issue of de-
municipality shall grant aid by way of a bonus or gift to the bentures.
company the debentures therefor shall, within six months after

45 the passing of the by-law authorizing the same, be delivered to
three trustees to be named, one by the Lieutenant-Governor
in Council, one by the company and one by the majority of
the heads of the municipalities which have granted bonuses,
all of the trustees to be residents of the Province of Ontario ;

provided that if the said heads of the municipalities shall refuse
or neglect to name such trustee within one month after notice
in writing of the appointment of the company's trustee, or if
the Lieutenant-Governor in Council shall omit to name such
trustee within one month after notice in writing to him of the 5
appointment of the other trustees, then in either case the
company shall be at liberty to name such other trustee or
trustees. Any of the said trustees may be removed and a
new trustee appointed in his place at any time by the Lieu-
tenant-Governor in Council, and in case any trustee dies or iq
resigns his trust, or goes to live out of the Province of Ontario,
or otherwise becomes incapable of acting, his trusteeship shall
become vacant and a new trustee may be appointed by the
Lieutenant-Governor in Council.

Trusts of pro- 19. The said trustees shall receive the said debentures or 15
ceeds of de- bonds in trust, firstly under the directions of the company, but
subject to the conditions of the by-law in relation thereto as
• to time or manner, to convert the same into money or other-
, wise dispose of them ; secondly, to deposit the debentures or
amounts realized from the sale in some chartered bank having 20
an office in the Province of Ontario in the name of " The
Toronto Elevated Raihvay Municipal Trust Account," and to
pay the same out to the company from time to time as the
said company becomes entitled thereto under the conditions of
the by-law granting the said bonus, and on the certificate of the 25
chief engineer of the company for the time being in the form
set out in Schedule "B" hereto, or to the like efiect, which cer-
tificate shall set forth that the conditions of the by-law have
been complied with, and is to be attached to the cheque or
. order drawn by the said trustees for such payment or delivery 3Q
of debentures ; and such engineer shall not wrongfully grant
any such certificate under a penalty of $500, recoverable in
any court of competent jurisdiction by any person who may
sue therefor.

Fees to
trustees.

20. The trustees shall be entitled to their reasonable fees 35
and charges from said trust fund, and the acts of any two of
such trustees shall be valid and binding as if the three had
agreed.

wSroThe"*' 31. It shall he lawful for the directors of the company to
companies for enter into an agreement or agreements with any other company ^q
Mring^rolliDff ^^ Companies if lawfully authorized to enter into such agreements
stock. or with any person or persons, for leasing, hiring or use of any

electric motors, carriages, cars, rolling stock, and other movable
property from such companies or persons for such time or times
and on such terms as may be agreed on, and also to enter into 45
agreements with any railway company or companies if so law
fully authorized, for the use by one or more of such contract-
ing companies, of the electric motors, carriages, cars, rolling-
stock and other movable property of the other or others of them

on such terms as to compensation and otherwise as may be
agreed upon and to acquire, purchase, lease, hold and use
running rights, roadbeds, plant, fixtures, rights, franchises and
powers of any other company or companies having the like,
5 similar or any of the powers as the company hereby incor-
porated.

33. The company may also construct an electric telegraph Telegraph and
line and a telephone line in connection with their railways, telephone
and for the purpose of constructing, working and protecting

10 the said telegraph and telephone lines, the power conferred
upon telegraph companies by Ihe Act respecting Telegraph
Companies, being chapter 192 of the Revised Statutes of
Ontario, 1897, are hereby conferred upon the said company;
provided that no poles shall be erected in the construction of

15 either of said lines in or through any city, town or incorporated
village without the consent of the council of such city, town or
village being first obtained by the said company ; provided also
that such telegraph and telephone lines shall be used exclusively
for the purposes of the business of the company.

20 23. The directors of the company shall have power to issue Power to issue
bonds of the company for the purpose of raising money for b°°^3-
prosecuting the said undertaking, but the whole amount of '

the issue of such bonds shall not, except for the elevated por-
tions thereof, exceed in all the sum of $20,000 for each mile of

30 the said railways, and the provisions of sub-sections 20, 21, 22,
23, and 24 of section 9 of The Railway Act of Ontario, as
amended by chapter 45 of the Statutes passed in the 53rd
year of the reign of Her Majesty Queen Victoria, shall apply
to all such bonds, and the issue thereof, and such bonds shall

25 be issued subject and according to, and in conformity with
the provisions of said sub-sections and the amount for which
the elevated portions thereof may be bonded shall not exceed
the amount which may from time to time be fixed by the
Lieutenant-Governor in Council.

05 34. The directors may, from time to time, make, calls as Calla on stock,
they shall think fit, provided that no call shall be made at any
one time of more than ten per centum of the amount sub-
scribed by each shareholder, and thirty days' notice shall be
given of each call.

40 35. The said directors or provisional directors may pay, or payments in
agree to pay, in paid-up stock or in bonds of the said company, stocks or
such sums as they may deem expedient, to engineers or con- ^°^^^'
tractors, or for right of way or material, plant, or rolling stock,
and also subject to the sanction of a vote of the shareholders

45 at any general meeting for the services of the promoters or
other persons who may be employed by the directors for the
purpose of assisting the directors in the furtherance of the
undertaking, or purchase of the right of way, or material,

Negotiable
instruments.

plant or rolling stock, whether such promoters or other per-
sons be provisional or elected directors or not, and any agree-
ment so made shall be binding on the company.

36. The company shall have power and authority to be-
come parties to promissory notes and bills of exchange for 5
sums not less than $100, and any such promissory note or bill
of exchange made, accepted or endorsed by the president or
vice-president of the company, and countersigned by the sec-
retary of the company, and under th6 authority of a quorum
of the directors, shall be binding on the company ; and every 10
such promissory note or bill of exchange so made shall be pre-
sumed to have been made with proper authority, until the con-
trary be shown, and in no case shall it be necessary to have the
seal of the said company affixed to such promissory note or bill
of exchange : nor shall the president, vice-president or the sec- 15
retary be individually responsible for the same, unless the said
promissory notes or bills of exchange have been issued without
the sanction and authority of the directors as herein provided
and enacted ; provided, however, that nothing in this section 20
shall be construed to authorize the company to issue any
promissory note or bill of exchange payable to bearer, or in-
tended to be circulated as money, or as the notes or bills of a
bank.

Conveyance
of land to
company.

21. Conveyances of land to the company for the purpose of 25
and powers given by this Act, made in the form set forth in
the schedule " A " to this Act or to the like effect, shall be suf-
ficient conveyance to the company, their successors and assigns
of the estate or interest therein mentioned, and sufficient bar
of dower respectively of all persons executing the same ; and 30
such conveyance shall be registered in the same manner, and
upon proof of execution as is required under the registry law^s
of Ontario ; and no registrar shall be entitled to demand more
than seventy-five cents for registering the same, including all
entries and certificates thereof, and the certificates endorsed on 35
the duplicates thereof.

Mortgaging or 28. The Company may from time to time for advances of
pledging money to be made thereon, mortgage or pledge any bonds which

they may be enabled under the powers of this Act to issue for

the construction of the said railways.

Stations,
gravel pita.

39. Whenever it shall be necessary for the purpose
of procuring sufficient lands for stations or gravel
pits, or for constructing, maintaining and using the said
railways, and in case by purchasing the whole or
any lot or parcel or land over which the railways are 45
to run, the company can obtain the same at a more reasonable
price, or to greater advantage than by purchasing the railway
line only, the company may purchase, hold, use and enjoy such
lands, and also the right of way thereto, if the same be separ

ated from their railways, and may sell and convey the same or
any part thereof from time to time as they may deem expe-
dient, but the compulsory clauses of The Railway Act of
Ontario shall not apply to this section.

5 30. When stone, gravel, earth or sand is or are required Acquiring
for the construction or maintenance of said railways or any material for
part thereof, the company may in case they cannot agree with ^"°^
the owner of the lands on which the same are situated, for the
purchase thereof, cause a provincial land surveyor to make a

10 map and description of the property so required and they shall
serve a copy thereof with their notice of arbitration, as in the
case of acquiring the roadway, and the notice of arbitration,
the award and tender of the compensation shall have the same
effect as in the case of arbitration for the roadway, and all the

15 provisions of The Railivay Act of Ontario, and of this Act as j^^^ g^^^^
to the service of the said notice of arbitration, compensation, c. 207.
deeds, payment of money into court, the right to sell, the right
to convey, and the parties from w^hom lands may be taken or
who may sell, shall apply to the subject matter of this section

20 as to the obtainiug materials as aforesaid, and such proceed-
ings may be had by the said company either for the right to
the fee simple in the land from which said materials shall be
taken, or for the right to take materials for any time they
shall think necessary, the notice of arbitration in case arbitra-

25 tion is resorted to, to state the interest required.

31. — (1) When said gravel, earth, stone or sand shall be sidings to
taken under the preceding section of this Act, at a distance gravel pita,
from the line of the railways, the company may lay down the
necessary sidings and tracks over any lands which may inter-

30 vene between the railways and the lands on which said materi-
als shall be found, whatever the distance may be ; and all the
provisions of The Railway Act of Ontario and of this Act, Rev. Stat.
except such as relate to filing plans and publications of notice, °- 207.
shall apply and be used and exercised to obtain the right of

35 way from the railways to the land on which such materials
are situated ; and such right may be so acquired for a term of
years or permanently as the company may think proper, and
the powers in this and the preceding section may at all times
be exercised and used in all respects after the railway is con-

40 structed for the purpose of repairing and maintaining the said
railways.

(2) When estimating the damages for the taking of gravel, Rev. Stat,
stone, earth or sand, sub-section 9 of section 20 of The Rail- c 207.
way Act of Ontario shall apply.

33. The company may receive from anj' government or^j^torail-
from any persons or bodies corporate, municipal or politic, who way.
may have power to make or grant the same, aid towards the
construction, equipment or maintenance of the said railway by
way of gift, bonus or loan of money, or debentures or other
2—88

securities for money, or by way of guarantee upon such terms
and conditions as may be agreed upon.

"Gifts of lands. 33 Any municipality through which the railways may
pass or are situate is empowered to grant by way of gift to
the company any lauds, belonging to such municipality or g
over which it may have control, which may be required for
right of way, station grounds or other purposes connected
with the traffic or running of the railways, and the railway
company shall have power to accept gifts of land from any
government or any person or body corporate or politic, and iq
shall have power to sell or otherwise dispose of the same for
the benefit of the company.

Aid from ^^' ^^7 municipality or any portion of a township muni-

municipali- cipality which may be interested in securing the construction
''®^* of the said railways or through any part of which or near 15

which the railways or works of the company shall pass or be
situate may aid the company by giving money or debentures
by way of bonus, gift or loan, or by the guarantee of the mu-
nicipal corporation under and subject to the provisions herein-
after contained ; provided always that such aid shall not be 20
given except after the passing of a by-law for the purpose and
the adoption of such by-law by the qualified ratepayers of the
municipality or portion of a municipality (as the case may be)
in accordance with and as provided by law in respect of grant-
ing aid by way of bonuses to railways. 25

Submitting ^^- Such by-law shall be submitted by the municipal coun-
bonus by-laws cil to the vote of the ratepayers in manner following, namely : —

(1) The proper petition shall first be presented to the coun-
cil, expressing the desire to aid the railways, and stating in
what way and for what amount, and the council shall within 39
six weeks after the receipt ot such petition by the clerk of the
municipality introduce a by-law to the effect petitioned for
and submit the same to the approval of the qualified voters.

(2) In case of a county municipality the petition shall be
that of a majority of the reeves and deputy-reeves or of fifty 35
resident freeholders, in each of the minor municipalities of the
county, who are qualified voters, under The Consolidated Mu-
nicipal Act, 1892, and the amendments thereto.

(3) In case of other municipalities the petition shall be that

of a majority of the council thereof or of fifty resident free- ^q
holders being duly qualified voters under The Consolidated
Municipal Act, 1892, and the amendments thereto as afore-
said.

(4) In case of a section of a township municipality the peti-
tion is to be presented to the council, defining the section by . ;.
metes and bounds or by lots and concessions and shall be that
of a majority of the council of such township municipality or
of fifty resident freeholders in such section of the municipality
being duly qualified voters as aforesaid.

36. Such by-law shall in each instance provide : — By-law, what

'■to contain.

(1) For raising the amount petitioned for in the municipal-
ity or portion of a township municipality (as the case may be)
mentioned in the petition by \hQ issue of debentures of the

5 county or minor municipality, respectively, and shall also pro-
vide for the dt livery of the said debentures or the application
of the amount to be raised thereby, as may be expressed in the
said by-law.

(2) For assessing and levying upon all ratable property
10 lyiiig within tlie municipality or portion of the township

municipality defined in said by-law (as the case may
be) an annual special rate sufficient to include a sink-
ing fund for the repayment of the said debentures
within twenty years with interest thereon payable
15 yearly or half-yearly, which debenture s the respective muni-
cipal councils, wardens, mayors, reeves and other officers there-
of are hereby authorized to execute and issue in such cases
respectively.

37. In case of aid from a county municipality fifty resident Petition

20 freeholders of the county may petition the county council ffom°county.
against submitting the said by-law, upon the ground that cer-
tain minor municipalities or portions thereof comprised in the
said by-law, would be injuriously affected thereby or upon any
other ground, ought not to be included therein, and upon de-

25 posit by the petitioners with the Treasurer of the county of a
sum sufficient to defray the expenses of such reference the
said council shall forthwith refer tRe said petition to three
arbitrators, one being the judge of the county court, one being
the registrar of the county or of the riding in which the county

30 is situate, and one being an engineer appointed by the Commis-
sioner of Public Works for Ontario, who shall have power to
confirm or amend the said by-law by excluding any minor
municipality or any section thereof therefrom, and the decision
of any two of them shall be final, and the by-law so con-

35 firmed or amended shall thereupon, at the option of the rail-
way company be submitted by the council to the duly quali-
fied voters, and in CHse the by-law is confirmed b}^ the arbitra-
tors, the expense of the reference shall be borne by the peti-
tioners against the same, but if amended then by the railway

40 company or the county as the arbitrators may order.

38. In case the V.y-law submitted be approved of and carried Couccil to
in accordance with the provisions of the law in that behalf, p^^s by-law if
then within four weeks after the date of such voting the mun- ^tepayers! ^
icipal council which submitted the same shall read the said

j^K by-law a third time and pass the same.

39. Within one month after the passing of such by-law, the Issue of de-
said council and the mayor, warden, reeve, or other head or Ventures,
other officers thereof shall issue or dispose of the debentures
provided for by the by-law, and deliver the same duly exe-

cuted to the trustees appointed or to be appointed under this
Act. ■

Levying rate 40. In case any such loan, guarantee or bonus be so granted
mumdpaHtj-. ^y a portion of a township municipality, the rate to be levied

for payment of the debentures issued therefor, and the interest 5
thereon shall be assessed and levied upon such portion only of
such municipality.

Application of 41. The provisions of The Consolidated Municipal Act,
V/"J'^ai!!t "' ^899, and the ameridments thereto, so far as the same are not

inconsistent v^dth this Act, shall apply to any by-law so passed 10
by or for a portion of a township municipality to the same
extent as if the same had been passed by or for the whole
municipality.

liev. Stat
c. 223.

Council* may
extend the
time for com-
mencement.

Councils may
extend the
time for
completion.

43, The councils for all corporat'ons that may grant aid by
way of bonus to the said company, may by resolution or by- 15
law, extend the time for commencement of the work beyond
that stipulated for in the by-law or by-laws granting such aid
from time to time ; provided that no such extension shall be
for a longer period than one year.

43. It shall and may be lawful for the council of any mun- 20
icipality that may grant aid by way of bonus to the said com-
pany by resolution or by-law to extend the time for the com-
pletion of the works on the completion of which the said com-
pany would be entitled to such bonus from time to time ; pro-
vided that no such extension shall be for a longer period than 25
one year at a time.

Extent of aid
from muni-
cipaiitie!>.

44. Any municipality or portion of a township municipal-
ity interested in the construction of the road of the said com-
pany may grant aid by way of bonus to the company towards
the construction of such road, notwithstanding that such aid 30
may increase the municipal taxation of such municipality or
portion thereof beyond what is allowed by law ; provided that
such aid shall not require the levying of a greater aggregate
annual rate for all purposes, exclusive of school rates, than
three cents on the dollar upon the value of the ratable pro- 35
perty therein.

By-laws
granting ex-
emption from
taxation.

45. It shall be lawful for the corporation of any municipal-
ity through any part of which the railwa3's of the said com-
pany passes or in which it is situate, by by-law especially
passed for that purpose, to exempt the said company ond its ^^a
property within such municipality, either in whole or in part,
from municipal assessment cr taxation, or to agree to a certain
sum per annum or otherwise, in gross by way of commutation
or composition, for payment or in lieu of all or any municpal
rates or assessments to be imposed by such municipal corpora- ^r
tion and for such term of years as such municipal corporation

may deem expedient, not exceedinf^ twenty-one years, and no
such by-law shall be repealed unless in conformity with a
condition contained therein.

46. Shares in the capital stock of the said company may be Trantfer of
5 transferred for carrying out any of the objects of the com- shares.

pany, and may be transferred by any form of instrument in
writing, but no transfer shall become effectual unless the stock
or scrip certificates issued in respect ot shares intended to be
transferred are surrendered to the company, or the surrender
IQ thereof dispensed with by the company.

47. The company shall have full power to purchase land for Warehousep,
and erect power houses, warehouses, elevators, docks, stations, doc'^P' ^^c.
workshops and offices, and to sell and convey such land as

may be found superfluous for any such purpose, and the com-
15 pany shall have power to hold as part of the property of the
said company as many steam or other vessels as the directors
of the ■ company may deem requisite from time to time, to
facilitate the carriasre of passengers, freight and other traffic
in connection with the railways.

20 48. The company shall have power to collect and receive all Payment of
charges subject to which goods or commodities may come into on'goods.'^^^^
their possession, and on payment of such back charges, and
without any formal transfer, shall have the same lien for the
amount thereof upon such goods and commodities as the

25 person to whom such charges were originally due, and shall
he subrogated by such payment in all the rights and remedies
of such persons for such charges.

49. The directors of the company may enter into a contract Construction
or contracts with any individunl or association of individuals

30 for the construction or equipment of the line, or any part
thereof, including or excluding the purchase of right of way,
and may pay therefor either in the who^e or in part, either in
cash or bonds, or in paid up stock ; provided that no such
contract shall be of any force or validity till approved of by

35 two-thirds of the shareholders present in person or by proxy
at a meeting specially convened for considering the same.

50. The several clauses of The Railway Act of Ontario, incorporation
and of every Act in amendment thereof, shall be incorporated of Rev. Stat.
with and be deemed to be part of this Act, and shall apply to ^- ^^^■

4.Q the company and to the railways to be constructed by them,
except only so far as they may be inconsistent with the
express enactment hereof; and the expression "this Act,"
when used herein, shall be understood to include the clauses of
the said Railway Act and of every Act in amendment

45 thereof so incorporated with this Act.

14
SCHEDULE A.

(Section 27.)

Know all men by these present that in

consideration of dollars paid to me

by the Toronto Elevated Railway Company the receipt whereof is hereby
acknowledged, do grant and convey unto the said company, and I
in consideration of dollars

paid to me by the said company, the receipt whereof is hereby acknowl-
edged, do grant and release all that certain parcel of land (describe the
land) the same having been selected and laid out by the said company
for the purposes of its railways to hold with the appgrtenances unto the
said the Toronto Elevated Railway Company their successors and assigns
forever, (her^ insert any other clauses, covenants and conditions re-
quired) and I, the wife of the said

do hereby bar my dower in the said
lands.
^ As witness my {or our) hands and seal this"| day of

one thousand nine hundred ,

Signed, sealed and delivered ')
In presence of '

\ (L. S.)

SCHEDULE B.

{Section 19.)

Chief Engineer's Certificate.

The Toronto Elevated Railway Company's Office.

Engineer's Department.

Certificate to be attached to cheques drawn on The Toronto Elevated
Railway Company Municipal Trust Account, given under section ,

chapter of the Acts of the Legislature of Ontario, passed in the

year of Her Majesty reign.

I, , Chief Engineer of the

Toronto Elevated Railway Company do hereby certify that the said
company has fulfilled the terms and conditions necessary to be fulfilled
under the By-law No. of the township of {or

under the agreement dated the day of A.D.

between the corporation of and the said company) to

entitled the said company to receive from the said trust the sum of
(here set out the terms and conditions, if any, which have
been fulfilled).

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BILL.

No. 88.] JDXlJ JJ. [1900

An Act to incorporate The Toronto Eapid Transit
Company.

WHEREAS Simeon Heman Janes, Esquire, the Honorable Preamble.
Lyman Melvin Jones,' Manager of the Massey-Harris
Company, Limited ; Sidney Finlay McKinnon, Merchant, all
of the city of Toronto, and James Alfred Lowell, of the town
5 of Niagara Falls, Gentleman, have by their petition, prayed
for an Act of incorporation for the purpose of enabling them
to construct and operate elevated railways and surface street
railways within the city of Toronto and adjoining municipali-
ties to a distance not exceeding one mile from the limits of the
IQ city of Teronto; and whereas it is expedient to grant the
prayer of the said petition.

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

15 1. The said Simeon Heman Janes, Lyman Melvin Jones, Incorporation.
Sidney Finlay McKinnon and James Alfred Lowell, together
with all such persons, firms or corporations as shall become
shareholders in the company hereby incorporated, shall be, and
are hereby constituted a body corporate and politic by the

20 name of " The Toronto Rapid Transit Company " hereinafter
called " the company," to operate (for the daily carriage of
passengers, and for the carriage of freight, express and mail
matter) surface and elevated railways, not under The Electric
Railway Act, to be operated by electric power or any other

25 motive power, with the consent as hereinafter mentioned of
the city of Toronto, and subject also to the exclusive rights of
any other company.

2. The capital stock of the company hereby incorporated Capital stock,
shall be $1,000,000 (with power to increase the same in the

30 manner provided by The Ontario Companies Act) to be
divided into 10,000 shares of $100 each.

3. The head oflSce of the company shall be in the city of Head office.
Toronto.

4. The said Simeon Heman Janes, Lyman Melvin Jones and Provisional
35 Sidney Finlay McKinnon are hereby constituted a board of directors.

provisional directors of the company.

directors.

First meeting 5. When, and SO soon as shares to the amount of $50,000 of
for election of the Capital stock of the company shall have been subscribed
the provisional directors shall call a general meeting of share-
holders of the company for the purpose of electing directors,
giving at least ten days notice in the Ontario Gazette and
in one newspaper published in the city of Toronto, of the time,
place and object of the said meeting ; and at such general
meeting the shareholders present, either in person or by proxy
shall elect not less than three nor more than nine persons to
be directors of the company.

Submitting
question to
vote of
electors.

Surface
railways.

Power of
company.

6. It shall be the duty of the city of Toronto upon the written
request of the company, to submit to a vote of the citizens of
Toronto, at the next municipal election following the said
request, the question of the expediency of operating an ele-
vated railway system in the city of Toronto, as provided for 15
by this Act, and all persons entitled to vote at such municipal
election shall be entitled to vote upon the said question so
submitted to them, and if the citizens by their vote approve of
the expediency of the operation of the said railway or a sys-
tem of railways, then the said company shall be entitled to 20
exercise the rights given to them by this Act through, over
and upon such lands, streets, avenues and public places in the
city of Toronto as may be agreed upon between the company
and the council of the city of Toronto.

7. The company shall also have power to construct, main- 25
tain and operate a system or systems of surface railways
with all necessary switches turnouts and stations in con-
nection therewith within the limits aforesaid in such place
or places and subject to such terms as may be agreed
upon between the council of the city of Toronto and the 30
company.

8. The company shall ha ve power subject as aforesaid, to
enter in over upon and under the lands, streets, avenues and
public places designated in such agreement to construct, main-
tain, operate and use in accordance with the terms of such 35
agreement a railway or railways upon the rourte or routes and

to the points agreed upon and to secure the necessary founda-
tions and to erect the columns, piers and other structures
which may be required to secure safety and stability in the
construction and maintenance of such railways and the stations 40
switches and turnouts required in connection therewith and
which may be necessary for operating the same and it
shall be lawful to make such excavations along the route
through which the railway or railways shall be constructed as
shall be necessary from time to time, but in all cases the sur- 45
face of such streets around such foundations, piers, columns
and works shall be restored, so far as may be practicable, to
the condition in which they were before such excavations were
made and under the direction of the proper municipal authori-
ties. 50

9. The company shall have power to cross, intersect, join intersection

and unite its railway or railways with any other railway or ®'®- ^^^

., J J J J other lines,

railways.

10. The company may acquire the right to convey electri- Electricity.
5 city required for the working of the railway and lighting the

same or otherwise, over, through or under lands used by the
company, and over, through and under lands other than the
right of way of the railways by this Act authorized to be
built, and to lay conduits under, or erect poles and wires on

1 0 or over such lands as may be determined by the company, and
upon and along any lands, public roads, lanes and highways
or across any of the waters in this province by the erection of
the necessary fixtures, including posts, piers or abatements for
sustaining the cords or wires of such lines, or the conduits for

15 such electricity upon and subject to such agreement in respect
thereof as shall first be made between the company and any
person or municipality in which such works or any part thereof
may be situate, and under and subject to any by-law or by-laws
of the council of such municipality passed in pursuance thereof,
provided such works are not constructed as to incomrtiode

20 unnecessarily the public use of such roads or highways.

11. The said board of provisional directors shall have power Power of
forthwith to open stock books and procure subscriptions of Directors*^
stock for the undertaking, and to allot the stock and to receive
payments on account of stock subscribed ; and to make calls

25 upon subscribers in respect to their stock, and to sue for and
recover the same ; and to cause plans and surveys to be made,
and to receive for the company any gi^ant, loan, bonus or gift
made to it or in aid of the undertaking ; and to enter into any
agreement respecting the conditions or dispositions of any gift

30 or bonus in aid of the railways; and with all such other powers
as under ihe Railway Act of Ontario, are vested in ordinary
directors. The said directors or a majority of them, or the
boai d of directors to be elected, as hereinafter mentioned, may,
in their discretion, exclude anyone from subscribing for stock,

35 who, in their judgment, would hinder, delay or prevent the
company from proceeding with and completing their under-
taking uuder the provisions of this Act, and if at any time a
portion or more than the whole stock shall have been sub-
scribed, the said provisional directors or board of directors

40 shall allocate and apportion it among the subscribers as they
shall deem most advantageous and conducive to the further-
ance of the undertaking;, and in such allocation the said
directors may in their discretion exclude any one or more of
the said subscribers, if, in their judgment, such exclusion will

45 best secure the building of the said railways; and all meetings
of the provisional board of directors shall be held at the City
of Toronto, in the County of York, or at such other place as
may best suit the interest of the company.

13. No subscription for stock in the capital of the company Subscriptions

tor BiioCK
when binding.

shall be binding on the said company unless it shall be approv-
ed by resolution of the directors.

Members of 13. At such above mentioned general meeting, the share-

quornmf ^^^ holders present either in person or by proxy, who shall at

the opening of such meeting have paid up ten per centum on 5
the stoek subscribed by them, shall elect not less than three
or more than nine persons to be directors of the said company
in manner and qualified as hereinafter mentioned, who shall
constitute a board of directors and shall hold ofiice until the
next general annual meeting and a majority of the directors 10
shall form a quorum of the board, and may pass such rules,
regulations and by-laws as may be deemed expedient and are
R. S. 0. C.207. not inconsistent with this Act or The Railway Act of Ontario;
and the said board may employ and pay one of their number
as managing director, and vacancies on the board of directors 15
may from time to time be filled as may be provided for in the
by-laws of the company.

Special
general
meeting.

14. Special general meetings of the shareholders of the
company may be held at such place and at such times and in
such manner and for such purposes as may be provided by the 20
by-laws of the company and upon such notice as is provided
in the by-laws of the company.

Qualification 15 No person shall be qualified to be elected a director by
the shareholders unless he be a shareholder, holding at least
ten shares of stock in the said company upon which all calls 25
have been paid.

Surveys.

Powers to
purchase
lands for
pleasure
grounds.

16. The company is hereby authorized and empowered to
take and make the surveys and levels of the lands through
which the said railways are to pass together with a map or
plan thereof, and of their course and direction, and of the lands 30
intended to be passed over and taken therefor, so far as then
ascertained, and also the book of reference for the railways,
and may deposit the same, as required by the clauses of The
Railway Act of Ontario, and the amendments thereto with
respect to plans and surveys. 35

1 7. The company is hereby authorized to purchase or lease
lands (and may pay for the same either in cash or in bonds,
debentures or paid up stock in the comp'eny, or partly in one
manner or partly in the other), or acquire by voluntary don-
ation or otherwise, and to hold for any estate in the same, and 40
to sell, lease, alienate or mortgage any lands or premises
intended and necessary, or suitable for park or pleasure
grounds, not exceeding 100 acres in any one municipality ; and
the said company is authorized to improve and lay out such
lands as parks or places of -public resort, and may make and 45
enter into any agreement or agreements with the municipal
corporations of the municipalities wherein the same are situate,

or any of them, in respect thereto, provided that none of the

foregoing provisions of this section shall be in force or have
effect unless or until said municipal councils of the municipal-
ity or municipalities wherein the lands proposed to be acquired
by the said company are situate shall by by-law have declared
5 its or their consent to the company acquiring lands under and
for the purposes mentioned in this section ; provided also that
nothing in this section contained shall be deemed to enable
the company to carry on the general business of a land com-
pany.

10 18. Aliens, and companies incorporated abroad, as well as Rights of
British subjects and corporations may be shareholders in the ^^^^ ^'^ ^^^^
company, and all such shareholders, whether residents in this
province or elsewhere, shall be entitled to vote on their shares
equally with British subjects and shall also be eligible for

] 5 office as directors in the company.

1.9. Whenever any of the said railways, or their cars, Construction
carriages, engines, motors or machinery is or are carried, oper- °^ "tweets, etc.
ated or worked on, over, through, under or along any street,
highway or public place of any municipality by electricity, the

20 same shall only be so carried, operated or worked upon and
subject to such agreement in respect thereof as shall first be
made between the company and the municipality under and
subject to any by-laws of the council of said municipality,
passed in pursuance thereof, and in all such cases any and

25 every work, matter or thing in connection with said electricity
and the application and user thereof in so carrying, operating
and working the said railways, or their cars, carriages, engines,
motors or machinery as aforesaid, shall be constructed, erected,
laid down and arranged as not to unnecessarily incommode

30 the public use of any such street, highway or public place.

20. It shall be lawful for the directors of the company to Agreements
enter into an agreement or agreements with any other com- ^mpanies for
pany or companies if lawfully authorized to enter into such leasing rolling
agreements or with any person or persons, for leasing, hiring ^'o^^-

35 or use of any electric motors, carriages, cars, rolling stock, and
other moveable property from such companies or persons for
such time or times and on such terms as may be agreed on,
and also to enter into agreements with any railway company
or companies if so lawfully authorized, for the use by one or

40 more of such contracting companies of the electric motors,
carriages, cars, rolling stock and other moveable property of
the other or others of them on such terms as to compensation
and otherwise as may be agreed upon and to acquire, purchase,
lease, hold and use running rights, roadbeds, plant, fixtures,

45 rights, franchises and powers of any other company or com-
panies having the like, similar or any of the powers, as the
company hereby incorporated.

21. The directors of the company shall have power to issue Power to

issue bonds.

Oalls on stock.

bonds of the company for the purpose of raising raoney for
prosecuting the said undertaking, but the whole amount of
the issue of such bonds shall not, except for the elevated por-
tions thereof, exceed in all the sum of $35,000 for each mile
of the said railways, and the provisions of snb-sections 19, 20, 5
Sfl, 22 and 21-5 of section 9 of The Railway Act of Ontario,
shall apply to all such bonds, and the issue thereof, and such
bonds shall be issued subject and according to, and in conform-
ity with the provisions of said sub-sections and the amount
for which the elevated portions thereof may be bonded shall 10
not exceed the amount which may from time to time be fixed
by the Lieutenant-Governor in Council.

33. The directors may, from time to time, make calls as
they shall think fit, provided that no call shall be made at any
one time of more than ten per centum of the amount sub- 15
scribed by each shareholder, and thirty days' notice shall be
given of each call.

Payments in
stock or bond,

Conveyances
of land to
company.

33. The said directors, or provisional directors may pay
or agree to pay, in paid-up stock or in bonds of the said com-
pany, such sums as they may deem expedient, to engineers or 20
contractors, or for right of way or material, plant, or rolling
stock, and also subject to the sanction of a vote of the share-
holders at any general meeting for the services of the pro-
moters or persons who may be employed by the directors in
the furtherance of the undertaking, or purchase of the right 25
away, or material, plant or rolling stock, whether such pro-
moters or other persons be provisional or elected directors or
not, and any agreement so made shall be binding on the
company.

34. Conveyances of land to the company for the purpose 30
of and powers given by this Act, made in the form set forth
in the Schedule A to this Act or to the like effect, shall be
sufficient conveyance to the company, their successors and
assigns of the estate or interest therein mentioned, and sufficient
bar of dower respectively of all persons executing the same ; 35
and such conveyance shall be registered in the same manner,
and upon proof of execution as is required under the registry
laws of Ontario ; and no registrar shall be entitled to demand
more than seventy -five cents for registering the same, includ-
ing all entries and certificates thereof, and the certificates 40
endorsed on the duplicates thereof.

Power to pur-
chase whole
lots,

35. Whenever it shall be necessary for the purpose of pro-
curing sufficient lands for stations, switches or turn-outs, or
for constructing, maintaining and using the said railways, and
in case by purchasing the whole of any lot or parcel of land 45
over which the railways are to run, the company can obtain
the same at a more reasonable price, or to greater advantage
than by pui chasing the railway line only, the company may

purchase, hold, use and enjoy such lands, and also the right of
way thereto, if the same be separated from their railways, and
may sell and convey the same or any part thereof from time
to time as they may deem expedient, but the compulsory
5 clauses of The Railway Act of Ontario shall not apply to this
section.

36. It shall be lawful for the corporation of any munici- By-laws
pality through any part of which the railways of the said fxemptfons.
company passes or in which it is situate, by by-law specially

10 passed for that purpose, to exempt the said company and its
property within such municipality, either in whole or in part,
from municipal assessment or taxation, or to agree to a certain
sum per annum or otherwise, in gross by way of commutation
or composition, for payment or in lieu of all or any municipal

16 rates or assessments to be imposed by such municipal corpora-
tion and for such term of years as such municipal corporation
may deem expedient, not exceeding twenty-one years, and no
such by-law shall be repealed unless in conformity with a con-
dition contained therein.

20 p .

37. The company shall have full power to purchase land ^°^®'". °°"^^'

for and erect power houses, warehouses, elevators, docks,
stations, workshops and offices, and to sell and convey such
land as may be found superfluous for any such purpose, and
the company to hold as part of the property of the said com-
25 pany as many steam or other vessels as the directors of the
company may deem requisite from time to time to facilitate
the carriage of passengers, freight and other traffic in con-
nection with the railways.

30 28. The company shall have power to collect and receive Payment of
all charges subject to which goods or commodities may come f^^ods*"^^^'
into its possession, and on payment of such back charges, and
without any formal transfer, shall have the same lien for the
amount thereof as the person to whom such charges were
originally due, and shall be subrogated by such payment in all

35 the rigots and remedies of such persons for such charges.

39. The directors of the company may enter into a contract ^f'{ine™*'*'°°
or contracts with any individual, corporation or association
of individuals for the construction or equipment of the line, or
any part thereof, including or excluding the purchase of right
40 of way, and may pay therefor either in the whole or in part,
either in cash or bonds, or in paid up stock ; provided that no
such contract shall be of any force or validity till approved of
by two-thirds of the shareholders present in person or by
proxy at a meeting specially convened for considering the same.

45 30. The several clauses of the Eailway Act of Ontario, R-SO-. c. 207.
numbers 8 to 20 and 31 to 39, all inclusive, shall be incorpor-
ated with and be deemed to be part of this Act, and shall apply
to the company and to the railways to be constructed by them

except only so far as they may be inconsistent with the
express enactments thereof ; and the expression " this Act "
when used herein, shall be understood to include the clauses
of the said Railway Act and of every Act in amendment
thereof so incorporated with this Act. 5

Damages to 3 J 'pjjg claims of propertv owners for pecuniary damages

be ascertained . . „ i- • -• -^ "i a •■, ^ j. i, j j

by arbitration, arising irom diminution m value or the property bounded on

that portion of street or streets, highway or highways upon
which an elevated railway is constructed shall be referred for
ascertainment and determination to the official arbitrator, 10
R. S. 0. c. 62. appointed under Cap. 227 R. S. O. 1897, and the said reference
shall be subject to The Arbitration Act, so far as not inconsis-
tent herewith, and in determining such pecuniary damages the
official arbitrator shall make allowance for any and all bene-
fits that shall haveaccrued, or may thereafter accrue to such 15
property, or any parcel thereof, by reason of the construction
and operation of the said railway, but the said company shall
not be liable for the construction, maintenance or operation
of surface railways.

SCHEDULE A.

(Sections?.)

Know all men by these present that in

consideration of dollars paid to me

by The Toronto Rapid Transit Company the receipt whereof is hereby
acknowledged, do grant and convey unto the said company, and I

in consideration of dollars

paid to me by the said company, the receipt whereof is hereby acknowl-
edged, do grant and release all that certain parcel of land (describe the
land) the same having been selected and laid out by the said company
for the purposes of its railways to hold with the appurtenances unto
the said The Toronto Rapid Transit Company, their successors and as-
signs forever, (here insert any other clauses, covenants and conditions
required) and I, the wife of the said

do hereby bar my dower in the said
lands.

Witness my (or our) hands and seal this day of

one thousand nine hundred
Signed, sealed and delivered "j

In presence of I

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No. 89.] "DTT T [190^

BILL.

An Act to authorize William Eoger Pringle to prac-
tise medicine surgery and midwifery in the Pro-
vince of Ontario.

WHEREAS William Roger Pringle of Port Arthur, in the Preamble,
district of Thunder Bay, in the Province of Ontario,
hath by his petition set forth that he graduated from McGill
College, in the city of Montreal, in the Province of Quebec,
5 with the degrees of doctor of medicine and master in surgery
in the spring of the year 1886 : and that he has ever since so
graduating, practised medicine, surgery and midwifery in the
portion of said district known as the disputed territory, as the
assistant of G.P. Gird wood M.D., CM., L.R.C.P. Lon. etc. and a

10 member of the College of Physicians and Surgeons of Ontario ;
and that in such practise he has had the practise and experience
he would have had, had he been a member of The College of
Physicians and Surgeons of Ontario practising in any of the
towns in the central counties of Ontario , and has prayed that

15 an act may be passed authorizing him to practise medicine,
surgery and midwifery without incurring any liability, under
the penal clauses of The Ontario Medical Act ; and authorizing
The Ontario College of Physicians and Surgeons, and the
council thereof, to admit him to practise as a physician, surgeon •

20 anrl midwife in the Province of Ontario without passing the
prescribed examination upon his paying the requisite fees in
that behalf ; and whereas it is expedient to grant the prayer
of the said petition.

Therefore Her Majesty, by and with the advice and consent Authority to
25 of the Legislative Assembly of the Province of Ontario enacts medicine
as follows : —

1. The said William Roger Pringle is hereby authorized to
practise medicine, surgery and nddwifery in the Province of
Ontario, without incurring any liabilities under the penal

30 clauses of The Ontario Medical Act.

2. The College of Physicians and Surgeons of Ontario and Admission
the cuuncil thereof, shall admit the said William Roger Pringle Examination
to practise as a physician, surgeon and midwife in the Province

of Ontario, without passing the prescribed examination, upon
35 his paying the requisite fees in that behalf any law or usuage
to the contrary notwithstanding.

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No. 90.] OTT T [1900.

BILL.

An Act for the Prevention and Destruction of cer-
tain Noxious Insects.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. This Act shall be known as The Noxious Insects Act. Short title.

,5 2i. The following provisions of this Act shall corns into Adoption
force and take effect as to every municipality the council of '^ ^^^_ ^y
* which shall by by-law declare this Act to be in force therein.
The council may at any time repeal such by-law, and there-
after this Act and any regulations made thereunder shall
10 cease to apply or be in force as to such municipality.

3. Upon the recommendation of the Minister of Agriculture Rej?ulations
the Lieutenant- Governor-in-Council may make such regula- oTinsect"?''""
tions for the prevention and destruction of insects injurious

to trees, shrubs and other plants as may be deemed advisable.
15 Such regulations shall come into effect and have the force of
law after publication in two successive issues of The Ontario
Gazette.

4. Every municipal council adopting this Act shall in and Appoinfment
by the by-law adopting the same appoint one or more inspect- "^ inspectors.

20 ors whose duties it shall be to inspect all orchards and to
enforce the provisions of this Act and the regulations made
thereunder, and to report upon the same to the council.

5. In case the occupant or the owner of any lot neglects or Municipality
refuses to comply with this Act or with any regulations ™^y charge

ijiT n 1 owner with

25 made thereunder, the Inspector may cause the necessary work work done,
to be done, and the cost thereof shall be entered upon the col-
lector's roll against such owner and shall be collected in the
same manner as other taxes.

6. Immediately upon the passing of a by-law by any muni- Notice to be
30 cipal council for bringing this Act into force, the said council owner!°when

shall cause to be delivered to the occupant or owner of every Act adopted,
lot affected, a printed copy of this Act and of the regulations
made thereunder, together with a copy of the by-law and the
name and address of the Inspector appointed to enforce the
35 Act.

Penalty for 7 The owner or occupant of any lot refusing to comply

^o^ation o ^.^j^ ^-^^ provisions of this Act, or of any regulations
made thereunder, and any person interfering with the
Inspector, or attempting to hinder or prevent him in the en-
forcing of tliis Act, shall, upon conviction thereof, before any 5
of Her Majesty's Justices of the Peace, be subject to a fine of
not less than nor more than $ , and in

default of payment of the same to be imprisoned in the
common jail for the period of not less than days, nor '

more than days.

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No. 90.] nXT T [1900.

BILL.

An Act for the Prevention and Destruction of cer-
tain Noxious Insects.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. This Act shall be known as The Noxious Insects Act. Short title.

3. The following provisions of this Act shall come into Adoption
force and take effect as to every muuicipality the council of 9^ -^^^ ^^
which shall by by-law declare this Act to be in force therein.
The council may at any time repeal such by-law, and there-
after this Act and any regulations made thereunder shall
cease to apply or be in force as to such municipality.

3. Upon the recommendation of the Minister of Agriculture Regulations
the Lieutenant-Governor-in-Council may make such regula- of'^iifge'cts"*"""
tions for the prevention and destruction of insects injurious
to trees, shrubs and other plants as may be deemed advisable.
Such regulations shall come into effect and have the force of
law after publication in two successive issues of The Ontario
Gazette.

4. Every municipal council adopting this Act shall in and Appointment
by the by-law adopting the same appoint one or more inspect- °* inspectors,
ors whose duties it shall be to inspect all orchards and to

enforce the provisions of this Act and the regulations made
thereunder, and to report upon the same to the council.

5. In case the occupant or the owner of any lot neglects or Municipality

refuses to comply with this Act or with any regulations ™*y charge

■*• »/ o own6r witri

made thereunder, the Inspector may cause the necessary work work done.

to be done, ^and sliall within ten days make a report in writ-
ing to the Council stating the amount of the cost thereof and
the Council may thereupon direct that this amount or such
part thereof as may appear to them equitable,"^ shall be
entered upon the collector's roll against such owner and shall
be collected in the same manner as other taxes.

6. Immediately upon the passing of a by-law by any muni- Notice to be
cipal council for bringing this Act into force, the said council ^ners*when
shall cause to be delivered to the occupant or owner of every Act adopted,
lot affected, a printed copy of this Act and of the regulations

made thereunder, together with a copy of the by-law and the
name and address of the Inspector appointed to enforce the
Act.

Penalty for 'Tt . Any person interfering with the Inspector, or attempting

\ioktionof ^Q hinder or prevent him in the enforcing of this Act, shall,
upon conviction thereof, before any of Her Majesty's Jus-
tices of the Peace, be subject to a fine of not less than one
dollar ($1) nor more than ($20) twenty, and in default of pay-
ment of the same to be imprisoned in the common jail for the
period of not less than ten days, nor more than twenty days.

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No. 91.] "RTT.T. [1900.

BILL.

An Act to amend The San Jose Scale Act.

HER MAJESTY, by aud with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. This Act may be cited as The San Jose Scale Act, 1900- short title.

5 2. Notwithstanding anything contained in The San Jose Spraying,
Scale Act, and the amendments thereto, the Lieutenant- ^""iisation,
(jrovernor m Council may, upon the recommendation oi the of burning.
Minister of Agriculture, adopt regulations for the treatment of
infested plants by spraying, washing or fumigation. These

10 regulations shall be published in two successive issues of the
Ontario Gazette, and such treatment may be allowed or autho-
rized in the manner prescribed in the said regulations in place
of or prior to the destruction by burning as provided for in
section 7 of the said Act ; and in all cases where such

15 treatment is authorized or ordered and the owner refuses to
carry out the same, destruction by burning shall be carried
out without compensation.

3. This Act shall be rQ,ad with and as part of The San Act to be read

~ ■ with 61 V

33 and 62
(2), c. 35.

Jose Scale Act, 1898. ^^^^ 6i V

33 and 62 V .

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^°- ''^ BILL. f^'""

An Act to amend the Pharmacy Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Section 9 of The Pharmacy Act is hereby amended by Rev. Stat.
5 striking out the word " Tuesday" wherever it appears therein amended ^'
and by inserting in lieu thereof the word " Monday." Half yearly

meetings of

2. — (1) Section 13 of the said Act is hereby repealed and ^°""°^ '

the followinor section is substituted therefor : Rev. Stat.

" _ , c. 179, 8. 13

(13) — (1) Every person who may be desirous of becoming repealed.

10 apprenticed to a regularly qualified pharmaceutical chemist Matriculation
shall, before the term of his apprenticeship begins, send to the requirements
registrar of the college the sum of $1.00 together with a certifi-
cate of the education department of Ontario or other evidence
satisfactory to the council, showing that the applicant had

15 previously passed an examination as required for university
matriculation on the following subjects — arithmetic, algebra,
history of Great Britain and Canada, English grammar, com-
position and Latin.

(2) The council of the college shall have power to make Power to
20 such changes in the subjects referred to in the last preceding ricvdumTs'to

sub-section as they may deem necessary from time to time in matriculation,
order to comply with the requirements of the education depart-
ment of Ontario with reference to university matriculation.

(3) This section shall not apply to matriculants in arts or Exception as
25 medicine in any British or Colonialuniversity, or college,'or the ** f£?i*''***°°

holders of senior leaving or junior leaving certificates issued
by the education department of Ontario, or to persons who pro-
duce evidence of having passed an examination at least equal in
point of standard to that of the latter.

30 (4) This shall not come into force until the first day of Janu- When section

• j-u e r 1 -iHAi to come into

ary, in the year oi our Lord, lyOl. force.

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No. 93] "RTTT. [i9«o

BILL

An Act to amend The Act to establish T"orest Eeserves.

HER MAJESTY,. by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 3 of The Forest Reserves Act is repealed and the 61 V. c. lO, s.
5 following substituted therefor : — 3, repealed.

3. From and after the date of such proclamation no lands Lands re-
within the boundaries of such reserves shall be located, sold, be'lo^ated *°
leased or otherwise disposed of for purposes of agricultural sold, etc. '
settlement, and, except under regulations to be established by
10 the Lieutenant-Governor in Council, no person shall use or
occupy any such lands, prospect for minerals, conduct mining
operations, hunt, fish, shoot, trap, spear or carry or use firearms
qr explosives within or upon such reserves.

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^° ''-^ BILL.

[1900.

An Act to amend the Act respecting Land Surveyors.

HER Majesty, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Section 28 of The Ontario Land Surveyors' Act is Rev. Stat,
aended by inserting after the word "engineering," at the c 1 80, 8.2;
end of the fifth line thereof the words, " or the School of Min-

ing, Kingston, in civil engineering or in mining engineering." term oilp-

prenticeship.

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No. 95.] T^TT T [1^^^-

BILL.

An Act to amend the Act to preserve the Forests
from destruction by Fire.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. The Act to preserve the Forests from destruction hy Fire ^®^- Stat., c.
5 is amended by inserting therein the following sections :

12a. For the more effectual prevention or suppression of fires Appointment
on the lands of the Crown not under timber license or other iand°nor °^
form of authority to cut and remove the timber therefrom, under license,
the Commissioner of Crown Lands may appoint such number
10 of persons as he may see tit, to be called fire rangers, who shall
be subject to his instructions, and the said Commissioner may
pay them for their services out of any moneys voted by the
Legislative Assembly therefor.

156. Where Crown lands are under timber license or other Appointment

15 form of authority to cut and remove the timber therefrom, j^^nds^under *^
the said Commissioner may appoint such number of fire rangers license,
as the timber licensee or holder of such other form of author-
ity may request, and in the absence of such request where in
the opinion of the said Commissioner such appointment is

20 necessary in the public interest and for the carrying out of the
purposes of this Act, the said Commissioner may appoint
such number of fire rangers as he may see fit ; and in such
cases one-half of the remuneration to be paid such fire
rangers and one-half of the* expenses necessarily incurred by

25 them in the performance of their duties shall he payable by
the licensee or holder of authority as aforesaid, and one-half by
the said Commissioner out of moneys voted by the Legislative
Asssembly for the purpose ; or the said Commissioner may pay
the whole amount of such remuneration and expenses, and may

30 charge the timber licensee or holder of authority as aforesaid
with one-half the said amount, which shall be and remain a
charge on the timber limit or other area covered by said
authority until paid, as fully and effectually as if the same
were for unpaid timber dues or ground rent, and in respect of

35 the recovery thereof the said Commissioner shall have all the
rights, powers and authority now possessed by him for the

When license-
holder re-
quests ap-
pointment of
rangers.

recovery of unpaid timber dues or ground rent under the
Crown Timber Regulations or otherwise.

15c. Where a timber licensee or holder of other authority as
aforesaid is desirous of having fire rangers appointed he shall
submit to the said Commissioner a list of persons for such ap-
pointment, and should any of such persons in the opinion of
the said Commissioner be unfit for the duties of fire ranger, he
may refuse to appoint them, or after appointment may dis-
charge them, and may substitute suitable and qualified persons
in their place.

Duties of fire
rangers.

J5d It shall be the duty of all fire rangers appointed under
this Act to enforce the provisions and requirements of the same,
and in all cases coming within their knowledge to prosecute
every person found guilty of a breach thereof. They shall
have power in cases of danger or emergency to summon such
help or assistance for the prevention or suppression of fire as
they may deem necessary, and all persons so summoned and
helping or assisting shall receive such remuneration for their
services as the fire ranger or rangers summoning them may deem
pioper, having regard to the current rate of wages for the same
or similar work and subject to the approval of the said Com-
missioner; and all expenses so incurred and approved shall be
deemed to have been necessarily incurred under this Act, and
shall be payable in the manner and by the persons herein pro-
vided. The said fire rangers shall perform such other duties,
receive such wages and be subject to such conditions as may
be provided by regulations to be made hereunder by the Lieu-
tenant-Governor in Council.

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No. 96.] "DTT T [1900

BILL.

An Act to amend The Algonquin National Park Act.

HER MAJESTY, by and with the advice and consent of '
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Sub-section 1 of section 13 of The Algonquin National Rev. Stat.
bPark Act (R. S. 0. 1897, chap. 46), is hereby amended by g^bs;!' ^^'
inserting after the word " pine " in the second Hne thereof the amended,
words " spruce, hemlock, black and yellow birch, cedar, black
ash and tamarack," and by striking out the word " pine " in
the ninth line thereof and substituting the word "said " in lieu
thereof ; and also by adding the following words at the end of
10 the said sub-section ; " provided that all interest or claim of Interests un-
the holders or owners of timber licenses and the renewals of der Licenses
such licenses heretofore or hereafter issued in or to any kind other than
of timber whatsoever in the said park except pine timber shall p'°® *°? "■®'

hbv^taIb tio

on and after the expiry of thirty years from the 30th day of cease after
15 April, A.D. 1900, forever cease and determine, and all the said ^^^^-^p"^*
timber except pine timber shall be and become the property of
Her Majesty freed and discharged of and from any interest,
charge or claim of the said holders or owners of timber licenses
or any persons claiming through or under them, or any of
them, or any other person whomsoever : but nothing in this
20 section contained shall authorize the cutting of any timber
except pine by the holders or owners of timber licenses in the
said park issued for timber berths at the sale of which by the
Crown the right to cut pine timber only was sold."

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No 97.] -OTT J . [1900

An Act respecting the Manufacture of Spruce and
other Pulp Wood cut on the Crown Domain.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. All sales of timber limits or berths by the Commissioner Salesof tim-
5 of Crown Lands which shall hereafter be made and which ber berths and

shall convey the right to cut and remove spruce or other soft to bTsubject**
wood, trees or timber, other than pine, suitable for manufac- to manufac-
turing pulp or paper, and all licenses or permits to cut such *|"[^°^ °°°"
timber on the limits and berths so sold, arid all agreements

XO entered into or other authority conferred by the said Com-
sfioner by virtue of which such timber may be cut upon lands
of the Crown, shall be so made, issued or granted subject to
the condition set out in the first regulation of Schedule A of
this Act, and it shall be sufficient if such condition be cited as

15 " The Manufacturing Condition " in all notices, licenses, per-
mits, agreements or other writing.

2. The regulations set out in Schedule A of this Act are Manufactur-
hereby approved and confirmed and declared to be legal and ing regula-
valid to the same extent as if the said regulations had been fi°^e|.°"

20 enacted by the Legislature of Ontario, and the same shall
apply to all licenses or permits hereafter issued, whether for
the first time or in renewal of licenses or permits heretofore
issued or granted.

3. The Lieutenant-Governor in Council may make any

25 further or additional regulations necessary to enable the Com- lations.
missioner of Crown Lands to carry into effect the object and
intent of the regulations contained in Schedule A.

4. Section 1 of this Act shall come into force on the passing Oommence-
hereof, and the other parts of this Act shall come into force on mcnt of Act.

30 the 29th day of April, 1900.

SCHEDULE A.

1. Every license or permit conferring authority to cut spruce or other

soft wood, trees or timber, not being pine, suitable for manufacturing
pulp or paper, on the ungranted lands of the Crown, or to cut such timber
reserved to the Crown on lands leased or otherwise disposed of by the
Crown, which shall be issued on or after the 30th day of April, 190O.
-shall contain and be subject to the condition that all such timber cut
under the authority or permission of such license or permit shall, except
as hereinafter provided, be manufactured in Canada, that is to say, into
merchantable jtulp or paper, or into sawn lumber, woodenware, utensils,
or other articles of commerce or merchandise as distinguished from the
said spruce or other timber in its raw or unmanufactured state ; and such
condition phall be kept and observed by the holder or holders of any such
license or permit who shall cut or cause to be cut spruce or other soft
wood, trees or timber, not being pine, suitable for manufacturing pulp or
paper, under the authority thereof, and by any other person or persons
who shall cut or cause to be cut any of such wood, trees or timber, under
the authority thereof, and all such wood, trees or timber, cut
into logs or lengths or otherwise, shall be manufactured in Canada as
aforesaid. It is hereby declared that the cutting of spruce or other soft
wood, trees or timber, not being pine, suitable for manfuacturing pulp or
paper, into cord wood or oi her lengths, is not manufacturing the same
within the meaning of this regulation

2. Should any holder of a timber license or permit, or any servant or
agent of such holder, or any person acting for him, or under his authority
or permission, violate or refuse to keep and observe the condition men-
tioned in the preceding regulation, then and in such case the license or
permit to cut spruce or other soft wood, trees or timber, not being pine,
on the berth, territory, lot or lots included in the license or permit, and
on which or on any part of which such timber was cut, and in respect of
which or any part of which there was a breach of such regulation or a
refusal to observe or keep the same, shall be suspended and held in
abeyance, and shall not be re-issued, nor shall a new license or permit
issue unless and until so directed by the Lieutenant-Governor-in Council,
and then only upon such terms and conditions as the Lieutenant-
Governor-in-Council may impose.

3. The Commissioner of Crown Lands, his officers, servants and agents
may do all things necessary to prevent a breach of the aforesaid condition
or regulation and to secure compliance therewith, and may for such pur-
pose, take, seize, hold and detain all logs, timber or wood so cut as afore-
said, and which it is made to appear to the Commissioner of Crown Lands
it is not the intention of the licensee, owner or holder, or person in
possession of to manufacture, or cause to be manufactured as aforesaid in
Canada, or to dispose of to others who will have the same so manufac-
tured in Cana'la, until security shall be given to Her Majesty satisfactory
to the Commissioner that the said condition will be kept and observed,
and that such logs, timber or wood will be manufactured in Canada as
aforesaid ; anl in the event of the refusal on the part of the licensee,
owner or holder, or person in possession of such logs, timber or wood, to
give such security within four weeks after notice of such seizure and
demand of security by i r on behalf of the Commissioner, then the Com-
missioner may sell or cause to be sold such logs, timber or wood by public
auction after due advertisement to some person or persons who will give
such security to Her Majesty as the Commissioner may require that such
logs, timber or wood, shall be manufactured in Canada. The proceeds of
such logs, timber or wood shall, after such sale and after deduct-
ing all expenses of such seizure and sale, and any sum due and
owing to Her Majesty for or in respect of any timber dues, trespass dues,
ground rent, or on account of the purchase of any timber or timber bf^rtha
by the owner, licensee or holder of a permit oi other person who has cut,
or caused to be cut such logs, timber or wood, or who is the owner or
holder of the same, be paid over to the person entitled to the same.

4. Provided, nevertheless, that nothing in the preceding regulations
which requires spruce or other timber, not being pine, suitable for manu-

acturing pulp or paper, to be manufactured in Canada as aforesaid, shall
pply to logs, timber or wood cut and in use in Canada for fuel, building

or other purposes for which logs, timber or wood in the unmanufactured
state are or may be used.

5. Provided, further, that these regulations shall not apply to the east
half of the township of Aweres, in the District of Algoma, containing
18^ square miles.

6. The foregoing regulations shall not come into force unless and until
they shall be approved by an Act of the Legislature.

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No. 98.] -RTT T . [1900.

BILL

An Act to amend the Loan Corporations Act.

ER MAJESTY by and with the advice and consent of the
Legislative Assembly enacts as follows :

1. This Act shall be read as one with The Loan Corpora- This Act to
tions Act, Chapter 205 of the Revised Statutes, 1897. Rev?*stlt'*^

c. 205.
5 2. — (1) In loan corporations incorporated after the first day ap stock and
of March, 1900, under or by virtue of any Act of the Province, shares in new
all stock and shares shall be fixed, permanent, and non-with- to'be ifer-*'"*
drawable. manent.

. . . Terminating

(2) No registered loan corporation, not having, prior to the shares not to
10 first day of March, 1900, issued terminating stock or shares, ^here^not
shall have authority to make or issue such stock or shares. issued prior

to 1st March,
1900

3, After the thirtieth day of June, 1900, no loan cor- jr ,"
poration whatsoever not then standing registered under poration not
The Loan Corporations Act shall be granted registry if the '^fi^'^*?'®^*",
1.5 stock or shares of the said corporation consist of or include any^part^of
terminating stock or shares. its stock or

^ shares is

terminating.

4. — (1) The directors of any loan corporation incorporated
by or under the law of Upper Canada or of Ontario and stand- permanent
ing registered under The Loan Corporations Act, may, at any capital stock.

20 time after ninety per centum of the permanent capital stock
of the company has been subscribed and ninety per centum
thereof paid in, but not sooner, by by-law passed and con-
firmed as hereinafter enacted provide for the increase of the
permanent capital stock to any amount which the directors

25 may consider requisite. [Gf. 62 3 V. c. 41 (D) s. 33.]

(2). The directors of any such loan corporation as in the last Decrease of
subsection mentioned may at any time by by-law provide for permanent
the decrease of the permanent capital stock to any amount,
not being less than one hundred thousand dollars, as they may

30 consider suflBcient. Such by-law shall declare the number and
par value of the shares of the stock so decreased and the allot-
ment thereof, or the rule or rules by which the same is to be
made. The liability of shareholders to persons who, at the
time the stock is decreased, are creditors of the corporation,

35 shall remain as though the stock had not beeh decreased or
altered. [Gf, 62-3 V. c. 41 (D) s. 34.]

Conversion (3) The directors of any such loan corporation as in sub-

shM-es'into*'^ section 1 of this section mentioned may pass a by-law provid-
fuliy-paid ing upon terms therein stated for the conversion of partly
shares. paid-up shares into fully paid-up shares of its permanent capital

stock ; but the liability of shareholders to persons who, at the 5
time the shares are so converted, are creditors of the corpora-
tion, shall remain as though the shares had not been converted.
[Of 62-3 V. c. 41 (D) 8. 40 and s. 41.]

Such by-laws (4) No by-law for, or having the effect of, increasing or
relating to decreasing the permanent capital stock or shares of the cor- lO
to°be confi*m^ poration, whether such stock or shares are subscribed or issued,
ed by Order- or ncft,or for, or having the effect of, sub-dividing such shares or
in-Counci . altering the par value of such shares, or altering the liability
of any holder of such stock or shares, or converting partly
paid-up shares into fully paid-up shares, shall have any force X5
or validity unless and until such by-law has been duly adopted
and ratified by a vote of shareholders present or represented by
proxy at a general meeting of the corporation duly called for
considering the by-law, and holding not less than two-thirds
of the issued capital stock of the corporation represented at 20
such meeting, and has afterwards been confirmed by an order
of the Lieutenant-Governor-in-Council ; and the Lieutenant-
Governor-in-Council is hereby authorized in his discretion to
grant such confirmation, if he is satisfied of the bona fide
character of the changes provided for in the by-law, unless it 25
should appear that the confirmation of the by- law would not
be in the public interest. Provided always that, with the
consent of the corporation, evidenced by a resolution of the
board of directors, the changes provided for in the by-law may
be varied or amended by the confirming order-in-council, and 30
maybe made subject to such conditions as the Lieutenant-
Governor-in-Council may think proper. [Cf. 62-3 V. c. 41,
sees. 35, 36, 41.]

Rev. Stat., c. 5. — (1) All the words of sub-section 1 of section 17 of The
amended^^ '^^ XoftJi Corporations Act down to and including the word 35
" itself " in the thirteenth line, are struck out and the following
. words are substituted in lieu thereof :

Lending " (1) A registered loan corporation shall have power to lend

powers. money on the security of, or to purchase or invest in, —

" (a) Mortgages or hypothecs upon freehold or leasehold real 40
estate, or other immovables ;

" (6) The public securities of Canada, or of any of the present
or future Provinces thereof, or terminating debentures ol any
municipal or public school corporation, or terminating deben-
tures of any society or company incorporated under the Revised 45
Statutes respecting building societies ; or terminating deben-
tures of any society or company in which under the law of
the Province trustees may invest trust funds ;

10 former, present or future Province of Canada ; or fully paid-up
stock of any chartered bank of Canada, but so that the
aggregate of all the bank stocks held by the loan corporation
at any time shall not exceed one-fifth of the paid-up capital
of the loan corporation ; and so that the loan or loans upon

15 the security of, or the purchase or investment in the debentures
of any of the companies mentioned in this present clause
lettered (c), shall not in the aggregate exceed one-fifth of the
paid-up capital of such company."

[Gf. Dominion special Acts: (e.g. Central Canada 61 V. c. 97,

20 s- 9 ; Huron and Erie 62-3 V. c. 115, s. 2 ; Canada Permanent
62-3 V. c. 101, s. 6, etc., etc.]

(2) In the case of any loan corporation whose capital stock Loans on
consists of or includes terminating shares, the corporation may ghare"**'"'^
lend on the security of the terminating shares of the cor-
25 poration itself.

(8) Subsection 5 of section 17 of The Loan Corporations Rev. Stat.
Act is amended by inserting after the word " business " in the ?[^^^' ^'P^
third line the following words : — " Or is acquired or held for
the bona fide purpose of building upon or improving the same";
30 and the said subsection is further amended by substituting
"$50,000" for "$20,000" wherever the latter "sum occurs in
the said subsection.

6. Subsection 4 of section 30 of The Loan Corporations Rev. Stat.
Act is amended by striking out in the eighth line the word c. 205, s. 30

35 " thrice " and by substituting therefor the words " four times." ^ *'"®°
[Gf. Dominion Act, 62-3 V. c. 41, s. 21.]

7. Section 46 of The Loan Corporations Act is hereby re- ^^^^ st^t.

pealed, and the following section is substituted in lieu thereof: c. 205, s. 46,

repealed and

" 46. — (1) Notwithstanding anything contained in The Reg- "^^^^^Jj"^
40 istry Act, or in any other Act of the Province, it shall be
sufficient once for all to register a certified copy of the Certifi-
cate mentioned in section 45 on the General Register of each
Registry Division in which instruments affecting lands or
interests in laud, included or intended to be included in such
45 transfer or amalgamation as mentioned in sections 44 and 45
are registered, and the fee payable for the registration thereof
shall be one dollar. Any document under the hand, or pur-
porting to be under the hand, of the Corporations Registrar or
Registrar of Loan Corporations certifying such document to be

Rev. Stat,
c. 205, 8. 79
amended.

Rev. Stat,
c. 205,
8. 108 (3)
amended .

or to contain a true copy of the Certificate mentioned in sec-
tion 45 or of any instrument referred to in the said Certificate,
shall be registered by the Registrar of any Registry Division
to whom the same is tendered for registration.

" (2) Notwithstanding anything contained in The Registry 5
Act or in The Land Titles Act, or in any other Act of the Pro-
vince, the Registrars of the several Registry Divisions and the
Master of Titles, and Local Masters of Titles are hereby
authorized and directed to receive, accept and recognize the
certified copy in the next preceding subsection mentioned as 10
a grant, conveyance, transfer and assignment of any lands
or of any interest in land, or of any mortgage or incum-
brance, or of any property of any description, or of any
instrument respectively, included or intended to be included in
such transfer or amalgamation as mentioned in sections 44 15
and 45. The fee payable to the Master of Titles or the
Local Master of Titles, as the case may be, upon the tender
of such certified copy shall be one dollar."

(3) This section shall extend to any such certificate or certi-
fied copy issued or preporting to have been issued under The 20
Loan G or palpations Act since the passing thereof.

8. Section 79 of The Loan Corporations Act is amended by
striking out in the sixth line the word " three," and by sub-
stituting the word "five" in lieu thereof; and is further
amended by striking out in the ninth line the word "four," and 25
by substituting the word " six " in lieu thereof.

9. Section 108 of The Loan Corporations Act is amended
by adding at the end of subsection 9 the following words ; —
" This section shall have eff"ect notwithstanding any Act of
the Province." 30

A corpora- 1^- Upon petition of any corporation standing registered

tion may upon under The Loan Corporations Act, the Lieutenant-Governor-

broughb with- in-Council may, by Letters Patent under the Great Seal, extend

in provisions and make applicable to the corporation in respect of its busi-

appHcaWe*'^*^ ness in the Province any provision or provisions of the said 35

Act which would or might not otherwise so extend or apply.

Until the said Letters Patent are amended or revoked, the

corporation shall thereafter, in respect of sirch business, be

entitled to all rights and remedies conferred, and be subject to

all duties and liabilities imposed by the said provision or pro- 40

visions.

Rev. Stat,
c. 205, 8. 117
(2) amended

Penalty for
using certain
words in name
of company
while
unregistered.

11. Subsection 2 of section 117 of The Loan Corporations
Act is amended by adding thereafter clause (a) as follows : —

(a) Any person, partnership, organization, society, asso-
ciation, company or corporation, not being a cor- 45
poration registered under this Act or under
The Ontario Insurance Act, that assumes or uses

in the Province a name which includes any of
the words 'Loan," "Mortgage," "Trust," "Trusts,"
" Investment." or " Guarantee " in combination or
connection with any of the words " Corporation."
0 " Company," " Association" or "Society," or in com-

bination or connection with any similar collective
term shall be guilty of an offence against subsec-
tion 1 of this section ; and any person acting in
behalf of such person, partnership, organization,

10 society, association, company or corporation shall

be guilty of an offence against subsection 2 of this
section, and upon conviction thereof shall be liable
as in the said subsection 2 enacted ; and subsec-
tions 3, 4, 5 and 6 of this section shall apply. This

1 5 provision shall take effect on, from and after the .

first day of July, A. D. 1900. Provided that, where
any of the said combinations of words formed part
of the corporate name of any corporation thereto-
fore duly incorporated by or under the authority of

20 an Act of the Province or of the Parliament of

Canada, the said combination may continue to be
used in the Province as part of the said corporate
name.

13. Clauses 13 and 14 of section 120 of The Loan Cor- Rev, Stat.
25 porations Act are amended by striking out these words °* ^^^' *: ^^>
" increase or decrease of capital stock- " wherever the said
words occur, and by substituting therefor these words
" increase, decrease, or alteration of capital stock or shares,
or declaration or alteration of powers."

13. Section 119 of The Loan Corporations Act is amended Rev Stat.
30 ijy adding thereto subsections 2 to 1 0 inclusive as follows : — ^- ^^\ ^- ^^^

"(2) A list or notice published in the Ontario Gazette over the Effect of
name of the Regi-^trar shall, without further proof, be received Q^'^ett'"
in any Court and before all Justices of the Peace and others
or as 'prima facie evidence of the facts set forth in such published
list or notice.

" (3) All copies of returns, reports or other official publica- Official public-
tions of the Registrar purporting to be printed by the Printer g*j°["* *° ^®
to the Crown, or the Printer to the Legislative Assembly, or
40 to be printed by order of the Legislative Assembly, shall with-
out further proof, be admitted as evidence of such publication
and printing, and as true copies of the original documents
delivered to be printed and published.

" (4) The seal or signature of the Registrar shall be admiss- Rej^istrar's
45 ible in evidence without proof of its authenticity ; or of the sealorsigna-
official character of the person signing. *"'"®'

" (5) A certificate under the hand of the Registrar and the certificate as
seal of his office, that on a stated day the corporation men- to facts.

tioned therein stood registered, or did not stand. registered
or that the registry of any corporation was originally granted,
or was renewed, or was suspended, or was revived, or ^as
revoked, or was cancelled, on a stated day, shall be prima facie
evidence in any Court or elsewhere of the facts alleged in the 5
certificate.

Commence- " (^) Everj'^ certificate of registry granted under this Act

mentandend shall specify the first day, and also the last day of the term
of certificate, ^^j, which the corporation is registered ; and the corporation

so registered shall be deemed to be registered from the com- 10
mencement of the first day to the end of the last day so
specified.

. " (7^ Copies of, or extracts from, any book, record, instru-

extracta from uient or document in the office of the Registrar or any official
official docu- instrument or document issued by virtue of this Act shall if 15
certified by him to be true copies or extracts and sealed with
the seal of his office, be held as authentic, and shall be prima,
facie evidence of the same legal effect as the original in any
court or elsewhere.

" (8) For the purposes of this section, Registrar shall include 20
the Deputy or Assistant Registrar.

Certificates of " (^) ^" ^^^ ^^^^ ^^ ^^J document for purposes of this Act
ABsistant filed or required to be filed in the office of the Provincial
ReffUtrar' Registrar, a certificate of filing shall be prima facie evidence

of the filing if signed or purporting to be signed by the Deputy 25
or Assistant Provincial Registrar, or by the acting Deputy or
Assistant.

Book9 etc. of " (1^) "The books, accounts and documents of a loan corpor-
corporation to ation and entiies in the books of its officers shall be prima,
be evidence. foQi^ evidence of the matters to which the entries relate as ;:{()

against the corporation or as between shareholders or alleged

shareholders thereof."

Inconsistent 1"^- ^^ ^^^^ ^"^ parts of Acts inconsistent with this Act
Acts and are, to the extent of such inconsistency, repealed.

parts of Acts
repealed. ,

Interpretation

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No. 98,] "RTT.l. ■ [1900-

BILL

An Act to amend The Loan Corporations Act.

HER MAJESTY by and with the advice and consent of the
Legislative Assembly enacts as follows :

1. This Act shall be read as one with The Loan Corpora- This Act to
tions Act, Chapter 205 of the Revised Statutes, 1897. Rev?"stlt!'^

c. 205.

*Z. — (1) In loan corporations incorporated after the seveii- ^ii stock and
teenth day of March, 1900, under or by virtue of any Act of the shares in new
Province, all stock and shares shall be fixed, permanent, and to'be'p*er-*'"*
non-withdrawable. manent.

(2) No registered loan corporation, not having, prior to the Terminating
seventeenth day of March, 1900, issued terminating stock or f^*."^^^ °?* ^^^

dg issued

shares, shall have authority to make or issue such stock or where not
shares. issued prior

to 17th March,
1900.

(3) After the Jirst day of July, 1900, no loan corporation No loan cor-
whatsoever not then standing registered under The Loan Cor- poration not
porations Act shall be granted registry if the stock or shares beregisteredif
of the said corporation consist of or include terminating stock ?°y pa^it of

1 ^ , '^ its stock or

or snares. shares is

terminating

Section 3 of The Loan Corporations Act is amended by Rev. stat.
striking out the words " Provincial Secretary " wherever they c. 205, s. 3,
occur and by substituting in lieu thereof the word " Minis- *'"®° ^ '
ter.'"^

4. — (1) The directors of any loan corporation incorporated increase of
by or under the law of Upper Canada or of Ontario and stand- permanent

■V XL CflDltSll

ing registered under The Loan Corporations Act, may, at any
time after ninety per centum of the permanent capital stock
of the company has been subscribed and ninety per centum
thereof paid in, but not sooner, by by-law passed and con-
firmed as hereinafter enacted provide for the increase of the
permanent capital stock to any amount which the directors
may consider requisite. [Cf. 62-3 V. c. 41 (D) s. 33.]

^Provided that this subsection shall not apply to any lawful Proviso,
by-law of the corporation or resolution of a general meeting
of the shareholders thereof, increasing or authorizing the in-
crease of the permanent capital stock of the corporation, if the
said by-law or resolution was duly passed before the seven-

teenth day of March, 1900, and a certified copy of the same
was filed with the Registrar of Loan Corporations before the
seventeenth day of April, 1900 ; and to every such lawful by-
law or resolution so passed and filed section 26 of The Loan
Covporations Act shall apply ."^

permsment (2)- The directors of any such loan corporation as in the last

capital stock subsection mentioned may at any time by by-law provide for
the decrease of the permanent capital stock to any amount,
not being less than one hundred thousand dollars, as they may
consider sufficient. Such by-law shall declare the number and
par value of the shares of the stock so decreased and the allot-
ment thereof, or the rule or rules by which the allotment is to be
made. The liability of shareholders to persons who, at the
time the stock is decreased, are creditors of the corporation,
shall remain as though the stock had not been decreased or
altered. [Gf. 62-3 V.^c. 41 (D) s. 34.]

of partly°paid (^) ^he directors of any such loan corporation as in sub-
shares into section 1 of this section mentioned may pass a by-law provid-
sharea! ^^S "pon terms therein stated for the conversion of partly

paid-up shares into fully paid-up shares of its permanent capital
stock ; but the liability of shareholders to persons who, at the
time the shares are so converted, are creditors of the corpora-
tion, shall remain as though the shares had not been converted.
[Gf 62-3 V. c. 41 (D) s. 40 and s. 41.]

Conversion of B^(j^^ The directors of any such loan corporation as mentioned
stock or shares in subsection 1 of this section, in which corporation there is
into per- terminating or withdrawable stock or shares, may pass a by-

manenb stock ■, P j. v • i i j c j.i. • i? i. i. i

or shares. l^w upon terms therein stated tor the conversion or such stock
or shares, with the consent of the several holders thereof, into
permanent stock or shares. Such by-law shall have no force
or validity unless and until it is duly adopted and ratified by
the shareholders and is afterwards confirmed by the Lieuten-
ant-Governor in Council in manner provided for by subsection 6
of this section ; but nothing in this subsection contained shall
prejudice or impair the right of the corporation to convert as
provided in sections 13, 14 and 15 of The Loan Gorporations
Act. Sections 10 to 15 of the said Act shall apply to any
terminating stock or shares irrespective of the date at which
such stock or shares were issued."^

Copy of by- ^"(5) A copy of any such proposed by-law as mentioned in

delivered ^^^^ Section shall be delivered to the Registrar of Loan Cor-

to registrar, porations at least six weeks before being passed upon by the

Notice of Board of Directors. Before submission of the by-law to a

by-law to meeting of shareholders as provided in subsection 6 of this

shareholders, section, such notice shall be given by publication and other-
wise as the said registrar shall direct."®*

Such by-laws (6) No by-law for, or having the effect of, increasing or

relating to decreasing the permanent capital stock or shares of the cor-

to'be confi*m^ poration, whether such stock or shares are subscribed or issued,

ed by Order- or not,or for, or having the effect of, sub-dividing such shares or
in-OouDcil.

altering the par value of such shares, or altering the liability
of any holder of such stock or shares, or converting partly
paid-up shares into fully paid-up shares, shall have any force
or validity unless and until such by-law has been duly adopted
and ratified by a vote of shareholders present or represented by
proxy at a general meeting of the corporation duly called for
considering the by-law, and holding not less than two-thirds
of the issued capital stock of the corporation represented at
such meeting, and has afterwards been confirmed by an order
of the Lieutenant-Governor in Council ; and the Lieutenant-
Governor in Council is hereby authorized in his discretion to
grant such confirmation, if he is satisfied of the bona fide
character of the changes provided for in the by-law, unless it
should appear that the confirmation of the by-law would not
be in the public interest. Provided always that, with the proviso,
consent of the corporation, evidenced by a resolution of the
board of directors, the changes provided for in the by-law may
be varied or amended by the confirming order-in-council, and
may be made subject to such conditions as the Lieutenant-
Governor-in-Council may think proper. [Cf. 62-3 V. c. 41,
sees. 35, 36, 41.]

^(7) The confirmation by the Lieutenant-Governor in Council Evidence of
provided for in subsections 4 and 6 of this section may be evi- b^^^L^^enant
denced by a certificate of the Minister or by a certified copy Governor in
of the minister's certificate in the like manner and with the Council,
like effect as provided in sections 45 and 47 of The Loan Cor-
porations Act ; and the said certificate shall be conclusive
evidence of all matters therein certified or declared, and of
the due performance of all matters precedent or preliminary
to the granting of the said certificate."®**

^5. (I) — Subsection 1 of section 8 of The Loan Corporations Rev. Stat.
Act is amended by striking out all the words after the words «• 20&. 8. 8
" provided that " in the ninth line down to and including the amended,
word " Act " in the eleventh line, and by substituting therefor
these words : " If any loan corporation incorporated under the
law of this Province.""^

*^(2) Section 8 of The Loan Corporations Act is further Rev. Stat,
amended by adding at the end thereof subsection 7 as fol-^'^'^:^n
lows: — "^

^^"(7) The charter or corporate franchise of a loan corpor-.,
ation incorporated under the law of the province'
may at any time for cause shown to the satisfac-
tion of the Lieutenant-Governor in Council, be
either suspended, or revoked and made void by an
order of the Lieutenant-Governor in Council."^

6 — (1) All the words of sub-section 1 of section 17 of The Rev. Stat., c.
Loan Corporations Act down to and including the word amended.
" itself " in the thirteenth line, are struck out and the following
words are substitiited in lieu thereof ;

Lending
powers.

Loans on

terminating

shares.

Rev. Stat.
c. 205, 8. 17
(1) amended.

" (1) A registered loan corporation shall have power to lend
money on the security of, or to purchase or invest in, —

" (a) Mortgages or hypothecs upon freehold or leasehold real
estate, or other immovables,*^or mortgages or assignments of
such life insurance policies as have at the date of the loan or
investment an ascertained cash surrender value admitted by
the insuring company ;"^*

" (6) The public securities of Canada, or of any of the present
or future Provinces thereof, or terminating debentures ot any
municipal or public school corporation, or terminating deben-
tures of any society or company incorporated under the Revised
Statutes respecting building societies ; or terminating deben-
tures of any society or company in which under the law of
the Province trustees may invest trust funds ;

" (c) Terminating debentures of companies incorporated and
operated for the purpose of supplying gas, water, heat, light,
power, or electricity to any municipal corporation in the
Dominion of Canada ; or terminating debentures of steam or
electric railway companies, or of telegraph or telephone com-
panies ; or fully paid-up stock of any chartered bank of
Canada,5;^or of fully paid stock of any other loan company,
trust company or insurance corporation standing registered
under the law of Ontario ;'^but so that the aggregate of all
of the said stocks held by the loan corporation at any time
shall not exceed one-fifth of the paid-up capital of the
loan corporation; and so that the loan or loans upon the
the security of, or the purchase or investment in the debentures
of any of the companies mentioned in this present clause
lettered (c), shall not in the aggregate exceed one-fifth of the
paid-up capital of such company.

" {d) In the case of any loan corporation whose capital stock
consists of or includes terminating shares, the corporation may
lend on the security of the terminating shares of the cor-
poration itself."

(2) Subsection 5 of section 17 of The Loan Corporations
Act is amended by inserting after the word " business " in the
third line the following words : — " Or is acquired or held for
the bona fide purpose of building upon or improving the same";
and the said subsection is further amended by substituting
" $50,000 " for " $20,000 " wherever the latter sura occurs in
the said subsection.

Rev. Stat.
c. 206, B. 29,
subs. 1,
amended.

Rev. Stat.
c. 205, 8. 30
(4) amended.

m.'Tl, — (1) Subsec'ion 1 of section 29 of The Loan Corpora-
tions Act is amended by adding at the end thereof the follow-
ing words : " In respect of deposits, creditors shall rank upon
the assets of the corporation pari passu with the holders of
debentures and debenture stock.'"^

(2) Subsection 4 of section 30 of The Loan Corporations
Act is amended by striking out in the eighth line the word

thrice " and by substituting therefor the words " four times."
[Of. Dominion Act, 62-3 V. c. 41, s. 21.]

8. Section 46 of The Loan Corporations Act is hereby re- Kev. Stat,
pealed, and the following section is substituted in lieu thereof: ^ ^^^i %• ^^'

" 46. — (1) As provided in The Registry Act, or in any other Registration
Act of the Province, it shall be sufficient once for all to register °f Ssaent^to^
a certified copy of the Certificate mentioned in section 45 ofamaigama-
this Act on the General Register of each Registry Division **°°' ®*®*
in which instruments affecting lands or interests in land, in-
cluded or intended to be included in such transfer or amalgama-
tion as mentioned in sections 44 and 45 of this Act are regis-
tered, and the fee payable for the registration thereof shall be
four dollars. Any document under the hand, or purporting
to be under the hand, of the Corporations Registrar or Regis-
trar of Loan Corporations certifying such document to be
or to contain a true copy of the Certificate mentioned in sec-
tion 45 or of any instrument referred to in the said Certificate,
shall as provided by The Registry Act be registered by the Reg-
istrar of any Registry Division to whom the same is tendered
for registration.

'^-" (2) Copies certified as aforesaid of any certificate or instru- Certified
ment aforesaid shall be received and accepted by the Master fjjfjate'as"^'^
of Titles and Local Masters of Titles, under the provisions of evidence be-
The Land Titles Act, as conclusive evidence of all matters ^ j'li^^jf '®'
therein certified or declared. Subject to rules to be made
under The Land Titles Act the said certificate shall be entered ^'7«„^'**'
in the book kept in the Land Titles office for powers of attor-
ney and the fee for entering the same shall be one dollar, if
the certificate is five folios or under, and for each folio above
five ten cents additional.'"^*

(3) This section shall extend to and include any such certifi-
cate or certified copy issued or purporting to have been issued
under The Loan Corporations Act since the passing thereof.

9. Section 79 of The Loan Corporations Act is amended by Rev. Stat.
strikinof out in the sixth line the word " three," and by sub- °- 205, s. 79
stituting the word " five " in lieu thereof ; and is further
amended by striking out in the ninth line the word "four," and

by substituting the word " six " in lieu thereof.

10. — (1) Section 108 of The Loan Corporations Act is amend- jj^^ g^^^^
ed by adding at the end of subsection 9 the following words : — c. 205,
" This section shall have effect notwithstanding any Act of amended.
the Province."

^-(2) Subsection 2 of section HI of The Loan Corporations ^v. atit. c.
Act is amended by inserting the words " incorporated or " after ^^'^jgi^ ^^^'
the word " duly " in the first line of the said subsection."^

A corpora- 1 1 • Upon petition of any corporation standing registered

tion may upon under The Loan Corporations Act, the Lieutenant-Governor-
brough't with- in-Council may, by Letters Patent under the Great Seal, extend
in provisions and make applicable to the corporation in respect of its busi-

not otherwise • xi, r> • • • • • r xi. • i

applicable. ^^^^ in the Frovince any provision or provisions ot the said
Act which would or might not otherwise so extend or apply.
Until the said Letters Patent are amended, suspended or
revoked, the corporation shall thereafter, in respect of such
business, be entitled to all rights and remedies conferred, and
be subject to all duties and liabilities imposed by the said pro-
vision or provisions.

Rev. Stat.
c. 205, 8. 117
(2) amended

Penalty for
UEiing ceitain
words in name
of company
while
unregistered.

13. Subsection 2 of section 117 of The Loan Corporations
Act is amended by adding thereafter clause (a) as follows : —

(a) Any person, partnership, organization, society, asso-
ciation, company or corporation, not being a cor-
poration registered under this Act or under
The Ontario Insurance Act, that assumes or uses
in the Province a name which includes any of
the words -'Loan," "Mortgage," "Trust," "Trusts,"
" Investment," or " Guarantee " in combination or
connection with any of the words " Corporation,"
" Company," " Association" or "Society," or in com-
bination or connection with any similar collective
term shall be guilty of an offence against subsec-
tion 1 of this section ; and any person acting in
behalf of such person, partnership, organization,
society, association, company or corporation shall
be guilty of an offence against subsection 2 of this
section, and upon conviction thereof shall be liable
as in the said subsection 2 enacted ; and subsec-
tions 3, 4, 5 and 6 of this section shall apply. This
provision shall take effect on, from and after the
first day of July, A. D. 1900. Provided that, where
any of the said combinations of words formed part
of the corporate name of any corporation thereto-
fore duly incorporated by or under the authority of
an Act of the Province or of the Parliament of
Canada, the said combination may continue to be
used in the Province as part of the said corporate
name.

Rev. Stat.
c. 205, 8. 10,
amended.

Rev. Stat,
c. 205, 8. 119
amended.

tiof

13. Clauses 13 and 14 of section 120 of The Loan Cor-
porations Act are amended by striking out these words
" increase or decrease of capital stock " wherever the said
words occur, and by substituting therefor these words
" increase, decrease, conversion or alteration of capital stock
or shares, or declaration or alteration of powers."

14. Section 119 of The Loan Corporations Act is amended
by adding thereto subsections 2 to ]0 inclusive as follows: —

" (2) A list or notice published in the Ontario Gazette over th§

name of the Registrar shall, without further proof, be received notice in
in any Court and before all Justices of the Peace and others
as prima facie evidence of the facts set forth in such published
list or notice.

" (3) All copies of returns, reports or other official publica- Official puWic-
tions of the Registrar purporting to be printed by the Printer evidence,
to the Crown, or the Printer to the Legislative Assembly, or
to be printed by order of the Legislative Assembly, shall with-
out further proof, be admitted as evidence of such publication
and printing, and as true copies of the original documents
delivered to be printed and published.

" (4) The seal or signature of the Registrar shall be admiss- Registrar's
ible in evidence without proof of its authenticity ; or of the ture.
official character of the person signing.

" (5) A certificate under the hand of the Registrar and the Certificate as
seal of his office, that on a stated day the corporation men- ^ ^°*^"
tioned therein stood registered, or did not stand, registered,
or that the registry of any corporation was originally granted,
or was renewed, or was suspended, or was revived, or was
revoked, or was cancelled, on a stated day, shall be prima facie
evidence in any Court or elsewhere of the facts alleged in the
certificate.

" (6) Every certificate of registry granted under this Act Commence-

• r^ »/ o moiiij And 6DCi

shall specify the first day, and also the last day of the term of certificate,
for which the corporation is registered ; and the corporation
so registered shall be deemed to be registered from the com-
mencement of the first day to the end of the last day so
specified.

" (7) Copies of, or extracts from, any book, record, instru- ^^^^'^^tg^'from
ment or document in the office of the Registrar or any official official docu-
instrument or document issued by virtue of this Act shall if ™ent».
certified by him to be true copies or extracts and sealed with
the seal of his office, be held as authentic, and shall be prima
facie evidence of the same legal effect as the original in any
court or elsewhere.

" (8) For the purposes of this section, Registrar shall include interpretation
the Deputy or Assistant Registrar.

" (9) In the case of any document for purposes of this Act Certificates of
filed or required to be filed in the office of the Provincial provl^c^al
Registrar, a certificate of filing shall be prima facie evidence Registrar,
of the filing if signed or purporting to be signed by the Deputy
or Assistant Provincial Registrar, or by the acting Deputy or
Assistant.

" (10) The books, accounts and documents of a lo an corpor- Book?, etc., of
ation and entries in the books of its officers shall be prima corporation to
facie evidence of the matters to which the entries relate as
against the corporation or as between shareholders or alleged
shareholders thereof."

15. All Acts and parts of Acts inconsistent with this Act inconsistent
are, to the extent of such inconsistency, repealed. '^'ift^s^^^Acts

repealed.

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No. 98,] TDTT J . [T900

BII

An Act to amend The Loan Corporations Act.

ER MAJESTY by and with the advice and consent of the
Legislative Assembly enacts as follows :

1. This Act shall be read as one with The Loan Corpora- This Act to
tions Act, Chapter 205 of the Revised Statutes, 1897. Rev?*st^!*^

c. 205.

3, — (1) In loan corporations incorporated after the sefe^i- ai' stock and
teenth day of March, 1900, under or by virtue of any Act of the shares in new
Province, all stock and shares sliall be fixed, permanent, and to'be'irer-°°"
non -withdrawable. manent.

(2) No registered loan corporation, not having, prior to the Terminating
seventeenth day of March, 1900, issued terminating stock or f'^*.'"^^ °?* *°
shares, shall have authority to make or issue such stock or where not
shares. iT^i?J'°''u

to 17th March,
1900.

(3) Onand after the ^irs^ day of July, 1900,no loan corporation No loan cor-
whatsoever not then standing registered under The Loan Cor- poration not
porations Act shall be granted registry if the stock or shares be registered if
of the said corporation consist of or include terminating stock any part of

, ^ ^ its stock or

or snares. shares is

terminating

^^3, Section 3 of The Loan Corporations Act is amended by Rev. Stat,
striking out the words " Provincial Secretary " wherever they c 205, s. 3,
occur and by substituting in lieu thereof the word " Minis- ™
ter."°®*

4. — (1) The directors of any loan corporation incorporated Increase of
by or under the law of Upper Canada or of Ontario and stand- 0^0^*1°^°*
ing registered under The Loan Corporations Act, may, at any
time after ninety per centum of the permanent capital stock
of the company has been subscribed and ninety per centum
thereof paid in, but not sooner, by by-law passed and con-
firmed as hereinafter enacted provide for the increase of the
permanent capital stock to any amount which the directors
may consider requisite. [Cf. 62-3 V. c. 41 (D) s. 33.]

^Provided that this subsection shall not ajjply to any lawful Proviso,
by law of the corporation or resolution of a general meeting
of the shareholders thereof, increasing or authorizing the in-
crease of the permanent capital stock of the corporation, if the
said by-law or resolution was duly passed before the seven-

peMnanMit (2)- The directors of any such loan corporation as in the last

of partiy-paid (^) The directors of any such loan corporation as in sub-
shares into section 1 of this section mentioned may pass a by-law provid-
s'hareT*^'^ ing upon terms therein stated for the conversion of partly
paid-up shares into fully paid-up shares of its permanent capital
stock ; but the liability of shareholders to persons who, at the
time the shares are so converted, are creditors of the corpora-
tion, shall remain as though the shares had not been converted.
[Cf 62-3 V. c. 41 (D) s. 40 and s. 41.]

Conversion of ^(4) The directors of any such loan corporation as mentioned
stock or shires in subsection 1 of this section, in which corporation there is
into per- terminating or withdrawable stock or shares, may pass a by-

or^h^ares. "^ l^w upon terms therein stated for the conversion of such stock
or shares, with the consent of the several holders thereof, into
permanent stock or shares. Such by-law shall have no force
or validity unless and until it is duly adopted and ratified by
the shareholders and is afterwards confirmed by the Lieuten-
ant-Governor in Council in manner provided for by subsection 6
of this section ; but nothing in this subsection contained shall
prejudice or impair the right of the corporation to convert as
provided in sections 13, 14 and 15 of The Loan Corporations
Act. Sections 10 to 15 of the said Act shall apply to Bny
terminating stock or shares irrespective of the date at which
such stock or shares were issued. °®*

Copy of by- *^(5) A copy of any such proposed by-law as mentioned in

law to be ^-j^jg section shall be delivered to the Registrar of Loan Cor-

to Registrar, poratioi^s at least six weeks before being passed upon by the

^ . Board of Directors. Before submission of the by-law to a

by-law to meeting of shareholders as provided in subsection 6 of this

shareholders, section, such notice shall be given by publication and other-
wise as the said Registrar shall direct."^

Such by-laws (^) ^^ by-law for, or having the eflfect of, increasing or
relating to decreasing the permanent capital stock or shares of the cor-
r°b^ confi*m^ poration, whether such stock or shares are subscribed or issued,
ed by Order- or not,or for, or having the effect of, sub-dividing such shares or
in-CouDcil.

altering the par value of such shares, or altering the liability
of any holder of such stock or shares, or converting partly
paid-up .shares into fully paid-up shares, shall have any force
or validity unless and until such by-law has been duly adopted
and ratified by a vote of shareholders present or represented by
proxy at a general meeting of the corporation duly called for
considering the by-law, and holding not less than two-thirds
of the issued capital stock of the corporation represented at
such meeting, and has afterwards been confirme 1 by an order
of the Lieutenant-Governor in Council ; and the Lieutenant-
Governor in Council is hereby authorized in his discretion to
grant such confirmation, if he is satisfied of the bona fide
character of the changes provided for in the by-law, unless it
should appear that the confirmation of the by law would not
be in the public interest. Provided always that, with the proviso,
consent of the corporation, evidenced by a resolution of the
board of directors, the changes provided for in the by-law may
be varied or amended by the confirming order-in- council, and
may be made subject to such conditions as the Lieutenant-
Governor-in-Council may think proper. [Cf. 62-3 V. c, 41,
sees. 35, 36, 4L]

^(7) The confirmation by the Lieutenant-Governor in Council Evidence of
provided for in subsections 4 and 6 of this section may be evi- h*^"i]^\eDant
denced by a certificate of the Minister or by a certified copy Governor la
of the minister's certificate in the like manner and with the Council,
like efiect as provided in sections 45 and 47 of The Loan Cor-
porations Act ; and the said certificate shall be conclusive
evidence of all matters therein certified or declared, and of
the due performance of all matters precedent or preliminary
to the granting of the said certificate."®*

^5. (1) — Subsection 1 of section 8 of The Loan Corporations Rev. Stat.
Act is amended by strikino- out all the words after the words c- 206, a. 8
" provided that " in the ninth line down to and including the amended,
woi'd " Act " in the eleventh line, and by substituting therefor
these words : " If any loan corporation incorporated under the
law of the Province.""®*

^(2) Section 8 of The Loan Corporations Act is further fiev Stat,
amended by adding at the end thereof subsection 7 as f ol- c- 205, s. 8

, =^ •' o amended,

lows : — ^*

^"(7) The charter or corporate franchise of a loan corpor-
ation incorporated under the law of the Province
may at any time for causae shown to the satisfac-
tion of the Lieutenant-Governor in Council, be
either suspended, or revoked and made void by an
order of the Lieutenant-Governor in Council.'^

6 — (1) All the words of sub-section 1 of section 17 of JAe Rev. Stat., c
Loan Coi'poraiions Act down to and including the word amended.
" itself" in the thirteenth line, are struck out and the following
words are substituted in lieu thereof :

Loans on

terminating

shares.

Rev. Stat.
c. 205, 8. 17
(1) amended.

" (1) A registered loan corporation shall have power to lend
money on the security of, or to purchase or invest in, —

" (6) The public securities of Canada, or of any of the present
or future Provinces thereof, or terminating debentures oi any
municipal or public school corporation, or terminating deben-
tures of any society or company incorporated under the Revised
Statutes respecting building societies ; or terminating deben-
tures of any society or company in which under the law of
the Province trustees may invest trust funds ;

" (c) Terminating debentures of companies incorporated and
operated for the purpose of supplying gas, water, heat, light,
power, or electricity to any municipal corporation in the
Dominion of Canada ; or terminating debentures of steam or
electric railway companies, or of telegraph or telephone com-
panies ; or fully paid-up stock of any chartered bank of
Canada,i}:^or of fully paid stock of any other loan company,
trust company or insurance corporation standing registered
under the law of Ontario ;'^^but so that the aggregate of all
of the said stocks held by the loan corporation at any time
shall not exceed one-fifth of the paid-up capital of the
loan corporation; and so that the loan or loans upon the
the security of, or the purchase or investment in the debentures
of any of the companies mentioned in this present clause
lettered (c), shall not in the aggregate exceed one-fifth of the
paid-up capital of such company.

(2) Subsection 5 of section 17 of The Loan Corporations
Act is amended by inserting after the word "business " in the
third line the following words :— • " Or is acquired or held for
the bona fide purpose of building upon or improving the same";
and the said subsection is further amended by substituting
" $50,000 " for " S20,000 " wherever the latter sum occurs in
the said subsection.

Rev. Stat.
c. 205, e. 29,
subs. 1,
amended.

Rev. Stat.
c. 205, 8. 30
(4) amended*

"Js-T. — (1) Subsection 1 of section 29 of The Loan Corpora-
tions Act is amended by adding at the end thereof the follow-
ing words : " In respect of deposits, creditors shall rank upon
the assets of the corporation pari passu with the holders of
debentures and debenture stock. '"^^

(2) Subsection 4 of section 30 of The Loan Corporations
Act is amended by striking out in the eighth line the word

" thrice " and by substituting therefor the words " four times."
[Of. Dominion Act, 62-3 V. c. 41, s. 21.]

8. Section 46 of The Loan Corporations Act is hereby re- Bev. Stat,
pealed, and the following section is substituted in lieu thereof: %pe&ied ^^'

" 46. — (1) As provided in The Registry Act, it shall be Registration
sufficient once for all to register a certified copy of the of certificate
Certificate mentioned in section 45 of this Act on the aLTigama°
General Register of each Registry Division in which tion, etc.
instruments affecting lands or interests in land, included
or intended to be included in such transfer or amalgama-
tion as mentioned in sections 44 and 45 of this Act are regis-
tered, and the fee payable for the registration thereof shall be
four dollars. Any document under the hand, or purporting
to be under the hand, of the Corporations Registrar or Regis-
trar of Loan Corporations certifying such document to be
or to contain a true copy of the Certificate mentioned in sec-
tion 45 or of any instrument referred to in the said Certificate,
shall as provided by The Registry Act be registered by the Reg-
istrar of any Registry Division to whom the same is tendered
for registration.

"*s-" (2) Copies certified as aforesaid of any certificate or instni- Certified
ment aforesaid shall be received and accepted by the Master ti*ficate°a8
of Titles and Local Masters of Titles, under the provisions of evidence be-
The Land Titles Act, as conclusive evidence of all matters of Titles,
therein certified or declared. Subject to rules to be made
under The Land Titles Act the said certificate shall be entered c.^iis. * '
in the book kept in the Land Titles office for powers of attor-
ney and the fee for entering the same shall be one dollar, if
the certificate is five folios or under, and for each folio above
five ten cents additional.""^*

^"(3) For the purpose of any instrument required to be regis- As to the
tered or filed under The Bills of Sale and Chattel Mortgage f^j" chatt^ef
Act, it shall be sufficient in order to show the transmission of Mortgage Act.
title in respect of any personal property or interest in personal
property included, or intended to be included in such transfer
or amalgamation as mentioned in Sections 44 and 45 of this
Act if the instrument affecting such property or interest recite
the certificate registered as provided in subsection 1 of this
section, and recite the registry division in which such certifi-
cate is registered together with the registration number of the
certificate.

(4) This section shall extend to and include any such certifi-
cate or certified copy issued or purporting to have been issued
under The Loan Corporations Act since the passing thereof.

9. Section 79 of The Loan Corporations Act is amended by Rev. Stat.

" " " - c. 2C5, 8. 7"

amended.

striking out in the sixth line the word " three," and by sub- c- 2C5, s. 79

stituting the word " five " in lieu thereof ; and is further
amended by striking out in the ninth line the word "four," and
by substituting the word " six " in lieu thereof.

Ilev. Stat. 10. — (1) Section 108 of The Loan Corporations Act is araend-

8. 108* (3) ed by adding at the end of subsection 9 the following words : —
amended. " This section shall have effect notwithstanding any Act of
the Province."

Rev. Stat. c. '^.(2) Subsection 2 of section 111 of The Loan Gorpomtions
amended. ^^^ ^^ amended by inserting the words " incorporated or '* after
the word " duly " in the first line of the said subsection."^

tion°nmyupon H- Upon petition of any corporation standing registered
petition be under The Loan Corporations Act, the Lieutenant-Governor-
in provisbna in-Council may, by Letters Patent under the Great Seal, extend
not otherwise and make applicable to the corporation in respect of its busi-
app ica e. ^^^^ -^^ ^j^^ Province any provision or provisions of the said
Act which would or might not otherwise so extend or apply.
Until the said Letters Patent are amended, suspended or
revoked, the corporation shall thereafter, in respect of such
business, be entitled to all rights and remedies conferred, and
be subject to all duties and liabilities imposed by the said pro-
vision or provisions.

c. 205, 8. 117 13- Subsection 2 of section 117 of The Loan Corporations
(2) amended ^^(^f, ig amended by adding thereafter clause (a) as follows : —

using certain (a) Any per,-ion, partnership, organization, society, asso-

word8 in name ciation, company or corporation, not being a cor-

while poration registered under this Act or unr^er

unregistered. y/^g Ontario Insurance Act, that assumes or uses

in the Province a name which includes any of
the words "'Loan," "Mortgage," "Trust," "Trusts,"
" Investment." or " Guarantee " in combination or
connection with any of the words " Corporation."
" Company," " Association" or "Society," or in com-
bination or connection with any similar collective
term shall be guilty of an offence against subsec-
tion 1 of this section ; and any person acting in
behalf of such person, partneiship, organization,
society, association, company or corporation shall
be guilty of an offence against subsection 2 of this
section, and upon conviction thereof shall be liable
as in the said subsection 2 enacted ; and subsec-
tions 3, 4, 5 and 6 of this section shall apply. This
provision shall take effect on, from and after the
first day of July, A. D. 1900. Provided that, where
any of the said combinations of words formed part
of the corporate name of any corporation thereto-
fore duly incorporated by or under the authority of
an Act of the Province or of the Parliament of
Canada, the said combination may continue to be
used in the Province as part of the said corporate
name.

13. Clauses 13 and 14 of section 120 of The Loan Cor-
porations Act are amended by striking out these words

"increase or decrease of capital stock" wherever the said ^y^ Stat,
words occur, and by substituting therefor these words amended. '
" increase, decrease, conversion or alteration of capital stock
or shares, or declaration or alteration of powers."

14. Section 119 of The Loan Corporations Act is amended c. 265, b. ii9
by addincf thereto subsections 2 to 10 inclusive as follows: — amended.

"(2) A list or notice published in the Ontario Gazette over the Effect of
name of the Registrar .shall, without further proof, be received notice in
in any Court and before all Justices of the Peace and others
as 'prima facie evidence of the facts set forth in such published
list or notice.

" (3) All copies of returns, reports or other official publica- Official public-
tions of the Registrar purpoiting to be printed by the Printer evidence,
to the Crown, or the Printer to the Legislative Assembly, or
to be printed by order of the Legislative Assembly, shall with-
out further proof, be admitted as evidence of such publication
and printing, and as true copies of the original documents
delivered to be printed and published.

" (4) The seal or signature of the Registrar shall be admiss- Registrar's
ible in evidence without ptoof of its authenticity ; or of the ture.
official character of the person signing.

" (.5) A certificate under the hand of the Registrar and the Certificate as
seal of his office, that on a stated day the corporation men- '° *°*^'
tioned therein stood registered, or did not stand registered
or that the registry of any corporation was originally granted,
or was renewed, or was suspended, or was revived, or was
revoked, or was cancelled, on a stated day, shall be prima facie
evidence in any Court or elsewhere of the facts alleged in the
certificate.

" (6) Every certificate of registry granted under this Act Commence-

lUBIlL SlIlQ 6DCL

shall specif}^ the first day, and also the last day of the term of certificate,
for which the corporation is registered ; and the corporation
so registered shall be deemed to be registered from the com-
mencement of the first day to the end of the last day so
specified.

" (1) Copies of, or extracts from, any book, record, instru- ^,f°raTt8°from
ment or document in the office of the Registrar or any official official docu-
instrument or document issued by virtue of this Act shall if ™«'^*^^-
certified by him to be true copies or extracts and sealed with
the seal of his office, be held as authentic, and shall be prima
facie evidence of the same legal effect as the original in any
court or elsewhere.

" (8) For the purposes of this section. Registrar shall include Interpretation
the Deputy or Assistant Registrar.

" (9) In the case of any document for purposes of this Act Certificates of
filed or required to be filed in the office of the Provincial prov^incial
Registrar, a certificate of filing shall be prima facie evidence Registrar,
of the filing if signed or purporting to be signed by the Deputy
or Assistant Provincial Registrar, or by the acting Deputy or
Assistant.

Books, etc., of " (10) The books, accounts and documents of a lo an corpor-

be'evidenc".*" ^^ion and entries in the books of its officers shall be prtma

facie evidence of the matters to which the entries relate as

against the corporation or as between shareholders or alleged

shareholders thereof."

Inconsistent 15. All Acts and parts of Acts inconsistent with this Act

pa°rtl*o" Acts ^^^> ^^ ^^^ extent of such inconsistency, repealed.

repealed.

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No. 99.], BILL ^^^^^

An Act to amend the Act respecting the Law Society
of Upper Canada.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the ProvincJe of Ontario,
enacts as follows: —

1. Section 4 of The Act respecting ihe Law Society of Up- Rev. Stat,
c per Canada, is hereby amended by inserting therein after amended,
the end of the seventh line thereof the words, " every person Treasurer for
who has for seven consecutive years held the office of Treasurer seven years to
of the said Society." Snche?"'

2i. The Society may by rule or by-law abolish Terms and %-l?ws for
j^Q may by rules fix, and from time to time alter and change the Terms and
dates for the doing of any act, or the giving any notice which changingdates
by the said Act is to be done in or wii,h reference to any Term or^giv^ng^ ^° *
or Terms, and upon the passing of any rule or rules providing notices,
dates and times for or in connection with the matters and
jf^ things legislated upon by sections 6, 17, 27, 28, 29, 30, 31, 33
and 53, or any other sectiofa of the- said Aet, the dates and
times so fixed by rule and from time to time altered or changed
by any subsequent rule or rules shall prevail, notwithstanding
the provisions of the said several sections : Provided that no Proviso.
2Q such rules shall have the effect of prolonging the term of office
of any elected Bencher.

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No. 100.] jyjj J . [1900.

An Act to amend and consolidate The Ontario Game
Protection Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

^ 1. This Act may be cited as The Ontario Game Protection short title
^Act, 1900. R S. O. 1897, c. 287, s. 1.

3. — (1) The expressions "game animal" and " game bird " Interpreta-
wherever the same occur in this Act, shall mean a bird or an^al^''^""^
animal protected by the provisions of this Act. R. S. 0. 1897, "game bird."
c 287, s. 2.
1" (2) In this Act the expression " close season " shall mean the " close
period in which any game animal or bird is protected and the ffason."
expression " open season " shall mean the period in which any season."
game animal or bird is permitted to be hunted, taken or killed
by the provisions of this Act. {New).

1^ NON-RESIDENTS.

3. — (1) No person not being resident and domiciled in the Non-residents
Province of Ontario shall hunt, take, kill, wound or destroy -"cense for.
any game bird or animal except upon the terms and conditions
of a license to be first obtained in that behalf as hereinafter

20 provided. R. S. 0, 1897, c. 287, s. 4 (1).

(2) The Commissioner of Crown Lands may grant a special Permit to
permit to enable a guest of a resident of the Province to hunt ^"^j'°i
and shoot therein without a license for a term not exceeding
one week. . R. S. 0. 1897, c. 287, s. 4(4).

25 (3) The Lieutenant-Governor in Council may by Order-in- Licenses to
Council from time to time make regulations for the issue of '^11,'^/°** °*
licenses to residents of other provinces of the Dominion of Provinces.
Canada for hunting and shooting in the Province of Ontario
upon payment of a reduced license fee or upon the same terms

30 and conditions as residents of the Province of Ontario are, •
under the provisions of the laws of such provinces respectively
permitted to hunt or shoot therein. R.S.0. 1897, c. 287, s. 4 (5).

CLOSE SEASONS. — S.S. 4-7.

4. — (1) No deer shall be hunted, taken or killed between close season
35 the 15th day of November and the 1st day of November of fo'^'^eer.
the following year.

(2) No moose, reindeer or caribou shall be hunted, taken or
killed except between the 1st day of November and the 16th
day of November in the year 1900 and in every third year
thereafter. R S. 0. 1897, c. 287, s. 6 (1) ; 62 V. (2), c. 33, s. 4.

(3) No elk or wapiti shall be hunted, taken or killed at any 5
time in Ontario. {New.)

(4) No person shall hunt, take, kill or destroy, or pursue
with such intent : —

{a) Any grouse, pheasants, prairie fowl or partridge,

woodcock, black and grey squirrels and hares be- 10

tween the fifteenth day of December and the

fifteenth day of September in the following year ;

Quail and wild (^) -^^7 quail or wild turkeys between the fifteenth day

turkeys. of December and the first day of November of the

following year; 15

{d) Ducks of all kinds or any other waterfowl between
the fifteenth day of December and the first day of
September of the following year ; 20

{e) Snipe, rail, plover or any other birds known as shore
birds or waders between the fifteenth day of
December and the fifteenth day of September of
the following year. R S. 0. 1897, c. 287, s. 7 (1).

(5) Notwithstanding anything in this section contained no 25
wild turkeys shall be hunted, taken or killed at any time
before the fifteenth day of October, 1905, and no prairie fowl
or English or Mongolian pheasants before the fifteenth day of
September, 1905. R S. 0. 1897, c. 287, s. 7 (2).

(6) Notwithstanding anything in this Act, any person may 30
during close season take or kill the wood hare or cotton-tail
rabbit by any other means than by the use of guns or other
fire-arms. R. S. O. 1897, c. 287, s.' 7 (3).

Moose, etc.

Elk, wapiti.

Game birds,
etc.

Grouse, etc.,
black and grey
gquirrels aad
hares.

Swans and
gei se.

Ducks and
other Winter-
fowl.

Snipe, rail,
plover, etc.

Wild turkeys,
pheasants.

Cotton-tail
rabbits.

BEAVER, OTTER, MUSKHATS, ETC.

Beaver and
otter.

Muskrat.

Muskrat
houses, etc.

5. — (1) No beaver or, otter shall be hunted, taken or killed 35
or had in possession by any person before the first day of Nov-
ember, 1905; and thereafter no beaver or otter shall be hunted,
taken or killed or had in possession of any person between the
first day of April and the first day of November, nor shall any
traps, snares, gins, or other contrivances be set for them during 40
such period.

(2) No muskrat shall be hunted, taken or killed or had in'
possession of any person between the first day of May and the
first day of January of the following year, nor shall any traps,
snares, gins, or other contrivances be set for them during such 45
period.

(3) No muskrat shall be shot during the month of April; nor
shall any muskrat house be cut, speared, broken or destroyed

at any time ; and any .<mch traps, snares, gins, or other contriv-
ances so set may be destroyed by any person without such
person thereby incurring any liability therefor ; provided that
this section shall not apply to any person destroying any of
5 the said animals in defence or preservation of his property.

(4) Nothing in this section shall be held to prevent the de- When destruc-
struction of muskrats by any means, at any time, in the vicinity tio° of musk-
of dams, or drainage embankments where there is a probability ^^^^ ^^
of injury being caused by them to the said dams or drainage
10 embankments. R. S. O. 1897, c. 287, s. 9 ; 62 V. (2), c. 33, s. 6.

SUNDAY.

6. No person shall, on the Lord's Day, hunt, take, kill or Hunting on
destroy any game animal or bird, or use any gun or other lord's Day.
engine for that purpose. R. S. O. 1897, c. 287, s. 10.

15 POWERS OF LIEUTENANT-GOyERNOR-IN-COUNCIL AS TO CLOSE
SEASONS — UNORGANIZED TERRITORY.

7. — (1) The Lieutenant Governor in Council may from time Varying close
to time by Order in Council in that behalf vary the close season in cer- .
seasons for that portion of the territory of the Province lying dtstricts.^'"^
20 north and west of French River, Lake Nipissing and Mattawa
River, or any part of the said territory. 62 V. (2), c. 38, s. 15.

GAME BIRDS IN DANGER OF EXTINCTION.

(2) If at any time it shall appear that any migratory game protection of
bird is in danger of extinction, and that the hunting, shooting migratory

25 and sale thereof .has been, or is about to be, by law forbidden tain^oMes^"^
in any two or more of the United States of America lying to
the south of the Province of Ontario, one of such States being
the State of New York or the State of Pennsylvania or the
State of Michigan, the Lieutenant-Governor-in-Council may

30 by Order-in- Council in like manner protect such migratory
game bird in this Province for the period in which the same is
protected in such States. (New.)

(3) If at any time it shall appear that any game animal or protection of
non-migratory game bird has for any reason become so dimin- non-migratory

35 ished in numbers in this Province as to require further pro- dangerof ° '°
tection than is afforded thereto by the provisions of this Act, extinction,
the Lieutenant-Governor-in-Council may by Order-in-Council
forbid the hunting, shooting and sale thereof during any year
or season in which such hunting, shooting and sale would

40 under the provisions of this Act be lawful, (New.)

SPECIAL PROVISIONS FOR PROTECTION OF GAME, 88. 8-14.

DEER.

8. — (1) No person shall hunt, take, kill, wound or destroy License for
any deer, moose, reindeer or caribou, except upon the terms ^"°t'"fif deer.
45 and conditions of a license to be first obtained in that behalf,
as hereinafter provided. R.S.O. 1897, c. 287, s. 3 (1).

Cow moose, (2) No person shall at any time hunt, kill or take any cow

fa^°. e*c-»not nioose, or any fawn or young deer, moose, reindeer or caribou

to DO &lIX6CI. Til p / TiT \

under the age or one year. {Jyew).
Number of (3) No person shall during any one year or season kill or

<*^er, etc., take more in all than two deer, one bull moose or one bull 5
killed. reindeer or caribou ; provided that this shall not apply in the

case of deer which are the private property of any person and
which have been killed or taken by such person or by his
direction, or with his consent, in or upon his own lands or
premises. R.S.O. 1897, c. 287, s. 6 (3). 10

Hunting deer (4) No person shall take, capture, wound or kill any deer
in the water, -^hjie in, or immediately after leaving, any river, lake, or other
water, or with intent so to do, hunt or pursue the same.

This sub-section shall apply only to that portion of the
County of Bruce known as the Indian Peninsula. R.S.O. 1897, 15
c. 287, s. 5. 62 V. (2), c. 33, s. 31.
Hunting deer (5) Hunting or killing deer or.moose by what is known as
^ile yarding, » crusting," or while they are " yarding," is hereby declared

unlawful R.S.O. 1897, c. 287, s. 6 (4).
Hounds. (6) No owner of any hound, or other dog, known by the 20

owner to be accustomed to pursue deer, shall permit any such
hound or dog to run at large in any locality where deer are
usually found, during the close season for deer. Any person
harboring or claiming to be the owner of such hound or dog
shall be deemed to be the owner thereof ; and any hound or 25
dog found running deer during close season shall be deemed
to be at large with the permission of the owner thereof, and
may be killed on sight by any person, who shall not be liable
to any penalty or damages therefor. R. S. 0. 1897, c. 287,
s. 6 (2). 30

WATER FOWL.

Killing duck, 9. — (1) No wild ducks, geese, or other water fowl, shall be
etc., from sail hunted, taken or killed from sail-boats, yachts or launches,

' ' propelled by steam or other power.
Decoys, where (2) No dec(>ys for wild ducks or geese shall be placed at a .S5
to be placed, greater distance than seventy-five yards from the shore, or

from some natural growth of reeds or rushes in which a blind

may be made.
Illegal con- (3) No swivel guns, or guns of any kind of a larger bore or

trivances. guage than 10, and none of the contrivances for taking or ^q

killing wild swans, geese or ducks, which are described or

known as sunken punts, skegs, monitors or batteries, shall be

used at any time. R.S.O. 1897, c. 287, s. 13.

POISONS, TRAPS AND CONTRIVANCES.

Poisons, use of 10. — (1) No person shall kill or take any game animal or 45
prohibited. i^^^d by the use of poison, or poisonous substances, or expose
poison, poisoned bait or other poisoned substances in any
place or locality where any game animal or bird, or any dogs
or cattle may usually have access to the same.

(2) None of the said hereinbefore mentioned animals or Trapping,
birds, other than those mentioned in section five, shall be snaring, etc.
trapped or taken by means of traps, nets, snares, gins, baited
lines, or other similar contrivances ; nor shall such traps, nets,
5 snares, gins, baited lines or contrivances be set for them or any
of them, at any time ; and such traps, nets, snares, gins, baited
lines or contrivances may be destroyed by any person, without
such person thereby incurring any liability therefor, if he
finds them so set. RS.O. 1897, c. 287, ss. 11, 12.

10 11. No person shall discharge any gun or other fire-arm at Shooting at
any game bird or animal between half an hour after sunset "'^ht time,
and half an hour before sunrise, according to the times given
for sunset and sunrise in the publication known as the Canadian
Almanac. RS.O. 1897, c. 287, s. 8 (1).

15 SHOOTING FOR HIRE FORBIDDEN.

13. No person shall for hire, gain or hope of reward, hunt, Hired hunters,
kill or shoot any game birds or animals, or employ, hire or for
valuable consideration induce any other person so to do.
Provided that this shall not be held to apply to the bona fide
20 employment of any person as guide to accompany any person
lawfully hunting or shooting in this Province. 62 V. (2), c.
33, s. 5.

EGGS.

13. No eggs of any game bird shall be taken, destroyed or Eggs not to be
25 had in possession by any person at any time. RS.O. 1897, c. taken.

287, s. 8 (2).

MASKS AND DISGUISES.

1 4. Any person being masked or disguised and carrying or Masked or
having in his possession any gun or other fire-arm near any fn neighbour"^

30 preserve or shooting ground, or ( in close season near any hood of
place where game is usually found) shall be guilty of an ofience reserves, etc.
under this Act. RS.O. 1897, c. 287, s. 27.

POSSESSION, PURCHASE AND SALE.

15. — (1) Except as expressly authorized by license issued Having in
35 under this Act, or by and for the private use of the owner of during^ciose
game lawfully killed or procured, no person shall have in his season,
possession, or in the possession of any servant, agent or other
person on his behalf, any game animal or bird, or any part
thereof, no matter where killed or procured, during the close
40 season therefor. 62 V. (2), c. 33, s. 5.

(2) Except as expressly authorized by license issued under Selling with-
this Act, and as in this section expressly provided, no person °^^ license,
shall by himself, his servant, clerk or agent, buy, sell, or ex-
pose or keep for sale, or directly or indirectly, on any pretense
45 or device, or for any valuable consideration, barter, give or

obtain, to or from any other person, any game animal or bird.
Proviso o^ ^^y P^'^^ thereof, no matter where killed or procured. Pro-

vided that the person who has actually and lawfully hunted,
taken and killed any game animal or bird may sell the same,
or any part thereof, during the open season therefor. Provided 5
also that it shall be lawful to buy from such person, or from
the holder of a game dealer's license, any game animal or bird,
which such person or licensee is at the time of such sale auth-
Proviao. orized to sell under the provisions of this Act. Provided also

that notwithstanding anything in this Act contained, no snipe, lo
woodcock, quail or partridge shall bej^bought or sold before
September 15th, 1905. 62 V. (2), c. 33, s. 5.

Supplying (3) Except as expressly authorized by license under this Act,

game at meals. ^^ hotel, resturaunt or club shall supply for or as a part of any

meal for which a charge is made, any game animal or bird, or 15
any part thereof, no matter where killed or procured, during
the close season therefor. 62 V. (2), c. 33, s. 5.

TRANSPORTATION AND EXPORTATION OF GAME.

Transporting
deer, etc.,
without ship-
ping coupons.

AflBi davit that
game legally
taken.

Game killed
in other
Provinces.

Exporting
deer, etc.

16. — (1) No common carrier or other person shall trans-
port, or receive, or have in possession for that purpose in this 20
Province, at any time, any deer, moose, elk, reindeer, or cari-
bou, or any head, skin or other part thereof, unless there is
attached thereto one of the shipping coupons belonging to
a license authorizing the shipper to hunt or kill the same as
provided in this Act. 62 V. (2) c. 33, s. 7. 25

(2) No common carrier or other person shall transport or
receive or have in possession for that purpose in this Province,
any game bird or animal, or any head, skin, or other part
thereof, during the close season therefor, unless there be
attached thereto (in addition to a shipping coupon if required) 30
an affidavit of the shipper that the same was lawfully hunted
and taken. 62 Y. (2) c. 33, s. 7.

(3) The two preceding sub-sections shall not apply to pre-
vent the transportation of any deer, moose, elk, reindeer or
caribou, or any head, skin or other part thereof, if accompanied 35
by an affidavit that the same was lawfully killed in some other
Province of the Dominion of Canada according to the law of
such Province. 62 V. (2) c. 33, s. 8 pt.

(4) Any non-resident who may at any time be entitled to
hunt or shoot within the Province of Ontario by virtue of a 40
license under this Act, shall, so far as the authority of the
Legislature of the Province of Ontario extends, be at liberty

to export out of the Province in any one season game actually
killed by him, as follows : Deer (not exceeding 2), duck (not
exceeding 100) ; but a shipping coupon attached to such 45
license as hereinafter provided must be attached to every such
deer and to every parcel or package containing such other
game, and such person must, if required by any warden or
deputy warden, make a statutory declaration of the fact that

such game has been lawfully killed by him. E,. S. O. 1897, c,
287, 88. 4 (3), 14 (3), 62 V. (2) c. 33, s. 2 (^1).

(5) Except as aforesaid, no person shall at any time export
from the Province of Ontario, or with such intent hunt, take
5 or kill any game animal or bird, except any deer, moose, elk,
reindeer or caribou which are not wild but which are the
private proverty of any person and have been killed or taken
by such person or by his consent or direction in and upon his
own lands and premises. R S. O. 1897, c. 287, s. 14 (3).

10 (6) Every express company and common carrier, and every Right of
person or corporation engaged in the business of purveying or search,
dealing in game, shall upon request permit any warden or
deputy warden to enter and inspect any building or car for
the purpose of searching for game illegally killed or possessed,

15 and shall afford such warden or deputy warden all reasonable
facilities in making such search. 62 V. (2) c. 33, s. 8 pt.

(7) All bags, boxes and parcels of every kind in which game Boxes to be so
is packed for transportation, shall be so constructed as to show constructed as
the contents thereof and shall be marked or labelled with the tents.
20 description of the contents and the name and address of the
^ owner thereof. 62 V. (2) c. 33, s. 8.

PRESERVES. SS. 17-19. RONDEAU PROVINCIAL
PARK PRESERVES.

17. — (1) No person shall at any time shoot, hunt, take or Killing game
25 kill any partridge, prairie fowl, quail, woodcock, snipe, wild birds in
turkey or other bird or fowl whatsoever, within the bound- Pa°k.^*"
aries of the Rondeau Provincial Park ; nor shall any one
shoot, hunt, trap, take or kill any wild bird or animal in the
said park, except foxes, skunks, weasels, owls, hawks or other
30 noxious birds or animals, and then only with the consent and
authority of the ranger of the said park in writing first had
and obtained.

(2) The preceding sub-section of this section shall not pre-
vent or apply to the shooting or taking of wild duck or geese

35 in the waters around and along the coasts' of said park during
the lawful season.

(3) The Lieutenant-Governor-in-Council may, by Order in
Council in that behalf, make special provisions for regulating
the shooting*, hunting, taking or killing of any bird or fowl

40 protected by the provisions of this Act, within two miles of
Rondeau park or within Rondeau harbor. R.S.O. 1897, c. 287,
s. 16.

PRESERVES BY ORDERS IN COUNCIL.

18. The Lieutenant-Governor-in-Council may, by Order in Orowngame
45 Council in that behalf, designate certain counties or portions preserves,
of counties in the Province in which it shall be unlawful to
hunt, take, pursue, kill, wound or destroy any deer at any

time oi the year, subject to such reservations in favour of the
residents or settlers in such counties as may be deemed reas-
onable. R. S. 0. 1897, c. 287, s. 15.

PRIVATE PRESERVES — PROPAGATION FOR STOCKING PURPOSES.

Protection of 19. — (1) In order to encourage persons who have hereto- 5
private fgre put, bred or imported, or hereafter put, breed or import

any kind of game upon their own lands with the desire to
breed and preserve the same, it is enacted that it shall not be
lawful for any person knowing it to be such game, to hunt,
shoot, kill or destroy any such game without the consent of 10
the owner of the lands upon which such game has been here-
tofore or is hereafter so put, bred or imported, wherever such
ProviBo. game may be found. Provided that this shall not be held to

prevent any pejson from shooting or hunting upon his own
lands, or upon any lands over which he has a legal right to 15
sh(?ot or hunt, any game which he does not know, or has not
good reason to believe, had been theretofore put, bred or im-
ported by some other person upon his own lands with the
desire to breed and preserve the same.

Sale for breed- (2) In order to encourage the propagation of deer, game 20
ing purposes, ^ir^s or other game animals in parks or preserves, regulations
may be adopted by the Board of Game Commissioners, subject
to the approval of the Lieutenant-Governor in Council, auth-
orizing any person ov/ning game birds or animals, and having
them on his property, to sell or dispose of the same at any 25
time for propagation or stocking purposes. R.S.O. 1897, c.
287, ss. 17-18.

Regulations as (3) By special regulation of the Board of Game Commission-
to deer which gj.g^ approved by order of the Lieutenant- Governor-in- Council,
preserves. the provisions of this A.ct relating to deer may be from time 30
to time suspended, altered or modified with regard to deer
which have been heflfetofore, or may hereafter be, put, bred or
imported upon any private preserve which is either so situated,
or so completely fenced that in the opinion of the said Board it
is not possible for the wild deer of the Province to have access 35
thereto and to mingle with the deer so put, bred or imported
therein. {New.)

TRESPASS IN PURSUIT OF GAME.

Entering on ^^ — (1) No person shall, at any time, enter itto any grow-
lands of an- ing or standing grain not his own with sporting implements 40
notice^not'^to ^-bout his person, nor permit his dog or dogs to enter into such
do so. growing or standing grain without permission of the owner or

occupant thereof, and no person shall, at any time, hunt or
shoot upon any enclosed land of another after having had
notice not to hunt or shoot thereon ; and any person who, 45
without the right to do so, hunts or shoots upon any enclosed
land of another after having had notice not to hunt or shoot
thereon, shall be deemed guilty of violation of this Act.

9
(2) Any owner or occupant of land may give such notice: Notice to tres- **

. .,. passers, how

{a) Verbally or ni writing ; or given.

(6) By maintaining sign boards at least one foot square,
containing such notice in the following form, or
5 to the like effect : " Hunting or shooting on these

lands forbidden under Ontario Game Laws," on
or near the boundary of the land intended to be
protected, at such distance as will permit of every
sign board being clearly visible from the sign board
10 on either side ; or

(c) By maintaining such sign boards on or near the boun
dary of such land, or upon or near the shores of
any water covering the same, or any part thereof,
to the number of two for each fifty acres thereof.

