R.S.S. set off against the amount recovered, and the balance due to Procedure on writs of execution in sheriff's hands Copy writ to be delivered to city clerk Execution rate Sheriff's precept to city treasurer Levy of special rate Surplus EXECUTIONS AGAINST CITIES. 526. Any writ of execution against a city may be indorsed with a direction to the sheriff of the judicial district in which the city is, to levy the amount thereof by rate and the proceedings thereon shall be as follows: 1. The sheriff shall deliver a copy of the writ and indorsement to the city clerk with a statement in writing of the amount required to satisfy such execution, including the amount of interest calculated to some day as near as is convenient to the day of the service, and sheriff's fees; 2. If the amount, with interest thereon from the day mentioned in the statement, is not paid to the sheriff within thirty days after such delivery, the sheriff shall examine the assessment roll of the city and shall, in like manner as rates are struck for general city purposes, strike a rate sufficient in the dollar to cover the amount claimed as aforesaid with such addition to the same as the sheriff deems sufficient to cover the interest, his own fees and the collector's percentage up to the time when such rate will probably be available; 3. The sheriff shall thereupon issue a precept under his hand and seal of office directed to the city treasurer and shall annex thereto the roll of such rate, and shall by such precept, after reciting the writ and that the city has neglected to satisfy the same and referring to the roll annexed to the precept, command the city treasurer to levy such rate at the time and in the manner by law required in respect of the general annual rates; 4. At the time for levying the annual rates next after the receipt of such precept, the city treasurer shall add a column to the tax roll headed: "Execution rate in A. B. versus the city of (as the case may be)," adding a similar column if there are more executions than one, and shall insert therein the amount by such precept to be levied upon each person respectively, and shall levy the amount of such execution rate as aforesaid, and shall, within the time that he is required to make the returns of the general annual rate, return to the sheriff the precept with the amount levied thereon, deducting his percentage; 5. The sheriff shall, after satisfying the execution and all fees thereon, return any surplus within ten days after receiving the same to the city treasurer for the general purposes of the city; treasurer's 6. In case the treasurer of any city against which an City execution is issued is not paid by percentage, he shall be paid percentage for such collections a sum not exceeding two and one-half per centum ; treasurer 7. The city clerk, the treasurer and the assessor shall, for City clerk, the purpose of carrying into effect or permitting or assisting and assessor the sheriff to carry into effect the provisions of this Act with court respect to such execution, be deemed to be officers of the court from which such writ issued, and as such may be proceeded against by attachment, mandamus or otherwise to compel them to perform the duties hereby imposed on them. R.S.S. 1909, c. 84, s. 406, amended. be paid to 527. A penalty or fine under any bylaw of the city shall, Penalty to if no other provision be made respecting it, belong to the city the city for the public use of the same and form part of its general revenue. (2) In the event of any person being committed to gaol Expenses of by reason of a breach of a city bylaw there shall be chargeable to the city such part of the expenses paid by the province for the transport of such person to gaol, and for his maintenance while there, as may be designated by the Lieutenant Governor in Council. R.S.S. 1909, c. 84, s. 407, amended. PART XV. Penalties. 528. The council may by any bylaw: 1. Impose a penalty not exceeding $100 exclusive of costs for breach of any provision of a bylaw; 2. Enact that, in case the conviction be for the nonpayment of a license fee payable to the city under the provisions of a bylaw, the convicting justice may adjudge payment thereof in addition to the penalty. R.S.S. 1909, c. 84, s. 408, amended. Amount of penalty, etc. 529. Such penalty, or penalty and license fee, as the case Recovery may be, may, unless other provision is specially made in respect thereof, be recovered and enforced with costs by summary conviction before a police magistrate or justice of the peace having jurisdiction in the city, and upon default of payment the person convicted may be committed to gaol or to the guardroom of the Royal North-West Mounted Police force, or to a public lockup for any time determined by the said police magistrate or justice, not exceeding thirty days and with or without hard labour, unless such penalty, or penalty and license fee, as the case may be, and costs, including the costs of the committal and of the conveyance of the person convicted to the said gaol, guardroom or lockup, are sooner paid. R.S.S. 1909, c. 84, s. 409; 1912-13, c. 27, s. 40; amended. Inquiry by government Inquiry by judge PART XVI. Miscellaneous. GOVERNMENTAL COMMISSION OF INQUIRY. 