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The Victoria Incorporation Act, 1864
B.C. Historical Documents Collection
A BILL, INTITULED "AN ACT TO REPEAL THE 'VICTORIA INCORPORATION ACT, 1862,' AND TO MAKE CERTAIN PROVISIONS IN LIEU THEREOF. ... 247. This act may be cited for all purposes as "the Victoria incorporation act, 1864.
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A BILL '5 Intituled " An Act to repeal the 'Victoria Incorporation Act,* 1862/ and to make certain provisions in lien thereof.'' WHEREAS it is expedient to repeal the 4t Victoria Incorporation Act, 1862," and to niake provisions in lie u thereof, Preamble Be it, therefore, enacted by the Governor on Her Majesty's behalf, by and with Enacting clause the consent of the Legislative Council and Assembly of Vancouver Island and its Dependencies, as follows : 1. From and after the passage of this Act, the said ''Victoria Incorporation RrFaaincorpora- Aet 1862" shall be repealed, but the By-laws duly made under the said Act, and now tion Act>186^' in force, shall continue until repealed or altered by the Council, and the validity of all such By-laws shall be determined in the same manner as if the said •'Victoria Incorporation Act 1862'' had not been repealed, and this Act had not been passed. 2. The inhabitants of the City of Victoria within the limits more specifically incorporation of described in the Schedule A to this Act annexed, shall be a body Corporate from torutyof Vlc and after the passage of this Act, under the name and style of the "Corporation of Victoria," having a perpetual succession and a Common Seal, with power to hold lands Rights and liabi- and hereditaments or any estate therein ; but the said Corporation shall be liable for corporation01* all the legal debts and liabilities now due by the Corporation at the time of the pas- trannfered to sage of this Act, and shall have the same remedies for the recovery of all legal liabil- the ucw ities and debts now due, that belonged to the Corporation under the "Victoria Incor- ation Act 1862." 3. The Government of the City shall, subject to the provisions of this Act be ^eity^uder the placed under the control of a Council. council 4. The Council of the City of Victoria shall consist of the Mayor, who shall be ^o^uZ™?*** Head thereof, and of two Councillors for each Ward, except the Number One (1) 8 councillor*0 Ward, and the Number Fve (5) which shall be represented respectively by one Councillor only. 5. The said City shall be divided into five Wards, namely : P*nto°w?rdf * Ward Number One (1,) Ward Number Two (2,) Ward Number Three (3,) Ward Number Four (4,) Ward Number Five (5.) 6. The boundaries of the said City, and the areas of the said respective Wards °and 'area* of shall be as more particularly described in the Schedules A and B of this Act an- Ward" nexed. 7. The Qualifications of the Mayor and Councillors shall be as follows :— ~ ... ,. , t» . i x-w ... i t • t* n ii i • .it • i « i ••/, - Qualifications of Being a male British subject of full agre, having resided within the Colony of Mayor &coun- Vancouver Island and its Dependencies, for a space of twelve calendar months c,llora previous to election ; being at, and having been for three calendar months next preceding the time of election rated on the assessment roll of the said city in respect of real estate to at least the value of $500, or leasehold of one thousand dollars. Provided always that at the first election of a Mayor and Councillors, the qualification of such Mayor and Councillors shall as to property be as follows : Possession in his own right of real property within the city to the market values respectively of five hundred dollars worth of freehold property, or of one thousand dollars worth of leasehold property. 8. The disqualifications of Mayor and Common Councillors shall be as follows: Being a minister of any religious denomination; being a sheriff or sheriff's Disqualifications officer ; being a member of the Legislative Council or Assembly : being a bankrupt cou*nca°icrsand debtor, felon or outlaw ; having taken the oath of allegiance to, or having become the subject or citizen of any foreign state or nation, unless he shall subsequently thereto have taken the oath of allegiance to Her Majesty, her heirs and successors, before the Chief Justice of Vancouver Island six months at leasfc before the term of election ; having directly or indirectly any contract with the Corporation ; being a naval or military officer on full pay; or the judge of any court of criminal or civil jurisdiction, other than a justice of the peace; or being in receipt of any allowance from the Corporation. , 9. All persons over sixty years of age, all. persons in the Civil Ser- _ _ vice of the Crown, all persons in priests orders, clergymen, and min- seTvinga/JSJ isters of the gospel of every denomination, all barristers, attornies, and soli- J)randCouncil- citors in actual practice, all officers of courts of justice, all. members of the medical profession, whether physicians or surgeons, all professors, masters, and teachers of any university, college or school, now or hereafter to be,within the city limits, and all Firemen belonging to an authorised Fire Company are exempt, from being elected or appointed Mayor or Councillors or to any other corporate office. 10. The qualification of Voters shall be as follows : '" •' Being a male British subject of full age, haviug resided in Vancouver Island or "votersloni its dependencies for the space of three calendar months preceding the election at which he tenders his vote, and being rated for the support of the Corporation, and being registered therefor upon the la^t Revised List of Municipal Voters. Provided always that at the first election of Mayor and Councillors the voters, shalt be persons at that time registered on the list of voters for the election of representatives of the city of Victoria, and at such election each voter on such list shall have a vote for each Councillor and one for the Mayor, such vo^es to be given at one time and place. U. The disqualification of voters shall be as follows : Being a bankrupt, felon, or outlaw ; having taken the oath of allegiance to, or Dof^oteratloa L2] become a citizenof or subject of any foreign state or power, unless three months' previously to the election at which he tenders his vote lie shall have sworn "allegiance to Her Majesty, her heirs and successors, before the Chief Justice of Vancouver Island and its Dependencies. Election ofMayor 12. The Mayor shall be elected in the manner herein-mentioned. Mayor must hare 13; The candidate for the office ofMayor (being duly qualified therefor) who SPvotes num" shall obtain the greatest collective number of votes shall be M'iyor. 14. There shall be two Councillors elected in manner mentioned in each of the EIciiiior»of°0un sa^ Wards, except as regards the Number One Ward and th<3 Number Five Ward, which shall each be represented by one councillor only. Chwrothe "reat ^* ^ne candiclates or candidate respectively for the office of Councillors in each esatvenumb^of Ward (duly qualified) who shall obtain the greatest number of votes in the Ward for votes which they may stand shall be Councillors or Councillor. Number of votes 16. Every person possessed of the qualifications and under none of the dis- counoUors,llld qualifications herein-mentioned concerning electors of the said Corporation, shall have one vote only in the election of a Mayor, and in addition to his vote in the election of a Mayor, shall also have two votes in the election of Councillors for each Ward in which he has a qualification, but in voting for Councillors he shall only vote once in the same Ward, and may either split his vote between the candidates or vote for one only, and if he shall vote for one only his vote shall only count one, provided always that in an election for a Ward represented by one Councillor ah elector shall have one vote only, voting to be open 1? The yoting for Mayor and Councillors shall be open, and no person shall; vote by proxy. \■ . / DUorfaoffice°f term 18- The Mayor and Councillors shall be elected for one year ; Provided always , that if, the Mayor or any of the Councillors, or any person on his or their behalf, or Ma or or c n ^y person iu partnership with him or them, shall enter into or obtain any interest, cmor°ente°rh?g directly or indirectly, in any contract entered into by or with the Corporation, such d?squaSfieiact3 Mayor or Councillor having any interest in any contract as aforesaid shall immediately be disqualified from continuing as Mayor or Councillor as the case may be ; Provided always that if any Mayor or Councillor shall vote at any meeting of the « ,. . „ Council, or shall not resisrn his office within the space of one calendar month from the Penalty for May-... .' , . ,. . ° _ . , .- V, • . t • i ^ ororCounciiibr time when he shall have entered into or obtained any interest iti any su:h contract not resigning as aforesaid, such Mayor or Councillor shall forfeit to the Corporation a sum of five hundred dollars and all interest in the contract • and as to the said sum the same may be recovered by action in the Supreme Court, brought in the name of the Corporation of the City of Victoria ; but all votes given under such circumstances shall be valid. atIonfor°May*r 19- The nomination of candidates for the office of Mayor and Councillors shall & councillors take place on the first Monday ot January in each year, and the polling (if any) on the day following; Provided, that if either of the said days fall on Sunday or public holiday, the nomination or election shall take place on the following day. P'Po?is°f koldin" , 20. The Poll shall be held in such places in earm ward, not being in, or in the immediate vicinity of a Fire Depatment establishment, or in a place licensed for the sale of liquors, as shall be in that behalf appointed by the outgoing Council or in default thereof as the Sheriff shall appoint. ofCnominaUon 21. The Sheriff, or outgoing Council shall give at least seven days notice of and poll the place of nomination and poll in each Ward by advertisement thereof in one or more newspapers published in the city. Vote for May or to WardNon3in 22- r^ne vote for Mavor shall be given in Ward Number Three and no other, Retum'gofficers 23. The Council shall appoint the Returning Officers, and in default thereof the Sheriff shall make such appointments. Nomuaation^ by 24. The Returning Officer shall on the day of nomination in Number Three cerSelectors Ward, at noon, nominate such persons as shall be put in nomination in that behalf, in ward No. 3 DV some qualified voter, as candidates for the office of Mayor, or Councillors, as the show of hands case may be, and a show of hands shall then take place, and the returning officer shall for Candldates thereupon declare which of the candidates has or have been elected by the show of hands. Candidate or vot- ermaydeniand 25. Any candidate or voter, on his behalf, may thereupon, demand a poll which roi; taken on day shall be taken on the day of election, and the returning officer shall, within twenty- four hours after the close of the poll publicly declare the number polled for each Dpouratlon of candidate, and who has or have been elected by the greatest number of votes. C°iMCof vUoPtors& 26* *n case °^ a P0^ being demanded, the poll books and list of voters for each ReturaiS»Offl^"^ar^saall'be suPPHed D? tne Council to the Returning Officer. cer roll kept open 27. The Polls shall be kept open between the hours of eight o'clock, a m. and from 8 a.m. to . 4 p. m. four o clock P. M. casting vote of 28. In the election of Councillors,if there be an equality of votes, the Returning Returningoffi-Qjgcer g^jj nave a casting Yote to be given at the time of the declaration of the Poll. If Council selects 29* *n case °^ au equality of votes, the Council shall appoint as Mayor one of Mayor ' the candidates between whom the equality exists. ^lecSor aP! 30. The person so elected or appointed shall forthwith make the declaration tiTd^iaraiion in manner provided for Mayor, and assume the office of Mayor accordingly. Expenses attend- 31. All expenses attendant upon any election under this Act shall be borne [3] by the candidates in equal proportion ; such expenses in any ward shall not exceed ant on ew* the sum of one hundred dollars. . tions 32. Every person tendering his vote at any election of a Mayor or Councillor, Voters to' uke shall, before voting, take all or any of the following oaths as may be required bv any oaths ifjpe* j i i-n j ^ " quired. duly qualified voter :— f 1 "A. B., do solemnly swear that I am a British sudject, born at , B .... . . and that I have never taken the oath of allegiance to, or become a citizen of any foreign Power, State or Nation." Provided, always, that any voter called upon to take the oath hereinbefore contained, may, if he so choose, in lieu thereof take the oath hereinafter contained: 2. "I, A. B., do solemnly swear that I was born at , and that I was ^ ?f Vcjter /» i -r»: ■* • i t « -ii t i t n ir» *Si •"'/»•*■ • o wlio has taken formerly a British sunject, and thatl, onthe day or before the Chief Justice of tneoathofai- Vancouver Island, took the oath of allegiance to Her Majesty, Her heirs and sue- lchiefCJttet!icee cessors, and have not since that day taken the oath of allegiance to, or become the citizen of any foreign Power, State or Nation." 3. " I, A. B , do solemnlv swear that I am the same A. B. who is mentioned in ^ 41 ... v' -»«-..,. -n i-i ' " t ' i ■ ■ - t ipt n > r>> • Oath of identity Municipal Assessment Roll, and that I am rated for the support of the Corporation, and that I have paid my taxes due to date." 4. " I, A. B,, do solemnly swear that I have not received or been promised, or to my knowledge has any other person on my behalf, or for my benefit, received or aberygaim been promised any money, gift advantage, place or consideration for, or for the purpose of influencing the vote which I now tender." 33 At the nomination, or at any time before the close of the poll, any duly qualified voter may call upon the Returning Officer to require the oath of qualification next hereinafter set forth to be administered to any candidate ; and in the event of °m^infetered *to any candidate being present and declining or neglecting to take such oath within candidates if reasonable time after the tender of the oath, all votes given for such candidate shall requlre » be null and void, and shall be so declared by the Returning Officer : " I, A. B., do solemnly swear that I am a British subject, and that I am possessed of the property qualification required by the Act of Incorporation, and that the said property is situated at , and is of at least the value of $500 of freehold property, or leasehold of % 1000," 34. If the candidate shall not be present, the Returning Officer shall forthwith procedure in cause a notice to be left at the usual place of abode of the candidate, calling upon caseofaWnc; the said candidate to take the oath lastly hereinbefore mentioned ; and if the candi- respecting oath date does not comply within twenty-four hours after the aforesaid notice shall be left at such place, all votes given for such candidate shall be null and void. 35. The Returning Officers shall have the power at elections to administer the Keturnjn£ °«- . . ■ . 7 l cers to admin- oaths required by this Act. isteroaths 36. The Returning Officers shall deliver the Poll Books, certified and sealed R*turning Offi- ccrs to dclivAT within twentv-four hours after the close of the Poll, to the City Clerk. I'oii Bo0ks to City Cbrk 37. It shall be the duty of the City Clerk to permit any reasonable inspection, of such Poll Books by any qualified voter. "Sok^iowed 38. Any person may obtain a certified copy of any of the Poll Books from the Certified co ie City Clerk aforesaid upon payment of twenty-five cents per folio of one hundred of Poll iE* words, to be appropriated as hereinafter mentioned. tainedbe °b" 39. The City Cbrk shall immediately after the election or in case of a poll, c. Clerk flJ immediately after the declaration thereof, file a certificate in the Supreme Court of a certificate «r Civil Justice of the result of such Election or Poll. ltlntof elec" 40. The Returning Officers and Poll Clerks shall, before entering upon their 0athsofRoturn_ respective duties, take, the oath following, before some Justice of the Peace for Yan- ingomcersand couVer Island : Policies " I, solemuly swear that I will fulfil the duties of my office without fear or favor, and that I have not,received, nor will I receive any bribe to influence my conduct.'' 41. The Mayor and every Councillor shall, within six days after election and oath* to be tak.n before taking his seat, take the following oath before the Chief Justice of the Su- £v Mayor and n ? & /-»• m T *• Councillors preme Court of Civil Justice : "lama British subject, possessing the requisite qualification of $500 worth of freehold, (or $1000 worth of leasehold property as the case may be,) which is (statement of qualification), and have not, nor will have any interest, directly or indirectly, in any contract with the Corporation. I have not, by myself nor by any other person, knowingly employed any bribery, corruption or intimidation to gain my election ; and will faithfully perform the duties of my office, and will not allow any private interest to influence my conduct in public matters.'7 42. In case at any annual or other election the electors, from any cause not if electors ncg provided for in this Act, neglect or decline to elect the members of the Council on Mayor-orc^n- the day appointed, or to elect the requisite number of members, the other members cii'rs,timymay of the Council, or if there are none, then the members for the preceding year, or the |>y councillors majority of them respectively, shall appoint as many qualified persons as will consti- ?*"the P*eepd- tute or complete the number of members requisite; and the persons so appointed Mayor yorrcoun- shall accept office and make the necessary declarations under the same penaltv in ci!lor!aPP°int- d c i 1 i. -c i * i * ■< ed to make case of refusal or neglect as it elected. declaration! 43. In case a member of Council be convicted of felony or infamous crime, or be declared a bankrupt, or be charged in execution for debt and remains in close custody for one week, or.assigns his properly for the benefit of his creditors, or ab- **inU™wyd i? sents himself from the meetings of the Council for three months, without being au- lowed thorized by a resolution of the Council entered on its minutes, his seat in the Council shall thereby become vacant. 44. In any case herein provided, or in case a person elected as Mayor or Councillor neglects or refuses to accept office or to make the necessary declarations for new Elections office within the time required, or in case a vacancy occurs in the Council caused by provided roc death, judicial decision, or otherwise, the Head of the Council for the time being, oi\ HI in case of his absence or his orifice being vacant, the Clerk, or in case of the like absence or vacancy in the office of the Clerk, one of fie Members of the Council shall forthwith, by warrant, underthe signature of such Head, Clerk, or Member, and under the Corporate seal, require the Returning Officer appointed to hold the last election for the City or Ward respectively, or any other person duly appointed to that office, to hold a new election to fill the place of the person neglecting or refusing as aforesaid or to fill the vacancy. 45. The person thereupon elected shall hold his seat lor the residue of the term ejmo o c8 ^ which his predecessor was elected or for which the office is to be filled. w. 46. The Returning Officer shall hold the new election at farthest within eight 'TnVnotfcc^days after receiving the Warrant, and shall, at least four days before the election, post new election np ^ public notice thereof, under his hand, in at least four of the most public places in> the municipality. Non-Ei<Gtion of 47. In case such non-election, neglect or refusal as aforesaid, occurs previous to to*prbe8vent or-the organization of the Council for the year, the Warrant for the new election shall be ganizrtion of[^s^^ by the head or a member of the Council for the previous year, or by the Clerk in like manner as provided for ; but such neglect or refusal shall not interfere with the immediate organization of the new Council, provided a majority are present of the full number of the Council. Members of cownci1 to pro- ^ Every member of the Council shall, before he acis as such member, produce catethat they a certificate from the Chief Justice of the Supreme Court, stating that the necessary oaths taken °^ns na?e Deea taken by such member, contested^ eie^- 49. xhe validity of all contested elections shall be tried before before the Chief tried before Justice of Yancouyer Island and its Dependencies. 50. In case tjfce validity of the election or appointment of a M^ayor or Council- Trial of contes- *or *s contested, the same may be tried in term or vacation by the Chief Justice of the ted elections Supreme Couit ; and any candidate at the election, or any elector who gave or tendered his vote thereat, may be Relator for the purpose. 