lain

Treasurer.

174. The Chamberlain or Treasurer may be paid a of Chambersalary or percentage (s), and all officers appointed by a Coun- nor cil shall hold office until removed by the Council (t), and shall, in addition to the duties assigned to them in this act, perform all other duties required of them by any other statute, or by the by-laws of the Council having jurisdiction over such officers. (u)

OFFICIAL DECLARATIONS.

in

of qualifica.

175.- Every person elected or appointed under this Declaration Act (v) to any office requiring a qualification of property tion. the incumbent (w) shall, before he takes the declaration of office, or enters on his duties, (x) make and subscribe a solemn declaration to the effect following: (y)

"I, A. B., do solemnly declare, that I am a natural-born Form of. (or naturalized) subject of her Majesty; that I am truly and bona fide seized or possessed to my own use and benefit, of such an estate, (specifying the nature of such estate, and if

Township of Burford, 10 U. C. Q. B. 478.) And it was made a question whether the Warden of a county is to be deemed an officer, so as to be entitled to remuneration as such. (The Queen v. The District Council of the Township of Gore, 5 U. C. Q. B. 357.) But now all such questions are set at rest, for it is made lawful for the Council of every township and county to pass by-laws for paying the members of the Council for their attendance in Council. (Sec. 262.) Where a Municipal Council, in 1850, passed a vote assigning to the Clerk of the Peace a fixed salary for that year, "in lieu of all fees," held (the Jury Act, 13 & 14 Vic. cap. 55, having been subsequently passed), that this could not debar him from claiming the fees allowed by that statute for preparing the jury books for the following year. (Pringle v. McDonald, 10 U. C. Q. B. 254.)

(s) The appointment of this officer is authorized by sec. 159.

(t) That is, during the pleasure of the Council.

(u) Duties are in this act prescribed for such officers as Chamberlains, Treasurers, Collectors, Assessors and Auditors, but the Council are here empowered to impose additional duties on these and all other officers of the Council.

(v) As to the difference between an election and appointment, see note z to sec. 126.

(w) Assessors and Collectors for example (sec. 162).

(z) The election of a Reeve by Township Councillors is "a duty," within the meaning of this section, rendering it incumbent on the Councillors, before proceeding to the election, to take the necessary declaration. (In re Hawk and Ballard, 3 U. C. C. P. 241.)

(y) Declarations are in many parts of this act substituted for oaths (see note a to sec. 67); but it must not be forgotten that the wilful making of any false statement required or authorized by this act, is a misdemeanor punishable as wilful and corrupt perjury. (Sec. 401.)

Declaration

of office.

Form of

of office.

land, designating the same by its local description, rents or otherwise,) as doth qualify me to act in the office of (naming the office) for (naming the place for which such person has been elected or appointed) according to the true intent and meaning of the Municipal Laws of Upper Canada."

176.-Every Returning Officer and Returning Officer's Clerk, every Township, Village, Town and City Councillor, every Alderman, every Justice of the Peace for a Town, and every Clerk, Assessor, Collector, Constable and other officer appointed by a Council, shall also, before entering on the duties of his office, make and subscribe a solemn declaration to the effect following: (z)

"I, A. B., do solemnly promise and declare, that I will declaration truly, faithiully and impartially, to the best of my knowledge and ability, execute the office of (inserting the name of the office) to which I have been elected (or appointed) in this Township, (or as the case may be,) and that I have not received and will not receive any payment or reward, or promise of such, for the exercise of any partiality or malversation or other undue execution of the said office." (a)

177.-The solemn declaration to be made by every Mayor and Alderman, and by every Township, Village, Town and City Councillor, shall also state that he has not by himself or his partner an interest in any contract with or on behalf of the Corporation. (b)

178.-The solemn declaration (c) to be made (d) by every Auditor (e) shall be as follows:

"I, A. B., having been appointed to the office of Auditor for the Municipal Corporation of do hereby promise and declare that I will faithfully perform the duties of such office according to the best of my judgment and ability; and

(z) See note y to sec. 175. The declaration made necessary by this section is to be taken in addition to the one required by sec. 175.

(a) This is a general declaration of office, and is intended to be administered, in addition to the officers specified, to all officers appointed by the Council.

(b) As to what is an interest in a contract with or on behalf of the 'corporation, see note m to sec. 73.

(c) See note y to sec. 175.

(d) To be made before he enters on the duties of his office. (See sec. 175 et seq.)

(e) As to the appointment of Auditors and qualifications necessary, see sec. 167.

I do solemnly declare, that I have not directly or indirectly any share or interest whatever in any contract or employment (except that of Auditor, if re-appointed) with, by or on behalf of such Municipal Corporation, during the year preceding my appointment, and that I have not any contract or employment (except that of Auditor, if re-appointed) for the present year."

other mem

fore whom

179.-The Head and other Members of the Council, and Heads and the subordinate officers of every Municipality, shall make the bers of the declaration of office and qualification before some Court, Council beJudge, Recorder, Police Magistrate, or other Justice of the to declare. Peace having jurisdiction in the Municipality for which such Head, members or officers have been elected or appointed, or before the Clerk of the Municipality. (ƒ)

180.-The Court, Judge or other person before whom Certificate such declarations are made, shall give the necessary certificate of of the same having been duly made and subscribed. (g)

Council and
Reeves may

oaths, &c.

181.—The Head of any Council, any Alderman, Reeve or Head of Deputy Reeve, any Justice of the Peace of a Town, and the Clerk of a Municipality, may, within the Municipality, admi- administer nister any oath, affirmation or declaration under this Act, relating to the business of the place in which he holds office, except where otherwise specially provided, and except where he is the party required to take the oath or affirmation, or make the declaration. (h)

claration to

182.-The deponent, affirmant or declarant shall subscribe Oath or deevery such oath, affirmation or declaration, (i) and the person be subscrib administering it shall duly certify and preserve the same, and ed.

