| LIBRARYº-YOR THE …tvKRSITY OF MIC |Nººn Wºº-ºº: Wºme \s. . 5. -> ; - º r : - Rºcks == º | § i : ; NE 3: ſ Ç 2 - REGE IV ED IN ExCHANGE g . . PROM - University of Western Library | JS 1777 A 15 | ? O 2. CHAPTER 77. An Act to provide for a Charter for the City of Winnipeg and to repeal all Acts and parts of Acts in conflict there with. [Assented to March 1st, 1902.] Whereas the Mayor and Council of the City of Winnipeg have applied for a Charter for the said City; And whereas it is expedient that a Charter be granted to the said City; Therefore, HIS MAJºy, and º.º.º. and consent of the Legislative Assembly of the Province of Manitoba, enacts as follows :- TITLE. 1. This Act may be cited as “The Winnipeg Charter.” short title. INTERPRETATION. 2. Where and whenever the words following occur in this Interpreta. º ſe tion. Act, they shall be construed in the manner hereinafter men- tioned, unless a contrary intention appears or the interpre- tation which such provision would give to any word, expres- sion or clause is inconsistent with the section or clause in which it occurs. (a) The word “City’” shall mean the City of Winnipeg. ... city.” (b) The words “the Corporation ” shall mean the “Muni-"The . cipal Corporation of the City of Winnipeg.” Corporation. y (c) The words “ the Council” shall mean “The Munici-; the pal Council of the City of Winnipeg.” Council.” (d) The words “Mayor,” “Alderman,” “Clerk,” “Treas...Mayor, urer,” “Comptroller,” “Tax Collector,” “Assessment Com-ºan," missioner,” “Assessors,” “Surveyor,” “Water and Light ºurer." Commissioner,” “Health Officer,” “Health Inspector.”” “Inspector of Ticenses,” “City Engineer,” “Inspector of 2 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII “Electors,” ** VotorS.” ** Flection.” “ Declara- tion.” “Statutory declaration.” ‘Street,” “Streets.” “Ilands,” “Real estate,” “RCal property.” “Property.” ** Personal estate,” ‘‘Personal property.” “Lieutenant- Governor.” “Next day.” “Holidays.” Buildings,” “Electrician,” mean the “Mayor,” “Alder- man,” “Clerk,” “Treasurer,” “Comptroller,” “Tax Collec- tor,” “Assessment Commissioner,” “Assessors,” “Survey- or,” “Water and Ilight Commissioner,” “Health Officer,” “Health Inspector,” “Inspector of Licenses,” “City Engin- eer,” “Inspector of Buildings,” and “Electrician * of the City of Winnipeg. - & 2 (e) The expression “electors” or the expression “voters” means the persons entitled for the time being to vote at a municipal election held in the City of Winnipeg, or in re- ilºt of any by-law in any of the polling subdivisions of said City. w K (f) The expression “election ” includes the nomination. (g) The expression “declaration,” where used of a de- claration of office or qualification, means and includes the oath, affirmation or declaration as the context may require, and the expression “statutory declaration ” means a declar- ation made under the Act of the Parliament of Canada in- tituled “The Canada Evidence Act, 1893.” (h) The word “street’’ or “streets * shall include all highways, roads, lanes, avenues, thoroughfares, drives, bridg- es, and ways of a public nature, and shall also include side- walks, boulevards, parks, public squares and other public places unless the contrary is expressed or unless such con- struction would be inconsistent with the context or manifest intention of this Act. }} {{ 5 (i) The expressions “land,” “lands,” “real estate ’’ and real property,” respectively, include lands, tenements and hereditaments and all rights thereto and interests therein, and the expression “property '' includes both real and per- sonal property unless where it is otherwise expressed. & C (j) The expressions “personal estate ’’ and “personal property,” respectively, include all goods, chattels, shares in incorporated companies, dividends from bank stock, money, notes, accounts and debts and other property except land and real estate. (k) The expression “Lieutenant-Governor’ means and includes the Lieutenant-Governor-in-Council, as the context may require. (l) The expression “next day ” shall not apply to nor include Sunday or a statutory holiday. (m) In reckoning time for the purposes of this Act, holi- days, as defined by “The Manitoba Interpretation Act,” shall be excluded from the computation when the time is 1902 - WINNIPEG CHARTER. CAP. 77. 3 eight days or any shorter period, and shall be included in the computation when the time is any longer than eight days. (n) The expression “election ” means an election of a “Election." * e * includes vote member of the Council and includes a vote upon any by-law on by law. Submitted by the council to the electors qualified to vote thereon. (o) The expression “to vote” means to vote at an election. “To vote.” (p) The expression “owner'’ means a person who is pro- “owner." prietor in his or her own right of an estate for life or any greater estate, either legal or equitable. (q) The expression “District Registrar ’’ means the District Registrar for Winnipeg. INCORPORATION. 3. The inhabitants of the City of Winnipeg heretofore in-city of corporated as a municipality by Chapter VII of the Stat-Yº...a utes of the Province of Manitoba, passed in the 37th year of the reign of Her late Majesty, Queen Victoria, intituled “An Act to Incorporate the City of Winnipeg,” and by vari- ous subsequent statutes continued as a municipal corpora- tion, shall continue to be a body corporate with the name of “The City of Winnipeg,” and shall have all the rights and powers of be subject to all the liabilities of a corporation, and especi-". ally shall have full power to acquire, hold and alienate both real and personal estate for all municipal purposes; and by the same name it and its successors shall have perpetual suc- cession, and it shall have power to sue and be sued, implead and be impleaded, answer and be answered unto, in all Courts and in all actions, causes and suits at law, and in equity whatsoever; and it shall have a common seal, with Common seal. power to alter and modify the same at its will and pleasure; and it shall be in law capable of receiving by donation, ac- quiring, holding, disposing of and conveying any property, real or movable, for the use of the said City, and of becom- ing a party to any contracts or agreements in the manage- lment of the affairs of the said City, and with the municipal boundaries hereinafter in this Act defined, by metes and bounds, that is to Say:— - Firstly: Commencing at a point in the centre line of the Boundaries of Red River, where the line between lots numbered two and City. three of the Parish of Kildonan would strike if produced in a straight line easterly thereto; thence westerly along said production to and along the said line between lots numbered two and three to the easterly limit of Hearn street; thence northerly along the easterly limit of Iſearn street to the northeast corner of the road allowance adjacent to the northeast corner of section numbered twenty-four in town- CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Division of City into Wards. ship numbered eleven, in range numbered two, east of the principal meridian; thence westerly along the north side of the Said road allowance to a point due north of the northwest corner of Said quarter section; thence southerly in a straight line to and along the western limit of the aforesaid quarter section to the Southwest corner thereof; and continuing thence due south along the west side of the Government road allowance, to its intersection with the north side of the road allowance on the four-mile limit of the lots fronting on the Assiniboine River; thence westerly along the north side of the last mentioned road allowance to a point where the west- erly side of the Government road allowance between lots numbered forty-one and forty-two of the Parish of St. James would strike, if produced northerly thereto; thence south- erly, in a straight line to and along the west side of the last mentioned road allowance and the same produced in a straight line to the centre line of the Assiniboine River; thence westerly along the centre line of the Assiniboine River to its intersection with the parish line between St. Boniface and St. Charles produced northerly thereto; thence southerly in a straight line to and along the said parish boundary to the south side of the road allowance at the two-mile limit of lots fronting on the south side of the Assiniboine River, thence easterly along the south side of the road allowance at the two-mile limit of lots fronting on the south side of the Assiniboine River to its intersection with the west side of the road allowance at the two-mile limit of lots fronting on the Red River; thence south- erly along the west side of the last mentioned road al- lowance to its intersection with the line between lots num- bered thirteen and seventeen of the Parish of St. Boniface produced westerly thereto; thence easterly in a straight line to and along the last mentioned parish lot line to the divis- ional line between lots numbered thirteen and sixteen of said I’arish of St. Boniface; thence southerly along the last men- tioned divisional line and the production thereof in a straight line to the centre line of the Red River; and thence in a general northerly direction following along the centre line of the Red River, to the place of beginning; and, secondly: the southwest quarter of Section fourteen, in Township eleven, in Range two, east of the principal meridian in the Province of Manitoba; and the land, territory and property lying within said limits shall form the territorial extent of the said City of Winnipeg. 4. For the purposes of this Act, the City of Winnipeg shall be divided into six wards, to be known and numbered respectively, “One,” “Two,” “Three,” “Four,” “Five,” and “Six,” and the boundaries thereof shall be respectively as follows:— 1902 WINNIPEG CHARTER. CAP. 77 5 WARD ONE. / Commencing at the centre line of the Red River, where Boundaries— the centre line of the Assiniboine River intersects it; thence.” One. westerly along the centre line of the Assiniboine River to its intersection with the parish line between St. Boniface and St. Charles, produced in a straight line northerly thereto; thence southerly in a straight line to, and along the said parish boundary to the south side of the road allowance at the two-mile limit of lots fronting on the South side of the Assiniboine River; thence easterly along the south side of the said road allowance to its intersection with the west side of the road allowance at the two-mile limit of lots fronting on the Red River; thence southerly along the west side of the last mentioned road allowance to its in- tersection with the production westerly in a straight line of the line between lots numbered thirteen and seventeen of the Parish of St. Boniface; thence easterly in a straight line to and along the last mentioned line between lots numbered thirteen and seventeen to the divisional line between lots thirteen and sixteen of said Parish of St. Boniface; thence southerly along the last mentioned divisional line and the production thereof, in a straight line, to the centre of the Red River; and thence in a general northerly direction, fol- lowing the centre line of the Red River, to the place of be- gllnning. WARD TWO. Commencing at the centre line of the Red River, where Boundaries— the centre line of Notre Dame Avenue East would strike if "**** produced easterly thereto; thence westerly in a straight line to and along the centre line of Notre Dame Avenue East and the production thereof to the centre line of Main Street; thence northerly along the centre line of Main Street to its intersection with the centre line of Portage Avenue pro- duced easterly thereto; thence westerly in a straight line to and along the centre line of Portage Avenue to its intersec- tion with the centre line of Notre Dame Avenue produced easterly thereto; thence westerly in a straight line to and along the centre line of Notre Dame Avenue to its intersection with the boundary line between the Parishes of St. John and St. James produced northerly thereto; thence Southerly in a straight line to and following along the said boundary line between the Parishes of St.John and St.James to the centre line of Colony Street; thence southerly along the centre line of Colony Street and the production thereof in a straight line to the centre line of the Assiniboine River; thence easterly and northerly following along the centre line CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Boundaries— Ward Three. Roundaries— Ward Four. Boundaries— Ward Five. of the Assiniboine River and the Red River, respectively, to the place of beginning. WARD THREE. Q Commencing at the centre line of the Assiniboine River, where the same is intersected by the boundary line between the parishes of St. John and St. James, thence northerly along and following the said parish boundary and the pro- duction thereof, to the centre line of Notre Dame Avenue; thence westerly, following the centre line of Notre Dame Avenue, to the western limit of the City; thence southerly following the western limit of the City, to the centre line of 'the Assiniboine River, thence easterly, along the centre line of the Assiniboine River, to the place of beginning. WARD FOUR. Eirstly: Commencing at the centre line of the Red River, where the centre line of Alexander Avenue would strike, if produced easterly thereto; thence westerly in a straight line to and along the centre line of Alexander Avenue to McPhillips Street; thence westerly crossing McPhillips Street, in a straight line to the intersection of the westerly limit thereof with the line between lots numbers ten and eleven of the Parish of St. John ; thence westerly along the said line between lots numbered ten and eleven of the Parish of St. John and said line pro- duced to the westerly limit of the City; thence southerly, fol- lowing the western limit of the City to its intersection with the centre line of Notre Dame Avenue; thence easterly along the centre line of Notre Dame Avenue, and the same pro- dueed, to the centre line of Portage Avenue; thence easterly along the centre line of Portage Avenue, and the production thereof, to the centre line of Main Street; thence southerly along the centre line of Main Street to the centre line of Notre Dame Avenue East, produced westerly thereto; thence easterly in a straight line to and along the centre line of Notre Dame Avenue East, and the production thereof, to the centre line of the Red River: thence northerly along the centre line of the Red River to the place of beginning; and, secondly: the southwest quarter of Section fourteen (14), in Township eleven (11), in Range two (2), east of the prin- cipal meridian in the Province of Manitoba. WARD FIVE. Commencing at the centre line of the Red River, where the line between lots numbered fifty-seven and fifty-eight of the Parish of St. John would strike, if produced easterly 1902 WINNIPEG CHARTER. Car. 77. 7 thereto; thence westerly in a straight line to and along the southerly boundary of Said lot numbered fifty-seven, to Aus- tin Street; thence crossing Austin Street in a straight line westerly to the point of intersection of the southerly limit of parish lot numbered thirty-six, produced in a straight line easterly thereto, with the west side of Austin Street; thence westerly along said production easterly of the south boun- dary line of said parish lot numbered thirty-six, and along said parish lot line and the production thereof westerly to the western limit of the City; thence southerly along the western limit of the City to its intersection with the south- erly limit of lot numbered eleven of the Parish of St. John, produced westerly thereto; thence easterly in a straight line to and along the Southerly limit of said lot numbered eleven to the west side of McPhillips Street; thence easterly, cross- ing McPhillips Street, in a straight line to the westerly limit of the centre line of Alexander Avenue; thence easterly along the centre line of Alexander Avenue, and said line produced easterly, to the centre line of the Red River; and thence northerly along the centre line of the Red River to the place of beginning. WARD SIX. Commencing at a point in the centre line of the Red Boundaries— River, where the line between lots numbered two and three Ward Six. in the Parish of IGildonan would strike, if produced easter- ly thereto; thence westerly in a straight line to and along the said line between lots numbered two and three to the easterly limit of IHearn Street; thence northerly along the cast side of said Tſearn Street to the north limit of the road allowance on the north side of the northeast quarter of sec- tion numbered twenty-four, in township numbered eleven, in range numbered two, east of the principal meridian ; thence westerly along the north side of said road allowance to the westerly limit of the City; thence southerly, along the western limit of the City to its intersection with the south- ern boundary of lot numbered thirty-six of the Parish of St. John, produced westerly thereto; thence easterly in a straight line to and along the southern boundary of said lot numbered thirty-six and the production thereof, in a straight line to the west side of Austin Street; thence easterly, cross- ing Austin Street, in a straight line to the point of intersec- tion of the east side of Austin Street with the southern boundary of lot numbered fifty-seven of the Parish of St. John ; and thence easterly along the southern limit of said lot numbered fifty-seven and the production thereof easterly in a straight line to the centre line of the Red River; and thence northerly, along the centre line of the Red River, to the place of beginning. CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII City Council. General ... qualifications. Property qualifications. I)isqualified p3rsons. Shareholders in incorporat- ed companies dealing with Council not disqualified. 5. The powers of the City under this Act shall be exer- cised by the Council thereof. 6. The Mayor, and members of the Council, and the offi- cers, by-laws, contracts, property, assets and liabilities of the City, when this Act takes effect, shall be deemed the Mayor, and members of the Council, and the officers, by-laws, con- tracts, property, assets and liabilities of the City of Win- nipeg, as continued under or altered by this Act, subject to the provisions of this Act. THE CITY CouncIL–MAYOR AND ALDERMEN. 7. The Council of the City of Winnipeg shall consist of the Mayor, who shall be the head thereof, and two aldermen for every ward, elected in accordance with the provisions of this Act. (Sec. 44, Municipal Act.) 8. The persons eligible for election as Mayor and Aldermen shall be natural born or naturalized subjects of His Majesty, and males of the age of twenty-one years, able to read and write, not subject to any disqualification under this Act, and shall be resident within the City, and the owners, respec- tively, at the time of the election, of freehold property rated in their own names, respectively, on the last revised assess- ment roll of the City to at least the value of five hundred dol- lars over and above all incumbrances against the same. (Sec. 51, Municipal Act.) 9. No Judge of any Court of civil jurisdiction, no gaoler or keeper of any house of corregtion, no sheriff, deputy-sheriff, sheriff’s bailiff or constable, no assessor, collector, treasurer, clerk or other paid official of the City, no bailiff of any County Court, no Deputy Clerk of the Crown, no person li- censed to sell spirituous liquors, and no person whose wife holds such license, no inspector of licenses, no person having by himself or his partner any interest in any contract with or on behalf or being indebted to the City, except for the cur- rent year's taxes, and no surety for an officer or employee of the City, and no person who shall have been convicted in any Court of law within His Majesty’s dominions of any indict- able offence, upon conviction of which offence a person is liable to imprisoment for five years, shall be qualified to be a member of the Council of the City. (Sec. 52, Municipal Act.). r 10. No person shall be held to be disqualified from being elected a member of the Council of the City by reason of his being a shareholder in any incorporated company having dealings or contracts with the Council of the City, 1902 WINNIPEG CHARTER. - CAP. 77. 9 or by having a lease, of twenty-one years or upwards, Tenants of of any property from the Corporation; but no such º wº leaseholder shall vote in the Council on any question * affecting any lease from the Corporation, and no such share- holder on any question affecting the company, and no such person shall be held to be disqualified because of his having User of water a contract with the City for the use of electric power or wºrks lighting, or for the use of water from the water works ºualified. system of the City, or because of his being indebted to the City on account of electricity or water furnished him by the City. (Sec. 53, Municipal Act.) 11. When any person, being a member of the Council of the Penalty for {: e g C- - -> • : members of City, is or becomes, whilst holding office, directly or indi-Council ~~ii. - e º having tieal- rectly, a party to or interested in any contract with or on be- ºfte: half of the City, except as in the next preceding section pro-" vided, such person shall be liable ispo facto to forfeit his seat and, upon conviction by any Justice of the Peace, to a pen- alty of not less than fifty dollars nor more than one hundred dollars and costs and, in default of payment, to imprison- ment for a space of not less than fifteen and not more than thirty days. (Sec. 54, Municipal Act.) ELECTIONS. THE RIGHT To VoTE. 12. Subject to the following four sections: The right of Qualification voting for municipal elections held in the City shall belong ** to the following persons, being male or female and subjects of His Majesty by birth or naturalization of the full age of twenty-One years, and having received no reward and having no expectation of reward for voting, and consisting of all persons, whether resident or not, who are in their Freeholders. own right, at the date of the election, freeholders of the City, rated in the assessment roll for at least one hundred dollars, or leaseholders or tenants of real property rated as aforesaid for at least two hundred dollars. 13. No person shall be entitled to vote at any election un- §ºst less he or she is one of the persons named, or purporting to #1"...ºrs. be named, in the proper list of electors; and no question of qualification shall be raised at any election, except to ascer- No question of tain whether the person tendering his or her vote is the ...?" same person as is intended to be designated in the list of electors. 10 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII ºand 14. In case both the owner and occupant of any real pro- ºrated perty are rated severally but not jointly therefor, both shall **ted be deemed rated within the Act. (Sec. 66, Municipal Act.) Yºº 15. Where real property is owned or occupied jointly by §º" two or more persons, and is rated at an amount sufficient, if §§§ equally divided between them, to give a qualification to divided. each, then each shall be deemed rated within this Act, other- Wise nome of them shall be deemed so rated. (Sec. 67, Municipal Act.) .." 16. Every occupant of a separate portion of a house shall be deemed a tenant within this Act. A boarder or lodger shall not be deemed a tenant within this Act. (Sec. 68, Municipal Act.) Persons 17. The following persons shall not be entitled to be elec- jºined * tors or to vote:— (a) Persons having been convicted of any indictable of. fence, upon conviction of which offence a person is liable to imprisonment for five years. (b) Aliens. (Sec. 69, Municipal Act.) TIME AND PLACE OF HOLDING. Elections to be 18. The electors of the City shall elect annually, on the ; second Tuesday in December or, in case of the same being Council. a holiday, on the next day thereafter which is not a holi- day, the members of the Council of the City, except such Terms of members as have been elected at the nomination; and the Office. persons so elected shall hold office until their successors are elected and sworn into office, and the new Council is organ- ized. - (a) Provided that one Alderman shall be elected each year for each ward, for a term of two years, as such term of two years expires, and in case any alderman dies, or va- cates or forfeits his seat before the expiration of his term, his successor shall hold the seat for the remainder of the term. (Sec. 70, Municipal Act.) Place for hold. 19. The Council shall, from time to time by by-law, appoint ** the place or places for holding the next ensuing election, otherwise the election shall be held at the place or places at which the last annual election for the City was held. (Sec. 71, Municipal Act.) 1902 WINNIPEG CHARTER. CAP. 77. 11 20. The elections shall be held in the City of Winnipeg, #º be and no such election shall be held in a tavern or in a house ºcº" of public entertainment licensed to sell spirituous or fer- mented liquors. (Secs. 72 and 73, Municipal Act.) ELECTION OFFICERs. 21. The Clerk shall be the returning officer for the whole Clerk to be City, and in the case of his being unable to act, the Council#;" may, by by-law, appoint some other person to be returning.º.º.o officer in his place, subject, however, to the provisions herein-º. after made as to the appointment of a chairman at the nom-Person. ination, who shall be the returning officer. (Sec. 74, Muni- Cipal Act.) 22. The returning officer shall appoint deputy returning Deputy officers, who shall preside at the respective polling places in ; be ë * ; , , “e • * : * ~ •e © appointed. case a poll is required, and the returning officer may himself ºf act in place of such deputy returning officer at a pollingºr may act Subdivision. (Sec. 75, Municipal Act.) 23. The deputy returning officers shall make the returns º to be for their respective polling subdivisions to the returning * officer. (Sec. 76, Municipal Act.) Officer. 24. In case, at the time appointed for holding a nomina- Death or ſº t e t • absence of tion or poll, the returning officer or the person appointed in ºil; his place, or the deputy returning officer, has died or does;ed for. not attend to hold the nomination or poll within an hour after the time appointed, or in case no deputy returning offi- cer has been appointed, the electors present at the time and place for holding the nomination or poll may choose from amongst themselves a returning officer or deputy returning officer (as the case may be), and such returning officer or deputy returning officer shall have all the powers, and shall forthwith proceed to hold the nomination or poll and per- form all the other duties of a returning officer or deputy re- turning officer. (Sec. 79, Municipal Act.) 25. A poll clerk may, in the discretion of the Council, be pon clerk may appointed for any polling subdivision, and, in case a poll "“” clerk be so appointed, he may, under the direction of the deputy returning officer, perform any of the duties assigned to the deputy returning officer. (Sec. 80, Municipal Act.) 26. The returning officer and deputy returning officers Returnin shall, during the days of the election, or of the voting of 3..." electors upon a by-law, act as conservators of the peace, and ..."; act. such returning officer or any deputy returning officer, or ºxº any justice of the peace, may cause to be arrested, and may peace. CAP. 77. WINNIPEG CHARTER. 1-2 Edw. VII Nomination of Summarily try and punish by fine of not more than fifty dollars, or imprisonment not exceeding three months, or bºth, or may imprison or bind over to keep the peace or for trial, any riotous or disorderly person who assaults, beats, molests, or threatens any voter coming to, remaining at, or go- ing from, the election or voting; and when thereto required all constables and persons present at the election or voting shall assist the returning officer or deputy returning officer or justice of the peace. (Sec. 81, Municipal Act.) 27. The returning officer, deputy returning officer or a jus- tice Of the peace, may appoint and swear in any number of special constables to assist in the preservation of the peace or of order at an election or at the voting of electors upon a by-law; and any person liable to serve as constable, and re- quired to be sworn in as a special constable by a returning officer, deputy returning officer or justice of the peace, shall, if he refuses to be sworn in or to serve, be liable to a penalty of twenty dollars, to be recovered to the use of anyone who will sue therefor. (Sec. 82, Municipal Act.) NOMINATION. 28. A meeting of electors shall be held for the nomina- tion of candidates for Mayor and for aldermen at the last place of meeting of the Council, or at such other place as the Cºuncil, by by-law, shall lawfully appoint, on the first Tues- day in December in each year (provided the day is not a holiday, in which case it shall take place the next day), at twelve o’clock noon, at which nominations for the Office of Mayor and for aldermen for the City for the several wards thereof shall be made. (Sec. 83, Municipal Act.) 29. At least ten days' notice of such meeting for nomina- tion shall be previously given, by the clerk, or the returning officer appointed by the Council, posting up a notice in that behalf in his office, and, in the general postoffice of said City. (Sec. 84, Municipal Act.) 30. The clerk shall be the returning officer to preside at such meeting, or, in case of his absence or inability, the Council shall appoint a person to preside in his place, and, if the clerk or person appointed by the Council do not attend, the electors present shall choose a chairman or person from among themselves to officiate; and such chairman shall have all the powers of a returning officer and shall be returning officer for such election. (Sec. 85, Municipal Act.) 31. The time for receiving nominations shall be between the hours of twelve o’clock noon and One o’clock in the after- 1902 - WINNIPEG CHARTER. CAP. 77. 13 noon, and all nominations shall be made in writing by a pro- poser and seconder, who shall be duly qualified electors of the City, and one of whom, in case of a nomination of al- derman, shall be an elector of the ward for which such nom- ination shall be made, and which nomination in writing shall be accompanied by a written acceptance thereof by the can- didate so named in such nomination, and no one person shall nominate more than the required number of candidates. (Sec. 86, Municipal Act.) 32. If only one candidate for the office of Mayor has been Proceedings nominated within the time limited, the returning officer or wº chairman shall declare such candidate duly elected Mayor; . and if only the required number of candidates for the office nominated. of aldermen have been nominated within the time aforesaid for any of the wards, the returning officer or chairman shall declare such candidates duly elected aldermen. (Sec. 87, Municipal Act.) 33. If more candidates be nominated for the office of Proceedings Mayor or for aldermen than are required to be elected un-º" der this Act, the returning officer or chairman shall an- nounce the same and make known to the electors present the time and place or places when and where the poll or polls will be opened for the taking of the votes for the can- didates nominated, and he shall thereafter, by proclamation Names of posted up in the office of the City Clerk and in two or more ...; conspicuous places within the City, within two days after the nomination, make known to the electors the names of the candidates nominated and the said time and place or places when and where the poll or polls will be opened for taking of the votes for the candidates nominated, which time shall Time to be one week from the day of such nomination, commencing;..." at the hour of nine o'clock in the forenoon and closing at . eight o’clock in the afternoon of the same day. Pro-Hºi...of .*- - tº polling. vided that, whenever more than the required number of candidates are nominated, any one of them may, before two o'clock on the day following the nomination day, tender Resignation of his resignation, which will be accepted by the returning * officer when a sufficient number of them remain for election; and in that event the returning officer shall then declare any unopposed candidate elected or proceed to the polls as if such resigning candidate had not been nominated. (Secs, 88 and 89, Municipal Act.) BALLOT BoxEs. 34. Where a poll is required, the returning officer shall Ballot boxes to procure, or cause to be procured, at the expense of the City, as ** many boxes (hereinafter called ballot boxes) as there are 14 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII polling subdivisions within the City. (Sec. 90, Municipal Act.) z How made. 35. The ballot boxes shall be made of some durable ma- terial, shall be provided with a lock and key, and shall be so constructed that the ballot paper can be introduced therein, and cannot be withdrawn therefrom unless the box be un- locked. (Sec. 91, Municipal Act.) *śrn... 36. When it becomes necessary for the purposes of an elec- ing officers, tion to use the ballot boxes, it shall be the duty of the re- turning officer, two days at least before the polling day, to deliver one of the ballot boxes to every deputy returning officer appointed for the purposes of the election. (Sec. 92, Municipal Act.) Clerk to 37. The ballot boxes, when returned to the returning officer I'eSel’VC g Hºlºs after the election, shall be preserved by the clerk for use at OT IUlt, Ull’6. de © ſº elections. elections for the City; and it shall be the duty of the re- turning Officer to have ready for use, at all times, as many ballot boxes as there are wards or polling subdivisions in the City. (Sec. 93, Municipal Act.) Penalty for 38. If the returning officer fails to furnish ballot boxes in failure to - © • * e furnish boxes, ihe manner herein provided, he shall incur a penalty of one hundred dollars in respect of every ballot box which he has failed to furnish in the manner prescribed. (Sec. 94, Municipal Act.) pº. 39. It shall be the duty of the deputy returning officer, in returnlng * e tº gº © º officers tº ... every polling subdivision not supplied with a ballot box procure boxes . . . , 1 ''. ‘. te e when not, within the time prescribed, forthwith to procure one to be * inade, and he may issue his order upon the treasurer for the cost of the ballot box, and the treasurer shall pay to the deputy returning officer the amount of the order. (Sec. 95, Municipal Act.) BALLOT PAPERs. panorarº, 40. When a poll is required, the returning officer shall to be printed forthwith cause to be printed, at the expense of the City, such a number of ballot papers as will be sufficient for the purposes of the election. (Sec. 97, Municipal Act.) Contents of 41. Every ballot paper shall contain the names of the duly bailot papers. nominated candidates, arranged alphabetically in the order of their surnames or, if there be two or more candidates with the same surname, then in the order of their other names. (Sec. 98, Municipal Act.) t & 1902 WINNIPEG CHARTER. CAP. 77. 15 42. The names of the candidates for Mayor shall not be Different sets it.cluded in the same ballot paper with the names of theº, be candidates for aldermen, but one kind or set of ballot pa- º pers shall be prepared for all the polling subdivisions, con-aldermen. taining the names of the candidates for Mayor, and another kind or set shall be prepared for each polling subdivision containing the names of the candidates for aldermen in the ward of which the polling subdivision is a part. (Sec. 99, Municipal Act.) 43. The ballot papers shall be in the form in Schedule Form of ballot A to this Act. (Sec. 100, Municipal Act.) paperS. FURTHER PRELIMINARY PROCEEDINGs. 44. The returning officer shall, before the opening of the Returning poll, deliver or cause to be delivered to every deputy re- fºoputy turning officer the ballot papers which have been prepared ºth for use in the polling subdivision for which such deputy ...” Pºp" returning officer has been appointed to act; and he shall also furnish to the deputy returning officer, or see that he is furnished with, the necessary materials for voters to mark the ballot papers; and such materials shall be kept at the polling place by the deputy returning officer for the conven- ient use of voters. (Sec. 101, Municipal Act.) 45. Every polling place shall be furnished with a com- Compartment y } -) • ' & K- wº Wherein partment in which the voters can mark their votes screened ºay from observation; and it shall be the duty of the returning” “” officer and deputy returning officers, respectively, to see that a proper compartment for that purpose is provided at each polling place. (Sec. 102, Municipal Act.) 46. The returning officer shall, before the opening of the º g o OITICGl' oll, deliver or cause to be delivered to every deputy re-iſſiºnish deputy p011, Cl y * f e turnin & - gº g ſº * Y turning officer such number of printed directions for the §§th guidance of voters in voting, as he may deem sufficient, and º shall so deliver or cause to be so delivered at least five copies voters. of such printed directions; such directions shall be printed in conspicuous characters, and may be according to the form in Schedule B to this Act. (Sec. 103, Municipal Act.) 47. Every deputy returning officer shall, before the Deputy º * g e returning opening of the poll, or immediately after he has received tº the printed directions from the returning officer, if he did {...,ns. not receive the same before the opening of the poll, cause the printed directions to be placarded outside the polling place for which he is appointed to act, and also in every icompartment of the polling place, and shall see that they remain so placarded until the close of the polling. (Sec. 104, Municipal Act.) 16 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Poll books. What, list of electors shall be used. Assessment Commissioner to make lists. Form of list. Electors on real estate qualification. When roll understood to be finally revised. 48. It shall be the duty of the returning officer in all cases to furnish each deputy returning officer with a suit- able poll book in which to enter the names of all persons ap- plying to vote, and record whether such persons vote for Mayor or Aldermen or both, and as to their voting for school trustees, and whether such persons are objected to or sworn and by whom, and, if objected to, whether such per- Sons vote or not. It shall be the duty of each deputy re- turning officer to properly keep such poll book. (Sec. 105, Municipal Act.) LIST OF ELECTORs. 49. The proper list of electors to be used at an election shall be the last revised list of electors, and the returning officer shall deliver to the deputy returning officer, for every polling subdivision, a true copy certified to by the Assess- ment Commissioner of said last revised list of electors for such polling subdivision. (Sec. 106, Municipal Act.) 50. The Assessment Commissioner shall, immediately af- ter the final revision and correction of the assessment roll in every year, make a correct alphabetical list of all persons being of the age of twenty-one years, and subjects of His Majesty by birth or naturalization, and appearing by the assessment roll to be entitled to vote in the City, at elec- tions therefor, prefixing to the name of each person his num- ber upon the roll. (Sec. 3, Municipal Electors’ Act.) 51. The said list shall give the names of the electors in each polling subdivision in the City separately, and a list shall be made for each of such subdivisions, and shall be in the form of Schedule C to this Act, as nearly as may be. (Sec. 4, Municipal Electors' Act.) 52. The Assessment Commissioner shall, opposite the name of the person, insert in the proper column of the list the number of the lot or other proper description of the real property in respect of which such person is qualified. (Sec. 7, Municipal Electors’ Act.) - 53. The assessment roll shall be understood to be finally rovised and corrected when it has been so revised and cor- rected by the Court of Revision for the City, or by the Judge of the County Court, in case of an appeal, as herein- after provided for, or when the time during which such ap- peal may be made has elapsed, and not before. (Sec. 8, Municipal Electors’ Act.) I902 Wisnirvo CHARTER. CAP. 77. 17 54. Immediately after the Assessment Commissioner has Posting up made the said alphabetical list, and within forty-five days ists. after the final revision and correction of the assessment roll, the Assessment Commissioner shall forthwith cause a copy of said list to be posted up, and to be kept posted up in a conspicuous place in his own office, and that of the City Clerk, and deliver or transmit by post, by letter, or by par- cel or book post, four of such copies to the Judge of the County Court of Winnipeg; and two of said copies to the Mayor and each alderman, and to each defeated candidate at the last election for Mayor or alderman. Such list of ºpe electors shall be printed, and a blank page shall be left at the p º end of said list for the purpose of having written thereon, or attached thereto, any certificate and statement that may be required to be appended or attached to the list upon or after the revision thereof. (Secs 9, 10 and 11, JMunicipal Elec- tors’ Act.) 55. Upon all copies of Said list shall be a certificate Certificate of over the name of the Assessment Commissioner in the fol-ć;er. lowing form, or to the like effect:— I, A. B., Assessment Commissioner of the City of Winni-Form. peg, do hereby certify that the within is a correct list for the year 19 of all persons appearing by the last revised assessment roll of the said City to be entitled to vote at nunicipal elections in said City; and I hereby call upon all persons to examine the said list, and, if any omissions or other errors are perceived therein, to take immediate pro- ceedings to have the said errors corrected according to law. Dated this day of A.D. 19 A. B., Assessment Commissioner of the City of Winnipeg. The date of such certificate shall be the date on which pººl the Assessment Commissioner first puts up such list in his Certificate. office, as hereinbefore provided. (Sec. 12, Municipal Elec- tors’ Act.) 56. There shall also be printed or written upon each copy Addresses on of said list, the name and post office address of the Mayor, ...º." Clerk, Treasurer, Assessment Commissioner, and Collector of the City, respectively; and the name and address of the Judge of the County Court of Winnipeg. (Sec. 13, Muni- cipal Electors’ Act.) 57. The Assessment Commissioner, after retaining for sale of copies. use in his office, and for purposes of revision and correction, as many copies of said list as he may deem necessary, shall 18 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Revision by County Judge. Complaints and appeals. Form. Notice Of complaint. deliver to the City Clerk the remaining copies, and the City Clerk may sell and dispose of any such copies before or after revision to any parties not entitled under this Act to receive them gratis, at a price not exceeding twenty-five cents for each copy. (Sec. 14, Municipal Electors’ Act.) REVISION OF LISTs. 58. The said list of electors shall be subject to revision by a Judge of the County Court of the judicial division in which the City is situate, at the instance of any person en- titled to vote in the City for which the list is made, on the ground of the names of electors being omitted from the list or being wrongly stated therein, or of names of persons be- ing inserted on the list who are not entitled to vote, or for mis-description of property, or for other alleged error which might affect the question of voting; and upon such revision the assessment roll shall not be conclusive evidence in re- gard to any particular whether the matter on which the right to vote depends had or had not been brought before the Court of Revision or had or had not been determined by that Court, and the decision of the Judge under this Act in regard to the right of any person to vote shall be final as re- gards such person. (Sec. 15, Municipal Electors’ Act.) 59. A complaint or appeal may be made on the ground of any person whose name is entered on the list being one of those who are disqualified or incompetent to vote under !. provisions of this Act, and may be in the following Ol”]]] – To the Assessment Commissioner of the City of Winnipeg. I, , a person entitled to vote in the said City, complain that the name is wrongfully entered in the list of electors for the said City, he being a person disqualified under the provisions of this Act. And take notice that I intend to apply to the Judge in respect thereof, in pursuance of the statute in that behalf. Dated this day of A.D. 19 (Signed) Residence, (Sec. 16, Municipal Electors' Act.) 60. Any elector or person entitled to be an elector mak- ing any complaint of any error or omission in the said list shall, within thirty days after the date of the certificate, as provided in section 55, give to the Assessment Commis- 1902 WINNIPEG CHARTER. CAP. 77. 19 sioner, or leave for him at his residence or place of busi- ness, notice in writing of his complaint and intention to ap- ply to the Judge in respect thereof; and if the office of As- sessment Commissioner is vacant by reason of death, resig- nation, or from any other cause, such notice may be given in like manner to the Mayor, and such notice shall be in the following form or a form to the like effect:- rſ To the Assessment Commissioner of the City of Winnipeg. Form of notice. 1, , a person entitled to be an elector for the said City, complain that is entitled to be an elector in the said City, but is wrongfully omitted from the list of electors; or (as the case may be), that is wrong- fully named in said list, and should be named ; Or (as the case may be), the name of is wrongfully in- serted in the list of electors; or (as the case may be), there are errors in the description of the property in respect to which the name of is entered on the list of electors. And take notice that I intend to apply to the Judge in respect of the above, pursuant to “The Winnipeg Charter.” The grounds of my appeal are as follows:–IState grounds of appeal shortly and concisely.] Dated this day of A.D. 19. Residence, 61. If the notice is given to or left at his office for the Nºrt - V] UI) UDC Mayor, he shall perform, or cause to be performed, such me- mayor. cessary acts as should be performed by the Assessment Com- missioner. (Sec. 19, Municipal Electors’ Act.) 62. So soon as the time limited for notices of appeal shall Assessment tº º is Commissioner have elapsed, the Assessment Commissioner of the City tº shall, in case any notices of appeal have been received, forth-ºnt. with apply to the Judge of the County Court for the district or division to fix a time and place for hearing said appeals. (Sec. 20, Municipal Electors’ Act.) 63. Upon receipt of such application the Judge shall fix Judge to fix. a convenient time and place for the hearing of Said appeal, gººd place and forthwith notify the Assessment Commissioner thereof.” The place for hearing said appeals shall be in the City Council Chamber. The day for hearing such appeals shall be fixed so that the Assessment Commissioner may have time to deposit in the post office a letter addressed to each person appealing, notifying him of such day or to notify such per- 20 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII son personally of such day ten clear days before the day fixed for hearing the said appeals. (Sec. 21, Municipal Electors’ Act.) Assessment 64. The Assessment Commissioner shall produce at such Commissioner § Court the original assessment roll and minutes of the Court 3.SSCSSI]n Cl] roll and of Iłevision of the assemment roll for such year. (Sec. 22, minutes. Municipal Telectors’ Act.) & Purchasers 65. If any person named as an elector in the said list ºple. has, before the time for filing notice of appeal as aforesaid *ś" with the Assessment Commissioner has expired, parted with thereon. the property in respect of which his name was entered in the list, the person to whom he has transferred the property shall be entitled to apply to the Judge to be entered on the list instead of the person originally named therein; and the person who has parted with such property may, upon giv- ing the notice to the Assessment Commissioner required by the next section of this Act, at least three days before the sitting of the Court hereinafter referred to, apply to the Judge to be entered on the list in respect of any other pro- perty which he may have acquired in the City and for which he has not been assessed, and the proceedings to be taken in such case shall be the same as in cases of appeal under this Act. (Sec. 23, Municipal Electors’ Act.) Form of 66. The form of notice that may be used by a person to nº by such whom assessed property has been transferred, and who perSon. g e claims to be entitled to vote thereon, shall be as follows, or to the like effect:- To the Assessment Commissioner of the City of Winnipeg. I, , a person entitled to be an elector in the said City, complain that the name of , inserted in the list of electors for the said City, should be stricken therefrom, he having before the date of this notice and since the revision and correction of the assessment roll by the Court of Revision, 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 list of electors, and that I am in possession of the same”). And take notice that I intend to apply to the Judge to have iny name entered on the said list, instead of the name Of the said , pursuant to the provisions of the statute in that behalf. - JDated the day of A.D. 19 (Signed) (Sec. 24, Municipal Electors’ Act.) 1902 WINNIPEG CHARTER. CAP. 77. 21 67. Upon receipt of the notice from the Judge the Assess- Assessment Ommission- ment Commissioner shall post up in his office the following erºtice ºf notice:— sitting of court e of revision. Notice is hereby given, that a Court will he held, pursuant Form. to “The Winnipeg Charter,” at r on the day of 19 , at * o'clock, in the noon, for the purpose of hearing all complaints made against the list of electors of the City of Winnipeg for 19 All persons having business at the said Court are hereby required to attend at the said time and place. Dated this day of A. D. 19 A. B., Assessment Commissioner of said City. 68. The Assessment Commissioner shall also cause to be Nºbe inserted in a newspaper published in the City the notice fol-" lowing:— Notice is hereby given, that a Court will be held, pursuant Form. to “The Winnipeg Charter,” by His Honour the Judge of the County Court of Winnipeg, at the Council Chamber, on the day of 19 , at o'clock in the noon, to hear and determine the several complaints of errors and omissions in the list of electors of the said City for 19 All persons having business at the said Court are required to attend at the said time and place. I}ated this day of A.D. 19 A. B., Assessment Commissioner of the said City. 69. The said Assessment Commissioner shall also give no-Notice by tice in writing, by mail or otherwise, to the party or parties º' " complained against, in the following form:— ºned You are hereby notified that, pursuant to the statute in Form. that behalf, a Court for the revision of the list of electors for 10 , for the City of Winnipeg, will be held by the Judge (or acting Judge) of the County Court of Winnipeg on the day of 19 , at o'clock, in the noon, at the City Council Chamber, and you are required to appear at the said Court, for that has complained that your name be stricken from the said list of electors, “because,” etc., (state matter of complaint concisely.) 22 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Take notice, that the Judge may proceed to hear and de- termine the said complaint, whether you appear or not. By order of His Honour the Judge of the said County Courts. -: To \ Entered on said list of electors.} A. B., Assessment Commissioner of the said City and Clerk of the Said Court. How notices 70. The notices mentioned in the foregoing section of this *** Act shall be served on the parties or mailed to them by the said Assessment Commissioner ten clear days before the day appointed by the Judge for holding the Court. (Sec. 25, Municipal Electors’ Act. ) . complainant 71. If any applicant or complainant entitled to appeal, §§ing dies or abandons his appeal or complaint, or having been on *P* the alphabetical list made and posted by the Assessment Commissioner as aforesaid, is afterwards found not to be entitled to be an appellant, the Judge may, if he thinks pro- per, allow any other person who might have been an appel- lant or applicant to intervene and prosecute such appeal or complaint, upon such terms as the Judge may think just. (Sec. 26, Municipal Electors’ Act.) Minors 72. Any person who is rated, or liable to be rated, on ºft” the assessment roll, for real property, and who will be of the within 60 days age of twenty-one years at any time within sixty days from the final revision and correction of the assessment roll, shall be entitled to apply to the Judge to have his name entered upon the list of electors or upon the assessment roll and list of electors, as the case may require. Provided he shall have given the notice of appeal as required and within the time specified by section 60 of this Act. (Sec. 27, Muni- cipal Electors’ Act.) Attendance of 73. Any party may obtain from the County Court of the W* district wherein the City is situate, a subpoena, or from a Judge thereof an order, requiring the attendance at the Court for hearing complaints as aforesaid, at the time men- tioned in such subpoena or order, of a witness residing or served with such subpoena or order in any part of this Pro- vince; and requiring any such witness to bring with him and produce at the Court any papers or documents men- 1902 --- WINNIPEG CHARTER. CAP. 77. 23 tioned in the subpoena or order; and every witness served with such subpoena or order, in the manner in which a sub- poena may be served in a suit in the County Court, shall obey the same; provided the allowance for his expenses, ac- cording to the scale allowed in County Courts, is tendered to him at the time of service. (Sec. 28, Municipal Electors’ Act.) 74. Any person complaining, or any person in respect of Willº to the insertion or omission of whose name a complaint is summons. made, shall, if resident within the City, upon being served with a subpoena or order therein, in the manner. in which a subpoena may be served in a suit in the County Court, obey the same without being tendered or paid any allowance for his expenses. (Sec. 29, Municipal Electors’ Act.) 75. The following may be the form of subpoena which Form of º e e Subpoena. Inay be issued under the last two preceding sections; and any number of names may be inserted in one subpoena or Judge's order in any case of complaint. MANITOBA: City of Winnipeg. To WIT. EDWARD, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith. GREETING: We command you that, all excuses being laid aside, you be and appear in your proper person before Our Judge of our County Court of Winnipeg, on the . day of 19 , at o'clock in the noon, at the City Council Chamber, at a Court there and then to be held, for hearing complaints of errors in the list of electors for 19 , of the City of Winnipeg, and for revision of the said list of elec- tC)]'S , 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 Winnipeg Charter’ wherein one 24 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Striking off electors for In OI)- attendance Judge to] Certify copies. Form of certificate is complainant, and which complaint is to be tried at the said Court. Herein fail not. Witness His Honor Judge of the said Courts at the day of A.D. 19 (Seal.) * A. B., Clerk. (Sec. 30, Municipal Electors’ Act.) 76. If any person, whose right to vote is the subject of inquiry, does not attend in obedience to a subpoena or order, issued and served upon him in the manner hereinbefore pro- vided, the Judge, if he thinks fit, in the absence of satisfac- tory evidence as to the ground of such non-attendance of such person or his agent, or as to the right of such person to be an elector, may, on the ground of the non-attendance of such person, strike his name off the list of electors, Qr refuse to place his name on the list of electors, as the case may re- quire, or impose a reasonable fine on such person, according to his discretion, or do both. (Sec. 31, Municipal Electors’ Act.) e 77. Immediately after the list has been fully revised and corrected by the Judge, he shall certify five copies of Said corrected list, and shall sign a statement with each of such certified copies, setting forth the changes, if any, which he has made in the list; the said statement and certi- ficate shall be in the form following:— Be it remembered that, upon a final revision and correc- tion of the list of electors of the City of Winnipeg for the year 19 , pursuant to the provisions of “The Winnipeg Charter,” the following changes were duly made by me in the copies of the said list received by me from the Assess- ment Commissioner of the said City, viz.: • 1. The following persons are added to the said list: Polling Subdivision. Property. Naline. 1902 - WINNIPEG CHARTER. CAP. 77. 25 2. The following persons are struck off the said list: Polling Name. Subdivision. Property. 3. The following changes are made in the property de- Scribed opposite to the names of electors otherwise correctly inserted: - Polling Property as originally Subdivision. described on list. Property as altered. Name. 4. The following changes are made in the names of elec- tors incorrectly named: - N iginall Polli a11162 cºna y on sušján. Name as altered. Property. Witness my hand this day of A. D. 19 , at the City of Winnipeg. Judge of the County Court of Winnipeg. Q 26 CAP. 77. - WINNIPEG CHARTER. 1-2 EDW. VII Judge to transmit copies to certain officers. ASSCSSment Commissioncr to apply for Certificate when no conn- plaints madc. Form of ASSessment, Commission- er's appli- cation. I, , Judge of the County Court of Winnipeg, pursuant to the provisions of “The Winnipeg Charter,” do hereby certify that the above (as the case may be) is a correct copy of the list of electors for the year 19 , received by me from the Assessment Commissioner of the City of Winnipeg, according to my revision and correction thereof, pursuant to the provisions of the said Charter. Given under my hand and seal at the City of Winnipeg, this day of A.D. 19 (Seal.) - Judge, etc. (77 a.) The Judge shall retain one of such certified cop- ies and one statement, and shall deliver or transmit by post, registered, two of such certified copies and two of such state- iments to the clerk to be kept by him among the records of his office; one to the Assessment Commissioner and the re- maining certified copy and statement to the Minister of Ag- riculture and Immigration. (Sec. 33, Municipal Electors’ Act.) 78. In case no complaint respecting such list is received by the Assessment Commissioner within thirty days after he has posted up the said list in his office, the said Assessment Commisioner shall forthwith apply to the Judge to certify five copies of such list as being the revised list of electors for the City. The application of the Assessment Commissioner shall be in writing and may be in the form following: To the Judge of the County Court of Winnipeg. I, , Assessment Commissioner of the City of Wilnipeg, do hereby certify as follows: That I did, on the day of 19 , post up, and, for a period of thirty days next there- after, keep posted up, in a conspicuous place in my office at the City of Winnipeg, a true and correct printed copy of the list of electors for the said City for 19 , made in pursil- ance of “The Winnipeg Charter,” with the certificate re- quired by section 55 of the said Charter indorsed thereon. That I did also duly deliver and transmit by post, by let- ter, (or “by parcel post” or “by book post,”) the required number of similar printed copies of the said list of electors, with my certificate indorsed, to each and all of the persons entitled to the same by said Charter. 1902 y WINNIPEG CHARTER. CAP. 77. 27 That no person gave me nor did I receive any written notice of complaint and intention to apply to the Judge (or acting Judge) of the County Court in respect to the said list of electors within thirty days after I, the said Assess- ment Commissioner, had posted up the said list in my office, as directed by the provisions of the said Charter. And that to the best of my knowledge and belief I have complied with the several requirements of the said Charter, So as to entitle me to apply for certified copies under said Charter; and I do hereby, in pursuance thereof, now apply to you the said Judge to certify five of the copies of the said list of electors for the said City for the year of our Lord, 19 Witness my hand this day of A. D. 19 * * * * * * > * e o e º e º e s e e g tº Assessment Commissioner. (Sec. 34, Municipal Electors’ Act.) 79. The Judge shall thereupon certify five copies of Judge's the said list, and shall retain one of such certified copies, * and deliver or transmit by post, registered, two of Such cer- tified copies to the Clerk, to be kept by him among the re- cords of his office, one to the Assessment Commissioner, and the remaining certified copy to the Minister of Agriculture and Immigration. The certificate of the Judge shall be in the following form : sº - A. B., Assessment Commissioner of the City of Winni-Form. peg, having certified under his hand that no complaint re- specting the list of electors for the said City, for the year 19 , has been received by him within thirty days after the first posting up of the same; and on application of the Assessment Commissioner, I, , Judge of the County Court of Winnipeg, in pursuance of the provisions of “The Winnipeg Charter,” certify that the annexed list of electors, being one of the copies received by me from the said Assessment Com- missioner, under the provisions of Said Charter, is the re- vised list of electors for the said City for the year 19 Given under my hand and Seal, at the City of Winnipeg, this day of , A.D. 19 . [Seal.] - • . . . . . . . . . . . . - - - - (Sec. 35, Municipal Electors’ Act.) CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Cortified copies. 80. Any copy of the list of electors, and of such certified statement of revision and correction, certified by the Clerk, under the seal of the City, to be a true copy of the certified list of electors received by him from the Judge as aforesaid, or by any of the persons aforesaid, having legal custody of a . Judge’s certified copy of said list, to be a true copy of the Powers of Judge under Act 7'e list of electors. Constable or bailiff, his duties and fees. Duties of ASSessment Commissioner. ASSeSSment, Commissioner entitled to no extra Compen- sation. Where court, of revision to be held. last or other list of electors of the City as finally revised and corrected by the County Court Judge shall be taken and held to be prima facie a correct list of electors for the City of Winnipeg for the year in which it purports to have been made without any proof of the signature of such person so certifying such list, or of such seal. (Sec. 36, Municipal I'lectors’ Act.) - 81. In all proceedings before the Judge under this Act, the Judge shall have, with reference to the matters herein contained, all the powers which belong to or might be exer- cised by him in the County Court. (Sec. 37, Municipal Electors’ Act.) MISCELLANEOUS PROVISIONS. 82. The Judge shall have power to appoint some proper person to attend at the sittings of the Court as a constable or bailiff; and the duties and powers of such person thereat shall be as nearly as may be the same as those of the bailiff of a County Court at a sitting of a County Court and in re- ference thereto; and the expenses of the person so appointed. and attending shall be borne by the City, and shall include such allowance for loss of time, trouble and travelling fees as may be certified by the Judge to be reasonable; and the amount certified by the Judge shall be paid to such person by the Treasurer of the City upon the production and de- posit with him of the Judge's certificate. (Sec. 38, Muni- cipal Electors’ Act.) 83. The Assessment Commissioner shall be subject to the summary jurisdiction and control of the County Court Judge in respect of the performance of his duty under this Act, and in respect to every act required to be performed by such Assessment Commissioner touching the list of electors, in the same manner as officers of the County Court are to the Court. 84. The Assessment Commissioner shall be entitled to no compensation for any work in connection with the making or revision of the list of electors. (Sec. 39, Municipal Elec- ters’ Act.) *. 85. The Court for the revision and correction of the list of electors shall be held in the Council Chamber in said City. (Sec. 40, Municipal Electors’ Act.) 1902 WINNIPEG CHARTER. CAP. 77. 29 86. The Judge shall be paid, before delivering his cer-Judge's fees tificate, the sum of five dollars for every day’s actual and” necessary attendance while sitting at such Court engaged in the revision of said lists; and such payment and all other Payment of charges, not otherwise hereinafter provided for, necessary;” to be incurred in connection with the holding and proper conduct of the business of the Court, shall be paid by the Treasurer upon the certificate or voucher of the Judge as to the Service performed, and in cases other than as to his own fees as to the nature of and necessity for the service per- formed. (Sec. 41, Municipal Electors’ Act.) 87. In all disputed cases coming before said Judge in Payment of connection with the revision and correction of the said lists, * and in all cases where an application is dismissed as being unwarranted, or where the Judge shall consider that the ground of the application was known, and that the purpose of such application might have been accomplished by ap- plication to the municipal Court of Revision otherwise than through the medium of the Court then being held by said Judge, and, notwithstanding anything in this Act appearing to the contrary, the said Judge may order the applicant or other person in the position of the respondent and being a party interested in the application before the Court, or who has been made a party by the Court and has failed to appear after due notice and is within the jurisdiction of the Court, to pay a hearing fee of two dollars and such reasonable costs, if any, as the Judge may determine; and payment of such fees and costs, or either, may be enforced by execution, or otberwise, in the manner herein provided for the recovery of any penalty, fine or costs incurred or ordered to be paid Tunder the provisions of this Act; but this clause shall not be Proviso. held to limit the power of the Judge to deal with any appli- cation or matter coming before him in said Court in any other manner mentioned in this Act, and this clause may be read as supplementary to anv other clause in the Act of a similar character wherever it can be properly construed as so intended. (Sec. 42, Municipal Electors’ Act.) 88. If the Judge who holds a Court believes that frauds Judge to & - © - report fraudu- in respect to the assessment or lists of electors have pre-i.ºrº. vailed in the City it shall be his duty to report the same to the Council, with such particulars as to names and facts as he may think proper. (Sec. 43, Municipal Electors’ Act.) 89. The Judge shall have power to amend any notice Amendments. or other proceeding upon such terms as he may think proper. (Sec. 44, Municipal Electors’ Act.) 90. In case of errors being found in the said list on ºable the said revision thereof, whether such errors are in the * * 30 CAP. 77. WINNIPEG CHARTER. 1–2 EDW. VII ºhose Onlission of names, the inaccurate entry of names, or the were incurred. entry of names of persons-not entitled to vote, if it appears to the Judge that the assessors, or either of them, were or was blameable for any of the said errors, the Judge shall order the assessors or assessor, either alone or jointly with any other person, to pay all costs occasioned by the same; and in case of errors for which the Assessment Commission- er was to blame, the Assessment Commissioner, either alone or jointly with any other person, shall be charged with the costs; and in case of errors of the Court of Revision, the City shall, either alone or jointly with any other person, pay the costs, subject to any claim which the City may justly have against the guilty parties; or the Judge may order the assessor, assessors, the Assessment Commissioner, or the City, gº in any such case to pay the costs, if any party fails to recover the same from any other party named and ordered to pay the same; and, in all cases not herein provided for, the costs shall be in the discretion of the Judge. (Sec. 45, Munici- pal Electors’ Act.) 91. The order of payment of such costs may be in the following form: — Form of order. In the matter of the list of electors for the City of Win- ºnent ºf nipeg for 19 , and of the complaint and appeal to the Judge of the County Court of Winnipeg, by A.B., complain- ing of the name of C. D. 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 Winni- peg Charter,” I find and adjudge that the name of the said C.D. was rightly inserted in the said list, (or, “ was wrongly inserted in the said list ") and order that the said A. B. do pay the said C. D. his costs occasioned by the said complaint (or, “ and order the said C.D. shall pay the said A.B. his costs incident to the said complaint,” or, “ and order that E. F., the assessor, assessors or Assessment Commissioner (as the case may be) of the said City, being blameable for such wrong insertion, do pay the said A. B. his costs inci- dent to such complaint,” or, as the case may be, stating it in brief); said costs to be taxed pursuant to the said Charter. Dated at the City of Winnipeg this day of A. D. 19 . * * * * * * * * , e. e. e. e. e. e º e e s e e (Sec. 46, Municipal Electors’ Act.) 1902 WINNIPEG CHARTER. CAP. 77. 31 92. No costs shall be allowed under any proceeding un- Scale of costs. der this Act, other or higher than would be allowed in the County Court. (Sec. 47, Municipal Electors’ Act.) 93. The only costs to which the appellant shall be liable Appellants shall be the hearing and witness fees, unless in a case of bad “” faith on his part. (Sec. 48, Municipal Electors’ Act.) 94. The payment of any costs ordered to be paid by Execution for the Judge may be enforced by an execution against goods” and chattels, to be issued from the County Court of Winni- peg upon filing therein the order of the Judge, and an affi- davit showing the amount at which such costs were taxed and the non-payment thereof. (Sec. 49, Municipal Electors’ Act.) 95. The writ of execution may be in the following form: EDWARD THE SEVENTH, by the Grace of God, of the United Form of Ringdom of Great Britain and Ireland, and of the Writ. British Dominions beyond the Seas, King, Defender of the Faith. To the Bailiff of the County Court of Winnipeg. GREETING: We command you that, of the goods and chattels in your bailiwick of C. D., you cause to be made dollars, for certain costs which lately by an order of His Honour the Judge of the said County Court, dated the day of , 19 , were ordered to be paid by said C. T). to A. B., as and for his costs sustained by him or the trial of a complaint against the list of electors of the City of Winnipeg for 19 , made and prosecuted under the provisions of “The Winnipeg Charter,” which said costs have been taxed and allowed at the said sum as appears on record; and have said money before our Judge of our said Court at tjie City of Winnipeg immediately after the execution there- of ; and in what manner you shall have executed this our writ make appear to our Judge aforesaid at the said City of Winnipeg immediately after the execution thereof, and have you there and then this writ. Witness, His Honour , Judge of our said County Court, at Winnipeg, the day of - , in the year of our Lord, 19 A. B., [Seal.] Clerk. (Sub-Sec, (b) of Sec. 49, Municipal Electors’ Act.) 32 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. WIl Ele tors added to be liable for taxes. Order for assessment of persons added. 96. If any person not assessed, or not sufficiently as- SCssed, is found entitled to vote, the City shall be entitled to recover taxes from him, and to enforce payment thereof, by the same means and in the same manner as if he had been assessed on the roll for the amount found by the Judge; and the Judge shall make an order, setting forth the names of the persons so liable, and the sum for which each person should have been assessed, and the land or other property in respect of which the liability exists; and each order shall be transmitted to the Assessment Commissioner of the City, and shall have the same effect as if the said particulars had been inserted in the roll. 97. The order for such assessment shall be in the fol- lowing form — In the matter of assessment for the year 19 , in the City of Winnipeg. * The persons mentioned in the first column of the schedule following, not being assessed, or not being sufficiently as- sessed, on the assessment roll of the City of Winnipeg for the year 19 , and having been found entitled to vote, on proceedings taken before me, the Judge of the County Court of Winnipeg, under “The Winnipeg Charter,” in pursuance of the said Charter, it is adjudged that the said parties men- tioned in the first column of the following schedules respec- tively, should have been assessed for the sums mentioned in the second column, respectively, opposite their respective names, in respect to the land or other property or qualifica- tion mentioned in the third columns of said schedules, re- spectively, opposite the respective names of said parties, and it is Ordered that the said parties shall be assessed accord- ingly. T)ated the day of A. D. 19 County Court Judge. 1902 CAP. 77. 33 WINNIPEG CHARTER. SCHEDULE 1. Column I. Column 2. Column 11 3. Names of persons liable to have been assessed on the Assessment Roll for the City of Winnipeg, for the year I9 , but not assessed. Sessed. Amount for which the party should have been as- Property in respect to which the liability to assess- ment exists. SCHEDULE 2. Column 1. Names of persons not suf- ficiently assessed on the As- sessment Roll for the City of Winnipeg for the year 19 Column 2. Column 3. Amount for which the parties should be assessed| Property in respect to in addition to the amount already on the Assessment Roll. which the liability to assess- ment exists. (Sec. 50, Municipal Electors’ Act.) . 98. The times appointed for the performance, by the Provisions as Assessment Commissioner, of the duties required of him by this Act, as to the list of electors, shall be directory only to to time directory only. the said Assessment Commissioner; and the non-perform- ance by him of any of the said duties within the time ap- pointed shall not render null, void or inoperative any of the lists in this Act mentioned. Act.) (Sec. 51, Municipal Electors’ 34 CAP. 77. . WINNIPEG CHARTER. 1-2 EDw. VII Provision to compel revision of ists. Any elector may make application. ... Judge's order on such application. Form. 99. In case the Assessment Commissioner fails to perform any of the duties aforesaid, the Clerk of the County Court, upon the application of a person entitled to be named as an elector on the list of electors for the City, shall forth- with apply summarily to the Judge of the County Court of Winnipeg to enforce the performance of the same. - 100. The application may be in the following form:- Pursuant to section 99 of “The Winnipeg Charter,” I, A. B., Clerk of the County Court of Winnipeg (or “a person en- titled to be named as an elector on the list of electors for the City of Winnipeg, for 19 ,”) hereby inform. His Honour the Judge of the County Court of Winnipeg, that C. D., Assessment Commissioner of the City, has failed to perform the duties required of him as such Assessment Commissioner by the said Charter, in this, that he, the said C. D., has not made out the alphabetical list of electors for 19 , for the said City within thirty days after the final revision and correc- tion of the assessment roll thereof (or “has not delivered or transmitted copies of the list of electors for the said City for 19 , to and * and or to any of them,” (or, as the case may be, stating in brief the duty not performed), according to the requirements of the said Charter; and I apply to you, the said Judge, to en- force the performance of the duties aforesaid, and to take such other proceedings as may be necessary. Dated at Winnipeg, this day Cf 19 . A. B., Clerk of County Court. 101. 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. (Sec. 52, Municipal Elec- tors’ Act.) 102. The Judge shall, on such application, require the Assessment Commissioner, and any other person he sees fit, to appear before him and produce 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 exam. imation on oath as may be required of him or them, and the Judge shall thereupon make such orders and give such direc- tions as he may deem necessary or proper for the purpose aforesaid. 103. The summons or order of the J udge shall be in th following form:- - 1902 WINNIPEG CHARTER. CAP. 77. 35 In the matter of the list of electors for the City of Win- nipeg. Whereas, it appears by the application of A. B., Clerk of the County Court of Winnipeg (or “a person entitled to be named as an elector on the said list") made to me in pur- Suance of “The Winnipeg Charter,” that you, C.D., the As- sessment Commissioner of the said City, have failed to per- form certain duties required of you by the said Charter in this that you have not made out the alphabetical list of elec- tors for 19 , for the said City, within thirty days after the final revision and correction of the assessment roll thereof (or as the case may be, following the application); and whereas the said A. B. has applied to me to enforce the per- formance of the duties aforesaid; - You, the said C. D., are therefore hereby required to be and appear before me at my chambers, in the Court House, Winnipeg, on the day of 19 , at the hour of o'clock in the noon, and then and there have with you and produce before me the as- sessment roll for 19 for the said City, and any documents in your custody, power or control, relating to the assessment roll, or to the list of electors aforesaid; and then and there Submit yourself for examination on oath as may be required of you. Herein fail not at your peril. JDated this day of A.D. 19 To C. D., Assessment Commissioner of the City of Winnipeg. (Sec. 53, Municipal Electors’ Act.) 104. If the Assessment Commissioner improperly omits, flºat neglects or refuses to complete the list of electors or to per- "...e. form any of the duties hereinbefore required of him, such $º Asssssment Commissioner, for each omission, neglect or re-etc. fusal, shall incur a penalty not exceeding two hundred dol- lars. (Sec. 54, Municipal Electors’ Act.) 105. If the Assessment Commissioner or any other person Punishment wilfully makes any alteration, omission or insertion, or in tisification of any way wilfully falsifies any such certified list or copy, or " permits the same to be done, every such person shall incur a penalty not exceeding two thousand dollārs, or in default of payment shall be imprisoned in the common gaol of the Eastern Judicial District of Manitoba for a period not ex- ceeding six months, in the discretion of the said Judge. (Sec. 53, Municipal Electors’ Act.) - 36 CAP. 77. , WINNIPEG CHARTER. 1-2 EDW. VII ºn. 106. No person shall make, execute, accept or become a party to any lease, deed or other instrument or become a party to any verbal agreement whereby a colorable interest in any house, land or tenement is conferred in order to qualify any person to vote at an election, and any person vio- Penalty. lating the provisions of this section, besides being liable to any other penalty prescribed in that behalf, shall incur a penalty of one hundred dollars, and any person who induces, or attempts to induce another to commit an offence under this section, shall incur a like penalty. (Sec. 56, Munici- pal Electors’ Act.) Fºot 107. The penalties mentioned in the three last preceding Sections may be recoverable, with costs of suit, by any per- son Suing for the same in any Court of competent jurisdic- tion. (Sec. 57, Municipal Electors’ Act.) Inquiries by 108. To prevent the creation of false votes, where any êºor person claims to be assessed, or claims that any other person should be assessed as owner or occupant of any parcel of land, and the Assessment Commissioner has reason to suspect that the person so claiming, or for whom the claim is made, has not a just right to be so assessed, it shall be the duty of the Assessment Commissioner to make reasonable inquiries * before assessing such person. (Sec. 58, Municipal Act.) flºº for 109. Any person who wilfully and improperly inserts any 1116.ga, tº - es practices, name in the assessment roll, or assesses any person at too high an amount, with intent in either case to give any person, not entitled thereto an apparent right of voting at any election, or who wilfully inserts any fictitious name in the assessment roll, or who wilfully and 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 competent jurisdiction, be liable to a fine not ex- ceeding two hundred dollars, and in default of payment, to imprisonment in the common gaol of the Eastern Judicial District of Manitoba, for a period not exceeding six months, in the discretion of the Court. (Sec. 59, Municipal Elec- tors’ Act.) Extra copies 110. In case any person shall, in any year, deem it ad- may be had on . . . o g - ... ." wº tº jiàº." visable to obtain a greater number of copies of the said list of electors of the City than he is entitled to receive gratis under this Act, he may notify the Assessment Commissioner that he will require an extra number of copies of said list, stating how many; and it shall be the duty of the said AS- scssment Commissioner to cause a sufficient number of cop- 1902 WINNIPEG CHARTER. CAP. 77. 37 ies to be made to meet this extra demand. (Sec. 60, Muni- cipal Electors’ Act.) 111. The words householder (H.), freeholder (F.), and Householder tenant (T.), appearing on the assessment roll pursuant to §. the provisions of this Act shall, for the purpose of said pro-" " visions relating to lists of electors, be held also to mean re- spectively occupant (Oc.), owner (O.), or tenant (T.), and shall be so entered in the list of electors by the Assessment Commissioner. (Sec. 61, Municipal Electors’ Act.) WHERE ELECTORs MAY WOTE. 112. Every elector may vote in each ward in which he voting place. has been rated for the necessary property qualification, but in case cf voting for the Mayor, the elector shall be limited to one vote. (Sec. 110, Municipal Act.) 113. Every elector who is entitled to a vote in more than where one polling subdivision, shall vote for Mayor at the pollingº” subdivision in which he is a resident, if qualified to vote” therein; or when he is a non-resident or is not entitled to vote in the polling subdivision where he resides, then where he first votes and there only. (Sec. 111, Municipal Act.) 114. Any person who votes for Mayor after having Penalty for already voted for Mayor at some other polling place at that "*** election, and any person who shall vote for alderman in any ward after having already voted for alderman in that ward, shall incur a penalty of fifty dollars, to be recov- cred, with full costs of suit, by any person who may sue for the same in the County Court of Winnipeg; and any per- son against whom judgment is rendered shall be ineligible either as a candidate or elector at the next annual election. (Sec. 112, Municipal Act.) 115. The receipt by any voter of a ballot paper within ſº, the polling booth shall be prima facie evidence that he has ºf there and then voted. (Sec. 113, Municipal Act.) having voted. 116. The returning officer, on the request of any elector Certificate to g C. § entitle deputy entitled to vote at one of the polling places, who has been ºming e l •e 'ning officer or ll clerk : who has officers, poll appointed deputy returning officer or poll clerk, or who has ºi been named as an agent of a candidate to attend at any poll-º. * * ing place other than the one where he is entitled to vote, stationed. shall give to such elector a certificate that he is entitled to vote at the polling place where he is to be stationed during the polling day; and the certificate shall also state the pro- perty or other qualification in respect of which he is entitled to vote. (Sec. 114, Municipal Act.) 38 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Right to \ote on production of certificate. Who to administer oath. Oaths, etc. of persons claiming to VOte. 117. On the production of the certificate, the deputy re- turning officer, poll clerk or agent shall have the right to vote at the polling place where he is stationed during the polling day, instead of at the polling place where he would otherwise have been entitled to vote; and the deputy re- turning officer shall attach the certificate to the list of elec- tors; but no such certificate shall entitle such elector to vote at such polling place, unless he has been actually engaged as such deputy returning officer, poll clerk or agent during the day of polling; nor to vote for aldermen, except in the ward where he would otherwise be entitled to vote. (Sec. 115, Municipal Act.) - 118. In case of a deputy returning officer voting at the polling place where he has been stationed, the poll clerk ap- pointed to act at the polling place, or, in the absence of the poli clerk, any elector authorized to be present may admin- ister to the deputy returning officer the oath required by law to be taken by voters. (Sec. 116, Municipal Act.) OATHs. 119. The only oaths or affirmations to be required of a person claiming to vote shall be as follows, or to the like effect:- You swear (or solemnly, sincerely and truly declare and affirm) that you are the person named, or purporting to be named, in the list of electors now shewn to you (showing the list to the voter); - That you are a natural born (or naturalized) subject of IIis Majesty, and of the full age of twenty-One years; That you have not voted before at this election, either at this or any other polling place in this ward, and (if the elector be tendering his vote for mayor), that you have not voted before or elsewhere in this City or at this election for Inlayor ; . That you have not directly or indirectly received any re- ward or gift, nor do you expect to receive any reward or gift, for the vote which you tender at this election; That you have not received anything, nor has anything been promised you, directly or indirectly, either to induce you to vote at this election or for loss of time, travelling ex- penses, hire of team or any other service connected with this election; And that you have not, direétly or indirectly, paid or promised anything to any person to induce him either to vote or to refrain from voting at this election. So help you 1902 WINNIPEG CHARTER. CAP. 77. 39 God. (Omit last four words where party affirms.) (Sec. 118, Municipal Act.) 120. Such oaths or affirmations shall be administered by when and the returning officer or deputy returning officer, as the caseº.” may be, at the request of any candidate or his authorized * agent, and no inquiries shall be made of any voter except with respect to the facts specified in such oaths or affirma- tions. (Sec. 120, Municipal Act.) POLLING. 121. In case of a poll at an election of persons to serve in Yºº be the Council, the votes shall be given by ballot. (Sec. 121, * * Municipal Act.) e 122. During the hours appointed for polling no person certain shall be entitled or permitted to be present in any polling ... to be place, other than the officers, candidates, clerks, and not;aces more than two agents for each candidate, which agents shall de appointed in writing by the candidates and authorized to attend at such polling place, and such voter as is for the time being actually engaged in voting; it shall at all times be Deputy lawful for the deputy returning officer to have present or to jºy summon to his assistance in such polling place any police ś." constable or peace officer, for the purpose of maintaining constables. order or of preserving the public peace, or preventing any breach thereof, or of removing any person or persons who may, in the opinion of such deputy returning officer, be ob- structing the polling or wilfully violating any of the pro- visions of this Act. (Sec. 122, Municipal Act.) 123. The deputy returning officer shall, immediately be-Deputy º e •eturnin fore the commencement of the poll, show the ballot box to jºshow such persons as are present in the polling place, so that they ..."'" may see that it is empty; and he shall then lock the box and .º.º.d place his seal upon it in such manner as to prevent its being seal same. cpened without breaking the seal; and he shall then place the box in his view for the receipt of ballot papers, and shall keep it so locked and sealed. (Sec. 123, Municipal Act.) 124. Where any person claiming to be entitled to vote Proceedings presents himself for the purpose of voting, the deputy re-º" " turning officer shall proceed as follows:– (a) He shall ascertain that the name of such person is Name, entered, or purports to be entered, upon the list of electors for the polling subdivision for which such deputy returning officer is appointed to act. 40 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII . Recording. Oath. Objection. Refusal to take oath. Penalty for taking vote after refusal. Ballots to be initialled by deputy: returning Officer. Dolivery of ballot papers. (b) IIe shall record, or cause to be recorded, in the pro- per column of the poll book, the name, residence, and the legal addition of such person. (c) If such person shall take the oath or affirmation re- quired to be taken by voters, the deputy returning officer shall enter or cause to be entered opposite such person’s Iname, in the proper column of such poll book, the word “sworm * or “affirmed,” according to the fact. --- (d) Where the vote is objected to by any candidate or his agent, the deputy returning officer shall enter the objec- tion, or cause the same to be entered, in the poll book by Writing Opposite the name of such person, in the proper column, the words “objected to,” stating at the same time by which candidate or on behalf of which candidate the ob- jection has been made, by adding after the words “objected to * the mame only of such candidate. (e) Where such person as aforesaid has been required to take the oath or affirmation, and refuses to take the same;NT the deputy returning officer shall énter or cause to be en- tered opposite the name of such person, in the proper column of the poll book, the words “Tefused to be sworn,” or “Re- fused to affirm,” according to the fact; and the vote of such person shall not be taken or received, and no person shall have the right to present himself more than once for the purpose of voting; and if the deputy returning officer takes or receives such vote, or causes the same to be received, he shall incur the penalty of $100, to be recovered, with full costs of suit, by any person who shall sue for the same by action of debt in the County Court of Winnipeg. (f) When the proper entries respecting the person so claiming to vote have been made in the poll book, in the manner prescribed, the deputy returning officer shall sign his initials upon the back of the ballot paper. (g) The ballot paper shall be delivered to such person. (Sec. 124, Municipal Act.) Modeoſ voting 125. The deputy returning officer may, and upon request to be explain- ed to voters on request. Penalty for default in signing or initialling ballot. shall, either personally or through his sworn poll clerk, ex- plaim to the voter, as concisely as possible, the mode of vot- ing. (Sec. 125, Municipal Act.) - 126. Every deputy returning officer refusing or omitting to sign his initials upon the back of the ballot paper, as pro- vided by this Act, shall forfeit to any person aggrieved by such refusal or omission the sum of ten dollars in respect of every ballot paper deposited at his polling sub-division upon which the said deputy returning officer has not signed his 1902 WINNIPEG CHARTER. CAP. 77. 41 name or initials, as aforesaid, and the same may be recov- ered, with full costs of suit, by action of debt in the County Court of Winnipeg. (Sec. 126, Municipal Act.) 127. The deputy returning officer or poll clerk shall indi- Deputy re. cate opposite the name of every voter in the poll book whether ºf he has voted for Mayor and Aldermen, both or either. (Sec. º.º.” 127, Municipal Act.) & jiàº. 128. Upon receiving from the deputy returning officer the Marking ballot paper so prepared as aforesaid, the person receiving” the same shall forthwith proceed into the compartment pro- vided for the purpose and shall there and therein mark his ballot paper in the manner mentioned in the direction con- tained in Schedule B to this Act by placing a cross thus, X, On the right hand side opposite the name of any candidate for whom he desires to vote, or at any other place within the di- vision which contains the name of such candidate; and he shall then fold the ballot paper across so as to conceal the names of the candidates and the marks upon the face of such paper and so as to expose the initials of the deputy returning Officer, and, leaving the compartment, shall, without delay and without showing the front to any one or so displaying the ballot paper as to make known to any person the names of the candidates for whom he has marked his vote, deliver such ballot paper so folded to the deputy returning officer, who shall, without unfolding the same or in any way disclosing the names of the candidates or the marks made by such elec- tor, verify his own initials and at once deposit the same in the ballot box in the presence of all persons entitled to be present in the polling place; and the voter shall forthwith leave the polling place. (Sec. 128, Municipal Act.) 129. While the voter is in any balloting compartment for Exclusion e e alloti the purpose of marking his ballot paper, no other person shallº be allowed to enter the compartment or to be in any position from which he can observe the mode in which the voter marks his ballot paper. (Sec. 129, Municipal Act.) 130. No person who has received a ballot paper from the voters not to deputy returning officer shall take the same out of the poll- Hºg ing place, and any person having so received a ballot paper,” who leaves the polling place without first delivering the same to the deputy returning officer in the manner prescribed, shall thereby forfeit his right to vote, and the deputy return- ing officer shall make an entry in the poll book, in the column for remarks, to the effect that such person received a ballot paper but took the same out of the polling place or returned voter, after the same declining to vote, as the case may be; and in theißer, latter case the deputy returning officer shall immediately $.” 42. CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Write the word “declined ” upon such ballot paper and shall preserve the same; and, in case the returning officer be not himself performing the duties of deputy returning officer, the deputy returning officer shall return said ballot paper to the returning officer as hereinafter directed. (Sec. 130, Municipal Act.) rºlingsin, 131. In case of an application by any person claiming to iº be entitled to vote, who is incapacitated by blindness or other physical cause from marking his ballot paper, or in case of any person claiming to be entitled to vote who makes a de- claration that he is unable to read, the proceedings shall be as follows: (a) The deputy returning officer shall, in the presence of the agents of the candidates, cause the vote of such person to be marked on a ballot paper in the manner directed by such person, and shall place the ballot paper in the ballot box; (b) The deputy returning officer shall state or cause to be stated in the poll book, by an entry opposite the name of Such person, that the vote of such person is marked in pur- Suance of this section, and the reason why it is so marked; (c) The declaration of inability to read or of incapacity 10 mark a ballot paper shall be made by the person claiming to be entitled to vote at the time of the polling before the deputy returning officer, who shall attest the same; and the said declaration shall be given to the deputy returning officer at the time of voting; (d) The said declaration and attestation shall respectively be in and according to the form following:— I, A. B., of being numbered on the poll book for polling subdivision No. , in the City of Winnipeg, being a duly qualified elector for the said City of Winnipeg, do hereby declare that I am unable to read (or that I am from physical incapacity unable to mark a voting paper, as the case may be). Dated the day of , A.D. 19 Aſis A. B., X Mark I, C. D., the undersigned, being the deputy returning officer for polling subdivision No. for the City of Win- nipeg, do hereby certify that the above (or as the case may be) declaration, having been first read to the above named A. B., was signed by him in my presence with his mark. JDated the day of , A.D. 19 C. D., Deputy Returning Officer, Polling Subdivison No. in the City of Winnipeg. (Sec. 131, Municipal Act.) 1902 WINNIPEG CHARTER. CAP. 77. 43 132. A person claiming to be entitled to vote, who has in- Proceedings in advertently dealt with his ballot paper in such a manner that º it cannot conveniently be used as a ballot paper, may, on de-" livering to the deputy returning officer the ballot so inadvert- ently dealt with, and proving the fact of the inadvertence to the satisfaction of the deputy returning officer, obtain an- other ballot paper in the place of the ballot paper so deliv- ered up, and the deputy returning officer shall immediately write the word “cancelled ” upon such ballot paper, and preserve the same; and in case the returning officer is not himself performing the duties of deputy returning officer, the deputy returning officer shall return the ballot paper to the returning officer as hereinafter directed. (Sec. 132, Municipal Act.) 133. Immediately after the close of the poll in every poll- Counting the ing place, the deputy returning officer shall, in the presence”. of such of the candidates or of their agents as may then be present, open the ballot box, and proceed to count the votes, as follows:— \ (a) He shall examine the ballot papers, and any ballot fººd º g e all OUS. paper on which more votes are given than the elector is en- titled to give, or on which anything except the initials of the deputy returning officer on the back is written or marked, by which the vote can be identified, shall be void and shall not be counted; and any ballot paper on which votes are given for a greater number of candidates for any office than the voter is entitled to vote for, shall be void as regards all the candidates for such office. (b) The deputy returning officer shall take a note of any Deputy re. • . . *3. º turning officer objection made by any candidate, his agent or any elector tº: horized * ball • f l i h Objections to authorized to be present, to any ballot paper found in the j. ballot box, and shall decide any question arising out of the objection; (c) Each objection shall be numbered and a correspond-Objection to tº - * . . be numbered ing number placed on the back of the ballot paper and ini-to correspond • ‘s e with ballot. tialed by the deputy returning officer. (d) The deputy returning officer shall endorse “Rejected”; , , on any ballot paper which he rejects as invalid, and shall en- endorsed. dorse “Rejection objected to,” if any objection is made to his decisión. (e) The deputy returning officer shall then count up the votes given for each candidate upon the ballot papers not re- jected, and make up a written statement, in words as well as in figures, of the number of ballot papers rejected and not counted by him, which shall be made under the several heads:— 44 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII (1) Number of ward and polling division and the date of election. (2) Number of votes for each candidate. (3) Rejected ballot papers. §ºt to (f) Upon the completion of such written statement it “ shall be forthwith signed by the deputy returning officer, the poll clerk (if any), and such of the candidates or their agents as may be present and desire to sign such statement. (Sec. 133, Municipal Act.) - Agents 134. No more than two agents for any candidate shall be entitled to be e e e present. entitled to be present at the same time at the counting of the votes. (Sec. 134, Municipal Act.) Certificate of 135. Every deputy returning officer, on being requested tº so to do, shall deliver to the person authorized to attend at his polling place a certificate of the number of votes given at that polling place for each candidate, and of the number of rejected ballot papers. (Sec. 135, Municipal Act.) Duties of 136. Every deputy returning officer shall, at the close of §..." the poll, certify under his signature on the poll book in full *...* words the total number of persons who have voted at the poll- ing place at which he has been appointed to preside; and at the completion of the counting of votes after the close of the poll shall, in the presence of the agents of the candidates, make up into separate packets, sealed with his own Seal, and the seals of such agents of the candidates as desire to affix their seals, and marked upon the outside with a short state- ment of the contents of such packet, the date of the day of the election, the name of the deputy returning officer and of the polling subdivision and municipality:— (a) The statement of votes given for each candidate and of the rejected ballot papers; (b) The used ballot papers which have not been objected to and have been counted; (c) The ballot papers which have been objected to, but which have been counted by the deputy returning officer; (d) The rejected ballot papers; (e) The spoiled ballot papers; (f) The unused ballot papers; (g) A statement of the number of voters, whose votes are marked by the deputy returning officer under the heads “ physical incapacity’ and “unable to read,” with the de- 1902. WINNIPEG CHARTER. CAP. 77. 45 clarations of inability and the notes taken of objections made to ballot papers found in the ballot box. (Sec. 136, Munici- pal Act.) 137. Before returning the said poll book to the returning Declaration as officer, the deputy returning officer shall make and subscribeºists to before such returning officer, or a justice of the peace or thé " ". poll clerk, his declaration under oath that the poll book was used in the manner prescribed by law, and that the entries required by law to be made therein were correctly made; which declaration shall thereafter be annexed to the poll book, and such poll book and declaration may be inspected at any time in the presence of the returning officer by any elec- tor of the City. (Sec. 137, Municipal Act.) 138. The declaration mentioned in the preceding section Form of º º - * declaration. shall be in the form following:— I, C. D., the undersigned deputy returning officer for poll- ing subdivision No. , of the City of Winnipeg, do solemnly swear (or, if he is a person permitted by law to affirm, do solemnly affirm) that to the best of my knowledge the poll book used in and for the polling subdivision No. , of the said City of Winnipeg, was used in the manner prescribed by law, and that the entries required by law to be made therein were correctly made. (Signed) C. D., Deputy Returning Officer. Sworn (or affirmed) before me, at the City of Winnipeg, this day of , A. D. 19 (Signed) . X. Y., Justice of the Peace, or A. B., Returning Officer. (Sec. 138, Municipal Act.) 139. If the returning officer is not himself performing the Ballots to be duties of deputy returning officer, the deputy returningº, officer shall forthwith place such packets in the ballot box officer. and personally deliver the same to the returning officer; and if he is unable to do so, owing to illness or other cause, he shall deliver such ballot box containing such packets to a person chosen by him for the purpose of delivering the same to the returning officer; and shall mention on the outside of the cover of each of the packets the name of the person to whom the same had been so delivered, and shall take a pro- per receipt therefor; such ballot box shall be locked and seal- ed. (Sec. 139, Municipal Act.) 46 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII statement tº 140. The packets shall be accompanied by a statement be made to the e e returning " made by the deputy returning officer, showing the number of Officer with º ~ . bits... ballot papers entrusted to him, and accounting for them under the heads of (1) counted; (2) rejected; (3) unused; (4) spoiled; (5) ballot papers given to voters who after- wards returned the same declining to vote, and (6) ballot papers taken from the polling place; which statement shall give the number of papers under each head, and is in this Act referred to as the “Ballot paper account.” (Sec. 140, Municipal Act.) Disputes as to 141. If the deputy returning officer and one or more of ... the agents of the candidates present at the examination and counting of the ballot papers are unable to agree as to the written statement to be made by the deputy returning officer, the packets of ballot papers shall be broken open by the re- turning officer, in the presence of the deputy returning offi- cer and such of the candidates or of their agents as may be present on the day succeeding the polling day, at an hour and place to be appointed and of which they have been noti- fied by the deputy returning officer; and the returning offi- cer, after examining the ballot papers, shall finally deter- mine the matter in dispute, and sign the written statement hereinbefore mentioned; and the returning officer shall forth- with, in the presence of the deputy returning officer and such of the candidates or of their agents as may then be present, securely seal up the ballot papers which have been examined by him into their several packets as before. (Sec. 141, Municipal Act.) Returning 142. The returning officer, after he has received the ballot º papers and statements before mentioned of the number of ...?" votes given at each polling place, shall, without opening of the sealed packets of ballot papers, cast up the number of votes for each candidate from such statements; and shall at the Civic Offices, or some other public place, at noon of the day following the return of such ballot papers and statements, publicly declare to be elected the candidate or candidates having the highest number of votes, and shall also put up in some conspicuous place a statement under his hand show- ing the number of votes for each candidate; and after mak- Ballot boxes to ing such declaration the ballot boxes shall be returned with Fºº the contents and other documents to the office of the City office. Clerk. (Sec. 142, Municipal Act.) In case of tie, 143. In case it appears upon the casting up of the votes §vote, as aforesaid that two or more candidates have an equal num- ber of votes, the returnino officer, and whether otherwise qualified or not, shall at the time he declares the result of 1902 - WINNIPEG CHARTER. CAP. 77. 47 the poll, give a vote for one or more of such candidates so as to decide the election. (Sec. 143, Municipal Act.) 144. In case, by reason of riot or other emergency, an Proceedings election is not commenced on the proper day, or is inter-lº" rupted after being commenced and before the lawful closingº." thereof, the returning officer or deputy returning officer (as the case may be) shall hold or resume the election on the following day, at the hour of ten o’clock in the forenoon, and continue the same from day to day, if necessary, for four days, until the poll has been opened without interrup- tion and with free access to the voters for eleven hours in all, in order that all the electors so intending may have a fair opportunity to vote. (Sec. 144, Municipal Act.) 145. But in case the election has not, by the end of the Return where fourth day from the day the same commenced, or should hºlection have commenced, been kept open for the said eleven hours, the returning officer or deputy returning officer (as the case may be) shall not return any person as elected, but shall re- furn his poll book and list of electors, and the ballot papers, if any, on the following day, to the Mayor, certifying the Cause of there not being an election ; and a new election shall take place and the Mayor shall forthwith issue his war- rant therefor. (Sec. 145, Municipal Act.) 146. When a poll has been duly held in each of such poll-Casting up e $ tº e g e VOtes. ing subdivisions, and the statements hereby directed to be returned to the returning officer have been so returned to him, he shall cast up from the said statements, the number of votes given for each candidate for any office in respect whereof the election has not been previously declared, to- gether with the votes appearing by the statements previously returned for other wards to be given to the candidate, and shall, at noon on the next day, at the Civic Offices or some Declaration of tº © ... election to be other public place, publicly declare to be elected the candi- mºde. date or candidates having the largest number of votes, which declaration shall be final, subject to any proceedings by way of recount, contestation or otherwise, as herein provided. (Sec. 146, Municipal Act.) SECRECY OF WOTING. 147. Every officer, clerk and agent in attendance at a poll- Mºjº, e tº A © e © “. e te o SCCI” y 1) ing place shall maintain and aid in maintaining the Secrecy proceedings at of the voting at the polling place. (Sec. 147, Municipal” ” Act.) 148. No officer, clerk or agent and no person whomsoever tº © e - tº -- e W1UD V OUGI’S shall interfere with, or attempt to interfere with, a voter prohibited. 48 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII when marking his vote, or otherwise attempt to obtain at the polling place information as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted. (Sec. 148, Municipal Act.) Information as 149. No officer, clerk, agent or other person shall com- to candidate. * tº • * ſº municate at any time to any person any information obtained at a polling place as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted. (Sec. 149, Municipal Act.) officers, et al. 150. Every officer, clerk and agent in attendance at the at Counting of º & & e e ºf e g e G votes to main counting of the votes shall maintain and aid in maintaining tain Secrecy. b. e º the Secrecy of the voting, and shall not communicate or at- tempt to communicate any information obtained at such counting as to the candidate or candidates for whom any vote is given in any particular ballot paper. (Sec. 150, Muni- cipal Act.) Nº. 151. No person shall, directly or indirectly, induce a voter UlC62 VOU6].' gº tº tººk to display his ballot after he has marked the same, so as to ** make known to any person the name of any candidate or candidates for or against whom he has marked his vote. (Sec. 151, Municipal Act.) Penalty for 152. Every person who acts in contravention of any of the §.” five next preceding sections shall be liable, on summary con- jº viction before a Police Magistrate or two Justices of the I’eace, to imprisonment for any term not exceeding six months, with or without hard labor. (Sec. 152, Municipal Act.) Statutory 153. The returning officer and every officer, clerk or declaration §..." agent authorized to attend a polling place or at the count- ing of the votes shall, before the opening of the poll, make a declaration of secrecy in the presence, if he be the returning officer, of a Justice of the Peace, and, if he be any other offi- cer or clerk, in the presence of a Justice of the Peace or of the returning officer, and, if he be an agent of a candidate, in the presence of a Justice of the Peace or of the returning officer or of the deputy returning officer at whose polling place he is appointed agent, and such declaration of Secrecy shall be in the form following, that is to say:— DECLARATION OF SECRECY. Form. I, A. B., solemnly promise and declare that I will not at this election of members of the Municipal Council of the City of Winnipeg, in any way whatsoever, unlawfully attempt to ascertain the candidate or candidates for 1902 WINNIPEG CHARTER. CAP. 77. - 49 whom any elector shall vote or has voted, and will not in any way whatsoever, aid in the unlawful discovery of the same; and I will keep secret all knowledge which ...ºne to me of the person for whom any elector has VOted. - Made and declared before me at the City of Winnipeg this day of - , A.D. 19 C. D., Justice of the Peace (or Returning Officer.) (Sec. 153, Municipal Act.) 154. No person who has voted at an election shall, in any No § legal proceeding to question the election or return, be re-jºº" quired to state for whom he has voted. (Sec. 154, Muni-" cipal Act.) DISPOSITION OF BALLOTs. 155. The Clerk shall retain för one month all ballot pa-Ballot papers, pers received by him or forwarded to him in pursuance of £"* this Act, and then, unless otherwise directed by an order of a Court or Judge of competent jurisdiction, shall cause them to be destroyed in the presence of two witnesses, whose declaration that they have witnessed the destruction of such papers shall be made and filed amongst the records of the City by the Clerk. (Sec. 155, Municipal Act.) 156. No person shall be allowed to inspect any ballot Ballot papers papers in the custody of the Clerk except under the order of º lººd a Court or Judge of competent jurisdiction, to be granted by }...” the 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 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 ballot papers shall be obeyed by the Clerk. (Sec. 156, Municipal Act.) 157. The order may be made subject to such conditions º be º º e e ject t as to persons, time, place and mode of opening or inspection º as the Court or Judge making the order thinks expedient. (Sec. 157, Municipal Act.) 158. Where a rule or order is made for the production by Production of the Clerk of any document in his possession relating to ağı".e. -> e * - mentS On specified election, the production of the document by the ºers Clerk in such manner as may be directed by the rule or order ºetor shall be conclusive evidence that the document relates to the purposes. | CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Recount of votes by County Judge. Deposit by applicants. Who may be present at recount. Opening of packcts. specified election; and any endorsement appearing on any packet of ballot papers produced by the Clerk shall be evi- dence of such papers being what they are stated by the en- dorsement to be. (Sec. 158, Municipal Act.) RECOUNT OF WOTEs. 