51. Tb^e proceedings for the trial shall be as follows : 1. If within six weeks after the election or one. month after acceptance of of- Tune for limited^nee by the person elected, the Relator shews by affidavit to the said Chief Justice security ^ and reasonable grounds for supposing that the election was not legal, or was not conducted 1 r<?qi lr'*' according to, law, or that the person declared elected, thereat was not duly elected* and if the Relator enters into a recognizance before the said Chief Justice or the Reg- isrtar of the Supreme Court in the sum of two hundred dollars, with two sureties (to be allowed as sufficient by the said Chief Justice or Registrar upon affidavit of ,: justification) in the sum of one hundred dollars each, conditioned to prosecute the - writ with effect or to pay the party against whom the same is brought, any costs which may be adjudged to him against the Relator, the Judge shall direct a writ of summons in the nature of quo warranto to be. issued to try the mitters contested. wh^ the Reia- % IQ case ^ne Relator alleges that he himself or some other person Las been tor cia^mg t0,duly elected, the writ shall be to try the validity both of the election complained of and the alleged election of the Relator or other person. ^rc^omSned1 ^* ^n case the grounds of objection, 3apply equally to two or more persons elected 0$ the .Relator may proceed by one writ against such persons. A1cMefeTlierby 4" Where more writs than one are brought to try the validity of an election, who is "0%?™ all such writs shall be made returnable before said Chief Justice, and such Chief Jus- nponeachmorna^ce raay £*ve one judgment upon all, or a separate judgment upon each one or more s*perate judg of them as he thinks fit. mentuponeach $. The Writ shall be issued by the Registrar of the said Supreme Court an.cj writ,,whoto is-shall be returnable before the said Chief Justice in Chambers upon the eighth day day thereof a^ter s^Y^. computed exclusively of the day of service, or upon any later day named in the Writ. . 6. The Chief Justice may, if he thinks proper, order the issue of a Writ of ecerrsmmay be Summons at any stage of the proceedings to make the Returning Officer a party mad. parties thereto. 7. Every Writ under this section shall be served personally, unless the party service to be to be served keeps out of the way to avoid personal service, in which case the Chief excSdby t^he Justice, npon being satisfied thereof by affidavit or otherwise, may make an order chief Justice for such substituted service as he thinks fit. 8. The Chief Justice may allow any person entitled to be a Relator to inter- T\n eie^ormay vene anc* defend-,, and may grant a reasonable time for the purpose ; and any inter- interrene vening party shall be liable or entitled to costs like any other party to the proceedings. 9. The Chief Justice shall in a summary manner, upon statement and answer, ice shall tiy without formal pleadings, hear and determine the validity of the election, and may, summarily by order, cause the Assesment Rolls, Collector's Rolls, Poli Books, and other records of the election to be brought before him and mav inquire into the facts on affidavit or affirmation or by seal testimony, or by issues framed by him and to be tried by a jury before him, or by one or more of these means, as he deems expedient. a dremo e- ad *°" *n case tne election- complained- of be adjudged invalid the Chief Justice miror^ngrm shall forthwith, by Writ, cause the person found not to have been duly elected, to he removed; and in case Chief Justice determine that any other person was duly elected the Chief Justice shall forthwith order a Writ to issue, causing snch other person ot be admitted; and in case the Chief Justice determines that no other person was duly elected instead of the person removed, the Chief Justice shall by the Writ cause a new election to be held. if au the mem- 11.. In case tne election of all the members of a Council be adjudged invalid,, wru^or^ne^v ^ie Writ for their removal and for the election of new members m their place, or for election, to go the admission of others adjudged legally elected, and an election to fill up the re- tlQ, «,he SJenffmaining seats in the Council shall be directed to the Sheriff of Vancouver Island and its Dependencies. And the Sheriff shall have all the powers for causing the election, to be held which the Council has in order to supply vacancies therein. 15] \2. Any person whose election is complained of may, within one week after service on him of the Writ, transmit to the Registrar of the Supreme Court, or ' may ^'^Jjj mks cause to be delivered to such Registrar a disclaimer signed by him to the effect following : " I, A. B., upon whom a Writ of Summons in the nature of a Quo Warranto "has been served for the purpose of counting my right to the office of Councillor (or 11 as the case^may be) for the City of Victoria, do hereby disclaim the said office, and " and all defence of any right I may have to the same.'' Dated the day of IS (Signed) A. B. 13. Such disclaimer, or the envelope containing the same, shall moreover be Disclaimer to b« endorsed on the outside thereof with the word " D;sclaime . ' endorsed 14. Every person so disclaiming shall deliver a dup^eate of his disclaimer to Disclaimer to be the Clerk of the Council, and the Clerk shall forthwith com nunicate the same to the ^ecS/cieS Council. 15. No costs shall be awarded against any person disclaiming as aforesaid, Costa provided unless the Chief Justice is satisfied that such party consented to his nomination as a for candidate, or accepted the office, in which case the costs sb 11 be in the discretion of the Chief Justice. 16. In all cases not otherwise provided for, costs shall be in the d scretion of the whenDiscretkm- said Chief Justice. ary 17. The decision of the Chief Justice shall be final, and he shall, immediately Decision to be after his judgment, or as occasion requires, enforce such judgment by a Writ of Per- final and to be emptory Mandamus and by Writ of Execution for the costs awarded. process 7 18 The Chief Justice may, by rules made at any time, settle the forms of the Writ of Summons, Certiorari, Mandamus, nnd Execution, and may regulate the prac*x^Le^ay make tice respecting the suing out, service, and execution of such Writs ; and tli3 punish- ruie*&e ment for disobeying the same or any other Writ or order of the said Chief Justice, and respecting the practice generally, in hearing and determining the validity of such elections or appointments, and respecting the costs theiein, and may, from time to time rescind, alter, or add to such rules ; hut all existing rules shall remain in force until rescinded or altered as aforesaid. 52. The appointment of members of the Council, when required to be made , . : i nii • • * i i -^P P01 ntmenta under this Act, shall be deemed elections within this Act, and in such cases the equivalent to Relator may be any member of the Council or any elector of the City or Ward for electlons which the appointment was made. 53. The members of the City Council shall hold their first meeting at noon' on First meeting of the third Monday after the annual election, or on so.ne day thereafter, at noon or Council some hour thereafter, at the City Council Chambers, or if there be no City Council Chambers, at the Police Court House ; and a majoriiy of the whole uumber of pieniT^cUon'of Uusl- bers required by law to constitute the Council shall be a quorum for the transaction nesa of business, 54. The Mayor for the time being of the city of Victoria shall be a Justice of Major to be & the Peace of and for the city of Victorip., and shall continue to be such Justice of the Justice ?/*£• t-» , , ,, r ,. « i i ii i xr i »• Peace and take Peace during the next succeeding year after he shall cease to be Mayor, unless dis- precedence qualified as aforesaid ; and such Mayor shall, during the time of his mayoralty, have precedence in all places within the City of Victoria. 55. The Mayor shall be deemed the Head of the Council, and the Head and Chief Executive Officer of the Corporation ; and it shall be his duty to be vigilantl Head •? the and active at all times in causing the law for the government of the city to be duly Couneil 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, care-Hl8 dutie lessness and positive violation of duty to be duly prosecuted and punished, and to communicate from time to time to the Council all such information,;and recommend all such measures as may tend to the improvement of the finances, the police, health, security, cleanliness, comfort and ornament of the city. 56. The Council shall appoint a Clerk ; and the Clerk shall truly record in a The City Clerk & Book, without note or comment, all resolutions, decisions, and other proceedings of his duties the Council, and if required by any member present, shall record the name and vote of every member voting on any matter submitted, and shall keep the books, records and accounts of the Council, and shall preserve and file all 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 which he shall so keep in his office, or in the place appointed by By-law of tli3 Council. 57. Any person may inspect any of the particulars aforesaid at all reasonable times, and the Clerk shall, within a reasonable time, furnish copies thereof to any Minutes&c. tot* applicant, at the rate of twenty-five cents per one hundred words, or at such lower °^ntoln«Pec- rate as the Council appoints, and shall, on payment of his fee therefor, furnish within a reasonable time, to any elector or to any other person interested in any By-law, Order, or Resolution, or to his attorney, a copy of such By-law, Order or Resolution, certified under his hand and under the Corporate seal. 58. The Council may appoint such officers, not being a magistrate or police officer, as may be absolutely required for the conduct of the corporate business, and officers may te may pay salaries for the same out of the corporate revenue set apart for the ordinary aPpointed expenditure of the Corporation, and may from time to time remove such officers and appoint successors ; and all officers shall, however, give securily in such manner as °®ectfl^iti0 give the Council shall determine for the due performance of their services. 59. The subsequent meetings of the Council shall be held at such place within the limits of the city as the Council, from time to time by resolution on adjourning, rlof council61 ng to be entered on the minutes or by-law, appoints. 60. The Council shall hold its ordinary meetings openly, and no person shall be Meetin 9 i0 be excluded except for improper conduct, oPen° 61. In case there is no By-law of the Council fixing Jthe place of meeting, anys ial Meetin special meeting of the Council shall be held at the place where the then last meeting" wiere" to bf of the Council was held ; and a special meeting of the Council may be open or closed, held as in the opinion of the Council, expressed by resolution in writing, the public inter . . Special Meeting est requires maybe closed [6] 62. The Clerk of the Council, or in his absence, the Sheriff shall, within seven CCounciiummoadays from the day of annual election, summon! the Council to] meet on a day not more than fourteen days after the day of such election at the usual place of holding their meetings. Member of the 63. Any member of the Council may, with the consent of the majority of the resign* with members thereof, to be entered on the minutes of the Council, resign his seat in the assent of tiu Council, and the vacancy shall be supplied as in the case of a natural death. 64. All acts whatsoever authorized or required by virtue of this Act to be Questions to be done by the Council, and all questions of adjournment and others that may come decided by »a-Defore the Council may, save where otherwise expressed, be done and decided by tne mmy ° quc> majority of the members of the Council who shall be present at any meeting held in pursuance of this Act, the whole number of members present at such meeting not being less than five. t>5. At such meeting the Mayor, if present, shall preside ; and the Mayor, or MH°dr {mtsldl in the absence of the Mayor, such Councillor as the members of the Council then casting vote assembled shall choose to be Chairman of that meeting, shall have a second or casting vote in all cases of equality of votes. The minutes of the proceedings of all such Minutes to be meetings shall be drawn up and fairly entered into a book to be kept for that purpose, made and open and shall be signed by the Mayor or Councillor presiding at such meeting ; and the to inspection ga|^ n^nutes shall be open to the inspection of any person, who may also make copies thejreoi and extracts therefrom at all reasonable times, on payment of a fee of tweuty- Eve^ cents. 166. Previous to the introduction of any business at any meeting of the Council Ndede 0bn^nessa not*ee m writing of any business proposed to be brought forward by any member to be exhibited shall be publicly exhibited for twenty-four hours previously to such meeting in some public place to be agreed upon by the Council. d7: Previous to any meeting of the Council other than adjourned meetings, a Noticeof intend-notice of the time and place of such intended meeting shall be given three clear be Sed1 up8 to days8 at least before such meeting, by fixing a copy of the said notice at the Council council Cham- Chambers ; and such notice shall be signed by the Mayor, who shall have power to call a meeting of the Council as often as he shall think proper. 68. In case the Mayor shall refuse or neglect to call a meeting within forty- Pr<MCseeMa^orren e*gnt hours after a requisition for that purpose, signed by Three Members of the fase t6 call Council at least, shall have been presented to him, it shall be lawful for the said Three meeting Members to call a meeting of the Council by giving such parties as is hereinafter de clared in that behalf, such notice to be signed by the said Members instead of the Mayor, and stating therein the business proposed to be transacted at such meeting, signed by the Mayor or the Members (as the case may be) shall be left at the usual place of abode, or at the usual place of business of every Member of the Council three clear days at least before such meeting, and no business shall be transacted at such meeting, other than the business which is specified in the notice. 69. The Council may, out of their own body, from time to time appoint such 0SmiapepoiiSed and so many Committees, and consisting of such Members as they may think fit for by the council any purposes which, in the discretion of the Council would be better regulated and managed by means of such Committees ; but all proceedings of such Committees shall be 'subject to the approval of the Couucil. 70. All Books, Papers, Accounts. Documents, Moneys, and Valuable Securities, Embedment by respectively, by any person or Officer appointed or employed by or on behalf of any Municipal offi- q0uiici], kept or received by virtue of his Office or Employment, shall be the property of the Corporation, and in case any such person or Officer refuses or fails to deliver up or pay over the same respectively to the Corporation, or to any person authorized by the Council to demand them, he shall be deemed guilty of a misdemeanor, and may be prosecuted and punished for the same by imprisonment for a period not exceeding tw^ years, or by fine in the discretion of the Court, or by both ; but nothing herein shall effect any remedy of the Corporation or of any other person against the offender and his sureties, or any other party ; nor shall the conviction of such offender be receivable in evidence in any suit at law, or in equity against him. jurisdiction con- 71. The jurisdiction of the Council shall be confined to the Municipal limits, limitst0 Cityf^cept where authority beyond the same is expressly given, and the powers of the Council shall be exercised by By-law when not otherwise authorized or provided 12. The Council may, by By-laws, make regulations not specifically provided for by this Act and not contrary to law for governing the proceedings of the conduct make By-Laws of its Members, and the appointing or calling Special Meetings of the Council, and generally such other regulations as the good of the inhabitants of the City of Victoria requires ; and may Repeal, Alter, and Amend its By-laws, save as by this Act is restricted. By-Law to be »3. Every By-law shall be under the Seal of the Corporation, and shall be und£v the seal signed by the Head of the Corporation, or by the person presiding at the Meeting at ation6 °ip°r which the By-law has been passed, and by the Clerk of the Corporation, copy of Bv-Law 74. A copy of any By-law written or printed without erasure or interlineation to he evidence iiu& under the Seal of the Corporation, and certified to be a true copy by the Clerk and by any Member of the Council, shall be deemed authentic, and be received in evidence in any Court of Justice without proof of the Seal of signatures, unless it is specially pleaded or alleged that the Seal, or one, or both of the signatures, have been forged. By-Laws, how to ^. in case a resident of the City of Victoria or any other person interested in proceed i* or- a By-law, Order or Resolution of the Council thereof applies to the Supreme Court ei toquas ^ £,.y.j jUbt-lce of Vancouver Island, and produces to the Court a copy of the By- law, Order or Resolution certified under the hand of the Clerk and under the Corporate seal, and shows by affidavit that the same was received from the Clerk, and that the applicant is resident or interested as aforesaid, the Court, after atleast eighi days' service on the Corporation of a rule to show cause in this behalf, may quash [7] 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. 76. In case a By-law by which a rate is imposed has been specially promul-Tirae*fat^r8vv^h gated in the manner hereinafter specified, no application to quash the By-law shall not be quashed be entertained after six calendar months have elapsed since the promulgation. mSgated7pr° 7*7. Every special promulgation of a By-law within the meaning of this Act, shall consist in the publication through the public press, of a true copy of the By- wjt?om!liagItiona law, and of the signature attesting its authenticity, with a notice appended thereto of the time limited by Law for applications to the Courts to quash the same or any part thereof. 78. In case of a By-law by which a rate is imposed the promulgation shall be And .f either by such publication of a copy of the By-law with such notice as aforesaid, or Law impoge a in lieu thereof by such publication of a notice setting forth the amount of the rate, rate and giving the substance ouly of the other parts of the By-law with a similar notice of the time so limited for applications to quash as aforesaid, and the publication re ferred to in the preceding two sections, shall be in a public newspaper, published weekly or oftener in the Municipality ; and the publication shall, for the purpose aforesaid be continued in at least seven consecutive numbers of the paper. 79. The notice to be appended to every copy of a By-law for the purpose Notic t b aforesaid shall be to the effect following : given u Notice.—The above is a true copy of a By-law passed by the Munich) il Council of the City of Victoria, Vancouver Island, on the day of , 186..., ^or** of «ueh and all persons are hereby required to take notice, that any one desirous of applying to have such By-law or any part thereof quashed, must make his application for that purpose to the Supreme Court within six calendar months at the farthest after the special promulgation thereof, by the publication of this notice in seven consecutive numbers of the following newspapers {here give the name of the newspaper or newspap ers) or he will be too late to be heard in that behalf.'' "G. H., City Clerk.*' The notice setting forth the amount of the rate, and giving substance only of $)i& other parts of the By-law for the purpose aforesaid, shall be to the effect follow- ^fonhthe^rate^ ing :— " City of Victoria, Vancouver I>land, to Wit : Notice is hereby given, that a By-law, intituled (set out the title) and numbered (give the number by which the °noti«« By-la is designated) was, on the day of .., 186..., passed bv the Municipal Council of the City of Victoria, Vaneoawr Pi-ami, for the purpose of (here set out in substance the object of the By-law, as, u raising the necessary funds to meet the general public expeuces of the Ccity of Victoria for the year 186...'' or. " for the purpose of raising and contracting for a loan of — dollars for making and macadamiz ng a road or street from «o ..'' (or otherwise, as the case may be) and (where the approval of the Governor in Council, is, by By law, required to give effect to such By-law approved .by His Excellency the Coventor in Council on the day of A. D. 188... and all persons are hereby required to take notice that any one desirous of applying to have such By-law or any part thereof quashed, must make his application for that purpose to the Supreme Court of Civil Justice of Vancouver Island within six calendar mouths at the farthest after the special promulgation thereof by the publication of this notice in seven consecutive numbers of the following newspapers, namely (here name the newspapers in which the publication is to be made) or he \v: 11 be too late to be heard in that behalf. G. IT., City Clerk. 