15 (3) Any person who, without authority in that behalf, puts Putting up or
up, or causes to be put up, any such notice on any lands of iuterferinK
which he is not the owner, or the possession of which he is m'egany.*^^^
not legally entitled to, or who tears down, removes, injures,
defaces or interferes with any such notice, shall be deemed

20 guilty of a violation of this Act.

(4) Nothing in this section contained shall be so const.rued Common law
as to limit or in any way affect the remedy at common law of rights pre-
any such owner or occupant for trespass. "^'^^^ *

(5) For the purpose of this section, land, the boundary or Marsh lands.
9g any part of the boundary of which is a water line or line

between-land and water, or passes through a marsh or swamp,
or any land covered with water, or any land without sufficient
trees or obstructions to prevent any post hereinafter mentioned
being clearly visible from the nearest post on either side

;^Q thereof, shall be deemed to be enclosed, if posts are put up and
maintained on the boundary thereof, or on the boundary of
the part thereof, sought to be enclosed, at distances which
will permit of every post being clearly visible from the nearest
post on either side thereof, and so placed that the boundaries

o 5 will be sufficiently indicated by said posts. R. S. O. 1897, c.
287, s. 19; 62 V. (2), c. 33, s. 9.

GAME COMMISSIONERS.

31 — (1) The Board now constituted and known as the Board Board of
of Game Gommissioners of the Province of Ontario is hereby Game Com-

40 continued and shall continue to be composed of five members h!!^^con"'
who shall be appointed by the Lieutenant-Governor-in-Council, stituted.
and shall hold office each for the term of three years from the
date of his appointment, and, except the secretary (who may
be a member of said Board), shall serve without compensation

4-, either direct or indirect other than actual disbursements or
than as hereinafter provided. Commissioners may from time
to time, at the expiration of their terms of office, be re-ap-
pointed for further terms of three years.
2—100

Vacancies,
how filled.

Meetinets.

Duties.

(2) The Lieutenant-Governor-in-Council shall from time to
time as vacancies on the said Board occur, whether by ex-
piration of term, resignation or any other cause, make appoint-
ments to fill such vacancies, and shall appoint the president
and secretary of the said Board. '>

.(3) The said Board shall meet at least once and not oftener
than three tim^s each year, and shall make rules and regula-
tions as authoriz3(t by the 'provisions of this Act.

(4) It shall be the duty of the said Board to give all neces-
sary du'ections and to take all reasonable measures for securing 10
the enforcement of the -laws for the protection of game ; to
collect, classify and preserve all such statistics, data and in-
formation as they may think will tend to promote the objects
of such laws, to conduct all the necessary correspondence ; to
take charge of and keep all reports, books, paper, documents 15
or specimens which they may collect in the discharge of their
duties under this Act; and to prepare an annual report to the
Lieutenant-Governor on or before the 31st day of December
of each year, showing what has been done by them during the
year, and the manner in which their duties have been per- 20
formed, with such recommendations for the Legislative action,
if any, as the said Board may deem calculated to better pro-
mote the preservation of game within the Province. R. S. 0.
1897, c. 287, ss. 20, 21.

GAME WARDENS.

Compensatio n
of Secretary,
etc.

Chief Game 22 — (1) The Lieutenant- Govemor in Council upon the re-
Warden, commendation of the said Board may appoint a Chief Game
Warden, who shall act as secretary and business agent of the
said Board, and may also appoint other game wardens, not
exceeding four in number, whose duties shall be prescribed by 30
rules and regulations of the Board of Game Commissioners in
that behalf. The compensation of the Secretary and the said
Chief Warden and other wardens, and such allowance to the
Chairman of the Board of Game Commissioners as may be .
reasonable shall be fixed by the Lieutenant-Governor in Coun- 35
cil, and shall be paid out of the license fees and fines collected
under the provisions of this Act, and such other moneys as
may be appropriated for the purposes of this Act by the*Legis-
lature of the Province.

Provincial (2) The Lieutenant-Governor may confer upon any member 40

police. of the Provincial Police Force such powers or authority by this

Act conferred upon wardens as may be deemed proper.

Convicti( n on (3) Any of the wardens appointed under the provisions of
view. j^jjjg ^(.^ Qj. a^j^y Justice of the Peace may, upon his own view,

convict for any offence against the provisions of this Act. 45

Ex-officio (4) The Chief Game Warden and the (lither game and fish

JuBtioeH of the wardens appointed under the provisions of this section, and

the Commissioners appointed under the provisions of section

20, having taken the oath of office hereinafter prescribed shall
be ex-officio Justices of the Peace for all the purposes of this
Act, and of any regulations made under the authority thereof.

(5) This said Chief Warden and other wardens and the said Oi.t\\ of office
5 Commissioners shall, before acting as Justices of the Peace
under this Act, take and subscribe the following oath :

I. A. B., the Chief Game Warden, or one of the wardens or
Commissioners (as the case may be) appointed undeT the pro-
visions of The Ontario GaTne Protection Act, do solemly swear

10 that to the best of my judgment I will faithfully, honestly and
impartially fulfil, execute and perform the office and duty of
such Chief Game Warden, or game warden or Commissioner
(as the case may be), according to the true intent and meaning
pf The On'ario Game Protection Act, and of all regulations

15 made or to be made thereunder. So help me God. R. S. O,
1897, c. 287, ss. 22, 25.

DEPUTY-WARDENS,

33. — (1) The Board of Game Commissioners shall have the Deputy-ward-
power to appoint, or may authorize the chief game warden to ^Jnt^^f*"^"*'
20 appoint at any time, deputy-wardens in any part of the Prov-
ince for such period of time as they in their discretion may
determine, and to dismiss such deputy-wardens in the discre-
tion of the said Board. R. S. 0. 1897, c. 287. s. 22 (1).

(2) The Board of Game Conmiissioners shall have power to payment.
2,5 make regulations for payment of one or more deputy- wardens
by salary out of any portion of the license fees and fines col-
lected under the provisions of this Act which may by Order-
in-Council be from time to time placed at their disposal for
such purpose.

30 (3) It shall be the duty of every deputy- warden forthwith Duties as to
to seize all birds, animals, or portion of animals in the posses- ^ezuie, etc.
sion of any person contrary to the provisions of this Act, and
to bring the person in possession of the same before a Justice
of the Peace to answer for such illegal possession.

35 (4) It shall also be the duty of every deputy-warden to in- instituting
stitute proceedings against all persons found infringing the prosecutions,
provisions of this Act or any of them, and every deputy-war-
den may cause to be opened, or may himself open m case of
refusal, any bag, parcel, chest, box, trunk, or receptacle in

40 which he has reason to believe that game killed or taken dur-
ing the close season or peltries out of season are hidden.

(5) Every deputy-warden, if he has reason to suspect and Search
does suspect that game killed or taken during the close sea- warrants,
son or peltries out of season, are contained or kept in any
45 private house, shed or other building, shall make a deposition
according to Form A in the schedule annexed to this Act be-
fore a Justice of the I'eace, and demand a search warrant to
search such store, private house, shed or other building, and

Authority as
constables.

Sheriflfg,
police, etc , to
enforce Act.

PenaltieR,

recovery of.

Arrests with-
out process.

thereupon such Justice of the Peace may issue a search war-
rant according to Form B in said schedule.

(6) Persons duly appointed deputy-game wardens under the
provisions of this section shall be, and exercise the authority
of constables for the purposes of this Act. 5

(7) Sheriffs, deputy -sheriffs, Provincial police or constables,
county constables, police officers, wood rangers, Crown Lands
agents, timber agents, fire wardens and fishery inspectors or
overseers are vested with all the powers of deputy- wardens
and authorized and required to enforce the provisions of this 10
Act.

(8) Officers authorized to enforce the game laws, and al!
other persons, may recover the penalties for the violation
thereof in an action in their own name or by complaint or in-
dictment, and such prosecution may be commenced in any 15
county in which the offender is found or in which the offence
was committed.

(9) Any officer authorized under the provisions of this Act
to enforce the game laws may, without process, arrest any vio-
lator of said laws for an offence committed in his presence ; 20
and he shall with reasonable diligence cause him to be taken
before any Justict of the Peace for a warrant and trial either
in the county where the offence was committed or in the
county in which the violator was arrested, and jurisdiction in
all cases under this Act is hereby granted to all Justices of the 2-5
Peace, Magistrates, Stipendiary Magistrates and all othei-
courts, to be exercised in the same way and manner as if the
offence had been committed in their respective counties.

(10) Any officer who maliciously, or without probable cause,
abuses his power in such proceedings shall be guilty of an 80
offence under this Act.

(11) Every deputy-warden or other person authorized to
enforce the provisions of this Act and neglecting or refusing
so to do, or to perform any of the duties pertaining to their
office as above set forth, shall be guilty of an offence under 35
this Act. R S. 0. 1897, c. 287, ss. 22, 28, 24.

Oath of office. (12) Every deputy-warden shall immediately upon appoint-
ment take and subscribe the following oath : I, A. B., a
deputy-warden appointed under the provisions of The Ontario
Game Protection Act, 1900, do solemnly swear that to the 40
best of my judgment I will faithfully, honestly and impartially
fulfil, execute and perforin the office and duty of deputy-
warden according to the true intent and meaning of The On-
tario Game Protection Act, 1900, and of all regulations made
or to be made thereunder. So help me God. {New). 45

LICENSES, ss. 24-28.

General Provisions.

Licenses, 84. — (1) Every license to be issued as hereinafter piovided

form of. shall be in the form or forms from time to time established by

the Board of Game Commissioners. 50

Malicious
exercise of
powers.

Neglect of
duty.

(2) Every license shall be signed by the Chief Game War- Terms of.
den and countersigned by the Minister in charge of the
administration of this Act, or his deputy, and shall be in force

for one season only, the period of which shall be distinctly
5 therein specified.

(3) All fees paid for licenses may be collected by the Chief peea.
Game Warden, and shall be payable to the Piovincial Treas-
urer, to be applied to the expenses incurred in carrying out
the provisions of this Act.

10 (4) No license shall be issued to any person, or to any cor- Not to be

poration employing; any person, who may in such employ- i^^^^d to con-
, 1^1*' ■ , J p ir •iii.-Ai vioted persons,

ment may have been convicted oi an oiience against this Act

within two years next preceding the date of application for

such license. R. S. 0. 1897, c. 287, s. 3 ; 62 V, (2), c. 33, s. 5, pt.

15 (5) Licenses shall not be transferable and every person shall Illegal trans-
be guilty of an offence under this Act who shall buy, sell, ex- *®'^-
eliange, or in any way become a party to the transfer of any
license, or who shall in any way use, or attempt to use, a
license issued to any other person, and upon conviction of any

20 person for an offence against this subsection such license shall
be forfeited, and without further proceedings shall be deemed
to liave been cancelled. (New.)

HUNTING LICENSES,

25. — (1) The Chief Warden shall, subject to such rules and Chief Warden
25 regulations as may from time to time be made by the Board *» i^^ue.
of Game Commissioners, issue licenses to persons applying
therefor for the purposes and upon payment of the fees herein-
after specified, or in the case of residents of the Province of
Quebec, such fees as may be fixed by order in council under
30 section three (3).

NON-RESIDENTS.

(a) Authorizing persons not resident and domiciled in the To non-
Province of Ontario to hunt and shoot therein, residents,
subject in all respects to the provisions of this
35 Act. License fee $25.00. R.S.O., 1897. c. 287, s. 4,

(1).

DEER.

(A) Authorizing residents of the Province of Ontario to To residents,
hunt deer subject in all respects to tlie provisions
40 of this Act. License fee $2.00. R.S.O., 1897, c.

287, s. 3 (1).

MOOSE, REINDEER OR CARIBOU.

(r) Authorizing residents of the Province of Ontario to For moose,
hunt moose, reindeer or caribou subject in all re- reindeer or

cftpiboti

46 spects to the provisions of this Act. License fee

$10.00. (New).

LICENSES TO BE CARRIED UPON THE PERSON.

Production of
license on
demand.

Coupons to be
attached to
license.

Cancellation
of.

Duplicate
licenses.

(2) Every person who has obtained a lici-nse under this sec-
tion shall at all times when hunting;' carry such license on his
person, and shall at all reasonable times and as often as reason-
ably requested, produce and show the same to any person re- 5
questing him so to do, and on failure or refusal to do so shall
forfeit such license, and if found hunting or taking any deer
or other animal, for hunting which such license may be by him
required, shall, on proof of failure or refusal to comply with
such request, be deemed to have been guiltv of an offence 10
against this Act. 62 V. (2) c. 33, ss. 1, (2) 2, (2).

SHIPPfNG COUPONS.

126. — (1). There shall be attached to every license issued
unrler the preceding section two shipping coupons according
to the form established by the Board of Game Commissioners 55
as aforesaid, except that only one coupon shall be attached to
license to hunt moose, and when anj'' deer, moose, reindeer or
caribou, or any part thereof, or any game for export under
section sixteen of this Act, is presented for shipment at any
railway station, steamJDoat landing or other point of shipment, 20
one of the said coupons shall be signed and detached by the
person to whom the license is issued, in the presence of the
shipping agent or clerk in charge of the office at such point of
shipment, and attached to each deer or other animal, or part
thereof, or package as aforesaid, and thereupon such shipping 2,5
agent shall write across the face of such coupon the word
" cancelled " ; and any person, shipping agent or clerk neglect-
ing so to do, or shipping; or assisting in the shipment of any-
thing to which a shipping coupon is required to be attached,
without complying in all respects with the provisions of this 30
section, shall be guilty of an offence against this Act. R.S.O.,
1897, c. 287, s. 3 (3). ' 62 V. (2), c. 33, ss. 1, (1), 2 (1).

(2). 'The Chief Warden if satisfied that more than two ship-
ping coupons wall reasonably be required by a non-resident
applying for a license under Section 25a of this Act, may 3,5
issue to such non resident an additional duplicate license upon
payment of such additional fee and subject to such conditions
as may be established by regulation of the Board of Game
Commissioners.

Licen es,
issue of.

For cold
storage.

37.— (1) The Chief Warden shall, subject to such rules and 40
conditions, and upon payment of such fees, not exceeding the
amounts hereinafter specified, as may from time to time be
fixed and established by regulation of the Board of Game
Commissioners, issue licenses to persons applying therefor for
the purposes hereinafter specified. 45

COLD STORAGE.

{a) Authorizing any person or corporation engaged in the
business of cold storage of perishable articles to

keep any game animals or birds during the close
season therefor in any year and untj^l the com-
mencement of the next open season. License fee
$25.00. 62 v., (2), c. 33, s. 5.

5 <iAME DEALERS.

(6) Authorizing any person or corporation during the open For game
season and during such period in close season not dealers,
exceeding twenty days as may be fixed by regu-
lation of the Board of Game Commissioners, to buy

10 and sell, and, within the limits of the municipality

for which such license is issued, to expose for sale,
game animals and birds lawfully killed and pro-
cured ; and during such period and upon such con-
ditions as may be fixed and established by regu-

15 lation of the Board of Game Commissioners, game

animals and birds imported into the Province of
Ontario specified and described in such regulation
and lawfully hunted, killed or procured according
to the law of the Province, State or Country where

20 the same may have been killed or procured.

License fee in cities having a population of 100,000
or over, $50 : other cities, $25 ; incorporated towns
• and villages $10 ; townships $5. (New).

HOTELS, RESTAURANTS AND CLUBS,

25 (c) Authorizing a hotel, restaurant or club to supply dur- For restaur-

ing close season for or as part of a meal served ants, etc.
upon the premises of such hotel, restaurant or club,
any game animal or bird lawfully obtained during
the period in which the same may be sold under

30 game dealer's license as hereinbefore provided.

License fee $10. 62 V. (2) c. 33, s. 5.

LICENSED GUIDES.

38. — (1) The Chief Warden may, subject to such rules and Guides,
regulations as may from time to time be made by the Board licenses to.

35 of Game Commissioners, and upon the recommendation of any
justice of the peace, countersigned by any warden appointed
under said Act, issue to any fit and proper person applying
therefor, a license certifying that such person is qualified to
act as guide for hunting, shooting or fishing in any part or

40 district of this province specified in such license ; and the
Chief Warden shall in a book to be kept for that purpose
register the names of all peraons to whom such liceiises have
been issued in each year.

(2) T'-e issue of licenses to guides Under this section .>^liall be Discretion of
45 in the sole discretion of the Chief Warden, subject to appeal CliiofWardfn.
to the Board of Game Commissioners, who may from time to

time lay down rules for the guidance of the Chief Warden in
issuing suoh licenses.

Oanoellation (3) The said Hcenses may be cancelled or revoked at any
or revocation. ^^^^ ^^ ^j^^ qj^j^j Warden, who shall not incur any legal

responsibility for cancelling or refusing any license. 5

Fee for guides'
license.

(4) The fee to be paid for licenses issued under this section
shall be the sura of two dollars, or such smaller sum as the
Board of Game Commissioners may from time to time deter-
mine. 62 V. (2) c. 33. s. 11..

PENALTIES.

Offences in
respect of
deer, etc.,
penalty for.

39. — (1) Any person committing any offence under this
Act in respect of deer, moose, elk, reindeer, cariboo, beaver or
otter, or violating the provisions of section 14 or section 17
shall be liable for each offence to a fine not exceeding $50 and
not less than S20, together with the costs of prosecution, and 15
any person committing any other oflence against any of the
provisions of this Act shall be liable for each offence to a fine
not exceeding $25 and not less than $5, together with the
costs of prosecutioQ, and in default of immediate payment of
such fine and costs, shall be imprisoned in the common gaol of 20
the county where such conviction takes place, for a period
not exceeding three months. 62 V. (2), c. 33, s. 10 (1).

Persons prov- (2) Any person convicted of any offence under this Act, ex-
ed to have ggpt; ^n offence under section 14, shall, if such person be
ed, etc., im- proved to have been masked or disguised and in possession of "25
prisonraent of. any gun or other firearm ^t the time such offence was com-
mitted, be liable to be imprisoned for a period not exceeding
three months without the option of a fine. (New.)

(3) A violation of this Act shall constitute a separate offence
in respect of each and every game animal or bird which is the 30
subject thereof, though more than one violation of the same
kind or of a different kind and in respect of more than one
game animal or bird takes place at the same time or upon the
same day. R. S. 0. 1897, c. 287, s. 28 (4) Pt

(4) Any person ott'ending against any of the provisions of 35
this Act who has been once previously convicted of the same
or any other offence affainst this Act, shall be liable to a
penalt}- of not less than double the minimum penalty herein-
before provided for such second offence, and upon a third or
any subsequent conviction such person shall be liable to a 40
penalty of not less than the maximum penalty hereinbefore
provided. 62 \^ (2) c. 33, s. 10 (2).

(5) All guns, nets, decoys and ammunition, canoes, skiffs,
punts or boats, raw skins, hides of game animals, and all
peltries of otter, beaver and moose heads, and all game found 45
in the possession of \ iolatora of the law shall bo confiscated
and (except game) forwarded to the Chief Game Warden to
be sold and the proceeds thereof applied for the pur-

Separate

offences.

Second and
subsequent
offencts.-

Guns, nets,
boats, etc.,
confiscation of.

poses of this Act, and game so confiscated shall be given to
some charitable institution or purpose at the discretion of the
convicting justice ; but where a violation of the provisions of
section 20 of this Act has taken place through bona fide mis-
5 take or inadvertence, the convicting justice may relieve from
the operation of this section. 62 V. (2) c. 33, s. 12.

*(6) Ail fines imposed and collected in prosecutions under Application of
this Act in which game wardens or deputy wardens who may *^"®''-
be paid by salary, act as prosecutors, shall be paid to the
10 treasurer of the province to be applied in carrying out the
provisions of this Act. R. S. O. 1897, c. 287, s 29.

(7) All tines impo.sed and collected in prosecutions under when deputy-
this Act in which deputy wardens not paid by salary act as warden not
prosecutors, shall be paid to such deputy wardens. (New ) *'^^'

15 (8) One-half of every fine imposed and collected uniier the When private
provisions of this Act in which any other person acts as prosecutor
prosecutor, shall be paid to such prosecutor, or to the person
on whose evidence the conviction is made, as the justice may
determine, and the other one-half shall be paid to the Treas-

20 urer of the Province to be applied in carrying out the pro-
visions of this Act. R. S. O. 1897, c. 287, s. 29.

EVIDENCE.

30. — (1) In all actions and prosecutions under this Act the Evidence, po«-
possession of guns, decoys or other implements of shooting or session, etc,
25 hunting in or near any place where any game bird or animal
has been, or is likely to be found, shall be sufficient evidence
pritna facie that the person or persons in possession thereof,
were hunting or shooting such game bird or animal and of
their intention so to do. (New.)

30 (2) In all actions and prosecutions under this Act t^e onus onus of proof,
shall be upon any person found in possession of any game
bird or animal, or any part thereof, in close season, to prove
that such game bird or animal was lawfully hunted, taken,
killed and obtained. (New.)

35 (3) In all actions and prosecutions under this Act the onus
of proof of all facts or circumstances required by or relating
to any proviso or exception to any provision of this Act shall
rest upon the person claiming the benefit of any such proviso
or exception. {New).

40 (4) In all actioub and prosecutions under this Act evidence Having jmns
of any person having in his possession a gun, rifle or other etc., in posses-
tirearm, and being in or near any canoe, skiff punt or boat of *"^^
any kind, at or near any place where hunted deer are likely
to enter the water, shall be sufficient evidence 'prima facie that

45 such person was engaged in hunting deer with intent to
capture, take, wound or kill the same while in or immediately
after leaving the water. (New. )
3—100

compellable
witness

Defendant a (5) On the trial of any complaint, proceeding, matter or
°"™S!nt*Ki^'^^ question under this Act, the person opposing or defending, or
who is charged with any offense against or under any of the
provisions of this Act, shall be competent and compellable to"
give evidence in or with. respect to such complaint, proceeding, 5
matter or question, and on any such trial no person, witness
or party shall be excused from answering any question upon the
ground that the answer to such question may tend to criminate
him, or may tend to establish his liability to a civil proceed-
ing at the instance of the Crown or any other person, pro- 10
vided, however, that no evidence so given shall be used or
receivable in evidence against such person in any criminal
proceeding thereafter instituted against him. other than a
prosecution for perjury in giving such evidence. R. S. 0.
1897, c. 287, s, 38. ' "15

PROCEDURE.

Procedure on

xiuv;ouurt3 uii ^ ^ • — '^^^® following provisious shall have effect with respect
summary pro- to siunmary proceedings for offences, fines and penalties under
secutionB. ^.y^j^ ^^^ ._

Information,
when to be
laid.

Who may try.

DPBCription of
offence.

Exceptions,
etc., need not
be negatived
in complaint.

Cumulative
penalties in
one convic-
tion.

(1). The information shall be laid within six months after 20
the commission of the offence. 62. V. (2) c. 33, s. 13.

(2) All prosecutions under this Act may be brought and
heard before any of Her Majesty's justices of the peace in and
for the county or district where the penalty was incurred or
the offence was committed, or wrong done, or in the county or 2.5
district where the violator lives or is found, and in cities, towns
and incorporated villages in which there is a Police Magistrate
before such Police Magistrate, but no person charged with an
offence under this Act shall be compelled to atten< i before a
Magistrate at a greater distance from the place where he may 80
have been found or arrested or from his place of residence or
the place where the offence was committed, than ten miles, if
there is a Magistrate residing within that distance who is
willing to dispose of the case and is not interested in any way
therein, or related to or connected with any of the parties .•^5
thereto. R. S. O. 1897, c 287, s. 23 (4) 31.

(3) The des("ription of an oflfence in the words of this Act or
in any similar words shall be sufficient in law. R. S. 0. 1897,
c, 287, s 32, (2).

(4) Any exception, exemption, proviso, excuse or qualifica- 40
tion, whether it does or does not accompany the description of
the offence in this Act, may be proved by the defendant, but
need not be specified or negatived in the information or com-
plaint, and if so specified or negatived, no proof in relation to
the matters so specified or negatived shall be required on the 45
part of the informant or complainant. R. S. 0. 1897, c. 287, s.
32 (3).

(5) Upon tlie trial of any prosecution under this Act, the
Justice or Justices before whom the same is tried, shall, if it
appears that more than one offence of the same kind was com- 50

mitted at the same time, or on the same day, impose all the
penalties in one conviction which he or they are hereby em-
powered to do. R. S. O. 1897, c. 287, s. 28, (4) 'pt

(6) The Justice or Justices shall, in any such conviction ad- Imprisonment
5 judge that the defendant be imprisoned unless the penalty, and mentTof^fine.

also the costs and charges of prosecution and commitment and
of conveying the defendant to prison are sooner paid. R. S. 0.
1897, c. 287, s. 28, (2).

(7) The amount of the costs and charges of the commitment Warrant of
10 and conveying of the defendant to prison, shall be ascertained toTtTte'coeta

and stated in the warrant of commitment. R. S. 0. 1897, c.
287, 8. 28, (3).

(8) A conviction or order made in any matter arising under Convictions
this Act, either originally or on appeal, shall not be quashed quas*hed for

15 for want of form. R. S. O. 1897, c. 287, s. 32, (4). informality.

(9) In all prosecuting under this Act save when hereinbefore Procedure to
otherwise provided the procedure shall be governed by Tlie ^ M>verned
Ontario Summary Convictions Act. R. S. 0. 1897, c. 287, s. c.^to. "' *' '
31, pt.

20 INDIANS AND SETTLERS.

32.— (1) The provisions of this Act shall not apply to Indians Indians and
or settlers residing in any unorgani^ied township, or terri- fettlers kill-

1 ncT 6bC lor

tory not divided into townships of this Province, with regard food.
to any game killed for their own immediate use for food only,

25 and for the reasonable necessities of the person killing the same
and his family, and not for the purposes of sale or traffic. And
nothing herein contained shall be construed to affect any right
specially reserved to or conferred upon Indians by any treaty ^ . . . .
or regulations in that behalf made by the Government of the '"''* ^ ^

•^0 Dominion of Canada with reference to hunting on their re-
• serves or hunting-grounds, or in any territory specially set
apart for the purpose ; nor shall anything in this Act contained
apply to Indians hunting in any portion of the provincial terri-
tory as to which their claims have not been surrendered or ex-

35 tinguished ; provided, that no settler shall hunt, take, kill or
have in his possession any moose, reindeer or caribou except in
any year when the same may be lawfully killed according to
the provisions of this Act.

(2) The Lieutenant Governor in Council may from time to Exemption of

40 time by Order-in Coimci I in that Hebalf, exempt Indians or indjani. and
actual ho va fide settlers in the northern and northwesterly or Order-in-
other sparsely settled portions of the Province, whether the Council,
same be organized or unorganized, from any of the provisions
of this Act, which may be specified in such Order in Council.

45 R. S. O. 1897, c. 287, s. 34.

ORDERS IN COUNCIL.

33. All Orders-in-Council made under the authority of this ordera-in-
Act shall be read therewith and shall for all purposes be deemed Council to
to be a part thereof, and shall be published in the Ontario lawf

Oazette and shall take effect from and after the date of 8uch
Pabiic»tionof. Publication, All such Orders-in-Council shall also be published
in or in connection with the annual report of the Game Com-
missioners. (New).

BCHEDtJLE

FORM A.

(Section tS. )
Deposition for a Search Warrant.

\ undersigned do hereby deolar*

that I have reason to suspect, and do suspect, that game killed or taken
during the close season, or furs out of season, etc. (as the case may be),
are at present held and concealed (describe the property, occupant, etc.,
and the place).

Wherefore, I pray that a warrant may be granted and given to me to
effect the necessary searches (describe here the property, etc. , as nbove).

Sworn before me at this day of

A.D. 18 X. Y.

L. B.,

J. P.
R. S. O. 1897, c. 287, Form A.

FORM B.

(Section 2S.)

Search Wabran-b.

Province of Ontario,
County of

To each, and every, the constables of , County of

Whereas, , has this day declared, under oath,- before

me, the undersigned, that he has reason to suspect that (game or birds
killed m" taken during the close season, etc., as the case may be) are at
present held and concealed (describe property, occupant, place, etc.)

Therefore, you are commanded by these presents, in the name of Her
Majesty, to assist the said , and to dilligently help

him to make the necessary searches to find the (state the birds or ganu:
killed or taken duritu) the close season, or furs out of season, etc.,) which
he has reason to suspect, and does suspect, to be held and concealed in
(describe the property ^ etc., as above), and to deliver, if need there be,
the said birds, etc. (as the case may be) to the said to be

by him brought beiore me, or before any other magistrate to be death
with according to law.

Given under my hand and seal at county of

this day of , A.D. 1

L. B.,

J. P. . S,J

R,S,0. 1897 c. 287-8, Form B,

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^"•^°°-] BILL f"""-

An Act to amend and consolidate The Ontario Game
Protection Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. This Act may be cited as The Ontario Game Protection Short title.
Act, 1900. R S. O. 1897, c. 287, s. 1.

3. — (1) The expressions "game animal" and " game bird " Interpreta-
wherever the same occur in this Act, shall mean a bird or ankaar*^""^
animal protected by the provisions of this Act. R. S. 0. 1897, "game bird,
c. 287, s. 2.

(2) In this Act the expression " close season " shall mean the " Close
period in which any game animal or bird is protected and the "Open
expression " open season " shall mean the period in which any season,
game animal or bird is permitted to be hunted, taken or killed
by the provisions of this Act. {New).

^(8) Minister shall mean the member of the Executive
Council having charge of the administration of this Act.'®*

NON-RESIDENTS.

3. — (1) No person not being resident and domiciled in the Non-residents
Province of Ontario shall hunt, take, kill, wound or destroy — ^><=^°s® *'"'•
any game bird or animal except upon the terms and conditions
of a license to be first obtained in that behalf as hereinafter
provided. R. S. 0 1897, c. 287, s. 4 (1).

(2) The Minister may grant a special permit to enable a Permit to
guest of a resident of the Province to hunt and shoot therein ^"^^' °^
without a license for a term not exceeding one week. R. S. O.

1897, c. 287, s. 4 (4).

(3) The Lieutenant-Governor in Council may by Order-in- Licenses to
Council from time to time make res:ulations for the issue of residents of

otiiGr

licenses to residents of other provinces of the Dominion of Provinces.
Canada for hunting and shooting in the Province of Ontario
upon payment of a reduced license fee or upon the same terms
and conditions as residents of the Province of Ontario are,
under the provisions of the laws of such provinces respectively
permitted to hunt or shoot therein. R.S.0. 1897, c. 287, s. 4 (5).

CLOSE SEASONS.— S.S. 4-7.

Close season
for deer.

Moose, etc.

Elk, wapiti.

Game birds,
etc.

Grouse, etc.,

black and grey

squirrels aad

hares.

Quail and wild

turkeys.

Swans and
geese.

Ducks and
other water-
fowl.

Snipe, rail,
plover, etc.

Wild turkeys,
phea'jants.

Cotton-tail
abbits.

Beaver and
otter.

Muskrat.

4. — (1) No deer shall be hunted, taken or killed between
the 15th day of November and the 1st day of November of
the following year.

(2) No moose, reindeer or caribou shall be hunted, taken or
killed except between the 1st day of November and the 15th
day of November in the year 1 900 and in every third year
thereafter. R. S. O. 1897, c. 287, s. 6 (1); 62 V. (2), c. 33, s. 4.

(3) No elk or wapiti shall be hunted, taken or killed at any
time in Ontario. [New.)

(4) No person shall hunt, take, kill or destroy, or pursue
with such intent : —

(a) Any grouse, pheasants, prairie fowl or partridge,
woodcock, quail, wild turkey, black and grey
squirrels and hares between the fifteenth day of
December and the fifteenth day of September in
the following year ;

(6) Any swans or geese between the first day of May and
the fifteenth day of September of the same year ;

(c) Ducks of all kinds or any other waterfowl between
the fifteenth day of December and the first day of
September of the following year ;

{d) Snipe, rail, plover or any other birds known as shore
birds or waders between the fifteenth day of
December and the fifteenth day of September of
the following year. R S. 0. 1897, c. 287, s. 7 (1).

(5) Notwithstanding anything in this section contained no
wild turkeys shall be hunted, taken or killed at any time
before the fifteenth day of October, 1905, and no prairie fowl
or English or Mongolian pheasants before the fifteenth day of
September, 1905. R. S. 0. 1897, c. 287, s. 7 (2).

(6) Notwithstanding anything in this Act, any person may
during close season take or kill the wood hare or cotton-tail
rabbit by any other means than by the use of guns or other
fire-arms. R. S. O. 1897, c. 287, s.' 7 (3).

BEAVER, OTTER, MUSK RATS, ETC.

5. — (1) No beaver or otter shall be hunted, taken or killed
or had in possession by any person before the first day of Nov-
ember, 1905; and thereafter no beaver or otter shall be hunted,
taken or killed or had in possession of any person between the
first day of April and the first day of November, nor shall any
traps, snares, gins, or other contrivances be set for them during
such period.

(2) No muskrat shall be hunted, taken or killed or had in
possession of any person between the first day of May and the
first day of January of the following year, nor shall any traps,
snares, gins, or other contrivances be set for them during such
period.

(3) No muskrat shall be shot during the month of April; nor Muakrat
shall any muskrat house be cut, speared, broken or destroyed ""^^^' ^ °'
at any time ; and any such traps, snares, gins, or other contriv-
ances so set may be destroyed by any person without such
person thereby incurring any liability therefor ; provided that

this section shall not apply to any person destroying any of
the said animals in defence or preservation of his property.

(4) Nothing in this section shall be held to prevent the de- When destruc-
struction of muskrats by any means, at any time, in the vicinity r'^TawhiT^'
of dams, or drainage embankments where there is a probability

of injury being caused by them to the said dams or drainage
embankments. R. S. O. 1897, c. 287, s. 9 ; 62 V. (2), c. 33, s. 6

SUNDAY.

6. No person shall, on the Lord's Day, hunt, take, kill or Huntinsr on
destroy any game animal or bird, or use any gun or other *^'

engine for that purpose. R. S. O. 1897, c. 287, s. 10.

POWERS OF LIEUTENANT-GOVERNOR-IN-COITNCIL AS TO CLOSE
SEASONS — UNORGANIZED TERRITORY.

7. — (1) The Lieutenant Governor in Council may from time Varying dose
to time by Order in Council in that behalf vary the close tai'n^^utl'yi'ng
seasons for that portion of the territory of the Province lying districts,
north and west of French River, Lake Nipissing and Mattawa
River, or any part of the said territory. 62 V. (2), c. 33, s. 15.

. GAME BIRDS IN DANGER OF. JIXTJNOTION.

(2) If at any time it shall appear that any migratory game Protection of
bird is in danger of extinction, and that the hunting, shooting ™J.d^g**n'cer-
and sale thereof has been, or is about to be, by law forbidden tain cases,
in any two or more of the United States of America lying to

the south of the Province of Ontario, one of such States being
the State of New York or the State of Pennsylvania or the
State of Michigan, the Lieutenant- Governor-in-Council may
by Order-in- Council in like manner protect such migratory
game bird in this Province for the period in which the same is
protected in such States. (New.)

(3) If at any time it shall appear that any game animal or Protection of
non- migratory game bird has for any reason become so dimin- bhdrw1ien"hf
ished in numbers in this Province as to require further pro- darger of
tection than is afforded thereto by the provisions of this Act, extinction,
the Lieutenant-Governor-in-Council may by Order-in-Council

forbid the hunting, shooting and sale thereof during any year
or season in which such hunting, shooting and sale would
under the provisions of this Act be lawful, (New.)

SPECIAL PROVISIONS FOR PROTECTION OF GAME, SS. 8-14.

DEER.

8. — (1) No person shall hunt, take, kill, wound or destroy License for
any deer, moose, reindeer or caribou, except upon the terms °° *"^

Hunting deer
in the water.

and conditions of a license to be fifst obtained in that behalf,
as hereinafter provided. R.S.O. 1897, c. 287, s. 3 (1).

Cow moosp, (2) No person shall at any time hunt, kill or take any cow

l*^'''^*^-'?'^' moose, or young moose, reindeer or caribou under the age of
one year. (New).

Number of ^3^ No person shall during any one year or seasx^n kill or

which may be take more in all than two deer, one bull moose or one bull
killed. reindeer or caribou ; provided that this shall not apply in the

(4) No person shall take, capture, wound or kill any deer
while in, or immediately after leaving, any river, lake, or other
water, or with intent so to do, hunt or pursue the same.

This sub-section shall apply only to that portion of the
County of Bruce known as the Indian Peninsula. R S.O. 1897,
c. 287, s. 5. 62 V. (2), c. 33, s. 31.

(5) Hunting or killing deer or moose by what is known as
"crusting," or while they are "yarding," is hereby declared
unlawful R S.O. 1897, c. 287, s. 6 (4).

(6) No owner of any hound, or other dog, known by the
owner to be accustomed to pursue deer, shall permit any such
hound or dog to run at large in any locality where deer are
usually found, during the close season for deer. Any person
harboring or claiming to be the owner of such hound or dog
shall be deemed to be the owner thereof ; and any hound or
dog found running deer during close season shall be deemed
to be at large with the permission of the owner thereof, and
may be killed on sight by any person, who shall not be liable
to any penalty or damages therefor. R. S. 0. 1897, c. 287,
s. 6 (2).

Hunting deer
while yarding,
etc.

Hounds.

WATER FOWL.

Killing duck, 9. — (1) No wild ducks, geese, or other water fowl, shall be
^^M'iJTf" *^^^ hunted, taken or killed from sail- boats, yachts or launches,
propcdled by steam or other power.

(2) No swivel guns, or guns of any kind of a larger bore or
gu!»ge than 8, and none of the contrivances for taking or
killing wild swans, geese or ducks, which are described or
known as sunken punts or batteries, shall be used at any time.
R.S.O. 1897, c. 287, s. 13.

boats, et?

Illegal con
trivances.

Poii ons, use of
prohibited.

POISONS, TRAPS AND CONTRIVANCES.

10. — (1) No person shall kill or take any game animal or
bird by the use of poison, or poisonous substances, or expose
poison, poisoned bait or other poisoned substances in any
place or locality where any game animal or bird, or any dogs
or cattle may usually have access to the same.

(2) None of the said hereinbefore mentioned animals or Trapping,
birds other than those mentioned in section five, shall be snaring, etc.
trapped or taken by means of traps, nets, snares, gins, baited
lines, or other similar contrivances ; nor shall such traps, nets,
snares, gins, baited lines or contrivances be set for them or any
of them, at any time ; and such traps, nets, snares, gins, baited
lines or contrivances may be destroyed by any person, without
such person thereby incurring any liability therefor, if he
finds them so set. RS.O. 1897, c. 287, ss. 11, 12.

11. No person shall discharge any gun or other fire-arm at shooting at
any game bird or animal between half an hour after sunset °'sht time,
and half an hour before sunrise, according to the times given

for sunset and sunrise in the publication known as the Canadian
Almanac. RS.O. 1897, c. 287, s. 8 (1).

SHOOTING FOR HIRE FORBIDDEN.

12. No person shall for hire, gain or hope of reward, hunt, Hiredhuntere.
kill or shoot any game birds or animals, or employ, hire or for
valuable consideration induce any other person so to do.
Provided that this shall not be held to apply to the bona fide
employment of any person as guide to accompany any person
lawfully hunting or shooting in this Province. 62 V. (2), c.

33, s. 5.

EGGS.

13. No eggs of any game bird shall be taken, destroyed or Eggs not (obe
ha'l in possession by any person at any time. R.S.O. 1897, c. taken.

287, s. 8 (2).

MASKS AND DISGUISES.

1 4. Any person being masked or disguised and carrying or Masked or
having in his possession any gun or other fire-arm near any *„ neighbour"*
preserve or shooting ground, (or in close season near any hood of
place where game is usually found) shall be guilty of an offence reserves, etc.
under this Act. RS.O. 1897, c. 287, s 27. -

POSSESSION, PURCHASE AND SALE.

15. — (1) Except as expressly authorized by license issued Having in
under this Act, or by and for the private use of the owner of dudng^^c'ose
game lawfully killed or procured, no person shall have in his s ason.
possession, or in the possession of any servant, agent or other
person on his behalf, any game animal or bird, or any part
thereof, no matter where killed or procured, during the close
season therefor. 62 Y. (2), c. 33, s. 5.

(2) Except as expressly authorized by license issued under Selling with-
this Act, and as in this section expressly provided, no person °"*' license,
shall by himself, his servant, clerk or agent, buy, sell, or ex-
pose or keep for sale, or directly or indirectly, on any pretense
or device, or for any valuable consideration, barter, give or

Pioviso.

obtain, to or from any other person, any game animal or bird,
or any part thereof, no matter where killed or procured. Pro-
vided that the person who has actually and lawfully hunted,
taken and killed any game animal or bird may sell the same,
or any part thereof, during the open season therefor. Provided
also that it shall be lawful to buy from such person, or from
the holder of a game dealer's license, any game animal or bird,
which such person or licensee is at the time of such sale auth-
orized to sell under the provisions of this Act. Provided also
that notwithstanding anything in this Act contained, no snipe,
woodcock, quail or partridge shall be bought or sold before
•September 15th, 1905. 62 V. (2), c. 33', s. 5.

(3) Except as expressly authorized by license under this Act,
g»me at meals, j^q hotel, resturaunt or club shall supply for or as a part of any
meal for which a charge is made, any game animal or bird, or
any pait thereof, no matter where killed or procured, during
the close f-eason therefor. 62 V. (2), c. 33, s. 5.

Proviso.

Supplying

Transpoiting
deer, etc,
without ship-
ping coupon.^.

Affidavit that
game legally
taken.

Oam" k lied
in other

I'lovnices.

Exporting
eer, etc.

TRANSPORTATION AND EXPORTATION OF GAME.

16. — (1) No common carrier or other person shall trans-
port, or receive, or have in possession for that purpose in this
Piovince, at any time, any deer, moose, elk, reindeer, or cari-
bou, or any head, skin or other part thereof, unless there is
attached thereto one of the shipping coupons belongiug to
a license authorizing the shipper to hunt or kill the same as
provided in this Act. 62 V. (2) c. 33, s. 7.

(2) No common carrier or other person shall transport or
receive or have in po«se>sion for that purpose in this Province,
any game bird or animal, or any head, skin, or other part
thereof, during the close season therefor, unless there be
attached thereto (in additi<m to a shipping coupon if required)
an affidavit of the shipper that the same was lawfully hunted
and taken. 02 V. (2)c. 33,s. 7.

(3) The two preceding sub-sections shall not apply to pre-
vent the transportation of any deer, moose, elk, reindeer or
caribou, or any head, ekin or other part thereof, if accompanied
by an affidavit that the same was lawfully killed in some other
Province of the Dominion of Canada according to the law of
such Province. 62 V. (2) c. 33, s. 8 pt.

(4) Any non-resident who may at. any time be entitled to
hunt or .shoot within the Province of Ontario by virtue of a
license under this Act, shall, so far as the authority of the
Legislature of ihe Piovince of Ontario extends, be at liberty
to export out of the Province in any one open season game
actually and lawfully killed by him, as follows : ^^one bull
moose, reindeer or cariboo,"^^ deer (not exceeding 2), duck (not
exceeding 100) ; but a shipping coupon attached to such
license as hereinafter provided must be attached to every such
deer and to every parcel or package containing such other
game, and such person' must, if required by any warden or
deputy warden, make a statutory declaration of the fact that

such game has been lawfully killed by him. R. S. 0. 1897, c.
287, ss. 4 (3), 14 (3), 62 V. (2) c. 33, s. 2 (1)-

(5) Except as aforesaid, no person shall at any time export
from the Province of Ontario, or with such intent hunt, take
or kill any game animal or bird, except any deer, moose, elk,
reindeer or caribou which are not wild but which are the
private proverty of any person and have been killed or taken
by such person or by his consent or direction in and upon his
own lands and premises. R. S. O. 1897, c. 287, s. 14 (3).

(6) Every express company and commm carrier, and every Ri^ht of
person or corporation engaged in the business of purveying or search.
dealing in game, shall upon request permit any warden or
deputy warden to enter and inspect any building or car for

the purpose of searching for game illegally killed or possessed,
and shall afford such warden or deputy warden all reasonable
facilities in making such search. 62 V. (2) c. 33, s. 8 pt.

(7) All bags, boxes and parcels of every kind in which game Boxes to be so
is packed for transportation, shall be so constructed as to show const ucted as
the contents thereof and shall be marked or labelled with the tents,
description of the contents and the name and address of the

owner thereof. 62 V. (2) c. 33, s. 8.

PRESERVES. S3. 17-19. RONDEAU PROVINCIAL
PARK PRESERVES,

17. — (1) No person shall at any time shoot, hunt, take or Ki.linggame
kill any partridge, prairie fowl, quail, woodcock, snipe, wild birds in
turkey or other bird or fowl whatsoever, within the bound- pa°k.*^" ■
aries of the Rondeau Provincial Park ; nor shall any one
shoot, hunt, trap, take or kill any wild biid or animal in the
said park, except foxes, skunks, weasels, owls, hawks or other
noxious birds or animals, and then only with the consent and
authority of the ranger of the said park in writing first had
and obtained.

(2) The preceding sub-section of this section shall not pre-
vent or apply to the shooting or taking of wild duck or geese
in the waters around and along the coasts of said park during
the lawful season.

(3) The Lieutenant-Governor-in-Council may, by Order in
Council in that behalf, make special provisions for regulating
the shooting, hunting, taking or killing of any bird or fowl
protected by the provisions of this Act, within two miles of
Rondeau park or within Rondeau harbor. R.S.O. 1897, c. 287,
s. 16.

PRESERVES BY ORDERS IN COUNCIL.

18. The Lieutenant-Governor-in-Council may, by Order inciowngame
Council in that behalf, designate certain counties or portions i reserves,
of counties in the Province in which it shall be unlawful to
hunt, take, pursue, kill, wound or destroy any deer at any

time ot the year, subject to such reservations in favour of the
residents or settlers in such counties as may be deemed reas-
onable. R. S. O. 1897, c. 287, s. 15.

PRIVATE PRESERVES — PROPAGATION FOR STOCKING PURPOSES.

Protection of

private

preserve?.

Proviso.

Sale for breed-
ing purposes.

19. — (1) In order to encourage persons who have hereto-
fore put, bred or imported, or hereafter put, breed or import
any kind of game upon their own lands with the desire to
breed and preserve the same, it is enacted that it shall not be
lawful for any person knowing it to be such game, to hunt,
shoot, kill or destroy any such game without the consent of
the owner of the lands upon which such game has been here-
tofore or is hereafter so put, bred or imported ; Provided that
this sub-section shall not be held to prevent any pejson from
shooting, hunting, ^^taking or killing any game"®* upon his
own lands, or upon any lands over which he has a legal right to
shoot or hunt.

(2) In order to encourage the propagation of deer, game
birds or other game animals in parks or preserves, regulations
may be adopted by the Board of Game Commissioners, subject
to the approval of the Lieutenant-Governor in Council, auth-
orizing any person ov;ning game birds or animals, and having
them on his property, to sell or dispose of the same at any
time for propagation or stocking purposes. RS.O. 1897, c.
287, ss. 17-18.

Entering on
lands of an-
other after
notice not to
do so.

Notice to tres-
passers, how
given.

TRESPASS IN PURSUIT OF GAME.

30 — (1) No person shall, at any time, enter into any grow-
ing or standing grain not his own with sporting implements
about his person, nor permit his dog or dogs to enter into such
growing or standing grain without permission of the owner or
occupant thereof, and no person shall, at any time, hunt or
shoot upon any enclosed land of another after having had
notice not to hunt or shoot thereon ; and any person who,
without the right to do so, hunts or shoots upon any enclosed
land of another after having had notice not to hunt or shoot
thereon, shall be deemed guilty of violation of this Act.

(2) Any owner or occupant of land may give such notice :

(a) Verbally or in writing ; or

(h) By maintaining sign boards at least one foot square,
containing such notice in the following form, or
to the like effect : " Hunting or shooting on these
lands forbidden under Ontario Game Laws," on
or near the boundary of the land intended to be
protected, at such distance as will permit of every
sign board being clearly visible from the sign board
on either side ; or

(3) Any person who, without authority in that behalf, puts Putting up or
up, or causes to be put up, any such notice on any lands of *°.*t'^^®"°"

■*■. . L I ^ t/ %/ With notices

which he is not the owner, or the possession of which he is illegally.

not legally entitled to, or who tears down, removes, injures,

defaces or interferes with any such notice, shall be deemed

guilty of a violation of this Act.

(4) Nothing in this section contained shall be so construed Common law
as to limit or in any way affect the remedy at common law of ^efved^'^
any such owner or occupant for trespass.

(5) For the purpose of this section, land, the boundary or Mareh lards,
any part of the boundary of which is a water line or line
between land and water, or passes through a marsh or swamp,

or any land covered with water, or any land without sufficient
trees or obstructions to prevent any post hereinafter mentioned
being clearly visible from the nearest post on either side
thereof, shall be deemed to be enclosed, if posts are put up and
maintained on the boundary thereof, or on the boundary of
the part thereof, sought to be enclosed, at distances which
will permit of every post being clearly visible from the nearest
post on either side thereof, and so placed that the boundaries
will be sufficiently indicated by said posts. R. S. 0. 1897, c.
287, s. 19; 62 V. (2), c. 33, s. 9.

GAME COMMISSIONERS.

2 1 — (1) The Board now constituted and known as the Beard Board of
of Game Gommissioners of the Province of Ontario is hereby Game Com-
continued and shall continue to be composed of five members h>wcon-
who shall be appointed by the Lieutenant-Governor-in-Council, stituted.
and shall hold office each for the term of three years from the
date of his appointment, and, except the secretary (who may
be a member of said Board), shall serve without compensation
either direct or indirect other than actual disbursements or
than as hereinafter provided. Commissioners may from time
to time, at the expiration of their terms of office, be re-ap-
pointed for further terms of three years.

(2) The Lieutenant-Governor-in-Council shall from time to Vacancies,
time as vacancies on the said L'oard occur, whether by ex- ^^'^ ^^'®^-
piration of term, resignation or any other cause, make appoint-
ments to fill such vacancies, and shall appoint the president

and secretary of the said Board.

(3) The said Board shall meet at least cnce and not oftener Meetini^s.
than three times each year, and shall make rules and regula-
tions as authorized by the provisions of this Act.

(4) It shall be the duty of the said Board to give all neces- Duties,
sary directions and to take all reasonable measures for securing

2—100

the enforcement of the laws for the protection of game ; to
collect, classify and preserve all such statistics, data and in-
formation as they may think will tend to promote the objects
of such laws, to conduct all the necessary correspondence ; to
take charge of and keep all reports, books, paper, documents
or specimens which they may collect in the discharge of their
duties under this Act ; and to prepare an annual report to the
Lieutenant-Governor on or before the 31st day of December
of each year, showing what has been done by them during the
year, and the manner in which their duties have been per-
formed, with such recommendations for tbe Legislative action,
if any, as the said Board may deem calculated to better pro-
mote the preservation of game within the Province. R. S. O.
1897, c. 287, ss. 20, 2L

GAME WARDENS.

n».ief Oame 22 — (1) The Lieutenant-Governor in Council upon the re-
*' *'"■ commendation of the said Board may appoint a Chief Game

Warden, who shall act as secretary and business agent of the
said Board, and may also appoint other game wardens, not
exceeding four in number^ whose duties shall be prescribed by
rules and regulations of the Board of Game Commissioners in
Oomiensation that behalf. The compensation of the Secretary and the said
etc' ^'"^^^'''^^' Chief Warden and other wardens, and such allowance to the
Chairman of the Board of Game Commissioners as may be
reasonable shall be fixed by the Lieutenant-Governor in Coun-
cil, and shall be paid out of the license fees and fines collected
under the provisions of this Act, and such other moneys as
may be appropriated for the purpo^,es of this Act by the Legis-
lature of the Province.

Provincial (2) The Lieuteiiant-Governor may confer upon any member

police. q£ ^YiQ Provincial Police Force such powers or authority by this

Act conferred upon wardens as may be deemed proper.

Convicti< n on (3) Any of the wardens appointed under the provisions of
this Act, or any Justice of the Peace may, upon his own view,
convict for any offence against the provisions of this Act.

Ex-officio (4) The Chief Game Warden and the other game and fish

PeL^e. ^^ ^ wardens appointed under the provisions of this section, and
the Commissioners appointed under the provisions of section
20, having taken the oath of office hereinafter prescribed shall
be ex-officio Justices of the Peace for all the purposes of this
Act, and of any regulations made under the authority thereof,

0.»th of ..ffice. (,5) This said Chief Warden and other wardens and the said
Commissioners shall, before acting as Justices of the Peace
under this Act, take and subscribe the following oath :

I. A. B., the Chief Game Warden, or one of the wardens or
Commissioners (as the case may be) appointed under the pro-
visions of The Ontario Game Protection Act, do solemly swear
that to the best of my judgment I will faithfully, honestly and

impartially fulfil, execute and perform the office and duty of
such Chief Game Warden, or game warden or Commissioner
(as the case may be), according to the true intent and meaning
of The On'ario Game Protection Act, and of all resculations
made or to be made thereunder, So help me God, R. S. 0,
1897, c. 287, ss. 22, 25.

DEPUTY-WARDENS.

33. — (1) The Board of Game Commissioners shall have the Deputy-ward-
power to appoint, or may authorize the chief game warden to meArof"*"*
appoint at any time, deputy- wardens in any part of the Prov-
ince for such period of time as they in their discretion may
determine, and to dismiss such deputy-wardens in the discre-
tion of the said Board. R. S. 0. 1897, c. 287. s. 22 (1).

(2) The Board of Game Commissioners shall have power to Payment,
make regulations for payment of one or more deputy- wardens

by salary out of any portion of the license fees and fines col-
lected under the provisions of this Act which may by Order-
in-Council be from time to time placed at their disposal for
such purpose.

(3) It shall be the duty of every deputy- warden forthwith Duties as to
to seize all birds, animals, or portion of animals in the posses- ^"^^^^> ***'•
sion of any person contrary to the provisions of this Act, and

to bring the person in possession of the same before a Justice
of the Peace to answer for such illegal possession.

(4) It shall also be the duty of every deputy-warden to in- instituting
stitute proceedings against all persons found infringing the prosecutions,
provisions of this Act or any of them, and every deputy -war-
den may cause to be opened, or may himself open m case of
refusal, any bag, parcel, chest, box, trunk, or receptacle in

which he has reason to believe that game killed or taken dur-
ing the close season or peltries out of season are hidden.

(5) Every deputy- ward en, if he has reason to suspect and Search
does suspect that game killed or taken during the close sea- warrants,
son or peltries out of season, are contained or kept in any
private house, shed or other building, shall make a deposition
according to Form A in the schedule annexed to this Act be-
fore a Justice of the Peace, and demand a search warrant to
search such store private house, shed or other building, and
thereupon such Justice of the Peace may issue a search war-
rant according to Form B in said schedule.

(6) Persons duly appointed deputy-game wardens under the Authority as
provisions of this section shall be, and exercise the authority constables,
of constables for the purposes of this Act.

(7) Sheriffs, deputy- sheriffs. Provincial police or constables. Sheriffs,*
county constables, police officers, wcod rangers. Crown Lands ^fo'j-ce'Act. "^
agents, timber agents, fire wardens and fishery inspectors or
overseers are ^^are hereby constituted and appointed"^
deputy- wardens and authorized and required to enforce the
provisions of this Act.

Arrests with-
out proces?.

Penalties, (8) Officers authorized to enforce the game laws, and al!

recovery o . qI\^qj, persons, may recover the penalties for the violation
thereof in an action in their own name or by complaint or in-
dictment, and such prosecution may be commenced in any
county in which the offender is found or in which the offence
was committed.

(9) Any officer authorized under the provisions of this Act
to enforce the game laws may, without process, arrest any vio-
lator of said laws for an offence committed in his presence ;
and lie shall with reasonable diligence cause him to be taken
before any Justice of the Peace for a warrant and trial either
in the county where the offence was committed or in the
county in which the violator was arrestc d, and jurisdiction in
all cases under this Act is hereby granted to all Justices of the
Peace, Magistrates, Stipendiary Magistrates and all other
courts, to be exercised in the same way and manner us if the
offence had been committed in their respective counties.

(10) Any officer who maliciously, or without probable cause,
abuses his power in such proceedings shall be guilty of an
offence under this Act.

(11) Every deputy-warden or other person authorized to
enforce the provisions of this Act and neglecting or refusing
so to do, or to.-perform any of the duties pertaining to their
office as above set forth, shall be guilty of an offence under
this Act. R. S. O. 1897, c. 287, ss. 22, 23, 24.

Oath of office. (12) Every deputy- warden shall immediately upon appoint-
ment take and subscribe the following oath : I, A. B., a
deputy- warden appointed under the provisions of The Ontario
Game Protection Act, 1900, do solemnly swear that to the
best of my judgment I will faithfully, honestly and impartially
fulfil, execute and perform the office and duty of deputy-
warden according to the true intent and meaning of The On-
tario Game Protection Act, 1900, and of all regulations made
or to be made thereunder. So help me God. (New).

^^(13) Any duty or authority which under this section may
be performed or authorized by a warden."®*

Malicious
exercise of
powers.

Neglect of
duty.

Licenses,
form ('f.

Terms of.

LICENSES, SS. 24-28.

General Provisions.

34,— (1) Every license to be issued as hereinafter piovided
shall be in the form or forms from time to time established by
the Board of Game Commissioners.

(2) Every license shall be signed by the Chief Game War-
den and countersigned by the Minister in charge of the
administration of this Act, or his deputy, and shall be in force
for one season only, the period of which shall be distinctly
therein specified.

(3) All fees paid for licenses may be collected by the Chief
Game Warden, and shall be payable to the Provincial Treas-

urer, to be applied to the expenses incurred in carrying ou
the provisions of this Act.

(4) No license shall be issued to any person, or to any cor- Not to Ve
poration employing any person, who may in such employ- vYcted persons,
ment may have been convicted of an offence against this Act

within two years next preceding the date of application for
such license. R S. 0. 1897, c. 287, s. 3 ; 62 V. (2), c. 33, s. 5, pt.

(5) Licenses shall not be transferable and every person shall lllpgal trans-
be guilty of an offence under this Act who shall buy, sell, ex-
change, or in any way become a party to the transfer of any

licei se, or who shall in any way use, or attempt to use, a
license issued to any other person, and upon conviction of any
person for an offence against this subsection such license shall
be forfeited, and without further proceedings shall be deemed
to have been cancelled. (Neiv.)

HUNTING LICENSES.

35.— (1) The Chief Warden shall, subject to such rules and Chi^f Wa.den
regulations as may from time to time be made by the Board
of Game Commissioners, issue licenses to persons applying
therefor for the purposes and upon payment of the fees herein-
after specified, or in the case of residents of ^^other Provinces of
the Dominion of Canada,"^* such fees as n.ay be fixed by order
in council under section three (3).

NON-RESIDENTS.

(a) Authorizing persons not resident and domiciled in the To non-
Province of Ontario to hunt and shoot therein, '■*'^'^'■"'^^•
subject in all respects to the provisions of this
Act. License fee S25.00. R.S.O., 1897. c. 287, s. 4,

DEER.

(6) Authorizing residents of the Province of Ontario to To resident-,
hunt deer subject in all respects to the provisions
of this Act. License fee $2 00. R.S.O., 1897, c.
287, s. 3 (1).

MOOSE, REINDEER OR CARIBOU.

(c) Authorizing residents of the Province of Ontario to For moose,
hunt moose, reindeer or caribou subject in all re- reindeer or
spects to the provisions of this Act. License fee
$5.00. (New).

LICENSES TO BE CARRIED UPON THE PERSON.

(2) Every person who has obtained a license under this sec- Production of
tion shall at all times when hunting carry such license on his license on
person, and shall at all reasonable times and as often as reason-

Coup ns to be
attached to
license.

Cancellation
of.

Duplicate
licenses.

ably requested, produce and show the same to any person re-
questing him so to do, and on failure or refusal to do so shall
forfeit such license, and if found hunting or taking any deer
or other animal, for hunting which such license may be by him
required, shall, on proof of failure or refusal to comply with
such request, be deemed to have been guilty of an offence
against this Act. 62 V. (2) c. 33, ss. 1, (2) 2, (2).

SHIPPIJ^JG COUPONS.

36. — (1). There shall be attached to every license issued
un<l6r the preceding section two shipping coupons according
to the form established by the Board of Game Commissioners
as afore.'^aid, except that only one coupon shall be attached to
license to hunt moose, and when a,ny deer, moose, reindeer or
caribou, or any part thereof, or any game for export under
section sixteen of this Act, is presented for shipment at any
railway station, steamboat landing or other point of shipment,
one of the said coupons shall be signed and detached by the
person to whom the license is issued, in the presence of the
shipping agent or clerk in charge of the office at such point of
shipment, and attached to each deer or other animal, or part
thereof or package as aforesaid, and thereupon such shipping
agent shall write across the face of such coupon the word
" cancelled " ; and any person, shipping agent or clerk neglect-
ing so to do, or shipping or assisting in the shipment of any-
thing to which a shipping coupon is required to be attached,
without complying in all respects with the provisions of this
section, shall be guilty of an offence against this Act. R.S.O.,
1897, c 287, s. 3 (3). ' 62 V. (2), c. 33, ss. 1, (1), 2 (1).

(2). The Chief Warden if satisfied that more than two ship-
ping coupons will reasonably be required by a non-resident
applying for a license under Section 25a of this Act, may
issue to such person non-resident ^license having more than
two coupons thereto,"^* an additional duplicate license upon
payment of such additional fee and subject to such conditions
as may be established by regulation of the Board of Game
Commissioners.

Licen-es,
issue of.

For cold
storage.

27. — (1) The Chief Warden shall, subject to such rules and
conditions, and upon payment of such fees, not exceeding the
amounts hereinafter specified, as may from time to time be
fixed and established by regulation of the Board of Game
Commissioners, issue licenses to persons applying therefor for
the purposes hereinafter specified.

COLD STORAGE.

(a) Authorizing any person or corporation engaged in the
business of cold storage of perishable articles to
keep any game animals or birds during the close
season therefor in any year and until the com-
mencement of the next open season. License fee
$25.00. 62 v., (2), c. 33,8. 5.

GAME DEALERS.

(6) Authorizing any person or corporation during the open For game
season and during such period in close season not d®*^^""^-
exceeding twenty days as may be fixed by regu-
lation of the Board of Game Commissioners, to buy
and sell, and, within the limits of the municipality
for which such license is issued, to expose for sale,
game animals and birds lawfully killed and pro-
cured ; and during such period and upon such con-
ditions as may be fixed and established by regu-
lation of the Board of Game Commissioners, *game
animals and birds imported into the Province of
Ontario specified and described in such regulation
and lawfully hunted, killed or procured according
to the law of the Province, State or Country where
the same may have been killed or procured.
License fee in cities having a population of 100,000
or over, $25 ; ^®'in other cities having a population
of over 50,000, $10 ; in other cities having a
population under 50,000 and over 25,000, $5 ; in
cities having a population under 25,000 and in
towns, $2 ; and in incorporated villages and town-
ships, $1."^

HOTELS, RESTAURANTS AND CLUBS.

(c) Authorizing a hotel, restaurant or club to supply dur- For restaur-
ing close season for or as part of a meal served *°*^' ^^^'
upon the premises of such hotel, restaurant or club,
any game animal or bird lawfully obtained during
the period in which the same may be sold under
game dealer's license as hereinbefore provided.
*^The license fees shall be for cities having a popu-
lation of over 100,000, $10 ; for cities having a
population of over 50,000, $5 ; and in cities having
a population of less than 50,000 and all other
municipalities, $1.^ 62 V. (2) c. 33, s. 5.

LICENSED GUIDES.

38. — (1) The Chief Warden may, subject to such rules and Guides,
regulations as may from time to time be made by the Board ®"**'^*'*"
of Game Commissioners, and upon the recommendation of any
justice of the peace, countersigned by any warden appointed
under said Act, issue to any tit and proper person applying
therefor, a license certifying that such person is qualified to
act as guide for hunting, shooting or fishing in any part or
district of this province specified in such license ; and the
Chief Warden shall in a book to be kept for that purpose
register the names of all persons to whom such licenses have
been issued in each year.

(2) T'-e' issue of licenses to guides under this section shall be
in the sole discretion of the Chief Warden, subject to appeal
to the Board of Game Commissioners, who may from time to
time lay down rules for the guidance of the Chief Warden in
issuing such licenses.

(3) The said licenses may be cancelled or revoked at any
time by the Chief Warden, who shall not incur any legal
responsibility for cancelling or refusing any license.

Fee for guid- s' (4) The fee to be paid for licenses issued under this section
license. shall be the sum of two dollars, or such smaller sum as the

Board of Game Commissioners may from time to time deter-
mine. 62 V. (2) c. 33, s. 11.

PENALTIES.

Discretion of
ChiefWarden.

Cancellation
or revocation

Offences in 39. — (1) Any person committing any offence under this

respect of ^^^ [jr^ respect of deer, moose, elk, reindeer, cariboo, beaver or
penalty for. otter, or violating the provisions of section 14 or section 1 7
shall be liable for each offence to a fine not exceeding $50 and
not less than $20, together with the costs of prosecution, and
any person committing any other oflence against any of the
provisions of this Act shall be liable for each offence to a fine
not exceeding $25 and not less than $5, together with the
costs of prosecution, and in default of immediate payment of
such fine and costs, shall be imprisoned in the common gaol of
the county where such conviction takes place, for a period
not exceeding three months. 62 V. (2), c. 33, s. 10 (1).

Persons prov- . (2) Any person convicted of any offence under this Act, ex-
ed to have (,gp(j a^ offence under section 14, shall, if such person be

been tlisguis- i , i i i j j- • i j • • p

ed, etc, im- proved to have been masked or disguised and in possession or
prisonmenc of. a^y g^^ or other firearm at the time such offence was com-
mitted, be liable to be imprisoned for a period not exceeding
three months without the option of a fine. (New.)

(3) A violation of this Act shall constitute a separate offence
in respect of each and every game animal or bird which is the
subject thereof, though more than one violation of the same
kind or of a different kind and in respect of more than one
game animal or bird takes place at the same time or upon the
same day. R. S. 0. 1897, c. 287, s. 28 (4) Pt

(4) Any person offending against any of the provisions of
this Act who has been convicted of the same or any other offence
against this Act ^^within two years theretofore^*, shall be liable
to a penalty of not less than double the minimum penalty herein-
before provided for such second offence, and upon a third or
any subsequent conviction such person shall be liable to a
penalty of not less than the maximum penalty hereinbefore
provided. 62 V. (2) c. 33. s. 10 (2).

Guns, nets, (5) All guns, nets, decoys and ammunition, canoes, skiffs,

confiscation of. punts or boats, raw skins, hides of game animals, and all

peltries of otter, beaver and moose heads, and all game found

Separate
offences.

Second and
subsequent
offencts.

in the possession ot violators of the law shall be confiscated
and (except game) forwarded to the Chief Game Warden to
be sold and the proceeds thereof applied for the pur-
poses of this Act, and game so confiscated shall be given to
some charitable institution or purpose at the discretion of the
convicting justice ; but where a violation of the provisions of
section 20 of this Act has taken place through bona fide mis-
take or inadvertence, the convicting justice may relieve from
the operation of this section. 62 V. (2) c. 33, s. 12.

(6) Ail fines imposed and collected in prosecutions under Application
this Act in which game wardens or deputy wardens who may ®^*

be paid by salary, act as prosecutors, shall be paid to the
treasurer of the province to be applied in carrying out the
provisions of this Act. E. S. O. 1897, c. 287, s. 29.

(7) All fines imposed and collected in prosecutions under When deputy-
this Act in which deputy wardens not paid by salary act as p^^by^°arv
prosecutors, shall be paid to such deputy wardens. (New.)

(8) One-half of every fine imposed and collected under the When private
provisions of this Act in which any other person acts as actT.^''"'"'^
prosecutor, shall be paid to such prosecutor, or to the person

on whose evidence the conviction is made, as the justice may
determine, and the other one-half shall be paid to the Treas-
urer of the Province to be applied in carrying out the pro-
visions of this Act. R S. 0. 1897, c. 287, s. 29.

EVIDENCE.

30. — (1) In all actions and prosecutious under this Act the Evidence, pos-
possession of guns, decoys or other implements of shooting or session, etc.
hunting in or near any place where any game bird or animal
has been, or is likely to be found, shall be sufficient evidence
prima facie that the person or persons in possession thereof,
were hunting or shooting such game bird or animal and of
their intention so to do. (New.)

(2) In all actions and prosecutions under this Act the onus Onus of proof,
shall be upon any person found in possession of any game

bird or animal, or any part thereof, in close season, to prove
th.at such game bird or animal was lawfully hunted, taken,
k ^lled and obtained. (New.)

(3) In all actioub and prosecutions under this Act evidence Having guns,
of any person having in his possession a gun, rifle or other ®.*''-' ^° posses-
firearm, and being in or near any canoe, skiff punt or boat of

any kind, at or near any place where hunted deer are likely
to enter the water, shall be sufficient evidence prima facie that
such person was engaged in hunting deer with intent to
capture, take, wound or kill the same while in or immediately
after leaving the water. (New. )

(4) On the trial of any complaint, proceeding, matter or Defendant a
question under this Act, the person opposing or defending, or compellable"^
who is charged with any offense against or under any of the witness.

3—100

provisions of this Act, shall be competent and compellable to
give evidence in or with respect to such complaint, proceeding,
matter or question, and on any such trial no person, witness
or party shall be excused from answering any question upon the
ground that the answer to such question may tend to criminate
him, or may tend to establish his liability to a civil proceed-
ing at the instance of the Crown or any other person, pro-
vided, however, that no evidence so given shall be used or
receivable in evidence against such person in any criminal
proceeding thereafter instituted against him, other than a
prosecution for perjury in giving such evidence. R, S. O.
1897, c. 287, s, 33.

PROCEDURE.

Procedure on 31 . — The following provisions shall have effect with respect
secudons ^'°' ^° summary proceedings for offences, fines and penalties under
this Act : —

Information,
when to be
laid.

Who may try.

Description of
offence.

Exceptions,
etc., need not
be negatived
in complaint.

Cumulative
penalties in
one convic-
tion.

(1). The information shall be laid within three months after
the commission of the offence. 62. V. (2) c. 33, s. 13.

(2) All prosecutions under this Act may be brought and
heard before any of Her Majesty's justices of the peace in and
for the county or district where the penalty was incurred or
the offence was committed, or wrong done, or in the county or
district where the violator lives or is found, and in cities, towns
and incorporated villages in which there is a Police Magistrate
before such Police Magistrate, but no person charged with an
offence under this Act shall be compelled to attenu before a
Magistrate at a greater distance from the place where he may
have been found or arrested or from his place of residence or
the place where the offence was committed, than ten miles, if
there is a Magistrate residing within that distance who is
willing to dispose of the case and is not interested in any way
therein, or related to or connected with any of the parties
thereto. R. S. O. 1897, c. 287, s. 23 (4) 31.

(3) The description of an offence in the w^ords of this Act or
in any similar words shall be sufficient in law. R. S, 0. 1897,
c. 287, s. 32, (2).

(4) Any exception, exemption, proviso, excuse or qualifica-
tion, whether it does or does not accompany the description of
the offence in this Act, may be proved by the defendant, but
need not be specified or negatived in the information or com-
plaint, and if so specified Or negatived, no proof in relation to
the matters so specified or negatived shall be required on the
part of the informant or complainant. R. S. O. 1897, c. 287, s.
32, (3).

(5) Upon the trial of any prosecution under this Act, the
Justice or Justices before whom the same is tried, shall, if it
appears that more than one offence of the same kind was com-
mitted at the same time, or on the same day, impose all the
penalties in one conviction which he or they are hereby em-
powered to do. R. S. 0. 1897, c. 287, s. 28, (4) pt

(6) The Justice or Justices shall, in any such conviction ad- Imprisonment
judge that the defendant be imprisoned unless the penalty, and ment^of^fine.
also the costs and charges of prosecution and commitment and

o£ conveying the defendant to prison are sooner paid. R. S. 0.
1897, c. 287, s. 28, (2).

(7) The amount of the costs and charges of the commitment Warrant of
and conveying of the defendant to prison, shall be ascertained toTtTte'^sts.
and stated in the warrant of commitment. R. S. O. 1897, c.

287, s. 28, (3).

(8) A conviction or order made in any matter arising under Convictions
this Act, either originally or on appeal, shall not be quashed quashed^for
for want of form. R. S. 0. 1897, c. 287, s. 32, (4). informality.

(9) In all prosecuting under this Act save when hereinbefore Procedure to
otherwise provided the procedure shall be governed by The by^Iv.'^sut.
Ontario Summary Convictions Act. R. S. 0. 1897, c. 287, s. c. 90.
31,^^.

INDIANS AND SETTLERS.

33. — (1) The provisions of this Act shall not apply to Indians Indians and
or settlers residing in any unorganized township, or terri- j^g^ ^tc , for
tory not divided into townships of this Province, with regard food,
to any game killed for their own immediate use for food only,
and for the reasonable necessities of the person killing the same
and his family, and not for the purposes of sale or traffic. And
nothing herein contained shall be construed to affect any right
specially reserved to or conferred upon Indians by any treaty Treaty rights,
or regulations in that behalf made by the Government of the
Dominion of Canada with reference to hunting on their re-
serves or hunting-grounds, or in any territory specially set
apart for the purpose ; nor shall anything in this Act contained
apply to Indians hunting in any portion of the provincial terri-
tory as to which their claims have not been surrendered or ex-
tinguished ; provided, that no settler shall hunt, take, kill or
have in his possession any moose, reindeer or caribou except in
any year when the same may be lawfully killed according to
the provisions of this Act.

(2) The Lieutenant Governor in Council may from time to Exemption of
time by Order-in- Council in that behalf, exempt Indians orsettiersby
actual bona fide settlers in the northern and northwesterly or Order-in-
other sparsely settled portions of the Province, whether the
same be organized or unorganized, from any of the provisions
of this Act, which may be specified in such Order in Council.
R. S. 0. 1897, c. 287, s. 34.

ORDERS IN COUNCIL.

33. All Orders-in-Council made under the authority of this Orders-in-
Act shall be read therewith and shall for all purposes be deemed hav "force of
to be a part thereof, and shall be published in the Ontario law.
Gazette and shall take effect from and after the date of such

Publication of. publication. All such Orders-in-Council shall also be published
in or in connection with the annual report of the Game Com-
missioners. (New).

SCHEDULE.

FORM A.

{Section 23.)
Deposition for a Search Warrant.

I, undersigned do hereby declare

that I have reason to suspect, and do suspect, that game killed or taken
during the close season, or furs out of season, etc. {as the case may 6e),
are at present held and concealed {describe the property ^ occnpant, etc.,
and the place).

Wherefore, I pray that a warrant may be granted and given to me to
eflfect the necessary searches {describe here the property, etc. , as above).

Sworn before me at this day of

A.D. 18 X. Y.

L. B.,
J. P.

R. S. O. 1897, c. 287, Form A.

FORM B.

{Section S3.)

Search Warrant.

Province of Ontario,
County of

To each, and every, the constables of , County of .

Whereas^ , has this day declared, under oath, before

me, the undersigned, that he has reason to suspect that {game or birds
killed or taken dnring the close season, etc., as the case may be) are at
present held and concealed {describe property, occupant, place, etc.)

Therefore, you are commanded by these presents, in the name of Her
Majesty, to assist the said , and to dilligently help

him to make the necessary searches to find the {state the birds or game
hilled or taken during the close season, or furs aid of season, etc.,) which
he has reason to suspect, and does suspect, to be held and concealed in
{describe the property, etc., as above), and to deliver, if need there be,
the said birds, etc. {as the case may be) to the said to be

by him brought berore me, or before any other magistrate to be death
with according to law.

Given under my hand and seal at county of

this day of , A.D. 1

L. B.,

J. P. [L. S.J

R.S.O. 1897 c. 287-8, Form B.

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No. 101.] BILL ^^^^^

All Act to amend The Local Courts Act.

HER MAJESTY by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

Subsection 5 of section 5 of The Local Courts Act is Rev. Stat.,
5 amended by striking out the word " Ontario," in the 5th line gy^^j' g ^•
of the said subsection. amended.

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No. 102.] BILL ^^^^^

An Act to amend The Municipal Act

HER MAJESTY by and with the advice and consent of the
Legislative Assembly of the Province of Ontario enacts
as follows : —

1. Notwithstanding anything in The Municipal Act or in Wards in
5 The Municipal Amendment Act, 1898, contained, the council townships
of any township may in any year before the first day of (.223 61V.
November pass a by-law for dividing such township into four c. 23.
wards, and at the next general municipal election and at all
subsequent municipal elections until such by-law is repealed,
^Q one councillor shall be elected for each ward, and the reeve
shall be elected by general vote.

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No. 103.] TITT T 1900.

BILL.

An Act to amend The ^Municipal Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 94 The Municipal Act is hereby repealed and Rev. Stat. c.
5 the following substituted therefor : ^*' repealed,

" 94. The election of councillors and reeves for every mun- Elections in
icipality except cities and towns shall be held in alternate other than
years. Such election shall be held on the first Monday in ci*ies and
January in every other year except for such councillors as have
10 been elected at the nomination and all persons elected to any
oflBce shall hold the same until their successors are elected or
appointed or sworn into office and the new council is organized.
The first election hereunder shall be held on the first Monday
in January, 1901."

15 2. Section 95 of the said Act is amended by striking out in ^®^- Stat, c.

the first line thereof the words " municipality (except a amended'

county)" and substituting therefor " city" and " town." elections in

'' ^ ^ ^ cities and

towns.

3. Section 119 of the said Act, amended by section 9 of The Rev. Stat. c.
Municipal Amendraent Act, 1899, is repealed and the follow- ^^^l{}}^'
20 ing substituted therefor.

repealed.

"119. Save as otherwise provided by section 120 a meet- Nomination
ing of the electors shall take place for the nomination of the '"^^^-'^K^*
candidates for the offices of reeves and councillors in villages
and townships at noon on the last Monday in December every
25 alternate year at the town hall of the municipality or at such
place therein as may from time to time be fixed by by-law
subject in the case of townships to the provisions of section
123. The first of such meetings shall be held on the last
Monday of December, 1900.

30 119. (a) Save as otherwise provided by section 120 a meeting Nomination
of the electors of cities and towns shall take place iowns.^* *°
for nomination for the offices of alderman in cities
and councillors in towns at noon on the last Mon-
day in December annually at such place therein as

35 poay from time to time l3e fixed by by-law."

Rev. Stat, i
223, 8. 216,
sub's 1,
amended.

4. Sub-section 1 of section 216 of The Municipal Act is
amended by striking out the words therein " or the office of
reeve of a township or village."

Rev. Stat, c,

223, s. 216, .inn

amended. the tollowmg.

Vacancies in

township

councils.

5. Section 216 of the said Act be amended by adding thereto

"4. In the event of a vacancy occurring in the office of
reeve or councillor of a township by removal, death, resigna-
tion or otherwise and prior to six months before the expiration
of the term of two years for which the reeve or councillors
shall have been elected the vacancy or vacancies so occurring 10
shall be filled by the election of a new reeve or a new council-
lor who shall hold office for the remainder of the term for
which his or their predecessor or predecessors was or were
elected ;but if the office of reeve of any municipality should
become vacant within six months prior to the expiration of 15
the term for which he was elected a new election for the office
of reeve shall not be necessary, but the councillors of such
municipality shall elect one of their number as reeve to dis-
charge the duties of reeve for the remainder of the said term
and if the vacancy in the office of only one councillor shall 20
occur within six months before the expiration of the said term
for which said councillor was elected then an election to sup-
ply such vacancy shall not be held, but if a vacancy in the
office of more than one councillor shall occur within six months
before the expiration of the said term then an election to fill 25
such vacancies for the remainder of the said term shall be
held."

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No. 104.] BILL. • ^^^^^

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

Subsection 16 of section 583 of The Municipal Act is ^®223^*g*'583
5 amended by inserting in the said subsection after the word amended.
" waggon," in the fourth line, " $20 for one carrying a pack." pilars'

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"^ '\ BILL. ^'"^

An Act to amend The Municipal Arbitrations Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

The Municipal Arbitrations Act is amended by adding thereto Rev. Stat.

5 the following section : — °- ^27,

® amended.

15a.. The council of any municipality which has passed a Repeal of by-
by-law under section 1 5 of this Act may repeal the same by '? 'I bringing

, *' , , , . pj 1 1 "i r p . , "^ Act into re rce.

by-law passed at any time aiter the expiration or six months
from the passing of such first-mentioned by-law and upon the
10 passing of such repealing by-law this Act shall cease to apply
or be in force in such municipality.

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No. 106.] BILL. ^'"^

All Act to amend The Municipal Drainage Act.

HEE, MAJESTY, by and with the advice and consent ot
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

Subsection 4 of section 3 of The Municipal Drainage ActUev. stat.,
5 is amended by adding at the end of the thirteenth line thereof °- ?^^'a' ^'
the following words :— Imende'd.

" Provided that tuhen the cost of any drainage work exceeds

the sum of one thousand dollars, one-half of the cost of the

construction and maintenance of the outlet portion of said

10 work shall be assumed and paid by the Government of

Ontario."

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No. 107.] "R f T T ^^^^^'

An Act to" amend The Assessment Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts •
as follows : —

1. Sub-section 18 of section 7 of The Assessment Act, 1892, Rev. Stat., o.
5 is hereby amended by striking out the words " is invested in 224, s. 7, sub-B.
mortgage upon land or," in the first and second lines thereof.

3. Land which is subject to a mortgage or mortgages shall Agreement of
be assessed to the owner of the equity of redemption and to assessment of
the mortgagee or mortgagees and the assessment shall be lands.
10 apportioned between or amongst them by the assessor in
proportion to the amount of their respective interests in the
mortgaged premises.

3. The owner of the equity of redemption in mortgaged Owner to give
lands shall, upon the request of the assessor, furnish him with particulars to

,1 J 11 c J. i? J.V -J 1 1 assessor as to

25 the name and address oi every mortgagee ot the said lands mortgages,
and the amount of every mortgage thereon and every mort-
gagee of real estate shall upon the request of the assessor
declare in writinoj to the assessor the amount then owing: to
him in respect of the mortgage.

20 4. The assessor shall in the 4th column of the assessment Noting assess-
roll place the letter ,"M" opposite the name of every person mentof mort-
assessed therein as mortgagee ; and in the 14th column thereof ^*^®®^
shall set the amount assessable against the mortgagee in
respect of the mortgaged premises and in the 12th column

25 opposite the name of the owner shall set the amount assessable
against him in respect thereof.

5. Every mortgagee of land shall as between him and the Liability for
owner of the equity of redemption in said land be liable for taxes on mort-
the taxes charged against him in respect thereof and all the ^^^

30 remedies provided by The Assessment Act for the collection of Rev. Stat.,
taxes from the party taxed shall apply to this Act, but nothing '^' 224.
herein contained shall free the mortgaged land from liability
for all of the taxes due in respect thereof and upon payment
by the owner of the mortgagee's share thereof or any part

35 thereof he shall be entitled to deduct the same from the next
payment either of interest or principal that shall fall due upon
the said mortgage.

A.greementa
in contraven-
tion of Act
to be in-
effectual.

6, No agreement between the owner and the mortgagee to
absolve the mortgagee from the payment of his share of the
taxes or to provide for the payment of all the taxes or more
than his proportion by the owner shall be valid or binding
upon the parties thereto.

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^°"'"J . BILL. t^^'"

An Act to reduce the Expenses of the Administration

of Justice.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Notwithstanding anything contained in any statute or gjttjngg ^j
5 rule of Coiirt no sittings of the High Court, or of any County courts not to
or District Court, for the trial of actions with or without a juried n'oUo
jury, and no sittings of any Court of Oyer and Terminer and be summoned
General Gaol Delivery or General Sessions of the Peace shall ^o busfnS "
be held, nor shall any grand or petit jurors be summoned for

10 any such courts unless there sha'l be at least fourteen days
before the date fixed for holding the same some action, matter,
prosecution or other civil or criminal proceedings to be heard
or tried of which notice has been given as hereinbefore men-
tioned, or which has been set down or appointed for hearing

1,5 at such sittings.

3. The County or District Crown Attorney, a Court of Oyer Notice to be
and Terminer and General Gaol Delivery shall give notice in Countyl^rown
writing to the Clerk of the Assize of the criminal business to Attorney as
be brought before the Court at any sittings of a Court of [,u°-^^g°*^

20 Oyer and Terminer and General Gaol Delivery, and where
such County or District Attorney is not also Clerk of the
Peace, he shall, in the case of a sittings of the General Sessions
of the Peace, give a similar notice to the Clerk of the Peace
for the county or district for which such sittings are to be

25 held.

3. Where there is no business to be transacted as aforesaid Notice to be
by such Court the Clerk of the Court, in the case of the g^^^" ^«* *''
County Court or the Clerk of the Peace, in the case of the Court jurors and to
of General Sessions of the Peace or the local Registiar, Deputy J"^sre.

30 Registrar or Clerk of Assize, in the case of the High Court
sittings, or of any Court of Oyer and Terminer or General
Gaol Delivery, shall give notice to the Sheriff that under the
provisions of this Act it is unnecessary to summon jurors for
such Court, and he shall also give notice to the judge appointed

8.5 to preside in such Court that it is unnecessary for him to
attend the same.

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No. 109.] BILL '■^'^^^

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 742 of The Municipal Act is repealed, and the Rev. statutes
5 following substituted therefor : ^- 223, s. 742,

'^ repealed.

742. The council of every municipality shall levy and
collect all the rates upon the property liable to assessment in ^

such village, as may be required by the police village trustees
for police village purposes, and shall pay the same to the
IQ treasurer of the police village board on or before the 15th day
of December.

2. Section 735 of the said Act is amended by adding at the Rev. Statutes
end thereof the following words : " and one of their number to °- 223 ?. 735.

, , , „ ^ appointment

be secretary-treasurer. of secretary-

treasurer.

15 3. The said Act is amended by adding thereto the following Trustees to

section : prepare ab-

742a. The police trustees of every police village shall hold a post up.
meeting on the 15th day of December in each year,Jor if that day
is a Sunday, then on the Monday following, and shall imraedi-

20 ately thereafter publish a detail statement of receipts and
expenditures for the year ending on the day of such meeting,
together v/ith a statement of receipts and expenditures, assets
and liabilities for the year ending on the day of such meeting.
The said statement shall be signed by the trustees, who shall

25 cause the same to be posted up not later than the 24th day of
December in the post-office in the police village, and at not
•less than three other conspicuous places thereon.

4. Every Board of Police Village Trustees shall on or before Appoint
the 15th day of December in each year appoint auditors. auditors, .

30 5. It shall be the duty of such auditors to examine into Report of
and decide upon the accuracy of the accounts of the police auditors,
village, and whether the trustees have duly accounted for and
expended for police village purposes the money received by
them, and to submit the accounts with a full report thereon at

35 the next nomination meeting for police trustees.

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No no.] TiTT.l. [1900

BILL

An Act to amend The Municipal Drainage Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

Section 83 of The Municipal Drainage Act is hereby Rev. Stat.
^ amended by striking out the word " seven " in the fifth line c- 226, s. 83
thereof and inserting in lieu thereof the words " not more ^°^^"^®'^-
than twenty." ^l^i^Z'

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No. 111.] "DTT.T. [19"0-

BILL.

An Act to amend The Municipal Act.

HER MAJESTY", by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Section 68 of The Municipal Act is amended by adding j^^^ g^^j.

5 thereto the following : c. 223, s. 68,

amended.
Or the said board may with the consent of the councils of
the county and separated town form the separated town about
to be reunited into a division of the county council in addi- Forming
tion to the present divisions, to be represented in proportion town united
10 to population, one member being added for such town when i°to°a°ep-
the population thereof is less than any of the county council »'»*« county
divisions, and two members being added for such town when division,
the population is equal to that of any of the existing county
council divisions. This arrangement shall continue only until
15 a redistribution of the county council divisions shall take
place by reason of increase of population or otherwise.

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No. 112.] BILL. ^^^^^'

An Act to amend The Public Schools Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : — ^

Kev. stat. c.
292, s. 38, sub-

1. Sub-section 3 of section '38 of The Public Schools Act is «• 3 amended.
o amended by striking out the words " and shall remain in force ^itertn^ school
unless set aside, as hereinafter provided, for a period of five sections.
years," in the third, fourth and fifth lines thereof. ^^^ stat.

c. 292, 8. 39,

H. Sub-section 3 of section 39 of The Public Schools Act is amended,
amended by striking out the words " for the period of five Award as to
10 years at least and " in the eleventh line thereof. school

sections .

3. Sub-section 1 of section 52 of The Public Schools Act is ^^^a»^^^K»
amended by striking out the words "for a period of at least sub-s.'i,' '
five years " in the fifth line thereof. amended.

•^ Boundaries

of sections.

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No. 113.] U I r I [1900

BILL.

An Act relating to the employment of Aliens in
Ontario.

EK MAJESTY, by and with the advice and consent ©f
the Legislative Assembly of Ontario, enacts as follows : —

1. This Act may be cited as "The Labour Regulation Act Short title.
1900."

5 3. In case of any Act passed during the present session,' or Citizens of
hereafter passed, giving, granting or confirming to any person which exclude
or persons, or body corporate, the right of erecting a bridge, pu"^'^'^?*.
building a railway, tramway, turnpike road, telegraph or employed in
telephone line, the construction or improvement of a harbor, ^y"^'?' a^tj'o'"-

10 canal, lock dam, slide, or other like work, the right of ferry,

the right of carrying on any trade, business, occupation or

, calling, the giving, granting or confirming to such person or

persons, or body corporate, any property, rights or privileges

whatsoever, or for the amendment to a former Act of a like

15 nature which has not already similar provisions, no citizen of
nor any person (except a British subject) who has resided for
a period of one month iji any country having a labor law pre-
venting the employment of Canadians in such country, shall
be employed in connection with or in relation to any of the

20 works, rights, trade, business, occupation, or property, given,
granted, confirmed, authorized or affected by such Act.

3. In the event of any person, as above described, being so Pe"?'lty for

,,,, •! ^^ ' ,^' o- employment

^employed, the person or persons, or any contractor or sub- contrary to
contractor, by whom such person shall be employed, shall be '^*^*-

25 liable upon summary conviction before any two justices of the
peace, or a police magistrate, upon the oath or affirmation of
one or more creditable witness or witnesses, to a penalty not
exceeding twenty-five dollars, nor less than ten dollars for each
such person so employed ; and in case of default of immediate

30 payment of the penalty imposed, the same may be recovered
by distress and sale of the goods and chattels of the offender ;
and in default of sufficient distress the oflfender may be com-
mitted to the common gaol of the county where the trial takes
place, for a period not exceeding thirty days ; and any mem-

35 ber, manager, director, officer or agent of a corporation who
causes or procures any such person to be employed contrary
to the provisions of this Act, or permits or connives at such

employment, shall be liable, upon summary conviction, as
aforesaid, to the like penalties as hereinbefore in this section
provided, recoverable in the manner hereinbefore mentioned.

pen^r^es'Ior ^- "^^^ offender shall be liable to separate and successive
coatinuing penalties for each and every day during which any such person
offence. gj^g^^ i^^ employed.

Evidence of

person

charged.

5. The person charged with having resided in such foreign
country shall be a competent and compellable witness in any
proceedings under this Act.

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No. 114.] BILL. ^^^^^

An Act respecting Tow^ Councils.

HER MA.JESTY, by and with the advice and' consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :—

1. The Municipal Act is amended bv insertinp- therein the Rev. stat.
5 following as section 128a : amended.

128a — (1) Where in any town, township or village thecoun- Election of
cillors are to be elected by general vote under the provisions separately^,
of this Act, the clerk or other returning officer shall call for
nominations separately to office as First Councillor, Second
10 Councillor, and so on until the number of Councillors to be
elected is complete, .

(2) Should only one candidate for any office as Councillor Election of
be proposed, then the clerk or other returning officer or chair- one or more
man, shall after the lapse of one hour from the time fixed for acclamatfon^'^
1 5 holding the meeting declare the candidate duly elected to that
office, but if more than one candidate is nominated for any
office as councillor, the clerk or other returning officer or chair-,
man shall adjourn the proceedings for tilling such office until
the first Monday in January as hereinbefore provided.

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No. 116.] PTT T [1900.

BILL.

An Act to amend " The Ontario Insurance Act."

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

Rev. Stat.

1. Clause (a) of sub-section 1 of section 167 of The Ontario gub-T'i (af^'
5 Insurance Act is amended by striking out the word " four" in amended,
the third line and inserting the word "five" in lieu thereof. ^tcTfor°°°

mutual fire

insurance

companies.

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No. 116.] 1517.7. [1900

BILL.

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario,. enacts
as follows :

1. Subsection 1 of section 435 of The Municipal Act is Rev. Stat.
5 amended by inserting after the word " borrow " in the third c 223, s. 435,
line thereof the words " either before or after the passing of tT^^'^'^^^'
the by-law levying the taxes for the current year," and by in- for"nn-T^t
serting after the word " levied '' in the fifth line thereof the expenditure
words " or to be levied." Fecdon^f ° '

taxes.

10 2. Sub-section 14 of section 583 of The Municipal ^.cHs Rev. Stat,
amended by inserting after the word " being " in the second sub^^i4 " ^^^'
line of clause (a) of the said sub-section the words " Persons Hawkera
not resident within the county, or." and pedlars.

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^"- "'• BILL. f''""-

An Act to amend The Assessment Act.

HER MAJESTY, by and with the advice and consent of the
Legislative"Assembly of the Province of Ontario, enacts
as follows :

1. Sub-section 1 of section 61 of The Assessment Act is R6v. stat.
5 hereby repealed and the following substituted therefor : 8ubs*i%e^

(1) A county council may upon the application of the muni- P®* ® "
cipal council of any town, village or township within the When county
county pass a by-law permitting such town, village or town- regulate^time
ship to take the assessment between the first day of February for taking
10 and the first day of July, and upon the pas>ing thereof the assessment,
assessment of such town, village or township shall be taken
between the said dates.

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No. 118.] TiTT T ^^^^^-

An Act respecting County Council Elections.

HER MAJESTY by and with the advice and consent of the
Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Subsection (2) of section 168 of The Municipal Act, is 223,8. 168
5 amended by striking out all the words therein alter the word ^^^■^- ^ ,
*' division " at the end of the third line thereof and substitut- ^. ^.°
ing therefor the words " and shall not give more than one county coun-
vote for each such candidate " sellors.

2- Schedule B. to the said Act, being the form of directions ^s^'g^gched'
]Ofor the guidance of voters in voting at municipal elections, B. amended,
is amended by striking out the second paragraph thereof.

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No. 119..] T^TT T [1^^^^-

BILL

An Act to amend the Assessment Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Sub-section 4 of section 7 of Tke Asse.'isment Act is ^24^^7'
5 hereby amended by inserting in the first line after the words 4 amended.

" attached to " the words " or otherwise bo7iafide used for the Exemption of

purposes of ". " colleges, etc.

2. Sub-section I of section 46 of The Assessment Act is ^ev. Stat., c.
hereby amended by inserting in the third line after the word i aiiiended.^

10 " administrator " the words " and which if in the po.ssession of Personal
the beneficiary or beneficiaries would be liable to taxation," Property in ^^
and inserting after the word " person " in the third line the tees.
words " trustee, guardian or administrator."

3. Sub-section 2 of section 46 of The AssessTYient Act is Rev. Stat., c.
15 hereby amended by inserting in the 8th line after the word i^mended" *'

" character " the words " subject avS aforesaid ". Aeaeasmenb of

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jNo. 120.] DTT T [1^®^-

BILL.

An Act to amend The Ontario Election Act.

HER MAJESTY, by and with the advice ana consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Sub-section 1 of section 11 of the said Act is hereby Rev. Stat, c. 9,
5 amended by inserting after the word "vote " in the eighth line amended!^' ^'
thereof the words " provided no application has been made to Temporary
enter his name on the list of voters in any other municipality d^g^quafifv"* *°
in the Province."

3. Sub-section 1 of section 21 of the said Act is hereby Rev. Stat., c.

10 amended by adding after the word " person " in the third line i amended^"

thereof the words " residing in the electoral district." Appointment

of returning
_, . . officers.

3. Sub-section 2 of section 21 of the said Act is hereby Rev. Stat., c.

amended by inserting after the word " person " in the fifth g' amend"d^*
line thereof the words " residing in the electoral district." Appointment

of returning

0u&C6FS

15 4. Section 22 of the said Act is hereby amended by insert- Rev. Stat.,c.
ing; after the word "person" in the sixth line thereof the words ^' ^- ^|',
" residing in the electoral districts." Appointment

of when re-

5. Sub-section 1 of section 59 of the said Act is hereby cannoifact. °^'
amended by inserting after the word " be " in the seventh line R^^- Stat., c.

20 thereof the words '-and the names of the several deputy return- j* amended.*"

ing officers." Announce-

ment of names
of returning

6. Section 64 of the said Act is hereby amended by insert- officers.
ing after the word " person " at the end of the fourth line ^^sT'el**'" °"
thereof the words " who shall be a voter residing in the polling amended.

26 sub-division." SrlFde^nt

in polling sub-

7. Section 65 is hereby amended by striking out the words R^y^^gtat

" either before a justice of the peace for the county or district 9, s.'es,

in which he resides," or, in the second and third lines, "thereof." ?J"fu '^c'?;

' Oath of d.r.o.

8. Sub-section 1 of section 69 of the said Act is hereby Rev. Stat., c.
30 amended by striking out the words " forthwith cause to be amended

printed " in the second line thereof, and inserting in lieu Supplying
thereof the words " be supplied by the queen's printer with," ^^^^^^ papers
and by striking out all the words of sub-section 4 of said sec-

Numbering of tion, following the word " used " in the third line thereof, and
counterfoils ^H ^he provisions of the said Act relating to a number to be
abolished, printed on the back of the ballot and on the face of the coun-
terfoil and inconsistent with this section as hereby amended,
are hereby repealed.

Rev/Stat., c. 9. Sub-section 1 of section 70 of the said Act is hereby 5

I amended.^' amended by striking out the words " shall cause to be printed "

Supplying in the second line thereof, and inserting the words " be supplied

ballots^ by ^^^ queen's printer with."

10. Section 71 of the said Act is hereby amended by in-
serting after the word "shall" in the first line thereof the words 10
" two days."

11. Section 74 of the said Act is hereby amended by in-
serting after the word "shall" in the first line thereof the words
" two days."

12. Sub-section 1 of section 87 is hereby amended by in- 15
serting alter the word " aforesaid " in the fifth line thereof, the
words " shall be a voter resident in the polling sub-division
and."

Rev. Stat., c.
9, s. 71,
amended.
Whend.r.o. to
be furnished
with books, etc

Rev. Stat., c.
9, s. 74,
amended.
Supplying
directions to
voters.

Rev. Stat., c.
9, s. 87, subs.
1, amended.
Poll clerk to
reside in
sub division.

Rev. Stat., c. 13. Sub-section 1 of section 94 of the said Act is hereby
i' amended" amended by striking out the words " or who has been named 20
Agents em- the agent of any of the candidates at a polling place other
ployed outside ^jjg^jj ^j^g Qj^g where he is entitled to vote," in the third and
their own sub- « , , , . , , « '

division. lourth lines thereoi.

Rev. Stat., c. 14. Sub-section 2 of section 94 of the said Act is hereby
2 amended.^ amended by striking out in the eighth line thereof the words 25
Agents, where " or agents " and all the words of the said sub-section following
to vote. ^Yie word " polling " in the said eighth line thereof.

Rev. Stat., c. 15. Sub-section 4 of the said section 94 of the said Act is
4! veltlT' lie^eby repealed.

?7'9?^8uiDs' ^^' Sub-section 5 of section 94 of the said Act is hereby 30
5] amended, amended by striking out the words " or agents " in the second
line thereof.

K-ev. Stat., c. 11^ Sub-section 6 of section 94< of the said Act is hereby
6,' amended, amended by striking out words " poll clerk " in the second line
Oath of clerk thereof, and inserting instead thereof the words " returning 35
officer."

on voting.

Rev. Stat.
9, s. 96,
amended.

18. Section 96 of the said Act is hereby amended by strik-
ing out the words " immediately before the commencement of
the poll " in the first and second lines thereof, and inserting
instead thereof the words " be present at the polling place one 40
half hour before the commencement of the polling and shall "

and by inserting after the word " empty " in the fourth line Procedure
thereof the words " shall count the ballot papers in the presence w^'t^heToU
of the candidates or their ap^ents who shall have the right to ex-
amine the same " also by inserting after the word " box " in
5 the sixth line thereof the words '' on a table."

19. Subsection 1 of section 112 of the said Act is hereby Rev. Stat. c.
amended by inserting after the word " upwards " in the nine- I'amende/"^^
teenth line thereof the words " and so as to be readily and Counting '
easily seen by the candidates or their agents. ballots.

10 30. Section 115 of the said Act is hereby amended by Rev. Stat. c.
striking out the words " on being requested so to do " in the amended
second line thereof and by striking out the first word " the " Certificate of
where it first occurs in the fourth line thereof and inserting state of poll,
the word " two " instead thereof.

15 31. Section 116 of the said Act is hereby amended by add- Rev. Stat. c.
ing thereto the following subsection : amended.

(3) " The candidates or agents present shall each, if they Candidates'
wish, write his name across the flap of each of the said en- ^.°^ agents
velopes after the same have been sealed." packages

20 33. Section 117 of the said Act is hereby amended by in- Rev. Stat. c.
serting immediately after the word " deliver " at the end of the amended,
first line thereof the words, " the ballot boxes containing " also
by striking out the words " a person chosen by him " in the
fourth line thereof, and inserting instead thereof the words Delivery of

25 " the poll clerk," also by striking out the word " person " in packets to
the seventh line thereof, and inserting instead thereof the officer'"^
words " poll clerk " and also by striking out the words " per-
son so chosen " in the eighth line thereof, and inserting the
words " poll clerk."

30 33. Section 120 of the said Act is hereby amended by Rev. Stat. c.
striking out the word " either " in the third line thereof, and the amgndg^
words " a Justice of the Peace for the county " also in the Oath of D. R.
third line thereof, the whole of the fourth line thereof, and 0. at close
the word " or " at the beginning of the fifth line thereof. °^ ^°^^'

35 34. Section 121 of the said Act is hereby amended by Rev. Stat. c.
striking out the word " either " at the end of the second line ^' ^- 121,
thereof the words " before a Justice of the Peace for the county OatT of oil
or district in which he resides or before" in the third and clerk at close
fourth lines thereof, and also the words " or before the return- °* p*'^^-

40 ing ofiicer " in the fifth line thereof.

35. Section 122 of the said Act is hereby amended by Rev. Stat. c.
striking out the word " one " following the word " within " in ^'^' ^P\
the first line thereof and inserting instead thereof the word Deiivery'of

" two." ballot box to

clerk.

?T"i2?*' "b ^^' S'l^-section 1 of section 123 of the said Act is hereby
1, amended, amended by inserting after the word " the " at the end of the
first line thereof the words " ballot boxes and " and by insert-
ing after the word " open " at the end of the third line thereof
the words "ballot boxes and " and the said section 123 is also 6
amended by adding thereto the following sub-section. :

Returning (3) In case any Deputy Returning Officer fails to sign the

SgvJtes.""*" statement according to form 21 in the Schedule "A" of this
Act being form 11 in the poll book, the Returning Officer shall
in the presence of the candidates or their agents open the 10
packages mentioned in section 116 and count the ballots under
the provisions of section 112 and the other sections of this
Act, and fill up and sign said form 11 in the poll book in the
same way as the Deputy Returning Officer should have done.

Rev. Stat. c. 21. Section 124 of the said Act is hereby amended by 15
amended striking out the work " fifty " in the eighth line thereof and
When recount inserting instead the words " one hundred "

may be had.

Rev. Stat. c. ^8. Paragraph (a) of section 134 of the said Act is hereby
9, s. 134, amended by striking out the word " fifty " in the second line 20

^^^ ^ ; thereof and inserting instead the words "one hundred," and par-
to be made to agraph (6) of the said Act is also hereby amended by striking
Clerk of the Qut the word " fifty " in the second line thereof, and inserting
Chancery. instead the words " one hundred."

Rev. Stat. c. 39. Sub -Section 2 of section 159 of The Ontario Election 25
9, 8. 159, subs j^^^ |g amended by inserting after the word " shall " in the first
Imprisonment line thereof the words " be imprisoned for a term of six months
for bribery. ^j^]^ qj. without hard labor and shall."

Rev. Stat. c. 30 Sub-section 2 of section 160 of the said Act is hereby
2, amended, amended by inserting after the word " shall " in the first line 30
Imprisonment thereof the words "be imprisoned for a term of six months
brib8.°^^^^°^ with or without hard labor, and shall."

Rev, Stat., c. 31. Section 166 of the said Act is hereby amended by in-

^' ^' ^^d I serting after the word " influence " in the fourteenth line

prisonmentfor thereof the words " and shall be imprisoned for a term of six 35

undue in- months with or without hard labor."
nuence.

Rev. Stat., c. 33. Sub-section 2 of section 167 of the said Act is hereby
9, s. 167, subs, amended by inserting after the word " shall " in the sixth line
Imprisonment thereof the words " be imprisoned for a term of six months
for persona- ^j^j^ qj, without hard labor, and shall," and by striking out all 40
that part of said sub-section which follows the expression $200

Rev. Stat., c. • ,1 it. t i.i. £

9, 8. 9, 8. 169, m the seventh line thereof.

repealed.

Court for trial 33. Section 169 of the said Act is hereby repealed.

of corrupt ./ x

practices.

Rev. Stat., c. 34. Section 182 of the said Act is hereby amended by in-

9, s. 182, sertinff after the word " doing " in the second line thereof the 45
amended. o '^

words " be imprisoned for three months with or without hard
labor and shall."

35. Sub-section 9 of section 188 of the said Act is hereby Rev. Stat, c.

repealed and the following^ substituted therefor : „> ^- ^^^i ^"^^•

r in 9^ repealed.

0 (9) Where from the evidence given at the trial as aforesaid
there appears reason to believe some person has committed a
corrupt practice, or there appears reason to believe that any-
other illegal act or acts have been committed, the judge or
judges who are trying, or who have tried the petition shall

10 direct the county crown attorney, or shall direct any other
solicitor or counsel then present, to institute and carry on pro-
ceedings under this section on behalf of Her Majesty, and in , ,
case the judge or judges give such direction to the county the prosecu^°
crown attorney, such judge or judges shall also direct that a tion of persons

15 solicitor or counsel, to be named by the petitioners' solicitor, of^corrupt ^
shall be authorized to act with the said county crown attor- practices,
ney as joint counsel on behalf of Her Majesty, and the fees of
such solicitor, county crown attorney and counsel shall be
taxed by the proper officer on the Superior Court scale and

20 paid by the treasurer of the Province upon receiving the order
of the judge or judges in this behalf and the certificate of tax-
ation of the proper taxing officer out of any moneys voted by
the Legislative Assembly for that purpose.

9a. The fees and mileage of all witnesses subpoenaed by the Feesof wit-

' ■ " nesses on

prosecution.

25 direction of such solicitor, county crown attorney or counsel °^^^^^ ^^

shall be taxed on the Superior Court scale and shall be paid
by the treasurer of the Province on receiving a certificate
signed by such solicitor, county crown attorney or counsel that
the witness or witnesses were so subpoenaed and attended the
30 trial in pursuance thereof, and a certificate of taxation signed
by the proper taxing officer out of any moneys voted by the
Legislative Assembly for that purpose.

36. Section 190 of the said Act is hereby amended by in- Rev. Stat., c,
serting after the word " book " at the end of the fifth line ^' s- 1^^'

35 thereof the words " shall be imprisoned for a term of six
months and."

37. Sub-section 3 of section 191 of the said Act is hereby Rev. Stat.,
amended by striking out the words " any term not exceeding" gy^s^s^^^'
following the word " for" in the second line thereof and in- amended.

40 serting in lieu thereof the words " a term of," and by striking imprisonment
out the' words "any term not exceeding" following the word for offences
" four " in the fifth line thereof and inserting in lieu thereof bTuot boles
the words " a term of." etc.

38. Sub-section 1 of 192 of the said Act is hereby amended Rev. Stat., c.
45 by inserting after the word " shall " in the seventh line thereof ^' ^- ^^^^/Jj'^'''

the words " be imprisoned with or without hard labor for a
term of six months and shall."

Rev. Stat., c. 39. Sub-section 2 of the said section 192 of the said Act is
2 amended!'^' hereby amended by inserting after the word " shall " in the

third line thereof the words " be imprisoned for a term of six

months with or without hard labor and."

^9' ^*192 ^^ Section 1 92 of the said Act as amended by sections 9

amended. ' and 10 of the Act passed at the 2nd Session held in the 62nd
year of Her Majesty's reign, chaptered 4, is amended by
striking out the words " and shall be imprisoned for a term
not exceeding six months" at the end of subsections 1 and 2
thereof respectively.

privilegwf °°* ^^ • No person shall be excused from answering any ques-
tion put to him in a trial under this Act touching or concern-
ing any election or the conduct of any person thereat, or in re-
lation thereto on the ground of privilege, or on the ground
that the answer to such question will tend to criminate such 15
person ; but no answer given by a person claiming to be ex-
cused on the ground of privilege, or on the ground that the
answer will tend to criminate himself, shall be used in any
proceeding against such person under any Act of the Legisla-
ture of Ontario if the judge or judges give to the witness a 20
certificate that he claimed the right to be excused on either of
the grounds aforesaid, and that he made full and true answers
to the satisfaction of the judge or judges, RS.O. 1887, c. 10,
s. 52.

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No. 121.] "DTT T [1900

BILL.

An Act to amend the Act for the Protection of Sheep
and to impose a Tax on Dogs.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Section 1 of The Act for the Protection of Sheep and to Rev. Stat,
p. impose a Tax on Dogs is amended by striking out the words °- ^^^i^j^

" subject to the provision in the next following section " in the
first line thereof.

2. Section 2 of the said Act is hereby repealed. Rev. Stat.

repealed

3 Section 3 of the said Act is hereby amended by striking out Rev. Stat.
-. ^ the words " within which a by-law has not been passed as pro- °- ^^^^\^
vided in the preceding section " in the first, second and third
lines thereof.

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No 122.] DTT T [1900.

BILL.

An Act to amend the Act to regulate Travelling
on Public Highways and Bridges.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Sub-section 1 of section 1 of The Act to regulate Travel- Rev. Stat.
5 ling on Public Highways and Bridges is hereby amended by sub^.g' i' ^'
inserting after the word " animals " in the third line of such amended,
sub-section the words " or a traction engine used for threshing Rule of the
or other purposes." engt^s'^"*'"'"

13. Section 3 of said Act is hereby amended by adding Rev. Stat.
10 thereto the following sub-sections : amended.

(2) In case of a portable or traction engine, used for thresh- Driver of
ing or other purposes, being met or overtaken on a highway engine to turn
by a vehicle drawn by a horse or horses, or by any animal, or *q^ g"'^

by a mounted horseman, the driver of the portable or traction
15 engine so met or overtaken shall, if practicable, turn out to
the right and give such vehicle or horseman at least one-half
the road, and shall in all cases stop and remain stationary un-
til the vehicle or horseman has safely passed, and shall, if re-
quested by the driver of the vehicle or by the horseman, assist
20 them to pass without damage.

(3) Every person in charge of a traction engine, used for To stop until
threshing or other purposes, and being upon any public high- ^^^^ vehicles
way and about to meet or be passed by any vehicle drawn ^^^ ^^^^ *
by a horse or horses or by any animal, or by a mounted horse-

25 man, shall stop when at a distance of not less than one chain
from such vehicle or horseman, and shall remain stationary
until the vehicle or horseman shall have safely passed such
traction engine.

(4) When any such traction engine is using a public high- Lights to be
30 way or bridge between sunset and sunrise, it shall be the duty '^^^^^^^ ahead

of all persons in charge thereof to see that some person shall
walk ahead of it, carrying a light so as to give warning to per-
sons in charge of approaching vehicles or animals, such person
with such light to be and continue at least one chain in front
35 of the engine ; and it shall be the duty of such person also to
warn the driver of such traction engine to stop when an ani-

engine.

mal or vehicle is drawing near, and also to warn the person in
charge of such animal or vehicle of such engine.

Speed. (5) The speed of any portable or traction engine used as

aforesaid shall at no time exceed the rate of miles

per hour:

Lights to be (6) Every such portable or traction engine used as aforesaid 5
engYne. °° shall, after sunset and before sunrise, carry a bright
red light in a conspicuous place in front, and a green light on
the rear of the engine or of any vehicle which may be attached
to it.

Noises not to (7) It Shall be the duty of the driver or of the person in 10
other^vehicles'* charge of any portable or traction engine used as aforesaid, to
etc., passmg. see that such engine makes no noise by whistling or otherwise

when any horse or animal aforesaid is passing or is near or is

about to pass the same on any highway.

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No. 123.] T)TT T [^900.

BILL.

An Act respecting Town Councils.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. In villages and in towns where the councillors or alder- Town and vil-
5 men are elected by general vote, after the adoption of this Act t^tyerraterm
by by-law, as hereinafter mentioned, the head of the munici- of office,
pality shall hold office for two years, and the councillors or
aldermen shall hold office for two years, one half their number
retiring each year, as hereinafter provided.

10 2. The Municipal Act is amended by adding thereto the ^2^23^'**'

following as section 716 : — amended.

716. (1) In towns and villages to which this section applies Headandone-
the head thereof and one-half the number of members of the ^ers may^lfe™
council to be elected at the first general election under this elected for two
15 section, where such number is an even number, shall hold office efecTio^and
for two years, and the remaining members shall hold office for other half for
one year, and their successors shall be elected at the election °°® '^^^^'
held next after such first election.

(2) Where the number of members to be elected is an odd Where num-
20 number, then a bare majority of such members to be selected, bers is an odd
in the manner provided by the next succeeding sub-section, number,
shall hold office for two years, and the remaining members
shall hold office for one year, and their successors shall be
elected at the said next election.

25 (3) The members who shall so hold office for two years after Determinin|r
such first election, in cases where the council consists of an ^j. gnTof'^^**'^^
even number of members, exclusive of th^ head thereof, shall first year,
be these members comprising one-half of the whole number of
such members who have polled the largest number of votes,

30 and in cases where the council, exclusive of the head thereof,
consists of an odd number of members, then the member hav-
ing the largest number of votes, and one-half the remainder of
such members selected as hereinbefore provided, shall hold
office for two years as aforesaid.

'^5 (4) At the second and all subsequent elections under this Successors to
section, the successors of those who retire shall hold office for t^o years. ^""^
two years.

When casting (5) In the event of any two or more candidates duly elected
given to^de- having an equal number of votes, it shall be the duty of the
cide length of returning officer to determine by a casting vote which of such
term. candidates shall sit for two years.

Ba'lot to con- (6) No ballot shall be valid or shall be counted at any elec- 5
a*majority o^ ^^^^ ^^^d under the provisions of this section which does not
members to be contain votes for at least a majority of the number of members
elected. ^^ ^g elected.

Council— (7) The members of the council elected for any year, to-

contmuance gather with those remaining in office, shall be deemed to form 10

the council for such year, in the same manner and to the same

extent as if the whole number of members had been elected

under the provisions of The Municipal Act.
Application (^g^ Xhis section shall apply to villages and to towns in

which the councillors or aldermen are elected by general vote. 15

Bringing sec- (9) Upon the petition of not less than twenty-five duly
tion into force qualified municipal electors, the council of any village or town
^ ^' ^^' to which this section applies may, in or before the month of
November in any year, submit a by-law bringing the forego-
ing provisions of this section into force to the vote of the mu- 20
nicipal electors of such town or village, in the manner pro-
vided by 'The Municipal Act, and if such by-law receives the
assent of a majority of the electors voting thereon, the said
provisions shall apply at and form the date of the first gen-
eral municipal election held thereafter. The persons qualified 25
Repealing ^° ^^^® °^ ^"^'^ by-law shall be those persons who are entered
by-law. on the voters's list as entitled to vote on municipal elections.

After the expiration of two years from the passing of such
by-law, it may, upon a vote of the electors taken as aforesaid,
be repealed, and at and from the date of the first election after 30
such repeal, this section shall cease to apply or be in force in
such village or town.

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BILL.

No. 124]. JJXUJU. [1900.

An Act allowing Municipalities to adopt Proport-
ional Kepresentation.

WHEREAS it is expedient to enable certain cities, towns,
villages and townships to adopt proportional represent-
ation for the election of alderman and councillors :

Therefore Her Majesty, by and with the advice and consent
5 of the Legislative Assembly of the Province of Ontario, enacts
as follows: —

1. This Act may be known and cited as the Proportional Short title.
Representation Act, 1899.

2i. In every city, town, village and township where the By-law for
10 council is elected by a general vote, the council of such city, proportional
town, village or township may pass a by-law providing for the representation
adoption of proportional representation in the election of ald-
erman of such city, or councillors of such town, village, or town-
ship, by any method that will result in the election of any
15 qualified candidate who obtains at the election a quota of
valid votes, the said quota being found by dividing into the
number of valid votes the number of councillors or aldermen
to be elected, ignoring fractions, if any; but such by-law l^^v. stat.
before the final passing thereof, shall receive the assent of the °'
20 electors of the municipality in the manner provided for in
section 338 and following sections of The Municipal Act.

3. Any council providing by such by-law for the said Provisions of
elections upon said principle of proportional representation
shall adopt the system of voting by ballot and all other pro-

25 visions of the said Municipal Act for the election of such ald-
ermen and councillors, so far as the same can be made for the
purpose operative ; and it shall be competent for the said
council in their said by-law to supplement the said provisions
by such further directions and provisions as may be tound

30 desirable and necessary efficiently to carry out the method
adopted for electing such aldermen or councillors in accordance
with said principle of proportional representation.

vacancies.

4. It shall be competent for any such council by such by-law ^^^^^s
to provide tor vacancies as follows :

35 (a) A vacancy may be filled or left unfilled.

Electing
single officers.

Initiative by
petition.

(6) A vacancy may be filled by declaring elected the candi-
date who at the last general election received the highest
number of votes next after the elected candidate receiving the
lowest number of votes.

(c) Other vacancies may be filled in like manner by taking 5
the candidates in the order of their number of votes from the
remaining highest to lowest.

(d). Or vacancies may be filled by a new election for the
whole city, town, village or township.

5. Any municipal council may, whether adopting proport- 10
ional representation or not, provide by by-law for the use at
the election of any municipal officer such as mayor, warden,
reeve, councillor or alderman, wherein only one office is to
be filled and wherein only one candidate can be elected, of a
preferential ballot that will enable, in the event of more than 15
two candidates running for such office, electors to designate
their choice not only by marking their ballot for the candidate
firstly desired and the elector's first choice, but in such a way

as to designate second and subsequent choices, in the alter-
native event of the first choice having been unsuccessful; and 20
for such purpose may provide for the utilization of such votes
cast for an unsuccessful candidate by a re-distributiori of them
after dropping such candidate in process of counting, after the
manner of the Hare-Spence system or such other system as
may be deemed by said council most effectual for the purpose 25

6. In case a petition signed by five percent, of the qualified
municipal electors of any city, town, village or township, the
aldermen or councillors of which are elected by a general vote,
is presented to the council of such city, town, village or town-
ship, asking that a by-law be submitted for the adoption of 30
proportional representation or of preferential balloting as set
forth in the preceding sections of this Act, it shall be the duty

of such council to submit such by-law accordingly ; and the
said council shall forthwith prepare a by-law in accordance
with the prayer of the petition and shall submit the same to 35
the electors of the municipality in the manner provided in sec-
tion 338 and following sections of The Municipal Act

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No. 125.] "DTT T ri9oo.

BILL.

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Sub section 1 of section 481 of The Municipal Act, and Rev. Stat.,
5 section 28 of Ihe Municipal Amendment Act 1899, are here- repSied.^^^

by repealed and the following substituted therefor : —

481.— (1) " In every city there shall be a board of com- Son'ia oT'
missioners of police, and in every town having a police police law
magistrate there may be a like board. Such board shall con- constituted.

10 sist of live members composed of the mayor, the judge of the
county court of the county in which the city or town is
situate, the police magistrate, and two members residents of
the city or town to be appointed by the council. In case the
office of the county judge, or that of the police magistrate, is

15 vacant, the council of the city or town may appoint a person
resident therein to be a member o£ the board, or two persons
so resident to be members thereof as the case may require
during such vacancy ; but the council of such city or town
may at any time, by by-law, dissolve and put an end to the

20 board, and thereafter the council shall have and exercise all
powers and duties previously had or exercised by the board.

2. Section 494 of the said Act is amended as follows : — By Rev. Stat.,
inserting after the word •' a " in the first line thereof the words c- 223, s. 494,

" city or " and after the word " said " in the fourth line thereof
25 the words " city or ".

amended.

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No. 126.] "DTT T [1900.

BILL.

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Section 606 of The Municipal Act is amended by adding E,ev. Stat. c.

5 the following sub-sections : amended. '

5. In any action brought under the provisions of this section Security for
the defendant corporation may, at any time after the filing of actions' for
the statement of claim, apply to the court or a judge for non-repair of
security for costs, upon a notice and an afiidavit showing the ^^^^^^ ®*°'

10 nature of the action and that the defendant corporation has a
good defence to the action on the merits or that the grounds
of action are trivial or frivolous ; and the court or judge shall
make an order that the plaintiff shall give security for the
costs to be incurred in such action, and the security so ordered

15 shall be given in accordance with the practice in cases where
a plaintiff resides out of the Province, and the order shall be a
stay of proceedings until the proper security is given ; Provided
that if upon the return of the notice the plaintiff, by affidavit,
satisfies the court or a judge that he has a good cause of action

20 against the municipality, the court or judge may order that
the action proceed without security being given.

6. For the purposes of sub-section 4 of this section the Examination
plaintiff may be examined upon oath at any time after the °^ plai°tiff-
statement of claim has been filed.

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No. 127.] "DTT T [190^-

BILL.

An Act to amend The Municipal Drainage Act.

HER, MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. The Municipal Drainage Act is amended by inserting j^g^ g^j^^. c.
5 therein the following section as section 77a. 22S amended.

77a. It shall be the duty of the owner of every lot or part Dutyof own-
of a lot assessed for benefit to clean out the drain and keep the fngout°and^'^
same free from obstructions which may hinder or impede the keeping banks
free flow of the water, and to remove therefrom all weeds and '° o^''^^'"-

10 brushwood and to keep the banks of the drain in order to the
extent and in manner or proportion and for the distance
determined by the engineer in his report, and in case any such
owner makes default in so doing for thirty days after notice
in writing from the council of the municipality the work may

15 be done by the said council or by any officer appointed by
them for the purposes of the said drain and the cost thereof
after notice of the same to the person so making default and
liable therefor shall be placed on the collector's roll against the
lands of such owner and shall be chargeable against the said

20 lands and be collected in the same manner as other municipal
or drainage assessments.

3. The Municipal Drainage Act is amended by inserting Rev. Stat. c.
the following section as section 10a. 226 amended.

10a. The engineer or surveyor shall in his report state the Engineer to
25 portion of the said drain which after the construction thereof ^rk^oT clean-
shall be by each owner assessed for benefit, cleaned out and ing out drain
kept clear and free from obstructions and in good order as »™o°g

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prescribed by the above section 77a of this Act.

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No. 128.] T)TT T [1900.

BILL

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

The Municipal Act is amended by adding thereto the follow- Rev. Stat. c.

5 ing section : 223 amendpd.

678 a. The council of every township, city, town and village in Local im-
which the local improvement system has not been adopted by whOTTsystem
by-law may nevertheless pass by-laws for any of the pur- not adopted
poses mentioned in section 664 of this Act, and may in and by I'aw^con^tri-'^^

10 the said by-law provide that the municipal corporation shall buted by
contribute a proportion not less than 30 per cent, nor more ™"°icipali*y-
than 60 per cent, of the cost of such works, and may issue
debentures for any sum or sums required to pay such propor-
tion, and may provide for the assessment of the remainder of

15 the cost of such work against the property benefited thereby
as provided in this Act with respect to other works, the cost
of which is payable by local rates.

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No. 129.] "DTT T [19^^-

BILL.

An Act to amend the Agriculture and Arts Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. The names of The Cheese and Butter Association of Names of
5 Eastern Ontario and The Cheese and Butter Association of gj^^^^^ ^sso-
Western Ontario are changed to and the said associations shall ciationa
hereafter be_^respectively known'as " The Dairymen's Associa- °lia°ged.
tion of Eastern Ontario " and " The Dairymen's Association of
Western Ontario."

10 2. SeGiion S2 oi The Agrieulticre and Arts J. cHs amended '-'*•

by striking out the name " The Cheese and Butter Association ^mended. '
of Eastern Ontario " in the eighth line and substituting there-
for the name " The Dairymen's Association of Eastern
Ontario," and by striking out the name " The Cheese and

15 Butter Association of Western Ontario " in the ninth line and
substituting therefor the name " The Dairymen's Association
of Western Ontario."

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No. 130.] T>TT T [1^00

BILL

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

Sub-section 16 of section 583 of The Municipal Act is Rev. Stat.,
5 hereby amended by striking out all the words after the word gy^^J^'ig ^^^'
" than" in the third line thereof, and substituting therefor the amended,
words " $100 for a two or one horse wagon, $25 for carrying
a basket or pack, $25 for a push cart, and $1 for one carrying
a basket, and every such licensee shall at all times whilst carry- Hawkers and

10 ing on his business have his license with him and shall upon pedlar licenses
demand exhibit the same, and upon failing to exhibit the same
when demanded shall, unless the same is accounted for satis-
factorily, be liable to a penalty of not less than $1 nor more
than $5, together with costs recoverable before a justice of the

15 peace."

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No. 131.] DTT T [1900

BILL.

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Subsection 1 of section 299 of The Municipal Act is re- ^^lio^^^^oon
6 pealed and the following substituted therefor : — subsection i

(I) The council of every municipality may, not later than Auditors
the month of November in any year, appoint two auditors to when to be
hold office during the pleasure of the council but unless and *pp*^i°*®^-
until there are two auditors so appointed in any municipality

10 every council shall, not later than the month of November in
each year, appoint two auditors to audit the accounts of the
municipality for the year commencing on the first day of
December next preceding such appointment, but no one who
at such time or during the year commencing on the said 1st

15 day of December is or was a member, or is or was a clerk or
treasurer of the council or who has or since the said 1st day of
December had directly or indirectly, alone or in conjunction
with any other person, a share or interest in any contract or
employment with or on behalf of the corporation except as

20 auditor, shall be appointed an auditor.

2. Section 301 of The Municipal Act and section 9 of The f 723^f go^.
Municipal AmendTnent Act, 1898 are repealed. ei v.'c. 23, '

s. 9 repealed.

3. Section 302 of The Municipal Act is repealed and the J^®2'23^s*302
following substituted therefor : — repealed.

25 302. The auditors of the City of Toronto and the auditors Duty of
appointed to hold office during pleasure by any council shall audUors."
every month commencing at the end of the month of December
following tlieir appointment examine and report upon all
accounts affecting the corporation or relating to any matter

30 under its control or within its jurisdiction.

4. Section 303 of the said Act is repealed and the following Rev. Stat,
substituted therefor :— " repSed.^^^

303. In the event of a vacancy in the office of auditor hap- Vacancy in
pening by death, resignation or otherwise, the council may by a^°tor.*
35 by-law fill such vacancy.

Rev. Stat. 5. — (1) Subsection 1 of section 304 of The Municipal Act

subsection i' ^^ repealed and the following substituted therefor : —
repealed. ^j^n j^ addition to puch other duties as may be imposed

audUors. upon them by by-law of the municipality the audi-

tors shall examine and report upon all accounts 5
affecting the corporation or relating to any matter
under its control or within its jurisdiction for the
year commencing on the 1st day of December pre-
ceding their appointment; and the abstract and
detailed statement hereinafter mentioned shall be 10
for the year commencing on the said 1st day of
December and the said abstract and detailed state-
ment shall be tiled with the clerk of the municipality
on or before the 10th day of December. Provided
that in the year 1900 the said abstract and detailed 15
statement shall be for the period from the 1st
Januar}'^, 1900, to the Ist December, 1900.