159. In case it be made to appear, on the affidavit of a credible person, to a Judge of the County Court of Winni- peg at any time within fourteen days from the time the ballot papers are received by the Clerk that he believes a deputy returning officer at any election in such City for Mayor, Alderman, or School Trustee, in counting the votes, has improperly counted or rejected any ballot paper at Such election, the said Judge of the County Court may appoint a time to recount the votes, and shall give notice in writing to the candidates of the time and place at which he will pro- ceed to recount the same. (Sec. 159, Municipal Act.) 160. At the time of the application for a recount, the ap- plicant shall deposit with the Clerk of the County Court of Winnipeg the sum of twenty-five dollars as security for the payment of costs, charges and expenses that may become payable by the applicant, and the receipt of the Clerk of the County Court for such payment shall be conclusive evidence thereof, and the said sum shall not be paid out by the said Clerk without an order of a Judge of the Court. (Sec. 160, Municipal Act.) 161. The Judge, the returning officer or Clerk with the ballot boxes, and each candidate and his agent appointed to attend the recount of votes, and no other person except with the sanction of the Judge, shall be present at the recount of the votes. (Sec. 161, Municipal Act.) 162. At the time and place appointed, the Judge of said County Court shall proceed to recount all the votes or ballot papers received by the returning officer, and shall, in the presence of the parties aforesaid, if they attend, or in the presence of such of them as do attend, open the sealed packets containing (a) the used ballot papers which have not been objected to and have been counted; (b) the ballot papers which have been objected to, but which have been &ounted by the deputy returning officer; (c) the rejected baſlot papers; (d) the spoiled ballot papers; (e) the unused ballot papers; and in recounting the votes care shall be taken that the mode in which any particular voter has voted shall not be discov- ercd. (Sec. 162, Municipal Act.) 1902 - WINNIPEG CHARTER. * CAP. 77. 51 163. The Judge shall, as far as practicable, proceed con-The recount to tinuously with the recount of the votes, allowing only time; tınuous for refreshment, excluding only Sundays, and, on other days, Pº" except so far as he and the parties aforesaid agree, the hours between six o'clock in the evening and nine on the succeed- ing morning. During the excluded time the Judge shall place the ballot papers and other documents, relating to the election under his own seal, and the seals of such other of the parties as desire to affix their seals, and shall otherwise take precautions for the security of the papers and documents. (Sec. 163, Municipal Act.) 164. The Judge shall proceed to recount the vote as fol-ºre on lows:— gº (a) IIe shall examine the ballot papers. e (b) Any ballot paper on which votes are given to more candidates than are to be elected, or on which anything ex- cept the name or initials of the deputy returning officer on the back is written or marked by which the voter can be iden- tified, shall be void and shall not be counted, but a ballot paper, on which votes are given for a greater number of candidates for any office than the voter is entitled to vote for, shall be void as regards all the candidates for such office, but shall be good as regards the votes for any other offices in respect to which the voter has not voted for more candidates than he is entitled to vote for ; but no word or mark written or made, or omitted to be written or made, by the deputy re- turning officer, on a ballot paper, shall void the same. (c) The Judge shall take a note of any objection made by a candidate or by his agent to any ballot paper found in the ballot box, and shall decide any question arising out of the Cbjection, and the decision of the Judge shall be final. (d) The Judge shall then count up the votes given for each candidate upon the ballot papers not rejected by him, and make up a written statement, in words as well as in fig- ures, of the number of votes given for each candidate, and of the number of ballot papers rejected and not counted by him, which statement shall be made under the several heads fol- lowing: . (1) Names of candidates; (2) Number of votes for each candidate; (3) Papers wanting signature or initials of deputy re- turning officer; (4) Papers rejected as voting for more candidates than cntitled to ; 52 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Costs of application. Taxation of COSt.S. Recovery of COSt.S. Judge's fees. (5) Papers rejected as having a writing or mark by which voters could be identified; - (6) Papers rejected as unmarked or void for uncer- tainty. (e) Upon the completion of the recount, or as soon as he has thus ascertained the result of the poll, the Judge shall Seal up all the ballot papers in Separate packets, and shall forthwith certify the result to the returning officer, who shall then declare to be elected the candidate having the highest number of votes; and in case of an equality of votes, the re- turning officer shall have the casting vote, as provided in Section 143 of this Act. (Sec. 164, Municipal Act). 165. All costs, charges and expenses of, and incidental to, an application for a recount and to the proceedings con- Sequent thereon shall be defrayed by the parties to the ap- plication in such manner and in such proportion as the Judge may determine, regard being had to the disallowance Gf any costs, charges or expenses which may in the opinion Of the Judge have been caused by vexatious conduct, un- founded allegations, or unfounded objections, on the part either of the applicant or the respondent, and regard being had to the discouragement of any needless expense by throw- ing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or are not on the whole successful. (Sec. 165, Municipal Act.) 166. The costs may be taxed by the Judge in the same manner, and according to the same principles as costs are taxed between solicitor and client in the County Court. (Sec. 166, Municipal Act.) 167. The payment of any costs ordered by the Judge to be paid may be enforced by an execution against goods and chattels, to be issued from any County Court, upon filing therein the order of the Judge and a certificate showing ...he amount at which the costs were taxed and an affidavit of the non-payment thereof. (Sec. 167, Municipal Act.) 168. The Judge shall be paid at the rate of five dollars per day; such payment shall be made by the successful party, and shall become part of the costs taxable against the un- successful party. The Judge shall be entitled to withhold his order until his fees are paid. (Sec. 168, Municipal Act.) 1902 WINNIPEG CHARTER. CAP. 77. 53 MISCELLANEOUS PROVISIONS. 169. No person shall,— Offences. (a) Without due authority supply any ballot paper to any person; or— (b) Fraudulently put into any ballot box any paper other than the ballot paper which he is authorized by law to put In ; or— (c) Fraudulently take out of the polling place any ballot paper; or— (d) Without due authority, destroy, take, open or other- wise interfere with any ballot box or packet of ballot papers then in use for the purposes of the election; or — (e) Apply for a ballot paper in the name of some other person, whether that name be of a person living or dead or of a fictitious person, or, having voted once and not being en- titled to vote again at an election, shall apply at the same election for a ballot paper in his own name. This provision is not to be construed as including a person who applies for such ballot paper believing that he is the person intended by the name entered on the list of electors in respect of which he so applies for a ballot paper. (Sec. 169, Municipal Act.) 170. No person shall attempt to commit any offence speci- fied in the last preceding section. (Sec. 170, Municipal Act.) 171. A person guilty of any violation of one of the two last preceding sections shall be liable, if he be the Clerk or returning officer, to imprisonment for any term not exceed- ing two years, with or without hard labor, and, if he be any other person, to imprisonment for a term not exceeding six months, with or without hard labor. (Sec. 171, Municipal Act.) 172. Every officer and clerk who is guilty of any wilful misfeasance, or any wilful act or omission in contravention of any of the sections of this Act numbered from 34 to 171, inclusive, shall, in addition to any other penalty or liability to which he may be subject, forfeit to any person aggrieved by such misfeasance, act or omission the penal sum of four hun- dred dollars. (Sec. 172, Municipal Act.) 173. A candidate may himself undertake the duties which any agent of his, if appointed, might have undertaken, or may assist his agent in the performance of such duties, and may be present at any place at which his agent may in pur- 54 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Suance of this Act be authorized to attend; but no candidate shall be present at the marking of a ballot by an incapaci- tated voter or a voter unable to read, under section 131 of this Act. (Sec. 173, Municipal Act.) Expressions in 174. When in the sections of this Act numbered from iº" 34 to 173, inclusive, expressions are used requiring or au- .*.* thorizing any act or thing to be done, or inferring that any act or thing is to be done, in the presence of the agents of the candidate, such expressions shall be deemed to refer to the presence of such agents of the candidates as are author- ized to attend, and as have in fact attended, at the time and place where such act or thing is being done; and the non- attendance of any agent at such time and place shall not, if the act or thing is otherwise duly done, invalidate in any- wise the act or thing done. (Sec. 174, Municipal Act.) Non-attend- 175. No election shall be declared invalid by reason of a §"; non-compliance with the rules contained in this Act as to the '...}... taking of the poll or the counting of the votes, or by reason tº of any mistake in the use of the forms provided for by this * Act, or by reason of any irregularity, if it appears to the aïfected. tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in this Act, and that such non-compliance or mistake or ir- regularity did not affect the result of the election. (Sec. 175, Municipal Act.) Expenses 176. The reasonable expenses incurred by the returning incurred by “e e e officers to be officer and by the other officers and clerks for printing, pro- “"“ viding ballot boxes, ballot papers, poll books, materials for marking ballot papers, polling compartments, transmission of the packets required to be transmitted by this Act, and Fºlº reasonable fees, and allowances for services rendered under returning” this Act, shall be paid to the returning officer by the Treas- Officers. urer of the City, and shall be distributed by the returning officer to the several persons entitled thereto. Provided that the Clerk shall not be entitled to any fee for services as returning officer. (Sec. 176, Municipal Act.) VACANCIES IN COUNCIL. Seats to . 177. If after the election of a person as member of the §." Council he be convicted of any indictable offence, upon con- ...to viction for which a person is liable to imprisonment for five years, or makes an assignment under “The Assignment Act” or under any Act of the Parliament of Canada respecting bankruptcy or insolvency, or absents himself from the meet- ings of the Council for six weeks without being authorized so to do by a resolution of the Council entered in its minutes, 1902 • WINNIPEG CHARTER. CAP. 77. 5 5 his seat in the Council shall thereby become vacant. Pro- vided, however, that the Mayor or any Alderman, who may Proviso as to be called into active service by reason of his being a member ºice, of a militia corps, or who shall go on active military or naval i.e. service, shall not by performing or going upon such active ser- vice forfeit his seat of office. (Sec. 177, Municipal Act.) 178. In the event of a member of the Council forfeiting seats to be his seat at the Council or his right thereto, or of his becom-º... ." ing disqualified to hold his seat, or of his seat becoming jºined. vacant by disqualification or otherwise, he shall forthwith * vacate his seat, and, in the event of his omitting to do so at any time after his election, proceedings to unseat such member may be had and taken, as provided by this Act; and such provisions shall, for the purposes of such proceed- ings, apply to any such forfeiture, disqualification or va- eancy. (Sec. 178, Municipal Act.) - 179. The Mayor or other member of the Council may in Any member writing resign his seat in the Council. (Sec. 179, Muni-" “” cipal Act.) 180. In case no return be made for one or more polling New election subdivisions, in consequence of non-election owing to inter-k.º.º.; ruption by riot or other cause, or in case a person elected toº.”é a council neglects or refuses to accept office or to make the necessary declarations of office within the time required, or in case a vacancy occur in the Council caused by resignation, death, judicial decision or otherwise, the Mayor for the time being, or, in case of his absence or of his office being vacant, the Clerk, or, in case of the like absenge or vacancy in the office of the Clerk, one of the members of the Council, shall forthwith, by warrant, under the signature of such Mayor, Clerk or member, if procurable, require the returning officer and deputy returning officers appointed to hold the last elec- tion for the City and polling subdivisions respectively, or any other persons duly appointed to those offices, to hold a new elegtion to fill the place of the person neglecting or refusing as aforesaid, or to fill the vacancy. (Sec. 180, Municipal Act.) 181. In case the office. of Mayor becomes vacant after the Election of first day of December in any year, and an election to fill the ...ºtter vacancy has not been ordered by a Court or a Judge, the 1st P* Council may either direct that an election be held to fill the vacancy or may elect one of their number to fill the office during the residue of the term. (Sec. 181, Municipal Act.) 182. The person thereupon elected shall hold his seat for seats to be the residue of the term for which his predecessor was elected º Of term. 56 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII or for which the office is to be filled. (Sec. 182, Municipal Act.) º Yºº 183. In case such non-election, neglect or refusal as afore- said occurs previous to the organization of the Council for the year, the warrant for the new election shall be issued by the Mayor or a member of the Council for the previous year, or by the Clerk, in like manner, as provided by section 180, But neglect but such neglect or refusal shall not interfere with the im- ºnediate organization of the new Council, provided a major- of Council, ity of the full number of the Council be present. (Sec. 183, Municipal Act). .#. 184. The returning officer and deputy returning officers §.” shall hold the new election at furthest within twenty-five days after receiving the warrant, and the Clerk shall appoint a day and place for the nomination of candidates, and the elec- tion shall, in respect to notices and other matters, be con- ducted in the same manner as the annual elections. (Sec. 184, Municipal Act.) Mode of 185. In case, at an annual or other election, the electors, & & ti tº * > A. A * º” from any cause not provided for by sections 144 or 145, ...ºf neglect or decline to elect the members of the Council on the 3. * day appointed, or to elect the requisite number of members, neglected, etc. the new members of the Council, if they equal or exceed the half of the Council when complete, or a majority of such new members, or if a half of such members are not elected, then the members for the preceding year, or a majority of them, shall appoint as many qualified persons as will consti- tute or complete the number of members requisite; and the persons so appointed shall accept office, and make the neces- sary declarations, under the same penalty, in case of refusal or neglect, as if elected. (Sec. 185, Municipal Act.) CoNTROVERTED ELECTIONs. 186. An election held under the provisions of this Act Power to e & * - tº º, may be questioned by an election petition on the grounds fol- electlon by v. e & g petition. lowing or any or either of them, that is to say:— . (a) That the election was wholly avoided by corrupt prac- tices or offences against section 229 or 230 of this Act, com- mitted at the election; or— (b) That the person whose election is questioned was at the time of the election disqualified; or— (c) That he was not duly elected by a majority of law- ful votes. sº 1902 WINNIPEG CHARTER. CAP. 77. 57 (d) And such election shall not be questioned on any of By way of the above grounds, 'except by an election petition. petition only. (e) Such election petition shall be presented either by four Presentation or more persons who voted or had a right to vote at the elec-** tion or by a person alleging himself to have been a candidate at the election. (f) Any person whose election is questioned by the pe- who may be tition and any returning officer of whose conduct a petition ** complains may be made a respondent to the petition. (g) Such petition shall be presented to a Judge of the To be County Court of Winnipeg, and shall be presented within i. twenty-one days after the day on which the election was held, º' except that if it complains of the election on the ground of election. corrupt practices and specifically alleges that a payment of Exception. money or other reward has been made or promised since the election, by a person elected at the election, or on his account or with his privity, in pursuance or furtherance of such cor- rupt practices, it may be presented at any time within twen- ty-one days after the date of the alleged payment or promise, whether or not any other petition against that person has been previously presented or tried. (Secs. 192 to 197, Municipal Act). 187. At the time of the presentation of the petition the security for petitioner shall deposit with the Clerk of the County Court” of Winnipeg or his deputy or with the Judge the sum of one hundred dollars, as security for all costs, charges and ex- penses which may become payable by him to any witness summoned on his behalf or to any respondent. And the re- ceipt by such Clerk or his deputy or by the said Judge for the said deposit of one hundred dollars shall be conclusive evidence of such payment and that the provisions of this section have been complied with. (Secs. 198 and 199, Municipal Act.) - 188. Within ten days after the presentation of the peti-serving tion, the petitioner shall serve on the respondent a notice of Wiśa of the presentation of the petition and of the nature of the se-º.º. curity, and a conv of the petition; such notice and copy shall be served personally, unless the Judge, on lapplication, make an order for substituted service, which he may do on grounds which seem to him reasonable. (Sec. 200, Municipal Act.) 189. Within five days after service of the notice, the re- º spondent may object, in writing, to the petition on the ground º. that no security has been given as required by this Act. ** (Sec. 201, Municipal Act.) 58 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII º 190. An objection to the security shall be decided prelim- ” inarily by the said Judge. (Sec. 202, Municipal Act.) When no 191. If no security is given as herein prescribed, no fur- security given ..]” ſº ls -- ~~ * • fifin proceedings ther proceedings shall be had on the petition. (Sec. 204, stayed. Municipal Act.) Petition at 192. On the expiration of the time limited for making 1SSll C. e & t * G gº e te objections, or, after objection made, on the objection being disallowed, which ever last happens, the petition shall be at issue. (Sec. 205, Municipal Act.) ...” 193. Two or more candidates may be made respondents Ca,I\Cll Clà,00S tº . e. # * > jºde to the same petition, and their cases may be tried at the same i.” time, but for the purposes of this contestation the petition petition. shall be deemed to be a separate petition against each re- Trial of spondent. The petition shall be tried in open Court, and petition. the Judge shall, for the purposes of the trial, have the same ºrs of powers and privileges as in the trial of an ordinary case in 3-2 the County Court. (Secs. 206 to 208, Municipal Act.) Place of trial 194. The place of trial shall be in the City. The Judge †nment may in his discretion adjourn the trial from time to time, and from any one place to another place within the City. what Judge And at the conclusion of the trial the Judge shall deter- *** mine whether the person whose election is complained of, or any and what other person, was duly elected, or whether the certificate of election was void, and shall forthwith certify in writing the decision. determination to the Clerk of the City, and the determina- tion so certified shall be final to all intents as to the matters at issue on the petition. (Secs. 209 to 211, Municipal Act.) Further 195. Where a charge is made in a petition of any corrupt report. practices or any offence against any provision of this Act, committed at the election, the Judge shall, in addition to the certificate, and at the same time, report in writing to the said Clerk, as follows:— (a) Whether any such corrupt practice or offence has or has not been proved to have been committed by, or with the knowledge and consent of, any candidate at the election, and the nature of the corrupt practice or offence; (b) The names of all persons (if any) proved at the trial to have been guilty of any such corrupt practice or offence; (c) Whether any corrupt practices have, or whether there is reason to believe that any corrupt practices have, exten- sively prevailed at the election. (Sec. 212, Municipal Act.) Evidence Of 196. On the trial of any such petition, unless the Judge corrupt otherwise directs, any charge of any such corrupt practice or 1902 - WINNIPEG CHARTER. CAP. 77. 59 ; offence may be gone into, and evidence in relation thereto re- º: ceived, before any proof has been given of agency on behalf º of any candidate in respect of the corrupt practice or offence. (Sec. 213, Municipal Act.) 197. On the trial of a petition, complaining of an undue where office e * > * :lai d for election and claiming the office for some person, the respond-ºšiliš' ent may give evidence to prove that that person was not duly ...i.a. elected, in the same manner as if he had presented a petition against the election of that person. (Sec. 214, Municipal Act.) - i 198. The trial of a petition shall be proceeded with, not-Trial where withstanding that the respondent has ceased to hold the ..ºft. office his election to which is questioned by the petition. Witnesses at the trial of an election petition shall be sum-witnesses. moned and sworn in the same manner, as nearly as circum- stances admit, as witnesses at a trial in the County Court. And witnesses shall be bound to attend before the Judge of Attendance of the County Court in any proceeding arising under any such WitncSSes. election petition or application to quash a by-law upon being served with the order of such County Court Judge or a subpoena issued by the Clerk of the County Court, directing his or her attendance, upon payment of the necessary fees for such attendance, in the same manner as if he had been direct- ed by a writ of subpoena in an ordinary cause in a County Court so to attend; and he or she may be punished for con- tempt and shall be liable to all the penalties for such non- attendance in the same manner as if he or she had been served with such subpoena. On the trial, the Judge may, by Order Order for º © e † e attendance of in writing, require any person who appears to the Court to j have been concerned in the election to attend as a witness, and any person refusing to obey the order shall be guilty of contempt of Court. (Secs. 215 to 218, Municipal Act.) 199. A witness may, after his examination by the Court, ºn be cross-examined by or on behalf of the petitioner and re- e spondent or either of them, and the Court may examine any Court may person so required to attend or being in Court, although he’” is not called and examined by any party to the petition. (Secs. 219 and 220, Municipal Act.) 200. A witness on an election petition shall not be ex-witness to cused from answering any question relating to a corruptºº." practice or offence committed at or connected with the elec- tion on the ground that the answer thereto may criminate or tend to criminate him under this Act; but if he answers it Certificate he shall be entitled to receive from the Judge a certificate".” stating that he was on his examination required by the Judge to answer questions, the answers whereto criminated or tend- 60 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Effect, Of Certificate. Judge's decision as to giving of certificate final. Witness fees Withdrawal of petition. Notice Of application. Substituting petitioner. Power to direct old security to stand. New security. ed to criminate him, and that he answered all such questions, and such questions and answers shall not be admissible in evidence in any other proceeding except a proceeding against such person for perjury if such answers be untrue. (Sec. 221, Municipal Act.) 201. If any proceeding or action is at any time thereafter pending against the witness in any Court for any such cor- rupt practice or offence committed at or in relation to the election before the time of his giving his evidence, that Court shall, on production and proof of the certificate, stay the pro- ceedings, and may in its discretion award to him such costs as he has been put to therein. (Sec. 222, Municipal Act.) 202. The giving of or refusal to give any such certificate by the Judge shall be final and conclusive. (Sec. 223, Muni- cipal Act.) 203. The reasonable expenses incurred by and the fees of any person in appearing to give evidence at the trial of an election petition, according to the scale allowed to witnesses on the trial of civil actions in the County Courts, may be allowed to him, and shall be deemed costs of the petition. (Sec. 225, Municipal Act.) 204. A petitioner shall not withdraw an election petition without the leave of the Judge on special application. (Sec. 226, Municipal Act.) - 205. The application shall not be made until public notice of the intention to make it has been given in a manner or- dered by the Judge. (Sec. 227, Municipal Act.) 206. On the hearing of the application, any person who might have been a petitioner, in respect of the election, may apply to the Judge to be substituted as a petitioner, and the Judge may, if he think fit, substitute him accordingly. (Sec. 228, Municipal Act.) 207. If the proposed withdrawal be, in the opinion of the Judge, induced by any corrupt bargain or consideration, the Judge may, by order, direct that the security given on behalf of the original petitioner shall remain as security for any costs that may be incurred by the substituted petitioner, and that, to the extent of the same, the original petitioner shall be liable to pay the costs of the substituted petitioner. (Sec. 229, Municipal Act.) 208. If the Judge do not so direct, then security to the same amount as would be required in the case of a new peti- tion, and subject to the like conditions, shall be given on be- 1902 WINNIPEG Charter. CAP. 77. 61 half of the substituted petitioner before he proceeds with his petition, and within a time, after the order of substitution, to be fixed in such order or otherwise. (Sec. 230, Municipal Act.) º 209. Subject as aforesaid, a substituted petitioner shall, Position of as nearly as may be, stand in the same position and be sub-” ject to the same liabilities as the original petitioner. (Sec. 231, Municipal Act.) e 210. If a petition be withdrawn, the petitioner shall be costs on liable to pay the costs of the respondent. (Sec. 232, Muni-" cipal Act.) * 211. Where there are more petitioners than one, an appli-consenteran cation to withdraw a petition shall not be made except with petitioners © e gº tº necessary. the consent of all the petitioners. (Sec. 233, Municipal Act.) 212. An election petition under this Act shall be abated Abatement of by the death of a sole petitioner, or of the survivor of several petition. petitioners. (Sec. 234, Municipal Act.) 213. The abatement of a petition shall not affect the li-Not to affect ability of the petitioner or of any other person to the pay-ºility for e * & © COSt.S. ment of costs previously incurred. (Sec. 235, Municipal Act.) 214. On the abatement of a petition public notice thereof Notice of shall on the order of the Judge be given by the Clerk of the *ment. City at the expense of the City, and, within the time pre- scribed by the Judge after the notice is given; any person substitution who might have been a petitioner in respect of the election of nº. may apply to the Judge to be substituted as a petitioner;” and the Judge may, if he thinks fit, substitute him accord- ingly; and security shall be given on behalf of a petitioner security. so substituted, as in the case of a new petition. (Secs. 236 and 237, Municipal Act.) 215. All costs, charges and expenses of and incidental to costs of the presentation of an election petition, and the proceedings; consequent thereon, except such as are by this Act otherwise provided for, shall be defrayed by the parties to the petition in such manner and proportion as the Judge determines; and in particular any costs, charges or expenses which in the opinion of the Judge have been caused by vexatious conduct, unfounded allegations, or unfounded objections on the part either of the petitioner or of the respondent, and any needless expense incurred or caused on the part of the petitioner or respondent may be ordered to be defrayed by 62 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Scale of costs. the parties by whom it has been incurred or caused, wheth- er they are or not on the whole successful; and costs shall be taxed on the scale of costs in the County Court. (Secs. 238 and 239, Municipal Act.) Reception and 216. If the County Court Judge shall direct the Court to attendance on Election Court. Assistanee of constables, Ctc. Procedure. Powers of Judge. be held in some other place than the Court House, the Clerk shall provide proper accommodation for holding the election court; and any expenses incurred by him for the purposes of this section shall be paid by the City; and all constables, gaolers and bailiffs shall give their assistance to the Court in the execution of its duties. (Secs. 240 and 241, Municipal Act.) 217. Subject to the provisions of this Act, the principles, practice and rules for the time being observed in the case of Legislative election petitions, and in particular the principles and rules with regard to agency and evidence, and to the declaring any person elected in the room of any other per- son declared to have been not duly elected, shall be observed, as far as may be in the case of an election petition herein provided for. (Sec. 242, Municipal Act.) 218. The Judge shall, subject to this Act, have the same powers, jurisdiction and authority with respect to a munici- pal election petition and the proceedings thereon, as if the petition were an ordinary action within his jurisdiction. (Sec. 243, Municipal Act.) Acts done pending a etition not invalidated. Provision as to elections in the room of persons unseated on petition. Appeals from Judge of County Court. 219. Where a candidate who has been elected to a muni- cipal office is by a decision of the said Judge declared not to have been duly elected, acts done by him in execution of the office, before the time when the certificate or decision is cer- tified to the Clerk, shall not be invalidated by reason of that declaration. (Sec. 244, Municipal Act.) 220. Where on an election petition the election of any person to a municipal office has been declared void, and no other person has been declared elected in his room, a new clection shall be held to supply the vacancy in the same manner as on a casual vacancy; and for the purposes of the election any duties to be performed by a Mayor, Alderman or other officer shall, if he have been declared not elected, be performed by a deputy or other person who might have acted for him if he had been incapacitated by illness. (Sec. 245, Municipal Act.) 221. Any party to a petition or proceeding presented to or before any Judge of a County Court may appeal from any order, decision, ruling or judgment of such Judge in 1902 - WINNIPEG CHARTER. CAP. 77. 63 connection with any such petition or proceeding to the full Court of Ring's Bench. Any such appeal may be taken in the same manner and subject to the same rules of law and procedure as an appeal from any decision or judgment of a County Court Judge under “The County Courts Act” and amendments. - 222. Any person unseated on the ground of want of pro-person, perty qualification shall not be a candidate at the election Wººd for - t e ºn in or property held to fill the vacancy caused thereby. The returning qualification officer shall not receive the name of any such person so un- *ēes to seated as a candidate at such election. (Sec. 246, Muni-hiº. cipal Act.) 223. Any person whose election is complained of may, Disclaimer unless such election be complained of on the ground of cor- *int is rupt practices on the part of such person, within four days tºp after service on him of the petition, transmit postpaid through the post office, directed to the said Judge, or may cause to be delivered to such Judge, a disclaimer signed by him, to the effect following:— I. A. B., upon whom a petition has been served contesting Form of © ‘’ disclaimer. my right to the office of Alderman (or as the case may be), for the City of Winnipeg, do hereby disclaim the said office and all defence of any right I may have to the same. Dated this day of , A.D. 19 (Signed.) - A. B. (Sec. 247, Municipal Act.) 224. Such disclaimer, or the envelope containing the To be same, shall moreover be indorsed on the outside thereof with indorsed. the word “Disclaimer’’ and be registered, if mailed. (Sec. 248, Municipal Act.) º 225. Where there has been a contested election, the per- Pºmer e º ..., before son elected may at any time after the election, and before...int. bis election is complained of, deliver to the returning officer a disclaimer signed by him to the effect following:— I, A. B., do hereby disclaim all right to the office of Al- ãºor derman (or as the case may be) for the City of Winnipeg and “” all defence of any right I may have to the same. - Dated the day of A.D. 19 (Signed.) A. B. (Sec. 249, Municipal Act.) 64 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Duplicate to 226. Every person disclaiming under the last two preced- be delivered . " * * § tº tº te tº ºng sections shall deliver a duplicate of his disclaimer to eturning - Officer. the returning officer or City Clerk. (Sec. 250, Municipal Act.) To be 227. Where a disclaimer has been made in accordance communicated . e tº & jöß" with the preceding sections the returning officer shall forth- º” with communicate the same to the Council, and such dis- * claimer shall operate as a resignation. (Sec. 251, Mumi- cipal Act.) Costs when 228. No costs shall be awarded against any person duly persons * > tº e *- e & g disclaim. disclaiming, unless the Judge is satisfied that such party consented to his nomination as a candidate or accepted the office, in which case the costs shall be in the discretion of the Judge. (Sec. 252, Municipal Act.) Corrupt PRACTICEs. º, 229. The following persons shall be deemed guilty of cor- rupt practices, and shall be punished accordingly:— Giving money (a) Every person who, directly or indirectly, by himself to VOters. or by any other person in his behalf, gives, lends or agrees to give or lend, or offers or promises any money or valuable consideration, or gives or procures, or agrees to give or Procuring procure, or offers or promises, any office, place or employ- Office. ment to or for any voter, or to or for any person on behalf of any voter, or to or for any person in order to induce any voter to vote or refrain from voting at a municipal election or upon any by-law for raising any money or creating any debt upon the City for any purpose whatsoever, or who cor- ruptly does any such 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. Making gifts (b) Every person who, directly or indirectly, by himself Hº" or by any other person in his behalf, makes any gift, loan, * offer, promise or agreement as aforesaid, to or for any per- son, in order to induce such person to procure or endeavor to procure the return of any person to serve in the Council, or to procure the passing or rejection of any such by-law as aforesaid, or the vote of any voter at a municipal election or for or against any such by-law; §pting (c) Every person who, by reason of any such gift, loan, offer, promise, procurement or agreement, procures or en- gages, promises or endeavors to procure, the return of any person in a municipal election, or to procure or prevent the passing of any such by-law as aforesaid, or the vote of 1902 - WINNIPEG CHARTER. CAP. 77. 65 any voter at a municipal election or for or against any such by-law; (d) Every person who advances or pays, or causes to be Advancing paid, any money to or to the use of any other person, with “” the intent that such money, or any part thereof, shall be expended in bribery at a municipal election or at any vot- ing upon a by-law as aforesaid, or who knowingly pays or causes to be paid any money to any person in discharge or re-payment of any money, wholly or in part, expended in bribery at any such election or at the voting upon any such by-law; (e) Every voter who, before or during a municipal Voter. election or the voting on any such by-law, directly or indi-hº rectly, by himself or any other person in his behalf, re-" " ceives, agrees, or contracts for any money, gift, loan, or valu- N able consideration, office, place or employment, for himself or any other person, for voting or agreeing to vote, or re- fraining or agreeing to refrain from voting, at any such elec- tion or upon any such by-law; (f) Every person who, after any such election or the Receiving voting upon any such by-law, directly or indirectly, by him-º" self or any other person in his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting, at any such election or upon any such by-law; (g) Every person who hires any horse, team, carriage, or Hiring teams. other vehicle for the purpose of conveying electors to or from the polls, and every person who knowingly receives pay for the use of any horse, team, carriage, or other vehicle, for the purpose of conveying electors to or from any poll as afore- Said; (h) Fvery person who corruptly by himself or by or with Corruptly any person or by any other ways or means on his behalf, at *śānts anv time, either before or during a municipal election 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 ex- º penses incurred for any meat, drink, refreshment or provis-" ions to or for any person in order to be elected, or for be- ing elected, or procuring the election of any other person, or the passage of any such by-law, or for the purpose of cor- ruptly influencing such person or any other person to give or refrain from giving his vote at such election or upon such by-law; (i) Every person who during the voting at a municipal Personation. election, or upon any by-law, knowingly personates and 66 CAP. 77. WINNIPEG CHARTER. 1-2 Edw. VII Repeating VOte. Aiders and abettorS. Using violence Or intimidation. Lawful expenses of candidate. Evidence to be taken viva, UOCC. Penalty for Corrupt, practices by candidate. falsely assumes to VC te in the name of another person whose name appears on the list of electors, whether such other person be then living or dead, or if the name of such other person be the name of a fictitious person; (i) Pvery person who, having already voted at any such election or upon a by-law, presents himself again to vote at the same election or upon the same by-law; (k) Every person who aids, incites, counsels or facilitates the commission by any person whomsoever of any of the fore- going acts in this section mentioned. (Sec. 253, Municipal Act.) 230. Every person who, directly or indirectly, by himself or by any other person in 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 practices intimidation up- on 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 any election, or who in any 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; and the expression “corrupt prac- tices '' where used in this Act shall be deemed to include such offence of undue influence. (Sec. 254, Municipal Act.) 231. The actual personal expenses of any candidate, his expenses for actual professional services performed and boma fide payments for the fair cost of printing and adver- tising shall be held to be expenses lawfully incurred, and the payment thereof shall not be a contravention of this Act. (Sec. 255, Municipal Act.) 232. Where, upon any petition to set aside a municipal election or any application to quash a by-law, any question is raised as to whether the candidate or any voter has been guilty of any corrupt practices as defined by this Act, affi- davit evidence shall not be used to prove the offence, but viva voce evidence shall be taken before the Judge presiding at the hearing of such petition or application. (Sec. 256, Municipal Act.) 233. Any candidate elected at a municipal election, who is found guilty by the Judge, upon a petition to set aside a municipal election, of any corrupt practice or corrupt prac- tices, as aforesaid, shall forfeit his seat and shall be ineligible as a candidate at anv municipal election for two years there- after. (Sec. 257, Municipal Act.) 1902 - WINNIPEG CHARTER. CAP. 77. 67. 234. Any person who is adjudged guilty of any of the Additional offences within the meaning of sections 329 and 230 of § this Act shall incur a penalty of twenty dollars, and shall be disqualified from voting at any municipal election or upon any by-law for the next succeeding two years. (Sec. 258, Municipal Act.) 235. The penalty imposed by the last preceding section or Recovery of by any other section of this Act, in respect to which no special pºies by provision is otherwise made, shall or may be recovered, with full costs of suit, by any ratepayer of the City who may sue for the same by action of debt in the County Court of Win- nipeg, and any person against whom judgment is rendered Disqualifica- shall be ineligible either as a candidate or voter until the ºut. amount which he has been ordered or adjudged to pay is fully paid and satisfied. (Sec. 259, Municipal Act.) 236. It shall be the duty of the Judge who finds any can-Judge to didate guilty of contravention of sections 229 and 230 of make return. this Act or either of them, or who condemns any person to pay any sum in the County Court for any offence within the meaning of this Act, to report the same forthwith to the City Clerk. (Sec. 260, Municipal Act.) 237. The City Clerk shall duly enter in a book to be kept clerk to keep for the purpose the names of all persons who have been ad-š." judged guilty of any offence within the meaning of sections º' 229 and 230 of this Act, or either of them, and of which he has been notified by the Judge who tried the case. (Sec. 261, Municipal Act.) 238. All proceedings other than a petition to contest an Limitation election against any person for any violation of sections 229 “” and 230 of this Act, or either of them, shall be commenced within four weeks after the municipal election at which the offence is said to have been committed, or within four weeks after the day of voting upon any by-law as aforesaid. (Sec. 262, Municipal Act.) . * 239. No pecuniary penalty or forfeiture imposed by this Nº penalty. Act shall be recoverable for any act of bribery or corrupt º practice at a municipal election, in case it appears that the of accomplice. person charged and another person, or other persons, were together guilty of the act charged either as giver or receiver, or as accomplice or otherwise, and that the person charged has previously boma fide prosecuted such other person or per- sons or any of them for the said act; but this provision shall Proviso. not apply in case the Judge, before whom the person claiming the benefit thereof is charged, certifies that it clearly appears to him that the person so charged took the first step towards 68 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII the commission of the offence charged, and that such person was in fact the principal offender. (Sec. 263, Municipal Act.) §º 240. The returning officer shall, prior to any election or CCI LO & tº § #indeputy voting on any by-law, furnish each deputy returning officer returning e | | e f tº - e d .."ºth with at least two copies of the sections of this Act numbere ºf from 229 to 239, both inclusive, and shall also post a sections. Copy thereof in his office and in each post office in the City. (Sec. 264, Municipal Act.) VOTING BY MACHINE OR MECHANICAL DEVICE. City may 240a. It shall be competent for the City, by by-law, to §º.” adopt in lieu of the ballot a system of voting by means of an łº, invention called “The Macdonald Voting Machine.” In by ballot, such case the provisions of this Act relating to voting by ballot shall not apply and the provisions following or like provisions suitable to altered circumstances shall govern:- Voting (1). Where a poll is required the returning officer shall machines to - *A * jū. procure or cause to be procured, at the expense of the City, as many voting machines as there are polling subdivisions within the City. : How made. (2) The voting machines referred to in the last preceding - paragraph and elsewhere in this Act shall be of the kind known as “The Macdonald Voting Machine,” patented in the Dominion of Canada under No. 57508. Cards bearing (3) Immediately after the posting up of the names ...s for of the candidates under section 33 of this Act the returning fººd. officer shall, at the expense of the City, procure to be print: of boxes. ed for each and every candidate, upon separate cards obtained for the purpose, the surname of each candidate in reason- ably large type, with the name in full, place of residence and occupation of such candidate underneath in smaller type, similar to the method of printing the ballots now in use. The returning officer shall then insert such cards in the tframes provided on the lids of the boxes in such manner that each machine shall show in such frames the names of each and all the candidates at such election, one card in each frame. Testing (4) It shall be the duty of the returning officer to test * or cause to be tested the accuracy of the different machines after which and after having the cards of the candidates in- serted in the frames as provided in the next preceding sec- tion, he shall appoint a time for the candidates to inspect the same and shall give to each and every candidate forty- eight hours' notice thereof, which notice may be in the form in Schedule “HI” to this Act and may be given by posting 1902 . WINNIPEG CHARTER. JAP. 77. 69 up in the Clerk's office, and at the time appointed he shall produce all the machines to be used in such election, and al-Inspection of low each and all the candidates full opportunity to test theº accuracy thereof, and if any inaccuracy or defect exists he shall forthwith remedy the same and shall then in the pre- sence of the candidates lock the boxes and place his seal thereon with the seals of such candidates as may so desire in Such manner that no box can be opened without breaking such seal, and therafter such seal shall not be broken until the deputy returning officer shall break the same, as in this Act subsequently provided. (5) When it becomes necessary to use the voting ma- Delivery of chines for the purposes of an election, it shall be the duty tºº to of the returning officer, two days at least before the polling §ºng day, to deliver one of the voting machines locked and sealed to each deputy returning officer appointed for the purposes of the election, and such seal shall not be broken until im- mediately before the polling. (6) The voting machines, when returned to the Clerk §: after the election, shall be preserved by him for use at elec- lºve for Ul Ull. I’G tions for the City; and it shall be the duty of the Clerk to ºns. have ready at all times as many voting machines as there are polling subdivisions in the City. . (7) If the Clerk fails to furnish voting machines in the flºor manner herein provided, he shall incur a penalty of one i. g e e g II] ºl,CI) 11] G.S. inundred dollars in respect of every voting machine which he has failed to furnish in the manner provided. (8) It shall be the duty of the deputy returning officer, Reputy e g e G tº © & g Returning in every polling subdivision not supplied with a voting ma- Öificers to e e tº e & e ) l’OCll I'C chine, within the time prescribed, forthwith to procure one Hºes to be made; and he may issue his order upon the Treasurer º' of the City for the cost of the voting machine, and the Treasurer shall pay to the deputy returning officer the amount of the order. * : -- ~~ *** * vi m– Compartment (9) Every polling place shall be furnished with a com-º. partment in which voters can cast their votes screened from Yºº Ca,S 1 G1 I’ observation; and it shall be the duty of the returning Officer º. and deputy returning officers, respectively, to see that a proper compartment for that purpose is provided at each polling place. (10) The returning officer shall, before the opening of Biº the poll, deliver or cause to be delivered to every deputy }. returning officer such number of printed directions for thºu, guidance of voters in voting, as he may deem sufficient, and ºr shall so deliver or cause to be delivered at least five copies of *ince such printed directions. Such directions shall be printed in 70 CAP. 77. WINNIPEG CHARTER. 1-2 Eow. VII conspicuous characters, and may be according to the form in Schedule “ I” to this Act. voting to be (11) In case of a poll at an election of persons to serve in tºns * the Council, the votes shall be given by means of “The Mac- machine. donald Voting Machine,” if so provided by a by-law of the Council. Inspection of (12) The deputy returning officer shall, immediately ºt before the commencement of the poll, break the seals, unlock poll. and open the box and allow the representatives of each can- didate to see that the machine is in accurate working order, after which he shall set the dials at zero and show the box to such persons as are present, and he shall then cover the dials, lock the box, and place his seal upon it in such manner as to prevent it being opened without breaking the seal, and raise and lock the stop-bar, and he shall then place the ma- chine in position for the casting of votes. * voting pellets (13) When the proper entries respecting the persons to be handed • - e e §§e.” claiming to vote have been made in the poll book, in the § manner presented, the deputy returnino officer shall hand VOter. to such person as many voting pellets as there are candidates to be returned. • Depositing (14) Upon receiving from the deputy returning officer the *P* voting pellet or pellets the person receiving the same shall proceed into the voting compartment and shall deposit the pellet or pellets in the circular opening in the lid of the box in the section containing the name of the candidate or candidates for whom he wishes to vote. - Deputy (15) Immediately after the voter has deposited his pellet Returning * & ôňiºturn he shall return into the presence of the deputy returning ;: "* officer and such officer shall forthwith turn the shaft or crank *P* holding the voting pellets so that the same may be released and enter the tubes provided, thus causing One vote to be registered for each pellet. - F}xclusion (16) While the voter is in any voting compartment for from voting z & & : tºpºt, the purpose of casting his vote, no other person shall be al- lowed to enter the compartment or to be in any position from which he can observe the mode in which the voter casts his VOte. Proceedings (17) In case of an application by any person claiming hº, is to vote, who is incapacitated by blindness or other physical cast vote cause from casting his vote, or in case of any person claim- ing to be entitled to vote who makes a declaration that he is unable to read, the proceedings shall be as follows, that is to say:— 1902 WINNIPEG CHARTER. --- CAP. 77. 71 (a) The deputy returning officer shall, in the presence of the agents of the candidates, cause the vote of such person to be cast in the manner directed by such person; (b) The deputy returning officer shall state or cause to be stated in the poll book, by an entry opposite the name of such person, that the vote of such person is cast in pursuance of this section, and the reason why it is so cast; (c) The declaration of inability to read or of incapacity to cast a vote shall be made by the person claiming to be en- titled to vote at the time of the polling, before the deputy returning officer, who shall attest the same; and the said declaration shall be given to the deputy returning officer at the time of voting:— (d) The said declaration and attestation shall respective- ly be in and according to the form following:— “I, A. B., of , being numbered on the poll book for Ward No. , Polling Subdivision No. , in the City of Winnipeg, being a duly qualified elector for the said City of Winnipeg, do hereby declare that I am unable to read (or that I am from physical incapacity unable to cast a vote, as the case may be). Dated the day of A.D. 19 his A. B. X mark I, C. D., the undersigned, being the Deputy Returning Officer for Polling Subdivision No. , for the City of Winnipeg, do hereby certify that the above (or as the case may be) declaration, having been first read to the above named A. B., was signed by him in my presence with his mark. Dated the day of A.D. 19 C. D., Deputy Returning Officer for Polling Subdivision, No in the City of Winnipeg. (18) Immediately after the close of the poll in every Opening polling place the deputy returning officer shall, in the pre- sence of such of the candidates or their agents as may then be present, unlock the box, first dropping the stop-bar and locking the same down, he shall then read off and make a statement of the numbers shown on the dials, placing on no- site the name of each candidate the number shown On the dial of the register attached to the tube placed under the close of poll. 72 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII opening in the section containing the name of such candi- date. Such statement shall then be signed by the deputy returning officer, the poll clerk, if any, and such of the can- didates or their agents as may be present, and desire to sign the same, and shall be enclosed in a sealed packet, together with the voters’ list and such other lists and documents as may have been used at such election, marked upon the out- side with the date of the day of election and the name of the deputy returning officer and of the ward and polling sub- division and city. $º (19) Every deputy returning officer, on being request. C ed so to do, shall deliver to the person authorized to attend at his polling place a certificate of the number of votes given at that polling place for each candidate. §. (20) The deputy returning officer shall forthwith place to the . Such packet in the voting machine and personally deliver §."* the same to the returning officer; and if he be unable to do So, owing to illness or other cause, he shall deliver such vot- ing machine, containing such packet, to a person chosen by him for the purpose of delivering the same to the returning officer, and shall mention on the outside of the cover of the packet the name of the person to whom the same is being so delivered, and shall take a proper receipt therefor; and such voting machine shall be locked and sealed. Returning ... (21) The returning officer, after he has received the vot- º' ing machines and statements before mentioned of the num- #..." ber of votes given at each polling place, shall cast up the number of votes for each candidate from such statements; and he shall, at the City Hall, or some other public place, at noon of the day following the return of such voting machines and statements, publicly declare to be clected the candidate or candidates having the highest num- ber of votes, and shall also put up in some conspicuous place a statement, under his hand, showing the number of votes for Machines and Cach candidate; after making such declaration, the voting §§§. machines shall be returned with the contents and other docu- to be delivered 10 e to Clerk. ments to the office of the City Clerk. Casting up (22) When a poll has been held in each of such polling ...” subdivisions, in which no election has been held for the rea- interrupted sons mentioned in sections 144 and 145 of this Act, and the statements hereby directed to be returned to the returning officer have been so returned to him, he shall cast up from the statements the number of votes given for each candidate for any office in respect whereof the election has not been previously declared, together with the votes ap- pearing by the statements previously returned for other poll- Declaration of ing subdivisions to be given for each candidate, and shall at .*** noon on the next day, at the City Hall or some other public 1902 WINNIPEG CHARTER. CAP. 77. 73 place, publicly declare to be elected the candidate or candi- dates having the largest number of votes, which declaration shall be final, subject to any proceedings by way of contesta- tion as provided by this Act. (23) No officer, clerk or agent and no person whomsoever Interference shall interfere with or attempt to interfere with a voter when jº casting his vote, or otherwise attempt to obtain at the poll- ing place information as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted. (24) Every officer, clerk and agent in attendance at the Officers et al counting of the votes shall maintain and aid in maintaining º: the secrecy of the voting, and shall not communicate or at "“” tempt to communicate any information obtained at such counting as to the candidate or candidates for whom any vote is given by any particular voter. (25) Every person who acts in contravention of the two Penalty for preceding sections hereof shall be liable, on summary convic- tºwns tion before a police magistrate or two justices of the peace” having jurisdiction, to imprisonment for any term not ex- ceding six months, with or without hard labor. (26) No person shall :- owner- (a) Fraudulently put into any voting machine any pellet other than the pellet which he is authorized by law to put in; or fraudulently use the pellets with which he is provided to vote for more candidates in any particular contest than can be lawfully elected. (b) Fraudulently take out of the polling place any vot- ing pellet in use at such polling place; or (c) Without due authority destroy, take, open or other- wise injure, obstruct or interfere with any voting machine then in use for the purposes of election; or (d) Apply for a voting pellet in the name of some other person, whether that name be of a person living or dead or of a fictitious person, or, having voted once and not being entitled to vote again at an election, shall apply at the same election for a voting pellet in his own name. This provis- ion is not to be construed as including a person who applies for such voting pellet believing that he is the person intend- ed by the name entered on the list of electors in respect of which he so applies. (27). No person shall attempt to commit any offence speci-Attempts. fied in the next preceding sub-section number 26. (28) A person guilty of any violation of one of the two Imprison. sub-sections 26 and 27 shall be liable, if he be the returning * 74. CAP. 77. WINNIPEG CHARTER, 1-2 EDW. VII Money penalty for Offences. Candidate may under- take duties of an agent. Expressions referring to agents. Non- attendance of agents. officer, to imprisonment for any term not exceeding two years, with or without hard labor, and, if he be any other person, to imprisonment for a term not exceeding six months, with or without hard labor. (29) Every officer and clerk who is guilty of any wilful malfeasance, or any wilful act or omission in contravention of any of the sections of this Act in respect of voting by ma- chine, shall, in addition to any other penalty or liability to which he may be subject, forfeit to any person aggrieved by Such misfeasance, act or Omission the penal sum of four hundred dollars. (30) A candidate may himself undertake the duties which any agent of his, if appointed, might have undertaken, or may assist his agent in the performance of such duties, and may be present at any place at which his agent may in pursuance of this Act be authorized to attend ; but no can- didate shall be present at the casting of a vote by an incapa- cated voter or voter unable to read. (31) When in this section or any of its sub-sections ex- pressions are used requiring or authorizing any act or thing to be done, or inferring that any act or thing is to be done, in the presence of agents of the candidates, such expressions shall be deemed to refer to the presence of such agents of the candidates as are authorized to attend, and as have in effect attended at the time and place where such act or thing is being done; and the non-attendance of any agent at Such time and place shall not, if the act or thing be otherwise duly done, invalidate in anywise the act or thing done. Expenses incurred by Officers to be refunded. Case of machine failing to work. Place of meeting. (32) The reasonable expenses incurred by the clerk, re- turning officer and other officers and clerks for printing, providing voting machines, poll books, polling compartments and transmission of the packets required by this Act to be transmitted, and reasonable fees and allowances for Services rendered under this Act, shall be paid to the returning offi- cer by the Treasurer, and shall be distributed by the return- ing officer to the several persons entitled thereto. The Clerk shall not be entitled to any fee for Services as returning officer. (33) In the event of the machines becoming obstructed from any cause or otherwise failing to work, the deputy returning officer, in the presence of an agent of each candidate, shall break the seal, unlock the box, open same and remove the cause of the obstruction, but he shall not uncover the face of the dials. He shall then relock and reseal the box. MEETINGS OF COUNCIL. 241. The Council shall hold its meetings and transact all the business of the City within the City, unless otherwise 1902 WINNIPEG CHARTER. CAP. 77. 75 provided for by resolution of the Council. (Sec. 265, Muni- cipal Act.) 242. At all meetings a majority of the whole number of Quorum. members required to constitute the Council shall be neces- sary to form a quorum. (Sec. 266, Municipal Act.) 243. The Council shall hold its meetings openly, but open meetings committee meetings may be held with closed doors, and no “” person shall be excluded from any open meeting except for improper conduct, but the Mayor or other chairman of the Council may expel and exclude from any meeting any per- son who has been guilty of improper conduct at such meet- ing. (Sec. 267, Municipal Act.) 244. The members of the Council shall hold their first First meeting. meeting after the yearly elections on the first Tuesday in January in each year at the hour of ten o’clock in the fore- noon, at the Council Chamber in the City Hall, unless the retiring Council shall have appointed by resolution some Gther place for such meeting; and in case there is no quorum at the aforesaid hour, such meeting may take place at any hour thereafter during the same day, as soon as there is a quorum. (Sec. 268, Municipal Act.) 245. No business shall be proceeded with at the first oath to be meeting of any Council until the declarations of office and º: qualification have been administered to all the members who "* present themselves to take the same, nor until there is a quorum. (Sec. 269, Municipal Act.) 246. In addition to the first meeting after the yearly elec- subsequent tions there shall be as many meetings as the Council shall” decide, and also such special meetings of the Council as are called under this Act. (Sec. 270, Municipal Act.) 247. When at any meeting of the Council there is no Adjournment quorum present at the end of half an hour, the Council shall..." stand adjourned, and the Clerk shall enter in the minutes the names of the members present. (Sec. 271, Municipal Act.) 248. The Mayor shall preside at the meetings of the Chairman. Council, or, in his absence, the members present may, fifteen minutes after the hour appointed, appoint a chairman from amongst themselves; and such chairman shall have the same authority and exercise the same functions in presiding at the meeting as the Mayor would have had or could exercise if present. (Sec. 272, Municipal Act.) 76 CAP. 77. . WINNIPEG CHARTER. 1-2 EDW. VII Maintaining Order. Order of business. Majority to decide..., Notice and vote required to reverse decision. Voting obligatory. Casting vote. Voting to be Open. Interested persons ex- cluded from debate. Receiving petitions. 249. At all meetings the Mayor or chairman, as the case may be, shall maintain order and decorum and decide ques- tions of order subject to an appeal to the Council. (Sec. 273, Municipal Act.) 250. As soon as the Mayor or the chairman, as the case may be, has taken the chair, the minutes of the last preced- ing meeting shall be read by the Clerk in order that any mis- take therein may be corrected by the Council, after which reading and correction, if any, the said minutes shall be con- firmed and signed by the Mayor or chairman, as the case may be, and the Clerk; the Council shall then proceed to business in accordance with the by-law regulating the same. (Sec. 274, Municipal Act.) 251. Every disputed question shall be decided by a major- ity of the votes of the Aldermen present, except that in case where, in conformity with the provisions of this Act, another number of votes is required to carry the matter. Provided that no question once decided shall be reversed without no- tice from at least one meeting to another, and without a ma- jority of the whole Council voting in favor of such reversal. (Sec. 275, Municipal Act.) 252. Every member of the Council, except the Mayor or chairman, who shall be present when a question is put shall vote thereon, unless a majority of the Council then present excuse him. (Sec. 276, Municipal Act.) 253. The Mayor or the chairman of any meeting of the Council shall not vote except when there is an equality of votes exclusive of his own vote, in which case he shall have a casting vote. (Sec. 277, Municipal Act.) 254. The votes shall, in all cases, be taken by open voting, and the votes shall be recorded in the minutes of the proceed- ings of the Council if required by any member or by any by- law of the Council. (Sec. 278, Municipal Act.) 255. No member of the Council shall take part in the discussion of any question in which he has a personal and pecuniary interest beyond his interest as an ordinary rate- payer, nor vote on the same; but this section shall not apply to the appointment of the Mayor or to the naming of com- mittees. (Sec. 279, Municipal Act.) 256. The Council shall receive any petition sent to such Council, and have the same read in Council, whether pre- sented by the Clerk or by a member of the Council or any ratepayer of the City. (Sec. 280, Municipal Act.) 1902 WINNIPEG CHARTER. CAP. 77. 77 257. Every one who is entitled to be heard before the Hearing of Council or its committees may be so heard in person or * through any other person acting on his behalf. (Sec. 281, Municipal Act.) 258. The Council may appoint committees composed of Delegation of as many of its members as it shall judge convenient, and ...i.es. may delegate to them its powers respecting the examination of any question, the management of any business or particu- lar kind of business, or for the execution of certain duties, but the committees shall render accounts of their labors and decisions by reports signed by their respective chairmen, or by a majority of the members present who compose said com- mittees, and no report or order whatever of a committee, ex-committee cept such orders as may be authorized by by-law or resolu-jºorce tion, shall have any effect until it has been adopted by the until adopted. Council at a regular or special meeting. (Sec. 282, Muni- cipal Act.) 259. The Council shall not be deemed dissolved by the fact Default in of any session or meeting thereof not having taken place. §§” (Sec. 2S3, Municipal Act.) SPECIAL MEETINGs. 260. Special meetings of the Council may be convened at convening any time by the Mayor or by one-fourth of the members of;" the Council, by giving before the day of meeting a reasonable notice of such meeting to all the members of the Council; said notice shall be verbal or in writing, and, if in writing, mailed to the address of the members of the Council, and shall contain notice of the subjects which are to be taken into consideration. (Sec. 284, Municipal Act.) 261. Special meetings shall be held at the ordinary place place of of meeting of the Council at the hour fixed for ordinary meetings. meetings, unless otherwise determined by the notice of the meeting, by an adjournment or by a by-law of said Council. S5 (Sec. 285, Municipal Act.) 262. The Council, before proceeding to business at such Record in special meeting, must, if such be the fact, set forth and de-" clare in the minutes of that special meeting, that the notice of meeting has been issued in conformity with the require- ments of this Act to all the members of the Council who are not present at the opening of the sitting. (Sec. 286, Muni- cipal Act.) 263. If on the opening of the special meeting it appear Effect of want that the notice of meeting has not been sent to all the absent of * members, no business shall be transacted at the meeting, but 78 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Business at special meet- 1ngS. Adjourn- nnent.S. Head of City. Power to veto by-laws, etc. Duty of Mayor. Appointment of Acting Mayor. the presence of any member of the Council shall have the ef- fect of waiving the necessity of notice so far as he is con- cerned. (Sec. 287, Municipal Act.) 264. At a special meeting no other subjects or matters than those mentioned in the notice calling the meeting shall be taken into consideration. (Sec. 288, Municipal Act.) 265. Any ordinary or special meeting, when there is a quorum, may be adjourned by the Council to any other hour of the same day or to a subsequent day, without it being ne- cessary to give notice of such adjournment to the members who were not present; but, unless the adjournment be from day to day, a notice of such other adjournment shall be given, as in the case of a special meeting, to all the members of the Council. (Sec. 289, Municipal Act.) OFFICERS OF THE Corporation. 266. The head of the City shall be the Mayor thereof. (Sec. 290, Municipal Act.) 267. The Mayor shall, in addition to all other powers, have the power to veto all and any by-laws, resolutions and measures adopted or passed by a vote of the Council, author- izing the expenditure of money, at any time within twenty- four hours after the time of the adoption or passing of the same by the Council, by giving to the Clerk notice thereof in writing. Provided, however, that such veto may be removed or overruled by a two-thirds vote of the Council at any sub- sequent meeting. (Sec. 291, Municipal Act.) 268. The Mayor shall be the chief executive officer of the City, and it shall be his duty to be vigilant and active at all times in causing the law for the government of the City to be duly executed and put in force; to inspect the conduct of all subordinate officers in the government thereof, and, as far as may be in his power, to cause all negligence, carelessness and positive violation of duty to be duly prosecuted and punish- ed; 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 improvement of the finances, health, security, cleanliness, comfort and orna- mont of the City. In case of the absence from the City or illness of the Mayor, the Council may by resolution appoint from among their number an acting Mayor, who shall, while so acting, have all the powers of the Mayor. (Sec. 292, Municipal Act.) 1902 WINNIPEG CHARTER. CAP. 77. 79 THE CLERK. 269. The Council shall by by-law appoint a Clerk, and Appointment the Clerk shall truly record in a book, without note or com- *ºuties of lment, all resolutions, decisions and other proceedings of the Council, and if required by any member present shall record the name and vote of every member voting on any mat- ter submitted, and shall keep the books, records and accounts acted upon by the Council, and also the originals or certified copies of all by-laws and of all minutes of the proceedings of the Council, all of which he shall so keep in his office or in the place appointed by by-law of the Council. (Sec. 293, Municipal Act.) * 270. The Council may by resolution provide that, in case Person to act N e e e e in absence, the Clerk is absent or incapable through illness of performing ...ºrk. the duties of Clerk, some other person to be named in such resolution, or to be appointed under the hand and seal of such Clerk, shall act in his stead, and the person so appointed shall, while he so acts, have all the powers of the Clerk. (Sec. 294, Municinal Act.) 271. Any person may inspect any of the particulars afore- iº of said, as well as lists of electors, poll books and other docu-ºº." ments in the possession of or under the control of the Clerk, at all seasonable times; and the Clerk shall within reasonable time furnish copies thereof to any applicant at the rate of ten cenits per hundred words or at such lower rates as the Council appoints, and shall, on payment of the proper fee therefor, furnish within reasonable time to any elector of the City, or to any other person interested in any by-law, order or reso- lution, or to his attorney, a copy of such by-law, order or resolution certified under his hand and under the corporate seal of the City. (Sec. 295, Municipal Act.) 272. In case the Clerk neglects or refuses to allow any Penalty for person to inspect any of the particulars aforesaid, or neglects ::::::: or refuses to produce for inspection any of the said lists of .tion, electors, poll books or other documents as aforesaid, or neg- * lects or refuses to furnish copies of documents as aforesaid, he shall, on conviction by a Magistrate or any Jus- tice of the Peace, be liable for a first offence to a fine of not less than ten dollars, nor more than twenty dollars, and in default of payment to im- prisonment for not less than five days nor more than twenty days, and for each subsequent offence to a fine of not less than twenty dollars, nor more than fifty dollars, and, in de- fault of payment, to imprisomnent for not less than ten days nor more than forty days. (Sec. 4, Cap. 23, 56 Vic.) 80 Car. 77. WINNIPEG CHARTER. 1-2 EDW. VII Annual return 273. The Clerk shall, on or before the first day of Feb- of names and o º e - e ‘º #. ; ruary in each year, transmit to the Municipal Commissioner OſticerS DO OC Sent to. the names and post office addresses of the Mayor, the Clerk, §" the Treasurer and the Assessment Commissioner for the cur- S1ODCI’. rent municipal year; and the Clerk refusing or neglecting to comply with this requirement shall incur a penalty of ten dollars, to be recovered with costs in the County Court of Winnipeg, at the suit of any one who may sue for the same, and to be payable on recovery to the Provincial Treasurer, to form part of the Consolidated Revenue Fund of this Pro- vince; and such names and addresses, when received by the Municipal Commissioner shall be published in The Manitoba Gazette for the information of the public and free of charge. (Sec. 296, Municipal Act.) - THE TREASURER. Appointment 274. The Council shall by by-law appoint a Treasurer, ** who shall be paid by salary; and the Treasurer, before en- tering upon the duties of his office, shall give such security as the Council directs for the faithful performance of his duties, and especially for duly accounting for and paying over all moneys which may come into his hands; and it shall be the duty of the Council in each and every year to inquire into the sufficiency of the security given by such Treasurer and report thereon. (Sec. 298, Municipal Act.) Duties of 275. The Treasurer shall receive and safely keep all Treasurer. º e moneys belonging to the corporation, and all bonds and de- bentures issued by the City and undelivered to purchasers thereof or unsold, and shall pay out the same to such per- sons and in such manner as provided in this Act, and as the by-laws or resolutions of the Council direct; but no member of the Council shall receive any money from such Treasurer for any work performed or to be performed, except his indemnity as such member provided by law; and such Treasurer shall not be liable to any action at law for any moneys paid by him in accordance with any by-law or resolution passed by the Council, unless where another dis- position is expressly made of such moneys by statute. (Sec. 299, Municipal Act.) • By-laws 276. The Treasurer shall conduct the business of his office #., and perform the duties thereof in the manner provided by by-law of the Council, except where such by-law is inconsist- ent with the provisions of this Act. (Sec. 300, Municipal Act.) Appointment 277. In case of a vacancy in the office of the Treasurer or #.º. of his absence from the City, or in case of sickness or other 1902 WINNIPEG CHARTER. CAP. 77. 81 inability to perform his duties, the Council shall, by resolu- tion, appoint an acting Treasurer, who may be male or fe- male; and the person so appointed shall, while he or she so acts, have all the powers of the Treasurer. (Sec. 301, Municipal Act.) 278. No person shall be Clerk or Treasurer, except such Treasurer, etc. berson be of the full age of twenty-one years and a subject of ºn IIis Majesty by birth or naturalization. (Sec. 303, Muni- i. & subject. cipal Act.) ASSESSMENT. Appoint MENT OF OFFICERs. 279. The Council shall appoint an Assessment Commiss- Assessment ioner and not more than three assistants, all of whom shall be ºf: called assessors, and they shall constitute a board; the salaries to be paid to the said assistants shall be fixed by the Council at such rate, each per month, as the Council may deem just during the time they are employed, and the salary to be paid the said Assessment Commissioner, who shall be a permanent officer of the City, shall also be fixed by the Council. (Sec. 567, Municipal Act.) 280. The assistants of the Assessment Commissioner, after powers of their appointment by the Council, shall be under the control ājº" and supervision of the Assessment Commissioner, who shall ºne" have the right, irrespective of the Council, to suspend any assistant disobeying orders, or otherwise in his opinion vio- lating the duties of his office, pending the action of the Coun- cil, 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 action of the Coun- cil, employ another to fill his place. (Sec. 568, Municipal Act.) TAXABLE PROPERTY AND ExEMPTIONs. 281. All lands shall be liable to taxation, subject to the Taxable following exemptions:– §ons. (a) Lands belonging to His Majesty, or held in trust for Crown lands. his use, or for the public use of the Dominion or this Pro- vince of Manitoba; (b) Iands vested in or held in trust for the City; Hººd (c) Every public school established or continued under Public schools º and cortain “The Public Schools Act,” every public hospital and every ... , o H e e & ... → ~ * ** * ~ tº * educational educational institution engaging in preparing pupils for the ºl CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Property of agricultural Societies. Cemeteries. By-law. exemptionS. Churches. Exceptions. Provincial and other lands liable to local improve- ment, taxes. “Realty estate within but owned with- out city to be assessable. Assessment, roll to be made. Form of general assess- ment roll. examinations of and affiliated with the University of Mani- toba, with in each case the land requisite for the use thereof, not exceeding four acres in any one instance; (d) All the buildings, with their appurtenances, and all the land necessary thereto, which buildings and land are ac- tually occupied by and belong to any incorporated agri- cultural or horticultural society and are used solely for the purpose or benefit of such society; (e) Every public burying ground not exceeding twenty acres; (f) All land legally exempted from taxation by a by-law of the City; (g) Buildings, commonly called churches, erected or used for the regular stated places of worship of any religious de- nomination and the land in connection there with not exceed- ing two acres in extent. (h) Where any land mentioned in this section or any of the first five sub-sections 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. (i) The lands mentioned in sub-sections (c) and (g) of this section shall be liable to special assess- ments for local improvements, in the manner provided in this Act in ordinary cases of local improvement assessment, but that no lands held by FIis Majesty for the use of the Province of Manitoba and no public schools shall be sold for arrears of taxes. 282. All real property situate within, but owned out of, the City shall be liable to assessment in the same manner, and subject to the like exemptions, as other real property un- der the provisions of this Act. (Sec. 9, Assessment Act.) PREPARATION OF AssessMENT ROLL. 283. Annually, the Assessment Commissioner shall, after diligent inquiry, and aided by any statement that may be mentioned in this Act or that may be furnished to him other- wise, proceed to make a valuation of all the rateable pro- perty in the City and according to his best judgment make assessment rolls, in which he shall set forth correctly all the particulars and information required to be contained in or- der to comply with the forms in Schedules “E” and “D’’ to this Act, or to the like effect. 284. The general assessment roll shall be in the form in Schedule “D’” to this Act, or to the like effect, and shall 1902 - WINNIPEG CHARTER. CAP. 77. • 83 contain the description of all the rateable property in the City, save the business tax assessment, hereinafter provided for, which shall be in the form of Schedule “F” to this Act, or to the like effect. 285. The business tax assessment shall be made in a Business tax * t t - - - & b -> 11 t b C separate roll and may be made at a different time from the ºhe. general assessment roll. The business tax assessment roll May ºa on at º $62Cl OIl 8, may be returned or reported upon to the Council by the As-àº. sessement Commissioner at a different time from that fixed "* for the return of the general assessment roll. A separate gourt of Court of Revision may be held at a time fixed by resolution ºn for of the City Council, and the hearing of appeals from the Court of Revision by the Judge may be also at a different time from the hearing of the appeals in respect of said real property assessment; the two assessments being treated for all said purposes as separate and distinct. Such last men-To be open for tioned assessment roll shall be open for inspection for a ºn to period of ten days, notice of appeal or complaint shall be given seven days before the day appointed for the sitting of the Court of Tevision, and the business tax shall be due and payable fifteen days after notice or demand by the Tax Col- lector. In all other respects the inspection of the business In other tax assessment roll, the giving notice of appeal or making tº: o- complaints, and the procedure for the revision and coming º into force of such assessment roll, and for the preparation of ..." a tax roll based thereon and the collection of taxes, shall be the same as by law are now provided for the general assess- ment roll. 286. The Assessment Commissioner shall set down in General - º -> &US SS t the general assessment roll, according to the best information iºtain * - additional to be had :— - information. (a) The names and surnames, if the same can be ascer-Names of tained, of all taxable persons resident in the City who have ºple per taxable property therein, and of all non-resident owners who have given the notice in writing mentioned in section 292 of this Act and required their names to be entered in the roll; (b) The description and extent or amount of property Description of º roperty assossable against each of such persons. j 287. When the assessor is unable to ascertain the Property of e o deceased name of the person who should be assessed in lieu of a persons. deceased person, he may insert, instead of such name, the words “Tepresentatives of A. B., deceased.” 288. The Assessment Commissioner shall set down the tº - º COIUlm IIS Of Gºl C particulars in separate columns, as follows:– roll. r 84 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Inquiries at the Dominion Lands office, etc. Information to be furnish ed gratis. Lands occu- pied by OW In CTS. Unoccupied lands. Occupied lands. Proportions to be assessed to Several OWI) Gl'S OF OCCupants. Column 1. The successive number on roll. Column 2. Name (surname first) and residence of tax- able person. 289. It shall be the duty of the Assessment Commis- Sioner to make such inquiries at the Dominion Lands Office, as well as at the Registry Office, and at the Land Titles Of- fice, if necessary, as will enable him to assess all lands that have become liable to assessment. (Sec. 14, Assessment Act.) - 290. It shall be the duty of the officers in charge of the respective Provincial offices above named, when so required by the Assessment Commissioner or any of his assistants, to give him or them, free of charge, all information he or they require respecting property situated within the limits of the City; when these officers are required, however, to give ex- tracts or certificates from their office, then they may charge five cents per folio of one hundred words for all such ex- tracts, and twenty-five gents for each certificate. (Sec. 15, Assessment Act.) 291. Lands occupied by the owner shall be assessed in his name. (Sec. 18, Assessment Act.) 292. Unoccupied lands may be denominated “lands of non-residents,” unless the owner thereof has ā legal domicile or place of business in the City, or by himself or agent gives notice in writing, setting forth his full name, occupation, place of residence and post office address, to the Assessment Commissioner of the City on or before the first day of Feb- ruary in each year, that he owns such land, describing it, and requires his name to be entered on the assessment roll. therefor, and the said Commissioner shall assess unoccupied lands to the owner, if he is aware of his name. (Sec. 19, Assessment Act.) 293. It shall be the duty of the Assessment Commis- sioner, where he finds lands occupied, to assess them in the name of the occupant as occupant or tenant, as the case may be, and also to the owner, if required by the latter to do so or if he can ascertain his name from the tenant or occupant Or otherwise. (Sec. 20, Assessment Act.) 294. When the land is owned or occupied by more per- sons than one, and all their names have been furnished to the Assessment Commissioner, they shall be assessed therefor in the proportions belonging to or occupied by each respective- ly; and if a portion of the land so situated be owned by 1902 WINNIPEG CHARTER. CAP. 77. 85 parties who are unknown and who have not required their names to be entered on the roll, their portion of the property shall be assessed in the names of the occupants if occupied, and if unoccupied shall be entered as non-resident. (Sec. 21, Assessment Act.) 295. Such lands may be assessed in conformity with Mode of Schedule “D’’ to this Act, but the amount need be extended aSSeSSment. only once, and opposite the name of the last owner on the list, and no division of the property shall be necessary for the purposes of assessment. (Sec. 22, Assessment Act.) 296. When the land is assessed against both owner and Names on roll. occupant, or both owner and tenant, the Assessment Com- missioner shall place both names within brackets on the roll. (Sec. 23, Assessment Act.) 297. The assessment of lands shall be so made that tax- Lands and ation shall fall equally upon the same according to a pro rata º, how value, and buildings shall be assessed at actual value. (Sec. 25, Assessment Act.) 298. All vacant lands, though surveyed into building vacant lands lots, if unused as such, may be entered upon the assessment º roll as so many acres of the original block or lot, describing the same by the description of the blocks or by the numbers of the lots, as the case may be. Provided that, when one or more lots or blocks are assessed together, each lot or block shall be liable for a proportionate share as to value of the amount of the taxes imposed, and any person owning any of said lots shall be liable to contribute his proportion of the tax to any person who may have been compelled to pay the same. (Sec. 26, Assessment Act.) 299. All buildings upon real estate in the City, Buildings and whether owned by the owner of the real estate or by otherº persons,and all buildings which may be considered as tenants'."" fixtures and liable to removal by persons other than the own- ers of the real estate, shall be deemed and construed for the purpose of this Act to be real estate and shall be assessed along with the real estate to the owner of the latter. (Sec. 4, amendment, Assessment Act, 1893). & 300. All pipes and other properties of gas and water com- panies, which have been heretofore and which shall be here- after fixed in, on or under the streets of the said city, shall, for the purpose of this Act, be deemed real estate. (Sec. 5, amendment, Assessment Act, 1893). 86 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Lines of track, €6. etc., of Str Railway Co. deemed real estate. Pipes, wires, etc., of tele- phone, etc., companies deemed real estate. Capitalized rental value. Who liable to tax as business tax. How to fix amount of assessment for business tax. Barbers, blacksmiths, carpenters. 301. The lines of track, rails and other property of street t . . . te railways, which have heretofore been fixed and placed or which may hereafter be fixed or placed in, on or upon any of the streets of the City, shall be deemed for the pur- pose of this Act to be real estate. (Sec. 6, amendment, Assessment Act, 1893). 302. All poles, wire and other property and appliances of any electric light, electric power, telegraph or telephone com- pany, placed in, upon or above the streets of the City, shall for the purpose of this Act be deemed real estate. (Sec. 7, amendment, Assessment Act, 1893). * 303. Every person who and every firm, partnership, company or corporate body that carries on business in any way in the City as merchant, trader, manufacturer, banker, broker, money changer, lawyer, physician, dentist, photo- grapher, auctioneer, grocer, baker, butcher, huckster, me- chanic, pawnbroker, livery stable keeper, tanner, land agent, commission agent, ticket agent, ticket seller, telegraph agent, telephone agent, inspector of any kind, agent of any kind, or who carries on an insurance business of any kind, or acts as agent for any of the above mentioned businesses, or who car- ries on any other business, trade, occupation, manufactory, art or profession not above detailed, shall be assessed for a sum by way of capitalization of the rental value of the prem- ises which he so occupies in carrying on any of the businesses, professions, employments or callings above mentioned, or which he uses for an office for such business, profession, em- ployment or calling and both thereof, to the end and intent that all persons, firms and corporations occupying premises not solely used as a residence for the person, firm or corpor- ation so occupying the same, shall be liable to taxation for a Sum equivalent to the capitalized rental value of the prem- ises so occupied. (Sec. 8, amendment, Assessment Act, 1893). - 304. In arriving at the amount for which such person, firm or corporation shall be assessed as above mentioned, the Assessment Commissioner shall capitalize the annual rental value and fix the amount of the assessment by multiplying said annual rental value by five, subject, however, to the following provisions, that is to say:— (a) In the case of business premises occupied by barbers, blacksmiths, carpenters, photographers, feed and sale stable keepers, and all other mechanics, artizans or workmen who do not carry stock of over $200 in value, the capitalization mentioned shall be arrived at by multiplying 1902 WINNIPEG CHARTER. CAP. 77. 87 the annual rental value of the premises so occupied by three and one-third. (b) In the case of retail merchants the said capitalization Retail e & e merchants. shall be arrived at by multiplying the annual rental value of the premises so occupied by four and one-sixth. - (c) In the case of barbers who maintain one or more Barbers who bathrooms in connection with their business, a reduction ºn bath from the foregoing capitalization shall be made in the pro- portion which the floor space of such bathrooms bears to the whole floor space occupied by such barber, provided that in no case shall more than 60 square feet be computed as the area of any one bathroom. (d) In all cases where the rental value of premises shall #ing exceed 75 cents per square foot of the floor space of the capitalized building or part of the building occupied by the person so rental value. assessed, the Assessment Commissioner, in fixing the amount of capitalization above mentioned, shall fix the sum of $3.75 per square foot for such floor space; and in estimating the floor space for the assessment above mentioned, the Assess- ment Commissioner shall compute the measurement from the inside of the walls of the building or apartment so occu- pied, measuring the entire superficial floor area within and each of the floors thereof so occupied ; cellars used, however, by the party so assessed under the premises so occupied, hav- ing no outside entrance for ingress and egress of customers, shall not be included in this assessment, except when the floor area thereof exceeds the floor area above described. In case of such access, the floor area of the cellar to the extent of such excess shall also be assessed at the rate aforesaid against the occupant, to the end and intent that the occupant of the premises whether he uses such cellar in connection with his premises or not shall not be assessed upon a capitali- zation of rental which shall exceed $3.75 per annum for each square foot of the floor surface of the nTemises occupied by him, not measuring such cellar except in case of excess cellar space as above provided for. (Sec. 8 (b), 1893). (e) In all cases where the rental value of the premises The like.' shall be less than 30 cents per square foot of the floor surface of the building or part of building occupied by the person so assessed, the Assessment Commissioner in fixing the amount of capitalization above mentioned shall fix the same at the sum of $1.50 per square foot for such floor surface, and in estimating the floor surface for the assessment above men- tioned, the said Assessment Commissioner shall compute the measurement from the inside of the walls of the building or apartment so occupied, measuring the Superficial floor area within and each of the floors thereof so occupied ; cellars used, however, by the party so assessed under the premises 88 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Different businesses, etc., rates of assessment. Auctioneers. Manufactur- £TS. Livery and feed stables, etc. Occupants of floors above ground floor. Wood, coal, etc., yards. Ice houses. Skating and other rinks. Warehouses. Licensed hotels or restaurantS. So Occupied, having no outside entrance for ingress or egress of customers, shall not be included in this measurement, to the end and intent that the occupant of the premises, whether he uses such cellar in connection with his premises or not, shall not be assessed upon a capitalization of rent which shall be less than $1.50 per annum for each square foot of the floor surface of the premises occupied by him, not measuring such cellar. (1893, amendment, Assessment Act.) - (f) Persons using and occupying premises for the fol- lowing purposes shall be assessed in the manner provided in the first paragraph of this section, and paragraphs (d) and (e) shall not, nor shall either thereof, apply to any such person, viz.:- (1) Offices and warehouses of auctioneers who are li- censed as such by the City. (2) Manufacturers whose establishments so assessed are chiefly and principally employed in manufacture or in me- chanical labor. (3) Livery stable, and feed and sale stable keepers, tran- sportation companies’ stables and all other stables liable to taxation under this Act. (4) Persons occupying floors of buildings above the ground floor, who do not in connection with such occupation use or occupy any portion of the ground floor on, or about on, the street level. "( 5) Occupants of wood, coal, lumber, brick or stone yards or any other yard used for storage or for carrying on any business or any cattle or stock yards and all buildings on the same premises used in connection therewith. (6) Ice houses and storehouses for ice and offices in con- nection there with. (7) Skating, curling and other rinks, whether enclosed or In Ot. (8) Warehouses and other premises used solely to ware- house goods where the goods are not open to inspection by customers and where the chief office or place of business of the occupant is not in the building so assessed. (Amend- ment, Assessment Act, 1893). (g) (1) The occupant of every licensed hotel or restaurant shall be assessed for a gross sum by way of rental capitaliza- tion, which shall be equal to $2.50 per square foot of all the floor space occupied by the bar-room, billiard-room and drink- ing rooms or stalls used as such in connection with the bar and billiard rooms, and in computing this space the Assess- ment Commissioner shall measure from the inside walls of 1902 WINNIPEG CHARTER. CAP. 77. 89 the entire portion of the building so occupied and include all closets, halls and spaces within such walls, and, except as aforesaid, no licensed hotel shall be assessed by way of capi- talization of rental. (2) This section shall not apply to any opera house, theatre, public hall, place of public amusement, place used for public meetings only, or any hall or place of meeting for Secret, political, friendly or other societies or bodies of people, or to any temperance hotel or boarding house. (Sec. 8, amendment, Assessment Act, 1893 and 1896.) 305. Every occupant of any building liable to taxation occupant as set forth in this Act shall be liable for such assessmentº.” although he be the owner of the premises and liable to taxa- * tion as the owner of the real estate and the buildings. (Sec. 9, amendment, Assessment Act, 1893.) 306. The assessor, in assessing the properties of water-Assessment of works, street railway, telegraph, telephone, gas, electric lightiº" and electric power companies, which are in, upon or above *P* the streets of the said City as hereinbefore mentioned, and the engine, boiler, dynamo and other plant used in the power house, generating house or building used in pumping, gener- ating power, electricity or gas, shall not be called upon to value and shall not value the same but shall assess by enter- ing in the assessment roll in each year the value of such properties so in, upon and above the streets and the said plant in the said buildings in the following gross amounts: (a) Every gas companv Supplying gas for illuminating or Gas and elec. & g - *** e l other purpose for gain, the sum of $60,000 in respect of ...s. its gas business. (b) Every company supnlving electric light for gain, the Electric light g g * * º † * * e companies. sum of $40,000 in respect of its electric lighting business. p (c) Each telephone company, the sum of $30,000. Telephone COD) pallleS. (d) Each water and water-works company, the sum of water works gººse CompanleS. $150,000. (e) Each street railway company, the sum of $40,000 in sºilway sº g ſº companies. respect of its railway business. (f) Each telegraph company, the sum of $15,000. Telegraph COnlpanleS. Provided, however, the Council may in any year or years §§ º e e reduction o reduce the said sum in regard to telegraph companies by re-jºby solution or by-law. * Council. 307. The values set out in the preceding section are sº based upon a population of the City of in the neighborhood sins lºſioned is 8USCC1, 90 CAP. 77. Winnipeg CHARTER. 1-2 EDw. VII of 30,000 people, and, as soon as shown by the last revised as- sessment roll census of the City that the population of the City shall have reached 35,000, the Assessment Commission- er shall add to each of such gross sums a sum equalling 10 per centum of each thereof, and for each additional increase of Increase when 5,000 to the 35,000 above mentioned of inhabitants as shown population 9 @ inºs, rate by such excess the Assessment Commissioner for the follow- Of. ing year shall add to the next previous assessment 10 per centum of the original assessment as fixed by the next pre- ceding section of this Act. (Sec. 11, amendment, Assess- ment Act, 1893.) Sºilwº. 308. None of the companies referred to in section 306 of companies not tº lºsed this Act shall be assessed by way of capitalization of rental ºtion for any building or premises used by them solely for the value. generation of power in which the plant and machinery is ºption- exempted by this Act. But nevertheless telegraph and tele- phone companies shall be liable to assessment by way of capitalization of rental for the offices and other premises oc- cupied. (Sec. 12, amendment, Assessment Act, 1893.) Nºs 309. The Assessment Commissioner shall mail to the assessment to party assessed for business tax a notice as required by section be given. a o H . - - - e & 331 of this Act, which notice may be in the form of Schedule F to this Act or to the like effect. (Sec. 14, amendment, Assessment Act, 1893.) Assessment 310. The amount assessed by the Assessment Commis- .*.* sidner against occupants by way of capitalization of rental as above provided shall be subject to revision by the Court of IRevision in the same manner as the assessment of real pro- perty is provided for in this Act, and an appeal shall, lie therefrom as in this Act provided. (Sec. 15, amendment, Assessment Act, 1893.) - Court of 311. In case of errors or omissions in assessments or reV1S1On may : e e ãºs in case of non-assessment of occupants, the Court of Revision § shall have full power to correct the same, and shall correct the same, and shall enter occupants who have not been assess- ed in the same manner and upon the same notice as is pro- vided for correcting such errors and omissions in the assess- ment of real estate by this Act. (Sec. 16, amendment, Assessment Act, 1893.) Companies not 312. The assessment of the various companies for gross łº sums in lieu of properties in, upon and over the streets of *... the said City, the assessment of occupants by way of cap- lar localities: italization of said rental value shall be subject to all levies made thereon by by-law or by-laws of the said City as any other assessment, except that these assessments shall not be 1902 WINNIPEG CHARTER. CAP. 77. 91 liable for any rates which have been or may be struck under any local improvement by-laws wherein a particular portion of the City is assessed for local improvements, but this section shall not relieve any street railway company which has been or which may hereafter be liable under section 689 of this Act, and so far as street railways are concerned that section shall remain in full force and effect. (Sec. 17, amendment, Assessment Act, 1893.) t 313. All personal property of every nature and kind in Personal. and upon the premises for which the occupant has been £º.” assessed by way of capitalization of rental shall be liable for the taxes due by such occupant while the occupant is so in possession of the said premises, and the taxes shall be a first priority of charge thereon and shall take priority over every other lien" or claim thereto, and may be seized while so upon the prem- ises distrained upon, and sold as provided by this Act for Distress, the distress and sale of personal property for non-payment of arrears of taxes, and the goods and personal property of the party so assessed as herein provided, wherever they may be found within the City, shall be liable to be seized, distrained upon and sold for arrears of taxes as is provided by section 369 and the following sections of this Act. (Sec. 18, amendment, Assessment Act, 1893.) 314. Nothing in this Act contained shall be construed to Business tax make the above tax levied upon such occupants a charge lºº upon the real estate or building so occupied, but such tax is levied in lieu of a tax upon personal property. (Sec. 19, amendment, Assessment Act, 1893. 315. In case of non-payment of taxes levied upon any of Remedies for ... • tº ge * On-payment, the companies heretofore in this Act mentioned who have º' properties in this Act described as in, upon, under or over .nies. the streets of the City, and machinery and plant above described, after the collector has mailed the notice required by section 364 of this Act, upon resolution of the Council authorizing the same, the collector may leave a notice at the office or chief place of business of the company in the City notifying the Company that, in case the taxes so in ar- rears are not paid within three months after the date of the leaving of the notice at the company’s office or place of busi- ness, payment will be enforced by seizure and removal of the property of the company so defaulting which may be in, under, upon or over the streets of the City or the said plant and machinery. (Sec. 20, amendment, Assessment Act, 1893.) * 316. Immediately upon the expiration of the said three ;... months' notice the Collector may issue his warrant to a bailiffº. 92 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII or constable, directing the said bailiff or constable to seize and take possession of the said property of the company so defaulting and remove the same from the street and sell the same after giving notice by advertisement for twenty days. (Sec. 21, amendment, Assessment Act, 1893.) Sale, etc. 317. The said bailiff shall, upon receiving that warrant, forthwith take possession of such of the said property of the defaulting company as he can obtain possession of and shall take up, pull down, cut down and remove the same from the streets and lanes of the City and shall sell the same and return the proceeds thereof to the Collector, having first re- tained thereout his own fees and charges, and in the execu- tion thereof the bailiff may employ such assistance as he shall deem necessary in the performance of his duties. (Sec. 22, amendment, Assessment Act, 1893.) * Distress for 318. In addition to the special powers given in this Act business tax for the collection of the taxes, the City shall have all the powers for collecting the taxes, levied upon the assessments in this Act provided for, by distress action or suit as are i.º.ºney given and provided for in this Act, and the properties de- a,I’I’Ca, T.S. scribed in section 306 of this Act shall be liable for sale for arrcars of taxes in the same manner that real estate in ar- rears may be sold, and become absolutely vested in the pur- chaser, and the taxes accrued upon such property shall be a Lien. speciak and first lien and shall have a preference over every other lien, claim or incumbrance. (Sec. 23, amendment, Assessment Act, 1893.) GENERAL ROLL. Assessment of 319. The Assessment Commissioner shall enter every lands. e - piece or parcel of land upon the general assessment roll by a Description true and accurate description ; and, where such piece or par- jº, son, cel of land consists or is composed of a fractional part of any lot or lots, the description thereof shall be made by the As- sessment Commissioner on the assessment roll by such de- scription that the parcels of land can be easily ascertained, if he can procure such a description from the Registry Office or Tand Titles Office or from the owner of such parcel, or by the best description that can be obtained. (Sec. 28, Assess- ment Act.) º 320. Lands liable to assessment shall be assessed in the wºreinward in which such property lies, and this shall include the Situate. lands of incorporated companies as well as other property; Business tax and when anv business is carried on by a person in the City, ...t" and he does not reside therein, he shall be assessed for busi- ness tax in the City. (Sec. 30, Assessment Act.) 1902 WINNIPEG CHARTER. CAP. 77. 93 321. For the purpose of assessment, real property shall Interpretation include lands, buildings and improvements thereon; and all ºrrº buildings and improvements thereon shall be assessed to the owner of the land, whether owned by him or not; and build- ings, when the same are upon some street, park or exempted lands, and are not themselves exempt, shall be assessed for the value thereof against the owner thereof; but no assess- ment shall be invalid by reason of any property having been placed or specified in the class or column of the assessment roll to which it does not belong, nor by reason of any error in the notice of assessment. (Sec. 31, Assessment Act.) 322. It shall be the duty of every person assessable to º give all necessary information to the Assessment Commis-à... " Sioner; and, if required by the said Commissioner, he shall deliver to him a statement in writing, signed by such person, or by his agent if the person himself be absent, containing all the particulars respecting the property assessable against such person which are required in the assessment roll. (Sec. 40, Municipal Act.) 323. In case any person fails to deliver to the Assessment Penalty for Commissioner the written statement mentioned in the last “ preceding section, within one week after being required in writing by the Assessment Commissioner so to do, such per- son shall, upon conviction before any Justice of the Peace having jurisdiction in and for the City, be liable to a fine not exceeding fifty dollars and costs. (Sec. 41, Municipal Act.) 324. The Assessment Commissioner shall not be bound Assessment by any such statement if he have reason to doubt its accur- º acy, and shall assess such person for such amount of real pro-" perty as he believes to be just and correct. (Sec. 42, Muni- cipal Act.) (a) Nothing in this Act contained shall authorize the assessment or taxation of any property exempt from assess- ment and taxation under “The Railway Taxation Act ’’ or exempt under any by-law or by-laws of the City. IREPORT of CoMPLETION OF ASSESSMENT ROLLs. 325. On or before the 15th day of May in each year the Date when * y y y Assessment Commissioner shall report to the Council the iº" completion of the assessment rolls. (Sec. 10 of amendment to Assessment Act, 1900.) 326. Before the assessment rolls can be reported to the Rolls to be Council they must be signed by the Assessment Commission- signed. er. (Sec. 52, Municipal Act.) 94 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Certificate of 327. To the said assessment rolls must also be attached a ASSessment * * e ... - •, , , , . Commissioner certificate signed by the said Assessment Commissioner and On rolls. ſº © 4. • , Sworn or affirmed before a Justice of the Peace or Commis- sioner for taking affidavits or the Clerk of the City, in the following form, or as near thereto as may be:— Form I (name of deponent) do swear (or solemnly, sincerely and truly declare and affirm) that, to the best of my know- ledge and belief, the foregoing assessment roll is correct, and that nothing has been unduly or fraudulently omitted there- from or inserted therein; and that I have given and sent, ac- cording to law, the notices required by law, and that the date of mailing such notices is in every case correctly stated in said roll. So help me God (Omit last four words if party affirms.) (Sec. 53, Assessment Act.) PENALTY-SAVING CLAUSEs. Penalty in- 328. In case the Assessment Commissioner, after having ‘....at accepted the office, fails or omits to perform his duties or to ‘...ºner insert in his roll any of the information required by the #" form herein given, and which it shall have been in his power to obtain, he shall be liable to a penalty of five dollars for each such omission respectively, for the recovery of which an information may be laid or suit brought; and, on due proof that with reasonable effort and diligence such informa- tion could have been obtained, such penalty, with costs of prosecution or suit, shall be recoverable by a summary pro- suit for pen cess before any Justice of the Peace residing in the City, or alties. before the County Court of Winnipeg : said information ma € y peg ; y be laid or suit brought by any ratepayer of the City, or by the Municipal Commissioner or by any one authorized by the Municipal Commissioner in that behalf; and such pen- May bere alty may be recoverable by distress or otherwise, and when 3. * so recovered it shall be payable to the party laying such in- formation or bringing such suit. Limitation of Provided, however, that no such information shall be laid ** or suit brought but within six months from the time of the report of the completion of said roll, and that any party lay- ing such information or bringing such suit shall, on failure to prove the same, in the discretion of the Justice or Court Costs. trying the case, be liable to pay the costs of such proceed- ings. (Sec. 54, Assessment Act.) Jo Flº in or , * * tº º 329. Nothing in the last preceding section shall be held scribed not to : - ºn Tw & * **** • Avrº - ¥3. ;:"...ſº, to interfere with any other remedy provided by law against other rem: the Assessment Commissioner' for any neglect or breach of cdies. duty. (Sec. 55, Assessment Act.) 1902 3. WINNIPEG CHARTER. CAP. 77. 95 330. No assessment shall be invalid by reason of any de Pº feet in form, or by reason of omission of assessable property iſºto" therefrom, or by error in the notice provided for in section invalidate. 309 and 331 of this Act, or by the non-report of the comple- tion of the roll at the time specified, or by reason of any land occupied being wrongly entered as unoccupied or occupied, or by reason of any land belonging to persons having their legal domicile Ór place of business, or the legal domicile or place of business of their agent, in the City, or who have given the notice required by section 292 of this Act, being entered as land of non-residents or vice versa. NOTICE OF AssEssMENT. 331. The Assessment Commissioner shall send by mail lºbe to, or leave personally with, each person assessed, or his ë. e gº e tº Oln) IYY ISS.101) CI’ agent, a notice in the form in Schedule “G” to this Act of "ºtion or to the like effect. **i. 332. The Assessment Commissioner shall enter in the as-Entry...of date & * g of mailing Sessment rolls the date on which he has mailed or delivered motič. the notice required to be sent by him to each party assessed. (Sec. 58, Assessment Act.) «» IREVISION OF THE ROLL. 333. The Council shall decide the place, date and hour Council to de- where and when the Council will sit as a Court of Revision. ...","...# It shall be sufficient to express such decision in a resolution ** of the Council. The Court of Revision may consist of such Constitution members of the Council, not less than four, as may be order. "“” ed by the Council, of whom three shall form a quorum. (Sec. 60, Municipal Assessment Act.) 334. So soon as the assessment rolls, or either of them, Notice of have been reported as complete to the Council, the Assess tº ment Commissioner shall give public notice thereof and of ** the date at which the Council will sit as a Court of Revision; and such notice shall state where said assessment roll has been deposited; that it will remain open to inspection to all parties for fourteen days; that parties desiring to complain against the assessment roll must lodge their complaints in the office of the Assessment Commissioner within the four- teen days next after the report of the completion of said roll, and that the Council will sit as a Court of Revision on such date to examine said assessment and hear all such complaints in connection with the same. No such complaint shall be heard or considered unless notice thereof has been received within the time limited by this section. (Sec. 62, Assess- ment Act.) - 96 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Mode of . 