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AC'] AC1 Pri 'Tb:d By '<■ .,* li Consolidated /lets of Ipeorporatiop OF THE City of l/apeouuer Pod /^(T\C9di9($ Pet5 COMPRISING THE FOLLOWING: THE ACT OF INCORPORATION OF 1886 '*^ ACT AMENDING ACT AMENDING ACT AMENDING ACT AMENDING ACT AMENDING ACT AMENDING ACT AMENDING 1887 1889 1890 1891 1892 1893 1895 /! Pri TED By Order of the Cit\ Cou\c :if. OF Vancouver OF 1898. J. F. GARDEN, Mayor J T. McGUIGAN, Cirv Ct, krk J A. vSt. G. h\mersle\ , Cit\ Solicitor 1898. CRITIC PRINTING COMPANY, VANCOUVER, B.C. • • • ' I 1 • • .. ► • • • .» « • • • • . , •••«*» I ^ NW V I? vc > i=B kH^ f jij'jiijft li^5908 ' ■ A- \ h- . ^. 1 '^ille and Thei ent" of t\ 'olumbia I F if the tra ion herec lared to y the na oration I nd shall leaded, a ctions, a hall have ame at tl: eceiving nd convc he said C nd for th '^Mfy con otes, bill ents, or i any st uaranteei )ever, an< ouey bor e said Ci ome dt tgitimate ith the ; >ses afore r the sun *•< ww^ r'.J ^^^ 'UEREAS it is expedient that the inhabitants of the tract of land comm6nly known as the Town of Gran- nlle and vicinity should be incorporated: Preamble. Therefore, Her Majesty, by and with the advice and con- sent' of the Legislative Assembly of the Province of British Columbia, enacts as follows; — Tncorporatlou of I From and after the passing of this Act the inhabitants {iirfl^t^'of vSn" [f the tract of land as hereinafter described in the second sec- """*'*"■• Kon hereof, and their successors shall be, and are hereby de- llared to be, a body politic and corporate in fact and in law, jy the name of "The City of Vancouver," and the said Cor- )ration by the same name shall have perpetual vsuccession, |nd shall have power to sue and to be sued, implead andbeim- lleaded, answer and be answered unto, in all courts and in all (ctions, causes and suits at law or in equity whatsoever, and lall have a common seal, with power to alter and modify the ime at their will and pleasure, and shall be in law capable of :eiving by donation, acquiring, holding, and disposing of, |nd conveying any property, real or movable, for the uses of le said Corporation, and in the management of the affairs |nd for the purposes of said Corporation, of becoming parties ai*y contracts or agreements, of giving or accepting any )tes, bills of exchange, bonds, obligations, or other instru- ments, or securities for payment of, or securing the payment any sum of moneys borrowed or loaned, or executing or laranteeing the execution of any duty, right or thing what- ever, and for the payment, or securing the payment of any ^oney borrowed, or of paying loans laade, or dtbts rrvving to le said City of Vancouver, or t>f taking up bonds that may :onie due, or of making a loan or loans, and for any other Igitimate and sufficient im' pose whatsoever; in;* conpjecitioH' |ith the affairs of said Corporation; and for any of the pur- )ses aforesaid, the said Corporation may grant or issue bonds )r the sum or sums of money therein to be specified under city Boandariei. the provisions hereinafter set forth, payable at such time and times after the granting: and issuing thereof, and in such place or places in this Province, in the Dominion of Canada, in the United States of America, in anj' part of Great Britain, or ehiewhere, and either in currency of the Dominion of Can- ada, or of sterling money of Great Britain, or the currency of the country where the same may respectively l)e made payable, as to the said Corporation may be thought advantageous or expedient: Provided, always, that the said Corporation shall not make or give any bond, bill, note, debenture, or other un dertaking for the payment of a less sum than one hundred dollars ($ioo), and any bond, bill, note, debenture or other undertaking issued in contravention of this section .shall be void: Provided always, that nothing herein contained shall be construed to authorize the said Corporation to issue notes" or bills of exchange payable to bearer, or to issue notes to cir- culate as those of a bank — iS86, c. 32, sec. i. 2. The said City of Vancouver shall be bounded as fol- lows: — Commencing a<: low-water mark on the south shore ofl Burrard Inlet at a point where the easterly boundary of lot 184I in New Westminster District produced northerly would inter- sect said low- water mark; thence southerly along said pro-j duced boundary and along said easterly boundary of said lot, and also along the easterly boundary of lot 264 a in saic New Westminster District to a point where it would be inter! seated by the southerly boundary of said lot 264A producecl| easterly; thence westerly along said produced line and alon^ said southerly boundary of said lot 264A to the south-westerlyi corner of said lot; thence westerly along the middle of the| street between blocks numbers 97 and 98 on the one side, anc blocks numbers 95 and 96 on the other, as shown in a regis- tered plan of subdivision of lot number 301 in said District of New Westminster; thence still westerly along the middle of the streets between blocks numbers 54, 55 and 56 on one side, and bloc]^ numbef*i ^*/,, 5S;and 59 on the other side, according to a,i1egi^tet^d plaii of" a fepbtti^ivsion of the southerly half of lot numt^p'302 in said New WevStt'ninster District; thence con- tinuing due w^st to Cimpbell, Street, ^he westerly boundary of tlife 'GoyernTiieiit Town Plot p^'^|iglis|i Bay; thence northerly alorig" the 'ihfddle' line of Campbell Street to the low- water mark of said English Bay; thence along the line of said low- watet mark to False Creek; thence across the mouth of False 1 time and I in such >f Canada, it Britain, )n of Can- Lirrency of e payable, ageous or ition shall other un- : hundred e or other )n shall be lined shall ssue notes )tes to cir ed as fol h shore of of lot 184 3uld inter- \ said pro- said lot, L in sai i be inter produced and alon li- westerly lie of thel : side, an in a reg^s- District of middle of 1 one side, according half of lot lence con- mndary of northerly low-water said low- fa of False n as assessed value of three hundred dollars, and who was of property?"""* snch tenant at the time of the final revi.sion of said voters' list used at the election, and on the day of the election: Provided, that a change of tenancy between the final revision of said voters' list and the day of the election shall not deprive the tenant of a right to vote, if such change is without any intei mi.ssion of time, and the several tendencies are such as would entitle the tenant to vote had .such tenant been in possession under either of them as such tenant between the times afore- said: Provided, that the words ' tenant of real property' shall not include lodgers, boarders, or temporary occu- pants of rooms in any building — 1887, c. 37, sec. 3; 1895, c. 68, sec. 3. 6. When any two or more persons are, either as busine.ss wiioro .loint m-i. • • J. J. 1. J. 4. • u ^1- Ownership. &o.. )artners, joint tenants, tenants ni common, or by any other Each Person may cind of joint interest, the owners or tenants of any lot or por- "" ^' ion of a lot, or parcel of real property, within the said city, ach of such persons whose share therein is sufficient in value, ccording to the provisions of this Act, to qualify such per- - on as a voter, shall be entitled to be entered on the list of voters, and to vote in respect of such share, as if it were held n such person's individual name, and not jointly with one or lore — 1886, c. 32, sec. 7; 1887, c. 37, sec. 4. 7. No Chinaman or Indian shall be entitled to vote at Chinese and in- . . , , ^. . ^, , ^. - ,, (Hani Not to Vote ny municipal election for the election of mayor or aldermen -1887, c. 37, sec. 5; 1895, c. 68, sec. 5. ELECTIONS. 8. A meeting of the electors of the city shall take place Nomination for )r the nomination of candidates for the office of Mayor of ^n*?! lideSn at le city on the first Thursday of the month of January, an- lally at eleven o'clock in the forenoon, in the City Hall, or [icli other place as the Council shall by by-law appoint, and k nomination for the candidates for office of Aldermen for Subsequent Elei'- tions. 11 . The Olerk to " Preside. 8 each ward, on the same day and at the same place, at the hour of twelve, noon. The Clerk of the city shall be the Returning | Officer of the city, to preside at such meeting, and in case of | his absence or inability to attend, the Council shall appoint a person as Returning Officer in his place; and if the Clerk or person so appointed does not attend at the hour for holding such meeting, the electors present shall appoint a Returning | Officer from among themselves — 1886, c. 32; 1891, c. 72, sec. 6. Close of Nomina- tion. ( I ) No nomination for Mayor shall be received after the I hour of twelve o'clock, noon, of the said day, and no nomination for Alderman shall be received after one I o'clock on the afternoon of the said day: Notice of Nomi- nation Meeting. (2) The City Clerk shall give notice of such meeting to the electors for the nomination of candidates for Mayor or I Aldermen by advertisement, for at least two weeks, in a newspaper published or circulating in the ciiy, and at| least six posters posted in each ward in said city. Nominaticn and 9. The nomination of each candidate shall be in writing, dent thereto, and be signed by the proposer and seconder, who shall be, inj case of Aldermen, duly qualified electors of and resident in I the ward of the city for which the candidate is nominated, and in case of Mayor, duly qualified electors of and resident in any ward of the city; and such nomination shall contain aj statement, .signed by the person nominated, that he consents to such nomination. If no more than the required number for any particular office be nominated, the Returning Officer j shall, after the lapse of one hour from the time fixed for hold- ing the meeting, declare such candidate or candidates auxjy 1 elected for such office or offices. Should more than the requisite number be nominated for any particular office, the Returning Officer shall adjourn the proceedings for filling such offices until the second Thursday in January, when the poll or polls shall be opened in each ward, or polling subdi-| visions, at such place or places respectively as may be fixed by the by-law of the Council for the election, at nine o'clock in I the forenoon, and shall continue open until five o'clock in tliej afternoon of the same day, and no longer — 1886, c. 32, sec, 15; 1891, c. 72, sec. 7. he hour ;turning I case of ppoint a ;^lerk or holding iturniiig c. 72, fter the , and no fter one g to the layor or ^eeks, in ^, and at y- writing, ill be, in ident in ninated, resident ontain a consents number g Officer "or hold- tes c*Ui^ tian the ffice, the )r filling vhen the y subdi- fixed by clock in :k in the 32, sec, ■ (■■■ !•■ ■; -rj lo. The Council shall from time to ti .le hv by-law an- Rv-Lhw for an point the place or places for taking the vote of the electors in each ward of the city, and appoint the Deputy Returning Offi- cers to take the said votes in such wards, and in the event of no such Deputy Returning Officers being appointed, the Clerk of the city shall appoint Deputy Returning Officers for hold- ing the election in conformity with this Act. (i) In case at the time appointed for holding an election The Absemo <»f the person appointed to be Deputy Returning Officer has ulrninVofflwr died, or does not attend to hold the election vyithin one •* ^'^ ® hour after the time appointed, or in case no Deputy Returning Officer has been appointed, the electors pres- ent at the place for holding the election may choose for themselves a Deputy Returning Officer, who shall forthwith proceed to hold the election and perform all the other duties of a Deputy Returning Officer, and in all cases the City Clerk, or such person as the Council may appoint, shall administer the necessary oath of office to the Deputy Returning Officers, which shall be in the following form: — I, A. B., do solemnly promise and declare that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office of Deputy Returning Officer to which I have been appointed in this City of Vancouver, and that I have not received and will not receive any payment or reward, or promise of such, for the exercise of any partiality or malversation or other undue execution of I the said office, and that I have not by myvSelf or part- ner, either directly or indirectly, any interest in any contract with or on behalf of the said Corporation — 1886, c. 32, sec. 16; 1891, c. 72, sec. 8. . (2) The Returning Officer and Deputy Returning Officers JnTnStyX'-®'' however appointed as aforesaid, shall, during the elec- to'be con^erva-^ I tion, act as conservators of the peace for the city, and tors of the Peace I they or any Justice of the Peace having jurisdiction in I the city may cause to be arrested, and may summarily Their Powers. I try and punish, by fine or imprisonment, or bind over I to keep the peace, or for trial, any riotous or disorderly I person who assaults, beats, molests or threatens any I voter coming to, remaining at, or going from the elec- I tion, and when thereto required, all constables and per- lO sons at the election shall assist the Returning Oflficer, Deputy Returning Officer, or Justice of the Peace, under penalty of fifty dollars in case of refusal, or in default of payment to be imprisoned for a period not exceeding thirty days: Hpeciul Con- stHbles may lio Sworn In. (3) Every Returning Officer, Deputy Returning Officer, or Justice of the Peace, may appoint and swear in any number of special constables to assist in the preserva- tion of the peace and of order at the election; and any person liable to serve as constable, and required to be sworn in as special constable by the Returning Officer. Deputy Returning Officer, or Justice of the peace shall, if he refuses to be sworn or to serve, be liable to a penalty of twenty dollars, to be recovered to the use of any one who will sue therefor — 1886, c. 32; 1891, c. 72, sec. 8. Proceedings at Elections. City Clerk to Provide Ballot- Roxes und Voters* Lists for Returning Cili- ce rs. Voters' List to be Verified on Oath. II. The proceedings at elections shall be as follows: — (i) The Clerk of the city or other Returning Officer shall, before the poll is opened, deliver to the Deputy Return- '^fj'i ing Officer for each ward or polling subdivision, a ballot . ' ' box, and a copy answering to the form in the Schedule of this Act, certified to be a correct copy of the voters' list of the ward, and also a list of the candidates for the office of Mayor, and of the candidates for the office of Aldermen for such ward, together with a sufficient number of ballots for Aldermen and for Mayor, or either as required: (2) The Clerk or other Returning Officer shall deliver with such voters' list his solemn declaration, under oath, that the said voters' list is a true copy and correct list, containing the names of all persons entitled to vote at said election in respect to being duly qualified by ap- pearing on the last revised voters' list of the said city or ward : Deputy Return- ing Officers. (3) Every Deputy Returning Officer shall nominate and appoint, in writing, one or more clerks to act for him in the election, to whom he shall administer the oath of office — 1886, c. 32, sec. 17; 1892, c. 62, sec. 2. f^^^^^^m mm II (4) Every Deputv Returning Officer, except in cases pro- PolUoU-Heid ^ •' ■ ' " * ' R«>i wptMi » a.iii. vided for in snb-section i of section i6, shall com- ami « p.m. mence every election at nine o'clock in the forenoon, and close the same at the hour of six o'clock of the afternoon of the same day — 1893, c. 63, sec. i. (5) Every Returning or Deputy Returning Officer shall <^»''i««- administer all oaths and affirmations necessary at an election : (6) In case, by reason of riot or other emereencv, an elec- Eioction not , , Conimcnuea. or tion IS not commenced on the proper day, or is inter- FnUMrupt«u by , - , . , , , r , , «. , Itlot. *l!.. to bo rupted after being commenced, and before the lawful Kesumcd. closing thereof, the Returning Officer shall hold or re- sume the election on the following day at the hour of nine o'clock in the forenoon, and continue the same from day to day, if necessary, until the poll has been opened without interruption and with free accCvSS to voters for nine hours in all, in order that all the electors SO inclined may have a fair opportunity to vote — 1893, c. 63, sec. 2. (7) At an election of Mayor and Aldermen a voter before Onth. &p.. of ,. ,.111^ •/• -JL 1' Challenged Voter marking his ballot paper, if so required by any candi- date, or his agent, or any elector, shall state his or her ' occupation and residence to the Deputy Returning Officer, or, if so required, shall take the following oath (or affirmation): — "I, A. B., do swear (or affirm) that I am twenty-one years of age [and at elections after the first, that I am the person whose name is on the list of electors now shown to me] ; that I have not voted before at this election in this ward or for a candidate for Mayor (if the voter proposes to vote for a candidate for the Mayorality); that I have not received anything, nor have I accepted any promise made to me, directly or indirectly, either to induce me to vote at this election or to indemnify me for loss of time, travelling expenses, hire of vehicle, or any other service connected with this election; that I have not been guilty of act of bribery or undue influence as defined by this Act, or any act of 12 CoiiHtruuiion of Rallot-HoxuH to bo IlHud at Elec- tlona. Deputy Kotiirn- InfrOmuor to 8how Box empty und luuk it. Votes to 1k5 by Ballot, Form of Ballot Paper for Alder- men. Form of Ballot Paper for Mayor. corruption, disqualifying nie from votinjj at this elec- tion, and that I am properly qualified to vote at thi.s election. So help me God:" (8) The Council of the city shall provide a ballot-box for each polling subdivision, which shall be provided with a lock and key and have an oixjuing through the lid of sufficient size to admit a single- folded ballot and no more, and the said boxes shall be kept by the City Clerk for the uses of the said city only, and shall be given out by him to the several Deputy Returning Officers for use in electoral purposes, and it shall be the duty of the Deputy Returning Officer for each polling subdivision forthwith after any election to return the same to the City Clerk, or other Returning Officr: (9) The Deputy Returning Officer for each polling subdi- vision shall upon the opening of the poll, open the ballot-box in presence of the candidates (if present) and their agents, or other persons present, and shall turn it upside down so as to show it is empty, and then lock the box, and the key thereof shall be kept by him, and the said box shall not be reopened until the close of the poll, for the purpose of counting the ballots therein: # (10) Every elector shall vote by ballot: (11) It shall be the duty of the City Clerk or other Return ing Officer, forthwith after the nominations are held for the offices of Aldermen in the various wards in the city, to cause to be printed ballots for each separate ward in which there shall be an election for Aldermen, which ballots shall have printed upon them in large letters at the top the number of the ward, and thereafter the names of the candidates for the office of Alderman fo r that ward and their occupation and calling, which names shall be in alphabetical order, and deliver suffi- cient of the same to each Deputy Returning Officer for each polling subdivision — 1886, c. 32; 1887, c. 36, sec. 6. (12) In case an election for Mayor is required, the Clerk, or other Returning Officer, shall cause ballots to be printed s-^Jk^i' li m w of th w sn fo (13) t: or • an ea th lei (14) Tl ro( sh; (15) Th by wh the gh bal 32, (16) Th or pill cro dat in I can anci nai] niai Ret pre: age the ope and upo 13 which shall have printed upon them at the top " C/ty of Vancouver," and thereafter printed in large letters the names of the candidates for the office of Mayor, which names shall be in alphabetical order, and deliver sufficient of the same to the Deputy Returning Officers for each polling subdivision: ' ,' (13) The ballot papers for Mayor shall be printed on pink Color of Papm-. or red paper, and those for Aldermen on white paper, • and there shall l)e a margin on the right-hand side of each ballot, after the name, sufficient for the mark of the voter, and the names shall be printed closely to the left-hand margin: (14) The Deputy Returning Officer shall provide a private votin«r stalls, room or stall, with desk and pencil, where a voter shall retire to mark his ballot: (15) The Deputy Returning Officer, or Clerk to be appointed '/fP^J^.^fJ"''"'*, by him, shall put his initials on the back of each ballot l''«?"'U*''* "° ■' ^ Hal lot Paper. when one is asked for hy a voter, and shall mark on the voters' list a mark to indicate that a ballot has been -^ given out. No voter shall be given more than one ballot paper for Mayor and one for Aldermen — 1886, c. 32, sec. 17; 1887, c. 37, .sec. 7; 1892, c. 62, .sec. 3. (16) The voter .shall at once, upon receiving his ballot paper Voting'. Markinir or papers, retire to the room or stall provided for the purpose and mark his ballot or ballots by putting a cross on the right-hand .side of the name of the candi- date for whom he wishes to vote, and in the year 1893 in the event of there being only two candidates, the candidate whom he wishes to hold office for two years, and shall at once fold the same so as to conceal the name or names of the candidates for whom he ha.s marked his ballot and return the same to the Deputy Returning Officer, or Clerk appointed by him, in the presence of the scrutineer or .scrutineers, agent or agents of the candidates, who shall, without opening the said paper or papers, or permit the same to be opened or examined, deposit the .same in the ballot-box, and the Deputy Returning Officer's Clerk shall there- upon write down the name of the person whose ballot »4 paper has been deposited in the said ballot-box in a separate list provided for that purpose, and the said Clerk shall sign and subscribe his name to each list and return the same to the Deputy Returning Officer at the close of the poll — is'86, c. 32, sec. 17; 1892, c. 62, sec. 4; 1893, c. 63. sec. 3. i Si Delivery of Bal- lot Paper to Voter. (17) The Deputy Returning Officer when any ballot paper or papers are required shall pronounce in an audible voice the name of the person requiring a ballot or bal- lots, and if the name of such per.son is found on the voters' list of the said^ward used at such election, the said Returning Officer, if the .said voter is not required to take the oath or to .state his or her residence or occupation, or if required to take the oath or make such statement, duly takes or .states the same as re- quired, shall deliver a ballot or ballots for the office of Mayor or Aldermen, or either, as the case may be— 1886, c. 32; 1891, c. 72, .sec. 9. I Proceedlnjrs In case Ballot Paper cannot be used. (18) A voter who has inadvertently dealt with the ballot paper or papers given to him, in such a manner that either or both cannot be conveniently used, may, on " delivering the same to the Deputy Returning Officer, obtain another or others in the place of that or those .so delivered up: Counting the Votes. Rejecting' BaUots. M (19) Immediately after the close of the poll the Deputy Re- turning Officer shall, in the presence of the Clerk and the candidates or their agents, and if the candidates and their agents are absent, then in the presence of at least three electors, open the ballot-box and proceed to count the number of votes given for each candidate. In .so doing he shall reject all ballot papers which are not similar to tho.se supplied by the Deputy Returning Offi- cer; all those by which the votes have been given for more candidates than are to be elected; and finally, all those upon which there is any writing or mark by which the voter could be identified: Disposal of Bal- lot Paper after Count. (20) The other ballot papers being counted and a li.st kept of the number of votes given for each candidate, and of the number of rejected ballot papers, all the accepted )ox in a he said list and r at the 62, sec. t paper audible t or bal- on the ion, the ■equired ence or r make le as re- )ffice of ay be — 2 ballot tier that may, on Officer, those so uty Re- ierk and ates and at least to count . In so are not ing Offi- iven for tally, all »y which list kept ', and of accepted (21) 11 ii (22) 1 11 tl ai ii tl m Hi Ci (23) U R( Oj th de vo pe be ca; ha 15 ballot papers shall be put into a separate envelope or parcel, and those rejected shall also be put into a differ- ent envelope or parcel, and all these parcels being en- dorsed so as tojndicate their contents, shall be put back into the ballot-box: (21 ) The Deputy Returning Officer shall take a note of any [J.^LPoJ^e^^iJ'/"' objections made by any candidate, his agent, or any elector present, to any ballot paper found in the ballot box, and shall decide any question arising out of the '*'i"'t? objection, and the decision of such Deputy Returning Officer shall be final, subject only to reversal on petition questioning the election or return. Each objection to a ballot paper shall be numbered, and a corresponding number placed on the back of the ballot paper and ««'t»> initialed by the Deputy Returning Officer Note Objections taken to RaMot Papers at the (Jouiitiiifjr of and NiinilMM- (22) The Deputy Returning Officer shall make out a state- statement, ment of the accepted ballot papers; of the number of votes given to each candidate; of the rejected ballot papers; of the spoiled and returned ballot papers, and of "^ those unused and returned b}' him; and he shall make and keep by him a copy of such statements, and enclose in the ballot-box the original statement, together with the voters' list and a certified statement, at the foot of each list, of the total number of electors who voted on each such list, and such other lists and documents as may have been used at such election. The ballot-box shall be locked and sealed, and shall be delivered to the City Clerk: (23) Upon receiving the ballot-boxes from the sev^eral Deputy cieik to Add Up Returning Officers, the City Clerk or other Returning cMar^wNm is*"' Officer, shall add together the number of votes cast for ' *'^^^' ' the various candidates for Mayor, and shall forthwith declare the candidate having the highest number of votes to be Maj'or of said city and shall also forthwith i(» Tie Vote f«)r declare the candidates from each ward, who shall ap- hav^casttnjf *" pear by such returns to have received the highest num- ber of votes, elected for such wards respectively; and in case two or more candidates for the office of Mayor have received an equal number of votes, then the City Vote. i6 Clerk, or other Returning: Officer, shall vote for one thereof, and forthwith declare such one elected: If u Tie Vote for Alderman. cMurk to liuvu (JastliiK Vote. ( 24 ) In case two or more candidates for Alderman have an equal number of votes, the City Clerk, or other Re- turning Officer, whether otherwise qualified or not, shall give a vote for one or more of such candidates so as to decide the election: • Proeeedlng-s in Case of a Ward not Electing. ' When Ballot Papers may be Inspected. (25) In case no returns be made for one or more wards, in consequence of non-election owing to interruption by riot or other cause, the members of the Council duly elected being at least a majority of the whole number of the Council when full, shall elect one of the Alder- men to be presiding officer, who shall act as Mayor, and who shall take necessary declarations and possess all the powers of Mayor until a poll for each ward or wards has been held: 1 (26) No person shall be allowed to inspect any rejected bal- lot papers in the custody of the Cit}- Clerk, or other Re- turning Officer, except under the order of a Judge of the Supreme Court of British Columbia, or a Judge of the County Court, having jurisdiction in the City of Vancouver; such order to be granted by such Court or Judge on being satisfied by evidence on oath that the inspection or production of such ballot papers is re- quired for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return; and any such order for the inspection or production of such ballot papers may be made, subject to such conditions as to persons, time, place and mode of inspection and production, as the Court or Judge making the same may think expedient, and .shall be obeyed by the Clerk of the City, or other Returning Officer: ' Recount may be Ordered by a .Tudtre of Supreme o" County Court (27) Upon an affidavit presented by an elector, any Judge of the Supreme Court of British Columbia, or a Judge of , the Coimty Court, having juri.sdiction in .said City of Vancouver, . shall have power to and shall direct a re- count of the ballots for Mayor or Aldermen, and shall or one ave an ler Re- 5r not, lates so irds, in >tion by il duly number Alder- cr, and jsess all /ard or ted bal- her Re- udge of udge of City of 'ourt or hat the 5 is re- dning a papers, election :tion or subject d mode • Judge 5hall be turninj> udge of udge of City of ?ct a re- nd shall (28) (29) 17 direct the City Clerk to produce all the ballot papers before him, and he shall recount the same and decide as to the proper number of ballots cast for each candidate, and declare the result of such count; and his declara- tion as to such recount shall be final, subject to the election being contested as hereafter provided. Such recount must be made within ten days after the declar- ation of the City Clerk or other Returning Officer. A fee of twenty dollars shall be paid by the applicant to the said Judge, upon presenting the affidavit asking for the recount: (28) The Deputy Returning Officer, on application of any £'J^®of"|"cu'"- voter who is unable to read, or incapacitated by blindness «jty t^> Mark or other physical cause from voting in the manner pre- scribed by this Act, shall assist such voter, by marking his ballot paper in the manner directed by such voter, in the presence of the agents of the candidates, and of no other person, and by placing such ballot paper in the ballot-box; and the Deputy Returning Officer shall cause a list to be kept of the names of the voters whose ballot papers have been so marked, in^^pursurnce of this section, with the reason why each ballot paper was so marked. And whenever the Deputy Returning Officer shall not understand the language spoken by an elector claiming to vote, he shall swear an interpreter, who shall be the means of communication between him and such elector with reference to all matters required to enable such elector to vote: (29) Every Deputy Returning Officer or Clerk who is guilty Monoy Penalty of any wilful malfeasance, or any wilful