Duty of Collectprecepts. ors under such 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-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 Municipal Corporation, and if at the time for levying 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 Return of preby 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 always nevertheless, firstly, that any surplus that shall remain in the hands of such Sheriff upon any such precept or precepts, after satisfy 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, 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 dered as Officers 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. cept. Proviso as to surplus in hands of Sheriff after satisfying execu tion. Proviso: Clerk tion to be consi of Court from which Writ issued, for cer tain purposes. account of debts of each Munici pal Corporation to the Governor An annual to be submitted General. CLXXX. And be it enacted, That every such Municipal Corporation shall, annually, on or before the thirty-first day of January in each year, transmit to the Governor General of the Province, through the 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 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 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 such account. Provision for the appointment of a investigate finan cial affairs of Municipal Corporations upon due cause shewn. Powers of the Act of Canada 9 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. CLXXXI. And be it enacted, That upon the petition of one third or upwards of the members of any Municipal Corporation created or to be created under the authority of this Act, it shall and may be lawful 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 Commişsions, or as many of them as shall be thereby empowered to act in the execution thereof, shall have all such powers for the conducting such inquiry now by law vested in Commissioners of Inquiry 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 As to expenses of business to take evidence on 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 by Municipal Corporations prior to 1st By-law may be passed with approval of the Governor in Council, &c. CLXXXII. And be it enacted, That with respect to any debt bonâ fide due by any District Municipal Council, City, Town or Village January, 1849: a Council or Board of Police in Upper Canada, prior to the first day of January, one thousand eight hundred and forty-nine, it shall and may be lawful for the Municipal Corporation by this Act substituted for such 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 raising the necessary funds for the discharge of such debts, or in applying such funds when so raised to the discharge of the same according to the which have law- provisions of such By-law; Provided always nevertheless, first, that nothing herein contained shall extend or be construed to extend, to prevent any such Corporation in any such By-law where such Corporation 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 and satisfied according to the provisions of such By-law; And provided also, secondly, that nothing herein contained shall extend or be construed to extend to deprive any of the Creditors of such Municipal Cor Proviso as to Corporations fully issued Notes of Debentures intended to pass as money. remedies of creditors not to be impaired. 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 have 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 of the Municipal Corporations to continue or be incorporated under the authority of this Act to act as Bankers, or to issue any Bond, Bill, Note, Debenture or other undertaking, of what nature or kind soever, or in 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 any of such Municipal Corporations to make or give any Bond, Bill, Debenture or other undertaking for the payment of any loan contracted 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 mentioned Bond, Bill, Debenture or other undertaking, shall be made or 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, that nothing in this section contained shall extend or be construed to extend, to any Bond, Bill, Note, Debenture or other undertaking, to be issued under the authority of any such By-law as shall or may be passed with the consent of the Governor of this Province in Council, for providing for the payment and satisfaction of certain debts mentioned in the last preceding section of this Act. CLXXXIV. And be it enacted, That every person who shall issue or make, or assist in the issuing or making of any such Bonds, Bills, Notes, Debentures, or undertakings for the payment of money contrary to the provisions of the next preceding section of this Act, and every person 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 protect the public against injury from Private Banks. Punishment of persons offending against By-laws, where no other provision is more. made, and how CLXXXV. And be it enacted, That all persons committing any offence against any By-law lawfully made by any Municipal Corporation under the authority of this Act, and with regard to prosecutions for which no other provision is hereby made, may be prosecuted in a summary way before any one or more Justices of the Peace, having jurisdiction 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 conviction 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. Ilow applied. levied with costs, if not forthwith 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 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 committed, 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 in the name and on the behalf of such Corporation as aforesaid, and in 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 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 the Peace within such locality, may act as such with regard to such prosecution. cution may be brought in name of Corporation. Proviso as to being Justices of the Peace. Officers, &c., of Corporation, competent wit nsses and jurors, in cases in which the Corporation shall be a party. Corporations not nal allowances CLXXXVI. And be it enacted, That as well with regard to any such prosecution as to any suit, action or proceeding to which any Corporation created or to be created by or under this Act shall be a party, no member, officer or servant of such Corporation shall be deemed an incompetent witness, nor shall his testimony be objected to on the ground 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. CLXXXVII, And be it enacted, That it shall not be competent to the to stop up origi- Municipality of any Township or to the Municipal Council of any 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, for roads. When any other road is altered, the site of the old road may be sold by Corporation to the party next whose land it runs, &c. Proviso; who shall have the first offer, As to parties having given land for roads without compensation. Roads not to exceed ninety nor be less than forty feet in breadth. CLXXXVIII. And be it enacted, That on the alteration of any Road under the authority of this Act where the Road thus altered shall not have been an original allowance for Road, or where the same shall lie within any Incorporated Village, Town or City or the liberties thereof, the site of such old Road shall and may be sold and conveyed by the 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 or persons whomsoever; provided always, nevertheless, that it shall not be lawful for any such Municipal Corporation to sell and convey any such old Road or any part thereof to any other than the person or persons first mentioned at any given price until such first mentioned per son or persons shall have refused to become the purchaser or purchasers thereof at such price: And in case the person or persons now in possession of any Concession Road or Side Line may have laid out Streets in any City, Town or Village without any compensation therefor, 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. CLXXXIX. And be it enacted, That no Road to be hereafter laid out, under the authority of this Act shall be more than ninety feet nor less than forty feet in width; provided always, that nothing in this section shall extend or be construed to extend to affect any Road I now established Roads now established. Powers, &c., of with respect to vested in Muni 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 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 in or belonging to the Magistrates in Quarter Sessions, with respect to any particular Highway, Road or Bridge in Upper Canada at the time this Act shall come into force, shall from thenceforth become and be vested in and belong to the Municipal Corporation of the County in which such 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 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. regulations Corporation may authorize persons to plank, &c., Roads, or build Bridges jurisdiction. within their Corporation. not leviable CXCI. And be it enacted, That it shall and may be lawful for any of the Municipal Corporations, created or to be created under the authority of this Act, to authorize by By-law any person or persons who may be willing to contract with them, for that purpose, to plank, gravel or macadamize any road or to build any bridge, which, under the provisions of this Act, any such Municipal Corporation would themselves 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, 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 provided also, fourthly, that it shall be the duty of such person or persons during the period that his or their right to levy tolls under such By-law shall continue, to keep and maintain such road or bridge in good and proper repair; And provided also, fifthly, that none of the powers and privileges conferred by an Act passed in this present Session of Parliament, intituled, An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canada, 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 Municipal Corporations to make any By-law for the stopping up, altering, widening or diverting any public highway, road, street or lane until they shall have caused at least one calendar month's notice to have been years. Proviso: persons receiving tolls, to general Act of Corporation not &c., without one month's notice, to stop up Roads, &c. و. |