335. Such notice shall be given and published by posting giving notice. ſº tº the same on the door of the Council Chamber and in four other conspicuous places in the City, and also, if directed by the Council, shall be published in at least two issues of a newspaper published in the City. (Sec. 63, Assessment Act.) ºf , 336. Any errors or omissions found in the assessment roll ºng before the sitting of the Court of Revision may be corrected Revision by the Assessment Commissioner. (Sec. 64, Assessment Act.) - Appeals 337. Any person whomsoever, whether assessed or not ainst a SSess- tº ºt ...” assessed, may apply to the Court of Revision by way of ap- * peal for a revision of the assessment rolls, or either of them, or any part of them, whether it be to increase or reduce his own assessment or the assessments of somebody else, or to have entered, reduced or struck off any property of his own or somebody else, or to have properly described properties which have been inserted under a wrong description, or to have proper names put in instead of wrong names, and whether the error complained of be of omission or of com- mission. Such application must be in writing addressed to the Assessment Commissioner, and must be left with such Assessment Commissioner ten days before the sitting of the Court of Revision, and must state the grounds and nature of the complaint, describing the property which is the subject of the complaint. (Sec. 65, Assessment Act, as amended, 1900.) Assessment 338. The complainant may be the Assessment Commis- Commissioner t may be sioner. (Sec. 66, Assessment Act.) complainant. - - ºplainants 339. The Assessment Commissioner shall number the t e e g º g ... bered complaints according to their roll numbers, respectively, in each ward. (Sec. 67, Assessment Act.) . Notice to per- 340. In case of a complaint by one person against an- .* other, the Assessment Commissioner shall, besides the publication of the notice above mentioned, mail, within four days after the expiration of the time within which complaints can be received, to each person named in the complaint and in regard to whom the assessment is sought to be altered, or to his agent; a notice stating the nature of such complaint or proposed alteration, and of the place where and the date and hour when the Court of Re- vision will sit. No such notice shall be required to be sent to the complainant. When the address of any person com- plained against is not known to the Assessment Commission- er no notice need be sent. (Sec. 68, Assessment Act.) 1902 - WINNIPEG CHARTER. CAP.;77. 97 341. For the purpose of revising the assessment roll and sitting ºf of deciding the complaints in respect thereto, the Council or §. such members thereof as have been appointed for that pur- pose, as provided in section 333 of this Act, shall, at the hour, day and place previously fixed by the Council, resolve itself into and sit as a Court of Revision; and all questions shall be decided by a majority of the votes of the members sitting. In the event of absence of a quorum the Mayor may fix a time for holding the Court. (Sec. .69, Assessment Act.) 342. The said Court of Revision shall be presided over President of by the M * & & tº Court of y the Mayor, or, in his absence, by a chairman chosen from iśćvisión. amongst the members present, and the Assessment Commis- sioner shall act as the clerk of the Court of Revision. In the absence of the latter it shall be lawful for the members Clerk. of the Council, constituted as a Court of Revision, to appoint any other person to act as such clerk, and such clerk shall record the proceedings of such Court. (Sec. 70, Assessment Act, as amended, 1900.) 343. It shall be the duty of the Court of Revision to ex- Order of amine said assessment rolls and to hear and determine, in ºints. the order in which they have been numbered in each ward by the Assessment Commissioner, the complaints filed within the time for receiving the same, subject, however, to the pro- visions of the four following sections. (Sec. 71, Assess- ment Act, as amended.) 344. The Court of Revision may hear all complaints on Adjournments the same day or, if thought advisable, adjourn from time to time or until all the complaints are heard or determined; but its work must be completed before the first day of July in each year. (Sec. 72, Assessment Act.) 345. In case it is thought expedient, the Court of Revis- ºne. ion may, after having called a complaint in its order, post- s” . pone the consideration of the same to some future time; and the complainant or complainants shall, if required by the Court of Revision, produce any books or documents or papers in his or their possession or control, answer all proper questions, and give all necessary information affecting the property under consideration. (Sec. 73, Assessment Act.) 346. The Court of Revision may hear and determine any Hearing in tº tº . ”.. absence Of complaint, whether the complainant or the party against parties. - 2 * - e. p party ag whom the complaint is made be present or not. (Sec. 74, Assessment Act.) 98 CAP. 77. WINNIPEG, CHARTER. 1-2 EDW. VII fººt 347. After having heard the parties making the com- witnesses, plaint and against whom the complaint is made, if they be present and if they wish to be heard, and also their witnesses if they produce any, under oath, which shall be administered by the clerk of the Court, and also the assessors, who shall attend all sittings of the Court, if they wish to be heard or if any person complaining or any member of the Court of Re- vision wish them to be heard, the Court of Revision shall maintain the assessment roll as it is, or raise or lower the assessment as shall seem just and expedient. Proviso. (a) Provided that no change in the assessment rolls shall be made, except upon complaint and due notice thereof as required by this Act. Proviso that (b) Provided, further, that the Court of Revision during The W assess- : ... • e * - e . jº its session, or the Council at any time, may order a new as- Fººd * sessment to be made of the whole City, or of any ward, §º * block or other portion thereof; such new assessment shall not be subject to complaint or appeal of any kind, except when the assessment is beyond the former assessment or is above the amount at which it was fixed on complaint or ap- peal from previous assessment. (Sec. 75, Assessment Act.) º be (c) Provided, further, that all evidence before the Court "“” of Revision shall be given under oath if required. (Sec. 3, Statutes, 1900.) Subpoena for (d) Any party to an appeal may obtain from the AS- \ºined, sessment Commissioner a subpoena or subpoenas requiring the attendance of witnesses to give evidence before the Court of Revision at the hearing of such appeal or before the County Court Judge on the hearing of any appeal before him, which subpoena shall be signed by the Assessment Com- witness fees, missioner, and any witness served with such subpoena, and scale of. paid witness fees on the same scale as are payable in County Courts, shall be bound to attend and give evidence. (Sec. 3, Statutes, 1900.) Court to 348. As soon as the roll or rolls has or have been exam- Fº ined and all the complaints made have been determined, the Court of Revision shall report the same to the Council. (Sec. 76, Assessment Act.) w Alterations 349. Any alteration or amendment made in or to the ...” assessment rolls shall be entered upon such roll or on a paper annexed thereto, with the initials of the chairman of the Court of Revision and those of the clerk thereof. (Sec. 77, Assessment Act.) Revised rolls 350. The assessment rolls, as finally passed by the Court to be in force tº º y - * ~ * te - *- º” of Revision, shall, except in so far as the same may be fur 1902 WINNIPEG, CHARTER. CAP. 77. 99 ¥ ther amended on appeal to a Judge of the County Court of amended on Winnipeg, be in force and be valid and binding on all part- appeal. ies concerned, notwithstanding any defect or error commit- ted in or with regard to such rolls or either of them, or any defect, error or mis-statement, in the notices required, or any omission to deliver, publish or transmit such notices, and notwithstanding anything required to be done has not been done within the specified time or times. (Sec. 78, Assess- ment Act.) ' s * * APPEALS FROM Court of REVISION. 351. If a person be dissatisfied with the decision of the Appeals from * t • , e. • • e º Court of Court of Revision, or with the omission, neglect or refusal ºn. of the said Court to hear or decide an appeal, he may appeal therefrom, in which case— (a) IIe shall, within ten days after the decision, in per- Notice of. son or by attorney or agent, serve upon, or send by mail, re- gistered, to the Assessment Commissioner a written notice of his intention to appeal to a Judge of the County Court of Winnipeg, and said notice shall contain the grounds of ap- peal; (b) So Soon as the time limited for notice of appeal shall statement of have passed, the Assessment Commissioner shall forthwith º be notify a Judge of the County Court of Winnipeg as to any 99" "é". appeals; giving the name or names of the appellants and a succinct statement of the grounds of each appeal, and shall at the same time ask to have a time and place fixed for hear- ing said appeals; and, upon receiving an appointment for such purpose from the Judge, the Assessment Commissioner shall give notice to all parties concerned of the time and place so fixed for hearing such appeals, and in his notices to the parties appealed against he shall state the grounds of the appeal; and the Assessment Commissioner shall, without further notice, attend before the Judge on such appeals, with the assessment rolls, the minutes of the Court of Revision and all papers and documents bearing on the appeals; (c) The party appealing shall, with his notice of appeal. Deposit with deposit with the Assessment Commissioner, as security for º the costs of the appeal, the sum of two dollars for the first entry on the assessment roll, and one dollar for each addi- tional entry if more than one; and said payments shall be taken into account by the Judge in dealing with the costs of each appeal; - (d) The Judge shall appoint a day and place for hearing Time and the appeal, and, unless special reasons exist to prevent its se-Rºi!" lection, the place for hearing the appeal shall be at the Council Chamber in said City; 100 CAP. 77. - - WINNIPEG CHARTER. 1-2 EDW. VII Xºt (e) The Assessment Commissioner shall cause a notice * A. e g te O © Commis- to be conspicuously posted up at his office, containing the S10In Cr. names of all the appellants and parties appealed against, with a brief statement of the ground or cause of appeal in each case, together with the time and place at which a Court will be held to hear such appeals; Prºceedings (f) At the Court so holden the Judge shall hear the appeal, on hearing. o e ** . e and he may adjourn the hearing from time to time and defer the judgment thereon at his pleasure, so that a return can be made to the Assessment Commissioner before the fifteenth day of August; Witnesses. (g) At such appeal witnesses may be produced by any parties interested, and the Judge shall hear them. (Sec. 79, Assessment Act.) - Judge's report 352. After the Judge has heard and determined all the and proceed- º º ings thereon, appeals taken before him, he shall make his report to the Assessment Commissioner, who shall forthwith make the changes ordered to be made in the assessment roll and sign the same, and attach a copy of the report to the roll, and file the original report for inspection of any ratepayer free of charge; but where no changes are made the Judge shall so certify by his report, and a copy of the same shall be at- tached to the roll by the Assessment Commissioner. (Sec. 81, Assessment Act.) Judge's fees. 353. The Judge shall be entitled to receive from the Treasurer, upon making his return to the Assessment Com- missioner, the sum of five dollars per day for his attendance at such Court, while the same is actually sitting, for which payment the certificate of the Judge shall be sufficient war- rant. (Sec. 82, Assessment Act.) - CoMING INTO Forc]... O F AssissMENT ROLL. When roll 354. The assessment roll or rolls shall be held to be deemed finally e d revised. finally I'GV 1S6 (1 : §§ts (a) On the day of the report of the Court of Revision to 㺠the Council, if no complaint has been made and no changes CIla, Il 9 C.S. º - - - g have been made in the roll or rolls by the Court of Revision; Ol"— Whore thero (b) If there has been any complaint or change made, at is complaint e º º º §§ºnd the expiration of the time given to take an appeal to the ** County Court Judge from any change made or decision ren- dered by the Court of Revision, in case of no appeal being taken during that time; or— - 1902 WINNIPEG CHARTER. CAP. 77. 101 (c) On the day on which the Assessment Commissioner In case of made the changes and signed the roll or rolls on the report of appeal. the Judge, if there has been any appeal. (Sec. 83, Assess- ment Act.) 355. The said roll or rolls so finally revised shall be Revised roll to taken and held as the assessment rolls of the municipality for be in force. all purposes until a new roll shall have been made. (Sec. 84, Assessment Act.) IPREPARATION OF TAx Roll. 356. Upon and forthwith after the said final revision of Tax rolls. the assessment rolls and the passing of the by-law levying the rate, the Assessment Commissioner shall make out a general tax roll, in which he shall enter all the land and tax- General. able property in the City comprised in the general assess- ment roll, and whether the owner of such property is “resi- dent ’’ or “non-resident.” Said Assessment Commissioner shall also prepare a Business Tax roll, in which he shall en- Business tax. ter the names of persons, firms or corporations liable to busi- ness tax in said City. The said tax rolls shall contain Contents of º * gº o & rolls. columns for all the information required by this Act, or otherwise by law, to be entered therein, and in the said rolls shall also be set down the amount of each rate in separate columns headed respectively with the name or object of each such rate, such as “city rate,” or “school rate,” or otherwise, as the case may require; and also the names in full and oc- cupation of every person entered by name in the assessment roll, or the word “non-resident ’’ if the property assessed be so entered in the assessment roll, the names of the occupant or tenant, and occupation as shown by the assessment roll, the description of the property assessed, the assessed value of such property as ascertained by the assessment roll and the rates levied for every purpose; and also, opposite the said assessed property or names or word “non-resident,” 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 or property on the assessment of that year for all the purposes for which a levy is required to be made in the City; and every rate, the proceeds of which are required by law or by the by-law imposing it to be kept distinct and accounted for separately, shall be so entered and calculated separately. 357. The Tax Collector’s roll for business tax shall in all º respects be a separate roll from the general tax roll. Separate roll. Provided, however, that it shall not be necessary in mak-Tenants y 5 . tº names need ing out the said general tax roll to enter therein or copy from not be entered 102 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII in tax rolls unless tenant taxed. Minimum tax on any parcel of land. Column for 8, TI’Call'S. the general assessment roll the names of tenants of or on the assessed property, unless such tenant has for himself or her- self been assessed for business tax. (Sec. 110; Assessment Act, as amended by Sec. 4, Cap. 35, 1900, and Sec. 11, Cap. 35, 1900.) 358. Where the assessable value of any parcel or parcels of land according to the assessment roll is so small that the rate imposed will not subject such parcel or parcels of land to the payment of as high a tax as the sum of twenty-five cents, each and every of such parcel or parcels of land shall be taxed the sum of twenty-five cents, and such sum shall be placed on the tax roll against such parcel or parcels of land. (Sub-sec. (a), Sec. 4, Cap. 35, 1900.) 359. The said tax rolls shall also have a column in which shall be entered any arrears of taxes due on or in respect of any land or other property or arrears of business taxes, and said arrears shall be set down opposite the name of the per- son, or opposite the word “non-resident,” for land or other property so entered in the assessment rolls as liable therefor. Annual return 360. The Assessment Commissioner shall in each year, to be made to ifepartment of within one month after the final revision of the assessment Agriculture. Appointment of collector. Searches by Collector. Collector to keep rolls. roll, under a penalty of twenty dollars in case of default, make a return to the Municipal Commissioner, on Schedules or forms furnished by the said Municipal Commissioner, of such statistics or information as the assessment roll or other records of his office afford and as such schedules or forms call for. (Sec. 297, Municipal Act.) CoLLECTOR, APPOINTMENT OF. 361. It shall be lawful for the Council to appoint by by- lay a Collector of Taxes as a permanent or temporary officer, if thought necessary and expedient, and when appointed he shall be the collector for all the taxes within the limits of the City. (Sec. 128, Assessment Act.) - 362. The Collector shall have the right to search the re- cords of any Registry Office or Land Titles Office for the purpose. of obtaining information necessary for his office, without charge. (Sec. 129, Assessment Act.) CoLLECTION OF TAxEs. 363. When the said tax rolls are completed they shall be given to and remain in the hands of the Tax Collector for collection. (Sec. 113, Assessment Act.) 1902 . - WINNIPEG CHARTER. CAP. 77. 103 364. As soon as the tax rolls are completed the Collector Notice and shall, with all due despatch and at least thirty days prior to flººd of the last day upon which discount is allowed for payment, when any discount is allowed by the Council, and in any case not later than the first day of November in each year, trans- mit by mail a notice containing a statement and demand of taxes to each person whose name appears on said roll, or to the agent of such person whose address has been transmitted to him ; and such statement and demand shall mention the time when such taxes are required to be paid, and when the reductions and penalties herein mentioned will be allowed and charged; and the said Collector shall enter the date of mailing such notice in said tax rolls opposite the name of the person taxed, and such entry shall be prima facie evi- dence of the mailing of such notice and demand, but any Omission or error in such notice or failing to mail the same within the time specified shall not invalidate any taxes lev- ied or relieve any person from the payment thereof. (Sec. 114, Assessment Act.) 365. On the back of each such notice there shall be print-Indorsement ed a brief summary of the principal provisions of “The thereon. Vital Statistics Act,” or of any amendments thereto, as re- gards the duties of the general public in reference to the registration of births, marriages and deaths, in such form as from time to time may be prepared by the Department of Agriculture and Immigration. (Sec. 115, Assessment Act.) 366. The Collector shall, if directed by resolution of the connen may Council, also give notice in a newspaper published in the lººr City, in such manner as the Council may direct, in respect given. to the time and place of payment of such taxes and such other general particulars as are contained in the notice of de- mand aforesaid. (Sec. 116, Assessment Act.) 367. The Council may by by-law make the taxes payable Taxes may be by instalments at such times as they may think proper, and lºyable fix and allow a reduction for prompt payment of taxes, ments. whether payable by instalments or otherwise. (Sec. 117, Assessment Act.) 368. Upon all taxes remaining due and unpaid on the penalties for thirty-first day of December of the year in which such taxes ºne" were levied, there shall be added, at the beginning of each month thereafter, as a penalty, an additional sum amount- ing to six-tenths of one per cent. of such taxes. This section shall apply to all taxes, including those levied by special rate, such as frontage tax for street improvement, or other- wise. (Sec. 118, Assessment Act, amendment, 1 Ed. VII.) 104 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Pºlº 369. In case a person neglects to pay his taxes for thirty Sale of goods • *- e. © for tºº.” days, after the mailing to such person or his agent of the notice required by section 364 of this Act, the City shall have the right to levy the same, with costs, by distress and sale of the goods and chattels of the person who ought to pay the same, or of any goods and chattels in his possession wherever the same may be found; or of any goods and chattels found on the premises in respect of which the taxes have been levied, although such goods and chattels may be the property and in the possession of any other occu- pant of the premises. (Sec. 120, Assessment Act.) By-law to 370. Such levy shall be made by the Collector, or such tº "other person as may be appointed for that purpose under authority of a by-law of the Council authorizing such levy, and the costs chargeable shall be those payable under “The Distress Act.” (Sec. 121, Assessment Act.) ºn of by 371. Such by-law directing such distress may be general, • without specifying names, amounts or properties, and may provide for such levy being made for all taxes in arrear in respect of the person or premises charged. (Sec. 121, AS- sessment Act.) Evidence that 372. The production of the Collector's roll showing taxes *:::: in arrear in respect of any person or property shall be prima facie evidence that such taxes are in arrears, as well as of the mailing of such notice. (Sec. 121, Assessment Act.) Notice of sale 373. Notice shall be given by poster posted up in at least # a four of the most public places of the City, when and where the sale of goods and chattels distrained is to be made, giv- ing at least eight days’ public notice of the time and place of sale and of the name of the person whose property is to be sold, if known by the Collector, or by publication of an ad- vertisement containing the above mentioned particulars in one issue of a newspaper published in the City. And at the time named in the notice, the Treasurer, or the Collector, if such there be, or his agent, shall sell at public auction the goods and chattels distrained, or so much thereof as may be Power of necessary. And in all cases when goods and chattels are seizing officer tº doors, enclosed or supposed to be enclosed by doors of houses, barns etc. or outbuildings, cupboards or other close places, whether en- closed by wall, fence, gate or otherwise, the seizing officer may open the same, or cause the same to be opened, in the presence of two witnesses, with all necessary force to effect the said opening. (Sec. 122, Assessment Act.) surplus to be 374. If the goods and chattels seized be sold for more ret ed on º à. than the whole amount of the assessment levied for and the 1902 WINNIPEG CHARTER. CAP. 77. 105 costs attending the seizure and sale, the surplus, on demand, shall be returned to the person entitled thereto; and in case said surplus shall not be demanded, it shall remain in the hands of the Treasurer, to be held for and paid over on de- mand to such person. Provided that it be so demanded surplus not within three years, after which time it shall not be recover-tºº" able from the City. (Sec. 123, Assessment Act.) ºars. 375. All goods and chattels to be sold under the authority Distrained of this Act for the payment of taxes or other dues shall be tº offered to public competition; but such goods and chattels, or ...,neer. any other description of property so publicly sold for taxes, need not be sold by a licensed auctioneer. (Sec. 124, As- sessment Act.) 376. In case the taxes or any portion thereof shall remain Levy of un- unpaid at any time after the tax roll shall have been made ** out, and after notice has been given, the Council may by resolution authorize some person to levy the unpaid taxes on said roll in the manner and with the powers provided by law for the collection of taxes. (Sec. 125, Assessment Act.) 377. In any case where right of distress against goods Distress not and chattels is given for taxes in this Act, distress shall only ” be permissive and not compulsory for the City. (Sec. 126, Assessment Act.) 378. The taxes or rates imposed or levied for any year Taxes deemed shall be considered to have been imposed and to be due on jºin and from the first day of January of the year for which such by-law. taxes or rates are levied and end with the thirty-first day of December thereof and to accrue from day to day. (Sec. 127, Assessment Act.) 379. In the event of the payment of any tax by the ten- personal ant or lessee of any real estate, unless otherwise to the ... .ºne contrary agreed upon, he shall have a right of personal ac- tº tion against the owner of the property assessed for the re- covery, with interest and costs, of the amount of such tax paid by him, which may be by him retained and deducted out of any rent or sum payable for the use and occupation of such property due or accruing due. (Sec. 130, Assessment Act.) 380. The taxes accrued on any land shall be a special lien Special lien on such land, having preference over any claim, lien, privil- “"“” ege or incumbrance of any party except the Crown, and shall not require registration to preserve it. (Sec. 131, Assess- ment Act.) 106 CAP. 77. - WINNIPEG CHARTER. 1-2 EDW. VII §eizure nºt to 381. No change of ownership or possession or seizure by defeat rights & * * . of City. sheriff or landlord or by any other party, or anything by which the same shall be in any way in the custody of the law, shall defeat such lien. w Nº Tax 382. When personal property liable to be seized for taxes tº it as hereinbefore provided is under execution or attachment under seizure, or has been seized by the sheriff or by a bailiff of a County Court, or is claimed by or in possession of any assignee for benefit of creditors, it shall be sufficient for the Tax Collector to give the sheriff, bailiff or assignee notice of the amount of taxes due, and in such case the sheriff or bail- iff or assignee shall pay the amount of the same to the Col- lector in preference and priority to any other and all other fees, charges, liens and claims whatever. (Sec. 132, Assess- ment Act.) Incidence of 383. Where any plan sub-dividing any land or any por- ;ºn tion thereof has been or may hereafter be cancelled, in whole * or in part, the land which, prior to the cancelling of the plan comprised any lot or lots, block or blocks, and the adjoining one-half of any street or streets, lane or lanes, bounding and immediately adjoining the same, shall be and is liable for and chargeable with the total amount of the arrears of taxes charged against the said lot or lots, block or blocks, so in- cluded in the area of such lands affected by such concella- tion, and the same may be sold for non-payment of taxes held by the City. (Sec. 133, Assessment Act.) * $ Payment of 384. In cases where taxes are in arrear, the year's taxes' arrears of • * * - - - e - - taxes, hºw longest in arrear shall be first paid, unless there be a bona made. fide dispute as to the taxes in any particular year. In such last mentioned case the taxes on the land for years not disputed on subdivis shall be accepted. If satisfactory proof be adduced to the jºr, Collector that any parcel of land on which taxes are due has fººtaxes been sub-divided, he may receive the proportionate amount received. of tax chargeable upon any of the subdivisions and leave the other subdivision or subdivisions chargeable with the re- mainder; and the Collector may in his books divide any piece or parcel of land which has been returned to him as in arrear for taxes into as many parts as the necessities of the case may require. (Sec. 134, Assessment Act.) Tases may be 385. Prior to the rates being struck in any year, the Col- Fººt, lector may receive on account of taxes to become due on any property, a sum equal to one-fourth or some multiple of one- fourth of the taxes for the immediately preceding year on the same property; provided that in any such case all arrears have first been paid; and arrears of taxes may be paid by instalments or amounts equal to one-third or to 1902 WINNIPEG CHARTER. CAP. 77 107 Some multiple of one-third of the amount of one year's taxes at any time. Such payment in all cases shall be taken to apply to the taxes of the year first or longest in arrear. The rate of six-tenths per cent, per month penalty shall be computed on such sum or sums as at present up to and inclusive of the first day of the month in which such portion of arrears are paid. Provided that, upon when arrears receipt by the Treasurer of the list of lands liable; in to be sold for arrears of taxes, with a warrant ..." Sale Such thereto annexed under the hand of the Mayor and the seal ºnot gº e be paid by of the City, commanding him to levy upon lands for arrears instalments. due thereon with costs, such Treasurer shall not receive any payment in respect of such arrears less in amount than the Slim set opposite to the description in such list of the land in respect of which such payment is sought to be made, to- gether with accrued penalties and costs. (Sec. 28, Cap. 34, 58 and 59 Vic, as amended by Sec. 7, Cap. 33, 61 Vic.) 386. If satisfactory proof is adduced to the Treasurer, Provision for that any parcel of land on which taxes are due has been sub- ºb. divided, he may receive the proportionate amount of tax * * chargeable upon any of the sub-divisions, and leave the other sub-division or sub-divisions chargeable with the remainder, and the Treasurer may in his books divide any piece or parcel of land which has been returned to him in arrears for taxes into as many parts as the necessities of the case may require. (Sec. 134, Assessment Act.) 387. Taxes heretofore or hereafter levied may be recov-Taxes may be ered with costs in any Court of competent jurisdiction in the sued for. Province as a debt due to the City from any person or cor- poration by whom the same are payable, in which case the production of a copy of so much of the Collector's roll as relates to the taxes payable by such person or corporation, purporting to be certified by the Assessment Commissioner as a true copy, shall be sufficient evidence of debt. (Sec. 135, Assessment Act.) 388. Any school or other taxes may be recovered and Wºy, may be levied on any real or personal property, excepting Bºy therefrom that mentioned in sub-sections (a), (b), (d) and (g) of the forty-third section of “The Executions Act.” (Sec. 136, Assessment Act.) 389. The Collector, on demand, shall furnish or give to owner - gº .., entitled to the owner of any land charged with arrears of taxes a writ- statement of ten statement of the arrears at that date, or to any person a *. certificate that the taxes have been paid in full or in part or certificate. that the lands have or have not been sold or advertised for sale for arrears of taxes, and he may charge a fee of twenty- 108 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII five cents for making out and mailing such certificate, if it does not contain more than five lots or parcels, and a further fee of ten cents for every additional ten lots or parcels. statement to Provided that, if the land has been sold for taxes and the show date of 1: 9 e ...” time for redemption of such land has not expired, the Collec- tor shall write or stamp upon such statement the words “Sold for taxes on the day of 19 , (giving the date of the sale of the land for taxes). No charge for Provided further, that no more than five dollars shall be Wººd. charged for any certificate, and no charge shall be made ficate. for a statement of arrears without certificate. Provided Fees when lots also, in cases, however, of lots not according to a plan not according tº º te to plan. of sub-division, the fees payable shall be as follows: If the statement contains one lot or parcel, 25 cents, and a further fee of 10 cents for each additional lot or parcel, and if said lands appear by such certificate to have been sold for taxes the Treasurer on demand shall furnish without further fee a statement of the amount necessary to redeem. (Sec. 137, Municipal Act, as amended by 55 and 60 Vic.) Effect. Of 390. Any such statement or certificate, when signed by .*.* the Collector or Treasurer shall, whether such statement or tº as to certificate be under the seal of the City or not, be considered to have been properly executed by and be binding upon the City as fully and effectually as if such statement had been given under the proper seal of the City. (Sec. 138, Assess- ment Act.) Limitation of 391. No action, suit or other proceeding shall be com- ight of acti e e º #...:” menced against the City for the return by the City of any §º" moneys paid to it on account of a claim, whether valid or taxes. invalid, made by the City for taxes, whether under protest or otherwise, unless such action, suit or other proceeding shall have been commenced within six months after such payment; and after the expiration of six months after the payment of such moneys, without any such action, suit or other proceeding having been commenced, the payment made to the City shall be deemed to have been a voluntary payment. (Sec. 21, Cap. 34, 1895.) SALE of LAND FOR TAXES. Sale of land 392. Whenever the whole or any portion of any tax on for taxes. any land has been due and unpaid for more than one year after the thirty-first day of December of the year in which the rate was struck, whether levied before or after the pass- ing of this Act, or part before and part after, such lands shall be liable to be sold for arrears of taxes unpaid upon the lands, up to the time of the making up of the list for List to be sale, and the costs of advertising; and the Collector shall, as prepared. 1902 * WINNIPEG CHARTER. CAP. 77. 109 often as directed by resolution of the Council, submit to the Mayor a list, in duplicate, of all or any portion of the lands within the City so liable to be sold for arrears of taxes, with the amount of arrears against each lot or lots, block or blocks, acre, part or parts of an acre, or number of acres, set opposite to the same; and the Mayor shall authenticate each of such lists by affixing thereto the seal of the City and his signature; and one of such lists shall be deposited with the Clerk, and the other shall be given to the Treasurer with a warrant thereto annexed under the hand of the Mayor and the seal of the City commanding him to levy upon the lands for the arrears due thereon, with costs. (Sec. 148, Assessment Act.) - 393. It shall not be the duty of the Treasurer to make Not necessary ge e º - to inquire if inquiry before effecting a sale of lands for arrears of taxes º to ascertain whether or not there is any distress upon the * land, nor shall he be bound to inquire into or form any opinion of the value of the land. (Sec. 149, Assessment Act.) 394. The Treasurer shall proceed to advertise and sell the Lands in list lands included in such lists, but he shall not sell any lands ºld. which have not been included in such lists. (Sec. 150, AS- sessment Act.) 395. The Treasurer shall prepare a copy of the list of Lands to be lands to be sold as authorized by this Act, and shall include * therein, in a separate column, a statement of the propor- tion of costs chargeable on each parcel for advertising, and shall cause such list to be published in one issue of The Manitoba Gazette and one issue of a newspaper published in the City of Winnipeg. Such advertisement must be pub- lished in The Manitoba Gazette and such newspaper not more than sixty days and not less than thirty days preceding the day of sale. The charge for advertising either in The Mani- cost of adver. toba Gazette or in the newspaper shall not exceed twenty- * five cents per parcel. (Sec. 151, Assessment Act.) 396. The advertisement shall contain a notification that, Time and unless the arrears of taxes and costs be sooner paid, the ... in . Treasurer will proceed to sell the lands for taxes at the time ºtise. and place named in the advertisement. (Sec. 152, Assess- ment Act.) 397. Every such notice shall specify the place, day and contents and hour at which such sale will commence, and each lot or parcel “” of * of land, number of lots, block or blocks, acre, part or parts of an acre or number of acres, as the case may be, which shall be designated therein by a reasonable description or by stating the number of the registered instrument from which 110 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Place of sale. Sale of Crown lands. Omission to include lands in list not to prevent their future sale. If land sold in error, Treasurer, on resolution of Concil, may redeem. Effect of Such redemption. Lots assessed together. Adjournment for want of bidders. a description can be adduced or obtained, and the using of abbreviations for such description shall be sufficient if the lot or parcel of land can be distinguished thereby. (Sec. 153, Assessment Act.) 398. The sale shall take place at such place as the Coun- cil shall by resolution or by-law appoint or, in the absence of Such appointment, at such public place in the City as may be chosen by the Treasurer. (Sec. 154, Assessment Act.) 399. When the title to any land sold for arrears of taxes is vested in the Crown, the deed therefor, in whatever form given, shall be held to convey only such interest as the Crown may have given or parted with, or may be willing to recognize or admit that any person or persons possesses or possess under any color or right whatever. (Sec. 155, AS- sessment Act.) 400. Omission to include in such list any land liable for sale shall not be held to prevent the sale of the said land on any future occasion for all arrears of taxes that may be due thereon. (Sec. 156, Assessment Act.) w 401. In all cases when it appears to the Council that through any error, mistake or misdescription, or any other cause, any lands have been improperly sold for taxes, the Treasurer shall, on resolution of the Council, redeem the same. And such redemption by the Treasurer shall have the effect of restoring the said lands, including their liability to taxes to the position in which the same stood before being placed on the list for sale. This section shall be retroactive and apply to any case proceeding in any I,and Titles Office or Court. (Sec. 157, Assessment Act, and Sec. 6, Cap. 35, 1900.) - 402. When two or more lots or parcels of land have been assessed together, the same may be advertised and sold to- gether; but the owner of any such lot or parcel may redeem the same within the time hereinafter provided, upon pay- ment of a proportionate part of the taxes and charges for which the said lots or parcels were sold, together with a proportionate part of the interest or penalty required to be paid on the redemption of same. (Sec. 158, Assessment Act.) 403. If at any time appointed for the sale of the lands no bidders appear, or the bidding in the judgment of the Treasurer be not satisfactory, or the sale cannot be finished during the day fixed for the sale, or for any reason whatever, 1902 WINNIPEG CHARTER. CAP. 77. 111 the Treasurer may adjourn the sale, from time to time, from the date fixed for the sale or from the date of the last adjournment. (Sec. 159, Assessment Act.) 404. At the place, day and hour appointed for the sale of sale to the the lands, and if the arrears of taxes and costs have not been #: previously paid or collected, the Treasurer shall offer the lands for sale by public auction, and in doing so he shall make and declare the amount stated in the list or advertise- Iment as the arrears of taxes due, together with the costs, and shall then sell the same to the highest bidder or to such per- son as shall be willing to take it, there being no higher bid- der, but subject to redemption as hereinafter provided for; and the amount of arrears of taxes stated in the advertise- ment shall in all cases be held to be the correct amount due. (Sec. 160, Assessment Act.) 405. The Treasurer may offer the said land for sale in §§§ & 4 vºl & * . . * ſº º SOICl lll Dal'CCIS. different lots or parcels, and in any case in which land liable p to be sold for taxes has been sub-divided so that different How lands * ‘e } te f differ gº •e ; -- ~ may be sold persons are the owners of different portions or a single lot ºdiº. or parcel, the Treasurer may offer the said lands for sale in º.º.s accordance with the divisions of the same which represent; the same the actual ownership, so that the land of each separate owner shall be separately offered for sale; and when a single lot or parcel of land is owned by different parties and Lots owned in te - • ‘ Separate parts. assessed in separate parts or portions, each such separate part or portion may be sold for the taxes in arrear thereon respectively. (Secs. 161 and 162, Assessment Act.) 406. If the land, when put up for sale, will not sell for sales for less the full amount of arrears of taxes and costs, the said Treas-ºaue. urer may then and there sell for any sum he can realize, and shall, in such case, accept such sum as full payment of such arrears of taxes and costs; but the owner of any land so sold shall not be at liberty to redeem the same except upon pay- ment to the Treasurer of the full amount of arrears of taxes and costs, together with the additional penalties for redemp- tion, and in the event of redemption as aforesaid the pur- chaser shall be entitled to receive from the Treasurer the amount of his purchase money with the additional penalties thereon and on the taxes paid by the person redeeming, as provided in section 424 of this Act. (Sec. 163, Assess- ment Act.) 407. The City may, at such sale, bid up to the amount City may due thereon for arrears of taxes and costs, and may become ºr the purchaser thereof or of any number of lots advertised for sale, through the Mayor or any member of the Council duly authorized by the Council so to bid; and in case such bids be 112 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII accepted and the City declared the purchaser, it shall not be necessary for any payment of the purchase money to be made, and in such case a certificate of sale shall be issued to the City by the Treasurer, and, so far as may be, the provis- ions of this Act with reference to redemption shall apply to gºt such sales. The City may at any time sell and transfer such O DG SO OT tº * g e !... º. certificates, but in no case shall a certificate be sold for less WaS DOught lin Łºś " than the land was bought in for by the City. (Sec. 164, Assessment Act.) Hºnºurs. 408. Until the time for redemption as herein provided chased by City e tº continue shall have elapsed, the land so purchased by the City shall liable to gº e g º g & assessment, continue liable to assessment and taxation in the name of the §º" former owner as if the same had not been so purchased. OWI). CI’. (Sec. 165, Assessment Act.) - City may lease 409. The City may also, after lands so purchased by it at or sell lands tº tº purchased by a sale for taxes have become vested in it, lease the same or "*** sell and convey them by deed under the seal of the City signed by the Clerk and the Mayor, or by such other persons as may be authorized by the Council so to sign; and the pro- ceeds shall form part of its municipal funds, and the City shall not be compelled to account to the former owner of the land for any sum thus realized. None of the provis- Lands to be ions of this Act as to the selling of lands by the City shall § * apply to lands so acquired, but all such lands before being auction. sold by the City shall be offered for sale in parcels by public auction, of which sale three weeks’ notice shall be given in some newspaper published in the City, and if, at such sale, a sufficient sum is not bid for each parcel of land so offered for sale to cover the amount claiméd to be due to the City Private sale thereon, the City may then effect a private sale of such *...* by land, either in bulk or in parcels, for the best price obtain- able, and either in the case of public or private sale the land may be sold on such terms as to the Council may seem proper. (Amendment by Sec. 1, Cap. 26, 1899.) City may 410. The City may exchange any of its lands so pur- išight chased as aforesaid for other lands within the City. (Sec. at tax Sale. 8, Cap. 35, 1900.) Payment of . 411. If on a sale for arrears of taxes the land is sold for purchase as h h f y d l money of a greater sum than the arrears of taxes and costs, the pur- º" chaser shall only be required to pay at the time of sale the amount of said arrears and costs, and the balance of the purchase money shall, in case such land is not redeemed from such tax sale, be paid within one year after the expira- tion of two years from the day of such tax sale to the Treasurer. If the balance of purchase money is not so paid by the purchaser or his assigns within the 1902 WINNIPEG CHARTER. CAP. 77. 113 time above prescribed, he and they shall forfeit all claim to said lands and to a certificate of title therefor, and to the sum paid at the time of sale, or subsequently for taxes, costs or otherwise, and the said land shall cease to be affected as if it had been duly redeemed. (Sec. 11, 60 Vic., Cap. 21, 1897.) 412 All moneys received by the Treasurer under Tax sales the last preceding section shall be kept in a separate ac- Fund. count, known as “Tax Sales Fund,” and shall be dealt with in the manner hereinafter provided. * * 413. If the purchaser of any parcel of land fails to pay Resale on non- to the Treasurer immediately, on account of said purchase, ... * the amount claimed for arrears of taxes and costs, or such money. lesser sum as he may have purchased for, the Treasurer may forthwith again put up the property for sale. (Sec. 169, Assessment Act.) * 414. The Treasurer, after selling any land for taxes, Tax sale sh |] it] ldi tº * * * .. • {{ Certificate to shall, without any additional charge, give a certificate under . his hand and the seal of the City in the following form :— I hereby certify that, under the provisions of “The Win- nipeg Charter,” I have this day sold for arrears of taxes and costs, to A. B., of the Of in the of , that certain piece or parcel of land and premises situate in the City of Winnipeg, Province of Manitoba, and being composed of (describe the land), for the price or sum of dollars. Dated this day of A.D. 19 (This must be the actual date of sale.) e e º ºs e e º e º ºs e º ºs e º e º e º & [I.S.] Treasurer of the City of Winnipeg. Provided that, in case the Treasurer by whom any such in case of g º © c. h, • ? sale shall have been made shall die or resign, or vacate his º' " office without having signed such certificates or any of them, śama the Treasurer for the time being may give a certificate under #ºis. his hand and the seal of the City, certifying that the lands were sold and when and to whom, and at what price. Such certificate shall be as valid and effectual for the purposes of this Act, as though made in the form above given. (Sec. 18, Cap. 34, 58 and 59 Vie., 1895.) 415. In case the lands have been sold for more than the Certificate e e Where lands amount of taxes as advertised, the above certificate shall be jº. modified by leaving out all after the description of the lands "**** 114 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII and before the dating clause, and inserting instead thereof the following:— For the price or sum of dollars, of which the sum of t dollars, being the amount of arrears of taxes and costs for which the same were sold, 'has been received, and the balance shall be paid to the Treasurer before the expiration of three years from the date of this sale. In case such balance be not paid within the time required, all claims to said lands and to the money already paid shall be forfeited by the holder hereof. (Sec. 7 of Cap. 16, 59 Vic., as amended by Sec. 10 of Cap. 21, 60 Vic.) , - Assignment of certificate. Execution of assignment. Effect of assignment. Powers of tax purchaser to protect lands until redeemed. Statements to be signed by purchaser. 416. Any such certificate provided for by the two last preceding sections may be assigned by indorsement on the back thereof or on a paper attached thereto, in the follow- ing form or to the like effect:- I hereby assign and transfer this certificate (or the at- tached certificate or certificates) to 417. Said assignment shall be signed by the person in whose favor the certificate is issued, or by any subsequent assignee. The production of any certificate so transferred shall entitle the assignee to all the rights of the original holder both as to land and to the redemption money, as the case may be; and for the purposes of this Act such assignee shall be considered the purchaser of the lands described in such certificate at the sale to which it refers. (Sec. 172, Assessment Act.) 418. The purchaser (including the City purchasing) shall, on receipt of the Treasurer’s certificate of sale, become cntitled, by action or otherwise, to protect the lands men- tioned in said certificate from spoliation or waste until the expiration of the term during which the land may be re- deemed; but he shall not have any right to the possession of said land, or to cut hay or timber growing upon the land, or in any way to injure the land; and the purchaser shall not be liable for damage done, without his knowledge, to the property during the time the certificate is in force, and shall have the right to pay taxes upon said lands, and to be re- imbursed therefor as hereinafter provided. (Sec. 173, AS- sessment Act.) º 419. Every such purchaser, at the time of the sale, and before he is given the certificate of sale, may be obliged to sign a statement setting out his full name, occupation and post office address, and such statement shall be preserved by 1902 WINNIPEG CHARTER. CAP. 77. 115 the Treasurer with the other books, documents and papers connected with such sale. (Sec. 174, Assessment Act.) 420. The Treasurer shall, within one month after a sale º!o be Ima,CIe by of land for taxes has been held by the City, return to the Dis-ºer of trict Registrar a statement certified under his hand showing lºsold for all lands which were sold at that sale. (Sec. 141, Assessment Act; Sec. 5, Cap. 24, 59 Vic.., 1896.) 421. The District Registrar may provide a form for the District use of the Treasurer under the last preceding section, and º' may include in such form any particulars not provided for ** by said section, which form the Treasurer shall be bound to fill up and return to the District Registrar within the time above mentioned. (Sec. 142, Assessment Act.) 422. The City shall be liable to the District Registrar for Hº of all losses and damages sustained either to the assurance fºr for fund or on account of incorrect certificates given by him on ºt. account of any error in any such statement, and the Treas- urer of the City shall be liable to indemnify the City for any loss incurred on account of any such error. (Sec. 146, As- sessment Act.) 423. The District Registrar shall have the right to grant pistrict 'tif b l id - - tº 4°º Registrar may certificates based upon said statements, and to charge a fee ºt. of twenty-five cents for each certificate not containing more ...:” than five lots or parcels, and a further fee of ten cents for ... " every additional ten lots or parcels, or fraction thereof. The District Registrar shall be liable in damages for any error in Hº of any such certificate. The Provincial Treasurer shall pay ſtegistrar, and º g e e º * Provincial all judgments recovered against the District Registrar on ac- Tºast ºr - ſº * * g ºf e -* such count of such liability. (Sec. 147, Assessment Act.) §ºs. REDEMPTION, ETC. 424. The owner of any land which has been or shall here- Redemption, - now and when after be sold for non-payment of arrears of taxes or costs, or ºcted. his heirs, executors, administrators or assigns, or any other person or the City on his or their behalf, but in his name onlv, may at any time within two years from the day of sale, exclusive of that day, redeem such land by paying or tendering to the Treasurer, before the hour of three o'clock in the afternoon, the amount of arrears of taxes and costs, for which the same was advertised and sold, together with, as a penalty, a sum amounting to ten per cent. Of such amount if redeemed at any time within one year after the date of sale, and, if not so redeemed within one year, them with the addition, as a further penalty, of a further sum amounting to ten per cent. of such amount for which 116 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Acquiring title to land not over $50 in value. Time short- ened. Notice dispensed with. Certificate of redemption. Form. said lands were so sold as aforesaid. In case the tax sale purchaser has paid any taxes accrued subsequent to the taxes for which such land was sold, the party redeeming such land shall also pay to the Treasurer, if redeemed within the first year after the sale, the amount of such subsequent taxes so paid as aforesaid by the tax purchaser and as a penalty an additional sum amounting to ten per cent. thereon. If such land be not redeemed within the first year after sale, then the party redeeming such land shall also pay to the Treas- urer the amount of such subsequent taxes so paid as afore- said by the tax purchaser, and, as a penalty, an additional sum amounting to twenty per cent. on all such subsequent taxes paid by the tax purchaser during the first year after the said sale, together with ten per cent. on all such subse- quent taxes paid by the tax purchaser after the first year after said sale. Such Treasurer shall also be entitled to demand, before giving a certificate of redemption, from such party so redeeming, all arrears of taxes on said lands subsequent to the taxes for which such lands were sold. (Sec. 180, Assessment Act.) - 425. When the assessed value at the time of sale of any property heretofore or hereafter sold for taxes by the City does not exceed fifty dollars the period allowed for redemp- tion in the Treasurer's office, under this Act, and after which application to the District Registrar for certificate of title may be made, shall be reduced to one year instead of two and no notice of the application for a certificate of title shall be given to any person and the certificate of title for such land may be issued to the tax purchaser or his assigns after the expiration of three months from the time of such applica- tion being received and all the provisions of sections 432 to 444 of this Act shall, subject to the provisions of this sec- tion, be applicable to the proceedings for obtaining title to such land. (Sec. 10, amendment, Assessment Act, 1 Ed. VII.) 426. The Treasurer shall give the party so redeeming a certificate of redemption under his hand and the seal of the City, which shall be evidence of the redemption and may be registered in the Land Titles Office without any affidavit of execution and may be in the following form:— I hereby certify (describing the lands), sold for taxes on the day of A.l.). 19 , were this day duly redeemed by , on behalf of , and that I have received from the said , in full of said redemption, the sum of dollars. I)ated this day of A.D. 19 - - C. D., [L.S.] Treasurer of the City of Winnipeg. 1902 - WINNIPEG CHARTER. CAP. 77. 117 Such certificate shall be made in duplicate, and one of ºtheate to them shall be kept in the office of the Treasurer. (Secs. 181 duplicate. and 182, Assessment Act.) 427. For the purpose of this Act, the day of sale shall be Date of sale. the day on which the sale was advertised to take place, with- out reference to any adjournment or adjournments; and any lot or parcel of the lands sold may be redeemed by pay- ment of a proportionate amount of the arrears of taxes, costs and penalties, if the land sold was composed of more than one lot or parcel according to any survey or plan. This sec- tion shall apply as well to redemption taking place through the District Registrar as through the Treasurer. (Sec. 183, Assessment Act; Sec. 4, Cap. 21, 60 Vic., and Sec. 19, Cap. 34, 58 and 59 Vic.) 428. From the time of payment of the full amount of Effect of redemption money as required by this Act, all rights and redemption. interests of the purchaser in the land shall cease. (Sec. 184, Assessment Act.) 429. The Treasurer or District Registrar, as the case may Notice of tº o - e redennption to be immediately after the redemption of any land, be sent to 5 y y 5 - e { } . purchaser. shall, after deducting from such redemption money the sum of twenty-five cents for each parcel of land Fee for notice. redeemed, notify the purchaser or his assignee of such re- demption by letter mailed, prepaid and registered, to him at his post office address as given in the statement signed by him at the time of the sale, if any. (Sec. 185, Assessment Act.) * 430. The Treasurer or District Registrar, as the case Redemptiºn money to be may be, shall, upon delivery to him of the certifi-paid to. cate of sale for taxes and assignment thereof, if any, º pay over such redemption money or such portion thereof as the applicant may be entitled to. (Sec. 4, Cap. 21, 57 Vic., 1894.) © 431. In all cases where sales of lands for arrears of taxes, Sales set aside. whether made before or after the passing of this Act, are set aside or declared illegal or void, the amount paid by the purchaser at the sale, and subsequently for taxes or other- wise, shall be a lien upon the land and payable by the owner to the tax purchaser or his proper representatives. (Sec. 186, Assessment Act.) Acquis ITION OF TITLE. 432. If the land be not redeemed within a period of two Procedure for obtaining years, when the assessed value at the time of sale of any title ſoiºnis sold for taxes. 118 CAP. 77. - WINNIPEG CHARTER. 1-2 EDW. VII property sold for taxes shall exceed $50, and one year when Such value shall not exceed $50, from the date of sale, the Treasurer shall forthwith, after the expiration of said two years or one year, as the case may be, as aforesaid, forward to the proper District Registrar a return certified under his hand, showing all lands which were sold at that sale and have not been redeemed, the persons to whom sold, the amount for which the lands were sold, the amount of taxes and costs for which the lands were sold, the taxes paid by the tax purchaser since the sale and prior to the ex- piration of said two years or one year, and such other infor- mation as the District Registrar may require. .*.*.* 433. No tax deed or vesting certificate shall be issued by the City or the officers thereof, but title to land by virtue of a tax sale may be procured only in the manner hereinafter provided. - - º, 434. Any tax purchaser desiring to secure title to land # operty Act.” purchased at a tax sale may make application therefor to the District Registrar at any time within two years after the date of the expiration of two years or one year, as the case may be, as aforesaid, from the day of sale, and such application shall in all respects be deemed to be, and shall be dealt with by the District Registrar as, an application to bring land under “The Real Property Act,” or for a trans- Fº mission under said Act, as the case may be; if the tax pur- ... º.º. chaser fails to make his application within two years as afore- said he shall forfeit all claim as tax purchaser to said land or to such part thereof as may not be applied for, as well as to the amount paid thereon at the time of sale, or for subse- quent taxes, and said land, or such part thereof as aforesaid, shall thereupon cease to be affected by said sale as if it had been duly redeemed. Rºon 435. Any person having an interest in any parcel of land Y TOPD) GI’ g * e & º'" included in the return referred to in section 431 hereof, or any person on his behalf, may at any time, before or after such annlication is made, or at any time before the issue of a certificate of title pursuant to the tax sale in question, redeem such parcel of land, or any separate parcel thereof in which he may be interested, by paying to the District Registrar the amount originally paid by the tax sale purchaser, together with a bonus of 20 per cent. thereon, and any subsequent taxes paid by him on said lands, together with a bonus of 10 per cent. thereon for each year subsequent to such Taxation of payment, and the costs which the applicant has costs. been put to in proceeding to obtain a certificate of title, in- cluding his attorney’s fees (if any), which costs and fees shall be fixed and taxed by the District Tegistrar, whose de- 1902 - WINNIPEG CHARTER. CAP. 77. 119 cision shall be final; upon such redemption taking place the District Registrar may proceed with the application and is- . Sue a certificate of title thereunder to such person as he may find entitled in the same manner as if the application had been made by the person so found entitled. 436. The District Registrar shall enter in a register a proceedings memorandum indicating the redemption of such land or par-ºl. * cel thereof, and such land or parcel shall accordingly stand redeemed from the time of such payment, and the District Registrar shall forward to the Treasurer of the City a notice stating that such land or parcel thereof has been redeemed, and the Treasurer shall thereafter upon demand repay to the Refund to tax purchaser or his assigns any moneys which have been * * paid into the tax sales fund by such tax purchaser or his assigns in connection with the sale in question. 437. The District Registrar shall deduct from the pay- Refund to ment so made to him any fees due him, and forthwith pay “*** the balance to the tax purchaser or the assignee of the tax Sale certificate upon demand, and while said moneys or any portion thereof remain in the hands of the District Registrar they shall not be subject to attachment or garnishee proceed- ings issued out of any Court in this Province, and no pay- ment over of any redemption money shall be made by the District Registrar unless and until the original certificate of surrender of purchase shall have been surrendered to the District Regis-gº” trar, provided that in case of the loss of any such certificate ficate. the redemption money mav be paid over on security being given satisfactory to the District Itegistrar. 438. After the expiration of six months, in cases of lands Issue of Certi. assessed for more than $50 at time of sale and three months tº where assessed for less than $50, from the day of service of * the last notice required to be served by or on behalf of the applicant, in cases where notice has been directed to be served, and in other cases after the expiration of six months or three months, as the case may be, from the filing of the application, if the land be not redeemed, the District Regis- trar upon being satisfied that the purchaser has paid his pur- chase money in full for the lands comprised in the applica- tion, or any parcel thereof, shall issue a certificate of title under “The Real Property Act” to the applicant for such land or parcel thereof, and such certificate of title shall in every respect have the same effect as, and be considered to be, a certificate of title issued under “The Real Property Act; ” and thereafter no person except the tax purchaser or those claiming through or under him shall be deemed to be rightly entitled to the land included in such certificate of titlo to any part thereof, or to any interest therein or lien 120 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Actions for damages in Consequence. Duties of District Registrar. District, Registrar bound to procced. Unless not liable or taxes paid. Assignment by City or tax purchaser. When City is tax purchaser. thereon, whose rights in respect thereof accrued or com- menced to accrue prior to the issue of such certificate of title, and in any action brought against a District Registrar for damages under “The Real Property Act” by any such per- son claiming to have been so rightly entitled prior to the issue of such certificate of title, and who has not been served with notice under this Act, or “The Real Property Act,” of the application for a certificate of title, it shall be incum- bent unon such person to prove that the land was improperly sold for taxes, and that such tax sale as regards such land was, or should be, declared to be void. 439. The District Registrar shall not be obliged to ascer- tain or inquire into the regularity of the tax sale proceedings or any proceedings prior to or having relation to the assess- ment of the land. 440. The return which is above provided to be furnished to the District Tegistrar by the Treasurer of the City shall be, in all cases, sufficient authority to justify the District Tegistrar in taking proceedings as above provided in this Act, and the District Registrar shall be bound in all cases to proceed as above provided unless it shall be shown to his sat- isfaction that the land in respect of which the application is made for a certificate of title was not liable to the imposition of any portion of the taxes for which the same was sold or that all such taxes had been paid. 441. At any time after the City has filed an application for title under this Act, and before a certificate of title shall have issued thereunder, the City may assign its interest as tax purchaser to any person who claims to have some sub- stantial interest in the land, and upon the filing of such as- signment with the District Registrar he shall, if in his judg- ment such assignee had some substantial interest, proceed with the application as if such assignee had been the original applicant. 442. In all cases in which the City is the tax purchaser the City may apply for a certificate of title under this Act, and may include in one application any number of parcels according to the same survey or plan. - 443. In all cases of applications by a tax purchaser for title to land sold for taxes, in which the value of the land in the application does not exceed the sum of one hundred dol- lars, the fee payable to the District Registrar on such appli- cation, including contribution to the Assurance Fund, shall Recs when lands valued at less than not exceed $2.50. 1902 . WINNIPEG CHARTER. CAP. 77. 121 444. After the expiration of two years, in the case of Payments of lands assessed at the time of sale for more than $50, and one º'" year, in the case of lands assessed for not more than $50, from the date of sale the tax purchaser may pay to the Dis- trict Registrar any arrears of taxes due on the land, upon furnishing to the District Registrar a statement of the Treasurer of the City showing the amount of such arrears, and before a certificate of title shall issue under the appli- cation of such tax purchaser, either to the tax purchaser or to the person found entitled after redemption, it shall be the duty of the District Registrar to collect all such arrears and, when collected, to forward the same to the Treasurer. (63 and 64 Vic., 1900.) MISCELLANEOUs PROVISIONs. 445. In case any lands should be sold for arrears of taxes Indemnity to when no arrears of taxes are due thereon, the owner or per-jerly * º * & gº w on-oi | y, deprived of son entitled to any equitable or beneficial interest therein, in º.º.or case the land cannot be recovered back by reason of its hav-iºn being ing been brought under the operation of “The Real Pro- bººt under perty Act,” or amendments thereto, shall be indem- Property Act." nified by the City for any loss or damage sustained by him on account of such sale of said lands; and the amount of such indemnity may be settled by agreement between the City and the person entitled thereto, or, if an agreement cannot be effected, by arbitration in a manner similar to that provided in the case of expropria- tions, except that the amount of the indemnity payable by the City shall be the amount which the arbitrators shall award, with 25 per cent. of the amount of such award added thcreto. (Sec. 192, Assessment Act.) 446. The Treasurer shall keep a separate account of all Tax Sales sums paid to him as a balance of purchase money on lands Fund. sold for more than the amount for which they were adver- tised, and shall enter in a book the amount received over the arrears of taxes and costs, a description of the land sold and the dates of sale and receipt of said balance; and the aggre- gate amounts of such balances so received shall form a dis- tinct fund to be called “Tax Sales Fund,” and the Treas- urer shall, in the month of January in each year, or at any other time, if required by resolution of the Council, furnish a statement to the Council, giving the amount of and other particulars respecting such fund; and whenever any portion of said fund shall have remained in the hands of the Treasurer for six years, without any notice of claim or order of payment having been served on him as hereinafter provided, said portion or sum so remaining unclaimed shall become forfeited, and shall thereafter be the absolute pro- 122 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Transfer to general fund. Procedure for obtaining balances in Tax Sales Fund. Apportion- ment of balances. Persons entitled to apply for balances. perty of the City, and shall forthwith thereinafter be trans- ferred to the general funds of the City, and form part there- of, and the City shall forever be discharged from any claim On account thereof. (Sec. 193, Assessment Act.) 447. Any person claiming to be entitled to any such sur- plus, or any part thereof, in the “Tax Sales Fund,” whether the sale for taxes took place under this Act or any former Act of this l’rovince, may in person or by attorney lodge with the District Registrar a petition in writing describing the land sold and setting forth the par- ticulars of the sale and the right or title by reason of which said surplus is claimed, and said petition shall be verified by a ſlidavit and supported by such evidence as the District Registrar may require; and the District Registrar may, in his discretion, require the claim- ant to serve upon any person or corporation he may deem proper, either personally or substitutionally, as and in such manner as he may direct, notice of his said application, and the District Registrar may upon such application order the surplus money applied for to be paid to the claim- ant or such other person as may be found entitled, and the order shall declare that it has been proved to the satisfaction of the District Registrar making such order that the person to whom the money is ordered to be paid is en- titled thereto, and shall further state under what right or title he has been found so entitled; or the District Registrar may, in his discretion, in any case in which he shall consider it proper so to do, order the money to be paid to the credit of the Court of Ring's T3ench, and in such case his order shall state the reason whv the order was so made, and a copy of the order shall be filed in said Court, and the money so paid into Court shall then be dealt with upon an applica- tion by summons in such manner as a Judge in Chambers may order. 448. In case it should be found that some person other than the petitioner is entitled to some portion of the money standing to the credit of any lot or lots of land the T)istrict Registrar shall have power to apportion the share or shares to which each person may be entitled in such man- nor as to him may seem just. (Sec. 194, Assessment Act, as on actod by Sec. 8, Cap. 26, 1892.) 449. It is hereby declared that the person who shall be considered to be entitled to apply to the District Registrar under the last preceding section, for any money standing in the Tax Sales Fund to the credit of any parcel of land, shall be the person who was, at the expiration of the time for re- 1902 WINNIPEG CHARTER. CAP. 77. 123 deeming said land from said tax sale, the owner of the land Or who held any incumbrance, security or lien under judg- ment or otherwise thereon or who is the assignee or legal re- presentative of such person. 450. No action, suit or proceeding shall lie against the city paying City for the recovery of any such surplus, or any portion *. to thereof, after the same has been paid by the City in pursu-ºº.” ance of such order by a District Registrar. (Sec. 195, Assessment Act; Sec. 8, Cap. 26, 1892.) 451. The same fees shall be paid upon any application Fees on such made to the District Registrar as are payable in respect of * applications in Chambers for a Judge's order in any suit or proceedings in the Court of King’s Bench, and, if the Dis- trict Registrar shall think it advisable to order the money to be paid into the Court of King’s Bench or otherwise than into the hands of any claimant or his attorney, he may in his discretion order such fees or the proper costs of the claimant or of the City or any part thereof to be taken from and paid out of the money which formed the subject of the claim ; and in all cases where a claimant shall fail to obtain an order upon the City for payment the District Registrar may order him to pay the costs of the proceedings, and such order may be made a judgment of the Court of King’s Bench by filing the same in such Court. Such District Registrar shall charge for searches in the registry office and his work five per cent. of the amount involved, when such amount does not exceed $40, and when the amount in- volved exceeds $40 he shall receive a fee of $2.00 and no more. (Sec. 196, Assessment Act.) 452. The fact of claiming any surplus held in a “Tax claim on fund Sales Fund’ to the credit of any lot sold for arrears of taxes;...ºnly shall be considered as an admission of the validity of the sale of sale. of the lot in question by the claimant, and the said claimant and all persons claiming by, through or under him shall, from and after the time of making said claim, be debarred and estopped from taking any proceeding in law or equity to question or set aside said sale, notwithstanding that said claim shall have been made within the time otherwise limited for taking any proceedings to invalidate any tax sale, and said sale shall thereafter be held to be in all respects valid and bind- ing as against the said claimant and those claiming by, through or under him as aforesaid. (Sec. 197, Assessment Act.) 453. In case of any suit or proceeding to set aside or Notice of suits question a sale for arrears of taxes being commenced, the ...” LivX Sales. 124 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Payment of Surplus. Improvements to be paid for if sale is Sct aside. Declaration of plaintiff in any such suit or proceeding shall, within ten days after the filing of any statement of claim, cause the Treasurer to be notified in writing of the fact of such suit or proceeding having been commenced, and the Treasurer in such case shall not forfeit any surplus held by him to the credit of the parcel of land in dispute, but shall hold the same subject to the order of any Judge or Court before whom said suit or proceeding shall or may be tried; and, in case the plaintiff succeed, the said Judge or Court shall order the said surplus to be paid to the defendant tax purchaser, or his proper representatives, and in case the plaintiff fail in such suit or proceeding to set aside said sale, but proves to the satisfaction of the Judge or Court that he was at the time of such sale the lawful owner of said land and the person entitled to the said surplus pur- chase money according to the true intent and meaning of this Act, then, in such case, the said Court or Judge shall order such surplus to be paid over to said plaintiff or his legal representatives upon and after payment by said plain- tiff of such of the defendant’s taxed cost of defence of said suit or proceedings as the plaintiff shall have been ordered to pay. (Sec. 198, Assessment Act.) 454. In any suit or proceeding wherein judgment is given setting aside any sale for arrears of taxes or deed given in pursuance thereof, or dispossessing any person of lands pur- chased at a sale made for arrears of taxes or costs, the per- son against whom such judgment is given shall be entitled to be paid for any permanent improvements made thereon according to their reasonable value; and such value shall be determined on such judgment, and the same shall be a lien on the land in favor of the person entitled thereto until paid. (Sec. 199, Assessment Act.) IDUTIES OF OFFICERS RESPIECTING OATIIS AND DECLARATIONS. 455. Every person elected or appointed under this Act to qualification any office requiring a qualification of property in the incum- Freehold. bent shall, before he takes the declaration of office or enters on his duties, make and subscribe a declaration to the effect following:— I, A. B., do solemnly declare that I am a natural born (or naturalized) subject of His Majesty; and have and had to my own use and benefit in my own right as owner at the time of my election (or appointment, as the case may re- quire) to the office of such an estate as does qualify me to act in the office of (naming the office) for (naming the 1902 WINNIPEG, CHARTER. CAP. 77. 125 place for which the declarant has been elected or appointed), and that such estate is (the mature of the estate to be speci- fied, as, an equitable estate of freehold, describe the land), and that such estate at the time of my election (or appoint- ment, as the case may require) was of the value of at least (specifying the value) over and above all charges, liens and incumbrances affecting the same, and which said estate is rated in my name on the last revised assessment roll of the City of Winnipeg. (Sec. 310, Municipal Act.) 456. The Mayor, and each Alderman, every returning Pºlºn y Certaln officer, deputy returning officer and poll clerk, overy clerk, treasurer, assessor, collector and constable, and every other officer appointed by the Council, shall also, before entering On the duties of his office, make and subscribe a declaration to the effect following:— I, A. B., do solemnly promise and declare that I will truly, faithfully, and impartially, to the best of my know- ledge and ability, execute the office of (insert the name of the Office) to which I have been elected (or appointed) in the City, and that I have not received and will not receive any payment or reward, or promise of such, for the execu- tion of any partiality or malversation or other undue execu- tion of the said office, and that I have not by myself or part- ner, either directly or indirectly, any interest in any contract with or on behalf of the said corporation. (Sec. 311, Muni- cipal Act.) s Officers. 457. The Mayor and Aldermen, and the subordinate offi- Before whom oath may be cers of the City, shall make the declaration of office and qualification before some Judge of the County Court, Police Magistrate, or other Justice of the Peace having jurisdic- tion in the City, or before the Clerk. (Sec. 312, Municipal Act.) 458. The Mayor, any Justice of the Peace, or other per- who may administer oaths. son authorized by “The Oaths Act” to take affidavits for use in Manitoba, or the Clerk, may administer any oath, affirmation or declaration under this Act relating to the municipal business of the City, except where otherwise speci- ally provided, and except where he is the party required to make the oath, affirmation or declaration. (Sec. 313, Muni- cipal Act.) taken. 459. The deponent, affirmant or declarant shall subscribe oaths, etc., eyery such oath, affirmation or declaration; and the person Jº t/ and within eight days deposit the same in the office of the Clerk. (Sec. 314, Municipal Act.) to be signed and deposited administering it shall duly certify and preserve the same, of record. 126 CAP. 77. - WINNIPEG CHARTER. i 1-2 EDW. VII Verification 460. The Mayor or, in his absence, the chairman of the of accounts. ’ º tº dº © g Council may administer an oath, affirmation or declaration to any person concerning any account or other matter sub- mitted to the Council. (Sec. 315, Municipal Act.) ºne, 461. Every qualified person duly elected or appointed to tº be Mayor, Alderman, Assessment Commissioner, Treasurer, declaration. Comptroller, or Collector, who has not legally resigned or disclaimed and who refuses such office, or does not, within twenty days after knowing of his election or appointment, make the declaration of office, and that of qualification where a property qualification is required, and every person auth- Orizéd to administer any such declaration, who upon reason- able demand refuses to administer the same, shall incur a penalty of twenty dollars. (Sec. 316, Municipal Act.) REMUNERATION OF MAYOR AND ALDERMEN. ty Indemnity to 462. No member of the Council shall be entitled to any "“” payment for mileage or indemnity except as provided for in the two following sections:— - Travelling 463. The Council may pay the actual travelling expenses ;” of any member of the Council duly authorized by the Coun- cil to go on a journey beyond the limits of the City on the business of the Council. (Sec. 319, Municipal Act.) Mayor and 464. The City shall pay to the Mayor the sum of twelve ºlderman hundred dollars per annum payable quarterly, and to each alderman a sum not exceeding three hundred dollars per an- num payable quarterly. (Sec. 321, Municipal Act, as amended by Acts of 1893 and 1898.) Penalty for 465. Any member of the Council accepting or voting in *...* * favor of paying any other or greater sum than is provided #º as for in this Act for the purposes therein mentioned shall be ºils disqualified from holding any municipal office or voting at a Act. municipal election in the City of Winnipeg for a term of seven years, and upon conviction before any Justice of the Peace having jurisdiction shall be liable to a fine of not less than fifty dollars and costs and not more than three hundred dollars and costs, and in default of payment to imprison- ment for not less than one month nor more than six months. (Sec. 322, Municipal Act.) SAIARIES, TENURE OF OFFICE AND SECURITY. º 60 Remuneration 466. In case the remuneration of any of the officers of of oncers the City has not been settled by Act of the Legislature, the Council by by-law shall settle the same and the Council shall iQ02 WINNIPEG CHARTER. CAP. 77. 127 therein provide for the payment of all municipal officers. (Sec. 323, Municipal Act.) 467. The Council shall not make any appointment or offices not to . º - tº be tendered office or arrangement for the discharge of the duties thereof for. by tender or to applicants at the lowest remuneration. (Sec. 324, Municipal Act.) 468. Where an attorney or solicitor is employed by the rººts of City whose remuneration is wholly or partly by salary, an-ºº or nual or otherwise, the City shall notwithstanding have the solicitor. right to recover and collect lawful costs in all suits and pro- ceedings in the same manner as if such attorney or solicitor were not receiving such salary, whether such costs are by the terms of his employment payable to such attorney or solicitor as part of his remuneration in addition to his salary or not. (Sec. 325, Municipal Act.) 469. All fees and charges for searches, certificates, copies Fees to belong of documents or other services required from or to be ren- “” dered by any Clerk, Treasurer or other official of the City, and payable under any provisions of this or any other Act to any such Clerk, Treasurer or other official under the name or title of his office or in any other manner whatsoever, shall be considered as having been received for the City, unless where it is otherwise expressed in this Act or agreed upon between the Council and such official in fixing his salary or remuneration; and all such fees and charges shall be ac- counted for and paid to the City at least once each month. (Sec. 326, Municipal Act.) - 470. All officers appointed by the Council shall, in addi- Duties and tion to the duties assigned to them in this Act, perform all ºl of other duties required of them by any other statute or by the by-laws of the Council. Any such officer and any ser- vant or employee heretofore or hereafter to be appointed may be removed or dismissed at any time by resolution of the Council, upon one month’s notice or upon payment of one month’s salary, where such officer, servant or employee is hired by the month, and upon three months' notice or payment of three months’ salary where such hiring is per- manent or by the year. Any person whose hiring is by or for a shorter period than one month, and with whom there is no agreement for and whose appointment contains no terms as to dismissal, may be dismissed upon notice or payment for a period equal to such term of hiring. For the purposes of this section the adoption by the Council of a report of com- mittee shall be equivalent to a resolution. (Sec. 327, Municipal Act.) • * 128 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII ºtes 471. The bonds or policies of guarantee of any incorpor- ated or joint stock company empowered to grant guaran- tees, bonds or policies for the integrity and faithful account- ing of public officers and other like purposes shall be accepted in all cases where by the provisions of this or any other Act, or of any by-law of such cor- poration, such officer or servant is required to give security, and all the provisions in any such Act relating to such secur- ity to be given by such officer or servant, or his sureties, shall apply to the bonds and policies of guarantee of such company as aforesaid, which may be taken instead of or in - substitution for any existing securities if the parties directed Guarantee, or authorized as aforesaid see fit. Such bonds or policies of §to guarantee and the incorporated or joint stock company grant- $º.ing the same must first be approved by the Lieutenant-Gov- gºin’ ernor-in-Council. (Sec. 328, Municipal Act.) GENERAL JURISDICTION OF THE COUNCIL. Jurisdiction of 472. The jurisdiction of the Council shall be confined to ** the City, except where authority beyond the same is express- ly given; and the powers of the Council shall be exercised by by-law when not otherwise authorized or provided for. (Sec. 329, Municipal Act.) general power 473. The Council may make regulations, not specifically ºne provided for by this Act and not contrary to law, for govern- ing the proceedings of the Council, the conduct of its mem- bers, the appointing or calling of special meetings of the Council, and generally such other regulations as the good of To repeal, the inhabitants of the City requires, and may repeal, alter alter and e & • ... "...y. and amend its by-laws, save as by this Act restricted. (Sec. laws. 330, Municipal Act.) cºn, ºn 474. The Council shall be deemed and considered as al- tinuing body, ways continuing and existing, notwithstanding any annual or other election of members composing the same; and, up- on and after the annual or other election of the members thereof and their having organized and held their first meet- ing as a Council, every Council may take up and carry on to completion all by-laws, reports and proceedings which had been begun or had been under consideration by the Council, either in the then next preceding year or subsequent or prior thereto, and it shall not be necessary to begin de movo with any by-law, proceeding, report, matter or thing entertained by the Council in such preceding year, or subsequent or prior thereto, as aforesaid. (Sec. 331, Municipal Act.) Mode of com- 475. Whenever the Council has any authority to direct, pelling per by by-law or otherwise, that any matter or thing shall be 1902 WINNIPEG CHARTER. CAP. 77. 129 done by any person or corporation, such Council may also, formance of by the same or another by-law, direct that in default of its #; by being done by the person such matter or thing shall be done ...” at the expense of the person in default, and may recover the expense thereof with costs by action or distress; and, in case of lion-payment thereof, the same shall be recovered in like manner as municipal taxes. (Sec. 332, Municipal Act.) 476. In all cases where, under the provisions of this Act Traders or any other Act, the Council, or the Board of Commission-" * Grs of Police, or either of them, is or are authorized to pass by-laws for licensing any trade, calling, business or profes- Sion, or the person carrying on or engaged in any such trade, calling, business or profession, the Council and the Board of Commissioners of Police respectively shall have the power to pass by-laws for fixing the sum to be paid for such licenses for exercising any such trade, calling, business or profession in the municipality, and enforcing the pay- ment of the license fee and determining the time the license shall be in force. (Sec. 333, Municipal Act.) 477. Wherever in this Act the Council is authorized to License fee license any person, trade or occupation, the license fee may º include not only a fee for the certificate or license, but also a * * fee or fees for each of the animals, articles or appliances which the licensee is authorized to keep, use or employ, that is to say, horses, cabs, carriages, drays, omnibusses, water carts, or other vehicles, billiard tables, or other articles. (Sec. 5, Cap. 20, 60 Vic.) 478. The Council shall not have the power to give any Granting person an exclusive right of exercising, within the City, any; trade or calling, or to impose a special tax on any person ex- ercising the same, or to require a license to be taken for exer- cising the same, unless authorized or required by statute so to do; but the Council may direct a fee, not exceeding one dol- lar, to be paid to the proper officer, for a certificate of com- pliance with any regulations in regard to any trade or call- re ing. (Sec. 334, Municipal Act.) BY-LAWS. AUTIIENTIFICATION. 479. Every by-law shall be under the seal of the City, How by-laws and shall be signed by the Mayor or acting Mayor, or by the ...” 130 CAP. 77. Winnipeg CHARTER, 1-2 Eow. VII. person presiding at the meeting at which the by-law has been passed, and by the Clerk or acting Clerk. (Sec. 336, Muni- cipal Act.) $º. 480. A copy of any by-law, written or printed, and un- ºte. der the seal of the City, and certified by the Clerk or acting Clelk to be a true copy, shall be deemed authentic and be re- ceived as prima facie evidence in any Court of justice, with- out proof of the Scal or signature, unless it be specially plead- ed or alleged that the seal or the signature has been forged. (Sec. 337, Municipal Act.) - #º. 481. Printed documents purporting to be printed copies †iº of any or all by-laws passed by the Council, and purporting to Council prima, & g g e jãºviáence be printed by authority thereof, shall be admitted as prima facie evidence in all Courts in this Province of such by-laws and of the due passing thereof. (Sec. 338, Municipal Act.) By-laws 482. The facts required by this Act to be recited in any ºf by-law, which requires the approval of the Lieutenant-Gov- #..." ermor-in-Council, shall, before receiving such approval, be verified by statutory declaration of the Mayor and Clerk, or by such other person and on such other evidence as to the Lieutenant-Governor-in-Council satisfactorily proves the facts so recited, or, in case of the death or absence of any such officer, upon the statutory declaration of any other member of the Council whose declaration the Lieutenant- Governor-in-Council may accept. (Sec. 339, Municipal Act.) §§§3. 483. The sections numbered from three hundred and § o'cººliº, eighteen to three hundred and twenty-six, both inclusive, of ºf for Chapter fifty-two of the Acts of the Legislature of Manitoba P*P* passed in the forty-ninth year of Her late Majesty’s reign shall, notwithstanding anything in this Act or in the Act chaptered fifty-one of the Acts passed in the fifty-third year º of Her late Majesty’s reign, and notwithstanding the repeal of either of the said Acts, continue in force so far as they affect by-laws passed before the first day of June in the year one thousand eight hundred and ninety; and, notwithstand- ing the repeal of those Acts or anything in this Act, deben- tures may be issued in pursuance of any such by-law so passed. (Sec. 340, Municipal Act.) OBJECTIONS BY RATEPAYERs. opposition to 484. In case a person rated on the assessment roll of the by-laws. City objects to the passing of a by-law, the passing of which is to be preceded by the application of a certain number of 1902 WINNIPEG CHARTER. - CAP. 77. 131 the rateable inhabitants of such City, he shall, on petitioning How to be the Council, be at liberty to attend in person, or by counsel “ or Solicitor, before the Council at the time at which the by- law is intended to be considered, or before a committee of the Council appointed to hear evidence thereon, and may pro- duce evidence that the necessary notice of the application for the by-law was not given, or that any of the signatures to the application are not genuine, or were obtained upon incorrect statements, and that the proposed by-law is contrary to the wishes of the persons whose signatures were so obtained, and that the remaining signatures do not amount to the number or represent the amount of property necessary to the pass- ing of the by-law. (Sec. 341, Municipal Act.) 485. If the Council is satisfied upon the evidence that When by-laws © e tº • shall not pass. the application for the by-law did not contain the names of a sufficient number of persons, whose names were obtained without fraud and in good faith, or who represent the re- quisite amount of property, and are desirous of having the by-law passed, or if the Council is satisfied that the notice required by law was not duly given, the Council shall not pass the by-law. (Sec. 342, Municipal Act.) REITIERENCE TO TRATEPAYERs. 486. In case a by-law requires the assent of the electors If a by-law * ires th e - e e *CCIllll’OS Ü110 of the City before the final passing thereof, the following tº proceedings shall be taken for ascertaining such assent, ex- º cept in cases otherwise provided for:— same. (a) The Council shall, by by-law, fix the day and hour Time and . for taking the votes of the electors, and such places in the ſº City as the Council shall, in their discretion, deem best for ** the purpose, and, where the votes are to be taken at more than one place, shall name a deputy returning officer to take the votes at every such place; and the day so fixed for taking the votes shall not be less than three nor more than five weeks after the first publication of the proposed by-law. (b) The Council shall, before the final passing of the pro- Publication of posed by-law, publish in some public newspaper published by-law. within the City, in at least one number of such paper each week for three successive weeks, and post up in four or more of the most public places in the City a notice signed by the Clerk, setting forth concisely the objects of the by-law, and naming the hour, day and place or places fixed for tak- ing the vote of the electors for or against said by-law. (Sec. 343, Municipal Act.) 487. Forthwith after the day has been fixed as aforesaid Fº for taking the votes of electors with respect to the by-law, the “” 132 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Form of. Council to fix a day for the appointment of persons to attend at polling places and for sum- ming up votes. Selection of agent.S. Agents to make declara- tion. Form of declaration by agent. Clerk shall cause to be printed, at the expense of the City, such number of ballot papers as will be sufficient for the pur- poses of the voting. (Sec. 344, Municipal Act.) 488. The ballot papers shall be according to the follow- ing form:— FOR a The By-law. AGAINST The By-law. § * & . *-i-º-º-º-º-e (Sec. 345, Municipal Act.) 489. The Council shall, by by-law, fix a time when and a place where the Clerk shall sum up the number of votes given for and against the by-law, and a time and place for the appointment of persons to attend at the various polling places and at the final summing up of the votes by the Clerk respectively, on behalf of the persons interested in and promoting or opposing the passage of the by-law re- spectively. (Sec. 346, Municipal Act.) 490. At the time and place named, the Mayor may ap- point, in writing signed by him, two persons to attend at the final Summing up of the votes, and one person to attend at each polling sub-division on behalf of the persons interested in and desirous of promoting the passing of the by-law, and a like number on behalf of the persons interested in and desirous of opposing the passing of the by-law. (Sec. 347, Municipal Act.) 491. Before any person is so appointed he shall make and subscribe, before the Mayor or Clerk, a declaration that he is interested in, and desirous of, promoting or opposing (as the case may be) the passing of the by-law, which declar- ation shall be in the following form or to the like effect:- I, the undersigned, A. B., solemnly declare that I am a ratepayer of the City of Winnipeg, and that I am desirous 1902 WINNIPEG CHARTER. CAP. 77. 133 of promoting (or opposing, as the case may be) the passing of the by-law (here insert object of the by-law), submitted to the Council of said City. (Signature.) A. B. Made and declared before me this day Of , A.D. 19 C. D., Mayor. (Sec. 348, Municipal Act.) 492. Every person so appointed, before being admitted Admission of to the polling place or the summing up of the votes, as the #iºlace, case may be, shall produce to the deputy returning officer, * Mayor or Clerk, as the case may be, his written appoint- ment. (Sec. 349, Municipal Act.) 493. In the absence of any person authorized as afore-Appointment said to attend at a polling place, or at the final summing upº " of the votes, any elector in the same interest as the person so absent may, upon making and subscribing before the deputy returning officer at the polling place, or the Clerk of the City, a declaration similar in form to the declaration set forth in section 491 of this Act, be admitted to the polling place to act for the person so absent. (Sec. 350, Municipal Act.) 494. During the time appointed for polling no person Exclusion shall be entitled or permitted to be present in any polling ºpollins place other than the officers, clerks and persons or electors authorized to attend as aforesaid at the polling place. (Sec. 351, Municipal Act.) 495. The Clerk, on the request of any elector to vote at Deputy & tº returning one of the polling places, who has been appointed deputy re- officers, foll turning officer, agent or poll clerk, or who has been named as:"..., CMºº ; , , o, t * vote at polling the person to attend at a polling place other than the One places where where he is entitled to vote, shall give to such elector a certifi- §§d cate that such deputy returning officer, poll clerk or person is J - vs • entitled to vote for or against the by-law at the polling place where such elector is stationed during the polling day, and the certificate shall also state the property or other qualifica- tion in respect to which he is entitled to vote. (Sec. 352, Municipal Act.) 496. On the production of the certificate, the deputy re- on certificate turning officer, poll clerk or person shall have the right to "" the clerk. vote at the place where he is stationed during the polling day instead of at the polling sub-division where he would other- 134 7 CAP. 7. WINNIPEG CHARTER. 1-2 EDW. VII Who to administer oaths in such C8,SCS. List O f electors. Voting to be by ballot. Form of directions for guidance of VOters. wise have been entitled to vote; and the deputy returning officer shall attach the certificate to the list of electors; but no such certificate shall entitle such elector to vote at such polling place unless he has been actually engaged as deputy returning officer, poll clerk or person during the day of poll- ing. (Sec. 353, Municipal Act.) . 497. In case of a deputy returning officer voting at the polling place at which he is appointed to act, the poll clerk, or, in the absence of the poll clerk, any one authorized to be present at the polling place, may administer to the deputy returning officer the oath required to be taken by voters qual- ified to vote on the by-law. (Sec. 354, Municipal Act.) 498. The Assessment Commissioner shall, before the poll is opened, prepare and deliver to the Clerk, who shall deliver to the deputy returning officer for every polling sub-division, a list of electors containing the names, arranged alphabeti- cally, of all persons on the last revised list of electors appear- ing by the revised assessment roll upon which said list of electors was based to be entitled, under the provisions of section 504 of this Act, to vote in that polling sub-division, and such Assessment Commissioner shall attest the said list in writing under his hand. (Sec. 355, Municipal Act.) POLLING. 499. At the day and hour fixed as aforesaid, a poll shall be held, and the vote shall be taken by ballot. (Sec. 357, Municipal Act.) 500. The printed directions to be delivered to the deputy returning officers shall be in the form following, that is to Say:— IDIRECTIONS FOR THE GUIDANCE OF WOTERS IN WOTING. The voter will go into one of the compartments, and with the pencil provided in the compartment, place a cross (thus X) on the right hand side, in the upper space, if he votes for the passing of the by-law, and in the lower space if he votes against the passing of the by-law. - * The voter will then fold up the ballot paper so as to show the name or initials of the deputy returning officer (or re- turning officer, as the case may be) signed on the back, and leaving the compartment will, without showing the front of the paper to any person, deliver such ballot so folded to the deputy returning officer (or returning officer, as the case may be) and forthwith quit the polling place. 1902 WINNIPEG CHARTER. CAP. 77. 135 If the voter inadvertently spoils a ballot paper, he may return it to the deputy returning officer (or returning officer, as the case may be), who will, if satisfied of such inadvert- ence, give him.another ballot paper. If the voter places on the paper more than one mark, or places any mark on the paper by which he may be after- wards identified, his ballot paper will be void, and will not be counted. If the voter takes a ballot paper out of the polling place, or deposits in the ballot box any other paper than the one given to him by the deputy returning officer (or returning officer, as the case may be), he will be subject to imprison- ment for any term not exceeding six months, with or without hard labor. (In the following form of Ballot Paper, given for illus- tration, the elector has marked his ballot paper in favor of the passing of the by-law.) FOR The By-law. X s sº 3. # ‘5 AGAINST P Ö The By-law. * (Sec. 359, Municipal Act.) 501. The proceedings at the poll, and for and incidental º, a U Ulh C DO11, CUC to the same and the purposes thereof, shall be the same, as to be as at nearly as may be, as at municipal elections, and all the pro- º visions of the sections of this Act numbered from 34 to 48 inclusive, from 112 to 118 inclusive, and from 121 to 176 inclusive, so far as the same are applicable, and except so far as is herein otherwise provided, shall mutatis mutandis ap- ply to the taking of votes at the poll and to all matters inci- dental thereto. (Sec. 358, Municipal Act.) 502. There shall be two distinct sets of such ballot papers; Different sets & f ballots for one of such sets of ballot papers shall be white and the other tº of such sets of some other color. The white ballot papers *...* shall be used in voting by persons who are marked as “resi-Yº". & 136 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Duties of Assessment Commissioner as to lists of Voters on money by-law. dents’ upon the list of electors delivered to the deputy re- turning officers as hereinafter provided, and the ballot papers of the other color shall be used by persons who are marked as “non-residents” upon such list. (Sec. 358a, Municipal Act, as enacted by Sec. 4, Cap. 25, 55 Vic.., 1892.) 503. Upon requisition therefor from the City Clerk it shall be the duty of the Assessment Commissioner to pre- pare a correct list of all the persons legally qualified to vote under the next following section of this Act, and op- posite to each name upon such list such Assessment Com- missioner shall place the letters or expressions “Res.,” or “Non-Res.,” signifying that the person so named is resident or non-resident, as the case may be. The Assessment Com- missioner shall prepare such list for each polling sub-divis- ion. The Assessment Commissioner shall certify such list or lists under his hand and deliver the same three days prior to the polling day to the Clerk, who shall deliver to each deputy returning officer the list or such part of the list con- taining the names of the persons entitled to vote in the polling sub-division for which said deputy returning officer is acting. The said list when so certified shall be prima facie evidence that the persons named therein are duly qualified to vote, that the persons whose names are so marked “Res.” are resident legally qualified electors, and that the persons whose names are so marked “Non-Res.” are non- resident legally qualified electors, and said list shall be re- ceived as prima facie evidence in any Court in this Pro- vince without proof of the signature or handwriting of such Assessment Commissioner. It is hereby further pro- vided that in proceeding to ascertain whether the requisite number of resident legally qualified elec- tors have voted in favor of the by-law the AS- sessment Commissioner may, upon evidence Satisfactory to him, strike out or exclude the names of persons appearing on the list of electors who have died or otherwise ceased to be resident electors in the City prior to the day of voting, and the Assessment Commissioner shall, in ascertaining the total number of legally qualified electors resident in the City, count the name of an elector but once, excluding all repetitions of such name in the polling sub-division lists after the one list in which such name has been counted. The said Assessment Commissioner may decide as to the identity of an elector whose name appears in more than one polling sub-division list upon his own knowledge or upon a statu- tory declaration or other written evidence produced before him. He shall file and preserve all such evidences and proofs. The Assessment Commissioner shall certify under his hand, at least three days prior to the submission of any 1902 - WINNIPEG CHARTER. CAP. 77. 137 such by-law for assent by the ratepayers of the City, to the City Clerk the total number of legally qualified electors re- sident in the City (the name of each being counted but once as hereinbefore provided) to enable said Clerk to declare the result and to certify to the Council as to whether the majority of the electors voting upon a by-law have approved or disapproved of the same as provided by section 509 of this Act. (Sec. 358b, Municipal Act, as amended by I Ed. VII.) 504. Every ratepayer, male or female, shall be entitled to vote on any by-law requiring the assent of the electors, who, at the time of tender of the vote, is of the full age of twenty-one years and a natural born or naturalized subject of liis Majesty, and who has neither directly nor indirectly received, nor is in expectation of receiving, any reward or gift for the vote which he or she tenders, and who is at the time of the tender a freeholder in his or her own right, within the City, to the value of four hundred dollars, and is rated on the last revised assessment roll as such freeholder for said amount. Provided that such person be named or purports to be named in the list of electors. (Sec. 360, Municipal Act.) 505. Any ratepayer offering to vote in respect of a free- hold on 'such by-law may be required by the deputy return- ing officer, or by any ratepayer entitled to vote on such by- law, to make the following oath or affirmation, or any part thereof, or to the effect thereof, before his vote is recorded: You swear (or solemnly, sincerely and truly declare and affirm) that you are of the full age of twenty-one years, and a natural born (or naturalized) subject of Iſis Majesty. That you are a freeholder in your own right, within the City of Winnipeg; rated on the last revised assessment roll as such freeholder to the value of four hundred dollars or more ; That you have not voted before on the by-law in this election; That you have not, directly or indirectly, received any reward or gift, nor do you expect to receive any, for the vote which you tender; That you are the person named, or purporting to be named, in the list of electors; That you have not received anything, nor has anything been promised to you directly or indirectly, either to induce you to vote on this by-law, or for loss of time, travelling ex- Who may vote on by-laws. Oath of person voting on by-law. Form of. 188 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII penses, hire of team, or any other service connected there- with ; And that you have not, directly or indirectly, paid or promised anything to any person, either to induce him or her to vote, or refrain from voting. No inquiries shall be made of any voter except with re- spect to the facts specified in such oath or affirmation. (Secs. 362 and 363, Municipal Act.) ºate. 505a. The written statement to be made by every deputy l] U, UO DC e e t made by returning officer at the close of the polling shall be made deputy return- l - tº iºd ºf under the following heads:— the result of polling. (a) Name or number of polling sub-division and of the City and the date of the polling; (b) Number of votes for and against the by-law, specify- ing in each case the number of votes which were cast by re- sident electors and non-resident electors respectively; (c) Tejected ballot papers. (Sec. 364, Municipal Act; Cap. 25, 1892.) º, 506. The deputy returning officer shall take a note of any objection made by any person authorized to be present to any ballot paper found in the ballot box, and shakl decide To be any question arising out of the objection. Each objection numbered. g - to a ballot paper shall be numbered, and a corresponding number placed on the back of the ballot paper, and initialed by the deputy returning officer. (Sec. 365, Municipal Act.) Deputy 507. Every deputy returning officer, at the completion of returnin © e jºinties the counting of votes after the close of the poll, shall, in the *...* presence of the persons authorized to attend, make up into separate packets, sealed with his own seal and the seals of such persons authorized to attend as desire to affix their seals, and marked upon the outside with a short statement of the contents of such packet, the date of the day of the poll- ing, the name of the deputy returning officer, and of the polling sub-division and City:— (a) The statement of votes given for and against the by- law, and of the rejected ballot papers; (b) The used ballot papers which have not been objected to and have been counted ; (c) The ballot papers which have been objected to, but which have been counted by the deputy returning officer; (d) The rejected ballot papers; 1902 WINNIPEG CHARTER. CAP. 77. * 139 (e) The spoiled ballot papers; (f) The unused ballot papers; (g) The poll book, with the oath required by the next following Section annexed thereto; a statement of the num- ber of voters whose votes are marked by the deputy returning officer under the heads “Physical incapacity’ and “Unable to read,” with the declarations of inability; and the notes taken of objections made to ballot papers found in the ballot box. (Sec. 366, Municipal Act.) 508. Every deputy returning officer shall, at the close of certificate the poll, certify, under his signature, on the poll book, in iº"" full words, the total number of persons who have voted at ; ;a the polling place at which he has been appointed to preside, ººl and shall, before placing the poll book in its proper packet ballot box. £s aforesaid, make and subscribe before the returning officer, a Justice of the Peace or the poll clerk, his oath or affirmation that the poll book was used in the manner prescribed by law, and that the entries required by law to be made therein were correctly made; which oath or affirmation shall thereafter be annexed to the poll book, and such oath or affirmation shall be in the form following, that is to say:— OATH OF AFFIRMATION OF DEPUTY RETURNING OFFICER AFTER THE CLOSING OF THE POLL. I, C. D., the undersigned deputy returning officer for poll- Form of oath ing sub-division No. , of the City of Winnipeg, do ** solemnly swear (or, if he is a person permitted by law to affirm, do solemnly affirm) that to the best of my knowledge the annexed poll book used in, and for the said polling sub- division No. . , of the said City, was so used in the manner prescribed by law, and that the entries required by law to be made therein were correctly made. ,” (Signed) C. D., Deputy Returning Officer. Sworn (or affirmed) before me at the City of Winnipeg this e day of , A.D. 19 (Signed) X. Y., Justice of the Peace, or A. B., Returning Officer. (Sec. 367, Municinal Act.) 509. The returning officer, after he has received the ballot Returning box containing papers and the statements before mentioned "*** 140 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII. }...” of the number of votes given in each polling place, shall, at results the time and place appointed by the by-law, in the presence of the persons authorized to attend, or such of them as may be present, without openino any of the sealed packets of ballot papers, sum up from such statements the numbers respec- tively of votes for and against the by-law, and shall then and there declare the result and forthwith certify to the Council, under his hand, whether the requisite major- ity of the electors voting upon the by-law have approved of the by-law. (Sec. 368, Municipal Act.) .#, 510. Where the assent of the electors, or of the ratepay- OIT1C01. In OU, LO º e ºr e ºr e º have casting ers, or a portion of them, is necessary for the validity of a Sº by-law, the returning officer or other officer shall not be en- laws. titled to give a casting vote. (Sec. 369, Municipal Act.) SECRECY of PROCEEDINGs. Maintaining 511. Every officer, clerk or person in attendance at a poll- º ing place shall maintain and aid in maintaining the secrecy ** of the voting at the polling place. (Sec. 370, Municipal Act.) * voters not to 512. No officer, clerk or other person whatsoever shall in- §" terfere with or attempt to interfere with a voter when mark- ing his vote, or otherwise attempt to obtain, at the polling place, information as to the manner in which any voter at such polling place is about to vote or has voted. (Sec. 371, Municipal Act.) No informa- 513. No officer, clerk or other person shall communicate º, at any time, to any person, any information obtained at a ºny one polling place as to the manner in which any voter at such polling place is about to vote or has voted. (Sec. 372, Municipal Act.) secrecy to be 514. Every officer, clerk and person in attendance at the º; * counting of the votes shall maintain and aid in Inaintaining VoteS. the secrecy of the voting, and shall not communicate or at- tempt to communicate any information obtained at such counting as to the manner in which any vote is given in any particular ballot paper. (Sec. 373, Municipal Act.) voters not to 515. No person shall, directly or indirectly, induce any be induced to º © © º º *...*... voter to display his ballot paper, after he has marked the same, so as to make known to any person the manner in which he has marked his vote. (Sec. 374, Municipal Act.) Penalty for 516. Every person who acts in contravention of any, or .#g either of the five preceding sections shall be liable, on sum- sections. t 1902 - Winnipeg CHARTER. Car. 77. 