^, IMAGE EVALUATION TEST TARGET (MT-3) ^/ ^ >. ^. .«* A ^ 4^' 1.0 £Ui ass u m 12.2 1.1 11.25 I g La 12.0 IIIIHH \A. 1 1.6 Photographic Sciences Corporation 23 WKT MAIN STRUT WnSTIR.N.Y. MSM (716) •73-4503 '^ CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microraproductions / Institut Canadian da microraproductions historiquas Technical and Bibliographic Notas/Notas tachniquaa at bibiiographiquaa Tha Inatituta haa attamptad to obtain tha baat original copy avaiiabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua. which may altar any of tha imagaa in tha raproduction, or which may aignificantly changa tha uauai mathod of filming, ara chaclcad baiow. Colourad covara/ Couvartura da coulaur I I Covara damagad/ D D D D Couvartura andommagAa Covara rastorad and/or laminatad/ Couvartura raataurte at/ou pallicuMa I I Covar titia miasing/ La titra da couvartura manqua I I Colourad mapa/ Cartaa gAographiquas an coulaur □ Colourad inic (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) I I Colourad plataa and/or illuatrationa/ D Planchas at/ou illuatrationa an coulaur Bound with othar matarial/ Rali* avac d'autraa documanta Tight binding may cauaa shadowa or diatortion along intarior margin/ La re iiure serrie peut cauaar da I'ombre ou de la distortion la long da la marge IntAr jre Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pagea blanches ajoutAes lors d'une restauration apparaiaaant dana la texte, mais, lorsque ceia Atait poaaibia, ces pagea n'ont pas AtA filmAas. Additional comments:/ Commentaires supplAmantairaa; L'Inatitut a microfilm^ la meilieur exemplaire qu'ii lui a At* poaaibia de aa procurer. Les d^taila da cet exemplaire qui aont paut-Atre uniquaa du point da vue bibliographiqua, qui pauvant modifier une image reproduite. ou qui peuvent exiger une modification dana la mAthoda normala de filmaga aont indiqute ci-daasous. I I Coloured pagea/ D Pagea da coulaur Pages damaged/ Pagea endommagtea Pages restored and/oi Pagea rastaurAas at/ou paillculAea Pages discoloured, stained or foxei Pagea dAcolorAas, tachettea ou piqutes Pages detached/ Pages dAtachAes Showthroughy Transparence Quality of prir Qualiti inAgala de I'impresslon Includes supplementary materii Comprend du material supplAmentaira Only edition available/ Seule Edition disponible I — I Pages damaged/ I — I Peges restored and/or laminated/ rv7 Pages discoloured, stained or foxed/ nn Pages detached/ [^ Showthrough/ I I Quality of print varies/ ,p "I Includes supplementary material/ I — I Only edition available/ Pages wholly or partially obacurad by errata slips, tissues, etc., have been ref limed to ensure the best possible image/ Les pages totaiament ou partiallament obscurcies par un feuillet d'errata, une pelure, etc., ont At6 fiimAes A nouveau de fapon A obtanir la meilieure image poaaibia. Th( to Th( poi of filff Orl be, th« aio oti fin sio or Th shi Til w^ Ml dif am bei rig rec mt This item is filmed at tha reduction ratio checked below/ Ce document est film* au taux de reduction indi'.^ui ci-dessous. 10X 14X 18X 22X 26X 30X y 3 12X ItX 20X 24X 28X 32X Th« copy fllm«d h«r« Hm lM«n raproducMl thanks to th* fl«n«r(Mitv of: Library Division Provincial ArcWvai of British Columbia L'oxomplairo fllmA ffut roproduit grico A la sAnArosltA da: Library Division Provincial Arcbivts of British Cdumbia Tha imagaa appaaring hara ara tha bast quality possibia eonsMaring tha condition and laglblNty of tha original copy and in kaaping with tha filming contract spacifications. Laa imagas suivantaa ont At* raproduitas avac la plus grand soln. compta tanu da la condition at da la nattatA da TaMamplaira film*, at an conf ormit* avac las conditions du contrat da filmaga. Original capias in printad pepar covers ara fllmad baglnning with tha front covar and anding on tha last paga with a printad o; illustratad impras- sion, or tha back covar whan approprlata. All othar original capias ara fllmad baglnning on tha first paga with a printad or illustratad impras- sion. and anding on tha last paga with a printad or illustratad imprassion. Tha last racordad frama on aach microfiche shall contain tha symbol ^-^^ (moaning "CON- TINUED"), or tha symbol V (moaning "END"), whichavar applias. Las axamplalras originaux dont la couvartura •n paplar ast imprim4a sont filmAs an commandant par la pramlar plat at an tarminant salt par la darnMra paga qui comporta una amprainta d'imprassion ou d'illustration. soit par la sacond plat, salon lo cas. Tous los autras axamplalras originaux sont fllmAs an cemman^ant par la pramMra paga qui comporta una amprainta d'imprassion ou d'illustration at an tarminant par la darnlAra paga qui comporta una talla amprainta. Un das symbolos suivants apparattra sur la darnlAra imaga da chaqua microficha. salon la cas: la symbela -^ signifia "A SUIVRE". la symbols ▼ signifia "FIN". Maps, platas. charts, ate. msy ba filmad at diffarant reduction ratios. Thosa too larga to ba antiraly included in one exposure are filmed beginning in the upper left hend corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartas, planches, tableaux, etc.. peuvent Atre filmAs A des taux da rAduction diffArents. Lorsque le document est trop grend pour Atre reproduit en un soul clichA. il est f ilmA A partir da Tangle supArieur gauche, de gauche A droite. et de haut en bes. en prenant la nombre d'images nAcessaira. Les diagrammas suivants illustrant la mAthode. 1 2 3 1 2 3 4 5 6 > Y ■■WTf*^ ' ■'f Ji VI 77>cA AN ACT TO INCOPRORATE THE CITY OF WINNIPEG. 37 Vic., Cap. 7. Assented to November 8, 1873. WHEREAS a gi?at numlwr of the inhabitants of Win- ni|M3jr liave represented that it is desirable that the same should be incorporated as a City under the name of Winnipeg^- Therefore Her Majesty, by and with the advice and con- sent of the Lej^islative Council and of the Legislative Assem- bly of Manitoba, enacts as follows : I. From and after the ]>assing of this Act, the inhabitants of the City of Winnipeg as hereinafter described, and their successors, shall be and ai:e hereby declared to be 'A body politic and corporate, in 'fact and in law, by the name of " The Mayor and Council of the City of Winnipeg," and separated from the County of Selkirk for all municipal pur- poses, and V)y the same name they and their successors shall have perpetual succession and shall have power to sue and be sued, implead and be impleaded, answer and be answered unto, in all courts and in all actions, causes ami^ suits of law whatsoever, and shall' have a com- mon seal, with power to alter and modify the same at their will and pleasure ; and shall be in law capable of receiving by donation, accmiring, holding and departing with any pro- perty, real or moveable, for the use of the said City, of be- coming parties to any contracts or agreements in the man- agement of tlie affaii's of the said City ; and of giving or accepting any notes, bonds, obligations, judgments, or other instruments or securities for the payment of, or securing the payment of, any sum of money borrowed or loaned, or for the executing or guaranteeing the execution of any duty, right or thing whatsoever. II. The said City of Winnipeg shall be bounded as fol- lows : Commencing