Execution by issued pur suant to bylaw of abol the Acts passed in the fifty-second year of Her Majesty's 85. Whenever by the operation of the Act chaptered fiftyCommissioner five passed in the fifty-third year of Her Majesty's reign or of of debentures this Act a rural municipality has been abolished, and previous to such abolition a by-law or by-laws authorizing the issue of debentures has or have been duly passed, but such debentures have not been issued, the Municipal Commissioner may sign such debentures on behalf of, and affix thereto the seal of, such abolished municipality, and such debentures so signed and sealed shall be treated as if they had been duly issued by such abolished municipality. 54 V. c. 11, s. 15. ished munici pality subse quent to its abolition. H ER MAJESTY, by and with the advice and consent of the SHORT TITLE. 1. This Act may be cited as "The Municipal Commissioner's Short title. Act." ORGANIZATION. Municipal 2. There shall be a Department of the Civil Service of Department of Manitoba, to be called "The Department of the Municipal Commissioner. Commissioner," over which the Municipal Commissioner for Manitoba shall preside. 53 V. c. 51, s. 458. Appointment 3. The Lieutenant Governor in Council may appoint a of Municipal Commissioner. member of the Executive Council who shall be called "The Municipal Commissioner for Manitoba," and who shall have all necessary powers for the performance of the matters and duties assigned to him by this Act or by "The Municipal Act" or " The Assessment Act," or any other statute relating to the municipal institutions of the Province. 53 V. c. 51, s. 456, s-s. 1, part. Municipal Commissioner to be a corporation. appoint acting 4. The Municipal Commissioner for Manitoba shall be a body corporate and shall have all the rights and be subject to all the liabilities of a corporation, and by such name he and his successors shall have perpetual succession and the right to sue and be sued, implead and be impleaded, answer and be answered unto, in all Courts and in all causes, actions, suits and proceedings at law and in equity whatsoever, and shall have a seal with power to alter and modify the same at his will and pleasure, and the right to own in his corporate capacity real estate for the purposes of his office and of each Judicial District. 53 V. c. 51, s. 456, s-s. 1, part. Lieut. Gov. in 5. The Lieutenant Governor in Council may from time to Council mang time appoint any other member of the Executive Council as Municipal acting Municipal Commissioner, and in case of the absence Commissioner. or illness of the Municipal Commissioner such acting Muni Assistants. cipal Commissioner may perform all the duties and exercise all the powers of the Municipal Commissioner. 53 V. c. 51, s. 456, s-s. 2. 6. The Lieutenant Governor in Council may appoint all assistants and clerks necessary to enable the Municipal Commissioner to perform the duties assigned to him and provide for and pay his and their salaries and remuneration, and the running expenses in connection with the office of the Commissioner, out of the Consolidated Revenue Fund of the Security to be Province: and such assistants shall give such security for the performance of their duties and for accounting and paying over moneys received by them as shall be accepted by the Lieutenant Governor. 53 V. c. 51, s. 457. given. Q. B. officers to assist Municipal 7. The Municipal Commissioner may require the Prothonotary, or any Deputy Prothonotary or Deputy Clerk of the Commissioner. Crown and Pleas, or the sheriff of any Judicial District, to assist him in the transaction of any business in connection with the office of the Municipal Commissioner or the performance of the duties assigned him by this Act, and such officers shall for such purposes be deemed the officers of the Municipal Commissioner in their respective Districts. 53 V. c. 51, s. 459. JUDICIAL DISTRICT AND OTHER BUILDINGS. Commissioner district 8. It shall be the duty of the Municipal Commissioner to Municipal take possession and control of all County Court, registry office to control and Judicial District buildings, where used for Court and county and other purposes, and of all property connected therewith, and buildings. of all property hereafter required or obtained for such purposes and to provide for the care and maintenance of same. 53 V. c. 51, s. 460. to pay twelve annually to Western District. 