^r<^% IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 ki£|28 mm M 12.0 lli 1.8 U 111.6 V] oz /J 7 ^> .'^1'^''' > ^ ^-^ ^ '// y Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 :17 r\ \\ V CIHM/ICMH Microfiche Series. CIHM/iCMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques \ i^ Technical and Bibliographic Notas/Notas tachniquas at bibliographiquaa Tha Instituta has attamptad to obtain tha bast original copy availabia for filming. Faaturas of this copy which may ba bibliographirally uniqua. which may altar any of tha imagaa In tha reproduction, or which may significantly change tha usual method of filming, are checked below. 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PRINTED BY AUTHORITY. , GIDEON BOURDEAU, QUEEN'S PRINTER. ^ * * i ' ) 'J .^A0^if^.' lumt^ifiifimmmmiiimimmiiiiimmmi tl JIPR 3^ 1901 D.ofD« i /^ry CAP. 11. ^p^ties**' *'"^''*^ ^*^ ""^^^^ ^^^ ^""^^ T^lfitmg to Munici- [Amnted to 'J9tk April, I884.] TTER Majesty, by and with the advice and consent of foiioWs- Legislative Assembly of Majiitoba. enacts as COUNTIES. A'a'^- ,^''°^"«,? ""^ Manitoba shall remain as at present divided into counties as follows : ^ is^w?^^^'^?''*^''^ ^'^^ar shall comprise townships 13 toUsgar. 18. both inclusive, ranges 1 to 8 east, both inclusive, whole or tractional, except fractional township 18, range 4 east and tlie parishes of St. Andrew's, St. Clement's, and St. Peter's' together with the Indian Reserves of St. Peter's and of the i>rokenhead River, and townships 19 and 20, ranges 7 and 8, east, Wional. on the east side of Lake Winnipegf and the Towns of Selkirk and East Selkirk. (2.) The County of Gimli shall comprise fractional town-oiaii. * ? 1 !;^ge> east and all the territory on the west side ot Lake Winnipeg, north of township 18, and east of the '^rst principal meridian. (3.) The County of Plessis shall comprise all the remaining pie.«u portions of the Province north of the fourth base line andeaS ? ,^»^e Winnipeg, not included in any other county : and the Indian Reserves within these boundaries. •It*-^ T?® County of Varennes shall comprise all the territory Varennw. withm the Province, between the International boundary and the County of Plessis, or the fourth base line, east of the Counties of Manchester, CariUon, Loretteand Selkirk, includ- mg the Town of Rat Portage. (5.) The County of Manchester shall comprise the territory Manchester, described as follows :— Townships 1, 2 and 3, ranges 1 and 2 west ; and townships 1, 2 and 3 from and including range l' east to the Lake of the Woods, within the Province; with the settlement belt in the parish of Ste. Agathe, between the inter- national boundary and lot No. 297 on the west side of the Red Kiver, and lot No. 240 on the east side of f.bA Ro The County of Marquette, (No. 11,) and the County of * aiiiord, (No. 12,) shall be united for the purposes herein men- tioned, and shall be known as the " United Counties of Mar- quette and Fairford." (A;.) The County of Dufferin, (No. 13,) (I.) The County of Portage la Prairie. (No. 14.) (m) The County of Norfolk, (No. 15.) (n) The County of Rock Lake, (No. 16.) (o) The County of Westbourne, (No. 17.) . (p) The County of Beautiful Plains, (No. 18.) (q) The Counties of Siding Mountain (No. 19), and Minne- dosa (No. 20) shall be united for the purposes hereinafter meation6d, and shall be known as the " United Counties of Minnedosa and Riding Mountain." (r) The County of Brandon, (No. 21.) I Cap. 11. Turtle Moun- tain. Sourta River. Denais. 1884. COUNTIES. («) The County of Turtle Mountain, (No. 22.) (t) The County of Souris River, (No. 23.) (u) The County of Dennis, (No. 24.) ^J'^^ ,The Counties of Shoal Lake (No. 25), and Russell (No. 8ho»i Lake 26) shall be united for the purposes herein specified, and ""'' **"'^"' shall be known as the " United Counties of Shoal Lake and Russell. A ?• T^fiT"*^ *""? ""T ®,*^ °^ ^y counties I- ited under this Senior and Act shall be considered the senior; the one secondly named ;?.''"*'l'J the junior, and the third, where there are three, the second "*' junior of such united counties. 4. For each county or union of counties as created by thisReri,try oiflce Actj^ there shall be established by the Lieutenant-Governor- cofrt"""*^ m^^ouncil, or continued (as the case may be), one Registry Office and one County Court at such places in such county &b the Lieutenant-Governor-in-Council shall deem most satisfac- tory for the public convenience; provided that the Lieutenant- Govemor-in-Council, if he shall deem it expedient, may estab- lish a registry office exclusively, or continue one already established in and for any incorporated town or city, provided STrfeated'" however that in the united counties of Lisgar, Plessis and ***'"''• *"• Gimli, the Lieutenant-Govemor-in-Council may cause to be continued two registry offices therefor, and may alter and change the limits as at presen -< m such manner as he may deem expedient. 5. During the union of r counties (except as to repress Legislative Assembly) shall appij formed but one county. "ws applicable toj^ws appiica- 'arliament or the "" *° ""*°"- ion as if the same 6. So soon as dny iunior county, where there is but one, or Separa junior counties together, where there are two, shall contain atti^^** least five hundred resident ratepayers according to the last revised assessment rolls of the municipalities therein, and on a petition signed by at least two hundred resident ratepayers of said junior county or counties affirming the expediency of ■ said united counties beirl purposes as follows:- ^"^rjl^^^' .\.if^''' ^'^ ^"^ ^^l S'r'' J^ the Municipality of St. Andrews, st. Andrew.. shall comprise all that pori;ion of the (founty of Lisgar from the Red River up to and including the east half of ranee 3 east; townships 13 to 18, except fractional township 18, range 4 east, both inclusive, whole or fractional, with those portions lU)t^ff''l^ St. Peters, St. Andrews a«d St. cfements Se &t§efkTrr" '^"^ ""* ^' ''^ ^'' ^^^^^' ^^^P^ (No. 2.) To be known as the Municipality of St. Clements St. element's. Sf iTpP"'' f ^^^P^'^tions of the dounty of Lisgar, from the Red River to the Ime between ranges 8 and 9, east,, on the 12 Cap. 11. MUNICIPALITIES. 47 Vic. Selkirk. Plessis. Rockwood. Gimll. Varennes. Varennen. Rat Portage. Manchester. Franklin. Montcalm. east, in townships 13 to 18, both inclmsive, whole or fractional, with those portions of the parishes of St. Peters, St. Andrews and St. Clements, and the Indian Reserve lying east of tha Red River, and townships 19 and 20, ranges* 7 and 8, east, fractional, east of Lake Winnipeg, except the Town of East Selkirk. (No. 3.) The Town of Selkirk as Incorporated. (No. 4.) The Town of East Selkirk as incorporated. (No. 0.) To be known as the Municipality &f Plessis, shall comprise the County of Plessis as described herein. (No. 6.) To be known as the Mimicipality of Rockwood, shall comprise townships 13 to 18 both inclusive, ranges 1 and 2, east, and the west halves of the same townships in range 3, east. (No. 7.) To be known as the Municipality of (iimli, shall comprise fractional township 18, range 4, east, and all the ter- ritory on the west side of Lake Winnipeg, north of township 18 and east of the principal^ meridian. MUNICIPALITIES OF THE COUNTY OF VABENNES. 19. The County of Varennes shall remain divided into mun- icipalities as follows : — (No. i.) The Municipality of Varennes shall be identical with the County of Varennes, except the Town of Rat Portage as incorporated. (No. 2.) The Town of Rat Portage as incorporated. MUNICIPALITIES OF THE COUNTY OF WLANCHESTER. 20. The C ounty of Manchester shall remain divided into Municipalities as follows : — (No. 1.) To be known as the Municipality of Franklin, shall comprise townships 1, 2 and 3, ranges 3 to 13, east, both in- clusive, whole or fractional, with that part of the Parish of Ste. Agathe, east of the Red River, as far north as and includ- ing lot No. 240 Dominion Land Survey ; and that part of range 2 south of the north line of township 3, east of the Red River, except the City of Emerson as incorporated. (No. 2.) To be known as the Municipality of Montcalm, shall comprise townships 1, 2 and 3, whole or fractional, in range 1, east ; and townships 1 and 2, fractional, in range 2, east, lying west of the Red River ; and that por*!on of the 1884. MUNICIPALITIES. Cap. 11. IB Settlement Belt of the Parish of Ste. Agathe lying west of the Red River from the international Boundary liSe to lot 297 inclusive, except the City of Emerson as incorporated. (No. 3.) To be known as the Municipality or Douglas, shall Dougir^ comprise townships 1, 2 and 3, ranges 1 and 2, west ""'"^ ""'*'''• (No. 4.; The City of Emerson as incorporated. Kmerson. MUNICIPALITIES OF THE COUNTY OF CARILLON. ^^.'"l^.^o^^Jy of Carillon shall remain divided intoCarUion. municipalities as follows : — (No. 1.) To be known as the Municipality of La Broquerie LaBroquerie. shall comprise townships 4, 6, and 6. range 7. included/to the eastern limit of the county. (No. 2.) To be known as the Municipality of Hanover, shall Hanover. 1ST iT^'^'P' \^' ^^ ^ ^ ^^S^ ^' «^t' and town- ships 5 and 6 m range 5, east. .i.ln ''■ ^'^ ^° ^^ ^''^'' ^ *^® Municipality of De Salaberry, DeSaiaberry. shall comprise township 4 in range 5, east ; and townships 4 and b, whole or fractional, in ranges 3 and 4, east. MUNICIPALITIES OF THE COUNTY OF MORRIS. • ^?.\!^^^ ^i'Y,''*y of Morris shall remain divided into muni-Morrta cipahties as follows :— °'"^' «o^^°- "^"Iw ^ ^"""^^ f *^® Municipality of Morris, shall Morri.. comprise that portion of the County of Moiis lying west of the Red River, except the Town of Morris. no ^^°' ^iul ^ k,?own as the Municipality of YouviUe, shall vouviUe SeTRiltr "" the County of Morris lying ea^t of (No. 3.) The Town of Morris as incorporated. Town of Morris, MUNICIPALITIES OF THE COUNTY OF LORETTE. . ^.•, .^^® County of Lorette shall remain divided into muni- i^ret'e- cipalities as follows : — (No. 1.) To be known as the Municipality of Tache, shall ^oche. comprise the Parish of Lorette and townships 8 and 9, ranees 4 and 5, g^st, wkQh or fractional, ® !?#" 14 St. Aon«, Cap. 11. MUNICIPALITIES. 47 Vic. Hespeler. DlbervUle Mftodonald. Wards. Car tier. St. Norbert. (No. 2.) To be known as the Municipality of St. Anne, shall comprise the Parish of St. Anne with townships 8 and 9 'n ranges 6 to 13, both inclusive, but not including any portion of the Parish of Lorette and township 7, ranges 7 to 13, east both inclusive ; and the south east quarter of township 7, range 6 east. (No. 3.; To be known as the Municipality of Hespeler, shall comprise township 7 in ranffes 4, 5 and 6, east, except the south east quarter of township 7 in range 6, east. MUNICIPALITIES OF THE COUNTY OF D'iBERVILLE. 24. The County of D'Iberville shall remain divided into municipalities as follows : — (No. 1.) To be known as the Municipality of Macdonald, shall comprise townships 7, 8 and 9, range 1, east ; and town- ships 7, 8 and 9, range 2, east, whole or fractional ; and such fractional portions of townships 7, 8 and 9, as are in range 3, east, on the west side of the Red River ; and the said munici- pality shall be divided into' 6 wards : Ward No. 1 shall be comprised of township 9, range 1, east ; Ward 2, of township 8, range 1, east ; Ward No. 3, of fractional township 7, range 1, east ; Ward No. 4, of township 9, range 2, east ; Ward No. 5, of township 8, range 2, east ; Ward No. 6 of township 7, range 2, east. (No. 2.) To be known &a the Municipality of Cartier, shall comprise the Red River Belt, including the outer two miles on the west side of the Red River, north of and including lot number 629 of the Parish of Ste, Agathe to the northern limit of the Parish of St. Vital on the west side of the Red River within the county. (No. 3.) To be known as the Municipality of St. Norbert, shall comprise such fractional portions of townships 7, 8 and 9 as are in range 3, east, fractional lying on the east side of the Red River, with that portion of the settlement belc, north of and including lot No. 532 of the Parish of Ste. Agathe to the northern limit of the Parish of St. Vital, within the county on the cast side of the Red River. MUNICIPALITIES OF THE COUNTY OF SELKIBK. Selkirk. 25. The County of Selkirk shall remain divided into municipalities as follows : — springqeid. (No. 1.) To be known as the Municipality of Springfield, shall comprise townships 11 and 12, waole or fractional, range 1884. MUNICIPALITIES. Cap. 11. 16 ^'aTV'^*''?**'^*^' ^""^ townships 10, 11 and 12, ranges 5 to 10, both inclusive ; east of the first principal meridiMi. (No. 2.) To be known as the Municipality of St. Bonif a<;e, at Bonifwe. shaJl compnse that portion of the Parish of St. Boniface lying east of the Red River, with township 10, range 4 east, frac- tional, except the Town of St. Boniface aa incorporated. (No. 3.) The Town of St. Boniface as incorporated. Town of st. Boniface. .hiu"":^'^ '^'^ be known as the Municipality of Assiniboia, Assiniboia. shall compns^ the Parishes of Headingly, St. Charles St James, not including any portion within the limits of the City of Winnipeg, and that portion of the Parish of St. Bonifa<;e lying west of the Red River, not included within the limits of the Oity of Winnipeg ; and townships 10 and 11, ranges 1 and 2, east tractional ; and said Municipality of Assiniboil shall be divided into wards (for each of which there shall be one council- or), as follows :-Ward No, 1 : That portion of the Parish of Meadingly south of the Assmiboine River, including fractional ^»"*''- township 10, range 1, east. Ward No. 2 : That portion of the Parish of St. Charles south of the Assiniboine River, including fractional township 10, range 2, east; Ward No. 3 : That portion of the Parish of St. James not included within limits of the City of Winnipeg. Ward No. 4 : That portion of the Parish of St. Charles north of the Asshuboine River. Ward No. 5 : That portion of the Parish of Headingly north of the Assmiboine River. Ward No. 6: Fractional township Ihi^^^! ^ Ti?-' ^^^' ^^^^P*^ *^^<^ portion within the limite P«r^I f^Sf ^'"^^JP"^-, Ward No. 7: That portion of the Parish of St. Boniface lying west of the Red River not included withm the limits of the City of Winnipeg. ^hiuV'^ To be known as the Municipality of Kildonan, KUdonan. shall comprise that portion of the Parish of St. John lying on the east side of the Red River, and the Parish of Kildonan except that portion thereof included within the limits of the Oity 01 Winnipeg. (No. 6.) To be known as the Municipality of St Paul shall a* » , comprise the Parish of St. Paul, with tSwns^hip 12%anS8 1 2 and 3, eaat, whole or fractional. t > 6 » (No. 7.) The City of Winnipeg as incorporated. Winnipeg, MTTWTPTPAT.TTTWS r\v< rrxT-i? /^/^TT»Tm■»r ^tt. ■... ~~ _ ,,,^ ■L.v'vi-iii ui JaAliQuiiiTii;. ^?- .'^'^^^..^^""ty of Marquette shall remain divided into Marauette municipalities as follows : """Marquette. '51! I fill Belcourt. ii '' < Cap. 11. MUNICIPALITIES. 47 Vic. (No. 1.) To be known as the Municipality of Belcourt, shall comprise townships 7, 8, 9, 10, 11 and 12, whole or fractional, ranges 3 and 4 west, both inclusive, together with the Parish of Bale St. Paul. Pt. Francois Xavler. WardB. Woodlands. St. Laurent. (No. 2.) To be known as the Municipality of St. Francois Xavier, shall comprise townships 7,8, 9, 10, 11 and 12, whole or fractional, ranges 1 and 2 west, both inclusive, and the Parishes of St. Francois Xaider, east and west ; and the Muni- cipality of St. Francois Xavier shall be divided into wards (each ward to elect one councillor) as follows : Ward No. 1 : To be composed of parish lots numbers 1 to 47, both inclusive, according to the Dominion Government Survey * of the Parish of St. Francois Xavier, together with all fractional town- ship 10, range 1 west. Ward No. 2 : To be composed of parish lots numbers 48 to 112, both inclusive, together with all of the fractional townships 10 and 11, range 2, west. Ward No. 3 : To be composed of parish lots numbers 113 to 153, both inclusive, together with sections 8, 17, 18, 19, 20, 29, 30, 31 and 32, and fractional sections 5 and 7 in township 12, range 1, west ; and all fractional township 12, range 2, west. Ward No. 4: To be composed of parish lots numbers 154 to 192, both inclusive, together with sections 3, 9, 10, 15, 16, 21, 22, 27, 28, 33 and 34, and fractional section 4, in town- ship 12, range 1, west ; and fractional sections 27, 33 and 34, in township 11, range 1, west. Ward No. 5 : To be com- posed of parish lots numbisrs 193 to 227, both inclusive, together with sections 24, 25, 35 and 36, and fractional sec- tions 13, 23 and 26, in township 11, range 1, west; and sec- tions 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36, in tov/nship 12, range 1, west. Ward No. 6 : To be composed of the whole of townships 7, 8 «yid 9, in ranges 1 and 2, west. (No. 3.) To be known as the Municipality of Woodlands, shall comprise townships 13, l4 and 15, whole or fractional ranges 1, 2, 3 and 4, west ; and townships 16 and 17, whole or fractional, ranges 1 and 2, west, lying east of Shoal Lake, but not including any portion of the Parishes of Baie St, Paul and Poplar Point. (No. 4.) To be known as the Municipality of St. Laurent, shall comprise townships 16 and 17, whole or fractional, ranges 2, 3 and 4, west, lying west of Shoal Lake, and fractional township 17, range 6, west; and the settlements of St. Laurent and Oak Point. POtUlU. (No. 5.) To be kn"*wn as the Municipality of Posen, aliaii comprise townships 18, 19 and 20, whole or fractional, in ranges 1, 2, 3, 4, 5, 6 and 7, west. 1884. MUNICIPALITIES. Cap. 11. 17 MUNICIPALITY OF THE COUNTY OF FAIRFORD. follolin"^;,?^^^^^^^^ regain composed of theK..oM. The Municipality of Fairford shall comprise all the tern- tory north of township 20, between the first principal mer- idian and Lakes Winnipegoosis and Manitoba within the Pro- vmce. MUNICIPALITIES OF THE COUNTY OF DUFFERIN. 28. The County of Duflferin shall remain divided intoDufferin. municipalities as follows : — (No. 1.) To be known as the Municipality of Rhineland RWoeiand. shall comprise townships 1, 2 and 3, ranges 3 and 4; and the east two miles of range 5, west. (No. 2.) To be known as the Municipality of South Dufferin South Dufferin shall comprise townships 1, 2 and 3, ranges 6, 7 and 8, and the west four miles of range 5, west, except the Town of Nelson. (No. 3.) To be known as the Municipality of Carieton, shall Cwieton. comprise townships 4, 5 and 6, ranges 6, 7 a«d 8, west, except the Town of Nelson. ^ (No. 4.) To be known as the Municipality of North Dufferin, NorthDujftrin shall comprise townships 4, 5 and 6, ranges 3, 4 and 5, west, except the Town of Nelson. (No. 5.) The Town of Nelson as incorporated. Nelson. ■"T MUNICIPALITIES OF THE COUNTY OF PORTAGE LA PRAIRIE. 29. The County of Portage la Prairie shall remain divided Portajge la into municipalities as follows : — Prairie. (No. 1.) To be known as the Municipality of Elm River, Elm River, shall consist of townships 7, 8 and 9, in ranges 6, 6, 7 and 8,' west. (No. 2.) The Town of Portage !a Prairie as incorporated. Town of Port- a«re la Prairie. (No. 3.) To be known as the Municipality of Portage laPortapeia Prairie, shall consist of the remaining portion of the County*^ ' of Portage la Pjairie. ^ % ','.n 18 i. ■' Norfolk. Cap. 11. MUNICIPALITIES. 47 Vie. MUNICIPALITIES OF THE COUNTY OF NORFOLK. 30. The County of Norfolk shall remain divided into municipalities as follows: — BonthNorfoik. (No. 1.) To be known as the Municipality of South Norfolk, shall comprise townships 7, 8 and 9, ranges 9 to 12, west, both inclusive. North Norfolk (No. 2.) To be known as the Municipality of North Norfolk, shall comprise townships 10, 11 and 12, ranges 9 to 12, west, both inclusive. Souti. Cypress. (No. 3.) To be known as the Municipality of South Cypress, shall comprise townships 7,8 and 9, ranges 13 to 16, west, both inclusive. North CypieiB (No. 4.) To be known as the Municipality of North Cypress, shall comprise townships 10, 11 and 12, ranges 13 to 16, west both inclusive. MUNICIPALITIES QF THE COUNTY OF ROCK LAKE. Rook Lake. 31. The County of Rock Lake shall remain divided into municipalities as follows : — (No. 1.) To be known as the Municipality of Louise, shall comprise townships 1, 2 and 3, ranges 9 to 12, west, both in- clusive, except the Town of Pilot Mound. (No. 2.) To be known as the Municipality of Derby, shall comprise townships 1, 2 and 3, ranges 13 to 16, west, both in- clusive, excepting the fractions of township 3 in ranges 13 and 14, north of Rock Lake and the Pembina River. (No. 3.) To be known as the Municipality of Argyle, shall comprise townships 4, 5 and 6, ranges 13 to 16, west, both in- clusive ; and those fractions of township 3 in ranges 13 and 14, north of Rock Lake and the Pembina River, (No. 4.) To be known as the Municipality of Lome, shall comprise townships 4, 5 and 6, ranges 9 to 12, west, both in- clusive. Laolse. Derby. Argyle. Lome. Pilot Mound. (No. 5.) The Town of Pilot Mound as incorporated. MUNICIPALITIES OF THE COUNTY OF WESTBOURNE. Wertboume. 32. The County of Westboume shall remain divided into Mvinicipalities as follows ;— . 1884. MUNICIPALITIES. CAP.ai. 19 (No. 1 ) The Municipality of Westboume, which shall com- w«rtbourae. prise and be identical with ihe County of Westboume. except the lown of Gladstone as incorporated. (No. 2.) Town of Gladstone as incorporated. Gladstone. * MUNICIPALITIES OF THE COUNTY OF BEAUTIFUL PLAINS. 33. The County of Beautiful Plains shall remain divided Be.utiftu into municipalities as follows : ^'**^ (No. 1.) To be known as the Municipality of Osprey shall ^v^r- comprise township 13, range 13 ; townships 13 and 14, range 14 ; and townships 13 and 14, east half of range 15, west. (No. 2.) To be known as the Municipality of Glendale shall o'endaie. comprise townships 13 and 14 in the west half of range 16 • and townships 13 and 14, range 16, west. ' (No. 3.) To be known as the Municipality of Lansdowne Lansdowne. shall comprise townships 15 to 44, both inclusive, ranges 13 and 14 ; and township 14, range 13, west. (No. 4.) To be known as the Municipality of Rosedale, shall Roedaie. comprise townships 15 to 44, both inclusive, in ranges 15 and 16, west. "^ (No. 5.) The Town of Neepawa as incorporated. MUNICIPALITY OF THE COUNTY OF RIDING MOUNTAIN. Neepawa. 34. The Municipality of Ridmg Mountain shall comprise Riding Moon, a^ at present, the County of Riding Mountain, namely, town- ***"• ships 19 to 44, both inclusive, ranges 17 to 22, west, both in- clusive. MUNICIPALITIES OF THE COUNTY OF MINNEDOSA. 36. The County of Misnedosa shall remain divided into Minnedoea. municipalities as follows : — (No. 1.) To be known as the Municipality of Odanah shall Odanah. comprise townships 13, 14 and 15, ranges 17 and 18, west. (No. 2.) To be known as the Municipality of Saskatchewan, Saskatchewan shall comprise townships 13, 14 and 15, ranges 19 and 2o' west. ' (No. 3.) To be known as the Municipality of Blanchard, BJ»noi»««L shall comprise townships 13, 14 and 15, ranges 21 and 22* west, ^ ' I! if 30 OluiwillUni. HarrlaoD. HtntthoUir. Minnedoaa. Rapid Citj. Brandon. Oakland. Glen wood. Whitehead. Comwallia. Elton. Dal7. Brandon. Turtle Moun tein. Turtle Moun tain. ucioroiQC. Cap. 11. MUNICIPALITIES. 47 Vic. (No. i.) To be known as the Municipality of Clanwilliam, shall comprise townships 16, 17 and 18, range.s 17 and 18, west. (No. 6.) To be known as the Municipality of Harrison, shall comprise townships 16, 17 and 18, ranges 19 and»20, west. (No. 6.) To be known as the Municipality of Strathclair, shall comprise townships 16, 17 and 18, ranges 21 and 22, west. (No. 7.) The Town of Minnedosa as incorporated. (No. 8.) The Town of Rapid City as incorporated. MUNICIPALITIES OF THE COTJNTY OF BRANDON. 36. The County of Brandon shall remain divided into municipalities as follows : (No. 1.) To be known as the Municipality of Oakland, shall comprise townships 7 and 8, ranges 17, 18 and 19, west. (No. 2.) To be known as the Municipality of Glenwood, shal! comprise townships 7 and 8, ranges 20, 21 and 22, west. (No. 3.) To be known as the Municipality of Whitehead, shall comprise townships 9 and 10, ranges 20, 21 and 22, west. (No. 4.) To be known as the Municipality of Comwallis shall comprise townships 9 and 10, ranges 17,18 and 19, west. (No. 5.) To bfc known as the Municipality of Elton, sheJl comprise townships 11 and 12, ranges 17, 18 and 19, west. (No. 6.) To be kn-wn as the Municipality of Daly, shall comprise townships 11 and 12, ranges 20, 21 and 22, west. (No. 7.) The City of Brandon as incorporated. MUNICIPALITIES OF THE COUNTY OF TURTLE MOUNTAIN. ■ 37. The County of Turtle Mountain shall remain divided into municipalities as follows : — (No. 1.) To be known as the Municipality of Turtle Moun- tain, shall comprise townships 1, 2 and S, riajiges 17, 18 and 19, west. (No. 2;) To be known as the Municipality of Deloraine, shall comprise townships 1, 2 and 3, ranges 20, 21, 22 and 23,' west. 1884. MUNICIPALITIES. Cap. 11. ^ »l,if?°" ^■- '?'° ^ ^"r" f *^^ Municipality of Whitewater. Whifwatar shal compns*} to^imships 4. 5 and 6. ranges 20, 21. 22 and 23 ^'^"'***'- W68u. ' I (No. 4.) To be known as the Municipality of Riverside «. ,. shall comprise townships*. 5 and 6. ranges^l?. 18 anT 19 ^'"'•'"'- WCSIfa f MUNICIPALITIES OP THE COUNTY OF SOUKIS RIVER. n,u'otiX-rLCr «-"■»" "-"^divided into«o.H.„,.„. (No. 1.) To be known as the Municipality of Medora, shall Medonu comprise townships 1, 2 and 3. raiiges 4 25 and 26. wek (No. 2.) To be known as the Municipality of Arthur shall Arthur, comprise townships 1. 2 and 3, ranges 2?. 28 and 29. west (No. 3.) To be known as the Municipality of Inchiquin ^-chiquin. sluu^l comprise townships 4, 6 and 6, ra^es 27, 28 and 29.' (No. 4.) To be known as the Municipality of Brenda shall B««»dit. comprise townships 4, o and 6, ranges 24, 26 and 26, west. MUNICIPALITIES OF THE COUNTY OF DENNIS. ciplLIstS^s :' ""'"^^ ^'*" ""^'^ ''^'^'^ *"*^ «--- ^--• nni^''- ^i ^"^ ^e knowii as the Municipality of Sifton, shall sifton. comprise townships 7. 8 and 9, ranges 23, 24 and 26, weit. (No. 2.) To be known as the Municipality of Pipestone Pipestone. shaJl comprise townships 7, 8 and 9. ranges 26 to 29 west both inclusive. ' ' (No. 3.) To be known as the Municipality of Wallace, shall w.uace. SSve ^'^^^'^ ^^* ^^ "^^ ^2. ranges 26 to 29, west, both JI"":^'^ To be known a^ the Municipality of Woodworth, Woodworth. we*t ^™® townships 10, 11 and 12, ranges 23, 24 and 26] MUNICIPALITIES OF THE UNITED COUNTIES OF SHOAL LAKE AND KU88ELL. r3 ^^"^i*ed Counties of Shoal Lake and Russell shaU shoai Lake remain divided into municipalities as follows : •""* Ruaarfi, m •rf '41 22 Cap. 11. MUNICIPALITIES. 47 Vic. Oak River. MlniotA. Archie. Bhoal Lake. Birtle. ElUoe. Rowburn. (No. 1.) To be known as the Municipality of Oak River, shall compritte townships 13, il and 15, ranges 23 and 24, west. (No. 2.) To be known as the Municipality of Miniota, shall comprise townships 13, 14 and 15, ranges 25, 26 and 1^7, west. (No. 3.) To be known as the Municipality of Archie, shall comprise townships 13, 14 and 15, ranges 28 and 29, west. (No. 4.) To be known as the Municipality of Shoal Lake, shall comprise townships 16, 17 and 18, ranges 23 and 24, west. (No. 5.) To be knowu as the Municipality of Birtle, shall comprise townships 16, 17 and 18, ranges 25, 26 and 27, wes.t, except the I'own of Birtle, as incorporated. (No. 6.) To be known as the Municipality of EUice, shall comprise townships 16, 17 and 18, ranges ^8 and 29, west. (No. 7.) To be knowi^ as the Municipality of Rossburn, shall com^ rise townships 19, 20 and 21, ranges 23, 24 and 25, west. silver Creek. (No. 8.) To be known as the Municipality of Silver Creek, shall comprise townships 19, 20 and -21, rajiges 26 and 27, west. Riuaell. Shell River. Boulton. Town of Birtle. Interpretation of terms. Council. (No. 9.) To be known as the Municipality of Russell, shall comprise townships 19, 20 and 21, ranges 28 and 29, west. (No. 10.) To be known as the Municipality of Shell River, shall comprise from townships 22 to 44, both inclusive, ranges 28 and 29, west. (No. 11.) To be known as the Municipality of Boulton, shall comprise the remaining portion of the county; namely, townships 23 to 44, both inclusive, ranges 23 to 27, both ".nclusive. (No. 12.) The Town of Birtle as incorporated. 41. Unless otherwise declai or indicated by the context wherever any of the following ords occur in this Act they shall have the meanings herein expressed, namely : — (1.) The term " Council" shall mean the Municipal Council rp.f prred t/> in the context: Municipauty. (2.) " Municipality " in addition to the meaning given to the term hereinafter, shall mean any locality the inhabitants 1884. INTERPRETATION OF TERMS. Cap. It. 23 of which are alreacly incorporated and are continued ' or which become incorporate*! under this Act, or under any otiier Act of this Legislature passed at the last SessHn or the present Session thereof. (3.) " County " or "Counties" shall mean the county, union Couatie* of counties or united counties referred to in the context, (as the case may be.) t (4.) "City" or "Town" shall mean an incorporated city or City and town, town. (5.) "Land," "Lands," "Real EsUte." "Real Property," shall i*nd.eto. respectively, include lands, tonemcnis and i.ereditaments and all rights thereto and interests therein, ' (6.) "Highway," "Road," or "Bridge," shall mean a public Highwar. .t* highway, road or bridge, respectively. (7.) "Electors" shall mean the pcsons entitled for the time Ki«oto«. being to vote at any municipal or legislative election, or in re- spect of any by-law in the municipdity. ward or polling sub- division (as the case may he). (8.) The words "next day" shall not apply to, or include Next day. bunday or Statutory Holidays. (9.) The term "local municipality," whferever made use of in i-ooai this Act, shall mean a muiiicipality within a county or form- ^'"^''''^"y- ing one of the municipal divisions of a county, except incor- porated cities and towns, and the word "municipality" shall • embrace, as well as local municipalities, any incorporated town or citjr municipality, unless otherwise expressed, or a different''""'''*^"'''" meaning shown by the context, so that the term "every municipality," in the portion of this Act relating to sub- divisions of a district, shall mean every city, town, or local municipality within a county or united counties, unless where it is otherwise expressed or excepted. (10.) The term "clerk" as applied to an officer of a munici- oierk. pality shall also include "secretary-treasurer," where the two offices are combined, and "acting clerk" or "acting secretary- treasurer," and vice versa. (11.) The term "councillor" shall, as applied in cities Councillor, include aldermen. ' (12.) The term "declaration" of office, or qualification, shall also meaji and include an oath, affirmation, or declaration, as the context may require. ' .' '- SI 24 Cap. 11. MUNICIPAL ORGANIZATION. 47 VIO. |i 11! !, Lieutenant- Qovemor. Provincial SeC' retary. (13.) The term "Lieutenant-Governor" shall also mean and include Lieutenant-Govemor-in-Council, when the context may require. ■ (14.) The term "Provincial Secretary" shall also mean and include any Minister, for the time being, acting as Provincial Secretary. (This suls-section shall also have a retro-aetive effect, extending back to 21st July, A. D. 1883.) Senior Munici- (15.) The term " Senior municipality" shall mean the muni- paiity. cipality, (other than a city) within a county, having the greatest number of ratepayers according to its last revised assessment roll. Members, offl- 42. The head and members of the council, at present hold- etel!continued! ing office, and the officers, by-laws, contracts, property, assets and liabilities of every municipal corporation, (except county corporations) when this Act takes effect, shall be deemed the head and members of the council ; and the officers, by-laws, contracts, property, assets and liabilities of every such corporation are continued under and subject to the provisions of this Ad. < Munici 1 cor- '^^" Every municipality and the inhabitants thereof hereto- poration^ etc., fore incorporated as a city, town or local municipality shall cont nue . continue to be a corporation, under the name of the City, Town or Municipality (as the case trmy he) of (naming the name), or such other names as shall have been given to any such City or Town in its Act or Letters Patent of Incorporation and shall have all the rights, and be sub- porat^na' etcTJ®^^ ^ ^^^ ^^^ liabilities of a corporation — and especially, shall ' have full power to acquire, hold and alienate both real and per- sonal estate for all municipal purposes, and by the same name they and their successors shall have perpetual succession, and they shall have power to sue and be sued, implead and be im- pleaded, answer and be answered unto, in all courts, and in all actions, causrs and suits at law and ir equity whatsoever ; and they shall ht./e a common seal, with power to alter and modify the same at their will and pleasure ; and they shall be in law capable ofreceivingbydonation,acquiring, holding, disposing of and conveying any property, real or niovable, for the use of the said municipality, and of becoming parties to any con- tracts or agreements in the management of the affairs of the said municipality, and of negotiating loans and borrowing money upon the credit of such corporation for the purpose of defraying any expenses necessary for the carrying on of the business of such corporation, or the payment of the share of iudcbtcuness of any formerly existing municipality appor tioned to and imposed upon such corporation under the pro- visions of this Act or of " The Municipalities' Act, 1883 ;" or of debts incurred in the management of its affairs j and Seal. Loans. 1884. MUNICIPAL ORGANIZATION. Cap. H. 25 of giving or accepting any notes, bonds, obligations, iudg- ments or other instruments or securities for the payment or„ . . securmg the payment, of any sum of money, borrowed' or ^ ' loaned, with power to renew the same or any portion thereof or for executing, or guaranteeing the execution of any duty, right or thing whatsoever ; and for the payment or securing the payment of any money borrowed, or paying loans made or debts owing by the said municipaJity; or o1 taking up bonds that may become due, or for the puroose of making a loan or loans, or for any other legitimate and suffi- issue of bonds, cient purpose whatsoever, and the said municipality may grant "'"■ and issue bonds for the sum or sums of money therein to be specifaed under the provisions hereinafter set forth, payable at such time and times after the granting and issuing thereof and m such plaice or places in this Province, in the Dominion of Canada, in the United States of America, in any part of threat Britain or elsewhere, and either in the currency of the Dominion, or in sterling money of Great Britain, or in the currency of the country where the same may be respectively made payable, as by the said council may be thought advan- tageous and expedient ; provided always, that the said council Proviso as to shall not give or make any bond, bill, note, debenture, or other tZ^e^. undertc^nng for the payment of a less amount than one hun- dred dollars ; and any bond, bill, note, debenture, or other un- dertaking issued in contravention of this section, shall be void- provided always, that nothing herein contained shall be con- Not to act as strued to authorize the said council to issue notes or bills of ''^"•'ers. etc. exchange payable to bearer, or to act as bankers, or to issue notes to circulate as those of a bank. Provided further, that nothing in this section shall authorize Proviso the contracting of any debt or obligation which for principal and interest might have the effect of increasing the total mdebtedness of any municipality so that the amount to be raised annually for all municipal purposes including such Lin,it.d .n principal and interest in such municipality shall exceed in '*tloSelSd any year a rate of one and one-half per cent, upon all cZi!*2ifcS!,'t the taxable property withm such municipality, according gfthrKX' to the last revised assessment roll, except by by-law ^^t« approved by three-fifths of all voters voting thereon and passed m accordance with the provisions of this Act or unless tor the payment of estimates of the district board for the ^^^^p""' ■ purchase or erection and maintenance of registry offices and county courts to be made thereafter, or the opening con- • struction maintenance and repairs of any inter-municipal road, bridge or ferry. ^ 44.^ The powers of every such municipality shall be exer- Powersexer- ciaca oy ine council tiiereot. '^ised by council. 46. The council of a local municipality shall, until altered Composition as hereinafter provided, consist of a Reeve and six Councillors "' '"'""''"• 4 Si 5 8 •mmim^mmm 26 Cap. 11. MUNICIPAL ORGANIZATION. 47 Vic- i ii and any person being a resident in the municipality and a proprietor in his own name, or in that of his wife, of real estate within the municipality and duly qualified and entitled to vote at a municipal election, may be elected as Reeve or Councillor, unless he is disqualified for any of the following reasons, viz : — II pi Disqualified (1.) Being a Judge of any Court of civil jurisdiction, a persons. Gaoler or Keeper of anv House of Correction, a Sheriff, Deputy Sheriff, Sheriff's Bailiff, High Bailiff, Chief Constable, Constable, Assessor, Collector, Treasurer or Clerk of ariy Muni- cipality, Bailiff of any County Court, a County or Crown Attorney, a Registrar, a Deputy Registrar, a Deputy Oierk of the Crown, a Clerk or Deputy Clerk of the County Court, a Clerk of the Peace, an Inn-keeper or Saloon-keeper or Shop- keeper licensed to sell spirituous liquors by retail., a License Commissioner or Inspector of Licenses, a Police Magistrate, or a person having by himself or his partner an interest in any contract with or on behalf of the corporation or being indebted to the municipality except for taxes or surety for any oflScer or employee oi the municipality. Shareholders (2.) But no person shall be held to be disqualified from i^o^"* ^^^°r^J^I' being elected a member of the council of any municipal cor- ated company o. p ■> > i • ^ lu- • not disquaii- poration by rea-son oi his being a shareholder in any incor- porated company having dealings or contracts with the coun- cil or such municipal corporation, or by having a lease of 21 years or upwards, of any property from the corporation, but no such leaseholder shall vote in the council on any ques- tion affecting any lease from the corporation, and no such shareholder on any question e,ffecting the company. Proviso. " Provided, that no person shall be qualified for election as Mayor, Reeve, or Councillor, or for any municipal office under the council who is unable to read and w *ite. Nor shall any Serson who is a surety for any officer or employee of a udicial District Board, be eligible for election as Mayor or Reeve of any municipality situate within the said Judicial District." i^ Composition of souncil of olty or tow:-:. 46. The Council of any incorporated city or town shall consist of, or continue to consist of a Mayor and such num- ber of Councillors, (and of such qualification in the case of a city) as the charter or Act of incorporation of such city shall specify, and in the case of a town, of a mayor and such number of councillors as may be specified in the charter or letters of incorporation of such town, subject, however, to the suiiic cause -C wi j: i:n i.:^.. iivione'vi above in the case of local municipalities, and to such other, if any, as shall be specified in any such charter or letters of incorporation aforesaid. 1884. ELECTIONS. Cap. 11. 27 47. Subject to the p'-visions of any special Act or to the Municipal provisions ot any charter, or Act, or letters patent of incor- *''«''"o'"'- poration of any city or town, not herein repealed, the following shall be the manner of providing for holding municipal elections. ^ 48. An annual election of a Council shall be held in every Annual eiec municipality in the manner following : ' "•'°- A meeting of the electors of the municipality shall take Meeting of place for the nomination of candidates for Mayor or Reeve ('as *'^°'**"' the case may he) and for Councillors, at the last place of meeting of the council, or at such other place as the council by by-law or as any other authority shall lawfully appoint on the last Tuesday in December in each year, (provided the day is not a statutory holiday, in which case it shall take place the day following), at twelve o'clock noon, at which nominations for the office of Mayor or Reeve and for Councillors for the municipality or for the several wards thereof, shall be made; and the time for receiving such ^'""*"*"°°^- nominations shall be between the hours of twelve o'clock noon, and one o'clock in the afternoon, of the day and all nominations shall be made by a proposer and seconder, who shall be duly qualified electors of the municipality and one of whom, in case of a nomination of a councillor shall be an elector of the ward for which such nomination shall be made ; provided that no one person shall nominate more than the required number of candidates ; but this clause shall not be held to interfere with the provisions of any special municipal charts, or clause of this Act, providing for nominations being made in the respective wards of such^*^*«*» inunicipality, and at least ten days notice of such nomination *^' shall be previously given by posting up a notice in each post- omce in the municipality. 49. The clerk of the municipality, or any other person who cierk. etc., may be appomtea, shall preside at such meeting; and if the?rt"ideat clerk or such other person does not attend, the electors present "f"™*"*'"*"'*' shall choose a chairman or person to officiate from among themselves. ^ 60. Such clerk or chairman shall be the returning-officer at cierk or chair- any such election, and shall have all the powers usually S'slrltu^^iZ" given or belonging to a returning-officer at elections. offl«er. * 61. If more candidates are nominated for the office of Mayor it more than or Keeve, or for Councillors for the municipality or the several '•"Juired ", " ~" ••••••" -•"•- ^-M""c-a w uu ciccoca unaer tiiis Act canaumicB the clerk or chairman shall announce the same, and make '**""""*'*^' known to the electors present the time and place or places when and where the poll or polls shall be opened for the tak- 28 Cap. 11. ELECTIONS. 47 Vic. Karnes of candidates to be posted up. :n ing of the votes for the candidates nominated, which shall be one week from the day of such nomination, commencing at the hour of nine o'clock in the forenoon and closing at five o'clock in the afternoon of the same day, except in the case hei'einaf ter specially provided for, 52. Within two days after such nomination the clerk or chairman shall post up in the oflSce of the clerk, and in two or more conspicuous places within the municipality, and in two or more conspicuous places in each ward of said municipality, (if such municipality be divided into wards,) the names of the persons nominated, and within two days thereafter give notice to the returning-officer or officers of the municipality, or of the several wards thereof, if the same be divided into wards ; and any electors having votes in more wards than one shall vote for Mayor or Reeve in the ward in which they reside ; but if not qualified to vote in the said ward, they can vote in any war4 where qualified ; but no elector shall vote more than once for Reeve or Mayor. List of voters 53. The clerk of the municipality shall deliver to the *°'**'"''****^ returning-officer of the municipality, who is to preside at an election for the same, or for every or any ward thereof, a cor- rect list of all persons rated upon the last revised assessment roll for the municipality or ward, who are entitled to vote at the said election, in respect to such assessment, under this Act, and shall state in such list whether the person entitled to vote is a householder or a freeholder, or lessee or otherwise. Duty of clerk, etc., if no contest. iiii 64. If only one qualified candidate for the office of Reeve or Mayor has been nominated within the time limited, the clerk or chairman shall declare such candidate duly elected Reeve or Mayor ; and if only the required number of qualified candi- dates for the office of councillor have been nominated within the time aforesaid, for any of the wards of the said munici- pality or municipalities, the clerk or chairman shall declare such candidates duly elected councillors. 55. In case the seat of any member of the council shall become vacant by death, resignation accepted by the council, or for a continued absence without leave from the meetings of the council for a period of three months, it shall be the duty of the council to direct a new election to be held for the pur- pose of supplying such vacancy. E^-eiection to 56. Any Reeve or Mayor, or Councillor elected to fill an occa- pired terau sional vacancy, shall hold office only for the unexpired term of the Reeve or Mayor, or Councillor in whose place he has been elected. Vacancy in council. _ 67. It shall be the duty of the returning-officer when the ing'offlc'ers." municipality is divided into wards, to appoint for each ward Ward return- 1884. ELECTIONS, Cap. 11. 2d in which 0, poll is to be held in conforraity with the preceding sections a deputy-returning officer, to whom shall be entrusted the holding of such poll, 1 ^?' J^^*^^® °? municipalities not divided into wards, the Where no clerk of the municipality (or other returning-officer) may per- i"S?acf * torm the duties which in other cases are performed by a deputy returning-officer and may perform the like duties with respect to the whole municipality as are imposed on a deputy-returninff officer m respect of a ward. ® 69. And in municipalities which are divided into wards the Returning- returning officer may take charge of one of the wards and per- g.*rch21|e of torm the duties therein which in other wards are performed '^*'^- by deputy-returning-officers. int^^wo^^ *^^^*'n 7P^"^^^A® P°y (^^ ^^^^ ^^^^ if divided Opening and mtowardsj shall be opened by the deputy-returning-officer ^'^'^'^''k °^ p«" who shall enter or cause to be entered in a book to be kept in accordance with the conditions hereinafter prescribed, the votes ot the electors by entering therein the names and occupation or addition of each of them. 61. Each page of the poll book shall contain at the top of as Form of poll manydistmct columns the names and surnames of each candi- ^"^ date as nominated for the office of Mayor or Reeve or Council- lors (as the case may be) and each poll book shall be numbered in writing and initialled by the returning or deputy retumine- officer m charge of the same. ° 62. The clerk of the municipality, on the request of any Deputr.retum- elector entitled to vote at any one of the polling places, who ISfArti^" nas been appointed deputy-retuming-officer or poll clerk at^,*^^"" any other polling place than the one he is entitled to vote at shall if reauired to do so, give to such elector a certificate that he IS entitled to vote at the polling place where he is stationed during the polling day ; and such certificate shall also state the property or other qualification in respect of which he ia entitled to vote. 63. On the production of this certificate such deputy return- ^ay vote on ing-officer or poll clerk shall be entitled to vote at the polling °*'^*"''*'*'- place where he is stationed, and should it be demanded May be swom such deputy-retuming-officer take the oath required by law ''yp°"°^«''''- to be taken by voters, the poll clerk may administer +.he said oath. aa. A 1 iJj.