^, ^r^% IMAGE EVALUATION TEST TARGET (MT-3) k M./ '■/ *' ^^4l. ,v <- ^ D Coloured pages/ Pages de couleur Pages damaged/ Pages endommag^es Pages restored and/or laminated/ Pages restaur6es et/ou pellicul^es Pages discoloured, stained or foxed/ Pages d6color6es, tachetdes ou piqudes Pages detached/ Pages ddtachdes Showthrough/ Transparence I I Quality of print varies/ Quality indgale de I'impression Includes supplementary material/ Comprend du materiel suppl^mentaire Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been ref limed to ensure the best possible image/ Les pages totalement ou partiellement pbscurcies par un feuillet d'errata, une pelure. -tc. ont 6t6 fitm6es d nouveau de fapon d obtenir la meilleure image possible. Maps. This item is filmed at the reduction ratio checked below/ Ce document est fllm^ au taux de reduction indiqud ci-dessous 10X 14X 18X 22X 26X 30X V 12X 16X 20X 24X 28X 32X lire details ues du modifier ger une filmage The copy filmed here has been reproduced thanks to the generosity of: Library of the Public Archives of Canada The Images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. L'exemplaire film* fut reproduit grAce A la gAn6roslt* de: La bibliothdque des Archives publiques du Canada Les Images sulvantes ont 6t6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettet6 de rexemplaire film*, et en conformity avec les conditions du contrat de filncage. i6es Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. Les exemplaires originaux dont la couverture en papier est imprimis sont film6s en commenpant par le premier plat et en terminant soit par la dernlAre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, salon le cas. Tous les autres exemplaires originaux sont filmis en commenpant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. The last recorded frame on each microfiche shall contain the symbol -^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Un des symboles suivants apparaltra sur la dernidre image de cheque microfiche, selon le cas: le symbols — ► signifie "A SUIVRE ". le symbols V signifie "FIN". re Maps, plates, charts, etc.. may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc.. peuvent dtre filmis ^ des taux de reduction diffirents. Lorsque le document est trop grand pour Atre reproduit en un seul cliche, 11 est film* A partir de I'angle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants lllustrent la m6thode. y errata ^d to nt 16 pelure, pon d 1 2 3 32X 1 2 3 4 5 6 CHARTER OF- THH3 CITY OF WINNIPEG . 1884 WINNIPEG: The Bishop Engkavinc; and Printing Company. 1884. CONSOLIDATED CHARTER OK THE CITY OF WINNIPEG. '■^'^'-•"^'•^ ^o 2p/A ^^,,y^ ^^^^ ""l>" -,c,Kl„l, and ,„a, ; , ^\t,"' '", '"'"""^^ '- 5 llleruto Ik- consolidated. " """^ A'"<=ncJmu«s ^^ And w.e™, , ,„ e,,..d,e„, . ,„„, „^, „^^^.^,^ _^^ ^^^^^ ^^^^_ 'ocnacts as follows:- ' rovince of Manitoba, •^-i<^'a;;:;r;v::;;:;::t^---«eHein,,a.,a„.^ -.oce.,sor., ,,„all be, .,'„d' ^ t™""' '" f^-'^'d, and ,l,en- Pol.t.c and corporate h, fac, and ,^ I T f '° ''^^ ■•' ''"d)' '5 :7,f "•■""■i-«.'^-d. -par 'd ;:;■■, hrr'"'"''^"'-''^ » fully a., ,f ,|,e ,,„„ separrr '' °^ ^''^'"'' «'mn,peg s|,a|| ft„,„ ,h, ,i,l:';'2 ^'"'""'' •^"'^ *= (-•>)• of «q>.-.™ted, ,,„d ,|,e ,an,e is herl '""""^ "' "''" '^^ ^c "f Selkirk for n,u„icipa, pur, « ' o"'!"""',^ '"'» "» Co.nu,. ^c.ion, l.y .he same name iJl ,, .°"'^' '"" *" '""> corpor... *all have power .„ sue and be "1 "-"T:! """'''""• ""^ od. answer and be an.swered mo ' n'" •■■"" "^' """'-e .nanagen,ent ot the alTa , 2^'"'T'' '" "«'-^'="'^'"" 3o accepting .any „„„,,, bin, of "x .|v n T ?''• "'" S^'-B "^ o'l'or instr.n„e,us or securities ,2 ' "■''• "'"'«'''""-. or 2 executing, guaratUeeiiig the execulion of any duty, right or thing whatsoever, and for tlie payment or securing the payment of any money borrn\vey the said corporation may l)e thought advantageous or ex- pedient. Provided always that the said cori)oration shall not make or give any bond, bill, note, debenture or other under- taking for the |)ayment of a less amount than one hundred dollars; and any bond, bill, note, debenture or other undcrtak- 20 ing issued in contravention of this section shall be void. Pro- vided always, that nothing herein contained shall be construed to authorize the said corporation to issue notes or bill., of ex- change i)ayable to bearer, or to issue notes to circulate as those of a Bank. And provided furtlier that the corporation of 25 "The Mayor and Council of the C'ity of \Vinni|)eg" shall not be deemed lo be dissf)lved by this Act, l)ut the same shall always be deemed lo hv the same corporation a.s that known hereunder as "The City of Winnipeg." Antl iirovided further that "The Mayor and Council of the City of Winnipeg" or "The 30 City of Winnipeg" shall not be by virtue of this Act, relieved from any iluty, obligation, liability or indebtedness heretofore or now owing, existing or due, to any county, municipality, corporation, person or jjersons, by reason of or by virtue of any act, statute, law, contract or proceeding heretofore 35 l)assed, existing or in force ; and provided also, that the change o( name of the sa.d corporation shall not affect or cause the abatement of any action or [)roceeding \.o which " The Mayor and Council of the City of Winnipeg" are parties, but the same shall be contituied as if this Act had not been passed, and any 40 judgment, order or proceeding therein shall have the same effect in favor of (jr against the corjioration by the name of .^__*^JL^-,1^ M._.-...L ' :\ 15 "'riu'City of W'iiuiipcii" iis it sue li had hccn heretofore the name of sw A corpoialiDii. and the corporalioii iiad always been a parly to hik h action, suit or proceediiij^ l)y the name of "The ('ity of W^innipej; " and the said lorporalion of the City 5 of Winnipeg iiiider (he name (•( " I'lie City of VVijuiipeg" shal] be entitled to all the rii^hts and pri^ ileges, property and assets belonginj; to the corporation under the name of "'''he Mayor and Council of the City r.i Winnipeg" at the tiine of the passage of this Act, except as varied thereby. And it is hereby further 10 enacted that the separation mentioned in this section of this Act from the county of Selkirk is upon ti>e express condition that the said corporation of "The City of Winnipeg" shall within f)ne month from the passing of this Act, i)ay or cause to be paid to the county council of the county of Selkirk, or 1^ their successors, the claim of the said (bounty Council against the corporation of ''The City of Winnipeg" now in suit in the Court ofQiicen's Bench, with costs of suit, to be taxed by the proper otifker in that behalf. 20 f 20 2, I'he said city of W'innipeg shall be bounded as follows :- CITV LIMITS Commencing at a ])()int in the centre of the Red River where the line between lots two and three of the parish of Kildonan would strike if produced easterly thereto ; thence westerly along the said line between lots 2 and 3 to the north-east cor- 25 ner of section 24, township 11, range :, east of the principal meridian ; thence westerly along the north side of the road allowance, to a point opposite the norlh-we.st corner of the north-easi cjnarter of sc ion 24, of the before-mentioned township, and range ; thence southerly along the western line 30 of the aforesaid quarter-section to the south-west corner thereof ; and thence in the same direction along the east lino of the south-west quarter of the same section to the south-east corner thereof; ihence due south along the west side of the Covern- ment road allowance to its intersection with the north side 35 of the road allowance on the four mile limit of the lots fronting on the Assiniboine River , thence westerly along the north side of the last mentioned road allowance to a pcint where the westerly side of the Ciovernment road allowance between lots 41 and 4.? of the parish of St. James would strike if produced, 40 northerly thereto ; thence southerly along the west side of the t last-iucntionccl road allow ancf tvi the niiiic ol the Assinihoine River ; tliciu c wcMlcrly along tlu' tciitrf of the Assinihoinc River to its interseition with the parish line between St. Honi- fac.e anil St. Charles, produced northerly thereto ; thence along the said parish boundary southerly H) thf twoinile limit of lots 5 lying on the south side of the .Xssiniboin-: River; thence easterly along the south side of the road allowance on the two mile limit of the Assiniboine lots to its intersection with the west side of the road allowance on the two nule limit of lots border- ing on the Red River ; thence southerly along the west siile of 10 the last-mentioned road allowance to its intersection with the line between lots i^^and 17 of the pari>h of St. IJoniface: thence iMsterly along the last mentioneil line to the divisional line between lots 13 and lO ; thence southerly aloi>^f the last men- tioned divisional line to the ( entre of the Red River, and 15 thence following the centre of the Red River to the place of beginning. / The said City of Winnipeg shall be divided wUi six wards, to be numi.ered res|)cctively "one,' "two,"' "three,'" "four," "five"' and "^ix." 20 UAKD NO. I. Commencing in the centre of ihe Red River where the cen- tre of the Assiniboine River intersects it ; thence westerly along the centre of the Assiniboine River to its intenscction with the parish line between St. Boniface and St. Charles, pro- 25 duced northerly thereto ; tlien( e along the said i)arish boundary southerly to the two mile limit c( lots lying on the south side < f the road allowance on the two-mile limit of the Assiniboine lots to its intersection with the west side (A' the road allowance on the two mile limit of lots brtrdering rn the Red River; thence 30 southerly alcng the west side of the last mentioned road allow- ance to its intersection with the line between lots 13 and 17 of the parish of St. Boniface ; thence easterly along the last-men- tioned line to the divisional line between lots 13 and 16 ; thence southeasterly along the lastmentioned divisional line produced 35 to the centre of the Red River, and thence following the centre of the Red River to the place of beginning. «t» WARD NO. 2. Comment. ;ig in the centre of the Red River where the cen- tre line of Water street would strike, if produced easterly 40 i 5 ^^•r tlien-t"' ; iIutk i' \vcs(irl\ olon^; tlio rviUii' •>(" \\ iilci strcot 1«) the (inlri' (>r M.iiii sltvit : ilicm c nnitluily aUtn^^ the < (.-ntrL' of Main slrcxt lu its intcrscttion with llic ( ctUrc of (^)iii;c-n street, or I'ortagc avenue ; thence westerly ah)ng the t entre of Queen 5 street, or I'ortage avenue, to its intersection with the centre of Notre Dauie street west ; liutK e westerly alonj^ the centre of Notre I )anie street west to the (entre of Boundary street ; thence southerly along the centre of Moiuuliry street produced to the centre of the Assinihoine River ; thence easterly, following the '0(entre ol the Assinihoine and \\>.i.\ Rivers to the place of be- ginning. WAKI) NO. ^^. Coninieni ing at the (entre of the .\ssinil)(jine River, where the (entre line of Boundary street would intersect, if produced 15 southerly thereto : thence northerly along the centre of Boun- dary street to the centre of Notre Dame we.st ; thence vTesterly, following the centre of Notre i )ame street west to the we.stern limit of the city ; thence southerly, following the western limit of the city to the centre of the Assinihoine River; thence east- 20 erly along the centre of the Assinihoine River to the place of beginning. WARE) NO. 4. Commencing in the centre of the Red River where the centre of Alexander street would strike if ])roduccd easterly thereto ; 25 thence westerly along the centre of Alexander street produced to the city limits ; thence southerly following the western limits of the city to its intersection with the centre of Notre Dame street west ; thence easterly along the centre of Notre Dame street west to the centre of Queen street, or Portage avenue ; 30 thence easterly along the centre of Queen street, or Portage avenue, to the centre of Maan street ; thence southerly along the centre of Main street to the centre of Water street • thence easterly along the centre of Water street produced to the cen- tre of Red River ; thence northerly along the centre of the Red 35 River to the place of beginning. \V.\RD NO. 5. Commencing in the centre of the Red River where the centre of Burrows avenue would strike if produced easterly thereto j thcnri' westerly along the centri' of IWiinnvs .ULniie produced to the WLslcni limit of llu' « iiy : llwme soi!lln.rly alon^ the western liniil of the city to its intersection with the c entre of Alc.Niinder street [irodiu ed ; ilienee easterly along the (entre of Alexander sli\et produeed, to the centre of the Red River : 5 northerly along the centre ol \\'.i\ Kivei to the plac e of the beginning. WARD NO. (). Conuneneing at a i)oint in the (entre ol the Red River where the line between lots 2 and 3 in the i)arish of Kiid man would 10 strike if i)roduced easterly thereto, thence weslerl along the said line between lots 2 and 3 to the north east ( '-riier of sec- tion 24, townshij) II, range 2, east oi' tht.' principal meridian, thence westerly along the north side of the roaJ allowance to a point o])posite the north-west corner of the north-east (|uarler 15 of section 24 of the before mentioned township and range, thence southerl\ along the western line of the aforesaid (juarter section to the south-west cpiarter corner thereof and thence in the same direction along the east line of the south-west cpiarter of the same section to its intersection with the centre of Hur- 20 rows avenue i)roduced, theiu e easterly along the centre of Burrows avenue produced 'o the centre of the Red River, and thence northerly along the (entre of Red River to the place of beginning. i CONSTITUTION OV COl'NCII.. 2$ 3. There shall be elected from time to time in the manner hereinafter mentioned, a fit ami proper person who shall be and be called the Mayor of the City of Winnipeg, and two tit per- sons for each ward, who shall be and be tailed aldermen of the city of Winnipeg ; and such mayor and aldermen for the time -^o being shall form the council of the saiil city, and shall be des- ignated as such, and shall represent for all purposes whatso- ever, the corporation of the city of NVinnipeg, and shall hold oflfice until their successors are appointed as provided for in this Act. 35 (i.) Any person being m I'.ol)' orders or the minister of any religious denomination whatever, or any judge of any Court ot Record in this Province, slieriffs or ofti( ers of the said courts or officers of Her Majesty's army or navy, or dominion, jjrovin- cial, county or city license commissioners or inspectors, or sal- 40 aricil ()t"ti(iT> ol ilu- iilcil at<<)iint against oi iliic hy, or iMldiiig any license tum\, or a ccrtitiratc to obtain a iitcnsc from the said mayor and council, or any person a( (oimtahle for the revenues of the 5 city, or any officer or person presiding at the election of mayor or aldermen while so employed, or any |)erson who shall have been convicted of treason or felony in any court of law within Her Majesty's dominions or elsewhere, or any person having by himself or through his partner, or as director in any incorpor- lo aled com])aii) any contract whatever, or interest in any con trad with or for llie city, either directly or indirectly, shall not be < apabk' of being elected or serving as mayor or alderman for the ( ity. {2.) 'Ilu persons (pialified to be elected mayor and aldermen 15 are su-ipal elec- 25 lions shall be the same as that required in the case of elections of a member of the Legislative Assembly of this Province, and the voters lists as printed, revised and corrected, as hereinafter l)rovided, shall be the list used for both municipal and legisla- tive election. 20 (i-) I li<^ following persons shall not be entitled to vote at a municipal elections : (a.) Persons having been convicted of felony. {/).) Aliens. EI.ECTfONS. 35 5. A meeting of the electors of the city shall take place for the nomination of candidates for the ofifice of mayor of the city on the first Monday of the month of December, annually, at 8 flcwii ii'diKK ill the roiL'nooii, in lln; < i(\ liall. antl fur the iioiniiiation of c.andiclalcs for the olVuc of altlcnncn tor each ward, on the saiiK- day ami at tlic same place at the hour of twelve o'clock noon. The clerk of the city shall be the return- ing office>r of the city to i)reside at such meeting, and in case 5 of his ;il)sence or inability to attentl. the coinii il shall appoint a person as returning officer in his nhue. and if llie clerk t)r the person so appointed does t«jt attend at the hour for holding such meeting the electors present shall appoint a returning officer from among themselves. 10 (1.) \o nomination for mayor shall !)e received after the hour of twelve o'ck)ck noon of the said tlay and no nomination for alderman shall be received aftei (jne oVlock in the after- noon of the said day. « (2.) '{'he city clerk shall give notice of such meeting of the 15 electors for the nomination of candidates for mayor and alder- men by ad\ertisement for at least one week in a daily new.s- paper ])ublished in tlie city and at least six posters posted in each ward in said cit\ . •rt- 6, The nomination of each candidate shall be in writing 20 and be signetl by the ])roposer and seconder, who shall be in cabe of alderman duly (pialified electors of and resident in the ward in which, the ( aiulidate is nominated, and in case of mayor duly (|uaiilied electors of, and resident in any ward of the city, and such nomination shall contain a statement signed 25 by the person nominated that he consents to such nomination. If no more than the recjuired number for any particular office be nominated, the returning otiticer shall, after the lapse of one hour from the time llxei for holding the meeting, declare such candidate or candidates duly elected for such office or otli'es. 30 Should more than the requisite number be nominated for any particular office, the returning officer shall adjourn the proceed- ings for filling such offices until the .second Monday in De- cember, when the poll or polls shall be opened in each ward, or polling sub-divisions at such |;lace or places respectively riS3[5 may Ix- fixed by the by-law of the council for the election at nine o'clock m the forenoon, and shall continue open until five o'clock in the afternoon of the same day and no longer. 7, The council shall from tinie to time by by-law appoint i I ; i 9 ^ \\ \ lO Bl' 15 20 -3 i i the pl.uc or |)ia« (.s f-n lakin- the vote ot [he t.iv< tuis in earli ward of the city, r.nd appcjini ihe depuix turning otlicers t«> take the said voles in sueii wards, and ii ilie i.\enl ot no siu h deputy-retin-ninL( oftieers f)eing so ai)puinted, [he ( lerk ot" the 5citysliall ai)point deputy letiirninL; otificeis ibi holdini: the election in conforniity with this Ael. (i.) In case at the time appointed for holdini; an eUction the i)erson aj)pointed to l)e deputy returnini- otticer lias died or does not attend to hold the election within one hour after 10 the time appointed, or in case no deputy returninii officer has been ai)])oinled, the electors present at the place for lioUlinLi the election may choose from anioni; themselves a depi.ix re- turning officer who shall have all the powers of a deputv return- ing officer, and shall forthwith proceed to hold the elei lion and r5 perform all the other duties of a deputy retiuning officer, and in all cases the city clerk or such ])erson as the council may appoint shall administer the necessary oath of office to the deputy returning ofifi( ers. (2 ) The returning offi(-er and deputy returning offices how- 20 soever appointed as aforesaid, shall during the election, act as conservators of the peace fo; the city, and they or any justice of the peace having jurisdiction in the city may cause to be arrested, and may summarily try and punish by fine or im- prisonment or both, or may imprison or bind over to keep the 25 peace or for trial, any riotous or disorderly person, who assaults, heats, molests, or threatens any voter coming to, remaining at or going from the election, and when thereto reciuired, all con- stables and persons present at the election shall assist the return- ing officer, dejuity-returning officer, or justice of the peace, 30 under a penalty of fifty dollars, or in default of payment to be imprisoned for a period not exceeding thirty days. (3.) Every returning officer, deputy returning (jfficer or jus- tice of the peace, may appoint and swear in any number of special constables to assist in the preservation ot' the peace and 35 of order at the election, and any person liable to serve as con- stable and required to be sworn in as spevial constable by the returning officer, deputy returning officer or justice of the peace shall, if he refu.ses to be sworn or to serve, be liable to a penalty of twenty dollars, to be recovered to the use of any one who 40 will sue therefor. 10 3, IIh' |ii(H\i.-(l.ings al clcciit^iiis shall he as follows : (i.)'l'hc clerk of the city or other iclurning uflicer siiall iiefore the poll is o|)ened, deliver to tl:c deputy returning oflu e: for cachi ward or i)olliiig sub-division, a ballot box, and a cop\ answering to the fcjrm in the schedule of this Act, cerliiied to 5 be a curre( t copy of the Voters' list of the ward and :Jso a list of the candidates for the office of mayor and of the candidales for the ottice of alderman for such ward, together with a suf- ficient jiumber of ballot.-, for aldermen and for mayor, or lither asre(|uired. 10 (2.) The clerk or other returning officer shall de!i\er with such Voters liMS his solemn declaration under oatli tiKil tlic said \'cters' list is a true and correct list, containing tlie r, ijnes of all ] (h( u|);ili()n and residence to the deputy rcUirnin.L,^ officer, or if so re(|uired shall take the following oail) |or affirmation] : - "1 swear [or affirm] that I nm a subject of Her Majesty by 5 birth [or natiirj ligation] ; that I am twenty-one years of age; that I am the person whcse name is on the list of electors now shewn to me ; that I have not voted before at this election in this ward or for a candidate for mayor [if the elector proposes to vote for a candidate for the Mayoralty] ; that I have not re- loceived anything nor have I accej)ted any promise nuade to me directly or indirectly either to induce me to vote at this elec- tion or to indemnify me for loss of time, travelling ex;)ense^-, hire of vehicle, or any other service connected with this elec- tion ; that I have not been guilty of any act of bribery or undue 15 influence as defmed by this Act or any Act of corruption dis- qualifying me from voting at this election, and that I am ])ro- perty (jualified to vote at this election. So hel]) me (iod." (8.) The Coimcil of the city shall ])rovide a ballot box for each ward, which shall be provided with a lock and key and 20 have an opening through the lid of sufficient si/e to admit a single folded ballot and no more, and the same boxes shall be kept by the city clerk foi the uses of the said city only, and shall be given out by him to the several deputy returning officers for use in election purposes, and it shall be the duty of the 25 deputy returning oflu er for each ward forthwith after any elec- tion to return the same to the city clerk. =5 i }o (9.) The deputy returning officers for each ward shall, upon the opening of the poll, open the ballot bo> in presence of the candidates (if ])resent) and their agents or other persons then 30 present, and shall liun it upside down, so as to shew it is empty, and then lock the box, and the key thereof shall be kept by him, and the said box shall not be re opened until the close of the poll for the pur[)ose of counting the ballots therein. J5 i •^5 (^o.) Every ele( tor shall vote by ballot. (ri.) It shall be the dut) of the clerk forthwith after nomin- ations are held for the oflice of Aldermen in the ^•arious wards in the city to cause to be printed a ballot for each separate ward in which there shall be an election for aldermen, which 12 ballot sliall have i)rintc(l ti|ii)ii iluiii in lar^c Itucis at the top tlic nuinhd" o\ ilic ward aiul lliciL';iflcr thr names i)f llic lati didates for the oiVkc of aklcrnian for lliai ward, which names shall he in alph ihelical order, and deliver sufficient of the same to cath depulN returning officer for each ward. 5 (t2.) In case an election for Mayor is reciuired, the clerk shall cause a ballot to be jjrinted, which shall have printed upon it at the top "City of Winnipeg," and thereafter ])rinted in large letters the names of the candidates for the oifice of Mayor, which names shall be in alphabetical order, and deliver 10 sufficieru of the same to the deputy returning officers for each ward. (13.) The ballot papers for Mayor shall be i)rinted on pink or red paper, and those for aldermen on white ])aper, and there shall In.' a margin telt on the right-hand side of each ballot ' 5 after the names sufficient for the mark of the voter, and the names shall be printed closely to the left-hand margin. (14.) The dei)uty returning officers shall provide a private room with desk and i)encil where a voter shall retire to mark his ballot. 20 (15 ) The deputy returning officer shall put his initials upon each ballot when one is asked for by a voter, and shall mark upon the voters' list a mark to indicate that a ballot has been uiven out. No voter shall be given more than one ballot paper for Mayor and one for Aldermen. 