Returning Officer to keep Poll Book, and in

what form.

purpose, in which case he may close the election at four o'clock of the first day, or at any time before that hour on the second day.

CLX. And be it enacted, That the Returning Officer at each of the said elections at which a poll shall be called for, shall keep a poll book, in which he, or his sworn Poll Clerk shall enter in separate columns the names of each of the persons proposed and seconded as candidates by any electors present at such election; and opposite to such columns, he shall write the names of the several electors offering to vote at such election, and in the respective columns in which are entered the name of the candidate voted for by each voter, he shall set the number one, and at the close of the poll such Returning Officer shall add up the number of voters for each candidate set down in their respective columns, He shall declare and he shall declare which of the said candidates have the highest number of votes, beginning with the one having the greatest number, and so on until the whole number of candidates to be elected at such election, having a greater number of votes in favor of each respectively than the remaining candidates shall appear, and he shall publicly declare the And shall have a requisite number of candidates duly elected; and if any two or more casting vote in case of ties.

the Candidates

elected.

Proviso

he

shall not otherwise vote.

Returning Offi

cer to return Poll Book to Town

election.

candidates shall appear to have an equal number of votes, by reason of which equal number the election appears undecided, the Returning Officer, whether otherwise qualified or not, shall give a vote for one or more of the candidates having equal numbers, so as to decide the election; Provided always, that no Returning Officer under this Act shall vote at any election which it shall be his duty to hold, except in the case of such equality of votes as aforesaid.

CLXI. And be it enacted, That after the close of any such election, the Returning Officer shall return the poll book to the Township, Village, Clerk, &c., after Town or City Clerk of the Township, Village, Town or City in which the election has been holden, with an affidavit or affirmation thereto annexed, that such poll book contains a faithful and true statement of the poll, and with a certificate that certain persons, naming them, have been duly elected.

If the person

elected refuses to

take office, a Warrant shall

issue for a new

election.

CLXII. And be it enacted, That in case any of the persons so declared to be elected, shall neglect or refuse to accept office, or to be sworn or affirmed into office, within the time in which the oath or affirmation of office is required to be taken as herein before provided, then the Head of such Municipal Corporation for the preceding year shall forthwith by Warrant under his hand and seal, directed to the Returning Officer, require him to hold a new election to supply the place of such person, which such Returning Officer shall accordingly do within at least eight days after the receipt of such Warrant, and the person who shall be elected upon such Warrant shall be entitled and bound to be sworn or affirmed as Councillor, in the place of the person refusing office, or neglecting or refusing to be sworn or affirmed as aforesaid: Provided poration may im- always nevertheless, that the necessity for such second election shall not prevent or interfere with the immediate organization of the Municipal Corporation for the year, or their proceeding to business as if such seat

Proviso: the Cor

imediately proceed to business.

Vacancies in

porations how to be filled.

were not vacant.

CLXIII. And be it enacted, That all vacancies which may occur in Municipal Cor- any of such Municipal Corporations, by death or otherwise, shall be filled by an election to be held under a Warrant directed to the Returning Officer under the hand and seal of the Head of such Municipal Corporation: Provided always, that the person so appointed shall hold his seat in such Corporation by virtue of such appointment for the residue of the term for which his immediate predecessor was elected, and no longer,

Proviso as to terms of office.

As to notice of

CLXIV. And be it enacted, That all such Special Elections as are special elections. provided for by the two next preceding sections of this Act, shall be

of no election

Provision in case being held on an appointed day.