-_- ^xj vxjTvu. iicxuuii/ur incorporated on being so in- ^'°^"^»^*"'« corporated shall cease to belong to the municipality in which mS^ity. It may formerly have been included and shall become a dis- tinct mymcipality, , ^;i I il I I , ! 'lii 30 Cap. 11. ELECTIONS, 47 Vic. pality. Time of hold- 65 In any of the municipalities described herein which ifeV'munfoi!" ^ere previous to the 22nd December A.D. 1883, wholly in- ''"" eluded in some other municipality or municipalities, or in any new municipality now or subsequently to be created under the provisions of this Act, the day and time for the nomination of the first Mayor, Reeve and Municipal Councillors, and for the election (if any) thereof for such municipality, and for the first meeting of the council, shall be the same as for the gen- eral annual nominations and elections as herein mentioned ; Provided in the case of municipalities at present unorganized, and except as herein mentioned, the Lieutenant-Governor-in- Council shall, unless where it is otherwise herein provided, appoint a returning-officer to hold the said nom'-^ation and, Appointment election (if any) and the place or places where such election or elections are to be held, r authorize said returning-officer to do so, and may make or authorize such returning officer to make such other regulations a? to the appointment of deputies and poll clerks where necessary, and for the holding of such nomination and election as may be proper and necessary, leading to the due and proper organization of such new mun- icipality. of returning officer Lieutenant- Governor may provide for organization, In aefault of election. 66. In any case where a municipal council shall not have been elected under any former or other provisions of this Act, and in respect to which election no other provision has been made, and there has been a failure or neglect to comply with the provisions herein made to secure or continue municipal organization in any municipality the Licutenant-Governor-in- Council on proof of such failure or neglect, may name a new day for holding a nomination and election in such municipal- ity, and appoint a returning-officer to hold the same and make such orders in respect thereto, and to the first meeting of the council, as in the last preceding section he is authorised to do in respect to the nomination and election therein mentioned ; and in case there shall still be any failure or neglect to hold such nomination and election if required, the Lieutenant- Go v- ernor-in-Council on proof of such further failure or neglect, may appoint a Council including the Mayor, Reeve or other head of such counci 1 for said municipality for the remainder of the current municipal year, and fix the time and place for holding the first meeting. The council so appointed shall have the same power and authority as if the members thereof had been nominated and elected in the usual manner. Division into wards. Stem. 67. Except as otherwise provided for, municipal councils elected under and by virtue of the provisions of this or any previously existing Act, may determine whether their respec- tive municipalities shall be divided into wards, and may, if they so determine, proceed to set off" the wards in such manner as will best suit the Convenience of the people. 1884. ELECTIONS. Cap. 11. 31 68. When a ward or wards neglect or refuse to elect a Coun- where a w cil or or Councillors, the Councillors elected for the munici-'Sa^ r\aii<".r »x«^,„j_j J.1 1 ... iuujiivi elect a "' award ooun- pahty. provided there be a quorum, shall at their first meet-cmor, mg appoint a Councillor or Councillors for the same, who ci dit * ratepayer or resident ratepayers in tht muni- *• ^^' I. '^ul -^^ »,,,i.i: i -i. noon on the day following the return of such poll books and statements, publicly declare to be elected the candidate or candjjlates baying the highest number of votes, and shall also S6 Cap. U. ELECmONS. 47 Vic. Ill Castlngr vote in oaw of tie. put up in some conspicuous place a statement under his huid showiiig the number of votes for each candidate. 85- In case it appears, upon the casting up of the votes as aforesaid, that two or more candidates have an equal number of votes, t>ie clerk of the municipality, or other person apoint- ed by by-law to discharge the duties of clerk m his absence or incapacity through illness, and whether otherwise qualified or not, shall, at the time he declares the result of the poll, give a vote for one or more of such candidates, so as to decide the election. cieik diKquaU- 86. Except in such case, no clerk of the municipality shall wcMUng*vo'te. vote at any municipal election held in his municipality. Dep.retuniin(t 87. AH deputy-retuming-officers and persons employed as e"it1«^*to deputy-returning-officers and poll clerks, if otherwise qualifi- ^•^" ed, shall be entitled to vote. ProcecdinKs 88. In case, by reason of riot or other emergence, an elec- im^proi^riy""" tion is not commenced on the proper da^, or is interrupted wi^.'*'*^ after being commenced and before the lawful closing thereof, the retummg-officer, or deputy returning-officer (as the case may be), shall hold or resume the election on the following day at the hour of ten o'clock in the forenogn, and continue the same from day to day, if necessary, for four days, until the poll has been opened without interruption, and with free access to the voters for eight hours in all, in order that all the electors so intending, may have a fair opportunity to vote. Return where no elec- tion held. 89. But in case the election has not, by the end of the fourth day from the day the same commenced oi should have commenced, been kept open for the said eight hours, the returning-officer, or deputy-retuming-officer (as the case may be), shall not return any person so elected, but shall return his voters' list on the following day to the head of the municipal- ity, certifying the cause of there not being an election ; and a new election shall take place, and the head of the municipal- ity shall forthwith issue his warrant therefor. 90. When a poll has been duly held in each of such wards or polling sub-divisions, and the statements hereby directed to be returned to the clerk have been so returned to him, the clerk shall cast up from the said statements the number of votes given for each candidate for any office in respect where- of the election has not been previously declared, together with Declaration the votcs appearing by the statements previously returned for H^^fF? ""PJSk other wards to be given to the candidate, and shall at noon on the next day, at the town hall, or if there is no town hall, at some other public place, publicly declare to be elected the candidate or candidates having the largest number of votes. Castinrr up vote*. nto wards. Id84. ILKCTIOKS. Cap. 11. 37 91. Upon the same day or the day following that upon Returns u, be which the declaration of the election of any Mayor or ReWe £?^"^ 18 made, as provided in the last preceding section, it. clerk o- other peraon so making such declaration shall transmit bv D^trR ^T *?K*^%^f l*"^-'^'''^"^^^ of the Judicial M„rf«, District Board within which the municipality is situate, a re- •«'^'" ' turn shewing tho name, occupation and post-office address of the Mayor or Reeve so declared elected ; and upon failure so to do without ar.y reasonable excuse for such default, 8uch»fr° clerk or other person so required to make such return shall pay and forfeit to any person who shall sue for the same sum- manly before a Justice of the Peace, any sum not exceeding • fiftjr dollara besides costs of suit, such fine and costs to be le^ed by distress of his goods and chattels or in default of sutticient distress then the oflender may be imprisoned in the common gaoi oi the district for a period not exceeding thirty 92. The person or persons so elected shall make the neces- DeciaraUon of Srdk r '^^ qualification and assume officp"^" now within exist Treasurer's f.„„ annual ""^^ statement of the cfenerai roceiptc and Reevi. and''""'"^™'"'' make 93. The treasurer of every municipality mg. or hereafter to be formed, shall, week before the day of nomination for Minual election for the office of Mayor or Councillors or Aldermen (as the case may be), make up a detailed statement of the receipts and disbursements of the tundsof the municipality, with ar, /abstract thereof, showing under the several and appropriate heads, the aggregate receipts . and expenditure for anJ on account oi the varTous Jepari^ments ■ and services of the municipality, fnrm the first of January previous to the date of such statement, which shall not be more than one week previous to the nomination, as aforesaid andsuchstatementajidabstractshallbe kf->tin the office of then . clerk of the municipality,from the time u . .^ame shall have been PnMon. completed,a8aforv3said.until after the then ensuing election shall hav3 been held, and any voter or ratepayer of the municipality shall within the usual office hours during the time aforesaid, be at liberty to inspect the same, and, if he so desire, to take extracts therefrom m said office without any charge therefor ; provided that no person entitled to such in8pection,lnd making pr„„^ the same, shall have the right to retain exclusive possession ot said statement, as against any other person, for more than one hour during the same day a copy of such statement shall also be produced by the clerk and will be open to inspection at the place of nomination. 94. The statement and abstract in the last foreffoing clause statement to montion^ shall be the statement, or one of the st^Sments, «uWue^^t°' afterwards extended and continued to the thirty-first day of S!?ntf ■"***• m I 88 Cap. 11. CONTESTED ELECTIONS. 47 Vic a, '.I Penalty for wilful errors uud omiBsions. December, which shall be submitted to the auditors to be appointed, as provided for in this Act ; and in case of any wilful error or omission being found therein, or m case the said TreaF rer shall fail to make out and have the same tor inspection at the time and in manner aforesaid he shall be subiect to a penalty of one hundred dollars, to be recovered with costs by and for the use and benefit of any person entitled to such information, and who shall sue theretor m the County Court for the Judicial Division within which such municipality is situated, CONTESTED ELECTIONS County Judge 96. If the election of the Mayor, Reeve, or of any Council- toheaJeiectiSnior of anv municipality be contested, such contestation shall be decided by the Judge, or Acting Judge of the County Courts in and for the Judicial District within the limits of which the election is held. Who may con test election. Petition, how made. • 96 Every such election may be so contested by one or more of the candidates, or by any ten at least of the inhabitants qualified to vote at such election. 97 The said^ contestation shall be brought before the court bv a petition signed by the petitioner or petitioners, or by an attorney duly authorized, setting forth in a clear manner the grounds of such contestation. Copy of peti- 98. A true copy of the petition, with a notice stating the '^^et e^. day on which the petition will be presented in the court shall be first duly served upon the Mayor, Reeve, or Councillor or Councillors whose election is contested, at least eight aays be- fore the day on which the petition is presented to the court ; 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 When and the sittings of Said court next following the election thereby how received, ^.^^^gg^^ed, unless such election took place within the fatteen days next preceding the first day of such sittings in which case the petition may be presented on the first day of the next sittings, but not later ; nor shall any such petition be received unless security for costs, to be approved by the said Judge or Acting Judge, be given by the petitioners. 99 If the court is of opinion that the grounds set forth in the petition are sufficient in law to avoid the election, it shall order proof to be adduced and the parties interested to be heard* on the nearest day which it deems expeaiem, aiiu shall proceed in a summary manne. to hear and try the said contestation ; the evidence may be taken down in writing or given orally, in whole or in part, as the court shall order; and, Sufficiency of g^unds. Evidence. 1884. CONTESTED ELECTIONS. Cap. 11. 39 if the trial of such contestation is not concluded at the close of the sittings of the court during which it began, the Judge may continue the same, and shall adjourn from day to da^y until he has pronounced his final judgment upon the merits of ^f'^tria'iT'"* the same ; and every such judgment so pronounced and all proceedings had in any such case shall have the same effect as Judgment. if the same had been pronounced or had in open court. 100. The court may, on such contestation, confirm the elec- Conflrmation tion or declare the same to be null and void, or declare another 2f treotion."^ person to have been duly elected, or may, in either case, award costs to or against any party ; which costs shall be taxed on the inferior scale of costs allowed in the Court of Queen's Bench, and shall be recoverable by execution issued out of the Cost* County Court of the Judicial Division in which the contesta- tion took place, by order of the said Judge, or Acting Judge thereof. 101. If any defect or irregularity in the formalities pre- Def«cu in scribed for the election are set forth in any such petition, as a"^""""' ^'°- ground of contestation, the court may admit or reject the ob- jections according as such defect or irregularity may or inay not have materially afiected the election. 102. If any such County Court shall on any such contesta- ^^^ '°'' "ew tion declare any such election to be void, such court shall, in "^ "*' and by the judgment in that behalf, name the day, not being sooner than fifteen or later than twenty from the date thereof, for which a public meeting of the inhabitants of the munici- pality shall be called in order to hold another election ; and the Mayor, Reeve or the Clerk or the retui-ning officer so soon as he has cognizance of the judgment, shall cause a meeting of the inhabitants of the municipality by giving public notice Notices, etc. of the day so named for the election, and shall proceed to the election of other Mayor, Reeve, Councillor or Councillors, in the stead of the Mayor, Reeve, Councillor or Councillors, whose election has been so declared null and void ; and the same for- malities shall be observed at such election as are required to be observed at every general election under this Act. 103. A candidate may himself undertake the duties which Candidate and any agent of his, if appointed, might have undertaken, or may ^^'^^ assist his agent in the performance of such duties, and may be present at any place at which his agent may in pursuance of this Act be authorized to attend. 104. When in this Act any expressions are used, requiring Authority of any act or thing is to be done, in the presence of the agents of the candidate, such expressions shall be deemed to refer to the presence of such agents of the candidates as are authorized to \l -i ;i< li •: . ¥'> 40 Sundays and holidays not reckoned. Cap. 11. CONTESTED ELECTIONS. 47 Vic. attend, and as have in fact attended, at the time and place where such act or thing is being done ; and the non-attendance of any- agents or agent at such time and place shall not, if the act or thing is duly done, invalidate in anywise the act or thing done. 105. In reckoning time for the purpose of this Act, Sun- day and any day set apart by any act of lawful authority for a public holiday, fast or thanksgiving shall be excluded ; and where anything is required by this Act to be done on any day which falls on such days, such things may be done on the next juridical day ; but nothing in triis section contained shall extend or apply to the days fixed by this Act for the nomina- tion or election of candidates for the offices of Mayor and Aldermen in cities, and Mayor, Reeve, and Councillors in other municipalities. 106. No election shall be declared invalid by reason of a the Election not to for mlstakVof non-compliance with the rules contained in this Act as to form, etc, taking of the poll or the counting of the votes, or by reason of any mistake in the use of the forms contained in the schedules of this Act, or by reason of any irregularity, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance v.'ith the principles laid down in this Act, and that such non-compliance or mistake or irregularity did not afiect the result of the elec- tion. order. Documents 107. When a rule or order is made for the production by uE^^Truie or the clerk of the municipality, of any document in his posses- sion relating to the specified election, the production of the document by the clerk, in such manner as may be directed by the rule or order, shall be conclusive evidence that the docu- ment relates to the specified election ; and any endorsement appearing on any poll book or papers produced by the clerk, shall be prima facie evidence of such papers being Avhat they are stated to be by the endorsement. Prima facie evidence, etc, First meeting of council. Special meeting. 108. The council shall moet on the second Tuesday in Jan- uary in each year, at he hour of twelve o'clock noon, at the last place of meeting of the retiring council, or such other place as the retiring council or other authority shall legally appoint ; provided, however, that if such a day be a holiday the meeting shall be held on the following day, and thereafter as often as the council may appoint ; and the Reeve oi; Mayor may at any time summon a special meeting of the council, and it shall be his duty to summon a special meeting whenever requested, in writing, by a majority of the council. Reeve, etc., to 109. The Reeve or Mayor of the council shall preside at the meetings. meetings thereof, and in the event of his absence, the ( uncil 1884 BY-IAWS. Cap. 11. 41 shall choose from among their number a person to preside and m such case the said person so presiding si ill have all' the powers and exercise all functions appertaining to the Mayor 110. It shall be the duty of the clerks of the respective Names and municipalities C.1 or befoie the first day of February in each Sfa^Trr/e year, m addition to the return required by section 91 to^^-'^^'be transmits, the Secretary-Treasurer of the JudS D^trict""''^""'^- Board of the district within which his municipality is situate and to the Department of Agriculture. Statistics and Health at Winnipeg the names and post office address of the Mayor or Reeve and the Clerk and Treasurer of the municipality for the current municipal year, and any clerk refusing or nefflectinjr to comply with this requirement shall forfeit and pay any sum not exceeding ten dollars to be recovered with costs in any court of Penalty for competent jurisdiction at the suit of anyone who may sue for ""*'""'• the same and to be payable on recovery to the Provincial 1 reasurer to form part of the Consolidated Revenue Fund or this Jrrovmce. 111. In every city, town or local municipality, the council By-laws that may pa^s by-laws for such municipality in relation to matters ^ass ''*P''""" coming withm the classes of subjects hereinafter enumerated that is to say : ' (1.) The raising of a municipal revenue by taxes upon per- as to munioi- sonal and real property, and the mode of collecting the same ;P*' '•«^«''"«- (2.) The expenditure of the municipal revenue ; (3.) Roads and bridges and the construction and mainten- Roads and ance of roads and bridges wholly within the municipalitv • *'''*'^''- providing that no by-law shall compel any person bound to' perform statute labor on any public highway, road or bridge to perform the same, or any part thereof, at any point more than three miles distant from the land in regard to which the liability to perform the labor is imposed ; (4.) The prevention of cruelty to animals ; (5.) The regulation of slaughter houses ; (6.) The prevention or removal of abuses preiudicial to aeri- A^sesto culture ; ana granting aid to agricultural, horticultural and in- ^""""' dustrial societies ; (7.) The relief of the noor within tb^ mnnJoi'^oiu,. — r— u-.i-^-^ the care and maintenance of its poor, or of pauper patients ^''' ***=• m any house of refuge, hospital, or other institution, in or outside of the municipality. Cruelty to animals. Slaughter houses. :.I,U '»: ; ih'ii 42 Cap. 11. by-laws. 47 Vic. stream!, etc. (8.) The condition of streams, water-courses and drains ; Drainage. (9.) Drainage works ; Fences, etc. flOJ The regulation of fences, dykes and ditches; Nuisances. (11.) The prevention and removal of nuisances ; Fires. (12.; The prevention of prairie and other fires ; Public health. (13.^ The preservation of the public health ; Officers, etc. (14.) The maintenance of officers of the municipality ; Pound, and (1 5) The providing and regulating of pounds, and for herd- herding ing restraining or regulating the running at large ot animals, '^*""'''* and for impounding them, and for causing them to be sold m case they are not claimed, or all lawful charges paid withm a reasonable time, and such by-law may be made to apply to only a portion of the municipality, or a portion only of the year, as the council may deem expedient ; but no by-law under this section shall authorize the remaining at large of anv KffectofC. 18 animal which by chapter 18 of the Consolidated Statutes of c. 8. M. saved ^^^ pj.Q^ijjge jg prohibited from running at large. Provided that upon the petition of a majority of the resi- dent ratepayers withiii any Ward of a Local Municipality hied before the first day of March in any year the council of such mnnicipality shall be obliged upon receipt of such petition to pass a by-law making such provisions under this sub-section , as may be required by such petition having application to the said ward only, and any such by-law petitioned for under this proviso shall be passed and entered in the minutes as a matter of course and in the usual form, and public notice of any such by-law shall be posted in at least two conspicuous plac. in said ward, one of which shall be the Post Office, if any such there be, and any such by-law shall not be repealed before the 15th day of November then next ensuing. Appraising (16.) The appraising the damages to be paid by the owiiers damages. q£ animals impounded for trespassing contrary to the by-laws Proviso as to -wards peti- tioning for herd by-law. Notice of by-law. Fees and charges. Municipal hall, etc. of the Municipality. (17.) The determining of the compensation and fees to be allowed for feeding, caretaking and selling of animals im- pounded ; (18.) The construction of a municipal hall, lock-up and other Ijuildiners ; Planting trees. (19.) The encouragement of planting trees on prairie land and public highways ; 1884. BY-LAWS. Cap. 11. 43 (20.) The taking of the census of the residents in a munici-cnsuB pahty ; (21.) The enforcing of the by-laws of the municipality bV Enforcing fine or imprisonment, not exceeding twenty dollars in case of *'^"^""- fine, and one month in case of imprisonment, where such by- laws are within the competence of the municipality to enact ; (22.) The regulation of the meetings of the council and the Meetings of general conduct of business : oouncu. (23.) The appointment of and defining the duties of the Duties of clerk, treasurer, assessor and other officers of the municipality***"'*^' not determined by this Act ; (24.) Public morals, including the observance of Sunday ; Public moral., (26.) The establishment, maintenance and regulation of mar- Markets, kets; (26.) The imposing of penalties for light weight or short Light weight, count, or short measurement in bread, fuel or enythin«y mar- "**'• keted ; . ^ o (27.) The imposition, regulation and commutation of statute ^'**'*'« ^''^'' labor and dispensing with the same in the municipality or any part thereof ; (28.) The regulation and maintenance of ferries wholly Fenies. wiblun the municipality and subject to the jurisdiction of the Legislature of Manitoba ; and the granting of exclusive privi- leges therein for any term not exceeding ten years. (29.) For imposing a tax on owners, possessors or harborers Dogs, of dogs ; and killing or selling such dogs which have been found running at large contrary to by-laws ; (30.) The establishment and alteration of limits of school School districts and the collection of school taxes ; districts. (31.) To exempt from taxation any kind of railway property; Railway (32.) To divide the municipality into wards ; Wards. (33 ) To prevent and regulate, or license, exhibitions held, or Exhibitions, kept tor hire or profit, bowling alleys and other places of ^"^""sr^^'y"' amusement, and to fix the fees therefor; (34.) To prevent or license and regulate a billiard table or »"»««! . — ^ — ^.-.T^iiv, «uTj uw xiji. mix: iuus wiereror ; (36.) To regulate and grant licenses to auctioneers, and to Autioneers. fix the fees therefor ; I f. AtLl 44 Cap. 11. BY-LAWS. 47 Vic. : ii i; 4 Pawnbrokers, Hawkero, etc. Oambling houses. Compensation for animals destroyed for contagious disease. (36.) To regulate and grant licenses to pawnbrokers, hawkers, pedlers and transient traders, and to fix the fees therefor ; (37.) To suppress gambling houses, and to seize and destroy faro-banks, roii deben- ariv snp.n f»r»Tn'nn.'nir nv onmrt-vai.imn rloVtonfii-naa i-toiroVila of tures. — "■ -. r — .; — — I • •• ...,^ ,....,.. „^. such times, and for such sums respectively, not less than one hundred dollars each, and bearing or no* bearing interest, as the municip^ council may think tit ; wmt 4S Cap. 11. BONUS BY-LAWS. 47 Vic. If' By bonus and exemp tinn from taxation. Aid to local induatriea. (4.) For granting bonuses to any railway company in aid of such railway, and for issuing and delivering debentures in the same manner as in the preceding sub-section provided ; for raising money to meet such bonuses, or for exempting the pro- perty of any railway company from taxation. (5.) To aid local industries by way of granting bonuses or exemption from taxation for any number of years ; Municipality interc8t' p®" closing of the poll, return the poll books verified to the clerk vf the council ; (5.) The clerk of the council shall add up the number of certificate of votes for and against the same, and shall certify to the coun- ""^^ cil, under his hand, whether the required majority have ap- proved or disapproved of the by-law ; and he shall keep the same, with the poll books, among the records of his office ; (6.) In case of dispute as to the result of the vote, the judge where result shall have the same power for determining the question as he '^"** " has in any case of a scrutiny of votes ; (7.) The petition to the judge may be by an elector, or by Who may the council ; and the proceedings for obtaining the judge 8 i\ ' 'It ^' 1 - 'J.! 60 Cap. U. BONUS BY-LAWS. 47 Vic. decision shall be the same, as nearly as may be, as in the case of a scrutiny. ChallenKB of voter. Oath of voter. Money By-laws. 131. If any person offering to vote on any such by-law is challenged as being disqualified, by any legal voter, the retum- ing-officer shall require the party so onering to vote to take the following oath or affirmation, to be administered by such retuming-omcer as follows : " You swear (o'- affirm aa the case may he), that you are the f)erson whose name is entered or intended to be entered on the ist which I shew you ; that you are twenty-one years of age, a subject of Her Majesty by birth or naturalization, end pos- sessed of real estate to entitle you to vote on this by-law under the provisions of ' The Manitoba Municipal Act, 1884,' that you have not before voted on this occasion, and have not received anything nor accepted any promise, directly or indirectly, to induce you to vote or to indemnify you for your loss of time or any service connected with the voting on this by-law ; that you are entitled to vote at this election and that you have not been guilty of any act of corruption disqualifying you from now voting." t 132. Thecouncil may.undertheforegoingformalitiesrequired by this Act, and with the assent of three-fifths of the ratepayers voting thereon, pass by-laws for contracting debts by borrow- ing money or otherwise, and for levying rates for payment of such debts on the rateable property of the municipality : Aid to roads (a.) To assist, by money granted or lent, in the construc- pubifo wrks tion, repair or maintenance of any road leading to the muni- mSiJdity. cipality, or of any bridge or public work under the direction or the corporation of any other mimicipality ; (h.) To aid in the construction, repair or maintenance of any bridge, causeway, pier, wharf, public road, grist mill, elevator or otner public work situated in whole or in part within the municipality or in its vicinity, to be undertaken and built by any incorporated company or person or under the authority of the District Board or by the Provincial Government. (c.) Or for any purpose within the jurisdiction of the coun- cil, not otherwise provided for :— (1.) By taking and subscribing for shares in any company formed for such purposes ; (2.) By giving, by way of bonus, or lending money to such company or pt son or the Provincial Government ; (3.) By guaranteeing, by endorsation or otherwise, any sum of money borrowed by such company or person. Bridsfes, etc., within muni- cipality. Other pur- poses. By taking shares. By bonus. By EndoL-s- ation of loan. 1884. BY-LAWS. Cap. 11. 61 Exlatlnff debt. n«™ "'"^r""^. ^^"'*'^' *"!0"J?8* Other things that raav beR«.,ta!a!„ necessary for its proper understanding, shall recite and enact : ^^■'*- (1.) Th^ object and amount of the proposed loan, issue of "bject .„d Hm^l"^' ""' ?*^'' P"'P"'' ^^ '^^^ ^>^-^^' together with thehr;a°' time or times of payment,not to exceed thirty years from the Tem, „„» . day on which it is to come into force: ^ ^ exZd"' "^ SOyeara. (2.) The amount of the already existing debt (if any) ; (3.) The amount of tne whole rateable property of the muni: R»t«ibie cipality according to the last revised assessment roll ; ''"'^'^'• ^*^ 'i^®/'"^""* required to 3 raised yearly for the pay- mount r' P^i'II^T* ^f *° ^°r * ''""^i^S ^^^^ ^or the payment. .r^?^re?e.t. o e debt when due ; or to meet the instalments and interest Si?"'* ''"'«'■ ^ • •i'rj^'r?!'*: ^''''^'''^ ^""'^^ '^'^ ™*y b« necessary) or other- ' Wl«w!^lf! t'''^P.^^^Ii^'n^*^^"^^?^ °^ ^-^-^ when the Date it takea by-law shall take effect withm the financial year in which it is ''"^^ pAiSSOd* >. JH -^7 ^^"il^T ^®^|*p^re submitted for such absent which Br-iaw hereto- ha8 received such three-fifths vote, shall, if the other require- ^S ments of law have been substantially complied with be held A'"*^'" o'e-" to have been legally assented to ; and proceedings to' obtain a judges certificate of the due passing thereof may be taken as heremafter provided, if the debentures authorized to be issued ^hereunder are m the possession or control of the municipality at the time of the passing thereof. 136. Where part only of a sum of money provided for by Where only a by-law has been raised, the cou^cil may "repeal the by-law SJtaed ^ *'""' as to any part of the residue and as to the proportionate part ot the special rate imposed therefor ; provided the repealing by-laws recites the facts on which it is founded,and is appointed to take effect on the thirty-first day of December in the year ot its passing, and does not effect any rates due, or penalties incurred before that day, and provided the by-law is first approved by the Lieutenant-Governor-in-Council. f??i- ^?f * ^®^* ^^ ^®®^ contracted, the council shall not, By-iaw creat- until the debt and interest have been paid, repeal the by-law beVipeaC *° under which the debt was contracted, or any by-law for pay- ing the debt or the interest thereon, or for providinor therefor a rate or additional rate, or appropriating thereto the surplus income of any work or any stock or interest therein, or money from an^ other source ; and the council shall not alter a bv-law urovidino" any such — ^' ' ' fofi uiiHiiiiaii I i n „ i -•.- '-- 1*^3 i.v> -wiAiiJ,i.iiioll the amount to be levied under the by-law, except in the oases herein authorized, and shall not apply to any other purpose any money of the corporation which, not having been Oi* altered. "-■IIHH tS''^^^^| '^1^1 "^i^^l iK^^H v^gBlH^I ''V^H jjfi 52 Cap. 11. BONUS BY-LAWS. 47 Vic. Bonus by-law need not be published T'onn of iblicatlon r notice. previously otherwise appropriated by any I /-law or resolu- tion, has been directed to be applied to sucn payment ; and no officer of the municipality shall neglect or refuse to carry into effect a by-law for paying a debt under colour of a by- law illegally attempting to' repeal such first-montioned by-law, or to alter the same so as to diminish the amount to be levied under it. 137. Any by-law of an incorporated city, town or local municipality for granting a bonus in aid of a railway, or of any local industry or work, or for any other purpose requiring the assent of the electors under the provisions of this Act, or of any special Act of incorporation, or any other by-law for raising money by the issue of debentures and requiring publi- cation, shall not hereafter be required to be published in full, but it shall be sufficient to give such particulars shortly stated as shall enable any person interested in the purpose thereof to become aware of the object and general terms and provisions thereof, including the amount proposed to be raised, the time of payment, the amount required to be levied in each year, the whole existing debt of the municipality, the amount overdue (if any) of principal or interest, the amount of its last assess- ment, the rate on the dollar levied thereon, and the time and place for taking the votes of the ratepayers therein. 138. The following form for such publication or notice may be used : " Notice is hereby given that a by-law to raise the si:m of dollars by the issue of debentures for the purpose of aiding the construction of railway (or securing the establishment of a woollen cloth factory, as the case may be) has been submitted to the council of tixe muni- cipality (town or city) of , and that a vote thereon of the ratepayers entitled will be taken on the day of nejtt, (or instant) at (naming the place or places) under the pro- visions of the " Manitoba Municipal Act, 1884" (or as the cusc Tnay he) : — The said by-law provides that the said debentures shall be payable in years, and that the rate to be levied for interest and sinking fund shall be . mills on the dollar. ■iiiTiliiks' The present debonture debt of the municipality is $ on which there is nothing overdue for principal or interest (ar as the case may be), and its ratable property according to the last revised assessment roll is $ The said by-law, or a. true copy thereof, is on tile and can be seen in the office of the undersigned witil the day of taking 3aid vote, 1884. BONUS BY-LAWS. Cap. 11. i,„ii / w at the council room in the town ha 1 {or as the case may be) of the municipality, at o clock m the forenoon. Dated at 188 the da: of 53 A. B., Clerk of the Mvmicipality of 4„i?®*^Y ™"^^">a^i*y entitled to pass by-laws for thei^aii^mg thkAof tn'^^r' ^^" ^"? 1 *^" P"^P«^^« contemplated byK^ '^- this Act and not on account of expenditures or payable within the current year, and whether such by-laws require to be Turt Ton °' 1-^ ^'^ •!? * ^^ H'"^' «* by-lawsVd deben- tures m connection witt court-house and gaol expenditure passed, submit a certified copy thereof to the judge or acting judge of the county court of the judicial district in whirSf municipality is situated together with proof to the satisfaction of such judge! and such ^a^ he may nTnff>,*^ H.g^y.f of the due compliance on the part of the municipality, with all the requirements of this or any other Act m respect to the passing of such bv Inw.^ nnrl « . the issue of debentures thereun^ a! welTt p?o!,f o'f '^'^n&t' substantial correctness of all the material averments in any such by-law ; and if such judge is satisfied upon the evidence given and the proceedings taken before him that the provisions of the law m respect to such by-law have been substantially complied with and that there haa been no undue or improper means or influence used in order to procure the passage of the by-law and that it was in all respects legally and properly passed at a meeting of the council of the municipal a^ pointed and held for the purpose, he shall so certify In mLier hereinafter mentioned. ^ ««""ici ,ni*!!;^^^!? the submission of said by-law and proofs to8ubmi.sion to such judae, the clerk of the municipality shall cause to be^'^*^*' published m the same manner in which the notice of submis- sion of said by-law to a vote had been previously given, a notice to the following effect :-" Take notice'^that a by-Taw t^ author- J^T y^ *.!, , for the purpose of aiding in the ^•»"°»- construction of the proposed railwav (cloth factory, or as tlte case may he) has been duly passed by the council of the municipality of ^ ^ ... ... ^,,^.,^ ypj^^^ J .,j^ ^^-^ by-law pnd of the requirements of the statute in that behalf, preliminary to its being so passed having been complied with, have been sub- mitted to His Honor the Judge or acting Judge of the County ''1 54 Cap. 11. BONUS BY-LAWS. 47 Vic. Courts of the Judicial district, who will be applied to for a certificate as to said by-law under the pro- visions of sec. 137 47 Victoria, chapter on or after the day of (naming any juridical day after the last publication of the notice.) Dated at the of 18 day A.B., Clerk of the Municipality of 111' p: mt I .i Objections to 141. At any time or times that said judge may appoint by^aw^ ° after the receipt by him of such certified copy of by-law and f)roofs and before the day named in the notice mentioned in the ast preceding section when said certificate might be applied for, any ratepayer of the municipality may offer evidence in writing, under oath or affirmation, as to the non-compliance by or on behalf of the municipality with the requirements of the statute at or preliminary to the passing of such by-law, or as to undue or improper means or influence having been used in order to promote or secure the passage of said by.law, and if the said judge, after examining said proofs and evidence, and such other proof or evidence on either side as he may consider it advisable and proper to ask for and receive, shall be of opinion that the said requirements of the la,w had not been substantially complied with in reference to the passage of such by-law as aforesaid, or that undue or improper meatis or in- fiuence had been used as aforesaid at any stage of the proceed- ings to an extent that the passage of said by-law had, in the Judge may re- opinion of Said Judge, been thereby secured, the said Judge on evidence of shall refusc his Certificate and report the grounds of his refusal SX": '"**"■ to the clerk of the municipality for the information of his council ; and the said by-law and the debentures that may be issued thereunder, if any, shall thereafter be in the same posi- tion as if the provision of this Act allowing such reference to the Judge had not been passed. Gaption for proceedings. 142 The proceedings to legalize or oppose the by-law may he entitled "In the matter of by-law No. of the Municipality of ," and need not be entitled in any court. If by-law i)ro- 143. If the said Judge shall be of opinion that the said by- law had been duly and properly passed, he shall so certify to the said municipal council through its said clerk, and shall transmit the copy of said by-law, with a duplicate of said cer- tificate endorsed thereon or thereto attached, together with the proofs and evidence filed on the said application or submission, to the Provincial Secretary, the clerk or secretary-treasurer perly passed Judge to certify. 1884. BONUS BY-LAWS. Cap. 11 65 first signing the endorsement " a," and affixing the se.l of the mumcipahty ; and the said Provincial Secretary, at ai^y time certificate, shall on the application of said municipality, sign the endorsement " 6." on any debentures issued b/said mS cipality under the authority of said by-law : (a.) Total amount of the present debt of the Municipality of statement en- the within mentioned By-law No"'^"'"^ ^''^^ ^"^^^^^' under^^nrrea- ^ dollars. The total amount of debt incurred during the last year ^^^ ^ ^'^ dollars. The assessed value of real and personal property of the municipality according to the last revised assessment roll is viz : personal, $ real, $ '*''"^™' The ra,te in the dollar required to be levied for general pur- poses as last provided for is ^ *^~j for interest and sinking fund on account of all other indebt- cQuGSS IS The total present rate for all purposes is the dollar. on The sinking fund formed for the purpose of paying all such indebtedness and now held under investment or to the credit of the municipality amounts to dollars The interest in arrears and past due on the existing deben- ture debt of the municipality amounts to dollars. The number of ratepayers on the last revised tax roll of the municipality is [L. ■.] Clerk (or Secretary-Treasurer.) -Tk"" J^'-* t^''??*''-^. '^ T""^^ "''^^'' *^« provisions of the Certificate of The Mamtoba Municipal Act, 1884," 47, Victoria, chapter P"^' ^«=- I GREAT ) \ SEAL ) Provincial Secretary. 144. The said endorsement signed by '.he said Provincial F""* «' «««■«- Secretary and sealed with the seal of the-^said Province shSlaaffsr^^. 56 Cap. 11. BONUS BY-LAWS. 47 Vic. Indefeasible security . fender the debenture on which it is made an absolute and in- defeasib] security to the lawful holder thereof for the amount of such debenture and the interest, if any, made payable thereon, as against the municipality issuing the same, and shall be absolute proof that said by-law has been legally passed and said debentures properly issued thereundv. ', and it shall not be competent for such municipality, or any ratepayer thereof, or any other person whatsoever to question the validity of any debenture bearing said endorsement, or of any by-law under the authority of which the same had been issued, in any court of this Province. Deposit by contestant. m^^onofby- }^^ ^^® municipality by which said by-law had been sub- i»w to judge, mitted to the Judge as aforesaid shall pay the cost of publica- noticerete! ° tion of the notice of such submission ; and the said Judge shall be entitled to demand and receive from the municipality, for examining said by-law and proofs and making such certificate or report refusing the same, in uncontested cases, a fee of ten dollars ; and where the due passage or validity of said by-law is questioned as aforesaid he shall be entitled to demand and receive a further sum of ten dollars, as a hearing fee on said contestation, to be paid by the contestant or the municipality according to the result ; and any person or persons opposing the confirmation of any such by-law as aforesaid shalf upon filing an affidavit, declaration or affirmation in oppos'tion to such confirlnation, deposit the said sum of ten dollars in pay- ment of such fee in case the said contestant shall fail in his application ; and in case he shall succeed, the said amount shall be returned to him, and the said additional fee shall be payable by the municipality as aforesaid. 146. In case of the affirmance of any by-law being opposed as aforesaid the said Judge may allow such a sum for the costs of opposing or upholding such application, as he shall think reasonable and proper and may give a certificate to the party he may consider entitled to said costs, stating the amount and the person or municipality by which, in his opinion, the same should be paid, and the party or corporation to whom or to which such certificate shall he given shall be entitled to recover the amount thereof as a debt, of which the said certificate shall be prima facie evidence in any court of competent jurisdic- tion ; provided, however, that no such certificate for costs shall be gi^en against any person or persons or corporation who has not had due and reesonable notice of the proceedings before said judge and, in the opinion of said judge, a fair opportunity of refuting any charge of illegal or improper conduct in con- nection with the passing of said by-law. WCtires 1^^- '^^® provisions of Chapter 24 of 44 Victoria, intituled not required. " An Act respecting the Registration of Debentures," shall not apply to any by-law certified to by a Judge under the fore- Costs whore affirmance of by-law- opposed. Proviso. m 1884. DEBENTURES. Cap. 11. 57 gomg sections of this Act or to the debentures issued there- dTbttt W^k'TI^^ ''i ?«^l-ents%rXir^Te^^^ debt, to be both distinguished from all other accounts in the books by some prefix distinguishing the purposes for which trn^ T r*'^*"^ ^^^ '^^" ^«^P ^^« «^i^ accounts, wiJh 7Z.rS *^^* a^J^^ecessary, so as to exhibit at all times the state of every debt and the amount of money raised, obtained and appropriated for payment thereof. 149. If, after paying the interest of a debt and appropriat- « a surplus mg the necessary sum to the sinking fund of such debt, or indllM" augmenting any mstalment of the principal for any financial year, there is a surplus at the credit of the special rate account of such debt, such surplus shall remain and may be applied If necessary, towards the payment of the next year's interest, but If such surplus exceeds the amount of the Lext year's inter- est the excess shall be carried to the credit of the sinking tund account or m payment oi principal of such debt. .i;r^>?f®;w ^ ^K''*T''r"S''''^''''r "^^y' ^y Order-in-Council,Lt..Gov.may (liroct that 3uch part of the produce of the sneoial m**. l«^^^ '**'-«''thow.ir- and at the credi^of the sinkLg f und Loun^or "f tf e s^^^^^^^^ rate account as aforesaid, instead of being invested as herein- after provided shall, from time to time, £ the same accrues be applied to the payment or redemption of any such deU or any part of the debentures representing or constituting such debt, or a^y part of it, and the mimicipal council shall^there- upon apply such part of the produce of the special rate at the credit of the smkmg fund or special rate accounts as so '^it::^^^T' ^ '-''''-' witho^ut^unnecer;s in\!LclTll'a^U^'r^''^r^ ^> '^''^^ ^^^ levied Investment in respect ot any debt and at the credit of the sinking f und ?L'JP'*'?