where the northerly limit of lot 224, in the Parish of St. John, according to the Hudson's Bay Company'ei Ijipjii.iiiyimiimi ^mm ■IP \ J I*'. s Register, strikes the water's edge of the Rud River; thence north-westerly along the said limit of said lot to where the same intersects the eastern limit of the main highway fmm Winnipeg to. the lower parishes ; thence along the said high- way souUierly across the said lot 224 ; thence north-westerly „ along tlie southerly limit of the said lot to the rear thereof; • thence southerly along the rear of the lots in the settlement belt to the westerly angle of lot 24)9, originally bought from the faLudson's Bay Company by William Drever; thence south-easterly along the southerly limit of the said lot 249, to where the same would be intersected by the extension of the easterly limit of the street laid out by the said Hudson's 5ay Company between lot, pensioner's, 54, and lot 1212 front- ing on the Assiniboine River ; thence southerly along the east limit of the said street to the water's edge on the said Assini- boine River ; and thence along the latter easterly to the Red River ; and thence down the westerly edge of the same with - the stream to the place of beginning. if I. The City shall be divided into four Wards, to be •called respectively the North, South, East and West Wards, "which shall be bounded as follows : NORTHWARD. All that portion of the City north of lot numbered 246, ' according to the survey made by authority of the Hudson's Bay Company. SOUTH WARD. All that portion of the City bounded as follows : commenc- ing at the Red River at the south-eastern corner of a lot known as Dr. Schultz's lot, being a portion of lot No. 1210, thence westerly along the southern boundary of the said lot to the Main Street ; thence northerly plong the Main Street to a point opposite to the road known as the Portage la Prai- rie road ; thence along the said Portage la Prairie road to the southern boundary of lot numbered 249, known as Drever's lot; thence along said southern boundary of Drever's lot to the western limit of the City ; thence south-westerly along the boundary of the City to the Assiniboine River, and thence down the stream along the banks of the Assiniboine and Red Rivers to the place of beginning. EAST WARD. All that portion of the City lying between the North and i!!$otfth Wards, and east of the Main street. mmfi^f^i^H^f^ \ > WEST WARD All that portion of the City lying between the North and South Wards, and west of the main street. IV. There shall be elected from time to time in the man- ner hereafter mentioned, a fit and proper person who shall be, and be called the Mayor of the City of Winnipeg,^iand three fit pereons for each Ward, who shall be and 1^ called Aldermo» of the City of Winnipeg; and such Mayor and Aldermen for the time being shall form the Council of the said City, and shall be designated as such, and shall I'epresent for all purposes whatsoever, the Coiporation of the City of Winnipeg. V. Every election shall be by Wards, and every Ward - election shall be held within the Ward. VI. No person being in holy orders, or the Minister Qf« any r iligious belief whatever, the Judges of the Court of Queen's Bench or of the County Court, Sheriffs or Officers of^ , the said Courts, nor Officers of Her Majesty's Army or Navy,* or the Volunteers of Canada on active service, or salaried civil officers of the Dominion of Canada or of the Province, • nor any pei-son accountable for the revenues of the said City, shall be capable of being elected Mayor or Alderman of the said City ; nor any officer or person presiding at ^the election of the Mayor or Alderman, while so employed, nor any person who shall have been convicted of treason or felony in any Court of Law within Her Majesty's Dominions, or elsewhere, nor any person having in person, or through his partner, or as a Director in any Incorporated Company, any contract whatever or interest in any contract with or for the said City, shall be capable of being elected Mayor or Al- derman for the said City. VII. The following persons shall not be obliged to accept the office of Mayor or Alderman for the said City, nor any other office to be filled by the Council of the said City, viz : Members of the Provincial Legislature, practising Physicians, Surgeons, and Apothecaries, Schoolmasters actually engaged in teaching, persons over sixty years of age, and the members of the Council of the said City who have been so within the two vears next preceding ; and the persons who shall have falfilled any of the offices under such Council, or paid the penalty for refusing to accept such office, shall be exempt from serving in the same office during the two yeais ne^i after such service or payment. ^ > VIIT. That the persons qualified to be eloctful an such Mayor or Aldermen shall be tht; male inhabitants of such City or Ward, who shall have resided at hiast six months next before such election within the said City, and who at the time of such election shall be possessed of real estate within the City or Ward therein to the value of two thou- 8anc eligible to be elected as such Mayor or Alderman, who shall not be of the full age of twenty-one years, and a subject of Her Majesty by birth or by naturalization. IX. That the persons qualified to vote at any such elec- tion shall be the male inhabitants of such City or Ward, and proprietoi-s owning real estate to the value of one hundred dollars and upwards ; and the male inhabitants of said City or Ward, occupying real estate to the value of twenty dollars per annum and uj)ward8, but no person shall be so qualified to vote unless of the full age twenty-one years, and a subject of Her Majesty by birth or naturalization. X. That the persons t. aed to be elected or vote at the first election to be holdt u under this Act shall be the male freeholders or householders of the City or Ward, who shall have resided therein for at least three months next before such first election, and who are of the full age of twenty-one years, and by birth or naturalization subjects of Her Majesty. XI. The Mayor and Aldermen shall be elected for one year only, and shall remain in office until their successors in office shall have been elected and sworn in. Xn. The Council shall from time to time, by By-law, appoint the place or places for holding the next ensuing municipal election ; otherwise the election shall be held at the place or places at which the last election was held. XIII. The electors of the City, shall elect annually, on the fii*st Monday of January the Mayor and three Aldermen for each Ward, and the persons so elected shall hold office until their successora are elected or appointed and sworn into office, and^the new Council is organized ; and the first election under this Act shall be held on the first Monday in January, in the year one thousand eight hundred and seven- ty-four : Provided, however, that if such Monday should be a statutory holliday, the election shall be held on the next juridical day. k > > XIV. The Council shall from time to time, by By-law, appoint Returning-offieers to hold the next ensuing elections ; and until the first Council