141 mary conviction before a Police Magistrate, or two Justices of the Peace, to imprisonment for any term not exceeding six months, with or without hard labor. (Sec. 375, Municipal Act.) t - 517. The returning officer and every other officer, poll Declaration of ~! . . . - e * * Secrecy to be clerk or person authorized to attend a polling place, or at jºy the counting of the votes, shall, before the opening of the ; , ; poll, make a declaration of secrecy, in the presence, if he is the returning officer, of a Justice of the Peace, and if he is any other officer, or a poll clerk or an agent, in the pre- sence of a Justice of the Peace, or the Clerk of the City, or a deputy returning officer; and such declaration of secrecy shall be given in the form following or to the like effect:- I, A. B., solemnly promise and declare that, at the voting Form of. on the by-law submitted to the electors by the Council of the City of Winnipeg (and the voting on which has been ap- pointed for this day), I will not attempt in any way what- Soever unlawfully to ascertain the manner in which any elec- tor shall vote or has voted, and will not in any way whatso-, ever aid in the unlawful discovery of the same; and I will keep secret all knowledge which may come to me of the man- ner in which any elector has voted. - . . . . Made and declared before me at the City of Winnipeg, this day of , A.D. 19 C. D., Justice of the Peace (or Clerk of the City of Winnipeg.) * (Sec. 376, Municipal Act.) IRECOUNT. 518. If, within two weeks after the returning officer has Recount m declared the result of the voting, any elector applies upon pe-ºn to tition to the County Judge, after giving such notice of the ap-County Judge. plication and to such persons as the Judge directs, and shows by affidavit to the Judge reasonable grounds for entering into a recount of the ballot papers, and the petitioner makes a deposit of one hundred dollars with the Clerk of the County Court of Winnipeg, the receipt of which clerk therefor shall be conclusive evidence of such deposit, the Judge may appoint a day and place, within the City, for entering into the recount. (Sec. 377, Municipal Act.) ay 519. At least one week's notice of the day appointed for Notice of time the recount shall be given by the petitioner to such persons ** as the Judge directs, and to the returning officer. (Sec. 378, Municipal Act.) * * 142 CAP. 77. * * * * * * * * * * WINNIPEG CHARTER. 1-2 EDw. VII W. - Proceedings. 520. On the day and at the hour appointed, the Clerk shall attend before the Judge with the ballot papers in his custody, and the Judge upon inspecting the ballot papers, and hearing such evidence as he deems necessary, and on hearing the parties, or such of them as may attend, or their counsel, shall, in a summary manner, determine whether the requisite majority of the votes given is for the by-law, and shall forthwith certify the result to the Council. The Judge may take evidence as to the death or removal from the City prior to the day of voting of all persons whose names appeared on the list of electors of the City, who otherwise would have been legally qualified resident electors and en- titled to vote. He may also take evidence as to persons whose names appear on more than one list of electors for the poll- ing sub-divisions in the City, and he may exclude from the computation of the total number of legally resident qualified electors those who had died or had removed prior to the day of voting and all repetitions of names of any electors appear- ing on more than one of said polling sub-division lists. (Sec. 379, Municipal Act, as amended by Sec. 4, Cap. 32, 1900.) Powers of 521. The Judge shall, on the recount, possess the like Judge. powers and authority, as to all matters arising upon the re- count as are possessed by him upon a trial of the validity of the election of a member of the Council; and in all Costs. cases costs shall be in the discretion of the Judge, as in the case of applications to quash a by-law, or he may apportion the costs as to him seems just. (Sec. 380, Municipal Act.) WOTING ON BY-LAw BY MACHINE. City may 521 a. It shall be competent for the City, by by-law, to §n adopt, in lieu of the ballot in taking the vote of the ratepay- §º..." ers upon by-laws submitted to them, a system of voting by ratepayers, means of an invention known as and called “The Macdonald Voting Machine.” In such case the provisions of this Act relating to voting by ballot upon submis- sion of by-laws to the ratepayers shall not apply and the pro- visions following shall govern — Voting to be (a) Forthwith after the day has been fixed for taking the tº” of vote of electors, with respect to a by-law, the returning officer machine. shall cause to be procured at the expense of the City a suffi- cient number of voting machines known as “The Macdonald Voting Machine.” (b) At the day and hour fixed, as aforesaid, a poll shall be held, and the vote shall be taken by means of “The Mac- donald Voting Machine,” one section of the lid of which 1902 WINNIPEG Charter. CAP. 77. 143 shall be marked for the by-law and the other against the by-law. - (c) In the case of a poll with respect to a by-law, where a Yºº by: r in distinction is drawn between “Resident’’ and “Non-Resi-śn is dent’’ voters, the voting machine provided shall be furnished ºn with a double set of registers and corresponding appliances, ...; which sets shall be provided with suitable labels marked voters. “Resident’’ and “Non-Resident,” respectively. (d) The proceedings at the poll, and for and incidental Proceedings to to the same and the purposes thereof, shall be as nearly as *al may be the same as at municipal elections, and all the pro-* visions of this Act relating to taking votes by machine, so far as the same are applicable, and except so far as in sec- tion 521a of this Act is otherwise provided, shall mutatis Trºutandis apply to the taking of votes at the poll and to all matters incidental thereto. (e) The printed directions to be delivered to the deputy Form of returning officers shall be in the form in Schedule “J” to ºr this Act. - VOtCTS. (f) Immediately after the close of the poll in every poll-Proceedings ing place the deputy returning officer shall, in the presence” of the persons authorized to attend, unlock the box, first dropping the stop bar and locking the same down. He shall then read off and make a statement of the numbers shown on the dials, placing opposite to the word “For ’’ the number shown on the dial of the register attached to the tube placed under the opening located in the section marked “For ’’ and opposite the word “Against " the number shown on the other dial. Such statement shall then be signed by the deputy re- turning officer, the poll clerk, if any, and such of the persons present as may so desire, and enclosed in a sealed packet, to- gether with the voters’ list and such other lists and documents as may have been used at such election, marked upon the Out- side with the date of the day of polling, the name of the deputy returning officer, and the name and number of the ward or polling subdivision and the City. (g) The returning officer, after he has received the voting Returning machine containing the statements before mentioned of theº.º." number of votes given at each polling place, shall, at the time. and place annointed by the by-law, in the presence of the persons authorized to attend, or such of them as may be pre- sent, sum up from such statements the number of votes for and against the by-law respectively, and shall then and there declare the result, and forthwith certify to the Council, under his hand, whether the required majority of the electors vot- ing upon the by-law have approved or disapproved of the by-law. 144 CAP. 77. WINNIPEG Charter. 1.2 Edw. VII PASSING BY-LAws BY THE COUNCIL. §º 522. A by-law which is duly carried by the vote of the Fºy qualified electors shall, within six weeks thereafter, be final- ouncil. ly passed by the Council, but the failure to finally pass said by-law within said time shall not invalidate the same if passed at any subsequent time. The Council finally passing said by-law necd not be composed of the same members as the Council which introduced or submitted said by-law to vote. (Sec. 381, Municipal Act.) Tºing of 523. In case of a petition for a recount being presented, a by-law - stayed on the by-law shall not be passed by the Council until after the #º petition has been disposed of, and the time which intervenes between the presenting of the petition and the final disposal thereof shall not be reckoned as part of the six weeks within which the by-law is to be passed. (Sec. 382, Municipal Act.) CoNFIRMATION OF BY-LAws. Promulgation 524. Every promulgation of a by-law shall consist in the of by-laws. g e & º - tº e tº . * tº e publication in a public newspaper published within the City, in at least one number of such paper each week for three suc- cessive weeks, of a notice setting forth concisely the objects of such by-law and the following statement:— Statement in All persons are hereby required to take notice that any notice. one desirous of applying to have such by-law, or any part thereof, quashed must make his application for that purpose to a Judge of the Court of King’s Bench sitting in Cham- bers within two weeks next after the publication of this notice once a week for three successive weeks in the news- paper called the (giving name of newspaper), or he will be too late to be heard in that behalf. (Sec. 383, Municipal Act.) If not moved 525. In case no application to quash a by-law be made, §.º.º. within two weeks next after the third publication of such **Y* notice as aforesaid, the by-law, or so much thereof as is not the subject of āny such application or not quashed upon such application, and so far as the same ordains, prescribes or directs anything within the proper competence of the Council to ordain, prescribe or direct, shall, notwithstanding any want of substance or form, either in the by-law itself or in the time and manner of passing and voting upon the same, be a valid by-law. (Sec. 384, Municipal Act.) 1902 . . . WINNIPEG CHARTER. CAP. 77. 145 QUASHING BY-LAws. 526. In case a resident of the City or any other person in-Quashing of terested in a by-law, order or resolution of the Council.” thereof applies to a Judge of the Court of King's Bench sitting in Chambers, and produces to the Judge a copy of the by-law, order or resolution, certified under the hand of the Clerk and under the corporate seal, and shows by affi- davit that the same was received from the Clerk, and that the applicant is a resident or interested as aforesaid, the Judge, after at least ten days’ service on the corporation of a Summons or rule to show cause in this behalf, may quash the by-law, order or resolution, in whole or in part, for illegality, and, according to the result of the application, award costs for or against the corporation. The decision of such Judge may be appealed against to the full Court in the same man- ner as any other order made by said Judge. (Sec. 385, Municipal Act.) g 527. No application to quash a by-law, order or resolu-Time within tion, in whole or in part, shall be entertained unless the ap-X.º.º." plication be made within one year from the passing of the made. by-law, order or resolution, except in the case of a by-law re- Exception. quiring the assent of the electors or ratepayers, when the by-law has not been submitted to, or has not received the assent of, the electors or ratepayers, and in such case an ap- plication to quash the by-law may be made at any time. (Sec. 386, Municipal Act.) 527a. In case a by-law, by which a rate is imposed, has been promulgated in the manner hereinbefore specified no application to quash the by-law shall be entertained after the CXpiration of two weeks from such promulgation. (Sec. 387, Municipal Act; Sec. 6, Cap. 32, 63 and 64 Vic.) 528. Any by-law, the passage of which has been procured ºßa through, or by means of, any violation of the provisions of lºº any of the sections of this Act, shall be liable to be quash- Practices. “ ed upon an application to be made in conformity with the provisions hereinbefore contained. ( Sec. 388, Municipal Act.) 529. Before determining an application for the quashing procedure in of a by-law upon the ground that any of the provisions of ** this Act have been contravened in procuring the passing of the same, and if it is made to appear to a Judge of the Court of King's Bench that probable grounds exist for *{jäg. motion to quash the by-law, the Judge may make an order “” for an inquiry to be held, upon such notice to the parties affected as the Judge may direct, concerning the said 146 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Return Of evidence. Judgment. Costs. Stay of pro- ceedings on the by-law. City to be liable for acts done under illegal by-law. Tender of amends. grounds before the Judge of the County Court of Winnipeg, and require that upon the inquiry all witnesses, both against and in support of the by-law, be orally examined and cross- examined upon oath before such County Court. (Sec. 389, Municipal Act.) 530. The County Court Judge shall thereupon return the evidence so taken before him to the Prothonotary of the Court of King’s Bench at Winnipeg; and after the return of the evidence, and upon reading the same, a Judge of the said Court may, upon notice to such of the parties concerned as he thinks proper, proceed to hear and determine the ques- tion; and if the grounds therefor appear to him to be satis- factorily established he may make an order for quashing the by-law, and he may order the costs attending the proceedings to be paid by the parties, or any of them, who have Sup- ported the by-law; and, if it appears that the application to quash the by-law ought to be dismissed, the Judge may so order, and in his discretion award costs, to be paid by the persons who apply to quash the by-law. (Sec. 390, Municipal Act.) 531. After an order has been made by a Judge direct- ing an inquiry, and after a copy of the order has been left with the Clerk, all further proceedings upon the by-law, order or resolution shall be stayed until after the disposal of the application in respect of which the inquiry has been directed ; but if the matter is not prosecuted to the satisfac- tion of the Judge he may remove the stay of proceedings. (Sec. 391, Municipal Act.) & - 532. In case a by-law, order or resolution is illegal, in whole or in part, and in case anything has been done under it which, by reason of such illegality, gives any person a right of action, no such action shall be brought until one month has elapsed after the by-law, order or resolution has been quashed or repealed, nor until one month’s notice in writing, of the intention to bring the action, has been given to the City, and every such action shall be brought against the City alone, and not against any person acting under the by-law, order or resolution. (Sec. 392, Munici- pal Act.) 533. In case the City tenders amends to the plaintiff, either personally or to his solicitor of record, if such tender is pleaded and (if traversed) proved, and if no more than the amount tendered is recovered, the plaintiff shall have no costs, but costs shall be taxed to the defendant, and set off against the verdict, and the balance due to either party shall 1902 WINNIPEG CHARTER. CAP. 77. 147 be recovered as in ordinary cases. (Sec. 393, Municipal Act.) BY-LAws AUTHORIZING THE CREATION OF DEBTs. 534. The Council, except as in this Act is otherwise Council may provided, may authorize the Mayor, with the Treasurer tº thereof, under the seal of the City, to borrow from any per-.” P* Son or bank such sum as may be required to meet the then *P* current expenditure of the City, until such time as the taxes levied therefor can be collected, and the Council shall, by by- law, regulate the amounts to be so borrowed, and the prom- missory note or notes, covenant or agreement to be given in Security therefor; and may borrow for the purposes afore- said to an amount not exceeding the taxes levied for the pre- vious year, if at the time of such borrowing the taxes have not been levied to meet the then current expenditure, and the Council may during the period of two years succeeding that in which such moneys are borrowed pass by-laws for renew- ing such promissory notes. (Sec. 394, Municipal Act, as amended by Acts of 1895 and 1899.) - 535. The Council may pass by-laws for contracting debts By-laws for by borrowing money or otherwise, and, if necessary, for issu-š." ing debentures, and for levying rates for the payment of such debts on the rateable property in the City, for any of the purposes following: To construct or repair, or pur- chase or assist in constructing or repairing or purchas- ing, any bridge, drain, causeway, pier, wharf, water-Bridges, works system, public road or street, or other public.” work or each and every public work within the jurisdiction of the Council to perform, or city halls, fire Fire halls, halls, crematory or other buildings required for the uses of .” the City and the sites for all such halls and buildings, situate within the City, or in its vicinity, whether the same is to be undertaken and built by the City or otherwise. (Sec. 395, Municipal Act.) 536. The City shall not incur any indebtedness except ºf such as is payable within the municipal year in which it is tº lº incurred, unless for some of the purposes in the two last" preceding sections mentioned or as otherwise specially by this Act authorized. (Sec. 396, Municipal Act.) 537. Every by-law for raising upon the credit of the Fºr © º & e e I'l’OW City any money not required for its ordinary expenditure money ºust g receive assent and not payable within the same municipal year, except for jºia: a work payable entirely by local assessment and local im- ***. provements as hereinafter provided, shall, before the final passing thereof, receive the assent of the electors of the City 148 CAP. 77. WINNIPEG : CHARTER. 1-2 EDW. VII | in the manner provided for in this Act, and a by-law for said purpose shall not be considered to have received the as- sent of the said electors unless at least three-tenths in num- ber of all legally qualified resident electors who are entitled to vote, as well as two-thirds of all legally qualified electors actually voting on the by-law, have voted in favor of the by-law. (Sec. 397, Municipal Act.) By-laws for 538. The Council may, under the formalities required by Contracting fle © - º debts. law, pass by-laws for contracting debts, by borrowing money 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 as given by this Act, Form of. but no such by-law shall be valid which is not in accordance with the following restrictions and provisions, except in So far as is otherwise provided in the next following two sec- tions of this Act: — - When to take (a) The by-law shall name a day in the financial year in effect. e *A & g & which the same is passed when the by-law is to take effect; and if no day is named, shall take effect on the day of the passing thereof; Yearly rate. (b) The by-law shall settle a certain specific sum to be raised annually, for the payment of interest during the cur- remcy of the debentures; also a certain specific sum to be raised annually for the payment of the debt, such sum to be such as will be sufficient, with the estimated interest on the investments thereof, to discharge the debt when payable; Interest on (c) In settling the sum to be raised annually for the pay- investments, gº e * hoºtiči" ment of the debt, the rate of interest on investments shall not be estimated at more than five per cent. per annum, to be 3apitalized yearly; Property on (d) The by-law shall provide that such annual sum shall which rate to º & * g * > be levied. be raised and levied in each year by a special rate, sufficient therefor, on all the rateable property in the City; By-law must (e) The by-law may authorize the issue of debentures #..." payable at such time or times as such by-law may recite, not payable in not ovoo crlin o' . * Tºw 2, V ~~rs t exceeding 50 exceeding fifty years, and may or may not provide for a years. specific sum to be raised annually for the payment of the debt. (Sec. 398, Municipal Act.) Recitals— 539. The by-laws shall recite:– Amount and (a) The amount of the debt which the new by-law is in- *** tended to create and, in brief and general terms, the object for which it is to be created; Amount to be (b) The total amount required by this Act to be raised intºny. annually by special rate for paying the new debt and interest; 1902 - WINNIPEG CHARTER. CAP. 77. 149 (c) The amount of the whole rateable property of the The value of tº e º the rateable City, according to the last revised assessment roll; property. (d) The amount of the existing debenture debt of the ſº of e gº e º & ę e X1S City and how much, if any, of the principal or interest is in ºre arrear. (Sec. 399, Municipal Act.) debt. 540. The two next preceding sections shall not apply to º Prº by-laws for a work payable by local assessment. (Sec. 400, i. Municipal Act.) t - apply to local assessment by-law. 541. In any case of passing a by-law for contracting a council may debt by borrowing money for any purpose, the Council may, ºpal in its discretion, make the principal of the debt repayable E. by annual instalments, during the currency of the period within which the debt is to be discharged; such instalments to be of such amounts that the aggregate amount payable for principal and interest in any year shall be equal, as nearly as may be, to what is payable for principal and interest dur- ing each of the other years of such period, and may issue de- bentures of the City for the amounts, and payable at the times corresponding with such instalments, together with in- terest, annually or semi-annually as may be set forth and pro- * vided for by the by-law ; and such by-law shall also set forth what the by- & g e & g law shall set a certain smecific sum, to be raised in each year during the ºut. currency of the debt, which annual sum shall be sufficient to discharge the several instalments of principal and interest, accruing due on such debt, as the said instalments and inter- est become respectively payable according to the terms of the by-law; and in cases within this section it shall not be neces- sary that any provision be made for a sinking fund. (Sec. 401 and 402, Municipal Act.) 542. Where part only of a sum of money provided for when part by a by-law has been raised, the Council may repeal the by- tº §§ law as to any part of the residue, and as to a proportionate *śa as to part of the special rate imposed therefor, provided the re-“” pealing by-law recites the facts on which it is founded, and Proviso. is appointed to take effect on the 31st day of December in the year of its passing, and does not affect any rates due, or penalties incurred, before that day, and provided the by-law is first approved by the Lieutenant-Governor-in-Council. (Sec. 406, Municipal Act.) 543. After a debt has been contracted, the Council shall Until debt not, until the debt and interest have been paid, repeal the Šº. by-law under which the debt was contracted, or any by-law ...i.d. for paying the debt or the interest thereon, or for providing therefor a rate, or additional rate, or appropriating thereto the surplus income of any work or of any stock or interest 150 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Not altered. Exceptions. No Officer to neglect to Calºry Out by-law for payment, under color of * #: º, to alter the same so Council authorized to pass by-laws for issuing debentures to pay off out- standing debentures. Such by-laws may regulate disposition of new deben- tures. Such by-laws need not be submitted to ratepayers. Interest, etc., on said debentures. ICstimates to be made annually. By-laws for raising money by rate. therein, or money from any other source; and the Council shall not alter a by-law, providing any such rate, so as to diminish the amount to be levied under the by-law, except in cases herein authorized, and shall not apply to any other pur- pose any money of the City which, not having been previously otherwise appropriated by any by-law or resolu- tion, has been directed to be applied to such payment. (Sec. 407, Municipal Act.) 544. No officer of the City shall neglect or refuse to carry into effect a by-law for paying a debt under color of a by-law illegally attempting to repeal such first mentioned by-law, or as to diminish the amount to be levied under it. (Sec. 410, Municipal Act.) 545. The Council shall have full power to pass by-laws authorizing the giving, issuing and disposing of bonds, de- . bentures or other securities for the purpose of raising money, by way of loan, in order to take up or pay off bonds, deben- tures or securities formerly issued by the City under a by- law or by-laws assented to by the electors, or under a by-law or by-laws legalized by the Legislature of Manitoba, or for the purpose of exchanging the same for bonds, debentures or securities formerly so issued by the Council, as the Council may decide; or such by-laws may authorize the giving, issu- ing or disposing of such bonds, debentures or other securi- ties at such time or times and in such amounts as the Coun- cil may decide; or such by-laws may provide for the levy- ing of a rate for payment of such loan and interest thereon, on the rateable property in the City, and such by-laws shall not require the assent of the electors, but shall in all other respects conform to the provisions of this Act, and deben- tures issued under any of such by-laws shall bear interest at such rate, and shall be payable at such time or times, not ex- ceeding fifty years, as the said Council may decide, and shall, together with the interest thereon, be a valid and bind- ing charge upon the City. YEARLY RATEs. 546. The Council shall every year make estimates of all sums which may be required for lawful purposes of the City for the year in which such sums are required to be lev- ied, making due allowance for the cost of collection and of the abatement and losses which may occur in the collection of the tax. (Sec. 411, Municipal Act.) 547. The Council shall each year, by by-law or by-laws, levy a rate or rates of so much in the dollar upon the as- sessed value of the property in the City as the Council 1902 WINNIPEG CHARTER. CAP. 77. 151 deems sufficient to raise the sums required on such estimates. (Sec. 412, Municipal Act.) 548. If the amount collected fall short of the sums re-If the amount quired, the Council may direct the deficiency to be made up ; "“” from any unappropriated fund belonging to the City. (Sec. 413, Municipal Act.) 549. If there be no unappropriated fund, the deficiency Estimates b lly deducted from th timated .o- may be may be equally deducted from the sums estimated as re-jū. quired, or from any one or more of them. (Sec. 414, Muni- cipal Act.) 550. If the sums collected exceed the estimates, the bal- when sums ance shall form part of the general fund of the City and be ...” at the disposal of the Council, unless otherwise specially ap-jºon propriated; but if any portion of the amount in excess have º; been collected on account of a special tax upon any particu- lar locality, the amount in excess collected on account of such Special tax shall be appropriated to the special local object. (Sec. 415, Municipal Act.) 551. The rate to be levied in any year, in addition to Limit of rate. what is required of interest on outstanding debentures and the amount required for a sinking fund therefor, and for School purposes and for the maintenance of the police force, and the amount required by the Public Parks Board, shall not exceed the sum of one cent on the dollar. (Sec. 416, Municipal Act.) - 552. The rate shall be calculated at so much in the dol-How rates to lar upon the actual value of all the real property liable to be calculated. assessment in the City after ascertaining the amount to be received from the business tax assessment. (Sec. 417, Municipal Act.) 553. Every special assessment made, and every special special rates a rate imposed and levied under any of the provisions of this ;" Act, and all sewer rates and charges for work or services done by the corporation on default of the owners of real estate under the provisions of any valid by-law of the Coun- cil, shall form a lien or charge upon the real estate upon or in respect of which the same shall have been assessed and rated or charged, and shall be collected in the same manner and with like remedies as ordinary taxes upon real estate are collectable under the provisions of this Act. (Sec. 418, Municipal Act.) 152 CAP. 77. WINNIPEG CHARTER. 1-2 Edw. VII FINANCE. ACCOUNTS AND INVESTMENTs. Twº separate 554. The Council shall keep in its books two separate ac- a CCOunts to be - - tº - - * * kept. counts, one for the special rate, and one for the sinking fund (1) of the or for instalments of principal of every debt, to be both dis- ;" tinguished from all other accounts in the books by some pre- o, of the sink fix designating the purpose for which the debt was contract- §. ed, and shall keep the said accounts, with any others that are of principal, necessary, so as to exhibit, at all times, the state of every debt, and the amount of moneys raised, obtained and ap- propriated for payment thereof. (Sec. 420, Municipal Act.) Mºurºus 555. If, after paying the interest of a debt and appro- applied to priating the necessary sum to the sinking fund of such debt, flººd to or in payment of any instalment of principal for any finan- *** cial year, there be a surplus at the credit of the special rate account of such debt, such surplus shall so remain, and may be applied, if necessary, towards the next year’s interest; but, if such surplus exceed the amount of the next year’s interest, the excess shall be carried to the credit of the sinking fund account or applied in payment of the principal of such debt. (Sec. 421, Municipal Act.) . - • . . 556. The Lieutenant-Governor-in-Council may, by order, Application of n . . - g sº mºney. With direct that such part of the produce of the special rate lev- Consent of tº s º o {p . . " iºt- ied, and at the credit of the sinking fund account or of the §§." special rate account as aforesaid, instead of being so invested as hereinafter provided, shall from time to time as the same accrues be applied to the payment or redemption, at such value as the Council can agree for, of any part of 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 produce of the special rate at the credit of the sinking fund, or special rate accounts, as directed by such order. (Sec. 422, Municipal Act.) Moneys in . 557. The sinking fund trustees may lend any of the §§§ "" moneys in their hands upon the promissory note or notes of trustees. the City in the same manner as any chartered bank may make the same loans. - Sinking fund 558. It shall not be necessary that any loéal improve- may be used %, . in tº in purchasing ment or other debentures of the City referred to in the last 1nsold e e e Hºtures. preceding section shall have been disposed of by the Coun- % 1902 . . WINNIPEG CHARTER. CAP. 77. 153 cil, but the Council may apply the sinking fund to an amount equal to the amount of such debentures for the pur- poses to which the proceeds of such debentures may be pro- perly applicable, and shall hold the debentures as an invest- ment on account of the sinking fund and deal with the same accordingly. (Sec. 424, Municipal Act.) 559. The Council may direct, by by-law, that any sur-Investment of plus moneys in the hands of the Treasurer, and not specially * * appropriated to any other purpose, shall be credited to the sinking fund account of any debenture debt of the City, and the Council may invest such sinking fund account as pro- vided in the last preceding section. (Sec. 425, Municipal Act.) - 560. The Council may appropriate to the payment of any Council may debt the surplus income derived from any public or corpora-ºrds tion work, or from any share or interest therein, after pay-sºº ºbts. ing the annual expenses thereof, or any unappropriated money in the treasury, or any money raised by additional rate; and any money so appropriated shall be carried to the credit of the sinking fund of the debt or applied in payment of any instalment accruing due. (Sec. 426, Municipal Act.) 561. No member of the Council shall take part in, or in No member of any way be a party to, the investment of such moneys as ºft. are mentioned in this Act, by or on behalf of the Council, investment. otherwise than in the manner authorized by this Act or by any other law in that behalf made and provided; and such Liability for person so doing shall be held personally liable for any loss “” sustained by the City. (Sec. 429, Municipal Act.) 562. The Council shall, on or before the thirty-first day Council to of January in each year, under a penalty of twenty dollars ºy in case of default, to be paid to the Provincial Treasurer, º, transmit to the Lieutenant-Governor, through the Municipal {{...}. Commissioner, an account of the several debts of the City, Council. as they stood on the thirty-first day of December pre- ceding, specifying in regard to every debt of which a balance remained due at that day:- (a) The original amount of the debt; What Such * report shall (b) The date when it was contracted; show. (c) The days fixed for its payment; (d) The interest to be paid therefor; (e) The rate provided for the redemption of the debt and interest; 154 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII When a Conn-- mission of inquiry may issue. Expenses of Such . . COI]]]]]]|SS1011. (f) The proceeds of such rate for the year ending on such thirty-first day of December; . (g) The portion (if any) of the debt redeemed or paid during such year; (h) The amount of interest (if any) unpaid on such last mentioned day; and (i) The balance still due of the principal of the debt; such account shall be certified to by the City Comptroller; (j) Such other information as may be required by the Municipal Commissioner unon schedules furnished for that purpose. (Sec. 430, Municipal Act.) COMMISSION OF INQUIRY INTo FINANCEs. 563. In case one-third of the members of the Council, or one hundred duly qualified electors of the City, petition for a commission to issue under the Great Seal to inquire into the financial affairs of the City and things con- nected therewith, and if sufficient cause is shown, the Lieutenant-Governor-in-Council may issue a commission ac- cordingly, and the commissioner or commissioners, or such one or more of them as the commission empowers to act, shall have the same power to summon witnesses, enforce their attendance, and compel them to produce documents and to give evidence, as any Court in the Province of Mani- toba has in civil cases. (Sec. 431, Municipal Act.) 564. The expenses to be allowed for executing the com- mission shall be determined and certified by the Provincial Treasurer, and shall thenceforth become a debt due to the commissioner or commissioners by the City, and shall be payable within three months after demand thereof, made by the commissioners or by any one of the commissioners, at the office of the Treasurer of the City. (Sec. 432, Muni- cipal Act.) Debentures, bonds, etc., how to be executed. DEBENTURES AND OTHER INSTRUMENTS. 565. All debentures, and other instruments, duly authorized to be executed on behalf of the City shall, unless otherwise specially authorized or provided, be sealed with the seal of the City, and be signed by the Mayor or by some other person authorized by by-law to sign the same, otherwise the same shall not be valid, and it shall be the duty of the Treasurer of the City to see that 1902 WINNIPEG CHARTER. CAP. 77. 155 the money collected under the by-law is properly applied to the payment of the interest and principal of the debentures. (Sec. 433, Municipal Act.) 566. Tebentures issued by the City under the authority Debentures of any by-law under this Act, or any other Act affecting the Mºwth. City, shall be valid and binding upon the City, notwithstand- “"“” ing any insufficiency in form or otherwise of such by-law, or in the authority of the City in respect thereof; provided that Proviso. the by-law has received the assent of the electors where neces- sary, and no successful application has been made to quash the same within the time limited by law. (Sec. 434, Mumi- cipal Act.) 567. Debentures to be issued by the Council may contain Mººns. :er may be a provision in the following words:— described. “This debenture, or any interest therein, shall not, after a certificate of ownership has been indorsed thereon by the Treasurer of the City of Winnipeg, be transferable, except by entry by the Treasurer in the debenture registry book of the said City.” (Sec. 435, Municipal Act.) 568. The Treasurer shall open and keep a debenture Debenture registry book, in which he shall enter a copy of any certifi- * * cate which he may give of the ownership of any debenture, and also every subsequent transfer of such debenture; such entry shall not be made except upon the written authority of the person last entered in such book as the owner of such debenture, or of his executors or administrators, or of his or their lawful attorney, which authority shall be retained by the Treasurer and duly filed. (Sec. 436, Municipal Act.) 569. After the certificate of ownership has been indorsed Registered as aforesaid, the debenture shall only be transferable by ºil, entry, by the Treasurer, in such debenture registry book, * * * from time to time, as transfers of such debenture are author- ized by the then owner thereof or his lawful attorney. (Sec. 437, Municipal Act.) 570. I)ebentures of the City may be issued to Secure the Debentures lepayment of the debts incurred under by-laws passed under" be issued. the provisions of sections 538 and 539 of this Act. (Sec. 438, Municipal Act.) 571. No debentures shall be issued by the City bearing Intereston * . . . e h fi y * t S debentures a higher rate of interest than five per cent. per annum. (Sec. ...'...ed *... • 5 per cent. 439, Municipal Act.) 156 CAP. 77. WINNIPEG CHARTER. 1-2 Eow. VII Yºnent of Comp- troller. Security. Duties of Comptroller. Audit. Comptroller's books and a CCOunts. I FINANCIAL OFFICERS–Accounts—AUDIT. 572. The Council shall appoint a Comptroller, who shall hold office during the pleasure of the Council. Before en- tering upon his duties he shall take the oath or affirmation required by law to perform the duties of his office and to obey the by-laws of the City, and shall give security, in the penal sum of ten thousand dollars, for the faithful per- formance of his duties, which bond shall be deposited with the Clerk for safe keeping; and his powers and duties shall be the following:— (a) The Comptroller shall be the general accountant of the City, and shall receive and preserve in his office all City account books, and all vouchers, documents and papers re- lating to the accounts and contracts of the City, its revenue, debts and fiscal affairs, whether between the City and any officer thereof, or between the City and any person or body corporate, except when said books, vouchers or documents are by by-law placed in the custody of Some other officer or perSon ; (b) It shall be the duty of the Comptroller to examine and audit all accounts, claims and demands in favor of or against the City, for the payment of which any money may be drawn out of the City treasury, and, after having exam- imed the same, with all accompanying vouchers and docu- ments, to certify the balance or true state of such claims or demands. It shall be his duty to keep suitable and proper books in which the accounts of the City shall be kept by double entry. In the account between the City and the Treasurer, he shall charge said Treasurer with all moneys received into the City treasury, specifying the sources from which said moneys have been derived, and shall credit him with all warrants drawn on the City treasury. In the ac- counts between the City and all officers, persons or bodies corporate, who may have the collection of any money for the City, he shall charge each with the amount which may be in his hands for collection, or with blank licenses or certificates issued to him, and shall credit him with all moneys which he shall pay into the City treasury. He shall keep in said account books a detailed and specific statement of the con- dition of the City revenue, entering every fund which by law or by by-law is made a separate fund under its appropriate head, crediting each fund with all receipts into the treasury on account thereof, and charging it with all appropriations thereof and all warrants drawn thereon. He shall keep a register of all warrants drawn on the treasury, specifying the date, number and amount of each and the name of the 1902 - WINNIPEG CHARTER. CAP. 77. 157 º, -º- ºr-...- . | person to whom, and out of what fund, payable. He shall keep an account of all debts due to or from the City, and a bill book in which he shall enter particulars of all bonds, notes, bills and other obligations given by or payable to the City, with the names of the persons by or to whom payable and the principal and interest which the same draw respec- tively; and all particulars of accounts, notes, bonds or claims against or in favor of the City for the purchase of lands, buildings or other property, or of the revenue applicable to the following objects, to wit: General expenses, interest, water works, lighting the city, fire department, police, street fund, infirmary, sewerage department and sinking fund; and any other fund, department or interest of the City not fall- ing under either of the foregoing heads shall be kept under a separate and appropriate account; - (c) The Comptroller shall not draw a warrant on the warrants to Treasurer in favor of any person indebted to the City, or the ..." assignee of such person, except for the balance which may creditor only. appear to be due such person over and above the debt due the City, nor in favor of any officer who is in arrears or in default to the City; (d) The Comptroller shall draw his warrant on the Funds to be Treasurer, specifying the fund from which payment is to be ..." " made, for any money found to be due and owing by the City, the expenditure of which has been duly authorized. |Provided that no warrant shall be issued unless there be money actually to the credit of the specific fund; (e) Whenever the revenue belonging to any prescribed souncation of fund of the City shall have become exhausted, it shall be fººt, the duty of the Comptroller to motify the Council of the #. fact, and no appropriation from the fund shall be made by the Council until moneys are voted to the credit of the said fund to meet such appropriation ; (f) The Comptroller, whenever required, shall furnish the statement to ... -- : 1. º -- be rendered by Mayor or Council with copies or abstracts of any books, ac-8. counts, records, vouchers or documents in his office, and any information in relation to anything pertaining to his office or to the revenue of the City; and he shall at all times per- mit the Mayor or other member of the Council, or any other City officer interested, to examine any book, paper or docu- ment in his office; (g) The Comptroller shall exercise a general supervis- Comptroller to ion over the collection and return into the City treasury of ... super. the revenue of the City of every description, and over allº, other fiscal affairs of the City, over all claims which may or affairs. might become the subject of litigation, and any other pro- ceedings in which the interests of the City are involved or 158 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII To prescribe and inspect books kept by City officials. Fiscal Officers of City to submit monthly reports to Comptroller. Bonds to be signed by Mayor, Comptroller and Treasurer. Records Of contracts, etc., to be kept by Comptroller. Annual state- ment, for publication. Monthly state- ment for Council to be rendered by Comptroller. in any manner concerned; he shall prescribe the form and manner in which all account books of the several city offi- cers shall be kept, and he shall examine the books of the said officers as often as he shall think proper, and shall see that they are properly and neatly kept, and said books shall be at all times subject to the inspection of the Comptroller; (h) The Comptroller may require all City officers in re- ceipt of the City’s money to submit monthly reports to him of the business of their respective offices in detail, and shall lay the same before the Council at its first regular meeting thereafter; and if any such officer neglects or refuses to make adjustment of his accounts whenever so required by the Comptroller, or to pay over such money so received, it shall be the duty of the Comptroller to issue a notice in writing to such officer and his sureties, if any, to make a settlement of his accounts with said Comptroller and to pay over the balance of money found to be due and in his hands belong- ing to the City; and, in case of refusal or neglect of such officer to adjust his accounts or to pay over said balance to the Treasurer, it shall be the duty of the Comptroller to report the delinquency of such officer to the Council; (i) The Comptroller shall sign, with the Mayor and Treasurer, all bonds and debentures issued by the City; (j) The Comptroller shall keep in his office a correct account of all public improvements ordered by the Council and under contract, copies of which shall be furnished him by the several departments authorized to make contracts On behalf of the City; said book shall show the estimate of such improvements, how much has been paid on the same, the dates when paid, the date when any separate improvement is completed, the name of the contractor and the description of such contract; (k) The Comptroller shall, in the month of May in each year, make out an annual statement for publication, which shall be published in pamphlet form, and also a monthly statement to the Council at the first regular meeting of the Council in each month, giving a full and detailed Statement of all receipts and expenditures of money during such time respectively; such statements shall also detail the liabilities of the City, the condition of all appropriations and contracts unfulfilled, the balance of money in the treasury, and the sums due the City and outstanding, the names of all persons who have become defaulters to the City and the respective amounts in their hands unaccounted for, and all other things necessary to exhibit the true financial condition of the City; (l) The Comptroller shall, on or before the second Monday in June in each year, submit to the Council a report of the 1902 - WINNIPEG CHARTER. CAP. 77. 159 estimates necessary, as near as may be, to defray the expenses Comptroller of the City government during the current fiscal year. ºvie IHe shall in such report class the different objects of the pro- ºna posed expenditures, giving as nearly as may be the amount * required. He shall make a statement of all contracts made or directed by 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 depart- ments to furnish such information as he needs to enable him to fulfil the duties imposed upon him by this section. He shall also in such report show the aggregate income of the preceding fiscal year from all sources, the amounts of all liabilities outstanding, and of bonds, interest and any other kind of City debt payable during the year, and when the same respectively fall due, so that the Council may fully un- derstand the money exigencies and demands of the City for the ensuing year. (Sec. 542, Municipal Act.) 573. In case of a vacancy in the office of Comptroller, *ent º & º © * * g. º OT a, C. lng or of his absence from the city or inability from sickness or Čomptroller - • , * tº tº • , in case of other cause to perform his duties, the Council shall appoint ºbje or an acting Comptroller who shall, during such vacancy or ab-"* sence, audit and settle all, accounts or claims on the City, and shall sign, in place of the Comptroller, all warrants on the Treasurer. (Sec. 543, Municipal Act.) 574. All moneys belonging to the City received by an ºto be officer or agent thereof, either from collections, loans, fees, * fines and penalties or otherwise, shall be deposited in the City treasury regularly once a day; and in case the provis- ions of this section are not complied with, it shall be the Treasurer’s duty to report any delinquencies to the Mayor and Comptroller. (Sec. 544, Municipal Act.) 575. The Treasurer shall make duplicate receipts in, all Rºº. tº Tea,Sull Cl’. cases, one for the party paying and one for the Comptroller, which shall set out the amounts and on what account paid and credited. (Sec. 545, Municipal Act.) : 576. All payments on account of pay-rolls of the City Payments by shall be made by the Treasurer after the same have been” audited and placed in his hands therefor. All payments of salaries or wages shall be made by the Treasurer, who shall pay each person or his legal representative and take a prope receipt therefor. (Sec. 546, Municipal Act.) - 577. No appropriation shall be made from any revenue Appropria: e e ſº tions not to be fund in excess of the amount standing to the credit of such exceeded. 160 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Money to be paid only on warrant. Accounts to be certified and registered. Books to be Open to inspection. Payment of certificates. Audit of Comptroller's a CCOunt S. Fiscal year. * fund; nor shall it be made for the purposes to which the money is not applicable by law. (Sec. 547, Municipal Act.) 578. No money shall be paid out of the treasury except on the Comptroller’s warrant; and no warrant shall be issued on any appropriation unless there be an unexpended balance to the credit thereof sufficient to cover such warrant, and un- less there be money in the treasury to pay it. (Sec. 548, Municipal Act.) * 579. All unadjusted accounts, before they are audited, must be certified by the officer having knowledge of the facts; and audited accounts shall be registered in the Comptroller’s office, and filed and preserved as vouchers in the Comptrol- ler’s office. (Sec. 549, Municipal Act.) 580. 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 Comptroller, the Finance Committee or any member of the Council. (Sec. 550, Municipal Act.) 581. On presentation of certificates of indebtedness, is- sued by the City Comptroller to the said Treasurer, said Treasurer shall pay the same from any unexpended balance to the credit of the fund properly chargeable therewith ; but, if said Treasurer has not sufficient funds to pay in full all such certificates, he shall indorse on the back thereof the amount paid, countersign said certificates and re-deliver the Same to the person presenting the same. Such certificates shall bear interest at the rate of four per centum per annum, from the date of the approval, and shall be redeemed in the order in which they have been issued by said Comptroller; (a) Provided that, if any of said certificates be not pre- sented for payment as often as once in sixty days, said inter- est shall terminate at the end of sixty days after the last presentation; (b) Provided, further, that all payments made on account of pay-rolls shall be made by the Treasurer after the same have been certified by the Comptroller and placed in his hands therefor. (Sec. 551, Municipal Act.) 582. The Council may at any time have the accounts sub- mitted by the Comptroller audited, if thought necessary. (Sec. 552, Municipal Act.) 583. The fiscal year for the City shall be the twelve months ending on the thirtieth day of April in each year. (Sec. 553, Municipal Act.) 1902 WINNIPEG CHARTER. CAP. 77. 161 584. The present Comptroller of the City shall be con-Present tinued in office and be the Comptroller until removed. (Sec. ..º. 554, Municipal Act.) Office. AID TO INDUSTRIES, ETC. 585. The Council may pass by-laws for exempting, in Exemptions. whole or in part, from taxation any industry carried on in the City, but no such by-law shall be valid unless and until By laws to be it has received the assent of the electors of the City in con- voted on. formity with the provisions of this Act in respect of by-laws creating debts of the City, and the City upon granting such exemption or any aid or exemption under the provisions of this Act, or any or either of them, shall take and receive se- curity for the compliance with the terms and conditions up- on which such aid or exemption was given. (Sec. 440-2, Municipal Act.) 586. The Council may pass by-laws to exempt from tax-ºy ation any building used exclusively as a charitable institu- tº: the tion and the land in connection therewith, not exceeding two §§ acres, and also the property of the Young Men’s Christian * Association to the extent of the value of the part or parts of said last mentioned property as shall be used for religious or associational purposes. (Amendments, 1894 and 1900.) OFFICERS FOR TAKING OATHS AND AFFIRMATIONs. 587. Any oath or affirmation or declaration, required by Hºm the provisions of this Act, may be made before any Justice of the Peace, or any person authorized by “The Oaths Act ’’ to take affidavits under any Statute of this Province; and - e No fee charge- any person before whom such oath or affirmation or declara-jé. g tion may be made is required, whenever he is called upon so to do, to administer such oath or take such affirmation and deliver a certificate thereof to the party making the same without fee. (Sec. 446, Municipal Act.) IANDs OUTSIDE OF THE CITY LIMITs. 588. All lands conveyed to the City outside of Länds outside the limits thereof as defined by law are hereby vested in the “” City according to the estate conveyed, with power to the Council to dispose of the same whenever desired or deemed necessary. (Sec. 448, Municipal Act.) SAVING CLAUSEs. 589. No act connected with the affairs of the City, per- Defects in formed by the Council, its officers or any other person, shall form. 162 CAP. 77. - WINNIPEG CHARTER. 1-2 EDW. VII. be null or void on account of error or insufficiency in the designation of the City or of such act, or on account of insufficiency in, or the omission of, the declaration of the quality of such officers or person, provided no injustice re- sult therefrom. (Sec. 450, Municipal Act.) 㺠and 590. No proceeding, act, matter or thing, done or pur- jº" porting to be done under this Act, shall be held invalid for any formal defect or omission. (Sec. 451, Municipal Act.) Right of 591. Nothing in this Act contained shall affect, or con- º” flict or interfere with, the rights, powers and privileges of any water works, electric or gas light company which may have been conferred upon it by its respective Acts of incor- poration and amendments thereof, or by letters patent of in- corporation, so far as such rights, powers and privileges have been actually acted upon and carried into effect before the coming into force of this Act. (Sec. 452, Municipal Act.) Notices in 592. Unless herein specially directed, it shall mot be ne- Gezette. cessary to publish notices or advertisements required or al- lowed by this Act in The Manitoba Gazette. (Sec. 453, Municipal Act.) GAS AND ELECTRIC LIGHT WORKs. City empow- 593. The City shall have all the powers necessary to en- ...”..." able it to construct gas works, with all the appliances for the works. necessary manufacture, supply, distribution and sale of gas to all persons, firms or corporations in the City, for the purposes of heating, lighting and all other purposes for which gas is capable of being used, whether the same is known at the present time or may be hereafter ascertained, and also to purchase and, after purchase, to add to the plant and works of any gas company, and to improve, maintain and enlarge any of said works from time to time. (Sec. 28, Cap. 32, 58 and 59 Vic.) - - Q Appointment 594. The City shall have power to employ and appoint ºf..."“” engineers, surveyors, officers, and other persons, for the pur- pose of constructing, improving and adding to any gas works, and to rent or purchase such lands, works, buildings, privi- leges and yards as in its opinion may be necessary to enable it to carry out the purpose of this Act. (Sec. 29, Cap. 32, 58 and 59 Vic.) operation of 595. The City may operate such works and Imanufacture works. gas for the purposes aforesaid, and may make contracts for coal, petroleum and any materials necessary for such manu- facture. (Sec. 30, Cap. 32, 58 and 59 Vic.) - 1902 WINNIPEG CHARTER. CAP. 77. 168 596. The City may break up, dig and trench so much and Trenches. So many of the public streets as are necessary for laying pipes, mains and other appliances for conducting gas from the works to the consumers thereof, or for taking up, alter- ing and renewing all such pipes or appliances as to the City it may seem expedient to do. (Sec. 31, Cap. 32, 58 and 59 Vic.) \ 597. If in any case it shall seem more convenient for the Laying pipes City to lay its pipes under or through private property, in-º" stead of under and through public streets, the City is here- by authorized and empowered to cut and dig up if neces- sary and to lay down its mains and pipes through, under or upon lands and premises of any person which may be situ- ated between the works of the City and the property of the consumers of such gas, making in such cases compensation Compensa- for any injury thereby done and restoring all such lands, so " far as may be, to their original condition without unneces- sary delay, and doing as little damage as possible in the exe- cution of the powers hereby granted to the City. (Sec. 32, Cap. 32, 58 and 59 Vic.) * 598. The City shall be and is hereby required to keep or Accounts. cause to be kept separate books and accounts of the receipts and disbursements for and on account of such gas works dis- tinct from the books and accounts relating to the other pro- perty, funds and assets of the City. (Sec. 33, Cap. 32, 58 and 59 Vic.) - e 599. The City shall regulate the distribution, supply and Regulation of 4. As . . . . «. - ... ." distribution. use of gas in all places and for all purposes where the same may be required from time to time, shall fix the prices for the use thereof and times of payment, a discount for prompt payment and for payment in advance, and the penalties for allowing payments to fall in arrears. (Sec. 34, Cap. 32, 58 and 59 Vic.) 600. The City is also empowered to place metres upon Metres. any service or other pipe or connection within or without any house or building, as it may deem expedient, for the purpose of measuring such gas, and may remove or alter the position of any such metre or of any pipe or connection, and to fix the price to be paid for the use of any such metre or of anv pipe or connection, and the times and terms of pay- ment. (Sec. 35, Cap. 32, 58 and 59 Vic.) 601. All gas rents and rates, when collected, shall be paid Rents. over to the Treasurer of the City and be by him placed to. the credit of the gas works account. (Sec. 36, Cap. 32, 58 and 59 Vic.) 164 CAP. 77. WINNIPEG CHARTER. 1.2 EDW. VII General con- duct of works. Collection of rent S. Metres, etc., not seizable for rent. Term of Office Of employees. Penalties. 602. The City shall have power from time to time to make and amend and change and to enforce all necessary by- laws, rules and regulations for the general maintenance or management or conduct of said gas works, the officers and other persons employed by the City, and for the collection of gas rents and rates and moneys due or becoming due for the supply of gas, and to enforce payment of any such rates or rents or prices by shutting off the supply of gas or by suit at law before any Court of competent jurisdiction, or by distress and sale of the goods and chattels of the owner or occupant of the premises using such gas or of any goods and chattels in his possession, wherever the same shall be found within the City, or of any goods and chattels in his possess- sion of any occupant of such premises. Such distress and sale shall be conducted in the same manner as sales are now conducted for arrears of city taxes and the costs chargeable shall be those payable to bailiffs under “The County Courts Act.” For the purposes of this Act all gas rents and rates and accounts due the said City for the supply of gas shall be treated in every way as if the same were taxes levied under the provisions of this Act. (Sec. 37, Cap. 32, 58 and 59 Vic.) 603. Neither the service nor connecting pipes of the City nor any metres, lustres, lamp, gas fittings or any other prop- erty of any kind whatsoever of the City shall be subject to or liable for rent or liable to be seized or attached in any way by the possessor or owner of the premises wherein the same may be, or in any way whatsoever liable to any person for a debt of the person to or for whose use or for the use of whose house or building any of said appliances may be Sup- plied by the City, nowtithstanding the actual or apparent possession thereof by such person. (Sec. 38, Cap. 32, 58 and 59 Vic.) 604. All officials and other persons employed by the City in the construction, operation or management of said gas works, or in the collection of gas rents and rates, shall hold their offices at the pleasure of the City or as the Coun- cil shall determine by by-law or resolution in that behalf, and shall give such security as the City shall from time to time require. (Sec. 39, Cap. 32, 58 and 59 Vic.) 605. If any person or persons shall lay or cause to be laid any pipe or main to communicate with any pipe or main of the City gas works, or in any way obtain or use any gas therefrom, without the consent of the City, he or they shall forfeit and pay to the City for gas works purposes the sum of fifty dollars in addition to the estimated value 1902 - WINNIPEG CHARTER. CAP. 77. 165 \ of Said gas so obtained, and in addition also the sum of five dollars per day for each day during which such com: munications remain, and such sum, together with costs of Suit in that behalf, may be recovered by civil action in any Court of law in the Province having jurisdiction. In all cases, where a vacant space intervenes between the line of the street and the wall of any building into which gas is to be taken, the City may lay the service pipes across such va- cant space and charge the cost thereof to the owner of such building and collect the same in advance or upon such terms as may be provided by by-law of the Council or by agree- ment of parties. (Sec. 40, Cap. 32, 58 and 59 Vic.) 606. All service and other pipes, whether within or with-ºl, out buildings, together with all branches, couplings and ap-ºn- 2 **'S gº tº Hy trol of City. paratus placed thereon or therein by the City, shall be under its control. (Sec. 41, Cap. 32, 58 and 59 Vic.) 607. All parties supplied with gas by the City may be re- Burners. quired to place and use such style of burners and other ap- pliances for the consumption and use of such gas as may be approved of by the City. (Sec. 42, Cap. 32, 58 and 59 Vic.) 608. The City shall not be liable for damages caused by Damages. the breaking of any service pipe or other appliance, or for any shutting off of gas by reason of accident to the works or pipes or other appliances, or by reason of it being con- sidered necessary to repair any of same. (Sec. 43, Cap. 32, 58 and 59 Vic.) - 609. It shall be lawful for the officers of the City and Access by e . & officials to every person authorized by them for that purpose to have bij free access at proper hours of the day to all parts of every building in which gas is delivered or consumed for the pur- pose of erecting gas metres, making repairs or of inspection or altering any pipes or other appliances and for the pur- pose of removing any or all of the same. (Sec. 44, Cap. 32, 58 and 59 Vic.) 610. The City may sell or convey any lands or other pro-Power to sell perty, real and personal, purchased for said gas works if the ºf for same shall cease to be required or which the City shall deem * unnecessary therefor either for cash or credit or partly cash and partly credit, with power to take a mortgage or mort- gages to secure payment of the purchase money; the pro- ceeds arising from any such sale to be added to and form part of the funds for the construction of gas works and the 166 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII City to have exclusive con- trol of lands and works. Borrowing powers. same shall be expended and paid out in like manner as the proceeds of gas works debentures under the provisions of this Act. (Sec. 45, Cap. 32, 58 and 59 Vic.) 611. The City shall have full, entire and exclusive pos- session, control and management of all lands and gas works, pipes, appliances and all things appertaining thereto, and shall and may prosecute and defend any action or actions, suit or suits, or process at law or in equity, against any person or persons or corporation for money due for the use of gas, for the breach of any contract, express or implied, touch- ing the execution or management of the works or the distri- bution of the gas or of any promise or contract made to or with the City, and also for any injury, damage, trespass, nuisance or other wrongful act done, committed or suffered to the said lands, works, pipes and appliances, or other things of any kind or any anparatus belonging to or connected with any part of the said gas works, or for any improper use or waste of the gas. (Sec. 46, Cap. 32, 58 and 59 Vic.) 612. For the purpose of constructing said gas works and laying said pipes and making the necessary connections and paying the interest on the debentures hereinafter mentioned during the progress of construction of the said works and expenses attendant thereon, or for the purpose of meeting a payment or any other matter or thing contemplated by this Act, the City shall have power to pass a by-law or by-laws for the issue of debentures of the said City, to be called gas works debentures, and to issue such debentures for a sum of money not exceeding $400,000 of lawful money of Can- ada in sums of not less than $100.00 each, as to the City seems expedient, which debentures shall be made payable in manner and at the times following, that is to say: Within a period not exceeding fifty (50) years from the dates of the respective issues thereof. Said debentures shall bear inter- est at the rate of not more than five per centum per annum, which shall be payable not oftener than half yearly. The said debentures shall be signed by the Mayor, Treasurer and Comptroller of the City for the time being or by such other officers as may be prescribed by by-law, and may be made payable either in sterling or currency in this Province, or in Great Britain, or elsewhere, as to the Council shall in any case seem expedient or necessary, and the Council, and their successors, shall, for the purpose of providing a sink- ing fund for the payment of the said debentures, as afore- said, and the interest on the same, raise annually from the completion of the said works, or at the expiration of three years from the date of the first issue of said debentures, 1902 - WINNIPEG CHARTER. CAP. 77. 167 / such sum or sums as may be necessary to pay the interest and provide a sinking fund to meet the whole of such de- bentures in full as the same shall become due respectively, and shall levy a rate for that purpose to be settled, imposed and levied in each and every year to pay said principal and interest on such debentures over and above such revenues as shall from year to year be ascertained as a surplus over and above the cost of operating and repairing said works; pro- vided such by-laws shall require the assent of the duly qual- ified electors under the provisions of this Act respecting by- laws for raising moneys not payable or repayable within the same municipal year. (Sec. 48, Cap. 32, 58 and 59 Vic.) 613. The proceeds of such debentures shall be paid into some chartered bank and kept separate from any other funds of the said City, and the same shall only be paid out on the cheque of the Mayor, Comptroller and Treasurer, as may from time to time be required for the discharge of the li- abilities that may be incurred in carrying out the works and improvements contemplated by this Act, and for the payment of interest accruing due on the said debentures during the period of the erection and completion of the said gas works. Provided, also, that nothing herein contained shall prevent the City. should they deem it advantageous so to do, from paying the contractor or contractors or others in debentures, either at par or at such rate of discount as the City in their judgment shall deem advisable; nor from sell- ing or negotiating the same as to them may seem most ex- pedient and advantageous to the interests of the City. (Sec. 49, Cap. 32, 58 and 59 Vic.) 614. The said gas works to be erected and constructed under this Act, and also the land to be acquired for the purposes thereof, and every matter and thing therewith con- nected, shall be and they are hereby specially charged pledged, mortgaged and hypothecated for the re-payment of any sum or sums which may be borrowed by the City for the purposes of this Act, in respect of gas works, as well as for the due and punctual payment of the interest thereupon ; and all, each and every of the holders of the debentures in the last previous section mentioned shall have a preferential pledge, mortgage, hypothec or privilege on the said lands, gas works and property appertaining thereto for Securing the payment of the said debentures and interest thereon. (Sec. 49, Cap. 32, 58 and 59 Vic.) 615. After the construction of the works, all the revenues arising from or out of the supplying of gas or from the real or personal property connected with the said gas works Application of proceeds of debentures. ScCurity for Sll ill S borrowed. Application of revenue from Works. 168 CAP. 77. WINNIPEG CHARTER 1-2 EDW. VII to be acquired by the City, shall, after providing for the ex- penses attendant upon the maintenance of the said gas works, be paid over to the Treasurer of the City and applied bv him as hereinbefore provided, and any surplus shall be treated as ordinary City revenue. (Sec. 50, Cap. 32, 58 and 59 Vic.) - • Debt con- 616. Nothing in this Act contained shall extend to or be tracting power #.º.º. construed to extend to diminish the power and authority of tion tº pºwer the City hereafter to borrow on the credit of the City for É."” the general uses and purposes of the said City as fully and effectually as though the City were not indebted for the con- struction or purchase and construction of the gas works as aforesaid, or the electrical plant and works hereinafter men- tioned, and as if this Act had not been passed, any Act, statute, law or provision thereof to the contrary notwith- standing. The amount of the debt which may be created as in this Act provided, for the purpose of constructing gas works, shall not be deemed to be a part of the same to which the City’s borrowing powers are limited by this Act. (Sec. 51, Cap. 32, 58 and 59 Vic.) - Use of City 617. No person shall be held to be disqualified from É.'..." being elected or sitting as a member of the Council of the ; City by reason of his taking or using gas supplied by or Council. from the gas works of the City, or by reason of his taking or using electricity or electric light or power supplied by the City as hereinafter mentioned. (Sec. 52, Cap. 32, 58 and 59 Vic.) Interpretation 618. Notwithstanding any expression in this Act, the ex- 3.j, and pression “works" or “gas works” shall be taken to mean "****" and apply to all buildings, machinery, pipes, and other ap- pliances employed or used in the manufacture and distri- bution of gas by the City and also the lands upon which the said buildings and machinery shall be situated. (Sec. 53, Cap. 32, 58 and 59 Vic.) - City empow- 619. The City may also, either separately or in connec- ered to gener- 1: e sº ſº Qº .” ătºanišºy tion with said gas works, erect and maintain works for the * production and manufacture of electricity or electric cur- rents for the purpose of supplying electricity for light, heat, power or any other purpose for which it may be used, for use by the City or any person or corporation, and may erect and maintain and operate all works, engines, plant, dynamos, poles, wires and other appliances necessary for producing, conducting and conveying such electricity, and all lamps, burners, metres, connections and other appliances which may be deemed necessary for the efficient use of electricity for any of said purposes. The City may purchase, and after 1902 - - WINNIPEG CHARTER. CAP. 77. 169 purchase extend, the works and other appliances of any ex- isting company and may operate such electrical works, and in such case may, under the powers hereinbefore specified as to providing for the cost of gas works, contract a debt and issue debentures therefor not exceeding the sum of $500,000 for construction or purchase and extension of any such electrical works. (Sec. 54, Cap. 32, 58 and 59 Vic.) 620. The City may include the cost of such electrical; money works and appliances with the amount of the debt herein-º before authorized to be created for the purpose of construct- purposes. ing and erection or of purchasing the gas works, and may include in Cne or more by-law or by-laws the amount of the debt for such electrical works and for said gas works and may issue debentures therefor, treating the total amount in the same way as if such electrical works were a part of the system of gas works by this Act authorized. (Sec. 55, Cap. 32, 58 and 59 Vic.) - 621. But in any case, whether the debt to be created for ºl. the construction or requirement of such electrical works is electors. included with that necessary for the said gas works or not, the by-law or by-laws shall first be submitted to the duly qualified electors, in the manner and according to the terms provided in this Act relating to money by-laws, and such by- law or by-laws shall first receive the assent of the electors before the City proceeds with the works. The word “works '' shall include and relate to all the works, plant, ºpºion lands, buildings, poles, wires, metres, lamps and appliances º of every kind necessary for the manufacture, conveyance and use of electricity for the purpose hereinbefore named. (Sec. 56, Cap. 32, 58 and 59 Vic.) 622. The City may pass by-laws regulating the manufac- By-laws ture, sale and distribution of electricity, electric light or fºre power, the style and use of metres, burners and all other tº: ºptribu appliances by persons and corporations, and generally shall “”. have all the powers relating to electrical works as are here- in provided in respect of “gas works,” the manufacture, supply and use of gas, in so far as the same may be appli- cable. (Sec. 57, Cap. 32, 58 and 59 Vic.) 623. Nothing in this Act contained shall in any way affect Rights of Or take away any right or privilege vested in the Winnipeg ºrest JElectric Street Railway Company under any by-law or con- Rºy tract with the City of Winnipeg, or its Act of incorporation. preserved 170 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII § 3; to 623a. The City shall not levy any rate for or construct WW IOI © e © ë jºu works for commercial electric lighting purposes un- l & 5 5 §, til the Council has by by-law fixed a price to offer §ºf the for the electric lighting works of the Winnipeg Fºsweet Electric Street Railway Company, nor until thirty Compañy days have elapsed after notice of such price has been communicated to the Company without the Company having accepted the same or without the Company having, under the clauses 774 to 807, both inclusive, of this Act, as to arbitra- tions, so far as the same can be made applicable, named and given notice of an arbitrator to determine the price, nor until the price accepted or awarded has been paid; and, in case the City and the Company do not agree, the said price shall be determined by arbitration under this Act; one arbitrator to be appointed by the City, one by the Company, and the third arbitrator by such two arbitrators, and, in the event of a dis- agreement as to such appointment, such third arbitrator to be appointed on application of either party by the Chief Jus- tice or a Puisne Judge of the Court of King's Bench. (Sec. 38, Cap. 24, 62 and 63 Vic.) - what shan be 623b. In such arbitration to determine the price to be º, in paid for the works of the said Company the arbitrators shall such cases, determine the actual value of such works, having regard (1) to what the same would cost if the works should be then constructed on the property then bought; (2) to the condition of the works and to any deterioration thereof from use and wear and tear by reason of the system or appliances having become in whole or part obsolete; (3) to the value of such works to the City for the purposes and to the extent to which the City can make use of the same and to such value for commercial and such other purposes as a Company could use them for ; and (4) to the cost of procuring more valuable or modern improvements or appliances therefor, if any, and the cost of acquiring the right to use or of adopting such im- provements, the arbitrators making all proper allowances but not allowing anything for prospective profits or franchise, and such amount so ascertained shall be the amount which the arbitrators shall award the price to be allowed for the said works and property. (Sec. 39, Cap. 24, 62 and 63 Vic.) tº 623e. And if, within six weeks after the date of any award tº made hereunder, the City shall give notice in writing that withdrawn. they will not accept the terms thereof their offer may be withdrawn, provided they first pay all costs of the reference and award, and provided, also, that in the event of such withdrawal the City shall not, until after the expiration of two years from such withdrawal, be entitled to again avail themselves of the provisions of the clause under which the award was made. (Sec. 40, Cap. 24, 62 and 63 Vic.) 1902 WINNIPEG CHARTER. CAP. 77. 171 623d. If the City does not give notice as aforesaid that it Award as to will not accept the terms of the award, then the amount shall *works. be paid to the Company within three months from the date of said award, and upon such payment all liens, charges, in- cumbrances, claims and rights of all and any person or persons whomsoever upon any of the property of the Com- pany included in and subject to said award shall be deemed to be discharged and the City shall, immediately after such payment, be deemed to be and shall be the owner and holder of all such property entirely freed from any claim of any person or corporation. (Sub-sec. (a), Sec. 32, Cap. 32, 63 and 64 Vic.) 623e. The Company may, within six weeks after the Hºe tº © e e tº , º OTY) Dą,1] date of any award as āforesaid, give notice in writing ºsen h C º h e ill h the City may to the City that it will not accept the terms of proceed to said award and that it withdraws from the arbitra- ºgº electric light tion, and in such case the Company shall pay to works. the City the cost of the reference and award; and pro- vided, also, that in the event of such withdrawal by the Company the same shall be deemed to have the effect of an election by the Company to retain its property, and the City may proceed to levy a rate for and to construct and main- tain works for commercial electric lighting purposes without reference to the Company. In case any ex- penditure be made by the Company for improving or preserving the works or for works of permanent repair, between the date of the award and the pay- ment thereof, the amount thereof so expended shall be paid to the Company by the City, with interest at the rate of five per centum per annum from the date of the expenditure, provided, however, that in case of dispute as Arbitration in & ºt case of to such amount the Same shall be referred to the decision of dispute. a single arbitrator, who shall be the third arbitrator referred to in section 623a of this Act, and, in case of his inability or refusal to act, then by a single arbitrator to be agreed upon by the Company and the City, or in case of their dis- agreement then to be appointed upon the application of either party upon notice to the other to the Chief Justice or a Puisne Judge of the Court of King’s Bench for Manitoba, the certificate or decision in writing of such arbitrator as to the proper amount to be final between the parties. (Sub-sec. (b), Sec. 32, Cap. 32, 63 and 64 Vic.) 623f. Nothing contained in the six next preceding sec-Riº e S-> : 4---2 e * tº . as to lighting tions shall affect the City’s rights as to electric street light-civic buildings e (e. ſº g ſº ſº tº e Saved. ing and the lighting of civic buildings and public places. (Sec. 41, Cap. 24, 62 and 63 Vic.) CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Construction of drains by individuals. |Petitions. Submission of petition to Council. Compensa- tion. Payment of compensation. Dccisions of Council to be final. Penalty for obstructing public drains or water COllrS6S. DRAINAGE. 624. Where one or more owners or occupants of land desire to construct a drain, ditch or water-course across the lands of others, for agricultural or sanitary purposes, such person or persons may file a petition with the Clerk, set- ting forth the necessity of the same, with a description of its proposed starting point, route and terminus, and praying that permission be granted for doing the said work, or that the same may be undertaken at the general expense of the City. (Sec. 61, Cap. 32, 58 and 59 Vic.) 625. The Clerk shall lay the petition aforesaid before the Council at its next meeting, and the Council may thereat, or at a subsequent meeting, give the permission asked for in the petition, or may decide to perform the work as a municipal work, or may refuse the same. In the event of it being decided that the work shall be performed, the amount of compensation (if any) to be paid to the owner or occupant across whose lands such drain, ditch or water-course is proposed to be constructed, in lieu of damages to such land, by the petitioner or Council (as the case may be) shall be fixed and determined by the Coun- cil, and it shall in addition be provided that the payment of the amount aforesaid shall be a condition º to the right of such petitioner or Council, or his or its servants or agents, to enter upon the said lands, and to do and perform the said work. (Sec. 61, Cap. 32, 58 and 59 Vic.) 626. Upon the payment by the petitioner or Council to the owner or occupant, across whose lands such drain, ditch or water-course is proposed to be constructed, of the amount of the compensation money (if any) hereinbefore provided leave and license shall be given to such petitioner or Coun- cil to enter upon the said lands and to perform the work. (Sec. 61, Cap. 32, 58 and 59 Vic.) 627. Any decision made by the Council under the pro- visions of the three next preceding sections shall be final and binding upon all persons interested. (Sec. 61, Cap. 32, 58 and 59 Vic.) 628. Any person who shall wilfully and intentionally fill or dam up, cut, injure or destroy, or in any manner impair the usefulness of, any drain, ditch or water-course, constructed or hereafter to be constructed for the purpose of drainage or protection against Overflow, shall, upon con- viction, be liable to a fine of not less than five dollars nor more than fifty dollars and costs, and in default of payment 1902 ; WINNIPEG CHARTER, CAP. 77. 173 to imprisonment for not less than one week or more than two months. (Secs. 61 and 62, Cap. 32, 58 and 59 Vic.) LOCAL IMPROVEMENTS AND SPECIAL AssESSMENTs. 629. The Council may pass by-laws for the following pur- jºy pass p OS62S – by-laws. (a) For providing the means of ascertaining and deter- For ascertain. mining what real property will be immediately benefited by §§. any proposed work or improvement, the expense of which is ...,nts proposed to be assessed, as hereinafter mentioned, upon the ºg real property directly benefited thereby; and of ascertaining and determining the proportions in which the assessment of the cost thereof is to be made on the various portions of real estate so benefited ; (b) For assessing and levying, by means of a special rate, For assessing, the cost of deepening any stream, creek or water-course, and tº draining any locality, or the cost of making, enlarging or Innent.S. prolonging any common sewer, or of opening, widening, pro- longing or altering, macadamizing, grading, levelling, pav- ing or planking, gravelling or making any other kind of street improvement in or upon any street, lane, alley, public way or place, or of constructing any sidewalk, bridge, cul- vert or embankment forming part of a highway therein, or of curbing, Sodding, planting trees upon or planking any street, lane, alley, square or other public place, or of recon- structing any work hereby provided for ; (c) The Council may assume jurisdiction over and make improvements upon and levy local improvements and other assessments in respect of lanes and public places in the City, where the same are not less than twelve feet in width. (d) For regulating the time or times and manner in which Forregulating e tº e time assess- the assessments to be levied under this section are to be ments to be © s: º s" •+5 d paid, etc. paid, and for arranging the terms on which parties assesse for such work or improvements may commute for the pay- ment of their proportionate shares of the cost thereof in principal sums; (e) For effecting any such work or improvements as For effecting * º o e :-- t Said improve- aforesaid with funds provided by parties desirous of having ments with * e f d S *- the same effected. (Sec. 502, Municipal Act.) Hºppºd property benefited. 630. Unaccrued, assessments or levies for local improve ºil, g 3USSCSS ments, whether under a by-law of the City or under the pro-ijº. visions of “The Land Drainage Act,” shall not be deemed ºnces e - s * * as between to be an incumbrance as between vendor and purchaser. (Sec. vendor and 11, Cap. 15, 59 Vic.; Sec. 9, Cap. 23, 1 Ed. VII.) purchaser. 174 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Areas or 631. The City may permit areas or openings to be con- Openlngs. e ſº & structed in or under its sidewalks and streets, and may auth- orize the continuance of any such areas constructed prior to the coming into force of this Act, and may make an annual 㺠charge for such privilege and for the use of the areas or open- for privilege ings theretofore constructed of such sums as the Council may think reasonable, and may enforce the payment of said sums in like manner as City taxes. Bonds and (a) All bonds and agreements entered into before and #.” existing upon said date, between any owner or owners of property in the City and the corporation thereof for indem- nity in respect of such areas, are hereby cancelled and made void as to such indemnity, except as to any rights or causes of action which have accrued thereunder to the corporation owing to any accident or injury arising from negligence in connection with such areas or from the improper use thereof prior to the said date. T e * ge * & • * §§; (b) Neither this section nor any permission or privilege in respect of such areas or openings granted by the City cor- poration under this section shall interfere with any liability created or existing under the provisions of this Act, nor with the remedies over provided by this Act, nor shall this section or such permission or privilege create any vested right in any such area or opening. ; ; 632. The special rate to be assessed and levied shall frontage. be an annual rate, according to the frontage thereof, upon the real property fronting or abutting upon the street or place whereon or wherein such improvement or work is proposed to be done or made. (Sec. 504, Municipal Act.) Local 633. When a local improvement assessment is made in tº respect of any of the matters mentioned in sections 629 to Fºres. 676 of this Act, and such assessment shall be levied upon the lots fronting on the streets in respect of which said as- sessment is made, then, notwithstanding any form or plan of sub-division of land into narrow lots or alienation, sale or other disposition of a part of any lot, such assessment shall be made upon and shall apply to at least twelve feet in depth measured from the frontage of the street or part of street in respect of which the assessment is made. The foregoing shall apply to the assessment for all works here- tofore made or hereafter to be made. (Sec. 10, Cap. 32, 63 and 64 Vic.) ãº, 634. If in any case the first assessment for any such work Yºh., or improvement prove insufficient, the Council shall make a second or other additional assessment in the same manner, 1902 WINNIPEG CHARTER. CAP. 77. 175 and so on until sufficient moneys shall have been realized to pay for such improvement or work; and if too large a sum shall at any time be raised, the excess shall be refunded rateably to those by whom it was paid. (Sec. 505, Muni- cipal Act.) * 635. Nothing contained in the four last preceding sections ºlast Sections not to shall be construed to apply to any work of ordinary repair ºrk or maintenance; but all works constructed under the said ºve. preceding sections shall thereafter be kept in a good and Sufficient state of repair at the expense of the City. Pro-Proviso that * e § preceding vided, however, that, in any case of renewal of construction cºhall or removal of any kind, the foregoing provisions, including tºo: those as to by-law and assessment, shall apply to such re-“” mewal in the same manner as if such work were being pro- vided for for the first time. The provisions of this section shall apply to the cost of a renewal work whether or not the same be different in kind or material from the former local improvement of which it is a renewal or replacement, and whether such former work was made at any time before or shall have been made after the passing of this Act. (Sec. 11, Cap. 20, 60 Vic.) 636. It shall be deemed to have been and to be a suffi-General local cient compliance with the provisions of the five last preced-iº." ing sections if the Council shall have passed or shall pass atºes general by-law or general by-laws providing the means of "* ascertaining and determining what real property will be im- mediately benefited by any proposed improvement, the ex- pense of which is proposed to be wholly or partially assess- ed upon the real property immediately benefited thereby, and cf ascertaining and determining the proportions in which the assessment is to be made on the various portions of real estate so benefited, and to name and appoint in respect of such proceedings the officer or officers of the City whose duty it is to take or perform the same; and it shall not be deem- ed to have been or to be necessary to pass a special by-law for the purposes above mentioned in each particular instance. (Sec. 507, Municipal Act.) 637. Upon the receipt of a petition praying for any of Petition pray- the works and improvements mentioned in the seven last""" preceding sections, signed by at least one-half in number of the owners of the real property to be benefited thereby, such owners representing at least one-half in value of such real property according to the last revised assessment roll, the Council may take all proper and necessary proceedings for the execution and completion of such work or improvements with as little delay as possible. (Sec. 508, Municipal Act.) 176 CAP. 77. - WINNIPEG CHARTER. 1-2 EDw. VII Petition 638. Any such work or impovement may be undertaken ** by the Council, and the assessment of the costs thereof made upon the properties benefited thereby, unless the owners of the real property affected, representing at least three-fifths in value thereof, petition the Council against the same with- §§ººk in one month after the publication of a notice of the inten- taken. tion of the Council to undertake the said work; such notice to be inserted in at least two newspapers published in Notice of the City once in each week for two weeks. Notwithstanding ñº.o. to that any notice of intention heretofore or hereafter to be ñºl, given under the authority of this section has been or shall §§§ be expressed to be a thirty days' notice, instead of for one month, the same shall not be deemed to be invalid nor to invalidate the assessment by-law passed in respect of the work of local improvement indicated in said notice. (Sec. 509, Municipal Act, as amended.) àº; b. 639. No local improvement assessment by-law passed by 1I] Val, 11(18. y e -> e - e • * ~ * providing the Council shall be invalid by reason of the same providing lower rate Of e */ iºstºia; for a lower rate of interest upon debentures than that .*" mentioned in the notice of the Council’s intention. (Sec. 509, Municipal Act, and amendments by Sec. 12, Cap. 20, 60 Vic.) By-law not to * * * t | * jºi. 640. If the owners of the real property affected, repre- sufficiently. Senting at least three-fifths in value thereof, petition the signed petition *— y ºnstit be Council against such assessment within one month after the †ented, publication of the notice of such proposed assessment, the by-law for the levy of the special rate shall not be proceeded with. In the event of any such petition against any such proposed work or improvement, sufficiently signed, being presented to the Council, no second notice of assessment for the same proposed work or improvement shall be given by the Council within one year thereafter. (Secs. 510 and 511, Municipal Act.) jº, 641. The value of the real property which the owners Ill CIl U O 1C © - º e e value of petitioning against the assessment represent may be ascer- ;... tained and finally determined in such manner and by such *** means as are provided by by-law in that behalf, which by- law mav be general, and it shall not be necessary for a by- law to be passed in respect of each case. (Sec. 512, Muni- cipal Act.) Works in 642. In any case, when notice of a proposed improve- CC1'tain CaSGS t may becom ment, work or Service, to be paid for by special assessment pleted before e º - º jº" as a local improvement, has been given by the Council, pur- made. suant to the provisions of this Act, and no petition sufficient- ly signed as aforesaid has been presented to the Council 1902 WINNIPEG CHARTER. CAP. 77. 177 against such proposed improvement, work or service and as- sessment within the time limited in that behalf by this Act, it shall be lawful for the Council, in the same or any suc- ceeding year, to carry on the proposed work, improvement or service to completion before making the assessment there- for; and such notice so given shall stand good as the author- ity for undertaking any such work, improvement or service, and for making such assessment or assessments, and for pass- ing all necessary by-laws, whether the same shall have been or shall be undertaken and completed by the Council giving such notice or by the Council in any succeeding year. (Sec. 513, Municipal Act.) 643. There shall be a right of appeal from any such as-Appeal sessment, whether under a general or a special by-law, in cases º' whereby it is intended to assess the costs of such local im- provement upon properties other than those immediately fronting upon the street or streets, or parts thereof, within or upon which such improvement is made, to the County Judge as is provided for in cases of appeal from or- dinary assessments under this Act. (Sec. 514, Municipal Act.) 644. In the cases referred to in the preceding section Notice of by- no by-law passed by the Council under the pro-º. visions of this Act shall require to be advertised Biven. by the Council in any newspaper, but a written, or printed, or partly written and partly printed, notice of the sitting of the Council or the committee of the Council, sitting as a Notice to Court of Revision for the confirmation of such special assess-ºon ment, shall be given to the owners of each parcel of real * * estate included in such by-law and assessment or to their agents. The provisions of this section shall be read as not saving clause applying to any case in which the assessment for local im-º. provement is made directly upon the properties fronting up- this section. on the street or part of street or streets in which said im- provement is made. (Sec. 515, Municipal Act; Sec. 11, Cap 32, 63 and 64 Vic.) (1) Every such notice shall contain a general description Contents of of the property of such owner in respect of which the same * * is given, the nature of the improvements, works or services, the approximate total cost thereof, the annroximate amount of assessment on the particular piece of property and the time and manner in wihch the same is payable, and shall be signed by the Clerk or the Assessment Commissioner, or other officer to be appointed by the Council for the purpose, and be mailed to the last known address of the person en- titled to notice at least fifteen days before the day appoint- ed for the sitting of said Court of Revision (being the 178 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Council or a committee thereof named or appointed by re- solution), and ten days' notice shall also be given, by publi- cation in some newspaper having a general circulation, of the time and place of the meeting of the said Court, which notice shall specify generally what such assessment is for and the total amount to be assessed. (Sec. 516, Municipal Act.) Notice, how (2) If the address of any said owner or owners be un- ... known, said notice shall be sufficiently given to him or them known. if the same be published in a newspaper published in the City at least fifteen days before the said sitting of the Court Notice t, of Revision. Notice to several owners may be included in OUlC6 EO jºwners one form of notice by publication, provided that it indicates may be in one t * * * * w * #. the parcel or parcels of real property owned by each person to whom the notice is addressed. (Sec. 517, Municipal Act.) Notice of 645. In case it is intended to assess the cost of such local intention to . * e tº a SSCSS improvement upon properties other than those immediately F. .." fronting on the part of the street or streets within or upon tºlocal which such improvement is made, a notice of intention, as hºments provided for in section 638 of this Act, shall be given and such notice shall state the part of street or streets, the pro- perties fronting on which it is proposed to assess, or shall state generally the boundaries of the block or blocks upon which it is intended to levy the assessment, and if it is pro- posed to assess some of said properties at a different rate from others, owing to the greater or less benefit to be de- rived from such local improvement, such proposals shall be indicated in said notice, but it shall not be necessary to de- fine accurately in said notice the varying proportions of said assessment. If the assessments are to be made upon pro- perties other than those immediately fronting on the part of street or streets wherein the improvement is made, or to be made, the notices provided for in section 644 shall be given in the several cases as therein mentioned. (Sec. 518, Muni- cipal Act.) - Notice to be 646. In all cases of any local improvement or work, given when special rate to wherein it is the intention of the Council to provide that a be an annual e rate according special rate to be assessed therefor shall be an annual rate ac- to frontage. cording to the frontage of the real property fronting or abutting upon the street or the portion of the street or place whereon or wherein the work or improvement is proposed to be done or made, it shall not be necessary to advertise the by-law in any newspaper, but it shall be sufficient to give the newspaper notice provided to be given by section 638 of this Act, which notice shall contain a general description of said work, stating the points between which it is to be made, and it shall not be necessary to state therein the value 1902 WINNIPEG CHARTER. CAP. 77. 179 of the real property rateable therefor or the rate to be im- posed upon such real property, and it shall not be necessary to give any other notice to the individual owners of the property to be affected or benefited by said local improve- ment or work. (Sec. 519, Municipal Act; Sec. 9, Cap. 25, 55 Wic., 1892.) 647. Whenever an appeal lies from the Court of Revision Powers of to the County Court Judge under the sections of this Act ºder numbered from 629 to 645, inclusive of both such num-jº...” bers, the said County Court Judge shall, in addition to his º.º. other powers under this Act, have the power to inquire and determine what other lands (if any) than those included in the assessment appealed from are or will be specially bene- fited by the proposed work or improvement, and to add such land to the assessment, notwithstanding such lands or any part thereof may not have been specified in any notice of appeal to the said Judge; and the said Judge shall cause all parties to be affected by the addition to the assessment of their lands to be motified of the time and place when and where the said appeal and matter will be considered, and may for that purpose adjourn the hearing of the said ap- peal from time to time. (Sec. 520, Municipal Act.) 648. If, in the case of the construction or repair of a Power to sº g e assess lands bridge or culvert or the opening up and extension of any benefited by * > * local improve- street, lane or alley, the Council shall determine that real ºil property other than that fronting or abutting upon the jº." street, lane or alley whereon or wherein the improvement is made, or to be made, is specially benefited and ought to be charged with a part of the cost thereof, including the price of and the cost of purchase or expropriation of the necessary lands or other property, and shall determine the proportion in which the cost of the improvement shall be assessed against the lands so benefited, the Council shall assess and levy the proportion of the cost of the improvement charge- able against the lands benefited, but not fronting or abutting upon such street, lane or alley, by a frontage rate in like manner as the same would be assessed and levied in the case of lands fronting or abutting upon the street, lane or alley whereon or wherein the improvement is made or to be made. (Sec. 521, Municipal Act.) 649. In case there has been or shall hereafter be a change Apportion- e e º e e e tº ment of local of plan of sub-division or a division of the ownership of iºenent any parcel or parcels of land upon or in respect of which a ºr special rate for local improvement has been or shall here-º, after be levied or assessed, the Assessment Commissioner, occurs. both in respect to arrears and also to the special rate for future years, may apportion to and against each respective 180 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Mode of assessing part of the original parcel or parcels of land such propor- tion or share of the sum originally assessed against the same as he shall deem just, and the sum or sums so re-apportioned shall be levied and collected as if they had in the original 'by-law been assessed against the parcels according to the re- subdivision or division of ownership. The limitations as to the amount of assessment provided by section 654 hereof shall not apply to such re-apportionment. (Sec. 522, Municipal Act, as enacted by Sec. 10, Cap. 25, 55 Vic.., 1892.) 650. The Council may, by by-law, provide an equitable corneriots and mode of assessing, for local improvements, works and ser- irregularly shaped lots of land. Special assessment of lands deemed unfit for building purposes. Special assessment of land fronting On any park, Squal'C, Ct.C. vices, corner lots and triangular or other irregularly shaped pieces of land, lots fronting on a river and lots having end or side frontages on lanes, having due regard to the situa- tion, value and superficial area of such lots, as compared with adjoining lots and pieces of land assessable for such im- provements, works and services, and may charge the amount of any allowance made on any such lot or piece of land on the other real property fronting on the improvements, or as- Sume the same as a portion of the share of the work or im- provements; but any such assessment shall be subject to ap- peal to the Court of Revision and from the Court of Re- vision to the County Court Judge as herein provided. (Sec. 523, Municipal Act.) 651. Where the lands on either side of a street, lane or alley in the City, in the opinion of the Council, are from any cause unfit for building purposes, and the Council deem it inequitable to assess the same for local improvements at as high a rate as the building lots fronting on said street, lane or alley, the Council shall in all such cases determine in what proportions the cost of any such improvement shall be borne by the lands on each side of said street, lane or alley respectively. (Sec. 524, Municipal Act.) 652. Real property adjoining and fronting on any park, square, public drive or boulevard shall be specially answer- able for and in respect of the improvements, works and ser- vices made, done or provided upon or in any such drive or boulevard in like manner as real property fronting or abut- timg upon any public street; but where a public park, square, drive or boulevard exists, or may hereafter be estab- lished, the lands adjoining it not exempt from taxation shall be answerable only in respect of such improvements, works and services to the extent to which such lands are specially benefited by such improvements, works and services; and where the lands on one side of such drive or boulevard are a public park or square, or for other reasons are exempt from 1902 WINNIPEG CHARTER. CAP. 77. 181 taxation, at least one-half of the cost of such improve- ments, works and services shall be borne by the City gener- ally, and no petition against any such assessment shall avail to prevent the carrying out of any improvement, work or Service in any such park, square, drive or boulevard, and the making of such special assessment. (Sec. 525, Muni- cipal Act.) 653. In ascertaining and determining the cost of drain-Branch drains. ing any locality, or of making and laying or prolonging any \ common sewer, the Council may estimate the cost of the con- struction of branch drains to the line of street, and include the cost of such branch drains in making the assessment for such drains or common sewer as a local improvement. (Sec. 526, Municipal Act.) 654. The special assessment for any common sewer or Hººpº fºot drain in any street, lane, court or thoroughfare or section º: of the same shall be imposed and paid as follows: Each ...” Owner of real estate situate on either side of such street or Of Se Wel'S thoroughfare, unless otherwise exempt, shall pay to the City the sum of two dollars for each and every lineal foot of his property fronting thereon, and, if the same be paid by special assessment extending over a term of years, interest at five per centum per annum shall be charged as in other cases; the remaining expense (if any) shall be borne by the City. (Sec. 17, Cap. 25, 55 Vic.; Sec. 20, Cap. 23, 56 Vic.) 655. The twenty-seven last preceding sections shall apply Retroactive to the case of any sewer not yet constructed, but for the con-f." struction of which a by-law may have been passed, so as to sections. enable the City to assess a part of the rate on real property other than that abutting on the street or streets wherein the improvement is made and to raise and provide the moneys necessary to be furnished by the City for the con- struction of the same, either as its share of the cost or as the portion for which an assessment is hereafter to be made on the real property so benefited but not abutting on the street or streets wherein such improvement is made. 656. The Council may provide that a plan or plans be provisions for made, under the supervision of the City Engineer, showing ...” part or parts of the City where sewerage or drainage would sewers. find an outlet through any sewer now being or hereafter to be constructed, such plans to be known as “Sewerage Sys- tem. Plans ? and to be filed in the Engineer’s office. 657. In case the Council be about to construct, renew or special alter the character of a pavement, the Council may, before ..." 182 WINNIPEG CHARTER. CAP. 77. 1-2 EDW. VII ºnnections in laying down such new pavement, put in all necessary private Connection with construc- tion of pave- ments. Sewers near Red and Assiniboine Rivers. Council may delay assess- ments until connections made. Assessments to be paid when connec- tions made. §º case first assessment shall have been made. ity may act in like In all Il CI’. drain connections from any existing drain or sewer upon Such street, or portion thereof, to the street line on each side of such drain or sewer, and may assess and levy the cost thereof upon the particular property benefited thereby as part of its share of the cost of said local improvement, pur- Suant to the provisions of this Act. (Sec. 530, Municipal Act.) 658. Whereas in certain cases the City has constructed Sewers in streets parallel and near to the Red and Assini- boine Rivers, and the owners of the properties fronting on said streets had already made drainage connections with one or the other of the said rivers, and it is inequitable to assess such properties or their owners for the proportionate cost of said sewers until they respectively connect with the same, and the City has agreed to delay said assessment; the City is hereby authorized to delay making such assessment in such cases until sewer connections are respectively made from such properties as aforesaid, and may, when any such con- nections are made, assess such properties or sub-divisions of same at the respective rates and amounts charged the other properties under the by-law relating to such sewers; and, not- withstanding that the period of assessment named in any such by-law shall have previously expired, the Council may continue the assessment on the properties as aforesaid until they shall have paid an amount equal to that fixed by by-law for their proportionate cost of said sewers according to front- age, together with the rate of interest provided for by the by- law, but no interest is to be charged for the time elapsing between the construction of the sewer and the time when a The City is also authorized, in future cases where the conditions are similar to those hereinbefore set out, to delay such assessment until Sewer connections are made as aforesaid, and then to make †ement to the assessment in the manner hereinbefore provided. And (10 ay assess- mentS. Equalization of sewer con- structions When sewer not in middle Of Street. any agreement heretofore or hereafter made between the City and parties interested in lands affected as aforesaid, provid- ing for assessment after such period of delay, shall be deemed valid and binding. 659. The Council may provide for equalizing the cost of making sewer connections as against the properties on the two sides of the street where the sewer is not in the middle of the street, and the City may, for such purpose, charge against the properties on the side of the street nearest to which the sewer is situate such sum over and above the act- ual cost of the Sewer connection as would have extended it to the middle of the street. (Sec. 5, Cap. 23, I Ed. VIf.) 1902 WINNIPEG CHARTER. CAP. 77 c 183 660. The Council shall have power to direct sewer con- gouncil may nections to be made between a sewer in any street or part .." thereof and the properties fronting on such street, and such "** connections shall be made by the City Engineer or under his inspection (if made by the property owner). If the said connection be made by the City, the City Engineer shallºt.; make a certificate of the cost of same, stating therein the number of the lot or parcel of land with which such con- nection has been made and shall file said certificate with the Assessment Commissioner, and the amount of such cost as so certified shall be added to the taxes of the land or parcel of land named in said certificate in the Collector’s rolls pre- pared next after the filing of said certificate, and the said cost shall be collected in the same manner and shall be treat- ed in all respects as ordinary taxes due upon the said land. (Sec. 12, Cap. 20, 57 Vic.) 661. Upon the report of the City Engineer, or Health Concil may Officer recommending the same, the Council shall have power tº to direct sewer or waterworks connections or both to be jº"** made between any lot or property (whether occupied, built necessitiº upon or not) and the sewer or waterworks main in the street upon which such lot or property fronts, and the City shall make or construct such connection. The City Engineer shall make and file a certificate as to such sewer connections as in the last preceding section hereof, and the cost of the work shall be treated as ordinary taxes and shall be charged and collected against the property or lot with which such con- nection is made, as provided in said last mentioned section. And upon the report of either the City Engineer, or the Payment of Health Officer recommending the same as a sanitary neces-“"“” sity, the private drain or sewer connection may be extended into any such lot or property, and the cost of the work shall be treated as ordinary taxes and charged and collected against such lot or property in the manner hereinbefore pro- vided. (Sec. 14, Cap. 24, 62 and 63 Vic.) 662. When the Council constructs, renews or alters a when pave. tº * * • wr: , ment, Con- pavement it may make and place all necessary driving or structed, etc., other approaches and crossings to private property, and the ºil may cost of each shall be added to the amount of frontage assess- approaches to g e Jrivate ment chargeable to such properties and collected in the ºty. same way as the cost of other local improvements. (Sec. 15, Cap. 24, 62 and 63 Vic.) 663. The Council may permit the owner or owners of Improvements land in the City to build or improve the sidewalk in front; i.” of his or their lands, under the direction of the Council or owner's lands. any officer thereof appointed for that purpose, and accord- 184 CAP. 77 ‘. WINNIPEG CHARTER. 1-2 EDW. VII ing to such plans and regulations as the Council may pre- scribe, in which case the owners or occupants of such lands shall be exempt from all taxes for improvements of a like nature so long as he or they shall keep the same in repair to the satisfaction of the Council. (Sec. 531, Municipal Act.) Council may 664. Where it shall in the opinion of the Council be 8,SSlllll C * ſº gº of cost deemed expedient and necessary to construct or repair improve- bridges or culverts on any street, lane or alley, or to open up lmentS. or extend any street, lane or alley within the limits thereof, for the more immediate convenience or benefit of any local- ity within such limits, and the Council is of opinion that from any cause it is inequitable to charge the whole of the cost of the improvement on the lands fronting thereon, the Council shall determine what lands are benefited by such works or improvements and the proportion in which the cost thereof shall be assessed against the lands so benefited, and also the proportion (if any) of the cost of the improve- ment which shall be assumed by the City as its share there- ºut of. Provided, always, that the share or pronortion of the §º cost of such improvement assumed by the City may be pro- COSt.S. vided for by the issue of debentures upon the credit of the City at large in like manner as in the case of its share of other local improvements. (Sec. 532, Municipal Act.) By-laws for 665. In any case where, in the opinion of the majority Tal S1 Ingº, Ill Ol) (2 e º ſo te tº fºu'" of the whole Council, the constructing, erecting or maintain- ºve. ing of any bridge, culvert or embankment, the deepening of any stream, creek or water-course, the draining of any lo- cality, or the making, enlaroing or prolonging of any com- mon sewer, or the opening, widening, prolonging or altering, macadamizing, grading, levelling, paving or planking of any street, lane, alley, public way or place, or of constructing any sidewalk forming part of a highway therein, or of curb- ing, sodding or planking any street, lane, alley, Square or other public place, or of reconstructing any work hereby provided for, benefits the City at large or generally, and that it would be inequitable to raise the whole cost of such improvement or work by local special assessments, the Council may pass a by-law for borrowing money, by the issue of debentures upon the credit of the City, to provide as the corporation’s share of the cost of such improvement or work, an amount not exceeding four-sevenths of the whole cost thereof; and no such by-law shall require the assent of the electors before the final passing thereof. (Sec. 533, Municipal Act.) IBorrowing 666. The Council may pass, all by-laws necessary, from tºº. of time to time, to raise loans and borrow moneys, required for ºnprove any local improvements and works, on the credit of the City 1902 WINNIPEG CHARTER. CAP. 77. 