Submission of by-law, conditions of. Amount petitioned for, payable. by-law for the purpose, to be passed in conformity with the provisions of this Act, and added to the previous existing debt, shall not in the whole exceed twenty-five cents per acre on the land actually alienated from the crown in the municipality. 126. Such by-laws shall be submitted only on a petition of one-fourth of the duly qualified resident voters under this Act, or upon the company or promoters of such railway depositing with the treasurer of the municipality such a sum as shall be amply sufficient to cover the expense of submitting such bylaw to the vote of the ratepayers. 127. Such by-laws shall provide for raising the amount so when and how petitioned for, repayable within twenty years by annual instalments of principal, with interest in the meantime payable yearly or half-yearly, and for the issue of debentures for such instalments and interest, and for delivery to the trustees of the debentures for the amount of such instalments with interest at the times and on the terms specified in the petition; which debentures the municipal council, and the mayor, reeve and other officers thereof, are hereby authorized to execute and issue in such case. Clerk not entitled to give casting vote. Three-fifths majority necessary to carry by-law. 128. Where the assent of the electors, or of the ratepayers, or any proportion of them, is necessary to the validity of a bylaw, the clerk or other officer shall not be entitled to give a ⚫ casting vote. Proceedings to obtain assent of electors. Time and place of voting. 129. To render valid a by-law of any municipality for granting a bonus in aid of a railway or for promoting any manufacture, or for taking stock in any railway company, or for lending money to such company, or for guaranteeing the payment of money borrowed, by any such company, or for lending money to any other company or person on condition of such company or person establishing or continuing a manufactory in or near such municipality, the assent shall be necesof three-fifths of the ratepayers voting on the by-law. sary 130. Any such by-laws as mentioned in sections 124 to 129 inclusive, shall require the assent of the electors whose names are on the assessment rolls being owners of real estate within the municipality, before the final passing thereof; and the following proceedings shall be taken for ascertaining such assent: (1.)The council shall, by a by-law, fix the day, hour and places for taking the votes of the electors on the by-law to be submitted to them at places designated, which shall be the same as those at which the last municipal election was held; and shall also name returning officers to take the votes at such places; and such day shall not be less than four weeks after the first publication of the proposed bylaws as herein provided for; by-law to be (2.) The council shall, before the passing of the proposed by- Particulars of law, publish such particulars thereof as are required by sections published. 133 and 138 of this Act in some newspaper published weekly or oftener in the municipality or in the province, but no more than one insertion each week shall be necessary; Manner of con (3.) At such day and hour a poll shall be taken, and all pro- ducting poll." ceedings thereat and for the purpose thereof, shall be conducted in the same manner, as nearly as may be, as at an election for mayor, reeve, warden and councillors under this Act; (4.) The returning officer shall, within three days after the Return of poll closing of the poll, return the poll-books verified to the clerk books. of the council; result of poll. (5.) The clerk of the council shall add up the number of Certificate of votes for and against the same, and shall certify to the council, under his hand, whether the required majority have approved or disapproved of the by-law; and he shall keep the same, with the poll books, among the records of his office; Where result (6.) In case of dispute as to the result of the vote, the judge disputed. shall have the same power for determining the question as he has in any case of a scrutiny of votes; (7.) The petition to the judge may be by any elector, or by the council; and the proceedings for obtaining the judge's decision shall be the same, as nearly as may be, as in the case of a scrutiny. Who may petition. voter. 131. If any person offering to vote on any such by-law is Challenge of challenged as being disqualified, by any legal voter, the returning officer shall require the party so offering to vote to take the following oath or affirmation, to be administered by such returning officer as follows: You swear (or affirm as the case may be) that you are the Oath of voter. person whose name is entered or intended to be entered on the list which I show you; that you are twenty-one years of age, a subject of Her Majesty by birth or naturalization, and possessed of real estate to entitle you to vote on this by-law under the provisions of the "Municipalities Act, 1883," that you have not before voted on this occasion, and have not received anything nor accepted any promise, directly or indirectly, to induce you to vote or to indemnify you for your loss, time or any service connected with the voting on this by-law, and that you have not been guilty of any act ofcorruption disqualifying you from now voting." By-laws for contracting debts. Construction, etc., of roads. Bridges, etc. Shares in certain companies Bonus. Endorsation of loan. Recitals in by-law. By-law heretofore passed with threefifths vote. 132. The council may, under the formalities required by this Act, pass by-laws for contracting debts by borrowing money or otherwise, and for levying rates for payment of such debts on the rateable property of the municipality : (a.) To assist, by money granted or lent, in the construction, repair or maintenance of any road leading to the municipality, or of any bridge or public work under the direction of the corporation of any other municipality; (b.) To aid in the construction of any bridge, causeway, pier, wharf, macadamized or gravel road, or other public work situated in whole or in part within the municipality or in its vicinity, to be undertaken and built by any incorporated