« account or of the special rate account thereof, camiot be i^ "''•'*"• mediately applied towards paying the debt, by reason of no part thereof ^emg yet payable, the municipal council shall trom time to time invest in government securities, or other- wise as the Lieutenant-Governor-in-Council may direct or sanction. "^ v^^icv.^ ur 152. All dftben^.uT'^s' «>"'^ /^f^./^« c^„-;„ij.i--^ i i_ ., ... to be executed on behalf of the corporation, shall unless oth^r f^U *^**i^- wise specially authorized or provided, be s^a l^d wl^rthf seal ^'/^-^^^^ of the corporation, and signed by the mayor, reeve, or by some "^*^^^- i,s4 58 Cap. 11. DEBENTURES. 47 Vic. Counter- signed. Traneferablo by delivery. other person authorized by by-law to sign the same, and countersigned by the clerk or secretary-treasurer, otherwise the same shall not be valid. 163. Any debenture issued under the formalities required by law, by the corporation, payable to bearer or to any person named therein as bearer, may be transferred by delivery ; and such transfer shall vest the property in such debenture in the lawful holder thereof, and enable him to maintain an action there upon in his own name. Valid notwith- 164. Every such debenture, issued as aforesaid, shall be "^^ct" ar ^* valid and recoverable to the full amount, notwithstanding its negotiation by such corporation at a rate less than par, or at a rate of interest greater than six per centum per annum. Portion of a 166. This Act shall not prevent any portion of any mnm- Say tettr- cipality from becoming incorporated as a town under the pro- ^^ated ae a visions of " The Manitoba Town Corporations Act," and where any such portion shall become so incorporated it shall cease to be a portion of the municipality in which it lies, but such town shall pay its just share or proportion of all liabilities in- curred by the municipality before such separation, according as the same shall then appear by the last revised assessment roll. penalty. Settlement belt included in certain cases. Mayor, etc., .166. Any Mayor, Reeve or Councillor refusing to act, uaw^^to ^ **'* after having been duly elected, shall thereby incur n penalty of forty dollars ; which said penalty may be recovered by the mimicipality by an action in any of the courts of this Pro- vince, with full costs, and any mayor, reeve or councillor wilfully neglecting to attend and subscribe to the oath of office as prescribed in this Act shall be evidence of refusal to act. 167. In any case where not otherwise defined, in the des- cription of any municipality or ward, where the township and range are all given, or from the nature of the case it appears necessary, or to have been the intention, to include the settle- ment belt or a portion of it, the line between the lots in the settlement belt most nearly coinciding with such township line (if such township line were produced to the river) shall Meanin of ^® *'^® boundary of such municipality or ward, and in the wOTd '^irish." description the word " parish " shall mean the parish as laid down in the official map. Return of 168. The treasurer of every municipality shall, on or before Scf^iity the twentieth day of January in each year, send <<> the Min- disbu^^mellti ister of Agriculture, Statistics and Health a ccmplete return of all the moneys collected in the municipality or received from the Provincial Treasure:: for municipal purposes, and of 1884. V 59 I BRIBERY AND ILLEGAL PRACTICES. CaP. 11. all money expended for municipal purposes during the year endmg on the thirty-first day of December previU, wiK brief statement of the nature of the works on which such money shal have been expended ; and every such reto shall le certified as correct by the head of the municipality. ,b?i??; T?^ • ''T.''''^': ^""^ ""^V <>ffi*^ers of each municipality security b7 BRIBERY AND ILLEGAL practices. 160. The following persons shall be deemed guilty of bribprv nnh^rv -f. and Illegal practices shall be punished accordiSly^- ^''^-d^pSsr o J • ment therefor. by^Inv^oThZ Srr ""^i- ^Tfl ^'-.i^directly by himself or Givin. money by any other person on his behalf, gives, lends, or agrees to***^""*"- give or lend, or offers or promises any money or valuaWe con^ sideration, or gives or procures, or agrees to give or procure or offers or promises any office, place or employment to, or foro^e""^?? any voter, or to or for any person on behalf of any vUer or to or for any person m order to induce any voter to voT; or •etram from voting at a municipal election, or upon aly b?- law for raising any money or creating a debt upon a munii palifcy or part of a municipality, for any purpose whatsoevS or who corruptly does any such act L LrCald on account ot such voter liaving voted or refrained from voting at Zv such municipal election or upon any such by-law . ^ ^' ^^ bv anv^n?hZ T''''''' ^^J' ^^1'*!? ^'^ indirectly, by himself or Using undue by any other person m his behalf, makes any gift loan offer *"""'°"*'- promise or agreement as aforesaid, to or f or^ Siy pe^^n in order to induce such person to procure, or endea/or to procure the return of any person to serve in any municipal council or tXrr ^^Tr^ "* ^^^ ^^^^ ^y-^^^ ^ afo^resafd or the vote^of any voter at any municipal election, or for any such (3.) Every person who, by reason of any such gift loan a « offer, promise, procurement or agreement, procures ofengages' ^^^" ' ■ promises or endeavors to procurl. the return of any perS^S any municipal election, or to procure the passing of any sucS by-law as aforesaid, or the vote of any voter at^any muS pal election, or for any such by-law ; ^ (4.) Every person who advances or navs nr nai,o-.c *^ i,. .. paid, any money to or to the use of aAy^' other p'e^sori '" witlh ^P'^-*' the intent that such money or any part thereof shall be ex'"'"' '"'• pended in bribery at any municipal election, or at any voting II 60 Cap. 11. BRIBERY AND ILLEGAL PRACTICES. 47 Vic. upon a by-law as aforesaid, or who knowingly pays, or causes to be paid, any money to any person in discharge or re-pay- ment of any money, wholly or in part expended in brioery at any such election or at the voting upon any such by-law ; ingo'?a*^\ng (^') Every voter who. before or during any municipal eLc- for money to tiou or the voting on any such by-law, directly or indirectly, by himself or any other person in his behalf, receives, agrees, or contracts for any money, gift, loan, or valuable considera- tion, office, place or employment, for himself or any other person, for voting or agreeing to vote, or refraining or agree- mg to refrain from voting at any such election or upon any such by-law ; vote. Receiving money after election, etc. Hiring teams. Corruptly providing refreahments. Offence of treating. Personation. Repeating vote. (6.) Every person who, after anv such election, or the vot- ing upon any such by-law, directly or indirectly, by himself or any other person on his behalf, receives any money or val- uable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any such election or upon any such by-law ; (7.) Every person who hires any horses, teams, carriages, or other vehicles for the purpose of conveying electors to or from the polls, and every person who eceives pay for the use of any horse, teams, carriages, or other vehicles, for the purpose of conveying elec rs to or from any poll as aforesaid. (8.) Every person who corruptly by himself or by or with any person or by any other ways or means on his behalf at any time, either before or during any mimicipal election or the voting upon any By-law, du-ectly or indirectly gives or provides or causes to be given or provided, or is accessory to the giving or providing, or pays wholly or in part any expenses incurred for any meat, drink, refreshment or provi- sions to or for any person in order to be elected, or for being elected, or procuring the election of any other person, or the passage of any such By-law, or for the purpose of corruptly influencing such person or any other person to give or refrain from giving his vote at such election or upon such By-law, shall be deemed guilty of the oflence of treating. (9.) Every person during the voting at any municipal elec- tion, or upon any By-law, who knowingly personates and falsely assumes to vote in the name of another person, whose name appears on the voters' list, whether such other person be then living or dead, or if the name of such other person be the name of a fictitious person. (10.) Every person who having already voted at any such election or upon a By-law presents himself again to vote at 47 Vic. or causes r 1 re-pay- bribeiy by-law ; sipal eliic- indirectly, es, agrees, Bonsidera- iny other or agree- upon any r the vot- )y himself ey or val- ^ voted or ' person to upon any rnages, or to or from ihe use of e purpose d. y or with behalf at lection or T gives or cessory to part any or provi- for being »n, or the corruptly or refrain 1 By-law, cipal elec- oiates and on, whose er person person be any such bo vote at 1884. BRIBERY AND ILLEGAL PRACTICES. OaP. 11. gl the same election, or upon the same By-law, and every person who aids, mcites. counsels, or facilitates the ^ommissSfy Z violence or restraint, or inflicts, or threatens the infliSn by himself or V or through any other person, of any Suit damage or loss, or m any manner practices intimidation ipj^ or against any person in order to induce or compel such person to vote or retrain from voting, or on account o^f such person having voted or refrained from voting at any election, oHho erc^e^o7tL^7''"^-°'"^^^^^^ interferes Vith the free ex' St nf , !i franchise of any voter, shall be deemed to be fnKe^l^r^"^^' ^^' '^ ^"'^^^^ ^ ^^^ ^^^''y ^- neme?'fo?thn"f n ^'T^ ^^"^T^^ ?^ ^^^ candidate, his ex- Lawfu, penses tor the actual professional services perfonned and hona^''^R'^'^ slSlffihrit/^'':.'"^ ^^«* °^ P"^*^'g -d ad^^rtis^g"^^"'"'^ shall beheld to be the expenses awfully incurred and thp payment thereof shall not be a contraventL ofXs A^ .nl^'rT^^^''^' '"^ ^ plication in the nature of a quo w;ar- Evidence to b. ante or upon any petition to set aside a municipal election, SS^^.'ioc. a^ to whether the candidate or any voter has been guilty of any violation of section one hundred and sixty or one hundred and sixty-one of this Act. affidavit evidence sLl not bTused . to prove the offence, but it shall be proved by viva voce evidence taken before the Judge of any County^ Court, or by an examiner upon an appointment granted by hiiA in cases pending in such County Court. y nim in ,-, fn?!!S'^^''^.''^v'^'i*®.®^^'^*®'^ ** '^y municipal election, who Penalty on IS tound guilty by the judge upon a trial upon a writ of auo "'"^^**"''' ZZfTC petition to set aside a municipS election of a^ flfl ^ "^Z ''''f ^T^ "°^"^ influence, as aforesaid, shaH forfeit his seat and shall be ineligible as a candidate at any municipal election for two years thereafter. ^ nJt^^' ^i-PT^"" "^^^ '^ adjudged guilty of any of the Additional offences within the meaning of said sections one hundred and ^^°'^"*^^- I" ino,^;!;!.! ^? T ^'^^'l^ *^^ fifty-nine of this Act, shall ImUlf Ji r i^ ""^ "J-i ^T! *^^^ *^^ ^^^ ™«^« *han fifty dollars, an.l shall be disqualified from voting at any municirJelection _ or upon any by-law for the next succefidinL- f wn ,. " tTLia va 166 or .66. The penalties imposed by the last preceding section Recovery of by any other section of tbig Act. in resnent h. Zhioh ^^p''''*"*^. tbi^ Act, in respect to which no ' 62 Cap. 11. BRIBERY AND ILLEGAL PRACTICES. 47 Vio. Diaqnalifl- cation upon Judgmont ^11 1 special provision is otherwise made, shall or may be recover- able, With full cost of suit, by any ratepayer of the raunici- pality who may sue for the same by action of debt in the County Court having jurisdiction where the offence was com- mitted ; and anv person against whom judgment is rendered shall be ineligible either a« a candidate or municipal voter until the amount which he has been ordered or adjudged to pay is fully paid and satisfied. Judge to make j^^ jt ghall be the dutv of the judge who finds any candi- date guilty of a contravention of section one hundred and fifty- eight or one hundred and fifty-nine of this Act, or who con- demns any person to pay any sum in the County Court for any offence within the meaning of this Act to report the same forthwith to the clerk of the municipality whex*ein the offence has been committed. Clerk to keep 168. The clerk of every municipality shall duly enter in a ^mes'^of* per- '^ook to be kept for the purpose, the names of all persons sons guilty, etc within his mvmicipality who have been adjudged guilty of any offence within the meaning of sections one hundred and fifty- eight and one hundred and fifty-nine of this Act, and of which he has been notified by the judge who tried the case. 169. Any witness shall be bound to attend before the judge of the County Court upon being served with the order of such County Court judge nr a subpoena issued by the clerk of the County Court directing his attendance, and upon payment of the necessary fees for such attendance in the same manner as if he had been directed by a writ of aubpoena in an or iinary cause so to attend, and he may be punished for contempt, and shall be liable to all the penalties tor such non-attenJance in the same manner as if he had been served with such sub- poena. excused on c°r- ^^0. No pcrsou shall be excuscd from answering any tain grounds, question put to him in any action, suit, or other proceed- ing in any court or before any judge, touching or concerning any election or by-law, or the conduct of any person thereat, or in relation thereto, on the ground ot any privilege, or on the ground that the answer to such question wiii tend to crimin- ate such person ; but no answer given by any person claiming to be excused on the ground of privilege, or on the ground that such answer will subject him to any penalty under this Act shall be used in any proceeding under this Act against any person, if the judge gives to the witness a certificate that he claimed the right to be excused on either of the grounds aforesaid, and made full and true answer to the satisfaction of the iudfire. Attendance of witnesses. Fees. Provito. Limitation actions. of 171. All proceedings other than an application in the nature of quo warranto against any person for any violation of seq- 1884. COUNCIL MEETINGS. Cap. 11. 63 Act"?; i!.v^nfT'T.P^"l*^ ?'' forfeiture imposed by this Vo ,K,„ai.v Act or any other Act of the Legislature of Manitoba shRll f'^ ''^'^^^""^ l>e recoverable for any act of bribery or coriLrpr^tce at ^ "o^- ''""•""• election, m case it appears that the person charKefand anoth^ eitner as giver or receiver, or as accomplice or otherwise Lc] that the person charged has previousfy bona ^rZseVted but tht " P -'" 'i ^'^^"^ '' ^^y «f *h««^ for thrsaTd act but this provision shall not apnlv in case fhfl Tnrir,! k * ' whom the person claiming the^LS tw' sSged't""""^^ took /Jr« i "i"^"^ appears to him that the person so dmrged Wd and th«f P '7^'^' ^^' cor,missiSn of the oSe elect^?n or^'vnSn^^on''^ "''t'^, "^"^j^^^P^liky «hall. prior to any Copies of sec. election or voting on any by-law, furnish each deputv-retum J*""*! P.*« "» Zw'h 7''^ ^* ^'t *r ^^P^^« of the sectionsC^thTs Sl^^f-tr sevTntv fir"lT-^r^-'^'^ "^"^ «^^^?^ *o o°e hundred and '"^°'^'='"- seventy-three, both inclusive, and shall also post at least two 174. Every Council shall hold its ordinary meetings onenlv ,, .. S?tZrT '""t ^^ f ^^^^^^ ^^««P* for iVoper^ on^^^^^^^ out the head or other chairman of the Council may exuel and °'^°- exclude from any meeting any person who hL m^tv of improper conduct at such meeting. oeen guiity of 176. A majority of the whole number of members reauired ouornn, by^W to constitute the council shall be necessary ^C a' other members on all questionsf and any question on whch there :s an equality of votes shall be deemed to be negatived m^Jlhl^^f^^^^ °^ 7^-^. ''''''°"^' o"^ ^^ hi« absence the chair- ^?-^ «' ^om- rrLrnl ™^^ ad«^™«ter an oath or a^rmation to any lit^'eVtat"'- the cou^cS? ^ ^^ account or other matter submitted to °^^''- 178. In case the remuneration of any of the omcera Jtnumci ipality hm 09t been settled by Act of the 'legislature' of the Salaries officers. of 64 Cap. 11. FORM OF BY-LAWS, ETC. 47 Vie. II ! I W' Proof of bjr-law. th«i (W the council shall settle the same, and the council shall provide for the payment of all municipal oflScera, whether the remun- eration IS settled by statute or by by-law of the council. ppomt- 179. No municipal council shall aosume to make any ap- ment wbe pointment to off.ce, or any arrangement for the discharge of tender.^ the duties thereof, by tender or to applicants at the lowest remuner ition. By-laws to b« 180. Everv by-law shall be under the seal of the corpora- un er sea ,e •. ^^^^ ^^^ shall be signed by the head of the corporation or by the person presiding at the meeting at which the by-law has been passed and countersigned by the clerk or acting clerk of the corporation. ' 181. A copy of any by-law, written or printed, without erasure or interlineation, and under the seal of the corporation and certified to be a tr".e copy by the clerk and by any mem- ber of the council, shall be deemed authentic, and be received as prima facie in evidence in any court of justice without proof of the seal or signatures, unless it is specially pleaded or alleged that the seal or one or 'both of the signatures have been forged. ^?^iaw?what 182. Every promulgation of a by-law shall, when deemed to consist in. ngcessary by the coimcil passing the same, which shall be signified by containing such direction in said by-law, consist in the publication, through the public press, of a true copy of the by-law and of the signature attesting its authenticity, with a notice appended thereto of the time limited by law for applications to the court to quash the same or any part there- of ; and the publication aforesaid shall be in a public news- pap<^r published within the municipality, or if there be no such newspaper, then in a public newspaper published in the Province ; and the publication shall, for the purpose aforesaid, be continued in at least one number of such paper each week for three successive weeks. Notice of by-law. Form. 183. The notice to be appended to every copy of the by-law for the purpose aforesaid shall be to the effect following : Notice. — The above is a true copy of a by-law passed by the municipvd council of on the day of 18 ; and nil persons are hereby required to take notice, that any one desirous of applying to have such by-law, or any part thereof, quashed, must make his application for that nurr»ose to one of the .jndgres of the Court of Queen's Bench before the end of the Term following thif;* notice or he will be 1884. QUASHING BY-LAWS. Cap. n. 66 too late to be heard m that behalf; and take notice that such Term commenceH on the day of next. 0. H., Clerk. 184. In case a ratepayer or any person interested in a by- Application to law, order or resolution of the council of a municipality ('oMcr ''""'• •''^''•^ than a city) applies to the Judge of the County Court hdving jurisdiction m the municipality, and produces a copy of the by-law, order or resolution to said Judge certified under the «!? °^ *^® *'^®*'^ ^"*^ under the corporate seal, and shows by affidavit that the same was received from the clexk, and the applicant is a ratepayer and interested as aforesaid, the Judge, after at least ten days' service on the corporation of a sum- mons to show cause in this behalf, may quash the by-law order or resolution in whole or in part for illegality ; and ac- cording to the result of the application, award costs for or agamst the corporation on such scale as he shall think proper. resolution m whole or in part, shall be entertained by any a' nthl application to quash any such by-law, order or To be made . "*'»• upon any application +o bo made in conformity with thr pro- visions hereinbefore contained. 187. Upon the tria^ of any petition against the election of luegai votes a mayor, reeve, or councillor or against any by-law voted Sff.'' "^ ""'°'' upon by the ratepayers under this Act, there shall be struck off from the number of votes given for any candidate or for or against such by-law one \ote *or each person who shall have been proved to have voted after having been guilty of bribery or undue influence, corrupt practices, treating, or per- sonation at the instigation of the candidate or of one of his agents or of any person acting in the name or in the interest of such candidate or acting for or against such by-law, as the case may be. 188. Before determining any application for the quashing J"'5'jjF "^^y of a by-law upon the grounds that any of the provisions of witnMsS'^ *°* this Act have been contravened in procuring the passing of *'°*'^*^' the same, if it is made to appear to a judge of the said county vjourt that piouttbie ground exist for a motion to quash such by-law, the judge may make an order for an inquiry to be held, upon such notice to the parties affected as the judge may 6 ■tj Ob Cap. 11. QUASHING BY-LAWS. 47 Vic, Judge may quoin by-law and award costs. II i Proceedings 1 1 on by-law stayed. ' 1 '» V Appeal to i Queen's Ben li. By-law be- comes valid after one month, etc. Taxes ff be due fro' Ist Jan, direct concerning tl^.e said grounds before him, and require that upon such inquiry aL witnesses, both against and in support ot" such by-law, be orally examined and cross-examined upon oath before the said judge. 189. The said judge shall thereupon, if the grounds there- for appear to him to be satisfactorily established, make an order for quashing the said by-law, and he may order the costs attending such proceedings to be paid by the parties or any of them who have supported said by-law upon such scale as he shall think fit ; and if it appears that the application 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, upon such scale as he shall think proper. 190. After an order has been made by the said judge directii^g 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 application in respect of which the inquiiy is directed ; but if the matter is not prosecuted to the satisfaction oi the judge be may remove the stay of proceedings. J 191. Any decision or order of a judge upon any such appli- cation 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, order or resolution, if such order has been made not less than ten days before the first day of such term or during any term or at the second term after t'ne making of such order if the same has been made out of teim and within ten days before the first day of the next term after the making of such order. Such appeal shall be had according to the practice prevailing at the time with reference to appeals from a County €ourt, save that it shall not be necessary first to apply to the judge of County Court for a new trial, rehbdring, reversal or variation of his order or decision. 192. In case no application to qur.sh any by-law is made before the expiration of ^ne month next after the third pub- lication of such by-law and notice as aforesaid, the by-law or so much thereol: as is not the subject of any such application, or not quashed upon such application, so far as the same ordains, prescnbes or directs anything within the proper competence of the council to ordain, prescribe or direct, shall, notwith- standing any want of substance or form, either in the by-law itself or in the time and manner of passing the same, be a valid by-law. 193. The taxes or rates imposed or levied for any year shall be considered to hq.ve been imposed and to be due on 1885. riNES AND PENALTIES, Cap. 11. 67 and from the farst day of January of the then current year and end with the thirty-first day of December thereof, unless otherwise expressly provided for by the enactment or by-law under which the same are directed to be levied. ^^- In case any offence is committed against a by-law of offences a council, tor the prosecution of which offence no other nro- Wi-''^^ vision 18 made any Justice of the Peace having jurisdiction in '''"" the locality where the offender resides or where the offence was committed, whether the justice is a member of the coun- ofer ""^^ ^""^ ^""^ determine any prosecution for the u,? . .T,?T^. ^''- '''' Pf^alty imposed by or under the author- Recovery and ^•^^ \i ^ 7 T^' ''''^®'^ "^^^''^ °*^«^ provision is specially ^?[,°naiSlf made therefore be recovered and enforced with costs by sum- °'^'''*'"''- mary conviction before any Justice of the Peace for the county or ot the municipality in which the offence was committed and m default ot payment the offender may be committed to the common jail, house of correction, or lock-up house of such municipality, there to be impTisoned for any time in the dis- cretion of the convicting justice, not exceeding, (unless where other provision is specially made) thirty days, with or without hard labor, unless tine and penalty and costs, including the costs ot the committal, are sooner paid. 196. The justice or other authority before whom a prose- Penalties cution IS had, for an offence against a municipal by-law inav 'mposed by convict the offender on the oath or affiraiation of any credible ""' witness, and shall award the whole or such part of the penalty or punishment imposed by the by-law as he thinks fit, with the costs of the prosecution, and may by warrant, under the hand aad seal of the justice or other authority, or in case two or more justices act together therein, then under the hand and seal of one of them, cause any such pecuniary penalty and costs if not otherwise paid, to be levied by distress and sale of How levied, the goods and chattels of the offender. 197. In case of there being no distress found,out of which commitment the penalty can be bvied, the Justice may comit the offender *■* default, to the common jail, house of correction, or nearest lock-up house for the term, or some part therecx, specified in the by-law. 198, Unless otherwise provided, when the pecuniary pen- Apniioation alty has been levied under this Act, one moiety thereof shall "^ - go to the informer or prosecutor, and the other muiely to the municipal corporation, unless the prosecution is brought in the name of the corporation, in whicl^ case the whole of the pecu- ' niary penalty shall be paid to the corporation. G8 Cap. U. FINES AND PENALTIES. 47 ^'!C. Who may be witnesses. Ratepayers, eto., com- petent as witnesses. May be chal- lenged as jurors. Compelling witnesses to attend. Form of con- viction under by-laws. 199. Upon hearing of any information or complaint exhib- ited or made under this Act, the pei-son giving or making the information or complaint shall be a competent witness, notwithstanding such person may be entitled to part of the pecuniary penalty on the conviction of the offender, and the defendant, and the wife or husband of such person opposing or defending, shall also be competent witnesses ; and all the said persons shall be compelled to give evidence on such hear- ing. 200. In any prosecution, suit, action or proceeding in any civil matter to which a municipal corporation is a party, no ratepayer, member, officer or servant of the corporation shall on account of his being such be incompetent as a witness ; but they and every of them, shall be liable to challenge as a juror, except where the corporation, the arty to such prosecution, suit, action or proceeding, is a municipality. 201. In prosecuting under any by-law, or for the breach of any by-law, witnesses may be compelled to attend and give evidence in the same manner, and by the spme process as wit- nesses are compelled to attend and give evidence on summary proceedings before Justices of the Peace in cases tried sum- marily, under the statutes now in force, or which may be here- after enacted. ^ CO^^VICTIONS UNDER BY-LAWS. 202. It 1 ill not be necessary in any conviction made under any by-law of any municipal corporation, to set out the information, appearance or non-appearance of the defendant, or the evidence or by-lp w under which the conviction is made, but all such evidence may be in the form following : — FORM No. 3. Province of Mavitoba, ) Be it Remembered County of V that on the day of .To Wit. J , A. D. A. B. is convicted before the undersigned, one of Her Majesty's justices of the peace in and for the said county or Province, for that the said A. B. {stating the offence, and time and place, and when and where committed), contrary to a certain by-law of the municipality of passed on the day of A. D. and intituled (reciting'the title of the by-law) ; and I adjudge the said A. B., for his said offence, to forfeit and pay the sum of to be paid and ai^rilied aceordin"" to law, and also to pay to G. R, the' complainant, the sum of for his costs in this behalf. And if the said several sums are not paid forthwith {or on or before 1884. EXECUTIONS AGAINST MUNICIPALITIES. Cap. 11. f:rder that the satrbe levied by distre^t^TaleT S goods and chattels of the said A. B- and in default ot" suffi- cient distress. I adjudge the said A. B. to be imprisoned in the loru'pT''*''^^""'^^^ .. Kin the public locK-up at ) for the space of days with or without hard labor, unless the said several sums and all costs and charges of conveying the said A. B. to such jail {or lock-up) are sooner paid. ^ wrftiirj"'^"' ""^ ^^""^ ^""^ '^^^'^^^ ^^y ^^^ year first above written at ^ m the said county. 69 J, M., J. P. [L. S.] EXECUTION AGAINST MUNICIPAL CORPORATIONS. miV 5^^,"^^^^ «^^" deliver a copy of the writ and endorse- sheriff to rSw houVrZr'ffi ' le^ye «uch copy at the office or ard"^^"' aweiiing-house ot that officer, with a statement in writing of f***^'"^''* »« the sheriff's fees, and of the amount required to satisfy^u^ execuion, including in such amount the interest calcu- lated to some day as near as is convenient to the day of ser- menilonX''fho%T'^*;'^^*^ f *'^'/* *^"''^°" from the day if claim not mentioned m the statement, IS not paid to the sheriff within P.**t«*''''"^«'"» one month after the service, the sheriff shall examine the ^""*^"*^- assessment rolls of the corporation, and shall in like manner as rates are struck for general municipal purposes strike a rate sufficient in the dollar to cover t^he aLSnt due on he execution, with such addition to the same as the sheriff deems sufficient to cover the interest, his own fees, and the trea- bravaiFabir'' ^^'''^*'' ^^^^'""^ when such rate will probably un£i htltf^f^^\^^ri^''''^'''' ^ P''^««P* «^ precepts, Sheriff's under his hand and .seal of office, a.rected to the treasurer of r^'^^P'*" the corporation and shall annex to .very such precept "he roH " .^Ti,.""!^' ^"d^h^l! by su'^h precept after reciting the writ and that the corporation had neglected to satisfy the same, and referring to the roll wnnPYorl fr. fk^ 1 , ,V treasurer to levy or cause to be levied, such rate at the time a^ud r t ^^^^'^ ^^ '^^ required in respect of the general 70 Cap. 11. EXECUTIONS against municipalities. 47 Vic. Execution. Rate rolls. Surplus, (4.) At the time for levying the annual rates next after the receipt of such precept, the treasurer shall add a column to the tax roll headed " Execution rate in A. B. vs. the Municipal- ity." {or as the case may be, adding a similar column for each execution if more than one), and shall insert therein the amount by such precept required to be levied upon each per- son respectively, and shall levy the amount of such execution rate as aforesaid, and said treasurer, so soon as the amount of such execution or executions is collected shall return to the sheriff the precept with the amount levied thereon. (5.) The sheriff shall, after satisfying the execution and all fees thereon, return any surplus, within ten days after receiv- ing the same; to the treasurer, for the general purposes of the corporation. be^offlcers'o/" 20^- The clerk, assessors and treasurer of the corporation the court in shall, for all purposes connected with carrying into effect, or cee^lnKs. ^^°' permitting or assisting the sheriff to carry into effect the pro- visions of this Act, with respect to such executions be deemed to be officers of the court out of which the writ issued, and as such shall be amenable to the court, and may be proceeded against by attachment, mandamus or otherwise, in order to compel them to perform the duties hereby imposed upon them. ^ Contracts by 205. In case a member of the council of any municipality, mfmbers with .,, . , . • .t_ e ±1 i -j-i corporation either in his own name or in the name 01 another, and either ^° ' alone or jointly with another, enters into a contract of any kind, or makes a purchase or sale in which the corporation is a party interested, and which is on that account void or void- able in equity, the same contract, purchase or sale, shall also be held void at any action at law thtsreon against the corpora- tion. statute labor. !>' >'i^1 Persons ex- 206. No person in Her Majesty's military or naval service statute ^labor. on full pay, or on actual service, no clergyman or school teacher actually engaged in their profession, shall be liable to perform statute labo"ur or to commute therefor ; nor shall any non- commissioned officer or private of the volunteer force, certi- fied by the officer commanding the company to which such volunteer belongs or is attached as being an efficient volunteer; but these exceptions shall not apply to any of the above named persons who rire assessed for real property. an"in ^what^^ 207. Every male inhabitant of a municipality of the age of ratio. twenty-one years and under sixty years of age, who is not otherwise assessed, and who is not exempt by law from per- forming statute labor, shall be liable to one day of statute 1884. STATUTE LABOR. Cap. 11. 71 ouncUstll T ^''^ '"^'^^'^^^'^ ^'^ *^^ municipalitv. and no reaTrL^fnL^rK-*'"^-P^^r..*° ""^"^^ the statute labor beln adopted '^" «^^ ^ '^^ '^' statute labor clauses have pr?Sw\eS\'^'" ^ T^'Pu^ ^'""^ *^^*^^ ^«t^« lastcertmcateo, preceding section named unless he produces a certificate of p^''°'''"*°°*'- his having performed statute labor or paid the tax elsewhere ex^Lf b^l^wTn '^^'^^'^ a municipality (not otherwise Proportion of exempted bylaw from performing statute labor) who has ?'*'"'« •'''""• been assessed upon the assessment ?oll of the municiJI tv f r """""*" amount of such assessment, as follows :— ^ (a.) Every person a^ssessed in the aggregate for five hun «^ . ^ dred dollars and upwards to one thousand ddlars, two days? "'" to^fi/f^^''^'"^!^??,"^''^^ ^""^ ^"^^^«d Jollars,one day up Add one day to two thousand dollars, and one day for evorv addiHnnS r''«^to '^ thousand dollars upwards of two thousand dolllrs!^ additional i,ooo. etc. (c.) In municipalities where lands have been sub-divided rark and into park or town lots, the council may direct a less rate to ^'^"^ '"'^• be imposed by a general by-law afltecting such lot Provided always, that the council of by a by-law operating generally and the number of days labor to which all the assessment roll or otherwise shall be that the number of days labor to which shall be in proportion to the amount at Provided also that such rates shall be the aggregate valuation of any person so cipality; any municipality by Ratable re- ratably, may reduc"e S°b7bV the parties rated on ''*^- respectively liable, so such person is liable which he is assessed; imposed according to assessed in the muni- th^^^'JJaiT''''^ i-^""^ municipality, may, by by-law direct Con,„,utation that a sum not exceeding one dollar and fifty cents a davsh«ll ''"''.,^^ *^-^ be paid as commutation'of statute labor, in wh^Jh cafe the ''" commutation tax shall be add. d in a separate column n he taxes I'e collected and accounted for like other <6l«- Provided alwn.vs thof onxrn°»'°'>" .^-^-:-: x- . -. . fhaii. u<-of„f^ 11. u fl 1 " — 11 "'-^ P'-'"^" ^^csixUig Lu commute S,i.l» Perdav their statute labor shall be allowed a reduction o1 twenty-five Jn?o"A?h^'''^'" cents per day, if paid within one month after the final revision 01 the assessment. ^vimuu ¥?i{pi 1 1 1 72 Cap. 11. STATUTE LABOR. 47 Vic. ild ■ !< < n Where no by- 213. Where no such by-law has been passed, the statute tfon 'tLM^^per labor in municipalities in respect of lands of non-residents day- shall be commuted at the rate of one dollar and fifty cents for each day's labor. Labor to be pertormed on notice. Penalty for non-perform- ance. 214. Any person liable to perform statute labor under the provisions of this Act, not commuted, shall perform the samu when required to do so by the pathmaster or other officers of the municipality appointed for the purpose ; and, in case of neglect or refusal to perform such labor after six days' notice requiring him to do the same, shall be held to have commuted for such statute labor at the full rate of commutation in force in the municipality for each day's labor, and such commuta- tion shall be collected and accounted like o'her taxes, but any person obliged to perform statute labor in virtue of sec- tion 207 of this Act so neglecting or refusing to perform the same shall incur a penalty of three dollars, and upon summary conviction thereof before a justice of the peace, such justice shall order the same, together with the costs of iie prosecution and distress, to be levied by distress of the offender's goods and chattels, and in case there is no sufficient distress such offender may be committed to a common jail, house of cor- rection, or nearest lock-up house, and there put to hard labor for any tin>e not exceeding five days, unless such penalty and costs an(3 the costs of the warrant of committment and of conveying the said person to the common jail )r other place of confinement are sooner paid. Penalties pay- 215- All sums and penalties, other than costs, recovered surer.*** *^'^* Under this last section, shall be paid to the treasurer of the local municipality, and form part of the statute labor fund thereof. Non-residents. 216. No non-rcsident who has not required his name to be mmSd'to per'^^ts'^^d on the roll shall be permitted to perform statute labor form statute in respect of any land owned by him, but a commuta- * °'' tion tax shall be charged against him according to its assessed value ; and, in all cases in which the statute labor of a non- resident is paid in money, the municipal council shall order the same to be expended in the ward where the property is situated, or where the said statute labor tax is levied. When non- 217. In case any non-resident, whose name has been en- mfiteT but do tercd on the resident roll, does not perform his statute labor, ia°bor!*"^^'°''" or pay commutation for the same, the pathmaster in whose division he is placed shall return him as a defaulter to the clerk of the municipality, before the tenth day of September, and the clerk shall in that case enter the commutation of statute labor against his name in the tax roll ; and in ali cases, both of residencs and non-residents, the statute labor shall be rated and charged according to the assessed value, Settlement of questions be- tween munici- palities not made referable to Judge. 1884. ROADS AND EXPROPRIATIONS. CaP. 11. 73 218. The Reeve or Mayor of the municiualifv ^hflll i« hia own municipality, be .. o>c^o Justice of fffce t, "3^^^^ j^^^^^^ have like powers as are exercised by Justices of the Peace cKt m0^4LlL\Erwii^^fll ^""^^ •^•' r'^^ ^ ^PP«^"* one or Appointment Kof^^T J . ^^^"'''"^"P^^'^^^^'Whose duty it shall °' '"'""*»^'«'^ be to enforce and maintain law and orcler, and who shall per- S>Tncnshal W^^^^ appertaining to ' constables an/the i.ouncil shall have the power, from time to time to remove such constable or constables for any misconduct 'in oE or for other cause, and may also regulate the fees to be L^d constables, subject to the statute in that behalf. ^ 220. All questions not made referable to a court or Jud^e arising between municipalities, may be referred to thprnw!; Judge or Acting Count^ Judge of V dTsS within Xct such disputing municipalities shall lie, or to the judicia7 dTs trict board of said district, as the said municiSies shS decide upon; and in case of such disputing mCicipaUtit being in different judicial districts, the reference may K the County Judge of either district, and the decision o? the said board or Judge referred to shall be final, and may be enforced by mandamus or other suitable process of law^ from orin orJud^e.a, wiuun one month alter the first publication thprpnf no c,f««^ name sole .aid, he opposite party does not Ltityto ?he corpL^ion h^^^ acceptance of the sum so offered bv them- or noSv fh.l ? tt ISTctir^Z "'°" '^ »'- artSlto The^' i^^£^^St?5^L=r^ . ^f tht Act*'' P""''^"^^ ^"^^ ^^ asVovidedVsec?r224 aw^fded^raSTnl'fnT^ ''"^ "^ '^^^ compensation so o„ payment corTl ^ "P°^ *° *^® Pa^<^y entited to receive f^p'"- lender of same or upon payment into the said County Court of the=V"ty amount of such compensation or award fhp J\\ ■ • ,.. °"^y tX po shflll fnrf>„«;+i, u , "\ ^^^a^^^^. tine said municipahtv session snail forthwith have power to take possession of the said l«nrl« or to exercise the right or to do the thing for which such com ' pensation rent or award has been made fr agrled upon andTn the ca^e of resistance or opposition the said iudL^e mav unonnn plication by or on behalf of the mnnin.innl^.^^o' ^^^ "?°" ^P^ 01 the said award and such -resistance 'oVTpnosSon^.'i./T warrant to the proper officer forthwUh to pE he sai^^^^^^^^^ cipahty in possession of the said lands. '''''" P08- i ii 76 Cap. 11. EXPROPRIATION. 47 Vic. Or may deposit 232. If there is reason to fear any claims or encumbran- awaM.* ^^^> "'^ ^^ "-"y P*^y ^ whom the compensation, or annual rent or any part thereof is payable refuses to execute the proper conveyance and guarantee, or if the party entitled to claim the same cannot be found or is unkijown, or for any reason it may be deemed advisable, the said municipality may pay such compensation into the office of the County Court in the judicial division within which the said lands may be situate, with interest thereon for six months, and may deliver to the clerk Agreement or of the said court an authentic copy of the conveyance, or of lent to title, the award or agreement if there be no conveyance, and such award or agreement shall thereafter be deemed to be the title of the municipality to the land therein mentioned free and clear of all previously existing encumbrances. Notice of de- 233. Such notice as the said Judge may dir^ict .shall be given gfven!" of the said deposit, calling upon all persons entitled to said lands, or any part thereof, or having any legal or equitable interest therein, or representing the interests of any party so entitled to file their claims to the said compensation, or any part thereof, and all such claims shall b>.* received and adjudi- , cated on by the said Judge, and the said proceedings shall for ever bar all claims to the lands, or any part thereof, of every nature and kind whatsoever, and the courts shall make such der" di"riL°'' order for the distribution or payment of the said compensa- mentTnto*^' ^^^'"' ^^ ^^^^ *^® ^mQ be deposited to await distribution and Provincial payment in the hands of the Provincial Treasurer and for securing the rights of either parties interested, and as to payment of costs of proceedings, as to right and justice may appertain. Proceedings to 234. The provisions contained in the foregoing sections 5S?Kio5s^'''221, 222, 223, 224, 225, 226, 227, 228, 229. 230, 231, 232, and 233 shall apply to all proceedings by municipalities for the appropriation and expropriation of any lands that may be necessary for public use of the inhabitants of such municipality or for any municipal purposes whatsoever, which said lands it is hereby declared to be lawful for such municipaP'^y to exDropriate for such purposes in the manner hereiii before provided. FEES OF MUNICIPAL OFFICERS. treasury. wise agreed upon. Fees to belong 236. All fees and charges for searches, certificates, copies of ^iTss^other"-"' documents or other services required from or to be rendered by any clerk, treasurer or otl er municipal official, and pay- able under any provisions of this Act, shall be considered as having been received for the corporation by whom such clerk, treasurer, or other official was appointed, unles.s where it is otherwise expressed in this Act or agreed upon bctwees the council of such corporation and such official in fixing his sal- ary or remuneration. W'% 1884. itab!? it ia ASSESSMENT. ASSESSMENT AND COLLEOTION OF TAXES. Cap. 11. n Febfu^arv inTacT v"P'f^^ '\^"v^" ""' ^^"^'^ *h« first day of Mun.cnaHt, reuruary 111 each year, furnish the assessor or flja«nuo^y '"'«'•"'«'» /ou appointed w th a printed anrl r„l«i ft. T assessors so tott«w«or. in conformity witEFom No 4 to ^hT ""a T'^'^'Tl''^ roll diligent inquiry and aided hv ,- w""^' '" T^»ch, after mentioned. Se or thev shall ^li f^ statement hereinafter therein required to beVnfc:!L^^^^^ ^^^'^ '^" *^« information stallLYroXtiiTn^^^^^^^^^^ "'^ ^™^ ^"™^- %-n-'«- of the -nicipairbefo^^^^^^^^^^^^ cup^d or non-resident irtlfsTitte'rU'rel^^^^^^^^ ^en unknown, and mo unoccupied land «hall be res'od to excWelwr?rrn.''nr'?P^'^ ^^'''^' ^"^ ^" lands used Vacant ,a„ds exclusively tor taim or garden purposes shall be taxpd „, J« b* ^^^edan farm property ; provided, howeve?, that no suVpropeitlf ™''''''- hrtot/ «*; *T %b"^l«^"g Jots shall be so asses? d^tLf be^intLr :ftnTcVef "'^^ ^'^ ^"^^^^ ^^ «^-^ «hS5 towns^'slmll rlf *^*'^ Municipalities other than cities and Far™ land aSfn^; "''^•'^ according to the value of the land fo>''^"-"-« agricultural purposes in an nimproved state. nena^ reason to doubt its accuracy, and he shall discriminafp .V\""* \ as to the property mentioned therein which is legally ^S^^^" or otherwise, and may assess such person for such amount of rec ","„^,r«--l.P^-Perty. as he b^elieves to be just'nd eor to oVn or ocLrif Sr"' "^T ^''^'''^ "^^^ ^^ <^'-^^ . "wn or occupy, it the assessor has reason to believe thaf >,« ':^^\1^';X'^''''^'''^^''^^^^''^^ to betjelse'd^o? obt^tned^VL" '''^Tk^*^'"^'^^^''^ ^^" «"«^ assessment is Notice of aa- tTJ^ZTJ^l'^lZl''}''^.^. i^?- reasonably be done,IiTer"aU°^ bv namoTf fi^r ^■- =" ;^=-^^ --^ «""^t "V^^^ «»^^" person assessed, SvfnT *»' oy name, ot the amount and particulars of his or her assess ment according to Form No. 5, and said notice in the c^eof non-residenta having no known and duly authorized aCt or 78 Cap. 11. ASSESSMENT, 47 Vic. person in the municipality, shall be mailed to the address of the party assessed, if known.or otherwise to the address of any known authorized agent residing out of the municipality. Awessor to 242. It shall be the duty of the assessor to ripke eioh Xton Land"" enquiries at the Dominion Land Office as will rr-Ms ' ax to Office. assess ell lands that have become liable to taxatio ■ - expenses attending such search shall be paid 1 ^ cipality. ^ the luni- 11 1884. s o Eh !?; ;^ w 00 00 H Oh O C H ASSESSMENT. Cap. 11. i IM.I . LI lojnj. •uon ;o -ox JO aiun>i 55 O diqiitiMox •oiiuBii 10 f JO -ON o ■a I? ^ I •aay •uonBdnooo •jnapjsaj-uo^i luapjBoji JOpiOTJOBnOJI JO jut»dno,j{) •junuox I M9U.ttO td •WMOHI 'ilOHJUf{ io-o>i •ii»OH __;o 'ON JBunoX •8M00 •UOXQ psjaisiJSo^ •qwie m g ^ ^ JO bXbq ;o 'OX f ' 80 Cap. 11. ASSESSMENT. 