Page images
PDF
EPUB

CHAPTER 72.

An Act to amend "The Municipal Act"

[Assented to March 10th, 1916.]

HIS with the advice and consent of the

Legislative Assembly of Manitoba, enacts as follows:

"The Munici

1. Section 52 of chapter 133 of the Revised Statutes of Section 52 of Manitoba, 1913, being "The Municipal Act," is hereby amended pal Act" is by striking out the words "and write" in the fourth line thereof amended. and substituting therefor the words "the English language, and write it from dictation."

section 52
amended.

2. Paragraph (c) of said section 52 of said Act is hereby Paragraph (c) of amended by striking out the words "or if not so resident" in the second line thereof and substituting therefor the word "and."

3. Section 84 of the said Act is hereby amended by adding Section 84 thereto the following sub-section:-

(4) In the Town of Transcona the poll shall remain open until eight o'clock in the afternoon.

amended.

Council may

and appoint a

4. Said Act is hereby further amended by adding thereto Sections 191 the following sections immediately after section 191 thereof. and 191B added. 191A. (1) Whenever the Lieutenant-Governor-in-Council L-G-inhas reason to believe, and does believe, that any municipality disorganize is insolvent, or is in imminent danger of insolvency, and that municipality it is in the best interests of the municipality and its creditors receiver. that the municipality should be disorganized and its affairs wound up, the Lieutenant-Governor-in-Council may by orderin-council disorganize the said municipality and appoint a fit and proper person to be and to act as receiver thereof for the purposes of realising upon and collecting the assets of the municipality and performing the services hereinafter mentioned. (2) From and after the date of the publication of a notice After notice in The Manitoba Gazette of the action of the Lieutenant- municipality is Governor-in-Council, as aforesaid, the municipality shall be organized. deemed to be disorganized, and the then existing council and all officers thereof shall retire from office and be no longer qualified to act for or on behalf of the municipality or to exercise any of the functions, powers and authority vested in councils and officers by "The Municipal Act," "The Assessment Act" or by any other Act or Acts of the Legislature of this Province. (3) The person appointed as receiver for the purposes afore-Receiver to be aid shall be under the control and direction of the Municipal municipal Com

Gazette

deemed dis

under control of

missioner.

Power and authority of receiver.

Commissioner and be guided by him in all things appertaining to the performance of his duties.

(4) Such receiver shall have power and authority to demand and receive from the proper officer or officers of the municipality all moneys belonging to the municipality in the hands, or under the control of such persons, and also all books, tax rolls, papers and other documents relating to the affairs of the municipality. Any officer failing or refusing to comply forthwith with the deofficials refusing to comply with mand of the receiver as aforesaid shall be liable on conviction by any justice of the peace to a fine of not less than $50 and not more than $100 and to imprisonment for any term not exceeding three months.

Penalties for

receiver's de

mands.

Receiver empowered to realize upon assets of the municipality.

Receiver to pay

over moneys collected.

Receiver to give bond.

Moneys collected by receiver to be plied to pay

ap

debts of muni

cipality.

Costs and ex

penses to be first charge.

Priorities to be observed in making payment.

L.-G.-inCouncil to determine re

(5) Such receiver in his official capacity shall have and possess full power and authority to realize upon all the assets of the municipality by demand, suit, or other lawful means to the same extent as the council or collector previously had and, in the case of arrears of taxes, by means of distress against the goods and chattels of the person or persons owing and liable to pay the same.

(6) All moneys received by the receiver shall be paid over to, or as directed by, the Municipal Commissioner without deductions or abatement, accompanied by statements giving full particulars regarding the amounts and source of such receipts.

(7) The receiver shall, before entering upon the performance of his duties, furnish and deposit with the Municipal Commissioner security by guarantee bond for such amount as may be determined by the said Municipal Commissioner for the due and faithful performance of his duties.

(8) All such moneys received by the Municipal Commissioner shall be devoted to the payment of the liabilities of the municipality as far as circumstances will permit, after paying the costs and expenses incidental to the receivership, including the remuneration of the receiver, and shall be distributed by him in the following order of priority:

(a) In payment of all salaries to officers of the municipality, up to and due at the time of the abolishment thereof;

(b) In payment of amounts due to the several school districts by the municipality at the said time;

(c) In payment of the other just debts of the municipality at said time, rateably and without preference or priority as between such debts.

(9) The receiver shall be paid out of the funds of the municipality such sum for his services, in addition to his travelling muneration of and other expenses, as may be determined by the LieutenantGovernor-in-Council.

receiver.

L.-G.-in

Council may make further provisions to

(10) The Lieutenant-Governor-in-Council may provide, in addition to the provisions herein contained, such further provisions for the full accomplishment of the objects herein sought jects aimed at. to be attained as exigencies may require, or that may be neces

carry out ob

sary.

ture necessary

(11) No municipality disorganized under the provisions of Act of legislathis section shall be re-organized except by Act of the Legisla- to re-organize a

ture.

ap

disorganized municipality.