25 (16.) The voter shall at once, upon receiving his ballot paper or papers retire to the room provided for the purpose and mark his ballot or ballots by putting his cross on the right-hand side of the name of the candidate for whom he wishes to vote, and shall at once fold and return the same to 30 the deputy returning officer, in the presence of the Scrutineers or agent or agents of the Candidates, who shall without open- ing the said paper or p.ape"s, or permitting the same to be opened or examined, deposit the same in the ballot box and the deputy-returning officer's clerk shall thereupon write down 35 the name of the person who.se ballot paper has been deposited in the said ballot box in a separate list provided for that pur- pose, and the said clerk shall sign and subscribe his name to i( li '•'■M'tfik^dAMMji) X ■5 ;o 55 . I 2a If the election of tlie mayor, or one or more aldermen be contested, such 'ontestntion shall be decided by any ' ' '. of the Court of Queen's Beni h in ("hamliers. (i.) Every soch election may be <;ontested by any unsucces^ 5 ful candidate or by at least ten electors qualified to vote at such election. (2.) The said contestation shall be brought before the Judge in Chambers by a petition signed by the petitioner or petition- ers, setting forth in a clear manner the grounds of such con- to testation. (3.) A true copy of the })etition, with a notice stating the day on which the petition will be presented to the Judge shall be first duly served upon the mayor or aldernan or aldermen whose election is contested, at least eight days before the day » 5 on which the petition is presented to the Judge, and a return of the service shall be drawn up and signed in due form upon the original of the petition by the person who made the service ; but no such petition shall be received after one month after the election thereby contested ; nor shall any such petition be re- 20 ceived unless security for costs, to be approved by the said Judge, be given by the petitioner or ])etitioners. (4.) If the Judge is of opinion that the grounds set forth in the petition are sufificient in law to void the election, he shall order proof to be adduced and the parties interested to be 25 heard on the nearest day which he deems it expedient, and shall proceed in a summary manner to hear and try the said contestation ; the evidence shall be given in the same manner as in an ordinary civil cause ; and if the trial of such contesta- tion is not concluded at the close of the sittings during which 30 it began, the Judge may continue the same, and shall adjourn from day to day until he has pronounced hi„ .Inal judgment upon the merits of the same, and every such judgment so pro- nounced and all proceedings had in any such case shall have ♦^he same effect as if the same had been pronounced or had in 35 Qpen court. (5.) The Judge may, on such contestation, confirm the elec- tion or declare the same to be null and void, or declare another i !•» perhon to have been duly cle« led. i>t may, in cither «■a^>e, awani costs to or against any party, whirli costs shall l)f taxed and allowed in the ilourl ot'(^ui'i'nV licnch at law, and shall he re coverable bv execution issued out of the Court of (jueen's 5 Rench by order of the said Judge. (6.) If any defect or irregularity in the formalities presr to 10 ])rocuro or prevent the passing of any such by-law as aforesaid, or the vote of any voter at any municipal election, or for or against any such by-law. (3.) Every person who, by reason of any such git't, loan, offer, l)romise, procurement or agreement, procures or engages, pro- 15 niises or endeavors to procure the return of any person in any municipal election, or to procure or prevent the passing of any such by-law as aforesaid, or the vote of any voter at an\ muni- cipal election, for or against any such by-laws. (4.) Every person who advances or pays, or causes to be 20 l)aid any money to, ^)r to the use of any other person with the intention that such uK^ney or any part thereof shall be ex])end- ed in bribery at any municipal election, or at any Noting upon a by-law as aforesaid, or who knowingl\ p.iy> or causes to be paid, any money to any person in discharge or re-payment of '5 any money, wholly or in part expended in bribery at any such election or at the xoting upon anv such by-law. «•" (5.) Every v(jler who. before or during any municipal elec- tion or the voting on any such by-law, directly or indirectly, by himself or any other person on his behalf, receives, agrees, or 30 contracts for any monty, gift, loan, or valuable consideration, office, place of emplojment, for himself or any other person, for voting or agreeing to vote, or refraining or agreeing to re- frain from voting at any such election or upon any such l)y-law. (6.) Every person who, after any such election, or the voting 35 upon any such by-law, directly or indirectly, by himself or any other }jerson on his behalf, receives any money or valuable t . iif:£J. i*i^ t> L- k- -^^.l • ifiIjfe.!-~-" 21 ((insifkr.it ion on ac,) Every person during the voting at an election or upon any by-law who knowingly personates and falsely assumes to 30 vote in the name of another person, wh'ose name appears on the voters' list, whether such other person he then living or dead, or if the name of such other person be the name of a fictitious person. Every person who having already voted at an election or upon a by-law presents himself again to \ote at 35 the same election or upon the same by-law. Every pers(jn who aids, incites, counsels, or facilities the commission by any per- son whomsoever of any of the foregoing acts in this sub-section mentioned. •10 |4« ^ lit" -" I'l'il pciMi'ial expenses ol" any candidate, his expenses for artiuil professional services jjerformed, and bona fide ]jaymenls for the fair cost of printing and advertising, shall he held to he the e.\i)cnses lawfully incurred, and a payment tJiereof shall not be a cnntravention of this Art. 5 I 6m-} BJflJ "♦• 27 32* ■' l^'ersoiiiil estite' and '•jjersonLiI properly,'' shall in elude all goods and chi.ttels except land and real estate and real property as above defined and except property herein expressly exempted. 5 "Property"' shall include both real and personal properly :is above defined. 11 lO '5 20 30 35 33. Unoccupied lands shall be denominated "J-andsor Non-Residents," unless the owner thereof luis a legal domicile or place of business iti the city, or gives notice in writing, set- 10 ting forth his full name, place of residciue, and post c ffice ad- dress, to the clerk of the city, on or before the: thirtieth diiy of October m each ycnr. thai he owns such land, describing il. and recjuires his nanir to bi ciUered on the assessment roll therefor, and the clerk of the < ii\- shall, on oc before the first 15 day of November in each year, make up and deliver to the as- sessors, a list of the i)ersons rccjuiring their names to be enter- ed on the roll and the lands owned by them. 34. AH municipal taxes or rates, shall, where no other ex- ))ress provisions have been made in this respect, be levied 20 ecjually on the whole r; teble property, real and personal of the city according to the assessed value of such i)roperty and not upon any one or nKjri kinds of proi)erty in particular or in different proj)ortions, KXK.MI'TIOXS. 25 35* -^'l ''^"*^^ '"^<1 personal property in the city shall be lia- ble to taxation, subject to the followiyg exemptions, that is to say : (i.) All pro]>erty vested in and held by Her Majesty or vest- ed in any public body, or body corporate, officer or person in 30 trust for Her Majesty, or for the public use of the Province, and also all property vested in or held l)y Her Majesty or any other person or body corporate, in trust for or for the use of any tribe or body of Indians, an(i either unoccupied or occu- |iied bv some person in ;iii official cajiatity. I ^ 35 (2.) Where any property mentioned inthcprecedingclau.se is occupied by any person otli<.rwise th;m in nn official capacity, 211 the occupant sliall he assessed in respect thereof, but the pro- perty itself shall not he liable. (3,) ICvery place of worship and not more than two acres of lanil used in connection therewith, and every burying ground, but in no case s'lall any one jiarish ciiurch or congregation be 5 entitled in the aggregate to more than two acres by way of ex- emption. 4" 5 « (4.) 'J"he buildings and grounds of and attached to, and the furnituie, library and educational appliances belonging to every Ijniversity, C'ollege, High School, Public free Library, Mecha- 10 nics Institute, the lands of any Agricultural or Horticultural Society, or any incorporated seminary of learning, whether vested in trustees or otherwise, so long as such buildings and grounds are actually used and occupied by such institution, or if unoccupied, but not if otherwise (jccupied. _ 15 J^ 101 15 (5.) l',very Public .School House, City Hall, Court House, (laol, House of Correction, Lock-up House and Public Hospi- tal, or incorporated charitable institution, with the land attach- ed thereto, and the personal property belonging to each of them and used in connection therewith. 20 (6.) livery public road, street, way, square or park. {*].) The property belonging to the city, v.hether occupied for the purpose thereof or unoccupied, but not when occupied by any person as tenant or lessee or otherwise than as a servant or ofitici.r of the city for the purpose thereof. 25 (8.) Any Penitentiary, Prison, or Reformatory and the land attached thereto belonging to this Province. 20 25 ^o (9.) Lvery Industrial Farm, Poor House, Alms House, Or- phan Asylum, House of Industry and Lunatic Asylum, and every liouse belonging to a company for the reformation of 30 offender.^, and the real and personal property belonging to or connected with the same, and used in connection therewith. (10.) I'^ach hor.«e regularly enlisted for duty in any corps of the actiN c Militia of Canada. 35 ' iiimime^fi^£m$-^»^i^-:-' --...^^^ixi^. 2J) «(i. 23 li 36, I" assessing vacant ground or ground used as a farm or nursery and not in immediate demand for building purposes, the value of such vacant or other ground shall be tliat at which sales can be freely made; and where no sales can be reasonably 5 expected during the year for which the assessment is being made, the assessors shall value such land as though it was held for farming or gardening purposes, with such percentage added thereto as the situation of the land may reasonably cull for, and such vacant land, though surveyed into building lots, if un- loused as such, maybe entered ujjon the assessment roll as so many acres of the original block ov lots, (lcs(ril)ing the same by the descri]Jtion of the block or by the numiier of the lot (as the case may be); provided that in such (>f/a fide used as a farm or market garden or in connection with a building as a paddock, park, lawn, garden or pleasure ground, it shall be assessed at a valuation whicii at six per centum would yield a sum equal to the annual rental which in 25 the judgment of the assessor it is fairly and reasonably worth for the purpose for which it is used, reference being always had to its position and local advantages. M ISC1',I.I..\NHX>LS HKOVISIONS. 37. No assessment shall l)e invalid by reason of any defect 30 in form, or by reason of omission of assessable property there- from or by the non-return of the roll at the time sj^HMfied. (1.) It shall be the duty of su( ii assessors, in addition to other duties imjjosed upon them, to collect such other informa- tion as is required by any Act of the Legislature of this Pro- 35 vince, or by any Order in Council passed thereunder. (j.) The real estate of all railway companies shall be consid- ered as lands of residents, although the company has not an office in the city, except in cases where a company ceases to 10 ;.s«ji(i->t it.- I oi)ti'r;ite iii,«\\cr:< ihiuULili i;-i^'jl\cii( \ iir otliL-i' cause, rxCL'pl ihc |)iu))frtN ut am iailw;i\- < DfTijxuiy lu-n-totori' cv- (6.) All |)ropcrty, the names ol' the owners of whiih shall not he ascc;t;iined by the aa.sesb.nrs, shall he entered in the assess- iiunt n '.I ;is ''non-resident i^ropeity." }| il (7.) I ands occupied Sy the owner shall be assessed in his or her name. i( (S.) .\s to the land not occii[)ied by the owner, but of which ihc owner is known, and who at the time of the assessment 10 lieing nnide, resides, or has a legal domicile or place of business in tlic city, or who has signified, by wri:ing to the city clerk, as herein ])rovided, that he owns the land and requires to be as- sessed iherefor. the same shall be asses.sed against such owner alone if ihe land is unoccupied, or against such owner and 15 occupant when occupied. 1 ' {(.).) No person in Her Majesty's naval or military service on full |)ay or on actual service, shall be liable to perform statute labor or to commute therefor. (10.) I'A'ery other male inhabitant ol the city of the age of 20 twenty-one years and upwards who h.as not been a.sses.sed upon the assc-sment roll of the city, or who>.c taxes do not amount to two dollars, shall be taxed at two dollars yearly, wliich shall be colki ted in the .same manner as other taxes, and shall be known as "Poll tax,"' and a separate roll containing the names 21^ of the i)er.sons liable shall be made by the assessors. 2( (11.) The assistants of '.lie assessnunt commissioners after their appointment by the council shall lie under the control and suj)ervisi()n of the assessment commissioner, who shall have the right, irrespective of the council, to suspend any assistant di.s- ^o obeying orders or otherwise in his opinion violating the duties of his office pending the action of the council, and during which period his salary and wages shall cease, and the said as- sessor may also during such suspension of any a.ssisfant pend- ing the action of the coun! hi- real and personal property as ascertained after said final r^ \imoi,. and he shall calculate, and opposite the said assessed value therein described of each respective person he shall set down join separate columns headed with the name or object ol each rate, or otherwise as the case may re(iuirc, the amount for which the person is chargable for each purpose respectivelv and the total amount required to be collected from or paid by sucli person on the assessment of that year tor all purposes for whicn 15 a levy is reijuired to be made in the city, and every rate the proceeds of which are required by law or by the by-law impos ing it to lie kept distinct and accounted for separately shall Ix s(j entered and calculated separately ; and, in the second pan which may be called the *' Non-Resident Roll," he shall sei 20 down and enter the lands of non-res»dents whose names havt not been set down in the assessor's roll, together with the val ue of each lot, part of lot or parcel as ascertained after said revision, and he shall enter opposite to each lot or parcel all the rates or takes with which the same is chargable in the same 25 manner as is provided for the entry of rates and taxes in said first part or " Resident Roll.'" ' *l 25 30 42. 1 be said tax roll shall also have a column in which shall be entered any arrears of taxes due on or in respect of any land or other property in the city and said arrears shall be 30 set down opposite the name of the person, or in the non-resi- dent roll opposite the land liable therefore ; and these arrears of taxes shall be such as shall have been furnished to the clerk of the city by the collector or such as the city clerk shall him- self be otherwise aware of from the books or other accounts in 35 his office or possession as such clerk, as being legally due on or in re;,pect of any land or property in said roll. m e35 e W I 43a When the said roll is completed both parts shall be given to and remain in the hands of the tax collector for col- lection. 34 44. ^1 receiving said tax roll the collector shall forthwith transmit !)> mail, (registered) a notice contaming a statement and ilemand of taxes to each jjerson whose name appears on said resident roll, or to the agent of such jjerson if absent and he knows the name of such agent and to each person on the 5 non resident roll or his agent if he knows the address of such person or agent, and such statement and demand shall mention the time when su( h taxes are reciuired to be jiaid and what dis- count (if any) will be allowed for prompt payment of the same, and the said collector shall enter the date of mailing such 10 notice in said tax roll opposite the name of the person taxed, and such entry shall be prima facie evidence of the mailing of the same. (i.) On the back of each such notice there shall be printed a brief summary of the princij)al provisions of the "Agriculture 15 Statistics and Health Act, 1883," or of any amendments thereto as regards the duties of the general public in reference to the regi.itration of births, marriages and deaths in such form as from time to time may be prepared by the Inspector of Agri- culture Statistics and Health under the provisions of section 20 sixty (60) of the "Agriculture Statistics and Health Act, 1883," or any amendments thereto. 45. He shall also give notice by bills posted in public and conspicuous places in the city or by advertisement in at least one newspaper published therein in such a manner as the 25 council may direct in respect to the time and place of paynu.,. of such taxes and such other general pardculars as are con- tained in the notice of demand aforesaid. 46. i'l f"''^ ''iiiy person resident in the city, or who being a non-reside.it shall have required his name to be placed on 30 said assessment roll, and who personally, or by his duly authorized agent resident in the city, shall have been served with or shall have received such statement, neglects to pay his taxes for thirty days after such demand, as aforesaid, the collec- tor may !)y himself or his agent levy the same with costs by 35 distress and sale of the goods and chattels of the person who ought to pay the same or of any of his goods or chattels in his possession or in the possession of any person for him, where- ever the same may be found within the city, and the costs chargeable shall be those the council may by by-law or regula- 40 tion allow for the same. t M ^ t 47. Notice sliiill he i-ivcii Ity pniiiTs |)v adscwi«' Micnt in at least throe issues ot' one or more newspapers |)ul)- lished therein, when and where the sale of goods ami chattel- 5 tiistrained is to he nuide giving at least eight da)s jiuhlii notice of sale and of the name of the person whose pn»|iert\ is to he sold and at the time named in the notice, the •ollector or his agent shall sell at |)iihlic auction the goods and chattels ilistrained, or of so nuu h thereof as may he necessary : hut losuch goods and chattels or any other description of property so puhlicly sold for taxes, shall he exempt from auction duty. 48* " ^'^'^' yoods ami chattels seized are sold for more than the whole amount of the assessnient levied for, and the costs attending the seii'.ure ami sale, the surplus, on demand, shall 15 be returned to the person in whose possession such goods and chattels were when the seizure was made, and in case said surplus shall not be demanded it shall he paid over by tlu collector to the treasurer and remain in the hands of the said treasurer to he held for and |)aid over on deuiand to the perxiii 20 in whose possession said goods and chattels were as aforesaid, or otherwise to the person entitled as owner of said goods imd chattels to said suri)his, provided that it is so (leuiaiHicd ^i-'iin six years, after which lime it shall not he fei oxerahle from ilic city. I 25 4d* -^l' assessments imposed under this A't shall Ix' due and ])ayable, not only hy the owner of tlu* prcpert) ujjon which they are imposed, hut also hy the possessor or occu])ant of the said property, and hy the tenant or lessee of such property lo tlie extent to which the possessor, occupant, tenant, or lessee is 30 indebted to such owner : and the payment of such' assessment by an) suc;h person shall discharge the projjerty pro tanto. 50* ^* '^"y "* the taxes mentioned in the tax roll remain unpaid, and the collector is not able to collect the same, he shall show on said roll when returned, opposite to eath assess- 35 ment or by a statement appended to said roll, the reason wh) the same could not be collected, by adding the words "■ Nlx(I h;s cliarges and the cost of publication. ^S, If. at Any time appointed for the sale of the lands, no 15 l)ii!(h 's appeal. tl,e treasurer may adjourn the sale from time io rime. i)rovided always that no such adjourment shall be for a jieriixi exceeding fourteen days. 66* ■'^^ '^''"^ pl.xce, day and hour appointed for the sale of the lands, and if the taxes thereon, including the costs and 20 (barges, have not been previously paid or collected, the treasur- er shall offer the l;inds for sale by public auction, and in doing so shall make and declare the amount stated in the list or ad- vertisment as the taxes due, together with his charges and cost of publication the u[)set price on each respective lot or parcel 25 as offered tor sale, and shall then sell the same to the highest bidder, or to such jjerson as shall be willing to take it at the said U]jset price, there being no liigher bidder, but subject to redemption as hereinafter provided for. 67. If the land will not sell for the full amount or arrears 30 of taxes due and all charges, the treasurer shall then and there s(.ll for any sum he can realize, and shall accej^t such sum as full payment tVjr such arrears of taxes, but the owner thereof shall not be relieved thereby from any liability in respect of any deliciency arising from such sale; nor shall such owner of ar.y ^c land so sold be at liberty lo redeem the same except upon pay- ment to the treasurer of the full amount of taxes due, together 'ttsMK-i'M.rMj: 1 , JO 1 T I f 1 20 25 35 39 with the expenses of sale, with ten per cent thereon, and the treasurer shall account to the city for the amount realized in such case over and above all charges and the cost of publication, and in the event of redemption as aforesaid to the tax purchas- 5 er for the amount of his purchase money only, with ten per cent thereon. S8a If the land sells for a greater sum than the taxca due. together with all charges thereon, the purchaser shall only he required to pay at the time of sale the amount of said taxes, 10 and charges, and the balance of the purchase money shall be payable within one calendar month after the time of redemp- tion of said land shall have expired, without the same having been redeemed within the time limited, and if the said balance of purchase money shall not be so paid by the purchaser, his 15 heirs or assigns, within the time above prescribed, he and they shall forfeit all claim to said land, and to any deed or convey- ance thereof, as well as the amount paid at time of sale, and said land shall thereupon cease to be affected by said sale as if it had been duly redeemed. 20 69a If the purchaser of any parcel of land fails immediately to pay the treasurer, on account of said purchase, the amount claimed for arrears of taxes and charges, or such lesser sum as he may have purchased for, the treasurer shall forthwith again put up the property for sale. 25 70» The treasurer, after selling any land for taxes, shall give a certificate under his hand to the purchaser, describing the land as advertised, the interest therein sold, the sum for which it had been sold and all the expenses of such sale ; and further stating that a deed conveying the same to the ])urchaser 30 or his assigns, according to the nature of the estate or interest sold, will be executed by the mayor and treasurer, on his or their demand, within one month after the expiration of one year from the date of the certificate, if the land be not previous- ly redeemed, and upon payment of the balance of purchase 35 money remaining over and above the amount paid at the time of sale, and upon payment of the treasurer's fee of two dollars for said deed. 71, The purchaser shall, on receipt of the treasurer's cer- tificate of sale, become the owner of the land, so ftir as 10 have 4^ all necessary rights of action and powers for protecting the same fronrj spoliation or waste, until the expiration of the term during which the land may be redeemed. 72. ^'he statement of the land so sold for arrears of taxes, with the names of the respective purchasers, the date of sale, 5 the time for redemption, and amount required to redeem, shall, within thirty days from the date of sale, or adjourned sale, be made out by the treasurer, who shall sign and cause to be affix- ed the corporate seal, and transmit the same to the city regis- trar, who shall enter in a book, to be kept by him for the j)ur lo pose, and shall file said statement in his office, after endorsing thereon the date of its receipt. 73. Whenever any parcel of land is redeemed, the treasurer shall forthwith mail and register, or deliver to the city registrar a certificate under his hand and cause to be affixed the corpor- 15 ate seal as aforesaid, stating the fact of such redemption, tlie date thereof, and name and address of the person by whom and for whom the redemption was paid, and upon receipt of such certificate the registrar shall enter the same in a book to be kept for that purpose, and vshall write, against the entry of the 20 lot mentioned therein in the proper book, the word "redeem- tid," with the date of redemption as given in the certificate, and of the said entry thereof, in a column in said book reserved for the purpose, and a.iall file said treasurer's certificate of such redemption with the original statement of sale. 25 7A-a 'he book in which such statement shall be coi)ied shall be called the "Tax sale book of the City of Winnipeg." 75. l^'he registrar shall be entitled to a fee of twenty-five cents tor each search as to any respective lot or i):ircel of land to ascertain if the same has been sold for arrears of taxes, as 30 shown by the entrv in any such tax sale book, and an addition- al sum of twenty-five cents for a certificate as to such sale or other'visc', or as to such redemption, if made, or for an inspec- tion, it" required, of the said statement, and certificate of re- demption, if any on file, as to thf sale and redemption or other- 35 wist I'f any lot or parcel of land, and where a certificate is given as to any parcel of land having been sold for taxes, it shall give the amount required for redemption, the name and fe,r^,-v..^w»»W^,A-n»^-..i-T.Mi,-r.T,r.ii.n»«^i.»iii;.i«.»Tfiiri* "fftfejjI^jHWif.^'-t ir f l^-^l 10 41 address of the purchaser, or the person who redeemed, and the date of sale and of redemption, in case it shall appear to have been redeemed. 7C 1 he form for the statement of tax sale above mention- S ed, and the form of certificate of redemption to be sent to the registrar as aforesaid, may be atrording to the forms in sched- ule A of this Act. 77. Ihe books in which said statement shall be entered b) the registrar shall have additiDiial columns for the further en- 10 tries required, which may he headed according to the form given in schedule A of this Act. 78. i'be owner of any land which nui) hereafter be sold for non-payment of arrears of taxes, or his heirs, executors, admin- istrators or assigns, or any other person on his or their behalf, 15 but in his name only, may at any time within one year from the day of sale, exclusive of that day, redeem the estate sold by paying or tendering to the treasurer before the hour ot three c'clock in the afternoon of said last day, for redemption, for the use and benefit of the purchaser or his legal representatives, the 20 sum paid by him, together with ten per cent, thereon, and the treasurer shall give the party paying such redemption money a recei|)t, stating the urn i)aid and the object of payment, and the name of the per. i n on whose behalf such jjayment is made, and such receipt sh; 1' be evidence of the redemption. For the 2: purpose of this Act. she day of sale shall be the day on which the sale was adverti.-Ld to take place, without reference to any adjournment oi adj( i.rnments. 79. I'roni the t ine of payment to the treasurer of the full amount of redemi>ti.)ii money required by this Act, all rights 30 and interests of the |)urchaser shall cease. 