088B
COUNTY OF ELGIN
B)
(
88
By-Law No
PUBLIC
MAKE PROVISION FOR THE PRESERVATION OF THE
TO
MORALS AND PREVENT THE PROFANATION OF THE LORDS DAY IN
Passed 7th November 1860
COUNTY OF ELGIN
THE
WHEREAS under the provisions of the Act 22nd
Victoria Chapter 54 Section 282nd of the Consolidated
Statutes of Upper Canada power is given to the Council
of every County, City and Town to pass By-Laws for cer-
tain purposes and more particularly for those set forth
in the 282nd Section of the said Act for the preserva-
tion of public morals and for the due observation of the
Sabbath according to law.
BE IT THEREFORE enacted by the Municipal Coun-
cil of the County of Elgin -
That in pursuance and in accordance with the
provisions of the Act 22nd Victoria Chapter 104 of the
Consolidated Statutes of Upper Canada entitled "An Act
to prevent the profanation of the Lords Day commonly
called Sunday in Upper Canada."
It shall not be lawful for any person or persons,
Merchant, Tradesmen, Artificer, Mechanic, Workman, Labourer
or other persons whatsoever on the Lords Day
to sell or publicly shew forth or expose or offer for sale
or to purchase any goods, chattels or other personal pro-
perty or any real estate whatsoever, or to do or exercise
any worldly labour, business or work of his ordinary call-
ing (conveying Travellers or Her Majestys Mail by land or
by water, selling drugs or medicine and other works of
necessity and works of charity only excepted).
It is not lawful for any person on the Lords
Day to hold, convene or to attend any public political
meeting, or to tipple, or to allow or permit in any Inn,
Ta~ern, Grocery or house of public entertainment, or to
revel or publicly exhibit himself in a state of intoxi-
cation, or to brawl or use profane language in the public
streets or open air, so as to create any riot or distubbance
or annoyance to Her Majestys peaceable subjects in any
street or public place in the said County of Elgin.
(Cont'd)
Page 2
B)
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88
By-Law No
It is not lawful for any person on the Lords Day
to play at skittles ball, football, racket or any other
noisy game or to gamble with dice or otherwise, or to run
races on foot, or on horseback or in carriages, or in ve-
hicles of any sort in said County.
Except in defence of his property, from any
wolf or other ravenous beast or a bird of prey, it is
not lawful for any person on the Lords Day to go out
hunting or shooting, or in quest of or ~o take, kill or
destroy, any deer or other game or any yild animal, or
any wild fowl or bird, or to use any dog, gun, rifle or
other engine, net or trap, for the abov1 mentioned pur-
pose on Sunday in this County. I
It is not lawful for any pers?n on the Lords Day
to go out fishing or to take, kill or destroy any fish, or
to use any gun, fishing rod, net or othtr engine for that
purpose on Sunday.
It is not lawful for any person on the Lords
Day to bathe in any exposed situation i~ any water within
the limits of any incorporated city or town or within view
of any place of public worship or private residence on
Sunday in this County. The foregoing ciauses respecting
the Lords Day not to extend to the peopie called Indians.
I .
AND IT IS FURTHER enacted by the authorlty of
the 282nd Section of the Act first herèln recited respecting
Public Morals
That it shall not be lawful for any person to
sell or give intoxicating drink of any èort to any child,
apprentice or servant within this County without the con-
sent of the parent, master, legal proteftor or physician
of such person or child. i
That it shall not be lawful fbr any person to
post or cœrculate any indecent placards I writings, or pic-
tures or the writing of indecent words, [or the making of
indecent pictures or drawings on walls ?r fences in any
streets or public places in this County!
That it shall not be lawful flr any person to
utter or make use of any profane oath, br any obscene, in-
decent, blasphemous or grossly insultin~ language in any
of the streets or public places or highWlays within said
County.
I
not be lawful for any person or
of ill fame wittin said County
I
I
I
I
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Cont'd
(
That it shall
to keep a house
persons
Page 3
B)
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88
By-Law No
That it shall not be lawful for any person tò
be drunk or guilty of any drunkenness or disorderly con-
duct in any of the public streets, highways or public
places in this County.
That it shall not be lawful for any person in-
decently to expose his or her person or to be guilty of
any indecent, immoral or scandalous behaviour in any streets,
highway or public place within said County.
That it shall not be lawful for any person or
persons to be horse racing on any of the public streets
or highways in this County.
That it shall not be lawful for any person or
persons to keep a gambling house in said County and that
all faro banks, rouge et noir, roulette tables and other
devices for gambling found therein shall be seized and
destroyed.
That it shall not be lawful for any person to
bathe or indecently expose his or her person by washing
in any waters within this County lying or running near
any public highway between the hours of six o'clock in
the.morning and eight at night unless provided with and
clothed in a proper bathing dress sufficient to prevent
any indecent exposure of their persons
AND BE IT enacted by the authority aforesaid
that any person or persons guilty of a violation of any
of the provisions of the By-Law shall upon conviction
before any Justice or Justices of the Peace having juri
sdiction in the said County of Elgin be liable to a fine
of not more than twenty dollars nor less than one dollar
to be collected by distress and sale of goods and chattels
of said offender or offenders and in case no goods or
chattels are found belonging to the said offender or of-
fenders as a£oresaid on which to levy any fine or fees
as aforesaid it shall be lawful for any such Justice or
Justices of the Peace in their discretion to commit the
offender or offenders to the common Goal or lock up in
the said County of Elgin for a period not exceeding eight
days nor less than one day with or without hard labour
as the said Justice or Justices may determine
AND BE IT FURTHER enacted that all fines and
penalties imposed and collected under and by virtue of
the By-Law shall belong to and be appropriated to the
use and benefit of the Municipality in which the offence
was committed (except when the offence is the profana-
tion of the Lords Day in which case one moiety of such
fine shall be paid to the person charging the offence
in writing before the Justice and the other moiety to
the Treasurer of the County.
(Cont'd)
By-Law No. 88 (B) Page 4
AND IT SHALL be the duty of the County Clerk
to furnish Municipal Clerks, Councillors and Magistrates
in the County with printed copies of this By-Law for the
purpose of being put up in conspicuous places.
AND IT IS enacted that this By-Law shall take
effect from and after the date of the passing thereof.
Passed in Council this 7th day of November
one thousand eight hundred and sixty
William McKay James Armstrong
Clerk Warden
County of Elgin
Read a first time 7th November 1860.
Certified - W. McKay Clerk
Read a second time 7th November 1860.
Certified - W. McKay Clerk
Read a third time and finally passed 7th November 1860
Certified - W. McKay Clerk