A.D. 1867. By-laws when operative.

By-laws to be passed by at least three Councillors.

Penalty for infraction of by-law.

Provides for absence of specific penalty in by-law.

Status of Mayor.

27. Every by-law passed by the Municipal Council shall be reconsidered not less than three days after the original passage, and if adopted by the Municipal Council, or confirmed by the municipal electors, as hereinafter provided, shall come into effect and be binding on all persons after seven days from the publication of the same, in some one or more of the newspapers published in the city, unless otherwise postponed in such by-law.

28. Every by-law shall be passed by the vote or resolution of at least three members of the Municipal Council, and at a meeting where at least four members of the Municipal Council shall be present.

29. The penalty by which any by-law may be sought to be enforced, may be stated therein, and if no penalty is therein mentioned, the breach of any by-law shall be punished in a summary way, by a fine not exceeding fifty dollars, or by imprisonment for any term not exceeding one month, at the discretion of any Justice or Justices of the Peace having jurisdiction within the municipality.

30. In the event of any by-law being passed wherein no specific penalty is inserted, or in case a specific penalty is inserted, and no means for its recovery specified, any Justice or Justices as aforesaid may, in case of a fine, adjudge that such offender shall pay the same, either immediately, or within such period as the said Justice or Justices shall think fit; and in case such sum of money shall not be paid at the time so appointed, the same may be levied by distress or sale of the goods and chattels of the offender, and for want of sufficient distress such offender may be imprisoned as aforesaid, at the discretion of such Justice or Justices, in the common gaol, for any term not exceeding one month, the imprisonment to cease upon payment of the fine and costs.

31. The Mayor shall be deemed one of the Municipal Council, and the head and chief executive officer of the corporation, and shall ex officio be a Justice of the Peace, and have precedence over all Justices of the Peace, and it shall be his duty to cause the law for the improvement of the city to be duly exccuted and put in force; to inspect the conduct of all subordinate officers in the government thereof, and as far as may be in his power, to cause all negligence, carelessness, and positive violation of duty to be prosecuted and punished, and to communicate from time to time to the Municipal Council all such information, and recommend all such measures as may tend to the improvement of the finances, health, security, clean liness, and comfort of the city; but the Mayor shall not hold a separate Court apart from that of the Stipendiary Magistrate of the said city.

32. The jurisdiction of the Municipal Council shall be confined to the municipality, except where authority beyond the same is expressly given.

A.D. 1867.

Jurisdiction of Municipal Council.

tions for govern

33. The Municipal Council may make regulations not specially Municipal Council provided for in this Ordinance, and not contrary to the provisions may make regulahereof, and not contrary to law, for governing the proceedings of ment. the Municipal Council and the conduct of its members.

34. The Municipal Council may, by resolution passed in manner Expenses of Corporation how defrayed hereinafter provided, devote any portion of the municipal revenue, not exceeding in the course of the year one-third part, towards defraying the ordinary expenditure of the corporation in the conduct of its general business, and, by a resolution passed as aforesaid, may devote the unappropriated portion of the said revenue, and any accumulations of past revenue, to any of the purposes for which the Municipal Council is authorized to pass by-laws. [Vide Victoria Water Works Act, Sec. 59.]

35. Every resolution devoting any portion of the municipal funds to any of the purposes aforesaid, shall be passed by the vote of at least four members present at a meeting where at least five members shall be present; such resolution shall be afterwards confirmed by a like vote at some meeting summoned after the lapse of seven days from, and before the expiry of one calendar month at least from, the original meeting, and summoned also for the specific purpose of confirming the resolution.

Expenditureto be four members.

voted by atleast

36. The Municipal Council, save as hereinafter mentioned, shall No power to incur liability. have no power to incur any personal liability, or any liability beyond the municipal revenue for the current year. [But see Section 38, Chap. 129.]

[Assessment Roll, vide Chap. 129, Sections 51 and 52.]

37. The Municipal Assessment Roll may be inspected by any Inspection of roll. person, at all reasonable times, free of any charge whatever. [No.