80. Whenever any such redemption is effected by a person not s[iecially authorized, the treasurer shall mention in a receipt given by him for the redemption money, the name and designa- tion of the person paying the same, and the name of the person 35 on whose behalf such payment is made ; and everj' such receipt shall be made in triplicate ; one of which shall be delivered to the person paying the redemption money, one shall remain on record in the ofiice of the treasurer, and the third shall be ill "n ii»££ nTTT""TTT 42 transmitted to the Registrar as liereinbefore provided. The Treasurer immediately after the redemption of any land shall give notice by registered letter to the party appearing on his books as the purchaser of the same apprizing him of the fact of such redemption and of the amount of money paid in for such purpose, and the treasurer sliall be allowed to deduct from such redemption money the sum of twenty-five cents for each parcel of land redeemed for such notice. « 8 I , If the land be not redeemed within the period allowed for its redemption by this Act, then on the demand of the pur- lo chaser, his heirs or assigns, or other legal representatives, at any time within one month after the expiration of the time limited for redemption, upon paynr^nt of the balance of pur- chase money, as aforesaid, and of ihe further sum or charge of two dollars, the treasurer shall prepare anr' ^xecute with the 15 mayor, and deliver to him or them a deed, .a duplicate, of the land sold. 82i) Such deed shall be in the form or to the same effect as the form given in Schedule A of this Act and i>hall state the date and v:ause of sale, and the price, and shall have the effect 20 of vesting the land in the purchaser, his heirs, or assigns, or other legal representatives, in fee simple or otherwise, accord- ing to the nature of the estate or interest sold ; and no such deed shall be invalid from any error or miscalculation in the amount of taxes or interest therein in arrear. 25 i ^ 83a Such deed of sale shall not only transfer to the pur- chaser all rights of property which the original holder had therein, but shall also purge and disencumber such land from all payments, charges, liens, mortgages and encumbrances of what- ever nature and kind other than any existing lien of the city. 30 And whenever lands are sold for arrears of taxes, and the mayor and treasurer have given a deed thereof, such deed shall, not- withstanding any informality or defect in, or preceding such sale, be valid and binding to all intents and purposes, except as agaii .-,: the Crown, if the same has not been questioned before 35 some court of competent jurisdiction, by some person inter- ested in the land so sold, within one year from the execution of such deed, provided that any taxes shall have been due on said lands al the time of the sale, and that the ^ona fide holder '^'^mmis^- B'iteMfea 43 of the title when ciuestioned as aforesaid, shall not have been guilty of or knowingly a party to any fraud against the provis- ions of this Act^, or in connection with the sale, transfer, or assignment of said land. 5 84. The treasurer shall keep a separate account of all sums paid to him as a balance of purchase money on lands sold for arrears of taxes and not redeemed, and shall enter in a book tlie amount received over the taxes, and all charges from the purchaser of any lot or parcel of land sold by him against such I clot or parcel, and the date of sale and receipt of said balance, and the aggregate amounts so received shall form a distinct fund to be called " Tax Sales Fund," and the treasurer shall, in the month of January in each year, furnish a statement to the council giving the amount of and other particulars respect- iSingsaid fund; and whenever any portion of said fund shall have remained in the hands of the treasurer for six years from the day of sale of the land of which it formed part of the pur- chase money, without any notice of claim or order for payment having been served on him as hereinafter provided, said por- sotion or sum so remaining unclaimed shall become forfeited, and thereafter be the absolute property of the city, and shall forthwith thereafter be transferred to the sinking fund account of the city and form part thereof, and the said city shall forever be discharged from any claim on account thereof. 25 85. Any person claiming to have been the owner, heir, assignee or legal representative of the owner of any parcel of land sold for taxes and conveyed as aforesaid, which shall have realized more than the amount due for taxes, and all charges, or otherwise interested in such land, shall be entitled to claim 30 and receive the said overplus or sum held 10 the credit of said parcel of land in the "Tax oales Fund," or any portion thereof specified in the order hereinafter mentioned, provided that a written notice of such claim is served upon the treasurer prev- ious to the time limited for its forfeiture ; and upon producing 35 and leaving with said treasurer within six months from the date of service of such notice or claim, an order signed by a Judge of the Court of Queen's Bench, reciting or declaiing that it had been proved to the satisfaction of said judge that the claimant was at the time of sale the lawful and proper owner of the land 4Q in respect to which the claim is made or was or is the heir, I •i fpimmiiiiiii " ^4 executor, assignee or person il IfLf.il reprcseiitaiivc (or giinr.lian, incases of infancy) of ^nid ov, ner or ()tlit'v\vi>c interested in such land, and recjuirin;,' Ov < itv to \)j] the :-:v.(.\ surplus i)ur- chase money or the portinn iliereof specilied in sucli judge's order, to the order of sjid diiiinant. and sr( h or any j'.idge's 5 order tor payment of an\ p.ut ot saii! '• lax Sa!e: l-'und " shall be kep't [)y the city and shall he the warrant and authority for making such payment. • I 86a J^" seeking to obtain a judires order. an\ 1 laimaiU upon said fund shall in person or 1)\ att )'.ne\ pe'.i'.iun the judge in 10 writing for that purpose, de.Ncribing the land sold :\m\ setting forth the particulars of the siue and tlu' title under which said money is claimed, and shall ;il tin ranie time furni.sh an ab- stract of the title, to said laml sigi^.ed l>y the i\'Lri.4rar ot the deeds of the city and proiluce such title-deed, ir other evidence 15 as may be required for pr:)'.-ing said title ov ])\- interest in such land to the satisfaction ol^.aiil i'.i(i,i;e : and liu !.:( ls>',t forth in said petition shall be verified by affidavit sworn ur atilirmed before some person duly authorized 10 admini.^ter oaths or take affirmations in suits or ijroceedings p ■uiiing in ll:.; C^ourt of 20 Queen's Bench of this Province so f.w as it may h.- necessary to the .satisfaction of the judge as to ihe oi'ko /■:' \v:Amc of the claim, and the said judge ma\, in his eliv r, lion, r'.(|uire the claimant to serve a notice of his said applic.itiw;; upon the corporation or publish a notice of his claim or scl). t uitiate his 25 title in any other manner that saiti judge may cLe: 1 proper: and he may also in his disc ret io:i, order the mone;,' to be })aid into the Court of Queen's IJent h, Equity side, in case he shal' consider it proper in the interest of an infant or infants or other claimant or of any other person not being a claiiuani. 10 do so : 30 and in such case a copy of his order shall be iVkd in said court, and shall state the reason why the order \.a:, so made, and said m>oney shall then be dealt with by said last mentioned court in the same manner as other monies of minors or infants in dispute in any cause or suit, or otherwise, as the said court 35 shall consider just and equitable. 87, The same fees shall be paid upon an;/ application made under the last preceding section as are payable in resjject of other applications in chambers for a judge's order in any suit or proceeding, and, if the judge shall think it advisable to 40 Mj^^'rn.T ;«»j^i^itir|' ■ -;i/rv w ■ .:'.EF^-.'. ^" 45 order llie money to be paid into the Ctnirt ol Queen's Bench in Equity, or otherwise tlian into the hands of any claimant or his attorney, he may, in his discretion, order such fees or the proper costs of the claimant of the corporation or any part 5 thereof to be taken from and i>aid out of the money which formed the subject of the claim ; and in all cases where a claim- ant shall fail to obtain an order for payment upon the city pay the costs of the proceedings and in default of payment to order execution to issue therefor out of the court in which such pro- 10 ceedings shall have been taken. 88a The fact of claiming any surplus held to the credit of any lot sold for taxes in said tax sales fund shall be considered as an admission of the validity of the sale of the lot in ciuestion by the claimant, and the said claimant and all claiming by, ic through or under him shall, from and after the time of making said claim, be debarred from taking any proceeding in law or equity, to question or set aside said sale, notwithstanding that said claim shall have been made within the time otherwise limited for taking any proceedings to invalidate any tax sale, 2o ^ind said sale shall thereafter be held to be in all respects valid and binding as agains. the said claimant and those clain-Mng by, through or under him as aforesaid. 89, In case of any suit or proceeding to set aside or ques- tion a sale for arrears of taxes Seing commenced within two 35 years and one month from the time of said sale, being the time within which any action can be brought or any proceeding taken for that purpose, the plnintiff in any such suit or proceed- ing shall within ten days after the filing of any bill or the issue of any writ of summons or ejectment, cause tlie treasurer to be 30 notified in writing of the fact of such suit or proceeding having been commenced, and the treasurer in such case shall not for- feit any surplus held by him to the credit of the parcel of land in dispute, but shall hold the same subject to the order of any judge or court before whom said suit or proceedings shall or ■.c may be tried ; and in case the plaintiff succeeds, the said judge or court shall order the said surplus to be repaid to the defend- ant, tax purchaser or his proper representatives, and in case the plaintiff fails in such suit or proceeding to set aside said sale, but proves to the satisfaction of the judge or court that he was 40 at the time of such sale the lawful owner of said land, and the person fntitled to the said surj^ilus purchase money according to tlie tru'' intent and meaning of this Act, then in such case the >.iid court or judge shall order said surplus to be paid >wr to said plaintiff, or his legal representatives, upon and after payment by said plaintiff of such of the defendant's taxed costs 5 of defence of said suit or proceedings as the plaintiff shall have been ordered to pay. VOTERS' LIST. 90a I'he clerk of the city shall immediately after the final revision and correction of the assessment roll in every yean 10 make a correct alphabetical list of all male persons being of the full age of twenty-one years and subjects of Her Majesty by birth or naturalization and appearing by the assessment roll to be entitled to vote in the city at municipal elections and elec- tions for members of the Legislative Assembly, prefixing to the 15 name of each person his number upon the roll. 91, The said list shall give the names of the voters in each . polling sub-division or ward in the city separately and shall be in the form as nearly as may be given in schedule A to this Act. (1.) As to any ward which lies partly in the electoral division 20 of Winnipeg North ^nd partly in the electoral division of Win" nipeg South, the clerk of the city shall make up the voters' lists of such wards in two parts, one specifying the names of those entitled to vote in one of such electoral divisions, and the other the names of those entitled to vote in the other of such 25 electoral divisions. 92« If the qualification of any such person is in respect oi real property, the clerk shall, opposite the name of the person, inseri in the proper column of the voters' list, the number of the lot or other [jroper description of the real jiroperty in re 30 spect of which such person is qualified. 93- Whene\cr it appears by the assessment roll that any person is assessed for property within the city suflficient to en- title him to vote, but that it lies partly within the limits of one of such sub-divisions or wards and partly within another or 35 others, the clerk shall enter his name on the list of voters in i •'^'■.■■■-'Kf'' lO 15 20 '25 30 35 47 eacli and every suh-division in which any part of such property is situated, with the following words added ; '' See Sub-ciivisiott or Ward Ao. ." 94 A" assess ni ent roll shall he understood to be finally 5 revised and corrected, when it has been so revised and correct- ed by the court of revision for the city or by the judge as here- inbefore provided in case of an ai)peal, as provided in the as- sessment clauses of this Act, or when the time during which such appeal may be made has elapsed, and not before. 10 95* Immediately after the clerk has made the said alpha- betical list, and within thirty days after the final revision and correction of the assessment roll, the clerk of the city shall give immediate public notice, either by printed posters or by advertisement once a week for four weeks in not less than one 15 newspaper published in English and one in the French lan- guage, if published in the city, that the said list has been com- pleted, and that the same shall be ke])t in his office for thirty days from the first publication of such notice, for the examina- tion by all concerned, and any person who shall claim to be 20 added to the said "voters' list," or any elector who shall desire to have any name erased therefrom, shall prefer his retiuest in writing signed with his name, stating the ward to which he belongs, and shall deliver or cause the same to be delivered to the city clerk, within the time hereinbefore specified. 25 96b 1'he said list of voters shall be subject to revision by the judge of the County Court having jurisdiction in the City of Winnipeg, at the instance of any voter or person entitled to be a voter in the city, on the ground of the names of voters being omitted from the list, or being wrongly stated therein, or 30 of names of persons being inserted on the list who are not en- titled to vote, and upon such revision the assessment roll shall not be conclusive evidence in regard to any j articular, whether the matter on which the right to vote depends had or had not been brought before the court of revision, or had or had not 35 been determined by that court, or on any appeal therefrom ; and the decision of the judge under this Act, in regard to the right of any person to vote, shall be final as far as regards such person. 97. A complaint or appeal may be made on the ^ound 40 f^f any person whose name is entered on the list being one of € >^' '\ H> J 4A those who arc disqualirted or iiitoinpetcnl to vote under tlic provisions of thi> Act. and may hr in t'le form set forth in Scheduk' A of tl\i-i Art. 98. If atiy i>. ison. whose right to be :i voter is the subject of tile enquiry, di>es not attend in ol)edien(;e to a sul)iHena or i order issued as h reafter mentioned, the judge, if he thinks fit. in tile ;il)sence of .i'.tisf.ictor\' evitienie as lo the ground of such non-attendance o: such person or his agei'l, or as to the right of such person to be a voter, may, on the ground of the non- attendanre of sue h person strike iiis name iff the Hst of voters, lo or refuse to placj his name on tiie Hst i" voters, as the case may require, or iiii[)().->e a reasonable fine )n such person, ac- cording to his di- retion. or do both. 39, Any voter or person entitled to bj a voter making any coinplaint of any error or omission of the siid list shall, uithin 15 thirty days after I'le clerk of the city has ] ( sted up the said list in his ohce, give lo the clerk or leave lor iiiin at his residence or place of business, notice in writing of his comjjlaint and in- tention to apply t) the judge in respect thereof; and if the office of clerk is vacant by reason of death or resignation or from any 20 other cause, such notice may be given in like manner to t!ie head of the coun( il of the city, and the proceedings thereafter by the clerk, judgj and parties respectively, and the respective powers anc dutie-. of the judge, clerk and other persons, shall be the same, or as nearly as may be the same, as in the case of 25 an appeal from the court of revision. I 00« -^"y number of names may be inserted in one sub- ptena or judge's order, in case of c.omplaini, I I ■ I" ^^^'■' ^^ complaint respecting such list is received by the clerk of the city within thirty days after he has i'Osted3o uj) the said list in his office, the said clerk shall forthwith apply either in person or by letter, to the judge to certify the list so having been posted up as being the revised list of voters for the city, and the certMlcate of the judge shall be according to the form given in schedule A of this Act. • je I 02> ^" case complaints are made as aforesaid then im- mediatc'y after the list has been finally revised and corrected by the judge, he shall certify to such corrected list, and shall ':^Z:^m>>^..r:''.^r:u- ^^u --^^^^^ 'SSti 40 sign a statement setting forth the i hanges, if any, which he has made in the list ; said statement and rertifuatc may be in the form given in sclK-diile A to tliis .\< t. 103* Immediately after the linal revision and rorrection 5 of the voters lists the clerk shall cause at least two hundred copies of each list to be printed (in pamphlet form), and forth with shall cause one of such printed copies to be ])osted up, and to be kepi posted up in some conspicuous place in his office, and deliver or transmit by |)OSt, by registered letter, or lo by parcel or book post registered, two copies to each ot the fol- lowing persons : (.) I^verv member of tl^u city cDuncil. 15 {(■.) The member or members <>i the House of Commons for the city or the elccforal districts in which the same or any -part tiierecf lies. (jertion, or in any way wil- III 54 . tally talsifit's any such rcititied li^l or copy, or permits the same to be done, every such person shall incur and be liable to a penalty not exceeding two thousand dollars, or to be imprison- ed in the common gaol of the district in which the city is situ- ated for a period not exceeding six months, or both such fine 5 and imprisonment, in the discretion of the court. 125. No person shall wilfully or imprt jiorly make, exi.'cute, accept or become a party to any lease, deed or other instru- ment, or become a party to any \erbal agreement, whereby a colorable interest in any house, land or tenement is conferred. 10 in order to qualify any person to vote at an election : and any person wilfully or improperly violating the provisions of this section, besides being liable to any other penalty prescribed in that behalf, shall incur a penalty of one hundred dollars, and any ;jcrson who induce^, or attempts to induce another 10 com- 15 mit .^n offence under tliis sertion, sliall incur a like penalty. 126. The penalties mentioned in the three next preceeding sections may be recoverable with costs of suit by any person suing for the same in any court of competent jurisdiction. i 27. To prevent the creation of false votes where any j^er- 20 son claims to be assessed, or claims that any other i)i;rson should be assessed, as owner or occupant of any parcel of land, and the assessor has reason to suspect that the person so claim- ing, or for whom the claim is made, has not a just right to be assessed, it shall be the duty of the assessor to make reasonable 25 enquiries before assessing such person. 128. Any assessor who wilfully and inqjroperly inserts any name in the assessment roll, or assesses any person at too high an amount, with intent in either case to give any person not entitled thereto, an apparent right of voting at any election, or 30 who wilfully inserts any fictitious name in the assessment roll, or who wilfully and imiiroperly omits any name from the assess- ment roll, or assesses any person at too low an amount, with intent in either case to deprive any person of his right to vote, shall, upon conviction thereof before a court of competent juris- 35 diction, be liable to a fine not exceeding two hundred dollars, and to imprisonment until the fine is paid, or to imprisonment ill the coumioii jail ^)[ llic i'ni\iiu;c. t'oi a pcmxi noi cxncdui; six months, or to both such liui' and imprisonmcm, in i\u di- cretion of the court. I 29. The said voters'" h.sts shall in all eases be liiuiUy iwis 5 ed and corrected on or before the first day of November in each year. 130. '1'!k' jiidLiVi lit" the county court having jurisdiction in the city of Winnipeg? may frame rules and forms of proceedutc for the purpose of better carrying the provisions of this Act ni I o respect to voter-;' lists into effect; and such rules and form- shall have the- same effect and force as if they formed part of this .'\ct. 131. The words householder (H), freeholder (F), and ten- ant (T), appearing on the assessment roll pursuant to the pro- 15 visions of the assessment clauses of this Act shall, for the pur- poses of said provisions relating to voters' lists, be held to also mean respectively occupant (Oc), or tenant (T), and shall be so entered in the voters' list by the clerk of the city. 1 32. In carrying into eftect the voters' list provisions of 20 this Act the forms given in schedule A of this Act may be used, and the .same or forms to the like effect shall respecliveiy be deemed sufficient for the purposes mentioned in this Act. BY LAWS REQUIRINCJ ASSENT OK ELECTORS. 133. The right of voting on by-laws requiring the a.ssent of 25 electors shall belong to the following persons, being males, of the full age of twenty-one years, and subjects of Her Majesty by birth or naturalization, being rated to the amount of five hundred dollars as owners of real property on the revised as- sessment roll on which the voters' lists of the city are based. 30 held in their own right or in the right of their wives. (i.) After a by-law requiring the assent of the electors has passed its .second reading and before the date of the submii- sion of the same to the electors, the city clerk shall prepare a list of the persons who are entitled to vote on the proposed b\ 35 law in accordance with the preceding section. oft (2.) Id case a by-law requires the assent of the electors of the city before the final passing thereof, the following proceed- ings shall be taken for ascertaining such assent, except in cases otherwise provided for : (3.) The council shall by a by-law fix the day, hour, and 5 places for taking the votes of the electors on the by-law to be submitted to them at tiie places at which the election of the members of the council is licUl, or such other places as may he designated in such by-law ; ani shall also name returning offi- cers to take the votes at such ])'aces, and such day shall not be to less than three nor more than four weeks after the first publica- tion of the proposed by-law as herein provided for. (4.) The council shall at least once a week for a month be- fore the final passing of the proposed by-law, publish a copy thereof in some newspaper or newspapers published in the city. 15 (5.) Appended to each copy so |)ublishcd shall be a notice signed by the '.lerk of the council, stating that such a copy is a true copy of a proposed by-law which will be taken into consid- eration by the oouncil after one month from the first publica- tion in the newspaper, stating the date of the first publication, 20 and naming the hour, day and i)lace or |)laces, fixed for taking the votes of the electors : (6.) At such day and hour a poll shall be taken, and all pro- ceedings thereat and for the puri)ose thereof, mcluding a re- count shall be conducted in the same manner r,s nearly as mav 25 be as at an election : for Mavor and Aldermen. ■l\\ (7.) The ballot papers tliat shall be cast shall be printed "for the by law" or "'against the by-law," and shall be marked by the voter voting by a cro.ss on the right-hand side thereof opposite the words "for the by-law" or "against the by-law," 30 as he may desire to vote. Each de[)ut\-returning officer for the various wards shall count the ballots and shall add up and verify the same and mark the return to the city clerk as in the case of an ordinary election for mayor and aldermen. (8.) Upon receiving the returns for the several wards the 35 city clerk shall add up the names and if it shall appear from ■A'Vfa.i^wTfi "%^ ' Liai/ftsLht^ii^ '. •>< sucli returns ihat the total niimljcr ol' votes cast for such by- law be a majority of the votes polled, the city clerk shallfortli- with declare such by-law carried, otherwise he shall declare the by- law lost. . •■ ■ 5 I 34. The council may, under tlu' formalities required by this act, pass by-laws for contracting debts by borrowiny money, or otherwise, and for levying rates for payment of such debts on the rateable projierty of the citv for any purpose within the jurisdiction of the council ; but no such by-law shall lobe valid which is not in accordance with the following restric- tions and provisions. (i.) The by-law shall name a day in the financial year in which the same is passed, when the by-law shall take effect, and the whole of the debts and the obligations to be issued 15 therefor shall be made payable in thirty years at furthest from the day on which .such by-law takes effect ; (2.) The hy-law shall specify the amount in addition to all other rates, to be levied in each year for paying the debt and interest ; which amount shall be sufificient to discharge the debt 20 and interest when respectively payable : (3.) The by-law shall recite: — i — the amount of the debt which such new by-law is intended to create, and, in some brief and general terms, the object for which it is to be created; 2 — The total amount required by this Act to be raised annually 25 by special rate for paying the new debt and interest; 3 — The amount of the whole rateable property of the city, according to the last revised assessment rolls; 4- -The total amount of the existmg debt of the city. 'i i»; i 35. Every by-law for raising upon the credit of the city 30 any money not required for its ordinary expenditure, and not payable within the same municipal year, shall, before the final passing thereof, receive the assent of the electors of the city in the manner provided for in this Act, and when such assent is received no such by-law shall be altered, amended or re- 35 pealed by the council except as is hereinafter provided. 136. Ail (Ichenturcs, .mil otiitr sccuritiis duly nuthori/cil lo be executed on behalf of the corporation shall, unless otherwise specially authorized or provided, be sealed with the seal of the corporation, and ;.igned t)y the mayor, and countersigned by the treasurer and audit(v.