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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
Precepts to be shall probably be available for the satisfaction of the same : And there- iss
issued to the upon, such Sheriff shall, by a precept or precepts under his Hand and Collectors. 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 are by Law required to levy and collect the annual rates for the general purposes of such
Duty of CollectMunicipal Corporation, and if at the time for levying and collecting such
ors under such annual rates next after the receipt of any such precept, such Collectors precepts. shall have a general rate roll delivered to them for such year, it shall be their duty to add a column'thereto, healled: “ 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 Return of pre
pt. by such Collectors, and to return such precept with the amount so levied and collected thereon, 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 Pr
Proviso as to
surplus in hands always nevertheless, firstly, that any surplus that shall remain in the of Sheriff after hands of such Sheriff upon any such precept or precepts, after satisfy- satisfying execue
tion. ing such Execution, and all interest, costs and fees thereon, shall by such Sheriff be paid over to the Chamberlain or Treasurer of such Municipal Corporation within ten days after the same shall be so received by him, and be applicable to the general purposes of such Municipal Corporation as the surplus of any other rate : And provided also, secondly, and Assessors,
Proviso: Clerk that the Clerk of such Municipal Corporation, and the several Assessors &c., of Corporaand Collectors of such Corporation, shall, for all purposes in any way tion to be consi.
dered as Officers connected with the carrying into effect or permitting or assisting such of Court from Sheriff to carry into effect the provisions of this Act, with respect to the which Writ
issued, for cersatisfaction of any such execution, be taken and deemed to be Officers tain
tain purposes. 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 com pel 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.
CLXXX. And be it enacted, That every such Municipal Corpora- Araum of debts 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 pa
to be submitted Provincial Secretary thereof, in such form as shall from time to time be to the Governor prescribed for that purpose, by any order of the Governor in Council, General. 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
eceding specifving in such Particulars in account the original amount of every such debt of which a balance 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 ihe 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 or appointment of a
of a upwards of the members of any Municipal Corporation created or to be Commission to investigate finan- created under the authority of this Act, it shall and may be lawful for cial affairs of the Governor of this Province if sufficient cause be shewn, by order in Municipal Corporations upon Council, to issue one or more Commission or Commissions under the due cause shewn. 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 therePowers of the with, and the person or persons so named in such Commission or CommisCommissioners.
sions, or as many of them as shall be thereby empowered to act in the exe
cution thereof, shall have all such powers for the conducting such inquiry Act of Canada 9
now by law vested in Commissioners of Inquiry appointed under the Act of V. c. 38.
the Parliament of this Province passed in the ninth year of the reign of cited.
Her Majesty Queen Victoria, chapter thirty-eight, intituled, An Act to
empower Commissioners for inquiring into matters connected with the public As to expenses of business to take evidence on oath ; and the expense of executing every Commission. 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 As to debts due recoverable against such Municipal Corporation as any other debt. by Municipal
CLXXXII. And be it enacted, That with respect to any debt bonâ Corporations prior to 1st fide due by any District Municipal Council, City, Town or Village January, 1849 : a
hia Council or Board of Police in Upper Canada, prior to the first day of By-law may be passed with January, one thousand eight hundred and forty-nine, it shall and may approval of the
be lawful for the Municipal Corporation by this Act substituted for such Governor in Council, &c. District Municipal Council, City, Town or Village Council or Board of
Police, at any time within one year after the time appointed for this Act to commence, to pass a By-law providing for the liquidation of such debt, and upon such By-law being approved by the Governor of this Province in Council, none of the provisions of this Act by which increased facilities are provided for the recovery of debts due by such Municipal Corporation shall be applicable to such debts or any of them, until after default shall be made by such Municipal Corporation in rais
ing the necessary funds for the discharge of such debts, or in applying Proviso as to such funds when so raised to the discharge of the same according to the Corporations which have law
provisions of such By-law; Provided always nevertheless, first, that fully issued nothing herein contained shall extend or be construed to extend, to preNotes of Deben
vent any such Corporation in any such By-law where such Corporation tures intended to pass as money.“ may have heretofore issued Promissory Notes or Debentures to pass as
money and which are still in circulation, to provide some mode for their gradual extinction by redeeming a certain portion thereof annually, and by substituting other Promissory Notes or Debentures in the place of such as remain unredeemed from time to time as they fall due, when
the holders thereof are willing to receive the same in exchange till the Proviso : present whole of such Notes or Debentures are fully and completely redeemed remedies of
and satisfied according to the provisions of such By-law; And provided creditors not to be impaired. also, secondly, that nothing herein contained shall extend or be con
strued to extend to deprive any of the Creditors of such Municipal Cor
poration of all such remedies as they now by Law possess for the recovery of such debts against the District Municipal Council, City, Town or Village Council or Board of Police, which they may be owed, all which remedies they shall continue to liave against the Municipal Corporations substituted for such District Municipal Council, City, Town or Village Corporation.