127 R. S., sub-sec. 2 of sec. 2.]

38. The rates or taxes on real estate shall be paid by the owner Rates on owners. of the land in respect of which, or the improvement thereon, the assessment shall have been made; provided, however, that when the assessment shall have been made in respect of property held under lease from the owner, or in respect of improvements which were not at the time of the assessment owned by him, the amount paid by the owner shall (in the absence of any agreement to the contrary) be recoverable by him from the lessee or occupier of the said property, or improvements as aforesaid, by distress or otherwise, in like manner as if the amount due were owing for rent in arrear in respect

A. D. 1867.

Interest on arrears.

Registration of

arrears.

List of arrears.

Arrears a charge on the land.

Publication of list of lands sold for taxes.

Sale by Sheriff.

of such property, together with interest thereon at the rate of twelve per centum per annum from the date of payment as aforesaid, until the same be paid. [No. 127 R. S., sub-sec. 4 of sec. 4.]

39. If such tax be not paid within one calendar month after the day fixed for payment interest after the rate of twelve per centum per annum shall thereupon attach and be payable until the amount due with such interest be registered as a charge against the property assessed, as hereinafter mentioned. [No. 127 R. S., sub-sec. 5 of sec. 4.]

40. On and after the expiration of one year from the day of default as aforesaid, the amount of such tax (and also the amount of any tax now over due for a like period), and interest, and cost of registration, may, on the application in writing, in the usual form, of the Clerk of the Municipal Council, be registered as a charge against the land in respect of which such tax was payable; and the Registrar-General of Titles in Vancouver Island is hereby authorized and required to register the same accordingly. [No. 127 R. S., sub-sec. 6 of sec. 4.]

41. Once in every year, the Registrar-General aforesaid shall publish in the Government Gazette a list of all property against which charges have been registered during the preceding twelve months for unpaid taxes, together with the names of owners or supposed owners, and the amounts of such charges respectively. [No. 127 R. S., sub-sec. 7 of sec. 4.]

42. From and after the date of registration as aforesaid, the amount covered by the charge shall bear interest at the rate of eighteen per centum per annum; and after the expiration of three years from such date, the land and property against which the charge has been registered shall and may be sold by public auction, in manner to be prescribed by the said Municipal Council, and on the following conditions, viz:- [No. 127 R. S., sub-sec. 8 of sec. 4.]

43. The said Municipal Council shall publish in the Government Gazette and one or more newspapers published in the said city, a list of all lands and property by them intended to be sold as aforesaid, including the names of the owners or supposed owners thereof, together with the amount of all costs and charges due on such property, at least two months before such intended sale. [No. 127 R. S., sub-sec. 9 of sec. 4.]

44. At the time and place appointed, the sale shall be conducted by the Sheriff or his Deputy, and he shall be allowed therefor a commission not exceeding ten per centum upon the amount realized by such sale, in lieu of all expenses incurred thereby. [No. 127 R. S., sub-sec. 10 of sec. 4.]

A.D. 1867.

Reserved price

45. No lot or piece of land shall be sold for less than the value thereof, as assessed at the time when the tax in respect of which the sale is made was imposed. [No. 127 R. S., sub-sec. 11 of sec. 4.]

46. Upon the sale of any lot, the Sheriff shall and is hereby em- Sheriff may convey powered to execute a conveyance to the purchaser thereof, of all the estate and interest therein, which the owner held at the time of the imposition of the tax; and the said Municipal Council are hereby [Vide Chap. 129, empowered to purchase at such sale, and hold any lot so purchased secs. 41, 42, 43, 44, 45, and 46.] as corporate property. [No. 127 R. S., sub-sec. 12 of sec. 4.]

of sale.