185 at large; and it shall not be necessary to obtain the assent of the electors of the City to the passing of any such by-law under the provisions of this Act, any special or private Act in that behalf to the contrary notwithstanding. (Sec. 534, Municipal Act.) 667. Debentures may be issued under local improvement Debentures to by-laws, on the security of special assessments therefor; but º' such debentures form no part of the general debt of the debt. City within the meaning of this or any Act fixing the limit of such general debt; 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 at large as aforesaid, but it statements in shall be sufficient to state in any such by-law that the ** amount of the general debt of the City as therein set forth is exclusive of local improvement debts secured by special Acts, rates or assessments. (Sec. 535, Municipal Act.) 668. The City shall be liable for, and shall pay to the city liable to holders thereof, the whole of the principal and interest as ...” 4. a £ & * - wº . a * Tº improvement the same falls due in respect of debentures to be issued for depentures local improvements and works, including not only the share for their full j 8-> amount. assumed by the City, but also the part repayable by special - a SSGSS]]]CInt. 669. Every debenture issued under this Act for local im- form of provement purposes may bear on its face the words “Ilocal * Improvement Debentures,” and shall contain a reference by date and number to the by-law under which it is issued. 670. The Council may, from time to time, after the pass-pyjaw son. age of the several by-laws covering the several amounts re- º, quired for particular local improvements as therein speci-issue of local, fied, without in any way affecting the liens on the lands there- jºint in named and to be improved thereby, further pass a col- lective or cumulative by-law consolidating such several amounts, and issue the required debentures in a general con- secutive issue under such consolidated by-law, apportioning nevertheless the amount raised thereby and crediting each service with the amount previously estimated and named for the same under the individual by-law passed in the first instance. The Council shall insert a clause in such indi- g vidual by-laws intimating that the amount of debentures to be issued thereunder is subject to consolidation, and in such case it shall be sufficient to state in such individual by-laws that the said amount of debentures to be issued thereunder shall be issued at so many years from the date of issue of the same, without defining a specific date. (Sec. 13, Cap. 25, 55 Vic.., 1892.) 186 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Mºjº. 671. The debentures issued to pay for that part of the of debentures. g t e work payable by local assessment may be issued as a series distinct from those required to pay for that part which is to be borne by the general funds of the City, or all the deben- tures required for the work may be issued in one series as Local Improvement Debentures. (Sec. 536, Municipal Act.) flººrs to 672. No local improvement by-law passed, making a I' cly Y ge e jºi. Special assessment for the issue of debentures or for the mak- C * I a r & tº to lºcº ing of a special assessment, shall require the assent of the ratepayers of the City, but every such by-law shall recite:– Recitals. (a) The amount of the debt which such by-law is intended to create, and in some brief and general terms the object for which it is to be created; (b) The value of the whole real property rateable under the by-law as ascertained and finally determined as aforesaid. (Sec. 537, Municipal Act.) ºna 673. For the purpose of enabling the Council to avoid the loans. necessity of making supplementary assessments or refunding in case of over assessments, and of ascertaining the exact cost of any work or improvement done or constructed as a local improvement under the provisions of this Act, they may and they are hereby authorized and empowered to make agreements with any bank or any person or body corporate for temporary advances and loans, until the completion of the work or improvement, for meeting the cost thereof, and they may and they are hereby authorized and empowered at their option to make the special assessment for the cost thereof after the work or improvement, as the case may be, shall have been completed and to pass the necessary by-law auth- orizing the issue of debentures to repay the amount of the temporary loan in advance. (Sec. 538, Municipal Act.) º, 674. Every special assessment by-law shall provide for mºntº the payment of the special assessment within the probable life of the work or improvement for which such debt has been incurred, as certified to by the Engineer or other prop- er officer appointed by the Council for that purpose; in the case of a wooden pavement not to exceed seven years, and * in the case of a sewer not to exceed fifteen years. In other cases the time for special assessments shall be in keeping with the life of the improvement for which the debentures are issued or assessment made. (Sec. 539, Municipal Act; Sec. 15, Cap. 25, 55 Vic.., 1892; and Sec. 14, Cap. 20, 57 Vic.., 1894.) Certain works 675. Any local improvement or work, in respect of which r b b gº tº e *...*..." the local or special assessment is intended to be made only 1902 WINNIPEG CHARTER. CAP. 77. 187 on those properties fronting or abutting on the street or tion of Council º e and notice Streets or parts of streets wherein or whereon the improve- ºntºi in ment is made, may be begun and proceeded with upon resolu-" " tion of the Council and after the notice mentioned in sec- tion 638 of this Act has been given, and no other preliminary proceedings need be had ; but before the collection of the rate to be levied for the expenses not borne by the Council a by-law of the Council must be passed fixing the proportion to be paid upon each of the respective properties or portions of properties, or interest of any nature in said property or any part thereof; and all debentures issued by the Council for the payment of the said work may be issued prior to the commencement, during the progress or after the termina- tion of the said work, and the said debentures, and all pro- cedure in and about the issue of the same, shall, in all re- spects, be as binding as if the said debentures had been issued and the money realized upon them. (Sec. 540, Municipal Act.) 676. If, in any case a debt has been incurred by the City when special e d a SSCSSImentS for any work or improvement done or constructed under the j. provisions of the forty-nine last preceding sections and after ... be the incurring of the said debt, the special assessment for such made. work or improvement or the by-law providing for borrowing money therefore be set aside or quashed, either wholly or in part, on the ground of any irregularity or illegality in the making of such assessment or passing of such by-law, it shall be lawful for the Council, and they are hereby author- ized, to cause a new assessment or assessments to be made and to pass a new by-law, as often as may be necessary, to provide funds for the payment of the debt so incurred for such work or improvement. Provided, always, that nothing But local herein contained shall be construed as authorizing any as º' sessment to be made or work or improvement to be under-;.” taken under the forty-nine last preceding sections except the same be initiated in some one o the four methods following, that is to say:— (a) Either on the report of the Engineer or other sani- on report of tary officer and of a committee of the Council recommend- #º OI’ ing the proposed work or improvement for sanitary or drain-º.” age purposes, adopted by the Council; or— (b) On a petition of the owners of the real property bene- on petition of OWI) GrS (c) After due notice as above provided of the proposed on notice assessment, and no petition of the owners of the real property ... affected against the proposed assessment, sufficiently signed, nº being presented to the Council within the time limited there- for; or— 188 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII On report of health officer, Ctc., Sewer may be con- Structed as Sanitary 11ecessity. Persons whose lands are affected may be heard by Council. Special assessments not to be remitted. Free library. By-law to provide a building for public library, etc. (d) The Engineer and Health Officer shall have recom- mended same as a sanitary necessity, and, if the Council, after the expiration of one month after the publication of the notice mentioned in section 638 of this Act, affirm, by a vote of two-thirds of all members of the Council at a regular meeting thereof, that it is desirable and necessary in the public interest as a sanitary necessity to construct, make, enlarge or prolong a sewer or sewers as a local improve- ment, such work may be proceeded with notwithstanding any proportional adverse petition. Any persons interested or whose lands may be affected may be heard by the Council in respect to such work. (Sec. 541, Municipal Act; Sec. 13, Cap. 32, 63 and 64 Vic.) -- - 677. Upon the coming into force of any by-law making or providing a special assessment for any local improvement the Council shall not have the power to remit the whole or any part of such assessment, and said assessment shall con- tinue a charge upon the lands affected thereby until the same is fully paid. (Sec. 18, Cap. 25, 55 Vic.., 1892.) FREE LIBRARY. 677a. The City may pass a by-law to incur and create a debt not exceeding $15,000, by the issue and sale of deben- tures of the City, for the purpose of purchasing a site for a public library, such debentures to bear such rate of interest, payable at such times and places as the Council shall direct, and the principal of same to be payable at a time not more than fifty years from the date of the issue of the debentures. Notwithstanding the provisions of this Act the said by-law need not be submitted to a vote of the electors, but when passed by the Council shall be in all respects valid and binding. 677b. The City may pass a by-law to incur and create a debt not exceeding fifty thousand dollars, by the issue and sale of debentures of the City, for the purpose of purchasing a site and erecting, equipping and furnishing a building for the City’s Public Library and the necessary offices connected there with. Such debentures shall bear such rate of interest and be payable at such time and place as the Council of the City shall direct, and the principal of same shall be payable at a time to be fixed by the Council not more than fifty years from the date of issue of the debentures. But such by- law, before being finally passed, shall be submitted to and approved by the electors qualified to vote upon money by- laws under the provisions of this Act in the manner.therein provided, but the provisions of this section shall not be acted 1902 WINNIPEG CHARTER. CAP. 77. 189 upon if the money be raised by the City under the following section:— .* * 677c. The City may pass a by-law to incur and create a Equipping . debt not exceeding thirty thousand dollars, by the issue and §§ sale of debentures of the City, for the purpose of equipping and furnishing with books a free public library. Such de- bentures shall bear such rate of interest and be payable at such times and places as the Council of the City shall direct, and the principal of same shall be payable at a time to be fixed by Council not more than thirty years from the date of issue of the debentures. Such by-law, before being finally passed, shall be submitted to and approved by the electors qualified to vote on money by-laws, and it shall be deemed to have been approved by the filéctors if a majority of those actually voting upon the same have voted in favor thereof. 6770. The City may pass a by-law to incur and create a Quarantine debt not exceeding $15,000, by the issue and sale of deben- "* tures of the City, for the purpose of erecting, establishing and furnishing a quarantine hospital (including, if necessary, the purchase of a sites therefor). Such debentures shall bear such rate of interest, payable at such times and places, as the Council shall direct, and the principal of same shall be made payable at a time to be fixed by the Council not more than fifty years from the date of issue. Notwith- standing the provisions of this Act such by-law need not be submitted by the Council to a vote of the electors, but when passed by the Council shall be in all respects valid and binding. (Sec. 25, Cap. 32, 63 and 64 Vic.) SINKING FUND. 678. The sinking fund to redeem the outstanding deben-Sinking fund tures of the City shall, in each and every year, when received a CCOllnt. by the Treasurer, be deposited by him in some chartered bank to be designated by the Council to the credit of a spec- ial account to be called “The Sinking Fund Account of the City of Winnipeg,” and the same shall be invested by three Trustees for trustees, two of whom shall be appointed by the Court of ..." Ring’s Bench or any Judge thereof, on application by the City Solicitor on behalf of the City, and the third by the Council from one of their number, in bonds, mortgage Se- curities or such other good, safe and valuable securities as Investments. the said trustees may think best; and the said trustees, after their appointment as aforesaid, shall have the power of re- quiring the said Treasurer to pay from out of such funds 190 CAP. 77. WINNIPEG CHARTER. 1-2 Edw. VII Remuneration of trustees. POWers of trustees to collect money S. Foreclose mortgageS. Sell the mort- gaged proper- ties. Dealing With property. Execution of conveyances. so deposited to the special account aforesaid such sum or sums of money as the said trustees shall from time to time require for investment; and any and all sums of money com- ing into the hands of the said Treasurer from the present temporary investment of the sinking fund shall be applied in the manner and to and for the purposes above mentioned; which said trustees shall be paid an amount not exceeding five dollars each meeting, the number of meetings not being more than twenty during any one year; the Council to find office room; all other costs, charges and expenses, including cost of repairs, collection of rents, legal expenses and clerical assistance, to be paid out of and from the sinking fund; and the said trustees shall, whenever required by the Council, give a detailed statement in writing of the said fund and the manner in which the same is invested; and in no case shall the funds of the sinking fund account be withdrawn without the consent of the said trustees. The trustees ap- pointed under this section, or now holding office, shall hold office until removed therefrom by the Council or Court in manner provided for their appointment in this section; and the said trustees shall have as full power and authority to deal with the said sinking fund as the Council could have. (Sec. 556, Municipal Act.) O 679. The said trustees shall have full power, both at law and in equity, to collect all moneys due upon mortgages or other securities in which portions or all of the said fund have in the past been, or may in the future be, invested, and may take all steps in regard to the adjustment, compromise or collection of the same, and shall have full power to fore- close the said mortgages and the parties making the same and all parties having any interest or claim in or to the property or properties covered by the said mortgages; or they may sell the said properties under power of sale, or other- wise, and give good and valid title to the same; and the said properties, when foreclosed as aforesaid, shall, to all intents and purposes, be vested and remain vested in the City, with power to sell and transfer and deal with the same in as full and ample a manner as they could be dealt with by a private individual in his own name; and the said properties may, by the trustees and at their discretion, be leased, rented, insur- ed, occupied or otherwise dealt with from time to time for the benefit of the said trust fund ; and when deeds of con- veyance are made, of any or all of the said properties, they shall be signed by not less than two of the said trustees in their official capacity, one of whom shall be the representa- tive of the City; and when payments are made of the said mortgages or any part of the same, or of any other claim in favor of the said fund, the said trustees, or any two of them, * 1902 - WINNIPEG CHARTER. CAP. 77. 191 One of whom shall be the representative of the City, shall sign discharges of the said mortgages or parts of the same, Discharges. and in a similar way all other receipts, matters or claims are to be signed by the said trustees, but all such discharges when given are to be given in the name of the City; and all funds coming into the hands or under the control of the said Deposit of trustees for the benefit of the said fund, in manner afore." Said or in any other manner whatever in the discharge of their said duties as trustees, shall be deposited by them in a distinct and separate account, in some one of the chartered banks of the City of Winnipeg, called “The Sinking Fund Account,” and no part of this account shall in any case be withdrawn by them, or by any other person, except upon cheque signed as aforesaid, and except for the due carrying cheques. out of the said trust and for the just and proper administra- tion of the same; and it shall be the duty of the said trus- tees from time to time to invest the said fund, or any por- Investments. tion thereof, in bonds, debentures or other good and valu- able securities, for the advantage of the said fund, and they shall have power to sell, assign, transfer or deal with the same to the best advantage for the benefit of the said fund, the intention being that in all things and under all circum- General stances the said trustees shall have full power and authority P* to invest and re-invest the said funds or any part thereof, and to collect, compromise, transfer, assign or in any way deal in regard to the same for the benefit of the said fund, in as full and ample a manner as they could do if acting for themselves in their own names as private individuals; and all acts done by them in the past in regard to the collection Past acts of the said mortgages, or the foreclosure or sale of the pro-" perties, or in and about the same, are hereby ratified and confirmed. (Sec. 557, Municipal Act.) 680. At all meetings of the said trustees, called by the Quorum. chairman or, in his absence, by either one of the other trus- tees in the usual way, two of the number shall form a quorum; and all acts done or performed for or on behalf of the said trustees by the said quorum shall be as effectual as if done or performed by the three trustees. (Sec. 558, Municipal Act.) - 681. Said trustees may purchase any of the debentures Trustees may of the City, including, among others, debentures issued for º,9ty the payment of sinking fund for one or more years for which a rate may not have been levied. (Sec. 559, Muni- cipal Act.) 682. The Council, at any time, by resolution, may require council may the trustees not to invest any part of the sinking fund in jot to 192 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII invest sinking the manner provided in the three last preceding sections, fund, and that investments and also that the investments already made be called in and may be called } iºni sã" the amount and amounts due thereupon be collected and into sinking & * h !-- l-S tº } & tº } #."...at paid into the sinking fund account of the City; and upon such resolution being communicated to the said trustees they shall not make any further investments as aforesaid until rescission of such resolution, but shall proceed to call in and realize upon those already made so fast as the same mature. (Sec. 560, Municipal Act.) ºw 683. In such case the Council shall have no power to money from withdraw any moneys from said account except as provided Said account. • d. ... " e © © in the next following section. Provided that said account may be transferred from one chartered bank to another, and Proviso. shall be kept in some chartered bank at compound interest. (Sec. 561, Municipal Act.) sinking fund 684. The sinking fund which shall be to the credit of ºf the City, as debentures now outstanding shall mature, shall debentures be applied to the payment of the same at the date of such - maturity or may be used in the purchase thereof before maturity. (Sec. 562, Municipal Act.) By-law for 684a. The City of Winnipeg may pass a by-law to incur §§§o and create a debt not exceeding four thousand dollars, by the É... issue and sale of debentures of the City, for the purpose of constructing or contributing to the cost of constructing an improved roadway between the City limits and Brookside Cemetery through the Municipality of Rosser. Such deben- tures shall bear such rate of interest, and the interest and principal shall be payable at such times and places, as the Council shall direct, and said by-law need not be submitted to a vote of the electors, but when passed by the Council shall be in all respects valid and binding. By-law for 684b. The City of Winnipeg may pass a by-law to create §§§" a debt not exceeding the sum of $92,000, by the issue and Board. sale of debentures, for the purpose of paying several claims accruing due by the City to the School Board for the School District of Winnipeg, Number 1, to enable the School Board to pay off certain debenture indebtedness falling due on or about November, A.D. 1902, in pursuance of an agreement set out in Chapter 40 of the Statutes of 1898. Said deben- tures shall be made payable at such places and at such time not exceeding thirty years, with a rate of interest not ex- ceeding five per centum per annum, as may be fixed by the City Council in the said by-law. Notwithstanding any of the provisions of this Act or of “The Municipal Act ’’ such by-law need not be submitted to a vote of the electors, but upon being passed by the Council shall be valid and binding. 1902 WINNIPEG CHARTER. CAP. 77. 193 CONSOLIDATION OF DEBENTURE DEBT. 685. The Council shall have full power of giving, issuing Consolidation or disposing of bonds or debentures or other instruments of **** the City, for the purpose of taking up or exchanging for or Issue of bonds. paving off old bonds, debentures or other securities of the City, as to the Council may seem meet, and shall also have the power to issue the whole or any of such bonds, deben- tures or other securities at such times and in such amounts By-law need * r not be sub- as to the Council may seem meet. The by-law or by-laws littéâto from time to time passed for the purposes of this section shall “” not require to be submitted to the electors for their consent. (Sec. 563, Municipal Act.) 686. Such bonds, debentures or other instruments, so to Time of pay. be issued, may be payable at such time or times as any by- ãºres. law authorizing the same may provide, not exceeding fifty years, and the by-law may or may not provide for a specific Sum to be raised annually for the formation, of a sinking sinking fund. fund. (Sec. 564, Municipal Act.) 687. In the event of all or any portion of the bonds or Appropria; debentures of the City, for the repayment of which the pre- flººk sent sinking fund of the City was established, being paid whº ºbts to off, taken up or exchanged for new bonds or debentures º issued inder the provisions of this Act, then the whole of wº that part of the said sinking fund, in proportion to the amount of bonds or debentures so paid off, taken up or ex- changed, shall be appropriated to assist in paying off bonds or debentures of the City now existing and in force, or to contribute towards a sinking fund for the repayment of bonds or debentures to be hereafter issued by the City in manner and form aforesaid. (Sec. 565, Municipal Act.) 688. The borrowing powers of the City shall be restrict- Restriction of ed to the sum of three million dollars until the value of the º'" real estate in the City, according to the last revised assess- ment roll, amounts to the sum of twenty-five million dollars, but the amount of the sinking fund for the time being at the credit of the City shall, to the amount thereof, be con- sidered as a reduction of the debt of the City; the mean- ing of this section being that, whenever the indebtedness may reach the sum of three million dollars, thereafter, at any time when the said debt may be reduced from any cause to an amount below that sum, the same may again be in- creased to three millions and no more. 194 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII STREET RAIL WAY AssEss>{cNT. Street Rail- 689. In every case of construction or renewal of any . §§ kind of pavement upon any of the streets or portions of streets §§" occupied by the Winnipeg Electric Street Railway Com- pany, or on any parts of same, the said Company shall have the option of constructing their portion of any such pave- ment, proceeding with such construction at the same time as the City’s portion is constructed, provided always that such work shall be the same as that done by the City; or, at the Company’s request, the City shall construct the same, and in If constructed every case the City shall assess the annual rate, covering §§y to interest and sinking fund, the rate of interest upon debt and Pºnnual upon investment of sinking fund to be the same as charged and allowed to frontage owners and extending over a like period as that upon which the assessment upon the adjacent ratepayers is adjusted, upon the said Company for the cost thereof, with full power to the City to raise such sum by an issue of debentures and to collect the same in the manner provided under this Act for the construction of improvements. Company not (a) This clause, however, shall not have the effect of released of © e liability. compelling the Company to build or pay for any pavement which the Company is not liable to build or pay for, nor shall anything herein contained release or relieve the Côm- pany from its liability as at present existing under By-law 543 of the City of Winnipeg, or any future liability under any contract or statute now in force or which may hereafter be in force as to construction or paying for pavements. When work (b) The said request by the Company shall be taken É.” to have been made if the Company do not, within sixty days after newspaper notice of the intention of Council to under- take a local pavement improvement under the provisions of this Act, or by direct notice of similar intention given to the Company or its proper officer, express in a written notice to the Council its intention to construct its own portion of the pavement, or unless the Company shall have boma fide commenced and are proceeding with its part of the pavement to the satisfaction of the City Engineer. In the event of the Company not proceeding to the City Engineer’s satisfaction he shall take charge of the construction of the Company’s part of the pavement and perform the same at the expense of the City, in which case the City shall assess and the Com- pany shall repay to the City the cost thereof as hereinbefore provided. Çity to have (c) The said special assessment shall be treated as taxes, first lien On - property of and the City shall have a first lien upon all the assets and 1902 WINNIPEG CHARTER. - CAP. 77. 195 property and franchises of the Company, its successors and Company for assigns, for said assessments, both those which may have at º' any time accrued due or thereafter are to accrue due; and the City shall have all the rights contained in this Act for the levy and collection of the same from and against the said Company. And further that, notwithstanding the abandon- ment cesser of operations or the taking up or removing of any line or lines by the said Company before the expiration of such improvement assessment period, the Company, its property, assets and franchises shall still remain liable for the unpaid and accruing instalments of assessment. And further that in any such case the then present value of said assessments, including any then accrued due on such line or lines, shall be due and payable forthwith by the Company to the City, and may be collected and levied by the City as if the same were then due as taxes or special local improvement asSeSSments. (d) In the case of any petition for or against a proposed company not avement, whether proposed upon the initiative of the City º p ºv, prop l ty OWner of real Council or not, the Street Railway Company shall not, in ** 5 2 respect of its lines of railway and appliances and cars along or upon any street or streets, be counted as an owner of real property affected, nor shall its said lines, appliances or cars in any way be taken into account in computing the real prop- erty affected. (e) In case of the Company making default in paying ºdure any pavement assessment or assessments upon or in respect º in of any pavement or pavements, or under any by-law therefor, "" for a period of eighteen months the whole of the assessments, both those due and those for future years, shall be wholly due and payable at the then present value of the whole of said assessments, together with the interest upon the assess- ments in arrears. ALTERATIONS OF STREETs. 690. In the City, as it existed previous to the passing of Alteration of Chapter thirty-six of the Acts passed in the forty-fifth year." of the reign of Her late Majesty Queen Victoria, when al- terations are made in any street or thoroughfare a distance less than the width of such street or thoroughfare shall not have the effect of shutting out the owner of any lot formerly fronting on such street or thoroughfare as altered; and the area between the limits of the old street and the correspond- ing limit of the new street shall be vested in the owner of the lot fronting on the same, and the said owner, shall pay compensa. to or recover from the said City such compensation as the tion: 196 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII altered position of such lot or lots would render fair and just, and, if the said owner and the said City cannot agree On the amount of such compensation, then the amount shall be determined in accordance with the arbitration clauses of this Act. (Sec. 570, Municipal Act.) CEMETERIES, PARKs, ETC. Power to 691. The Council may pass a by-law or by-laws to ac- tº quire by purchase, or by and under the expropriation or §" arbitration provisions of this Act, or otherwise, a sufficient amount of land for the purposes of a cemetery or cemeter- ies, or park or parks, or a site for an agricultural, indus- trial or other exhibition, within or without the limits of said City; and the Council may erect such buildings and make such regulations respecting the same as the Councii Debentures to Sees fit, and the said Council shall have power to issue de- §§rysites bentures to pay for such cemeteries or parks or site for * such exhibition and buildings, and to meet the cost of lay- fººt. ing out and improving the same. | Such by-law must receive Sºciés." the assent of the electors as provided in section 537 of this Act. And the Council may sell any land held by the City which, in the opinion of the Council, may not be required for cemetery or park purposes or as a site for such exhibition in any manner of sale directed by the Council. (Sec. 571, Municipal Act.) Ass(NIBOINE WATER POWER. Powers as to 692. The City is empowered to make available the water Assiniboine " . . . . tº tº water power, power of the Assiniboine River by constructing the neces- Sary dams, locks, canals, gates, waste gates and other works necessary or expedient for the above purposes, and by keep- ing the same in repair, subject to the provisions of this Act. (Sec. 578, Municipal Act.) tº 693. The City shall have power to lease to any company or individual the whole or any portion or portions of the said water power for any term of years at any rental to be agreed upon, and shall have power to enforce payment of the rent by distress and otherwise. (Sec. 579, Municipal Act.) Power to 694. The land and buildings which may be necessary for acquire land, º e tº ..i e Ct.C. the carrying on or completion of this work may be acquired by the City by purchase or by and under the expropriation and arbitration provisions of this Act, subject to the other provisions of this Act. (Sec. 580, Municipal Act.) 1902 WINNIPEG CHARTER. CAP. 77. 197 695. The City shall have power to acquire by purchase Power to or by expropriation as aforesaid all lands which are over-fºis. flowed by, or otherwise damaged by, or which may in the Opinion of the City Council be in danger of being damaged by, the overflow of water or other cause arising from the erection of such dam and other works; and this clause shall apply to lands lying outside of the limits of the City as well as to lands within the limits; and the said lands may be by the City thereafter leased or sold if not required for the purposes of the works. Nothing shall be done under Proviso. this section unless and until the money necessary to pay all damages which may be occasioned by the exercise of such power has been realized from the sale of debentures as here- inafter provided. (Sec. 581, Municipal Act.) 696. The City shall have power, by by-law, to appoint Commission- - . . " gº -- ~. 5 ers to carry three commissioners for entering into contracts for the con- out works. struction of the above works, for superintending the con- struction thereof and for managing the works when complet- ed, and, by by-law, to provide for the election of said com- missioners by the electors from time to time and at such periods and for such terms as the Council may appoint by the by-law authorizing the election. (Sec. 582, Municipal Act.) 697. In order to raise money to prosecute such work the Power to City shall by by-law have power to create a debt by the . issue of debentures, which shall be a first charge upon the undertaking, the lands, buildings, dams, canals, and all other property, rights, tolls, income and franchises thereof. Before the final passing thereof such by-law shall be sub- By-law must mitted to a vote of the duly qualified electors in the man-ji’.” ner and according to the form prescribed in this Act for the submission of money by-laws. (Sec. 583, Municipal Act.) 698. The said debentures shall be for such amounts, and Contents of - tº debentures. payable at such place, and at such times, and at such rate of interest, as the Council shall by by-law fix and deter- mine; and the City shall, in case such debentures be issued, apply the moneys produced from the sale of such debentures Application of to the building and carrying on of the said works and the * acquiring of flooded lands and payment of damages occa- sioned by the works, and not otherwise. (Sec. 585, Mumi- cipal Act.) 699. In case debentures be issued, as in the last two pre-payment of ceding sections provided, the tolls, income and rents and ** other revenue arising from such undertaking shall be first applied in payment of interest on the debentures, and in 198 CAP. 77. • 2 WINNIPEG CHARTER. 1-2 $ EDW. VII providing for a sinking fund, if such fund be by the by- law directed to be provided for. (Sec. 586, Municipal Act.) §º." 700. The City shall not expend any moneys upon the said Hººm works, nor enter into any contract or liability in respect thereto, unless the City has first received the moneys so to be expended from the sale of the debentures above mention- ed, or from Some company or person to whom the works to be erected are leased or agreed to be leased. Provided that the City may expend a sum not exceding ten thousand dol- lars upon any preliminary or other proceedings arising out Gf or incidental to the works hereby authorized. (Sec. 588, Municipal Act.) Saving clause. 701. Nothing in this Act shall be construed to conflict with the provisions of an Act of the Statutes of Canada en- abling the City to utilize the water power of the Assiniboine River. (Sec. 589, Municipal Act, as enacted by Sec. 17, Cap. 32, 63 and 64 Vic.) FIRE Comſ MISSION. jº 702. The Council may appoint a commission, to be com- posed of the Mayor, the chairman of the Committee on Fire, Water and Light of the Council, and one member of the Winnipeg Board of Underwriters (such member to be ap- pointed by the said board), to inquire into and investigate the origin of fires occurring in the City, the efficiency, promptitude and discipline of the Fire Department, the ef- ficiency and care of the engines and other appliances used for combating fires, the efficiency of the water supply and the provision made. for promptly Securing same, and other matters relating to the means employed or available for ex- tinguishing fires; and for those purposes, or any or either of them, the said commission shall have power to take the evi- dence of any person or persons under oath and to report the result of such investigation to the committee of the City Council on Fire, Water and Dight; and the said commiss- ioners so appointed shall not be entitled to any personal remuneration for their services as such commissioners. (Sec. 590, Municipal Act.) EY-LAws. SURVIEYING AND NAMING STREETS. 703. The City may pass by-laws not inconsistent with the provisions of any Dominion or Provincial statute— 1902 WINNIPEG CHARTER. CAP. 77. 199 (1) For surveying, settling and marking the boundary Laying out * e e & and naming lines of all streets, roads and other public communications, street. and for giving names thereto, and affixing such names at the corners thereof, on either public or private property; but no by-law for altering the name of any street, Square, road, lane or other public communication shall have any force or effect unless and until the by-law has been registered in the Win- nipeg Land Titles Office, and a fee of one dollar, for every by-law so registered and for the necessary entries and certi- ficates in connection therewith, shall be payable for such re- gistration. (Sub-sec. (d), Sec. 604, Municipal Act.) (2) For numbering the lots and houses along the streets Numbering of the City, and for affixing the numbers of the houses, build-" ings or other erections along the streets, and for charging the Owner or occupant of each house or lot with the expense in- cident to the numbering of the same. (Sub-sec. (b), Sec. 604, Municipal Act.) (3) For keeping (and the City shall make and keep) a Record of record of the streets and numbers of the houses and lotsº" numbered thereon respectively; and entering therein (and the City shall enter therein) a division of the streets, with boundaries and distances, for public inspection. (Sub-sec. (c), Sec. 604, Municipal Act.) CEMETERIES, ETC. (4) For accepting or purchasing land for public ceme-Cemeteries, teries, as well within as without the City, and for laying out, i.” improving and managing the same; but no land shall be ac- cepted or purchased for such purpose except under a by-law declaring in express terms that the land is appropriated for a public cemetery and for no other purpose. (5) For selling or leasing portions of such land for the Cemetery lots. purpose of interment in family vaults or otherwise, and for declaring in the conveyance the terms on which such portion shall be held. (6) For preventing the violation of cemeteries, graves, Desecration of tombs, tomb-stones or vaults, where the dead are interred. ...” (7) For regulating the interment of the dead and for Regulating preventing interments from being made within the City. ...” CEN SUS. (8) For taking a census of the inhabitants, or of the census. resident male freeholders and tenants in the City. (Sub- sec (d), Sec. 591, Municipal Act.) - 200 e WINNIPEG CHARTER. 1-2 EDW. VII Acquiring property. Acquiring land for pre- vention of floods, improving drains, etc. Acquiring lands outside City for gener- all purposes. Acquiring lands for Quarry. Laying rail- way track. Track not to be laid on streetS Or high Ways. Charitable institutions. Appointing Officers. OIBTAINING IPROPERTY. (9) For acquiring and holding by purchase or other- wise such real and personal property as may be required for use of the City, and for erecting, improving and maintain- ing a hall and other houses and buildings required by and being upon the lands of the City, and for disposing of such property when no longer required. (10) For accepting or purchasing any land in any other municipality which may be required for preventing the City, or any part thereof, from being flooded by the surface or other waters flowing from any other municipality into the City, and for providing an outlet for such waters through any other municipality, and for opening, making, preserving and improving drains, sewers and water courses in the lands so acquired. (Sub-sec. (b), Sec. 603, Municipal Act.) (11) For acquiring and holding, by purchase or other- wise, for the public use of the City, lands situate outside its limits; and such land so acquired shall form part of the City. (Sub-sec. (c), Sec. 603, Municipal Act.) (12) For purchasing or otherwise acquiring lands, build- ings and premises, as well within as without the limits of the City, for the uses and purposes of a quarry or quarries; for entering into an agreement or agreements with any per- son or corporation for the laying, maintaining and operating of a siding or sidings or railway track or line or tracks or lines connecting such quarry or quarries with any line of permanent railway necessary for the transportation of stone quarried at said quarries, or any or either of them, as well within as without the limits of the City. Provided that nothing herein contained shall give authority for laying such line or lines along any public highway, or to operate any quarry, except for the requirements of the City. (Sub-sec. (d), Sec. 603, Municipal Act.) GENERAL. (13) For aiding in maintaining any indigent person be- longing to or found in the City at any workhouse, hospital or institution for the insane, deaf and dumb, blind or other public institution of a like character, or for granting aid to any charitable institution, or out-of-door relief to the resident p001'. (14) For appointing such constables, poundkeepers, fence viewers, overseers of highways, road surveyors, road com- missioners, valuators and other officers as are necessary in 1902 WINNIPEG CHARTER. t CAP. 77. 201 the affairs of the corporation or for carrying into effect the provisions of any Act of Legislature, or for the removal of such officers; but nothing in this Act shall prevent any mem- ber of the Council from acting without remuneration as com- missioner, Superintendent or overseer over any road or work undertaken and carried on, in part or in whole, at the ex- pense of the City. (15) For the appointment of one or more engineers, and Engineers, etc. also one or more officers or employees of any institution under the charge of the City, and for the remuneration or for the removal of such officers or emlpoyees. (Sub-secs. (b) and (a), Sec. 603, Municiapl Act.) (16) For preventing the growth of Canada thistles and Noxious other weeds detrimental to husbandry, and compelling the “ destruction thereof; for the appointment of an inspector with power to enforce the provisions of such by-law, and for regu- lating the duties and determining the amount of remunera- tion, fees or charges he is to receive for the performance of such duties. (Sub-sec. (a), Sec. 598, Municipal Act.) (17) For regulating the remuneration, fees, charges and Fixing pay of duties of all officers and employees of the City and the secur-” ity to be given for the performance of such duties; and for appointing the office hours of all such officers and employees cf the City. (Sub-sec. (3), Sec. 591, Municipal Act.) (18) For charging all persons who own or occupy property Payment by which is drained into a common sewer, or which by any by-3.; for law of the Council is required to be drained into such sewer, lºgº into with a reasonable rent for the use of the same; and for ! ~ regulating the time or times and manner in which the same . . . is to be paid. (Sub-sec. (c), Sec. 599, Municipal Act.) (10) For restraining and regulating the running at large pog tax. in the City, or any described portion or portions thereof, of dogs, and for imposing a tax on the owners, possessors or harborers of dogs, and for impounding, selling or killing dogs running at large in contravention of any by-law of the City. (Sub-Sec. (c), Sec. 601, Municipal Act, as amended by I Ed. VII, Cap. 23.) (20) For preventing cruelty to animals and prevent- prevention of ing the destruction of birds, the by-laws for these purposes.” not being inconsistent with any statute in that behalf. (Sub- - sec. (u), Sec. 605, Municipal Act.) (21) For preventing children from riding on the plat- preventing forms of cars or behind wagons or other vehicles, and for * preventing accidents arising from such causes. (Sub-sec. (c), Sec. 607, Municipal Act.) 202 CAP. 77. e WINNIPEG CHARTER. 1-2 EDW. VII Curfew bell. Penalty. Inn moderate driving or riding on StreetS, Ctc. Bicy"I Bicycle paths. Protection of bicycle paths. Hoists, . scaffolding, etc. (21a) For regulating the time after sunset after which children shall not be in the streets without proper guardian- ship and the age or apparent age of boys and girls respec- tively under which they shall be required to be in their homes at the hour appointed, and the Council shall in all such cases cause a bell or bells to be rung at or near the time appointed as a warning, after the ringing of which the children so required to be in their homes or off the streets shall not be allowed to be anywhere in the City away from their homes except under proper control or guardianship or for some unavoidable cause. Any child found away from home after the time appointed shall be liable to be warned by any constable or peace officer to go home, and if after such warning the child is found loitering in or on any of the streets of the City such child may be taken by such con- stable to its home. Any parent or guardian may be sum- moned before the Mayor, Police Magistrate or a Justice of the Peace having jurisdiction for permitting his child or ward to habitually infringe the provisions of such by-law after having been warned in writing, and may be fined for the first offence $1.00 and for the second offence $2.00 and for the third or any subsequent offence $5.00, with costs in each case. (I Ed. VII, Sec. 23, Cap. 23.) IPUIBILIC SAFETY AND COMIFORT. (22) For regulating the driving and riding of horses, mules and other animals on streets, highways and public bridges, and for preventing racing, immoderate or dangerous driving or riding thereon. (23) For preventing and regulating the use of bicycles, tricycles, motor or autocars, and other vehicles not drawn by horses. (24) For setting apart so much of any street as the Coun- cil may deem necessary for the purposes of a bicycle path. (25) For providing that if a person rides or drives a horse, ox or other beast of burden, or any cattle, or a wagon, carriage or cart along or across (except at the usual. street crossings) a bicycle path, hereafter or heretofore set apart by by-law, he shall incur the penalties hereinafter prescribed for violations of provisions of the by-laws of the City. (Sub- sec. (r), Sec. 605, Municipal Act.) (26) For inspecting and regulating the construction and erection of hoists, scaffoldings and other constructions used in the erecting, repairing, altering or improving of build- ings, chimneys or other structures and for making all neces- sary regulations for the protection and safety of workmen and other persons employed thereon, and for appointing in- spectors of scaffolding, but none of the provisions of said 1902 WINNIPEG CHARTER. * CAP. 77. 208 by-law shall be inconsistent with “The Workmen’s Compen- sation for Injuries Act” so far as same provides for the re- gulation of scaffoldings, hoistings or other structures. (27) For regulating the construction, operation and safety Sº, of cranes, hoists and elevators, determining the manner in " " which hoists and elevators in buildings shall be worked (whether automatically or otherwise) and for providing for the inspection of all hoists, cranes and elevators, and for re- quiring the production of hoists, scaffoldings, cranes and ele- vators. (Sub-secs. (b1) and (b2), Sec. 21, Cap. 20, 60 Vic.) (28) For regulating the erection of buildings, verandahs, Erection of and other structures external to buildings; for preventing" and prohibiting the erection of wooden buildings or addi- tions thereto or alterations thereof, and of wooden fences, in specified parts of the City; for prohibiting the erection or placing of buildings other than with main walls of brick, iron or stone, with roofing of incombustible material, within defined areas of the City; for providing that within certain areas of the City, within which wooden buildings are prohib- ited, buildings not exceeding a certain prescribed height and size may be erected with external walls of brick veneer, or wood with a prescribed exterior covering of metal or plaster, such building to be placed upon a prescribed foun- dation ; for regulating and preventing the repairing of exist- ing buildings within the said areas, and the alteration of the roofs or external walls thereof, with a view to safety from Unsafe fire; and for providing that no building or other structure," which by reason of age, accident, damage by fire or other cause, is in danger of falling or being set on fire or endang- ers the surrounding property or the lives of citizens, shall be maintained, occupied or allowed to exist within the City, and that, if in the opinion of the Inspector of Buildings or Nº. other duly authorized officer of the City any such building or ji. other structure is so maintained, occupied or allowed to exist, ę such Inspector of Buildings or other officer as afore- said may notify the owner, occupier, agent or person in charge of any such building.to at once put the same in a safe condition, to guard against fire or dangerous accident, or to entirely pull down and demolish the same, as in such notice such Inspector of Buildings or other officer may direct, and that, in the event of any such owner, occupant, agent or person in charge neglecting or refusing to comply with the said notice according to the terms thereof, the City may cause any such building to be put in a safe City may condition to guard against fire or dangerous accident or to jiš. be entirely pulled down or demolished, as may be deemed expedient or necessary, and that the cost of putting any such ‘....lºw building or other structure in a safe condition, or pulling e down or demolishing the same may be recovered by the City 204 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Building line. Levels of cellars. Construction of buildings. Inspector of buildings, his appointment and powers. Railway CTOSSlngS. Public build- ings. by summary process at law, and shall be a lien upon the building so put into a safe condition or pulled down or de- molished and upon the lot or parcel of land upon which the same is or was erected, and may be collected in the same manner as the ordinary municipal rates of the City are col- lected. (Sec. 21, Cap. 24, 62 and 63 Vic.., 1899.) (29) For regulating the distance within specified areas from the street line of any lot or property in front of which a building or structure shall not be placed. (Sec. 22, Cap. 24, 62 and 63 Vic.) t (30) For ascertaining and compelling owners, tenants and occupants to furnish the Council with the levels of the cel- lars already dug or constructed, or which may after the pass- ing of the by-law be dug or constructed, along the streets of the City; such levels to be with reference to a line fixed by by-law. -- (31) For compelling to be deposited with an officer to be named in the by-law, before commencing the erection of any building, a ground or block plan of such building, with the levels of the cellars and basements thereof, with reference to a line fixed by by-law. (Sub-secs. (e) and (f), Sec. 604, Municipal Act.) (32) The Council may appoint an Inspector of Buildings (who may or may not be an architect), and may provide by by-law that he shall exercise all the powers and authorities contained in “The Public Buildings Act ’’ of the architect or other officer referred to in the eleventh section of said Act. (Sec. 18, Cap. 20, 60 Vic.) (33) Tor regulating and controlling railway companies within in the City, for enforcing the construction and man- agement of gates, culverts and cattle guards on the lines of said railways at the crossing of any street or streets in the City, and for enforcing the opening and continuing of any street or streets across the line of any railway track, and for enforcing the construction and maintenance of ditches across and along the line of railway. (Sub-sec. (g), Sec. 597, Municipal Act.) (34) For regulating the size, structure and number of oors in churches, theatres and halls, or other buildings used for places of worship, public meetings or places of amuse- ment, and the street gates leading thereto, and also the size and structure of stairs and the stair railings in all such buildings, and the strength of beams and joists and other supports; the gradient of floors and aisles in, and stairways of and to, such buildings, the walls separating lobbies and stairways from the auditorium, and separating the auditor- 1902 WINNIPEG CHARTER. CAP. 77. 20 5 ium from the stage, and the method of lighting the audi- torium and stage, and providing for an automatic roof ven- tilator and for fixed stand-pipes and other fire appliances in such buildings. (Sub-sec (j), Sec. 593, Municipal Act.) (35) For preventing the obstruction of the halls, aisles, Regulating passage ways, alley or approaches in any such building or *#m leading thereto during the occupation of the same by the ºº". tº sº * public assemblage. (58 Vic., Cap. 42, Sec. 18, Ont.) (36) For regulating the size and strength of walls, beams, size and joists, rafters and roofs, and their supports, in all buildings º Of to be erected or repaired or added to within the City, and for compelling the production of the plans of buildings for in- spection and for enforcing observance of such regulations. (Sub-sec. (b), Sec. 607, Municipal Act.) (37) For requiring and compelling the construction and Fire escapes, maintenance upon all buildings of three or more stories in “ height already or hereafter to be erected, of proper ladders, fire balconies or platforms, fire escapes, fire escape stairways and stand-pipes; for prescribing the specifications, character, size of materials, method of construction and all other details in connection there with, for the more effectual protection against fires, for the better means of suppressing same, and for the safety of persons occupying or being in any such building; and for requiring that in all buildings wherein labor is employed there shall be provided sufficient door- ways and stairways or other means of egress in case of fire for the protection of persons so employed in any such build- ing. (Sub-sec. (aa), Sec. 607, Municipal Act.) (3S) For the inspecting and regulating of electrical gen- instanation of erators and motors and of all overhead, underground and in-jºº. terior-wires and apparātus for conducting electric current for ators, ºt. heat, light, power or other purposes, for prescribing the ap- pliances, devices and conditions deemed necessary for the safety of operatives and of the public; for forbidding the use of materials or methods of installation and conducting injurious to safety; for prescribing methods and appliances for insulating wires and conductors, and cutting off electrical currents, and such regulations generally respecting electricity and electrical appliances as shall be deemed necessary for the safety of persons and property, and for enforcing any and all such regulations; for appointing one or more electrical Appointment inspectors who shall have the right to enter upon the prem-** ises of persons, firms or corporations at all reasonable times and for causing the removal of unsafe or dangerous electrical appliances. (Sub-sec. (r), Sec. 595, Municipal Act.) (38a) For licensing and regulating the erecting, placing, Regulating maintaining or using poles upon the streets or lanes of the and licensing 206 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII the erection of City by or for any company doing a telegraphic business of telegraph poles. Regulating position of electric wires. Flectric Wiring, etc. By-laws to provide for new police and fire stations, etc. Fire depart- ment. Rewards for bravery at fires. Protection against fires. any kind. Provided that in no case shall the annual license fee to be charged, together with any taxes chargeable under this Act, be greater than $300 per annum. Provided, how- ever, that any by-law passed under the foregoing shall not affect, impair or take away any right or rights which any company or corporation has, possess or is entitled to by virtue of any statute, by-law, contract or agreement. (Sec. 13, Cap. 32, 58 and 59 Vic.) (39) For regulating the position of wires used for con- veying electricity and for making provisions for the protec- tion of life and property in the use thereof. (Sub-sec. (7), Sec. 597, Municipal Act.) (40) For regulating and licensing persons engaged in the installation of electric wiring or other work in buildings, other than the power house of incorporated lighting and street railway companies; for examining into the qualifica- tions and fitness of such persons, and for requiring a bond for the safe and thorough performance of duty in compli- ance with regulations. (Sec. 17, Cap. 24, 62 and 63 Vic., 1899.) (40a) To raise money and to create a debt or debts by the issue of debentures for the purpose of providing the cost of suburban police stations, a police patrol and signal service, and for outside or suburban fire stations and for a fire alarm system. Such by-law or by-laws, before coming into force, shall be submitted to a vote of the duly qualified electors in the manner now provided in this Act for the passing of money by-laws and the proceedings thereat shall be the same as in said Act; but the said by-law or by-laws shall be deemed to have been carried if a majority of the electors actually voting thereon have voted in favor thereof. (Sec 24, Cap. 32, 63 and 64 Vic.) (41) For appointing fire engineers and firemen, and pro- moting, establishing and regulating fire companies and pro- perty-saving companies. For providing medals or rewards for persons who distinguish themselves at fires; and for granting pecuniary aid to, or otherwise assisting, the widows and orphans of persons who may be killed while in the dis- charge of their duties at fires or who may die from injuries received or from sickness contracted while in the service of the City as firemen. Sub-secs. (e) and (f), Sec. 594, Municipal Act.) (42) For causing buildings and yards to be put into a safe condition to guard against fire or other dangerous risk or accident. (Sub-sec. (1), Sec. 595, Municipal Act.) 1902 WINNIPEG CHARTER. CAP. 77. 207 & (43) For preventing or regulating the use of fire or lights tº fireand in stables, cabinetmakers' shops, carpenters' shops and com- gh U.S. bustible places. (Sub-sec. (g), Sec. 595, Municipal Act.) (44) For preventing or regulating the carrying on of Dangerous manufactories or trades dangerous in causing or promoting” fire, and for regulating (and within certain defined areas preventing) the keeping of lumber and wood yards. (Sub- Sec. (h), Sec. 595, Municipal Act.) (45) For preventing and for removing or regulating the Flues, construction of any chimney, flue, fire-place, stove, oven, "*** boiler or other apparatus or thing which may be dangerous in causing or promoting fire. (46) For regulating the inspection, Sweeping and clean-sweeping of ing of chimneys; for appointing inspectors and chimney “” sweeps and fixing their fees, and for enforcing the payment of the same; and for requiring the consent of the Council or a committee or officer thereof before setting up any boiler, Setting up steam engine or other apparatus dangerous in causing or ºs and . “ t © tº boilers. promoting fire. (Sub-sec. (c), See. 595, Municipal Act.) (47) For regulating the mode of removal and safe keep-Ashes. ing of ashes; for regulating and enforcing the erection of party walls; and for compelling the owners and occupants of party walls. houses to have scuttles in the roofs thereof, with approaches or stairs or ladders leading to the roof. (Sub-secs. (i), (j) Scuttles to and (k), Sec. 595, Municipal Act.) - - roofs. are (48) For requiring the inhabitants to provide so many Fire buckets. fire buckets in such manner and time as may be prescribed, and for regulating the examination of them and the use of them at fires. (Sub-sec. (m), Sec. 595, Municipal Act.) (49) For authorizing appointed officers to enter at all rea-rise sonable times upon any property, subject to the regulations inspectors of the Council, in order to ascertain whether such regulations are obeyed, or to enforce or to carry into effect the same. (50) For making regulations for suppressing fires and for prevention of pulling down or demolishing adjacent houses or other erec- fires. tions where necessary to prevent the spreading of fire. (51) For regulating the conduct and enforcing the assist-Maintaining ance of the inhabitants present at fires, and for the preserva-order at fires. tion of property at fires. (Sub-secs. (n), (o) and (p), Sec. 595, Municipal Act.) (52) For regulating the times during which stumps, trees, Burning logs, brush, grass, straw, shavings or refuse may be set on fire refuse. or burned in the open air, and for prescribing precautions to be observed during such times, and for preventing such 208 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Storing and transporting explosives,etc. Magazines. Acquiring lands for. Enclosing lots. Lawful fences. Division fences. Regulating barbed wire, etc., fences. Water gates at SeVW GT CTOSS1ngS. Pound and pound keepers. fires being kindled at other times. (Sub-sec. (a), Sec. 595, Municipal Act.) (53) For regulating the keeping and transporting of ex- plosive, inflammable and dangerous materials and, without limiting the general effect of the foregoing, amongst others, such articles as follows: Gunpowder, gun cotton, dynamite, nitro-glycerine and their derivatives and compounds, petrol- eum; rock oil, coal oil, water oil, crude oil, burning fluid, naphtha, benzole, benzine, shellac and their products; for regulating and providing for the support, by fees, of maga- zines for storing any of the said articles mentioned or in- cluded in the foregoing power; for compelling persons to store therein; for acquiring land, as well within as without the City, for the purpose of erecting such magazines, and for selling and conveying such land when no longer required therefor. (Sub-sec. (d), Sec. 595, Municipal Act.) (54) For causing vacant lots to be properly enclosed. (Sub-see. (a), Sec. 604, Municipal Act.) - (55) For settling the height and description of lawful fences, and for regulating the kind of, and the height, de- Scription and manner of maintaining, keeping up and lay- ing down, fences along highways or any part thereof, and for making compensation for the increased expenses (if any) to persons required so to maintain, keep up or lay down such last mentioned fences or any part thereof. (Sub-sec. (d), Sec. 597, Municipal Act.) (56) For regulating the height, extent and description of lawful division fences, and for determining how the cost thereof shall be apportioned; and for directing that any amount so apportioned shall be recovered in the same man- ner as penalties not otherwise provided for may be recovered under this Act. (Sub-sec. (e), Sec. 597, Municipal Act.) (57) For preventing, regulating and removing barbed wire, buckthorn and other similar fences along or near streets and highways. Sub-secs. (f) and (d), Sec. 605, Municipal Act.) (58) For compelling the owners of lands, through which any open drain or water-course passes, to erect and keep up water gates where fences cross such drain or water-course, and for preventing persons obstructing any drain or water- COUII’Se. POUNDS AND POUNDIKEEPERS. (59) For providing sufficient yards and enclosures for the safe keeping of such animals as it may be the duty of the 1902 WINNIPEG CHARTER. • - , -----> --- Car. 77. 209 poundkeeper to impound. (Sub-sec. (d), Sec. 601, Muni- cipal Act.) - (60) For allowing, restraining and regulating the running º, at large or trespassing of any animals, geese and poultry, Stray animals. and providing for impounding them; and for causing them to be sold in case they are not claimed within a reasonable time, or in case the damages, fines and expenses are not paid according to law, and for appraising the damages to be paid by the owners of animals impounded for trespassing con- trary to law, and such by-law may be made applicable to the whole or any part of the City. (Sub-sec. (e), Sec. 661, Municipal Act.) - tº (61) For determining the compensation to be allowed for Poundage. services rendered in carrying out the provisions of this Act or any by-law of the City passed in pursuance thereof with respect to animals, geese and poultry impounded or distrain- ed and detained in the possession of the distrainor. (a) Provided that, in any case where mules, horses, sheep, Publication of swine or cattle are impounded, the poundkeeper with whom notice of sale. they may be impounded, before he shall have the right to sell ‘he same, shall immediately cause to be inserted in an issue of The Manitoba Gazette a notice describing the animal or ani- mals impounded, the age as nearly as possible, sex and color, with brand or any mark of identification, which notice may be as follows:— City of Winnipeg, Pound No. Form. Impounded on the day of , 19 (kind of animal and number of same), color . age (brand or mark of identification.) IPoundkeeper. (b) The fee to be paid for the insertion of such notice Fee. shall be one dollar, which shall be transmitted to the King's Printer with said notice. (c) The Clerk shall keep The Manitoba Gazette on file in gerºo keep e f*** Gazette on file. his office. (d) Said animals, geese or poultry, when not claimed, Sale after 30 tº e * > days. shall remain in pound for thirty days before sale. (e) When such animals so impounded are sold, by reason Proceeds of of not being claimed, the proceeds thereof, after deducting iº, expenses, shall be handed to the Treasurer, to be retained by * him in special account for one year, when, if not claimed, they shall then go to the general funds of the City. 210 CAP. 77. - WINNIPEG CHARTER. 1-2 EDW. VII Pound by law (f) The City shall deliver to each poundkeeper anpointed to be given to tº tº “. . . poundſkeeper a copy of the Pound By-law and of the provisions of this Act respecting pounds and poundkeepers. (Sub-secs. (j) to (n), Sec. 601, Municipal Act.) §º be (g) It shall be the duty of the occupant of any premises, ºśtoºk on which any stray cattle or horses may be for a period of two weeks with the knowledge of such occupant, to notify the Clerk, either personally or by mail, describing such animal or animals as nearly as possible, giving the age, sex and color, with brand or any mark of identification; and it shall be the Record. duty of the Clerk to keep a record of all such stray ani- mals, with such description as may be furnished him, and to give such information to any person who may make inquiry, either personally or otherwise, regarding the same, and such Fee. Clerk shall be at liberty to charge a fee of twenty-five cents for every search in such register. In case any such occupant shall neglect to notify the Clerk in the manner herein pro- vided, immediately at the expiration of the said period of two weeks, he shall be liable to a fine upon Summary con- viction of a sum not to exceed ten dollars. (Sub-sec. (2), Sec. 601, Municipal Act.) Injury by (62) For limiting the right to recover damages for any cattle. injury done by any cattle, horses or sheep trespassing upon land or for the trespass, to cases in which the land is enclosed by a fence of the nature, kind and height required by the by-law. (Sub-sec. (o), Sec. 601, Mºunicipal Act.) Retention (63) For preventing persons from taking animals, geese Mºdamage and poultry out of pounds without first paying all damages and costs for which the poundkeeper has a right to detain such animals. (Sub-sec. (g), Sec. 601, Municipal Act.) TREES. Tree planting. (64) For expending money in planting and preserving shade and ornamental trees upon any public place, square, highway, street, road, lane, alley or other communi- cation within the City, and for granting sums of money to any person or association of persons to be expended for the same purposes. (Sub-sec. (q), Sec. 593, Municipal Act.) INJURY TO PROPERTY. Preventing (65) For preventing the injuring or destroying of trees #. or shrubs planted or preserved for shade or ornament, and the defacing of private or other property by printed or other notices. (Sub-sec. (r), Sec. 593, Municipal Act.) 1902 WINNIPEG CHARTER. CAP. 77. 211 (66) For preventing the pulling down or defacing of sign- Bºing boards or of printed or written notices lawfully affixed. ” (Sub-sec. (1), Sec. 599, Municipal Act.) IPUBLIC MORALS AND DECENCY. (67) For preventing the posting of indecent placards, obscene writings or pictures, or the writing of indecent words, or the Pº" making of indecent pictures or drawings on walls, fences or Gther places. (Sub-sec. (a), Sec. 594, Municipal Act.) (68) For preventing vice, drunkenness, profane swear-Prevention of ing, obscene, blasphemous or grossly insulting language and Włºść" other immorality and indecency, and for preventing persons.sº carrying on their ordinary trades, callings or Occupations on Sunday and the violation of the Sabbath Day, and the inter- fering with, preventing or desecration of religious ceremonies. (69) For suppressing disorderly houses and houses of ill-Disorderly fame houses, etc. C * (70) For suppressing gambling houses and for seizing and Gambling destroying any faro bank, rouge et noir and roulette tables, * and other devices for gambling found therein. . (71) For restraining and punishing vagrants, mendicants vagrants. and persons found drunk or disorderly in any street or in any hotel, Saloon or other house of public entertainment in the City. (72) For preventing indecent public exposure of the per-Indecent son and other indecent exhibitions, and disorderly and in-expºsure. decent behavior; and for preventing the exhibition, sale or offer for sale of any indecent or lewd book, paper, picture, plate, drawing or other thing, and the exhibition of any im- moral or indecent show or exhibition and the performance of any indecent, immoral, lewd play or other performance. (Sec. 594, Municipal Act.) IPTUELIC HEALTH. (72a) To incur and create a debt not exceeding $25,000, To provide by the issue and sale of debentures, for the purpose of pur-P"" chasing a site for and erecting and equipping a building for a public bathing place. Such debentures shall bear such rate of interest, payable at such times and places, as the Council of the City shall direct, and the principal of same shall be payable at a time to be fixed by the Council not more than fifty years from the date of issue of the deben- tures; but such by-law, before being finally passed, shall have been submitted to and approved by the electors qualified to vote upon money by-laws under the provisions of this Act in the manner therein provided. (Sec. 28, Cap. 32, 63 and 64 Vic.) 212 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Bathing. Bread. Adulterated milk and food. Water supply. For compel- ling the coyer- ing of wells. Slaughter houses. Tainted food. (73) For preventing or regulating the bathing or washing of the person in any public water in or near the City. (Sub- Sec. (g), Sec. 594, Municipal Act.) - (74) For preventing the use of deleterious materials in making bread, and for providing for the seizure and forfei- ture of bread made contrary to the by-law. (Sub-sec. (h), Sec. 608, Municipal Act.) (75) For preventing the sale of adulterated milk or other adulterated articles of food. (Sub-sec. (f), Sec. 607, Mun- icipal Act.) (76) For establishing, protecting and regulating public wells, reservoirs and other conveniences for the supply of water, and for making reasonable charges for the use thereof, and for preventing the wasting and fouling of public water. (Sub-sec. (b), Sec. 596, Municipal Act. ) - 77) For compelling or regulating the enclosing or cov. ering up of all wells that are open or insufficiently guarded in the City by the owners or occupants of the land whereon such wells are situate; and in case of non-resident lands or where the owner or occupant makes default, to have the same done by the City, and for assessing against and levying upon such land the cost thereof. (Sub-sec. (a), Sec. 596, Muni- cipal Act.) (78) For designating or specifying such place or places within the City for the slaughter of cattle, sheep, lambs, hogs, and other animals usually used for food, and to compel every and all persons to use such places for that purpose, and for building abattoirs. Provided that nothing herein con- tained shall be held to authorize the Council to compel any person or persons, before the twenty-eighth day of May, A.D. 1886, owning and using or occupying any place or building as a slaughter house, or place for the slaughter of any of the said animals, to cease to use or occupy the same as such or for that purpose, or to compel such person or persons to use any other place or building for such purpose; but, in case of every such building or place so owned and used or occu- pied before the said date, the authority of the Council shall only extend to the passing of and enforcing of by-laws to ensure the proper fitting up and use of such building or place in such a manner that it shall not be a nuisance or injurious to the health of the citizens, and to prevent the re- building or making additions thereto. (49 Wic., c. 52, S. 349, s-S. 67.) (79) For seizing and destroying all tainted and unwhole- some meat, poultry, fish or other articles of food; for ap- pointing inspectors and providing for the inspection of milk, meat, poultry, fish and other natural products offered for 1902 WINNIPEG CHARTER. CAP. 77. 213 sale for human food or drink, whether, on the streets or in ſº ºf public places or in shops ; for providing that said articles for sale. may be inspected at abattoirs, slaughter houses, places of storage or in public or other conveyances ; for providing when inspec. that, in case meat, of which no inspection was made at the ºney be time of slaughter, is offered for sale, if the pleural surfaces are found to have been wholly or partially removed, the said meat shall be presumed to have been diseased, and proof that the same was not diseased shall be upon the owner or person offering the same for sale ; for providing sanitary ºction of regulations for the care of meat and other articles of food "" while in conveyance or transit from place to place, and for providing that all meat offered for sale in the City, and not Sanitary regu- previously inspected at an abattoir, is to be brought to a jº" central office or place for inspection and stamping. But no such regulations shall impose a market fee or liability (ex- Nº be cept inspection) on any articles exempt from same under “ this Act. (80) For compensating the owners of glandered horses compensation i. e for glandered destroyed on the order of a veterinary surgeon under the j powers given him by law. (S1) For compelling the use of water, provided by the For compell. water works of the City for drinking and domestic pur- ºpps poses, within certain areas to be defined by by-law, and for prohibiting the use of spring and well water within such areas for such purposes. (Sub-sec. (6), Sec. 550, Munici- pal Act, Ont.) (S2) For preventing or regulating the erection or con-slaughter tinuance of slaughter houses, gas works, tanneries, distilleries ... i. or other manufactories or trades which may prove to be nuis- * * ances, including the keeping of cattle and swine and the maintenance of cattle byres or piggeries, and for inspecting and regulating dairies, stables, cow byres and piggeries. (Sub-secs. (e) and (h), Sec. 593, Municipal Act.) (88) For the removal of manure and other refuse, and to Removal of provide for the inspection of stables and outhouses. (Sub-"* * Sec. (c), Sec. 593, Municipal Act.) (84) For preventing or regulating the erection or con-Abattoirs. tinuance of abattoirs. (Sub-sec. (u), Sec. 593, Municipal Act.) (84a) For preventing and abating public nuisances. Public nuis- 8,I), CCS. (85) For authorizing the seizure of unslaughtered cattle, seizure of sheep, calves and hogs which have died on any railway car ºor is a * e º e human food, or on any market, or within the City, in order to prevent etc. 214 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII such animals from being used as food, and for disposing of the carcasses of such animals in such a way as not to pro- duce any harm to the public health and to secure to the owner such value as remains over and above the expenses in- curred in disposing of such carcasses. (Sub-sec. 3, Sec. 550, Municipal Act, Ont.) #ºn. (86) For licensing, inspecting and, regulating vendors of §§ºi." milk, for inspecting cows and regulating their keeping, and .."; "for inspecting and regulating the stables and enclosures sº, wherein are kept the cows from which milk is obtained for etc. sale or use in the City, whether such stable or yard or such cows are situated or kept within the City or not; and for in- Specting and regulating the keeping and methods of carriage of such milk; and for cancelling or revoking of any li- cense. Any such by-law may provide that compliance with all or certain specified regulations, as evidenced by the cer- tificate of the health officer or veterinary inspector, shall be a condition precedent to the issue of a license. Provision may also be made in any such by-law for receiving, hearing and deciding objections to any certificate or report of the said officers or either of them, whether favorable to the issue of a license or not, by the Council or a committee of the Coun- cil. The Council may also provide for receiving reports or objections as to the continuance of any license granted un- der the authority hereof and, upon proof satisfactory to it- self (or a committee as may be prescribed by by-law) that the regulations are not complied with, any such license may Dairiesandap. be cancelled or revoked. All of such dairies, stables, cows, Fºº milk houses, milk wagon or other conveyances, and all recep- tº any tacles, for milk, all cows whose milk is intended for use in the City, and all cattle kept with such cows, shall be liable to inspection as prescribed by, the Council at any and all times during the pendency of an application for and continuance Milch and of a license. All cattle in the City, whether milch cows or §º not, may be inspected by said officers (if required by by-law). spected. Any person bringing any cattle into the City may be requir- ed to report same to such officer as the Council may appoint Tuberculin so that such cattle may be inspected. What is known as the teSt. tuberculin test, as well as any other test satisfactory to the health officer, may be employed in making any of the in- spections aforesaid. Where a milkman, dairyman or cattle cwner, dealer or cow-keeper makes an addition of not ex- ceeding three cows or cattle to a herd already inspected, the Council may provide that such cows or cattle be brought by the owner or other person in charge to some named place sººtion of in the City there to be inspected. e Provision may be made C. for the separation from healthy animals of cows or cattle in which tuberculosis or other infectious disease exists or is in- dicated; and for preventing or regulating the use of milk or 1902 s WINNIPEG CHARTER. CAP. 77. 215 other food product from such latter animals; for destroying animals suffering from disease as aforesaid, and, in the dis- cretion of the Council, for making full or partial compensa- tion to the owners of animals destroyed under the authority of a by-law. (Sub-sec. (t), Sec. 593, Municipal Act.) (87) For providing for the inspection of cattle brought §§§. into the City for sale or otherwise; for providing that such fºgº cattle shall be taken to a designated place or places in the City for such inspection, and that immediate notice of the Nºise ºpe, arrival of such cattle shall be given to the Veterinary In- §ºor. pector, and for providing that if such cattle be found to be diseased or unfit for human food the same may be forthwith ..º. destroyed by the City. ISCa,SCC1, Cal,UUIC (88) For providing that certificates issued by a veterinary Dominion surgeon, who, under the directions or in the employment of ºei. the Government of Canada, has made any tuberculin or ; i.e.; other test and showing the results thereof, may be accepted * in lieu of a report by the Municipal Veterinary Inspector for all the purposes referred to in the clauses of sub-section 86 of this section. (Sub-sec. (v), Sec. 593, Municipal Act.) MARKETS, ETC. (89) For establishing markets and stock-yards and for Markets, etc. regulating the same. (90) For the purchase of, and the establishing, protect- Public weigh ing and regulating, public weigh scales and necessary conven-” iences for weighing cattle, hay and other articles, and for making reasonable charges for the use thereof. (91) For regulating the weight of loaves of bread, and weights of for seizing or forfeiting bread or other articles when of light.” weight or short measurement. (92) For regulating the buying and selling of articles open markets. or animals exposed for sale on the public market in the open air. (93) For preventing criers and vendors of Small wares trawlers. from practicing their calling in any of the public markets, public sheds and vacant lots in the City adjacent to the market. (94) For preventing the forestalling or monopoly of Forestalling. market grains, wood, meats, fish, fruits, roots, vegetables and provisions of all kinds, and for preventing and regulating the purchase of such things by hucksters or runners within the City. 216 CAP. 77. WINNIPEG CHARTER. 1-2 Edw. VII Yºg (95) For regulating the mode of measuring or weighing, y as the case may be, lime, shingles, lath, cordwood, coal or other fuel, and for imposing a reasonable fee therefor, and for regulating the sale of said articles. Light weight. (96) For imposing penalties for light weight, or short count, or short measurement, in anything marketed. Distress for (97) For selling, after six hours’ notice, butcher’s meat rent of market -, - g Stalls. distrained for rent of market stalls. Inspectors of (98) For appointing inspectors to visit all places wherein yºnd weights and measures or weighing machines of any descrip- tion are used. Changing and ( 99) For changing the site of any market place within §º the City, or to abolish any market or markets now in exist- markets. & tº & e ence or hereafter to be in existence in the City. Market, (100) For determining and regulating the powers and du- clerks. * & *. ties of the market clerks and all other persons employed by the City in and about the said markets. (101) 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 sell- ing in or at any of the said markets. Market feeS. Market, (102) For regulating vehicles of any kind in which any vehicles. articles shall be exposed for sale in any public market or in any street within the City, and for regulating the size and style of wood racks. -- Regulating (103) For regulating the place and manner of selling and *** weighing meat, vegetables, fish, hay, straw, fodder, wood and farm produce of every description (except grain), small wares and all other similar articles exposed for sale and the fees to be paid therefor. jº";an (104) For preventing or regulating the sale by retail, in al retai & tº fºr:"the public streets or vacant lots adjacent thereto, of any meat, vegetables, hay, fruit, Small wares' and other similar articles. SAINITARY MEASURES. public health, (105) For providing for the health of the City against the §.” spreading of contagious or infectious diseases. cellars, sinks, (106) For regulating the construction of cellars, sinks, Mºtor closes water closets, privies and privy vaults and cesspools, and for compelling and regulating the manner of draining, clearing, cleaning and disposing of the contents of the same. (Sub- sec. (d), Sec. 593, Municipal Act.) 1902 WINNIPEG CHARTER. CAP. 77. 217 (107) For compelling or regulating the filling up, drain- ºftºp and ing, clearing, altering, relaying or repairing of any grounds, ºre. yards, vacantlots, cellars, private drains, sinks, cesspools and privies, and for assessing the owners or occupiers of such grounds or yards, or of the real estate on which the cellars, private drains, sinks, cesspools or privies are situate, with the cost thereof, if done by the Council on their default. (Sub-sec. (b), Sec. 606, Municipal Act.) (108) For making any other regulations for sewerage or sewerage. drainage that may be deemed necessary for sanitary pur- poses. (Sub-sec. (c), Sec. 606, Municipal Act.) (109) Forregulating, cleaning, repairing, amending, alter-cleaning of ing, widening, deepening, contracting, straightening, divert-º" ing Or discontinuing the drains and sewers and any natural water courses in the City; and to prevent the incumbering of the same in any manner, and to protect the same from en- croachment and injury; and also to determine the course of all natural water courses passing through private property in the City, and to regulate all matters concerning the same, whether the said water courses be covered or not. (Sub-Sec. (a), Sec. 606, Municipal Act.) (110) For regulating the licensing of plumbers and to de-Licensing of fine their duties, for limiting the duration of or revoking Pººs any such license, and to fix the annual fee to be paid for such license. (111) For making regulations governing the construction, Plumbing. alteration, the sizes, materials and arrangement of pipes, traps and all other details of plumbing, and for the filing in the Engineer’s office of plans of all plumbing intended to be done, made or constructed in the City, and for the inspection of plumbing and work connected there with. (112) For regulating or preventing the incumbering, in-Preventing juring or fouling, by animals, vehicles, vessels or other means, ºº, of any public wharf, dock, slip, drain, sewer, river or water, or any road, street, square, alley, lane, bridge or other com- munication. (Sub-sec. (m), Sec. 593, Municipal Act.) (113) For preventing persons from throwing any dirt, filth, Nuisances on carcasses of animals or rubbish on any street, road lane or highways. highway. (114) For regulating and licensing scavengers and chim-sº ney sweeps, and for fixing and enforcing the payment of such etc. rates as may be allowed to them for their service, and to de- fine their duties. (Sub-sec. (p), Sec. 608, Municipal Act.) Clıgel'S, (114a) For establishing and regulating a scavenging sys- Scavenging tem under the control and direction of the Council, by officers system, etc. to be appointed by the City, and for providing for the cost 218 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Removal of garbage, night Soil, etc. Removal to be under direc- tion of Council Charges for removal. Collection. Distress. Costs. Lien. Lavatories, urinals, etc., in StreetS. Dwellings on Val’IOU1S StreetS. Drains and SG WCI’S. of same, either at the cost of the City or of the ratepayers by special local assesment or by both ; and for making and enforcing regulations for the cleanliness of the City. (Sub- Sec. (d), Sec. 606, Municipal Act.) (114b) For providing that all garbage, refuse, night soil and other offensive matter shall be removed from lands and premises in the City at such times as the Council shall de- termine; that such removal shall be made by or under the di- rection of the Council by contract or otherwise as may be de- termined; for charging and providing for the collection of reasonable compensation for such removal. The collection of such charge or compensation may be enforced by suit at law before any Court of competent jurisdiction or by distress and sale of the goods and chattels of the owner or occupant of such lands and premises or of any goods in his possession wherever the same shall be found within the City, or any goods and chattels found on the premises of the property of or in the possession of any other occupant of the premises. Such distress and sale shall be conducted in the same man- ner as provided by this Act for distress and sale for arrears of City taxes, and the costs chargeable shall be those payable to bailiffs under the County Court Act. Provided that the attempt to collect such charge by any process hereinbefore mentioned shall not in any way invalidate the lien upon such premises hereinafter mentioned. Such charge shall be and continue a lien upon the lands and premises from which such garbage, refuse, night soil or other offensive matter was re- moved until paid, and may be collected and such lien en- forced in the same manner as the payment of ordinary City taxes is collected and enforced. (115) I'or providing and maintaining lavatories, urinals and water closets and like conveniences, in situations where the Council deems such accommodation to be required, either upon the streets or elsewhere, and may supply the same with water and may defray the expense thereof and of keeping the same in repair and good order. (59 Vic.., c. 51, s. 37, Ont.) (116) For regulating the erection or occupation of dwell- ings on narrow streets, lanes or alleys, or in crowded or un- sanitary districts. (55 Vic, c. 49, S. 496, Ont.) (117) For opening, making, preserving, improving, maintaining, repairing, altering, diverting, stopping up and pulling down drains, sewers or water courses within the juris- diction of the Council, and for entering upon, breaking up, taking or using any land in or adjacent to the City in any way necessary or desirable for the said purpose; and for en- tering upon, taking and using any land in or adjacent to the City for the purpose of providing an outlet for any drain, © 1902 WINNIPEG CHARTER. CAP. 77. 219 Sewer or water course, or for the purpose of carrying off through private property any water on a public highway and for making all necessary connections therewith, but subject always to the payment of compensation to persons who may suffer injury therefrom and to any restrictions and liabili- ties imposed by this Act in that respect or otherwise. (Sec. 13, amendment, Municipal Act, I Ed. VII.) (118) For charging all persons who own or occupy property Payment by tº- * tº º " OVVner Ol' OCCu- which is drained into a common sewer, or which by any by-pºt foºd aii. law of the Council is required to be drained into such sewer, ..." with a reasonable rent for the use of the same; and for regu- lating the time or times and manner in which the same is to be paid. FIJIBILIC SAIFIETY AND COMEOR.T. (119) For directing the removal of door steps, porches, rail- Preventing ings, projecting or advertising signs, of whatever material obstructions. composed, or other erections or obstructions projecting into or over any street, lane, public highway, park, wharf, dock, slip, drain, sewer, river or water or the banks or shores thereof, at the expense of the proprietor or occupant of the property connected with which such projections are found. (Sub-sec. (k), Sec. 593, Municipal Act.) (120) For regulating the removal of buildings and struc- lºg of • . e Ull ICIII). QºS tures on or across the streets, and for licensing and regulat- i. §eets. ing house movers and persons engaged in the business of moving buildings or structures on, along or across the streets. Housemovers. (121) For establishing a system, under control of the En-Excavations gineer, of making and refilling excavations in paved, ma-." Streets, etc. cadamized or planked streets, or under sidewalks, whether such excavations be for the purpose of putting in Sewers or laying gas or water pipes, or for making connection with same from houses or buildings, and for the doing or making of all or any of said work or excavations by the City, and for assessing the company, person or persons for whom any such connections may be made with the cost of the same. (122) For compelling persons to remove all snow and ice Removal of from the roofs of the premises owned or occupied by them ;” * and to remove and clear away all snow, ice and dirt and other obstructions from the sidewalks, streets and alleys adjoining such premises; and also to provide for the 'cleaning of side- walks and streets adjoining vacant property, the property of non-residents and all other persons who, for twenty-four hours, neglect to clean the same; and for removing and clean- ing away all show and ice and other obstructions from such sidewalks and streets at the expense of the owner or occupant in case of his default; and, in case of non-payment, for charg- Ye º 220 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII ing such expenses as a special assessment against such prem- ises, to be recovered in like manner as other municipal rates. (Sub-sec. (b), Sec. 605, Municipal Act.) Telegraph, (123) For regulating the erection and maintenance within telephone and ; : w o Siºlight" the City of telegraph or telephone poles and wires, and elec- ** tric light and power poles and wires; to order such poles to w be removed and such wires to be placed under ground or otherwise; and also to order, after giving one year’s notice to such effect, any corporation in the enjoyment of any license, permit or privilege for the erection of telegraph, telephone or electric light and power poles and wires thereon, to re- move such poles and place all wires under ground, or other- wise, and, in default of compliance with such order, any li- cense, permit or privilege granted to any such corporation shall be forfeited and cancelled and the officers of the City may cut down and remove such poles and wires. (Sub-Sec. (e), Sec. 605, Municipal Act.) street sweep. (124) For assessing the citizens residing on any particular #and * street, or in any section of the City, in any sum or sums necessary to meet the expense of sweeping and watering the said street. Provided that not less than two-thirds of the said citizens, residing as aforesaid in such said street or Sec- tion, shall have first prayed or demanded to have the same swept or watered. Street lighting (125) For providing for the lighting of the City by elec- tricity, gas or gasoline, or in such other manner as may be expedient, and providing for the cost thereof. Public bridges (326) For regulating public bridges. public traffic, (127) For regulating the conveyance of traffic in the public streets, and the width of tires and wheels of all vehicles used width of tires, for the conveyance of articles of burden, goods, wares or ... * * merchandise, and for regulating the style and form of shoe shoe. to be worn by horses driven on the streets, and for exempt- ing the horses and wagons of farmers conveying the products of farms from places outside the City from the provisions of such by-laws. º Driving on (128) For preventing the leading, riding or driving of * horses or cattle upon sidewalks, boulevards or upon such por- tions of the streets as the by-laws of the City may designate. priving with (129) For preventing horses or mules in harness, during ºn the winter season, being driven without bells; and for pre- venting horses or other animals being left at large or stand- ing on any of the streets of the City without being suffi- ciently secured to prevent them running away. - 1902 . WINNIPEG CHARTER. CAP. 77. 221 (130) For authorizing and for assigning stands for vehicles Dray and kept for hire on the public streets and places, and for auth-"** orizing the erection and maintenance of covered stands or capmen’s booths in the streets for the protection and shelter of the shelters. drivers of such vehicles. Provided that no such booth or provis, 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. (131) For preventing common begging Or persons in the Mendicants. streets importuning others for help or aid in money, or de- formed or malformed or diseased persons from exposing themselves or being exposed on the public streets to excite sympathy or induce help or assistance from general or pub- lic charity. t (132) For regulating or preventing the ringing of bells unusual (except church and school bells), blowing of horns, beating of noises. drums, shouting and other noises in streets calculated to dis- turb or annoy the inhabitants. (133) For preventing or regulating the firing of guns or Firearms and other fire-arms, and the firing or setting off of fire-balls, fireworks. squibs, crackers or fireworks; and for preventing charivaries, and other like disturbances of the peace. (Sub-sec. (p), Sec. 605, JMunicipal Act.) (134) For preventing persons on Streets or other public Hotel runners. places from importuning others to travel in or employ any vehicle, or go to any tavern or boarding house, or for regu- lating persons so employed, or for limiting the number of •9 hotel runners to be employed at any time and place by any Limiting num- hotel, and for limiting and defining the parts of the City tº within which such persons may be so employed. (Sub-sec. (q), Sec. 605, Municipal Act.) (135) For preventing and regulating the use or occupation scaffolding, of a part of the streets by builders in erecting buildings or .s. structures of any kind, the character of the scaffolding to be used, and the fences and barriers to be kept up for the pro- tection of the public during building operations, and for re- quiring a cash deposit or other security against damage or injury to the sidewalks or other property of the City aris- ing from same. (Sub-sec. (v), Sec. 605, Municipal Act.) (136) For authorizing the construction of any street rail-Street t tº . *t → e e rail Ways. way or tramway upon any of the streets within the City, and for regulating and governing the same, and for fixing the rates to be charged thereon. (Sub-sec. (f), Sec. 605, Municipal Act.) (137) For providing that each street car. propelled by elec-Fenders on tricity shall be equipped with a fender or guard of a pat- * 2 2 2 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII term and kind suitable for the protection of the public, and for making any regulation in this behalf applicable as well to cars now in operation on existing lines of street railway as to cars hereafter to be installed if operated. (Sec. 24, Cap. 24, 62 and 63 Vic.) - Timber, etc., (138) For preserving or selling timber, trees, stone, sand or Śiśce gravel on any allowance or appropriation for a public road. iºd . (139) For selling the original street to the parties next ad- joining whose lands the same is situated, when a public road has been opened in lieu of the original street, and for the site or line of which compensation has been paid, and for selling in like manner to the owners of any adjoining land any street legally stopped up or altered by the Council; and, in case such parties respectively refuse to become the purchasers at such price as the Council thinks reasonable, then for the sale thereof to any other person for the same or a greater price. Sidewalks. (140) For setting apart so much of any street as the Coun- cil may deem necessary for the purposes of a footpath or sidewalk, and for imposing penalties on persons travelling thereon on horse back or in vehicles. Aiding roads (141) For granting aid to any adjoining municipality for §§§ making, opening, maintaining, widening, raising, lowering or otherwise improving any highway, road, street, bridge or communication passing from or through an adjoining muni- cipality., 4) • * **** * * º º & gº wº ę Aid §§ ( 142) F o! granting aid to any municipality In Openlng, I'll Cll)all UV * * * * * * * * * . * -\t * vvori in o' *. <- #. º §t. making, maintaining, widening, ral Sling, lowering OT other side city limits wise imnroving any highway, road, street or bridore outside of the City. VARIOUS TRADES, ETC. Transient (143) For licensing, regulating and governing transient ºnd traders and other persons, who are or are not residents of the City, who occupy premises in the City for temporary periods, and who may offer goods or merchandise of any description for sale by auction or in any other man- ner, conducted by themselves or by a licensed auctioneer or otherwise, or from out of railway cars or while in railway cars ...transient or otherwise. The expression “transient traders” in this ºpplr paragraph shall extend to and include any person commenc- expression. ing in the City any kind of business in this paragraph re- ferred to who has not resided in the City for a period of at least three months next preceding the time of commencement by him or her of such business therein. 1902 WINNIPEG CHARTER. CAP. 77. 223 (144) For licensing, regulating and governing all persons Billiard tables. who, for hire or gain, directly or indirectly, keep or have in their possession, or on their premises, any billiard, pool or bagatelle table, or who keep a billiard or bagatelle table, in a house or place of public entertainment or resort, whether such billiard or bagatelle table be used or not, and for fixing the sum to be paid for a license to have or keep such billiard or bagatelle table and the time such license shall be in force. (145) For limiting the number of and regulating victual-Eating houses. ling houses, ordinaries and houses where fruit, oysters or vic- tuals are sold to be eaten therein, and all other places for re- ception, refreshment or entertainment of the public, and for licensing the same and for affixing the rates for such licenses, not exceeding one hundred dollars per annum. (145a) For regulating and licensing all theatres, opera Licensing houses, play houses, concert halls, public halls and places of ** public meetings, and for enforcing payment of the license fee by seizure and sale of all articles or chattels within the same or by such other remedies as may be expedient. Provided that the annual license fee for such place shall not exceed $200. (Sec. 12, Cap. 23, 56 Vic.) (146) For preventing or regulating and licensing exhibi- Public. tions of wax work, theatrical companies, menageries, circus * riding and other such like shows usually exhibited by show- $ men; and for requiring the payment of license fees for auth- orizing the same, not exceeding five hundred dollars per day, except in the case of theatrical companies, upon which a license fee of not more than ten dollars per day may be im- posed; and for imposing fines on persons infringing such by- laws, and for levying the same by distress and sale of the goods and chattels of such showmen or other persons liable, or belonging to or used with such exhibition, whether owned by such showmen or other persons or not, or for imprison- ment of such offenders for any term not exceeding one month. (147) For licensing suitable persons to keep intelligence Intelligence offices for registering the names and residences of, and giving * information to or procuring servants for, employers in want of domestics or laborers, and for registering the names and residences of, and giving information to or procuring em- ployment for domestics, servants and other laborers desiring employment, and for fixing the fees to be received by the keepers of such offices; for the regulation of such intelli- gence offices; for limiting the duration of or revoking any such license; for prohibiting the opening or keeping of any such intelligence office within the City without license; for fixing the annual fee to be paid for such license. (Sub-sec. (q), Sec. 608, Municipal Act.) 224. CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Trading stamp, etc., COIn panleS. Merchants. using trading stamp, etc. Places of amusement. Licensing auction CerS. Character of person to be licensed. Licensing hawkers. Controiling, etc., various kinds of business. (147a) For licensing, controlling and governing all per- sons, firms and corporations engaged in the business of issu- ing to retail merchants trading stamps, trading checks, gifts or coupons for delivery to their customers with goods sold, and all such gift enterprises with like objects; and for fixing the sum to be paid for such license, the same not to exceed $5,000 for every year. (Sub-sec. (n), Sec. 15, Cap. 23, 1 Ed. VII.) (147b) For licensing, controlling and governing all per- sons, firms and corporations using, in connection with their retail business, and giving to purchasers of their wares and merchandise trading stamps, trading checks, gifts or coupons as an inducement to purchase, and for fixing the amount of such license, the same not to exceed $500 for every year. (Sub-sec. (o), Sec. 15, Cap. 23, 1 Ed. VII.) (148) For preventing or regulating and licensing exhibi- tions held or kept for hire or profit, bowling alleys and other places of amusement. (149) For licensing, regulating and governing auctioneers and other persons selling and putting up for sale goods, wares, merchandise or effects by public auction; and for fix- ing the sum to be paid for every such license, and the time it shall be in force, and for prohibiting the granting of such license to any applicant who is not of good character or whose premises are not suitable for the business or upon re- sidential or other streets in which, in the opinion of the Council, it is not desirable that the business of auctioneer should be carried on, such qualification to be determined by Such means as the by-law provides. (150) For the licensing, regulating and governing hawk- ers, 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; and for fixing the sum to be paid for a license for exercising such calling within the City and the time it shall be in force. (151) For controlling, regulating and licensing telegraph and telephone companies, telegraph and telephone Offices, butcher shops and butcher stalls, and insurance companies and offices in the City, skating and roller rinks, and all other kinds of business, industries or callings carried on Or to be carried on within the City, also commercial trav- ellers selling goods, merchandise or any effects what- soever, or offering the same for sale by Sample cards, specimens, or otherwise, for or on account of any retail merchant, retail manufacturer or other person selling direct to the consumer, not having his prin- 1902 WINNIPEG CHARTER. CAP. 77. 2 2 5 cipal place of business in the City, and for collecting license fees or other remuneration for the same; and for controlling, regulating and licensing commercial travellers, whether act. ing for themselves or as agents for any other person or cor- poration, and who take orders for any goods or for any fin- ished article whatsoever, which are or is to be manufactur- ed, made or completed in some place outside the City by any retail merchant, manufacturer or other person or corporation not having his or its principal place of business in the City. (152) For regulating “junk” stores or shops and second-Junk stores hand stores and shops; and for fixing the sum to be paid for ...". a license so to have or keep such “junk ’’ store or shop or second-hand store or shop, and the time such license shall be in force; for regulating the method of keeping accounts of the transactions of the keepers of such “junk" and second- hand shops or stores, their giving tickets and receipts to cus- tomers, and the making of reports of all transactions to the police, and for inspection of goods and account books and for fixing the hours during which such places may be kept open. (153) For licensing and regulating pawnbrokers, prescrib-pawnbrokers. ing the method of making entries of pawnbrokers’ transac- tions in proper books, the giving of tickets or receipts for goods pawned, for reports of all transactions by pawn or pur- chase to the Mayor or police; for inspection of books and goods; for preventing the pledging of goods by or belonging to minors; and for preventing persons under the age of sixteen years being employed in the office or business of a pawnbroker; for cancellation of pawnbrokers’ licenses by the Bolice Commissioners; and generally for regulation of all matters incidental to the business of a pawnbroker. (154) For regulating and licensing bill posters. Bill posters. (155) For regulating and licensing and depriving of licen-Licensing - º - tº livery stables, ses the owners of livery, feed and sale stables, and of horses, abset. cabs, carriages, drays, omnibusses and other vehicles used for hire and the drivers thereof; and for establishing the rates ..."g of of fares or charges to be taken and for enforcing the pay- ment thereof ; and for prohibiting the granting of a license to any applicant either as owner or driver of any cab, carri- age or other vehicle used or intended to be used for hire if such applicant be not of a good character and a fit and proper person for such business, such qualification or dis- qualification to be determined by such means as the by-law provides, whether in the discretion of the Council or com- mittee thereof, or by the decision of an officer or officers to be appointed by the Council. - (156) For licensing and regulating the owners and keepers º; of stores, hotels, shops and other places where tobaccos, cigars “*” 226 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Licensing shoeblacks or cigarettes are sold by retail, and for preventing the sale of tobacco, cigars or cigarettes to children under the age of fourteen years, except on a written order of the parent, guardian or employer of the child. (Sub-sec. (n), Sec. 608, Municipal Act.) (157) For regulating and licensing boys to act as shoe- ...joys, blacks and newsboys, and to prevent girls from following said Wharfs, etc. Free public library. Joint works. Local ferries. Closing or leasing road allowance. Enforcement, occupations. GIENIERAL. (158) For making, opening, preserving, altering, improving and maintaining public wharfs, docks, slips, shores, rivers or waters and the banks thereof. (Sub-sec. (1), Sec. 593, Mun- icipal Act.) (159) For establishing, managing and maintaining a free public library; and for appointing and changing from time to time a committee, which may be partly composed of per- sons not members of the Council, to manage the same, and for appropriating and expending each year such sum as shall not exceed the amount of one-fourth of one mill on the dol- lar of the total assessment of the City in the purchase of books, magazines, papers and furniture, and the salaries and the expenses of management and maintenance. (Sec. 22, Cap. 23, 56 Vic.., 1893.) (160) For entering into and for forming any arrangement with any other Council for executing, at their joint expense and for their joint benefit, any work within the jurisdiction of the Council. (161) For the regulation, establishment and maintenance of ferries wholly within the City and subject to the jurisdiction of the Legislature of Manitoba; and for the granting of ex- clusive privileges therein for any term not exceeding ten years, upon such terms and conditions as to rates of ferriage and management as shall seem best. (162) For the stopping up, leasing or sale of any original allowance for road, or any part thereof, within the City, and for fixing and declaring therein the terms upon which the same is to be...leased, sold or conveyed, but no such by-law shall have any force unless passed in accordance with section 709 of this Act. EN FORCEMENT OF T3X-TAws. 704. The City may also pass a by-law or by-laws for in- ºl. flicting reasonable penalties, not exceeding $50, in addition to fine, distress, im "risonment etc. costs, for breach of any of the provisions of the by-laws of the 1902 - WINNIPEG CHARTER. CAP. 77. 227 City; for collecting such penalties and costs by distress and sale of the goods and chattels of the offender; . for inflicting reasonable punishment by imprisonment, for any period not exceeding twenty-one days, for breach of any of the by-laws of the Council, in case of non-payment of fine inflicted for any such breach and there being no dis- tress found out of which such fine can be levied; except for breach of any by-law or by-laws for the suppression of houses of ill-fame, for which the imprisonment may be for any period not exceeding six months, in case of the non-pay- ment of the costs and fines inflicted, and there being no suf- ficient distress as aforesaid. (Sec. 592, Municipal Act.) MISCELLANEOUS PROVISIONs As To BY-LAws. 705. Amy by-law of the City passed under sub-sections 1 ºx tº tº e e C II) ºu C1G 8.13 - to 162, inclusive, of section 703 of this Act, may be made icº, * applicable to the whole City or any part thereof only as may "8.” " be prescribed by such by-law. 706. No by-law passed under this Act shall prevent a Farm produce * - * free from fees. farmer or farmers from selling, free of all charges or taxes or fees, farm produce of any kind in the City, by hawking the same from house to house or otherwise; nor shall any by- law passed under this Act make it compulsory to have such farm produce weighed or measured, or to have the free sale thereof in any way interfered with. $3 707. In respect of any legislation which the Council is Bylaws as to g keeping cows, authorized to make prohibiting the keeping of cows, swine, storage of ex: poultry or other animals, the operation of any manufactory º nºi: or the storage of explosive or other articles within a specified ºf" distance from any residence or other occupied premises, or * prohibiting of buildings of certain classes within defined limits, the Council may provide that, upon the written con- sent of the whole or any specified part of the residents within a specified distance from the place proposed for such stable, manufactory, storage, warehouse or other place, the prohibition of the regulations shall not apply, and may fur- ther provide for limiting the period of the enjoyment of Such privileges free from such prohibition. (Sec. 23, Cap. 24, 62 and 63 Vic.., 1899.) OPENING ROADS, ETC. 708. The City may pass by-laws— (a) For opening, making, preserving, improving, repair-opening or ; ºn as © : * ~ ~3 ºn ~ tº •+, * S v or * changin ing, widening, altering, diverting or stopping up roads, º, streets, bridges, alleys, lanes or other public communications CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Roads across railways, or on railway lands. Council empowered to convey street, etc., to railway COImpany. Proviso that substituted road be provided. New road must be approved. Liability for compensation. Road by-laws, legislation of by Lieut.-Gov.