THE Canadian Municipal Journal 12 Numbers per year, aggregating 400 pages. DEVOTED MORE PARTICULARLY TO THE EXPOSITION OF MUNICIPAL, SCHOOL AND OTHER LEGISLATIVE ENACTMENTS RELATING TO LOCAL MUNICIPALITIES, Will be published by THE CARSWELL Co., (LTD), Monthly, at the ARTHUR L. WILLSON, B.A., EDITOR. Subscription: $3.00 per year in advance. VOL. I., $3.00; VOL. II., $3.00; VOLS. I. AND II., $5.00. VOL. II. JANUARY-APRIL, 1892. Nos. 1-4. THE MUNICIPAL ACT. (R. S. O. 1887, cap. 184.) NOTE.-The Municipal Amendment Act, 1892, makes the following amendments to the consolidation of the Act contained in Volume I. of THE JOURNAL UP to section 269: Sub-section 7 of section 2, page 4, is amended by substituting the words, "and any interest or estate therein or right or easement affecting the same," for the last seven words of said sub-section. It is also enacted that "this section shall not apply to any matter in respect to which an action is now pending but the same shall be concluded and adjucated upon as though this Act had not been passed." Sub-section 1 of section 73 of the said Act is amended by adding immediately after the words "the same " the 14th line (page 123 of JoURNAL) the following: "elsewhere than in the Districts of Muskoka, Parry Sound, Nipissing, Algoma, Thunder Bay, Rainy River, and the provisional County of Haliburton ;" after article 4 (page 124) add "and in the said last named districts and provisional county:" "5. In townships and incorporated villages freehold to $200, or leasehold to $400." "6. In towns freehold to $400 or leasehold to $800." Sub-section 2 (page 124) is amended by inserting the the words "or by the expiration or surrender of the demised term " after the word "property" in the fifth line. Add to sub-section 5 of sec. 79 (page 181) the following words, "any leaseholder the term of whose lease is not less than five years shall be deemed an owner within the meaning of this section." Section 80 is amended by striking out all the words words after the word "following" in the fourth line and substituting the following words : "In townships and incorporated villages... $100 "In towns where the population does not exceed 3,000 .... 200 400 "In towns with a population of over 3,000. 300 Section 99 (page 231) is amended by inserting at the commencement thereof the following words : "In any case where the returning officer for any ward refuses or neglects to attend at the time and place required by the clerk to receive his instructions and nomination. papers and " The Act is amended by inserting the following as 105a (page 237) :— 105a. The voter shall be entitled to select for himself for that purpose any one of the forms contained in sections 102 to 105 both inclusive; whatever may be the description either in the voter's list or assessment roll as to the qualification or character in respect of which he is entered upon the list or roll. Section 117 (page 240) is repealed and the following substituted therefor : 117. At the nomination meeting or on the following day any person proposed for one or more offices may resign or elect for which office he is to remain nominated; and in default he shall be taken as nominated for the office in respect of which he was first proposed and seconded; the clerk or other returning officer or chairman shall, on the day of the nomination post up in the office of the clerk of the municipality the names of the persons proposed for the respective offices; provided always that the resignation after the nomination meeting of any person so proposed shall be in writing, signed by him and attested by a witness, and shall, within the time hereinbefore mentioned, be delivered to the clerk of the municipality; provided, also, that if by reason of such resignation only one candidate remains proposed for a particular office, the clerk or other returning officer shall declare such candidate duly elected for such office. Section 239 (page 302) is amended by adding thereto the following sub-section : (2) In case of the illness or absence of the mayor, or of the office of mayor being vacant, the person appointed by the council under this section as presiding officer shall also have authority to act as police commissioner during the time he acts as such presiding officer in the place of the mayor. Section 247 (page 304) is amended by adding thereto the following sub-section : (2) A copy of any document in the possession of or under the control of the clerk of the municipality certified under his hand and under the corporate seal of the municipality may, after the original thereof has been produced from the proper custody, be filed in any court in lieu of such original and shall be received in evidence without proof of the the seal of the corporation or of the signature or official character of the person appearing to have signed the same and without further proof thereof unless the court or judge otherwise directs. Sub-section 2 of section 263 (pages 315, 316) is amended by adding thereto the following article: (a) They shall also make a report upon the condition and value of the securities given by the Treasurer for the due performance of the duties of his office, and such report shall show what cash balance, if any, was due from the treasurer to the municipality at the date of the audit, and where such balance is deposited, and what security exists that the same will be available when required for the purposes of the municipality; but this shall not relieve the council from the performance of any duty imposed thereon by section 249. Section 263 is amended by adding thereto the following sub-sections : (2a) The auditors may make a written requisition upon the treasurer for an order or request to or upon any bank or company with whom the public moneys are or have been deposited, or with whom such treasurer has kept an account, authorizing or requesting such bank or company, to exhibit the account and the details thereof to such auditors, and such treasurer shall within twenty-four hours after the delivery to him of such requisition comply therewith upon pain of forfeiture of office. (26) It shall be the duty of the treasurer of every municipal corporation to keep the moneys of the municipality separate as far as practicable from his own moneys, and in depositing any money of the municipality in any bank or company to deposit the same to a separate account kept in his name as treasurer or under some other designation that may show the account to be an account of the money of the municipality. Sub-section 3 of said section 263 is amended by inserting after the word "taxes" in the eighth line (page 316) |