80. In case no application to quash any By-law so specially promulgated is made within the time limited for that purpose, the By-law, or so much thereof as is not the subject of any such application, or not quashed upon such application, so far against within.= , as the same ordains, prescribes, or directs anything within the proper competence of ^ed to^e vaM 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 or manner of passing the same, be a valid By-law. 81. 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 Li'^ili^1of tf:e" person a right of action, no such action shall be brought until one calendar month haa Acts dime un- elapsed after the By-law, Order, or Resolution has been quashed or repealed, nor until ^L^Sj^t one calendar onth's'noticein writing of the intention to bring such action has been given to the Corporation, and every suchlaction shall be brought against theCorporation alone and not against any person actiug under the By-law, Order, or Resolution. 82. In case the Corporation tenders amends to the Plaintiff or his Attorney, if such tender be pleaded, and (if traversed) proved, and if no more than the amount Tenderofamends tendered is recovered, the Plaintiff shall have no costs, but the Defendants shall have their taxed costs which shall be set off against the amount of the verdict, and the balance due to either party shall be lecovered as in ordinary cases. 83. If .any person steals, or unlawfully or maliciously, either by violence or stealth, takes from any Returning Officer or Clerk, or from any person having the law- ^ttloyhi^ <£f! ful custody thereof, or from its lawful place of deposit lor the time being, or unlaw- tain docu fully or maliciously destroys, injures or obliterates, or causes to be destroyed, in- Siony jured or obliterated, or makes, or causes to be made any erasure, addition of names, or interlineations of names, into, or upon, or aids, counsels, or assists in so stealing, taking, destroying, injuring or obliterating, or in making any erasure, addition of names, or interlineation of names into or upon any Writ of Election, or any return to a Writ of Election, or any Indenture, Poll Book, certificate, or affidavit, or any other document or paper made, prepared, or drawn out for the purpose of meeting the requirements of this Act, or of the Law in regard to the Corporation, every such ot- Punishment- fender shall be guilty of felony, and shall be liable to imprisonment fur a period i:ot exceeding five years, and it shall not in any indictment for any such offence be necessary to allege that the article in respect of which the offence has been committed ^t belaid-01 was or is the property of any person or that the same was or is of any value. [8] Appropriation of 84. All fines, penalties and forfeitures recoverable under this Act, or under any fineafcc By-law made in pursuance thereof, shall be appropriated to the use of the Corporation. council may pasa 85. The Council of the City may pass By-laws for all or any of the following By-Laws purposes :— obtainin 1# •^or °^taminS suca rea* an(^ personal property as may be required for the °reai and™]? use of the Corporation, and for erecting, improving, and maintaining a Hall, or other and*1 taking buildings required by, and being upon the land of, the Corporation, and for disposing use thereof of such property when no longer required, and for renting any houses or buildings for the use of the Corporation; For appointing 2. For appointing such officers as are necessary in the affairs of the Corpora- officers tjon^ or for carrying into effect the provisions of any Act of the Legislature for the removal of such officers; F°BaiarieiUlatin? **• ^or re&°latino the remuneration and duties of such officers, and the securities to be given for the performance of their duties; grants SVv"? 4. For granting, money or land in aid of any Incorporated Mechanics* Institute CK*™" within the Municipality; » 4W-.M 5. For taking a Census of the inhabitants (or of the resident male freeholders, ror taKmg a cen- o \ ' sub and householders) of the City of Victoria; For inflicting 6. For inflicting reasonable fines and penalties not exceeding $50 exclusive of fin«i COSts For non-obser- (A.) Upon any person for the non-performance of his duties, who has been ranee of duties eiected or appointed to any office in the Corporation, and who has accepted such office and taken the oaths, and afterwards neglects the duties thereof ; For breach of By- (B.) For breach of any of the By-laws of the Corporation ; For re uiatin ^' ^or regulathig victualing houses, ordinaries, and houses where fruit, oysteis, victualling clams, or victuals, are sold to be eaten therein, and all other places for the reception houses or entertainment of the public ; 8, For ascertaining and establishing the boundary lines of the city of Yictoria, ^oundarieV11 of and the respective Wards thereof according to law, in ease the same has not been city and wards ^one . aa(j for erecting and providing for the preservation of the durable monuments required to be erected for evidencing the same; For accepting 9- For accepting or purchasing land for public cemeteries as well within as land for ceme-without the limits of the city, and for laying out, improving, and managing the same ; but no land shall be accepted or purchased for sucn purpose, except by a Bylaw declaring in express terms that the land is appropriated for a public cemetery, and for no other purpose ; and thereupon such land, although without the city limits, shall become part thereof, and such By-law shall not be repealed ; For leasing &c 10. For selbng or leasing portions of such land for the purpose of interment BucMand ° f in family vaults or otherwise, and for declaring in the conveyance the terms on which such portions are to be held; For preventing cruelty to ani- 11. For preventing cruelty to animals; mals v . . 12. For imposing a tax on the owners, possessors, or harborers of dogs, not Jor imposing a \* t j Ti ^ i taxonDogs exceeding rive dollars per annum on each dog; he'ightf&c!,11^ 13. For settling the height and description of lawful fences; 14. For regulating the height, extent, and description of lawful division fences; For settling, &c, an^ f°r determining how the costs thereof shall be apportioned ; and for directing division fences that any amount so apportioned shall be recovered in the same maimer as penalties, not otherwise provided for may be recovered under this Act ; Provided that until the By-laws are made by the Council, the statutes now in force, if any, shall continue to be applicable; 15. For preventing, or regulating, and licensing exhibitions of wax-work, *°hibiUons^&oX menageries, circus riding, and other such like shows usually exhibited by showmen, and for imposing fines upon pcr&ons infringing such By-laws, and for levying the same by distress, and sale of the goods and chattels of such showman, or belonging to or used in such exhibition whether owned by such showman or not, or for the imprisonment of such offenders for any term not exceeding one month; For preventing 16. For preventing the violation of cemeteries, graves, tombs, tombstones, cemeteries ° or vaults where the dead are interred; For preservm ^' ^or Preveritmg the injuring or destroying of trees planted or preserved for trees. &crvn shade or ornament; Th ^tearing 18- For preventing the pulling down or defacing of sign boards, and of printed down of *ignor written notices; boards &c For nuthorising *9. For authorising any corporate Gas, or Water Company to lay down pipes or companies to conduits for the conveyance of water, or gas under streeis or public squares, subject wateTp^e*8°r to such regulations as the Council sees fit, and subject to any statute now, or hereafter to be in force; For preventing 20. For preventing the sale or gift of intoxicating drinks to a child, appren- uor«sale°fllq tlce» or servant without the consent of a parent, master or legal protector ; 21. For preventing the posting of indecent placards, writings, or pictures, or F7ndePceCn«ynting the writing of indecent words, or the making of indecent pictures or drawings on walls or fences in streets or public places; For prerenting ^- -^or Prevenfhig vice, drunkenness, profane swearing, obscene, blasphemous or vice grossly insulting language, and other immorality *fnd indecency in streets, highways, or public places; 0kou8esProfS1iii^ 23. For suppressing houses of ill-fame and dance houses; fame For regulating 24. For preventing or regulating horse racing; Horse Racing f o r .regulating 25. For preventing or regulating and licensing exhibitions held or kept for hire Bowline Alleys or profit, bowling alleys, and other places of amusement; Fer suppressing 26. For suppressing gambling houses, and for seizing and destroying faro banks, SVusTsb ling rouge-et-noir, roulette tables, and other devices for gambling found therein; [9] 27. For restraining and punishing vagrants, mendicants, and persons found F . .. drunk or disorderly in any street or highway, or public places ; vagrnXL10^ 28. For preventing indecent public exposure of the person and other indecent FYnde«en7ntex* exhibitions ; posure of th» person 29. For preventing or regulating the bathing or washing the person in any For reguiatfng public water near a public highway ; bathing 30. For licensing, regulating, and governing hawkers or petty chapmen, and other persons carrying on petty trades, who have not become householders or perma- F° r kliceSsins nent residents in the City of Victoria, or who go from place to place, or to other men's houses, on foot or with any animal bearing or drawing any goods, wares, or merchandise for sale, or in or with any boat, vessel, or other craft, or otherwise carrying goods, wares, or merchandise for sale, and for fixing the sum to be pai i for a license for exercising such calling within the City of Victoria, and the time the license shall be in force under such regulations as may be prescribed in such By-law, and in addition to the provisions of any statute now or hereafter,]to be in force ; but no duty shall be imposed for hawking or peddling any goods, wares, or merchandise* the growth, produce, or manufacture of this Colony; 31. For regulating ferries between any two places in the Muircipality, and es- For regulating tablishing the rates of ferriage to be taken thereon ; but no such By-law as to ferries Femes shall have effect until assented to by the Governor in Council ; 32. Until the Council of Victoria City pass a By-law regulating such ferries*T p^sedBtoLb« the Governor, by order in Council, may from time to time regulate such ferries, re- onder thecon- spectively, and establish the rates to be taken thereon ; Governor th* 33. For giving prizes for competition among the pupils of the Public Schools of ^ ^ the said City, as the Council deems expedient for the encouragement of learning To8Schoo£nze* amongst the youth thereof ; 34. For regulating or preventing the eucumbering, injuring, o.' fouling l»v an-FoJ inventing *-> i • 'f o' r> •> fouling ®i* en- imals, vehicles, vessels, or other means, of any public wharf, dock, slip, drain, sewer, tumbling of shore, way, harbour, river, or water ; Harbour, &c 35. For directing the removal of door-step*, porches, railings, or other erections, Forremoring. ob_ or obstructions projecting into or over any wharf, dock, slip, drain, sewer, bay, har- tm«jtions inU bour, or water, or the banks or shores thereof, at the expense of the proprietor or dock, &" ^^ occupant of the property, connected with which such projections are found ; 36. For making, opening, preserving, altering, improving, and maintaining pub-For making public wharves, docks, slips, shores, bays, harbours or waters, and the banks thereof. llc wharves>&c 37. For establishing, protecting* and regul tting public wells* reservoirs, and other conveniences for the supply of water ; and for link ng reasonable charges for ^putnu/weiY/08 the use thereof ; and for preventing the wasting and fouling of public water ; 38. For establishing markets; F r * tabiui ing ° ' market a 39. For regulating all markets established, and to be established; For regulating markets 40. For prevenfing the filling up, or incumbering of the Harbour of Vietoria, and for erecting and maintaining wharves, piers, and docks therein, and also floating For p crating elevators, derricks, cranes, and other machinery suitable for loading, discharging, or oMhe'llafbou? repairing vessels, and tor imposing and collecting reasonable dues in -respect of the & maintaining r « /? wharves, &c use of the same; 41. For regulating'or preventing the sale bv retail in the public streets of „ , . . , i « . * V ° " * For re^ulatmg&c any meat, vegetables, truit, or beverages; sues or meats, &C, in the sts 42. For preventing or regulating the buying and selling of articles, animals ex- For reguiating&c nosed for sale, or marketed in the npen air; the sale of *r- r ' *■ 7 txcles exposed „ , ' . ,, . , . ... , i' , . ' ' .' . , in the open air 43. For regulating the place and manner of selling and weighing butcher s ~ , +. o • c» Tiii *or regulating meat, fish, hav, straw, fodder, wood and lumber; the sale of meat, fish, &c 44. For regulating the mole of measuring, or weighing, (as the case nviy be) For regulating of lime, shingles, laths, cord wood, coal, or other fuel; fcwSyhTig"? lrme,8hingles&c 45. For imposing penalties for light weight, or short count, or short measure-For imposing pen ment in any thing marketed; wcigh[°r"ight 46. For regulating all vehicles, vessels, and other things in which any thing is Regulating vehi- exposed for sale or marketed in any street or public place, and for imposing a reason- markeTvend'g able duty thereon, and establishing the mode is which it shall be paid; 47. For regulating the assize of bread, and preventing the use of deleterious materials in making bread, and for providing for the seizure and forfeiture of bread Assizsof iread made contrary to the By-law; 48. For seizing and destroying all tainted and unwholesome meat, poultry, fish, Taint«d Provis'n» or other articles of food; 49 For selling, after six hours' notice, butchers' meat, distrained for rent of Rent of market market stalls; 8ta11* 50. For preventing or regulating the bathing, or washing the person in any public water in or near the Municipality; 51. For preventing and abating public nuisances; 52. For preventing or regulating the construction of privy vaults; PriVjr yaults 53. For causing vacant lots to he properly closed; Vacant Lots 54. For preventing or regulating the erection or continuance of slaughterhouses, gas-works, tanneries, distilleries, or other mandatories, or trades, which may "aug prove to be nuisances; 55. For preventing the ringing of bells, blowing of horns, shouting, and other Tumwituoun noi- nnusnal noises, in streets and public places; 80* 56. For preventing or regulating the firing of guns or other fire-arms ; and the firing, or setting off of fire balls, squibs, or fire-works, and for preventing charivaris ums sxm* and other like disturbances of the peace; 57. For preventing immoderate riding or driving in highways or streets ; and for preventing the leading, riding, or driving of horses or cattle upon side-walks or Fimoue an™s other places not proper therefor; Abatement of nuisances L iU J importu»ing ^8* -^or preventing persons in streets, or public places, for importuning) others travellers to travel in, or employ any vessel or vehicle, or go to any tavern or boarding-house, or for regulating persons so employed; 59. For providing for the health of the Municipality, and against the spread- Publie health « , . r . P ,. ,. r J* » r ing of contagious or infectious diseases; interments ^' ^or re^u^tmg the interment of the dead, and for the preventing the same taking place within the Municipality; Bills of mortality 61. For directing the keeping and returning bills of morrality ; and for impos ing penalties on persons guilty of default in doing so; Licensing cabs, 62, For regulating and licensing the owners of livery stables, and of horses, kc- cabs, carriages, omnibusses, and other vehicles used for hire ; for establishing the rates of fare to be taken by the owners or drivers; and for charging reasonable sums for such licenses, and for enforcing payment thereof ; 63. For regulating the keeping and transporting of gunpowder, and other com- GunPowder,carebustible or dangerous materials; for regulating, and providing for the support by of fees, of magazines, for storing gunpowder belonging to private parties ; for compell ing persons to store therein ; for acquiring land, as well within as without the Municipality, for the purpose of erecting Powder Magazines, and for selling and conveying such land when no longer required therefor ; Fire companies, 63. For electing and appointing Fire Wardens, Fire Engineers, and Fire men, &c- and promoting, establishing, and regulating Fire Companies, Hook-and-Ladder Com panies, and Property-saving Companies ; but the statutes now iu force in that behalf shall continue until such By-laws are duly passed ; Medals and re- 64. For providing medals, or rewards, for persons who distinguish themselves wards. at Fires ; and for granting pecuniary aid, or otherwise assisting the widows and or phans of persons who are killed by accident at such fires ; Fires in babies 66. For preventing or regulating the use of fire or lights in stables, cabinet- &c- maker shops, carpenter-shops, and combustible places ; Dangerousmanu- 67. For preventing or regulating the carrying on of manufactories or trades, factories. dangerous in causing or promoting fire ; chim- 68. For preventing, and for removing, or regulating ihe construction of any neys',&c. chimney, flue, fire-place, stove, oven, boiler, or other apparatus, or thing, which may be dangerous in causing or promoting fire ; stove, and dear 69. For regulating the construction of chimneys, as to dimensions and othcr- ing of chim- wise . arjd for enforcing the proper cleaning of the same ; ^ey8' 70. For regulating the mode of removal and safe keeping of ashes ; wails ^1- ^or reoLUatill£ and enforcing the ereciion of party wralls ; 72. For compelling the owners and occupants of houses to have scuttles in the Lahouse» &C"' t0 r0°k thereof, and stairs or ladders, leading to the same ; Buildings and ?3. For causing buildings and yards, to be put in other respects in a safe con- yards, condi- d:tion to guard against lire or other dangerous risk or accident ; tlonof 74. For requiring the inhabitants to provide so many fire-buekets in sueh man- Fire buckets ner ancj time as may be prescribed ; and for regulating the examination of them ; and the use of them at Fires ; 75. For authorizing appointed officers to enter at all reasonable times upon InTem^se°sn °f any property subject to the regulations of the Council, in order to ascertain whether such regulations are obeyed, or to enforce or carry into effect the same ; c 7b\ For making regulations for suppressing fires, and for pulling down or de- ' UfirPes?8Slon molishing adjacent houses or other erections, when necessary to prevent the spreading of fire ; 77. For regulating the conduct, and enforcing the assistance of the inhabitants ^nc^afrTres.81 Present at fires, and for the preservation of property at fires ; 18. For regulating the erection of buildings, and preventing the erection of in0ffsen uia~ wooden buildings and wooden fences in specified parts of the City ; 79 For acquiring any estate in landed property within or without the City for an Industrial Farm, or for a Public Park, garden, or walk, or for a plate for exhibitions, and for the disposal thereof when no longer required for the purpose ; and for accepting and taking charge of landed property within or without the City dedicated for a public park, garden, or walk for the use of the inhabitants of the City ; iher - ®®' ^or erection thereon of buildings and fences for the purposes of the on farm, park, garden, walk, or place for exhibition as the Council deems necessary ; 4, 81. For the management of the farm, park, garden, walk, or place for exhibi- Managing the 1-1 • same tions and buildings ; 82. For compelling persons to remove the snow, ice, and dirt from the roofs of Removing snow, the premises owned or occupied by them, and also to remove the same from the sidewalks, street, or alley in front of such premises, and for removing the same at the expense of the owner or occupant in case of his default >; Numbering hou- 83. For numbering the houses and lots along the streets of the Municipality, ses, k« an£ fQr afgx{ng the numbers to the houses, buildings, or other erections along the streets, and for charging the owner or occupant of each house or lot with the ex-^ pense incident to the numbering of the same ; 84. For keeping (and the Council is hereby required to make and keep) a record Records o f of the streets and numbers of the houses and lots numbered thereon respectively, and numbers a n d entering thereon, and the Council is hereby required to enter thereon a division of the streets, with boundaries and distances for the public inspection ; Leveisof cellars 85. For ascertaining and compelling owners, tenants, and occupants to furnish the Council with the levels of the cellars heretofore dug or constructed, or which may hereafter be dug or constructed along the streets of the Municipality, such levels to be with reference to a line fixed by the By-laws ; 86. For compelling to be deposited with an offieer, to be named in the By-law, of lufidings an 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 the By-law ; Cellars privies, S*J- ^or regulating the construction of cellars, sinks, water closets, privies, and &c ' privy vaults, and the manner of draining the same ; 88. l?or compelling or regulating the filling up, draining, clearing, altering: re- ■ [ 11 ] laying, and repairing of any grounds, yards, vacant lots, cellars, private drains, sinks, Fi!u^ uf cet 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, eesspools, and priviesare situate, with the cost thereof if done by the Council on their default ; 89. For making sewers and drains, and making regulations for sewerage or sewerage drainage that may be necessary for sanitary purposes ; 90. For charging all persons who own or occupy property which is drained Charo.in<r into a common sewer, or which by any By-law of the Council is required to be drained peny'bWhted into such sewer, 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 ; 91. For lighting the Municipality, and for this purpose performing any work Lighting with and placing any fixtures that are necessary on private property ; £as 92. For laying down gas or water pipes in any street, and opening streets for Laying down gas the purpose ; and for taking up or repairing such pipes, subject, however, to the pro- *np^g water visions of any statute or statutes now or hereafter to be in force in that behalf ; 93. For providing for the inspection of gas-metres, and for the inspection of "metres&c and steam engines and boilers in use ; steam &ne^* 94. For establishing and regulating within the City or on the industrial farm or Aims houses ground held for public exhibitions, one or more almshouses or houses of refuge for the relief of the destitute, and for granting out-door relief to the resident poor, and also for aiding c laritable institutions within (he Municipal limits ; 95. For purchasing Gas or Waterworks, subject to the consent of t';e electors Ga* a£fl watei- of the Municipality ; 96. For appointing inspectors to /regulate weights? &nd measures ^ac<^vdin^4%?f^e^tr® aP(J the lawful standard now existing or hereafter to be established ; measures 9?. For visiting all places wherein weights and measures, steelyards, or weigh-iheirp.u-ers ing machines of any description are used ; 98. For seizing and destroying such as are not according to the standard now Theirpower* or hereafter to be in force ; 99. For imposing and collecting penalties upon persons who are found in pos- Their power* session of unstamped or unjust weights, measures, steelyards, or other weighing machines ; 100. For regulating or preventing the incumbering, injuring, or fouling bv r , . animals, vehicles, vessels, or other means, or any road, stree*, square, alley, lane, streets, &c bridge, or other communication ; 101. For direet:ng the removal of door ste,>s, porches, railings, or other erections Rem,,va| -of ob.. or obstructions projecting into or over anv road or o».her public communication, at the ^ructions expense of the proprietor or occupant of the property connected with which such projections are found ; 102. For surveying, settling, and marking the boundary lines of all streets, Smveying bo-.m- roads, and other public communications ; 103. For regulating the riding and driving on public bridges : Riding and Dm-- o o o o i o 7 in"' 104. For making regulations about pits, precipices, and deep waters .dangerous „., ° . . ° ~ i 7 I i ' i » ^ Pi's, precipices, to travellers. .fee 86. The Council may pass By-laws for the following purposes : 1. For providing the means of ascertaining and determining what real property will be immediately benefitted by any proposed improvement, the expense of which is^^^^wiJl proposed to he assessed as hereinafter mentioned upon the real pioperty immediately benefited oj benefitted thereby ; and of ascertaining and determining the proportions in which the ^f*t imProre" assessment is to be made on the various portions of the real estate so benefitted, subject in every case to an appeal to the Chief Justice, in the smie manner and on the same terms, as nearly as may be, as an appeal from the Court of Revision in the case of an ordinary assessment ; 2. For assessing and levying upon the real property, to be immediately bene- Assessing such fitted by the making, enlarging, or prolonging of anv common sewer, or the opening, property tor . J , . ™ ,° ?' i - ■ i- i it • li 6uch improve- wiaening, prolonging or altering, macadamizing, grading, levelling, paving, or plank- ment aad in ing of any street, lane or alley, public way or place, or of any sidewalk therein, on the what «*«"«* petition of at least two-thirds in number and one-half in value of the owners of such real property a special rate, sufficient to include a sinking fund for the re-payment of debentures which such Council are hereby authorized to issue in such cases respectively, on the security of such rates respectively, to provide funds for such improvements, and for so assessing and levying the same; (1.) By an annual rate in the dollar on the real property so benefitted according to the assessed value thereof, including the improvements thereon ; (2.) Or by an annual rate in the dollar on the real property so benefitted, according to the value thereof, exclusive of the improvements thereon ; (3.) Or by au anuual rate of so much per foot, equally, according to the frontage'of ihe real property so benefitted, without reference to the comparative value of the different portions thereof ; (4.) Or by an annual rate on each portion of the real property so benefitted, in proportion, as nearly as may be, to the benefit derived by such portion ; (5.) Or partly by each of these metdods, or partly by each of any two or three of them ; (6.) For regulating the time or times, and manner in which the assessments to Re?ulatiiio, time be levied under this section are \o be paid, and for arranging the terms on which par- ot payment &c ties assessed for local improvements may commute for the payment of their proportionate shares of the cost thereof in principal sums ; (7.) For effecting any such improvement, as aforesaid, with funds provided by Funds furnished parties desirous of having the same effected. by parties. 87. No such local improvement as aforesaid shall be undertaken by the Coun TT • • ii • ,« .1 ^-j.- c i. j.\ - ^ i l i u« ■ l ,. Under what con- Cll otherwise than on the petition ot two-thirds in number and one-hair in value ot aftions such real property to be directly benefitted thereby, of the owners of such real property, improvement* the number of such owners, and the value of such real property having been first ascertained and finally determined in the manner and by the means provided by By-law in that behalf; and if the contemplated improvement be the construction of a com- L 12 ] At toiow«r» mon sewer> having a sectional area of more than four feet, one-third of the cost thereof shall also first be provided for by the Council of the City. Conditions - ^8. -^ s^a^ °0^ ^e essential to the validity of any By-law passed in virtue of qmsite to the the two last preceding sections that it be in accordance with the restrictions and i*vrdltJot hy' provisions contained in the section of this Act, but no such. By-law shall be valid which is not in accordance with the following restrictions and provisions : 1. The By-law shall name a day in the financial year in which the same is passed when it shall take effect ; 2. The whole of the debt and the obligations to be issued therefor shall be made payable in twenty years at furthest from the day on which such By-law takes effect ; 3. The By-law shall settle an equal special rate per annum in addition to ail other rates to be levied in each year on the real property described therein, and rateable thereunder for paying the debt and interest ; 4. Such special rate shall be sufficient according to the value of such real property as ascertained and finally determined in virtue of this Act, to discharge the debt and interest when respectively payable, irrespective of any future increase in the value of such real property, and also irrespective of any income from the temporary investment of the sinkirg fund or of any part thereof ; 5. The By-law shall recite: (1)* 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 ; (2) The total amount required by this Act to be raised annually by special rate for paying the debt and interest under the By-law * (3) The value of the whole of the real property rateable under the By-law as ascertained and finally determined as aforesaid ; (4) The annual special rate in the dollar or per foot, frontage or otherwise, as the case may be, for paying the interest and creating an equal yearly sinking fund for paying the principal of the debt according to the foregoing provisions of this Act ; (5) That the debt is created on the security of the special rate settled by the By-law and on that security only. Debentures un- $9. Every Debenture issued under the preceding sections of this Act shall bear der sections to on its face the words, " Local Improvement Debenture," and shall contain a reference dfitingujshed^ by date and number to the By-law under which it is issued, and also a statement of its being issued in virtue of this Act. Tho section of 90. The section of. this Act shall not apply to anv By-law passed in virtue of this Act not to ... „ It J J l apply the four last preceding sections ot tuis Act. Act not to apply 91. Nothing contained in the sections of this Act numbered .... shall be lfor£i r t a * n construed to apply to any work of ordinary repair or maintenance, and every common sewer made, enlarged, or prolonged, and street, lane, alley, public way, and place,, and sidewalk therein, once made, opened, widened, prolonged, altered, macadamized, paved or planked under the said sections of this Act, shall thereafter be kept in a good and efficient state of repair at the expense of the City generally. 92. The Council may pass By-laws for the following puposes : swe»ptnK. wat- Fpr raising upon the petition of at least two thirds of the freeholders and •aiar ^tfe^ts nouse^°^ers resident i*1 anJ street, square, alley, or lane, representing in value one &c half of the rateable therein, such sums as may be necessary for sweeping, waterings or lighting the street, square, alley, or lane by means of a special rate on the rateable property therein ; but the Council may charge the general Corporate funds with the expenditure incurred in such sweeping, watering, or lighting as aforesaid. 93. The Council shall not close up any public road, or highway legally pstab- cioseroads re°lished, whereby any person will be excluded from ingress and egress to and from his ^.^1dgb^indi'lands, or place of residence over such road; but all such roads shall remain open for the use of the person who require the same, width of roads 94* ^e Council shall not lay out any road, or lane, more than ninety nor less than thirty feet in width as formerly, what notiee to 95. The Council shall not pass a By-law for establishing, opening, stopping up, h?ws1Vfntended altering, widening, diverting, or selling any public highway, road, street, or lane to affect public i Until written or printed notices of the intended By-law have been posted PuTiieation UP one mon^1 previously in six of the most public place in the immediate neighbourhood of such original allowance for road, or highway, road, street, or lane; 2. And published weekly for at least four successive weeks in some newspaper The same published in'the Municipality; 3. Nor until the Council has heard, in person, or by counsel, or attorney, any Pahe,e"d to beone whose land might be prejudicially affected thereby, and who petitions to be so heard; 4. And the C!erk shall give such notices at the request of the applicant for c,^ckQtoglveno" the By-law, upon payment of the reasonable expenses attendant on such notices. 96. In case of disputes in the city concerning roads, side lines, boundaries, rower to admin- within the cognizance of, and in the course of investigaton before the Council, the reMpTct'of Head of the Council may administer an oath or affirmation to any party, or witness boundaries examined upon the matters in dispute. 97. The Council shall make to the owners of real property entered upon, taken °Tankern °ftoanbe or used Dv tne Corporation in the exercise of its powers in respect to roads, streets, compensated and other public communications, or to drains and common sewers, due compensation for any damage 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 determined by arbitration as herein mentioned. Title to lauds §8. In the case of real property, which the Council has authority under this taken Act to enter upon, take, or use without the owner's consent, Corporations, Tenants,in Tail or for life, Guardians, Committees, and Trustees, shall, on behalf of themselves, their successors and Heirs respectively, and on behalf of those they represent, whether . [13] infants, issue unborn, lunatic, idiots, married women or others, have power to act, as well in reference to any arbitration, notice and action under this Act, as iu contracting (for and conveying to the Council any such real property, or in agreeing as to the amount of danaages arising from the exercise of the Council of any power in respect to such real property ; or in case any person interested in respect to any such real if there be n* property is absent from this Colony, or is unknown, or in case his residence is'uuknown, Pe«on who - cu.il convey «9r he himself cannot be found, the Chief Just'ce of the Supreme Court may, on the application of the Council, appoint a p3rson to act in respect to the same for all or any of the said purposes. 99. In case any party acting as aforesaid has not the j absolute estate in the property the Council shall pay to him the interest only at six per centum per £&%% uf«*i»- annum on the amount^ to be paid in respect of such property, and shall retain the terestomiy principal to be paid to the party entitled to it whenever he claims the same, and executes a valid acquittance therefor, unless the Supreme Court, or other Court Lands award«d, having equitable jurisdiction in such cases, do in the meantime direct the Council to J)^ t0 be M' pay the same to any person or into Court ; and the Council shall not be bound to see to the application of any interest so paid, or of any sum paid under the direction of such court. 100. All sums agreed upon or awarded in respect of such real property, shall - • i • , , ,i ■>■ • - ti , i • , , , • Charges on the be subject to the limitations and charges to which the property was subject. purchase m«'j 101. Every public road, street, bridge, or other highway in the City of Victoria public roads to shall be vested in the Corporation, subject to any rights in the soil which the indi- Jjje cwporat*!* viduals who laid out such road, street, bridge, or highway, reserved ; Provided al- subject topn- ways that where a new road or street shall have been substituted by the Surveyor Tatenghts General or Other the person in charge of the Land Office, for a previously declared road or street, the said road or street in respect of which a substitution his beeii nlade shall cease to exist. 102. The Council shall have power to pass By-1 tws for the following purposes : PoBve.rLH^3 pa" 1. For opening, miking, pres3rviug, improving, rep tiring, widening, altering, diverting, stopping up, and pulling down drains, sewers, water-courses, road^, streets, Opening roads Squares, alleys, lanes, bridges, or other public communications within the jurisdiction &c of the Council, and for entering upon, breaking up, taking, or using any laud in any way necessary or convenient for the siid purposes subject to the restrictions in this Act contained. 103. Every such ro;id, street, bridge, and highway shall be kept in repair by To be kept in ™- the Corporation, and the default of the Corporation so to keep in repair shall be a p,w* % thf! . •. r • i i i i r- -i t • t> i r- i i /->• • . corporation on misdemeanour punishable by hue in the diser tion or the Court, and the Corporation p^n «f dam*- shall be further civilly responsible for all damages sustained by any person by reastfa fQ* o*f such default, but the action must be brought within three months after the damages have been sustained ; and this section shall not apply to any road, street, bridge, or highway laid Out without the consent of the Corporation by By-law, until established and assumed by By-law; 104. The Council shall pass By-laws, if they think fit, for the following purposes : 1. For raising, upon the petition of at least two thirds of the freeholders and householders resident in any street, square, alley, or fine, representing in value one- f^teping »u. half of the rateable property therein, such sums as may be necessary for sweepluLr, watering, or lighting the street, square, alley, or lane by means of a special rate on the rateable property therein ; but the Council m iv charge the general Corporate funds with the expenditure incurred in such making or repairing, or in such Sweeping, Watering, or lighting as aforesaid. 105. In all cases of Arbitration directed by this Act the proceedings shall be as follows : 1. Each party shall appoint one arbitrator, and give notice thereof in writings , , ii i n i ,i i • r, ■- • • i . i ii i ° Mode of appoiat- to the other party, and when the other party is a Corporation, the notice shall be ing arbitrators given to the Head of the Corporation ; $Jm£v% i. The two arbitrators appointed by or for the parties shall choose a third .... rr j t Third abitrator arbitrator ; 3 In case of an aroitration between the Corporation and the owners of pro- T • i , i t • i • n .1 * i ,m l In case of «xer- perty to be entered upon, taken, or used in the exercise ot the powers of the Corpo- ci»e of powers ration in regard to roads, streets, or other communications, or to drains and sewers, if JJVjg &cro*d*» after the passing of the By-law any person interested in the property appoints and gives due notice to the Head of the Council, of his appointment of an arbitrator to determine the compensation to which such person is entitled, the Head of the Council shall, within three days, appoint a second arbitrator, and give notice thereof to the other party, and shall express clearly in the notice what powers the Council intend to exercise with respect to the property (describing it) ; 4. If within one month after service on the owner or owners of the property if tbe owner of of a copy of any Bydaw, certified to be a true copy under the had of the Clerk of vropntj rnu the Council, the owner or owners omit naming an arbitrator and giving notice thereof arbitrator as aforesaid, the Council or the Head, if authorized by By-law, may name an arbitrator or behalf of the Council, and give notice thereof to the owner or owners of the property, and the latter shall, within seven days thereafter, name an arbitrator on his or their behalf; 5. In either of the cases provided for by the two preceding clauses, the two Time for *p- arbitrators shall, within seven days, appoint a third arbitrator, and their award shall bTtVatOT^Vnd be made within one month after the appointment; tor award 6. If any such owner or occupier neglects naming an arbitrator within seven days after receiving notice to do so, or if the two arbitrators do not, within seven c,Jlef Jastic* ** days from the appointment of the lastly named of the two arbitrators, agree on a lain case,, third arbitrator wLhin seven days after the lastly named arbitrators' appointment, or if an arbitrator refuses or neglects to act, the Chief Justice of the Supreme Court, on the application of either party, shall nominate as an arbitrator a lit. person, resident within the limits of the Municipality in which the property in question is situate, and Form [14] such arbitrator shall forthwith proceed to hear and determine the matters referred to him ; Appointmenu 7^ rpjie appointment of all arbitrators shall be in writing under the hands of the m°ade appointors, or in case of a Corporation, under the Corporate Seal, and authenticated in like manner as a Bydaw ; Head to appoint 8- Ttie arbitrators on behalf of the Corporation shall be appointed by the for corporation Council thereof, or by the Head thereof, if authorized by a By-law of the Council ; 9. Jn case there are several persons having distinct interests in property in re- where manv spect of which the Corporation is desirous of exercising the powers referred to in the teroatedYrithea°ove ^la.Ii^ci sub-section under a By-law in that behalf passed, whether such persons same preperty are all interested in the same piece of property or some or one in apart thereof, and some or one in another part thereof, 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 Joy one award, such persons shall have one month instead of seven days, to agree upon and give notice of an arbitrator, jointly appointed in their behalf before the Chief Justice of the said Court shall have power to name an arbitrator for them ; Arbitrators to be 10- Every arbitrator, before proceeding to try the matter of the arbitration, swom shall take and subscribe the following oath (or in case of those who, bylaw, affirm, make, and subscribe the foil owing affirmation) before any Justice of the Peace : " I, (A. B.) do swear (or affirm) that I will well, and truly UJ the matter referred "to me by the parties, and a true and impartial award make in the premises accord. ■■" ing to the evidence, So help me God," Which Oath or Affirmation shall be filed with the papers of the reference. 