Other words, &c., substituted for the hereby repealed; and the several and respective words, phrases and sentences set forth in the fourth column of the said Schedule, opposite to each of such first mentioned in the 4th column of words, phrases and sentences respectively, shall be and the same are hereby substituted above, as set forth the Schedule. The same how to apply. Acts to be construed as if such words, &c., in. repealed. for such first mentioned words, phrases and sentences, each for each respectively; and henceforth, the said substituted words, phrases and sentences instead of those for which they are so substituted as aforesaid respectively, shall be and shall be deemed and taken to have been the words, phrases and sentences used in the several and respective sections, sub-sections and provisoes of the said Acts respectively, in the third column of the said Schedule mentioned, opposite to each of such words, phrases and sentences respectively, and in the parts of such sections, sub-sections and provisoes therein particularly mentioned; and the said Acts, and all other Acts referring to the were contained there. same, shall be construed as if such substituted words, phrases and sentences had been there used in such respective sections, sub-sections and provisoes respectively, and in the parts thereof respectively in the said third column of the said Schedule mentioned as aforesaid, at the time of the passing of the said Acts respectively, any thing therein Inconsistent provisions contained to the contrary notwithstanding; and so much of the said "Upper Canada Municipal Corporations Law Amendment Act" of one thousand eight hundred and fifty, as makes any correction or amendment in or to any of such words, phrases or sentences other than those hereby made in or to the same, and so much of both or either of the said Acts as makes any other provision whatever contrary to or inconsistent with the provisions of this Act, or any provision whatever in any matter provided for by this Act, other than such as is hereby made in such matter, shall be, and the same is hereby repealed, and shall cease to be in force upon, from and after the day when this Act shall come into operation: Provided always, nevertheless, Firstly, that nothing in this Act contained shall render void or otherwise affect in any way, any thing heretofore done under the authority of the said Acts or either of them, but the same, unless it shall have been made the subject of proceedings at law actually instituted before the passing of this Act, or shall be made the subject of such proceedings within six calendar months next after the passing of this Act, shall be and the same is hereby ratified and confirmed, any thing herein contained to the contrary notwithstanding: And provided also, Secondly, that notwithstanding the repeal of fences, fine ones, the parts and provisions of the said Acts hereby repealed, all acts which might have comes into operation. been done, and all proceedings which might have been taken or prosecuted, relating to any offences or neglects which may have been committed, or to any matters which shall have happened, or to any moneys which shall have become due, or to any fines or penalties which shall have been incurred before the day on which this Act shall have come into operation, shall and may still be done or prosecuted, and the offences and omissions may be dealt with and punished, and the moneys may be recovered and dealt with, and the fines and penalties may be imposed and applied as if the said parts and provisions of the said Acts hereby repealed continued in force. Proviso: Things per formed under Acts, unless made the subject of legal proceedings in certain cases. Proviso: As to of &c., before this Act Short titles by which U. Canada may be cited. XXXVII. And be it enacted, That in pleading, citing or otherwise referring to the certain Acts relating to Act of the Parliament of this Province, passed in the twelfth year of Her Majesty's Reign, chaptered amongst the Public General Statutes of the Session in which the same was passed, as chapter eighty, and intituled, An Act to repeal the Acts in force in Upper Canada, relative to the establishment of local and Municipal Authorities, and other matters of a like nature, it shall in all cases whatsoever be sufficient to use the expression, "The Upper Canada original Municipal Authorities Repeal Act of 1849," or words of equivalent import; that in pleading, citing or otherwise referring to the Act passed in the same year, chaptered eighty-one, and intituled, An Act to provide by one General Law for the erection of Municipal Corporations, and the establishment of Regulations of Police, in and for the several Counties, Cities, Towns, Townships and Villages, in Upper Canada, it shall in all cases whatsoever be sufficient to use the expression, "The Upper Canada Municipal Corporations Act of 1849," or words of equivalent import; that in pleading, citing or otherwise referring to the Act passed in the Session of the said Parliament, in the thirteenth and fourteenth years of Her Majesty's Majesty's Reign, chaptered amongst the Public General Statutes of the said Session, as chapter sixty-four, and