-, or signed or ccuntersigned respec- 5 tively by some other person or persons authorized by by-law to sign or countersign the s;ime, otherwise the same shall not be valid. 137. An\ cirhrnturc i .sued under the t'ormalities required by law by the corporation, payable to bearer or to any jjerson 10 named therein or bearer, may be transferred by d-livery, and such transfer shall vest tlie property of such del.)t r,ture in the holder, and enable him to maintain an action thercifjon in his own name. 138. Any such debenture issued as aforesaid shall be valid j- and recoverable to the full amount, notwithstanding its negoti- ation by such corjKiration at a rate U'ss than par. 139. In any case of pissing a by-law for contraciing a debt by borrowing money for any jjurpose, or otherwise as provided by this Act, such by-law may make the jjrincipal of such debt 20 re-payable by annual instalments, during the currency of the period (not exceeding thirty years) within which the debt is to be discharged ; such inst ilments to be of such amounts that the aggregate amount payable at principal and interest in any year shall be equal, as nearly as may be, to what is payable for 25 principal and interest during each of the other years of such period ; and may issue the debentures of the corporation for the amounts and payable for the times corresponding with such instalments, together with interest annually or semi-annually, as may be set forth and provided in such by-law. Such by-law 30 shall specify the amount lo be raised in each year, during the period of the currency of the debt, which shall be sufficient to discharge the several instalments of principal and interest accruing due on said debt, as the said instalments and interest become respectively payable according to the terms of said 35 by-law, and in cases within this section it shall not be necessary that any \ rovision be made for the creation of a sinking fund. 140. In i;i:.'' in .-my paiticular xoin one (ir my-law shall not be valid unless it recites : 1. The amount required by the original oy-law to be raised annually ; 2, The balance of such amount for the particular year, or on hand from former years ; 3. The surplus income of the work, share or interest therein received for such year ; and 25 4. The amount derived for such year from any temporary in- vestment ot the sinking fund ; nor unless the by-law names the reduced amount to be levied under the original by-law in such following year. 142. Incase the council desires to make an anticipatory 20 appropiiation for the next ensuing year, in lieu of the special rate for such year, in respect of any debt, the council may do so by by-law in the manner, and subject to the provisions and restrictions following : (i.) The council may carry to the credit of the sinking fund 35 account of the debt as much .rts may be necessary for the pur- poses aforesaid, {a.) Of any money at the credit of the spe- cial rate account of the debt beyond the interest on such debt for the year following that in which the anticipatory appro- ;() prialion is iiuulo : (/>) ur.tl of ;iiiy imiih y i liscd l"i ;iic iiurpOM.' aforesaid, by addition, il vMv oi ollu-iwisr : (t) and of any money derived from an\ tcmiiorary investment of tiie sinking fimd : (d) and of any surplus money derived from any corpor- ation work or any sharr or interest tiiereiii : d) and of any un- 5 appropriated money in 1 he treasury ; such moneys respectively, not having t)een otherwise appropriated : {2.) Tile hy-hnv n-iak'i'.g the appropriations shall distinguish the sever..! sources of ih.e amount and the [)orlions thereof to he respectively appli -d lor the interest and for the sinking fund 10 app'.opriation of the debts for such nest ensuing year; (3.) In case the moneys so retained at the rredil of the si)ecial rate account aiul so approj^riated to the sinking fund account from all or any of the sources .ihove mentioned a'e sutiticient to meet the sinking fund appropriation and interest 15 for tlie next ensuing yi';)r, the if)uncil may then pass a \>\ law directing that the original amount for such nexi ensuing year he not levied. 143. Such l)v-l;i\v sliall not he valid unless it recites: ( I.) Tiie original amount of the debt and in brii. f and general 20 terms the object tor which the -h:ill l)e ejrried to the credit of the sinking fund ot" the dchi, or in payment 'A any instalments ac- 5 cruing due. 148. 'I'he city having surplus moneys may by by-law invest the same in a loan or loans to any hoard or hoards of school trustees within tlie limits of the cit_\- for siii h term or terms, and at such rate or rates of interest as may he agreed upon by and 10 between the parties to sucii loan respectively, and set forth in such hv-law. POWERS ()!• COUNCII. I'O I'ASS IJY-l.AWS. 149. The council nmy pass In-lusv.^ : (i.) For lighting the city, and for this purpose perform any 15 work and placing any fixtures that are necessary on private property, making due compensation therefor as may l)e agreed upon or failing agreement to be fixed by arbitration : (2.) For laying down gas and water piijcs in any street and opening streets for the purpose, and of t>'il-;:nij, up and rejjairing 20 such pipes, and for using ever\ [u)s\er and privilege given to any gas or water company incorporated in the city, as if the same were specially given by this Act, subject, however, to the provisions herein, contained, as to the erection of gas or water- works, and levying rate therefor ; . j (3.) For providing for the inspection of gas meters ; (4.) For providing for the appointment of three commission- ers for entering into contracts for the construction of gas and water works ; for superintending the construction of the same ; for managing the works when completed ; and for providing 30 for the election of the said commissioners by the electors, from time to time, and at such periods, and for such terms as the council may appoint by the by-law authorizing the election, and for the purchasing or acquiring any system of water works now in existence or operatiorl : 35 (S.) F'\)i I onsiructing ^a^ ;in.) If the proposed by-law is rejected at su
  • Mi*? II 64 (8.) For preventing the jxjsting of indecent placards, writings of pictures, or the writing ot' indecent words, or the making of indecent pictures or drawings, on walls or fences in streets or pui)lic ])laces witliin the limits of the city ; (9.) For preventing \ice, drunkeness, profiine swearing, ob- 5 scene, blasphemous, or grossly insulting language, and other immorality and indecency on any of the streets or in any public place within the limits of the city ; (10.) I'or suppressing disorderly houses and houses of ill- fame ; 10 (1 1.) For preventing or regulating iior^^e racing ; (12.) For prevLhtiug or regulating and licensing exhibitions held or kept for hire 01 profit, bowling alleys and other places of amusement ; (1.^.) For supprc--sing gambling houses, and for seizing and 1 5 destroying faro-bank . rouge-et-noir, roulet tables, and other devices for gambling found therein ; (14.) For restraining and punishing vagrants, medicants, and jjcrsons found drunk oi- disorderly in any street, highway or |)ublic place within I lie limits of the city ; 20 (15.) VoY i)reveniing indecent exposure of the person or other indecent exhibitions ; (16.) I'or ])reventing or regulating the bathing or washing the person in any iniblic water in or near the city ; 1 1 (17.) For preventing cruelty to animals, and for preventing 3 c the destruction of birds ; (18.) For imposing a tax on the owners, possessors or har- borers of dogs ; (19.) For impounding, killing or disposing of by sale dogs , nmning at large and unlicensed contrary to the by-laws . y fl^nmii-' «j>i|iwi- ii^ lO 30 60 (20.) For preventing the keeping of vicious dogs or wild animals within the said city except under certain restrictions ; (21,) For preventing the injury or destroying of trees planted or preserved for shade or ornament, and for encouraging the 5 planting of the same ; (22.) For preventing the pulling down or defacing of sign boards and of printed or written notices lawfully affixed ; (23.) For encouraging manufactures within the limits of the city, by exempting from taxes in whole or in part for a period 10 of one or more years, such manufactories as are now or may hereafter be carried on in said city, and which in the public interest the council may deem advisable to encourage ; (24.) For regulating the encumbering, injuring, or fouling by animals, vehicles, vessels, or other means, of any public wharf, 15 sewer, shore, river or water ; (25 ) For establishing, protecting and regulating public wells, reservoirs, and other conveniences for the supply of water^ and for making reasonable charges for the use thereof, and for pre- venting the wasting and fouling of public water ; 20 (26.) For preventing and abating public nuisances ; (27.) For preventing or regulating the construction of privy vaults, cellars, sinks, water closets and privies and the manner of draining thereof; (28.) For preventing or regulating the erection or continu- 25 ance of slaughter-houses, tanneries, breweries, distilleries, or other manufactures or trades which may prove to be nuisances ; (29.) For preventing the ringing of bells, blowing of horns or steam whistles, shouting, and other unusual noises in streets and public places ; 30 (30.) For preventing or regulating the firing of guns, or other firearms ; and the firing or setting off of fire-balls, squibs, crackers, or fire-works, and for preventing charivaries, and other like disturbances of the peace ; t. ill (31.) For empowering any person (resident or non-resident) liable to statute labor within the city, to compound for such labor, for any term not exceeding five years, at any sum not exceeding one dollar for each day's labor ; (32.) For providing that a sum of money, not exceeding oneS dollar for each day's labor, may or siiall be paid in commuta- tion of such statute labor ; (33.) For enforcing the performance of statute labor, or pay- ment of a commutation in money in lieu thereof, when not otherwise provided by by-law ; 10 (34.) For regulating the manner and the division in which st.-'tute labor or commutation money shall be performed or ex- pended ; (35.) For establishing and aiding charitable institutions within the city ; le (36.) For preventing the leading, riding or driving of horses and cattle upon sidewalks or other places not proper therefor ; (37.) For preventing persons in streets or public places from importuning others to travel in or employ any vehicle, or go to any tavern, hotel or boarding house, or for regulating persons 20. so employed ; (38.) For regulating the interment of the dead ; (39.) For i)reventing the violation of cemeteries, graves, tombs, tomb-stones, or vaults where the dead are interred ; (40.) For preventing the growth of weeds and compelling the 25 destruction thereof ; (41.) For regulating the height, extent and description of lawful division fences, and for determining how the cost thereof shall be apportioned ; (42.) For preventing persons from throwing any dirt, .filth, iq carcases of animals,, or rubbish on any. road, lane, street, or highway in the city ; 67 (43-) For making any regulations for sewerage or drainage that may be deemed necessary for sanitary purposes ; (44.) For directing and requiring at any time the removal of any door steps, porches, railings, or projections into, or obstruc- 5 tions in any public street or public highway in the city at the expense of the proprietor or proprietors ; 10 15 (45.) For appointing all officers that are necessary in the affairs of the corporation, and for regulating the remuneration, fees, charges and duties of such officers, and securities to be 10 given for the performance of such duties; (46.) For establishing, maintaining and regulating lock-up houses for the detention and imprisonment of persons sentenc- ed to imprisonment for not more than two months, and of per- sons detained for examination, or transmission to any gaol, 15 either for trial or in the execution of any sentence ; (47.) For inflicting reasonable fines and penalties not exceed- ing fifty dollars and costs ; {a ) Upon any person for the non-performance of his duties, who has been elected or appointed to any office in the corpor- 20 ation and who has accepted such office, and afterwards neglects the duties thereof; and (d.) '^'or breach of any of the by-laws of the corporation ; it'25 (48.) For collecting such penalties by distress and sale of the goods and chattels of the offender ; 30 25 (49.) For inflicting reasonable punishment, by imprisonment, either in a lock-up house in the city, or in a gaol, for any period not exceeding two months, for breach of any of the by-laws of the council, or for non-payment of the fine inflicted for any such breach, and there being no distress found out of which 30 such fine can be levied ; or by both fine and imprisonment ; or imprisonment only, without option of fine ; 68 FIRE, ETC. (50.) For appointing fire wardens, fire engineers and firemen, and promoting, establishing, and regulating fire companies, hook and ladder companies, and property saving companies j (51.) For preventing or regulating the carrying on of manu- facturics or trade, dangerous in causing or promoting fires ; 5 (52) For preventing and for removing or regulating the con- struction of any chimney, flue or fire place, stove, oven, boiler or other apparatus or thing which may be dangerous in causing or promotmg fire ; (53.) For regulating the couktruction of chi. meys as to di- 10 mensions and otherwise, and for enforcing the proper cleaning of the same ; (54.) For regulating the mode of removal and safe-keeping of ashes, and for regulating the keeping and transporting of gun- powder, coal oil and ..ther combustible or dangerous materials. 15 (55.) For regulating and enforcing the erection of party walls; (56.) Fjr causing buildings and yards to be put in other re- spects into a safe condition to guard against fire or other dan- gerous risk or accident ; (57.) For authorizing appointed officers to enter at all rea. 20 sonable times upon any property subject to the regulations of the council, in order to ascertain whether such regulations are obeyed, or to enforce or car-y into effect the same ; (58.) For making regulations for suppressing fires, and for pulling down or demolishing adjacent houses or other erections 25 when necessary to prevent the spreading of fire ; (59.) For regulating the conduct and enforcing the assistance of the inhabitants present at fires, and the preservation of pro- perty at fires ; (60.) For regulating the erection of buildings and preventing xo the erection of wooden buildings and wooden fences in speci- lO 15 20 25 30 69 fied parts of the city, and also Lr prohibiting the erection or placing of buildings, other than with main walls of brick, iron or stone, the roofing of incombustible material, within specified parts of the city, and for authorizing the pulling down or re- 5 moval at the expense of the owner or owners thereof, of any building or erection which may be constructed or placed in contravention of any by-law : (61.) P'or providing medals or rewards for persons who dis- tinguish themselves at fires ; and for granting pecuniary aid 10 or otherwise assisting the widows and orphans of persons who are killed by accident at such fires ; (62.) For preventing or regulating tlie u^>v. of fire or lights in stables, cabinet makers' shops, carper.ters" shops and combusti- ble places ; 15 (63.) To compel the owners of houses to have scuttles in the roof thereof, with approaches or stairs or ladders leading to the roof; (64.) For requiring the owners of buildings to provide fire escapes in such manner and time as may be prescribed in such 20 by-law; and for regulating the examination of them, and the use of them at fires ; (65.) For defining the conditions and requirements to obtain hotel licenses for the retail within the city of spirituous, ferment- ed or other intoxicating liquors; shop licenses for the sale with- 25 in the city of such liquors in shops or places other than hotels, inns, ale or beer houses or places of public entertainment, and also wholesale licenses for the sale t)y wholesale within the city of such liquors in warehouses, stores or shops ; (66.) For limiting the number of hotels, shops and wholesale 30 licenses to be issued in the citv. (67.) For regulating the cancelling of licenses before the ex- piry of the time for which such licenses were issued; (68.) Fv; r appointing inspectors or other officers the council may deem necessary for th( efticient regulating of . ouses of 35 entertainment or other places for the sale of liquor; 70 (69.) For determining a fee or duty upon every license for ttje'sale, within the city of Winnipeg, of spirituous, fermented or other intoxicating liquors to be paid to the corporation for purposes of municipal revenue, such by-law to be passed before the fifteenth day of May in any year. 5 (70.) For the efficient regulating and governing of hotels, shops and wholesale places, for which licenses, to sell liquor have been issued, and in which liquor is sold, and the proprie- tor or proprietors of the same, and regulating the sale of such liquors ; , 10 (71.) For licensing, regulating and governing all persons who for hire or gain, directly or indirectly, keep or have in their pos- session or on their premises any billiard, pool or bagatelle table, and for fixing the sum to be paid for a license so to have or keep such tables, and the time such license shall be in force; 15 (72.) For licensing, regulating and governing auctioneers and other persons selling or putting up for sale goods, wares, mer- chandise, effects, or real estate by public auction; (73.) For licensing, regulating or governing hawkers or petty chapmen, transient traders, and other persons carrying on petty 20 trades who have not become householders or permanent resi- dents in the city, or who go from place to place or to other men's houses, or in or with any boat, vessel or other craft, or otherwise carrying goods, wares or merchandise for sale ; (74.) For licensing and regulating ferries between any two J5 places in the city, and establishing the rate of ferriage to be taken thereon; (75.) For regulating and licensing the owners of livery, feed and sale stables and of horses, cabs, carriages, omnibuses and other vehicles used for hire; for establishing the rates of fare to 30 be taken arid for enforcing the payment thereof ; (76.) For regulating and licensing scavengers and chimney sweeps and for fixing and enforcing the payment of such rates as may be allowed to them for their service and to define their duties; 35 A; V jt. ■rl>imh thfrr lO 15 71 (77.) For providing for the abrogation, annulment or for- feiture, for cause, of any license whatsoever granted by the said council, or by order or consent thereof, under the authority of any by-law of the said council, and for declaring any such 5 license absolutely forfeited, annulled or abrogated, or tempor- arily or permanently suspended, with or without repayment to the holder of such license of the fee paid therefor ; (78.) For licensing suitable persons to keep intelligence offices for registering the names and residences of, and giving I o information to, or procuring servants for employers in want of domestics or laborers, and for registering the names and resi- dences of, and giving mformation to or procuring employment for domestics, servants and other laborers desiring employ- ment, and for fixing the fees to be received by the keepers of 15 such offices ; (79.) For the regulating of such intelligence offices; (80.) For limiting the duration of, or revoking any such license ; (81.) For prohibiting the opening or keeping of any such in- 2otelligence office within the city without license; (82.) For fixing the annual lee to be paid for such license ; (83.) For licensing, regulating or prohibiting the exhibitions of common show men, and shows of every kind, and the exhi- bitions of any natural or artificial curiosities, caravans, menag- 25 eries, boxing or sparring exhibitions, and theatrical representa- tions. (84.) For licensing, regulating or prohibiting the sale or ped- lery of fruits, nuts, cakes, refreshments, bread, jewellery, and merchandise of all kinds in and upon or along the streets, side- ^o walks, alleys, lanes and public squares of the city ; 35 (85.) For licensing, regulating and governing pawnbrokers or dealers in second-hand goods, wares and merchandise in the city : . • • . ■■■ - • 72 (86.) For fixing the annual fee to be paid for any and all such licenses; RAILWAYS. (87.) For subscribing for a number of shares in the capital stock of, or for lending to or guaranteeing the payment of any 5 sum of money borrowed by any mcorporated railway or bridge company ; (88.) For endorsing or , nt ;'ng the payment of any de- bentures to be issued by the ompai / for the money by them borrowed, and for assessing and levyir;^, ' um time to time upon 10 the whole ratable property of the city, a sum sufficient to dis- charge the debt or engagement so contracted ; (89.) For the issue for the like purpose of debentures, paya- ble at such times and for such sums respectively, not less than twenty dollars, and bearing or not bearing interest as the coun- 15 oil may think meet ; and for handing such debentures by way of bonus or otherwise to any such company or to trustees on any conditions provided in the by-law ; (90. ) For granting bonuses to any railway, bridge, or water power company in aid of such railway, bridge or water power 22 company, and for issuing debentures in the same manner as in the preceding sub-section provided for raising money to meet such bonuses ; The provisions or powers of the four preceding sub-sections shall not be exercised by the council until a by-law shall have 25 been first submitted to the electors as is provided for by-laws requiring the assent of the electors. (91.) For sanctioning and permitting the track of any rail- road to be laid in or along any street, and to regulate the use of locomotive engines and of steam or any other motive power, on 30 any or every portion of any railroad within the city and to pre- scribe and regulate the speed of cars upon any and every part of the said railroad within the city and to exact by by-laws in pursuance of the powers hereby granted, a penalty of not more than four hundred dollars upon the proprietors or corporations 35 h 78 owning such railroad or their servants, for each and every vio- lation of such by-law, and for collecting said penalty in manner provided for the collection of ordinary penalties ; (a.) In case the city take shares in or guarantee payment of 5 any money for or grant a bonus to any company in pursuance of sub-sections eighty-seven, eighty-eight, eighty-nine and ninety of this section the council shall be entitled to appoint the mayor or an alderman a director of such company, and sucii company shall accept such person as a director, and he shall be lo entitled to all the rights and privileges of tlie other directors of such company ; (92.) For regulating the rate of speed of railway trains ant engines along or across any of the streets or avenues of the citv, and for preventing the obstruction of any of the public streets 15 or avenues by leaving, keeping or allowing to stand thereon any engine, train, car or cars, or truck for a longer period than fiv ; minutes at a time, and the unloading of any citr or truck n or along any street, crossing or sidewalk in the city, and the >jiow- ing of whistles while an engine is crossing along or across any 20 street or avenue, except under certain circumstances ; CITY POUND. (93.) For the establishment of pounds and the appointment of pound-keepers therefor ; (94.) For regulating and fixing the fines and fees to be levied 25 by such pound-keepers ; (95.) For providing sufficient yards and enclosures for the safe keeping of such animals as it may be the duty of the pound-keeper to impound ; , (96.) For restraining or regulating the running at large of 30 any animals, and providing for impounding them, and for caus- ing them to be sold in case they are not claimed within a rea- sonable time, or in case the damages, fines and expenses are not paid according to law ; but it shall be the duty of the pound- keeper so appointed by the city, to conform absolutely, and in 35 every case to all the provisions of the second clause of thie Act, 74 concerning astray animals, as amended by chapter i8 of tlie Consolidated Statutes of the Province, or any Act or Acts amending the same ; PUBLIC HEALTH. (97.) For providing for the health of the city and against the c spreading of contagious or infectious diseases ; (98.) For prescribing the duties of the health officers and scavengers, and for defining the limits within which each scav- enger shall perform his duties ; MARKETS. lo (99.) For establishing markets and stock yards and for reg- ulating the same; (100.) For regulating the buying and selling of all articles or animals exposed for sale on the public market in the open air ; (loi.) For preventing criers and vendors of small ware from 15 practicing their calling in any of the public markets, public sheds and vacant lots in the city adjacent to the market ; (102.) For preventing the forestalling, regrating, or monopoly of market grains, wood, meats, fish, fruits, roots, vegetables and provisions of all kinds ; 20 (103.) For preventing and regulating the purchase of such things by hucksters or runners within the city ; (104.) For regulating the mode of measuring or weighing (as the case may be) of lime, shingles, lath, cordwood, coal or other fuel, and for imposing a reasonable fee therefor; 25 (105.) For imposing penalties for light weight, or short count, or short measurement in anything marketed ; (106.) For regulating the assize of bread, and preventing the use of deleterious materials in making bread, and for providing for the seizure and forfeiture of bread made contrary to the 30 by-law ;. ->«■* 25 75 (loy.) For seizing and destroying all tainted and unwhole- some meat, poultry, fish, or other articles of food ; (io8.) For selling after six hours' notice, butcher's meat dis- trained for rent of market stalls ; 5 (109.) For appointing inspectors to visit all places wherein weights and measures, steelyards, or weighing machines of any description are used ; (no.) For preventing the sale of adulterated milk or other articles of food ; 10 (in.) For changing the site of any market place within the city, or to abolish any market or markets now in existence or hereafter to be in existence in the city, and to appropriate the site or sites thereof, or any part or parts thereof for any public purpose whatsoever, and to establish new markets ; 15 (112.) For determining and regulating the powers and duties of the market clerks, and