ing loans, &c., be attempted to repeal any such By-law for raising any such loan, or shall not be re until the loans and interest thereon are fully paid, peiled or altered for the payment and satisfaction of the debt contracted for any such loan or to alter any such last mentioned By-law so as to diminish the amount to be levied for the payment and satisfaction of such loan or the interest thereof, until such loan and interest shall be fully redeemed, paid and satisfied, shall be and the same is hereby declared to be absolutely null and void to all intents and purposes whatsoever, and if Punishment of any of the Officers of such Municipal Corporation shall, under pretence to execute such of such pretended By-law, neglect or refuse to carry into effect and Officers refusing By-law. 14 and 15 Vic. cap and 2. Preamble, Certain part of the 11th sec of 67, not to affect for creating or contracting debts execution the said By-law for levying the necessary moneys to redeem, satisfy and discharge such loan and the interest thereof, every suck Officer shall be deemed guilty of a misdemeanor, and shall be punished by fine or imprisonment, or both, at the discretion of the Court, whose duty it shall be to pass the sentence of the law upon such offender. [I. Whereas from the recent change in the Laws for the Assessment 109, sec. 1 of Property for local purposes in Upper Canada, it has become necessary to make some corresponding alterations in those for the establishment and regulation of the Municipal Corporations of that section of the Province, the better to adapt the same to such change, as well as to make some further provisions with respect to such Municipal Corporations: Be it therefore enacted, &c., That nothing in that part of the 13 and 14 Vic. c. eleventh section of the Act passed in the last Session of Parliament, cert in By-laws chaptered sixty-seven, and intituled, An Act to establish a more equal and just system of Assessment in the several Townships, Villages, or lo ms referred Towns and Cities in Upper Canada, which requires that the sums sec. of the U. C. which shall be required by Law or by any By-law of any Township or Municipal Corpo- County, for any lawful purpose, shall and may be taxed, rated and 1-49, or any By- raised, upon estimate of the amount required for such lawful purpose, for each year in which such tax is to be levied, shall affect or be construed to affect or apply to By-laws for creating or contracting such debts or loans as are referred to in and by the one hundred and seventyseventh section of the Upper Canada Municipal Corporations' Act of one thousand eight hundred and forty-nine, when passed in the manner prescribed by that section as modified by the provisions of this Act, or to any By-laws relating to the same.] to in the 177th Act of Jaws relating thereto. Recital. any [II. And whereas, in consequence of the said change in the said Assessment Laws, the rates imposed for the payment and satisfaction of debts and loans, heretofore incurred or contracted by Municipal Corporations, and Provisional Municipal Corporations in Upper Canada, under the provisions of the said one hundred and seventy-seventh section of the said Act, will, unless altered, produce a much larger annual amount of money than will be necessary for the payment and satisfaction of such debts and loans, with the interest thereof, within the time originally stipulated for that purpose, according to the provisions of the said one hundred and seventy-seventh section; and nevertheless, such Corporations are by the said Act precluded from either lessening such rate or applying any part of the proceeds thereof till after such payment and satisfaction, to any other purpose whatsoever; powered to make by which a new for the payment of lieu of the old And inasmuch as the increased amount collected upon such rates will Corporation emarise, not from the gradual growth of wealth and population within within a certain the jurisdiction of such Corporations respectively, but in consequence tim, a By-law of an Act of the Legislature, extending the basis upon which such rates special rate are made to operate, public faith, with the respective creditors of such debt or loan may Corporations, will not be violated by permitting such Corporations to be substituted in substitute for such original special rates, new special rates, adequate to special rate. insure, under the provisions of the said new Assessment Law, the payment and satisfaction of such debts and loans, at the times originally stipulated for the payment and satisfaction thereof, within the twenty years limited by the said one hundred and seventy-seventh section of the said Act for that purpose; Be it therefore enacted, That with respect to any debt or loan, which shal! have been lawfully incurred or contracted by any such Corporation according to the said one hundred and seventy-seventh section of the said Act, previous to the first day of January, which will be in the year of our Lord one thousand eight hundred and fifty-two, it shall and may be lawful for any such Corporation at any time within two years from that day, to pass a By-law, substituting a new special rate for the payment and satisfaction of any such debt or loan, in lieu of the old special rate originally imposed for that purpose, such new special rate, according to the amount of rateable property in the County, or United Counties, City, Town, Township or Village over which such Corporation shall have jurisdiction, as such amount shall have been ascertained by the Assessment Returns for such County, City, Town, Township or Village, for the financial year next preceding that in which the By-law for the substitution of such