11. In case the award relates to property to be entered upon, taken or used, as Award to be mentioned in the said sub-section, and in ease the By-law did not authorize, or pro- taTncafe^must fess to authorize any entry, or use to be mada of the property before au award had be ^adopted|;)een mac]e> except for the purpose of survey, or in case the Bydaw did give or pro- within a cer. fess to give such authority, but, the arbitrators find that such authority had nor, be-jn acted upon, the award shall not be binding on the Corporation unless it is adopted by By-law within six weeks after the making of the award ; and if the same is not so adopted, the original By-lawshail be deemed to be repealed, and the property shall stand as if no such By-law had been made* and the Corporation shall pay the costs of the arbitration ; 12. In case of any award under this Act which does not require adoption by N°denc»adduced fhe Council, or in case ot any award to which the Corporation is a party, and which to be taken and is to be made in pursuance of a submission containing an agreement that the present cases sub-section of this Act should apply thereto, the arbitrator or arbitrators shall take, and immediately after the making of the award shall file with the Clerk of the Coun^ cil for the inspection of all parties interested, full notes of the oral evidence given on the reference, and also all documentary evidence, or a, copy thereof, and in case they proceed, partly on a view, or any knowledge or skill possessed by themselves, or by any of them, they shall also put in writing a statement thereof sufficiently full to allow the Court to form a judgment of the we'ght which should be attached there- ^; 13. Every award mide under this Act shall be in writing, under the hands of Tniie by at ah or two of the arbitrators, and shall be subject to the jurisdiction of the Supreme least two arbi- Court of Civil Justice of this Colony, as if made on a submission by a Bond coiw tra tors, k and . . ,, , . . , , -, r i r^ i subject to the taming an agreement tor making the submission a rule or order of such Court ; and supreme Court jn ^ cases provided for by the last preceediug sub-section, the Court shall consider powers of tve not only the legality of the award but the merits as they appear from the proceed- mauera11 8UC ingSj so filed as aforesaid, and may call for additional evidence to be taken in any manner the Court directs, and may, ei-thor without taking such evidence or after taking such evidence, set as de the award or remit the matters referred, or any of them, from time to time, to the consideration and determination of the same arbitrators, or to any other person or persons whom the Court may appoint, as prescribed in the "Common Law Procedure Act, 1854/' 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 the Court to require. By-LrwB 106. The Council may pass By-laws : Potnds to be *• ^or Providmg sufficient yards and inclosures for the safe keeping of such Provided animals as it may be the duty of the Poundkeeper to impound ; Animals running 3* For restraining and regulating the running at large of any animals, and at large 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 ; Appraising dam- %' ^or appraising the damages to be paid by the owners of animals for tres- agesdoneby passing contrary to the laws of the Municipality ; Compensation for 4. For determining the compensation to be allowed for services rendered in i m p o uniing carrying out the provisions of this Act with respect to animals impounded or dis^ trained and detained in the possession of the distrainor. oatbmay bead- 10*T. The Head of every Council, or in his absence, the Chairman thereof, may °aini.Btered administer an oath or animation to any person concerning any accounts or other concermg ac- j tr o j eounts matter submitted to the Council. Yearly rates to 108. The Council shall assess and levy on the whole rateable property within cfeuuo payfii *ts jurisdiction" a sufficient sum in each year to pay all valid debts of the Corporation debts whether of principal or interest falling due within the year. 109. Jhe Council may, under the formalities required by law, pass By-laws for yatin?de°btsCre borrowing money from time to time, not exceeding in the aggregate at any one time the sum of j$20,000 ; and for contracting debts not exceeding at any one time the total annual revenue of the Corporation ; and for levying rates for payment of such monies and debts on the rateable property of the Municipality, for any purpose within the Jurisdiction of the Council, but no such By-law shall be valid which is not in accordance with the following restrictions and provisions : Tencrof T. The By-law, if not for creating a debt for the purchase of Public Works, ' When to Lis] shall name a day in the financial year in which the same is passed when the By-law shall take effect ; , effoct' 2. If not contracted for Gas or Waterworks, or for the purchase of Public Works, the whole of the debt and the obligations to be issued therefor shall be made When debt tob* payable in twenty years at farthest from the day on which such By-law takes effect ; and if the debt is contracted for Gras or Waterworks, the sum shall in like manner be If[°r Ga< Work« paid in thirty years at farthest from the day on wh'ch the By-law takes effect ; 3. The By-law shall settle an equal special rate per annum* in addition to all To provide A other rates, to be levied in each year for paying the debt and interest ; yeaeiyrate 4. Such special rate shall be sufficient, according to the amount of rateable property appearing by the last Revised Assessment Rolls, to discharge the debt aud Sufficient »** interest when respectively payable ; 5. The amount of rateable property shall be ascertained, irrespective of any i Li , t> • p i ii p t»jt • • i n • J Irrespective of future/ increase ot the rateable property or the Municipality, and oi any income in future increase the nature of tolls, interest, or dividends, from the work or from any stock, shares, or prf0pertyteablu interest in the work, upon which the money to be so raised or any part thereof, is intended to be invested, and also irrespective of any income from the temporary investment of the sinking fund or any part thereof; 6. The By-law shall recite : (1). The amount of the debt which such new By-law is intended to create, and, %e^lobject"af in some brief and general terms, the object for which it is to be created ; dGbt (2). The total amount required by this Act to be raised annually by special The yearly rue rate for paying the new debt and interest ; for ike debt (3). The amount of the whole rateable property of the Municipality according Value of the to the last Revised Assessment Rolls : and ™tteable piop; (4). The annual special rate in the dollar for paying the interest and creating The .ear] rate an equal yearly sinking fund for paying the principal of the new debt according to for sinking *.u:~ a +. fund, and in- this Act. terest 110. Every By-law for raising upon the credit of the Corporation any money not To be assented to required for is ordinary expenditure, and not payable within the same municipal bJ the «*^ year, shall, before the final passing thereof, receive the assent of the electors of the Pd)e,i Municipality in the manner provided for in the following sections of this Act : 111. In case a By-law requires the assent of the electors of the Municipality if a By-Law r?- before the final passage thereof, or m case the m 'jority of the Council consider that luires the a«- any By-law should be referred for the purpose of obtaining such assent as aforesaid, elector the following proceedings shall be taken, except- in cases otherwise provided for : 1. The Council shall by the By-law fix the day, hour, and place for taking the Time and place votes of the electors thereon at every place in the Municipality at which the elections ^hxedly^f- of the Members of the Council therein are held, and shall also name a Returning law Officer fo take the votes at every such place, and such day shall not be less than three nor more than four weeks after the first publication of the proposed By-law as herein provided for ; 2. The Council shall, for at least one month before the final passing of the pros Proposed BT-iaw posed By-law, publish a copy thereof in some newspaper published weekly or oftener to t>o published in the Municipality, and also put up a copy of the By-law at four or more of the most public places in the Municipality ; 3. Appended to each copy so published and posted shall be a notice signed by NT0liee tq be- %w- the Clerk of the Council, stating that such a copy is a true copy of a proposed By- *n law, which will be taken into consideration by the Council after one month from the first publication in the newspaper, stating the date of the first publication, and naming the hour, day, and place or places fixed for taking the votes of the electors ; 4 At such day and hour a poll shall be taken, and all proceedings thereat and imi for the purpose thereof shall be conducted in the same manner as nearly as may be as at a Municipal Election ; 5. Every Returning Officer shall, on the d iy after the closing of the poll, re- ^bl returned turn his Poll Books verified to the City Cierk ; 6. The City Clerk shall add up the number of votes for and against the samecietk to sum up and shall certify to the Council under his hand whether the majority have approved and declare re or disappoved of the By-law, and shall keep the same with the Poll Book among the records of his office. 112. All Debentures and other specialities duly authorized to be executed on Debentu res" behalf of the Corporation shall, unless otherwise specially authorized or provided, be Bond*, &c sealed with the Seal of the Corporation, and be signed by the Head thereof, or by some other person authorized by By-law to sign the same, otherwise the same shall H°w to be Gx* not be valid. 113. Any Debenture heretofore issued under the Victoria Incorporation De- Debentures tran- benture Act, 1863, or issued after this Act takes effect, under the formalities required ^ei'able;l).v de- by law by the Council payable to bearer, or to any person named therein or bearer, able* to bearer may be transferred by delivery, and such transfer shall vest the property of such Debenture in the holder, and enable him to maintain an action thereupon in his own name. 114. Any Debenture issued as aforesaid, and made payable to any person or or if endorsed in order, shall, after the endorsation thereof in blank by such person, be transferable £^1^0 0" by delivery from the time of the endorsation, and the transfer shall vest the properly «ifr thereof in the holder, and enable him to maintain an action thereupon in his own name. 115. In a suit or action upon any such debenture, it shall not be necessary for the plaintiff to set forth in the declaration or other pleading or to prove the mode Inc^adin0g ^fs by which he became the holder of the debenture, or to set forth or to prove the irfbe piaintTir the notices, By-laws, or other proceedings, under and by virtue of which the deben- «ftfaeh»i<>pr ture was issued, but it shall be sufficient in such pleading to describe the plaintiff as the holder of the de1 entnre, (alleging the indorsation in blank if any) and shortly to state its legal effect and purport, and to make proof accordingly. [16] Fall amount re- neVortiate*dthat *^° Any such debenture, issued as aforesaid, shall be valid and recoverable to interest ex-the full amount, notwithstanding, its negotiation by such Corporation at a rate less percent*61©? tnan Par> or at a greater interest than twelve per cent per annum t«io*rpar 117. The Council shall not act as bankers, or issue any Bond, Bill, Note, De- • benture or other undertaking, of any kind, or in any form in the nature of a bank ^oBank^ng,"bill or note, or intended to form a circulating medium, or to supply the place of b ei«r J3111*' specie, or to pass as money ; nor, unless specially authorised so to do, shall any Council make* or give any bond, bill, note, debenture, or other undertaking, for the payment of any less amount than one hundred dollars ; and any bond, bill, note, debenture^ or other undertaking issued in contravention of this section shall be void. 118. In case any person issues or makes, or assists in issuing or making, or To iwue Bank knowingly utters, or tenders in payment or exchange any Bond, Bill Note, Deben- trary to tui ture or undertaking, of any kind, or iu any form, in the nature of a Bank Bill, or miid«meanor* Note, intended to form a circnlating medium, or to snpply the place of specie, or to act as money, contrary to this Act, such person shall be guilty of a niisde- meandr. ©rantingmonop- H9. The Council shall not have power to give any person any exclusive right oius prohibits of exercising within the City limits any trade, or calling, or to impose a special tax On any person exercising the same, or to require a license to be taken for exercising the same unless authorised, or required by statute so to do, but the Council may direct a fee, not exceeding one dollar, to be paid to the proper officer for a certificate of compliance with any regulations in regard to such trade or calling. Except at to an *^. Nothing in this Act contained shall prevent the Council from granting f«rry exclusive privileges in any ferry for a period not exceeding one year, which may be vested in the Corporation. 121. The Council shall, at the first or third meeting thereof in every year, after Auditors being duly organized, appoint two auditors, one of whom shall be such person as the Head of the Council nominates ; but no dne who at such time or during the preceding year, is or was a member, or is or was a (jlerk or Treasurer of the Council, or who Wsquaiification has, or during such preceding year had directly or indirectly, alone or in conjunction fmt office of wj^ any 0^ier person, a share or interest in any contract or employment with or on behalf of the Corporation, except as Auditor, shall be appointed an And tor. Dutitr^f 122. The Auditors shall examine and repdrt upon all accounts affecting the Corporation or relating to any matter under its control or within its jurisdiction for the year ending on the 31st day of December preceding their appointment. 123. The Auditors shall prepare an abstract of the receipts* expenditures, and To prepare Ab- liabilities of the Corporation ; and also a detailed statement of the said particulars in stract andde-gUcn form as the Council < irects, and report in duplicate on all the accounts audited ment of Ve~ by them ; and shall file the same in the office of the Clerk of the Council within one 'SSSidJtS11* *X~ mon*h after their appointment, and thereafter any inhabitant or rate-payer of the Municipality may inspect one of such duplicate reports at all reasonable hours ; and may by himself or his agent, at his own expense, take a copy thereof or extracts thereupon. 124. The Council shall, upon the report of the Auditors, finally audit and ThaVa^rflUnaiijt0 allow the accounts of the Treasurer, if any, the City Clerk, Collectors, and other officers, and all accounts chargeable against the Corporation, and the accounts of all persons having charge of Corporation monies, and in case of charges not regulated by law, the Council shall allow what is reasonable. cierk to publish 125. Tne Clerk shall print and publish the Auditors abstract, and shall also pub- ■tatementBand ^sa tne detailed statement in such form as the Council directs. oncers to enter 12^. Every Treasurer, City Clerk, and Collector before entering Upon the du- into %»nds forties of his office, shall enter into a bond to the Corporation of the City of Victoria their good eon. for the MMu] performance of his duties. 127. Such Bond shall be given by the Officer and two or more sufficient sure- F.riii bf Bonds tjeg, tQ ^j)e satisfaction of the Council in such sum as the Council requires by any By-law. Neglect of mis- 128. If an Assessessor or City Clerk refuses or neglects to perform any duty lecto^o^eiVrk required of him by this Act, he shall, for every such offence, upon conviction thereof before one or more Justices of the Peace having jurisdiction within the City limits, forfeit the sum of One Hand red Dollars Fraudulent as- 129. If the City Clerk, Assessor, or Collector, acting under this Act, makes "ecUonormak-fthy unjust or fraudulent assessment, or collection, or copy of any Assessor's or Col- jng a fraudu-lector's Roll, or Voters' List, or wilfully and fraudulently inserts therein the name of punishable ° ariy person who should not be entered, or omits the name of any person who should be entered, or wilfully omits any duty required of him by this Act, he shall be guilty of a misdemeanor, and upon conviction thereof, before a Court of competent jurisdiction, shall be liable to a fine not exceeding five hundred dollars and to imprisonment until the fine be paid; or to imprisonment in the Common Gaol for a period not exceeding six months, or to both such fine and imprisonment in the discretion of the Court. °AR3e™or for 130. Am Assessor convicted of having made any fraudulent and unjust assess- makingafrau- meuf shaii be sentenced to the greatest punishment, both of fine and imprisonment al- dubnt assess- * ,. ° r ' * ment lowed by this Act. 131. If a Collector refuses or neglects to pay to the person legally ^e°ompd"fn^ to rece^ve tae same, the sums contained on his Roll, or duly to account leeto-g to ac-for the same as uncollected, the City Clerk of the Canned so directs, shall, within oT«mon'ie8Pay twenty days after the time when the payment ought to have been made, issue a Warrant under his hand and seal, directed to the Sheriff of Vancouver Island, commanding him to levy of the goods, chattels, lands and tenements of the Collector and his suret;es, such sum as remains unpaid and unaccounted for, with costs, and to pay the person or persons authorized to receive the same, the sum so unaccounted for, and to return the Warraut within fourteen days after the date thereof. [17] 132. The said City Clerk, if the Council shall so direct, shall immediately de- Ci1tiyv^rler^°r^t liver the Warrant to the Sheriff of Vancouver Island. SSherS^ 133. The said Sheriff to whom the Warrant is directed, shall, within fourteen she iff to execute days, cause the same to be executed and make return thereof to the City Clerk, and such warrant pay to him the money levied by virtue thereof, deducting for his fees the same compensation which the Collector would have been entitled to retain. 134. If anv person wilfully tears down, injures, or defaces any Assessment Roll, Advertisement, Notice, or other Document, which is required by this Act, to be-earing down or posted up at a public place for the information of persons interested, he shall, on Cessment Rbu conviction thereof in a summary way before any Justice of the Peace having jurisdic- Notices &c tion within the City limits be liable to a fine not exceeding the sum of one hundred dollars. 135. Any Writ of Execution against the Corporation may be endorsed with aw its of exoeii. direction to the Sheriff to levy the amount thereof by rate, and the proceedings there- cbrporatfo*!"81 on shall then be the following : 1. The Sheriff shall deliver a copy of the Writ and indorsement to the City Clerk, or leave such copy at the office or dwelling house of that Officer, with a state- ~ liverstatement ment in writing, of the Sheriff's fees, and of the amount required to satisfy such ex- £[ £he city edition, including in such amount the interest calculated to some day, as near as is convenient to the day of the service ; 2. In case the amount, with interest thereon from the day mentioned in the statement, be not paid to the Sheriff within one month after the service, the Sheriff "0°be'struck* * shall examine the Assessment Rolls of the Corporation, and shall, in like manner as rates are struck for general Municipal purposes, strike a rate sufficient in the dollar to cover the amount due on the execution, wiih such addition to the same as the Sheriff deems sufficient to cover the interest, his own fees and the Collector's per centage, up to the time when such rate will probably be available ; 3. The Sheriff shall thereupon is^ue a precept or precepts under hi* hand and Sheriffs precept seal of office, directed to the Collector, or respective Collectors of the Corporation, toleT>' and shall annex to every precept the roll of such rate, and shall by such.precept after reciting the list, and that the Corporation had neglected to satisfy the s line, and referring to the roll annexed to the precept, command the Collector or Collectors as aforesa'd to levy such rate at the time-and in the manner by law required in respect of the general annexed ratts ; ■'- 4. In case at' the time for levying the annual rates next after the rece.pt of who to collect such precept the Collector or Golle tors ha('e a general rate roll delivered to them for the rate %ich-year they shall add a column thereto, headed ." Exemption Rate in A. ]J vs. -The Corporation of Victoria,'7 and shall'insert therein the amount of such precept required to be levied upon each person respectively'', and shall levy the amount of such execution, rate as aforesaid, and shall, within the time they are by law'required to- make the returns of the general atu.uaj rate, return to the Sheriff the precept with the amount levied thereon, after deductingtheir per centage ; ' ; . ' o.'