all other persons employed by the city in and about the said markets ; (113.) For imposing, regulating and fixing the rates to be paid by any person or persons selling or retailing any article of food 20 in or at any of the markets in the city, and for regulating the conduct of all persons buying or selling in or at any of the said markets ; (114.) For regulating all vehicles of any kind in which any articles shall be exposed for sale in any public market, or in 25 any street, or public place, or square within the city ; (115.) For designating or specifying such place or places within the city for the slaughter of cattle, sheep, lambs, hogs and other animals usually used for food, and to compel every and all persons to use the same for that purpose, and for build- 30 ing abattoir and abattoirs ; Provided, that nothing herein con- tained shall be held to authorize the council to compel any person or persons already before the passing of this Act owning and using or occupying any place or building as a slaughter house or place for the slaughter of the said animals to cease to 7« use or occupy tin same as such or for that purpose or to com- pel such person or persons to use any other place or building for such purpose, but in case of every such building? or place so owned and used or occupied before the passing of this Act, the authority of the council shall only extend to ih" passing and 5 enforcing of by-laws to ensure the proper fitting up and use of such building or place in such a manner that it shall not be a nuisance or injurious to the health of the citizens, and to pre- vent the re-building of any such building or making additions thereto ; 10 (116.) For obtaining such real and personal property as may be required for the use of the corporation within the limits ot the said city or outside said limits if necessary, for the purposes of establishing cemeteries and parks ; and said council, shall have the power and authority under the said council, to sell, and 15 execute deeds for the purchase and sale of burial plots in said cemeteries, and generally to exercise full powers and control over said cemeteries and parks and other property, and for erecting, improving, and maintaining a city hall and other houses and buildings retjuired by, and being upon the land of 20 the corporation, and for disposing of such property when no longer recjuired ; (117.) For the removal of any obstruction of whatsoever nature or kind in any ot the public squares, streets or places within the said city, and at the cost of the city or of the parties 25 causin;; th'^ obstruction ; (118.) For assessing the citizens residing in any particular street, lane, square or section of the city, in any sum or sums necessary to meet the expense of sweeping and watering the said street, lane, square, or section of the city ; provided that 30 not less than two thirds of the said citizens residing as aforesaid in such said street, lane, square or section, shall have first pray- ed or demanded to have the same swept or watered ; (119.) To regulate, clean, repair, amend alter, widen, deepen, contract, straighten, divert or discontinue the drains and sewers 35 and all natural watercourses in the said city ; and to prevent the en ;umbeting of the same in any manner, and to protect. the 'STT- T^ uj;- lO 30 77 same from encroachment and injury ; and also to determine the course of all natural watercourses passing; through private pro- perty in the said city, and to rcguhitc all matters concerning the same, whether the said watercourses be covered or not ; 5 (lao.) For opening, making, preserving, improving, repairing, widening, altering, directing, stopping up and putting down drains, sewers, watercourses, roads, streets, scpiarts, alleys, lanes, or other public coniniunic .itions within the jurisdi< tion of the council, and for conducting the drains and sewers beyond 10 the limits of said city for fertilizing jjurposes ; or into the Red or Assiniboine rivers, as is found practicable, and for entering upon, breaking up, taking or using any land in any way neces- sary or convenient for the said purjjosc and re|)airing and main- taining all bridges ; 15 (121,) For compelling persons to remove snow, ice and dirt from the roofs of the premises owned or occupied by them, and also to remove the same from the sidewalks, street, alley or in ' front of such premises, and for removing the same at the ex- pense of the owner, or occupant in case of his default ? 20 (122.) For compelling owners of property to connect the same with any public sewer or drain constructed by the city, and for compelling or regulating the filling up, draining, clear- ing, altering, relaying and repairing of any grounds, yards, vacant lots, cellars, private drains, sinks, cesspools and privies ; 25 and for assessing the owners or occupiers of such grounds or yards, or of the real estate on which the cellars, private drains, sinks, cesspools and privies are situate with costs thereof if done by the council in their default ; and for removing and deposit- ing the refuse, manure, rubbish and other matter to such place xo or places as the council may determine, which may be taken from any of th- places aforesaid ; (123.) For making any other regulation for sewerage or drain- age that may be dt -med necessary for sanitary purposes includ- ing the closing and preventing the further use of cesspools on 35 all streets where sewer;; are built ; (124) For authorizing any corporate gas or water company to lay down pipes or conduits for the conveyance ©f water or gas si 78 under streets or public squares, subject to such regulations the council sets fit, and for acquiring stock in or lending money to any such company ; - (125.) I'or numbering the hous* s and lots along the streets of the city, and afiixing the numbers to the houses, buildings 5 or other erections along the said streets and for charging the owners of each house or lot with the expenses incident to the nrmberiiig of the same ; h26.) For keeping a record of the streets and numbers of tni houses and Ici:^ rnnnbered thereon respectively, and enter- 10 ing thereon a division of the streets with boundaries and dis- tances for public inspection ; (1:7.) i-'or surveying, settling and making the boundary lines of all streets, roads, and other public communications and for giving names thereto, and affixing such names at the corners 15 thereof on either public or private property ; and no by-law for alter'ng the name of any street, scjuare, road, land or other pub li<- communic'Mon shall have force or effect unless and until the by-law has been registered in the registry office of the county or other registration division ; and the registrar shall be ao entitled to a fee of one dollar for any by-law so registered, and for necessary entries and certificates in connection therewith ; ;| (128.) i'or regulating the conveyance of traffic in the public streets, and the width of all tires and wheels of all vehicles used for the conveyance of articles of burden, goods, wares or mer- 25 handise ; (129.) For authorizing the construction of any street railway or tramway upon any of the streets or highways within the city, and for regulating and governing the same, and for fixing the rates to be charged thereon ; -^o (130.) For preventing immoderate and reckless driving in highways or streets, for preventing the leading, riding or driving of horses or cattle upon sidewalks or other places not proper therefor, and for preventing horses or mules in harness, during the winter season being driven without bells, and for preventing 35 J^im 79 horses or other animals being left at large or standing on any of the streets of the city without being siifHciently secured to prevent them running away ; (131.) For regulating public bridges and driving and riding 5 thereon ; , 149. {a.) None of the provisions of this section or of any by-law passed thereunder shall have the effect of re|)ealing or superseding the jirovisions of any general Act of this Province, or of any order in council passed in virtue thereof not hereby 10 specially repealed. (/'.) No by-law shall he passed for the expenditure of money unless the auditor shall certify that the money to be txjjended is in the treasury to the credit of the fund from which it is to be drawn. ■ 15 QUASHINC; BY-LAWS. 150. In case a rati, payer, or any person interested in a by- law, order or resolution of the council, applies to any judge of the Court of (^Hieen"s Bench, and produces a copy of the l)y- law, order or resolution to said judge, certified under the hand 20 ot the clerk and under the corporate aeal, and shows by affidavit that the same was received from the clerk, and that the appli- cant is a ratepayer and interested as aforesaid, the judge, after at least four days' service on the corporation of a sunmions to show cause in this behalf, may quash the by-law, order or reso- 25 lution in whole or in part, for illegality, and according to the result of the application, award costs for or against the corpor- ation. 151. No application to quash any such by-law, order or resolution, in whole or in part, shall be entertained by any 30 judge unless such aj>plication is made to such judge within one month from tlie passing of any by-law, order or resolution. 1 52. Any by-law, the passing of which has be n prevented through or by means of any violation of the provisions of sec- tion 1 3 of this Act, shall be liable to be quashed upon any aj)- 35 plication to be made in conformity with the provisions herein- before contained. NO I 53. Before determining anv nppHration for the quashing of a by-law upon the ground that any of the provisions of sec- tion 13 of this Act have been contravened in procuring the passing of the same, if it is made to appear to a judge of the Court of Queen's Bench that probable grounds exist for a 5 motion to quash such by-law, the judge may make a order for an incjuiry to be held, upon such notice to the parties affected as the judge may direct concerning the said grounds, before him, and re(iuire that upon such inijuiry all witnesses, both against and in support of such by-law, be orally examined and 10 cross-examined upon oatii before the said judge. 154. 'I'he said judge shall thereupon, if the grounds there- for ajjpear to be satisfactorily established, make an order for (juashing the said by-law, and he may order the costs attending said proceedings to be paid by the i)arties or any of them who 15 have supported said by-law ; and if it appears that the applica- tion to quash said by-law ought to be dismissed, the said judge may so order, and in his discretion award costs to be paid by the person or persons applying to quash said by-law. 1 55. After an order has been made by the said judge, di- 20 recting an inquiry, and after a copy of such order has been left with the clerk of the corporation, all further proceedings upon the by-law shall be stayed until after the disposal of the appli- cation in respect of which the inquiry is directed ; but if the matter is not prosecuted to the satisfaction of the judge, he may 25 remove the stay of proceedings. 156. Any decision or order of a judge upon any such ap- plication shall be subject to appeal to the Court of Queen's Bench at the next term after the order has been made upon the application'^to quash such by-law, if such order has been made, 30 not less than ten days before the first day of such terra, or dur- ing 'any term, or at the /second term after the making of such order if the same have been made within ten days before the first day of the next term after the making of such order. Such appeal shalli.be'^had according to the practice prevailing in the 35 court ^at thf' time with reference to appeals from an order of a judge in Chambers, •■-?'^-' -i-'wm.i 81 MEETINCiS OF AND PROCEEDINGS AT COUNCIL. 157. The members of die council shall hold their first meeting at noon on the first Monday of the month of January in each year, or in case such Monday f;hall be a statutory holi- 5 day, then such meeting shall be held on the next day thereafter at noon ; (i.) The mayor and other members of the council, and the subordinate officers of the city may make declarations of office and qualification before any justice of the peace having juris- lo diction in the city of Winnipeg, or before the clerk of the council ; (2.) The council may adjourn its meetings from time to time ; (3.) A majority of the council, exclusive of the mayor, shall constitute a quorrm ; le (4.) The sub'^equent meetings of the council after the first, shall be held at such place and from time to time as the coun- cil may by resolution on adjourning, to be entered on its min- utes, or by by-law appoint ; (5.) In case there is no by-law of the council fixing the place 30 of meeting of council, any sjjecial meeting may be held at the place where the three last meetings of the council were held, and a special meeting of the council may be open or closed, as in the opinion of the council exj)ressed by resolution in writing, the public interests require ; 25 (6.) The council shall hold its ordinary meetings openly, and no person shall be excluded except for improper conduct ; (7.) The mayor shall preside at meetings of the council, and may at any time summon a special meeting thereof, and it shall be his duty to summon a special meeting whenever requested 30 in writing by a majority of the council ; (8.) In case of the death or absence of the mayor the coun- cil may from among themselves appoint a presiding officer, who during such absence shall have all the powers of the mayor and F. 82 ]irL;;.i'!c o.t all meetings of the council and at the police court vvlien necessary ; (9.) If the person who ought to preside at any meeting of council docs not attend within thirty minutes after the hour ap- pointed, the members present may appoint a chairman from 5 amongst themselves, and such chairman while presiding shall have the same authority at the meeting as the absent person would have if present ; (10.) In case the mayor or other presiding officer neglects or refuses to call a special meeting of the council when requested 10 by a majority of the council in writing so to do, it shall be the duty of the city clerk on the receipt by him of a requisition in writing signed by a majority of the members of the said council directing him so to do, to summon the said council in the ordi- nary manner, to meet at the time, place and on the day stated 15 in said requisition, and such meeting shall be to all intents and purposes a meeting of said council ; (11.) The mayor or presiding officer, or chairman shall vote with the other members on all questions, and any question on which there is an equality of votes shall be deemed to be nega- 20 tived ; (12.) Any member of the council may resign his, seat in the council, and the vacancy shall be supplied a ..^ .'-le case of a natural death ; (13.) The mayor of the city of Winnipeg shall have the pow- 25 er of vetoing any and all resolutions or measures adopted or passed by a vote of the council, authorizing the expenditure of money at any time within twenty-four hours after the time of the adoption or passing of the same by the council, provided the resolution passed or measure adopted speciu'ly states a sum 30 r*" money, by giving to the clerk of the city notice thereof in wdting, provided, however, 'hat such veto may be removed or over-ruled by r ■ wo-thirds vote of the council at any subsequent meeting : (14/ N i pfevio'is action of the council on any matter shall -le be rescinu'..l unless by a tuo-thirds vote of the members of the IJSisMEEi -V •triitr^""ini 83 council then present ; and no decision or ruling of the mayor or presiding officer while in the chair shall be over-ruled except by a vote of two-thirds of the members of the council present ; (15.) No member of the council shall be directly or indirect- 5 ly interested in any contract with the city, or any department thereof, or in any account or claim against the city, provided always that this sub-section shall not apply to any contract or counter-claim made by an incorporated company or held by it against the city ; 10 (16.) No member of the council shall, during the term for which he is elected, be eligible or appointed to any office under the city ; (17.) Every member of the council shall obey the authority of the chair, and respect the same, othtjrwise the member or 15 members so offending or disobeying may be removed by the order of the chairman ; (18.) Any two members of the council may call for the yeas and nays on any and all questions submitted. REMUNERATION OF MAYOR. 30 1 58. The council may at the expiration of the term of office of the mayor vote him a sum not exceeding fifteen hundred dollars. 35 TREASURER. I 59. The council shall appoint a treasurer who shall devote 25 his whole time and attention to the duties of his office, except as hereinafter provided ; (i.) It shall be the duty of the treasurer to receive all moneys paid into the city treasury, from whatever source, and to pay out the same only when ordered by the city council on warrant 30 of the city auditor ; (2.) The treasurer shall keep a complete and accurate ac- count of all moneys by him received, showing the amount thereof, the time when, from whom, and on what accoi nt S4 received, and also of all disbursements by him made, show- ing the amount thereof, the time when, to wliom, and on what that account paid. He shall so arrange and keep his books the amount received and paid, on account of separate and distinct funds, or si)ecial appropriations shall be exhibited in 5 separate and distinct accounts ; (3.) The treasurer shall daily (Sundays excepted) deposit or cause to be deposited all moneys belonging lo the city, in some chartered bank, to be designated by the council ; (4.) The books, accounts and vouchers of the treasurer and 10 all moneys remaining in the city treasury shall at all times be subject to the inspection and examination of the auditor, the finance committee, or any member of the council ; (5.) The treasurer shall during the week succeeding the 31st day of December in each year, make a full statement to the 15 finance committee of the council of all his accounts for the year ending the 31st day of December, and shall through said committee, report to the council an abstract of all his receipts and disbursements to and from each fund of the city ; (6.) The treasurer on going out of office shall deliver to his 23 successor all the pul)lic moneys, books, accounts, i)apers and documents in his possession ■ and in case of his death, the finance committee shall take possession of and keep the same until a successor is appointed. (7.) The treasurer shall report to the first regular meeting of 25 the council in each month the amount of money at the credit of the city specifying the fund to which it belongs ; (8.) On presentation of rt;r(:(i'cates of indebtedness issued by die city auditor to tiie said •^reii -urer, said treasurer shall pay the same from any unexj'ende(i balance to the credit of the 30 fund properly chargeable therewith ; but if said treasurer has not sufficient funds to pay in full all such certificates, he shall endorse on thi- back thcreo.' the amount paid, countersign said certificates an ! re-deliver the same to the person presenting the same. Such certificates shall bear interest from the dale of the 35 approval and shall be redeemed in the order in which they 85 have been issued by said auditor ; provided, that if any of said certificates are not presented for [)ayment as often as once in sixty days, said interest shall terminate at the end of sixty days, after the last j^resentation. All payments made on account of 5 pay roll shall be made by the treasurer after the same have been audited and placed in his hands therefor ; (9.) The treasurer shall take an oath of office and give bonds to the satisfiiction of llie council in the sum of twenty thousand dollars, conditioned for the faithtul performance of his duties, 10 dr such other security at the expense of the council as the council may desire, and shall further perform such other duties as the council may recjuire. AUDI'lOR. 1 60. 'i"he council shall appoint a city auditor, who shall 15 hold his office during the pleasure of the council. Before en- tering upon his duties he shall take the oath or affirmation re- quired by law, and to perform the duties of his office and obey the by-laws of the city, and shall enter into a bond, with good and sufficient sureties, or give security in the penal sum of ten 20 thousand dollars, for the faithful performance of his duties, which bond shall ije deposited with the city clerk for safe keeping. (i.) The auditor shall be the general accountant of the city and shall receive and preserve in his office all city account 25 books, and all vouchers, documents and papers relating to the accounts and contracts of the city, its revenue, debts and fiscal affairs, whether between the city and any officer thereof, or be- tween the city and any person, or body corporate, except when said books, vouchers or documents are by by-law placed in the 30 custody of some other officer or person ; (2.) It shall be the duty of the city auditor to examine and audit all accounts, claims and demands, in favor of or against the city, for the paymewt of which any money may be drawn out of the city treasury, aud after having examined the same, xc with all accompanying vouchers and documents,, to certify the balance or true state of such claims or demands. It shall be his duty to keep suitable and proper books in which the accounts 8G of the city shall be kept by double entry. In the account be- tween the city and tlie city treasurer he shall charge said treas- urer with all moneys received into the city treasury, specifying the sources from which said moneys have been derived, and shi'll credit him with all warrants drawn on the city treasury. 5 In the account between the city and all officers, persons, or body corporate, who may have the collection of any money for the city, he shall charge each with the amount which may be in his hands for collection, or with blank licenses or certificates issued to him, and shall credit him with all moneys which he 10 shall pay into the city treasury. He shall keep in said account books a detailed and specific statement of the condition of the city revenue, entering every fund which by law or by-law is made a separate fund, under its approjiriate head, creditmg each fund with all receipts into the treasury on account thereof, 15 and charging it with all appropriations thereof, and all warrants drawn thereon. He shall keep a register of all warrants drawn on the treasury, specifying the date, number and the amount, the name of the person to whom, and out of what fund payable. He shall keep an account of all debts due to or from the city, 20 and a bill-book, in which he shall enter all bonds, notes, bills, and other obligations given by, or payable to, the city, with the name of the person by or to whom, and the principal and inter- est which the sanv. draws ; and all accounts, notes, bonds, or claims against or in favor of the city, for purchase of lands, 15 buildings or other property, or of the revenue applicable to the following objects, to wit : general expense, interest, water works, lighting the city, fire department, police, street fund, infirmary, sewerage department, and sinking fund ; and any other fund, department or interest of the city not falling under either of the 30 foregoing heads, shall be kept under a separate and appropri- ate account ; (3.) The auditor shall not draw a warrant on the city treas- urer in favor of any person indebted to the city, or the assignee of such person, except for the balance which may appear to be 35 due such person over and above the debt due the city, nor in favor of any officer who is in arrears or in default to the city ; (4.) The auditor shall draw his warrant on the city treasurer, specifying the fund from which payment is to be made, for any 87 money found to he due and owing by the city, the expenditure of which has been duly authorized ; provided, no warrant shall be issued unless there is money actually in the treasury to the credit of the specific fund ; 5 (5.) Whenever, upon the adjustment of any account, a sum of money shall be found by the auditor to be due to the ( ity from any city officer, and the same shall not be paid into the city treasury within ten days after the adjustment of the account, and the city treasurer's receij)t therefor delivered to the auditor, 10 the auditor shall order suit to be commenced against the delin- quent, or take such other measures as in his judgement will most effectually secure the city against loss ; (6.) Whenever the revenue belonging to any [jrescribcd fund of the city shall have become exhausted, it shall be the duty ot 15 the auditor to notify the council of the fact, and no appropria- tion from said fund shall be made by the council until moneys are placed to the credit of the said board to meet such ; (7.) The auditor, whenever required, shall furnish the mayor or council, copies or abstracts of any books, accounts, records, 20 vouchers, or documents in his office, and any information in relation to anything pertaining to his office, or to the revenue of the city, and he shall at all times permit the mayor, or any member of the council, or any other city officer interested to examine any book, paper, or document in his office ; 25 (8.) The auditor shall exercise a general supervision over the collection and return into the city treasury of the revenue of the city of every description, and all other fiscal affairs of the city ; over all claims which may or might become the subject of litigation, and any other proceedings in which the interests ot 30 the city are involved, or in any manner concerned ; he shall prescribe the form and manner in which all account books of the city officers shall be kept, and he shall examine the books of said officers as often as he shall think proper, and shall see that they are properly and neatly kept, and said books shall be 35 at all times subject to the inspection of the auditor ; (9.) The auditor may require all city officers in receipt of city's money, to submit monthly reports to him of the business 88 of their ri'spectivc offices iti detail, and shall lay the same before the cotincil, at its first regular meeting thereafter ; and if any such officer neglects or refuses to make adjustment of his ac- counts whenever so recjuired by the auditor, and to pay over such money so received, it shall be the duty of the auditor to 5 issue a notice in writing to su( h officer and his securities, if any, to make a settlement of his accounts with said auditor, and to \K\\ over the balance of money found to be due and in his hands, belonging tn the city : and in case of refusal or neglect of such officer to .;'i/.ist his accounts, or to pay over said bal- 10 ance to the city treasurer, it shall be the duty of the auditor to report the delinquency of such officer to the council ; (10.) The auditor shall sign, with the mayor and city treas- urer, and receive for safe keeping and sale, all bonds issued by the city, on such terms and under such restrictions as the coun- 15 cil shall direct; (11.) The auditor shall keep in his office a correct account of all public improvements ordered by the council, and under contract, copies of which shall be furnished him by the several departments authorized to make contracts on behalf of the city; 20 said books shall show the estimate of such improvements, how much has been paid on the same, the dates when paid, and when any separate improvement is completed, tlie name of the contractor and the description of such contract ; (12.) The auditor shall superintend the assessment of alias taxes whether for opening, improving, or lighting streets, or for other sewerage purposes ; (13.) The auditor shall make out an annual statement for publication, in the month of January in each year, which shall be published in pamphlet form, and also a monthly statement t« to the council, at the first regular meeting of the council in each month, giving a full and detailed statement of all receipts and expenditures of money during such tin'e respectively ; such statements shall also detail the liabiliues of the city, condi- tion of all appropriations and contracts unfulfilled, the bal- 35 ance of money in the treasury^ and the sum due the city and outstanding, the names of all persons who have become de faulters to the city, and the amount in their hands unaccounted any IS ao OVtT or to 5 iny, ml tu II his eglect 1 lull- lo i)r tu trcas- .cd by coun- 15 xount under ieveral e city; 20 s, iiow d, and of the of all 25 or for for, and all other things necessary to exhibit the true linanc iul condition of the city ; (14.) The auditor shall, on or before the second 'I'uesday in May, in each year, submit to the council a report of the esti- 5 mates necessary, as near as may be, to defray the expenses of the city government during the ciurent fiscal year. He shall, in such report, class the different objects of tiie said city expen- ditures, giving, as nearly as may be, the amount re(|uired. He shall make a statement of all contracts made or directed by the 16 council and not performed or com])leted, and uj)on which any money remains unpaid, with the amount so unpaid on each ; and for this jjurpose he shall retiuire the city engineer, and other ofificers and heads of departments, to furnish such information as he needs, to enable him to fulfill the duties imposed upon 15 him by this section; he shall also, in such report, show the aggregate income of the preceding fiscal year from all sources, the amount of all liabilities outstanding, and of bonds, interest, and any other kind of city debts payable during the year, and when due, so that the council may fully understand the money ao exigencies and demands of the city for the ensuing year. (15.) In case of a vacancy in the office of city auditor, or of his absence from the city, or from sickness or other inability to perform his duties, the council shall appoint an acting auditor who shall, during such vacancy or absence, audit and settle all 25 accounts or claims on the city, and shall sign, in place of the auditor, all warrants on the city treasury. ;nt for h shall tement icil in eceipts ; such condi- he bai- ty and me de Dunted S» 35 OFFICERS OF THE CORPORATION. 