new special rate in lieu of the old one, shall be passed, being sufficient to satisfy and discharge such debt or loan, with the interest thereof, within the twenty years limited by the said section for that purpose, and on the days and times, and in the manner stipulated by such origi tinued until debt, nal By-law, and by the Bills, Bonds, Debentures, or other Obligations New special rate issued under the authority thereof for the payment of the same; and not to be disconit shall not be competent for any such Corporation to repeal such By- &c., be fully paid. law for such new special rate, or to discontinue such new special rate until such debt or loan, and the interest thereof, shall be fully paid, satisfied and discharged, nor to apply the proceeds thereof or any part thereof, to any other purpose, until the full payment, satisfaction and discharge of the same, with the interest thereof: Provided always, Proviso. nevertheless, Firstly,-That in every such case, the twenty years limited by the said one hundred and seventy-seventh section of the said Act shall, as far as it may affect the amount of such new special rate, be reckoned from the time that the original By-law for the incurring or contracting of such debt or loan shall, by the terms of such original By-law, or otherwise according to Law, have taken effect and gone into operation, and that in all other respects the several provisions of the said Upper Canada Municipal Corporations' Act of one thousand eight hundred and forty-nine, and of this Act, respecting original By-laws for creating or contracting debts or loans by such Corporations, shall apply to all such By-laws for substituting new special rates in lieu of the old ones, as if such last mentioned By-laws had been for creating or contracting such debts or loans originally; Provided also, Secondly,-That Proviso Proviso. Duty of Sheriffs with respect to tion against Mu no such By-law for substituting any such new special rate for the old one, shall be of any force or effect whatsoever, until the same shall have been approved by the Governor of this Province in Council, as provided with respect to certain other By-laws by the twelfth section of this Act; And provided also, Thirdly, That before any such Bylaw shall be so approved by the Governor in Council, the facts upon which such By-law shall be founded, shall be verified to the satisfaction of the Governor in Council, in a similar manner to that provided for by the thirteenth section of this Act, with respect to the By-laws to which that section applies, and all the provisions of the said last mentioned section shall apply to all By-laws to be passed under the authority of this section.] CLXXIX. And be it enacted, That it shall be the duty of every Writs of Execu- Sheriff who shall receive a Writ of Execution against any Municipal nicipal Corpora- Corporation created or to be created under the authority of this Act, if to be levied by such Writ shall be endorsed with a direction to such Sheriff to levy the tions, if endorsed rate. amount thereof by rate, to deliver a copy of such Writ of Execution and endorsement to the Chamberlain or Treasurer of such Municipal Corporation, or to leave such copy at the office, place of business or dwelling house of such Chamberlain or Treasurer, with a statement in writing of his fees, and the whole amount for principal, interest and costs required to be paid to satisfy such execution, calculated to the day of the service of such copy as aforesaid, or some day as near as conveniently may be to the same, and in case such amount, with interest thereon from the day mentioned in such statement, shall not be paid to such Sheriff within one calendar month after such service, it shall be the duty of such Sheriff to examine the adjusted and settled assessment rolls of such Municipal Corporation, on file in the office of the Clerk of such Corporation, and to strike a rate upon the same in like manner as rates may be struck by such Municipal Corporation for the general Municipal purposes of such Corporation, which rate shall be of a sufficient amount in the pound according to such assessment rolls to cover the amount so due on such execution, with such addition to the same as in the judgment of such Sheriff shall be sufficient to cover the interest, Sheriff's Fees, and Collector's per centage to accrue thereon to the time when such rate shall probably be available for the satisfaction of Precepts to be the same: And thereupon, such Sheriff shall, by a precept or precepts under his Hand and Seal of Office, directed to the different Collectors of such Municipal Corporation respectively, reciting such Writ of Execution, and that such Municipal Corporation had neglected to make provision according to Law for the satisfaction thereof, and containing the roll of such rate in a Schedule to be annexed to such precept, command such Collectors respectively, to levy and collect such rate within their respective jurisdictions, at the time and in the manner that they issued to the Collectors. under such pre Return of pre are by Law required to levy and collect the annual rates for the general Duty of Collectors purposes of such Municipal Corporation, and if at the time for levying cepts. and collecting such annual rates next after the receipt of any such precept, such Collectors shall have a general rate roll delivered to them for such year, it shall be their duty to add a column thereto, headed: "Execution rate in A. B. vs. The Township," (or as the case may be, adding a similar column for each execution if more than one,) and to insert therein the amount by such precept required to be levied upon each person respectively, according to the