act or omission in contravention of the election clause of this Act, shall forfeit to any person aggrieved by such malfeasance, act or omission, a penal sum not exceeding five hundred dollars, in addition to the amount of all actual damages thereby occasioned to such person: (30) In addition to the Deputy Returning Officer and the whomay bcpres- Poll Clerk, the candidates or their agents (not exceed- pK^'""""^ ing two in number for each candidate for Mayor, and one for each candidate for Alderman), and in the ab- vSence of agents, two electors to represent each candi- i8 AirontHof Uuiidl- d»U:. date for Mayor, and one elector to represent each can- diilate for Alderman, by the recjuest of such electors or elector, and no others shall be permitted to remain in the room where the votes are given during the whole of the time the poll remains open: (31) Any person producing to the Returning Officer or Deputy Returning Officer at any time a written authority from a candidate to represent him at the election, or any proceedings of the election, shall be deemed an agent of such candidate within the meaning of this Act: Otttli of Secrecy. (32) The agents of each candidate, and in the absence of any agent of any candidate, the electors or elector, repre- senting such candidate, if there be such elector or elec- I tors, on being admitted to the polling station, shall take the following oath (or affirmation): " I do solemn- ly swear (or affirm) that I will keep .secret the name, or names of the candidate, or candidates, for which any of the voters in ward may have marked his ballot paper in my presence at this election. So help me God." "Deputy Return* Ing Officer" t<) In. elude the Return- ing Officer. (33) Wherever the words "Deputy Returning Officer" occur in clau.se 1 7 they shall be deemed to include the Returning Officer — 1886, c. 32, sec. 17; 1887, c. 37, sec. 6; 1889, c. 40, sec. 5; 1891, c. 72, .sec. 9; 1892, c. 62, sec. 2, 3 and 4. city Clerk shau (34) The City Clerk shall retain for two months all ballot retain aU Ballot '- ' sence, &c. 15. Ill case a member of the Council ceases to be the owner of freehold or leasehold property as provided by clause 4, sub-section 2 of Act of 1889, 01 be convicted of felony, or any infamous crime, or be declared a bankrupt, or be charged in exception for debt, and remains in close custody or upon goal limits for one month, or applies for relief as an insolvent debtor, or assigns his property for the benefit of creditors, or in case any member of the Council absents himself from the meetings of the Council for one month, or from the meetings of any committee of which he may be a member for two months, without having been previously excused from such attendance by a resolution oi: the Council, entered in its min- utes, his seat in the Council shvl thereupon become 'acant— 1886, c. 32, sec. 19; 1889, c. 40, sec. 7. Candidate to Hiodiice OertiH- cate of Kip^-lHter- ud Ownerslitp 15A A candidate for Mayor or Alderman shall, at the time of his nomination, deliver to the Returning Officer a certificate signed by the District Registrar of Titles that he is the registered owner or registered lease holder of land in the City of Vancouver and such certificate shall set out the de- scription of the land and the registered encumbrances and charges against the same, and shall also deliver to the Return- ing Officer a certificpte signed by the Treasurer of the city setting out the assessed value on the last assessment roll of the city of the land described in the Registrar's certificate afore- said. New Elections I'lTtvidcd I'o' .and Mode of Conduct- i iK Same. 16. In any case provided for by the next preceding sec- tion of this Act, or in case a person elected to the Council neglects or refuses to accept the office within six weeks after the time he should assume office, or to make the necessary declaration of office, or in case a vacancy occur in the Council causea by death, judicial decision or otherwise, the head of the Cfancil for the time being, or in case of his absence or his office being vacant, the Clerk, or in the case of the like absence or vacancy in the office of Clerk, any one of the membei"s of the Council, shall forthwllii, by warrant under the signature of such head of Council, Clerk, or member, . ;id under the cor- porate seal, require the 'Returning Officer appointed to held the last election for the city, or any other person duly ap- pointed to that office, or in case of the death or absence ot such person, then any Deputy Returning Officer at the la>t be the clause Miy, or charged )r upon solvent tors, or •om the eetings or two m such ts niin- acant— at the fficer a at he is in the the de- :es and Return- the city 1 of the ; afore- mg sec- Council iS after scessary Council d of the :e or his absence nbers of gnature the cor- to held uly ap- sence of the la.st m i! M (I) 21 election, to hold a new election to fill the place of the person neglecting or refusing, as aforesaid, or to fill the vacancy. ( 1 ) Every Mayor or Alderman so elected to replace another Term of pmco «»f «-r • 1 p 1 • e Person there- shall remain in office for the remamder of the time for upon Elected, which his predecessor had been elected, and no longer: (2) The Returning Officers and Deputy Returning Officers vviion new Eioc- ^ ^ , , ^ , . ; :; r^ ■, tlonsnallbeHeld shall nold the new election at furthest twenty-five days after receiving the warrant, and the Clerk shall appoint a day and place for the nomination of candidates, and the election shall in respect to notices and other matters be conducted in the same manner as the annual election — 1886, c. 32, sec 20; 1891, c. 72, sec. 11. CONTESTED ELECTIONS: 17. If the election of the Mayor, or of one or more of the .jurisdiction in Aldermen be contested, such contestation shall be decided by tested Elections, any Judge of the Supreme Court of British Columbia, or by any Judge of the County Court having jurisdiction in said City of Vancouver, in Chambers, and the decision of said Judge shall be final. ( 1 ) Every such election may be contested by any unsuccess- who may Con- ful candidiii:^, or by any ten electors qualified to vote at ^^^^ such election: (2) The said contestation shall be brought before the Judge Petition to be in Chambers, by petition, signed by the petitioner or petitioners, setting forth in a clear manner the grounds of such contevStation : (3) If a Judge is of opinion that the grounds set forth in Evidonco in Sup. . . * *^ port ol Petition the petition are sufficient in law to avoid the election, "lay ix* ordciod. he shall order proof to be adduced, and the parties in- terested to be heard on the nearest day which he deems expedient, and shall proceed in a summary 'manner to hear and try the said contestation. The evidence shall be given in the same manner as evidence in any ordi- nary civil cause, and if the trial of such contestation is not concluded at th*^ close of the sitting at which it be- gan, the Judge may continue the same from da> o day until he has pronounced his final judgment upon the I pi:' mi 1,! MM Petition and No- tices to be Served on Person whose Elecllon is Ol>- jected to. Powers of Judge at Trial. Costs. 22 merits of the same; and every such judgment pro- nounced, and all proceedings had in any such case, shall have the same effect as if the same had been pro- nounced or had in open court: (4) A true copy of the petition, with a notice stating the day on which the petition will be presented to the Judge, shall be first duly .served upon the Mayor or Alderman whose election is contested at least eight day.s before the day on which the petition is presented to said Judge, and a return, of the service shall be drawn up and signed in due form upon the original of the petition by the person who made the service; but no such petition .shall be received after one month after the election thereby contested; nor .shall any such petition be received unless .security for costs, I to be approved by .said Judge, .shall be given by said petitioner or petitioners: (5) The Judge may on such contestation confirm the elec- tion, or declare the same to be null and void, or declare another person to have been duly elected, and may in any of such cases award co.sts to or against any party, which co.sts shall be taxed and allowed in the Supreme Court of the Province, and shall be recoverable by exe- cution i.ssued out of the .said Court by order of .said Judge: Immaterial IrreKuIaritics,&c (6) If any defect or irregularities in the formalities pre- scribed for the election are .set forth in .such petition as a ground of contestation, the judge may admit or re- ject the objections according as such defsct or irregu- ularity may or may not have materially affected the election: Proceedings to Carry .Tudg-ment into I'ffect by New Election or Otlierwise. (7) In case the election complained of be adjudged invalid the Judge shall forthwith by writ cauje the per.son found not to have been elected to be removed, and in case the Judge determines that any other per.son was duly elected, the Judge .shall forthwith order a writ to issue causing such other per.son to be admitted to such office; and in case the Judge determines that no other person was duly elected instead of the person removed it pro- 1 case, en pro- ing the to the ayor or ht days ited to shall m the ide the ter one or shall )r costs, by said he elec- declare may in party, supreme by exe- of said les pre- tition as t or re- • irregu- cted the invalid person , and in son was L writ to to such no other emovc'd tl CI ti t( (8) Ii C ai fc si th C( c. i8. nipt prac (i) K^ by to va to or so or at an po af re ui (2) E^ pe pr in to M of vo 23 the Judge shall, by a writ addressed to the City Clerk, cause a new election to be held and the same formali- ties shall be observed at such election as are required to be observed at every general election under this Act: (8) In case the election of all or any of the members of the Powers of oierk ^ . . , . . on Kuceipt of Council be adjudged invalid, the writ for their removal Writ to Uemove ,,,,.- , . , . , Persons IlloKftUy and for the election of new members ni their place, or Elected and for *^ Now Election. for the admivssion of others adjudged legally elected, shall be directed to the City Clerk, who shall have all the powers for causing an election to be held which the Council has in order to supply vacancies therein — 1886, c. 32, sec. 21; 1891, c. 72, sec. 12 and 13. CORRUPT PRACTICES. 18. The following persons shall be deemed guilty of cor- ^'e^*'" P^''^*'ns Guilty of Cor- rupt Practices. rupt practices and shall be punished accordingly: (i) Kvery person who, directly or indirectly, by himself or ^'^"«f Moi; -'to by any other person on his behalf, gives, lends or agrees to fifive or lend, or offers, or promises any money or Procuring valuable consideration, or gives or procures, or agrees to give or procure, or offers or promises any office, place or employment to or for any voter, or to or for any per- son on behalf of any voter, or to or for any person in order to induce any elector to vote or refrain from voting at a municipal election, or upon any by-law for raising any money or creating a debt upon the city for any pur- poses whatsoever, or who corruptly does any act as aforesaid on account of such voter having voted or refrained from voting at any such municipal election or upon any such by-law: Oflace. oters. (2) Every person who directly by himself or by any other f^'/uencf'^"""^ person on his behalf, makes any gift, loan or offer. Voters promise or agreeuient as aforesaid, to or for any penson, in order to induce such person to procure or endeavor to procure the return of any person to serve in, any Municipal Council, or tp procure or prevent the passing of any such by-law as aforesaid, or the vote of any voter at any municipal for or against such by-law: wn Corruptly Influ- encing' Vuters. (3) Every person who by reason of any such gift, loan, offer, promise or agreement, procures or engages, prom- ises or endeavours to procure the return of any per- son in any municipal election, or to procure or prevent the passing of any such by-law as aforesaid, or the vote of any voter at any municipal election for or against such by-law: AdvuncinK. Sm., Mdnoy for Bribery. &c. (4) / Receiving'' Money Ac., after tlie Election, for Voting, &c. Voter Kecelving- Money, &c., fok* . Vote, or Aktoo- inp- for Money to Vote, &c. Persons Using Violence or In- tlmidution to be Guilty of Undue Intiuence. Every person who advances or pays, or causes to be paid any money to or to the use of any other person, with the intention that such money or any part thereof shall be expended in bribery at any municipal election as aforesaid, or who knowingly pays, or causes to be paid, any money to any person in discharge or repay- ment of any money wholly or in part expended in bribery at any such election, or at the voting upon any such by-law : >/ (5) Every voter who, before or during any municipal elec- tion, or the voting on any such by-law, directly or in- directly, by himself or any other person, on his behalf, receives, agrees or contracts for any money, gift, loan, or valuable consideration, office, place of employment for himself or any other person, for voting or agreeing to vote, or refraining, or agreeing to refrain, from any voting at any such election or upon any such by-law : (6) Every person who after any such election, or the voting upon any such by-law, directly or indirectly, by him- self or any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting, at any such election or upon any such by-law : . (7) Every person who directly or indirectly, by himself or by any other person on his behalf, makes use of any force, violence, or restraint, or inflicts, or threatens the infliction, by himself or by or through any other person, of any injury, damage, or loss, or in any manner prac- tices intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at an election, or who in any loan, prom- ^ per- reveiit e vott' gainst to be erson, hereof ection to be repay- led in n any I elec- or in- )ehalf, , loan, yment reeing m any aw : voting T him- is any if any it any self or 3f any :ns the )erson, prac- order 1 from ted or in any Ih- sec. 25 way prevents or otherwise interferes with the free exercise of the franchise of any voter, shall be deemed to be guilty of undue influence and be subject to the penalty hereinafter mentioned : (8) Every person who corruptly, by himself, or by or with f*'p°5v,,V|"""fe: any person, or by any other ways or means on his •J'','Jn"'^'o|J|*" '^^ behalf, at any time either before or during any election, of Troating. or the voting upon any by-law, directly 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 provisions, to or for any person, in order to be elected, or for being elected, or procuring the election o^ any 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 treating. (9) Every person who, during the voting at an election or paise Persona- upon any by-law, knowingly personates and falsely assumes to vote in the name of another person whose name appears on the voters' list, whether such person be then living or dead, or if the name of such other person be a fictitious person ; every person who having already voted at an election, or upon a by-law, presents himself Votinjr more than again to vote at the same election, or upon the same by-law ; and every person who aids, incites, counsels, or facilitates the commission, by any person whomsoever, of any of the foregoing acts in this sub-section men- tioned — 1886, c. 32, sec. 22. 19. The actual personal expenses of any candidate, his [expenses for actual professional services performed, and bona fide payments for the fair costs of printing and advertising, shall be held to be expenses lawfully incurred, and a payment thereof shall not be a contravention of this Act — 1886, c. 32, Isec. 23. , ^ . Exponsos of CJaiidUlates. 20. Upon the trial of any petition against the election of votos of Persons , ,- \.,, . ^ , , , , Guilty of Corrupt a Mayor or Alderman, or against any by-law voted upon by PracUw^s to b« the ratepayers under this Act, there shall be struck off from li^5903 26 the number of votes given for any candidate, or for or against such by-law, one vote for each person who shall have been proved to have voted after having been guilty of a corrupt practice at the instigation of the candidate, or one of his agents, or of any person acting in the name of or in the inter- est of such candidate, or acting for or against such by-law as the case may be — 1886, 3. 32, sec. 23A. Evldoiic<> of Oor- rupt PriiuMue on Applioatioii III Nuturo of Quo Wttrruiito. &c. 21 Where in an application in the nature of a quo warranto, or upon any such petition, or upon application to quash any by-law, any question is raised as to whether the candidate, or any voter, or other person, has been guilty of any violation of section eighteen of this Act, affidavit evidence shall not be used to prove the offence, but it shall be proved by viva voce evidence taken before any Judge of the Supreme Court, or the Judge of the County Court having jurisdiction in the said City of Vancouver, or by an examination upon an appointment granted by such Judge as in cases pending in any such Court — 1886, c. 32, sec. 24. \ Penalty on ran- 22. Any candidate elected at any iv 'cipal election I Corrupt Hrauti*ec which is contested, being found guilty by Judge of any corrupt practice, undue influence, or treating as aforesaid, shall] forfeit his seat, and shall be ineligible as a candidate at any municipal election for two years thereafter — 1886, c. 32, sec, 25. Additional alties. Fun- ^3. Any person who is adjudged guilty of any of the I offences within the meaning of said section eighteen, shall in- cur a penalty of not less than ten nor more than fifty dollars,! > and shall be disqualified from voting at any municipal election, or upon any by-law for the next succeeding two years, or from being a candidate at any municipal election during said t\vo| years — 1886, c. 32, sec. 26. liii- Recovery of Pen- alties. 24. The penalties imposed by the last preceding section j shall or may be recoverable with full costs of suit by any rate- payer of the city who may sue for the same by action of debtj in an> court having jurisdiction where the offence was com niitted, and any person against whom judgment was rendered] shall be ineligible either as a candidate or municipal voter un- til he has been ordered or adjudged to pay is fully paid and| satisfied — 1886, c. 32, sec. 27. against ve been corrujit of his le inter- ,^-law as a quo ation to ther the fuilty of evidence : proved Supreme isdiction upon an ig in any election | e of any lid, shall! te at any | . 32, «ec, y of the shall in] r dollars,] election, ;, or from said two ig section any rate- )n of debt I was com- , rendered I voter un- paid and! 27 Jud>n- to Make Return. 25. It shall be the duty of the Judge who finds any can- didate guilty of a contravention of section eighteen, or who condemns any person to pay any sum within the meaning of the last preceding section, to eport the case forthwith to the (-loru to Ke«>p City Clerk. The City Clerk shall duly enter, in a book to be Samei'orS;;'?, sous ces, &c. kept for the purpose, the names of all persons who shall have ^""Jy "* ^"^o"- been adjudged guilty of any offence as aforesaid, and of which he shall be notified by the Judge as aforesaid — 1886, c. 32, sec. 27. f-' 26. Any witness shall be bound to attend before any Judge upon being served with the order of such Judge, or a subpoena issued by the Court, directing his attendance, and upon payment of the ner;essary fees for such attendance, in the same manner as if he had been directed by a writ of subpoena in an ordinary cause to attend, and he may be punished for con- tempt, and shall be liable to all the penalties for non-attend- ance as if he had been served with a subpoena in an ordinary cause to attend, and he may be punished for contempt, and shall be liable to all the penalties for non-attendance as if he had been served with a subpoena in an ordinary cause — 1886, c. 32, sec. 29. Attondunco uf Witnesses Witnesses not Excused fnnn 27. No person shall be excused from answering any question put to him in any action, suit or other proceeding, or ^V'*"'*"i'"*f 's'lf before any Judge, touching or concerning any election or the ^1'''"''."^^"" '" voting upon any by-law, or the conduct of any person thereat, or in relation thereto, on the ground of any privilege, or on the ground that the answer to such question wi'l tend to crim- inate such person; but no person claiming to be excused on the ground of privilege, or on the ground that such answer will sub- ject him to aiiv penalty under this Act, shall be used in any Hioviw.. proceeding under this Act against any such person, if the Judge gives to such witness a certificate that he claimed the right to be excused on either of the grounds aforCvSaid, and made full and true answer to the satisfaction of the Judge — 1886, c. 32, sec. 30. ASSESSMENTS. 28. The Council shall appoint an Assessment Commis- sioner, and when necessary one or more assistants, all of whom Asse.sment. shall be called Assessors, and they shall constitute a Board; Oommlssionor iand Assessors be Appointed. to i; AssoBsor to be Under the Oon- trol, Ac, of Oommissioner. ^/- Oouncil to Pro- vide Him with Assessment Roll. All Rateable Property to Im; Valued. w t'-' w fit ■; ' ■ !';',[/■ », > 11 Rateable Prop- erty to be Esti- mated at its Ac- tual Gash Value. and the salaries to be paid to the vSaid assistants shall be lixed by the Council at such rate per month for each of them, dur- ing the time they are employed, as the Council may think right; and the salary to be paid and duties to be performed by the said Assessment Commissioner, who shall be a perma- nent officer of the city, shall also be fixed by the Council, and the Assessment Commissioners shall be subject to the direc- tions of the Council in the matter of assessments, and the mode of assessing land as distinct from the improvements thereon — 1886, c. 32, sec 31; 1891, c. '/2, sec. 14. 29. The assistant or assistants of the Assessment Com- missioner, after his or their appointment by the Council, shall be under the control and supervision of the Assessment Com- missioner, who shall have the right, irrespective of the Coun- cil, to suspend any assistant disobeying orders or otherwise, in his opinion, violating the duties of his office, pending the action of the Council, and during which period his salary and wages shall cease; and the said Assessment Commissioner may also, during such suspension of any assistant pending the ac- tion of Council, employ another to fill his place — 1886, c. 32, sec. 32. 30. The Council shall, on or before the first day of Oc- tober in each year, furnish the AssevSsor or Assessors appointed with a printed or ruled form of an assessment roll, in conform- ity with Schedule A of this Act, or in such other form as the Council shall direct, in which, after enquiry, he or they shall set down all the information therein required to be contained, and also with a sufficient number of l)lank forms to proceed with and conclude the assessment — 1886, c. 32, sec. 33; 1887, c. 37, sec. 10; 1891, c. 72, sec. 15. ^ 31. It shall be the duty of the Assessor or As.sessors annually to make a valuation of all the rateable property in the city, and to report the same with such particulars as the Council may require — 1886, c. 32, sec. 34. ^ 32. All rateable property, both real and personal, shall be estimated at its actual cash value as it would be apprai.sed in payment of a just debt from a solvent debtor, the value of the improvements, if any, being estimated separately from the value of the land oi: which they are situate — 189 1, c. 72, sec. 16. { i Utwisinn of the ValualiuiiH. ABROssniflnt Rollj; to he Made Out. >! Notice of AsseMB-i] mont to bo De> ^' llvered to Per- sona Assessed. 29 33. It shall be the duty of the said Assessor or A,ssessors to revise the valuations made by each assessor, if more than one Assessor be appointed, and to see that all rateable property in the city is assessed, and to make out an assessment roll in such form as the Council may direct; and when such assess- ment roll is completed it shall be the duty of such Assessor or Assessors to deliver, or cause to be delivered, at least fifteen days before the first sitting of the Court of Revision, to each person so assessed who resides within the city, either person- ally or by leaving the same at their residence or place of busi- ness, or by posting sams addressed to such person at Van- couver City, a notice containing a copy of so much of the assessment roll as refers to the property of such person, and 10 mail to the address of any non-resident who is rated upon such roll a like notice, provided such person has by writing requested to be assessed, and in all other cases proprietors shall be assessed as non-residents, and no notice shall be re- quired. ' . , . ( I ) It shall be the duty of such Assessor or Assessors, if Whon Assess- , ,.,,. ,, mont Roll to bo more than one be appointed, to begin to make the as- completed, sessment, not later than the first day of November in each year, for the year following, and to return the as- sessment roll not later than the thirty-first day of De- cember in each year, and he or they shall attach thereto a certificate signed by him, or each of thera (if more than one Assessor), and verified upon oath or affirma- tion before the Mayor, Police Magistrate of the city, a Judge of the Supreme Court or of the County Court, or before any Justice of the Peace having jurisdiction in the City, and such oath or affirmation shall be in the form following or to the like effect — 1886, c. 32, sec. 35; 1889, c. 40, sec. 8; 1891, c. 72, sec. 17. "I for wel do solemnly certify (each for himself and for Oeptuicato At- *- -• •. tiiuliud to ttoll. each other), as far as my [or our] knowledge extends, that I [or we] have set down in the above assessment roll all the real property liable to taxation situated within the . ward of the City of Vancouver, and the true and lawful value thereof, according to the best of my [or our] information and judgment, and also that the said assessment roll contains a statement of the aggregate amount of the personal property of every 30 perso!! named in the said roll, and that I [or we] have estimated the same according to the best of my [or our] judgment, information and belief, and I [or we] certify that I [or we] have entered thereon the names of all the resident householders, tenants, and freehold- ers, and of all other persons entitled to be assessed who have required their names to be entered thereon, with the true amount of property occupied or owned by each, and that I [or we] have not entered the name of any / .■ person whom I [or we] do not truly believe to be a / householder, tenant, or freeholder, or the bona fide oc- , cupant or owner of the property, and that the date of ■{• delivering or transmitting the notice required herein is in every case truly and correctly stated in said roll; and I [or we] further certify and swear [or affirm, as the case may be] that I [or we] have not entered the name of any person in order to give such person a vote, or at too low a rate in order to deprive such a person of a vote, or for any other reason whatsoever, and that the amount for which each person is assessed upon the said roll truly and correctly appears in the said notice, de- livered or transmitted to him as aforesaid, and that I [or we] have truly set down upon the saia roll the num- ber of horses, cattle, sheep andpigs, in the possession of each person assessed, as stated to me [or u.s] by the persons so assessed. So help me God. ' ' Asssessor to Outher aU N<;l'os- sary Information (2) It shall be the duty of such Assessor or Assessors, in addition to other duties imposed upon them, to collect such other information as is required by any Act of the Legislature of this Province, or by any order in Coun- cil passed thereunder: Real Estate of Railway Oom- paiiies, &c. (3) The real estate of all railway companies shall be con- sidered as land of residents, although the company has not an office in the city, except in cases where a com- pany ceases to exercise its corporate powers through in- solvency or other cause: Inspection of AssessnuMit ItoU. (4) It shall be the duty of the City Clerk, on the return of the a.ssessinent roll, to give notice when and where the ' same may be inspected, said notice to be given at least thirty days before the Court of Revision, which notice have ' [or r we] lames hold- [ who with each, : any be a le oc- ateof ein is .; and IS the name or at 1 of a it the e said e, de- that I num- ession )y the )rs, m :ollect of the Coiin- i con- ly has 1 com- gh in- urn of ire the t least notice PW 3' shall be published in a newspaper i'l the city, and shall also state the time and place at which said Conrt of Revision shall hold its first meeting — iS86, c. 32, sec. 35. ';4. It shall be the duty of every person assessable in the I'arUcniiirs iu>- ^'^ ■' •' i HiMH;tiii>,' Ileal city to srive all necessary information to the Assessor or Asses- popeiiy to iw . DolivertMl to sors, and if required by one or more of the Assessors he shall {^,''1«'T'^'* '".. ' ^ -^ VVri(li»>r by the deliver to him or them a statement in writing signed by such I'aniesU) Us '^ '^ •' Assessed. person or his agent, if the j^erson himself be absent, contain- ing all the particulars respecting the property assessable against .such person wliich are retjuired in the assessment roll. It .shall be the duty of the Regi.strar of the Land Registry Office of the district in which .said city is situated, when so re- quired by the As.sessors, to allow him or them access, free of charge, at all rea.sonable times, to the books containing the records of city property, for the purpo.se of perfecting such as.sessment — 1886, c. 32, sec. 36. 35. In case any person fails to deliver to the Asse.s.sor or jvmiity for not i Assessors the written statement mentioned in the preceding ' ^ ^ i section, when required so to do, such person shall, upon con- viction before the Mayor or Police Magistrate, or any Ju.stice of the Peace having jurisdiction in the city, forfeit to the Cor- poration a sum not exceeding fifty dollars and costs, to be re- covered by di.stre.ss and sale of goods and chattels of the offender, in like manner as if convicted of the breach of any by-law of the city — 1886, c. 32, sec. 37. 