SECOND PART. Functions of the Council. I. General provisions cil....... II. Provisions applicable to by-laws of the coun III. General powers to make by-laws....... 1. Government of the council and its offi cers........ 2. Aid in the construction, improvement Sect. 202 210 228 Functions of 229 the council. 232 3. Statute labour. 4. Public markets. 5. Sale of bread...... 237 241 246 IX. Infliction of punishments...... X. Expropriation for municipal purposes... THIRD PART. Special proceedings. I. Execution of judgements rendered against the Corporation.... .... II. Recovery of penalties...... 1. General provisions.... 2. Suits before justices of the peace...... 439 HER HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Manitoba, enacts as follows: PRELIMINARY. Preliminary. I. The provisions of this Act shall apply to every town or corporation or municipality, which shall hereafter be established by charter from the LieutenantGovernor in Council, and they shall constitute part of the charter relative to such town so as to form with it, one and the same Act, unless they be expressly modified or excepted. How Act shall be interpreted. Expressions. Charter. Municipa lity. District. County Court. Member of the council. Municipal office. II. For any of the provisions of this Act not to be incorporated in the charter, the charter must expressly declare, that such provisions, specifying them by their numbers shall not form part thereof; and this Act shall be interpreted accordingly. III. The following expression, terms and words, whenever the same occur in this Act, shall have the meaning, sense and application, which are respectively assigned them in this section, unless the context of the provision indicates or declares otherwise: 1. The term "Charter" means any letters patent granted by the Lieutenant-Governor in Council, establishing any town, municipality, or corporation; 2. The word "municipality" signifies the territory erected into a town by special act or the charter; 3. The word "district" means any judicial district established by law, and designates the district in which the town is situated; 4. The term "County Court" means the court in and for the county; 5. The term "member of the council" means and includes the mayor and all the town councillors; 6. The term "municipal office" means all the offices or functions discharged either by the members or officers of the council; 7. The word "session" employed alone, means in- Session. differently an ordinary or general session, and a special session; following. 8. The expression "the day following does not mean The day' or include holidays, unless a thing may be done upon a holiday; to hold office. IV. In all cases in which it is declared by the provi- Capabilities sions of this Act of the charter that any person to be capable of filling any municipal office, must know how to read and write, it shall not be sufficient that such person may be only' able to read print or to write his name, or even to do both. unable to V. Whenever according to the provisions of this Act Person or of the charter, or of the by-laws of that council, it read or write. is declared that any person must sign his name to any document whatsoever, such person, if he is unable to write or sign his name, shall affix his mark to such document, in the presence of a witness who signs. This section shall not apply to members of the council or to officers who, according to the provisions of this Act, must be able to read and write. VI. Any reference to one or more sections indicated Reference. in the provisions of this act, without mention of the act or statute of which such sections form part, is a reference to the section of this act. expressions. VII. Unnecessary allegations or expressions, used in Unnecessary any act whatsoever connected with municipal matters, in no manner affect the validity thereof, provided that, on their being set aside as surplusage, what is left is capable of being understood in the sense intended. account of null and void. VIII. No act connected with municipal affairs, per- Noact or formed by a council. its officers or any other person error shall be shall be null or void solely on account of error or in sufficiency in the designation of the corporation, or of the municipality, or of such act, or on account of insufficiency in or the omission of, the declaration of the quality of such officer or person, provided no surprise or injustice result therefrom. IX. No objection founded upon form, or upon the omission Oath-before whom to be made. Ratepayer shall not be omission of any formality even imperative, shall be allowed to prevail in any action, suit or proceeding respecting municipal matters, unless substantial injustice would be done by rejecting such objection, or unless the formality omitted be such, that its omission according to the provisions of this act, would render null the proceedings or other municipal acts needing such formality. X. Any oath required by the provisions of this Act, or of the charter, may be made before any mayor, secretary-treasurer or justice of the peace. Any person, before whom any oath may be made, is empowered and required whenever he is called upon to do so, to administer the oath and deliver a certificate thereof to the party taking the same without fee. XI. In any proceeding in which the rights of any inadmissible municipal corporation are involved, no witness shall as a witness. be inadmissible from the fact of his being an elector or a ratepayer of the municipality, or from his forming part of the council. Deposition may be given XII. Whenever any deposition or information is reby any mem- quired to be given under oath, on behalf of any corporation, such deposition or information may be given by any member or officer of the council. ber of the council. XIII. Every justice of the peace, and all persons who refuse or neglect, without reasonable cause, to do any Act or duty imposed upon them by the provisions of this Act, or of the charter, or required of them in virtue of such provision, shall incur, over and above the damages caused, a penalty of not less than four, or more than twenty dollars, except in cases otherwise provided for. XIV. It shall be competent at any time, for any town corporation, incorporated under this Act, to apply to the Legislature for a special Act. FIRST PART. ORGANIZATION OF THE CORPORATION. XV. The Lieutenant-Governor in council by charter, or letters patent under the great seal of the Province, and Proviso. and upon the petition of at least two-thirds of the XVI. The charter, or letters patent incorporating a What charter shall specify. town corporation, shall specify the name, limits and extent, and nature of such municipality, what provisions if any, of this Act, shall not form part of the charter specifying the same by their numbers; the time and manner of electing the first council, the place of meeting of the council, the returning officer at the first election, the polling places, what number of councillors, shall form a quorum of the council, and such other provisions as may be necessary for the establishment of such town corporation under this Act; and it shall be the duty of the Provincial Secretary to give notice in the "Manitoba Gazette" and in one newspaper that the charter or letters patent have been granted. XVII. The inhabitants and ratepayers of every town Body politic. municipality, which shall in future be established, and their successors, shall be a corporation or body politic known under the name mentioned in the charter. XVIII. Such corporation, under its corporate name, corporation. shall have perpetual succession, and may: 1. Acquire real or personal property by purchase, donation, devise, or otherwise, and hold and enjoy or alienate the same; |