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Case of a drain

being used by

cipality.

tion to make from time to time the necessary repairs to preserve and maintain the same; and shall be liable to pecuniary damage to any person who or whose property shall be injuriously affected by reason of such neglect or refusal and in any case wherein after such deepening or drainage is fully raade and completed, the same has not been continued into any other municipality than that in which the same was commenced, or wherein the lands or roads of any such other municipality are not benefited by such deepening or drainage, it shall be the duty of the municipality making such deepening and drainage, to preserve, maintain, and keep in repair the same at the expense of the lots, parts of lots and roads, as the case may be, as agreed upon and shown in the by-law when finally passed Provided always, that the council may from time to time change such assessment on the report of an engineer, appointed by them to examine and report on such drain deepening and repairs.

17. Should a drain already constructed, or hereafter constructanother muni- ed, by a municipality, be used as an outlet, or otherwise by another municipality, company, or individual, such municipality, company or individual using the same as an outlet or otherwise, may be assessed for the construction and maintenance thereof in such proportion and amount as shall be ascertained by the engineer or arbitrators, under the formalities provided in the preceding sections.

Deposit with

of Public Works of copies of plans, &c.

18. Any Township Municipality proposing to undertake Commissioner works under the provisions of this Act may, after the expiration of the time limited for an application to quash the bylaw, deposit with the Commissioner of Public Works authenticated copies of the plans, specifications and estimates of the works and of the by-law; and may apply for the purchase of the debentures authorized thereby.

Commissioner of Public Works to

report as to investment.

Purchase out

Fund of debentures.

19. The Commissioner of Public Works shall investigate and report to the Lieutenant Governor in Council, as to the propriety of the investments proposed in such applications, in the order of time in which they are deposited; and such reports shall be disposed of by the Lieutenant-Governor in Council in the order of time in which the same are made.

20. The Lieutenant-Governor in Council may from time to of Cons. Rev. time in his discretion invest any surplus of the Consolidated Revenue Fund, not exceeding in the whole at any one time the sum of two hundred thousand dollars, in the purchase of any debentures issued under any by-law so deposited as aforesaid in respect of which the Commissioner of Public Works shall certify to the propriety of the investment.

Per centage

to be advanced on debentures.

21. On any such investment not more than eighty-five per centum of the par value of the debentures shall be advanced until after the Commissioner of Public Works has reported that

the

the works have been inspected and are completed; and any expenses in connection with the investigation and inspection made under this Act shall be deducted from the amount retained.

22. After any such investment has been made, the deben- When Debentures shall not be questioned and shall be deemed to be valid to tures unquesall intents and purposes.

tionable.

Commissiouer

investment.

23. The Commissioner of Public Works shall not certify to When the the propriety of the investment in any case in which the ag- shall not gregate amount of the rates necessary for the payment of the report current annual expenses of the municipality and the interest propriety of and principal of the debts contracted by the municipality shall exceed the aggregate value of three cents in the dollar on the whole value of the ratable property within its jurisdiction, or in any case in which the debentures to be issued under the by law shall exceed twenty thousand dollars.

24. The amount payable in any year under any such by- Amount payable under law or debentures, for principal, interest and sinking fund, shall By-law to be be remitted by the treasurer to the treasurer of Ontario, within remitted to the space of one month after the same shall have become Ontario. exigible, together with interest at the rate of seven per centum per annum, during the time of default in payment; and in case

Treasurer of

of the continuance of such default, the council of the munici- Consequences pality shall, in the next ensuing year, assess and levy on the of neglect. whole ratable property within its jurisdiction, in the same mauner in which taxes are levied for the general purposes of the municipality, a sufficient sum to enable the treasurer, over and above the other valid debts of the corporation falling due within the year, to pay over to the treasurer of Ontario the amount in arrear, together with the interest thereon at the rate of seven per centum per annum, during the time of default in payment, whether the sane may have been previously recovered from the parties or lands chargeable, under the by-law, with the same or not; and the amount so in arrear and interest shall be the first charge upon all the funds of the municipality, for whatever purpose, or under whatever by-law they may have been raised; and no treasurer or other officer of the municipality Duty and shall, after such default, pay any sum whatsoever, except for liability of Municipal the ordinary current disbursements, and salaries of clerks Treasurer and other employees of such municipality, out of any funds of after default. the municipality in his hands, until the amount so in arrear and interest shall have been paid to the treasurer of Ontario; and if any such treasurer or municipal officer shall pay any sum out of the funds of his municipality, except as aforesaid, contrary to the provision herein before made, he shall be deemed guilty of a misdemeanor, and shall, moreover, be liable to the treasurer of Ontario for every sum so paid, as for money received by him for the Crown; and any reeve or councillor wilfully or negli- Liability of gently omitting to see the foregoing provisions carried into effect Councillors.

shall

Reeves and

shall also be personally and individually liable to the treasurer of Ontario for the full amount so in arrear and interest, to be recovered with costs by the said treasurer of Ontario, in any suit as for money had and received for Her Majesty's behoof: Provided always, that no assessment, levy or payment, made under this clause, shall in anywise exonerate the persons or lands chargeable under the by-law from liability to the municipality.

