thentic, and be received in evidence in any Court of Justice without proof of the Seal or Signatures, (e) unless it is specially pleaded or alleged that the Seal, or one or both of the Signatures, have been forged. (f)

OPPOSITION TO, BY RATE-PAYERS.

applied for

for.

190.-In case any person (g) rated on the assessment roll Opposition of any municipality, or of any locality therein (k), objects to to By-laws the passing of a by-law, the passing of which is to be preceded by rate by the application of a certain number of the ratable inhabi- payers. tants of such municipality or place (i), he shall, on petitioning Provision the Council, be at liberty to attend, in person or by counsel or attorney, before the Council at the time at which the by-law is intended to be considered, or before a committee of the Couneil appointed to hear evidence thereon, and may produce evidence that the necessary notice of the application for the by-law was not given, or that any of the signatures to the application are not genuine, or were obtained upon incorrect statements, and that the proposed by-law is contrary to the wishes of the persons whose signatures were so obtain d, and that the remaining signatures do not amonnt to the number nor represent the amount of property necessary to the passing of the by-law. (j)

(e) On a motion to quash a by-law, order or resolution, it is only necessary to produce a copy, certified under the hand of the Clerk alone, and under the corporate seal, together with an affidavit of the party applying, that the copy was received from the Clerk. (Sec. 194.)

(ƒ) It is for the party alleging the affirmative to give prima facie proof of the forgery, before the other party can be required to rebut it and support the deed: the onus is on the party pleading forgery.

(9) Qu. Does the word "person," as bere used, embrace corporations? (See 12 Vic. cap. 10, sec. 5, subsec. 8.) The provision hereafter made, that the complainant shall be at liberty, on petitioning the Council, to attend in person or by counsel, would seem to indicate that it does not.

(h) Which any person may be, on his own application. cap. 182, sec. 17.)

(16 Vic.

(i) The right to object does not extend to the passing of all by-laws, but only such as are "to be preceded by the application of a certain number of the ratable inhabitants of the municipality or place."

(j) The right to attend for the purpose mentioned exists only "on petitioning the Council." The person so attending may raise all or any of the following objections:

1. That the necessary notice of the application for the by-
law was not given.

2. That any of the signatures to the application are not

genuine.

When Bylaws shail not pass.

If a By-law requires the

191.-If the Council is satisfied, upon the evidence, that the application for the by-law did not contain the names of a sufficient number of persons whose names were obtained without fraud and in good faith, and who represent the requisite amount of property, and are desirous of having the by-law passed, or if the Council is satisfied that the notice required by law was not duly given, the Council shall not pass the bylaw. (k)

PROCEEDINGS WHEN THE ASSENT OF ELECTORS IS Required.

192.-In case a By-law requires the assent of the Elecassent of the tors of a municipality before the final passing thereof, (1) the following proceedings shall be taking for ascertaining such asassent, except in cases otherwise provided for: (m)

electors.

Time and place of vot

ing shall be

Jaw.

1.-The Council shall by the By-law fix the day, hour and place for taking the votes of the electors thereon at every fixed by By-place in the Municipality at which the elections of the Members of the Council or Councils therein are held; (n) and shall also name a Returning Officer to 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 Bylaw as herein provided for: (0)

3. That some of the signatures were obtained upon incorrect

4.

5.

statements.

That the proposed by-law is contrary to the wishes of the persons whose signatures were so obtained.

And that the remaining signatures do not amount to the number, nor represent the amount of property necessary to the passing of the law.

(k) The Council is not to pass the by-law if satisfied of one of two things-either that the application for the by-law does not contain the names of a sufficient number of persons, &c., or that the notice required by law was not duly given.

(1) By-laws for creating debts, &c., are here especially intended. (See sec. 222 et seq.)

(m) If the proceedings prescribed be not taken, or be not duly taken, the By-law may be held invalid.

(n) "Are held," that is in each ward, when there are wards, &c.