CLXXXIII. And be it enacted, That it shall not be lawful for any Municipal Cor. of the Municipal Corporations to continue or be incorporated under the net as Bankers or
porations not to authority of this Act to act as Bankers, or to issue any Bond, Bill, Note, to issue Bonds, Debenture or other undertaking, of what nature or kind soever, or in
&c., to pass as
money. what form soever, in the nature of a Bank Bill or Note, or for the payment of any money intended to form a circulating medium to supply the place of specie, or otherwise pass as money; nor shall it be lawful for
Twful for Nor give any
Bond, &c., of a any of such Municipal Corporations to make or give any Bond, Bill, legs amount than Debenture or other undertaking for the payment of any loan contracted
£25. by such Corporation, or of any debt due by such Corporation, or of any part of such loan or debt, of a less amount than twenty-five pounds of lawful money of Canada; and if any such first mentioned Bond, Bill, Note, or Debenture or other undertaking, shall be issued or put in circulation by any such Municipal Corporation or under its direction or authority, or under the direction or authority of any of its officers or servants, or of any other person or persons whomsoever, or if any such last Penalty for conmentioned Bond, Bill, Debenture or other undertaking, shall be made ors
section. given by any such Municipal Corporation for the payment of a less amount of money than twenty-five pounds as aforesaid, every such Bill, Bond, Note, Debenture or undertaking, shall be absolutely null and void to all intents and purposes whatsoever; Provided always nevertheless, Proviso as to
Bonds, &c., that nothing in this section contained shall extend or be construed to issued with extend, to any Bond, Bill, Note, Debenture or other undertaking, to be approval of
Governor in issued under the authority of any such By-law as shall or may be passed Gover
ouncil. with the consent of the Governor of this Province in Council, for providing for the payment and satisfac!ion of certain debts mentioned in the last preceding section of this Act.
CLXXXIV. And be it enacted, That every person who shall issue or Any person make, or assist in the issuing or making of any such Bonds, Bills, Notes, issi
or uttering Bonds Debentures, or undertakings for the payment of money contrary to the contrary to this provisions of the next preceding section of this Act, and every person Act, to be guilty
of misdemeanor. who shall knowingly utter or tender in payment or in exchange, any of such Bonds, Bills, Notes, Debentures or undertakings for the payment of money, shall be guilty of a misdemeanor, as provided in and by the third section of the Act of the Parliament of the late Province of Upper Canada, passed in the seventh year of the reign of His late Majesty King William the Fourth, Chapter thirteen, and intituled, An Act to Act of U.C. 7
W. 4. c. 13. protect the public against injury from Private Banks.
CLXXXV. And be it enacted, That all persons committing any Punishment of offence against any By-law lawfully made by any Municipal Corpora- persons offending
against By-laws, tion under the authority of this Act, and with regard to prosecutions for where no other which no other provision is hereby made, may be prosecuted in a sum- provision is
made, and how mary way before any one or more Justices of the Peace, having juris
enforced. diction within the locality in which the offender shall be resident, or within that in which the offence was committed, and such Justice or Justices, or other authority, before whom any conviction for any such offence shall be had (and any such offender may be convicted on the oath or affirmation of any competent witness other than the prosecutor or informer) shall have full power and authority to award the penalty or the imprisonment, as the case may be, imposed by the By-law under which the eonviction shall be had, with the costs of prosecution, against the offender, and to commit the offender to the common gaol if the Penalty how offence be punishable by imprisonment, and to cause the penalty to be levied.