/The Sheriff shall, after satisfying, the, execution and .a 11 fees thereon, pay any surplus,1 within ten days after receiving the same, to the City Clrrk, for the general s,1,'plu* purposes of the Corporation. ; > 6. 'I he City Clerk, Assessors, and Collectors of the Corporation shall, for all cierk. Assessors, purposes, connected with carrying into effect, or permitting, or assisting the Sheriff to JJb.* offlrlr?df carry into effect the provisions of this Act with' respect to such executions, be deemed theCourtfr«>1.a to be Officers of the Court out of which the writ was issued, and as such shall be sues.' amenable to the Court, and may be proceeded against by attachment or otherwise to compel them to perform the duties 'hereby imposed upon them. 136. All municipal, local, or direct taxes, or rates shall, when no other express Taxes t-> be lev- provision has been made in this respect, be levied equallv upon the whole rateable ^f the rateable property, real and personal, in the Municipality according to the assessed value of w*'ve**y such property, and not upon one or more kinds of property in particular or in different,proportions. 13?. All land and personal pioperty in the City of Victoria shall be liable to Plyperty liable to . „ i. l r . J , . J taxation taxation subject to the following exemptions, that is to say : 1. All property vested in or held by Her Majesty or vested in any public body, A11 propevty oe- or body corporate, officer, or person in trust for Her Majesty, or for the public uses of longing to r>| the Colony, and also all property vested in or held by Her Majesty or any other person * J -s'} or body corporate in trust for, or for the use of any tribe or body of Indians, and either unoccupied or occupied by some person in an official capacity ; 2. . When any property, mentioned in the preeeed;ng sub-section number one, is unless occupied occupied.by any person otherwise than in an official capacity, the occupant shall be assessed in respect thereof, but the property itself shall not be liable ; 3. Every place of worship, churchyard, or burying ground ; Piaco« of Worship a : 4. The real estate of every university, college, incorporated grammar school, or other incorporated seminary of learning, whether vested in a trustee or otherwise, school Land* so long as such real estate is actually used and occupied by such institution, but not if otherwise occupied or if unoccupied ; 5. Every public school house, town or city hall, court house, gaol, bouse of school house ntj correction, lock-up house, and public hospital, with the land attached thereto, and the Hal1 personal property belonging to each of them ; 6. Every public road and way or public square or street ; . Public squares 7. The property belonging to the Corporation of the City of Victoria, whether _ occupied for the purpose thereof or unoccupied ; ' "rtj'lpa pr°P 8. Every industrial farm, poor-house, house of industry, and lunatic asylum, Houses &e J d and every house belonging to a company for the reformation of offenders, and the real i or phiian- and personal property belonging to or connected with the same ; PoscTC pur~ 9. The property of every public library, mechanics' institute, or other public ( literary or Scientific institution, and every agricultural society ; °tuTion1 *%tl 10. The personal property and official income of the Governor of the Colony ; Personifr^rert 11. The full or half-pay of any one in any of Her Majesty's naval or military of u. Lis] imperial salaries services, or any pension, salary, or other gratuity or stipend derived by any person gTa10, tfi t ies!from Her Majesty's Imperial Treasury or elsewhere out of this Colony, and the per- Prtv°ofaofflcerssona11 ProPerty of* any person in such naval or military services on full pay, or other- on fun pay wise in actual service ; pensions under 12. All pensions under two hundred dollars a year payable out of the public two hundred • 0 ,T • n 1 dollars a year monies of thlS Colony ; income of firm- 13. The income of a farmer derived, from his farm, and the crops the produce •r8 thereof for the current year ; personaiproperty 14. So much of the personal property of any person as is secured by a mortgage BJL«*J™ by uoon land, or is due to him on account of the sale of land the fee or freehold of which is vested in him ; stock owned out 15. All property, stocks and other securities which any party may own out of of the city this City; personal proper - 16. So much of the personal property of any person as is equal to the just of debts^ue111 debts owe& by him, except such debts as are secured by mortgage upon his real estate or may be unpaid on account of the purchase money therefor ; personally under *7- Tne nett personal property of any person, provided the same be under one $ioo huudred dollars in value ; Ministers salary 18. The stipend or salary of any minister of religion from whatever source de- under $2000 rived, as long as the same does not exceed two thousand dollars ; Hbooks0l&cffecU *^* Householder's effects, books, and wearing apparel. 138. The Council shall every year make estimates of all sums which may be ^madV" t0 be reQul"re<^ f°r tne law^l purposes of the City for the year in which such sums are required to be levied for the Municipality, making due allowance for the cost of collection and for the abatements and losses which may occur in the collection of the tax, and for taxes on the lands of non-residents which may not be collected. 139. The Council of the City of Victoria may pass one By-law or several By- Brin^noneyaby laws authorizing the levying and collecting of a rate or rates of so much in the dollar rate upon the assessed actual value of the property therein, as the Council deem sufficient to raise the snms required on such estimates, not exceeding in any one year more than one cent in the dollar of such actual value. if the amoun' ^q If the amount collected falls short of the sums so required, the Council eohected tails , • i /• i i i »w x shon may direct the deficiency to be made up from any unappropriated fund belonging to the Corporation. E8red*JedtoPrboe 141. If there be no unappropriated fund, the deficiency may be equally de* Portionatiy ducted from the sums estimated as required or from any one or more of them. IfexS°lleesS 142- If tne sums collected exceed the estimates, the balance shall form part of mate, the bai-the general fund of the Corporation and be at the disposal of the Council, unless '" of the^neral otherwise specially appropriated, but if any portion of the amount has been collected fund, a ad to be on acCount of a special tax upon any particular locality in the Municipality, no less a of the council sum shall be appropriated to the special local object than has been collected. Yearly taxes to 143. The taxes or rates levied or imposed for any year shall be considered to from c°Ktutt»f nave been imposed for the then current year, commencing with the first day of Janu- jany, unless ary unless otherwise expressly provided for by the enactment or By-law under which Otherwise or- , J' ,. , L , , J .r, J J dered the same are directed to be levied. one or more as 144. The Council shall annually appoint such number of Assessors and Collec- appSo?ntedaand t°rs for the City as they may deem necessary, and may appoint and assign to each ^^"y^^d Assessor and Collector the Assessment District or Districts therein, within which he forthe purpose shall act, and may prescribe regulations for governing the Assessors in the performance of their duties. ^^^prepared *^* ^ne Assessor or Assessors shall prepare an Assessment Roll, in which, its form and after diligent enquiry, he or they shall set down according to the best information to content* be faad . 1. The names and surnames in full, if the same can be ascertained, of all taxable persons resident in the Municipality who have taxable property therein, or in the District, for which such Assessor or Assessors has or have been respectively appointed ; 2. And of all non-resident freeholders who have either in person or in writing required the Assessor to enter their names and the land Owned by them in the Roll; and 3. The description and extent or amount of property assessable against each ; 4 And such particulars in separate columns as follows : Column 1. Name of taxable party ; Column 2. Name of street, square, or other "-designation in which the real property lies . Column 3. Number of lot, house (ij: numbered), <fec ; Column 4. Number of acres or other measures showing the extent of th* property ; Column 5, Actual value of each separate parcel ; Column 6. Actual value of the real property assessed ; Column T. Amount of taxable income ; Column 8. Total assessed value of personal property. sessed^in the 146. Land shall be assessed in the Ward in which the same lies, and this shall Ward include the land of Incorporated Companies as well as other land ; Land to be as- . sessed in own- 147. Land occupied by the owner shall be assessed in his name. ers name 148. As to land not occupied by the owner, but of which the owner is known, if ladd not occu-and who, at the time of the assessment being made, resides, or has a legal domicile, owner but the or Place of business in the Municipality, or who has signified personally or by writing kUowner is t0 tlle ^ssessor tnat neowns tne hind and desires to be assessed therefor, the same shall be assessed against such owner alone if the land is unoccupied, or against the owner and occupant if such occupant be any other person than the owner. [19] and occupant taxes may be recovered from a w y fnture owner or occu pant Lands of nonresident-;, how- to be designated and dea- cribed on the A s 8 e a anient Koll 149. If the owner of the land be not resident, or be unknown, and has not re- uywrmr nonr** quested to be assessed therefor in the manner in the last-section mentioned, then if ident^andun- land is occupied, it shall be assessed in the name of and against tW-oecrrpnntr-hut if the land be not occupied, then it shall be assessed as land of a notices- dent. If land assessed 150. When the land is assessed against both the owner and occupant, the As- against owner, sessor shall, on the Roll, add to the name of the owner the word " owner,'7 and to the name of the occupant the word " occupant/7 and the taxes may be recovered from either or from any future owner or occupant, saving his recourse against any other person. 151. When land is owned or occupied bv more persons than one, and all their If,land occupied * o v vex o i* c own- names are known to the Assessor, they shall be assessed therefor ; but if the names era than one of all are not so known, those of them whose names are known, shall be assessed for the whole, saving their recourse against the others, and the names of all known owners and occupants shall be mentioned. when tenants 152. Any occupant may deduct from his Rent an;? taxes pdd by him, if the £«« ?°d0Um same could also have been recovered from the owner, unless there be a special agree- rent ment between the occupant and the owner to the contrary. 153. The Assessor shall write opposite the name of any non-resident Free- Assessor tevnoto holder who requires his name to be entered on the Roll, the word "non-resident" ?f0racqu?reden and the address of such Freeholder. 154. Real property shall be estimated at its full value as it would be appraised RebaJ p™£e^7ted in payment of a just debt from a solvent debtor. at ii» full v*u 155. As regards the lands of non-residents, who have not required their names to be entered by the Assessor, the Assessors shall proceed as follows : 1. They shall insert such land in the Roll, separated from the other assessments, and shall head the same as " Non-residents" " Laud Assessments;" 2. If the land be not known to be subdivided into lots, it shall be designated by its boundaries or other intelligible description; 3. If it be known to be subdivided into lots, or be part of a patch known to be so sub-divided, the Assessors shall designate the whole tract in the manner prescribed with regard to undivided tracts, and if they can obtain correct information of the sub-divisions, they shall put. down in the Roll, and in a first column, all the unoccupied lots, by their numbers and names alone and without the names of the owners, beginning at the lowest number and proceeding in numerical order to the highest, in a second column, and opposite to the number of each lot, they shall set down the quantity of land therein liable to taxation ; in a third column, and opposite to the quantity, they shall set down the value of such quantity, and if such quantity be a full lot, it shall be sufficiently designated as such by its name or number ; but if it be part of a lot,, the part shall be designated by bound tries, or in some other way by which it may be known. 156. No person deriving an income exceeding two hundred dollars per annum How per,«or>» ,df• from any trade, calling, office or profession, shall be asesssed for a less sum as the comeVom anr amount of his nett personal property than the amount of such income during the y*d.e or **£* year then last, but such last year's income shall be held to be his nett personal prop- assessed erty, unless he has other personal property to a greater amouut. 157. The personal property of au Incorporated Company shall not be assessed How theprcpertr against the Corporation, but. each shareholder shall be assessed for the value of stock °f.th"(,°npoi!l ■° . i i i i i • r i • i ii » • i ation frhall oa or shares held by him, as part or his personal property, unless such stock is exempted assessed by this Act. 158. The personal property of a partnership shall be assessed against the firm Personal pr.per- at the usual place of business of the partnership, and a partner in his individual ca- J&p^hwami pacity shall not be assessable for his share of any personal property of the partner- where t o be ship which has already been assessed against the firm. 159. If a partnership has more than one place of business, each branch shall be Ae to partner, assessed, as far as may be, in the locality where it is situate, for that portion of the ?ershiP* hav- personal property of the partnership which belongs to that particular branch ; and if this cannot be done the partnership may ele^t at which of its places of business it will be assessed for the whole personal property, and shall be required to produce a certificate at, each of the other places of business of the amount of personal property assessed against it elsewhere. 160. Every person having a Farm, Shop, Factory, Office, or other place ofWhere. person* business, where he carries on a trade, profession, or calling, shall, for all personal t^dTo? improperly owed by him (wheresoever situate) be assessed in the Ward where he has ne"*. s*al1 £e such plate ot business at the time when the assessment is made. personal pr P- 162. If he has two or more places of business in different Wards he shall be "rty assessed at each for that portion of his personal property connected with the businessIf the part j ha8 carriedon thereat ; or if this carnot be done, he shall be assessed for part of his personal property atone* and a part at another of his places of business, or for all his personal'property atone a such place at his discretion ; but he shall m al( such cases produce a certificate at each place of business of the amount of personal property assessed against him elsewhere. 162. If any person has no place of business he shall be assessed at his .place of residence. 163. Personal property in the sole possession or under the sole control of any In ca*« °^ Epperson as trustee, guardian, executor or administrator, shall be assessed against such ni0T!ikG person alone. • ' i /»j x o i t -,, ,, , Seperate assam- 164. In case ol personal property owned or possessed by. or under the control ments of joint of more than one person resident in the Municipality or Ward, each shall be as- °slorsS °r po*" sessed for his share only , or if they hold in a representative character then each shall be assessed for an equal portion only. 165. When a person is assessed as Trustee, Guardian, Executor or A'dnaiins- Part'c? t^e.-W trator, be shall be assessed as such with the addition to his name of his representative ?o iTvl^thfir more thai> one place of business tWo *o r n ore places of bagi- ne.ss If the party ha« ho- place of businetn [20] representative character, and such assessment shall be carried out in a separate line from his in&i- charicter at-v,;^ua| assessment, and he shall^be assessed for the value of the real and personal estate tached to their .,,,,. . \ , . . -,. . -. , . . . . T> i . 1 names held by him, whether in his individual name or in conjunction with others in such representative character, at the full value thereof, or for the proper proportion thereof, if others resident within the Municipality be joined with him in such representative character. Particulars res- 166. It shall be the duty of every person assessable in the Municipality pectmg prop-t0 give all necessary information to the Assessors, and if required by ertv or income t x « to be delivered the Assessor or by one of the Assessors, if there be more than one, he shall de- writmgSbyr the ^ver to mm a statement in writing, signed by such person (or by his Agent, if the per- parties" to bo son himself be absent) containing all the particulars respecting the property or income assessable against such person which are required in the Assessment Roll ; and if any. reasonable doubt be entertained by the Assessor of the correctness of any information given by the party applied to, the Assessor shall require from him such written statement, statements giv- 161. No such statement shall bind the Assessor, nor excuse him from making • not bmd^on ^ue enquiry to ascertain its correctness ; and notwithstanding the statement, the As- Assebsors9 sessor may assess such person for such amount of property or income as he believes to be just and correct, and may omit his name or any property which he claims to own or occupy, if the Assessor has reason to believe that he is not entitled to be placed on the Roll or to be assessed for such property. Penalty for> not 168. In case any person fail to deliver to the Assessor the written statement gmng 8tate-mentioned in the preceding section when required so to do, such person shall forfeit : to the Corporation a sum not exceeding $100 to be recovered as a debt due to such Corporation. penalty on par- 169. In case any person knowingly states anything falsely in the written siate- ties making raent required to be made as aforesaid, he may be summarily convicted thereof before ments any Justice of the Peace having jurisdiction within the Municipality and shall be lia ble to a fine of not more than $100. AnotueSto° par! 170- Every Assessor, before the completion of his Roll, shall leave for every ties of the vrti-party named thereon, and resident or domiciled, or having a place of business within their°fpropel the Municipality, and, shall transmit by post to every non-resident named thereon, a ties are as- notice of the actual value at which his real property, and of the sum at which his personal property or income has been assessed. At what time the. 111. The Assessors shall make and complete their Rolls in every year between £s1iseus^eut the first day of February and such day not later than the first day of May, as the Roll shall be ...*'. , ", Vi 1 1 *n • i ■ cimpieted ^ CJouncil appoints, and shall attach thereto a certificate signed by them respectively, ;,vand,,yerified upon oath or affirmation in the form following : , - " I do certify that I have set down in the above Assessment Roll all the real -nertificate tobe *' property liable to taxation situate in the City of Victoria or the ' "Ward, ^a^hJ|d ;fc]° -' and ^the actual value thereof in each case, according to the* best of my inform at ion ax: m u-apd.judgment, and .also that the said Assessment Roll contains a true statement of • ;". r,;; >•'" .