47 Vic. / n • ^s •joqeq ajmwjg 1 JO eAva JO -OK 1 H •Wox •Xn.aia,! K 3iqBXBX ^ S •jJll.sjad p.^dui.xa >o 1 6 ;?; •l^H •U0|} ai -BApina tf japun o P»H < •Wox •pOpOOM 1 eojov JO 'ON. dj.BUAlOX S»; O •eSuBa •uono^S en O jo-oji a s Ui 1 (^ 1 (tl ^ . O iz •o3v 1 o •juBdnDO,) i !>^ •iuapis9i-uoii H h- 1 1 1 •^uapis^H •lUBtiax Q ■J3UAV0 P ^ .• ;^ OCCU TIO] jaqmuii 188*- - - ASSESSMENT. ^ QaP. U. % 243. In case the assessor fails or oirifc frv ,-«c^-<. • !.• n any of the information requir d bvTi p f /m \" A'' "^^^ ^"^""^^ °' ««■ mvpn ni,/ «,i,;„ir -x V^4V^\-<^ oy the torm (No. 4.) herein ^®'""' to ^"sert given, anci which it, shal) havp Hoon i»> i- -' "^^ proper particu- obtain or to nn+J^r +v, v, i ^ ^^ ^^'^ P^'^er toiareinfou. . competent jurisdiction in the distric in whS 3 nunicf pahty IS situate . said ii> formation may be laid or su t brouThV • by any ratepayer of such municipalit/or the MinlSof S in thatY^lf ''^"^ Health.or ly any one aSr Led by f fm\^.^° -X such mformation shall be laid or suit brou-rhrbut within sS months from he time of the completion and return of sad [pi st h fnf '^ ?^ ^^' municipality ; and that any party a^ ing such information or bringing such suit shall on f ailu^To Coate. prove the same in the discreiio^ of the justice or cou-ttrt mg the case, be liable to pay the costs of s^uch proceedTngs ^" 244. It shall be the duty of the clerk of the municipality upon the return to him of the assessment roll at once to examine the same, and point out to the said assessor any errors or omissions appearing therein, so far as said clerk ihall be Sono??i'rT-f1j ''T ""' ""^^'^•^^""^ ^'^^ ^" «^^«^ina! tionof the oil Itself, or irom any. documents or information his irf !?'°f"Vr^ having reference to the requirements of this Act, and if the assessor does not at once and before finally verifying said roll, correct such errors and supply such omis^ smns. It shal be further the duty of said clerk to reporHo his council thr ,ugh the Mayor. Reeve or other head thereof the facts and particulars as to such .- -rors or omissions ; and the' said Mayor, fteeve or head of said council shall thereupon take such steps as shall be deemed advisable and necessary to cause the said assessor to make such correction in said roll and dve such notices as such correction shall render necessary before the same IS finally received; and said council may refuse to pay Jie said assessor his salary until or unless said roll is sat, istactonly completed. 246. Nothing in the last foregoing section shall be held to o^cr remedy intertere with any other remedy against an assessor for anyflrferWti?" neglect or breacu of duty provided by law. Examination by clerk of as- sessment roll, and insertion therein of any omissions, etc. Assessor refus- ing to correct roFl may forfeit salary. ! Il 'fi 82 Cap. 11. EXEMPTIONS FROM TAXATION. 47 Vic. 246. The following real and personal property shall be exempt from taxation under this Act: — Crown UndB (1.) Real estate held in trust for Her Majesty, or for the public use of the Province ; (2.) Real estate vested in, or held in trust for any judicial district board or for the municipality, and used for municipal, judicial, or registration purposes ; Public pro- perty. Indian lands, (3.) Real estate held in trust for any tribe or body of Indians ; tale, etc. Public librar- ies and Salar- ies of (Uvii Servants. SchooKrbadp C^') Every place of public worship, church-yard, public qaj 8, ho'spi- ' or incorporated educational r charitable institution, public roadway, public square, jail, or public hospital, with the land requisite for the due enjoyment thereof, not exceeding five acres in any one instance; Homesteadere (5.) Live stjck and farming implements, to the value of five c at e B J . jj^j^(j^.g(j dollars, belonging to bona fide owners of real estate of at least forty acres; (6.) Public libraries, and the salaries of the Chief Justice and puisne Judges of the Court of Queen's Bench for Manitoba, salaries of County Court Judges, and all officials and em- ployees of the Government of Canada, and of the Government and Legislature of Manitoba. MUitia horses. (7.) Each horse regularly enlisted for duty in any corps of the Active Militia of Canada. aifd Hortkui (^"^ ^^^ buildings, their appurtenances, and all the land turdigrrounds. ncccssaarily and actually occupier' and belonging to any incor- porated agricultural or horticultural society and used solely for the purposes or benefit- of such society SntsM^nds.*"" (9-) ^ands allotted by the Dominion Lands Act to half^ breed children of heads of families under the ag^^ of eighteen years, not disposed of by tiiem. Public Ceme- tries. (10.) Every public burying ground not ft /.eroding twenty acres. Household effects. Proviso as to bomestiadeirs' effects. (11.) Household effects in use by che person assessed or his family. 247. Provided that any oxie clai.ivag exe .iption under sub- seciion five of the last preceding section s;.:all, by himself or his agent, be a bona Ude resident housenolder on the property where such live stock and farming imple nts are found, maintal.iing and keeping his live stock &;ad implements apart and distinct from any other like property of any other person or persons, so that t^o more t^han one such exemption &nali be 1884. COUETS OF KEVISION. Cap. 11. 83 claimed or al owed m respect to any live stock and farming mplements claunm^ to belong to moro persona than one resid^ mg together and having such li. « stock and implements o^^'steerhT'"''"^''^^^^^^^^ «n?,t^i ^^^ assessment roll of every municipality shall be^evWono annually revised and corrected by the council thereof at a ''°'"'- court ot revision on complaints made; and for that purpose the said roll shall be returned by the assessor to tlie clerk ot the mumcipality within such time as shall be provided for Jf „T ri,P^''',? K^^^. :'^^^ '^^"^"l = ^"^ «^« assessor shall attach to the roll so by him returned to the clerk as aforesaid a certificate signed by him ?nd vermed ur. n oath or affirm- npr°,ir» \ following this Section ; .nd the person or Assersor'a c*r. persons so assessed, or non-assessed, if ' j or they com jlain of "'*''^'«- . their assessment or non-assessment, or of the assessment or non-assessment of any other person, slall. v hi.i ten days prior to the meeting of tho court of revision notify the ^.^'i °L-'' .?• *''*'!'' ^'°"''^ "' compbint ; and the council shall within thirty days after the time fixed for returnino- the Court of ^ roll, form themselves into a court of revision, to be composed ''"" ' ot not less than four members of the council, and appoint a time and place tor herring such complaints, and shall give thirty days notice thereof by posting a notice on the door of the council chamber, and infour or moreuoK" °- '^'' conspicuous places in the municipality, and also by publishing the same in at least two consecutive issues of some newspaper published in the municipality, if there is such and It there is no:., then in some newspaper, if any, ijublished m the county m which the municipality belongs, and if none theninanevvsprperpubHshod in the assize town or city oi! the district ; and after hearing the parties complainincr as weil as the assessor or asses.sor,« and such evidence as may be^u'"""'"' '" adduced, the sa^l court of revision may alter, raise, or lower ' the assessment, or i.mend the roll accordingly; and such deci- sion shall oe consideied as Lnal, e-.oept so far as the same is (But see no.) turther amended, on appeal *- tho Judge of the (bounty Court. 'ORM No. 6. "I do certify that I have set down in the above assessment Form of asses- roll a\] the -eal prop-fj liable to taxation situate in the "" °''"^'"''^ munic'::aity(orwa> ;)of (as the ease may be) and the true actual value therec f in each case, accoi-ding to the best of my mtormation and judgement ; and also that the said assessment roll contiuus a true statement of the aggregate amount of the per-onal propfrtv ii everv r)artv TinniP.l \p fi.,. o„;,^ „^n „_ V s the exemptions thereon, and tlie actual amount of per- s i propert> liable to taxation ; and that I have estimated and set down tr ■ "ame according to the best of my informa- 84 Cap. 11. REVISION OF ASSESSMENT. 47 Vic. ^ 1 Court of Rcvl sion to take evidence. Proviso. Roll to » andoi spect' Notices of complaints. I Appeab. tion and belief ; and I further certify that I have entered thereon the names of all the i-esident house-holders, and of all other persons who have reqv.ired their names to be entered thereon, with the true amount of property occupied or owned by each, and that I have not entered the name of any person whom I do not truly believe to be a house-holder, tenant or freeholder, or the bona fide occupier or owner of the property set down opposite his name, for his own use and benefit ; and that the date of delivery or transmitting the notice required by section 229 of " The Manitoba Municipal Act, 1884," is in every case truly and correctly stated in said roll ; and I further certify that I have not entered the name of any person at too low a rate in order to deprive such person of a vote, or for any other reason whatever ; and the amount for which each such person is assessed upon the said roll truly and correctly appears in the said notice delivered or transmit- ted to him as aforesaid." 249. At the court of revision the complainant, witnesses or assessors, shall, give evidence under oath ;four members of the council shall be a quorum of the court ; any member thereof may administer the oath to any party giving evidence thereat, and the clerk of the council shall be the clerk of the court, unle.ss the court otherwise determines; provided that no change in the assessment shall be made except upon complaints and due notice thereof as required by this Act, 250. Every assessor shall, on or before the day mentioned in any resolution or by-law of the municipality passed for the purpose, deliver to the clerk of the municipality such assess- ment roll completed and added up with the certificate and affi- davits attached, and the clerk shall immediately upon receipt of tho roll, file the same in his office and the same shall at all convenient times during office hours, be open to the inspection of ali the householders, tenants, occupants, freeholders, and voters resident, owning or in possession of property in the municipality. 251. At least ten days before the meeting of the Court of Revision the clerk of the Court of Revision shall mail to each Eerson mentioned on the assessment roll whose assessment has _ een complained of by any other person r ^vhose assessment is sought to be altered, notifying hin. of ■; ;e nature of such complaint or proposed alteration, and of ti.e place where, and the date when it will be considered by the Court of Revision. APPEAL FROM THE COURT OF REVISION. 252. If a person be dissatisfied with the decision cf the Court of Revision, he may appeal thereirom, in which case — 1884. REVISION OF ASSESSMENT. Cap. 11, 85 County (?rrtwTC?hr£te'5':?Pr .'"''''' =.'^"' »* «>o?oSrS„ sitaat/d,and shairdTpo^H wTft hi thf s™ ^^^^^ lag. his moving expenses ; and in Lse ser.- 1 aSs arThearZf the same sittings so held under appointment the TmW ? and expenses shall be distributed amo,w.ii ¥t ^^''f inthekeratiouoftheJudge ^ ^H appeals hea.d 26d. The council of each municimlitv «linll i^ i, .,,^r,''pl!°eL'?^W,'' ■•'''«. °"».'«>'. on alUhe real Ti S vide fS7«n thr ""' """ ™" ''*''''' to '»^''«on to pro- m„nr,r *v^ payment of all such sums or sum S""'"" money a, the ^d municipality shall have undertaken 86 Cap. 11. TAX ROLLS. 47 Vic. County. Local. School. Schofl trus- tees' I BCimatc. Tax rolls. ^^i ii Kesidont roll. Non-residen roll. Column for arrears. to pay or be liable for during the current year in respect of any debenture or other debt or obligation, and, including such sums as may be required for county and district purposes and school purposes in the respective school districts, on property of school districts, within the muni- cipality, by the trustees thereof ; and the said trustees shall, on or before the first day of AugusL in each and every year, provide the clerk of the municipality with an estimate of the sum required by their school district, with the names, so far as known, of the persons liable to be assessed as residents for the support of such school. 256. Upon and forthw ith, after the said final revision of the assessment roll and the passage of said by-law, the clerk of every municipality shall make out a tax roll or rolls in which he shall enter all tlie lands and taxable property in the municipality comprised in said assessor's roll, and which shall contain colunms for all the information required by this Act or otherwise by law to be entered therein. The said roll shall be in two parts, and in the first part which .shall be called the "Resident Roll," he shall set down, alphabetically arranged, the name in full of every person assessed and the assessed value of his real and personal property as ascertained after said final revision, and he shall calculate, and opposite the said assessed value as therein described of each respective person he .'iliall set down in separative columns headed with the name or object of each rate such as " District rate," " Railroad debenture rate," " School rate," or otherwise as the case may require, the amount for which the person is chargeable for each purpose respectively and the total amount required to be collected from or paid by such person on the assessment of that year for all the purposes for which a levy -is required to be made in said municipality ; and for the commutation of statute labor, and every rat 3 the proceeds of which are required by law or by the by-law imposing it to be kept dis- tinct and accounted for separately shall be so entered and calculated separately. 257. In the .second part which shall be called the '-Non- Resident Roll," he shall set down and enter the lands of non- residents whose names have not been set down in the asses- sor's roil, together with the value of each lot, part of Jot or parcel as ascertained after said revision, and he shall enter opposite to each lot or parcel all the rates or taxes with which the same is chargeal ^e in the same manner as is proA idea for the entry of rates and taxes in said first part or Resident Roll. 258. The said tax roll ■'hall also have a column in which shall l:e entered any arrea'-s of taxes due on or in respect of aay land or other property in the municipality, and said 1884. COLLECTION OF TAXES. Cap. 11. 87 TnT.?. ^A '^* '^T'^ °PP'''^*" *^« ^««^« of the person, or Ind fLT"'' '"* roll opposite the land to be liable therefor; furJ^hA . Yr^? 1 ^^^^.'' '^^" ^^ «"^h a« shall have been furnished to the clerk of the said municipality by the treas- cities, by the chamberlain or treasurer to the clerk of such ^^^ r elsewhere provided for. or such as the clerk shall him- ami^'L ""'^^ ^""^'^ «J fyo'" *he books or accounts in his r ,n!r.f 'T^ "^ '"'^ '^''^' ^ heing legally due on or in r spect of any land or property in said roll. 269, When the said roll is completed which shnnlrl V>/» ,^T, . the'h^d '''!t\'^^y of October &Ttsthatr^^^^^^ ?? ^^r"io-^Sect dav of M«r.V5'l/°' -^ *''^."'^f ^"^' ^°"^^*io" "««1 the first &o?^'2rch. day ot March following, and all part es paying taxes or anv same aid o'n'« 1 ^ """^-'^T "^ ^^^ P«^ «^^t. on the f nlo^i taxes remaming due and unpaid on the first tt December, an additional sum of five nercPTif PS § M rj ■*3 I w il-r i-lr M 1 S h ^- 8 I 3 "3 i«. I 2 I •3 S •I 3 iln.i 1884. COLLECTING ARREARS OF TAXES, CaP. 11. 91 fi V^f ^^,^ ^P'-**^^ treasurer shall also at such time after the» . . first of March ,n each year as the council Ss „ran d "ffi^^^ pahty shall order, return t<, said .ii.stricfc secretary tre^urer"™"'' all further lands in the inunicipality appearinir on f I ^^^n resident lands, on which the tax^s h'lveTot le?n pJi^t^iS loca treasui^r and which the said local treasure? has been unable to collect by distress and sale of any persond property on said lands or liable to seizure and sale f^r^taxes inde^thj entitredtn A '^T ^'' "' T""^ ^"^ ^«^'««<^«^> ^^'^ n the person entitled to pay the same, by suit ; and after such returr of unpaid non-resident and resident, taxes respectTvely to Jd district socrctary-troasurer no more money on account of tht ' arrears hen due on the norh'nn ,.f iui* i- "^^^"^'^ ^t the District treas- «i,»ii 1 ".""« uu til e poition ot the tax lists so returned "'^r to collect fhf Inn Tr'^ ^y. ^"y ^^'^^ ^^ *h^ municipality to wHch """""""' the roll relates; but up to the ti.ne that such local treJIuier shall have made or furnished any such statempnt nf ^ «T m arrears aforesaid to the district Lcrett'l^^^^^^^^ "ovidT '''^^ '' P^^^'^^ '' '''' ^°-^ treaiurrrh'erS: 273. The collection of tlie said arrears shnll +l,«««„f„ ii, belong to the secretary-treasurer of theT'di Ll 1^^^^^^^^^^^^ "^^^ and he shall recene payment of such an4ars, and of all tax's on lands, and he shall give a receipt therefor specifyL the amount paid for what period, the des iption of tht lot or parcel of land, and the date of payment ^n accord ance with the provisions of this Act. accord- a ti|lL?b,aTtc&T;^^^^ oT;Jc ''?7' '''''' "^^P^-^"- mone^y for taxes onl?d' S' S^Hv^r \TSl parT/rakinf"" payment one of such receipts, and shall deliver toTh^trrsure? of the municipality who had returned the land L irarrear upon which the payment was made, the second of the set m the book. The delivery of such receipts shall be made fn\r .u, municipal treasurers at least every month'^by re Altered ^Lr--- 276. The district treasurer shall enf^r in « v^^i x i. kept for that purpose, the name of the ^Irt; „mk n. t^-^^^^^^ men , the lot on which payment is madef the^amount^pS- the date of payment and the number of the receipt and the auditors, shall examine and audit such books and accounts at least once m eveiy twelve months. ^ accounts at whTor^in^pa^t""inr/it^ "^'^ ^? '^^"'"^ ^^"^^<^ ^^^her in the R^.tssion wnoie or m part any taxes now due or to become due nnnn "' the lands within such municipality, specify ^ the na??^ — ™. ... „ ,y,ax,h uiu remission is made and "nnon the parsing of such by-law it shall be the duty of the clerk forthwith to traiismit a copy of the by law to the ; th ' ' taxes. ^ ^%- ^0:- ^^J^ ^ ^ mSr IMAGE EVALUATION TEST TARGET {MT-3) k // ^/ yA ^ >* V. ^ 1.0 I.I US " B^ ■" Im 122 £ US 12.0 IL25 i 1.4 6" nRas 1.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MS«0 (716) 873-4503 i.<*' lO^ \ w- 5V ^\ '!> M '^ M V"^ Si \ ^ 92 Cap. 11. COLLECTING ARREARS OF TAXES. 47 ViG. No part pay- ment to be received. Owners may obtain state- men ta. Secretary-Treasurer of the judicial district or other officer ifVi**^!.* collection of such taxes or arrears of taxes who shall then collect only so much thereof as are not remitted. 277. The treasurer of any municipality or judicial district shall not receive my part of the tax charged against any parcel ot land unless the whole of the arrears then due be pafd or satisfactory proof is produced of the previous payment or'er- roneous charge of any portion thereof ; but if satisfactory proof 18 adduced to him that any parcel of land on \^hich tax^ are due has been sub-divided, he may receive the proportionate ProviK,. amount of tax chrrgeablo upon any of the sub-divisions, and leave the other sub-division chargeable with the remainder and the treasurer may, in his books, divide any piece or parcel of land which has been returned to him in arrears for taxes into aa many parts as the necessities of the case mav require. ^ 278. The treasurer of any municipality, on demand, durinff the time m which he shall have the tax roll in his possession and the district secretary- treasurer, after the receipt of the non-resident roll, shall furnish or give to, the owner of any land charged with arrears of taxes, a written statement of the arrears at that date ; and he may charge a fee of twenty-five cents for making out and maiimg such statement if , it doea Fees therefor, f ^^^ ccntftin more than five lots or parcels, and a further fee of. ten cents for every additional ten lots or parcels; but the> treasurer in either case shall not make anv charge for search or statement to any person who forthwith pays the taxes- provided that no more than five dollars shall be charged for any statement. 279. In the event of the payment of any assessment by the tenant or lessee, of any such property, unless otherwise to the contrary agreed upon, he shall have a right of personal action against the owner of the property assesssed, or the lessor holder or occupier of the same as owner as aforesaid for the recovery, with interest and costs, of the amount of such assess- ment, or of the price or value thereof, paid or contributed by him, and may be by him retained and deducted out of any rent or sum payable for the use and occupation of such pro- perty due or accruing due. 280. The treasurer of the municipality shall be the collector ot all the assessr..ents imposed within the limits of the miinici- pahty, and of all penalties imposed under this Act, except in any case m which the said assessment or penalties are required to be collected by any other officer or in any other manner. telobe 1 ^®^- '^^^^^^'^^^^^ry-^^easurer of every judicial district shall kf pt for muni- keep a separate book for each municipality within the dis- cipalltles. trict. exceot infiomnrafAd --^ifcioc Jr. urKJ^U u^ „u„ii j. n .i Tenant, etc., subrogated on pay'nsr taxes. Treasurer to collect flnea. and taxes. '«S 188* COLlECTrNO ABBEABS OF TAXES. CaP. 11. hto, that ther/are ™y M«, „™Sd «L't? ™" «t"™e rti;r;i^L«'S>-=:y:.«^^^^^ chargeable uAXlaTd "at'^t'^tr""' °'"""^' « «■?• the taxes and o£ MZn^tTei:^i^ZZttf t'>' °' ' account of said municiDaiitv .n.J !.f ? paid.to him oh or other debts of or Xim. ' • f • , " debentures respectively as he ZJ^IT- T'"?'.''"' "nunicipaUties the^ said^' d strict Tec.^tarvt?.^'^ "' ?^,r^''' ">d §-»..». » ten days from the fet da^^f M^t^h vear ff ' • ,." "''T such municipapty luring the ^^^t^r yl 'a^S S"?' "' S'^trpTivf^o^S'^sjir^f^-^^^^^ pa-ity. a-jy 'J'T ht hL^TThe^^^^' Stot-SSiii- znr;r„i ?s»r^tb^te^s« "'^"^^^^^^^ atrHff;iv ^ ^ bysueh nmnicipality or by any by-law or statute bmdmg upon said municipality or treasurer i sSd,. «?!'• ?/' "t^e yearly settlement to be made on th. «™* j. ?!£■ 'lanTf n *? *■" '''''™' trea^rer°to*a*r«n'^-»r- resiaeno lands Jialiie to &8ses8mpnf haa «^* u •'^ , ," rois. staSl^nrrho'te^lt^o^f t^""'¥^^ the non-residenttf,S?Velt nZSy'ht .r* ',?<• "-' well for the arrears omitti' J^f ^ """ f^ereafter, as any..s£orthetr7thfcurrltyir\.''J?.f'''''''f ^'J'' » such land so entered sLlTle^':yeraTe 11^X1"™"""°°°' three previous years, if assessed for the said three Z^ ^t if not so assessed, the alerk shall iv.nMi,-» h, . ^ ' ™' and the ov^ners of sxmh land- ui.„ii i^iLT". '"?, *° *^® ^lerk; the couucil at it. next o^some-.«l,;^nrS^ Xl^^^' P > P? '«! rin* i I 94 Cap. 11. ARREARS OF TAXES. 47 Vic. Distreas war- rant may Issue. taxes thereon have been demanded, but within thirty davs after such demand, which demand shall be mado before tno tenth day of November in the year ; and any conncil shall hear ani'. determine such appeal on some day not later than the twentieth day of December following. Clerical erro;» 284. The district treasurer may correct any clerical error which he hirrself discovers from time to time, or which may be certified to him by the treasurer of any municipality. l^wlSi" *° ^ 285. If any person produces to the district treasurer, as evidence of payment of any tax, any paper purportiujoj to bo a receipt of b, collector, school trustee, or any municipal officer, he shall not be bound to accept the same until he has received a report from the clerk of the municipality interested, certi- fying the correctness thereof, or until he is otherwise satisfied that such tax has been paid. SdeSfK* 286. If, at the balance to be made on the first day of May istof May. in every year, it appears that there are any arrears due upon any parcel of land, the district treasurer shall add to the whole amount then due, a sum eq[ual to ten per centum thereon. 287. Whenever the district treasurer is satisfied that there is distress upon any lands of non-residents in arrears for taxes in a local municipality, he may issue a warrant under his hand and seal to the treasurer of such municipality, who shall thereby be authorized tu levy the amount due upoft any goods and chattels found upon the land, in the same manner, and subject to the same provisions as are elsewhere contained in this Act, with respect to collection of taxes by distress and levy. 288. Unpatented land vested in or held by Her Majesty which may be hereafter sold, or agreed to be sold to any per- son, or which may be located as a free grant, shall be liable to taxation from the date of such homestead or pre-emption entry location, sale or grant ; and any such land which has been already sold, or agreed to be sold to any person, or has been located as a free grant, prior to the first day of January, one thousand eight hundred and eighty-three, shall h^. held to have been liable to taxation since the first day of January, one thousand eight hundred and eight-three ; and all such lands shall be liable to taxation thenceforward under this Act, in the same way as other land, whether any license or occupation, location ticket, certificate of sale, or receipt for money paid on such sale, has or has not been, or is or is not issued, and, in case of sale, or agreement for sale by the Crown, whether any payment has or has not been, or is or is not made thereon, and whether any part of the purchase money is or is not overdue ; but such taxation shall not in any way effect thg rights of Her Iviajesty in such lands. Taxation of unpatented lands. Rights of Crown saved . I n 1884. UNPATENTED LANDS, ETC. Cap. 11. 95 treasurer of every cifcv shall fn nJoK ♦« +»,« i T t\. " be sold for mg Lne nrst day of June m my year: and the saiH li«f oKoii be ,0 furnished on or befoh, the W Zy ot My n efe?^ year and shall be headed in the words foUoS-J^'ZrS ge'f jr«e1era^«h'o4%t?ar^^^ been placed upon the tax roll untif some month L the yZl later than the month of January. ^ ke?D t Jsllf ]U^ °%*^' TTiP*^^^/ ^« ^^^^^y required to LLuopen filt^,-! I- ^'^•^''^.'■''''^®^ ^y *he district treasurer on *° *"«'^"»'»- hie n his office, subject to the inspection of any persoS requ. ugto see the same, and he shall also deliver to tLeW^ roh'l,-r'T?."l ^^."^"J^icipality. in each year, a co^^ such list ; and it shall be the duty hi the assessor or assessors to^certamif any of the lots or parcels of lanS contSTn vovrty such occupants and also the owners thereof if known ^'"'' rptib' "'''^'''^ ^^ ^^'' municipality or not, upon th2' respective assessment notices, that the land is liable to be sdd for arrears of axes, and enter in a column (to be reserved for ^o/^O J°'-l*^/ "".T^' "Occu;,iei and Parties J^oHMrZ signed by the assessor or assessors and returned to the clerk with the assessment roll, together with a memorandum of ty Ms offirr'^'i r^'"''''' ^.^ *^' ^^^^^^ «^*» file the «ame m «K«n^ ^o^P^Hic use ; and every such list, or copy thereof onf«^-''T'^ '^ ^°^ ^"°""<^ «^ ^^'idence iA tmy Sse arS concerning the assessment of such lands. « tu-iau-g a p^ShaI^ ^sessor or assessors shall attach to each such list A88e«K>r. cer - :ffi:mSLt ^h^^ot^^^^^^ ^'^^ -^^^^^^ ^^ -*^ -i^reio^. - ' <, 'f ' mA m FORM NO. 8. named° Td 'fLf f l^ ^^''^'^*?i?^^ all the lots in this list Fonn. thpZ. '«? n ^ ^r^ ^''^'^''^^ ^'^ '^^^es of all occupants therou, as well as the names of the owners thereof when known; and that all the entries relative to eachlot L true and correct, to the best of my knowledge and belief." 292. The clerk of each lYlllV^ IaCv-^aI *i... assessment roll when returned" by le'^^sessol anra^c^rtS ^^'^"^'^'^^ Siiaa cxamiuc tiie £r"f^n!l°°fi IV ? n'' (Tap. n. ABKEARS OP TAXES. 47 Vic. whether any lot embraced in the said list la3t received by him frbm the district-treasurer is entered upon the roll of tho yfear as then occupied, or is incorrectly described, and shall forth- with furnish to the said district-treasurer a list of the several parcels of land which appear on the Resident Roll as having be- come occupied, or which have been returiied by the assessor as incorrectly described. District Treas arrears. __ -293, Except in cases otherwise provided for, the district- ment^of *^^^ treasurer shall, on or before the first day of September in the then current year, return to the clerk of each local munici- pality, and every city treasurer shall return to the clerk of the city, an account of all arrears of taxes due in respect of such occupied lands, including the percentage chargeable under section 286 of this Act. Arrears to be added to eactx jrears taxes. 294. The clerk of each municipality shall, in making out the tax roll of the year, add such arrears of taxes to the taxes assessed against such occupied lands for the current year ; and such arrears shall be collected in the same manner and sub- ject to the same conditic|ns as all other taxes entered upon the tax roll. M*iiio.ofin8uf- 295. If there is not sufficient distress upon any of the e?c°" 8 refs Qg^upig^j lands, in the preceding section named, to satisfy the total amount of the taxes charged against the same, as well for the arrears as for the taxes of the current year, the trea- surer shall so state it in his roll, showing the amount collected, if any, and the amount remaining unpaid, and stating the reason why payment has not been made. Arrears on non-resident lands. Penal tjr on offi- ce'^ for neg- lect of duty. 296. In case it. is found by the statement directed to be made to the district treasurer, that the arrears of taxes upon the occupied lands of non-residents, or any part thereof, remain in arrear, such land shall be liable to be sold for such arrears, and shall bo included in the next or ensuing list of lands to be sold by the district treasurer, under the provisions of this Act, notwithstanding that the same may be occupied in the year when such sale takes place ; and such arrears shall not again be placed upon the tax roll for collection. 297. If the clerk of any municipality neglects to preserve the said list of lands in arrears for taxes, furnished to him by the district treasurer, or to furnish copies of said lists as required, to the assessor or assessors or neglebts to return to the district treasurer a correct list of the lands which have come to be occupied, as required by this Act, and a statement of the balances which remain uncollected on any such lots, as also herein required ; or if any assessor neglects to examine such lands as are entered on each such list, and make returns in manner herein- 1884. LAND TAX SALES. Cap. 11. 97 before directed every officer making such default shall on summary conviction thereof before Imy two justices of 'tne peace having jurisdiction in the county In ^vhich such munici-: FhJ^ .% «tuated. be liable to the penalties imposed by SALE OF LANDS FOR TAXES. 298. Wherever the whole or a portion of the tax on anv sai« of un^. land has been due for more than one year after the Thirty^ '-*«-;over first day of December of the year when the rate wa^ struck the a^*e^" "^ treasurer of the district shall submit to the chairman of such district, a list m duplicate of all the lands in his books belonging to the several municipalities within the district the non-resident or other taxes which he is authorized to collect and liable under the provisions of this Act to be sold for taxes, with the amount of arrears against each lot set opposite to the same, and the chairman shall auth- enticate each such list by affixing thereto the seal of the ^oard and his signature, and one of such lists shall be depos- W"*** ited with the clerk of the municipality, and the otlier shall be returned to the district treasurer, with a warrant thereto an- nexed, under the hand of the chairman and the sealof the dis- trict commanding him to levy upon the land for the arrears due thereon with the costs. 299. It shall not be the duty of t. district treasurer to No enquiry make enquiry before effecting the sale of lands for taxes to"*''*"^'^^ ascertain whether or not there is any distress upon the land • nor shall he be bound to inquire into or form any opinion of the value of the land. 300. The said treasurer shall not sell any lands which have Lands except- not been included in the lists furnished by him to the clerks ^ '"" ^'°' of the several municipalities in the month of June pre- ceding the sale, nor any of the lands which have been re- turned to him as being occupied under the prgvisions of this Act, except the lands, the arrears for which had been placed on the tax roll of the preceding year and still remain in arrears in consequence of insufficient distress being found on the lands. 301. The district treasurer shall prepare a copy of the list Advertising ot lands to be sold, as authorized by this Act, and shall in J^^ds for aaia. elude therein, in a oeparate column, a statement of the propor- tion of costs chargeable on each lot for advertising and other expenses of sale, distinguishing the lands as natfintfid un. patented, or under lease or license of occupation from th^ 1 1 [ ' i ■„} I I i 9S Cap. 11. LAND TAX SALES. 47 Vic. Interest sold in Crown land. Crown, .nd shall cause auch list to be published during four consecutive weeks in the Manitoba Gazette and once a week for four consecutive weeks immediately preceding the day of sale therein named in some newspaper published in each county where lands are to be sold if there is one published there, and if not, in a newspaper published in the district. 302. Where the title to any land sold for arrears of taxes IS m the crown, the deed therefor, in whatever form given shall be held to convey only such interest as the Crown may have given or parted with, or may be willing to recognize or admit that any person or persons possesses or possess under any colour of right whatever, and the municipality on whose behalf any land shall be sold for arrears of taxes, as aforesai d shall in case of any such sale being declared invalid be liable only for the purchase money actually paid therefor to the district treasurer and interest thereon as for damages or otherwise. andnfMe*""' 303. The advertisement shall contain a notification, that of sale. unless the arrears and costs are sooner paid, the treasurer will proceed to sell the lands for the taxes, on a day and at a place named in the advertisement. dSltted"**** 304. Every such notice shall specify the place, day and hour at which such sale will commence ; each lot or parcel of land shall be designated therein by its range and number, or by its number in the plan and book of reference for registra- tion purposes, if any such there be. 305. All the lots thus liable for sale in the municipality shall be included in the same statement and in the same notice • but any neglect or omission to include any laid liable for sale m said list shall not be held to prevent the sale of the said land on any future occasion for all arrears that may be due thereon. Day of sale. 306. The day of sale shall be at least forty days after the first publication of the list, and the sale shall take place at the town or city where the assize court of the district in which such lands are situated is held, and at such place in such assize town or city as the chairman in his said warrant shall name, ttteSt*^^"""' ^^^ ^¥ ^^'^^^"ct treasurer shall post up in some convenient and conspicuous place in his office a copy of such tax sale advertisement and shall furnish each of the clerks and trea- surers of the local municipalities with copies thereof to be by them in like manner posted up in their respective offices. beaddid*'**" 308. The district treasurer shall, in each case, add to the amount of the arrears published, the cost of publication and . . / 47 Vic. ring four :e a week he day of in each published strict. of taxes rm given own may ognize or Bss under >n whose iforesai.d be liable r to the mages or ion, that urer will t a place day and parcel of imber, or registra- licipality le notice ; } for sale jaid land thereon, a-fter the place at in which in such int shall [ivenient tax sale nd trea- to be by es, I to the ;ion and 1384. LAND TAX SALES. Cap. 11. 99 309. If, at any time appointed for the sale of the lands a^,.„^ ♦ no bidders appear, the tre^urer may adjourn tL^le f?o^''-"™'Sr ime to time, provided that no such adjournment sh.uTe mad™ "''*''" " f^^K°''^^^^°"''^f^^'^''J'•'' inclusive, from the date fixed for the sale or from the date of the last adjournment. thflndf tnV-f l^vf%^*^ *.u^ ''^"^^P?^^'^^^^ ^^'^ *^e sale of S.l-by pubMo the lands, and if the taxes thereon, including the costs andex-*"'"°" penses. have not been previously paid or collected, the district treasurer shall offer the lands for «al, by public auction, md n doing so shall make and declare the amount stated in the list or advertisement as the taxes due, together with the other charges, and shall then sell the same to the hiffhest s^^J""* *« bidder, or to such person as shall be willing to take it, there •""'"°''- being no higher bidder, but subject to redemption as herein- after provided for ; or so much of the said land as is sufficient to discharge the taxes and all lawful charges incurred in the„. and about the sale and the collection of thi taxes, selling inWdfo?.* preference such part as he may consider best for the owner to sell hrst; and in offering or selling such lands, it shall not be necessary to describe particularly the portion of the lot which IS to be sold, but it shall be sufficient to say that he will sell so much of the lot as may be necessary to secure the pay- n mentof the taxes and lawful charges due thereon; andtheS'Sur amount ot taxes and other charges stated in the district treasurers advertisement shall in all caaes be held to be the correct amount due. 311. If the land when put up for sale will not sell for the saies for ie« tun amount ot arrears of taxes due and charges, the said trea-i!"'°F'"«*"' surer shall then and there sell for any sum he can realize, and ' shall accept such sum as full payment of such arrears of taxes • but the owner of any land so sold shall not be at liberty to re- !l^ r®if^""®®^^®P^ "P°" payment to the district treasurer ot the full amount or taxes due. together with the expenses ot sale, with a sum equal to ten per centum thereof, if re- deemed at any time within one year after the actual date of sale, and if not so redeemed within one year thpn Method of with the addition of a further and additional sum '"^""'"°°' equal to fifteen per centum thereof, and the district treasurer shall account to the proper municipality for the amount realized in such case over and above his charges, and to the tax purchaser for the amount of his purchase money only, with such additional sum of ten or twenty-five per centum of the amount thereof according as the redemption may have been made in the first or in the second year after the actual date of sale. 312. If the land sells for a greater sum than the taxes '^o'"«'^Mer due, together with the said commission and charges, the »ur- ITllfe^", chaser shali only be required to pay at the time of sale' the tfmeffif l>tr >r ill- ft: i and 160 Cap. 11. LAND TAX SALES. 47 ViO. prli payable after term for redemption . amount of said taxes, commission and charges, and the balance of the purchase money shall be payable within one calender month after the time of redemption of said land shall havB 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 heirs or aasigns within the time above prescribed, he and they shall forfeit all claim to said land, any to any deed or conveyance thereof, as well as the amount paid at time of sale, and said land shall there- upon cease to be affected by said sale as if it had been duly redeemed. Land resold 313. If the purchaser of any parcel of land fails immedi- after false bid. ately to pay the treasurer, making such sale, the amount of arreara of taxes and other charges, or such lesser sura as he may have purchased for, the treasurer shall fort.hwith again put up the property for sale. Purchaser's ceriiflcate . SS fee for ee ieed. Certificate. Form of. 314. The district treasurer or local treasurer who held such sale, after selling any land for taxes, shall give a certificate under his hand, to the purchaser, describing the land as advertised, and what interest therein has been so sold, the sum for which it has been sold and the expenses of sale ; and further stating that a deed conveying the same to the pur- chaser or his assigns, according to the nature of the estate or interest sold, will be executed by the chairman and district treasurer, on his or their demand, at any time after the expira- tion of two years from the actual date of sale, if the land be not previously redeemed, upon payment of a fee of five doHftrs to cover the expenses of issuing and registering such deed — said fee to form part of the funds of the Judicial District Board, and upon payment of the balance of purchase money remaining over and above the amount paid at the time of sale. 315. Such certificate may be in the following form : FORM No. 9. I Hereby Certify, That by Warrant from the Chairman of the Judicial District, dated the day of A. D. 18 . , commanding me to levy on each of the several parcels, and tracts of land mentioned in a certain Schedule annexed to the said Warrant, for amount due for Rates and Taxes, which have been remaining due for one year and upwards, and the necessary expenses thereon, I ha i this day sold to A. B., of the of , in le County of , Farmer (or as the case may he), that certain piece or parcel of land containing acres more or less, and beins composed m 1884. LAND TAX SALES. Cap. U. beinff for the Taxes , „ ^""'''^• for aie expenses dollars and and that on demand a deed will be executed by the chah^ir; and secretary-treasurer of the said Judicial L)LtS-ictRnri conveymg the above described lands to the ^if ^"^' \Z V«!" '^P^'fj^^'^es or assigns, according to the nature of the interest sold under and by virtue of the said Wa^Ja^ at 5SZafetfVh':'TrH°\''^ *"« >^^- ^-™ *»^«"tua date of sale if the said lan-^ ' be not previously redeemed. 101 Secretary-Treasurer *^ J^ "* (ow the oc:9e may be.) Trkasureh's Office, Brandon, ' A.D., 188 . Jitto'^of «^trmS r^nTof th^^rd^'^so^lTrt^'--'- have all necessary rights of action and powerrfoV protecTin^ the same from spoliation or waste, untif the exXat^on of fhf torm during which tha land may be rede^ed^but h^lhal' , ?he tnr°^^ ''™'' any person to cut timbe'r .rowing ^JS!li. himsetf i^ ' "** 'T'^ *^^ ^«"^' «<>^ «hall he do so vlkie ""^ *^' ^^^ ^^^^«"* deteriorating its 317. Thi without his s.^. certificate is in for:o. haUnot be Hable for damage done,P«rchw, o the property during the time the llS.ffi 818. The statement of the land so .sold for arrears of taxf^-, «. . Thf'tit'T'' 'I '^y^P^<^'^- purcnasers. the dlof Sl^' -'^^o' U l"^ redemption, and amount required to redem ""''"'"' shall within ten days froih the actual date of sSe £ made out by the district treasurer, who shall sgn the slme and affix his official seal thereto, and transmit thfsame t^ the re«8h.a^ of the division in which the land sold L situ^tid a«d such registrar shall enter in a book, to be kept by him ment as shall afiect ea»s statement of tax sales as afore- Re»i«'rarv rer^.nmHnnKf^^ ''.'■?' ^^^^^^^ble against each pa eel for redemption, both in said statement and in his books and shall crtsfo ''^' repstrar. with oaid statementNhe su^of ten aforesSS Z, \^^'-''^'^> ^ ^ ^^^ ^or entering the same as Jecefnt shainl whenever any parcel of landts redeemed a receipt shall be given to the person paving such redemntion s"d wftW^/uir""^'^'^ ^^"''? '> the^egistrai L aW entering «nH «r "'^ '^f ^^ ' ^^ *^« «""* ^^ ^^n cents for bwKo^^-T?w^'"^ ^^^' such certificate shall be payable lllnch^Xo^^:T7.'^'^'''-^^''^ ^^« shall Sore on such certificate the date )ceiving the same. FORM NO. 10. Statement of lands sold for arrears of taxes on the r.r„t ^' '"^ munioipalitie. mentioned below, situate in ^ MUNICIPALITY OF 108 DESCRIPTION OF LOT, ETC. NAME, OCCUPATION AND ADDRESS OF PPRCHASER. ^ 20^ W ^P' If- "■ ^1 ^''"'"^ Spence, Gentle- ) 20, W. P. M. / man, Stonewall, Man. / AMOUNT REQUIRED TO REDEEM. $30 25 [Seal] oranaon. A. B., Secretary-Treasurer, Judicial Disf.rint 18 . "' 104 Cap. 11. LAND TAX SALES. 47 Vic. Form of Registrar's tax sale books. 327. The books m which said statement shall be entered by the registrar shall have additional columns to those given above for the further entries required, which may be headed as follows : CERTIFIED AS RE- DEEMED By ON BEHALF OF DATE OF CERTI- FIED RE DbMTION. DATE OF THIS ENTRY. Joseph Swift, Portage la Prairie. Self. July 1,1885. Julys, 1886. Redemption oertlflcate. 328. The certificate of redemption to be sent to the regis- trar as aforesaid, may be in the following form : FOjRMNO.ll. CERTIFICATE OF TAX SALE RF.DEMPTION. I certify that C. D.. of, etc., (on behalf of E. F.. etc., or) on his own behalf (as the case may be), has this day paid the sum of as redemption of the south half of section 9, township 11, range 20, west 1st P. M., sold for arrears of taxes on behalf of the municipality of in the county of on the 18 of Dated at Brandon the 18 day r Right of redemption and terms. y [Seal] Secretary-Treasurer A.B., Judicial District. 329. The owner of ary land heretofore sold, or which may hereafter be sold for non-payment of arrears of taxes, or his heirs, execut'rs, administrators or assigns, or any other person on his or their behalf, but in his name only, ma} at any time within two years frotti the actual day of sale, exclusive of that day, redeem the estate sold by paying or tendering to the District-Treasurer, before the hour of five o'clock in the afternoon of said last day, for redemption, for the use and benefit of the purchaser or his legal repre- sentatives, the sum paid by him together with a sum equal to ten per centum thereof if redeemed at any time within one year after the actual date of sale, and if not so re- deemed within one year then with the addition of a further 1884. LAND TAX SALES. Cap. 11. 1 f 1 " 1 Ion. md additionsi sum equal to fifteen per centum thereof «.nd moneyT™oet"i'r-' *^1 ^^^ f^y'-T^^^ r^e»pS^ money a receipt, stating the sum pa d and the obiect ot ^yment; and such rec^pt shall be evidence of SieSm;' m^^'Jsnl'^U.^r? ^""^ '"""^ payment or tender being Notice of maae to such district treasurer as provided in the l^f nrp r':?"'°*° ceedmg section it shall be his duty upon nain of wiu, P'^®: *""•*"• office to transmit to the tax purchLTo? tLTope^^^^^^^^^^^^ f I f A ''''^T ?^ T^ P^>^"^^^* °r tender\avTng been so Zt^t Ta ,r°<^^«"^«g *he Pame .f the person pay n| or tend^ 3 rf ^\^ ''^™' ""^ *^^ P^'^^^^ ^^ ^hose beWf s^uch pay- ment or tender was made. P ^^ Sr f.