shall be organized and appoint a Clerk, the Registrar of the County of Selkirk shall act as Clerk of the City, and shall appoint the Returning Officers and the time and places for holding the elections in con- formity with this Act, and shall otherwise perform the duties of Clerk. , , RULES FOR FIRST ELECTION. (1.) Prior to the holding of the first election under the Act, a list of the pei'sons (qualified to vote according to its provisions, shall be made in manner following : (2.) The Registrar of Deeds for the County of Selkirk, the Clerk of the County Court thereof, and the Sheriff shall be a Board to prepare the list of voters for such first election, and before entering on their duties shall make oath before a Justice of the Peace to the faithful perfbnnance of their duties as such in the form contained in Schedule to this Act. (3.) Forthwith after the passingof this Act, the said Board shall meet and proceed to make out a list of persons for each Ward of the City who may be entitled to vote therein, ar- ranged in alphabetical order. (4.) After making such lists, the said Board shall lodge a copy of such lists, duly certified, in the office of the Registrar for the County of Selkirk, and shall aiuse the same to be published in two or more of the newspapers published in the City of Winnipeg, in two weekly issues thereof. (5.) Within one week after the second publication of such lists, notice shall be given by the Sheriff, by authority of one of the Judges of the Court of Queen's Bench, that on a certain day and hour, one or more of the Judges will attend for the purpose of revising the said lists, and will continue to sit from day to day, or by adjournment if need be, till he or they shall have completed the revision of such lists. (6.) At such Court of Revision, any person claiming to be entitled to vote, or any person whose name is already in- cluded on such list, on the behalf of any such person, may apply to the Court to have the name of such peraon included in the list, and the Judge, after hearing such evidence as may be adduced before him in support of or against the same , shall decide as to justice shall appertain. • Is t 6 (7.) In like inannor, any person whose name is already in- cluded on tlie list, may apply to the Jud^i to have the name of any pei-aon included thereon, and whom he alh.'ges to he improperly placed on such list, as not beirs^ entitled to v(»te, removed therefrom ; and the Judge, after hearing such evi- dence as may be adduced before him in support of or against such application, sha'' decide as to justice shall appertain. (8.) At the close of each Electoral Court, the presiding Judge shall make out and sign a list of such of the names objected to as in his judgment should be struck from the list, and of such ot the names of parties alleged to have been omitted, as in his judgment should be added thereto, and re- turn the same to the said Board, who shall fcrthwith make out a new list, incorporating therein the alterations and amendments contained in the Judge's ct^rtitied list, and shall sign and fyle the same in the office of the Registrar of Deeds for the County of Selkirk. (9.) The list so signed and fyled shall be the Register of votera for the first election of the Mayor and Aldermen under this Act, and no person shall be allowed to vote at such election whose name is not included on such revised list. (10.) No oath shall, before voting, be by the Returning Oflicer put to any ])erson, except as to whether the person so offering to vote is the pei-son named in the list, and that he is a subject of Her Majesty. (11.) The Judge shall have power, by any instrument under his fiand, to compel the attendance of any person at such Court to give evidence before him as to any application before the Court, and shall have power to maintain order in such Court, and summarily punish by fine or imprisonment any contempt of Court. (12.) The Judge, in his discretion, may at the fii*st meet- ing of the Court, adjourn the same to a future day, and order that notice within ten days, shall be given to him in writing of any applications by any party as aforesaid to add to, or strike off', names from the said list, and an abstract of such notices, prepared by him, shall be for public inspection in the office of the Registrar of Deeds for the Count}'^ of Selkirk during such period as he shall order ; and public notice shall be given by direction of the Judge, in one or more of the newspapers published in the City of Winnipeg, of the day, hour, and place at which the adjourned sitting of the Court will be held, to hear and dispose of all such applications. , rt (13.) A reasonable alloi»'ance shall be made by the Council of the City to the said Board, for preparing such list, and in case of dispute, one of the Judges or the Court of Queen's Ben(rh shall have power to i'nally decide the same, and the cost of all advertisements in pursuance r this Act shall be f)aid by the Council of the said (^ity, as also all costs of the passing of this Act, inclusive of the printing thereof. XV. In case at the iiuw. a])pointed for hold in<^ an election, the person ap[)ointed to l)e Returning Officer has died, or do(!S not attend to hold the election within one hour after the time appointed, or in case no Returning Officer has been apjKjinted, the electors present at the place for holding the ele(;tion, may clioose from amongst themselves a Returning Officer, and such Returning iirlicer shall have all the powers, and shall fjrthwith jiroceed to hold the election and pen. >rm all the other duties of a Returning Officer. XVI. The Returning Officer shall, during the election, act as a Conservator of the Peace for the City ; and he, or any Justice of the P«!ace having jurisdiction in the City, may cause to be am. ited, and may summarily try and punish by fine or imprisonment, or both, or may imprison or bind over to keej) the peace, or for trial, any riotous or disorderly per- son who assaults, beats, molests or threatens any voter coming tf), remaining at, or going from the election ; and when thereto re; .\t .. t ru! XXXIX. In case of an equality of votes, the Council shall appoint as Mayor e of the candidates between whom the equality exists. .- - . .