1 60. The council shall appoint such officers to fill or occupy positions within the gift of the council as may from time to time 30 become vacant, or as it may deem necessary and expedient to carry on the good government of the city and the provisions of this Act. 16 i ■ Any person holding any office to which he has been properly appointed by the council, shall liold the same during 35 good behavior and notwithstanding any contract or agreement to the contrary the council or the employee may terminate any IMAGE EVALUATION TEST TARGET (MT-3) h ■^o A J (A % 1.0 I.I 11.25 1^ 128 |2.5 14. IL 6 V] '/ Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. I4S80 (716) 872-4503 90 engagement l>v giving to the other three months notice in writing. 162. All appointments made by the council shall be con- firmed by by-law as soon thereafter as practicable, except in this Act otherwise provided, and in such by-law it shall be dis- 5 tinctly stated that the person appointed shall only hold office during good behavior and shall be subject to the provision as to termination of engagement mentioned in the precedmg sec- tion, and the amount of salary to be received and the times when payable. lo 1 63. All officers in the employ of the council shall perform^ execute and do such services as the council may from time to time by by-law define, provided, however, that no by-law shall alter any of the duties imposed in this Act. 164. All city offices shall be kept open from 10 o'clock 15 a.m. to 5 o'clock p.m. from the i;:t of April to ist October, and from 10 o'clock a.m. to 4 o'clock p.m from ist October to ist April. 1 65. All officers, other than the treasurer and auditor, shall give satisfactory bonds for the due and proper performance of 20 their duties, if required by the council, before entering upon the same. 166. All officers appointed shall in additidn to other con- ditions imposed bifore entering upon their duties take and subscribe a proper oath of office. aS 167. All money belonging to the city received by an officer or agent thereof, either from collections, loans, fees, fines and penalties or otherwise, shall be deposited in the city treasury regularly once a day, and in case the provisions of this section are not complied with, it shall be the treasurer's duty to report 30 any delinquencies to the mayor and auditor. The treasurer shall make duplicate receipts in all cases, one for the party pay- ing, and one for the auditor, which shall set out the amounts and on what account paid, and to what account credited. All payments on account of pay-rolls shall be made by the treas- 35 urer, after the same have been audited and placed in his hands imm 91 lO therefor. All payments of salaries or wages shall he paid by the treasurer, who shall pay each person or his legal represen- tative and take a proper receipt therefor. APPROPRIATIONS. 5 168. No appropriation shall be made from any revenue fund in excess of the amount standing to the credit of such fund ; nor shall it be made for the purposes to which the money therein is not applicable by law. 169, No money shall be paid out of the treasury except on lothe auditor's warrant and no warrant shall be issued on any appropriation, unless there is an unexpended balance to the credit thereof sufificient to cover such warranty and mo.iey in the treasury to pay it. I 70. All unadjusted accounts, before they are audited, must 15 be credited by the officer having knowledge of the facts, and audited accounts shall be registered in the auditor's office, and filed and preserved as /ouchers in the auditor's office. ACTIONS AND JUDGMENTS AGAINST CITY. 171. In the event of a final judgment or judgments obtain- 20 ed against the council in any court of law having jurisdiction in the Province of Manitoba in respect of any debt due by the said council to any person or persons, company or corporate body residing or being in the said province, in the Dominion of Canada, in Great Britain or elsewhere, and the said council 25 being unable, or from any cause unwilling or refusing to pay the same, it shall be lawful for the sheriff of the county wherein the city is situated, of the Province of Manitoba, to seize and sell in such manner as the law directs, and subject to any in- cumbrance thereon which may legally exist, any property, real 30 or moveable belonging to the said council in their corporate capacity ; and in the event of such property being insufficient to satisfy the said judgment or judgments, the sheriff shall then issue a warrant under his hand and seal directed to the assessor or assessors of the city for the time being whose duty it shall 35 then be with all due diligence to proceed and make a special assessment of all the real and personal property within the limits i 1 1 92 M of the city of Winnipeg liable to taxation in the same manner in which the annual assessment is made, and to return the as- sessment rolls to the sheriff, who shall cause a collector's roll to be made out from said assessment roll and shall levy an equal special rate on all property so assessed, such rate to be suflfici- 5 ent when collected (and allowing reasonable margin for uncol- lectable taxes) to pay the said judgment or judgments, together with all legal costs and expenses, and the sheriff shall place the said rolls in the hands of the collector for the city for the time being, whose duty it shall be to proceed with all due diligence lo to collect the said special rate in the same manner as herein provided for the collection of taxes levied by the said council, and to make a return thereof to the said sheriff in the same manner as herein provided for the return to the treasurer of the ordinary taxes levied by the said council, and the sheriff shall forthwith pay the amount of the said judgment or judgments j - out of such special rate so levied and collected, and shall pay the said assessor or assessors and collector for their services as are herein provided, the same amount as was paid by the courv- cil to the said assessor or assessors and collector, or his or their predecessors in office, for the previous year ; provided, however, that the provisions of this section shall only be enforced subject to the next preceding section ; 15 20 (i.) Any amount remaining in the possession of the said sheriff, of the said special rate (levied and collected as herein- before provided) after the payment of the said judgment or jndgments and all legal costs connected therewith, shall be ^5 forthwith paid by him to the chamberlain of the city for th« general purposes of the said city, and he shall also make a re- turn of the said assessor's and collector's rolls, with an account of all expenses and disbursements and costs and all proceedings connected therewith, to the city clerk, who shall lay the same before the council at its first meeting thereafter ; 30 (2.) The said council, should it see fit so to do, may submit the account of the said sheriff of the expenses, disbursements :-nd costs arising out of, or connected with the said special as- sessment, to one of the judges of the Court of Queen's Bench, 35 who shall tax the same, and allow such items as to him shall appear just and right ; 93 '»- 5 15 20 (3,) In tlic event of any lands or real property belonging to the council being taken in execution and sold by the sheriff as is provided for in the next preceding clausi.', the same proceed- ings shall be followed and the same rules apply as are provided 5 for the sale of lands for taxes in this Art, except as regards the redemption of said land or real property ; and the said council may redeem the same at any time within five years after the sale thereof by the said sheriff, by paying to the purchaser of said lands or real property the anvjunt paid by him therefor, 10 together with interest at the rate of eight per cent, per annum ; and if the council fail within the said five years, to redeem the said lands or real property, the sheriff shall then, by a deed un- der his hand and seal, confirm the said purchaser in his posses- sion of said lands or real property, which deed shall be valid. 15 PRINTING, STATIONKRY AND SUPPLIES. I 72, It shall be the duty of the city clerk on or before the first day of January of each and every year, to advertise for tenders for all printing and blank work of every kind and de- scription, and such tenders when received shall be opened by 20 the city clerk, subject to such restriction as the council shall determine, who shall report the same to llie council, designat- ing the lowest responsible bidder or bidders, and the council shall enter into contract with said lowest bidder or bidders, as the council may direct, such contract or contracts being subject 25 to the approval of the council. n'> I 73. The city clerk shall order and purchase all supplies, so far as the same relate to papers, envelopes, stationery, sun- dries and miscellaneous supplies, and he shall issue the same upon the written requisition of the several boards and heads of ^o the city government. He shall keep a record of all such pur- chases and requisitions in a book pro\ided for that purpose, and shall make therefrom a semi-annual report in detail to the council. A transcript of all bills for printing, stationery and blank w^rk of every description used in the several departments, ■^5 shall be filed with the city clerk, who shall enter the same upon the record, and include the same in his report as herein pro- vided. 94 I 74. No officer or head of any department of the city of Winnipeg shall order printing done, or supplies of any kind pro- vided in this Act, and no claim for such printing or supplies shall be paid unless it is incurred according to the provisions of this Act. 5 I 75. No officer, department, or head of any department of the city, shall be permitted to order any annual reports or state- ments printed at the expense of the city, except by order of the city council. 1 76. No bills for such printing and supplies as are contem- lo plated by this Act shall be allowed, unless they are contracted for under the provisions of this Act. 1 77 m All bills contracted under the provisions of this Act, before they are paid, shall have the ^r.Jorsement of the city clerk. 1 5 INVESTMENT OF SINKING FUND. I 78. The sinking fund to redeem the outstanding deben- tures of the city, shall in each and every year, when received by the treasurer, be deposited by him in some chartered bank to be designated to the credit of a special account to be called 20 " The Sinking Fund Account of the City of Winnipeg," and the same shall be invested by three trustees, two of wl om shall be appointed by the Court of Queen's Bench or any judge thereof on application by the city solicitor on behalf of the city and the third by the council from one of their number, in bonds, mort- 25 gage security, or in such other good, safe and valuable securities as the said trustees may think best, and the said trustees after their appointment as aforesaid have the power of requiring the said treasurer to pay from out of such funds so deposited to the special account aforesaid, such sum or sums of money as the 30 said trustees shall from time to time require for investment ; and any and all sums of money coming into the hands of the said treasurer from the present temporary investment of the sinking fund shall be applied in the manner and to and for the purposes above mentioned ; and the said trustees shall when- jc ever required by the council, give a detailed statement in writ- ing of the said fund and the manner in which the same is in- '^^ 15 95 vested, and in no case shall the funds of the sinking fund ac- count be withdrawn without the consent of the said trustees The trustees appointed under this section shall hold office at the pleasure of the council, or until their successors are ap- 5 pointed. POLICE COMMISSIONERS. I 79. The council shall appoint a board of commis.sioners of police for the city and such board shall consist of t!ic mayor, the judge of the county court having jurisdiction in the city of 10 Winnipeg and the police magistrate of the city, and in case the office of such judge or that of police magistrate he vacant, the council of the city shall appoint a person resident therein to be a member of the board, or two persons so resident therein to be members thereof, as the case may require, during such 15 vacancy, and such commissioners shall have the ^ole charge and control of the police department of the city, the persons therein employed and generally in all matters connected there- with ; and for that purpose and for all other purposes connected with the good government of the police force of the city to pass ao by-laws relating thereto. 180. The board shall cause a pay list of all men employed to be made out monthly or oftener, if required, and the said list when certified to by the said board or a majority of them, shall be taken or forwarded to the auditor, who shall, upon 25 being satisfied as to the correctness of the same, instruct the treasurer to pay the same under his signature. 181. The board shall, before incurring any expenditure of money, in connection with the police department other than the employment of men, submit and furnish to the council an 30 estimate of the sum or sums required and the purpose or pur- poses tor which the same is intended to be devoted, and the council shall thereupon provide the same in the hands of the treasurer and notify the auditor ; and the same board thereafter may draw on account of and apply the same or any part thereof 35 for the purposes mentioned in the estimates. 1 82. The board shall hold their sittings in the police station building in the city, when and as often as they see fit, and shall have control of the said building. 'i I i- * I'S ^ !)G I83> The said board shall fton time to time fix the wages or salaries to be paid the chief and other constables or men employed. 184. A majority of the hoard ^.hall constitute a quorum and the acts of the majority shall be considered acts of the 5 board. 185. All by-laws of such hoard of commissioners of police shall be sufficiently authenticated by being signed by the chairman of the board, who shall pass the same and a copy of any such by-lr.w, written or printed, and certified to be a 10 true copy by any member of such board, shall be deemed authentic and be received as privia facie evidence in any court of justice, without proof of such signature, unless it is specially pleaded or alleged that the signature to any such original by- law has bten forged. 15 I186. In all cases where the board of commissioners of police are authorized to make by-laws, either under this or any other Act or law, they sliall have power, in and by such by- laws, to attach penalties for the infractio"". thereof, to be re- covered and enforced by summary proceedings, before the 20 police magistrate of the city, for which the same may be passed, or in his absence before any justice of the peacf:, having juris- diction therein, in the manner and to the extc nt that by-laws of the city council may be enforced under the authority of this Act. 25 1 87. The police force shall consist of a chief constable and as many constables and other officers and assistants as the board from time to time deem necessary. , 1 88. The members of such police force shall be appointed by, and hold their offices at the pleasure of the board and shall 30 take and subscribe to the following oath : I, A. B., do swear that I will well and truly serve Oui Sovereign Lady the Queen in the office of police constable for the city of Winnipeg, without favor or affection, malice or ill will, and that I will to the best of my power cause the peace to 35 be kept and preserved, and will prevent all offences against the 97 person and properties of Her Majesty's siihjects, and that I will to the best of my skill and knowledge discharge all the duties thereof faithfully and according to law. 189. The board shall from time to time make such regu- 5 lations as they may deem expedient for the government of the force and for preventing neglect or abuse and for n-ndering the force efficient in the discharge of all its duties. I90r The constables sha'' obey all lawful directions, and be subject to ihe government of the chief of police and shall be lo charged wi(:h the special duties of preserving the peace, prevent- ing robberies and other felonies and misdemeanors, and appre- hending offenders, and shall have generally all the powers and privileges and be liable to all the duties and responsibilities which belong by law to constables duly appointed. 15 191 . The said board shall be established immediately after the passing of this Act, and when established, all the persons now occupying positions on the police force of the city, shall be subject to the government of the board to be dismissed, or suspended, and generally to the provisions under the heading of 20 " PoHce Commissioners " in this Act, the same to all intents and purposes as if they had been appointed under the said provisions. 1 92. In case any person complains to the chief of police, or any officer of the police force, of a breach of the peace hav- 3£ Ing been committed, and in case such officer has reason to be- lieve that a breach of the peace has been committed though not in his presence, and that there is a good reason to appre- hend that the arrest of the person charged with committing the same is necessary to prevent his escape or to prevent a renewal 30 of the breach of the peace, or to prevent immediate violence to person or property, then if the person complaining gives satis- factory security to the officer that he will without delay appear and prosecute the charge before the police magistrate, such officer may without warrant arrest the person charged, in order to his 35 being conveyed as soon as conveniently may be, before the police magistrate, to be dealt with according to law. And it shall be lawful for any officer while on duty, to apprehend all G. r proci-inlin}; toward sociiring siuli aniii ahlo .ir ranj;cnu'nts), sinh price or rompcnsation shall ho I'lxoil and do- tcrniinod in tho following manner, [o wit : 5 (v) I'Ih" tH)uniil of tlu" said »ity, hy tiic attorney or counsel, shall givi- special notiie, addressed through the post Dtlice, to the person in whose name the propi-rtv was lastly assesseil on the assessment roll as pri>prietor, at his actual or last known tlomicile, anil shall also give puhlic notice, hy three insertions 10 in at least one newspaper puhlished in the said city, and in the MiUiifoNi (la:ftf(\ that they will hy or through their saiil at torney or counsel present, on the day ami hour mentioned in the said notice, to the Court of (^)ueen's Hench. at the said city of Winnipeg, sitting \\\ term, or to any of the judges of the said lourt 1 ^ in chamhers, a petition calling upon the said court or any one of the judges thereof respe pertorni the saul tluties ; 25 (().) ll >.)ne or more of the said eonuuissioners at any time after their appointment shall fail in the due perlbrmanee of the duties assigiu-d to them or him, in and by this Ait, or shall not fulfil 15 the said iluties in a faithl'ul, ililigent and impartial maimer, it shall be lawful for the said rouneil by its attorney to apply, by suuimarv petition, to the said Court of (Jueen's iieneh or to a judge thereot", as the ease may be, to stay the proceeding of the said commissioners ami to renu>ve and replace the commissioner 20 or ctiuiMissioners who may have forfeited or violated his or their obligations, or negleiteil his or their iluties, or to appoint one or more eonuuissioners in the place of any whose services m.ay have been or may be dispenseil with lor any cause : ami upon such petition the saiil court or judge nuiy make such order as tc may be ileemed ctmformable to justice ; m (7.) Immediately alter the appointment of the said eonuuis- sioners it shall be the duty of the city surveyor to furnish them with a plan or map showing the proposetl improvement, as also the pieces or parci-ls of ground or real estate ti> beexprojniated ; 30 i^-) I'be ♦■onunissioners before proceeding shall make and subscribe a solenm declaration under oath, anil they shall be entitled to receive a remuneration not exceeding five dollars per day eaih, during the whole time they of necessity shall be occupied in the pertbrmance of the said duties; but the council 35 m.iv, it they think lit, have the bill taxed on this scale by the master of the court ; Mi 104 (9-) The said commissioners may, if tiic> deem proper, call upon the proprietors or parties interested to give them inspec- tion of their title deeds, and upon their refusing to comi)ly with such demands the said commissioners are hereby authorized to procure copies of said deeds at the cost of the said proprietors or parties interested ; and the amount of said costs shall be deducted from the price or compensation to be finally awarded to the said proprietors or parties interested for the expropriation; (lo.) It shall be the duty of the said commissioners to dili- gently proceed to apprise and determine the amount of the lo price, indemnity or compensation (if any) which they shall deem just and reasonable for each of the pieces or parcels of land or real estate the expropriation whereof shall have been resolved on by the city council, or for the damages (if any) caused by such expropriation; and the same commissioners 15 may act and adjudicate upon the price or compensation for all and every the pieces or parcels of land or real estate, buildings or parts of buildings thereon erected, required for any improve- ment which the said council may have ordered to be made or carried out at one and the same time ; and the said commis- 20 sioners are hereby authorized and required to hear the parties, and to examine and interrogate their witnesses, as well as the members of the city council and the witnesses of the said cor- poration ; but the said examination and interrogatories shall be made vii'a voce, and the answers thereto shall be reduced to 25 writing and shall form part of the report to be made by the said commissioners ; provided that if in the discharge of the duties devolving on the said commissioners by virtue of the present Act, there shall occur a difference of opinion between them as to the value of the piece of land or real estate about to be ex- 30 jiropriated, or upon any other question within their province, the decision of two of the said commissioners shall have the same force and effect as if all the said commissioners had con- curred therein ; (11.) In every case where the council of the said city may have 35 resolved to carry ou ; and execute any of the works or improve- ments aforesaid, the said commissioners shall be held to deter- mine and award when the expropriation shall apply lo or affect but a portion of the property or real estate, what may be the damiige to or deterioration in value of the residue of the property or real estate, by the separation from it of the part required by the said council, and they shall determine, first, the intrinsic • value of the part of the property and premises to be taken, and 5 secondly, the increased value (if any) of the residue of the pro- ^ perty caused by the proposed improvement, and thirdly the damage or depreciation that may be caused to such residue of the property by reason of the expropriation of a part or portion thereof, the difference between the intrinsic value of the part of I o the property and premises required and the increased value '. aforesaid, or the intrinsc value of such