company or person or under the authority of the county council or by the Provincial Government. (1.) By taking and subscribing for shares in any company formed for such purposes; (2.) By giving, by way of bonus, or lending money to such company or person or the Provincial Government; (3.) By guaranteeing, by endorsation or otherwise, any sum of money borrowed by such company or person, or for any purpose within the jurisdiction of the council, not otherwise provided for. 133. The by-law, amongst other things that may be necessary for its proper understanding, shall recite and enact : (1.) The object and amount of the proposed loan, issue of debentures, or other purpose of the by-law, together with the time or times of payment, not to exceed twenty years from the day on which it is to come into force; (2.) The amount of the already existing debt (if any); (3.) The amount of the whole rateable property of the municipality according to the last revised assessment roll; (4.) The amount required to be raised yearly for the payment of interest and to form a sinking fund for the payment of the debt when due; or to meet the instalments and interest (with or without sinking fund as may be necessary) or otherwise if the debt is so payable, and the day or time when the by-law shall take effect within the financial year in which it is passed. 134. Any by-law heretofore submitted for such assent which has received such three-fifths vote, shall, if the other require ments of law have been substantially complied with, be held to have been legally assented to; and proceedings to obtain a judge's certificate of the due passing thereof may be taken as herinafter provided, if the debentures authorized to be issued thereunder are in the possession or control of the municipality at the time of the passing hereof. part of loan 135. Where part only of a sum of money provided for by Where only a by-law has been raised, the council may repeal the by-law raised. as to any part of the residue and as to a proportionate part of the special rate imposed therefor, provided the repealing by-law recites the facts on which it is founded, and is appointed to take effect on the thirty-first day of December in the year of its passing, and does not effect any rates due, or penalties incurred before that day, and provided the by-law is first approved by the Lieutenant-Governor in Council. By-law creating debt not to 136. After a debt has been contracted, the council shall not, until the debt and interest have been paid, repeal the by-law be repealed. under which the debt was contracted, or any by-law for paying the debt or the interest thereon, or for providing therefor a rate or additional rate, or appropriating thereto the surplus income of any work or of any stock or interest therein, or money from any other source; and the council shall not alter a by-law providing any such rate, or so as to diminish the amount to be levied under the by-law, except in the cases herein authorized, and shall not apply to any other purpose any money of the corporation which, not having been previously otherwise appropriated by any by-law or resolution, has been directed to be applied to such payment; and no officer of the municipality shall neglect or refuse to carry into effect a by-law for paying a debt under colour of a by-law illegally attempting to repeal such first mentioned by-law, or to alter the same so as to diminish the amount to be levied under it. not required to in full. 137. Any by-law of an incorporated city, town or local Bonus by-law municipality for granting a bonus in aid of a railway, or of be published any local industry or work, or for any other purpose requiring the assent of the electors under the provisions of this Act, or of any special act of incorporation, or any other by-law for raising money by the issue of debentures and requiring publication, shall not hereafter be required to be published in full, but it shall be sufficient to give such particulars shortly stated as shall enable any person interested in the purpose thereof to become aware of the object and general terms and provisions thereof, including the amount proposed to be raised, the time of payment, the amount required to be levied in each year, the whole existing debt of the municipality, the amount overdue (if any) of principal or interest, the amount of its last assessment, the rate on the dollar levied thereon and the time and place for taking the votes of the ratepayers therein. Form of publication. 138. The following form for such publication or notice may purpose of aiding the construction of day of next (or instant) at (naming the place or places) under the provisions of the "Municipalities Act, 1883," (or as the case may be): The said by-law provides that the said debentures shall be payable in years, and that the rate to be levied for interest and sinking fund shall be on the dollar. The present debenture debt of the municipality is $ mills on which there is nothing overdue for principal or interest (or as the case may be), and its ratable property according to the last revised assessment roll is $ The said by-law, or a true copy thereof, is on file and can be seen in the office of the undersigned until the day of taking said vote. The further consideration of the by-law after taking of said vote is fixed for the day of at the council room in the town hall (or as the case may be) of the municipality, at o'clock in the forenoon. Legalizing money by procedure. Clerk of the Municipality of 139. Any municipality entitled to pass by-laws for the issue laws, mode of of debentures for any of the purposes contemplated by this Act and not on account of expenditures or payable within the current year, and whether such by-laws require to be voted upon or not (except in the case of by-laws and debentures in connection with court-house and gaol expenditure otherwise provided for), may, after the by-law has been finally passed, submit a certified copy thereof to the judge or acting judge of the county court of the judicial district in which the municipality is situated or to a judge of the Court of Queen's Bench, together with proof to the satisfaction of such judge, and such as he may require to be given of the due compliance on the |