^dt^^'JsS '-'- ^ wVfuHherXhUn^?; «n^??; ^^^"i^er aay such redemption is effected by a per- son not specially authorized, the treasurer shall mention in a receipt given by him for the redemption money Sie nameTnd designation of the person paying the same • ^' ^^ Aiid every redemption receipt shall be made in triplicate in the same manner a^ receipts for arrears of t4s here^ 333. If the land be not redeemed within the period allnw^^ for Its redemption, then on the demand of the Turch^e7or ^ his assigns or other legal representatives, at any tTmraft^r the expiration of the time limited for redemntion u^l ment of the balance of purchase money as teJLnf the further sum or charge of five dollars for tl. ^ • and registering of the de^ the dltt " ellef^shXp^^- pare and execute with the chairman of the dSboard and deliver to him or them a deed, in duplicate, of the lands Jf countersigned by the clerk or secretH;y trea^urTr % f^^ municipality in which the land is situated Lw^Lh^ervit said clerk or secretary-treasurer shall in the case of each d^ed m^'nSethtg.^' ^'^ '^^ ^^ ^^^^ ^^'^ -^ o^ -?5\t^ 105 i 334. Such deed shall hp. in f^io f«iu~.: /•-. same elfect and shall state the date and eiu'L 'nf?.u' "^ .*u^S'fi**'S*" price and shall have the effect of ?esting"re i^n^ if h^ purchaser, his heirs, or assigns, or othf r tgal X-s Ju! 106 Cap. 11. LAND TAX SALES. 47 Vic. Form of tax deed. tives, in fee simple or otherwise, according to the nature of the estate or interest sold ; and no such deed shall be invalid from anj' error or miscalculation in the amount of taxes or interest thereon in arrear, or any error in describing the land as " patented " or " unpatented," or held under license of occu- pation. FORM No. 12. FORM OF TAX DEED. To all to whom these presents shall come : We, Esquire, chairman, and of the Province of Manitoba. of the .of of Esquire, secretary-treasurer of the Judicial District Board in the Se^d Greeting: Whereas, by virtue of a warrant under the hand of the chairman and seal of the said district, bearing date the day of in the year of our Lord one thousand eight hundred and * commanding the secretary -treasurer of the said district to levy upon the lands hereinafter men- tioned for the arrears of taxes due thereon to the municipality of in said district, with costs, the treasurer of the said district did on the day of in the year of our Lord one thousand eight hundred and sell by public auction to of the of in the county of , that certain parcel or tract of land and premises hereinafter men- tioned, at and for the price or sum of of lawful money of Canadt 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 , together with costs ; Now know ye, that we, the said and , as chairman and secretary-treasurer o£ the said district, in pursuance of such sale, ar 1 of " The Manitoba Municipal Act, 1884," and for the consiucriition aforesaid, do hereby grant. 1884. LAND TAX SALES. Cap. 11. bargain and sell unto the said a^d—esS^^^^ P-«^ - *-^ of lan4 In witness whereof we, the said chairman and secretary treasurer of the said district, have hereunto set our hands a^d affixed the seal of the said district this day ot • Ak i. Lord one thousand eight hundred and ' '""^ ^^""^ ""^ °"^ \ 107 1 . I K '■■!!' '.1 '1 . 'I I I , A. B., Chairman. | C, D,, Treasurer. J [Corporate Seal.] Countersigned, E. F., Clerk of the Municipality of ■ 335. The secretary-treasurer of any municinftHf v in xiri,;„i, . tary-trea^urer of the district in whicK such mlicipa' ^ uraa&^ii::^^^ being the owners of/or having interests inTe landHo S arrear for taxes, a^ far as he may be able to ascertShe res? dence or address of any such persons and^hlll l^ii /!t Xd^fo^' T' ?r A^ ^^ ^ -^^"^ ierlotafpro! fa?t s^M^tsJra;^^^^^^^^^^ -^- ^^^3 Acr:> no£l^:£t^t^:^?^rla$!;^2^& the lands mentoned in said statement, thrSeS Gov " ' ernor-m-Council may direct that the lands uprXch such tuxes are due be sold for taxes at a certain tiaTand place to be mentioned within the district, and thereupon the dtstrict treasurer shall proceed to publish advertisements «nH 7. ii such lands for the arrears 'of taxes due tCrrandtheinteret and expenses of sale, as provided by this Act And f «i!n not be necessary for the .^«,^d f.r«a— - .. .u ^L..^"?"*. '^ ^^^^^ v ,^^ to enquire as to whether t We "il or is ' nor^LTSesrupo^^ such lands, nor shall they be bound to enquire Tto Tr ?om any opinion of the value of the land, and no deed grafted Z , '. 4 III » '.i 1 * ,' 1 108 Cap. 11. LAND TAX SALES. 47 Vic. Effect of deed Bame as any tax deed. any lands so sold shall be invalid ft )m any error or miscalcu- lation in the amount of taxes or interest thereon in arrears or any error in describing the lands as patented, unpatented , or held under lease or license of occupation, and the effect of such deed shall be the same as of any other tax deed granted in virtue of the provisions of this Act. None of the pro- visions of this Section shall prevent the sale of any land liable for taxes as herein mentioned, on any future occasion, for all arrears that may be due thereon although it may have been omitted from such statement. land. Tax deed con- 338- Such deed of sale shall not only transfer to the pur- imS'p^es'*^ chaser all rights of property which the original holder had therein, but shall also purge and disencumber such land from all payments, liens and mortgages or other encumbrances there- on. And whenever lands are sold for arrears of taxes, and the chairman and secretary-treasurer have given a deed thereof, such deed shall, notwithstanding any informality or defect in, or preceding such sale be valid and binding to all intents and purposes, except as against the Crown, if the same has not been questioned before some court of competent jurisdiction, by some person interested 'in the land so sold, within one year from the execution of such deed,provided th at taxes shall have been due on said lands at the time of the sale, and that the bona fide holder of the title, when questioned as aforesaid, shall not have been guilty of or knowingly a party to any fraud against the provisions of this Act, or in connection with the sale, transfer, or assignment of said land. Rights of Crown savt d, Tax deed shall be rcgristered. 339. Such deed of sale shall be registered in the Registry Office, for the division within which the lands thereby e&cted are situate, by the District Treasurer, immediately after the execution thereof, and before the same is delivered to such person, his representatives or assigns. Former tax 340, All lands heretofore sold for school, municipal, or "^**'*^'^*"''*^ other taxes, for which deeds have been given to purchasers, shall become absolutely vested in such purchasers, their heirs or assigns, unless the validity thereof has been questioned in the manner above mentioned, before the first day of January, 1885. Desds to be 341- AH lands heretofore sold for school, municipal, or heretofore*K)id other taxes, for which deeds have not been given to purchasers term^'^expSfed" and which shall not have been redeemed under the provisions of the " Municipalities' Act, of Manitoba, 1881," or of the " Municipalities Act, 1883," or the provisions herein made, deeds, therefor, may be granted to the purchaser thereof (upon the production of a duly authenticated certificate of his hav- ing so become purchaser), by the Chairman and Secretary- Treasurer of the district within which the said lands may now be situate, and in conformity with the provisions of this Act, 1884. LAND TAX SALES. Cap. 11. I "Form No. 13. 109 We To all to whom these presents shall- come :-- of Chairman, and of the q£ Esonire, Secretary-Treaaurer of the a™G^'''"'' ^''^ '^ '^' P-™« «f Manitoba, send «r "^^®^®^; ^y ^'^^^^ of a warrant under the hand nf *>.« Warden, and seal of the Municipality of ^ bearing date the ^j^^y ^^ thousand, eight hundred and ""' ^^" ^'^' '^ °^' ^°^' ^^^ •J TLT • • ,. commandinar the Treasurer nf fh« aid Municipality to levy upon the landWeinafrr mJnjLed surer of the said Municipality did on the day of • Au I. one thousand, eight hundred and *^' ^'"^ "* ^^'^ ^'^' sell by public auction, to of the nf . , County of ^ fi, . . • '""^H orfum sr ^^^ '^^^^^^^*^^ --*--<^' a^trf^ tCpricl f eStdTTedl^S^^^^^^ ^^ *^« -- Of ^o_d, eight hundred and '''''^-^ZX^ tre'l^rlr ofVT r-A^'\'^^: -^^ '^^^ chairman and secretary- xa'r rid ^ *'^ p'-^"'-^ ^^ ^-^' ^-^.'^-^ain :^^ t^rL^of kXnn'Jtr*''^'' ^^^ ^''^^^' ^" *^^^ °^^tain parcel or cract ot land and the premises, containing more or less, being composed of (deacHbe the land ao that the same may be readily idmtijled.) tre'elurlr^rvir^"''^! '^\ *^' T^ ^^^^^^^^^ *"^ secretary- treasurer, have hereunto set ouv hands, and affixed the seal of Form of tax of the heretofore*" Esquire, '""'^ rim w >\ i: ■! m. 110 Cap. 11. LAND TAX SALES, 47 Vic. Deeds, after terip expires. the said district this day of in the ye&v of our Lord, one thousand eight hundred and [Seal.] A. B., Chairman. C. D., " Secretary-Treasurer. 342. In case before the coming into force of this Act, sales of lands for taxes have been made, but the time for redemp- tion has not expired on the coming into force of this Act, then the deeds for the same shall come under the provisions of this Act, and all the provisions of the Act shall apply to such sale and deed. dc™tion' IV. ^^3- ^^^^ respect to all sales of land for taxes made tended to ut before the coming into force of this Act, and whereof °^' the time for redemption would expire during this year (1884), the term for the redemption thereof is hereby extended until the first day of November of the present j'ear, up to which) date any person or persons entitled to and desirous of redeeming any such lands, may redeem the same by paying the amount necessary for such redemption to the Secretary-Treasurer of the Judicial District Board, within whose district the said lands shall be situate : irreguiaritiea Provided that in the event of it being impossible to proiid1S'?or'.*'fl''5Cortain the correct amount necessary so to be paid in order to effect the redemption of any lands heretofore sold for taxes, owing to the failure on the part of any person or persons, ofl&cer or officers of any formerly existing muuicipality, to return the books, papers and documents containing the evidence of said sale, and the statement of the full amount of alleged arrears of taxos, together with the costs of the sale of the said lands, the said person so desiring to effect such redemption may deposit in the hands of the Secretary-Treasurer of the said Judicial District Board a sum double the amount of arrears of taxes and costs mentioned In the advertisement of the sale thereof for the redemption of the said lands, whereupon he shall receivoa spe3ial cerbiticate of redemption, setting forth the fact of such deposit, and the reason why it has been made, and notice thereof shall be given as provided by this Act, and he shall be entitled to have returned to him any surplus over the correct amount require for redemption, so soon as the same shall be ascertained. Actions to set aside tax sale°. 344. In case of any suit or proceeding to set aside or question a sale for taxes being commenced within three years .luxii mc miiu ui aaiu saic (^uuiiig iiix: tiiin; wiLUiii vviiica any such action can be brought or any proceeding taken for that purpose) the plaintiff in any such suit or proceeding shall 47 Vic. 1884. LAND TAX SALES. Cap. 11. Ill iiT Vv- i . . ^,„ ^"* °^ suuimons or e ectmpnf /.a„oo. the District Treasurer to be notified in CrS^fXe^^^^^^ fact of such suit or proceeding having be"n 'Smenced alutL^aidtS tTr?' '^^^\^^^1?^ ««Parate account of Accounuof onu * P n as a balance of purchase money on lands '*"**'** »*i~ sold for arrears of taxes and not redeemed, and shaU enteTin chSsfrrThT' T^-^-- tl^e taxClSso^InS cnarges trom the purchaser of any lot or narppl nf Ur.A o^ij u S ffrlTlHl'ri' "SV'l' '«W« ""■""■"^ »» reived amount of and other particulars respecting said fand ■ »n,° hanTirr^. f"*'"" f ^" '»<• *^» have rem Jnedi^The the W t vTTJ '<" "'^ y"*" from "le day of sa?e of the land of which it formed part of the purchase monev J^'t? ing a commission of one and one-half ner cent fo7?k™ . • keeping the account, shaU be translenS'fJ^m tt "rSef Stherenn'orv?''"' ^ '-""i'^T^ity ■ and the muiMpaHt^ 346. The board may, from time to time, authorize or remiirp r s?rsMp-ts4;^r-°eTi:?S^^^^ bursements made in connection with said fund. '""'"''^'^^ ^''- lanro1d'Jn?r'' *^^^«"«y) «^ the ovv?ner of any pS o? shall hit 1 • ""'? ^'''^ '°r 'y^^ ^^ *h« treasurer, and which shall have realized more than the amount due for taxes com wifh , n-!i + forfeiture ; and upon producing and leavin I voters' lists. FORM No. 14. 47 Vic. S3 a />u9pisa^| o O on 2 w o § ■5 g<= 2 a -<2 !Zi OH u H rH . - 'll 2 pq CO X !N a. u o 02 •a I >o 1 d o CO O 5 2 50 1884. VOTERS' usra. Cap. 11. 116 364. The form of said list muy be changed to snittho^ description of property of voton, in in^-. * i '"*^.T'7"'''u cities. i'^F^fc/oi motors m incorporated towns and J,*^*^/^ »>• 8ion?fh«^«V«L1iT"'''5*"J^^ '' ^^^'^^^^ ^°*o Po"ing sub-divi. Mv'o"-" eions the list shall be made for each of saoh divisions. d'^-Won.. real property, tlie clerkshall, opposite the name of the oerson ""•• nsert in the proper column of the voter's list! the nun?beTof the lot or other proper description of the rekl prcnStv in respect of which 8uch person is qualified P^^perty m De?soI^,^!'l?Tf^''PP^^'\^^*'^"^^^^«™«n* ^oll that ajiyReaUsuta person is assessed for property within tho mnninJt^oij*,, ^ lying in «ev. cient to entitle him to'vot'e. bJt that it tsTaX^w! JinT^'''' ''^'""•• limits of one of such sub-divisions and partFy wi^h brother ?n itT' ^^' '^''^ '^j! '^''' ^'' "^'"^ °n th^e^^s ofToter m each or every sub-division in which any part of such revit?i „t!5 ^''"TT* l°" '.^^" ^" understood to be finally Rew«od rou rected by the court of revision for the municipality or by the judge ot the county court, in case of an appeal, as provided in the assessment clauses of this Act. or when the tfme diSng which such appeal may be made has elapsed, and not before.^ beficankHnH'^^^^J^-'^^.^K- *^^«1«'-\J^^ ^ade the said alpha- P.intin, betical list, and withm thirty days after the final revision and ^''*"' ""*»• nZT''^ °^ '^' assessment roll.'the clerk shall cauSat leTst one hundred copies of said list to be printed (in pamphlet form where practicable), aoid forthwith shall cause one of Wh printed copie. to be posted up, and to be kept posted un in some conspicuous p ace in his own office, and deliver or trans- r/ite ;> ''f '^'l'^ ^'."'^' °^ ^y P^^^^l °r book post Three copies registered, three ot such copies to each iudo-e of the rnnnt^*°,*'«i™»* Courts of the Judicial District to wS\l'e municS i's to"fa' ''- '°P''' ^ ^^'^ °*' *^' ^°"o^ing persons, that a Every member of the municipal council of the munici- pality, except the reeve ; b. The treasurer thereof ; a. The sheriff of the assize district ; d. The prothonotary or deputy clerk cf the Crow^ and Fleas for said district ; €. Every postmasfcer in the municipality ; /. Every head master or mistress of a public school in the municipality. a 4 i 116 Cap. 11. VOTERS* LISTS. 47 Vic. Five copiM to 860 The clerk of the municipality shall forthwith also certain per- deliver or transmit by post, by re^istfrrd letter, or by parcel or book pose registered, live of oucli copies to each of the fol- lowing persons, that is to say : — a. The Member of the House of Commons for the electoral division in which the municipality or any part threrof lies ; 6. The Member of the Legislative Assembly for tho elec- toral division in which the municipality or any part thereof lies; c. Every candidate for whom votes were given at the then last election of a member for the House of Commons and for the Legislative Assembly respectively ; d. The reeve of the municipality ; and e. The clerk of the executive council. Spacjfcr InBertiiiK additions. Cortlflcate on copies sent out. Form of cer- tificate. Il i»S'l 361. In prinf'ng said list, a space equal to about ten print- ed lines shall be left between the names beginning with the different letters of the alphabet, for the purpose of inserting any additional names in writing upon the revision or correc- tion of the list, and a blank page snail be left at the end of said list for any certificate that may be required to be ap- pended to the list upon or after said revision or correction. 362. Upon each of the copies so sent to each person shall be a printed or written certificate over the name of the clerk, stating that such list is a correct list of all persons appearing by the last revised assessment roll of the municipality to be entitled to vote at municipal elections and at elections for members of the Legislative Assembly ; and further calling upon all electors to examine the said list, and if any omisions or other errors are perceived therein, to take immediate proceed- ings to have said errors corrected according to law. 363. The followhig shall be the form of certificate, men- tioned in the last preceding clause : FORM 16. I, A. B., clerk of the municipality of in the county of , do hereby certify that the within is a correct list for the year 18 , of all persons n spearing by the la.st revised assessment roll of the said muii lality to be entitled to vote at municipal elections and at elei oioRs for members of the Legislative Assembly in said municipal icy ; and I hereby call upon all electors to ex- amine the said list, and if any omissions or other errors are perceived therein, to take immediate proceedings to have the said errors corrected according to law. rinf.pfl fViia A. B., Clerk of said municipality. 1884. voters' lists. Cap. 11. 117 364. Tlie sheriff .•ihall, immediately upon the reeeint ct l.,v„ school r,„r.'^^„ ^"^ .'" "■' ^"^ ">?'«" on the door of the »p^J Jrn" poTt'offler ^°""'^'" ""'■ i»" "p °- <" <>» ofl'd iS':re;':'„'.:':;d^stffl "'■ f?"°" t" ""='> ™py -"-••»' 'oi- Kuc iiuiriHs anQ post-ornce addresses of fh« \foir^^ "i**^*"" reeve. thr2nS',tr""r.r -"-tary-treaau^ a„1 ct&:'^^»"»'" m-y copies p5 P^Tn-L^HslT Tay^dtrrZ^""" entftl^'und'enE^'tT.^ ^^i"?? °"P'^'^'° »" p'trS nf ,« , k 1 . ^^^ *° receive them gratis) for the DU'-nosP cist o7ir nr' 'ir^' '"«-i'»b"r«ing t^o1nuniciISity f The cost of printing the same, at such price as thrcounc i mav de ermine not exceeding the rate of five cente for ev' Ar teJ voters whose names are on such list. ^ the^fJunlvludit ^If fh '°*r '*^""> ^"^J^°* ^ r«^i««n by RevUionc ine county judge at the instance of any person entitled tJ^ ^°t««' >i«2l. vote m the munic pality for which the list is made or in thi ^ "^?of rhe'^r " f " V'^ municipality is sSte on tt ground of the names of voters being omitted from the list or insri7°"?l^ stated therein, or of^names of persons being inserted on the list who are not entitled to vote • and nnon such revision, the assessment roll shall not be conclusive TvT dence in regard to any partictilar, whether the matter on which the right to vote depends had or had not been ToLht before the court of revision or had or had not been deterSed by that court ; and the decision of the judge under this Tot m regard to the right of any person to^ottshallL final a^ far as regards such person. ^ 868. A complaint or appeal luay be made on the ffround oi\> , . x. any person whose name is entered on the Lt befnf ae of""^^- those who are disqualified or incompetent to vote m-^er the provisions of this Act. and may be L the following fom • I I ^. «""«)»• w — ™ : — • — "^p m . P '1 118 Cap. 11. voters' lists. FORM No. 16. 47 Vic. Form of. Striking namca for non-attend- ance. Notice of complaints. No deposit required. Form of notice of appeal or complaint. To the clerk of the municipality of I, Peter Grant, a person entitled to vote in the said municipality, complain that the name John Jack is wrongly entered in the voters' list for the said municipality, he being a person disqualified under the section of " The Manitoba Municipal Act, 1884." And take notice, that T intend to apply to the judge in re- spect thereof, in pursuance of the statute in that behalf. Dated the 18 day of Peter Grant, Besidence, 369. If any person whose right to vote is the subject of in- quiry, does not attend in obedience to a subpoena or order, issued as hereafter mentioned, the judge, if he thinks fit, in the absence of satisfactory evidence as to the ground of such non-attendance of such pea*son or his agent, or as to the right of such person to be a voter, may, on the ground of the non attendance of such person, strike his name off the list of voters, or refuse to place his name on the list of voters, as the case may require, or impose a reasonable fine on such person, accord- ing to his discretion, or do both. 370. Any voter or person entitled to be a voter making any complaint of any error or omission of the said list shall, within thirty days after the clerk of the municipality has posted up the said list in his office, give to the clerk, or leave for him at his residence or place of business, notice in writing of his com- plaint and intention to apply to the judge in respect thereof ; and if the office of clerk is vacant by reason of death, resign- ation or from any other cause, such notice may be given in like manner to the head of the council of the municipality ; and the proceedings thereafter by the clerk, judge and parties respectively, and the respective powers and duties of the judge, clerk and other persons, shall be the same, or as nearly as may be the same, as in the case of an appeal from the court of revision ; but no deposit shall be required to be made before any such complaint is heard or disposed of. 371. The following form, or a form to the like effect, shall be that of the notice mentioned in the last preceding clause: FORM No. 17. To the clerk oi the municipality of I, Javiea Sviith, a person entitled to be a voter for the said municipality, complain (state the names of the persons in respect 1884. VOTERS* LISTS. Cap. 11. fn.^at'^ '^'''^P^^'^* ^'« w«rf«. and the grminds of comvlaint tioned in the farst column of the subjoined lis^ Nn 9II ik i ' / , *"® several persons whose names are set forth in ns^rt'd L tTeV '/'t ^^.^'*""^' ""'' ^^ 3 are' ' wron^^^^^^^^^ AnTrhnt^i, ^'^ ''''*^'"' ^'^^' ^^ «^o^» in said list No 3 •_ respec? to ^vhlVlS '''"'' ^^ *^^ description of the property in X?istSi/;L"'.7'' respectively are entered on ^the H^ Nn f ^ iiy ''^'''- ^'''■^''*>' ^« sl^own in the subjoined list No. 4:-Andtake notice that I intend to annlv to tbp judge m respect thereof, pursuant to the statute A behalf 18 Dated the day of James Smith, Residence, 119 f- List of Complaints mentioned in the above Notice of Complaint, ^ Lis. No. i (shewing voUrs wrongfully ommitted from the Voters^ List.) NAMES OF PERSONS. 'GROUNDS ON WHICH THEY ARE ENTITLED TO BE ON THF voters' LISTS. James Tupper . Ancrus R ain A j. . " • ?i utt. Angus Blain Assessed too low- property worth $500.00. LiSTNo. 2 {.shewing voters wrongly named in Voters' List.) NAMES OF PERSONS, T — ! T" . John McBean S. Connell the errors in STATEMENT UPON Voters' list. Shoula be Joseph Townsend. Should ht]ohnUcBtanthe younger Should be Simon O'Connell. &c., &c. ' 120 Cap. 11. VOTERS LISTS. 47 Vic. List No. 3 {shewing persons wrongfully inserted in Voters' List.) NAMES OF PERSONS. POLLING SUB- DIVISION. PART OF LIST. STATEMENT WHY WRONGFULLY INSERTRD IN VOTERS* LIST. Peter White John May David Walters . . . 4 3 2 1 2 2 Died before final revision of roll, Tenancy expired— left the country Assessed loo high-. -property worth under $ List No. 4. (shewing voters whose p'-optrty is erroneously described iu Voters' List Ss'c.) NAttES OF PERSONS. POLLING SUB- Division. TARTOF LIST. ERRORS IN RESPECT TO PROPERTY OR OTHERWISE STATED. ' Stephen Washburn.. Thomas Gordon Ronald Blue 3 2 4 1 2 1 2 Name should be in subdivision No. 2 Property should be, etc. Should be described as owner not tenant. Head of council to report &c. 372. If the notice is given to or left for the head of the council, he shall perform, or cause to be performed, such neces- sary acts as should be performed by the clerk if there were one. Ss^report. ^"^^ '^^^ following shall be the form or to the like effect of the clerk's report to the Judge in case of appeals and com- plaints under said clause : FORM No. 18. To His Honor the Judge of ic County Courts of the Judicial District. The clerk of tlie municipality of states and reports that the several persons mentioned in column 1 of the schedule below, and no others, have each given to him {or " left for him at his residence or place of abode " as the fact may be) written notice complaining of errors or omissions in the voters' li.st for said municipality for 18 , on the grounds mentioned in column 2 of the said schedule, and that such notices were received respectively at the dates set down in column 3 of the said schedule. Dated, sue. A. B., Clerk of said municipality. 1884. voters' lists, schedule. Cap. 11. 121 NAMB OF COMPLAINANT. Errors orommissionscom plained of 3 DATE WHEN NOTICE OF COMPLAINT RECEIVED BV CLEKK. befoIfthefrafrSn'l^KU "^ ^..^^^^i" /he said list has.s.eCpro- Judge to be altered on theTst FnSt'"^ ""^'f. '" *' perty whieh he may have acquired fn'^thp 1 ^- °f^' P'"" for which he has not been Sed and tl """>-<='pl'ty >«d taken in such case shall bf*lT • P™«eedmgs to be under this Act "■"■" °" "" '^^'^ of\ppeals Vipor, +».„V,c* J •>;,P.®^^°^i to Whom assessed uronerfv hfl^na'nes sub- been transferred and claims to be entitled to vote theWn: "'"'*'• FORM No. 19. To the clerk of the Municipality of Jni^H^:z;s:ttTe*ii':f''].rrr ''- -i' provisions of the statute in that teSf^'P'"^'""' *" *'» «' ! Dated the day of 18 T ^T UKii DoKAN. .ppJ*s switt L^?^,,^;;-"'" °* ""^ '•'"■*■' -P-' - tojft'- 122 Cap. 11. voters' lists. 47 Vic. Clerk's notice. To FORM No. 20. , Clerk of the Municipality of Upon reading youi report and notification respecting the voters' list for the said municipality for 18 , pursuant to the statute in that behalf, I appoint the day of 18 , at the hour of at in the said county, for holding a court to 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. You will advertise the holding of such court, or post up in f'^our office or the place in which the council hold their sittings ist of all complaints of errors and omissions in the said voters' list ; and you will notify all parties concerned accor- ding to law. Let the assessor for the municipality'' attend the sittings of the said court, and let the original assassraant roll of the municipality for 18 ^ and the minutes of the court of revision for the muncipality for 18 , be jiroduced before me or the acting judge on the day and at the place above mentioned. Dated this day of 18 Judge Co. Court, Judicial District. 377. Upon receipt of the last mentioned order, the clerk shall post up in his office the following notice : — FORM No. 21. Notice is hereby given, that a court will be held, pursuant to the voters' list clauses of " The Manitoba Municipal Act, 1884," at on the day of 18 , at o'clock, in the noon for the purpose of hearing all complaints made against the voters' list of the municipality of for 18 particulars of which complaints are shown in the sub-joined schedule. All persons having business at the said court are hereby re- quired to attend at the said time and place. nnfo/l day of 18 A. B., Clerk of said Municipality. 1884. voters' lists. Schedule. Cap. 11. 123 NAME OF THE PARTY COMPLAINING. NAME OF PERSON IN RESPf^T TO WHOM APPEAL WAS MADE. GROUNDS OF COM- PLAINT ALLEGED. I, ' fl ii V 4' , FORM No. 22. for 18 r J attend Kr.^lll^Se'SX*'^ "'' ""' "'^ '^'"'^^^ *" Dated this day of m 18 A. B., Clerk of the said Municipality. FORM No. 23. CLERK'S NOTICE TO PARTY COMPLAINING. the municipalitv of J,-n iT u i f V^, for <=o"'piain, complaints is posted up in T'a ? ^^^ ^ 1' "i' "1 and you are hereby plainant. P fi 'i 124 Cap. 11. voters' lists. 47 Vic. Notice to respondent. Persons com- ing of age. required to b^ 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. By order of his Honour the Judge of the said County Court. Dated this day of 18 To A person complaining of error ) in the said Voters' List. C A. B., Clerk of the said Municipality, and Clerk of said Court. FORM No. 24. clerk's notice to parties complained against. You are hereby notified that, pursuant to the statute in that behalf, a court for the Revision of the voters' list, 18 , for the municipality of , will be held by the Judge (or acting Judge) of the County Court of the Judicial District, on the day of 18 at o'clock, in the noon, and you are required to apppar at the said court, for that has complained that your name is wrongly inserted in the said voters' list, " because," &c., (state matted' of complaint concisely). A list of all complaints lodged is posted up in ; and take 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. To Entered on said voters' list. A. B., Clerk of the said Munic pality, and Clerk of the said Court. 378. Any person who is rated, or liable to be rated, on the assessment roll, for real property or income of the amount required to entitle him to vote, and who will be of the age of twenty -one years at any time within sixty days from the linal revision and correction of the assessment roll, shall be entitled to apply to the Judge to have his name entered upoti tlie voters' list or upon the assessment roll and voters' list, as the case may require. To 47 Vic. 1384. voters' lists. Cap. 11. 126 the attendance at f Ha ^nnnl °' ""^ ?"""» » 'aspect of «u,.„,o may^b; ^std'Lnlirfhfl'". ^ *^' ^'T °^ ^'^^P"^^- which Fon„o, u«.y ue issuea under the last two preceding clauses :— subpoena. w I FORM No. 25. j SEAL 1 Manitoba County of To Wit. SUBP(ENA. I Victoria, b^ the Grace of God, of the 1 T ? ^^ K^mgdom of Great Britian and ) Ireland,Queen, Defender of the Faith To Greeting : Count7Co«.?3ofthe'^^ P"*"" '=«*°--%<'"T .J«dge of our Judicial District, at j„ J. , on the day of jg ^^ there and then to be h^U f ..T"'-^* ^^^ '^''V'^ appointed, and the vote.. liSt ftYas'^"' ':f''rS« -J^SliVtf"' ^'"'^^ '" of J i? ' ^^ *^® county voters' list +h' *" ^^^^evislon of the said .ud«e, ^aLlhe-vSlJtr of"° Trnt^^^^^^^ 126 Cap. 11. VOTERS LISTS. 47 Vic. U ■. cipal Act, 1884," wherein one is complainant, and which complaint is to be tried at the said Court. Herein fail not. •;■;:& Xames In BupcBna. Judgre'a cer- tlHcate on vo ere' lists, If no com- plaints. Application to judge for certiUcate. Witness His Honor Judge of the said Court, at the day of 188 . A.B., Clerk. 382- Any number of names may be inserted in one sub- poena or judge's order, in any case of complaint. 383. In case no complaint respecting such list is received by the clerk of the mnnicipality within thirty days after he has posted up the said list in his office, the said clerk shall forthwith apply either in person or by letter, to the judge to certify six copies of such list as being the revised list of voters for the municipality; and the Judge shall certify the same and retain one of such certified copies of the list, and deliver or traiismit by post, registered, one of such certified copies to the clerk or deputy clerk of the Crown and Pleas for the judicial district within which the munici- pality lies, and two of such certified copies to the clerk of the municipality, to Jro kept by him among the records of his office, and the remaining two certified copies ) the clerk of the Executive Council. 384. The application of the clerk may be in the form fol- lowing : FORM No. 26. REPORT OF CLERK WHEN APPLYING FOR CERTIFICATE UNDER SECTION 358. To the Judge of the County Courts of the Judicial District. of I, , clerk of the municipality , in the county of do hereby certify as follows : That I did, on the day of ,18 , post up, and for a period of thiriy days, next thereafter, keep posted up, m a conspicu- xxa L/ia.t_c iix 111 V viiiuc cxv a true and correct printed copy of the voters' list for the said municipality of for 18 ^ made 47 Vic. is I the said 1883. voters' lists. Cap. 11. 337 of ?he sdd Acrj;td''ti:;:i^^^^^^ "^"^^^ ^^ -«*-« 127 one sub- 3 received I after he lerk shall ! jucige to d list of II certify !S of the of such he Crown ? munici- clcrk of rds of his srk of the form fol- 'E UNDER nicipality bounty of allows : day of ' a period conspicu- the said I made acting (udge) of the county couS tie &„ .' T°'. "■ 18 ^^^ *^^e year of our Lord 'Jl' Witness my hand this 18 day of Clerk of the said Municipality -P. 0. FORM No. 27. CERTIFICATE OP JUDGE ON REVISED AND CORRECTED VOTERS' LIST. A. B., clerk of the municipality of his hand that no com ui rp.npof;. ' ?r' r^.''^'?'^^^ "'^^^^•'^"^^•"ce^ thesaidmunicipalitrfovthe vea^^^^^^^^^ *f \'' "^ voters for "«-te. Mm within thi.?y d^ys'fter tfe'rs postL^ urofThrsle' and on application of the clerk, ^ ' Ccurts of the ' '^"^Jg^ of the County pursuance of the provisions of the voters' lisitws' of'« T^^ 128 Cap. 11. VOTERS LISTS. 47 Vic. J utile's certlScate after reviBlon. Manitoba Municipal Act, 1884," certify that the annexed printed list of voters' being one of the copies received by mo irom the said clerk, under the provisions of said Act, is the revised list of voters for the said municipality for the year 18 Given under my hand and seal, at this day of County Judge 18 Judicial District. 386- In case complaints are made as aforesaid immediately after the list has been finally revised and corrected by the judge, he shall certify six copies of said corrected list, and shall sign a statement with each of such certified copies setting forth the changes, if any, which he has made in 'he list ; the said statem t riiid certificate to be in the forms re- spectively given immediately following this clause. f6RM No. 28. STATEMENT OF ALTERATIONS BY JUDGE Statement of changes made. Be it remembered, that upon a final revision and correction of the list of voters of the municipality of for the year 18 , pursuant to the provisions of the voters' list clauses of " The Manitoba Muni- cipal Act 1884," the following changes were duly made by me in the copies of the said list received by me from the clerk of the said municipality, viz :— FORM 29. 1. The following persons are added to the said list : NAME. POLLING SUBDIVISION. PART OF LIST. PROPERTY. I. the 18 1884. voters' lists. 2. The following persons are struck off the said List : Cap. 11. NAME. POLUNG SUBUIVtSIO.N. I PART OF LIST. PROPERTY. n^^':^'^'^^^::::X!^:;i:,r''''y ''""•'-^ °pp-- ^^ ">» NAME. ri;vrs°ON"'" ' usT I 'T'"''" ^^ OR.U.N ALLY UJVISlo^. LIST. DESCRIBED ON LIST. PROPERTY AS ALTERED. ♦. The following changes are made in the names of NAME ORIGINALLY POLLING SUB- PART OK ON LIST. I DIVISION. LIST, voters incorrectly named Witness my hand this A.D., 18 , at day of 129 P County Judge, Judicial District, FORM 30. CERTIFICATE OF JUDGE. I. the Judge of the County Courts of Judicial Listrict. nnrananfr. f^w tae provisions of the voters' list claust:s of " The Manitoba' Municipal Act. 1884," d6 hereby certify that the above^r^^^ erne may he) is a correct copy of the list of voters for the year ■;.3!ii ISO Cap. 11. 18 voters' lists. 47 Vic. , received by me from the clerk of the Municipality of according to my revision and correction thereof, pursuant to the provisions of the said Act. Dated at day of .18 this Judge, &c. Traniinlseion of ccrilHcd voters' lists. 386. The Judge shall retain one of such certified copies and one statement, and shall deliver or transmit by post, registered, one of such certified copies and one statement to the clerk of the Crown and Pleas or deputy for the judicial district within which the municipality lies ; two of such certified copies and two of such statements to the clerk of the municipality, to be kept by him among the records of his office ; and the remain- ing two certified copies and statements to the Clerk of the Executive Council. MISCELLANEOUS PROVISIONS. S'jud'e^"*** 387. In all proceedings before the Judge under this Act, " **■ the judge shall have, with r-eference to the matters herein contained, all the powers which belong to or might be exer- cised by him in the County Court. Judge may appoint con- staoles, etc. Clerk's duty and compen- sation. Court of revisiun, where licid. 388. The Judge shall have power to appoint some proper person to attend at the sittings of the court as a constable or bailiff ; and the duties and powers of such person thereat shall be as nearly as may be the same as those of the bailiff of a County Court at a sitting of a County Court and in reference thereto; and the expenses of the person so appointed and attending shall be borne by the municipality the list for which is the subject of investigation, and shall include such allowance for loss of time, trouble and travelling fees as may be certified by the judge to be reasonable ; and the amount certified by the judge shall be paid to such person by the treasurer of the municipality upon the production and deposit with him of the Judge's certificate. 389. The clerk of every municipality shall be subject to the summary jurisdiction and control of the County Judge in respect of the performance of his duty under this Act, and in respect to eveiy Act required to be performed by such clerk touching the voters' list, in the same manner as officers of the County Court are to the Court ; and the clerk shall receive reasonable compensation for the services performed. 390. The Court for the revision and Correction of the voters' lists for the municipalities comprised in each county shall be 1884. voters' lists. Cap. 11. exer- held in the building used for holdin-r the Counf v Pnnrf if ^u I. one within the bounty. «.d if n^t at anv of ^^^ the county where a municipal town o- city council SoTds iS Al ;re''rn' etun^r; tt 't'lZl '''''' deem proper and it shall be the dutyTt fe I'd^^^^^ councjs ot the municipalities where voters' li ts are the sub ject of revision, upon being notified by thfi iJZ t^ II \ polity or municipafities which sfiould have made such nro SSl fo\v th^^^r f'^'^'^r ^'^y. or such other suH certified to by the Judge fo/ each and every day during whi/h 8uchbu.dm^ IS used for the purpc .s f such court Any court held in an assize town or city sL.. be held in ?he court^ siirbir""''^-"^^^^^^ *'^^^" - the Jud^rmaylein" catf ?he'^sum'^nf^fiJ^^'/n' "^""n' ^'f''^ delivering his certifi- Jud.e. fco cate, thesum ot five dollars (togeo ler with his actiml mnv L"' 'tr'"!"" Img expenses, if any,) for every^'days' ac ual and L e«^arv^^"^^^^^^ attendance at such court whilst engaged in the reyTstnof '""''''"*^'"- satd lists ;a.ul «uch payme-nt and all^ot^er charges (not o?her Wise herer,mftT>r provided tor) necessary to be incurred Tn connection with the holding and proper conduct o the bus^ ness of the cour^, shall bo paid by the treasurer or secretary treasurer of the municipality upon the certificate or Ccher ^f the Judge as to the service performed, and in cases other th^h as to his own fe ^ to the nature of and necessity f^theseT vice performed ; provided, however, that in case of the LcessTty and proper attendance at said court of the clerk treasZr p ^ assessor, or other officer of any municipality, or of ' anTmem: ^'^^^^^ h shal Vr^'^^-^n'''^^ ^""^-^^V^ '^' ^^' mentio/ed caTe he shall be specially summoned to appear) the cost and expense of such attendance, if any. shall be payable by the municipality interested. F^j^auie oy tne connection with the revision and correction of the said lists f:.""^ ^^^^?'r and m al cases where an application is dismissed as be n^'^^'pat"'''' ^roundoff ho'' 7-^T '^' •^i"^'^^ '^'^^ ^«"^i^«r that S^ ground of the application was known, and that the nurnose of .uea ixppiicajion imghfc have been accomplished "otherwise than through the medium of the court, and notwithstanding anything m this Act appearing on the contrary, the said Jui .? 131 i^^-'!^]ll gtiPMIMr if: J 132 Cap. 11. voters' lists. 47 Vic. .P.-oviso. may order the applicant or other person in the position of the respondent and being a party interested in the application before the court, or who has been made a party by the court and has failed to appear after due notice and is within the jurisdiction of the court, to pay a hearing fee of two dollars and such reasonable costs, if any, as ihe Judge may determine ; and payment of such fees and costs, or either, may be en- forced by execution in the manner herein provided for the recovery of any penalty, fine or costs incurred or ordered to be paid under the provisions of this Act as to said revision of voters' lists ; but this clause shall not be held to limit the power of the Judge to deal with any application or matter coming before him in said court in any other manner mentioned in this Act, and this clause may be read as supplementary to any other clause in the Act of a similar character wherever it can be properly so construed as so intended, 393. If the Judge who holds a court believes that any person or persons have contravened sections 405 to 408 of this Act, or that frauds in respect to the assessment or voters' lists have prevailed extensively in the municipality it shall be his duty to report the ' same to the Provincial Secretary, with such particulars as to names and facts as he may think proper. Amendments. 394. The Judge shall have power to amend any notice or other proceeding upon such terms as he may think proper. i^K aban-^'^" ^^^- ^^ ^^y app^Hant or complainant entitled to appeal, doning com- dies Or abandons his appeal or complaint, or having been on repiac^f^ ^ the alphabetical list made and posted by the clerk as afore- said is afterwards found not to be entitled to be an appellant, the Judge may, if he thinks proper, allow any other person who might have been an appellant or applicant to intervene and prosecute such ajjpeal or complaint, upon such terms as the Judge may think just. Judge shall report illegal practices. Assessors or offlrcrs liable 396. In case of errors being found in the said voters' list foncd1^°'mi^'°'^ *^^^® ^^^^ ^^^^^'^"^ thereof, whether such errors are in the sions etc. omission of names, the inaccurate entry of names, or the entry of names of persons not entitled to vote, if it appears to the Judge that the assessor was blameable for any of the said errors, the Judge shall order the assessor, either alone or jointly with any other person, to pay all costs occasioned by the same; ana in case of errors for which the clerk was to blame, the clerk, either alone or jointly with any other person, shall be charged with the costs ; and in case of errors of the court of Costs of errors etc. revision, the municipality shall, either alone or jointly with tu'j pvroT^ii, jja^ cue VT-ral.T oUujccl; LU CLliy {SlUilH VVilXCJi iiHe municipality may justly have again-st the guilty parties ; or the judge may order the assessor, clerk or municipality in any 1884. voters' lists. Cap. n. 133 FORLI NO. 31. OBDER FOR PAYMENT OF COSTS. m the matte, of the vote.- liat f„. the municipality ofo.„,„ appeal to the Judge of the°Sou„ty '(Tut^'of rhr""''"' '"^°°^' said compIaint;i„V •• a^d ortr that E F T'''"' ^ "'^ taxed pursuant to the said Act. '?/:)-™ ""= oath as mav be reouir^ „f hi *i*° '"''' examination on thereupon ^kesuTl 'order. ™d"iv^"' f^^'" '^"^'^ '^'^^ ™, d?em nece^ar, ^^X^.^ ;;^J':S^^- ^' FORM No. 35. SUMMONS. In the matter of the voters' list for the municipality of in the county of the olerk of the said mnnie^a itt have fai W Z™' f •' eertam dut es I'eouired of vo,, v,,, ti,» • i ... '° Perform you ha,e not madTouttheir;hat£l H^UtWotei: foiV'^* tor the said municipality, within thirty days after t^'^fi i revision and correction of the assessment ro^l thereof^ You, the said C. D., are therefore hereby reouired in h. i appear before me at my chambers, in ^ ^ *° ^^ ^^^ « 138 Clerk neglecting Wilful alterations, etc. False votes. Cap. 11. voters' lists. 47 Vic. on the ^ day of 18 , at the hour of o'clock in the noon and then and there have with you and produce before me the assessment roll for 18 , for the said municipality, and any documents in your custody, power or control, relating to the assessment roll, or to the voters' list aforesaid ; and then and there submit yourself for examination on oath as may be required of you. Herein fail not at your peril. Dated this 18 day of To C. D.. Clerk of the municipality of Judge. 406. If any clerk of a municipality omits, neglects or refuses to complete the voters' list, or to perform any of the duties hereinbefore requij-ed of him for his municipality, such clerk, for each omission, neglect or refusal, shall incur a penalty not exceeding two hundred dollars. 406. If any clerk of a municipality or any other person wilfully makes any alteration, omission or insertion, or in any way willfully falsifies any such certified list or copy, or per- mits the same to be done, every such person shall incur a pen- alty not exceding two thousand dollars, or to be imprisoned in the common gaol of the county or district for a period not ex- ceeding six months, or to both such fine and imprisonment, in the discretion of the court. 407. No person shall make, execute, accept or become a party to any lease, deed or other instrument, or become a party to any verbal arrangement, whereby a colourable interest in any house, land or tenement is conferred in order to qualify any person to vote at an election ; and any person violating the provisions of this section, besides being liable to any ciher penalty prescribed in that behalf, shall incur a penalty of one hundred dollars, and any person who induces, or attempts to induce another to commit an offence under ^'.is section, shall incur a like penalty. 408. The penalties mentiorod in the three last preceding sections may be recoverable with costs of suit by any person suing for the same in any court of competent jurisdiction. -sv*7. To prevent tho creation of false votes, wh. e any per- ot false Notes, g^^ claims to be assessed, or claims that any other person should be assessed, as owner or occupant of any parcel of land, Penalty. Recovery of fines. Prevention 1884. voters' lists. Cap. 11. 139 and the assessor has reason to snsnpnf +>.o+ n churning, or for whom the da m tCL t. \" ?'T^ f to be so assessed, it shall be th.^lutrof thfas W^ "\^' reasonable enquiries before assessing such person '''''^" any?amthItrareUt°trdf"o^ '"' ™P^"P^^'^>' inserts. .esse. .u- 1,;;;k „„ i assessment roll, or assesses any nersnn nf fnnl","^ inserting from the Wsrment rdJ i^. ^"i "Cf„"^ """f ™^ ■"""« the county or city for aSoTwl i-^^ '• "''''°" >^^ ^^ ti.e for p..i„ Sraf^trlu tvet^ S> Sf^Lt of any municipal ty that he will rpnn.-rl 1» .^ , ^^^^^ cipality or place, shall furLXa S e^^^^ o Zh"r " then last revised and corrected orof«nvnf?F . "f J' ^'^*^' to any person who may requir; such coL n ^T^' ^^f '*'°^' paid for the same by s^ pe ^on at the ?Tf . f^^'^' ^'^ ^"^"^ every ten voters wh^ose na.res are on su'ct li t'o7 Zt t said officers may furnish printed copies for which tW ' i, i? be entitled to receive twenty-five centslnstoad iffi, f^ f"^^^ said ; and the officers shall verif/anv XiH ^\^^%^^^'^^- by writing their initials in doi7ox tm't^^^^^^^^^ '\ff-' WH.en alterations or interlineations exceed one h,fndred it ' hafl I the duty of the said officers to furnish written copies. clerk of the Crown and Pleas f urnifhi:^ \ttme"sh:fi"br"'" "'• ■Ivfr " 140 Cap. 11. VOTERS LISTS. 47 Vic. entitled i > receive the sum of ten cents for every ten voters whose naxTies are on such list or part thereof as the case may he. Board of Co. judxes to uiHke rules respecting; voters' lists. Occupants owner? and tenants. Use of forms. 