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Execution

Direction to sheriff

Copy writ and statement for treasurer

Nonpayment one month, sheriff to

strike execution rate

Sheriff's precept to treasurer

Column in tax roll

as to him may appear necessary for the adjustment, arrangement and settlement of all accounts between any such district and the municipality within which it is wholly or partly situated.

EXECUTIONS AGAINST SCHOOL DISTRICTS..

97. Any writ of execution against the board of any district may be endorsed with a direction to the sheriff to levy the amount thereof by rate; and the proceedings thereon shall be the following:

1. The sheriff shall deliver a copy of the writ and endorsement to the treasurer or leave such copy at the office or dwelling house of such officer with a statement in writing of the sheriff's fees and of the amount required to satisfy such execution including such amount of interest calculated to some day as near as is convenient to the day of service;

2. In case the amount with interest thereon from the day mentioned in the statement be not paid to the sheriff within one month after the service the sheriff shall examine the assessment roll of such district and shall in like manner as rates are struck for general school purposes strike a rate on the dollar or on the acre as the case may be on the assessable property in the said district sufficient to cover the amount due on the execution with such addition to the same as the sheriff deems sufficient to cover the interest and his own fees up to the time when such rate will probably be available;

3. He shall thereupon issue a precept or precepts under his hand and seal of office directed to the said treasurer and shall by such precept after reciting the writ and that the said board had neglected to satisfy the same command the said treasurer to levy or cause to be levied such rate at the time and in the manner by law required in respect to the general school rates;

4. At the time for levying the annual rate next after the receipt of such precept the treasurer shall add a column to the tax roll in the said district headed "Execution rate of A.B. v. Board of School District (or, as the case may be, adding a column for each execution if more than one) and shall insert therein the amount by such precept required to be levied upon Levy of rate each person respectively and shall levy the amount of such execution rate as aforesaid; and such treasurer so soon as the amount of such execution or executions is collected shall return to the sheriff the precept with the amount levied thereon;

Return of precept

Surplus

Treasurer

officer of court

5. The sheriff shall after satisfying the executions and all fees thereon return any surplus within ten days after receiving the same to the said treasurer for the general purposes of the said district;

6. The treasurer shall for all purposes connected with carrying into effect or permitting or assisting the sheriff to carry into effect the provisions of this Ordinance with respect

to such executions be deemed to be an officer of the court out of which the writ issued and as such shall be amenable to the court and may be proceeded against by attachment, mandamus or otherwise in order to compel him to perform the duties hereby imposed upon him. CO., c. 75, s. 212.

98. In the foregoing section the word "treasurer" shall "Treasurer"

mean:

1. In the case of a village or rural district the treasurer of the school district;

2. In the case of a town district the secretary treasurer of the municipality. C.O., c. 75, s. 213.

treasurer or

Sheriff's

99. In case of the absence of the treasurer of any village or Absence of rural district and the refusal or neglect of the board to appoint refusal to act some other person in his place or in case of the refusal or neglect of the treasurer to comply with any of the provisions of section 97 hereof the sheriff upon application to a judge of the supreme court may be invested with full power and authority to assess, levy, collect and enforce payment in the powers same manner as assessors, collectors and treasurers are authorised to do by this Ordinance of such sum or sums of money as may be required to pay and satisfy the execution or executions and all fees and legal expenses including such allowance for the costs, levy, collection and enforcement of payment as the judge may allow :

Provided that any person may within one month from the date of the notice by the sheriff of assessment by him apply to the sheriff to revise such assessment in any respect as to which such person might have appealed to a court of revision and if the sheriff refuses such application appeal may be had to a judge of the supreme court on application to him within eight days after the sheriff's decision of which application notice in writing shall be given to the sheriff and on such application the judge may proceed as in the case of an appeal from a court of revision. C.O., c. 75, s. 214.

FORMS.

100. The several forms in the appendix to this Ordinance to suit the case or forms to the like effect shall be deemed good, valid and sufficient.

101. This Ordinance shall come into effect on the first day Commenceof January, 1902.

ment

(For Rural Districts. Sections 6 and 13.)

APPENDIX.
FORM A.

Assessment and tax roll

. of the North-West Territories for the year 190..

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This Assessment Roll was posted on the

.day of

190.

.......

Secretary

This Tax Roll posted on the. day of....190..

was

li

NOTE-The information required in columns 1, 3 and 4 is to be filled in by the assessor (see sections 6 and 7) after which the roll is to be delivered to the secretary who will fill in columns 2, 5 and 6 and then post a copy of the roll and fill in and sign the date of posting (see section 10). After the rate per acre is struck (see section 12) the secretary will fill in columns 7 and 8 (see section 13) and then deliver the roll to the treasurer who will fill in columns 9 and 10 and then post a copy of the roll and fill in and sign the date of posting (see section 14). The treasurer will also fill in columns 11 and 12. If the secretary is also treasurer he will perform the duties assigned to both.

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You are hereby notified that your name appears on the assessment roll of the above named school district for the year 190..as the owner (or occupant) of.....

acres of land.

...and that you are assessed for.

You are further notified that if you object to this assessment you must appeal to the justice of the peace nearest to my residence within fifteen days after the posting of the assessment roll otherwise the assessment will stand.

Dated at

this.

..day of .190 ...

Secretary

(or Secretary Treasurer).

Residence of Secretary (or Secretary Treasurer) Sec... Tp... R.... M....

For Ratepayers in

Rural Districts.

FORM C.

(Section 11.)

NOTICE OF APPEAL.

Το

Justice of the Peace

P.O.

You are hereby notified that I appeal from iny
.School District No....

assessment in the...

of the N.W.T. for (description of property and number of acres) on the ground that

and that I wish to have this my appeal considered by you.

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NOTE.-A fee of $2 must accompany this notice or be delivered to the justice of the peace if the notice is handed to him.

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You are hereby notified that you are assessed on the assessment roll of the above named school district for the year 190.. for..... acres of land the taxes on which at

the rate of......cents per acre amount to $. ..; and you are further notified that the arrears of taxes due by you to the said district amount to $...

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.and you are required

Dated at. this..

.day of
190

Treasurer.

(or Secretary Treasurer.)

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