36. No AvSsessor or Asse.s.sors shall be bound by any such Huiu>ments given statement if he or they has or have any reason to doubt its RhMiitiK ot/'aV accuracy, nor shall he or they be excu.sed on account thereof ^'^''*'*'^- from making inquiry to a.scertain its correctness, and he or they shall discriminate as to property mentioned therein which is legally a.ssessable or otherwi.se, and may assess such per.son for such real and personal property, as he or they believes or believe to be jjUst and correct, and may omit his name or any property which he claims to own or occupy if the As.ses.sor or Asses.sors has or have reason to believe that he is not entitled to be placed on the roll or to be assessed for such property — 1886, c. 32, sec. 38. (37) Unoccupied lands shall be denominated "Lands of Non-Residents" unless the owner thereof has a legal domicile IFn«K'CHpl» u»llu(l"|j»n(lsol' Noh-HttMlduiitH," 32 or place of business in the city or gives notice in writing set- ting forth his full name, place of residence and post-office ad dress to the Clerk of the City on or before the thirtieth day of October in each year, that he owns such land, describing it, and requires his name to be entered on the Assessment Roll therefor, and the City Clerk shall on or before the first day of November in each year make up and deliver to the Assessor or Assessors a list of the persons requiring their names to be en- tered on the roll and the lands owned by them. When Ownor Un- knuwii. ( I ) All property, the name of the owners of which shall not be ascertained by the Assessor or Assessors, shall be entered on the assessment roll as ' ' Non-Resident Prop- erty:" Whon rjuiid t«> Ih) Assessed in Owner's Numo. ( 2 ) lyands occupied by the owner shall be assessed in his or .• her name: ..1 When Lund not Occupied by the Owner, but Owner Is Known. C.-^) As to lands not occupied by the owner but of which the owner is known and who at the time of the assessment being made resides or has a legal domicile or place of business in the city, or who has signified by writing to the City Clerk; as herein provided, that he owns the land and requires to be assessed therefor, the same shall be assessed against such owner alone if the land is un- occupied, or against such owner and occupant when occupied — 1886, c. 32, sec. 39. All Taxes to bo Levied Equally upon the Uutoa- ble Pri porty, when no otner Provision Made. 38. All municipal rates or taxes shall when no other provisions have been made in this respect be levied equally on the whole rateable property, real and personal, of the city ac- cording to the assessed value of such property and not upon any one or more kinds of property in particular or in different proportions. ^ Council may Exempt, iM, 39. The Council may by by-law exempt from taxation, wholly or in part, any improvements, erections and buildings erected on any land within the city, notwithstanding that they may be part of the real estate — 1891, c. 72, sec. 18. w ^m r/ (I) >>' i^ ir u .. (I t 33 Ii:XEMPTlONS. 40. All land and personal property in the city shall be liable to taxation subject to the following exemptions, that is to say ; — ■ ' * , ( • (i) All property vested in or held by Her Majesty, or ; vested in any public bouy oi body corporate, officer or pel son in trust for Her Majesty or for the public use of the Province, and also all property vested in or held by , Her Majesty or any other person or body corporate in trust for or for the use of any tribe or body of Indians, and either unoccupied or occupied by some person in an official capacity: WImt PropjBfty Liablu tuTKXM- tluii, All Property belonKliiK tu Her MaJoMty. luci'iun LanclH Unocoupiud or Occupied Offlul- »iiy. (2) When any property mentioned in the preceding clause pi^d oificiany'"" is occupied by any person otherwise than in an official capacity, the occupant shall be assessed in respect thereof, but the property itself shall not be liable: (3) The buildings and grounds of and attached to and the Sonaf lifst^tu- furniture, library and educational appliances belonging i[,"g"fj 'tos'***'""' to every university, college, high school, public free library, mechanics' institute, the lands of any agricul- tural or horticultural society, or any incorporated • seminary of learning, whether vested in trustees or • otherwise, so long as such buildings and grounds are actually used and occupied by such institution, or if unoccupied, but not if otherwise used or occupied : (4) Every public school-house, city hall, court-house, gaol, *^'*y HaU, &c. house of correction, lock-up house, and public hospital, or incorporated charitable institution, with the lands attached thereto and the personal property belonging to each of them and used in connection therewith : (5) Every public road, street way, square or block : Public Roids. &o. (6) The property belonging to the city, whether occupied 5J".ty"'***^ '*''^' for the purposes thereof or unoccupied, but not when occupied by any person as a tenant or lessee or otherwise than as a servant or officer of the city for the purposes of said city: / > 1% 34 Household EffectH, Books. Penitentiary, &c. Poor-liouseu, i.e. Militia Horses. Formal Defects lu Roll. Assessment Roll, to be Revised Annually. Notioe of Oomplaiut. Hearing Same, (7) HoiLsehold effects of whatever kind, books and wearing apparel : (8) Any penitentiary, prison, or reformatory, and the land attached thiireto, belonging to the Province. (9) Every poor house, alms-house, orphan asylum, house of industry, and lunatic asylum, and every house belonging to a company for the reformation of offenders, and the real and personal property belonging to or connected with the same, and us*»d in connection there- with: ( 10) Even/ horse regularly enlisted for duty in any corps of the active militia of Canada — 1886, c. 32, sec. 41; 1891, c. 72, sec. 19. . . MISCELLANEOUS PROVISIONS. 41. No assCvSsment shall be invalid by reason of omission of assessable property therefrom, or of any defect in form, or because of the non-return of the roll at the time specified- - 1886, c, 32, sec. 43- . Court of Revision. 42. The assessment roll of the city shall be annually revised and corrected by the Council thereof at a Court of Revision ; and the person or persons 'o assessed, or not assessed, if he or they complain of their "ssessment or nou- assessment, or of the assessment or non assessment of any other person, shall, at lea.st seven days previous to the first meeting of the Court of Revision, notify the Clerk of his or their ground of complaint, and the Council shall, at the t'.iie and jjiace mentioned in the notice referred to in .section thirty- five, .sub-section four, of the Act of 1886, form themselves into a Court of Revision, to be composed of not less than four members of the Council, for hearing such complaints, and after hearing the parties complaining, as well as the Assessor or Asses.sors, and such evidence as may be adduced, the said Corirt of Revi.sion may confirm or al<^2r, raise or lower, the assessment, and amend the roll accordingly ; and every such decision shall be considered as final, except the same is further amended on appeal as hereinaUcr provided — 1886, c. 32, sec. 44; 1887, c. 37, sec. II. wir^ W (i) At the Court of Revision the complainant, witnesses, or Quorum. Assessors shall give evidence under oath. Four meri- bers of the Council shall be a quorum of the Court, j^j Administ r Any member thereof may administer the oath to any oaths, party giving evidence thereat ; and the Clerk of the Council shall be the Clerk of the Court, unless the Court otherwise determines : ^ Who to bo Clerk. (2) The Roll, as finally passed by the Court of Revision, fJ,""no°^th-"**" and certified by the Clerk as passed, shall, except in so ?*"•»***"». ^"0" -' r » I r- In It, or in Notice far as the same may be further amended on appeal as sent to Persons ■' ^^ Assessed. hereinafter provided, be valid, and bind all parties concerned, notwithstanding any error or defect com- mitted in or with regard to such roll, or any defect, error, or mis-statement in the notice required by section / ^^ thirty-five, sub-section 4, of the Act of 1886, or omis- sion to deliver or transmit such notice. 43. If a person be dissatisfied with the decision of the omrrt'o/itevision Court of Revision he may appeal therefrom, in which case — (i) He shall within one week after the decision, in person ^f''^p*'°i Notice or by attorney, serve upon the Clerk of the city a written notice of his intention to appeal to the Judge, or acting County Court Judge having jurisdiction within said city, or to such other person as the Lieutenant- Governor in Council may appoint — 1886, c. 32, sec. 44a; 1887, c. 37, sec. 12. . (2) The Judge .shall appoint a day for hearing the appeal. Day 'or Hearing, notice of which shall be given by the Clerk : (3) The Judge shall hear the appeal and evidence adduced Ht»arinjraiid upon oath at the time and place appointed, in a summary ' iournnien . manner, and may adjourn the hearing from time to time and defer judgement therein at pleasure : (4) The City Clerk .shall on any appeal from the decision of Assessment Roll .y r\ r -w^ ' • 11 <• , to be produced to the Court of Revision produce before the Judge, at the the court. time and place appointed for hearing the appeal, the assessment roll and all papers and documents in his possession in any way affecting the matter : ■f^ Oostfi to be Awarded by the Judffe, and how Enforced. Yearly Rate to \)& Levied by By-Law. ./ ./ Rate not to Exceed 1!4 per cent. Olerk to Make Out Tax Rolls; thtir Form, Oonteuts, &c. (5) The costs of such appeal shall be in the discretion of the presiding Judge, who shall fix the amount thereof and order by whom and to whom the same shall be paid, and the payment thereof may be enforced by execution issued out of the .said County Court upon an „, order of .said Judge — 1886, c. 32, sec. 64a. v. ,>^ LEVYING RATE. 44. The Council of the city .shall, in each and every year after the final revi.sion of the asses.sment roll, pass a by-law for levying a rate or rates on all the real and personal property on the said roll to provide for all the necessary expenses of the city, as well as the payment of every such sum, or sums, as the city shall have undertaken to be liable for during the current year, in respect of any debenture or other debt or obligation, and also such other sum or sums of money as may be found expedient ; provided always, that the rate to be levied in any year, in addition to what is required for payment of interest on outstanding debentures, and the amount required for a sinking fund therefor, and for school purposes (if any), shall not exceed the sum of one and one-third cents on the dollar — 1886, c. 32, sec. 45. i COLLECTION OF RATES. 45. Upon and forthwith after the said final revision of the assessment roll, and the passage of such by-law, the Clerk of the city shall make out a tax roll or rolls in which he shall enter all the land and taxable property in said city, which shall contain columns for all the information required by this Act, or otherwi.se, to be entered therein. The .said roll shall be in three parts, and in the first part, which may be called the " resident roll," he shall vSet 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 asses.sed value therein of each respective person he shall set down, in .separate columns, ii^ided with the name or object of each rate, or otherwi.se, 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 purposes for which a levy is required to be made in the city ; and every stion of thereof shall be reed by upon an ;ry year ■law for >erty on > of the urns, as ing the debt or as may ; to be ayment equired f any), on the ision of e Clerk le shall , which by this 11 shall i called ranged, .ssessed d after ite the hall set 3ject of iniount :tively, paid by nrposes i every rate, the imposing shall be second p shall set . , _ names hi with the after sai( parcel, a in the sa ' ' residen nunieria S. I — 1886, ( 46. shall be any land set dowi resident 1 and these furnished the City I books or ( j as being ] in said ro Icorrectnei I Court of ; 47. I given to i I collection 48. I [serve iipo; land dema: [said resid( jif he kno\ [the non-re lor his age to the per: |statement taxes are i t)e allowe( 37 rate, the proceeds of which are required by law, or the by-law imposing it, to be kept distinct, or accounted for separately, , t 1 t t t t » 1 • « Rolls of Laridn shall be so entered and calculated separately. And in the ofNon-Residonts , 1 • 1 1 «< 1 1 <. ' • 1 erson who pays the taxes, provided that no more than two dollars shall he charged for any statement— J 886, c. 32, .sec. 56. r as he . remain me, he, 1 assess- »on why s " non- the case chattels, , having ; of any ation to istrar of expira- shall be r a dis- ;he taxes s of the :ion 53 revious but if and on ive the of the ie with I which nish to of the d land ; ■nishing lots or iiial ten ;arch or that no sment— . 1 - ■' i"f !j'r'" T " i'^ K' III' m t 1 m' mn LJ If ,1 s f .;, ■ . .• 43 - . be Hold for Th xes. Arrears due for One Year to be levied by War- rant of Mayor to Treasurer, When Treasurer sells Land, the Fee of which is inlCrown.heshalt only sell the Interest the Crown has parted with. Olerk to maltn List of Voters. Form of Vt»tor*' List. -^4 Real Property to be named in tne List. Provision wiion : Property partiy [ill In one ward and Ipartlyinanotlier. Wlien Assess- ment Roll to be regarded as finally revised. !' Notice to be publlslied when Voters' List jompleted. B^> 63. If the qualification of any .such penson is in respect of real property, the Clerk shall, opposite the name of the person, insert in the proper column of the voters' list the number of the lot, or other proper description of the real property in respect of which such person is qualified — 1886, c. 32, .sec. 86. 64. Whenever it appears by the a.ssessment roll that any person is asses.sed for property within the city sufficient to entitle him or her to vote, but that it lies partly within the limits of one ward and partly within another or others, the Clerk shall enter his or her name on the list of voters in each and every ward in which any part of such property is .situated with the following words added : "See Ward No. ." And such per.son shall be entitled to vote in any of, but not in more than one of, such wards — 1886, c. 32, sec. 87. 65. An assessment roll shall be understood to be finally revi.sed and corrected when it has been so revi.sed and correct- ed by the Court of Revision for the city, or by the Judge on appeal, as provided in the a.s.sessment clauses of this Act. 66. Immediately after the Clerk has made the said alphabetical list, and within s^'xty days after the final revision and correction of the assessment roll, the Clerk of the city .shall give immediate public notice, either by printed posters or by advertisement once a week for four weeks in not less than one newspaper published in the city, that the .said list has been completed, and that the same shall be kept in his office until the first of September following, for the examination by all concerned ; and any person who shall claim to be added to the said voters' list, or any elector who shall desire to have any name erased therefrom, shall prefer his or her request in writing, signed with his or her name, .stating the ward to which he or she belongs, and shall deliver, or cause the same to be delivered, to the City Clerk, within the time herein- before .specified — 1886, c. 32 ; 1889, c. 40, sec. 10. Revision of List. 67. The .said list of voters shall be subject to revision by any Judge , c. 32, )e liable on his by the ods and g juris- rein the Lount at thereof. pven ni to vote, )m him, i in the for the nake an ble, and sed, and ■iiamiwii i^m m the land or other property in respect ot which the liability exists; and such order shall be transmitted to the Clerk of the city, and shall have the same effect as if the said particulars had been inserted in the roll; and the said order for the .iu»i»n«'MoriU>r. assessment of persons omitted from roll may be accordinj? to the form given in Schedule A of this Act — 1886, c. 32, sec. 112; 1890, c. 68, sec, 2. 90. The times appointed for the performance by the K*iiui'»>of (;u>rk Clerk of the City of the duties required by him by this Act, iVuVu.'ifml" to shall be directory only to the said Clerk; and the non-jjer- vmti«.^Li«t. formance by him of any of the said duties within the times appointed, shall not render null, void, or inoperative any of the lists in this Act mentioned — 1886, c. 32, sec. 113. 91. In case the Clerk of the City fails to perform any i»r«»vij»i»niituia«' of the duties aforesaid, any voter may forthwith apply sum- '' * " " • marily to a Judge of the Supreme Court, or the County Judge, or acting Judge of the County Court having jurisdiction in the City of Vancouver, to enforce the performance of the same. The application to a Judge against a delinquent Clerk may be according to the form given in Schedule A of this Act — 1886, c, 32, sec, 114. , . . ,,, , , , . 92. The application may also be made by any person entitled to be named as an elector on the list in respect of which the application is made — 1886, c. 32, sec, 115, Kails to INtrfom l)iiti«>s. f I Klooioi' limy Apply. 93. The Judge .shall on such application, by sunnnons given under his hand, which may be according to the form given in Schedule A of this Act, require the Clerk of the City, and any other person he sees fit, to appear before him and pro- duce the assessment roll, and any documents relating thereto or to the list in respect of which the application is made, and to submit to such examination on oath as may be required of him or them, and the Judge shall thereupon make such orders and give such directions as he niay deem necessary or proper for the purpose aforesaid — 1836, o, 32, .sec, 116., 94. If the Clerk or the City om;ts, neglects, or refuses to complete the voters' lists, or to perform any of the duties hereinbefore required ot him by the voteis' li.sts clanst^s of this Act, such Clerk, for each omission, neglect, or refusal, shall incur a penalty not exceeding two hundred dollars — 1886, c. 32, sec. 117. .Iu(lfn< may Uc- nulro dlork or OtluT Ptsrson t.«» Ap|M>ur and Siib- iiih to Kxaiiilnu- I'onalty on VAvrk for Ni'^Un't. &i'. •7^ &t Olerk, &o., Wil- fully PttlHlfyinflr Lists to Incur a Penalty. Colourablo Transfer of Propter ty in Order t<» Confer Vote. Recovery of Penalties. Assessor to malce Enquiries Ijoforo AssessiuK Per- sons claiminflT to be Assessed. tv, sessor for Wronj?- fully Assessing^ or Oniittintr to Assess. 95. If the Clerk of the City, or any other person, wil- fully makes any alteration, omission, or in.sertion, or in any way wilfully falsifies any such certified list or copy, or permits the same to be done, every such person shall incur and be liable to a penalty not exceeding two thousand dollars, or to be imprisoned in the common gaol of the district in which the city is situated for a period not exceeding six months, in the discretion of the Court — 1886, c. 32, sec. 118. 96. No person shall wilfully or improperly make, exe- cute, accept, or become a party to any lease, deed, or other instrument, or become a party to any verbal agreement, whereby a colourable interest in any house, land, or tenement is conferred, in order to qualify any person to vote at an elec- tion; and any person wilfully or improperly violating the provisions of this section, besides being liable to any other penalty prescribed iv 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 this section, shall incur a like penalty — 1886, c. 32, sec. 119. \ 97. The penalties mentioned in the three next preceding sections, may be recoverable, with costs of suit, by any person suing for the same in any Court of competent jurisdiction in the Province — 1886, c. 32, sec. 120. ■ * 98. To prevent the creation of false votes where any person claims to be assessed, or claims that any other per.son should be assessed, as owner or occupant of any parcel of land, and the Assessor has reason to suspect that the person so claiming, or for whom the claim is made, has not a just right to be assessed, it shall be the duty of the Assessor to make reasonable enquiries before assessing such person — 1886, c. 32, sec. 121. 99. Any Assessor who wilfully and improperly inserts any name in.thfc'-assefisment roil, or assesses any person at too high an amotjnt,, 'with intent in either case to give any person not entitled thereto an apparent right of voting at any election, or who wilfully insfeTts any fictitious name in the assessment roll, or who wilfully dnd improperly omits any name from the assessment roll, or assesses any person at too low an amount, with intent in either case to deprive any person of his right to vote, shall, upon conviction thereof before a Court of couipe- m, wil- in any permits and be i, or to lich the , in the te, exe- )r other reement, enement an elec- ;ing the ly other of one mpts to n, shall receding y person Iction in tiere any ;r person of land, erson so ust right to make J6, c. 32, y inserts on at too ly person election, sessment from the amount, ; right to f conipe- ■« f 5; r X'' lent juriscl dollars, an )risonnien )eriod iiol :ourt— 18 100. evised aiK n each ye; lOI. he Count :ouver, m )urpose of voters' the same € [886, c. 32 102. enant (T. )rovisions )iirposes o ilso mean )e so ente: 886, c. 32 103. his Act, t ised, and ively be d Vet— 1886 By La\a I 104. f electors r feme sol the amo lerty on t ight, or ii •erson so ( '3. sec. 6. 53 ent jurisdiction, be liable to a fine not exceeding two hnndred ollars, and to imprisonment until the fine is paid, or to im- risonnient in the common gaol of the county or district for a )eriod not exceeding six months, in the discretion of the :ourt— 1886, c. 32, sec. 122. , " . . 100. The said voters' lists shall in all cases be finally Ustn u> bo f'.m- iilly UuviNod by evised and corrected on or before the first day of November i^t November, n each year — 1886, c. 32, sec. 123. • loi. Any Judge of the Supreme Court, or the Judge of .tu«|»,'o may make he County Court having jurisdiction in the City of Van- »uver, may frame rules and forms of procedure for the iirpose of better carrying the provisions of this Act in respect voters' lists into effect ; and such rules and forms shall have the same effect and force as if they formed part of this Act — 886, c. 32, sec. 124. 102. The words householder (H), freeholder (F), and ffl.'l^..'- JJ^;";';;; enant (T), appearing on the assessment roll pursuant to the KnlU'edVrrList )rovisions of the assessment clauses of this Act shall, for the nirposes of said provisions relating to voters' lists, be held to Iso mean respectively occupant (Oc) or tenant (T), and shall )e so entered in the voters' list by the Clerk of the City — 886, c. 32, sec. 125. 103. In carrying into effect the voters' list provisions of }i?isTet mayU' [his Act, the forms given in Schedule A of this Act may be '■'^•'''• ised, and the same, or forms to the like effect, shall respec- [ively be deemed sufficient for the purposes mentioned in this ^ct— 1886, c. 32, sec. 126. By Laws Requiring the Assent of the Electors. 104. The right of votnig on by-laws requinng the assent wiu. may V(it« ir , , „, , , <• „ • , . , (m By-Laws Ke- >i electors shall belong to the following persons, being males, uuirfuR Assontof [r feme soles of the full age of twenty-one years, being rated the amount of three hundred dollars as owners of real pro- srty o'\ the last revised assessment roll, held in their own [ight, or in case of males in the right of their wives, and each erson so qualified shall be entitled to one vote only — 1893, c- 13. sec. 6. i-:|^: Olerk to Prepare List of V«)ters after second Ueading. If a By-Law llc- (lUirostliK Assent of the Electors, Modeof Obtalri- InfT same. Time and Place of Voting' to 1x3 Klxed by By-Law By-Law lleciulr- hiK Assent t>f Electors to bo Published. Notice or By-law PolIihK'. &c. Poll. 54 ( 1 ) After a by-law requiring the assent of the electors has passed its second reading, and before the date of the submission of the same to the electors, the City Clerk shall prepare a list of the persons who are entitled to vote on the proposed by-law in accordance with the preceding section : (2) In case a by-law requires the assent of the electors of the city before the final pas.sing thereof, the following proceedings shall be taken for ascertaining such assent, except in cases otherwise provided for : (3) The Council shall by a by-law fix the day, hour and places for taking the votes of the electors on the by-law to be submitted to them, at the places at which the election of the members of the Council is held, or such other places as may be designated in such by-law ; and shall also name Returning Officers to take the votes at such places, and such day shall not be less than three nor more than five weeks after the first publication of the proposed by-law as herein provided for : (4) The Council shall, at least once a week for a month before the final passing of the proposed by-law, publish a copy thereof in some newspaper or newspapers pub- lished in the city : (5) Appended to each copy so published shall be a notice, signed by the Clerk of the Council, stating that such a copy is a true copy of the proposed by-law which will be taken into consideration by the Council after one month from the first publication in the newspaper, stating the date of the first publication in the news- paper, and naming the hour, day and place, or places, fixed for taking the votes of the electors : <. (6) At such day and hour a poll shall be taken, and all pro ceedings thereat, and for the purposes thereof, inchuliiiR a recount, shall be conducted in the .same manner as nearly as may be as at an election for Mayor and Aldermen : (6a) At any election for any by-law, a voter before marking his ballot-paper, if so required by the Returning Othcer 1 lectors has iate of the City Clerk entitled to with the electors of following ich assent, hour and the by-law which the Id, or such -law ; and lie votos at than three )lication of r a montli w, publish apers pub- >e a notice, Lhat such a which will I after one lewspaper, the news- or places, md all pro- , includinK manner as Mayor and •re marking ling Officer M'S* lit m \n, ri!.^T" i,,- :. -.1 a 1 -r' (7) (8) ic this A maney debts within of sucl value averag 55 on any election, shall state his or her occupation and residence to such officer and shall if required take the following oath (or affirmation): — "I, A. B., do swear (or affirm) that I am twenty-one years of age; that I am the person whose name is on the list of electors now shown to me ; that I have not voted before at this elect- ion ; that I have not received anything nor have I accepted any promise made to me directly or indirectly either to induce me to vote at this election or to indem- nify me for loss of time, travelling expenses or other services connected with this election ; that I have not been guilty of any bribery or undue influence as defined by this Act, or any act of corruption, disqualifying me from voting at this election, and that I am properly qualified to vote at this election. So help me, God." (7) The ballot papers that shall be cast shall be printed Form of Ballot " tor the by-law " or " against the by-law," and shall be marked by the voter voting by a cross on the right- hand side thereof opposite the words ' ' for the by-law ' ' or " against the by-law," as he may desire to vote. Each Deputy Returning Officer for the various wards count of Votos * niul ICotiirii to shall count the ballots and shall add up and verify the tho oierk. same, and mark the return to the City Clerk as in the case of an ordinary election for Mayor and Aldermen : (8) Upon receiving the returns the City Clerk shall add up By-Law» Re»uir- the names, and if it shall appear from such returns that Electors carried* the votes cast for any such by-law be three-fifths of the IvfujoVi'ty.** ^ '^ votes polled, the City Clerk shall forthwith declare such by-law carried, otherwise he shall declare it lost, any- thing contained in the " Municipal Act, 1892," and Amendment Acts to the contrary notwithstanding. — ■ 1895, c. 68, sec. 17. . _^ 105. The Council may, under the formalities required by By-Laws for this Act, pass by-laws for contracting debts by borrowing Debts"*'* '"*^ m3ney, or otherwise, and for levying rates for payment of such debts on the rateable property of the city for any purpose within the jurisdiction of the Council ; provided the aggregate of such debt shall not exceed twenty per cent, of the assessed value of the real estate of the said city, computed on an average taken from the assessment roll for the two years ante- 56 Terms of. When to take Effect. cedent to the creation of the debt ; but no such by-law shall be valid which is not in accordance with the following restrictions and provisions : — ( I ) The by-law shall name a day in the financial year in which the same is pavS.sed, when the by-law shall take effect ; and the whole of the debts and the obligations to be issued therefor shall be made payable in fifty years at furthest from the day on which such by-law takes effect : To Provide a Yearly Uato. Amount Thereof. Recitals In By-Laws. (2) The by-law shall provide that an annual sum shall be raised and levied in each year by a special rate on all the rateable pi jperty in the city sufficient to pay interest on the debt during the currency of the debentures, and also a sum to be raised annually for the payment of the debt when due — 1886, c. 32, sec. 128 ; 1892, c. 62, sec. 5, (3) The by-law shall recite — (i) The amount of the debt which such new by-law is intended to create, and, in some brief and general terms, the object for which it is to be created; (2) The amount of the whole rateable property of the city, according to the last revised assessment rolls ; (3) The total amount of the existing debenture debt of the cit}', and how much, if any, of the principal or interest is in arrears — 1886, c. 32, sec. 128 ; 1889, c. 40, sec. 13 and 14 ; 1892, c. 62, sec. 5. m^- By-Lawafor io6. Every by-law for raismg, upon the credit of the Raising Money . •' •' . . . . ^ '. notfoi Ordinary city, any money not required for its ordinary expenditure, and reneive Assent of not payable within the same municipal year, shall, before the the Electors. . - ., r,, final passing thereof, receive the assent of the electors of the city in the manner provided for in this Act ; and when such assent is received, no such by-law shall be altered, amended, or repealed by the Council except with the consent of the lyieutenant-Governor, and every such by-law and the deben- tures issued thereunder, shall be absolutely valid and binding upon the municipality, according to the terms thereof, and shall not be quashed or set aside on any ground whatever, unless upon application to some court of competent jurisdiction made within one month after the passing of the third reading thereof — 1886, c. 32, sec. 129; 1891, c. 72, sec. 24; 1893, c. 63, sec. 9A. w\ ■I! I ^71 to be e otherwis seal of couiitersi resi^ectiv by-law t( shall not Treasure by-law tc attached sec. 15 ; 108. ed by \a^ person n delivery, debenture thereupoi 109. valid and negotiatio c. 32, sec m m M S't no. debt by 1 I provided I such debt of the pe I debt is t I amounts interest, i what is ] other yea the Corp correspoii annually in such b raised in debt, wh Iments of Ithe said i 57 I07. All debentures and other securities duly authorised Deiwntnres. Ac. to be executed on iKjhalf of the Corporation, shall, unless cuiwi. otherwise specially authorized or provided, be sealed with the seal of the Corporation, and signed by the Mayor, and countersigned by the Treasurer, or signed or countersigned resj5ectively by some other person or persons authorized by by-law to sign or countersign the same ; otherwise the same shall not be valid ; the lithographed initials of the Mayor and Treasurer, or of some other person or persons authorized by by-law to initial the same, shall be affixed to all coupons attached to such debentures — 1886, c. 32, sec. 130 ; 1889, c. 40, sec. 15 ; 1893, c. 63, sec. 8. Tninsfor rt' IXibiMiturcs. 