intituled, An Act for correcting certain errors and omissions in the Act of Parliament of this Province, passed in the last Session thereof, intituled, An Act to provide by one General Law for the erection of Municipal Corporations, and the establishment of Regulations of Police, in and for the several Counties, Cities, Towns, Townships and Villages, in Upper Canada,' for amending certain of the provisions of the said Act, and making some further provisions for the better accomplishment of the object thereof, it shall in all cases whatsoever be sufficient to use the expression, "The Upper Canada Municipal Corporations Law Amendment Act of 1850," or words of equivalent import: And that in pleading, citing or otherwise referring to this present Act, it shall in all cases whatsoever be sufficient to use the expression, "The Upper Canada Municipal Corporations Law Amendment Act of 1851," or words of equivalent import; and that in pleading, citing or otherwise referring to the said Acts, or to the said Acts or any other Acts that may be hereafter passed, touching or concerning, or in any wise relating to such Municipal Corporations generally, it shall in all cases whatsoever be sufficient to use the expression, "The Upper Canada Municipal Corporations Acts," or words of equivalent import, which shall in all such cases be understood to include and refer to such and so much of the said Acts as shall be in force at the time referred to, touching or concerning or in any wise relating to such Municipal Corporations: Provided always, nevertheless, that in all Legislative Enactments wholly confined in their operations to that part of this Province called Upper Canada, the use of the words, "Upper Canada," or words of equivalent import, in any of the expressions above mentioned, shall not be deemed necessary for the purpose aforesaid, but in every such case, the expression shall have the like effect as if such words were contained therein. 255* SCHEDULE "It shall be the duty of the Collector (to the end of the section). tions and Provisoes of 12 Vic. cap. 81, 13 & 14 Vict. cap. 64, sec. 8. Schedale A, No. 1. 12 Vic. cap. 81, sec. 8, 13 & 14 Vict. cap. 64, Schedule A, No. 1. 12 Vic. cap. 81, Sec. 13. 12 Vic. cap. 81, sec. 22. At the beginning of the section. WORDS, PHRASES AND SENTENCES SUBSTITUTED FOR THOSE BY THIS ACT REPEALED. "That no such by-law." "For that purpose to abolish the said Division into Wards or " "Four fifths" "It shall be the duty of the Returning Officer for every such Township or rural ward to procure a correct copy of the Collector's roll for such Township or ward for the year next before that in which the election shall be holden, so far as such roll contains the names of all male freeholders and householders rated upon such roll, in respect of rateable real property lying in such Township or ward, with the amount of the assessed value of the real property for which they shall be respectively rated on such roll, which copy shall be verified by the affidavit or affirmation of such Collector, or of such other person as may have the legal custody of the original roll for the time being, and also by that of such Returning Officer, to be appended to or endorsed upon such copy, and which affidavits or affirmations shall be taken respectively before any Justice of the Peace for the County, or other officer having authority to administer an oath or affirmation for any purpose under this Act, and which affidavits or affirmations shall be to the effect, that such copy is a true copy of such roll, as far as the same relates to such Township or ward, and all male freeholders or householders rated upon such roll in respect of rateable real property lying in such Township or ward, with the amount of the assessed value of the real property for which they are so rated respectively; and no person shall be qualified to be elected a Town-hip Councillor, at any such election, who shall not be a freeholder or householder of such Township or ward, seized or possessed of real property held in his own right or that of his wife as proprietor or tenant thereof which shall be rated on such Collector's Roll in the case of a freeholder, to the amount of one hundred pounds or upwards, and in the case of a householder to the amount of two hundred pounds or upwards, and the persons entitled to vote at such election shall be the freeholders and householders of such Township or ward, whose names shall be entered on the said roll as rated for rateable real property, held in their own right or that of their wives respectively, as proprietors or tenants thereof, and who at the time of such election shall be resident in such Township or ward. Provided always nevertheless, firstly,―That the occupant of a house, built of logs, whether hewn or unhewn, shall be considered a householder within the meaning of this Act, in case he shall be rated SCHEDULE 5 Number. therefor as a householder upon such Collector's roll as aforesaid. Provided also, secondly, That the occupant of any separate portion of a house, having a distinct communication with a public road or street by an outer door, shall also be considered a householder within the meaning of this Act, in case he shall