portion of the property and such changes as may be ascertained shall constitute the price or compensation which the party or parties interested shall be entitled to, and when the said commissioner shall deter- 15 mine and award that the increased value is equivalent to, or in excess of the intrinsic value of the part of the property and • premises required, then they shall not award any price or com- pensation for the part so recjuired or liable to expropriation ; ' (12.) In case any of the commissioners should, after being 10 appointed, die, or be unable to act, the said court or one of the judges thereof, as the case may be, shall upon a summary appli- cation to that effect, to be presented by the council of said city, after such notice, as the court or judge may direct of the said court or judge, replace such commissioner by another competent 25 and disinterested person, upon whom the said ofifice shall be binding in the same manner as upon his predecessor ; (13.) So soon as the said commissioners shall have completed the proceedings relating to the appraisement, and determined the compensation for the piece or pieces or parcels of land or 30 real property about to be expropriated, they shall give one week's public notice by means of a poster, to be posted upon or in the immediate vicinity of such pieces or parcels of land or real pro- perty, that on the day mentioned in said notice, all parties in- terested or claiming indemnity, who may consider themselves 35 aggrieved by the said appraisement shall be heard before them in the city hall or council chamber or a room connected there- with ; and when such parties aggrieved or claiming indemnity shall have been heard as aforesaid, it shall be lawful for the said commissioners to maintain or modify, at their own discretion, : i\ 106 the appraisement made by them of any piece or parcel of land or real estate aforesaid ; (14.) On the day fixed in and by the order appointing the said commissioners, the council of the said city, by their attorney or counsel shall submit to the said Court of Queen's Bench or to $ any of the judges thereof, the report containing the appraise- ment of the said commissioners, for the purpose of being con- firmed and homologated to all intents and purposes ; and the said court or judge may thereupon, after hearing any or all of the parties interested therein, who may appear, pronounce the 10 confirmation and homolgation of the said report which shall be final as regards all parties interested, and consequently not open to any appeal ; (15.) The council of the said city shall within one month from and after the confirmation and homologation of the report of the 15 said commissioners, make in the hands of the prothonotary or clerk of the said Court of Queen's Bench, whose duty it shall be to grant to the said council a written acknowledgement thereof, a deposit of the price or compensation and damages settled and determined in and by the said report ; and the act 20 of such deposit shall constitute, in behalf of the council of the said city, a legal title to the property of the said piece or parcels of land or real estate, and from thence all proprietors of or other persons whatsoever interested in the said pieces or parcels of real estate, shall lose and be divested of all rights or claims 25 thereto, except such as may be reserved by such report, and the said council shall be vested with the said piece or pieces or parcel of land or real estate, subject as aforesaid, and may of right and without any further formality enter in possession of, and use the same for any of the purposes authorized by this 30 Act; any law, statute or usage to the contrary notwithstanding; (16.) Any expropriation made by virtue of this Act shall have the effect of removing and paying off all mortgages or privileges with which the said pieces or parcels of land or real estate may be burthened or encumbered at the time ; but the price or com- 35 pensation deposited in the hands of the clerk or prothonotary as aforesaid, shall be held to represent the said pieces or parcels of land or real estate, as regards all mortgagees or privileged ic IS 21 3< lo: creditors, whose rank and priority shall be preseived in the distribution to be made of the money deposited conformably to this Act, and such distribution shall be made and determined by order of the said Court of Queen's Bench in such manner 5 as may by it be deemed advisable and just to the parties in- terested ; (17.) All the provisions contained in the third section of this clause with regard to the appointment of commissioners and the mode of ascertaining the value of the piece or pieces or par- 10 eels of land or real estate taken by the council of the said city shall be and are hereby extended to all cases in which it shall become necessary to ascertain the amount of compensation to be paid by the said council to any proprietor of real or personal estate or his representative for any damage he or they may have 15 sustained by rc:ason of any alteration made by order of the said council in the line or level of any street, footpath or sidewalk, or by reason of the removal of any establishment subject to be removed under any by-law of the said council, or to any party by reason of any other act of the said council, for which 20 they are bound to make compensation, and with regard to the amount of compensation for which damage the party sustain- ing the same and the council shall not agree ; and the amount of such compensation shall be paid at once by the said council to the party having a right to the same, without further form- 25ality;and any person who shall erect any building whatever upon or contiguous to any established or contemplated street, public i)lace or square in the said city, without having pre- viously obtained from the city engineer (or surveyor) the level and line of such street, public place or square shall forfeit his 30 or her claim for damages or compensation, by reason of any injury caused to the property or building when such \e\ I or line shall be settled and determined by the said council through the said committee. (18.) Special assessments under authority of section i of this 35 clause shall be made in the same manner and subject to the same appeals and governed by the same decisions, and shall be collected by the same process as is provided by this Act in the case of ordinary assessments, or under the local improvement clauses of this Act as the council may determine. Hi m !()« SURVEYS, ETC. 207. All future surveys of property within the city by own- ers or others into building lots, shall be subject to the approval of the city surveyor and no plan shall be registeied unless it is certified by the city surveyor, as having been approved ; 5 (i.) The board of works may sanction the subdivision of any property already subdivided into building lots, ?.nd every plan of subdivision of such lots shall be certified by the city surveyor as having been approved before registration thereof and no plan so approved shall require an order from any judge allowing such lo subdivision to be made. 208. Any by-law shall be sufficiently authenticated and proven by a copy thereof duly certified by the clerk as a true and correct copy. 209. The council in the name of the city of Winnipeg shall 15 have power at.d authority to enter into a contract with the pro- prietor or proprietors of any bridge built or being built within the said city, for the purchase of the same upon such terms as may be agreed upon, and the proprietor or proprietors shall be and are hereby empowered and authorized to enter into a con- 20 tract with the council for the sale of any such bridge to the city. 2 1 0. The mayor and council of the city shall within one year construct and erect, or cause to be constructed and erected a passenger and traffic bridge across the Assiniboine and within the city west of Armstrong's Point at or near Boundary street, 25 and the said bridge may be either a draw, swing or suspension bridge, but before the same is erected the plans thereof shall be subject to the approval of the Governor-General in council ; (i.) The said council are hereby authorized and empowered to issue debentures for the purpose of paying for the said bridge 30 or bridges without having submitted the by-law authorizing the same to a vote of the ratepayers ; (2.) The city shall have power to expropriate any bridge or bridges wholly within the city in the same manner as is by this Act provided for the expropriation of other property required 35 for city i)urposes ; MfSIB! 109 )y own- pproval ess it is 1 of any ry plan urveyor no plan ng such lo :ed and s a true >eg shall 15 the pro- It within terms as shall be ;o a con- 20 the city. thin one 1 erected d within ry street, 25 spension shall be ■ncil ; powered d bridge 30 izing the jridge or s by this required 35 (3.) The council of the city of Winnipeg shall h;ivc power and authority to build, construct, operate and maintain a bridge across the Red River from a point within the limits of the city to X point on the opposite side of the river for railway and ordi- 5 nary traffic purposes or either, and to acquire the necessary land on either side of the river for the purpose of approaches, and to issue debentures for the purjjose of paying the costs of the same, but such debentures shall not be issued or such bridge constructed except under a by-law duly submitted to and ap- 10 proved by the ratepayers in accordance with the provisions hereinbefore contained. LOCAL IMPROVEMENTS AND SPECL\L ASSESS- MENTS THEREFOR. 2 1 I . The council may pass by-laws : 15 (i.) For providing the means of ascertaining and determin- ing what real property will be immediately benefited by any proposed improvements, the expense of which is proposed to be assessed as hereinafter mentioned; upon the real property im- mediately benefited thereby ; and of ascertaining and determin- 20 ing the proportions in which the assessment is to be made on the various portions of real estate so benefited ; subject in every case to an appeal to a judge of the Court of Queen's Bench in the same manner and on the same terms, as near as may be, as an appeal from the court of revision in the case of an ordi- 25 nary assessment ; (2.) For assessing and levying on the real property to be im- nediately benefitted by the making, enlarging or prolonging of any common sewer, or the opening widening, prolonging or altering, macamadizing, grading, levelling, paving or planking of 30 any street, lane, or alley, public way or place, or of any sidewalk or any bridge for"iing part of a highway therein, on the petition of at least two-thirds in number of the owners of such real pro- perty, representing one-half of the value of such real property, a special rate sufficient to include a sinking fund for the repay- 35 ment of debentures, which said council is hereby authorized to issue in such cases respectively, on the security of such rates respectively, to provide funds for such improvements ; and for !»; 110 so asscssinj,' and levying the same by an annual rate in the dol- lar on the real property so benefited, according to the value thereof, exclusive of improvements. (3.) For regulating the time or times and mrtnner i"* which the assessments 10 be levied under this section are to be paid, 5 and for arranging the terms on which parties assessed for local improvements may commute for tiie payment of ihcir propor- tionate shares of the cost thereof in principal sums. (4.) For effecting any sue); improvement as aforesaid, with funds provided by the parties desirous of having the same 10 effected. 212. No such local improvement as aforesaid shall be un- dertaken by the council (unless as provided in the next section) . except under a by-law passed in pursuance of the 4th sub-sec- tion of the preceding section, otherwise than on a petition of 15 two-thirds of the owners of the property to be directly benefited thereof, representing at least one-half in value of such real property ; the .number of such owners and the value of such real property having been first ascertained and finally determin- ed, in the manner and by the means provided in the by law in 20 that behalf, and if the contemplated improvements is the con- struction of a common sewer having a sectional area of more than four feet, one-third of the cost thereof shall also first be provided for by the couiioil or by by-law for borrowing money, which the council is hereby authorized to pass for such purpose 25 or otherwise. :! 213. In cases where the council decides to contribute to at least half of the cost of such improvement, it shall be lawful for said council to assess and levy in manner provided in the two preceding sections, from the owners of real property to be di- ^o rectly benefited ther«by the remaining portion of such cost without petition therefor, unless the majoritv of such owners representing at least one-half in value of such pv jperty, peti- tion the council against such assessment within one month after the publication -^ f a notice of such proposed assessment, in at ^p least two newspapers published in such-city. Ill 214. No by-law passed in pursuance of the three preceding sections of this Act, shall require the assent of the ratepayers of the city, but every such by-law shall recite ; (i.) The amount of the debt which such by-law is intended 5 to create, and in some brief and general terms, the object for which it is to be created. {2.) The total amount required to be raised annually by special rate for paying the debt and interest under the by-law ; (3.) Value of the whole real property rateable under the by- 'o law as ascertained and finally determined as aforesaid. (4.) The annual special rate on the dollar or per foot frontage or otherwise, as the case may be, for paying interest and creat- ing a yearly sinking fund for paying the principal of the debt, or for discharging instalments of principal according to the pro- 15 visions of this Act, or in case the debt is payable under the provisions of this Act by instalments for paying the instalment of principal and interest as they respectively become payable. (5.) That the debt is created on the security of the special rate settled by the by-law and on that security only, ao 215. Nothing contained in the four next preceding sections of this Act shall be construed to apply to any work of ordinary repair and maintenance, and every ordinary sewer made en- larged or prolonged, and every street, lane, alley, public way or place, and sidewalk therein, once made, opened, widened, 35 prolonged, altered, macadamized, gravelled or planked under the said section of this Act, shall thereafter be kept in a good and sufficient state of repair at the expense of the city. MISCELLANEOUS PROVISIONS. 216. Any matter or thing done, resolution, decisions, orders 30 or other proceedings of the said council, debentures, promissory notes, stock and obligations issued, and all by-laws or rules now in force in the city of Winnipeg not conflicting with this Act, and made in conformity with the Acts incorporating or relating to the incorporation of the said city, shall continue in 112 full forrc and cffci t to ;il! inti-nls nnd |)m;)()SL-s the snmc as if tlio present Ace had never heen passed until they shall be legally a'**'- ' amended, replaced or repealed, as the case may be, by . of this Act, or except as the same may be changed or altered by virtue of this Act. w 2 1 7. The printed copies of all by-laws passed and to be hereafter passed by the council and purporting to be printed by authority thereof shall be admitted as prima fade evidence thereof, in all courts in this province, and on all occasions whatsoever. lo 218. No member or oft'icer of the council, and no member of the board organized under or in connection with the city government pursuant to any law or by-law, shall in his official capacity, or under color of his office, knowingly or wilfully, or corruptly vote for, a.ssent to, or report in favor of, or allow or 15 certify for allowance, any claim or demand against the city or any department thereof, or against any such board as above mentioned, which claim or demand shall be on account or under color of any contract or agreement not authorized by, or in pursuance of the provisions of this Act, or any claim or 20 demand against the city or any department thereof, or any such board as aforesaid, which claim or demand, or any part thereof, shall be for work not in fact, performed for, and by authority of said city or board, or for supplies or materials not actually furnished thereto, pursuant to law or by-law, and no 25 such member or officer as aforesaid shall knowingly vote for, assent to, assist, or otherwise permit or aid in the disbursement or disposition of any money or property belonging to the city, or any department thereof, or held by or in charge of any such board as aforesaid, to any other than the specific use or purjjose 30 for which such money or property shall be, or shall have been received or appropriated, or collected or authorized by law to be collected, and any such member or officer as aforesaid who shall violate any of the foregoing provisions of the section, shall, ..,: upon conviction thereof, be punished by imprisonment for not 35 more than one year, or by fine of not less than five nor more than two thousand dollars, or by both such fine and imprison- ment. . : ... 219. Any person who shall viblate any of the provisions of this Act, for the violation of which no punishment has been provided therein, shall he liable to punishment, punished by fine not exeeedinj^ five hundred dollars or by ini])risonment not 5 exceeding one year. 220. The books of account of the board of police commis- sioners, to be kept by them, and all documents relating to ex- penditures connected with their office, shall always be open to the inspection of the auditor, and of any committee appointed lofor that purpose. 22 1 . The solicitor shall furnish the board of police com- missioners with the legal advice and services desired by them, and the board shall not ••mploy any other at the city's expense without the consent of the council. 15 222. The annual salary of any officer of the city shall not exceed the sum of four thousand dollars. 223. All existing by-laws, resolutions, and orders passed and other proceedings had and done by the council of the city of Winnipeg, for. and in the year one thousand eight hundred ao and eighty-three, and the election of the person which formed or composed the said council for the year aforesaid, shall be, and the same are hereby legalize, and confirmed. 224. The duty of all officers in the employ of the city shall be as the same are defined in this Act, or by by-law, that is 25 now or that may hereafter be passed by the council; and every of them shall be only required to perform such services and do such work us is laid down in this Act or by-laws aforesaid, any act, law or order in council to the contrary notwithstanding, and r o other penalties shall attach for the non-performance of 7o any services or work by any officer in the employ, or that may be hereafter in the employ of the council, except as provided in this Act. 225. Nothing herein contained shall be held to repeal any of the provisions of the Act heretofore passed, known as the ■le Consolidated Act of Incorporation of the city of Winnipeg not inconsistent with this Act. B. 226. In case the city council nt any time passes n resnhition requesting the judge of the county court having jurisdirtion in the city of Winnipeg, or the [)()lice magistrate for this city, to investigate any matter to he mentioned in the resolution, and relating to a supposed malfeasance, breach of trust, or other $ misconduct on the part of any member ot the council or officer of the corporation, or of any person having a contract therewith in relation to the duties or obligations of the nieml)er to the corporation, or in case the council sees fit to cause in(]uiry to be made into, or concerning any matter connected with the lo good government of the city or the conduct of any part of the public business thereof, and if the council at any time passes a resolution requesting the said judge or police magistrate to make the enquiry, the judge or police magistrate shall enquire into the same, and shall for that purpose have full [lower to sum- 15 mon witnesses before him to compel them to give evidence upon oath, either orally or in writing or on solemn affirmation, and to produce and bring with them such books, documents and things as he may think requisite for the complete and full investigation of such matter as aforesaid, and the judge or 20 police magistrate shall have the same power to enforce the attendance of witnesses and to compel them to give evidenc e, as is vested in any court of law in civil cases, and the judge • or police magistrate shall, with all convenient speed, report to the council the result of the inquiry and the evidence taken 2 c; thereon. !i ! V 227. Every public street, road, square, lane, bridge or other highway in the city shall be vested in the city (subject to any right in the soil which the individuals who laid out such road, street, bridge, or highway reserve), and such public street, road 30 square, lane or highway shall not be interfered with in any way or manner whatsoever, by excavation or otherwise by any gas or water works company other than the companies hereinafter mentioned or referred to, notwithstanding that at the present tim.e such companies have such powers, or by any company or 35 companies that may hereafter be incorporated, or any other person or persons whomsoever, except having first made appli- cation and received the permi^sipn of the city engineer in writing. 115 228. Every snrh public street, road, 8(]uare, lane, bridge anH highway shall be kept in repair by the corporation ; (i.) All persons having made reservations to or in any street, road or bridge shall apply within six months after the passing 5 of this A( t to the city council in order to obtain a final svttle- ment and adjustment under the provisions of this Act as here- after provided of such daim, otherwise such claim shall cease to exist. 229. In case one-third of the members of the council or lo thirty duly qualified electors of the city petition for a commis- sion to issue under the great seal of the Province to enejuire into the financial aflairs of the corporation and things connected therewith, and if sufficient cause be shown, the Lieutenant- (lovernor in Council may issue a commission accordingly, and IS the commissioner or commissioners, or such one or more of them as the commission empowers to act, shall have the same power to summon witnesses, enforce their attendance and com- pel them to produce documents and give evidence as any court has in civil cases. JO 230. All contracts, notes, bills and other securities duly au- thorized to be executed on behalf of the corporation, shall unless otherwise specially authorized or provided be sealed with the seal of the corporation and signed by the mayor, treasurer and auditor, otherwise the same shall not be valid, and all cheques 25 shall be signed by the treasurer and mayor, and countersigned by the auditor. 231. All lands conveyed to the coqjoration outside the limits of the city as defined by this Act are hereby vested in the said corporation, their successors or assigns for ever, with power ,Qto the council to dispose of the same whenever desired or deemed necessary. 232. All oaths of office omitted in this Act shall be the same as provided in the Acts incorporating the city of Winnipeg. 233. The council shall be at liberty and are hereby em- •^5 powered to borrow from any chartered bank, either by promis- sory note or overdraft any sum of money required for ordinary M 116 expenditure in or for tlie maintenance of the city, pending the collection of taxes or the realization of debentures issued or to be issued. 234. Nothing in this or any other Act contained shall affect, conflict or interfere with the rights, powers and jirivilegcs of the 5 " Winnipeg Water Works Company." and the '' Manitoiia Electric and Gas Light Company,'" or either of them, as the said rights, powers and privileges have been conferred u])()n them, or either of them, by their various Acts of incorporation and amendments thereof, and none of the provisions of this or 10 any other Act, or the powers conferred upon the city of Winniiieg thereby shall in any way be taken to a|)ply to either of the said companies, or their rights powers or privileges. And it is fur- ther provided that nothing herein contained shall be deemed to affect any rights heretofore lawfully acquired by an incorporated 15 company under its Act of incorporation or amendments there- to, or by letters patent of incorporation. 235. By-law number two hundred and sixty-six, passed by "The Mayor and Council of the City of Winnipeg," on the 31st day of March, in the year of our Lord one thousand eight 20 hundred and eighty-four, intituled "A By-law to raise the sum of Six Hundred and Seventy-one Thousand Six Hundred Dol- lars for permanent improvements in the City of Winnipeg," shall be and the same is hereby legalized and confirmed, and the debentures issued or to be issued are hereby declared to be 25 within the scope, power and authority under which said by-law was passed. INTERPRETATION CLAUSE. 236. Unless otherwise declared or indicated by the context, wherever any of the following words occur in this Act, the 30 meaning hereinafter expressed shall attach to the same, namely : (i.) The word "Council" means the council of the city of Winnipeg.; (2.) The word "land," "lands," "real estate," "real proper- ty," respectively, include lands, tenements and hereditaments, 35 and all rights thereto and interests therein j HMiiiiaiMMMaM gthe or to LilTcct, of the 5 :iitoba as the upon )ratic)n this or lo nnii)eg c said is fur- med to joratcd 15 s thcre- 117 (3.) The words "highway," "road,'" or "bridge," mean re- spectively a public highway, road or bridge ; (4.) ]'he word "electors," means the persons entitled for the time being to vote at elections in the said city ; 5 (5.) The term "'property" includes both real and personal property : (6.) 'i'he word "city" means the city of Winnipeg. (7.) The word "corporation" means the corporation of the citv of \\'inni|)eg. 10 (8.) I'his Act may be designated as "The Winnipeg Incor- )joration Act, 1884. ssed by ■ on the nd ei^ht 20 the sum red Dol- nnipeg," led, and ed to be 25 d by-law i context, Act, the 30 , namely : le city of al proper- iitaments, 35 SCHEDULE A. FORM I. I. — I-ist of persons entitled to vote at Parliamentary and 15 Municipal iClections. B O 6 NAMKS. 6ijames Johns 25 John Smith rROrERTY. Lot. K. ji 8 W. % 9 Street or Block. Title. Remarks. Maria St. Owner. iSeeWardNo.3 Block C. Tenant. :i 118 FORM II. iln. •ajBjs3 IBIJM UQ sSij JO 'Ofi ■ds^HS P ON •»nJ«3 JO "ON O Q < o H 2 W < «». x. ■r. x •sssaojj JO • •JUBOI!