180. Every by-law shall be under the seal of the corpora- By-laws to be tion and shall be signed by the head of the corporation or by under seal, etc. the person presiding at the meeting at which the by-law has been passed and by the clerk of the corporation. 181. A copy of any by-law, written or printed, without Proof of. erasure or interlineation, and under the seal of the corporation and certified to be a true copy by the clerk and by any member of the council, shall be deemed authentic, and be received in evidence in any court of justice without proof of the seal or signatures, unless it is specially pleaded or alleged that the seal or one or both of the signatures have been forged. of by-law what 182. Every promulgation of a by-law shall, when deemed Promulgation necessary by the council passing the same, which shall be to consist in. signified by containing such direction in said by-law, consist in the publication, through the public press, of a true copy of the by-law and of the signature attesting its authenticity, with a notice appended thereto of the time limited by law for applications to the court to quash the same or any part thereof; and the publication aforesaid shall be in a public newspaper published within the municipality, or if there be no such newspaper, then in a public newspaper published in the Province; and the publication shall, for the purpose aforesaid, be continued in at least one number of such paper each week for three successive weeks. 183. The notice to be appended to every copy of the Notice. by-law for the purpose aforesaid shall be to the effect following: NOTICE. The above is a true copy of a by-law passed by Form of. the municipal council of on the day of 18 ; and all persons are hereby required to take notice, day of G. H. 184. In case no application to quash any by-law is made Application to before the end of the Term next after the third publication of made within a quash to be time limited. Taxes to be considered due such by-law and notice as aforesaid, the by-law or so much thereof as is not the subject of any such application, or not quashed upon such application, so far as the same ordains, prescribes or directs anything within the proper competence of the council to ordain, prescribe or direct, shall, notwithstanding any want of substance or form, either in the by-law itself or in the time and manner of passing the same, be a valid by-law. 185. The taxes or rates imposed or levied for any year from 1st Jan. shall be considered to have been imposed and to be due on and from the first day of January of the then current year and end with the thirty-first day of December thereof, unless otherwise expressly provided for by the enactment or by-law under which the same are directed to be levied. Offence against bylaws, how tried. Recovery and enforcement 186. In case any offence is committed against a by-law of a council, for the prosecution of which offence no other provision is made, any justice of the peace having jurisdiction in the locality where the offender resides or where the offence was committed, whether the justice is a member of the council or not, may try and determine any prosecution for the offence. 187. Every fine and penalty imposed by or under the of penalties. authority of this Act may, unless where other provision is specially made therefor, be recovered and enforced with costs by summary conviction before any justice of the peace for the county or of the municipality in which the offence was committed, and in default of payment the offender may be committed to the common jail, house of correction, or lock-up house of such municipality, there to be imprisoned for any time in the discretion of the convicting justice, not exceeding, (unless where other provision is specially made) thirty days, with or without hard labor, unless such fine and penalty and costs, including the costs of the committal, are sooner paid. Penalties imposed by by-laws. How levied. Commitment 188. The justice or other authority before whom a prosecution is had, for an offence against a municipal by-law, may convict the offender on the oath or affirmation of any credible witness, and shall award the whole or such part of the penalty or punishment imposed by the by-law as he thinks fit, with the cost of prosecution, and may by warrant, under the hand and seal of the justice or other authority, or in case two or more justices act together therein, then under the hand and seal of one of them, cause any such pecuniary penalty and costs if not otherwise paid, to be levied by distress and sale of the goods and chattels of the offender. 189. In case of there being no distress found, out of which in default. the penalty can be levied, the justice may commit the offender to the common jail, house of correction, or nearest lock-up house, for the term, or some part thereof, specified in the by-law. applied. 190. Unless otherwise provided, when the pecuniary Fines, how penalty has been levied under this Act, one moiety thereof shall go to the informer or prosecutor, and the other moiety to the municipal corporation, unless the prosecution is brought in the name of the corporation, in which case the whole of the pecuniary penalty shall be paid to the corporation. witness. 