414. The Board of County Judges in the Province, or any two of such Judges may, if requested so to do by the Lieutenant- Govemor-in-Council, frame rules and forms of procedure for the purpose of better carrying the provisions of this Act in respect to voters' lists into effect ; and such rules and forms shall, after being approved of by the Lieutenant-Govemor-in-Coun- cil, have the same efi'ect and force as if they formed part of this Act. 416. The words householder, (H), freeholder (F), and ten- ant (T), appearing on the assessment roll pursuant to the provisions of the assessment clauses of this Act shall, for the purposes of said provisions relating to voters' lists, be held also to mean respectively occupant (Oc), owner (0), or tenant (T), and shall be so entered in the voters' list by the clerk of the municipality. 416. In carrying into effect the voters' list provisions of this Act the forms given in this Act may be used, and the same or forms to the like effect shall, respectively, be deemed sufficient for the purposes mentioned in this Act. 417. Sections five to thirty-one, 1 *^h inclusive, of 44 Vic, Chap. 11, (3rd Session) intituled "An Act to amend certain of the Acts forming part of the Consolidated Statutes of Mani- toba," repealed by section 392, of the Municipalities Act, 1883, shall remain repealed ; but the provisions of the Act or Acts or parts of Acts repealed by said sections of said Chapter 11 shall not be revived. fSs?**^ 418. The treasurer and other officers of each municipality shall be required to give security for such amount and in such manner before entering upon the duties of office as the council thereof shall determine, to the effect that they will well and faithfully perform all duties appertaining to their offices respectively, and pay over to the proper person all moneys collected or coming into their hands, power, custody or possession, which securities the council shall require to justify upon oath as to their sufficiency. Sees, of 44 Vic , c. 11, remain repealed. District boards. DISTRICT BOARDS. 419. The expressions " District " and " Judicial District " as used herein shall be held to mean any of the judicial dis- " Board " and " District Board " shall be held to mean the board of any such judicial district, formed or hereafter to be 1384. DISTRICT BOARDS. Cap. 11. formed under the judicinl districts Act i«sq „ ^ .u a . 141 same is exnre s y tvt 'aST ZJ"" "f^'.^'j ''7°"'' ">""'23 exercised ty reiCon or by b^-Iaws wl,e„' n^^ ,;:'"'" ^ authorized or provided for, anS „Z lnr„stt:St rihtfJS ye^^LS'estoS o''f':iutJ^tti''b ^"^ "'? ™'*'"' --y ^-^ ">'• fl^« 1 * 1 '^'"'"""'''*^» Ol ail sums which mav be rpnnirpH f«t. mates. f n thf £„|tt' ^^ti^rSTnreSoi-tf: respective contributing municipalities as herein ptvUod and a rate mmlZ \o7X'ZZ:^ICllf f^ ™".Stt!l'" asK^aCt'o^jCsZ"'?"' °* 'I'^.dif.Wct board shall acts.o.,^.„, "'^I'Jic ageni 01 tne several municiDaliLips wifhin *\^^ Ai tjoard agont taxt 'ir"* "^ '^r"'*''^ providedrC thl coLtbn 5-=-%'"^ taxes m arrears, the payment of anv rl^Kf o 1 i • ^*'^«''' «'«• t';i:;^hi:rsa Imu^ p-o™TtrsT„ir"'' »=• -"■''"■ rekt n AofJ .''' T^ P^i'*^'^^ ^^ *^^'^»* respective districts lelating to the construction of intermunicipal roads and th^ P!!!:!^"!f;,^^r<^Priation or payment for lan^ds reo ' ""t It ?„"!:'^^!?;,^^r"Priation or payment tor lands reo ^.«mc wicri cue necessary power therefor under tfip tion claazses of thi« Act ; Ihe establishment and tain of ferries, the prosecution of drainage works, or if opria- D°- iF" *'° ^ public worLo t nance ..ubJic 142 Cap. 11. DISTRICT BOARDS. 47 YlC, works of any character which affect the interests of more than one municipality ; andthe making of all necessary [trovision for the procuring of a site, wiien indicated by the Lieutenaut- Governor-in-Council, for the erection of the County Court House, Jail, Registry Office, and other necessary buildings. J^''^!." „* 426. Provided that any matters solely affecting the interests between mun- 01 two or uiorc municipalities may be arranged between them, cipaiiUeB. when such arrangement is possible, without reference to the District Board or Commissioner, but failing such arrange- ment the matter in(juestion shall be determined by said Board or Commissioner. 1L Opening Kreut high- way. Maintniningf ferries, etc. Joint ccm- mittecs. 427. In any case where a municipality does not open up a great highway, or a section of road of importance to the gen- eral public or to another municipality, through their munici- pality, and the work shall appear to be specially required to enable traffic to pa-ss through said municipality, the District Board shall determine ; (1) as to the necessity of said road ; and, if decided that the road is necessary, (2) to proceed to open up the same as provided in this Act ; (3) to determine what proportion of the ejipense shall be borne by each or any municipality in any County, and to award the indemnification to parties whose lands have been taken, and to do all things necessary to open up such road ; and on the approval of the Lieutenant-Governor-in-Council, the award and rates levied on the respective municipalities shall be considered legal and binding, and shall be collected by said municipalities in the manner provided by this Act, and paid to the county treas- urer or the party appointed hy the county council to receive the same, 428. In case any municifality should desire the establish- ment and maintenance of a ferry across any stream of water separating such municipality from another municipality not within the same district, or the opening out of a road, oV any other public work to bo carried out which is not exclusively within and for the benefit of any one district, then t!..e boards of each distr* ■"te rested .shall be called togethe)' as herein- after provid vl .shall meet and form a committee (or an equal number of the members of each board interested may be appointed at such meeting if it be so agreed, to compose such committee), to whom all questions on public worke be- tween their several districts shall be submitted. 429. The committee so formed or composed shall be called the " Joint Committee" of the districts of i'nvlnij names of all d'mtricts interested), they shall at their tir,st meetino- select one of their number as chairman and another as secretary, and anv decision arrived at, expressed in any document issued by the said committee, signed by the chairman and secretary, as the I 1884. an I .fOINT C0MMITTEK8. Cap. 11. intended t„ be tiver£| 1 ,"/ "'""'•■"' f PT"' »'»"■ °' has teen arriverat in oonT, -^r'' '-IH^T' ^^''*^ «"''^ ^>«<^i«"n selerfprl fn «ii PP^y *^ *^*® secretary or any member selected to till a vacancy in either office. ^ memoer er;ererbe°'tt™xf 7r^^ «r ^^^^^^^^^^^^ 143 or to L^a'n™'!^?™'^ """"r'T '° ""<»• «"y «»«ng road A...«oK..d one dEt U Tntere ed" S 'S'"'r '" "'''* '""re than S"- p^^^^'dpetreZtl^^^^^^ due notice »hall be given in the itnitZ^^:j7byth:pT^^'°' Lt;:;:;,'^,'^ "S°"'^ ,p.esentat „„y Lch „,ee.in;lv of tiiVs Art, Iji J'""" '"",""!^ '"."'""' ""<''•'■ "'o provisions the -icrht ^f ! • '='""™*^ '»"-g in addition to his own vote the nght ct gjvjug a casting vote in the case «{« tie 144 Cap. 11. ADVANCES ON TAXES. 47 Vic. Plcdfrlni? cor- titloaio elpt8 by district treasurer. I 434. At any time after tho treasurer of any municipality shall have made a return of tho lands in arrearn for taxes in this or any subsequent yc^ar to tlin dlHtriot treasurer as pro- vided by this Act, the council of the municipality to whom such arrears of taxes may be due may instruct their local trea- surer to procure from the district treasurer a certificate that said statement has been deposited with him and the amount due on the lands mentioned therein, and any person or per- sons or corporation making advances of money tc any such municipality upon a note or other written acknow i-jcigment of liability for any term not exceeding six months (not including any renewal or extension thereof) may hold said certificate as collateral security for the payment of any such advances. Provided that written notice of the pledging or delivery tf such certificate and the amount of the advances made th'-"eon be given to the district treasurer within six days aft*; he same shall have been deposited or pledged as collateral at . ty for any such advances ; and it shall be the duty of said dis- trict treasurer so soon as he shall realize any sum or sums by tho sale of said lands for the taxes due thereon and interest and expenses of sale, which would belong to such municipality to hold the same for the jiayment of such advances and forth- with upon presentation of such note or acknowledgment when the same shall have become due and payable, to pay the amount mentioned in said note or acknowledgment out of the funds so remaining in his haiids to the credit of such munici- pality according to sufficiency ; and may deduct and charge such payment to such municipality ; but the fact of such dis- trict trea.surer not having funds to the credit of the munici- fiality sufficient to pay the said liability or any part thereof shall not in any way affect the liability of such municipality upon said note or acknowledgment. 435. The District Board may, if det-med advisable, make advances out of any funds in its possession to any municipal- ity, repayable with interest, upon the security of tho arrears of taxes due upon any lands mentioned in any such statement of lands in arrears for taxes returned to the district treasurer as aforesaid : Provided that no such loan or advance shall be made for a longer term than six months from the time such statement shall have been filed in the office of such district treasurer ; but the non-payment of such advances within such term of six months .shall not affect the liability of such muni- cipality to the said District Board, or prevent the said Board or the district trea,surer from charging said municipality with said debt at any time afterwards as against any funds which said district treasurer shall or may receive or have for or on account of such municipality. ASSESSMENT COMMISSIONERS. L. G. inC. to j.no a mcn°t com-'®**' • assessment commissioner shall be appointed by the missiopers. Lieuteuant-Governor-in-Council for each judicial district, for District board may make advances to municipali- ties. 1884. ASSESSMENT COMMIHHIONEF . Cap. 11. of mating the valuation, shall be requi -id- n.ean« .r. du„„, i.£ni •s^oto-ferc-.u tTin:"4^^t' ™""'"- ively appointed, except as to cities and towns. ^ ^ e,i?:e::„ror„LT^j„n^ira:;dreT„s^^^^ enqume, and obtain such information as may eiaMe them?^ ^zz;zr^JSi =f 0^-0 -Hr- ^ previous assessment rolls as they may deem ad^sahirlJ^ 'i necessary to examine the assessor for^he current v^^^^ previous year of any municipality, or the clerk orTtLr nT TreZcrtrtr^P^'l toh^vea^nyexn^^^^^^^^^^^^^ kto^leZ" m respect to the general character and value of th^ Inr. 1 5? any municipality or municipalities. ^""^^ ^^ theUell^itrS ibt^^^^^^ ^^^•i offices a^Kxa^inatio i-xio admits may De able and wilhn*? to jrive ft a to the nii«nfU,. ^mandofflc, quality and value of the land in such agents' districtewWch has been sold or otherwise rendered liable to taxation Drocur JanljT *"*^^"*^, ^^^^ the sanction of the Board to H-eiving procure and ape to pay for the attendance of parties such ft^^***'''"" assessors, clerls and other persons known or^believld to b' competent to give reliable and useful inforllnTn respect to the matters which the commissioners are requh-ed to renntf upon, provided that it shall be i:ound less exT^ste forX trrTrred"^ ' ^'T'^ '""^ ^ ^^^ ^^^^^^ atteSnce, where the required information cannot be otherwise readilv obt«,'np3 without such expense, than to visit the piaerorS^v T/"^ 8uch persons reside, and that any such payment Wond t7« vT ing expenses for such attendance shalf S exc^e^^^^^^^ a^ -turning t;in;;Se;^flSid:^^^^;Mm:^^ the pur|)ose of su^h attendance, to give said infomation ^ ' u$ ir offices. 1 1 ; r II 146 Payment of WAlnej!^cB. Payment of expenses. Advances to commission- ers. Cap. 11. ASSESSMENT COMMISSIONERS. 47 Vic. (6.) In case they .shall require the attendance of any person or persons, to give information as aforesaid, whose attendance has to be procured from any place which the commissioners may not deem it necessary or advisable to visit, and that such person or persons require to be paid for such attendance, the commissioners requiring such attendance slmll give the party or parties a certificate addressed to the secretary- treasurer of the judicial district board, stating the sum which any such party is entitled to be paid for such attendance, not to exceed the rate of allowance hereinbefore mentioned. (7.) The commissioner may also give a certificate or certi- ficates also addressed to said secretary-treasurer, for the hire of any necessary conveyance, or for board during the per- formance of his duties, to be paid by said secretary -treasurer and chargeable against him on account of expenditure in con- nection with said duties. (8.) The said secretary-treasurer with the consent of the chairman of his judicial district board shall make such other payments or advances tc^ said coiiimissioner during the per- formance of said duties and in respect thereof as may be deemed necessary and expedient to enable said commissioner to meet any incidental expenses necessary to be paid them during the time he shall be so occupied in making said valuation. e«Tcounte. .5^') ^}^^ commissioners shall keep a correct account in de- tail of all their actual and necessary outlay and expenditure for and during each and every day that shall be actually em- ployed in making said valuation and report, and shall obtain and furnish vouchers for all expenses, and such account shall be certified by said commissioner, whose duty it shall also be to make no other or greater expenditure than shall be actually necessary and proper. Report on (10.) Upon the completion by any commissioner of his valuation. g^id valuation, it shall be his duty to report the result thereof with such details, as may be d'eemed advisable or as shall be required and he can give to the chair- man of the judicial district board for the information of said board and to furnish the Department of Agriculture, Statistics and Health with a copy of said report. Absence of (11.) In case any of the assessors of the local municipalities for.* pr^jv e ^^^^i ^^^^ ^^^^^ completed their as.',essment ut the time the co^nmissionor shall be in any such kcal municipality the com- - '-' ., I-,-, vrjv rciiuauiuii^ xcquucu, uiirjoU upOH SUCU information as l.e can obtain at the time, from the last as- sessment Roll. 1884. ASSESSMENT COMMISSIONERS. Cap. 11. 147 (12). The daid commissioners shall be Daid nffhA r.o+^ ^jj t. dollars per day each bv fh^.ir ro«r^!lV t f . ® ^^*® ^^ ten commission- is L^^LTedToZn^i*^-'"/''^^?? ^^y °®^^r «f ^ municipality Officer, to possible. ""K-iHo sucn valuation as speedily as the^^BoaTd' tf whir7)f '°™"'^''^"^^^1 ^^^" ^^ P^id bycommlsslon- wie xjoara to which they respectively beloncr nf + hi ere paid by sarnerateperday as above ^rovidk iucludinr^f expenses '"'^''^ ' ^n!^ -Tk"'"^' /°" '^'^ ^^y ^^^^ «ha" be "actually em- t7it? the performance of any duties imposed upon them by this Act, or under any of the provisions thereoT and such payment shall be iade by the seveml T^f.i dis net boards (as the case nv'iy I) Ldlh^} b^e e tf mated for as a portion of the neLsai> expenditure of sa^d board to be repaid to them by the municipalities and the included m amount thereof chargeable and to be charged to eLhcf the ''""'^^^• municipalities respectively, shall be apportioned accord n. to the real estate valuation of each of slid municipalises as're t.irned by the said assessment commissioners; eTept incases where they shall be required to act as arbitrators when the XZl b?r\rrT^^*^^^ ^^^""-'"g «"«h arbitraton o- charSle with^^^^ '"^^ arbitration, shall be cftargeable with the whole of the expenses and payment of SrSr"' -'"-^---« while' B3 engaged 'on such said^fh J\l '-'^ Tu""^ in duplicate, so to be made as afore- Report, to be said, shall be signed by said assessment commissioner making "' ^•^p"«'^'« kr^^ «hall append thereto a statutory declaration verifyinf ' the same and stating that the said valuation was fairly and irapartially made according to the best of their judcrment and ability and that he believes the same to be a just SCe vaTu" be correT ^' particulars givei in the report, to 440. The secretary-treasurer of the judicial district board ^ (as the case m%y be) shall on renpin^ nf ih^ o.;a '^°*'^^ Extracts to be ).r.r«rv,;cc; ' ^ "'^;^»»i'. "nreceipcot the said assessment sent clerks o; commissioners report, furnish the derk or secretary-treas- iu^"'°''^'- ■ much of said renort as shall relate to each such municipality respictively ana the said valuation shall form the basb for ohe equalization ot the real propery of the district for a period J i ^»^Mw 148 Cap. 11. ASSESSMENT COMMISSIONERS. 47 Vic. not exceeding five years ; and with the personal property as shown by the assessment rolls of the several municipalities, if conisdered neccessary by the district boards, shall form the basis on which the sums to be levied and collected in each municipality respectively, for county or district purposes shall be appointed. Municipal clerks to facilitate menta. 441. In order to enable the district board to make such equalization and apportionment, it shall be the duty of the fXbriend^' clerk of each municipality,* not later than the first day of ing state- June in this year (1884) to transmit to the district treasuaer a certificate sealed with the seal of the corpora^ n, giving the aggregate value of the real and personal proj.jrty of such municipality as shown by the assessment roll therefor, although the said assessment roll shall not then have been revised or finally revised; and the clerk of every munici- pality with as little delay as possible after the final revision of the assessment roll, shall in each subsequent year, as soon as the roll is revised, transmit a copy theref to the district treasurer of the district within which the municipality is situated, but the neglect of the said clerk to do so shall not prevent the district board from equalizing the valurtion of the several municipalities according to the best information obtainable ; and any rate imposed according to such equalized assessment shall be as valid as if all assessment rolls of the several municipalities had been transmitted ; provided always that the clerk of any municipality failing to transmit said copy of assessment roll to the district trersurer within one month after its final revision, shall be liable to a penalty, on conviction before any Justice of the Peace, not exceeding one hundred dollars nor less than twenty dollars, to be recovered on the information of the district treasurer, and to form part of the general funds of the district. 442. The board of every district shall at its first meeting in every year ascertain and settle as nearly as may be, the amount which shall or may be required for all county pur- poses for the current year, including the amount required by the judicial district board under the provisions of " The Judi- cial Districts Act, 1883," and its amendmen+s ; and the said board shall, on or before the first day of July in each year, examine the assessment rolls of the ditftrent municipalities for the proceeding financial year, (or the certificates of the clerks of the municipalities as to the total value of the property assessed to be given under the provisions of this Act in the year 1884,) together with the statement or return of the assess- ment commissioners then last made as to the value of the real property liable to assessment in each of said municipalities, and on the basis of the said returns and valuatioris shall apportion the sum that each municipality in the district shall be entitled to pay as its proportiou of the aggregate amount Penalty on default. Board to estimate for county and district ex- penditure. ^»^Mw 47 Vic. jperty as cipalities, form the 1 in each OSes shall ake such ty of the it day of treasuaer ;iving the ' of such therefor, ave been munici- revision r, as soon 3 district ipality is shall not urtion of 'ormation equalized lis of the d always imit said ithin one lalty, on ;ding one •ecovered orm part meeting y be, the aty pur- uired by 'he Judi- the said Eich year, .lities for he clerks property ;t in the le assess- the real sipalities, ms shall rict shall amount 1884. NEW MUNICIPALITIES. Cap. 11. 149 for all county purposes for the current year, including the maintenance of the jail and court house and other exp^^^^^^^ r^nn/v ""^^^ ^^X<^ounty is made liable under this Act^upon requisition from the judicial district board or otherwisk sotw'fwf-^ a new municipality is erected within a district Vainations of fnri\: f"'^-^''®''™^"*^ ""^^^ °^ *^e ^ew municipality r"aiTtir"'''- fh. i ? preceding year and no certificate of the value of the real property of the new municipality by the clerk as roTrofthT r^'""^'' >'^ ,'°^^^ «^'"' ^y examtni^^^h thiniw .*o.r«^er mumcipahty or municipahties of which the new municipa hty then formed part, ascertain to the best ,V5ni^-f J"^^'"^".* ""^^^ r^*^ oi the assessment of the mun- aXwb^«rZ"u"P^^*^''' has relation to the new municipality, and what should continue to be accounted as the assessment ot the original municipality or municipalities, and their sev- eral shares of the amount required fo? county purposes shall be apportioned between them accordingly ; and in the case of rr new municipalities erected out of uno|Ini.ed rSinrcVal Ls i'^^^^^^^^^^^^ the board shall determine the amounts to be levied L said oTSctt tt sir ^ '^''''''' ^' ^^^--- '^^ -- the*d?.;r^^l<^ ^^r™ '' *° ^' ^r''^^ ^°" "^"^■^^^ purposes, or by By-lawa 446. Subject to the provisions of this Act the district trea certity to the clerk of each municipality in the distnVf iha ^-^^ci "^"°- otal amount which ha. been so dir^cted^^ brLytd ThereL ^-^^^^ poses of any such locality ; and the clerk of the municipamy shall calculate and insert the same in the tax roll for tS IZi'/'f ^^^^•'^^^"ff oi each municipality so assessed, shaU provide for and pay the amount so required for county pu" ti^d bv fbrr7^'^"lr'."'f .^^ f^^ ^''^''"^^ ^^thln the time hxed by the by law or the district board, passed in reference thereto; and m case any municipal council shall fail to cause bnar^b %\'^T.'^ ^""^ P^^^ ^^^^^in the time so fixed by the' board the district treasurer may by warrant direct the sheriff to levy the same in the manner provided for levying execu- tions agamst a municipality. ^^ 446. Nothing in this Act contained shall alter or invalidate n . . u " any special nroviainnQ fr... fKo „^iu„i: e _ , ^'^ ^"y^'^aa'te County debsn- ■ J. iS " r ^' • • •-•lie- ixuii ui a race tor lliterest, '•"^'^s'^o iTartuniot^'T' ^^f-^^' «uc\provisions are contained ar"^- • fu^ ^unicipax Corporations Act heretofore or still in force ^^"'^ m this Province, or in anj- general or special Act authoiizina. n 150 Cap. 11. PUBLIC WORKS. 47 Vic. the issue of debentures, or in any by-law of thu county or other municipal council providing for the issue of the same ; but in any such case wherever any Act, duty, contract, matter or thing is required to be done, attended to or disposed of by a county council or by any officer of a county council, or any obligation incurre 1 by such county council, the same shall be done, attended to, satisfied, completed or performed and dis- posed of by the judicial district board having jurisdiction, and for such purposes or any of them, the said district board shall have all the necessary powers and authority in the premises and may delegate such powers and authority if deemed advisable to the secretary-treasurer of such board or any other person. Mnintenance of inter-mun m 447. It shall be the duty of district boards to erect and icipa^^nc^B. maintain bridges over rivers, forming or crossing boundaiy lines between two municipalities (other than in the case of a city or separated town) within any county ; and in the case of a bridge over a river forming a crossing of a boundary line between two counties, or a county and a city, such bridge shall be erected and maintair^ed by the district board (at the expense of the municipalities interested) and by the council of the city respectively ; and in case they fail to agree on the respective portions of the expense to be boi'ne by each, it shall be their duty to appoint arbitrators as provided by this Act, to deter- mine the an^ount to be so expended and the proportionate share to be borne by each, and the award made shall be iinal. Road b7-Iaws to be regis- tered. County by- laws respect- ing ecu r* hou8«s and goals may be carried out by board. 448. Every by-law passed by any district board under the authority of which any street, road or high-way has been oi is opened upon any private property, shall, before the same becomes effectual in law, be duly registered in the registry office of the county or other registration division in which the land is situated ; and for the purpose of registration a dupli- cate original of such by-law shall be made out, certified under the hand of the secretary-treasurer and the seal of the board and shall be registered without any further proof, the fee for such registration and the necessary entries connected there- with shall be two dollars up to eight hundred words, and fifteen cents for every additional one hundred words. 449. Where the council of any county, with the consent and concurrence of the Lieutenant-Governor-in-Council, shall before the passing of the Act have passed a by-law or made any^ provision towards the erection or commencement of the erection, or the purchasing of any building for a court house and jail, to be used as the court house and jail of the district within which such county may be situated, under the provis- ions of the Judicial Districts' Act, 1883 ; ii shall be lawful for such Judicial District Board, should they see fit, to carry out and perform the undertaking of such county council accord- 47 Vic. county or he same ; ct, matter sed of by il, or any ! shall be and dis- I'isdiction, I district ity in the hority if board or erect and boundaiy case of a le case of dary line idge shall le expense f the city •espective 1 be their to deter- late share al. mder the been oi is ihe same registry vhich the 1 a dupli- itd under bho board le fee for ed there- ards, and isent and 2il, shall or made nt of the irt house J district e provis- Lwful for larry out 1 accord- 1884. PENALTIES. Cap. 11. of saTd Wd W It '^'"' T""'" ^ '^ '^ ^^ ^««n a by-law PENALTIES. 450. In cases not otherwise sDeeiallv nrnvM^^ f -c person contravenes this Ao/«n?o^,i^ provided for, if any Penalties not proved by the oJ: ^tltt^^tt^T^^'^rJ ^'^f'-"'^ Icvte^d^y^dlte^sfarfr^^^^^^^^ ''''' '^^^^ beWb.dis. tice and the overphis, it^any, after deductic. the penaUv Ind ' costs and charges of sale, shall be returned on demand to iht owner of such goods and chattels aemana to the 151 453. In default of payment or distress thf y warrant signed and sealed as aforesaid, be imprisoned in'""«^*" the common jail of the district for a period of ZS tha^§« ™- .,:^u"^Z. ■;: ■■ . '"'-•. ""^'-^ ""^ cnarge« ure sooner naiH. by wIrranVsirned ZaII a T^'^^'^J *^^ °^^"^^^ ^ha imnriso„me„t ,7 ^^*^^^^^^ ^'gi^ed and sealed as aforesaid, be imnrisoned ,•„>" default ot the common lail of the disf.Hnf. tv.^ „ La «^impusoned in payment or one .justicfi. No such fine er;eZt jurdSn;^ *7i;5;Ved party Zfot. a^' co'^rt'^ISK" - " '6^'=' "■'ic sooner paid imDnsoiimeut shall be a bar to the 'II is 152 Cap. 11, COUNTY court and registry offices. 47 Vic. fi COUNTY COURT AND REGISTRY OFFICES. County build- ^^' The district board shall provide a suitable building in ingi. each judicial division in each county, at such place in the county as the Lieutenant-Governor-in-Council shall determine, for holding the county court, and also a registry oflRce, both of which may be in the same building, and shall suitably furnish the same, and shall, if considered necessary, provide a lock-up for and in the county, and shall have the care and maintenance of such court Care and house or building to be used as such, or for the said joint maintenance, purposes, and of all the oflSces, rooms and grounds connected therewith in the county, and the care and maintenance of said lock-up, (if any,) and the appointment of the keeper or keepers of said lock-up, and of the persons placed in charge of any such court, building and office or offices, where it is con- sidered necessary to have a person placed in special charge of any such building, office or offices, and shall regulate the duties of such person or persons so in charge, as to the proper lighting, heating and cleaning thereof, and generally as to all all other matters connected therewith, that shall seem to be required. •Expenses to be 466. All expenses incurred under the last section shall be munidpaiities » charge upon all the municipalities within such county, or Judicial Division and shall be apportioned between them ac- cording to their respective assessments by the district board in the manner herein before provided, and such municipalities shall respectively levy and remit to the district board their several proportions of such expenses as set frth in the state- ment and apportionment thereof, in the manner hereinbefore provided. Plans to be approved by Lieutenant- Governor. 466. The plans for any such county buildings shall, before any such building is proceeded with or any contract therefor let, be submitted to the Lieutenant-Governor-in-Council for his approval, and such approval be first obtained, and in the meantime until such permanent building is erected and ready for occupation, the board shall provide the best temporary accommodation that can be had in such central or suitable place or places in the county as the Lieutenant-Governor shall approve of, with the necessary appliances and requirements for holding said County Court and for registration purposes. Court House 467. Any building used or intended to be used as a court ™y*co^ciL** house, or any room provided for that purpose, may be also adapted to and used for meetings of any municipal council within such county and for the offices of its officials, except as u biiub puiuiuii v.iiicii may vc ii; uac Uo u rcgj.jtry onice or Dy the County Court clerk as an office for the transaction of the business connected with the said court ; and any such municipal 1884. GENERAL PROVISIONS. Cap. 11. 153 agreed upon. * "^^""^ "^ "^^^^ ^« reasonable, or da«On"sh^j!rnnr^^'?^P'''''^'^°^' ^^ C^'^^tj Court a^COmo- Assize tcw„, aawon shall not apply to any case in whioh ih^ n^, o^y^mu not affected «.ry accommodation in such buildlg'a, may te'c^reri uTn" -the foregomgprovisiona a, to County Court ^commodTtC being, however subject to certain otherV-ovis ons ofT, aT",''!"'''"- under which the court house and i«il ™.., T • , ^''*- """^ owned by a particular citTo^ "wn^lnwUV"'"; ""' GENERAL PROVISIONS. bewL\ram^fn.^-"''^'-P^^ ^"^^^^ shallfail to cause to Levy by sheriff Districtpnrpo^un/erTe^iSlSlDiS^^^^^ wrSvrh'Xdti5"'B£ctxr "v^^^^^^ direct the Sheriff to kvythftme i^T.^' ""^ ^^ "'^'""* for levying executions Ig^st^Zu^^^^it;''''''' ''""''"' co;l^es,dl™lsLVrSr„s°»dX^^^ anv <»fflfiif o f^,. +1,^ i«KUiauons, and all matters and thines in i" separated any statute tor the regulation of or relating to r.n»,.f iT^ counties, thitTt tZ:':^: 1St<^^ sepaJ^S^XTe-^tLTS by the dist^WWd ' "' "^^ ""^ """*>- »■'«' -"""^^d jaiUr^oltpoYlt^ernrorSira:^^^^^ pay to the d&nct such comyLaifon tltfo" L«^^^^^^ and maintenance of prisoners, as may be ZtuXl.! ^ " or settled by arbitration undir thi^Act ^^""^ "P™' Ln settled byaSio". SlXX^!™-?!."-'.''-'-* SSL'S mg of this Act, it appears reasonable'to theLieutomt 0?v„T nor-in-Council, upon the application of either Bartrth»r*t amount of the compensatio^should be i-e-consiSS, te may I 154 Cap. 11. GENERAL PROVISIONS. 47 Vic. Rules of order in councilB. by an Order-in-Council, direct that the then existing arrango- Proviso. ment shall cease after a time named in the order, and after such time the board and council or councils shall settle anew, by agreement or by arbitration, under this Act, the amount to be paid from the time so named in the order. etc"'^he?e'to-' ^®- Nothing herein contained shall affect any lock-up fore'estah- court-house Or prison heretofore lawfully established, but the same shall continue to be a lock-up, court-house or prison, as it established under this Act, until otherwise provided. 464. Every council may make regulations not specially pro- vided hj this Act, and not contrary to law, for governing the proceedings of the council, the conduct of its members, the appointment or calling of special or general meetings of the council, and generally such other regulations as the good of the inhabitants of the municipality requires ; and may repeal, alter and amend its by-laws, from time to time, save as by this Act restricted. 466. A council may grant exclusive privileges in any ferry which may be vested in tne municipality, represented by such comicil, other than a ferry between a Province or Territory of the Dominion of Canada and any foreign country, or between tw* Provinces or portions of the Dominion. 466. Every by-law shall be under the seal of the corpora- tion, and shall be signed by the head of the corporation, or by the person presiding at the meeting at which the by-law has been passed, and countersigned by the clerk or acting clerk of the corporation. Evidence of 467. A copy of any by-law, written or printed, without y- aws. erasure or interlineation, and under the seal of the corpora- tion, and certified to be a true copy by the clerk, or acting clerk and by any member of the council shall be deemed authentic, and be received as prima facie evidence in any court of justice without proof of the seal or signature, unless it is specially pleaded or alleged that the seal or one or both of the signatures have been forged. Ferry prlyl- leges. By-laws t^, signed and se tied . Settlement of debts and assets on dis- solution of union of counties. 468. When any county or counties shall, as provided for in this Act have been allowed to be separated from the united counties, and the necessary property and the proper buildings have been procured and erected for a court house and jail, or lock up or other County Buildings, and approved by the Lieutenant-Governor-in - Council, the councils of the several municipalities within such county, county from which it is separated shall enter into an agree- ment for the settlement of their joint liabilities and the dis- 1884. GENERAL PROVISIONS. Cap. 11. 165 thereof a^ may be just, and the value of the real estate wLvh upon the separation, becomes the property of the amXma^^^^ counties or newly created countien rescectivX o«^^ • provement effected by the union whicTSe/^^^^^^ the exclusive benefit of. shall also be taken into SX^ ^"^ aucLi i^uuiities are unable to determine by agreement thp .jAvorpi '^^"^ °f dis- matters herein mentioned with respect to "thoirdebta 3, '""'' rbitafrd:r\rA:t^':inri:".='Tr'^»^^ county found iiabie'shll,^;^ L^lht' iT^K t^ Z^^ Der annum frnm the. A^,r i, ."'^''^/"''^'^est at six per centum interest on JkoH v^^ -Tj 5^ ,J °^ ^^^^^ *he union is dissolved and**"** shall be provided for, like other debts, by the municiDal conn cils of the county liable therefor after separation. ^ na?Jr?'and khl'dwh^f "'*'''• °^"ff\*i«"« ^^d contracts of every Contracuof nature ana kind whatever, incurred or entpr^H ,•n^■/^ i,„ H ''"""ty coun- the existing County Couneils within the pSe^fte^'ftfe" i^ it m"^ "■''. ^''- *"» ^^ n»ll and ornoeSS"""- shall not be bmding or in any way obligatory upon mv ,^h po?ntodlioir„wf„™ef;!!irntt;\;frm^ '""■f ^ -P-Vp..n.»»,. wnH ih^ ar^hu^^i. "^''"^^v . one oy each municipal council-"^ arbitrators and the arbitrators so appointed shall name a rhJ^r^r. ,« +• ' amongst themselves but should thevfa^Hn dn «.^t^ " *'"''" shall have full power?o take into ersTdeS^or ? e' eate" of disagreement between said municiDaIitie7 m,!^ .?£WtSB-hTb^%Sei^^ law IS provided in reference to awards. ^ 472. All assessments made and rates heretofore »f.„„v v.. . mumcipaui.es- are iiereby confirmed, and declaVed ■;dM and-'-^r-n- bmding upon all persons and corporations affected therebv "'''■ whether one or more such assessment may have b en made or' '3 Is). 1.1 ' i 156 Cap. 11. COSTS, ETC., OF BUILDINGS. 47 Vic. rates struck in any one year but this section shall not in any way effect any appeals or casses pending at the time of the coining into force of this Act where the validity of any such assessment or rate may have been questioned. Mi^icP 473. Where any municipality with the consent and con- to contribute** currence of the Lieutenant-Governor-in-Council, shall, before buudings'*"'' the J>a8sing of this A.ct, have erected or commenced the erec- tion or purchased any building for a town hall, registry office, County Court office or any or all of these purposes, and the place where such building so situate, shall be selected as the place where the registry office and County Court is to be kept and held for the registration and county court division under this Act, or as the place for meeting of any municipal council, or for all or any of such purposes, the municipalities comprising such county shall, unless where it is other- wise agreed as herein mentioned, be bound to contribute towards the cost of such building pro rata, according to their respective assessments, in the same manner as any such building for a like purpose is required or intended to be paid for in future after this Act comes into force ; and the municipality by which such building shall have been erected mun'iti^a'i?t^y*^ ^^ partly erected, shall be repaid through the district board, makingr ex- the amount of its expenditure thereon, including the cost of the site and the furnishing thereof (in case it has been and is furnished) less the proportion which the said municipality owning the building and site shall be entitled to contribute as its share of such expenditure, and it shall be the duty of the district board to apportion the paj ment of said expenditure amongst the several municipalities which under this Act are required to lurnish registry offices and county court accom- dation in and for the county to which they belong, and also to cause the amount required, as aforesaid, to be collected in the same manner as othei- sums required for county purposes. peuditure. Councils to pay for use of county buildings. 474. In case the council of the municipality in which any town hall or building for county purposes as last above men- tioned is situated, or any other municipal councils in the county, shall desire to use such building, or part thereof for the purpose of its meetings or other local municipal purposes, it shall be entitled to pay for such use or occupation to the district board, such a rent or sum as shall be agreed upon between such municipalitity and the district board provided that the said board shall consider the accommodation sufficient for such additional use, and shall deem it advisable to enter into any such arrangement. Disputes may 476. In case of any district board being, for any reason, hft nnbmitt^ unabls to ssTSBQ fis \jo ths Emount which should be Tsaid or be to Lieut. -Gov. "V\ "V"" ■"• "V-^ ~ '.".' \-i. i" A," ." " inCouncU. , payable by a municipality or municipalities under the provis- ions of the two last foregoing sections, or as to any other ' ll ^S**- ACTS OF FORMER CORPORATIONH, CaP, 11, 157 Jrni* n7 *ri"^ J f^Pr^ed to be under the authority or con- emor r^^^^^^^^^^ ^ ^"?"^ ^ *^« Lieutenant-(^v- A^ete :::^:y^ssj^ rsss^vr; :J.Sj^f»- council to the Minister U Public Vorks/have bL approver*'^'^^ tne plans of which have been approved to be erecffld In accordance with any such resolution or by law. ^ '"^ 477. The county councils authorized to be formed imrl^r the provisions of 45 Victoria. Chapter 3 are herrbTlclarpH S?""*^-""" to have been bodies corporato and politic fof the purposes ^'^^^^^ its act oniv n ?«^ "* *° k^^' ^""'^ ^"^ *« ^^ responsible for Its acts only so far aa such corporate bodies are lawfullv so foriTi '" P^«^\«di«g« taken and things done aud per° sa[d Act U^fh'"'^ 'T.'", ""^^^ ^^' -"thority gTven^by said Act, whethar completed or in course of comnletion nnJ htr:ty"hSdt S ^Tr 7-' .^^ "°*- shalfbeTnfcd '^e Trl^TcttWeor ''-''''' ^"'^^^^ ^°^^^^^"^- - PW the^MunSp:^^^^^^^^ ^,° r^^*^'^^^ -t the time LiaMuuea or uuiYjJttiiwes Act, I88d, was passed, has incurrpd a HpV^on F°""'y mun- nTo'forcf "/'I' -hich shall be Lpaid when tL it comLl^^'^S^^^^^^^^ eHhe^with^^ T^S '"'^ T'^'^ municipality was diWded M.'^''^ !!w;*t . .'*^?^ ''^ ^'th a portion of or the whole of another municipality or portion of or the whole Tf other county mun cipalities, into local municipalitiC under sdd Municipa ities Act 1883." so that the countr'municTDdttv having such debt shall not be coterminous with^aS mS pahty created thereby, the Board of the Diltrict S hi Xch Lund sTnl^nT "nt"^' ^^f II apportion the amount for fnter rearlZnZ^ Z "•'•'' ^1 •^*' ""'"'''^'y ^ ^« ^^i««d in each ITL ^■^ t^^ municipalities or portions of a municipal- ^LZ"'T''^^^''''' P'^P^'^^y ^^*^^« t^^refor. and shaU fi7the pe'r wMc\'LT""r ^' \Vf''^ ^^ '^^^'^^ "P«« the pro! pertjr which, at- the time that such debt wa.« ^nr."^>.--^ .«»- Jhf hi r "^"^^^^^K liable therefor under the" pro^isions^^ 3 may fawfulir.r*^"'l '''^'^^ '^'^ ^'^'' ^^^ «hall ani may lawfully «dopt such means as such board shall think ram . $1 158 Cap. 11 DEBTS AND A8SETS. 47 Vic. Rates to be levied. Interest on debentures. Settlement o.^ inter-inunicl- Pftl debts. proper and advisable for having such rate or sum levied, with other rates for county purposes by the municipalities or portions of municipalities liable therftfor, a.s aforesaid, and the same shall be so levied and collected in the same manner as other taxes, and shall bo paid over to th^ district treasurer who shall keap a proper account thereof, and, as the a^-ent of the municipality or municipalities, whole or fractional, chargeable with such debt, shall pay the interest due from time to lime on such debentures, invest the sinking fund under the instructions of tho District Board, and pay, purchase, or redeem said debentures in the same manner as if such debt had been incurred by the Judicial District Board. 479. The same principal for the settlement of inter-munici- pal Indebtedness oo far as applicable, or as it can be made applicable, shall prevail in other cases which may arise under this Act, or the provisions of " The Municipalities Act, 1883," bat which have not been specially provided for herein. Debts of 480. Where a formerly existing, other than a county muni- Sp'rtie" not cipalitv has incurred a debenture or other debt which was coterminous, unpaid when the divisiorl into municipalities made by the Municipalities Act, 1883, came into effect and when such municipality was divided either by said Act or by or under the provisions of any other Act so that the municipality having such debt shall not be coterminous with such other muni- cipality, or municipalities, the Board of the judicial distn^ in which such municipalities are situated shall apportion' the amounts necessary to meet payments on account of principal and interest amongst the municipalities or portions of muni- cipalities properly liable therefor and shall otherwise have the foregoing powers mentioned in this Act necessary for the purpose of levying and collecting rates therefor and enforcing pa3''ment of the same upon the municipalities or parts of municipalities and the lands therein properly liable therefor by distress or sale of the land for taxes. 481. Where municipalities existing previous to the coming into force of The "Municipalities Act, 1883," may have been possessed of assets when the said Act came into force consist- ing of cash on hand or due by collectors or treasurers, taxes, rates, moneys or debts due or accruing due or which might hereafter become due to the said municipalities, or of any kind of real or personal property, and such municipality either within itself, or with the whole or any part of any other then existing municipality or municipalities has been divided into local municipalities under the said Act, or this Act, in such a manner that the said municipality having such assets shall not be coterminus with some local m.uuicipality created by said Act, or this Act, the u.'s.se.ssinent commissioner of the said judicial district within which such formerly existing muni- Appoi by board. irtloned Assets of former niuni- cipalitieB not coterminous. Apportioned ^y commis- sioner. 1884. OLD ASSETS. CAi*. 11. U9 tionedamon J r h. ^^V^^'^. ""^nn^r divided and appor- J'. jioportion to the equalized assessment thereof respectively be apTOrtioi^ ,, ?f ■ . '- / °* «''«■" 'hall tion or apporUonS Zll ?^ fl''"""^- f ^"^ »» sueh parti- t»,«.„„ treaani-, Vif Vi. • ?i j '""^*' '*'"' "'»''''• and the secreUrv- ""■"■ intfLror'ThTM^nl^ • '^•f ^'*?^ ^^^"^°"« *° *h« coming A..uof rx^o J n ^ Municipahties Act, 1>^S3" mav hnvA >^«„ «"-«winou8 created by wd let .n ...kf °' ^"* municipality hereby df rdtfia"^: W yeXd^r^dTr^'ir.^T, t ad SrT„'r-'r:r''™'P*"'^ "' the ^'e who*' 'III J.^^",. and the officera oTtll?Jf ^" "^ ^^^.°^ *^« ^^««t« aforesaid er''^„?^"'.!"l*4i"J,P?y'™''t. '^'^H assignment or deliv- P.,*, u, t i « .1 in»Kl 160 Cap. 11. OLD LIABILITIES. 47 Vic. S s i'"- Liabilities of i^otermln- 0U8 munici- palities. Provision for payment. 484. Where any municipality such as mentioned in the immediately preceding section has incurred adebenture or other debt or liability or entered into any contract which was unpaid or subsisting when the division into municipalities made by " The Municipalities' Act, 1883," came into effect, all such lia- bilities were and the same are hereby declared to have become the debts and liabilities and contracts of the said lastly men- tioned municipality at the time when the former municipality ceased to exist by the coming into force of " The Municipali- ties' Act, 1883," and the said municipality so coterminous with the said formerly existing municipality shall make provision for the performance of such contracts and for the amount necessary to pay and satisfy any such debts and liabilities o^ any interest and si iking fund thereon as the same shalJ ' '6- 3ome due, and shall yearly and in every year fix the prober rate or amount to be raised by taxation upon the property within such municipality under the provisions of the by-law or authority creating said debt, and shall levv and collect the same in the same manner as the taxes undei uhe provisions of this Act. Old collectors 486. In cases where it' may be deemed advisable under the tinned. the circumstances set forth in the preceding sections, the judicial district board, or the municipality in whom the said assets are vested as aforesaid, may upon sufficient sef'urity bonds being given continue in office the collectors, to whom the said formerly existing municipality or municipalities may have entrusted the duty of collecting any taxes or rates to them due or accruing due, within the limlcs included in the tax roll under v.'