(0) The By-law itself is, among other requirements-1. To fix the time and place for taking the votes of the electors, &c. 2. To name a Returning Officer to take the votes. The time must not of course be inconvenient or unseasonable, and the place must be "every place at which the elections of the members of the Councils, &c., are held." If the Returning Officer named fail to attend, it is apprehen led that the Electors may choose from among themselves a Returning Officer. (Sec. 94; sec. 192, subsec. 4.)

law to be

2. The Council shall, for at least one month before the final Proposed Bypassing of the proposed By-law, publish a copy thereof in some published. newspaper published weekly or oftener in the Municipality, or if there is no such newspaper, in some newspaper in the nearest place in which a newspaper is published, and also put up a copy of the By-law at four or more of the most public places in the Municipality; (p)

given.

3.-Appended to each copy so published and posted, shall Notice to be be a notice signed by the Clerk of the Council, stating that such copy is a true copy of a proposed By-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: (g)

pro

4.-At such day and hour a Poll shall be taken and all ceedings thereat and for the purpose thereof shall be conducted in the same manner as nearly as may be, as at a Municipal Election; (r)

Poll.

book to be returned.

5. Every Returning Officer shall on the day after the clos- Verified polling of the Poll, return his Poll-Book verified to the Clerk of the Local Municipality in which the Poll was taken, (s) and in case of a By-law of a County Council, the Clerk of the Lo

(p) The by-law is to be published in the manner directed, and to be so published "for at least one month," which means "one calendar month." (12 Vic. cap. 10, sec. 5, subsec. 11.) The manner of publication is to be the insertion of a copy of the By-law in some newspaper published weekly or oftener in the Municipality, or, if there is no such newspaper, in some newspaper in the nearest place in which a newspaper is published, and by putting up a copy of the By-law at four or more of the most public places in the Municipality. It is not clear whether the latter is to be done as well where there is a newspaper in the Municipality as where there is not. To prevent mistake, it had better be done in either case.

(4) The publication of the notice is quite as necessary as that of the By-law itself. The notice may be in this form :-Take notice that the above is a true copy of a proposed By-law, which will be taken into consideration by the Council of this Municipality, after one month from the first publication in the (naming the newspaper), the date of which first publication was (stating the day of the week, month and year), and that the votes of the Electors of the said Municipality will be taken thereon at (naming the place or places) on (naming the day, fc.) at (naming the hour).

(r) See sec. 97 et seq., and notes thereto.

C. D.,

Clerk.

(s) Verified, &c. It is presumed, by a solemn declaration thereto annexed, that the poll-book contains a true statement of the poll. (See sec. 98.)

Clerk to sum up and de

cal Municipalities shall forthwith return to the Clerk of the County Council the Poll-Book so delivered to him: (†)

6. The Clerk of the Council which proposed the By-law clare result. shall add up the number of votes for and against the same, and shall certify to the Council under his hand whether the majority have approved or disapproved of the by-law; (u) and shall keep the same with the Poll-Book among the Records of his Office. (v)

When the

assent of the required to

Governor is

By-laws.

By-law, how to proceed

in order to quash.

WHEN REQUIRING THE ASSENT OF THE GOVERNOR IN COUNCIL.

193.--The facts required by this Act to be recited in any By-law which requires the approval of the Governor in Council, shall, before receiving such approval, be verified, by solemn declaration, by the Head of the Council, and by the Chamberlain or Treasurer and Clerk thereof, and by such other persons and on such other evidence as to the Governor in Council satisfactorily proves the facts so recited; (w) or in case of the death or absence of any such Municipal officer, upon the declaration of any other Member of the Council whose declaration the Governor in Council will accept. (x)

WHEN AND HOW QUASHED.

194.-In case a resident of a Municipality, or any other person interested (y) in a Bylaw, Order or Resolution of the

() Verified, it is apprehended, in the same manner as in last note mentioned. (See the Municipal Loan Fund Act, 16 Vic. cap. 22, sec. 2, subsec. 9.)