held upon at least four days' public notice to the Electors under the hand of the Returning Officer, and posted in at least four of the most public places in the Township, Village or Ward for which it is to be held. CLXV. And be it enacted, That if in any year there shall be no election held in any Township, Village, Town or Ward, on the appointed day, or if a requisite number of candidates shall not have been elected, or if there shall not be in the poll book the names of a sufficient number of candidates to supply any deficiency arising from refusal of office, or neglect or refusal to be sworn in, then, and in every such case, it shall and may be lawful for the members of the Municipal Corporation in which such default of members shall occur, or if none be elected, then, for the members of such Municipal Corporation for the next preceding year, or the majority of them respectively, and they are hereby required Appointment of to supply the deficiency by appointing the whole number of Aldermen and Councillors, when the whole number shall be deficient, from amongst the qualified freeholders and householders of the Township, Village, Town or City, or by appointing such a number of qualified freeholders and householders of such Township, Village, Town or City as will complete the full number of Aldermen and Councillors for the same, and the person so appointed, shall be bound to accept office, and to be sworn in, under the same penalty as if elected.

CLXVI. And be it enacted, That if there shall be any vacancy or vacancies in the offices of Warden, Mayor or Townreeve, by reason of the death or removal of residence of any such officer, the respective Municipal Corporations in which such vacancy shall occur, shall and may respectively choose, from amongst their own number, a qualified person to be a Warden, Mayor, or Townreeve, as often as the case may

occur.

CLXVII. And be it enacted, That the Municipal Corporation in office on the day of general annual municipal elections, including all Councillors so appointed to make up deficiencies, shall hold office until their successors shall be elected or appointed and sworn into office, and the new Municipal Corporation shall be completed.

CLXVIII. And be it enacted, That at any session or meeting of any Municipal Corporation under this Act, a majority of the whole number of those who shall by law form such Corporation, shall be a quorum for the dispatch of business; and if the person who ought to preside at any such meeting shall be absent, it shall and may be lawful for those present to appoint from amongst themselves a Chairman to preside at such meeting, and the Chairman so appointed shall have the same functions and authority in presiding at such meeting as the person who, if present, would preside at such meeting; and all votes, resolutions and proceedings of such meetings shall be carried by the majority of votes of the persons composing such meeting, other than the person presiding, who, in case of an equality of votes, shall have the casting vote.

CLXIX. And be it enacted, That it shall be the duty of each of such Municipal Corporations to appoint a County, City, Town, Township or Village Clerk, as the respective cases may require, who shall hold office during their pleasure, and who shall be paid by such salary as they shall appoint, to be taxed and levied upon the whole rateable property in such County, City, Town, Township, or Village respectively, according to the assessment laws then in force in Upper Canada.

CLXX. And be it enacted, That it shall be the general duty of such Clerk to record in a book to be provided for that purpose, all the proceedings of the Municipal Corporation of which he shall be Clerk, and to make regular entries of all resolutions and decisions, and to record the vote of every person present entitled to vote on every question sub

D

Aldermen and
Councillors.

Vacancies in of

fices of Warden,

Mayor, &c., how to be filled up.

A Treasurer to be appointed for

each County, &c,
and a Chamber

Jain for each
City.

Their salary or

per centage to be levied on ratea

ble property.

Security

Duties of Trea surers and Chamberlains.

Clerks, &c., to hold Office until

poration.

mitted, if required by any member present, and to preserve and file all accounts acted upon by the body to which he is Clerk, and to keep the books, records and accounts of such body, which shall be open without fee or reward to the inspection of all persons, at all seasonable times and hours.

CLXXI. And be it enacted, That it shall be the duty of the Municipal Corporations of the respective Counties, Towns, Townships and Villages to appoint a Treasurer, and of the Municipal Corporations of the respective Cities to appoint a Chamberlain of the same respectively, who shall hold office during their pleasure, and shall be paid by such salary or per centage as they shall appoint, (to be raised and levied rateably upon the whole rateable property of such County, City, Town, Township or Village respectively, according to the assessment laws then in force in Upper Canada,) and who shall give such security for the faithful performance of the duties of his office, and more especially for the due accounting for and paying over all moneys which shall come into his hands by virtue of his office, as the Municipal Corporation by which he was appointed shall direct.