^hich such collectors were proceeding to make such collections, until and up to the first day of flMt^oTNov^'^ November, A. D. 1884, within thirty days after which latter date all returns in connection with the said tax rolls shall be fully made by said collector or collectors and other officers, upon whom the duty of making such returns is imposed by this i^ct, and thereafter the provisions of this Act shall apply as if such taxes and rates then remaining unpaid were arrears of taxes for the year 1883. 486. The award or decision of the said commissioners shall be final unless disputed within thirty days from the notifica- tion of such award being mailed to the clerk of the municipal- ities interested ; but in all C6ised an appeal or reference may be had from such award or decision by a petition presented by the council of any municipality interested to the Judge of the County Courts of the Judicial Dirtricts, within said thirty days, and such Judge shall decide summarily upon such peti- tion or reference and award costs as to him may seem proper uiiucr hiid eircuiiistttiieeH, aiiu nis ucciSioii sriaii oe niial and not subject to appeal or to be removed by certiorari or any other proceeding. 1881. Arrears of taxes. Commiasion- ers award subject to appeal. 1884. rORMER MUNICIPALITIES. Cap. 11. 161 wmb inej snail be occupied m obtain ng information for F""""' «'»""■ zii::^jy'' "^"ii^ '^''^ ^^^p^«t-« dLtrirtniake""«ss?o to anio?fcion «n 1 :?"^/"^bi« ^^^"^ intelligently and properly Sl?1n°^i^5: to apport on and divide such assets of any formerly existing Pa"««»- ITTim'Z T"f ^' '' ''^'^''^ b/the Sic^pS i"? therVw.; K ^l ««f vinous with any municipality created therebyor by this Act. and the municipalities or parts of wStX'r'''^' /'^" bear the aWrierpensL incurred by the assessment commissioners respectively in ob- Expenses i?s^hallTT.H1 "J "^'"'^r ^"^.^^^"^ *^^* ^" *^^ ««-«« of dispute S iSunt n«rPTii^^P"""P^^^ ^^^^^^^"^ thesettiement 01 mter-municipal indebtedness, as set forth in this Act. n.^?'J^-® clerk or secretary-treasurer, or any officer or Officers of person having m his power, custody or control any of suchp?i?l?^ ™r*- assets as are set forth in sections 481 and 483 of thl Act or ^™ '"^^^^^ having ihe custody, possession or control of any of the books ^^0"°- papers, memoranda, statements, vouchers, or accounts or other *"""'"• papers, documents or writings of every nature and ki'nd what- P--.'c.-, ot, or belonging to any such formerly existino- munici- pality or county council or containing any entry or memoran- dum containing any necessary information concerning any of the above nientior? d assets thereto belonging, are hereby -■3quired forthwith after the passing of this Act, to forward the same by registered package through the mails or by ex- press to the secretary-treasurer of the judicial district board withm the limits of which, such municipality or county for- merly existed ; and in case any such officer or person should tail so to transmit the same within thirty days after the com- ing into .T)rce of this Act, he shall thereby incur a penalty of f«7°° not less than ten dollars, and not exceeding one hundred dol- lars, which may be recovered by. and shall belong to any per- son who shall sue for the same either in his own name or m the nanie of Her Majesty, with the permission of the Attorney-General, before any county court in the said judicial ^strict or in the judicial district within which such officer or person so having such custody ot control may be resident, and in default of payment thereof with costs, or failure to levy the same by execution or distress within sixty days after judgment shall have been rendered against the detendano in such suit, the said officer or person so offending may be imprisoned in the common gaol of the district within wHch he is resident for a period not exceeding ^'es'taved. tairty days, but nothing herein shall prenidice any othe? right, priA'ilege, action or proceeding that may lie for the recoverj'^ thereof. 489. In any case where a clerk or any other officer of a Proceedings municipality is required under any provisions herein, or under f'£- ^obe* the provisions of any other Statute of this Province, to per- tricrt!?6aSJ^ I ii 162 Cap. 11. FORMER MUNICIPALITIES. 47 Vic, whrre council form any duty or furnish any books or other requirements at to'Tcfntom'tothe expenses of the municipality of which he is an officer, in this Act. case the council of the municipality does not authorize him to perform such duty, or furnish such hooks or other require- ments, then it shall and may be lawful for the said clerk at his own expense or in case of refusal, upon demand for the District Treasurer to cause such to be provided or to pro- ceed by mandamus, or otherwise to perform the duty as so im- posed and the expense incident thereto or connected there- with, shall be chargeable to th* municipality. Separate ac- 490. The secretary-treasurer of each Judicial District foJmwmunici- Board shall keep a separate account aa herein provided for, of ^tbe^ke'lft^by ^^^ ^oneys and securities and all other vouchers, property and district treaa- 'effects of any municipality whose assets may be subject, to surer. division a. d apportionment within his district under the pro- visions of this Act, and before any disposition is made thereof ^ all such accounts shall be audited at such time as the Judicial District Board shall appoint, not later than one month after the books, papers and vouchers have been handed over (or j*;J'^°t^3*«'°*'® sooner, if possible) md.the sureties for all officers of any such municipality who may have the custody, possession or control, of any such assets, so subject to apportionment, shall not be relieved from any liabitity upon their surety bonds until such officer shall have fully and finally accounted for all such assets and been duly discharged by a resolution of the Judicial Dis- trict Board. The audit of such accounts shall be made by two auditors in each district to be appointed in due time by the Lieutenant- Governor in Council, each of whom shall receive for making such audit such sum as may be fixed by the district board. tjpecial audi' ton. Act in fofce. Co. Councila abnlUbjd. 491. This Act shall come into force on the fifteenth day of May, A.D. 1884 ; and from that date all the functions of county councils and of all the officials thereof shall cease. Provided, however, that all sureties shall remain bound and all surety bonds shall remain binding and effective until such officials shell have fully and completely accounted for all accounts and transactions, moneys, securities and effects and all property, Count book? ^^^^ ^^ personal, of every nature and kind whatsoever by papers, ctc° to them held in virtue of such office, or being or having been in to diSt'^'"^ <^lieir power, custody, possession, or control, and all such assets, ti-oasurer. real and personal, of even- such county council shall be and become the property of, and the same are hereby vested in the Judicial District Board of the District within which such county may be situate to be by them held in trust and appor- tioned and divided amongst the municipalities or parts of municipalities entitled thereto to the end, and in the man- ner provided by this Act, and ail debts, liabilities and con- tracts of such county councils hereby abolished, which may ^e unpaid or subsisting when the abolition of such county 47 Vic, jments ait officer, in ze him to ' require- l clerk at i for the )r to pro- ' as so im- ;ed there- District led for, of perty and subject, to r the pro- ie thereof e Judicial )nth after d over (or any such )r control, 11 not be until such ich assets licial Dis- > auditors eutenant- ir making board. th day of of county Provided, all surety ti officials ounts and property, oever by g been in ich assets, ,11 be and vested in hich such ad appor- parts of the man- and con- lich may h county 1884. COUNTY COUNCILS ABOLISHED. Cap. 11. 163 fhr 1 U r^r!-* '"^ T^"" °^ ^^'^ A«t, shall be and become t f^^f'V^^'^'^}'l and contracts of the Judicial DiSt Board within which such counties are situated which shin JSf :Z;r" ^^^ *^^P-^'«™-ce of such '^l^^^antil the anount necessary to pay and satisfy any such debts and »°^."*«"«^ at. rn',?^ '"^ f'''''\ ^^ sinking^fan^ thereon^ the and'^'^ts"^- same shall become due, and shall yearfy and i u every v6ar cC '^'"^- estimate and obtain from the m^icipalities inteSd^the amount necessary to be raised for such purnSes and «il «iii cTarra^lTtr^ for the purposes ^fSid'shdltra cnarge against the municipalities or parts of municinalitip^ formerly constituting the county by whom such debtri ab hties or contracts were entered into or incurred and shall be • apportioned among and required to be raised by such munici Tss rments'in L^^^ sZ^'P'"''^^ '^^"■''.?" '' *^^^^ ^^ualized &,$? -^ assessments m the same manner as provided for the raisin^ of ^^^^^^ p*^- another amounts necessary for district and county purpo^ses '"" and for such purposes shall have all necessary powerfand authority granted in virtue of any of the proWsiCof the by-law 02 -nactment under the authority of which such 1 abil ity was incurred or contract made, and of this Act in so fir as the same may apply. ^° ^^^ Provided also that any officer of any sur' county r^A ."^^1?'%/^'^^°^? /^^" «^^^« by the .at?on ofp-iso « to damages, or otherwise than an amount equal to three Zv d:/?^'^j: '^^r ^^' ^°°^^"^ ^"^° *'°^«^ '^f this Act, and provided fur her that no member of any such county council sha 1 be entitled to claim or have any sum of money as dam ZVff ""^^r^"'?/"' °" ^^'^^ °f indemnity or salafy beyond the hfteenth of May next, which may have been fixed orCo l^cS'srSSlT'^ ^' such member of any such cou^ no?^^* ^i'^^r^'" ""'^er the provisions of this Act it may be Joint meeting necessary for the purpose of effecting any negotiation aoTee-?fJ^^"°" ^^^^^^^ ment or arrangement, or deciding ujon any Siatter or tCa "' between any tTirec or more municipal corporations a meefcinS ' ot the mayors and reeves of such municipalities shall be con° ,T^n *i.^ oeeretary-treasurer of the judicial district board upon the oraer of the chairman, at some convenient place to„ be mention.... in the notice of such meetin G wholly complied with, may be authen- Debentu'-es ticated by the Provincial-Secretary in the manner provided tifledbyTudg'^ V the " The Municipalities' A* , , 1883," or this Act, by endors- ert^y''p?ov,^:^"«*^®^*^°^^^^^^^^^^^ l"s signature ^ad the seal of the a' d makc^'^^ Province thereto as provided in thi ; Act, and when so endorsed, absolute ''proof signed and sealed shall be rendered binding upon the munici- of validity, pality issuing the same, and an absolute and indefeasible security to the lawful hold. , thereof for the amount of such debenture or debentures and interest (if any) made payable thereon as against the municipality issuing the same, and such endorsement shall be full and absolute proof that all necessary proceedings respecting the issue of said debentures have been substantially compli -d with, and the said deben- tures themselves are legal and regular, and within the scope of the said Municipalities' Act, 1883. and that the by-law under which said debentures have been issued was legally and properly passed. ES^en- 5^2- ,^l debentures of any municipality issued either dorsed deciar- under Ihc Manitoba Town Corporations' Act" and « ««f* • the the Acts amending the same or " The Municipalities' Act, 1883," or partly under the one and partly under the other, and having been passed and certified by a county court judge under proceedings in conformity with sections 124 to 147, inclusive of " The Municipalities' Act, 1883," such de- bentutes being endorsed in effect as provided by section 143 of said lastly mentioned Act, sealed with the seal of the Pro- vince and bearing the signature of the Provincial Secretary or actmg Provincial Secretary, are hereby legalized and confirmed ana shall be thereby rendered binding upon the municipality issuing the same, and an absolute and indeaKablp, sppiirit.-"- to the lawful holder thereof for the amount of such debenture and interest, if any, made payable thereon as against the 47 ViC. 1884. GENERAL PROVISION? Cap. 11. 167 mumfeipahty issuing the same, and such endorsement shall be received in all courts as full and absolute proof that all pro! . „ , Zt^Tu T^^'^lu^ ^^? '''''' °^ «"^^ debentures, and ^ihJ^tl'X/^"^ said debentures themselves are lejal and regular and within the scope of the said sections of "fhe Municipalities' Act4883 " '. and that the by-law, under which said debentures hav; been issued, has been legally passed, and that the said clebentures ' foTLrr^^ '"'"'^ thereunder, and it shall not be con peton iLTI r? ™"^^^»P^I^ty or any ratepayers thereof, or any person whatsoever to question the validit/ of any debenture so endorsed, signed and sealed as aforsesaid. or of ^anyhyfj^ on^fj *h« ?«th^o„ty of which the same has been issued II ^Z court within this Province. -^^ use^?^he?theTrpif ^"y local municipality or town may F.ncu and useeitner the french or English langua<^e or both in thp i?"'^""' ""^y transaction of alj municipal business ^v!thin the mticipalit ^^ '"•^'- ^ be valid ^'''''" ^""^ P"^^^'^'^ ^^ ''^^'' language^hali 404. All notices and advertisements required by this Act tL ZSa'^a"J/7/'^'P?r' '^4^^^^° ^' published in ^'V*^"'* me Manitoba Gazette during the period or time or times whpn '°«it?/ub]i8h. siich notices or advertisements shSl be so required to be p^ «-i""°^' mSnamv^Jn'lTl ^''' '^^f "? 1^°""^ °^ *^« ^"^'^^^ ^^ ^W Money by- municipality. not to be repaid within any current year shall 1*h^' 4/l^"»«» require to be submitted for the assent of the ratepa/ers in the -" manner herein provided, and to render the same valid t shall be necessary that it should receive the assent of three-fifths of the ratepayers voting on the by-law. COr^DoLl^n ^Zu7 ""' J'^^'J^T '''''^^ ^y ^"y municipal Rateof ,nter- corporation shall bear interest at a rate higher than eiffht ner °«*"'n»'«d- centum per annum. " * ^ thfSLf'lJ T ^'""^ ^^^f^^^f passing of this Act. and until Lieut.-Gov to the next meeting or session of this Legislature the Lieutenant "^"^ '^^^°'- Governor-m-Council may from time^ to time by Oi^Lr ?n: ^?^- Council make such provisions for the proper and effectual '' '""*• working of this Act as shall seem necessary and expedient and by such Order or Orders-in-Council any apparen omi - or more of any apparently contradictory provisions ;eFealed and general y may put such construction upon any section 4'? "^ ^"^^"^ clause, provision or part of the Act, the meanin^of ThTc^''"''---^^^ may appear doubtful, or to be contrarv to «nmp°ntl... .i "'^"'*^- tiun Clause, provision or part, or opposed to the general ten^r spirit and intent of the Act. as the said Lieutenant-Governor.' in-Council may deem proper and to be the true intent, meaning k m Cap. 11. GENERAL PROVISIONS. 47 Vic. Orders in council refcr- ed to in last Bectioa to be approve t by tnej udges of To be pub'ish- ed in Oazette. Snort titlr. and object of the Legislature and not contrary to the general principles and spirlo of municipal law. 608. Such Order-in-Council shall, so far as possible be of general application to all municipal organizations of the same class or designation throughout the Province, and shall be approved of, as being within the scope, intent and meaning of this section, by the judges of the Court of Queen's Bench for the Province or any two of them, and upon and immediately after such approval the said Order or Orders shall be published ■ in the Manitoba Gazette and shall have the force and effect of law as if they had formed part of or been incorporated in this Act before the passing thereof and until the same shall have been passed upon by the Legislature at the session thereof next following the date of any such Order-in-Council. 609. This Act may be cited as "The Manitoba Municipal Act, 1884." 1884. JUDICIAL DISTRICT BOARDS. Cap. 12. 169 CAP. 12. An Act to amend the "Judicial Districts' Act. 1883." [Assented to 29th April, I884. ] Her Majesty, by and with the advice and conspnf nf fi. Legislative Assembly of Manitoba, enacts as LCsT sttutin» therefor fho ""%"»,"'*''"?".''»? thereof, and sub- •»•»'!"•■ andsuUtutingtherlfoX'^iolSturelp^^^V'"^''"^--'''' - 6. 2. Section 7 of the said Act is hereby repealed. Sec. 7 re- pealed. deL^bJVo^L Aera&farfcoSLf".^1''« "'^^^^^^ four of wiom shall b^ elected Snudlvt ft ""^ "'T^^"' ""^ after .provided by the ^^^S ZjSJmC^^^^^ZT pa .ties composing each Judicial DisSct rSMctivelv iTtb; ttSnSv':^ raunSl^"!' *" non.inKb;Ve"Lifu! electionsar^rran^arl^SLrof^h^L^r . ^ eact of tftSr^Lrtrrrd '"'?■/" r-* ^— -^ - purposes set forth in the Acts her^aftTr J ?"= ^T "'iSa."" in addition to all powera vestodT th. T^- •''?"l^'^' *"'' Boards by the " Ju^dicia Ks ricl" Ac^ ISSS" '1 u't"'' aJl the power and authority herein and in tL ■*«" ^.T Municipalities-Act, 1884 "set forth „. I- i.^T™''*''" Board, respectively. vvestern Judicial District ^ 6. Three members of the said Boarrl oi^oii f tnfif'.i'^"''''^°''"^ busmess,andinTheci;ofln%q7rtn^"""- ' votes,, the measure shail be held to have been carried t^thl • • ./ n '^1 if: 170 Cap. 12. JUDICIAL DISTRICT BOARDS. 47 Vic. Present boarda. P 1881 6. The several Judicial District Boards as constituted by this Act shall be and continue to be bodies corporate and politic until the third Tuesday in February, 1885, and there- after until their successors in' office have been selected as fol- lows, namely : — forisM '^"'^ (1) The Eastern Judicial District Board shall be composed of T. A. Bernier, Esq., chairman ; R. S. Thompson, Reeve of Louise ; Andrew Dryden, Reeve of MacDonald ; James Green. Reeve of Assiniboia , and James Colcleugh, Mayor of Selkirk. c. J. D. board (2.) The Central Judicial District Board shall be composed of Edward McDonald, Esq., Mayor of the Town of Portage la Prairie, chairman ; Mathew Ferris, Reeve of Portage la Prairie; Dr. T. W. Gilbert, Reeve of North-Cypre.ss ; J. J. Hamilton, Mayor of Neepawa ; and George Claxton. Mayor of Gladstone. (3.) The Western Judicial District Board shall consist of Thomas Mayne Daly, Esq., M^xyor of Brandon, chairman; George Forster, Reeve of Whitewater; W. J. Helliwell, Reeve of Woodworth ; W. J. Mauby, Reeve of Odanah ; and Charles A. Boulton, Reev.e of Ruslsell. • 7. The four elective members of the sp^d Board shall be chosen annually from amongst the Reeves and Mayors of the municipalities in each district in the manner following, that is to say : — uiot^™Miyis- (1) The Eastern Judicial District for the purposes of this . loM. Act shall be sub-divided into four sections, namely : — W.J. D. board, 1884. Elective mem bers. No. 1. No. 2. No. 3. No. 4. Central dis- trict. Sud-dlvi- sions. No. 1. No. 2. No. 3. " Section No. 1 " to be composed of the counties of Rock Lake and Dutierin. " Section No. 2 " to be composed of the counties of Man- chester, Morris, Carrillon, D'lberville and Lorette. "Section No. 3" to be compo'^ i of the counties of Selkirk and Varennes ; and " Section No. 4 " to be composed of the counties of Lisgar, Plessis, Gimli, Marquette and Fairford. (2.) The Central Judicial District for the pui-poses of this Act shall be divided into four sections, namely : — " Section No. 1 " to be composed of the county of Portage la Prairie. " Section No. 2 " to be composed of the county of Norfolk. "Section No. 3" to be composed of the County of Beautiful Plains, and 1884. JUDICIAL DISTRICT BOARDS. Cap. 12. ^^Section No. 4" to be. composed of the County of West- No... 171 A}?i'^ulT?'^r,^.^^^^^ purposes of thisWcrfern Act shall be divided into four sections, namely :— i^^f.^i^^^ RWe'tnS^tue Lt^^^^^ '' ^^« --^- <>' Sorns^o. r. and Dennrs.^°" ^ " *° ^' '^"'P^''^ °^ ^'^^ ^^'^"^^i^^ ^^ Brandon No, 2. J Sg S:un;at%"?°"' °' ^^^ ^°-^^- °^ ^--^o- NO, 3. Lakf^d Ru^s'll " *° '^ ""P°"^ °^ *^^ -"-*i- o^ Shoal No. .. tar^v" TrnA^f *^'^/ ^lin^^^/!" January in each year the Secre- sending out t^Lh n^r^'M^ '''"^ "^"A^^^^ ^^^t^i^t Board shall forward''''"'''" each nf ^l ' f^^^°'' ^^^ ^'''''' i'^ office for tha yeaTin o^lg W ''""' " '^^ ""''''''' ^ P^^^^^d b-"ot in he fo" FORM OF BALLOT. JUDICIAL DISTRICT. Section No. Annual Election, A D. 18 Fonn. hereby declare my vote in favor of <*e CO.. ^y H of the .fe?; ^^; t- &;■ 7 Of the '^i'' V "^1^.^^ ^^«*ri«t. as member Section No. for the yea^rlT ''"'* ^"^'^ ^°^ ^"^'^ (Siffnature.) 9. Upon receipt of such ballot, it shall be fho rlnf^r ^f +i. Mayor or Reeve receiving the same to fiU in the nam^ of t'SfP^ ^^'^ Mayor or Reeve within the section in which his mrLli??:?iii^?d-^ DkH W 'V''^ ? '''''"■'' *° y°^® ^'^ ™«™ber of sucrrjudTcml Distxict Board, to represent the said section thereon • and for the mformation of the Mayor or Reeve so votin'the secre 172 Cap. 12. JUDICIAL DISTRICT BOARDS. 47 Vic. Sec.-traaa. to endoi-s<3 and file ballots according to sec ions. Counting bal- lou. I i| tary-treasurer of the Judicial District Board shall forward alonjy with the said ballot a list of all the mayors and reeves within the section for which the member is to be elected, and any of said mayors or reeve*; slinil 'je eligible for election as a member of the said Judi • J P' •* Act Board to represent the section within which his ; \ :ni' paliiy may be situate. The ballot having been filled J t .. be signed by the Mayor or Reeve voting, and imi'^udiu returned to the secretary- treasurer of the said Judicini District Board in a special envelope marked on the ovf t :: ' Ballot for section No. " prepaid and registered. 10. Upon receipt of such ballot by the secretary-treasurer of the Bo. rd, it shall be endorsed with the date of the receipt thereof, and signed and placed by hii.i, without opening the same in a sealed envelope to be endorsed "Ballot for elective member, section No. A. D. 18 " 11. Upon the first Tuesday in February, at the hour of noon, or so soon thereafter as a meeting can be had, the said secretary- treasurer shall in the presence of the Judge of the County Courts for his district, or the chairman of the Board and one other person, who shall be either the sheriff, the pro- thonotary, or the deputy prothonotary, shall proceed to open the said ballots by sections, and to count the same, and upon such count, the Mayor or Reeve for whom the greatest number of ballots have been cast shall be the member of the said Judicial District Board, to represent the section for which he has been elected, for the follo"^?ng year. Casting vote. 12. If, upon said count, there should be an equality of votes for two or more Mayors or Reeves, the judo-e or in his absence the chairmanof the said Board shall in presence of the other persons present when the said count is made, and immediately upon the completion of such count, give a casting vote in favor of one of such Mayors or Reeves so having an equality of votes, and the Mayor or Reeve for whom such casting vote is so cast shall be the member elected for such section. Fi llngr vac- ancles in board. 13. In case of a vacancy occurring in a Judicial District Bdafd at any time during the year on acount of the death, removal, forfeiture or loss of office as Mayor or Reeve by any of the elective members of such Board, the chairman of said Boai'd shall issue his fiat to the secretary-treasurer thereof for the purpose of holding an election for the section in which the vacancy has occurred, and thereupon such secrefcarx'-treasurer 4-U. ,1 ^1. tion to each of the Mayors and Reeves within the section where the vacancy occurred together with a list of the Mayors 1884. ^ JUDICIAL DISTfilCT BOARDS. Cap. 12. havin^'nir '^'«^K^^^' el^'-'tion and a notice of the vacancy „in f " , elections, and the same provisions ^ rDD?v to annual e ections of such elective members shall aTsoTXfn ar.y elec ,on so held for the purpose TfiHin' anfvacancv n Boi^ds^nl^r'lL'ltr^^^^^^^ "^ fid Judicial District E.ecuon -or ary ancrFebruary A D 8«f ' ^ f^ '"'■ ^^^?^°^ths of Janu- '««^ thi I ;!:.!/ x^^' ■ •^**^''' '"^d dunng the same neriod the Lieutenant-Governor-in-Council shall nominate the resnec tive chairmen of said Boards, and thereafter Teh electLm oT'thricf in'tt^^ '^ m-^e annually under reVo'stn every year ^""^^^ °^ '^^"^^^>^ ^"^ ^^^^^uary of daf of^F^brurrv^fn^^^ into office on the third Tues- Te™ of 3 I ,,®^^"5.^y followmg such elect OP and nommation "^"^ ruarvtn hr'^""V,'} °^*^^ ""*^^ '^' '^^'^ Tuesday^rFeb cess7rs ?n oLrh ^°"r'°^-, «,^d thereafter until their suc- cZm^ybeT "" duly appointed ror elected, as ^A. niuf J .u' the duty Of the said Boards," which words were oznjtted through a clerical error in the printing TtheS ing^oitthfwori^-T!"'^' it^^'^ !' H'^^ ^"^^^^^^ by strik-See. ,o ing out tne word lo m the hrst 1 ne thereof and subsHfnf mrr amended. therefor the words "The said Judicial DistncTSs sSaS.^ strfldkcf'f r. J^' °^ i^u '^'^ ^'^ i« J^«r«by amended by See n striking out the word "county" in the fifth line therof *'"^«"«'i. a^d by substituting therefor "^ the word "munkipality '' ^JuL^^^'^l^Il ^^' i *^^ '^^^ ^^<^ ^ hereby amended bySec.ie substS' t 7^'^ "«°""*^y" i^ ">e fourth line thereof and •^'"^° ^«^- substituting therefor the word "municipality." and by striking put the word " Board " in the loth line theLf and LkS"^ lug therefor the word 'corporation." 20. Section 17. pf the said Act is hereby amended byX^J^d 173 !;i 1! u 174 Cap. 12. JUDICIAL DISTRICT BOARDS. 47 Vic. Sec. 18 amended. Sec. 19 amended . Sec. 23 amended . Sec . 25 amended . Sec. 28 amended . Seo. 29 repealed. Now section substituted. 1 J. D. board may levy on default. striking out the words "county or city and county" in the sixth line thereof, and substituting thei'efor the words "muni' cipality or city and municipality." 21. Section 18 of the said Act is hereby amended by iitriking out the words "warden of the" in the fifth line thereof, and substituting therefor the words "Reeve of each." 22. Section 19 of the said Act is hereby amended by striking out the first line thereof.^and substituting therefor the woi'ds "In the case of a town and municipality or municipalities, or city and municipality or municipalities." 23. Section 23 of the said Act is hereby amended by adding after the word •' same " in the nineteenth line thereof, the words " or situated within the county issuing the same." 24. Section 25 of the said Act is hereby amended by striking out the word " counties," \n the tenth line thereof, and si; jstituting therefor the word "municipalities." 25. Section 28 of th^ said Act is hereby amended by striking out the word " counties," in the third line thereof, and substituting therefor the word " municipalities," and by striking out the word " counties " in the ninth line thereof, and substituting the word "municipalities" therefor; by striking out the word " warden " in the tenth line, and substi- tuting therefor the words " mayor or reeve ; " by striking out the word " county " in the tenth and fifteenth lines and sub- stituting therefor the word " municipality,' in each case. 26. Section 29 of the said Act is hereby repealed and the following substituted therefor : — " 29. The coundls of each respective munhipality according to their assessed value as aforesaid shall cause the amounts so given in each statcn.ent to be levied and raised with the other sums required for municipal purposes and it shall be the duty of the said several municipal councils and of their respective treasurers to pay over to the secretary-trea.surer of the Judi- cial District Board the said estimated sums between the first and tenth days of December in each year, or at such time or times thereafter, not later than the first day of February following, as the secretary-treasurer shall require, and in case of the failure of any municipality to lev}- and raise the sum or sums required for the payment of debentures or interest or for any other purposes of this Act by the Judicial District Board, the said Board may cause the sp,me to be levied on the munici- pality failing to pay and contribute in the same manner as is herein elsewhere or by law otherwise provided for the collec- tion of rates or debts from municipalities by execution or otherwise." 1884. JUDICIAL DISTRICT BOARDS. Cap. 12. 175 with a m«nicipilit;T'vtre at^^^^^^^^ f intly, -i^rrLTe' possessed of any such eourfhmrf/ ™"^'"I^*^% ^as become «B^ '^ the word "municipauJi^' ^^"""■'''"^ substituting therefo?""»-e». ..es for Hi ii 176 Cap. 12. JUDICIAL DISTBICT BOARDS. 47 Vic. : i J. D. boards to perform duties of county coun- cils. Proviso as to loans, etc. Members' indemnity. OIHcers' Salaries. Sec.-Treas. to remain in office. Salaries. District health officers. atituting therefor the word " have," and the said amendment is hereby declared to have a retroactive effect, commencing on and from the day when the said section came into force. 32. In all cases where, under the provisions of " The Munici- palities' Act, 1883," or of any other Act in force in this Pro- vince, any act, matter or thing of an inter-municipal nature relating to any municipalities (other than county municipalities heretofore existing) or of any reference, arbitration award, decision, appointment or proceeding is or was required to be had, taken, performed or done or otherwise disposed of by the council or any of the officers of any county, such act, matter < " thing shall be and the same is hereby required to be had, oaken, performed or done or otherwise dispo.sed of by the Judicial District Board wherein the municipalities interested are situate, and by the officer or officers of such Board corresponding to the officer or officers of such county council required to take, perform or do or otherwise dispose of any such act, matter or thing in virtue of the pro- visions of any of the Acts above referred to. And the said board shall have power and authority to make all necessary contracts, appointments and provisions for the effectual carrying out and discharging of all duties imposed on them under the " Manitoba Municipal Act, 1884 :" Provided, however, that none of the powers hereby con- ferred shall have the effect of giving power or authority to any Judicial District Board to issue debentures, contract loans., or otherwise in any manner, incur any debt or obligation for any of the purposes, causes, matters, or other things for which county councils may have possessed such power or authority previous to the coming into force of this Act. 33. The indemnity and allowance to be made to the mem- bers of the several Judic'al District Boards shall be fixed by the /jieutenant-Governor-.n Council, and such board shall settle and fix all saL.ries of t'aa employees and officers thereof not otherwise spe;.i ' j pr; yided for. ?4. The [)resentsboi-ftaiy-treasurers of the said Boards for the time beijv; .shall remain in office, but should a vacancy occur for s.^^y nse or r'^ason whatever in the office of any sucn secretary-^rei i.' his successor in office and all future seni'e- tary-tt^eu,8Ui ■. 5 of sv oh Board shall be appointed, and tneir salarie.s and the amr \nt and nature of the security to be given by them shall la nxed oy their respective Judicial Distinct Boards, with the ap""oval of the LieubeuRnt-Govevnor-in- Councii. 35. Each Judicial Distilct Brard shall at its first meeting aftar the passage of this Act, and at its first meeting in each 1884. JUDICTAL DISTRICT BOARDS. Cap. 12. year thereafter, appoint for each section of the district having a representa ve at the Board a Health Officer who shSf wherever practicable, be a properly qualified medicll nraclbi tioner to carry out and enforce the provisions o?the Acts^rlt mg to the public health. The same person may be trpointed for more than one such section of such district shoSFd it be necessary for the purpose of avoiding expense or for other • reasons Should any Judicial District Board neglect to appoint such officers then it shall be lawful fo the Lieutenant-Governor-in-Council to apponrt one or more such officers and to determine the amoi:.,fcs he or they Xall receive for his or their services, which .mounts shall T paid by the Judicial Dist .ct Board a. though the appointment W * been made by the said Board. The councU 5 any city ^ity he«.th incorporated u der any special or general Act of the°®^"- str dir tr""'^ "^^ "PP°^^* ^ "^^^-'^^ officer t 31 f^ ^' 1 S . ''' .''^.'^ ^^ «"«^^ appointment beinc^ r Dpn/. 'V^. ?'^ '^ ^^^" ^y^' ^ notice thereof Zh the Department of Agriculture, Statistics and Health within fourteen days thereafter, and on. from, and after the da e TnH-t J^/'"f' t'- ^'^^^^ '^ffi^^^ of <^he sectLn of the Judicial District within which the said city is situate shall cease to have any jurisdiction within such city. 36. No by-law for the issue of debentures for any purpose whatsoever shall be passed, and no debentures shall^be Ed %h7nf if'"'^l ^''^"^'^ ^""^'^ ™^««« *he as..nt of thrTe- litths ot the ratepayers, being owners of real estate within said district, voting on such by-law shall have beenpreXusly obtained sanctioning such by-faw : Provided that in case of t£ subm:..siou of such by-law to the vote of the ratepayers all the provisions of ' The Manitoba Municipal Act 1884 '' as to "Ubmitting by..laws to the vote of the ratepayers, id as to legalizing such by-laws shall apply to such by-laws as nearly as can be : Provided that this section shall not prlvent any ^uch buard from borrowing money for any period not ex- ^^■■^'y'^^^^y'^''^^ ^>om giving pfoSiissory notes 177 i'li Monej by- 1 iws f o be sub- liiitted to ratepayers. 3-5th vote required . Provisions of MM. Act, 1884, aa to voting on by- laws apply. Proviso as to current expenses. ■ii: I niJVnVi! ^'*' ^^^ P^''*^ ?!A^*' inconsistent with or repug- Act. r.peai«i nant to the provisions of this Act are hereby renealed biTt p:i repeal shall not have the effect of reviving any Act heretofore repealed, which shall be and remain repealed. 38. This Act and the Act hereby amended may be cited short hh. together as the "Manitoba Judicial Districts' Acts." °"®^«^°^««« i vi - - \. APPENDIX. -A.i'i^BnsriDix: " The J]anitoba Municipal i[ct, 1884," —CONTAINING THE- RUL£S FOR GUIDANCE AND INFORMATION OF MUNICIPAL COUNCILS IN THE CONDUCT OF BUSINESS, ETC.," REFERRED TO AND AUTHORIZED BY SECTION 496 OF SAID ACT. RULES OF THE COUNCIL OF THE MUNICIPALITY OF Adopted after being read in council or. A. D, 18 day of 1. The council shall meet in the council chamber on the or in such other place (in case of that chamber not being available) as the headScU^'"' of the council shall appoint, and the regular meetings shall take place on the {first and third Tuesdays in each montk as may be determined on) unless when otherwise ordered, at the hour of o'clock in the noon. 2. If on the expiration of half an hour after the hour named in the preceding rule, or otherwise appointed, there shall be no quorum present, the head of the If no°q™?lfm council or a ooun-illor acting as chairman, may take the chair and adjourn. 3. When the council adjourns, the members shall keep their seats until the Respect for chairman leaves the chair cha: ipe( fr. 4. Whenever the chairman is obliged to adjourn the council for want of a Names of quorum, the hour at which such adjournment is made, and the names of the mem- mem hers pre- bers then present shall be inserted in the minutes of the council. quornm ° 5. As soon as the chairman has taken the chair, the minutes of the last preced- Minutes of mg meeting shall be read by the clerk, to the end, that any mistake therein may ^"""^ ^e^''"*- be corrected by the council ; after which reading (and correction, if any) the said minuteo shall be confirm'?'^ and shall be signed by the chairman. 6. The chairman shall preserve order and decorum and shall decide questions Chairman to _, — ,'--- — — • "t'l"-*. (.J ffiv vOtindt. ' — X — •*' order. ^ 7. \> hen the chairman is called upon to explain a point of order or practice, he RnlinK on u to 6tate the rule applicable to ihe case, without argument or comment, ?»''»* <>' or4« s- li 11. APPENDIX. 11 m ^deitml^'^' ""^^ ^^^ P'^P" ^^''^ °^ *^^ '=°""'''' *^'»" "°' ^= '" attendance at the hour inK». ' appointed for meeting of the council, the clerk shall call the council to order, and a chairman shall be chosen who shall preside until the arrival of the reeve, or p.oper head of the council, or, in the event of their continued absence, until the close of the meeting. Members Bpcaking. Member entitled to floor. Member to vote unless excused . Conduct of members. Calling a member to order. Irrelevant speaking. 9. Every member, previous to his speaking, shall rise from his seat uncovered and address the Chair. 10. When two or more members shall rise at once, the Chairman shall name the member who is first to speak ; and the other or others may ap .eal to the Council ifdissatisfied with the Chairman's decision, by the question, "Which member was first up ?" without debate. 11. Every member who shall be present when a question is put in Council shall vote thereon, unless a majority of the Council then present shall excuse him. 12. When the Chairman is putting a question, no member shall walk out of, or across the Council Hall ; nor when a member is speaking shall any other mem- ber hold discourse or interrupt him, except to order, nor pass between him and the Chair, 13. A member called to order by the Chairman, shall immediately sit down after which the Chairman shall giVe the reason or reasons for calling the member to order, and the Council, if appealed to, shall decide on the case without debate If there be no appeal, the decision of the Chair shall be submitted to. 14. No member shall speak beside the question in debate. fueSor' *^- Each member may of right require the question or motion under dis- motion. f "ss'on to be read for his information, at any time of the debate, but not so as to interrupt a memben speaking. s^p'eK.''' ^^•. ^° '"'•"^"' °''''^" '•'*" °"e proposing a question or motion, (who will be permitted to reply) shall speak more than once on the same question without le.ve of the Council, except in explanation of a material part of his speech which may have been misconreived, but he is not to introduce new matter ' Strangers. Rules in com mittee of the whole. Yeas and nays. Motion to adjourn. Motion to lertve 'jhair. -IS' 17. No strangers shall be admitted to that part of the Chamber specially allotted to members of the Council in session without permission from the Chair- man. 18. The Rules of the Council shall be observed in a Committee of the Whole Council, so far as they may be applicable, e>.cept the Rules limiting the number of times of speaking, and of taking the Yeas and Nays. 19. Upon a division of the Council, the names of those who vote for and of those who vote against the question, shall be entered upon the Minutes, if one member requires it, before the vote is declared. 20. A motion to adjourn takes precedence of all others, and may be moved at any time ; but this question cannot be received after another question is actuallv put, and while the Council is engaged in voting. 21. In the Committee of the Whole, a motion that the Chairman leave th. Chair, shall always be in order, and shMl take precedence of any other motion! withuut debate. APPENDIX, • • • 111. writing. aajourn, which shall not require to be in '° writing. s " "'-L- being shall be received unless LcoLp^n ed LT/ep;:; J '"""'"'' ^""^ "" ^^■^- for " motions " has been reached. '^ committee, until the order rcat and" 'o'mX^Bylt rirb^l:;,^" ^"'^ rJ" '■' ^''^" ^^^^ ''-'^ twice Readin. of the corporation solicitor ^ ^'''"^ ^'^"'^ '' ^^ been revised by ^J^-'^-" 31. In Committee of the Whr>l» fi,^ nu ■ r.p«« ,o.h= Council ,h.« "it; B;.utTXc^'" ■"' """' »''«"'>=»""«.». .ot«i upon. ' ° '° •■'"'P' •»"' '<■ "Sro-s il d,.ll be pnt L unless otherwise provided by law. '"'y' ^"^ ^t one sitting ol the Council. f«^inK8. rip IV. APPENDIX. By-laws to be flrst read by the 34. By-Laws committed to a Committee of the whole Council shall first be read be read by the Chairman, clause by clerk and then 'f^^o^Bhout by the Clerk, and then shall seriatim clause, as debated, leaving the preamble and title to be last considered, the by chairman . Certifying passaKo of by-law. Chairman then putting the question — " .Shall the By-Law be reported ?" 35 When a By-Law passes the Council the Clerk shall certify the same, with the date thereof, at the foot of the By-Law, stating the dates of the several read- ings and of the passing thereof. 36. When any petition or By-Law presented to the Council shall have been referred to a Committee to examine and report thereon, no person or persons shall be heard for or against said petition or By-Law until after saiU Committee shall have reported to the Council. Petitioners 37. Whenever any petition or By-Law presented to the Council shall have been until by-law referred to a committee to examine the matter thereof, and report the same to the in reported Council as it shall appear to them, the Council shall not admit any petitioners to mlttee. be heard by themselves or counsel against such petition or By-Law until the mat- ter thereof shall have been first reported to the Council. Report OB petition or by-law . Parties inler- ested in by- law. Petitions, etc.. 38. All persons whose interest or property may be affected by any By-Law may appear in person before the committee to give their consent or may transmit such consent in writing, the authenticity of which may be proved to the satisfaction of the committee. \ 39. Petitions, memorials and other papers, except accounts, addressed to the ow presented Council sj,all be presented by a member in his place, who shall endorse thereon or see that there is endorsed thereon the name of the petitioner or applicants or one of them, and such member shall sign his name thereon and shall be answer- able to the Council that such petition, memorial, or other paper does not contain improper or impertinent matter, and the endorsement thereon only, including the name of the member presenting the same shall be read by the Chairman unless a member shall require the reading of the paper, before its reference to a committee, in which case the whole shall be read by the clerk. Reading of ^- Papers laid before the Council or referred to a committee for consideration EeSfre^ council ^"^^ °^ "^^^ '" ^^ ^^^^ ^° *^^ Council or committee ; they are then like every or referred. other paper that belongs to the Council to be moved for, if required to be read, and, if objected to, to be decided by taking the sense of the Council. Moneys how paid. Claim to be reported . Debts— how authorized. Proviso. 41. All moneys ordered to be paid by the Council shall be so paid by the cheque or order of the treasurer, (countersigned by the mayor, warden, reeve) or in his absence by such member as the Council may appoint for the time being. 42. No claim or account laid before the Council shall be paid, nor shall a grant of money for any purpose be made until reported on, and such payment or grant reccmmended by a committee, and no debt or obligation shall be incurred or authorized on behalf of the Corporation without the consent or order of the Coun- cil, except in connection with matters coming properly within the control or man- agement of a committee, and in such case, the debt or obligation must be incurred under the authority of such committee, or the chairman or acting chairman there- of ; but this or any other Rule shall not affect or interfere with the payment of salaries or sums authorized by By-Law of the Council or payable under an Act of Parliament. Accounts for^ 43. All claims and accounts for work and labor before being reported for pay- "worii, etc.* to , .'cj lit- • . * ' be certified. "lent must be certihed as correct by the chairman or acting chairman of the com- mittee, under whose authority the same was performed ; and all claims and APPENDIX. irr^lt?"!': '""'=''-'^'- - --'"-» of any kind supplied by any merchan. Zn In ^ o' -"^chanic. purporting to be for the use of the Corpor- v„ \ . u o re^u^^; Ltf' th'T'^' '" ": '^°"""'' ''^ --™P--d by the written or'der LT^'^ ^-''^ r«Donsbrfor h ■"? °^ ' -'"•nittee; and the Council shall not be "'»'^«-'»' poration, shall only do so in respect of such matters as are properly within their respective authority or control.) P "pcny wunm tneir be^itLTbelv"!"''":/'' Council is objected to by at least Mr« mem- Report of l^rs It shall be la,d on the fable until the next sitting of the Council and sh;ill "r-n'ttee then be taken up as the first order of the H.. This 'rule shall not^ppl^at the o "" ""^•"^"^ -" ^^m%A» mv. lie then be taken up as the first order of the day. last sitting of the year. 45. Every member who shall introduce a By-Law PpfitJnn «, vr ,• ahy subject which mav be ref,.rri.H tr. . I -^ 7- °' ^°''°"' "P°" ^P««'al com- 7 J i-i wmcn may be referred to a Special Committee, shall be one of th,. ™'"ea com- Committee, without being named by the Council. »»««* »'• 46 Of the number of members appointed to compose a Committee such num o ber thereof as shall be equal to a majority of the whole numberThose; sha^l be a ""' quorum competent to proceed to business, in all cases where the nXr to fo m such quorum shall not be specially fixed in the motion of appointment JLf'l '^' ^''' '"l""^ °^ '^" ^°"""' '" '^"^ y'"' 'he following standing Com Standing com Cppdnter" " "^" ''''' ""''' "''''' '•'^^ ^- ™-''- -'-^^™ ""^^^ Finance and Assessment. Public Works and Property. By-Laws, Printing and Contingencies. ence. prefer- Orders of the day 48. The order of the day shall have preference to anymo.ion before the Council. Order ot dar 49. The order of the day shall be as follows :- "^ '"''^" """'^^ 1. Calling of the Council to order. 2. Reading and confirming Minutes. 3. Receiving Petitions, Accounts and Communications. 4. Disposing of Petitions, Accounts and Communications. 5. Reports of Committees. 6. Consideration of By-Laws. 7. Unfinished Business. 8. General Business. 50. When any order or orders of the dav shall hp Inct K.. fi,.. n ■, ^ .f...or.h. mo,. c„„„„ .„,k,n, :r^: wt;t,^t,^:rb°;.^°.";.'«^^.^-''«' - Of ther, the order or matter so lost shall be taken up in succession at the state or pomt it or they were left in, to be proceeded with as the fir bules at the next sitting of the Council. ousinehs -i; vi. APPENDIX. I'S:' if- ^ i' II Committee of the whole. Motion for committee to rise. Mover for committee to be member of Quorum of committee. Matter dis- posed of. Money grant must be re- ported on. Strilcing standing committees. Head of coun- cil to be sworA in. Suspension of role. COMMITTIBS. thf I-h!r ''°'";''!f " ^^•"'"•^^ °f 'he Whole Council, the Chairman sliall leave the cha.r, and shall before leaving the same, appoint a Chairman to preside, anci in all Committees the Chairman shall have the same authority in the Chair of the Committee as the head of the Council presiding in Council. , wifhoul^debalf " '" ^°"''"'"" »° "'' «"d report, the question shall be decided anfsuwL? Tt" ^1*° '^'" '""'"''"" ' ^y^»*' P'=^'''°"' «' Motion upon any sub ect which may be referred to a Special Committee, shall be one of the Committee without being named by the Council. befth.?^ '^' "rn K ""^ '"""^"' "''P°'"''^ '° ^°'"P°=^*' " Committee, such nr n- ber there . .f as shall be equal to a majority of the whole number chosen, shall be a quorum competent to proceed to business in all cases where the number to form such quorum shall not be specially fixed in the motion of appointment. 