47. The proceeds arising from the sale of any lot as aforesaid Disposal of proceeds shall be disposed of by the High Sheriff as follows:-He shall, in the first place, pay himself the commission due thereon, and the cost of the conveyance; and, in the second place, shall pay the amount of all taxes due thereon, with interest and costs, including costs of registration, to the clerk or treasurer of the said Municipal Council; and shall pay the surplus (if any) into the Treasury of the Colony, to an account to be intituled " Municipal Tax Sales Account," and such moneys may be paid thereout by order of any Judge of the Supreme Court, on a summary application made to him in the form of a summons, supported by an affidavit of the facts, to the person or persons, in the opinion of such court, entitled to receive the same; and no court fees shall be charged or received for such summons, or for any order thereon made. [No. 127 R. S., sub-sec. 13 of sec. 4.]

48. No informality or irregularity shall vitiate any such sale and Informality shall conveyance as aforesaid, nor shall any purchaser be bound to not vitiate sale. enquire into the regularity or otherwise of such sale, or to the application of the purchase money therein expressed to be paid; and the Registrar-General aforesaid shall register the title of the purchaser of every lot so sold, upon the production of the conveyance by the Sheriff aforesaid. [No. 127 R. S., sub-sec. 14 of sec. 4.]

49. If any lot, put up to auction as aforesaid, shall not realize Power to enter and the amount of the assessed value thereof, the Municipal Council lease.

may, and they are hereby authorized to, enter into possession thereof, and hold and enjoy the same until the amount due for taxes and costs, and expenses, together with interest at eighteen per cent. per annum be fully paid and satisfied; but any such lot may be included in any subsequent sale, and sold in manner hereinbefore mentioned. [No. 127 of R. S., sub-sec. 15 of sec. 4.]

50. Concurrently with the remedies given by this Ordinance for Taxes may be colthe collection of municipal taxes hereunder, the taxes payable by lected by law.

any person hereunder may be recovered in any competent court of

justice of the Colony, with interest after the rate of twelve per centum

763

A.D 1867.

Cancellation of charge.

By-law negatived

cannot be considered in same year.

Poll books open to inspection.

Power of Council to hold real estate.

Officers to give security.

Council to have a corporate seal.

Power of Council to lease corporate lands.

per annum, from the day of default as aforesaid, on all such arrears of taxes and registration fees, until paid, together with costs, as a debt due to the corporation; and the production of a copy of so much of the assessment roll as shall relate to the taxes payable by such person, purporting to be certified as a true copy by the clerk of the Municipal Council, shall be primâ facie evidence of the debt. It shall be the duty of the Municipal Council, at least once in every year, to register the said lien or debt in the books of the Land Registry Office as a charge on such real estate. [No. 127 R. S., sub-sec. 16 of sec. 4.]

51. A certificate of discharge and satisfaction, signed by the clerk of the Municipal Council, shall be sufficient authority to the Registrar-General to cancel any charge appearing in the books of his office in respect of taxes; and he is hereby authorized and required to cancel the same, on payment of the costs and fees due and payable therefor: Provided, always, that the total amount to be charged and payable for registration and cancellation shall be two dollars, and no more. [No. 127 R. S., sub-sec. 17 of sec. 4.]

52. In case any proposed by-law, or portion of a by-law, shall be negatived by the votes of the electors, no such by-law, or portion of a by-law, or one of a similar nature, shall be brought forward or considered during the same municipal year.

53. The poll books shall be open to inspection on payment of a fee of twenty-five cents to the Clerk of the Municipal Council.

54. The Municipal Council shall be capable of holding real estate, and have entire control of all corporate property.

55. All officers shall give security in such manner as the Municipal Council shall determine, for the due performance of their services.

56. The City of Victoria shall have a corporate seal, and the Municipal Council shall enter into all contracts under the same seal, which shall be fixed on all contracts by virtue of an order of the Municipal Council.

57. The Municipal Council may absolutely lease any of the corporate property, for any term not exceeding fourteen years, receiving thereupon the best rent that can reasonably be obtained, and without taking any fine, or premium, or other money in the nature of a fine or foregift: Provided, always, that every lease made by the corporation shall be executed under the corporate seal, and there shall be therein contained a proviso for the re-entry on non-payment of the rent, or non-observance, or non-performance of any of the covenants and provisos therein contained.