530. In case one-third of the members of the council, or one-fourth of the electors of the city, petition the Lieutenant Governor in Council for a commission to issue under the great seal to inquire into the financial affairs of the city, the Lieutenant Governor in Council may issue a commission accordingly; and the commissioner or commissioners shall have all the powers of commissioners appointed under An Act respecting Inquiries concerning Public Matters. R.S.S. 1909, c. 84, s. 410. JUDICIAL COMMISSION OF INQUIRY. 531. In case the council passes a resolution requesting a judge to investigate any matter mentioned in the resolution and relating to an alleged malfeasance, breach of trust or other misconduct on the part of a member of the council, commissioner or other officer, servant or agent of the city, or of any person having a contract therewith, in relation to the duties or obligations of such person to the city; or in case the council sees fit to cause inquiry to be made into or concerning any matter connected with the good government of the city or the conduct of any part of the public business thereof, and passes a resolution requesting a judge to make inquiry, the judge shall inquire into the same and he shall for that purpose have all the powers which may be conferred upon commissioners under An Act respecting Inquiries concerning Public Matters; and the judge shall, with all convenient speed, report to the council the result of the inquiry and the evidence taken thereon. (2) The judge holding such investigation shall be entitled to receive, and shall be paid, the same fees as an arbitrator is entitled to receive under section 371 hereof. (3) The council requesting any such investigation may engage and pay counsel to represent the city therein and may pay all proper witness fees to persons summoned to give evidence at the instance of the city; and any person charged with malfeasance, breach of trust or other misconduct or whose conduct is called in question on such investigation may be represented by counsel thereon. R.S.S. 1909, c. 84, s. 411, amended. by committee 532. The council may at any time by resolution appoint Investigation a committee of its members to investigate any charge which of the may be made against any employee of the city, and the com-council mittee so appointed may summon such employee before it to answer the charge, and shall have power to summon witnesses and to take evidence under oath, and may pay all proper witness fees to persons summoned to give evidence, and the committee shall report the result of its inquiry to the council. R.S.S. 1909, c. 84, s. 412. 533. Subject to the provisions of The Arrears of Taxes Act, the following enactments are hereby repealed: The Revised Statutes of Saskatchewan 1909, c. 84. 1 George V, 1910–11, c. 18. 2 George V, 1912, c. 26. "Hawker" Section 15 amended New section 22a H' 1915 CHAPTER 17 An Act to amend The Town Act. [Assented to June 24, 1915.] IS Majesty by and with the advice and consent of the 1. The Town Act, being chapter 85 of The Revised Statutes of Saskatchewan 1909, is amended by striking out article 20 of section 2 and substituting therefor the following: "20. 'Hawker' or 'pedler' means and includes any person who (being a principal or any agent in the employ of any person) goes from house to house selling or offering for sale any goods, wares or merchandise, or carries and exposes samples or patterns of any goods, wares or merchandise for purchase and sale by such sample or pattern, cuts or blue prints, and upon the understanding that such goods, wares and merchandise are to be afterwards delivered in the town to any person who is not a wholesale or retail dealer in such goods, wares or merchandise, or who sells such goods, wares or merchandise upon the streets, but shall not mean or include any person selling by retail meat of his own killing, fish of his own catching, or fruit or farm produce of his own production, or the bona fide servant or employee of any such person having written authority to sell." 2. Section 15 of the said Act is amended by striking out the word "elected" where it occurs in the second line of the second proviso. 3. The said Act is amended by inserting therein immediately after section 19 the following: "19a. The Lieutenant Governor in Council may from time to time alter the name of any town upon the petition of the council and notice of such alteration shall be published in The Saskatchewan Gazette; and in such case the seal heretofore used by such town shall continue to be the seal thereof until changed by the council. "196. No change in the name of any town made in accordance with the provisions of the next preceding section shall affect any obligation, right, action or property incurred, established, done or acquired prior to such change.' 4. The said Act is amended by inserting therein as section 22a the following: |