Subsection 6 (2) Subsection 6 of section 304 of the said Act is repealed
repealed. ^^^ ^y^^ following substituted therefor : —

Publication (6) The council of every town, township and village shall 20

and detailed ^^Id a meeting on the tenth day of December in

statement. each year, or if that date is Sunday then on the

Ibllowing Monday, and shall immediately thereafter
publish the abstract and detailed statement pre-
pared by the auditors of the receipts and expen- 2-5
ditures, assets and liabilities of the corporation for
the year commencing on the 1st day of December
of the preceding year. The said abstract and
statement shall be signed by the auditors and if
the council direct that it be published in a news- 30
paper instead of being posted up by the clerk as
hereinafter mentioned it shall be published forth-
with in one or more newspapers (if any) of the
municipality and also in such other newspapers
circulated in the municipality, as the council may 35
direct.

Subsection 7 (3) Subsections 6 and 7 of the said section 304 are repealed
repea e . ^^^ ^j^^ following substituted therefor : —

Posting up (7) Unless the council by resolution direct the publication

statement. ^^ ^^^ gg^-j abstract and detailed statement in a 40

newspaper as hereinbefore mentioned, the clerk
shall cause the same to be printed and posted up
not later than the 20th day of December in the
offices of the clerk and treasurer as well as at all
the post offices in the municipality, and at not 45
less than 12 other conspicuous places therein.

Subsection 8 (4) Subsection 8 of the said section 304 is amended by

striking out the words " twenty-fourth day of December " in
the fourth line of the said subsection and inserting in lieu
thereof the words " twentieth day of December " and by adding 50

at the end of the said subsection the words " and the person Duties of
acting as returning officer shall, if requested by any elector returi^ng
present, read said abstract and detailed statement at the nomi- officer,
nation."

5 6. Section 306 of the said Act is repealed and the following Rev. Stat.
substituted therefor :— vepSiel ^^

In the case of a local municipality the clerk shall, on or be- Abstract and
fore the 15th day of January, transmit to the clerk of the ^^g^j.^^^ b?*^
county council a copy of the auditors' abstract and detailed sent to county
10 statement for the preceding year, and the same shall be kept '^^^^^'
by the clerk of the county council as a record in his office.

7. The collector of every municipality other than the City Statement to
of Toronto shall, on or before the 1st day of December in each to auditors'*
and every year, make up and deliver to the auditors a state-

15 ment showing the amount of taxes upon his roll, the amount
collected and paid over by him, and the amount in his hands
at the said date and the statement shall be signed by the col-
lector and verified by the statutory declaration.

8. Section 328 of The Mimicipal Act is amended by insert- Rev. Stat.
20 ing after the word " Council " in first line the words " of any airfe^nded ^^^

township, town or village shall after the first day of December
and n J council " and by inserting the word " other " after the
word "any " in the first line of said section.

9. The provisions of this Act shall not apply to cities or Not to apply

25 counties. *« cities and

counties.

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No. 132.] "OTT T [^900

BILL.

An Act to improve the Laws respecting Public
Schools.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts^as follows : —

1. Section 51 of The Public Schools Act, is repealed and I^ev.^Stat.,
5 the following substituted therefor : — repealed. '

51. — (1) Once in every three years the public school inspee- Equalization

, m . 01 union scnool

tor of the county in which the school house of the union assessments,
school section is situated, and the assessors of the municipal-
ities concerned, shall after the assessors have completed their

10 respective assessments, and before the first day of July meet
and determine what proportion of the annual requisition made
by the trustees for school purposes shall be levied upon and
collected from the taxable property of the respective muni-
cipalities, out of which the union school section is formed.

15 Notice of such determination shall be given forthwith to the
secretary-treasurer of the union school section concerned, and
to the clerks of the respective municipalities. In any muni-
cipality where more than one assessor is appointed and
employed, the reeve or mayor of the municipality shall name

20 the assessor who shall act for and on behalf of such muni-
cipality.

(2) The meeting of the public school inspector and assessors
for the purposes herein set forth shall be called by the public
school inspector of the municipality in which the school house

25 of the union school section is situated.

(3) The public school inspector and the assessors may, at
the request of five ratepayers, or of any municipal council of
a municipality out of which the union school section is formed
within one month after the filing thereof with the clerk, recon-

30 sider their award, and alter or amend the same so far as to
correct any omission or error in the terms in which such award
is expressed. «

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No. 133.] T)TT T [1900.

BILL

An Act to amend the Act respecting Police
Magistrates.

"O'

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

Sub-section 1 of section 2 of The Act respecting Police Rev. Stat.
5 Magistrates is amended by striking out all the words after the "• ^^' ^- ^'
word " Magistrate " in the 8rd line thereof, down to and in- amended,
elusive of the words, $12.00 per annum, and substituting the
following therefor, •' shall be fixed by the municipal council
of such city or town."

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No. 13*]. T^ir T '-^^^^

The Provincial Drainage Aid Act.

WHEREAS the Legislature of the Province of Ontario has Preamble,
from time to time passed Vfirious Acts for the purpose
of enabling municipalities to provide drainage works by local
assessment for the removal of surface water from wet, marsh
5 and low-lying lands, and discharging such waters through such
drainage works by gravitation, pumping or other mechanical
means into natural outlets in lakes, rivers and streams;
and whereas many municipalities have taken advantage
of the said Acts and by so doing have rendered the lands in

10 such localities much more productive and valuable, but in
some cases where the main channel for the conveying and dis-
charging the water is a natural stream, creek or watercourse,
either in its natural condition or as artificially improved, or is
wholly artificial, or where throughout the course of the drain-

15 age work high lands exist, so that the cuttings of the work,
together with the length or extent of the work, are of such a
magnitude as to render the cost of the construction, recon-
struction or maintenance of the drainage scheme too great a
burden upon the owners of the lands assessed therefor ;

20 and whereas in consequence of the want of carrying
capacity for the waters and the defective nature of the outlets
reached, lands are insufficiently drained, damages are caused
by overflow and litigation has been resorted to, to compel
municipalities to provide sufficient capacity for the conveyance

25 and discharge of the waters into such an outlet as will cause
no damage to adjoining lands ; and whereas the sum of
ten million dollars more or less has been expended in
the construction and maintenance of such drainage schemes,
and large sums of money, in addition to private expendi-

30 ture have been loaned by the Legislature of the Pro-
vince of Ontario for the construction of tile or under
drainage, and as the best results have not and cannot be real-
ized from such expenditure without providing an effective
main channel for the removal and safe discharge of all waters

35 conveyed by such under drainage and the branches or laterals
of the main channel, it is expedient that the Legislature in the
public interest should grant such aid as will assist in improv-
ing and perfecting the principal outlet for such water ;
and whereas on account of the great expense of providing

40 the main channel with sufficient depth, and with sufficient
capacity to produce the best results from under drains, award
drains and drainage works constructed by by-laws, many

municipalities have been wholly nnable to undertake and
carry out, at the expense of the lands intere.-sted, such works
as will perfect the whole drainage sy.steiii within the water-
shed, and thus render it most effective in the drainage of the
lands and in the cultivation and value thereof ; and whereas 5
nmerous large tracts of submer<^ed lands have been reclaimed
by embanking and pumping and other mechanical means
to the great advantage of the Province, although in
some cases the results of the work undertaken for such
purposes are not satisfactory because of insufficient outlet ; 10
and whereas the intention of this Act is not in any way to
interfere with any of the provisions of The Municipal Dr<iin-
age Act, or of any other Acts relating to the removal of surface
water, but on the contrary to supplement the provisions of the
said Act so as to encourage and assist the construction and re- 15
construction of the main channels and pumping or artificial
outlets in cases where the levying of the costs required to pro-
vide the same would be greater than the lands interested there-
in or affected thereby could be reasonably expected to bear.

Therefore Her Majestj^ by and with the advice and consent 20
of the Legislative Assembly of the Province of Ontario, enacts
as follows :

Application 1. This Act shall apply to that portion of the trunk channel

'^ '^ ■ constituting the outlet of any drainage work as defined by The

Municipal Drainage Act and of any drainage works now 25
constructed or hereafter to be constructed for effecting drainage
by embanking, pumping or other mechanical means.

Act to extend 2. The provisions of this Act shall be applicable to the
tion'of "works. Construction or reconstruction of any drainage work mentioned

in the next preceding section hereof. 80

Council of 3. The council of the municipality initiating the con-

munici^pality struction or reconstruction of any drainage work as above •
to apply for described shall be the applicant for aid to the Lieutenant-
Governor of the Province of Ontario in any case where assist-
ance is sought. 36

aid

Formof appli- 4. The application shall be by way of petition and shall set
forth the engineer's report on the proposed work after adop-
tion by the council initiating tlie work, the assessments upon
the lands interested therein or affected thereby and the cash
value of the lands so assessed and in parcels as described by 40
the engineer in making his assessment, and such petition shall
be verified by the statutory declaration of the engineer
employed by such municipality to make the report, and a field
plan of the proposed work shall be furnished with the petition.

Examination 5, Should the said report and field plan show that the pro- 45
aid o^'^rrp )rt posed work was being undertaken for any of the following

thereon.

10 Department, whose duty it shall be to report fully upon the
contemplated work and all matters connected therewith, and
upon his report the Lieutenant-Governor in Council may
assume and pay such proportion of the cost of the undertaking
as may seem just and reasonable and in the public interest

15 and as may be approved by the Legislative Assembly.

6. This Act may be known and cited as 7'he Proviyicial short title.
Drainage Aid Act.

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No. 13*]. |3T r T [1900

BILL.

The Provincial Drainage Aid Act.

WHEREAS the Legislature of the Province of Ontario has Preamble,
from time to time passed various Acts for the purpose
of enabHng municipalities to provide drainage works by local
assessment for the removal of surface water from wet, marsh
and low-lying lands, and discharging such waters through such
drainage works by gravitation, pumping or other mechanical
means into natural outlets in lakes, rivers and streams ;
and whereas many municipalitit s have taken advantage
of the said Acts and by so doing have rendered the lands in
such localities much more productive and valuable, but in
some cases where the main channel for the conveying and dis-
charging the water is a natural stream, creek or watercourse,
either in its natural condition or as artificially improved, or is
wholly artificial, or where throughout the course of the drain-
age work high lands exist, so that the cuttings of the work,
together with the length or extent of the work, are of such a
magnitude as to render the cost of the construction, recon-
struction or maintenance of the drainage scheme too great a
burden upon the owners of the lands assessed therefor ;
and whereas in consequence of the want of carrying
capacity for the waters and the defective nature of the outlets
reached, lands are in.sufficiently drained, damages are caused
by overflow and litigation has been resorted to, to compel
municipalities to provide sufficient capacity for the conveyance
and discharge of the waters into such an outlet as will cause
no damage to adjoining lands ; and whereas the sum of
ten million dollars more or less has been expended in
the construction and maintenance of such drainage schemes,
and large sums of money, in addition to private expendi-
ture have been loaned by the Legislature of the Pro-
vince of Ontario for the construction of tile or under
drainage, and as the best results have not and cannot be real-
ized from such expenditure without providing an effective
main channel for the removal and safe discharge of all waters
conveyed by such under drainage and the branches or laterals
of the maifi channel, it is expedient that the Legislature in the
public interest should grant such aid as will assist in improv-
ing and perfecting the principal outlet for such water;
and whereas on account of the great expense of providing
the main channel with sufficient depth, and with sufficient
capacity to produce the best results from under drains, award
drains ^and drainage works constructed by by-laws, many

municipalities have been wholly unable to undertake and
carry out, at the expense of the lands interested, such works
as will perfect the whole drainage system within the water-
shed, and thus render it most effective in the drainage of the
lands and in the cultivation and value thereof ; and whereas
nmerous large tracts of submerged lands have been reclaimed
by embanking and pumping and other meclianical means
to the great advantage of the Province, although in
some cases the results of the work undertaken for such
purposes are not satisfactory because of insufficient outlet ;
and whereas the intention of this Act is not in any way to
interfere with any of the provisions of The Municipal Drain-
age Act, or of any other Acts relating to the removal of surface
water, but on the contrary to supplement the provisions of the
said Act so as to encourage and assist the construction and re-
construction of the main channels and pumping or artificial
outlets in cases where the levying of the costs required to pro-
vide the same would be greater than the lands interested there-
in or affected thereby could be reasonably expected to bear.

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows :

Appiicatiun 1. This Act shall apply to that portion of the trunk channel

0 Act. constituting the outlet of any drainage work as defined by The

Municipal Drainage Act and of any drainage works now

constructed or hereafter to be constructed for effecting drainage

by embanking, pumping or other mechanical means.

Act to extend 2. The provisions of this Act shall be applicable to tl)e
tion^of "works. Construction or reconstruction of any drainage work mentioned
in the next preceding section hereof.

Council of 3. The council of the municipality initiating the eon-

municipality struction or reconstruction of any drainage work as above
to apply for described shall be the applicant for aid to the Lieutenant-
Governor of the Province of Ontario in any case where assist-
ance is sought.

aid,

Formof appii- 4 The application shall be by way of petition and shall set
forth the engineer's report on the proposed work after adop-
tion by the council initiating the work, the assessments upon
the lands interested therein or affected thereby and the cash
value of the lands so assessed and in parcels as described by
the engineer in making his assessment, and such petition shall
be verified by the statutory declaration of the engineer
employed by such municipality to make the report, and a field
plan of the proposed work shall be furnished with the petition.

Exaaiuation 5. Should the sald report and field plan show that the pro-
aid on'^repori poscd work was being undertaken for any of the following
thereeu.

purposes: (a) To provide or improve that portion of the
trunk channel constituting the outlet for the drainage work ;
(b) to furnish capacity over intervening high lands to
a natural or other out-let; (c) to render more effect-
ive the operating of a drainage work by embanking,
pumping or other mechanical means ; then and in every such
case the Lieutenant-Governor-in-Council may cause an exam-
ination of the drainage work referred to in the petition and
field plan to be made by an engineer of the Public Works
Department, whose duty it shall be to I'eport fully upon the
contemplated work and all matters connected therewith, and
upon his report the Lieutenant-Governor in Council may
assume and pay such proportion of the cost of the undertaking
as may seem just and reasonable and in the public interest
and as may be approved by the Legislative Assembly.

'^^6. The Lieutenant-Governor in Council may at any time
direct any investigation or enquiry lespecting the said drain-
age work and any claim for damages or compensation arising
from the construction, re construction or maintenance of the
said drainage work or consequent thereon, to be made by the
Referee under the Drainage Laws as may be deemed proper,
who shall have and possess, in making such investigation and
enquiries, all the powers conferred upon him by The Muni-
cipal Drainage Act.'^^

7. This Act may be known and cited as 7'he Provincial ^^orttitlp.
Drainage Aid Act.

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No. 135.] "DTT T [1900.

BILL.

An Act to amend The Voters' List Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of Ontario, enacts as fol-
lows : —

1. Section 6a of The Ontario Voters' List Act, as enacted by ^^ V. (2), c. 3,
5 section 1 of the Act passed at the second Session held in the ' '

62nd year of Her Majesty's reign, chapter 3, is amended by
inserting after the word " city " in the first line of subsection
1 of the said "section the words "or town," and by inserting Yoters' lists in
after the word " city " in the seventh line of the said sub- towTs^where
10 section the words " or town," and by inserting after the word roll not re-
" list," at the end of the tenth line of said subsection, the before'soth
words " in the case of a city and one hundred copies in tho September,
case of a town."

2. The said section is further amended by inserting after 62 V. (2) c. 3,
15 the word " city," in the first line of subsection 2, the words '• ^' *""®°^^'^-

" or town."

3. The said section is further amended by inserting after 62 v. (2) c. 3,
the word " city," in the first line of subsection 6 theieof, the ^- ^' amended,
words "or town."

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No. 136.] T>TT T [1900.

BILL.

An Act relating to Medical Colleges and Schools in
affiliation with the University of Toronto.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario^
enacts as follows : —

1. There shall be a medical department of the University of Medical De-
5 Toronto which shall from and after the passing of this Act University!

consist of all the teaching medical colleges or medical schools
in Ontario, which are now, or which may heieafter become,
affiliated with the said University of Toronto, being the Pro-
vincial University.

10 'i. Section 44, chapter 2(^)8 of the Revised Statutes of On- Rev. Stat,
tario, 1897, is amended by adding thereto the following sub- ame^nded.*^
section : —

2. The examiners in tlie several subjects of the medical Examiners in
course in the said medical department hereby created, shall be course.

15 selected from the various medical colleges or medical schools
in affiliation with the University of Toronto. An equal num-
ber of such examiners shall be selected from each of the said Appoixitment
affiliated medical colleges or schools, and the examiners repre- °f examiters.
senting each medical college or school shall be appointed by

20 the Senate on recommendation of the respective teaching
medical faculties.

3. Each affiliated teaching medical college or school shall Representa-
be represented on the Senate of the said University of Toronto cal colleges on
by one member only, and no other member of any such medi- Senate.

25 cal college or school, except the said representative, shall be
eligible for election to the Senate. Each affiliated medical
college or school shall elect its own representative upon the
Senate.

4. Sub-section 4 of section 11 of the said Act is hereby re- Rev. Stat
SO pealed and the following sub-section substituted therefor : — c. 298, s. ii,

subs. 4 re-

4. At elections to the Senate the graduates in Law of the pealed.
University of Toronto shall vote as one body and shall be Rep'eseuta-
entitled to elect two members of the Senate. graduates in

law on Senate.

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No. 137.] "PTT Y [1900.

BILL.

An Act to Provide for the Incorporation of Co-opera-
tive Cold Storage Associati(ms.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. — (1) At any time hereafter, any five or more persons who Modeof incor
5 desire to associate th'emselves together for the purpose of ^'^'^ ^°"'
carrying on the business of storage of fruits, dairy products,
animal products, canned goods, evaporated or dried vegetables,
and all similar food products, and for the sale or disposal of the
same, may make, sign and acknowledge before a notary public,

10 commissioner or justice of the peace, in duplicate, and tile in the
office of the registrar of the registry division in which the busi-
ness is to be carried on, a certificate in writing, in the form men- ^° t»ficate.
tioned in the schedule to this Act, or to the same effect,
together with the rules and regulations, signed by such persons

15 respectively.

(2) The signatures to the rules shall be verified by the affi- Verifying sig-
davit of a subscribing witness thereto, made before a notary ruieY^^ '°
public, justice of the peace, or commissioner authorized to take
aflidavits, or before the registrar or deputy-registrar.

20 (3) Upon the filing of the certificate and rules as aforesaid, Incorporation
the members of the association shall become a body corporate, ficatelnd^"^*^
by the name therein described, with the power to hold such Joules.
lands as are required for the convenient management of their
business.

25 (4) The registrar or deputy- registrar shall, if desired by the Certificate of
person filing the certificate, endorse on the other duplicate cer- '°^"
tificate and upon the duplicate of the rules, certificates of the
other duplicates having been filed in his office, with the date
of filing, and every such certificate shall be prima Jade

30 evidence of the facts stated therein 'and of the incorporation
of the association.

(-5) All rules made by the association may be repealed, Repeal,
altered or amended by other rules passed at a regular meet- etc., of rules,
ing called for that purpose, provided no such new rule shall
35 have any force or effect until a copy, proved by the aflSdavit
of the president or other head officer of the association, to be
a true copy of the rule or rules passed by the association at a
meeting specially called for the purpose of considering the

same, has been filed in the registry office in which the certifi-
cate of incorporation was filed.

Book to be (6) The association shall cause a book to be kept by the

ingcert?ficate secretary or some other officer especially charged with that
etc. ' duty, wherein shall be kept, ^

(a) A duplicate of the certificate and of the rules filed as

aforesaid in the office of the registrar, so that per-
sons becoming members of the association may
sign the said certificate and rules.

(b) Any person so desiring to become a member of, or a 1^

stockholder in the said association after incorpora-
tion as aforesaid, may sign the said certificate and
rules in the said book, and shall thereupon become
such member, and he shall be entitled to the rights
and privileges thereof, and shall become liable as •'■^
such membr as fully as though he had signed the
certificate prior to the said incorporation of the
association.

Restriction 2. No association shall be registered under a name identical

compauy. with that by which any other existing association has been 20

registered, or so nearly resembling such name as to be likely

to deceive the public.

Certificate to
be registered
in every divi-
sion in which
business is
carried on.

Shares.

Rules of
association.

3. Any certificate so to be filed may designate any one or
more places where the business is to be carried on ; but if in
different registry divisions, a duplicate must be filed in the £5
registry office of each division.

4. A member of an association incorporated under this Act
may have shares therein to an amount mentioned in the by-
laws of the association not to exceed SI, 000.

5. Before an association "commences operations under this 30
Act, they shall agree upon and frame a set of rules for the
regulation, government and management of the association,
which shall contain — (1) a mode of convening general and
special meetinojs ; (2) provisions for audit of accounts ; (3)
power and mode of withdrawal of members; (4) appoint.iient 35
of managers and other officers and their respective duties, and

a provision for filling vacancies caused by death, resignation
and other causes.

Rules to be
binding on
members.

6. The rules of every association registered under this Act
shall bind the association aud members thereof to the same 40
extent as if each member had subscribed his name and affixed
his seal thereto ; and all moneys payable by any member to
the association, in pursuance of said rules, shall be deemed to
be a debt due from such member of the association.

Capital stock, 7. The capital of the association shall be in shares of such 46
denomination as mentioned in the rules.

8. The shares of the association shall be transferable subject Transfer of
to the consent rnd approval of the association.

9. All elections shall be by ballot, and each member shall ]^o<ie of vot-
have one vote for each share held by him, in respect of which ^"^*

5 he is not in default for any calls made thereon.

10. Every dispute between members or between members Disputes to
and the association established undei' this Act, or any person arWtration.**'
claiming through or under a member or under the rules of the
association, and the directors, treasurer, or other officer thereof,

10 shall be decided by arbitration in manner directed by the rules
of the association, and the decision so made shall be binding
and conclusive on all parties without appeal.

11. The liability of the shareholders shall be limited, that J^ab'J*yo'
is to say, no shareholder in such association shall be in any limited.

15 manner liable for or charged with the payment of any debt or
demand due by the association beyond the amount of his share
or shares subscribed for, and any shareholder having fully paid
up the amount of his said share or shares shall be absolved
from all further liability.

20 13. The fees to be charged by the registrar for filling any Fees of
certificate shall be fifty cents, and for any search relating '^®if'^*'^*'^-
thereto ten cents.

13. Every association incorporated under this Act shall Power to pur-
have power to purchase or lease lands or buildings necessary ^'^'^^^e, lease,

25 for carrying on its business and to sell or otherwise dispose of sell lands,
the same when no longer required for the purposes of the
association ; and shall also have power to raise money by mort-
gage upon the real and personal property of the association,

14. Every such mortgage shall be valid and binding upon Mortgages,
30 the association to the extent of the interest conveyed thereby, executed^

and the covenants on the part of the said association therein
contained, according to the true intent of the meaning thereof,
when signed by the president and treasurer of the association,
with the corporate seal of the association affixed thereto.

35 15. No siich mortgage shall be given and no such mort- Mortgage to
gage or sale shall' be binding upon the association until the by share-
same has been approved by the vote of two-thirds in value of holders,
the shareholders in the association, to be given by by-law
passed at a special meeting of the association duly called for

40 that purpose.

1 6. The Lieutenant-Governor in Council may by Order-in- Grant in aid
Council direct that out of any monies voted by the Legisla- of cold s'orage
tive Assembly for the purpose, there may be paid to any as«o°'**'o"»-
Co-operative Cold Storage Association incorporated under this

Act a sum not exceeding one-fifth of the cost of the construc-
tion and equipment of any building erected for cold storage
purposes by any such association provided that no association
shall receive a larger amount than $500 under this section ;
and provided that no pa3^ment shall be made under thi? sec- 6
tion until the Commissioner of Public Works of the Province
of Ontario has reported that he has caused the said building
to be examined and that as to structure equipment and all
reasonable essentials for cold storage purposes, such building
will supply effectual cold storage for the products of the dairy, 10
orchard and farm and such other products as are usually
placed in cold storage for preservation ; and provided that no
payment shall be made under this section after the expiration
of five years from the date of the passing of this Act.

SCHEDULE A.

(Section 1 {!).)
Form of Certificate.

TO WIT : ) do hereby certify that we desire to form a company

or association pursuant to the provisions of the " Act to provide for the
incorporation of Co-operative Cold Storage Association."

The corporate name of the Association is to be (insert name of the asso-
ciation), and the objects for which the Association is to be formed are
(insert objects for whicli association is formed). The number of shares is
to be unlimited and the capital is to cot)sist of shares of (insert amount of
shares) each, or of such other amount as shall, from time to time, be deter-
mined by the rules of the Association. The name of the place (or places)
where the operations of the said Association are to be carried on is (or are)
(insert name of place or places where the operations of the said Association
are to be carried on.)
Dated the day of

(Signature).

On the day of , A.D. 19 , before me personally

appeared (insert names of subscribers to the certificate) to me known to be
the individuals described in the fore<i;oing certificate, and they severally
before me signed the said certificate, and acknowledged that they signed
the same for the purposes therein mentioned.

A.B.,
Justice of the Peace, or
Commissioner for taking Affidavits, or
Notary Public.

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No. 137.] "Q7 T \ tl9^^

BILI.

An Act to Provide for the Incorporation of Co-opera-
tive Cold Storage Associations.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. — (1) At any time hereafter, any five or more persons who Modeof incor
desire to associate themselves together for the purpose of P'''**'*'"-
carrying on the business of storage of fruits, dairy products,
animal products, canned goods, evaporated or dried vegetables,
and all similar food products, and for the sale or disposal of the
same, may make, sign and acknowledge before a notary public,
commissioner or justice of the peaca, in duplicate, and tile in the
office of the registrar of the registry division in which the busi-
ness is to be carried on, a certificate in writing, in the form men- ^® tificate.
tioned in the schedule to this Act, or to the same effect,
together with the rules and regulations, signed by such persons
respectively.

(2) The signatures to the rules shall be verified by the affi- Verifying sig-
davit of a subscribing witness thereto, made before a notary ^^i^^^^ ^°
public, justice of the peace, or commissioner authorized to take
affidavits, or before the registrar or deputy-registrar.

(3) Upon the filing of thfi certificate and rules as aforesaid, Incorporation
the members of the association shall become a body corporate, ficate'and^'^*^
by the name therein described, with the power to hold such rules.
lands as are required for the convenient management of their
business.

(4) The registrar or deputy-registrar shall, if desired by the Certificate of
person filing the certificate, endorse on the other duplicate cer- ^^*°^'
tificate and upon the duplicate of the rules, certificates of the

other duplicates having been filed in his office, with the date
of filing, and every such certificate shall be prima Jacie
evidence of the facts stated therein and of the incorporation
of the association.

(5) All rules made by the association may be repealed. Repeal,
altered or amended by other rules passed at a regular meet- etcf°of"ru"e8.
ing called for that purpose, provided no such new rule shall

have any force or effect until a copy, proved by the affidavit
of the president or other head officer of the association, to be
a true copy of the rule or rules passed by the association at a
meeting specially called for the purpose of considering the

same, has been filed in the registry office in which the certifi-
cate of incorporation was filed.

Book to be (6) The association shall cause a book to be kept by the

higcertificate secretary or some other officer especially charged with that
etc. ' duty, wherein shall be kept,

(a) A duplicate of the certificate and of the rules filed as

aforesaid in the office of the registrar, so that per-
sons becoming members of the association may
sign the said certificate and rules.

(b) Any person so desiring to become a member of, or a

stockholder in the said association after incorpora-
tion as aforesaid, may sign the said certificate and
rules in the said book, and shall thereupon become
such member, and he shall be entitled to the rights
and privileges thereof, and shall become liable as
such membr as fully as though he had signed the
certificate prior to the said incorporation of the
association.

Restriction 2. No association shall be registered under a name identical

company. with that by which any other existing association has been

registered, or so nearly resembling such name as to be likely

to deceive the public.

Certificate to 3 ^^y certificate so to be filed may designate any one or
in every divi- more places where the business is to be carried on ; but if in

sion in which different registry divisions, a duplicate must be filed in the
business is . , r^P <■ 1 t • •

carried on. registry oflice oi each division.

Shares.

Rules of
association.

4. A member of an association incorporated under this Act
may have shares therein to an amount mentioned in the by-
laws of the association not to exceed $1,000.

5. Before an association commences operations under this
Act, they shall agree upon and frame a set of rules for the
regulation, government and management of the association,
which shall contain — (1) a mode of convening general and
special meetings ; (2) provisions for audit of accounts ; (3)
power and mode of withdrawal of members ; (4) appoint.uent
of managers and other officers and their respective duties, and
a provision for tilling vacancies caused by death, resignation
and other causes.

Rules to be
binding on
members.

6. The rules of every association registered under this Act
shall bind the association and members thereof to the same
extent as if each member had subscribed his name and affixed
his seal thereto ; and all moneys payable by any member to
the association, in pursuance of said rules, shall be deemed to
be a debt due from such member of the association.

^7. Any association formed under this Act may provide cold
storage for others than members of the association, but only

upon condition that the fees be charged to such other person
shall iirst be submitted to an(^ approved by the Minister of
Agriculture, and the tariff of fees so approved shall not be
exceeded.'^

8. The capital of the association shall be in shares of such capital stock,
denomination as mentioned in the rules.

9. The shares of the association shall be transferable subject Transfer of
to the consent rnd approval of the association. shares.

10. All elections shall be by ballot, and each member shall Mode of vot-
have one vote for each share held by him, in respect of which ^°^-

he is not in default for any calls made thereon.

11. Every dispute between members or between members Disputes to
and the association established under this Act, or any person be referred to
claiming through or under a member or under the rules of the
association, and the directors, treasurer, or other officer thereof,

shall be decided by arbitration in manner directed by the rules
of the association, and the decision so made shall be binding
and conclusive on all parties without appeal.

12. The liability of the shareholders shall be limited, that Liability of
is to say, no shareholder in such association shall be in any i^[t®^°^ "
manner liable for or charged with the payment of any debt or
demand due by the association beyond the amount of his share

or shares subscribed for, and any shareholder having fully paid
up the amount of his said share or shares shall be absolved
from all further liability.

13. The fees to be charged by the registrar for filling any Fees of
certificate shall be fifty cents, and for any search relating registrar,
thereto ten cents.

14. Every association incorporated under this Act shall Power to pur-
have power to purchase or lease lands or buildings necessary chase, lease,
for carrying on its business and to sell or otherwise dispose of ^i*n|nd*s.°'^
the same when no longer required for the purposes of the
association ; and shall also have power to raise money by mort-
gage upon the real and personal property of the association.

1 5. Every such mortgage shall be valid and binding upon Mortgages,

■ ' " how to be
executed.

the association to the extent of the interest conveyed thereby, **°^ *° ^

16. No such mortgage shall be given and no such raort- Mortgage to
gage or sale shall be binding: upon the association until the ^e approved
same has been approved by the vote of two-thirds in value of holders.

the shareholders in the association, to be given by by-law
passed at a special meeting of the association duly called for
that purpose.

Grant in aid 1*^- The Lieutenant- Governor in Council may by Order-in-
of cold storage Council direct that out of any monies voted by the Legisla-
tive Assembly for the purpose, there may be paid to any
Co-operative Cold Storage Association incorporated under this
Act ^or to any association or company for the manufacture
of cheese or butter incorporated under chapter 201, R.S.O.,
1887, entitled An Act Respecting Cheese and Butter
Manufacturing Associations and Gompanies,'^^ a sum not
exceeding one-fifth of the cost of the construction and
equipment of any building erected for cold storage pur-
poses by any such association provided that no association
shall receive a larger amount than $500 under this section ;
and provided that no payment shall be made under thi? sec-
tion until the Commissioner of Public Works of the Province
of Ontario has reported that he has caused the said building
to be examined and that as to structure equipment and all
reasonable essentials for cold storage purposes, such building
will supply effectual cold storage for the products of the dairy,
orchard and farm and such other products as are usually
placed in cold storage for preservation ; and provided that no
payment shall be made under this section after the expiration
of five years from the date of the passing of this Act ; ^^pro-
vided also that no such grant shall be paid to any association
in connection with the erection of a cold store building situ-
ated within five miles of any other cold storage building
already assisted under this Act ; or within five miles of any
other cold storage building operated and available for general
public use."^

^18. The sum appropriated for any cold storage building by
order of the Lieutenant-Governor under this Act shall be a
first lien upon said buildings and shall so continue for a
period of five years after such appropriation is made, and
such lien shall be a debt to the Crown and shall be recover-
able in case such building is used for any other than cold
storage purposes within the meaning of this Act by such
action as the Lieutenant-Governor in Council may direct.*^

SCHEDULE A.

(Section 1 {!).)
Form of Certificate.

TO WIT : ) do hereby certify that we desire to form a company

or association pursuant to the provisions of .the " Act to provide for the
incorporation of Co-operative Cold Storage Association."

The corporate name of the Association is to be (insert name of the asso-

ciation), and the objects for which the Association is to be formed are
(insert objects for which association is formed). The number of shares is
to be unlimited and the capital is to consist of shares of (insert amount of
shares) each, or of such other amount as shall, from time to time, be deter-
mined by the rules of the Association. The name of the place (or places)
where the operations of the said Association are to be carried on is (or are)
(insert name of place or places where the operations of the said Association
are to he carried on.)
Dated the day of

(Signature).

On the day of , A.D. 19 , before me personally

appeared (insert tmmes of subscribers to the certificate) to me known to be
the individuals described in the foregoing certificate, and they severally
before me signed the said certificate, and acknowledged that they signed
the same for the purposes therein mentioned.

A.B.,
Justice of the Peace, or
Commissioner for taking Affidavits, or
Notary Public.

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No. 138.

BILL '''^-

An Act to amend The Liquor License Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario, ^^245^3**54
enacts as follows : — siib-s.'i,

amended.

1. Sub-section 1 of section 54 of The Liquor License Act liquor between
5 is amended by inserting after the word "closed" in the ^p-'^- on

twelfth line thereof the words: — " Save and except to 60 >i(* 6*a!m.^^*°
fide travellers or to persons lodging in the place." on Monday.

Rev. Stat.

2. Sub-section 1 of section 55 of the said Act is amended ^^^t^'i^" ^^'
by inserting alter the word " day " in the eighth line thereof amended.

10 the words : — "Save and except to 6owa ^c^e travellers or to ^"PP^^^"^

,,..,, 1 ,, ^ liquor after

persons lodging in the place. closing hours

on other days.

3. Section 58 of the said Act is amended by inserting after ^^2^45^8**58
the word " election " in the fifth line thereof the words : — amended.
",Not a municipal bye-election." on^omn*?"

days.

15 4. Sub-section 2 of section 141 of the said Act is amended Rev. Stat,
by adding thereto :— sub-s.'l,' ^^^'

'• And if any such by-law is not so approved, or if any such amended,
repealing by-law is so approved, no other by-law shall be by laws?'*""
submitted for the like approval within the full term of three

20 years thereafter.

5. Subsection 1 of section 12 of ""the said Act is amended Rev. Stat.
by striking out the words " in any city " in the first and gub-s.'i^' '
second lines thereof. amended.

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No. 139.] "DTT T f^^^^

BILL.

An Act to amend the Municipal Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Subsection 1 of section 35 of The Municipal Amend-

5 ment Act, 1899, is hereby amended by striking out all the

words after the word " inclusive " in the fourth line and

inserting in lieu thereof the following words and articles,

4 to (ad) inclusive.

4. By the councils of cities, towns and villages, for con- ^^gtruSg

10 structing gas, electric light, power and water works, and for gas, electric
raising the money necessary to defray the cost thereof, in ^^^terworks.
manner provided in this Act with respect to money by-laws,
and making the principal payable either in yearly instalments,
or at the end of the term with the proper provision for a sink-

15 ing fund.

The principal to be payable within the following terms, not
exceeding thirty years, and not less than five years in the case
of gas or water works.

Not exceeding thirty years and not less than five years in

20 the case of electric light works in towns and villages having a
population of 5,000 or less as ascertained by the last census of
Canada.

Not exceeding twenty years and not less than five years in
the case of electric light works in cities and towns and villages,

25 having a population of over 5,000 as ascertained by such
census.

(a) If however there is in any such municipality a Gas, Council to
Electric Light, or Water Company duly incorporated, and in the ^^g Ughting
case of a Gas or Electric Light Company supplying or having companies.

30 within the year then last past supplied the municipality with
gas or electric light for street lighting or a Water Company
that is supplying or has within the year then last past, supplied
water for street hydrants in the municipality, — The following
proceedings shall be had before the council shall construct such

35 works.

(1) The council shall by by-law fix a price to be offered to
such company, for the works, and property of the company or
such part or parts thereof as they desire to purchase and shall,
give notice thereof to the company.

(2) The company may within days after receiving
such notice either accept the said offer or else signify their
willingness to have the value determined by arbitration.

(3) Should the company within such days neither
accept the said offer nor notify the council of their willingness 5
to have the value determined by arbitration then the council
may proceed without any further reference to the company.

(4) Should such offer be accepted or an arbitration be held
then as soon as the price accepted or awarded has been paid to
the company, or paid into the High Court of Justice the 10
council may take possession of the works of the company and
proceed to exercise the powers conferred upon the council by
law.

(5) Should there be more than one such company, in any
such municipality then such proceedings may be taken with ^^
reference to one or more or all such companies.

Arbitration. («'2) Any such arbitration shall be subject to the following
regulations, in addition to or substitution for the provisions
respecting arbitrations contained in this Act.

(1) The reference shall be to a single arbitrator, either the 20
official arbitrator or, if either party shall so desire, to a referee

to be named by one of the Justices of the High Court, if the
parties do not agree on a referee.

(2) The award shall be made within thirty days from the
appointment of the arbitrator, provided that either party on 25
application to a judge of the High Court of Justice in Cham-
bers and on good cause shown may procure an enlargement of
the time for making the award, but the arbitrator may from
time to time, on consent of both parties, enlarge the time for
making the award. 30

(3) The share of the costs to be allowed or taxed against
either party (including share of arbitrator's fees) shall not ex-
ceed $500.00 if amount of award is $100,000.00 or under, and
$1,000.00 if amount of award is over $100,000.00.

(a3) In any arbitration under clause (a) hereof to determine 35
the price to be paid for the works and property of a gas or
water company, the arbitrators shall determine the actual
value of such works and property, having regard to what the
same would cost if the works should then be constructed or
the property then bought, making due allowances for deterior- 40
ation and wear and tear, and making all other proper allow-
ances, but not allowing anything for prospective profits or
franchise, and shall increase the amount so ascertained by ten
per cent, thereof, and such increased amount »hall be the
amount which the arbitrator or abitrators shall award as the 45
price to be allowed for the said works and property.

Purchase. (^4) In any arbitration under clause (a) hereof to determine

the price to be paid for the works and property of an electric
light company, the arbitrators shall determine the actual value

of such works and property, having regard (1) to what the
same would cost if the works should then be constructed or
the property then bought ; (2) to the condition of the works
and to the deterioration thereof from use and wear and tear
5 and to depreciation thereof by reason of the system or appli-
ances having become in whole or in part obsolete; (3) tothevalue
of such works and property to the municipal corporation for
the purposes and to the extent to which the municipality can
make use of the same ; (4) to the cost of procuring more valu-

10 able or modern improvements therefor, if any, and the cost <^f
acquiring the right to use and of adopting such improvements,
the arbitrators making all proper allowances but not allowing
anything for prospective profits or franchise, and such amount
so ascertained shall be the amount which the arbitrators shall

15 award as the price to be allowed for the works and property.

(a5) The council shall have the right of limiting the offer Contract,
to be made to the company to such part of the company's
works as are actually required for the purposes of the muni-
cipality, subject to the following provisions : —

20 (1) Such offer may be for a part or parts of the works and
property of the company or for purchase of part or parts and
use of part or parts of the works and property of the com-
pany at the option of the council.

(2) A like offer or offers may be made from time to time for
25 successive parts of th« works and property of the company.

The municipality shall not duplicate any part of the works of
the company without first making an offer to the company to
purchase same.

(3) In the event of any portion of the works or property
30 of the company which is not taken by the municipality, and

which is legitimately part of the works and bona fide acquired
or built therefor, being depreciated in value by reason of the
severance, the arbitrator, shall in addition to determining the
value of the part or parts of the works and property of the
35 company for which the offer is made assess the damages to be
paid in consequence of such depreciation and add the same to
the amount of his award.

(4) The arbitrator may as an alternative to awarding dam-
ages for depreciation as lierein provided, award that the

40 municipality shall take a portion or portions of the company's
works or property to be by him specified in his award and at
a price to be fixed by him, in addition to the part sought to be
taken by the municipality and the arbitrator may make any
other award alternative to awarding damages for depreciation

45 as aforesaid which will do justice between the parties and the
municipality may elect which of the alternative awards they
shall adopt as binding.

(a6) The council shall have three months after the accep- Withdrawal
tance of the offer or the publication of the award withm which »* °^^^-

Arbitration
for private
consumers.

Authority to
take proceed-
ings in name
of municipal-
ity.

to withdraw their offer by giving notice in writing to the com-
pany in which event they shall pay all the costs of the refer-
ence and award if any provided, also that in the event of such
withdrawal the municipality shall not again take similar pro-
ceedings until the expiration of two years from such with- 5
drawal.

(a7) In case there is any such company supplying gas,
electric light or water to the municipality, the council shall be
entitled to have the terms upon which the company will supply
the municipality i'or public purposes and private consumers 10
for their purposes for a term of not more than ten years or
less than live years settled by arbitration as provided in the
preceding articles of this section.

(a8) Upon an application in writing signed by not less than
five (5) ratepayers of the municipality the council of any 15
municipality may in its discretion by by-law permit the per-
sons making such application to use the name of the municipal
corporation for the purpose of taking proceedings to determine
the price at which gas and electric light shall be supplied to
the inhabitants of the municipality for domestic and other 20
purposes ; provided that no such by-law shall be passed until
the persons making such application have given satisfactory
security to the council to indemnify the municipal corporation
against all costs which may be incurred in the arbitration
proceedings. After the passing of such by-law, the said 25
applicants may in the name of the municipal corporation name
and give notice of an arbitrator to determine the price and
terms of the contract for the supply of gas and electric light
or energy to the inhabitants of the municipality for domestic
purposes ; and for the purpose in this paragraph set forth, the 30
said applicants so acting in the name of the municipal corpora-
tion shall have the power to do all necessary things and take
all necessary steps, and their acts shall be as binding upon the
upon the municipal corporation as if the said proceedings were
taken by the said municipal council thereof, and in case the 35
company and the applicants so acting in the name of the
municipal corporation do not agree, the said price and terms
shall be determined by arbitration under this Act. The muni-
cipal corporation shall have the right and is hereby authorized
to take proceedings by arbitration in its own name for the 40
purposes in this subsection mentioned and shall have all
necessary powers for that purpose whether on its own motion
or when used as in this subsection is provided.

(a9) All the provisions of this section shall apply where an
individual supplies electric light or electrical energy, or gas or 45
water for municipal and public purposes. In all such cases
the municipal corporation and the individual shall proceed
hereunder, and be subject to the provisions hereof in the same
manner as if the individual were a company.

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No. 140.] "DTT T [1^^^-

BILL.

An Act to amend the Municipal Act,

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 678 of The Mumcipal Act is amended by strik- Rev. Stat.
5 ing out the word " or " in the second line of said section, and c. 223, ?. 678,
by inserting the words " or village " after the word " town " in ^™®°
said second line.

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IN o. 141 T>TT T [1900

BILL.

An Act to amend The Liquor License Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. Section 91 of The Liquor License Act is amended by Rev. Stat.
5 inserting the words " of any resident voter in the municipality amended. '
where the said license has been issued or granted " after the
words " County Attorney " in the second line of said section,
and the said section is further amended by adding thereto the
following sub-section :

10 {a) In case the complaint mentioned in the preceding sec Revocation
tion is made by any person other than the inspector, the Board of licenses by
of License Commissioners, or the County Attorne}' the party
so making the complaint shall first enter into a sufficient
recognizance before the judge, or before a Commissioner for

15 taking affidavits of bail in the sum of $100 and by two
sureties (to be allowed as sufficient by the judge upon affidavit
of justification) each in the sum of $50 ; and the recognizance
shall be conditioned to prosecute the petition or proceeding
with effect, and to pay to the party against whom the pro-

29 ceedings are taken any costs which may be adjudged to him
against the complainant.

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No. 142.] DTT T tJ90(),

BILL

An Act to regulate the width of Waggon Tires.

ER MAJESTY, by and with'the advice and consent of the
Legislative Assembly of Ontario, enacts as follows :

1. No vrheeled vehicle drawn by horses or other animals and ^®^^°'|qqq
intended for the carrying of a burden of two thousand pounds pounds' to

.5 or over shall be manufactured in the Province of Ontario, save be made^
for export, after the first day of July, 1901, fitted with tires tire',
less than three inches wide.

2. Section 559 of The Municipal Act is hereby amended Rev. Stat.

bv addinjjf thereto the following subsection as subsection 6 A : c 223 f>. 659
•^ ° ^ amended.

10 " For providing that no wheeled vehicle drawn by horses or County by-
other animals and carrying a burden of two thousand pounds *^^^^ otires.
or over and fitted with tires less than three inches wide shall
be used by any person residing within the county for the con-
veyance of persons or goods on any of the roads or highways

15 within the said county.

3. Section 559 of The Municipal Act is hereby further Rev. Stat,
amended by adding thereto the following as subsection 10 : anwnded^^^

10. By the councils of townships, for providing; that any Township

-J- •i.u- iU • • ^'^- • by-laws for

person residing withm the municipality may, upon provmg remission of
20 by affidavit or otherwise to the satisfaction of the pathmaster statute labor
that all wheeled vehicles drawn by horses or other animals using^wMe
and carrying a burden of two thousand pounds or over, in his tires,
possession are fitted with tires not less than three inches wide,
obtain a rebate of one dollar or one day's labor upon his
25 statute labor tax for the current year,

10a. No by-law passed under this subsection shall go into
force until one year after the passing thereof.

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No. 143.] DTT T l^^^^

BILL.

An Act to amend The Ontario Companies Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Every company incorporated under this Act, or under Respgnsibility
5 any former Act of the Legislature of Ontario engaged in for^^a done

manufacturing, trading or business of a commercial or mercan- byofficers,etc.
tile nature, shall be responsible and liable for each and every
act, deed, matter or thing done by the company, or by or for
the company, or on its behalf by any person or persons in the
10 employ of the company to the same extent, and in the same
and in as full a manner as an individual would be responsible
and liable had the business carried on by such company been
carried on by an individual.

2. A company may be proceeded against for any offence Procedure
15 done by it or by any officer or person in the employ of the com- p^^-ef for™'

pany for it, and on its behalf, in the same way or manner as offences com-
an individual can now be proceeded against for a like offence, 5y''ii®J*o^f^cer*'g^
and when a company is charged with an offence the said etc.
company shall be liable, on conviction, to be punished by a

20 tine, to the same and as full an extent an individual can now be
punished for a like offence, and the president and secretary of
such company shall also be liable, on the conviction of such
company, for an offence, to be punished therefor to the same
and as full an extent, and in a like manner as if the business

25 carried on by said company had been owned or carried on by
said president and secretary, instead of by said company.

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No. 144] "DTT T [1900

BILL.

An Act for preserving to Canadian Officers, non-
commissioned Officers and Men, now servirg Her
Majesty in South Africa their rights of franchise
in Ontario.

HER MAJESTY, by and with the advice and consent of
th.e Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Notwithstanding anything contained in The Ontario ^^^^^^^ '^^^^
5 Election Act, The Ontario Voters Lists Act or The Manhood ^Ig^taTo^
Suffrage Registration Act no person otherwise qualified to be South Africa
entered or registered on the voters' lists prepared under The chise°votiers*°
Ontario Voters' Lists Act or on the list of manhood suffrage
voters or to vote shall be disentitled to be entered or registered

10 on any such list or to vote at any municipal or provincial
election by reason only of the absence of such person from the
province of Ontario while serving Her Majesty in any or
either of the Royal Canadian regiments of infantry or artil-
lery, or in any military capacity, in the present South African

, g war, whether as an officer, non-commissioned officer or private
or in any other capacity :

2. When any such person as aforesaid is required to take Amendment
any of the oaths referred to in the schedule to this Act the of oaths.
• clauses set out in the said schedule may be substituted for the
ar^ clauses mentioned therein respectively :

Schedule.

Part 1.

For clauses 4 and 5 of the oath set out in form 9 in the schedule to The
Manhood Sufraqe Registration Act or for clauses 4 and 5 in the oath set
out in form 10 of the said Act substitute the following:

" (4). That you have resided within this province for the twelve months
" next preceding the day of (the

"date of the first sitting held for the registration of voters) except that
"you were a member of the Royal Canadian Regiment (of infantry or
"artillery, as the case may be) and served Her Majesty as an (officer,
" non-commissioned officer or private, as the case may be) in South Africa
"and were in consequence absent from the province of Ontario from the
" day of to the day of

"19 ."

" (5). That save for your absence as aforesaid you are now and were for
" three months next preceding the said day of (the date

' * of the first sitting held for the registration of voters) resident of and had
"your home in this municipality."

Part 2.

Add the following to clause 3 in the oath set out in form 16 of The
Ontario Elections Act : " Save and except that you were a member of the
Royal Canadian Regiment (of infantry or artillery, as the case may be)
and served Her Majesty as an (officer, non-commissioned officer or private,
as the case may be) in South Africa, and were in consequence absent from
the province of Ontario from the day of to the

day of 19 ."

Part 3.

After the word " date " in the 3rd line of the 4th clause in the oath set
out in the said form 16 to The Ontario Elections Act insert the words
" except for your absence as aforesaid."

Part 4.

For clause 3 of the oath set out in form 16 in the schedule to The
Ontario Elections Act substitute the clause set out in the first part of the
schedule hereto numbered 4.

After the word " day " in the 3rd line of the 4th clause in the oath set
out in form 17 in the schedule to The Ontario Elections Act insert the
following : " save for your absence as aforesaid."

Part 5.

Add to clause 3 of the oath set out in form 18 to The Ontario Elections
Act : " except that you were a member of the Royal Canadian Regiment
(of infanLry or artillery, as the case may be) and served Her Majesty as
an (officer, non-commissioned officer or private, as the case may be) in
South Africa and were in consequence absent from the province of Ontario
from the day of to the day of 19 ."

After the wori "day " in the 3rd line of clause 4 in the schedule set out
in form 18 to The Otdario Elections Act insert the words " save for your
absence as aforesaid. "

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No. 144] TJTT T [^^^^

BILL.

An Act for preserving to Caaadian Officers, non-
commissioned Officers and Men, now servirg Her
Majesty in South Africa their rights of franchise
in Ontario.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Notwithstanding anything cantained in The Oii^aWo Absence with
Election Act, The Ontario Voters Lists Act or The Manhood tangents to"^
Sufrage Registration Act no person otherwise qualified to be South Africa
entered or registered on the voters' lists prepared under The chise°vote/s*°'
Ontario Voters' Lists Act or on the list of manhood suffrage

voters or to vote shall be disentitled to be entered or registered
on any such list or to vote at any municipal or provincial
election by reason only of the absence of such person from the
province of Ontario while serving Her Majesty in any or
either of the Royal Canadian regiments or corps of infantry
or artillery, ^or cavalry including the corps known as the
" Strathcona Horse,""®* or in any military capacity, in the
present South African war, whether as an officer, non-commis-
sioned officer or private or in any other capacity.

Amendment

2. When any such person as aforesaid is required to take of oaths.

any of the oaths referred to in the schedule to this Act the
clauses set out in the said schedule may be ^used in substitu-
tion for or variation of^^ the clauses mentioned therein re-
spectively :

Schedule.

Part 1.

For clauses 4 and 5 of the oath set out in form 9 in the schedule to The
Manhood Suffrage Registration Act or for clauses 4 and 5 in the oath set
out in form 10 of the said Act substitute the following :

" (4). That you have resided within this province for the twelve months
" next preceding the day of {the

" date of the first sitting held for the registration of voters') except that you
" were a member of the Royal Canadian Regiment f^^or corps"^^ of
" infantry (or artillery, ^^"or cavalry, or the " Strathcona Horse,"°^^
" (fs the case may he) and served Her Majesty as an (officer, non-commis-
"sioned officer or private, ^^"m- otherwise,''^^ as the coac may be) in

" South Africa and were in consequence absent from the province of On-
" tario from the day oi to the day

"of 19 ."

' ' (5). That save for your absence as aforesaid you are now and were for
" three months next preceding the said day of (the date

" of the first sitting held for the registration of voters) a resident of and had
"your home in this municipality."

Part 2.

Add the following to clause 3 in the oath set out in form 16 of The
Ontario Election Act : " Save and except that you were a member of the
Royal Canadian Regiment ^^^(or corps)"^^ of infantry {or artillery,
^^^ or cavalry, or the ' Strathcona Horse, ' or otherwise, "^^ as the case
may be) and served Her Majesty as an officer, (non-commissioned officer
or private, ^^°or otherivise,"'^^ as the case may be) in South Africa, and
were in consequence absent from the province of Ontario from the

day of to the day of 19 ,"

Part 3.

After the word " date " in the 3rd line of the 4th clause in the oath set
out in the said form 16 to iff'he Ontario Election Act insert the words
" except for your absence as aforesaid."

Part 4.

For clause 3 of the oath set out in form 17 in the schedule to The
Ontario Election Act substitute the clause set out in the first part of the
schedule hereto numbered 4.

After the word " day " in the 3rd line of the 4th clause in the oath set
out in form 17 in the schedule to The Ontario Election Act insert the
following : " save for your absence as aforesaid."

Part 5.

Add to clause 3 of the oath set out in form 18 to The Ontario Election
Act : "except that you were a member of the Royal Canadian Regiment
^^(or corps)"^^ of infantry (or artillery, ^^or cavalry, or the
' Strathcona Horse,' or otherwise,''^^ as the case may be) and served Her
Majesty as an officer, (non-commissioned officer or private, l^'or other-
wise^'^^as the case maybe) in South Africa and were in consequence
absent from the Province of Ontario from the day of to

the day of 19 . "

After the word " date " in the 3rd line of clause 4 in the schedule set out
in form 18 to The Ontario Election Act insert the words " save for your
absence as aforesaid."

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NOT PR[NTED

No. 146.] T>TT T [19^^-

BILL.

An Act authorizing Municipal Grants for the benefit
of Canadians on Military Service in South Africa.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. All grants of money heretofore or which may hereafter
5 be voted by any Municipal Council within the Province by way Grants for
of contribution in aid of the members of the Canadian forces pers^nV^
sent to South Africa for service during the present South serving in
African war or by way of provision for the families of or "il^**''y
persons dependent upon any of the members of the Canadian South Africa

10 forces so sent as aforesaid or by way of contribution to the validated.
Canadian Patriotic Fund Association or the Canadian Branch
of the British Red Cross Society or any local Patriotic Associa-
tion for similar purposes or objects are hereby made and
declared legal and valid, and the amounts of such grants may

15 be assessed for, levied and collected^ in the same manner as
other rates and taxes.

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No. 146.] DTT T n^^o-

BILL.

An Act authorizing Municipal and other Grants for
the benefit of Canadians on Military Service in
South Africa.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. All grants of money heretofore or which may hereafter Grants for
be voted by any Municipal Council within the Province by way benefit of
of contribution in aid of the members of the Canadian forces serving in
sent to South Africa for service during the present South military
African war ^^by way of supplementing the pay of South Africa
the members of such forces, or making provision for validated,
their equipment,"^* or by way of insurance or other
provision for theTn or for the families of or per-
sons dependent upon any of the members of the Canadian
forces so sent as aforesaid or by way of contribution to the
Canadian Patriotic Fund Association or the Canadian Branch
of the British Red Cross Society or any local Patriotic Associa-
tion for similar purposes or objects are hereby made and
declared legal and valid, and the amounts of such grants may
be assessed for, levied and collected in the same manner as
other rates and taxes.

'^2. All grants for the purposes aforesaid heretofore or which
may hereafter be made by any incorporated company within
the legislative jurisdiction of this Province are hereby con-
firmed and declared to be legal and valid and within the
powers of any such company, anything in any Act contained
or otherwise to the contrary notwithstanding..^^^

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No. 146.] TDTT T [1900.

BILL.

An Act authorizing Municipal and other Grants for
the benefit of Canadians on Military Service in
South Africa.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. — (1) All grants of money heretofore or which may here- Grants for
after be voted by any Municipal Council within the Province by benefit of
way of contribution in aid of the members of the Canadian serving in
forces sent to South Africa for service during the present "-iiitary
South African war^^by way of supplementing the pay of South Africa
the members of such forces, or making provision for validated,
their equipment,"^ or by way of insurance or other
provision for them or for the families of or per-
sons dependent upon any of the members of the Canadian
forces so sent as aforesaid or by way of contribution to the
Canadian Patriotic Fund Association or the Canadian Branch
of the British Red Cross Society or any local Patriotic Associa-
tion for similar purposes or objects are hereby made and
declared legal and valid.

^^(2) Any such grant may be paid out of the general funds of
the municipality, or for the purpose of making same the
council may pass by-laws for issuing debentures payable with-
in ten years at furthest from the date thereof, and borrowing
thereon the amount so granted in the manner provided by
The Municipal Act with respect to by-laws for the creation
of debts, but it shall not be necessary to obtain the assent of
the ratepayers to the passing of any such by-law.°^

^3. All grants for the purposes aforesaid heretofore or which
may hereafter be made by any incorporated company within
the legislative jurisdiction of this Province are hereby con-
firmed and declared to be legal and valid and within the
powers of any such com'pany, anything in any Act contained
or otherwise to the contrary notwithstanding.,,^!

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No. 147.] T)TT T [i^*^^-

BILL.

The Mortgagors Kelief Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. In mortgages affecting lands, executed after the first day Mortgages ex-
5 of April, 1900, there shall not be contained nor shall there be ecuted after
implied any covenant whereby any personal liability shall be 1900, not to in-
incurred by mortgagors. volve personal
•^ ° ^ liability.

*4. Where default has been made of either principal or in- Mortgages
terest, under and by virtue of any covenant contained "in a heretofore ex-
I Q mortgage, heretofore entered into in Ontario, affecting lands, ^^^gQ^TT-*^®*^
the personal liability of the mortgagor or mortgagors, shall bility to ces se.
wholly cease and determine.

(a) In cases where no judgment has been recovered in
respect of such personal liability, within four years from the

IK date of the last payment of principal or interest.

(b) In cases where judgment has been recovered then with-
in four years from the date when judgment was recovered.

3. The receipt of rent or profits by a mortgagee in posses- Receipt of

sion of the lands mortgaged, shall not be taken or construed "^^^^^ *°<^

20 as payments by the mortgagor within the meaning of sub- be payments

sections " a " and " b " of the preceding section. ^y » ™ort-

^ ® gagor.

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No. 148.] T)TT T [1^^^-

BILL.

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assem bly of the Province of Ontario, enacts
as follows :

1. Section 70 of The Municipal Act is amended by adding R- S. o.
5 the following clause thereto : amended.^ '

" 70. — (a) The council of every city having a population of ^ityonoo^ooo
100,000 or more, shall consist of the mayor, who shall be the how com-'
head thereof, four controllers and three aldermen for every po^ed.
ward to be elected in accordance with the provisions of this
10 Act."

3. Section 76 of the said Act is amended by adding there- ^- ^- O-

to the following sub-section : amended.^ '

" (6) Notwithstanding anything in this section contained, ^^']^h,v^g^
the council of any city may by by-law abolish the property special prop-
15 qualification of all candidates for the position of mayor and ^J"*^ ^f"^^g^f "
aldermen other than the qualification of being a person quali- bersof coun-
fied to vote at municipal elections in such city. *'^'^'

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3. Section 87 of the said Act is amended by striking out cap. '223, s. 87,
the words " in cities . . . $400," in the eighth line thereof, and amended.

20 inserting in lieu thereof the words " in cities . . . $300." SSpl?

electors in

4. Section 95 of the said Act is amended by adding thereto r/I^o.

the following sub-section : cap. 223, s. 95,

amended.

"95 (a) In cities having a population of 100,000 or more %-law8 as to
the council thereof may by by-law to be passed not later than nation, anT^

25 the fifteenth day of November in any year enact that the polling in
meetings of electors for the nomination of candidates for the ic^^ooo.
office of mayor and alderman and public school trustees shall
be held on the third Monday of December, and that the elec-
tion of mayor, aldermen and public school trustees in such

30 municipality (except such as have been elected at the nomina-
tion) shall be held upon the first day of January next there-
after, except when the first day of January falls on a Sunday,
in which case the election shall be held upon the second day of
January." .

22""^' %6°^^' ^' ^®^*'i^^ 2'^^ °^ °^ ^^^ ^^^^ ^^* ^^ struck out and the fol-
amended ' lowing inserted in lieu thereof:

Board of con- " 276 (1) In cities having a population of 100,000 or more,
100,000, eiec- there shall be a board of control to consist of the mayor and
tion of. four other persons, three of whom shall form a quorum, such 5

four persons shall be elected at the municipal elections, and
each ratepayer qualified to vote for mayor shall be also entitled
to give one vote for each of four persons for the position of
members of such board of control."

" (2) Each member so elected to the board of control shall 10
be a member of the city council and shall be elligible to act as
chairman of any committee, and shall in all other respects be
in the same position as any other member of the council."

" (3) The mayor when present shall preside at the meetings
of the board, and in the absence of the mayor, the board shall 15
select one of their members to preside."

"(4) The council may fix by by lay the salaries to be paid
to the members of the board of control, but the same shall not
exceed for each member the sum of S700 per annum."

R. s. 0., cap. 6. Section 484 of the ?aid Act is amended by striking out 20
amended. ' ^^® word *' regularly " in the fifth line thereof.

R. S, o., cap. 7. Section 549 of the said act is amended by adding thereto
amended^' *^® following sub-sectlon :

Sparring exhi- " 9. For preventing the holding of sparring exhibitions and
boxing*"*^ boxing matches, where an admission fee is charged, unless a 25
matches. permit therefor is issued by the Chief of Police in cities and

towns, or by the reeve in municipalities in which there is no

Chief of Police."

R. s. o , cap. 8. Sub-section 6 of section 557 of the said Act is repealed,
6,^rejefled. ^^" ^^^ *^® following insprted in lieu thereof : 30

By-law for " For preventing persons from throwing any dirt, filth, glass,

perJonsTrom handbills, paper or other rubbish, or the carcasses of animals
throwing dirt, upon any street, road, lane or highway."

etc., in high-
ways. r\ o 1 •

R.S.O. c. 223, "• &ub-section 2 of section 566 of the said Act is amended
8. 566, ss. 2, ' by inserting the words "purchasing or developing" after the qk
amended. ^^^^ u manufacturing " in the first line thereof.

R.S O. c. 223, 10. Article (a) of sub-section 4 of section 566 of the said
article *(«),*' ■^^^' ^8 amended by section 35 of the Act passed in the sixty-
amended.' second year of the regin of Her Majesty and chaptered 26, is

amended by striking out the words " the municipality " in the 49
second line thereof, and by inserting the words "any muni-
cipality having a population of less than 100.000 " in lieu
thereof.

R.S.O. 0. 223, 11. Article (a) of sub-section 4 of section 566 of the said
article (a), ' Act, as amended by section 35 of the Act passed in the sixty- ^^
amended.

second year of the reign of Her Majesty and chaptered 26, is
further amended by inserting at the end thereof the following
proviso : —

" Provided, however, that this clause (a) shall not apply to
5 a gas or electric light company that has neglected or refused
to supply gas or electric light to any part of such muni-
cipality."

13. Article (d!) of said sub-section 4 of section 566 of the r.s.o. c. 22a
said Act is amended by inserting the words " or any com- »• 566, ss. 4,
10 pany ' after the word " corporation " in the first line thereof ; amended,
also by inserting the words "or company" after the word
" corporation " in the fifth and eighth lines thereof.

13. Article (e) of sub-section 4 of said section 566 is also r s.o. c. 223.
amended by inserting the words " or company " after the word *^- 566. ss. 4,
15 " corporation " in the first line thereof ; and by inserting the amended.'
words " corporation or " before the word " company " in the
fifth line thereof.

14.. Sub-section 6 of section 583 of the said Act is amended r.s.o. c. 223,
by inserting the words " and bill distributors" after the word s-p83, ss. 6,
20 " posters " in the first line thereof. amended.

15. Section 586 of the said Act is amended by adding R.S.O, c. 223,
thereto the following sub-section : amended

" la. For preventing the hauling of dead horses, offal, nigh Hauling dead
25 soil or other offensive matter or things along any street in the through the'
municipality to be named in the by-law during; the hours of streets in
daylight." ^^y"^^^-

16. Sub-section 7 of section 591 of the said Act is amended r.s.o. c. 223,
by adding thereto the following words : — " And also for making s. 591, ss. 7,

80 such grants to the members of such corps, either for their own »™®°^®*^-
use or the use of the members of their families, or by way of Grants to
insurance upon their lives, as maybe deemed prudent. All ,^" Jq'^ ^*''^^"
sach grants heretofore made for assisting soliiers going to S. Africa.
South Africa in the war with the Transvaal are hereby con-

35 firmed."

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No. 149.] T>TT T [1900.

BILL.

An Act to Amend the Assessment Act

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. Section 7 of The Assessment Act is hereby amended by K-^v. Stat.
5 adding after sub-section 10 thereof the following sub-section : amended.
(10a) The property of any society operating under chapter Exemption of
262 of the Revised Statutes of Ontario, An Act to Regulate immigrant
the Ivimigration into Ontario of Certain Glasses of Children. Aid Societies.

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No. 150.] "DTT T [1900

BILL.

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

I. The Municipal Act is amended by inserting therein the Rev. Stat.

5 followinsr section : °- 223,

° amended.

366 (a) (1). — To render valid a by-law of the municipality Requisites to

ior sfrantin" a bonus in aid of any manufacturing industry, or validity of

for lending money to aid such industry or guaranteeing the

payment of money borrowed therefor, the assent shall be

10 necessary of two-thirds of all the ratepayers who were en-
titled to vote as well as a majority of the ratepayers voting on
the by-lav^r, and in addition to the certificate required by
section 364 of this Act the clerk, in case of a majority of the
votes being in favor of the by-law, shall further . certify

15 whether or not, as far as> shown by the voters' list and
assessment roll, such majority appears to be two-thirds of all
the ratepayers who are entitled to vote on the by-law.

(2) In case of a dispute as to the result of the vote, the
judge shall have the same powers for determining the question

20 as he has in any case of a scrutiny of the votes.

(3) The petition of the judge may be by an elector or by
the council, and the proceedings for obtaining the judge's
decision shall be the same as nearly as may be as in the case
of a scrutiny.

25 The said Act is further amended by adding at the end of f^ev, Stat.

section 591 the following : — c. 223, s. 591,

" amended.

By the councils of counties, townships, cities, towns and in-
corporated villages.

II. For granting aid by way of bonus or lending or guar-By-lawsgrant-
30 anteeine: the repayment of money lent for the promotion of i°& *^^ *o

manufactures within its limits by granting such sum or sums facturers.
of money by way of bonus or loan or by guaranteeing the
payment of money loaned to such person or body corporate
and in respect of such branch of industry as the municipal
35 council may determine upon ; and to pay such sum either in
one sum or in annual or other periodical paypaents with or

Assent of
electors.

Shareholders
not to vote.

Security for
fulfilment of
terms of
bonus.

Industry not
to be aided
where one of
like nature
established
without
bonus

Not to secure
removal of in-
dustry from
another place
iu Ontario.

Aid 80 given
not to exceed
10 per cent, of
total tax rate.

without interest and subject to such terms, conditions and
restrictions as the said municipality may deem expedient.

(a) No such by-law shall be passed until the assent of

the electors has been obtained in conformity with
the provisions of this Act in respect of by-laws 5
for creating debts for the purpose of granting aid
to manufacturing industries.

(b) No property owner or lessee interested in or holding

any stock in any company shall be qualified to
vote onia by-law for the purpose of granting aid 10
to the company in which he is so interested as
aforesaid.

receive security for the compliance with the terms
and conditions upon which such aid is given. 15

(d) No by-law shall be passed granting a bonus or

loan or guarantee to or for a manufacturer under
this section who proposes establishing an industry
of a similar nature to one already established in
such municipality without any such bonus or other 20
aid.

(e) No by-law shall be passed by a municipality for
granting a bonus or loan or guarantee to secure
the removal of an industry already established
elsewhere in the Province. 25

(f) No such by-law shall be passed for granting aid to
any manufacturing industry where the granting of
such bonus would for its payment, together with
the payment of similar bonuses already granted by
said municipality require an annual levy for prin- 30
cipal and interest exceeding 10 per cent, of the
total annual municipal taxation thereof.

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No. 151.] T)TT T [1900

BILL.

An Act respecting Build ng Societies and Loan
Corporations.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province af Ontario,
enacts as follows:

1. In computing or fixing the amount which any loan Amount un-
5 corporation or society incorporated before the fourth day of not to be con-
May 1891, or availing itself of the provisions of The ZoaTj, si^ered in
Corporatiorifi Act or the Acts in force in the Province of iifg°^werr'''
Ontario, is authorized to borrow money on deposit or upon
debentures or debenture stock the amount unpaid upon the

10 subscribed, fixed and permanent capital of such loan corpora-
tion or society shall not be taken into consideration or form
any basis or security for borrowing money.

2. Depositors of money with any loan corporation or society Rights of
as aforesaid and debenture holders and debenture stock holders debenture *°

15 of any such loan corporation or society shall not in respect of holders,
said deposits or debentures or debenture stock made or issued be-
fore the passing of this Act be deprived of any rights in respect
of the amount then remaining unpaid upon the said subscribed,
fixed and permanent capital or shares. Provided tha't so soon as

20 such deposits or debentures or debenture stock made or issued
before the passing of this Act are paid off any said loan cor-
poration or society may issue to the holders of the said unpaid
shares fully paid up shares for an amount equal to the amount
paid on the partially paid up shares. The said new shares

25 shall be fixed and permanent capital and of the same amount
per share as the other fully paid up, fixed and permanent capi-
tal or shares of the said society and any broken amounts not
equal to a share shall be paid for in cash or dealt with as the
directors of the society shall see fit.

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No. 152.] "RTT T ^^^^^'

An Act to amend The Municipal Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario
enacts as follows : — 62 V. c, 26,

8. 28 repealed.

Section 28, of The Municipal Amendment Act, 1899, is commfasioners
5 hereby repealed. of police in

cities.

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No. 153.] T)TT T [1^^^-

BILL.

An Act respecting the Barberry Shrub.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. No person shall plant the shrub known as the Barberry planting of

5 Shrub upon any lands used for farming purposes in the Prov- barberry shrub
ince of Ontario, and every person guilty of the violation of P'° * '
this section shall be liable on summary conviction thereof be-
fore a justice of the peace, to a penalty not exceeding $10, be-
sides the costs of conviction, to be recovered as provided by
10 The Ontario Summary Convictions Act.

2. Where prior to the passing of this Act any person has Shrub where
planted or has growing upon or adjacant to lands owned or pjan^ted on
occupied by him and held and used for farming purposes any farm lands to
hedge or fence formed by the said shrub, he may be required ^ Polled up.

15 to by the council of the municipality in which the lands are
situated, or by the owner of any lands adjoining the lands
upon which the said shrub is planted, to remove and destroy
the same, and upon his neglect or refusal so to do within one
month after the service of notice in writing regarding such

20 removal and destruction the council of the municipality, in
case such notice has been served by the council, or in case the
council has been requested so to do by the owner of the ad-
joining lands, may cause the same to be removed and destroyed,
and in such cases the owner of the lands upon which the

25 said shrubs have been planted shall not be entitled to compen-
sation for such removal and destruction.

S. In case, upon receipt of notice or within thirty days Compensation
thereafter, the owner or occupant of the lands upon which the tion.
said shrub is planted removes and destroys the same, he shall

30 be entitled to compensation for such removal and destruction.
The amount of such compensation may be agreed upon by such
owner and the council of the municipality, or in default of
agreement shall be determined in writing by the fence viewers
01 the municipality and the amount so agreed upon or awarded

35 shall be paid to the owner by the treasurer of the municipality
out of the funds of the corporation.

4. This Act shall not come into force in any municipality By-law bring-
until a by-law has been passed by the council thereof declaring ["J^*'* ^°***
this Act to be in force therein.

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No. 153.] "DTT T [1900.

BILL.

An Act respecting the Barberry Shrub.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. No person shall plant the shrub known as the Barberry planting of
Shrub upon any lands used for farming purposes in the Prov- barberry shrub
ince of Ontario,«s>nor upon any land situate within one hundred P'^^ ^ ^ ® •
yards of any lands used for farming purposes-^ and every

person guilty of the violation of this section shall be liable
on summary conviction thereof before a justice of the peace,
to a penalty not exceeding $10, besides the costs of conviction,
to be recovered as provided by The Ontario Summary Con-
victions Act.

2. Where prior to the passing of this Act any person has Shrub where
planted or has growing upon or adjacant to lands owned or planted on
occupied by him and held and used for farming purposes any farm lands to
hedge or fence formed by the said shrub, he may be required ^^ P"1^«<1 "P-
by the council of the municipality in which the lands are
situated to remove and destroy the same, and upon his neglect *
or refusal so to do within one month after the service of notice

in writing regarding such removal and destruction the coun-
cil of the municipality may cause the same to be removed and
destroyed, and in such cases the owner of the lands upon
which the said shrub has been planted shall not be entitled
to compensation for such removal and destruction.

3. In case, upon receipt of notice or within thirty days Compensation
thereafter, the owner or occupant of the lands upon which the ti*on.

said shrub is planted removes and destroys the same, he shall
be entitled to compensation for such removal and destruction.
The amount of such compensation may be agreed upon by such
owner and the council of the municipality, or in default of
agreement shall be determined in writing by the fence viewers
of the municipality and the amount so agreed upon or awarded
shall be paid to the owner by the treasurer of the municipality
out of the funds of the corporation.

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No. 154.] T>TT T [19^0

BILL

An Act to amend The Assessment Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

Section 7. of The Assessment Act is amended by inserting Rev- Stat.
5 therein the following]; paragraph. 7; amended.

16(X " All houses, barns, stables and other buildings and all exemption of
non-productive improvements upon every farm of not less ing^^etc"^'^"
than ten acres in extent.

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No. 155.] ' BTT T ^^^^^'

An Act to amend The Act of Incorporation of the
Ontario Veterinary Association.

HER MAJESTY, by and with the advice and consent of
the Legislat'ive Assembly of the Province of Ontario,
enacts as follows :

1. The Act passed in the .42nd year of Her Majesty's reign, 42 v., c. so,
5 chapter 80, is amended by inserting therein the following sec- amended,
tion :

3. — (a) It shall not be lawful for any person not registered Penalty for
to practice veterinary medicine or surgery, or to perform any P'^f°'j"J]j?
surgical operation on animals for hire, gain or hope of reward, when unregi*'-

10 And if any person not registered pursuant to this Act, for hire, *ered.
gain or hope of reward, practices or professes to practice veter-
inary medicine or surgery, or advertises .to give advice in
veterinary medicine or surgery, he shall upon summary con-
viction thereof before any justice of the peace, for each and

15 every such offence, pay a penalty not exceeding twenty-five
dollars nor less than five dollars. .,

3. — (6) If upon the trial of any prosecution under the pre- Persona who
ceding section the defendant can show to the satisfaction practicing for
of the convicting justice that he has been in actual and con- 50 years
20 tinual practice of veterinary medicine or surgery as a sole ^^ ^"^^^^ p*^*'°^
means of support for a term of fifteen years immediately before
the passing of this Act shall be exempt from operation thereof.

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No. 156.]

^\.

[1900.

An Act to amend The Municipal Act.

HER MAJESTY, by^^and with the advice and consent"of
the * Legislative^ Assembly of the Province of Ontario,
enacts as follows :

1. Subsection 7 of section 591 of The il^umcipa^ ylc^ is R.S.O, chap.
5 amended by adding at the end thereof the following words : J^h ®®^- ^^^

" or for aiding in the establishment or maintenance of
band or bands of any such corps."

any

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No. 157.] DTT T [1^00,

BILL.

An Act to permit Municipalities to use the Imperial
Automatic Voting Machine.

HEE, MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. The council of any municipality may by by-law provide By-law dis-
5 that hereafter the use of ballot papers at municipal elections in use of balfot
any municipality shall be discontinued and the system of vot- papers,
ing provided for in the following sections shall come into force
and apply to such municipality until the said by-law has been
repealed.

10 3. It shall be the duty of the Returning Officer on or before imperial
the day fixed for holding a poll at any municipal election to automatic vot-
procure and deliver to the Deputy Returning Officer for each to^b^procured
polling division one voting machine of the kind known and and used,
patented as The Imperial Automatic Voting Machine ; the

15 Deputy Returning Officer shall before the opening of the poll '

open and expose to view in presence of any candidate or the
agent of any candidate who may be present, the dials upon
the register and other parts of the mechanism of the said
machine and he shall then lock the same and place his seal

20 upon the lock and the keys thereof shall remain in his pos-
session during the polling, and the said dials shall not be ,
reopened until the close of the voting.

3. Instead of the ballot papers being delivered to the voter How voter to
to be marked by him he shall proceed to the voting department P'^"®®"*-

25 and shall there record his "vote by means^offthe said machine
and according to the instructions provided^for its use.

4. Wherever the said voting machine is used at any election Directions to
in lieu of the directions to voters provided for by The Muni-
cipal Act the Deputy Returning Officer shall be provided with

^0 directions to voters set out in the,Schedule to this Act and all
the provisions of this Act 'respecting the use of the said direc-
tions to voters shall apply to the directions prepared under this
Act.

5. 1 Immediately after the close of the poll the Deputy Proceedings
^5 Returning Officer shall in the presence of the persons entitled at close of

to be present as provided by The Munioipal Act open the face
of the dials and take down the number recorded thereon for
each candidate and shall make out and deliver to the Return-
ing Officer and to such of the persons present as may desire
the same a certificate of the result of the voting as provided in
section 176 of The Municipal Act and he shall then relock and
seal the said voting machine and shall return the same together
with the keys and the said certificate and voters list to the clerk
of the municipality.

Repeal of Q -phe provisions of The Municvpal Act with regard to 10

provisionsin municipal elections shall, save where inconsistent with the pro-
Rev. Stat. ----- - . ....

before provided.

visions thereof, apply to every election conducted as herein-

Count by
returning
officer.

7. Upon receiving the Voting Machine and sealed packages
from the Deputy Returning Officer, the Returning Officer shall 15
in the presence of the persons present count the number of votes
shown by statement of the Deputy Returning Officer as the
number of votes given for each candidate and shall make his
declaration of the result of the election as provided by The
Municipal Act. 20

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No. 158.]

BILL.

[1900.

An Act to amend The Assessment Act.

HER MAJESTY, by andj with the advice and consent^of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Subsection 1 of .section 110 of The Assessment Act is r. g. o. cap.
hereby amended by striking out the word " November" in the 224, sec no,
5 seventh line, and the word "following" in the*[nintli line of ^ ^
said section and inserting in lieu thereof^ respectively the
words " August " and " current."

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No. 159.] "DTT T [1900.

BILL.

An Act to amend The Ontario Election Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. The Ontario Election Act is amended by adding thereto l^turning

„.,«„. ,. *' =* officer to be

5 the lollowing section : a voter.

22a. Where any person other than the sheriff or registrar is
• appointed returning-officer such person shall be a voter in the
electoral district for which he is so appointed.

3. Section 31 of the said Act is amended by adding thereto Ballots, etc.,
10 the following subsections .— by cleTk'o"*'*

(3) It shall further be the duty of the clerk of the Crown in ^-^^ ^Jrown in
Chancery to procure from the Queen's Printer the ballot papers

and forms, other than the proclamation of the nomination
prescribed in this Act, in sufficient number for the require-
15 ments of the election ; and such stationery as may be neces-
sary for the purposes of the election ; and to forward the same
forthwith after the issue of the writ to the returning-
officer.

(4) The number of ballot papers to be procured shall not in
20 any case be less than the total number of voters on the voters

list for each electoral district.

3. Subsection 1" of section 59 of the said Act is amended by Deputy
adding thereto the following words " the returning-officer shall officers to be
also as far as practicable publicly proclaim from the hustings named.

25 the nances of the persons whom he has appointed as deputy
returning-officers."

4. Section 64 of the said Act is amended by adding thereto Deputy
the following subsection : oS to^be a

(2) No person shall be appointed a deputy returning-officer ^^'^V I" \°.^**
30 who is not a voter in the local municipality wherein the poll-
ing sub-division to which he is appointed is situated.

5. Subsection 1 of section 69 of the said Act is amended Rev. Stat,
by striking out the words "forthwith cause to be printed" a^^ended^'
in the second line and substituting therefor the words "be

35 supplied by the Clerk of the Crown in Chancery with."

Rev. Stab,
c. 9, s. 70,
amended .

Rev. Stat.
s. 9, B, 71,
amended.

Rev. Stat,
c. 9, s. 74,
amended .

Poll clerk to
be a voter in
local muni-
cipality.

Rev. Stat,
c. 9, s. 94,
amended .

6. Section 70 of the said Act is amended by adding thereto
the following : " The number of tendered ballot papers shall
not be less than ten per centum of the number of the ordinary
ballot papers."

7. Section 71 of the said Act is amended by inserting after 5
the word " shall " in the first line thereof the words " not less
than one day."

8. Section 74 of the said Act is amended by inserting after
the word " shall " in the first line thereof the words " not less
than one day." • IQ

9. Section 87 of the said Act is amended by adding thereto
the following subsection :

(2) No person shall be appointed a poll clerk who is not a
voter in the local municipality wherein the polling subdivision
to which he is appointed is situated. 15

10. Subsection 1 of section 94 of the said Act is amended by
adding thereto the following :

" No returning- officer shall give any such certificate until he
has ascertained by reference to the voters list that the applicant
is entitled to vote and he shall forthwith upon giving any such 20
certificate give notice thereof in writing to the deputy returning-
officer for the polling subdivision in which the applicant is by
the voters list entitled to vote, and such person shall not there-
after be entitled to vote in the said polling subdivision at the
said election." 25

Rev. Stat,
c. 9, 8. 96,
amended.

Ballots to be
counted
before poll
opens.

Rev. Stat.
c. 9, 8. 112,
amended .

11. — (1) Section 96 of the said Act is amended by inserting
after the word " empty " in the fourth line thereof the words
" and shall count the ballot papers in the presence of the candi-
dates or their agents who may examine but not handle the
same." 30

(2) The said section is further amended 'by inserting after
the word " box" in the sixth line the words " on a desk, counter
or table or otherwise in full view of himself and other persons
present."

13. The said Act is amended by adding thereto the follow- 35

ng section: —

96a. Deputy returning-officers and poll clerks shall be in
attendance at their polling places fifteen minutes before the
time appointed for the opening of the poll, and shall then count
the ballots in the presence of the agents of the candidates or 40
such of them as may be present.

13. Subsection 1 of section 112 of the said Act is amended
by inserting after the word " upwards " in the nineteenth line
the words " and so that those present can without handling the
ballots see clearly for whom they are marked." 45

14. Section 116 of the said Act is amended by adding there- ^^J- ^***-
to the following subsection : — amended.'

(3) The candidates or agents present may if they so desire
write their names respectively across the flap of each of the said
5 envelopes or packages, after the same have been sealed."

15. Section 117. of the said Act is hereby repealed and the
following substituted therefor : —

117. — (1) The deputy returning-officer shall enclose in the Packets to be
ballot box the packets mentioned in the preceding section, and biifo^b"x and

10 shall immediately lock and seal the said box, and thereafter delivered to
shall forthwith deliver il personally to the returning-officer, r^^rmng
and if he be unable to do so owing to illness or other impera-
tive cause, he shall deliver such ballot box to the poll clerk, or
where the poll clerk is unable to act, to some person chosen for

15 the purpose of delivering the same to the returning-officer, and
shall on the outside thereof or on a ticket attached thereto
write the name of the person to whom the said box has been
delivered, and shall take a proper receipt therefor, and the
person so chosen shall after having delivered the box to the

20 returning-officer make oath before him to the eft'ect of form 29
to schedule A hereto.

(2) The returning-officer upon the receipt by him of any
ballot box shall take every precaution for its safe keeping and
for preventing any other person then himself and the election

25 clerk from having access thereto, and shall immediately on the
receipt of each box seal the same with his own seal in such a
way that the box cannot be opened without the seal being
broken, and he shall do this without effacing or covering the
seal of the deputy-returning officer thereon. (See Dom. Act

30 54-5 V. c. 19, s. 5.

16. Section 122 of the said Act is amended by striking out Rev. Stat. c. 9,
the word " one " in the first line thereof, and substituting there- Amended.
for the word " two."

17. Subsection 1 of section 123 of the said Act is hereby Counting of
35 repealed and the following substituted therefor : — turning"officer.

40 open any of the other sealed packets, and from the statement
of the poll contained in form 11 of the said several poll books
shall cast up the number for each candidate and as soon as he
has thus ascertained the result of the poll shall forthwith de-
clare to be elected the candidate having the highest number of

45 votes.

18. Subsection 1 of section 124 of the said Act is amended Rev. Stat
by striking out the word "fifty" in the eighth line thereof, ^^'nded. '
and inserting in lieu thereof the words " one hundred."

^9' ^m ^^' ^^^tion 134 of the said Act is amended by striking out

amended. ' the word " fifty " occurring in paragraphs a and b thereof, and

substituting therefor the words " one hundred " and by adding

thereto the following subsection : —

(2) The returning ofllcer shall with his return transmit to 5
the Clerk of the Crown in Chancery a statement in accordance
with form 31 annexed to this Act, and shall add up and give
the totals of the figures in each column of such form.

Preservation 30. Section 137 of the said Act is amended by adding there-
of documents. ^^ ^^^ following subsections :— . 10

to be affixed to the outside of the box or other covering in 15
which papers are transmitted shewing distinctly the electoral
district to which the papers relate and the date of the election.

(3) In case an order or rule is made directing that docu-
ments relating to an election are not to be destroyed under this
section the said clerk shall cause to be affixed to the outside of 20
the box or covering containing such documents a label having
thereon in large and distinct letters the words " not to be de-
stroyed."

31. Subsection 2 of section 159 of the said Act is amended
by striking out the words " shall incur a penalty of $200 " in 25
the first line thereof, and substituting therefor the words " shall
incur a penalty of $200 and shall also on conviction be im-
prisoned for a term of six months with or without hard labour."

*42 Subsection 2 of section 160 of the said Act is amended
by striking out the words " shall incur a penalty of $200," 30
and substitutino; therefor the words " shall in the discretion
of the trial judges be liable to impiisonment tor a term not
exceeding six months with or without hard labour, or to a
penalty of not more than $200, or to both."

23. Section 166 of the said Act is amended by adding 35
thereto the words " and shall on conviction be imprisoned for
a term of one year with or without hard labour."

34. Subsection 2 of section 167 of the said Act is amended
by striking out all the words after the words " a penalty of"
in the seventh line, and substituting therefor the words and 40
figures "$400, and shall also on conviction be imprisoned for
a term of one year with or without hard labour."

25 Section 182 of the said Act is amended by striking out
the words "incur a like penalty of $200" in the second line, and
substituting therefor the words " be imprisoned for a term 45

Rev. Stat.
c. 9, 8. 159,
amended.

Rev. Stat.
c. 9, 8. 160,
amended.

Rev. Stat.
c. 9, 8. 166,
amended.

Rev. Stat.
c. 9, 8. 167,
amended.

Rev. Stat.
c. 9, 8. 182,
amended.

of six months with or without hard labour, and shall be liable
also to a penalty of not more than $200."

36. The said Act is amended by inserting therein immed- Trial of per-
iately after section 188, the following section : — ^°^ charged

5 188 a. Where practicable the judge or judges trying^ an ^^^ "^^*"
election petition shall, during such trial, or immediately there-
after, proceed with the trial of persons who appear to have
committed or who are charged with having committed corrupt
practices or illegal acts in connection with the said election.

10 37. Section 1^9 of the said Act is repealed and the follow- Persons not
ing substituted therefor :- answeri^ro"

ground of

189. (1) A person who is called as a witness respecting an P^'^^i^^se.
election before any election court shall not be excused from an-
swering any question relating to any offence at or connected
15 with such election, on the ground that the answer thereto may
criminate or tend to criminate himself, or on the ground of
privilege ;

Provided that

(a) a witness who answers truly all questions which he
20 is required by the election court to answer shall be

entitled to receive a certificate of indemnity (Form
A.) under the hand of a member of the court, stat-
ing that such witness has so answered ; and

(b) an answer by a person to a question put by or before
25 any election court shall not, except in the case of

any criminal proceeding for perjury in respect of
such evidence, be in any proceeding admissible in
evidence against him.

(2) Where a person has received such a certificate of indem-
30 nity in relation to an election, and any legal proceeding is at

any time instituted against him for any offence under this Act
committed by him previously to the date of the certificate at
or in relation to the said election, the court having cognizance
of the case shall on proof of the certificate stay the proceeding
35 and may in their discretion award to the said person such costs
as he may have been put to in the proceeding.

(3) This section shall apply to all trials hereafter under The
Ontario Controverted Elections Act as well as under The On-
tario Election Act, and section 53 of the said Controverted

40 Elections Act is hereby repealed.

(4) In this section " election court " shall include any judge
or judges by whom a petition is tried, or any judge or judges
by or before whom any person is tried charged with commit-
ting corrupt or illegal practices or other offences connected

45 with or relating to an election. (Sec. 46 and 47 V. c. 51, s. 59,
Imp.)

Rev. Stat,
c. 9, 8. 190,
amended.

38. Section 190 of the said Act is amended by adding
thereto the following words, " and shall be imprisoned for a
term of twelve months, with or without hard labour."

Rev. Stat,
c. 9, s. 191,
amended.

Rev. Stat,
c. 9, s. 192,
amended.

29. Subsection 3 of section 191 of the said Act is amended
by striking out the words " any term not exceeding two " in ^
the second and third lines, and substituting therefor the word
" three," and by striking out the words " any term 'not exceed-
ing six months" in the fifth line and substituting therefor the
words " one year."

30. — (1) Subsection 1 of section 192 of the said Act is amend- 10
ed by adding thereto the words " and shall be imprisoned for a
term of twelve months with or without hard labour."

(2) Subsection 2 of the said section 192 is amended by ad-
ding thereto the words " and shall be imprisoned for a term
of twelve months with or without hard labour." 15

62 V. c. 5,
88. 9, 10,
repealed.

«J1. Sections 9 and 10 of the Act to amend The Ontario
Election Act passed at the second session held in the sixty-
second year of Her Majesty's reign, are hereby repealed.

FORM A.
Certificate of Indemnity to Witness. ^^

Court for the trial of an election petition for the Electoral
District of holden at the

day of , 19 .

Between

and

, Petitioner,
, Respondent. 25

Whereas R.S. appeared and was called and examined as a
witness before us on the trial of the said petition.

Now we do hereby certify that the said R.S., as such witness
as aforesaid, was upon his said examination required to answer
questions relating to the election to which the said petition re- 30
ferred, the answers to which questions criminated or tended to
eriminate him, and that the said R.S. answered truly all such
questions.

As witness our hands this

day of

,19

(Signatures) 35

Judges of the said Court.

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No. 159.] T>TT T [190^-

BILL.

An Act to amend The Ontario Election Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. The Ontario Election Act is amended by adding thereto %'"'^'V°k
the roliowing section : a voter.

22a. Where any person other than the sheriff or registrar is
appointed returning-officer such person shall be a voter in the
electoral district for which he is so appointed.

3. Section 31 of the said Act is amended by adding thereto Ballots, etc.,
the following subsections .— by Cler"k of'""^

(3) It shall further be the duty of the clerk of the Crown in g^^^^cer" '°
Chancery to procure from the Queen's Printer the ballot papers

and forms, other than the proclamation of the nomination
prescribed in this Act, in sufficient number for the require-
ments of the election ; and such stationery as may be neces-
sary for the purposes of the election ; and to forward the same
forthwith after the issue of the writ to the returning-
ofhcer.

(4) The number of ballot papers to be procured shall not in
any case be less than the total number of voters on the voters
list for each electoral district.

3. Subsection 1 of section 59 of the said Act is amended by Deputy
adding thereto the following words " the returning-officer shall o^cers^^ bg
also as far as practicable publicly proclaim from the hustings named,
the names of the persons whom he has. appointed as deputy
returning-officers."

4. Section 64 of the said Act is amended by adding thereto Deputy
the following subsection : officer tTbe a

(2) No person shall be appointed a deputy returning-officer ^^nj^ipality
who is not a voter in the local municipality wherein the poll-
ing sub-division to which he is appointed is situated.

5. Subsection 1 of section 69 of the said Act is amended Rev. Stat,
by striking out the words "forthwith cause to be printed" ^ofended'
in the second line and substituting therefor the words "be
supplied by the Clerk of the Crown in Chancery with."

Eov. StaK
c. 9, s. 70,
amended .

Rev. Stat,
s. 9, s, 71,
amended.

Rev. Stat.
c. 9, 8. 74,
amended .

Poll clerk to
be a voter in
local muni-
cipality.

Rev. Stat.
c. 9, 8. 94,
amended .

6. Section 70 of the said Act is amended by adding thereto
the following : " The number of tendered ballot papers shall
not be less than ten per centum of the number of the ordinary
ballot papers."

7. Section 71 of the said Act is amended by inserting after
the word " shall " in the first line thereof the words " not less
than one day."

8. Section 74 of the said Act is amended by inserting after
the word " shall " in the first line thereof the words •' not less
than one day."

9. Section 87 of the said Act is amended by adding thereto
the following subsection :

(2) No person shall be appointed a poll clerk who is not a
voter in the local municipality wherein the polling subdivision
to which he is appointed is situated.

10. Subsection 1 of section 94 of the said Act is amended by
adding thereto the followincf :

" No returning-officer shall give any such certiScate until he
has ascertained by reference to the voters list that the applicant
is entitled to vote and he shall forthwith upon giving any such
certificate give notice thereof in writing to the deputvreturning-
ofiicer for the polling subdivision in which the applicant is by
the voters list entitled to vote, and such person shall not there-
after be entitled to vote in the said polling subdivision at the
said election."

Rev. Stat,
c. 9, 8. 96,
amended .

1 1. — (1) Section 96 of the said Act is amended by inserting
after the word " empty " in the fourth line thereof the words
" and shall count the ballot papers in the presenceof the candi-
dates or their agents who may examine but not handle the
same."

(2) The said section is further amended by inserting after
the word " box " in the sixth line the words " on a desk,counter
or table or otherwise ^raised above the floor.""^

Ballots to be
counted
before poll
opens.

Rev. Stat.
c. 9, 8. 112,
amended .

1 2. The said Act is amended by adding thereto the foUow-
ng section: —

14. Section 116 of the said Act is amended by adding there- ^^^- Sfcat-

to the following subsection : — amended.'

(3) The candidates or agents present may if they so desire
write their names respectively across the flap of each of the said
envelopes or packages, after the same have been sealed."

15. Section 117 of the said Act is hereby repealed and the
following Substituted therefor : —

117. — (1) The deputy returning-ofEcer shall enclose in the Packets to be
ballot box the packets mentioned in the preceding section, and P^iP^i^iJ" j
shall immediately lock and seal the said box, and thereafter delivered to
shall forthwith deliver it personally to the retnrnins: officer, returning
and if he be unable to do so owing to illness or other impera-
tive cause, he shall deliver such ballot box to the poll clerk, or
where the poll clerk is unable to act, to some person chosen for
the purpose of delivering the same to thereturning-oflficer, and
shall on the outside thereof or on a ticket attached thereto
write the name of the person t'^ whom the said box has been
delivered, and shall take a proper receipt therefor, and the
person so chosen ^-shall forthwith deliver such ballot box
personally to the returning-ofEcer and shall after such delivery
make oath before the re turning- officer-®'^ to the effect of form
29 to schedule A hereto.

(2) The returning officer upon the receipt by him of any
ballot box shall take every precaution for its safe keeping and
for preventing any other person then himi-elf and the election
clerk from having access thereto, and shall immediately on the
receipt of each box seal the same with his own seal in such a
way that the box cannot be opened without the seal being
broken, and he shall do thi^ without eftacin^ or covering the
seal of the deputy returning officer thereon. (See Dom. Act
54-5 Y. c. 19, 8. 5.

16. Section 122 of the said Act is amended by striking out Rev-^Sta*- c 9.
the word " one iveek " in the first line thereof, and substituting amended,
therefor the word " two weeks."

17. Subsection 1 of section 123 of the said Act is hereby Countinsr of
repealed and the following substituted therefor : — ^°*®? ^^o& t

(1) The returning officer after he has received the ballot
boxes shall at the place and time named at the hustings for
this purpose when granting a poll open the ballot boxes and
the packets containing the several poll books, but shall not
open any of the other sealed packets, and from the statement
of the poll contained in form 11 of the said several poll books
shall east up the number for each candidate and as soon as he
has thus ascertained the result of the poll shall forthwith de-
clare to be elected the candidate having the highest number of
votes.

18. Subsection 1 of section 124 of the said Act is amended Rev. Stat
by striking out the word "fifty" in the eighth line thereof , ^'^fg'j,*(jjg^ ■*'
and inserting in lieu thereof the words " two hundred."

Rev, Stat,
c. 9, B. 134,
amended.

19. Section 134 of the said Act is amended by striking out
the word " fifty " occurring in paragraphs a and b thereof, and
substituting therefor the words " two hundred " and by adding
thereto the following subsection : —

(2) The returning officer shall with his return transmit to
the Clerk of the Grown in Chancery a statement in accordance
with form 81 annexed to this Act, and shall add up and give
the totals of the figures in each column of such form.

Preservation
of documents.

Rev. Stat.
c. 9, P. 159,
amended.

Rev. Sbat.
c. 9, 8. 160,
amended.

20. Section 137 of the said Act is amended by adding there-
to the following subsections : —

(2) The Clerk of the Crown in Chancery shall keep all docu-
ments relating to a general election in a room or vault separate
from those in which documents relating to bye-elections are
placed. He shall also provide the returning officers with labels
to be affixed to the outside of the box or other covering in
which papers are transmitted shewing distinctly the electoral
district to which the papers relate and the date of the election.

^3) In case an order or rulife is made directing that docu-
ments relating to an election are not to be destroyed under this
section the said clerk shall cause to be affixed to the outside of
the box or covering containing such documents a label having
thereon in large and distinct letters the words " not to be de-
stroyed."

21. Subsection 2 of section 159 o' the said Act is amended
by striking out the words " ^hall incur a penalty of $200 " in
the first line thereof, and substituting therefor the w^ords " shall
on conviction incur a penalty of $200 and shall also be im-
prisoned for a term of six months with or without hard labour."

*42 Subsection 2 of section 160 of the said Act is amended
by striking out the w ords '' shall incur a penalty of $200,"
and substituting therefor the words "shall in the discretion
oE the trial judges be liable to imprisonment for a term not
exceeding six months with or without hard labour, or to a
penalty of not more than $200, or to both."

Rev. Stat.
c 9, 8 166,
amended.

Rev. Stat.
c. 9, 8. 167,
amended.

Rev. Stat.
c. 9, 8. 182,
amended.

23. Section 160
thereto the words '
a term of one year with or without hard labour

the said Act is amended by adding
and shall on conviction be imprisoned for

34. Subsection 2 of section 167 of the said Act is amended
by striking out all the words after the words " a penalty of"
in the seventh line, and substituting therefor the words and
figures "$400, and shall also on conviction be imprisoned for
a term of one year with or without hard labour."

35 Section 182 of the said Act is amended by striking out
the words "incur a like penalty of $200" in the second line, and
substituting therefor the words " be imprisoned for a term

of six months with or without hard labour, and shall be liable
also to a penalty of not more than $200."

26. The said Act is amended by inserting therein immed- ^"f charged
lately after section 188, the following section : — ■ with corrupt

practices.

^(2) Subsection 9 of section 188 of the said Act is amended
by adding thereto the following words : — " In case any other
solicitor or council is directed to institute or carry on pro-
ceedings as herein provided he shall be entitled to the same
fees to be paid in the same manner as if he were a county
attorney, and witnesses shall be entitled to receive compen-
sation for their costs and charges in attending at the proceed-
ings payable on the scale and in the manner provided by the
Revised Statute respecting payment of witnesses for the
Crown."

188 a. Where practicable the judge or judges trying an
election petition shall, during such trial, or immediately there-
after, proceed with the trial of persons who appear to have
committed or who are charged with having committed corrupt
practices or illegal acts in connection with the said election.

27. Section 189 of the said Act is repealed and the follow-
ing substituted therefor : —

189. (1) A person who is called as a witness respecting an excused from
election before an election court shall not be excused from an- answering on
swering any question relating to any offence at or connected privilege,
with such election, on the ground that the answer thereto may
criminate or tend to criminate himself, or on the ground of
privilege ;

Provided that

(a) a witness who answers truly all questions which he
is required by the election court to answer shall be
entitled to receive a certificate of indemnity (Form
A.) under the hand of a member of the court, stat-
ing that such witness has so answered ; and

(h) an answer by a person to a question put by or before
any election court shall not, except in the case of
any criminal proceeding for perjury in respect of
such evidence, be in any proceeding admissible in
evidence against him.

(2) Where a person has received such a certificate of indem-
nity in relation to an election, and any legal proceeding is at
any time instituted against him for any offence under this Act
commiited by him previously to the date of the certificate at
or in relation to the said election, the court having cognizance
of the case shall on proof of the certificate stay the proceeding
and may in their discretion award to the said person such costs
as he may have been put to in the proceeding.

"^^ Provided nevertheless that a witness who upon his own
evidence is found by the Election Court to have been guilty
of a corrupt practice, and who is reported therefor, shall be
thereby subject to the incapacities mentioned in section 177
(1) of the Ontario Election Act, and shall be thereby dis-
qualified accordingly unless such finding and report are
reversed or set aside by the Court of Appeal on the appeal
provided for by the Ontario Controverted Elections Act and
amendments thereof,

(3) This section shall apply to all trials hereafter under The
Ontario Controverted Elections Act as well as under The On-
tario Election Act, and section 53 of the said Controverted
Elections Act is hereby repealed.

(4) In this section " election court " shall include any judge
or judges by whom a petition is tried, 'J^under the Ontario
Controverted Elections Acf^ or any judge or judges
by or before whom any person is tried charged with commit-
ting corrupt or illegal practices or other offences connected
with or relating to an election. (Sec. 46 and 47 V. c. 51, s. 59.
Imp.)

Rev. Stat,
c. 9, 8. 190,
amended.

38. Section 190 of the said Act is amended by adding
thereto the following words, -' and shall be imprisoned for a
term of twelve months, with or without hard labour."

Rev. Stat,
c. 9, B. 191,
amended. '

29. Subsection 3 of section 191 of the said Act is amended
by striking out the words " any term not exceediog two " in
the second and third lines, and substituting therefor the word
" three," and by striking out the words " any term not exceed-
ing six months" in the fifth line and substituting therefor the
words " one year."

R«v. Stat,
c. 9, s. 192,
amended.

30. — (1) Subsection 1 of section 192 of the said Act is amend-
ed by adding thereto the words "and shallbe imprisoned for a
term of twelve months with or without hard labour."

(2) Subsection 2 of the said section 192 is amended by ad-
ding thereto the words " and shall be imprisoned for a term
of twelve months with or without hard labour."

62 V. c. 5.
88. 9, 10,
repealed.

31. Sections 9 and 10 of the Act to amend The Ontario
Election Act passed at the second session held in the sixty-
second year of Her Majesty's reign, are hereby repealed.

^•33. Subsection 2 of section 188 of the said Act is amended
by inserting after the word '■ by " in the second line of the
said subsection the words " the judges who tried the petition
or by."-^

^^"33. Where in section 188 the words "judge or judges" or
"judge or judges is or are " occur, the word "judges " or the
words "judges are "shall be substituted for the said words
respectively, as the case may be."^

^34. Subsection 1 of section 61 of the said Act is amended
by adding to the polling places named in the said section for
unorganized territory " White River Village.'"^
^Subsection 2 of the said aection is amended by striking out
" Desert Lake School House " in the polling places named for
municipalities, and substituting therefor '• Gordon Lake
School House."-^

^'The said subsection is further amended by striking out
" Rosseau's Settlement, north shore of Lake Superior," named
in the polling places for unorganized territory, and substitut-
ing therefor " Batchewana," and by striking out " Fraser's
School House, township of 6offin," and substituting therefor
" Fraser's School House, township of Aberdeen.""^

The said subsection is further amended by striking out
" Hugh Phillip's Settlement, township of Coffin, additional,"
named in the polling places for unorganized territory, and
adding to the list of polling places named for organized terri-
tory " Hugh Phillip's Settlement, township of Aberdeen."
^"The said subsection is further amended by adding thereto
the following polling places for unorganized territory :

Township of Aberdeen, Neil Morrison's Settlement.
Township of Bright and Bright Additional, Dayton.
Township of Patton, Dugald McLaughlin Settlement.
Michipicoten River, Mission Village.-^'
'^Wa Wa.
John Island.
Gavel Beach..^

*^The said section is further amended b}'' striking out White
River Village named in the list of polling places for unorganized
territory.*^

"^•35. This Act, except sections 26 and 27, shall not apply to
any election heretofore held or to any act heretofore done.

FORM A.

OERTIFICATii; OF INDEMNITY TO WITNESS.

Court for the trial of an election petition for the Electoral
District of holden at the

day of , 19 .

Between , Petitioner,

and , Respondent.

Whereas R.S. appeared and was called and examined as a
witness before us on the trial of the said petition.

Now we do hereby certify that the said R.S., as such witness
as aforesaid, was upon his said examination required to answer
questions relating to the election to which the said petition re-
ferred, the answers to which questions criminated or tended to
criminate him, and that the said R.S. answered truly all such
questions.

As witness our hands this day of , 19 .

(Signatures)

Judges of the said CJourt.

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No. 160.] BILL. ^^^^^'

An Act_respecting The Sudbury and Nipissing Rail-
way Company.

WHEREAS by an Act of the Legislature of Ontario, passed Preamble,
in the 56th year of Her Majesty's reign, chaptered 100,
The Sudbury and Nipissing Railway Company was incorpor-
ated, and by section 50 of the said Act it was enacted that the
5 railway proposed to be built by the said company should be
commenced within three years and completed within ten years
from the passing thereof; and whereas the said company has as
yet not been able to commence the said road as provided by
the said Act ; and whereas a petition has been presented pray-
10 ing that said company be granted further time to commence
and complete the said road ; and whereas it is expedient to
grant the prayer of the said petition ;

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
15 as follows :

1. The time for the commencement of the construction of Commence-
the said line of" railway is extended for the period of three "i^'^* "'^.'^
yeard and the time for the completion thereof for ten years of work,
from the passing of this Act.

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No. 161.] T^TT r [1900.

BILL.

To enable the City of Toronto to acquire the rights,
franchises and privileges of the Consumers' Gas
Company.

WHEREAS the Consumers' Gas Company was incorporated Preamble.
in the year 1848, and by the Act incorporating it. it
appears that the mayor, aldermen and citizens of the city of
Toronto had signified their assent to the establishment of the
5 said company, arid to their having the necessary powers con-
nected with the establishment and construction of the neces-
sary works, so as to supply the city of Toronto with gas in
greater quantity, of better quality and at a cheaper rate than
the same hath been heretofore supplied ; and the company was

10 thereby incorporated and authorized to carry on business in
Toronto, opening up the ground in streets and other places for
the purpose of putting down the pipes of the company ; and
whereas by subsequent Acts the powers of the said company
were increased and the company was permitted to increase the

15 amount of its stock; and whereas by an Act passed by the
Legislature of the Province of Ontario in the 50th year of
Her Majesty's reign, chaptered 85, the capital stock of the
company was permitted to be increased to two million dollars,
the new stock to be sold by auction and the surplus realized

20 over the par value was to be added to the Rest and Reserve
Fund of the company ; and whereas the effect of the said leg-
islation is that after providing for certain funds created to
maintain the stability of the company, and the current ex-
penses of the said company, and a dividend to the stockholders

25 not to exceed ten per cent., all the balance of the profits of the
said company is to be applied for the benefit of the consumers
of gas in the city of Toronto, and in the reduction of the price
of gas to them ; and whereas disputes have arisen and may
arise between the corporation of the city of Toronto and the

'^0 said company, and it is desirable and in the interests of the
gas consumers that the manufacture and sale of gas shall be
carried on under the control and management of the corpora-
tion of the city of Toronto, and that the rights of the share-
holders of the Consumers' Gas Company shall be fully re-

35 spected and conserved.

Therefore Her Majesty, by and with the advice and consent .
of the Legislative Assembly of the Province of Ontario, enacts
as follows: —

City and com- 1 Qn and after the first day of January, 1901, the corpor-

enter into atioii of the city of Toronto shall have power to enter into an

agreement for agreement with the said company to pay to the said company

o ci y. ^^^ value of all the stock of the said company belonging to

the shareholders thereof, or to .otherwise equitably compensate 5
the said shareholders of the said company for the stock owned
by them and upon paying or otherwise compensating the said
company for the said shareholders, shall have power to enter
upon, assume and take over all the land, buildings, plant, gas
and other material in stock, or in process of manufacture, 10
machinery, franchises, investments, special funds, moneys, as-
sets and properties of the said company, of every nature and
kind soever, and shall become and be the absolute owners
thereof and of the said stock.

Arbitration in 2. In the event of the said corporation and the said company 15
agreement. being unable to agree upon the value, price or compensation
to be paid to the said shareholders for their said stock, the
said value, price or compensation shall, if the corporation so
desire, be ascertained and determined by arbitration in the
manner provided for ascertaining compensation to be paid 20
under the provisions of The Municipal Act ; and the award
made in the said arbitration shall stand and be in lieu and in
place of the said agreement, and upon payment of the said
award to the said company the saW corporation shall have
power to enter upon, assume and take over all the land, build- 25
ings, |)lant, gas and other material in stock, or in process of
manufacture, machinery, franchises, investments, special funds,
moneys, assets and properties of the said company, of every
nature and kind soever, and shall become and be the absolute
owners thereof and of the said stock. 30

Powers of city 3. Upon exercising the powers granted in the aforesaid
^m°le't T^^^"^ section, the said corporation shall be at liberty to carry on'and
operate the works of the said company, and to deal with the
said land, buildings, plant, gas and other material, in stock or ^
in process of manufacture, machinery, franchises, investments, ^^5
special funds, moneys, assets and properties belonging to the
said company, under the provisions of The Municipal Light
and Heat Act, or any other Act or Acts of the Legislature of
the Province of Ontario, enabling them so to do.

Power to pass 4. The said corporation may pass by-laws for any of the *"
by-laws and aforesaid purposes and for issuing debentures to pay the
turea, etc. amount thcreoi, and tor levymg an annual special rate to de-
fray the yearly interest of the expenditure therefor, and to
form an equal yearly sinking fund tor the payment of the
principal at any time within a time not exceeding thirty y ears *^
nor less than live years.

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No. 162.] DTT T t^^^^-

BILL

An Act respecting The Pacific and Atlantic Railway

Company.

Therefore Her Majesty, by and with the advice and consent
15 of the Legislative Assembly of the Province of Ontario enacts
as follows : —

1. Section 1 of the Act passed in the 49th year of Her 49 v c. 76,
Majesty's reign, chaptered 76, is hereby repealed, and in lieu «• ^' repealed,
thereof it is hereby enacted that James Conmee, of the Town

2Q of Port Arthur, in the District of Thunder Bay ; James B.
Dobie, of the Town of Thessalon, in the District of Algoma ;
William Turner and Robert A. Lyon, both of the Town of
Sault Ste. Marie, in the District of Algoma ; John Flett, of the 0 rporators.
City of Toronto, in the County of York, Wholesale Merchant ;

25 John Drinkwater Ivey, of the City of Toronto, Wholesale
Merchant ; William George Francis, of the City of Toronto,
Manufacturer ; George Harry Parkes, of the City of Toronto,
Publisher . George Kerr, of the City of Toronto, Solicitor, and
James George Shaw, of the City of Toronto, Solicitor, together

OQ with all such persons and corporations as shall become share-
holders in the Company hereby incorporated, shall be and are
hereby constituted a body corporate and politic by the name
of " The Pacific and Atlantic Railway Company," hereinafter
called " The Company."

49 V, c. 76, 3. Section 3 of the said Act is hereby amended by inserting

8. 3, amended, after the words " and operate " in the third line thereof, the
words " by steam or electricity."

49 V c 76 ^' section 7 of the said Act is hereby amended by inserting

8, 7 amend- d. in the third line thereof, after the words " The Grand Trunk 5

Railway Company of Canada," the words " The Canadian

Pacific Railway Company,"

49 V. c. 76, ^- Section 8 of the said Act is hereby amended by inserting

8. 8, amended, in the third line thereof, after the words " The Grand Trunk

Railway Company of Canada," the words " The Canadian 10

Pacific Railway Company."

49 y. c 76, 5. Section 11 of the said Act is hereby repealed, and, in lieu

ed. '^ ^" thereof, it is hereby enacted, that James Conmee, James B.
Dobie, William Turner, Robert A. Lyon, John Flett, John
Drinkwater Ivey, William George Francis, George Harry 15
Provisional Parkes, George Kerr and James George Shaw, with power to
di ect rs. add to their numbers, are hereby constituted a board of pro-
visional directors of the company, and shall hold office as such
until other directors shall be elected under the provisions of
this Act by the shareholders, and shall have power to fill the 20
place or places of any of their number which may become
vacant. They shall have power forthwith to open stock books
and procure subscriptions of stock for the undertaking, and to
allot the stock and receive payments on account of stock sub-
scribed, and to make calls upon subscribers in respect of their 25
stock, and to sue for and recover the same, and to cause plans
and surveys to be made, and to receive for the Company any
grant, loan, bonus or gift made to it, or in aid of the under-
taking, and to enter into any agreement respecting .the con-
ditions or disposition of any gift or bonus in aid of the rail- 30
way, and with all such other powers as under The Railway
Act of Ontario are vested in ordinary directors. The said
directors, or a majority of them, or the board of directors to
be elected as hereinafter mentioned, may, in their discretion,
exclude anyone from subscribing for stock, who, in their judg- 35
ment, would hinder, delay or prevent the Company from pro-
ceeding with and completing their undertaking under the pro-
visions of this Act; and if, at any time, a portion or more than
the whole stock shall have been subscribed, the said provisional
directors, or board of directors shall allocate and apportion it 40
amongst the subsciibers as they may deem most advantageous
and conducive to the furtherance of the undertaking, and in
such allocation the said directors may, in their discretion,
exclude any one or more of the said subscribers, if, in their
judgment, such exclusion will best secure the building of the 45
said Railway ; and all meetings of the provisional board of
directors shall be held at the City of Toronto, in the county
of York, or at such other place as may best suit the interests
of the Company.

6. Section 35 of the said Act is hereby repealed, 49 v. c. 76,

8 35, repeal-

7. All the provisions of the said Act, save as hereby ex- oh^rter
pressly repealed, as amended by this Act, are hereby revived revived,
and re-enacted and declared to be in full force and effect.

8. The construction of the said railway shall be commenced Time for com-
5 within two years, and completed within seven years after the ^^^ comp°e-

passing of this Act. tion.

9. The provisions of The Electric Railway Act shall not Rev, Stat.
_ . - - . - . _ ._ - c. 209 *

apply
pany.

apply to the said The Pacific and Atlantic Railway Company, c. 209 not to
* ^ " ^ L ,1 apply to com-

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No. 162.] T)TT T [190^-

BILL.

An Act respecting The Pacific and Atlantic Eailway

Company.

WHEREAS the Pacific and Atlantic Railway Company was Preamble,
incorporated by an Act passed by the Legislature of
the Province of Ontario, in the 49th year of Her Majesty's
Reign, and Chaptered 76, with the rights, powers and privileges
therein mentioned ; and whereas the time by the said Act
limited for the commencement and completion of the railway
thereby authorized to be constructed has expired ; and whereas
the said Company and the persons mentioned in the first para-
graph hereof have by their petition prayed that an Act may
be passed reviving and re-enacting the provisions of the said
Act, and constituting them as the said Company ;^^and it has
been represented that the line of the railway of the company
will, for the most part, be constructed in a sparsely settled
and undeveloped portion of the Province ; and it is proposed
to operate the same" by steam or electricity; and whereas,
owing to the location of the line of the said railway, the pro-
visions of The Electric Railway Act are not applicable to the
company except so far as regards the construction of any part
of the proposed railway in the Counties of Glengarry, Russell,
Carleton, Renfrew and Hastings; and whereas for the reasons
aforesaid the circumstances of the said proposed line of rail-
way are exceptional ; and whereas it is expedient to grant the
prayer of the said petition ;'^*

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Section l^of Chapter 76'®»of the Acts passed in the 49 V. c. 76,
49th year of Her Majesty's reign,«^intituled " An Act to Incor- ^' ^' "^^p^^^^^
porate the Pacific and Atlantic Railway Company, '"^is here-
by .repealed, and^^the following substituted therefor: — "^^

1. James Conmee, of the Town of Port Arthur, in the District Corporators
of Thunder Bay ; James B. Dobie, of the Town of Thessalon,
in the District of Algoma ; William Turner and Robert A.
Lyon, both of the Town of Sault Ste. Marie, in the District of
Algoma ; John Flett, Wholesale Merchant, John Drinkwater

Ivey, Wholesale Merchant, William George Francis, Manufac-
turer, George Harry Parkes, Publisher, George Kerr. Solicitor,
and James George Shaw, Solicitor ,^all of the City|of Toronto,
in the County of York,°®*together with all such persons and
corporations as shall become shareholders in the Company
hereby incorporated, shall be and are hereby constituted a
body corporate and politic by the name of "The Pacific and
Atlantic Railway Company," hereinafter called " The Com-
pany."

49 V. c. 7^ 2. Section 3 of the said Act is hereby amended by inserting

' ' after the words " and operate " in the third line thereof, the

words " by steam or electricity ,"^'and by adding at the end of
the said section the words following, " and the said railways,
or any part thereof, so far as the same may be operated by
electricity, may be carried along and upon such public high-
ways as may be authorized by the by-laws of the respective
corporations having jurisdiction over the same and subject to
the restrictions and provisions therein and in this Act con-
tained, and under and subject to any agreements between the
company and the councils of any of the said corporations and
between the company and the road companies (if any) inter-
ested in such highways ; and the company may make and
enter into any agreements with any municipal corporation or
road company as to the terms of occupancy of any street or
highway subject to the provisions and conditions contained in

Proviso. t^^is Act and in The Municipal J^c^; provided that where the

said railway is to be operated by electricity in any portions of
of the counties of Glengarry, Russell, Carleton, Renfrew and

Rev. Stat. Hastings, the provisions of The Electric Railway Act relating

c, 209. to the construction and operation of railways shall apply to

the railway of the company.

49 V. c. 76, 3. Section 7 of the said Act is hereby amended by inserting
8. 7 amended, j^ ^he third line thereof, after the words " The Grand Trunk

Railway Company of Canada," the words " The Canadian

Pacific Railway Company."

49 V. c. 76, 4:. Section 8 of the said Act is hereby amended by inserting

s. 8, amended, in the third line thereof, after the words " The Grand Trunk

Railway Company of Canada," the words "The Canadian

Pacific Railway Company."

49 V. c. 76, 5. Section 11 of the said Act is hereby repealed, and

8.^11, repeal- A^^he following Substituted therefor : — '^^

Provisional H, James Conmee, James B. Dobie, William Turner,

directors. Robert A. Lyon, John Flett, John Drinkwater Ivey,
William George Francis, George Harry Parkes, George
Kerr and James George Shaw, with power to add
to their numbers, are hereby constituted a board of pro-
visional directors of the company, and shall hold oflice as such
until other directors shall be elected under the provisions of

this Act by the shareholders, and shall have power to fill the
place or places of any of their number which may become
vacant. They shall have power forthwith to open stock books
and procure subscriptions of stock for the undertaking, and to
allot the stock and receive payments on account of stock sub-
scribed, and to make calls upon subscribers in respect of their
stock, and to sue for and recover the same, and to cause plans
and surveys to be made, and to receive for the Company any
grant, loan, bonus or gift made to it, or in aid of the under-
taking, and to enter into any agreement respecting the con-
ditions or disposition of any gift or bonus in aid of the rail-
way, and with all such other powers as under The Railway c.^207. ^ '
Act of Ontario are vested in ordinary directors. The said
directors, or a majority of them, or the board of directors to
be elected as hereinafter mentioned, may, in their discretion,
exclude anyone from subscribing for stock, who, in their judg-
ment, would hinder, delay or prevent the Company from pro-
ceeding with and completing their undertaking under the pro-
visions of this Act; and if, at any time, a portion or more than
the whole stock shall have been subscribed, the said provisional
directors, or board of directors shall allocate and apportion it
amonost the subscribers as they may deem most advantageous
and conducive to the furtherance of the undertaking, and in
such allocation the said directors may, in their discretion,
exclude any one or more of the said subscribers, if, in their
judgment, such exclusion will best secure the building of the
said railway ; and all meetings of the provisional board of
directors shall be held at the City of Toronto, in the county
of York, or at such other place as may best suit the interests
of the Company.

6. Section 35 of the said Act is hereby repealed. 49 V. c. 76,

s 35, repeal-
ed.

7. All the provisions of the said Act, save as hereby ex- charter

pressly repealed, as amended by this Act, are hereby revived revived,
and re-enacted and declared to be in full force and effect.

8. The company shall have power and authority : —

^1) To purchase land for and erect power-houses, ware- Warehouseei,
houses, elevators, docks, stations, work shops, machine shops, <iocks, etc.
foundaries and offices, and to sell and convey such land as may
be found superfluous for any such purpose, and the company
shall have power to build, own, operate and hold as part of the
property of the said company as many steam ur other vessels as
the directors of the company may deem requisite from time to
time to facilitate the carriage of passengers, freight and other
traffic in connection with the railway ;

*^(2) To erect and maintain all necessary and convenient Erect neces-
buildings, stations, depots, wharves and fixtures, and from wharfs^^etc.
time to time to alter, repair or enlarge the same, and to build,
purchase and acquire motors, engines, carriages, waggons and

other machinery and contrivances necessary or convenient for
the working of the railway and the accommodation and use of
the passengers, freight and business of the railway ;

Powers as to '^.(3) To construct, maintain and operate works for the pro-
and^use'o" duction of electricity for the motive power of the said railways
electricity. and for the lighting and heating the rolling stock and other
property of the company ;

Lease or sell «a-(4) To sell or lease any such electricity not required for the

reqSd^foT* pui'Poses aforesaid to any person or corporation, and the com-

raiiway. pany in that behalf shall, subject to the provisions and restric-

trictions of this Act, possess the powers, rights and privileges, and

be subject to all the obligations and restrictions of joint stock

Rev. Stat. Companies incorporated under The Act respecting Companies

c. 200. for supplying ^tearn, Heat, Electricity or Naiural Gas for

Heat, Liglit or Power, and to acquire and hold any property

necessary for the purposes mentioned in this sub-section ;

Acquiiing «s-(5) To purcliase the right to convey electricity required for
vfy^ing electrl- ^^^ working of the railway and lighting or heating the same
city. over, through or under lands other than the lands of the said

railway, and with the consent of the councils of the munici-
palities affected, to purchase the right to lay conduits under,
or erect poles and wires en or over such lands as may be
determined by the company, and along and upon any of the
public highways, or across any of the waters in this Province
by the erection of the necessary fixtures, including posts, piers
or abutments for sustaining the cords or wires of such lines,
or the conduits for such electricity, upon and subject to such
agreement in respect thereof as shall first be made between
the company and any private owners of the land affected, and
between the company and any municipality in which such
works or any part thereof or of the railway may be situate,
and under and subject to any by-law or by-laws of the council
of such municipality passed in pursuance thereof.

Construction «s-9. — (1) The railway of the company shall not be con-
on streets, etc. st,ructed or operated on, upon or along any street, highway or
public place of any municipality until first authorized by an
agreement in respect thereto made between the company and
such municipality, and under and subject to the terms of such
agreement and of this Act and of any by-law or by-laws of
the council of said municipality to be passed in pursuance
thereof ; and in all such cases any and every work, matter or
thing in connection with electricity or other motor power, and
the application and using thereof in so constructing, operat-
ing and working of such railway.or the cars,carriages,engines,
motors or machines aforesaid shall be so constructed, erected,
laid down and arranged as to impede or incommode the public
use of such street, highway or public place as little as possible,
and so as not to be a nuisance thereto, nor to interfere with
the free access to any house or other building erected in the
vicinity of the same, and the electric and other appliances shall

be of such an improved manufacture and so placed as to avoid
so far as possible any danger to buildings or other property,
and provided that none of the works or property of the com-
pany shall be so constructed or placed as to injuriously
interrupt navigation in any navigable water.

^2) The by-laws mentioned in section 2, subsection 5 of the
preceding section, and in this section shall be subject to the
conditions and provisions of section 632 of The Municipal Act.

10. The construction of the said railway shall be commenced Time for com-
within two years, and completed within seven years after the ^Tcomple-
passing of this Act. tion.

"^.ll. Save as provided in section 2 of this Act the provisions I°corP9'^?*>»on

p, rn T-Ti . • T-> >T ^ . -I n i i n 01 PfOVlSlOnS

or Ttie MeciTic Kaiiway Act shall not apply to the company of Rev. Stat,
hereby incorporated but the several clauses of The Raitiuay °' ^^'^'
Act of Ontario, and of every Act in amendment thereof shall
be incorporated with, and be deemed to be part of this Act,
and shall apply to the company and to the railway to be con-
structed by them, except only so far as they may be incon-
sistent with the express enactments hereof ; and the expression
" this Act," when used herein shall be understood to include
the clauses of the said Railway Act and of every Act in
amendment thereof so incorporated with this Act.

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No. 163.] BILL. ^^^^^'

An Act to amend an Act respecting the Fort Erie
Ferry Railway Company.

WHERKAS the Fort Erie Railway Company have by their Preamble,
petition prayed that an Act may be passed amend-
ing the Act of 58 Victoria, chapter 96, and providing that the
time for the completion of the company's line of railway under
.5 said Act be extended to the 13th of April, 1902.

And whereas it is expedient to grant the prayer of the said
petition.

Therefore Her Majesty, by and with the advice and con,
sent of the Legislative Assembly of the Province of Ontario
10 enacts as follows : —

I. Chapter 96 of 58 Victoria, being the Act respecting the .'58 V. c. 96,
Fort Erie Ferry Railway Company is hereby amended by *'"^""^<^-
extending the time for the completion of the line of railway
in said Act specified to the 13th of April, 1902.

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No. 164.] "PITT [1900

BILL

An Act respecting The Algoma Commercial
Company, Limited.

WHEREAS The Algoma Commercial Company, Limited, Preamble,
was incorporated under the provisions of the Act,
Chapter 191, of the Revised Statutes of Ontario, 1897, by
Letters Patent under the Great Seal bearing date the 27th day
5 of December, 1899, with the rights, powers and privileges in
the said Letters Patent mentioned ; and whereas the said com-
pany desires to have its incorporation confirmed, and to be
authorized to engage in mining and other operations incidental
thereto without thereby becoming subject to The Mining Com-
10 panies Incorporation Act, and to other Acts of the Legislature
of Ontario, and to have its powers increased and added to, and
has, by its petition, prayed that an Act may be passed for the
purposes aforesaid ;

And whereas it is expedient to grant the prayer of the said
15 petition ;

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. The incorporation of The Algoma Commercial Company, Incorporation
20 Limited, on the 27th day of December, 1899, is confirmed and confirmed,
declared to be legal and valid, and the said company is declared
to be a body corporate and politic, duly incorporated under
the provisions of the Act, chapter 191, of the Revised Statutes
of Ontario, 1897, with the rights, powers and privileges in the
25 said Letters Patent of incorporation mentioned.

8. In addition to all other rights, powers and privileges Companies to
conferred on the said company by said Letters Patent of ^f^^ ^^r!
incorporation and by said Act, 191 of the Revised Statutes of stat., c. 197,
Ontario, 1897, and amendments thereto, the said company s-^ pars- a to t.
30 shall have the powers mentioned and set out in paragraphs
a to i oi section 4 of The Ontario Mining Companies'
Incorporation Act but save as aforesaid none of the provisions
of the said Ontario Mining Companies' Incorporation Act
shall apply to or affect the said company.