^ •uo Jimg •pioi^ssnoH JO -ON iBjox Pi uoi8i|3^ -OHIO DJlOmB^ 'UIO^ •JUBdnDOQ •juapisa-g-uojj -]ll9plS3){ •»UBU3X ■J3UMQ ■IIOH uo -ON 00 00 2 2 o > H >3 •p3jajsi8aH I ■sq]B3Q •sijjjia _ B u C4 9 M •JBIIOQ am UO XBX JO »j«^ 3 O en "J ■passassB astM I -iai{)0 )ou a^B I JO siBaX 09 oj iz uiojj suosiaj •anjBA aiqBKsassy IBjox ■A^jadojj (Buosjaj |o an]BA ■Xjiadojj IBBH JO ani«A Oi ■s]uauiaAOJduii pu« s3uip]inQ a rt « •mdaa •aSBiuojjj •JOT JO -ON •>loo|a JO -ON wmmmmtm 119 FORM III. To all whom these presents shall concern : We, , of the 5 Esquire, warden, and of the of Esquire, treasurer of the City of Winnipeg in the Province of Manitoba. Send Greetino : lo W'hkreas, by virtue of a warrani under the hand of the mayor and seal of the said city, bearing date the day of in the year of our Lord one thousand eight hundred and commanding the treasurer 15 of the said city to levy upon the lands hereinafter mentioned for the arrears of taxes due thereon to the city of Winnipeg, with his costs, the treasurer of the said city did on the day of in the \ oar of our Lord one thousand eight hundred and 20 sell by public auction to of the of in the county of that certain parcel or tract of land and premises hereinafter mentioned, at and for 25 the price or sum of of lawful money of Canada, on account of the arrears of taxes alleged to be due thereon up to the day of in the year of our Lord one thousand eight hundred and 30 together with costs. Now KNOW VE, that we, the said and as mayor and treasurer of the city of Winnipeg, in pursuance of such sale and for the consideration aforesaid do hes . by grant, bargain and sell unto the said his heirs and assigns all that certain parcel or tract of land and premises containing more or less, being composed of {here describe the land so that 4Q the same may he easily identified.) 35 120 In witness whereok, we, the said mayor and treasurer of the said city of Winnipeg have hereunto set our hands and affixed the seal of the city this day of in the year of our Lord one thousand eight hundred and 5 [Corporate Seal] Countersigned, E. S., City Clerk. A. B,, Mayor I C. D., Treasurer ) FORM IV. 10 To the clerk of the City of Winnipeg : I, Peter Grant, a voter (or "person entitled to be a voter") in the said city, complain that the name John Jack is wrongly entered in the voters' list for the said city, he being a person disqualified under the . . 15 section of And take notice, that I intend to apply to the judge in respect thereof, in pursuance of the statute in that behalf. Dated the day of 18 . ao Peter Grant, Residence FORM V. To the clerk of the City of Winnipeg : \, James Smith, a voter {or "person entitled to be a voter") 25 (or the said city, complain (state the names of the persons in r spect of whom complaint is made, and the grounds of com- plaint touching each person respectively — or set forth in lists as follows, varying according to circumstances), that the several persons whose names are set forth in the subjoined list No. i 30 are entitled to be voters in the said municipality, as shown in sgid list but are wrongfully omitted from thevoters' list. That the several persons whose names are. mentioned in the firaJ 121 af the iffixed iay of d one eal] . column of the subjoined list No. 2, are wrongfully stated in said voters' list as shown in said list No. 2. That the several persons whose names are set forth in the first column of the subjoined list No. 3, are wrongfully inserted in said voters list. 5 as shown in said list No. 3. And that there are errors in the description of the property in respect to which the names respectively are entered on the voters' list, (or stating other errors) as shown in the subjoined list No. 4. And take notice .that I intend to apply to the judge in respect thereof pursuant 10 to the statute in that behalf 10 iroter") rrongly person 15 Dated the A.D. r8 day of James Smith, Residence 1 5 List of Complaints mentioned in the above Nonce of Complaints. respect List No. i ( showing voters wrongfully omitted from the Voters' List,) ao NAMES OF PERSONS. James Tupper . . . Simon Beauclerk. Angus Blain GROUNDS ON WHICH THEY ARE ENTITLED TO BE ON THE voters' list. Tenant to John Fraser, of N. l4 sec. tp. range w. Owner in fee of N. W. }{ &c. Assessed too low — property worth $ List No. 2 (shotoing voters wrongly named iu Voters^ List. voter") 25 rsQHS in of com- in lists several It No. I 30 lown in That he firat I'ART U'OLLINGSUB- ^^ ! THE ERRORS IN STATEMENT NAMES OF PERSONS. , j,,,,,,,^,,. , ^ OF j ^^^^ ^.^^^^^ ^ ,^.j. Joshua Townsend. John McBean. . . . S. Connell Should hefoseph Townsend. Should bo John McBean the younger. Should be Sivion O'Connell. &c. &c. . "*^-» ^!!( ^i 122 List No. 3 ( thawing ftrsom wrongly iuserted in Vt^er^ List.) NAMES OF I'BRSONS. PART \ FOLI.INU SUB-, STATSMENTWHY WRONGFULLY DIVISION. |,,__ ; INSERTED IN voters' LIST. Peter White., . , John May David Wallers., 4 3 2 1 jDied before final revision of roll 2 jTenancy expired — left the country. 2 lAssessed too high — property { worth under $ &c. &c. List No. 4 (showing voters whose property is erroneously described in Voters' List, &'c. NAMES OF PEkSONS. POLLING SUB- DIVLSION. Stephen Washburn,. j 3 Thomas Gordon . . . . i 2 Ronald Blue I 4 part OF LIST, ERRORS IN RESPECT TO PROPER- TY OR OTHERWISE STATED. 2 iName should be in sub-division No, 2, 1 'Property should be, etc, 2 : Should be described as owner ' not tenant. i .:< ii. I FORM VI. 75? J/is Honor the Judge of the County Court of the County of Selkirk : The Clerk of the City of Winnipeg states and reports that the several persons mentioned in column i of the schedule be- 5 low, and no others have each given to him {or " left for him at his residence or place of abode," as the fact tnay be), written notice complaining of errors or omissions in the voters' list for said city for 18 , on the grounds mentioned in column 2 of the said schedule, and that such notices were received respec- 10 lively at the date set down in column 3 of the said schedule. Dated, &c. A. B. Clerk of the City of Winnipeg. 123 SCHEDULE. NAME OK COMPLAINANT. lERRORS OR OMISSIONS i COMPLAINED OF. STATE WHEN NOTICE OF COMPLAINT RECEIVET. BY CLERK. FORM VII. To the clerk of the city of Winnipeg. I, Luke Doran, a person entitled to be a voter in the said city, complain that the name of Peter Short is wrongly inserted 5 in the voters' list of the said city he having before the final revision and correction of the issessment roll transferred to me the property in respect to which his name is entered on the said list {or " parted with the property in respect to which his name is entered on the voters' list, and that I am in possession lo of the same ") : And take notice, that I intend to apply to the judge to have my name entered on the said list, instead of the said Peter Short, to the provisions of the statutes in that behalf. Dated the day of x8 Luke Doran. IS To FORM VIII. , Clerk of the city of Winnipeg. Upon reading your report and notification respecting the voters' list for the said City of Winnipeg for i8 , pursuant to the statute in that behalf, I appoint the of 20 18 , at the hour of at in the said city, for holding a court to 124 hear and determine the several complaints of errors and omissions in the said voters' list, of which due notice has been given. You are constituted clerk of the court. i I!: You will advertise the holding of such court, and post up in 5 your office a list of all (omplaints of errcrs and omissions in the said voters' list : and vou will notify all parties concerned ac- cording to law. Let the assessment commissioner for the city attend the sit- tings of the said court, and let the original assessment roll of 10 the city for 18 , and the minutes of the court of revision for the city for 18 , be produced before me or the acting judge on the day and at the place above mentioned. Dated day of 18 Judi^e Co. Court. 15 FORM IX. Notice is hereby given that a court will be held pursuant to the voters' list clause of at on the day of 18 , at o'clock for the 20 purpose of hearing all complaints made against the voters' list for the city of Winnipeg, for 18 , jiarticulars of which com- plaint are shown in the subjoined schedule. All persons having business at the court are hereby required to attend at the said time and place. 25 Dated day of 18 . A. B., Clerk of the City of Winnipeg. aHi 125 SCHEDULE. NAMF. OK I'AKTY NAME OK PERSON IN RF.SI'ECT TO] GROUNDS OF COM- COMl'I.AIMNC. WHOM APPK.AI, WAS MA1>E. | PLAINT ALLEGED, FORM X. Notice is hereiiy given that a court will be held pursuant to the voters' list clauses of by His Honor the Judge of the County Court of the County of Selkirk, at 5 on the day of i8 , at o'clock, to hear and determine the several com- plaints of errors and omissions in the voters' list of the City of Winnipeg, for r8 . All persons having business at the court are required to at- I o tend at the same time and place. Dated day of i8 A. B., Clerk of the City oj Winnipeg. FORM XI. 15 You are hereby notified that pursuant to the statute in that behalf a court for the revision of the voters' list 18 for the City of Winnipeg, will bo held by the Judge (or acting Judge) of the County Court of the County of Selkirk, at , on the day of 20 18 , at o'clock, at which court all com- plaints duly lodged of any error or omission in the said list 126 will be heard and determined. A list of said complaints is posted up in and you are hereby required to be and appear at such court ; and take notice that the judge may proceed to hear and determine the complaints whether the parties complaining appear or not. 5 By order of His Honor the Judge of the said County Court of the County of Selkirk. Dated day of . 18 To A person complaining of error I in the said Voters' List. ( 10 A. ]].. Clerk of the City of Winnipeg and constituted Clerk of said Court. FORM XII. »5 You are hereby notified that, pursuant to the statute in that behalf, a court for the reviyion of the voters' list, 18 , for the City of Winnipeg, will be held by the Judge (or acting Judge) of the County Court of the County of Selkirk, at on the day of 18 , at 20 o'clock, noon, and you are required to appear at the said court, for that has complained that your name is wrongly inserted in the said voters' list, ("because," 6^r., state matter of complaint concisely). A list of all com- plaints lodged is posted up in ; and take 25 notice, that the judge may proceed to hear and determine the said complaint, whether you appear or not. By order of His Honor the Judge of the said County Court of the County of Selkirk. To 30 Entered on said Voters' list. A. B., C^ rk of the City of Winnipeg, and constituted Cletk of ths said Court. ■MM m 127 FORM XIII. I SEAL. Manitoba Countv of To Wn : 5 To 1 Victoria, by the Ciracc of God, of the United King 2, Thi' following pcrwrns arc struck otV ihc ».ii^. ' 'i 1 ji FORM XVll. In the matter of the voters' list for the City of Winnipeg, for 1 8 , and of the complaint and appeal to the Judge of the County Court of the County of Selkirk, by A. B., complain- 15 ing of the name of C. D. being wrongiy inserted in the said list {or, as the case may be, statini^ in brief the nature of the com- plaint.) On proceedings taken before me, pursuant to the said Act, I find and adjudge that the name of the said C. 1). was rightly 20 inserted in the said list, {or, "was wrongly inserted in the said list "), and order that the said A. B. do pay the said C. I), his costs occasioned by the said complaint {or, "and order the said C. D. shall pay the said A. B. his costs im ident to the said complaint," — or, "and order that E. F., one of the assessors of 25 the said city, being blamable for such wrong insertion, do pay the said A. C. his costs incident to such complaint," — or, as the case may be, statina; it in brief) — said costs to be taxed pur- suant to the said Act. Dated at this day of 18 30 County Judge, i 1 •-irT'i •^■hi'wwiHWiriaHiiT' ' i Hi'li^nrWiifitiiriiiiKi KORM XVIII. Victoria hy tlic (Iracc of (lod of the United Kingdom of (lieat Britain and Ireland, Queen defender of the Faith itc, 'l"o the Sheriff of the Greeting : 5 Wo ( omniand you that of the goods and chattels in your hailiwick of CI. D., you cause to be made dollars for certain costs which lately by an order of His Honor the Judge of tlie County Court of the County of Selkirk dated the lo day of 1 8 , were ordered to he paid by the said C. D., to A. B., as and for Iiis losts sustained by him on the trial of a complaint against the voters' list of the City of Winnipeg, in the County of Selkirk for 18 , made and prosecuted under the provisions 15 of the voters' list clauses of the which said costs have been taxed and allowed at the said sum as appears of record and have that money before our judge of our said Court at Winnipeg afore- said innnediately after the execution thereof, and in what 20 manner you shall have executed this, our writ make appear to our judge aforesaid, at Winnipeg aforesaid, immediately after the execution theret)f, and have you there then this writ. Witness His Honor Judge of our said County Court of the County of Selkirk at 25 Winnii)eg, the day of in the year of our Lord 18 . Cierk. I'ORM XIX. In the matter of assessment for the year 18 , in the city 30 of Winnipeg. The persons mentioned in the first column of the schedule following, not being assessed, or not being sufficiently assessed, on I he assessment roll of the City of Winnipeg, for the year 18 , and having been found entitled to vote, on proceed 35 ings taken before me, the Judge of the County Court of the 132 County of Selkirk, under the voters' list clauses of in pursuance of section of the said Act, it is adjudged that the said parties mentioned in the first column of the following schedule, respectively, should have been assessed for the sum mentioned in the second column, respectively, op- posite their respective names, in respect to the land or other property or qualification mentioned in the third columns of said schedules, respectively, opposite the respective names of said parties, and it is ordered that the said parties shall be as- sessed accordingly. Dated the day of Judge. SCHEDULE I. lO Column I. Names of persons lia- ble to have been assessed on the Assessment Roll for the City of Winnipeg for the year i8 , but not assessed. Column 2. Amount for which the party should have been assessed. Column 3- Property in respect to which the liability to assessment exists. SCHEDULE 2. Column I, Names of persons not sufficiently assessed on the Assessment Roll for the City of Winnipeg for the year 18 . Co'umn 2. Amount for which the parties should be assessed in addition to the amount already on the Assess- ment Roll. Column 3. Property in respect to which the liability lo assessment exists. mm ]:V.] FORM XX. lO Pursuant to section of the voters' list clauses of the I, A. B. Prothonotary (or Deputy Clerk of the Crown and jileas as the case may be) for 5 the (pr^ " a person entitled to be named as an elector on the voters' list for the City of Winnipeg in the County of Selkirk), hereby inform His Honor the Judge of the County Court of the County of Selkirk, that C. D., Clerk of the said City of Winnipeg, has failed to per- loform the duties required of him as such Clerk by the said Act, in this that he the said C. D. has not made out the alphabetical list of voters for i8 , for the said city within thirty days after the final revision and correction of the assessment roll thereof {or as the case may he, stating in brief the duty not per- 1$ formed) according to the requirements of the said Act, and I apply to the said Judge to enforce the performance of the duties aforesaid, and to take such other proceeding as may be necessaiy. Dated at this 20 day of i8 A. B. FORM XXI. In the matter of the voters' list for the City of Winnipeg in the County of Selkirk. 25 Whereas it appears by the application of A. B., prothono- tary (or Deputy Clerk of the Crown and pleas) for the {or, " a person entitled to be named as an elector on the said list,") made to me, in pursu- ance of the said Act, that you, C. D., the Clerk of the said city, 30 have failed to perform certam duties required of you by the said Act, in this that you have not made out the alphabetical list of voters' for 18 , for the said city, within thirty days after the final revision and correction of the assessment roll thereof {or as the case may be, following the application) ; and 35 whereas the said A. B. has applied to me to enforce the per- tormance of the duties aforesaid ; 1.^4 You the said C. D., are therefore hereby required to be and appear before me at my chambers, in on the day of 1 8 , at the hour of and then and there have with you and produce before me the assessment roll for i8 , for the said city, and any documents in your custody, power Oi control, relating to the assessment roll, or to the voters' list aforesaid ; and then and there submit yourself for the examination on oath as may be required of you. Herein fail not at your peril. Dated this day of i8 lO To C. D., Clerk of the City of Winnipeg. Judge. 15 and ; the 5 :ients ment bmit d of lO udge. 15 IN DEX — TO THE — Consolidated Charter — OF THE — CITY OF WINNIPEG, 1884, (The figures in brackets refer to the number of subsection.) ♦♦ » . Abbatoir— see " Markets" (115) Abrogation of Licenses — see " I,icenses " (77) Actions and judgments against City Aldermen — resignation — see "Council " (12) " — Qualification of " or other member of council not to be interested in any contract with city (15) Aliens (i.f>) Appeal to and from Court of Revision — see "Revision" Appellant at Court of Revision — see " Revision" Appropriations Armstrong's Point — erection of bridge at — see " Surveys" &c . Assessment Assessment Commissioner and Assistants — number of . . " " " " constitute Board of Assessors— Salaries &c Assistant Assessors, to be under control of assessment Commissioner — see " Miscellaneous Provisions " .. Assessment — miscellaneous provisions '• of vacant ground, &c " — levying rate of " — whom payable by Page. Clause. 75 149 71 149 9' 171 82 «57 7 3 83 '57 7 4 31 39 50 109 91 168-170 108 210 23, 23 23 23 23 29 37 29 37 29 36 32 40 35 49 2 A — Contimied. Page. Clause. Assessment Roll — final revision of 47 94 —foTin of Schedule A (11) 118 — fraud by assessor — see " Miscellaneous Provisions" 51 1 10 113 Assessment Roll — form of 24 24 '• — "Resident,"— "Non-resident" 32 41 " — authentication of 24 27 Ashes- -see " Fire" (54) 68 149 Auctioneers — see "'Licenses" (72) 70 149 Auditor— duties of, &c 85 160 Ballot I3ox, (8) (19) (9) 11-13 S Ballot— shall vote by ( 10) 11 8 Ballot Paper— printing of (12-13) 12 8 Ballot — re-counting of (26) 15 8 Bathing in public places (16) — see "By-laws" 64 149 Bailitf at court of revision — see " Miscellaneous Pro- visions"' 49 105 * Bells and horns— ringing and blowing of (29)— see "By laws" 65 149 Bills of Exchange 2 i Billiard tables — see " Licenses" 70 71 Bonds — received from officers i i Board of assessors — see " Assesment" 23 23 Bread — assize of — see " Markets" (106) ... 74 149 Breweries— see " By-laws " (28) 65 149 Bridges, &c.— see " By-laws" (131) 79 149 Bridges — see " Surveys," &c 108 209-210 liy-laws-^requiring assent of electors 55-72 133-149 " — -who may vole on (" Procedure") 53 133 " — duties of clerk towards 56 133 " — for contracting debts, nature of. 57-5^ 134-139 143 " — powers of council to pass 62 149 ' ' — legalization of 1 1 3 223 ■t aaiiSiitatm ti^r 3 B — Coiidiinai, Pace. Clause By-laws — quashiny; of (procedure) 79 150 " — jirinted copies of, prima fiacie evidence in court 112 217 " -authenticalion of 108 208 " —not in conflict with charter lo he in fall force. . in 216 " 2(')6— confirmation and legalization of I lO 235 By-laws— Re-lighting( i ), gas and water(2-5),;Sahl)ath oh- servance (6), selling iiiKJxicants lo children (7), indecent placards (8), vice and drunk- eness (9), houses of ill-fame ( 10), horse rac- ing(ii), exhibitions (12), gambling (13), vag- rancy (14), indecent exposure (15), bathing (16), cruelty to animals (17), liogs (iS - 20), shade trees (21), sign boards (22), manufac- turers (23), injuring or fouling wharves (24), wells y^j), nuisances (26), privy vaults (27), slaughterhouses, tanneries, &c., (28), bellsand horns (29), firearms (30), statute labor (31-34), --. charitable institutions (35), sidewalks (36), importuning (37), cemeteries (38-39 and 116), weeds (40), division fences (41), rubbish, &c , (42), sewers (43), obstructions on streets (44), officials (45), lockup houses (46), fines (47), fire (50-64), licenses (65-86), railways (87-92), ,. . . city pound (93-96), public health (97-98), , . , . markets (99-114), watering streets, &c., (118), snow and ice (121-123), nnmbering houses (125), street railways (129), reckless driving . (130), bridges (131) c Cemetries — see " By-laws'" (38) , 66-76 , .149 Chairman — when Mayor absent — see " Council" Cheques — signing of 1 1 j 230 Chimney sweeps— see " Licenses" (76) 70 149 Charitable institutions — see " By-laws " (35) 66 I49 . City limits and boundaries 3 2 f^—ConttMufd. I Clerks — market — determining and regulating duties of see "Markets" County of Selkirk — separation from City of Winnipeg . . Common Seal Contracts — power to make Contracts — execution of County Council of Selkirk vs. The City of Winnipeg — settlement of existing suit Council — constitution of — qualitication and disqualifica- tion of mayor and aldermen, '* — special meetings of— see *' Council" " — meetings of and proceedings at " — place of meeting of — see " Council" Contested elections — see " Elections" " " — trial of— penalty Corrupt practices •' *' — contravention of section B of this Act, — how dealt with " " — penalty Court of Revision — see " Revision" Collector — Tax — duties of Corporation — officers of. •• " — shall hold office during good be- haviour " '* — appointments to be confirmed by by-law '• — duties of, defined by by-law .... " — office hours " — oath of office Corporate name — "The City of Winnipeg" — change of— effect Commission — as to finances Costs at Court of Revision — see " Miscellaneous pro- visions Creulty to ani mals — see " By-laws" (17) Page. C' .AUSE. 75 149 I I I I I I US 230 6-7 3 81-82 157 81 157 81 157 22-l8 15-12 19 13-10 23 15-17 22 18 33-36 43-53 89 164 89 161 «l (• << 90 162 90 163 90 164 90 166 I I "5 229 52 "5 -117 64 149 Debentures — how executed : " — how transferable •• — on railways Declaration— in case of Mayor — see " Mayor" " — in case of aldermen Declaration — to be made before business proceeded with (i) Delinquent clerk at court of revision Discount on prompt payment of taxes Disorderly persons at elections — penalty — see " Elec- tions" Dogs— see " By-laws" (18-20) Driving — reckless — see " By-laws" (130) Drunkeness — see " By-laws" (9) Page. Clause. 58 136 58 «37 72 149 17 17 53 iao-133 36 5* 64 149 78 149 64 149 Electors — qualification of. 7 4 Elections 7 5 " — (2) advertisement of. 8 5 " — proceedings at — notice of holding (2) 10 8 " — time and place of holding 8 7 '■ — interrupting of — duty of returning officer.. . . 9 7 " — contested 18 12 Electoral division of wards partly in Winnipeg north and south — voters' list (i) 46 91 Escapes— fire — see ' ' Fire " 69 149 Exemptions from taxation 27 35 Exhibitions— see '■ By-laws " (12) " Licenses " (83) 64-71 '49 E;:propriation of lands &c , — procedure of 100-107 206 " " '• — commissioners (4) .. 102 206 Fences — divisif n — see " By-laws " (41) Ferries — reguliting of, &c. — see " Licences" (74). 66 70 149 149 Il ii ii F ( 'ontimifJ. I'ACiE. Cl-AUSK, Fines— See " By-laws " (47) 67 149 " Ifviecl at police court to he jiaid to city 99 100 200 204 Fire — hy-kws rclatinj^ to t»S 149 Firearms and I'ircworks— sec " Ity-laws " (30) O5 149 Food — taiiitcii and iinwliolcsuiiic sec " Markets " (107) 75 149 Fiaud — by members or officers of C)iincil— penalty 112 218 Fire — brigades and companies {50) — reyulatin;^ danj^er- oils or (ire caiisinj; trades (51)— rei^uiatinj; construc- tion of flues iVc. (52)- ashes, {gunpowder, \c. (54) — party walls (55) — guards ai;ainst(56) - -vvarilens(57) — demolition of adj.iceint houses to prevent sprca4 '4') Iiitelliiionce offices— sci; " Licenses " (78) 71 14) Investigations 114 22() Interpretation clause i ift 236 Inspector -License — see " License " (68) 6(j 149 J juilj^e at court of revision —reiiumcr.ilion of -see "• Mis- cellaneous Provisions" 50 luS Jmi^c at I'lnirt " (9) 30 Surplus monies — how invested . 61 Surveys, &c :oS Sub-division of wards —see " Voters' list" 49 T Tanneries — .see " By-laws " (28) 65 Taxes — collection of— see " Collector," &c 33-36 " " " — sales of chattels and lands for. . .. 34 " —unpaid on any land shall have preference to any claim or lien except the crown 36 " — may be payable by instalments by by-law 36 " — sale of lands for 36 " — advertisement of, ii:c 37 Tax roll — "resident" — ' non-resident" 33 " sale of lands — redemption 41 " '' " — deed of redemption — see schedule A, form III 119 37 145 207 93 149 43-53 46-48 51 52 55-78 59 41 79-81 I! 12 T — Continued. Tax sales fund — see "Miscellaiieous provisions " , " sale — ejectment action Treasurer — appointment and duties of " — receipt of monies Page. Clause. 43 84-85 45 89 83 159 90 167 Vacating seat by member of council by felony, &c. ... -7 lo-ii Vacant ground — assessment of — see "Assessment" 29 36 Vagrancy — see " By-laws " (14) 64 149 Vice — see '* By-laws " (9) 64 149 Violation of provisions of act — penalty 113 219 V^otes — how taken— see "Ballot" — council shall appoint by by-law places for taking, at elections 9 7 " — equal number of — how settled (23) 14 8 Voters — qualfication and disqualification of, aliens 7 4 " — incapacitated by blindness, &c (27) 15 8 Voters' list — to be certified to before poll Is opened (1-2) 10 8 ' — duty of chirk in reference to and contents of 46-47 90-94 " ■ ' — advertisement of completion of 47 95 " — revision of 47 96 ' " — number, &c , to whom they shall be sent . . 49 103 " " — complaint against voters on 47 97-102 '■ " —penalty for falsifying, &c 53-54 123-128 ■' ■' — form of— see schedule A (form I) 117 236 " " — appeal to court of revision — form of 120 •' "—schedule 122 • ' " — changes and revisions 47 95 " " — certification of — form 128 " * — affirmation at elections 11 8 " " — application by clerk to judge to certify — form of : 127 " " — notice of errors omissions in, to county court judge ■ . 123 34-85 89 159 i67 O-II 36 149 149 219 13 W Wards— number of Ward one— Boundaries of. " two— " three— " four — " five- " six — Water— see " By-laws " (25) Warde..„ —fire — see " Fire " , . Wells— see " By-laws " (25) , Weights and measures— see " Markets" (104) Wharves— injuring or fouling of— see " By-laws " (24) Winnipeg— city of— power to sue and be sued " " — separate from county of Selkirk . . , " Water Works Co Wooden buildings— see ' ' Fire "(60) Page. Cla USE, 4 2 4 2 4 2 5 2 5 2 5 2 6 2 62-77 149 68 149 65 149 75 149 65 149 I I I I 116 234 68 149 7 8 4 8 8 )o-94 95 96 103 '-102 1-128 236 95 8