CLXXII. And be it enacted, That it shall be the duty of each of such Treasurers and Chamberlains to receive and safely keep all moneys belonging to the County, City, Town, Township or Village for which he shall be appointed, and to pay out the same to such persons and in such manner as he shall be directed to do by any lawful order of the Municipal Corporation thereof, or by any law in force or to be in force in Upper Canada, and strictly to conform to and obey any such law or any By-law lawfully made by any such Municipal Corporation, and faithfully to perform all such duties as may be assigned to him by any such law or By-law.

CLXXIII. And be it enacted, That the Clerk, Treasurer and Chamremoved by Cor- berlain so to be appointed by any Municipal Corporation as aforesaid, as well as all other officers to be appointed in like manner, and with regard to whose period of service no other provision is made by this Act or in any other law or By-law, shall hold their offices until removed therefrom by the Municipal Corporation for the time being, notwithstanding any change in the persons of whom such Municipal Corporation shall be composed, occasioned by any new election or appoint

ment.

CLXXIV. And be it enacted, That all the books of the present District Treasurers, and all books, papers, accounts or documents of what kind soever, which shall have been kept by or shall have come into the possession of any person or officer to be appointed or employed by any Municipal Corporation, by virtue of his office or employment, shall be deemed to be chattels belonging to such Municipal Corporation; and all moneys or valuable securities which shall have been lawfully received or taken into his possession by virtue of his office or employment, shall be deemed to be moneys or valuable securities belonging to such Municipal Corporation; and if any such officer or person shall at any time fraudulently embezzle any such chattel, money or valuable security, (and any refusal or failure to pay over or deliver up any such chattel, money or valuable security to such Municipal Corporation, or to any officer or person by them authorised to demand the same, shall be held to be a fraudulent embezzlement thereof,) he may be indicted and proceeded against, and being convicted thereof, shall be liable to be punished in the same manner as any servant who having fraudulently embezzled any chattel, money or valuable security received or taken into his possession, by virtue of his employment, for and in the name and on the account of his master, may be indicted, proceeded against

and punished: Provided always, that nothing herein contained shall prevent, lessen or impeach any remedy which such Municipal Corporation, or any other party may have against such offender or his sureties, or against any other party whomsoever; but nevertheless, the conviction of any such offender shall not be received in evidence in any suit or action at law or in equity against him.

CLXXV. And be it enacted, That the Corporation created or to be created in and for any County or union of Counties, City, Town, Township or Village, by this Act, or under any provision therein contained, shall be substituted for and shall be in the place and stead of the Corporation theretofore existing in and for the same County or union of Counties under the name of District, City, Town, Township, Village or place by virtue of any Act or law in force immediately before the commencement of this Act, and so that any suit, action, prosecution or other act, matter or thing, commenced or continued by such former Corporation, or to which it shall have been a party, shall not abate, but may be continued and completed by, with or against such new Corporation, in like manner and as validly to all intents and purposes as it might have been continued or completed by, with or against such former Corporation, and so that all estates and property, real or personal, and all debts and obligations of any kind, theretofore vested in or belonging to or due, or owing to or contracted in favour of such former Corporation, or the locality over which its jurisdiction shall extend, whether in the name of such Corporation or locality, or in that of some Officer thereof, and intended for the benefit of such Corporation or locality, shall thereafter be vested in and shall belong to and shall be due and owing to, and may be held, possessed and enjoyed, recovered and enforced by such new Corporation, and all debts, liabilities and obligations of such former Corporation, of what kind soever, or in what manner soever secured, shall become debts, liabilities and obligations of such new Corporation, secured and payable in like manner, and upon the same terms and conditions, and to be recovered and enforced if not paid or performed, in the same manner as they would have been recovered from or might have been enforced against such former Corporation or otherwise, as by this Act provided.