108. Any debentures issued under the formalities requir- ed by law by the Corporation, payable to bearer or to any person named therein or bearer, may be transferred by delivery, and such transfer shall vest the property of such debenture in the holder, and enable him to maintain an action thereupon in his own name — 1886, c. 32, sec. 131. 109. Any such debenture issued as aforesaid shall be Fuii Amount Re- ,., , ,, , r 1. . , 1. . coverable though valid and recoverable to the full amount, notwithstanding its Neffoiiatod below negotiation by such Corporation at a rate less than par — 1886, c. 32, sec. 132. no. In any case of passing a by-law for contracting a councu may , , , , , . - , . * make Principal debt by borrowing money for any purpose, or otherwise as UepayatJieby ..,.,., ,,, , , .... Equal Annual provided by this Act, such by-law may make the principal of instalments, such debt payable by annual instalments, during the currency of the period (not exceeding fifty years) within which the debt is to be discharged ; such instalments to be of such amounts that the aggregate amount payable, of principal and interest, in any year shall be equal, as nearly as may be, to what is payable for principal and interest during each of the other years of such period ; and may issue the debentures of the Corporation for the amounts and payable at the times corresponding with such instalments, together with interest annually or semi-annually, as may be set forth and provided |in such by-law. Such by-law shall specify the amount to be What By Law L • J . , , . . . f . , , , shall Set Out. raised in each year, during the period of the currency of the debt, which shall be sufficient to discharge the several instal- ments of principal and interest accruing due on said debt, as [the said instalments and interest become respectively payable S8 According to the terms of said by-law, and in cases within this section it shall not be necessary that any provision be made for the creation of a sinking fund — 1886, c. 32, sec. 133. When the Ruto Imposed by lly- law may Imj Uo- duced by Ity-Iiuw III. In case in any particular year one or more of the following sources of revenue, namely : ( i ) The sum raised by the special rate imposed for the paynieflt of a debt and col- lected for any particular year ; and (2) the sum on hand from pr*ivious years ; and (3) any sum derived from such particular year from the surplus income of any work, or for any .share or interest therein applicable to the sinking fund of the debt ; and (4) any sum derived from the temporary inve.stment of the sinking fund of the city, or any part of it, and carried to the credit of the special rate and sinking fund accounts, respectively, amount to more than the annual sum required to be raised as a special rate to pay the interest and the instalment of the debt for the particular year and leave a surplus to the credit of such accounts, or either of them, ihen the Council may pass a by-lav; reducing the total amount to be levied under the original by-law for the following year, to a sum not less than the difference between such last mentioned surplus and the annual sum which the original by-law named and required to be raised by special rate — 1886, c. 32, sec. 134. RecitulH Uo«|iils- it« in sueh liy- Law. Redu.-ed llato to be.Naiiu'd. 112. Such by-law shall not be valid unless it recites: ( I ) The amount required by the original by-law to be raised annually ; (2) The balance of such amount for the particular year, or on hand for former years ; (3) The surplus income of the work, share or interest therein received for such year ; and (4) The amount derived for such year from any temporary investment of the vsinking fund ; nor unless the by-law names the reduced amount to be levied under the original by-law in such following year — 1886, c. 32, s. 135. Aiiticipiitory Ap- t)i'<)|>riiaioMS luiiy H« Madts What FuihIh may be su Appropri- ated. 113. In case the Council desires to make an ahticipatory appropriation for the next ensuing > ear in lieu of the special rate for such year, in respect of an\- debt, the Council may do .so by by-law, in the manner and .subject to the provisions and restrictions following : — ( I ) The Council may carry to the credit of the sinking fund account of the debt as much as may be necessary for the purposes aforesaid : (a) Of any money at the credit thin this be made 33- re of the raised by and col- md from •articular ny share he debt ; tment of arried to iccounts, required and the I leave a em, then nount to year, to lentioned w named sec. 134. recites : be raised jarticular s income ich year ; emporary iw names by-law in :icipatory le special il may do sions and :ing fund jssary for ;he credit pw ^^ ^^P^F mm I: 59 of the special rate account of the debt beyond the interest on such debt for the year following that in which the anticipatory appropriation is made ; (b) and of any money raised for the purpose aforesaid, by additional rate or otherwise ; (c) and of any money derived from any temporary investment of the sinking fund ; (d) and of any surplus money derived from any coriK)ration work, or any share or interest therein ; (e) and of any unappropriated money in the treasury ; such moneys respectively, not having been otherwise appropriated : (2) The by-law making the appropriations shall distinguish J*'° iicfttl"lm tl"bo the several sources of the amount and the portions statod. thereof to be respectively applied for the interest and for the sinking fund appropriation of the debts for such next ensuing year: * • , , .. i- '] ': V'^ ' i' (3) In case the moneys so retained at the credit of the whon Moneys special rate account, and so appropriated to the sinking Uint. tii« Yoariy fund account from all or any of the sources above »i*ndc'(Ti'or the mentioned, are si»fficient to meet the sinking fund appropriation and interest for the next ensuing year, the Council may then pass a by-law directing that the original amount for such next ensuing year be not levied — 1886, c. 32, sec. 136. 1 14. Such by-law shall not be valid unless it recites : — (i) The original amount of the debt, and in brief and general terms, the object for which the debt was created : (2) The amount (if any) already paid of the debt : (3) The annual amount of the sinking fund appropriation required in respect of such debt : (4) The total amount then on hand of the sinking fund appropriation in respect to the debt, distinguishing the amount thereof in cash in the treasury from the amount temporarily invested : ' (5) The amount required to meet the interest of the debt for the next year after the making of such anticipatory appropriations : By-Law must Roolte— Tlio Oiijrlnal l)«ibt aud Object;! Tlio Amuuiit Paid : The Annual Amount fur Sinking Fund ; Tlio Amount for SinkliiK^ Fund In Hand; The Amount Uequlred for Interest. And thnt itis ' Keservfd, Ate. ■'?■', - ■ ^. m Two Special Accounts to be Kept; (1) Of the SpoL'liiI Rates; (2) Of the Sink- ing Fiuul or Instalments of Principal. When Surplus mar be Applied to Next Year's Interest, and to ' Sinking Fund. Application of , Moneys with ' Consent of Lieu- tenant-Governor las in Council. 60 (6) That the Council lias retained at the credit of the special rate account of the debt a sum sufficient to meet tiie next year's interest (naming the amount of it) and that the Council has carried to the credit of the sinking fund account a sufficient sum to meet the sinking fund appropriation (naming the amount of it) for si;cli year — 1886, c. 32, sec. 137. 115. The Council shall keep in its books two separate accounts, one for the special rate and one for the sinking fund, or for instalments of principal of every debt, to be both distinguished from all other accounts in the books by some prefix designating the purpose for which the debt was contracted, and shall keep the said accounts with any other.s that are necessary so as to exhibit at all times the state of every debt and the amount of money rai.sed, obtained and appropriated for payment thereof — 1886, c. 32, sec. 138. 1 116. If, after paying the interest of a debt and appro- priating the necessary sum to the sinking fund of such debt, or in payment of any instalment or principal for any financial year, there is a surplus at the credit of the special rate account of such debt, such surplus shall so remain and may be applied, if necessary, tov/ards the next year's interest ; but if such surplus exceeds the amount of next year's interest, the excess shall be carried to the credit of the sinking fund account, or in payment of the principal of such debt — 1886, c. 32, sec. 139. 117. The lyieutenant-Governor in Council may, upon proper cause being shown, order and direct that such part of the proceeds of the special rate levied and at the credit of the sinking fund account, or of the special rate account as afore- said, instead of being so invested as hereinafter provided, shall from time to time, as the same shall accrue, be applied to the payment or redemption, at such value as the Council can agree upon, or any part ot such debt, or of any of the debentures representing or constituting such debt, or any part of it, though not then payable, to be selected as provided in such order ; and the Council shall thereupon apply, and continue to apply, such part of the proceeds of the special rate at the credit of the sinking fund or special rate accounts, as directed by such order — 1886, c. 32, sec. 140. W 6i II 8. The Council may appropriate to the payment of J°"y^'{,^*y any debt the surplus income derived from any public or Funds towards M such Uubts. corporation works, or from any share or interest therein, after paying the annual expenses thereof, or any unappropriated money in the Treasury, or any money raised by an additional rate ; and any money so appropriated shall be carried to the credit of the sinking fund of the debt, or in payment of any instalments accruing due — 1886, c. 32, sec. 141. I i8a. If any part of the produce of the special rate levied {."oUuto of^^spec- in respect of any debt, and at the credit of the sinking fund '»' "**« Lovfod. account or of the special rate account thereof, cannot be immediately applied towards paying the debt by reason of no part thereof being yet payable, the Council shall from time to time invest the same in Government securities, repurchases of city debentures, or in first mortgages on improved real estate held and used for farming purposes, and being the first lien on such real estate, or in repurchase of local improvement de- bentures of the city, or in such other manner as the Lieutenant- Governor in Council may by general or special order direct, and from time to time may reconvey and release mortgages and securities under the seal of the Corporation as such securities mature, and may re-invest in other like securities. No sum so invested in mortgages shall exceed two-thirds of the value of the real estate on which it is secured, according to the last revised and corrected assessment roll at the time it is invested. All securities, mortgages, and moneys now vested in or held by the trustees appointed under section 1 70 of the " Vancouver Incorporation Act, 1886," on behalf of the City of Vancouver, shall by virtue of this Act and on the passing thereof be vested in the said City of Vancouver, without any assignment or conveyance thereof, and shall be dealt with by the Council of the said city as hereinbefore provided for the investment of any moneys to the credit of the sinking fund accounts — 1893, c. 63' sec. 18. 1 1 8b, The Council of the city may regulate by- by-law the manner in which such investments shall be made — 1893, c. 63, sec. 18. . ., ■ 1' 1 1 8c. The Council may direct by by-law that any surplus moneys in the hands of the Treasurer, and not sjiecially appro- priated to any other purpose, shall be credited to the .sinking fund account of any debenture debt of the Municipality, and 'I '1*1 m: msi mn-' Souncil may lake By-Laws. the Council may invest such sinking fund account in any of the securities named in and according to the provisions of the preceding section — 1893, ^- 63, sec. 18. I i8d. No member of the Council shall take part in, or in any way be a party to, the investment of the sinking fund otherwivSe than is authorized by this Act, or by any other law in that behalf made and provided and such member so doing shall be held personally liable for any loss sustained by the City — 1893, c. 63, sec. 18. ' .1 * i ' . • • > • J- ■■'■ 118E. In the event of any real estate mortgaged to the City under the provisions of this section becoming vested in the City by virtue of a suit of foreclosure or by conveyance or sale, or in the event of the Finance Committee of the Council of the City deeming it advisable to exercise the power of sale in any such mortgage, it shall be lawful for the Council to convey under the seal of the Corporation and to vest any such real estate in a purchaser thereof without passing a by-law authorising suc^l sale or submitting the same for the assent of the electors as provided in the i6th section hereof — 1898, c. , sec. 5. 119. Notwithstanding anything now contained in the by-laws, passed in pursuance of the powers contained in the preceding sections, it shall be lawful for the Council by resolu- tion at any time, or from time to time to provide for the issue of new debentures for the purchase of the whole or any portion of the debentures issued under any by-law as aforesaid ; at such rate or rates of interest respectively, not greater than five percent., as they may think fit, and to make the same and interest thereon payable at such place or places respectively, as they may think fit, and to make and enter into any agree ment or agreements with the purchaser or purchasers of the said debentures or any of them, of the repurchase or redemption of them or any of them, in such manner and upon such terms and conditions as may be agreed upon with any such purchaser or purchasers — 1891, c. 72, sec. 25. Powers of Council to pass By-Laws. 1 20. The Council may from time to time pass, alter and repeal by-laws : — ^w -SPIPPIPf^^ipil^pf^ 11 ill, iij l- ■ ■;," (I) (2) (3) (4> T w 63 (i) For lighting the citv and for this purpose perform any LiKJuinRthe.'ity work and place any fixtures that are necessary on private property, making due compensation therefor as may be agreed upon, or failing agreement, to be fixed by arbitration : , '^j4 (2) For laying down gas, electric light, and water pipes, or |vYu"''r% i kV" Si (1 (I (I si I* m .11 ; 67 ( 1 1 ) For preventing or regulating horse racing and gambling Horse Racing:. — 1892, c. 62, sec. 10. (12) For preventing or regulating and licensing exhibitions held or kept for hire or profit, bowling alleys and other places of aninsement : (13) For restraining and punishing vagrants, mendicants, and persons found drunk or disorderly in any street, highway, or public place within the limits of the city : (14) For preventing indecent exposure of the person, or other ir.decent exhibitions : Places of Aniuse- muiit. Vagrauts and Re«r»rarH. Indeuont Exhibitlona. (15) For preventing or regulating the bathing or washing Bathing, the person in any public water in or near the city : , i (16) For preventing cruelty to animals, and for preventing the destruction of birds ; Cruelty to Aiiimala, (17) For imposing a tax on the owners, possessors, or TaxonDog-s. harbourers of dogs : (18) For impounding, killing, or disposing of by .sale, dogs running at large and unlicen.sed contrary to the by-laws : Impounding', &c., Dogs. (19) For prevr;nting the keeping of vicious dogs or wild vicious Animals, animals within the said city, except under certain restrictions : (20) For preventing the injury or destroying oi trees siiade Trees, planted or preserved for shade or ornament, and for encouraging the planting of the same : (21) For preventing the pulling down or defacing of sign- sign Boards, boards and of printed or written notices lawfully affixed : ^.t.i (22) For granting aid by way of bonus for the promotion of manufactures within its limits by exempting such man'ifactories, undertakings or enterprises, from taxes and water rates, in whole or in part, for a period of one or more years, and by granting sucii sums to such person or body corporate, and in respect of such branch of industry as the city may determine upon ; and to pay such sum either in annual or other periodical Bonuses to Manufactories. itti Wharves, Sowers, in vers, (Sic. Wells, Reser- voi rs, &(i. Nuisances. 68 paj'ments, with or without interest, and .subject to such terms, conditions and restrictions as the said munici- pality may deem expedient — 1895, c. 68, sec. 20. (23) For regulating or preventing the encumbering, injuring or fouling by animals, vehicles, vessels, 01 other means, of any public wharf, sewer, shore, river, or water, or any road, street, square, alley, lane, bridge, or other communication — 1889, c. 40, sec. 21. (24) For establishing, protecting, regulating, and cleansing public and private wells, reservoirs, and other public and private conveniences for the supply of water, and for closing public and private wells ; for preventing the fouling of the same, and the wasting of water there in or therefrom ; for procuring an analysis of such \!" .'er ; ' providing for the payment of the expense thereo; , a ad for making reasonable charges for the use of pubiic water ; provided, nowever, that the powers by the .section granted shall not interfere with or in any way lessen the powers granted lo the Vancouver Water Works Company U' ler and by virtue of an Act pa.ssed in the 49th year of Her Majesty's reign. Chapter 35— 1889, c. 40, .sec. 22. (25) For preventing and abating public nui.sances : (25A) The Council may, by resolution or by by-law, declare any building, structure or erection of any kind whatso- ever, or any drain, ditch, water-cour.se, pond, surface water or any other matter or thing in or upon any private lands, street or road, or in or about any building or .struct\tre, a nuisance and dangerous to the public safety or health, and may, by such by-law or resolution, as may b^ directed therein, order that the .same shall be removed, pulled down, filled up, or otherwise dealt with by the owner, agent, lessee or occupier thereof, a.^ the Council may determine, and publication of such notice for a period of five days in any daily newspaper published in the municipality for in case where no such newspaper be .so published in such municipiibty then in ' a daily newspaper published in the nearest municipality) shall be good and sufficient service of such notice upon M t to such munici- !0. , injuring tr means, water, or or other cleansing if public ater, and iiting the here in or ";.'er ;:' ;Oi , uad jf public i by the any way :r Water ct passed Dter 35— :.|| -.i--^ t, declare whatso- , surface Lipon any building le public solution, ; shall be ise dealt lereof, a^^ of such swspaper ; no such y then in icipality) tice upon f s m 'm such owner, agent, lessee or occupant ; and in case of default by the owner, agent, lessee or occupier to comply with such order within such period of five days, < to order that such remov^al, pulling down, filling up, or other dealing with same shall be done by any officer of the Corporation at the cost of such owner, and payment of such cost, and all expenses incidental thereto, may be t 1 forced against the owner thereof by such officer in an action in any Court of competent jurisdiction — 1898, c. — , sec. 6. (26) For compelling the owner, lessees, and occupants of iMWies, &c. real property within any defined area to fill up or close any wells, water closets, privies, privy vaults, or cess- pools, the continuation of which may, in the judgment of the Council, be dangerous to health — 1889, c. 40, ^\ sec. 22. (27) For preventing or regulating the erection or continuance siuuKhtor iiousos . , , , , . , Tiimioiies. ot slaughter houses, gas works, canneries, distuleries, Bruweiies, &c. wash-houses, or other manufactories or trades which may prove to be nuisances, and defining the limits within which the same may be erected, kept, or carried on — 1889, c. 40, sec. 22 ; 1893, c. 63, sec. 11. (27A) For preventing or regulating the keeping of cows, goats, pigs, and other animals, and defining limits within which the same may be kept. (28) For preventing the ringing of bells, blowing of horns rjeiis. whistles, , . , , . , , , . and Noises. or steam-wnistles, shouting, and other unusual noises in streets and public places: (29) For preventing or regulating the firing of guns or J.ctiin/r off Guns other firearms ; and the firing or setting oii of fire- balls, squibs, crackers, or fire- works, and for prevenjting charivaries, and other like disturbances of the peace : (29A) For the prevention or regulating of blasting within the limits of the city : (30) For empowering any person (resident or non. resident) siauite Luiwur. liable to statute labor within the city, to compound for such labor, for any term not exceeding five years, at any sum not exceeding one dollar for each day's labor : •:^- '■■; romniiitatlon of Slime by Money Payment. Enforcing Statute LalM)ur. 70 (31) For providing that a sum of money, not exceeding two dollars for each day's labor, may be paid in commuta- tion of such statute labour : . (32) For enforcing the performance of statute labor : i\0 Time and Mannor of wiform mee of Same. (33) For regulating the manner and the division in which statute labour or commutation money shall be per- formed or expended ; Aid to ojiarities. (34) For establi.shing and aiding charitable in.stitutioiis within the city : For aidini? Societies iioidinf< Exliibitions witliln City. DrivinfiT over Sidewalks. (34B) For granting money in aid of Agricultural or Horti- cultural, Dog or Poultry Societies, which hold their ex- hibitions either within or without the city limits, and for acquiring by purchase, or otherwise, real property I for the purpose of holding such exhibitions — 1895, c. 68, sec. 21. \ (35) For preventing the leading, riding or driving of horses and cattle upon sidewalks or other places not proper therefor : Boarding' House Kunners, Hnck Drivers, &c. Mm Burial of the lliaii^ »»ead. I *, Violation of Cemeteries. WeedSr- (36) For preventing persons in streets or public places from importuning others to travel in or employ anv vehicle, or go to any tavern, hotel, or boarding-house, or for regulating persons so employed (37) For regulating the interment of the dead : (38) For preventing the violation of cemeteries, graves, tombs, tombstones, or vaults where the dead are in- terred : (39) For preventing the growth of weeds and compelling the destruction thereof : Depositing? Filtli, &c., on Streets. Sewerag'e and Drnlnaije. (40) For preventing persons from throwing any dirt, filth, carcasses of animals, or rubbish on any road, lane, street, or highway in the city : (41) For making any regulations for sewerage or drainage that may be deemed necessary for sanitary purposes : eding two comniuta- •r : in which 11 be per- istitutions or Horti- i their ex- imits, and property —1895, c. of horses ot proper aces from V vehicle, se, or for 1, graves, d are in- lompelliiig lirt, filth, oad, lane, drainage irposes : m *ii I 5 t .1 'A (42) (43) (43^^ (44) (4^ (4 (42) For preventing or regulating the erection of and directing and requiring at any time the removal of any doorvStep.s, porches, railings, or projections into, or ob- structions in any public street or public highway in the city, at the expense of the proprietor or proprietors; and to regulate and control railway companies within the said city, and to enforce t?;c construction and man- agement of gates, culverts, and cattle-guards on the line of the .said railways at the crossing of any street or streets in the said city, and to eufoice the opening and continuation of any street or streets across the line of any railway track — 1889, c. 40, sec. 23: ObstnicHon nt StroetH. n ntmonl of vers. (43) For the creation of all offices that are necessary in the Appoi affairs of the Corporation, and for regulating the re- muneration, fees, charges, and duties of all officers ^v appointed to vsuch offices, and the securities to be given for the performance of such duties — 1889, c. 40, sec. 24 (43A) For paying to the Aldermen during their term of Payment of office, or.t of the annual revenue, a sum of money not exceeding four hundred dollars per annum each — 1895, c. 68, sec. 22. (44) For establishing, maintaining and regulating lock-up Lock-up Houaes. hoUvSes for the detention and imprisonment of persons sentenced to imprisonment for not more than two months, and of persons detained for examination, or transmission to any gaol, either for trial or in the execution of any sentence : (45 ) For inflicting rea.sonable fines and penalties not exceed- Fines and ^ . " ^ Penalties. ing one hundred dollars and costs : (a) Upon any person for the non-performance of his duties, who has been elected or appointed to any office in the Corporation, and who has accepted such office, and afterwards neglect; the duties thereof ; and (b) For breach of any of the By-laws of the Corporation . (46) For collecting such penalties by distress and sale of the collecting goods and chattels of the offender : Penalties. PuiiiHhnuMit hy liiiprlsoiinuMit. (47 ) For inflicting reasonable punishment, by imprisonment, with or without hard labor, either in the lock-up house* in the city, or in a gaol, for any period not exceedinji; two months, for breach of any of the by-laws of the Council, or for non-payment of the fine inflicted for any such breach, and there being no distress found out of which such fine can be levied, or imprisonmcht without option of fine. Fire, Etc. AppolntimMit of Firutiiuii, " Uunipuiiics. (48) For appointing fire wardens, fire engineers and firemen, and promoting, establishing and regulating fire companies, hook and ladder companies, and proper- ty-saving companies : AddlMoiml Kiro (Juiiipuiihvs. Special llato therofor. (4HA) For providing, estal)lishing and maintaining a special additional fire company, and fire appurtenances, and protection for certain portions of the City, and for aSvSessing and levying, in addition to all other rates and taxes, a separate rate or tax for that purpose on the lands and property directly benefited thereby, as described in the by-law — 1895, c. 68, sec. 23. f|ii Eiifoi'cuniuiit and ]l|{ UtM ovory of smh f «' Special fJato. E?^i 'Ml" dity Iiisuraiu-o i-y Fund. (4810 For providing for the recovery of such special rates and a.ssessments. Any special rate so assessed and levied shall be dealt with in every respect as ordinary land or real property taxes, and may be enforced and recovered in the same way, whether by sale of the land or real property upon which the same attacned, or by registration as a charge upon such land or real property, or otherwise — 1895, c. 68, sec. 23. (48c) F'or the setting apart each year r special fund, and for the investment thereof, to be called the " City Insurance Fund," in order to provide against any loss that may be incurred by fire destroying any of the city buildings or portions thereof — 1895, c. 68, sec. 23. DanKorous Trades. (49) For preventing or regulating the carrying on of manu- factories or trade dangerous in causing or promoting fires : • I son men t, •up house jxceedinj^ vs of the icted for ;ound out isounicht sers and egulatinj^ d proper- : a special ices, and and for rates and e on the reby, as cial rates ssed and ordinary >rced and the land d, or by property, iind, and e " City any loss • the city 23- )f mann- •omoting n mi (5 E (5 (5. (5' (5^ if " rf,; B i^H ;Jt: ■!M :.ijl ^w n P .'. f| J. is bit (54 -,o) For prcvcntiii^^ and for rcmovini; or rc^nlatin^ tlic niimm»ys.ov.>ii». construction of any chinniey. flue or fire j)lace, stove, boiler, or other a])paratus or thinj^ which may be clan>;erous in causing or promoting fire : (Si) For regulating the construction of chimneys, as to OondtmcUon of , , , r r ■ i" Ohlmmya. (hmensions and otherwise, and for enforcuig the proper cleaning of the same : (52) For regulating the mode of removal and safe-keeping AhIm^s. (Sim- '^'^ ' f> >^ » '^ powder. Oil. Ac. ashes, and for regulating the keeping and transporting of gunpowder, coal oil, and other conibustil^le or dan- gerous materials : (53) For regulating and enforcing the erection of party I'aiiy vvaiin. walls : (34) For causing all lands, buildings, and yards to be put Yards, RuiidJuffs. in other respects into a safe condition to guard against fire or other dangerous risk or accident : ■lit OiiMlnff Rrusli, Ac. (54A) For regulating and enforcing the cutting down of trees that, in the opinion of the Council, might be dangerous to life or property, clearing and burning, or removing trees, timber, logs, and brush from lots or blocks ; also streets opened up within the city limits, and for charging the owner or owners of the properties on which such trees, timber, logs, or brush may be situated with the expense and cost of cutting down, burning, or removing thereof and for the recovery of the expense and cost thereof from the owners of the lands from off which such trees, timber, logs or brush may be cut down, burnt or removed, in the vSame manner and with the same powers of recovery as in the case of overdue taxes, and making the same a charge on the said lands, and with powers to sell the said lands for the recovery of the said expenses and cost, in the same manner and under the same regulations as in the case of the sale of lands for overdue taxes — 1889, c. 40, sec. 25, 1893, sec. 12, c. 63. (54B) For the regulating and enforcing the owners of lands s„rvcy of Lota to survey lots and blocks, their property in the City, ""** **'o«'*»' with the obj ect of accurately locating the streets and Pi i m Authori/inff Entry of Premises. Suppress! !itr FlreF Oonrti'ct anil Asfiistancu at Fires. Wooden IngH and Riiild- Fencos. /; 74 lanes of the .said City, and in default of the owners .surveying the .said lots and blocks in accordance with the provisions of the by law, to provide for Hie City surveying the said lots and blocks, and locating the said streets, and charging the owners of the lands .so surveyed with the cost ind expense thereof, and for the recovery thereof from the owner or owners in the .same matmer and under the same regulation.