36 3. The said company may subscribe for, take, hold or pur- ^"^^^^^^j^
chase the shares, stock, bonds and debentures or other securi- other'oom'-'

panies.

ties of any company and may advance money by way of
mortgage or otherwise thereon and may sell, assign, transfer
hypothecate or otherwise dispose of the same, but nothing in
this section contained shall authorize the said company to
carry on the general business of a loan corporation within the
meaning of chapter 205 of the Revised Statutes of Ontario,
1897, and the said Act shall not apply to the said company.

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No. 164.] TilTT ^^^^^'

An Act respecting The Algoma Commercial
Company, Limited.

Preamble.

WHEREAS The Algoma Commercial Company, Limited,
was incorporated under the provisions of '^The Ontario
Companies' Acf^^y Letters Patent under the Great Seal bear-
ing date the 27th day of December, 1899, with the rights,
powers and privileges in the said Letters Patent mentioned ;
and whereas the said company desires to have its incorporation
confirmed, and to be authorized to engage in mining and other
operations incidental thereto without thereby becoming subject
to The^^ Ontario-^ Mining Companies Incorporation Act, and
to other Acts of the Legislature of Ontario, and to have its
powers increased and added to, and has, by its petition, prayed
that an Act may be passed for the purposes aforesaid ; and
whereas it is expedient to grant the prayer of the said petition ;

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : — *

1. The incorporation of The Algoma Commercial Company, incorporation
Limited, on the 27th day of December, 1899,^^by Letters confirmed.
Patent set out in the schedule to this Acf^is confirmed and
declared to be legal and valid, and the said company is declared

to be a body corporate and politic, duly incorporated under
the provisions oi^-The Ontario Companies' ^ci'^^with the
rights, powers and privileges in the said Letters Patent of in-
corporation mentioned.

2. In addition to all other rights, powers and privileges Companies to
conferred on the said company by said Letters Patent of ^^fJen^b^Rev
incorporation and hy^^ The Ontario Com,panies' Acf^^sund st'at., c. 197,
amendments thereto, the said company shall have the powers s- 4 par. « tot.
mentioned and set out in section 4 of The Ontario Mining
Companies' Incorporation Act but save as aforesaid none of

the provisions of the said Ontario Mining Compariies' Incor-
poration Act shall apply to or affect the said company.

3. The said company«a.has and has had from the date of Purchasing
incorporation power to-^^subscribe for, take, hold or purchase stock, etc., in
the shares, stock, bonds and debentures or other securities of panles.
any company^heretofore or hereafter incorporated, having for

its object, or any of its objects, the promotion of any of the objects
which the said The Algoma Commercial Company, Limited, is
authorized to carry out, or any object ancillary thereto or con-
nected therewith, and the said The Algoma Commercial Com-
mercial Company, Limited ."^may advance money by way of
mortgage or otherwise thereon and may sell, assign, transfer
hypothecate or otherwise dispose of^^'such shares, stock, bonds,
debentures or other securities.-^^but nothing in this section
contained shall authorize the said company to carry on the
general business of a loan corporation within the meaning of
^^The Loan Goryorations' ^c^,"^and the said Act shall not
apply to the said company.

^SCHEDULE A.

Letters Patent Incorporating the Algoma Commercial Company,

Limited.

O. MOW AT.

CANADA.
Province of Ontario.

Victoria, by the Grace of God of the United Kingdom of Great Britain
and Ireland, Queen, Defender of the Faith, (fee, &c., &c.

To all to whom these presents shall come, greeting

Whereas, The <■ ntario Com,panies' Act provides that with the exceptions
therein mentioned, the Lieutenant-Governor of Our Province of Ontario-
in-Council may by Letters Patent under the Great Seal create and con-
stitute bodies corporate and politic for any of the purposes or objects to
which the legislative authority of the Legislature of Ontario extends.

And whereas, by their petition in that behalf, the persons herein men-
tioned have prayed for a charter constituting them a body corporate and
politic for the due carrying out of the undertaking hereinafter set forth.

And whereas, it has been made to appear to the satisfaction of Our
Lieutenant-Govemor-in -Council that the said persons have complied with
the conditions precedent to the grant of the desired charter, and that the
said undertaking is within the scope of the said Act.

Now, therefore, know Ye, that by and with the advice of the executive
council of Our Province of Ontario, and under the authority of the here-
nbefore in part recited statute and of any other power or authority what-
soever in Us vested in this behalf, wfe do by these Our Letters Patent
create and constitute the persons hereinafter named, that is to say :
Francis Hector Clergue and Bertrand Joseph Clergue, manufacturers ;
Ernest Victor Clergue, manager and Henry Coulthard Hamilton, barrister-
at-law, all of the town of Sault Sainte Marie, in the district of Algoma and
Province of Ontario, and Edward Varian Douglas, Walter Pearce Douglas
and Frank Spencer Lewis, all of the city of Philadelphia, in the state of
Pennsylvania, one of the United States of America, manufacturers, and
any others who have subscribed to the memorandum of agreement of the
company and their successors, respectively, a corpoi'ation for the purposes
and objects following, that is to say: — (a) As a contractor to construct
railways and public and private works of all kinds, and to equip the same,
and to operate any of the works constructed by the company, except rail-

ways ; (b) To acquire by legal title mines and mining lands, timber and
timber lands and other lands, and to lease, sell or otherwise dispose of the
same ; (c) To manufacture and sell the products of raw materials. The
corporate name of the company to be The Algoma Commercial Company,
Limited. The share capital of the company to be ten million dollars,
divided into two hundred thousand shares of fifty dollars each. The
head office of the company to be at the said town of Sault Sainte Marie,
and the provisional directors of the company to be Francis Hector Clergue,
Bertrand Joseph Clergue, Ernest Victor Clergue, Henry Coulthard
Hamilton, Edward Varian Douglas, Walter Pearce Douglas and Frank
Spencer Lewis, hereinbefore mentioned.

In testimony whereof, we have caused these Our Letters to be made
Patent and the Great Seal of Our Province of Ontario to be her^-unto
aflBxed.

Witness : The Honourable Sir Oliver Mowat, Knight Grand Cross of
Our Most Distinguished Order of Saint Michael and Saint G.?orge, Mem-
ber of Our Privy Council for Canada, and Lieutenant-Governor of Our
Province of Ontario.

At Our Government House in Our City of Toronto in Our said Province
this twenty-seventy day of December, in the year of Oar Lord, one
thousand eight hundred and ninety-nine, and the sixty-third year of Our
reign.

By command,

J. R. Stbatton,
'^ Provincial Secretaty.

J. M. Gibson,

Attorney General.
Recorded 6th day of January, A.D. 1900, as No. 54.

John F. Ussher,

Deputy- Registrar. "^^

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No. 165.] "DTT T [1900.

BILL.

An Act vesting certain lands in Kichard Tod Wilson
in fee simple in trust to sell and dispose thereof and
pay the proceeds to Knox Church, Dundas, and for
other purposes.

WHEREAS by Letters Patent given under the Great Seal Preamble,
of the Province of Upper Canada on the 28th day of
June, 1834, the lands and premises hereinafter mentioned were
granted unto the Reverend Mark Stark and others in trust
5 for the use of the Presbyterian Congregation in connection
with the Church of Scotland ; and whereas said Letters Patent
contain provisions for the appointment from time to time of
new trustees of the said lands; and whereas there are doubts
as to whether the appointments from time to time of trustees

10 of the said lands were made strictly in accordance with the
said provisions ; and whereas it appears that Richard Tod
Wilson of the Town of Dundas, in the County of Went worth,
is the sole surviving Trustee of said lands and premises ; and
whereas the said Presbyterian Congregation in connection with

15 the Church of Scotland is now connected and in communion
with the congregation of Knox Church, Dundas, one of the
congregations of the Presbyterian Church in Canada, and has
no further need of said lands and premises as a congregation
in connection with the Church of Scotland ; and whereas the

20 said Richard Tod Wilson and the trustees of said Knox Church,
Dundas, have by their petition prayed that the various ap-
pointments of trustees of the said lands be confirmed and the
said Richard Tod Wilson declared the duly appointed and
properly constituted trustee of said lands, and that said lands

25 may be declared to be vested in him in fee simple in trust to
sell and dispose of same and pay the proceeds arising there-
from to said Knox Church, Dundas, to expend in church pro-
perty in said Town of Dundas, for the purposes of said Church ;
and whereas it is expedient that the prayer of the said petition

SO be granted.

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. The various appointments from time to time of Trustees •Previous ap-
or purported to have been made in pursuance of the provisions trustees con-
contained in the Letters Patent above mentioned are hereby Sf'^-,*"'* ^'
confirmed and the said Richard Tod Wilson is declared to be declared to be

sole surviving the properly constituted sole surviving Trustee thereunder and
trustee. said lands, viz.: All and singular that certain parcel or tract of

land and premises situate, lying and being in the Town of
Dundas, in the County of Wentworth (formerly the Village of
Coote's Paradise, in the District of Gore), containing by ad- 5
measurement one acre and six tenths of an acre, be the same
more or less, being known as Block Lettered " B," south of
Ancaster Street and north of South Street in the said Town of
Dundas, and which said parcel or tract of land is butted and
bounded or may be otherwise be known as follows, that is to 10
say : — Commencing on the south side of Ancaster Street and
in the western limit of Church Street, being at the northeast
angle of the said block, then south thirteen degrees east four
chains more or less to South Street ; then south seventy- seven
degrees west four chains more or less to Court Street ; then 15
north thirteen degrees west four chains to Ancaster Street
aforesaid ; then north seventy-seven degrees east four chains
to the place of beginning, together with all the rights, mem-
bers and appurtenances thereto belonging, are hereby vested
in the said Richard Tod Wilson, his heirs, executors, adminis- 20
trators and assigns in fee simple in trust to rent or sell and
dispose of same and pay the profits arising therefrom to said
Knox Church, Dundas, to expend in Church property in said
Town of Dundas for the purposes of the said Church.

Provided however, that the purchaser of said lands shall not 25
be required to see to the application of the purchase money.

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No. 166.] T^TT T [19^^-

BILL.

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assemjbly of the Province of Ontario, enacts
as follows :

1. Sub-section 23 of section 583 of The Municipal Act is Kev. Stat.
5 amended by strikinp^ out all the words added to the said sub- '^',^^'2^ ''^^'
section by section 37 of The Municipal Amendment Act, 1899, amended.
and by inserting in lieu thereof the following words : " Pro-
vided that notwithstanding anything contained in any by-law
or regulation any milk vendor not resident in the munici- Licenses to

10 pality passing such by-law shall be entitled to a license upon ^^^^ vendors,
payment of the license fee fixed by the council or police com-
missioners, as the case may be, upon his producing a certificate
of the local board of health ot the municipality or municipali-
ties in which he resides and obtains the supplies of milk

15 vended by him that he has complied with the regulations of
such local board of health.

2>. To remove doubt it is hereby declared that section 4 of Rev. Stat.
The Act respecting the' Slaughter of Cattle and the Inspection of deciTr'ed not
Meat aud Milk Supplies in Cities and Towns is not and never to be in force.
20 has been in force in this Province, and the said section shall
not come into operation^and^no" proceedings thereunder shall
be taken until the close of the next session of the Legislature.

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No. 167.] T)TT T [1900-

BILL.

An Act for the protection of Life and Property in
the use of Stationery Boilers and Engines, and the
Examination and Licensing of persons in charge
of them.

WHEREAS special provisions have been made by law for Preamble,
inspecting marine boilers and engines and as a result
the precautions made necessary by th6 owners in complying
with the said law have had the effect of reducing accidents
5 by boiler explosions to a minimum ; and whereas the boiler
explosions in the use of stationery engines and boilers have of
late years increased alarmingly and been the means of destroy-
ing a large number of lives, and a great amount of property,
through defective plant, the carelessness of owners, and the
10 lack of knowledge of the men in charge ; and whereas it is
expedient in the interests of the public that the like means of
prevention of such explosions and accidents should be applied
to stationery boilers and engines, as to marine boilers and
engines.

15 Her Majesty, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows: —

1. This Act may be cited as An Act for the Protection of short title.
Life and Property in the use of Stationery Boilers and

20 Engines and the Licensing of Engineers in charge of them.

2. In this Act unless the context otherwise requires. interpreta-

tion.

(1) The expression "Boiler" does not include boilers used "Boiler."
for heating water for domestic purposes or low pressure steam
heating boilers unless the pressure exceeds fifteen pounds per

25 square inch, or railway locomotives or steamboat boilers, but
means and includes all others steam boilers and every part
thereof, or thing connected therewith, and all apparatus and
things attached to or used in connection with any such boiler.

(2) The expression "Owner" means and includes any per- "Owner."
30 son, firm or corporation, the owner or lessee of the boiler, and

the manager or other head officer in charge of the business of
any such firm or corporation.

(3) The expression " Engineer " means any person having '* Engineers.

charge of or operating a steam boiler, under the provisions of
this Act.

•' Inspector." (4 j The expression " Inspector " means any Inspector of
steam boilers appointed by the Lieutenant-Governor in Council
under the provisions of this Act, 5

Appointment 3^ The Lieutenant-Governor in Council shall appoint an
inspec ors. jj^gpgg^Qj, qj. Inspectors of Steam Boilers for the Province, for
the purpose of carrying out the provisions of this Act, and
may fix the remuneration to be paid such inspector or inspec-
tors, and may divide the Province into districts, and appoint jq
one or more inspectors in each district. Such inspectors shall
constitute a board of boiler inspection who shall meet from
time to time as may be required, and who shall have power to
formulate uniform rules and regulations for the inspection of
boilers, and the examination of candidates for certificates of X5
fitness as engineers under the provisions of this Act, and upon
the approval of same by the Lieutenant-Governor in Council,
such rules and regulations shall have the same force as the
provisions of this Act.

Inspectors not 4. No person holding the office of inspector under the pro- 20
to be interest- visions of this Act, shall be either directly or indirectly inter-
boilergf * ° ested in the sale of boilers or steam machinery, or any kind of
supplies used in connection therewith.

Oath and 5. (1) Every inspector appointed under the provisions of

inspector?* *^^^ -^^^ shall, before entering upon the performance of his 05
duties, take and subscribe an oath that he will faithfully and
impartially perform the duties of his office, and also give
security for the due performance of his duties in the sum of
$2,000. He shall have had at least five years experience as a
practical engineer in charge of a steam engine. oq

(2) Every inspector appointed under the provisions of this
Act shall be practically conversant with the manufacturing and
working of boilers, and shall also be a competent and practical
engineer, especially conversant with the manufacturing and
' working of steam boilers, and shall hold the highest grade of 35

certificate, granted by the Ontario Association of Stationary
Engineers, or a first-class engineer's certificate from the
Minister of Marine and Fisheries, under Section 41 of Chap-
ter 78 of the Revised Statutes of Canada, R. S. C. chapter 78,
section 41. 4q

Rules for in- 6. The inspectors appointed under this Act shall, under the

T*'^*^°bo"l rs direction of the Lieutenant-Governor in Council, make such

' rules for the uniform inspection of all steam boilers coming

within the provisions of this Act, as will ensure the careful,

thorough and systematic inspection of all boilers once, at least, 45

in every year.

7. The provisions of this Act respecting the inspection of toilers in-
boilers shall not apply to any boiler insured and inspected by spected by in-
a duly incorporated or duly licensed boiler insurance com- suraiice cum-

^ pany, legally doing business in Canada, if the owner or owners p*'''^*
^ of such boiler shall, when required by an Inspector appointed
under the provisions of this Act, produce the certificate of in-
spection from such a company.

8. The inspectors shall examine all persons applying for Examination
certificates under this Act, and^shall have power to issue certi- and issue of

10 ficates of competency according to the experience, knowledge engineers.
and qualifications, subject to the rules and regulations made
and approved of by the Lieutenant-Governor in Council, from
time to time.

9. All certificates shall be exposed to view in a conspicuous Certitfirae to
15 place in the engine or boiler room. ^ posted up.

10. Every engineer or fireman, or holder of a special certi- Penalty for
ficate who undertakes to operate or take charge of any steam °'?fu''*^?^ ^'g.
plant, requiring a higher grade of certificate than he possesses cate.

shall be liable to a penalty not exceeding Fifty Dollars, and
20 not less than Ten Dollars, upon the conviction of the same
offence, and the inspector may revoke his certificate,

11. Every person who has charge of an engine or boiler to Temporary
which this Act applies at the time of the passing thereof, shall permits,
upon the payment of a fee of two dollars to the inspector, be

25 entitled to receive a permit to operate such steam plant for the
term of one year, and every such engineer or fireman who
applies for a renewal or higher grade of certificate, may pro-
cure the same by passing the necessary examination before
the inspector, and shall pay for the certificate the sum of five

30 dollars.

13. — (a) Every person to whom the provisions of the next Fee on exami-
preceding section does not apply, who presents himself for ^^^l?n ^^^
examination, shall pay the sum or five dollars for such examin-
ation. Each certificate shall have force and effect for the term
35 of one year, unless sooner revoked for cause, and for each
renewal the sum of one dollar shall be paid. The inspector
shall not issue in any case a certificate to a person of intem-
perate habits, however skilful he may be.

(b) Every person who has had charge of an engine or boiler
40 to which this Act. applies at the time of the passing thereof,
for the period of ten years prior to the time of the passing
hereof, shall upon the payment of a fee of five dollars to the
inspector, and upon furnishing proof of such service and of
good character, from his employers be entitled to receive a
45 second class certificate.

13. Every inspector appointed under this Act shall have Revocation of

power to revoke the certificate of any engineer in his district, certificate for
*• ./ o > misconduct.

Employment
of unlicensed
person.

if the person holding the same shall have committed any act
or acts that shows him t) be unworthy, incompetent or intem-
perate ; but such person may appeal from the decision of the
inspector to the Minister of Agriculture.

14. No person shall employ another as engineer, and no 5
person shall serve as engineer unless the person serving or as
employed as engineer is then licensed by an inspector as
aforesaid, and any one who violates any of the provisions of
this section, and shall be liable to a penalty not exceeding two
hundred dollars, and not less than fifty dollars. 10

Application of 15. All monies collected for certificates or renewals under

fees paid for ^}^jg ^^^ shall be paid to the inspector who issues the certifi-
certiiicates or ' , , A . , , , , i -r» • • i i-i ,

renewals. cates, and who. SD all remit the same to the rrovincial fcjecretary,

together with a statement showing the names and addresses

of the persons paying the same. 15

Prosecutions,

Record to be
kept by
inspector.

16. All prosecutions under this Act may be brought before
any of Her Majesty's justices of the peace in and for the
county in which the offence was committed, and in cities,
towns and incorporated villages where there is a police magis-
trate, before such magistrate. 20

17. Every inspector «hall keep a true record of all boilers
inspected, and all repairs ordered by him, of all boilers con-
demned by him as unsafe, of all accidents to boilers in his dis-
trict whether by explosion or otherwise, of all cftsualities in
connection "with boilers in his district. 25

Engineer to
give notice
when boiler
becomes
unsafe.

18. Whenever any licensed engineer or inspector shall dis-
cover that the boiler he is operating has become weakened
or unsafe, he shall at once notify the proprietor, owner or
manager of the fact and demand that they be repaired and
made safe. If the owner, proprietor or manager shall refuse 30
or neglect to have the needed repairs made, the engineer or
inspector shall at once notify the board of inspectors of such
refusal or neglect.

Order for in-
spection of
boiler-

Penalty.

19. The board shall thereupon order a thorough inspection
to be made, and if said boiler proves on inspection to be 35
unsafe, the proprietor or manager shall forthwith have the
needed repairs made, and any owner, proprietor or manager
who shall attempt to operate any boiler after such inspection,
before having the needed repairs made, shall on conviction, be
fined not less than $ nor more than % 40

Boilers under. 30. Any boiler operated at a pressure of fifteen pounds or
less to the square inch, shall not come under the provisions of
this Act, except those under sidewalks in cities or towns.

Notice of ex-
plosion.

31. On the occurrance of an explosion from any boiler to

which this Act applies, notice thereof shall be sent within
twenty-four hours thereafter, to the inspector within whose
jurisdiction the explosion took place, by the owner or by the
user, or by the person acting on behalf of the owner or user.

K 32. The notice shall state the precise locality, as well as the Particulars to

, . , , „ . , , . . , , - - be set c"*- ■-

notice.

day and the hour of the explosion, the number of persons in- ^ ^®^ ""* ^^

jured or killed, in addition to the purposes for which the
boiler is used, and generally the part of the boiler that failed,
and the extent of the failure, and such other particulars if
jQ any as the Lieutenant-Governor-in-Council may from time to
time require.

23. If default is made in complying with the requirements Penalty for
of the last preceding sections the person in default shall on ^ *" *'
summary conviction be liable to a fine not exceeding one

15 hundred dollars,

24. On the receipt of a notice of a boiler explosion the in- Investigation
spector shall fully investigate the causes and circumstances °^ explosion,
attending the explosion, and such investigation shall be held at

or as near the place of such explosion by the said inspector, in
20 such a manner and under such conditions, as the Lieutenant-
Governor in Council may from time to time deem most
effectual, for ascertaining the causes and circumstances of the
explosion, and for enabling the said inspector to make the
report hereinafter mentioned.

25 25. The inspector making such investigation with respect Beport to
to any boiler explosion shall present a full and clear report to Minister of
the Minister of Agriculture, stating the cause of the explosion, ^^^^^ *"'^®'
and all the circumstances attending the same, as shown by
the evidence adding thereto any observation thereon, or on the

3Q evidence, or on any matters arising out of the investigation,
which they may think right to make.

2 6. In the Case of an explosion taking place on any station- Onus of proof
ary boiler for which the owner or user has not obtained a *® *° ?^^^^'
certificate of fitness, from an inspector under this Act, or from of accidents.

34 any inspector of a duly incorporated boiler insurance com-
pany, and any person killed or injured thereby, or any
property destroyed or injured, the owner or user of such
boilers shall prima facie be deemed guilty of negligence, and
liable for any injury occasioned by such explosion, and the

^Q onus shall be on the owners or users of the said boilers, to
show that all reasonable and proper precautions had been
taken to prevent such explosion or accident.

27. Provided that no part of this Act, except section 26 Act not to ap-
shall be deemed to apply or to affect the operations of steam fl^ ^olwtV^
^g engines or boilers, upon any farm for threshing, or other etc.
agricultural purposes.

Feeoninepec- 38, For every inspection and certificate thereof under the
ficat*'^ '^^^ ' provisions of this Act, the inspector shall be entitled to receive
from the owner or user of a boiler, a fee of five dollars. If
two boilers are inspected at the same time a fee of eight dol-
lars, and if three boilers are inspected at the same time a fee
of ten dollars, and for each additional boiler inspected a fee
of two dollars more.

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No 168 ] g|J^L_

[1900.

An Act to amend The Street Eailway Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontai-io,
enacts as follows : —

1. Subsection 3 of section 18 of The Street Railway Act is Rev. Stat.
5 hereby repealed. ^ubTC '''

repealed.

3. Section 18 of the said Act is amended by adding thereto Rev. Stat,

the following subsections : — ^' ^08, s. 18,

° • amended.

(3) The company, when operating any portion of its line Fenders to be
by means of electricity, shall use on the front of each car used V^.®*^ °° ^^^'

] 0 by such company a proper and sufficient life saving fender to
prevent any person being run over by the car if such person
falls in front thereof, or is struck by the car approaching him.

(4) The company when operating any car upon its railway
shall have at least two men engaged thereon, so as to collect

15 the fares and also to look after the public safety, and stop the
car for intending passengers.

3. In case any street railway, electric or other railway, has Agreements
been heretofore, or shall hereafter be, constructed in any muni- Yea to°emire°
cipality under an agreement with the council thereof, or of the fo^" benefit of

20 council having the control of the road, street or highway therein, ^^ng^roac^
and the locality, or any part of the locality in which said road
has been, or is constructed, is subsequently to the making of
such agreement, removed from one municipality to another, or
the road, street or highway along which the said street railway

25 has been or shall be constructed, has ceased to be owned or
controlled by one municipality, or the council thereof, or by
any council having the control of such road, street or highway,
and has become vested in or has been placed under the control
of another municipality or the council thereof, then the agree-

30 ment shall be continued in force as if made with the council of
such last mentioned municipality, and the corporation of such
last mentioned municipality and any other officer or person
designated by by-law thereof shall be substituted for and shall
have all the rights and may exercise all the powers and be

35 subject to the same duties as the municipal corporation party
to such agreement and any officer or person named therein and '
charged with the performance of any duty thereunder.

Rev. Stat. 4. Subsection (1) of section 46 of the said Act is amended

c. 208.S. 46, by substituting the words and figures *' 18 and 19" for the
amended. words " and 18 " in the fourth line thereof.

Filling in 5 Unless the municipal corporation having the control of

keeping them ^^y highway over which a street railway, electric railway or 5
flush with the other railway is operated has agreed to construct and maintain
ig way. ^^^ keep in repair that portion of the highway over which the
railway is carried every street railway, electric railway or other
railway company heretofore or hereafter incorporated shall
wherever the railway of the company is operated along a 10
highway keep the space between the rails of the tracks filled
up with cinders or gravel and the crossing of every culvert or
ditch boarded over, and shall keep the rails flush with the
remaining portion of the highway, and the said space between
the rails shall at all times be maintained by the company in 15
such condition as to be suitable for use by persons travelling
on bicycles and unless the council of the municipality other-
wise provide by by-law the said space shall not be used except
by foot-passengers and bicyclists.

RaIo if fares. Q Notwithstanding anything contained in any municipal 20
by-law or any agreement entered into by any municipal cor-
poration the fares to be taken by any street railway, electric
railway or other railway company operated by any other motive
power than steam for ( ach passenger shall not exceed five cents
for any distance not exceeding three miles, and where the dis- 26
tance exceeds three miles then not exceeding two cents per
mile or fraction thereof for a distance actually travelled..

Children under ten years of age shall be carried for three
miles for three cents and for any additional distance for half
fare, but children in arms sliall in all cases be carried free. 30

Table of fares ^ 'pj^^g directors of everv street railway, electric railway or

to OG D08tj6(J t/ ' •/

up. other railway company heretofore and thereafter incorporated

and operated by any other motive power than steam shall

I from time to time print and post or cause to be printed and

posted in any office and in all and ^very of the places where 35
the tolls are to be collected and in every passenger car where
tolls or fares are to be collected and in every passenger car in
some conspicuous place a printed board or paper exhibiting all
the tolls payable and particularizing the price or sum of money
to be charged or taken for the carriage of any matter or charge. 40

of^Act**'"" 8. This Act shall apply to every street railway, electric

railway or other railway company heretofor or hereafter in-
corporated, and to every agreement, contract or by-law hereto-
fore or hereafter made, entered into or passed by any municipal
corporation, respecting the use by such company of highways 45
owned or under the control of such municipal corporation,
whether the company was or shall be incorporated in a general
Actor under a special Act, and the powers conferred upon such
• company by any such general or special Act shall in all cases
be subject to the provisions of this Act. 50

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No. 168.] gJLL fl^""-

An Act to amend The Street Railway Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 18 of The Street Railway Act is amended by Rev. Stat.
adding thereto the following subsections : — ''bs^S^' ^^'

(4) The company, when operating any portion of its line by ^^^^^ ^
means of electricit3^ shall use on the front of each motor ear used g.^^s s'.is
by such company a fender *^of a class to be approved by the amended.
Engineer of the Department of Public Works of Ontario as a Fenders to be
proper and sufficient life saving fendler^^ to prevent any per- "jYcc°° ^^^°"
son being run over by the car if such person falls in front
thereof, or is struck by the car approaching him.

(5) The company when operating any motor car upon its rail-
way shall have at least two men engaged thereon, so as to collect
the fares and also to look after the public safety, and stop the
car for intending passengers.

3. In case any street railway, eleclric or other railway, has Agreements
been heretofore, or shall hereafter be, constructed in any muni- ^^^^ compan-

16S &S to

cipality under an agreement with the council thereof, or of the certain mat-
council having the control of the road, street or highway therein, *ers to enure
and the locality, or any part of the locality in which said road municipality
has been, or is constructed, is subsequently to the making of owning road
such agreement, removed from one municipality to another, or
the road, street or highway along which the said street railway
has been or shall be constructed, has ceased to be owned dr
controlled by one municipality, or the council thereof, or by
any council having the control of such road, street or highway,
and has become vested in or has been placed under the control
of another municipality or the council thereof, then *^so far as
such agreement relates to the construction, maintenance and
repair of the track and roadbed of the railway or the remain-
ing portions of the highway or highways over which the
railway is operated, and to the removal of snow and ice from
the company's track and the disposal of such snow and ice
upon the highway or elsewhere'^ the corporation of such
last mentioned municipality and any officer or person
designated by by-law thereof shall be substituted for and shall
have all the rights and may exercise all the powers and be

subject to the same duties as the municipal corporation party
to such agreement and any officer or person named therein and
charged with the performance of any duty *^in respect to
the matters aforesaid"®* thereunder.

Rev. Stat. 3. Subsection (1) of section 46 of the said Act is amended

subfif'^^' by substituting the words and figures "18 and 19" for the
amended. words " and 18 " in the fourth line thereof, and ^by adding at
the end of the said' section the words " but the said sections
17, 18 and 19 shall extend and apply to every fttreet railway,
electric or other railway heretofore or hereafter operated by
electricity upon the highways of any municipality."®*

Rate of fares. 4. Notwithstanding anything contained in any municipal
by-law or any agreement entered into by any municipal cor-
poration the fares to be taken by any street railway, electric
railway or other railway company operated by any other motive
power than steam for each passenger shall not exceed five cents
for any distance not exceeding three miles, and where the dis-
tance exceeds three miles then not exceeding two cents per
mile or fraction thereof for a distance actually travelled.

Children under ten years of age shall be carried for three
miles for three cents and for any additional distance for half
fare, but children in arms shall in all cases be carried free ;
*^Provided that nothing in this section contained shall apply
to any companj'- which at the time of the passing of this Act is
subject to the provisions of section 26 of The Street Railway
Act nor shall anything in this section contained apply to or
affect any by-law passed by or any contract entered into by
the council of a city with respect to the operation of a railway
by motive power other than steam in such city nor to any by-
law passed by or agreement entered into by any other munici-
pality for the extension of such last mentioned railway beyond
the limits of the city."^^

Table of fares 5. The directors of every street railway, electric railway or
to be posted Q^j^gj. railway company heretofore and thereafter incorporated
and operated by any other motive power than steam shall
from time to time print and post or cause to be printed and
posted in any office and in all and overy of the places where
the tolls are to be collected and in every passenger car where
tolls or fares are to be collected and in every passenger car in
some conspicuous place a printed board or paper exhibiting all
the tolls paj'able and particularizing the price or sum of money
to be charged or taken for the carriage of any matter or charge.

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"'"■'^^•i BILL. f'""

An Act to amend the Bills of Sale and Chattel
Mortgage Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. In case a mortgage or conveyance of goods and chattels Mortgage

.Sfe-' & -lA , Riven to secure

5 or any company incorporated by or under any Imperial Act bonds or de-
or charter to a trustee or trustees for the purpose of securing bentures of
the bonds or debentures of any company having its head w its head
office in any part of Great Britain or Ireland is made, including o™°? ^^ Great
goods or chattels of the company in Great Britain or Ireland Ireland',

1 0 and goods or chattels or other personal assets of the company Registration
either then or thereafter to be acquired in the Province of ° '
Ontario, it shall be sufficient to deposit in the office of the
Provincial Secretary a copy of such tiust deed or mortgage,
and of the memorandum or articles of association and any by-

15 laws or resolutions of the company authorizing the issue of
such debentures, veritied by the affidavit of the president and
secretary of such company as true copies of such trust deed,
memorandum or articles and by-laws or resolutions, within
thirty days after the execution of such trust deed or mort-

20 gage, together with an affidavit made by the mortgagee or
one of the mortgagees, or in case the mortgagee be an in-
corporated company, by the president, vice-president, man-
ager or assistant manager of such mortgagee company, to the
effect that the said mortgage or conveyance was executed in

25 good faith and for the express purpose of securing the bonds
or debentures referred to therein and not for the purpose of
protecting the goods and chattels mentioned therein against the
ere iitors of the mortgagors, or of preventing the creditors of
such mortgagors from obtaining payment of any claim against

30 them, notwithstanding anything in The Bills p/ Sale and
GhiiAtel Mortgage Act to the contrary contained.

3. A general description of the goods and chattels of the Description of
company contained in any such trust deed or mortgage, either ^"^y^®!^^
than owned in the Province of Ontario or which may thereafter
gg be owned or acquired in such province shall be sufficient.

3. The deposit of such trust deed or mortgage as aforesaid Deposit in
shall stand in lieu of the registration of any bill of sale or offiJI tohl
chattel mortgage under the said Act. sufficient

registration.

Annual state- 4:. It shall be the duty of the president and secretary of any
ment of company so depositing tlie said trust deed or mortgage to

debtadness!" include in the annual statement of the company required to be
made by law a statement of the number and value of the
debentures of the company secured by the said trust deed or 5
mortgage outstanding on the 31st day of December next pre-
ceding the making of such statement, as well as of any
interest in arrear, if any, but default in making such return
Renewals need shall not invalidate the security created by the said trust deed
not be filed, qj. mortgage. And it shall not be necessary to file any renewal 10
of such trust deed or mortgage under section 18 of the said
Act in order to keep the same in force.

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No. 170.] "DTT T [1900

BILL.

An Act to amend an Act for the Prevention of Acci-
dents by Fire in Hotels and other like Buildings.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

Section 2 of Act for the Prevention of Accidents 6-?/ ^-^re Rev. Stat ,
5 m Hotels and other like Buildings is hereby amended by ainended. '
addinf^ thereto the following as sub-section 3 thereof : — " Pro-
vided, however, that such owner, lessee or proprietor as re-
ferred to in sub- section 1 shall not be required to erect or cause
to be erected such stairway or ladder it he shall provide and

10 keep on each of the flats above the ground floor a fire escape

for the use of guests occupying the same, consisting of a cylin- "^''"^ escnpes.
drical casing made of canvas or any other suitable material
and provided at the top with a metal ring which is supported
by chains from the window, the lower portion of the casing

15 extending into proximity with the ground."

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No. 171.] "DTT T [1900.

BILL.

An Act to amend The Ontario Factories Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Sub-section 3 of Section 21 of The Ontario Facto ies^^^- ^^*'^'
b Act being chapter 256 of the Revised Statutes of Ontario, ^' '^ '
1897, is amended by adding after the word "work-room" in
the 9th line of the said sub -section, the following words : —
" or such fire escapes may consist of a cylindrical casing made Fire escai es.
of canvas or any other suitable material and provided at the
10 top with a metal ring supported by chains from the window,
the lower portion of the casing extending into proximity with
the ground."

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No. 172.] BILL. t'"'"-

An Act to amend The Ontario Shops Regulation Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacta as follows : —

1. Subsection 4 of section 15 of The Ontario Shops Regit- ^^^ g^^^
lation Act is hereby amended by adding at the end of said c. 257, s. 15,
subsection 4 the following words : — '' or such fire escapes may '^"'''^■j^j
consist of a cylindrical casing made of canvas or any other
suitable material and provided at the top with a metal ring Fire escapes,
supported by chains from the window, the lower portion of
the casing extending into proximity with the ground."

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No. 173.] T>TT T [1900-

BILL.

An Act respecting County Courts.

HER MAJESTY by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1.' Section 22 of The County Courts Act is hereby repealed Rev. Stat.

6 and the following; substituted therefor : • ^^' ^-^i

" repealed.

22. Except in cases of actions in which, by section 27 of Matters not
this Act, or by any other Act, jurisdiction is conferred upon *" be within
county courts or a judge thereof the said courts shall not iounty^courts.
have cognizance of any action :

10 1. In which the title to land of a greater value than
is brought in question ; or

2. In which the validity of any devise, bequest or limita-
tion exceeding $400 under any will or settlement is disputed,
nor wh^re the assets of the estate or fund out of which the

15 amount in question is payable exceeds $2,000 ; or

3. Against a justice of the peace for anything done by him
in the execution of his office, if he objects thereto.

3. Section 23 of the said Act is repealed and the following Rev. Stat. c.

substituted therefor : repealed.

20 28. Subject to the exceptions contained in the last preced- Jurisdiction
ing section, the county courts shall have jurisdiction ; allowed.

(1) In all personal actions where the debt or damages
claimed do not exceed the sum of $400.

(2) In all causes and actions relating to debt, covenant and
25 contract to $1,000, where the amount is liquidated or ascer-
tained by the act of the parties or by the signature of the de-
fendant.

(3 J To any amount on bail bonds given to a sheriff in any
case in a county court, whatever may be the penalty.

30 (4) On recognizances of bail taken in a county court, what-
ever may be the amount recovered or for which the bail there-
in may be liable.

(5) In actions of replevin where the value of the goods or

other property of effects distrained, taken or detained, does

35 not exceed the sum of $400, as provided in The Replevin Act,

Rev. Stat. (6) In interpleader matters, as provided by the rules re-

*'• ^" specting interpleader.

(7) In any cause or action relating to debt, covenant and
contract where the amount is liquidated or ascertained by the
act of the parties or by the signature of the defendant, when _
the plaintiff and defendant, before the issue of the writ, agree
by memorandum in writing signed by them and filed upon the
application for the writ, that the court shall have power to try
the action.

(8^ In actions for the recovery of or for trespass or injury 10
to land where the value of the land does not exceed $400.

(9) In actions by persons entitled to and seeking an account
of the dealings and transactions of a partnership, the joint
stock or capital not having been over $2,000, whether such
account is sought by claim or counter claim.

(10) In actions by a legatee under the will of any deceased
person, such legatee seeking payment or delivery of his legacy
not exceeding $400 in amount or value out of such deceased
person's estate not exceeding $2,000.

(11) In actions by a legal or equitable mortgagee whose on
mortgage has been created by some instrument in writing, or

a judgment creditor, or a person entitled to a lien, or security
for a debt, seeking foreclosure or sale, or otherwise, to enforce
his security, where the sum claimed as due does not exceed
$400. 25

(12) In actions by a person entitled to redeem any legal or
equitable mortgage or any charge or lien, and seeking to re-
deem the same, where the sum actually remaining due does
not exceed $400.

(13) In actions by any person seeking equitable relief in gQ
respect of any matter whatsoever, where the subject matter
involved does not exceed

(14) In any action or contestation to establish the right of
a creditor to rank upon an insolvent estate where the amount
of such claim does not exceed $600.

35
Rev. Stat. r. 3. Sub-section 1 of section 30 of th6 said Act is amended
55. 8. 30 subs 1 by substituting the figures " 400 " for " 200 " in lines four and
amen e . seven and the figures "2,000" for "1,000" in line eight thereof.

4. Section 33 of the said Act is amended by substituting,
c 56. 8. 33. the figures "200" for "100" in line eight thereof. ^^

amended.

Rev. Stat. 5. Section 38 of the said Act is amended by substituting

c. 55 8. 38, the figures "400" for "200" in lines four and six thereof.

amended. '^

Rev. Stat. 6. Section 7 of The Replevin Act is amended by substitut-

c. 66 s. 7, in.r " $400 " for " $200 " at the end of the second line thereof. 415
amended, ° *v

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Bill No. 174
NOT PRINTED

No. 175.] nrrT [i^^^-

BILL.

An Act to amend The Public Schools Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : — ,

1. The Public Schools Act is amended by inserting therein 5*v, Stat., c.

^ , , „ „ . , . t.- ra 292, amended.

5 the following section as section boa : —

56a. — (1) In any city or town in which the aldermen or Election of
councillors are elected by general vote there shall be six trus-^i,erealder^^^
tees where the population does not exceed 6,000 according to men or coun-
the last census of the Dominion of Canada, and two additional eiicted by
10 trustees for every addition 2,000 of the population above general vote.
6,000, and the said trustees shall be elected by general vote as
provided in the case of municipalities not divided into wards.

(2) In every said city or town the trustees so elected shall Term of office,
continue in office for two years and until their successors have

15 been elected and a new board organized.

(3) Of the trustees elected at the first election held under First election,
this section one half the number (to be determined by lot at

the first meeting of trustees after their election, which deter-
mination shall be entered on the minutes) shall retire from reth-e at end of
20 office at the time appointed for the next annual school election each year,
and the other half shall continue in office for one y^ar longer
and shall then retire ; after which half the whole number of
trustees shall be elected annually.

(4) No elector shall vote more than once at any election Electors n
25 held in a city or town under this section. than once.

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No. 176.] BILL ^^^^^'

An • Act respecting mortgages by Electric Railway
Companies or Street Railway Companies.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Every mortgage made by any Company incorporated Enforcing ,
5 under the provisions of The Electric Railway Act, or of The ^ollfntl^
Street Railway Act, whenever the deed creati:ig such mort^- bonds of
age encumbrance may have been executed may be enforced companfes^^^
by judgment for foreclosure or sale in the same manner and
to the same extent as such mortgage could be so enforced if
l^ the same had been made by a company not incorporated for
any public purpose.

%. Effect shall be gi /en to this Act as well in any action Act to apply
now pending as in any which may be hereinafter brought. Lct?on^^°^

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No. 176.] BILL ^^^^^'

An Act respecting mortgages by Electric Eailway
Companies or Street Kailway Companies.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Every mortgage made by any Company incorporated ^"[tgage^s
under the provisions of The Electric Railway Act, or of The to secure
Street Railway Act, whenever the deed creati^ig such mortg- bonds of

11 1 iTi £j street lauway

age encumbrance may have been executed may be eniorced companies,
by judgment for foreclosure or sale in the same manner and
to the same extent as such mortgage could be so enforced if
the same had been made by a company not incorporated for
any public purpose.

*^3. If, at any time, any railway or any section of any rail- Notiee to be
way is sold under the provisions of any deed of mortgage vincial
thereof, or at the instance of the holders of any mortgage Secretary by.
bonds or debentures, for the payment of which any charge
has been created thereon, or under any other lawful proceed-
ing, and is purchased by any person or corporation which has
not any corporate powers authorizing the holding and operat-
ing thereof by such purchaser, the purchaser thereof shall
transmit to the Provincial Secretary, within ten days from the
date of such purchase, a notice in writing stating the fact that
such purchase has been made, describing the termini and line
of route of the railway purchased and specifying the charter
or Act of incorporation under which the same had been con-
structed and operated, including a copy of any writing pre-
liminary to a conveyance of such railway which has been
made as evidence of such sale ; and immediately upon the
execution of any deed of conveyance of such railway the pur-
chaser shall also transmit to the Provincial Secretary a dupli-
cate or an authenticated copy of such deed, and shall furnish
to the Provincial Secretary on request, any further details or
information which he requires. (See Dom, Railway Act, s.

^"3. Until the purchaser has given notice to the Provincial to"operIte°°*
Secretary in manner and form as provided by the next pre- railway until
ceding section, tjie purchaser shall not run or operate the "otice given,
railway so purchased, or take,^ exact|or| receive any tolls

whatsoever in respect of any traffic carried thereon; but after
the said conditions have been complied with, the purchaser
may continue, until the end of the then next session of the
Legislative Assembly, to operate such railway and to take and
receive such tolls thereon as the company previously owning
and operating the same was authorized to take, and shall be
subject, in so far as they can be made applicable to the terms
and conditions of the charter or Act of incorporation of the
said company, until he has received a letter of license from
the Provincial Secretary, which letter the Provincial Secretary
^ is hereby authorized to grant, defining the terms and con-
ditions on which such railway shall be run by such pur-
chaser during the said period. (Dom. Railway Act, s. 279.)'®*

lL"incorpor° *^*- ^^^^ purchaser shall apply to the Legislative Assembly
ated thereafter at the next following session thereof after the purchase of
such railway, for an Act of incorporation or other legislative
authority, to hold, operate and run such railway unless in the
meantime incorporation ha,s taken place under a general Act
of the Province relating to street railways or electric rail-
ways ; and if such application is made to the Legislative
Assembly and is unsuccessful, the Lieutenant-Governor in
Council may extend the license to such railway until the end
of the then next following session of the Legislative Assembly
and no longer ; and if during such extended period the pur-
chaser does not obtain such Act of incorporation or other legis-
lative authority or secure incorporation under a general Act
as aforesaid, such railway shall be closed or otherwise dealt
with as may be determined by the Lieutenant-Governor in
Council. {Of. Dom. Railway Act, s. 280)"^
Act to apply

in pending 5 Eflfect shall be gi vcn to this Act as well in any action

now pending as in any which may be hereafter brought.

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No. 176.] BILL ^^^^^*

An Act respecting mortgages by Electric Railway
Companies or Street Railway Companies.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Every mortgage made by any Company incorporated Enforcing
under or subject to the provisions of The Electric Railway Act, "Tefure^^
or of The Street Railway Act, whenever the deed creating such bonds of
mortgage encumbrance may have been executed may be enforced company's''*'
by judgment for foreclosure or sale in the same manner and
to the same extent as such mortgage could be so enforced if
the same had been made by a company not incorporated for
any public purpose,

%, If, at any time, any street railway or any electric railway Nutiee to be
or any section of any such railway owned by any such com- ^.^®? j" ^^°'
pany is sold under the provisions of any deed of mortgage Secretary by
thereof, or at the instance of the holders of any mortgage pu^cbaser.
bonds or debentures, for the payment of which any charge
has been created thereon, or under any other lawful proceed-
ing, and is purchased by any person or corporation which has
not any corporate powers authorizing the holding and operat-
ing thereof by such purchaser, the purchaser thereof shall
transmit to the Provincial Secretary, within ten days from the
date of such purchase, a notice in writinp- stating the fact that
such purchase has been made, describing the termini and line
of route of the railway purchased and specifying the charter
or Act of incorporation under which the same had been con-
structed and operated, including a copy of any writing pre-
liminary to a conveyance of such railway which has been
made as evidence of such sale ; and immediately upon the
execution of any deed of conveyance of such railway the pur-
chaser shall also transmit to the Provincial Secretary a dupli-
cate or an authenticated copy of such deed, and shall furnish
to the Provincial Secretary on request, any further details or
information which he may require.

3. Until he has given notice to the Provincial Secretary Purchaser nob
in manner and form as provided by the next preceding sec- *« operate
tion, the purchaser shall not run or operate the railway noti^e^ven.
so purchased, or take, exact or receive any tolls what-

soever in respect of any traffic thereon; but after the said
conditions have been complied with, the purchaser may
continue, until the end of the then next session of the
Legislative Assembly, to operate such railway and to take and
receive such tolls thereon as the company previously owning
and operating the same was authorized to take, and shall be
subject, in so far as they can be made applicable, to the terms
and conditions of the charter or Act of incorporation of the
said company, until he has received a letter of license from
the Provincial Secretary, which letter the Provincial Secretary
is hereby authorized to grant, defining the terms and con-
ditions on which such railway shall be run by such pur-
chaser during the said period.

Provided, however, that in the case of a street railway if a
new charter of incorporation affecting such railway be granted
under the provisions of The Street Railway Act such railway
may be operated under and subject to the provisions of the
said Act,

Purchaeer to 4:. Such purchaser shall apply to the Legislative Assembly
beincorpor- at the next following; session thereof after the purchase of
such railway, for an Act of incorporation or other legislative
authority, to hold, operate and run such railway unless in the
meantime in the case of a street railway incorporation has
taken place under the provisions of The Street Railway
Act ; and if such application is made to the Legislative
Assembly and is unsuccessful, the Lieutenant-Governor in
Council may extend the license to such railway until the end
of the then next following session of the Legislative Assembly
and no longer ; and if during such extended period the pur-
chaser does not obtain such Act of incorporation or other legis-
lative authority or secure incorporation under The Street Rail-
way Act as aforesaid, such railway shall be closed or other
wise dealt with as may be determined by the Lieutenant-
Governor in Council.

5. If at any time any railway or any section of a railway
as aforesaid is acquired by foreclosure by any person or cor-
poration which has not any corporate powers authorizing the
holding or operation thereof, such person or corporation shall
comply with and be subject in all respects to the provisions of
sections 2, 3 and 4 of this Act as if such persons or corpor-
ation were the purchaser of a railway or section of a railway.

Act to apply ^' Effect shall be given to this Act as well in any action
in ^nding now pending as in any which may be hereafter brought

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No. 177.] "DTT T [1^^^-

BILL.

An Act to amend The Assessment Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 18 of The Assessment Act is amended by adding Rev. Stat., c
. after the word " property " in fourth line thereof the following amended.'
words : —

" Except the ways, rails, poles, wires, gas and other pipes,
sub -structures, super-structures, and other plant and appli-
ances belonging to street railways, telegraph, telephone, gas,
electric light, water, and other similar companies, within any
city."

And by adding at the end of the section the following
words : —

" The said ways, rails, poles, wires, gas and other pipes. Assessment of
15 sub- structures, super-structures, and other plant and appli- a^l^other ^*^
ances within any city or town, belonging to a street railway, similar com-
telegraph, telephone, gas, electric light, water, and other similar p*°^®^-
companies shall be assessable in the ward in which the head
office of such company is situated, if such head office is situated
20 in such city or town, but if the head office of such company is
not in such city or town, then the assessment may be-in any
ward of such city or town, and such ways, rails, poles, wires,
gas and other pipes, sub-structure, super-structures, and other
^ plant and appliances, shall be assessed at their fair value to
25 the owner as plant and material in use in going concerns."

3. Sub-section 1 of section 39 of the said Act is amended Rev. Stat., c.

by striking out the words " other than the companies men- 224, s. 39, sub-

tioned m sub-section 2 of this section," in the second and third Assessment of

lines thereof. personal pro-

perty of com-
pany.

'^0 3. Sub-section 2 of said section 39 is amended by striking -g^^ ^.^^ ^

out all the words in the section after the word "bank " in the 224, s. .S9, '

first line thereof, down to and including the word " estate " in ^^^1^^

the fifth line thereof, and by substituting the word " bank " Assessment of

for the word " companies " in the last line thereof. personal pro-

^ perty of banks

etc.

35 4. Sub-section 2 of section 62 of the said Act is amended Rev. stat., c.
by striking out the words '• at the rate of not more than $500 " 224, s. 62,

»mend«dt

Remuneration ^^ ^^^ second and third lines thereof, and by inserting in lieu

of membera thereof the following w ords, " such sum " ; and by inserting

Revision after the word " services " in the third line the following

words : " As the council may by by-law or resolution provide."

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178.] rjTT T . [1900

An Act to amend The Charity Aid Act.

1. Sections 3 and 4 of The Charity Aid Act are repealed Rev. Stat.

and the followingr substituted therefore : — °- "^^^ ^^' ^' ^'

° repealed.

3. All moneys appropriated by the Legislative Assembly for Mode of dis-
the purposes of this Act shall be distributed as follows, that ^2* Act''^
5 is to say : —

(1) The moneys appropriated for the purpose of aiding

the institutions named in Schedule A shall be
divided "pro rata among the said institutions upon
the basis of the number of days actual treatment
10 ^nd stay of each patient admitted to or being

within any such institution during the calendar
year next preceding the year for which such aid
is given.

(2) Every institution named in Schedule B shall have and
15 receive 7 cents for each days actual lodgment and

maintenance therein of any indigent person during
the calendar year preceding that for which such
aid is given.

(3) Every institution named in Schedule C shall so have
20 ^^^ receive 2 cents for each days actual lodgment

and maintenance therein of any orphan or neglected
or abandoned child during the calender year next
preceding that for which aid is given.

(4) Every institution named in Schedule C shall so have
25 and receive 7 cents per day for each days actual

lodgment and maintenance of any adult, friendless
and indigent female cared for therein during the
calendar year next preceding that for which such
aid is given.

30 4. Every grant made under the authority of the preceding OonditionB to
section shall be conditional upon compliance with the require- be complied
ments of this Act and of all orders made thereunder by the
Lieutenant- Governor- in- Council and shall be subject to the
restrictions hereinafter contained.

3,5 4a. Where the receipts of any institution named in Schedule No aid to be
A, B or C are equal to or exceed, without reckoning any aid fecei'^t'^exceed
received under this Act, the expenditure for maintenance of cost of main-
patients or inmates no aid shall be granted to such institu- tenance.
tion under this Act.

Rev. Stat,
c. 320, s. 9,
amended.

2. Section 9 of The Charity Aid Act is amended by strik-
ing out all words in subsection 1 of the said section after
the word " entitled " in the 7th line ; and by striking out
subsection 2 of the said section.

Rev. Stat. 3. Section 10 of The Charity Aid Act is repealed.

c. 320, s. 10,

Rev Stat ^" ^^ction 17 of the said Act is amended by striking out

c. 320, 3. 17 the words Schedules A and B at the end of the third line and

amended. -j^y inserting the words Schedules A, B and C in lieu thereof.

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No. 179.] T^TT.T. [1900.

An Act to ametid The Municipal Drainage Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 8 of The Municipal Drainage Act is amended Rtv. Stat.,

5 by inserting therein the following as sub-section (3a). amenVd.^"'

(3a) If owing to the construction of a railway either before ^ ,

or after the passing of this Act water is by any means caused railways for
to flow upon and injure the lands of any municipality, com- 1?^^.^.°^
pany or individual, or the natural flow of the drainage is or '** ' ^ ^'

10 has been diverted or interfered with so as to cause water to
remain upon, or so as to prevent the free flow of water from
any such lands and roads, or if, owing to the existence of a
railway, extra cost is incurred through the necessity of divert-
ing the course of a drainage work under this Act so as not to

15 cross such railway the company owning or controlling such
railway may, under all the formalities and powers contained
therein, except the petition be assessed and charged for the con-
struction and mamtainence of the drainage work to the extent
required for relieving the injured lands and roads from such

20 water and to the extent of the extra cost of the work occasioned
by the existence of such railway as may l:e determined by the
engineer or surveyor, Court of Revision, County Judge or
Referee.and such assessment shall be deemed to be an assessment
for injuring liability within the meaning of sub-section 3 of this

2.5 Act, and the railway company thus made liable to assessment
shall neither count for nor against the petition required by
sub-section 1 of this section.

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No. 180] T>TT T [1^^^-

BILL.

An Act to amend The Assessment Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. The council of any city or town may, by by-law, provide Ry-iawsfor

5 for imposine; and levyins: upon and collecting; from merchants, »™pos'n& *ax
"^ ^ , ^ 1- J • IT 4. i. -1 • 'on gross pro-

firms and corporations engaged in selling at retail in open ceeds of sales

stores, under one roof, goods of several different kinds, or who in depart-
deliver such goods to consumers by mail, railroad or other
public method of transportation, a tax based upon the gross
10 proceeds of the sales made by every such merchant, firm or
corporation during the year preceding that in which the tax
ie to be collected, and such tax shall be graduated and pro-
gressive, and shall not exceed 2 per cent, of the gross proceeds
of such sales according to a schedule set forth in the by-law.

15 2. Where a by-law has been passed in pursuance of section Tax on gross
1 of this Act, such tax shall be in addition to any tax on per- f^ "Jjjjft^jo'n t^
sonalty such merchant, firm or corporation would pay if this personalty
section had not been passed, and in estimating the amount ***^-
upon which the said tax is based no reduction shall be made

20 in respect to any debt owing upon goods, wares or merchan-
dise, the proceeds of which are liable to said tax.

3. The two preceding sections shall not apply to auction- Act not to
eers,coal dealers, dealers in any agricultural products in Canada, apply to cer-
or to any merchant, firm or corporation whose gross proceeds business.

25 of sales in such preceding year do not exceed $50,000.

4. Section 47 of the said Act is hereby amended by insert- Rev. Stat. c.
ing after the word "roll" in the ninth line the following 2^'*» ^\ ^J'
words : " and all particulars required by the assessor to enable „ ,

,. , 1 • i.1 1 p -1 i •! 1 i« ii Statement to

him to ascertain the gross proceeds oi the retail sales oi the be furnished
30 business required foK the purpose of the tax imposed in section to assessors.
36 a and such* particulars shall be verified by statutary declar-
ation of the merchant or managing officer of the corporation
making it."

And by inserting after the word " statement " in the last
35 line the words " to be verified in the case of persons, firms and
corporations subject to a tax imposed under section 36 a as
aforesaid,"

'7.

non delivery
of statement
or falsifying,
same.

5. The fine for failing to deliver the written statement or
written statement and statutory declaration when required to
do so under section 47 of The AssessTnent Act shall be not less
than $100 nor more than $500 for each oftence thereunder,
and under section 48 of the said Act shall be $100, and for 5
knowingly stating anything falsely in any such statement
shall be not less than $50 nor more than $200 for each offence
thereunder.

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No. 181.] T)TT T [^900.

BILL.

An Act to amend The Registry Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Sub-section 3 of section 29 of The Registry Act as 62 V. (2) c. 16,
5 amended by the Act passed in the G2nd year of Her Majesty's »• !> amended,
reign chaptered 1 6 is amended by adding thereto the follow-
ing additional clauses :

(a) For the removal of doubts, it is hereby declared that the "instrument"
word " instrument " in this sub-section includes a caution or *° include
10 renewal of caution under ''The Devolution of Estates Act'' and tered under
where the same does not contain a local description of the Rev. Stat,
lands it shall not be registered unless it has attached to it a '
statutory declaration as aforesaid.

(b)^Where an instrument affecting lands without local instruments
15 description is, under this sub-section, registered in the separate affecting lands
registry books, it may be further registered and entered there- description!^
in so as to affect other lands by local description, by the regis-
tration of a statutory declaration in the form of schedule R
hereto or to the like effect — to be made by any of the persons
20 in this sub-section mentioned.

(c) Where an instrument has been or is registered in the Registration
General Register, particulars thereof may be registered in the of instruments
separate registry books by the registration of a like statutory regfg^terand
declaration in the form of schedule R or to the like effect. separate regis-

25 (d) Such last-mentioned statutory declaration (form R) shall Registration
be registered in the proper registry books, and particulars of statutory
thereof entered in the abstract index and in all other books in f^tc^iand"
the same manner as upon the registration of an instrument affected.
which affects lands by local description ; the fee for registra-

30 tion thereof shall be the same as the fee for the registration of
a certificate of discharge of mortgage.

(e) Any statutor}' declaration in this sub-section mentioned Who may
may, where one of the parties to an instrument is a corpora- make declara-
tion, be made one of the officers thereof. corporation.

35 ^. Section 51 of The Rerj'istri/ Act is amended by inserting Rev. Stat c.

after the word " secretary " therein the words " manairer or ^'^^' »• ^^'
1.L " amended,

attorney.

Rev. Stab. c. 3. Sub-section 2 of section 62 of the said Act is hereby
sub's. 2 ' amended by inserting between the words " company " and
amended " provided " therein the words " of Canada, the Scottish
Ontario and Manitoba Land Company, the North British
Canadian Investment Company, the North of Scotland Cana- 5
dian Investment Company of the Scottish American Invest-
ment Company."

Rev. Stat. c. 4. Sub-section 4 of section 72 of the said Act is hereby
subs% amended by in.serting therein after the word " service " in the

amended. sixth line thereof the words " or where service of such notice 10
has been or is duly admitted.

Rev. Stat. c. 5. Sub-section 4 of said section 72 is hereby further amended
8ubs%^^' ^y adding thereto the following clause :

amended. ^g^^ Where such notice of sale is lost and cannot be produced,

of safe lo8t'°^ any person who is or who claims to be interested in the regis- 15
and cannot be tration of any conveyance of land under the power of sale in
produced. ^ mortgage may make proof before the judge of any County
Court of the loss of such notice and of its service, and upon a
certificate of such judge to the effect that, from the proof pro-
duced by (naming the person producing the proof and stating 20
the evidence given), he is satisfied of the loss and due service
of the notice upon (naming the person or persons served) —
such certificate to be endorsed on or attached to the convey-
ance and signed by the judge — the registrar shall register the
conveyance and certificate, the execution of the conveyance 25
being proved as required by this Act, and a copy of such
certificate under the hand and seal of the registrar shall, in all
cases, be received as prima facie evidence of the facts therein
stated.

Rev. Stat, 6. Sub-section 5 of section 72 of Tke Registry Act is 30

subs. 5,^' ^^' amended by adding thereto the following words :

" Provided this sub section shall not apply to any
■ conveyance of lands purporting to have been made
before, or in pursuance of any sale effected before the
1st day of January, 1900. 35

amended.

SCHEDULE R.

Statutory Declaration.

I, of the of in the County

of do solemnly declare that

1. I am a party (or as the case may be) to an instrument affecting lands
without local description, registered in the Registry Office for the County
of on the day of , A.D., 19 , at
minutes past o'clock noon, in Liber , as number

2. The said instrument affects the lands within the said County herein-
after described, that is to say (here give a local description of the lands
sufficient for the purposes of registering an instrument in the separate
Registry Books under the Act. )

And 1 make this solemn declaration, etc,

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No. 181.] DTT T [1900.

BILL.

An Act to amend The Registry Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

*®°1. Sub-section 3 of section 29 of The Registry Act (added Rev. Stat,
by section 1 of the Act passed in the 62nd year of Her Majesty's ^^J^^'i' ^^'
reign, chapter ] 6) is amended by inserting the words " and amended,
also certificates of amalgamation of loan corporations " after 62 v. (2) c, 16.
the word "description" and before the word "and" in the ^' ' *™®°°®"-
fourth and fifth lines of the said sub-section 3."^

3. The said sub-section 3 of section 29 is further amended 62 V. (2) c. 16,
by adding thereto the following additional clauses : ®- ■^' amended.

(a) For the removal of doubts, it is hereby declared that the "Instrument'
word " instrument " in this sub-section includes a caution or caution regis-
renewal of caution under "The Devolution oj Estates Act," and tered under
where the same does not contain a local description of the ^127 **'
lands it shall not be registered unless it has attached to it a
statutory declaration as aforesaid.

(b) Where an instrument affecting lands without local instruments
description is, under this sub-section, registered in the separate withouif local*
registry books, it may be further registered and entered there- description,
in so as to affect other lands by local description, by the regis-
tration of a statutory declaration in the form of schedule R

hereto or to the like effect —-to be made by any of the persons
in this sub-section mentioned.

General Register, particulars thereof may be registered in the ?* instruments

separate registry books by the registration of a like statutory register and

declaration in the form of schedule R or to the like effect. separate regis-

try books.

(d) Such last-mentioned statutory declaration (form R) shall Registration
be registered in the proper registry books, and particulars dLSldon^
thereof entered in the abstract index and in all other books in as to lands
the same manner as upon the registration of an instrument **'^®°*®^-
which affects lands by local description ; the fee for registra-
tion thereof shall be the same as the fee for the registration of

a certificate of discharge of mortgage.

(e) Any statutory declaration in this sub-section mentioned Who may
may, where one of the parties to an instrument is a corpora- ^onlcfr^a *'^*'
tion, be made one of the officers thereof, ^or where one of the corporation.

parties entitled to make a declaration hereunder is absent from
the Province, the declaration may be made by his solicitor."^

Rev. Stat. "^-S. The Said section 29 is hereby further amended by adding
62 V^'{2) TiiQ t-^^^^^^o the following sub-section.-sj

8. 1, amended! «a.(4) The word "certificate" and the phrase "certificates of
"Certificate," amalgamation of loan corporations" in sub-sections 3 and 4 of
etc., meaning ^j^|g section shall for the purpose of this Act include a certified
copy of the certificate of assent and declaration referred to in
section 45 of The Loan Corporations Act (whether such certifi-
cate or certified copy has been heretofore issued av shall here-
after be issued) and also a certified copy of any document or
documents in such certificate mentioned, and any certificate to
be issued for registration purposes under any special Act of the
Legislature of Ontario to authorize or ratify any agreement
for the purchase and sale of the assets of, or for the amalgama-
tion of loan corporations.-^^

Certificate of '^■(a) Such certificate may be under the hand of the Registrar
Registrar of ^f Loan Corporations, and every such certificate purportinof to
ations, be under his hand^ together with a certified copy of any docu-

ment or documents, if any, in the said certificate mentioned,
shall be received and registered in the general register by the
registrar of any registry division to whom the same is tendered
for registration, upon payment of a fee of four dollars in full
for such inclusive registration.-^^

Recital of ^^(b) In dealing with the assets of the corporation selling
Lieutenant- ^^ ^^ *^^ corporation or corporations merged or amalgamated
Governor in it shall be sufficient if the corporation which has acquired the
Council to sale assets in any discharge or assignment of mortgage or any

or amalgama- j.t, • ^ x • j. j j i? - i. ^ •/

tion. conveyance or other mstrument intended tor registration, recite

or mention therein the assent of the Lieutenant Governor in
Council to such acquisition, with the date of the said assent,
the date of the registration of the certificate thereof in the
registry division within which the lands affected are situated,
and the registration number; or where the agreement for sale
or amalgamation has been authorized or ratified by special Act
of the Legislature, it shall be sufficient if the corporation which
has acquired such assets in such discharge of mortgage or
other instrument recite or mention the title of the Act and
the chapter and statute year in the which the Act was passed.
Upon registration of the instrument the registrar shall enter
in the abstract index the aforesaid particulars recited or men-
tioned in the instrument.-^

"Reference" «s.(c) The word "reference" in connection with a search under
8ea?ch°ortefer- sub-section 2 of section 118 of The Registry Act shall include a
enceasto Search of or reference to a copy of a certificate of amalgama-
*'^'^aiKamation ^^^^ ^^ ^^^^ Corporations hereafter registered in the general
' register.-®'

Rev Stat c ^- Section 51 of The Registry Act is amended by inserting
136, 8. 51, after the word " secretary " therein the words " manager or
amended. attorney."

5. Sub-section 2 of section 62 of the said Act is hereby Rev. Stat. c.
amended by inserting between the words " company " and l^^, s. 62,

" provided " therein the words " of Canada, the Scottish al^ended.
Ontario and Manitoba Land Company, the North British
Canadian Investment Company, the North of Scotland Cana-
dian Investment Company of the Scottish American Invest-
ment Company."

6. Sub-section 4 of section 72 of the said Act is hereby Rg^ gt^t. c.
amended by inserting therein after the word " service " in the 136, V. 72,"
sixth line thereof the words " or where service of such notice amended
has been or i§ duly admitted.

7. Sub-section 4 of said section 72 is hereby further amended Rev. Stat. c.
by adding thereto the following clause : 136, b. 72,

subs 4

(a) Where such notice of sale is lost and cannot be produced, amended.
any person who is or who claims to be interested in the regis- Where notice
tration of any conveyance of land under the power of sale in and^laiS be
a mortgage may make proof before the judge of any County produced.
Court of the loss of such notice and of its service, and upon a
certificate of such judge to the effect that, from the proof pro-
duced by (naming the person producing the proof and stating
the evidence given), he is satisfied of the loss and due service
of the notice upon (naming the person or persons served) —
such certificate to be endorsed on or attached to the convey-
ance and signed by the judge — the registrar shall register the
conveyance and certificate, the execution of the conveyance
being proved as required by this Act, and a copy of such
certificate under the hand and seal of the registrar shall, in all
cases, be received as prima facie evidence of the facts therein
stated.

8. Sub-section 5 of section 72 of Tke Registry Act is ^^^ ^^^^
amended by adding thereto the following words : c. 136, s. 72,

" Provided this sub-section shall not apply to any amended.
conveyance of lands purporting to have been made
before, or in pursuance of any sale effected before the
1st day of January, 1900.

SCHEDULE R.

Statutory Declaration.

I, of the of in the County

of do solemnly declare that

2. The said instrument affects the lands within the said County herein-
aft,er described, that is to say (here give a local description of the lands
sufficient for the purposes of registering an instrument in the separate
Registry Books under the Act. )

And I make this solemn declaration, etc.

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No. 181.] "DTT T t^^oo-

BILL

An Act to amend The Registry Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Sub-section 3 of section 29 of The Registry Act (added Rev. Stat,
by section 1 of the Act passed in the 62nd year of Her Majesty's ^^^^'^' ^^'
reign, chapter ] 6) is amended by inserting the words " and amended,
also certificates of amalgamation of loan corporations " after 62 V. (2) c, 16.
the word "description" and before the word "and" in the ^' ' *""^° ^ '
fifth line of the said sub-section 3.

2>. The said sub-section 3 of section 29 is further amended 62 V. (2) c. 16,
by adding thereto the following additional clauses : ^- ^' amended.

(a) For the removal of doubts, it is hereby declared that the "Instrument'
word " instrument " in this sub-section includes a caution or caution regia-
renewal of caution under "The Devolution of Estates Act" and tered under
where ^any such caution or renewal"^ does not contain a local ^127, ***'
description of the lands it shall not be registered unless it has
attached to it a statutory declaration as aforesaid.

(b) Where an instrument affecting lands without local Instruments
description is, under this sub-section, registered in the separate ^f^houf local*
registry books, it may be further registered and entered there- description,
in so as to affect other lands by local description, by the regis-
tration of a statutory declaration in the form of schedule R

hereto or to the like effect, to be made by any of the persons
in this sub-section mentioned.

General Register, particulars thereof may be registered in the 9^ instruments

separate registry books by the registration of a like statutory register and

declaration in the form of schedule R or to the like effect. separate regis-

try books.

(d) Such last-mentioned statutory declaration (form R) shall Registration
be registered in the proper registry books, and particulars dLla^ation^
thereof entered in the abstract index and in all other books in as to lands
the same manner as upon the registration of an instrument »ff^°*ed.
which affects lands by local description ; the fee for registra-
tion thereof shall be the same as the fee for the registration of

a certifiicate of discharge of mortgage.

(e) Any statutory declaration in this sub-section mentioned Who may
may, where one of the parties to an instrument is a corpora- ™on fo^^a'*"^*
tion, be made hy one of the officers thereof, or where one of the corporation.

Rev. Stat.
c. 136, s. 29,
amended.

"Certificate,"
etc., meaning
of.

Certificate of
Registrar of
Loan Corpor-
ations.

parties entitled to make a declaration hereunder is absent from
the Province, the declaration may be made by his solicitor.

3. The said section 29 is further amended by adding thereto
the following sub-section.

(4) The word "certificate" and the phrase "certificates of
amalgamation of loan corporations" in sub-sections 3 and 4 of
this section shall for the purpose of this Act include a certified
copy of the certificate of assent and declaration referred to in
section 45 of The Loan Corporations Act (whether such certifi-
cate or certified copy has been heretofore issued (r shall here-
after be issued) and also a certified copy of any document or
documents in such certificate mentioned, and any certificate to
be issued for registration purposes under any special Act of the
Legislature of Ontario to authorize or ratify any agreement
for the purchase and sale of the assets of, or for the amalgama-
tion of loan corporations.

(a) Such certificate may be under the hand of the Registrar
of Loan Corporations, and every such certificate purporting to
be under his hand, together with a certified copy of any docu-
ment or documents, if any, in the said certificate mentioned,
shall be received and registered in the general register by the
registrar of any registry division to whom the same is tendered
for registration, upon payment of a fee of four dollars in full
for such inclusive registration.

(b) In dealing with the assets of the corporation selling
or of the corporation or corporations merged or amalgamated
it shall be sufficient if the corporation which has acquired the
assets in any discharge or assignment of mortgage or any
conveyance or other instrument intended for registration, recipes
or mentions therein the assent of the Lieutenant Governor in
Council to such acquisition, with the date of the said assent,
the date of the registration of the certificate thereof in the
registry division within which the lands affected are situated,
and the registration number; or where the agreement for sale
or amalgamation has been authorized or ratified bj' special Act
of the Legislature, it shall be sufficient if the corporation which
has acquired such assets in such discharge of mortgage or
other instrument recites or mentions the title of the Act and
the chapter and statute year in the which the Act was passed.
Upon registration of the instrument the registrar shall enter
in the abstract index the aforesaid particulars recited or men-
tioned in the instrument.

"Reference" (c) The word "reference" in connection with a search under
searcher refer- sub-section 2 of scction 118 of The Registry Act shall include a
ence as to search of or reference to a copy of a certificate of amalgama-
amalgamation. ^^^^ ^^ ^^^^"^ corporations hereafter registered in the_ general
register.

4. Section 51 of The Registry Act is amended by inserting
after the word " secretary " therein the words " manager or
attorney," .

Recital of
a?sent of
Lieutenant-
Governor in
Council to sale
or amalgama-
tion.

Rev. Stat c.
136, 8. 51,
amended.

5. Sub-section 2 of section 62 of the said Act *®"(added by Rev. otat. c.
section 5 of the Act passed at the 2nd Session held in the 62nd g^^'g ^2 ^?g'2 y
year of Her Majesty's reign, chaptered 16)'®* is amended by (2) c' 16, s. 5) '
inserting between the words "Company" and " provided" a^^ended.,
therein the words "of Canada, the Scottish Ontario and
Manitoba Land Company, the North British Canadian Invest-
ment Company, the North of Scotland Canadian Investment
Company or the Scottish American Investment Company."

6. Sub-section 4 of section 72 of m-The Registry Act (added fg^g^'-g^'y^g'" ''*
by section 6 of the said Act passed in the 62nd year of Her sub's. 4, (62 V.

- - - - - ■ - ■ - - • (2) c. 16, E "'

amended.

Maiesty's reign)"®* is amended by inserting therein after the (2)c. I6,s. 6)

word " service " in the sixth line thereof the words " or where
service of such notice has been or is duly admitted.

7. The said Sub-section 4 of section 72 is further amended 536^'g^7*2" °*
by adding thereto the following clause : sub's. '4, (62 V.

(2) c. 18, s. 6)
amended.

(a) Where such notice of sale is lost or cannot be produced where notice
to be registered, any person who is or who claims to be interested of sa]e lost
in the registration of any conveyance of land under the power produced?
of sale in a mortgage may make proof before the judge of any
County Court of the ^service of the notice and of the loss of
or inability to produce the same"®* and upon production of a
certificate of such judge to the effect that, from the proof pro-
duced by (naming the person producing the proof and stating
the evidence given), he is satisfied of the due service of the
notice upon (naming the person or persons served) ^and that
the same is lost or cannot be produced"^ such certificate to be
endorsed on or attached to the conveyance and signed by the
judge — the registrar shall register the conveyance and certifi-
cate, the execution of the conveyance being proved as required
by this Act, and a copy of such certificate under the hand and
seal of the registrar shall, in all cases, be received as prima facie
evidence of the facts therein stated.^Where a notice of sale
has been registered in a Registry office the same may be re-
gistered in any other office on production of a copy certified in
the manner provided by the said Act with regard to powers of
Attorney and such certified copy shall be attached to the con-
veyance as herein provided with regard to a Judge's certificate."®*

8. Sub-section 5 of fhe said section 72 of The Registry Act Rev. Stat,
^(added by section 6 of the said Act passed in the 62nd year "^bs. '5,%2 V.
of Her Majesty's reign )'^ is amended by adding thereto the (2) c. 16, s. 6)

following words : amended.

" Provided this sub-section shall not apply to any
conveyance of lands purporting to have been made
before, or in pursuance of any sale effected before the
1st day of January, 1900.

SCHEDULE R.

Stattitory Declaration.

I, of the of in the County

of do solemnly declare that

2. The said instrument aflPects the lands within the said County herein-
after described, that is to say (here give a local description of the lands
sufficient for the purposes of registering an instrument in the separate
Registry Books under the Act. )

And I make this solemn declaration, etc.

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No. 182.] T>TT T [1900-

BILL

An Act to amend The Division Courts Act

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Section 152 of The Division Courts Act is amended by Rev. stat.
adding thereto the following subsection. c. 60. s. 152.

* amended.

(3) In counties having more than one County Judge no Application
application for a new trail shall be made to the Judge who ^^' ^^"^ *"■•»!
heard the case at the trial, except in the case of the absence or made°to /udf?e
illness of the other Judge or Judges. irying case.

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No. 183.] T)TT T [19^^-

BILL

An Act to amend The Municipal Act.

HER MAJESTY by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Section 583 of The Municipal Act, is hereby amended by Rev. Stat. ;
5 adding thereto the following: — <= 223, s.. ^83.

° amended.

By councils of Cities and Towns.

For regulating and licensing persons, firms, companies and Licensing
corporations exercising the calling or engaged in the business J^^ '^ft^ *"'^
of selling or otherwise disposing of Trading Stamps or Coupons schemes.
10 or dealing in gift schemes.

For fixing the sums to be paid for licenses required in by- Fees on
laws passed in the proceeding subsection not exceeding how- "*^^"''®^-
ever in cities having a population over 30,000 the sum of
$2,000, in cities having a population of 30,000 or under the sum
15 of $1,000, and in towns having a population of 3,000 or over
the sum of $500.00.

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No.. 184.]

BILL.

[1900.

An Act to amend the Act respecting Building Socie-
ties and Other Loan Corporations.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. This Act may be cited as The Loan Corporations Amend- ^\^q^^ i\^\q
5 ment Act 1900.

2. Every registered loan corporation having a savings Returns by
branch or savings department and taking or receiving moneys l9an corpora-
on deposit shall, within twenty days after the close of each sa*'v'ing8*de°*^
calendar year, transmit or deHver to the Provincial Secretary, partments and

10 to be by him laid before the Legislative Assembly, a return of pog^tg'"^ ^®'
all dividends which have remained unpaid for more than five
years, and also of all amounts or balances in respect to which
no transactions have taken place or upon which no interest
has been paid during the five years prior to the date of such .

15 return ; provided always, that in case of moneys deposited for
a fixed period, the period of five years above referred to shall
be reckoned from the date of the termination of such fixed
period.

3. Such return shall be signed and sworn to by the officers Form of
20 named in, and in the manner required for the annual returns "feturns.

under section 99 of The Loan Corporations Act and shall
set forth the name of each shareholder, creditor or depositor,
his or her last known address, the amount due, the date at
which the last transaction took place, and if such shareholder, Rev,_^Stat.,
25 creditor or depositor is known to the corporation to be dead,
such return shall show the names and addresses of his legal
representatives, so far as known to the corporation.

c. 205.

4. Every such corporation which neglects to transmit or Penalty for
deliver to the Provincial Secretary the return above referred "^K^ect to
30 to within the time hereinbefore limited, shall incur a penalty
of fifty dollars for each and every day during which such neg-
lect continues.

5. If, in the event of the winding up of the business of the Moneys un-
corporation in insolvency, or under any general winding-up windinR up.
35 Act, or otherwise, any moneys payable by the liquidator .Jeither

to shareholders or depositors, remain unclaimed for the period
of three years from the date of suspension of payment by the
corporation, or from the commencement of the winding up of
such business, or until the final winding up of such business,
if such takes place before the expiration of the said three 5
years, such moneys and all interest thereon shall, notwith-
standing any statute of limitations, or other Act relating to
prescription, be paid to the Provincial Treasurer, to be held by
him subject to all rightf ill claims on behalf of any person other
Proviso. than the corporation ; and in case a claim to any moneys so 10 .

paid as aforesaid is thereafter established to the satisfaction of
the Provincial Treasurer, the Lieutenant-Governor in Council
shall, on the report of the Provincial Treasurer direct payment
thereof to be made to the person entitled thereto, together with
interest on the principal sum thereof at the rate of three per 15
cent, per annum, for a period not exceeding six years from the
date of payment thereof to the said Provincial Treasurer as
aforesaid; provided however, that no such interest shall be
paid or payable on such principal sum, unless interest thereon
was payable by the corporation paying the same to the said 20
Provincial Treasurer ; provided also, that on payment to the
Provincial Treasurer, as herein provided, the corporation and
its assets shall be held to be discharged from further liability
for the amounts so paid.

Liability to 6. As a condition of the rights and privileges eonfeired by 25
repay deposits ^^g Loan Corporations Act, or by any Act in amendment
not barred by thereof, the following provision shall have effect, namely : the
Statute of liability of the corporation under any law, custom or agree-
ment to repay moneys deposited with it, and interest, if any,
and to pay dividends declared and payable on its capital stock, 30
shall continue, notwithstanding any statute of limitations or
any enactment or law relating to prescription.

Application of 7. This Act applies to moneys heretofore or hereafter de-
^'^^' posited, and to dividends heretofore or hereafter declared.

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No. 185.] • "DTT T [1900.

BILL.

An Act to amend The Municipal Light and Heat Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Subsection 1 of section 3 of The Municipal Light and j^^ c^^^^ ^
5 Heat Act is amended by inserting therein after the word 234, s. 3, subs,
"otherwise" in the sixth line, the words "and manufacture and ^' anae^ded.
supply for the use of the municipal corporation and of any Powers as to
person or company, electrical power and energy for all pur- ei'e'ctncrty &c
poses for which the same can be used."

10 2. All the provisions of The Municipal Light and Heat Rev. stat. c
Act relating to the supply of gas, electricity or other means of 234, to apply
lighting or heating, shall be deemed to extend and apply to eiectncifwor
the manufacture and supply of electrical power and energy power pur-
for all purposes for which the same can be used. v>oReB.

15 3. Paragraph 2 of section 566 of The Municipal Act is Rev. Stat. c.
amended by inserting therein after the word " heat " in the 223, b. 566,
first line thereof, the words " and for manufacturing, selling *™^° ^ *
and supplying electrical power and energy to any person or
company."

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No. 186.] DTT T [1^^^-

BILL

An Act respecting Provincial Aid towards the Estab-
lishment of Municipal Cold Storage Buildings.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. The council of any municipality may pass by-laws : Municipal by-

5 (1) For acquiring land as a site for buildings for cold storage co^^'^gjoragl
purposes ; • buildings.

(2) For erecting thereon buildings with all necessary and
suitable appliances for cold storage purposes ;

(3) For the management and control and operation of such
10 buildings ;

(4) For prescribing the fees to be paid by persons from time
to time storing goods and produce in such buildings, provided
that such fees shall be subject to any order of the Lieuten-
ant-Governor in Council from time to time passed for the pur-

15 pose of fixing the maximum fees to be charged by municipali-
ties for cold storage.

3. Any two or more municipalities may enter into an agree- Agreements
ment for jointly acquiring land and erecting baildings for cold actiin'bv
storage purposes and for the joint control and management of municipalities
20 the same, and for such purpose may pass all necessary by-laws
and do all necessary acts to carry out such agreement.

3. The Lieutenant-Governor in Council may by Order-in- Grants of
Council direct that out of any moneys that may be voted by fn aidofmum-
the Legislative Assembly for that purpose shall be paid to any cipal cold

25 municipality or municipalities which have heretofore erected ^^o'^sr®-
or may hereafter erect buildings for cold storage purposes as
hereinbefore mentioned a sum not exceeding one-iifth of the
cost of the construction and equipment of such cold storage
buildings, provided that no such grant shall in any case

30 exceed the sum of $500.

4. No grant shall be made under this Act until the Com- Report of
missioner of Public Works of the Province of Ontario has re- of^pSbiTc""^'
ported to the Lieutenant-Governor in Council that he has Works,
caused the said buildings to be examined, and that as to struc-

ture, equipment and all reasonable essentials for cold storage
purposes they will supply effectual cold storage for the pro-
ducts of the dairy, orchard and farm and such other products
as are usually placed in cold storage for preservation.

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No. 186.] "DTT T [1900

BILL.

An Act respecting Provincial Aid towards the Estab
lishment of Municipal Cold Storage Buildings.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. The council of any municipality may pass by-laws : Municipal by-

(1) For acquiring land as a site for buildings for cold storage coM^storagl

purposes ; buildings.

(2) For erecting thereon buildings with all necessary and
suitable appliances for cold storage purposes ;

(3) For the management and control and operation of such
buildings ;

3. Any two or more municipalities may enter into an agree- Agreements
ment for jointly acquiring land and erecting baildings for cold action'b
storage purposes and for the joint control and management of municipalities
the same, and for such purpose may pass all necessary by-laws
and do all necessary acts to carry out such agreement.

3. The Lieutenant-Governor in Council may by Order-in- Grants of
Council direct that out of any moneys that may be voted by P"'^}^'^ moneys
the Legislative Assembly for that purpose shall be paid to any cipalcold
municipality or municipalities which have heretofore erected storage,
or may hereafter erect buildings for cold storage purposes as
hereinbefore mentioned a sum not exceeding one-fifth of the
cost of the construction and equipment of such cold storage
buildings, provided that no such grant shall in any case
exceed the sum of $500 ; *^and provided further that any cold
storage buildings erected under this Act shall be distant not
less than five miles from any other cold storage buildings
erected by private capital or erected under any other Act of
this Legislature."®*

Report of 4. No grant shall be made under this Act until the Com-

of^Pnbni''"^'' missioner of Public Works of the Province of Ontario has re-
Works, ported to the Lieutenant-Governor in Council that he has
caused the said buildings to be examined, and that as to struc-
ture, equipment and all reasonable essentials for cold storage
purposes they will supply effectual cold storage for the pro-
ducts of the dairy, orchard and farm and such other products
as are usually placed in cold storage for preservation.

Buildings ^5. It shall not be necessary for the purposes of this Act
need not be that the site selected for the erection of buildings for cold
cipahties storage shall be within the municipality or municipalities or
granting aid. any of them issuing the debentures for the purchase of the
same."^

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No. 187.] "DTT T [1^^^-

BILL.

An Act to amend the Act to supplement the

Revenues of the Crown in the Province of

Ontario.

HER MAJESTY, by and with the advice and consent of the •
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. Section 6 of chapter 8 of the Acts passed at the Second g| y m c 8
5 Session held in the Sixty-second year of Her Majesty's reign is s. 6, repealed,
hereby repealed.

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No. 188.] "RTT.r. [1900.

BILL.

An Act to amend The Municipal Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. The municipal corporation of every township shall have Apportion-
5 power to apportion by by-law, among the public school sec- jfc^schoo?"'^

tions in the township, the principal or interest of an}'^ invest- moneys
ments held by the corporation for public school purposes *"^°.°& school
according to the salaries paid to the teachers engaged by the townships',
respective school sections during the past year, or according to
10 the average attendance qf pupils at each school section during
the same period or according to the assessed value of the pro-
perty in the section or b}'^ an equal division among the several
sections.

2. Section 29 of the Act to amend The Statute Law passed 62 Vie. (2) c.
15 at the Second Session held in the 62nd year of Her Majesty's H' repealed.

reign is hereby repealed.

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No. 189.] IDTT T [1900.

BILL.

An Act to amend The Surrogate Courts Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. Every trustee heretofore appointed by will, codicil or other Trustees

5 testamentary document shall within six months after the pass- fi°J*account3*°
ing of this Act file in the Surrogate Court where the will,
codicil or other testamentary document appointing him was
or should be proved an account of his dealings with the trust
property, and every trustee hereafter appointed by will, codi-
10 cil or other testamentary document, shall within one year after
he shall have taken upon himself the burden of the trust file
in the office of such Surrogate Court an account of his deal-
ings with the trust property.

2. The said accounts shall be verified by affidavit and shall Verifying
15 contain a true and correct statement of all the trust property ^^°^^^ ^'

including all receipts, disbursements and investments which
the trustee has received paid or made of or concerning the
trust property up to the day preceding the filing of the said
account.

20 3. In every year after the filing of the said account the Annual sup-
trustee shall file in the said Surrogate Court a supplemental pi^roental
account verified by affidavit bringing the said account down to
the day preceding the filing thereof.

4. Any person interested in the estate may examine the said Examination
25 accounts, and may upon notice apply to the Surrogate Court °* ?^*^°"°t.*

•'^p iT ,• ,1^, , , and vouchers.

in a summary manner tor an order directing the trustee to

vouch all the said accounts and if the Court .so orders the

trustee shall vouch the said accounts before the Judge of the

said Court.

30 5. The several Surrogate Courts shall have and exercise the Jurisdiction
same jurisdiction and authority in relation to such trustee as ^ Su^^^**^
they now have in relation to executors and administrators,
and all the provisions of the Surrogate Courts Act shall inso-
far as they are applicable apply to such trustees and the

35 accounts hereinbefore directed to be filed.

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No. 190.] T>TT T [1900

BILL.

An Act to amend the Act for the Protection of
Sheep and to impose a Tax on Dogs.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province ot Ontario, enacts
as follows : —

1. Section 1 of The Act for the Protection of Sheep, and to Rev. Stat.
5 impose a tax on Dogs is amended by striking out the words °- 271, s. i,

" ^1 for a dog, and $2 for a bitch " where they appear in the *™*° ^
fourth line and substituting therefor " $2 for a dog, and $10 increased tax
for a bitch, to be paid to the assessor at time of assessing, and on dogs,
upon receipt of the same, shall furnish a numbered tag for

JO said dog or bitch and a register of the same shall be kept by
said assessor ; and any owner, possessor, or harbourer of such
dog or bitch not wishing to comply with the terms set forth in
this Act, must within ten days furnish such proof, by sworn
statement to the clerk of the municipality, that said dog or

15 bitch has been destroyed. Any owner, possessor or harbourer
of any dog or bitch, failing to report to the assessor, the num-
ber of such animals, when questioned by him, shall be subject
to a fine of $ — or to imprisonment for — days."

2. Section 17 of the said Act is hereby amended by striking Rev, stat.
20 out the words "two-thirds of " where they appear in the ninth c. 271, s. 17,

line thereof, and substituting the words " full value as set forth *™®°^®^'
in the following section."

3. Section 18 of the said Act is hereby amended by striking j^^^ g^.^^
out the words " two-thirds of the amount of the damage sus- c. 271, s. 18.

25 tained by him" where it appears in the twelfth and thirteenth ^'"ended.
lines thereof, and substituting therefor " a maximum of $20
for a duly registered sheep, and $10 for a grade, the value to
be decided by an inspector or inspectors appointed hy the
council of the municipality."

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No. 191.] -DTT T . [1900.

BILL.

An Act to amend The Municipal Drainage Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. The Municipal Drainage Act is hereby amended by add- Rev, Stat,
5 ing to section G4 the following sub-section : — ''• ^^\ ,

(4) Should the initiating municipality abandon the proposed Charging

drainage work under the next preceding subsection the council °°^*^ ^^^ ®.^" ^

„ *=> . ..,., ^i.ii- 1 penses against

01 any opposuig municipality which has incurred any neces- general funds

sarv expenses in connection with the proposed drainage work when scheme
10 or has paid or has become liable for costs in connection with
the appeal which cannot be taxed against the initiating muni-
cipality may pay the same out of the general funds of such
opposing municipality.

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No. 192.] OTT T [1900.

An Act to amend The High Schools Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Section 32 of The High Schools Act is hereby amended Rev. Stat. c.
5 by adding thereto the following sub-section : 293, amended.

6a. Cities and towns separated from the county shall pay Contribution
to the county for High School purposes the same sum as such high school
city or town would pay to the county for such purposes if such purposes from
city or town were not separated from the county and the separate^
10 assessment of such city or town were equalized, and the equali- towns,
zation of the assessment of such city or town and the amount
to be paid for High School purposes shall, unless mutually
agreed upon, be fixed and settled by the County Judge.

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No. 192.] BILL. ^^^^^'

An Act to amend The High Schools Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Subsection 6 of section 82 of The High Schools Act is ^^gg^^^gg
hereby repealed and the following substituted therefor : gg/e, amended

(6) Where in a town separated from the county a High ^"Vf.*'^ Grant
School is situated, and such High School is open to county Schoofs in
pupils on the same terms as High Schools in the municipalities cities and in
not separated from the county, the County Council shall in all at^°fromThe
such cases make to such High School the same grant as if the County,
city or town in which it is situated were not separated from
the county.

2. Section 32 of The High Schools Act is hereby amended ^793^***32
by adding thereto the following subsections : amended. '

Qn. The towns mentioned in the last preceding subsection Contribution
shall pay to the county for High School purposes the same High Schools
sum as such town would pay to the county for such purposes, fromsepar-
if such town were not separated from the county and the ^^^^ *°^°'
assessment of such town were equalized, and the equalization
of the assessment of such town and the amount to be paid for
High School purposes, shall, unless mutually agreed upon, be
fixed and settled by the County Judge.

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No. 193.] BILL ^^^^^*

An Act to amend The Assessment Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly cf the Province of Ontario, enacts
as follows : —

1. Subsection 2 of section 39 of The Assessment Act is amend- Rev. Stat.
5 ed by striking out the words " railway and tramroads " in the sub-s.' \ '
third and fourth lines and inserting in lieu thereof the word amended.
" tramroads."

3. The said Act is further amended by adding thereto the Rev. Stat,
following section as section 39a. amended.

10 39a. All the real and personal property of every railway Assessment of
company whatsoever and wheresoever situate in the Province "^^^^^^y^-
of Ontario, shall be assessed in each municipality in which the
same or any part thereof is situate in the same manner and to
the same extent as the real and personal property of any indi-

15 vidual : Provided that the rolling stock of any railway shall be
assessed in the municipality to which the same is from time to
time taken for the purpose of being cleaned, repaired or put in
order, and every railway company shall upon demand furnish
the assessor of any municipality with a statement showing the

20 amount of the rolling stock of the company usually housed
and stored in the municipality to which the same or any part
thereof is from time to time taken in order to be cleaned or
repaired, and shall furnish the assessor with a statement of
the earning power of the said railway within the municipality.

25 3. In estimating the value of lands occupied by a railway Aaaessment of
for its roadbed regard shall be had to the value of such lands ''*'^'**'*y '"°'^^-
to the company for its right of way through the municipality
in which such lands are sit.uate and such lands shall be assessed
accordingly.

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No. 194.] BILL. ^^^^^'

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Section 436 of The Municipal Act is hereby repealed and Rev. Stat.
5 the following section substituted therefor : — «• 223 s. 436

" ° repealed.

436a. Unless specially authorized so to do, and save as here- Debentures,
inafter provided, no council shall make or give any bond, bill, be'for^less*'
note, debenture or other undertaking for the payment of a less sums than
amount than $100.00 ; and any bond, bill, note, debenture or ^^^•
10 other undertaking issued in contravention of this section shall
be void.

(6) Provided that debentures issued under the authority of provided,
any by-law passed under or pursuant to the provisions of sec-
tion 384 providing for payment of principal and interest to-
15 gether yearly, so computed and apportioned, that the sum of
both principal and interest so payable, shall be an even annual
sum payable thereunder of not less than $100 whether issued
with or without a separate interest coupon attached to such
debenture, shall be valid and the provision of this clause shall
be re-troactive.

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No. 195.] T>TT T [1^^^-

BILL

An Act to amend The Ditches and Watercourses

Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. The Ditches and Watercourses Act is amended by insert- Rev. Stat.,
5 ing the following as section 21a. amended.

21a. In lieu of entering into an agreement with any railway Assessment o
company for the construction or enlargraent of any ditch or railways for

1 , *' , 1 1 1 P 1 .1 ° '111 construction of

culvert on the lands oi such railway company as provided by ditch in cer-
section 21 of this Act, the council of the municipality may tain cases.

10 by resolution direct the engineer to estimate the cost of any
ditch constructed under this Act, the extra cost which will be
incurred in building or continuing the ditch to a sufficient out-
let through the railway companies lands or without passing
through the said lands of the railway that will be caused by

15 the existence of the roadbed of said railway company. The
engineer in computing such cost shall charge against the rail-
way company all extra cost of such drainage which may be neces-
sitated by reason of the said railway company having changed
the natural drainage or obstructed it, by the building of its

20 roadbed and shall cause such work to be done and the cost
thereof to be charged against the railway company, and in
default of payment of such costs the same shall be inserted in
the collector's roll and shall be collected in the same manner
as other taxes, provided that the railway company so assessed

25 shall have the same right to appeal to a county judge as any
owner has under section 22 of the following sections of this Act.

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No. 196.] "DTT T t^^^^

BILL.

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 71a. of The Municipal Act is amended by insert- Rev. Stat c.

5 ing therein the following subsection : — ^m'ndld* '

(4) In any city having a population of more than 15,000, ^^[f^^/J^^^^^
the council may by by-law provide that the aldermen shall be than 15,000
elected by a general vote of the municipal electors, and either ^y J^Ajaf*^'^
bv general vote or in two electoral divisions where the popu- v .te, or where

10 lation exceeds 40,000, one half the nuinber to be elected by "en'ei"S'?2?e''^
each division ; but such by-law shall not come into force unless m two elec-
and until it has been first submitted to a vote of the electors ^oral divisions
according to the provisions of this Act with regard to by-laws
requiring the assent'of the electors. For the purposes of this

15 section the population of any city shall be determined by the
last census of the Dominion of Canada. The persons entitled
to vote upon such by-law shall be those who are entitled to
vote at municipal elections, and if the submission of such by-
law be desired by petition of at least 400 of such electors, it

20 shall be submitted at the then next annual municipal electior.
If such by-law be carried by the votes of a majority of the
municipal electors voting thereon, it shall come into effect at
the next annual municipal election. Such by-law may be re-
pealed by a by-law to be submitted to the electors at the an-

25 nual municipal election held not later than five years after the
passing of such first mentioned by-law, the repealing by-law to
be submitted to the vote of the municipal electors if petitioned
for by at least 400 of such electors.

Subsection 4 of said section 7 la. is amended by being made
30 sub-section 5.

3. Section 95 of the said Act is amended by striking out 223^8%, ^
the words "first Monday in January" and substituting therefor amended.
the words "first day of January." fsSuL"/"

Rev. Stat. c.

3. Subsection 1 of section 118 of the said Act is amended 223, p. 118,
35 by striking out the words " on the last Monday in the month amended,
of December," and substituting therefor the words " one week Nominations
before the first day of January." iZllts^t

uary.

Rev. Stat. c.
223, s. 158,
amended.
Vote where
council elected
by general
vote.

4. Section 158 of the said Act is amended by inserting the
following subsection : —

(1) In towns and cities where the members of the council
are elected by a general vote, every elector shall be limited to
one vote and shall vote at the polling place of the ward or 5
polling subdivision in which he is resident, if qualified to vote
therein ; or when he is a non-resident, or is not entitled to
vote in the ward or subdivision where he resides, then where
he first votes, and there only.

Where council (2) In cities where the aldermen are elected in two electoral 10

elected in two !••• ii ■• ,,... . ^ • ^ i

elctorai divi- clivisions, every elector may vote in each division in which he

sions. has been rated for the necessary property qualification, the

place of recording each of such votes to be regulated in the

manner provided in the next preceeding subsection, so far as

the same is applicable. 15

Rev. Stat. c.
22^, s 484,
amendfd.
Junk shops
buying from
minoi s

5. Section 484 of said Act is amended by inserting the fol-
lowing subsection : —

4 (d) The board of commissioners of police in any city and
the council of any town may prohibit keepers of second-hand
shops, or junk stores or shops, from directly or indirectly pur- 20
chasing from, exchanging with or receiving in pledge from any
minor appearing to be under the age of 18 years, without
written authority from a parent or guardian of such minor,
any metals, goods or articles.

Rev. Stat. r.
223, 8. 530,
amended.
Audit of ac-
counts payable
by cir,y and
county.

Rev. Stat. c.
223, P. 535,
amended.
Polling sub-
divisions in
cities and
towns to
which Rev.
Stat. c. 8, ap-
plies

6. Section 530 of the said Act
thereto the following subsection : —

is amended by adding 25

(3) Where a city forms part of a county for judicial pur-
poses and pays a proportion of the expenses of the admini^tra-
tion of justice, one of the auditors appointed for auditing and
approving accounts and demands preferred against the county, 3Q
a proportion of which is payable by the city, shall be ap-
pointed by the city council, the other auditor being appointed
by the county council.

7. Section 535 of the said Act is amended by
thereto the following as subsection 3 thereof : —

adding

(3) In cities and towns to which The Manhood Suffrage
Registration Act applies, the by-laws for dividing wards into
polling subdivisions and for establishing polling places therein,
shall apply only to elections for municipal purposes, and the
polling subdivisions for provincial elections shall be made and 40
the polling places therein established by the board of regis-
trars appointed under said Act, subject to the same limitations
and conditions as if made by by-law under this Act, and all
voters for elections to the Legislative Assembly must be
registered under the said Act before being entered on the 45
voters' lists.

8. Section 536 of said Act is amended by striking out the Rev. Stai c.
figures " 200 " wherever they occur therein, and substituting amended. '
therefor the figures "300," and by substituting "400" for "300" Number of
in the twelfth subsection, but this amendment shall not apply Hrg'^gubcUv?."^

6 to cities having 100,000 inhabitants or more, sione.

9. Section 565 of the said Act is amended by inserting the Rev. Stat. c.
word " city " before the word " town " in the first line of said ^^^'nj^^^'
section.

10. Section 580 of the said Act is amended by inserting the Rev. Stat. c.

10 following subsection : — amended^'

(14) For requiring that the capacity of all baskets and boxes Marking capa-
in which fruit or vegetables are sold otherwise than by weight, ^^^y «* baskets
whether in the market or elsewhere, shall be marked in a con-
spicuous manner upon such baskets and boxes.

15 11. Section 678 of the said Act is amended by inserting in Rev. Stat. c.
subsection (2a), after the word "town," the words' 'or of the cost ^^' \^l^'
of permanent improvements to streets, such as macadam, as- Cost of per-
phalt, brick or other pavements " ; and by inserting after the ™anent im-
word "sidewalks" in the last line of said subsection the words stTeets?*'^ ^

20 " or permanent improvements."

13. Subsection 1 of section 680 of the said Act is amended Rev. Stat. c.
by inserting after the word "council" in the third line, the 223, 8.680,
words " upon the value of the land only and not of the im- amended,
provements thereon," and by adding at the end of said sub- Exemption of

25 section the words " and the value per foot of frontage of the itsesledTrom^
land to be so exempted from any general rate or assessment general assess-
for the like purpose, shall be estimated for the purposes of such jl^r^urpos™^
exemption and shall be stated in the notice of assessment pro-
vided for in subsection 2 of section 671, and such valuation

30 shall be subject to appeal under subsection 5 of said sub-
section."

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'"'■'''■'^ BILL. ^'"^-

An Act to amend The Assessment Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assemblj'^ of the Province of Ontario, enacts
as follows : —

1. Subsection 24 of section 7 of The Assessment Act is 22i^ s. 7%ub8.

5 repealed. 24, repealed.

2. The said Act is amended by inserting therein the follow- Sf/" ^*^* j° ^

, . _ ^ -^ ^ 224, amended.

ing as section 18a :

18a. Real i)ropertv belonging to or in possession of any per- Assessment of
' V 1 "^ ^ ® 1 i 1- ii lands owned

son or incorporated company and extending over more than by one person

10 one ward in any city or town may be assessed together in any f>r company
one of such wards at the option of the assessor, or the assess- more than one
ment may be apportioned amongst two or more of such wards ward,
in such manner as he may deem convenient, and in either ease
the property shall be valued as a going concern or as forming

15 part of a going concern.

3. Subsection 1 of section 28 of the said Act is amended by |^®^'- Stat. c.
striking out all the words after " actual " and inserting in lieu sub's, l,'
thereof the words " present value." amended.

4. Subsection 2 of section 39 is amended by striking out all 22T sec? 39°
20 the words after '' bank " and inserting in lieu thereof the words subs. 2,

" shall, as hitherto, be exempt from assessment, but the share- ^^^^'^^'i-
holders shall be assessed on their dividends or profits derived
from such bank."

5. The said Act is amended by inserting therein the follow- J^v. Stat. c.
25 ing section immediately after section 192 of the said act: ' *"*° ^ '

192a. No sale of lands for taxes in any city shall be invalid Tax sales not
by reason of there having been goods or chattels within the i^cauae^there
county belonging to or in the possession of the person assessed are goods
for the lands, or goods or chattels upon such lands liable to aTsties's*!
30 seizure for the taxes, and of no levy by distress having been
made upon any such goods or chattels for the payment of taxes
due in respect of such lands.

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No. 198.] BILL ^^^^^'

An Act to amend The Municipal Act,

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Piovince of Ontario, enacts
as follows :

1. Sub-section 4 of section 384 of The Municipal J.d, is R^v. Stat, c
5 hereby amended by inserting the following words : — " Iron or gube'' 4

other smelting works" after the word " railways " in the first amended,
line of the said sub-section.

2. Section 700 of the said Act, chapter 22.3 RS.O., 1897, is iiy-g^ygo/'
hereby amended by striking out the word " city " in the fifth amended.

10 line of the said section, and inserting in lieu thereof the word
" municipality."

3. Every municipal council shall by a two-thirds vote of By-laws
the members thereof have the power of exempting iron or gmdtFng"^
smelting works in whole or in part, from taxation for any work* fiom

16 period not longer than twenty years. taxation.

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[1900.

An Act to incorporate the Town of East Toronto.

10 and also to repeal section 5 of chapter 47 of the Statutes of
Ontario, passed in the fifty first year of Her Majesty's reign,
intituled " An Act respecting the incorporation of the Village
of East Toronto" and to allow the Town of East Toronto to
give to the Heinz Pickle Company a site for the erection

15 of buildings and for other purposes of the said company, on
such terms, and to exempt the same from taxation for such
period, as may be agreed upon between the said company and
the municipal council of the said town ; and whereas it is
expedient to grant the prayer of the said petition ;

20 Therefore, Her Majesty, by and with the advice and consent •
of the Legislative Assembly of the Province of Ontario enacts
as follows: —

1. On and after the passing of this Act the said municipality Town incor-
of the Village of East Toronto shall be and is hereby incorpor- P'^r^'te*^-

25 ated as a town and a corporation or body politic under tlie
name of " The Corporation "of the Town of East Toronto " and
shall enjoy and have all the rights, powers and privileges
enjoyed and exercised by incorporated towns in the Province of
Ontario under the existing municipal laws of the said

30 Province.

2i. The said town of East Toronto shall comprise and con- Limits of
si st of the lands described as follows: — Commencing at the Town,
point in the high water mark of Lake Ontario where it is
intersected by the western limit of the town line between the
35 Townships of York and Scarboro, in the County of York ;
thence northerly and along the said western limit to the point
where it is intei sected by the northern limit of the Kingston
Road ; thence westerly along the said northern limit 942 feet 8

inches, more or less, to the south-east angle of building lot 1,
as shown on registered plan number 667 ; thence northerly
along the easterly limit of said lot 1 and the westerly limits
of lots 4 to 22 inclusive, according to said plan, to a point
where the easterly limit of said lot 22 intersects the southerly 5
limit of lot 26 according to said plan ; thence easterly along
,the southerly limit of said lot 26 and the southerly limits of
lots 27, 28 and "A" according to said plan 667, to the south-
east angle of said lot A ; thence northerly along the easterly
limit of said lot "A" and the easterly limit of Cockburn 10
Avenue as shown on said plan to the southerly limit of Gerrard
Street in the present " Village of East Toronto "; thence east-
erly along said southerly limit 740 feet 8 inches, more or less,
to the westerly limit of the said town line ; thence northerly
along said westerly limit to the southerly limit of the Danforth 15
Road; thence westerly along the said southerly limit to the
point therein where it would be intersected by the production
southerly of the dividing line between lots 1 and 2, in the
2nd concession from the bay, in the said Township of York;
thence northerly along said production and along said dividing 20
line, a total distance of 818 feet 8 inches north of the north-
erly limit of said Danforth Road; thence westerly parallel to
the Danforth Road to the dividing line between lots 4 and 5
in said 2nd concession from the bay; thence southerly along
said last mentioned dividing line 818 feet 8 inches, more or 25
less, to the northerly limit of the Danforth Road; thence
easterly along said last mentioned northerly limit 2 chain,s,
i 9| links, more or less, to the point in said northerly limit
where it would be intersected by the production northerly of
the dividing line as fixed by arbitration between lots 4 and 5 30
in the 1 st concession from the bay of the said Township of
York ; then southerly along said dividing line as fixed by
arbitration to the northerly limit of the City of Toronto being
to a point 200 feet north of Queen Street in said city ; thence
easterly along the said northerly limit of said city to the point 35
where it is intersected by the easterly limit of said city; thence
southerly along said last mentioned easterly limit to the high
water mark of Lake Ontario, thence easterly along and follow-
ing the winding of said high water mark to the place of
beginning.

Wards. 3. The Said town of East Toronto shall be divided into three

wards, to be called respectively the North, Centre and South
wards, which said several wards shall be respectively com-
posed as follows : —

The North Ward shall comprise all that portion of the Town 45
of East Toronto which lies north of Gerrard Street.

The Centre Ward shall consist of that portion of the said town
lying between Gerrard Street aforesaid and the Kingston Road
in the said town.

The South Ward shall comprise all that part of the said town 50
lying south of the said Kingston Road.

4. The council of the said town shall consist of a mayor, Council,
who shall be the head thereof, and three councillors for each
ward thereof ; provided, nevertheless, that the preeent reeve

and council of the said village shall be and continue to be the
5 municipal council of the said town, and shall hold office until
the election of a new council as provided by this Act, and shall
exercise all the rights and powers and perform all the duties
pertaining to the office of mayor and council respectively of a
town, and in the event of the death, resignation or disqualific-
10 ation of any member of said council, a new election shall be held
to fill the vacancy under the provisions of The Municipal Act. c. 22*3.

5. The provisions of The Municipal Act relating to matters General pro-

i: iu £ X* £ • • 1 i- visions of Rev.

consequent on the rormation 01 new municipal corporations stat. c. 223,

and all other provisions of the said Municipal Act shall, to apply.

15 except so far as is herein otherwise provided, apply to the said

Corporation of the Town of East Toronto in the same manner

as if the said village had been erected into a town under the

provisions of The Municipal Act.

6. At any election in the said town held prior to the first Qualification
20 day of February next after the passing of this Act, the quali- grgf election!

fications of electors shall be the same as required in villages.

7. William H. Clay, of the said Village of East Toronto, Returning

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Esquire, who is now the clerk thereof, or in case of his death gr^t^election!
or inability to act, such other person as the council of the said

25 town may by by-law to be passed before the last Monday in
the month pf December next appoint in his stead, is hereby
appointed returning officer for the purpose of holding the
nomination meeting for the first election of mayor, and it shall
be the duty of the returning officer to hold such nomination

30 meeting at the fire hall in the Town of East Toronto as provided
by The Municipal Act.

8. The said returning officer shall have all the powers and Clerk,
perform all the duties of clerk of the said town until the
appointment by the council thereof of some other person in

35 his place and stead.

9. The council of the said town shall have power, by by-law Deputy

to be passed before the last Monday in the month of December officers nomi-
next to appoint a deputy returning officer for each of the nation and
several polling sub-divisions of the said town, each of whom po^^'^s places.

40 shall have all the powers and perform all the duties of the
deputy returning officer at municipal elections for towns, and
also by by-law to be passed within the time aforesaid to name
the places in each of the several wards at which the nomina-
tions of councillors and election of mayor and councillors shall

45 be held in case a poll be required.

10. The clerk of the Township of York shall upon demand Clerk of town-
made upon him by the said returning officer or by the ^^^P*"^"'""**

copy of assess- acting clerk, at once furnish such returning oflScer jdt clerk
ment roll etc. ^jj^j^ g^ certified copy of so much of the last revised assessment
roll of the said Township of York as relates to that part of the
township being added to the said town as may be required to
ascertain the names of the persons entitled to votain each of 5
the said wards at the said first election, and the said returning
officer sh ill furnish each of the said deputy returning officers
with a true copy of so much of the rolls of the Village of East
Toronto and the Township of York as relates to the names of
electors entitled to vote in each of the said wards respectively, 10
and such copy shall be verified on oath.

Expenses of j j[ 'jj^g expenses incurred in obtaining this Act, and of

furnishing any documents, copies or papers, writings, deeds or
any matters whatsoever required by the clerk or other officer
of the said Town of East Toronto or otherwise, shall be borne 15
by the said town and paid by it to the person or persons
entitled thereto.

By-laws etc.,
continued.

Property etc.
of Village
vested in
Town.

Adjustment
of assets etc.;
with Town-
bhips.

Arrears of
taxes.

13. All by-laws and municipal regulations which are in
force in the municipality of the Village of East Toronto at the
passing of this Act shall continue and be in force as if they 20
had been passed by the corporation of the Town of East
Toronto, and shall extend to and have full effect within the
limits of the town hereby incorporated until repealed or
altered by the new corporation.

13. The property, assets, debts, liabilities and obligations 25
of the Village of East Toronto shall belong to and be assumed
and paid by the corporation of the Town of East Toronto.

14. Except as otherwise, provided by this Act, the property,
assets, debts, liabilities and obligations of the Municipality of
the Township of York, shall be apportioned between the said 30
Municipality of York and the said Town of East Toronto as
may be agreed upon ; and in case of no agreement, then by
the award of three arbitrators or a majority of them, one of
such arbitrators being appointed by each of the said munici-
palities, and the third being chosen by the two so selected ; 35
and if from any cause whatever either of the said municipali-
ties shall not have appointed an arbitrator within two months
after the other of them has appointed an arbitrator, then the
Lieutenant-Governor in Council shall appoint an arbitrator on
behalf of the municipality so making default, and the two so 40
appointed shall choose a third, and if they shall not agree
upon such arbitrator, then the Lieutenant-Governor in Council
shall appoint such third arbitrator, and the award of the said
arbitrators or a majority of them shall be as valid and binding

in all respects as if the said arbitrators had been regularly 45
appointed by the said respective municipalities.

15. Arrears of taxes due to the Municipality of York in
respect of lands within the limits of the Town of East Toronto,

as hereby incorporated shall be collected and managed in the
same way as the arrears due to towns, and the mayor or reeve
acting as mayor until a mayor fehall ha^e been elected as here-
inbefore provided, and treasurer of the said town shall perform
5 the like duties in the collection and management of arrears of
taxes as are performed by the said officers in other towns in
Ontario and the various provisions of law relating to the sale
of lands for arrears of taxes, whether same accrued before or
after the incorporation of the Town of East Toronto and to
10 deeds given therefor, shall apply to the said corporation of the
Town of East Toronto and to sales of land therein for arrears
of taxes due thereon and to deeds given therefor.

16. The assessment roll as now being prepared and com- Assessment
pleted by the assessors of the Municipality of the Township of lectiou of"

15 York for the year 1900 shall so far as the same affects lands taxe?.
within the limits of the said town be valid to all intents and
purposes as if the said assessors had been appointed by the
council of the said town of East Toronto and the subsequent
assessment rolls of the said town shall be prepared and com-

20 pleted in the same manner and be subject to revision as
assessment rolls in towns in the Province of Ontario. The
levy of taxes for the year 1900 and the collectors' rolls to be
prepared shall be made by the municipal council of the town
of East Toronto and by the clerk of the said town respectively,

25 and the taxes and other rates shall be collected by the tax-
collector for said town.

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No. 199.] BILL. ^^^^^'

An Act to incorporate the Town of East Toronto.

WHEREAS the Municipal Corporation Village of East Preamble.
Toronto have by their petition represented that it is de-
sired to enlarge and extend the municipality of the said Village of
East Toronto and to constitute said enlarged municipality a
town and a corporation and body politic under the name of
" The Corporation of the Town of East Toronto " and to give
such municipality all the rights, powers and privileges enjoyed
and exercised by incorporated towns in the Province of
Ontario under the municipal laws«a.from time to time in force
in"^ the said Province, and also to repeal section 5 of chapter
47 of the Statutes of Ontario, passed in the fifty- first year of
Her Majesty's reign, intituled " An Act respectinc) the incor-
poration of the Village of East Toronto^' and to allow' the
Town of East Toronto to give to the Heinz Pickle Company
a site for the erection of buildings and for other purposes of
the said company, on such terms, and to exempt the same
from taxation for such period, as may be agreed upon between
the said compan)' and the municipal council of the said town ;
and whereas it is expedient, ^^subject to the conditions herein-
after contained,"®* to grant the prayer of the said petition ;

Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario enacts
as follows: —

»a-l. On and after the passing of this Act the said munici-
pality of the village of East Toronto and that portion of the
township of York known as the village of Little York, being
described as follows : — Commencing at the point where the
northerly limit of the said village intersects the division line
between lots one and two in the first concession of the bay
in the said township, thence northerly along the said division
line and projection thereof across the Danforth road and along
the division line between lots one and two in the second con-
cession from the bay in the said township to the point therein
where it is intersected by the south limit of Prospect avenue,
thence westerly along the said south limit to the easterly
limit of Dawes road, thence southerly along said east limit
to the point therein where the division line between lots 4
and 5 according to register plan number 94 would, if produced
easterly, intersect said east limit of said Dawes road ; thence

westerly along said last mentioned projection and said division
line between lots 4 and 5 according to plan 94 to the division
line between township lots 2 and 3 in the second concession
from the bay in said township ; thence southerly along said
last mentioned division line to where the same is intersected
* by the north limit of lot 3 according to register plan 101 ;

thence westerly along said north limit and its projection
westerly to the division line between township lots 4 and 5
in the second concession from the bay in said township ; thence
southerly along said last mentioned division line to the north
limit of Danforth road; thence easterly along said last mentioned
north limit to the westerly limit of the said village of East
Toronto ; thence northerly along said westerly limit of said
village to the northerly limit thereof ; thence easterly along
said northerly limit to the easterly limit of said village ;
thence southerly ; thence easterly ; thence southerly and again
easterly, following the limit of said village to the point of
commencement. Also that further portion of the said town-
ship of York consisting of all those parts of township lots 3
and 4 in the first concession from the bay lying east of the
division line as fixed by arbitration between lots 4 and 5 in
the said first concession and north of the Grand Trunk Rail-
way shall be and is hereby incorporated as a town and a cor-
poration or body politic under the name of " The Corporation
of the Town of East Toronto," and shall enjoy and have all
the rights, powers and privileges enjoyed and exercised by
incorporated towns in the Province of Ontario under the
municipal laws from time to time in force in the said Province."^

Wards. 2. The Said Town of East Toronto shall be divided into three

wards, to be called respectively the North, Centre and South
wards, which said several wards shall be respectively com-
posed as follows : —

The North Ward shall comprise all that portion of the Town
of East Toronto which lies north of Gerrard Street.

The Centre Ward shall consist of that portion of the said town
lying between Gerrard Street aforesaid and the Kingston Road-
in the said town.

The South Ward shall comprise all that part of the said town
lying south of the said Kingston Road.

General pro- 3. The provisions of The Municipal Act and amendments
Stat*.'c.°2^^^ ihereto relating to matters consequent on the formation of
to apply. new municipal corporations and all other provisions of the
said Municipal Act and am^endments shall, except so far
as is herein otherwise provided, apply to the said Corporation
of the Town of East Toronto in the same manner as if the said
village had been erected into a town under the provisions of
The Municipal Act.

^4:, The preceding provisions of this Act shall not come into
force until after a by-law has been submitted to the rate-

payers qualified to vote on money by-laws in that portion of
the Township of York described in section 1 of this Act, and
within one month after passing of this Act the council of the
Village of East Toronto shall cause the by-law to be prepared
which shall recite the passing of this Act and express the
assent of such ratepayers to the annexation of the said lands
in the Township of York to the said Village of East Toronto
and the council of the Township of York upon being required
to do so by the council of the said Village of East Toronto
shall submit the said by-law to such ratepayers in the manner
prescribed for the submission of money by-laws under The
Municipal Act and if the said by-law shall receive the assent
of two-thirds of the ratepayers voting thereon, then the pre-
ceding sections of this Act shall come into force and take
effect on, from and after the first day of the month next fol-
lowing the month in which the said by-law was voted on by
the ratepayers aforesaid.'®*

5. The expenses incurred in obtaining this Act, and of Expenses of
^submitting the by-law hereinbefore referred to and of '^^f urn- ° ® °*
ishing any documents, copies or papers, writings, deeds or

any matters whatsoever required by the clerk or other ofiicer
of the said Town of East Toronto or otherwise, shall be borne
by the said town and paid by it to the person or persons
entitled thereto.

6. Arrears of taxes due to the Municipality of York in Arrears of
respect of lands within the limits of the Town of East Toronto,

as hereby incorporated shall be collected and managed in the
same way as the arrears due to towns, and the mayor or reeve
acting as mayor until a mayor shall have been elected as here-
inbefore provided, and treasurer of the said town shall perform
the like duties in the collection and management of arrears of
taxes as are performed by the said officers in other towns in
Ontario and the various provisions of law relating to the sale
of lands for arrears of taxes, whether same accrued before or
after the incorporation of the Town of East Toronto and to
deeds given therefor, shall apply to the said corporation of the
Town of East Toronto and to sales of land therein for arrears
of taxes due thereon and to deeds given therefor.

7. The assessment roll as now being prepared and com- Asgessment
pleted by the assessors of the Municipality of the Township of [ection^of °^
York for the year 1900 shall so far as the same aff^ects lands taxes,
within the limits of the said town be valid to all intents and
purposes as if the said assessors had been appointed by the
council of the said town of East Toronto and the subsequent
assessment rolls of the said town shall be prepared and com-
pleted in the same manner and be subject to revision as
assessment rolls in towns in the Province of Ontario. The

levy of taxes for the year 1900 and the collectors' rolls to be
prepared shall be made by the municipal council of the town

of East Toronto and by the clerk of the said town Tespectively,
and the taxes and other rates shall be collected by the tax-
collector for said town.

The municipal council of the Town of East Toronto may
acquire land not exceeding $1,000 in cost and convey the same
to the Heintz Pickle Company as a site for the erection of build-
ings and for other purposes of the said company and may exempt
the same from taxation (except for school purposes) for such
period as may be set forth in a by-law for that purpose, but
the provisions of The Municipal Act and amendments thereto
relating to by laws for granting bonuses to manufacturers
shall apply to the said by-law."^

^^9. Section 5 of Chapter 47 of the Statutes of Ontario passed
in the 51st year of Her Majesty's reign intituled ''An Act
respecting the incorporation of the Village of East Toronto,"
is repealed.

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No. 200.] DTT T [1^^^-

BILL.

An Act to amend The High Schools Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. The High Schools Act is amended by adding thereto the Rev. Stat.
5 following as section 30a : amended.

30a — (1) The board of trustees of any high school or colle- Receiving
giate institute, upon receipt of any money bestowed b\^ legacy, ™°°Jf,? \^^
girt or otherwise, may agree with the person or persons from of scholarship,
whom the same is received for the establishment of a perma-
10 nent scholarsliip, provided such sum of money is suflScient
when invested at a rate not exceeding four per centum per
annum to yield an amount not less than the annual fee charged
to pupils by such high school or collegiate institute.

(2) Such scholarship shall be awarded only to a ratepayer Scholarships
15 or to a child of a ratepayer of the municipality or municipali- *« ^ Ri^en to

ties contributing to the maintenance of such high school or "^^P^y®"^^-
collegiate institute.

(3) The board of trustess of any high school or collegiate investment of
institute shall have the right to invest any money received by scholarship

20 them through legacy, gift or otherwise, and shall for such pur- *"°^'
pose have and exercise the powers conferred upon trustees by
The- Trustee Investment Act.

2. Clause 9 of section 2 of The High Schools Act is amended ^^^ g^^^
by adding thereto the words " and shall also include gratuities c 293, s. 2,

2.5 and retiring allowances granted to teachers." "^^ ^« ,

3. Subsection 4 of section 15 of the said Act is amended by Rev. Stat.
inserting after the words " payment of " in the second line c. 293, s. 15,
thereof the words " gratuities or retiring allowances of teachers aided
and."

30 4. The said Act is further amended by inserting therein the Rev. stat.
following section : — c. 293,

amended.
41a. Where any teacher retires after serving for 20 years or Retj^j,,
longer the board of trustees may grant him an annual allow- lowancf to
ance not exceeding the salary which he was receiving at the *«*cher8.
35 time of retirement, or may in lieu of such allowance make a

grant to such teacher by way of gratuity of such sum as will
represent the present value of an allowance aforesaid for his
life, computed on the basis of interest at the rate of four per
cent, per annum. (See Rev. Stat. c. 15, s. 27 ; c. 223, s. 322 ;
c. 292, 8. 62 (13) and s. 89 ; c. 294, s. 72).

§. 5

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No. 201.] 1517 .T. [1900.

BILL

An Act to amend The Public Schools Act.

HER MAJESTY, by and with the advice and consent of +he
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Ihe Public Schools Act, chapter 292 of the Revised Rev. Stat.

5 Statutes of Ontario, 1897, is amended by adding thereto the °- ^^\ ,
,. „ . , . ' -^ ^ amended,

following sections : —

65a. Every urban school board shall have power to expend Grants to
such sums as they may deem expedient, not exceeding $ athletic^

in any one year, in promoting and ercouraging gymnastics and
10 other athletic exercises.

2. The said Act is amended by adding thereto the following j^gy gt^t

section : — ' c. 292,

amended.
89a. Where any teacher retires after serving for 15 years or Retiring
longer the board' of trustees may grant him an annual allow- allowances to

• tl6£liCil6I'S

15 ance not exceeding the salary which lie was receiving at the
time of retirement, or may in lieu of such allowance make a
grant to such teacher by way of gratuity of such sum as will
represent the present value of an allowance aforesaid for his
life computed on the basis of interest at the rate of four per

20 cent per annum,

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No. 201.] "RTT.T. [1900-

BILL

An Act to improve The Public Schools Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Ihe Public Schools Act, is amended by adding thereto Rev. Stat.

the following sections : — *'• ^\ ,

® amended.

65a. Every urban school board shall have power to expend (jr^nta to
such sums as they may deem expedient, not exceeding ^WO promote
in any one year, in promoting and eccouraging gymnastics and athletics,
other athletic exercises.

3. The said Act is amended by adding thereto the following Rev. Stat.

section :— amended.

89a. Where any teacher retires after serving for 20 years or Retiring
longer the board of trustees may grant him an annual allow- teMhers!^'' '°
ance not exceeding the salary which he was receiving at the
time of retirement, or may in lieu of such allowance make a
grant to such teacher by way of gratuity of such sum as will
represent the present value of an allowance aforesaid for his
life computed on the basis of interest at the rate of J four per
cent per annum.

'^'3. Subsection 2 of section 88 of the said Act is amended by
striking out the words " thirty-five " where they appear in
the fifth line thereof and substituting therefor the word
" thirty.'"®*

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No. 202.] T^TT T [1^^^-

BILL.

An Act amending The Trustees Investment Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Subsection 1 of section 2 of The Trustees Investment Act Re^- Stat. c.
5 is hereby amended by inserting after the words " or of this i^ amended.^
Province " in the fifth line thereof the words ' or in the deben-
ures of any municipality in this Province."

3. No executor, administrator or trustee shall be liable for Liability in
breach of trust by reason only of his continuing to hold an of character of
10 investment which has ceased to be an investment authorized investment,
by the instrument of trust or by the general law ; and this
provision shall apply to cases arising either before or after the •
passing of this Act. See Imp. Act 57 V. c. 10, s. 4.

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No. 202.] "RTT T ^^^^^'

An Act amending The Trustee Investment Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Subsection 1 of section 2 of The Trustee Investment Act Re^- Stat. c.
is hereby amended by inserting after the words " or of this i^ amended.
Province " in the fifth line thereof the words ^or of any of the
other Provinces of Canada or in debentures or securities the
payment of which is guaranteed by the Government of the
Dominion of Canada or of this Province or of any of the other
Provinces of Canada"^ or in the debentures of any munici-
pality in this Province."

3. No executor, administrator or trustee shall be liable for Liability in
breach of trust by reason only of his continuing to hold an c^se of change
investment which has ceased to be an investment authorized investment,
by the instrument of trust or by the general law ; and this
provision shall apply to cases arising either before or after the
passing of this Act. See Imp. Act 57 V. c. 10, s. 4.

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No. 203.] T>TT T t^^^^-

BILL.

An Act Respecting Industrial Schools.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. (1) Every cliild heretofore committed to an Industrial Children.
5 School under any Act of the Legislature of Ontario, who has *^*®'^ ^^^^

been or who will have been within six months after the pass- placed out.
ing of this Act, an inmate of such industrial School for a period
of three years, shall at the expiration of the said period of six
months be given over to the custody of his or her parents or
10 shall be apprenticed or be placed out in a foster home as the
Industrial School Board may deem advisable.

(2) Every child committed to an Industrial School under
any Act of this Legislature who is at present an inmate of such
School and who will not have completed the period of three

15 years from the date of his or her commitment before the expir-
ation of the said period of six months, and every child here-
after committed to an Industrial School, shall at the expiration
of three years from the date of his or her commitment be given
over to the custody of his or her parents or be apprenticed or

20 be placed out in a foster home as the Board or other body
having the management of such Industrial School may deem
advisable.

2. Every child who has heretofore been or who shall here- Board to
after be committed to an Industrial School under any Act of [anshi^untn

25 this Legislature shall remain under the guardianship of thechUdiais
Board or other body having the management of such school ^^^'^ °^^'
and such Board or other body shall possess and exercise all the
rights and powers of the parents in regard to such child until
such child shall attain the age of 18 years.

30 3. After a child has been given over to the custody of his Rights of
or her parents or has been apprenticed or placed out in a ^^^^ °'l
foster home as provided by this Act the Board or other body child to school,
having the management of the Industrial School may if it
deem it necessary in the interest of such child, cause the child

35 to be returned to such School and thereafter such Board or
other body shall have the right to collect the amount for main-
tenance directed to be paid when such child was committed :
provided that before being entitled to recover the costs of such

maintenance the Board or other body shall obtain the certifi-
cate of the Inspector that it is necessary in the interests of the
child that he or she shall be again received and cared for in
the said School.

