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or the part thereof under which the same shall be done shall be quashed in manner aforesaid one calendar month at least previous to the bringing such action; and if such Corporation, or any person sued for acting under such By-law shall cause amends to be tendered to the Plaintiff or his attorney, and upon such tender being pleaded, no more than the amends tendered shall be recovered, it shall and may be lawful for such Court to award no costs in favour of the Plaintiff, and to award costs in favour of the Defendant, and to adjudge that the same shall be deducted out of the amount of the verdict, and that any amount by which such costs may exceed such verdict shall be recovered against the said Plaintiff by execution or otherwise, according to the course of such Court; Provided always, nevertheless, firstly, that no such application to quash any such By-law which shall have been specially promulgated as hereinafter mentioned, and whereby any rate shall be imposed by any such Municipal Corporation, shall be entertained by any such Court, unless such application shall have been made within six calendar months next after such special promulgation of such By-law; and provided also, secondly, that every special promulgation of a By-law within the meaning of the Municipal Corporations Acts, shall consist in the publication through the Public Press of a true copy of such By-law, and 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; or in the case of By-laws by which any Rate shall be imposed for any purpose whatsoever, then either by such publication of a copy of such By-law, with such notice as aforesaid, or in lieu thereof by such publication of a notice setting forth the amount of such rate, and giving the substance only of the other parts of such By-law, with a similar notice of the time so limited for such applications to quash as aforesaid, which publication shall for the purpose aforesaid be in each public newspaper published weekly or oftener within the territorial jurisdiction of such Municipal Corporation; or if there be no such public newspaper within such jurisdiction, then in at least two public newspapers published weekly or oftener nearest to such jurisdiction, every which publication shall for the purpose aforesaid be continued in at least three consecutive numbers of such paper: Provided also, thirdly,-that the notice to be appended to every such copy for the purpose aforesaid shall and may be to the effect following, that is to say:

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"NOTICE.-The above is a true copy of a By-law passed by the Municipality of the Township of A, in the County of B, one of the United Counties of B, C and D, (or as the case may be,) on the 185 and (where the approval of the Governor in Council is by law required to give effect to such By-law) approved by His Excellency the Governor General in Council, on the day of 185 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 one of Her Majesty's Superior Courts of Common Law at Toronto, within six Calendar Months at the farthest after the special promulgation thereof by the publication of this notice in three censecutive numbers of the

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SCHEDULE

22

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Notice is hereby given, that a By-law intituled (set out the title,) and numbered (give the number by which the By-law is designated,) was on the day of 185 " passed by the Municipal Corporation of the Township of A, in the County of B, one of the United Counties of B, C and D, in Upper Canada, for the purpose of [here set out in substance the object of the By-law, as "for the purpose of raising the necessary funds to meet the general public expenses of the Township of for the year 185 or for the purpose of raising and contracting for a loan of for making and macadamizing a Road from to or otherwise, as the case may be, (and where the approval of the Governor in Council is by law required to give effect to such Bylaw,) approved by His Excellency the Governor General in Council, on the day of 185 ;] 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 one of Her Majesty's Superior Courts of Common Law at Toronto, within six Calendar Months, at the farthest, after the special promulgation thereof, by the publication of this notice in three consecutive numbers of the following newspapers, viz: (here name the newspapers in which the publication is to be made) or he will be too late to be heard in that behalf.

G. H.

Township Clerk.

And provided also, Fourthly, That unless application to quash any such by-law, which shall be so specially promulgated as aforesaid, shall be made within the time so hereby limited for that purpose; such by-law, or so much thereof as shall not be the subject of any such application, and which shall not be quashed upon such application, so far as the same shall ordain, prescribe or direct any thing within the proper competence of such Municipal Corporation to ordain, prescribe, or direct, shall, notwithstanding any want of substance or form, either in such By-law itself, or in the time or manner of passing the same, be to all intents and purposes whatsoever deemed to be and to have been a valid By-law for the purposes intended."

"Warden, Mayor or Town- 12 Vic. c. 81, sec.
reeve by reason
166.

"Warden, Mayor, Townreeve or deputy Townreeve by

reason."