*^ as in the ca.se Ci overdue taxes, and making the same a charge on the said lands, and with powers to sell the .said latids for th.e recovery of theexpen.se and co.st of such surveys, in the same manner and under the same regulatioivs as in the ca.se of sale of lands for overdue taxes — 1893, c. 63, sec. 13. (55) *^'«r authorizing appointed officers to enter at all rea.sonable times upon any property subject to the regulations of the Council, in order to a.scertain whether such regulations are obeyed, or to enforce or carry into effect the .same : (56) For making regulations for suppressing fires, and for pulling down or demolishing adjacent houses or other erections when necessary to prevent the spreading of fire : (57) For regulating the conduct and enforcing the assistance of the inhabitants present at fires, and the preservation of property at fires : (58) For regulating the erection of buildings, and the distance of the same from the centre of the street, and prevc^nting the erection of wooden buildings and wooden fences in .specified parts of the city ; and also for pro- hibiting the erection or placing of buildings, and the distance of the .same from the centre of tlie street, other than with main or partition walls of brick, iron, or stone, the roofing of incombustible material, within .siKJcified parts of the city ; and for authorizing the pulling down or removal, at the expense of the owner or owners thereof, of any building or erection which may be constructed or placed in contravention of any by-law, or which may, in the opinion of the Council, be a dangerous nuLsance — 1895, c. 68, .sec. 27. ; owners nee with fhe City iting the lands so and for rs in the as in the a eharge aid lands surveys, ations as ;s— 1893, ir at all t to the I whether ;arry into 3, and for > or other eading of ling the i, and the \^ ^ and the :reet, and d wooden 3 for pro- 1, and the 2et, other iron, or I, within izing the owner or hich may y by-law, icil, be a IM •*RSr isir [li'ii \m (5^ (5 (6 (6 (6 (58a) For compelling to be deposited with an officer to be named in the by-law, before commencing the erection of any building, a ground pian or block plan, elevation and specifications for the construction of such building, with the levels of the cellars and basements thereof, with reference to a line fixed by the by-laws — 1889, c. 40, sec. 27 ; 1892, c. 72, sec. 26. ( so) For providing medals or rewards for persons who Rewards and Aid ^ ,. . ^., , , ^ , f . to Firemen. distmguish themselves at fires ; and for grantnig pecuniary aid, or otherwise assisting the widows and orphans of persons who are killed by accident at such fires : (60) For preventing or regulating the use of fire or lights Fireand Li^htin in stables, cabinet makers' shops, carpenters' shops, and combustible places ; (61) To compel the owners of houses to have scuttles in the open Scutiies in roof thereof, with approaches, or stairs, or ladders "" " " "*" leading v.o the roof : ' (62) For requiring the owners of buildings to provide fire- Firo Escapes, escapes in such manner and time as may be pre.scribed in such by-law ; and for regulating the examination of them, ard the use of them at fires, for regulating the size and number of doors in churches, theatres, halls, or other buildings used for place.-^ worship, public meet- ings, or places of amUvSement, ind the street gates leading thereto, and also the size and nriinber of doors, halls, stairs and other means of egress from .11 hospit Is, schools, colleges, and other buildings of a like nature, and also the structure of stairs and stair railings in all such buildings; and th'^ strength of walls, bears, and joists, and their supports, and for compelling the production of the plans of all such buildings f t (65) For licensing and regulating the sale of opium, except where same is sold in the preparation of medical pre- ' scriptions by chemists and druggists : (i) For licen.sing ,' and regulating bill po.sters : (2) For licensing and regulating every per.son carrying on the business of a ' ' -^ wholesale or retail or of a wholesale or reaail merchant ■ or trader : -^ (66) For licensing, regulating, and governing all persons who for hire or gain, directly or indirectly, keep or have in their possession or on their premises any billiard, \ pool, or bagatelle tabk , aud for fixing the sum to be paid for a license so to have or keep such tables, and the time such license shall be in force : (67) For licensing, regulating, and governing auctioneers . and other persons .selleng, or putting up for sale, goods, wares, merchandise effects, or real estate, by public . auction : (68) For licensing, regulating, and governing transient traders and their agents who occupy premises or trade in the city for temporary periods, and whose names ps, wood may be ascribing and for s— 1887, !ense for irituoiis, paid to pile : and the aw shall ti"' rooii'j lomplied tains, at ir cubic ; same ; open :it , except ical pre- icensing ng and less of a erchant persons or have )illiard, m to be es, and loneers goods, public msient r trade names 7? (58A) For compelling to be deposited with an officer to be named in the by-law, before commencing the erection of any building, a ground plan or block plan, elevation and specifications for the construction of such building, with the levels of the cellars and basements thereof, with r-eference to a line fixed by the by-laws — 1889, c. 40, sec. 27 ; 1892, c. 72, sec. 26. (59) For providing medals or rewards for persons who Rewards and Aid distinguish themselves at fires ; and for granting pecuniary aid, or otherwise assisting the widows and orphans of persons who arv killed by accident at such fires : (60) Fc r preventing or regulating the use of fire or lights Firennd Ujyhtin in stables, cabinet makers' shops, carpenters' shops, and combustible places ; (61) To compel the owners of houses to have vScuttles in the oiHMiScutiicsin roof thereof, with approaches, or stairs, cr ladders "" " " "^^ leading to the roof : (62) For requiring the owners of buildings to provide fire- Firo Escapes, escapes in such manner and time as may be prescribed in such by-law ; and for regulating the examination of them, and the use of them at fires, for regulating the size and number of doors in churches, theatres, halls, or other buildings used for places of worship, public meet- ings, or places of amusement, and the street gates leading thereto, and also the size and number of doors, halls, stairs and other mtans of egress from all hospitals, schools, colleges, and otlier buildings of a like nature, and also the structure of stairs and stair railings in all such buildings ; and the strength of walls, beams, and joists, and their supports, and for compelling the production of the plans of all such buildings for inspection, and for enforcing observance of such — 1889, c. 40, sec. 28. (62a) For authorizing appointed officers to enter at al reasonable times upon any property subject to the regulations of the Council, in order to ascertain whether such regulations are obeyed, or to enforce or carry into effect the same — 1889, c. 40, sec. 29. ... . in] 4 W> :4 ^7 i^iif M Pees for TJquor Licenses. Refrulaling and Licensinu: Lodging (louses. Licensing Opium Sellers, Bill Posters, and wholesale and retail Merchants. I Licensing, &c., ' Billiard Tables. Auotloneerie. iia^ iPedlers. (62b) For regulating the times during which stumps, wood logs, trees, brush, straw, shavings, or refuse may he set on fire or burned in the open air, and for prescribing precautions to be observed during such times, and for preventing such fires being kindled at other times— 1887, G. 37, sec. 18. (63) For determining a fee or duty upon every license for the sale, within the City of Vancouver, of spirituous, fermented, or other intoxicating liquors, to be paid to the Corporation for purposes of municipal revenue : (64) For licensing and regulating lodging hou.ses, and the keepers of such houses, but so that no such by-law shall permit to be let or occupied as a dwelling any room unless the following requirements shall be complied with, that is to .say : ( i ) Unless such room contains, at all times, at least three hundred and eighty-four cubic feet of space for each person occupying the same ; (2) Unless such room has a window made to opei^ at least two feet square : (65) For licensing and regulating the sale of opium, except where same is sold in the preparation of medical pre- scriptions by chemists and druggists : ( i ) For licensing and regulating bill posters : (2) For licensing and regulating every person carrying on the business of a wholesale or retail or of a wholesale or reaail merchant or trader : (66) For licensing, regulating, and governing all persons who for hire or gain, directly or indirectly, keep or have in their possession or on their premises any billiard, \ pool, or bagatelle table, and for fixing the sum to be paid for a license so to have or keep such tables, and the time such license shall be in force : (67) For licensing, regulating, and governing auctioneer.s and other persons selleng, or putting up for sale, goods, wares, merchandise effects, or real estate, by public auction : ., , (68) For licensing, regulating, and governing transient traders and their agents who occupy premises or trade in the city for temporary periods, and whose names \ ^m ps, wood may he ascribing , and for s— 1887, :ense for irituoiis, paid to lue : and the aw shall ny room complied tains, at ir cubic i same ; opei^ it , except ical pre- icfciising ing and less of a lerchant persons or have billiard, m to be les, and tioneers , goods, public •ansient 3r trade names .a ;; i m W'-yr (^ (: ■\^ 77 have not been duly entered on the assessment roll for property of the assessed value of $2,000 for the thtn current year, and for licensing and regulating all traders or their agents who solicit or take orders for the sale and delivery of goods by retail that are not manufactured or made up in the city : (a) For licensing, regulating, and governing hawkers or petty chapmen, and other persons carrying on petty trades, or who go from place to place, or to other men's houses on foot, or with any animal bearing or drawing any goods, wares, or merchandise for sale, or in or with any boat, vessel or other craft, or otherwise carrying goods, wares, or merchandise for sale, and for fixing the sum to be paid for a license for exercising such calling within the city, and the time the license shall be in force : (b) Provided always that no such 'icense I shall be required for hawking or peddling any goods, wares, or merchandise, the growth, produce or manu- facture of this Province, not being liquors within the meaning of the law relating to hotel, shop, or saloon, , > or hotel, shop, or saloon licenses, if the same are being hawked or peddled by the maeufacturer or producer of such goods, wares, and merchandise, or by his bona-fide servants or employees having written authority in that ' behalf ; and such servant or employee shall produce and exhibit his written authority when required so to do by any municipal or peace officer : (e) The word "hawkers" in this section shall include all persons who being agents for persons not resident within the city, sell or offer for sale, or carry end expose samples or patterns, or quote prices for the purpose of selling any goods to be afterwards delivered within the city to any person — 1889, c. 40, sec. 33. . (69) For licensing and regulating ferries between any two Perries, places in the city, and establishing the rate of ferriage to be taken thereon : (70) For regulating and licensing the owners of livery, vehicles, feed, and sale stables, and of horses, drays, express waggons, carts, cabs, carriages, omnibuses and other vehicles used for hire ; for establishing the rates of fare 78 to be taken, and for enforcing the payment thereof; and for authorizing and assigning stands for vehicles kept for hire on the public streets and places ; and for authorizing the erection and maintenance of covered stands or booths on the streets, highways, and public places for the protection and shelter of the drivers of such vehicles : provided that no such booth or covered stand shall be placed upon any sidewalk without the previous consent of the owner or lessee of the property fronting, abutting, or adjoining such stand or booth— 1889, c. 40, sec. 34. (70A) For regulating the erection and maintenance of tele- graph and telephone and electric light poles and wires within the city limits — 1889, c. 40, sec. £5- Inspection of Bleutric LIfrnt Wtres, Au. SoavonirerH. Insuranet) h Ouinpunl««s. PlutnberH. I Intellicrenoo Omous. Ditto. Ditto. Ditto. (7011) For authorizing the inspection of electric light wires, lights, and meters, and to levy a charge to defray the cost thereof. i (71) For regulating and licensing scavengers and chimney sweeps : (7 1 A) For licensing insurance companies^ 1895, c. 63, sec. 14. (71B) For regulating and licensing plumbers — 1891, c. 72, sec. 27. • (72)For licensing suitable persons to keep intelligence offices for registering the names and residences of, and giving information to, or procuring servants for employers in want of domCvStics or labourers, and for registering the names and residences of, and giving information to, or procuring employment for, domestics, servBnts and other labourers desiring employment, and for fixing the fees to be received by the keepers of such offices : (73) For the regulating of such intelligence offices : (74) For limiting the duration of, or revoking any such licen.se : (75) For prohibiting the opening or keeping of any such intelligence office within the city without license : 2reof; and icles kept and for f covered nd public irivers of r covered ithoiit the : property • booth— :e of tele- md wires trie light to defray I chimney 15, c. 63, ►I, c. 72, • tice offices id giving loyers in iring the )n to, or Bnts and ixing the :es : my such any such se : \\ 79 (76) For fixing the annual fee to be paid for such license Intelligence UfltecH. (77) For licensing, regulating or prohibiting the exhibitions common showa, of common showmen, and shows of every kind, and the exhibitions of any natural or artificial curiosities, cara- vans, menageries, circus hippodrome boxing, sparring and theatreical exhibitions — 1895, c. 68, sec. 26. (78) For licensing, regulating or prohibiting the sale or Poddiinjron the peddlery of fruits, nuts, cakes, refreshments, bread, jewellery and merchandise of all kinds in, and upon, or along the streets, sidewalks, alleys, lanes and public squares of the city : •iin; (79) For licensing, regulating and governing pawnbrokers pawnbrokers, or dealers in second-hand goods, wares and merchan- dise in the city : (79A) For licensing any person keeping a bowling alley or BowIImr Alley rifle gallery — 1895, c. 68, i:;ec. 27. (79B) For licensing any person carrying on a business wiu.imiioand of a wholesale, or of a wholesale or retail, merchant and ""•"*" Merchants trader — 1895, c. 68, see. 27. (79c) For licensing any person carrying on, on his own Bankers, account, the business of a banker at one place of business — 1895, c. 68, sec. 27. (79D) For licensing every express company, gas company, Express, o as. and j telephone company, electric light company, street rail- "* '♦^'' * "™p»" «*• way or tramway company, investment and loan .societies, in a sum not exceeding fifty dollars for every six months — 1895, c. 68, sec. 27. (79R) For licensing every person who carries on the stevedores. occupation of a stevedore, or who takes contracts to load and unload ships within the city, in a sum not exceeding twenty-five dollars for every six months — 1895, c. 68, sec. 27. (80) For fixing the annual fee to be paid for any and all Annual Fee. such licen.ses, and for levying and collecting the same. *'il f { \\\ I * 1 1 8o ^ RAII.WAYS. Snbscrtbinif for Sliiire.s til Kail- way Uompaiiy. (8i ) For subscribing for a number of shares in the capital stock of, or for lending to or guaranteeing the payment of any sum of money borrowed by any incorporated railway or bridge company or interest thereon, and for exempting the buildings, wharves and lands on which terminal biiildiiigs may be erected, yards and wotks of any incorporated railway or bridge company from taxation for any period not exceeding ten years — ^898, c. sec. 3. (luaruateein. Pay ir out of DeiHJiilures. (82) For endorvSing or guaranteeing the payment of any debentures to be issued" by the company for the money ^y them boi rowed, and for assessing and levying from time to time upon the whole rateable- property of the city a sum sufficient to discharge the debt or engagement so contracted : I'F '■' Issuiiijr 'lobiMi- tures. Graiilliifr sanio H.s Bonus. (H3) For the issue for the like purpose of debentures payable at such times, and for such sums, respectively, not less than twenty dollars, and bearing, or not bearini;, interest, as the Council may think meet ; and for handing such debentures, by way of bonus or otherwise, to any such company, or to trustees, on any condition s provided in the by-law : Graiitine' Roiuis- es toUailwiiy ami otl;«ir Oompmiii's, (Hj[) For granting bonuses to any railway, bridge, or water ixjwer company, •\1 for is;>uing debentures in the same maimer as in the prc^ xling sub-section provided for raising money to meet such bonuses : Assent of Kit • t-jrs must Ik' liad. (84 a) The provisions or powers of the four preceding su])-sections shall not be exercised by the Council until a by-law shall have been first sub'uitted to the electors, as is provided for in case of by-laws requiring the assent of the electors : Mayor or Alder- man may Ixjcome Director. (85) In case the city takes shares in or guarantees pay- ment of any money for, or grant ? bonus to any company in pursuance of sub-sections 81, 82, 83, 84. 84A and 116 of this .section, the Council shall be entitled to appoint the Mayor or an Alderman a director of such company, he capital payment orporated , and for )n which nd wotks any from TS — IS98, it of any he money nng from ty of the gagement ebentures pectively, t bearing, and for )tliervvise, :ondition s 'idge, or ires in the provided preceding mcil until i electors, the assent tee.s pay- company \ and 1 1 6 ) appoint company, •V-r^riV^lim- (8 '•H I > 'I f » V (J 8I and such company shall accept such person as a director, . and he shall be entitled to all the rights atid privileges of the other directors of such company ; provided always, that any by-law passed under authority of this sub-section shall not have any force or effect until sub- section 5 of section 142 of this Act has been complied with in regard to it as near as may be — 1887, c. 37, sec- 21. (85A.) For exempting the yards, wharves, works, build-, ings and lands on which terminal buildings of the Canadian Pacific Railway Company may be erected, for a period not exceeding eighteen years from the date that this Act comes into force, and For providing that in the event of the City of Vancouver granting to any other Railroad Company (than the Canadian Pacific Railway Company) coming into the city, a bonus, subsidy or grant, or subscribing to the shares of such Company, within a period of eight years from the date this Act comes into force, then that all the real property of the Canadian Pacific Railway Company in the said city shall be exempted from any additional taxation imposed, on property in the city, by reason of such bonus, subsidy, grant, or subscription to shares being made, for a period of eight years from the date on which this Act shall come into force or any . unexpired portion thereof. Provided, that before any by-law passed by the Council under this sub -section shall come into force and effect, it first of all shall have received the assent of the statutory majority of the electors of the city entitled to vote on money by-laws or by-laws requiring the assent > of the electors, in manner provided for by the said Vancouver Act of Incorporation 1886, and Acts amend- ing the same — 1898, c. , sec. 4. (8^8.) For subsidising by way of bonus, or by guarantee- ing the payment of bonds of or the interest on bonds of such line or lines of steamships or steamboats as shall establish, within or without the limits of the city, a port of call or the terminus of such line or lines : '(■ ■.;'/: I 82 (85c) For the issue for the like purposes of debentures payable at such times and for such sums respectively, not less than twenty dollars, and bearing or not bearing interest as the Council may think meet ; and for handing such debentures by wa^' of bonus or otherwise, to any such company, or to trustees, on any conditions provided in the by-law : (85D. ) For granting aid to charitable institutions, and for the relief of the poor ; and for erecting, leasing, or establishing and maintaining a poor house, or house for the aged and infirm, either within or without the municipal limits, for disabled or decrepit persons : (89K.) For compelling the removal of all existing verandahs erected on or projecting over any sidewalk within the municipality, and for prohibiting and preventing the erection of any such verandah : i (85F.) For aiding by the grant of money or land, or by exemption for a period not exceeding ten years, smelters, dry docks, or marine railways, within a limit of five miles beyond the boundaries of the municipality — 1898, C. , sec. 7. Pounds, Fines and Fees. Yards. Impoundinff and Sale of Animals. City Pound. (86) For the establishment of pounds, and the appointment of pound-keepers therefor : (87) For regulating and fixing the fines and fees to be levied by such pound-keepers : (88) For providing suitable yards and enclosures for tlie safe keeping of such animals as it may be the duty of the pound-keeper to impound : (89) For restraining or regulating the running at large of any animals, and providing for impounding them, and for causing them to be vSold in case they are not claimed within a reasonable time, or in case the damages, fines ' and expenses are not paid according to law. ebentures pectively, >t bearing r handing 56, to any ■> provided M s, and for asing, or house for hout the ns : verandahs irithin the nting the nd, or by smelters, lit of five ty— 1898, pointraent I be levied es for the J duty of it large of hem, and >t claimed ges, fines -1 II, I ■• I- VV 83 PUBUC HEAI.TH. (90) For providing for the health of the city, and against spread t»f the spreading of contagious or infectious diseases, and for regulating, with a view of preventing the spread of infectious disease, the entry or departure of boats or vessels at the port of Vancouver, and the landing of passengers or cargoes from such boats or vessels, or from railroad carriages or cars, and the receiving of passengers or cargoes on board of the same — 1889, c. 40, sec. 37. (90A) For regulating the .size of dwelling rooms, and the number of persons who may dwell therein — 1892, c. 62, sec. 14. (91) For prescribing the duties of the health officers and Duties of Deaith scavengers, and for defining the limits within which officers. each scavenger shall perform his duties. (91 A.) For regulating the construction of dwelling houses and lodging houses, and for fixing, and from time to time varying, the number of persons who may occupy or be received in such dwelling houses or lodging houses : (91 B.) For promoting cleanliness and ventilation in such houses : (91C.) For the well-ordering of such houses, and for prescribing generally the sanitary condtions and require- ments which shall be observed and complied with by persons letting or occupying dwelling or lodging houses: (9 id) For regulating, with a view of preventing the spread of infectious or contagious diseases, the entry or depar- ture of boats or vessels, and the landing of passengers and cargoes from such boats or vessels, or from railroad carriages or cars, and the receiving of passengers or car- goes on board of the same : (91K) For licensing and regulating wash-houses and laun- dries, for preventing and regulating the erection or con- tinuance of any laundries or wash-houses which may prove to be nuisances, and for regulating and preventing the washing, drying, and airing of clothes, 84 ./ linen, or other materials of the like nature, in the open air in any part of the municipality, within forty feet of any street or highway, and for compelling the removal of all wooden and other structures now erected, and for regulating and preventing the erection or construction of all wooden and other structures or erections on the outside of any building, or on any lot or piece of ground in any part of the municipality within forty feet of any street or highway for the purpose of or that may be used for the washing, drying, or airing in the open air of any clothes, linen, or other materials of the like nature : i:. :!»*■; (91 F.) The construction, superintendence, maintenance, and regulation of drainage and sewerage works, and for arranging and settling with any owner or owners of real property the terms and conditions under which the sewer may be constructed or laid through his or their land ; and to expropriate such land as the Council may deem necessary for the purpose of constructing the main sewer, not, however, exceeding ten feet in width ; and provided always, that the power to expropriate land in this sub-section is only conferred, and can only be exercised by the Council, in the event of there not being a street or road allowance in the vicinity which the Council can use for the purpose of constructing or laying the main sewer : (91G.) For preventing or regulating the keeping of cows, goats, pigs, and other animals, and defining limits within which the same may be kept : (91H.) For regulating the hours during which children un- der [to be fixed by the by-law] years may be on the streets without their parents or guardians. ,, (911.) For purchasing, acquiring, holding, managing and maintaining real property for the purpose of a site for a free public library, or a partially free library, within the municipal limits : (91J. ) For revising and consolidating the by-laws of the municipality ; — 1898, c. sec. 7. I the open rty feet of e removal id, and for instruction ns on the of ground jet of any t may be ; open air I the like lance, and s, and for owners of which the ) or their uncil may icting the in width ; xpropriate can only there not ity which ructing or of cows, iig limits ildren un- be on the aging and site for a within the I 1 ( ,vs of the "•T" ^ Makkkts. (92) For establishing niarkuts and stock-yards, and lor Murkt-ta. regnlating the same : (93) For preventing and regnlating the hnying and selling nuyin^Hnd of all articles or animals exposed for sale on the pillUic ^'''""*f' market or in the oj^en air — 1889, c. 40, sec. 3S : (94) For preventing or regnlating criers and vendors of |.,.,|,ni„^|„ any meat, vegetables, grain, hay, frnit, beverages, fish, Marketw. »o. poultry, eggs, butter, cheese, straw, cord wood, shingles timber, coal, flour, lumber, milk, and small ware from practising their calling in any of the public markets, public sheds and vacant lots, the streets and lanes in the city adjacent to the market — 1889, c. 40, sec. 39: (94A) For granting annually, or of tener, licenses for the sale '' of fresh meat in quantities less than by the ([uarter carcase, and for regulating such sale, and fixing and regulating the places where such sale shall be allowed, and for imposing a license, not exceeding fifty dollars, ♦^o be paid for such license, and for enforcing the pay- ment of the same, and for preventing the sale of fresh meat in quantities less than the quarter carcase, unless by a person holding a valid license, antl in a place authorized by the Council — 1889, c. 40, sec. 40: (95) For preventing the forestalling, regrating or monopoly of market grains, wood, meats, fish, fruits, roots, vegetables and provisions of all kinds : (96) For preventing and regulating the purcha.se of such things by hucksters or runners within the city: (97) For establishing and regulating a public weighing w«i>rJiinK scale, and for imposing a reasonable fee therefor — 1889, ' "^^ ' '"'" c. 40, sec. 41. (98) For imposing penalties for light weight, or short u^ht Weight, count, or short measurement, in anything vended — 1889, c. 40, sec. 42. (99) For regulating the weight of bread, and preventing Broad, the use of deleterious materials in making bread, and for providing for the seizure and forfeiture of bread made contrary to the by-law : &o , I; ;■■',■ -■3 1 ,ii''Mf I ■ Am I 86 Taiiitud F()ud. Innpoctlon of Food. )| Kent of Stalls, III Distraint for. HI 1 Ad 11 lt« rated Milk. LIcennInK Milk Vendors. III Markets and Market Places. III 1 K if''''' Market Olerks. ^Bl jKCl iiJ^L, K§ "j^pgfPiv^ Rents for Stalls |H'> III Vehicles in > Markets. He I"-''"- / III: : Abattoirs. H *'!'» [ ■ ' 1 it'"'- ' H iil'-ii*' ■' (loo) P'or .seizing and destroying all tainted and unwhole- some meat, poultry, fish, or other articles of food : (igoa). For providing for the inspection of, and preventing the sale of, all cattle, animals, meat, poultry, fi.sh, and vegetables offered or exposed for sale — 1895, c. 68, sec. 28. (loi) For selling after six hours' notice, butchers' meat, fruit, fish, or other perishable articles, distrained for rent of market stalls — 1889, c. 40, sec. 43. (loiA.) For licensing and regulating milk vendors — 1892, c. 62, sec. 15. (102) For preventing the .sale of adulterated milk, cream, butter, and other articles of food, and for licensing milk vendors, and for inspecting all milk, cream, butter, and other articles of food offered or expo.sed for sale — 1895, c. 68, sec. 29. (103) For changing the site of any market place within the city, or to abolish any market or markets now in exist- ence, or hereafter to be in existence in the city ; and to appropriate the site or sites thereof, or any part or parts thereof, for any public purpose whatsoever, and to establish new markets : ( 104) For determining and regulating the powers and duties of the market clerks, and all other per.sons employed by the city in and about the said markets : (105) For imposing, regulating and fixing the rates to be paid by any person or persons selling or retailing any article of food in or at any of the markets in the city, and for regulating the conduct of all persons buying or selling in or at any of the said markets : (106) For regulating all vehicles of any kind in which any articles shall be exposed for sale in any public market, or in any street, or public place, or square within the city : (107) For designating or specifying such place or places within the city for, or for preventing and prohibiting unwhole- food : •reventing ti.sh, atul 15, c. 68, rs' meat, ainecl for ►rs — 1892, c, cream, sing milk itter, and de— 1895, vithin the / in exist- '• ; and to 't or parts •, and to md duties ployed by ites to be tiling any I the city, buying or vhich any c market, vithin the or places rohibiting 87 within the city limits, the slaughter of cattle, sheep, lambs, hogs and other animals usually used for food, and to compel ever}' and all persons to u.se the same for that purpose, and for building an abattoir or abattoirs. — 1891, c. 72, sec. 28: (108) For obtaining such real and personal property as may Obtaininfi: Real be required tor the use of the Corporation within the porato Purposes, limits of the said city or outside said limits if necessary, for the purposes of establishing cemeteries and parks ; and said Council shall have the power and authority under the said Council to sell and execute deeds for the purchase and sale of burial ilots in said cemeteries, and generally to exercise full pc -A^ers and control over said cemeteries and parks, as if the same were within the limits of the city, and for acquiring and constructing roads or .streets to the same if necessary, and other property, and for erecting, improving, and maintaining a city hall and other houses and buildings required by and being uy^^ the land of the Corporation, and for dispasing of such property when no longer required ; and for purcha.sing, leasing, erecting and maintaining public wharves when considered advisable — 1889, c. 40, sec. 44. (109) For the removal of any obstruction of whatsoever iiomovai of , 1 • J • r ii. ui- i. i. Obstructions in nature or kmd in any of the public squares, streets or streets. places within the .said city, and at the cost of the city or of the parties cr.u.sing the ob.struction : ( 1 10) For assessing the citizens residing in any particular Assessment f c r " , . . WuterinAT and Street, lane, .square or .section of the city, in any sum or sweeping .streets sums necessary to meet the expen.: Removal of Snow and Ice. Vtl.