(u) It is made the duty of the Clerk of the Council to add up the number of votes, &c., and to certify, &c., but no time is limited for the performance of the duty. It must be done before the day appointed by the Council for taking the By-law into consideration.

(") See sec. 150 et seq., as to the duties of Clerks of Councils.

(w) This section applies only to By-laws requiring "the approval of the Governor in Council." To procure the approval, it is made necessary that

1. The By-law be verified by solemn declaration.

2. The declaration to be made by the Head of the Council,

66

66

66
66

the Chamberlain or Treasurer, the Clerk of the Council.

3. And by such other persons and on such other evidence as to the Governor in Council satisfactorily proves the facts recited.

(x) Will accept, i. e. may accept or deem satisfactory.

(y) The application may be made by "a resident, &c.," or "any other person interested, &c." As to what constitutes residence, see noter to sec. 75. Where applicant, who moved against a by-law of the United Counties of Peterborough and Victoria, swore that during all the year 1850, he had been and was at the time of the

Council thereof, (2) applies to either of the Superior Courts of Common Law (a), and produces to the Court a copy of the bylaw, order or resolution (b),certified under the hand of the Clerk and under the corporate seal (c), and shews, by affidavit (d),

separation a resident of and within the limits and boundaries of the Town of Peterborough, a Corporation within the said County of Peterborough, it was held that applicant was sufficiently described as a resident, so as to be entitled to make the application. (In re Conger and Peterborough Municipal Council, 8 U.C.Q. B. 349.) Where a freeholder of a Township, though not a resident, applied to quash a Bylaw; and it was objected, that being a non-resident he could not do so; it was held that as a freeholder of the township he had an interest in all the By-laws passed by the Township Council, sufficient to en able him to move to quash any of its By-laws. (In re De la Haye and the Municipality of the Gore of Toronto, 2 U. C. C. P. 317.)

(z) Before this Act, the Courts had no express authority on summary application to quash" orders or resolutions." The power was restricted to by-laws. (Daniels v. the Municipal Council of the Township of Burford, 10 U. C. Q. B. 478; In re Cæsar and the Municipality of the Township of Cartwright, 12 U. C. Q. B. 341.)

(a) It has been held that the Practice Court is not authorized to entertain such an application. (In re Sams and the City of Toronto, 9 U. C. Q. B. 181.)

(b) Applicant must produce to the Court a copy of the by-law, order or resolution, that is of an existing by-law, &c. If before application the by-law, &c., has been repealed, of course no application to quash it is requisite. (In re McGill and the Municipal Council of the County of Peterborough, 9 U. C. Q. B. 562.)

(c) Where the Seal of the Corporation, though not mentioned in the Clerk's certificate, was on the same page with the certificate, immediately above it and opposite to the signature of the Clerk, the old law was held to be sufficiently complied with. (Baker v. the Municipal Council of Paris, 10 U. C. Q. B. 621.) The Court will discharge a rule to quash a by-law, &c., moved on a copy of the by-law, &c., verified in a manner different from that prescribed by this statute, unless the reason for the variances are clearly and satisfactorily explained. (Bichart v. the Municipality of the United Townships of Brant and Carrick, 6 U C. C. P. 130.) As to compelling the Clerk to give a copy of the by-law, &c., certified as here directed, see In re Township Clerk of Euphrasia, 12 U. C. Q. B. 622.

(d) The affidavit ought to be intitled of the Court in which the motion is made (Fraser v. the Municipal Council of the United Counties of Stormont, Dundas and Glengarry, 10 U. C. Q. B. 286); but if it appears from the jurat to have been sworn before a Commissioner of that Court, the objection will not avail. (Ib.) If, however, the Commissioner merely describes himself as "a Commissioner, &c." without stating of what Court, the affidavit must be intitled. (In re Hirons et al and the Municipal Council of Amherstburgh, 11 U. C. Q. B. 458.) It need not be intitled "The Queen v. the Municipal Council of, &c." but may be "In the matter of W. S. C. and the Municipal Council of, &c." (In re Conger and Peterborough Municipal Council, 8 U. C. Q. B. 349.)