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♦ «

PASSED BY THE

MUNICIPAL COUNCIL

OF THE

®®^l[l^ir %W M%MW%1S^WL^

AT ITS

FIEST SESSION, HELD IN JANUARY, 1850.

JOHN B. GROUSE, Esquire, Warden.

S I M C O E :

PRINTED AT THE « ADVOCATE" OFFICE.
1850.

. i

• i

BY-L.A1VS

OF THE

COUNTY OF NORFOLK MUNICIPAL COUNCIL,

PASSED AT THE JANUARY SESSION, 1850.

A BY-LAW,

To define the duties of certain Officers, and for other purposes therein mentioned

Title.

Passed January 30th, 1S30.

, . a.„ f^ apfine the duties ofcertaiu Officers hereinafter named, and to provide
'"HERE AS it is expedient and necessary to deline tae auues

- for the more ciTectivc discharge of such duties: .„..,-- ■,

»„embled, Th». i. .haU be th. July of ,h. C.rk of t^» «. » »"» '» " ^^ „„„ .„„,,„

,vitlun iWa County. .,n o, bdbrc llie fir.l Motriay m February ra the f~ '"'''• ' ^aw. of tl.i> I'rovinec :

in eacli of the offices of Township and County Clerks.

Preamble.

Duty of Clerk.

Assessment
Rolls;

Enumeration
Rolls;

by whom fur-
rii?hed.

Duty of

A-isessurs an '
Enumerators.

Defaulting Ae-
MCtisors lined;

amonDt:

CouniyClcrk'8
roporllliereon;

new Assesaor
to beuppoint'd

duties;

p!)!v11 make re-
turns; when.

Wlio Bliall be
Enumerator?.

Persons refus
ing lists orpro
Iicrtv fined.

Assessors to
certify returns
on oath;

how.

Kemuneration
of Asses jors;

I'eei to be au-
dited.

County Clerk
to fumiali Col-
lectors Rolls;

Collector's au
thority.

Collectors to
deliver bonds
to Treasurers

Time for co'.-
lecting rates
iind paying the
same to Treas-
urers;

Proviso.

And be it fvrthev enacted, By the authority aforesaid, That any Assessor or Zuuiaerutor who shall make default in
taking such Assessment, Census, or Enumeration within the lime aforcbaich or who bhall fail to furnish to the eaid Clerki
a copy of such book or books, in mnnner and by the time aforesaiJ, shall lorfeit and pay for such default a penalty ol not
more than Five Pounds and not less than Ten ShiUingn: And the Clerk of the Conniy and the Clerk of each Town-
ship shall, at the first meeting of the County op Township Council next held after the first day of May in each year,
report to the said Council the name of any Assessor or Enumerator who shall not have completed and delivered into
his olficc such A^.essment or Census books: And the Council of the Township for which any such dclinriucnt Assessor
or Enumerator shall have been appointed, shall forthwith appoint another Assessor or Enumerator lor that year ; who
shall Imvc the same power and authority, and be liable to the same responsibilities, as the Assessor or Enumerator first
appointed ; and who being qualified as the law directs, shall proceed to take such Assessment and Census, and make
their returns to the County and Township Clerks, as hereinbefore provided, within one month after his or their notifi-
cation of such appointment

And be it further enacted, By the authority aforesaid, That the respective Asacssora of Townships shall also be
the Enumerators, unless it be otherwise provided by the Townshiii Council.

And be it further enacted. By the authority aforesaid. Thai if any person shall neglect or refuse to deliver to the
Asscs.sor a true list of his, her, or their rateable property, as the law directs, and in manner and form sot forth in the
■ Assessment books aforesaid, or shall wilfully misstate such rateable property, such person or persons shall forfeit and
pay a sum not less than Ten Shilli^fc's nor more than Five Pounds, with costs, for every such neglect or refusal.

And be it further enaUed, By the authority aforesaid, That the said Assessors and Enumerators shall respectively
sign and certify their returns; and make oath or aflirmation-if entitled by law to affirm-before any Justice of the
Peace within this County, to the elfect that the same have been truly and faithfully taken by them ; and that the same
arc correct as far as they can ascertain.

And be it furtlver enacted, By the authority aforesaid. That the said Assessors and Enumerators shall be entitled
to receive for taking such Census, Assessment, and Enumeration, fees heretofore accu.-^tomed to b,T paid, or which shall
be established i • the respective Township Councils for such services; which said fees shall be audited by the Aditors
of the County, and shall be chargeable upon the funds applicable to the general purposes of the County.