> . ^ XL. The person so elected or appointed shall forthwith make the declaration in manner provided for Mayors, and assume the office of Mayor accordingly. , ... , , ) . XLI. In case a member of Council be convicted of felony or infamous crime, or be declared a bankrupt, or be charged in execution for debt, and remains in close custody, or upon the gaol limits for one month, or applies for relief as an in- solvent lebtor, or assicrns his property for the benefit of creditfjrs, or absents himself from the meetings of the Coun- cil for three months without being authorized by a resolution of the Council entered on its minutes, his seat in the Council shall thereby become vacant. , r , ' i ; XLII. In any case provided for by the forty-first section, or in case a person elected to a Council neglects or refuses to accept office or to make the necessary declarations for office, or in case a vacancy occurs in the Council caused by death, judicial decision or otherwise, the Head of the Council for the time being, or in case of his absence or of his office being vacant, the Clerk, or in case of the like absence or vacancy in the office of Clerk, one of the members of the Council shall forthwith, by warrant under the signature of such Head, Clerk or member, and under the corporate seal, re- quire the Returning Officer appointed to hold the last elec- tion for the Town, or any other person duly appointed to that office, to hold a new election to fill the place of the per- son neglecting or refusing as aforesaid or to fill the vacancy XLIII. Every Mayor or Aldennan so elected to replace another, shall remain in office for the remainder of the time for which his predecessor had been elected, and no longer. XLIV. Before the Returning Officer shall proceed to hold an election in conformity with this Act, he shall take the following oath, which any Justice of the Peace residing in the said City is hereby authorized to adriinister, that is to «ay: •i I *' I do solemnly swear that I will faithfully and impar- tially, to the best of my judgment and ability, discharge the duties of Returning Officer at the election which I am about to hold for persons to serve as members of the City Council of Winnipeg. So helf me God." ii'ii tto'j < ,U • :,.lii . in the office of (naming the ojfice) for the City of Winnipeg, according to the true intent and mean- ing of the Act to incorporate the City of Winnipeg. So HELP ME God." ri •• k ■ HI. L. In case, by reason of a riot or other emergency, an elec- tion is not commenced on the proper day, or is interrupted after being commenced and before the lawful closing thereof the Returning Officer shall hold or resume the election on the following day at the hour of nine o'clock in the forenoon, and continue the same from day to day if necessary, until tho poll has been open without inten*uption, Mid with free access to voters, for eight hours in all, in order that all the electors 80 intending may have had a fair opportunity to vote. ^^ V 14 LI. The Mayor shall be deemed the head of the Council and the head and chief executive officer of the Corporation, and it shall be his duty to be vigilant and active at all times in causing the law for the government of the City to be duly executed and put in force ; to inspect the conduct of all the subordinate officers in the government thereof, and, as far as may be in his power, to cause all negligence, carelessness and positive violation of duty to })e iluly ])r()secuted and punished, and to communicate from time to time to the Council all such information, and recommend all such measures as may tend to the improvement of the finances, the police, health, secur- ity, cleanliness, comfort and ornament of the City. LII. If the election of the Mayor, or of one or more of the Aldermen be contested, such contestation may be tried in term or vacation by a Judge of the Court of Queen's Bench, or County Court, in and for the (>ounty of Selkirk ; and any municipal elector in the City may be the relator. LIII. The proceedings for the trial shall be as follows : (l.)If within six weeks after the election, or one month after acceptance of office, the relator shews by affidavit to any such Judge, reasonable grounds for supposing that the election was not legal, or was not conducted according to law, or that the person declared elected thereat was not duly elected, and if the relator enters into a recognizance before the Judge, or before a Commissioner for taking bail, in the sum of two hundred dollars, with two securities (to be al- lowed as sufficient by the Judge upon affidavit of justifica- tioi;i) in the sum of one hundred doUara each, conditioned to prosecute the Writ with effi:3ct, or to pay the party against whom the same is brought, any costs which may be adjudged to him ao^ainst the relator, the Judoje shall direct a Writ of Summons in the nature of a quo warranto to be issued to try the matters contested. >., (2.) In case the relator alleges that he himself, or some other person, has been duly elected, the Writ shall be to try the validity, both of the election complained of, and the alleged election of the relator, or other person. ' (3.) In case the grounds of objection apply equally to two or more persons elected, the relator may proceed by one Writ against such persons. iJi' t; ' I ''J" i • l^ If (4.) Where more Writs than one are brought to try the validity of an election, all such Writs shall be ' i > < ; =. - V some \>o try the 15 able before the Judge who is to try the first, and such Judge Diay give one judgment upon all, or a separate judgment upon each one or more of them, as he thinks fit. ' (5.) The Writ shall be issued by the Prothonotary of the said Court of Queen's Bench, or by the Clerk of the County Court, and shall be returnable before the Judge in Chambers, upon the eighth day after service, computed exclusively of the day of service, or upon any later day named in the Writ. (6.) The Judge before whoiu the Writ is made returnable, or is returned, may, if he thinks proper, order the issue of a Writ of Summons at any stage of the proceedings to make the Returning Officer a party thereto. »'. . ' /• ■ i f (7.) Every Writ served under this secti(m shall be served personally, unless the party to be served keeps out of the way to avoid pei'sonal service, in which case the Judge, upon being satisfied thereof by affidavit or otherwise, may make an order for such subtitutional service as he thinks tit. (8.) The Judge before whom the Writ is returned may allow any perscm entitled to be a relator to intervene and defend, and may grant a reasonable time for the purpose ; and any intervening party shall be liable, or entitled, to costs like any other party to the proceedings. (9.) The Judge shall in a summary manner, upon state- ment and answer wdthout formal pleadings, hear and deter- mine the validity of an election, and may by order cause the Assessment Rolls, Collector's Rolls, Poll Books, and any other records of the election, to be brought before him, and may inquire into the facts on affidavit, or affirmation, or by oral testimony, or by issues framed by him, and sent to be tried by jury by Writ of Trial directed to any Court named by the Judge, or by one or more of these means, as he deems expedient. (10.) In case the election complained of be adjudged in- valid, the Judge shall forthwith, by Writ, cause the person found not to have been duly elected to be removed ; and in case the Judge determines that any other person was duly elected, the Judge shall forthwith order a Writ to issue, caus- ing such other person to be admitted ; and in case the Judge determines that no other person was duly elected instead of the person removed, the Judge shall by the Writ cause a new election to be held. r w^l 16 (11.) In case the election of all the memliers of the Coun- cil be adjudged invalid, the Writ for their removal and for the election of new members in their ])lace, or for the admis- sion of othei-s adjudged legally elected, ane held which the Council has in order to supply vacancies therein. (12.) Any person whose election is complained of