^ iiil 1 If !»■' • i' OonnectiiiK Drains with Public Sewer any manner, and to protect the same from encroach- ment and injury ; and also to determine the course of all water-courses passing through private property in the said city, and to regulate all matters concerning the same, whether the said water-courses be covered or not : (112) For opening, making, preserving, improving, repair- ing, widening, altering, diverting, stopping up and putting down drains, sewers, water-courses, roads, streets, squares, alleys, lanes, or other public com- munications within the jurisdiction of the Council, and for entering upon, breaking up, taking or using any land in any way necessary or convenient for the said purposes, and for conducting the dtains and sewers beyond the limits of said city for fertilizing purposes ; or into the waters of English Bay or Burrard Inlet, as is found practicable, and for entering upon, breaki'ig up, taking or using any land in any way necessary or convenient for the said purpose, and repairing and maintaining all bridges — 1889, c. 40, sec, 45. (113) For compelling persons to remove snow, ice and dirt from the roofs of the premises owned or occupied ^n' them, and also to remove the same from the sidewalks, street, alley or in front of such premises, and for re- moving the same at the expense of the owner or occupant in case of his default : '^ 114) For compelling owners, lessees of property to connect the same with any public sewer or drain or water-works system owned or constructed by the city, and for com- pelling or regulating the filling up, draining, clearing, altering, relaying and repairing of any grounds, yards, vacant lots, cellars, private drains, sinks, cesspools, and privies ; and for assessing the owners or occupiers of such grounds or yards, or o^ the real estate on which the cellars, private drains, sinks, cesspools, and privies are situate, with c^/sts thereof if done by the Council in their default ; and for removing and depositing the refuse, manure, rubbish and other matter to such place or places as the Council may determine, which may be tfiken from any of the places aforesaid- 1 893, c. 63, .sec. 1 5. encroach- course of roperty in oiicerniim e covered e:, repair- : up and s, roads, blic coni- incil, and ising any the said id sewers purposes ; Inlet, as breaki'ig ressary or iring and and dirt :upied 'n* idewalks, d for re- owner or o connect ter-works for corn- clearing, s, yards, )()ols, and :npiers of on which d privies onncil in iting the Lich olace li may l)e ^ sec. 15. ;C. \ i- 89 (lis) For making: any other regulations for sevveraere or s^wcraKp \ . e> J o o Hesrulatlons. drainage that may be deemea necessary for sanitary purposes, including the closing and preventing the further use of cesspools on all streets where sewers are built : (116) For authorizing any corporate gas, electric light, or AutiiorizingOa« water company to lay down pipes or conduits for the con- rompatiies to lay * . Pipes uuder veyance oi water or gas under streets or public squares, or streets. to erect poles and attachments for the purposes of electric or gas lighting, subject to such regulations as the Council sees fit, and for acquiring stock in or lending money to any such company, and for guaran- teeing the payment of money borrowed by, or of del)eiitures issued lor, money so borrowed by such company, or of interest on such moneys, provided the by-law is assented to by the electors as hereinbefore provided — I1S87, c. 37, sec. 22 ; 1889, c. 40, sec. 46. (117) For numbering the houses and lots along the streets Numiierinir of the city, and affixing the numbers to the houses, buildings, or other erections along the said streets, and for charging the owners of each house or lot with the expenses incident to the numbering of the same : I ' (118) For kec ping a record of the streets at\a numbers of Recordinsr the houses and lots r umbered thereon respectively, and &c. ' entering thereon a division of the streets with boundaries and distances for public inspection : Surveying: Street and Boundary Lines. Naming Streets. (119) For surveying, settling and marking the boundary line of all streets, roads, and other public communica- tions, and for giving names thereto, and affixing such names at the corners thereof on either public or private property ; and no by-law for altering the name of any street, square, road, lane, or other public communication shall have force or effect unless and until the by-law has been registered in the Registry Office of the county or other registration division : (i 19A.) To regulate the width of new .streets and roads, and width, Ac. of , . , , . . . StreetH. for preventing the laying out or construction of streets and lanes, unless in conhjnnity with existing streets, roads, or lanes, without the consent of the Council first obtained — 1895, ^' ^^'> ^^^- 3°' 90 II f.: t I Level, Material. &c., «>f Streets General Grade. Land and Bcnnh- marks in City. Public Traffic. Street Railways. What Streets may be used by Railways. Fast Driving. Sleigh Bells. Riding and riving on Public Streets. Nothing herein to repeal any other Act by implication. (119B) For regulating the plans, level, width, surface, in- clination, and the material of the pavement, roadway, and sidewalk of streets and roads — 1895, c. 68, sec. 30. ( 1 19c) For establi.shing a general grade for the streets and roads in the City — 1895, c. 68, .lec. 30. (119D) For establishing and maintaining land and bench marks in the City — 1895, c- ^8, sec. 30. (120) For regulating the conveyance of traffic in the public streets, and the width of all tires and wheels of all vehicles used for the conveyance of articles of burden, goods, wares or merchandise : (121) For authorizing the construction of any street rail- way or tramway upon any of the streets or highways within the city, and for regulating and governing the same, and for fixing the rates to be charged thereon : (121 a) For specifying and defining what streets or portions of streets may be used by any railway, tramway or water-power company hereafter coming into the city, .ind regulating the terms and conditions under which they may be used — 1895, c. 68, f^ic. 31. (122) For preventing immoderate and reckle.ss driving in highways or streets, for preventing the leading, riding, or driving of horses or cattle upon sidewalks or other places not proper therefor, or for preventing horses or mules in harness, during the winter .season, being driven without bells, and for preventing horses or other animals being left at large or .standing on any of the streets of the city without being .uifficieiitly secured to prevent them running away : (123) For regulating roads and streets, public bridges and driving and riding thereon — 1895, c. 68, sec. 32. (124) For regulating the supply of water and delivery thereof to the citizens. None of the provisions ot this section, or of any by-law passed thereunder, shall have the effect of repealing or superseding the provisions of face, in- oadway, sec. 30. eets and "# "-"«!;:■ id bench le public Is of all burden, eet rail- ighways ning the reon : portions [iway or he city, ;r which ( ;. -jl iving in , riding, or other lorses or g driven r other y of the :ured to gcs and delivery ot this all have sions of mC ™ \^ i- . 91 any general Act of this Province, or of any order in Council paSvSed in virtue thereof not hereby specially repealed — 1892, c. 62, sec. 21. (125) For obtaining such real and personal property as may obtftininK Pro- be required for the use of the Corporation, or for school P^I-poseH. '^ *^ purposes, and for the divsposing of such property, and for conveying and the execution of any conveyances of the same when no longer required, on such terms as may be deemed expedient, and to accept as payment therefor either money or real property : Provided, always, that any by-law providing for the disposal of any real property shall not be passed until the assent of the electors has been obtained, in conformity with and in manner provided by the requirements of the " Van- couver Incorporation Act, 1886," and amending Acts, in respect of by-laws for contracting debts — 1893, c. 63, sec. 16. (126) For purchasing, acquiring, holding, managing, and site for Free maintaining real property for the purpose of a site for a free public library or a partially free library in the City —1895, c. 38, sec. 33. (127) For leasing any land or vSelling any personal property Leasing and of the City which, in the opinion of the Council, is not proi!e?ty.*^ required for corporate purpOvSes : Provided, that in all cases where the lease shall extend over one year, or the personal property is over five hundred dollars in value, the consent of the ratepayers shall be at first ob- tained in manner provided for passing by-laws for creating debts — 1895, c. 68, sec. 34. ■ ■ i^f Proviso. { 128) It shall be lawful for the Council to grant, by resolu- tion, a sum of money out of the annual revenue to aid in celebrating the birthday of the reigning sovereign, the anniversary of the Confederation of the Dominion of Canada, and in support of or as a contribution to any exhibition or gathering to be held for the purpose of public sports or amusements that in the opinion of the Council may be for the benefit of the municipality, either within or without the municipal limits — 1898, c. — , sec. 6. 92 'I p,1 (I. By-L»WH for revulatinir. Ac Parka. Penaltius to unfuruo Haiiu*. Meotliijrs «f Park OoiiiiiiiMsluiierM. 81 Pillinjr VaoanoloH on the Uuard. Board tu make Annual Estimate of ExpeniUturu. Park Commissionkrs. 121. The Board of Park Commissioners may from time time pass by-laws for the use, regulation, protection, and government of the park or parks, the approaches thereto, and streets cotniecting the same, not inconsistent with the provis- ions of this Act, or any law of the Province. ( 1 ) The said Board shall have power to inflict penalties for the infraction of any by-law, and the same shall be enforced by the Police Magistrate of the city, or by any Justice of the Peace of the Province in the manner and to the extent that any by-law passed by the Council may be enforced : (2) The Chairman, or any two members may summon a special meeting of the Board, by giving at least two days' notice in writing to each member, specifying the purpose for which the meeting is called : (3) The office of any member of the said Board who shall be absent from the meetings of the Board for three successive months without leave of absence from the Board, or without reasons satisfactory to the Board, shall be declared vacant by the Board ; and notice thereof shall be given to the Council at the next meet- ing of the Council : (4) The said Board shall in the month of January in every year make up, or cause to be made up, an estimate of the sums required during the ensuing financial year for— (a) The interest of any money borrowed as herein mentioned ; (b) The amount of the sinking fund ; and ^^ (c) The expense of maintaining, improving, and man- aging the parks, boulevards, avenues and streets under their control : 122. The Board may at any time, pass, alter and repeal by-laws with the approval of the Council, for the punishment of the following offences, that is to say — 1889, c. 40, sec. 47. oni time on, and eto, and i provis- .■Kl I I ilties for shall be r by any nner and Council mnion a east two ying the ho shall "or three Tom the i Board, i notice xt meet- 1 J in every iniate of :ial year MB s herein ind man- i streets '•1 d repeal lishment lec. 47. IMAGE EVALUATION TEST TARGET (MT-S) ■^\^ % 1.0 l^|2JB |2.5 ■^ 1^ 12.2 ? ^ IIIIIM I.I ijii 1.25 1.4 1.6 ^ ' 6" >■ % y] 7: '^ > M Photographic Sciences Corporation 73 WKT MAIN TRIIT ViitSSTf ! f: V. i4580 (716) £72-4503 d epto •^ " liolu an,v Munl- which he is elected, be eligible or appointed to any eipaion'ce. office under the city : (5) The Council may by by-law make any regulations for council to regu- the procedure and conduct of the business which they B(y-i!^iiw;^ ""^^ ^ may think desirable. — 1895. c. 68, sec. 38. Remuneration ok Mayor. 136. The Mayor shall be chief executive officer of the Remuneration of Corporation, and it shall be his duty to be vigilant and active ^ '^"' at all times in causing the law for the government of the muni- cipality to be duly executed and put in force ; to inspect the |i conduct of all subordinate officers in the government thereof, and, so far as may be in his power, to cause all negligence. 1, I ;i I'l'' TreiisuNir t«» Ih> appoliitod. Duty of TroAsH. rur loroevlvoand dtsburMo all MunuyH. To keep an acuouiit of all MoneyM uaid out and roouivod. iiri TreaHiiiHir to deposit In Hank dally. Rooks and Ac- uounts to Itu «»p(>n to Inspnution. Financial Slat«- niont at cIohd of tho Year. 98 careles.sne.ss, and po.sitive violation of duty to be duly prcse- cuted and punished ; and to communicate from time to time to the Council all such information, and recommend such measures within the powers of the Council, as may tend to the improve- ment of the finances, health, security, cleanliness, comfort and ornaments of the municipality; and the Council may by by-law fix a sum not exceeding two thousand dollars to be paid to the Mayor annually — 1886, c. 32, sec 151 ; 1889, c. 40, sec. 48. Treasurer. 137. The Council shall appoint a Treasurer — 1887, c. 37, sec. 23. r (i) It shall be the duty of the Treasurer to receive all moneys paid into the city treasury from whatever source, and to pay out the same only when ordered by City Council, on warrant signed by the Mayor and City » Clerk: (2) The Treasurer shall keep a complete and accurate account of all moneys by him received, showing the amount thereof, the time when, and from whom and on what account received, and also of all disbursements by him made, showing the amount thereof, the time when, I and to whom paid — 1889, c. 40, sec. 49. . (3) The Treasurer shall daily (Sundays excepted) depo.sit, or cause to be deposited, all moneys belonging to the city in some bank to be designated by the Council — 1895, c. 68, sec. 39. (4) The books, accounts and vouchers of the Treasurer, and all moneys remaining in the city treasury, .shall at all times be subject to the inspection and examination of the auditors, the finance committee, and any member of the Council : (5) The Trea.surer shall, during the week succeeding the 3 1. St day of December in each year, make a full state- ment to the finance committee of the amount of all his accounts for the year ending the 31st day of December, and shall through said committee report to the Council an abstract of all his receipts and disbursements to ar.i from each fund of the city : IPMH* iuly prose- to time to h measures e iraprove- )mfort and by by-law )aid to the I, sec. 48. 887. c. 37, "eceive all whatever •rdered by r and City ^ ^ 1 accurate »wing the m and on ments by tne when, I deposit, ig to the !^ouncil — mrer,and lall at all nation of member ding the uU state- of all his ecember. Council s to av.6 k» m I .1 » ;■ I Ml, i Ivl i:; bH ■]: ■HillllllB li ' H|;8||ul li' ■M !■: n|m|| i'' IH iv (< 99 (6) The Treasurer on eoing out of office shall deliver to his On louvinfroflrteo ^ -' ,,,,.,, , »«» hand over iiU successor all public moneys, books, accounts, papers and Hooks, i»apt^rs, &u documents in his possession ; and in case of his death the finance committee shall take possession of and keep the same until a successor is appointed : (7) The Treasurer shall report to the first regular meeting Ucport totiiofirHt .,„ ... , ,, . iT«rii I jir mooting. of the Council in each month, the amount of money at the credit of the city, .specifying the fund to which it belongs : (8) On presentation of certificates of indebtedness issued Disimrsomont of , r ^. ^, , , . , ,rt , Municipal Funds. by the City Clerk to the said Treasurer, and counter- signed or certified by the Mayor, or acting Mayor, the Treasurer .shall pay the same from an unexpended » balance to the credit of the fund properly chargeable therewith. All payments made on account of pay rolls shall be made by the Treasurer after the same have been audited by the accountant or comptroller and placed in his hands therefor — 1895, c. 68, sec. 40. (9) The Treasurer shall take an oath of office and give Treasurer's Oath ^^ *=• ot t ittloo and bonds to the satisfaction of the Council in the sum of security, fifteen thousand dollars, or such other sum as the Council may by resolution enter on the minutes or by by-law appoint, conditioned for the faithful performance of his duties, and shall further perform such other duties as the Council may require : ;':; 4 i (10) The Treasurer .shall, on or before the second Tuesday in May in each year, submit to the Council a report of the estimates nece.s.sary as near as may be to defray the expen.se of the city government during the current fi.scal year. He shall, in .such report, cla.ss the different objects of the .said city expenditures, giving as nearly as may be the amount required. He shall viake a vStatement of all contracts made or directed i>y the Council, and not performed or completed, and upon which any money remains unpaid, with the amount so unpaid on each, and for this purpose he shall require the City Engineer and other officers and heads of de- partments to furni.sh such information as he needs to enable him to fulfil the duties impo.sed on him by this Estlnuitosof E\|MMidlture for tlio current Year. Statoniont of all Contracts made. m Liabilities. '•¥ Accountant or Comptroller to be appointed. 1-1 ii\\ Appointment of i;! Officers. .1 Office to Ik? hold duriniur ffood beliaviour, and subject to Tln»e Montlis' Notice. ill 3 It ,' Duties to he de- |k 'i fined liy By-Law. lOO section; he shall also in such report show the aggregate income of the preceding fiscal year from all sources, the amount of all liabilities outstanding, and of all bonds, interest, and other kinds of city debts, payable during the year and when due, so that the Council may fully understand the money exigencies and demands of the City for the ensuing year : ( 1 1 ) There shall be appointed an officer, to be known as the Accountant or Comptroller of the city, who shall per- form such duties as Accountant or Comptroller thereof as may be prescribed in the Procedure By-Law of the city, and the Council may, in fixing the duties to be so performed by .said Accountant or Comptroller, direct that he shall perform such and so many of the duties of the Treasurer and City Clerk, respectively, as shall be defined in said by-law, anything contained in the "Vancouver Incorporation Act, i886," and amending Acts to the contrary, notwithstanding — 1886, c. 32, sec. 152 ; 1887, c. 37, .sec. 23 ; 1889, c. 40, sec. 49. Ol'KTCKRS OF THK CORPORATION. 138. The Council shall appoint such officers, by resolu- tion to be entered on the minutes, to fill or occupy positions within the gift of the Council, as may from time to time become vacant, or as it may deem neces,sary and expedient to carry on the good government of the city and the provisions of this Act — 1886, c. 32, sec. 153 ; 1S89, c. 40, sec. 50. 139. Any person holding any office to which he has been properly appointed by the Council shall hold the same during good behavior and efficiency, and notwith.standing any contract or agreement to the contrary, the Council or the employee may terminate any engagement by giving to the other one month's notice in writing — 1886, c. 32, sec. 154; 1887, c. 37, .sec. 24 ; 1892, c. 62, sec. 17. 140. All officers in the employ of the Council .shall do, execute and perform such services as the Council may from time to time by by-law define ; provided, however, that no by-law shall alter any of the duties imposed by this Act— 1886, c. 32, sec. 156. . aggregate aurces, the all bonds, ble during may fully nds of the own as the shall per- ler thereof (l bv City Officials l«» tH' paifl cat" 1 1 day to Tn'asurcr. 143. All moneys belonging to the city, received by an officer or agent thereof, either from collections, loans, fees, fines and penalties, or otherwise, shall be deposited in the city treasury once a day, and in case the provisions of this section are not complied with, it shall be the Treasurer's duty to •^eport any delinquencies to the Mayor and Clerk. The Treasurer shall make duplicate receipts in all cases, one from Receipts for the party paying, and one for the Clerk, which shall set out or pauf.'^'^^^'^'^ . the amounts, and on what account paid, and to what account credited. All payments on account of pay-rolls shall be made by the Treasurer after the same have been audited by the City Clerk, and placed in his hands therefor. All payments of salaries or wages shall be paid by the Treasurer, who shall pay each person or his legal reprevSentative, and take a proper receipt therefor — 1886 — , c. 32, sec. 159. APPROPRIAT10N.S. 14 . No appropriation shall be made from any revenue No appropriation f,.' -, ,. , i-,-, bt-yond Cash in tund Ml excess of the amount standing to the credit of such iiand. fund ; nor shall it be made for purposes to which the money therein is not applicable by law — 1886, c. 32, sec. 160. ij. .'■vifl 1il ■ 'I 145. No money shall be paid out of the treasury except warrants for on the warrant of the City Clerk, countersigned by the Mayor, kS."*'''^'*^ or acting Mayor, and no warrants shall be i.ssued on any appropriation unless there is an unexpended balance to the credit thereof, sufficient to cover such warrant, and money in the treasury to pay it — 1886, c. 32. sec. 161. " i'J 1 Iff m Eli" ! (Tiiadjiistod and iiuditod Accounts Enforcing .ludp- monts af^ainst theUlty. Spool al Assess- ment to lie made and Rate levied. Collecti r to Col- lect Same and Make Return thereof to the Sheriff. I02 146. All unadjusted accounts before they are audited I must be certified by the officer having knowledge of the facts, and audited accounts shall be n gistered in the Clerk's office, and filed and preserved as vouchers in such office — 1886, c. 32, sec. 162. \ Actions and Judgmknts against thk City. 147. In the event of a final judgment, or judgments, obtained against the Council in any Court of Law having jurisdiction in this Province, in respect of any debt due by said Council to any person or persons, company or corporate body, residing or being in the said Province or elsewhere, and the .said Council being unable, or from any cause unwilling, or refusing to pay the sane, the Sheriff of the district in which said city is situated, .shall issue a warrant under his hand and seal, directed to the Assessor or Asses.sors of the City for the time being, whose duty it shall then be, with all due diligence, to proceed and make a special assessment of all real and personal property within the limits of .said City of Vancouver liable to taxation in the .same manner in which the annual assessment is made and to return the assessment rolls to the said Sheriff, who shall cause a Collector's roll to be made out from said assessment roll, and shall levy an equal special rate on all property so assessed, such rate to be sufficient when collected (and allowing a reasonable allowance for uncollectable taxes) to pay the said judgment or judgments, together with legal costs and expenses ; and the said Sheriff shall place the said rolls in the hands of the Collector for the city for the time being, whose duty it shall be to proceed with all due diligence to collect the said special rate in the same manner as herein provided for the collection of taxes levied by the said Council, and to make a return thereof to the said Sheriff in the same manner as herein provided for the return to the Treasurer of the ordinary taxes levied by said Council, and the Sheriff shall forthwith pay the amount of the .said judgment or judgments out of such special rate so levied and collected, and shall pay the said Assessor or Assessors and Collector for their .services, as herein provided, a reasonable sum, bavSed upon the actual time occnpied in making such assessment and collection : Rherlff to Pay Over- I'lus.lf any, to Treasurer. , ( I ) Any amount remaining in the possession of said Sheriff i of the said special rate (levied and collected as herein- ^ t*u are audited of the facts, lerk's office, -1886, c. 32, City. judgments, L^aw having t due by said porate body, ere, and the inwilling, or let in which is hand and City for the le diligence, ill real and Vancouver the annual ; rolls to the be made out special rate icient when mcollectable g:ether with ill place the for the time ue diligence r as herein lid Council, n the same treasurer of Sheriff shall judgments id shall pay ;ir services, the actual :tioii : iB-f said Sheriff i as herein- wmm \agi\mj\i i-t'-Jipi m '«,■ irr ii'^ I03 ,j»j before provided), after payment of the said judgment or judgments, and all legal costs connected therewith, shall be forthwith paid by him to the Treasurers of the city, for the general purposes of the said city, and he shall also make a return of the said Assessor's and Collector's rolls, an account, in detail, of all expenses and disbursements and costs, and all proceedings con- nected therewith, to the City Clerk, who shall lay the same before the Council at the next meeting thereafter : (2) The said Council, shall if it see fit to do so, submit the sheriff's costs, account of the said Sheriff, of the expenses, disburse- Taxed, ments and costs arising out of, or connected with, the said special assessment, to one of the Judges of the Supreme Court, or the Judge of the County Court having jurisdiction in said city, who shall, on notice to said Sheriff, tax the same, and allow such items as to him shall seem just and right : Provided, that no No Execution ■' . ^ . . ' . ., until afterao execution shall issue in any suit against the city until i>tty9- the expiration of twenty days after the entry of final judgment therein — 1886, c. 32, sec. 163. 147A. In case an action is brought against the Corporation city's it««mody in to recover damages sustained by reason of an obstruction, for Damages, excavation, cellar, or opening under, in, or adjoining any street, lane, square, public highway, or bridge, placed, made, left, or maintained, by any person, persons, or body corporate, other than a servant or agent of the said City of Vancouver, the said city shall have a remedy over against the person, persons, or body corporate, and may enforce payment accord- ingly of the damages and costs, if any, which the plaintiff in the action may recover against the said city : Provided, nevertheless, that the said city shall only be entitled to the said remedy over against if the person, persons, or body corporate shall be made a party to the action, and if it shall be established in the action as against the person, persons, or body corporate that the damages were sustained by reason of an obstruction, excavation, cellar, or opening as aforesaid, placed, made, left, or maintained by the person, persons, or body corporate added as a party defendant or third party for the purposes thereof, if the same is or are not already a defendant or defendants in the action jointly with the said city; and the said person, persons, or body corporals may m I04 defend the said action as well against the plaintiff's claim as against the claim of the said city to a remedy over against, and the Court or Judge may, upon the trial of such action, order costs to be paid by or to any of the parties thereto, or in respect of any claim set up therein, as in other cases — 1893, c. 63, sec. 17. Against liiietlltv ^^7^- ^^^ actions or suits for indemnity for any damages within^lrie Vea/' °^ injuries sustained by reason of any neglect of duty by the city shall be commenced within one year after the cause of such action shall have arisen, but ?iot afterwards — i895,c. 68, sec. 41. 147c. Where a solicitor or counsel is employed by the Council, whose remuneration is wholly or partly by salary, annual or otherwise, the municipality shall notwithstanding, have the right to recover and collect lawful costs in all actions and proceedings in the same manner as if the solicitor or counsel was not receiving a salary, when the costs are, by the terms of his employment, payable to the solicitor or counsel as part of his remuneration in addition to his salary. Tenders for Piintlng to be Called for Annually. luisltions for and Purchase of Stationery Sup- plies. i Printing, Stationery, and Suppues. 148. It .shall be the duty of the City Clerk, on or before the first day of January in each and every year, lo advertise for tenders for all printing and blank work of any kind and description ; and such tenders when received shall be opened by the City Clerk subject to such restrictions as the Council shall determine, who .shall report the .same to the Council, designating the lowest responsible bidder or bidders ; and the Council may enter into contract with the said lowest bidder, or bidders, as the Council may direct ; such contract or contracts being subject to the approval of the Council — 1886, c. 32, sec. 164. 