Preamble.

Registrar's emolument

CAP. XXVII.

An Act to amend the Law as to the Fees of Regis

trars.

W

[Assented to 2nd March, 1872.]

HEREAS the number of registrations, extracts and searches has become so large in divers registry offices that the income therefrom is now excessive; and whereas the like result may be expected in other registry offices; and whereas it is expedient to make some provision in the premises;

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

1. Each Registrar shall be entitled to retain to his own use in each year all the fees and emoluments received by him in do not exceed that year up to two thousand five hundred dollars.

when fees

$2,500.

between $2,500 and $3,000.

When fees are 2. Of the further fees and emoluments received by each Registrar in each year, in excess of two thousand five hundred dollars not exceeding three thousand dollars, he shall be entitled to retain to his own use ninety per cent. and no more.

When fees are between $3,000 and $3,500.

When fees are between $3,

3. Of the further fees and emoluments received by each Registrar in each year, in excess of three thousand dollars not exceeding three thousand five hundred dollars, he shall be entitled to retain to his own use eighty per cent. and no more.

4. Of the further fees and emoluments received by each 500 and $4,000. Registrar in each year, in excess of three thousand five hundred dollars not exceeding four thousand dollars, he shall be entitled to retain to his own use seventy per cent. and no more.

When fees are between $4,

5. Of the further fees and emoluments received by each 000 and $4,500. Registrar in each year, in excess of four thousand dollars not exceeding four thousand five hundred dollars, he shall be entitled to retain to his own use sixty per cent and no more.

When fees exceed $4,500.

6. Of the further fees and emoluments received by each Registrar

gistrar in each year in excess of four thousand five hundred dollars he shall be entitled to retain to his own use fifty per cent. and no more.

7. On the fifteenth day of January in each year each Regis- Application of trar shall transmit to the treasurer or chamberlain of the county surplus fees. or city for which, or for a riding of which, he is Registrar, a duplicate of the return required by the Registration of Titles (Ontario) Act; and shall also pay to such treasurer or chamberlain for the uses of the municipality such proportion of the fees and emoluments received by him during the preceding year, as under this Act he is not entitled to retain to his own use; Pro- Proviso. vided that in cases in which the county or riding includes a city or town separated from the county for municipal purposes, the amount aforesaid shall be paid to the treasurer of the county and to the treasurer or chamberlain of the city or town for the uses of the municipality in the same proportions in which the gross fees and emoluments are derived from extracts, searches, registrations and other charges in respect of lands situate in the county, and in respect of lands situate in the city or town; Provided further, that in the fees and emoluments mentioned in this Act, shall not be included any sums receivable from the municipality for the preparation of abstract indices, or for work done under the twenty-fifth, twenty-eighth, or twenty-ninth sections of the registration of Titles, (Ontario) Act.

8. This Act shall not apply to any fees or emoluments When this Act actually received by any Registrar before the first day of to apply. January, in the year of our Lord one thousand eight hundred and seventy-three.

CAP. XXVIII.

An Act to amend an Act intituled "An Act respecting the Establishment of Registry Offices in Ridings and to amend the Registration of Titles (Ontario) Act."

W

[Assented to 2nd March, 1872.]

HEREAS it is not expedient that the Lieutenant-Gover- Preamble. nor in Council should have the power of setting apart

cities or junior counties or ridings for registry purposes: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Establishment

of new divi

1. So much of the Act intituled "An Act respecting the establishment of Registry Offices in Ridings and to amend the sions of ReRegistration

abolished.

gistry offices Registration of Titles (Ontario) Act" as empowers the Lieutenant-Governor in Council from time to time by an Order in Council to cause to be issued a proclamation and thereby set apart and establish Registry Offices for cities or junior counties or ridings, is hereby repealed.

1 V., c. 20, s. 5, amended.

CAP. XXIX.

An Act to amend chapter twenty of the Acts passed in the thirty-first year of Her Majesty's reign intituled, An Act respecting Registrars, Registry Offices, and the Registration of Instruments relating to lands in Ontario."

H

[Assented to 2nd March. 1872,]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. That section seventy-five of the Act passed in the thirtyfirst year of Her Majesty's reign, and chaptered twenty, be amended by striking out all the words between the word

same " in the tenth line and the word "and" in the fourteenth line of said section, and by inserting in lieu thereof the following words, "in a scale of not less than one inch to every four chains, shewing the number of the township or town lots, and range or concession, the numbers or letters of town or village lots, and names of streets, with the magnetic bearing of the same."

Powers of
Lieut.-Gover-

CAP. XXX.

An Act to make temporary provision as to the Regu lations of the Council of Public Instruction.

[Assented to 2nd March, 1872.]

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

1. The Lieutenant-Governor in Council shall have power to nor over rules, cause inquiry to be made into the working of any rules, regu

tions,

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