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No. 204.] 'RTT T [i9<^0-

BILL.

An Act to amend The Division Courts Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Subsection 1 of section 90 of The Division Courts Act is Rev. Stat. c.
5 amended by inserting after the word " payable " in the first i\^en'd^d^^*
line thereof the words "is or."

3. Section 175 of The Division Courts Act is amended by Rev. Stat,
adding thereto the following subsection : ainended.'^^'

(6) In any case to be tried by jury, the judge may upon the Application
10 application of the party not requiring the jury, and upon being yenue^in cases
satisfied that a fair trial cannot be had in the court in which to be tried by
said case is pending, make an Qrder changing the place of trial '^^^'
to another division in the same or an adjoining county and
thereupon the procedure shall be the same as provided for by
15 subsections 6, 7 and 8 of section 90 of this Act. Due notice of
such application shall be given by the party applying, to the
opposite party.

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No. 205.] RTT T '^^^^^•

An Act to amend The Jurors Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

Section 97 of The Juroj's Act is amended by inserting at the Rev. Stat,
commencement thereof the words " In the provisional judicial ^- ^^' f* .^^
districts " ; and by adding thereto the following subsection : —

(2) In counties the proper officer shall summon every man Summoning

jurors in
counties.

bound to serve on grand juries or on petit juries, not being i^^^^^ >"

special juries, in any of the courts aforesaid twelve days at
1 0 least before the day on which the juror is to attend by mailing
to him by registered letter a note in writing under the hand of
the sheriff or other proper officer containing the substance of
such summons but^when the sherift is directed to draft and
summon additional jurors under the provisions of this Act such
15 twelve days notice shall not be necessary.

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No. 206.] DTT T fi^oo

BILL.

An Act to re-unite the North and South hidings of
the County of Perth for the purpose of Kegistra-
tion of Titles.

WHEREAS the Warden and Municipal Council of tlie Preamble.
County of Perth have by their petition represented
that the division of the County of Perth into Nortli and South
Ridings thereof for the purposes of registration of titles is
5 inconvenient to the people of the iNorth and South Ridings of
the said county and is unnecessary, and have prayed that the
North and South Ridings of the county of Perth should be re-
united for the purpose of registration of titles, and it is expe-
dient to grant the prayer of the said petition :

10 Therefore Iler Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Upon, from and after the date upon which the present Divisions to
Registrar of the South Riding of the County of Perth ceases to '^^^ ^J^ ^®**^

15 hold the said office of Registrar by reason of death, resignation Soutlfpe^rth."
or otherwise, the North and South Ridings of the said County
of Perth shall be re-united for the purpose of registration of
titles, and the whole County of Perth shall upon, from and
after the death or resignation of the present Registrar of the

20 South Riding of the County of Perth, or upon his ceasing to
hold the said office, form one such registration division or
county. The Registry Office for the said County of Perth shall
be kept in the City of Stratford in the said county and the County office
then Registrar for the North Riding of the County of Perth Stratford.

25 shall be the Registrar for the whole County of Perth from and „ .

after the said Registrar for the South Riding of the County of county^"^ °^
Perth ceasing to hold such office of Registrar of the Soutli Rid-
ing of the County of Perth.

2. Upon, from and after the Registrar for the South Riding Transfer of
30 of the County of Perth ceasing to hold such office by reason of books, etc,

death, resignation or otherwise, all memorials, certificates, MaTy^'office
register books, calendars, instrunjents, documents and papers to Stratford,
relating to the registration, or other instruments or documents
or papers relating to the registration of, or other instruments
35 or documents affecting real estate in the South Riding of the
County of Perth and registered in the Registry Office at the

Town of St. Mary's, or in any way forming part of the records
and memorials of the said Registry Office shall be transferred
to the Registry Office for the County of Perth to be kept at
the City of Stratford, and shall make and form part of the
registers, records and muniments of the said office, and the 5
same shall rank in the order and date of their registry in the
said South Riding as if they had in such order and date been
registered in the Registry Office for the said County of Perth.
And the said Registrar of the said county shall have the same
powers and duties with respect to them and to all searches, 10
certiticates and other matters relating to them as if the regis-
tration of the deeds, instruments and documents to which they
relate had been effected in the said Registry Office in the City
of Stratford.

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No. 207.] T>TT T fi^^^-

BILL.

An Act respecting the payment of Wolf Bounty.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Sections 1, 2, 4, 7 and 8 of The Act to encourage the Rev. stat. c.
5 destroying of Wolves are amended by striking out the figures 290, ss. i, 2, 4,
" $10 " wherein the same occur therein respectively, and sub- ''' ^' *™^°^*'"-
stituting the figures " $15 " in lieu thereof ; and section 4 of
the said Act is amended by striking out the figures " $4 " where
they occur in the sixth line of the said section and substitut-
10 ing the figures " $6 " in lieu thereof.

3, Section 7 of The Act to encourage the destroying of Rev, Stat. c.
Wolves is amended by adding thereto the following sub- ^^^ \'^i,

•^ o o amended,

section : —

(2) In case the locality in which the killing of the wolf when proof
15 takes place is at so great a distance from all the oflacers men- may be made
tioned in sub-section 1 of this section, that the person killing jus^tke^of the
the same cannot conveniently attend before any of the said Peace,
officers, the production of the head of the wolf may take place
and proof of the killing be made before a Justice of the Peace,
20 and if the Provincial Treasurer is satisfied as to the suflficiency
of the cause for the appearing before such Justice of the
Peace instead of before one of the said officers, such produc-
tion and proof shall be deemed sufficient compliance with this
section, so as to entitle the person killing the same to receive
25 the said bounty.

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No. 208.] 1317 T [1900.

BILL

An Act respecting Police Villages.

HER MAJESTY, by and with the iadvice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Section 714 oi The Municipal Act is repealed and the Rev. Stat.

5 following substituted therefor :— r^pSed.^^*

714. — (1) The council of any county or the councils of any Setting apart
counties in which an unincorporated village is situate shall police village,
set ap"art such unincorporated village as a police village upon
a petition being presented describing the area to be included
10 in such village and signed l3y a majority of the ratepayers
resident therein.

(2) Where such unincorporated village lies wholly within
one county the council shall in such by-law fix a time and
place for, and shall name a returning officer for conducting

15 the first election of police trustees as hereinafter mentioned.

(3) Where the territory described in the petition lies within
two or more counties the bj^-Jaw shall be passed by the coun-
cils of each of the counties but the council of the county in
which the largest number of the ratepayers resident in such

20 territory reside shall so name the returning officer and fix the
time and place for holding the first election for police trustees.

2. Section 720 of The Municipal Act is repealed. f ^is^t^ m

3, Section 49 of Tfte Municipal Amendment Act, 1899, is 62 v. (2) c. 26
repealed and the following substituted therefor : — s. 49 repealed.

25 " The police trustees of any police village may pass by-laws
applicable only in the police village for any of the purposes
mentioned in sections 546 and 549 and in paragraphs 4, 5, 8, 9,
28 and 29 of section 583 of The Municipal Act and thereafter
no general by-law of the township or either of the townships

30 in which a police village is situate for any of such purposes
shall apply in such police village.

4. The police trustees of any police village may pass by- Powers of
laws for any of the purposes mentioned in paragraph I of sec- P^^'i"® trustees
tion 542 and paragraphs 1 and 2 of section 559 of The Muni-

35 cipal Act.

Appljaation
of Rev. Stat,
c. 271.

Application
of Kev. Stat.
c. 259. s. 21.

By-laws.

Fire
protection.

Application
of funds.

5. (1) The tax provided for by section 1 of The Act for the
protection of Sheep and to impose a Tax on Dogs shall be
collected in every police village unless the police trustees of
such police village upon a petition of 25 ratepayers resident
in such police village require the council of the township or 5
each of such townships in which the police village is situate
not to levy such tax.

(2) The taxes so collected shall be set apart by the
treasurer of the township or by the treasurer of each 10
of such townships as the case may be and shall form a
fund out of which as provided by the said A.ct compensation
shall be made for damages arising from dogs killing or injur-
ing sheep or lambs in a police village and the residue, if any,
after satisfying the claims arising in the year in which the 15
tax is collected shall be applied upon the requisition of the
police trustees to any of the purposes mentioned in section
745 of The Municipal Act.

6. The police trustees of any police village may pass by-
laws for the purposes set out in section 21 of The Children's 20
Protection Act oj Ontario.

7. By-laws passed by the police trustees of any police vil-
lage shall be duly authenticated by the signatures of two of
the trustees and a copy of any such by-law certified by one of
the police trustees to be a true copy shall be of the same force 25
and shall have the same effect as a copy of any municipal by-
law duly certified by the clerk of the municipality in the
manner provided by section 334 of The Municipal Act.

8. Where the territory comprised in a police village lies in
two or more townships, by-laws for the purposes mentioned 30
in section 744 of The Municipal Act shall be prepared by the
police trustees and shall be submitted to a vote of the rate-
payers by the police trustees in the same manner as nearly as
may be as in the case of by-laws submitted by a municipal
council. The by-law shall name some person to act as return- 35
ing officer upon the taking of the vote of the ratepayers. Upon
such by-law receivinor the assent of the ratepayers and being
passed by the police trustees, the trustees shall serve a certi-
fied copy of such by-laws upon the' clerk of each of the town-
ships in which the territory comprised in the police village is 40
situate ; and the council of each of such townships shall levy
and collect the rates required by said by-law within the terri-
tory under the jurisdiction of such council.

9. All sums collected for license fees or for penalties under
any by-law passed by the police trustees of any police village 45
shall be paid over to the treasurer of the township in which
the larger number of ratepayers in the police village reside
and by him placed to the credit of the police village and ap-
plied to the purposes therein.

10. Section 723 of The Consolidated Municipal Act 18^^^3^***723
amended by adding thereto the following : amended.

(3) Th-e police trustees may, by by-law, provide that the Hour of
nomination for police trustees may be held at half past seven of°^olice'°°
o'clock in the evening instead of the hour in the said section trustees.
mentioned.

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No. 209.] T)TT T [19^^-

BILL

An Act respecting the debt of the Township of
Dunwich.

WHEREAS, in or about the year 1876 the Province of Preamble. '
Ontario pursuant to The Ontario Drainage Acts of 1869
and 1873 constructed a certain ditch or drain commonly known
as number one north government drain on the townline be-
5 tween the townships of Dunwich and Aldborough, and for the
construction of said drain were assessed certain lands in the
township of Dunwich ; and whereas although the township of
Dunwich for many years collected from said lands the assess-
ment charged thereon yet the same was never paid over to the

10 said Province of Ontario, but was used for the general pur-
poses of the said township of Dunwich ; and whereas the said
township of Dunwich always contended that the drain had
been improperly constructed and was inadequeate for which it
was designed ; and whereas the amount claimed by the Pro-

15 vince of Ontario as against said township" amounted on the 24th
February 1899 to $2480.00 for principal and $2356.00 for
simple interest at five per cent or a total of $4836.00 ; and
whereas pursuant to agreement between the Province of Ontario
and the said township of Dunwich the matters in dispute were

20 referred to Alexander Baird, Esquire civil engineer ; and whereas
upon the report of the said engineer being made it was by
Order-in Council approved on the 24th day of February 1899
that the Province of Ontario should accept from the said town-
ship of Dunwich in full of their indebtedness the sum of $2500.

25 00 in debentures of the said township of Dunwich.

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario enacts
as follows : —

1. It shall be lawful for the Lieutenant-Governor-in-Coun- Acceptance
30 cil to accept for the said indebtedness the debentures of the of debenturet
said corporation of the township of Dunwich for the sum of by ^-^exn^
$2500. and interest payable at such time or times not exceeding ment.
five years as the Lieutenant-Go vernor-in- Council may approve,
such debentures to bear interest at four per cent, payable
35 yearly, and on such debentures being delivered to the treasurer
of the province it shall be lawful for the Lieutenant-Governor
to release all claims upon the said township in respect of said
dram.

Debentures
for $2500
authorized.

Payment

of debentures

and interest.

Special rate.

2. It shall and may be lawful for the corporation of the said
township to pass a by-law or by-laws providing for the issue
of debentures of the said township for the said sum of $2500.

^ and interest, and it shall not be necessary to obtain the assent
of the electors of said township to such a by-law or by-laws 5
before the final passing thereof.

3. Debentures to be issued under the preceding section shall
be made payable at such time or times not exceeding five years
from the date thereof as the said corporation may direct, and
shall be for sums not less than $100. each as the said corpora- 10
tion may by such by-law or by-laws direct, and the said deben-
tures shall bear interest at the rate of four per cent, payable
yearly.

4. The by-law or by-laws authorizing the issue of such de-
bentures shall impose a special rate per annum (over and above 15
all other rates to be levied each year) sufficient to pay said de-
bentures and interest.

Informalities
not to in-
validate.

5. Any irregularity in form or substance either of the de-
bentures or of the by-law or by-laws authorizing the issue
thereof shall render the same invalid or illegal or be allowed 20
as a defence to any action brought against said corporation
for the recovery of the amount of said debentures or interest
or any or either of them or any part thereof.

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No. 210.] oyx J , [1900

An Act to amend The Municipal Drainage Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 76 of The Municipal Drainage Act is amended jj^^ g^^j
by inserting after the word " municipalities " in the third c. 226, s. 76,
line thereof the words " or when constructed by statute labor *™^°<^«^-
or partly by statute labor and partly by general funds."

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No. 211.] gJLL. [!««»■

An Act to amend the Act respecting Criminal Justice
Accounts Payable by the Province.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. The Act respecting Criminal Justice Accounts payable -0 g^ ^
by the Province is amended by adding thereto the section : c. 163,

9a. Where the accounts of constables preferred against the Accounts for
county for services performed in any local municipality in con- arrest, etc,
nection with the arrest and detention of vagrants are deemed °^ ^^^rants.
unreasonable or where the arrests appear to have been unneces-
sary or appear to have been made for the purpose of making
10 fees the board of audit may refuse to certify the accounts for
such fees in whole or in part or may certify the facts and their
opinion thereon to the county council which may by resolution
refuse payment of such accounts in whole or in part.

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No. 212.]

BILL.

[1900.

An Act to enable the City of Stratford to guarantee
for $30,000 to be borrowed by George McLagan.

HER MAJESTY, by and with the advice and consent of the •
Legislative Assembly of the Province of Ontario, enacts
as follows : —

Whereas the municipal council of the city of Stratford have preambl*.
5 by their petition represented that George McLagan lately
carried on business as a furniture manufacturer in the city of
Stratford and employed in about his factory about eighty men
and on the first day of March, 1900, the said factory was
destroyed by fire and many of the men were thrown out of

IQ employment. And whereas the said municipal council have
agreed, subject to the approval of the ratepayers entitled to
vote on money by laws and to the authorization or ratification
of this Assembly, to aid in the rebuilding of the said factory
by guaranteeing a mortgage for $80,001) to be given by the

15 said George McLagan or a corporate company to be formed
by him, to carry on the said business and lor that purpose the
agreement set foith in Schedule " B " hereto has been drawn
up and approved by the said municipal council and the said
George McLagan setting forth the terms of the proposed

20 arrangement. And whereas the said municipal by their said
petition desire authority to pass such a by-law as will enable
them to make such an arrangement and to have their action
in the premises confirmed, and the said George McLagan has
by his petition also prayed that such authority may be granted

gp, and such action confirmed, and whereas it is expedient to
grant the prayer of the said petition.

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

30 1. It shall be lawful for the municipal council of the said Authority to
city of Stratford, with the approval of the majority of the p**'* '^y-''*^.
ratepayers entitled to vote on money by-laws as provided by
The Municipal Act, to pass a by-law in the form and substance
set forth in Schedule " A " hereto.

35 2. Upon the passing of such by-law with the appi'oval of Authority
the ratepayers as aforesaid it shall be lawful for the municipal a-r^^mea"*^^

corporation of the city of Stratford to enter into an agreement
with George McLagan, of the said city of Stratford, or such
such corporate company as may be promoted by him in the
terms set forth in Schedule " B- " hereto, and such agreement
upon the execution thereof shall be valid and binding upon 5
the parties thereto.

Authority to 3 j^ shall be lawful for the said municipal corporation of
payment. the city of Stratford upon the execution of the said agreement,
and in pursuance thereof to guarantee the payment of the sum
of $30,000 to be borrowed by the said (Jeorge McLagan or a 10
corporate company to be formed by him in the manner set
• forth in the said agreement and to take security from the said
George McLagan or the said corporate company in respect
thereof and to do any and all acts and things necessary to
carry out and give fuil effect to the said agreement according 15
to the true spirit, inte nt and meaning thereof.

Power to 4. It shall be lawful for the said municipal corporation and

oi^i^eement! ^^^^ George McLagan or corporate company to modify said
proposed agreement by any provision that will lesson or
reduce the concessions proposed to be made by the said cor- 20
poration to the said George McLagan or corporate company
not lessening or reducing, however, the securities and guaran-
tees in favor of the city.

SCHEDULE A.

By-law No. 852 of the City of Stratford, to authorize the said city to
guarantee the payment of $30,000 to be borrowed by George
McLagan or a Company to be incorporated under the name of The
George McLagan Furniture Co., Limited, Stratford.

Whereas the said George McLagan heretofore carried on business in
the city of Stratford as a manufacturer of furniture and his factory was
recently destroyed by fire, and he has determined upon the condition of
this by-law being passed to rebuild in the said city of Stratford a new
factory to cost not less than the sum of thirty-five thousand dollars.

And whereas it has been agreed in the event of his doing so, or his
being able to form a joint stock company with capital stock of not less
than ninety thousand dollars and inducing the said company to do so, that
the said city shall and will guarantee the payment of a loan of thirty
thousand dollars, to be obtained by the said company upon the security
of the said factory and machinery and plant therein used therewith, to
be repaid in sums of fifteen hundred dollars a year with interest as may
be agreed upon between the said George McLagan or the said company
and the lender of the money.

And whereas it is the intention, in the event of this by-law being
adopted by a majority consisting of two-thirds of the ratepayers of the
said city entitled to vote upon a money by-law, to apply to the Legisla-
ture of Ontario for an Act confirming the said by-law, and authorizine;
the said guarantee and the said agreement.

And whereas the amount of the whole rateable property of the said
municipality according to the last revised assessment roll, being for the
year 1900, is the sum of $4,039,176.

And whereas the amount of the existing debt of the said municipality is
the sum of $692 275, of which the sum of $407,000 is principal and the
sum of $285,275 is interest ; and of the said principal and interest noth-
ing is in arrear.

Be it therefore enacted by the corporation of the city of Stratford as
follows :

1. That it shall and may be lawful for the mayor and clerk of the said
city and the council of the said city to enter into an agreement with the ,
said George McLagan or with the company being promoted by him and
to be incorporated under the Ontario Companies Act or The Companies
Act, or botji, for the purpose of carrying on the business of furniture
manufacturing, to guarantee the repayment by the said George McLagan
or by the said corporate company of the sum of thirty thousand dollars to
borrowed by him or them on a mortgage to be given upon the land upon
which the said buildings are to be erected and the other lands connected
and used therewith, together with the plant and machinery in the said
buildings, and the said buildings to be hereafter erected for the purpose
of carrying on the said business in the said city of Stratford, and also
upon all other connections in the way of tracks or constructions, upon
such terms that the said mortgage shall extend over and for twenty years
and be reduced by payments of fifteen hundred dollars with interest in
each year during the said twenty years.

2. That it shall and may be lawful for the mayor and council of the
said city to make such conditions and stipulations in connection with the
carrying on of the said business before executing any such guarantee as
to the said mayor and council for the time being seem fit in connection
with the establishment and carrying on of the said works and the repay-
ment of the said loan.

B. That in any event the said power shall not be exercised upon any
agreement having any stipulation providing for the employment of less
than at least ninety men for the first year, one hundred and twenty for
the second year and one hundred and fifty for the following eighteen
years continuously during each year, save one half month of each year,
and saving also "the right to arrange for default in the employment of the
full complement of men being maJe good by its equivalent in the employ-
ment of an increased number to such an extent during each three years to
make up for any such default.

4. That in any event the said power shall not be exercised until the
said George McLagan or the corporate company aforesaid shall have
erected within the year 1900 in the city of Stratford upon the lands selected
by him or them as a site for the said factory the following buildings or
their equivalent in size, that is to say :

(!) A main building two hundred and forty feet by fifty feet, four
stories high, and also a basement story the whole size, the basement to
be of substantial stone foundation and the four stories above that to be
of brick, the first story to be two brick thick and the three stories above
that a brick and a half thick.

(•2) An engine room of at least thirty-five feet by thirty feet, and one
story high, of substantial brick, w»l] built upon substantial stone founda-
tion.

(3) A drying kiln eighteen feet by one hundred feet, one story high,
built of brick with stone foundation, said buildings with machinery there-
in costing not less than $35,000. or in the event of costing less the guar-
antee to abate in proportion and upon the said lands and buildings and
machinery therein the said mortgage shall be a first lien and charge.

5. That in the event of the said George McLagan or the said corporate
company entering into such an agreement satisfactory to the council of
the said city on the lines above indicated, the land whereon the said fac-
tory shall be erected and which shall be mortgaged as aforesaid, shall be
exempt from taxation for the period of twenty years from the first day of
January next preceding the giving of the said guarantee should the said
guarantee be given in the first half of the year, and in the event of its
being given in the last half of the year then from the first day of January
next 8ucceeding]_the giving thereof ; provided always that if the land

acquired for the purpose of erecting the said buildings thereon exceed
two thousand dollars of assessable or assessed value then such excess shall
not be exempt.

6. This by-law shall take effect and come into force on the Seventeenth
day of April, 1900.

7. On the sixth day of April, 1900, at the hour of ten o'clock in the
forenoon at the Mayor's office, stratford, the appointment of persons to
attend to the polling places and at the final summing up of the votes by
the Clerk respectively on behalf of the persons interested in and promot-
ing or opposii g the passage of this by-law will be made.

8. The Clerk of the said municipality shall sum up the number of votes
given for or against this by-law on Thursday, the twelfth day of April,
A.D. 1900, at the Cleik's office, Stratford.

9. The votes of the ratepayers entitled to vote on this by-law shall be
taken thereon at the places hereinafter mentioned, and the said votes shall
be so taken on the tehth day of April, A D. 1900, the polls to be open at
the hour of nine o'clock in the forenoon and be closed at the hour of five
o'clock in the afternoon, and the persons also hereinafter named shall be
the returning officers to take votes at the said polls.

lor the first sub-divi^ion of Avon Ward, at Wilkinson's Soda Water
Works, Huron street, Arthur Bushfield, returning officer.

For the second sub-division of Avon Ward, at the Avon Ward Public
School House, Caledonia street, W. S, Cowan, returning officer,

For the first sub-division of Falstaff Ward, at Lamb & Bates' Pump
Shop, Ontario street, P. R. Jarvis, returning officer.

For the second suo-division of Falstafl Ward, at 1^'aistaff Ward Public
School, William street, Wilter Miller, returning officer.

lor the first sub-division of Hamlet Ward, at Central School House,
St. Andrew's street, D. R. McPherson, returning officer.

For the second sub-division of Hamlet Wart at Hamlet Ward Public
School House, Galb street, Walter McMillan, returning officer.

For the sub-division of Romeo Ward, at Hagarty's store, Brunswick
street, John Reid Stewart, returning officer.

For the second sub-division of Romeo Ward Public School House,
Grange street, J. R. Boothby, returning officer.

For the third sub division of Romeo Ward, at Pratt's store, Ontario
street, James J, Dunsmore, returning officer.

For, the fourth sub-division of Romeo Ward, at Bolger's store, Shake-
speare street, W. S. Bolger, returning officer.

For the fifth sub-division of Romeo Ward, at Mrs. Lamb's house,
Frederick street, John B. Capitian, returning officer.

For the sixth sub-division of Romeo Ward, at David Morrison's house,
Nile street, Henry Brewer, retyrning officer.

For the first sula-division of Shakespeare Ward, at the Board of Health
Office, City Buildings, H. W. Copus, returning officer.

For the second sub-division of Shakespeare Ward, at Burst's Cooper
Shop, Wellington street, John O'Donoghue, the younger, returning
officer

For the third sub-division of Shakespeare Wai-d, at Mrs. Behrenwald's
house, McKenzie street, Thomas Henderson, returning officer.

For the fourth sub-division of Shakespeare Ward, at the Shake-
speare Ward, Public School House, Strachan street, Samuel R»bb, return-
ing officer.

For the fifth sub-division of Shakespeare Ward, at W. J. Pepper's
store. Nelson street, W. J. Morrow, returning officer.

This by-law passed in open Council this day of in the

year of our Lord one thousand nine hundred.

City Clerk.
Mayor.

Take notice that the above is a true copy of a proposed by-law which
has been taken into consideration by the Municipal Council of the City of
Straford, and which will be finally passed by the Council in the e ent of
the assent of the electors of the said Municipality being obtained thereto

ftftei* oft6 month from the first publication thereof in the Stratford Daily
Beacon, being the newspaper fixed upon by resolution of the said Council
for the publication of the said by-law, and that the date of the first i)uhli-
cation thereof is Friday, the Sixteenth day of March, A.D. 1900 and that
the poll will be held for taking the votes of the duly qualified electors in
that behalf, on Tuesday, the Tenth day of April, A.D. 1900, between the
hours iif nine o'clock in the forenoon and five o'clock in the a'^ternoon, at
the places mentioned and fixed by the ninth paraoi-aph of the said pro-
posed by-law-being the hour, day and places therein fixed f(tr taking the
voi"es of the electors.

Dated at Stratford, this fourteenth day of March, A.D. 1900

R. R. LANG,

City Clerk.

SCHEDULE B.

This Agreement made (in duplicate) this thirty first day of March, in the
yeitr of our Lord, one thousand nine hundred. Between George
McLagan of the City of Stratford in the County of Perth, Manufac-
turer of the first part, and the Corporation of the City of Stratford,
hereinafter called the parties of the second part.

Whereas the party of the first par has heretofore been carrying on the
business, in the City of Stratford, of furniture manufacturer, and his
factory was burned down and it is intended that he, along with such otheiS
as may take stock in a company to he incorporated and known under the
name of The George McLagan Furniture Co., Limited, Stratford, and said
company when incorporated eithei: under The Ontario Companies Act or
The Companies Act or both with a view of carrying on the said business
in the said City of Stratford, such company to have at least a capital stock
of ninety thousand dollars and subscribed capital capital stock of thirty
t' oiisand dollars before these presents become operative and entitle the
party of the first purt of the said company to the guarantee and privileges
hereinafter referred to, thirty thousand dollars shall have been paid up.

And whereas the party of the first part intends that he or the said com-
pany so incorporated shall acquire lands in the said City of Stratford
whereon to build, and that they shall build thereon the following buildings,
that is to say :

1. A main building to be t>\o hundred and forty feet by fifty feet, four
stories high and a basement, thg basement to be of substantial stone
foundation and the four stories above that to be of brick, the first story
being two bricks thick and the other three stories a brick and half thick.

2. An engine room of at least thirty-five feet by thirty feet and one
story high of substantial brick, well built on substantial stone foundation.

3. A drying kiln eighteen feet by one hundred feet, one story high,
built of brick with stone foundation.

And whereas the estimated cost of the said buildings and machinery
and plant placed therein consisting of engines, planing machines and other
appl'ances incidental to and needful to be us( d in a well appointed and
complete furniture factory shall be at leas't thirty-five thousand dollars
and for the expenditure thereof the party of the first part or his said com-
pany shall produce vouchers and evidence to show to the satisfaction of
the engineer of the city and the city solicitor who are to report thereon to
the council of the said ci'.y and their their report be \ indin^^ and final.

And whereas upon its being reported by the said engineer and said city
solicitor that there has been expended by the said party of the first part
or the said company the said sum of thirty-five thousand dollars and a
mortgage, lien or other form of security approved of by the said city's
solicitor forming a first charge upon the lands had been created for the
purpose of borrowing upon the security of the whole of the said property
both real and pel sonal, the sum of thirty thousand dollars then the said
parties of the second part shall and will guara'iteo the payment of the
said sum and interest at such rate as may be agreed upon.

And whereas it has been agreed that the said loan shall be repaid in
annual instalments of not less than fifteen hundred dollars in each year
with interest in the meantime upon the unpaid principal, and that the
property covered by the said mortgage, lien or other form of security shall
be insured to at least the sum of twenty-five thousand dollars in a company
or companies to be approved of by the parties of the second part, it being
understood that u}>oii the reduction by the said payments on account of
the said loan below the said sum of twenty-five thousand dollars that the
said insurance may be proportionately reduced, but in any case the policy
shall be either assigned to the said parties of the second part or to the
parties advancing the money or some one in trust for one or other or both.

And whereas doubts may arise as to the parts of said plant or machinery
being within the class which might otherwise be known as personal pro-
perty, and it is the intention and is hereby declared the intention of the
party of the first part, and will hereafter be declared by the said company
that any such property sh ill become part of the I'eal estate, and be real
estate, and that the said mortgage, lien or other form of security having
been charged thereon shall be valid and binding upon all the said property,
whether it might otherwise have been classed as personal property or
not and the said mortgage, lien or other form of security be an effectual
charge thereupon without annual renewal within the meaning of the Act
known as The Bills of Sale and Ghattle Mortijage Act.

And whereas in the event of default being made in the annual payment
of the said ins'alments and interest it is to be distinctly understood that
the allowing of the said default to continue for more than one year with-
out steps being taken and prosecuted to enforce the said mortgage, lien or
other form of security by the holders thereof, against the property, will
forfeit as to such instalments and interest in arrear the guarantee of the
said city.

And whereas the party of the first ^art or the said company are to be
exempt frorh taxatitm tor their lands and premises, whereon are erected
the said buildings, plant and machinery and the said buildings,
plant and machinery if there will have been employed continuously
for eleven and one-half months in the whole year ninety men, the
first year, one hundred and twenty men the second year, and one
hundred and fifty the remaining eighteen years, residing in the city
of Stratford, in the carrying on of the said business and that such exemp-
tion from taxation shall (if and so long as from year to year at least said
number of men resident in said city of Stratford, are continuously em-
ployed for at least said period of each year) continue for the period of
twenty years from the first day of January next preceding the giving of
the said guarantee, should the said gufffantee be given in the first half of
the J ear, and in the event of its being given in the last half of the year then
twenty years fromthe first of January next succeeding the giving thereof.

And whereas the said r^'i'ty of the first part or the said company may
for valid business reasons find it inconvenient to continue in any one year
year for said time the employment of so large a number of men, and find
it prudent to depart from that standard in any one year, and it is under-
stood that such departure for such valid business reason shall not be con-
strued as a foreitnre of the said provisions, if during a period of three
years including the first year in which such departure or default takes
place as the first of the said three, there shall have been employed within
and during the said period of three years, either a suflicient number of
men by increasing the number beyond the numbers specified as above or
by continuing the business with at least the number specified as above in '
any one or more years of the said three years, so as to result in making
a disbursement for wages during the said whole period of three years,
taken as a whole a sum equal to what would have been disbursed for
wages to ninety men the first year, one hundred and twenty the second
year, and one hundred and fifty the third year, or to one hundred and
fifty the succeeding years or to one hundred and fifty men employed for
said term continuously over the said period, and so on from time to time
in successive periods of the like space for three years during said twenty
years.

And whereas in the event of the average number of men so employed
for •-»ny such three years falling be'ow the said standard of one hundred
and fifty nien continuously for at least eleven and one-half months in
each year for the said period of three years (with the said exception of first
three years or second, third and fourth together), it is intended that said
exemi'tions from taxations shall thereafter cease in and upon the paid
assessable value of the said property in the like proportion in which the
said falling oflF in the average of said one hundred and fifty men per year
bears to said whole number and the property aforesaid thenceforward
shall be liable to taxation in that proportion and shall from time to time
after such successive periods of three yeai-s in which there has been any
further reduction of the said average number of men, be further propor-
tionately liable to taxation, and in case of default in first three years or
the group of three years consisting of the second, third and fourth years
the basis shall be instead of one hundred and fifty men per year an aver-
age of the required number herein specified.

And whereas it is not intended by the said concession that there shall
be withdrawn from the present assessable real estate of the city a greater
quantity of land than to the amount of two thousand dollars worth accord-
ing to the assessed or assessable value thereof.

And whereas the parties of the second part have agreed, in order to
facilitate the said furniture factory in securing water for fire protection,
they shall have a main not less than six inches laid to within one hundred
feet of said building with a hydrant at the terminus of said main or on the
line thereof at a point not more than one hundred feet distant from said
building.

Now therefore this agreement witnesseth that the parties hereto here-
by covenant and agree to with each o'her as follows :

1. The said party of the first part agrees to form and become along
with such others as may take stock in the said proposed company, an in-
corporated company under the name of The George McLagan Furniture
Company, Limited, Stratford, to be incorporated either under The Ontario
Companies Act or The Companies Act and amendments thereto or both,
with a view to carrying on the business of furniture manufacturing in the
said city of Stratford, said company to have at least a capital stock of
ninety thousand dollars, and a subscribed capital stock of thirty thousand
dollars, whereof thirty thousand dollars shall have been paid up capital
before the party of the first part or the said company shall be entitled
to claim from the said parties of the second part the execution of the
guarantee and grant of the privileges hereinbefore recited.

2. And the said party of the first part shall and will procure the said
Company when so incorporated to execute an agreement with the said
city binding the said corporate company to keep and observe all the pro-
visions herein contained and put forth as intended to be binding upon
the party of the first part or the said corporate company.

3. The said party of the first part covenants with the said parties of the
second part that the said corporate company shall and will acquire lands
in the city of Stratford whereon to build, and that they shall build there-
on the following buildings, that is to say :

(1) A main building two hundred and forty feet by fifty feet, four
stories high and a basement story of the whole size, the basement to be
of substantial stone foundation and the four stories above the basement
to be of brick, the first s^ory being two brick thick and the other three
stories one and one-half brick thick.

(2) An engine room of at least thirty- five feet by thirty feet, and one
story high, of substantial brick wall, Ijuilt on substantial stone tounda-
tion.

(3) A drying kiln eighteen feet by one hundred feet, one story high,
built of brick with stone foundation.

4. The said party of the first part or the said company in his lieu and
stead will proceed immediately after the erection of the ?aid buildings and
placing therein of plant and machinery aforesaid and show to the satis-
faction of the said engineer and city solicitor vouchers and evidence to
their satisfaction that the said sum of thirty-five thousand dollars or luoh

8 ^
o
ther sura as may the correct sum, has been expended in the building of
the said buildings and placing therein the plant and machinery to make
the whole work efficiently.

5. Upon the completion of the said work and report of the said engi-
neer and solicitor showing the amount ex])ended in conneciion with the
building of the said buildings and placing therein of the plant and ma-
chinery and acquiring of the said lands and other connections in the way
of tracks and erections to make the said property work efficiently the said
company shall place before the council of the said parties of the s-cond
part the njortgage, lien or other form of security showing how they pro-
pose to secure the proposed loan of thirty thousand dollars to be secured
and the rate of interest to be payable thereupon which it is und*^rstood
shall be a reasonable rate of interest to be approved of by the parties of
the second part.

6. In the event of there being any difference between the said sum of
thirty-five thousand dollars and the actufil cost for the purpose aforesaid
according to the said report of the engineer and solicitor, the council may,
if such report shows a less expenditure than thirty- five thousand dollars,
make allowance and arrangement therefor on the basis of the like pro-
portion of the amount to be guarant h d by them, the parties of the sec-
ond part as exists between the proposed loan of thirty thousand dollars
and thirty-five thousand dollars of expenditure.

7. The parties of the second part shall and will thereupon at the
request of the party of the first part, or the said corporate company, exe-
cute such a good and sufficient guarantee as will bind the parties of the
second part to secure to the lender or lenders of the said proposed loan, or
any part thereof, payment thereof at the rate of fifteen hundred dollars
per year of principal with interest at the rate to be agreed upon between
the parties hereto of the second part and the said company upon the
unpaid principal, and upon the understanding and agreement that the
said mortgage, lien or uther form of security, shall be a first charge upon
all of the sa'd property, including the land and premises acquired for the
purpose of the said property and rights of way and tracks therein and
thereto, the buildings erected thereon, plant and machinery placed there-
in and all other constructions and erections made in or to m ike the said
property work efficiently, the same having been declared by the said com-
pany to be and torm part of the real estate in question, whether it might
otherwise have been so held at common law or not.

8. To effectually carry out the purpose of these presents and they shall
be only operative upon that being done it U expected the Legislature will
by an Act to be passed, declare all the said property, real estate and not
require an annual renewal of chattel mortgage upon that part that might
otherwise be looked upon as personal property.

9. The said party of the first part shall and will have the said buildings
erected and completed within five months from the date of the final pass-
ing by the Council of Stratford of the by-law to carry out this agreement,
same first having been approved of by two-thirds of the electors of Strat-
ford, and be ready then to operate the same and shall henceforward after
the completion thereof employ and continue to employ for at least eleven
and one half months in the year for each and every year for the period of
twenty years following, ninety men the first year, one hundred and
twenty men the second year and one hundred and fifty men for the
remaining eighteen years of the term of twenty years, residing in the
said City of Stratford.

the parties of the second part, the said Company shall and will at any
time after the furnishing of the said declaration or in default of the same
having been furnished, shall and will at any time upon request exhibit to
the parties of the second part or such person or officer as they may
appoint for the purpose of inspecting the same, all the books of the said
Company contair)ing any entry in relation to the payment of wages or the
hiring of men for the three years preceding that in which the demand
shall be made.

11. The parties of the second part agree that the said company are to
be given exemption from taxation for the lands and premises whereon are
to be erected the said buildings, plant and machinery and the sail
buildings, plant and machinery if and so long as they will have employed
continuously for a period of at least eleven and one-half months in the
year for the first year ninety men, for the second year one hundred and
twenty men, and for the third and succeeding years one hundred and
fifty men residing in each case in the said City of Stratford in the carrying
on of tht^ said business to be continued for the term of twenty years from
the first day of January next preceding the giving of the said guarantee
should the said guarantee be given in the first half of the year, and in
the event of it being given in the last half of the year then twenty years
from the first day of January in the next succeeding year ; provided al-
ways that if the land acquired as above exceed two thousand dollars of
assessable or assessed value then such excess shall not be exempt.

12. In the event of the said company finding it inconvenient for valid
business reasons to continue in any one year for eleven and one-half
m)nths the employment of so large a number of men as hereinbefore pro-
vided, and prudent to depart from that standard in any one year, it is
understood and agreed that such departure for such valid business reasons
shall not be construed as a breach of tho said covenant in paragraph nine
hereof nor construed as a forfeitui*e of the provision herein for exemption
from taxation if during a period of three years including the first year of
default as first of said three years, there shall have been employed with-
in and during the said period of threeyears either a sufficient number of men
by increasing the number beyond ninety, one hundred and twenty or one
hundred and fifty as herein specified or by continuing the business with
at least sufficient men long enough in any and all the said three years so
as to result in making a disbursement for wages during said whole period
of three years taken as a whole, a sum equal to what would have been
disbursed for wages for ninety, one hundred and twenty, and one hundred
and fifty men, or one hundred and twenty and one hundred and fifty a
year or one hundred and fifty for each year as hereinbefore specified for
the respective periods their numbers represent of men employd for eleven
and one half months in each year continuously over the said period and so
on from time to time in successive periods of the like space of three years
during the said twenty years of the then remainder thereof, always count-
ing the first defaulting year of the series as the first thereof.

13. In the event of the average number of men so employed for any
such three years falling below the said standard of ninety, one hundred
and twenty, and one hundred and fifty men for the first three years, or of
one hundred and twenty, one hundred and fifty and one hundred and
fifty for the second possible term of three years, or one hundred and fifty
men for any succeeding period of three years, continuously for at least
eleven and one half months in each year for any such period of three
years, the said exemption from taxation shall forwith cease in and upon
the said assessable value of the said property in the like proportion in
which the said falling off" in the average per year of the the said ninety,
one hundred and twenty, and one hundered and fifty for the first three
years, or one hundred and twenty and one hundred and fifty and one
hundred and fifty for the second possible term of three years, or one
hundred and fifty men per year for three years bears to the whole require-
ments of the standard numijet ; and the property aforesaid thenceforward
shall be liable to taxation in that proportion and shall from time to time
after each successive period of three years in which there has been any

2—212

further reduction of the said average number of men be further propor-
tionately liable to taxation.

14. The parties of the second part agree in order to facilitate the said
furniture factory in securing water for fire protection, to have a main not
less than six inch laid within one hundred feet of the said building with
a hydrant at the terminus of the said main or on the line thereof at a
point not more than one hundred feet distant from said building.

15. The said guarantee shall provide that the allowing of any default in
payment of the annual instalment of interest to continue for more than
one year without steps being taken and prosecuted to enforce the said
mortgage, lien or other forms of security, by the holders thereof against
the property will forfeit the guarantee of the said city ; the same remain-
ing good, however, against default as to the future instalments until they
shall have been allowed to remain in default for one year without steps
being taken, and prosecuted to enforce as aforesaid and so from time to
time.

It). It is understood that an application shall be made jointly by the
parties hereto for an Act of the Legislature of the Province of Ontario to
be passed at the said session ensuing the execution thereof, rendering
vaUd and binding this agreement and the by-law for granting said pri-
vi'eges now being published and enabling the parties hereto and the said
Company to so deal with both the said by-law and agreement as to render
them consistent in any particular wherein they may now be inconsistent,
and to enable the municipality to make and execute such further provis-
ions as may be necessary between the parties of the second part and the
said corporate company to effectually carry out these presents in the true
spirit and intent thereof.

17. It is further agreed that the said party of the first part covenants
with the parties of the second part that he will not directly or indirectly
for the purpose of amalgamation with or joining or promoting any syndi-
cate or trust, sell, assign or transfer or agree co sell, assign or transfer or
put out of his absolute control in any way without the consent of the
council of the said City said business of furniture manufactnring or any
part thereof nor will the said company for the purpose of amalgamation
with, or joining or pi-omoting any syndicate directly or indirectly sell,
assign or transfer or put out of its control in any way without the consent
of the council aforesaid, said business or any part thereof, nor will the
said party of the first part directly or indirectly for the purpose of amal-
gatmating said business with or joining it to or promoting by its use or
disuse that of any syndicate or trust, sell, assign or transfer, or put out of
his absolute control in any way without the consent of said council any
stock he inay have in any such company. Provided always that upon a
discharge of the mortgage or other charge herein before referred to as to
be guaranteed by the parties of the sec(md part having been got by the
parties of the second part thereby relieved from said guarantee this cov-
enant shall cease and Jaecome void.

In witness whereof the party of the first part has hereunto set his hand
and seal and the Mayor and Clerk of the said Corporation have hereunto
set their hands and affixed the Corporate Seal.

Signed, sealed and deiivered in the presence of

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^°- '"'-^ BILL. f^"""-

An Act to enable the City of Stratford to guarantee
for $30,000 to be borrowed by George McLagan.

WHEREAS the Municipal Corporation of the City of Strat-
ford has by petidon represented that one George Mc- Preamble.
Lagan lately carried on business as a furniture manufacturer
in the City of Stratford, employing about eighty men in such
business, and that on the 1st day of March, 1900, the factory of
the said George McLagan was destroyed by fire, and many
workmen were as a result thrown out of employment ; and
whereas the said municipal corporation being desirous of
granting assistance to the said George McLagan in the re-
establishment of his said business, duly submitted to the vote
of the ratepayers of the said city the by-law set out in Sche-
dule A of this Act for the purpose of guaranteeing the pay-
ment of S30,000 to be borrowed by said George McLagan or a
company to be incorporated under the name of " The George
McLagan Furniture Co., Limited, Stratford," upon the terms
and conditions contained in the said by-law and in the
form of agreement set out in Schedule B to this Act ;
and whereas 1,252 out of the total number of 1,599 of
the ratepayers of the said City, qualified to vote on money
by-laws, voted in favour of the said by-law and only 25
voted against the same ; and whereas the said the Municipal
Corporation of the City of Stratford has by the said petition
prayed that an Act may be passed to authorize the municipal
council of the said city to pass the said by-law, and to con-
firm the said by-law when so passed, and to authorize the said
municipal corporation to enter into the agreement set out in
Schedule " B " to this Act ; and whereas it is expedient to
grant the prayer of the said petition.-sf

«s,l. It shall be lawful for the Municipal Council of the said Authority to
City of Stratford to pass the said by-law set out in Schedule P*'^ by-law.
"A" to this Act and intituled " By-law No. 852 of the City of
Stratford, to authorize the said City to guarantee the pay-
ment of $30,000 to be borrowed by George McLagan or a com-
pany to be incorporated under the name of The George
McLagan Co., Limited, Stratford," and subject to the passing
thereof, the said by-law is confirmed and declared to be legal,
valid and binding upon the Municipal Corporation of the City
of Stratford and the ratepayers thereof. -s?

3, Upon the passing of such by-law it shall be lawful for Authority
the Municipal Corporation of the City of Stratford to enter agrTe*ment.'°

Authority to

guarantee

payment.

into an agreement with George McLagan, of the said City of
Stratford, or such corporate company as may be promoted by
him in the terms set forth in Schedule " B " hereto, and such
agreement upon the execution thereof shall be valid and bind-
ing upon the parties thereto.

3. It shall be lawful for the said Municipal Corporation of
the City of Stratford upon the execution oF the said agreement,
and in pursuance thereof to guarantee the payment of the sum
of S30,000 to be borrowed by the said George McLagan or a
corporate company to be formed by him in the manner set
forth in the said agreement and to take security from the said
George McLagan or the said corporate company in respect
thereof in the manner set forth in Schedule " B," and to do
any and all acts and things necessai y to carry out and give
full effect to the said agreement according to the true spirit,
intent and meaninor thereof.

Power to
modify terms
of agreement.

4. It shall be lawful for the said Municipal Corporation and
said George McLagan or the said corporate company to modify
the said proposed agreement by any provision that will lessen
or reduce the concessions proposed to be made by the said cor-
poration to the said George McLagan or corporate company
not lessening or reducing, however, the securities and guaran-
tees in favour of the city.

SCHEDULE A.

By-law No. 852 of the City of StratforJ, to authorize the said city to
guarantee the payment of $30,000 to be borrowed by Cieorge
McLagan or a Company to be incorporated under the name of The
George McLagan Furniture Co., Limited, Stratford.

' Whereas the said George McLagan heretofore carried on business in
the city of Stratford as a manufacturer of furniture and his factory was
recently destroyed by fire, and he has determined upon the condition of
this by-law being passed to rebuild in the said city of Stratford a new
factory to cost not less than the sum of thirty-five thousand dollars.

And whereas it has been agreed in the event of his doing so, or his
being able to form a joint stock company with capital stock of not less
than ninety thousand dollai's and inducing the said company to do so, that
the said city shall and will guarantee the payment of a loan of thirty
thousand dollars, to be obtained by the said George McLagan or company
upon the security of the said factory and machinery and plant therein
used therewith, to be repaid in sums of fifteen hundred dollars a year with
interest as may be agreed upon between the said George McLagan or the
said company and the lender of the money.

And whereas the amount of the whole rateable property of the said
municipality according to the last revised assessment roll, being for the
year 1900, is the sum of $4,039,175.

And whereas the amount of the existing debt of the said municipality is
the sum of |692 275, of which the sum of $407,000 is principal and the
sum of $285,275 is interest ; and of the said principal and interest noth-
ing is in arrear.

Be it therefore enacted by the corporation of the city of Stratford as
follows :

1. That it shall and may be lawful for the mayor and clerk of the said
city and the council of the said city to enter into an agreement with the
said George McLagan or with the company being promoted by him and
to be incorporated under the Ontario Companies Act or The Companies
Act, or both, for the purpose of carrying on the business of furniture
mmufacturiiig, to guarantee the repayment by the said George McLagan
or by the said corp )rate company of the sum of thirty thousand dollars to
he borrowed by him or them on a mortgage to be given upon the land upon
Avhich the said buildings are to be erected and the other lands connected
and used therewith, together with the plant and machinery in the said
buildings, and the said buildings to be hereafter erected for the purpose
of carrying on tlie said business in the said city of Stratford, and also
upon all other connections in the way of tracks or constructions, upon
such terms that the said mortgage shall extend over and for twenty years
and be reduced by payments of tifteen hundred dollars with interest in
each year during the said twenty years.

2. That it shall and may be lawful for the mayor and council of the
said city to make such conditions and stipulations in connection with the
carrying on of the said business before executing any such guarantee as
to the said mayor and council for the time being seem fit in connection
with the establishmen*^ and carrying on of the said works and the repay-
ment of the said loan.

3. That in any event the siid power shall not be exercised upon any
agreement having any st'pulation providing for the employment of less
than at least ninety men for the first year, one hundred and twenty for
the second year and one hundred and fifty for the following eighteen
years continuously during each year, save one half month of each year,
and saving also the right to arrange for default in the employment of the
full complement of men being ma'le good by its equivalent in the employ-
ment of an increased number to such an extent during each three years to
make up for any such default.

4. That in any event the said power shall not be exercised until the
said George McLagm or the corporate company afor said shall have
erected within the year 1900 in the city of Stratf rd upon the lands selected
by him or them as a site for the said factory the following buildings or
their equivalent in size, tliat is to say :

(!) A main building two hundred and ^orty feet by fifty feet, four
stories h'gh, and also a basement story the whole size, the basement to
be of substantial stone foundation and the four stories above that to be
of brick, the first story to be two brick thick and the three stories above
that a brick and a halt thick.

(l) An engine room of at least thirty-five feet by thirty feet, and one
story high, of substantial brick, well built upon substantial stone founda-
tion.

(3) A drying kiln eighteen feft by one hundred feet, one story high,
built of brick with stone foundation, said buddings with machinery there-
in costing not If ss than $35,000. or in the event of costing less the guar-
antee to abate in proportion and upon the said lands and buildings and
machinery therein the said mortgage shall be a first lien and charge.

5. That in the event of the said George McLagan or the said corporate
company entering into such a-i agreement satisfactory to the council of
the said city on the lines above indicated, the land whereon the said fac-
tory shall be erected and which shall be mortgaged as aforesaid, shall be
exempt from taxation for the period of twenty years from the first day of
January next preceding the giving of the said guarantee should the said
guarantee be given in the first half of the year, and in the event of its
be ng given in the last half of the year then from the first day of January
next succeeding the giving thereof ; provided always that if the land

acquired for the purpose of erecting the said buildings thereon exceed
two thousand dollars of assessable or assessed value then such excess shall
not be exempt.

6. This by-law shall take effect and come into force on the Seventeenth
day of April, 1900.

7. On the sixth day of April, 1900, at the hour of ten o'clock in the
forenoon at the Mayor's, office, stratford, the appointment of persons fo
attend to the polling places and at the final summing up of the votes by
the Clerk respectively on behalf of the persons interested in and ] r^mot-
ing or opposing the passage of this by-law will be made.

8. The Clerk of the said municipality shall sum up the number of votes
given for or against this by-law on Thursday, the twelfth day of April,
A.D. 1900, at the Clerk's office, Stratford.

9. The votes of the ratepayers entitled to voto on this by-law shall be
taken thereon at the places hereinafter mentioned, and the said votes shall
be so taken on the tenth day of April, A D. 1900, the polls to be open at
the hour of nine o'clock in the forenoon and be closed at the hour of five
o'clock in the afternoon, and the persons also hereinafter named shall be
the returning officers to take votes at the said polls.

lor the first sub-divi-iion of Avon Ward, at Wilkinson's Soda Water
Works, Huron street, Arthur Bushfield, returning officer.

For the second sub-division of Avon Ward, at the Avon Ward Public
School House, Caledonia street, W. S, Cowan, returning officer.

For the first sub-division of Falstaff Ward, at Lamb & Bates' Pump
Shop, Ontario street, P. R. Jarvis, returning officer.

For the second suo-division of Falstaff Ward, at Jf'aistaff Ward Public
School, William street, Wilter Miller, returning officer.
. lor the first sub-division of Hamlet Ward, at Central School House,
St. Andrew's street, D. R. McPherson, returning officer.

For the second sub-division of Hamlet Wart at Hamlet Ward Public
School House, Gait street, Walter McMillan, returning officer.

For the sub-division of Romeo Ward, at Hagarty's store, Brunswick
street, John Reid Stewart, returning officer.

For the second sub division of Romeo Ward Public School House,
Grange street, J. R. Boothby, returning officer.

For the third sub division of Romeo Ward, at Pratt's store, Ontario
street, James J, Dunsmore, returning officer.

For the fourth sub-division of Romeo Ward, at Bolger's store, Shake-
speare street, W. S. Bolger, returning officer.

For the fifth sub-division of Romeo Ward, at Mrs. Lamb's house,
Frederick street, John B. Capitian, returning officer.

For the sixth sub-division of Homco Ward, at David Morrison's house,
Nile street. Henry Brewer, returning officer.

For the first sub-division of Shakespeare Ward, at the Board of Health
Office, City Buildings, H. W. Copus, returning officer.

For the second sub-division of Shakespeare Ward, at Burst's Cooper
Shop, Wellington street, John O'Donoghue, the youngei", returning
officer

For the third sub-divLsion of Shakespeare Ward, at Mrs. Behrenwald's
house, McKenzie street, Thomas Henderson, returning officer.

For tlie fourth sub-division of Shakespeare Ward, at the Shake-
speare Ward, Public School House, Strachan street, Samuel R' bb, return-
ing officer.

For the fifth sub-division of Shakespeare Ward, at W. J. Pejjper's
store. Nelson street, W. J. Morrow, returning officer.

This by-law passed in open Council this day of in the

year of our Lord one thousand nine hundred.

City Clerk.
Mayor.

SCHEDULE B.

This Agreement made (in duplicate) this thirty-first day of March, in the
year of our Lord, one thousand nine hundred. Between George

Mc Lagan of the City of Stratford in the County of Perth, Manufac-
turer, of the first part, and the Corporation of the City of Stratford,
hereinafter called the parties of the second part.

Whereas the party of the first part has heretofore been carrying on the
business, in the City of Stratford, of furniture manufacturer, and his
factory was burned down and it is intended that he, along with such cthei s
as may take stock in a company to be incorporated and known under the
name of The George McLagan Furniture Co., Limited, Stiatford, and said
company when incorporated either under The Ontario Companies Act or
The Companies Act or both with a view of carrying on the said business
in the said City of Stratford, such company to have at least a capital stock
of ninety thousand dollars and subscribed capital stock of thirty
thousand dollars before these presents become operative and entitle the
party of the first part or the said company to the guarantee and privileges
hereinafter referred to, thirty thousand dollars shall have been paid up.

1. A main building to be two hundred and forty feet by fifty feet, four
stories high and a basement, the basement to be of substantial stone
foundation and the four stories above that to be of brick, the first story
being two bricks thick and the other three stories a brick and half thick.

2. An engine room of at least thirty-five feet by thirty feet and one
story high of substantial brick, well built on substantial stone foundation.

3. A drying kiln eighteen feet by one hundred feet, one story high,
built of brick with stone foundation.

And whereas the estimated cost of the said buildings and machinery
and plant placed therein consisting of engines, planing machines and other
appliances incidental to and needful to be used in a well appointed and
complete furniture factory shall be at least thirty-five thousand dollars
and for the expenditure thereof the party of the first part or his said com-
pany shall produce vouchers and evidence to show to the satisfaction of
the engineer of the city and the city solicitor who are to report thereon to
the council of the said city and their their report be binding and final.

And whereas upon its being reported by the said engineer and said city
solicitor that there has been expended by the said party of the first part
or the said company the said sum of thirty-five thousand dollars and a
mortgage, lien or other form of security approved of by the said city's
solicitor forming a first charge upon the lands has been created for the
purpose of borrowing upon the security of the whole of the said property
both real and personal, the sum of thirty thousand dollars then the said
parties of the second part shall and will guarantee the payment of the
said sum and interest at such rate as may be agreed upon.

And whereas it has been agreed that the said loan shall be repaid in
annual instalments of not less than fifteen hundred dollars in each year
with interest in the meantime upon the unpaid principal, and that the
property covered by the said mortgage, lien or other form of security shall
be insured to at least the sum of twenty-five thousand dollars in a company
or companies to be approved of by the parties of the second part, it being
understood that upon the reduction by the. said payments on account of
the said loan below the said sum of twenty-five thousand dollars that the
said insurance may be proportionately reduced, but in any case the policy
shall be either assigned to the said parties of the second part or to the
parties advancing the money or some one in trust for one or other or both.

And whereas doubts may arise as to the parts of said plant or machinery
being within the class which might otherwise be known as personal pro-
perty, and it is the intention and is hereby declared the intention of the
party of the first part, and will hereafter be declared by the said company
that any such property shall become part of the real estate, and be real
estate, and that the said mortgage, lien or other form of security having
been charged thereon shall be valid and binding upon all the said property,
whether it might otherwise have been classed as personal property or

not, and the said mortgage, lien or other form of security be an eflfectual
charge thereupon without annual renewal within the meaning of the Act
known as 1 he Bills of Sale mid Chattle Mortgage Act.

Anil whereas in the event of default being made in the annual payment
of the said ins almcnts and interest it is to be distinctly understood that
the allowing of the said default to continue for more than one year with-
out steps being taken and prosecuted to enforce the said mortgage, lien or
other form of security by the holders thereof, against the property, will
forfeit as to such instalments and interest in arrear the guarantee of the
said city.

And whereas the party of the first part or the said company are to be
exempt from taxation for their lands and premises, whereon are erected
the said buildings, plant and machinery and the said buildings,
plant and machinery if there will have been employed continuously
for eleven and one-half months in the whole year ninety men, the
first year, one hundred and twenty men the seiond year, and one
hundred and fifty the remaining eighteen years, residing in the city
of Stratford, in the carrying on of the said business and that such exemp-
tion from taxation shall (if and so long as from year to year at least said
number of men resident in said city of Stratford, are continuously em-
ployed for at least said period of each year) continue for the period of
twenty years from the first day of January next preceding the giving of
the said guarantee, should the said guarantee be given in the first half of
the J ear, and in the event of its being given in the last half of the year then
twenty years fr< mthe first of January next succeeding the giving thereof.

And whereas the said party of the first part or the said company may
for valid busine?s reasons find it inconvenient to continue in any one year
year for said time the emph-yment of so large a number of men, and find
it prudent to depart from that standard in any one j ear, and it is under-
stood that such departure for such valid business reason shall not be con-
strued as a forfeiture of the said provisions, if during a period of three
years including the first year in which such departure or default takes
place as the first of the said three, there shall have been employed within
and dui'ing the said period of three years, either a sufficient number of
men by increasing the number beyond the numbers specified as above or
by continuing the business with at least the number specified as above in
any one or more years < f the said t' ree years, so as to result in making
a disbursement for wages during the said whole period of th'ee years,
taken as a whole a sum equal to what would have been disbursed for
wages to ninety men the first year, one hundred and twenty the second
year, and one hundred and fifty the third year, or to one hundred and
fifty the succeeding years or to ( ne hundred and fifty men employed for
said term continuously over the said period, and so on from time to time
in successive periods of the like space for three yeais duiing said twenty
years.

And whereas in the event of the average number of men so employed
for ^ny such three years falling be'ow the said standard of one hundred
and fifty men continuously for at least eleven and one-half months in
each year for the sail period of three years (with the said exception of fiist
three years or second, third and fourth together), it is intended that s lid
exem ifons from taxations shall thereafter cease in and upon the sai 1
assessable value of the said pr perty in the like proportion in wLich the
said falling off" in the average of said one hundred ad fifty men per year
bears to said whole number and the propeity aforesaid thenceforward
shall be liab'e to taxation in that proportion and shall from time to time
after such successive periods of three years in which there has been any
further reduction of the said average number of men, be further propor-
tionately liable to taxation, ai d in case of default in first three years or
the group of three years cons'sting of the second, third and fourth years
the basis shall be instead of one hundred and fifty men per year an aver-
age of the required number herein specified.

And whereas it is not intended by the said concession that there shall
be withdrawn from the present assessable real estate of the city a greater
quantity of land than to the amount of two thousand dollars worlh accord-
ing to the assessed or assessable value thereof.

And whereas the parties of the second part have agreed, in order to
facilitate the said furniture factory in securing water for fire protection,
they shall hvve a main not less than six inches laid to within one hundred
feet of said building with a hydrant at the terminus of said main or on the
line thereof at a point not more than one hundred feet di tant from said
building.

^ow therefore this agreement witnesseth that the parties hereto here-
by covenant and agree to with each o'lxer as follows :

1. The said party of the first part agrees t > form and become along
with such others as may take stock in the said proposed company, an in-
corporated company under the name of The Gfor^e McLa^an Furniture
Company, Limited, Str-itford, to be incorporated either under The Ontario
Companies Act or The Companies Act and amendments thereto or both,
with a view to carrying on the business of furniture manufacturing in the
said city of Stratford, said company to have at least a capital stock of
ninety thousand dollars, and a subscribed capital stock of thirty thousand
dollars, whereof thirty thousand dollars shall have been paid up capital
before the party of the first part or the said company shall be entitled
to claim from the said parties of the second part the execution of the
guarantee and grant of the privileges hereinbefore recited.

3. The said party of the first part covenants with the said parties of the
second part that the said corporate company shall and will acquire lands
in the city of Sti'atford whereon to build, and that they shall build there-
on the following buildings, that is to say:

(1) A main building two hundred and forfy feet by fifty feet, four
stories high and a basement story of the whole size, the basement to be
of substantial stone foundation and the four stories above the basement
to be of brick, the first s'ory being two brick thick and the other three
stories one and one-half brick thick.

(2) An engine room of at least thirty- five feet by thirty feet, and one
story high, of substantial brick wall, built on substantial stone tounda-
tion.

(3) A drying kiln eighteen feet by one hundred feet, one story high,
built of brick with stone foundation.

4. The said party of the first part or the said company in his lieu and
stead will proceed immediately after the erection of the said buildings and
placing therein of plant and machinery aforesaid and show to the satis-
faction of the said engineer and city solicitor vouchers and evidence to
their satisfaction that the said sum of thirty-five thousand dollars or such
other sum as may the correct sum, has been expended in the building of
the said buildings and yilacing therein the plant and machinery to make
the whole work efiiciently.

5. Upon the completion of the said work and report of the said engi-
neer and solicitor showing the amount expended in connection with the
building of the said buildings and placing therein of the plant and ma-
chinery and acquiring of the said lands and other connections in the way
of tracks and erections to make the said property work efficiently the said
company shall place beff^re the council of the said parties of the second
part the mortgage, lien or other form of security showing how they pro-
pose to secure the proposed loan of thirty thousand dollars to be secured
and the rate of interest to be payable thereupon which it is und. rstood
shall be a reasonable rate of interest to be approved of by the parties of
the second part.

6. In the event of there being any difierenco between the said sum of
thirty-five thousand dollars and the actual cost for the purpose aforesaid
according to the said report of the engineer and solicitor, the council may,
if such report shows a less expenditure than thirty- five thousand dollars,
make allowance and arrangement therefor on the basis of the like pro-
portion of the amount to be guaranteed by them, the parties of the sec-

ond part as exists between the proposed loan of thirty thousand dollars
and thirty-tive thousand dollars of expenditure.

7. The parties of the second part shall and will thereupon at the
request of the party of the first part, or the said corporate company, exe-
cute such a good and sufficient guarantee as will bind the parties of the
second part to secure to the lender or lenders of the said proposed loan, or
any part thereof, payment thereof at the rate of fifteen hundred dollars
per year of principal with interest at the rate to be agreed upon between
the parties hereto of the second part and the said company upon the
unpaid principal, and upon the understanding and agreement that the
said mortgage, lien or other form of security, shall be a first charge upon
all of the said property, including the land and premises acquired for the
purpose of the said property and rights of way and tracks therein and
thereto, the buildings erected thereon, plant and machinery placed there-
in and all other constructions and erections made in or to m ike the said
property work efficiently, the same having been declared by the said com-
pany to be and form part of the real estate in question, whether it might
otherwise have been so held at common law or not.

8. To efi'ectually carry out the purpose of these presents and they shall
be only operative upon that being done it is expected the Legislature will
by an Act to be passed, declare all the said property, real estate and not
require an annual renewal of chattel mortgage upon that part that might
otherwise be looked upon as personal property.

10. The party of the first part covenants that in each year during the
said twenty years, in the first week in January in each year the President
and Secretary of the said Company shall furnish to the parties of the
second part by delivering to their clerk or such officer as they may appoint
for the purpose of receivmg the same, a declaration duly made under The
Canadian Evidence Act, 1893, or some other Act enabling such declar-
ation to be illegally taken, show the name and place of abode m the said
City of Stratford of each man employed in carrying on of said business
and the time for which such men has served during the preceding year in
the carrying on of said business, and upon the request of the Council of
the parties of the second part, the said Company shall and will at any
time after the furnishing of the said declaration or in default of the same
having been furnished, shall and will at any time upon request exhibit to
the parties of the second part or such person or officer as thoy may
appoint for the purpose of inspecting the same, all the books of the said
Company containing any entry in relation to the payment of wages or the
hiring of men for the three years preceding that in which the demand
shall be made.

11. The parties of the second part agree that the said company are to
be given exemption from taxation for the lands and premises whereon are
to be erected the said buildings, plant and machinery and the said
buildings, plant and machinery if and so long as they will have employed
continuously for a period of at least eleven and one-half months in the
year for the first year ninety men, for the second year one hundred and
twenty men, and for the third and succeeding years one hundred and
fifty men residing in each case in the said City of Stratford in the carrying
on of the said business to be continued fOr the term of twenty years from
the first day of January next preceding the giving of the said guarantee
should the said guarantee be given in the first half of the year, and in
the event of it being given in the last half of the year then twenty years

from the first day of January in the next succeeding year ; provided Al-
ways that if the land acquired as above exceed two thousand dollars of
assessable or assessed value then such excess shall not be exempt.

12. In the event of the sai^ company finding it inconvenient for valid
business reasons to continue in any one year for eleven and one-half
months the employment of so large a number of men as hereinbefore pro-
vided, and pi udent to depart from that standard in any one year, it is
understood and agreed that such departure for such valid business reasons
shall not be construed as a breach of the said covenant in paragraph nine
hereof nor construed as a forfeiture of the provision herein for exemption
from taxation if during a period of three years including the first year of
default as first of said three years, there shall have been employed with-
in and during the said period of threeyears either asufficientnumberofmen
by increasing the number beyond ninety, one hundred and twenty or one
hundred and fifty as herein specified or by continuing the business with
at least suflicient men long enough in any and all the said three years so
as to result in making a disbursement for wages during said whole period
of three years taken as a whole, a sum equal to what would have been
disbui'sed for wages for ninety, one hundred and twenty, and one hundred
and fifty men, or one hundred and twenty and one hundred and fifty a
year or one hundred and fifty for each year as hereinbefore specified for
the respective periods their numbers represent of men emplojed for eleven
and one half months in each year continuously over the said period and so
on from time to time in successive periods of the like space of three years
during the said twenty years of the then remainder thereof, always count-
ing the first defaulting year of the series as the first thereof.

13. In the event of the average number of men so employed for any
such three j ears falling below the ?aid standard of ninety, one hundred
and twenty, and f>ne hundred and fifty men for the first three years, or of
one hundred and twenty, one hundred and fifty and one hundred and
fifty for the second possible term of three years, or one hundred and fifty
men for any succeeding period of three years, continuously for at least
eleven and one half months in each year for any such period of three
years, the said exemption from taxation shall forwith cease in and upon
the said assessable value of the said property in the like proportion in
which the said falling off in the average per year of the the said ninety,
one hundred and twenty, and one hundered and fifty for the first three
years, or one hundred and twenty and one hundred and fifty and one
hundred and fifty for the second possible term of three years, or one
hundred and fifty men per year for three years bears to the whole require-
ments of the standard number ; and the property aforesaid thenceforward
shall be liable to taxation in that proportion and shall from time to time
after each successive period of three years in which there has been any
further reduction of the said average number of men be further propor-
tionately liable to taxation.

16. It is understood that an application shall be made jointly by the
parties hereto for an Act of the Legislature of the Province of Ontario to
be passed at the said session ensuing the execution thereof, rendering
valid and binding this agreement and the by-law for granting said pri-
vileges now being published and enabling the parties hereto and the said
Company to so deal with both the said by-law and agreement as to render

2—212

them consistent in any particular wherein they may "now be inconsistent,
and to enable the municipality to make and execute such further provis-
ions as may be necessary between the parties of the second part and the
said corporate company to effectually carry out these presents in the true
spirit and intent thereof.

17. It is further agreed that the said party of the first part covenants
with the parties of the second part that he will not directly or indirectly
for the purpose of amalgamation with or joining or promoting any syndi-
cate or trust, sell, assign or transfer or agree co sell, assign or transfer or
put out of his absolute control in any way without the consent of the
council, of the said City said business of furniture manufactnring or any
part thereof nor will the said company for the purpose of amalgamation
with, or joining or promoting any syndicate directly or indirectly sell,
assign or transfer or put out of its control in any way without the consent
of the council aforesaid, said business or any part thereof , nor will the
said party of the first part directly or indirectly for the purpose of amal-
gatmating said business with or joining it to or promoting by its use or
disuse that of any syndicate or trust, sell, assign or transfer, or put out of
his absolute control in any way without the consent of said council any
stock he may have in any such company. Provided always that upon a
dischar^^e of the mortgage or other charge herein before referred to as to
be guaranteed by the parties of the second part having been got by the
parties of the second part thereby relieved from said guarantee this cov-
enant shall cease and become void.

In witness whereof the party of the first part has hereunto set his hand
and seal and the Mayor and Clerk of the said Corporation have hereunto
set their hands and affixed the Corporate Seal.

Signed, sealed and delivered in the presencejof

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No. 213.] PITT T ^^^^^'

An Act to Provide Provincial Aid for the Establish-
ment of Sanatoria for Consumptives.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. The council of any county, city or town separate Establishment
5 from a county may acquire an estate in landed property of sanatoria by

and may establish thereon a sanatorium for the treatment ^'^'lo^n^g '^^^^^^
of persons suffering from tuberculosis in any form and may
provide for the erection and repair of such building or build-
ings, and may pass by-laws for raising funds for the purposes
10 aforesaid, and for the management and control of the same by
a Board of Trustees as hereinafter provided.

2. Any number of municipalities, of any description what- union of
soever, may unite for the purposes of this Act, upon such munici-
terms as may be mutually agreed upon. p* ^ ^®*'

15 3. When any municipality proposes to establish a sanator- ^^^^ ^f
ium for consumptives, under this Act, such municipah'ty shall establishing
appoint a committee of not more than three, who shall have ^q^i^ ^"°*'
power to confer with contiguous municipalities with a view to
joint action, and on report of such committee to the initiating

20 municipality tliat two or more adjoining municipalities have
passed a by-law for the purpose of forming such union, the
initiating municipality may fyle with theProvmcial Secretary
a copy of such report, and thereupon all legal and necessary
preliminary steps for the purposes of this Act may be con-

25 sidered as settled and concluded.

4. On the conclusion of the preliminary steps as aforesaid, provisional
the clerk of the municipality may call together the warden or board of
mayor, as the case may be, of all municipalities that are *'"^'^^^-
parties to such agreement, who shall form a provisional board

30 of trustees for the purposes of this Act, and who shall con-
tinue to act during their term of office and until their
successors in office are appointed or until the municipalities
which they represent, by by-law, supersede their appointment
by the appointment of other persons to qict in their behalf.

35 The Board of Trustees shall consist of not more than three
persons from each^municipality concerned in the sanatorium,

or where only one municipality is concerned, of not more than
five trustees.

Grant in aid
of eanatoria.

5. The Lieutenant-Governor in Council may grant for the
erection of each sanatorium, whether erected by one muni-
cipality or by the joint action of two or more municipalities,
one-fifth of the sums expended on the site, buildings and equip-
ment, provided such sum shall not exceed four thousand dol-
lars ($4,000 ), said sum to be charged upon the Consolidated
Revenue of the Province.

Payment of

maintenance

fees.

6. The treasurer of any municipality shall be required to lO
pay monthly to the treasurer of the said board of trustees the
sura of $1.50 per week for the maintenance and support of
each person from such municipality whose admission to the
sanatorium is approved of in writing by the local board of
health or chief medical health officer of that municipality and 1.5
a similar sum may be paid to the treasurer of the said board
on the order of the Lieutenant Governor in Council out of any
moneys set apart by the Legislature for that purpose. Pro-
vided that the payment of any money out of Provincial funds
under this section shall be subject to such regulations as to 20
inspection and management as may be made by the Lieuten-
ant-Governor in Council.

Approval of
site, etc., by
Provincial
Board of
Health.

7. Whenever the trustees of any sanatorium have selected
a site for such sanatorium and have agr. ed upon plans for the
buildings to be erected thereupon, the site so selected and the 25
plans so prepared shall be submitted for the approval of the
Provincial Secretary, who shall submit the same to the Pro-
vincial Board of Health for report, and no further steps shall
be taken or expenses incurred for the purposes of this Act
until the site and plans as aforesaid shall be approved by the ^^
Provincial Secretary. Any additions or extensions to any
sanatorium shall be subject to like conditions.

Acquiring site
outside the
municipality.

8. Whenever a municipal council deems it desirable for any
reason that a sanatorium should be located outside the district
for which it is to be established such board may recommend the 35
acquiring of a site outside such district subject to the condi-
tions set forth in section 7 hereof ; and nothing in the Public
Health Act or any other Act shall prevent the acquiring of
any site approved by such council and by the Lieutenant-
Governor in Council for the purpose of a sanatorium. 40

By laws, ^- ^^ ^ase a petition signed by 150 qualified municipal elect-

submitting to ors of any municipality is presented to the council of such muni-
ratepayers. cipality asking that a by-law be submitted to provide funds
for the acquiring of land and the erection of a sanatorium as
provided under this Act, it shall be the duty of such council to 45
submit to the vote of tne municipal electors of such munici-
pality a by-law for the purposes aforesaid : and the said coun-

cil shall forthwith prepare such by-law in accordance with the
prayer of the petition and shall submit the same to the said
electors at the next ensuing municipal election.

10, The payment of the per capita grant to a sanatorium by Regulations as
5 order of the Lieutenant-Governor in Council shall be subject to *" p^'^ cmpHa
such regulations regarding inspection and management as may ^""'"
be defined in any Order-in-Council from time to time passed
for that purpose.

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No. 213.] T^TT T [ 1^^^-

BILL.

An Act respecting Municipal Sanitoria for
Consumptives.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Subject to the provisions of this Act, any municipality Establishment
or any two or more municipalities in this Province may estab- ?J sanitona
lish a sanitorium for the treatment of consumptives, and may cipalities.
for that purpose acquire lands and interests therein and erect

and equip buildings and other improvements thereon, and do
such other things from time to time as may be necessary to
complete, maintain and operate such sanitorium and carry out
the objects and requirements of this Act.

2. Any municipality may procure or join another or others Joint action
in procuring plans of proposed buildings and improvements ^y *'^*' ^"^ .

■'■ ^ ■*■ ''- mors muni-

for a sanitorium and estimates of costs and such other infor- cipalities.
mation upon the subject (including a proposed site) as may
seem desirable, and any two or more municipalities may con-
fer together, by such representatives as their councils may,
appoint, with a view to agreeing upon a basis for establishing
a joint sanitorium, and they may enter into a provisional
agreement respecting the same.

3. If one municipality only is establishing the sanitorium, Approval of
a provisional by-law respecting the same shall be passed, and plans^site,
the plans, estimates, and the said provisional by-law or said Provincial
provisional agreement, as the case may be, and the proposed Secretary,
site (which may be anywhere within the Province) shall be
submitted to the Provincial Secretary, who shall submit the

same to the Provincial Board of Health for report. Upon re-
ceiving the report of the Board of Health the Provincial Secre-
tary may approve of the plans, estimates, provisional by-law
or agreement as the case may be, and the site ; subject, how-
ever to such modifications and alterations as he may think
best.

4. Upon such approval being given, the council of the muni- By-laws for
cipality, or of each of the municipalities concerned, as the case garv"funds*^
may be, may from time to time pass by-laws to raise the moneys
proposed to be paid or contributed by such municipality in

respect of the original cost of the sanitorium, or of the cost of
extensions, alterations and additions, and to issue debentures
therefor. The provisions of The Municipal Act respecting by-
laws creating debts and voting thereon by electors, and all other
provisions of the said Act applicable thereto, shall apply.

By-laws for 5. Upon the said by-law or by-laws being passed as above

establishment provided for, the municipalitv or municipalities concerned may

oi S£iiiiu0n& i^ ' ' •/ 1 */

pass by-laws to establish the sanitorium, or to enter into the
agreement to establish a joint sanitorium, as the case may be,
in accordance with the approval given by the Provincial Secre-
tary above provided for; and, upon by-laws being passed to
raise the moneys proposed to be paid or contributed in respect
of the cost of extensions, alterations and additions, the ap-
proval by the Provincial Secretary of the> plans thereof shall
be obtained in the same way as provided for with respect to
approval of the original plans, and upon such approval being
given, the extensions, additions and alterations may be pro-
ceeded with by the municipality or municipalities concerned.

Board of

trustees.

6, The by-law or agreement establishing a sanitorium or a
joint sanitorium, as the case may be, shall provide for the
appointment of a board of not less than five trustees to take
charge of and manage the same. The qualifications, term of
office and quorum of the trustees, and the manner of appoint-
ing their successors or of filling vacancies, shall be declared in
the said by-law or agreement, and the trustees appointed from
time to time shall hold office until their successors are
appointed. The agreement for a joint sanitorium shall state
the proportion of the yearly costof maintenance, operations and
repairs to be borne by each municipality. The said by-law or
agreement may also define the terms and conditions on which
patients may be admitted into the sanitorium, and contain such
other particulars as may be thought best.

7. The trustees and their successors shall be a corporation
under the name of " The Trustees of (here name the sanitor-
ium)," and they shall be free from all personal responsibility
for acts done within the scope of their authority as such
trustees. They shall have such powers and duties as are con-
ferred by this Act, and such other powers and duties not in-
consistent with this Act as may be conferred upon them by
the said by-law or agreement as the case may be, or by any
future by-law or agreement passed or entered into with the
approval of the Provincial Secretary.

Chairman and 8. The trustees shall elect yearly one of their number to be
''^^r chairman of the board, to hold office for one year and there-

after until his successor as chairman is elected. A vice-chair-
man niay also be similarly elected.

Property 9. The lands and personal property acquired from time to

trustees." ^^^^ ^r the sanitorium shall be conveyed to and vested in the

Trustees,
powers and
duties.

trustees for the uses and purposes thereof, and if proceedings
for the expropriation of the site of a joint sanitorium become
necessary such proceedings shall be taken on behalf of the
municipalities concerned in the name of the trustees, and for
the purpose of such expropriation and the proceedings thereon
and connected therewith the provisions of The Municipal Act
shall apply, and the trustees shall have with respect thereto
all the rights and powers of the council of a city or town, and
the proceedings shall be the same, as far as applicable, as if
they were taken by the council of a city or town.

10. The trustees shall, subject to the terms of the by-laws Property, etc.,
or agreements relating thereto, and to regulations made by the control of
Lieutenant-Governor in Council as hereinafter provided for, trustees.
have the control and management of the erection of the build-
ings and improvements and of the operations and maintenance

of the sanitorium and of all matters and things connected
therewith or relating thereto, and may from time to time make
rules and regulations respecting the same not inconsistent with
the terms of the said by-laws or agreements or of this Act, or
of regulations made, or to be made, by the Lieutenant-Governor
in Council hereunder.

11. The Lieutenant-Governor in Council may from time to
time make regulations respecting the inspection and manage-
ment of the sanitorium, and such regulations shall take effect
and be complied with, notwithstanding the terms of any regu-
lations made by the trustees, which, so far as inconsistent with
those made by the Lieutenant-Governor in Council, shall be
and become inoperative.

12. The Lieutenant-Governor in Council may grant to the Grant from
trustees of any sanitorium one-fifth of the cost of the site, towards^
buildings, improvements and equipment, extensions, additions establishment,
and alterations, provided such grant shall not exceed with

respect to any one sanitorium the sum of $4,000 in all. All
sums granted hereunder are to be paid out of the consolidated
revenue of this Province.

13. The Lieutenant-Governor in Council may, out of any Aid to main-
moneys voted by the Legislature for the purpose, pay to the t^na»?ce from
trustees of any sanitorium, towards the maintenance and sup-
port thereof, a sum at the rate of SI. 50 per week for each

patient therein from time to time, and the treasurer of the
municipality (not having established, or not being a party to
the agreement establishing the sanitorium) in which a
patient was domiciled at the time of admission, and who
has been admitted with the approval of the council of such
municipality, shall, out of the moneys of the municipality,
pay to the trustees a sum at the rate of $1.50 per week for
each patient.

Annual rates.

Proviso.

Exemption

from

taxation.

14. The municipality or municipalities establishing a sani-
torium or joint sanitorium, as the case may be, shall, with the
yearly rates and in the proportions provided for in the agree-
ment, levy such moneys as may be required to meet the bal-
ance of the cost of maintenance, operations and repairs of the
sanitorium for the year, and shall from time to time pay over
the same to the trustees. Provided always that nothing
herein contained shall authorize the trustees to incur any
liability or expenditure not authorized by the terms of the
by-law or agreement establisiiing the sanitorium or by by-law
or resolution of the municipalities concerned. Provided also
that nothing herein contained shall prevent the municipality
or municipalities establishing a sanitorium from closing the
same at any time or times, either temporarily or permanently.
Provided also that if a sanitorium be closed. for a period of

consecutive months the Legislature may make pro-
vision for the sale or other disposition of tJhe sanitorium and
the properties and effects thereof and for the application of
the proceeds, and may make such other provisions relating
thereto as to it may seem just.

15. The real and personal properties acquired for a .sani-
torium and vested in the trustees shall, so long as the same are
so vested, be exempt from all municipal or other taxation,

Accepting
donations.

16. The trustees may accept from any person or corpora-
tion donations of money, goods or otherwise, for the uses of
the sanitorium, and may apply the same in accordaiJce with
the terms of the donations.

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No. 213.] HIT T '-^^^^'

An Act respecting Municipal Sanitoria foi*
Consumptives.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Subject to the provisions of this Act, any municipality Estab'ishment
or any two or more municipalities in this Province maye^ftab- «f sanitoria
lish a sanitorium for the treatment of consumptives, and may cipalities.
for that purpose acquire lands and interests therein and erect

2. Any municipality may procure or join another or others joint action
in procuring plans of proposed buildings and improvements '^y *^°''*'.

n mors luuni-

for a sanitorium and estimates of the cost and such other infor- cipaliti' s.
mation upon the subject (including a proposed site) as may
seem desirable, and any two or more municipalities may con-
fer together, by such representatives as their councils may,
appoint, with a view to agreeing upon a basis for establishing
a joint sanitorium, and they may enter into a provisional
agreement respecting the same.

3. If one municipality only is establishing the sanitorium, Approval of
a provisional by-law respecting the same shall be passed, and pla"". ''I'e,
the plans, estimates, and the said provisional by-law or said Provincial
provisional agreement, as the case may be, and the proposed Secretary,
site (which may be anywhere wdthin the Province) shall be
submitted to the Provincial Secretary, who shall submit the

4. Upon such approval being given, the council of the muni- By-laws for
cipality, or of each of the municipalities concerned, as the case ^^^^^^s neces-

1 /• 1- , i' 11 , -11 sary funds.

may be, may Irom time to time pass by-laws to raise the moneys
proposed to be paid or contributed by such municipality in

By-laws for
eBtablisbment
of sanitoria.

respect of the original cost of the sanitorium, or of the cost of
extensions, alterations and additions, and to issue debentures
therefor. The provisions of The Municipal Act respectinor by-
laws creatin.iT debts and voting thereon by electors, and all other
provisions of the said Act applicable thereto, shall apply.

5. Upon the said by-law or by-laws being passed as in the
preceding section is provided for, the municipality or munici-
palities concerned may pass by-laws to establish the sanitorium,
or to enter into the agreement to establish a joint sanitorium,
as the case may be, in accordance with the approval given by
the Provincial Secretary above provided for; and, upon by-laws
being passed to raise the moneys proposed to be paid or con-
tributed in respect of the cost of extensions, alterations and
additions, the approval by the Provincial Secretary of the
plans thereof shall be obtained in the same way as provided
for with respect to approval of the original plans, and upon
such approval being given, the extensions, additions and
alterations may be proceeded with by the municipality or
municipalities concerned.

Board of
trustees.

6. The by-law or agreement establishing a sanitorium or a
joint sanitorium, as the case may be, shall provide for the
appointment of a board of not less than five trustees to take
charge of and manage the same. The qualifications, term of
office, «s,which shall not exceed fi\e years, "^^and quorum of
the trustees, and the manner of appointing their successors
or of filling vacancies, shall be declared in the said by-law
or agreement, and the trustees appointed from time to time
shall hold office until their successors are appointed. The
agreement for a joint sanitorium shall state the proportion
of the yearly cost of maintenance, operations and repairs to
be borne by each municipality. The said by-law or agreement
may also define the terms and conditions on which patients
may be admitted into the sanitorium, and contain such other
particulars as may be thought best.

Trustees, 7. The trustees and their successors shall be a corporation

duties^ *"'^ under the name of " The Trustees of (here name the sanitor-
ium)," and they shall be free from all personal responsibility
for acts done within the scope of their authority as such
trustees. They shall have such powers and duties as are con-
ferred by this Act, and such other powers and duties not in-
consistent with this Act as may be conferred upon them by
the said by-law or agreement as the case may be, or by any
future by-law or agreement passed or entered into with the
approval of the Provincial Secretary.

Chairman and 8. The trustees shall elect yearly one of their number to be
^^^: chairman of the board, to hold office for one year and there-

after until his successor as. chairman is elected. A vice-chair-
man may also be similarly elected.

9. The lands and personal property acquired f'roai time tj Proiiorty
time for the sanitorium shall fee conveyed to and vested in the trustees.
trustees for the uses and purposes thereof, and if proceedings

for the expropriation of the site of a joint sanitorium become
necessary such proceedings shall be taken on behalf of the
municipalities concerned in the name of the trustees, and for
the purpose of such expropriation and the proceedings thereon
and connected therewith the provisions of The Municipal Act
shall apply, and the trustees shall have with respect thereto
all the rights and powers of the council of a city or town, and
the proceedings shall be the same, as far as applicable, as if
they were taken by the council of a city or town.

10. The trustees shall, subject to the terms of the by-laws Property, etc.,
or agreements relating thereto, and to regulations made by the co^trol"(f/'^
Lieutenant-Governor in Council as hereinafter provided for, trustees.
have the control and management of the erection of the build-
ings and improvements and of the operations and maintenance

13. The Lieutenant-Governor in Council may grant to the Grant from
trustees of any sanitorium one-fifth of the cost of the site, towards
buildings, improvements and equipment, extensions, additions establishment,
and alterations, provided such grant shall not exceed with
respect to any one sanitorium the sum of S4,000 in all. All
sums granted hereunder are to be paid out of the consolidated
revenue of this Province.

13. The Lieutenant-Governor in Council may, out of any Aid to main -
moneys voted by the Legislature for the purpose, pay to the p"ov°nce*'^*'™
trustees of any sanitorium, towards the maintenance and sup-
port thereof, a sum at the rate of $L50 per week for each
patient therein from time to time, arid the treasurer of the
municipality (not having established, or not being a party to
the agreement establishing the sanitorium) in which a
patient was domiciled at the time of admission, and who
has been admitted with the approval of the council of such
municipality, shall, out of the moneys of the municipality.

Annual rates.

ProviBO.

Proviso.

Exemption

from

taxation.

Accepting
donations.

pay to the trustees a sum at the rate of $1.50 per week for
each patient,

14. The municipality or municipalities establishing a sani-
toriura or joint sanitorium, as the case may be, shall, with the
yearly rates and in the proportions provided for in the agree-
ment, levy such moneys as may be required to meet the bal-
ance of the cost of maintenance, operations and repairs of the
sanitorium for the year, and shall from time to time pay over
the same to the trustees. Provided always that nothing
herein contained shall authorize the trustees to incur any
liability or expenditure not authorized by the terms of the
by-law or agreement establishing the sanitorium or by by-law
or resolution of the municipalities concerned.

15. Nothing in this Acl contained shall prevent the munici-
pality or municipalities establishing a sanitorium from clos-
ing the same at any time or times, either temporarily or
permanently.

16. If a sanitorium be closed for a period of nine con-
secutive months the Legislature may make provision for the
sale or other disposition of the sanitorium and the properties
and effects thereof and for the application of the proceeds,
and may make such other provisions relating thereto as to
it may seem just.

17. The real and personal properties acquired for a sani-
torium and vested in the trustees shall, so long as the same are
so vested, be exempt from all municipal or other taxation,

18. 'I he trustees may accept from any person or corpora-
tion donations of ^property, real or personal, whether by will
or otherwise,"®* for the uses of the sanitorium, and may apply
the same in accordance with the terms of the donations.

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No. 214.] TDTT T [1900,

BILL.

An Act to amend the Agricultural and Arts Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 34 of the Act to airiend the Statute Law passed 52 v, (2) c. 11,
5 at the second session held in the 62nd year of Her Majesty's s. 34 amended,
reign, chaptered 11, is amended by inserting after the word
"exhibitions" in the second line of paragraph la, and the lifth Sngrfor'ex"^
line of paragraph 3a, and the first line of paragraph 5a, tension of fair
respectively, the words " or for an enlargement of such site or ^'■°"°^^-
10 for means of access thereto."

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No. 215.]

BILL

[1900.

An Act to amend The Municipal Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. (1) Except in the case of towns withdrawn from the Separating
5 county, the county council of any county or union of counties j^^^ towns
upon the application of the owner or owners of lands wholly and villages,
used for farming purposes lying within the limits of any town
or incorporated village situate in the county may by by-law
withdraw such lands, or any portion thereof, from the said

10 town or village, and annex the same to some adjoining muni- .
cipality, upon such terms as may have been agreed upon be-
tween the council of such adjoining municipality and that of
the said town or village and the owners of the said lands, or
in case of dispute upon such terms as may have been deter-

15 mined by the county judge, whose award shall be final.

(2) The by-law shall define, by metes and bounds the new New limits to
limits intended for such town or village, but the town or vil- ^^ defined,
lage shall not by such change of boundaries be reduced in
population below the number of 750 souls.

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No. 216.]

BILL.

[1900.

An Act to amend The Assessment Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 224 of The Assessment Act is amended by adding Rev. Stat.
5 thereto the following,— amended.^^'

(2) In all cases heretofore, in Cities and Towns, where the Recovery of
taxes accrued on anv lands havQ been returned ag-ainst the \^^^^ where

. 1 1 n . ■ • 1 L> 1 duties of col-

said lands, m any previous year or years, and form, or have lectors, etc.,
10 formed a lien upon said lands, under Section 149 of this Act, °ot performed
thAi, notwithstanding the fact that the Collectors, Treasurers
or Clerks for such years have omitted to perform any of the
duties required of them by the said Act, the Municipality may
enforce such lien and such taxes may be recovered by suit,
15 from any person assessed for the property during such year or
years, and who ought to pay the same, and upon failure to
collect by suit from the parties assessed or who ought to pay
the same, the Municipality may place the arrears on the
Collector's Roll with other taxes for any subsequent year and
20 collect the same in the usual way, provided for by the said
Act, for other taxes, and in default, may sell the lands, in the
manner provided in the said Act.

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No. 217.J JU f { [1900.

BILI.

An Act to amend The Municipal Act.

HER MAJESTY, by aud with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Section 274 of The Municipal Act is repealed and the K,ev. Stat. c.
following substituted therefor : — , repealed.

274. The head of the council, or presiding officer, or chair- gjf^o ^^^6°"'^"
man of any meeting of any council may vote with the other casting vote,
members on all quejitions. In the event of a tie the head,
presiding officer, or chairman shall have a second or casting
vote. See s. 276, s.s. 3.

2. Section 375 of the said Act is amended by striking out ^^J- ^iti' °'
the words " the publication shall for the purpose aforesaid be amended,
continued " and substituting therefor the words " the said copy

and notice shall for the purpose aforesaid be inserted."

3. Subsection 1 of section 397 of the said Act is amended Rev. Stat. c.
by striking out the words " the publication shall for the pur- ^' ^j^^^
pose aforesaid be continued " and substituting therefor the

words " the said notice shall for the purpose aforesaid be in^
serted."

4. — (1) Subsection 1 section 549 of the said Act is hereby Rev. Stat, c,
amended by inserting after the word " posting " in the first line 2^^' \^j^
of said section, the words 'or exhibiting" and by inserting
after the word " placards '' in the said first line thereof the
words . " Play bills or posters " and by inserting before the
words " or pictures " in the second line thereof the word
" photographs."

(2) Section 549 of the said Act is further, amended by add-
ing the following subsection after subsection 8 :

(8a..) — (1) For preventing the production or giving of any Immoral
immoral or indecent play, sketch or performance in any theatre, P^*y^-
hall or other public place of amusement or entertainment.

(2) It shall be lawful for any such by-law in addition to any
penalty lawfully imposed to provide for any Inspector of
Police, (Jonstable or Officer upon the written instructions of
Chief of Police, the acting chief cf police or the chairman of

the Board of Police Commissioners to enter any theatre, hall
or~other public place of amusement or entertainment and if
at the request of such inspector, constable or officer such im-
moral play, sketch or performance is not forthwith stopped to
apprehend the performer or performers without warrant and
carry him or them as soon as practicable before a Justice of
the Peace. See Liquor License Act, sect. 132, subsect. 2.

5. Subsection 10 of section 583 of the said Act is hereby

Rev. Stat. c.

amended amended by inserting the words "theatres, m sic halls, skating

rinks" after the word " pro6t " in the second line of the said

subsection.

Rev. Stat. 6. Subsection 37 of section 583 of the said Act is amended

B b^^37 ^^^' ^y adding thereto the words " and for regulating and licensing
the drivers of cabs and other vehicles for hire."

Rev. Stat. 7. Subsection 3 of section 606 of the said Act is amended

(3), amended ^J striking out the words "this section," occurring in line 2,

and substituting therefor the words " the preceding subsection."

Rev. Stat.
c. 223, 8. 632,
subs. 2,
amended.

8. Subsection 2 of section 532 of The . Municipal Act is
amended by striking out the words " the by-law " in the 8th
line of the said subsection, and inserting instead the words :
" a copy thereof certified under the hand of the clerk and the
seal of the municipality."

Rev. Stat. 9. Subsection 1 of section 633 of The Municipal Act is

8ubs\^^"^^' ^.mended by inserting the words "or copy" after the word
amended. " original " in the 8th line of the said subsection.

Rev. Stat,
c. 223,
amended.

meruit.

10. The Municipal Act is amended by adding thereto the
following as section 672a :

Settling with 672a. Every municipal council shall have power to pass a
contractors for t)y.law to agree and settle as upon quantum meruit with any
ments as ni>on Contractor or contractors for any work which has been done
quantum qj. shall be done as a local improvement, where such council
shall consider the work to have been performed sufficiently for
the purposes of such local improvement although not in strict
compliance with the contract, and the amount so agreed upon
and fixed shall be the amount or part of the amount, as the
case may be, for which an assessment may be made upon the
properties benefited by such local improvement ; and this
clause shall apply to all work heretofore done, as well as to
future work.

Rev. Stat,
c. 223, 8. 569,
subs. 5,
amended.

11. Subsection (5) of section 569 of The Municipal Act is
hereby amended by substituting the word "with" for the word
"and" in the fourth line and by striking out the words "has
been published for two months " in the fifth and sixth lines
of the said subsection.

13. Subsection (4) of section 565 of the said Act is amended Rev. Stat,
by adding thereto the following words: "nor shall any lease gubs. 4^"
be granted for any merely nominal rental or as a bonus or by amended,
way of substitution for a bonus or at a rental which does not
represent the fair and reasonable value of the water privileges
and lands so leased unless with the approval of two-thirds of
the ratepayers under the provisions of this Act relating to
granting a bonus in aid of manufacturing industries

13. Subsection (4c) of section 566 is amended by adding Rev. Stat,
thereto the following : Provided that no contract or lease forgubg. 4c.'
the supply of power shall be entered into hereunder for aamende^,
longer period than one year and no such supply of power shall

be granted by way of bonus or at a price or rental which does
not reasonably and fairly represent at least the cost price
thereof to the municipality.

14. Subsection (I) of section 565 is amended by inserting Rev. Stat,
after the words "water privileges" in the fifth line thereof g„bf.\*" ^^'
the words " or any lands to be exchanged for such lands amended,
adjacent to any such water privileges."

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No. 218. T3TT T [190^

BILL.

An Act to amend the Act respecting Cheese and But-
ter Manufacturing Associations and Companies.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Subsection 1 of section 17 of the Act respecting Cheese and Rev. Stat.
5 Butter Manufacturing Associations and Companies is re- anfe^nded^^'^'
pealed and the following substituted therefor :

" Every association ' incorporated under this Act shall have Powers of
power to purchase or lease lands or buildings necessary for asTo'lands*
carrying on its business, and to sell or otherwise dispose of the
10 same when no longer required for the purposes of the associa-
tion ; and shall also have power to raise money by mortgage
upon the real and personal property of the association.

3. Subsection (3) of said section 17 is amended by striking Rev. Stat,
out the word " or " in the first line and inserting in place g^b^.^'s^" ^^'
15 thereof the following words, " and no such mortgage or sale." amended.

3. Section 17 of the said Act is hereby amended by adding Rev. Stat,
thereto the following : amended.^'^'

(4) All sales or leases of land or buildings heretofore made
by any association incorporated under this Act, with the ap-
20 proval of a majority of the shareholders thereof, are hereby
confirmed and declared to be valid.

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No. 219.]

BILL.

[1900.

An Act to amend The Public Health Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 28 of The Public Health Act is amended by strik- Rev. Stat.
5 ing out the words " 150 yards" where the same occur in the am/nded.^ '
said section and inserting in lieu thereof the words " 200
feet."

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No. 220.] T)TT r l^-^^^^^-

BILL.

An Act to amend Chapter 250 R. S. O., 1897,
entitled " An Act respecting the slaughtering of
cattle and the inspection of meat and milk supphes
of Cities and Towns."

HER MAJESTY, by and with the advice and cocsent of
the Legisljxtive Assembly of the Province of Ontario,
enacts as follows : —

1. Section 2 of The Act respecting the ^Slaughtering o/Kev. Stat.
5 Cattle and the Inspection of Meat and Milk Supplies of Cities amended ^'
and Towns, is amended by adding thereto the following sub-
section :

(3) The Municipal Council of an City or Town may aid and Aid to
assist in the construction by private persons or companies of hou^g'^and

\Q any such public slaughter house or abattoir and cattle yards and cattle yards,
pens, by a grant of money either by way of bonus or annual
arrant and may borrow money for such purposes and issue de-
bentures to secure the repayment thereof without the necessity
of submitting of any by-law in connection therewith to or

15 obtaining the assent thereto of the electors of such muni-
cipality, before the final passing^thereof.

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No. 221.] "DTT T [^^^^

BILL.

An Act to amend the Act for the Prevention of
Accidents by fire in Hotels and other Like
Buildings.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 2 of The Act for the Prevention of Accidents by Rev. Stat.
5 Fire in Hotels and other Like Buildings is hereby amended anfended.
by adding thereto the following as sub-section 3 thereof : —
" Provided, however, that such owner, lessee or proprietor, as
referred to in sub-section 1, shall not be required to erect or
cause to be erected, such stairway or ladder if he shall provide
10 and keep on each of the flats above the ground floor such a
fire escape for the use of guests occupying the same as will
meet the approval of the inspector.

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No. 221.] TVT T T [1900.

An Act to amend The Act for the Prevention of Acci-
dents by Fire in Hotels and other Like Buildings.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

Subsection (2) of section 3, of The Act for the Prevention of^^y- Stat.
Accidents by Fire in Hotels and other Like Buildings is S3.^2^^amended
amended by adding thereto the following, " Provided that the
provisions of this subsection shall be deemed to be sufficiently
complied with by the substitution for the rope therein men- .
tioned with the approval of the Inspector, of the fire escape ^ r^
known as ' the Natural Drop Fire Escape ' consisting of a ural Urop
cylindrical casing made of canvas or any other suitable mater- ^^^^ Escape
ial and provided at the top with a metal ring supported by ^^^™^
chains from the window, the lower portion of the casing
extending into proximity with the ground."

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No. 222.] "RTT.T. [190«-

BILL.

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 27 of The Municipal Act is hereby amended by Rev. Stat.
5 adding after the word " town " in the first line of said section °; '^\\^'^'
the following words, " containing by the last municipal census
at least five thousand inhabitants.

3. Subsection 2 of the said section 27 of ^ihe Municipal Rev. Stat.
Act is hereby amended by adding at the end of said section subs.\^" ^'^'

10 the following words : " Provided that no such town shall in amended,
any case be allowed the value of any interest it may have in proviso,
any county property unless the council of the county in which
the said town is situated ratifies and confirms the by-law of
such town withdrawing from the county, such ratification and

20 confirmation to be made by by-law of the council of such
county."

3. Subsection 1 of section 58 of The Municipal Act is Rev. Stat.
hereby amended by adding at the end of such subsection the °- 223, c. 58,
following words : " Provided that in no case shall such city, amended.

15 town or village be entitled to receive from or be paid by the Proviso,
county any sum whatever for the value of the interest which
at the time of making such addition the added territory had in
the property and assets of the county, unless the county has
passed a by-law ratifying and approving of such annexation

20 of territory to such city, town or village."

4. Subsection 526 of The Municipal Act is hereby amended Rev. Stat,
by erasing from the first two lines of subsection 1 of such °' P'K ^' ^^®'
subsection the following words : " Any two of Her Majesty's ' '
Justices of the Peace or of the inspector appointed as afore-

2.5 said," and inserting in lieu thereof the following words : " any
member of the county council or any person authorized for
that purpose by by-law of the county council."

5. Section 32 of the Act passed in the 62nd year of Her 62 V. (2)
Majesty's reign, chaptered 26, is hereby amended by striking amended^^'

30 out of the said section the second and third subsections
thereof.

Rev. Stat. 6. Section 574 of The Municipal Act is hereby amended by

amended. ' adding thereto the following subsection :

By-law for (la) For exempting from municipal taxation all lands on

forest^lands "^^i^h are growing forest trees, whether the same are of
from taxation, natural growth or are planted by the owner or occupier of 5
such lands.

Rev. Stat.
c. 223, 8. 534,
subs. 3,
amended.

7. Subsection 3 of section 534 of The Municipal Act is
amended by inserting the word " city " after the words " any "
and " such " in the first and fourth lines thereof respectively,
and after the word " such " in the second line of clause (a) of 10
said section.

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No. 223.]

BILL.

[1900.

An Act to amend The Municipal Arbitrations Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 2 of The Municipal Arbitrations Act is hereby Rev. Stat.
5 amended by adding thereto the following sub-section : anfe^nded.^'

(la) Notwithstanding anything contained in The Municipal Appointment
Act, or any other Act, in all cases where, under the provisions trato^r^f thSd
of any statute, arbitrations are necessary, and it is provided arbitrator or
that a third arbitrator or umpire shall be appointed by the "™p^''^-
j^Q arbitrators appointed by the parties, or by a judge of the
High Court, or of the County Court, or by the Lieutenant-
Governor in-Council, such third arbitrator or umpire shall be
the official arbitrator.

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No. 224] TiTT T ^^^^^^'

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of the
the Legislature Assembly of the Province of Ontario,
enacts as follows :

1. The Municipal Act is amended by adding thereto the fol- Rev. Stat.,
^ lowing section as section 716. amended,

71 (6) (1) The council of any city having a population of By-laws for
more than 15,000 may by by-law provide that the council of aldermen by
such city shall be composed of a mayor and twelve aldermen, general
to be elected by general vote,>nd may further in and by such of*iVooo! ^^^

^^ by-law provide that an additional number of aldermen, not
exceeding two for every 5,000 of the population, may be so
elected, and may further, in and by such by-law, provide that
the mayor elected at the next general municipal election and
his successors respectively shall hold office for two years, and

^^ until his successor is elected and that of the aldermen elected at
the first election held under the said by-law, one-half in number
shall retire at the general municipal election held next thereafter,
and the remaining half shall continue in office for two years,
and until their successors are elected, and that the successors

^^ to the aldermen so retiringjand the aldermen thereafter elected
shall be elected for two years.

(2) Such by-law shall not come into force unless and until "^^^^Q^g^*
it has first been submitted to a vote of the electors according
to the provisions of this Act in regard to by-laws requiring the
assent of the electors, but where, within one year of the passing
hereof, a vote of the electors has been taken, whether formally
or otherwise, upon the question of the abolition of the system
of electing aldermen by wards.*'and a majority of the votes so
cast has been m favour of such abolition, it shall not be neces-
sary to submit the by-law to the electors, unless the council
otherwise determine, but in such case the by-law may be
passed by the council and shall come into force and take effect
at the general"municipal election'held next after the passing
hereof.

^^ (3) For the purposes of this section the population of any Population
city shall be determined by the last census of the Dominion of ^"ing^^*"'
Canada. The persons entitled to vote^upon such by-law shall
be those entitled to vote at municipal elections.

Application
of section.

Proof of
qualification
to be furnish-
ed by candi-
dates before
nomination.

(4) The aldermen who shall retire at the end of the first
year after such by-law takes effect shall be determined by lot.

(5) This section shall apply to the cities above-mentioned,
notwithstanding anything contained in any Act of incorpora-
tion or other Act, but shall not affect the councils elected for 5
the present year.

2. Every person pi oposed for an office, the holder of which
is required to have a properly qualification shall on the day of
the nomination or on the following day, or when such last
named day is a holiday than on the succeeding day file in the 10
office of the Clerk of the Municipality, not later than five
o'clock in the afternoon, a statutory declaration that he pos-
sesses the necessary qualification and in default of so doing
such person shall be deemed to have retired and his name
removed from the list of candidates and shall not be printed 15
on the ballot papers.

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No. 225.] T>TT T [i^'^o

BILL.

An Act to amend The Ontario Shops Regulation

Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Subsection 4 of section 15 of The Ontario Shops Regula- R-v. stat.
5 tion Act is hereby amended by adding at the end of said l[^l'^' ^^'
subsection 4 the following words : — " or such tire escapes may amejided.
consist, with the approval of the Inspector, of a cylindrical
casing made of canvas or any other suitable material and pro-
vided at the top with a metal ring supported by chains from
10 the window, the lower portion of the caging extending into
proximity with the ground."

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^o. 226]. RTT T [i^^o

BILL.

An Act to amend The Ontario Companies Act.

HER MAJESTY by and with the advice and consent of the
Legislative Assembly of the Province of Ontario enacts
Its follows : —

1. Sub-section (a) of section 10 of The Ontario Companies Rev. Stat.
5 Act is amended by adding thereto the following proviso : " And c. 191, s. 10,
further provided that the name of a company which has not ^
made for three consecutive years the annual summary and Name of
statement of its affairs prescribed by this Act, may be given in defaulting
whole or in part to a new company, unless the defaulting be'grreifto'a^
10 company, after notice by the Provincial Secretary, shows to new company,
the satisfaction of the Lieutenant-Governor in" Council that it
is still a valid and subsisting corporation and entitled to the
sole use of its corporate name."

3. Section 22 of the said Act is hereby amended by adding Rev. Stat. ^
15 thereto the following sub-sections : — ainende^d^^'

6. The directors of a company which has heretofore issued
or may hereafter issue preference stock may, for the purposes
of cancelling such preference- stock or parts thereof, from time
to time, pass by-laws providing for the purchase or acquisition

20 by the company of such stock or parts thereof with the con-
sent of the holders, and for the cancellation of the stock so Cancellation
purchased or acquired, and for the reduction pro rata accord- of preference-
ing to the amount of stock so cancelled of any reserve set ^'ock.
apart, or required to be set apart, in respect of such preference-

25 stock, but no such by-law shall be valid or acted upon unless
and until the same has been sanctioned by a vote of at least
two-thirds in value of the shareholders of the company present
in person, or represented by proxy, at a special general meeting
duly called for considering the same, and unless and until such

30 by-law has been confirmed by supplementary letters patent.

7. At any time not more than three months after the sane- Supplement-
tion of such by-law by the shareholders as aforesaid, patent to con-
the company may petition the Lieutenant-Governor in fi"^ cancella-
Council, through the Provincial Secretary, for the issue

35 of supplementary letters patent to confirm the same. With
the petition, the company shall produce the by-law and
establish to the satisfaction of the Provincial Secretary, or of
such other officer as may be charged by him to report thereon,

the due passage and sanction of the by-law and the bona fide
character of the same, and thereupon the Lieutenant-
Governor in Council may by supplementary letters patent
confirm the by-law, and may, with the consent of the
Board of Directors of the Company, by the supple- 5
mentary letters patent add such terms and conditions thereto
as to him may seem proper, and thereupon from the date
of the supplementary letters patent the by-law with such
added terms and conditions, if any, shall be valid and may be
acted upon. Notice of the issue of supplementary letters patent 10
shall be given by the Provincial Secretary in the Gazette.

Use of word
" Limited "
in sif^ns on
offices.

Use of word
" Limited "
in other

Rev. Stat. 3. Section 23 of The Ontario Companies Act as amended by

•51 V^'/'i9^i ^^^ -^^^ passed in the sixty-first year of Her Majesty's reign,
89. 2-4; 62 v. chapter 19, and Sections 19 and 20 of the Act passed in the
20^' repealed^^' sixty-second year of Her Majesty's reign, chapter 11, are re- 15

pealed, and the following section is inserted in The Companies

Act in lieu thereof. •

(1) Wherever any office or place in which business of the
company is carried on is indicated by any sign, name or other
means on the outside thereof as being a place of business of 20
the company, the company shall keep in a conspicuous place
on such outside, in letters easily legible, the name of the com-
pany, with the word " Limited " as the last word of, or as the
first word after, such name, and the name of the company,
with the word " Limited " as the last word of, or the first word 25
after, such name, shall appear in a conspicuous position, and in
letters easily legible, —

(a) On its corporate seal ;

(b) In all advertisements and other official publications of
the company ; 30

(d) In all written contracts and undertakings of the
company ;

(e) In the company's signature to any bill of exchange,
proruissory note, endorsement cheque, order for 35
money or goods.

(2) It shall be the duty of the director, manager, officer or
other employe of the company who —

(a) Publishes or causes to be published any such adver-
tisement or other official publication ; 40

(6) Makes out or causes to be made out any such bill of
parcels or invoice ;

contract or undertaking ,

(d) Signs in the name of the company any such bill of 45
exchange, promissory note, endorsement, cheque,
order for money or goods —

to comply with the foregoing provisions of this section. Pro- Proviso,
vided that where the word " Company," " Club," " Associa-
tion " or other equivalent word forms part of the company's
corporate name the word " Limited " need not appear in full,
5 but an abbreviation thereof, of which the letters " 1 " and " d "
shall be the first and last letters, shall be sufficient. Provided Proviso,
also that where the word " Company," " Club," " Association "
or other equivalent word does not form part of the corporate
name the word " Limited " shall appear in full and in letters
10 of substantially the same size as the letters in the rest of such
name. Provided further that stamping, writing, printing or
otherwise marking upon goods, wares and merchandise of the
company, or upon packages containing the same, shall not be
deemed an advertisement within the meaning of this section.

15 (3) Every company and every director, manager, officer or Penalty,
other employee making default in complying with the fore-
going provisions of this section shall incur a penalty not
exceeding ten dollars for each and every offence. Provided Proviso,
that after having been convicted of an offence under this sec-

20 tion the offender upon a subsequent conviction for an offence
under this section shall incur a penalty not exceeding one
hundred dollars.

(4) This section shall not apply to any company not having Not to apply

gain tor its purpose or object where such company by its char- pany has not
25 ter of incorporation is declared to be exempt from the provi- Rain for its
sions thereof or to any company not having gain for its ° •'°° '
purpose or object which, on proof thereof being shown to the
Lieutenant-Governor in Council is of, from and after the date to
be set forth in the order of the Lieutenant-Governor in Council
£0 in that behalf declared to be exempt.

(5) The prosecution or proceeding to recover a penalty for Limitations of
an offence against the foregoing provisions of this section shall prosecutions,
be commenced within six months after the offence has been
committed and not afterwards.

35 (6) All liabilities and penalties heretofore incurred by any Remission of
company or director, manager, officer or other employe of any j^eretofore
company for breach or non-observance of any provision of any incurred,
statute relating to the use of the word " Limited " or any
abbreviation thereof are hereby released and discharged.

40 Provided, however, that this sub-section shall not apply to Proviso.
any action or other proceeding in which judgment has hitherto
been rendered. Provided also that in any pending action or
other proceeding the Court in or before which the same is
pending may make such order as to costs as to such Court

45 may seem just.

4. Sub-section 6 of section 79, of the said Act is hereby Rev. Stat,
amended by striking out the words " at the proper time out of °- }^\^' ^^'
this Province or otherwise " in the third and fourth lines amended,
thereof.

Rev. Stat.
c. 191, s. 95,
amended.

Regulation of
fees on
returns, etc.

5. Section 95 of the said Act is hereby amended by adding
thereto the following sub-section :

(4) The Lieutenant-Governor in Council may, in his discre-
tion and from time to time, establish, alter and regulate the
tariff of the fees to be paid by the company upon tendering or 5
transmitting to the Provincial Secretary any return, by-law or
other document required by this Act or by any Act incorporated
herewith to be tiled with the Provincial Secretary, and there-
after no tender or transmission of such return, by-law or other
document shall be deemed to be a due compliance with the 10
provisions in that behalf unless and until the prescribed fee
for receiving and filing the same has been paid to the Provin-
cial Secretary.

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No. 227.J "DTT T [1900

BILL.

An Act to amend The Ontario Factories Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Subsection 8 of section 21 of "The Ontario Factories Rev . St&t.
g Act," is repealed and the following substituted therefor : tnb^e's ^^'

(3) Every factory three or more stories in height in which "^^P^^^®*^-
persons are employed above the second story, unless supplied *''''® escapes.
with a sufficient number of tower stairways with iron doors,
shall be provided with a sufficient number of fire escapes ; such

jQ fire escapes shall consist of an iron stairway with a suitable
railing and shall be connected with the interior of the building
by iron doors or windows with iron shutters and shall have
suitable landings at every story above the first, including the
attic if the attic is occupied as a work room ; or such fire

Y^ escapes may consist, if approved of by the Inspector, of a cylin-
drical casing made of canvas or any other suitable material
and provided at the top with a metal ring and supported by
chains from the window, the lower portion of the casing ex-
tending into close proximity with the ground ; and such fire

2Q escapes shall be kept in good repair and free from obstruction
or incumbrance of any kind ; but any of the requirements of
this subsection may be dispensed with in any factory if the
Inspector so directs.

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No. 228.] "RTT T ^^^^^"

An Act respecting the Fisheries of Ontario.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :—

1. This Act may be cited as The Ontario Fisheries Act, qk^,* +,-«,i^

1900. 'Short title.

5 3. This Act, and the respective provisions thereof, and the Application
regulations hereby authorized, shall apply to all fishing and ^ ^ '
rights of fishing, and all matters relating thereto, i» respect of
which the Legislature of Ontario has authority to legislate for
the purposes of this Act, but shall not authorize, nor shall any
10 lease, license or permit issued hereunder, or in pursuance of
regulations made hereunder, authorize or be deemed to author-
ize any interference with the navigation of any navigable
waters. R. S. O. c. 288, s. 2.

3. Where the following words and expressions occur in this Interpreta-
15 Act, and in any regulations hereby authorized, they shall be '°°'
construed in the manner hereinafter mentioned, unless a con-
trary intention appears : —

" Crown

(1) " Crown Lands " shall mean and include such ungranted Lands."
Crown, or public lands, or Crown domain, as are within and

20 belong to the Province of Ontario, and whether or not any
waters flow over or cover the same.

(2) " Water," or " waters," or " Provincial water," or " Pro- "W^'ters.
vincial waters," shall mean and include such of the waters of

any lake, river, stream or water-course wholly or partially
2i) within the Province over or in respect of which the Legisla-
ture of this Province has authority to legislate for the pur-
poses of this Act, and whether flowing over or covering Crown
lands or not.

(3) "Commissioner" shall mean the member of the Execu- ''Commis-
30 tive Council, designated from time to time by Order in Coun- "*'°®'"*

cil, as Commissioner of Fisheries.

(4) "Fish" shall mean and include every Tcind, species or "Fish,
variety of fish in respect of the catching or killing of which,
within the Province, the Legislature of Ontario has authority

35 to legislate.

(5) " Fishery lease," or " lease," shall mean and include a " Fishery

" Fishery
License."

•• Bass.

" Close
seas >n. "

" Fishery "
meaning of.

" InUnd
waters."

lease conferring for a term therein mentioned, upon the lessee
therein named, the right to take and keep, for the purposes of
fishing, under and subject to the provisions of this Act, and of
all regulations made thereunder, the exclusive or other posses-
sion of any Crown lands therein described, with the exclusive
or other right to fish in any waters flowing over or covering
the same, at such time, and in such manner, and with such
restrictions, and subject to such regulations, as may be per-
mitted, regulated or prescribed, by any lawful authority in
that behalf.

•' Overseer."

Game fish."

" Angling.

(6) " Fishing license," or " license," shall mean and include
a license granting for the time therein mentioned, to the
licensee therein named, upon payment of the license fee
therein stipulated a right to fish in any waters flowing over
or covering Crown lands therein described, or other lands 15
in respect of which the Legislature of the Province has auth-
ority to legislate for the purposes of this Act, at .such time or
times, in sucli manner, and with such restrictions and subject

to such regulations as may be permitted, regulated or pres-
cribed by any lawful authority in that behalf, but no fishing 20
license shall be deemed to be, or be construed to operate as, or
in the nature of, a lease or demise.

(7) '' Bass " shall mean and include small mouthed black
))ass and large mouthed black bass.

(8) " Close season," shall mean and include the time in any 25
year during which fishing for, catching or taking in any Pro-
vincial water, or killing, carrying away, or buying or selling,
or having in possession the kinds or species of fish hereinafter
named, or any of them, is prohibited or regulated by the laws
or fishing regulations of Canada. R. S. O., c. 288, s. 3. 30

(9) " Fishery " shall mean and include the particular locality
place or station in or on which a seine, pound or other net is
used, placed or located, the particular stretch of waters in or
from which fish may be taken by the said seine or net, and
also the net or nets, and other fishing material or appliances 35
used in connection therewith.

(10) " Overseer " shall include district overseer, local over-
seer, and temporary guardian.

(11) "Game fish" shall mean and include land-bcked sal-
mon, speckled trout, bass and maskinonge. 40

(12) "Angling:" in this Act is defined to mean taking fish
with hook and line held in the hand, or with hook and line
and rod, the latter held in the hand, and does not include set

lines. 62 V. (2), c. 34, s. 2.

•

(13) " Inland waters " shall mean and include all the lakes, 45
rivers and waters of Ontario except such as border on
international or interprovincial waters, and except also the
Georgian Bay, the north channel of Lake Huron, the Bay of
Quinte and Inner Bay, Long Point.

(14) "Non-resident, tourist or summer visitor " shall meaij 1' "'^f °r'®^'-' ^
and include any and all persons who may during the spring, or summer
summer or autumn months be temporarily visiting, boarding, visitor."
lodging or domiciled in any locality at a distance of over five
5 miles from his or their usual place of residence at other times
of the year.

(] 5) " Permit " shall mean a license issuable under the hand of " Permit."
an otticer duly authorized to issue such permit upon the official
form provided by the department enabling the licensee to fish
10 in the waters therein mentioned for any period not exceeding
three months ; and shall also mean permission to fish given
over the hand of the Commissioner of Fisheries or Deputy
Commissioner of Fisheries.

4. The Lieutenant Governor may, from time to time, ap- Appointment
15 point a Deputy Commissioner and such other officers and clerks of deputy

1 p ,1 r • 1 11 commissioner

as may be necessary tor the purpose ot carrying out the pro- aad staff,
visions of this Act and the better enforcement of the law and
of regulations made by lawful authority and for enforcing also
such terms and conditions and limitations as aforesaid. Such
20 officers and clerks shall be paid out of moneys received under
the provision of this Act or as may be appropriated by the
Legislature. 62 V. (1), c. 1, s. 3.

5. The Lieutenant-Governor-in-Council may appoint fish- Appointment
erv overseers, and every overseer so appointed, and having °^ fishery

*' /v»« • . overseers.

25 taken the oath of office prescribed by this Act, shall be, ex o^cio
a Justice of the Peace within the county or district or ter-
ritory for which he is appointed to act as such overseer. RS.O
c. 388, s. 42.

(2) Every Provincial constable shall be ex o^cio a fishery Provincial
80 overseer, and every fishery overseer shall have jurisdiction in Tffldo^ovVr'^
and over every part of this Province for the purpose of the seers,
enforcement of the fishery laws thereof. 62 V. (2), c. 34, s. 8.

6. Every fishery overseer shall, before acting as a Justice Oath of
of the Peace under this Act, take and subscribe the following °''^'^^^^'^-

35 oath : —

'I, A. B., a fishery overseer in and for the (county or district or
ten~itory) described in my appointment, do solemnly swear, that, to the
best of my judgment I will faithfully, honestly and impartially, fulfil,
execute and perform, the office and duty of such overseer, according to
40 the true intent and meaning of The Ontario Fisheries Act, and of all regu-
lations made, or to be made thereunder. So help me God." R. S. O. c.
288, s. 43.

7. Li the discharge of his duties, every fishery overseer' Rights of
and every person by him accompanied, or authorized for that Passage.

45 purpose, may enter upon, and pass through, or over, private
property, without being liable for trespass. R. S. 0. c. 288,
s. 44.

Remuneration g The remuneration of the fishery overseers, and of all

etc. ' other persons employed to perform any duty imposed by this

Act, or by the regulations made under it, shall be determined

by the Lieutenant-Governor in Council, and shall be paid out

of moneys appropriated for that purpose by the Legislature.

- R. S. O. c. 288, s. 45.

Certain 9. Such annual or other reports of the fishery overseers

laid'be^fore'the ^^^^^^ f rom time to time be furnished as the Commissioner may
assembly, require.

Regulations
may be made
by the

Lieutenant-

Governor-in-

Council.

lO. — (1) The Lieutenant-Governor in Council may, from jq
time to time, make regulations, and may, from time to time,
vary, amend, alter or repeal, all and every such regulation, as
may be found necessary, or deemed expedient, for the purpose
of carrying the provisions of this Act into effect, and all regu-
lations so made, shall have the same force and effect as if here- 15
in contained and enacted, and every offence against any such
regulations may be stated as having been made in contraven-
tion of this Act.

Promulgation H. The publication of any regulation in The Ontario Gazette
o regu a ions. ^YisX\ be sufficient notice to give legal effect to the same ; and 20
the production of a copy of the paper purporting to be The
Ontario Gazette and containing any such regulations, shall, so
far as the Legislature of Ontario has authority so to enact or
direct, be admitted in all courts as sufficient evidence of such
regulations. R S. O. c. 288, s. 47. 25

Leases,
licenses and
permits.

12. Fishery leases, licenses or permits, ma3^ be issued
subject to such terms, conditions or limitations as may
be contained therein or made part thereof, or as~ shall be pre-
scribed by order in council or by this Act, and the same shall be
binding to all intents and purposes, upon the lessees, licensees or 80
holders of permits . or their assigns ; and any such lessee,
licensee or holder of a permit or his assigns thereof who con-
travenes any of the terms, conditions or restrictions thereof,
shall forfeit his rights and privileges under such lease, license
or permit, and such lease, license or permit may in such case 85
be revoked by the commissioner, and the lessee, licensee or
holder of the permit shall in addition be deemed to have com-
mitted a violation of this Act. 62 V. (1^ c. 1, s. 1.

13. No person shall fish for, take, catch or kill from, or in
Provincial waters or attempt so to do by any means other than 40
by angling any fish which inhabit said waters, without first
having obtained a lease or license, signed by the commissioner
or deputy commissioner. But this section shall not apply to
mullet, suckers, pike or carp where fished for or taken under a
permit issued by the commissioner oi- deputy commissioner, 45
R.S.O. c. 88, s. 30.

Buying, 14:. No One shall, without lawful excuse (the proof whereof

Use of nets
and snares
prohibited
without
license.

shall lie on him), buy, sell, or possess any fish, or portion of j^®*^j°^ g^j^
any fish, caught or killed in Provincial waters, at a time, or in in close
a manner prohibited by law. R.S.O. c. 288, s. 37. hlbitrd^""

15. The Commissioner may issue, or authorize to be issued, Fishery leases
5 fishery leases or fishery licenses for fisheries and fishing where- ^°^ licenses.

soever situated or carried on in provincial waters, subject al-
ways to such regulations, conditions and restrictions as may
from time to time be made, ordered, established or fixed in
that behalf, by the Lieutenant-Governor-in-Council, and pub-
10 lished in The Ontario Gazette, or as may be contained in the If for more
lease or license ; but leases or licenses for any term exceeding years
five years shall be issued only under authority of the Lieuten-
ant-Govemor-in-Council. R.S.O. c. 288, s. 11.

16. The rental shall be fixed by the commissioner and shall Rental.
15 be paid in advance, at the time or times specified therefor in

the lease, and the lessee who fails to pay the rental, when and
as by lease provided, shall forfeit all rights thereunder, and
thereupon the lease may be declared void by the commissioner
who may re let the said rights ; but notwithstanding the for- forfeiture for
20 feiture of the said lease and the said re-letting, the said lessee non-pay-
shall be liable, at the suit of Her Majesty, for the said rental, ™®°*^-
and the expenses incurred by such forfeiture and re-letting.
R.S.O., c. 288, s. 12.

17. No lessee or licensee shall have the right to sub-let Transfer of
25 transfer or assign any right, interest or privilege granted or

conferred upon him under the provisions of this Act without
first having obtained the written consent of the Commissioner
or deputy commissioner, or shall suffer or permit his license to
be used for the taking of fish by, or for the benefit or profit
30 of any other person without such written consent having been
first obtained. R.S.O. c. 288, s. 13 ; amended by 62 V. (2) c.
34, s. 5.

18. If, in consequence of any incorrectness of survey, or ^'^^^'^^ °''*' ^°-
other error or cause whatsoever, a fishery lease comprises'lands pen^«ation'in"

3i) included in a fishery lease of a prior date, the fishery lease last case of
granted shall be void in so far as it interferes or purports to ^ ''••^"cy.
interfere with that previously issued, and the holder or pro-
prietor of the lease so rendered void shall have no claim for
indemnity or compensation on account thereof. R.S.O. c. 288,

40 s. 14. - .

19. Every fishery lease shall be deemed to have been made Rights of
and granted subject to the right of "passage to and from any p*^^*^^-
water in favor of the occupants (if any), under title from the
crown, of the lands in rear of those included in the fishery

45 lease, whether, so expressed in the lease or not. R.S.O. c. 288,
s. 15.

30. The commissioner may, upon the request of any Appointment

of guardians, lessees of fishery leases, or without such request, appoint as
many guardians as may be deemed necessary for the effectual
protection of the fisheries, or rights of fishing in any waters ;
such guardians shall be sworn to the faithful discharge of their
duties, and especially, to prevent the taking or killing, or at- 5
tempting to take, or kill, fish in the waters under their charge,
by illegal means, or in an illegal manner, or at times when the
taking or killing of fish is prohibited by lawful authority ;
they shall be employed for such length of time as the com-
missioner considers necessary, and their services shall be paid 10
for by the lessee or lessees in such proportions and at such times
and in such manner as may be determined by the com-
missioner.

Lessee to 3 1. If thereunto required by the commissioner, a lessee shall

guardrans keep and maintain, at his own expense, within the limits i5
whenrequirr>d. granted to or Conferred upon him by a fishery lease, and for such
time or times as the Commissioner may in that behalf pre-
scribe, one or more efficient guardians, whose duties shall, in
all respects, be the same as those of the guardians in the pre-
ceding sub-section mentioned. R.S.O. ^. 288, s. 16. 20

Cancellation
of leases, etc.

33. Any fishery lease, or fishing license, or permit, held by
any person convicted of any contravention of this Act, or of
any of the conditions of any license or permit issued there-
under, may be annulled and cancelled by the Commissioner,
and thereupon such person sball forfeit all his rights and priv- 25
i leges under such lease, license or permit, and shall not be
entitled to, or have any claim or right to any indemnity or
compensation in respect thereof. R.S.O. c. 288, s. 19.