may, within one week after service on him of the Writ, transmit through the Post Office, post-paid, directed to the Judge ap- pointed to try the case, or to the Clerk, a disclaimer signed by him to the following effect : " I, A. B., upon whom a Writ ** of Summons in the nature of a quo warranto has been serv- " ed for the purpose of contesting my right to the office of *' Alderman (or rt-s the case may be) for the City of Winni- *' peg, do hereby disclaim the said office, and all defence of ** any rights I may have to the same." Dated the day of (Signed) 18 A. B- (13.) Such disclaimer, or the envelope containing the same shall moreover be endorsed on the outside thereof with the word " Disclaimer," and be registered at the Post Office where mailed. (14.) Every person so disclaiming shall deliver a duplicate of his disclaimer to the Clerk of the Council, and the Clerk shall forthwith communicate the same to the Council. (15.) No costs shall be awarded against any person dis- claiming as aforesaid, unless the Judge is satisfied that such party consented to his nomination as a candidate, or accept- ed the office, in which cases the costs shall be in the discre- tion of the Judge. (16.) In all cases not otherwise provided for, costs shall be in the discretion of the Judge. (17.) The decision of the Judge shall be final ; and he shall, immediately after his judgment, return the Writ and Judgment with all things had before him touching the same into the Court from which the Writ issued, there to remain of record as Judgment of the said Court ; and he shall, as occasion requires, enforce such Judgment by a Writ in the > dis- b such jcept- liscre- illbe id he and I same [main ^11, as the 17 nature of a Writ of Peremptory Mandamus, and by W'rits of Execution for the costs awaided. (18.) The Judges of the Court of Queen's Bench, or a majority of them, may, by rules made by them, settle the forms of the Writs of Summons, Cerfiomn, Mandamus and Execution, and may regulate the practice respecting the suing out, service and execution of such Writs, and the punish- ment for disobeying the same or any other Writ or order of the Court or Judge, and respecting the practice generally in hearing and determining the validity of such elections or appointments, and respecting the costs thereon ; and may from time to time rescind, alter or add to such rules ; but all existing rules shall remain in force until rescinded or altered as aforesaid. LIV. The subsequent meetings of the Council after the first shall be held at such place, and from time to time as the Council by resolution on adjourning, to be entered on the minutes, or by By-law appoints. LV. The Council shall hold its ordinary meetings openly, and no p-^rson shall be excluded except for improper conduct LVI. In case there is no By-law of a Council fixing the Elace of meeting, any special meeting of the Council shall be eld at the place where the three last meetings of the Coun- cil were held ; and a special meeting may be opened or closed, as in the opinion of the Council, expressed by resolution in writing, the public interest requires. LVI I. The Mayor shall preside at meetings of Council ; and may at any time summon a special meeting thereof, and it shall be his duty to summon a special meeting whenever requested in writing by a majority of the Council. • '■ LVIII. In case of the death or absence of the Mayor, the Council may from among the members thereof appoint a presiding officer who, during such absence, shall have all the powers of the Mayor, LIX. If the person who ought to preside at any meeting does not attend within a reasonable time after the hour ap- pointed, the members present may appoint a chairman from amongst themselves, and such chairman shall have the same authority in presiding at the meeting as the absent |>ei*son would have had if present. 3 I II m LX. The Mayor or the presiding officer or chainnan of any meeting of the Council may vote with the other members on all questions, and any question on which there is an equality of votes, shall be deemed to be negatived. ^ / LXI. Any member of the Council may, with the consent of the majority of the members of th<^ Council, to bo entered on the minutes, resipoint a Chamberlain, who be- fore entei-ing on the duties of his office, shall give such se- curity as the Council directs for the faithful peiformance of his duties, and especially for duly accounting for and paying over all moneys which may come into his hands. LXV^ The Chandjerlain shall receive and safely keep all moneys belonging to the ( 'orporation, and shall pay out the same to such ])crsons, and in such manner as the laws of the Province, and the lawful Bv-laws or resolutiuns of the Coun- cil direct. "*>!,■> '■ ■!.(' 1 '•■.{' LXVI. The Council shall, as uoon a6 convenient after the annual election, appoint as many Assessors and Collectors for the City as may be necessary, and shall fill up any vacancy that occ^urs in the said office as soon as may be con- venient after the same occurs; but the Council shall not appoint as Assessor or Collector, a member of the Council, or a person who has not the same property qualification as that re(|uired i'or an Alderman. . - • LXV^II. The Assessors shall state in their Assessment Rolls whether the persons named therein are freeholders or householders, or both ; and shall, in separate columns for this pur[)o.se, use the initial letters F and H to signify the same respectively. LXVIII. Every occupant of a separate portion of a house, such ])oi'tion having a distinct communication with a public road or street by an outer door, shall be deemed a house- holder within this Act. . , .# LXIX. The Council shall, at the first meeting thereof, in every year after being duly organized, appoint two Auditors, one of whom shall be such person as the Mayor nominates ; but no one who, at such time or during the preceding year, is or was a member, or is or was Clerk or Chamberlain of the Council, or who has, or during such preceeding year had, directly or indirectly, alone or in conjunction with any other pei-son, a share or interest in any contract or employ- ment with, or on behalf of the Corporation, except as Auditor, shall be appointed an Auditor. LXX. The Auditors shall examine and report upon all accounts affecting the Corporation, or i-elating to any matter under its control, or within its juiisdiction, for the year ending on the thirty-first day of December preceding their appointment. LXXI. The Auditors shall prepare an abstract of the receipts, expenditures, and liabilities of the Corporation; and also a detailed statement of the said particulars in such form as the Council directs, and report in duplicate on all accounts audited by them ; and shall file the same in the office of the Clerk of the Council within one month after their appointment. LXXII. The Clerk shall print and publish the Auditor's abstract, and shall also publish the detailed statement in such fonn as the Council directs. ( 20 LXXIII. The Council shall wettle the reinuiieration to bo given to the officers of the Council and shall provide for the payment of the same. LXXIV. The Mayor and other njenibers of the