requirements of such precept, and to levy and collect the amount of such Execution rate from such persons respectively, in the same manner as such general annual rate is by law directed to be levied and collected by such Collectors, and to return such precept with the amount so levied and collected thereon, cept. after deducting his per centage therefrom, to such Sheriff within the same time as such Collectors are or shall by law be required to make the returns of the general annual rate aforesaid to the Chamberlain or Treasurer of such Municipal Corporation; Provided always, neverthe- Proviso as to surless, firstly, that any surplus that shall remain in the hands of such plus in hands of Sheriff upon any such precept or precepts, after satisfying such Execu- Proviso: Clerk tion, and all interests, costs and fees thereon, shall by such Sheriff be &c., of Corporapaid over to the Chamberlain or Treasurer of such Municipal Corpora- dered as Officers tion within ten days after the same shall be so received by him, and be which Writ applicable to the general purposes of such Municipal Corporation as purposes. the surplus of any other rate: And provided also, secondly, that the Clerk of such Municipal Corporation, and the several Assessors and Collectors of such Corporation, shall, for all purposes in any way connected with the carrying into effect or permitting or assisting such Sheriff to carry into effect the provisions of this Act, with respect to the satisfaction of any such execution, be taken and deemed to be Officers of the Court out of which such Writ of Execution issued, and as such shall be amenable to such Court, and may be proceeded against by Attachment or otherwise to compel the performance of the duties hereby imposed upon them as any other Officers of such Court may by law be proceeded against for a similar purpose. Sheriff after satisfying execution. and Assessors, tion to be consi of Court from issued, for certain account of debts to be submitted to the Governor General. CLXXX. And be it enacted, That every such Municipal Corpora- An annual tion shall, annually, on or before the thirty-first day of January in each of each Municiyear, transmit to the Governor General of the Province, through the aberration Provincial Secretary thereof, in such form as shall from time to time be prescribed for that purpose, by any order of the Governor in Council, an account of the several debts of such Corporation as they may have stood on the thirty-first day of December preceding, specifying in such account the original amount of every such debt of which a balance such account. Particulars in due cause shewn. Powers of the remained due at that day, the date when such debt was contracted, the day of payment, the amount of interest to be paid therefor, the amount of the rate provided for the redemption and satisfaction of such debt and interest, the proceeds of such rate for the year ending on such thirty-first day of December, the amount of such original loan redeemed and satisfied during such year, the amount of interest, if any, unpaid on such day, and the balance still due on the principal of such loan. Provision for the CLXXXI. And be it enacted, That upon the petition of one third appointment of a Commission to or upwards of the members of any Municipal Corporation created or to investigate financial affairs of be created under the authority of this Act, it shall and may be lawful Municipal Corporations upon for the Governor of this Province, if sufficient cause be shewn, by order in Council, to issue one or more Commission or Commissions under the Great Seal of this Province, directed to such person or persons as he shall think fit, empowering them to enquire into the financial and monetary affairs of such Municipal Corporation and all things connected therewith, and the person or persons so named in such Commission or Commissions, or as many of them as shall be thereby empowered to act in the execution thereof, shall have all such powers for the conductAct of Canada 9 ing such inquiry now by law vested in Commissioners of Inquiry V., cap. 38. cited. appointed under the Act of the Parliament of this Province, passed in the ninth year of the reign of Her Majesty Queen Victoria, chapter thirty-eight, intituled, An Act to empower Commissioners for inquiring into matters connected with the public business to take evidence on As to expenses of oath; and the expense of executing every such Commission of Inquiry to be settled and allowed by the Inspector General of this Province for the time being or his Deputy, shall be borne by such Municipal Corporation, and so soon as the same shall be so settled and allowed as aforesaid, shall be a debt due to the Commissioner or Commissioners named in such Commission, to be provided for and paid by such Municipal Corporation as any other debt due by them in their corporate capacity, and upon default in payment of the same within three calendar months from the same having been demanded by such Commissioner or Commissioners, or any one of them, at the office of the Chamberlain or Treasurer of such Municipal Corporation, shall be recoverable against such Municipal Corporation as any other debt. Commission. As to debts due prior to 1st Jan- CLXXXII. And be it enacted, That with respect to any debt bona fide due by any District Municipal Council, City, Town or Village Council or Board of Police in Upper Canada, prior to the first day of passed with ap- January, one thousand eight hundred and forty-nine, it shall and may vernor in Council, be lawful for the Municipal Corporation by this Act substituted for such District Municipal Council, City, Town or Village Council or Board of proval of the Go &c. |