»ge

included in
lease.

Liability of 33. Every lessee shall be answerable for damage done to the

it*e to^lan^d^™ ^ands in the lease described and the timber growing thereon, 30
or on adjoining lands, either by himself or his agents, or any
person under his control, either from waste or from want of
sufficient precaution in lighting, watching over or extinguish-
ing fires ; and it shall be incumbent on every lessee in case
of damage caused by fire, to prove that all such precautions 35
have been taken^ R.S.O. c. 288, s. 20.

for trespass.

Lessee to have ^24. A fishery lease shall entitle the lessee to institute in his
right of action own name any action or proceeding against any person un-
lawtully trespassing upon, damaging or invading, the rights,
property, premises or privileges, granted or demised by the 40
lease, and also to sue for and recover any damages sustained
by him as such lessee R S.O. c. 288, s. 21.

Penalty for
trespags.

3«>. (1) Every person not being lawfully authorized so to
do who enters upon or passes over the land described in and
the subject of a fisheiy lease wdthout permission of tlie lessee 46
or his representative, shall be deemed a trespasser, and on con-
viction thereof shall incur, and" pay, a fine of not less than SI

nor more than SlO, with costs of prosecution, for each oifence,
and in default of immediate payment of such fine and costs,
shall be imprisoned in the common gaol of the county (or dis-
trict) within which the offence was committed for a period
5 not exceeding one month.

10 take away all trees, timber and lumber within the limits of his
license ; nor to prevent the owners or occupiers of land border-
ing on any waters using a general right of passage to and from
such waters, nor to prevent the public use of any waters or the
banks thereof either for the conveyance of timber and lumber

15 of any kind, or for the free navigation thereof by vessels, boats
or other craft ; nor to any user under license by the Crown of
any such lands or waters for any purpose or occupation not in-
consistent with the provisions of this Act. R.S.O. c. 288, s. 22^

J^tj. If any person, without permission of the lessee, or his Fishing
20 representative, fishes, or emp loys or induces another person to ^/fl^'hin'™'*^
engage or assist in fishing within the limits included in a lease without
fishery lease, or removes or carries away, or employs or induces per™i9'"«n of

. . •/ ' i. •/ 168866 DTO-

or assists another person to remove or carry away any fish hibited.
caught or taken within such limits, he shall not acquire any

25 right to the fish so caught or taken, but the same shall be for-
feited and become the absolute property of the lessee, and such
person shall therefor, and upon conviction thereof, incur and
pay a penalty of not less than $5 nor more than S20 with costs,
and in default of immediate payment of such fine and costs

30 shall be miprisoned in the common goal of the county (or dis-
trict) within whicli the offence was committed for a period not
exceeding one month ; and the lessee or any person by him
authorized, and any fishery overseer may on view forthwith
seize and remove any net, article, apparatus or appliance so

35 used in fishing or to assist in fishing contrary to the provisions
of this section, to be afterwards dealt with according to law ;
provided always, that the occupation of any fishing grounds
or waters leased for the express purpose of net fishing, shall
not interfere with, nor prevent, angling for other purposes than

40 those of sale or traflSc. R.S.O. c. 288, s. 23.

45 therein, without written permission from a fishery overseer or propagation
from the lessee or licensee thereof, or uses therein a fishing light, °^
or other like implement for fishing or fishes therein, during
the period for which the waters are so set apart, shall) for
every offence, incur and pay a fine not exceeding $100, with

50 costs, and in default of immediate payment of such fine and

Commissioner
may grant
permission to
obtain fish,
etc., for cer-
tain purposes.

costs shall be imprisoned in the common gaol of the county
wherein the offence was committed, or in which the conviction
was made, for a period not exceeding three months. R. S. O.
c. 288, s. 6.

2S. Nothing contained in this Act shall preclude the granting 5
by the Commissioner of written permission to obtain fish and
fish spawn from provincial waters for the purpose of stocking,
artificial breeding, or for scientific purposes, subject always to
any regulations or restrictions made or prescribed by or under
any lawful authority in that behalf. R. S. O. c. 288, s. 7. ,10

(2) But no fish or fish spawn shall be taken in any manner
from provincial waters for the purpose of stocking, artificial
breeding or for scientific purposes without a written permit so
to do signed by the Commissioner or Deputy-Commissioner of
Fisheries. 15

Taking over 39. The Lieutenant- Governor-in-Council may make such
recOTdsl docu- pi'ovision as he deems necessary for obtaining, receiving and
ments,bookp, taking over from the Government of the Dominion of Canada
®*''' or from the Department of Marine and Fisheries all records,

archives, documents, books, books of account, applications, cor- 20
respondence, regulations, Orders-in-Council or any other
documents or writing, or copies of any and all of the above in
any way relating to the fisheries of this Province, and for all
such purposes connected with the said fisheries may cause all
such searches and examinations to be made as may be found 25
necessary. 62 (2) V. c. 1,3. 2.

Licensee to
allow inspec-
tion of fish
caught.

30. Every person fishing in Provincial waters and every
dealer in fish in this Province, shall, whenever requested by any
fishery overseer so to do, permit the inspection and examination
of the fish taken by him or in his possession, and the implements 30
by which such fish were taken ; and in case such person
or such dealer shall refuse to allow such inspection and ex-
amination, the fishery overseer shall have power, and is hereby
authorized, with or without a search warrant, to examine the
contents of any boat or other vessel, or of any fish car, box, 35
locker, basket, crate or other package or utensil in possession
of the person so fishing or of such dealer in fish, or any place or
premises where there is reason to believe that any fish taken in
contravention of this Act, or anything used in violation thereof
is concealed, for the purpose of ascertaining whether the pro- 40
visions of this Act have been or are being complied with ; and
for the purpose of such examination the fishery overseer may
use such force as may be necessary by breaking open doors or
otherwise, and by breaking any lock, or the fastening of any
box, locker, basket, crate ur other package or utensil, place or 45
premises in which fish are kept or are reasonably believed by
such officer to be kept. 62 V. (2) c. 34, s. 10.

Obstructing 31. Any person who shalf obstruct, hinder, delay or inter-

fere with any fishery overseer appointed under this Act in the oncers m the
discharge of his duty under the provisions of this Act or while their duty,
enforcing or attempting to enforce, or while acting under any Act
or Regulation of Canada relating to fish, fishing or fisheries, by
5 violence, hinderance or by the means of threats, or by giving
false information, or in any other manner whatsoever, shall, for
each offence, be liable to the penalty provided by section 48 of
this Act, and costs ; and in default of payment of such fines
and costs, shall be imprisoned for a period not exceeding three
months. 62 V. (2) c. 34, s. 11.

S*4. The finding of any nets, fishing devices or other articles Finding nets
set or maintained in violation of this Act shall be prima ^S* ^e evi-
facie evidence of the guilt of the person or persons owning,
possessing or operating the same. 62 V. (2) c. 34, s. 12.

33. It shall be the duty of ■every lessee or licensee, who takes Statement to
fish for commercial purposes, at the end of the fishing season, annuaHv'bv
and not later than the 31st of January in the following year, lessees or
to transmit by registered letter to the fishery overseer of his licensees,
district a statement shewing the amount in weight of each

20 of the different kinds of fish caught by*such lessee or licensee
during th6 said fishing season, and the price per pound received
by him for the same. 02 V. (2) c. 34, s. 13.

34:. Fishery overseers shall determine and direct where nets Fishery
may be set, and the distance to be maintained between each overseers,

25 and every location of nets (in this section hereinafter called ^®'®°-
"fishery"), and shall forthwith remove any fishery which the
owner neglects or refuses to remove in compliance with any
such determination and direction; and such owner so neglect-
ing or refusing, after forty-eight hours' notice, shall be more-

30 over liable for a violation of this Act, and for the cost and
damages of removing such fishery ; but nothing in this section
shall empower the fishery overseer to authorize the setting of
nets in waters other than those described in the license. 62
V. (2) c. 34, s. 14.

35 35. All nets shall have the name of the owner or owners ^^*^ '^ ^^.
legibly marked on two pieces of metal or wood attached to the name of
same ; and such mark shall be preserved on such nets during owners,
the fishing season, in. such manner as to be visible without
taking up the net or nets ; and any net used without such

40 mark shall be liable to confiscation.

36. Disputes between persons relative to fishing limits or Disputes,
claims to fishery locations or stations, or relative to the posi- a^djustmentof.
tion and use of nets and other fishing apparatus, shall be set-
tled by the local fishery overseer, subject to appeal to the

45 deputy commissioner of fisheries. 62 V. (2) c. 34, s. 15.

37. "When not otherwise specified, every proprietor, owner. Liability for
agent, tenant, occupant, partner or person actually in charge, penalties.

2—228

either as occupant or servant, shall be jointly and severalljr
liable for any penalties or moneys recoverable under any of
the provisions of this Act or any regulations made thereunder.
62 V. (2) c. 34, s. 16.

Fish under 38. No person shall offer or expose for sale any bass less

*not to°be^sold. than ten inches in length, or any white fish, salmon trout or
lake trout weighing less than two pounds undressed taken or
caught in Provincial waters. 62 V.(2) c. 34, s. 17.

Weight of fish
not to be
transported.

39. No common carrier or other person shall ship or trans-
port out of this Province or shall receive or have in posses- 10
sion for the purpose of shipping or transporting out of this
Province, any salmon trout, lake trout or white fish weighing
less than two pounds undressed taken or caught in Provincial
waters. 62 V. (2) c. 34, s. 18.

40. No common carrier or other

shall receive or 15

fi8hme°an°^ 4:U. iNo common carrier or otner person
caught. have in his possession or shall ship or transport to any point

or place any fish caught or killed within this Province at a
time or in a manner prohibited by law. 62 V. (2) c. 34, s. 19.

Record to be
kept by fish-
dealera

4:1. All fish companies and fish dealers purchasing fish
direct from the lessees, licensees or holders of permits under 20
this Act shall keep a record, in form approved by the Depart-
ment, of the different kinds and quantities of fish taken or
caught in provincial waters and purchased by them, with the
date, name and address of the person from whom purchased,
&uch book to be open for the inspection of the overseer at all 25
reasonable times ; and a monthly abstract from such book shall
be forwarded by the said fish companies or fish dealers to
the department on forms supplied by the department for
that purpose.

Particulars to
be marked in
parcels, etc.,
of fish.

43. Any box, basket, crate, package or otTier utensil what- 30
soever, containing fish for shipment shall be labelled with the
names of the consignee and consignor, and shall have stated
thereon the contents of such box, basket, crate, package or
other utensil.

Propogation
of frogs.

43. The Commissioner of Fisheries shall have power to set 35
apart any suitable provincal waters for the cultivation and
propagation of frogs, and to make regulations with reference
to the capture thereof.

^^'^t^^b^^^^id ^^ ^^ speckled trout, bass or maskinonge taken or caught

or exported in provincial waters shall be exposed for sale in or exported 40

bef.ore 1st from the Province before the first day of July, 1903.
July, 1903. '' "^ '

Sturgeon.

45. No sturgeon shall be caught, taken or killed by any
means whatever without a license first had and obtained;
and none between 15th April and 15th June, but nothing in

this section or in section 48 shall be deemed to restrict close
season prohibitions.

46. No person shall take, catch or kill in any of the waters bL^^'^g^jc*'*
of this Province in one day by angling, or shall carry away, a which may be

5 greater number than twelve bass, twenty pickerel, or four ^^"s*^* '° o"e
maskinonge.

47. No person shall take, catch or kill in any of the waters Speckled
of this Province, in one day by angling, or shall carry away, *'^"" "

a greater number of speckled or brook trout than in the
10 aggregate shall weigh more than fifteen pounds, and no greater
number than fifty speckled or brook trout, though said
number weighs less than fifteen pounds, and none between
1st September and 1st May, both days inclusive.

48. No bass less than ten inches in length, no speckled Size of fish
.15 trout less than six inches in length, no pickerel less than ^^'^^ ""^^ ^®

twelve inches in length, and no maskinonge less than twenty:
four inches in length shall be retained or kept out of the water,
sold, offered or exposed for sale or had in possession ; but
every person who takes or catches any of the fish mentioned
20 of less than the minimum measurement named (which measure-
ment shall be from point of nose to centre of tail) shall imme-
diately return such undersized fish to the water from which
they were taken, alive, and, in so far as possible, uninjured.

49. No non-resident, tourist or summer visitor shall take. Tourists, etc.,
25 catch or kill in any one day, by angling in the inland waters fi"^ w^^i^h

of this Province, or shall carry away, a greater number than nTay be
ten lake trout, any one of which shall exceed two pounds in caught by.
weight.

50. Subject to the condition contained in the preceding Weight of
30 section, no person shall by any means whatever take, catch or maylbe^taken.

kill, or shall buy, sell or offer or expose for sale, or have in
possession any salmon trout, lake trout, or whitefish weighing
less than two pounds in the round ^or undressed, or which
when dressed weighs less than one pound and three-quarters,
35 or any sturgeon of less than ten pounds in weight when
dressed.

51. In respect of the waters of Lake Nepigon in the Dis- Regulations
trict of Thunder Bay, in the River Nepigon in the same Dis^ water^"^'"^*""
trict, and in any tributaries of the said lake or river, no

4Q one shall fish by angling in the said waters without first
having obtained an angling license from the Commissioner of
Fisheries through the local overseer at Nepigon.

The following subsections, numbered 1 to 8 inclusive, shall
apply to the Nepigon waters aforesaid : —

Licenses and j Q^g angler's license or permit only may be issued to

psrrnits for ^ x «/ •/

Nepigon 3ach applicant, and shall not be for a longer period than

waters. ^wo weeks from the date of issue.

2. The fee for such license or permit shall be $25.00 where
the applicant is not a permanent resident of Canada, and 5
$5.00 where the applicant is a permanent resident of Canada.

3. The holder of such license or permit shall not catch or
kill in one day, or carry away, a greater number of speckled
trout than in the aggregate shall weigh more than twenty-
five pounds, or a greater number than ten speckled trout in 10
any one day though said number weighs less than twenty-five
pounds.

4. The said license or permit shall not be transferable, and
the holder thereof shall produce and exhibit the same when-
ever called upon so to do by a fishery overseer. 15

5. All fishing camps, and fishing parties visiting the said
waters shall be subject to the supervision of the fishery over-
seer or overseers.

Indians.

6. Such sanitary arrangements as the overseer may direct
shall be made, and such directions as he may give for the dis- 20
posal of refuse and the extinction of fires shall be complied
with.

7 The cutting of live timber the property of Ontario by
persons holding a license or permit to angle in said waters
their servants or agents is prohibited except where absolutely 25
necessary for the purpose of camping and shelter, such as for
tent poles, tent pins, etc.

52. The preceding section shall also apply to Indians who
act as guides, boatmen, canoemen, camp assistants or helpers
of any kind of any fishing party or person or persons who may 30
hold a fishing license or permit during the time they are engaged
with such party, person or persons, but not otherwise to
Indians.

Penalty for 5^- Where any of the provisions of this Act, or of any

contravention regulations made under the authority thereof by the Lieuten- 35
no special^'^^ ant-Governor in-Council, are contravened, and no other penalty
penalty. is herein provided for such contravention, the person guilty of

such contravention shall, on conviction thereof, incur and pay
a fine of not less than $10, nor more than $50, and for a second
or subsequent ofience of not less than $20, nor more than $100, 40
with costs of prosecution, and in default of immediate payment
of such fine and costs, shall be imprisoned in the common gaol
of the county or district within which the offence was commit-
ted, for a period not exceeding one month. R. S. O. c. 288,
s. 48.

54. All prosecutions for the punishment of any offence under ^^^ "^*y.
.,..,^,1 1 ^ o TT1 /-\ cii- near and de-
this Act, may take place betore any J^ ishery Overseer, btipen- termine com-

diary or Police Magistrate, or one or more of Her Majesty's plaints where

1 DBHaIlV is l6SB

Justices of the Peace having jurisdiction in the county or dis- than $50.
5 trict in which the offence is committed. R. S. O. c. 288, s. 49,

55. Where an offence under this Act is committed in, upon, b(^^ndary"
or near, any waters forming the boundary between different water?,
counties or districts, such offences may be prosecuted before

any Magistrate or Fishery Overseer, for either of such contig-
10 uous counties or districts. R. S. 0. c. 288, s. 51.

56. Any Fishery Overseer or Magistrate may, on view, or ^.^^*'"°*^j^P ^^
otherwise, convict for any offence against the provisions of this apparatus.
Act, or of any regulation made thereunder, and shall instantly

capture and detain, or destroy, all seines, or nets, or other
15 materials and articles illegally set or in use which are shown
to have been illegally in use. R. S. O. c. 288, s. 52.

57. Contravention, on any day, of any of the provisions of Separate
this Act, or of any regulation made under the authority thereof " ®°°®^-
by the Lieutenant-Govemor-in-Council, shall constitute a

20 separate offence, and may be punished accordingly. R.S.O. c.
288, s. 53.

58. Any person may be the prosecutor or complainant in Who may be
prosecutions under this Act ; and it shall be the duty of every compUdnanty
fishery overseer and fire and wood ranger, constable and peace

25 officer, and every game and deputy game warden, to aid in the
observance of the provisions of this Act, and in bringing
offenders to justice. R.S.O. c. 288, s. 54.

69. The following provisions shall have effect with respect Pfoy'sions

J. J- £ XX c J li.- J with respect

to summary proceedings tor offences, fines and penalties under to summary

30 this Act :— proceedings.

1. The information or complaint shall be laid within six
months after the commission of the offence.

2. The description of an offence, in the words either of this
Act, or of any regulation made by authority thereof, or in any

•35 similar words shall be sufficient in law.

3. Any exception, exemption, proviso, excuse or qualifi-
cation, whether or not it accompanies the description of
the offence in this Act, or in any regulation made by
authority thereof, may be proved by the defendant, but need

40 not be specified or negatived in the information or complaint,
and if so specified or negatived, no proof in relation to the
matter so specified or negatived shall be required on the part
of the informant or complainant. R.S.O. c. 288, s. 55.

60. (1) Upon the hearing of any information or complaint witnesses .nn )
45 exhibited, or made, under this Act, the person giving or mak- evidence.

14
•

ing the information or complaint shall be a competent witness,
notwithstanding that such person may be entitled to part of
the pecuniary penalty on the conviction of the offender.

(2) On the trial of any complaint, proceeding, matter or
question under this Act, the person opposing or defending, or 5
who is charged with any offence against or under any of the
provisions of this Act, shall be competent and compellable to
give evidence in or with respect to such complaint, proceeding,
matter or question, and on any such trial no person, witness
or party shall be excused from answering any question upon 10
the ground that the answer to such question may tend to
criminate him, or may tend to establish his liability to a civil
- proceeding at the instance of the Crown or any other person ;
provided, however, that no evidence so given shall be used or
receivable in evidence against such person in any criminal pro- 15
ceeding thereafter instituted against him, other than a prosecu-
tion for perjury in giving such evidence. E..S.O. c. 288, s. 56.

61. In default of the payment of any penalty imposed by
non-payment" ^^^^ Act, and costs, by any person convicted of any offence
of fine. under this Act, the offender may be committed to the com- 20

mon gaol of the district or county where the offence was
committed for a period not exceeding three months, unless the
penalty and costs, and the costs and charges of. the commitment,
and carrying the defendant to prison, are sooner paid, and the
amount of such costs and charges of commitment and carrying 95
the offender to prison shall be ascertained and stated in the
warrant of commitment. R.S.O. c. 288, s. 58.

Certain A'-ts ^^' ^^^^ where otherwise provided by this Act, all the
M apply to provisions and forms authorized under The Ontario Summary
under'this"^ Gonvictions Act shall apply as far as they may be applicable, 80
Act Rev. to all prosecutions and proceedings under this Act, where not
Stat. c. 90. inconsistent with this Act, except on proceedings on appeal ;
and the practice and procedure upon and with respect to
appeals and all proceedings thereon and thereafter, shall be
governed by The Act respecting the -procedure on Appeals to 35
the Judge of the County Court from Summary Convictions.
R.S.O. c. 288, 8. 59.

Defects of ^*^- ^ conviction or order made in any matter arising under

form. this Act, either originally or on appeal, shall not be quashed

for want of form, and a conviction or order made by a court 40
of summary jurisdiction, against which a person is authorized
Convictions ^^ appeal, shall not be removed by certiorari or otherwise,
not removable either at the instance of the Crown or of any private person
on certiorari, -j^^^ ^j^^ High Court, except for the purpose of the hearing and
^■r-.:^ determination of a special case. R.S.O. c. 288, s. 60. 45

Application 64. One-half of every fine or penalty imposed by virtue of

of fines. ^ijjg ^Q^ shall belong to Her Majesty, for the uses of the

province, and the remaining half shall be paid to the prose-
cutor, together with any costs taxed to him by the convicting
justice in respect thereof.

(55. All vessels, boats, canoes, rafts, vehicles of any descrip- pr^op^j^y*^^^
5 tion, fishing gear, rods, line, tackle, seines, nets, or other
material, apparatus or appliances used, and all fish had or
taken in contravention of this Act, or any regulation made
thereunder, and all other fish legally taken, caught, killed,
conveyed, bought, sold, or had in possession, and of whatever

10 size and description which are intermixed therewith, shall be
confiscated to Her Majesty for the uses of the province, and
may be seized and confiscated or destroyed on view, or other-
wise, by any fishery overseer, and may be taken and removed,
by any person, for delivery to any magistrate or fishery over-

15 seer ; and the proceeds thereof shall belong to Her Majesty, for
the uses of the province, and may be applied towards defray-
ing expenses incurred under the provisions of this Act.

66. The moiety of every fine or penalty belonging to Her Application
Majesty for the uses of the province, and all proceeds derived

20 from the sale of articles confiscated to Her Majesty under this
Act, shall be paid over to the Treasurer of the Province
through the Commissioner, and shall be applied towards the
expenses incurred in carrying out the provisions of this Act.

67. Persons aggrieved by any conviction or confiscation Appeal to
25 under this Act may appeal, by petition to the commissioner, commiesioner.

who shall have power to remit fines and penalties, and restore
forfeitures, under this Act R.S.O., c. 288, s. 61 ; amended by
62 V. (2) c. 34, s. 9.

68. All Fishery Acts in force prior to this Act are hereby Repealing
30 repealed, saving arid excepting sections 9 and 24 of R S. O. section.

c. 288 (1897).

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No. 228.] "R"f T T ^^^^^-

An Act respecting the Fisheries of Ontario.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :—

1. This Act may be cited as The Ontario Fisheries Act, au 4. ^.ti

1900. ' Short txtle.

2. This Act, and the respective provisions thereof, and the Application
regulations hereby authorized, shall apply to all fishing and ° ° *
rights of fishing, and all matters relating thereto, in respect of

which the Legislature of Ontario has authority to legislate for
the purposes of this Act, but shall not authorize, nor shall any
lease, license or permit issued hereunder, or in pursuance of >

regulations m ide hereunder, authorize or be deemed to author-
ize any interference with the navigation of any navigable
waters. R. S. O. c. 288, s. 2.

3. Where the following words and expressions occur in this interpreta-
Act, and in any regulations hereby authorized, they shall be *'^°'
construed in the manner hereinafter mentioned, unless a con-
trary intention appears: —

(1) " Crown Lands " .shall mean and include such ungranted Lands!"
Crown, or public lands, or Crown domain, as are within and
belong to the Province of Ontario, and whether or not any
waters flow over or cover the same.

(2) " Water," or " waters," or " Provincial water," or " Pro- "VVaters.
vincial waters," shall mean and include such of the wa'ers of

any lake, river, stream or water-course wholly or partially
within the Province over or in respect of which the Legisla-
ture of this Province has authority to legislate for the pur-
poses of this Act, and whether flowing over or covering Crown
lands or not, ^but shall not include any waters in which fish
are propagated and preserved by the owner or tenant of the
land covered by such waters,"^*

(3) " Commis.sioner " shall mean the member of the Execu- *'.Comrais-

• Bion6r

tive Council, designated from time to time by Order in "Coun-
cil, as Commissioner of Fisheries.

(4) "Fish" shall mean and include every kind, species or "Flab."
variety of fish in respect of the catching or killing of which,
within the Province, the Legislature of Ontario has authority

to legislate.

" Fishery
lease."

"Fishery
Liceuse."

Bass.

" Close
season."

" Ti'i«h«rv
meanm

of.

" Overseer.'

"Game fish."

' Angling."

" Inland
waters. "

(5) "Fishery lease," or "lease," shall mean and include a
lease conferring for a term therein mentioned, upon the lessee
therein named, the right to take and keep, for the purposes of
fishing, under and subject to the provisions of this Act, and of
all regulations made thereunder, the exclusive or other posses-
sion of any Crown lands therein described, with the exclusive
or other right to fish in any waters flowing over or covering
the same, at such time, and in such manner, and with such
restrictions, and subject to such regulations, as may be per-
mitted, rej^ulated or prescribed, by any lawful authority in
that belialf.

(6) " Fishing license," or " license," shall mean and mclude a
license granting for the time therein mentioned, to the licensee
therein named, upon payment of the license fee therein stipu-
lated a right to fish in any waters therein described or other lands
in respect of which the Legislature of the Province has auth-
ority to legislate for the purposes of this Act, at such time or
time««, in such manner, and with such restrictions and subject
to such regulations as may be permitted, regulated or pres-
cribed by any lawful authority in that behalf, but no fishing
license shall be deemed to be, or be construed to operate as, or
in the nature of, a lease or demise.

(7) " Bass " shall mean and include small mouthed black
bass and large mouthed black bass.

(8) " Close season," shall mean the time in any year
during which fishing for, catching or taking in any Pro-
vincial water, or killing, carrying away, or buying or selling,
or having in possession the kinds or species of fish hereinafter
named, or any of them, is prohibited or regulated by the laws
or fishing regulations of Canada. R. S. 0., c. 288, s. 3.

(9) " Fishery " shall mean and include the particular locality
place or station in or on which a seine, pound or other net is
used, placed or located, and the particular stretch of waters in or
from which fish may be taken by the said seine or net, and
also the net or nets, and other fishing material or appliances
used in connection therewith.

(10) " Overseer " shall include district overseer, local over-
seer, and temporary guardian.

(11) "Game fish" shall mean and include land-1 eked sal-
mon, speckled trout, bass and maskinonge.

(12) "Angling" in this Act shall mean the taking of fish
with hook and line held in the hand, or with hook and line
and rod, the latter held in the hand, and shall not include set
lines. • 62 V. (2), c. 34, s. 2.

(13) " Inland waters " shall mean and include all the lakes,
rivers and waters of Ontario except international or interpro-
vincial waters, and except also the Georgian Bay, the north
channel of Lake Huron, the Bay of Quinte and Inner Bay,
Long Point.

(14) "Non-resident, tourist or summer visitor" shall mean ''Non-resi

^ ^ , 1 • ,1 • 1 dent, tourist

any person who may during the spring, summer or autumn or summer
months be temporarily visiting, boarding, lodging or keeping visitor."
houfie in any locality at a distance of over twelve miles from
his usual place of residence.

(15) " Permit" shall mean a license issued under the hand of "Permit.'*
an otlicer duly authorized to issue such permit upon the official

form provided by the department authorising the licensee to fish
in the waters therein mentioned for any period not exceeding
three months ; and shall also mean permission to fish given
over the hand of the Commissioner of Fisheries or Deputy
Commissioner of Fisheries.

4:. The Lieutenant Governor may, from time to time, ap- Appointment
point a Deputy Commissioner and such other officers and clerks ^^ deputy

^ 1 p ,^ r • 111 commissioner

as may be necessary tor the purpose or carrying out the pro- and staff,
visions of this Act and the better enforcement of the law and .
of regulations made by lawful authority and for enforcing also
such terms and conditions and limitations as hereinafter ment-
ioned. Such officers and clerks shall be paid out of moneys
received under the provision of this Act or as may be
appropriated by the Legislature. 62 V. (1), c. 1, s. 3.

5. The Lieutenant-Governor-in-Council may appoint fish- Appointment
ery overseers, and every over.-eer so appointed, and having overLerf.
taken the oath of office prescribed by this Act, shall be, ex officio

a Justice of the Peace within the county or district to
which the territory or any part thereof for which he is appoint-
ed to act as such overseer ^^and need not take any further
oath to enable him to act as such justice"®^. R. S. O c. 388, '

8. 42.

(2) Every Provincial constable shall be ex officio a fishery Provincial

•'i r> ^ Till ••Ti- • conKtables ex

overseer, and every fishery overseer shall have jurisdiction m officio over-
and over every part of this Province for the purpose of the seers.
enforcement of the fishery laws thereof. . 62 V. (2), c. 34, s. 8.

6. Every fishery overseer shall, before acting under this Oath of
Act, take and subscribe the following oath : — overseer.

'I, A. B., a fishery overseer in and for the (county or didrict or
territory) described in my appointment, do solemnly swear, that, to the
best of my judgment I will faithfully, honestly and impartially, fulfil,
execute and perform, the oflice and duty of such overseer, jiccording to
the true intent and meaning of The Ontario Fisheries Act, 1900, and of all
regulations made, or to be made thereunder. So help me God." R. S.
O. c. 288, s. 43.

7. In the discharge of his duties, every fishery overseer, Rights of
and every person by him accompanied, or authorized for that Passage,
purpo-e, may enter upon, and pass through, or over, private
property, without being liable for trespass. R. S. 0. c. 288,

s. 44.

Remuneration
of overseers,
etc.

8. The remuneration of the Hshery overseers, and of all
other persons employed to perfoim any duty imposed by this
Act, or by the regulations made under it, shall be determined
by the Lieutenant Governor in Council, and shall be paid out
of moneys appropriated for that purpose by the Legislature.
R S. O. c. 288, s. 45.

Certain 9. Sucli annual or other reports of the fishery overseers

laM°be^fore^the ^^^^^ from time to time be furnished as the Commissioner may
assembly. require.

Regulations
may be made
by the

Lieutenant-
6overnor-in-
Council.

10. The Lieutenant-Governor in Council may, from
time to time, make regulations, and may, from time to time,
vary, amend alter or repeal, all and every such regulation, as
may be found necessary, or deemed expedient, for the purpose
of carrying the provisions of this Act into effect, and all regu-
lations so made, shall have the same force and effect as if here-
in contained and enacted, and every offence against any such
regulation may be stated as having been made in contraven-
tion of this Act.

Promulgation
of regulations.

Leases,
licenses and
permits.

Use of nets
and snares
prohibited
without
license.

11. The publication of any regulation in The Ontario Gazette
shall be sufficient notice to give legal effect to the same ; and
the production of a copy of the paper purporting to be The
Ontario Gazette and containing any such regulation, shall, so
far as the Legislature of Ontario has authority so to enact or
direct, be admitted in all courts as sufficient evidence of such
regulation. R. S. O. c. 288, a. 47.

1^. Fishery leases, licenses or permits, may be issued
subject to such terms, conditions or limitations as may
be contained therein or made part thereof, or as shall be pre-
scribed by order in council or by this Act, and the same shall be
binding to all intents and purposes, upon the lessees, licensees or
holders of permits or their assigns ; and any such lessee,
licensee or holder of a permit or his assigns thereof who con-
travenes any of the terms, conditions or restrictions thereof,
shall forfeit his rights and privileges under such lease, license
or permit, and such lease, license or permit may in such case
be revoked by the commissioner, and the lessee, licensee or
holder of the permit shall in addition be deemed to have com-
mitted a contravention of this Act. 62 V. (1^ c. 1, s. 1.

13. No person shall fish for, take, catch or kill from, or in
Provincial waters by any means other than by ang-
ling any fish which inhabit said waters, without first hav-
ing obtained a lease or license, signed by the commissioner
or deputy commissioner. But this section shall not apply to
mullet, suckers, pike or carp where fished for or taken under a
permit issued by the commissioner or deputy commissioner.
R.S.O. c. 88, s. 30.

Buying.

14. No one shall, without lawful excuse (the proof whereof

«ihall lie on him), buy, sell, or possess any fish, or portion of u®"^°^ a'^u

any fish, caught or killed in Provincial waters, at a time, or in ia^ciose ^

a manner prohibited by law. E.S.O. c. 288, s. 37. season pro

^ -^ hibited.

15. The Commissioner may issue, or authorize to be issued. Fishery leases
fishery leases or fishery licenses for fisheries and fishing ^^^ licenses.
to be carried on in provincial waters, subject always

to such regulations, conditions and restrictions as may
from time to time be made, ordered, established or fixed in
that behalf, by the Lieutenant-Governor-in-Council, and pub-
lished in The Ontario Gazette, or as may be contained in the If for more
lease or license ; but leases or licenses for any term exceeding *^^° ^^®
five years shall be issued only under authority of the Lieuten-
ant-Governor-in-Council. RS.O. c. 288, s. 11.

16. The rental or licence shall be fixed by the commissioner Rental,
ami when not paid in advance shall be paid at the time or
times specified therefor in the lease or license, and the lessee

or licensee who fails to pay the rental or fees, when and as by
leasi or license provided, shall forfeit all rights thereunder,
and thereupon the lease or license may be c^eclared void by the „ , .
commissioner who may relet the said rights; but notwith- non-ply-'^
standing the forfeiture of the said lease or license and the said meuts.
re-letting, the said lessee or license shall be liable, at the suit
of Her Majesty, for the said rental or fees, and the expenses
incurred by such forfeiture and re-letting, R.S.O., c. 288, s. 12.

17. No lessee or licensee shall have the right to sub-let, Transfer of
transfer or assign any right, interest or privilege granted or ^^^^'
conferred upon him under the provisions of this Act without

fir.st having obtained the written consent of the Commissioner
or deputy commissioner, or shall suffer or permit his license to
be used for the taking of fish by, or for the benefit or profit
of any other person without such written consent having been
first obtained. RS.O. c. 288, s. 13 ; amended by 62 V. (2) c.
3+, 8 5.

18. If, in consequence of any incorrectness of survey, or Lessee not en-
other error or cause whatsoever, a fishery lease comprises lands peitation'in"'
included in a fishery lease of a prior date, the fishery lease last-case of
granted shall be void in so far as it interferes or purports to ^^^'^^'^^'^y-
interfere with that previously issued, and the holder or pro-
prietor of the lease so rendered void shall have no claim for
indemnity or compensation on account thereof. R.S.O. c. 288,

s. 14.

19. Every fishery lease shall be deemed to have been made Rights of
and granted subject to the right of passage to and from any P^^^^'se.
water in favor of the occupants (if any), under title from the
crown, of the lands in rear of those included in the fishery

lease, whether so expressed in the lease or not. R.S.O c. 288,
8. 15.

20. The commissioner may, upon the request of any Appointment

of guardians, lessees of fishery leases, or without such request, appoint as
many guardians as may be deemed necessary for the effectual
protection of the fisheries, or rights of fishing in any waters ;
such guardians shall be sworn to the faithful discharge of their
duties, and especially, to prevent the taking or killing, or at-
tempting to take, or kill, fish in the waters under their charge,
by illegal means, or in an illegal manner, or at times when the
taking or killing of fish is prohibited by lawful authority;
they shall be employed for such length of time as the com-
missioner considers necessary, and their services shall be paid
for by the lessee or lessees in such proportions and at such times
and in such manner as may be determined by the com-
missioner.

Lessee to 3 1 . If thereunto required by the commissioner, a lessee shall

Klfardfans keep and maintain, at his own expense, within the limits
whenrequired. granted to or Conferred upon birn by a fishery lease, and for such
time or times as the Commissioner may in that behalf pre-
scribe, one or more efficient guardians, whose duties shall, in
all respects, be the same as those of the guardians in the pre-
ceding sub-section mentioned. R.S.O. ". 288, s. 16.

Cane Uation
of Ica-es, etc.

22. Any fishery lease, or fishing license, or permit, held by
any person convicted of any contravention of this Act, or of
any of the conditions of any license or permit issued there-
under, may be annulled and cancelled by the Commissioner,
and thereupon such person shall forfeit all his rights and priv-
ileges under such lease, license or permit, and shall not be
entitled to, or have any claim or right to any indemnity or
compensation in respect thereof. R.S.O. c. 288, s. 19.

lease.

Liability of 23. Every lessee shall be answerable for damage done to the

ag^e to landb"" lauds in the lease described and the timber growing thereon,
included in or on adjoining lai;ids, either by himself or his agents, or any
person under his control, either from waste or from want of
sufficient precaution in lighting, watching over or extinguish-
ing fires ; and it shall be incumbent on every lessee in case
of damage caused by fire, to prove that all such precautions
have been taken. R.S.O. c. 288, s. 20.

Le s:e to have 34. A fishery lease shall entitle the lessee to institute in his
right of action Q^;j(^ j^jj^^Q any action or proceeding against any person un-
lawfully trespassing upon, damaging or invading, the rights,
property, premises or privileges, granted or demised by the
lease, and also to sue for and recover any damages sustained
by him as such lessee. RS.O. c. 288, s. 21.

Penalty for
trespasi).

2*9. (1) Every person not being lawfully authorized so to
do who enters upon or passes over the land described in and
the subject of a fishery lease without permission of the lessee
or his representative, shall be deemed a trespasser, and on con-
viction thereof shall incur, and pay, a fine of not less than $1

nor more than $10, with costs of prosecution, for each offence,
and in default of immediate payment of such fine and costs,
shall be imprisoned in the common gaol of the county (or dis-
trict) within which the offence was committed for a period
not exceeding one month.

(2) This section shall not apply to any person entering upon
or passing over such lands in discharge of any duty imposed by
law, nor, when the lands are included in a timber license, to the
holder thereof, who shall at all times have the right to cut and
take away all trees, timber and lumber within the limits of his
license ; nor to prevent the owners or occupiers of land border-
ing on any waters using a general right of passage to and from
such waters, nor to prevent the public use of any waters or the
banks thereof either for the conveyance of timber and lumber
of any kind, or for the free navigation thereof by vessels, boats
or other craft ; nor to any user under license by the Crown of
any such lands or waters for any purpose or occupation not in-
consistent with the provisions of this Act. R.S.O. c. 288, s. 22

}£^. If any person, without permission of the lessee, or his Fishing

within limits

representative, fishes, or employs or induces another person to ^f fjghi
engage or assist in fishing within the limits included in a lease wirhout
fishery lease, or removes or carries away, or employs or induces pe'™is''ion of
or assists another person to remove or carry away any fish hibited.
caught or taken within such limits, he shall upon conviction
. thereof, incur and pay a penalty of not less than $5 nor more
than $20 with costs, and in default of immediate payment of
such fine and costs shall I e imprisoned iii the common goal
of the county (or district) within which the offence was com-
mitted for a period not exceeding' one month ; and such
person shall not acquire any right to the fish so caught or
taken, but the same shall be forfeited and become the absolute
property of the lessee, and the^ lessee or any person by him
authorized, and any fishery overseer may on view forthwith
seize and remove any net, article, apparatus or appliance so
used in fishing or to assist in fishing contrary to the provisions
of this section, to be afterwards dealt with according to law ;
provided always, that the occupation of any fishing grounds
or waters leased for the express purpose of net fishing, shall
not interfere with, nor prevent, angling for other purposes than
those of sale or traffic. KS.O. c. 288, s. 23.

21. The Commissioner may authorize to be set apart, and Provisions as
to be leased, any waters for the natural or artificial propa- apart of ^
gation of fish ; and any person who wilfully destroys or injures waters for
any place so set apart, or used, for the propagation of fish artmdai"^
therein, without written permission from a fishery overseer or propagation
from the lessee or licensee thereof, or uses therein a fishing light,
or other like implement for fishing or fishes therein, during
the period for which the waters are so set apart, shall, for
every offence, incur and pay a fine not exceeding $100, with
costs, and in default of immediate payment of such fine and

costs shall be imprisoned in the common gaol of the county
wherein the offence was committed, or in which the conviction
was made, for a period not exceeding three months. R S. O.
c. 288, s. 6.

Commissioner 38. - Nothing contained in this Act shall preclude the granting
permission to ^Y ^^^ Commissioner of written permission to obtain fish and
obtain fish, fish spawn from provincial waters for the purpose of stocking,
etc., forcer- artificial breeding, or for scientific purposes, subject always to

tain purposes.

any regulations or restrictions made or prescribed by or under
any lawful authority in that behalf. R. S. 0. c. 288, s. 7.

Taking over
Dominion
recordp, docu-
ments, books,
etc.

Licensee to
allow inspec-
tion of fish
caught.

29. The Lieutenant- Governor-in-Council may make such
provision as he deems necessary for obtaining, receiving and
takins: over from the Government of the Dominion of Canada
or from the Department of Marine and Fisheries all records,
archives, documents, books, books of account, applications, cor-
respondence, regulations, Orders-in-Council or any other
documents or writing, or copies of any and all of the above in
any way relating to the fisheries of this Province, and for all
such purposes connected with the said fisheries may cause all
such searches and examinations to be made as may be found
necessary. 62 (2) V. c. 1, s. 2.

30. Every person fishing in Provincial waters and every
dealer in fish in this Province, shall, whenever requested by any
fishery overseer so to do, permit the inspection and examination
of the fish taken by him or in his possession, and the implements
by which such fish were taken ; and in case such person
or such dealer shall refuse to allow such inspection and ex-
amination, the fishery overseer shall have power, and is hereby
authorized, with or without a search warrant, to examine tlie
contents of any boat or other vessel, or of any fish car, box,
locker, basket, crate or other package or utensil in possession
of the person so fishing or of such dealer in fish, or any place or
premises where there is reason to believe that any fish taken in
contravention of this Act, or anything used in violation thereof
is concealed, for the purpose of ascertaining whether the pro-
visions of this Act have been or are being complied with ; and
for the purpose of such examination the fishery overseer may
use such force as may be necessary by breaking open doors or
otherwise, and by breaking any lock, or the fastening of any
box, locker, basket, crate ur other package or utensil, place or
premises in which fish are kept or are reasonably believed by
such officer to be kept. 62 V. (2) c. 34, s. 10.

Obstructing 31. Any person who shall obstruct, hinder, delay or inter-

fere with any fishery overseer appointed under this Act in the officers in the
discharge of his duty under the provisions of this Act or while their d'uty?
enforcing or attempting to enforce,or while acting under any Act
or Regulation of Canada relating to fish, fishing or fisheries, by
violence, hinderance or by the means of threats, or by giving
false information, or in any other manner whatsoever, shall, for
each offence, be liable to the penalty provided by section 48 of
this Act, and costs ; and in default of payment of such tines
and costs, shall be imprisoned for a period not exceeding three
months. 62 V. (2) c. 34, s. 11.

S*4. The finding of any nets, fishing devices or other articles Finding nets
set or maintained in violation of this Act shall be 25r^ma *« be evi-
facie evidence of the guilt of the person or persons owning,
possessing or operating the same. 62 V. (2) c. 34, s, 12.

33. It shall be the duty of every lessee or licensee, who takes Statement to
fish for commercial purposes, at the end of the fishing season, annuafly b^y
and not later than the 31st of January in the following year, lessees or

to transmit by registered letter to the fishery overseer of his licensees,
district a statement shewing 'the amount in weight of each
of the difTerent kinds of fish caught by such lessee or licensee
during tie said fishing season, and the price per pound received
by him for the same. 62 V. (2) c. 34, s. 13.

34. Fishery overseers shall determine and direct where nets Fisheiy
may be set, and the distance to be maintained between each overseers,
and every location of nets (in this section hereinafter called p"^®'^®"'
" fishery "), and shall forthwith remove any fishery which the
owner neglects or refuses to remove in compliance with any

such determination and direction; and such owner so neglect-
ing or refusing, after forty-eight hours' notice, shall be more-
over liable for a violation of this Act, and for the cost and
damages of removing such fishery; .but nothing in this section
shall empower the fishery overseer to authorize the setting of
nets in waters other than those described in the license. 62
V. (2) c. 34, s. 14.

35. All nets shall have the name of the owner or owners ^^*^*'j '^^i,
legibly marked on two pieces of metal or wood attached to the name of
same ; and "such mark shall be preserved on such nets during owners,
the fishing season, h: such manner as to be visible without

taking up the net or nets ; and any net used without such
mark shall be liable to confiscation.

36. Disputes between persons relative to fishing limits or Disputes,
claims to fishery locations or stations, or relative to the posi- a^^J^s^^^^tof.
tioh and use of nets and other fishing apparatus, shall be set-
tled by the local fishery overseer, subject to appeal to the

deputy commissioner of fisheries. 62 V. (2) c. 34, s. 15.

37. When not otherwise specified, every proprietor, owner, Liability for
agent, tenant, occupant, partner or person actually in charge, penalties.

2—228

either as occupant or servant, shall be jointly and severally
liable for any penalties or moneys recoverable under any of
the provisions of this Act or any regulations made thereunder.
62 V. (2) c. 34, s. 16.

Fish under 38. No person shall offer or expose for sale any bass less

■ no't toVe «)ld. than ten inches in length, or any white fish, salmon trout or
lake trout weighing less than two pounds undressed taken or
caught in Provincial waters. 62 V.(2) c. 34, s. 17.

Weight of fish
not to be
transported.

39. No commion carrier or other person shall ship or trans-
port out of this Province or shall receive or have in posses-
sion for the purpose of shipping or transporting out of this
Province, any salmon trout, lake trout or white fish weighing
less than two pounds undressed taken or caught in Provincial
waters. 62 V. (2) c. 34, s. 18.

Transporting 40. No common carrier or other person shall receive or
caught^^*^'^ have in his possession or shall ship or transport to any point
or place any fish caught or killed within this Province at a
time or in a manner prohibited by law. 62 V. (2) c. 34, s. 19.

Record to be
kept by fish-
dealera

41. All fish companies and fish dealers purchasing fish
direct from the lessees, licensees or holders of permits under
this Act shall keep a record, in form approved by the Depart-
ment, of the different kinds and quantities of fish taken or
caught in provincial waters and purchased by them, with the
date, name and address of the person from whom purchased,
Sruch book to be open for the inspection of the overseer at all
reasonable times ; and a monthly abstract from such book shall
be forwarded by the said fish companies or fish dealers to
the department on forms supplied by the department for
that purpose, ^^such abstract to be forwarded on or before
the fifth day of each month and to cover the preceding calen-
dar month."®*

Particulars to
be marked in
parcels, etc.,
of fish.

43. Any box, basket, crate, package or other utensil what-
soever, containing fish for shipment *^ whether caught in Pro-
vincial or private waters'®* shall be labelled with the names of
the consignee and consignor, and shall have stated thereon
the contents of such box, basket, crate, package or other
utensil.

Propogation 43. The Commissioner of Fisheries shall have power to set
'^"^ ■ apart any suitable provincial waters for the cultivation and

propagation of frogs, and to make regulations with reference
to the capture thereof.

Certain fish
not to be sold
or exported
before 1st
July, 1903.

44 Save as in subsection 2 provided no speckled trout, bass
or maskinonge taken or caught in provincial waters shall be
exposed for sale in or exported from the Province before the
first day of July, 1903.

^"2. Fish caught by any tourist or summer visitor, not exceed-
ing the lawful catch of two days' angling, may be taken out
of the Province by such tourist or summer visitor when leav-
ing tbe Province."^^

45. No sturgeon shall be caught, taken or killed by any Sturgeon,
means whatever without a license first had and obtained,
^and in the inland waters of the Province none shall be
taken"^* between 1st April and 10th May, but nothing in

this section or in section 47 shall be deemed to restrict close
season prohibitions.

46. No person shall take, catch or kill in any of the waters Number of
of this Province in one day by angling, or shall carry away, a which may be
greater number than twelve bass, twenty pickerel, or four caught in one
maskinonge.

47. No person shall take, catch or kill in any of the waters Speckled
of this Province, in one day by angling, or shall carry away,

a greater number of speckled or brook trout than in the
aggregate shall weigh more than fifteen pounds, and no greater
number than fifty speckled or brook trout, though said
number weighs less than fifteen pounds, and none between
1st September and 1st May, both days inclusive.

48. No bass less th;in ten inches in length, no speckled l^'^?^* ^^^*^,g
tiout less than six inches in length, no pickerel less than taken,
twelve inches in length, and no maskinonge less than eighteen

inches in length shall be retained or kept out of the water,
sold, ofl[ered or exposed for sale or had in possession ; but
every person who takes or catches any of the fish mentioned
of less than the minimum measurement named (which measure-
ment shall be from point of nose to centre of tail) shall imme-
diately return such undersized fish to the water from which
they were taken, alive, and, in so far as possible, uninjured.

49. No non-resident, tourist or summer visitor shall take. Tourists, etc,
catch or kill in any one day, by angling in the inland waters ^"^^^1,^;°^
of this Province, or shall carry away, a greater number than may be

ten salmon or lake trout, any one of which shall exceed two caught by.
pounds in weight.

50. No person shall by any means whatever take, catch or }^^'*'^'?*. ^
kill, or shall buy, sell or offer or expose for sale, or have in may be taken,
possession any salmon trout, lake trout or whitefish weighing

less than two pounds in the round or undressed, or which
when dressed weighs less than one pound and three-quarters,
or any sturgeon of less than ten pounds in weight when
dressed.

51.. *^No one shall fish by an^rling in^^the waters of Lake Regulations
Nepigon in the District of Thunder Bay, in the River Nepi- waters. ^^'^*'°

gon in the same District, nor in any tributaries of the said
lake or river, without first having obtained an angling
license from the Commissioner of Fisheries through the local
overseer at Nepigon.

peSffor'^'^ The following subsections, numbered 1 to 7 inclusive, shall
Nepigon apply to the waters^in the next preceding section ment-

waters. ioned"®*.

1. One angler's license or permit only may be issued to
any applicant, and shall not be for a longer period than
two weeks from the date of issue.

2. The fee for such license or permit shall be $25.00 where
the applicant is not a permanent resident of Canada, and
$5.00 where the applicant is a permanent resident of Canada.

3. The holder of such license or permit shall not catch or
kill in one day, or carry away, a greater number of speckled
trout than in the aggregate shall weigh more than twenty -
five pounds, or a greater number than ten speckled trout in
any one day though said number weighs less than twenty-five
pounds.

4. The said license or permit shall not be transferable, and
the holder thereof shall produce and exhibit the same when-
ever called upon so to do by a fishery overseer.

5. All fishing camps, and fishing parties visiting the said
waters shall be subject to the supervision of the fishery over-
seer or overseers.

6. Such sanitary arrangements as the overseer may direct
shall be made, and such directions as he may give for the dis-
posal of refuse and the extinction of fires shall be complied
with.

Indians. *j 'pjjg cutting of live timber the property of Ontario by

persons holding a license or permit to angle in said waters
their servants or agents is prohibited except where absolutely
necessary for the purpose of camping and shelter, such as for
tent poles, tent pins, and the like.

Penalty for
contravention
of Act where
no special
penalty.

53. The preceding section shall also apply to Indians who
act as guides, boatmen, canoemen, camp assistants or helpers
of any kind of any fishing party or person or persons who may
hold a fishing license or permit during the time they are engaged
with such party, person or persons, but shall not otherwise
apply to Indians.

53. Where any of the provisions of this Act, or of any
regulations made under the authority thereof by the Lieuten-
ant-Governor-in-Council, are contravened, and no other penalty
is herein provided for such contravention, the person guilty of

such contravention shall, on conviction thereof, incur and pay
a fine of not less than $10, nor more than $50, find for a sec^md
or subsequent offence of not less than $20, nor more than $100,
with costs of prosecution, and in default of immediate payment
of such fine and costs, shall be imprisoned in the common gaol
of the county or district within which the off^ence was commit-
ted, for a period not exceeding one month. R. S. O. c. 288,
s. 48.

54. All prosecutions for the punishment of any offence under Who may
this Act, may take place before any Fishery Overseer, Stipen- termine com-
diary or Police Magistrate, or one or more of Her Majesty's plaints where
Justices of the Peace having jurisdiction in the county or dis- than $50.^
trict in which the offence is committed. R. S. O. c. 288, s. 49.

55. Where an offence under this Act is committed in, upon, Offences in
or near, any waters forming the boundary between different waterct"^^
counties or districts, such offences may be prosecuted before

any Magistrate or Fishery Overseer, for either of such contig-
uous counties or districts. R. S. 0. c. 288, s. 51.

5(y. Any Fishery Overseer or Magistrate may, on view, or p«'-tiuctionof
otherwise, convict for any offence against the provisions of this ap^ffi^atus.'*^^
Act, or of any regulation made thereunder, and shall instantly
capture and detain, or destroy, all seines, or nets, or other
materials and articles illegally set or in use which are shown
to have been illegally in use. R. S. 0. c. 288, s. 52.

5 7. Contravention, on any day, of any of the provisions of Separate
this Act, or of any regulation made under the authority thereof offences.
by the Lieutenant-Governor-in-Councii, shall constitute a
separate offence, and may be punished accordingly. R.S.O. c.
288, s. 53.

58. Any person may be the prosecutor or complainant in Who may be
prosecutions under this Act ; and it shall be the duty of every ^0)^^°^'^*^'^ j"^
fishery overseer and fire and wood ranger, constable and peace

officer, and every game and deputy game warden, to aid in the
observance of the provisions of this Act, and in bringing
offenders to justice. R.S.O. c. 288, s. 54.

59. The following provisions shall have effect with respect Provisions
to summary proceedings for offences, fines and penalties under r'"*'^ respect

ii'iL, to summary

this Act : — proceedings.

1. The information or complaint shall be laid within three
months after the commission of the offence.

2. The description of an offence, in the words either of this
Act, or of any regulation made by authority thereof, or in any
similar words shall be sufficient in law.

3 Any exception, exemption, proviso, excuse or qualifi-
cation, whether or not it accompanies the description of

the offence in this Act, or in any regulation made by
authority thereof, may be proved by the defendant, but need
not be specified or negatived in the information or complaint,
and if so specified or negatived, no proof in relation to the
matter so specified or negatived shall be required on the part
of the informant or complainant. R.S.O. c. 288, s. 55.

Witnesses and 60. (1) Upon the hearing of any information or complaint
evidence. exhibited, or made, under this Act, the person giving or mak-
ing the information or complaint shall be a competent witness,
notwithstanding that such person may be entitled to part of
the pecuniary penalty on the conviction of the offender,

(2) On the trial of a,ny complaint, proceeding, matter or
question under this Act, the person opposing or defending, or
who is charged with any offence against or under any of the
provisions of this Act, shall be competent and compellable to
give evidence in or with respect to such complaint, proceeding,
matter or question, and on any such trial no person, witness
or party shall be excused from answering any question upon
the ground that the answer to such question may tend to
criminate him, or may tend to establish his liability to a civil
proceeding at the instance of the Crown or any other person ;
provided, however, that no evidence so given shall be used or
receivable in evidence agamst such person in any criminal pro-
ceeding thereafter instituted against him, other than a prosecu-
tion for perjury in giving such evidence. KS.O. c. 288, s. 56.

Committal on 61. In default of the payment of any penalty imposed by
non-payment ^]^|g ^^^^ g^jj(j costs, by any person convicted of any offence
under this Act, the offender may be committed to the com-
mon gaol of the district or county where the offence was
committed for a period not exceeding three months, unless the
penalty and costs, and the costs and charges of the commitment,
and conveying the defendant to prison, are sooner paid, and the
amount of such costs and charges of commitment and conveying
the offender to prison shall be ascertained and stated in the
warrant of commitment. R.S.O. c. 288, s. 58.

SfappiV't?^ 62. Save where otherwise provided by this Act, all the

prosecutions provisions and forms authorized under The Ontario Summary

Act'^Rev'^ Convictions Act shall apply as far as they may be applicable,

Stat. c. 90. to all prosecutions and proceedings under this Act, where not

inconsistent with this Act, except on proceedings on appeal ;

and the practice and procedure upon and with respect to

appeals and all proceedings thereon and thereafter, shall .be

governed by The Act respecting the procedure on Appeals to

the Judge of the County Court from Summary Convictions.

R.S.O. c. 288, 8. 59.

^rm.*^*^ "^ 63. A conviction or order made in any matter arising under

this Act, either originally or on appeal, shall not be quashed

for want of foim, and a conviction or order made by a court

of summary jurisdiction, against which a person is authorized

to appeal, shall not be removed by certiorari or otherwise, Convictions

either at the instance of the Crown or of any private person on'certiorarL '^

into the High Court, except for the purpose of the hearing and

determination of a special case. R.S.O. e. 288, s. 60.

64. One-half of every fine or penalty imposed by virtue of Application
this Act shall belong to Her Majesty, for the uses of the
province, and the remaining half shall be paid to the prose-
cutor, together with any costs taxed to him by the convicting
justice in respect thereof.

05. All vessels, boats, canoes, rafts, vehicles of any descrip- Confiscated
tion, fishing gear, rods, line, tackle, seines, nets, or other P'^°p®'" y*
material, apparatus or appliances used, and all fish had or
taken in contravention of this Act, or any regulation made
thereunder, and all other fish legally taken, caught, killed,
conveyed, bought, sold, or had in possession, and of whatever
size and description which are intermixed therewith, shall be
confiscated to Her Majesty for the uses of the province, and may
be seized and confiscated and sold or destroyed on view, or other-
wise, by any fishery overseer, and may be taken and removed,
by any person, for delivery to any magistrate or fishery over-
seer ; and the proceeds thereof shall belong to Her Majesty, for
the uses of the province, and may be applied towards defray-
ing expenses incurred under the provisions of this Act.

66. The moiety of every fine or penalty belonging to Her Application
Majesty for the uses of the province, and all proceeds derived °^ ^°^^-
from the sale of articles confiscated to Her Majesty under this

Act, shall be paid over to the Treasurer of the Province
through the Commissioner, and shall be applied towards the
expenses incurred in carrying out the provisions of this Act.

67. Persons aggrieved by any conviction or confiscation Appeal to
under this Act may appeal, by petition to the commissioner, commissioner,
who shall have power to remit fines and penalties, and restore
forfeitures, under this Act R.S.O., c. 288, s. 61 ; amended by

62 V. (2) c. 34, s. 9.

68. All Fishery Acts in force prior to this Act are hereby Repealing
repealed, saving and excepting sections 9 and 24 of R S. O. section.
c. 288 (1897).

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Bill No. 239
NOT PRINTED

No. 230.] T)TT T [1900

BILL.

An Act to amend The Municipal Amendment
Act, 1899.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Section 35 and sub-sections thereof of chapter 26 of 62 62 Vic, c 26,
5 Victoria intituled " The Municipal Aifnendment Act, 1899," b. 35 amended,
are hereby repealed.

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No. 231.] T)TT T [1^0^

BILL.

An Act to amend the Act respecting Master and

Servant.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. Section 18 of The Act respecting Master and Servant Rev. Stat.
sis amended as follows; the word "conviction" in the 12 th ^;^^g^J^g|°* ^^'
line of the said section the words " shall order and ad-
judge the offender to be punished according to the convic-
tion, or," in the ISfch and 14th lines of the said section, and
the words " or of dismissal as the case may be," in the loth
10 and 16th lines of the said section, are struck out.

^. Section 23 of the said Act is amended as follows : The Rev. Stat,
word " conviction " in the 2nd line, the worJs " may order ame^nded^^'
and adjudge the offender to be punished according to the con-
viction or order, or he," in the 2nd, 3rd and 4th lines, and the
15 words " or of dismissal as the case may be," in the 5th line of
the said section, are struck out.

3. The said Act is further amended by adding thereto the Rev. Stat,
following sub-section to section 23, viz : — (2) On every such auie^Jdedf^'
appeal and whether the appeal is allowed or dismissed, the

20 Judge may, if he shall see fit, allow to the successful party his
costs of the appeal, and direct the payment of the same by the
unsuccessful party, as costs " awarded or ordered to be paid,"
within the meaning of those words as used in the 10th line of
said section 23, and payment thereof may be enforced in the

25 manner in the said section provided.

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No. 232.] T>TT T [1900

BILL

An Act to amend The Municipal Drainage Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Subsection I of section 21, of The Municipal J.meri(i- 6i Vict., c. 23,
5 ment Act, 1898, is amended by inserting after the word amended,
" debentures " in the tenth line the words " for the purpose of
paying the interest on the said debenture debt," aud by strik-
ing out the word " five " at the commencement of the eleventh
line and inserting the word " six " in lieu thereof.

10 3. Subsection 4 of the said section is amended by striking 61 Viot., c. 23,
out the word "three" at the end of the first line of the said amended,
subsection and inserting the word "four" in lieu thereof.

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No 233] BTTJ.

[1900.

An Act to amend The Mines Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Sections 3, 4, 5 and 6 of The Mines Act, are hereby Rev. Stat.
5 repealed. c. 36, ss. 3-6

'■ repealed.

3. All royalties which by the Act passed in the 54th year Royalities
of Her Majesty's reign; entitled An Act to amend the General abolished.
Mining Act, or by The Mines Act, 1892, or by the Revised
Statutes (18.97), respectinc^ mines, or by any patent, have been
10 reserved, imposed or made payable to the Crown for the use
of the Province upon or in respect of any ores or minerals
extracted from lands granted under any patent, are declared
to be abandoned.

3. All reservations of mines, ores and minerals contained in Reservations
15 any patent issued prior to the 1st day of July, 1867, are hereby j|,°8gfn|g^^

rescinded and made void, and all mines, ores and minerals in
or upon such lands shall be deemed to have been granted in
fee simple as part of such lands, and to have passed with the
said lands to the subsequent and present owners thereof free
20 from any such reservation.

4. No owner of any mine shall carry on the business of I^icenge re-
mining for any of the ores mentioned in Section 7 of this miners. ^
Act or for any other oie or mineral in respect of which a tax

is imposed under clause f of said section 7 without first taking
25 out a license under the provisions of this Act.

5. — (1) The licenses shall be signed and issued by the Direc- Annual
tor of the Bureau of Mines in such form as the Lieutenant- licenses.
Governor- in -Council may direct, and shall be dated as of the
1st day of May in each year, and shall continue in force until
30 and including the 30th day of April of the next ensuing year
and no longer.

(2) Every license issued under this Act shall designate the
property in respect of which it has force, and when the property
belongs to two or more persons the license may be issued in the
25 name of any one or more of them, and when the property be-
longs to a corporation the license may be issued in the name of
the corporation or in the name of one or more of its officers.

Fees on
licenses.

Taxes on
mining.

(3) No one license shall apply to more than 320 acres of land,
or shall include parcels that are more than five miles apart.

6. — (1) The fee chargeable for a license shall be $10, unless
a greater amount is payable as provided in the next sub-
section. 5

(2) A second or subsequent license shall not be issued under
this Act until all sums (if any) owing for taxes hereunder in re-
spect of the property proposed to be co'vered by such license have
been paid, and such sums shall constitute the fee payaVjle for
the issue of any second or subsequent license in respect of such 10
property.

7. Every person carrying on the business of mining for any
of the said ores in this Province shall pay a tax upon the gross
quantity of the ores or minerals mined, raised or won during
the preceding j'-ear from any mine worked by him to be paid to 15
the Treasurer of the Province for the use of the Province at
the following rates, or such less rates -as maybe substituted by
proclamation of the Lieutenant Governor, namely :

(a) For ores of iron, fifty cents per ton ;

(b) For ores of zinc, $5 per ton, or $15 per ton of metal 20

contents if partly treated or reduced ;

metal contents if partly treated or reduced ;

(d) For ores of nickel, $10 per ton, or $60 per ton of
metal contents if partly treated or reduced ; 25

(e) For ores of copper and nickel, $7 per ton, or $20 and

$50 respectively per ton of metal contents of cop-
per and nickel if partly treated or reduced.

(/) For all other ores or minerals, such rates as n.ay be
from time to time imposed by Order-in-Council, 30
but so as not to exceed five per cent, of the selling
prices thereof in a free market.

Rtatetnent to
be filed by
miaers.

8 — (1) Every person working any mine shall on or before
the 15th day of February of each year file with the Director of
the Bureau of Mines a statement under oath showing the out- 35
put during the year ending on the 31st day of December next
preceding of every mine worked by him or on his behalf, in
such form as the Lieutenant-Governor-in-Council may direct,
and showing what disposition has been made of such output.

(2) When the business is carried on by an incorporated 40
company the said statement shall be made upon oath by the
president and manager, or by the manager and secretary of the
company. If there are no such officers, then by such persons
as the Director of the Bureau of Mines may require.

(3) Any oath required to be taken under this Act may be
taken before a eomraissioner for taking affidavits, a notary
public or a justice of the peace.

9. — (1) The owners of the mine shall be jointly and sever- Owners
5 ally liable to the Crown for the amount of the taxes payable in severally
respect thereof, and the same shall be recoverable by action at liable for tax.
the suit of Her Majesty on behalf of the Province.

(2) The taxes payable under this Act shall be a charge
upon the property in respect of which the license has force
10 and in respect of which such taxes are payable, and shall have
priority over all other charges thereon ; and in case the same
are not duly paid proceedings may be taken for and on behalf
of Her Majesty to foreclose the estate and right of all persons
claiming any interest in the said property.

15 (3) In any action under this section Her Majesty's Attorney
General shall have the same right either before or after the
trial to require the production of documents, to examine parties
or witnesses, or to take such other proceedings in aid of the
action as a plaintiff has or may take in an ordinary action.

20 10. Where ores or minerals that have been mined, raised or Remittinf? tax
won in this Province are smelted orotherwise treated in the tl^^ated'In^
Dominion of Canada by any process so as to yield fine metal, Canada,
or any other form of product of such ores or minerals suitable
for direct use in the arts without further treatment, then and

25 in every such case the taxes provided herein or such proportion
thereof as may be fixed by the Lieutenant (Governor in
Council may be remitted, or if collected may be returned under
such regulations as the Lieutenant Governor in Council may
prescribe.

30 11. — (1) Any person required under this Act to take out a Penalty for
license who works or permits to be worked any mine without 'Without I
a license under this Act covering such mine shall forfeit to Her license.
Majesty the sum of $10 for every day during which he with-
out the said license works or permits such mine to be worked,

35 such sum to be recovered with costs by an action on behalf of
Her Majesty in any court of competent jurisdiction.

(2) No mine shall be deemed worked within the meaning of
this Act unless ore to a greater amount than 500 tons is
brought therefrom to the surface within the calendar year.

4Q 13^ The Director of the Bureau of Mines shall pay over to Payment over
the Treasurer of the Province all moneys received by him under received^by
the provisions of this Act, under such regulations and at such directors,
times as the Lieutenant Governor in Council shall direct.

13.— (1) The piovisions of sections 4 to 11 or of any of them Proclamation
45 may from time to time in whole or in part be brought into tionr'i"innt()
forcfe and effect by proclamation of the Lieutenant Governor force.

in Council, and until so brought into force shall not take effect,
and the Lieutenant Governor may by the proclamation bring-
ing any of such provisions into force or by subsequent procla-
mation substitute any less rate ibr any rate imposed by section
7 of this Act, and may also by proclamation direct that such 5
proportion of the said taxes as may be deemed advisable shall,
-subject to such conditions as may be imposed, be remitted in
respect of ores or minerals refined in the United Kingdom or
in any British Colony or Dependency.

(2) No return shall be made in respect of any taxes paid 10
unless within twelve months of the time of payment ai)plica-
tion is made therefor and satisfactory evidence is furnished
showing facts that entitle the applicant to the relief claimed.

(3) All payments made under section 7 shall be kept by the
Provincial Treasurer in a separate account for a period of two 15
years, after which the same shall form part of the Consolidated
Revenue Fund and shall be entered accordingly.

Proviso in 14. — (1) All patents or leases for mining lands shall con-

lea^ye's'of*" ^^^^ ^^® express condition that all ores of nickel or copper
mining lands won, raised or taken from such lands shall be smelted or other- 20
nrckefami^ ^^ ^^^® treated within the Dominion of Canada so as to pro-
copper, duce fine nickel or copper, or any form of product of such ores
suitable for direct use in the arts without further treatment ;
and should any ores of nickel or copper so won, raised or
taken from such lands be removed beyond the bounds of the 25
Dominion of Canada without first being so smelted or other-
wise treated, the patents or leases for such lands shall be null
and void, and the lands shall revert to and become vested in
Her Majesty, her successors and assigns freed and discharged
from any interest or claim of any other person or persons what- 03
soever in like manner as if the same had never been granted
or demised. This section shall be deemed and held to have
been in force since the 24th day of November, 1899.

(2) Where it is shown to the satisfaction of the Lieutenant
Governor in Council that owing to distance from smelting, 35
treating or refining works within the Dominion of Canada or
other sufiicient cause such ores cannot be profitably mined or
won upon or from lands subject to the said condition, the
Lieutenant Governor in Council may waive the same for such
period as he deems expedient. 40

Working con- 15. — (1) Where a mining location or a mining claim of

ditions of iron j^^^ more than 40 acres hereafter sold, leased or licensed is

shown to be valuable for iron ore the Governor-in Council

may upon report of an Inspector or other officer require
such ore to be raised or mined by the owner, lessee or
licensee thereof, to an extent of 2,000 tons yearly for a period
of ten years, or 20,000 tons in a shorter period of time, or
any less amount which the Inspector may recommend in the
case of every such location or claim ; and if a location is of

greater area than 40 acres a proportional amount of ore may
be required to be raised or mined by the owner or lessee
thereof.

(2) In default of compliance with the requirements afore-
5 said during the first two years or during any subsequent year
of the said period of ten years, all rights connected with any
such mining location or mining claim shall upon an Order in
that behalf being made by the Lieutenant Governor in Coun-
cil, upon the report of the Director of the Bureau of Mines
10 that such requirements have not been complied with revert to
and be vested in Her Majesty, her successors and assigns, for
the public uses of the Province, freed and discharged of any
interest or claim of any other person or persons whatsoever.

16. Subsection 1 of section 8 of The Act respecting Mining 6i V. c. ii, s.
15 Claims as amended by section 13 of The Act to amend """^"

the Mines Act is repealed and the following is substituted
therefor :

(1) A mining claim shall also be deemed to be forfeited and Forfeiture of
abandoned and all right of the licensee therein shall cease in ^^"^^"^ ° *™-

20 case the miner's license has run out and has not been renewed,
or if the annual fee for the claim has not been prepaid, or if
$150 shall not be expended upon each claim taken up except
as hereinafter in this section provided in stripping, or in open-
ing up mines, in sinking, shafts, or in other actual mining

25 operations, exclusive of all houses, roads and other like im-
provements in every licensed year, and the said expenditure
shall consist of labor actually performed by grown men te be
computed at the rate of $2 per man per day ; but when work
upon a larger scale is required to be performied upon a claim

30 valuable for iron ore, such requirements shall apply instead of
the provisions of this subsection.

17. Section 11 of The Mines Act, is amended by striking Rev. Stat.
out the word "five" in the seventh line thereof and inserting and^ialmend-
the word " ten " in lieu thereof, and section 12 is amended ed.

35 by striking out the word " five " in the fourth line thereof and
inserting the word " ten ' in lieu thereof.

18. Section 24 of the said Act is amended by striking out Rev. stat.
the words " otherwise provided by this Act " after the word anfended^^
" where" in the ninth line thereof, and inserting in lieu there-

40 of the words "appeal is made therefrom to the Commissioner
of Crown Lands within twenty days from the date of such
decision,"

19. Subsection 3 of section 50 of the said Act is amended by j^g^ gt^^
adding thereto the words " and a road allowance of one chain c. 36, s. 50,

45 in width shall' be reserved along the water, together with such amended,
additional area as in the opinion of the Commissioner of Crown
Lands may be necessary for the development and utilization of
such water power."

Rev. Stat,
c- 36, s. 22
amended.

Plans of mines
to be filed.

30 Section 22 of the said Act is amended by adding thereto
the following subsection :

(2) An accurate plan of every working mine in which levels,
crosscuts or other openings have been driven from any shaft,
adit or tunnel, and of every mine consisting of either a tunnel 5
or shaft having a longitudinal extension of fifty feet or more,
shall be made and tiled at the office of the Bureau of Mines
every six months, and whenever work in a mine has been
discontinued or abandoned for a period of one month such
plan shall be filed at the office of the Bureau of Mines 10
within two months from the date of cessation of work ; and
failure to comply with any of these provisions on the part of the
owner or agent of the mine shall be regarded as an offence
aofainst this Act.

Rev. Stat.
c. 36, s. 66,
repealed.

Liquor
licenses for-
bidden.

31. Section 66 of the said Act is hereby repealed and the 15
following is substituted therefor :

66. — (1) Excepting in towns and incorporated villages, no
license shall hereafter be issued to any public house, beer shop
or other place not now under license for the sale of any spirits,
wine, beer or other spiritous or fermented liquor within six 20
miles of any mine or mining camp where six or more work-
men are employed.

Prohibition of (2) No wages shall be paid to' any person employed in or

wages^a^pub- about' any mine to which this part applies at or within any

lie houses, etc. public house, beer shop or place for the sale of any spirits, 25

wine, beer or other spirituous or fermented liquor, or other

house of entertainment, or within any office, garden or place

belonging or contiguous thereto or occupied therewith.

(3) Every person who contravenes or permits any person
to contravene this section shall be guilty of an offience against '^0
this Act, and in the event of any sach contravention by any
person whomsoever the owner and agent of the mine in respect
of which the wages were paid shall each be guilty of an offence
against this Act, unless such owner or agent proves that he had
taken all reasonable means to prevent such contravention by ^^
publishing and to the best of his power enforcing the provisions
of this section.

22. Section 69 of the said Act is repealed and the following
is substituted in lieu thereof :

General rul«8. 69. The following general rules shall so far as may be ^^
reasonably practicable be observed in every mine to which this
part applies :

(1) An adequate amount of ventilation shall be constantly
produced in every mine to such an extent that the sliafts,
winzes, sumps, level."*, underground stables and working places 45
of such mine and the travelling roads'to and from such work-

Vcntilation.

ing places shall be in a fit state for working and passing
therein.

(2) No magazine of powder, dynamite or other explosive Magazine for
shall be erected or maintained at a nearer distance than two explosive*.

5 hundred yards from the mine and works, except with the
written permission of the Inspector, and the magazine shall be
constructed of materials and in a manner to ensure safety
against explosion from any cause.

(3) No powder, dynamite or other explosive shall be stored Whenexplos-

,^^T^ *^,.-',. . . ^ p ii» ives are stored

10 underground m a working mine m excess ot a supply tor in a mine,
forty-eight hours, and in no case shall more than 100 pounds be
so stored. It shall be kept in securely covered boxes, and as far
as practicable in small quantities in unused parts of the mine.

(4) A thorough daily inspection shall be made of the cori- inspection of
15 dition of stores of explosives in a mine, and it shall be the !!^,^I!t^l^r^P«a'

.1 /-%-» • •% /» 1 SlVcS in H IIllUD*

duty of the manager, captain or other oihcer in charge ot the
mine to institute an immediate investigation when an act of
careless placing or handling of explosives is discovered by or
reported to him ; and any emplo3'ee who commits a careless
20 act with an explosive or where explosives are stored, or who
having discovered it omits or neglects to report immediately
such act to an officer in charge of the mine, shall be guilty of
an offence against this Act.

(5) A proper apparatus, approved by the Inspector (with a Apparatua for
25 thermometer to measure temperature), shall be provided for thawing

£ i.-u • 1 • J u 11 1. explosives.

use m every mine tor thawing explosives, and shall be em-
ployed under the direction of the mine foreman, or of careful
and experienced workmen.

(6) In charging holes for blasting, no iron or steel tool or No iron or
30 rod shall be used, and no iron or steel shall be used in any^t^eltobe

• • • 1186(1 111 CnArfiT'

hole containing explosives. ing holes.

(7) A charge which has missed fire shall not be withdrawn. Missed holes
but shall be blasted ; and in case the missed hole has not been to be reported,
blasted at the end of a shift, the fact shall be reported in

35 writing to the next relay of miners before v/ork has been
commenced by them.

(8) All drill holes, whether sunk by hand or machine drills. Size of drill
shall be of sufficient size to admit of the free insertion of a stick ^°'*"''

40 or cartridge of powder, dynamite or other explosive without
ramming, pounding or pressure.

(9) No powder, dynamite or other explosive shall be Blasting of
used to blast or break up ore in roast heaps where by reason ^^^^^ heaps,
of the heated condition of such ore or otherwise there is any

45 danger or risk of premature explosion of the charge.

(10) Every underground plane on which persons travel which Man-holes in
is self-acting, or worked by an engine, windlass or gin, shall be self-acting or
provided at intervals of not more than twenty yards with ®°^'°® ^ *°®'"
sufficient man-holes for places of refuge, and every such plane

50 which exceeds thirty yards in length shall also be provided

with some proper means of signalling between the stopping
places and the end of the plane.

Refuges in (H) Every road on which persons travel underground where

tramroadp. the produce of the mine in transit ordinarily exceeds ten tons

in any one hour over any part thereof shall be provided at 5
intervals of not more than one hundred yards with sufficient
spaces for places of refuge, each of which spaces shall be of
sufficient length, and of at least three feet in width between
the waggons running on the tramroad and the side of the road;
and the Commissioner of Crown Lands may, if he sees fit, 10
require the Inspector to certify whether the produce of the
mine m transit on the road aforesaid does or does not ordin-
arily exceed the weight as aforesaid, and such certificate shall
be conclusive as to the matters therein stated.

Keeping (12) Every man-hole and space for a place of refuge shall 15

refuges clear, j^g constantly kept clear, and no person shall place anything
in a man-hole or in such space in such a position as to pre-
vent convenient access thereto.

Protection of (13) Where drifts extend from a shaft in opposite directions
workmen in q^ ^he same level, a safe passage waj' and standing room for 20

workmen shall be made on one or both sides of the shaft to

afford protection against falling material.

and Hhafta. (14) Where a shaft is being sunk below levels in which work

is going on, a suitable pentice shall be provided for protection
of workmen in the shaft. 25

Fencin<?i.f (1'5) The top of every shaft which was opened before the

old shafts and commencement of the actual working for the time being of
er openings ^j^^ niine and has not been used during such actual working
shall, unless the Inspector otherwise permits, be securely fenced,
and the top of every other shaft which for the time being is 30
out of use, or used only as an air shaft, and all other pits or
openings dangerous by reason of their depth upon which work
has been discontinued, shall also be secure 'y fenced.

Fencing of (16) The top and all entrances between the top and bottom

T^ff"^ * *° ^^ every working or pumping shaft shall be kept properly 35
fenced, but this shall not be taken to forbid the temporary
removal of the fence for the purpose of repairs or other oper-
ations, if proper precautions are used.

Securing of (17) Where the natural strata are not safe, every working

shafts. Qj, puixiping shaft, adit, tunnel, drive, roadway or other work- 40

ing shall te securely cased, lined or timbered, or otherwise

made secure.

Safety from (18) Every mine shall be provided with proper and sufficient
water. machinery and appliances for keeping such mine free from

water, the accumulation or flowing of which might injuriously 45

affect any other mine.

Division of (19) Where one portion of a shaft is used for the ascent and

shaft.

descent of persons by ladders or by a man engine, and another

portion of the same shaft is used for raising the material
being mined, the first mentioned portion shall be cased or
otherwise securely fenced off from the last mentioned portion.

(20) Every working shaft in which persons are raised which signalling.
5 exceeds fifty yards in depth shall, unless exempted in writing

by the Inspector, be provided with guides and some proper
means of communicating by distinct and definite signals from
the bottom of the shaft, and from every entrance for the time
being in work between the surface and the bottom of the
10 shaft, to the surface, and also of communicating from the sur-
face to the bottom of the shaft, and to every entrance for the
time being in work between the surface and the bottom of the
shaft.

(21) Workmen may not be lowered or hoisted in shafts. Conditions
15 winzes or other underground openings of a mine under any of ""der which

,, £ n • j-t' r to J machinery

the tollowmg conditions • may not be

used to lower

{a) In buckets, kibbles or tubs, where a crosshead is "n a mine,
not provided as a guide for the rope or cable.

(6) In buckets, kibbles or tubs which slide on skidways
20 or other guides,

(d) In buckets, kibbles, tubs or on cages which are not pro-

vided with a hood over them, or with a secure
guard wall or housing of logs, boards or masonry
25 around and extending at least two feet above the

level of each and every landing and loading stage,
platform or station floor in the shaft or winze.

(e) Where loading bins are used on the side of the shaft

or winze for loading by chutes directly into the
OQ bucket, kibble or tub.

(/) Where no detaching hooks or other safety appliances
are employed to prevent overwinding.

(g) Where the hoisting engine used is provided with less
than two brakes.

OS (h) Where no indications othe/than marks on the rope or

cable are used to show to the person who works
the machine the position of the bucket, kibble, tub
or cage in the shaft or winze.

(i) Where the rope or cable passes through blocks instead
40 of passing over a sheave of diameter suited to the

diameter of the rope or cable and properly mounted
on a secure head -frame.

(j) Where the lowering and hoisting mechanism consists
of a derrick, horse- whim or hand windlass.

At- It shall be the duty of the owner of every mine to post and
maintain at the mouth of the shaft or other conspicuous place
a printed copy of this rule, and in any case of accident occurr-
ing as a result of violation of this rule the owner shall not be
2—233

Sliidways fur
buckets.

Skipways.

Forbidden.

Slipping of
rope on drum.

Brake.

Uniform
signal code.

liable for damages except upon proof that he has permitted or
authorized the employment of means herein prohibited for
raising and lowering workmen in a mine, or that a suitable
manway has not been provided.

(22) All skidways for buckets shall be iron-shod after a
depth of sixty feet has been reached in a shaft or other open-
ing in a mine.

(23) Skipways shall be provided with back timbers to pre-
vent skips leaving the track.

(24) Hoisting with horse and pulley-block is forbidden.

(25) There shall be on the drum of every machine used for
lowering or raising persons such flanges or horns, and also, if
the drum is conical, such other appliances as may be sufficient
to prevent the rope from slipping.

(26) There shall be attached to every hoisting machine a 15
brake adequate to hold a bucketful of rock or ore where a
bucket is used or a skipful of rock or ore where a skip is used

at any point on the shaft, and also a proper indicator (in addi-
tion to any mark on the rope) which will show to the person
who works the machine the position of the cage or load in the 20
shaft.

(27) The following code of mine signals shall be used at all
mines, and copies of it shall be posted up in the engine-house,
at the shaft mouth and at all landing and loading stations
below ground : 26

Signal Bells.

One bell Hoist.

One bell ...... Stop, if in motion.

Two bells Lower men.

Three bells Hoist men.

Four bells Blasting signal. Engineer must ans-
wer by raising bucket or cage a
few feet and letting it back slowly.
Then, one bell, hoist men away
from blast.

Five bells Steam on.

Six bells Steam off.

Seven bells . Air on.

Eight bells .... Air off".

3—2—2 bells . . .Send down drills.

3 — 2 — 3 bells. . . . Send down picks.

Nine bells Danger signal, in case of fire or

other danger. Then ring number
of station where danger exists.

No person shall ring any bell except the station

tender, unless in case of danger, or when the main

shaft is being sunk. Engineers must]^slow up in pass-
ing stations when men are on the cage.

Station Bells.

Bells. Pause. Bells. Station number.

2 " 1 1

2 " 2 . . 2

5 2 " 3 3

2 " 4 . . 4

2 " 5 5

3 '• 1 6

3 " 2 7

10 3 " 3 , 8

3 " 4 9

3 " 5 10

4 " 1 11

4 " 2 12

15 4 " 3 13

4 " 4 14

4 " 5 15

5 " 1 , 16

5 " 2 17

20 5 " 3 18

5 " 4 ,... 19

5 " 5 20

6 " 1 21

6 " 2 22

25 6 " 3 23

6 " 4 24

6 " 5 25

7 " 1 26

7 •' 2 27

30 7 " 3 28

"^^ 7 " 4 29

7 " 5 30

When a cage is at the surface it shall be retained
there until called down by ring of a station signal.
When a cage is wanted, ring station signal. Station
35 tender will answer one bell. Reply, one bell, to go

up. Reply, two bells, to go down. If a station is
full of ore and the station tender is wanted, ring
station signal and do not answer back. If 2 — 1 — 2
bells are rung, the engineer or station tender does
40 not understand : repeat signal. In case of accident,

ring the station signal ; station tender will reply one
bell ; ring nine bells.
(28) A proper footway or ladder, inclined at the most con- Inclination of
venient angle which the space in which the ladder is fixed l*^^^^"'
allows, shall be provided in every working shaft where a man
^^5 engine is not used for raising or lowering persons as provided
in rule 19 ; and every such ladder hereafter constructed in a
working shaft shall have substantial platforms at intervals of
not more' than twenty feet, and no such ladder shall be fixed
for permanent use in a vertical or overhanging position unless
50 in shafts used exclusively for pumping. In every mine in

Dressing
room.

Fencing
machinery.

Gauges to
boilers and
safety-valves.

Wilful
damage.

Instructions
and rules to
be posted.

which vertical or overhanging ladders shall be in use in the
shaft at the time these rules were first applied to it, such
ladders may be retained if securely fixed platforms are con-
structed at intervals of not more than thirty feet from each
other, and such ladders have sufficient spaces for footholds of 5
not less than six inches.

(29) If more than six persons are ordinarily employed in
the mine below ground, sufficient accommodation shall be pro-
vided above ground near the principal entrance of the mine,
and not in the engine room or boiler room, for enabling the 10
persons employed in the mine to conveniently dry and change
their clothes.

(30) Every fly-wheel and all exposed and dangerous parts
of the machinery used in or about the mine shall be kept
securely fenced. 15

(31) Every steam-boiler shall be provided with a proper
steam-gauge and a proper water-guage to show respectively
the pressure of steam and the height of water in the boiler, and
with a proper safety valve.

(32) No person shall wilfully damage, or without proper 20
authority remove or render useless, any fencing, casing, lining,
guide, means of signalling, signal, cover, chain, flange, horn,
brake, indicator, ladder, platform, steam-guage, water-guage,
safety-valve, or other appliance or thing provided in any mine

in compliance with this Act. 25

(33) Instructions and rules required to be posted in or about a
mine under the authority of this Act shall be written or printed
in the language or languages most familiar to the workmen
employed at the mine, and it shall be the duty of the owner

or agent of the mine to maintain such instructions and rules 30
duly posted, and the removal or destruction of them shall be
an oflence asrainst this Act.

Rev> Stat.
c. 36, 8. 70
repealed.

Notice to be
given of
changes in
mines.

33. Section 70 of the said Act is hereby repealed and the
following is substituted in lieu thereof : —

70. Where mining operations have been commenced upon 35
any claim, location or works in the Province, or where such
operations have been discontinued, or where such operations
have been re-commenced after an abandonment or discontin-
uance for a period exceeding two months, or where any change
occurs in the name of a mine or in the name of the owner or ^q
agent thereof, or in the officers of any incorporated company
which is the owner thereof, the owner or agent of such mine,
claim, location or works shall give notice thereof to the
Director of the Bureau of Mines within two months after such
abandonment, discontinuance, re-commencement or change, ^^
and if such notice is not given, the owner or agent shall be
guilty of an offence against this Act.

Act to be read
with Rev. a ,

Stat. c. 36. ^Ct.

34. This Act shall be read with and as part of The Mines

o It)
* 2

S S c
^^ ■•

CD
OS

bd
I— f

CfQ

p
to

No. 233.] OT T T [1900.

An Act to amend The Mines Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Sections 3, 4, 5 and 6 of The Mines Act are hereby Rev. Stat,
repealed. ^ ^epe^S.'"'

2. All royalties which by the Act passed in the 54th year Royaiities
of Her Majesty's reign, entitled An Act to amend the General ^^'^''^
Mining Act, or by The Mines Act, 189^2, or by the Revised
Statutes (1897) respectini^ mines, or by any patent, have been
reserved, imposed or made payable to the Crown for the use

of the Province upon or in respect of any ores or minerals
extracted from lands granted under any patent, are declared
to be abandoned.

3. All reservations of mines, ores and minerals contained in Reservations
any patent issued prior to the 1st day of July, 1867, and all rescfnded!
provisions which reserve or limit the mineral rights con-
veyed by any patent or lease heretofore issued, except-
ing patents issued under- the The Public Lands Act and

Tlte Free Grants and Homesteads Act, are hereby rescinded
and made void, and all mines, ores and minerals in or upon
such lands shall be deemed to have been granted in fee simple
as part of such lands, and to have passed with the said lands
to the subsequent and present owners thereof free from any
such reservation.

4. No owner of any mine shall carry on the business of License re-
mining for any oie or mineral in respect of which a license qui'ed by
fee is imposed without first taking out a license under the pro- ™'°^''^'
visions of this Act.

5.— (1) The licenses shall be signed and issued by the Annual
Commissioner of Crown Lands or the Director of the Bureau licenses,
of Mines in such form as the Lieutenant-Governor-in-Council
may direct, and shall be dated as of the 1st day of May in
each year, and shall continue in force until and including the
30th day of April of the next ensuing year and no longer.

Fees on
licenses.

Taxes on
mining.

Statement to
be filed by
minets.

Owners
jointly and
severally
liable fur
license fees.

longs to a corporation the license may be issued in the name of
the corporation.

6. — (1) The fee chargeable for a license shall be $10, unless
a greater amount is payable as provided in the next sub-
section.

(2) A second or subsequent license shall not be issued under
this Act until all fees provided in section 7 of this Act in
respect of the property proposed to be covered by such license
have been paid, and such fees shall constitute the sum payable
for the issue of any second or subsequent license in respect of
such property.

7. Every person carrying on the business of mining in
this Province shall pay a license fee upon the gross quantity
of the ores or minerals mined, raised or won during the
preceding year from any mine worked by him to be paid to
the Treasurer of the Province for the use of the Province at
the following rates, or such less rates as may be substituted by
proclamation of the Lieutenant Governor, namely :

(a) For ores of nickel, SIO per ton, or $60 per ton if
partly treated or reduced ;

(6) For ores of copper and nickel, $7 per ton, or $50 per
ton if partly treated or reduced.

8 — (1) Every person working any mine shall on or before
the 15th day of February of each year file with the Director of
the Bureau of Mines a statement/ under oath showing the out-
put during the year ending on the 31st day of December next
preceding of every mine worked by him or on his behalf, in
such form as the Lieutenant-Governor-in-Council may direct,
and showing what disposition has been made of such output.

(2) When the business is carried on by an incorporated
company the said statement shall be made upon oath by the
president and manager, or by the manager and secretary of the
company, and if there are no such officers, then by such per-
sons as the Director of the Bureau of Mines may require.

(3) Any oath required to be taken under this Act may be
taken before a commissioner for taking affidavits, a notary
public or a justice of the peace.

9. — (1) The owners of the mine shall be jointly and sever-
ally liable to the Crown for the amount of the license fees pay-
able in respect thereof, and the same shall be recoverable by
action at the suit of Her Majesty on behalf of the Province
*^'^[if not paid to the Treasurer of the Province on or before
the 30th day of April in each year.]°^

(2) The fees payable under this Act shall be a charge upon
the^^parcel of land (as described in the license) on which the

mine is situate'^and in respect of which such fees are pay-
able, and shall have priority over all other charges thereon ;
and in case the same are not duly paid proceedings may be
taken for and on behalf of Her Majesty to foreclose the estate
and right of all persons claiming any interest in the said pro-
perty.

(8) In any action under this section Her Majesty's Attorney
General shall have the same right either before or after the
trial to require the production of documents, to examine parties
or witnesses, or to take such other proceedings in aid of the
action as a plaintiff has or may take in an ordinary action.

10. Where ores or minerals that have been mined, raised or Remitting fees
won in this Province are smelted or otherwise treated in the ^^^^Pj"^^^
Dominion of Canada by any process so as to yield fine metal, Canada.

or any other form of product of such ores or minerals suitable
for direct use in the arts without further treatment, then and
in every such case the fees provided herein or such proportion
thereof as may be fixed by the Lieutenant Governor in
Council shall be remitted, or if collected shall be refunded under
such regulations as the Lieutenant Governor in Council may
prescribe.

11. Any person required under this Act to take out a Penalty for
license who works or permits to be worked any mine without opfp^ing
a license under this Act covering such mine shall forfeit to Her license.
Majesty the sum of $50 for every day during which he with-
out the said licence works or permits such mine to be worked,

such sum to be recovered with costs by an action on behalf of
Her Majesty in any court of competent jurisdiction.

^1*Z. The license fees to be imposed and collected under this
Act shall not apply to any mine the output of which is less
than 500 tons in each calendar year.°^

13. — (I) The piovisions of sections 4 to 12 or of any of them Proclamation
may from time to time in whole or in part be brouerht into bringing sec-

. " uions 4-Xl into

force and effect by proclamation of the Lieutenant Governor force,
in Council, and until so brought into force shall not take effect,
and the Lieutenant Governor may by the proclamation bring-
ing any of such provisions into force or by subsequent procla-
mation substitute any less fee for any fee imposed by section
7 of this Act, and may also by proclamation direct that such
proportion of the said fees as may be deemed advisable shall,
subject to such conditions as may be imposed, be remitted in
respect of ores or minerals refined in the United Kingdom or
in any British Colony or Dependency.

(2) No return shall be made in respect of any fees paid
unless within twelve months of the time of payment amplica-
tion is made therefor and satisfactory evidence is furnished
showing that the applicant is entitled to the relief claimed.

WorkiDRcon- 14. Where a mining location or a raining claim of
orehmda, ^^^^ ^^^ more than 40 acres hereafter sold, leased or licensed is
shown to be valuable for iron ore, the Governor-in- Council
may upon the report of an Inspector or other officer require
such ore to be raised or mined by the owner, lessee or
licensee thereof to an extent of 2,000 tons yearly for a period
of ten years, or 20,000 tons in a shorter period of time, or
any less amount which the Inspector may recommend in the
case of every such location or claim ; and if a location is of
greater area than 40 acres a proportional amount of ore may
be required to be raised or mined by the owner or lessee
thereof.

15. In default of compliance with the requirements afore-
said during the first two years or during any subsequent year
of the said period of ten years, all rights connected with any
such mining location or mining claim shall upon an Order in
that behalf being made by the Lieutenant Governor in Coun-
cil, upon the report of the Director of the Bureau of Mines
that such requirements have not been complied with, revert to
and be vested in Her Majesty for the public uses of the Pro-
vince, freed and discharged of any interest or claim of any
other person or persons whatsoever.

61 V. c. 11, S.1 16. Subsection 1 of section 8 of The Act respecting Mining
8 amended. ciaiTYis as amended by section 13 of The Act to amend

the Mines Act is repealed and the following is substituted

therefor :

mininff^cfaim (1) -^ mining claim shall also be deemed to be forfeited and
* abandoned and all right of the licensee therein shall cease in
case the miner's license has run out and has not been renewed,
or if the annual fee for the claim has not been prepaid, or if
$150 shall not be expended upon each claim taken up except
as hereinafter in this section provided in stripping, or in open-
ing up mines, in sinking shafts, or in other actual mining
operations, exclusive of all houses, roads and other like im-
provements in every licensed year, and the said expenditure
shall consist of labor actually performed by grown men to be
computed at the rate of $2 per man per day ; but when work
upon a larger scale is required to be performed upon a claim
valuable for iron ore, such requirements shall apply instead of
the provisions of this subsection.

'^^36^?8^n ^'^' Section 11 of T/ie il/ines Act is amended ^by striking

and i2 amend- out the word "five" in the seventh line thereof and inserting
®^- the word " ten " in lieu thereof, and section 12 is amended

by striking out the word " five " in the fourth line thereof and

inserting the word " ten ' in lieu thereof.

C.36 ss,*24 ^^- Section 24 of the said Act is amended by striking out

amended. the words " where otherwise provided by this Act " after the

word " where " in the ninth line thereof, and inserting in lieu

thereof the words " as to decisions pronounced after the pass- ^^^- Stat,
in*^ of this Act where appeal is made therefrom to the Com- g^b s.^'s '
missioner of Crown Lands within twenty days from the date amended,
of such decision."

19. Subsection 3 of section 50 (4 the said Act is amended by
adding thereto the words " and a road allowance of one chain
in width shall be reserved along the water, together with such
additional area as in the opinion of th^ Commissioner of Crown
Lands may be necessary for the development and utilization of
such water power."

30 Section 22 of the said Act is amended by adding thereto Rgy, gtat.
the following subsection : c- 36, s. 22

amended.

(2) An accurate plan of every working mine in which levels, pjans of mines
crosscuts or other openings have been driven from any shaft, *« be filed.
* adit or tunnel, and of every mine consisting of either a tunnrl
or shaft having a longitudinal extension of fifty feet or more,
shall be made and filed at the office of the Bureau of Mines
every six months, and whenever work in a mine has been
discontinued or abandoned for a period of one month such
plan shall be filed at the oflSce of the Bureau of Mines
within two months from the date of cessation of work ; and
failure to comply with any of these provisions on the part of the
owner or agent of the mine shall be regarded as an offence
against this Act.

31. Section (56 of the said Act is hereby repealed and the Rev. stat.

r* *-iA o Aft

following is substituted therefor : repealed. '

66. — (1) Excepting in towns and incorporated villages, no I'iquor
license shall hereafter be issued to any public house, beer shop bidden!"
or other place not now under license for the sale of any spirits,
wine, beer or other spirituous or fermented liquor within six
miles of any mine or mining camp where six or more work-
men are employed.

(2) No wages shall be paid to any person employed in or p^y^'e^t'o" ^^
about any mine to which this part applies at or within any wages at pub-
public house, beer shop or place for the sale of any spirits, ^'° houses, etc.
wine, beer or other spirituous or fermented liquor, or other
house of entertainment, or within any office, garden or place
belonging or contiguous thereto or occupied therewith.

(8) Every ptrc>on who contravenes or permits any person
to "contravene this section shall be guilty of an offience against
this Act, and in the event of any such contravention by any
person whomsoever the owner and agent of the mine in respect
of which the wages were paid shall each be guilty of an offence
against this Act, unless such owner or agent proves that he had
taken all reasonable means to prevent such contravention by
publishing and to the best of his power enforcing the provisions
of this section.

32. Section 69 of the said Act is repealed and the foHowing
is substituted in lieu thereof :

General rules. 69. The following general rules shall so far as may be
reasonably practicable be observed in every mine to which this
part applies :

Ventilation. 1. An adequate amount of ventilation shall be constantly
produced in every mine^ to such an extent that the shafts,
adit levels, winzes, sumps, levels, stopes, cross-cuts, under
ground stables and working places of such mine and the tra-
velling roads to and from such working places shall be in a
fit state for working and passing therein.

*^[2. In every working mine which is entered by a shaft and
operated to a greater depth than 100 feet, and in every mine
which is entered by an adit or tunnel and operated to a greater
, distance than 300 feet from the mouth of the mine, there shall
be kept provided a sufficient number of portable water-tight
privies for the underground employees of the mine, and such
privies shall be taken to the surface and thoroughly cleansed
every twenty-four hours.]"^

Magazine for 3. No magazine of powder, dynamite or other explosive
exp osives. shall be erected or maintained at a nearer distance than four
hundred feet from the mine and works, except with the writ-
ten permission of the Inspector, and every such magazine shall
be constructed of materials and in a manner to ensure safety
against explosion from any cause,^[and shall be either so
situated as to interpose a hill or rise of ground higher than
the magazine between it and the mine and works, or else an
artificial mound of earth as high as the magazine and situated
not more than 30 feet from it shall be so interposed.]'^*

Whenexplos- 4. No powder, dynamite or other explosive shall be stored
underground in a working mine in excess of a supply for
forty-eight hours, and in no case shall more than 100 pounds be
so stored. It shall be kept in securely covered boxes, and
*^[located in otherwise unused parts of the mine never less
than 10 feet from lines of underground traffic, nor less than
l-'O feet from places where drilling and blasting are carried on,
and the temperattire of such place shall never be less than 60
degrees F. nor more than 125 degrees F.]"^

*^[5. No fuse, blasting caps, electric detonators or any articles
containing iron or steel shall be stored in the same magazine,
box or other receptacle with powder^ dynamite or other explo-
sive, nor at a less distance than 50 feet from such magazine,
box or receptacle. ]°^

^"[6. Whenever a workman opens a box containing an ex-
plosive, or when he in any manner handles the same, he shall
not permit any lighted lamp or candle to come closer than five
feet to such explosive, nor permit said lamp or candle to be in

ives are stored
in a mine,

such a position that the air current may convey sparks to the
explosive and a workman shall not approach nearer than five
feet to nn open box containing an explosive with a lighted
lamp, candle, pipe or any other thing containing fire.]*^

7. A thorough daily inspection shall be made of the con- Inspection of
dition of stores of explosives in a mine, and it shall be the sivesinamine.
duty of the manager, captain or other officer in charge of the

mine to institute an immediate investigation when an act of
careless placing or handling of explosives is discovered by or
reported to him ; and any employee who commits a careless
act with an explosive or where explosives are stored, or who
having discovered it omits or neglects to report immediately
such act to an officer in charge of the mine, shall be guilty of
an offence against this Act.

8. A proper apparatus, approved by the Inspector shall be ^awlng*"^ ^°'
provided for use in every mine for thawing explosives, and explosives,
shall be employed under the direction of the mine foreman,

or of careful and experienced workmen.

9. In charging holes for blasting, no iron or steel tool or fJ°e]7o be
rod shall be used, and no iron or steel shall be used in any used in charg-
hole containing explosives. '"^ ^^®^'

10. A charge which has missed tire shall not be withdrawn, Missed holes
but shall be blasted ; and in case the missed hole has not been ° ^^^^^
blasted at the end of a shift, the fact shall be reported '^^by the
foreman or shift "boss '"^^ to the next relay of miners before

work has been commenced by them.'t3=[To facilitate the blasting
of such charge, in cases where the depth of hole and length of
charge are known, the iainping may be removed with a copper
or wooden instrument to within three iiichps of the charge in
order to insert a now primer for exploding it.]"^

11. All drill holes, whether sunk by hand or machine drills, ^^igg"**^"^*
shall be of sufficient size to admit of the free insertion *^to the
bottom of the hole*^ of a stick or cartridge of powder, dyna-
mite or other explosive without ramming, pounding or pressuie.

12. No powder, dynamite or other explosive shall be Blasting of
used to blast or break up ore in roast heaps where by reason

of the heated condition of such ore or otherwise there is any
danger or risk of premature explosion of the charge.

13. Every underground plane on which persons travel which Man-holes in
is self-acting, or worked by an engine, windlass or gin, shall be engine'^pianes.
provided at intervals of not more than twenty yards with

sufficit nt man-holes lor places of refuge, and every such plane
which exceeds thirty yards in length shall also be prgvided
with some proper means of signalling between the stopping
places and the end of the plane.

14. Every road on which persons travel underground where ^amroj^d'"
the produce of the mine in transit ordinarily exceeds ten ^Qjjg

in any one hour over any part thereof shall be provi(j

ed at

intervals of not more than one hundred yards with sufficient
spaces for places of refuge, each of which spaces shall be of
sufficient length, and of at least three feet in width between
the waggons running on the tramroad and the side of the road;
and the Commissioner of Crown Lands may, if he sees fit,
require the Inspector to certify whether the produce of the
mine m transit on the road aforesaid does or does not ordin-
al ily exceed the weight as aforesaid, and such certificate shall
be conclusive as to the matters therein stated.

Keeping ^5 Every man-hole and space for a place of refuge shall

be constantly kept clear, and no person shall place anything
in a man-hole or in such space in such a position as to pre-
vent convenient access thereto.

Protection of
workmen in
drifts

and Rhafts.

16. Where drifts extend from a shaft in opposite directions
on the same level, a safe passage wa)' and standing room for
workmen shall be made on one or both sides of the shaft to
afford protection against falling material.

17. Where a shaft is being sunk below levels in which work
is going on, a suitable pentice shall be provided for protection
of workmen in the shaft.

oidshafts' and ^^- The top of every shaft which was opened before the
other openings commencement of the actual working for the time being of
the mine and has not been used during such actual w^ irking
shall, unless the Inspector otherwise permits, be securely fenced,
and the top of every other shaft which for the time being is
out of use, or used only as an air shaft, and all other pits or
openings dangerous by reason of their depth upon which work
has been discontinued shall also be securely fenced.

Fencing of
entrances 0
shafts.

19. The top and all entrances between the top and bottom
of every working or pumping shaft shall be kept properly
fenced, but this shall not be taken to forbid the temporary
removal of the fence for the purpose of repairs or other oper-
ations if proper precautions are used.

20. Where the natural strata or enclosing rocks are not
safe, every working or pumping shaft, adit, tunnel, drive,
roadway, stope or other working shall be securely cased, lined
or timbered, or otherwise made secure.

21. Every working mine shall be provided with proper and
sufficient machinery and appliances for keeping such mine free
from water, the accumulation or flowing of which might injuri-
ously affect any other mine.

Division of 22. .Where one portion of a shaft is used for the ascent and

* * '* descent of persons by ladders or by a man engine, and another

portion of the same shaft is used for raising the material

being mined, the first mentioned portion shall be cased or

otherwise securely fenced off from the last mentioned portion.

Conditions 23. Workmen may not be lowered or hoisted in shafts

under which "^

Securing of
shafts.

Safety from
water.

winzes or other underground openings of a mine under any of machinery
.■.pii. j'L' may not be

the tollowmg- conditions • uaed to lower

(a) In buckets, kibbles or tubs, where a crosshead is fnamln™*'^
not provided as a guide for the rope or cable.

(6) In buckets, kibbles or tubs which slide on skidways
or other guides.

(d) In buckets, kibbles, tubs or on cages which are not pro-

vided with a hood over them, or with a secure
guard wall or housing of logs, boards or masonry
around and extending at least two feet above the
level of each and every landing and loading stage,
platform or station floor in the shaft or winze.

(e) Where loading bins are used on the side of the shaft

or winze for loading by chutes directly into the
skip, bucket, kibble or tub.

(t) Where no detaching hooks or other safety appliances
are employed to prevent overwinding.

(g) Where the hoisting engine used is provided with less
than two brakes.

(h) Where no indications other than marks on the rope or
cable are used to show to the person who works
the machine or hoisting engine the position of the
bucket, kibble, tub, skip or cage in the shaft or
winze.

(i) Where the rope or cable passes through blocks instead
of passing over a sheave of diameter suited to the
diameter of the rope or cable and properly mounted
on a secure head -frame.

{j) Where the lowering and hoisting mechanism consists
of a derrick, horse-whim or hand windlass.

It shall be the duty of the owner of every mine to post and
maintain at the mouth of the shaft or other conspicuous place
a printed copy of this rule, and in any case of accident occurr-
ing as a result of violation of this rule the owner shall not be
liable for damages except upon proof that he has permitted or
authorized ^the employment of means herein prohibited for
raising and lowering workmen in a mine, or that a suitable
manway has not been provided.

24. All skidways for buckets shall be iron-shod after a Skidwaya for
depth of sixty feet has been reached in a shaft or other open- buckets,
ing in a mine.

*^25. Unless with the written permission of the Inspector,'^ Skipways.
skip ways shall be provided with back timbers to prevent
skips leaving the track ^^[where such skipways are inclined
at more than 45 degrees from the horizon.]'^

26. Hoisting with horse and pulley-block is forbidden Forbidden.
^^[ where the depth of a shaft is more than 30 feet];"^
2—233

SHppingof 27. There shall be on the drum of every machine used for

rope on drum. ■, . . . in i i i •£

lowering or raising persons such flanges or horns, and also, it
the drum is conical, such other appliances as may be suiScient
to prevent the rope from slipping.

Brake. 28. There shall be attached to every hoisting machine a

brake adequate to hold at any point in the shaft ^[the weight
when filled with ore of the skip, bucket or other vessel used
for hoisting or lowering,]*^ and also *^[in any shaft of
greater depth than 200 feet there shall be]"®* a proper indicator
(in addition to any mark on the rope) which will show to the
person who works the machine the position of the cage or load
in the shaft.

^"[29. No person shall ride upon or against any loaded car,
cage, kibble, bucket or tub in any shaft, slope or plane in or
about any mine.]"®*

*®'[30. The mine foreman or some other competent person or
. persons to be designated by him shall examine at least once
every day all slopes, shafts, main roads, travelling ways, sig-
nal apparatus, pulleys and timbering, in order to ascertain
that they are in a safe and efficient working condition.]***

^[31. The owner, operator or superintendent of every mine
where six or more men are employed in underground work
shall maintain a properly constructed stretcher for the pur-
pose of conveying to his place of abode any person who may
be injured while in the discharge of his duties at such mine,
and where 20 men or more are so employed there shall be
maintained two stretchers, and one additional stretcher shall
be maintained for each additional 20 men so employed.]*^

^[32. Every person, company or corporation who has sunk
on any mine a vertical or incline shaft to a greater depth than
100 feet, where the top of such shaft is covered or enclosed by
a building which is not fire-proof, and who has drifted a dis-
tance of 200 feet or more from the shaft, and has commenced
- to stope, shall provide and maintain to the hoisting shaft or
the opening through which men are let into or out of the mine
and the ore is extracted, a separate escapement shaft or open-
ing. If such an escapement shaft or opening is not in exist-
ence at the time that stoping is commenced, work upon such
escapement shaft or opening must be begun as soon as stoping
is commenced, and must be diligently prosecuted until the
same is completed, and the said escapement shaft or opening
shall be continued to and connected with the lowest workings
in the mine. The escupement shaft or opening herein provided
for must be of sufficient size to afford an easy passage way,
and if it is an upraise or shaft it must be provided with good
and substantial ladders from the deepest workings to the sur-
face. If the outlet herein provided for is not in a direct or
continuous course, sign boards plainly marked "Exit" with an
index hand showing the direction 'to be taken must be
placed at each departure from the straight continuous
course.] "^

*^[33. All old timber not in use to sustain the roof or
walls of any part of a mine shall as soon as practicable be
taken from the mine, and shall not be piled up and permitted
to decay therein.]"®*

^[34. All oils and other inflammable materials shall be
stored or kept in a building erected for that purpose, and at a
safe distance from the powder magazine and from the main
buildings, and their removal from said building for use shall
be in such quantities only as are necessary to meet the require-
ments of one day.]"®*

35. Every working shaft in which persons are raised which Signalling,
exceeds 100 feet in depth shall, unless exempted in writing

by the Inspector, be provided with guides and some proper
means of communicating by distinct and definite signals from
the bottom of the shaft, and from every level for the time
being in work between the surface and the bottom of the
shaft to the surface, and also of communicating from the sur-
face to the bottom of the shaft, and to every level for the
time being in work between the surface and the bottom of the
shaft.

36. The following code of mine signals shall be used at all
mines, and copies of it shall be posted up in the engine-house,
at the shaft mouth and at all landing and loading stations
below ground :

Signal Bells.

One bell Hoist.

One bell ....... Stop, if in motion.

Two bells Lower men.

Three bells Hoist men.

Four bells Blasting signal. Engineer must ans-
wer by raising bucket or cage a
few feet and letting it back slowly.
Then, one bell, hoist men away
from blast.

Five bells ..... Steam on.

Six bells Steam off.

Seven bells . Air on.

Eight bells Air off!

3—2—2 bells. ... Send down drills.

3 — 2 — 3 bells. . . . Send down picks.

Nine bells Danger signal, in case of fire or

other danger. Then ring number
of station where danger exists.

No person shall ring any bell except the station
tender, unless in case of danger, or when the main
shaft is being sunk. Engineers must slow up in pass-
ing stations when men are on the cage.

^-Level or'^Station Bells.

Bells. Pause. Bells. Station number.

2 " 1 1

2 " 2 2

2 " 3 3

2 " 4 4

2 " 5 5

3 '• 1 6

3 " 2 7

3 " 3 8

3 " 4 9

3 " 5 10

4 " 1 11

4 " 2 12

4 " 3 13

4 " 4 14

4 " 5 15

& " 1 16

5 " 2 17

5 " 3 18

5 " 4 19

5 " 5 20

6 " 1 21

6 " 2 22

6 " 3 23

6 " 4 24

6 " 5 25

7 " 1 26

7 •' 2 27

7 " 3 28

7 " 4 29

7 " 5 30

^[The skip, bucket or other hoisting vessel must always
be kept at the surface when not immediately required
below ground.^^When the hoisting vessel is at the
surface it shall be retained there until called down
by ring of a station signal. When the hoisting vessel
is wanted, ring station signal.'Js-When the hoisting
vessel is to be sent from one level to another, ring
three times in succession the signal corresponding to.
the level or station to which the vessel is to be sent.
When not otherwise wanted, signal to hoist the vessel
to the surface.-^If 2 — 1 — 2 bells are rung, the
engineer does not understand : repeat the signal.]

Inclination of ^ *^- ^ proper footway or ladder, inclined at the most con-
ladders, venient angle which the space in which the ladder is fixed
allows, shall be provided in every working shaft where a man
engine is not used for raising or lowering persons as provided
in rule 35 ; and every such ladder hereafter constructed in a
working shaft shall have substantial platforms at intervals of
not more than 25 feet, and no such ladder shall be fixed
for permanent use in a vertical or overhanging position unless

in shafts used exclusively for pumping. In every mine in
which vertical or overhanging ladders shall be in use in the
shaft at the time these rules were first applied to it, such
ladders may be retained if securely fixed platforms are con-
structed at intervals of not more than thirty feet from each
other, and such ladders have sufficient spaces for footholds of
not less than six inches.

38. If more than ten persons to each shift are ordinarily ^'fi,^'"^

1 • ^ • 1 -i irT»'i ij.' room,

employed in the mine below ground, sumcient accommodation

shall be provided above ground near the principal entrance of

the mine, and not in the engine room or boiler room, for

enabling the persons employed in the mine to conveniently dry

and change their clothes.

39. Every fly-wheel and all exposed and dangerous parts Fencing
of the machinery used in or about the mine shall be kept ^^^ *'^^'^'
securely fenced,

40. Every steam-boiler shall be provided with a proper Gauges to
steam-gauge and a proper water-guage to show respectively safety-valves,
the pressure of steam and the height of water in the boiler, and

with a proper safety valve.

41. No person shall wilfully damage, or without proper Wilful
authority remove or render useless, any fencing, casing, lining, <i*'"*&®"
guide, means of signalling, signal, cover, chain, flange, horn,
brake, indicator, ladder, platform, steam-guage, water-guage,
safety-valve, or other appliance or thing provided in any mine

in compliance with this Act.

42. Instructions and rules required to be posted in or about a instructions
mine under the authority of this Act shall be written or printed and rules to
in the language or languages most familiar to the workmen ® p°^*® '
employed at the mine, and it shall be the duty of the owner

or agent of the mine to maintain such instructions and rules
duly posted, and the removal or destruction of them shall be
an offence against this Act.

23. Section 70 of the said Act is hereby repealed and the ^^^ ^*^*:
following is substituted in lieu thereof : — repealed.

70. Where mining operations have been commenced upon Notice to be
any claim, location or works in the Province, or where such ^hln'ges in
operations have been discontinued, or where such operations mines,
have been re-commenced after an abandonment or discontin-
uance for a period exceeding two months, or where any change
occurs in the name of a mine or in the name of the owner or
agent thereof, or in the officers of any incorporated company
wliich is the owner thereof, the owner or agent of such mine,
claim, location or works shall give notice thereof to the
Director of the Bureau of Mines within two months after such
abandonment, discontinuance, re-commencement or change,
and if such notice is not given the owner or agent shall be
guilty of an offence against this Act.

*®'34. Section 73 of the said Act is amended by inserting
after the word " Act " in the third line thereof the words " or
who fails to comply with the provisions of section 22.'^*

Act to be read 25. This Act shall be read with and as part of The Mines

with Kev. A , ^

Stat. c. 36. ^Ct.

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(25
P

No. 238.] RTT T [i^^<^

BILL.

An Act to amend The Mines Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Sections 3, 4, 5 and 6 of The Mines Act are hereby Rev. Stat,
repealed. ^;p'eVed.'-^

3. All royalties which by the Act passed in the 54th yeai Royalities
of Her Mjijesty's reign, entitled An Act to amend the Oeneral ^ ^^^ "^
Mining Act, or by The Mines Act, 189°2, or by the Revised
Statutes (1897) respecting mines, or by any patent, have been
reserved, imposed or made payable to the Crown for the use
of the Province upon or in respect of any ores or minerals
extracted from lands granted under any patent leise, are
declared to be abandoned.

3. All reservations of mines, ores and minerals contained in Reservations
any patent issued prior to the 1st day of July, 1867, and all reschided!
provisions which reserve or limit the mineral rights con-
veyed by any patent or lease heretofore issued, except-
ing patents issued under the The Public Lands Act and

The Free Grants a^vd Homesteads Act, are hereby rescinded
and made void, and all mines, ores and minerals in or upon
such lands shall be deemed to have been granted in fee simple
as part of such lands, and to have passed with the said lands
to the subsequent and present owners thereof free from any
such reservation.

4. No owner of any mine shall carry on the business of License re-
mining for any ore or mineral in respect of which a license quired by
fee is imposed without first taking out a license under the pro-
visions of this Act.

5. — (1) The licenses shall be signed and issued by the Annual
Commissioner of Crown Lands or the Director of the Bureau licenses,
of Mines in such form as the Lieutenant-Governor- in-Council
may direct, and shall be dated as of the 1st day of May in
each year, and shall continue in force until and including the
30th day of April of the next ensuing year and no longer.

(2) Every license issued under this Act shall designate the
property in respect of which it has force^and when the property
belongs to two or more persons the license may be issued in the
name of any one or more of them, and when the property be-

Fees on
licenses.

Taxes on
mining.

Statement to
be filed by
miners.

Owners

jointly and
severally
liable for

license fees.

longs to a corporation the license may be issued in the name of
the corporation.

6. — (I) The fee chargeable for a license shall be $10, unless
a greater amount is payable as provided in the next sub-
section.

(2) A second or subsequent license shall not be issued under
this Act until all fees [.rovided in section 7 of this Act in
respect of the property proposed to be covered by such license
have been paid, and such fees shall constitute the sum payable
for the issue of any second or subsequent license in respect of
such property.

7. Every person carrying on the business of raining in
this Province shall pay a license fee upon the gross quantity
of the ores or minerals mined, raised or won during the
preceding year from any mine worked by him to be paid to
the Treasurer of the Province for the use of the Province at
the following rates, or such less rates as may be substituted by
proclamation of the Lieutenant Governor, namely :

(a) For ores of nickel, $10 per ton, or $60 per ton if
partly treated or reduced ;

(6) For ores of copper and nickel combined, $7 per ton,
or $50 per ton if partly treated or reduced.

8 — (1) Every person working any mine shall on or before
the 15th day of February of each year file with the Director of
the Bureau of Mines a statement, under oath showing the out-
put during the year ending on the 31st day of December next
preceding of every mine worked by him or on his behalf, in
such form as the Lieutenant-Governor-in-Council may direct,
and showing what disposition has been made of such output.

(2) When the business is carried on by an incorporated
company the said statement shall be made upon, oath by the
president and manager, or by the manager and secretary of the
company, and if there are no such officers, then by such per-
sons as the Director of the Bureau of Mines may require.

(3) Any oath required to be taken under this Act may be
taken before a commissioner for taking affidavits, a notary
public or a justice of the peace.

9 — .(1) The owners of the mine shall be jointly and sever-
ally liable to the Crown for the amount of the license fees pay-
able in respect thereof, and the same shall be recoverable by
action at the suit of Her Majesty on behalf of the Province
^[if not paid to the Treasurer of the Province on or before
the 30th day of April in each year.]*®*

(2) The fees payable under this Act shall be a charge upon
the ^Jands (described in the license) on which the mine is
situate"^and in respect of which such fees are payable

and shall have priority over all other charges thereon ;
and in case the same are not duly paid proceedings may be
taken for and on behalf of Her Majesty to foreclose the estate
and right of all persons claiming any interest in the said pro-
perty.

(3) In any action under this section Her Majesty's Attorney
General shall have the same right either before or after the
trial to require the production of documents, to examine parties
or witnesses, or to take such other proceedings in aid of the
action as a plaintiff has or may take in an ordinary action.

10. Where ores or minerals that have been mined, raised or Remitting? fees
won in this Province are smelted or otherwise treated in the ^^'^^^({'[n^
Dominion of Canada by any process so as to yield fine metal, Canada.

11. Any person required under this Act to take out a Penalty for
licen^je who works or permits to be worked any mine without "'^fP^Tf
a license under this Act covering such mine shall forfeit to Her license.
Majesty the sum of $50 for every day during which he with-
out the said license works or permits such mine to be worked,

such sum to be recovered with costs by an action on behalf ei
Her Majesty in any court of competent jurisdiction.

*^1^. The license fees to be imposed and collected under this
Act shall not apply to any mine the output of which is less
than 1,000 tons of ore in each calendar year."^

13. — (I) The piovisions of sections 4 to 12 or of any of them Proclamation
n)ay from time to time in whole or in part be brought into ^"nf 4"lUnto
force and effect by proclamation of the Lieutenant Governor force,
in Council, and until so brought into force shall not take effect,
and the Lieutenant Governor may by the proclamation bring-
ing any of such provisions into force or by subsequent procla-
mation substitute any less fee for any fee imposed by section
7 of this Act, and may also by proclamation direct that such
proportion of the said fees as may be deemed advisable shall,
subject to such conditions as may be imposed, be remitted in
respect of ores or minerals refined in the United Kingdom or
in any British Colony or Dependency.

(2) No return shall be made in respect of any fees paid
unless within twelve months of the time of payment applica-
tion is made therefor and satisfactory evidence is furnished
showing that the applicant is entitled to the relief claimed.

«:^(3) Section 8 of the said Act is amended by adding thereto
the following words :"^*

it3a." And in case the Legislative Assembly at the said session
oi" if the session does not continue for three weeks after the
said regulations are laid before the House, then at the ensuing
session of the Legislature) disapproves by resolution of
such regulation either wholly or in part, the regulation so
far as disapproved shall have no effect from the time such re-
solution is passed.'"®*

Working con- ^4. Where a mining location or a mining claim of
ore lands. not more than 40 acres hereafter sold, leased or licensed is
shown to be valuaV)le for iron ore, the Governor-in Council
may upon the report of an Inspector or other officer «a,that
the mine can be profitably worked and ore shipped therefrom^^
require such ore to be raised or mined by the owner, lessee or
licensee thereof to an extent of 2,riOO tons yearly for a period
of ten years, or 20,000 tons in a shorter period of time, or
any h ss amount which the Inspector may recommend in the
case of every such location or claim ; and if a location is of
greater area than 40 acres a proportional amount of ore may
be required to be raised or mined by the owner or lessee
thereof.

15. In default of compliance with the requirements afore-
said during the tir&t two years or during any subsequent year
of the said period of ten years, all rights connected with any
such mining location or mining claim shall upon an Order in
that behalf being made by the Lieutenant Governor in Coun-
cil, upon the report of the Director of the Bureau of Mines
that such requirements have not been complied with, revert to
and be vested in Her Majesty for the public uses of the Pro-
vince, freed and dii^charged of any interest or claim of any
other person or persons whatsoever.

61 V. c. 11, s. 16. Subsection 1 of section 8 of The Act respecting Mining
8 amended. Claims as amended by section 13 of The Act to amend

the Mines Act is repealed and the following is substituted

therefor :

Forfeiture of (1) A mining claim shall also be deemed to be forfeited and
miuing claim, abandoned and all right of the licensee therein shall cease in
case the miner's license has run out and has not been renewed,
or if the annual fee for the claim has not been prepaid, or if
$150 shall not be expended upon each claim taken up except
as hereinafter in this section provided in stripping, or in open-
ing up mines, in sinking shafts, or in other actual mining
operations, exclusive of all houses, roads and other like im-
provements in every licensed year, and the said expenditure
shall consist of labor actually performed by grown men to be
coniputed at the rate of $2 per man per day ; but when work
upon a larger scale is required to be performed upon a claim
vahiable for iron ore, such requirements shall apply instead of
the provisions of this subsection.

Rev. Stat.

c. 36, 88. 11 17^ Section 11 of The Mines Act is amended by striking

and 12 amend- '^ °

ed.

out the word "five" in the seventh line thereof and inserting
the word "ten" in lieu thereof, and f-ection 12 is amended
by striking out the word " five " in the fourth line thereof and
inserting the word "ten ' in lieu thereof.

18. Section 24 of the said Act is amended by striking out Sev. Stat,
the words " where otherwise provided by this Act " after the °„?f'i!j^*
word "where in the ninth line thereof, and insetting in lif u j^g,, gi. ^
thereof the words " as to decisions pronounced after the pass- c. 36, s. 50,
ino: of this Act where appeal is made therelrom to the Com- ^"^' ^;^,
missioner of Crown Lands within twenty days from the date

of such decision."

19. Subsection 3 of section 50 of the said Act is amended by
adding thereto the words " and a road allowance of one chain
in width shall be reserved along the water, together with such
additional area as in the opinion of the Commissioner of Crown
Lands may be necessary for the developniont and ntilization of
such water power."

30 Section 22 of the said Act is amended by adding thereto Rev. Stat,
the following subsection : Amended.

(2) An accurate plan of every working mine in which levels, Plans of mines
crosscuts or other openings have been driven from any shaft, ^"^ defiled,
adit or tunnel, and of every mine consisting of either a tunnel
or shaft having a longitudinal extension of fifty feet or more,
shall be made and filed at the office of the Bureau of Mines
every six months, and whenever work in a mine has been
discontinued or abandoned for a period of one month such
plan shall be filed at the office of the Bureau of Mines
within two months from the date of cessation of work ; and
failure to comply with any of these provisions on the part of the
owner or agent of the mine shall be regarded as an offence
against this Act.

31. Section 66 of the said Act is hereby repealed and the '^g^g^^^gg
following is substituted therefor : repealed.

66. — (I) Excepting in towns and incorporated villages, no Liquor
license shall hereafter be issued to any public house, beer shop H???^^^ ^°^'
or other place not now under license for the sale of any spirits,
wine, beer or other spirituous or ferment'.d liquor within six
miles of any mine or mining camp where six or more work-
men are employed.

(2) No wages shall be paid to any person employed in or Prohibition of
about any mine to which this pait applies at or within any ^ages^at pub-
public house, beer shop or place for the sale of any spirits, I'c houses, etc.
wine, beer or other spirituous or fermented liquor, or other

house of entertainment, or within any office, garden or place
belonging or contiguous thereto or occupied therewith.

(3) Every person who contravenes or permits any ivcrson
to contravene this section shall be guilty of an offience against

this Act, and in the event of any sach contravention by pny
person whomsoever the owner and agent of the mine in respect
of which the wages were paid shall each be guilty of an offence
against this Act, unless such owner or agent proves that he had
taken all reasonable means to prevent such contravention by
publishing and to the best of his power enforcing the provisions
of this section.

22, Section 69 of the said Act is repealed and the following
is substituted in lieu thereof :

Magazine for
explosives.

General rules. 69. The following general rules shall so far as may be
reasonably practicable be observed in every mine to which this
part applies :

Ventilation. j ^^^ adequate amount of ventilation shall be constantly
produced in every mine to such an extent that the shafts,
adit levels, winzes, sumps, levels, stopes, cross-cuts, under
ground stables and working places of such mine and the tra-
velling roads to and from such working places shall be in a
fit state for working and passing therein.

^^[2. In every working mine which is entered by a shaft and
operated to a greater depth than 100 feet, and in every mine
which is entered by an adit or tunnel and operated to a greater
distance than 300 feet from the mouth of the mine, there shall
be kept provided a sufficient number of portable water-tight
privies for the underground employees of the mine, and such
privies shall be taken to the surface and thoroughly cleansed
every twenty-four hours.]"^

3. No magazine of powder, dynamite or other explosive
shall be erected or maintained at a nearer distance than four
hundred feet from the mine and works, except with the writ-
ten permission of the Inspector, and every such magazine shall
be constructed of materials and in a manner to ensure safety
against explosion from any cau8e,'*^[and shall be either so
situated as to interpose a hill or rise of ground higher than
the magazine between it and the mine and works, or else an
artificial mound of earth as high as the inaojazine and situated
not more than 30 feet from it shall be so interposed J^

Whenexplos- 4 '><^q powder, dynamite or other explosive shall be stored
ives are stored ^ ^ , . -' , . ..^ „ ip

in a mine. underground in a working mine m excess 01 a supply tor

forty-eight hours, and in no case shall more than 100 pounds be

so stored. It shall be kept in securely covered boxes, and

^'^[located in otherwise unused parts of the mine never less

than 10 feet from lines of undergi-ound trafiic, nor less than

J 50 feet from places where diilling and blasting are carried on,

and the temperature of such place shall never be less than 60

degrees F. nor more than 125 degrees F.]°^

^[5. No fuse, blasting caps, electric detonators or any articles
containing iron or steel shall be stored in the same magazine
box or other receptacle wnth powder, dynamite or other explo '

sive, nor at a less distance than 50 feet from such magazine,
box or receptacle.]"^

*^[6. Whenever a workman opens a box containing an ex-
plosive, or when he in any manner handles the same, he shall
not permit any lighted lamp or candle to come closer than five
feet to such explosive, nor permit said lamp or candle to be in
such a position that the air current may convey sparks to the
explosive and a workman shall not approach nearer than five
feet to an open box containing an explosive with a lighted
lamp, candle, pipe or any other thing containing fire.]"**

8. A proper apparatus, approved by the Inspector shall be ^awlng^"^ ^^^
provided for use in every mine for thawing explosives, and explosives.
shall be employed under the direction of the mine foreman,

or of careful and experienced workmen.