- in-Council. Conditions under which such by-laws may be passed. within the jurisdiction of the Council, and for entering up- on, breaking up, taking or using any land in any way neces- sary or convenient for said purposes, subject to the restric- tions in this Act contained, and for preventing and remov- ing any obstruction upon any roads or bridges within its jur- isdiction. * (b) For establishing, opening, making, preserving, im- proving, maintaining, widening, enlarging, altering, divert- ing or stopping up, within the limits of the City, any high- way or road through, over, across, under, along or upon the railway and lands of any railway company, and for enter- ing upon, breaking up, taking or using any such land in any way necessary or convenient for such purpose, provided that such road or highway be within the jurisdiction of the Council. (Sub-secs. (a) and (b), Sec. 644, Municipal Act.) (c) For diverting, closing up and conveying to a railway company, either heretofore in existence or which shall here- after be in existence, or to any person, any roads, streets, bridges, alleys or lanes, or any part or parts thereof, within the jurisdiction of the Council, upon such terms and condi- tions as said Council may impose; and a conveyance to a railway company or to any person, made in pursuance of any such by-law, shall absolutely vest in the company or person the fee simple in the land intended to be or purporting to be conveyed by the City to the company or person. Provided that the company or person shall pay the expense of opening up, or shall provide a new road allowance in lieu of the One so taken, and, in the event of the railway company, or person agreeing to provide the substituted road allowance, then such company or person shall have all such powers for expropriating the land required for the new road allowance as are possessed by the City. Provided, further, that such new road allowance must be approved of by the Council, and that in any such case the said company or person shall be solely liable for the damage mentioned in section 774 of this Act. (Sec. 645, Municipal Act.) (d) The Lieutenant-Governor-in-Council is empowered, on the application of the Council, in any case in which it may seem proper, to authorize, approve or legalize any action of the Council dealing with, or attempting to deal with, any of the class of subjects set forth in the various paragraphs of this section, notwithstanding the Council has or has not duly passed a by-law authorizing such action. 709. The Council shall not pass a by-law for stopping up, altering, widening, diverting, conveying or selling any original allowance for road, or for establishing, opening, 1902 WINNIPEG CHARTER. CAP. 77. 229 stopping up, altering, widening, diverting or selling any other public highway, road, street or lane,— (a) Until written or printed notices of the intended by-Notice, law have been posted up One month previously in six of the most public places in the immediate neighborhood of such original allowance for road, street or other highway, road, street or lane, (b) Nor until the Council has heard, in person or by Hearing counsel or attorney, any one whose land might be prejudici-P". ally affected thereby, and who petitions to be so heard; (c) And the Clerk shall give such notices, at the request Expense of of the applicant for the by-law, upon payment of the reason-" "“ able expenses attendant on such notices. The observance of the requirements of this section shall not be necessary, in the case of establishing or opening a public highway, road, street or lane, if conveyances or transfers of the land required can be obtained from the owners, but shall only be necessary where expropriation of any of such land is necessary. 710. The Council shall not close up any public road or Ingress and highway, whether an original allowance or a road opened:#" by the Council, or otherwise legally established, whereby any person will be excluded from ingress or egress to and from his lands or place of residence over such road, unless the Council, in addition to compensation, also provide for the use of such person some other convenient road or way of access to the said lands or residence. (Sec. 646, Municipal Act.) PUBLIC HIGHWAYs, BRIDGEs, ETC. 711. In all cases where, by the alteration of the direction Disposition of of any public road or highway or by making any new road” “” or highway, the old road or highway, or a portion thereof, shall become unnecessary for the public, then such old high- war or road, or portion thereof, if thought just and if so expressed and declared by by-law of the Council, may be vested in and belong to the person or persons who respec- tively is or are proprietor or proprietors of the land from which such old highway or road was originally taken. (Sec. 647, Municipal Act.) 712. For the purpose of any survey required or necessary surveyors on or before the opening, making, altering, widening or di ºis to verting of any road, lane, bridge or highway, by the Council make surveys. under this Act, any duly authorized surveyor shall have the right to enter upon any land or property and, generally, to 230 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII do anything necessary to make such survey, without doing any unnecessary damage to the property entered upon. (Sec. 640, Municipal Act.) ºn 713. Every by-law passed by the Council under the au. opening roads thority of which any street, road or highway has been or on private e tº , " . property. is opened upon any private property shall, before the same becomes effectual in law, be duly registered in the Winnipeg Land Titles office ; and for the purpose of such regis- tration a duplicate original of such by-law shall be made out, certified under the hand of the Clerk and un- der the seal of the City, and shall be registered without any further proof on payment of the proper costs and charges. No by-law shall be registered under this section unless the same has annexed thereto a plan showing the street, road or highway which has been opened up, which plan shall be cer- tified by a duly qualified Provincial land surveyor. (Sec. 650, Municipal Act.) Public roads, 714. All allowances made for roads by the Dominion Government survey in the City, and also all roads laid out by virtue of any statute, or roads properly dedicated to the public use, shall be deemed common and public highways, unless where such roads have been already altered, or may hereafter be altered according to law. (Sec. 610, Municipal Act.) confirmation 715. All the surveys of great highways or public roads of surveys performed under the authority of the Dominion or Provin- cial Government and the plans thereof, duly certified, shall be and are hereby declared to be the survey of such great highways and public roads, and such survey is hereby con- firmed and made valid. (Sec. 611, Municipal Act.) property vest. 716. Unless otherwise provided for the soil and freehold ed in Crown of every public highway or road altered, amended or laid s out, according to law, shall be vested in His Majesty, his heirs and successors, for the use of the Province of Mani- toba. (Sec. 613, Municipal Act.) Trespass com. 717. In case it appear that the City has opened that # **** which it takes and believes to be the true site of an original road or allowance for road, and in case the City, its officers and sérvants shall have acted in good faith and shall have taken all reasonable means to inform themselves of the cor- rectness of their line and work, and in case it appear that the road being opened, although not or not altogether 1902 WINNIPEG CHARTER. CAP. 77. 231 upon the true line of the original road or allowance for road, is nevertheless, from any difficulty in discovering correctly the true line, as near to or as nearly upon the true line as under the circumstances could then be ascertained, no action shall be brought by any person against the City, its officers cr servants for or in respect of the opening of such road or allowance for road, or for any other act or matter whatso- ever connected with or arising from the same. (Sec. 626, Municipal Act.) 718. The City shall, however, in any case respecting the compensation opening of an original road or road allowance, make to any “"“” person having title to or interest in the same reasonable compensation in full of all claims and as a final settle- ment of the same. Provided that the claims for such com-Proviso. pensation shall be made within two years from the time of the laying out or taking possession, by the City or its officers, of such road or the part thereof in respect of which com- pensation is claimed; and, in the event of the parties not agreeing as to the amount or terms of such compensation, the same shall be ascertained and the payment thereof en- forced under the provisions of this Act relating to arbitra- tions. (Sec. 627, Municipal Act.) 719. Subject to the exemptions and provisions herein-jurisdiction of after contained, the Council shall have jurisdiction over 9ouncil. bridges and the original allowances for roads and highways within the City. (Sec. 614, Municipal Act.) 720. The possession of every public road, street, bridge, Possession lane, square or other highway, in the City, shall be vested in “” the City, subject to any rights in the soil which the individ- uals who laid out such road, street, bridge or highway re- served, and except any other road within the City taken and held possession of by an individual in lieu of a street, road or lighway laid out by him without compensation therefor. (Sec. 615, Municipal Act.) 721. No encroachment or nuisance whatever shall be Encroach. qmade or left by any person in or on any roads or public. highways under penalty of a fine not exceeding the sum of twenty dollars. (Sec. 617, Municipal Act; Cap. 23, I Ed. VII.) ./ 722. Every public road, street, bridge and highway, and Repairs of every portion thereof, shall be kept in repair by the City,” and on default of the City so to keep in repair the City shall, besides being subject to any punishment provided by law, be civilly responsible for all damages sustained by any pºint, to person by reason of such default. damages. 232 CAP. 77. * < WINNIPEG CHARTER. 1-2 EDW. VII s #. (a) Provided, however, that the liability of the City shall be limited to that portion of the road on which work has been performed or public improvements made by the City. * Notice of (b) Provided, further, that notice of any such claim or action. action must be served upon the Clerk within one month after the happening of the alleged negligence, and any action brought for damages in connection there with shall be com- menced within three months from the receiving of such no- tice. (Sec. 618, Municipal Act.) - Private roads. 723. The last preceding section shall not apply to any road, street, bridge or highway laid out by any private per- son, and the City shall not be liable to keep in repair any Such last mentioned road, street, bridge or highway, until established by by-law or until the City have expended moneys in improving the same. (Sec. 619, Municipal Act.) Inter-munici. 724. All roads and highways forming the boundary be $ºnd tween the City and adjoining municipalities shall be opened, .* maintained, kept in repair and improved by the City and such municipalities of which they form such boundary or boundaries; and the councils of the City and such municipal- ities shall have joint jurisdiction over the same and be liable accordingly, although the road may so deviate as in some places to be wholly or in part within one or either of them. ( Sec. 620, Municipal Act.) Settling differ. 725. Whenever the City and any municipality interested sººn in the whole or part of any boundary line road are unable, § ºf mutually, to agree as to their joint action in opening or ing. maintaining such line road, or portion thereof, the City or Such municipal council may apply to the Municipal Com- missioner to determine the amount which the City and each municipality shall be required to expend, either in money or statute labor, or both, and the mode of expenditure on such road; and his award and decision thereon shall be final and binding upon the City and the municipalities interested, and may be enforced by the City or any of the municipali- ties in any Court of competent jurisdiction, and all sums of money overpaid by the City or such municipalities for such maintenance may be recovered by action of debt from the City or the municipality or municipalities in default or neglecting to make the payments directed by such award. (Sec. 621, Municipal Act.) Effect. Of 726. No by-law of the Council of the City or any one of by-laws. such municipalities with respect to any such last mentioned road shall have any force until a by-law has been passed in 1902 . WINNIPEG CHARTER. CAP. 77. 233 similar terms as nearly as may be by the City and council or councils of the other municipality or municipalities hav- ing jurisdiction in the premises. (Sec. 622, Municipal Act.) 727. In case the other council or councils, for three Arbitration in months after notice of the by-law, omit to pass a by-law in *ising similar terms, the duty and liabilities of the City and of Passed. each municipality, in respect to the road or bridge, shall be referred to arbitration under this Act, and on the arbitration it shall be lawful for the arbitrators to direct in their award what shares of the expense and maintenance thereof shall be borne by the City and each of the municipalities interested. (Sec. 623, Municipal Act.) 728. In case an action is brought against the City to re- Remedy over cover damaoes sustained by reason of any obstruction, ex-º." cavation or Opening in or near to a public street placed, ºpºſiº e © º 2 causing drain- made, left or maintained by any other corporation or by any age person or persons other than a servant or agent of the City, or to recover damages sustained by reason of any negligent or wrongful act of any other corporation or any person other than a servant of the City, the City shall have a remedy over against such corporation or person, and may enforce payment accordingly of the damages and costs (if any) which the plaintiff in the action may recover against the City. (Sub- sec. 1, Sec. 609, Municipal Act, Ont.) 729. The City shall be entitled to such remedy over in Procedure. the same action, if such corporation or person shall be Nº. made a party to the action; if it shall be established in the ººº to action, as against such corporation or person, that damages Whiº. º tº e ages claimed were sustained by reason of an obstruction, excavation or against City. Opening as aforesaid placed, made, left or maintained by such corporation or person, or by reason of such negligent or wrongful act as in preceding section mentioned, the City may, in such action, have such corporation or person added as a party defendant or third party for the purposes hereof if the same is not already a defendant in the action jointly with the City, and such corporation or person may defend such action as well against the plaintiff’s claim as against the claim of the City to remedy over, and the Court or Judge, upon the trial of the action, may 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. (Sub-sec. 2, Sec. 609, Muni- cipal Act, Ont.) 730. If any such corporation or person be not a party procedure defendant to such action, or be not added as a party defend-Mºja. ant or third party, or if the City shall pay the claim for lºts to such damages before any action is brought to recover the ºl same, or before any recovery of damages or costs against the ...'. º CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Penalty for njuring trees. Tree planting. Removing trees, Ct.C. City, the City shall have a remedy over by action against such Corporation or person for such damages and costs as have been sustained by reason of any obstruction, excavation or opening placed, made, left or maintained by such corporation or per- son, provided always that such corporation or person shall be deemed to admit the validity of the judgment obtained against the City in cases only where a notice has been served on such corporation or person pursuant to the provisions of Rule 239 of “The Queen’s Bench Act, 1895,” or by reason of such negligent or wrongful act as in preceding section mentioned, or when such cor- poration or person has admitted or is otherwise estopped from denying the validity of such judgment; and when no such notice has been served, and there has been no such ad- mission or estoppel, and such corporation or person has not been made a party defendant or third party to the action against the City, or when such damages have been paid with- out action or without recovery of judgment against the City, the liability of the City for such damages, and the fact that damages were sustained by reason of an obstruction, excava- tion or opening placed, made, left or maintained by such cor- poration or person, or by reason of such negligent or wrong- ful act, shall be established in the action against such cor- poration or person in order to entitle the City to recover in such action, a similar notice mutatis mutandis may be given in an action or proceeding in the County Court. (Sub-secs. 3 to 5, Sec. 609, Municipal Act, Ont.) - ROADS. 731. Any person who shall tie or fasten any animal to any such tree, shrub or sapling so growing or planted upon any highway or road, or shall injure or destroy, or who shall re- move any such shrub, tree or sapling, or shall receive the same knowing it to be so removed, shall incur a penalty of not more than ten dollars. (Sec. 642, Municipal Act.) 732. Any person owning land adjacent to any street may plant trees, shrubs or saplings on the portion thereof contigu- ous to his land; but no tree, shrub or Sapling shall be so plant- ed that the same may be or become a nuisance in the street, or obstruct the fair and reasonable use of the same; every tree, shrub or sapling so planted in any street shall be deemed to be the property of the owner for the time being of the land whose owner planted the same. (Sec. 640, Municipal Act.) 733. The Council may cause any tree, shrub or sapling growing or planted on such street to be removed, if and when such removal shall be deemed necessary for any purpose of 1902 WINNIPEG CHARTER. CAP. 77. 235 public improvement in connection with such street; but no Gwner of any tree, shrub or sapling, nor any officer of the City, nor any other person, shall remove, cut down or injure such tree, shrub or sapling, on the pretence of improving the highway or road or otherwise, without the express permission by resolution of the Council or the Parks Board. (Sec. 641, Municipal Act.) 734. It shall be lawful for the Council to expend money council may in the planting and preserving of shade and ornamental trees Pº” upon the streets. (Sec. 643, Municipal Act. ) 735. In every case of construction or renewal of any construction kind of permanent pavement upon any of the streets in the .º. City occupied by the Winnipeg Electric Street Railway Com-fººt pany, the said company shall have the option of constructing” aly UO. their portion of any such pavement, provided always that such work shall be the same as that done by the City, or at their request the City shall construct the same, and in every such case the City shall assess an annual rate, covering interest and, sinking fund, extending over the like period as that upon which the assessment upon the adjacent ratepayers is ad- justed, upon the said company for the cost thereof, with full power to the said City to raise such sum by an issue of de- bentures and to collect the same in the manner provided under this Act for the construction of improvements. 736. Section 2 of Chapter 33 of the Statutes of Mani- S. 2, C. 33, 1895, toba passed in the year 1895 is hereby repealed in so far as *P* respects the City of Winnipeg. - (a) Notwithstanding the provisions of section 29 of the sunday street schedule in Chapter 56, of the Statutes of Manitoba passed car service. in the year 1892 (being By-law No. 543 of the City of Win- mipeg), the Council shall not grant the right to the Winnipeg Electric Street Railway Company to operate its cars on Sunday unless an affirmative reply or vote shall be given, by Assent of a majority of the electors voting thereon, to the question of ºğ. operating a Sunday street car service, to be submitted by by-ing necessary. law of the Council at the time of the annual general muni- cipal elections. (b) The proceedings, regulations, method of voting, and ºilº. the certificates and returns of the deputy returning officers, mission of the summing up of the votes by the Clerk, and the penalties question. provided by “The Winnipeg Charter ’’ for the conduct of municipal elections and for voting on municipal by-laws, so far as the same are applicable and except so far as is herein otherwise provided, shall apply, mutatis mutandis, to the CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII By-law to define extent of Service. Appointment, Of agents, etc, Who entitled to VO! C. By-law to be submitted at taking of every vote upon the question of operating a Sunday service of street cars in the City of Winnipeg and to all officers and other persons engaged in taking such vote; (c) The submission of the said question shall be in pur- suance of a by-law of the Council, which shall define the character and the extent of the proposed service. But no such by-law shall be submitted until the terms thereof, defin- ing the character and extent of such proposed service, shall first have been approved and adopted in writing by the company; - (d) No person shall vote more than once upon the said question; (e) The Council, by the by-law whereby a time for taking amy vote upon the said question shall be fixed, shall also fix a time and place at which the Clerk shall sum up the num- ber of votes given in favor of deciding the said question in the affirmative and in the negative respectively, and a time and place for the appointmént, by the Mayor, of agents who may attend at the various polling places and at the final sum- ming up of the votes by the said Clerk, respectively, on behalf of the persons desiring to procure an answer in the affirma- tive and negative, respectively, to the said question; (f) At the time and place so fixed, the Mayor shall ap- point in writing, signed by him, from among the applicants for such appointment or on behalf of applicants for each polling sub-division in the City, two agents on behalf of the persons desirous of procuring an affirmative answer to the said question, and a like number of agents on behalf of the persons desirous of procuring a negative answer there- to, who may attend at each polling place during the taking of such vote, and shall also similarly appoint two persons on each side who may attend at the final summing up of the vote; (g) Every person so appointed, before being admitted to the polling place or to the Summing up of the vote, as the case may be, shall produce to the deputy returning officer or the Clerk, as the case may be, his written appointment; (h) The persons entitled to vote upon the question of operating a Sunday street car service in Winnipeg shall be those whose names are upon the revised list of municipal electors, entitled to vote for Mayor and aldermen at the time of such voting; (i) The voting in respect of the question of a Sunday service shall be held at the time, and by the same officers, as 1902 WINNIPEG CHARTER. CAP. 77. * 237 º 0. e & shall be appointed for taking the votes for Mayor and time of annual municipal aldermen; elections. (j) All deputy returning officers, poll clerks and agents, who may be entitled to vote, may vote on the said question at the places at which they are employed, in the same man- ner and under the same conditions as at municipal elections; (k) The oath or affirmation which is to be administered oath. to persons claiming the right to vote upon the said question shall be in accordance with the forms set forth in “The Winnipeg Charter,” mutalis mutandis, and every deputy returning officer who shall preside at any polling place dur- ing the taking of any such vote is hereby authorized and re- quired, upon the request of any person entitled to be present in such polling place; to administer the said oath or affirm- ation to every person claiming such right; and if any person shall refuse to take such oath or affirmation his vote shall not be received; and if the deputy returning officer re- ceives such vote or cause the same to be received he shall incur a penalty of $200 for each such offence; * (1) After the taking of any vote upon the said question, If a negative , l- > t e ... • , , , , o, a 4-3 t t anSWel', w hich shall result in the giving of a negative answer ther etº, ºil can. it shall not be lawful for the Council again to submit the said ºffin question until a period of three years at least shall have º gº * g | TCG V Cal’S. elapsed from the time it was last submitted. y TRAVELLING ON HIGHWAYs. 737. In case a person travelling or being upon a street, Rule of the in charge of a vehicle drawn by one or more horses, or jº one or more other animals, meets another vehicle drawn as £foresaid, he shall turn out to the right from the centre of the road, allowing to the vehicle so met one-half of the road. 738. In case a person, travelling or being upon a street in where driver charge of a vehicle as aforesaid, meets a person travelling;...” upon a bicycle or tricycle, he shall, where practicable, turn to the right from the centre of the road so as to allow the person travelling upon the bicycle or tricycle sufficient room on the travelled portion of the street to pass. (Sec. 628, Municipal Act.) 739. In case a person travelling or being upon a street º in charge of a vehicle as aforesaid, or on horseback, is jºs to overtaken by any vehicle or horseman travelling at greater the right. speed, the person so overtaken shall quietly turn out to the right and allow the said vehicle or horseman to pass. 288 . CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII i. tº 740. Any person so overtaking another vehicle or horseman jº" shall turn out to the left so far as may be necessary to avoid a collision with the vehicle or horseman so overtaken, and the person so overtaken shall not be required to leave more than one-half of the road free. sº 741. In case a person travelling or being upon a street upon tº . " a bicycle or tricycle is overtaken by any vehicle as aforesaid, ** * or horseman travelling at a greater speed, the person so over- taken shall quietly turn out to the right and allow the said vehicle or horseman to pass, and the person so overtaking the bicycle or tricycle shall turn out to the left so far as may be necessary to avoid a collision. f Where the 742. In case a person travelling upon a highway on a bi- §º... cycle or a tricycle overtakes any vehicle as aforesaid, or horse- or driver man travelling at a less speed, or a person travelling on foot, the person travelling on the bicycle or the tricycle shall give the other person audible warning of his approach before at- tempting to pass, and shall pass to the left of such vehicle, pedestrian or horseman, who shall if practicable turn to the right to allow such bicycle or tricycle sufficient room to pass on the travelled roadway. Cyclists 743. In case two persons travelling upon bicycles or tri- meeting. g cycles meet each shall turn to the right. One cyclist 744. In case a person travelling on a bicycle overtakes an- .* other travelling upon a bicycle the one overtaken shall keep or turn to the right of the travelled way to allow the other to pass on the left. Cyclists to 745. Persons travelling upon bicycles shall keep to the hºne right of the middle line of the travelled roadway. roadway. Rule for 746. Persons travelling upon bicycles and turning at street §gº.º.º intersections from one street to another shall, if turning to the ing at street e ~ : s © CrOSSling. right, keep close to the corner of the street intersection; if turning to the left they shall first cross the intersecting street and then turn so as to keep to the right of the roadway. (Sec. 629, Municipal Act.) priver unable 747. In the case of one vehicle being met or overtaken tº out "by another, if, by reason of the extreme weight of the load on either of the vehicles so meeting or on the vehicle so over- taken, the driver finds it impracticable to turn out as afore- said, he shall immediately stop, and, if necessary for the safe- ty of the other vehicle, and if required so to do, he shall as- sist the person in charge thereof to pass without damage. (Sec. 630, Municipal Act.) 1902 WINNIPEG CHARTER. CAP. 77 239 748. In case of a person in charge of a vehicle, or of a Penalty on horse or other animal used as the means of conveyance, tra- ºś. velling or being on a street as aforesaid, is through drunken-i.” " ness unable to drive or ride the same with safety to other per- Sons travelling on or being upon the street he shall incur the penalties imposed by this Act for the violation of the provis- ions of any by-law of the City. (Sec. 631, Municipal Act.) - 749. No person shall race with or drive furiously any Racing, swear horse or other animal, or shout, or use any blasphemous or #1.” indecent language, upon any street. (Sec. 632, Municipal prohibited. Act.) 750. Every person travelling upon a street with a sleigh, sleigh horses sled or cariole, drawn by horse or mule, shall have at least” ” two bells attached to the harness or such conveyance. (Sec. 633, Municipal Act.) UNSANITARY BUILDINGs. 751. If the Health Officer of the City, upon due examin-unsanitary ation, is satisfied that a cellar, room, tenement, or building buildings. within his jurisdiction, Occupied as a dwelling-place, has be- come, by reason of the number of occupants, want of clean- liness, the existence therein of contagious or infectious dis- ease, or other cause, unfit for such purpose, or that it has be- come a nuisance or in any way dangerous to the health of the Occupants or of the public, he may issue a notice in writing Notice to quit. to such occupants or to the owner of such premises, or their agents, or any of them, requiring the said premises to be put into proper sanitary condition, or, if he sees fit, requiring the occupants to quit the premises within such time as he may deem reasonable. If the persons so notified, or any of them, Penalty º refuse or neglect to comply with the terms of the notice, º' every person so offending shall be liable to a fine not exceed-” ing twenty-five dollars, and in default of payment to a term of imprisonment not exceeding thirty days, and the Health Officer may cause the premises to be properly cleaned at the Premises may expense of the owners or occupants, or may remove the oc-º'." " cupants forcibly and close up the premises, and the same shall Premises may not be occupied as a dwelling place until put in proper sani-"“” tary condition. (Sec. 34, Cap. 24, 62 and 63 Vic.., 1899.) STOCK-YARDS, ETC. 752. The City may, subject to the conditions in this city empow. section expressed, acquire by purchase or otherwise, a plot or . ºock plots of ground within the City, not to contain less than ten ś acres, for the purpose of establishing stock-yards in the City, and having an abattoir or abattoirs erected thereon. 240 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII (1) The City may, in the event of acquiring such pro- perty, construct all drains and sewers requisite for draining the said land and for connecting such drains and sewers with the existing sewer system of the City. (2) The City may also cause conditions and regulations to be made governing the character and condition of the buildings to be used as abattoirs on said land, and the equip- ment and the manner of operating the same in all respects, and may generally make regulations respecting the control and management and use of such stock-yards and abattoirs, all of which conditions and regulations may be altered or smodified from time to time by the Council. (3) The City may, upon such terms and for such periods as may be agreed upon, give leases to any person or corpora- tion of a portion or portions of said land for the purpose of erecting thereon a building or buildings for an abattoir or for other purposes connected with the storing, curing, hand- ling and trans-shipment of meats, animals or animal products, such buildings conforming to the conditions and regulations aforesaid. (4) The City shall not grant any monopoly to any person, firm or corporation to carry on an abattoir or to engage in any traffic or manufacture connected there with, or in the trading in live stock, animals or animal products, but shall permit any person or duly authorized corporation of a finan- cial standing satisfactory to the Council to erect an abattoir conformable to the said conditions and regulations, and will for that purpose allot a sufficient quantity of land. (5) No undue preference or advantage shall be given by the City to any person or corporation conducting an abattoir over any other person or corporation so doing. (6) The City may provide for the slaughtering of all ani- mals brought to any such abattoir at rates and subject to re- gulations approved by the City, and may provide that no ani- mals shall be slaughtered elsewhere in the City than in abat- toirs erected on said land. (7) The City may make provision for the inspection of all such abattoirs and of all animals brought therein or into said yards, and may appoint officials invested with full powers for those several purposes. (8) All the powers hereby conferred on the City shall be exercised by by-law or by-laws of the Council thereof. (9) Any by-law providing for the original acquisition of such plot of land, and for the construction of such drain and sewers as aforesaid, shall first be submitted to the votes of the 1902 WINNIPEG CHARTER. CAP. 77. 241 ratepayers in the City authorized to vote on money by-laws in accordance with the provisions of this Act, and such by- law may provide for borrowing money for the purpose of ac- quiring such property and constructing such drains and sewers, and for the issue of debentures for the payment thereof, the same not to exceed ten thousand dollars, the de- bentures to be payable in a term not exceeding fifty years and bearing interest at a rate not exceeding five per cent, per annum. (Sec. 28, Cap. 20, 60 Vic, 1897.) BICYCLE PATIIs. 753. A bicycle path or system of bicycle paths may be system of established by the City, both inside as well as outside its ** Pºs: limits, subject to the provisions hereinafter contained, and the same, as well as existing bicycle paths, may be con- structed, maintained, controlled and managed in the manner following:— (a) The general management, regulation and control of To be manag. all existing bicycle paths, and the construction and mainten- § tººle ance of bicycle paths that may hereafter be constructed and established under the provisions of this Act, and all property applicable thereto, shall be vested in and exercised by a Board to be called “The Cycle Path Board.” (b) The Board shall be a body politic and corporate and composition shall be composed of three members of the Council and six ...tº. other persons, who shall be resident wheelmen or wheel- women of the city but not members of the Council, who shall be appointed by the Council, two until the first day of Feb- ruary in the year following the first appointments, two for one year and two for two years from said first day of February. (c) After the first appointments the appointments shall subsequent be made annually at the first meeting of the Council held P.H.” after its organization, or so soon thereafter as practicable, and any vacancy, arising from any cause other than the ex- piration of the time for which the member was appointed, shall be forthwith filled by the Council. (d) In case of a vacancy by the death or resignation of vacancies. a member, or from any cause other than the expiration of the time for which he was appointed, the member appointed in his place shall hold office for the remainder of his term. (e) Subject to these provisions, each of the appointed Term of office. members shall hold office for three years from the first day of February in the year in which he was appointed. (f) The members of the first Board, within ten days jºeting after their appointment, and on such day and hour as the * * 242 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Mayor shall appoint (notice of the appointment, in writing, signed by the Mayor, having been duly sent to each member at his address at least one week before the day and hour named therein), shall meet at the office of the Mayor for the purpose of Organization, shall elect one of their number chairman, and shall appoint a secretary, who may be either one of their own members or any other person they may select. If for any reason appointments are not made at the said dates, the same shall be made as soon as may be there- after. Election of (g) The chairman and secretary shall hold office at the chairman and Q-> tº appointment” pleasure of the Board, or for such period as the Board shall of secretary. g * prescribe. ãºan or (h) When the chairman or secretary is absent, or un- Secretary. able to act, the Board may appoint a chairman or Secretary pro tempore. Bºé (i) The Board shall meet at least once every month —When UO De g held. from 1st of March to 1st of November in each year, and at such other times as they may think fit. Special meet (j) The chairman or any two members may summon a ings—how - “. e t tº e y called. special meeting of the Board, by giving at least one day's - notice in writing to each member, specifying the purpose for which the meeting is called. Yº: (k) The office of any member of the Board who shall be absence with- absent from the meetings of the Board for three successive out leave. te e regular monthly meetings, without leave of absence from the Doard, shall be declared vacant by the Board, and notice thereof shall be given to the Council at the next meeting of the Council. This section shall not apply to the members of the Council mentioned in sub-section (b) of this Section. Quorum. (1) No business shall be transacted at any meeting of * the Board unless four members are present. Minutes. (m) All orders and proceedings of the Board shall be en- tered in books to be kept by them for that purpose, and shall be signed by the chairman for the time being. Minutes as (n) The orders and proceedings so entered shall be evidence. deemed the original orders and proceedings, and the books may be produced and read upon any judicial proceedings as evidence of the orders and proceedings. Members of (o) The members of the Board shall serve without com- lºve pensation. Each member shall be entitled to receive his ac- tual disbursements for expenses in visiting or superintend- Disbursement ing the paths or any or either of them, when the visit or ser- ** vice is made or rendered at the direction of the Board. 1902 WINNIPEG CHARTER. CAP. 77. 243 (p) No member of the Board or Aldermen, or member jº, - e º Oa,TCi In OU to De of the Council, shall have any contract with the Board or be lºested in pecuniarily interested, either, directly or indirectly, in any ...racts. contract or work relating to the paths or paths property. (q) The Board may employ all necessary clerks, agents §º . . e ... " CImploy ClerkS. and servants, and may prescribe their duties and compensa-" tion. (r) The Board shall keep in the office of the Board all Bºsto be books, maps, plans, papers and documents used in and per- taining to the business of the Board. (s) All books kept by the Board shall be open to the in- Inspection of spection and examination of the members of the Council, * and of any other person or persons appointed for that pur- pose by the Council. (t) The Board shall keep distinct and regular accounts fºunts to be of their receipts, payments, credits and liabilities, and the pb. accounts shall be audited by the Comptroller in like manner as other accounts of the City, and shall thereafter be laid be- fore the Council by the Board. (m) The City shall have power to levy annually a tax ãº. of fifty cents on each bicycle used or ridden in the City of Winnipeg, the wheels of which exceed eighteen inches in di- amoter, which said tax shall be collected and paid to the Treasurer of the City in the manner provided by the Coun- cil. The funds so raised, together with any other funds con- tributed by any other person, shall be called a “Cycle Path Rund ’’ and shall be used by the Board in constructing and maintaining bicycle paths under the provisions of this Act relating to bicycle paths. (v) The Board shall, on or before the first day of March * to be in each calendar year, determine upon a form or forms of furnished. tag or license to be attached or affixed to a bicycle, to be known as a Bicycle Path License, and shall furnish the li. cense inspector or other officer appointed by the Council for the collection of said tax with a sufficient number of said tags or licenses. Each such license shall be valid during the calendar year for which it is issued, and no longer. Every person shall be entitled to be furnished by said license in- spector or other officer with such Bicycle Path License upon the payment of the license fee fixed by the Council. (w) The Board shall devote the moneys so collected or How the contributed to the maintenance and repair of the existing jºia". bicycle paths in the city and surrounding municipalities and, * * * with the consent of the Council of the municipality having jurisdiction thereof, to the construction of new bicycle paths and repair of the same, to the maintenance of order on such 244 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII bicycle paths, and to the enforcement of such necessary rules for the use thereof as may be from time to time adopted by such Board. Limitation of (x) All expenditure shall be first approved by the Board expenditure. º * and no payment shall be made in excess of the amount actu- ally on deposit, nor shall any contract or purchase be made exceeding the amount of such fund at the time of making such contract or purchase. tº 754. All paths constructed under the provisions of the by Council. Act relating to bicycle paths shall be built on such portion of the highway as may be specifically set apart for that pur- pose by the Council cf the municipality in which such high- way is situate. iº to be 755. The Treasurer of the City is hereby required to keep kept. accurate account books to be kept for that purpose of all re- ceipts and disbursements. Manner of 756. All moneys received or payable under the provisions handling fines. , tº º e * of this Act relating to bicycle paths shall be received by the Treasurer of the City in the same manner as other funds, and by him shall be deposited to the credit of the “Cycle l’ath Fund,” and shall be paid out in the same manner as other funds by the Treasurer on the orders of the Board. ºf of the 757. Bicycle riders travelling in opposite directions on I'O8,Ol. said paths shall turn to the right in passing; and every bi- cycle rider overtaking another on said paths shall turn to the left in passing the one so overtaken. Members of 758. All persons who have paid their membership fees to - r fre _X. \ {- * º & tº e %:..." the Winnipeg Cycle Path Association and obtained the asso- who have paid of a fi y * * * * 't -- * ** as: Sºciation cycle path badge for the current year, prior to the tº the original appointment of said Board and the passing of a by- * law levying said tax by the City, shall be exempt for the then current year from the payment of said tax. Exemptions. 759. The bicycles of all visiting wheelmen to the City shall be exempt from the payment of Said tax. Day labor. 760. The construction and maintenance of said cycle paths shall in so far as practicable be done by day labor. city police to 761. It shall be the duty of the police of the City to en- * * force the provisions of this Act relating to bicycle paths within the limits of the City. 1902 WINNIPEG CHARTER. JAP. 77. 245 762. The Board and the officers thereof shall have the Protection like protection in the exercise of their office and the execu-šº."" tion of their duties as Justices of the Peace have under the laws of the Province of Manitoba; and the watchmen and other officers of the Board, when in the discharge of their duties, shall be ea officio possessed of all the powers and au- thorities of constables. . 763. Any action against any person for anything done in Limitation of pursuance of this Act relating to bicycle paths shall be “” brought within six months next after the act committed; or, in case there shall be a continuation of damages, them within one year after the Original cause of action first arose. 764. If any person does or commits any of the following Prohibitions. acts :— (a) Drives or propels any vehicle except a bicycle upon priving on any of the bicycle paths; bicycle path. (b) Tides or propels any bicycle on any street within the Riding bicycle City or any bicycle path within the City unless a valid Cycle lºt Path License be attached or affixed in plain view to the head of the frame of such bicycle; (c) Drives, leaves or hitches any horse, cattle, sheep, Animals on swine or any animal upon any bicycle path; cycle paths. (d) Wilfully obstructs, injures or destroys any bicycle obstruction or * I Tº e damage to path 2 cycle path. (e) Places upon the surface of any street or highway in Putting things the Province, or upon any bicycle path, any glass, metal or º, stones, earthenware or other substance of a nature likely to * cause injury to bicycles used on said street or highway or bicycle math, or which are of a nature likely to cut, injure or puncture any pneumatic tire; provided nothing herein contained shall be construed as to prohibit the public auth- orities from using any usual or proper means in the im- provement of streets, roads and highways; (f) Rides any bicycle on any bicycle path at a greater Riding to fast speed than ten miles per hour. 765. If any such person be convicted of any such act be-Penalties. fore the Mayor or any Justice of the Peace having jurisdic- tion he shall for every such offence forfeit and pay a sum not exceeding fifty dollars, together with the costs and charges attending the proceedings and conviction ; or such Offenders offender may be imprisoned with or without hard labor, in ºr suit the first instance, for any term not exceeding thirty days; i. lºor and the person or persons so offending shall be liable to an 246 CAP. 77. Winnipeg CHARTER. 1-2 EDW. VII action at the Suit of the Board to make good any damage done by him, her or them. - flºor 766. And, in addition to the penalty provided herein, any damnified person who commits any of the acts for the commission of which a penalty is provided by this Act relating to bicycle paths shall be liable for all damage caused by the commis- Sion of such act to the person damnified, which damage may be recovered in any Court of competent jurisdiction. PRIDGES ACRoss RED RIVER, §º. 767. The City may build bridges across the Red River the Red River, into any of the adjoining municinalities, either at the ex- pense wholly of the City, in which case the whole of the bridge shall be under the jurisdiction and control of the City, or the cost of such bridge or bridges may be borne partly by the City and partly by the municipality into which the said bridge extends in such proportions as the City and such municipality may agree, and any municipali- ties benefited by the building of such bridge or bridges may also contribute towards the cost thereof. . º To raise 767a. The City shall have power to and may pass a by- ...ºft.* law to contract a debt of $65,000.00, by the issue and sale of º debentures, submitting such by-law to the electors duly qual- ified to vote upon such by-laws requiring assent of the elec- tors, for the purpose of providing the means for constructing a bridge across the Red River from a point at or near the intersection of Aberdeen Avenue with said river on the west side thereof, or within a distance of one mile along the course of said river either up or down from said point, to a point on the east side of said river. The debentures to be issued thereunder shall be payable at a period to be fixed by the Council, not later than fifty years from the date of issue, and shall bear interest at a rate prescribed by the Council and be payable at such times as the Council may provide, and for such purpose the Council may or may not prescribe the levy of a sum by way of sinking fund. Such debentures, when issued and sold, shall be a valid and binding charge upon the City. Authority to (a) The City is hereby authorized to construct said bridge .* (subject to approval, as to the manner and plans of construc- tion, by the Government of the Dominion of Canada) and shall have authority to construct the necessary approaches thereto on both sides of the river and, if necessary, to purchase or obtain by expropriation proceedings such land as may be required for the purpose of streets leading to said bridge from public streets and highways. 1902 WINNIPEG CHARTER. CAP. 77. 24.7 (b) The provisions of this Act, as to obtaining lands by Expropriation & - © • y S . . ,” of land requir- expropriation by the City, shall apply to any lands requisite éâ'for bridge. for the aforesaid purposes, whether the same be on the west or east side of the river. . CoNTRACTs witH MEMBERS OF COUNCIL, DIRECTORs, ETC., WOID. 768. In case a member of the Council, either in his own Contracts by & g & © members with name or in the name of another, and either alone or jointly the º tº . " • . - tº - l rani & with another, enters into a contract of any kind, or makes hº aº" a purchase or sale, in which the corporation is a partly in- * terested, the contract, purchase or sale shall be held void in any action thereon against the corporation. (Sec. 661, Municipal Act.) 769. No director, trustee, or officer of the board of any Directors, public hospital, exhibition board, or society, or other organi-ś". zation receiving grants or payments from the City under theº.º.º., authority of any statute or by-law, shall, either in his own lººets name or in the name of another or alone or jointly with an- other, enter into any contract of any kind or make a pur- chase or sale in which the corporation of which he is a direct- or, trustee or officer is a party interested. Any contraven- tion of this section shall be held to be a disqualification of such person to continue to hold office as a director, trustee or officer aforesaid, and such contract, purchase or sale shall be held void in any action thereon against such corporation. (Sec. 25, Cap. 24, 62 and 63 Vic.., 1899.) - TENDER OU AMENDs. 770. The Council, upon any claim being made or action Tender of . brought for damages for alleged negligence on the part of º' " the City, may tender or pay into Court, as the case may be, * such amount as they may consider proper compensation for the damage sustained ; and in the event of the non-acceptance by the claimant of such tender or the amount paid into Court, and the action being proceeded with and a verdict be- ing obtained for no greater amount than the amount so ten- dered or paid into Court, the costs of Suit shall be awarded to the defendants, and may be set off against any verdict which shall have been obtained against them. (Sec. 662, Municipal Act.) ExECUTION AGAINST THE CITY. 771. Amy writ of execution against the City may be en-Proceedings * e te * [Y 1. on writ of exc- dorsed with a direction to the sheriff to levy the amount º'. City. 248 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII there of by rate, and the proceedings thereon shall then be the following:— Sheriff to (a) The sheriff shall deliver a copy of the writ and en- deliver copy of Y writ, and dorsement to the Treasurer or leave such copy at the office statement of d ; -- ~ e © © a & claim to or dwelling-house of that officer, with a statement in writing * of the sheriff's fees and of the amount required to satisfy the execution, including in such amount the interest calcu- lated to some day as near as is convenient to the day of the Service; If claim not (b) In case the amount, with interest thereon from the º” be day mentioned in the statement, be not paid to the sheriff Sheriff. within one month after the service, the sheriff shall examine the assessment rolls of the City and shall strike a rate suffi- cient in the dollar to cover the amount due on the execution, with such addition to the same as the sheriff deems sufficient to cover the interest, his own fees and the collector’s per- centage, if any, up to the time when the rate will probably be available; - r Sheriff's pre- (c) The sheriff shall thereupon issue a precept or pre- jśio cepts, under his hand and seal of office, directed to the tax levy rates: collector, and shall by the precept, after reciting the writ and that the City had neglected to satisfy the same, com- mand the tax collector to levy such rate at the time and in the manner by law required in respect of the general annual rates; (d) In case, at the time for levying the annual rates next after the receipt of such precept, the tax collector has a gen- eral rate roll delivered to him for such year, he shall add a column thereto headed “Execution rate in A. B. vs. The City of Winnipeg’” (or as the case may be, adding a similar column for each eacecution, if more than one), and shall insert therein the amount by such precept required to be levied up- on each person respectively, and shall levy the amount of such execution rate as aforesaid, and shall, within the time he is required to make the returns of the general annual rate, return to the sheriff the precept with the amount levied thereon, after deducting his percentage, if any : Rate rolls. Surplus. (e) The sheriff shall, after satisfying the execution and all fees thereon, pay any surplus, within ten days after re- ceiving the same, to the Treasurer, for the general purposes of the City; Aft (f) After said copy has been so delivered, the Council Cl’ CXCCll- e tº shall not pass any by-law levying an annual rate or rates Ollll Cll IllllS * e e - e ‘. e º O jčºto without including a rate sufficient to satisfy said execution, * * unless at the time said by-law is passed the said execution 1902 WINNIPEG CHARTER. CAP. 77. 249 has been satisfied. Any by-law passed in contravention of . this provision shall be illegal. (Sec. 663, Municipal Act.) 772. The Clerk, Treasurer, Assessment Commissioner and Clerk...Treas: e urer, etc., to Collector of Taxes of the City shall, for all purposes con-be officers of - gº e º * - . is . . . the Court from nected with carrying into effect, or permitting or assisting which writ the sheriff to carry into effect, the provisions of this Act with * respect to such executions, be deemed to be officers of the Court out of which the writ issued, and as such shall be amenable to the Court and may be proceeded against by at- tachment, mandamus or otherwise in order to compel them to perform the duties hereby imposed upon them. (Sec. 664, Municipal Act.) - APPEALs FROM POLICE MAGISTRATE. 773. In cases in which an appeal shall be taken to a Appeals from County Court Judge from a decision or ruling of a Justice ś,” or two Justices of the Peace, or a Police Magistrate, either King's Bench. party to such appeal may appeal from the decision of such County Court Judge, to a Judge of the Court of King's Bench and thereafter to the full Court of King’s Bench. Such appeal from the decision or ruling of a County Court Judge may be taken in the same manner, and subject to the same rules of law and procedure, as an appeal from the de- cision of a County Court Judge under “The County Courts Act,” and amendments. (Sec. 664 (a), Municipal Act, Ont.) ARBITRATION AND EXPROPRIATION. 774. The Council shall make to the owners or occupiers compensation of, or other persons interested in, real property entered up-tºre. on, taken or used by the City in the exercise of any of its quº"Y9*. powers, or injuriously affected by the exercise of its powers, due compensation for any damages (including cost of fenc- ing, when required) necessarily resulting from the exercise of such powers, beyond any advantage which the claimant may derive from the contemplated work; and any claim for such compensation, if not mutually agreed upon, shall be de- termined by arbitration under this Act. (Sec. 665, Muni- cipal Act.) 775. Every such claim, except in the case of infants, Limitation of lunatics and persons of unsound mind, shall be made within ± * one year from the date when the real property was so enter- compensatlon. ed upon, taken or used, or when the alleged damages were sustained or became known to the claimant, or, in case of a continuance of damages, then within one year from the time when the cause of action arose or became known to the claim- ant. Any claim now existing of the nature aforesaid may 250 CAP. 77. Winnipeg Charter, 1.2 Edw. VII be made within one year from the passing of this Act, but not afterwards, except in the case of infants, lunatics or persons of unsound mind. (Sec. 438, Municipal Act, Ont.) § ºne 776. Wherever the Council is desirous of entering upon public works. any public work or undertaking in the pursuance of which any real property may be entered upon, taken or used by the corporation in the exercise of any of its powers, or may be.. injuriously affected by the exercise of its powers, the Council Plans, etc. may file plans and specifications of the work or undertaking, or certified copies thereof, with the Clerk, who shall on re- Notice. ceiving the same issue a notice setting out the Council’s in- tention to proceed with such work or undertaking, and to enter upon, take or use the lands necessary therefor, and that Such plans and specifications have been filed with him and may be inspected at his office, and that all claims for dam- ages by reason of the said proposed work or undertaking must be filed with him within sixty days from the service of such notice, and that such owners, occupiers or other per- sons must file with the said Clerk, within the said period of sixty days, their claims for damages for any of the causes aforesaid, showing the amount thereof, or that in default thereof any claim for such damages will be barred; and he serving of shall cause such notice to be served upon the Owners and oc- notice. cupiers of or other persons interested in the said real pro- perty to be so taken, entered upon or used as aforesaid, or which may be injuriously affected as aforesaid. (Sec. 439, Municipal Act, Ont.) Service of 777. In case the person served as aforesaid is, at the - tsid º e º e - s §§.” time of such service, resident outside the Province of Mani- toba, a further period of thirty days shall be allowed such person to file his claim. (Sec. 439, Municipal Act, Ont.) Time within 778. All such claims shall be made pursuant to the said Yº..." notice, and unless made, in the case of persons resident with- in the Province, within sixty days after the service of such notice, or in the case of persons outside of the Province with- in the said further period of thirty days, shall be barred and extinguished, unless upon application to the Judge of the County Court of Winnipeg, and upon giving to the said Council at least seven days’ notice of such application, such Judge allows the claims to be made and served. Either party may appeal from the decision of the Judge to the Court of King’s Bench; but every such claim shall be abso- lutely barred and extinguished unless made within a period of one year from the service of the said notice. (Sec. 440, Municipal Act, Ont.) DetCrimining 779. If any such claim is so filed within the time afore- ºn said, the same, unless accepted by the Council, shall forth- 1902 WINNIPEG CHARTER. CAP. 77. 251 with be determined by arbitration under this Act. (Sec. 441, Municipal Act, Ont.) 780. The person making a claim shall deliver full par-Particulars to e - e e º be delivered. ticulars of the damages for which such claim is made, and 4. the arbitrator or arbitrators, upon the hearing of the claim, shall have the same power as to amendment generally, or to amend such claim or particulars or any proceeding had or taken upon the hearing thereof, as a Judge would have in any action; and the arbitrator or arbitrators may, in his or their discretion, refuse at any time to hear, upon any mat- ter or question, further evidence of a cumulative character. (Sec. 442, Municipal Act, Ont.) | 781. Nothing in the four last preceding sections con- claims not tained shall bar or extinguish any claim when the plans and ;" whº specifications filed do not reasonably and sufficiently disclose insufficient. the damage that may be sustained. (Sec. 443, Municipal Act, Ont.) 782. The Council, in all cases where claims for compen-Tender of com. sation or damages are made against it, which, under the pro-º" visions of this or any other Act, are declared to be the sub- * ject of arbitration. in the event of the parties not being able to agree, may tender to any person making such claim Such amount as they may consider proper compensation for the damage sustained or lands taken, and in the event of the non- acceptance by the claimant or claimants of the amount So tendered and of the arbitration being proceeded with, and if an award be obtained for an amount not greater than the amount so tendered, the costs of the arbitration and award shall, unless otherwise directed by the arbitrator, be award- ed to the City and set off against any amount which shall have been awarded against it. (Sec. 666, Municipal Act.) 783. In any case where the Council deems it requisite to Espropriation acquire real property for the purposes of a street, highway, Pº"“” lane, Square, public place, market or park, or bridge, or for the erection of a public building or drain, water course or sewer, or for a system of waterworks within the city, or for extending, continuing, diverting, widening or enlarging any of the same, the City may acquire the same by purchase or lease, or by expropriation as hereinafter provided; and the Council may direct, either before or after it has acquired the Said property, that the cost of the same and of making the desired improvements shall be paid for out of the City funds or shall be wholly or partly assessed upon the pieces or par- cels of land belonging to parties interested in or benefited by the said improvements or public purposes. (Sec. 696, Municipal Act.) e 252 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Sales, convey- ances and contracts by incapacitºte persons et al. to be valid. Liability of the City. Places of ab- Sent OWInerS. Interest only to be paid to Certain perSOnS. 784. All corporations or bodies, and all persons, guard- ians, 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 city, selected by the Council for any of the purposes aforesaid, may, not only for themselves, but for and on behalf of all persons whom they represent, or for whom, or in trust for whom, they are or shall be seized or possessed or interested, whether minors, issue unborn, lunatics, idiots femmes covertes or other persons, contract for, sell and convey such piece or pieces, lot or lots of ground or real property with and to the City, and such contracts, sales and conveyances shall be valid and effectual in law for conveying the estate or any interest therein to all intents and purposes whatever, any law or cus- tom to the contrary notwithstanding; and the City shall not in any case be responsible for the application of the purchase money; and all corporations and persons whatsoever, so con- tracting, selling or conveying as aforesaid, are hereby indem- nified for and in respect Uf such sale or cession which he, she or they may respectively make by virtue of or in pursuance of this Act, without, however, diminishing in any manner whatever the responsibility of such corporation or persons to- wards those whom they represent, as regards the purchase money or compensation of such sale or conveyance. (Sec. 697, Municipal Act.) w 785. In case there be no such person who can so act in respect to such real property, or in case any person interested in respect to any such real property be absent from this Province or be unknown, or in case his residence be un- known or he himself cannot be found, a Judge of the County Court for the Judicial District in which such property is situate may, on the application of the City, appoint a person to act in respect to the same for all or any of the said pur- poses. (Sec. 668, Municipal Act.) 786. In case any person acting as aforesaid has not the absolute estate in the property, the City shall pay to him the interest only, at the rate of five per centum per annum, on the amount to be paid in respect of such property, and shall retain the principal to be paid to the person entitled to it whenever he claims the same and executes a valid acquittance therefor, unless a Judge of the County Court for the Judi- cial JDistrict wherein the land lies in the meantime direct the City to pay the same to any person or into Court; and the City shall not be bound to see to the application of any interest so paid or of any sum paid under direction of such Court. (Sec. 669, Municipal Act.) 1902 WINNIPEG CHARTER. *] CAP. 77. 253 787. The compensation or damages which may be agreed sº & & e e agreed upon to upon or awarded for any land taken or injuriously affected ºniºianá. by the City in the exercise of its corporate powers shall stand in the stead of such lands and shall be subject to the limita- tions and charges (if any) to which the said lands were sub-Incumbrances oz. . . l lai • * br - ºr *-*. h id land against land in Ject; and any claim to or incumbrance upon the said lands, j.". º * - •+. * so :4... verted into or to or upon any portion thereof, shall, as against the City, ºff. be converted into a claim to the money so paid, or to a like money. proportion thereof. (Sec. 445, Municipal Act, Ont.) 788. In case of expropriation proceedings being taken compen. by the City, if so desired by the Council, the compensation to sation. be paid to or provided for the owners of said lands shall be fixed and determined as hereinafter provided. (Sec. 698, Municipal Act.) 789. In all cases where claims are made for compensa-Arbitration by tion for damages by the owners or occupiers of, or other per-sº sons interested in, lands entered upon, taken or used by the * City, or alleged to have been injuriously affected by the City in the exercise of any of its powers, in the event of the cor- poration not being able to agree with the claimant or claim- ants on the amount of compensation to be made, and if the amount claimed does not exceed one thousand dollars, the same shall be settled and determined by the award of a Judge of the County Court of Winnipeg, sitting as sole ar- bitrator, or, at the option of either party, by such other sole arbitrator as such Judge on application made by either party to him, upon notice to the other party, may appoint for the purpose. (Sec. 693, Municipal Act.) - 790. Either party shall be entitled to at least seven days' Notice. notice, exclusive of the day of the service of the notice, of the wish of the other party to have an arbitration; and seven days' notice, exclusive of the seven days above mentioned and of the day of the service of the notice, shall be given of any application to the Judge to appoint any sole arbitrator as aforesaid. (Sec. 694, Municipal Act.) 791. So far as applicable the provisions of the sections Application of of this Act numbered from 784 to 788, inclusive, shall ap-ºº." ply to arbitrations under the last two preceding sections. º 792. If, in the opinion of the Court of Ring’s Bench compensation or any Judge thereof, there is reason to fear any claims oriº" incumbrances, or if any person to whom the compensation or damage or any part thereof is payable, refuses to execute the proper conveyance or guarantee, or cannot be found, or is un- known to the corporation, the corporation may pay such com- pensation into the office of the accountant of the Court of 254 CAP. 77. & WINNIPEG CHARTER. 1-2 EDw. VII JYing's Bench, with interest thereon at 5 per centum per an- num for six months, and may deliver to such accountant an authentic copy of the conveyance or of the award or agree- ment, as the case may be; and such award or agreement or conveyance shall thereafter be deemed to be the title of the corporation to the land therein mentioned. (Sec. 446, Municipal Act, Ont.) Notice to be 793. A notice, in such form and for such time as any fººte J udge of the Court of King’s Bench may direct, shall be in- serted in a newspaper, published in the City. Such notice shall state that the title of the corporation under such agree- ment, award or conveyance is under this Act, and shall call upon all persons entitled to the lands or to any part thereof so taken or injuriously affected to file their claims to the said compensation money or any part thereof; and all such claims shall be received and adjudicated by the Court of King's Dench or any Judge thereof. (Sec. 446, Municipal Act, Ont.) CostS. 794. The costs of the proceedings, including proper al- lowances to witnesses, shall be paid by the corporation or by such other person as the said Court or any Judge thereof may order; and if the said order of distribution is obtained in less than three months from the payment into Court of the said compensation moneys, the Court or any Judge thereof may direct any proportionate part of such interest to be re- turned to the said corporation. (Sec. 446, Municipal Act, Ont.) :...n SIla, aulº 8, gº ę e claims. 795. The judgment in such proceedings shall forever bar all claims to the lands or any part thereof, as well as any mortgage or incumbrance upon the same; and the Court or Judge shall make such order for distribution, payment or in- vestment of the said compensation money, and for securing the rights of all persons interested therein as may be neces- sary. (Sec. 446, Municipal Act, Ont.) APPoſNTMENT OF ARBITRATORs. Appointment, how made. 796. The appointment of all arbitrators shall be in writing under the hands of the appointers Or, in case of a corporation, under the corporate seal and authenticated in like manner as a by-law. (Sec. 671, Municipal Act.) º, 797. The arbitrators on behalf of the City shall be ap- gºintſor the pointed by the Council thereof, or by the Mayor if author- ized by a by-law of the Council. (Sec. 672, Municipal Act.) pither party 798. In cases where arbitration is directed by this Act, *ś either party may appoint an arbitrator and give notice there- and give + in writi ther party. calling upon such party to sºvº, ºne of in writing to the other party, g upon Such party opposite party. 1902 WINNIPEG CHARTER. CAP. 77. 255 appoint an arbitrator on behalf of the party to whom such notice is given. A notice to the City shall be given to the Mayor or acting Mayor. (Sec. 673, Municipal Act.) 799. The two arbitrators appointed by or for the part. Third arbitra. ies shall, within seven days from the appointment of the ja. lastly named of the two arbitrators, appoint, in writing, a third arbitrator. (Sec. 674, Municipal Act.) 800. In cases where more than two municipalities are when more interested, each of them shall appoint an arbitrator; and in ºlities such case, if there be an equality of arbitrators, the arbitra-interested. tors so appointed shall appoint another arbitrator, or in de- fault, at the expiration of twenty-one days after such arbitra- tors have been appointed, a Judge of the County Court of Winnipeg may, on the application of any one of the muni- cipalities interested, appoint such arbitrator. (Sec. 675, Municipal Act.) 801. In case of an arbitration between the City and Provision in other municipal corporations, if, for twenty-Ome days after tºget having received such notice, the party notified omits to ap- point an arbitrator, or if, for seven days after the second ar- bitrator has been appointed, the two arbitrators omit to ap- point a third arbitrator, then a Judge of the County Court of Winnipeg may appoint an arbitrator for the party or ar- bitrators in default, or a third arbitrator, as the case may require. (Sec. 676, Municipal Act.) 802. In case of an arbitration between the City and flºation as O Tea, the owners or occupiers of, or other persons interested in, property real property entered upon, taken or used by the City in the ºne exercise of any of its powers, or injuriously affected thereby, ". if, after the passing of the by-law, any person interested in the property appoints, and gives due notice to the Mayor of his appointment of, an arbitrator to determine the compensa- tion to which such person is entitled, the Mayor shall, if au- thorized by by-law, within seven days appoint a second arbi- trator and give notice thereof to the other party, and shall ex- press clearly in the notice what powers the Council intends to exercise with respect to the property, describing it. (Sec. 677, Municipal Act.) 803. In such last mentioned arbitration, if, after Ser- Provisions if vice on the owner or occupier of, or person so interested in, º ſº"; the property of a copy of a by-law, certified under the hand ..." " of the Clerk to be a true copy, the owner or occupier, or per- son so interested, omit for twenty-one days to name an arbi- trator and give notice thereof as aforesaid, the Council or the Mayor, if authorized by by-law, may name an arbitrator on 2.56 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII behalf of the City, and give notice thereof to the owner, occu- pier or person so interested, and the latter shall, within seven days thereafter, name an arbitrator on his behalf. (Sec. 678, Municipal Act.) - - Whºle several 804. In case there are several persons having distinct parties have S jºinter. interests in property in respect of which the corporation is same prºperty, desirous of exercising the powers referred to in section 802 of this Act under a by-law in that behalf passed, whether such persons are all interested in the same piece of property or some or one in a part thereof and some or one in another part thereof, and in case the by-law or any subsequent by-law provides that the claims of all should, in the opinion of the Council, be disposed of by one award, such person shall have twenty-one (instead of seven) days to agree upon, and give notice of the appointment of, an arbitrator jointly appointed in their behalf before a Judge of the County Court of Win- nipeg shall have power to name an arbitrator for them. (Sec. 679, Municipal Act.) Fº 805. If such owner, occupier or person so interested or -UOlll) O - e ...” the Mayor, whether from want of authority in that behalf or ... otherwise, omit to name an arbitrator within seven days after receiving notice to do so, or if the persons having distinct in- terests as aforesaid omit to name an arbitrator within twenty-one days after receiving notice to do so, or if the two arbitrators do not within seven days from the appointment of the lastly named of the two arbitrators agree on a third ar- bitrator, or if any of the arbitrators refuse or neglect to act, a Judge of the County Court of Winnipeg, on the applica- tion of either party, shall nominate as an arbitrator a fit per- son, resident without the limits of the City, to act for the party failing to appoint, or as such third arbitrator, or in the stead of the arbitrator refusing or neglecting to act; and Such arbitrators shall forthwith proceed to hear and determine the matters referred to them. (Sec. 680, Municipal Act.) .#.". 806. No member, officer or person in the employment § “” of the City, nor any person so interested, shall be appointed arbitrator. - or act as an arbitrator in any case of arbitration under this Act. Nothing in this section contained shall prevent the ap- pointment of, or disqualify as an arbitrator, any person by reason merely that such person is a ratepayer of or within the City. (Sec. 681, Municipal Act.) yº 807. The appointment of an arbitrator shall not be Of al"!)l Ura, ÖOI’ * of deemed to be an admission of any liability on the part of the jºi." “ City: and all defences and objections shall be open to either party as if an action had been brought. (Sec. 455, Municipal Act, Ont.) 1902 WINNIPEG CHARTER. CAP. 77. 257 PROCEDURE IN CASE of ARBITRATION. 808. Every arbitrator, before proceeding to try the Arbitrators to matter of the arbitration, shall take and subscribe the follow-ji.” " ing oath or solemn affirmation before any Justice of the Peace:– © “I (A. B.) do swear (or solemnly, sincerely and truly de-Form of oath clare and affirm) that I will well and truly try the matters ** referred to me by the parties, and a true and impartial award make in the premises, according to the evidence and my skill and knowledge. So help me God.” (Omit last four words in case of an affimation.) (Sec. 682, Municipal Act.) 809. The arbitrators shall, within twenty days after Time of the appointment of the third arbitrator, meet at such place as * * they may agree upon, to hear and determine the matter in dispute, with power to adjourn from time to time, and shall make their award in writing, which shall be binding on all parties, and one copy thereof shall be filed with the Clerk of each of the municipalities interested. (Sec. 683, Municipal Act.) - 810. The arbitrators shall have power to award the pay- Costs. ment by any of the parties to the other of the costs of the arbitration, or of any portion thereof, and may direct either the payment of a fixed sum or that the costs shall be taxed on the scale of the Court of King’s Bench, in which last mentioned case the costs shall be taxed by the officer of such Court in the Judicial District in which the arbitration took place, without any further order, and the amount shall be payable one week after taxation. (Sec. 684, Municipal Act.) 811. In case of a difference between the arbitrators, Majority to the decision of the majority of them shall be conclusive. * (Sec. 685, Municipal Act.) 812. In any of the cases herein provided for, the arbi-Time for mak. trators shall make their award within three months after the **** appointment of the third arbitrator, unless the parties to the arbitration agree to an extension of the time. (Sec. 686, Municipal Act.) 813. If one or more of the said arbitrators at any time ºf after his or their appointment shall fail in the due perform- arbitrator. ance of the duties assigned to him or them in and by this Act, or shall not fulfil the said duties in a faithful, diligent and impartial manner, it shall be lawful for the City or other party interested by its or his attorney to apply, by summary 258 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII petition, to a Judge of the County Court of Winnipeg, to stay the proceedings of the said arbitrators, and to remove and replace the arbitrator or arbitrators who may have for- feited or violated his or their obligations, or neglected his or their duties, or to appoint one or more arbitrators in the place of any whose services may have been or may be dispensed with for any cause; and upon such petition the said Court or Judge shall make such order as may be deemed conformable to justice. (Sec. 702, Municipal Act.) ñº to 814. If required by the arbitrators or one of them, it shall be the duty of the surveyor appointed by the City to furnish them forthwith with a plan or map showing the pieces or parcels of ground or real estate to be expropriated. (Sec. 703, Municipal Act.) Pay for 815. The arbitrators shall be entitled to receive a re- arbitrators. * g º muneration not exceeding five dollars per day each, during the whole time they of necessity shall be occupied in the per- formance of the said duties. (Sec. 704, Municipal Act.) Inspection of 816. The said arbitrators may, if they deem proper, title deeds. & tº © e call upon the proprietors or parties interested to give them inspection of their title deeds; and upon refusal to comply with such demands the said arbitrators are hereby author- ized to procure copies of said deeds at the cost of the said proprietors or parties interested, and the amount of Said costs shall be deducted from the price or compensation to be final- ly awarded to the said proprietors or parties interested in the expropriation. (Sec. 705, Municipal Act.) Arbitrators to 817. It shall be the duty of the said arbitrators dili- determine e & jºr gently to proceed to appraise and determine the amount of #...ºds, the price, indemnity or compensation, if any, which they shall deem just and reasonable for the pieces or parcels of land the expropriation whereof shall have been resolved on by the Council, or for the damages (if any) caused by such expropriation; and the same arbitrators may at one and the same time act and adjudicate upon the price or compensation for all and every the pieces or parcels of land, buildings or parts of buildings thereon erected, required for any improve- ment which the Council may have ordered to be made or car- ried out; and the said arbitrators are hereby authorized and required to hear the parties, and to examine and interrogate their witnesses, as well as the members of the Council and the witnesses of the City; but the said examination and inter- rogatories shall be made viva voce upon oath and the answers thereto shall be reduced to writing, and for this purpose it shall be sufficient if the evidence taken in shorthand shall 1902 WINNIPEG CHARTER. CAP. 77. 259 l have been afterwards extended without signature of witness- Evidence in es, and shall be annexed to the award to be made by the said " riting. arbitrators. Provided that if, in the discharge of the du- ties devolving on the said arbitrators by virtue of this Act, there shall occur a difference of opinion between them as to the value of the piece of land or real estate about to be ex- propriated, or upon any other question within their province, the decision and award in writing of two of the said arbitra-Two may tors shall have the same force and effect as if all the said” arbitrators had concurred therein. (Sec. 706, Municipal Act.) 818. In every case where the Council may have re-Manner of solved to carry out and execute any of the works or improve-" " ments aforesaid, the said arbitrators shall be held to deter- mine and award, when the expropriation shall apply to or affect but a portion of the property or real estate, what may be the damage to or deterioration in value of the residue of the property by the separation from it of the part required by the said Council; and they shall determine: first, the in- trinsic value of the part of the property and premises to be taken, and, secondly, the increased value (if any) of the residue of the property caused by the proposed improve- ment, and thirdly, the damage or depreciation that may be caused to such residue of the property by reason of the ex- propriation of a part or portion thereof; and the difference between the intrinsic value of the part of the property and premises required and the increased value aforesaid, or the intrinsic value of such portion of the property and such dam- ages as may be ascertained, shall constitute the price or com- pensation which the party or parties interested shall be en- titled to; and, when the said arbitrators shall determine and award that the increased value is equivalent to, or in excess of, the intrinsic value of the part of the property and prem- ises required, then they shall not award any price or com- pensation for the part so required or liable to expropria- tion. (Sec. 707, Municipal Act.) 819. In case any of the arbitrators should, after being Appointment appointed, die or be unable to act, the said County Court º Judge shall, upon a summary application to that effect, to be presented by the City, after such notice as the Court or Judge may direct, replace such arbitrator by another com- petent and disinterested person, upon whom the said office shall be binding in the manner as upon his predecessor. (..Sec. 708, Municipal Act.) 820. The City shall, within one month from and after Deposit of t the making of the award of the said arbitrators, make in the Écº. hands of the Clerk of the County Court, whose duty it shall 260 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII be to grant the said City a written acknowledgement there- of, a deposit of the price or compensation and damages set- tled and determined in and by the said award; and the act of such deposit shall constitute, in behalf of the City, a legal title to the said pieces or parcels of land, and from thence all proprietors of, or other persons whomsoever interested in, the said pieces or parcels of land shall lose and be divested of all rights or claims thereto, except such as may be reserved by such award, and the said piece or pieces or parcel of land shall be vested in the City, subject as aforesaid, and the Council may of right and without any further formality en- ter into possession of and use the same for any of the pur- poses authorized by this Act, any law, statute or usage to the contrary notwithstanding. (Sec. 711, Municipal Act.) Fºº 821. Any expropriation made by virtue of this Act shall have the effect of removing and paying off all mort- gages or privileges with which the said pieces or parcels of land or real estate may be burthened or incumbered at the time; but the price or compensation deposited in the hands of the Clerk as aforesaid shall be held to represent the said pieces or parcels of land as regards all mortgao'ees, lien- holders or privileged creditors, and the surrender value due to any and all lease-holders, whose rank and priority shall be preserved in the distribution to be made of the money deposited conformably to this Act, and such distribution shall be made and determined by order of the said Judge in such manner as may by him be deemed advisable and just to the parties interested. (Sec. 712, Municipal Act.) ºn 822. Upon application of the City, by its attorney, the judge may be said County Court Judge, over his signature and the seal of registered the County Court, shall grant a certificate, describing the lands expropriated, the amount awarded for same, the pay- ment into Court of said amount, and that said lands were expropriated under the provisions of this Act; which certi- ficate may be registered in the proper Registry office or Land Titles office without proof by affidavit or otherwise of such signature or seal. (Sec. 713, Municipal Act.) Awards to be 823. Every award made under this Act shall be in hº writing under the hands of all or two of the arbitrators, and ... to shall be subject to the jurisdiction of the Court of King's łºś Bench, as if made on a submission by a bond or otherwise containing an agreement for making the submission a rule or order of such Court; and, in the cases provided for by section 802 of this Act, the Court shall consider not only the legal- ity of the award but also the merits as they appear from the proceedings so filed as aforesaid, and may call for additional evidence, to be taken in any manner the Court directs, and 1902 WINNIPEG CHARTER. CAP. 77. 261 may, either without taking such evidence or after taking such Powers of the evidence, set aside the award, or remit the matters referred, gºt in such or any of them, from time to time, to the consideration and determination of the same arbitrators, or to any other per- Sons whom the Court may appoint, and fix the time within which such further or new award shall be made; or the Court may itself increase or diminish the amount awarded or otherwise modify the award, as the justice of the case may seem to require. (Sec. 687, Municipal Act.) * * e © Notes of evi- 824. In case of an award under this Act, which does dence adduced not require adoption by the council, or in case of an award ºß to which the City is a party and which is to be made in pur-certain cases. Suance of a submission containing an agreement that this section of this Act should apply thereto, the arbitrator or ar- bitrators shall take, and immediately after the making of the award shall file, with the Clerk, for the inspection of all part- ies interested, full notes of the oral evidence given on the reference, and also all documentary evidence or a copy there- of; and in case they proceed partly on a view, or any know- ledge or skill possessed by themselves or any of them, they shall also put in writing a statement thereof, sufficiently full to allow the Court to form a judgment of the weight which should be attached thereto. (Sec. 688, Municipal Act.) 825. In case the award relates to property to be enter-Award to e ed upon, taken or used, as mentioned in section 802, §...as g * | * * , * *** te * – must be adopt- and in case the by-law did not authorize or profess to auth-ºº: ize any entry or use to be made of the property before an ºn. award has been made, except for the purpose of survey, or in thin time. case the by-law did give or profess to give such authority, but the arbitrators find that such authority had not been acted upon, the award shall, not be binding on the corporation un- less it is adopted by by-law, within three months after the making of the award; and, if the same is not so adopted, the Original by-law shall be deemed to be repealed, and the pro- perty shall stand as if no such by-law had been made, and the corporation shall pay the costs of the arbitration. (Sec. 689, Municipal Act.) 826. An award not binding upon the Council until Power of adoption, as mentioned in the last preceding section, shall, if ºğ. adopted, be subject to the jurisdiction of the Court of King’sº.” |Bench and to be reviewed on the merits, at the instance of the person whose property is affected or taken, in the same manner as is provided by section 823 of this Act in re- spect of any award not requiring adoption, and the provis- ions of sections 802 and 805 of this Act shall hereafter extend to every such award. (Sec. 690, Municipal Act.) 262 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Time for mov- ing against awards. Provisions to apply to all Cases of ap- raislment of a.InhageS. Special assess- Innent.S. Survey and plans of City lots. Sub-divisions of City lots. 827. The award may be moved against within one month next after the adoption thereof, excluding vacations. (Sec. 691, Municipal Act.) * 828. All the provisions herein contained, with regard to the appointment of arbitrators and the mode of ascertain- ing the value of the piece or pieces or parcels of land taken by the Council shall, as far as may be, apply and are hereby extended to all cases in which it shall become necessary to ascertain the amount of compensation to be paid by the City to any proprietor of land or his representative, for any dam- age he or they may have sustained by reason of any altera- tion made by order of the Council in the line or level of any Street, footpath or sidewalk, or by reason of the removal of any establishment subject to be removed under any by-law of the Council, for which they or such City are bound to make compensation, and with regard to the amount of compensa- tion for which damage the party sustaining the same and the Council shall not agree; and the amount of such compensa- tion shall, after award, be paid at once by the City to the party having a right to the same, without further formality; and any person who shall erect any building whatever upon or contiguous to any established or contemplated street, pub- lic place or square in the City, without having previously ob- tained from the City Engineer or Surveyor the level and line of such street, public place or square, shall forfeit his or her claim for damages or compensation by reason of any injury caused to the property or building when such level or line shall be settled and determined by the Council or its officers under its direction. (Sec. 714, Municipal Act.) 829. Special assessments under authority of section 783 of this Act shall be made in the same manner and sub- ject to the same appeals and governed by the same decisions, and shall be collected by the same process as is provided by this Act in the case of ordinary assessments, or under the local improvement clauses of this Act, as the Council may determine. (Sec. 715, Municipal Act.) 830. All future surveys into building lots of property within the City by owners or others shall be subject to the approval of the City Surveyor, and no plan shall be regis- tered unless it is certified by the City Surveyor as having been approved. (Sec. 716, Municipal Act.) 4. 831. The Committee on Works and Property may sanction the subdivision of any property already subdivided into building lots, and every plan of subdivision of such lots shall be certified by the City Surveyor as having been ap- proved before registration thereof, and no plans so approved 1902 WINNIPEG CHARTER. CAP. 77. 263 shall require an order from any Judge allowing such sub- division to be made. (Sec. 717, Municipal Act. ) REWARDS FOR RECOVERY, ETC., of CRIMINALs. 832. The Council may, in the event that a crime is be- Rewards for lieved to have been committed in the City, offer and pay a Pºś reward for the discovery, apprehension or conviction of the criminal, or of any person who is suspected to be the crim- inal. (Sec. 719, Municipal Act.) INVESTIGATION OF CHARGES OF MISCONDUCT IN RELATION TO MUNICIPAL MATTERs. 49 833. In case the Council at any time shall pass a resolu-Investigation tion requesting a Judge of the County Court of Winnipeg to #." investigate any matter to be mentioned in the resolution, and ...e relating to a supposed malfeasance, breach of trust or other ºity off- misconduct on the part of any member of the Council or officer of the City, or of any person having a contract there- with, in relation to the duties or obligations of the member, officer or other person to the City, or in case the Council See fit to cause inquiry to be made into or concerning any matter connected with the good government of the City or with the conduct of any part of the public business thereof, and if the Council at any time pass a resolution requesting such Judge Powers of to make the inquiry, the Judge shall inquire into the same, * and shall for that purpose have all the powers which may be conferred upon commissioners under the Act intituled “An Act respecting Commissioners to make Inquiries concerning Public Matters: ” and the Judge shall, with all convenient speed, report to the Council the result of the inquiry and the evidence taken thereon. (Sec. 720, Municipal Act.) 834. The Judge of the County Court holding such in- Fees payable vestigation shall be entitled to receive, and shall be paid by ºnly the City the sum of five dollars per day. (Sec. 721, Muni- cipal Act.) PROTECTION OF PROPERTY. 835. Any person who shall wilfully and intentionally penalty for injure any property of the City or any work constructed by Yºjury the City, under the provisions of this or any other Act, shall, upon conviction, be liable to a fine of not less than five dol- lars nor more than fifty dollars and costs, and, in default of payment, to imprisonment for not less than one week or more than two months. (Sec. 722, Municipal Act.) 264. CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Penalty for injury to drain. Injuries to guide posts. Recovery and enforcement of penalties, Imprisonment in default of payment. Payment im- posed by by- law. Award of penalty and COSt.S. 836. Any person who shall wilfully and intentionally obstruct, fill up, or injure any drains constructed under the provisions of this Act, or of any other Act, or heretofore constructed by the Government of Manitoba or by the City, or who shall wilfully or intentionally destroy or injure an embankment or any drainage work connected therewith, shall, upon summary conviction before a Police Magistrate or a Justice of the Peace, be liable to a fine of not less than five dollars or more than fifty dollars and costs, and, in de- fault of payment, to imprisonment for not less than one week or more than two months. (Sec. 723, Municipal Act.) 837. Any person wilfully mutilating, cutting or in any way injuring or destroying any guide-posts planted along or beside any street in the City shall be liable to be proceeded against under the provisions of the Act respecting malicious injuries to property. (Sec. 725, Municipal Act.) PENALTIES. 838. Every fine and penalty imposed by or under the authority of this Act, or under any by-law passed under the authority of this Act, may, unless where other provision is specially made therefor, be recovered and enforced with costs by summary conviction, before the Mayor or any Jus- tice or Justices of the Peace having jurisdiction in the City of Winnipeg, and, in default of payment of such fine and costs or fine or costs, the offender may be committed to the common gaol of the Eastern Judicial District of Manitoba, or lock-up house of the City, there to be imprisoned for any time, in the discretion of the convicting Magistrate or Jus- tice or Justices, not exceeding, unless where other provision is specially made, thirty days, and with or without hard labor, unless such fine and penalty and costs, including the costs of the committal, be sooner paid. (Sec. 726, Munici- pal Act.) 839. The justice or other authority before whom a pro- secution is had for an offence against a City by-law may convict the offender on the oath or solemn affirmation of one credible witness, and may award the whole or such part of the penalty or punishment imposed by the by-law as he thinks fit, 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 one of them, cause any such 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. (Sec. 727, Municipal Act.) 1902 WINNIPEG CHARTER. CAP. 77. 265. 840. In case there be no sufficient distress found, out of Commitment which the penalty can be levied, the Mayor or Justice may Hºlt of commit the Offender to the common gaol of the Eastern Judi- cial District of Manitoba or to the lock-up house of the City for the term, or some part thereof, specified in the by-law. (Sec. 728, Municipal Act.) 840a. Wherever in this Act no specific penalty is pre-º. scribed for infringement of any of the provisions thereof, º: §ed whether such infringement be by omission or commission,” such penalty shall be a fine of not exceeding fifty dollars and costs for each offence, and such penalty may be recovered and enforced in the manner provided in the three next preceding Sections of this Act. 841. Unless otherwise provided, when the pecuniary Award of part penalty has been levied under this Act, one moiety thereofºrº " . shall go to the informer or prosecutor and the other moiety to the City, unless the prosecution be brought in the name of when City tl Ci ſº hi } } } l f } g l Complainant, he City, in which case the whole of the pecuniary penalty ºity shall be paid to the City. (Sec. 729, Municipal Act.) to belong to it. WITNESSEs. 842. Upon the hearing of any information or complaint who may be exhibited or made under this Act, or under any by-law pass. ” ed under the authority of this Act, the person giving or making the information or complaint shall be a competent witness, notwithstanding such person may be entitled to part of the pecuniary penalty on the conviction of the offender; and the defendant, and the wife or husband of any person wire opposing or defending, shall also be competent witnesses; and band. all the said persons shall be compellable to give evidence on the hearing. (Sec. 730, Municipal Act.) and hus- 843. In any prosecution, or in any action or proceed- jºia ; ºn on 3 tº e *e © * g * * _ members an ing in any civil matter, to which the City is a party, no rate-º payer, member, officer or servant of the City shall, on ac- $º count of his being such, be incompetent as a witness. (Sec. hesses. 731, Municipal Act.) 844. In prosecuting under any by-law or for the breach compelling of any by-law, witnesses may be compelled to attend and give ..." " evidence in the same manner and by the same process as wit- messes are compelled to attend and give evidence on summary procedings before Justices of the Peace in cases tried sum- marily under the statutes now in force or which may be hereafter enacted. (Sec. 732, Municipal Act.) CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Form of con- viction under a by-law. Conviction under by-law. Mayor to be ex officio Justice of the Peace. CON VICTIONs UNDER BY-LAws. 845. It shall not be necessary, in any conviction made under any by-law of the City, to set out the information, or the appearance or non-appearance of the defendant, or the evidence or by-law under which the conviction is made, but all such convictions may be in the form following, that is to say:— Conviction Under City By-Law. Province of Manitoba. City of Winnipeg. To Wit. Be it remembered that, on the day of , A. D. 19 , at the City of Winnipeg, A.B. is convicted before the undersigned, one of his Majesty’s Justices of the Peace (or Mayor, or Police Magistrate, as the case may be), in and for the said City, for that the said A.B. (stating the offence, and the time and place when and where committed), contrary to a certain by-law of the City of Winnipeg, passed on the day of , A.D. 19 , and intituled (reciting the title of by-law); and I adjudge the said A. B., for his said offence, to forfeit and pay the sum of dollars, to be paid and applied according to law, and also to pay to C. D., the complainant, the sum of dollars, for his costs in this behalf. And if the said several sums are not paid forthwith (or on or before the day of A.D. 19 , as the case may be), I order that the same be levied by distress and the sale of the goods and chattels of the said A. B. ; and in default of sufficient distress, I ad- judge the said A. B. to be imprisoned in the common gaol of the Eastern Judicial District of Manitoba (or in the public lock-up at the City of Winnipeg) for the space of days, unless the said several sums, with all costs and charges of conveying the said A. B. to such goal (or lock-up), are sooner paid. - Given under my hand and seal, the day and year first above written, at the City of Winnipeg. J. A., (L.S.) . Mayor, J. P. or Police Mag. (L.S.) JUSTICEs of THE PEACE. 846. The Mayor shall, ea officio, be a Justice of the Peace for the City. (Sec. 734, Municipal Act.) 1902 WINNIPEG CHARTER. CAP. 77. 267 847. The Mayor and the Police Magistrate shall each Jurisdiction of have jurisdiction, in addition to his other powers, to try and #####s. determine all prosecutions for offences against the by-laws of §§en. the City, and for penalties for refusing to accept office there- * in or to make the necessary declaration of qualification and office. (Sec. 735, Municipal Act.) 848. The Mayor, after taking the oaths or making the de- *ś% clarations as such, shall not be required to have any property §§§ G º & U18 qualification or to take any further oath to enable him to act ºn. as a Justice of the Peace. (Sec. 736, Municipal Act.) . .';*** 849. In case any offence be committed against a by-law Jurisdiction in of the City, for the prosecution of which offence no other jºid. for. provision is made, any Justice of the Peace having jurisdic- tion in the City, whether the justice be a member of the Council or not, may try and determine any prosecution for the offence. (Sec. 738, Municipal Act.) PolicE COURT AND POLICE MAGISTRATE. 850. The Council shall establish in the City a police police court. court, and the Police Magistrate or, in his absence, the Mayor of the City shall attend at such police court daily, or at such times and for such periods as may be necessary for the disposal of the business brought before him as a Justice of the Peace; but, except in cases of urgent necessity, no at- tendance is required on Sunday or any legal holiday. The Police Magistrate shall be paid a salary by the City. (Sec. 739, Municipal Act.) 851. The Board of Police Commissioners shall appoint Police Court a police court clerk, and he shall be clerk of the police court” of the City and perform the same duties as clerks of Justices of the Peace and as he may be instructed by the board, and he shall receive the remuneration assigned to him by said board. (Sec. 740, Municipal Act.) 852. When by any law of this Province an offence is power of required to be heard and determined by two Justices of the ..." Peace, the same may be heard and determined before the Mayor. Police Magistrate or Mayor alone; and the said Mayor and Police Magistrate shall within the city severally have all the powers possessed by two or more Justices of the Peace. (Sec. 741, Municipal Act.) 853. Nothing herein contained shall limit the power of º the Lieutenant-Governor to appoint under the seal of the tºes Province any number of Justices of the Peace, or shall in- Of the Peace. terfere with the jurisdiction of Justices of the Peace, except 268 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Lock-up houses. Mayor may call out posse comitatus. Police Com- missioners. Meetings Of Police Com- In 18S10ll CIS. only so far as respects offences against the by-laws of the City and penalties for refusing to accept offices or to make the declarations of office in the City—as to which jurisdic- tion shall be exercised exclusively by the Mayor or Police Magistrate. (Sec. 742, Municipal Act.) PLACES OF IMPRISONMENT. 854. The Council may, by by-law, establish, maintain and regulate lock-up houses for the detention and imprison- ment of persons sentenced to imprisonment for not more than thirty days under any by-law of the Council, and of persons detained for examination on charges of having committed any offence, and of persons detained for transmission to any common gaol, house of correction, penitentiary or reforma- tory, either for trial or in the execution of any sentence. (Sec. 743, Municipal Act.) WHEN MAYOR MAY CALL OUT POSSE COMITATUs. 855. The Mayor may call out a posse comitatus, to en- force the law within the City should exigencies require it, but only under the same circumstances in which the sheriff of a Judicial District may now by law do so. (Sec. 745, Municipal Act.) POLICE COMMISSIONERS AND POLICE. 856. There shall be a board of Commissioners of Police for the City, and such board shall consist of the Mayor, two aldermen appointed by resolution of the Council, the senior Judge of the County Court of Winnipeg and the Police Magistrate of the City, and, in case the office of such Judge or that of Police Magistrate be vacant, the Council shall appoint a person resident in the City to be a member of the board, or two persons so resident in the City to be members of such board, as the case may require, during such vacancy; and such com- missioners shall have the sole charge and control of the police department of the City, the persons therein em- ployed and, generally, in all matters connected therewith: and for that purpose, and for all other purposes connected with the good government of the police force of the City, they may pass by-laws relating thereto. (Sec. 752, Muni- cipal Act.) 857. The said Police Commissioners shall hold at least twelve meetings during the year, for which each commissioner shall receive remuneration not exceeding five dollars for each attendance at Such meetings, and not exceeding in the whole 1902 WINNIPEG CHARTER. CAP. 77. 269 sixty dollars per annum; and the gross expenditure on the police force of the City shall not exceed twenty-five thousand dollars unless otherwise specially authorized by resolution of the Council. (Sec. 753, Municipal Act.) 858. The board may hold their sittings in the police Place of meet- station building in the City, when and as often as they see” fit, and shall have control of the said building. (Sec. 754, Municinal Act.) f 859. A majority of the board shall constitute a quorum, Quorum. and the acts of the majority shall be considered acts of the board. (Sec. 755, Municipal Act.) 860. All by-laws of such Board of Commissioners of flºa- Police shall be sufficiently authenticated by being signed by flººr by: the chairman of the board who shall pass the same; and a copy of any such by-law, written or printed, and certified by Certified. any member of such board to be a true copy, shall be deemed authentic and be received as prima facie evidence in any Court of justice without proof of such signature, unless it be specially pleaded or alleged that the signature to any such original by-law has been forged. (Sec. 756, Municipal Act.) 861. In all cases where the Board of Commissioners of penalties for Police are authorized to make by-laws, either under this oriº.” under any other Act or law, they shall have power in and by such by-laws to attach penalties for the infraction thereof, to be recovered and enforced by Summary proceedings before the Police Magistrate of the City for which the same may be passed, or, in his absence, before any Justice of the Peace having jurisdiction therein, in the manner and to the extent that by-laws of the Council may be enforced under the auth- ority of this Act. (Sec. 757, Municipal Act.) 862. In connection with any investigation instituted calling wit. by such board into the conduct of any member, as such, of "“” the police force under its control, or into any charges of mis- conduct or wrong-doing made against any such member in respect to the performance of his duties, the said board shall have power and authority to compel the attendance of wit- nesses, and to require them to testify under oath or solemn affirmation as to such charge or matter under investigation, and shall have, to all intents and purposes, the same power and authority as the Judge of any Court or a Justice of the Peace under any law of the Province is entitled to or can ex- ercise in respect to the attendance and examination of wit- messes in any criminal or quasi-criminal proceedings before them or any of them. (Sec. 758, Municipal Act.) 270 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Police force. Board to make appointments. Oath. 863. The police force shall consist of a Chief of Police and as many constables and other officers and assistants as the board from time to time deem necessary. (Sec. 759, Alunicipal Act.) 864. The members of such police force shall be appoint- ed by and hold their offices at the pleasure of the board, and shall take and subscribe to the following oath:— § I, A. B., do swear that I will well and truly serve His Majesty the King in the office of police constable for the City Regulations to govern force. Duty of con- stables. Present force subject to Board. Wages of chief and constables. of Winnipeg, with no favor or affection, malice or ill-will, and that I will to the best of my power cause the peace to be kept and preserved, and will prevent all offences against the persons and properties of His Majesty’s subjects, 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. (Sec. 760, Municipal Act.) 865. The board shall from time to time make such regu- lations as they may deem expedient for the government of the force and for preventing rieglect or abuse and for ren- dering the force efficient in the discharge of all its duties. (Sec. 761, Municipal Act.) 866. The constables shall obey all lawful directions, and be subject to the government of the Chief of Police, and shall be charged with the special duty of preserving the peace, preventing robberies and other felonies and misde- meanors, and apprehending offenders, and shall have, gener- ally, all the powers and privileges and be liable to all the duties and responsibilities which belong by law to constables duly appointed. (Sec. 762, Municipal Act.) 867. All the persons now occupying positions on the police force of the City shall be subject to the government of the board, to be dismissed or suspended, and generally to the provisions of this Act, the same to all intents and purposes as if they had been appointed under the said provisions, but, in the case of any suspension or dismissal of any member of the force the person so suspended or dismissed shall have a right to be heard, either in person or by attorney, by the Board, who shall then deal with his case as may be just and proper. (Sec. 763, Municipal Act.) 868. The said board shall from time to time fix the wages or salaries to be paid the chief and constables or men employed. (Sec. 764, Municipal Act.) 1902 WINNIPEG CHARTER. Car. 77. 271 869. The board shall cause a pay list of all men em- Monthly ployed to be made out monthly, or oftener if required, and "' lists. the said list, when certified to by the said board or a maior- ity of them, shall be taken or forwarded to the Comptroller, who shall, upon being satisfied as to the correctness of the same, instruct the Treasurer to pay the same under his sig- nature. (Sec. 765, Municipal Act.) 870. The board shall, before incurring any expenditure Council to of money in connection with the police department, other §§ than the employment of men, submit and furnish to the Council an estimate of the sum or sums required and the pur- pose or purposes to which the same is intended to be devoted, and the Council shall thereupon provide the same in the hands of the Treasurer and notify the Comptroller; and the board thereafter may draw on account of and apply the same or any part thereof for the purposes mentioned in the esti- mates. (Sec. 766, Municipal Act.) 871. It shall be lawful for any officer while on duty to Powers of apprehend all loose, idle and disorderly persons whom he *auty shall find disturbing the public peace, or whom he may have ...” just cause to suspect of evil designs, and all persons whom he shall find lying or being in any field, highway, yard, rail- way car or other place and not giving a satisfactory account of themselves, and to deliver such persons to the officer in charge of the nearest police station, in order that such per- son may be secured until brought before the Mayor or Police Magistrate presiding at the police court of the City to be dealt with according to law, or may give bail for his appear-Bail of vas. ance before the said police court if the Chief of Police, upon" being made cognizant of the facts of the case, shall think it a fit case for bail. (Sec. 767, Municipal Act.) 872. If any person shall assault or resist any officer or Resisting constable of the police force of the City in the execution of Officers. his duty, or shall aid or incite any person so to assault or re- sist, every such offender, being convicted thereof before the Police Magistrate or, in his absence, the Mayor shall for every such offence forfeit and pay the sum of twenty dollars, besides the cost of the Court, and be liable, in case of default of payment of such fine, to such imprisonment, not exceed- ing thirty days, as the said Police Magistrate or Mayor may adjudge. (Sec. 768, Municipal Act.) WATER WORKs. 873. The City shall have power to design, construct, glºw. - & tº - - e e Cl’C O DUl I'- build, purchase, improve, hold, and generally maintain, man-ºº: age and conduct water works and all buildings, matters, ma- 272 CAP. 7 7. WINNIPEG CHARTER. 1-2 EDW. VII iºnº,... Chinery and appliances therewith connected or necessary manage water- {º & te g e * Works. thereto, in the City of Winnipeg, and parts adjacent as here- inafter provided. ºild 874. The City shall have all the powers necessary to and manage */ g Mºs enable them to build the water works hereinafter mentioned; tºº, or to purchase and after purchase to add thereto or other- ferred. wise deal with the water works of any company, and to im- prove, secure, maintain and enlarge any of the said works from time to time, as to the said City may seem meet, and to carry out all and every the other powers conferred upon them by this Act. - ºppºsed 875. And it shall be the duty of the City to examine, providing ade. consider and decide upon all matters relative to supplying #"...PP's the City, by the means contemplated by this Act, with a suffi- cient quantity of pure and wholesome water for the use of its inhabitants; and also to provide, build or construct the necessary water works buildings, machinery and other appli- ances requisite for the said object. Power given 876. The City shall have power to employ and appoint º engineers, surveyors, officers and other persons, and to rent ºt, or purchase such lots, works, buildings, privileges and yards to carry out as in the opinion of the Council may be necessary, to enable fork. & º e * WOI’ them to fulfil their duties under this Act. Powers of 877. It shall be lawful for the City, its agents, ser- *...