^: the aggregate amount of the personal property of every party named in the said ; • ';- C^Roll ; and that I have estimated the same according to the best of my information '■■ and belief; and I further. certify that I have entered therein the names of-all the- , ':'v--'- •-it:*-'*.i-5^?i? rf^iSjBn^.i^p.as^hLqldera and freeholders, and of al! other freeholders who have required ;f; 1; j;"' ^?;-i'3:<'<>:^Jt',,nam;e/-f^ ' be entered thereon, with the true account of property occupied or ... ' - ! • v'oWnedJ^.eiicl^ and that I have not entered the name of any person whom I-do not il truly believe to be a householder or freeholder or the bona fide occupier or owner ltr . ^ , ? n'-w/ !:'■of the..property set down opposite his name for his own use and benefit." n'^se^mumb\i.r:--,:^n }J2-'/. jEyery; ..'Assessor shall deliver to the City Clerk the Assessment Roll com-■ '■ to th'^c^1^*^^-te<^ anf^ ac^ed UP' Wlh^ tne certificates and affidavits attached, and the Clerk shall the c'itj ° thereupon make a copy of every such Roll, arranged in the alphabetical order of the surnames, and shall cause such copy to be put up ni a convenient and public place in the Municipality or Ward, and to be maintained there until after the Meeting of the N. Court of Revision. Court of Revis- 173- The Members of the Council shall be the Court of Revision for the Mu- ion nicipality. Three to le a., , 1^4. Three Members of the Court of Revision shall be a quorum, and a ma- quorum jority of a quorum may decide all questions before the Court. rT^obekrk' wh°■■•■■'■' K75- The City Clerk shall be the Clerk of the Court. . Courtmay meet :: f76. The Court may meet and adjourn from time to time at pleasure, or may frotn- tTmeUWbe summoned to meet at any time by the Head of the Municipality. ?. . • . " time r 177. The Court or' any Member thereof may administer an oath to any party -G°mim^ryoa,th«i or witness, and may"issue a summons to any witness to attend such, Court, • ,• ° Penaityj onwit- 1?8. If any witness so summoned fails to attend,.having been tendered com bes who re- pensation for his time at the rate of one dollar a day, he shall incur a penalty not exceeding $50, to be recoverable with costs, by and to the use of the Coporation in ^ny way in which penalties incurred under any By-law;thereof may be recovered. The court t0 t-y 1^' A* tne ^me or times appointed the Court shall meet andtry all complaints complaint o f in ' regard to persons wrongfully placed upon or omitted from the Roll, or being TesTment as~ assessed at too high or too low a sum. • . , The court "to dn- 18°- ^11 tne duties of the Court of Revision which relate to the matters afore- i.«hits business said shall be completed and the Rolls finally revised by the Court before the first dav by the first of P T • J jubI, of June m every year. , course of pro 181. The proceedings for the trial of complaints shall be as follows : ceedingsinthe \ Any person complaining of an error or omission in regard to himself as hav- piaints' ing been wrongfully inserted on or omitted from the Roll, or as having been under charged or overcharged by the Assessor in the Roll, may personally or by his agent, within fourteen days after the time fixed for the return of the Roll, give notice in writing to the Clerk of the City that he considers himself aggrieved for any or allof the causes aforesaid ; [21] $. If a municipal elector thinks ^jJiat any person has been assessed toc~low or Elector too high, or has been wrongfully inserted on or omitted from the Roll, the Clerk shall, t links a per son on bis request in writing, give notice to such person and to the Assessor, of the time g1*^6^ ** when the matter will be tried by the Court, and the matter shall be decided in the low or too same manner as complaints by a person assessed ; hlgh a rate 3. The Clerk of the Court shall post up in some convenient public place within { the Municipality or Werd a list of all complainants on their own behalf against the notice ° g r* Assescors' return, and of all complainants on account of the assessment of other persons (stating the names of each), with a concise description of the matter complained against, together with an announcement of the time when the Court will be held to hear the complaints ; 4. Such list may be in the form following : Appeals to be heard at the Court of Revision, to be held at Farm on the day of 186 appelllant. 1 RESPECTING WHOM. MATTER COMPLAINED OF. A. B. C. D. G. H. L. M, &c. Self. E. F. 1. K. NO. &c. Overcharged on land Naire omitted Not bona fide occupant I Personal property undercharged &c. 5 The Clerk shall also advertise in some newspaper published in the City of, Victoria the time at which the Court will hold its first sitting for the year; Virtue 6. The Clerk shall also cause to be left at the residence of each Assessor, a list. , t ii i i - i • -r» ii *° lp*vp a Hit of all the complaints respecting his Kill; with thi a»- 7. The Clerk shall prepare a notice in the form following for each person with ^see88or respect to whom a complaint has been made: noSo?*** * Take notice that you are required to atte,:d the Court of Revision at on the day of .18 in the maiter of the following appeal Appellant (G.TI.) Subject (that you are not a bona fide occupant) To J, K. (Signed) X, Y. City Clerk. 8. If the person residvs or has a place of business in the Municipality, the Clerk SerTied to i>«&t shall cause the notice fo be left at the person's residence or place of business; residence 9. Or if the person be not known, or 5>e not resident in the Municipality, then to be left with some grown person on the premises assessed, or to be addressed id ^^how^st- such person through the Post Office; t^d 10. Every notice hereby required, whether by publication, advertisement, letter, or otherwise, shall be completed at least' six (lavs before the sitting of the Service to b? iU ,>. l J days Court; y 11. If the party assessed complains in person, or by his agent of an overcharge Ap-,e.irance and on his personal property, he, or his aarenL may appear before ilie Court, and make a decieration of , i V- • tlr x- r i, • ■ - ■ pe.sons deem- declaration m the ioim following : \ui themselves I A. B., do solemnly declare that the true value of all the personal property (or oru an^ for income) assessable against me (or against me as Irustee, Guardian, sLxecutor, wc, or overcharged against C. I)., for whom I am agent,) (as the case may be) after deducting the just debts due by me (as such Trustee c§c, or by G. D.) does not, to the best o! my knowledge and belief, exceed the sum of. dollars (and if the declaration is made by an agent add :) and that I have the means of knowing, and do know the extent and value of the personal property assessable agains" C. D., and the Court shall thereupon enter the person assessed at sueh an amount of personal property or income as is specified in the declaration, and no more ; and if any party makes a wilfully false statement in any such declaration, he shall be guilty of a misdemeanour, and shall be punished as for perjury. 12 In other cases the Court, after hearing upon oath, the complainant and the in othtr c& et Assessor or Assessors and any witness adduced by or on behalf of either of them,shall *% Courfe u j a. - i -i r> . , ^ ,. t i determine determine the matter and confirm or amend the Koll accordingly; 13. If either party fails to appear, either in person or by an agent, the Court When to proceed may proceed ex parte. exparte 182. The Roll as finally passed by the Court, and certified by the Clerk as so passed, shall be valid, and bind all parties concerned, notwithstanding any defector 1any pVsed^o error committed in or with regard to sueh Roll, except in so far as the same may be WndiU-pwtie* further amended, or appeal to the Chief Justice. 183 The Court shall also, before or after the first day of June, and with or Further powert without any notice, receive and decide upon the Petition from any person assessed f;(r,^edof ^* for a tenement which has remained vacant during more than three months in the year nm& for which the assessment has been made, or from any person who declares himself from sickness or extreme poverty unable to pay the taxes, or who by reason of any gross and ..manifest error hi the Roll as finally passed by the Court, has been overcharged more than twenty-five per cent on the sum he ought to have been charged, and the Court may, subject to the provisions of any By-law in this behalf, remit or reduce the taxes due by any such person, or reject the Petition, and the Council of the Municipality may, from time to time make such By-laws and repeal or amend the same, A 184. If a person be dissatisfied with the decision of the Court of Revision, he Person, diSEati8 may appeal therefrom, in which case : tied with dec- 1. He shall within three days after the decision, in person or by attorney or 0slf011 Kevuum agent, serve upon the clerk a written notice of his intention to appeal to the Chief ma>' appeal to Justice of the Supreme Court; premeComtii 2, The Clerk shall thereupon give notice to all parties appealed against, in the ^what™^"11^ same manner as is provided for notice of complaints by the section of this Act; [22] 3. The party appealing shall, at the same time, and in like manner, give a written notice of his appeal tothe Registrar of the Sipreme Court, and shall deposit with him the sum of five dollars for each party appealed against as security for the cost of appeal; 4. The Chief Justice-shall appoint a day for hearing the appeal; 5. The Registrar aforesaid shall canse a conspicuous notice to be posted up at the Supreme Court House containing the names of all the appellants, and the parties appealed against with the date at which a Court will be held to hear the appeal. 6' At the Court so holden the Chief Justice shall hear the appeals, and may adjourn the hearing from to time, and defer the judgment thereon at his pleasure, so- that a return can be made to the Clerk of the City before the 15th day of' July. Assessmo»t noli 185. At the Court so holden, the Clerk of the City, or other person having to coun°ofURed tDe charge of the Assessment Roll, shall appear and produce such Roll, and also all vision papers and writings in his custody, connected with the matter of appeal ; and when And amended such Roll is so produced in Court, the same shall be altered, and amended according thT^dec'is* °t0 the decision of the Chief Justice, (if then given) who shall write his initials of the judge * against any part of the said list in which any mistake, error, or omission is corrected Amendments 6r ^pphsdj or h^ the sa'd Roll be not then produced^ or the decision be not then how certifk'dgiven by the Chief Justice, or if so ordered by the-Chief Justice, such decision and, judgment shall be certified by the Registrar to the Clerk of the City, who shall forthwith alter and amend the Roll according to the same, and shall write his name against any such alteration or correction, •judge tohare 186. In all proceedings before the Chief Justice, under or for the purposes of power to. ex this Act, such Chief JPastce shall possess all such powers for compelling the atteiir oatb. dance of, and, for the examination on oath of all parties, whether claiming or objecting,, or objected to, and all other persons, whatsoever, and for the production of books, papers, rolls, and- documents,, and for the enforcement of his orders, decisions,. and judgments, as belonging to> or might be exercised by him, either in term time or vacation, in the Supreme- Court in relation to any matter or suit depending in the said Court. 'portioned* bPy 1&7. The cost of any proceeding before the Chief Justice as aforesaid, shall be hVenibr ^ Pa^ ^y', or apportioned between the parties in such'manner as the Chief Justice shall think fib, and costs ordered to be paid by any party claiming, or objecting, or objected to, or by Assessor, Clerk of the City,, or other person, may be enforced by Executionfrom the Supreme Court, in the same manner as upon an ordinary judgment recovered in such Court. By what scale of 188. The costs shall be taxed according to the Schedule of fees for the recovery to be taxed* ar> of debts in the Inferior Courts. Decision of judge 189. The decision and judgment of Judge, or Acting Judice, shall, be final and to be final conclusive in every case adjudicated upon, and the Clerk of the City shall amend the Rolls accordingly, ^atute a our jg^ ^ pergori! jn prer Mafesty's naval or military service on full pay or on Persons in mill- , . . . ,1'ri , .. ,, , ., . , ,' ,, ^ , e tary service actual Service shall be liable to perform- statute labor or to commute therefor * 191. Every other male inhabitant of the City of Victoria, of the age of tweuty- Who liable and one Jears anfl upwards and under sixty years of age (and not otJierwise exempted by to wh&t law from performing statute labor) who has not been assessed upon the Assessment amount Rolls of the City of Victoria, or whose taxes do nor amount to four dollars shall, in stead of such labor, be taxed at four dollars yearly therefor, to be levied and collected in the same manner as other local taxes. 192. No person shall be exempt from the tax in the last preceding section %orrnetdbrper"name(^ ^y reason of his producing a certificate of his having performed statute labor or paid the said tax elsewhere, unless, he was actually domiciled out of the limits of the City at the time he so performed the said statute labor or paid said tax ; and no non-res;dent shall be liable to the tax named in the last preceding section ; 193. If the Collector be not able to collect the sum of four dollars named in Y^lievi of stS fhe section, and no sufficient distress to satisfy the sum due can be found, then' the ma\eeenfo°rcl^ea(^0^ Municipality or a Justice of the Peace having jurisdiction therein, upon ed hy distress complaint, showing that the person appears upon the Collector's Roll to be rated for or committal suc^ gum^ t|iat ^e game has Deen fiu\y demanded, and that the party has neglected to pay the same, and that no sufficient distress can be found, may issue a warrant, under his hand and seal and commit the party to the Common Gaol for any time not exceeding six days, unless such sum and the costs of the warrant and the execution thereof be sooner paid. CimakeeoSacor 1&4, The Clerk of tbe Cl^ of Vlctoria sba11 make out a Collector's Roll for lectr's roil its each Ward of the City, on which he shall set down the name in full of every person form and con tents assessed, and the assessed value of his real and personal property as ascertained after the final revision of the Assessments, and he shall calculate, and opposite the lot or parcel of land as therein described of each respective party, he shall set down the amount with which the party is chargeable in respect of sums ordered to be levied by the Council of the City for the purposes thereof, and in other columns any special rate for collecting the interest upon Debentures issued, or any local rate or other special rate,, the proceeds of which are required by law or by the By-law imposing it, to be kept distinct and accounted for separately. 195. Every last-mentioned rate shall be calculated separately, and the column headed8 ° e therefor headed, " Special Rate," " Local Rate," as the case may be. Duto4s o°n re°ceivl 196- Tne Collector, upon receiving his Collecting Roll, shall proceed to collect ing collection the taxes therein mentioned. / roll He shall demand 197. He shall call at least once on the person taxed, or at the place of his usual the payment of residence or domicile or place of business,, and shall demand payment of the taxes fl"i, and if any person whose name appears on thV'Rolf'bmot payable by such person, [23] resident within the City limits, the Collector shall transmit to him by post a statement and demand of the taxes charged against him on the Roll. 198. In case any person neglects to pay his taxes for fourteen days after such if payment ie demand made as aforesaid, the Collector shall levy the same with costs, by distress of {^^Jo ievv the goods and chattels of the person who ought to pay the same, or of any goods or the tax by dis- chattels in his possession wherever the same may be found within the Colony. tress sale 199. In case of the land of non-residents, the Collector, after one month fromwhen, collectors the date of the delivery of the Roll to him, and after fourteen days from the time of n^y distrain such demand, may make distress of any goods and chattels which he may find upon orra ea the land, and no claim of property, lieu, or privilege shall be available to prevent the sale or the payment of the taxes and costs out of the proceeds thereof. 200 The Collector shall, by advertisement posted in at least three public places in the Ward wherein the sale of the goods and chattels distrained is to be made, give Ptibiic notice of at least six days public notice of sale, and of the name of the person whose property and ^whlt is to be sold, or in case of a non-resident whose name is not known to the Collector, manner of the number and description of the lot on account of the taxes on which the distress has been made ; and at the time named in the notice, the Collector shall sell at public auction the goods and chattels distrained or so much thereof as may be necessary. 20-1. If the property distrained has been sold for more than the amount of the surplus if untaxes and costs, and if no claim to the surplus be made by any other person on the lonTtoand bo ground that the property sold belonged to him, or that he was entitled by lien or PaiiJ ?*^£ose other right to the surplus, such surplus shall be returned to the person in whose pos- possession the session the property was when the distress was made goods were 202. If any such claim be made and admitted by the person for whose taxes Qr to admitte(3 the property was distrained, the surplus shall be paid to the claimant. claimant 203;. If the claim be contested, such surplus mouey shall be paid over by the Collector to the City Clerk (subject to the order of the Council) v> ho shall retain the Tl s^h ^upius same until the respective rights of the parties have been determin* d by action at l.w contested or otherwise. 204. If the taxes payable by any person cannot be recovered in any special manner provided by this Act,"they may be recovered with interest and costs, <>s a debt ^^^c^-er due to the Corporation of the City of Vietoria, in which case the production of a aide io be ™ copy of so much of the Collector's Roll as relates to the taxes payable by sueh per- ^LTtlaw "C~ son purporting to be certifie ! as a true copy by the Clerk of the City, shall be prima facie evidence of the debt. 205. On or before the Fourteenth day of December, in every year,, or bft.such collector to re- day in the next year not later than the first of March, as the Couneil may appoint, JJ'JJ £; ^ every Collector shall return his Roll to the City Clerk, and shall pay o-'er the amount the pWe^de payable to such City Olerk, specifying in a separate column on his Roll how much of £* f^^fted the whole amount paid over is on account of each respective rate. by Council '206. In ease the Collector fails or omits to collet t the taxes or any portion theieof by the Fourteenth day of December, or by such other day appointed by the mayTeempiov- Council, such Council may, by resolution, authorise the Collect »'r or any other person fd to .c?nff* . •" ^ ' j i t*x«"s w cii the m his stead, to continue the levy and Collection of the unpaid taxes in the manner collector doe* and with the powers provided by law for the general levy and collection of taxes; but ^tain'uy*1 * no such resolution or authority shall alter or affect the duty of the Collector to return his Roll, or shall, in any manner whatsoever invalidate or otherwise affect the ►'lability of the Collector or his sureties. 207 If any of the taxes mentioned in the Collector's Roll remain unpaid, and n the Collector be not able to collect the same, he shall deliver to the City Clerk an ac- taxes are recount of all the taxes remaining due on the Roll ; and in such account the Collector p™d as U"T shall shew opposite to each assessment the reason why he could not collect the same, by inserting in each case the words t non-resident'' or " no property to distrain'' as the case may be. 208. Upon making oath before the Head of the Municipality that the sums where collector • ~ .to be credited1 mentioned in such account remain unpaid, and that he has not upon diligent enquiry been able to discover any goods or chattels belonging to or in the possession of the parties charged with or liable to pay such sums whereon he could levy the same, the Collector shall be credited with the amount thereof. 209. The taxes accrued or to accrue on any land shall be a special lien on suchTaxeatobeali(m land, having preference over any claim, lien, privilege, or incumbrances of any party ui-on land except the Crown and shall not require registration to preserve it. 210. No land shall be sold for taxes unless a portion there, £ has been due for When lands to„ two years. be sold 211. Whenever a portion of the taxes on any land has been due for two years or for such longer period, and of such amount as a By-law of the Council prescribes, rtwo years to be the Head of the Municipality shall issue a Warrant under his hand and seal directed l*™d b? war~ to the Sheriff of Vancouver Island, commanding him to levy upon the land for the arrears due thereon with his costs. 