9. In charging holes for blasting, no iron or steel tool or ^^gi't^'^he
rod shall be used, and no iron or steel shall be used in any u-eci in charg-
hole containing explosives. "'^ holes.

10. A charge which has missed fire shall not be withdrawn. Missed holes
but shall be blasted ; and in case the missed hole has not been ° ^''^po'" c
blasted at the end of a shift, the fact shall be reported *^by the
foreman or shift "boss""^^ to the next relay of miners before

v/ork has been commenced by them.^^[To facilitate the blasting
of such charge, in cases M'here' the depth of hole and length of
charge are known, the tamping may be removed with a copper
or wooden instrument to within three inches of the charge in
order to insert a new primer for exploding it.]"^

11. All drill holes, whether sunk by hand or machine drills, Size of drill
shall be of sufficient size to admit of the free insertion ^=^to the ° ^'
bottom of the hole"®* of a stick or cartridge of powder, dyna-
mite or other explosive without ramming, pounding or pressure.

12. No powder, dynamite or other explosive shall be Blasting of
used to blast or break up ore in roast heaps where by reason '^"^^ ®^^^'
of the heated condition of such ore or otherwise there is any
danger or risk of premature explosion of the charge.

13. Every underground plane on which persons travel which Man-holes in
is self-acting, or worked by an engine, windlass or gin, shall be engine'^pianes
provided at intervals of not more than twenty yards with
sufficient man-holes for places of refuge, and every such plane

which exceeds thirty yards in length shall also be provided
with some proper means of signalling between the stopping
places and the end of the plane.

Refuges in 14, Every road on which persons travel underground where

ramroa 8. ^-^^ produce of the mine in transit ordinarily exceeds ten tons
in any one hour over any part thereof shall be provided at
intervals of not more than one hundred yards with sufficient
spaces for places of refuge, each of which spaces shall be of
sufficient length, and of at least three feet in width between
the waggons running on the tramroad and the side of the road;
and the Commissioner of Crown Lands may, if he sees fit,
require the Inspector to certify whether the produce of the
mine m transit on the road aforesaid does or does not ordin-
arily exceed the weight as aforesaid, and such certificate shall
be conclusive as to the matters therein stated.

Keeping 15. Every man-hole and space for a place of refuge shall

refuges clear. -^^ constantly kept clear, and no person shall place anything
in a man-hole or in such space in such a position as to pre-
vent convenient access thereto.

Protection of 16. Where drifts extend from a shaft in opposite directions
drifts""" ^" ^^ ^^^ same level, a safe passage way and standing room for

workmen shall be made on one or both sides of the shaft to

affiard protection against falling material.

and shafts. 17. Where a shaft is being sunk below levels in which work

is going on, a suitable pentice shall be provided for protection
of workmen in the shaft.

Fencins: of 18. The top of every shaft which was opened before the

other ope^nin^s ^^™™®^^^"^*^'^^ ^^ ^^® actual working for the time being of
the mine and has not been used during such actual working
shall, unless the Inspector otherwise permits, be securely fenced,
and the top of every other shaft which for the time being is
out of use, or used only as an air shaft, and all other pits or
openings dangerous by reason of their depth upon which work
has been discontinued shall also be secure! v fenced.

Fencing of
entrances o

shafts.

Securing of
shafts.

Safety from
water.

22. Where one portion of a shaft is used for the ascent and Division of
descent of persons by ladders or by a man engine, and another ^
portion of the same shaft is used for raising the material

being rained, the first mentioned portion shall be cased or
otherwise securely fenced off from the last mentioned portion.

23. Workmen may not be lowered or hoisted in shafts Conditions

*^ under w nicn

winzes or other underground openings of a mine under any of machinery

the foUowincr conditions • may not be

used to lower

{a] In buckets, kibbles or tubs, where a crosshead is or hoist men
not provided as a guide for the rope or cable. ^° ^ ™"^^"

(6) In buckets, kibbles or tubs which slide on skidways

or other guides,
(c) In skips.

{d) In buckets, kibbles, tubs or on cages which are not pro-
vided with a hood over them, or with a secure
guard wall or housing of logs, boards or masonry
around and extending at least two feet above the
level of each and every landing and loading stage,
platform or station floor in the shaft or winze.

(e) Where loading bins are used on the side of the shaft
or winze for loading by chutes directly into the
skip, bucket, kibble or tub.

{t) Where no detaching hooks or other safety appliances
are employed to prevent overwinding.

((/) Where the hoisting engine used is provided with less
than two brakes.

(/i) Where no indications other than marks on the rope or
cable are used to show to the person who works
the machine or hoistinir engine the position of the
bucket, kibble, tub, skip or cage in the shaft or
winze.

(i) Where the rope or cable passes through blocks instead
of passing over a sheave of diameter suited to the
diameter of the rope or cable and properly mounted
on a secure head -frame.

{]) Where the lowering and hoisting mechanism consists
of a derrick, horse-whim or hand windlass.

It shall be the duty of the owner of every mine to post ami
maintain at the mouth of the shaft or other conspicuous place
a printed copy of this rule, and in any case of accident occurr-
ing as a result of violation of this rule the owner shall not be
liable for damages except upon proof that he has permitted or
authorized the employment of means herein prohibited for
raising and lowering workmen in a mine, or that a suitable
manway has not been provided.

24. All skidways for buckets shall be iron-shod after a St id ways for
depth of sixty feet has been reached in a shaft or other o|)en- ^^ ^ **
ifig in a mine.
2—233

Skipways.

Forbidden.

Slipping of
rope on drum.

Brake.

^25. Unless with the written permission of the Inspector,"^
skipways shall be provided with back timbers to prevent
skips leaving the track ^^[where such skipways are inclined
at more than 45 degrees from the horizon.]"®*

26. Hoisting with horse and pulley-block is forbidden
^^[where the depth of a shaft is more than 30 feet].'®^

27. There shall be on the drum of every machine used for
lowering or raising persons such flanges or horns, and also, if
the drum is conical, such other appliances as may be sufficient
to prevent the rope from slipping.

28. There shall be attached to every hoisting machine a
brake adequate to hold at any point in the shaft ^[tbe weight
when filled with ore of the skip, bucket or other vessel used
for hoisting or lowering,]"^ and also ^^[iu any shaft of
greater depth than 200 feet there shall be]"'^ a proper indicator
(in addition to anv mark on the rope) which will show to the
person who works the machine the position of the cage or load
in the shaft.

^^^[29. No person shall ride upon or against any loaded car,
cage, kibble, bucket or tub in any shaft, slope or plane in or
about any mine.]°®*

*^[30. The mine foreman or some other competent person or
persons to be designated by him shall examine at least once
every day all slopes, shafts, main roads, travelling ways, sig-
nal apparatus, pulleys and timbering, in order to ascertain
that they are in a safe and efficient working condition.]'**

^[32. Every person, company or corporation who has sunk
on any mine a vertical or incline shaft to a greater depth than
100 feet, where the top of such shaft is covere 1 or enclosed by
a building which is not fire-proof, and who has drifted a dis-
tance of 200 feet or more from the shaft, and has commenced
to stope, shall provide and maintain to the hoisting shaft or
the opening through which men are let into or out of the mine
and the ore is extracted, a separate escapement shaft or open-
ing. If such an escapement shaft or opening is not in exist-
ence at the time that stoping is commenced, work upon such
escapement shaft or opening must be begun as soon as stoping
is commenced, and must be diligently prosecuted until the
same is completed, and the said escapement shaft or opening
shall be continued to and connected with the lowest workings
in the mine. The escapement shaft or opening herein provided
for must be of sufficient size to afford an" easy passage way.

and if it is an upraise or shaft it must be provided with good
and substantial ladders from the deepest workings to the sur-
face. If the outlet herein provided for is not in a direct or
continuous course, sign boards plainly marked "Exit" with an
index hand showing the direction to be taken must be
placed at each departure from the straight continuous
course.] '^^

^^[33. All old timber not in use to sustain the roOf or
walls of any part of a mine shall as soon as practicable be
taken from the mine, and shall not be piled up and permitted
to decay therein.]"®*

35. Every working shaft in which persons are raised which Signalling,
exceeds 100 feet in depth shall, unless exempted in writing

36. The following code of mine signals shall be used at all
mines, and copies of it shall be posted up in the engine-house,
at the shaft mouth and at all landing and loading stations
below ground :

Signal Bells.

One bell Hoist.

One bell ....... Stop, if in motion.

Two bells Lower men.

Three bells Hoist men.

Four bells Blasting signal. Engineer must ans-
wer by raising bucket or cage a
few feet and letting it back slowly.
Then, one bell, hoist men away
from blast.

Five bells ..... Steam on.

Six bells Steam off.

Seven bells . Air on.

Eight bells ....Air off.

3—2—2 bells. . . . Send down drills.

3 — 2 — 3 bells. . . . Send down picks.

Nine bells Danger signal, in case of fire or

other danger. Then ring number
of station where danger exists.

No person shall ring any bell except the station
tender, unless in case of danger, or when the main
shaft is lieing sunk. Engineers must slow up in pass-
ing stations when men are on the cage.

«s,Level or'^^^Station Bells.

Bells. Pause. Bells. Station number.

2 " 1 1

2 " 2 . . • 2

2 " 3 3

2 " 4 4

2 " 5 5

3 '• 1 6

3 " 2 7

3 " 3 8

3 " 4 9

3 " 5 10

4 " 1 11

4 " 2 12

4 " 3 13

4 " 4 14

4 " 5 15

5 " 1 16

5 " 2 17

5 " 3 18

5 " 4 , 19

5 " 5 20

6 " 1 21

6 " 2 22

6 " 3 23

6 " 4 24

6 " 5 25

7 " 1 26

7 " 2 27

7 " 3 28

7 " 4 • 29

7 " 5 30

^[The skip, bucket or other hoisting vessel must always
be kept at the surface when not immediately required
below ground.'®* When the hoisting vessel is at the
surface it shall be retained there until called down
by ring of a station signal. When the hoisting vessel
is wanted, ring station signal.^^When the hoisting
vessel is to be sent from one level to another, ring
three times in succession the signal corresponding to
the level or station to which the vessel is to be sent.
When not otherwise wanted, signal to hoist the vessel
to the surface.-^^If 2 — 1 — 2 bells are rung, the
engineer does not understand : repeat the signal.]

Inclination of 37. A proper footway or ladder, inclined at the most con-
ladders, venient angle which the space in which the ladder is fixed

allows, shall be provided in every working shaft where a man
engine is not used for raising or lowering persons as provided
in rule 35 ; and every such ladder hereafter constructed in a
working shaft shall have substantial platforms at inter\;ds of
not more than 25 feet, and no such ladder shall be Hxcd
for permanent use in a vertical or overhanging position unless
in shafts used exclusively for pumping. In every mine in
which vertical or overhanging ladders shall be in use in the
shaft at the time these rules were first applied to it, such
ladders may be retained if securely fixed platforms are con-
structed at intervals of not more than thirty' feet from each
other, and such ladders have sufficient spaces for footholds of
not less than six inches.

38. If more than ten persons to each shift are ordinarily l>ressing

room

employed in the mine below ground, sufBcient accommodation
shall be provided above ground near the principal entrance of
the mine, and not in the engine room or boiler room, for
enabling the persons employed in the mine to conveniently dry
and change their clothes.

39. Every fly-wheel and all exposed and dangei'ous parts Fencing
of the machinery used in or about the mine shall be kept ™**^ '^ery.
securely fenced.

40. Every steam-boiler shall be provided with a proper Gauges to
steam-gauge and a proper water-guage to show respectively g^fet^vrives.
the pressure of stram and the height of water in the boiler, and

with a proper safety valve.

41. No person shall wilfally damage, or without proper Wilful
authority remove or ren-ler useless, any fencing, casing, lining, *'"^^''-
guide, means of signalling, signal, cover, chain, flange, hoin,
brake, indicator, ladder, platform, steam-guage, water-guage,
safety-valve, or other appliance or thing provided in any mine

in compliance with this Act.

42. Instructions and rules required to be posted in or about a Instruction.^
mine under the authority of this Act shall be written or printed be posted ^"
in the language or languages most familiar to the workmen
employfd at the mine, and it shall be the duty of the owner

or agent of the mine to maintain such instructions and rules
duly posted, and the removal or destruction of them shall be
an offence against this Act.

23. Section 70 of the said Act is hereby repealed and the ^^^„* ^'^^J^^-
following is substituted in lieu thereof : — repea'ed.

70. Where mining operations have been commenced upon Notice to ba
any claim, location or works in the Province, or where such ^fj*"" ^l ■
operations have been discontinued, or where such operations mn^-p.
have been re-commenced after an abandonment or discontin-
uance for a period exceeding two months, or where any change
occurs in the name of a mine or in the name of the owner or
agent thereof, or in the officers of any incorporated company

which is the owner thereof, the owner or agent of such mine,
claim, location or works shall give notice thereof to the
Director of the Bureau of Mines within two months after such
abandonment, discontinuance, re-commencement or change,
and if such notice is not given the owner or agent shall be
guilty of an offence against this Act.

*=^34. Section 73 of the said Act is amended by inserting
after the word " Act " in the third line thereof the words " oi-
who fails to comply with the provisions of section 22.'^

Act to be read 35. This Act shall be read with and as part of The Mines

with Rev. a m

Stat. c. 36. -^^^^

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No. 234.] DTT T [1900

BILL.

An Act respecting the Town of Wallaceburg.

WHEREAS the Corporation of the Town of Wallaceburg Preambi«.
by their Petition represented that the said corporation
have incurred a floating debt of $25,000 arising from extra-
ordinary expenditure in repairing bridges, constructing Grano-
5 lithic walks and other public improvements of a permanent
character, and to liquidate the said floating debt forwith in
addition to the ordinary annual expenditures and burdens,
would be unduly oppressive to the ratepayers, and whereas
the said corporation have by their said petition further repre-

10 sentedthat on the 29th day of May, 1899, the council of the
said corporation submitted to the ratepayers a certain By-law,
number 57, which is set forth as Schedule A to this Act author-
izing the borrowing of the said sum of $25,000 repayable
in twenty equal annual instalments for the purpose of liquid-

15 ating the said floating debt which said By-law was duly
carried and was subsequently passed by the said council, and
whereas the said corporation have by their petition prayed
that an Act may be passed to confirm and legalize the said
by-law and to authorize the borrowing of the sum of $25,000

20 as therein provided ; and whereas it is expedient to grant the
prayer of the said petition.

Therefore Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

25 1. The said By-law number 57 of the municipality of the By-law 57,
Town of Wallaceburg set forth in full in Schedule A to this Wallaceburg.
Act, is hereby declared legal, valid and binding upon the said
municipal corporation in the same manner and to the same
extent as if set out at length and the provisions thereof enacted

30 in this Act, notwithstanding any want of jurisdiction in the said
municipality to pass the said by-law, and notwithstanding any
defect in substance or in form in the said by-law or in the
manner of passing the same.

2. It shall be lawful for the said the municipal corporation Authority to
35 of the Town of Wallaceburg to raise by way of loan the sum issue deben-
of $25,000 on the credit of the debentures issued or to be '"''^'"
issued under and pursuant to the provisions of the said by-
law and repayable in the manner and at the times therein
provided.

3. The said debentures and all moneys arising therefrom
shall be applied by the said Cot poration in payment of the
said floating debt of $25,000 and in no other manner and
for no other purpose whatsoever.

SCHEDULE A.

{Section 1.)

By-law No. 57.

A by-law for the purpose of consolidating the floating debt of the Town
of Wallaceburg and to provide money for the construction of grano-
lithic walks and repairing bridges and other improvements.

Whereas it is expedient and thought necessary by the council of the
corporation of the town of Wallaceburg to raise by way of debentures a
certain sum of money to pay off the now existing floating debt of the town
of Wallaceburg and also to provide money to be expended in constructing
permanent granolithic walks and repairing bridges and other improve-
ments.

And whereas the present floating debt amounts to the sum of $17,125
and it is the purpose of the council by and with the consent of the rate-
payers to expend the sum of $5,000 upon the streets of the town of
Wallaceburg by constructing granolithic walks and $2,875.00 for repairing
bridges and other improvements.

And whereas it is deemed expedient for the purposes aforesaid to raise
by way of debentures the sum of $25,000 to be repaid in twenty equal
annual instalments including interest and that said debentures shall bear
interest at the rate of 4 per cent, per annum and that each instalment of
principal and interest shall be of such amounts that the aggregate amount
payable in any one year shall be equal as nearly as may be to what is pay-
able for principal and interest during each of the other years of such
period.

And whereas it will require the sum of $1,839.55 to be raised annually
from all the rateable property during the currency of said debentures for
paying said debt and interest.

And whereas the amount of the whole rateable property of the said
town of Wallaceburg according to the last revised assessment roll of said
town being for the year 1899 amounts to $513,900.

And whereas the existing debenture debt of the municipality of the
corporation of the town of Wallaceburg amounts to $48,474.15 and that
no part of the principal and interest is in arrears of which debenture
debt the sum of $10,057.08 consists of public school debentures.

Now therefore the municipal council of the corporation of the town of
Wallaceburg enacts as follows : —

1. That the sum of twenty-five thousand dollars shall be raised by way
of loan from some person or persons or body corporate who maj' be will-
ing to advance the same for the purposes hereinbefore recited and that
the said sum and interest at the rate of 4 per cent, per annum shall be
repaid in twenty equal annual instalments of $1,839.56 sach including
interest.

2. That for the purposes aforesaid and for securing the said sum of
twerty-five thousand dollars and interest, the mayor of the said town of
Wallaceburg is hereby authorized for and on behalf of the corporation of
Wallaceburg to cause to be issued debenture in the sum of not less than
(me hundred dollars each and cause the seal of said corporation to be
attached thereto and that such debentures^shall be signed by the mayor
and countersigned by the treasurer of the municipality and that said
debentures shall have coupons attached thereto for the payment of
interest.

3. That said debentures shall be payable respectively in twenty equal
annual instalments including interest of |1,839.55 each from the day
hereinafter mentioned for this by-law to take effect upon presentation at
the Bank of Montreal at Wallaceburg.

4. There shall be raised and lieved in each year by special rate upon all
the rateable property in the said corporation of the town of Wallaceburg
a sum sufficient to discharge each debenture and interest coupon as the
same shall become due and payable.

5. That this by-law shall take effect on the 15th day June, A.D., 1899.

6. That for the purpose of taking the vote on this by- law St. James'
and St. George's wards shall be united.

7. The votes of the ratepayers entitled to vote on by-laws in the cor-
poration of the town of Wallaceburg shall be taken on this by-law at the
following time and places that is to say on Monday, the 29th day of
May, 1899, when a poll will be opened at the hour of nine o'clock in the
forenoon and continued open till five o'clock in the afternoon of the same
day ill the following named places : *

In St. George's Ward at the tire hall which will include St. James' and
St. George's Wards, H. E. Johnson Deputy Returning Officer.

In St. Andrew's Ward at the Town Hall, N. H. Beattie Deputy Re-
turning Officer.

8. On Saturday the 27th day of May, 1899 the mayor shall attend at
the clerk's office at 8 o'clock p m. to appoint persons ' o attend the polling

c places and at the final summing up of the votes by the clerk respectively

^^. on behalf of the persons interested in and promoting or opposing the

^^ passing of this by-law.

9. The clerk of the council of the corporation f.f Wallaceburg shall
attend in his office in the said corporation at ten o'clock in the forenoon
of Tuesday the 30th day of May, 1{J99, and sum up '}he number of votes
gived for and against the by-law.

Passed in open council this 13th day June, A.D., 1899.

(Sgd.) H. E. Johnson, (Sgd.) D. A. Gordon,

Clerk. Mayor.

Take notice that the above is a true copy of a proposed by-law which
has been taken into consideration by the council of the corporation of the
town of Wallaceburg and which will be finally passed in the event of
the assent of the Electors being obtained, after one month from the first
publication in the News and the Herald newspapers published in Wal-
laceburg the first publication thereof being on the 10th and 11th days of
May, A.D., 1899, and the votes of the electors of said municipality will
be taken thereoD at the time and places therein stated.

H. E. Johnson,
Clerk of municipality of town of Wallaceburg.

Dated at the Clerk's office at sVallaceburg this 5th day of May. 1899.
This by-law received the assent of the duly qualified voters on the 29th
day of May, 1899.

H. E. Johnson,

Town Clerk.

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NO. 3.0 J3JL£^_

[1900.

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

Subsection 5 of section 587 of The Municipal Act is Rev. Stat.
5 amended by inserting after the word " Toronto" in the first c. M3, s. 587,
line the words " or any other University, or any historical, **" ^'
literary or scientific society."

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No. 236.] "DTT T [^^^^

BILL.

An Act to amend The Mechanics' and Wage
Earners' Lien Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. Subsection 1 of section 22 of The Mechanics and Wage Rev. st»t.
5 Earners Lien Act is hereby amended by striking out the °- ^'^' ^^'
won Is "thirty days" and substituting therefor the words amended.
" sixty days."

3. This Act shall not apply to extend the time for register- Act not to b«
ing a claim for lien in or apply to any case in which the time retroactive,
10 for registering the same expired before the passing of this
Act.

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No. 237.] DTT T [19^^-

BILL.

An Act respecting Travelling Shows.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario enacts
as follows :

1. Section 1 of The Act respecting Travellir) g Shows, Circuses Rev. stat.
5 and other Exhibitions, being chapter 244 of the Revised amended. '
Statutes of Ontario, 1897, is amended by striking out the
words " other travelling show of a similar nature " in the
second line and inserting in lieu thereof the words " travelling
shows of any kind whatsoever," and the said section is further
10 amended by inserting the words " without extra charge for
admission thereto" after the word "exhibition" in the third
line.

3. No municipal corporation shall issue a license to any License, when
menagerie, circus, wild beast show, or other show to which municipal

COTDOrfttllOtl

15 section 1 of the said Act applies until the applicant for such to issue,
license produces a license from the Provincial Treasurer for
exhibiting in the Province of Ontario; and any member or
officer of a municipal corporation who is a party to the issue
of any license in violation of the provisions of this section shall

2(3 be liable on summary conviction to a fine of $20 besides cost.

3. Section 4 of the said Act is amended by adding to sub- ^^^v.^**':
section 1 the words " or that the licensee or persons connected amended,
with the show have permitted gambling to be carried on or
any game of chance."

25 4:. Section 2 of the said Act is amended by inserting ^y gt^t.

after "$50" in the seventh line thereof the words "in advance." c. 244, s. 2,

amended.

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No. 288.] T>TT T [1900.

BILL.

An Act to amend the Statute Law.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1.— (1) Section 1 of the Act to amend The Manhood Suffrage 61 Vict,, c. 4;
5 Registration Act, passed in the 61st year of Her Majesty's *' ^' '>™«°"*«*
reign, chaptered 4 is amended by adding thereto the words
" and in any municipality the several parts of which are
situated in two or more electoral districts."

(2) Forms 9 and 10 in the schedule to the said Act are 61 Vict. c. 4,
10 amended by inserting after the word " districts " in the third amended
line of the unnumbered paragraphs printed in italics and
which immediately precede the clauses numbered 11 in each of
the said forms, the words "and in any municipality the several
parts of which are situated in two or more electoral districts."

15 3. Section 6 of The Act respecting the Enforcement o/ Rev. Stat.
Judges Orders in matters not in Court, is amended by adding aiJended'
thereto the words " or unless special leave is granted by the
said judge or by a judge of the Court of Appeal."

3. Section 37 of The Act respectinq Public Lunatic Asylums R«v. Stat.
20 and the Custody of Insane Persons is amended by adding the amended,
following words after the word "made" in the second line
thereof, " including a fee of $5 to the county judge or justice
of the peace acting at the lequest of the county judge for
each certificate."

25 4. Section 11 of The Evidence Act is amended by inserting: ^®^- ^'^**-
after the words " lunatic asylum" in the third line the words amended. '
" or who in the opinion of the court or a judge is from un-
soundness of intellect incapable of giving evidence."

5. — (1) Section 144 o^ The Judicature Act is amended hy ''^X- ^*^*;,
30 adding thereto the following subsection : — amended. '

3a. The Lieutenant-Governor in Council may commute the Commuta-
fees payable to a County Crown Attorney in any county in crown Attor-^
which there is a city having a population over 100,000 for a ney's fees,
fixed annual sum, such sum not to exceed the average income
35 derived from such fees during the preceding five years.

Rev. Stat,
c. 12, 8. 28,
amended

Rev. Stat,
c. 12, 8. 35,
amended.

Rev. Stat,
c. 129,
amended.

When trustee
may file
accounts.

(2) Subsection 4 of section 144 of the said Act is amended
by striking out the word " two " in the second line of the said
subsection.

6. — (1) Section 28 of The Act respecting the Legislative
Assembly is amended by inserting after the word " Speaker " 5
in the second line of the said section the words "or the Speaker
is absent from the Province."

(2) Section 35 of the said Act is amended by inserting after
the word " Speaker " in the third line of the said section the
words " or the Speaker is absent from the Province." 10

7. — (1) The Trustee Act is amended by adding the follow-
ing section after section 28 : —

28a A trustee appointed by any deed, will or other instru-
ment in writing desiring to pass the accounts of his dealings
with the estate to which he is trustee may file his accounts in 15
the oflSce of the Surrogate Court of the county in which he or
one of the trustees is resident or in the Surrogate Court of the
county in which the trust estate or part of the same is situate,
and thereupon the proceedings and practice upon the passing
of the said accounts shall be the same and have the like effect 20
as the passing of executors' or adminstrators' accounts in the
Surrogate Court.

Rev. Stat.
0. 129, s. 40,
amended.

Rev. Stat,
c. 6, 8. 15,
amended.

(2) Section 40 of the said Act is hereby amended by insert-
ing the words " or Surrogate Court Judge " after the word
" Judge " in the seventh line thereof.

8. Section 15 of The Act respecting the Representation of the
People in the Legislative Assembly, is amended by striking
out the words " Villages of Hintonburg, Ottawa East, and " in
paragraph numbered 67 and substituting therefor the words
" Village of."

Rev. Stat. 9. Section 17 of The Act respecting Master and Servant

amended.^^' ^"^ amended by striking out the words " not having his or their

chief place of busineas within the Province" occurring in lines

2 and 3 of the said section.

Rev. Stat.
c. 148, 8. 10,
repealed.

Affidavit of
honafidea

10. Section 10 of The Bills of Sale and Chattel Mortgage 35
Act is repealed and the following inserted in lieu thereof : —

10. The affidavit of bona fides required by sections 6, 7
and 8, may be made by one of two or more bargainees or
mortgagees, and if such mortgage be made by an incorporated
company the said affidavit may be made by the president, 40
vice-president, manager or other officer of the company duly
authorized for such purpose, and if made by an agent or oflficer
as herein provided the same shall state that such agent or
officer is aware of all the circumstances connected with the
sale or mortgage as the case may be. 45

1 1. The provisions of the Statute passed in the 14th year of ^^»^®°- ^^'
His Majesty King George the Third and chaptered 78 shall be force in
deemed not to be in force in regard to property in this Pro- Ontario,
vince, and this section shall be deemed to have been in force

5 since the 23rd day of April, 1887.

12. Section 7 of The Married Woriian's Real Estate Act, Rev. Stat,
is repealed, and the following is substituted therefor: — °" ^g^A'.j '^''

7 Every conveyance before the 1st July, 1884, executed by Conveyance
a married woman of or affecting her real estate, shall not- ^y married
10 withstanding her husband did not join therein, be taken and lat ju°y^ i884*
adjudged to be, and to have been valid and effectual to have
passed the estate which such conveyance professed to pass, of
such married woman in the said real estate.

Nothing m the preceding section shall render valid any such

15 conveyance as aforesaid to the prejudice of any title subse-
quently to the execution of such conveyance and before the
passing of this Act, acquired from the married woman by deed
duly executed as by law required, unless the actual possession
or enjoyment of the real estate conveyed or intended to be

20 conveyed by the prior conveyance shall have been had at any
time subsequent thereto by the grantee therein or those claim-
ing, by, from or under him, and he or they shall have been in
such actual possession or enjoyment continuously for the
period of three years before the passing of this Act, and he or

25 they was or were at such date in the actual possession or en-
joyment thereof ; and nothing in this Act contained shall
render valid any conveyance from the married woman which
was not executed in good faith, or any conveyance of land of
which the married woman or those claiming under her is or

03 are in the actual possession or enjoyment contrary to the terms
of such conveyance, nor shall this section affect any litigation
now pending.

13. Section 89 of The Surveys Act is amended by adding Rev. Stat,
the following subsections thereto : — amended ^^'

35 (4) Where under subsection 1 of this section any allowance Allowance for

for a road or street laid down upon a plan is a public high- road when

, , , r • • 1 i- r i J ii closed land to

way but the municipal corporation has not assumed the same belong to

for public use, then, in case the said allowance or any part adjoining

thereof is closed by an alteration of the plan under section 110 °^"®''"

40 of The Registry Act, or section 3 of The Land Titles Act, or '^^^gf'iQg

other provision in that behalf, the allowance so closed shall

belong to the owners of the lands abutting thereon.

(5) Where several parcels of land having different owners How owners
abut on the allowance so closed, the owner of each parcel shall ?' d^'^t^'t^ka
45 be entitled to the portion of the allowance so closed on which
his land abuts, and shall be so entitled to the middle line of
the said allowance, and where there are several owners of an
abutting .parcel each shaU be entitled to the like estate ov

interest in the said portion of the allowance as he has in,the
parcel of land abutting thereon.

(6) Where any portion of the allowance so closed is abutted
on one side by another road or street or by a stream, river or
other body of water over which the public have rights of 5
navigation or of floating logs the whole width of such portion
shall belong to the owners whose lands abut thereon opposite
the said street, stream, river or water.

(7) The division line between two adjoining parcels pro-
duced to the middle line of the closed allowance or across such iO
allowance in cases coming within subsection 6 shall be the
division line between the portions of the closed allowance to
which the owners of the said parcels shall be respectively
entitled.

Whenincum- (§) A person who has an incumbrance on a parcel of land 15
deemed* ^ ^ abutting on the allowance closed shall be deemed an owner of
owners. such parcel within the meaning of the four next preceding

subsections.

When allow-
ance abuts on
one side on a
stream, etc.

Division line.

Rey. Stat,
c. 55, B. 57,
amended .

Rev. Stat.
c. 62, s. 7,
subs. 2,
repeale 1.

When Official
Arbitrator
to be umpire
or third arbi-
trator.

14. Section 57 of The County Courts Act, is amended by 20
adding thereto the following words : " Provided, however, that

a judge of the High Court may extend the time hereinbefore
limited for setting down the appeal where it is shewn that the
appellant has been unable to procure the notes of the evidence
given at the trial within the time so limited, or to have the 25
pleadings and other papers in the cause certified, and this pro-
viso shall be construed retroactively."

15. Subsection 2 of section 7 of The Arbitration Act is
repealed, and the following substituted therefor : —

(2) If the appointment is not made within seven clear days 30
after the service of the notice, the Official Arbitrator appointed
under The Municipal Arbitrations Act shall be the arbitrator,
umpire or third arbitrator, who shall have the like powers to
act in the reference and make an award as if he had been ap-
pointed by consent of all parties. 35

^I27^***i6 "^^' Sub-section 1 of section 16 of The Devolution of Estates

■ubs. 1, ' ' Act is amended by striking out the words " and there are no
amended. debts " in the 10th line of the said sub-section.

Rev. Stat.
0. 54, s. 5,
subs. 6,
amended.

17. Subsection 5 of section 5 of The Local Courts Act is
amended by inserting after the word " Glengarry " at the end 40
of the third line the words " Prescott and Russell."

s §

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No. 239.]

BILL.

[1900.

An Act respecting the licensing of Extra Provincial
Corporations.

HER MAJESTY, by and v/ith the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. In this Act the expression " Extra Provincial Corpora- Extra Provin-
tion " means a corporation created otherwise than by or under tioD, meaning
the authority of an Act of the Legislature of Ontario. <^'-

3. Extra Provincial Corporations of the classes mentioned Corporations
in this section are not required to take out a license under this require
Act, viz., corporations created by or under the authority of — license.

Class I. An Act of the Legislature of the late Province of
Upper Canada, or by Royal Charter of the Government of
that Province ;

Class II. An Act of the Legislature of the late Province of
Canada, or by Royal Charter of the Government of that Pro-
vince, and carrying on business in Ontario at the date of the
commencement of this Act ;

.^Class III. Corporations which have before the commence-
ment of this Act received from the Government of Ontario a
license to carry on business in Ontario, or which have been
authorized by Act of the Legislature of Ontario to carry on
business in Ontario, provided that such license or Act is in
force at the date of the commencement of this Act ;

Class IV. Corporations now or hereafter licensed or register- ^%nf ^onk
ed under the provisions of The Ontario Insurance Act or oi '
The Loan (. orporations Act.

Class V. Corporations liable to payment of taxes imposed by
chapter 8 of the Ontario Statutes for 1899, intituled An Act
to supplement the revenues of the Crown .in the Province of
Ontario ;

Class VI. Corporations not having gain for any of their
objects.

3. Extra Provincial Corporations of the classes mentioned Corporations
in this section are required to take out a license under this ucense.'^^^"''*
Act, viz.. Corporations (other than those mentioned in section
2) created by or under the authority of —

Class VII. An Act of the Legislature of the late Province of
Canada, or by Royal Charter of the Government of that Pro-
vince, authorized to carry on business in Upper Canada, but
not carrying on business in Ontario at the date of the com-
mencement of this Act ;

Class VIII. An Act of the Dominion of Canada, and author-
ized to carry on business in Ontario :

Class IX. Corporations not coming within any of the fore-
going classes.

4. A corporation coming within class VII or VIII shall,
upon complying with the provisions of this Act and the regu-

Rights to
license when

OT vni^^^ lations made hereunder, receive a license to carry on its busi
ness and exercise its powers in Ontario.

Rights to
license when
within IX.

5. A corporation coming within class IX may, upon comply-
ing with the provisions of this Act and the regulations made
hereunder, receive a license to carry on the whole or such parts
of its business and exercise the whole or such parts of its
powers in Ontario as may be embraced in the license ; subject
however to such limitations and conditions as may be specified
therein.

Carrying on
busines) with
out license
prohibited.

Proviso.

6. No Extra Provincial Corporation coming within class VII
or VIII or IX shall carry on within Ontario any of its business
unless and until a license under this Act so to do has been
granted to it, and unless such license is in force ; and no com-
pany, firm, broker, agent or other person shall, as the repre-
sentative or agent of or acting in any other capacity for any
such Extra Provincial Corporation, carry on any of its
business in Ontario unless and until such corporation has
received such license and unless such license is in force.

Provided that taking orders for or buying or selling goods,
wares and merchandise by travellers or by correspondence, if
the corporation has no resident agent or representative and no
office or place of business in Ontario, shall not be deemed a
carrying on of business within the meaning of this Act.

Provided further that this section shall not apply until the
first day of November, A.D. 1900, to any such corporation
which at the date of the commencement of this Act is carrying
on business in Ontario.

Provided also that the onus of proving that a corporation
has no resident agent or representative and no office or place
of business in Ontario, or that it was at the date of the com-
mencement of this Act carrying on business in Ontario, shall
in any prosecution for an offence against this section rest upon
the accused.

Application
for license.

7. An Extra Provincial Corporation coming within class VII
or VIII or IX may apply to the Lieutenant-Governor in Coun-
cil for a license to carry on its business or part thereof, and

exercise its powers or part thereof, in Ontario ; and upon the ,
granting of such license such corporation may thereafter while
such license is in force carry on in Ontario the whole or such
parts of its business and exercise in Ontario the whole or such
parts of its powers as may be embraced in the license ; subject
however to the provisions of this Act and to such limitations
and conditions as may be specified in the license.

8. The Lieutenant-Governor in Council may from time to Regulations
time make regulations respecting the following matters, ^01^0!^^°
namely : —

(a) The evidence required, upon the application for a
license under this Act, respecting the creation of
the corporation applying and its powers and objects
and its existence as a valid and subsisting corpor-
ation ;

(h) The appointment and continuance by the corporation
of a person or company as its representative in
Ontario on whom service of process, notices or other
proceedings may be made, and the powers to be
conferred on such representative ;

(c) The forms of licenses, powers of Attorney, applications,
notices, statements, returns and other documents
relating to applications and other proceedings under
this Act;

and such regulations shall be published in the Ontario
Gazette.

The Lieutenant-Governor in Council may make orders with Special
respect to particular cases where the general regulations may CouncTl!'^"
not be applicable or where they would cause unnecessary in-
convenience or delay.

9. Upon the application for a license the applicant shall P''oo/ to be
establish to the satisfaction of the Provincial Secretary, or such application"
other officer as may be charged by him to report thereon, that for license,
the provisions of this Act and the regulations made hereunder

have been complied with ; and the Provincial Secretary, the
Assistant Provincial Secretary or such other officer may for
the purposes aforesaid, or for any other purpose under this
Act, take any requisite evidence in writing under oath or
affirmation.

Proof of any matter which may be necessary to be made
under this Act may be made by statutory declaration or by
affidavit or by deposition before the Provincial Secretary or
Assistant Provincial Secretary or other officer as aforesaid, or
before any Justice of the Peace or Commissioner for taking
Affidavits or Notary Public, who for this purpose are hereby
authorized and empowered to administer oaths or to take
affirmations.

Dealing with
real estate.

otice of
granting
license.

10. A corporation receiving a license under this Act may,
subject to the limitations and conditions of the license, and
subject to the provisions of its own charter, Act of Incorpor-
ation or other creating instrument, acquire, hold, mortgage,
alienate and otherwise dispose of real estate in Ontario and
any interest therein to the same extent and for the same pur-
poses and subject to the same conditions and limitations as if
such Corporation had been incorporated under The Ontario
Companies Act with power to carry on the business and exer-
cise the powers embraced in the license.

11. Notice of the granting of a license under this Act shall
be given by the Provincial Secretary in the Ontario Gazette,
and a copy of such Gazette containing such notice shall be
prima facie evidence, in all proceedings by and against the
corporation and otherwise under this Act or otherwise, of the
granting of the license and of the terms thereof mentioned in
the notice ; and a copy of the license certified by the Provincial
Secretary or Assistant Provincial Secretary shall be sufficient
evidence of the license before all courts and tribunals.

Returns to be
made by
licensees.

Suspension,
cancellation
or restoration
of license
after default
of licensee.

Notice.

Penalty for
carrying on
business with-
out a license.

12. A corporation receiving a license under this Act shall,
on or before the eighth day of February in every year during
the continuance of the license, make and transmit to the Pro-
vincial Secretary a statement under oath and according to a
form approved of by the Lieutenant-Governor in Council, con-
taining information similar to that required under section 79
of The Ontario Companies Act, or so much thereof or such
additional infoimation as may be prescribed in such form,
and the Lieutenant-Governor in Council may at any time
require the corporation to supply such further and other in-
formation as shall seem to him to be reasonable and proper.

13. I£ a corporation receiving a license under this Act
makes default in observing or complying with the limitations
and conditions of such license or the provisions of section 12
of this Act, or the regulations respecting the appointment and
continuance of a representative in Ontario, the Lieutenant-
Governor in Council may suspend or revoke such license in
whole or in part, and may remove such suspension or cancel
such revocation and restore such license.

Notice of such suspension, revocation, removal or restoration
shall be given by the Provincial Secretary in the Ontario
Gazette.

14. If any Extra Provincial Corporation coming within
class VII or VIII or IX shall contrary to the provisions of
section 6 hereof, carry on in Ontario any part of its business,
such corporation shall incur a penalty of fifty dollars for every
day upon which it so carries on business ; and so long as it
remains unlicensed under this Act it shall not be capable of
maintaining any action, suit or other proceeding in any Court

in Ontario in respect of any contract made in whole or in part
within Ontario in the course of or in connection with business
carried on contrary to the provisions of said section 6.

Provided however that upon the granting or restoration of Proviso,
the license, or the. removal of any suspension thereof, such
action, suit or other proceeding may be maintained as if such
license had been granted or restored or such suspension had
been removed before the institution thereof.

15. If any company, firm, broker, agent or other person ^^^^^^^1*^^ JJiJ^.
shall, contrary to the provisions of section 6 hereof, as the licensed cor-
representative or agent of or acting in any other capacity for P^^^yJ^" ^^
an Extra Provincial Corporation, carry on any of its business business.
in Ontario, such company, firm, broker, agent or other person

shall incur a penalty of twenty dollars for every day upon
which it, he or they so carry on such business.

1 6. The Lieutenant-Governor in Council may when or after Power to

... ,, . ,*' ii' remit penal-

grantmg a license remit in whole or m part any penalty in- ties or costs,
curred under this Act by the corporation receiving the license
or by any representative or agent thereof, and may also remit
in whole or part the costs of any action or proceeding com-
menced for the recovery of any such penalty, and thereupon
the whole or such part of the costs, as the case may be, shall
not be recoverable.

1 7. The penalties imposed by this Act shall be recoverable J*®"*^*'^^'
only by action at the suit of or brought with the written con- able,
sent of the Attorney General of Ontario, and any action or
proceeding to recover any such penalty shall be commenced
within six months after the liability for such penalty has been
incurred, and not afterwards.

18. For a license to a corporation coming within class VII. ?ees on
or VIII. such corporation shall pay to Her Majesty for the pub- returns,
lie uses of Ontario the fee mentioned in schedule A hereto, and

for a license to a corporation coming within class IX. such cor-
poration shall pay to Her Majesty for the public uses of Ontario
the fee mentioned in schedule B hereto, and no license shall be
issued until the fee therefor is paid.

There shall be paid to Her Majesty for the public uses of
Ontario upon transmitting to the Provincial Secretary the
statement required by section 12 hereof the fee of five dollars
if the capital stock of the company does not exceed the sum of
one hundred thousand dollars and a fee of ten dollars if the
capital stock of the company exceeds the said sum of one
hundred thousand dollars, and until such fee has been paid
such statement shall be deemed not to have been made and
transmitted as required by said section.

Grantinj?

19. An extra provincial corporation which is not required license as rea

,,,.... .-H L ^• ^ c 1 • estate to other

by this Act to take out a license may apply tor and receive a corporations.

Rev. Stat,
c. 191.

Notice of
passing of
Act.

Commence-
ment of Act.

Repeal of
Rev. Stat. c.
191, s. 107.

license authorizing it, subject to the limitations and conditions
of the license, and subject to the provisions of its own charter,
Act of incorporation or other creating instrument, to acquire,
hold, mortgage, alienate and otherwise dispose of real estate in
Ontario and any interest therein to the same extent and for
the same purposes and subject to the same conditions and
limitations as if such corporation had been incorporated under
The Ontario Companies Act with power to carry on the busi-
ness or exercise the powers embraced in the license. For such
license there shall be paid to Her Majesty for the public uses
of Ontario such fee as the Lieutenant-Governor may prescribe,
and compliance with section 12 hereof may be dispensed with
by the Lieutenant-Governor in whole or in part.

30. Notice of the passing of this Act in such form and with
such particulars thereof as the Provincial Secretary may think
proper shall be published by him in the Ontario Gazette and
in the Canada Gazette, and in the official gazette or other
official publication of each Province of Canada, for such time
as to him may seem best.

31. This Act shall commence and take effect on and after
the first day of July, A.D. 1900, and on and after that day
section 107 of The Ontario Companies Act shall be and the
same is hereby repealed.

SCHEDULE A.

Fees for Licenses to Corporations coming within
Class VII. or VIII.

If the capital stock of the company does not exceed the sum of one
hundred thousand dollars, the fee to be twenty-five dollars.

If the capital stock of the company exceeds the said sum of one hundred
thousand dollars, the fee to be fifty dollars.

SCHEDULE B.
Fees for Licenses to Corporations coming within Class IX.

If the capital stock of the company does not exceed the sum of one
hundred thousand dollars, the fee to be fifty dollars.

If the capital stock of the company exceeds the said sum of one hundred
thousand dollars, the fee to be one hundred dollars.

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No. 239.] T^TT T [1^^^-

BILL.

An Act respecting the licensing of Extra Provincial
Corporations.

HER MAJESTY, by and v/ith the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. In this Act the expression " Extra Provincial Corpora- ^al c^oit)^^!-!'-'^
tion " means a corporation created otherwise than by or under tion, meaning
the authority of an Act of the Legislature of Ontario. '^^'

2. Extra Provincial Corporations of the classes mentioned ^h^ch'do'not
in this section are not required to take out a license urider this require
Act, viz., corporations created by or under the authority of — license.

Class I. An Act of the Legislature of the late Province of
Upper Canada, or by Royal Charter of the Government of
that Province ;

Class III. Corporations which have before the commence-
ment of this Act received from the Government of Ontario a
license to carry on business in Ontario, or which have been
authorized by Act of the Legislature of Ontario to carry oh
business in Ontario, provided that such license or Act is in
force at the date of the commencement of this Act ;

Class IV. Corporations now or hereafter licensed or register- ■^^^03*205
ed under the provisions of The Ontario Insurance Act or oi '
The Loan L orporations Act.

Class V. Corporations liable to payment of taxes imposed by
chapter 8 of the Ontario Statutes for 1899, intituled An Act
to supplement the revenues of the Grown in the Province of
Ontario ;

Class VI. Corporations not having gain for any of their
objects.

3. Extra Provincial Corporations of the classes mentioned Corporations
in this section are required to take out a license under this Ucense."'^"''^*
Act, viz., Corporations (other than those mentioned in section

2) created by or under the authority of —

Class VII. An Act of the Legislature of the late Province of
Canada, or by^Koyal Charter of the Government of that Pro-
vince, authorized to carry on business in Upper Canada, but
not carrying on business in Ontario at the date of the com-
mencement of this^Act ;

Class VIII. An Act of the Dominion of Canada, and author-
ized to carry on business in Ontario :

Class IX. Corporations not coming within any of the fore-
going classes.

Rights to 4. A corporation coming within class VII or VIII shall,

license when upon complying with the provisions of this Act and the regu-
or Vill. lations made hereunder, receive a license to carry on its busi-
ness and exercise its powers in Ontario.

Rights to
license when
within IX.

Carrying on
businesi with-
out license
prohibited.

Proviso,

Proviso.

Application
for license.

7. An Extra Provincial Corporation coming within class VII
or VIII or IX may apply to the Lieutenant-Governor in Coun-
cil for a license to carry on its business or part thereof, and

exercise its powers or part thereof, in Ontario ; and upon the
granting of such license such corporation may thereafter while
such license is in force carry on in Ontario the whole or such
parts of its business and exercise in Ontario the whole or such
parts of its powers as maybe embraced in the license ; subject
however to the provisions of this Act and to such limitations
and conditions as may be specified in the license.

8. The Lieutenant-Governor in Council may from time to Regulations
time make regulations respecting the following matters, c^^clf"^ '"'
namely : —

(a) The evidence required, upon the application for a

license under this Act, respecting the creation of
the corporation applying and its powers and objects
and its existence as a valid and subsisting corpor-
ation ;

(b) The appointment and continuance by the corporation

of a person or company as its representative in
Ontario on whom service of process, notices or other
proceedings may be made, and the powers to be
conferred on such representative ;

notices, statements, returns and other documents
relating to applications and other proceedings under
this Act;

and such regulations shall be published in the Ontario
Gazette.

The Lieutenant-Governor in Council may make orders with Special
respect to particular cases where the general regulations may coxmcil!^
not be applicable or where they would cause unnecessary in-
convenience or delay.

9. Upon the application for a license the applicant shall Proof to be
establish to the satisfaction of the Provincial Secretary, or such application
other officer as may be charged by him to report thereon, that for license,
the provisions of this Act and the regulations made hereunder
have been complied with ; and the Provincial Secretary, the
Assistant Provincial Secretary or such other officer may for
the purposes aforesaid, or for any other purpose under this
Act, take any requisite evidence in writing under oath or
affirmation.

Dealing with 10. A corporation receiving a license under this Act may,
subject to the limitations and conditions of the license, and
subject to the provisions of its own charter, Act of Incorpor-
ation or other creating instrument, acquire, hold, mortgage,
alienate and otherwise dispose of real estate in Ontario and
any interest therein to the same extent and for the same pur-
poses and subject to the same conditions and limitations as if
such Corporation had been incorporated under The Ontario
Companies Act with power to carry on the business and exer-
cise the powers embraced in the license.

Notice of
granting
license.

11. Notice of the granting of a license under this Act shall
be given by the Provincial Secretary in the Ontario Gazette,
and a copy of such Gazette containing such notice shall be
prima facie evidence, in all proceedings by and against the
corporation and otherwise under this Act or otherwi'se, of the
granting of the license and of the terms thereof mentioned in
the notice ; and a copy of the license certified by the Provincial
Secretary or Assistant Provincial Secretary shall be sufficient
evidence of the license before all courts and tribunals.

Returns to be
made by
licensees.

13. A corporation receiving a license under this Act shall,
on or before the eighth day of February in every year during
the continuance of the license, make and transmit to the Pro-
vincial Secretary a statement under oath and according to a
form approved of by the Lieutenant-Governor in Council, con-
taining information similar to that required under section 79
of The Ontario Companies Act, or so much thereof or such
additional infoimation as may be prescribed in such form,
and the Lieutenant-Governor in Council may at any time
require the corporation to supply such further and other in-
formation as shall seem to him to be reasonable and proper.

13. If a corporation receiving a license under this Act
makes default in observing or complying with the limitations
and conditions of such license or the provisions of section 12
of this Act, or the regulations respecting the appointment and
continuance of a representative in Ontario, the Lieutenant-
Governor in Council may suspend or revoke such license in
whole or in part, and may remove such suspension or cancel
such revocation and restore such license.

Notice of such suspension, revocation, removal or restoration
shall be given by the Provincial Secretary in the Ontario
Gazette.

Penalty for 14. If any Extra Provincial Corporation coming within

carjy»^°K ^°j.j^ class VII or VIII or IX shall contrary to the provisions of
out a licenBe. section 6 hereof, carry on in Ontario any part of its business,
such corporation shall incur a penalty of fifty dollars for every
day upon which it so carries on business ; and so long as it
remains unlicensed under this Act it shall not be capable of
maintaining any action, suit or other proceeding in any Court

Suspension,
cancellation
or restoration
of licence
after default
of licence ^.

Notice.

in Ontario in respect of any contract made in whole or in part
within Ontario in the course of or in connection with business
carried on contrary to the provisions of said section 6.

Provided however that upon the granting or restoration of Proviso
the license, or the removal of any suspension thereof, such
action, suit or other proceeding may be maintained as if such
license had been granted or restored or such suspension had
been removed before the institution thereof.

15. If any company, firm, broker, agent or other person Penalty ior
shall, contrary to the provisions of section 6 hereof, as the ^censed cor-
representative or agent of or acting in any other capacity for poration
an Extra Provincial Corporation, carry on any of its business bu7ice°s °°
in Ontario, such company, firm, broker, agent or other person

shall incur a penalty of twenty dollars for every day upon
which it, he or they so carry on sucb business.

16. The Lieutenant-Governor in Council may when or after Power to
granting a license remit in whole or in part any penalty in- tf^or^coats
curred under this Act by the corporation receiving the license

or by any representative or agent thereof, and may also remit
in whole or part the costs of any action or proceeding com-
menced for the recovery of any such penalty, and thereupon
the whole or such part of the costs, as the case may be, shall
not be recoverable.

1 7. The penalties imposed by this Act shall be recoverable Penalties,
only by action at the suit of or brought with the written con- ^^ recover-
sent of the Attorney General of Ontario, and any action or
proceeding to recover any such penalty shall be commenced

within six months after the liability for such penalty has been
incurred, and not afterwards.

18. For a license to a orporation coming within class VII. Fees on

or VIII. such corporation shall pay to Her Majesty for the pub- licenses and
lie uses of Ontario the fee mentioned in schedule A hereto, and-
for a license to a corporation coming within c^ass IX. such cor-
poration shall pay to Her Majesty for the public uses of Ontario
the fee mentioned in the first yart of schedule B hereto, and no
license shall be issued until the fee therefor is paid.

^^Provided that with respect to a company carrying on Proviso,
business in Ontario when this Act is passed and carrying on
also an established business outside of Ontario, the Lieutenant-
Governor in Council may reduce the fee payable for its license
to such sum as he may think just, having regard to the nature
and importance of its business in Ontario and the amount of
capital used therein."®* .

'^3^'Provided also that with respect to a company not carrying '^^'"^^
on business in Ontario when this Act is passed, but carrying
on outside of Ontario an established busine.'-s, when applying
for a license under this Act, the Lieutenant-Governor in
Council may reduce the fee payable f<ir such license to such

Fees to be
paid by com-
panies on
filing state-
ments.

sum as he may think just, having regard to the nature and
importance of the business proposed to be carried on in Ontario
and the amount of capital proposed to be used therein, but in
any case the fees shall not be less than the fees set out in the
second part of the said schedule B. A company seeking a re-
duction under this section shall give to the Provincial Secretary
such statements and information respecting its business and
financial position as he may call for, and shall verify the same
in such manner as he may require."®*

19. An extra provincial corporation which is not required
estatrto^other ^Y ^^^^ "^^^ ^° take out a Hcense may apply for and receive a
corporations, license authorizing it, subject to the limitations and conditions
of the license, and subject to the provisions of its own charter,
Act of incorporation or other creating instrument, to acquire,
hold, mortgage, alienate and otherwise dispos3 of real estate in
Ontario and any interest therein to the same extent and for
the same purposes and subject to the same conditions and
limitations as if such corporation had been incorporated under
The Ontario Companies Act with power to carry on the busi-
ness or exercise the powers embraced in the license. For such
license there shall be paid to Her Majesty for the public uses
of Ontario such fee as the Lieutenant-Governor may prescribe,
and compliance with section 12 hereof may be dispensed with
by the Lieutenant Governor in whole or in part. ,

Granting

Notice of
passing of
Act.

Commence-
ment of Act.

Repeal of
Rev. Stat, c,
191, s. 107.

20. Notice of the passing of this Act in such form and with
such particulars thereof as the Provincial Secretary may think
proper shall be published by him in the Ontario Gazette and
in the Canada Gazette, and in the official gazette or other
official publication of each Province of Canada, for such time
as to him may seem best.

21. This Act shall commence and take etfect on and after
the first day of July, A.D. 1900, and on and after that day
section 107 of The Ontario Companies Act shall be and the
same is hereby repealed.

SCHEDULE A.
Fees for Licenses to Corpokations coming within Class VII. or VIII.

If the capital stock of the company does not exceed the sum of one
hundred thousand dollars, the fee to be twenty-five dollars.

If the capital stock of the company exceeds the said sum of one hundred
thousand dollars, the fee to be fifty dollars.

SCHEDULE B.

(First part.) ""^^

Fees for Licenses to Corporations coming within Class IX.

^^Subject to the provision in section 18 the fees payable shall be the
same as the fees now payable upon the incorporation of a company by
letters patent under The Ontario Companies Act, viz. : —

When the proposed capital of the applicant Company is $40,000 or less,
the fee to be flOO.

When it is more than $40,000, but does not exceed $100,000, the fee to
be $100 and $1 for every $1,000 or fractional part thereof in excess or
$40,000.

When it is over $100,000, but does not exceed $1,000,000, the fee to be
$160 and $2.60 for every $10,000 or fractional part thereof in excess of
$100,000.

When it is $1,000,000, the fee to be $385 and $250 for every $10,009
or fractional part thereof in excess of $1,000,000.

When the charter is for a cheese or butter company, the fee to be $10.

When the charter is for an educational institution not carried on for the
purpose or object of gain, the fee to be $10.

When the charter is for a cemetery company which is not to be carried
on for gain, or which shall undertake to distribute in the improvement of
its property any gain derived by the company, the fee to be $10.

When the charter is for an athletic club, composed of amateurs, having
for its object the encouragement and promotion of lawful games and ex-
ercises, and such club is not to be carried on for gain, or shall undertake
to distribute in the improvement of its property and facilities as such club
any gain derived by the club, the fee to be $50. ..^sf

^^ (Second part.y^

If the capital stock of the company does not exceed the sum of one
hundred thousand dollars, the fee to be fifty dollars.

If the capital stock of the company exceeds the said sum of one hundred
thousand dollars, the fee to be one hundred dollars.

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No. 240. J "PTT T [1900

BILL.

An Act respecting the Supplementary Kevenues of
the Province of Ontario.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

■ 1. The Act to Supplement the Revenues of the Crown in the short title
5 Province of Ontario, passed at the second session held in the 62 V. (2)c. 8.
62nd year of Her Majesty's leign, may be known and cited as
The Supplementary Revenue Ac', 1899, and this Act may be
known and cited as The Supplementary Revenue Act, 1900.

2. — (1) Paragraph number 0 in section 1 of The Supple- q2 v. (2) c. 8
10 riientary Revenue Act, 1899, is amended by striking out the «. i, par. 6,
words "year 1898 "in the 11th line and inserting in lieu *'°^°'^®'^-
thereof the words " preceding year."

(2) Clause (6) of paragraph 1 of section 2 of the said Act is 62 V. (2) c. 8.
amended by striking: out the words "each principal office or f 2, par i cl.
15 place of business" in the fiist and second lines and inserting Tax on officet
in lieu thereof the words "the head office." of banks.

3. Clause (b) of subsection 2 of section 2 of the said Act is 62 V. (2) c. 8,

hereby repealed and the following; clause substituted therefor: »• 2, subs. 2
•^ ^ ® amended.

(h) " Where a life insurance company has its head office g^tra pro-
20 elsewhere than in the Province of Ontario, and has vincial life in-

an annual income of less than twenty thousand p^n^gg® ^°'"'
dollars from premiums on policies on the lives of taxation of.
persons resident in the said Province, and where such
company lends money on the security of lands in the
25 said Province such company shall pay a tax of one

per cent, calculated on the gross premiums received
by said company from such policies during the
preceding year, and of one- quarter of one per cent,
on the gross annual income received by such com-
30 pany during the same year from loans on policies

and on lands or securities on lands in the said Pro-
vince."

62 V. (2) 0. 8,

4. Clauses (a), (6) and (c) of paragraph 3 of the said section s. 2, par. 3,
are repealed and the following substituted therefor : repealed. '

35 (a) Companies with fixed or permanent paid-up capital, Loan oom-

where the paid-up capital is $100,000 or less panies, how

Loan com-
panies with
head office in
(rreat Britain
or Ireland or
in another
Province.

62 V. (2) c. 8,
8. 2, par. 6,
amended.

Tax on rail-
ways used or
operated by
more than
one company.

62 V, (2) c. 8,
8. 2, par. 12,
amended.
Bxpress
companies
using sealed
cars through
Ontario.

and 65 cents, on every additional $1,000 or fraction
thereof of paid-up capital.

(h) Companies having terminating or withdrawable capi-
tal as well as. fixed or permanent capital, the sum
of 65 cents, on every $1,000 of paid-up terminat- 5
ing or withdrawable capital, after the first $100,-
000, in addition to the amount payable under
clause (a) of this paragraph.

(c) Companies having terminating or withdrawable capital
only, the sum of 65 cents, on every $] ,000 of paid- 10
up terminating or withdrawable capital after the
first $100,000.

(d) Where a loan company has its organization aud head
office in Great Britain or Ireland, or in any Pro-
vince of the Dominion of Canada other than the 15
Province of Ontario, and employs a part of its

funds in Ontario, the Lieutenant-Governor in
Council may direct that the tax shall be calculated
upon the amount of the funds used or employed
by the company in Ontario. 20

5. Paragraph 5 of the said section 2 is amended by adding
thereto the following :

The amount payable in respect of any line of railway
under this paragraph shall not exceed $5 for each
mile of such line, notwithstanding that such line 25
of railway is operated and used by more than one
company.

6. Paragraph 12 of the said section is amended by adding
at the end thereof the following words :

But this shall not apply to any express company which 30
transmits goods in sealed cars over any line of
railway in the Province of Ontario between two
points, both of which are outside the Province of
Ontario, where such company does not receive or
deliver goods at any station in the Province of 35
Ontario.

62 V (2) 8 '^' '^^^^ ^^^^ ^^^ ^^ further amended by adding thereto the
amended. ' ' following section :

Compromis-
ing disputes
as to liability
for taxes.

30. In case any doubt or dispute arises as to the liability
of any company to pay a tax or any portion of a tax demanded 40
under this Act, or where owing to special circumstances it is
deemed inequitable to demand payment of the whole amount
imposed under this Act, the Treasurer may compromise the
matter by the acceptance of such amount as he may deem
proper, and in case the tax claimed has been paid under pro- 45
test he may refund the same or any part thereof to the com-
pany making such payment.

8. Section 14 of the said Act is repealed and the following 52 V, (2), c. 8,
substituted therefor : — s- 14 repealed.

14. The said tax shall be payable on the 1st day of October Time for pay-
in each and every year. • i^^nt of tax.

5 9. Section 15 of said Act is amended by adding thereto the 62 V. (2) c. 8,
following subsection: s. 15 amended.

(4) In the case of extra- provincial companies which have statement by
no officers within the Province of Ontario except- extra pro-

,.(. liv ii ^ J • n 1- vmcial com-

ing a chief agent, the statement and information pany, verifica-

10 required by this section may be made and furnished cation of

by and under the oath of such chief agent alone.

10. Subsection 1 of section 15 of the said Act is amended 62 V. (2), c. 8

by striking out all the words in the first two lines and insert- s- 15, subs, l

ing in lieu thereof the words "on or before the 1st day of *"^

15 June in each year "; and by adding at the end of the said sub- !!!;!^"™*.^^
.... 11- 1 r» (> • companies,

section the words " and m the case 01 any class of companies

the said statement shall contain such other particulars as the

Lieutenant-Governor in Council may from time to time require.

11. Subsection 3 of section 18 of the said Act is amended 52 v. (2), c. 8
20 by adding to the said subsection the following clause : »■ 10, subs. 3 '

amended.
" Provided, however, that a separate book kept by the

chief agent of any extra- provincial company in ^^^^^f *'*^'**
which book shall be correctly entered from time to extra-provin-
time the premiums on policies and other receipts *''*^ company.
25 • by the said company referred to in clause (6) of

subsection 2 of section 2 of the said Act as hereby
amended shall be sufficient compliance with the
provisions of this subsection."

13. The taxes imposed by the said Act shall be deemed to Taxes when
3Q accrue and to be a debt due to the Crown, on, from and after to accrue,
the first day of January of the year in which the same are
payable.

13. This Act shall be read with and as part of the said Act ^^.^ j^^.^^
to Supplement the Revenues of the Grown in the Province of ated with 63
35 Ontario, and save as to sections 8 and 10 shall be construed as ^' ^^^ *'• ^•
applying to the taxes which became due and were payable in activ^.'**"^"
the year 1899, as well as to all taxes payable in future under
the said Act.

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No. 241.] "DTT T fi^^^-

BILL.

An Act to confirm an Agreement between the Com-
missioners for the Queen Victoria Niagara Falls
Park and the Fort Erie Ferry Railway Company
and relating to the said Company.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. The agreement between the Commissioners for the Queen ^K>^eement
5 Victoria Niagara Falls Park and the Fort Erie Ferry Railway Commission

Company, dated the tenth day of April, one thousand nine spd Fort Erie
hundred, a copy of which is contained in the schedule hereto, Company ^*^
is hereby approved, ratified and confirmed and declared to be confirmed,
valid and binding on the parties thereto, and the Commis-
10 sioners and the Company respectively may do whatever is
necessary to give efiect to the substance and intention of the
said agreement.

2. Chapter 85 of 60 Victoria, being An Act respecting the Time for com-
Fort Erie Ferry Railway Company, is hereby amended by ex- ^aUway"^

15 tending the time for the completion of the line of railway in extended,
the said Act specified, and as defined in the schedule hereto, to
the 13th of April, 1905.

3. This act shall go into eflfect on such day as the Lieuten- Commence-
ant- Governor in Council may by proclamation appoint, and ""®°*' ° ^ '

20 not before.

SCHEDULE.

This agreement made this tenth day of April, one thousand nine hun-
dred, between the Commissioners for the Queen Victoria Niagara Falls
Park acting herein on their own behalf as well as on behalf and with the
approval of the Government of the Province of Ontario, and hereinafter
called the Commissioners, of the first part, and the Fort Erie Ferry Rail-
way Company, a corporation incorporated by the Legislature of the Pro-
vince,of Ontario, and having no other existence or powers except by virtue
of the said Legislature of Ontario, and hereinafter called "The Com-
pany," of the second part.

1. The expression "The Commissioners," wherever it occurs herein,
shall be understood to mean not only the parties hereto of the first part,
but also their successors and assigns and those who for the time being
may be the commissioners of the Queen Victoria Niagara Falls Park, or

anybody, minister, or other official to whom the Legislature of Ontario
may appoint or require to discharge the duties or exercise the powers of
the commissioners.

2. The expression "The Company," wherever it occurs herein, shall
be understood to mean the company incorporated as hereinbefore
mentioned, and its successors and assigns. 2 (a) The company shall not
be affected by any provisions in The Electric Railway Act contained, which
may be at any time repealed or be declared to be without the powers of
powers of the Legislature of Ontario ; and section 9 relating to the acquisi-
tion of lands for parks ; sections 18 to 26 inclusive ; sections 36 to 38
inclusive, and sections 44 to 80 inclusive of T/ie Electric Railway Act, are
declared to be inconsistent with the rights, powers and duties of the com-
pany in respect of this agreement, and shall not apply thereto.

3. The expression " Chain Reserve," wherever it occurs herein, shall
be understood to mean, the land lying alonyr the bank of the Niagara
River situate in the townships of Bertie and Willoughby and county of
Welland, in the Province of Ontario, and extending from the Garrison
road in the village of Fort Erie, to and including Lot number 22, in the
second concession in the township of Willoughby, lying between those
portions of the lots, heretofore granted by Letters Patent from the Crown,
and the waters edge of the River Niagara, and including the chain reserve
proper as hereinafter defined.

4. The expression " chain reserve proper," wherever it occurs herein,
shall be understood to mean and include the highway as originally defined,
or as now or by these presents widened and substituted in front of, or
upon the lots fronting on the Niagara River, or upon which the allowance
for road along the river is laid, and one chain in width.

5. The expression "the railway," wherever it occurs herein, shall be
understood to mean a railway to be constructed, run and operated by
electric power, and no different or other power, and to be constructed
and laid upon the chain reserve proper.

6 Whereas the company in pursuance of the powers and subject to the
conditions in the Acts of the Legislature of the Province of Ontario con-
tained, being about to build a Railway between the Village of Fort Erie,
in the County of Welland, to appoint in or near the Village of Chippewa,
in the said County of Welland, the power of locating the same not being
exerciseable until the company has obtained t he approval of the Lieuten-
ant-Governor in Council to the construction of the said Railway, and, in
order to obtain such approval, the company has applied to the commiss-
ioners to secure the approval of the Government of Ontario, for the right
of occupation of some parts of the Chain R serve, to construct the said
t-ailway thereon, as part of a railway to extend between the Village of
Fort Erie and the Village of Chippewa.

7. And the commissioners, acting on behalf of the Government of
Ontario, with its approval, are prepared to license such occupation for the
purposes aforesaid, upon the terms in this agreement mentioned and set
forth.

8. And whereas the provisions and conditions hereinafter set forth as
agreed upon between the parties, some of which modify or change some
of the provisions of Acts of the Legislature of the Province of Ontario,
and together with other stipulations and conditions herein contained, will
require the passing of an Act of the Legislature to confirm and declare
the legality of this agreement as hereby agreed upon, or as the Legislature
may deem proper to require, order or declare.

9. And whereas the improvement and maintenance of the bank of the
River Niagara between the above limits, so that the same shall be pre-
served against the wash of the river, and the preservation and continuance
of highway facilities over the Chain Reserve, are among the considerations
moving the commissioners towards the making and entering into this
agreement.

10. This agreement witnesseth and it is hereby agreed by the parties
hereto.

That between the point of commencement of the railway in the Village
of Fort Erie, viz : — to Slater's Point on the Niagara River, being in front
of lot number twenty-two of the broken front of the township of Will-
oughby, in the county of VVelland aforesaid, the railway shall be laid on
the east or river side of the Chain Res rve proper on such line as the
commissioner of Public Works shall determine ; and for that purpose
shall be allowed 26 feet in width thereof subject to the uses hereinafter
specified, and measuring from the tracks of the railway on the west as the
location of the railway is above defined, the space for unobstructed high-
way traffic shall nob at any time during the continuance and existence of
this agreement, or at any point, be less than 40 feet in width west of the
western 1 erm of the railway except where lessened in the discretion of
the commissioner of Public Works, as hereinafter providefl, so that the
common and public use for highway may pass freely over and along the
highway as heretofore, between the farms and private lands on the one
h ind, and the railway on the other, subject to rights of passing over the
railway, as by law, or as hereinafter specified.

11. The company in respect of the said highway withbi the width of
40 feet shall grade, shape and roll the same to a hard finish for the entire
distance between the point of beginning of the railway at Fort Erie to
Slater's Point on lot number twenty-two as and for a turnpike road,
according to the cross-section shown herewith, providing sufficient cross-
drainage of a permanent character, and providing all necessary bridges
of the full width of the road as in the cross-section shown, namely, 23 feet
width in the clear :

11. (a,) Between the northern boundary "?of the Village of Bridgeburg
and Slater's Point, with the consent of the commissioner of Pubic Works
at certiin points by reason of circumstances of special difficulty, the nor-
mal width of 40 feet for highway as above provided may be lessened, and
whatever land may be required to secure such width of 40 feet at any
time during the continuance and existence of this agreement west of
the Western berm of the railway, excepting the special provision between
the point of commencement in the- Village of Fort Erie to the northern
boundary of the Village of Bridgeburg, shall, if the same form any part
of the land of proprietors (or than the commissioners) be procured by the
company, by or under any powers which are exerciseable by this agree-
ment, as c mfirmed by Act of the Legislature. Between the point of com-
mencement and the northern boundary of the Village of Br.dgeburg, the
Company shall not be required to expropriate land for widening the high-
way to the full width of 40 feet as hereinbefore stipulated.

12. Any land which may be required in order to make and maintain
the highway of the full width above specified and defined, or wherever
any land, is required for such highway or railway, other than by the grant
by the commissioners by these presents made, such land shall by such
requirements become dedicated for use for highway purposes, or for rail-
way purposes, as the case may be, in accordance with these presents, but
the title thereof, if not so already, shall be made to the commissioners as
and for the public uses of the Province, but subject to highway uses :

Fences, including gates, shall be trected by the company along the
division or boundary line of the highway and the land of the proprietor,
where land shall have been taken from the proprietor for the purpose of
widening highway, within two months from the time of such taking,
unless the proprietor shall by writing extend such time, such fences shall
be of the same style as are upon and exist at the time of such taking, or
the same fences shall be moved and re-erected, if such removal, including
the gates, can be removed satisfactorily, and made not less good than
previously to the taking as aforesaid.

13. The highway as now located or as may be placed on lanr?s acquired
for its improvement, including .the part occupied by the railway notwith-
standing where or in whom the title to the soil and freehold may be
vested, shall be under no control other than that of the municipalities
within which its several parts are situate, in accordance with the pioris-
ions of The Municipal Act, except as by these presents varied.

14. Wherever there is or may be a public highway from the Chain
Reserve proper to the water's edge of the Niagara River, the same shall
be kept open, maintained and repaired by the company during the
existence of this agreement.

15. The railway tracks shall be subject to free passage over the same for
highway purposes, and to the waters of the river for domestic purposes
or watering stock, where such uses shall not trespass upon any private
right ; and all persons using the highway upon which the railway is laid,
or adjacent, shall be at liberty to travel upon any portion of the highway
occupied by the railway provided that the running of the railway carriages
or other conveyance of the company are not unduly impeded or interfered
with in such running ; and in all cases carriage or other vehicle on the
railway track shall immediately, by leaving the track, give place to the
railway f>arriages or other conveyances of the company.

16. The rights of the company hereby granted or conferred, shall be
subject to the exercise by the Government, of grants of passing over the
railway, and granting access to the lands or water lots of Ontario along
the bank, foreshores, or bed of the Niagara river, for any purposes what-
ever ; the rights of the company hereby granted or conferred shall also
be subject to any grants, public rights, or private rights which may have
been heretofore granted by the Dominion or any Provincial Government.

17. And this agreement further witnesseth as follows, that is to say,
that for and in consideration of the matters hereinbefore contained, and
the due execution by the company of the works thereby agreed by the
company to be constructed and the lands to be acquired, and also of the
rentals hereinafter reserved, and other provisions herein contained, the
commissioners do hereby license and permit the company to construct a
first-class electric railway with single or double tracks over and upon the
chain reserve proper, from a point in the village of Fort Erie aforesaid
at the steamer landing (nearly opposite Forsyth street) being in front of
the chain reserve proper, thence along the chain reserve proper to that
part of lot numbered twenty-two in the broken front of the said township
of Willoughby, in accordance with the provisoes, conditions, agreements,
and recitals, in this agreement contained.

18. The said railway is to be four feet eight and a half inches guage.
and is to be laid with steel rails of not less than 45 pounds to the lineal
yard, fastened with fish plates, the formation, ballast, bridges and all
other structures to be approved of by the Commissioner of Public Works
for the Province of Ontario ; for the purpose of electric light or electric
power being used by consumers, the company shall have power to place
wires upon the poles of the company used for transmission of the electric
power required to operate the railway.

19. The company shall not erect any buildings or sheds upon the chain
reserve without special permission of the commissioners, and shall not
carry any work thereon that will in any way disfigure the chain reserve or
river bank, of which works, whether disfiguring or not, the commissioners
are to be sole judges.

20. Nor shall the company encroach upon any part of the chain reserve
proper with the object or for the purpose of constructing or building the
railway or any part thereof upon the chain reserve proper, nor any part
thereof until the formation and constructing of the highway of forty feet
in width, in accordance with the profile thereof, and the bridges of such
highway shall have been completed to the satisfaction of the Commissioner
of Public Works and ready for public use, and the acquision of the land,
which may have to be acquired for the width provided under this agree-
ment, shall have been validly acquired and vested in the commissioners
as herein provided.

21. But so soon as the highway shall have been completed in accordance
with the provisions of the next preceding paragraph, the company may
commence the construction of the said railway whenever the plans and
specifications thereof are approved in accordance with paragraph 35 of
this agreement, but neither such approval, nor in any other matter in

this agreement contained is to affect the observance by the company of all
the provisions of the laws of Ontario, in so far as the same are applicable
by virtue of any of the Acts of the Legislature of Ontario affecting the
said railway.

The Commissioner of Public Works with a view to enable the building
of the railway being expedited may define portions of the railway, (the
location and specifications whereof having been duly approved) the con-
struction of which may be commenced before the whole of the highway
has been completed, provided that contiguous to such defined portions of
the railway, the land, if any required for widening the highway has been
obtained, and that the public use of the highway contiguous to such
defined portions of the railway shall not be obstructed or impaired.

22. The railway shall not be constructed, operated or worked upon tho
chain reserve proper, or its traffic thereon arranged so as to impede or
incommode the public use of any streets, highway, or public place as little
as possible, and so as not to be a nuisance thereto, nor to interfere with
the free access to any house or other building erected in the vicinity of
the same, nor to endanger the same.

23 The license hereby granted is for the term of twenty-one years,
commencing with the fi.st day of January, nineteen hundred and one, the
company paying therefor to the commissioners the clearly yearly rental of
($1,000) one thousand dollars during the first seven years (the rent to be
computed from the first day of January, 1901. The rental for the eighth,
ninth and tenth years of the term to be twelve hundred dollars for each
year, the rent for the eleventh to the fifteenth years of the term inclusive
to be fifteen hundred dollars for each of the said five years, and the rent
for the sixteenth to the twenty-first year of the term inclusive to be two
thousand dollars for each of the said six years. The said rentals to be
paid in four equal quarterly instalments, on the first day of the months
of April, July, October and January in each and every year, the first
payment shall be due and payable on the first day of April, 1901 ; and all
such payments shall be made to the Commissioners quarterly as aforesaid,
whether the railway be complete or not.

24. The rent shall be paid, although the company may not by virtue of
this agreement be able to exercise the rights and powers to construct and
operate the said railway, it being understood that the commissioners do
not guarantee the rights, interests, and franchises hereby conveyed to the
company, and do not covenant for the quiet enjoyment thereof, except as
against the acts of the commissioners and their successors, and anyone
claiming by, through or under them.

25. At the end of the term of twenty-one years, to be computed from
the first day of January, 1901, the said term shall be renewable on the
request by the company for a further period of twenty-one years as may
be agreed upon, or as hereinafter provided.

26. If at the end of the said first term or period of twenty-one years,
the Commissioners shall demand from the Company for the further period
of twenty-one years the payment of a greater clear annual sum than the
sum of two thousand dollars as rental for each year of the said further or
second term or period of twenty-one years, then if the parties hereto
cannot agree as to the same, the amount to be paid for such other period,
not less than the amount of two thousand dollars for rental for each year
of such further period, shall be ascertained by three arbitrators or a
majority of them, one of whom shall be named and appointed by the
Commissioners, another by the company (the parties hereto of the second
part) and the third by the Chief Justice or senior presiding judge of the
Provincial Court of ultimate appellate jurisdiction for Ontario. The pro-
ceedings of and before such arbitrators shall be subject to the provisions
of law relating to " References by Consent out of Court" contained in
the Revised Statutes of Ontario 1897, chapter 62, respecting arbitration
and references. Either party to such arbitration may appeal in accord-
ance with the provisions of the aforesaid Revised Statute respecting
Arbitration and References.

27. If the company desire to renew for such further period of twenty-
one years, notice of such desire to renew shall be given by the company
to the Commissioners in writing at least twelve months before the expira-
tion of the first term or period of twenty- one years.

28. If at the end of the said first period of twenty-one years, the com-
pany decline or are unwilling to renew, or at the end of the second period
of twenty-one years, if the company continue to hold for such second
period, the company shall be duly compensated by the Commissioners for
their railway machinery and "ther works (between the points over which
the same is licensed to be constructed by virtue of this agreement and
being in and upon the lands under this agreement licensed), including the
equipment, but not in respect of any franchises for holding or operating
the same, such compensation to be fixed by mutual agreement, or in case
of difference by arbitration as in paragraph 26 of this agreement, but the
failure "before the expiration of any such term to fix such compensation in
manner aforesaid, or to pay before such expiration, the amount of com-
pensation so fixed, shall not entitle the company to retain possession mean-
while of the said railway, equipment, machinery and works, by this
agreement to be constructed or operated, but the same shall nevertheless
and notwithstanding that the commissioners may have taken possession
thereof, remain subject to such liens and charges pave as to possession as
aforesaid, as may exist in favor of bond-holders or debenture holders of
the company, and the company shall retain a lien or charge thereon, save
as to possession as aforesaid, for compensation of their railway equipment,
machinery and works to be agreed upon as a''oresaid or so to be awarded
to them, provided however, that all such liens and charges shall not
exceed the amount that may be agreed upon or may be awarded for such
compensation as aforesaid.

29. The compensation to be made to the company in respect of the
matters contained in the next preceding f^paragraph of this agreement,
according to its provisions under the contingencies therein specified, shall
include the prices paid to the proprietors of the lands to be acquired to
build the railway, and to restore or widen the highway, which the com-
pany will have to acquire, and which the commissioners do not now hold,
and also the amount actually paid for grading and making the Highway
and its bridges in accordance with the provisions and specifications con-
tained in paragraph 11 of this agreement.

30. The particulars of the prices paid for land, and the amount paid
for making the highway and its bridges shall he furnished to ths Com-
missioners within six months after the same shall have been paid by the
company.

For all railway equipment, machinery and works provided, and the
amount expended during the continuance of this agreement and its term
of extension if extended under its provisions and which has been expended
in each year, the company shall annually furnish to the commissioners
particulars of such expenditure, and if not furnished within one year
after expenditure, such expenditure shall not form an item or cutlay for
which the company at the expiration of this agreement or the extension
thereunder sha'l be compensated, but no interest on any of the foregoing
expenditures or outlays shall be claimable by the company or recoverable
as part of the compensation to be paid or allowed, and the valuation of
the railway an 1 works done, and equipment, shall be upon the condition
of such railway and works and their actual value at the expiration of this
agreement.

31. The rents hereby agreed to be paid are hereby declared to be and
shall be the first and preferential charge upon the railway and works, and
the company shall not create any lien, charge or encumbrance upon the
railway or works, or any of them by bond, debenture, mortgage or other-
wise.'nor^suffer any mechanic's lien to be created, which will interfere
with or prevent the commissioners from procuring payment of the rent
hereby reserved, or any part thereof, and no simple contract creditor or
any other creditor of the company is to have any claim against the rail-
way or works, or any part thereof, in priority to the claim of the com-
missioners for rent.

32. Provided always that if any of the rent, whether payable under
paragraph 23 of this agreement, or in respect of the renewal term in the
paragraphs subsequent and supplementary thereto, shall be in arrear for
three months, whether legally demanded or not, the commissioners, or if
not then an existing corporation, the Government of the Province of
Ontario may enter into and upon the railway or any part thereof in the
name of the whole, and thereupon this agreement shall terminate and the
remainder of the terra then current shall terminate as well as any renewal
thereof, which under this agreement may be claimed

33. In respect of all rights and authorities which the commissioners by
this agreement have conferred or have agreed to confer upon the company
to exercise in and about the execution of the works to be constructed, and
operating and working the same, or of all other matters of any kind
whatever herein agreed upon, the company will indemnify the commis-
sioners in respect of the exercise of said rights by the company, or of any
acts done by the company in pursuance of any of the matters herein con-
tained, and will hold the commissioners free from any liability to any
person or persons whomsoever.

34. And provided that should the title of the commissioners, or of the
Crown, to any portion or portions of the lands hereby licensed to be
occupied by the company found to be defective, neither the company nor
its successors or assigns shall have any claim in respect thereof by virtue
of anything contained in these presents.

35. The company shall not commence t>.e construction of the highway
or the railway or r.ny work thereunto appertaining, until it has submitted
to the Lieutenant-Governor- in Council plans of the location of such high-
way, and of the profile thereof, and such highway is proposed to be
widened and of all the intended works and bridges thereunto appertain-
ing, and the approval of the Lieutenant-Governor-in-Council obtained,
nor until the plans and specifications of the railway have been approved
by the Lieutenant-Governor in-Council.

36. The construction, widening and grading of the highway shall be
commenced within tw^o years, and the railway within tnree years, and the
whole completed within five years from and after the date of this agree-
ment, and if ^he said works are not commenced and completed within said
times, then the powers in this agreement, provided and granted shall
cease and be null and void.

37. The company covenants, promises and agrees with the commis-
sioners to carry into effect, observe, perform, and fulfil all the provisions
and stipulations in these presents contained, and to be carried into effect,
observed, performed and fulfilled by the company.

38. This agreement shall have no force or effect until confirmed by an
Act of the Legislature of the Province of Ontario.

In witness where -f the corporate seal of the commissioners has been
hereto affixed by the chairman who has signed this agreement and duly
authorized for all purposes hereof by resolution of the Board of Com-
missioners duly passed on the eleventh day of April, 1900, and the com-
pany, acting by and through its president and secretary, duly authorized
for all purposes hereof by resolution of the Board of Directors of tha said
company, duly passed on the ninth day of April, 1900, has hereunto
affixed its corporate seal under the hands of the president and secretary.

Signed sealed and delivered by the President and Secretary of the Fort
Erie Ferry Company in presence of James Wilson.

Fort Erie Ferry \ W. H. Davis
Railway Company V President.

Corporate Seal, j Wm. Whakton,
y ' . Secretary.

1
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The Queen "^ The Commissioners of the
Victoria Niagara ' I Queen Victoria Niagara

Falls Park f Falls Park,
Corporate Seal. J J. W. Langmuir,
Y ' Chairman.

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No. 242.] "DTT T [1900.

BILL.

An Act to amend The Municipal Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Onbario,-
enacts as follows : —

1. Sub- section 4 of section 569 of Ihe Municipal Act isRev. stat-
5 hereby amended by adding thereto the following proviso : ^'^\^' ^^^'
Provided that so long as conductors upon the said cars are amended,
allowed the privilege of riding inside during inclement or When rear
dusty weather, the providing of a vestibule for the protection vestibules
of the motorman upon such cars shall be a sufficient compli-
10 ance with every such by-law.

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No. 243.] T)TT T 1^00

BILL.

An Act to amend The Liquor License Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 14 of The Liquor License Act is hereby amended Rev. Stat,

5 by adding thereto the following sub-section : c. 245, s. 14,

"^ *=* ° amended.

(3) No license shall hereafter be granted under the provis- Licenses not
ions of this Act for the sale of liquor upon any premises for to be granted
which a license has not heretofore been granted when such park'g*®'^ '°
premises are part of the grounds used as a public park or
10 recreation grounds, whether owned, occupied or managed by a
municipality or private person or corporation, or which are
within the distance of three hundred yards from such grounds.

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No. 244.] T^TT T [1900.

BILL.

An Act to amend the Act respecting Brewers' and
Distillers' and other Licenses.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario enacts
as follows : —

1. Subsection (1) of section 10 of the Act ^passed at the 62 V. (2), c. 31,
5 second session held in the 62nd year of Her Majesty's reign,-^' s lo, sub-s. i,
chapter 31, being An Act to amend the Act respecting Brewers' *™®°°^°-
and Distillers' and other Licenses is hereby amended by striking
out all the words after the words " or brewer " in the sixth
line thereof, down to the word " and " in the ninth line thereof

20 and by striking out the words after the words " business of "

in the fourteenth line down to the words " brewery or " in the Returns by
sixteenth line thereof and inserting instead thereof the word ^F®^^f" *°^
" such," and by striking out that portion of the said subsection
after the words " as aforesaid " in the 23rd and 24th lines

lg thereof and inserting in lieu thereof the following " nor shall
it be necessary to include in the said return or affidavit the
value of the building and plant used in malting or fattening of
cattle or swine or of any other like business carried on in con-
nection with the brewery or distillery either in proximity

2Q thereto or elsewhere nor of the stock of malt on hand."

2. Schedule N of the said Act is amended by striking out 62 v. (2),
of paragraph 4 of Form 1, paragraph 5 of Form 2 and para- c.sl.Sched.N,
graph 4 ot Form 3, the words after the words " (or distiller) " *™^°°®^-
in the fourth lines down to the word " and " in the seventh
25 lines of the said paragraphs respectively.

3. — (1) If the applicant for a brewer's provincial license so payment of
desires the annual license fee or duty payable to the Province licenses fe«.
may be paid on or before the 1st day of October in each year.

(2) In such case the minister may issue to the applicant p
30 a permit which shall remain in force for a period of five first half year
months that is to say from the first day of May in the year ?ii payi»ent of
in which it is issued until the first day of October of the '°* """^ '*
same year and no longer, and while in force shall confer on the
holder the same privileges and authority as if he had obtained
gg a license.

Form »nd (3^ The Lieutenant-Governor in Council may direct the

permit" ° issue of permits in such form as he may provide to be used in
place of licenses and such permits shall be signed by the
Minister and dated as of the first day of May in each year and
shall be absolutely void and of no effect after the first day of 5
October in the year in which the same is issued.

Applications (^4^ j^\\ ^\^q provisious of The Liquor License Act with re-
of ^Lev. Stat, gard to licenses and offences and penalties shall apply to persons
c, 245. holding permits in the same manner and to the same extent as

if such persons were licensees. 10

"License" to ^5) Jt shall not be necessary in any proceedings under the
mit." ^ ^*'" said The Liquor License Act to specify or particularize the

permit, but the same shall be included for all such purposes in

the word " license."

Act to be read 4. This Act shall be read with and as part of The Liquor 15
Stat. c,*245. License Act, and shall come into force immediately upon the
passing thereof.

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No. 245.] T>TT r [19^^-

BILL

An Act to amend The Ontario Controverted Elections

Act.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Section 32 of The Ontario Controverted Elections Act is Rev. Stat.
5 an)ended by striking out the words " as hitherto " in the fifth c- H, s 32
line and substituting therefor the words " as follows " and by
striking out the words " the third day of Michaelmas sittings
in every year " in the eighth and nint'n lines of the said sec-
tion, and substituting therefor the words " the day next pre-
10 ceding the Christmas vacation."

3. Section 34 of the said Act is amended by adding thereto Rev. Stat,
the following subsection :— l2lnLt

(2) If a selection is not made at the proper time such selec-
tion may be made at any other time at a meeting of the mem-
X5 bers of the Court or Division duly called for that purpose, and
Judges on the r ota shall continue to act until their successors
are appointed.

3. Subsection 2 of section 47, of the said Act is amended by ^^^ g^^^.
inserting after the word " petition " in the third line of the c 11, a. 47
20 said subsection the words " including the trial under section amended.
188 of The Ontario Election Act of charges of corrupt prac-
tices in connection with the election to which such petition c, 9.'
relates."

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No. 246]. T)TT T t^^^-

BILL

An Act to amend the Act respecting The Education
Department.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Section 5 of The Act respecting The Education Depart- Rev. Stati
- merit is amended by adding to section 5 the following 291, a. 6,
words : —

" And the members of the said Council shall constitute a
consultative committee to confer with the Minister on such
matters as he may, from time to time, submit to them."

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Bill No. 247
NOT PRINTED

No. 248.] . "DTT T [19^^^-

BILL.

An Act respecting certain Railways.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. — (I) Every .•^ubsidy heretofore granted out of the Consoli- Subsidies to
5 dated Revenue Fund of this Province in aid of any railway shall certain condi-
as to any part trhereof which is still unearned, and all subsidies ^i^ns as to
hereafter granted to any railway out of the said fund, in addi- tosettleTs!?tc.
tion to all other lawful requirements shall be subject to any
conditions which may hereafter be imposed by order of the

10 Lieutenant-Governor in Council respecting the toll to be
charged to persons known as " Settlers " or " Prospectors "
using any such subsidized Railway or any part thereof, either
for freight or passenger service, and in default of compliance
with the said conditions, or any of them', the railway com-

15 pany or any assignee of a railway company claiming such
subsidy shall not be entitled to receive payment of the same, or
if such subsidy shall have been paid over prior to such default
the company operating such railway shall forfeit such part
thereof as may be determined by Order in Council and the

20 same may be recovered back from such company with full costs
of action at the suit of the Attorney General of this Province
in any court of competent jurisdiction.

(2) The words "settlers" and "prospectors " shall respectively .'' Settlers,"
be construed to include any person who shall have produced wKrhe""^^'"

25 evidence to the proper officer of the said railway that he is an deemed,
intending settler or prospector as the case may be in the district
through which such railway runs, which evidence shall be
deemed sufficient if it complies with the requirements of any
Order in Council in that behalf and the said words shall also

30 mean and include every member of the family of a settler or
prospector using such railway or any part thereof.

(3) The expression " toll " shall include any rate or charge " Toll "
for any passenger, animal, carriage, goods, merchandise, matter "^^^"'"^ °^-
or thing conveyed on the railway.

^- 2. Every such subsidy .or portion thereof shall further be Payment of
subject to the condition that the workmen, labourers or serv- of wages't?^
ants employed in or about the construction and operation of workmen,
the railway in aid of which such subsidy is granted shall be

paid such rate of wages as may be currently payable to work-
men, labourers and servants engaged in similar occupations in
the district in which such railway is constructed and operated
and upon breach of such condition by the railway company the
subsidy shall be forfeited and in case the subsidy shall have
been paid over before such breach such part thereof as may be
determined by Order in Council may be recovered back from
the railway company to which the same was granted with full
costs of action at the suit of the Attorney General of the Pro-
vince in any court of competent jurisdiction.

3. Every railway company receiving any subsidy either of

Subsidized

buflt of mater- "loney or of lands under any Act of the Legislature of Ontario,
ials made and after the passing of this Act, or any railway company hereto -
CanadT^'* '° fore receiving any subsidy either in money or in lands, part of

which is still unearned, shall, as far as practicable, construct, 15
equip and operate their lines of railway with railway supplies
and rolling stock made, purchased or procurable in Canada,
providing such railway supplies can be obtained as cheaply
and upon as good terms in Canada as elsewhere, having re-
gard to quality and price, and unless the Lieutenant-Governor 20
in Council shall approve of the same being procured elsewhere.

Aliens em
ployed on
railways.

4r. No person shall be employed in the construction of any
railway receiving a subsidy either in money or in lands who is
a citizen or subject of any country having an Alien Labor Law
which practically excludes Canadians from employment upon 25
the public works of such country or on other works therein.
Any company employing laborers as aforesaid shall be liable
to a penalty of $20 per day for each person so employed dur-
ing the whole period of such employment.

5. This Act shall be read with and as part of The Rail- 30

Act incorpor-

Rev.^tat. c. '^^V -^^^ ^f Ontario, and of any Act respecting aid to railways
207, etc. passed during the present or any future session of this

Legislature.

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No. 248.] "DTT T [1^^^^-

BILL

An Act respecting certain Kailways.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. — (1 ) Every subsidy heretofore granted out of the Consoli- Subsidies to
dated Revenue Fund of this Province in aid of any railway shall ^^ subject to
as to aTiy part thereof which is still unearned, and all subsidies tions as to
hereafter granted to any railway out of the said fund, in addi- fP^^i^i ^^^^^
tion to all other lawful requirements shall be subject to any
conditions which may hereafter be imposed by order of the
Lieutenant-Governor in Council respecting the toll to be
charged to persons known as " Settlers " or " Prospectors "
using ^^in connection with their prospecting and settling in
the district in this Province through which the railway runs"^
any such subsidized Railway or any part thereof, either
for freight or passenger service, and in default of compliance
with the said conditions, or any of them, ^^^there may be
deducted and retained from any monies payable in respect of
such unearned subsidy or hereafter granted subsidy such
amount as the Lieutenant-Governor in Council may think
, proper and°^the railway company or any assignee of a rail-
way company claiming such subsidy shall not be entitled to
receive payment of the same, or if such subsidy shall have been
paid over prior to such default the company opei'ating such
railway shall forfeit such part thereof as may be determined
by Order in Council and the same may be recovered back from
such company with full costs of action at the suit of the Attor-
ney General of this Province in any court of competent juris-
diction.

(2) The words "settlers" and "prospectors " shall respectively '.[ Settlers,"
be construe(d to include any person who shall have produced who to be
evidence to the proper officer of the said railway that he is an deemed,
intending settler or prospector as the case may be in the district
through which such railway runs, which evidence shall be
deemed sufficient if it complies with the requirements of any
Order in Council in that behalf and the said words shall also
mean and include every member of the family of a settler or
prospector ^^residing with him"^ using such railway or any
part thereof ^in connection with such prospecting and settl-
ing."®*

" Toll "
meaning of.

Payment of
current rates
of wages to
workmen.

(3) The expression " toll " shall include any rate or charge
for any passenger, anin)al, carriage, goods, merchandise, matter
or thing conveyed on the railway.

2. Every such unearned subsidy or hereafter granted sub-
sidy shall further be subject to the condition that the work-*
men, labourers or servants employed in or about the construc-
tion and operation of the railway in aid of which such sub.sidy
is granted shall be paid such rate of wages as may be -currently
payable to workmen, labourers and servants engaged in similar
occupations in the district in which such railway is constructed
and operated and u[)on breach of sucb condition by the rail-
way company^there may be deducted and retained from any
monies payable in respect of such unearned subsidy or here-
after granted subsidy such amount as the Lieutenant-Governor
in Council may think proper'^^and m case the subsidy shall
have been paid over before such breach such part thereof as
may be determined by Order in Council may be recovered back
from the railway company to which the same was granted with
full costs of action at the suit of the Attorney General of the
Province in any court of competent jurisdiction.

Subsidized 3. Every railway company receiving any subsidy either of

built of m^ater- 'Tf^oney or of lands under any Act of the Legislature of Ontario,
ials made and after the passing of this Act, or any railway company hereto
Canada *° ^^^^ receiving any subsidy either in money or in lands, part of
which is still unearned, shall, as far as practicable, construct,
equip and operate their lines of railway with railway supplies
and rolling stock made, purchased or procurable in Canada,
providing such railway supplies can be obtained as cheaply
and upon as good terms in Canada as elsewhere, having re-
gard to quality and price, and unless the Lieutenant-Governor
in Council shall approve of the same being procured elsewhere

Aliens em
ployed on
railways.

4. No person shall be employed in tlie construction of any
railway receiving a subsidy either in money or in lands who is
a citizen or subject of any countryhaving an Alien Labor Law
which practically excludes Canadians from employment upon
the public works of such country or on other works therein.
Any company employing laborers as aforesaid shall be liable
to a penalty of $20 per' day for each person so employed dur-
ing the whole period of such employment.

Act incorpor- 5. This Act shall be read with and as \)Ar^ ©f The Rail-
Rev.^'tat. c. '^^^2/ ^^^ ^f Ontario, and of any Act respecting aid to railways
207, etc. passed during the present or any future session of this

Legislature.

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No. 249.] T^TT T *" ^^^^^'

An Act respecting Upper Canada College.

WHEREAS it would tend greatly to advance and extend Preamble,
the usefulness of Upper Canada College and to promote
the purposes for which it was established that the property
and effects, real and personal, now held by the Crown in trust
5 for the College should be vested in the College, and that a
change should be made in its constitution and mode of govern-
ment as hereinafter set forth.

Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
IQ as follows : —

1. This Act shall be known as The Upper Canada College Short title.

Act, 1900.

2. The school now established near the City of Toronto and College
heretofore known and referred to in various Acts of the Legis-

15 lature of this Province as " Upper Canada College," is hereby
continued and declared to be subject to the provisions of this
Act.

3. The said school shall be under the management and con- Board of
trol of a Board of Governors who shall be a body corporate corporated as

20 under the name and style of " Upper Canada College " "The College,
hereinafter called and referred to as "the College," with
perpetual succession and a common seal and with power to
hold lands subject to this Act, for the purpose of the College
without license of mortmain, and under the name of " Upper

25 Canada College" to contract and be contracted with, sue
and be sued in all courts and places, whatsoever, in this
Province.

4. — (1) All property and effects, real and personal, now vested ye^tg^^jn
in the Crown in trust for the purpose of Upper Canada College, corporation,
and all other property and effects now owned by or held in
*^^ trust for the said College or to which the said College is
entitled shall be and they are hereby vested in the College for
the purposes of the College, but subject to the provisions of
this Act.

35 (2) All such property and the principal of all money invest- Permanent
ed and all subscriptions received for the purpose of endow- "° '

ment shall be deemed permanent property and shall not
except as hereinafter provided, be diminished or expended but
shall remain as a permanent fund for the support and main-
tenance of the College and for the purposes of this Act.

Future
property.

fewTunde. (^) ^he sum of $36,450 now representing the balance 5
Vict. c. 58. unexpended of the moneys paid to the Trustees of Upper Can-
ada College by the Trustees of the University of Toronto, pur-
suant to section one of the Act passed in the fifty-eighth year
of Her Majesty's reign, and chaptered 58, shall form part of
the permanent fund of the College. Nothing in this Act iq
contained shall interfere with the provisions in any order in
council relating to superannuation of William Wedd and John
Martland, former masters, in force on the 5th day of May, 1894.

(4) All property, real and personal, that may hereafter be
granted, devised or bequeathed to and for the College, shall 15
be vested in the College in trust for the purposes and support
of the College, subject to the provisions of this Act and to
the terms of the grant, devise or bequest.

Income fund. (5) The income from the permanent funds and from the

investments made by the College, the fees received for tuition 20
and maintenance, the rents, issues and profits and interest or
dividends from all property, real and personal, held for the
benefit of the College, (except property touching which it has
been otherwise ordered by the donors) and all contributions
received by the College for the purpose of being applied 25
towards the working expenses of the College shall form the
income fund of the College, and shall be at the disposition of
the Governors for the purposes of the College and they may
in their discretion from time to time use any surplus for creat-
ing a contingent fund^^or add the same to the permanent fund 30
of the College.

General
pewera of
governors.

5. The Governors shall have the power of appointment and
removal of the principal, masters, bursar, and other officers
and servants of the College, and shall have the control,
management and government of the College, and subject to 35
the provisions herein contained, also of all its properties,
endowment, funds, assets, income and revenues, and shall have
power from time to time to make by-laws, rules and regulations
not contrary to law or the provisions of this Act, and from time
to time to repeal or vary and amend the same or any of the 40
same, for the working and management of the said College
including the power of establishing masterships, exhibitions,
scholarships or prizes and of fixing the salaries of the princi-
pal, masters, bursar, officers and servants from time to time,
and also as to all matters pertaining to the business, meetings 4^'
and transactions of the said governing body from time to time,
and shall have power to fix the quorum necessary for meet-
ings of the Governors, and to act by such committees as they
may deem proper to appoint from time to time.

6. The Board of Governors shall be seventeen in number Number of
and their services shall be given gratuitously.

7. — (1) The said Board is hereby constituted as follows : ^^^'l'?' ^°^

^ ' '' constituted.

(a) Six members ex officio :
^ (1) The Chief Justice T)f Ontario.

(2) The Honourable the Minister of Education of
Ontario.

(3) The Treasurer of the Law Society of Upper
Canada.

"" (4) The Chancellor of the University of Toronto.

(5) The President of the Board of Trade of the
City of Toronto.

(6) The President of the Upper Canada College
Old Boys' Association.

1^ And (6) eleven members to be named by the Lieutenant-

Governor in Council in the proclamation herein-
after mentioned by which this Act is to brought
into operation, w^ho shall hold office as follows :

(2) Of eight members of the eleven members to be nar ed as Term of office
20 aforesaid, being other than ex-officio members, two shall retire °^ appointed

annually, on the first day of September, in each year, begin-
ning with the first day of September next after one year from
the date of the said proclamation, in such order as the said
eight members may decide amongst themselves, otherwise in
25 the order of their names as set forth in the said proclamation,

(3) The vacancies occasioned by the two members retiring Vacancies,
annually and every vacancy occurring in the said first eight
memberships at any time shall be filled by the remaining
members of the Board of Governors by appointment.

30 (4) The other three members of the eleven to be named as Members of
aforesaid, shall be nominees of the Upper Canada College Old 0^^ ^pys'
Boys' Association, and shall hold office for three years from ^^*^"* '""•
the date of the said proclamation, and their successors
shall be elected by the Upper Canada College Old Boys'

35 Association, or by such committee thereof as the by-
laws or rules of the said Association shall provide,
every three years thereafter and every vacancy occurring
during any such period of three years in the representation
of the said Association by three members of the Board of

40 Governors shall be filled in like manner.

(5) The mode of election of the Governors to be elected by the By-laws, as to
said Association, and the qualifications of electors and of such ®^®°*^io°^'
Governors shall be fixed by by-law of the said Association.

8. In the event of the removal from this Province, or Declaring seat
45 absence without leave for six successive months of any vacant for
member of the Board other than members ex-officio from
the meetings of the Governors they may by a resolution

arried by a two-thirds vote of those members of the Board
present at a meeting duly called for that purpose declare the
seat of such absentee to be vacant.

First meeting
of Boa»-d.

9. The first meeting of the Board of Governors shall be held
within one month after this Act comes into force at a time and 5
place to be fixed, and upon such notice as may be given by the
Honourable the Minister of Education for Ontario, who shall
ex-officio be the chairman at such meeting. Until this meeting
takes place the present Board of Trustees of the college shall
continue as at present to manage the afl^airs of the college and 10
thenceforward they shall cease to hold ofiice as such trustees.

At the first meeting of the Governors after this Act comes
into force they shall from amongst themselves elect a chairman,
who shall hold such office until his successor is elected, and at
the first meeting of the Governors each year after the 1st day 14
of January next after this Act comes into force, the Governors
shall from amongst themselves elect a chairman, who shall
hold office during such year and until his successor is elected.

Specifi* j[Q Without limiting the general powers herein before

GovernorB. conferred, the Board of Governors shall have the following £0
specific powers : —

(1) They shall have the management of the endowment and
permanent funds and of all other property of the college but,
shall not have power to alienate or encumber the same or any 25
part thereof, except moveable property, which may from time
to time be disposed of by the Governors as they may deem
best in the interests of the college.

(2) They may invest the said endowment and permanent
funds and all moneys which shall or may come into their 30
hands for the purposes of the College, but subject always to
the limitations of any trust as to the same upon mortgages or
hypothecs of freehold or leasehold, real estate or other immove-
ables, the debentures, bonds, stocks or other securities of any
government or of any municipal corporation or school section 35
in Canada.

(3) They may lease any part of the said property not re-
quired for the business or accommodation of said college for
any period of time not exceeding forty-two years with clauses
for further renewals, and payments for buildings or improve- 40
ments, but this Act Fihail not be deemed to give any power to
alienate or lease any part of the property on wl ich the college

is now situated.

(4) They shall receive and invest, subject always to the
directions of the grant or bequest, all moneys granted or 45
bequeathed for the purposes of the college and may provide
for free tuition and maintenance in the said college of pupils
nominated by persons subscribing to the endowment fund of
the college and may also found masterships, exhibitions, scholar-

ships or prizes to be named as the donors may direct and the
governors may approve.

(5) They may from time to time authorize such permanent
improvements, alterations or additions to the buildings of the
5 college or the erection and equipment of such new buildings /

as may be necessary, and the purchase of land for the erection
of new buildings, and they may direct that the cost thereof be
paid out of the permanent fund of the college, but they shall
not impair the present endowment to an extent that would
10 interfere with the payment of such charges as may now exist
in respect thereof.

Provided always that the Governors may for the said pur-
poses borrow money to the extent of $25,000 upon the security
of subscriptions of money to or for the benefit of the College
15 which are made payable by the terms of the subscription at
some future date or by instalments — but nothing in this Act
contained shall be deemed to authorize the Governors to pledge
or encumber the permanent or income funds of the College.

11. The principal may make regulations for the direction Regulations
20 of the masters officers and servants in regard to their respec- ^^ pnnoipal.
tive duties and for the discipline and instruction of the pupils
of the college and for the conduct of the school or manao^e-
ment of the school buildings or grounds in such matters and
to such extent as he may deem expedient, subject to the ap-
25 proval of the Governors.

13. The mortgages or other instruments representing the Mortgages to
investments of the College shall be made to and taken in the ^""*''-
name of tne College.

13. All conveyances, grants, leases, discharges or assign- Execution of
30 ments of any lands, (cneinents or securities held by or for the ^°^*^'^"™®"*^-
College shall be made by the said Governors under their cor-
porate seal, which shall be attested by the signatures of the
Chairman of the said Board of Governors, or some nerson
thereto authorized by said board and of the Bursar.

«^g 14. The Governors may make regulations for the retire- Superannua-
ment and superannuation of any master, officer or servant of *°"'
the College, and any gratuity or superannuation allowance
paid under this Act may be paid out of a fund to be provided
for that purpose or out of the income fund as the Governors

^Q shall direct.

15. The Governors shall, when required by the Lieutenant- Returns to
Governor of the Province of Ontario in Council, make returns n!!"'*'"*"!'"

' Ijrovernor in

or its property, real and personal, and reports on the state of Council,
the college, with such details and information as the Lieuten-
45 ant-Governor in Council may from time to time require.

Present by-
laws con-
tinued.

Former Acts
repealed.

Proclamation
bringing Act
into force.

16. From and after the passing of this Act all existing
by-laws and regulations of the present Board of Trustees, or of
the Principal, or of the Upper Canada College Old Boys
Association, shall be continued so far as the same are not
inconsistent with this Act, but subject to be repealed, altered 5
or amended by virtue of this Act.

17. Upon the coming into operation of this Act, all former
Acts respecting Upper Canada College shall be repealed.

18. As soon as the sum of $50,000 has been subscribed to
the satisfaction of the Lieutenant-Governor in Council towards 10
the permanent fund of the college, provided such sum be so
subscribed before the first day of October, 1900, this Act shall
be brought into operation by proclamation of the Lieutenant-
Governor in Council fixing a day for the bringing into opera-
tion of such Act.

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No. 250] T)TT T [1900

BILL.

An Act to amend The Agriculture and Arts Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Section 11 of The Agriculture and Arts ^c^, be amended Rev. Stat.
5 by adding thereto the following as clauses "e" and "/' thereof ; amended ^'

(e) In addition to the Board of Directors hereinbefore pro- Difetrict aRri-
vided for, any District Argicultural Society may, at any annual "'='?i'^"'"8,i

,. 'p ./ , ^ , • 1 J.- J.T. <? 1 1 society may

meeting oi its members, or at any special meeting thereof duly add to board of
called for the purpose, in accordance with the provisions of <ii''ectors.
10 this Act, by resolution, add to their Board of Directors one
representative from each of the following bodies respectively,
or such of them as they shall see fit namely :

(1) Any Agricultural or Horticultural Society within, ad-

joining or adjacent to the district of such District
lg Agricultural Society.

(2) The Municipal Council of each municipality or part

thereof within, adjoining or adjacent to such
district.

(3) The Council of the County of Counties in which dis-
20 trict lies.

(4) Any Board of Trade within such district.

(5) Any Farmers Institute of a locality within, adjoining

or adjacent to such district.

(0) The Societies, Organizations and Associations mention-
25 ed in section 32 of this Act.

(0 Upon such resolution being passed as aforesaid, it shall Secretary to
be the duty of the Secretary of the District Agricultural notify appoin-
Society passing such resolution to notify each of the bodies
mentioned in clause "e" of this section from which a represen-
ts^ tative is to be appointed in accordance with such resolution,
and such representatives upon their appointment by their
respective bodies shall be and become members of the Board
of Directors of such District Agricultural Society for the term
then current for which the Board of Directors elected in accord-
anf^e with the other provisions of this Act are elected.

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No. 251.] BILL- ^^^^^'

An Act to amend The Judicature Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

I. Section 27 of The Judicature Act is amended by adding
5 thereto the following sub-section.

a. Wherever any incoporated or joint stock company of ^^ g^at.
any kind whatsoever, or any municipal corporation is author- c. 5i, 8. 27
ized or empowered by Statute or otherwise to enter into any *™^" ® "
agreements or contracts involving the performance by them of
10 duties and obligations extending over a period of time and

which may be varied and complex in their nature or in their ^''e"specific
discharge, any party to the contract or agreement with such performance
company or corporation may, on the said company or corpora- gJc^fbyTncor-
tion failing to observe and perform any of the covenants, agree- porated com-
15 ments, obligations and provisions contained in such contracts ^^^^fcipaf
or agreements or any Acts dealing with, ratifying or corporations,
extending the same, bring an action to compel the per-
formance or to restrain the violation of any of the said coven-
ants, obligations, agreements and provisions, and the court
20 before whom the action shall be tried shall, notwithstanding
any rule of law or practice to the contrary, enquire into such
alleged breach and determine the nature and extent thereof,
and in case it is found that the act or omission complained of
constitutes a breach of the said covenants, obligations, agree-
25 ments or provisions or any of them the court shall make an
order specifying what things shall be done or forborne by such
company or corporation as a substantial compliance with the
said contract, agreement or Act so that the full and proper per-
formance of the same may be specifically decreed and enforced
30 by order of the Court.

The said court may, after the making of an order of specific Enforcement
performance or injunction on the complaint of any party to "p^^^jg^yg/.
the action that the said order or judgment is not being carried formance.
out or observed, direct an inquiry by the sheriff or such other
35 court ofllcer or by any referee of the court, and either upon
the report of said sheriff, officer or refV-.ree or upon such evi-
dence as the court may deem proper, such judgment or order
may be enforced to the same exent as any injunction or
mandamus granted by a court.

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No. 252.] T) TT T [1900.

BILL.

An Act to amend The Municipal Water Works Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario
enacts as follows : —

1. Section 29 of The Municipal Water Works Act is amend- Rev. Stat.
5 ed by inserting the words " or to builders " after the word ^g^n^^ ^^'
" Municipality " in the 9th line thereof.

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No. 253.] BILL. ^^^^^•

An Act respecting Agreements between Solicitors
and their Clients.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows: —

1. A solicitor may make an agreement in writing with his Agreements
5 client respecting the amount and manner of payment for the t>e*ween

whole or any part of any past or future services, fees, charges, client for past
or disbursements in respect of business done or to be done by or future
such solicitor, whether as a solicitor or as an advocate or con-
veyancer, either by a gross sum, or by commission or percent-

10 age, or by salary or otherwise, and either at the same or at a
greater or at a less rate as or than the rate at which he would
otherwise be entitled to be remunerated, subject to the pro-
visions, and conditions in this Act contained : provided al-
ways, that when any such agreement shall be made in respect

15 of business done or to be done in a.nj action or suit, the amount
payable under the agreement shall not be received by the
solicitor until the agreement has been examined and allowed
by the senior taxing officer of the Supreme Court of Judicature
at Toronto ; and if it shall appear to such taxing officer that the

20 agreement is not fair and reasonable he may require the opinion
of a judge to be taken thereon by summary application in cham-
bers, and such judge shall have power either to reduce the
amount payable under the agreement or to order the agree-
ment to be cancelled, and the costs, fees, charges, and disburse-

25 ments in respect of the business done to be taxed in the same
manner as if no such agreement had been made.

2. Such an agreement shall not affect the amount of, or any Agreement
rights or remedies for the recovery of, any costs recoverable not to affect
from the client by any other person, or payable to the client or remedies.

30 by any other person, and any such other person may require
any costs, payable or recoverable by him to or from the client
to be taxed according to the rules for the time being in force
for the taxation of such costs, unless such person has otherwise
agreed : Provided always, that the client who has entered into

40 such agreement shall not be entitled to recover from any other
person under any order for the payment of any costs which
are the subject of such agreement more than the amount pay-
able by the client to his own solicitor under the same.

Agreement 3. Such an agreement shall bedeemed to exclude any further

any furthe" ^ claim of the solicitor beyond the terms of the agreement in re-
olaina of spect of any services, fees, charges, or disbursements in relation

80 icitor. J.Q ^jjg conduct and completion of the business in reference to

which the agreement is made, except such services, fees, charges, 5
or disbursements, if any, as are expressly excepted by the
agreement.

Provision as 4. A provision in any such agreement that the solicitor shall
to neg igence. ^^^ j^^ liable for negligence, or that he shall be relieved from

any responsibility to which he would otherwise be subject as 20

such solicitor, shall be wholly void.

Enforcing
agreement.

5. No action or suit shall be brought or instituted upon any
such agreement ; but every question respecting the validity or
effect of any such agreement may be examined and determined,
and the agreement may be enforced or set aside, without suit 15
or action, on summary application to a Judge in Chambers by
any person, or the representative of any person, a party to such
agreement, or being or alleged to be liable to pay, or being or
claiming to be entitled to be paid, the costs, fees, charges, or
disbursements in respect of which the agreement is made, or 20
by the court in which the business, or any part thereof, was
done or a judge thereof, or if the business was not done in any
court, then where the amount payable under the agreement
exceeds one hundred dollars by a judge of the High Court, and
where such amount does not exceed one hundred dollars, by 25
the Judge of a County Court which would have jurisdiction in
an action upon the agreement.

Enforcing
agreement.

Cancellation
of agreement.

Costs,

6. Upon any such application as aforesaid, if it shall ap-
pear to the court or judge that such agTeement is in all re-
spects fair and reasonable between the parties, the same may 30
be enforced by any such court or judge by order in such man-
ner and subject to such conditions, if any, as to the costs of
such motion or petition as such court or judge may think fit ;
but if the terras of such agreement shall not be deemed by
the court or judge to be fair and reasonable, the same may be 35
declared void, and the court or judge shall thereupon have
power to order such agreement to be given up to be cancelled,
and may direct the costs, fees, charges, and disbursements in-
curred or chargeable in respect of tlve matters included
therein to be taxed in the same manner and according to the 40
same rules as if such agreement had not been made ; and the
court or judge may also make such order as to the costs of and
relating to such motion or petition, and the proceedings
thereon, as to the said court or judge may seem fit.

Court may 7. When ihe amount agreed for under any such agreement 45

in spedaufr- ^^^ heen paid by or on behalf of the client or by any person
cumstances. chargeable with or entitled to pay the same, any court or
judge having jurisdiction to examine and enforce such an

agreement may, upon application by the person who has paid
such amount, within twelve months after the payment thereof,
if it appears to sach court or jud:^e that the special circum-
stances of the case require the agreement to be re-opened
5 re-open the same, and order the costs, fees, charges, and dis-
bursements to be taxed, and the whole or any portion of the
amount received by the solicitor to be repaid by him, on such
terms and conditions as to the court or judge may seem just.

8. Where any such agreement is made by the client in the Agreements

10 capacity of guardian, or of trustee under a deed or will, or of t/uf^eTs^'etc!'
committee of any person or persons whose estate or property
will be chargeable with the amount payable under such agree-
ment, or with any part of such amount, the agreement shall
before payment be laid before the senior taxing officer of the

15 Supreme Court of Judicature at Toronto, and such officer shall
examine the same, and may disallow any part thereof, or may
require the direction of a j udge to be taken thereon by summary
application in Chambers; and if in any such case the client pays
the whole or any part of the amount payable under the agree-

20 ment without the previous allowance of such officer or judge as
aforesaid, he shall be liable at any time to account to the person
whose estate or property is charged with the amount paid, or
with any part thereof, for the amount so charged ; and if in
any such case the solicitor accepts payment without such allow-

25 ance, any Court which would have had jurisdiction to enforce
the agreement may, if it think fit, order him to refund the
amount so received by him under the agreement.

9 Nothing in this Act contained shall be construed to give Solicitor
validity to any purchase by a solicitor of the interest or any P"'^°^g?\°^

30 part of the interest, of his client in any suit, action or other suit,
contentious proceeding to be brought or maintained. But this
provision shall not invalidate any agreement by which a soli-
citor retained or employed to prosecute any suit or action,
stipulates for payment only in the event of success in any such

35 suit,action or proceeding,or by which the amount of his remun-
eration is made to depend upon the amount recovered therein.

10. Nothing in this Act contained shall give validity to Act not to
any disposition, contract, settlement, conveyance, delivery, asli^gn^ents
dealing or transfer, which may be void or invalid, against void as against

40 creditors or an asignee for the benefit of creditors under the creditors,
provisions of The Act Respecting Assignments and Preferences f^^^^^^^'
by Insolvent Persons.

11. Where a solicitor has made an agreement with his Setting aside
client in pursuance of the provisions of this Act, and anything cfge^^death.

45 has been done by such solicitor under the agreement, and
before the agreement has been completely performed by him
such solicitor dies or bceomes incapable to act, an application
may be made to a Judge in Chambers of the High Court or of

any court which would have jurisdiction to examine and
enforce the aojreement by any party thereto, or by the repre-
sentatives of any such party, and such judge shall thereupon
have the same power to enforce or set aside such agreement,
so far as the same may have been acted upon as if such death 5
or incapacity had not happened; and such judge, if he shall
deem the agreement to be in all respects fair and reasonable,
may order the amount due in respect of the past performance
of the agreement to be ascertained by taxation, and the taxing
officer in ascertainin'g such amount shall have regard so far as 10
may be to the terms of the agreement, and payment of the
amount found to be due may be enforced in the same manner
as if the agreement had been completely performed by the
solicitor.

Change of 13. If, after any such agreement as aforesaid shall have 15

solicitor. been made, the client shall change his solicitor before the con-

clusion of the business to which such agreement shall relate
(which he shall be at liberty to do notwithstanding such agree-
ment), the solicitor, party to such agreement, shall be deemed
to have become incapable to act under the same within the 20
meaning of section 11 of this Act; and upon any order
being made for taxation of the amount due to such solicitor in
respect of the past performance of such agreement, the court
shall direct the taxing master to have regard to the circum-
stances under which such change of solicitor has taken place ; 25
and, upon such taxation, the solicitor shall not be deemed
entitled to the full amount of the remuneration agreed to be
paid to him unless it shall appear that there has been no default,
negligence, improper delay or other conduct on his part afford-
ing reasonable ground to the client for such change of solicitor. 30

Solicitor's bill 13. Except as in this Act provided, the bill of a solicitor for
of costs. ^\^Q amount due under an agreement made in pursuance of the

provisions of this Act shall not be subject to any taxation, nor
Rev. Stat. to the provisions of The Act respecting Solicitors respecting
c. 174. the signing and delivery of the bill of a solicitor. 35

Security for 14. A solicitor may talie security from his client for his
costs. future fees, charges and disbursements, to be ascertained by

taxation or otherwise.

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«°-^^*-i BILL. ["'••'•

An Aet to regulate the sale of Patent or Proprietary
Medicines or Cures.

WHEREAS it is necessary and expedient to protect the Preamble,
public against the fraudulent or improper advertise-
ment of drugs, medicines or cures and against the sale of such
of the same as contain hurtful ingredients and to license the
5 advertisement or sale of patent or proprietary medicines and
for that purpose to appoint an inspector of the same and to
provide for the payment of a license tax in respect of such
licenses ;

Therefore Her Majesty, by and with the advice and consent
10 of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

1. Where the following words appear in this Act they shall Interpreta-
be construed in the manner hereinafter mentioned, unless a *^'°°'
contaary intention appears :

15 (1) "Medicine" shall include all substances intended to be "Medicine."
administered internally or applied externally to the human
body with a view to the prevention, cure or alleviation of any
disorder in its functions.

(2) " Advertise " and " Advertisement " shall include all " Advertise"
20 things or proceedings intended to attract the attention of the ™®°*^*

public to any medicine.

(3) "Registrar" shall mean the registrar of proprietary "Registrar."
medicines appointed under this Act for the purpose of carrying

into effect its provisions.

25 (4) "License" shall mean a license granted under this Act "License."
and " Licensee " shall mean any holder of such a license.

2. There shall be an officer appointed by the Lieutenant- " Appoint-
Governor, to be known as the Registrar of Proprietary Medi- "^jaJar^
cines, who shall be attached to the office of the Provincial

30 Secretary. Such officer shall be a member of the Ontario
College of Pharmacy and a regularly qualified pharmaceutical
chemist of at least seven years' standing.

3. The duties of the Registrar shall be : Duties of

35 (1) To receive all applications for licenses.

registrar.

(2) In pursuance of the provisions of this Act to grant or
renew, or to refuse to grant or renew, licenses or to suspend or
cancel licenses.

(3) To make and keep a correct register of such licenses and
of the dates of their grant, expiry, renewal, suspension or can- 5
cellation and from time to time to cause to be published the
information required to be published by this Act.

(4) To keep on file in his office the documents there filed
under this Act.

(5) To receive all money payable under this Act. lO

(6) To enforce all the provisions of this Act and to collect
by due process of law all the penalties incurred under this
Act.

4. For the purpose of his duties under this Act the Regis-
trar may require to be made, and may take and receive, affida- 15
vits and depositions, and may examine witnesses upon oath ;
and the Registrar shall have the same power to summon
persons to attend as witnesses, to enforce their attendance and
to compel them to produce books and documents and to give
evidence, as any court has in civil cases. 20

L'censes to be 5. Every application for a license shall be filed with the
filed with Registrar and shall be accompanied by a statement of the
formula or prescription of the medicine, duly verified by affida-
vit or statutory declaration of the applicant.

Powers of
registrar.

registrar.

Kenewal of
licenses.

License tax.

6. All licenses must be renewed yearly and the application 25
for the renewal of a license must be filed with the Registrar at
least one month before the expiry of the previous year's license
and must be accompanied by an affidavit or statutory declara-
tion similar to that required in the case of an original appli-
cation. 30

7. There shall be payable by the applicant upon each appli-
cation for a grant, or for the renewal of a license, a license tax
of $1,000. This sum shall be deposited with the Registrar
upon the filing of an application and shall be returned to the
applicant in the event of the refusal of his application. 35

License, when 8. No license shall be granted if the medicine is such that

not to be j^ may be harmful or noxious in the hands of a person iofnor-
granted. , £ -l -l- r fa

ant 01 its composition.

License when
cancelled.

9. If a license be procured by means of any false or fraudu-
lent representation, either verbal or in writing, the Registrar 40
shall on discovery of the said fact forthwith cancel the license

Provisions as IQ No person shall advertise or sell or offer for sale any
medicines. medicine unless the manufacturer or proprietor of the same is
a licensee.

11. No person [shall advertise any medicine, in respect of Provisionb as
which a license has been granted, by any advertisement, — raedidnesf*"^

(1) Which consists in whole or in part of any surgical
picture or representation ;

5 (2) Which is of a nature to suggest the means of committ-
ing any crime ;

(3) Which is offensive in its language or suggestion.

(4) Which is calculated to hold out false hopes of the pre-
vention, alleviation or cure of anv disorder of the functions of

10 the body;

(5) Which is, having regard to the formula or prescription
filed, fraudulent or misleading in its statement of the curative
properties of the medicine.

13. Where an advertisement is published in a foreign Advertising
15 country and copies of such publication are circulated in On- country®'^"
tario, both the person circulating such copies and the person
responsible for the publication in the foreign country shall be
deemed to advertise in Ontario so as to fall within the terms
of sections 11 and 12 hereof.

20 14. Where a licensee by himself or his agent or agents Offences
offends against the provisions of section 11 or of section 12 f'?**°j^^^*^j2
hereof, the registrar shall upon the first offence notify the
licensee and suspend his license until the offence has ceased,
and shall upon a second offence, or upon the continuation of

25 the first offence for one month after notice as aforesaid, cancel
his license.

15. No action shall be brought against the Registrar for Provision as
anything done bona fide under this Act ; but any person *°^Q*gt^ j^
whose application for the grant or renewal of a license has trar and

30 been refused, or whose license has been suspended or can- appeal,
celled, may appeal from the decision of the Registrar to a judge
of the High Court of Justice of Ontario at any time within
six months from the date of such refusal, suspension or can-
cellation ; and the court may upon the hearing of the appeal

35 make such order for the grant or renewal of such license, or
for the removal of such suspension or cancellation, or confirm-
ing such refusal, suspension or cancellation, or for further in-
quiry by the Registrar into the facts of the case and as to costs
as to the court shall seem right in the premises.

40 16. The appeal may be by motion, notice of which shall be Procedure,
served upon the Registrar, and shall be founded upon a copy of
the proceedings before the Registrar, certified by the Registrar ;
and the Registrar shall upon request of any person desiring to
appeal, and upon payment of the sum of five cents per folio,

45 furnish to any such person a certified copy of all the proceed-
ings, reports, orders and papers upon which the Registrar has
acted in making the order complained of.

Publication of
license list in
Ontario
Gazette.

17. A list of licensees, with the names of the medicines in
respect of which the licenses are issued, shall be published
once m every three months in the Ontario Gazette, and in one
daily newspaper of the City of Toronto, and in one weekly news-
paper in each county and district town in the Province; and the
production of any such paper containing such list purporting
to be issued by the authority of the Registrar shall be prima
facia evidence in any Court or before any Magistrate of the
existence at the date of publication of the licenses therein set
forth.

Penalty for 1 8. If any person wilfully procures or attempts to procure

r^^dufent himself to be licensed under this Act by making any false or
representation fraudulent representation or declaration, either verbal or in
or declaration, writing, he shall on conviction thereof before any justice of

the peace, incur a penalty of not less than $100 nor more 15
than $500 ; and every person knowingly aiding and assist-
ing him therein shall for such offence on conviction thereof
incur a penalty of not less than $20 nor more than $100.

Penalty for 19. Any person who shall, contrary to the provisions of

Belifng witli-"'^ ^^^^ ■^^^' advertise or sell or offer for sale any medicine, the 20
out a license, manufacturer or proprietor of which is not a licensee, shall on
conviction thereof before any justice of the peace incur a
penalty for the first offence of not less than $50 nor more
than $100; for the second offence of not less than $100
nor more than $500 ; and for any subsequent offence, of not 25
less than $200 nor more than $1,000.

br^e°ches*of ^^ "^"^^ person who shall, contrary to the provisions of

sections 11 scction 11, or of section 12 hereof, improperly advertise a
and 12. medicine shall on conviction thereof before any justice of the

peace, incur, in additian to any other penalty in this Act pro- 30
vided, a penalty for the first offence of nut less than $20
nor more than $50 ; for the second offence of not less than
$50 nor more than $200 ; and for any subsequent offence,
' of not less than. $100 nor more than

Act not tc 31. None of the provisions of this Act shall apply to the 35

tamadverti^se- advertisement or sale of herbs as gathered, or of uncompounded
ments or sales, extracts not advertised as medicines, or of any medicine des-
cribed as such in the British Pharmacopaeia, or of any mechani-
cal device to be used in aid of the crippled or sick, nor to the
sale of any medicine upon the prescription of a duly registered 40
medical practitioner.