*** vants and workmen from time to time and at such times hereafter as they shall see fit, and they are hereby authorized and empowered to enter into and upon the lands of any per- son or persons, bodies politic or corporate in the City or within one hundred miles of the City, and to survey, set out and ascertain such parts thereof as they may require for the Power to pur. purposes of the said water works; and also to divert and ;” appropriate any spring or stream of water thereon as they jºr privil shall judge suitable and proper; and to contract with the owners or occupiers of the said lands, and those having an in- terest or right in the said water for the purchase thereof or of any part thereof, or of any privilege that may be required for the purposes of the said water works; and in case of any Arbitration as disagreement between the City and the owners or occupiers tº of such lands, or any persons having an interest in the said perty. water or the natural flow thereof, or any such privilege as aforesaid, respecting the amount of purchase or value there- of, or as to the damages, such appropriation shall cause to them or otherwise, the same shall be decided by three ar- bitrators to be appointed as hereinafter mentioned, namely: The City shall appoint one, the owner shall appoint an- 1902 WINNIPEG CHARTER. CAP. 77. 273 other, and such two arbitrators shall within ten days after Arbitrators their appointment appoint a third arbitrator; but in the tºp event of such two arbitrators not appointing a third arbi- trator within the time aforesaid, the Court of King’s Bench or a Judge thereof shall, on application by either party, ap- point such third arbitrator. In case any such owner or oc- cupier shall be an infant, married woman or insane, or ab- sent from this Province, or shall refuse to appoint an arbi- trator on his or her behalf then the said Court of Ring's Bench or a Judge thereof, on applica- tion being made to it or him for that purpose by the said City, shall nominate and appoint three in- different persons as arbitrators. The arbitrators to be ap-power of pointed as hereinafter mentioned shall award, determine, ad-"itrators judge and order the respective sums of money which the City shall pay to the respective persons entitled to receive the same; and the award of the majority of the said arbitrators shall be final. And the said arbitrators shall be and they are Notice to ar- hereby required to attend at some convenient place at or in #ºn the vicinity of the City to be appointed by the City after investigation. eight days' notice given for that purpose by the City then and there to arbitrate and award, adjudge and determine such matters and things as shall be submitted to their con- sideration by the parties interested; and each arbitrator shall be sworn before some one of His Majesty’s Justices of the §ºrs to - * º © 8WOl’ll. Peace (any of whom may be required to attend the said meeting for that purpose) well and truly to assess the value or damages between the parties to the best of his judgment. Provided always that any award under this Act shall be Award may be subject to be set aside on application to the Court of King’s jºto Bench in the same manner and on the same grounds as in King's Bench. Ordinary cases of arbitration, in which case a reference may be again made to arbitration as hereinbefore provided, and that any sum so awarded shall be paid within three calendar Fine within months from the date of the award, or determination of any Nº". motion to annul the same; and in default of such payment * the proprietor may refuse possession of his property and all ºf for his rights shall thereupon revive; and the award of a major-" " ity of the said arbitrators shall be binding on all parties concerned subject as aforesaid. - 878. The lands, privileges and water which shall be as- *isted • - T • º , quired yeste certained, set out or appropriated by the City for the pur-º.cº. poses as aforesaid shall thereupon and forever thereafter be vested in the City; and it shall and may be lawful for the City to construct, erect and maintain in and upon the said ºter e e e te ll. DOIl 18,11(iS lands, all such reservoirs, dams, conduits, water works and ...'...es. machinery, requisite for the said undertaking, and to convey the waters thereto, and therefrom in, upon or through any 274 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Compensation to be made. Water works vested in City. Penalty for interfering with exercise of powers conferred by this Act. of the grounds and lands lying intermediate between the said reservoirs and water works, and the springs, streams, rivers or lakes from which the same are procured, and the City, by One or more lines of pipes or conduits, as may from time to time be found necessary; and for better effecting the pur- pose aforesaid the City, its agents, servants and employees are hereby empowered to enter and pass upon and over the Said grounds, and lands intermediate as aforesaid; and the same to repair, cut and dig up if necessary, and to lay down the said pipes, through the same, and in, upon, over, under, and through the highways, railways, roads, and in, through, over, or under the public ways, streets, street railways, lames or other passages of the City, and in, upon, through over or under the lands, grounds and premises of any per- son or persons, bodies corporate, politic or collegiate what- soever; and to set out, ascertain, use and occupy such part or parts thereof as they, the City, shall think necessary and proper for the making and maintaining of the said works, or for the opening of new streets required for the same and for the purchasing of any land required for the protection of the said works or for preserving the purity of the water supply, or for taking up, removing, altering or repairing the same, and for distributing water to the inhabitants of the Jity, or for the uses of the City, or of the proprietors or Oc- cupiers of the lands through or near which the same may pass, and for this purpose to sink and lay down pipes, trunks, reservoirs and other conveniences, and from time to time to alter all or any of the said works, as well in the position as in the construction thereof, as to the City shall seem meet, do- ing as little damage as may be in the execution of the powers hereby granted to them, and making reasonable and adequate satisfaction to the proprietors, to be ascertained in case of dis- agreement by arbitration as aforesaid, and all such water works, pipes, erections and machinery requisite for the said undertaking shall likewise be vested in and be the property of the City. 879. If any person shall wilfully or maliciously hinder or interrupt or cause or procure to be hindered or interrupt- ed the City or its servants, agents, contractors, workmen or any of them in the exercise of any of the powers and auth- orities in this Act, as to water works or water supply, auth- Crized and contained, or if any person shall wilfully or maliciously let off or discharge any water so that the same shall run waste or useless out of the said works, or if any person shall throw or deposit any injurious, noisome or of fensive matter into the said water or water works or upon the ice or in any way foul the same or commit any wilful damage or injury to the works, pipes or water or encourage 1902 - WINNIPEG CHARTER. car. 77. 2. 7 5 the same to be done, every person offending in any of the cases aforesaid shall, on conviction thereof before the Mayor, Police Magistrate, or any Justice of the Peace having juris- # ºr diction within the locality where the offence shall be com- fºllºwater mitted, forfeit and pav for every such offence the sum of *** twenty dollars, together with the costs of conviction, one-half to be applied to the use of the City for water works pur- OSes and the other half to him or her who shall lay the in- ormation ; and, in case the party or parties suing for the Same be the City or any of its servants, officers, agents or workmen, then the whole of said penalty shall be applied to Application of the uses of the City for water works purposes, and such penalty. Mayor, Police Magistrate or Justice of the Peace may also in his discretion further condemn such person to be confined Imprisonment in the common gaol of the Eastern Judicial District of the " E.J. D. gaol. Province of Manitoba for a space of time not exceeding thirty days, as to such Mayor or Justice shall seem meet; and such person or persons so offending shall be liable to an Action for action at law at the suit of the City to make good any dam-". age done by him, her or them. & 880. All materials procured or partially procured un. Nºor der contract with the City and upon which the City shall Wºry have made advances in accordance with such contract shall be ... * ºn * X e -. exempt from exempt from execution. Seizure. 881. The City is hereby required to keep or cause to City to keep. be kept separate books and accounts of the receipts and dis- º bursements for and on account of the said water works, dis-“” ” tinct from the books and accounts relating to the other prop- erty, funds or assets belonging to the City, and the City shall annually on or before the first day of December in each year and every year cause a return to be made to the Lieutenant- Governor-in-Council, showing a statement of the affairs of ºrn the said water works, wherein shall be stated the amount of works to the rents, issues and profits arising from the said water tºº." works, the number of tenants supplied with water, the ex- tent and value of the moveable and immoveable property Contents of thereunto belonging, the amount of debentures then issued." and remaining unredeemed and uncancelled and the interest paid thereon or yet due and unpaid, and the state of the sinking fund, the expenses of collection and management,and all other contingencies; salaries of officers and servants, the costs of repairs, improvements and alterations, the prices paid for the acquisition of any real estate that may have been acquired for the use of the said water works, and generally such a statement of the revenue and expenditure of the said water works as will at all times afford to the citizens of the City a full and complete knowledge of the state of affairs of the said water works, and such information as may be re- 276 CAP. 77. Winnipeg CHARTER. 1-2 EDw. VII quired in order that all the accounts relating to the said water works may be audited by the Comptroller of the City Distribution and price of Water. ASSeSSlment of Water rates. Watcr rates to be a lien on realty. Disposition of proceeds of Water rates. By-laws as to management, of works and cmployees. in regular course. 882. The City shall regulate the distribution and use of the water in all places and for all purposes where the same may be required; and from time to time shall fix the prices for the use thereof and the times of payment; and they may erect such number, of public hydrants, and in such places as they may see fit, and direct to what manner and for what purpose the same shall be used, all which they may change at their discretion. The City is also empowered at proper hours of the day and upon reasonable notice given and request made by the City for that purpose to place meters upon any service pipe or connection within or without any house or building as they may deem expedient, and for this. purpose, or for the purpose of protecting or regulating the use of any such meter, to set or alter the position of the same, or of any pipe, connection or tap, and to fix the price to be paid for the use of any such meter, and the time when and the manner in which the same shall be payable, and also to charge for and recover the expenses of such alterations; and such price and the expense of such alteration may be col- lected in the same manner as water rates. . 883. The City shall have power and authority and it shall be its duty from time to time to fix the price, rate or rent which any owner or occupant of any house, tenement, lot or part of a lot, or both, im, through or past which the water pipes shall run, shall pay as water rate or rent, wheth- er such owner or occupant shall use the water or not, having due regard to the assessment and to any special benefit and advantage derived by such owner or occupant, or conferred upon him or her or their property by the water works, and the locality in which the same is situated; and such water rate or rent as shall be assessed by the City upon such owner or occupant shall be and continue a lien or charge, until paid, upon such real estate; and the City shall also have power and authority from time to time to fix the rate or rent to be paid for the use of the water by hydrants, fire plugs and public buildings. W 884. All water rents and water rates when collected shall be paid over to the Treasurer, and by him placed to the credit of the water works account, and the City shall have power from time to time to make and enforce all necessary by-laws, rules and regulations for the general maintenance of the management and conduct of the said water works, officers and others employed by them, not inconsistent with this Act, and for the collection of the said water rents and 1902 WINNIPEG CHARTER. CAP. 77. 277 water rates, and for fixing the time and times (which shall Bylaws as to collection of be quarterly) when and the place where the same shall be rates. payable; also for allowing a discount for prepayment and increase in case of default in payment, to enforce payment by shutting off the water, or by suit at law before any Court of competent jurisdiction, or by distress and sale of the goods and chattels of such owner or occupant, or of any goods and chattels in his possession wherever the same shall be found within the City, or of any goods or chattels found On the premises of the property of, or in the possession of, any other occupant of the premises. Such distress and sale shall be conducted in the same manner as sales are now con- ducted for arrears of City taxes, and the costs chargeable shall be those payable to bailiffs under the County Court Act; provided that the attempt to collect such rates by any process hereinbefore mentioned shall not in any way invali- date the lien upon Such premises. • . § 885. The City shall have power to employ the City col- City may em. lector, assessors, and such other persons, as in their opinion gººm. may be necessary, to carry out the object of this Act and to §º specify the duties of such persons so employed, and to fix .ſº their compensation, and all such persons shall hold their offices at the pleasure of the City or as they shall determine by by-law or resolution in that behalf, and shall give such security as the City shall from time to time require; and such collectors, assessors or other persons shall have as full power, in the performance and enforcement of the matters to them committed, as the collectors and assessors in the City now possess and enjoy. 886. If any person or persons shall lay or cause to be Penalty for laid any pine or main to communicate with any pipe or ºffm main of the said water works, or in any way obtain or use ºº any water thereof, without the consent of the City, he or sent of City. they shall forfeit, and pay to the City for water works pur- poses, the sum of $100, and also a further sum of $5 for each day such pipe or main shall so remain, which said sum or sums, together with costs of suit in that behalf, may be recovered by civil action in any Court of competent jurisdic- tion in the Province. 887. If any person shall bathe or wash or cleanse any Penalty for cloth, wool, leather, skin or animals, or place any nuisance or §§ offensive thing within the distance of one mile from the ...” source of supply for such water works, in any lake, river, pond, source or fountain from which the water of the said water works is obtained, or shall convey or cast, cause or throw or put any filth, dirt, dead carcases or other noisome or offensive thing therein or within the distance as above set 278 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII out, or cause, permit or suffer the water of any sink, sewer or drain to run or to be conveyed into the same, or cause any other thing to be done whereby the water therein may be in anywise tainted or fouled, every such person shall on convic- tion thereof before the Mayor, Police Magistrate or any Justice of the Peace having jurisdiction in the City, on the oath of one credible witness, be by such Mayor, Police Magis- trate or Justice adjudged and compelled to pay a penalty for every such offence not exceeding twenty dollars, together §ºſion of with costs, one-half to be applied for water works purposes, * and the other half to him or her who shall lay the informa- tion; and, in case the party laying such information be the City or any of its officers or servants, then the whole of the said penalty shall be applied for water works purposes, and such Mayor, Police Magistrate or Justice may also in his discretion further condemn such person to be confined in the Imprisonment common gaol, of the Eastern Judicial District of Manitoba ***" or the lock-up house of the City of Winnipeg for a space of - time not exceeding thirty days, with or without hard labor as to him may seem meet, but this section shall not apply where the water is taken from the Assiniboine river. By-laws pro. 888. It shall and may be lawful for the City and it is ºng hereby authorized and empowered to make such by-laws as ... to it shall seem requisite and necessary, for prohibiting by #ºnd mode fine not exceeding twenty dollars (to be applied to water works purposes), or imprisonment not exceeding thirty days (the amount of such fine and duration of such imprisonment, with or without hard labor, being always in the discretion of the Mayor, Police Magistrate or Justice of the Peace before whom any proceeding may be taken for enforcement there- of), any person, being occupant, tenant or inmate of any house supplied with the water from the said water works, from vending, selling or disposing of all water thereof, from giving it away, or permitting it to be taken or carried away, or from using it, or applying it to the use or benefit of others, or to any other than to his, her or their own use and benefit, or from increasing the supply of water agreed for with the City, or from wrongfully neglecting or improperly wasting the water, and for regulating the time, manner, extent and nature of the supply by the said works, the tenement or parties to which and to whom the same shall be furnished, the price or prices to be exacted therefor, and each and every other matter or thing relating to or connected therewith which it may be necessary or proper to direct, regulate or determine, for issuing to the inhabitants of the City a con- tinued and abundant supply of pure and wholesome water, and to prevent the practicing of frauds upon the City with regard to the water so supplied. 1902 WINNIPEG CHARTER. CAP. 77. 279 889. In all cases where a vacant space intervenes be-cost of laying - & : * * * e pipes between tween the line of the street and the outer wall of the building Šišiº into which the water is to be taken, the City may with the §ºnd consent of the owner lay the service pipes across such vacant; Pºw" space, and charge the cost thereof to the owner of such prem- ises, or such owner may himself lay such service pipes, pro- vided the same is done to the satisfaction of the Engineer of the City. The expense incidental to the laying of such ser- vice pipes if laid by the City, or of superintending the lay- ing of the same if laid by any other person, shall be payable On demand to the City, or if not so paid may be collected forthwith in the same manner as water rates; provided that in any one case the said expense of superintending the lay- ing of such service pipes, if laid by any other person as afore- said, shall not exceed one dollar. 890. The City shall pay the whole cost of putting in ºr and keeping in repair the service pipes from the water works ſaying and * *- - g r Seeplmg in mains to the street line. The land owner shall pay for lay-ºjeńice e sº e tº e e t e S fr ing and keeping in repair the service pipe between the outer ºcet street line and any building or premises to which water is to * be taken. (Sec. 27, Cap. 24, 62 and 63 Vic.., 1899.) OWner to pay balance of COSt. 891. The service pipe from the line of the street to the service pipes, interior face of the outer wall of the buildings supplied, to-º; gether with all branches, couplings, stop-cocks and apparatus control of City. placed thereon by the City, shall be under its control; and if Repairs and any damage be done to this portion of the service pipe, or its º' fittings, either by neglect or otherwise, the City may repair the same and charge the same to the occupant or owner of the premises. The stop-cock placed by the City inside of the Use of the wall of the building shall not be used by the water tenant, #.” except in cases of accident or for the protection of the build- ing or the pipes, and to prevent flooding of premises. 892. The City may impose a frontage rate upon streets city may im: wherein mains of the City's water works have been or shall ºf hereafter be placed. Such rate may be a uniform rate per ºrein main foot of the frontage. The same shall be treated and collect- aid. ed and shall form a lien upon the real property affected in Rate alien the same way as taxes levied thereon by ordinary assessment. "P" "*Y. The amount of such rates, the real properties to be affected, and the time of payment of same shall be ascertained and de- risingrates termined by such authority and in such manner as directed ºod of by the Council. A copy of the report of such authority shall thereof. be filed with the official in whosé charge the Collector’s rolls are prepared. The latter shall enter the amount of such rates in such rolls against the respective lands affected in the same manner as ordinary rates and taxes. Such rates may be imposed irrespective of whether such real property is va- 280 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII cant or is not connected with the water mains or does not use Frontage rate or receive water from the same. Such frontage rate shall a distinct rate - •- . from water” be a charge separate and apart from the rate or price charged rate. for water actually furnished or supplied or agreed so to be by the City. (Sec. 5, amendment, Municipal Act, 1 Ed. VII.) ſº 893. All parties supplied with water by the City may * * * be required to place only such taps for the drawing and shutting off the water as may be approved of by the City. City not liable 894. The City shall not be liable for damages caused º; by the breaking of any service pipe or attachment, or for breaking of - g s º * ; v. tº * . t º, any shutting off of the water to repair mains or to tap the etc. plpes. Powers of 895. It shall be lawful for the City, and every person ... authorized by them for that purpose, to have free access at ceiving water proper hours of the day and upon reasonable notice given and request made for that Fº to all parts of every building in which water is delivered and consumed, and also, powers of at the same hour and with the like notice, to enter into and entry to erect - .** * e - ...injº tºpoll the lands and houses of any person or corporation for Imetres. the purpose of erecting water meters therein and for the purpose of inspecting or altering the same. Fenalty for 896. If any person or persons not being in the employ- § ment of the City or not being a member of the Fire Depart- with hydrants, ment of the City, and duly authorized in that behalf, shall wilfully open or close any hydrant, or obstruct the free access to any hydrant, stop-cock, chamber or hydrant chamber by placing on it any building material, rubbish, or otherwise, every such person shall, on conviction before the Mayor, Police Magistrate or any Justice of the Peace having juris- diction in the City, forfeit and pay for each offence a sum not exceeding twenty dollars for water works purposes, and, in default of payment, be imprisoned in the common gaol of the Eastern Judicial District of Manitoba for a term not to exceed thirty days, and each time the said hydrants are so interfered with and each day said obstruction shall continue shall be considered a separate offence. Meters. 897. The City may set up in any house, building or place, and use a meter or meters for the purpose of gauging the quantity of water used in such house, building or place. Sale of lands 898. The City may sell and convey any lands purchas- §§." ed for the said water works, but which shall cease to be re- .*P* quired or which they shall deem unnecessary therefor, free & from any charge, mortgage or lien created by this Act, either for cash or on credit, with power to take a mortgage or mort- 1902 WINNIPEG CHARTER. CAP. 77. 281 gages for nart of the purchase money; the proceeds arising Application of from any such sale to be added to and form part of the funds ººm for the construction of water works, to be paid into some char- tered bank having an office in Winnipeg, and shall be ex- pended and paid out in the like manner, and for the like pur- poses, as the proceeds of water works debentures under the provisions of this Act. º 899. The City shall have power to rate and tax each Rating vacant vacant lot of land in the City fronting on streets in which * water pipes shall be placed, provided the pipes run past the said lot, due regard being had to the assessment and to the advantage which said lot shall derive from water works; such rates and taxes shall be recoverable in the same manner as taxes assessed for ordinary purposes and shall be collected along with and at the same time as such other taxes are col- lected, and shall be and form a lien on said land to the same extent as the other taxes charged on the said lands. 900. The City shall have full, entire and exclusive pos- City shall con session, control and management of the said lands and water º works and all things appertaining thereto, and shall and may *PP” prosecute and defend any action or actions, suit or suits, or process at law or in equity against any person or persons for Actions for money due for the use of water, for the breach of any con- lººr. tract, express or implied, touching the execution or manage- works, etc. ment of the works or the distribution of the water or of any promise or contract made to or with them and also for any injury, damage, trespass, nuisance or other wrongful act done, committed or suffered to the said lands, works, water courses, sources of water supply, pipes, machinery or any apparatus belonging to or connected with any part of the works, or for any improper use or waste of the water. 901. The City is hereby empowered to arrange with in-Arrangements dividuals for the extension of pipes in suburbs or partially tºº built portions of the City, by allowing a deduction from the water service price charged for the water to such extent as the City shall to suburbs. See fit on the cost of the said pipes when laid by the parties under the direction of the City and subject to their annroval: or the City may lay the pipes, charging the said parties, in addition to the said water rate, a yearly interest upon the cost of such extension, which interest, or such portion thereof as shall then be due, shall be paid at the same time and col- lected in the same manner as the water rates. 902. For the purpose of constructing and purchasing Borrowing the said water works, and paying the interest on the deben- tººls tures hereinafter mentioned during the progress of the works purposes. and expenses attendant thereon, or for the purpose of meet- 2 8 2 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. WIl Their deben- tures. Time of pay- Iment. ing the payment of any other matter or thing contemplated or allowed by this Act, the City shall have power to pass a by-law or by-laws for the issue of debentures of the City, to be called water works debentures, and to issue said deben- tures for a sum of money not exceeding seven hundred thousand dollars of lawful money of Canada, in such sums, not less than one hundred dollars or twenty pounds sterling money, as shall to the said City seem expedient, which de- bentures shall be made payable in manner and at the times following, that is to say: Within a period of fifty years from the date of the respective issues thereof, and shall bear inter- Rate of inter- est at the rate of not more than five per centum per annum, eSt. Executors of debentures. Sinking fund. Management and disposi- tion of lands arisin § from sale of deben- tures. Works and lands hereby such interest to be payable half-yearly ; and such deben- tures shall be signed by the Mayor, Treasurer and Comp- troller of the City for the time being, and may be made pay- able either in sterling or currency in this Province, Great Britain or elsewhere, as to the Council shall seem expedienſ. or ncCossary; and the Council shall, for the purpose of pro- viding a sinking fund for the payment of the said debentures as aforesaid, and the interest on the same semi-annually, raise annually from the completion of the said works, or at the expiration of three years from the date of the first issue of such debentures, such sum as may be necessary to pay the interest upon and provide a sinking fund to meet the whole of such debentures in full as the same shall become due, re- spectively, and shall levy a rate for that purpose to be set- tled, imposed and levied in each and every year to pay said principal and interest on such debentures. 903. Such debentures when issued shall be deposited in some chartered bank having an office in Winnipeg, and the proceeds of such debentures shall be paid into some chartered bank and kept separate from any other funds of the City, and the same shall only be paid out, on the cheque of the Mayor, Comptroller and Treasurer for the time being of the City, as may from time to time be required for the payment of the amount to be found due said company, and the dis- charge of the liabilities that may be incurred in carrying out the improvements contemplated by this Act, and for the pay- ment of interest accruing due on the said debentures during the period of the erection and completion of the said water works. Provided, also, that nothing herein contained shall prevent the City, should they deem it advantageous so to do, from paying the contractor or contractors or others in deben- tures, either at par or at such rate of discount as the City in their judgment shall deem advisable; nor from selling or negotiating the same, as to them may seem most expedient and advantageous to the interests of the City. 904. The said waterworks to be erected and construct- ed under this Act, and also the land to be acquired for the 1902 WINNIPEG CHARTER. OAP. 77. 283 purposes thereof, and every matter and thing therewith con-hypothecated nected shall be, and they are hereby specially charged, jºy pledged, mortgaged and hypothecated for the re-payment of * any sum or sums which may be borrowed by the said City for the purposes of this Act respecting water works, as well as for the due and punctual payment of the interest thereupon ; and all, each and every of the holders of the debentures in the last previous section mentioned shall have a preferential pledge, mortgage, hypothec or privilege on the said lands, water works and property appertaining thereto, for Securing the payment of the said debentures and the interest thereon. 905. After the construction of the works all the re-Application of venues arising from or out of the supplying of water, or from ..."...ier the real or personal property connected with the said water “” works to be acquired by the City, shall, after providing for the expenses attendant upon the maintenance of the said water works, be paid over to the Treasurer, as hereinbefore provided, and shall make part of the general funds of the City and may be applied accordingly. 906. Nothing in the foregoing provisions of this Act ºf... with reference to water works contained shall extend or be flºº y construed to extend to diminish the power and authority of *ional to the City aforesaid hereafter to borrow on the credit of the City for the general uses and purposes of the City as fully and effectually as though the City were not indebted for the building of the water works as aforesaid, or as if the said provision of this Act with reference to water works had not been passed, any Act, statute, law or provision thereof to the contrary notwithstanding. 907. The lands, buildings, machinery, reservoirs, pipes Lands, etc. •e ** * re vi * – exempt from and all other real or personal property, connected with or ap-ºº: pertaining or belonging to the water works, shall from hence- forth be exempt from taxation. 908. If any action or suit shall be brought against any Limitation as person or persons for anything done in pursuance of the lººtion." provisions of this Act in regard to waterworks, the same shall be brought within six calendar months next after the act com- mitted; or in case there shall be a continuation of damages, then within one year after the original cause of such action arising. t * 909. No person shall be held to be disqualified from be tº ing elected or sitting as a member of the Council by reason # is uniº of his taking or using the water supplied by the Winnipeg tºº. water works, or by reason of his having any contract with Cil. the City in respect of such taking or using. 284 CAP. 77. WINNIPEG CHARTER. 1-2 EDw. VII Powers to. 910. For the purpose of extending its water works sys- create addi- & e jºiáº; tem by the purchase and installation of new plant, water pipes, services and appliances, and the work of excavation and construction, the City may by by-laws passed from time to time incur and create an additional debt or debts by the issue and sale of the City’s debentures for the aforesaid pur- poses. The principal sum of such debentures shall be made payable not more than thirty years from the date of the re- spective issues thereof, and they shall bear such rate of in- terest, payable at such times and places as the Council shall fix by its by-laws. The Council by by-law or resolution may prescribe the methods of disbursing and vouching the moneys raised upon such debentures, but no part of said moneys shall be disbursed or expended for any other purposé whatever than the extension as aforesaid of the City water works system. A separate account shall be kept apart from other civic accounts, showing the proceeds of such debentures Not necessary and the disposition thereof. It shall not be necessary to tº submit any such by-law to a vote of the electors, and, upon torS. the Council finally passing same and issuing such debentures, they shall be a valid and binding charge upon the City, and, as against ordinary City indebtedness, shall be a preferential pledge, mortgage, hypothec or privilege on the lands, plant . and property appertaining to the City water works system. No part of any debt or debts created under the authority of this section shall be deemed to be a part of the indebtedness referred to in section 688 of this Act. º, 911. The Council may by by-law require the payment advance. of water rents and rates to be made in advance and may auth- orize its officers to estimate the probable amounts of water likely to be consumed for the purpose of fixing the amounts So payable. Exercise of all 912. The Council may by itself, or by its officers, exer- 8.* cise and enjoy the powers, rights, authorities and immuni- ties conferred upon the City by the sections of this Act relat- ãº, ing to water works, or such Council may at any time by by- Čommission law, assented to by the electors of the City, provide for the CFS, election of Commissioners for such purpose. The consent of the electors shall be deemed to have been given if three- fifths of those voting upon the said by-law shall have voted in favor thereof. (Sec. 1, Cap. 33, 55 Vic.) Powers of 913. Upon the election of Commissioners all the pow- ºmmission ers, rights, authorities or immunities, which under the sec- tions of this Act in respect of water works might have been enjoyed by the Council or the officer or officers of the City acting for the corporation, shall be exercised by the Com- missioners, except as hereinafter provided, and the Council 1902 WINNIPEG CHARTER. - * * * CAP. 77. 285 henceforth during the continuance of the Board of Commis- Sioners shall have no authority in respect of such works. Such Commissioners shall be known as the Water Works Jommissioners of the City of Winnipeg. (Sec. 2, Cap. 33, 55 Vic.) * * * …] Employees 914. Any. officer or employee appointed or employed; by the Council in or about the construction or management of ººº- the works shall be continued until removed by the Commis- - Sioners, unless his engagement shall sooner terminate. (Sec. 3, Cap. 33, 55 Vic.) 915. Nothing in this Act shall be construed to divest Authority still the Council of its authority with reference to the providing Š." of moneys required in respect of such works, and the Treas- urer shall, upon the written certificate of the Commission- ers, pay out any moneys so provided in the same manner as other City funds. (Sec. 4, Cap. 33, 55 Vic.) 916. The Commissioners shall consist of a Board of $º three, of whom the Mayor shall ea officio be one, and the re-ºmmission. mainder of whom shall be elected annually at the same time ` and in the same manner as aldermen, as in this Act herein- before provided. In case two Commissioners are elected at the same time, the one receiving the higher number of votes shall hold office for two years. When a vacancy of any kind occurs on the board, then a Commissioner, who shall hold office during the remainder of the term for which the pre- decessor was appointed, shall be immediately appointed by the Council. (Sec. 5, Cap. 33, 55 Vic.) 917. A majority of the Commissioners shall constitute Quorum. a quorum for the transaction of any business within the au- thority of the board. (Sec. 6, Cap. 33, 55 Vic.) 918. Each of the Commissioners so elected or appoint- Property ed shall, during the whole period of his term of office, have qualification. the same property qualification as is required for a member of the Council of the City. (Sec. 7, Cap. 33, 55 Vic.) 919. Every Commissioner shall, before taking office, oath of make an oath of qualification before some Justice of the qualification. Peace, and shall file such oath with the Clerk. (Sec. 8, Cap. 33, 55 Vic.) 920. The place of a Commissioner shall become vacant Cause for from the same causes as a seat of a member of the Council of “” the City. (Sec. 9, Cap. 33, 55 Vic.) 286 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII Salary of Com- In 18SIOIn CTS. Commission- ers not to hold Contract. Council may I'êSUlm C. COll- trol of works. Separate books to be kept. Annual re- turns to be made. 921. The salary (if any) of the Commissioners, both during the progress of the works and after their completion, shall from time to time be fixed by the Council, but no mem- ber of the Council, except the Mayor, shall at the same time be a member of the Board of Commissioners. (Sec. 10, Cap. 33, 55 Vic.) - - 922. No Commissioner appointed as aforesaid shall personally have or hold any contract in connection with the said works, or with the said Council, or be directly or indi- rectly interested in the same or any of them. (Sec. 11, Cap. 33, 55 Vic.) 923. The Council, in case the construction or manage- ment of the works be entrusted to Commissioners, may by by-law, assented to by the electors of the City, as provided in section 912 of this Act, at any time assume the work, re- move the Commissioners, apportion their current year’s Sal- ary and proceed with and arrange the works, and in such case all the rights, powers, authorities, immunities, duties and li- abilities then belonging to the Commissioners shall be trans- ferred to and vested in the Council, but any officer or em- ployee appointed or employed by the Commissioners, in or about the construction or management of the works, shall be continued until removed by the Council, unless his engage- ment sooner terminates. (Sec. 12, Cap. 33, 55 Vic.) 924. The Commissioners shall keep, or cause to be kept, separate books and accounts of the receipts and disburse- ments for and on account of the water rates, distinct from the books and accounts relating to the other property, funds or assets belonging to the water works; and all such books shall be open to the examination of any person appointed by the Council. (Sec. 13, Cap. 33, 55 Vic.) 925. The Commissioners, on or before the fifteenth day of January in each year, or upon such other day as the Council may name, shall cause a return to be made to the Council containing a statement of the affairs of the water works, which shall show the amount of the rents, issues and profits arising from the water works, and the number of ten- ants supplied with water during the previous year; the amount of debentures to be then issued and remaining unre- deemed and uncancelled, and the interest paid thereon, or yet due and unpaid, and the state of the sinking fund; the ex- penses of collection and management, and all other contin- gencies; the salaries of officers and servants; the cost of re- pairs, improvements and alterations; the prices paid for the acquisition of any real estate that may have been acquired for the use of the water works, and generally such a state- 1902 WINNIPEG CHARTER. CAP. 77. 287 ment of the revenue and expenditure of the water works as will at all times afford to the ratepayers a full and complete knowledge of the state of affairs of the water works. (Sec. 14, Cap. 33, 55 Vic.) 926. The Commissioners shall also from time to time To furnish furnish such information as may be required by the Council. * (Sec. 15, Cap. 33, 55 Vic.) 927. All the accounts relating to the water works shall Accounts to be be audited by the Comptroller in regular course, and the êºr. Commissioners and all their officers shall furnish to the Comptroller information and assistance as may be in their power to enable the Comptroller properly to audit such ac- counts. (Sec. 16, Cap. 33, 55 Vic.) 928. The Commissioners and the clerks employed in Oath of office. their revenue service shall be sworn before a Justice of the Peace to the faithful performance of their duties. The Commissioners shall keep a book for the purpose of record-ºº: ing the whole of their official proceedings, and such book §º to shall be open for inspection and examination of any person" appointed by the Council. (Sec. 17, Cap. 33, 55 Vic.) 929. All water rates and water rents when collected, All rates, etc. & tº e to be paid over less disbursements by the Commissioners, shall, quarterly, or to Treasurer. as often as the Council shall direct, be paid over by the Com- missioners to the Treasurer, and shall be by him placed to the credit of the water works account. (Sec. 18, Cap. 33, 55 Vic.) 930. The Treasurer of the City of Winnipeg shall be §º. of U. ity to be the Treasurer of the Water Works Commissioners for the ğ. º - e © e - © © e OIT, Ill ISS10 Il- City of Winnipeg, without additional compensation, if the ts. Council of the City by resolution so require. (Sec. 19, Cap. 33, 55 Vic.) GENERAL REPEAL. 931. Any and all provisions of any existing statute of Isconsistent Manitoba which are inconsistent with the provisions of this **P* Act, but such provisions only, and only in so far as the same are so inconsistent, are hereby repealed, such repeal, however, shall affect the City of Winnipeg only, but all rights, powers and privileges now held and enjoyed by the City and not specifically abrogated or taken away or amended by this Act shall be and remain in full force, virtue and effect in the same manner as if this Act had not been passed and to the full extent thereof. Provided always, that all enactments re-proviso. 288 CAP. 77. -> WINNIPEG CHARTER. 1.2 Edw. VII Expression. not to invali- date. pealed by any of said Acts shall remain repealed; and that all things lawfully done and all rights acquired and all liabili- ties incurred under them or any of them shall remain valid and may be enforced, and all proceedings and things lawfully commenced under them may be continued and completed under this Act; and anything heretofore done under any provisions of any of the said repealed Acts, which is repealed without alteration in this Act, may be alleged or referred to as having been done under the Act in which such provision was made or under this Act. •, 932. In any by-laws, Acts, proceedings, notices or forms of the Council or of any of its departments or officers, the use of the expression “The Municipal Act,” instead of “The Winnipeg Charter,” shall not invalidate or affect the same if the by-law, Act, proceeding, notice or form be auth- orized by this Act. - - 1902 WINNIPEG CHARTER. CAP. 77. 289 SCHEDULES. The following are the Schedules referred to in this Act — SCHEDULE “A”—SECTION 43. Form of Ballot Paper. BALLOT PAPER. For MAYOR. t ‘a r; : "O O. C; 3 & ALLAN. 3: - - $2 ro John Allan, Main Street, City ~ ; , f Wi g J. S. & of Winnipeg, Tailor. O B: o Q # * | * # $ ### ####| || 3: gā; 5 & 54:33 BROWN. 5 ºf Eä #: Cyrus Brown, City of Winnipeg, 3.35 Gentleman. - * C § 5 & 5 g FoR ALDERMEN. Fºr , , . f § O I >, #EE: 53 ADAM S. { : - e : 3.3 James Adams, City of Winni- - - - - - - - - - t I# peg, Baker. ; o;3 i ## — = = x = - - - - #. * * : 3.5 § i wº ſ: BRUCE. ºf E. P. § - : º rº *Q Samuel Bruce, City of Winni- ! ; © . ; s: peg, Printer. | ! 9, c.5 Q: rºse ºf 32, E Q § ‘B+ 9 S. l 8 & QU © Sº Q - - - 2. *: } d * # §§ 2, DAVIDSON. ; ; : 5.g #5 5 = Robert Davidson, City of º º #: Winnipeg, Butcher. | | Q : | rº 290 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII SCHEDULE “B”—SECTION 46. DIRECTIONS FOR GUIDANCE OF WOTERS IN WOTING. The voter will go into one of the compartments and with the pencil provided in the compartment place a cross, thus X, on the right hand side opposite the name or names of the candidate or candidates for whom he votes, or any other place within the division which contains the name or names of such candidate or candidates. The voter will then fold up the ballot paper so as to show the name or initials of the deputy returning officer (or re- turning officer, as the case may be) signed on the back, and leaving the compartment, will, without showing the front of the paper to any person, deliver such ballot so folded to the deputy returning officer (or returning officer, as the case may be) and forthwith quit the polling place. If the voter inadvertently spoils a ballot paper, he may return it to the deputy returning officer (or returning officer, as the case may be), who will, if satisfied of such inadvert- ence, give him another ballot paper. If the voter votes for more candidates for any office than he is entitled to vote for, his ballot paper will be void, so far as relates to that office, and will not be counted for any of the candidates for that office. If the voter places any mark on the paper by which he may afterwards be identified, his ballot paper will be void and will not be counted. If the voter takes a ballot paper out of the polling place, or deposits in the ballot box any other paper than the one given to him by the officer, he will be subject to imprison- ment for any term not exceeding six months, with or without hard labor. In the following forms of ballot papers, given for illus: tration, the candidates are, for Mayor, John ALLAN and Cyrus Brown; and for Aldermen, JAMES ADAMS, SAMUEL Bruce and Robert DAVIDSON; and the elector has marked his first paper in favor of John ALLAN for Mayor, and has marked the second paper in favor of JAMEs ADAMs and Rob ERT DAVIDSON for Aldermen. 1902 WINNIPEG CHARTER. CAP. 77. 291 For MAYOR. ‘s “º := "c O : 3.3 A LLAN. £º * John Allan, Main Street, City * Cú - - e - ‘5B - Q: of Winnipeg, Tailor. ºn J.9 Q *: bg?. > qJ U .C. C. § N: #53 s #### Q: :*: tº & * - d ? BROWN st- .C. e 8 º E. U º º © Eä #: Cyrus Brown, City of Winnipeg, 3.30 Gentleman. * - O ###3 {I} FOR ALDERMBN. ‘s - > . - 5: ADAMS. - #3 James Adams, City of Winni- X * un * - 'S peg, Printer. o:5 5% - §§ $ v3 § BRUCE. ºr ºn- º -2 S Samuel Bruce, City of Winni- o 5 s: peg, Baker. to c.c. Q: ## § ET: ; qJ CG Q ==3 5 § 2, DAVIDSON. *-* Ö. Sº a Fº Robert Davidson, City of X O ci - e. º;;− Winnipeg, Butcher. º: .9 £r. § i i Schedule “C”—Section 51. LIST OF ELECTORS. 1°olling Sub-Division No. 1, comprising, etc. Persons entitled to vote at Elections of Mayor, Aldermen and School Trustees in the City of Winnipeg. How Held. - # * # Lot or Designation of Land. No. Nº. Name. Occupation. - # 2. : - e - - |Owner Tenant & 3 D.G.S. Lot. Block. Plan. 1 6 Anderson, Henry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8 |Atcheson, John . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | . . . . . . . . . • * * * "I e < e < e < * . . . . . . . . . . . . . 3 10 |Brown, Peter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...'....... . . . . . & © e º 'º e . . . . . 4 15 |Curran, Joseph . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .l. ... • . . . . . . . . . . . * * * * * * © e º te e e ] e e o 'º e e 1902 WINNIPEG CHARTER. CAP. 77. 293 SCHEDULE “ID '' Assessment Roll. Ward No. NAMES AND DESCRIPTION OF PERSONs AssEssed. RESIDENCE. NAME of Occupant, ‘s 3. Street or Own ER, t -: - OCCUPATION. # glas other O OR OTHER ; --> E tº 3 + p4 Street No., &c. ; #| |x| +3 5: #3 designation. ;: TAXABLE PARTY. $ , § º || 3 |'s 3|- $ O * * 1, .… I p | Sº o 5 cº & U). E. Ú) Wºl § - || -- : O § ||6 || || B | 3 |d 3 |o S Z. 2 |Z. p4| O | {-, Z ºf |& I. 17|Smith, John . . . . . . . Carpenter . . (Cor. Park & West. 1 I 1 || 3 |Park Avenue . 1525|Jones, W. P., or } . . . . [Laborer . . . |Fort Rouge . . . 1 1| 3 || 5 |Spadina Ave. . 1526 Brown, Q. J. . . . Merchant . . |Montreal . . . . . 1 || 1 { { * { 337|Wilson, William . . . . . Clerk . . . . . 979 Common Street | 1 ] 2 |Henry “ | 338 Murphy, P. K. and or. Butcher . . . .981 & 4 { { 1 1| 2 || 4 * tº 4 339|Walker, J. P. . . . } & £ . . . .983 { { { { 1 1 || 1 || 3 & ſº { { | 340|Roberts, Josephus . . . J. Contractor . . 27 Gertrude “ l 1 º { { 294 CAP. 77. 1-2 EDW. VII WINNIPEG CHARTER. —SECTION 284. City of Winnipeg, • * * * * * * * * , DESCRIPTION AND VALUE OF REAL PROPERTY. BUILDINGS LAND. REMARKS. e ..º - Nº. following explana- O .C. - tions of samples given will serve 2. ESTATE. - Size of Lot. And § 'E . in a general way to illustrate the || 3 # Name Or - I - I & is º * . a 3. !-- 3 g|S| 3 || E bº) e § ments. | c. : .9 E. * bO a . QU) -: r; * @) # D.G.S. No. §§ |5|| 6 g 5 * | * 3 ºr O $4 | ſº p: º |2|| 2 || ſº H p4 || > tº S Z, ºf $ $ $ This represents a straight assess- I 3| 993 || 50' | 120’ 500 1500 2000 |7,4,’19 ment of Lot 993, Block 3, D, G. \ S., or Parish Lot I, to John { { Smith as owner. / / 2000 In this case Jones.is shrwn as ten- a; H * 207 || 99' ea. 700 | { { ant or occupant, and Brown as owner of Lots 2 to 27, both inclu- sive, in Block H, sub-division of { { t & { { 500 Y { % Parish Lots 31 to 35 inlcusive. 4 & This represents Wilson, Murphy 11W 57,9 |50 |100' ea. 500 and walker (the latter two joint) tenants of Roberts, who is shown & © { { 500 t 4 as owner of Lots, 5, 6, 7 and 9 of Parish or º G. S., Lot II, west, each of said tenants occupying a 4 & { { 4500 4 & building worth $500. # § : SCHEDULE “E”—SECTION 284. - -- ** BUSINESS TAX ASSESSMENT ROLL. WARD No. , CITY of WINNIPEG, 19 . ON WEIAT. ESTATE. REMARKS NO. TOTAL ON NAME OF OCCUPANT OR OCCUPATION STREET NO. CAPITALIZED NOTICE ROLL TAXABLE PARTY. ETC. Name or Reg No. No. of RENTAL MAILED | ANNUAL | FI.OOR ...] of e VALUE RENTAL | SPACE D. G.S. No. Plan Lot. Block VALUE AREA $ $ Sq. ft. § i : WARD No. , CITY OF WINNIPEG BUSINESS TAX ASSESSMENT FOR 19 SchEDULE “F”—SECTION 309. YT NO. ON wº ANNUAL FLOOR TOTAL ROLL. NAME OF PARTY ASSESSED. occupation. ADDRESS OR STREET No. §º SPACE ASSESSMENT. * ALUE. AREA. Sq ft. $ Agºr TAKE NOTICE that you are assessed as above specified for the year 19 If you deem yourself overcharged, or otherwise improperly assessed, you or your agent may notify the Assessment Commissioner, in writing, of your wish to appeal, within FOUR TEEN DAYS after this notice has been sent you, and your complaint will be tried by the Court of Revision of the City of Winnipeg. WINNIPEG, ........ . . . . . . . . . . . . . . . . . . . . . . 19.... * * * s e s tº e º & e º s e * * * * * * * * * * * * * * & © tº tº e º º tº 8 & tº e º e º & # e. , ASSESSMENT COMMISSIONER. To the Assessment Commissioner, Winnipeg : Sir :—Take notice that I wish to to appeal against the above Assessment for the following reasons: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s • # § s SCHEDULE “G ’’—SECTION 331. WARD No. , CITY OF WINNIPEG, REALTY ASSESSMENT FOR 19 . Ex- Fºº .* NO. ON ROLL DESCRIPTION OF LAND. TOTAL NAME OF PARTY ASSESSED. OCCUPATION. ADDRESS. D.G.S. PARISH LOT. Plan vºor St. St. Kil- || No |Block I,OT. PROPERTY. St. Boniface. James. John. donan. &- TAKE NOTICE that you are assessed as above specified for the year 19 ... If you deem yourself overcharged or otherwise impropelly, sssessed, you or your agent may notify the Assessment Commissioner, in writing, of your wish to appeal, within FOURTEEN I)AYS after this notice has been sent you, and your complaint will be tried by the Court of Revision of the City of Winnipeg. WINNIPEG, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , ASSESSMENT COMMISSIONER. To the Assessment Commissioner, Wlnnipeg: Sir :—Take notice that I wish to appeal against the above Assessment, for the following reasons: tº e º e º e < * s e º & e º & º e g º º e º s e e º & & t < * * * * g e º º $ $ & s e º e º a e º & 8 & º $ in e º s a 4 tº º 298 CAP. 77. WINNIPEG CHARTER. 1-2 EDW. VII SCEIEDULE “ H.” , Take notice that the voting machine for use in the election for the year 19 will be open for inspection at my office OIl the day of 19 5 at ten o’clock in the forenoon. Returning Officer. SCHEDULE “I.” Directions for the Guidance of Voters in Voting. The voter will receive from the deputy returning officer a voting pellet. With this he will go behind the screen and deposit it in the circular hole in the lid of the box in the sec- tion containing the name of the candidate for whom he de- sires to vote. The pellet remains as the voter places it until he returns from behind the screen, when the deputy returning officer turns the crank provided, and the vote is duly registered. The voter is furnished with one voting pellet for each can- didate for whom he is entitled to vote. If the voter fraudulently puts anything but the pellet pro- vided into the machine he will be subject to imprisonment for any term not exceeding six months, with or without hard labor. - SCHEDULE “J” T)irections for the Guidance of Voters in Voting. The voter will receive from the deputy returning officer a voting pellet. With this he will go behind the screen and deposit it in the circular hole in the lid of the box in the sec- tion containing the word “For ’’ or “AGAINST,” according as he wishes to vote for or against the by-law. The pellet remains as the voter places it until he returns from behind the screen, when the deputy returning officer turns the crank provided, and the vote is duly registered. If the voter fraudulently puts anything but the pellet pro- vided into the machine he will be subject to imprisonment for any term not exceeding six months, with Or without hard labor. INDEX TO CHARTER OF THE CITY OF WINNIPEG. A. IPAGE. ABATTO1 RS, by-laws respecting. .212, 213 ABSENT owners, expropriation of lands of . . . . e e g º e º e s tº e º º 252 ACCIDENT, by-laws to secure against . . . . . . . . . . . . . . . . . . 201, 207 ACCOMPLICES, see “Corrupt Practices.” ACCOUNTS— AUDIT of . . . . . . . . . . & ſº e º e & e º 'º & 156 CoMPTROLLER of, audit of . . . . . . . . . 160 INSPECTION, open to . . . . . . . . . . . ... 160 KEEPING of, mode of . . . . . . . . . . 152, 156 PAYMENT of . . . . . . . . . . . . . . . . . 159, 160 • STATEMENTS of, to be furnished Mayor and Council on request 158 To be audited . . . . . . . . . . . . . . . . 156 To be certified . . . . . . . . . . . . . . . . 160 UNADJUSTED, to be audited. . . . . . 160 ACTION, (see also “Suit ’’). AssEssMENT Commissioner, against for neglect of duty, limitation .94 CITY, may be brought by or against 3 HIGHWAY— Injury on, for . . . . . . . . . . . . . 231, 232 Non-repair of, for . . . . . . . . . . . 231 Trespass in error in opening, none 230 1LLEGAL by-law, Order or resolution, for act done under . . . . . . . . . . . 146 LIMITATION of time for bringing against Assessment Commis- º sioner for penalty . . . . . . . . . 94 LIMITATION for bringing suit for return of money paid for taxes 108 LIMITATION of, corrupt practices for . . . . . . . . . . . . . . . . . . . . . 67 LIMITATION of, highway for non- repair of . . . . . . . . . . . . . . . . 23? ADULTERATION, by-laws respéct- ing . . . . . . . . . . . . . . . . . . . . . . 212 AD VERTISEMENT— Local, improvements of . . . . . . . . . 176 OF sale of lands for taxes. . . . . . . 109 OF sale of land to be in Manitoba Gazette . . . . . . . . . . . . . . . . . . . 109 ADVERTISEMENT—Continued. PAGE. OF sitting of Court of Revision, list of electors . . . . . . . . . . . . 21 ADVERTISING signs, by-laws as to 219 AFFIRMATION, see “Oaths.” AGENT AT POLLS– By-Laws, in taking vote on...... 132 BY-LAws, in absence, elector may represent • - - - - - - - - - - - - 133 CANDIDATE of . . . . . . . . . . . . . . . . 39 CERTIFICATE may vote on. . . . . . . . . 38, 133 DECLARATION of . . . . . .48, 132 EXPRESSIONS referring to, explana- tion of . . . . . . . . . . . . . . . . . . 54 All)— ADJOINING municipality, for open- ing of roads passing through adjoining municipality ....... 222 ADJOINING municipality, the like roads outside the City . . . . . . 222 CHARITABLE institutions to . . . . . . 200 EXEMPTION from taxation by . . . . 81, 82 INDIGENT or infirm persons for... . . 200 PUBLIC work for. . 147 Al SLES, regulation of . . . . . . . . . . . 204 ALDERMEN, see “Council.” DISQUALIFICATION of . . . . . . . . . . . 3, 54 ELECTION by acclamation . . . . . . . . 32 NoMINATION of . . . . . . . . . . . . . . . . 12 NUMBER of . . . . . . . . . . . . . . . . . . .* S Police Commissioners ,two to be appointed as . . . . . . . . . . . . . . 268 QUALIFICATION of . . . . . . . . . . . . . S REMUNERATION of . . . . . . . . . . . . . 126 RESIGNATION of . . . . . . . . . . . . . . . 13, 55 TERM of office . . . . . . . . . . . . . . . . . 1S 'i'o vacate Seat, when . . . . . . . . . . . . 55 ALIENATION of small strip of land to escape local improvement assessment . . . . . . . . . . . . . . . 174 ALIENS, disqualified as voters. . . . 10 ALLEY, by-laws respecting. . . . . . . 205, 227 BY-LAWs, as to obstruction of.... 205 BY-LAws, for opening of "........ 227 II . . . INDEX. - PAGE. ALLEY-Continued. CouncII, may assume part of cost of opening . . . . . . . . . . . . . . . . 184 Local, improvement by-laws re- specting . . . . . . . . . . . . . . . . . . 173 ALTERATION Of assessment roll. . 90 AMENDS, tender of . . . . . . . . . . . . . . 146 ANIMALS, by-laws as to. .201, 208 to 210 CRUELTY to, by-laws for preventing 201 DRIVING and riding of, for regu- lating the . . . . . . .202, 220 -LEAVING at large or standing on Street . . . . . . . . . . . . . . . . . . . . 220 RUNNING at large, by-laws for im- pounding . . . . . . . . . . . . . . . . . 209 APPEAL, assessment special against 177 County Judge from . . . . . . . . . . . 62, 63 Court of Revision, assessment roll, from . . . . . . . . . . . . . . . . . . . . 99 Judges fees on . . . . . . . . . . . . . . 100 Judges report on . * * * * * * * 100 Costs of, as to list of electors. . . . . 29 Costs of, payment of by officers. . 30 ELECTORs, list of, from . . . . . . . . . . 18 .ELECTORS, list of, costs of . . . . . . . . 29 ELECTORs, list of, death of party, effect of, on . . . . . . . . . . . . . . 22 ELECTORs, list of, how made . . . . . . 18 ELECTORS, list of, notice of . . . . . . 18 ELECTORs, list of, place of hearing of 20 ELECTORs, list of, time of hearing of 20 APPOINTMENT of agents at polls, to be in writing . . . . . . . . . . . . 133 APPROACHES, public buildings to, regulation of . . . . . . . . . . . . . . 204 APPURTION MENT, cost of local improvement, when change in plan . . . . . . . . . . . . . . . . . . . . . 179 APPROPRIATIONS, not to be ex- ceeded . . . . . . . . . . . . . . . . . . . . . 159 NOT to be used for any other pur- pose than that for which made 160 ARBITRATION.—(and see next sub-title.) - ALTERATION of streets . . . . . . . . . . 195, 196 AWARD upon . . . . . . . . . . . . . . . . . . 257 BRIDGE, between municipalities ... 233 GENERAL provisions respecting. 249 to 262 MUNICIPAL Commissioner, by :- Road, respecting inter municipal 232 RESPECTING compel) sation for alter- ation of Streets . . . . . . . . . . . . 195, 196 ARBITRATION, in cases of lands taken or injuriously affected. Arbitrators— Amount claimed not exceeding. $1,000, County Judge may act. Notice, application to Judge for appointment of sole arbitrator. General provisions applicable. . . . Appointments—To be in writing, authentification of . . . . Appointments—By Mayor . . . . . . Either party may appoint and give notice to the other. ... Third arbitrator, appointment of . . . . . . . . . . . . . . . . . . . . . In cases between corporations Where property has been en- tered upon . . . . . . . . . . . . . . Owner neglecting to appoint, County Judge may appoint. 255, Where several persons inter- ested . . . . . . . . . . . . . . . . . . . Council may take the initiative Not an admission of liability. . County Judge may appoint in certain cases . . . . . . . . . 253, 255, Time of meeting, etc. . . . . . . . . . . Time for making award . . . . . . . . Enlargements . . . . . . . . . . . . . . . Who disqualified to act as . . . . . Oath of . . . . . . . . . . . . . . . . . . . . . Fees of . . . . . . . . . . . . . . . . . . . . Duties of, generally . . . . . . . . . . . New, appointment of . . . . Procedure— Arbitrators . . . . . . . . . . . . . . . . . Time and place of first meeting. Enlargements . . . . . . . . Costs and taxation thereo Majority to decide . . . . . . . . . . . Notes of evidence when to be filed . . . . * * * * * * * * * * * Arbitrators acting on their own knowledge or skill . . . . Adoption of award, when neces- tº e º 'º e Saſy . . . . . . . . . . . . . . . . . . . . Award to be in writing signed by majority . . . . . . . . . . . . . . . . . - Plans, arbitrator to have . . . . . . Title deeds, inspection of . . . . . . Duties of arbitrators, generally. 258, - PAGE. ARBITRATION.—Continued. RoADs, in cases of opening . . . . . . 251 ROADs, between municipalities . . . . 232 253 253 253 254 254 257 257 257 257 257 261 261 261 260 258 INDEX. III #, - PAGE - PAGE ARBITRATION.—Continued. ASSESSMENT—Continued. Evidence to be in writing. . . . . . . 259 SPECIAL, property liable to . . . . . . . 81, 82 Manner of making award ..... 259 To be so made as to make taxation Awards subject to jurisdiction pro rata . . . . . . . . . . . . . . . . . . 85 of King's Bench . . . . . . . . . . . . 260 ASSESSMENT, officers of . . . . . . . . 81 King's Bench, powers of con- ASSESSMENT COMMISSIONER— cerning awards . . . . . . . . . . . . 261 APPLY for Judge's certificate when King's Bench, to receive awards no appeals against List of Elec- adopted by Council . . . . . . . . 261 tors. . . . . . . . . . . . . . . . . . . . . . 26 Time for moving against award 262 APPOINTMENT of . . . . . . . . . . . . . . . 81 Provisions to apply to all cases Assessment Roll, to produce at of appraisement of damages. . 262 Court of Revision . . . . . . . . . 20 Fixing amount payable for com- CERTIFY Assessment Roll, must . . 94 pensation. (See Compensation CLERK of Court of Revision, to act for Lands Taken, etc.) dS . . . . . . . . . . . . . . . . . -- Expropriation certificate of Judge CoMPELLING performance of duties may be registered . . . . . . . . . . 260 of . . . . . . . . . . . . . . . . . . . . . . . 94 AREA or openings, City may permit CoRRECTION of errors by . . . . . . . . . 96 construction of . . . . . . . . . . . . 174 DECLARATION to be made by . . . . . . 125 ARREARS of taxes. . t DUTIES of, generally, assessment.82 to 94 CoLUMN in collector's roll for. . 102 DUTIES of, generally, List of Elec- DISTRESS for (see “Collection of torS * * * * * * * * * * * * * * * 16 * Taxes,” “Distress.”) DUTIES of, generally, executions Statement of— against City . . . . . . . . . . . . . . 249 ſo District Registrar . . . . . . . . 117, 118 ERRORS in Roll, duties as to . . . . . . 96 Fees for . . . . . . . . . . . . . . . . . . . 108 HEARING OF APPEAL– Owner entitled to … . . . . . . . . . 107 Appointment for, to obtain . . . . 20, 99 When signed by Collector Or Notice of, to give appellant. . 19, 20, 100 Treasurer binding on City . . . . 108 Notice of: to give party appealed ASHES, by-laws respecting . . . . . . . . 207 against . . . . . . . . . . . . . . . . . . . . 21, 100 ASSESSMENT. (See also “Special LIST OF ELECTORs— Assessment.”) ... Preparation of, by, at elections. 16 BUILDINGs, how assessed . . . . . . . . 85 Preparation of, by, at voting on BUSINESS tax, for . . . . . . . . . . . . . 86, 90 by-laws © & * * g º e º ºs e º 'º º º 136 CLASSIFICATION, not void for wrong 95 MEANING of expression . . . . . . . . . 1. Companies of . . . . . . . . . . . . . . . . 89 OFFICER of Court to be, in cases of Exemptions from . . . . . . . . . ... 81,82 execution against the City. . . . 249 ForM, not invalid for defect in. . . . 95 NOTICE of Court of Revision, to give 100 LANDS of- f - PENALTy for neglect of duties by 94 Mode of . . . . . . . . . . . . . . . . . . 84, 85 PENALTY for refusal of office by . . 126 occupied * * * * * * * * * * * * e s ∈ e º e e 84 REMEDIES against Saved . . . . . . . . . 94 Several owners . . . . . . . . . . . . . . 84 RETURNS to Municipal Commis- Unoccupied . . . . . . . . . . . . . . . . 84 Sioner . . . . * * * * * * * is tº $ tº 102 Vacant . . . . . . . . . . . . . . . . . . . 85 TAx rolls, duties respecting . . . . . . 101 LOCALITY of . . . . * * * e º is e tº e º 'º & © e 92 To certify number of persons en- - NOTICE of . . . . . . . . . . . . . . . . . . . . . º titled to vote on by-laws. . . . . . 136 Date to be entered in roll. . . . . . 95 To make certain returns to Muni- PROPERTY liable to. . . . . . . . . . . . . . 81 cipal Commissioner . . . . . . . . . 102 º company (street) of, for S9, 90 To number complaints against as- Raº company éired), ixi” SeSSment . . . . . . . . 96 improvements . . . . . . . . . . . . 194, 195 ASSESSMENT ROLL– REAL property, (see & ſº Lands.”) Alterations 111 by Court of Re- Meaning of term . . . . . . . . . . . . 2 vision . . . . . . . . . . . . . . . . . . . 90 Assess MENT Commissioner to make 82 RENTAL value, capitalized ........ 86 97 IV. . INDEX. y • ** * PAGE. ASSESSMENT ROLL–Continued. BUSINESS tax for, contents and form of . . . . . . . . . . . . . . . . . . S3 CERTIFICATE on . . . . . . & © e º 'º tº e # e. e. 94 DECEASED persons, lands of, how assessed . . . . . . . . * & © tº tº $ tº e º e S3 DESCRIPTION of lands in . . . . . . . . . 83,92 ERRORS and omissions in, correction - of . . . . . . . . . . . . . . . . . . . . . . 90, 96 FoRM OF- & General Assessment Roll . . . . . . . 82 Business Tax Roll . . . . . . . . . . . S3 INQUIRIES to be made for purpose of 84 Nor invalid for defect of form in.. 95 PREPARATION of . . . . . . . . . . . . . . . 82, 90 REPORT of completion of . . . . . . . . 93 REVISION of (see Revision of As- sessment Roll). SIGNED by Assessment Commis- sioner, to be . . . . . . . . . 93 TIME of coming into force of.... 101 WHEN deemed finally revised. . . . . 16, 100 - - PAGE. ASSESSOR- - APPOINTMENT of . . . . . . . . . . . . . . 81 DECLARATION of office by . . . . . . . . 125 ENQUIRIES to be made by . . . . . . . . 84 SUSPENSION of . . . . . . . . . . . . . . . . 81 To be under control of Assess- ment Commissioner . . . . . . . . . 81 ASSIGNMENT of certificate of sale of lands for taxes . . . . . . . . . . 114 ASSINIBOINE River, sewers on banks of, regulations as to... 182 IB BAGATELLE tables, by-laws respect- ASSINIBOINE water power, powers respecting . . . . . . . . . . . . . . . 196 to 198 ATTORNEY, costs of salaried .... 126 AUCTIONEERS, by-laws respecting 224 AUDIT- g ACCOUNTS of . . . . . . . . . . . . . . . . . 156, 160 Books and accounts of Comptroller of . . . . . . . . . . . . . . . . . . . . . . . 160 GENERALLY . . . . . . . . . . . . . . . .156 to 160 AUTOCARS, by-laws respecting. . . . 202 e AWARD, see “Arbitration.” ing . . . . . . . . . 223 BALLOT- ELECTIONs to be by.... e s e º ºs e e e 39 MACDONALD voting machine may be substituted for at elections 6S MACDONALD voting machine, voting on by-laws, at . . . . . . . . . . . . 142 VOTING on by-laws to be by.... 134 BALLOT boxes, City to bear cost of 13, 14 CLERK to furnish . . . . . . . . . . . . . 13, 14 CoNSTRUCTION of . . . . . . . . . . . . . 14 DEPUTY returning officer to pro- cure, if not furnished . . . . . .... • * 14 DISPOSITION of . . . . . . . . . . . . . . 14 MODE of dealing with at poll, ... 39 OPENING after poll. . . . . . . . . . . . 43 OPENING by returning officer . . . . . 46 PENALTY for non-supply of... . . . 14 RETURN of * * * * * e s e e º e º e 45 BALLOT PAPERS– CANCELLED . . . . . . . . . tº e s tº e g 43 CLERK to furnish . . . . . . . . . * * * * 14 CountrNG of . . . . . . . . . . . . . . . . . . 43 DIFFERENT sets for Mayor and Aldermen . . . . . . . . . . . . . . . 15 BALLOT PAPERS–Continued. DISPOSITION OF– After election concluded . . . . . . 49 Close of poll, at . . . . . . . . . . . . . 44, 139 ExPENSE of, City to bear . . . . . . 14, 132 FoRM OF– * Elections, for . . . . . . . . . . . . . . 15 Voting on by-law, for . . . . . . . . 132 INITIALED by deputy returning offi- cer, to be . . . . . . . . . . . . . . . . 40 INSPECTION of, Judge's order re- quired for # tº e º e º 6 & 49. MARKING of . . . . . . . . . . . . . . . . . 41 Incapacity in case of . . . . . . . . . . 42 NAMES of candidates, how ar- ranged on . . . . . . . . . . . . . . . . 14, 15 OFFENCES respecting . . . . . . . . . . . 53 RECEIPT of, evidence of voting. . . 37 RECOUNT OF- Elections at . . . . . . . . . . . . . . . 50 Voting on by-laws at . 141 RETURN of . . . . . . . . . . . . . . . . . . . 45, 138 SPOILT before voting, issuance of duplicate s e º ºs e e º 'º e s e 43 BANKS of rivers, by-laws re- Specting . . . . . . . . . . . . . . . . 226 BARBED-WIRE fences, by-laws re- - Specting . . . . . . . . 208 INDEX. V gº FAGE. g PAGE, BATH, public, establishment of... 211 || BLASPHEMOUS LANGUAGE, by- BATHING in public, by-laws re- laws respecting . . . . . . . . s & e s 211 specting . . . . . . . . . . . . 212 | BOILERS, by-laws respecting ..... 207 BATHING place, debentures for BONDS— construction of . . . . . . . . . 211 GUARANTEE Company's may be ac- BEAMS and joists, by-laws respect- cepted . . . . . . . . . . . . . . . 128 - ing . . . . . . . . . . . . . . . . . . . . 204 OF City, execution of . . . . . . . . . . . 156 BEGGARS, by-laws respecting . . . .211, 221 OF City, Treasurer to receive for BEGGING, common, by-laws to pre- safe keeping . . . . . . . . . . . . . . . 80 vent .... . . . . . . . . . . . . 221 OF officers, surety ship . . . . . . . . . . 128 BELLS- BONUS, see “Aid.” () Horses in harness in winter to 220 | BOOKS, (see also “Poll Book”)— have . . . . . . . . . . . . . . . . . . . . . 220 CITY of . . . . . . . . . . . . . . . . . . . . 156 to 161 RINGING of, by-laws to prevent. . . . 221 LEWD, suppression of... . . . . . . . . . 211 SLEIGH, by-laws respecting . . . . . . 220 WITH HOLDING . . . . . . . . . . . . . 79 SLEIGH, two at least necessary . . . . 239 | BOOTHS, by-laws respecting . . . . . 221 BICYCLE PATH S- - BORROWING MONEY__ BICYCLEs of visiting wheelmen AsseNT of ratepayers when neces- exempt from tax . . . . . . . . . . . 244 sary for . . . . . . . . . . . . . . . . . . 147 BY-LAWs respecting. . . . . . . . . . . . 202, 241 BY-LAws for . & e & e º e s tº 8 tº * * 147 CoNSTRUCTION of to be made by By-LAws for, proportion of rate- day labor . . . . . . . . . . . . . . . . . 244 payers necessary to carry . . . . 148 f CYCLE Path Board, its powers, etc. 241 CITY may borrow to extent of last DAMAGES may be recovered for year's taxes levied . . . . . . . . . 147 wrongful acts . . . . . . . . . . . . . . 246 CURRENT expenditure for . . . . . . . . 147 ESTABLISHMENT of system of . . . . 241 LIMIT of power for . . . . . . . . . . . . 147, 193 LIMITATION of actions in respect of 245 LOCAL improvements for . . . . 147 OFFICERs, etc., of Board ea officio PUBLIC work for . . . . . . . . . . . . . . 147 constables . . . . . . . . . . . . . 245 WATER supply for . . . . . . . . . . . . . 147 PATHS to be constructed on parts BOULEVARDS, protection of . . . . . 220 of street set apart therefor . . 244 || 130UNDARIES- PENALTIES for certain acts . . . . . . 245 UI, City . . . . 3,4 Police of City to enforce provi- OF wards . . . . . . . . . . . . . . . . . . . . 4 to 7 Sions relating to . . . . . . . . . . . . 244 | BOWLING ALLEYS, by-laws re- PROTECTION of Board same as jus- Specting . . . . . . . . . . . . . . . . . . 224 tices of the peace . . . . . . . . . . 245 || 3 READ– REcovery of penalties . . gº 245 BY-LAws respecting . . . . . . . . . . . . 212, 215 “RULE of the Road” on . . . . . . . . 244 WEIGHT of, by-laws respecting. . . 215 TREASURER to keep separate ac- BRIBERY, a corrupt practice . . . . . . 64 count books for funds of . . . . 244 || BRIDGE (see also “Highway ”)— TREASURER to receive moneys re- AcRoss the Red River . . . . . . . . . . . 246 lating to . . . . . . . . . . . . . . . . . 244 AID for . . . . . . . . . . . . . . . . . . . . . 222 BICYCLES, by-laws respecting 202 AID to adjoining municipality for. 222 BILL BOARDS, SIGN POSTS, BY-LAws as to— etc., removal of . . . . . . . . . . . . 219 Construction of, for . . . . . . . . . . 173 Bll,LIARD TABLES, by-laws re- Driving over respecting . . . . . . . 202 g specting . . . . . . . . . . . . . . . . . . 223 CoST of, Council may assume part BILL POSTERS, by-laws respecting 225 of . . . . . . . . . . . . . . . . . . . . . . . 184 BIRDS, destruction of, by-laws re- DRIVING on, preventing racing, etc. 202 specting . . . . . . . . . . . . . . . . . . 201 JURISDICTION over, vested in City. 231 B1RTHIS, endorsement as to, on tax Local improvement by-laws re- notices . . . . . . . . . . . . . . . . . . . 103 Specting . . . . . . . . . . . . . . . . . . 173 VI - INDEx. - * º PAGE. BRIDGE–Continued. - PoSSESSION of . . . . . . . . . . . . . . . . 231 REPAIR of, to be made by City. ... 231 REPAIR of, liability for . . . . . . . . . . 231 SALE of to Railway Company, con- ditions of . . . . . . . . . . . . . . . . . 228 SURVEY for location of . . . . . . . . . 229 BROOKSIDE CEMETERY, includ- ed in City limits . . . . . . . . . . . . 4 BUILDING LINE, regulations as to 204 BUILDING LOTS, sub-division of . land into . . . . . . . . . . . . . . . . 262 BUILDINGS- - ASSESSMENT of, to be at actual value . . . . . . . . . . . . . . . . . . . . 85 CONSTRUCTION of, by-laws respect- ing. . . . . * * * * * e s e e . . . .203, 204 DAMAGEs caused to, by City inter- * fering with . . . . . . . . . . . . . . 262 LEEMED real estate . . . . . . . . . . . . S5, EXPROPRIATION of, proceedings for valuing. . . . . . . . . . . . . . . . . 250 to 256 FIRE, protection against . . . . . . . . . 205 INSPECTOR of . . . . . . . . . . . . . . . . 204 LANDS for, acquisition of . . . . . . . . 251 NUMBERING of . . . . . . . . . . . . . . . . 199 PLANs of, by-laws respecting . . . . 204 REMOVAL of, along streets . . . . . . . . 219 STREET line, construction on . . . . 204 UNSAFE, by-laws respecting . . . . . . 203 UNSANITARY, by-laws respecting. . 239 BURNING TREES, etc., in open air, by-laws respecting . . . . . . . . . . 207 BUSINESS TAX, mode of assess- ment for . . . . . . . . . . . . . . . . . . 83 REVISION of assessment roll for... 83 BUSINESS TAX ROLL, general provisions . . . . . . . . . . . . . . . . 83, 84 REVISION of . . . . . . . . . . . . . . . . . 83 To be separate from general assess- ment roll . . . . . . . . . . . . . . . . 83 BUTCHER SHOPS, STALLS, etc., by-laws respecting . . . . . . . . . . 224 BY-LAWS, advertisement of not re- quired when . . . . . . . . . . . . . . 177 AID granting . . . . . . . . . . . . . . . . 161 AID granting, security may be re- quired under . . . . . . . . . . . . . . 161 AMENDMENT of— Debts created under, in case of... 150 AMENDs, tender of, for acts under illegal by-law . . . . . . . . . . . 146 ANIMALS, respecting . .209, 210, 213 to 215 PAGE. BY-LAWS–Continued Assessing costs of local improve- nTelltS . . . . • e e s e e s sº e º 'º e º 173. AUTHENTIFICATION of . . . . . . . . . . 129 AWARDS, adoption of, by . . . . . . . . 261 Bonds, debentures, etc., for taking up old debts, etc. . . . . . . . . . . 150 BREACH of :— Convictions for, form of . . . . . . 266 Prosecutions for . . . . . . . . . . . . . 264 Punishment for . . . . . . . .226, 227 Who may try complaints for... 267 Witnesses to, procuring attend- ance of . . . . . . . . . . . . . . . . . . 265 BRIDGEs, respecting (see ‘Bridge.”) CEMETERIES, respecting . . . . . . . . . 196, 199 CEMETERIES, acquiring land for... 196, 199: CENSUs, for taking . . . . . . . . . . . . 199 CHARITABLE institutions, aid to... 200. CITY, special powers respecting. 198 to 229 CLERK :— - Appointment of, for . . . . . . . . . . 79 Custody of, to have . . . . . . . . . . 79 CONFIRMATION of . . . . . . . . . . . . . . 144 CoNTINUANCE of certain . . . . . . . . 8, 130 CoPIEs of, when received as evid- ence . . . . . . . . . . . . . . . . . . . . 130. CoRRUPT practices respecting, in- quiries in case of . . . . . . . . . . 145 CouncIL :— Fixing place of meeting of, for. 75, 77 Passing of, after assent of rate- Day CIS . . . . . . . . . . . . . . . . . . . 144 CUSTODY of . . . . . . . . . . . . . . . . . . 79 DEBENTUREs under (see Deben- tures). - DEBTs (see also “Borrowing Money,” “Debts.”)— Assent of ratepayers, when re- quired . . . . . . . . . . . . . . . . . . . 147 Authorizing creation of . . . . . . . 147 Objects to which limited . . . . . . 148 Recitals in . . . . . . . . . . . . . . . . . 149 Repeal of, not allowed until whole debt and interest paid. . 149 Repeal of, when part only of principal raised . . . . . . . . . . . . 149 Terms of:— Instalments, for payment by... 149 To take up .old bonds, deben- tures, etc. . . . . . . . . . . . . . . . . . 150 DISTRESS for taxes, authorizing... 104 DRAINAGE, for . . . . . . . . . . . . . . . . 147, 173 INDEx. - . . . vir $ 2 PAGE. PAGE. BY-LAWS-Continued, E BY-LAWS-Continued. ELECTION, appointing time and PASSING after assent of ratepayers 144 place of holding . . . . . . . . . . 10 POLICE Commissioners . . . . . . . . . . 269 ENFORCEMENT of provisions of .. 226 || POLICE Magistrate, enforcement of, EVIDENCE of . . . . . . . . . . . . . . . . . . 130 * by . . . . . . . . . . . . . . . . . . . . . . . 267 ExEMPTION from taxation, for... 16I PoWIRS of Council to be exercised FARM produce, not to prevent free by . . . . . . . . . . . . . . . . . . . . . . 128 selling of . . . . . . . . . . . . . . . . 227 PRINTED copies, when received in FENCES, respecting . . . . . . . . . . . . . . 208 evidence . . . . . . . . . . . . . . . . . . . 130 FERRIES, respecting . . . . . . . . . . . . . 226 PROMUL.GATION of . . . . . . . . . . . . . 144 FIRE, for protection from...203, 205 to 208 PROPERTY respecting ... . . . . . . . .... 200 GENERAL powers respecting . . . .226, 227 PUBLIC comfort, for . . . . . . . . . 202 to 208 HOW executed . . . . . . . . . . . . . . . . 129, 130 PUBLIC health, respecting . . . . . . . . 211 How verified when approval of PUBLIC library, respecting . . . . . . 188,226 Lieut.-Governor required . . . . 130 PUBLic order, for . . . . . . . . . . . . . 211 ILLEGAL, action for act under ... 146 PUBLIC safety, for . . . . . . . . . . . . . 202 INDIGENT persons, aid to . . . . . . . . 200 PUBLIC work, to create debt for... 147 INDUSTRIES, exempting from taxa- QUARRY, acquiring land for . . . . . 200 tion. . . . . . . . . . . . . . . . . . . . . 161 QUASHING:— INJURY to property, for preventing 210 Application for and proceed- INSTALMENTS, for , payment of ings thereon . . . . . . . . . . . . . . 145 taxes by . . . . . . . . . . . . . . . . . . 103 Corrupt practices, when passed INVESTMENT of funds, for . . . . . . 153 by means of . . . . . . . . . . . . . . 145 JURISDICTION, general, as to . . . . . . 129 Grounds for . . . . . . . . . . . . . . . . 145 JUSTICE of the Peace, jurisdiction Limiting time for . . . . . . . . . . . . . 145 to enforce . . . . . . . . . . . . . . . . 267 RATEPAYERS:— + - LAND, for acquiring and disposing Assent of, when necessary ... 147, 161 of . . . . . . . . . . . . . . . . . . . . . . 200 Objections of, to . . . . . . . . . . . . 130, 131 LEVY of rates, etc. . . . . . . . . . . . .150, 151 Reference to . . . . . . . . . . . . . . . . 131 LICENSES (see “Licenses.”) - RATES, for levying (see “Rates.”)— LIEUT.-GOVERNOR, requiring assent RATES, water, for collection of .. 277 of. . . . . . . . . . . . . . . . . . 130, 149, 228 REGISTRATION of . . . . . . . . . . . . . . 230 LIGHTING of streets, etc. . . . . . . . . 220 REPEAL OF :— | LOCAL improvements for (and see - Debts authorizing . . . . . . . . . . . 149, 150 “Special Assessment”) . . .173 to 188 Generally . . . . . . . . . . . . . . . . . . 128 LOCAL improvements for, not in- RETURNING officer, appointing . . . . 11 valid for providing for lower SALE of lands for taxes, fixing rate of interest than advertised 176 place of . . . . . . . . . . . . . . . . . 110 MAY be made applicable to whole STREETs, respecting e tº e º s 195, 198, 202, 219 or part of City . . . . . . . . . . . . 227 To be signed and sealed . . . . . . . . 129, 130 MAYOR, powers of, to enforce. . . . 78 TRADES, respecting various . . . . . . 222 MORALITY, to secure . . . . . . . . . . . . 211 TREASURER, affecting . . . . . . . . . . . 80, 81 NOMINATIONS, appointing place for 12 TREES, respecting . . . . . . . . . . . . . 210 OBJECTION of ratepayers to— VETO of . . . . . . . . . . . . . . . . . . . . 78 Effect of . . . . . . . . . . . . . . . . . . . 131 || Violation of graves, to prevent... 199 Mode of ... ... ... ....... is vºº gº ºvoirs on by OFFICERS, duties of, prescribing... 200 aw S. J tf Remuneration of, fixing . . . . . . . 127, 201 wº º ply (see “Water Sup- Respecting . . . . . . . . . . . .200, 201 WATERWORKs, for management of 276 Security of, prescribing . . . . . . . . 201 || BYRES, cows, by-laws respecting. . 213 VIII INDEX. C t PAGE. CAB-DRIVERS– BY-LAws respecting . . . . . . . . . . . . 225 SHELTER for . . . . 221 To be licensed . . . . . . . . . . . . . . . . 225 CABS, by-laws respecting . . . . . . . . . 225 CANADA. THISTLE- BY-LAWS respecting . . . . . . . . . . . . 201 INSPECTOR, with power to destroy 201 CANDIDATE– AGENT may undertake duties of . 53 CoRRUPT practices of:— Disqualification for . . . . . . . . . . 67 Judge to report . . . . . . . . . . . . . . 67 ExPENSEs of, what are lawful . . . . 66 NAME of:— - Arrangement of, on ballot paper 14, 15 Posted up, to be . . . . . . . . . . . . 13 NoMINATION of . . . . . . . . . . . . . . . . 12 OBJECTIONs of:— Ballot paper to . . . . . . . . . . . . . . 43 Votes to . . . . . . . . . . . . . . . . . . . . 40 Poll.ING place, may be present at. . 39 RECount of votes, may be present at . . . . . . . . . . . . . . . . . . . . . . 50 RESIGNATION of . . . . . . . . . . . . . . . . 13 VACANcy caused by unseating for want of qualification, person unseated not to be for . . . . . . º 63 CAPITALIZED RENTAL VALUE, method of calculating . . . . . . 86 CARCASSES OF ANIMALS, by- - laws respecting . . . . . . . . . . . . 217 CARRIAGES, by-laws respecting . . 225 CASTING VOTE– | By-LAws, none allowed in case of Vote On . . . . . . . . . . . . . . . . . . 140 MEETING of Council, at . . . . . . . . . 76 RETURNING officer of:— Election at . . . . . . . . . . . . . . . . 46, 47 Recount after . . . . . . . . . . . . . . . 52 CATTLE- e BY-LAws respecting . . . . . . . . . . . 209, 210 INJURY done by in trespassing, damages . . . . . . . . . . . 210 INSPECTION of . . . . . . . . . . . . . . . . 214, 215 KEEPING, of . . . . . . . . . . . . . . . . . . . 214 UNSLAUGHTERED dead, seizure, of... 213 CATTLE-GUARDS, by-laws respect- ing . . . . . . . . . . . . . . . . . . . . . 204 PAGE. CAUSEWAY, by-law to contract debt for . . . . . . . . . . . . . . . . . 147 CELLARS– BY-LAws respecting . . . . . . . . . . . 204, 216 LEVELS of . . . . . . . . . . . . . . . . . . . . 204 CLEARING, etc., of 216 CoNSTRUCTION of . . . . . . . . . . . . . . 216 CEMETERIES- •. By-Laws respecting . . . . . . . . . . . . 196, 199 BY-LAWS acquiring land for . . . .196, 199 POWER to acquire sites for. . . . . . 196, 199 VIOLATION of, by-laws to prevent. 199 CENSUS, by-laws respecting . . . . . . 199 CERTIFICATE - * ASSESSMENT roll on . . . . . . . . . . . . 94 DEBENTURES, of ownership of . . . . . 155 DECLARATION of incapacity to mark ballot of . . . . . . . . . . . . . . . . . . 42 EXPROPRIATION of, may be regis- tered . . . . . . . . . . . . . . . . . . . . 260 JUDGE of, on election petition. . . . . 59, 60 INDEBTEDNESS, duties of Treasurer as to . . . . . . . . . . . . . . . . . . . . 160 PLANs, of City Surveyor on. . . . 262 POLL, of state of . . . . . . . . . . . . . . . 46, 139 REDEMPTION of . . . . . . . . . . . . . . . 116 REDEMPTION of, to be in duplicate 117 VOTING on . . . . . . . . . . . . . . . . . . . 46, 139 SALE of land to City (taxes).... 112 SALE of land to third party (taxes) 113 TITLE of, for lands sold for taxes when to issue . . . . . . . . . . . . . . . . 119 CESSPOOLS, by-laws respecting.216, 217 CLEARING, etc., of . . . . . . 217 CONSTRUCTION of . . . . . . . . . . . . . . 216 CHAIRMAN– g CouncIL, at meeting of . . . . . . . . . 75 NOMINATION, at meeting for. . . . . 12 CHARITABLE INSTITUTIONS AID to, by-law respecting . . . . . . . . 161 DIRECTORS, etc., of, may not enter into contracts when institution interested . . . . . . . . . . . . . . . . 247 CHARITY and charitable institu- - tions ,by-laws respecting . . . . . 200 CHARIVARIES, by-laws for pre- venting . . . . . . . . . . . . . . . . . . . 221 CHILDREN, by-laws respecting . .201, 202 AccIDENTs to, for preventing.... 201,202 INDEX. XI " * PAGE. / PAGE. CHILDREN-Continued. - CITY-Continued. CIGARs and tobacco, for prohibit- RATES in, limit of . . . . . . . . . . . . . . 151 ing sale of, to . . . . . . . . . . . . . 226 SALE, exchange and lease of lands CURFEW-BELL, as to . . . . . . . . . . . . 202 purchased at tax sale by. . . . . . 112 CHIMNEY INSPECTOR, appoint- SEWERS in, construction of ... .. 173 ment of . . . . . . . . . . . . . . . . . . . 207 SHARE of cost of certain improve- CHIMNEY-SWEEPS, by-laws re- ments. . . . . . . . . . . . . . . . . . . . . . 184 Specting . . . . . . . . . . . . . . . . . . 207 SPECIAL assessment in, for local CHIMNEYS- improvements . . . . . . . . . . . . . . . 173 BY-LAWS respecting . . . . . . . . . . . . 207 SPECIAL provisions relating to... .173–188 SWEEPING of . . . . . . . . . . . . . . . . . . 207 TRANSACTIONS with; in certain INSPECTOR of . . . . . . . . . . . . . . . . . 207 cases not to disqualify members CHURCHES- - - of Council . . . . . . . . . . . . . . . . . . . 8, 9 BY-LAWS respecting . . . . . . . . 204 || WARDS, divisions of, into . . . . . . . . 5–7 ExEMPTION from taxation ... .... 82 WATER Works (see “Water- CIGARETTES, licensing sale of... 226 works, City.”) CIGARS, licensing sale of . . . . . . . 225 WATER supply of \ 271 CIRCUSES, by-laws respecting 223 supply or . . . . . . . . . . . . . . . CITY-- CITY CLERK- ANNUAL rate, limit of, in . . . . . . . . . is Acting, appointment of ... ... 79 ARBITRATION and expropriation in - ANNUAL returns of, to Municipal case of . . . . . . . . . . . . . . . . . . 249 Commissioner. . . . . . . . . . . . . . . 80 AREA of . . . . . . . . . . . . . . • * * * * * * * 3, 4 APPOINTMENT of . . . . . . . . . . . . . . . 79 BORROWING powers of, for local BY-LAWS to be signed by . . . . . . . 130 improvements . . . . . . . . . . . . . . 184 DECLARATION of office by . . . . . . . . 125 CLERK of, (see “City Clerk.”) DUTIES of:— CoNSTABLEs in, appointment, etc., By-laws, voting on (see “Vot- of . . . . * * * * * * * * * * * * * 270 ing on By-laws.”) CoRPORATE name of . . . . 3 Elections respecting (see “Elec- CouncIL of, composition of . . . . . 8 tions.”) - DEBENTURES of time of payment of 148 Executions against City, respect- INCORPORATION of . . . . . . . . . . . . * * 3 ing. . . . . . . . . . . . . . . . . . . . . . . 249 LANDS of, exempt from taxation. S1 Generally . . . . . . . . . . . . . . ... . . . 74, 75 LIABILITY of:- Manitoba Gazette, to keep on file 209 Sale of land for taxes, upon... 115 Meaning of term ‘. . . . . . . . . . . . 1, 2 Treasurer's or Collector's state- Records, inspection of office. . . 79 ment of arrears of taxes. . . . 10S To be of full age, etc. . . . . . . . . S1 LIABLE for acts under illegal by- . Cl.ERK–(See also “City Clerk.”) law . . . . . . . . . . . . . . . . . . . . . . . . 146 PolſcE Court (see “Police Court.”) MAY construct. gas and electrical Poll (see “Poll Clerk"). works.... … ...... ...... ise, les | CQAL, by laws as to weighing. . . 216 e - j COAL, OIL, etc., storing, etc., of.. 208 MAY assign application for land COLLECTION OF TAXES- sold for taxes . . . . . . . . . . . . . . . . 120 GENERAL. . . . . . . . . . . . . . . . . . . . . 102 MAYOR of, (see “Mayor.”) * COLLECTOR- MEANING of term ... . . . . . . . . . . . 1 APPOINTMENT of . . . . . . . . . . . . . . 102 POLICE Constables, appointment DUTIES and powers of . . . . . . ... 102-108 of in . . . . . . . . . . . . . . . . . . . . . . . . gro Executions against City, duties POWERS of, to be executed by wº respecting . . . . . . . . . . . . . . . . 249 e AY make searches at Registry Council. . . . . . . . . . . . . . . . . . . . 8 Office. . . . . . . . . . • * * * * * * * * * * * 102 PURCHASE of land at tax sales by 111 REFUSAL of office by, penalty for. 126 PURCHASE money for lands ex- - RIGHT to search records of Land propriated, liability of, for.... 252 Titles Office, etc.............. 102 INDEX. COMBUSTIBLES, by-laws respect- - ing.. COMMERCIAL TRAVELLERS, by-laws respecting . . . . . . . . COMMISSIONER—(See Muni- cipal Commissioner.”) & ſº tº e º 'º e º e º 'º & © e º e º 'º ASSESSMENT, for City . . . . . . . . . . ASSINIBOINE water power, re- specting . . . . . . . . . . . . . . . . . . . . County Judge investigating charges to have powers of... . FINANCEs, of inquiry into. . . . . . . FIRE, for City . . . . . . . . . . . . . . . . . . MUNICIPAL (see “Municipal Com- missioner.” POLICE . . . . . . . . . . . . ROAD, appointment of COMMITTEE – COUNCIL of . . . . . . . . . .... • - - - - - - - - - COMMON SEAL, powers respect- ing COMMON SEWER, rent for using, by-laws respecting COMPANIES- ASSESSMENT of DISTRESS of property of, for un- paid taxes FIRE GUARANTEE, bonds of, as security INCORPORATED, rights of certain saved. . . . INSURANCE, by-laws respecting. . . NOT to be assessed by way of cap- italized rental value TELEPHONE and telegraph, liable to be assessed for offices and other premises TO PAY local improvement assess- ments COMPENSATION.— DAMAGES, for :— Alteration of streets . . . By-laws, for acts under illegal Glandered horses destroyed for LANDs expropriated, for:— City to make PROCEDURE to ascertain For lands taken or injured — Owners to be compensated by City. . . . . . . . . • * * * * * Limitation of claims for tº $ tº dº º te e º ºs e º ſº e º e tº e º e s tº e º º s & e s e º e is e e s is e º e º º º tº e g º e º e º 'º º PAGE. 208 224 81 197 263 154 198 268 200 77 201 89, 90 91 198 12S 162 224 90 e tº a tº e º tº ſº tº 90 90, 91 195 146 213 249 . 249–263 COMPENSATION.—Continued. City may file plans, etc., with clerk. . . . . . . . . . . . . . . . . . . . . 250 Notice of the work intended by City. . . . . . . . . . . . . . . . . . . . . 250 Service of on residents...... 250 Service on non-residents. . . . 250 Time within which claims to be made . . . . . . . . . . . . . . . . . . . 250 Extension of, where persons reside out of Manitoba. . . . 250 Claims barred if not filed within time limited . . . . . . . . . . . . . . . . a 250 Arbitration to determine claims filed. . . . . . . . . . . . . . . . . . . . . 250 Particulars to be delivered. . . . . 251 Claims not barred for insuf- -- ficient plans, etc. . . . . . . * * * * * * 251 Tender of, effect of on costs. . . 251 Expropriation powers of City... 251. Absent owners, in cases of. . . . . 252 Conveyances by tenants in tail, etc. . . . . . . . . . . . . . . . . . . . . . 252 Where no person to convey, ap- pointment by judge . . . . . . . . 252 Purchase money, application of where person conveying has no absolute estate . . . . . . . . . . . 252 Sum paid to stand in place of lands taken . . . . . . . . . . . . . . . . 252 In cases of expropriation. . . . . . 253 Incumbrances converted into claims to the money. . . . . . . . 253 May be paid into Court. . . . . . . 253 Payment into Court, notice of.. 254 Costs, witness fees, etc. . . . . . . . 254 Judgment bars all claims: . . . . . 254 Deposit of price to vest title in City. . . . . . . . . . . . . . . . . . . . . 259 Incumbrances, discharge of.... 260 COMPLAINTS against assessment roll, (see “Revision of As- .sessment Roll.”) * COMPTROLLER— * ACTING. . . . . . . . . . • * * * * * * * * * * * 159 APPOINTMENT of . . . . . . . . . . . . . . . 156 AUDIT of accounts of . . . . . . . . . . . 160 DUTIES of . . . . . . . . . . . . . . . . . . . . 156-159 OATH of office of . . . . . . . . . . . . . . 125, 156 PRESENT, continued . . . . . . . . . . . . . 161 SECURITY of . . . . . . . . . p a s a s e e s is e e 156 To AUDIT accounts of Water Commissioners. . . . . . . . . e s e e s 287 PAGE. INDEX. XI When may be made PAGE. - * * PAGE. COMPUTATION OF TIME – CONTROVERTED elections—Comt. EFFECT of holiday on ............ 2 ELECTION Court:— - CONSOLIDATION of debenture Accommodation for .......... 62 debt . . . . . . . . ... . . • e s e e 193 Constables, et al., to assist. ... 62 CONSOLIDATION of amounts re- ELECTION petition:— .* 4 quired by local improve- Abatement of . . . . . . . . . . . . . . . . 61 - ment by-laws . . . . . . . . . . . . 185 County Judge to be presented to 57 CONSTABLE –(See also “Police Election to be questioned by... 56 Force.”) - Grounds for . . . . . . . . . . . . . . . . . 56, 57 APPOINTMENT of . . . . . . . . . . . . . . . 200, 270 Issue, when to be at . . . . . . . . . . 58 DECLARATION of office by. . . . . . . . 125, 270 Limit of time for presenting... 57 ELECTION Court, to assist . . . . . . 62 - Presentation of . . . . . . . . . . . . . . 57 ELECTIONS, at:- Service of . . . . . . . . . . . . . . . . . . . 57 Penalty for refusal to be sworn Withdrawal of . . . . . . . . . . . . . . . 60, 61 aS . . . . . . . . . . . . . . . . . . . . . . . 12 EVIDENCE . . . . . . e e is a tº e º 'º e º is tº $ tº 59, 60 Polling place, may be present at 39 Election of person for whom i. Returning officer or deputy to be 12 office claimed, against . . . . . . 59 Special, appointment of . . . . . . . 12, 28 Rules of . . . . . . . . . . . . . . . . . . . ... • 62 REMUNERATION of . . . . . . . . . . ... . 270 Viva voce on charge of corrupt REMOVAL of . . . . . . . . . . . . . . . . . . . . 201 practice, to be given . . . . . . . . 66 SUSPENSION of . . . . . . . . . . . . . . . . . 270 JUDGE:— CONTAGIOUS diseases, by-laws Certificate of decision of . . . . . . 58 respecting . . . . . . . . . . 216 Powers of . . . . . . . . . . . . . . . . . . . 58, 62 CONTRACTS NEW election after unseating. . . . 62 DISABILITY, by parties under, as - Qualification, when for want of to lands . . . . . . . . . . . . . . . . . . . . . 252 party not be candidate at . . . . 63 EXISTING, continued . . . . . . . . . . . . 3 PETITIONER:— CITY may, make . . . . . . . . . . . . . . . . 3 Substitution of new, on death. . 60 CITY, with, interest of member of Substitution of new, on with- council in :- drawal . . . . . . . . . . . . . . . . . . . 60 Disqualification, a ground of.. 9 Who may be . . . . . . . . . . . . . . . . . 57 Exception. . . . . . . . .8, 9, 283 PROCEDURE generally 56-64 Penalty for . . . . . . . . . . . . . . . . 9 RESPONDENT, who may be . . . . . . . 57 Void, renders them . . . . . . . . . . 247 SECURITY of costs . . . . . . . . . . . . . . 57 CONTROVERTED elections. . . . . 57 Effect of not giving proper.... 58 ACTS of unseated member not void 63 Objections to . . . . . . . . . . . . . . . . 58 APPEALs . . . . . . . . . . . . . . . . . . . . . . 64 SUBSTITUTION of new petitioner, CORRUPT practice, charge of... . . . 56, 57 Oil . . . . . . . . . . . . . . . . . . . . . . . 60 Effect of unseating for . . . . . . 66, 67 TRIAL :— Who deemed guilty of . . . . . . . . 65, 66 Adjournment of . . . . . . . . . . . . . 58 Evidence on . . . . . . . . . . . . . . . . . 59, 66 Open court, to be in . . . . . . . . . . 58 Report on . . . . . . . . . . . . . . . . . . . 59 Place of . . . . . . . . . . . . . . . . . e e 58 Costs:– Respondent being out of office Disclaimer, in case of . . . . . . . . 64 not to prevent . . . . . . . . . . . . . . 59 Judge may order payment of.. 64 Several respondents, in case of 58 Scale of . . . . . . 61, 64 WITNESSES:— Security for . . . . . . . . . . . . . . . . . . 57 Attendance of, procuring. . . . . . 59 Withdrawal of petition, on.... 61 Examination of . . . . . . . . . . . . . . 59 DISCLAIMER by candidate:— Fees of . . . . . . . . . . . . . . . . . . . . . . 59, 60 Costs in case of . . . . . . . . . . . . . 64 Incriminating evidence, not ex- Mode of . . . . . . . . . . . . . . . . . . . . . (33 cused from giving . . . . . . . . . 59 * * * * g e g tº e & 63 Protection in case of . . . . . . . . . 59 xii INDEX. e PAGE. . CONVICTIONS, under by-laws, form of . . . . . . . . . . . . . . . . 266 CORDWOOD, measuring of, by- laws respecting . . . . . . . . . . 216 CORPORATIONS CONTRACTS by, respecting lands. 252 RIGHTs of certain preserved. . . . . 162, 169 CORRUPT PRACTICES.– - CoPIEs of sections relating to:— Deputy returning officers, to be furnished to. . . . . . . . . . . . . . . 68 Posting up of . . . . . . . . . . . . . .. . 6S DENIAL of, in voter’s oath... . . . . 38 DISCLAIMER not allowed in case of 63 DISQUALIFICATION for . . . . . . . . . . 66 ELECTION petition, a ground of... 56, 57 EVIDENCE of:— Viva voce, to be taken. . . . . . . . 66 Witnesses may be compelled to give incriminating . . . . . . . . . . 59 INTIMIDATION included under term 66 . LIMITATION of time for taking proceedings for . . . . . . . . . . . . . . 67 MEANING of term . . . . . . . . . . . . . 64-66 PENALTY for:- Accomplice, prosecution of, re- lieves from . . . . . . . . . . . . . . . . G7 Candidate, by . . . . . . . . . . . . . . . . 66 Generally. . . . . . . . . . . . . . . . . . . S7, 68 Recovery of . . . . . . . . . . . . . . . . 67 QUASHING by-laws for . . . . . .e. e. e. e. 145, RECORD of persons found guilty of 67 REPORT on trial of charge of..... 67 WHO deemed guilty of . . . . . . . . . . 65, 66 COSTS- ARBITRATION of :— Arbitrators may award. . . . . . . . 257 Award not adopted, when . . . . 261. Tender of compensation, on non-acceptance of . . . . . . . . . . 251 COMMISSION of inquiry of . . . . . . - 154 DISCLAIMER of seat, on . . . . . . . . . 64 ELECTION petition, on (see “Con- troverted Elections.”) PENALTY, on prosecution for.... 226 Distress for . . . . . . . . . . . . . . . . . . 227. QUASHING by laws, of applica- tions for . . . . . . . . . . . . . . . . . . . . . 146 RECOUNT of votes, on :- By-laws, on . . . . . . . . . . . . . . . . . . 142 Elections, at . . . . . . . . . . . . . . . . . 50 SECURITY for (see “ Security for Costs.”) COSTS-Continued. TENDER of amends, on :- - Illegal by-laws, etc., for act done under . . . . . . . . . . . . . . . . 146 Negligence, in action for . . . . . 247 COUNCIL– COMMITTEES, of . . . . . e tº e s e º e s e s a 77 Meetings of, may be closed. ... 75 COMPOSITION of . . . . . . . . . . . . * e - 8 CoNSTABLEs, appointment, etc., of by . . . . . . . . . . . . . .. . . . . . . . . . . 200, 270 CONTINUING body, to be a....... S CORPORATE powers, to exercise... S DISQUALIFICATION of members of 9, 126 DISQUALIFICATION of, arrears of taxes not to form a . . . . . . . . . . DUTIES of:— - Estimates, to make yearly . . . . 150 Petitions, respecting . . . . . . . . . . 76 Police court, respecting . . . . . . 267 Rates, respecting . . . . . . . . . 148, 150, 151 Returns respecting debts, as to. 153 ELECTION of members of... . . . . . 10 FIRST meeting of, hour of . . . . . . 75 ForfeiturE of seat in . . . . . . . . . . 54, 55 FORMAL defects not to invalidate acts of . . . . . . . . . . . . . . . . . . . . . . 162 HEAD of . . . . . . . . . . . . . . . . . . . . . 8 JURISDICTION of, generally . . . . . . 128, 129 MEANING of term . . . . . . . . . . . . . . 1 MEETINGs of:— - Chairman of .................. 75 Default in, not to dissolve cor- poration . . . . . . . . . . . . . . . . . . . 77 First yearly . . . . . . . . . . . . . . . . . . 75 Maintenance of order at ... . . . 76 Number of . . . . . . . . . . . . . . . . . . . 75 Open, to be . . . . . . . . . . . . . . . . . . 75 Order, maintenance of at . . . . . . . 76 Place of . . . . . . . . . . . . . . . . . . . 74 Procedure, at, mode of . . . . . . . 74–78 Quorum, what constitutes . . . . . 75 Quorum, effect of want of.... 75 Special. . . . . . . . . . . . . . . . . . . . . 77,78 Adjournment of . . . . . . . . . . . 78 Business at . . . . . . . . . . . . . . . 78 Notice of . . . . . . . . . . . . . . . . . 77 Notice of, to be recorded in minutes . . . . . . . . . . . . . . .. 77 Notice of, effect of want of... 77 Place of holding . . . . . . . . . . . 77 PAGE. INDEx. XIII * * PAGE. w PAGE. COUNCIL–Continued. COUNCIL–Continued. MEMBERS of:— General. . . . . . . . . . . . . . . . . . . . 128 : Appointment of, when no elec- How exercised . . . . . . . . . . . . . . . 128 tion. . . . . . . . . . . . . . . . . . . . . . 56 Investigations, to order. . . . . . . . 263 Arbitrator when City interest- . . . Lands, respecting (see “Lands.”) ed, not to be . . . . . . . . . . . . . . . 256 Light, for supply of . . . . . . . . . . 220 Contracts of, void when City . Water, for supply of . . . . . . . . . . 271 interested . . . . . . . . . . . . . . . . 247 PROCEEDINGS of, how governed. . 128 Declaration of office by— QUALIFICATION of members of... 8 Penalty for not taking..... 126 SHAREHOLDERS in companies not Disqualification of members of disqualified . . . . . . . . . . . . . . . . . . S (see “Disqualification.”) S. TENANTs of City property not Election of (see “Election.”) disqualified . . . . . . . . . . . . . . . . . . 9 Exclusive right to exercise VACANCIES in— - - trade, may not give. . . . . . . . . 129 Elections, to fill (see “Elec- Exemption from serving as.... S tions.”) Exercise powers of City, to. . . . S Filling, in default of elections.. 55 Existing continued . . . . . . . . . . . 8, 128 Grounds of... . . . . . . . . . . . . . . . 54 Indemnity of tº e º is ſº e º & © tº $ & © tº & # 126 Warrant for new election ..... 55 Interest of, in– & COUNSEL may appear on objec- Contract with corporation, tions to by-law . . . . . . . . . . . 131 forbidden—exception . . . . . * * | COUNTY JUDGE, (see “Judge Question before Council dis- of County Court.”) qualifies from voting, etc., on 76 | COURT Investments, liability of for un- ELECTION, (see “Controverted authorized . . . . . . . . . . . gº 153 Elections.”) Licenses, powers as to. . . . . . . . - 129 POLICE, (see “Police Court.”) Nomination of (see “Nomina- REVISION of assessment roll, (see tion.”) “Revision Of Assessment Penalty for having dealings Roll.”) with City e º º e º e º te s tº e º e º is e º 'º 9 REVISION of, appeals to and from, Qualification of . . . . . . . . . . . . . . 8 respecting special assessments. . 177 Refusing to accept office, pen- COW HOUSES, keeping of... . . . . 213 alty for . . . . . . . . . . . . . . . . . . . . 126 CRANES, regulation of . . . . . . . . . . 203 Resignations of . . . . . . . . . . . . . . 55 | CRIMINALS, rewards for recov- Term of office . . . . . . . . . . . . . . . 10 ery of . . . . . . ... … 263 Witness where corporation a CRUELTY TO ANIMALS, etc., party or under by-law, may be 265 by-law respecting . . . . . . . . . 201 MONOPOLY, not to grant . . . . . . . . 129 CULVERTS_ Exception, as to ferries. . . . . . . 226 BY-LAWS respecting . . . . . . . . . . . . . 173 Powers of :— - LOCAL improvements, as . . . . . . . . 173 By-law, to be exercised by, un- COST of, Council may assume part less otherwise provided . . . . 128 of . . . . . . . . . . . . . . . . . . . . . . . . 184 By-laws respecting (see “By- CURFEW BELL, by-laws respect- laws.”) ing. . . . . . . . . . . . . . . . . . . . 202 Criminals, to offer rewards re- CYCLE PATH BOARD, its pow- specting . . . . . . . . . . . . . . . . . . 263 ers, etc. . . . . . . . . . . . . . . . . 241 ID DAIRIES, by-laws respecting. . . . . 214 || DEAD, interment of, by-laws re- specting . . . . . . . . . . . . . . . . 199 DANGEROUS MATERIALS, storage of . . . . . . . . . . . . . . . 208 xIV INDEx. PAGE. PAGE. DEATHS, endorsement as to, on DECLARATION.—Continued. - * tax notice . . . . . . . . . . . . . . . 103 BY-LAWS, verifying recitals, in . . . 130 IDEBENTURE DEBT, consolida- BY-LAW, of result of voting on.. 139 tion of . . . . . . . . . . . . . . . . . . 183 DEPOSIT of . . . . . . . . . . . . . . . . . . . . 125 DEBENTURES, Assiniboine Wat- ELECTION, of result of . . . . . . . . . . 47 er power, for ............ 197 INCAPACity to mark ballot paper, BINDING upon City, when. . . . . . . . 155 of . . . . . . . . . . . . . . . . . . . . . . . . 42 CERTIFICATE of ownership, effect MEANING of term . . . . . . . . . . . . . . 2 of . . . . . . . . . . . . . . . . . . . . . . . . 155 OFFICE, of:— CoNSOLIDATION of debt under . . . . 193 Before whom to be taken. . . . . 125 CUSTODY of . . . . . . . . . . . . . . . . . . . . 80 When to be taken . . . . . . . . . . . . 125 EXECUTION of . . . . . . . . . . . . . . . . . 154 PoLL book, verifying keeping of:— REGISTRATION of . . . . . . . . . . . . . 155 Election, at . . . . . . . . . . . . tº e º e 45 INSTALMENTs for debt payable by 149 : Voting on by-law, at . . . . . . . . . . 139 Issue of :— QUALIFICATION, of . . . . . . . . . . . . . . 124 Debts to pay prior. . . . . . . . . . . . 150, 193 When to be taken . . . . . . . . . . . . 75 Generally . . . . . . . . . . . . . . . . . . 154, 155 SECRECY of voting :— Local improvements, for . . . . . . 185 Election, at . . . . . . . . . . . . . . . . . . 48 Public works, for . . . . . . . . . . . . 147 Voting on by-law, at . . . . . . . . . 141 LIABILITIES of City, to be stated WHO may administer . . . . . . . . . . . 48, 141 in certain . . . . . . . . . . . . . . . . . . . . 149 DEED to purchaser at tax sale not LIMIT of interest upon . . . . . . . . . . 155 to issue but property to be LIMIT of time of payment of.... 148, 193 brought under “Real Prop- MAY be issued to secure debts yy . under money by-laws . . . . . . . . . 155 erty Act.". . . . . . . . . . . . . . . . 11S Not transferable, when . . . . . . . . 135 | DEFACING, by-laws for prevent- RED River improvements . . . . . . . 246 ing— r * REGISTRATION of . . . . . . . . . . . . . . . . 155 PROPERTY by posting notices. . . . . 210 Effect of . . . . . . . . . . . . . . . . . . 155 SIGNS or notices . . . . . . . . . . . . . . . 211 SINKING fund, purchase of, with. 191 DEFECTS of form not to in- SINKING fund trustees may pur- validate . . . . . . . . . . . . . . . . 155, 161 chase . . . . . . . . . . . . . . . . . . . . . . 19 DEMOLISHING houses in case of TRANSFER of . . . . . . . . . . . . . . . . . . 155 fire . . . . . . . . . . . . . . 203 DEBTS– tº tº tº DEPUTY returning officer— By-Laws authorizing, (see “By- APPOINTMENT of . . . . . . . . . . . . . . . 11 laws.”) .* * Absence or death of, in case of 11 CURRENT expenses, to meet. . . . . . 147 . . -> DEBENTUREs, under (see “De- Election, for . . . . . . . . . . . . . . . . . 11 bentures.”) - To fill vacancy, for . . . . . . . . . 11 REPORT of, Lieutenant-Governor, Voting on by-laws, for. . . . . . . . 131 annual . . . . . . . . . . . . . . . . . . . . 153 BALLOT box (see that sub-title) SURPLUS funds may be used in BALLOT paper (see that sub-title) paying. . . . . . . . . . . . . . . * 153 COMPARTMENT, for voting, to pro- DECLARATION.— vide. . . . . . . . . . . . . . . . . . . . . . 15 ACCOUNTS, verifying . . . . . . . . . . . . 136 CoNSERVATOR of peace, to be..... 11 AGENT to be present at voting on CoNSTABLE, may appoint special. . 12 by-law, of . . . . . . . . . . . . . . . . . . 132 CORRUPT practices, to be furnish- ASSESSMENT Commissioner on as- ed with copies of sections re- sessment rolls . . . . . . . . . . . . . . . . 95 specting . . . . . . . . . . e e s e s e e s e is GS BALLOT papers, of destruction of. 49 DECLARATION of :— s BEFORE whom it may be taken by Office of . . . . . . . . . . . . . . . . . y & 125 officers . . . . . . . . . . . . . . . . . . . . 161 Secrecy, of . . . . . . . . . . . . . . . . . . . 49, 141 INDEX. XV - * PAGE. . ; - PAGE. DEPUTY-Continued. -- DISQUALIFICATION−Cont, DIRECTIONs for voters (see that CORRUPT practices, for . . . . . . . . 64, 65, 66 sub-title). g ^. CouncIL, of members of... .8, 54, 55, 168 DUTIES of:— After election . . . . . . . . . . . . . . . 9, 54, 55 Election, at:— Arrears of taxes not to form. . 8 Poll, at close of ... . . . . . . . . . 44 Excessive indemnity, for voting During . . . . 39–44 or receiving . . . . . . . . . . . . . . . . 126 Vacancy, to fill . . . . . . . . . . . . . 11 ELECTORs of . . . . . . . . . . . . . . . . . . . . 9, 10 Voting on by-laws, at :— MAYOR of . . . . . . . . 8, 9 Poll, at close of . . . . . . . . . . . . 139 REPEATING vote, fºr … 37 Poll, during 38, 137 TRANSACTIONS with City, certain LIST of electors (see that sub- & e * . . . not to disqualify . . . . . . . . . . . . . 8 title). * g e - e USE of City water or electric PoEL book (see that sub-title). RETURNS of power not to form a . . . . . . . . . . 9 OI – e - DISTILLERIES, by-laws respect- Elections, at . . . . . . . . . . . . . . . . . 11 e Voting on by-law, at * 13S 1118 . . . . . . . . . . . . . . . . . . . . . 213 - y-12 W, at . . . . . . . . . - VOTING where stationed :- Distress– 111 d By-laws, on . . . . . . . . . . . . . . . . . . 133 BUTCHER'S meat, selling of under 216 Election, at . . . . . . . . . . . . . . . . . . . 37, 38 By-Law directing for non-pay- DESCRIPTION of land in adver- ment of taxes . . . . . . i * @ e º e º e º º 104 tisement of sale df lands º CON VICTIONS unde by-laws, º º for taxes . . . . . . . . . . . . . . . . i09 i. * & e º ºs e º e & ſº º 3 & R. DIRECTIONS to voters— NQUIRY for, unnecessary as to & sº taxes . . . . . . . . . . . . . . . . . . . . . . 109 DEPUTY réturning officers, to re- ^s & ſº LEVYING taxes by . . . . . . . . . . . . . . 104 ceive . . . . . . . . . . . . . . . . . . . . . . 15, 134 º e & * LEVYING taxes by, permissive not FoRM of . . . . . . . . . . . . . . . . . 15, 134, 273 * g ** ſº compulsory . . . . . . . . . . . . . . . . . 105 Elections, för . . . . . . . . . . . . . 15, 290, 298 Voting on by-laws, for 134, 298 RENT of market stalls for. . . . . . . 216 l I – 131W . . . . . . . . . 3. & * POSTED º to º 3. 15 SALE of goods seized under. . . . . . 104, 105 e e s e e º e s a s e º e º e s {) y DISTRICT REGISTRAR— DISCLAIMER of office:— S * CERTIFICATEs as to lands sold for AFTER complaint . . . . . . . . . . . . . . . 63 g taxes may grant . . . . . . . . . . . . . 115 BEFORE complaint . . . . . . . . . . . . . . 63 e • . DISCOUNT f & - CITY liable to, for incorrect cer- * f t or prompt payment r) tificates, etc. . . . . . . . . . . . . . . . . . . 115 Of taxes . . . . . . . . . . . . . . . . . 103 DUTIES as to lands sold for taxes. 115-121 DISMISSAL– LANDS sold for taxes, acquisition CONSTABLES, of . . . . . . . . . . . . . . . . 270 of title to . . . . . . . . . . . . . . . . . . . . 117 OFFICERs, of . . . . . . . . . . . . . . . . . . 127, 201 MAY grant certificates, etc. . . . . . . 115 DISORDERLY conduct— Fees for certificates . . . . . . . . . . 115 STREETS, on, by-laws respecting. . 211 NoTICE of redemption to give. . . . 117 DISORDERLY houses— REDEMPTION money to pay Over . . 117 BY-LAWS respecting . . . . . . . 211 RETURN of lands sold for taxes to - DISQUALIFICATION.— . - be made to . . . . . . . * = e < * * * * * * * 115 ALDERMAN, as . . . . . . . . 8, RETURN of lands, form of to be ARBITRATOR, of . . . . . . . . . . . . . . . 256 provided by . . . . . . . . . . . . . . . . 115 ARREARS of taxes not to form as TIME for redemption of land in, to Council . . . . . . . . . . . . . . . . . . . . S office of . . . . . . . . . . . . . . . . . . . . - 116 CANDIDATE unseated for, not to TREASURER to make return of land * run for vacancy . . . . . . . . . . . . . . - (33 sold for taxes to . . . . . . . . . . . . . 115 CERTAIN exceptions made . . . . . . 8 || L)OCIS-S, Dy-law S TeSDCCL1.11g . . . . . . 219, 226 DOCKS, by-laws respecting XVI INDEx. . PAGE. DOCUMENTS, printed, when re- . - ceived as evidence . . . . . . . . 130 DOGS, by-laws for taxing, etc. . . . 201 DOORSTEPS, by-laws for re- moval of . . . . . . . . . . . . . . . . 219 DRAIN, (see also “Drainage.”) ACQUIRING lands for . . . . . . . . . . . 200, 251. BRANCH, assessment for . . . . . . . . 181 Cieansing, of . . . . . . . . . . . . . . . . . . 217 CONSTRUCTION of across lands of - others, proceedings . . . . . . . . . . . 172 CONNECTIONs, construction of, when pavement being built. . . . 181, 182 DEBT for construction of, incur- ring . . . . . . . . . . . . . . . . . . . . . . . 147 EXPROPRIATION of land for . . . . . . 218, 251 FILLING up, by-laws respecting... 217 INJURY to, penalty for . . . . . . . . . 172, 264 OBSTRUCTION of, by-laws for pre- venting . . . . . . . . . . . . . ". . . . . . 176 OBSTRUCTION, penalty for ......., 172 PENALTY for injuring . . . . . . . . . . 172 DRAINAGE, (see also “ Drain.”) ACROSS lands of others, proceed- ings . . . . . . . . . . . . . . . . . . . . . . 172 E EATING HOUSES, by-laws re- - Specting. . . . . . . . . . . . . 223 ELECTION__ AGENTs of candidate:– Appointment of... . . . . . . . . . . . 39 Candidate may act as . . . . . . . . . 53 Certificate may vote on . . . . . . . 37 Declaration of secrecy, to take. 48, 49 Non-attendance of, not to effect election . . . . . . . . . . . . . . . . . . 54 Number of . . . . . . . . . . . . . . . . . 39 Recount of votes, may be pres- ent at . . . . . . . . . . . . . . . . . . . . 50 Secrecy of voting, to maintain. 47 ALDERMEN, by acclamation when. 13 ALDERMEN, when and where to be - held . . . . . . . . . . . . . . . . . . . . . . . 10 BALLOT boxes, (see that sub-title). BALLOT papers, (see that sub- title). Clerks to furnish . . . . . . . . . . . . . 14 Inspection of . . . . . . . . . . . . . . . 49 - - PAGE, DRAINAGE--Continued. BY-LAWS respecting . . . . . . . . 172, 217, 219 'CELLARS, cesspools, etc., of., by- laws to regulate .............. 204, 216 LANDS for, acquiring . . . . . . . ... .200, 251 LOCAL improvement, by-laws re- specting tº e º e º 'º e e s is e e º 'º e º e º & 181, 182 DRAYS, by-laws as to stands for.. 221 DRIVERS of, to be licensed....... 225 DRIVING— BY-LAWS respecting . . . . . . . . . . . . 202 Bridges and highways on. . . . . . 202 Sidewalks on . . . . . . . . . . . . . . . . 220, 222 FURIOUS, on highway, penalty for.202,239 WHEN drunken in charge of ve- hicle, penalty . . . . . , * * * * * \* * * * * * 239 WITHOUT bells in winter . . . . . . . . .220 DRUMS, beating of in 'streets, pre- venting . . . . . . . . . . . . . 221 DRUNKENNESS— - BY-LAWS for preventing e e s e e e º sº 211 DRIVING in state of, penalty for. . 239 DRUNKEN PERSONS, by-laws restraining and punishing.. 211 DUE, when taxes are . . . . . . . . . . . . 105 ELECTION-Continued. CLERK— Ballot boxes, clerk to furnish. . 13, 14 Ballot papers, to furnish . . . . . . 14 Ballot papers, duties of, re- specting . . . . . . . . . . . . . . . . 14, 15, 132 Certificates authorizing officers, et al, to vote where station- | ed, may give . . . . . . . . . . . . . . 37, 133 Chairman of nomination meet- ing . . . . . . . . . . . . . . . . . . . . . . 12 Corrupt practices, copies of sec- tions relating to :— Deputy returning officer, to furnish to . . . . . . . . . . . . . . 6S Post up certain, to . . . . . . . . . 68 Deputy returning officer, to act as, in certain cases . . . . . . . . . 11 Directions for voters, to furn- ish to deputies . . . . . . . . . . . . 15 Expenses of, City to bear. . . . . 54 Poll books, to furnish ... . . . . . . 16 i $ . y- xv.11 -) INDEX. PAGE. - *- PAGE. ELECTION.—Continued. ELECTION.—Contingued. Recount of votes, to attend. . . . 50 TIME of holding . . . . . . . . . . . . . . . .* 10. Returning officer, to be . . . . . . . 11 To be held annually . . . . . . . . . . . . 10 CoMPARTMENTS for voters . . . . . . 