levied with costs, if not forth with paid, by distress and sale of the goods and chattels of the offender, by Warrant under the hand and seal of such
Justices or one of them, or of the Chairman or Presiding Officer of the Ilow applied.
Court before whom such conviction was had ; and one moiety of any such pecuniary penalty shall go to the informer or prosecutor, and the other Moiety shall be paid to the Treasurer or Chamberlain of the Corporation against the By-law whereof the offence shall have been com
mitted, and shall form part of the funds at the disposal of such CorporaProviso : prose- tion: Provided always, firstly, that any such prosecution may be brought cution may be in the name and on the behalf of such Corporation as aforesaid, and in brought in name of Corporation,
that case the whole of such pecuniary penalty shall be paid to the Treasurer or Chamberlain of such Corporation, and form part of such funds
as aforesaid: And provided also, secondly, that any member of the Proviso as to Members of the Municipal Corporation, under the By-law whereof any such prosecution Corporation as aforesaid shall be brought, being, ex officio or otherwise, a Justice of being Justices of the Peace. the Peace within such locality, may act as such with regard to such prose
cution. Officers, &c., of CLXXXVI. And be it enacted, That as well with regard to any Corporation, such prosecution as to any suit, action or proceeding to which any Corcompetent wit nsses and jurors, poration created or to be created by or under this Act shall be a party. in cases in which no member, officer or servant of such Corporation shall be deemed an the Corporation
incompetent witness, nor shall his testimony be objected to on the ground shall be a party.
of his being interested in the matter, as such member, officer or servant of such Corporation, nor shall he be liable to challenge on such ground as a juror, if he have no more direct interest in the issue of such suit or prosecution, or be not otherwise rendered incompetent; any law, usage
or custom to the contrary notwithstanding. Corporations not CLXXXVII, And be it enacted, That it shall not be competent to the to stop up origi- Municipality of auy Township or to the Municipal Council of any nal allowances for roads. County, to pass any By-law for stopping up any original allowance for
Roads in any Township or County, nor on the limits of any Village,
Town or City therein, When any other
CLXXXVIII. And be it enacted, That on the alteration of any Road road is altered, under the authority of this Act where the Road thus altered shall not the site of the old
i have been an original allowance for Road, or where the same shall lie road may be sold by Corporation 10 within any Incorporated Village, Town or City or the liberties thereof, the party next the site of such old Road shall and may be sold and conveyed by the whose land it runs, &c. Municipal Corporation under whose authority the alteration was made,
to the party or parties next adjoining to whose land or lands the same shall have run, or in case of his, her or their refusal to become the purchaser or purchasers thereof at such price or prices respectively as such
Municipal Corporation shall think reasonable, then, to any other person Proyiso ; who or persons whomsoever; provided always, nevertheless, that it shall not shall have the
be lawful for any such Municipal Corporation to sell and convey any first offer,
such old Road or any part thereof to any other than the person or per. sons first mentioned at any given price until such first mentioned per
son or persons shall have refused to become the purchaser or purAs to parties
chasers thereof at such price: And in case the person or persons now in having given possession of any Concession Road or Side Line may have laid out land for roads without compen
Streets in any City, Town or Village without any compensation therefor, sation.