County Crown ^^- It shall be the duty of every County Crown Attorney
Attorney or and District Crown Attorney to aid in the enforcement of the
Crown Attor- provisions of this Act, and for that purpose to act under the
neytoaidin instructions of the Registrar ; and the fees due for their ser-
v?sions of Act! viccs in that regard shall be paid by the Registrar.

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No. 255.] l-iTT T ^^^^^'

An Act to amend The Ontario Shops Regulation Act.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. The Ontario Shops Regulation Act is hereby amended
5 by adding thereto the following section :

20a. (1) Every person contracting for the manufacture of Register of
coats, vests, trousers, overalls, cloaks, caps, drawers, blouses, address*" to
waists, waist bands, underwear, neckwear, shirts, or any parts whom work or
thereof, or any other garment or article of clothing, or giving ^ven"to^be

10 out for improvement, manufacture or alteration, incomplete kept,
material from which the said articles, or any of them, are to
be made, or to be wholly or partially altered or improved, shall
keep a written register of the names and addresses, serially
numbered, of all persons to whom such work or material is

15 given to be made, altered or improved, or with whom he may
have contracted to do the same ; and such register shall at all
times be kept prominently posted up in the office of the person
so giving out such articles for manufacture, alteration or
improvement.

20 (2) Every article so made, altered, or improved, as afore- Articles
said, shall bear upon a label attached thereto the register num- to'ha^ve la*bei
ber, or the name and address of the person to whom the same attached,
was given for manufacture, alteration, or improvement, and
any false statement upon such label shall render the person

25 making the same liable to the penalties provided by this Act
for making a false entry in any register, notice, certificate, or
document.

(3) No person shall knowingly sell or expose for sale any of Permission to
the articles mentioned in this section and made in any dwel- ?^^^ by the

30 ling house, tenement house, or building forming part of or in '"^ ^
the rear of a tenement or dwelling house, without a permit
from the inspector, stating that the place of manufacture is
thoroughly clean and otherwise in a good sanitary condition.
Such permit shall state the maximum number of persons al-

35 lowed to be employed upon the said premises and shall not be
granted until an inspection of the premises is made by the
inspector. The permit may be revoked by the inspector at any
time if, in his opinion, the protection of the health of the com-
munity, or of those so employed upon the said premises,

40 renders such revocation desirable.

Articles in (4) When any article mentioned in this section is found by

unhealthy ^^^ Inspector to be made under unclean or unhealthy condi-
condition to be tions, or upon any unregistered premises, he shall seize and im-
impounded. pound the same and affix thereto a label bearing the words
" unsanitary " printed on a tag not less than four inches in 5
length ; and shall immediately notify the local Board of Health,
whose duty it shall be to disinfect the said article, and there-
upon remove such label. The owner of any such article shall
after it has been disinfected be entitled to have the same re-
turned to him upon first paying the costs of such seizure and 10
disinfection.

Inspector to (5) If the Inspector finds evidence of unclean or unhealthy

report unclean conditions, or infectious or contagious disease present in any

conditions to workshop, or in any tenement or dwelling where any of the

Local Board articles hereinbefore mentioned is made, altered or improved, 15
of Health. . , (? j. j • £ l- l

or in any goods manuiactured or in process or manutacture on

such premises, he shall forthwith report the same to the local
Board of Health, and the said local Board of Health shall forth-
with issue such order as the public health may require, or may
condemn and destroy all such infectious and contagious 20
articles, or any articles made, altered or improved, or in process
of manufacture under unclean or unsanitary conditions as
aforesaid.

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No. 256.] TiTT T '-^^^^'

An Act respecting The Bureau cf Labour.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

5 1. There shall be attached to the Department of the Com- Bureau of
missioner of Public Works a bureau, to be styled "The Bureau i^t^,"'" ^^**^'

£ T u " " iisnea

01 Labour ;

2. The Lieutenant-Governor may appoint a Secretary of Secretary and
the said Bureau, and may also appoint such other officers as ^^^^' officeis.

10 may be necessary for the proper conduct of the Bureau.

3. It shall be the object of the Bureau to collect, assort and information,
systematise and publish information and statistics relating to a" to^employ-
employment, wages and hours of labour throughout the Pro- ment, wages,
vince, — cooperation, strikes, or other labour difficulties, trades coiiec'ted^^

15 unions, labour organizations, the relations between labour and
capital, and other subjects of interest to workingmen, with
such information relating to the commercial, industrial and
sanitary condition of workingmen, and the permanent pros-
perity of the industries of the Province, as the Bureau may

20 be able to gather.

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No. 257.] "DTT T [19^^

BILL

An Act respecting the enforcement of certain contracts
entered into with Municipal Corporations.

HEE MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario
enacts as follows : —

1. Where duties, obligations, or liabilities are to have been Right of
5 heretofore imposed by statute upon any person, company or cor- municipal cor-
poration in favour of a municipal corporation, or the inhabi- poration to
tants, or a portion of the inhabitants thereof, or where con- menrwith"^^^"
tracts or agreements are or have heretofore been created, en- company, etc.
acted or validated by statute which impose such duties, obliga-

10 tions or liabilities, every such municipal corporation shall ha/e
the right by action to enforce such duties, obligations and
liabilities either in favour of the corporation, or of the said
inhabitants, and to obtain as complete and full relief, and to
enforce the same remedies as could have been maintained,

15 obtained and enforced therein by the Attorney-General had he
been a party to the said action as plaintiff, or as plaintiff at
the relation of any person or corporation interested.

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No. 258.] ^^T/- ^^^^^•

An Act to further amend the Statute Law.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. Subsection 6 of section 39 of The Judicature Act is amend- Rev. Stat.
5 ed by adding thereto the following words " the date of the grant amended^'
of the letters probate or the letters of administration shall be
endorsed upon the copy of the order filed with the Surrogate
clerk."

3. Section 136 of The Judicature Act is amended by striking Rev. Stat.
10 out the words " shall within one month next after their aiifend^ed^^^'

appointment " in the third and fourth lines thereof, and by
substituting therefor the words " when required by the
Lieutenant-Governor in Council."

3. — (1) Section 2 of The Act respecting Estreats is hereby Rev. Stat.
15 amended by striking out the word " one " where the same aJe^nded^'
occurs in the seventh line of the said section and substituting Renewal of
the word " three " therefor ; and by adding to the said section writs,
the following words " unless renewed in the manner provided
in the case of other writs of execution."

20 (2) The said section is further amended by adding thereto
the following subsections : —

(2) In any case in which a recognizance has been or shall
hereafter be estreated, and has not been discharged or satisfied,
the court or a judge shall have power at any time to order the

25 issue of a new or alias writ of execution and capias, notwith-
standing the fact that more than one year may have elapsed
since the issue of the original writ.

(3) The provisions of this section shall so far as applicable,
mutatis mutandis, apply to recognizances estreated and writs

30 issued at any court of general sessions.

4. Subsection 3 of section 74 of The Ontario Insurance Act Rev. Stat,
is amended by inserting in the second line of the said sub- gut, g'. 3, '
section after the word ' Registrar " these words, " or any amended.
oflBcial instrument or document issued by virtue of this Act,

35 if ".

Rev. Stat. c. 5. — (1) Subsection 3 of section 85 of Ihe Ontario Insur-

T% amended '^'^^^ ^^^ ^^ amended by inserting in the ninth line of the said

subsection the word " to " between the words " deemed " and

offer."

Rev. Stat. c. 6. Subsection 3 of section 90 of The Ontario Insurance 5
s. 3 amended! -^^^ ^^ amended by striking out the word "companies " in the

first line of the said subsection and by substituting therefor

the word " corporations."

R«v. Stat. c. 7 The proviso in subsection 2 of section 129 of The
sub. s. 2, ' Orttario Insurance Act is repealed and the following substi- 10
amended. tuted therefor :

" Provided, that non-payment of any of the fixed payments
subsequent to the first shall forfeit the insurance if such fixed
payment shall remain unpaid after thirty days' notice of the
fixed payment due, or to become due, has been mailed to the 15
person by whom the fixed payment is payable, directed to his
post office address as given in his original application, or
otherwise, in writing to the company.

Rev. Stat. (
203, 8. 149,
amended.

Rev. Stat. c.
203, s. 159,
sub. 8. 6,
amended.

Rev,

, Stat.

203,

8. 183,

sub.

8.9,

amended.

Rev,

, Stat.

203,

8. 189,

sub.

s. 3,

amended.

Rev

. Stat.

203,

8. 194,

sub.

8.2,

amended.

8. Section 149 of The Ontario Insurance Act is amended
by adding thereto the following subsection : 20

"(6) This section shall apply not only to any future appli-
cation for, or contract of, insurance, but also to any applica-
tion heretofore taken and to any contract heretofore made."

9. Subsection 6 of section 159 of The Ontario Insurance
Act is amended by striking out the words " this Act had not 25
been passed," in the sixth and seventh lines of the said sub-
section, and by substituting therefor the words, " as in the
case of a beneficiary not belonging to the preferred class."
Provided that nothing in this section contained shall aflfect
any aclion now pending. 30

10. Subsection 9 of section 183 of The Ontario Insurance
Act is amended by inserting in the ninth line, between the
words '' the " and " master," the words : " Court, Judge, or."

11. Subsection 3 of section 189 of The Ontario Insurance
Act is amended by striking out, in the twenty-first line of the 36
said subsection, the words : " to a Judge of the High Court."

13. Subsection 2 of section 194 of The Ontario Insurance
Act is amended by inserting, in the sixth line of the said sub-
section after bill of costs, the words : "in any action, appeal,
proceeding or matter ; " and the said subsection is further 40
amended by adding at the end thereof the words : " and the
taxation of the account or bill of costs shall not be proceeded
with until proof has been given to the taxing officer that
the provisions of this subsection have been complied with."

13. Subsection 3 of section 195 of The Ontario Insurance Re^- S*at. c.
Act is amended by inserting, in the fourth line, after the words gub. s. 3, '

" Supreme Court," the words : " of Judicature for Ontario." amended.

14. Section 398 of The Municipal Act is amended by insert- l^e^- Stat. c.
5 ing therein the word '• township " immediately after the word amended.

" town " in the second line of the said section.

15. Section 481 of The Municipal Act is amended by insert- ^^^- S*^|- °-
ing therein, after the words " police magistrate" in the sixth line amended,
of the said section, the words : " in case of the absence from

10 the province of the police magistrate, the deputy police magis-
trate, if any, shall be a member of the board for the time
being."

16. — (1) Where a highway forms the boundary line between Maintenance
municipalities situate in any of the Districts of Muskoka, line in the
15 Parry Sound, Nipissing, Algoma, Manitoulin, Thunder Bay districts,
and Rainy River it shall be maintained by the respective
townships bordering on the same, and all bridges upon such
highway shall be maintained in like manner.

(2) The councils of the respective municipalities adjoining Councils may
20 such highway may enter into an agreement for the mainten- ments for^^
ance and repair of such highway and bridges whereby each of maintenance,
such municipalities may undertake for a term of years, not to ^ayg and
exceed ten years, to maintain and keep in repair any portion bridges,
of such road for its whole width.

25 (3) In case no agreement has been entered into under the Where no
preceding subsection, or in case the term fixed by such agree- etc.!^toTe'
ment for the duration thereof has expired, the portion of such determined by
highways to be maintained for its whole width by each of the ^^ * '* ^°°'
municipalities between which highway forms the boundary

30 line may be determined by arbitration under the provisions of
The Municipal Act with respect to arbitrations at the instance
of either of the municipalities adjoining such highway ; every
agreement or award made under the provisions of this section
shall, within one month after the passing or making thereof. Agreements

35 be registered in the Registry Office of the District in which ^e re^i^tered*"
such municipalities are situated, and after the registration of
such agreement or award the municipal corporations named
therein shall each have sole jurisdiction over that portion of
the highway which it has undertaken or has been directed to

40 maintain and keep in repair, and shall be liable for all dam-
ages incurred by reason of neglect to maintain and keep the
same in repair in the same manner and to the same extent as
in the case of any highway lying wholly within and under the
jurisdiction of such municipality.

45 (4) In case no agreement is entered into, and no award is ^ble7or^^^*^'^^
made under the provisions of this section, the municipalities damages when
between which such highway forms a boundary shall be °" aRreemeot

or SiW&rCi

jointly and severally liable for all damages incurred by reason
of neglect to maintain and keep the same in repair.

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No. 259.] T)TT T [1^^^-

BILL.

The Assessment Amendment Act, 1900.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. — (1) Sub-section 4 of section 7 of The Assessment Act is ^224^*^*7'
5 hereby amended by inserting in the first line after the words 4 amended.
■* " attached to " the words "or otherwise bona fide used in con- Exemption of
nection with and for the purposes of." colleges, etc.

(2) Subsection 4, clause a, of section 7 of the said Act is
hereby amended by inserting in the first line after the words
10 " attached to " the words " or otherwise bona fide used in con-
nection with and for the purposes of."

2. Section 7 of the said Act is hereby amended by adding Rev. Stat,
after sub-section 10 thereof the following sub-section : amended.^

(10a) The property of any incorporated society operating chn™r^n°g° °^
15 in Ontario under chapter 262 of the Revised Statutes of On- Immigrant
tario, An Act to Regulate the Immigration into Ontario of ^^^ ^°'^^^*'^^^'
Certain Classes of Children, or of any children's aid society Exemption of
incorporated under The Children's Protection Act of Ontario, Swiette"^ "^'^^
being only property used exclusively for the purposes of
20 and in connection with such society.

3. Sub-section 1 of section 46 of the said Act is hereby Rev. Stat., c.
amended by inserting in the third line after the word ^ amended.^
" administrator " the words " and which if in the possession of Personal
the beneficiary or beneficiaries would be liable to taxation," property in

25 and inserting after the word " person " in the third line the tees,
words " trustee, guardian, executor or administrator."

4. Sub-section 2 of section 46 of the said Act is hereby ^4^"a^46*';^'
amended by inserting in the 8th line after the word "character" 2 amended,
the words " subject to the provisions of subsection 1 of this Assessment of

30 section." *'^'^«'«««' «*^-

5. Subsection 2 of section 62 of the said Act is amended Rev. Stat. c.
by striking out the words "at the rate of not more than $500" 8ubs.\ '
in the second and third lines thereof, and by inserting in lieu amended,
thereof the following words, " such sum " ; and by inserting nf^members"^"

35 after the word " services " in the third line the following Court of
words : " as the council may by by-law or resolution provide." ^^•'"<"^'

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No. 260.] "RTT T '-^^^^

The Municipal Amendment Act, 1?00,

HER MAJESTY, by and with the advice and consent of
the Le(];islative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 27 of The Municipil Act is hereby amended by Kev. Stat.
5 adding after the word " town " in the first line of said section ^- ^^^U^j^^'

the following words, " containing by the last municipal census
at Ipast five thousand inhabitants.

2. Subsection 2 of the said section 27 of the said Act is Rev. stxt.
hereby amended by adding at the end of said section the t'ol- l'y^^g\^' ^^'

10 lowing words : " Provided that no such town shall in any case amended,
be allowed the value of any interest it may have in any Proviso,
county property unless the council of the county in which the
said town is situated ratifies and confirms the by-law of such
town withdrawing from the county, such ratification and con-

15 firmation to be made by by-law of the council of such county."

3. Section 68 of the said Act is amended by adding thereto Eev. Stat,
the following : ' " c. 223,8.68,

Or the said board may with the consent of the councils of
the county and separated town form the separated town about

20 to be reunited into a division of the county council in addi- Forming town
tion to the present divisions, to be represented in proportion c°unw*intoa
to population, one member being added for such town when swparato
the population thereof is less than any of the county council dwCion ''"""^
divisions, and two members being added for such town when

25 the population is equal to that of any of the existing county
council divisions. This arrangement shall continue only until
a redistribution of the county council divisions shall take
place by reason of increase of population or otherwise.

4. Section 71a of the said Act is amended by inserting ^^„^- ^'**;
30 therein after subsection 4 the following subsections : — amended. ^

(4a) In any city having a population of more than 1 5,000, cities of more
the council may by by-law provide that the aldermen shall be than 15,000
elected by a general vote of the municipal electors,- and either by*general° ^
by general vote or in two electoral divisions where the popu- vote, or where
35 lation exceeds 40,000, one half the number to be elected by generlS'vote^^
each division ; but such by-law shall not come into force unless in two elec-
and until it has been first submitted to a vote of the electors iTJli^J'

according to the provisions of this Act with regard to by-laws
requiring the assent of the electors. For the purposes of this
section the population of any city shall be determined by the
then last census of the Dominion of Canada. The persons en-
titled to vote upon such by-law shall be those who are entitled 5
to vote at municipal elections, and if the submission of such
by-law be desired by petition of at least 400 of such electors,
it shall be submitted at the then next annual municipal elec-
tion. If such by-law be carried by the votes of a majority of
the municipal electors voting thereon, it shall come into effect 10
at the next annual municipal election. Such by-law may be
repealed by a by-law to be submitted to the electors at any
annual municipal election held not later than five years after
the passing of such first mentioned by-law, the repealing by-
law to be submitted to the vote of the municipal electors if 15
petitioned for by at least 400 of such electors.

Where already (4^) Where, by a vote of the electors taken at a municipal

in a year election in any city within a year last past, it has been declared

hy law may that the election of the members of the council should th'ere-

e passe . after be by general vote of the electors and not by wards, a 20

by-law bringing the Act into force may be passed by the

council of the municipality before the first day of July next,

without submitting the same to a vote of the municipal

electors.

Candidates to 5. Section 129 of the said Act is amended by adding the 25
file deciar- following subsection.

ation or »

on^day^f*'" (3a) In cities, towns and incorporated villages every candi-
nominationor date shall on the day of the nomination or on the following
foi owing ay. ^^^^ ^^ when such last named day is a holiday, then before

five o'clock in the afternoon of the succeeding day file in the 30
office of the clerk of the municipality a statutory declaration
in accordance with the form contained in section 311 of this
Act or to the like effect, that he possesses the necessary quali-
fication for the otiice, and in default of his so doing such can-
didate shall be deemed to have resigned, and his name shall 35
be removed from the list of candidates and shall not be printed
on the ballot papers.

Votes in each 6. Section 158 of the said Act, as enacted by section 13 ot
ward. /jrVig Municipal Amendment Act, 1899, is amended by insert-

ing after the word " wards " in the second line thereof the 40
words " or in two divisions or by a general vote."

Four 7. Subsection (1) of section 276 of The Municipal Act is

controUers. amended by substituting the word "four " for the word "three"

where it first occurs in the third line thereof and also in the

fourth line, and subsection (2) of the said section 276 is 45

amended by striking out the word " three " in the first line

Ab(^itionof and inserting the word " four" in lieu thereof. Subsection (3)

mayor. of the said section 276 is amended by striking out the words

" in the event of a tie at the board the Mayor shall have a
second or casting^ vote " in the third and fourth linos thereof.

8. The said Act is amended by inserting therein the follow-
ing section :

6 366 (a) (1). — To render valid a by-law of the municipality Rev. Stat.
for granting a bonus in aid of any manufacturing industry, amended,
the assent shall be necessary of two-thirds of all the ratepayers • -f t
who were entitled to vote on the by-law, unless the number of validity of
-ratepayers voting against such bj^^-law does not exceed one-fifth bonusby-laws.

10 of the total number entitled to vote, when the assent of three-
fifths only of all the ratepayers shall be necessary, and in
addition to the certificate required by section 364 of this Act
the clerk, in case of a majority of the votes being in favor of
the by-law, shall further certify whether or not, as far as shown

15 by the voters' list and assessment roll, such majority appears
to be two thirds of all the ratepayers who are entitled to vote
on the by-law, and if such majority appears to be less than
two thirds of such ratepayers the clerk shall further certify
whether or not such majority appears to be three-fifths of all

20 such ratepayers and whether or not the number voting against
such by-law appears to be more than one-fifth of the rate-
payers so entitled to vote.

(2) In case of a dispute as to the result of the vote, the
judge shall have the same powers for determining the question

25 as he has in any case of a scrutiny of the votes.

(3) The petition to the judge may be by an elector or by
the council, and the proceedings for obtaining the judge's
decision shall be the same as nearly as may be as in the case
of a scrutiny.

9. The said Act is further amended by adding at the end nev, Stat.

of section 591 the following :— c- 223 «• 591,

'^ amended.

By the councils of counties, townships, cities, towns and in-
corporated villages.

12. For granting aid by way of bonus for the promotion By-lawsgrant-
^^ of manufactures within the limits of the raanicipality toi°&ai<ito
such person or body corporate and in respect of such branch of f^cturers.
industry as the municipal council may determine upon ; and
to pay any sum of money granted by way of gift or loan
either in one sum or in annual or other periodical payments
'*^ with or without interest and subject to such terms, conditions
and restrictions as the said municipality may deem expedient.

(a) No such by-law shall be passed until the assent of Assent of
the electors has been obtained in conformity with electors,
the provisions of this Act in respect of by-laws
for granting bonuses to manufacturing industries.

(h) No property owner or lessee interested in or holding shareholders
any stock in any company shall be qualified to not to vote.

Security for
fulfilment of
terms of
bonus.

Industry not
to be aided
where one of
like nature
established
without
bonus

Not to secure
removal of in-
dustry from
another place
in Ontario.
Aid so given
not to exceed
10 per cent, of
total tax rate.

Bonus defined.

vote on a by-law for the purpose of granting a bonus
to the company in which he is so interested as
aforesaid.

receive security for the compliance with the terms
and conditions upon which such aid is given. 5

(d) No by-law shall be passed granting a bonus to or

for a manufacturer under this section who proposes
establishing an industry of a similar nature to one
already established in such municipality unless the
owner or owners of such established industry or 10
industries shall first have given their consent in
writing to the granting of such bonus, loan or
guarantee.

(e) No by-law shall be passed by a municipality for

granting a bonus to secure the removal of an indus- 15
try already established elsewhere in the Province.

(f) No such by-law shall be passed for granting a

bonus by gift or loan or guarantee of money to
any manufacturing industry where the granting of
such bonus would for its payment, together with 20
the payment of similar bonuses already granted by
said municipality require an annual levy for prin-
cipal and interest exceeding 10 per cent, of the
total annual municipal taxation thereof, but if
such bonus is by way of loan or guarantee of 25
money then any amount to be repaid annually by
any person or company so aided shall be taken into
account and shall for the purposes of this para-
graph be deducted from the amount required to be
levied annually. Nothing herein contained shall 30
relieve the municipal council from liability for
neglecting to levy annually the special rate
required to repay any debt contracted by the
municipality.

10. The word " bonus" where it occurs in section 366a or 35
subsection 12 of section 591 of The Municipal Act as amended
by this Act shall mean and include: —

{a) A grant of money as a gift or a loan, either uncon-
ditionally or conditionally.

(6) The guaranteeing of the repayment of money loaned, 40
and interest.

(c) The gift of lands owned by the municipality or the
purchase of lands as a site for building and works
or as a means of access or for any other purpose
connected with the manufacturing industry to be 45
aided or the leasing of lands either freely or at a
nominal rental for any such purpose.

{d) The closing up or opening, widening, paving or im-
proving of any street, alley, lane, square or other

public place or the undertaking of any other public
work or improvement which involves the expendi-
ture of money by the corporation for the particular
use or benefit of a manufacturing industry.

5 (e) The supplying of water, light or power by the muni-

cipal corporation either freely or at rates less than
those charged to other persons and corporations in
the municipality.

(/) Generally the doing, undertaking or suffering on the

10 part of a municipal corporation of any act, matter or

thing which involves or may thereafter involve the

expenditure of money by a municipal corporation.

(g) A total or partial exemption from municipal taxa-
tion or the fixing of the assessment of any property

15 for a term of years, but nothing in this Act con-

tained shall be deemed to authorize any exemption
for a longer period than ten years and a renewal
of such exemption for a further period not exceed-
ing ten years or any exemption, either partial or

20 total, from taxation for school purposes, or any by-

law or agreement which directly or indirectly has
or may have the effect of such an exemption.

11. Section 411 of The Municipal Act as amended by «ec- Rev. Stat.
tion 25 of The Municipal Amendment Act, 1899, is repealed c- 223, s. 4il,

25 13. Section 375 of the said Act is amended by striking out Rev. Stat,
the words " the publication shall for the purposes aforesaid be '^'^^h^^^
continued " and substituting therefor the words " the said copy
and notice shall for the purpose aforesaid be inserted."

13. Subsection 4 of section 384 of the said Act is hereby -j^^ gj.^^
30 amended by inserting the following words : — " Iron or other c. 223, b. 384,

smelting works,"after the word " railways " in the first line of amended
said subsection.

14. Subsection 1 of section 397 of the said Act is amended Rev. Stat.
by striking out the words " the publication shall for the pur- ame^nded^^''

35 pose aforesaid be continued " and substituting therefor the
words " the said notice shall for the purpose aforesaid be in-
serted."

15. — (1) The said Act is amended by inserting the following
as section as 424a :

40 424a. The municipal corporation of every township shall Apportion-
have power to apportion by by-law, among the public school ment of pub-
sections in the township, the principal or interest of any in- moneys"^
vestments held by the corporation for public school purposes among school
according to the salaries paid to the teachers engaged by the to^n^hipT

45 respective school sections during the past year, or according to
the average attendance of pupils' at each school section during

the same period or according to the assessed value of the pro-
perty in the section, or by an equal division among the several
sections.

(2) Section 29 of The Act to amend the Statute Law passed
11, 8!*29 ^t the Second Session held in the 62nd year of Her Majesty's
repealed. reign is hereby repealed.

Rev. Stat.
c. 223, s. 435.
amended.
Borrowing
for current
expenditure
pending col-
lection of
taxes.

Rev. Stat.
c. 223 s. 436
repealed.

Debentures,
etc., not to
be for less
sums than

Proviso as to
debentures
issued for
suras which
include
principal and
interest.

16. Subsection 1 of section 43.5 oi The Municipal Act is amend-
ed by inserting after the \vord "borrow" in the third line thereof
the words "either before or after the passing of the by-law
levying the taxes for the current year," and by inserting after
the word " levied " in the fifth line thereof the words " or to 10
be levied."

1 7. Section 436 of the said Act is hereby repealed and the
following section substituted therefor : —

436. Unless specially authorized so to do, and save as here-
inafter provided, no council shall make or give any bond, bill, 15
note, debenture or other undertaking for the payment of a less
amount than $100 ; and any bond, bill, note, debenture or
other undertaking issued in contravention of this section shall
be void.

Provided that any debenture heretofore or hereafter issued 20
under the authority of any by-law passed under or pursuant
to the provisions of sections 384 and 386 of this Act providing
for payment of principal and interest together yearly, so com-
puted and apportioned, that the sum of both principal and
interest payable under the by-law shall be an even annual sum 25
of not less than $100 whether such debenture is issued with
or without separate interest coupons attached thereto shall be
deemed to be a debenture of not less than $100 within the
meaning of this section and all debentures heretofore or here-
after so issued under such a by-law and otherwise legal are 30
hereby declared valid.

Rev. Stat.
c. 223, 8. 484,
amended.

Junk shops
buying from
minors.

1 8. Section 484 of said Act is amended by inserting the
following subsection : —

(4a) The board of commissioners of police in any city and the
council of any town may by by-law prohibit keepers of second- 35
hand shops, or junk stores or shops, from directly or indirectly
purchasing from, exchanging with or receiving in pledge from
any minor appearing to he under the age of 18 years, without
written authority from a parent or guardian of such minor,
any metal, goods or articles. , • 40

Rev. Stat.
c, 223, B. 526,
subs. 1.

19. Subsection 1 of section 526 of The Municipal Act'in
hereby amended by striking out the words : " Any two
of Iler Majesty's Justices of the Peace or of the inspector
appointed as aforesaid may by writing under their hands and
seals" at the commencement of the said subsection and insert-
ing in lieu thereof the words : " Any person authorized for

that purpose by by-law of the county council may by writing
under his hand and seal."

20. Subsection 3 of the said section 526, as enacted by sec- ^2 v. (2)
tion 32 of The Municipal Amendment Act, 1899, is repealed, subs.' (2) '

repealed.

5 31. Section 530 of The Municipal Act is amended by add- Rev. Stat, o,
ing thereto the following subsection : — amended^'

(3) Where a city forms part of a county for judicial pur- Appointment
poses and pays a proportion of the expenses of the administra- tor by city
tion of justice, one of the auditors appointed for auditing and council.
10 approving accounts and demands preferred against the county,
a proportion of which is paj'able by the city, shall be ap-
pointed by the city council, the other auditor being appointed
by the county council.

22. The paragraph numbered 2 in section 532 of the said Rev. Stat.
15 Act is amended by striking out the words " the by-law" in «• 223' s. 532,
the 8th line of the said subsection, and inserting instead the amended,
words : " a copy thereof certified under the hand of the clerk
and the seal of the municipality."

33. Section 536 of the said Act is amended by striking out Rev. Stat. e.
20 the figures "200" wherever they occur therein, and substituting 223, s. 536,
therefor the figures "300," and by substituting "400' for "300" Number of
in subsection 12, but'this amendment shall not apply to cities electors in pol-
having 100,000 inhabitants or more. Sonl'''^'^''''"

24. The paragraph numbered 1 in section 54V) of the Rev. Stat, c
25 said Act is hereby amended by inserting after the word 223, s. 549

"posting" in the first line of said section, the words "or*""®"
exhibiting," and by inserting after the word " placards " in
the said tirst line thereof the words " play bills or posters "
and by inserting before the words " or pictures " in the second
30 line thereof the word " photographs."

25. Section 549 of the said act is amended by inserting Rev. Stat.
therein after the paragraph numbered 9 the following : cap. 223, s. 549

^ ^ ^ *= amended.

(9a) For preventing the holding of sparring exhibitions and Sparring exhi-
boxing matches, where an admis-^ion fee is charged, unless a bitipns and
35 permit therefor is issued by the Chief of Police in cities and matcifes.
towns, or by the reeve in municipalities in which there is no
Chief of Police.

36. The paragraph numbered 6 in section 557 of the said ^^^'oIq**' 557
Act is repealed, and the following inserted in lieu thereof . ss.^e repealed.

40 (6) For preventing persons from throwing any dirt, filth, ^J'^^'^J^^
glass, handbills, paper or other rubbish, or the carcasses of pers .na from
animals upon anv street, road, lane or hi^hwav. throwing dirt,

^ " . " ./ g^P^ j^ high-

ways.

37. The paragraph numbered 4 in section 566 of T/ie Payment of

principal and Municipal Act as enacted by section 35 of The Municipal
debentures. Amendment Act, 1899 is amended by inserting after the

word " principal " in the fourth line the words " or of the

principal and interest."

Time for
withdrawal
of offer.

38. Article (a5) of the said paragraph, as enacted by section 5
35 of Ihe Municipal Amendm^ent Act, 1899, is hereby
amended by striking out the words " one month " in the first
line and inserting in lieu thereof the words " three months "
and by inserting after the word " award " in the second line
of the said article (a5) the words " or after the receipt by the 10
municipality of notice of acceptance of the offer " and by
inserting after the w^ord " terms " in the fourth line of the
said article (a5) the words " of the award " and by striking out
the word ' thereof " in the said fourth line.

Single arbi- 29 Article (a9) of said paragraph numbered 4, as enacted 15

by section 35 of The Municipal Amendment Act, 1899, is
amended by inserting after the word " Arbitrations " in the
third line of said article (ad) the words "or some other person.'

Rev. Stat.
c. 223, s. 569,
subs. 5,
amended.

30. Subsection (5) of section 569 of The Muw'cipal Act is
amended by substituting the word " with " for the word 20
" and " in the fourth line and by striking out the words " has
been published for two months " in the fifth and sixth lines
of the said subsection. »

Rev. Stat, c. 31. The paragraph numbered 6 in section 583 of the said
223, 8. 683, j^Q^ ig amended Sy inserting the words " and bill distributors " 25
after the word " posters " in the first line thereof.

Rev. Stat. c. 33. The paragraph numbered 10 in section 583 of the said
amended. ^^^ ^^ hereby amended by inserting the words " theatres,
music halls, skating rinks " after the word " profit " in the
second line of the said paragraph. '^0

Rev. Stat.
c. 223. 8. 583,
amended.
Pedlars'
licenses.

Hawkers and

pedlar

licenses.

33. The paragraph numbered 16 in section 583 of the said
Act is amended by inserting in the said subsection after the
word " push cart " in the fourth line " $10 for one carrying a
pack," and by adding the words " and every such licensee shall
at all times whilst carrying on his business have his license 35
with him and shall upon demand exhibit the same, and upon
failing to exhibit the same when demanded shall , unless the
same is accounted for satisfactorily, be liable to a penalty of
not less than $1 nor more than $5, together with costs recov-
everable before a justice of the peace," at the end of the said 40
paragraph.

Rev. Stet.
c. 223, 8. 583,
subs. 37.

34. The paragraph numbered 37 in section 583 of the said
Act is amended by adding thereto the words " and for regu-
lating and licensing the drivers of cabs and other vehicles for
hire." 45

35. The paragraph numbered 23 in section 583 of The Mun- ^^^- ^H**; °-
icipal Act as amended by subsection 2 of section 37 of The Mun- (2),'r!"26' s. '37,'
icipal Amendment Act, 1899, is repealed, and the following subs. 2 re-
substituted therefor :— P^^^^^-

5 23. For licensing; and regulating milk vendors. License certi-

. , ficate of local

{a) Every applicant for a license under any such by-law board of
shall be entitled thereto upon the production of a ^^ "
certificate signed by the secretary of the local
board of health of the municipality in which such
10 applicant resides that he has complied, in all

respects, with the provisions of section 10 of the
by-law set out in Schedule " B " to The Public
Health Act

(b) The premises of every person licensed under a by-law Inspection of
15 passed in pursuance of this paragraph shall at all P'"*'""'^®^-

times be open to inspection by any medical health
officer or sanitary inspector of the municipality
granting such license.

20 pended for non-compliance with the provisions of ^^^P'*®'^'^"-

section 10 of the said by-law, set out in Schedule
" B " to The Public Health Act, by the local board
of health of the municipality issuing the license,
and unless removed by the Provincial Board of

25 Health, as hereinafter mentioned, such suspension

shall continue until such local board is satisfied
that the provisions of the said section 10 are duly
complied with ; but where the licensee does not
reside in the municipality granting the license such

30 suspension shall not take place until the medical

health officer or a sanitary inspector of the local
board of the municipality granting the license,
and a medical health officer or a sanitary inspector
of the municipality in which the premises of the

35 licensee. are situate, have together examined the

premises of the licensee, and it shall be the duty
of such medical health officer or sanitary inspector
to make such joint examination within twenty-
four hours after being required to do so by the

40 chairman of the local board of health of the

municipality issuing the license, and if no medical
health officer or sanitary inspector of the munici-
pality in which the premises of the licensee are
situate shall join in making such examination

45 withhi twenty-four hours after being so required,

the board of health of the municipality granting
the license may act without any report of such
medical health officer or sanitary inspector.

{<£) If such medical health officer or sanitary inspector of Concurrence
50 the municipality in which the licensee resides shall "^ suspension,

join in the inspection, but shall not concur in the
2—260

Appeal to
Provincial
Board of
Health.

Notice of
decision.

suspension of the license, no such suspension shall
take place unless it shall first be sanctioned by the
Secretary of the Provincial Board of Health.

(e) Any licensee whose license has been suspended by

a local board of health shall have the right to 5
appeal to the Provincial Board of Health against
any such suspension, and such appeal shall be
heard upon two days' notice in writing being given
to the board of health of the municipality granting
the license, and the decision of the Provincial 10
Board of Health shall be final.

(/) Notice of the action of the Provincial Board of
Health shall be given in writing, by the secretary
thereof, to each of the parties concerned, and no
new license shall be granted to the holder of the 15
suspended license until the suspension is removed,
or the conditions imposed by The Provincial Board
of Health have been complied with.

Rev. Stat. 3C To remove doubts it is hereby declared that section 4

o. 250, s. 4, Qf ^/jg ^qi respecting the Slaughter of Cattle and the Inspec- 20
to be in force, tion of Meat and Milk Supplies in Cities and Towns is not
and never has been in force in this Province, and the said sec-
tion shall not come into operation and no proceedings there-
under shall be taken until the close of the next session of the
Legislature. 25

37. The paragraph numbered 28 in the said section 583 is
amended by adding thereto the foUowang words :

" And for revoking any license so granted whenever the
council or board deems such revocation desirable, without stat-
ing any reason therefor, but in the case of the revocation of a 30
license under any such by-law, the treasurer of the munici-
pality shall refund to the licensee such proportionate part of
the license fee as will represent the unexpired portion of the
term for which the license was granted."

Par. 28, sec.
683, R.S.O.
c 223,
amended.

f'm' *'■ ^^^' ^^- Section 586 of The Municipal Act is amended by in. 35
amended. serting therein after the paragraph numbered 1 the following ^

Hauling dead i^jf^ YoT preventing the hauling of dead horses, offal, night

norsGs etc. ■*■ ^ . •

through the soil or other offensive matter or things along any street in the
streets in municipality to be named in the by-law during the hours of
daylight. daylight. 40

Rev. Stat. 39. — (1) The paragraph numbered 5 in section 587 of the said

parks' *' ^^'^' ^^^ ^^ amended by inserting after the word " Toronto " in the
amended, first line the words " or any other University, or any historical,
literary or scientific society."

Rev. Stat.
c. 228, 8. 687,
par. 6,
Amended.

(2) The said paragraph is further amended by adding there- 45
to the foil owing : —

(a) For the purpose of srrantino^ aid to a Universitv under l^V^^"^

^' , ^ '-,. !,• ••! "•! debentures to

the preceding subsection a municipal council may aid university,
create a debt and issue debentures for the amount etc.
thereof, and the said debentures shall be payable
5 in thirty years at furthest. (See subsection 9.)

(3) The paragraph numbered 8 in the said section 587 is ^®2^2/s**587
amended by striking out the word " and " in the third line and par. 8,
by inserting after the word " Toronta" in the second line the amended,
words " or any other University or."

10 4:0. The paragraph numbered 2 in secHon 591 of the said ^-f^- ^^q^'
Act is amended by adding at the end thereof the following (jj.'
words: " and for aiding in the establishment or maintenance
of a band or bands by any corps of active militia within the
county or for aiding and encouraging amateur, athletic or

15 aquatic sports."

41, Section 591 of the said Act is amended by adding ^®2\f*8.''59l
thereto the following paragraph : — amended.

11, For aiding: and assisting by annual money grant or ,Ai^^t<' '5*®.
otherwise as the council may deem expedient any organization tion.
20 owning, manning and working lifeboats or other salvage
apparatus for life saving purposes.

43. Subsection 1 of section 633 of the said Act is amended Rev. Stat,
by inserting the words " or copy " after the word " original " ^^^^^ \^' '
in the 8th line of the said subsection. amended.

25 43, The said Act is amended by adding thereto the follow- E,ev. Stat.
ins: as section 672cfc : °- ^^\ ,

" amended.

672a. Every municipal council shall have power to pass a Settling with
by-law to agree and settle as upon a quantum meruit with any fo^i improve-
contractor or contractors for any work which has been done ments as upon

30 or shall be done as a local improvement, where such council^"""'"***
shall consider the work to have been performed suffi iently for
the purposes of such local improvement although not in strict
compliance with the contract, and the amount so agreed upon
and fixed shall be the amount or part of the amount, as the

35 case may be, for which an assessment may be made upon the
properties benefited bv such local improvement ; and this .
clause shall apply to all work heretofore done, as well as to "^
future work. Provided that nothing herein shall be construed
to enlarge or extend the rights (if any) of any contractor as

40 against a municipal corporation, unless the council thereof
shall see fit to pass a by-law hereunder and then only subject
to the terms of such by-law.

44. Subsection 1 of section 678 of the said Act is amended Rev. Stat. c.
by striking out the word " or " in the second line of said sec- ^^g\ '

45 tion, and by inserting the words "or village " after the word amended.
" town " in said second line, and by striking out the word

Granolithic
sidewalk
extended to
villages.

Paving of
streets.

Rev. Stat.
c. 223, s. 678,
subs. 2,
amended.

Rev. Stat,
c. 223, s. 678,
subs. 2,
amended.

Construction
of sidewalk.

Paving of
streets.

" or " after the word " city " in the eighth line of said section
and by inserting the words " or village " after the word
" town '' in the ninth line of the said subsection.

And by inserting alter the word " side-walks " in the third
line the words, " or streets ;" 5

And by inserting after the word " streets " in the eighth
line the words, " or of paving any street with macadam, brick,
asphalt or other paving material,"

And by inserting aftel* the word " sidewalks " in the twelfth
line the words, " or of said pavements," 10

And by inserting after the word " sidewalks " in the twenty-
first line the words, " or streets,"

And by inserting after the word " made " in the twenty-
second line the words " or paved."

(2) Subsection 2 of the said section 678 is amended by in- 15
serting after the word " sidewalks " in the second line thereof
the words, " or streets,"

(8) Subsection 2a of section 678 of The Municipal Act, en-
acted by s. 43 of The Municipal Amendment Act of 1899, is
amended by striking out the word "or" in the seventh 20
line and by inserting the words "or village" after the word
town in said seventh line, and by inserting after the word
*' city " at the end of the tenth line the words " town or
village." ,

And by inserting after the word " sidewalks" in the sixth 25
line thereof the words, " or of paving streets with macadam,
brick, asphalt or other paving material,"

And by inserting after the word " sidewalks" in the last line
the words, " or pavements."

Rev Stat. c.
223, s. 680,
subs. 1,
amended.

45. Subsection 1 of section 680 of The Municipal Act is 30
amended by inserting after the word " council " in the third
line the words " upon the value of the land only and not of the
landTespe^ ^ improvements thereon," and by adding at the end of the said
subsection the words " and the value per foot of frontage of
the land to be so exempted from any general rate or assess- 35
ment for the like purpose, shall be estimated for the purposes
of such exemption and shall be stated in the notice of assess-
ment provided for in subsection 2 of section 671, and such
valuation shall be subject to appeal under subsection 5 of the
said section." 40

cially assesed
from general
aasesimfnt for
similar pur-
poses.

Rev. Stat.
c. 223,
amended.

By-laws
exempting
smelting
works from
taxation.

46. The Municipal Act is amended by inserting therein
the following section : —

" 700b. The ^council of l&ny municipality shall have the
power of exempting any iron, steel or other smelting works
from taxation, except as to school taxes, for a period not longer
than 20 years, subject to the assent of one-third of the rate-
payers entitled to vote, asFprovided by clause a of section 700
of this Act as well as the assent of a majority of the rate-
payers voting on such by-law."

47. Section 714 of the said Act is repealed and the follow- Rev. stock.O.
i,.,,j,-ii. ^ s. 714 repealed.

ing substituted tnereior : —

714 — (I) The council of any county or the councils of any 3^?||°®
counties in which an unincorporated village is situated shall Formation.
5 set apart such unincorporated village as a police village upon
a petition being presented describing the area to be included
in such village and signed by a majority of the ratepayers
resident therein.

(2) Where such unincorporated village lies wholly in one fZte^efurn-
10 county the council shall in and by such by-law iix a time and ing Officers,
place for, and shall name a returning officer for conducting the
first election of police trustees as hereinafter mentioned, and
the date of the first meeting of the police trustees after such
election.

15 (3) Where the territory described in the petition lies within Council of
two or more counties the by-law shall be passed by the coun- tainhig largest
cils of each of the counties, but the council of the county in number of res-
which the largest number of the ratepayers resident in such ers'to 'appoint
territory reside shall so name the returning officer and fix the R- 0-

20 time and place for holding the first election for police trustees,
and the date of the first meeting of the police trustees after
such election.

48. Section 720 of the said Act is repealed. Rev. Stock o.

^ 223, s. 720 re-

pealed.

49. Section 49 of The Municipal Amendment Act, 1899,
25 is repealed, and the following substituted therefor : —

30 paragraph 4 of section 591 of The Municipal Act, and there- ^eg°to*'a8s
after no general by-law of the township or either of the town- by-laws,
ships in which the police village is situate for any of such
purposes shall apply in such village

(2) The police trustees of any police village may pass by-
35 laws applicable only in the police village for any of the pur-
poses mentioned in paragraphs 1, 2, 3 and 4 of section 540
of the Municipal Act provided there is no township by-law in
force for any of the purposes mentioned therein.

50. By-laws passed by the police trustees of any police . „
40 village shall be duly authenticated by the signature of two of lified Copy.

the trustees, and a copy of any such by-law certified by one
of the police trustees to be a true copy shall be of the same
force and shall have the same effect as a copy of any muni-
cipal by-law duly certified by the clerk of the municipality in
45 the manner provided by section 334 of The Municipal Act,
and within seven days after the passing of any by-law by the
police trustees of a police village a certified copy of such by-

Bylaws sub-
mitting to
vote.

Assessment
based on last
equalization

Council to levy
and coLect
rate?, Deben-
tures, Issue of.

Rev. Stat. c.
723, amended.

Assesors of
townships to
determine
proportion.

Inspecting
Trustee to act
hb Arbitrator
in case of dis-
agreement.

law shall be transmitted to the clerk of the township or of
each of the townships in which such police village is situate.

51. Where the territory comprised in a police village lies
in two or more townships by-laws for the purposes men-
tioned in section 744 of The Municipal Act shall be pre- 5
pared by the police trustees and shall be submitted to a vote
of the ratepayers by the police trustees in the same manner
as nearly as may be, as in the case of by-laws submitted
by a municipal council. The amount to be assessed and
levied upon the property in each of the townships in which 10
the police village lies respectively shall be based upon the
last equalization of the assessment by the assessors of the
said townships to be made as hereinafter provided, and the
police trustees shall in and by such by-law ascertain the
amount to be raised by the council of each of the townships in 15
which the police village lies. The by-law shall name some
person to act as returning officer upon the taking of the vote

of the ratepayers. Upon such by-law receiving the assent of
the ratepayers, and being passed by the police trustees
the trustees shall serve a certified copy of such by-law 20
upon the clerk of each of the townships in which the
territory comprised in the police village is situated : and the
council of each of such townships shall levy and collect the
rates required by said by-law within the territory under the
jurisdiction of such council. And the council of each of such 25
townships shall issue debentures for the proportion required
to be raised by the council of such township.

52. The Municipal Act is amended by inserting therein
the following as section 739a : —

739rt. (I) The assessors of two or more townships in 30
which a police village is situated, immediately after the form-
ation of such police village, shall meet and determine what
proportion of the annual requisition made by the police
trustees of such police village for the purposes of the said police
village shall be levied upon and collected from the taxable 35
property of the respective municipalities out of which the
police village is formed, and notice of such determination shall
be given forthwith to the inspecting trustee of the police vil-
lage concerned, and the same assessors shall meet thereafter in
every second year after they have completed their respective 40
assessments for the like purpose.

(2) In the event of the assessors disagreeing as to the pro-
portions as aforesaid notice shall be forthwith given to the
inspecting trustee of the police village, who shall act as
arbitrator and with the assessors aforesaid shall determine the 45
said matter and report the same to the clerk of each of the
respective townships within one month of the date upon which
the said notice of disagreement was given and the decision of
a majority shall be final and conclusive until the next equaliz-
ation of the assessment. 50

(3) The meeting of the assessors for the purposes herein- ^^^eting of
before set forth shall be called by the assessor of the township
in which is situated the larger portion of the assessable pro-
perty of the police villages.

5 53. All sums collected for license fees or for penalties for License fees,
offences against any by-law passed by the police trustees of P*y""^°*^ °^-
a police village or against any regulation contained in section
747 of The Municipal Act shall be paid over to the treasurer
of the township in which the licensee resides or carries on
10 business or in which the offence was committed.

54. Section 723 of The Municipal Act is amended bv Re^- Stat, c,
adding thereto the following subsection : amended.'

(3) The police trustees may by by-law provide that the Nomination in
nomination for police trustees may be held at half-past seven Police villages.
15 in the evening instead of the hour in the said section men-
tioned.

55. Section 739 of the said Act is amended by striking out Rev, Stat. c.
all the words after the word " township " in the fourth line amended^'
and inserting in lieu thereof the words " according to the

20 proportions determined by the assessors under section 739a
of this Act."

56. Section 742 of the said Act is amended by adding at Rev. Stat. c.
the end thereof the words " and he shall in like manner pay amended. '
any such order to the extent of the moneys received by him Payment of

25 for licenses under any by-law passed by the police trustees of license fees
the police village and for breaches of any such by-law and for ^"'^ penalties,
penalties under section 747 of The Municipal Act.

.57 Section 748 of the said Act is amended by striking out |^^^- ^'*^ °*
all the words after the word " offender " in the twelfth line. amended. '

30 58. Anj Municipal Corporation which, under the authority Municipality
oi The Municipal Act, has established or acquired, or here- r.^'^"^^ ®^®'^"

r, i I 1 • 1 • 1 -1 f» 1 trical power.

after establishes or acquire?, an electric plant tor the purpose
of producing electricity for light and heat in the municipality
in accordance with The Municipal Light and Heat Act, may,

35 subject to the provisions of the next succeeding section, sell or
lease, for any use for which electrical power can be used in the
municipality, that electrical power or energy necessarily pro-
duced by such plant in producing electricity for light and heat
which is in excess of that immediately required for the pur-

40 pose above mentioned.

59. Except as provided by The Myunicipnl Light and Heat Not to sell
Act and the preceding section no municipal corporation shall ^ga^ed^in*"''^
sell, lease, furnish or supply electrical power or energy to any producing
person or corporation in a municipality where an incorporated po^®'" °^
50 company, firm or individual is engaged in producing or dispos-

Wards in
townships
Kev. atat.
0. 223, 61 V.
0. 23.

Form of
ballot.

Rev, Stat, c
223, 8. 73,
amended.

Election of
C.mnoillor
by wards.

ing of electrical power or energy for value or as a commercial
product.

60. — (1) Notwithstanding anythino in The Muncipal Act
or in The Municipal Amendment Act 1898, or The Municipal
Amendment Act 1899, contained, in case a majority of the 5
qualified electors of a township whose names appear on the
last revised assessment roll, petition the council of the town-
ship to divide the township into wards, the council .shall with-
in one month thereafter pass a by-law to give effect to the
petition ; and shall divide the township into wards so that the 10
number of electors in each ward shall be as nearly as may be
equal ; and the number of wards for municipal purposes shall
be four in all cases.

(2) Where a township is divided into wards in pursuance of
the provisions of subsection 1 of this section the form of ballot 15
papers set out in Schedule A to this Act, for use in townships
divided into wards, shall be used.

(3) Section 73 of The Municipal Act as amended by section
4 of The Municipal A •itendment Act of 1898 is amended by
adding thereto the words " except in the case of townships 20
which may under the provisions of this section be divided in-
to wards.

Election of (4) In townships divided into wards under this section, one

eralTote^ ^^°' councilUor shall be elected for each ward and the reeve shall

be elected by a general vote. 25

17
SCHEDULE A

Form of Ballot Paper
In the case of Townships divided into Wards, form for Councillors :■

BULL.

John Bull, of the Township of
of York, Doctor of Medicine.

3 O

02
C^

O
-J

JONES.

Morgan Jones, of the Township
of York, Farmer.

McAllister.

AUi -iter McAllister, of theTo wn -
ship of York, Lumber Merchant.

O'CONNELL.

Patrick O'Connell, of the Town-
ship of York, Lumber Merchant.

RUAN.

Malachi Ruan of the Ti>wnship
of York, Farmer.

SCHULZE.

Gottfried Schulze, of the Town-
ship of York, Farmer.

Form for Reeve :-

BARDELL.

Thomas Bardell, of ihe Town-
ship of Peel, Farmer.

SNODGRASS.

Alfred Snodgrass, of the Town-
ship of Peel, Yeoman.

2—260

* 2

oo" H P?

% M '^

P O

to
I'

•73

£3

B
g

O
d

J?
as,

et-
C

<©

No. 260.] BTI T ^^^^^

The Municipal Amendment Act, IVOO.

HER MAJESTY, by and with the advice and consent of
the Letrislative Assembly of the Province of Ontario,
enacts as follows: —

1. Section 27 of The MvAiicipil Act is hereby amended by ^'■''L^^^%
adding after the word " town " in the first line of said section amended. '
the following words, " containing by the last municipal census
at least five thousand inhabitants.

3. Subsection 2 of the said section 27 of the said Act is Rev. Stpt.
hereb}^ amended by adding at the end of said section the fol- °'P\^' ^^'
lowing words : " Provided that no such town shall in any case amended,
be allowed the value of any interest it may have in any Proviso,
county property unless the council of the county in which the
said town is situated ratifies and conBrnis the by-law of such
town withdrawing from the county, such ratification and con-
firmation to be made by by- law of the council of such county."

3. Section 68 of the said Act is amended by adding thereto j^^^ g^^,.
the following : " c. 223, ?. 68,

amended.

Or the said board may with the consent of the councils of
the county and separated town form the separated town about
to be reunited into a division of th \ county council in adili- ^"^"(i"^*"^"
tion to the. present divisions, to be represented in proportion county into a
to population, ane member being added for such town when separate
the populat'on thereof is less than any of the county council division,
divisions, and two members being added for such town when
the pr)pulation is equal to that of any of the existing county
council divisions. This arrangement shall continue only until
a redistribution of the county council divisions shall take
place by reason of increase of population or otherwise.

4, Section 7la of the said Act is amended -by inserting Rev. Stat,
therein after subsection 4 the following subsections : — °- 223, s. 71a,

" amended.

(4<a) In any city having a population of more than 1 5,000, citieTof more
the council may by by-law provide that the aldermen shall be than I5,ooo
elected by a general vote of the municipal electors, and either by gene^tj' *

^'**^'4?fnnn1^^ ^7 general vote or in two electoral divisions where the popu-
generai'vote ^ lation exceeds 40,000, one half the number to be elected by
in two elec- each division ; but such by-law shall not come into force unless
and until it has been first submitted to a vote of the electors

visions.

■ according to the provisions of this Act with regard to by Jaws
requiring the assent of the electors. For the purposes of this
section the population of any city shall be determined by the
then last census of the Dominion of Canada. The persons en-
titled to vote upon such by-law shall be those who are entitled
to vote at municipal elections, and if the submission of such
by-law be desired by petition of at least 400 of such electors,
it shall be submitted at the then next annual municipal elec-
tion. If such by-law be carried by the votes of a majority of
the municipal electors voting thereon, it shall come into effect
at the next annual municipal election. Such by-law may be
repealed by a by-law to be submitted to the electors at any
annual municipal election held not later than five years after
the passing of such first mentioned by-law, the repealing by-
law to be submitted to the vote of the municipal electors if
petitioned for by at least 400 of such electors.

vote^don w?th^ (4?>) Where, by a vote of the electors taken at a municipal
in a year election in any city within a year last past, it has been declared
be paTsed^^ ^^^^^ ^^^ election of the members of the council should there-
after be by general vote of the electors and not by wards, a
by-law bringing the Act into force may be passed by the
council of the municipality before the first day of July next,
without submitting the same to a vote of the municipal
electors.

Votes in each 5. Section 158 of the said Act, as enacted by section 13 ot
ward. /yry^g Municipal, Atnendment Act, 1899, is amended by insert-

ing after the word " wards " in the second line thereof the
words " or in two divisions or by a general vote."

Four 6. Subsection (1) of section 276 of The Municipal Act is

controller.". amended by substituting the word "four " for the word "three"

where it first occurs in the third line thereof and also in the

fourth line, and subsection (2) of the said section 276 is

amended by striking out the word " three " in the first line

Abolition of a,nd inserting the word " four " in lieu thereof. Subsection (3)

mayor. ^ * ^ ° of the said section 276 is amended by striking out the words

" in the event of a tie at the board the Mayor shall have a

second or casting vote " in the third and fourth lines thereof.

7. The said Act is amended by inserting therein the follow-
ing section :
Rev. Stat.

amended ^^^ ^'*^ (1). -To render valid a by-law of the municipality

for granting a bonus in aid of any manufacturing industry,

equisitesto ^jjg ^gggnt shall be necessary of two thirds of all the ratepayers

who were entitled to vote on the by-law, unless the number of validity of
ratepayers voting against such by-law does not exceed one fifth
of the total number entitled to vote, when the assent of three-
fifths only of all tlie ratepayers shall be necessary, and in
addition to the certificate required by section 364 of this Act
the clerk, in case of a majority of the votes being in favor of
the by-law, shall further certify whether or not, as far as shown
by the voters' list and assessment roll, such majority appears
to be two- thirds of all the ratepayers who are entitled to vote
on the by-law, and if such majority appears to be less than
two thirds of such ratepayers the clerk shall further certify
whether or not such majority appears to be three-fifths of all
such ratepayers and whether or not the number voting against
such by-law appears to be more than one-fifth of the rate-
payers so entitled to vote.

(2) In case of a dispute as to the result of the vote, the
judge shall have the same powers for determining the question
as he has in any case of a scrutiny of the votes.

(3) The petition to the judge may be by an elector or by
the council, and the proceedings for obtaining the judge's
decision shall be the same as nearly as may be as in the case
of a scrutiny.

8. The said Act is further amended by adding at the end ^^^2'^^**gQj

of section 591 the following : — amended.

By the councils of counties, townships, cities, towns and in-
corporated villages.

12. For granting aid by way of bonus for the promotion By-lawsprant-
of manufactures within the limits of the municipality toJ^|^^J^'°
such person or body corporate and in respect of such branch of facturers.
industry as the municipal council may determine upon ; and
to pay any sum of money granted by way of gift or loan
either in one sum or in annual or other periodical payments .
with or without interest and subject to such terms, conditions
and restrictions as the said municipality may deem expedient.

(h) No property owner or lessee interested in or holding Shareholders
any stock in any company shall be qualified to ""* *" ^°*®-
vote on a by-law for the purpose of granting a bonus
to the company in which he is so interested as
aforesaid.

(c) Any municipality granting such bonus may take and Security for
receive security for the compliance with the terms fulfilment of
and conditions upon which such aid is given. bonus.

Not to secure
removal of in-
dustry from
another place
in Ontario.
Aid so given
not to exceed
10 per cent, of
total tax rate.

Industry not (d^ ^q by-law shall be passed granting a bonus to or

where one of for a manufacturer under this section who proposes

like nature establishing an industry of a similar nature to one

without already established in such municipality unless the

bonus owner or owners of such established industry or

industries shall firot have given their consent in

writing to the granting of such bonus, loan or

guarantee.

(e) No by-law shall be passed by a municipality for
granting a bonus to secure the removal of an indus-
try already established elsewhere in the Province.

(f) No such by-law shall be passed for granting a
bonus by gift or loan or guarantee of money to
any manufacturing industry where the granting of
such bonus would for its payment, together with

the payment of similar bonuses already granted by
said municipality require an annual levy for prin-
cipal and interest exceeding 10 per cent, of the
total annual municipal taxation thereof, but if
such bonus is by way of loan or guarantee of
money then any amount to be repaid annually by
any person or company so aided shall be taken into
account and shall for the purposes of this para-
graph be deducted from the amount required to be
levied annually. Nothing herein contained shall
relieve the municipal council from liability for
neglecting to levy annually the special rate
required to repay any debt contracted by the
municipality.

Bonus defined. 9 -j^j^^ ^^^^ " bonus " where it occurs in section 36 6(X or
subsection 12 of section 591 of The Municipal Act as amended
by this Act shall mean and include : —

{a) A grant of money as a gift or a loan, either uncon-
ditionally or conditionally.

(6) The guaranteeing of the repayment of money loaned,
and interest.

(c) The gift of lands owned by the municipality or the
purchase of lands as a site for building and works
or as a means of access or for any other purpose
connected with the manufacturing industry to be
aided or the leasing of lands either freely or at a
nominal rental for any such purpose.

{d) The closing up or opening, widening, paving or im-
proving of any street, alley, lane, square or other
public place or the undertaking of any other public
work or improvement which involves the expendi-
ture of money by the corporation for the particular
use or benefit of a manufacturing industry.

(e) The supplying of water, light or power by the muni-
cipal corporation either freely or at rates less than
those charged to other persons and corporations in
the municipality.

(/) Generall,y the doing, undertaking or suffering on the
part of a municipal corporation of any act, matter or
thing which involves or may thereafter involve the
expenditure of money by a municipal corporation.

(g) A total or partial exemption from municipal taxa-
tion or the fixing of the assessment of any property
for a term of years, but nothing in this Act con-
tained shall be deemed to authorize any exemption
for a longer period than ten years and a renewal
of such exemption for a further period not exceed-
ing ten years or any exemption, either partial or
total, from taxation for school purposes, or any by-
law or agreement which directly or indirectly has
or may have the effect of such an exemption.

10. Section 411 of The Municipal Act as amended by sec- Rev. stat.
tion 25 of The Municipal Amendment Act, 1899, is repealed repeaie"!.^^''

11. Section 375 of the said Act is amended by striking out Rev. Stat. _
the words " the publication shall for the purposes aforesaid be anfe^nded ^^^
continued " and substituting therefor the words " the said copy

and notice shall for the purpose aforesaid be inserted."

13. Subsection 4 of section 384 of the said Act is hereby Rev. Stat.
amended by inserting the following words: — "Iron or other ''^ 22^' «• ^84,

SUDS 4

smelting works,"after the word " railways " in the first line of amend' d.
said subsection.

13. Subsection 1 of section 397 of the said Act is amended Rev. Stat,
by striking out the words " the publication shall for the pur- amended,
pose aforesaid be continued " and substituting therefor the
words " the said notice shall for the purpose aforesaid be in-
serted."

14. — (1) The said Act is amended by inserting the following
as section as 424a, :

424(X. The municipal corporation of every township shall Apportion-
have power to apportion by by-law, among the public school "pent of pub-
seetions in the township, the principal or interest of any in- m meys
vestments held by the corporation for public school purposes am-'ng school

t * sfctioiis ill

according to the salaries paid to the teachers engaged by the townships,
respective school sections durin<T the past year, or according to
the average attendance of pupils at each school section during
the same period or according to the assessed value of the pro-

62 Vic. (2) c.
11, B. 29
repealed.

perty in the section, or by an equal division among the several
sections.

(2) Section 29 of The Act to amend the Statute Law passed
at the Second Session held in the G2nd year of Her Majesty's
reign is hereby repealed.

Rev. Stat.
c. 223, 8. 435.
amended.
Borrowing
for current
expenditu'e
pendinpr col-
lection of
taxe?.

Rev. Stat.
c. 21A s. 436
repeat led.

Debentures,
etc., not to
be for less
sums than
.1100.

Proviso as to
debentures
issued for
sums which
include
prmcipal and
iriterest.

15. Subjection 1 of section 435 of T^eifumcipaZJ-C^ is amend-
ed by inserting after the \vord "borrow" in the third line thereof
the words " either before or after the passing of the by-law
levying the taxes for the current year," and by inserting after
the word " levied " in the fifth line thereof the words " or to
be levied."

16. Section 436 of the said Act is hereby repealed and the
following section substituted therefor : —

436. Unless specially authorized so to do, and save as here-
inafter provided, no council shall make or give any bond, bill,
note, debenture or other undertaking for the payment of a less
amount than $100 ; and any bond, bill, note, debenture or
other undertaking issued in contravention of this section shall
be void.

Provided that any debenture heretofore or hereafter issued
under the authority of any by-law passed under or pursuant
to the provisions of sections 384 and 386 of this Act providing
for payment of principal and interest together yearly, so com-
puted and apportioned, that the sum of both principal and
interest payable under the by-law shall be an even annual sum
of not less than $100 whether feuch debenture is issued with
or without separate interest coupons attached thereto shall be
deemed to be a debenture of not less than $100 within the
meaning of this section and all debentures heretofore or here-
after so issued under such a by-law and otherwise legal are
hereby declared valid.

Rev. Stat,
c. 223, «. 484,
amended.

Junk shops
buying from
minors.

17. Section 484 of said Act is amended by inserting the
following subsection : —

(4a) The board of commissioners of police in any city and the
council of any town may by by-law prohibit keepers of second-
hand shops, or junk stores or shops, frimi directly or indirectly
purchasing from, exchanging with or receiving in pledge from
any minor appearing to be under the age of 18 years, without
written authority from a parent or guardian of such minor,
any metal, goods or articles.

Rev. Stat.
c. 223, s. hm,
subs. 1.

18. Subsection 1 of section 526 of The Municipal Act is
hereby amended by striking out the words : " Any two
of Her Majesty's Justices ot the Peace or of the inspector
appointed as aforesaid may by writing under their hands and
seals" at the commencement of the said subsection and insert-
ing in lieu thereof the words : " Any person authorized for

that purpose by by-law of the county council may by writing
under his hand and seal."

19. Subsection 3 of the said section 526, as enacted by sec- ^2 V. (2)
tion 32 of The Municipal Amendment Act, 1899, is repealed. 8ubi.'(2) "'

repealed.

30. Section 530 of The Munici-pal Act is amended by add- Rev. Stat. c.
ing thereto the following subsection : — am^nded.^'

(3) Where a city forms part of a county for judicial pur- Appointment
poses and pays a proportion of the expenses of the administra- t(,r by city
tion of justice, one of the auditors appointed for auditing and council,
approving accounts and demands preferred against the county,
a proportion of which is payable by the city, shall be ap-
pointed by the city council, the other auditor being appointed
by the county council.

31. The paragraph numbered 2 in section 532 of the said rqv. Stat.
Act is amended by striking out the words " the by-law " in c. 223, a 532,
the 8tli line of the said subsection, and inserting instead the amended,
words : " a copy thereof certified under the hand of the clerk

and the seal of the municipality."

33. Section 536 of the said Act is amended by striking out j^^y, gtat. c.
the figures "200" wherever they occur therein, and substituting 223, s. 53G,
therefor the figures "300," and by substituting "400 ' for "300" Number of
in subsection 12, but'this amendment shall not apply to cities electors in pol-
having 100,000 inhabitants or more. Sons.'"^"^'""

33. The paragraph numbered 1 in section 549 of the rqv^ gt^t. c.
said Act is hereby amended by inserting after the word 223, s. 549

" posting " in the first line of said section, the words " or ^"^®°
exhibiting," and by inserting after the word " placards " in
the said first line thereof the words " play bills or posters "
and by inserting before the words " or pictures " in the second
line thereof the word " photographs."

34. Section 549 of the said act is amended by inserting ^gy g^^t
therein after the paragraph numbered 9 the following : cap. 223, s. 519

^ ^ ^ ^ amended.

(9a) For preventing the holding of sparring exhibitions and >«parrinfr exhi-
boxing matches, where an admission lee is charged, unless abitionsand
permit therefor is issued by the Chief of Police in cities and matdfes.
towns, or by the reeve in municipalities in which there is no
Chief of Police.

35. The paragraph numbered 6 in section 557 of the said ^^^- 1***- _
Act is repealed, and the following inserted in lieu thereof . ss.^e repealed.

(6) For preventing persons from throwing any dirt, filth, ^^v^nti^n"^
glass, handbills, paper or other rubbish, or the carcasses of persona from
animals upon any street, road, lane or highway. throwing dirt,

>- •' . . ./ etc., in nigh-

ways,

36. The paragraph numbered 4 in section 566 of The Payment of

principal and
interest by
debentures.

Time for
withdrawal
of offer.

Municipal Act as enacted by section 35 of The Municipal
Amendment Act, 1899 is amended by inserting after the
word " principal " in the fourth line the words " or of the
principal and interest."

37. Article (a5) of the said paragraph, as enacted by section
35 of Ihe Municipal Amendment Act, 1899, is hereby
amended by striking out the words " one month " in the fir.st
line and inserting in lieu thereof the words " three months "
and by inserting after the word " award " in the second line
of the said article (a5) the words " or after the receipt by the
municipality of notice of acceptance of the offer " and by
inserting after the w^ord " terms " in the fourth line of the
said article (a5) the words " of the award " and by striking out
the word ' thereof " in the said fourth line.

Single arbi-
trator.

Rev. Stat.
c. 223, s. 569,
subs. 5,
amended.

28. Article (a.9) of said paragraph numbered 4, as enacted
by section 35 of The Municipal Amendment Act, 1899, is
amended by inserting after the word "Arbitrations" in the
third line of said article (a9) the words "or some other person."

29. Subsection (5) of section 569 of The Municipal Act is
amended by substituting the word " with " for the word
" and " in the fourth line and by striking out the words " has
been published for two months " in the fifth and sixth lines
of the said subsection.

Rev. Stat , c
223, 8. 583,
sj. 6, amendde

30. The paragraph numbered 6 in section 583 of the said
3t is amended %y inserting the words " and bill (
after the word " posters " in the first line thereof.

223, 8. 583, ^g^ jg amended %y inserting the words " and bill distributors "

Rev. Stat. c. 31. The paragraph numbered 10 in section 583 of the said
amended. ^^^ ^^ hereby amended by inserting the words " theatres,

music halls" after the word "profit" in the second line of

the said paragraph.

Rev. Stat,
c. 223. s. 583,
amended.
Pedlars'
licenses.

Hawkers and

pedlar

licensee.

32. The paragraph numbered 16 in section 588 of the said
Act is amended by inserting in the said subsection after the
word " push cart " in the fourth line " $10 for one carrying a
pack," and by adding the words " and every such licensee shall
at all times whilst carrying on his business have his license
with him and shall upon demand exhibit the same, and upon
failing to exhibit the same when demanded shall, unless the
same is accounted for satisfactorily, be liable to a penalty of
not less than SI nor more than $5, together with costs recov-
everable before a justice of the peace," at the end of the said
paragraph.

Rev. Stet.
c. 223, 8. 58.3,
aubs. 37.

33. The paragraph numbered 37 in section 583 of the said
Act is amended by adding thereto the words " and for regu-
lating and licensing the drivers o^ cabs and other vehicles for
hire."

34. The paragraph numbered 23 in section 583 of The Mun- ^g^^f g2%
icipal Act as amended by subsection 2 of section 37 of The Mun- (2),'c."26', s.W,
icipal Amiendment Act, 1899, is repealed, and the following ^ubs. are-
substituted therefor : — ^^* ^

23. For licensing; and regulating milk vendors. License ceiti-

^ & S3 gcate of local

{a) Every applicant for a license under any such by-law ^°^''4 °^
shall be entitled thereto upon the production of a
certificate signed by the secretary of the local
board of health of the muncipality in which such
applicant resides that he has complied, in all
respects, with the provisions of section 10 of the
by-law set out in Schedule "B" lo The Public
Health Act.

(h) The premises of every person licensed under a by-law Inspection of
passed in pursuance of this paragraph shall at all ™'"'^'^-
times be open to inspection by any medical health
officer or sanitary inspector of the municipality
granting such license.

(c) A license granted under any such by-law may be sus- Join* .
pended for non-compliance with the provisions of *°^^'*'^ "*"
section 10 of the said by-law, set out in Schedule
" B " to The Public Health Act, by the local board
of health of the municipality issuing the license,
and unless removed by the Provincial Board of
Health, as hereinafter mentioned, such suspension
shall continue until such local board is satisfied
that the provisions of the said section 10 are duly
complied with ; but where the licensee does not
reside in the municipality granting tlie license such
suspension shall not take pince until the medical
health officer or a s mit ii y inspector of the local
board of the municipality granting the license,
and a medical health officer or a sanitary inspector
of the municipality in which the premises of the
licensee are situate, have together examined the
premises of the licensee, and it shall be the duty
of such medical health officer or sanitary inspector
to make such joint examination within twenty-
four hours after being requirctl to do so by the
chairman of the local board of health of the
municipality issuing the license, and if no medical
health officer or sanitary inspector of the munici-
pality in which the premises of the licensee are
situate shall join in making .such examination
within twenty-four hours after being so requii'ed,
the board of health of the municipality granting
the license may act without any .report of such
medical health officer or sanitary inspector.
{d) If such medical health officer or sanitary inspector of Concurrence
the municipality in which the licensee resides shall ^^ s^speusion.
join in the inspection, but shall not concur in the
2—260

Appeal to
Provincial
Board of
Health.

Notice of
decision.

suspension of the license, no such suspension shall
take place unless it shall first be sanctioned by the
Secretary of the Provincial Board of Health.

(e) Any licensee who-e license has been suspended by
a local board of health shall have the right to
appeal to the Provincial Board of Health against
any such suspension, and such appeal shall be
heard upon two days' notice in writing being given
to the board of health of the municipality granting
the license, and the decision of the Provincial
Board of Health shall be final.

(/) Notice of the action of the Provincial Board of
Health shall be given in writing, by the secretary
thereof, to each of the parties concerned, and no
new license shall be granted to the holder of the
suspended license until the suspension is removed,
or the conditions imposed by The Provincial Board
. of Health have been complied with.

Rev. Stat. 35. To remove doubts it is hereby declared that section 4

c. 250, 8. 4, Qf 'fiiQ jict respecting the Slaughter of Cattle and the Inspec-
to be in force, i^on of Meat and Milk Supplies in Cities and Towns is not
and never has been in force in this Province, and the said sec-
tion shall not come into operation and no proceedings there-
under shall be taken until the close of the next session of the
Legislature.

3C The paragraph numbered 28 in the said section 583 is
amended by adding thereto the following words:

" And for revoking any license so granted whenever the
council or board deems such revocation desirable, without stat-
ing any reason therefor, but in the case of the revocation of a
license under any such by-law, the treasurer of the munici-
pality shall refund to the licensee such proportionate part of
the license fee as will represent the unexpii-ed portion of the
term for which the license was granted."

Par. 28, sec.
583, R.S.O.
0, 223,
amended.

K-S.O. c. 223, 37. Section 586 of The Municipal Act is amended by in-
amended, serting therein after the paragraph numbered 1 the following ^

Hauling dead x«. For preventing the haulin::' of dead horses, ofFal, niffht

nors6s etc • - . . .

through the ^oil or other offensive matter or things along any street in the
streets in municipality to bc named in the by-law durinp; the hours of

^^^^'«^*- davlicrht. ^

Rev. Stat. •^38.-^(1) Paragraph numbered 5 in section 587 of The
C.223, 8. 587, Municivdl Act is amended by inserting after the word
amended. " College," in the second line thereof the words : " or any other
University or College within Ontario, or an}^ historical, liter-
ary or scientific socict}^ and for creating a debt therefor, and
for the issue of debentures for the amount of such debt ; and
such grants may be made from time to time, and ma}'^ be either

by one payment, or by an annual payment for a limited num-
ber of years, and upon such terms and considerations as may
be agreed upon."

^(2) The parai>rap!i numbered 6 in the said section 587 is
amended by inserting after the word " College " in the third
line thereof the words : " or any other University or College
within Ontario."

^^(3) The paragraph numbered 8 in the said section 587 is
amended by inserting after the word '• College " in the third
line thereof the words : " or any other University or College
within Ontario.""^

39. The paragraph numbered 2 iti section 591 of the said R-S.O. chap.
Act is amended by adding at the end thereof the following (j)/ ^^°'
words: " and for aiding in the establishment or maintenance

of a band or bands by any corps of active militia within the
county or for aiding and encouraging amateur, athletic or
aquatic sports."

40. Section 591 of the said Act is amended by adding Rev Stat,
thereto the following paragraph :— ainlnded.^^^'

11. For aiding and assisting by annual money grant or^i^toiifg
otherwise as the council may deem expedient any organization boatassocia-
owning, manning and working lifeboats or other salvage *^°°'
apparatus for life saving purposes.

41. Subsection 1 of section 688 of tiie said Act is amended ^^^2^2*3^8* 633
by inserting the words " or copy " after the word " original " subs, i, "

in the 8th line of the said subsection. amended.

43. The said Act is amended by adding thereto the follow- Kev. Sta^
ing as section 672a: ^-^223, ^^^

672a. Every municipal council shall have power to pass a
by-law to agree and settle as upon a quantum meruit with any oontrac^oTsfor
contractor or contractors for any work whicli has been done local improve-
or shall be done as a local improvement, where such council ^uantum "''°"
shall consider the work to have been performed suffi iently for meruit.
the purposes of such local improvement although not in strict
compliance with the contract, and the amount so agreed upon
and fixed shall be the amount or part of the amount, as the
case may be, for which an assessment may be made upon the
properties benefited by such local improvement; and this p^^^^jg^
clause shall apply to all work heretofore done, as well as to
future work. Provided that nothing lieiein shall be construed
to enlarge or extend the rights (if any) of any contractor as
against a. municipal corporation, unless the council thereof
shall see fit to pass a by-law hereunder and then only subject
to the terms of such by-law.

43. Subsection 1 of section 678 of the said Act is amended Rev. Stat. c.
by striking out the word " or " in the second line of .^aid sec- ^^^ s. 678,
tion, and by inserting the words "or village " after the word amended.
" town " in said second line, and by striking out the word

^dew^Vk*^'*^ ' °^ " ^^^^^ ^'^^ word " city" in the eighth line of said section

extended to a,nd by inserting the words " or village " after the word

villages. "town '' in the ninth line of the said subsection.
Paving of And by inserting a ter the word "sidewalks" in the third

streets. ,. ,-, '' i « i. i. •>

line the words, or streets ;

And by inserting after the word " streets " in the eighth
line the words, " or of paving any street with macadam, brick,
asphalt or other paving material,"

And by inserting after the word "sidewalks " in the twelfth
line the words, " or of said pavements,"

And by inserting after the word " sidewalks " in the twenty-
first line the words, " or streets,"

And by inserting after the word " made " in the twenty-
second line the words " or paved."

(2) Subsection 2 of the said section 678 is amended by in-,
serting after the word " sidewalks " in the second line thereof
the words, " or streets,"

(3) Subsection 2a of section 678 of 7he Municipal Act, en-
acted by s. 48 of The Mitnici2')<d Amendvient Act of ISiO, is
amended by striking out the word "or" in the seventh
line and l»y inserting the words "or village" after the word
town in said seventh line, and by inserting after the word
" city " at the end of the tenth line the words " town or
village."

And by inserting after the word " sidewalks" in .the sixth
line thereof the words, " or of paving streets with macadam,
brick, asphalt or other paving material,"

And by inserting after the word " sidewalks" in the last line
the words, " or pavements."

^i,«^ Static. 44. Subsection I of section 680 of The Municipal Act is
suba. i, ' P-mended by inserting after the word "council" in the third
»l^^°«le^- line the words " upon the value of the land only and not of the
landTespe"^ improvements thereon," and by adding at the end of the Paid
ciaily as-seseil subscctiou the words " and the value per foot of frontage of
aas^smenWor ^^^ land to be SO exempted from any general rate or assess-
simijar pur- ment for the like purpose, shall be estimated for the purposes
of such exemption and shall be stated in the notice of assess-
ment provided for in subsection 2 of section 671, and such
valuation shall be subject to appeal under subsection 5 of the
said section."

Key. Stat,
c. 2ii3, s. 678,
subs. 2,
amended.

Rev. Stat-.
c. 223, 8. 678,
subf. ?,
ame did.

Construction
of sidewalk.

Paving of
streets.

post p.

Kev Stat.
c. 223.
am iiricd.

By-liwa
exempting
siiiel'ini,'
wo( ks from
tax a ion.

45. The Municipal Act is amended by inserting therein
the following section : —

"700b. The council of any municipality shall have the
power of exempting any iron, steel or other smelting works
from taxation, except as to school taxes, for a period not longer
than 20 years, subject to the assent of one-third of the rate-
payers entitled to vote, as provided by clause a of section 700
of this Act as well as the assent of a majority of the rate-
payers voting on such by-law."

46. Section 714 of the said Act is repealed and the follow- l^ev. Stock. C,
1 J.* J. J. 1 i. I. i? ' 8.714 repealed.

mg substituted theretor: —

714— (I) The council of auy county or the councils of any ^9^1^®
counties in which an unincorporated village is situated shall Formation,
set apart such unincorporated village as a police village upon
a petition being presented describing the area to be included
in such village and signed by a majority of the ratepayers
resident therein.

(2) Where such unincorporated village lies wholly in one ?^tellerur^
county the council shall in and by such by-law tix a time and ing Officers,
place for, and shall name a returning officer for conducting the

first election of police trustees as hereinafter mentioned, and
the date of the first meeting of the police trustees after such
election.

(3) Where the territory described in the petition lies within Council of
two or more counties the by-law shall be passed by the coun- tain hig largest
cils of each of the counties, but the council of the county in number of res-
which the largest number of the ratepayers resident in such ers^to'^appotnt
territory reside shall so name the returning officer and fix the ^- O-
time and place for holding the first election for police trustees,

and the date of the first meeting of the police trustees after
such election,

47. Section 720 of the said Act is repealed. Rev. Stock c.

^ 223, s. 720 re-

pealed.

48. Section 49 of The Municipal Amendment Act, 1899,
is repealed, and the following substituted therefor : —

(1) The police trustees of any village may pass by-laws
applicable only in the police village for any of the purposes
mentioned in section 546 and in paragraph 1 of section 559,
and in paragraphs 4, 5, 8, 9, 28 and 29 of section 583, and
paragraph 4 of section 591 of The Municipal Act, and there- teesTo^'^ass
after no general by-law of the township or either of the town- by-laws,
ships in which the police village is situate for any of such
purposes shall apply in such village

(2) The police trustees of any police village may pass by-
laws applicable only in the police village for any of the pur-
poses mentioned in paragraphs 1, 2, 3 and 4 of section 540
of the Municipal Act provided there is no township by-law in
force for any of the purposes mentioned therein.

By-laws Cer-

49.' By-laws passed by the police trustees of any police
village shall be duly authenticated by the signature of two of tified Copy^
the trustees, and a copy of any such by-law certified by one
of the police trustees to be a true copy shall be of the same
force and shall have tlie same eflect as a copy of any muni-
cipal by-law duly certified by the clerk of the municipality in
the manner provided by section 334 of The Municipal Act,
and within seven days after the passing of any by-law by the
police trustees of a police village a certified copy of such by-

Bylaws sub-
mitting to
vote.

law shall be transmitted to the clerk of the township or of
each of the townships in which such police village is situate.

50. Where the territory comprised in a police village lies
in two or more townships by- laws for the purposes men-
tioned in section 744 of The Municipal Act shall be pre-
pared by the police trustees and shall be submitted to a vote
of the ratepayers by the police trustees in the same manner
as nearly as may be, as in the case of by-laws submitted
by a municipal council. The amount to be assessed and
levied upon the property in each of the townships in which
the police village lies respectively shall be based upon the
last equalization oE the assessment by the assessors of the
baTed^orTlast ^^^^ townsliips to be made as hereinafter provided, and the
equalization police trustees shall in and by such by-law ascertain the
amount to be raised by the council of each of the townships in
which the police village lies. The by-law shall name some person
to act as returning officer upon the taking of the vote of the rate-
payers. Upon such by-law receivingthe assent of a majority of
the ratepayers entitled to vote, and being passed by the police
trustees the trustees shall serve a certified copy of such by-law
upon the clerk of each of the townships in which the
territory comprised in the police village is situated : and the
Council to levy council of each of such townships shall levy and collect the
rates, Oeben- rates required by said by.law within the territory under the
tnres, Issue of . iurisdiction of such council. And the council of each of such
townships shall issue debentures for the proportion required
to be raised by the council of such township.

Rev. Stat. c.
723, amended,

Assesors of
townships to
determine
proportion.

Inspecting
Trustee to act
as' Arbitrator
in case of dis-
agreement.

51, The Municipal Act is amended by inserting therein
the following as section 739a : —

739a. (I) The assessors of two or more townships in
which a police village is situated, immediately after the form-
ation of such police village, shall meet and determine what
proportion of the annual requisition made by the police
trustees of such police village for the purposes of the said police
village shall be levied upon and collected from the taxable
property of the respective municipalities out of which the
police village is formed, and notice of such determination shall
be given forthwith to the inspecting trustee of the police vil-
lage concerned, and the same assessors shall meet thereafter in
ever}'- second year after they have completed their respective
assessments for the like purpose.

(2) In the event of the assessors disagreeing as to the pro-
portions as aforesaid notice shall be forthwith given to the
inspecting trustee of the police village, who shall act as
arbitrator and with the assessors aforesaid shall determine the
said matter and report the same to the clerk of each of the
respective townships within one month of the date upon which
the said notice of disagreement was given and the decision of
a majority shall be final and conclusive until the next equaliz-
ation of the assessment.

(3) The meeting of the assessors for the purposes herein- Meeting of
. before set forth shall be called by the assessor of the township
in which is situated the larger portion of the assessable pro-
perty of the police villages. *

52. All sums collected for license fees or for penalties for License fees
offences against any by-law passed by the police trustees of P*y™^° ° •
a police village or against any regulation contained in section

747 of The Municipal Act shall be paid over to the treasurer
of the township in which the licensee resides or carries on
business or in which the offence was committed.

53. Section 728 of The Municipal Act is amended by R^^. Stat. c.
adding thereto the following subsection : amended. '

(3) The police trustees may by by-law provide that the Nomination in
nomination for police trustees may be held at half-past seven ^^ '°®^' ^^'^'
in the evening instead of the hour in the said section men-
tioned.

54. Section 739 of the said Act is amended by striking out Rev. Stat. c.
all the words after the word " township " in the fourth line amended. '
and inserting in lieu thereof the words " according to the
proportions determined by the assessors under section 739a

of this Act."

55. Section 742 of the said Act is amended by adding at ^^^- S*a,t. c.

. . 22^ s 742

the end thereof the words " and he shall in like manner pay amended. '
any such order to the extent of the moneys received by him Payment of
for licenses under any by-law passed by the police trustees of licerse fees
the police village and for breaches of any such by-law and for ^"*^ penalties,
penalties under section 747 of The Municipal Act.

56. Section 748 of the said Act is amended by striking out l||^'/748 °"
all the words after the word "offender" in the twelfth line. amended.'

5 7. Any Municipal Corporation which, under the authority Municipality
of The Municipal Act, has established or acquired, or here- tric"uJower.
after establishes or acquire?, an electric plant for the purpose
of producing electricity for light and heat in the municipality
in accordance with The Municipal Light and Heat Act, may,
subject to 1:he provisions of the next succeeding section, sell or
lease, for any use for which electrical power can be used in the
municipality, that electrical power or energy necessarily pro-
duced by such plant in producing electricity for light and heat
which is in excess of that immediately required for the pur-
pose above mentioned.

58. Except as provided by The Municipal Light and Heat Not to sell
Act and by the preceding section no municipal corporation shall Tnga^eTin*"^
sell, lease, furnish or supply electrical power or energy to any producing
person or corporation in a municipality where an incorporated gn^ffy"'^
company,f]rm or individual is engaged in producing and dispos-

ing of electrical power or enerj]fy for value or as a commercial
product.

'^'SO. Subsection 71a of the said Act is amended by inserting
in subsection 3 thereof after the word " vote " in the fifth line
thereof the words " or of a mayor and six aldermen when the
population is less than 6,000."

*^This amendment shall come into force immediately after the
passing thereof and in cases where the number of aldermen
already elected is less than six, additional aldermen shall be
elected as soon as possible after the coming into force of this
Act. Such election shall be held in the same manner as an
election to fill a vacancy in the Council.

227's^3?8 "■ ^^^^ Section 398 of The Municipal Act is amended by in-
amended. ' serting therein the word " township " immediately after the
word " town " in the second line of the said section.

Rev. Stat. «a=61. Section 481 of The Municipal Act is amended by in-
ame^nded^^^' Sorting therein, after the words "police magistrate" in the
sixth line of the said section, the woids: "in case of the ab-
sence from the province of the police magistrate, tl.e deputy
police magistrate, if any, shall be a member of the board for
the time being."

«a63. Section 595 of The Municipal Act is amended by add-
ing at the end thereof the following :

^Provided that the amount payable as the reward upon any
such conviction as aforesaid shall be in the discretion of the
Judge but shall not exceed the amount fixed by the by-law.

17
SCHEDULE A.

Form of Ballot Paper.
In the case of Townships divided into Wards, form for Councillors: -

Oh f^y

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5z;

C/2

O i

BULL.

John Bull, of the Township of
of York, Doctor of Medicine.

JONES.

Morgan Jones, of the Township
of York, Farmer.

McAllister.

Allister McAllister, of theTo wn-
ship of York, Lumber Merchant.

O'CONNELL.

05 I Patrick O'Connell, of the Town-

P i ship of York, Lumber Merchant.

" I

RUAN.

Malachi Ruan, of the Township
of York, Farmer.

SCHULZE.

Gottfried Schulze, of the Town-
ship of York, Farmer.

Form for Reeve :-

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BARDELL.

Thomas Bardell, of the Town-
ship of Peel, Farmer.

SNODGRASS.

Alfred Snodgrass, of the Town-
ship of Peel, Yeoman.

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No. 261.] T)TT T [190^-

BILL.

The Drainage Amendment Act, 1900.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :

1. Section 76 of The Municipal Drainage Act is amended Rev. Stat.
5 by inserting after the word " municipalities " in the third line anfe^nded^^'
thereof the words " or when constructed by statute labor or
partly by statute labor and partly by general funds."

*Z. The said Act is amended by inserting therein the follow- Rev. Stat. c.
ing section as section 77a. ^26 amended

10 77a. It shall be lawful for the council of any munici- p^jy of own-
pality to pass a by-law or by-laws providing that it ers as to clean-
shall be the duty of the owner of every lot or part £|p^^*/ba1ika
of a lot assessed for benefit to clean out the drain and keep the in order,
same free from obstructions which may hinder or impede the

15 free flow of the water, and to remove therefrom all weeds and
brushwood and to keep the banks of the drain in order to the
extent and in manner or proportion and for the distance
determined by the engineer m his report, and in case any such
owner makes default in so doing for thirty days after notice

20 in writing from the council of the municipality the work may
be done by the said council or by any officer appointed by
them for the purposes of the said drain and the cost thereof
after notice of the same to the person so making default and
liable therefor shall be placed on the collector's roll against the

25 lands of such owner and shall be chargeable against the said
lands and be collected in the same manner as other municipal
or drainage assessments,

(2) The said Act is amended by inserting therein the follow- Rev. Stat. o.
ing section as section 10a. 226 amended.

30 10a. Such by-law may further provide that the engineer or f °^ort1on*°
surveyor shall in his report state the portion of the said drain work of clean
already or thereafter to be constructed which shall be by each *"•? °"*^ '^'■*^°
owner assessed for benefit, cleaned out and kept clear and owners,
free from obstructions and in good order as prescribed by the

35 above section 77a of this Act.

3. Section 83 of the said Act is hereby amended by 5*2^26? 8**83,

amended.

striking out the words " payable within seven years
Maintenance f^om the date thereof " in the fifth line thereof and
debentures, inserting after the word " debentures " in the eighth line
thereof the following words, " where such debentures are issued
for the cost of repair, such as change of course, new outlet, 5
improvement, extension, alteration or covering pursuant to the
provisions of section 75 of this Act, such debentures shall be
payable within twenty years from the date thereof, and where
such debentures are issued for the cost of repairs pursuant to
any other sections of this Act such debentures shall be payable 10
within seven years from the date thereof."

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No. 262.] TJTT T ^'^^^

An Act respecting Aid by Land Grant to the Algoma
Central Railway Company.

WHEREAS the Algoma Central Railway Company has been preamble,
duly incorporated and empowered to construct a line of
railway from Sault Ste. Marie, Ontario, to a point on the Can-
adian Pacific Railway, and a branch line from a point in the
5 said line of railway to Michipicoten Harbour on Lake Superior,
and has applied to the Government of the Province of On-
tario for a grant of 7,400 acres of the crown lands of the
Province for each mile of its railway constructed or to be here-
after constructed as railway aid ; and whereas such railway will

10 run through a country not hitherto accessible for the purpose
of habitation, and its construction is rendered difficult and
costly by reason of the nature of the territory to be traversed
by it ; and whereas, owing to the undeveloped character of the
country through which it will pass, the traffic of the railway

15 for some years to come will be limited to carrying timber and
mineral ores and will not be of sufficient value to produce a
revenue on the capital invested therein ; and Whereas the said
territory, though rich in natural resources, cannot be made
available to the people of the Province, or to new settlers,

20 without the facilities for transportation provided by a railway ;
and whereas the Lake Superior Power Company has con-
structed a large hydraulic power canal at theTown of Sault
Ste. Marie, in the Province of Ontario, and power houses, plant
and works supplying power to operate the industries now

25 located upon it, and the Sault Ste. Marie Pulp and Paper
Company has constructed and now operates large industries
at the Town of Sault Ste. Marie, Ontario, whereby the natural
resources of the region are being utilized in its manufacturing
processes, and the said two last mentioned companies have, as

30 an inducement to the granting of the said lands to the railway
company, severally offered, in consideration of such grant
being made, to construct, equip and operate large and import-
ant additional works and industries in the Province of Ontario,
to make use of such raw materials, and manufacture the same,

35 and thus promote immigration to the Province by furnishing
employment to labour therein, contribute to the development
of its resources [and add to |the public wealth thereof ; and
whereas the said existing works and industries established by
the said two companies, and those to be established by them

40 as hereinafter mentioned, are, and will be, of such magnitude,

capacity and diversity as to utilize and develop to the fullest
extent the timber, mineral and other natural resources of the
country to be traversed by the railway ; and whereas certain
stipulations have been agreed to by the promoters of the said
enterprises having in view the securing of settlement of that 5
part of the Province through which the said line of railway is
to run, and other stipulations have been agreed to for the
establishment of not less than four steel-plated steamers having
an aggregate carrying capacity of 8,000 tons to be used in the
carrying trade on the Great Lakes of Canada ; and whereas 10
the granting of aid to the said Railway Company is to be con-
ditional upon the carrying out and compliance with the terms
and conditions hereinafter set forth ; and whereas in connec-
tion with the facts and statements hereinafter mentioned and
set forth negotiations have taken place between the promoters 15
of the said enterprises and the Government of the Province
and it appears to be in the interests of the districts in which
the proposed works will be located, as well as the Province at
large, that the said railway should be constructed and the work
of construction thereof proceeded with at once ; and whereas it 20
is expedient for the purpose of securing the advantages afore-
said that aid therefor should be given to the railway company
in the manner and on the terms hereinafter set forth ;

Her Majesty, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as 25
follows : —

Land grant of 1. The Lieutenant-Governor in Council may set apart out of
miiTto'^'^^^ * the ungranted lands of Ontario 7,400 acres of land for every mile
Alfroma Cen- of railway which may be constructed by the Algoma Central
tral Ry. Co, Railway Company from a point at or near the Town of Sault 30
Ste. Marie, in the District of Algoma, on the St. Mary River,
to a point on the main line of the Canadian Pacific Railway
between Dalton and White River Stations, being a distance
of about one hundred and fifty miles ; and from Michipicoten
Harbour, in an easterly direction intersecting the said line a 35
distance of about fifty miles.

Deviations 2. Unless with the previous approval of the Lieutenant-

fromiineof Governor-iu-Couucil no deviation shall be made from the
rai way. proposed line of the said railway as laid down upon a map

showing the location thereof made by John A. Wilde, dated 40
the 24th day of April, 1900, and authenticated by the signa-
ture of the Commissioner of Crown Lands and filed in his
department, and in case any deviation is approved of and in
consequence thereof the length of the railway is increased
no grant of land shall be made in respect of any such in- 45
crease beyond 25 miles over and above the distance as shown
by the above map.

Distance from 3. Noue of the lands to be granted shall be nearer to the

Sault ste. Town of Sault Ste. Marie than 20 miles, nor nearer to Michipi-
Mane and ^

coten Harbour than 10 miles, but such distances of 20 miles ^^''l^pJ®?*®^
or 10 miles respectively shall be, nevertheless, taken into to be granted,
account in reckoning the mileage for which a grant of land as
aforesaid shall be made to the railway company.

5 4. The lands so to be granted shall be set apart in alternate Alternate
blocks so that a block shall be granted to the railway com- ^'^ ^'
pany and a similar adjoining block reserved to the Province
and so that the railway shall, as nearly as practicable, pass
through the centre of each block, according to its shortest
10 'dimensions. Each block or parcel shall contain, as nearly as
may be, 148,000 acres and shall be rectangular in shape, so far
as the conformation of the land permits, subject to such modi-
fications as may be necessary for purposes of survey or any
other purpose required by the Commissioner of Crown Lands.

15 5. Where a block of land allotted to the company includes When block
within its limits lands located by settlers or others having settled lands,
the right so to do, or purchased from the crown, the company
shall be entitled to an equal acreage of other lands in lieu
thereof to be allotted in the manner provided in the next

20 section.

6. In case any of the lands through which the railway shall Where lands
run consist of swamp or land covered with water, the raUwfy rims
railway company shall not be obliged to receive any part are swamp
of such lands as part of the said grant, but land elsewhere '*°**^-

25 shall be selected by the railway company in the place of such
last mentioned lands from other lands adjacent to the outer
limit of such blocks or in the intervening blocks at the
option of the Commissioner of Crown Lands and may grant
the same in lieu of the land so excluded, and the Lieutenant-

30 Governor in Council, on the approval of such selection by the
Commissioner of Crown Lands, may grant other lands to equal
the acreage of lands thus excluded from the said parcels of
land.

7. The lands to be granted shall be surveyed by the railway Survey of

35 company, and the plans and field notes thereof filed in the De- granted lands,
partment of Crown Lands, such work to be done by the rail-
way company at its own expense ; the surveys shall be in
accordance with the system of f-urveys prescribed for Crown
lands on the north of Lakes Huron and Superior and shall be

40 subject to the inspection and approval of the Commissioner of
Crown Lands. From and after the passing of this Act for the
period of one year no lands shall be located, leased or sold
within ten miles on either side of the said lines of railway
until the said blocks of land hereinbefore referred to have

45 been surveyed and determined.

8. Upon the construction of any portion of the railway not When grant
less than 10 miles in length, and the completion thereof, so as to to be made.

admit the regular running of trains thereon, together with such
equipment thereof as shall be required for the traffic thereon,
the Lieutenant-Governor in Council may grant to the com-
pany the land applicable thereto according to the appropriation
thereof made as hereinbefore provided, but the granting 5
of such land at any time, or for any such lengths of
railway of not less than 10 miles each, shall not discharge
the company from due observance of the conditions which at
the time of any such grant or grants may have been deemed
completed. Examination into the work done, and acknowledg- 10
ment of compliance with any conditions by the Government,
shall not be final until the railway and all other works hereby-
undertaken to be done by the railway company or other com-
panies shall have been completed.

Title of 9. The lands hereinbefore set forth to be granted to the said 15

granted lands, company shall be granted in fee simple, and such grant shall
include all ores mines and minerals, base and precious ; and
shall also include the pine to be paid for by the company at a
price to be determined as hereinafter provided, and also sub-
ject in addition to the payment of such dues as at the time the 20
said pine is cut are payable by Crown Timber licensees on
pine sold since 1892.
Nickel regula- Provided that all patents of the land in the said railway
tions. block shall contain a condition that all nickel ore or combined

ore of nickel and copper found on or in the said lands shall 25
be subject to such regulations as to treating or refining in
Canada as may for the time being be applied to other lands of
the Province under any general law.

Sale of timber 10. On Completion of the survey and the filing of the
nghts by pub- plans in the Department of Crown Lands the Commissioner of 30
Crown Lands shall offer for sale by public auction at a price
to be paid for each thousand feet in addition to the Crown
timber dues the right to cut the pine timber (if any) on the
reserved alternate blocks or on as many successive reserved
blocks as may be approved by the Commissioner of Crown 35
Lands subject to the usual conditions and regulations re-
specting sales of the right to cut timber on Crown Lands,
and the average price realized at the said auction on the re-
served blocks shall be the price to be paid as aforesaid by the
company for each thousand feet of pine on the intervening 40
blocks granted to them. The said price shall be paid by the
said railway compa.:iy with and in addition to the Crown dues.
A part of the pine on the blocks of the railway company shall
be cut each year, and the whole in ten years from the date of
such sale on reserved blocks. 45

Bevision of 11. Incasethe payments benotmade as hereinbefore provided

pine to ^\^Q pjj^Q upon the blocks for which it is owing shall revert to

the Crown and the right to cut the same may be sold by the

Commissioner of Crown Lands in the same manner as he would

have been entitled to sell the same if the pine had been reserved
in the patents and the Commissioner may issue licenses to cut
the same, and such licenses shall confer upon the licensees the
like rights with reference to the pine, and to and upon the
5 lands, as are conferred by licenses to cut timber on Crown
lands subject however to any restriction contained in any
such license.

13. The right to cut the pine upon the said reserved blocks Cutting pine
shall be sold subject to the condition that a part of the same o° reserved
10 shall be cut each year and that all shall be removed within ten
years from the time of sale, or such lesser period as the pur-
chaser may prefer.

13. In case any portion of the said blocks of land laid out Scattered pine
for the company are found to contain only scattered pine tim- *'"" ®''"

15 ber so that in the opinion of the Commissioner of Crown Lands
such pine is not of sufficient value to justify its being put up
for sale, the Company shall have the right with the appro-
val of the Commissioner to cut the timber on such lands
without payment of the said price but shall pay in respect

20 thereof the same dues as are payable by Crown Timber
licensees as hereinbefore provided.

14. The lands granted to the said railway shall be subject to Land to be
all the provisions of The Mines Act, and to all regulations |?bj^^'l*'5*
made or to be made thereunder, saving and excepting Parts c. 36.

25 II and III thereof.

15. The provisions of the Act, chaptered 26 of the Revised Rev. Stat.
Statutes of Ontario, 1897, shall not apply to any portion of ^-26 not to
the lands to be granted to the railway company as aforesaid. * ^

16. The following conditions shall be fulfilled and per- Conditions
30 formed to enable or entitle the company to have or obtain any "fantTo'be'

of the land grants hereinbefore provided, except as provided in made,
section 8 hereof ; namely,

1. The construction of the railway, meaning the lines of Const notion
railway hereinbefore described, shall be commenced on or °^ railway.
35 before the first day of June next, and the entire railway shall
be completed for the distance of two hundred and fifty miles
or thereabouts, in accordance with the provisions of the Acts
empowering such construction, on or before the first day of
May, 1903.

40 2, The Lake Superior Power Company shall at or near Works of
the Town of Sault Ste. Marie in the Province of Ontario, P«^^' ^o.
develop water power to the extent of at least 40,000 horse
power in addition to that already developed by it at the said
town and will commence the construction. of the canal or canals

45 for the development of such horse power within sixty days from
the passing of this Act, and complete the said canal or canals

StatioLS,
school houses
and town
hallK.

and instal the machinery necessary for the development of such
power and develop the same within three years from the
commencement of the construction of such canal or canal ;

And shall commence or cause to be commenced, the erec-
tion of smelting and reduction works within sixty days after 5
the passing of this Act, and shall complete the same to a capacity
of 300 tons of ore daily within one year from the commence-
ment thereof ;

And shall also commence, and cause to be commenced, the
erection of chemical works within sixty days after the passing 10
of this Act, and shall complete the same within two years from
the commencement thereof, such works to be of the capacity
suitable for using 5,000 horse power for the operation thereof.

Works of pulp 3 That The Sault Ste. Marie Pulp and Paper Company,
and paper Co. g^all commence within the Province of Ontario, the erection 15
of an additional pulp mill to that now operated at Sault Ste.
Marie, Ontario, within thirty days after the passing of this
Act, and complete the same to a capacity of fifty tons of pulp
daily within one year from the commencement thereof.

4. The said railway company fhall when requested by the 20
Commissioner of Crown Lands place a station for the
accommodation of passengers and freight, as nearly as may be
in the centre of each block of land whether allotted or reserved,
subject to the approval of the Public Works Department, and
shall survey a town plot in the neighborhood of each station 25
in the company's blocks and as soon as the Lieutenant-
Governor in Council shall declare that occasion has arisen
therefor shall build a school house and public hall sufficient
for the requirements of a population of five hundred people at
the least, and in accordance with plans previously approved of 30
by the Commissioner of Public Works.

5. The railway company shall within one year from the
passing of this Act establish an immigration office in the City
of Toronto, another such office in Great Britain.

6. The railway company shall every year during the ten 35
years next after the passing of this Act place upon their said
lands at least one thousand male settlers who shall each be of
the age of eighteen years or over, and who shall each build or
have built for him before or within one year of his being placed
upon the said land a house thereon fit for habitation at least 40
sixteen feet by twenty feet, with other necessary farm build-
ings, and who shall also each perform within the times
specified by The Free Grants Act the settlement duties as to
residence, clearing and cultivation by the said Act required in
order to entitle a free grant settler to a patent of one hundred 45
acres of land. Artisans, operators and regular employees of
the railway company or of any mining, industrial or manufac-
turing establishments on the line of said railway and being
actual residents thereon shall be included in the designation
" settlers." Provided that every settler's son, who is of the 50
age of 16 years or over, and who resides with his father shall

ImmigratioD
office.

Settlemen^

count as a settler within the meaning of this paragraph and
the foregoing requirements as to the building of a separate
house and other buildings shall not app)y in the case of any
such settler's son resident with his father.

5 7. The railway company shall establish and maintain a line Steamship
of not less than four steel steam ships for regular traffic be-
tween Michipicoten and Sault Ste Marie and other points on
the lakes, the said ships to be of a tonnage of not less than
2,000 tons each freight capacity.

10 8. None of the said pine timber nor any spruce pulpwood on Pine and
the said railway lands shall be exported in an unmanufactured ^J^^^ °?*^ ,*"
condition out of Canada, but the pine shall be manufactured
into sawn lumber or square timber as required in respect of
Crown timber by the manufacturing condition in Schedule A

15 of the Act passed in the 61st year of Her Majesty's reign
entitled An Act respecting the Manufacture of Pine cut on
the Grown Domain, and the spruce pulpwood shall be made
into pulp or paper within Canada.

1 7 — (1) In respect of the said conditions numbered (1), (2) Forfeiture of

20 and (3) it is hereby declared and enacted that if the Lieutenant- non-fulfilment
Governor in Council at any time or times, deems that the ^ conditions,
railway company or either of the two companies above named
has in respect of any of the works to be done by any of
them, respectively, failed in commencing, constructing or

25 proceeding therewith, in accordance with the provisions
foregoing affecting such work, then the Lieutenant-Governor
in Council may on notice to the said railway com-
pany and other companies and after hearing forfeit all
right, claim or demand of or to any of the said lands

30 whether the same have been patented under the aforesaid
provisions or have not been patented ; and notwithstand-
ing that there may be no diefault by the railway com-
pany: The Lieutenant Governor in Council may, neverthe-
less, relieve against any forfeiture deemed to have been incurred,

35 and the waiving by the Lieutenant-Governor in Council of any
forfeiture or of any matter or thing deemed to have been a
forfeiture shall not affect the right of the Lieutenant-Governor
in Council to revive such forfeiture in case any conditions in
which it was waived is broken or to again declare a for-

40 feiture in respect of the same matter or to declare forfeiture
in respect of other matters at any subsequent time or times,
but no forfeiture shall be made or declared of any lands pre-
viously sold by the said railway company to any bona fide
settlers.

45 (2) Subject to The Railway Act and any Act of this Relief from
session it is further declared and enacted that upon the ^"t^re forfeit-
said conditions numbered 1, 2, 3 and 5 being complied with security.'^"^^
by said railway company and the other companies named
therein and upon the said line of steamships being established

50 as provided in subsection 7 of section 16 and upon the said

Making title
for bona fide
settlers.

railway company giving such security as the Lieutenant-
Governor in Council may require to secure the due perform-
ance by the railway company of the conditions numbered 4,
6 and 8 mentioned and set forth in section 16 hereof then the
whole of the said lands so granted to the said railway com-
pany shall be vested in the said company in fee simple and
freed from all the conditions mentioned and set forth in the
said section 16 ; and any other securities satisfactory to the
Government may from time to time be substituted for the
security so given by the said railway company.

(3) Upon the completion of any section of the said railway
not less than 10 miles in length, the Lieutenant-Governor in
Council upon the application of the said railway company and
upon the said railway company furnishing such security for
compliance with the said conditions as may be approved by the 15
Lieutenant-Governor in Council, may declare that any lands,
or any portion thereof, which may have been granted to the
company under the provisions of this Act shall for the pur-
pose of making title for bona fide settlers thereon be vested in
the'said company in fee simple and freed from all the con- 20
ditions mentioned and set forth in section 16 of this Act.

Notice to be ^^- The railway Company before cutting or allowing any
given of iuten- other person to cut pine on any of the said 1-mds shall from
phiV°°^* time to time notify the Crown Lands Department of its

intention to cut such pine and the localities in which it intends 25
to cut as aforesaid, and shall also make or cause to be made
sworn returns of all pine timber cut on the said lands in the
same manner and form as is required of licensees by the Crown
Timber Regulations, and the regulations from time to time in
force in respect of licensees of Crown timber and for securing 30
the due payment of timber dues and the provisions of any Act
of the Legislature which may be in force for the same purpose
shall apply to the said Railway Company and to the pine cut
thereon so far as the same can be applied and are not incon-
sistent with this Act, as if the said company were licensees 35
and the said timber were cut on Crown Lands.

Rates for
passer gers
and freight.

19. The rates for passenger and freight traflfic which may
be charged by the said Company on the said Railway shall be
subject to approval by the Lieutenant-Governor in Council,
and the Company shall comply with any conditions now or 40
hereafter imposed by any Act respecting the granting of aid to
railways, and compliance with this section shall be one of the
conditions to be fulfilled by the said Company under the pro-
visions of this Act.

Fire regula-
tions.

20. The company shall comply with such regulations as 45
may from time to time be made by the Lieutenant-Governor
in Council for the protection from fire of the woods and forests
adjoining the line of the railway, and shall also adopt the latest
appliances which are in use for the said purpose.

I<J1. If the railway company fails to comply with any of^.«°*^*y*^
the provisions contained in the last preceding section of regulations,
this Act, it shall forfeit to Her Majesty a sum not exceeding
$50 for every day during which such default continues,
5 to be recovered at the suit of the Attorney- General.

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No 263] BILL..

[1900.

An Act respecting Aid to Certain Railways.

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario enacts
as follows : —

1. There shall be granted out of the Consolidated Revenue Grants, to
^ Fund for the construction of the portions of railways herein- railways,
after mentioned, the sums following, that is to say : —

(1) To the Toronto, Lindsay & Pembroke Railway, between
a point fifteen miles east of Bancroft and a point at or near
Golden Lake, in the Township of South Algona, in the County

10 of Renfrew, a distance not exceeding 36 miles, a cash subsidy
of S3,000 a mile,— $108,000.

(2) To the Central Counties Railway for that portion
of the Rockland Branch of the said railway from Rock-
land to Clarence Creek, a distance of about seven miles, a

15 cash subsidy of $1,200 a mile,— $8,400.

(3) To the Central Ontario Railway from a point at
or near Bancroft to a point on the line of the Canada
Atlantic Railway Company, between Madawaska, and Whit-
ney, a distance not exceeding 40 miles, a cash subsidy of

20 $3,000 a mile,— $120,000.

(4) To the railway from the Town of Parry Sound south-
erly to connect with the Canada Atlantic Railway a distance
not exceeding five miles, a cash subsidy of $3,000 per mile, —
$15,000.

25 2. The grant herein made to the Central Counties Railway ^ . ,
Company shall be subject to the claims incurred in respect of Counties Ry.
the construction by said company of the branch between Rock- s^ant.
land and Clarence Creek, and the expenses incurred in deter-
mining the said claims against the said company in respect of

3Q the said branch, and shall be applied towards the payment of
the claims of workmen and other creditors, as aforesaid, and
the balance (if any) remaining after payment of such claims
and expenses shall be paid to the said company.

3. The gi-ant of $50,000 made by the Act passed in the Grant to

35 fifty-eighth year of Her Majesty's reign, chaptered thirty-six, interprovin-

towardsthe building of an interprovincial railway and passenger freed from

and trafiic bridge across the Ottawa River at or near Nepean certain condi-
^ ^ tions.

Grants to On
tario and
Rainy River
Ry. under
former Acts,

Conditions
attached to
subsidies.

Point, subject to the condition that the Province of Quebec
should contribute in like manner as this Province the sum of
$50,000, is hereby freed from said condition provided that the
other conditions under which the said grant was made are ful-
filled to the satisfaction of the Lieutenant-Governor in Council, 5
and subject to the further condition that evidence satisfactory
to the Lieutenant-Governor in Council is adduced that the
sum of $800,000 or more has been expended in the construction
of the said bridge and approaches.

4. The several grants made to the Ontario and Rainy River 10
Railway Company by the Acts passed in the fifty-eight year

of Her Majesty's reign, chaptered thiity-six; in the sixtieth
year of Her Majesty's reign, chaptered forty ; and in the
sixty-first year of Her Majesty's reign, chaptered twenty-two;
for the total distance of one hundred and seventy miles, are 15
hereby transferred to that portion cf the said company's rail-
way extending from a point at the westerly end of the thirty-
five miles described in the Act passed in the sixty-second year
of Her Majesty's reign, chaptered twenty-four, lor a distance
of one hundred and seventy miles, to a point at or near Fort 20
Francis, and the time for complying with the conditions on
which the grant was made by the said Act passed in the
fifty-eighth year of Her Majesty's reign, chapter thirty six,
is hereby extended for the period of two years from the six-
teenth day of April, one thousand nine hundred. 25

5. The subsidies hereby granted shall be subject to the
following conditions : —

1 Each of the said companies shall furnish such information
as to the location and plans of passenger and freight stations on
the line of its railway as may from time to tim^ be required 30
by the Commissioner of Public Works, and in every case pay-
ment of the said subsidies, shall be subject to compliance with
such directions as may be given by the Commissioner of Public
Works from time to time for the erection of stations and the
number of, and intervals at which stoppages shall be made at 85
such stations for the accommodation of the public.

2 Every company to which aid is granted by this Act shall
comply with such regulations as may from time to time be
made by the Lieutenant Governor in Council for the protection
from fire of the woods and forests adjoining the line of rail- 40
way, and shall also adopt the latest appliances which are in
use for the said purpose.

Lapse of sub 6. So much of the subsidies granted to each of the said
earned""* railways as is not earned within five years from the time of

the passing of this Act shall lapse and revert t ) the Consoli- 45

dated Revenue Fund of the Province.

Rolling stock 7. The subsidies hereby granted, and the subsidies granted
adianraan*" ^^ railway Companies by any Act heretofore passed and which

f acture .

have not been earned or assigned or hypothecated prior to the
passing of this Act, shall be further subject to the condition
that the companies to which the same are granted shall, as far
as practicable, construct, equip and operate their lines of rail-
5 way with railway supplies and rolling stock of Canadian
manufacture, whenever such railway supplies and rolling stock
can be procured as cheaply and upon as good terms in Canada
as elsewhere, having regard to quality and price among other
things, and unless the Lieutenant Governor in Council shall
10 approve of the same being procured elsewhere.

8. The grants aforesaid are raadesubject to thecondition that Companies
the company aidedshallnotamalgamatewithany other company, ^^^^f °°* *°
or lease or transfer the railway or its franchises or make pnol- with other
ing arrangements as to rates for freight or other charges, or companies, or

15 adopt any method for placing such railways under the manage tain cLsTof
ment or control, in whole or in part of any other railway or workmen,
railways in any manner whatsoever, without the sanction of
the Lieutenant-Governor in Council first had and obtained,
and also subject to the condition that no persons shall be

20 employed in the construction of the said roads who are sub-
jects of any country which has an alien labor law which ;
practically excludes Canadians from employment upon public
works of such country or on other works therein.

9. All the provisions of The Act to secure payment of wages Rev. Stat.
25 for Labour performed in the construction of Public Works and °ppi^y^' ^^^ *°

of The Act respecting Subsidies to Railways and to encourage
the manufacture of roAlway steel and iron in. the province,
shall apply to the subsidies granttd by this Act and the wages
paid on any of the said works shall be such as are generally
30 accepted as current for competent workmen in the respective
districts where such railways are to be constructed.

10. The Lieutenant-Governor or any person appointed by Deduction
him in that behalf is empowered to decide what persons are to 0°^^!!*°*^*°
receive payment out of the subsidy hereby granted to the Counties Ry.

35 Central Counties Railway and what sums are to be paid there- '"j^^g^f
out to workmen and to all other creditors to whom claims are creditors,
owing and which have been incurred in respect of building
the road of the said company between Rockland and Clarence
Creek, and the balance only remaining after making such pay-

40 ments and after deducting any expenses incurred in determin-
ing the same shall be paid to the company.

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No, 264.] "DTT T [190^

BILL.

An Act for granting to Her Majesty certain sums of
money to defray the expenses of Civil Govern-
ment for the year one thousand nine hundred
and for other purposes therein mentioned.

Most Gracious Sovereign:

WHEREAS it appears by messages from His Honour, the Preamble.
Honourable Sir Oliver Mowat, Lieutenant-Governor of
Ontario, and the estimates accompanying the same, that the
sums hereinafter mentioned in the Schedules to this Act are
required to defray certain expenses of the Civil Government
of this Province, and of the public service thereof, and for
other purposes for the year one thousand nine hundred ;
-May it therefore please Your Majesty that it may be enacted,
and it is hereby enacted by the Queen's Most Excellent Majesty,
by and with the advice and consent of the Legislative Assembly
of the Province of Ontario, as follows : —

1. From and out of the Consolidated Revenue Fund of this $3,926,651.08
Province, there shall and may be paid and applied a sum (not ex- Kra°ted out of
ceeding in the whole) of three million nine hundred and twenty- datedRevenue
five thousand six hundred and fifty-one dollars and eight ^^^^ ^^^ ^er-
cents, for defraying the several charges and expenses of the

Civil Government of this Province for the year one thousand
nine hundred as set forth in Schedule A to this Act ; and for
the expenses of Legislation, Public Institutions' Maintenance
and Salaries of the Officers of the Government and Civil Ser-
vice for the month of January, one thousand nine hundred and
one as set forth in Schedule B to this Act.

2. Accounts in detail of all moneys received on account of this Accounts to be
Province, and of all expenditures under Schedule A of this Act ^^^^igfative*^^
shall be laid before the Legislative Assembly at its next sitting. Assembly.

3. Any part of the money under Schedule A, appropriated Unexpended
by this Act out of the Consolidated Revenue, which may be moneys,
unexpended on the thirty-first day of December, one thousand

nine hundred, shall not be expended thereafter, except in the
payment of accounts and expenses incurred on or prior to the

said day; and all balances remaining unexpended after the
twentieth day of January next shall lapse and be written off.

Expenditure 4, The due application of all moneys expended under this
ed for to Her Act out of the Consolidated Revenue shall be accounted for to
Majesty. Her Majesty.

SCHEDULE A.

Sums granted to Her Majesty by this Act for the year one thousand nine
hundred and the purposes for which they are granted.

Civil Government.

To defray the expenses of the several Departments at Toronto

Lieutenant-Governor's Office S 3,805 00

Attorney-General's Department 17,900 00

Education Department 19,950 00

Crown Lands Department 63,750 00

Public Works do 26,650 00

Treasury do 31,375 00

Provincial Secretary's Department 19,100 00

Inspection Public Institutions 15,825 00

Audit, License and Justice Accounts 9,550 00

Registrar-General's Branch 12,125 00

Provincial Board of Health 7,900 00

Department of Agriculture 18,710 00

Insurance Branch 8,400 00

Neglected Children's Branch 5,000 00

Miscellaneous 9,550 00

$269,690 00

Legislation.
To defray expenses of Legislation $133,600 00

Administration of Justice.
To defray expenses of Administration of Justice $452,399 97

Education.

To defray expenses of : —

Public and Separate School Education $472,378 05

High Schools and Collegiate Institutes 114,675 00

Library and Museum 7,850 00

School of Practical Science 25,870 00

Public Libraries, Art Schools, Literary and

Scientific 57,500 00

Miscellaneous 18,530 00

Superannuated Public and High School

Teachers 61,300 00

$757,603 05

Public Institutions' Maintenance.

To defray expenses of : —

Asylum for the Insane, Toronto $101,131 00

Asylum for the Insane, London 132,270 00

Asylum for the Insane, Kingston 74,174) 00

Asylum for the Insane, Hamilton 120,612 00

Asylum for the Insane, Mimico 76,194 00

Asylum for Insane, Brockville 71,793 00

Asylum for Idiots, Orillia 62,817 00

Central Prison, Toronto 62,100 00

Ontario Reformatory for Boys, Penetan-

guishene 27,810 00

Institution for the Deaf and Dumb, Belleville. 45,246 00

Blind Institute, Brantford 32,242 00

Andrew Mercer Reformatory for Women and

Refuge for Girls, Toronto 24,275 00

$830,664 00

Immigration.
To defray expenses of a grant in aid of Immigration .... $7,125 00

Agriculture.
To defray expenses of a grant in aid of Agriculture .... $212,025 00

Hospitals and Charities.

To defray expenses of a grant in aid of Hospitals and

Charities $185,207 85

Maintenance and Repairs of Government and
Departmental Buildings.

Government House $ 9,096 31

Parliament and Departmental Buildings 41,356 35

Education Department (Normal School Build-
ing) 7,200 00

Miscellaneous 3,640 00

Maintenance and Repairs of GovERNivrENT and Depart-
mental Buildings. — Continued.

Normal School, Ottawa 4,400 00

Normal School, London 2,900 00

School of Practical Science 3,525 00

Agricultural College 6',700 00

Dsgoode Hall 8,840 00

^ $87,657 66

Public Buildings.

Asylum for the Insane, Toronto $ 5,373 00

do Mimico 5,290 00

Asylum for the Insane, London 17,764 00

Asylum for the Insane, Hamilton 8,512 74

Asylum for the Insane, Kingston 5,050 65

Asylum for the Insane, Brockville 11,715 00

Asylum for Idiots, Orillia 7,055 00

Central Prison, Toronto > 6,915 00

Reformatory for Boys, Penetanguishene .1,945 00

Reformatory for Females, Toronto . . . ., 3,744 00

Blind Institute, Brantford 4,225 00

Deaf and Dumb Institution, Belleville 4,8o0 00

Cobourg Asylum for Senile Patients 20,000 00

Agricultural College and Experimental Farm,

Guelph 4,720 00

Normal and Model Schools, Toronto 1,950 00

Normal and Model Schools, Ottawa 4,715 QO

Normal School, London 33,152 00

School of Practical Science, Toronto 5,700 00

Osgoode Hall, Toronto 1,300 00

New Parliament Buildings 3,965 00

District of Algoma 2,350 00

Thunder Bay District 400 00

Muskoka District 5,570 00

Parry Sound District 3,450 00

Nipissing District 1,000 00

Rainy River District 600 00

Reformatory for Boys, Oxford 30,000 00

Mining School, Kingston 5,700 00

$207,011 39

Public Works.

To defray expenses of Public Works $59,732 71

Colonization Roads and Mining Roads.
To defray expenses of Construction and Repairs .... $144,300 00

Charges on Crown Lands.
To defray expenses on account of Crown Lands $144,375 00

Refunds.

Education $ 1,000 00

Crown Lands 38,072 68

Asylum Lands 61,297 62

Municipalities Fund 729 96

Land Improvement Fund 2,156 42

1 $103,256 68

Miscellaneous Expenditure.

To defray Miscellaneous Expenditure $201,102 77

Unforeseen and Unprovided.

To defray unforeseen and unprovided expenses 50,000 00

Total estimates for expenditure of 1900 $3,845,651 08

SCHEDULE B. #

Sum granted to Her Majesty by this Act for the year
one thousand nine hundred and the purposes for
which it is granted.

To defray the expenses of Legislation, Public Institutions'
Maintenance, and for salaries of the officers of the
Government and Civil Service for the month of
January, 1901 $80,000 00

Total .' $3,925,651 08

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No. 265.] RTT.T. [1900.

An Act for granting aid to the sufferers by the late
disastrous fire in the Cities of Ottawa and Hull.

WHEREAS on the twenty-sixth day of April, 1900, a large Preamble,
part of the City of Ottawa and also a large part of the
City of Hull were destroyed by fire, and many hundreds of
persons were tliereby rendered homeless or suffered the loss of
their property and effects or were thrown out of employment,
-and whereas the said fire has occasioned and will occasion for
some time great distress and privation, and whereas it is
expedient tliat this Legislature should make provision for
granting aid to persons who have so suffered ;

Therefore, Her Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows : —

1. From and out of the Consolidated Revenue Fund of this Grant to
Province there shall and may be paid and applied a sum not ouawa fire
exceeding in the whole $25,000 for the purpose of granting
assistance to persons who have been rendered homeless or
thrown out of employment, or whose property has been des-
troyed, or who have otherwise suffered by the said fire.

2. The said monies shall be paid out and expended as may Moneys to be
be directed from time to time by the Lieutenant-Governor in Lteutenant-

Council. - Governor-in-

Council
. directs.

S. Accounts in detail of the monies so expended shall be Accounts to

laid before the Legislative Assembly at its next session. ^ ^^^^ before

2e5 ° •" LegisJative

Assembly.

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No. 266.] "DTT T [19^^-

BILL.

An Act to enable the City of Ottawa to issue deben-
tures to assist in defraying the losses occasioned
by the late Fire.

WHEREAS on the twenty -sixth day of April, 1900, a dis- Preamble,
astrous fire broke out in the City of Hull, in the Pro-
vince of Quebec, and spread to and overran a large part of the
City of Ottawa in the Province of Ontario ; and whereas many
hundreds of the inhabitants of the said Cities of Ottawa and
Hull and vicinity were rendered homeless by the said fire or
were thrown out of employment owing to the destruction of
of ^many lumbering and other manufacturing industries, and
otherwise suffered great loss and damage ; and whereas it is
necessary and expedient that the Municipal Corporation of
the City of Ottawa should be authorized as speed-
ily as possible to take measures for raising funds for the
relief of the suflferers by the said fire as well as to defray the loss
which has been sustained by the municipality of Ottawa;
and whereas it is deemed advisable in view of all the circum-
stances to enable the Municipal Corporation of the City of
Ottawa to raise the sum of $100,000 by the issue of deben
tures of the said city for the purposes aforesaid ;

Therefore Her Majesty, by and with the consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows :

1. It shall be lawful for the Municipal Council of the Cor-
poration of the City of Ottawa from time to time to pass a £rS?00O
by-law or by-laws for providing for the issue of debentures authorized,
under the corporate seal, signed by the Mayor, and counter-
signed by the Treasurer for the time being, for such sums of

not less than $100 each, and not exceeding in the whole the
sum of S100,000, as the Council of the said Corporation may
from time to time direct, and the principal sum secured by the
said debentures, and the interest accruing thereon, may be
made payable either in this Province or in Great Britain or
elsewhere.

2. The said council may raise money by sale or hypotheca- money^on
tion of the said debentures from iime to time as they may debentures,
deem expedient, and all moneys derived fiom such sale or
hypothecation shall be apphed towards the purposes of grant-
ing relief to sufierers by the said fire in the said Cities and

266

vicinity as set out in the preamble to this Act or to defray the
loss and damage sustained on account of the said fire by the
Municipality of Ottawa, either by the destruction of municipal
or school property or otherwise, and towards the restoration
of any such municipal or school property, as the council may
see fit.

Assent of 3. It shall not be necessary to obtain the assent of the

remiired!^*^* electors of the said city to the issue of the said debentures or

to the passing of any by-law directing the issue of the same or

to observe the formalities in relation thereto prescribed by

The Municipal Act

Irregularities ^- ^o irregularity either in the form of the said debentures

in form not to or of any by-laws authorizing the issue thereof shall render

debentures, ^^e same invalid or illegal or be allowed as a defence to any

action brought against the corporation for the recovery of the

amount of the said debentures and interest or any or either of

them or any part thereof.

Application
of general
provisions of
Rev. Stat.
c. 223.

5. Save as otherwise provided by this Act all the provi-
sions of The Miinicip'd Act with regard to by-laws for the
creation of debts, the issue of debentures therefor, and the
mode repaying the same and the levying of a special rate for
payment for the said debentures and interest thereon, or for
the sinking fund, if the by-law or by-laws passed under the
authority of this Act shall provide for a sinking fund, and as
to the accounts to be kept with reference to any debts so in-
curred, shall apply to any by-law or by-laws passed and to any
debentures issued under the authority of this Act.

266

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