SCHEDULE

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subject to the provisions hereinafter contained, it shall be the duty of such Municipal Corporations, respectively, to cause to be assessed and levied upon the whole rateable property in their several Counties, Cities, Towns, Townships and Villages respectively, a sufficient sum of money in each year to pay all debts incurred or which shall be incurred, with the interest thereof, which shall fall due or become payable within such year, and no By-law hereafter to be passed for creating any such debt, or for contracting any loan, shall be valid or effectual to bind any such Municipal Corporation, unless such By-law shall contain a clause appointing some day within the financial year in which such By-law shall be passed, for the same to take effect and come into operation; nor unless the whole of such debt or loan shall by such Bylaw, and by the bills, bonds, debentures, or other obligations thereby authorized to be issued for the same, be thereby made payable within twenty years at the farthest (exclusive of the first and last days of such period) from the time that such By-law shall be so appointed to take effect and come into operation; nor unless a special rate per annum over and above and in addition to all other rates whatsoever shall be settled in such By-law to be levied in each year for the payment of such debt or the loan to be contracted, with the interest thereof, nor unless such special rate according to the amount of rateable property in such County, City, Town, Township or Village, as the case may be, as such amount shall have been ascertained by the assessment returns for such County, City, Town, Township or Village, for the financial year next preceding that in which such By-law shall have been passed, shall be sufficient to satisfy and discharge such debt or loan, with the interest thereof, within twenty years at the farthest from the time that such By-law shall be so appointed to take effect and come into operation, and on the days and times and in the manner stipulated by such By-law, and by the bills, bonds, debentures, or other obligations directed to be issued for the amount of such debt or loan, under the authority thereof; and it shall not be competent to any such Municipal Corporation to repeal such By-law, or to discontinue such rate until the debt so created or the loan so contracted, and the interest thereof, shall be fully paid, satisfied and discharged; nor to apply the proceeds, of any such special rate, or any part of such proceeds, to any other purpose than the payment, satisfaction, and discharge of such debt or loan, and the interest thereof, until such debt or loan, with the interest thereof, shall have been fully paid, satisfied and discharged: Provided always, nevertheless, that in the event of there being any part of such special rate on hand, and which cannot be immediately applied towards the payment, satisfaction or discharge of such debt or loan, or the interest thereof, by reason of no part thereof being then due and payable, it shall be the duty of such Municipal Corporation, and they are hereby required to invest such money in the Government securities of this Province, or in such other securities as the Governor of this Province in Council shall think fit to permit, direct or appoint, and to apply all interest or dividends to arise, or be

SCHEDULE

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66 or if within three Calendar Months after service of a copy of such By-law certified to be a true copy under the hand of the Clerk of such Corporation on the person or persons owning such property, such person or persons shall omit to name an arbitrator and give notice thereof as aforesaid, it shall and may be lawful for the head of such Corporation to name an arbitrator on behalf of such Corporation,and to give notice thereof to the person or persons owning the said property, and such person or persons shall within three days after such notice name an arbitrator on his or their behalf, and upon such two arbitrators being so named as aforesaid, they shall."

"that if the head of such Corporation, or the person or persons owning such property, shall neglect to appoint an arbitrator within such time as is so prescribed for that purpose as aforesaid."

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66

13 & 14 Vic c. 64,"present at such election, who, according to the Collector's
sec. 15. Between Roll or Rolls of such Township, Village, Town or City, for
the words "such the year next preceding that for which such election shall be
Municipal Corpora- held, shall be assessed for the highest amount, shall have a
tion," and the words second or casting vote in such election, and in the event of
or Rolls"
there being two or more such members assessed for the same
amount, but that greater than that of any of the other mem-
bers present at such election, it shall be decided by lot, be-
tween such equally assessed members, which of them shall
have the second or casting vote on such election, and such
member shall have such second or casting vote on such elec-
tion accordingly."

13 & 14 Vic., c. "secondly,-That in all cases of an equal division of votes in 64, sec. 16. Be- the election or appointment of a Provisional Warden, a second tween the words or casting vote shall belong to such member of such Provi"provided also "sional Municipal Council as would be entitled to the same and the words " of were it an election for a Warden. And provided also, thirdly, an equal division." That in all other cases"

SCHEDULE

SCHEDULE A.-Continued.

Preamble.

13 & 14 V. c. 27.

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An Act to explain and amend the Assessment Law of Upper Canada.

[ 30th August, 1851. ]

HEREAS it is expedient to explain and amend, in the manner hereinafter mentioned, the Act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, and intituled, An Act to establish a more equal and just system of Assessment in the several Townships, Villages, Towns and Cities in Upper Canada, hereinafter called The Upper Canada Assessment Act of 1850: Be it therefore declared and enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, Intent of the said Act and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That it was and is the intention of the said Upper Canada Assessment Act of 1850That all machinery so fixed in any building or real property as to form in law part of the realty, shall be valued and assessed as part of such building or property:

declared as to

Machinery.

Average Stock of
Goods.

In what place any party shall be assessed for Stock of Goods;

Or for income.

Vacant Lots in
Towns, &c.

That in the average stock of goods on hand of every merchant, trader or dealer, manufacturer, tradesman or mechanic, all materials intended to be used by him in the manufacture of any goods, in whatever state such materials may be, as well as the manufactured goods themselves, whether in a complete or incomplete state, shall be included:

That every person, partnership, company, or body corporate, should be assessed for his, her, or their average stock of goods as aforesaid, in the place where such stock of goods is kept, or, if it be kept partly in one place and partly in another, then in each such place for the average stock there, although such person, or any member of such partnership, company, or body corporate, should reside elsewhere; but no person assessed for such stock, or any part thereof, for a greater amount than his income, shall be liable to be taxed upon his income, in the same or any other place:

That every person liable to be assessed upon his income, shall be so assessed in the Municipality wherein he resides, although the place at which he exercises the trade, calling, office, or profession from which such income is derived, may be within some other Municipality:

That every vacant Lot in a City, Incorporated Town or Village, shall be assessed at its actual value, and six per cent. thereon shall be deemed its yearly value; and no Lot

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