he shall be entitled to retain the land within such City, Town or Village originally set apart for such Concession Road or Side Line in lieu of the Street set apart by him in place of the said Concession Road or Side
Line. Roads not to CLXXXIX. And be it enacted, That no Road to be hereafter laid out, exceed ninety under the authority of this Act shall be more than ninety feet nor less nor be less than forty feet in than forty feet in width; provided always, that nothing in this section
shall extend or be constried to extend to affect any Road now established
under the provisions of any Act heretofore in force in Upper Canada, nor Proviso as to when any Road shall be altered under the authority of this Act to prevent Roads now
established. such altered Road from being laid out, of the same width as the old one. CXC. And be it enacted, That all powers, duties or liabilities vested Powers, &c., of
Magistrates in in or belonging to the Magistrates in Quarter Sessions, with respect to
Quarter Sessions any particular Highway, Road or Bridge in Upper Canada at the time with respect to this Act shall come into force, shall from thenceforth become and be
vested in Munivested in and belong to the Municipal Corporation of the County in which cipal Corporasuch Highway, Road or Bridge shall lie, or in case of such Highway, tions. Road or Bridge lying within two or more Counties, shall be vested in and belong to the Municipal Corporations of both such Counties, subject always to the provisions of this Act as to the mode and manner of exercising, performing and meeting such powers, duties and liabilities, and all rules and regulations made and directions given by such Muni
As to rules and
regulations cipal Corporation or Corporations in the premises shall have the like made by them. force and effect to all intents and purposes whatsoever, as those which such Magistrates had previously the power of making or giving respecting the same, and neglect of or disobedience to any such rules, regulations or directions so to be made or given by such Municipal Corporation or Corporations, shall subject the defaulter or defaulters in the premises to the like penalties, forfeitures and other consequences both civil and criminal as such neglect of or disobedience to similar rules, regulations or directions of such Magistrates would have subjected them to, previous to this Act coming into force.
CXCI. And be it enacted, That it shall and may be lawful for any of Corporation may the Municipal Corporations, created or to be created under the authority authorize per
sons to plank, of this Act, to authorize by By-law any person or persons who may be &c., Roads, or willing to contract with them, for that purpose, to plank, gravel or build Bridges
within their macadamize any road or to build any bridge, which, under the provisions jurisdiction. of this Act, any such Municipal Corporation would theniselves have a legal right to plank, gravel, macadamize or build, and to grant to such person or persons in consideration or part consideration of the execution of such work, the tolls to be levied on the same after it shall have been completed ; Provided always, firstly, that the rate of tolls to be taken Proviso : Tolls upon such work, shall in all cases be fixed by By-law of such Municipal to be fixed by
Corporation. Corporation, and not be in the discretion of such person or persons so contracting as aforesaid ; And provided also, secondly, that no such Proviso: tolls tolls shall be leviable until such Municipal Council shall by a subsequent
until the work By-law have declared that the work contracted for has been completed, is completed. and that the tolls may be collected thereon accordingly; And provided
Proviso : tolls also, thirdly, that the grant of such tolls shall in no case be for a longer not to be granted period than ten years from the time of the passing of such last mentioned for more than ten By-law by which the levying of such tolls shall become lawful; And yco provided also, fourthly, that it shall be the duty of such person or per- Proviso: persons
receiving tolls, to sons during the period that his or their right to levy tolls under suche
keep roads, &c., By-law shall continue, to keep and maintain such road or bridge in good in repair. and proper repair; And provided also, fifthly, that none of the powers Proviso as to and privileges conferred by an Act passed in this present Session of companies formParliament, intituled, An Act to authorize the formation of Joint Stock ed under the
general Act of Companies for the construction of Roads and other Works in Upper Cunada, this Session. shall extend to confer upon any Company formed or pretended to be formed under the authority of that Act, any power of interference with any authority conferred by any such By-law upon any person or persons under the authority of this section.
CXCII. And be it enacted, That it shall not be lawful for any of such Corporation not Municipal Corporations to make any By-law for the stopping up, altering, to stop up Roads, widening or diverting any public highway, road, street or lane until they nonth's notice, shall have caused at least one calendar month's notice to have been &c.