191B. (1) Whenever the Lieutenant-Governor-in-Council L.-G.-inCouncil may aphas reason to believe, and does believe, that a municipality is point an adin serious financial difficulties and that it is advisable and neces- ministrator of a municipality. sary in the best interests of the municipality and the ratepayers and creditors thereof, that the affairs of the municipality would be more satisfactorily conducted by an independent administrator than under the then existing conditions, an order-in-council may be passed by the said Lieutenant-Governor-in-Council pointing a fit and proper person to be and to act as such administrator for the said purposes; and from and after the date of publication of a notice in The Manitoba Gazette of any Notice in Gasuch action as aforesaid the then existing council of the municipality and all officers thereof shall be deemed to be retired from office and be no longer qualified to act for or on behalf of the municipality, or to exercise any of the functions, powers and authority vested in councils and municipal officers by "The Municipal Act," "The Assessment Act" or any other Act or Acts of the Legislature of this Province.

zette.

ministrator.

(2) From and after the time when the appointment of the Powers of adadministrator shall become effective, as aforesaid, and he shall have assumed the duties of office, such administrator, subject to the provisions hereinafter contained, shall have, possess, enjoy, and may exercise, all the powers and authority of a municipal corporation duly constituted and acting under legislative authority, and be subject to all the restrictions and responsibilities attached thereto.

empowered to

etc. from of

(3) The administrator shall have power and authority to Administrator demand and receive from the proper officer or officers of the demand books, municipality all moneys, books, assessment rolls, tax rolls, ficers of muniby-laws, papers and documents of every nature and kind, the cipality. property of or relating to the affairs of the municipality in their possession or under their control. Any person failing or refusing to forthwith comply with any such demand of the administrator shall be liable on conviction by a justice of the peace to a fine of not less than $30 and to imprisonment for any term not exceeding three months.

antee.

(4) The administrator shall, before entering upon the per- Administrator formance of his duties, furnish and deposit with the Municipal to give guarCommissioner security by guarantee bond for such amount as may be determined by the said Municipal Commissioner for the due and faithful performance of his duties.

to consult with

(5) In his administration of the affairs of the municipality, Administrator and prior to the making of any expenditure, or the incurring and to be guided of any liability on account of the municipality, the administrator by Municipal shall consult with and be guided by the advice and directions of the Municipal Commissioner.

Commissioner.

(6) All moneys received by the administrator on account of Disposition of the municipality in any manner, or for whatsoever purpose, ceived by ad

moneys re

ministrator.

Coupons for interest.

Section 421A amended.

Manage, etc., a fire department.

Section 422 repealed and a new section substituted.

Limit of rate in cities, towns and villages.

Section 499 amended.

Paragraph (b)

of section 580 amended.

Paragraph (p) of section 581 amended.

Section 667 amended.

Section 668 amended.

debt is payable, and in such case there shall be issued one or more debentures for each annual instalment of principal, and each of such debentures shall have coupons attached thereto for payment of the interest, annually or semi-annually, as the by-law may provide, on the principal sum secured by such debenture during the currency thereof.

9. Section 421A of said Act, as enacted by section 8 of chapter 43 of 5 George v, is hereby amended by adding the following paragraph to sub-section (14) thereof:

(d) manage, control, regulate and maintain a fire department for the purposes of the district.

10. Section 422 of said Act, as amended by section 9 of chapter 43 of 5 George v, is hereby repealed and the following substituted therefor:

422. In cities, towns and villages the rate to be levied in each year shall be a sum sufficient to pay all the debts thereof, whether of principal or interest, falling due within the year, but shall not exceed in any year more than two cents on the dollar on the assessed value of the whole of the rateable property within any such city, town or village according to the last revised assessment roll thereof, exclusive of school, Municipal Commissioner and local improvement rates.

11.

Section 499 of said Act is hereby amended by striking out the word "resident" in the second line thereof.

12. Paragraph (b) of section 580 of said Act is hereby amended by adding the following paragraph after paragraph (bb) as enacted by section 13 of chapter 43 of 5 George v.

(bbb) for making grants in aid or for the support of the Boy Scout movement within or without the municipality.

13. Paragraph (p) of section 581 of said Act, as enacted by section 10 of chapter 66 of 4 George v, and amended by section 14 of chapter 43 of 5 George v, is hereby further amended by striking out the word "seven" in the twenty-second line thereof and substituting therefor the word "ten."

14. Section 667 of said Act is hereby amended by striking out the words "in the manner and at the place or places to be by them directed by by-law passed by each" in the fourth, fifth and sixth lines thereof.

15. Section 668 of said Act is hereby amended by inserting the words "as to the manner and place or places at which such bridge or bridges shall be constructed and" after the word "as" in the third line thereof, and by inserting the words "all and singular the said matters and" after the word "determine" in the seventh line thereof, and by inserting the words "or bridges" after the word "bridge" in the tenth line thereof.

16. The last two preceding sections shall not apply to the Winnipeg and cities of Winnipeg and St. Boniface.

to.

17. This Act shall come into force on the day it is assented

St. Boniface not affected by two preceding sections.

« EelmineJätka »