I, A. B., having been appointed to the office of auditor for the municipal corporation of, do hereby promise and swear that I will faithfully perform the duties of such office according to the best of my judgment and ability: and I do swear and declare that I had not, directly or indirectly, any share or interest whatever in any contract or employment with, by or on behalf of such municipal corporation during the year preceding my appointment, and that I have not any contract or employment for the present year. So help me God.

§ 144. Auditors to examine all accounts against, or concerning corporations; and publish details; and file duplicate with the clerk of the corporation.

Ferries. § 145. Governor in council to regulate ferries not affected by this act.

Contested Elections.-§ 146. A writ of summons, in the nature of a quo warranto, may be issued at the instance of any voter or candidate, to try the validity of such election, or the election of any other candidate thereat, upon an order of the Court of Queen's Bench or Common Pleas in term time, or upon the fiat of a judge in vacation, on such relator showing reasonable grounds upon affidavit, entering into recognizance in £50, with two sufficient sureties in £25 each, conditional to prosecute with effect, or to pay defendant's costs, such writ to be returnable upon the eighth day after service before a Judge at Chambers, who shall have power, upon proof of service of summons, to proceed in a suminary way, upon statement and answer, and without formal pleadings to hear and determine the validity of either election, and to cause the person returned upon any invalid election to be removed, and the person law. fully elected, and who ought to have been returned, to be admitted in his place; and in case of neither of such alleged elections being adjudged valid, then, by a like writ, to cause the person returned upon such invalid election to be removed and a new election to be held to supply the vacancy thus created; and it shall and may be lawful for such judge to award costs for or against the relator or defendant upon such writ, or for or against the returning officer when he shall be a party to such proceedings, as to such judge shall seem just: Provided, firstly, that all elections of mayors, wardens, townreeves and deputy town-reeves, shall be deemed elections within the meaning of this section; secondly, that whenever the grounds of objection against any such election shall apply equally to all or any number of the members of any such municipal, corporation, it shall be lawful for the relator to proceed by one writ of summons against all such members, &c.; thirdly, that all such original writs of summons shall be applied for within six weeks after the election complained against, or

within one month after the person whose election is questioned shall have accepted the office, and not afterwards; fourthly, that no costs shall be awarded against any person against whom any such writ of summons in the nature of a quo warranto shall be brought, who shall, within one week after having been served with such writ, transmit (post paid) through the post office, directed to the Clerk of Judges' Chambers, at Osgoode Hall, Toronto, a disclaimer of the office in the terms. or to the effect following, that is to say:

Disclaimer.-I, A. B., upon whom a writ of summons, in the nature of a quo warranto, has been served for the purpose of contesting my right to the office of township councillor (or as the case may be) for the township of in the county of (or as the case may be) do hereby disclaim the said office, and decline all defence of any right I may have to the same.

Unless it shall have been proved to the satisfaction of such court or judge, that such person had been a consenting party to being put in nomination as candidate for such election, in which latter case such costs shall be in the discretion of such court or judge. Fifthly. That it shall be the duty of every such last mentioned person to deliver a duplicate of such disclaimer to the clerk of the municipal corporation in question, who shall forthwith communicate the same to the other members of such corporation. Sixthly. That in any such case it shall be lawful for the judge before whom such writ of summons is returnable, to afford a reasonable time and opportunity for the said municipal corporation, or to any municipal voter of such corporation, to intervene and defend the said election and return, in which case such intervening party shall be liable and entitled to costs as any other party to such proceeding.

Mandamus. § 147. On the first day in term after such judg ment given, the judge shall deliver such writ and judgment and proceedings into court, there to remain of record, and such judgment shall be enforced by mandamus, and by such writs of execution for costs awarded as occasion shall require. § 148.. Upon proof that any party is avoiding personal service of summons, the judge may order service of a copy at the dwelling house of such party, on the wife or other grown-up person there, or otherwise as the judge shall direct. § 149. In case of two or more writs to try the validity of any election, the same shall all be returnable before the same judge. § 150. The judge may cause collectors' rolls, poll books, &c., to be brought before him by certiorari, and may try the facts by oral testimony before him at nisi prius, or by issues upon a writ of trial to inferior court of civil jurisdiction, at his discretion. § 151. No mandamus or writ of execution to issue until four

days in term after delivery of the judgment. § 152. Such judgment may be examined in term within four days after delivery.

Rules, &c. § 153. [Judges of superior courts of common law at Toronto, to settle forms of writs] and regulate proceedings on controverted elections.

Returning Officers.-§ 154. In case of the absence of the proper party to hold election under this act, the persons present may appoint a returning officer, after the lapse of one hour from the time appointed.

By-laws.- 155. Parties interested entitled to certified copies of by-laws on payment of fees; and upon production of any such copy verified by affidavit [either of her Majesty's superior courts of common law at Toronto], may quash such original by-law, if illegal, and award costs to either party; and no action shall be sustainable for anything done under such by-law, unless quashed one calendar month before bringing such action: amends may be tendered. § 156. By-laws of existing corporations to remain in force until repealed.