Council, and the subordinate officers of the City, may make declara- tion of office and iiualification before any Justice of the Piace having jurisdiction in the City of Winnipeg, or before the Clerk of the Council. LXXV. The jurisdiction of the Council shall be confined to the City of Winnipeg, except where authority beyond the same is exj ressly given, and the p(.wers of the Council shall be exercised by By-law when not otherwise authorized or provided for. LXXVI. The Council may make regulations not specially provided for by this Act, and not contrary to law, for gov- erning the proceedings of the Council, thti conduct of its members, and the appointing or calling of special meet, i of the Council ; and generally, such other regulations as i e good of the inhabitants of the City requires ; and may repeal, alter and amend its By-laws, save as by this Act restriited. LXXVII. Every By-law shall be under the seal of the Corporation, and shall be signed by the Mayor, or by the pei-son [^residing at the meeting at which the By-law has been passed, and by the Clerk of the Corporation. LXXVII I. In case a By-law requii*es the assent of the electors of a nmnicipality before the iinal passing thereof, the following proceedings shall be taken for ascertaining such assent, except in cases otherwise provided for : (1.) The Council shall by the By-law fix the day, hour and place for taking the votes of the electors thereon at the Elace at which the election of the members of the Council is eld ; and shall also name a Returning Officer to lake the votes at such place, and su«'h day shall not be less than three nor more than four weeks after the first publication of the proposed By-law as herein provided for. . /. (2.) The Council shall, for at least one month before the final passing of the proposed By-law, publish a copy thereof in some newspaper pt^blished weekly or oftener in the City. (3.) Appended to each copy so piihlij,!.ed Bhall be a notice signed by the Clerk of the Council, stating that such copy is a true copy of a proposed By-law which will be taken into consideration by the Council after one month from the first publication in the newHj)aper, stating the date of the first publication, and naming the hour, day and place or places fixed for taking the votes of the electors. • " (4.) At such day and hour a poll shall be taken, and all proceedings thereat and for the punjose thereof, shall he conducted in the same manner as nearly as may be as at an election. (5.) The Returning Officers shall on the day after the chas- ing of the poll, return their poll-books verified to the Clerk of the Council. (G.) The Clerk of the Council shall add up the number of votes for and against the same, and shall certify to the Council, under his hand, whether the majority have approve ^ 27 other immorality and indecency, in streets, highways, or public places ; (5.) For suppressing tippling-houses and houses of ill- fame ; (6.) For preventing or regulating horse-racing ; (7.) For preventing or regulating and licensing exhibi- tions held or kept for hire or profit ; (8.) For suppressing gambling houses, and for seizing and destroying faro-banks, rouge-et-noir, roulet tables, and other devices for gambling ; (9.) For restraining and punishing vagrants, mendicants, and persons found drunk or disorderly in any street, high- way, or public place ; (10.) For preventing indecent exposure of the person and other indecent exhibitions ; ,,1 «. ; ■• • '• '' '• ■ ■ . ■■• ■. ■■■' .'>\^\* J (11.) For preventing or regulating the bathing or washing the person in any public place near a public highway. XCVII. The Council may pass By-laws for the following purposes : 1 I ! tM:i - (1.) For regulating and governing Auctioneers and other persons selling or putting up for sale goods, wares, merchan- dise or effects by public auction ; and for fixing the sum to be paid over and above the Provincial duty for every such license ; . _ ,' ii ' (2.) For licensing, regulating, and governing hawkers or petty chapmen, and other persons carrying on petty trades, who have not become householders or permanent residents 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 other- wise, carrying goods, wares or merchandise for sale, and for fixing the sum to be paid for a license for exercising such calling within the City ; (3.) For regulating ferries between any two places in the City; and establishing the rates of fei-riage to be taken thereon ; 28 (4.) For regulating the encumbering, injuring or fouling by animals, vehicles, vessels or other means, of any public wharf, sewer, shore, river or water ; (5.) For establishing, protecting and regulating public wells, reservoirs, and other conveniences for the supply of water, and for making reasonable charges for the use there- of; and for preventing the wasting and fouling of public water. MARKETS. !, • i ■ 1. 1 XCVIII. The Council may pass By-laws : (1.) For establishing markets, and for regulating the same ; (2.) For regulating the sale by retail in the public streets of any meat, vegetables, fruit or beverages ; (3.) For regulating the buying and selling of articles or animals exposed for sale or market in the open air ; (4.) For regulating the place and manner of selling and weighing butcher's meat, fish, hay, straw, fodder, wood and lumber ; (5.) For preventing the forestalling, regrating, or monopoly of market grains, meats, fish, fruits, roots and vegetables ; (6.) For preventing and regulating the purchase of such things by hucksters or runners living within the City ; (7.) For regulating the mode of measuring or weighing (as the case may be) of lime, shingles, laths, cordwood, coal and other fiiel ; (8.) For imposing • penalties for light weight, or short count, or short measurement in anything marketed ; (9.) For regulating all vehicles, vessels and other things within t^ City in which anything is exposed for sale, or marketet ■ any stre or public place, and for imposing a reasonable auty thereon, and establishing the mode in which it shall be paid ; .-"' (10.) 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 con- trary to the By-law ; ^ »T" short lings le, or |ng a rhich iting for con- 21^ (11.) For seizing and destroying all tainted and unwhole- some meat, poultry, fish, or otner articles of food ; i ; . (12.) For selling, after six hours* notice, butcher's meat distrained for rent of market stalls ; (13.) For preventinj^ or regulating the bathing or washing the person in any public water in or near the City ; (14.) For preventing and abating public nuisances ; (15.) For preventing or regulating the construction of privy vaults ; (16.) For causing vacant lots to be properly enclosed; (17.) For preventing or regulating the erection or continu- ance of slaughter houses, tanneries, breweries, distilleries, or other manufactures or trades which may prove to be nuis- ances ; (18.) For preventing the ringing of bells, blowing of horns, shouting and other unusual noises, in streets and public places ; (19.) For preventing or regulating the firing of guns, or other firearms ; and the firing or setting off of fireballs, squibs, crackers or fire-works, and for preventing