9. The Municipal Commissioner shall pay annually to the Commissioner corporation of the City of Brandon, on behalf of the several per cent. municipalities in the Western Judicial District, an annual city of Bransum equal to twelve per cent. on the sum of seventy thousand don for dollars, being the cost of the court house and gaol property of Judicial such District, without any deduction or diminution of any kind whatsoever for set-off or otherwise; and the mayor and council of the City of Brandon yearly, and in every year during which the debentures issued to defray such cost shall remain unpaid, immediately upon the receipt by it of the whole or any part of the said annual sum so payable, as aforesaid, shall appropriate and set apart out of such payment a sum of money sufficient to pay all instalments of interest upon the debentures issued by the corporation of the Mayor and Council of the City of Brandon to provide the funds. to pay for said court house and gaol falling due during any such year, and a further sum equal to two per cent. on the amount of such debentures so remaining unpaid as a sinking fund to provide for the payment of said debentures when they shall become due and payable; and the said corporation of the City of Brandon shall be a trustee of such annual sum so payable by the said Municipal Commissioner for the purpose of providing for the payment of the interest and sinking fund as aforesaid. 47 V. c. 46, s. 2. interest to be trust. 10. The said sum so set apart for the payment of such Amount of interest shall not be used or appropriated for any other pur- deposited in pose, but shall be in due time transmitted to the bank or banking house where the interest upon said debentures is made payable, for the purpose of the payment thereof; and the amount so to be set apart as such sinking fund shall be invested in securities or deposited in trust in some chartered sinking fund. bank or corporation authorized to receive such deposits, to be held for the purpose for which such sinking fund has been provided. 47 V. c. 46, s. 3. Investment of Districts 11. Notwithstanding any of the provisions of this Act, New Judicial should there be any portion or portions of the said Western provided for. Judicial District hereafter set apart and constituted as a separate Judicial District or Judicial Districts, and a suitable court house and gaol with their appurtenances provided therefor, no Case of municipality house and gaol. such portion or portions so set apart from the Western Judicial District as at present constituted shall thereafter be liable to pay any sum, rent or percentage for the use of any court house and gaol property other than that which shall be provided and maintained for the use of any such Judicial District hereafter so to be constituted; but this section shall not in any way affect any debentures issued by the Western Judicial District Board. 47 V. c. 46, s. 5. 12. Where a municipality is the owner of a court house owning court and gaol, used by a Judicial District, the Provincial Treasurer shall, on a voucher being passed by the Municipal Commissioner, pay to such municipality such annual rent for such court house and gaol as is fixed by statute or as may be agreed upon between the Municipal Commissioner and such municipality. 53 V. c. 51, s. 461. Interest and sinking fund on court house and gaol debentures. 13. The municipalities within each Judicial District respectively shall be liable to pay annually to the Provincial Treasurer all sums necessary or required by the Municipal Commissioner for expenditure for interest on the debentures heretofore issued by the Judicial District Board of the District in connection with or for the purchase or erection of the gaol and court house of such District or the site thereof, or both, and for forming a sinking fund for the redemption of such debentures when the same may become payable. 53 V. c. 51, s. 462. Equalization of assessments. Apportion ment of district expenses. ASSESSMENTS UPON MUNICIPALITIES. 14. The Municipal Commissioner shall in each year equalize the assessments of the municipalities in each Judicial District. 53 V. c. 51, s. 463. 15. The Municipal Commissioner shall in each year, by certificate under his hand and seal, apportion the amount required for the District expenses of each Judicial District amongst the municipalities in such District upon the basis of the assessments so equalized; and the Municipal Commissioner shall cause to be transmitted by post on or before the first day of August in each year to the clerk of each such municipality a statement of the amount so required from the municipality; and the Municipal Commissioner shall also in like manner in each year, and upon the basis of such equalized assessments, apportion among the municipalities all sums County Court payable or required during such year for County Court. registry office and land titles district purposes, and transmit a statement of the amount required from each municipality to the clerk of such municipality within the time and in the manner above directed for District expenses. 53 V. e. 51, s. 464. and registry expenses. |