55. It shall not be competent for any member to introduce or revise any matter disposed of by the Council during the same session. ^ ' 66. No grant of" money for any pur ,se shall be recommended ov given by the repon' rror'^r''"^ :■ ^"°'"*""^ '"' """^^ '''' ^^ recommended und'e? report rom one of the standing or special Committees to whom the subject or application for such has been previously referred ; and no motion or appi c ion on he la^t day of any Session, unless notice thereof shall have been given at Bvm of TT '"'; ''r '"' °' "'"'^^ '°^ ^^'^'« ^-•^"^'^ under former By-Laws of this Counci 1 are still in force and exempt from this rule. 57. The Chairman, after making the necessary declaration of office and address- ng the Council in each and everv year, shall appoint a Committee of not less he St,nH-'"' r " •" u. '^" ''^'"^''^ Committees for the year, or shall strike the Standing Committees himself, if so instructed by resolution of Council. 58. The Reeve or Mayor shall be sworn in and take his declaration of office on the same day as he is declared elected. 59. No rule of this Council shall be rescinded or suspended without the con- sent of two-thirds of the members present. S*^t^rr"°% ^O-yi'^^^ver a direct motion is made to amend or alter any Report or By- r^T^r?^-^'' """'' '" ^ '^•'''""' ""^ particular manner, not requiring the Com- er reports, mittee presenting the same to reconsider it. such alteration or amendment shallTe made m Council, without referring same back to the Committee for mere altera- non; but this rule shall not apply to cases where it is requested toefe " Report or By-Law back for reconsideration. ^ (Note. --The Rules as adopted by a Council should be numbered for reference A portioit only of the foregoing Rules might be found suitable in some ins ance!" and in other cases additional Rules might be found necessary..) ' INDEX ABSENTEES, Notice to . . Page. Property expropriation of 75 Published Statements 92, 93 Monthly Statements . . 93 Of Debenture Rates 93 Acclamation, Election by 57 Address of Mayor or Reeve' TransmiV.inn '.f 27. 28 Advertisements in Manitoba GaLue "^ ^ 41 Affirmation of Voter 167 Agent, Electoral, Authority of 32 AID to Roads, Bridges and Public Works 41 Aliens, disqualified as Voters 50 ANNUAL Elections 31 Appeal from Court ,f Revision 27 On quashing Order 84 Against Valuation of Omitted Land 66 Appointments not to be made by endtr 93 Arbitrations by County Judge 64 On Expropriation 73 Arbitrator Sole, may be named by Judge '^^ Appointment of . ^ """ge ^^ Arrears of Taxes 155 Collections of . " 89 et seg Assessmsnt Commissioners 91 Duties of I'i4> et. sea. Payment of " ' H5, 146, 147 Fees of . . ' I47 Reports of 147 Reports extracts to' be sent 'to' Muni'cipalities ^^'^ To be assisted by Municipal Clerks P^^'*'"" 147 . A^S^^I^rr^^^r^^nMuni.^^^^^^^^ J48 AssEssSt^S^ "^^^^ ^-icipaiities •:::::::::;:; J^? Assessment, Form of notice of' 155 Farm land 80 In new Municipalities* ".......'." 77 Notice of AoooooTv^^v^A 1 A.n - - -_ "'lllTTXaU .... - - . . «.TC Persons added on revision of" roll 77 134, 135 rMAGE EVALUATION TEST TAr^GET (MT-S) A y. [/. Rr 1.0 ^"^ IM I.I 1.25 1^ ■^ H1/S us IM 1.4 2.2 1.6 6" Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 \ iV ^ fv %. \j '9) m^.- 'i ^^' INDEX. Assessment Roll, clerical errors in 94 Entering lands omitted 93 Form oi yo Omissions in [ e j Revision of 00 Revised in force gg jjg Assessment, unoccupied land ' 77 ■ Unorganized localities ' ... 149 Vacant land yw AssESSOES, appointment of 45 Certificate go Duties of 171T Failing to r-port Si Fees for searching in Registry office y. ^ 102 Suits against gj Refusing to correct mistakes, forfeit salary 81 Assets of former Municipalities not coterminous 158 Vested in board 259 To be transferred 159 Cotei-minous Municipalities vested in new Municipality 159 Assize Towns, exceptions concerning I53 Attendance of witnesses 62 Auctioneers, By-Law regulating 43 Auditor for District, appointment of and duties 45 Auditors' Reports 4g Local appointment of 4g Duties of 4g Audit Treasurer's Accounts 46 BALLOT for Elective Members of Board I7i 172 Billiard Tables, By-Laws regulating ' 43 Bonds of Security by Officers -i.^n Issue of 25 Bonus By-Laws .....".'.'..'.'.'.". 4,7 et sea Boundaries, Broken, of County 10 Bowling Alleys, By-Law regulating .... . . . . ..."'" 43 Bribery and Illegal Practices 59 To disqualify gj Bridges between Municipalities, Maintenance of 150 By Elections g2 By-Laws ........'.'.".'. ..... .'.'.'.'.'.'.'.41, et sea. To enforce, &c • ' 43 Executory until amended " [ ' 44 Not restricted in Towns 44 Appointing placvi for Elections 45 Subscribing to Railway loan 47 Endorsing Debentures ' ' 47 Railwa^r Debentures ' _ 47 Exempting Railways from taxation , . , 43 iiioing Local Itivlaslries 43 Page. 94 93 79 81 83 i, 116 77 149 77 45 83 77 81 102 81 81 158 159 159 159 153 62 43 45 46 46 46 46 INDEX. .y By-Laws, Submission of Eailway ' •^'^^^• Provisions in Bonus By-Laws ^f No casting vote on Bonus By-Laws : ! ! ! " ' T? Majority required to carrv Voting on *9 ■ Publication of ^^ Disputed return oi.. ^^ Scrutiny of votes on. ...... ...[[[ "^^ • Petition against ^^ Challenge of voter. • • ■ ^^ Oath of voter ^^ Railway aid ' '50 Money loons ' ^^ Aid to roads ^^ Aid to bridges ^^ .4id to public works ^^ Public improvements [ ^^ Endorsation of loans ^^ Subscribing for shares ^^ Recitals in 50 Term of loan. . . ^1 Sinking fund... 51 Three-fifths vote V.V.V. '.'.'. ^^ Legalizing 49,51 Special rate for loan ^1 Repeal of '.'.'.'..'. ?^ Alteration of 51 Publication of Bonus By-law " ^^ Notice for publication ^^ Legalizing money By-law ^^ County Judges' certificate on ....[ ^^ Submission to Judge of ^ Objections to ^^ Judge may refuae certificate. .....' ^J Caption of proceedings to legalize ' " : 7 Certificate on 54 Form of certificate on ........... ^* Endorsement on debentures *-■ ^^ Contestation of . ' 56 Deposit by contestant ^^ Cost on contestation of ^^ To be under seal ^^ Signature on , . . ^^ Proof of 64 Promulgation of 64, 154 Notice of ■ • 64 Form of ^^ Quashing ' ' 64 Quashed, costs on ^^ .Qiic<*-v.^vx^ A.J * oK • ••-STtrp^iiUCU. •'^ When valid 66 66 ; N IV. INDEX. By-Laws, Offences against •^^^^• Penalties imposed by ^Z Conviction under ' ' ' ^ ^ For County and District Levies iS To be signed and Sealed :*l District money By-laws submitted to" ratepayers .* ." ' ' .' .' ." .' 177 CANDIDATES, position, names, etc., In unorganized Municipalities . .' \\] Expenses . 28 i^iApeiuses • Penalty ^1 Casting Vote, none allowed on Bonus By-law " ' 11 ■ Certificated Voter *q Central Judicial District Board .....'..[ , 7^ Sub-division into Sections . i^JJ Chairman at Nomination ^iz Challenging Votes ^, Clauses interpretation of '■.■.■'.■.■.*.■.■;.■.■ «« „„ H Clerical errors ^-fi, / 1, ^4 Clerk to preside at nomination tt To supply Voters List to returning Officer H May be Returning Officer. . . 1. . . t'a Polling, performance duties by .'.'.". , qp Delinquent ^'. ]?^ Of Ex-Council obtaining additional voters' lists 139 Collectors of former mimicipalities may be continued I60 Collateral Security by certificate for taxes iTl Corporate Names, Powers and Seal J? Constitution of Municipal Council t- Town Council ^d Conviction under By-law. . j,^ Contagious Diseases, By-Law ' to " compensate ' for 'animals del stroyed Commutation of statute labor . .... .'.'.'. ' 7, Contested Elections. ... Vq' > "i," ' ' ' ," W ' V^"i . . Commissioners, district assessment ^ ^^'^ ^'' ^^''*n Costs on By-Law Quashed tz Council, powe'rs of Municipal ....'..'. K Town, Constitution of 9? Vacancy in ^^ Meeting *° Quorum of [[ ^^ First meeting 5^ Special meeting ,[][ *^ May make Rules of Order. , ?? Rent for County County Buildings . .' 1 «? Meetmgs regulated by By-Law... . Councillors, qualification, disqualifications' and literary qualifica 43 Disqualified as sureties. ... ?? '^ * ^« 20 46 : n In Ward Coi Con Cou Cou: ] ( I i L E Ji KJ Pjige. 67 67 68 149 154 177 28 32 61 61 48 29 170 170 27 3: S, 24 94 27 28 Sj9 136 ,137 139 160 144 24 25 26 68 INDEX. COUNCILLOBS to audit Treasurer's Accounts ^^««- May fill vacancy in Ward 46 Exemption from service as 31 CcNSTABilr"^ ^ r* '"^j^°* ^ penalty" ." ?J ^CNSTABLES, appointment of . ^ ^8 Fees 73 |»^ointmentbyai„ntyJu^^ ^73 Counties division into." 73 County of Brandon, boundaries 3 Beautiful Plains, boundaries 5-20 Oariilon, boundaries . 5. 19 Dennis, boundaries " 4, 13 D'Iberville, boundaries ^,21 l^ufferin, boundaries . 4, 14 Fairford, boundaries . . 4. 17 Cxirnli, boundaries ... ■*, 17 I^isgar, boundaries. 3, 11 I^orette, boundaries 3. 11 Manchester, boundaries ' ■*. 13 Morris, boundaries. 3, 12 Marquette, boundaries 4, 13 Mmnedosa, boundaries 4, 15 Norfolk, boundaries 6. ly Portage la Prairie, boundaries .' ^>^^ ^lessis, boundaries.. ' 4,19 Russell, ijoundaries 3, 11 Riding Mountain, boundaries ' ^'21 Rock Lake, boundaries. -5,19 gelkirk, boundaries 5, 18 Souris River, boundaries 4. 14 biioal Lake, boundaries 5, 21 Turtle Mountain, boundaries ^'21 Varennes, boundaries 5, 20 Westbourne, boundaries 3, 12 benior and Junior 5, 18 Court officers . . 7 United '. 7 Separation from Union ^' 6, 7 Union of, petition against] 7 Unorganized Territory can be" added ® Dissolution of Union ^ "^ *^^®^ 8 Court office ... ' 8, 9 Clerks .....' 9 Registration after division 9 Broken boundaries. 10 Islands 10 Division into Municipalities " Judge, arbitration by ... . " H councils abolished .^. . . ' " ' ' • 7;^ Officials' Salaries, etc 1^2 "" 163 W-lf ' u I 1 yi. INDEX. Page. County Councils, Judicial District Board to perform duiies 176 Expenditure estimated by Board 148 Buildings, Plan to be approved 162' May be used by Council 162 In separated Counties 163 Rent by Council using 163 Already established 164^ Debts and Assets of dissolved union 164 Arbitration on disputes after separation 166 Councils, new Contracts illegal 156 Under 45 Vic. legalized 167 Judges, Fees 166 Rates, By-Laws for 149 Buildings, Board to carry out By-Laws 150 Care and maintenance 162 Disputes as to rent 166 Erected on approved plans 157 CouBT House and Goal By-Laws carried out by Board 150 Municipalities to levy rate for , , 176 Crown Lands exempt from taxation 82 Cruelty to Animals, By-Law. . .» 41 DEBENTURE, endorsement on 66 Provincial Secretary's certificate on, 56 Effect of certificate on 56 Endorsed indefeasible security 56 Rates, account of 57 Disposition of surplus 57 Investment of sinking fund 67 Transferable by delivery 58 Sale under par will not invalidate . . ; 68 Binding on Counties I49 Interest on County 158 Issued may be authenticated by Provincial dcretary .... 166 Declared legal 166 Interest limited 167 Signing and Sealing 57 Countersigned 68 Debts and Assets of dissolved Union of Counties 154 Inter-Municipal settlement of 158 Of former non-coterminous Municipalities 168 Declaration of office, etc 37 Deputy-Returning Officer 29, 63 Deputy-Returning Officers, Oath of '34 Disposition of surplus 57 Of desposit on expropriation 76 District Board UO et. seq. Estimates 141 Treasurer collects arrears of taxes 141 Jboard powers to arbitrate 141 Page. 176 148 162^ 152 163 153 154^ 154 156 155 157 166 149 150 152 156 157 150 176 82 41 56 56. 56 56 57 67 67 68 68 149 158 166 166 167 67 58 154 158 158 37 29,63 34 67 76 et. acq. 141 141 X41. INDEX. ^. Expenditure estimated by Board .' Jf ? Bates, By-laws for . . ^*° Board estimates certified bv Municipaiities annually UQ Maintains mter-municipal bridges annually .... 149 To repay expenditure of county bridges' ' ." .' ]f. Board to distribute county Jia&lities . JK tel'T ^^^^ i ^'"^^^ Municipaiities .' '. '. \ [ [ .' .' ." ! ' ' " ' ul Trustee of assets of former Municipalities if n Succeeds to county assets and liabiHtips , 2o DisraicTS. (See Judicial districts ) ''^""'^'^'^^ ■, 163 SstSS ?f.?srr°,^!'"^^'^y ^'^^i^iP^l Councils 174 i^iSTBlCT IREASUBER, election returns sent to o3 Distress levy for penalties ^^ Ditches, By-laws regulating ^^^ '"Z'briw "" """^ "' ^^^^ co-'-iiioV :::::::::; 2' DnsioN INTO Wards 62 • 30 "CJ ASTERN Judicial District Board . . , -^ v^^r. * ^ub-division into sections ;i^ l!/LEcriONS Annual 1 '0 Appointment on failure of ol Accepting a bribe ^" By acclamation , ^ ^^ By Elections .....■■.*.* 27 28 Bribery and illegal practices at ko Bv-Law appointing place for holding . ." f . Uerk to preside at nominations .. J? • Ohairmanat nominations H ' Closing Poll ■ ■ ■ * ■ 27 Challenging votes 29 Corrupt practices at '^}. Candidates penalty "" Certificated voter ^^ Counting votes ^^ Casting vote ^^ Clerk is qualified as voter" '"..". q« Casting up votes ^*? Declaration by Deputy-Returning Officer It Delivery of Voters' Lists ^2 Declaration of result. . . q? Deputy-Returning Officer entitled to' vote 't Declaration in Wards . . .^" Expenses of Candidate ....'....'.'..'.', j ? Evidence to be viva voce !(i Hiring teams ' ^i Keeping the peace at oY Lieutenant-Governor to appoint Council'in default of . . ,' .' 30 I • •• "^"' INDEX. Elections, Meeting of Electors ^^'fj Nominations 27 Names of Candidates, posting of 28 New Municipality 30 Opening pell oq Oath of Voter '/.'.'.'.'.'.'.'..".' 32 Oath of Returning Officer 35 Proceedings where no Returning OffiGer. . . '. 45 Poll book 29 Personation at ....,' ro Penalty for false swearing 33 Persons admitted inside polling place 34 Returning Officer ' " " " • 27 Returning Officer to have Voters' List .................'. 28 in new Municipality oq Repeating vote at en Riots and disturbances og Return in default of 36 Returns to District Treasurer 37 ^^^^g;, '.'.'.'.'.'.'.'.'.'.^'.'.'.'.'.:'.'.'.'.'. 60 undue mfluence ' gg Violence and intimidation [ gi Vote nullified by false oath . . ." .' ." * ]['/] 33 To fill vacancy .!!!!! 28 Ward nominations oy Elections Contested og Adjournment 39 Authority of Agent . ...... 39 Confirmation qq Evidence 30 Effects of Judgment :........ 39 Defects in petition on Hearing by County Judge ........./.. 33 Mistakes in form do not invalidate 40 Notices for New Election • 39 Order for New Election 39 Petition against qb Production of Documents 40 Service of Petition 33 Sufficiency of grounds 38 Time for contesting limited 38 Who may contest og Execution against Municipality ..y.... 69 • -Kate /iQ Rate roll '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'..'.'. 70 Exemption from service as Councillor 31 Exhibitions, Public, By-Law concerning ...'.* 40 Expenditure, Public, By-Law concerning 41 Expropriation agreement 76 •-^•sts , 7^ Decision on »,«: G 'AGE. 27 27 28 30 29 32 35 45 29 60 33 84 27 28 30 60 36 36 37 60 69 61 33 28 27 38 39 39 39 38 39 39 38 40 39 39 38 40 38 38 38 38 69- 69 70 31 43 41 76 74 75 • INDEX. ur. ExpKopRiATioN, Deposit on award Page. l^istnbution of deposit ^ «76 For roads ... • 76 Title 74 F^™ Wn'T"*^''^PP^^^^^^^^ ■••■■. l^ vt^c , i^^** ■'^ND, Asses-sment of '^0 Fees belong to Corporation • • • • . 77 , Of SJ fe "^^^^^ ■^— V ; ; : ; : ; ; ; ; : : ; ; ; ; ; II Felons disqualified as Voters 166 Fences, Bv-Laws concerning 31 Jerries, By-Laws concerning 42 Maintaining of 43 Ferry Privileges 142 Fines, Application of . . . ! 154 Collected by Treasure- 67, 151 *IRES, By-Laws Concerning. 92 Form, of Pol] Book . ■ . 42 Of Certificate on By-Law 29 Of Endorsement on Debenture ^^ Of Notice of By-Law 65 Of Conviction under By-Law ^* Assessment Notice 68 Roll • 80 Voter's Certificate . • 79 Of Declaration of Office 47 Of Complaints against Voters' Lists " .' .' .' ." , f ^ Ut Notice ot Complaint 118 Of Tax Sale Deed ' " ." 118 Ti'^T, \r ^°^ I^'uids heretofore sold ^^^ Separate accounts 161 Accounts audited • • 162 County assets and liabilities ^^2 J^RENCH Language, use of K'2 167 G"rSo^r&?L'-^--■■:«•.■;.; H Head of Council may vote ^ Head OF Council may administer oath ?3 iiEKii i3r-L,AW 63 Herding Animals, By-Laws" regulaiing! '.'.'.'.'.'.'.'.'.'.,',',[ ^' r h k m> *•• INDEX. . Health Officers for District ^^°7^6 Health Officers in Cities. . . 177 HioKWAY, opening of ',,[[[ Jlo Homesteaders, exemption .............!!!!! 82 ILLEGAL practices, etc gg Votes, striking off 65 Contracts 7/v Practices. Judges report concerninc^ iqq Imprisonment in default of Distress. . " 151 Interpretation clauses 22 9*? 24 Industries, local, By-Law to aid ." " ' .' ' ."."'.'"".' ' "" ' 43 Indian Lands exempt from taxation . go SircouX 't^^i ■ ; : : : : : : : : :• ; ; ; : . , ■ , <*■ ^°-' ;»*-«»f » JOINT owners or Occupiers \ote m Committees " ,^0 Meetings , ^0 Meetings, Secretary 16.3 Meetings, Minutes ^n\ Judicial Districts, Amendment Act .............".".".' ' 169 Vef sea^ Sub-divisions into sections _ 17q in[ Board, Constitution altered iqq Body corporate IQQ Quorum ' 169 Continued / 27q Eastern ' j^q Western " ' ^^q Central ••7^ Elective members igo Election by ballot ' ^ 171 Casting vote at elections 172 Filling vacancies J72 Elections ' -170 • Members' Term of Office . . . . . . . ." .' ' .' .' .' ." ." * " .' ' ' ." 173 When may levy Estimates 174 To pay for Court House and Goal 175 Estimates collected by Municipalities 175 To perform duties of County Councils 176 To act under " Manitoba Municipal Act " . . . . . . . . 176 Members' indemnity 27g Officers' Salaries 27g Sec-Treasurers continued in office 176 Health Officers 176 To submit Money By-Laws to Ratepayers 177 Jurors, Ratepayer.9 may be challenged as 68 Justices of the Peace, ex-officio, Reeve 73 ex-officio, Mayor 73 J EVY by Sheriff ^p J^ JLiMiTATiON of indebtedness 25 Page. 176 177 142> 82 59 65 70 132 151 23. 24 48 82 seting) U 81 142 163 163 164 '.t 8eq.) 0, 171 169 169 169 170 170 170 170 169 171 172 172 173 173 174 175 175 176 176 176 176 176 176 177 68 73 73 69 25 INDEX. Xl. L;"T\\7o»'^r''rr °' '"'""■ ■*-- - ^°-«- '"- 26 Liabilities of Counties distribution of , ^i Co-tennuious Municipalities . f^A Libraries, exempt from taxation .. ^H Loans, Temporary 82 , 24 MAJORITY required to cany By-Law Manitoba Oazettk nnfj/^ „..,i .,j.. Manitoba Gazette, notice and advertisements . 49 Market By-Law ;"—' ™"" «"" aaverusemeats 167 Mayor, Ex officio J. P.. ........".".'.. ". *^ Disqualified as sureties f ^ Literary qualifications of ?^ MEAK,;f sr^oBn^.?vrRt„" ■■*" "^^ '■■■■■■'y-y-.-y--.::: & Members of Councils, continued." H Municipal Debentures interest limited .It Councils to levy district taxes . , JI Councils powers of -^ ' * Councils Constitution of f J Elections 26 _ Municipality, levies rate for CourtHouse and Goal i 7k Municipalities, division of Counties into ' ' ' " ^]^ See Former Municipalities. Towns separate New Elections in .... ^^ Returning officer in new' Municipalities ?n May make private arrangement of diflerences' .' .' ug May pledge arrears of taxes ... |;1* Suits against altered J** Suits against Extinguished! !.."." i5! Municipality of Assiniboia .. . •• ^^^ Argyle . Archie Arthur Belcourt Blanchard .... Brandon Brenda Birtle Boulton Birtle, Town of. Cartier Cypress South . Cypress North , Carleton Clanwilliani . . . Comwaii" Dutferin _ orth . 15 18 22 21 16 19 20 21 22 22 22 14 18 18 17 OA JU\J 20 17 I ^ INDEX. Municipality of Dufferin South ^^^,7 Douglas J^ De Salaberry '.* }? i^erby.../ ::::::::::; 2 Daly ; • J» Deloraine «2 Ellice 20 Elton • 22 Elrn River ....'..''.'.'.'...['.'.'.".',.'/,[ ?2 Emerson * , J Fairford .".".'.'.".' J2 Franklin }I Qlenwood „^ Olendale ..'.] ?J Gladstone . Jx Qimii '".'.".'^.".'*^..".V.'^ Jo Hanover |q Hespeler J^ Harrison ' ' z* Inchinquin T^ Kildonan 7 J Louise .'..... }q Lome j^ LaBroquerie I « Lansdowne J^ Montcalm To Morris ^^ MacDonald J? Minnedosa * " ' ^^ Morris, Town of .........!. ?q Medora ^^ Miniota «« Nelson "2 Norfolk, South '. ; '. }l Norfolk, North . .■.■.'■.■.■.■.■;■.■.■ ' " }« Neepawa :J^ Osprey ^^ Odanah ^^ Oakland 19 Oak River '.".■.; '.',.[[[[] 20 Plessis Posen ^2 Portage la Prairie }2 Portage la Prairie, " Town of " 11 Pilot Mound .".'.'.".'.. " " Pipestone ' " t Roekwood ^^ Rat Portage J? Rhineland " . ' '' ' * |^ Rosedale j^ Ridins- Mouutnin ^^ 19 o Page. 17 13 18, 18 20 20 22 20^ 17 18 17 12 20 19 19 12 13 14 20 21 15 18 18 13 19 12 13 14 20 13 21 22 17 18 18 19 19 19 20 22 12 16 17 17 18 21 12 12 17 19 19 INDIT. MuNiciprTr of Rapid City Riverside Rossbum Russell St. Andrews St. Anne ' St. Boniface St. Boniface, Town of . St. Clements St. Norbert St. Paul ....'.'.'.■.■.■.■'.■.■;; St. Laurent St. Francois Xavier Selkirk Springfield .......[ Saskatchewan Strathclair Sifton ....'.'.'.'.[][ Shoal Lake Silver Creek . Shell River. Tache .".'.".".'.'.' ' " Turtle Mountain ......" Varennes Winnipeg Woodlande .... Westbourne . Whitehead .....'.'."' ' .' " ' ' Whitewater Wallace Woodworth Youville ... siii. Page. 20 21 22 22 U 14 18 15 11 14 15 16 16 12 14 19 20 21 22 24 22 13 20 12 15 IC 19 20 21 21 21 ^ _„ 13 NToS^' t,^--'-""- -<• N„«.. ^^ Nominations . , 25 Notice of By-Law • 27 Notices in Manitoba Gazette and Newsnaner. 64 Non-residents' Statute Labor '^^""'P^P^^^ 167 Nuisances, By-Laws concerning" 72 ^ 42 OATH of Voter Who may require ...."" 32 Of Office, etc 32 Offences against By-Laws '. ". 37, 47 Officers, County Coart 67 Continued * 7 Securitv . 04 oaJ'jries hq 0; former MunicIpaJitiesto' deliver books; etc. ' ." ." ." J^ JLoy »▼. INDEX, Office, County Court and Registry 9 Declaration of 417 Omissions in Assessment Roll 93 128 Opening Poll ' 29 Orde«s-in-Council, E-Kplaining Act 167 Order, quashing By-law ........ 65 Owner and Occupant both vote 31 PARISH, meaning of 11 58 Pawnbrokers By-law concerning '44 Penalties imposed ^y By-Laws .' 67 For non-performance of Statute labor 72 For false swearing at elections 33 Wilful errors in Treasurer's statement ' 38 Of Assessor failing to report 81 Of Clerk for neglect of duty 138 For manufacturinof votes on List I39 Of ^ Municipal Clerks refusing to assist Assessment ■Jommissioners 148 Not otherwise provided for 151 Levied by distress and sale 151 For non-delivery of books, etc', I59 Of Candidates dl Recovery of gj q>j Petition against Union of Counties ' 3 Pledging, Tax Certificate 144 Poll, Opening and Closing ' 29 Book, form of 29 Poor, relief of, By-Law concerning ' " . ' 41 Pounding Animals, By-Law concerning 42 Powers Corporate 24 of Municipal Councils ' 25 Previous Prosecutions 63 Promulgation of By-law 64 Proof of By-law 64 Publication of By-Law 49 Public Buildings, By-Law for construction of. . .............. 42 Repayment ol Expenditure on 156 QUALIFICATION of Mayor, Reeve, or Councillor 26 In unorganized Municipality 32 Quashing By-Laws, Order or Resolution 65 Application to quash, witnesses may be heard on 65 By-Law, Costs on qq Order, appeal from qq Quorum of Judicial District Board 169 of Council 03 AILW AY Property exempt from taxation 43, 48 Municipality may subscribe shares to '43 Bonus, rate limited 43 AGE. 9 47 128 29 167 65 31 1,58 44 67 72 33 38 81 138 139 Rates, Account of Debenture Page. Levying annual 57 Contirmed 85 For County liabiii'ties 155 Levied by Sheriff. 158 KATE-ROLL on execution ^y. 153 Reeve, qualification and Disquaiifications l^ Literary qualifications of 26 vJ"^^^^ *? ^'*' '"^>^* *^ penalty.' .".■.■ ^2 jbx officio J.P. . . "^ 68 Recovery of penalty — 73 Reduction of st/tute labor 61 Kent of County Buildings 71 Repeal of former Acts.:.. 153 Acts affecting Districts • 1^4 Registry Offices 177 Registry Books and Transfer." 7, 9 Originals, where kept 9 Registrar's fees, Tax searches 10 Assessor's searches 102 Entering Statement. 102 ^^^!^''^J;T'^^ ■^-«--- ■.•■:.■.■•■ : : ; : : : : : : : 'II Appeals from Court of 83 returning Officer 84 To have voters' list 27 Clerk to supply voters*' list' to 28 In wards 28 Clerk may act as 28, 29 Deputy 29 In new Municipaiitv 29 Riot, during election 30 Roads and Bridges, By-'Lawconcerni'ng ' .' .' ^ ^^ Opening and altering 41, 44 Opening of " ' ' 73, 143 By-Laws to be registered 1*2 Expropriation of 150 ROCKWOOD Special railway 'rate '^^ KU..ES for guidance of Councils ^8 of Order .. 164 154 SALARIES exempt from Taxation O Salary of Officers . . 82 Sale of Lands for Taxes 63 School Districts, By-Law Regulating '. '. '. ^l Security of Officers 24 Sections, Sub-division of Districts into '.'. , ^J SiicyRiTY, Bond? by Officers I'^O • 140 ^^^- INDEX. Separation from Union of County ^^^^^ Separation ' Sheriff's Levy ^ Signing and Sealing Debentures ' "^S Sinking Fund, Investment of ll Slaughter Houses. By-Law reoulatin^ f , SouRis River ^ ^^ Striking off Illegal Votes «? Statute Labor * ' ' ^^ Exemptions 12 Persons liable ^2 Operation of \ [[ Z? Reduction of 71 Commutation of 179 Performance of 79 Penalty for non-performance .....[ 11 Not done by non-resident it When non-resident may perform 79 By-Law regulating .' ," ." ' [^ Suspension of proceedings on By-Law «« Sundays and holidays not reckoned Jo Sureties, disqualified as Mayor Reeve and Councillor ." ." .' . ." .' .' .' .' 26 TAXES, when due Collection of ^J "; 2S By-Law regulation. .:'.'.:'.:'.:.'.'.'.::: ''^- !q Annual rate f2 Distress for " ' 07 Distress sales for . ^^ Collectors of '" " ^^ Lien for oq Arrears of '' . °^ Collection of .'.'.■.■.■.■.■.■.■.■.■.■ ^ '^- 'q^V Remission of ^^ Payment of '.'.'.'.'.'.'.'..'. ^9 Tenant paying ^^ Collected by Treasurer qo 5 per cent, added to arrears on firf,t December fto 10 per cent, added to arrears wi Dist) ss for, by district Treasurer . . . .' ql On unpatented lands n? Sale for .".'.'.".■.■.■.■.■.■.■ It Assessor's certificate before sale ok Sale of land for [[[['] ^^ Land exempt for sale 07 Advertising sale for 97 Sale of interest in Crown land 90 Notice of time and place of sale . no Designation of lots, etc., ns Date of sale ' qo Advertisement of sale qa Page. 7 5 69, 153 57 57 41 5 65 70 70 70 71 71 72 72 72 72 72 43 66 40 26 43 85 87 88 88 89 'i. seq. 91 91 92 ^2 92 89 94 94 94 95 95 97 97 97 98 98 98 98 98 INDEX. „ .. XVll. Taxes, Cost of sale ^^oe. Adjournment of sale " ' ^^ Sale by Public auction ^^ Redemption of land sold . ^^ Sale to the highest bidder. ^^ Correct amount to be sold ' for.".!.".;. 22 bale for less than arrears ^^ Sale, payment by purchaser at ' time " of "sai; .' q? Balance of price when payable. ... ,^2 Re-sale on false bid . . ^^ Certificate of purchase ^^^ Fee for Deed JOO Effect of sales ifor. . .'.' ." lOO Purchaser's liability limited ^^^ Statement of lands sold ^^^ Notice of redemption to ' Registrar ::.':::: ]?} Register of sales ■'"1 Registrar's fees for ^ sale ' searches ." .' .* .' ' JJ? Purchaser's statement 1^2 Notice of redemption to purchaser . ; .' ]^l Redemption certificate ^^2 Right of redemption and terms JJ* Payments of redemption. ^0* Efl'ect of redemption 1^^ Deed of lands .' * ' 105 Recital in land deed 1^^ Form of Deed... 105 In arrear before 1st January; 1883 .' .' ." JJS bale of land in 1884 107 Pledging certificate for advances .' ??7 Due former Municipalities. . i r^o " ^ -^ 1** " Taxation, exemptions from ^^^' 159, IGO Tax ^f!tf r'^.^^^.H^" revision of roil" ■.;. qo \«. ,?? ^fSe^T'''''^^^'-^-^ «^^^-ent. . . ; ; '. l [ \ [ . ''' '''' 1% Books of Registrar 103 Return by District Treasurer,' 1st September "^^^ All arrears added for sale ««' September qq Costs of distress added ' 96 Deed, effect of .'.".".'."." -^6 To be registered 1^^8 Legalized for lands heretofore sold' .'.■': J^? Ut lands heretofore sold .. ^"^ After current term expires ^^^ Term for redemption extended for 1884 ) J? Kedemption when arrears unknown ^^^ -a-Ciions to set aside ••= = ....., jiq Fund .*.*.'.'.'.'.'.' 110 Depo^jxi, of Ill Claimants to ^ Order to pay over HI • Ill 3CV111. INDEX. _ -, _ Page. lAX Sales Fund. Petition for order on Hg Deposit in equity 112 Advice of application 112 Cost of application 112 Territory Unorganized 3 Temporary Loans 24 Tender for appointments illegal 64 Time, provisions in act merely directly in point of 136 Title to expropriated lands , 136 Town Council, Constitution of 26 Corporations may be formed 68 Towns separate Municipalities 29 Transfer of Registry Books 9 Treasurer's Annual Statement 37 Inspection of 37 Statement, penalty for ommissions in 38 Tree Planting, By-Law regulating [[[] 42 UNITED COUNTIES 5, 6,7 Union of Counties, separatibn from ' '7 Petition against 8 Unorganized Territory can be added to County . . . '. . . . . 8 MuNiciPALiT , voter in » ' 32 Municipality Candidates in . . 32 Municipality qualification of candidates in 32 Unoccupied Land, Assessment of ][[[ 77 VACANCY IN COUNCIL 28 In Council, election to fill ]]] 28 Vacant Land, assessment of , . . 77 Voting on By-Lav/ 49 Vote Nttt.lii ed by False Oath ......].......... 83 Votes, anting 34 Votes, Casting up 86 Voter, Certificated 29 33 Qualification of ' 3I Disqualification as 3I Felons disqualified as 3I Aliens disqualified as 3I Oath ; 32 Affirmation ' 32 In unorganized Municipality 32 Voters' List .*.'.'.*.".'....... ...28 et sea. To be Alphabetical 113 Advertising, revision of [ . ' 123 Clerk to have 28 Clerk to supply Returning Officer ' 28 Changes j j k Clerk Executive Council obtaining additional Lists .... . . 139 Certificate of _ jjg Certified copies ! ! 139 Page. 112 112 112 112 8 24 64 136 136 26 58 29 9 87 87 38 42 5,6,7 7 8 8 32 32 32 77 28 28 77 49 83 34 86 29,33 31 31 31 31 32 32 32 et aeq. 113 123 28 28 115 139 116 139 INDEX. ^i^ Voters' List, Complaints ajid Appeals . ^f^^ County Judges make rules concerning .' Hn Correcting changes in . . . ' " f Jr Certified by in complaint ...".'. Ill Death, etc., of Appellant ,^S Delivery of ^'^^ Form of Complaint ^^ Hearing Fee in disputed cases." .' Jo? Head of C^ouncil acting on notice '.] JoA Judge s Fee on revising . . , ^r Judge's Certificate of Revision . '. * ' " " iil Lands in several divisions... if^ Manufactured Votes . . , ^o Notice of Complaint '. }?° Occupant, Owners, and Tenants ...*.".■.■ ijx Otticials names endorsed :*!i Officers liable for mistakes. . ." jil Polling sub-divisions f , ^ Printing . . ^ ^^ Posting up ^15 Persons coming oi a^e' ^'^'[^ [:[:::[[[:][][] Jol Keal estate description (f ; Revision of [[ ' ^^° Revision where held Ill Sale oi copies JfS Space for inserting names JJI Striking names from ffj Substituting new owners's names J «? Summoning witnesses (~f Transmission of copies .' .' * ii «? iifi Transmission when certified . i oa Use of forms ..'.... J^X Wilful alterations &c. ...'." ." .' ." .' .' .' .* .* .' ." .' ." .' .' ] " ' ' ;;;;""' Jgg WARD, Nominations an Returning Officers o« ^J Divisions into oA it' 71 Councillors '. 30, 43, 44 Vacancies in. Council may fill. .'. ?} WESTERN Judicial District Board. ... .ti Sub-division into Sections .... , .tV WITNESSES, attendance of . . . 'jl„ Fees 62 Excising y.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. ll Competent ^J Attendance compulsory «« Sumnioning, on revision of Voters' list. ... .[..."" ' 125 On Equalization of Assessment, payment oi..........i4,5 uq fill : t I IP APPENDIX B. Containing " An Act to amend ' The Manitoba Judicial Districts' Act/" and ''An Act to amend 'The Manitoba Municipal Act, I884.'" 47 VIOTOK.1^, O^rs. 50 A.IsriD 51. Assented to 3rd June, I884, APPENDIX B. I CAP. 50. An Act to amend the " Manitoba Judicial Districts' Acts." [Assented to 3rd June, J884.] HER Majesty, by and with the advice and consent folio °-l ^^g^^^^^^^^e Assembly of Manitoba, enacts as ^y'^^I "^^""^^ Judicial District Boards of this Province Powers of are hereby declared to have had and to have, all the rights ^;/.^t"il*' ;S*»- and be subject to all the liabilities of a con>oration and especi-^««"^ ally shall have full power to acquire, hold and alienate both real and personal estate for all the purposes for which such ifoards have been cont^tituted, or which may be within their authority or jurisdiction and to have perpetual succession and power to sue and be sued, implead and be impleaded answer and be answered unto, in all courts and in all actions' causes and suits at law and in equity whatsoever, and to have a common seal with power to alter and modify the same at their will and pleasure ; and to be in law capable of receiv- ing by donation, acquiring, holding, disposing of, and convey- ing any property real or movable for the use of the said iioards, and of becoming parties to any contracts or agree- ments m the management of the affairs of the said Boards • and ot negotiating loans and borrowing money upon the credit of such Boards, for the purpose of defraying any neces- sary expenses for the carrying on of the business thereof or ot debts incurred in the management of their affairs, and 01 giving or accepting any notes, judgments or other instru- ments or securities for the payment, or securing the payment ot any sum of money, borrowed or loaned, with power to renew the same or any portion thereof, or for executing or guaranteeing the execution of any duty, right or thina what- soever ; and for the payment or securing the payment of any money borrowed, or of taking up bonds that may become due, or tor the purpose of making a loan or loans, or for any other legitimate purpose whatsoever. Provided always, that the said Boards shall not give or Proviso limit make any bill, note or other undertaking pursuant to thisi°«^>»o"°teo' section for an amount greater than one-half of the estimated expenditure of any such Board for current expenses and man- agement of the affairs of the said Board for the year in which any such bill, note or undertaking may be given 111. And provided further, that no deed of sale, mortgage or Proviso as to ^hfir ,nsfr„manf „fln„f any real estate of any Judicial "*'"'' ^*"' other instrument affect IV. IH^^^Hl Loans limited to one year. By-laws of J. D. Boards declared valid. Debentures declared valid and a hen. Collection of (rincipal and .ntcrest of debentures. Short title. APPENDIX B. District Board or under the control thereof shall be made, granted or executed by any such Board except with the approval of the Lieutenant-Governor-in-Council. i Provided however, that this section shall not be construed to give the Judicial Districts Boards power to borrow money upon nnv agreement that it shall be repaid within any period longer than one year except with the approval of the electors as otherwise provided, and no such Board shall have power to renew any note or other obligation so as to extend the time for payment of any part thereof beyond two years from the date of the said note or agreement. 2. All by-k\/S which have heretofore been passed by any of the Judicial District Boards of the Province of Manitoba to provide for the issue of debentures to raise the sum or sums required for the maintenance of goals, court-houses and administration of justice therein, and other incidental expenses connected therewith up to thfi first day of Novem- ber, A. D. 1884, or any of said purposes, are hereby declared to be and to have been within the authority of the said Boards and each of them to pass ; and the same and all clauses, matters and things therein contained are hereby declared to be legal and valid and binding upon the said Board or Boards passing the same, and their and each of their successors and the municipalities contained within their respective districts, according to the tenor and intent thereof ; and the debenture or debentures issued or to be issued there- under and the coupons of each such debenture are hereby declared to be and to have been legal and valid and binding upon the said Board or Boards which have passed said by-law or by-laws and issued the said debentures, and the successors of each of them, and the municipalities contained within their respective districts according to the tenor and intent thereof, and the said debenture or debentures shall be a first lien upon the assets and property of the said Board or Boards. The amount or amounts of principal and interest of the said debenture or debentures shall be collected and paid in the manner prescribed for the collection and payment of debentures issued by Judicial District Boards by " The Jud- icial Districts' Act of 1883," and the Acts amending the same; and the said Board or Boards are hereby declared to have and possess full power and authority to issue and negotiate the said debentures under the said by-laws or any of them. 3. This Act and the Acts hereby amended may be cited together as " The Manitoba Judicial Districts' Acts." ArpENnrx r. y CAP. 51. An Act to amend " The Manitoba Municipal Act, 1884." * [A88e7ited to 3rd June, 1884.] HER Majesty, b^ and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows : — 1. Section 43 of the Act passed at the present Session of f^^^j^f- °*p- "» the Legislature of Manitoba, Chaptered 11, intituled: " The amondixi. Manitoba Municipal Act, 1884," is hereby amended by insert- ing therein immediately after the twenty-second line thereof the words following " constructing any works or exercising any powers mentioned in section 111 of this Act and the various sub-sections thereof or of"; and by inserting the word " for " immediately after the word " or in the twenty- fourth line of said section. 2. Sub-section 1 of section 45 of the said Act is hereby ?"*'-8«c- i^jec. amended by striking out the words " a deputy registrar " in '"°^°*'*^- the sixth line thereof ; and sub-section 2 of the same section is hereby amended by striking out the proviso attached thereto and substituting the following : — " Provided that no person shall be qualified for election as Proviso. mayor or reeve of any town, city or municipality who is surety for any officer or employee of the Judicial District Board in which such town, city or municipality is situated." 3. The time for filing the petition of a majority of the Sub-sec. is, resident ratepayers under sub-section 15 of section 111 of theameidwi. said Act is hereby extended so far as it relates to the pre- sent year until the 20th day of June of this present year (1884). 4. Section 138 of the said Act is hereby repealed and the Sec. i38 following substituted therefor : — " 138. The following form for such publication or notice may be used : — ' Notice is hereby given that a by-lav^ to raise the sum of dollars by the issue of debentures to that amount for the pur- pose of aiding the construction of railway (or, as the case may be), has been submitted to the council of the municipality (tmvn or c^iy) oi and that a vote of the rate- payers entitled to vote thereon will be taken on the day ot next '^or ivsto-v^^ at (naming the place"^ or places), under the provisions of " The Manitoba Municipal Act, 1884," (or, as the case may be). amended. t ▼1. APPENDIX B. Sec. 208 amended. The 88 id by-law provides that fcho said debentuves shall be Py^^^f 'J years, with interest at per centum per annum, payable yearly, and that the amount to b« levied in each yearshalbeU (or in the years following ; in the year 1C85 shall be $ , in the year 1886, $ (or, 08 Ike case may he) for interest and sinkinc fund for re-payment of principal {or instalments of principal as the case may be). *^ The whole existing debt of the municipality (towa w city) ^^ .^ . , . > o" which there is nothing overdue for principal or interest (or, m the case may be) the amount of its ratable pioperty according to the last revised assessment roll w » , and the rate on the dollar levied accordini; to the last rate struck is ® The said by-law or j. true copy thereof is on file and can be seen at the office of the undersigned until the day of takinir said vote. '' * The further consideration of the by-law after the taking of said vote is fixed for the ' 5„,r ^ , ,, , - , at the council room in the town hall (or, as the case maybe) of the municipality (^cmw w <^*2/)of at o'clock in the noon. Daifld the day of , A. D. 188 A. B., Clerk of the Municipality (tovm or city) oi 6. Section 298 of said Act is hereby repealed and the fol- lowing substituted therefor : "298. Wherever the whole of a portion of the tax on any land has been due for more than one yeai aH* r the district treasurer with a warra^rthereto a^ nexed under the hand of l,h« rhairman and the seal of the district, commanding him to levy upon the lands therein descril,ed. for the arrears due thereon with the costs." nnSVil^ '''™r'"*rl'*' ''''•;^^' T/ "''^^^ ret^pecting th.. .lis- Alteration of pos tion made or to be nuule of lan.ls formerly constituting l^^iXta portion of any ot the great highways in the pJovi.ice which "-F'«"«'^'» Uve ceased or may cease to be used'aa part thereof on account '"^"''•'^• of changes made in the line of any such highway i^, i« hereby deckred that upon the said lands i ceasing'to b^usedaspar^ oLiu ^!fi\^^3^^<:h^y ''ecome and shall be vested in the nmni- cipahty within which such lands are situate, and the said muni- cipality shall make due compensation for the lands so taken for the new roadway in the manner provided in the exDronriation p^wpengatJon clauses of " The Manitoba Municipal Act, 1884/' ^ wa^" ~'^- 7. Section 306 of said Act is hereby amended by striking sec aoe out al the words after the word " at ""in the seconcf Une a^§ --Ted. substituting therefor" the CWnty Seats in the several coun- ties included in the district and where there are no County Seats established then at such place as may be fixed ty thi Judicial Board ot the Distnct and at such place in said County Seats or other p ace as tne chairman of the Board in his war- rant shall name. « 8. THe form given in section 315 of the said Act is hereby Form No. », amended by inserting immediately after the word "redeemed" ^^- 'iS. in the twenty-seconcf line of saidVm the words " .ndirthe requirements of ' The Manitoba Municipal Act, 1884/ be other- wise complied with." iJ' i^^lt'^^^l ""l *^^f '"^ ^""t' i« ^«reby amended by insert- Seo. 333 mg in the fifth line thereof immediately after the word '""''"'^•'•^ aforesaid the following words "within the time provided by this Act and of all subsequent taxes upon such land from the date of the tax sale, and by striking out the words " in duplicate where they occur in the ninth line thereof. 10. Section 310 of the said Act is hereby amended bysec.sio striking out all the words m said section after the word "for "*"°*""*«^- where the same occurs in the tenth line thereof and by adding the tollov/ing sub-section thereto : — -^ s (a.) The district treasurer may offer the said land for sale i-and. to be in legal sub-divisions or in different lots or parcels so thaf nn ""l^jn i"?"^ such lot or parcel shall be less than a single Totlcor^^^^^^^ any registered plan, nor^less than a legal sub-division accord- iiig w wie iyOiiiiiiion Government Survey. If there be no registered plan of the lands of which the parcel offered for VIU. APPENDIX n. sale forms a mrt, he shall exorcise his discretion in selling the portion which shall appear to him best in the interests of the owner and of the municipality ; and if, by selling according to the above conditions a portion of the particular lands assessed for any sum for which the same are advertised for sale, he realizes the full amount of the taxes due thereon and 'he other charges, he shall not then sell any further portion thereof ; and the amount of taxes and other charges stated in the district treasurer's advertisement shall, in all cases, be held to be the correct amount due. tezo^cT'°i l^' ^^ ^^^^^ -where since the passing of said Act and iftin by-iaWs before the passing of this Act a Judge of the Court of Queen's cmittaSed. ^«"«'» has certified, under section 143 of " The Municipalities Act, 1883," that he is of opinion that a by-law passed before the passing of "The Manitoba Mrnicipal Act, 1884," has been duly and properly pjissed, such certiticato shall be deemed as valid and etfectual as if the said " Thj Municipalities Act, 1883," had not been in any way amended or superseded by " The Manitoba Municipal Act, 1884," and where before the passnig of this Act the clerk of any municipality has adver- tized as provided in section ,140 of " The Municipalities Act, 1883," that any such by-law therein referred to has been sub- mitted to a Judge of the Court of Queen's Bench, and that s'^ch judge will be applied to for a certificate as to such . by-law under the provisions of section 139 of said last men- tioned Act, the proceedings to obtain such certificate may be continued, and the certificate of such judge, if given, shall be as valid and effectual as if the said " The Municipalities Act. 1883," had not been in any way amended or superseded by " The Manitoba Municipal Act, 1884." 12. Where, before the passing of the said " The Manitoba Municipal Act, 1884," a County Council had passed a by-law for the issue of the debentures of the county for the purpose of defraying the co.st of er<-cting or supplying a building for the purpose of a County Court or Registry Office or both with er without provision for furnishing the same, or for the pur- pose of paying any indebtedness incurred for any such pur- pose or purposes, and the plans of such building have been or shall hereafter be approved by the Lieutenant-Governor-in- Council, such by-law shall be binding upon the county. And if the debentures have not been issued thereunder, tlie officers of the Judicial District Board within whose district the county is situated shall proceed to obtain said by-law to be legalized under section 139 and following sections of the said " The Manitoba Municipal Act, 1884," (if not already legal- ized under the former Municipal Act), and shall issue the debentures thereon as the debentures of the formerly existincr county municipality, secdinj; them with the seal of the Judiei*0 Dutnct Board and expressing therein that the Judicial Dis- By-laws here- tofore passed providing for county courts and registry offices. J. D. Board may issue debentures. APPENDIX n. IX. TOdIt tnct Board promises to pay the principal and interest secured by such debentures resnectivoly out of the moneys to be levied upon and collected from the municipalities comnoNing such county, and the same shall then bo valid and eliectual and binding upon the county and the municipalities compos- ing the same, as if the County Council had still remained in existence and had full power to pass such l)y-la.w antl issue such debentures and as if the officers of the county had issued the debentures ; and the Judicial District Board shall in each munmtand year levy upon and collect from the various municipalities «'"'""« '""d. composing the county the sums necessary to pay the interest on such debentures according to the by-law, and the sinkinir- tund +'■" i^o"'""-* -* — :.,„:_.-i ii . . , ». (« sinking have done if still existing. And the Judicial District Board shall dispose of the deben- "V*""'' '""y tures as the County Council might have done, and apply the turcH.""""" proceeds tliereof to defraying the cost of such buildings with or without the cost of furnishiug (as the case may be), or any indebtedness incurred by the County Council therefor. 13. The Board of any Judicial District ma>,at the request i.y.iawH f„r ot tne council ot any municipality, pass by-laws for borrow- 'T""""'""" ing money upon the oedit of the county in which such mun- ""^^ icipahty IS situated, for any purposes for which the council of the county had power under "The Municipalities Act 1883" to levy moneys upon and colUict the same from the municipal- ities composmg the county, or for any purposes for which the said Board may under the " Manitoba Municipal Act 1884" levy moneys upon or collect the same from the municipalitit's composing such county, or to pay or liquidate any indebted- ness incurred by such County Council or incurred by the Judicial District Board for such county ; an