And be it further enacted. By the authority aforesaid. That it shall be the duty of the County Clerk, <vithin two
months after receiving such Assessment rolls or books, to prepare and furnish the respective Township Collectors
within this County with certified Rate Rolls, wherein all County and Provincial rates shall be divided and apportioned
upon each and every person and persons, whose name or names is or are included in such Assessment rolls for their
respective Township, in just proportion to the list of his, her, or their rateable property, real and personal ; and in
accordance with the As.sessment Law.s of this Province: And which said Rate Rolls so rortified shall he to each and
• every Collector sufficient authority for collecting the same ; and from time to time to demand and receive from the
inhabitants of the Township for which such Collector is appointed, all such rates and assessments as may be due and
payable by t;iem respectively on such Rate Roll.

And be it further enacted. By the authority alore.said, that it shall be the duty of each and every Collector, before
receiving such rate, to deliver his bonds, duly executed by himself and f.vn sufficient Freeholders of this County,
(approved by the respective Treasurers to whom such bonds are to be delivered,) one to the Township Treasurer for
■ the collection and payment into his hands of all local and township rates ; and the other to the County Treasurer lor
the collection and payment into his hands of all County and Provincial rates.

And be il further enacted, By the authority aforesaid, that every Township Collector shall collect all rates (which
can be collected) set forth in his said Rate Rolls, and shall pay over the iunount, and finally settle his account with the
.aid Treasurers respectively, on or belore the third Tuesday in December in each year, or sooner if required so to do
by any By-Lau of this Council, or of the Couucil of the Township for which he is appointed such Collector: Piovided
always that it shall and may be lawful for every such Collector to receive for him.clf such fees for a compensation
for his services as have heretofore been accustomed to he paid, or which may be established by the Township Council
or limited by any By-Law of either of the said Councils imposing assessments.

And b.^ it further enacted, By the authority aforesaid, That if any person whose name is inserted upon such Rate

Roll, shall neglect or rofoso to pay the sum or rate for which he, she, or they stand rated in manner aforesaid, for the ^^"^'//f";;?*'-
space of fourteen days after demand duly made of the sanic by the said Collector or his agent duly appomted, the said ^^ neglecting
Collector upon oath before one Magi«lrate of such demand and refusal of payment, as aforenaid, shall bo entitled to to pay rates;
demand an execution for the amount of such rrite or rates ; which execution the said Magistrate is hereby authorised "tesm.y be
and required to grant ; and upon receipt of the same, the said Collector shall, and ho is hereby authorised and required ;«v.e j^ ^^•
to levy the same by distress and sale of the good^j and chattels of the person so refusing or neglecting to pay : Having of goods;
eight days notice of such sale in three public places in the Township; and render the overplus (if any there be,) to the notice;
owner thereof, after deducting the amount of the rates asssessod, and the legal charges of the distress and sale. overplus.

And be it furtlier enacted, By the authority aforesaid, that it shall be the duty of the Assessors of e'ach and every Assessor to
Totvnship within thin County, to make out a Schedule of all lan.U within the same not included within their several make^.chedule
Assessment bool<s ; and they shall sign and deliver the same to the County Clerk, along with the Assessment books,
for the information of the Treasurer, in the following form :—

SCHEDULE OP LAND
/n the Township of , in the County of Norfolk, not inserted in the Assessment Roll of the said Tovmhip in the year — ^^^^ ^^^^^^^^

Lots or part ol Lots.

Concession.

Number of Acres.

And be it farther enacted, By the authority aforesaid, Tl>at the following fee, and no more, shall and may by such ff^^J^^^^^l
collectors be taken lor every distress, advertising, and sale; namely, Three Shillings and Nine Pence. ^i^.

And be it further enacted. By the authority aforesaid, That all fines and penalties imposed by this By-Law, shall ^'"c^^ jJ^^P^^;):
and may be levied by distress and sale of the offender's goods and chattels; under and by virtue of the warrant ot a .gj aud applied
Marrislrate of the County ; and shall be paid into the hands of the Treasurer of the County, for the general purposes notice of sale;
thereof; eight days previous notice of said sale being given, and the overplus (if any there be) being rendered to overplus;
the owner.