15 VACANCY, in case of . . . . . . . . . . . 56 CoNTROVERTED (see that sub-title). Time and place of . . . . . . . . . . . . 10, 11 CoRRUPT practices (see that sub- Warrant for . . . . . . . . . . . . . . . . . 55, 56 title). VoTING (see that sub-title). DECLARATION (see that sub-title). WHERE to be held . . . . . . . . . . . . . . 11 Deputy returning officer (see that ELECTORS– - sub-title). • . * * * DIRECTIONs to voters (see that By-Laws requiring assent of (see * * sub-title “ By-laws.”) sub-litle). * * * , DiscLAIMER (see that sub-title). Disqualification of . . . . . . . . . . . . 9 Corrupt practices, for . . . . . . . . 67 DISQUALIFICATION (sec that sub- * : * ~ ** T * title) . . . . . . . . . . . . . . . . . . . . . 10 LISTs of (see sub-title “List of . ELECTORs (see that sub-title). . . . 9, 10 Electors.”) & MEANING of term . . . . . . . . . . . . . . 2 ExPENSEs incurred by officers. . . 54 g & sº tº * MUST be named in list of electors 9 ExPENSES of candidate, what are - QUALIFICATIONS for . . . . . . . . . . . . 9 lawful. . . . . . ... . . . . . . . . . . . . * * | Ej.BCTRIC APPARATUS, inspec- - INTERFERENCE with . . . . . . . . . . . . 47 tion, etc., of . . . . . . . . . . . . . . 206 IRREGULARITY not to affect. . . . .* * * 54 LIST of electors (see that sub- & ELECTRIC LIGHT- - *. title)? º COMPANIES, rights of, saved & º 'º e g 162 Mayor, by acclamation when.... 13 POLEs, by-laws respecting....... 205, 206 NEW, on disqualification of mem- POLES, deemed real estate . . . . . . S6 bers of Council . . . . . . . . . . . . . . 55, 56 USE of. . . . . . . . . . . . . . . . . . . . . . . . 220 NoMINATION (see that sub-title). ELECTRIC MOTORS, etc., instal- OATHIS- - lation of . . . . . . . . . . . . . . . . 205 Certificate, of persons voting on 38 || HillBVATORS, by-laws regulating. 203 Vote, of person claiming to. . . . 38, 39 ELECTRICAL WORKS, City may OFFENCES respecting . . . . . . . . . . 37, 53, 54 construct on assent of elec- . PETITION, manner and time of pre- . . tors. . . . . . . . . . . . . . . . . . . . 168 senting . . . . . . . . . . . . . . . . . . . . 57 ELECTRICITY, by-laws regulating PLACE of holding . . . . . . . . . . . . . . 10, 11 generation, etc., of . . . . . . . . 169 Not to be where liquor is sold. 11 | EMBANKMENT— } Poll, book (sec that sub-title). LOCAL improvement by-laws re- Poſ.LING (see “Voting.”) specting . . . . . . . . . . . . . . . . . . . . 173 Poll, clerk (see that sub-title). PENALTY for injuring . . . . . . . . . . 264 Poll.ING places (see that sub-title) INCUMBRANCE, unaccrued as- QUALIFICATION of candidate . . . . . 8 sessments not deemed . . . . 173 QUALIFICATION, question of, not RNCROACHMENT— to be raised at elections. . . . . . . 9 ROADS, on, penalty for . . . . . . . . . . 231 REcount of votes (see that sub- ENGINEER— title). APPOINTMENT of, etc. . . . . . • * * * * 201 REPEATING vote, at . . . . . . . . . . . . . 37 ERROR, correction of in assess- RETURNING officer, clerk of City ment roll . . . . . . . . . . . . . . . . 90 to be . . . . . . . . . . . . . . . . . . . . . . 11 LANDS sold for taxes in . . . . . . . . 110 RIOT interfering with, in case of.. 47 | ESTIMATES.– SECRECY of voting (see that sub- . ANNUAL, to be made by Council. 150 title). - Excess or deficiency of effect of. 151 XVIII INDEX. PAGE. - PAGE. EVIDENCE– EXEMPTIONS FROM TAXA- ARBITRATIONS, on, to be in writ- TION.— ing and filed . . . . . . . . . . . . . . . . . 259 AGRICULTURAL societies, lands of. S2 By-Laws of Council:— - By-Laws of City, property ex- Application to quash, on . . . . . . 145 empted by . . . . . . . . . . . . . . . . . . . S2 Certified copies of, as . . . . . . . . 130 CEMETERIES . . . . . . . . . . . . . . . . . . S2 Corrupt practices in voting on, CHURCHES . . . . . . . . . . . . . . . . . . S2 of . . . . . . • * * * ~ * * * @ e º e e 145 DOMINION Government land . . . . S1 Printed copies of, as . . . . . . . . . 130 LANDS vested in the City. . . . . . . . S1 Recitals in, of . . . . . . . . . . .. . . . . 130 IIMITATIONS, of right of . . . . . . . . S2 BY-LAWS of Police Commis- PROVINCIAL Government lands... 82 sioners, of . . . . . . . . . . . . . . . . . . 269 * “ exception S2 CORRUPT practice, of :— PUBLIC Schools . . . . . . . . . . . . . . . . . S1 Viva voce, to be given . . . . . . . J. 67 Y. M. C. A. property............ 161 Election documents produced by EXHIBITIONS-. clerk as . . . . . . . . . . . . . . . . . . . 49, 50 BY-LAWS respecting . . . . . . . . 196,223, 224 Election petition, on (see that CITY may acquire site for . . . . . . . 196 sub-title). INDECENT or lewd, suppression of 211. ENDORSEMENT on packet of bal- EXPENSES- - lots as . . . . . . . . . . . . . . . . . . . . . 50 FIRE commissioner, before . . . . . . 198 CANDIDATE of, what are lawful, 66 INQUIRIES as to misconduct, upon 263 COMMISSION of inquiry into fin- * * - - ~ ances, of . . . . . . . . . . . . . . . . . . 154 INQUIRIES respecting finances, - * ,” * ELECTIONS, of, City to bear cer- tipOn . . . . . . . . . . . . . . . . . . . . . . 154 tain . . . . . . . . . 54 VOTED, of having . . . . . . . . . . . . . . . 37 … . . . . . . . . . . . . . . EXCAVATIONS, by-laws respect- EXPLOSIVES, by-laws respecting 208 ing. . . . . . . . . . . . . . . . . . . . 219 | EXPROPRIATION OF LANDS— EXCAVATIONS, in streets, reg– ABSENT owners, of . . . . . . . . . . . . . 252 ulating. . . . . . . . . . . . . . . . . . 219 ARBITRATION for, procedure on. . 257 EXECUTION levied by sheriff or ARBITRATORS, for . . . . . . . . . . . . . . 254 bailiff for taxes, notice of COMPENSATION to be made to ** taxes due. . . . . . . . . . . . . ... 106 OW1161 S . . . . . . . . . . . . . . . . . . . . 249 EXECUTIONS against City, pro- Tender of . . . . . . . . . . . . . . . . . . 251 ceedings to enforce . . . . . . . 247 COSTs of . . . . . . . . . . . . . . . . . . . . . . . 251 FXECUTIONS for costs of appeal DISABILITY, of persons under . . . . 252 re list of electors ......... 31 DRAINAGE, for . . . . . . . . . . . . . . . . . 218 EXECUTORS, contracts of, re- INTEREST, payment of, on . . . . . . . 252 specting lands . . . . . . . . . . . . 252 ROADS, for . . . . . . . . . . . . . . . . . . .227, 228 EXEMPTIONS-. SEWERS for . . . . . . . . . . . . . . . . . . 21S FROM seizure for taxes . . . . . . . . . 107 TRUSTEES, held by . . . . . . . . . . . . . . 252 MUNICIPAL office, from holding. . S WATERCOURSES, for . . . . . . 21S TAXATION, from . . . . . . . . . . . . . . . 81, S2 | WATERWORKS, system for . . . . . . . 251, 271 El FARES for hired vehicles— FEED stables, by-laws respecting. . 225 BY-LAWS respecting . . . . . . . . . . . 225 | FEES– FARM produce, no by-law to im- 2 APPLICATIONS for title under sale pose fee for selling. . . . . . . '. 227 of lands for taxes . . . . . . . . . . . . 120 FARO bank tables, by-laws respect- CERTIFICATE of oath, etc., none ing ... . . . . . . . . . . . . . . . 211 chargeable for, when . . . . . . . . * 161 INDEX. . XIX - PAGE. - -* PAGE. FEES—Continued. s FIRE- º CITY officers of, to whom to be- IN shops, regulations . . . . . . . . . . . 207 long . . . . . . . . . . . ‘. . . . . . . . . 127 PROTECTION from, by-laws respect- CLERK of, as returning officer, ing . . . . . . . . . . . . . . . . . . . . . . 206, 207 none allowed. . . . . . . . . . . . . . . . 1.54 FIRE-ARMS, by-laws respecting CoMMISSIONERS, of :— discharge of … … 221 Inquiries as to finances. . . . . . . . - 154 FIRE BRIGADE, by-laws respect- County JUDGE:— ing . . . . . . . . . . . . . . . . . . . . 206 Investigating malfeasance FIRE BUCKETS, by-laws respect- charge, for . . . . . . . . . . . . . . . . 263 ing . . . . . . * * * * * * * * * * * * * * , o 207 Recount, on . . . . . . . . . . . . . . . . 52 FIRE COMMISSION--- FARM produce to be free from... 227 PROVISIONS for . . . . . . . . . . . . . . . . . 198 MARKET, by-laws respecting . . . .215, 216 FIRE companies, by-laws respect- OFFICERS, of, by-laws fixing. . . . . . 201 ing . . . . . . . . . . . . . . . . . ... 206 PETITIONS against tax sale fund, F1RE crackers, by-laws respecting. 221 Oſl . . . . . . . . . . . . . . . . . . . . . . . . 122 | FIRE escapes, by-laws respecting. . 205 WITNESS on trial of election peti- FIRE inspectors, by-laws respecting 207 tion . . . . . . . . . . . . . . . . . . . . . . 60 | FIRE limits, by-laws respecting. . . . . 203 FELON.— - FIREMEN, by-laws respecting. . . . 206 ELECTOR, disqualified as . . . . . . . . . 10 | FIREPLACES, by-laws respecting 207 MEMBER of Council:— - FIRES, suppression of, by-laws re- Convicted as, forfeits seat . . . . 54, 55 specting . . . . . . . . . . . . . . . . 207 Disqualified as . . . . . . . . . . . . . . . S ENFORCING order at . . . . . . . . . . . . . . 207 FEMALE – - FIREWORKS, by-laws respecting. 221 ACTING Treasurer may be a . . . . . 80, 81 | FISCAL year, term of . . . . . . . . . . . . 160 BY-LAW, may vote on . . . . . . . . . . * | FISH, by-laws for inspection, etc. .212, 213 ELECTOR, may be an . . . . . . . . . . . . * | FLUES, by-laws respecting . . . . . . 207 FENCES- FOOD, adulterated, prevention of BY-LAWS respecting . . . . . . . . . . . . 20S, 210 use of . . . . . . . . . . . . . . . . . . 212 BARBED wire . . . . . . . . . . . . . . . . . . . 20S BY-LAws for inspection of . . . . . . 213 BUCKTHORN ... . . . . . . . . . . . . . . . *98 || TAINTED, destruction of . . . . . . . . 212 CoMPENSATION for injury to . . . . * | FORESTALLING, by-laws for pre- LAWFUL, by-laws respecting - - - - 20S venting . . . . . . . . . . . . e e s tº 215 OBSCENE posters on, by-laws for FORFEITURE– preventing . . . . . . . . . . . . . . . . . . 211 LIGHT weight, for, by-laws im- FENCE-VIEWERS, by-laws ap- . posing . . . . . . . . . . . . . . . . . . . . . 215 pointing. . . . . . . . . . . . . . . . 200 SEAT in Council, of . . . . . . . . . . . . 54, 55 FENDERS to street caas . . . . . . . . *1 FORM FERRIAGE, Council may fix . . . ‘. . 226 APPLICATION to compel assessment FERRIES- - commissioner to fulfil duties... 34 BY-LAWS respecting . . . . . . . . . . . . 226 BALLOT paper— ExCLUSIVE privileges as to may Election, for . . . . . . ... e s • * * * * * * * 15 be granted . . . . . . . . . . . . . . . * * 226 Voting on by-law, for . . . . . . . . 132 FILTH, by-laws respecting . . . . . . 217 CERTIFICATE– FINANCES- Assessment commissioner, of, CoMMISSIONS of inquiry into . . . . 154 on list of electors . . . . . . . . . . 17 ExPENSES of commission, pro- Assessment commissioner, of, visions as to . . . . . . . . . . . . . . . . . 154 when no appeal against list of FINES, see sub-titles “Penalties,” electors . . . . . . . . . . . . . . . . . . 26, 27 “Penalty.” Judge's in case of appeal. . . . . ... 25, 26 XX INDEX. *. PAGE. FORM-Continued, CERTIFICATE–Continued. Judge's when no appeal . . . . . . .f 27 CERTIFICATE of land sold for . taxes . . . . . . . . . . . . . . . . . . . . . 113, 114 CERTIFICATE of redemption from tax sale . . . . . . . . . . . . . . . . . . . . 116 CERTIFICATE of taking declaration of incapacity to mark ballot of 42 COMPLAINT against list of electors 19 CoNVICTION under by-law, of . . . . . . 266 DEBENTURE– * Defect of, not to invalidate. ... 155 Transfer of, provision for ...'. 155 DECLARATION, of :— Agent at vote on by-law, of... 45 Deputy returning officer at - close of poll, of . . . . . . . . . . . . 45 Incapacity to mark ballot, of.. 42 Office, of . . . . . . . . . . . . . . . . . . 125 Qualification, of . . . . . . . . . . . . . p' 124 Secrecy at election, of . . . . . . . . 48 Secrecy at vote on by-law, of.. 141 DEFECT in, effect of . . . . . . . . . . . . 162. DIRECTIONS for voters of :— * Election, at . . . . . . . . . . . . . . . . . . 15, 298 Vote on by-law, at. . . . . . . . 134, 135, 298 DISCLAIMER after petition, of . . . . 63 DISCLAIMER before petition, of... 63 NOTICE of :— Impounding animal, of . . . . . . . 209 Promulgation of by-law, of. . . . 144 Special assessment, of. . . . . . . . . 176, 178 OATH, of:— - Arbitrator, of . . . . . . . . . . . . . . . 257 Deputy returning officer at close of poll on by-law, of. . . . . . . . 45 Voter at election, of . . . . . . . . ... 38; 39 Voter on by-law, of .......... 137 ASSESSMENT rolls, concerning:— Certificate of assessment com- missioner on . . . . . . . . . . . . . . 94 Form of business assessment roll . . . . . . . . . . . . . . . . . . . . . . 295 Form of general assessment roll . . . . . . . . . . . . . . . . . . . . . 203, 294 Notice of assessment (business tax) . . . . . . . . . . . . . . . . . . . . 296 Notice of assessment (realty). 297 ELECTIONS, concerning :-- Agent of candidate, declara- tion of Secrecy . . . . . . . . . . . . . 48 Ballot papers . . . . 289 FORM-Continued ELECTIONs—Continued. Certificate of deputy returning officer after poll . . . . . . . . . . . . Declaration of officers at ...... Directions for guidance of vot- ČTS . . . . . . . . . . . . . . . * c & e º 'º e ge Declaration as to use of voters lists, etc. . . . . ... . . . . . . . . . . . . Declaration of secrecy . . . . . . . . Declaration of incapacity to mark ballot . . . . . . . . . . . . . . . . Disclaimer of candidate, after complaint . . . . . . . . . . . . tº º ſº º Disclaimer of candidate, before complaint . . . . . . . . . . . . . . . . Declaration of incapacity to read Deputy returning officer's state- ment of poll . . . . . . . . . . . . . . . Deputy returning officer’s oath of office . . . . . . . . . . . . . . . . . . . , Judge's statement on recount of Votes . . . . . . . . . . . ... e. g. s. s e s - * * Oath of person claiming to vote Poll clerk, oath of office. . . . . . . Returning officer, oath of office of . . . . . . . . . . . . . . . . . . . . . . Secrecy, oath of . . . . . . . . . . . . . . Statement of the poll at . . . . . . . GENERAL :— Annual report of Council to Lieutenant-Governor . . . Arbitrator, oath of Conviction, under by-law . . . . . . Debentures, provisions for transfer of • * * * * * * * * * * * Declaration of office:— By members of Council. . . . . By returning officer . . . . . . . . By deputy returning officer. . By poll clerk - By City Clerk . . . . . . . . . . . . . . By Treasurer . . . . . . . . . . . . . . By Assessor By Collector By Constable By Comptroller tº º tº º e º $ & © tº º º ſº tº ſº Impounding animal, notice of.. Local improvement by-law, re- citals in Qualification, declaration as to. INDEX. XXI tº tº tº $ tº tº e º 'º e is * * PAGE. PAGE: FORM–Continued. FORM-Cometimewed. LIST of electors as to :— Redemption from, certificate of Certificate of assessment com- by Treasurer . . . . . . . . . . . . . . 116 missioner on list of electors. . 17 Redemption from, certificate of Certificate of Judge on revised - by District Registrar . . . . . . . 118 list of electors . . . . . . . . . . . . . . 25 VOTING on by-laws, concerning:— Where no complaints 27 Agent, declaration of office. . . . 132 Application for . . . . . . . . . . . 26 Ballot paper . . . . . . . . . . . . . . . . . . 132 Application to compel revision Declaration of secrecy by of— of . . . . . . . . . ". . . . . . . . . . . . . . 34 ficers. . . . . . . . . . . . . . . . . . . . . 141 List of electors, of . . . . . . . . . . . . 292 Deputy returning officer’s state- Notice of complaint, list of elec- ment of poll . . . . . . . . . . . . . . . 13S tors . . . . . . . . . . . . . . . . . . . . . . 18, 19 Directions for guidance of vot- Notice of sitting of Court of CIS . . . . . . . . . . . . . . . . . . . . . . 134, 298. Revision, list of electors. . . . 21 Oath of deputy returning officer Order for assessment of per- after poll . . . . . . ... . . . tº e º e 139 Sons added to . . . . . . . . . . . . . . 32 Oath of person claiming to vote Order for payment of costs on at . . . . . . . . . . . . . . . . . . . . . . . 137 appeal from . . . . . . . . . . . . . . . 30 Secrecy, declaration of . . . . . . . . 141 Subpoena for attendance of wit- Statement of poll by deputy re- nesses at Court of Revision, turning officer . . . . . . . . . . . . . . 138 list of electors . . . . . . . . . . . . . 23 || FRONTAGE tax for local improve- Summons to assessment com- ments . . . . . . . . . . . . . . . . . 174 missioner to proceed with re- To apply to at least 12 feet. . . . . . 174 vision of . . . . . . . . . . . . . . . . . . 35 FRUIT_ Writ of execution for costs on BY-LAWS for preventing monop- appeal from . . . . . . . . . . . . . . . 31. ſº oly of . . . . . . . . . . . . . . . . . . . . . . . 215 SALE º for taxes, concern- - FRUIT SHOPS– & “ e * Assignment of certificate of. . . . 114 | . By-Laws respecting . . . . . . . . . . . . 223 Certificate of, when for amount FUEL– of taxes and costs only. . . . . . 113 By-Laws respecting 216 Certificate of, when for more FUND– than arrears and costs . . . . . . 113, 114 | TAX sale . . . . . . . . . . . . . . . . . . . . . 121 G GAMBLING houses, devices, etc., GAS-WORKS-Continued. by-laws for suppressing. . . 211 Conditions under which City GARBAGE, compulsory removal of 218 Imay construct . . . . . . . . . . . . 162 to 16S GAS, use of, for lighting. . . . . . . . . 220 Debentures for . . . . . . . . . . . . . . . 166, 167 WoRKS, erection of . . . . . . . . . . . . . 162 Debt for, not deemed to dimin- GAS Company— * isli borrowing powers of City 16S PIPEs of, placed in or under Electrical works may be in- streets deemed real estate. . . . . S6 cluded in gas works . . . . . . . .168, 169 RIGHTS of existing, saved. . . . . . . 162 Lands acquired for specially RIGHTs of Winnipeg Electric St. charged with cost of . . . . . . . . 167 Meaning of term . . . . . . . . . . . . . 16S Ry. Co. saved . . . . . . . . . . . . . . . . 169 Members of Council not dist GAS works, by-laws respecting ex- qualified for using gas from. 16S cavations. . . . . . . . . . . . . . . . . . . . . 219 Powers of City concerning. ...162 to 168 CoNSTRUCTION of by City— Revenues to be paid to Treas- City may construct 162 ll TCT . . . . . . . . . . . . . . . . . . . . . 162, 163 XXII INDEx. GASOLINE, use of, for lighting. . GATES, by-laws respecting . . . . . . . PUBLIC buildings, at entrance to. RAILWAY crossings at . . . . . . . . . • WATER, at crossings of drains by fences: . . . . . . . . . . . . . . . . . . . . GAZETTE (see “Manitoba Ga- gette ”) - - * GEESE AND POULTRY, by-laws respecting . . . . GIRLS, by-laws for excluding, from certain callings. . . . . . GOODS, selling by sample, by-laws as to . . . . . . . . . . . . . . . . . . . . GRADIENT OF FLOORS, by- laws respecting . . . . . . . . . . GRAVEL on highway, by-laws re- specting . . . . . . . . . . . . . . . . HACKS, (see “Cabs ") HALLS, by-laws respecting . . . . . . HAWKERS, by-laws respecting. . . • * * * * * * * * * * * * * * * * * * * 215, 2 FARMERs, application of, to . . . . . HAY, regulating sale of . . . . . . . . . HEAD of corporation, (see sub- title “Mayor’’) APPOINTMENT of acting ARBITRATOR, may appoint, when. . BORROWING money, powers of, for . * * c e º ºs e º e g g g g g tº BY-LAWS, to sign DUTIES of :- . . 209, 204 PAGE. 220 EI 224 tº gº 224 216 . Meetings of Council, respecting. 75 to 77 OATHS, power of, to administer. . 125 HEALTH, by-laws respecting. . . . .211, 216 HEARING of complaints against assessment roll, (sce “Re- vision of Assessment Roll '') HIGHWA YS– g ALLOWANCES for, jurisdiction over BELLs, by-laws preventing driv- ing without in winter BY-LAWS respecting:— For borrowing money for con- struction . . . . . . Registration of CLOSING . . . . . . . . . . . . . . . . . . DISUSED, vesting of portion of... 231 147 230 227, 229 229 HIGHWAYS-Cometimzzed. EXPROPRIATION of land for . . 173, 228, FENCES along, by-laws respecting INTER-MUNICIPAL, etc., of JURISDICTION Over MEANING of term . . . . . . . . . . . . . . MUNICIPAL commissioner to settle disputes as to inter-municipal. NUISANCES on :- * e º By-laws for preventing OPENING of OVERSEERS of ,by-laws appointing PLANs of . . . . . . . . . . . . . . . . . . . . . . PossessTON of, vested in City. . . . PUBLIC, what are RAILWAY across, by-laws as to... REPAIR of liability for . . . . . . . . . . SALE of disused . . . . . . . . . . . . . . . .226, TIMBER, stone, etc., on, by-laws respecting . . . . . . . . . . . . . . . . . To be kept in repair by City. TRAVELLING on By-laws regulating Rule of road as to TREES on . . . . . . . . . . . . . . . . . . . . . . VESTED in His Majesty . . . . . . . . . HIRING teams to convey voters . . HOISTS, by-laws respecting maintenance, is g tº $ tº & 4 tº t e º 'º e º e s tº $ e º º PAGE. GRAVES, by-laws for protecting. : 199 GREAT HIGHWAYS (see “High- ways") * GROUNDS, clearing, draining, etc., of . . . . . . . . . . . . . . . . . . 217 . GUARANTEE Company— APPROVED by Lieutenant-Gover- nor, must be . . . . . . . . . . . . . 12S SURETY for officers of City, may be . . . . . . . . . . . . . . . . . . . . . . . . . 12S GUARDIANS, contracts of, as to lands. . . . . . . . . . . . . . . . . . 252 GUIDE-POSTS, penalty for injur- * ing. . . . . . . . . . . . . . . . . . . . . 264 GUN COTTON, storage of, regu- lations as to . . . . . . . . . . . . . 20S GUNPOWDER, by-laws respecting 208 GUNS, by-laws respecting firing of 221 INDEX. XXIII * PAGE. *. PAGE. HOLIDAY :— HOUSES :— EFFECT of day falling on. . . . . . . . 2 GAMBLING, suppression of . . . . . . 211 PolicE Court, holding of, on..... 267 ILL-FAME, of, by-laws respecting. , 211 HORNS, by-laws as to blowing. . . . 221 MOVING of, along the streets. . . . . 219 HORSE, (see “ Driving,” “Rac- NNMBERING, by-laws for . . . . . . . 199 ing ”) - - NNMBERING, charge, for . . . . . . . . . 199 GLANDERED, compensation for.... 21.3 PULLING down, at fires . . . . . . . . . 207 SHOE, regulations as to size and RECORD of numbers of, to be kept 199 form. . . . . . . . . . . . . . . . . . . . . . . 220 UNSAFE, removal of . . . . . . . . . . . . 203 sºng unsecured, left. . . . . . . . *" | HUCKSTERS, by-law respecting. .215, 224 HOSPITALS, by-laws respecting. 200 HUSBAND, as witness for or HOTEL runners, by-laws respecting 221 e • & HOUSEHOLDER:— against wife . . . . . . . . . . . . . 265 ELECTOR, when qualified as . . . . ... Q MEANING of term . . . . . . . . . . . . . . 10 ICE, by-laws for removal of . . . . . . 219 INDIGENT persons, aid to, by- INCORPORATION of City. . . . . . 3 laws as to . . . . . . . . . . . . . . . . . . . . . 200 IDIOTS, sale, etc., of lands of.... 252 INCORPORATION City,” of . . . . . . * 3 IMPOUNDING :— INCUMBRANCE on expropriated ANIMALS, etc. . . . . . . . . . . . . . . . . . 209 lands . . . . . . . . . . . . . . . . . . 254 CoMPENSATION for . . . . . . . . . . . . 209 INDECENCY, by-laws for sup- NOTICE of . . . . . . . . . . . . . . . . . . . . . 209 pressing . . . . . . . . . . . . . . . . 211. NOTICE of, sale after . . . . . . . . . . . . 209 | INDECENT exposure, by-laws re- IMPRISONMENT :— specting . . . . . . . . . . . . . . . . 211 BALLOT paper, for offence respect- INDECENT books, by-laws sup- ing. . . . . . . . . . . . . . . . . . . . . . . 53 pressing . . . . . . . . . . . . . . . . 211 DISTRESS, in default of . . . . . . . . . 264 || INDECENT exhibitions . . . . . . . . . 211 By-laws authorizing . . . . . . . . . . 227 | INDEMNITY for lands improperly ExHIBITIONs for offences respect- sold for taxes and brought ing . . . . . . . . . . . . . . . . . . . . . . . 223 under “The Real Property PENALTY, in default of payment Act". . . . . . . . . . . . . . . . . . . . 121 of . . . . . . . . . . . . . . . . . . . . . . . .223, 264 INDUSTRIES:— Excessive indemnity to member AID to, by-laws respecting . . . 161 of Council for . . . . 126 EXEMPTION of, from taxation. ... 161 Injuring drain, for . . . . . . . . . . . 173, 264 LICENSING of, by-laws respecting. 224 Public work, for . . . . . . . . . . . sº INFANT, sale, etc., of lands of.... 252 Resisting police officer, for.... an INFECTIOUS diseases, by-laws Withholding records of City. . . 70 respecting . . . . . . . . . . . . . . 216 PLACE of . . . . . . . . . . . . . . . . . . 26S INFLAMMABLE MATERIAL, SECRECY of voting, for violating. . 4S . Storing, etc., of . . . . . . . . . . . 20S VAGRANTS, of . . . . . . . . . . . . . . . . . . 27] INFORMATION to be given by IMPROVEMENTS, (see “Local - to sº Improvements '') person assessed for taxes. 93 IMPROVEMENTS on lands sold, for INFORMER may be witness in taxes, payment for . . . . . . . . . . . 124 proSecutIOIn . . . . . . . . . . . . . 265 INDEBTEDNESS of City, certifi- INITIATIVE, City, proceedings - cate of comptroller, pro- under . . . . . . * * * * * e º e º e a s 176 ceedings. . . . . . . . . . . . . . . . 160 INJURY, of property, by-laws as to 210 XXIV INDEX. | PAGE. PAGE. INQUIRY:— INSTALMENTS, when taxes pay- CoMMISSIONS of, into finances... 154 able by . . . . . . . . . . . . . . . . . . 103 ExPENSEs of . . . . . . % - - - - - - - - - - - 154 INSTRUMENTS, execution of... . . 154 COMMISSION of, respecting fires. . 198 || INSURANCE Companies, by-laws MISCONDUCT, into charges of . . . . 263 e respecting . . . . . . . . . . . . . . 224 INSOLVENCY, disqualifies mem- INTELLIGENCE offices, by-laws § ber of Council : . . . . . . . . . . 54, 55 respecting . . . . . . . . . . . . . . . 223 INSPECTION:— INTEREST, how estimated . . . . . . 148 AsSESSMENT roll, business tax, of S3 COMPENSATION on expropriated AsSESSMENT roll, general, of . . . . 95 lands . . . . . . . . . . . . . . . . . . . . . . 249 BALLOT papers, of . . . . . . . . . . . . . . 49 | DEBENTURES, on, not to exceed 3. . . . Q - * BUILDINGS, of . . . . . . . . . . . . . . . . . 204 intº e tº E tº ſº r e e º e º e s e º 'º s is . . . . . . 155 DOCUMENTS, etc., of, penalty for INTERMENT of the dead, by- refusal to give 79 laws respecting . . . . . . & ſº e e 199 s e º s º & © e s e tº e & tº tº t T - - FIRE buckets, of . . . . . . . . . . . . . . . . 207 interpºon - of expres 1 to 3 S1OilS . . . . . . . . . . . . . . . . . . O FooD, of . . . . . . . . . . . . . . . . . . . . . . 211 * & - O INTIMIDATION, (see “Corrupt PLUMBING, of . . . . . . . . . . . . . . . . . . 217 º : - - - 9) RoADs, fences, etc., of 201 Practices") y 3 * * ~ * > * > * - - - - - - - - - - - INVESTIGATIONS into charges STABLES and outhouses, of . . . . . . 213, 214 - g - W d f 216 against officers . . . . . . . . . . . 263 J sº º or . . . . . * ..l. INVESTIGATIONS into finances 154 INSPECTORS, by-laws appointing:— INVESTMENTS and accounts. ... 152 BUILDINGS Of . . . . . . . . . . . . . . . . . . *: IRREGULARITY, effect of – FIRE * * * * * * * * * * * * * * * * * * c e s tº tº $ 207 ASSESSMENT, in special • * * * * * e s e 187 FOOD, of . . . . . . . . . . . . . . . . . . . . . . 212 DEBENTURES, upon . . . . . . . . . . . . . . 155 NOXIOUS weeds, of . . . . . . . . . . . . . 201 ELECTIONS, upon . . . . . . . . . . . . . ... 54 WEIGHTS and, measures, of . . . . . . 216 PROCEEDINGs of councils and of- - ficers . . . . . . . . . . . . . . . . . . . . . . . 162 JOINT owners of lands, assessment JUDGE of County Court— of, for taxes . . . . . . . . . . . . . S4, 85 Continued. JOINT owners or occupiers:— POLICE commissioner for City. . . . 26S ELECTORS, when . . . . . . . . . . . . . . . . 10 | QUASHING by-laws, to take evid- JUDGE Of County Court I- CT1Ce . . . . . . . . . . . . . . . . . . . . . . . 145 APPEALs to, from special assess- Recount of votes by :- ments . . . . . . . . . . . . . . . . . . . . . .177, 179 Elections, at . . . . . . . . . . . . . . . . t 50 ARBITRATOR, may appoint when... 255. Voting on by-law, at . . . . . . . . . . 141 BALLOT papers, may grant inspec- JUDGE of Court of King's Bench, tion of . . . . . . . . . . . . . . . . . . . . . 49 application to to quash by- CORRUPT practices, to report on. . 67 * law . . . . . . . . . . . . . . . . . . . . 145 ELECTION petition, (see “Contro- JUNK stores, by-laws respecting. . 225 verted Elections ° J URISDICTION, general, of Coun- ExPROPRIATION, powers of, re- - cil . . . . . . . . . . . . . & © tº dº º G & º 12S specting . . . . . . . . . . . . . . . . . . 253 JUSTICE of the Peace;— - Absent owners, of lands of.... 252 COMMITMENT by . . . . . . . . . . . . . . .266, 267 Interest on compensation in gº QUALIFICATION not required of cases of, may order payment of 252 * Mayor . . . . . . . . . . . . . . . . . . . . . 267 . Powers of generally, in cases * of . . . . . . . . . . . . . . . . . . .250 to 254 JURISDICTION of . . . . . . . . . . . . . . . 267 FEEs, on investigation of charges MAYOR, ea officio, a. . . . . . . . . . . . . 266 against officers of City. . . . . . . . 263 OATHS under Act, may take..... 1 (31 Miscon DUCT in City matters, to PENALTIES imposed and awarded investigate charge of... . . . . 263 by . . . . . . . . . . . . . . . . . . . . . . . . 207 INDEX. ſ XXV - PAGE, - PAGE. LADDERS, by-laws requiring ... . . 205 || LEVY OF UNPAID TAXES-Continued. LAND Drainage Act, unaccrued ON real property . . . . . . . . . . . . . . . 104 assessments under, not en- WHO may make . . . . . . . . . . . . . . . . 104 cumbrances on land . . . . . . 173 LEVY, rates of, general, limit of.. 151 LANDS:— - LIBRARY, FREE PUBLIC:— ACQUIRING land for use of City, DEBENTUREs, $15,000 for site of a. 188 by-laws for . . . . . . . . . . . . . . . . . . 200 DEBENTURES, $50,000 for site of ACQUISITION, etc. . . . . . . . . . . . . . . 200 and equipping a . . . . . . . . . . . . . . 1SS Cemetery, for . . . . . . . . . . . . . . . 199 DEBENTURES, $30,000 for equip- Drainage, for . . . . . . . . . . . . . . . . 218 ping a . . . . . . . . . . . . . . . . . . . . . 189 Generally . . . . . . . . . . . . . . . . . . 3, 200 | 1.IBRARY, PUBLIC, debentures . Gunpowder magazine, for .... 208 for construction of, etc.188, 189,226 Outside City limits . . . . . . . . . . . 161 LICENSES, for :— Roads for ... . . . . . • * * * e s e e º e 227 AMUSEMENT, places of . . . . . . . . . 224 AssessMENT of, (see “Special AUCTIONEERS . . . . . . . . . . . . . . . . . 224 Assessment”) . BILL-POSTERS . . . . . . . . . . . . . . . . . 225 BUSINESS tax not a lien upon. . . . 91 BILLIARD or bagatelle tables, etc. . 223 DISABILITY, of person under, sale, BOWLING-ALLEYS . . . . . . . . . . 224 etc. . . . . . . . . . . . . . . . . . . . . . . . . 252 BUTCHER-STALLS . . . . . • * * * * * * * * * 224 ExPROPRIATION of, (see “ Expro- CABS or carriages . . . . . . . . . . . . . . 225 priation of Lands") CHIMNEY-SWEEPS . . . . . . . . . . . . . 207, 217 HIGHWAYS, constituting, vested in CIRCUS, etc. . . . . . . . . . . . . . . . . . . . 223 Crown . . . . . . . . . . . . . . . . . . . . 230 CoMMERCIAL travellers . . . . . . . . . . 224 LIABILITY of, to taxation ........ * | DRays, etc..... . . . . . . . . . . . . . . . 225 MEANING of term ........... ‘. . . 2 EATING-HOUSES, etc. . . . . . . . . . . . . 223 SALE of, where site of disused ELECTRICIANS, etc. . . . . . . . . . . . . . . 206 road . . . . . . . . . . . . . . . . . .222, 226, 229 |FLECTRIC light and power com- SALE of, held by trustees. . . . . . . . 252 panies . . . . . . . . . . . . . . . . . . . . 220 SALE of, taxes for, (see “Sale of EXHIBITIONS . . . . . . . . . . . . . . . . . 223 Land for Taxes") FEEs may include such for each LANES:— animal, etc. . . . . . e e º e e s e s e e º 'º' 129 BY-LAWS respecting . . . . . . . . 217, 219, 227 HACKS . . . . . . . . . . . . . . . . . . . . . . 225 CoST of opening . . . . . . . . . . . . . . . 173 HAWKERS . . . . . . . . . . . . . . . . . . . . 222 CoNVEYANCE to railway company, House-Mowers ... . . . . . . . . . . . . . 219 conditions respecting . . . . . . . . . 228 INSURANCE companies . . . . . . . . . . 224 CITY, powers of, to expropriate INTELLIGENCE Offices . . . . . . . . . . . . 223 ° for . . . . . . . . . . . . . . . . . . . . . . . . 228 JUNK stores . . . . . . . . e e s s e º 'º e s e e 225 JURISDICTION over . . . . . . . .. . . . . . 173,231 LIVERY stables, horses, etc. . . . . . . 225 LOCAL improvement by-laws re- NEWS-BOYS . . . . . . . . . . . . . . . . . . . 226 specting . . . . . . . . . . . . . . . . . . . . 173 || OMNIBUSSEs . . . . . . . . . . . . . . . . . . 225 NAMES of, changing, by-laws re- PAWNBROKERS . . . . . . e e is a e 225 - specting . . . . . . . . . . e s e s s a • e o e 199 PLUMBERS . . . . . . . . . . . . . . . . . . . . 217 OPENING, etc., of . . . . . . . . . . . . . . . 227 PUBLIC entertainment . . . . . . . . . . . 223 POSSESSION of . . . . . . . . . . . . . . . . . 231 PUBLIC exhibitions . . . . . . . . . . . . . . 223 LAVATORIES, urinals, etc., in REFRESHMENT houses . . . . . . . . . . . 223 Streets . . . . . . . . . . . . . . . . . . 218 RINKS, skating and roller . . . . . . . 224 LESSEE, remedies of, upon pay- SCAVENGERS . . . . . . . . . . . . . . . . . . 217 ment of taxes . . . . . . . . . . . . . . . . 105 SECOND-HAND stores . . . . . . . . . . . 225 LEVY OF UNPAID TAXES:— SHOE-BLACKS . . . . . . • Jº e º e s e s e º e 226 FoR business taxes ............. 91 TELEGRAPH and telephone com- OF companies . . . . . . . . . . . . . . . . . 91 panies . . . . . . . . . . . . 224 XXVI JNDEx. L!CENSES-Continued. THEATRICAL companies . . . . . . . . . TOBACCO stores, etc. . . . . . . . . . . . . . TRADERs . . . . . . . . . . . . . . . . . . . . . Transient . . . . . . . . . . . . . . . . . . TRADING stamps, companies and merchants . . . . . . . . . . . . . . . . . . VENDORs of milk............. * * * I.IEN :— IMPROVEMENTS by tax sale pur- chaser, for . . . . . . . . . . . . . PERSONAL property liable to for business tax . . . . . . . . . . . . . . . . PURCHASE money for, when sale set aside TAXES for . . . . . . . . . . . . . . . . . . . . LIEUTENANT-GOVERNOR:— ANNUAL returns to ............. BY-LAWS, approved of, by:— Recitals must be proved for... Roads, opening, closing, etc. . . . e tº e o e e º 'º PAGE. . 223 225 129, 223 223 224 214 120 86 113 101 153 130 228 DISPOSITION of money raised by Special rate, powers of, respect- ing . . . . . . . . . . . . . . . . . . . . . . . . FINANCE, may issue commission, of inquiry into . . . . . . . . . . . . . . . GUARANTEE company, approval of, by . . . . . . . . . . . . . . . . . . . . . . . . JUSTICES, power of, to appoint, saved . . . . . . . . . . . . . . . . . . . . . . RETURN of debts to be made to.. LIGHT WEIGHT, penalty for.... LIGHTING of streets . . . . . . . . . . . . LIGHTS in shops, by-laws regu- lating . . . . . . . . . . . . LIME, by-laws respecting LIMITATION:— ACTIONs of, (see “Action ”) AWARDS, of time of confirming. . AWARDS, of time of moving against . . . . . . . . . . . . . . . . . . . . . . BY-LAWS, of application to “quash CLAIM upon tax sale fund, time for making . . . . . . . . . . . . . . . . . . CLAIMS, making of, in expropria- tion of lands by City. . . . . . . . . . LIMITS of City and wards. . . . . . LIQUOR, election not to be held at place where sold. . . . . . . . . . LIST of lands to be sold for taxes OMISSION from, effect of... . . . . . * * * * * * * * g º e g º º 'º e º 'º • * * * * e s e e a e e e is e e e e s tº e e * * * * * e e s 152 154 128 267 153 216 220 207 207 261 262 145 121 250 3, 7 11 w - PAGE. LIST OF ELECTORS:— APPEAL :— - - Costs of . . . . . . . . . . . . . . . . . . . . 29, 30, 31 Officers, payment of, by . . . . 30 Death of party effect of on. . . . 22 How made . . . . . . . . e e º 'º e e s e s e e 18 Notice of . . . . . . . . . . . . . . . . . . . Place of hearing of . . . . . . . . . . . 19, 28 Time of hearing of ......... * * * 19 APPOINTMENT to hear appeals, ap- plication for . . . . . . . . . . . . . . . . 19 ASSESSMENT COMMISSIONER:— Apply for judge's certificate where no appeals, to. . . . . . . . 27 Assessment roll to produce at Court of Revision . . . . . . . . . . 20 Compelling performance of duties of . . . . . . . . . . . . . . . . . . 34, 35 Compensation, entitled to no... 28 Duties of . . . . . . . . . . . . . . . . . . 28 , Hearing of appeal:— Appointment for to obtain... 19, 20 Notice of, to give appellant... 19, 20 Notice of, to give party ap- pealed against . . . . . . . . . . . . 21 Inquiries to be made by....... 36 List of electors, preparation of, by . . . . . . . . . . . . . . . . . . . . ... 16 List of electors, posting up by. 17 List of electors, to insert prop- erty qualification in . . . . . . . . . 16 ASSESSMENT ROLL, effect of, as evidence . . . . . . . . . . . . . . . . . . 18 When understood to be finally revised . . . . . . . . . . . . . . . . . . . 16 BY-LAWS, for voting on . . . . . . . . . 136 CERTIFICATE on, form of . . . . . . . . 17 Date of, what to be . . . . . . . . . . . 17 CERTIFIED copies of, to be furnish- ed to deputy returning officer. . 16 CERTIFIED copies of, prima facie Correct . . . . . . . . . . . . . . . . . . . . 28 COMPLAINTS and appeals against. 18 CONSTABLE, appointment of, to at- tend Court of Revision. . . . . . . . 28 DEATH of appellant or abandon- - ment of appeal . . . . . . . . . . . . . . • 22 Disposition of ...... .......... 17, 18 ELECTORs, meaning of term ...... 2 EXECUTION for costs . . . . . . . . . . . . 31 EXTRA copies of, how obtained... 18 ° 108 110 36, 37 INDEx. XXVII ; : PAGE. PAGE. LIST OF ELECTORS.–Continued. LIST OF ELECTORS–Continued. FORM, list of electors of... . . . . . . 16, 292 MAYOR, duties of . . . . . . . . . . . . . . . 19 FoRMS:- MINORS, when may be placed on. - Application to compel assess- list . . . . . . . . . . . . . . . e s e e s e . . . 22 ment commissioner to per- NAMES and addresses of Mayor, - form duties, of . . . . . . . . . . . . 34, 35 etc., to be printed on. . . . . . . . ... 17 “ & & order, NOTICE of complaint against. . . . . 18, 19 thereon . . . . . . . . . . . . . . . . . . 35 OFFICIALS of City, addresses of, Certificate on list of electors of:— tlPOrl . . . . . . . . . . . . . • * - - - - - - - - 17 Assessment Commissioner's, PENALTY:— n original . . . . . . . . . . . . . . 17 Assessment commissioner, for Where no appeal ......... 26, 27 breach of duty, of . . . . . . . . . . 35 Judge's, in case of appeal... • 24 Disposition of . . . . . * * * * * * * * * * 249 Judge's, where no appeal. . . . 26, 27 Falsification, etc., of list . . . . . . 35 Judge's, where proceedings Illegal practises, for . . . . . . . . . . 36 had to compel revision of Insertion in list, for improper. 36 list of electors . . . . . . . . . . . . 34, 35 Qualification for giving false.. 36 Complaint against list . . . . . . . . 18 Recovery of . . . . . . . • * * * * * * * * * 36 Execution for costs, of... . . ... 31 PRINTED, to be ............. e - e. e. 17 Notice of:— * REVISION by County Judge of.... 18 Appeal from list of. . . . . . . . . . 19 REVISION of, proceedings to com- Application for change of pel . . . . . . . . . . . . . . . . . . . . . . . . 34 name on transfer of prop- SALE of copies .................. 17, 18 erty . . . . . . . . . . . . . . . . . . . . 20 SERVICE of notices . . . . . . . . . . . . . . 22 Sitting of Court of Revision of, SITTING of Court of Revision, notice of . . . . . . . . . . . . . . . . . . 21, 22 notice of . . . . . . . . . . . . . . . . . . . 21, 22 Sitting of Court of Revision, STRIKING off names for non-at- notice of to be published. . . . 21 tendance . . . . . . . . . . . . . . . . . . . 24 Subpoena for attendance of wit- TAXEs, recovery from party not * IlêSSèS . . . . . . . . . . . . . . . . . . . . 23, 24 on roll . . . . . . . . . . . . . . . . . . . . . . 32, 33 FREEHOLDER, meaning of term. ... 37 TENANT, meaning of term....... 37 - HogsBHOLDER, meaning of term. . 37 TIME, provisions as to, directory JUDGE of County Court:— only . . . . . . . . . . . . . . . . . . . . . . . 33 Appointment of, for hearing To be posted up by assessment appeals . . . . . . . . . . . . . . . . . . . 19 CO1111111 SS10116I . . . . . . . . . . . . . . . . . 17 Certificate of revised list by... 24-26 To be printed . . . . . . . . . . . . . . . . . . . 17 Where no appeal . . . . . . . . . . . 27 TRANSFER of property after list Copies of list, to transmit to made . . . . . . . . . . . . . ". . . . . . . . . • 20 certain officers . . . . . . - 26, 27 WHERE Court of Revision of, to Decision of, final . . . . . . . . . . . . . 18 be held . . . . . . . . . . . . . . . . . . . . 2S Disposition of lists by . . . . . . . . 26, 27 WITNESSES, procuring attendance Frauds to report ... . . . . . . . . . . 29 of . . . . . . . . . . . . . . . . . . . . . . . . . 22, 23 º Of º to revise. . . . . . 18 || LIVERY stables, (see “Stables") OWerS Of – tº & Amendments to make . . . . . . 29 LOCAL imp rovements, (see ‘Spe- Application to compel a SSCSS- cial Assessment *) ment commissioner to per- UNACCRUED assessments for, not form duties, on . . . . . . . . . . 34, 35 deemed encumbrance as be- Remuneration of . . . . . . . . . . . . 29 tween vendor and purchaser... 173 Remuneration, payment of . . . . 29 MAY be made before special as- LAST revised, to be used at elec- sessment levied . . . . . . . . . . . . . . 177 tions . . . . . . . . . . . . . . . . . . . . . . 16 CITY may assume part of cost of 184 XXVIII INDEx. J - - PAGE LOCK-UP HOUSE :- * - 'LOTS vacant:- ESTABLISHMENT of . . . . . . . . 268 | ENCLOSING, by-laws, as to ...... 208 IMPRISONMENT in . . . . . . . . . . . . . . 264 || LUNATIC, contracts, etc., as to LOTS, numbering of, by-laws for.. 199 lands of . . . . . . . . 252 LOTS, numbering of, charge for.. 199 M MACDONALD VOTING MA- MAYOR.—Continued. CHINE, regulations as to BORROWING money, powers of, for 147 use at elections . . . . . . . . . . . 68-74 BY-LAWS, to sign . . . . . . . . . . . . . . . 129 . REGULATIONS as to voting on by- DECLARATION of office by . . . . . . . 125 laws . . . . . . . . . . . . . . . . . . . . . . 142, 143 DUTIES of . . . . . . . . . . . . . . . . . . . . . 78 MAGAZINES, by-laws respecting. 208 DISQUALIFICATION of . . . . . . . . . . . . 9 ACQUIRING land for . . . . . . . . . . . . - 208 DUTIES of, meetings of Council - MAGISTRATE, (see “Justice of respecting . . . . . . . . . . . . . . . . . . 74–76 the Peace,” “Police Magis- ELECTION of member to fill va- trate ’’) cancy in office of . . . . . . . . . . . . . 55 MALFEASANCE of officer, inves- FIRE commissioner of Winnipeg, tigation of charge of... . . .f 263 to be . . . . . . . . . . . . o e s e e e s a e s 198 MANDAMUS to compel officers to HEAD of City, to be. . . . . . . . . . . . . S perform duties under ex- INDEMNITY of . . . . . . . . . . . . . . . . . 126 ecutions . . . . . . . . . . . . . . . . 249 JUSTICE of the peace:— MANITOBA GAZETTE:— - Er officio, to be .............. 266 CLERK to keep on file in his office 209 Jurisdiction and powers of, as. 267 NOTICES need not be published in, Qualification of, as, unnecessary 267 except where specially required 162 NoMINATION of, (see also “ Nom- SALE of taxes, advertisement of, ination”) . . . . . . . . . . . . . . . . . . to be in . . . . . . . . . . . . . . . . . . . . . . 109 OATHS, power to administer . 125 SALE of impounded animals, etc.. 209 PENALTY for voting twice, for... 37 MANUFACTURES, dangerous, by- PERSONS disqualified to be . . . . . . 8 laws respecting . . . . . . . . . . . T 207 POLICE Commissioner of City, a . 268 MANURE, by-laws for removal of 213 POLICE Court in City, when to at- MARKET CI.ERKS, by-laws for tend . . . . . . . . . . . . . . . . . . . . . . . 267 prescribing powers of . . . . 216 POSSE comitatus, may call out. ... 268 MARKET PLACE, changing site. 216 PRESIDENT of Court of Revision MARKETS :-- to be . . . . . . . . . . . . . . . . . . . . . . . 97 AcQUIRING lands for . . . . . • * * * * * * 251 QUALIFICATION as . . . . . . . . . . . . . . S BY-LAWS respecting . . . . . . . . . . . . 215, 216 VACANCY in office of . . . . . . . . . . . 55 RATES for selling in . . . . . . . . . . . . 216 VETO of money by-laws, etc., by 78 VEHICLES about, regulation of... 216 VOTE for, where to be given...... 37 MARRIAGES, endorsement as to, WARRANT for new election . . . . . . 55 On tax notices . . . . . . . . . . . . * * * * 103 | MEASURES, by-laws respecting. . 216 MARRIED woman, contracts, etc., MIEAT, by-laws respecting. . . . . . . . 212, 213 as to lands of . . . . . . . . . . . . 252 REGULATING sale of . . . . . . . . . . . . . 216 MAYOR :— SALE in public streets, prevention ABSENCE from City of . . . . . . . . . . 7S of . . . . . . . . . . . . . . . . . . . . . . . . 216 ACTING, appointment of . . . . . . . . . . . 78 | MEDALS for bravery at fires, ARBITRATOR to appoint, when.... 255 granting of . . . . . . . . . . .. . . . . 206 BALLOT paper, for election of..... 15 | MEETINGS:- BONDS of Winnipeg, to sign. . . . . . 154 CouncIL, of (see “Council”) PAGE. 13 INDEx. ov XXIX PAGE. PAGE. MEETINGS-Continued. MONEY BY-LAWS, proportion NoMINATIONs, for, (see “ Nom- ſ Of ratepayers necessary to ination ”) º w Caſſy . . . . . . . . . . . . º, º º º º º 147 POLICE commissioners, of . . . . . . . 268, 269 || MONEYS of City to be deposited SINKING fund trustees . . . . . . . . . . 189 in treasury daily ......... 159 MEMBERS OF COUNCIL, (see " . MONOPOLIES :— - “Council”) FERRIES, respecting . . . . . . . . . . . . 226 MENAGERIES, by-laws respecting 223 GRANTING of, prohibited . . . . . . . . 129 MENDICANTS, by-laws respecting 211 MARKET produce, of, by-laws pre- MILEAGE to members of Council, venting . . . . . . . . . . . . . . . . . . . . 215 not allowed . . . . . . . . . . . . . . 126 || “MONTH" notice of 30 days equal MILK, by-laws respecting........ 212, 214 to . . . . . . . . . . . . . . . . . . . . . . 176 MINOR (see “Infant”) - - MORTGAGE, investment of sink- MISCONDUCT of officer, investi- ing fund on . . . . . . . . . . . . . . . 189 gation of -. . . . . . . . . . . . . . 263 || MOTOR CARS, by-laws respecting 202 - MUNICIPAL COMMISSIONER— 102 NAMING STREETS, by-laws for NAPHTHA, storage of, regula- tions as to . . . . . . . . . . . . . . . NEGLIGENCE, action for:— NoN-REPAIR of streets, against City for . . . . . . . . . . . . . . . . . . . . TENDER of amends in tº e º 'º e º e º e º e NEW ELECTIONS, (see “Elec- tions °) NEWSBOYS, by-laws respecting. NEXT DAY, meaning of term. ... NITRO-GLYCERINE, storage of, regulations as to . . . . . . . . . NOISES, unusual, by-laws respect- 1ng - NOMINATION:— ACCEPTANCE of to be in writing.. How made - RETURNS to be made to. . . . . . . . . . N 199 208 231 247 226 2 NAMES of candidates nominated to be posted up NOTICE of * * * * * * * * g e * * * * * * * * * * a s e e e s a e a e * * * * * * * * * * * * * * * * * * * e e RESIGNATION of candidates after. RETURNING officer, absence or death of, appointment of new, in case of . . . . . . . . . . . . . . . . . . . . TIME of holding . . . . . . . . . . . . . . . ONE week to intervene between, and election • * * : * * * * * * * * * * * * * * 20S 221 13 13 13 12 12 12, 13 13 12 12 NOMINATIONS–Continued. VACANCY in Council, in case of.. 56 Candidate unseated for want of qualification, name of, not to * be received at . . . . . . . . . . . . . . 63 NON-RESIDENTS, assessment of lands of . . . . . . . . . . . . . . . . . 84 NON-RESIDENTS, notice to, in cases of expropriation . . . .250, 252 NOTARY public, power of, to take oaths, etc.. . . . . . . . . . . . . . . . 161 NOTE, (see “Promissory Note”) NOTICE:- ABSENT owners, to, in cases of expropriation . . . . . . . . . . . . . . . 252 ACTION of :— Illegal by-law, etc., for act done under . . . . . . . . . . . . . . . . . . . . . 146 Non-repair of highway, for.... 232 ANNUAL rate, when according to - frontage . . . . . . . . . . . . . . . . . . . 174 APPEAL from Court of Revision, - of . . . . . . . . . . . . . . . . . . . . . . . . . 99 ARBITRATORS, of appointment of... 254 ASSESSMENT of lands for taxes. . 95 ASSESSMENT for business tax. . . . 90 ASSESSMENT, confirmation of.... 177 ASSESSMENT of property not on improved street . . . . . . . . . . . . . . 173 BY-LAW, of:— Assent of ratepayers, requiring 131 Local improvements, for . . . . . . 177 XXX INDEX. O PAGE. NOTICE.--Continued. CITY initiative, of . . . . . . . . . . . . . . . 176 Court of Revision for special as- Sessments . . . . . . . . . . . . . . . . . . 177 COURT of Revision, for revision of assessment rolls . . . . . . . . . . . 95 DEFACING, by-laws as to . . . . . . . . 211 DISMISSAL of officers, of . . . . . . . . . 127 ELECTION petition, abatement of.. 61 ELECTION petition, withdrawal of 60 . ExPROPRIATION proceedings by City, of . . . . . . . . . . . . . . . . . . . . 250 GAZETTE, need not be published in, exception . . . . . . . . e e º e s e e e 162 IMPOUNDED animals, in Gazette, of sale of . . . . . . . . . . . . . . . . . . . . 209 LEVY of, upon property of com- panies . . . . . . . . . . . . . . . . . . . . . . . 91 LOCAL improvements:— º By-laws, for, of . . . . . . . . . . . . . . 176 New, after petition against first, of . . . . . . . . . . . . . . . . . . 187 OATH :— ACCOUNTS, verifying . . . . . . . . . . . . 126 AGENT at poll, secrecy of . . . . . . . . 48, 49 ALDERMAN, office of . . . . . . . . . . . . 125 ARBITRATOR, of . . . . . . . . . . . . . . . . . 257 BY-LAW, of freeholder voting on. 137 CERTIFICATE of . . . . . . . . 125 CoMPTROLLER, of . . . . . . . . . . . . . . . 156 DEPUTY returning officer:- At close of poll . . . . . . . . . . . . . . 45, 139 When voting on certificate. . . . 38, 134- FIRE commissioner may take. . . . . 198 MAYOR, office of . . . . . . . . . . . . . . . . 125 OFFICE of (see “Declaration ”) OFFICERS for administering. . . . . . 125, 161 OFFICERs, fee not to be taken by. 161 OFFICERS, duties of, respecting. . . 124 PENALTY for refusal to take..... 126 Police officer, of office.......... 270 QUALIFICATION of, (see “Declar- ation ”) VOTER, of :— By-law, voting on . . . . . . . . . . . . 137 Certificate of, voting on. . . . . . . 37, 133 Effect of refusal to take. . . . . . . 40 Election, at . . . . . . . . . . . . . . . . . . 38 WHO may administer, elections, at . . . . . . . . . . . . . . . . . . . . . . . . . 39 * * *. PAGE. |NOTICE – Continued, RECOUNT of ballots, at election, of , 50 RECOUNT of ballots, on by-law, of 141 ROAD :— g - Opening and stopping up, etc. . . 229 SPECIAL assessment, of .......... 178 SPECIAL meeting of Council, of.. 77 STRAY cattle to be given to clerk. 209, SUIT to set aside tax sale, of..... 123 TAXES of . . . . . . . . . . . . . . . . . . . . 103 TAXES of, endorsement on. . . . . . 103 NOXIOUS weeds, by-laws respect- ing . . . . . . . . . . . . . . . . . . . . 201 NUISANCE, by-laws respecting .. 213 NUISANCE, highway, on, penalty for . . . . . . . . . . . . . . . ... • * * * * * 217 NUMBERING houses, by-laws as to . . . . . . . . . . . . . . . . . . . . . . 199 OBJECTIONS to by-law, how made . . . . . . • - - - - - - - , a e s e 131 OBSCENE, etc., language, by-laws preventing . . . . .. . . . . . . . . 211 OBSTRUCTIONS:— BY-LAWS for preventing. . . . . . . . . 219, 227 HIGHWAYS of, penalty for....... 231 OCCUPANTS, joint, qualification as electors . . . . . . . . . . . . . . . * 10 OCCUPANTS, liable to assessment for business tax though owner of building . . . . . . . . 88 OCCUPIED lands, assessment of, for taxes . . . . . . . . . . . . . . . . 84 OFFENCES, (see “Imprison- ment,” “Penalty”) OFFICE, term of, for members of Council . . . . . . . . . . . . tº g º e 10 OFFICE HOURS, by-laws fixing. 201 - OFFICERS of City:- - APPOINTMENT of, City institutions 201 APPOINTMENT of, not to be by tender, etc. . . . . . . . . . . . . . . . . . 127 . . APPOINTMENT, salaries, tenure, and remuneration, etc. . . . . . . . . 126 ARBITRATORS, disqualified as . . . . . 256 BY-LAWS, creating debts, to en- force . . . . . . . . . . . . . . . . . . . . . . 150 * , , INDEX. XXXI º PAGE. PAGE. OFFICERS OF CITY-Confizzued, OFFICERS OF CITY-Continued. DISMISSAL of, provisions for.... 127 .VOTING on certificate by..... . . . . 37 DUTIES of, generally — WITNESS in prosecution, may be. .265 By-laws, as to . . . . . . . . . . . , e e s • * 226 || OIL, storage, etc., of, regulations. . 208 Financial . . . . . . . • * * * * * * * * * * ... 156 OMISSIONS, formal, not to vitiate 162 EXISTING, continued . . . . . . . . . . . . 8 || OMNIBUS, by-laws respecting. . . . . 225 FEES received by, to whom to be- OPENING STREETS, etc., condi- long . . . . . . . . . . . . '• * * * * * *e e s e e 127 - tions precedent to . . . . . . . . 229 FORMAL defects not to invalidate ORDER:— - acts of . . . . . . . . . . . . . . . . . . . . 162 Inspection of ballots for....... 49 GUARANTEE policies as security Of * | | WITNESS, for attendance of...... 59. To be approved by Lieutenant- ORDER of Council:— Governor . . . . . . . . . . . . . . . . 128 ILLEGAL, liability for act \done MALFeasance by, investigation of under . . . . . . . . . . . . . . . . . . . . . . 146 charge of . . . . . . . . . . . . . . . . . . .263 QUASHING . . . . . . . . . . . . . . . . . . . . 145 oº:: º h be mad ORDINARIES, by-laws respecting 223 sº *** * : organization ......... . . . . 3–8 Penalty for refusing to take. 126 ouTHouses by-laws respecting 213 Qualification, of . . . . . . . . . . . . . . 124 OVENS, by-laws respecting. . . . . . . 207 Signing and deposit of . . . . . . . 125 | OVERSEERS of highways:— When to be taken . . . . . . . . . . . . - 125 BY-LAws appointing * * * * * * * * * * * * 200 Who to administer . . . . . . . . . . . 125 | OWNER:- - - PRODUCTION of books, etc., by . . . . 79 ABSENT, expropriation of land of 252 REMOVAL from office, of . . . . . . . . 127 CHANGE of, not to affect lien for Notice for . . . . . . . . . . . ... • - - - - - - 127 taxes . . . . . . . . . . . . As º 'º e º e s a e e 106 ROAD allowances, not liable for LANDS occupied by, to be assessed boma fide mistakes in opening. . 230 to him . . . . . . . . . . . . . . . . . . . . . . . 84 SALARY, tenure of office and se- RATED -severally, with occupant, t curity . . . . . . . . . . . . . . . . . . . . ‘. . . 126 both deemed rated . . . . . . . . . . . 10 How fixed . . . . . . . . . . . . . . . . . . 126 OWNERS, joint, assessment of SECRECY at elections, to maintain. 47 lands of . . . . . . . . . . . . . . . . . 84 TENDER, not to be appointed by.. 127 | OWNERS, joint, qualification of as TREES on road, duties of, as to... 234 electors . . . . . . . . . . . . . . . . 10 E. PARK :— PAWNBROKERS, by-laws re- BY-LAW acquiring land for. . . . . . 196, specting . . . . . . . . . . . . . . . . 225 CITY, may, acquire site for...... 196 || PAYMENT:— ExPROPRIATION of lands for . . . . . . 196 PURCHASE money of lands sold SPECIAL assessment of land front- for taxes of . . . . . . . . . . . . . . . . . . 112 ing on . . . . . . . . . . . . . . . . . . . . . . . 180 TAXEs of:— PARTY walls, by-laws respecting. 207 Before rate struck, conditions of 106 FAVEMENT:— - - Instalments by . . . . . . . . . . . . . . . 103 CROSSINGS to private property on, Instalments by cannot be made * - © * by, after warrant for sale of provision for . . . . . . . . . . . . . . . . . 183 land for taxes, unless all ar- DRAIN connections, making of, at rears paid . . . . . . . . . . . . . . . . . 107. time of laying • * * * * * * e º e e º e ... 181, 182 Mode of ..................... 105 Local improvements, by-laws for 173 Time of . . . . . . . . . . . . . . . . . . . . . 105. STREET railway company, laying When land subdivided after of by . . . . . . . . . . . . . . . . . . . . . . 194, 221 taxes due 107 xxxH INDEX. PAY ROLLS, payments of to be made by Treasurer. . . . . . . . 159 PASSAGE-WAYS, regulation of. . 205 PENALTIES, disposition of . . . . . 265 GENERAL where no specific pro- vided by act . . . . . . . . . . . . . . . . . 265 Recovery of . . . . . . . . . . . . . . . . . . 264 PENALTY for (and see under dif- ferent sub-titles)– ASSESSMENT commissioner, ne- glect of, duty by . . . . . . . . . . . . . 94 ASSESSMENT commissioner, not making returns . . . . . . . . . . . ... ... • 102 BALLOT box, clerk not furnishing 14 BALLOT paper, offences, respecting 53 BELLS, driving without . . . . . . . . . :220 BY-LAW, breach of :— Council, of . . . . . . . . . . . . . . . . . . . 226 Police commissioners, of. . . . . . 269 CONSTABLE refusing to serve as, at poll . . . . . . . . . . . . . . . . . . . . . 12 CORRUPT practice:– Relief from, by prosecuting ac- complice . . . . . . . . . . . . . . . . . 67, 68 COUNCIL, member of:— Indemnity, voting or receiving excessive. . . . . . . . . . . . . . . . . . 126 DECLARATIONS, refusing to take or administer certain . . . . . . . . 126 DEPUTY returning officer not in- itialing ballot . . . . . . . . . . . . . . . . 40 DEPUTY returning officer receiv- ing vote when oath refused. . . . 41 DRAINS, injury to . . . . . . . . . . . . . . 172 ELECTION, offences, certain . . . . . . 53 GUIDE-POSTs, wilful injury to . . . . 264 HIGHWAY, encroachment on. . . . . 231 INFORMATION for not giving to assessment commissioner ...... 93 INJURING property . . . . . . . . . . . . . 263 LIGHT weight . . . . . . . . . . . . . . . . . 216 NoN-PAYMENT of taxes . . . . . . . . . 103 POLICE, assaulting or resisting. ... 271 REPEATING vote . . . . . . . . . . . . . . . 37. RETURNS as to debts, Council not making . . . . . . . . . . . . . . . . . . . . 153 RETURNS, clerk not making cer- tain . . . . . . . . . . . . . . . . . . . . . . . 80 RULES of road, not observing. . . . . 265 SECRECY of voting, contravening:— Election, at . . . . . . . . . . . . . . . . . 4S Vote on by-law, at . . . . . . . . . . . 140 PAGE. - PAGE. PENALTY-Coquiinued. TREES on road, injuring. . . . . . . . . 234 PERSONAL estate, meaning of term . . . . . . . . . . . . . . . . ... 2 PERSONAL PROPERTY:— MEANING of term . . . . . . . . . . ... 2 Power to acquire and hold. . . . . . 3, 200 PERSONATING voter, a corrupt - practice . . . . . . . . . . . . . . . . 65, 66 PETITION:— t BY-LAW, against. . • * * * * * 130 After assent of ratepayers given 144 CouncIL, receiving of, by........ 76 ELECTION (see “Controverted Elections”) w LOCAL improvements, for . . . . . . . 175 LOCAL improvements, against. . . . 176 SURPLUS proceeds of lands sold - for taxes, for . . . . . . . . . . '• * * * * * 122 SURPLUS proceeds of lands, how verified . . . . . . . . . . . . . . . . . . . . 122 SURPLUS proceeds of lands, order upon . . . . . . . . . . . . . . . . . . . . . . 123 PIER, by-law for construction of.. 147 PIGS, by-laws respecting ......... 213 PIGGERIES, by-laws respecting.. 213 PLACARDS, by-laws respecting. . 211 PLANS:— . . . BUILDINGS of, production and de- posit of . . . . . . . . . . . . . . . . . . . . 204 CHANGE of, apportionment of cost of local improvements . . . . . . . . 179 EPPECT of cancelling . . . . . . . . . . . . 106 PLUMBING of, by-law respecting. 217 SUB-DIVISION to be certified by City Surveyor . . . . . . . . . . . . . . . . 262 PLUMBERS, by-laws respecting. . 217 FLUMBING, by-laws respecting. . 217 POLICE Commissioners:— ſº BY-LAWS of . . . . . . . . . . . . . . . . . . . 269 Traders, respecting . . . . . . . . . . . 129 COMPOSITION of board of... . . . . . 268 ESTIMATES of ... . . . . . . . . . . . . . . 271 FEES of . . . . . . . . . . . . . . . . . . . . . . 26S MEETINGS of. . . . . . . . . . . . . . . . . . 26S PAY list of police force to make. . 271 PLACE of meetings of . . . . . . . . . —" 269 POLICE force, authority respecting 270 WITNESSES, may compel attend- ance of . . . . . . . . . . . . . . . . . . . . . 269 POLICE COURT, Clerk of . . . . . . 267 POLICE COURT, establishment of 267 INDEX. XXXIII # * - - PAGE. ~ * PAGE. POLICE FORCE:- I’OOL tables, by-laws respecting. . x 223 APPOINTMENT, and tenure of of- POOR, resident, by-laws for aiding 200 fice of . . . . . . . . . . . . . . . . . . . . . 270 || PORCHES, by-laws respecting re- CoMPOSITION of . . . . . . . . . . . . . . 270 moval of . . . . . . . . . . . . . . . . . 219 GOVERNMENT of . . . . . . . . . . . . . . . . 270 || POSSE COMITATUS, Mayor may OATH of office of . . . . . . . . . . . . . . 270 call out . . . . . . . . ** * e e º 'º e is 268 PAY list of, to be provided comp- | POSTERS, by-laws respecting.... 211 troller . . . . . . . . . . . . . . . . . . . . . 271. POULTRY, tainted, destruction of 21.2 PENALTY for resisting, etc. . . . . . . 271 || POUNDKEEPER:- PoweRS of, to make arrests. . . . . . 271 APPOINTMENT of . . . . . . . . . . . . . . 200 REGULATIONS governing . . . . . . . . 270 NOTICE of sale, to give. . . . . . . . . . 209 REMUNERATION of . . . . . . . . . . . . . 270 Pound by-law, copy of, to be To obey lawful orders of Chief.... 270 furnished to . . . . . . . . . . . . . . . . . 210 POLICE MAGISTRATE:— - REMOVAL of . . . . . . . . . . . . . . . . . . 201 CoMMISSIONER of police for City 268 REMUNERATION of . . . . . . . . . . . . . 201 DUTIES of . . . . . . . . . . . . . . . . . . . . 267, 268 To be supplied with copy of JURISDICTION of, in City matters 267 pound by-law . . . . . . . . . . . . . . . . 201 NEED not sit on Sunday. . . . . . . . . 267 | POUNDS, by-laws respecting . . . . 208 Powers of . . . . . . . . . . . . . . . . . . . 267 | PRECEPT to collector to levy rate SALARY of . . . . . . . . . . . . . . . . . . . . 267 under execution . . . . . . . . . . 248 POLL, (see & & Voting ”) Prival. º, clearing, --- * raining, etc., of . . . . . . . . . . 217 POLL-BOOK:— * & © PRINTED directions to voters. 15, 134, 273 DECLARATION verifying . . . . . . . . . * | PRIVATE road, saving clause as Form of . . . . . . . . . . . . . . . . . . . . . 45 to liability for non-repair of 232 EXPENSE of . . . . . . . . . . . . . . . . . . 54 PRIVY VAULTS, by-laws respect- FURNISHED to deputy returning - ing . . . . . . . . . . . . . . . . . . . . 216 officer, to be e, s º e s e º e s tº e º e º ºs e e 16 PRIVIES, by-laws regulating. . . . . • 216 . MODE of keeping . . . . . . . . . . . . . * * * | . CLEARING, draining, etc. . . . . . . . . . 217 By-law, at, vote on . . . . . . . . . . . 135 CoNSTRUCTION of ... . . . . . ... . . . 216 RETURN of . . . . . . . . . . . . . . . . . . . . 48, 199 | PROFANE SWE ARING, by-laws POLL_CLERK :— respecting . . . . . . . . . . . . . . 211 APPOINTMENT of :— | | PROMISSORY note:– Election, at. . . . . . . . . . . . . . . . . . 11 By-LAws authorizing the giving of 147 Voting on by-law, for . . . . . . . . 134 RENEWAL of . . . . . . . . . . . . . . . . . . 147 CERTIFICATE, voting on . . . . . . . . . . 36, 133 | PROMUL.GATION of by-laws. ... 144 MAY act as deputy returning of- PROPERTY:— ficer, when . . . . . . . . . . . . . . . . . . 1.1 BY-LAWS respecting ge e º a tº e º 'º º e º & 210 POLLING, (see “Voting”) MEANING of expression . . . . . . . . 2 POLLING-PLACES:- Power of City to hold. . . . . . . . . . 3, 200 ANNOUNCEMENT of . . . . . . . . . . . . 13 PRESERVATION of, at fires . . . . . . . 207 ANNOUNCEMENT of, election, for. 13 PROTECTION of . . . . . . e e s e º e < * * * 263 ANNOUNCEMENT of vote on by- ROADS, in . . . . . . . . . . . . . . . . . . . . . . 230 law, for . . . . . . . . . . . . . . . . . . . . . j.31 SPECIAL rate, what liable to. . . . . 148 ARRANGEMENT of . . . . . . . . . . . . . . 15 TREES on highways, in . . . . . . . . . . 234 DIRECTIONs for voters to be post- PROSECUTOR may be witness in ed at . . . . . . . . . . . . . . . . . . . . . . 15 prosecution . . . . . . . . . . . . 265 FIXING for election . . . . . . . . . . . . . 10 | PROVINCIAL Government officers FOR vote on by-laws . . . . . . . . . . . . 131 to give information to as- WHO may be present at. . . . . . . . . 39, 133 sessment commissioner . . . . 84 Counting of votes, during. . . . . 44 | PROVISIONS, by-laws respecting.213, 215 XXXIV INDEx. * PUBLIC auctions, by-laws respect- * PUBLIC bridges, by-laws respect- - PUBLIC buildings:— --- IPAGE, 224 220 BY-LAWS as to construction of . . .203, 204 EXPROPRIATION of land for. . . . . . PUBLIC drive, assessment of land O11 * ... • - - - - - - - - - - - - PUBLIC exhibitions, by-laws re- specting . . . . . . . . . . . . . . . . PUBLIC highway, (see “High- ways”) * * * * * * * * * g. 251 PUBLIC library, by-laws as to... .188,226 PUBLIC nuisance, ance ’’) (see “ Nuis- QUALIFICATION:— CouncIL, of member of DECLARATION of:— & Members of Council to take, before doing business * * * * * * e e ELECTOR of . . . . . . . . . . . . . . . . . . . MAYOR requires none as Justice of the Peace. . . . . . . . . . . . . . . . . . QUESTION of, not to be raised at elections . . . . . . . . . . . . . . . .. . . VOTER on by-law, of. . . . . . . . . . . . . QUARANTINE hospital, erecting and establishing . . . . . . . .. . QUARRY, acquiring land, etc., for RACING, on highways:— : 267 9 137 189 200 BY-LAWS for preventing. . . . . . . . 202, 239 RAILINGS, by-laws for removing RAILWAY companies, conveyance of roads, etc., to. . . . . . . . . . RAILWAY Taxation Act, property exempt under, not to be as- sessed . . . . . . . . . . . . . . . . . . RAILWAYS, by-laws respecting:— GATES, etc., for erection of, at... ROAD, for construction, etc., of, dCTOSS . . . . . . . . . . . . . . . . . . . . . . STREET, by-laws respecting...... STREET, lines of track, etc., deemed real estate . . . . . . . . . . . . . . . . . . . STREET, pavements, construction of 93. 20S 228 221 S6 . 194 PUBLIC WORKS:— BY-LAWS to contract debts for . . .' PROTECTION of * * * * * * * * * * * * * : * * * * PUBLICATION, (see “ Notice”) BY-LAWS generally, of . . . . . . . . . . FINANCIAL statement, of annual. . . MANITOBA Gazette, not necessary in, unless specially required. . . . | PURCHASE by member of Council in which City interested void . . . . . . . . . . . . . . . . PURCHASE money of lands sold for taxes, a lien when sale * * * * * * * * * * * * - set. aside . . . . . . . . . . . . . . . . PURCHASER, tax, rights of...... PURCHASER, tax, redemption money to be paid to. . . . . . . QUARRY, laying railway tracks to and from . . . . . . QUASHING by-laws . . . . . . . . . . . . JUDGE of County Court to take evidence . . . . . . . . . . . . . . . . . . . . RlNG’S BENCH, Court of:- * * * * * * * * * g. PAGE. 147 263 ‘A, 144 158, 162 117 114 11\} 200 145 APPEAL to, on application to quash * * * * * * * * * * * * * * * * * * e s s by-law QUORUM at meetings:— CouncIL of City, of . . . . . . . . . . . . COURT of Revision, of . . . . . . . . . . CYCLE. Path Board, of . . . . . . . . . . POLICE commissioners, of..... ... • - SINKING fund trustees, of RATES:— How calculated LIMIT of annual ORDINARY:— Council to levy annually. . . . . . Mode of calculating … Surplus of, disposition of . . . . . . SPECIAL, (see “Special Assess- Iments '') SPECIAL, accounts respecting, sep- arate to be kept . . . . . . . . . . . . . . SPECIAL additional, may be made. SPECIAL, to be levied annually. . . . SPECIAL annual, notice of, when. . SPECIAL, by-laws, respecting. . . . . 75 .95 242 269 191 150 151 151 INDEX. xxxv. & * PAGE. PAGE, RATES-Continued. REDEMPTION money to be sent SPECIAL, repeal or àmendment of. 149 | to tax purchaser . . . . . . . . . 117, 119 Special, lien of lands, to consti- | REFRESHMENT HOUSES:— * tute a ... . . . . . . . . . * * * * * * * * . . . 151 BY-LAWS respecting . . . . . . . . . . . . 223 * . SURPLUS of, disposition of. . . . . . . 1% REFUSE, by-laws respecting...... 207,213 TIME when due ... . . . . . . . . . . . . . . * | REFUSE, removal of under direc- REAL estate, (see “Lands”) - tion of Council. . . . . . . . . . . . 21:S MEANING of term . . . . . . . . . . . . . . .3 REGISTER of redemption of lands REAL property, (see “ Lands ”) - sold for taxes . . . . . . . . . . . . 119 MEANING of term . . . . . . . . . . . . . • 2 | REGISTRAR, District, not bound REAL Property Act, lands sold for to enquire into regularity taxes to be brought under, j.18 of tax sales . . . . . . . . . . . . . . 120 REAL Property Act, lands improp- REGISTRATION :- + erly sold for taxes and - By-Laws for opening roads on brought under . . . . . . . . . . 121 private property, of . . . . . . . . . . 230 RECORD, (see “Books”) s: . eXpropriation. . . . sº RECORDS, inspection of . . . . . . . . 70 EBENTURES, of . . . . . . . . . . . . . . . 155 LANDS sold for taxes, redemption RECOUNT of votes:— of ...... . . . . . . . . . . . . . . . . . . 115, 118 By-Laws, on . . . . . . . . . . . . . . . . . ſº i. NAMES of streets, of . . . . . . . . . . . 199 Elections, at . . . . . . . . . . . . . . 50-52 PLANs of City lots, of . . . . . . . . . . 262 JUDGE may take evidence of death, REGULATIONS, general powers etc. . . . . . . . . . . . . . . . . . . . . . . 142 ** & tº to make . . . . . . . . . . . . . . . . . 128 REcovKRY by City of sums in RELIGIOUS ceremonies, by-laws Certain Cases . . . . . . . . . . . . 120 . protecting . . . . . . . . . . . . . . 211 RECOVERY of taxes by suit..... * | REMOVAL of officers, (see “Dis- RED RIVER:— - missal”) BRIDGE across ........ ......... 246 REMUNERATION:— IMPROVEMENTs, City may bear + ALDERMEN, of . . . . . . . . . . . . . . . . . 1.26 part of cost of . . . . . . . . . . . . . . . 246 ASSESSMENT officers, of . . . . . . . . S1 NEW bridge across near Aberdeen CLERK of, as returning officer.... 54 Avenue . . . . . . . . . .. . . . . . .. . . . 246 COMMISSION of inquiry as to fin- SEWERS on banks of, regulations ances, of . . . . . . . . . . . . . . . . . . . 154 as to . . . . . . . . . . . . . . . . . . . . . . . 182 CoNSTABLEs of . . . . . . . . . . . . . . . . 270 REDEMPTION of lands sold for CouncIL, of members of . . . . . . . 126 -: taxes:— * - & Penalty for excessive . . . . . . . . 126 CERTIFICATE of . . . . . . . . . . . . . . . . 116 EMPLOYEEs of . . . . . . . . . . . . . . . . . 201 CERTIFICATE of, to be in duplicate 117 FIRE commissioner to have no... 1987 COMPUTATION of time for . . . . . . . 117 INSPECTOR of noxious weeds. . . . . 201 EFFECT of . . . . . . . . . . . . . . . . . . . . 117 JUDGE of County Court:- ERROR, when sold in . . . . . . . . . . . . 110 Investigating charge of mis- How made from Treasurer. . . . . . 1.16 conduct . . . . . . . . . . . . . . . . . . 263 How made from District Regis- Recount of votes, for . . . . . . . . 52 trar . . . . . . . . . . . . . . . . . . . . . . . 118 MAYOR, of . . . . . . . . . . . . . . . . . . . . 126 NOTICE of, to tax-purchaser. . . . . . 117 OFFICERS, of . . . . . . . . . . . . . . . . . . 201 NOTICE of, to be given to Treas- POLICE Commissioners . . . . . . . . . . 268 tirer . . . . . . . . . . . . . . . . . . . . . . . . 119 POLICE Court Clerk . . . . . . . . . . . . 267 SEVERAL lots sold together, where 110 POLICE Magistrate . . . . . . . . . . . . . . 267 TIME for . . . . . . . . . . . . . . . ... . . . .115, 118 POLICE officers . . . . . . . . . . . . . . . . 270 TREASURER to pay over money on 117 TRUSTEEs of sinking fund. . . . . . . . 189 WHEN assessed value of land not RENEWAL of local improvement, exceeding $50 . . . . . . . . . . . . . . . 116 assessment of cost of . . . . . 175 IXXXVI INDEX. - PAGE. t t - PAGE. RENT:- ... • - * RETURNING OFFICER—Continued. ' MARKET stalls, of, distress for.... 216 Vote on by-law . . . . . . . . . . . . . 140 SEWER, use of common. . . . . . . . . . 20i DEPUTIES to make returns to.... 11, 139 REPAIR — DEPUTIES, when may act in place LOCAL improvements . . . . . . . . . . . . 175 of . . . . . . . . . . . . v e < e < * * . . . . . . 11 HIGHWAY of liability for . . . . . . . . , 722 INTERRUPTION of election, duties REPEAL, general, of existing of, in case of . . . . . . . . . . . • * * * * * * - 47 - Statutes. . . . tº e e º e º 'º e º a 287 LIST of electors, copy of, to be de- REPEAL of by-laws, (see “By- - livered to . . . . . . . . . . . . . . . . . . 16 , laws '') NoMINATION duties of, at....... 12, 13 REPEATING vote:– OATH of office of . . . . . . . . . .: . . . . 125 CORRUPT practice, a . . . . . . . . . . . . 66 OATHS, may administer, to voters 39 PENALTY for . . . . . . . . . . . . . . . . . . 37, 67 Respondent in election petition, RE-SALE on non-payment of pur- may be . . . . . . . . . . . . tº e º e º gº tº e 57 chase money of lands sold RESULT of voting on by-law, to • * for taxes . . . . . . . . . . . . . . . 113 * declare, how . . . . . . . . . . . . . . . . 140 RESERVOIRS:— VACANCY at election, to fill. . . . . . 55 BY-LAWS respecting . . . . . . . . . . . . 212 Duties respecting election. . . . . . 55 RESIGNATION:- e . Not to receive nomination of, CANDIDATE, of . . . . . . tº º e < *, * * * * * * 13 certain candidates . . . . . . . . . . 63 MEMBER of Council, of . . . . . . . . . 55 || RETURNS:— - RESOLUTION of Council :— BY-LAws, of voting on . . . . . . . . . . . 138 QUASHING of . . . . . . . . . . . . . . . . . 145 CLERK, to be made by, annually.. 80 VETO of . . . . . . . . . . . . . . . . . . . . . . 78 COUNCIL, to be made by, annually 153 RESPONDENT in election petition 57 | - ELECTIONS, at . . . . . . . . . . . . . . . . 45-47 RESTAURANTS, by-laws respect- . REVISION of assessment roll:— - ing . . . . . . . . . .... • * * * * * * * * * 223 ALTERATIONS . . . . . . . . . . . . . . . . . 9S RETURN of lands sold for taxes... 115 Entered on roll, to be. . . . . . . . . 9S ForM of, to be provided by Dis- APPEALs:— & trict Registrar . . . . . . . . . . . . . . . 115 Against assessment . . . . . . . . . . . 96 DEEMED sufficient authority to . From Court of Revision, gen- Registrar to issue certificate of erally . . . . . . . . . . . . . . . .. . . . . 99 title when unredeemed . . . . . . . - 120 From Court of Revision, pro- UNREDEEMED to be made by Treas- t cedure . . . . . . ... • - - - - - - - . . . . . 99 urer to Registrar . . . . . . . . . . . . . 117, 118 ASSESSMENT Commissioner:— RETURNING officer:— • Complainant may be . . . . . . . .. • 96 APPOINTMENT of, in Clerk's lab- Errors, Inlay COrrect . . . . . . . . . . 96 Sell Ce . . . . . . . ...' … 11 BUSINESS tax roll, of, same as BALLOT boxes and contents, to re- general roll . . . . . . . . . . . . . . . . . . S3 turn to Clerk's office. . . . . . . . . . , 46 COMPLAINTS :-- * CASTING vote, at election, to have 46, 47 Notice of . . . . . . . . . . . . . . . .. . . 96 CASTING vote, on by-law, not to Numbering of . . . . . . . . . . . . . . . 96 have . . . . . . . . . . . . . . . . . . . . . . 140 Who may make . . . . . . . . . . . . . . 96 CASTING vote, recount of votes, COURT of Revision . . . . . . . . . . . . . 95 after . . . . . . . . . . . . . . . . . . . . . . 52 Adjournment of . . . . . . . . . . . . . . & 97 CLERK to be . . . . . . . . . . . . . . . . . . . 11, 12 Constitution and place of sitting 95 CoMPARTMENT for voters, to pro- Duties of . . . . . . . . . . . . . . . . . . 97 Vide. . . . . . . . . . . . . . . . . . . . . . . . 15 Errors and omissions. . . . . . . . .90, 96 CoNSERVATOR of peace, to be....'. 12 May order new assessment... . 98 CONSTABLE, may appoint special. . 12 Report of . . . . . . . . . . . . . . . . . . 98 DECLARATION of result by:- Who to preside over. . . . . . . . . . 97 Elections . . . . . . . . . . . . . . . . . . . 46 HEARING of complaints. . . . . . . . . . 97 INDEX, XXXVII REVISION of assessm’t roll—Cont. HEARING of complaints—Comt. Absence of parties. in case of.. Adjournment of - Evidence on, to be on oath if required Examination of parties or wit- 116SSCS Postponement of NOTICE. of sittings Contents of How given, generally NOTICE to persons complained against - REVISED roll to be in force, ex- ceptions SUBPOENA, how obtained To be complete by July 1st in each year - REWARDS:— BRAVERY at fires, for CRIMINALs, respecting RIDING :— BY-LAWS respecting HIGHWAY, on, rules for .e. e. e. e. e. e. e. e. e. e. e. e. - - - - - - - - - - - - - e º 'º - - e - e g tº e • * * * * * tº e º is e º e º 'º e º 'º' • * * * * * * * * * * * * * • e s e º 'º e º 'º e º e • - - - - - - - SABBATH-DAY, by-laws respect- PAGE. 97 97 98 98 98 95 95 96 96 9S 98 97 e is a º º e ºn .201, 202, 220 tº q + 6 s. s.. . .237, 238 ing . . . . . . . . . . . . . . . . . . . . 211 . SALARIES, (see “ Remuneration") SALARIES to be paid by Treas- U11 eſ . . . . . . . . . . . . . . . . . . . 15.9 SALE, (see “Contracts”) ANIMALS impounded, of . . . . . . . . 209 ROAD allowance, of . . . . . . . . . . . . 222 TIMBER, etc., on road allowances. 222 SALE of lands for taxes:— ADJOURNMENT of . . . . . . . . . . . . . . 110 ADVERTISEMENT of sale . . . . . . . . . 109 ADVERTISEMENT of sale to be in Gazette . . . . . . . . . . . . . . . . . . . . 109 Assess MENT of lands sold ....... 112 BY-LAWS fixing place of sale. . . . 110 CERTIFICATE of sale . . . . . . . . . . . . 113, 114 Assignment of . . . . . . . . . . . . . . . 114 City to . . . . . . . . . . . . . . . . . . . . . . 111, 112 Third party to, when land sold for, surplus . . . . . . . . . . . . . . . . 114 ROAD-ALLOWANCE, ROULETTE tables, RIGHT-OF-WAY, not to be im- peded in ‘opening streets, etc. • * * * * * * * * RINKS, by-laws respecting . . . . . • RIVERS:- By-Laws respecting ............. lease or • * * * * * * * * * e º e sale of JURISDICTION over . . . . . . . . . . . . . . ROADS, (see “Highways”) — AID to adjoining municipality, for NAMES of, registration of OPENING of, by-laws as to To be kept in repair by City ...... ROAD commissioners, by-laws ap- pointing - . . . . ROAD surveyors, by-laws respect- ing . . . . . . . . . . . . . . . . . . . . (see “Assessment Roll,” “Tax Roll”) "ROOFS, by-laws respecting ..... ROOFS, scuttles to - ROUGE-ET-NOIR tables, by-laws respecting . . . . . * * * * * * * * * * * * sº ROLL, specting . . . . . . . . . . . . e PAGE. 229 224 226 226 231 222 199 227 231 200 200 .205, 207 207 211 211 RUBBISH, by-laws respecting. 207,213, 217 RULES of the road S SALE OF LANDS—Continued. CITY may exchange, lease or sell lands purchased by it. . . . . . . . . CITY may purchase, when........ CITY may resell, when . . . . . . . ...: DATE of sale, what taken to be.. DISTRICT Registrar not bound to enquire into regularity of . . . . . DISTRESS, enquiry for unnecessary ERROR, etc., lands sold in........ INDEMNITY to owner for illegal. . LANDS liable to be sold, to be listed . . . . . . . . . . . . LISTED land only to be sold. . . . . . LANDS sold for more than ar- rears and costs, procedure. . . . * * * * * * PAYMENT of purchase money. . . . PLACE of sale, how fixed. . . . . . . . PURCHASER, rights of . . . . . . . . . . . PURCHASER to make statement of Iname, etc. . . . . . + - e º ºs e - e. 112 112 113 117 120 109 110 121 108 I09 1.13 111 110 112 110 114 114 xxxv.1LI INDEx. J N. PAGE. SALE OF LANDS—Continued. - - PURCHASE money, application of. 112 REAL Property Act, lands im- properly sold and brought under . . . . . . * * * * * * * * * * * * * * * * , 121. REDEMPTION by Treasurer and its effect . . . . . . . . . . * * * * * * * * • * * * * 110 REDEMPTION of lots sold together 111 trar. . . . . . . . . . . . . . . . . . * RE-SALE on non-payment of pur- . ..]" chase money . . . . . . . . . . . . . . . . •. 113 TITLE, when land vested in Crown 110 WHERE to take place . . . . . . . . .. . . . 110 SALE stables, by-laws respecting. . 225 SAMPLE, by-laws as to sale by... .224 SAND on road allowance, disposi- tion of . . . . . . . . . . . . . . . . . 222 SANITARY necessity, sewer and water connections as . . . . . . 183 SCAFFOLDING, by-laws respect- - ing . . . . . . . . . . . . . • - - - - - - 202,221 SCAVENGERS, by-laws respect- ing . . . . . . . . . . . . . . . . . . . . 217 SCHOOLS, public, exempt from taxation . . . . . . . . . . . . . . . . S1 SEAL, common, powers respecting 3' SECOND-HAND stores, by-laws respecting . . . . . . . . . . . . . . . 225 SECRECY of voting:— BY-LAWS on :- . Declaration of . . . . . . . . . . . . .... 141 Penalty for non-observance of. 140 ELECTIONS at:- Declaration of . . . . . . . . . . . . . . 48, 49 Penalty for non-observance of. 4S SECURITY:— * * AID to industries, to secure con- ditions of . . . . . . . . . . . . . . . . . . 161 CoSTs, for, (sec “Security for Costs *) OFFICERs, of:— - By-laws as to . . . . . . . . . . . . . . . . 201 Guarantee Company's policy, may be by . . . . . . . . . . . . . . . . . 128 SECURITY for costs:— ELECTION petitions, of . . . . . . . . . . 57 Default in giving, effect of. . . . 58 Objections to . . . . . . . . . . . . . . . . 57, 58 Substitution of new petitioner, * llpon . . . . . . . . . . . . . . . . . . . . . 61 SECURITY for costs—Continued. § PAGE. RECOUNT, of votes of:— By-law, on Elections at . . . . . . . . . . . . . . . . . . 50 SEIZURE under levy for taxes, effect and mode of . . . . . . . 104, 105 SEWERAGE, by-laws respecting..., 217 - | SEWER CONNECTIONS:– tº dº e º 'º tº 118. | CITY may direct, to be made. . . . 183 CoMPULSORY on report of Health Qfficer and Engineer . . . . . . . . . 183 COST of, if made by City, how collected . . . . . . . . . . . . . . . . . . . 183. CouncII, may direct making of... 1S3 EQUALIZATION of cost of ........ 182 MAY be made by City as sanitary - necessity . . . . . . . . . . . . . . . . . . . 183 PROPORTIONATE charge for, when sewer not in the middle of the Street . . . . . . . . . . . . . . . . . . . . . . . 182 RED and Assiniboine Rivers, near, regulations, as to . . . . . . . . . . . . 182 - SEWERS, (see “Drain,” “Drain- age *) As SANITARY necessities, Council Imay Construct . . . . . . . . . . . . . . . 18S BY-LAws respecting. 173, 181, 217, 218, 219 CLEARING, etc. . . . . . . . . . . . . . . . . . 217 EXPROPRIATION of land for . . . . . . 218 OUTLETS as to, assessment of cost . of . . . . . . . . . . . . . . . . . . . . . . . . 218 ON BANKS of Red and Assini- boine, provisions as to . . . . . . . 182 RATE per foot for construction of 181 RENTS for using, by-laws respect- 1108 . . . . . . . . . . . . . . . . . . . . . . . 201,219 RETROACTIVE clauses as to . . . . . . 181 INCUMBERING, fouling, etc., of. • . . 217. SHADE TREES, by-laws respect. ing . . . . . . . . . . * * * * * * * s e º e 210 SHEEP, unslaughtered dead, seiz- - ure of . . . . . . . .. . . . . . . . . . . . 202, 213 SHAREHOLDER not disqualified - as elector . . . . . . . . . . . . . . . S SHELTER for cabmen, etc., pro- visions for . . . . . . . . . . . . . . . 221 ~4- SHERIFF, procedure of. under ex- ecution; against City. . . . . . 24S INDEX. XXXIX. 1ng . . . . º *. PAGE. *- 4. - * . PAGE. SHINGLES, measuring of, by-laws SLAUGHTER-HOUSES, bylaws t * respectng . . . . . . . . . . . . . . 216 respecting ..... . . . . . . . . . 212, 213 | SHOE-BLACKS, by-laws respect- '' . SLEIGH-BELLS, (see “Bells") ing . . . . . . . . . . . . . . . . . . . . 226 SLIPS, by-laws respecting . . . . . . . . 219, 226 | SHOE, horse regulations as to SNOW . . - size, etc., of . . . . . . . . . . . . . . * | By-Laws as to removal of....... 219 SHOPS :- . * SOLICITOR, (see, “Attorney ’’) Butchers, by-laws respecting. . . 224 * By-Law may appear on Obiections CARPENTERs', by-laws as to lights , - , I'may app J g & to . . . . . . . . . . . . . . . . . . . . . . . . 131 1n . . . . . . . . . . . . . . . . . . - 207 COSTs of salaried . . . . . . . . . . . . . . . 127 FRUIT . . . . . . . . . . . . . . . . . . . . . . . 223 a - c. g SPECIAL assessments, (sec “Rates’’) INSPECTION of food for sale, in . . 21.3 & * ALIENATION of small strip of land JUNK and second-hand, by-laws - - - as to . . . . . . . . . . . . . . . . . . . 225 to escape . . . . . . . . . . . . . . . . . 174 SHORES, by-laws respecting 219, 226 Appeal. from, how made. * & e º ºs e º & 177 ~, ------s . . . . . 3. ASCERTAINING property liable to. 173, 175 SHORT measurement, penalty for. 216 CoNFIRMATION of, notice of...... 177 SHORT title . . . . . . . . . . . . . . . . . . . . - 1 DRAINAGE for . . . . . . . . . . . . * * * * 173 SHOWS, by-laws respecting . . . . . 211, 223 EXCAVATIONS' for pipe connections 219. SHRUBS, by-laws respecting. . . . . 210 ExPROPRIATION purposes, for .... 251 SIDEWALKS:— IF FIRST insufficient, additional CoNSTRUCTION of, by owner in - may be made . . . . . . . . . . . . . . . . . 174 front of his land . . . . . . . . . . . . 183' LOCAI, improvements, generally, CLEANING of . . . . . . . . . . . . . . . . . 219 for . . . . . . . . . . . . . . . . . . . . . . . . 173, 188 DRIVING on, by-laws for preven- w No POWER to remit after by-law in tion of . . . . . . . . . . . . . . . . . . . . . 220 force . . . . . . . . . . . . . . . . . . . . . . 151 Local improvements, by-laws re- NOT to apply to ordinary cases of specting . . . . . . . . . . . . . . . . . . . . 173 removal or repair . . . . . . . . . . . . 175 REMOVAL of ice, etc., from, by- RATES to be, on frontage. . . . . . . . 174 laws as to . . . . . . . . . * * * * * * * * * * 219 RATEs to be annual, on frontage 174 RIDING on, by-laws to prevent. ... 220 SCAVENGING system . . . . . . . . . . . . 217 SETTING apart portion of street for 222 STREET railway • * * * * * * * * * * * * * * e 194, 195 SIGNS, by-laws as to defacing. . . . 211 STREETS for sweeping and water- PROJECTING, by-laws as to . . . . . . . 21.9 ing . . . . . . . . . . . . . . . . . . . . . . . . 220 ADVERTISING, by-laws as to. . . . . . . 219 SURPLUS of disposition of . . . . . . 152 SINKING FUND :— TIME within which to be paid. . . . 1S6 . BY-LAWS, certain, to provide for. 148 To APPLY to at least twelve feet DEBENTURES, may be used in pur- - of frontage . . . . . . . . . . . . . . . . . .* 174 chasing unsold . . . . . . . . . . . . . . 152 WELLS for covering, etc. . . . . . . . . 212 ILLEGAL investment of, Council WORKS, may be done before as- not to be party to . . . . . . . 158 sessment made . . . . . . . . . . . . . . 176 INVESTMENT of . . . . . . . . . . . . 153, 191, 192"| SPECIAL constables, appointment PROVISIONS as to . . . . . . . . . . . . . . . 189, 192 of at election . . . . . . . . . . . . . 12 SPECIAL account for . . . . . . . * - - - - 191 SQUARES:— --- TRANSFER of, when not invested. . 192 BY-LAWS respecting . . . . . . . . . . . . 217 TRUSTEEs of, powers of . . . . . . . . . . 189, 191 JURISDICTION over, vested in City 231 TRUSTEEs of, meetings of . . . . . . . 190, 191 LANDS, acquisition of, for . . . . . . 251 SINKS, by-laws respecting . . . . . . . 216 LECAL improvement, by-laws re- CLEARING etc., of . . . . . . . . . . . . . . 217 | specting . . . . . . . . . . . . . . . . . . . . 173 CoNSTRUCTION of . . . . . . • * * * - - - - 216 NAMES of, altering . . . . . . . . . . . . 199 SKATING rinks, by-laws respect- | | STABLES:- ing . . . . . . . . . . . . . . . . . . . . 224 INSPECTION of, as to . . . . . . . . . . . .213, 214 XL * INDEX. º & PAGE. * PAGE. STABLES-Continued. . . . STREETS-Continued. * Licensing, by-laws for . . . . . . . . .214, 225 SELLING part of, when new street REGULATING use of fire and light opened . . . . . . . . . . . . . . . . . 222 in . . . . . . ... … . . . . . . . . . 207 SURVEYING, etc. . . . . . . . . . . . . . . . 199 STAIRS and stair-railings, by-laws . . . . SwFEPING of . . . . . . . ... • * * * * * * * * * 220 respecting . . . . . . . . . . . . . . . - 204 To be kept in repair by City.... 231 STATEMENT to be made by per- Use of part of, by builders...... 221 * son assessed for taxes. ... , 93 WATERING of... . . . . . . . . . . . . . . . 220 PENALTY for neglect to supply. . . . 93 WIDENING of . . . . . . . . * * * * * : * * * * * 173,227 AssessMENT commissioner, not STREET RAILWAY:— ... • bound by . . . . . . . . . . . . . . . . . . . 93 AssessMENT of for paving streets. 194,235 STATEMENT. of taxes due :— BY-LAWS respecting . . . . . . . . . . . . 221 CoLLECTOR’s * * * * * * * * * * * * * 107 CARS of, not to run on Sunday utn- STOCK-YARDS, by-laws respect- til affirmative answer to ques- ing . . . . . . . . . . . . . . . . . . . .215, 239 tion on submission to people... 235 STONE on road allowances, dis- - FENDERS to . . . . . . . . . . . . . . . . . . . 221 position of . . . . . . . . . . . . . . . 222 | STUMPS, burning of . . . . . . . . ... • * * 207 STOVES, by-laws respecting. . . . . 207 | SUBURBAN fire halls, debentures STREAMS, (see “Rivers ”) for construction of . . . . . . . 206 |ASSESSMENT for deepening, spe- SUBURBAN police stations, de- f cial . . . . . . . . . . . . . . . . . . . . . . . . 173 bentures for construction of 206 STREET-CARS, fenders to . . . . . . 221 | SUITS to set aside tax sale:– STREET-CARS, running on Sun- BARRED by claim for surplus. . . . . 123 days, as to, submission to IMPROVEMENTS, recovery of, in . . . 124 people . . . . . . . . . . . . . . . . . . 235 NoTICE to be given to Treasurer. 124 STREETS, (see “Highways,” SUITS for taxes by lessee . . . . . . . . 105 “Roads”) SUITS for taxes by City. . . . . . . . . . 107 ALTERATION of . . . . . . . . 195 | SUNDAY :— f BELLs, horses, etc., to have when BY-LAWS as to doing business on 211. driven on, in winter. . . . . . . . . . 220, 239 POLICE CourT need not sit on . . . . 267 BY-LAWS respecting . . . .195, 198, 218-222 STREET cars not to run on (see - Registration of . . . . . . . . . . . . . . . 230 “Sunday Street Car Service ’’) 235 Cost of opening, Council may as- SUNDAY street car service:— Sume part of . . . . . . . . . . . . . . . . 184 APPOINTMENT of agents, etc., at DWELLINGs on narrow, regulation polling . . . . . . . . . . . . * * * * * * * * * 236 of . . . . . . . . . . . . . . . . . . . . . . . . 218 AsSENT of majority of electors FAST driving on . . . . . . . . . . . . . . . 202 voting necessary . . . . . . . . . . . . . 235 DISORDERLY person on, by-laws BY-LAw as to, to be submitted at respecting . . . . . . . . . . . . . . . . . . 211 annual civic election . . . . . . . . . . 237 GRADING of, by-laws respecting. . 173 BY-LAW not to be re-submitted LIGHTING of, by-laws respecting. . 220 within three years after nega- NAMES of by-laws respecting.... 199 tive answer . . . . . . . . . . . . . . . . . 237 OPENING of, by-laws respecting. .173,227 BY-LAW to define extent of service 236 PAVING of, by-laws respecting... 173 DEPUTY returning officers, etc., PROJECTIONS on, by-laws respect- may vote where stationed. . . . . 237 ing . . . . . . . . . . . . . . . . . . . . . . . . 219 NoNE unless affirmative answer PIPES on, gas and water. . . . . . . . 163, 219 to question given . . . . . . . . . . . . 235 RECORD of, to be kept . . . . . . . . . . 199 OATH, to be administered to elec- REGULATIONS, affecting . . . .202–4, 219–222' tors . . . . . . . . . . . . . . . . . . . . . . . 237 SALE in of meat, hay, etc., regu- - PROCEEDINGS, etc., at submission & lation of . . . . . . . . . . . . . . . . . . . 216 of question. . . . . . . . . . . . . . . . . . 235 INDEX. . XLI PAGE. SUNDAY STREET CARS--Contin. QUESTION as to, to be decided by submission of by-law ..... .* * * * 236 VOTERS may cast but one vote..... 236 WHO entitled to vote on question - of . . . . . . . . . . . . . . . . . . . . . . . . 236 SURPLUS, disposition of:— FUNDS generally of . . . . . . . . . . . . 152, 153 RATES over estimates, of . . . . . . . 151 SURPLUS purchase money (tax - sale), recovery of . . . . . . . . 122 SURPLUS purchase money (tax sale), recovery of by owner. 122, 123 PURCHASER, recovery of, by, when sale set aside. . . . . . . . . . . . . . . . TAINTED food, by-laws respecting TANNERIES, by-laws respecting. TAVERN, election not to be held in TAX, minimum on any parcel of land . . . . . . . . . . . . . . . . . . . * TAXATION of property exempt under Railway Taxation Act, none . . . . . . . . . .. . . . . . TAX ROLLS :— ARREARS column for, in . . . . . . . . BUSINESS, to be separate from general . . . . . . . . . . . . . . . . . . . . . CONTENTS of, real property as- Sessment . . . . . . . . . . . . . . . . . . . . CUSTODY of . . . . . . . . . . . . . . . . . . DATE of tax notice, entry of, in . . NOTICE of taxes due . . . . . . . . . . . . PREPARATION of . . . . . . . - - - - - - - - - TAXES upon very small assess- ments . . . . . . . . . . . . . . . . . . . . . TENANTs’ names need not be en- tered in general . . . . . . . . . . . . . . TAX SALE, (see “Sale of Lands for Taxes”) TAX SALES FUND:— FEES payable on petition for pay- ment out of . . . . . . . . . . . . . . . . e LIMITATION of time for claim upon . . . . . . . . . . . . . . . . . . . . . . PROCEEDINGS on claims against... THIRD party interested in . . . . . . . WHO entitled to claim against... 212 213 11 102 93 102 101 101 102 103 103 101 102 $ PAGE. ' SURPLUS—Continued. * SUIT against City barred when order made by Registrar or Judge . . . . . . . . . . . . . . . . . . . . * . 123 SURVEYOR:— - CITY, must certify plans . . . . . . . . 262 ROAD :— º Appointment of, etc., of . . . . . . 200 Entry of, on lands. . . . . . . . . . . . 229 SURVEYS, (see “Surveyor”) BUILDING lots in city of, require approval of City Surveyor. . . . . 263 ROADS by government, confirmed. 230 SWINE, keeping of . . . . . . . . . . . . . • 213 SWINE, unslaughtered dead, seiz- --- tire of . . . . . . . . . . . . . . . . . . 213 TAXABLE PROPERTY ......... 81 OWNED out of City. . . . . . . . . . . . . . S2 TAXES, (see “Licenses,” “Rates”) DOGS, on . . . . . . • . . . . . . . . . . . . . . 201 EXEMPTION from, by-laws grant- ing . . . . . . . . . . . . . . . . . . . . . . . .82 WHEN due . . . . . . . . . . . . . . . . . . . 105 TAXES, collection of ............: 102 MAY be levied on real or personal property . . . . . . . . . . . . . . . . . . . • 107 PERCENTAGE on unpaid .......... 103 SUIT to recover . . . . . . . . . . . . . . . . 107 UNPAID may be levied for . . . . . . . 104 WHEN due . . . . . . . . . . . . . . . 105 TELEGRAPH companies, by-laws respecting . . . . . . . . . . & e º 'º 224 POLES, by-laws respecting........ 220 TELEPHONE companies, by-laws respecting . . . . . . • ‘. . . . . . . . 224 POLES, by-laws respecting...'.... 220 TENANT, term defined . . . . . . . . . . 10 TENANTS :- ELECTORS, when qualified as...... 9 NAMES of, need not be inserted in Realty Tax roll . . . . . . . ... • * * 101 TENDER, appointment of officers by, prohibited . . . . . . . . . . . . 127 COMPENSATION of, in expropria- tion cases. . . . . . . . . . . … .251 ELECTIONS, vote at, proceedings... 39 XLII INDEX. TENDER of amends:— ILLEGAL by-law, etc., for acts done under . . . . . . . . . . . . . . . . . . . . . . 146 NEGLIGENCE, for damages arising from . . . . . . . . . . . . 247 TERM OF OFFICE:— ALDERMAN . . . . . . . . . . . . . . . . . . . 10 MAYOR . . . . . . . . . . . . . . . . . . . . . . 10 OFFICERS, employees, etc. . . . . . . . . 127 THEATRES, by-laws respecting construction of . . . . . . . . . . . 204 BY-LAws, lighting and protection g from fire . . . . . . . . . . . . . . . . . . . . 204, 205 TIMBER on road allowance, dis- position of . . . . . . . . . . . . . . 222 TIME :— w * HOLIDAY, in computation of . . . . 2 METHOD of computing for pur- - poses of charter . . . . . . . . . . . . . . 2, 3 NoMINATION and election, between 13 Poll, to be kept open, in which.. 13 TIE, (see “Casting Vote”) TIRES and wheels by-laws as to.. 220 TITLE to lands sold for taxes. . . . 117 APPLICATION for, to District Reg- istrar . . . . . . . . . . . . . . . . . . . . . . 118 CERTIFICATE of, when to issue... 119 CITY may apply and include many parcels in one application. . . . . 120 CITY may assign after application, how . . . . . . . . . . . . . . . . . . . . . . . 120 FEES payable on applications for. 120 PROCEDURE to obtain . . . . . . . . . . . . 118 TAX deed not to issue . . . . . . . . . . 118 TREASURER to make return to Registrar of lands unredeemed 118 VESTING certificate not to issue. . 118 TOBACCO, by-laws respecting sale of . . . . . . . . . . . . . . . . . . . . . . 225 “TO VOTE,” meaning of term. . . 3 TOMB, desecration of ... . . . . . . . . 199 TRADERS:– “. LICENSING of, by-laws as to...129, 222, 224 Fees, how fixed . . . . . . . . . . . . . . 129 Transient, term defined . . . . . . . 222 TRADES, dangerous, by-laws as to 207 TRADING STAMPS, by-laws re- specting . . . . . . • * * * * * * * * * * 224 TRAMWAYS, by-laws respecting. 221 TRANSFER of debentures. . . . . . . 155 TRANSIENT TRADERS, by-laws respecting . . . . . . dº ſº tº e º s º º 222 TERM defined . . . . . . . . . . . . . . . . . . 222 PAGE. PAb}. TRAVELLING expenses, of mem- & bers of Council . . . . . . . . ... iść TRAVELLING on highways...... 23% TREASURER — ACTING . . . . . . . . . . . . . . . . . . . . . . 80 ACTING, may be male or female.. S1 APPOINTMENT of . . . . . . . . . . . . . . 80 BY-LAws affecting. . . . . . . . . . . . . . . 80 DECLARATION of office of ......... 125 DUTIES of . . . . . . . . . . . . . . . . . . . . . 80 Applications of moneys, collect- ed under by-law . . . . . . . . . . . . 80, 155 Borrowing money, for current - expenses, when authorized to 147 Executions against City in cases of . . . . . . . . . . . . . . . . . . . . 247–249 How performed . . . . . . . . . . . . . . 80 Keep debenture registry book, to . . . . . . . . . . . . . . . . . . . . . . . . 155 Keep debentures and bonds is- sued by the City . . . . . . ‘. . . . . . 80 INDEMNIFIED for acts done by direction of Council . . . . . . . . . . 80 INSPECTION of books, etc., of.... 160 PAYMENT to, of sums collected by District Registrar on sale of lands for taxes . . . . . . . . . . . . . . 121 RETURNS of, to District Registrar on sale of land for taxes. . . . . . . 115 SECURITY to be furnished by.... 80 SUFFICIENCY of, to be enquired into by Council . . . . . . . . . . . . . . 80 STATEMENT of, to District Regis- trar of arrears of taxes due upon lands sold for taxes. . . . . . 115 To be of full age, etc. . . . . . . . . . . . S1 To MAKE duplicate receipts. . . . . . 159 To PAY wages and salaries. . . . . . 159 To REPORT delinquencies of officers . in payment in of money. . . . . . . , 159 To KEEP separate account of bi- cycle path funds . . . . . . . . .... 244 WRITs of execution against City, copy of, to be left with. . . . . . . ' e 248 TREATING a corrupt practice, when . . . . . . . . . . . . tº º is e º gº 65 TREES :— BURNING of, regulations as to. . . . 207 INJURY to, penalty for . . . . . . . . . . 234 PLANTING of, by-law, local im– provement . . . . . . . . . . . . . . . . . . 173 PLANTING of regulations as to. .210, 234 t INDEX. XLIII * PAGE. IPAGE. TREES.–Continued. V. TRESPASSING :— , - | PRESERVING and planting, by-laws ANIMALS, by, by-laws respecting. 209, 210 as to . . . . . . . . . . . . . . . . . . . . . . 210 ROADS, in opening . . . . . . . . . . . . . . 230 PRESERVING or selling, on road al- TRUSTEES:— lowance . . . . . . . . . . . . . . . . . . . . * | CoNTRACTs of, as to lands..... ... 252 PROPERTY in . . . . . . . . . . . . . . . . . . 234 SINKING fund . . . . . . . . . . . . . . . . I89–192 REMOVAL of . . . . . . . . . . . . . . . . . . *34 TUBERCULIN TEST, by-laws as SALE, etc., by-laws as to........, 222 to . . . . . . . . . . . . . . . . ‘. . . .214, 215. . SHADE and ornamental, planting of 235 & UNBORN issue, contracts, etc., as UNPAID taxes, tax roll, evidence - to lands . . . . . . . . . . . . . . . . 252 - of when showing arrears. . 104 UNDUE influence:— UNSAFE buildings, provisions for CoRRUPT practice, a . . . . . . . . . . . . 66 removal of . . . . . . . . . . . . . . 203 DEFINITION of . . . . . . . . . . . . . . . . . 66 UNSANITARY buildings, regula- - UNOCCUPIED lands, assessment Af tions to abate . . . . . . . . ‘. . . .218, 239 of, for taxes . . . . . . . . . . . . . 84 URINALS, lavatories, etc., in s streets, by-laws respecting. 218 VACANT lots, by-laws as to en- VAGRANTS:— closing . . . . . . . . . . . . . . . . . . 208 ARREST of, by police . . . . . . . . . . . . 271 SALE of meat, hay, etc., regulating 216 BY-LAws as to . . . . . . . . . . . . . . . . 211 CLEARING, draining, etc., of. . . . . . 217 | VALUATOR, by-laws appointing. 200 VACANCIES in Council:— VEGETABLES, regulating sale of 216 APPOINTMENT of, to fill, if electors VEHICLES:— neglect . . . . . . . . . . . . . . . . . . . 56 BELLs, driving without . . . . . . 220, 239, 244 Persons appointed to make de- BY-LAWS as to . . . . . . . . 202, 216, 220, 221 clarations, etc. . . . . . . . . . . . . . 56 FoR hire, stands for . . . . . . . . . . . . 221 CAUSES of :— . e - g HIRING, by-laws as to . . . . . . . . . . . 225 Disqualification . . . . . . . . . . . . . 54, 55 - e - º IN MARKETS with goods for sale. 216 Forfeiture of seat for crime, R f d i ti d insolvency, etc. . . . . . . . 8, 54 ules or road in meeting an Resignation of seat. . . . . . . . . . . . 55 DaSS1119 . . . . . . . . . . . . . . ‘. . . . . . . 237, 238 ELECTIONs to fill — - VENTILATORS, roof, by-laws re- . . Mayor of, after 1st December.. 55 Specting . . . . . . . . . . . . . . . . 205 Proceedings at and prior to.... 55, 56 VENDOR and purchaser, unaccrued Term of office of persons elect- assessments for local im- ed at . . . . . . . . . . . . . . . . . . . . 55, 56 provements not deemed en- Time of holding . . . . . . . . . . . . . . 56 cumbrances . . . . . . . . 173 Warrants for, when previous to VESSELS, by-laws as to . . . . . . . . 217 organization for year . . . . . . . 56 | VENDORS, milk, regulation of... 214 Persons elected for, to hold of- VETO of by-laws, etc., authorizing fice for residue of term. . . . . . 55, 56 expenditure of money . . . . 7S Proceedings to unseat member VICE, by-laws for preventing. . . . . 211 disqualified . . . . . . . . . . . . . . . . - 55 || VICTUALLING-HOUSES, by- VACANT lands, assessment of for laws respecting . . . . . . . . . . 223 taxes . . . . . . . . . . . . . . . . . . 85 VITAL statistics, annual returns of 102 XLIV INDEx. VITAL statistics, endorsement as to on tax notice . . . . . . . . . . VOTE, casting (see “ Casting Vote”) VOTE, repeating, at elections, pen- alty for . . . . . . . . . . . . . . . . . VOTER, (see “Electors”) DIRECTIONS for guidance of:— Elections, at . . . . . . . . . . . . . . . . . . Voting on by-laws, in . . . . . . . . DISCLOSE vote, not to be com- pelled to . . . . . . . . . . . . . . . . . . . . . INQUIRIEs that may be made of.. INTERFERENCE with, prohibited . . MUST be named in list of electors OATH of, (see “Oaths”) QUALIFICATION of, elections at... QUALIFICATION of, voting on by- laws on . . . . . . . . . . . . . . . . . . ... RECEIPT of ballot, by, effect of.... VOTING (see “Elections,” “Vot- ing on By-Laws”) BALLOT, by (see “Ballot”) BALLOT, marking j BY MACHINE, provisions and reg- ulations for . . . . . . . . . . . . COMPARTMENTs for . . . . . . ExcLUSION of others than voters from . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * INCAPACITY to mark ballot, in case of . . . . . . . . . . . . . . . . • * tº e º º WALLS and beams, by-laws re- specting. . . . . . . . . . . . . . . . WARD assessment for taxes WARDS:— DIVISION into, of City ... . . . . . . . . WARRANT :— - DISTRESS for penalty for breach of by-laws, to levy. . . . . . . . . . . . Money to be paid out and only on, of Comptroller New election to fill vacancy in Council, for PAYMENTs of accounts, etc., for. . SALE Öf lands for taxes 108 specting . . . . . . . . . . . . . * * * * * * * PAGE. - a' PAGE. º VOTING—Continued. -- 103 . MODE of . . . . . . . . . . . . . . . . . . . . . . 39, 43. - By Macdonald voting machine. 68, 142 Explanation of . . . . . . . . . . . . . . . 40 37 OBJECTIONS to . . . . . . . . . . . . . . . . . 40, 138 PLACE of . . . . . . . . . . . . . . . . . . . . . 37, 38 137 QUESTION of qualification not be raised on . . . . . . . . . . . . . . . . . . . 9 15 SECRECY of (see “Secrecy of Vot- 134 ing ”) * VOTING on by-laws (see “By- 49 & law,” “Voter,” “Voting.”) 138 AGENTS for, appointment of. . . . . . 132 140 BALLOT, form of, for . . . . . . . . . . . . 132 9 BALLOT, to be by ............... 134 DAY of, to be fixed by Council. . . 131 9 DECLARATION of result of........ 140, 141 DEPUTY returning officer's duties 137 after . . . . . . . . . . . . . . . . . . . . . . . 138, 140 37 MACDONALD voting machine, by . . 142 MODE of, similar to that at election 135 NOTICE of . . . . . . . . . . . . . . . . . . . . 131 LIST of electors for . . . . . . . . . . . . . 134 41 OBJECTIONS to . . . . . . . . . . . . . . . . 138 PASSING of by-law after. . . . . . . . . 144 . 68, 142 PROCEEDINGs preliminary to . . . . . 131, 132 WHERE to be held (see “Polling 15 Places.”) - WHO entitled to vote at . . . . . . . . . 137 41 WHO may be present at . . . . . . . . . 133 37 || VOTING PLACE, where electors may Vote . . . . . . . . . . . . . . . . . 37 42 W WATER, City, by-laws compelling 205 use of . . . . . . . . . . . . . . . . . . 213 92 || WATER, fouling of by animals, etc. 217 WATER-CLOSETS, by-laws re- 4-7 specting . . . . . . . . . . . . . . . .216, 218 WATER-CONNECTIONS, com- h pulsory on report of Health 227 Officer and Engineer . . . . . 187, 188 WATER-COURSES :— a 160 BY-LAWS respecting . . . . . . . . . . . . 217 CLEANSING, by-laws for . . . . . . . . 217 55, 56 LANDS, acquisition of, etc., of for. 200, 251 157 LOCAL improvement, by-laws re- 173 INDEx. XLV thorized . . . . . . . . . tº e is a e e º e s e e * PAGE. PAGE. WATER-GATES, by-laws respect- WATERWORKS, CITY-Comt. ing . . . . . . . . . . . . . . . . . . . . 208 CITY:— s # WATER-PIPES, power to lay. . . . 163 Power to construct . . . . . . . . . . . 273 WATER-PIPES, service, cost to Power to enlarge and add to.. 272 be paid by City . . . . . . . . . . . 279 Power to employ engineers and * WATERPOWER, Assiniboine. other officers . . . . . . . . . . . . . . 272 WATER RATES, may be required Power to rent or purchase for to be paid in advance...... 284 waterworks purposes ....... 272 WATER SUPPLY, (see “Water- Power to lay pipes in streets, works, City.”) - roads, etc. . . . . . . . . . . . . . . . . 273 BY-LAWS respecting . . . . . . . . . . . . 212, 271 Duties of, in respect of supply - WATERWORKS, CITY:— of pure water . . . . . . . . . . . . . . 272 ACTIONS, damages for injury, etc., Resumption of control of works to works . . . . . . . . . ... • e < * * * * * * 275 after commissoners appointed 286 For use of water, damaging May exercise powers by com- works, etc., City may prose- missioners . . . . . . 3 • - - - - - - - - 284 cute and defend . . . . . . . . . . . . 281 COLLECTORS, City, may be employed 277 ARBITRATORS:— CoMMISSIONERS:- - § Appointment of, in expropria- City, may exercise its powers tion cases . . . . . . . . . . . • * * * * * 273 by . . . . . . . . . . . . . . . . . . . . . . . 284 Before whom to be sworn as . . . 273 City, resumption of control of Notice to, to proceed with in- works by . . . . . . . . . . . . . . . . . 286 vestigation. . . . . . . . . . . . g º 'º º 273 Elected to be . . . . . . . . . . . . . . . . 284 Oaths of . . . . . . . . . . . . . . . . . . . 273 Powers of . . . . . . . . . . . . . . . . . . 284 ARBITRATION, procedure in cases Council to supply money to on of . . . . . . . . . . . . . . . . . . . . . . . . . 272,273 certificate . . . . . . . . . . . . . . .. . . . 285 AssessoRs, City, may be employed 377 Number and term of office of.. 285 AWARD :— - Vacancy on board of . . . . . . . . . 285 May be set aside by Court of Quorum for transaction of bus- King's Bench . . . . . . . • . . . . . . 273 iness . . . . . . . . . . . tº e s s a s e e e e 285 Amount of, to be paid within Qualifications of . . . . . . . . . . . . . 285 three months . . . . . . . . . . . . . . 273 Oath of office of clerks, etc., of 287 Amount not so paid, rights of Oath of office of . . . . . . . . . . . . . 287 proprietor revive . . . . . . . . . . . 273 Oath of qualification . . . . . . . . . 285 After award and payment lands, Vacancies, how caused . . . . . . . 285 etc., vest in City . . . . . . . . . . . . 273 Salaries of . . . . . . . . . . . . . . . . . . 286 BATHING or washing clothes, Not to be interested in con- skins of animals, within one tracts . . . . . . tº $ e º tº $ tº e º e º e º º 286 mile of source of supply, pen- Accounts of, keeping of . . . . . . . 286 alty for . . . . . . . . . . . . . . . . . . . . 277 Annual report to Council . . . . . 286 BOOKS and accounts, separate, as To furnish as required inform- to waterworks to be kept...... 275 ation to Council . . . . . . . . . . . . 287 Borrow.ING powers for water- To pay over moneys collected works Dllr DOSes . . . . . . . . . . . . . 281, 283 quarterly or as directed by BoRRowING powers, additional to Council . . . . . . • * g e s e e s e s a e 287 those already possessed . . . . . . . 283 Treasurer, City, to be Treasurer BY-LAws for general manage- of . . . . . . . . ... • . . . . . . . . . . . . . . 287 ment and enforcement of pow- COMMUNICATING with pipes with- * CIS . . . . . . . . . . . . . . • . . . . . . . . . 276 out consent of City, penalty. ... 277 BY-LAWS for collection of water e CoMPENSATION for entry upon rates . . . . . . . . . . . . . . . . . . . . . . e 277 lands . . . . . . . . . . . . . . . . . . . . . . 274 BY-LAWS for selling, giving or CoNDUITs, construction of, au- wasting water, prohibiting. . . . . 278 - 273 YI, WI *, INDEX. . S. -º-º: - : . PAGE. WATERWORKS, CITY-Cont. DAMS, construction of, author- ized. . . . . . . . . . . . .. . . . . . . . . . . . 273 DEBENTUREs for waterworks pur- 'poses . . . . . . . . . . . . . . . . . . . . . . 282 DISABILITY, expropriation of lands of persons under ............. 273 DISQUALIFICATION, user of water by member of Council, not to be a . . . . . . . . . . . . . . . . . . . . . . . . 283 DISTREss for water rents author- ized . . . . . . . . . . . . . . . . . . . . . . . . 277 L)ISTRIBUTION and price of water. 276 DUTIEs of City in respect of supply of pure water . . . . . . . 272 ENTRY upon premises receiving water, to inspect . . . . . . . . . . . . . . 280 ENTRY upon premises, power to enter and inspect meters. . . . . . . 280 ENGINEERS, power to employ..... 272 ExEMPTION from taxation, works and appurtenances are . . . . . . . . 283 ExECUTION, materials procured by City under contract, exempt from . . . . . . . . . . . . . . . . . . . . . . 275 ExPROPRIATION of land, procedure in cases of . . . . . . . . . . . . . . . . . . . 272,273 ExTENSION of service to suburbs, arrangements for . . . . . . . . . . . . 281 Foul.ING water supply, penalty for 277 FRONTAGE assessment of lots past which water mains are laid. . . .276, 279 FRONTAGE assessment lien upon - realty . . . . . . . . . . . . . . . . . . . . . . 279 FRONTAGE assessment distinct from price of water . . . . . . . . . . 280 FUNDs, management and disposi- tion of . . . . . . . . . . . . . . . . . . . . . 276, 277 GIVING away water by person to whom supplied, penalty . . . . . . . 278 HINDERING servants of City in exercise of powers, penalty. . . . 274 HYDRANTs, etc., , unlawfully inter- fering with . . . . . . . . tº e g tº e º º º 280 HYPOTHECATION of works and lands to secure debentures. . . .282,283 INFANTs, expropriation of lands of 273 TNSANE persons, expropriation of - lands of . . . . . . . . . . . . . . . . . . . . 273 LANDS expropriated, etc., appli- cation of moneys arising from sale of . . . . . . . . . . . . . . . . . . . . . 280 *. . * PAGE. WATERWORKS, CITY-Cont. LANDS expropriated vest - in City after award and payment. . . . . . 273 LANDs, expropriation of, proced- * life . . . . .. . . . . . . . . . . . . . . . . . . . 272,273 LANDS hypothecated to secure de- bentures . . . . . . . . . . . . ....... 282 LANDS outside City and within 100 miles thereof may be enter- ed upon, etc. . . . . . . . ... * > * * * * 272 LANDs, sale of, when no longer required for waterworks pur- POSes . . . . . . . . . . . . . . . . . . . . . . 280 LIMITATION of actions as to water- - works . . . . . . . . . . . . . . . . . . . . . . 283 MACHINERY, erection of, author- ized. . . . . . . ... . . . . . . . . . . . . . . . . 272 MARRIED women, expropriation of lands of . . . . . . . '• * * * * * * * * * *. . . 273 MATERIALS procured under con- tract by City exempt from ex- ecution . . . . . . . . . . . . . . . . . . . . . 275 METERS, regulations respecting placing upon service pipes..... 280 METERS, may be installed by City in buildings . . . . . . . . . . . . . . . . . . 280 NOTICE, arbitrators, to, to proceed with investigation . . . . . . . . . . . . 273 OATHS, arbitrators of . . . . . . . . . . . 273 . OFFICIALs, City, may be employed in management . . . . . . . . . . . . . . 277 PAYMENT, award of amount of. . . 273 PAYMENT of water rates. . . . . . . . 277 PAYMENT of water rates may be required in advance .......... 284 PENALTY:— & 3. Applications of . . . . . . . . . . . . . . 275,278 Bathing or wāshing wool, skins, etc., near source of supply... 277 Fouling water, injuring works for . . . . . . . . . . . . . . . . . . . . . . 277 Hindering servants of City. . . . 274 Non-payment of amount of award for . . . . . . . . . . . . . . . . . 273 Obtaining water from mains or pipes without permission. . . . 277 PIPES :— Entry upon lands to lay. . . . . . . 273 - Laying of, cost, how defrayed.. 279 Laying service pipes, City to bear all cost of, to street line 279 PRICE of water and times of pay- * ment, City to fix . . . . . . . . . . . . . 276 . - { INDEX. - - º * , XLVII ‘. . w PAGE. § PAGE. WATERWORKS, CITY-a-Comt. WATERWORKS, CITY-Cont. PURCHASE of, construction and WoRKS:— . . . management of waterworks ... .271-273 Hypothecated to secure deben- - REGULATION of distribution of tures . . . . . . . . . . . . . . . . . . . . . 283 water . . . . . . . . . . . . . . . . . . . . . . 276 Power to erect on lands expro- RESERVOIRS, construction of, au- priated . . . . . . . . . . . . . . . . . . . 272 thorized . . . . . . . . . . . . . . . . . . . . 273 Vested in City . . . . . . . . . . . . . . . 273 RETURN showing statement of af. WATERWORKS connections:— fairs to be annually made to CITY may make as Sanitary neces- Lieutenant-Governor . . . . . . . . . 275 sity . . . . . . . . . . . . . . . . . . . . . . . . 183 RETURN, what to contain . . . . . . . . 275 Cost of when so made, how col- RATES, water (see “Water Rates’’ lected . . . . . . . . . . . . e e e s & e e ... • * ,e 183 post.). - . . WATERWORKS COMPANY:— When collected to be paid over RIGHTS of existing, saved. . . . . . . 162 to Treasurer . . . . . . . . tº tº tº ſº e tº 276 | WATERWORKS system, expropri- REPAIRs, defrayment of cost of... 279 “ation of land for • * * : - - - - - 272 REVENUES of waterworks, appli- WEEDS, noxious, by-laws respect- - cation of . . . . . . . . . . . . . . . . . ... 283 ing . . . . . . . . . . . . . . . . . . . . 201 SELLING water by person to whom WEIGHING lime, coal, etc., by- supplied, penalty . . . . . . . . . . . . . 278 laws regulating . . . . . . . . . . 216 - SERVICE pipes:— WEIGH-SCALES, public, by-laws City not liable for damage to, respecting . . . . . . . . . . . . . . . . 215 when . . . . . . . . . . . . . . . . . . . . . 280 | WEIGHTS and measures:— * Cost of laying, how defrayed. . 279 BY-LAWS respecting . . . . . . . . . . . . . 216 STOP-COCKS, use of defined . . . . . . . . 279 INSPECTION of . . . . . . . . . . . . 216 SUBURBs, extension of service to. 281 | WELLS :— SURVEY, power of entry upon land - ENCLOSING or covering up, by- for . . . . . . . . . . . . . . . . . . . . . . . . 272 laws respecting . . . . . . . . . . . . . . 212 SURVEYORS, power to employ. . . . . 272 ESTABLISHING, etc. . . . . . . . . . . . . . 212 TAPs, to be approved by City. ... 280 PROTECTION of . . . . . . . . . . . . . . . . 212 TREASURER, City, to be Treasurer PUBLIC, protection of . . . . . . . . . . . 212 of Commissioners . . . . . . . . . . . . 287 | WHARVES :– VACANT property, rating and tax- BY-LAWS respecting . . . . . . . . . . . . 219, 226 ing of . . . . . . . . . . . . . . . . . . . . . . 281 DEBTS for construction, contract- WATERWORKs, construction of au- ing . . . . . . . . . . . . . . . . . . . . . . . . 147 thorized . . . . . . . . . . . . . . . . . . . . 71, 272 PREVENTION of injury to . . . . . . . . 219 WATERWORKs, control of . . . . . . . . 281 | WHEELS and tires, by-laws as to 220 WATER, selling of by person to WIFE as witness for or against whom supplied, penalty . . . . . . . 278 husband . . . . . . . . . . . . . . . . 265 WATER, privileges, purchase and WINNIPEG electric street railway, expropriation of . . . . . . . . . . . . . 272 rights of, saved . . . . . . . . . . 169 WATER rates:— WIRE fences, by-laws respecting.. 208 City to fix amounts of... . . . . . . 276 WITNESSES in prosecution:— Assessment of . . . . . . . . . . . . . . . . 276 CoMPELLING attendance of . . . . . . 265 Disposition of proceeds of..... 276 COMPELLING attendance of by Frontage, distinct from price of police commissioners . . . . . . . . . 269 Water . . . . . . . . . . . . . . . . . . . . 279 COMPETENCY of . . . . . . . . . . . . . . . . 265 Lien upon realty to be . . . . . . . . 276, 279 CONVICTION on oath of one. . . . . . 264 Method of collection of . . . . . . . . 279 || WITNESSES on trial of election WATER supply, pure and adequate, petition . . . . . . . . . . . . 59, 60 to be provided . . . . . . . . . . . . . . . . 272 ATTENDANCE of, how enforced... 59 XLVIII INDEX. T WITNESSES-Continued. Crimination not excused from discovering on ground of.... Certificate of Judge protecting. Cross-examination of COMPLAINANTS competent as . . . . FEEs of . . . . . .- HOW summoned and sworn . . . . . RATEPAYERS not incompetent as, where City interested WITNESS re corrupt practices:— EVIDENCE of, to be taken viva voce WOMAN, (see “Female.”) YARDS, by-laws respecting:— CLEANING, as to FIRE for protection from........ . PAGE. 217 206 WOOD :— $ MONOPOLY of, in market forbidden RACKS for, on market, by-laws as to • e e s tº e - e. e. e. e. e. e. e. e. & & e º e” - e s e e REGULATING sale of . . . . . . . . . . . . WORK, inter-municipal. . . . . . . . . . . WORKHOUSE, by-laws as to..... WORKMEN, protection of WORKS, local improvement, Imay be completed before assess- ment made w PAGE. 215 216 216 : .222 200 202 176 WRIT of execution, (see “Execu- tions.”) Y. YEAR, fiscal, of City YOUNG Men's Christian Associa- tion, exemption from taxa- tion * c tº º e º & e º e º 'º º e º e º sº º e 160 161 —— | | \\ TT | 921 | | 7749 № ： • • • • • • • –ſ）. . • • • • • ∞ � § { • * * *