Police Board By-laws
(1834)
Original 1834 document heading

Be it enacted by the President and Members of the Board that any person who shall be guilty of any of the Offences herein mentioned shall be subject to the penalties hereinafter prescribed. To Wit:

1: Any person who shall on Sunday do any servile work or labour (works of piety, charity and necessity excepted) or buy or sell or show forth or expose for sale any Goods, Wares, or Merchandise, or any other thing, shall forfeit a sum not exceeding thirty shillings for such offence, in the discretion of the Magistrate convicting. For the better observance of the Sabbath:
2: That any person or persons firing any Musket, pistol, squib, or fire-balls within the streets or inclosures [sic] of this town shall be liable to a fine of not less than ten shillings. Firing of guns, &c not permitted:
3: That any person bathing within one quarter of a mile West of the Western Pier or one eighth of a mile East of the said Pier after twilight in the morning or before twilight in the evening shall be liable to a fine of not less than two and sixpence nor more than ten shillings. Bathing and exposing naked bodies in front of the town not allowed:
4: That any person or persons seen Shooting or making use of Guns or other fire-arms; or Fishing on a Sunday within the limits of this town, shall upon conviction pay a fine of not less than ten shillings.Fishing, shooting &c forbidden on the Sabbath:
5: That any person Racing, Riding, or driving at an immoderate rate through the streets of the Town, shall on conviction pay a fine not exceeding thirty shillings. Immoderate Riding or driving finable:
6: That any person who shall lead, ride, or drive any Horse or Carriage on any flagging or side walk within the limits of the town, except on entering [sic] any yard or inclosure; shall for every such offence forfeit and pay the sum of two and sixpence. Riding &c driving on Side Walks:
7: That any person found riding or driving any description of Sleigh within the limits of the Town from and after the Fifteenth of December in each year without having two or more Bells affixed to the harness of the Horse drawing the same; shall for every such offence forfeit, and pay a sum not exceeding ten shillings. Sleighs without Bells to be fined:
8: That any Oxen, Horses, Cows, Sheep or Swine found trespassing on any Garden or other property within the town, the same being enclosed by a wood fence, shall be liable to be impounded, and held subject to any damage sustained; and if any dispute arise between the proprietor of the Garden or other property and the owner of the Animal or Animals impounded, it shall and may be lawful for the Pound-Keeper to call upon the Assessors of the Town to Assess the damage and the amount so awarded shall be considered final and conclusive; and the said Assessors shall be entitled to the sum of 2/6 each for their trouble, and in default of payment the distress sold by Public Auction on the Pound-Keeper giving four days notice if the owner lives within the limits of the town, and ten if otherwise, and the overplus if any, to be paid to the owner after deducting costs and charges. Oxen, Horses, Cows, Sheep or Swine found trespassing to be impounded:
9: That any Swine found running at large within the limits of the town shall be liable to be impounded and held subject to the payment of 1/3 (when no damages are sustained) besides poundage fees, and if not released by the owner or owners within twenty four hours, the animal or animals to be advertised, giving three days' notice (if owned within the limits of the town) and if no claimant appears and there shall be reason to suppose that the animal or animals are owned by persons living out and at a distance from the precincts of the town a notice of ten days shall be given and then if not sooner released they shall and the Pound-Keeper is hereby empowered, to sell them at the expiration of the ten days at 1 o'clock in the afternoon, and after deducting therefrom fees and expences [sic] for keeping the same, the balance if any shall be paid to the owner, and in case no claimant appears to be paid into the hands of the Treasurer subject to the order of the Board. Swine running at large to be impounded:
10: That any person convicted of rescuing or attempting to rescue any Swine, Cattle, Horses, or Sheep, taken up in conformity with any regulation or order of the Board, shall forfeit and pay a sum not exceeding twenty shillings for every such offence. Rescuing Swine, Cattle, Horses or Sheep:
11: That all and every person or persons keeping a victualling House or Grocery within the town where bread and other provisions and liquors not distilled are sold to be eaten and drank therein, or who shall hereafter open a house therein for such purpose he, she, or they are hereby required to take out a Licence for so doing, which Licence shall be granted by the Corporation and for which he, she, or they shall pay the sum of two pounds and ten shillings. Grocery Licence:
12: That if any person after the first day of July next 1834 shall continue to keep open a House or Grocery within the Town, where bread, and other provisions, and liquors, not distilled, are sold to be eaten and drank therein, or who shall presume after the first day of July next aforesaid, to open a house for such purpose, without having obtained a Licence so to do, he, she, or they shall forfeit and pay the sum of One pound and ten shillings.Groceries without Licence fineable:
13: That all Licences to be granted for victualling Houses and Groceries shall end on the first day of July in each and every year; or on the Monday following if the first day of July should happen to be on Sunday. Time for granting Licences:
14: That the Bar-room doors of all Public Houses and Groceries be closed for the night at ten o'clock in the evening, and shall be kept closed during the whole of the Sabbath Day (except for the admittance of travellers not inhabitants of the town) under a penalty not exceeding thirty shillings. Doors of Public houses to be closed at 10 o'clock:
15: Any person or persons challenging each other to fight, or fighting within the limits of the town, shall for every such offence forfeit and pay a fine of not less than ten shillings nor more than thirty.Challenging to fight:
16: That any person or persons who shall suffer drinking, gaming, or fighting, or any other disorderly conduct in the house occupied by him, her, or them, to the disturbance and annoyance of his, her, or their neighbours, shall for each and every such offence, forfeit and pay the sum of twenty shillings. Drinking, gaming, fighting, &c not allowed:
17: That any person or persons shall injure or destroy any tree or trees planted for shade or ornament in the town, or who shall pull down or deface any Sign-Board or who shall inscribe or draw any indecent words figures or pictures on any building, Wall, fence or other public place within the town, or who shall be guilty or raising or making any disturbance in any place or places of public worship; or of profane Oaths, cursing, execrations, drunkeness, uncleanness, or other scandalous behaviour, or any disturbance by noise or otherwise to the annoyance of the inhabitants of the town, shall for each and every of the said offences, forfeit and pay a sum not exceeding One pound and ten shillings, nor less than five shillings in the discretion of the Corporation. Cursing, swearing, obscenity, wilful [sic] defacing &c:
18: That if any person or persons shall after the first day of July 1834 sell and expose for sale within this town any Wheaten Bread at any greater or higher price than Seven Pence for every Loaf weighing four pounds, and so in proportion for every Loaf weighing more or less, he she or they shall forfeit and pay at the rate of one shilling and three pence per oz. for whatever is wanting in the weight which every such Loaf purports to be of, and that if any person or persons shall after the first day of July sell or expose for sale within this town any Bread without the weight of each Loaf being marked thereon; he she or they shall forfeit and pay the sum of 2/6 for every such offence: and further if any person or persons shall knowingly put into any Wheaten Bread made for sale any mixture of meal or flour of any other sort of grain than the same shall import to be, or shall adulterate any Wheaten Bread which shall be made for sale with any mixture or ingredient not allowed to be used in the making of Bread; shall forfeit and pay for each and every of the said offences the sum of fifteen shillings. Regulations relating to Price of Bread, Weight, measure, &c:
19: That any person who shall fill up or obstruct any Water-course along the side walks or on the flagged footways or pavements in the street or who shall take up or remove without permission of the Street Surveyor or shall in anywise injury the flagged footways or pavements shall forfeit and pay for every such offence the sum of twenty shillings. Fine for injuring or disfiguring footpaths, pavements water courses, &c:
20: That any person having deposited or caused to be deposited or who shall hereafter deposit or cause to be deposited in any street of the town timber, boards, plank, stones, brick, lime mortar or other materials for building and who shall refuse or neglect to remove the same within twenty-four hours after having been directed by the Street Surveyor so to do shall forfeit and pay a penalty of twenty shillings for every such offence, and the further sum of ten shillings for every twenty-four hours thereafter the same shall be suffered to remain: Provided that this regulation shall not extend to persons requiring such materials for immediate use, and occupying therewith not more than half the width of the street, opposite the site of the intended building.No Timber &c allowed to remain in the Street except for immediate use in building:
21: That any person depositing in any street of the town any firewood, Cart Waggon or other Carriage, Cask, Case, Rubbish, or filth of any description except with the intention of immediate removal and who shall neglect forthwith to remove the same upon being directed by any Member of the Corporation, or the Street Surveyor so to do shall forfeit and pay the sum of five shillings for every such neglect or refusal.No Street nuisance of any description allowed:
22: That any person or persons who shall leave or place or cause to be left or placed or suffer or permit his or her servants to leave or place, any dead animal carrion, or putrid meat or entrails of any animal, or fish, vegetables, dung, chips, or any other nuisance of whatever kind in any Street of the town, or on the shore or bank of the Creek within the limits of the town, or any person occupying any Lot, or part of a Lot in the town who shall suffer any putrid meat or flesh or carrion, to be and remain upon such Lot or part of a Lot, or who shall place the same on any vacant or unoccupied Lot, shall forfeit and pay the sum of five shillings for each and every twenty-four hours such nuisance shall so remain; notice being first given by the Street Surveyor or any officer of the Corporation to remove the same.No nuisance allowed to remain on any Street Lot or part of Lots:
23: That any person who shall burn any Coal-pit within the limits of the town without permission of the Board shall forfeit and pay for such offence the sum of thirty shillings, and shall be liable to a fine of ten shillings per day for every day the same shall be kept burning after having received notice to discontinue the same by any Member of the Corporation, or the Street Surveyor.Burning of Coal-Pits not permitted:
24: Every Chimney or Flue in which a fire is commonly made shall from the first day of November to the first day of April, in every year be swept at least once in every four Weeks; and when the same is daily used as Kitchens and Manufactories once in every four Weeks throughout the year in the same manner by the Tenant or person authorised; and every person refusing or neglecting to comply with this regulation shall forfeit and pay on conviction thereof, a sum not exceeding thirty shillings nor less than ten shillings.Sweeping Chimney:
25: That all Pound-Keepers appointed under this Board shall render an account on or before the first Monday in each month to this Board of all Penalties received by them, and pay over the same to the Treasurer within twenty-four hours thereafter, under the Penalty of thirty shillings.Pound-Keepers to give in a monthly account, and to pay to the Treasurer monthly all monies received by them:
26: No person shall exercise the office of Pound-Keeper within the limits of the town unless appointed by the Board, and if any person shall exercise such office he shall for every such offence forfeit a sum not exceeding thirty shillings.
27: Any person who shall refuse or neglect to signify to the Clerk of the said Corporation in writing his dissent to enter upon the service of any Office to which he may be appointed by the said Corporation for the space of three days after receiving notice of such appointment; shall forfeit and pay a sum not exceeding one pound & ten shillings for every such neglect or refusal.Note: an additional Bye-Law substituted - Sect. 35:
28: That shall be the duty of the Assessors to take down every Lot occupied or not occupied within the limits of the town; if occupied the nature of the title, and every Lot on which a house is erected, and the persons residing within the limits of the town are required to define the Lot on which there is a building. viz: The Ward in which it is situated the Lot and what part of it, so that no doubt can be entertained as to the identical building, house, and Lot: Any Person neglecting or refusing to give any or all of these particulars, on the information or complaint of the Assessor or Assessors shall be subject and liable to pay a fine of thirty shillings, and in the event of their still refusing after being subjected to the foregoing penalty, it shall and may lawful for the Assessor or Assessors to call again on any person refusing as aforesaid, and should he still persist in his refusal to identify the Lot he shall be subject on information and complaint to a further fine of thirty shillings, and in like manner for every subsequent refusal, and the Assessors are strictly enjoined to carry this order into effect.For the better identifying property and qualifications consequent upon it with the duty of Assessors:
29: Any person who shall disobey the Summons, Order, or Subpoena of the Board, shall for every such offence forfeit and pay a sum not exceeding thirty shillings, and it shall be the duty of all officers of the Corporation whether especially required as a part of their duty so to do, or not, to prosecute to conviction all offences against the laws of the said Corporation.Disobeying Subpoena or Order of the Board:
30: That any person who shall be guilty of obstructing any Bailiff, Constable or other officer of the Police in the exercise of his or their duty shall forfeit and pay a fine not exceeding thirty shillings.Obstructing Bailiffs, Constables or other officers in the execution of duty:

Additional Regulations adopted by the Board on the 15th day of July, 1834
31: Any Person who shall wilfully assault another, shall be subject to a fine of not less than 10/. Assault fineable:
32: No person shall be allowed to exhibit any Wax Figures Puppet Shows, Rope, or Wire Dancing, Sleight of Hand or any sort of Conjuring in the town of Port Hope without first paying a Licence of £2.10 for every such Exhibition.Rope Dancing &c to be Licenced:
33: No person or persons shall be allowed to exhibit within the said town or expose to view any Caravans of Wild Beasts or other animals or exhibit pictures for the purpose of gain or get up any theatrical Entertainment for public admission [?] without first taking out a Licence for every such exhibition, which shall be subject to a charge of £1.10.Exhibition of Wild Beasts, &c require a Licence:
34: Any person or persons keeping a Ball-Alley or place where what is generally termed Bowls and Nine Pins are played without first taking out a Licence (for which he, she, or they shall pay the sum of £2.10) shall be subject to a fine of 30/ for every time the same is used and the proprietor or proprietors of any such board or Alley shall not suffer the same to be used after 8 o'clock in the evening, neither shall he, or they suffer any servants or Apprentice-Boy to play therein; neither shall he or they allow any gambling, or games played for wagers therein, under the penalty aforesaid.Ball Alley Licence necessary:
35: Any person or persons who may be unwilling to accept any office to which he or they may be appointed by the board shall upon receiving notice of such appointment from the Clerk, signify in writing their dissent to enter upon the duties of the said office, within four days after such notice; otherwise to be liable to a fine of 10/.Refusal of appointments from the Board:
36: That all owners of Houses in the town of Port Hope shall on or before the 15th day of August next provide and keep in repairs one Ladder to reach the Eve [sic] of his or their dwelling House or Houses; and two others to reach from the Eve to the top of the Roof thereof, to be placed as occasion may require, under a penalty of not less than 5/ nor more than 30/.Ladders to be provided by every House-owner:
37: That all Officers of the Board of Police who shall wilfully neglect or refuse to perform the several duties of their respective Offices; shall be liable (upon due complaint and proof of such refusal or neglect) to pay a fine of not less than 5/.Neglect of duty in the Officers of Board fineable:

Additional unnumbered regulations
That any Person or Persons, who, shall be guilty of any disorderly, or impertinent conduct before this Board, shall be subject to fine, or imprisonment, at the discretion of the Board. Police Board:
That William Lee, William Furby, and William Mitchell (Fire Wardens), appointed by the said Board, do forthwith enter upon their respective duties of Office, by examining all Dwelling Houses, Warehouses, Shops, Yards and outhouses; to ascertain whether any such places are in a dangerous state with respect to fire, and to direct them to be put in a safe and secure condition, and also, to give such general orders and directions respecting Stove Pipes, Flues, deposits for Ashes &c, as may appear to them discreat [sic] and necessary for the general safety of the Town; and to report without delay to the Board: Any Person or Persons neglecting or refusing to comply with such directions, given for the purposes aforesaid, shall be subject to fine or imprisonment at the discretion of the Board.

Any Person or Persons riding, or driving faster than a walk over the Bridge in Walton Street shall be liable to a fine of Two Shillings, and any Member or Officer of the said Board, are hereby authorized to stop any Person so riding or driving untill [sic] such fine is paid, together with cost of prosecution.

Boiling of Oils, Varnish &c, are prohibited in the more populous parts of the town upon pain of fine or imprisonment at the discretion of the Board.

Passed the 23rd of Oct:
That, any three Members of the Board of Police, shall constitute a Quorum; and, may appoint a Chairman; and proceed with business in the absence of the President.Passed 18th Apr 1836:

A notation in this document states that these By-Laws were rescinded 12 May 1845 and replaced.

Peter and Barbara Bolton - Port Hope, Ontario
www.alivingpast.ca