And be it further enacted, By the authority aforesaid. That if any person who shall occupy a House, Farm, or T«JJ^'||'^ts^»'''l
Tenement, in any Township or place within this County, and shall have been assessed for the same, shall leave such leaving their
Township or place before the said assessed rates shall have been paid, it shall and may be lawful for the said Collector ~^^^'^
•to ask, claim, and recover the said rates (except such parts thereof as shall have been charged on moveable property,) ^g^instoWnerB
from the owner of the «aid House, Farm, or Tenement: Provided the same shall be demanded fourteen days before of tenements;
the second Monday in December in each year ; but should the year in which the said rates arc due expire before the excepuons;
said rate be demanded, then and in that case the Collector Bhall be liable for the amount : Neverthcloss the said proviso. ^
Collector shall be entitled to procure by warrant of distre^ against any such Tenant, although he may have left the CoUej^tor sha-
Township, and that the Collector may in like manner proceed to receive from all other persons residing in his Town- ^.^^^^^^^^.^
ship,

sniTic 1

" ' " JOHN B. GROUSE, November.

Warden.

tvnship. and that the Collector may in like manner proceea lo receive iroin .u. umc. ,,o.=u>.= .v.».,....i, Collector's

p, the assessed rates which shall not have been paid by the first Monday in November in each and every year ; the remedj^if^ratcs
le having boen demanded fourteen days previous to the date of the Magistrate's warrant of distress. Monday in *

Council CiiAMnEii,
riOth January, 1S50.

A BY-LAW,

To provide for the remuneration of the County Clerk, to repeal part of a By-Law, and for other Title

purposes therein mentioned.

' ' Passed Jamary 30th. IbjO.

^mrHEREAS it i. proper ar.d necessary that provision should be made for tbc remuneration of the Clerk of this
▼▼ County, commensurate with Ihc increased dutic. of his olTice. under recent acts of the Provincial Parliament : Preamble.

Authoriif
By>law recited
nnd npenlfii.

Amount of

CniiiitjrClerk'a
calory ;

duiicH (Je/ined;

cxreption m to
cfttftin fee*.

Be it therefore enacted, By the Warden nnd fbuncillor. of tho County of iVor.rolk, in Miinicipul Council a.^jcmblcd,
That HO much of a By-Law of tho Into Talbot Dislrict Council, pftwcd on the lOth day of Fclirunry, 18 J3, und entitled.
• A By-Law to provide Ibr the remuneration of certain District Ollicers, and to amend n By-Law therein mentioned,"
n« provides a naliiry for tho Clerk of tho said District, he nnd the annio is hereby rcpenlod.

And he it enacted, Thnt the County Clerk shall bo ensitlcd to receive and be paid, out of the fun.i.s applicable to
tho general purposes of the County, in quarterly payments for the year ending on tho fourth Monday in January, 1S5I,
nnd annually in such payments thereafter, the sum of One Hundred I'ounds, for preparing the annual Collector.' Rolls
fur tho general purposes of tho County, under any IJy-La-.v m.i.le by tho said District Council, or to bo made by this
Couneil, or under and by virtue of any Statute of tho Provincial Lcgislaturo ; and for all other services in Itis OfTico,
as 9'tch Clerk, in lieu of all fee», except those provided by tho Dy-Laws of the said late Talbot District Council.

JOHN B. CROUSE,

Council Cn.vMnEn, > "'''''*"•

30th January, 1850. I

Title.

Preamble.

Authority.
Councillors to
lie paid 10» per
ilay wliilc at-
icnriingCouncl

Prcvigo i\s to
Heevcs from
Houghton and
Wnlsinaham.

A BY-LAW,

To provide for the remuneration of County Cnuncillord wlule uitcndiag iSesaiom or Meetings of Council.

Pa.s.skd January 30th, ISoO.
HEREAS it is proper and necessary that provision should be made for the remuneration of County Councillora
while attending their duties at the sittings of this Council :

Be it therefore enacted, By the Warden and Councillors of tho County of Norfolk, in Municipal Council assembled,
That each and every Councillor shall receive and be paid the sum of Ten Shillings, Currency, for each and every day
that he shall be necessarily in attendance at and during the Moeting.-i of the said Council; and that the said sum shall
be in lieu of and in full far all travelling expenses and charges whatsoever, while attending such meetings of the
said Council : Prodded always, nevertheless, That the Town Reeves from the Townships of Houghton aiui Waking-
ham, shall be entitled to and paid tho sum of Ten Shillings additional, in consideration of the greatly increased distance '
which they have to travel in coming to and returning from the Meetings of this Council.

JOHN B. CROU.se.

Council CHAJinER, > Warden.

dOth January, 1S50. \

'■\

luid entitled,
mentioned,"

ijil)lic!ible to
iiiiiiry, IS5I,
L'c tors' Rolia
ladc by this
II Itis Oflico,
incii.
iE,
Varckn.

buncU.

i, 1S50.
Councillors

nHaembled,
1 every day
;1 sum shall
ings of the
Li Walsing-
ad ilistancc

'nrdcn.