Conservators of the Peace.-§ 157. Returning officers at elections, under this act, to be conservators of the peace pro tem.; and may [as well as any justice for such county, town or city where election holden] arrest and try summarily, imprison, or bind over to keep the peace or for trial, or punish by fine or imprisonment, or both, any riotous or disorderly person who shall assault, beat, molest or threaten, any voter or elector coming to or going from such election; and may appoint and swear in special constables. § 158. Special constables refusing to be sworn to be liable to £5 penalty.

Elections.-§ 159. To commence at 11 o'clock A. M., and be held until 4 P. M., and may be adjourned until 10 o'clock A. M. next day, and continue till 4 in the afternoon of such second day; unless the returning officer shall see that all the electors intending to vote have had a fair opportunity of being polled, and one full hour at one time shall have elapsed and no qualified elector shall during that time give or tender his vote, free access being allowed, in which case he may close the election at 4 o'clock P. M. the first day, or at any time before that hour on the second day.

Poll Book. 160. To be kept in the prescribed form by the returning officer, who shall declare the candidates elected, and shall have a casting vote in case of tyes; otherwise, not to vote. § 161. Poll book to be returned verified to the clerk of the township, &c.

New Election.-§ 162. In case of refusal to take office, a new election shall be held by warrant under the hand and seal

of the head of the corporation [for the preceding year, or in case of his absence, or vacancy, then the clerk, or in case of vacancy, any one member of the corporation for the preceding year] within eight days after the receipt of such warrant.

Vacancies. 163. [By death, judicial decision or otherwise] to be filled up by a new election under warrant from the head of such corporation [or in case of absence or vacancy, then the clerk, and in case of vacancy, then any one member]. § 164. Four days' notice of such special elections to be given by the returning officer. § 165. In case of no election in any township, &c., on the day appointed, or if a requisite number [of candidates shall not have been elected], the corporation may supply such deficiency by the appointment of a sufficient number of the qualified freeholders and householders who shall be bound to accept office under the same penalty as if elected. § 166. Vacancies in the offices of warden, mayor or town reeve by reason of death or removal, to be supplied by the municipal corporation choosing others amongst their own number qualified to act.

Term of office, &c.-§ 167. Municipal officers to remain in office until successors are elected or appointed.

Despatch of business.-§ 168. A majority of the whole to form a quorum for the despatch of business; and in case of absence of the proper officer, those present to appoint a chairman president to have a casting vote at all meetings.

Corporate Officers.-§ 169. Municipal corporations to appoint their clerks and their salaries.. § 170. Clerk to keep records of their proceedings, and keep the same open for public inspection without fee or reward. § 171. Corporations for counties, towns, townships and villages, to appoint a treasurer, and cities to appoint a chamberlain, to be paid by salary or per centage, as they shall appoint: such officers to give security for performance of their duties. § 172. Treasurers and chamberlains to receive and keep public monies and pay out by lawful order, and perform [all such duties as may be assigned to him by any such by-law: Provided--Firstly. It shall be the duty of every township, village and town treasurer, to receive from the collector all monies collected on account of county rates, and pay the same over to the county treasurer, within the time prescribed by any by-law. Secondly. That the municipality of such township, village or town, shall be responsible to the county council for all such county rates paid to such township, village or town treasurer, who shall, with his sureties, be responsible to such municipal corporation for the same, as for monies received by him on account of the township, village, or town rates respectively. Thirdly. That

such township, village or town treasurer shall keep an account with the county treasurer, and give receipts for monies received by him on account of the county, and receive from the county treasurer receipts for monies paid by him on account of county rates. Fourthly. Collector not to be exonerated from his responsibility to the county council for any county rates, whenever they shall proceed against him instead of such local municipality. Fifthly. Local treasurer entitled to 21 per cent. upon county rates received and paid over by him, and no more.] § 173. Clerks, treasurers and chamberlains to hold office until removed.

Books and Papers.-§ 174. Books and papers of treasurers to be chattels of the corporations; and monies and securities received to be deemed property of the corporation; and in case of embezzlement parties liable to indictment accordingly.

Former Debts and Liabilities.-§ 175. Corporations elected under this act to be substituted for corporations previously existing; and suits commenced by former corporations to be continued by the new corporations; and all estates and property, real and personal, and all debts and liabilities, to be vested in, due and owing by, such new corporations.

Payment of Debts.-§ 176. Corporations to take charge of debts due by localities under their jurisdiction, and provide for their payment under any existing act respecting the same. § 177. Debis incurred by any county, town, &c., to be paid by assessment on ratable property. By-laws, authorising any debt, not to be valid, unless sufficient provision be made for payment of such debt, and interest, within twenty years. § 178. Such by-laws not repealable. Officers refusing to carry such by-laws into effect guilty of misdemeanor, punishable by fine or imprisonment.

Executions.- 179. In case of execution against any corporation, copy to be delivered to the chamberlain or treasurer; and if not paid within one calendar month, the sheriff to strike a rate of sufficient amount to cover such execution, and levy the same by precept to the collectors.

Annual Accounts.-§ 180. Aunual accounts of corporations to be submitted to the Governor General on or before the 31st July in each year.

Finances. § 181. Upon petition of one-third of the members, the Governor may issue a commission to enquire into the financial affairs of such corporation. § 182. Debts contracted previous to the 1st January 1849, may be provided for by bylaw approved by the Governor in council; and upon such approval, the other provisions of this act not to be applicable until after default of payment under such by-law. Corporation