212. The Head of the Municipality shall, in every warrant so issued,, distin- Lands granted to guish lands which have been granted in fee from those which are under a lease or li- ed homelands cense of occupation, and of which the fee -still remains in the Crown. leased by the 1 Crown 213. Immediately upon receipt of the Warrant, the Sheriff shall prepare a hst Proceedings to of all the lands included therein, and of the amount of arrears due on each parcel be taken by distinguishing lands granted in fee from those the fee of which is in the Crown, and l^S0TJar-. shall cause such list to be pnblished for three mouths in the Official Gazette, and for r*nt -the like period in some other newspaper published in the City of Victoria. - 214. The advertisement shall contain a notification that unless the arrears are Advertisement sooner paid he shall proceed to sell the lands for the taxes on a day named in the advertisement. , < ' Rm« #f nli [24] 215. The day of sale shall be more than three months after the first publication of the list. Notice to te 216. The Sheriff shall also post a notice, similar to such advertisement, in some poeted up convenient and public place at the Supreme Court House at least three weeks before the time of sale. Expend to be 217. The Sheriff shall in each case ad 1 to the arrears so published a propor- added to the donate share of the cost of publication according to their amounts respectively. 218. If at any time after the receipt of the warrant there is, to the knowledge tress beingof the Sheriff or his Deputy, distress upon any land included therein, he shall levy ifand^sheriffhto tne arrears of taxes and the costs by distress and sale of any goods and chattels levy thereon found on the land in the same manner and subject to the same provisions as is required by the section of this Act, but no subsequent sale of the land by the Sheriff shall be invalid by reason of there having been any goods and chattels thereon before or at the time of the sale. And sen in like , 219. Whenever any distress of goods and chattels is made by the Sheriff under 5JJ2JJ" M co1" such warrant, he may sell such goods and chattels in the same manner and subject to the same provisions as are contained in the section of this Act with respect to distresses made by a Collector, and he may charge four dollars for each distress and sale. 220. If at the time appointed for the sale of the lands no bidders appear the bidders Sheriff may adjourn the sale from time to time. 221. If the taxes have not been previously collected, or if no person appears Mthe iand8T5iaU ^° V'dJ tne same at tae t'm9 and place appointed for the sale, the Sheriff may sell by be sold by the public auction so much of the land as may be sufficient to discharge the taxes and all sheriff lawful charges incurred in and about the sale and the collection of the taxes, selling in preference such part as he may consider it most for the advantage of the owner to sell first. If «8r n SihndH 222, *f tlje Sheriff sells any land of which the fee is in the Crown, he shall only the fee of sell the interest therein of the lessee or locatee, and it shall be so distinctly expressed crownhe^haii*11 tne conveyance to be made by the Sheriff, and such conveyance shall give the pur- only sei; the chaser the same rights in respect of the land as the original lessee or locatee enjoyed, Leasee1 °f the and shall be valid without requiring the assent of the Commissioner of Crown Lands. IlfliisKayathe 2^3. If the purchaser of any parcel of land fails on demand to pay the Sheriff pnrchase mofl-the amount of the purchase-monev the Sheriff may forthwith again put up the pro- r^pTgperty for sale. 224. The Sheriff, after selling any land for taxes, shall give a certificate under Sheriff seiii.jg to ms hand to the purchaser, stating distinctly what part of the land and what interest give purchaser therein have been so sold, or stating that tha whole lot or estate has so been sold, and iafid'ioid* ° describing the same, and also stating the quantity of the land, the sum for which it has been sold, and the expenses of sale, and further stating that a deed conveyino* the same to the purchaser or his assigns according to the nature of the estate or interest sold, will be executed by the Sheriff on his or their demand at any time after the expiration of one year from the date of the certificate, if the land be not previously redeemed, rurchaser of 225. The purchaser shall, on receipt of the Sheriff's Certificate of Sale, become lands sold for the owner of the land so far as to have all necessary rights of action and powers for deemed owner protecting the same from spoliation or waste until the expiration of the term during tbereof forcer- which the land maybe redeemed, but he shall not knowingly permit any person to cut lain purposes # . * ' ... , . ; i • on receipt of timber growing upon the land or otherwise injure the land or the improvements there- tificate8 eer~on, nor shall he do so himself, but he may use the land without deteriorating its value. , 226. From the time of a tender to the City Clerk of the full amount of redemp- ofCa°nendan Action-money required by this Act, the said purchaser shall cease to have any further right in or to the land in question. 227. Within one month after the sale the Sheriff shall make a detailed return Sheriff's return to the City Clerk of each separate parcel of land included in the warrant and shall pay to him the money levied by virtue thereof. sherifipscomrcis. 228. The Sheriff shall be entitled to five per cent, commission upon the sums Blon collected by him under such warrant as aforesaid. 229. Whenever land is sold by a Sheriff according to the provisions of the r*andn * °f section of this Act he may receive the sum of for dollars four the sale of each separate parcel, and the Sheriff may add the commission and fees which he is herebv authorized to charge for the services above mentioned, to the amount of arrears included in the Head of the Municipality's warrant on those lands in respect of which such services have been severally performed. 230. Except as before provided, the Sheriff shall not be entitled to any other Sht*ei(n either ^ees or emoluments whatever for any services rendered by him relating to the collec- feet tion of arrears of taxes on lands. 231. The owner of any land which may hereafter be sold for non-payment of within "one taxes, or his heirs, executors, administrators or assigns, may, at any time within one VCfrtefsrMCebmyear ^rom tne ^ay °^ sa'8' excms^ve °f that day, redeem the es'ate sold by paving or paying p ii r - tendering to the City Clerk for the use and benefit of .the purchaser or his legal re- per'centuiere presentatives the sum paid by him, together with eighteen per cent, thereon, and the on City Clerk shall give to the party paying such redemption-money, a receipt, stating the sum paid and the object of payment, and such receipt shall be evidence of the redemption. After © piration 232. If the land be not redeemed within the period so allowed for its redemp- of year allowed t;on De[ng one year exclusive of the day of sale aforesaid, then, on the demand of the for redemption , ° . . . ,i i i - • • n ■, , sheriff to de- purchaser, or his assigns or other legal representative, at any time afterwards, and on anee toC°p^T Pa)Tmcnt °f ^ve dollars, the Sheriff shall execute and deliver to him a Deed of Sale or ehuer Conveyance of the land. Contents of deed a-n d ellect thereof ter in a book a description of lands conveyed by him Right of appeal against voter? lists over allmoniei to the Bank lorthwitb [25] 233. . Such deed shall state the date and cause of the sale, and the price, and shall describe the land by its situation, boundaries, and quantity, and the estate and interest sold, and shall have the effect of vesting the land in the purchaser or his heirs and assigns, ol* other legal representatives in fee simple, or otherwise according to the nature of the estate or interest sold, and free and clear of ail charges'and incumbrances thereon except taxes accrued since those for the non-payment whereof it was sold. 234. The Sheriff shall enter in a book which the Council shall furnish him, a full description by metes and bounds of every parcel of land conveyed by him to pur- ^1^?n8J1^1inJnj chasers for arrears of taxes, with an index thereto ; and such book, after such entries have been made therein, shall be returned to the City Clerk, and shall, together with all copies of Assessors' and Collectors' Rolls and other documents relating to lands, be kept by him amongst the Records of the City. 235. The City Clerk shall, after the final revision and correction of the Assessment Roll forthwith make a correct alphabetical list of all persons entitled to vote at the election of a Mayor according to the provisions of this Act, together with the na- 'make*1 rote™ ture of their qualifications respectively, and he shall also make out separate lists for **?g J***. ^ each Ward of all persons entitled to vote at the election of a Councillor or Council- ea<jh ward lors for the same, respectively, together with the nature of their qualifications ; and the City Clerk shall certify by Oath or Affirmation before the Chief Justice of the Supreme Court, or before any two Justices of the Peace to the correctness of the list, cierk to csrtify so by him made out, and he shah keep such certified lists among the records of the Municipality, and shall make copies thereof and affix them in a convenient place but- To affix th * in side the place where the meetings of the Council are usually held, and keep them a convenient there affixed for a period of fourteen days ; and all such lists shall be completed on or plale before the first day of September in each year. 236. If any Elector be dissatisfied on account of his name being omitted from any of the said lists of Voters, or if any Elector consider that an unqualified Voter is placed upon any of such lists, he may appeal therefrom to the Chief Justice of the Supreme Court of Civil Justice on or before the Fourteenth Day of Septeml er in each year, and all clauses, provisions, and conditions of this Act of and concerning appeals, from the Court of Revision relative to the Assessment Roll shall, so far as the same are applicable, apply to the conduct bearing, and determination of, such appeals against the list of Voters. 231 The list of Voters shall he understood to be finally revised and corrected when list?finaii when the said Chief Justice shall have heard Sueh appeals, if any, and given hisjudg- revised merit thereon. 238*. It shall be the duty of the City Clerk to pay over all moires received by .£#„cierk t0Tay him on account of the Corporation within twenty-four hours at the latest, after he shal receive any such monies to such ore of the Incorporated or Joint Stock Banks Carrying on business within the City of Victoria as the Council shall direct, and such monies shall be there kept and an account opened called the " Victoria City Account'' ; and any such monies iniy be drawn out from time to time by cheques, signed by the Mayor or Head of the Council for the time being, and two' Councillors, and countersigned by the City Clerk. 239. The Council shall appoint a Finance Committee consisting of not less Finance commit- than three of their number, and it shall be their duty to inspect the accounts of t?e t0 be aP- the City Clerk once every week or oftener if they think fit, and to report forthwith any irregularity in such accounts to the Council. 240. All fines, penalties, and forfeitures recoverable under anv B'v-law duly ,,, •' toade by the Council in pursuance ot this Act, shall be recovered in a summary man- aities &c, to be ner before one, or more Justices of the Peace having jurisdiction within the limits of recovered the City,.. 241. Any person convicted or adjudged to pay any fine, penalty, or forfeiture, A al t0 quar_ exceeding the sum of $20, may appeal to the next Court of Quarter Sessions held ter session in the City of Victoria, against such conviction, or order, and execution thereon, shall be' respited in case the party appealing shall immediately eriter into bonds executed by himself, and two or more sureties in a sum double the amount, in respect of which there was a conviction, or order to the satisfaction of such Justice or justices, conditioned to prosecute the appeal to a successful conclusion at such Court, and such Court shall have power to decide such appeal, and to make such' order in the matter;as to' them may seem just, both either as to the dismissal of such appeal, or the questioning of the conviction or order, and the payment of the costs in the matter, and their judgment therein shall be final. 242.,v/The wilful .and corrupt making of any false statement in any declarationFal"e statement required or authorised by. this Act, shall be a misdemeanor punishable as wilful and tion punisha- corrupt perjury. , ; bleas p6^ 243. Unless otherwise declared or indicated by the context, whenever any of Meiring <fwords the following words occur in this Act, the meanings hereinafter expressed attach to US(-'d the same namely : 1. The words " Municipality'' and " Corporation'7 mean " City of Victoria;'* f cooperation11^ 2. The word "Council" means the City Council of Victoria ; council 3. The words "Land," Jjands," "Real Estate," "Real Property," respectively, Land include lands, tenements, and hereditaments, and all rights thereto, and interests' J^fpstate therein; . _ Real Property 4. The word "Electors" means the persons entitled for the time being to vote EIectors at Municipal Elections in thcMuniclpality, or any Ward thereof ;. 5. The words "Next Day7, are not to apply to or inelinle Sunday or Statuory Nextcl:<y Holidays ; 6. Ine terms "Land,'' "Real Property." and "Real E-tite,'' respectively, in-Land Real Prep elude all'buildings or other things erected upon or affixed to lite land, and all ma- ;*Jf^t*n,i He*1 chinery or other things so fixed to any building as to form in law part of the realty, - and all trees or underwood growing upon the land, and all mines, minerals, quarries, ...■<r and fossils in and under the same, except mines belonging to Her Majesty ; [26] frttoMi.bttw ?; The terms <Tergonal Estate" and "Personal Property" include all goods, Pttsonai Pr°p-chattels, shares in incorporated companies, money, notes, accounts, and debts at their fall value, and all other property, except land and real estate, and real property as above denned, and except property herein expressly exempted ; 8. The term "Property'' includes both real and personal property as above defined; 9. Unoccupied land owned by a person not resident and not having a legal domicile or place of business in the Municipality, or whose residence or domicile or place of business therein cannot upon diligent inquiry by the Assessor be found, and who has not signified to the Assessor personally or in writing that he owns such land and desires to be Assessed, therefore shall be denominated "Lands of non residents." ^whi^ward! ^44. When anv lan(* shall be reclaimed or recovered by any means from the to belong present limits of Victoria Harbour, or if any wharf, building, or improvement has been erected or shall be erected in or over Victoria Harbour that do not clearly ap- \ pear by the boundaries of the respective Wards to belong to either of them, the Council may by By-law declare to what Ward such land, wharf, buildh:g, or improve- matter h to ment shall belong; Provided always that nothing in this section shall extend the b« performed jurisdiction of the Council beyond the limits of Victoria Citv as set forth in schedule SASStota A to this Act annexed. a Sunday, it 245. Whenever any matter or thing shall by this Act be directed to be per formed0^ Reformed on a certain day and that day happed to be Sunday or public holiday, the next day g^ matter or thing shall be performed on the next succeeding day. Kofe^tobetak. 246. The Mayor and Councillors shall not receive any fee or reward for their •r Councillors Services. sbort Titu 247- This Act may be cited for all purposes as "The Victoria Incorporation Act, 1864." soh:eidxjii,e .a.. The City of Victoria shall include all the land within the following Boundaries : Commencing at a point on Ross Bay being the South East couer of section I, thence Northerly along the eastern boundary of section I, IC, and LXZtotbe north east corner of said section LXX, thence Westwardly to the south east corner of said section IV for a distance of 33 chains, thence at a right angle westwardly to the south eastern corner of section V, thence west along the southern line of said section V to Victoria Harbour or At nb thence across said Harbour to the north eastern corner of the Indian Reserve and Victoria West, thence along the Northern boundary of Victoria West, thence southerly along the Western Boundary of Victoria West to Victoria Harbour, thence across the Harbour to Shoal Point, thence along the shore line of Vancouver Island southwardly and eastwardly to the point of betrirming. SCHEDULE IB. Ward No. 1 shall include all that portion of the City of Victoria bounded as . follows : Starting from a point at the south end of the bridge on McClure street where the water of James Bay intersects said street, thence southerly along the centre of said street till it intersects the boundary of Beacon Hill Park, thence westerly and southerly along said boundary to the Straits of San Juan de Fuca, thence westerly along the shore line of the said Straits to Shoal Point, thence easterly along the shore line of Victoria Harbor and James Bay to the point of beginning. Ward No. 2 shall include all that portion of the City of Victoria bounded as follows: Starting from a point at the south end of the bridge on V.cClure street where the water of James Bay intersects the said street, thence westerly and northerly along the north shore of James Bay and Victoria Harbor to a point where a line drawn along and through the centre of Fort street aud produced to the water's edge intersects the said Harbor, thence easterly along the said supposed line and along the centre of Fort street to a point where the said Fort street intersects the eastern boundary of the City, thence southerly along said eastern boundary of the City to Ross Bay, thence westerly along the shore line of Vancouver Island to the south west corner of Beacon Hill Park, thence northerly along the western boundary of the said Park to the north west corner thereof, thence easterly along the northern boundary of said Park to the said McCiure street, thence northerly along the centre of said McClure street to the point of beginning. Ward No. 3 shall include all that portion of the City of Victoria bounded as follows : Starting from a point on the shore line of Victoria Harbor where it would be intersected by a line drawn through and along the centre of Fort street and produced as aforesaid, thence northerly along the shore line of Victoria Harbor to the north west corner of Town Lot 182 B, thence easterly along the north boundary of Town Lot 182 D to Store street, thence across Store street to the centre of Cormorant street, thence easterly along the centre of Cormorant street to the centre of Government street, thence southerly along Government street to the northern boundary of Pandora staeet, thence easterly along the northern boundary of said Pandora street, and the extension of the last named street to where it intersects the eastern boupdary of the City aforesaid, thence southerly along' such eastern boundary to where it intersects the centre of Fort street, thence westerly along the centre line of Fort street to the point of beginning. Ward No. 4. Shall include all that portion of the City of Victoria, bounded as follows : Starting at a point at the north-west corner of Town i ot 182 B, thence easterly along the Nortnern boundary of 182 D to Store street, thence across Store sireet to the centre of Cormorant street, to the corner of Government street, thence southerly, along the cantre of Government: street to the Northern bouudary of Pandora street, thence along the said northern boundary to the eastern boundary of the said City, thence northerly along the said eastern boundary 10 Pembroke street, thence westerly along the centre of Pembroke street to the centre of Store street, thence along the centre of Store street to Rock Bay, and thence along the shoro line of Rock Bay and Victoria Harbour, westerly and southerly, to the point of beginning. Ward No. 5. Shall include all the land within the limits of the City of Victoria not included in Wards No. 1, 2, 3, and 4.
Legislative proceedings
English
Vancouver : University of British Columbia Library
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Original Format: University of British Columbia. Library. Rare Books and Special Collections. John Keenlyside Legal Research Collection. Bills, acts, proclamations, and ordinances. RBSC-ARC-1300-13-162
Historical Documents
British Columbia--History
Statutes--Vancouver Island (Colony)
Municipal incorporation--Law and legislation--Vancouver Island (Colony)
A Bill Intituled "An Act to repeal the 'Victoria Incorporation Act, 1862' and to make certain provisions in lieu thereof." Whereas it is expedient to repeal the "Victoria Incorporation Act, 1862" and to make provisions in lieu thereof, Be it, therefore, enacted by the Governor on Her Majesty's Behalf by and with the consent of the Legislative Council and House of Assembly of Vancouver Island and its Dependencies, as follows: ...
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