CLXXVI. And be it enacted, That it shall be the duty of every such Municipal Corporation to take charge of any debt which may be due by the locality over which it has jurisdiction, and to direct the levy by tax upon the same, of such sum in each year as shall be necessary for the payment of the interest thereon, and as shall be sufficient to pay off the principal, according to the contracts and obligations which shall have been entered into in that behalf: and where any sum of money in the pound is by any Act of the Parliament of Upper Canada, or of this Province directed to be levied for the payment of any such debt or for any other special purpose, it shall be the duty of such Municipal Corporation, until the debt shall be paid or the purpose fully served for which such Act was passed, or until the service contemplated by such Act shall be otherwise provided for, or the Act repealed, to cause to be levied in each year upon such locality, a sum at least equal to the highest sum which shall have been raised for the same purpose in any one year before the passing of this Act.

Proviso: other

remedies not to

emeened.

Corporations
this Act to be
substituted for
theretofore exist-
Corporations
ing-and suits
commenced by
former Corpora-

created under

tions may be continued by the new Corporations, and vice

versa.

Corporations to
debts due by
take charge of
localities under
their jurisdic-
tion, and provide
for their pay-
ment.

What rates shall

be levied for pay

ing such Debts, in certain cases.

A sufficient sum to be levied by payment of all such debts, and

assessment for

CLXXVII. And be it enacted, That it shall be the duty of such Municipal Corporations respectively, to cause to be assessed and levied upon the whole rateable property in their Counties, Cities, Towns, Townships and Villages respectively, a sufficient sum of money in each year, to pay all debts incurred or which shall be incurred, with the interest which shall fall due or become payable within the year; and no By-law hereafter to be passed for the creation of any such debt, or or authorizing

interest.

By-laws creating

Г

any debt not to be valid unless sufbe therein made

ficient provision

for levying moneys for the

payment of such

debt, within twenty years.

repealable, &c.

for the negociation of any loan, shall be valid or effectual, to bind any such Municipal Corporation, unless a special rate per annum over and above, and in addition to all other rates whatsoever shall be settled in such By-law, to be levied in each year for the payment of the debt to be created by the loan to be negociated, nor unless such special rate shall be sufficient according to the amount of rateable property in such County, City, Town, Township, or Village, as the case may be, as shall appear by the then last assessment returns of such County, City, Town, Township or Village, to satisfy and discharge such debt, with the interest thereof, within twenty years from the passing of such By-law, Such By-law not and it shall not be competent to any such Municipal Corporation, to repeal such By-law, or to discontinue such rate, until the debt so to be incurred and the interest thereon shall be fully paid and discharged; nor to apply the proceeds thereof to any other purpose than the payment and satisfaction of the same; Provided always, nevertheless, that in the event of there being any part of such special rate on hand, and which cannot be immediately applied towards the payment and satisfaction of such debt by reason of no part thereof being then payable, it shall be the duty of such Municipal Corporation, and they are hereby required to invest such money in the Government Securities of this Province, or in such other Securities as the Governor of this Province shall by order in Council direct or appoint, and to apply all interest or dividends to arise or be received upon the same to the like purpose, as the amount so levied by such special rate, and no other.

Proviso: how any temporary surplus of such moneys may be invested.

By-laws for raising loans, &c., shall not be replealed or

altered until the loans and inter

CLXXVIII. And be it enacted, That any By-law by which it shall be attempted to repeal any such By-law for raising any such loan, or 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 any of the Officers Officers refusing of such Municipal Corporation shall, under pretence of such pretended

est thereon are fully paid.

Punishment of

to execute such

By-law.

Duty of Sheriffs with respect to Writs of Execution against Municipal Corporations, if endorsed to be levied by rate,

By-law, neglect or refuse to carry into effect and execution the said By-law for levying the necessary moneys to redeem, satisfy and discharge such loan and the interest thereof, every such 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.

CLXXIX. And be it enacted, That it shall be the duty of every Sheriff who shall receive a Writ of Execution against any Municipal Corporation created or to be created under the authority of this Act, if such Writ shall be endorsed with a direction to such Sheriff to levy the 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