charivaries and other like disturbances of the peace ; (20.) For preventing immoderate driving in highways or streets ; for preventing the leading, riding or driving of horses or cattle upon sidewalks or other places not proper therefor ; (21.) For providing for the health of the City and against the spreading of contagious or infectious diseases ; (22.) For regulating the interment of the dead, and for preventing the same taking place within the City ; . (23.) For regulating and licensing the owners of livery stables, and of horses, cabs, carriages, omnibusses and other vehicles used for hire ; for establishing the rates of fare to be taken by the owners or drivers, and for enforcing payment thereof; (24).) For regulating the keeping and transpoHing of gun- powder and other combustible or dangerou.s materials : for ■y^ 80 ^ regulating, and providing for the support by fees, of maga- zines for storing gunpowder belonging to private parties ; for compelling persons to store therein ; for acquiring land as well within as without the City, for the purpose of erecting powder magazines, and for selling and conveying such land when no longer required therefor ; (25.) For appointing fire wardens, fire engineei*s and fire- men, and promoting, establishing and regulating fire com- panies, hook and ladder companies, and property saving companies ; (26.) For preventing or regulating the carrying on of man- ufactories or trades, dangerous in causing or promoting fires ; (27.) For preventing, and for removing or regulating the construction of any chimney, flue, fire-place, stove, oven, boiler or other apparatus or thing which may be dangerous in causing or promoting fire ; (28.) For regulating the construction of chimneys as to dimensions and otherwise ; and for enforcing the proper clean- ing of the same ; (29.) For reeal to the said City Council at the first meeting which shall be held after the expiration of the month above mentioned ; and the said Council, after having heard the parties and their witnesses under oath, which shall be administered by the Mayor or [»re- sidin'Z Alderman, shall confirm or alter the valuation the change whereof shall have been ])rayed for, as to them shall seem just ; and at the same meeting the said Assessment Roll shall be declared closed, unless, however, from the number of apf)eals the Council shall be compelled to adjourn, in which case the said Assessment Roll shall not be declared closed until all the appeals shall have been heard and determined : Provided always, that if, after the said Assessment Roll shall have been declared closed as aforesaid, any property in the said City should suffer any considerable diminution in value, either through fire, demolition, accident, or any other reason- able cause, it shall be lawful for the said Council, upon the petition of the proprietor, to instruct the Assessors to reduce their valuation of such property to its true actual value : and provided also, that if any omission shall have been made in the said Assessment Roll, the said Ct)uncil may order the Assessors to value any property as admitted in order to its being added to the Roll. (1.) An appeal shall lie against any decision of tl\e Coun- cil in objections to the Assessment Roll by any persons con- sidering him or themselves aggrieved, even after the said Assessment Roll shall have been declared closed, to the Court of Queen's Bench or to any one Judge thereof ; and such appeal shall be heard and determined in Term or in Chambei*s, in a summary manner, and all proceedings on so much of the Assessment Roll as shall be appealed fr<3m, shall be stayed till judgment shall be pronounced, and for ten days next thereafter. .1 i. . f .*. ; CXII. All land and j^ersonal property in the City of Win- nipeg shall be liable to taxation, subject to the following exemptions, that is to say : — ., . ., . , , * € X \"' • ■^^ Excmptioni*. (1.) All property vested in or held by Her Majesty, or vested in any public body or body corporate, officer or person in trust for Her Majesty, or for the ))ublic uses of the Province ; and also all proi)erty vested in or held by Her Majesty, or any other person or body corporate, in trust for or for the use of any tiibe or body of Indians, and either unoccupied, or occupied by some person in an official capa- city. (2.) When any property mentioned in the preceding clause number one, is occupied by any person otherwise than in an official cajjacity, the occujjant shall be assessed in respect thereof, but the ])roperty itself shall not be liable. (3.) Every place of worship, and land used in connection therewith, church yard or burying ground. (4.) The buildings nnd grounds of and attached to every University, College, incorporated Grammar School, or other incorj)orated Seminary of learning, whether vested in a trustee or otherwise, so long as such buildings and grounds are actually used and occupied by such institution, or if unoccupied, but not if otherwise occupied. (5.) Every Public School House, Court House, Gaol, House of Correction, Lock-up House and Public Hospital with the land attach(id thereto, and the personal property belonging tf) each of them. (6.) The Provincial Penitentiary and the land attac}.ed thereto. (7.) Every Poor House, Alms House, Orphan Asylum, House of Industry and Lunatic Asylum, and every house belonging to a company for the reformation of offenders, and the real and personal property belonging to or connected with the same, (8.) The property of every Public Library, Mechanics' Institute and other public literary or scientific institution, and of every Agricultural or Horticultural Society, if actually occupied by such society. (9.) The official income of the Lieutenant-Governor of the Province. ■•^ «i /^ 36 (10.) All pensions of two hundred dollars a year and under payable out of the public moneys of the Dominion of Canada, or of the Province. (11.) So much of the personal property of any person as is invested in mortgage upon land or is due to him on account of the sale of land, the fee or freehold of which is vested in him or is invested in the debentures of the Province, or of any municipal corporation thereof, and such debentures. (12.) The Stock held by any person in any Raihoad (.V)mpany. (13.) All property, real or personal, which is owned out of t^e City. (14.) So much of the personal property of any person as is equal to the just debts owed by him on account of such Ijropei'ty, except such debts as are secured by mortgage upon his real estate, ^^r may be unpaid on accouut of the purchase money theretor. (15.) The net personal property of any person the same does not exceed four hundred dollars. Provided (16.) The annual income of any person : Provided the same does not exceed four hundred dollars. (17.) The stipend or salary of any minister of religion, and the parsonage or dwelling house occupied by him, with the lands thereto attached. (18.) Rental or other income derived from real estate, except interest or mortgages, (19.) Household effects of whatever kind, books and Wearing apparel. CXIII. Every tax or assessment imposed by virtue of this Act, upon any property or house in the said City, may be