(f) This section enables the Heads of Councils, &c., to make the necessary declarations without the restrictions as to Court or Judge which formerly existed. In some respects this section has been already commented upon. (See note o to sec. 113.)

(g) The certificate is to be to the effect that the declaration has been made and subscribed-two things essentially different, but each necessary to complete the taking of the declaration.

(h) The authority of the officers named is not to administer all oaths, but only such as relate to the business of the place in which the person administering the oath holds office.

(i) A deponent is one who makes a lawful oath. An affirmant is one who by law is permitted to affirm when otherwise he would be required to make an oath. And a declarant is a person who, instead of making either an oath or affirmation, makes a solemn declaration, which, if false, is visited with punishment as much as either an oath or affirmation. (See note y to sec. 175.)

G

Penalty for refusing to accept office

within eight days deposit the same in the office of the Clerk of the Municipality to the affairs of which it relates, (j) on pain of being deemed guilty of a misdemeanor. (k).

183.-Every qualified person duly elected or appointed to be a Mayor, Alderman, Councilman, Reeve or Deputy or take the Reeve, Councillor, Police Trustee, Assessor or Collector, of or oaths, &c. in any Municipality, who refuses such office (1), or does not make the declarations of office and qualification within twenty days after knowing of his election or appointment (m), and every person authorized to administer any such declaration, who, upon reasonable demand, refuses to administer the same (n), shall, on conviction thereof before two or more Justices of the Peace, under and subject to the Summary Convictions Act of sixteenth Victoria, chapter one hundred and seventyeight, forfeit not more than eighty dollars nor less than eight dollars, at the discretion of such Justices, to the use of the Municipality, tegether with the costs of prosecution. (0)

Embezzlements by Municipal Officers.

EMBEZZLEMENT OF BOOKS, MONEYS.

184. All books, papers, accounts, documents, moneys and valuable securities, respectively, by any person or officer. appointed or employed by or on behalf of any Council, kept or received by virtue of his office or employment, shall be the property of the Corporation (p); 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 fraudulent embezzlement thereof (q), and may be prosecuted

(3) The duty of the person administering an oath, &c., of the kind authorised, is two-fold, first, to certify and preserve the same, and secondly, within eight days to deposit the same in the place mentioned. (k) As to misdemeanors, see note r to sec. 55.

(2) This renders the acceptance of the offices mentioned obligatory, at the risk of the penalty which follows refusal.

ment.

(m) The gist of this is the scienter or knowledge of the appointAs to the computation of the time, see noter to sec. 98) (n) The demand is to be reasonable, that is, to be made in a rational manner, and at seasonable hours.

(0) To be enforced, it is presumed, by warrant, in the manner directed by the 16 Vic. cap. 178. (See sec. 242, subsecs. 6, 7 & 8.

(P) So as to enable the Corporation to maintain civil actions for or in respect of them, or to prosecute criminally when the offence of embezzlement is committed.

(2) This is a most important provision. It is in the first place declared that all books, papers, accounts, documents, moneys, and valuable securities, by any person or officer appointed by or on behalf of the

and punished, in the same manner as a servant fraudulently embezzling any chattel, money or valuable security of his master (r); but nothing herein shall affect 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. (8)

PROVISIONS APPLICABLE TO ALL COUNCILS.

tions to ap

185.-The following sections, numbered from 186 to 240, Certain sec both inclusive, relate to all Municipalities, namely, 1, Town- ply to all ships; 2, Counties; 3, Provisional Corporations; 4, Cities; Municipali5, Towns; and, 6, Incorporated Villages. (t)

JURISDICTION OF COUNCILS.

ties.

diction of

186.-The jurisdiction of every Council shall be confined Local Juristo the Municipality the Council represents, except where Councils. authority beyond the same is expressly given, (u) and the

Council, &c., kept or received, are the property of the Corporation. In the next place it is declared that if any such person refuse or fail to deliver up or pay over the same, he shall be guilty of a fraudulent embezzlement thereof, &c. Embezzlement is a statutable stealing, and is an offence of a serious nature.

(r) For the punishment of embezzlements committed by clerks and servants, it is enacted that if any clerk or servant, &c., shall, by virtue of his employment, receive or take into his possession any chattel, money, or valuable security, for or in the name of or on account of his master, and shall fraudulently embezzle the same or any part thereof, every such offender shall be deemed to have feloniously taken the same from his master, although such chattel, money or security was not received into the possession of such master otherwise than by the actual possession of his clerk, servant, or other person so employed. (4 & 5 Vic. cap. 25, sec. 39; see also 18 Vic.. cap. 92, secs. 16, 47; and the leading case of The Queen v. Cummings, in Appeal, 4 U. C. L. J. 182.) The punishment is imprisonment in the Provincial Penitentiary at hard labour for any term not exceeding fourteen nor less than seven years, or imprisonment in any other prison or place of confinement for any term not exceeding two years. (4 & 5 Vic. cap. 25, sec. 38.)

(s) The civil remedy is to be distinct from, and independent of, the criminal procedure.

(t) Police villages are neither enumerated here nor intended to be included under the operation of the sections from sec. 186 to sec. 240 inclusive. A police village is not a municipality, within the meaning of this Act. (Sec. 402, subsec. 1.)

(u) A Municipality, whether a County, City, Township, or Village, is a locality; and a Municipal Council is the governing body of that locality. Beyond the limits of the locality the Council has not in general any authority whatever. For this reason the section begins