149. The City Clerk shall order and purchase all supplies, .so far as the same relate to paper, envelopes, stationery, sundries, and miscellaneous supplies, and he shall issue the .same upon the written requivsition of the several boards and heads of the city government. He shall keep a record of all such purchases and requisitions in a book provided for that purpose, and shall make therefrom a semi-annual report, in detail to the Council. A transcript of all bills for printing, m 's claim as fainst, and :ion, order reto, or in ses— 1893, y damages :ity by the ; cause of 895. c. 68, ed by the 3y salary, [Standing, ill actions )licitor or •e, by the counsel as or before advertise kind and >e opened s Council Council, ; and the st bidder, itract or ;il— 1886, supplies, ationery, issue the ards and >rd of all for that eport, in printing, ( / II 'It' jHii ^1 mX 1 i ■ i.i'f » I* I05 stationery, and blank work of every description used in the several departments, shall he filetl with the City Clerk, who shall enter the same upon the record and include the same in his report as herein provided — 1886. c. 32, sec. 165. 150. No officer or head of any department of the City of Ji',.'^„J'|^*]^'* '" \'ancouver shall order printing done, or supplies of any kind siippiu-H. kv. provided in this Act ; and no claim for such printing and supplies shall be paid unless it is incurred according to the provisions of this Act — 1886, c. 32, sec. 166. , I SI. No officer, department, or head of anv department Anniiai iiefHirf* , , ^ ... ■ , Printed by Crdir of the City, shall be permitted to order any annual re|)orts or of (.'oimfiioniy. statements printed at the expense of the city, except by order of the City Council — 1886, c. 32, sec. 167. I IS2. No bills for printing and supplies, as are contem- Riiisfor PrintinR plated by this Act, shall be allowed unless they are contracted utjjeiwjse t' J ' •' Ordered not to for under the provisions of this Act — 1886, c. 32, sec. 168. be Paid. 15^. All bills contracted for under the provisions of this ;V.?i"jJll'^ *^»' * f erMHed by Act, before they are paid, shall have the endorseme»;t of the ('•«'•*. City Clerks — 1886, c. 32, sec. 169. s , ,^ m I i; LicKNSiNi; (Liquor). 154. The Licensing Board of the City may from time to By-Laws for time, by resolution of a majority of their number, pass by-laws for defining the conditions and requirements to obtain hotel licenses for the retail within the city of spirituous, fermented, or other intoxicating liquors, shop licen.ses for the sale within the City of such liquors in shops or places of public entertain- ment, and also wholesale licenses for the sale by wholesale within the City of such liquors in warehoUvSes, stores, or shops, for imposing and enforcing a penalty or penalties, and direct- Andforimoosii ing the mode of collecting and collecting the same ; and, in seiUngrHquor ,^ , , . ^. , I* ^'. Without Liceni default of payment, imposing a penalty by way of fine or im- prisonment against persons for selling intoxicating liquors within the City of Vaiicouver without first having obtained a license therefor from the pro|5er officer or officers whose duty it may be to issue the said license or licenses, and for limiting the number of licenses for hotels, shops, and saloons to be issued in the City, and for regulating and cancelling of licenses before the expiry of the time for which such licenses were -'. M )-s: / 1 i Prohibits Sale of Liquor Durlnt; Election. 1 1 1 m i io6 issued, and for appointing inspectors or such other officers as the Board may deem necessary for the efficient regulating of houses of entertainment or other places for the sale of liquor, and for the efficient regulating and governing of hotels, shops, Saloons, and places for which licenses to sell liquor have been issued, and in which liquor is sold, and the proprietor or pro- prietors of the same, and regulating the sale of such liquors: Provided this section shall not be construed to empower the Board to pass any by-law to regulate the fees or duties upon any license for the sale within the City of vSpirituous or other intoxicating liquors to be paid to the Corporation. Any by-laws passed by the Board under this section shall have the full force and effect of City by-laws, and as if they had been passed by the Council under the powers conferred on them to pass by-laws in the said " Incorporation Act, i886," or any amendments thereto : Provided that any by-laws passed here- under shall not come into effect until seven days from the publication thereof in the British Columbia Gazette, a copy whereof shall be evidence in all courts of the Province of the contents of any such by-law. In and by any such by-laws the lyicensing Board may impose penalties for the infraction there- of, which shall be recoverable in the same manner as penalties for the infraction of any by-laws passed by the Council of the City — 1893, c. 63, sec. 24. 154A. No sale or other divSpOvSal of liquors shall take place in any hotel or saloon licensed for the sale of intoxicating liquors, on any polling day for any civic election between the hours of nine in the morning and six in the evening — 1893, c. 63, sec. 24. Police Commissioners 155. The Council shall, annually by resolution, appoint from amongst their number a Board of Police Commissioners for the city, and by by-law define and limit the powers and duties of the said Board — 1890, c. 68, sec. 7 ; 1891, c. 72, sec. 34. 156. The first appointment by by-law referred to in the preceding section shall be made immediately after the passing of this Act, and thence annually thereafter — 1890, c. 68, sec. 8. r ■ officers as adulating of i of liquor, tels, shops, have been tor or pro- I liquors: ipower the uties upon IS or other on. Any II have the had been Dii them to 3," or any issed here- ; from the :te, a copy ince of the y-laws the tion there- s penalties ncil of the shall take toxicating itween the :— 1893, c. ■!*''■■'• n, appoint niissioners 3wers and S91, c. 72, to in the le passing 68, sec. 8. li,- ^ ^M P'Hfid^i lO/ 157. The Board of Police Commissioners, appointed by Hoard of rommis. , r .,,.,, , . r, ,. KiiuHirs of Police, by-law as aforesaid, shall have the power to issue all licenses, orwhomCom- other than liquor licenses, subject to the rules and regulations prescribed b>' the by-laws of the city ; and all licenses for the sale of intoxicating liquors shall be granted and issued by a Licensing Board which will consist of five members, of whom the Mayor or Acting Mayor shall be one, two persons who shall be elected by the voters in accordance with the provisions contained and in the manner directed for the election of Mayor, and two persons who shall be appointed by the Lieutenant- Governor in Council, on or before the ist day of February in each year, any three of whom shall form a quorum which Board shall also have the power to transfer or revoke any liquor license — 1890, c. 68, sec. 9 ; 1891, c. 72, sec. 33 ; 1892, -; c. 62, sec. 22 and 23, ^ 158. The members of the police force shall be appointed Appointment of by and hold their offices at the pleasure of the Board, and shall take and subscribe the following oath : — "I, A.B., do swear that I will well and truly serve Our OathofOfflee. Sovereign Lady the Queen, in the office of Police Constable for the City of Vancouver without fear, favor, or affection, malice or ill will ; that I will, to the best of my power and ability, cause the peace to be kept and preserved, and will prevent all offences against the person and properties of Her Majesty's subjects and others, and that I will to the best of my skill and knowledge, discharge all the duties thereof faithfully and according to law. So help me God." — 1886, c. 32, sec. 180. P01.1CE Magistrate. 159. Every Police Magistrate in and for the said City shall be appointed by the Lieutenant-Governor in Council, and shall hold office during pleasure ; and any such appointment may be cancelled by older of the Lieutenant-Governor in Council. The Lieutenant-Governor shall by an order in Council fix and may from time to time vary the salary to be paid to such Magistrate, and said salary shall be paid by the municipality. 159A. Every Police Magistrate appointed under this Act by the Lieutenant-Governor in Council shall, ex-officio, be a, i^i;Ml io8 Justice of the Peace for the Electoral District for which, or for part of which, he has been so appointed. 159B. The Police Magistrate, by virtue of his appoint- ment as Police Magistrate, shall be a Stipendiary Magistrate for the jurisdiction in which he exercises the office of Police Magistrate, and shall have and exercise, within the City, all the lawful powers and authorities which are by law had and exercised by any Stipendiary Magistrate of this Province, and shall have full power to do alone whatever is authorized by any statute in force in this Province to be done by two or more Justices of the Peace; and e\'ery Police Magistrate shall have such power while acting anywhere within the Electoral District for which he is, ex-officio, a Justice of the Peace. 159c. In case of the illness or absence, or at the request of the Police Magistrate, any two or more Justices of the Peace maj' act in his place in any matter within the jurisdic- tion of the Police Magistrate, and such Justices of the Peace, or a majority of them, shall in such case have all the powers which by any statute are given to Police Magistrates in the Province ; but this section shall not be construed to prevent one Justice of the Peace from acting for a Police Magistrate wherever by law one Justice of the Peace has jurisdiction in that behalf. 159D. The following oath, and also the oath of allegiance, asset forth in Form B of the " Magistrates' Act," vshall be taken by the Police Magistrate, and the same may be taken before any Justice of the Peace, who is hereby authorized to administer the same : — I, , swear that, as Police Magistrate for the Municipality of the City of Vancouver, in the Prov- ince of British Columbia, in all articles in the Queen's Commission to me directed, I will do equal right to the poor and to the rich, after my cunning, wit and power, and after the laws and customs of the realm and statutes thereof made, and that I will take noth- ing for my office of Police Magistrate to be done but of the Queen, and fees accustomed, and costs limited by statute. So help me God. r f (Signature of Police Magistrate. ) ch, or for > appoint- lagistrate of Police City, all had and ince, and orized by )y two or rate shall Electoral 2ace. e request es of the jurisdic- le Peace, e powers !S in the ► prevent agistrate liction in ii , legiance, shall be be taken orized to e for the he Prov- Oiieen's right to wit and he realm ke noth- ione but » limited it.!'! e.) ftji Sworn and subscribed by the ' said before me at , this i day of , 189 . 159K. Kvery oath of office or allegiance taken by a Police Magistrate shall forthwith, after the same is taken, be transmitted or delivered by the Police Magistrate to the Pro- vincial Secretary, who shall file the same among the records of his office. 159K. The Police Magistrate, and no partner or clerk of his, shall act as solicitor, agent, or counsel in any cause, matter, prosecution or proceeding of a criminal nature ; nor shall such Police Magistrate, partner or clerk, act as aforesaid in any case which by law may be investigated or tried before ;' a Magistrate or Justice of the Peace. 159G. The Council of the City shall establish therein a j)olice office, and the Police Magistrate shall attend at such police office daily, or at such times and for such period as may he necessary, for the disposal of the business brought before him as a Justice of the Peace. 159H. The Clerk of the Council, or such other person as the Council may appoint for that purpose, shall be the clerk of the police office thereof, and perform the same duties and receive the same emoluments as Clerks of Justices of the Peace; but in case the sai I Clerk is paid by a fixed salary, the fees received by him as such Clerk shall be paid by him to the City, and form part of its funds. In the absence of a Clerk the Police Magistrate may act without one, or may appoint any person to act temporarily as Clerk. 1591. No Justice of the Peace shall admit to bail or dis- charge a prisoner, or adjudicate upon or otherwise act in any case for the city, except in the case of the illness, or absence, or at the request of the Police Magistrate — 1898, c. , sec. 6. 160. The Council may appoint a Police Court Clerk and Appointment of define his duties and salary— 1895, c. 68, sec. 42. clerk: ^''*"'"*' 161. The Mayor shall be ex-officio Justice of the Peace Mayor to be Ex- in and for the city during his term of office ; the Mayor and fbS'peice."'''*' "' Police Magistrate shall have jurisdiction to try and determine ■>' J ■UH JuriHdiotion over all prosecutioiis for offences committed against the by-laws of Certain Offences. - . -. - . ^ . , the city, for refusing to accept office therein or to make the declaration of qualification of office respectively, or in addition thereto the same rights and jurisdiction as other Justices of the Peace — 1886, c. 32, sec. 188. Offender may be Ounvlctedon Evidence of One Credible Witness r / Distress for Penalty. Oommttment if no Distress Found. All Fines to go to the (Mty. .. Keeper of I i> " Licensed House I ': may l)o Sum- 1,1; ; moned for Dis- i;:j-.;; orderly Conduct ? V Therein. ||: <; Cancel linflT, &c., |ii' , License. Custody of Per- sons Committed by Mayor or Pol- ice Magistrate. !!;|i „ . Jans,.- 162. The Mayor or Police Magistrate before whom a prosecution is had for any offence, may convict the offender on the oath or affirmation of any credible witness, and shall award the penalty or punishment imposed by law with the costs of prosecution ; and may by warrant under the hand and seal of the Justice, or other authority, or in case two or more Justices act together therein, then under the hand and seal of .said Justices, cause any pecuniary penalty and costs, or costs only, if not forthwith paid, to be levied by distress and sale of the goods and chattels of the offender — 1886, c- 32, 191. 163. In case of there being no distress found out of which the penalty can be levied, the Justice may commit the offender to the district gaol, house of correction, or nearest lock-up house, for the time specified in the by-law, and with or without hard labor — 1886, c. 32, sec. 192. 164. All pecuniary penalties levied under this Act shall go to the Corporation of the city — 1886, c. 32, sec. 193. 165. The Mayor, with any one Justice of the Peace or Police Magistrate alone, upon complaint made on oath to them or any of them, of riotous or disorderly conduct in any hotel, inn or tavern, ale or beer house situate in the city, may sum- mon the keeper of an hotel, inn, tavern, ale or beer house, to answer the complaint, and may investigate the same or hear the same summarily, and either dismiss the complaint or convict the keeper of having a riotous and disorderly house and annul his license or suspend the same for not more than one hundred days, with or without costs, as in their discretion may seem just — 1886, c. 32, sec. 194. v 166. The gaoler of the district shall be bound, and he is hereby authorized and required, to receive and safely keep until duly discharged, all per.sons committed to his charge by the Mayor, Police Magistrate, or any Justice of the Peace having jurisdiction in the said city, and the city shall pay to the Province, or other duly constituted authority having by-laws of make the in addition Justices of 'f}h e whom a sfTender on hall award e costs of ind seal of re Justices al of said costs only, lale of the nd out of ommit the or nearest and with Act shall [93- Peace or h to them my hotel, may sum- house, to e or hear iplaint or 'ly house lore than discretion 1 f ■,! ■(;■ • I' ■■ .'i If-' \C 1 and he is ely keep harge by lie Peace dl pay to ' having hM w Ill jurisdiction, such compensation therefor, and for the care and maintenance of persons, as may be mutually aj^reed on, or be fixed by the Lieutenant-Governor in Council in case of dis- agreement — 1886, c. 32, sec. 195. 167. All fines and penalties imposed under the said Act, 0! for enforcing any law of this Province made in relation to any matter coming within any of the classes enumerated in section 92 of the "British North i^merica Act, 1867," imposed within the said city, and to whicli the city may be entitled, and all fines and penalties for offences against the by-laws of the city, shall be paid into the city exchequer — 1887, c. 37, sec. 30. Expropriations. 168. The Council of the City of Vancouver shall have Power to open, full power and authority to order by by-law the opening, widen'^s't'r^ts. extending or widening of streets, lanes, public places, squares, JtriuaBSidinffs and highways, or the construction of a public wharf or *"** ^^'"*'"^®^- wharves, reservoir or reservoirs, and such public buildings, drains or water-courses or sewers, and to order at the same time that such improvements should be made out of the city funds, or that the cost thereof shall be ajisessed in whole or in part upon the pieces or parcels of land belonging to parties interested in, or benefitted by, said improvements, and to purchase, acquire, take and enter into any land, ground, or real property whatsoever within the limits of the said city, either by private agreement, amicable arrangement between the Council of the said city and corporation or other persons interested, or by complying with all the formalities herein- after prescribed for opening streets, squares, markets or other public places, or for continuing, enlarging or improving the same, or a portion of the same, or as site for any public wharf or wharves, or public buildings to be erected by the said Council : ( I ) All corporations or bodies, and all persons, guardians, executors, administrators, or trustees who are or shall be seized or possessed of or interested in any piece or pieces, lot or lots, of ground or real property within the said city, selected by the said Council for any of the purposes aforesaid, may not only for themselves. Tnistpcs and Others Acting In a Representative f'apacity may St'fl ana ('onvey to tlie City Land Sflected for any of ttie Purposes Aforesaid. ',\> 1 12 \i t I oily not 1o Ih> KeHpoiiNlbUUlllU|iV^«. but for and on behalf of the person whom they repre- sent, or for whom, or in trust for whom, they are or shall be seized, or possessed, or interested, whether minors, lunatics, idiot, femme covert, or other persons contract for, sell and convey such piece or pieces, lot or lots of jjround or real property to the said Corporation ; and such contracts, sales and conveyances shall be valid and efTectual in law for conveyinj^ estate or interest therein, to all intents and purposes whatsoever, any law or custom to the contrary nothwithstanding, and the CoriK>ration of the City of Vancouver shall not in any case be resp()nsil)le for the application of the pur- chase money ; and all corporations and persons whatso- ever so contracting, selling, or conveying as aforesaid are hereby indemnified for and in respect of such sale or cession which he, she, or they shall respective!) make by virtue of or in pursuance of this Act, without however, diminishing in any manner the responsibility of such corporation or persons toward those whom they represent, as regards the purchase money or compensa- tion of such sale or conveyance : (2) The Council shall make to the owners or occupiers of or other persons interested in, real property, entered upon, taken or used by the Corporation in the exercise of any of its powers, or injuriously affected by the exercise of any of its powers, due compensation for any damages (including the cost of fencing when required), necessarily resulting frou, the exercise of such powers, and any claim for sucli crnnpensation, if not mutually agreed upon, shall be determined by arbitration under the following sub-sections : ApUoilltDUMit of Arolti'utoi-s to Ih? In >Viltlntr. ( 3 ) The appointment of all arbitrators shall be in writing under the hand of the appointers and under the Cc porate Seal of the Corporation : »t I Either Partv m A tUHV Appoint i-uitratur. t (4) Either party may appoint an arbitrator and give notice thereof in writing to the other party, calling upon such party to appoint an arbitrator on behalf of the party to whom such notice is given ; the notice to be given to the Council shall be given to the City Clerk : hey repre- ley are or I, whether ler persons jces, lot or rporatioii ; ill be valid )r interest >ever, any ditijf, and lall not in )f the pur- ls whatso- a foresaid such sale 'spectivel\ t, without ponsibility iioni they jonipensa- ::npiers of ', entered e exercise ;d by the Ml for any required ) , h powers, mutually ion under in writing the Cc ive notice ipon such the party e given to I . .t- V m ji i' I- J, w w mt 'M ' 113 « (5) The two arbitrators appointed by or for the parties Third Arbitrator shall, within seven days from the apjxjintment of the lastly named jf the two arbitrators, appoint in writing a third abritrator : (6) If for twenty days after having received a notice to 1m i>efaiiitof ,. , .-, . Ai)iM>l!itineiitof apponit an abritrator, the party notified omits to Third Arbitrator • . I •. . ■( e f. .1 JiHiir« to Appoint appoint an arbitrator, or if tor seven cays after the second arbitrator has been appointed, the two arbitrators omit to appoint a third arbitrator, the Judge of the County Court having jurisdiction in the city, may appoint an arbitrator for the party in default, or a third arbitrator as the case may require : (7) The arbitrators shall make their award in writing Arbitiator"* within one month after the appointment of the third arbitrator, or within such further time as a Judge of the Supreme Court, on cause shown, may decide : I (8) No officer or person in the employmeiit of the city, nor any person interested, shall be appointed or act as arbitrator under this Act : Award, Who may be Arbitrators. (9) The arbitrators shall, within twenty days after the ^leetinKof appointment of the third arbitrator, meet at such place Arbitrators, a:-, they may agree upon to hear and determine the matter in dispute, with power to adjourii from time to time, and shall make their award in writing : W (10) The arbitrators shall have power, by writing, signed by any one of them, to summon before them any witness or witnesses which either party to tlie said reference may desi;e to call, and to examine the said witnesses upon oath or solemn affirmation to be administered by any of the said arbitrators, and to order the production before them of any bocks, documentr., accounts, vouchers, papers and memoranda of any description which they n.ay deem necessary for the pui poses of the said refererce : (11) The arbitrators shall have the power to vnvard the Cobts. payment by any of the parties to the other of the costs of the arbitration, or of any portion thereof, and may power to Suni- riKtii WltueBSi*!!. 114 Decision of Major: ..y Final. Lefiral Tender of Amount of Award Entitles Oorporatlo!\ to Possession. Award to bo Deemed tlio Title of the Corpora- tion. Assessments under this Sec- tion to he made in Same Manner as Ordinary Assessments, either direct tlie payment of any fixed sum, or that the costs should be taxed on either the scale of the County Court or Supreme Court of Briti.sh Columbia : (12) In case of a difference between the arbitrators the decision of the majority of them shall be conclusive : (13) Upon payment or legal tender of the amount so awarded or agreed upon to the person entitled to receive the same or upon payment to the Supreme Court of British Columbia of the amount of such compensation the award or agreement shall vest in the Corporation power forthwith to take possession of the lands, the subject of the award or agreement, and if any resistance or forcible opposition is made by any person to its so doiag, a Judge of the Supreme Court of Briti.sh Colum- bia or County Court having jurisdiction in Varc- 'nt may, on proof to his satisfaction of such awar (.. agreement, issue his warrant to the Sheriff of the district to put down such resistance and to put the Corporation in possession : (14) If the Council has reason t^ fear any claims or incum- brances, or if any person to whom the compensation is payable refuses to execute the proper conveyance, or if the person entitled to claim the same cannot be found, or if for any other reason the Council deem it advisable the Council may pay such compeUvSation in to the Registrar of the Supreme Court of British Columbia 01 County Court, and may deliver to such Registrar an authentic copy of the conveyance, or award, or agree- ment, and such award or agreement shall thereafter be deemed to be the title of the Corporation to the land therein mentioned : (15) Special as.se.ssnients under authority of this section shall be '.nade in the same manner, and subject to the same appeals, and governed by the same decision.^, and shall Ije collected by the same process as is provided by this Act in the ca.se of ordinary assessments or under the local improvement clau.ses of this Act, as the Council may determine-1886, c. 32, sec. 199; jSqi, c. 72, sec. 31 ; 1892, c. 62, sec. 18. I, or that the t the County ia : bitrators the >nclusive : ; amount so ed to receive me Couit of compensation Corporation le lands, the ny resistance rson to its so -itish Coluin- n Vaiic< vvc ;h awar i.. leriff of the I to put the lis or incum- ipensation is '^eyance, or if lot be found, 1 it advisable n in to the Columbia or Registrar an rd, or agree- thereafter be to the land this section ubject to the ecisions, and > provided l)y iits or under Act:, as the i; j,S9r,c. 72, r m ' \i 1 i 4' 1.. i. ;k if if •J: WPWP If by-h (I (: BtH ^•5 Local Improvements and Special AvSsessments ; ' Therefor. 169. The Council may pass, repeal, alter, and amend council may Pass bj'-laws : — (i) For as.cssinc: and levyins:, by means of a special rate, spo .1111 uate for ^ ■' ^ . . . (Vitiilii Purposes the cost of deepennig any stream, creek or water-course, and draining any locality, and making, enlarging or prolonging, or altering, macadamizing, grading, level- ing, paving, or planking any street, lane, alley, public way or place, or any sidewalks, or any bridge forming part of a highway therein, or curbing, sodding, or planking any street, lane, alley, square, or other public ^ place, or re-constructing as well as constructing any work hereby provided for : (2) Nothing contained in the preceding sub-section shall be corponitiou to construed to apply to any work of ordinary repair or K»*^pttir.'* maintenance, but all works constructed under the said preceding sub- section shall thereafter be kept in a good and sufficient state of repair at the expense of the Corporation : . (3) For regulating the time or times and manner in which the assessments to be levied under this section are to be paid, and for arranging the terms on which parties assessed for local improvements may commute for the payment of their proportionate shares of the cost thereof in principal sums : For Repulatliifr Tini»venients, 11 provide Luring of w within for which engineer i Council t 1 -5 1 rovisions shall be the said inted, or sitting of 'ery such , lessees, 11/ and occupants, or the agents of the owners, lessees, and occupants of each parcel of real estate affected by such , by-law : (o) I'A'crv such notice shall contain a i^eneral description of iY'"\' N<»*'«'? the property in respect of which the same is given, the nature of the proposed improvements, work or service, the estimated total cost thereof, the amount of the assessment on the particular ])iece of property, the time and manner in which the same is payable, and shall be signed by the Clerk, or the Assessment Com- missioner, or other ofUcer to be appointed by the Council for that purpose, and be mailed to the address of the person entitled to notice, at least fifteen days before the day appointed for the sittings (.f the said Court, and ten days' notice shall also be given l)y publication in soine newspaper, having a general circu- lation, of the ti'ne and place of the meeting of the said I Court, which notice shall specify generally what such assessment is to be for, and the total amount to be assessed. (lo) Where a by-law passed under the provisions of section UtMiuiHiirsof iiy- 200 or this Act (sec. 198, Cons. Acts) provides, or is in- a rmntuBT Uute. tended to provide, that the special rate assessed there- under shall be a frontage rate, it shall not be necessary to comply with the provisions of sections 127 to 141 inclusive, o*^ the "Vancouver Incorporation Act, iiS.S6,'" or to advertise or publish the by-law, but i shall be sufficient if the by-law describe the street or place or part thereof, whereon or wherein the local improvement is to be made, by general description thereof, stating the points between which it is to be made ; and it shall not , be necessary for such by- law to state the value of the * real property rateable thereunder, or to impose a rate upon such real property, by any description other than that hereinbefore mentioned. (11) In cases to which the next preceding sub-section coimcu to Pm- applies, the Council shall procure a measurement of meViVof'Fnmi'iiKP frontage liable to the rate mentioned therein, and of the frontages exempt from taxation, and of the frontages of the several lots or parcels of land liable to f! ifc ii8 such rate, and shall keep a statement of the same open for inspection in the office of the City Clerk for at least ten days before the final passing of the hy-lavv, and the Council shall also cause to be inserted in a public news- paper published within the city once a week for two successive weeks, a notice in the form following or to the like effect : — Korni (tf Notice. / " Take notice that a by-law is intended to be passed by the City Council for levying a frontage rate to pay for the [describing the work] constructed (or made ) or to be constructed (or made, as the case may be) on street between, [describing the points between which the work has been or is to be made or constructed] and that a statement .showing the lands liable to pay the said rate and the names of the owners thereof, so far as they can be ascertained from the la.st revised assessment roll, is now filed in the office of the City Clerk, and is open for inspection during office hours. The estimated cost of the work is $ , of which $ is to be provided out of the general funds of the City. A Court of Revision will be held on , at , for the purpose of hearing complaints against the pro- posed assessment or accuracy of the frontage measure- ment or any other complaint which persons interested may desire to make, and which is by law cognizable by the Court. City CI irk. Dated, By-laws for Ralsiiiff Money. (12) The Council may pa.ss all by-laws necessary, from time to time, to raise loans and borrow moneys required for its share of any local improvements and works on the credit of the city, and it shall not be necessary to obtain thi assent of the electors of the city to the passing of any such by-law under the provisions of the Act, any special or private Act in that behalf to the contrary notwithstanding : Provided always, that nothing in this section contained shall be construed as authorizing , i an extension of the general debt of the city, beyond the limits thereof fixed by any Act limiting the same : 61 vi ; same open for at least iw, and the ublic news- ?ek for two )wing or to ssed by the pay for the i) or to be 1 1 which the d] and that y the said so far as assessment ;rk, and is i estimated ■ the City. at it the pro- i measure- interested ^nizable by y C1irk. from time iquired for ks on the V to obtain passing of Act, any ; contrary othing in iithorizing eyond the ime : i s ■lU'fi m si m * m' !f3lH|v ''I tt"' 1 il 1 1 t. w w 119 (i-;) It IS hereby declared that the ilebeiitures issued under r.ocHi improve- the lyocal Iniprovenieut Hy-I,a\vs on the security of special assessments therefor sliall form no part of the jfeneral debt of the city within the meaniiiR^ of the sections 127 to 144, l)oth inchisive, of the Act, and it shall not be necessary to recite the amount of such local improvement debt so secured by special rates or assessments in any by-law for borrowing money on the credit of the city as aforesaid, but it shall be sufficient to state in any such by-law, that the amount of the general debt of the city ns therein set forth is exclusive of local improvement debts secured by special ActS; rates or assessments — 1H.S6, c. 32, sec. 200; 1.S91, c. 72, sec. 32. 