recov- ered either from the propri-^tor, tenant, or occupant of such pi*operty or house ; and if such tenant or occupier be not bound by lease or other stipulation, to pay such tax or assessment, such tenant or occupier may, and shall be entitled to deduct the sum so paid by him out of the rent which he would have to pay for the possession of such property. N /' 37 CXIV. The rate shall be calculated at so much in the dollar upon the actual value of all real and personal property liable to assessment in the said City. (1.) In assessing vacant ground or gi'ound used a as farm, garden, or nui*sery, and not in immediate demand for building purposes, the value of such vacant or other ground shall be that at which sale * of it can be freely made, and where as sales can be reasonably expected during the current year, the Assessors shall value such land as though it was held for farming or gardening purposes, with such per centage added thereto as the situation of the land may reasonably call for ; and such vacant land, though surveyed into building lots, if unsold as such, may be entered on the Assessment Roll as so many acres of the original block or lot, describing the same by the description of the block, or by the number of the lot, as the case may be : Provided, that in such case the number and description of each lot comprising each such block shall be inserted on the Assessment Roll ; and each lot siiall be liable for a proportionate share as to value and the amount of the taxes, if the property is sold for ar- rears of taxes. 1 (2.) When ground is not held for the purposes of sale, but bona Jide inclosed and used in connection with a residence or building as a paddock, park, lawn, garden or pleasure ground, it shall be assessed therewith, at a valuation, which, at six per centum, would yield a sum equal to the annual rental, which, in the judgment of the Assessors, it is fairly and reasonably worth for the pu7 poses for which it is used, reference being always had to its position and Lcial advan- tages. d t, it CXV. The Council shall every year make estimates of all sums which may be required for the lawful purposes of the City for the year in which such sums are required to be levied, making due allowance for the cost of collection, and for the abatements and losses which may occur in the collection of the tax. , ., CXVI. The Council miiy pass one or more By-laws authorizing the levying and collecting of a rate or rates of so much in the dollar upon the assessed value of the property therein as the Council may deem sufficient to raise the sums required on such estimates ; but the rate or rates levied in each year shall not exceed one cent in the dollar on the assessed value of the property therein. ^ r- -:? mi ».. •«5; ^ 38 CXVII. The Assessors shall prejjare an Assessment Roll, in which, after diligent enquiry, they shall set down, accord- ing to the best infomiation to be had ; (^.) The names and surnames in lull, if the saane can be ascti ained, of all taxable i)ersons resident in the City who have taxable property therein. (2.) All property, the names of the ownei's of which shall not be ascertained by the Assessor or Assessors, shall be en- tered in the Assessment Roll as absentee property, and may be rated at the same rate as other property within the City, and the amount so rated shall be a first charge and lien on such property respectively. •• (3.) The description and extent or amount of property as- sessed against each. GXVIII. Lands occupied by the owner shall be assessed in his or her name. CXIX. As to land not occupied by the owner, but of which theiowner is known, and who, at the time of the assessment being made, resides, or has a legal domicile or place of busi- ness in the City, or who has signified personally, or by writ- ing to the Assessor, that he owns the land and desires to be assessed therefor, the same shall be assessed against such owner alone if the land is unoccupied, or against the owner and occupant if such occupant be any other person than the owner. CXX. It shall be the duty of every person asc«^ssable in the City, to give all nece^^^ary information to the Assessors, and if required by one or more of the Assessors he shall de- liver to him or them a statement in writing, signed by such person (or by his ^^gent if the p'^^son himself be absent,) con- taining all the particulars respecting the property assessable against such person which are required in the Assessment Roll. CXXI. In case any person fails to deliver to the Asses- sor, or Assessors, the written statement mentioned in the preceding section when required so to do, such person shall Forfeit to the Corporation the aum of twenty dollars^ to bo recovered as a debt due to siicii Corporation. /" 39 CXXII. No person in Her Majesty's naval or militaiy service on full pay, or on actual service, shall be liable to perform statute labor or t coirmute therefor. CXXIII. Every other male inhabitant of the City of the age of twenty-one years and upwards, who has not been as- sessed upon the Assessment Roll of the City, or whose taxes do not amount to two dollars, shall be taxed at two dollai*s yearly, and collected in the same manner as other taxes. , CXXIV. The Clerk of the City shall make out Collector's Roll for the City, on which lie shall set down the name of every person assessed, the assessed value of his real and per- sonal property, and tlie amount with which the party is chargeable in respect of sums ordered to be levied by the Council, and any other particulars that may be necessary. CXXy The Collector, upon receiving his Collector's Roll, shall r<> 1 to collect tlie taxes therein mentioned. CXXVI. He shall call at least once on the person taxed, or at the place of his usual residence, if within the City, and shall demand payment of the taxes payable by such person, or leave a notice demanding the same. CXXVII. If any person whose name appears on the roll be not resident within the City, the Collector shall transuiit to him by post at his last known residence, a statement and demand for the taxes charged against him in the roll. Hv n^lPRETATION CLAUSE. CXXVIII. Unless otherwise declared or indicated by the context, wherever any of the following words occur in this Act, the meanings hereinaiter expressed attach to the same namely : (1.) The word " Council " means the Council of the City of Winnipeg. (2.) The words " land," " lands," " real estate," " real pro- perty," respectively include lands, tenements and heredita- ments, and all rights thereto and interests therein. (3.) The words " highway," " road," or " bridge," mean respectively a public highway, road or bridge. '^ 40 (4.) The word " electors" means the persons entitled for the time being to vote at the municipal elections in the City. (5.) The term " property" includes both real and personal property. (6.) The tenns " personal estate" and " personal property" include all goods, chattels, shares in incorporated companies, at their full value, and all other pr()i)erty except real estate and real property as above delined. . CXXIX. This Act shall be deemed a Public Act. ^\ True Copy. MOLYNEUX St. JOHN, Clerk Legislative Assembly.