in like manner be rated therefor, as a householder, upon such Collector's roll as aforesaid. Provided also, thirdly,-That whenever both the owner and occupant of any such real property shall be so rated in respect of such rateable real property, the owner and the occupant shall both be deemed rated within the meaning of this section: And provided also, fourthly,-That where any such real property shall be owned or occupied jointly by more than one person, and the amount at which the same shall be so rated, shall be sufficient, if equally divided between them, to give a qualification to each, then and in every such case, every male whose name shall appear on such roll, as one of the joint owners or occupants of such real property, shall be deemed a person rated within the meaning of this section; but if the amount at which such real property shall be so rated shall not be sufficient, if so divided, to give a qualification to each of such joint owners or occupants, then, none of such owners or occupants shall be deemed a person rated within the meaning of this section." "Communication within such Township." 12 Vic. c. 81, sec. 31; sub-section 10, between the words "or other" and the words "and for " "Communication within such Township, or between such Township and any adjoining Township, City, Town or incorporated Village, and for entering into, performing and executing any arrangement or agreement with the Municipal Corporations of any such adjoining Township, City, Town or incorporated Village, for the execution of any such work at the joint expense, and for the joint benefit of the Municipal Corporations of such Township, City, Town or Village, and the people they represent respectively." "in money therefor. Provided always nevertheless, that the power by this and the next preceding sub-section conferred, shall not extend, or be construed to extend, to the statute labour or the commutation money, payable instead thereof, of any person residing upon or whose lands are bounded by any Township line or road between two or more Townships in the same County, or between such County and any adjoining Counties or County, or between one or more Townships, and any City, Town or incorporated Village lying on the bounds or within the boundaries of such County." 66 7 not exceeding twenty days" 12 Vic. c. 81, sec. 31; sub-sec. 29, 13 & 14 Vic. c. 64, schedule A, No. 6. "not exceeding twenty days, and either with or without hard labor, in case of non-payment of any such fine, and there being no distress found out of which the same may be levied for the breach." SCHEDULE 12 Vic. c. 81, sec. 35. At the end of the section. "and for establishing the 81. rates" or maintained at the public expense of such County" 11" it shall be the duty of the Returning officer" (to the end of the section). 12 Vic. c. 81, sec. Sub-sec. 4, and 13 & 14 Vic. c. 64, Schedule A, No. 14. 66 "meetings of such Municipal Council; Provided always, nevertheless, that in case of an equality of votes on any such election of County Warden, the member of such Municipal Council present at such election, who shall be the Reeve (or in his absence the Deputy Reeve, if there be one, and he be present) for the Township, Town or Village which shall have had the greatest number of freeholders and householders upon the Collector's Roll thereof for the next preceding year, shall have a second or casting vote in such election; and in the event of there being more than one of such Townships, Towns or Villages having a greater number of freeholders or householders on their respective Collector's Rolls than the rest, but as amongst themselves an equal number of such freeholders and householders, it shall be decided by lot between the Reeves or Deputy Reeves of such Townships, Towns and Villages having such equality, which of them shall have the second or casting vote on such election, and such Reeve or Deputy Reeve shall have such second or casting vote accordingly." "And for establishing as well the amount to be paid into the Corporation Treasury for such license, as the rates." 12 Vic. c. 81, sec. or maintained at the public expense of such County; and 12 Vic. c. 81, sec. "it shall be the duty of the Returning Officer for every such incorporated Village to procure a correct copy of the Collector's Roll for such Village, for the year next before that in which the Election shall be holden, so far as such Roll contains the names of all male freeholders and householders rated upon such Roll, in respect of rateable real property lying in such Village, with the amount of the assessed value of such real property for which they shall be respectively rated on such Roll, which copy shall be verified in like manner as the copies of Collectors' Rolls for Township Elections, as hereinbefore provided; and no person shall be qualified to be elected a Village Councillor at any such Election who shall not be a freeholder or householder of such Village, seized or possessed of real proporty held in his own right or that of his wife as proprietor or tenant thereof, which shall be rated on such Collector's Roll in the case of a freeholder, to the amount of Ten Pounds per annum or upwards, and in the case of a SCHEDULE |