191. Upon the hearing of any information or complaint Who may be a exhibited or made under this Act, the person giving or making the information or complaint shall be a competent witness, notwithstanding such person may be entitled to part of the pecuniary penalty on the conviction of the offender, and the defendant, and the wife or husband of such person opposing or defending, shall also be competent witnesses; and all the said persons shall be compelled to give evidence on such hearing, Ratepayers, competent 192. In any prosecution, suit, action or proceeding in any members, etc., civil matter to which a municipal corporation is a party, no of corporation, ratepayer, member, officer or servant of the corporation shall, witnesses. on account of his being such, be incompetent as a witness; but they and every of them, shall be liable to challenge as a juror, May be chalexcept where the corporation, the party to such prosecution, jurors. suit, action or proceeding, is a municipality. lenged as witnesses to 193. In prosecuting under any by-law, or for the breach of Compelling any by-law, witnesses may be compelled to attend and give attend. evidence in the same manner, and by the same process as witnesses are compelled to attend and give evidence on summary proceedings before Justices of the Peace in cases tried summarily, under the statutes now in force, or which may be hereafter enacted. CONVICTIONS UNDER BY-LAWS. viction under 194. It shall not be necessary in any conviction made Form of conunder any by-law of any municipal corporation, to set out the By-laws. information, appearance or non-appearance of the defendant, or the evidence or by-law under which the conviction is made, but all such evidence may be in the form following: A. B. is convicted before the undersigned, one of Her Majesty's justices of the peace in and for the said county or Province, for that the said A, B, (stating the offence, and time and day of A. D. passed place, and when and where committed), contrary to a certain the day of ) for the space of Given under my hand and seal, the day and year first above written at in the said county. , J. M.. [L. S.] J. P. EXECUTION AGAINST MUNICIPAL CORPORATIONS. Proceedings on executions 195. Any writ of execution against a municipal corporaagainst muni- tion may be endorsed with a direction to the sheriff to levy cipal corpora- the amount thereof by rate, and the proceedings thereon shall then be the following: tions. Sheriff to deliver copy of writs and statement to treasurer. If claim not paid sheriff to strike rate. (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 that officer, with a statement in writing of the sheriff's fees, and of the amount required to satisfy such execution, including in such amount the interest calculated to some day as near as is convenient to the day of the service; (2.) In case the amount, with interest thereon from the day mentioned in the statement, is not paid to the sheriff within one month after the service, the sheriff shall examine the assessment rolls of the corporation, and shall in like manner as rates are struck for general municipal purposes, strike a rate sufficient in the dollar to cover the amount due on the execution, with such addition to the same as the sheriff deems sufficient to cover the interest, his own fees, and the treasurer's per centage, up to the time when such rate will probably be available. to treasurer. (3.) The sheriff shall thereupon issue a precept or precepts, Sheriff's under his hand and seal of office, directed to the treasurer precept of the corporation, and shall annex to every such precept the roll of such rate, and shall by such precept after reciting the writ, and that the corporation had neglected to satisfy the same, and referring to the roll annexed to the precept, command the treasurer to levy or cause to be levied, 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 Rate rolls. receipt of such precept, the treasurer shall add a column to the tax roll, headed "Execution rate in A. B. vs. the Municipality." (or as the case may be, adding a similar column for each execution if more than one), and shall insert therein the amount by such precept required to be levied upon each person respectively, and shall levy the amount of such execution rate as aforesaid, and said 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. (5.) The sheriff shall, after satisfying the execution and all Surplus. fees thereon, return any surplus, within ten days after receiving the same, to the treasurer, for the general purposes of the corporation. be officers of respect of 196. The clerk, assessors and treasurer of the corporation Clerk, etc., to shall, for all purposes connected with carrying into effect, or the court in permitting or assisting the sheriff to carry into effect, the pro- proceedings. visions of this Act, with respect to such executions be deemed to be officers 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 them to perform the duties hereby imposed upon them. members with void. 197. In case a member of the council of any municipality, Contracts by either in his own name or in the name of another, and either corporation alone or jointly with another, enters into a contract of any kind, or makes a purchase or sale in which the corporation is a party interested, and which is on that account void or voidable in equity, the same contract, purchase or sale, shall also be held void in any action at law thereon against the corpora tion. STATUTE LABOR. sons exempt. 198. No person in Her Majesty's naval or military service Certain perin full pay, or on actual service, no clergyman or school teacher actually engaged in their profession, shall be liable to perform statute labor or to commute therefor; nor shall any non |