169A. When any assessment is made upon land or real ApikmiI inOnwis property for the purpose of carryinj; on any work of local imp'rovomont. improvement under the authority of this Act, there shall be the same right of appeal from the Court of Revision to a Judge of the Supreme Court of British Columbia, or to a County Court Judge having jurisdiction, as is provided for in the case of the annual assessment upon land or real property for the purpose of a general taxation. — 1S95, c. 68, sec. 44. n..- When Council Decide to Oon- tribiite '2 of the (5ost, thoy may Asso'S anrl Levy the ]l«>iniiin(ler withont Petition Tlierefor. iinlesn Petition Ag'iiinst Same. 170. In cases where the Council decides to contribute to at least one-third of the cost of such improvement, it shall be lawful for said Council to assess and levy in manner jirovided in the preceding sections, from the owners of real property to be directly benefitted thereby the remaining portion of such cost without petition therefor, unless the majority of such owners, representing at least one-half in value of such property, petition the Council against such assessment within one month after the publication of a notice of such propo.sed assessment in at least two newspapers published in such city — 1886, c. 32, .sec. 202 ; 1892, c. 62, sec. 19. 171. No by-law passed in pursuance of the three pre- such By-jaws r. VvvUty i to. or Allow any ITiuiiilliorizod j Olaiin «irtlt«» Pay-! ni««iit f«)r Work not PoiMNorSupni ulios not Furn- ished. m Or to Assist in I)isl)nrsinKCity Funds for I'ur- poscs other than those for wliich tlie Same was CoUeftcd, &c. Penalty. 1:1 IH'n V'i m. 175. Any person who shall violate any of the provisions of this, or any of the provisions of any by-law passed in pursuance of this Act, for the violation of which no pu- sh- ment has been provided therein, shall be liable to punishment in a summary way by fine not exceeding one hundred dollars, or by imprisonment (with or without hard labor, in the di cretion of the convicting Magi.strate) not exceeding six months — 1886, c. 32, sec. 207. Peiiiilly for Vio- la' III of Act R«>s nol InltT- f«'ii-«'«l Willi. 186. This Act may be amended at any subsequent session Anu'iiRislutui-e. of the House of Assembly — 1886, c. 32, sec. 221, 187. All by-laws of the Corporation shall come into E'K;' S*^!J'e''n effect seven days from the publication thereof in the British plli,iie,i|;^y„. Columbia Ga/ette, a copy whereof shall be evidence in all Courts of the Province of the contents of any such by-law — 1886, c. 32, sec. 222. 188. Whenever the Council of the City of Vancouver has any authority to direct, by by-law or otherwise, ihat any matter or thing should be done by any person or corporation, the said Council may also by the same or another by-law direct that in default of its being done by the person or corporation, such matter or thing shall be done at the expense of the person or corporation in default, and may recover the expense thereof, with costs, by action or distrcvss ; and in case of non- payment thereof, the same shall be recovered in like manner as municipal taxes are recovered by this Act — 1887, c. 37, sec. 32. When Defiiult Madu in Coniply- Injr with By-law Connuil may Direct Other Persons to l*«'r- form Worl<. &c., at Expense of Persons in Default. 'liiiit 1 89. Notwithstanding anything contained to the contrary ill the " Municipal C auses Act," the provisions of that Act shall not apply to the City of Vancouver — 1898, c. , sec. 8. Interpretation of IWordii. 1; " ijounoll." Laud.'* * •• Real Proper ty." Heal KHiate." Personal lEstatw." I*' PurHonal [Properly." Hlffhway." «" Uoad." " BrUI»r«." I" KU»ott)r8." " Property." ' City." I" Oorporaiton." W'Judst)." IShort Title. 126 » Interpretation Clause. 190. Unless otherwise declared or indicated by the context, wherever any of the following words occnr in this Act the meaning hereinafter expre.s.sed shall attach to the same, namely : ( i) The word " Council " means the Council of the City of Vancouver : (2) •• Und," " Real Property," and " Real Estate," respectively, .shall include all buildings and other things erected upon or affixed to the land, and r11 machinery and other things so fixed to any building as to form in law a part of the realty, and all mines, minerals, and quarries in and upon the same : (3) "Personal estate" and "personal property" shall include all goods and chattels, except land and real estate and real property as above defined, and except property herein expressly exempted : (4) The words "highway," "road," "bridge," mean respectively public highway, road, or bridge : (5) The word "electors" means the persons entitled for the time being to vote at elections in the said city : (6) The term "property" includes both real and personal property : (7) The word "city " means the City of Vancouver. (8) The word " corporation " means the Corporation of the City of Vancouver. (9) Wherever the word "Judge " occurs in sections 42 and 43, and in any of the sections from 91 to 127 inclusive, it shall mean and include such other person as may be appointed by the Lieutenant-Governor in Council to perform the duties referred to in any or all of said section.s — 1887, c. 37, sec. 33. 191. This Act may be cited as the " Vancouver Incor- poration Act, 1886." by the r in this li to the e City of Estate," er things achinery ) form in rals, and " shall and re^l d except mean itled for ty: personal / V- r. m m m of the s 42 and nclusive, i may be uncil to of said r Incor- 12/ : !. SCHEDULE A. FORM I. ■ '' I.— List of Persons entitled to vote at Municipal Elections. 1 Roll Names. Property. Title. Owner... Tenant . Remarks. o 6 'A Lot. Street or Bloclf. 25 James Brown.. John Smith E. is.... W. ^9... Maria St Block 0. See Ward No. 3 I ilia fl in O Q l-H < ?^ X X 73 X •loq loiJi "S • -8|a ^nqM uo 3 S - « 5 > ^ a ^SS*' eS c •88W JO -OK o «3 a •deaqs Jo '0^1 'eniBQ JO -0^1 1 c 'saiiiJOH JO 'OX 1 ^U'BO'BA •uo^iiina ! p|uqt»eitioH JO aoquitiij I'B^ox uo|«!ioajeq!|0 B o u. o||oqj«o 'Vdoyi • n9 "jumso'joja "ju'Bdnoao luop|saa-uoK 4* 1 » 1 )(iep|8u^ < It) a •^UTIHOX O) 01 'jmiMQ Em S. 1 si a eS 3 X rt O «3 •j«iioa aqi uo XBx Jo e^B^ H > 8 > O >■ o. o u 0^ a UN P4 •jaqio 10U ^QiiJi JO sjTJaX 09 01 ^I mojj hMiosjuj •anit?A aiq'BSsassv I'Blox «^ •AiJodojj |VlIOSJU(l JO 'CBA a? •XiJodoJfi Itioa JO wni«A <» 'KVIOIIIOAOjdlUI pii'B 8iJii!p|!iiH onit»A «» •oit?H fc3 •qidod X •oStnuoa^il •40T JO -ON naoia JO ON !•!* m \X 129 FORM III. To all whom these presents shall concern : We, .. rr■^y:- of the Esquire, Mayor, and of Esquire, Treasurer of the City of Vancouver, in the Province of British Columbia, ( V I •"-,■ i Send Greeting : WHERKA8, by virtue of a warrant under the hand of the Mayor and seal of the said city, bearing the date the day of in the year of our Lord one thousand eight hundred and commanding the Treasurer of the said city to levy upon the lands hereinafter mentioned for thii arrears of taxes due thereon to the City of Vancouver, with costs, the Treasurer of the said city 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 mentioned, at and for the price or sum of of lawful money of Canada, on account of the arrears of taxes alleged to be due thereon up to the day of in the year of our Lord one thousand eight hundred and together with costs. Now KNOW YE, that we, the said . >,„,,. and as Mayor and Treasurer of the City of Vancouver, in pursuance of such sale and for the con^ideration aforesaid, do hereby grant, bargain and sell unto the said his heirs and assigns, all that certain parcel or tract of land and premises containing more or less, being composed of (here describe the land so that the same may he easily identified). In WITNK88 WHKHEOF WO, the sald Mayor and Treasurer of the said City of Vancouver, have hereunto set our hands and affixed the seal of the city, this day of in the year of our Lord one thousand eight hundred and [Corporate Seal.] Countersigned, A. B., Mayor. ) E. S., C. D., Treasurer. ) City Clerk. in K' l,t ! pi FORM IV. To the Clerk of the City 0/ Vancouver : I, Peter Grant, a voter [or '• person entitled to be a voter " in thet said city, complain that the name of John Jack is wrongly entered in the voters' list for the said city, he being a person disqiialifled under the section of And take notice, that I intend to apply to the Judge in respe c thereof, in pursuance of the statute in that behalf. Dated the day of Residence 18 Peter Grant. I Ji*' mv I* 10 FORM V. To the Clerk of the City of Vancouver. I, James Smith, voter (or " a person entitled to be a voter ") In the said city, complain (state t/ie name of the persons in respect qfioftom complaint is made, and the grounds of complaint touching each person respectively — or set forth in lists as follows, varying according to circumstances), that the several persons whose names are set forth in the subjoined list No. 1 are entitled to be voters in the said municipality, as shown in said list, but are wrongfully omitted from the voters' list. That the several per- sons whose names are mentioned In the first column of the subjoined list No. 3, are wrongfully stated in said voters' list as shown in No. S. That the several persons whose names are set forih in the first column of the subjoined list No. 3, are wrongfully inserted In said voters' list, as shown in said list No. 3. And that there are errors in the description of the property in respect to which the names respectively are entered on the voters' list, (or stating other errors) as shown in the subjoined list No. 4. And take notice that I Intend to apply to the Judge In respect thereof, pursuant to the stitute in that behalf. Dated the day of A. D, 18 i,: James Smith. Residence ' > M I f I I ■piPPliPliPPPP""iiiWi 131 List of Complainants Mkntioned in thk Above Notice of comi'lainakts. *v. List No. 1 (Showiny votes wrongj'ully omitted from the Voters' Ltst.) Names of Persons Grounds on which they are entitled to be on the Voters' List • James Tupper Simon Beauclerk .... Angus Blain Tenant of John Frascr, of Lot 1, Block 10, Street Owner in fee of Lot 4, Block 2, Street. Assessed too low— property worth $ List No. 2 (Showing VoWn wronyly named m Voters' List.) Names of Persons Ward Joshua Townsend.. John McBean S. Connell The Errors in Statement upon Voters' List. Should be Joseph Townsend. Should be John McBean, the younger. Should be Simon O'Connell &c., &c. List No. 3 (Showing Person wrongly inserted in Voters' List.) Names of Persons j Ward ; ^'^^''^'^/^oL^.'^L^J'. '"'"'*'"'• Peter White.. John May David Walters Died before final revision of roll. Tenancy expired— left the country. ;Assessed too high — property worth under $ List No. 4 (Showing Voters whose Property is erroneously described in Voters' List, Ac. Names of Persons Ward Errors in respect of Property or otherwise stated. Stephen Washburn. . . Thomas Gordon Roland Blue 3 2 4 Name should not be in Ward No. 3. Property should be, »fcc. Should be described as owner,not tenant Ml I "52 FORM VI. To the Hon. Judge of, &c. : The Clerk of the Oitv of Vancouver 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 complaininR of errors or omissions in the Voters' List for said city for 18 , on the grounds mentioned in Column 3 of the said Schedule, and that such notices were received respectively at the date set down in Column .3 of the said Schedule. Dated the day of A. B., \ Clerk of the City of Vancouver. SCHEDULE. 18 \ 1. Name of Complainant 8. Errors or Omissions Complained of. Statr vhen Notice of Com- pla. received by Clerk, FORM VII. To the Clerk of the City of Vancouver : 1, Luke Doran, a person entitled to be a Voter in the said city, complain that the name of Peter Short is wrongfully inserted in the Voters' List of the said city, he having, before the final revision and correction of the Assessment Roll, transferred to me the property in respect to which his name is entered on the said list [or, " parted with the property In respect to which his name is entered on the Voters' List, and that I am in possession of the same"] : and take notice that I intend to apply to the Judge to have my name entored on the said list, instead of the said Peter Short, pursuant to the provisions of the statute in that behalf. Dated the day of 18. Luke Doran. b the id no !e or IR of 1 the such 3 of ;om- rk. city, I the and ty in with Iters' bat I list, ' the To 133 FORM VIII. Clerk of tho City of Vancouver r Upon reading V'tir report and i.otiHcatlon rospectiuff the Voters' List for the said City of Vancouver for 18 , pursuant to the «c , state matter 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 the Honorable Judge of the said Court. To Entered on the Voters' List. A. B. Clerk of the City of Vancouver, and constitued Clerk of said Court. FORM XIII. SEAL [• British Columbia, i District of New Westminster, [- To Wrr : ) Victoria, by the Grace of God, of the United Kingdom of (Jn!at Britain and Ireland, Queon, Defender of the Faith, »fec. y© Greeting : We command you that, all excuses being laid aside, you be and appear in your proper person before Our Judge of Our Court, at , on the day of 18 , ftl, o'clock in the noon, at the Court appointed, and there and then to be held, for hearing complaints of errors in the voters' list for 18 , of the City of Vancouver, and for revision of said voters' list, , then and there to testify to all and singular those things which you know in a certain matter {or matters) of complaint made and now pending before the Judge, under the voters' i i'jA' T list clauses of wherein one !s complainant, and which complaint Is to be tried at the said Court* Herein fail not. * Witness the Honourable > Judge of the said Court, at , the day of \ 18 . ' A. B. Clerk. FORM XIV. A. B., Clerk of the City of Vancouver, having testified under his hand that no complaint respecting the list of voters for the said city for the year 18 , has been received by him within thirty days after the first posting up of the same, a'.id un application of the said Clerk, I, , Judge 01 the in pursuance of the provisions of the voters' list clauses of certify that the annexed printed list of voters, being one of the copies received from me from the said Clerk, under the provisions of the Act, Is the revised list of voters for the said City for the year 18 Given under my hand and seal at , this day of , 18 . Judge. mm FORM XV. Be it remembered that upon a final revision and correction of the list of voters of the City of Vancouver for the year 18 , pursuant to the provisions of the voters' list clauses of , the fcilowing changes were duly made by me in the copies of the said city, viz : — I. The following persons are added to the list : Name. Property. * i .•^K' T37 2. The following persons are struck off the said list : — Name. Ward. Property. 3. The following changes are made in the property described opposite to the names of voters otherwise correctly inserted : — Name. Ward. Property as original- ly described on List. Property as altered 4. The following changes are made in the names of voters Incor rectly named : Name originally on List Ward. Name as Altered. Property. FORM XVI. I, Judge of the Court of , pursuant to the section of the voters' list clauses of , do hereby certify that the above (as the case may bo) is a correct copy of the list of voters for the year 18 , received by me from the Clerk of the City of Vancouver, according to my revision and correction thereof, pursuant to the provisions of the said Act. Dated at , this day of , 18 . Judije, tC'o. FORM xvn. In the matter of the Voters' List for the City of Vancouver for 18 , and of the complaint and appeal to the Judge of the Court by A. B., complaining of the name of C. B. being wrongly inserted in the said list [or, as the case may be, stating in brief the nature of the complaint]. On proceedings taken before me, pursuant to the said Act, I find and adjudge that the name of C, D. was rightly inserted in the said list {or, "was wrongly inserted In the said list"), and order it 138 that the said A. B. do pay the said C D. bis costs occasioned by the said complaint {or, •' and order that the said C. D. shall pay the said A. B. his costs incident to the said complaint,"— or, " and ( rder that E. F., one of the Assessors of the said City, being blameable for such wrong insertion, do pay tUe said A. C. his costs incident to such complaint," — (or,asthccafieinaybe,8tatinyitinbne/)] — said costs to be taxed pursuant to the said Act. Dated at , this day of 18 . Judge. FORM XVIII. Victoria, by the Graco of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, «&c., &c. To the Sheriff 0/ Greeting: We command you that of goods and chattels in your bailiwick of C. />., you cause to bo made dollars for certain costs which lately by an order of the Honourable , Judge of the Court of , dat3d the day of 18 v^ere ordered to be paid by the said C. D. to A. B., as and for his costs sustained by him on the trial of a complaint against the voters' list of the City of Vancouver for 18 , made and prosecuted under the pro- visions of the voters' list clauses of the ; which said costs have been taxed and allowed at the said sum as appear on record, and have that money before Our Judge of Our said Court at Vancouver aforesaid, immediately after the execution thereof, and in what manner you shall have exeiiuted this Our writ make appear to Our Judge aforesaid, at Vancouver aforesaid, immediately after the execution thereof, and have you there then this writ. Witness the Honourable , Judge of our said Court, at , the day of , In the year of Our Lord 18 . Clerk. FORM XIX. In the matter of AssesHment for the year 18 in the City of Vancouver. The persons mentioned in the first column of the Schedule following not being assessed \or, not being sufficiently assessed], on the Assess- '39 ment Roll of th> City of Vancouver for tho yoar 18 , and having bpen found entitled to vote, on proceedings taken before nie, Judge Court of the under the voters' Hat clauses of , In pursuance' of section of the said Act, it is adjudged that the saki pai ties mentioned in the Hrst column of the following Schedule, respectively, should have been assessed for the sum mentioned in the second (!olumn, respectively, opposite their respective names in respect to the land or other property or quallflcatlon mentioned in the third column of said Schedule, respectively opposite the respective names of said parties ; and it is ordered that the said parties shall be assessed accordingly. Dated the day of 18 Judy: SCHEDIILE I. Column 1. Names of persons liable to have been assessed on the Assess- ment Roll for the City of Vancouver for the year 18 , but not assessed. Column 2. Amount for which the party should have been assessed Column 3. I'roperty In respect to which the lia- bility to assess- ment exists. SCHEOiri.K y. Column 1. Names of persons not sufficiently assessed on the Assessment Roll for the City of Vancouver for the year 18 . Column 2. Amount for which the parties should be as- sessed In addition to the aaiount already on the Assessment Roll. Column 3. Property in respect to whicl) the liability to assessment exists. IMAGE EVALUATION TEST TARGET (MT-3) /. ,^/^<^ .V^ Z 1.0 I.I 1.25 us 1.4 111 lljll 1.6 6" ^ ., Clerk of the said City of Vancouver, has failed to perform the duties required of him as such Clerk by the said Act, in this that he, the said C. D. has not made out the alphabetical list of voters for 18 for the said city within thirty days after the final revision and correction of the assessment roll thereof, (or, an thecMt may be, BtcUing ia biief t/ie duty not performed), according to the requirements of the said Act, and I apply to the said Judge to enforce the perform- ance of the duties aforesaid, and to take such other proceedings as nay be necessary. \ ' Dated at this day of 18 . A. B. w FORM XXI. In the matter of the voters' list for the City of Vancouver in Whereas it appears by the application of A. B., (or, " a person entitled t) be named as an elector on the said list"), made to me in pursuance of the said Act, in this that you, C. D , Clerk rf the said city, have failed to perform certain duties required of you by the said Act, in this that you have not made out the alphabetical list of voters for 18 for the said citv, within thirty days after the final revision and correction of the assessment roll thereof (or, as the case may be, following the application); and whereas the said A. B. has applied to me to enforce the performance of the duties aforesaid; You, the said C D„ are therefore hereby required to be and appear before me at my chambers in on the day of 18 , at the hour of , and then and there have with you and produce before me the assessment roll for 18 , for the said city, 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 the examination on oath as may be required of you. Herein fail not at your p?rll. Dated this day of , 18 . To C. D., Clerk of the City of Vancouver. \ Judge. r \ l-i^ INDEX. Incorporation City Boundaries •' Wards Constitution of Council Disqualifications Qualification of Mayor and Aldermen Electors : Qualifications Disqualifications Elections : Nomination Procedure Election By-law Election Procedure Returning Officer Ballotts Time for Polling Oath to be administered to Voters Ballott Boxes Colour and Form of Ballott Voting Objections to Ballott Papers Counting ' Return by Clerk Tie Vote Inspection of Ballott Papers Recount Proceeding in case of Incapacity to marlc Ballott Paper Penalty for offences Procedure at Polling Bootlis Meetings of Council : First Meeting Declaration of Office Disqualifications of Mayor and Aldermen Provisions for New Elections Term of Office Contested Elections : Provisions for Contesting Elections of Mayor '^ and Aldermen Procedure on Contested Elections Powers of Judge Provisions if Election Invalid Powers or Clerk and New Election Corrupt Practices : Pagb 3 4 5 5 5-6 6 6 7 7 9 10 10 10 11 11 10 13 13 15 14 J5 16 16 16 17 17 17 18 19 20 2G 21 21-33 li Paoa 23-25 28 Definition what practises decerned to bo> Corrupt Effect of Corrupt Practises if proved ^ Penalties ' 26 Provision for Enquiry 27 Power of Judge 27 Witnesses Attendance 27 Assessments 28-32 Commissioner and Assessor Appointment of Assessor under control of Couimissioner 28 Assessment Roll 28 Rateable Property, Valuation of 28 Estimate of value 28 Revision of Valuations 29 Notice of Assessments 29 Completion of Assessment Roll 39 Certificate of Assessment Roil 29 Duties of Assessor — 30 Real Estate of Railway Companies 30 Assessment of 30 Inspection Assessment Roll 30 Duties of Parties Assessed 31 Penalty Non-fulfilment 31 Unoccupied Lands 32 Taxes: . ,.,,^ . .; .j.,. ,., Levy of Taxes 32 Exemptions 32 Protection of Assessment 33-4 Court of Revision 34 Revision of Roll 34 Complaints 34 Hearing 34 Constitution of Court 35 Powers of Court 35 Roll Binding when Revised 35 Aopeal from Court 35 Procedure and Practise 35 Levying Rate By-law 36 Collection of Rates 36 Tax Rolls B'orm, Etc 36 Arrears of Taxes 37 Collector and Roll 37 Powers and Duties of Collector 37 Recovery of Taxes by Sale or by Suit 38 38 38 ■•• •!■• •••• •••• oO !•■ •••• •••■ •••• OO ••■ •••• •••• •••• 09 39 Disposition of Roll Sale of Lands for Overdue Taxes. . . Power of Council .... Provisions as to Sales Court Order Confirming Sales Redemption tit Conveyance of Lands Sold .... .... • . ■ • • • • • Purchased Estate .... • • << . • • • ' ■ ■ ■ * * ■ * * Provisions as to Surplus of Purchasu Montjy on Sale Who itates Payable by.. Proceedings for Unpaid Taxes .. . .... .... .... •••• Provisions as to Charge on Land of Unpaid Taxes .... Duties of Collector on being paid Taxos Voters' Lists Power of Clerk Form of List .... .... .... .... • • • • • • • •;. Provisions as to Making List What to be Entered .... .... .... .... Notices to be given of List .... .... • • ■ . Revision of List .... .... ..•■ .••• • •• Appeal Provisions Procedure •••• Hearing Evidence ... . • • . • • • • • • • • • • • • • • • • Powers of Judge .... ...• .... — Alterations in List Provisions as to Anally Certifying to Lists Provisions as to Costs on Hearing Provisions as to Rectifying Lists Penalties on Clerk on Failure of Duty Penalties on Parties Wrongly Quallflvlng.. Provisions as to Recovery of Penalties Provisions as to Assessor making Assessments and Penalties Power of Judge to make Rules of Procedure By-laws requiring Assent of Electors y ^. Who may Vote .... ... • . • • • • • • — Provision for List of Voters Proceedings to obtain Assent of Electors. . . — .. .. Time of Voting. . . .... — — Publication of Proposed By-Law Poll and Procedure of Voting Duty of Clerk to Count and make Returns. All By-laws contalnlns Debts to be Voted on . > • Provisions as to such By-laws Recitals In By-Laws Provisions as to Debentures issued under and repayment of same and inter ist. . . .... .... — .••• Power to pass By-law reducing rate Recitals necessary .... .... • . ■ . • • • • — Power Council to make anticipatory appropriations — Out of what funds Recitals In such a By-law Accounts to be kept by Council Interest and Sinking Fund Power to apply moneys Power of Council to Issue new debentures To Purchase old VAiit 40 40 41 41 42 42 42 43 43 43 44 44 44 44 45 4.5 46 46 46 47 47 49 48 48 49 53 52 53 53 53 54 54 54 54 54-5 55 55 56 56 56 58 58 58 58 58 59 60 60 60 62 63 tv Paoe Investment of Sinking Fund .... 63 Powers of Council to Pass By-laws Lighting the City and Levying Rates for same 63 For Government of City and Morality Encouraging Manufactures and Industries 68 Nuisances 68 Healtli 69 Noises 69 Charity 70 Streets .... .... ... 71 Officials of Corporation 71 Paymentof Aldermen 71 Penalties : 71 E4re, Prevention and Suppressing of 73 Liquor License Fees 76 Lodging Houses 76 Licensing Trades and Occupations 76 Bonusing Railways 80 Poui.d : 83 Health 83 Markets 85 Real Estate of City 87 Drains 88 Sewerage 88 Houses . . 89 Street Railway 90 Streets 89 Disposing of Real Estate and Leasing Public Library 91 Park Commissioners ' ' )v' '^i' .•' Powers of and Duties 93 Meetings 93 Vacancies ... 93 Elections 93 By-laws, Power to Pass 93 Caretaker 94 Park 0£?cials 94 Actions against Citv^Limitation 94 Expenditure of City Money 94 Term of Council .... 94 Powers of Council by By-law and Resolution 95 Quashing By-laws 95 Procedure 96 Powers of Judges ..;... 96 Appeal from Decision of Judges 96 Meetings and Proceedings of Council 97 Provisions as to and Time ..... 97 Declaration of OflBce 97 Rescission of previous action of Council 97 Contracts with Members of Council 97 Prohibiting Members Holding Offices 97 Power to pass By-laws regulating Business 97 ')( V Faqb Mayor, Remuneration 97 Duties 97-8 Treasurer 97 Appointment of — 98 Duties . 98 Estimates of Expenditure for year to bo made by 99 Accountant or Comptroller 100 Appointment 100 Duties 100 Officers of Corporation 100 Appointment of 100 Duties Defined by By-law 100 Hours and Duties 101 Appropriations 101 Provisions as to .. 101 Payments by Warrants 101 Adjustment of Accounts : 102 Actions and Jadgm* nts against tlie City 102 Enforcement jf Judgments 102 Special Assessments 102 Duties and Powers of Sheriff 102-3 Limitation of Commencement of Action 103 Printinting and Stationery and Supplies 104-5 * Tenders to be called for . . 104 Requisions to be made 104 Duties of Cleru and Departments 105 Liquor Licensing Board 105-6 Powers of 105 Duties 106 -f Police Commissioners 106-7 Appointment of 106 \ By-law providing for 106 Power of.. 106 V Police Force, Appointment of .... 107 Oath of Office 107 Police Magistrate 107-11 Court Reappointment 107 Power of 108 Gaol 110 Provisions for 110 Fines and Penalties 110 Disposition of 110 Expropriations 111-14 , Power to Expropriate Ill Purposes for which Ill Procedure .....111-12 Compensation ■• 112 Arbitrators, Appointment of 112 Procedure and Power of 113 Witnesses 113 vl Costs . . Award, Effect of Special Assessment under Local Improvements and Special Assessments Power of Council by By-law Special Rate Levied Notices and Procedure Contents of Notice Requisites of By-Law Measure of FrontaRe Form of Notice By-law to raise money Debentures Court of Revision, Appeal to Judge and Power of Contribution by Corporation By-laws, Requisites of Application of Provisions Copies of By-laws Evidence Penalty for Members of Council or Oflficiaks wronaly cortifyi to work done or for payments. .. .. Penalty for Violation of By-laws Salaries of OflBclals Misfeasance oy OfHcers Powers of Jud^e Procedure Streets and Squf.- 38ted in City Repairs to Streets by City Power to Borrow by Council in anticipation of Revenue Finances Power to apply for Commission to enquire into Contracts and Notes, Execution of Real Estate, Disposal of Outside Limits Oaths of Office Vancouver Gas Company, Protection of Amendment of Act Power of By-laws Time for coming into force Power of Council to enforce Interpretation Clause Title Schedules g as Paoh 113 114 114 115 115 115 116 117 117 117 118 118 119 119 119 119 119 120 120 121 121 121 123 122 !22 122 123 123 123 123 123 123 123 125 125 125 125 126 126 127-140