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my judgment and ability and that I had not either directly or inilirectly any share or interest whatever in any contract with, by or on behalf of such municipality during the year precedirig my appointment (except as auditor, if such be the cuse) and that I have not any contract with the said municipality except that of auditor for the present year. No. 8 of 1897, s. 282.

8 279. Every member of the council and the subordinate Oath of office officers of the municipality shall take the oaths of office and qualitication before some justice of the peace or notary public not being a member of the council and the justice of the peace or notary public shall give the necessary certificate of the same having been duly made and subscribed. No. 8 of 1897, s. 281.

how to be taken

PENAL CLAUSES.

280. If the secretary treasurer fails to furnish ballot boxes Penalties in manner herein provided he shall incur a penalty of $100 for every ballot box which he has failed to furnish in the manner prescribed. No. 8 of 1897, s. 285.

281. Any person who :
(a) Without due authority supplies any ballot paper to

any person; or
(b) Fraudulently puts into the ballot box any paper other
b

than a ballot paper which he is authorised to put

in; or
(c) Fraudulently takes out of the polling place any ballot

paper; or
(d) Without due authority destroys, takes, opens or other-

wise interferes with any ballot box or packet of bal

lots then in use for the purpose of the election; shall be guilty of an offence and on summary conviction thereof be liable to a fine not exceeding $200 and costs of prosecution. No. 8 of 1897, s. 286; No. 26 of 1898, s. 1 (44).

282. Any deputy returning officer, poll clerk, candidate or Offences at agent who interferes or attempts to interfere with any voter in marking his ballot or who marks or causes to be marked a ballot paper so as to defeat the intentions of the voter or who at any time communicates any information he may be possessed of as to the candidate or candidates for whom any vote has been given or who induces any person to display his ballot paper so as to niake known to himself or to any other person the manner in which he has voted or for or against whoni he has marked his ballot paper shall on conviction thereof in a summary way before two justices of the peace be liable to a tine not exceeding $100 and costs of prosecution or imprisonment not exceeding one year or both. No. 8 of 1897, s. 287.

elections

283. If any officer of the municipality refuses or neglects Neglect to perform any duty required of hin by this Ordinance he shall of duty on conviction threof be tined in a sum not exceeding $100 No. 8 of 1897, s. 288.

Penalties, how to be recovered

284. Every fine and penalty imposed by or under the authority of this Ordinance may, unless where other provision is specially made therefor, be recovered and enforced with costs of prosecution on summary conviction before any justice of the peace for the North West Territories notwithstanding such justice may be a member of the council or a ratepayer in the municipality interested in such prosecution ; and all such fines and penalties when recovered shall forin part of the general fund of the municipality wherein the same is imposed. No. 8 of 1897, s. 289.

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Bylaws providing penalties for offences

285. The council of every municipality may pass bylaws for inflicting reasonable fines and penalties not exceeding $100 exclusive of costs for breach of any of the bylaws of the municipality and for inflicting reasonable punishment by imprisonment with or without hard labour either in the lockup house of the municipality or in the nearest common gaol for any period not exceeding thirty days in case of nonpayment of the tine and costs inflicted for any such breach unless such fine and costs including the cost of committal are sooner paid; except for breach of any bylaw or bylaws passed for the suppression of houses of ill-fame for which the imprisonment may be for any period not exceeding six months in case of the nonpayment of the fines and costs unless such fines and costs including costs of committal are sooner paid. No. 8 of 1897, S. 291.

ACTIONS AGAINST MUNICIPALITIES.

Actions against municipalities

Remedy over

286. In case an action is brought against a municipal corporation to recover damages sustained by reason of any obstruction, excavation or opening in the public highway, street or bridge placed, inade, left or maintained by any corporation or by any person other than a servant or agent of the municipal corporation the last mentioned corporation shall have a reinedy over against the other corporation or person for, and may enforce payment accordingly of the dan ages and costs with any which the plaintiff in the action may recover against the municipal corporation:

Provided nevertheless that the municipal corporation shall only be entitled to the said remedy over if the other corporation or person shall be made a party to the action and if it shall be established in the action as against the other corporation or person that the damages were sustained by reason of an obstruction, excavation or opening av aforesaid placed, made, left or maintained by the other corporation or person; and the inunicipal corporation may in such action have the other corporation or person adıled as a party defendant or third party for the purposes hereof, if the same is not already a defendant in the action jointly with the municipal corporation, and the other corporation or person may defend such action as well as the plaintiff's claim as against the claim of the municipal corporation to a remedy over; and the court or judge upon the

trial of the action may order costs to be paid by or to any of the parties thereto or in respect of any clain set up therein as in other cases. No. 8 of 1897, s. 292.

287. The council of any municipality upon any claim being Tender or made or action brought for damages for alleged negligence on court

payment into the part of the municipality may tender or pay into court, as the case may be, such amount as they may consider proper compensation for the damages sustained and in the event of the nonacceptance by the claimant of such tender or the amount paid into court and the action being proceeded with and a verdict being obtained for no greater amount than the amount so tendered or paid into court the cost of suits shall be awarded to the defendants and set off against any verdict which shall have been obtained against them. No. 8 of 1897, s. 293.

SCHEDULE.

FORM A.

NOTICE FOR NOMINATION AT ELECTIONS.

NOTICE.

Municipality of Public notice is hereby given that a meeting of the electors of the municipality aforesaid will be held at (description of place) on (day of week) the day of 1 , from ten of the clock until noon of the said dav for the purpose of nominating

candidates for the offices of mayor (or reeve) and councillors for the said municipality for the next ensuing year. Dated under my hand at

this

day of

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G.H.,

Returning Officer

FORM B.

POLLING NOTICE AT ELECTIONS.

NOTICE.

Municipality of Public notice is hereby given to the electors of the municipality aforesaid that a poll has been granted for the election now pending for the said municipality and that such poll will be open on here insort svine day of the week as for nomination of the next following week) the

day of from the hour of nine of the clock in the morning till five of

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the clock in the afternoon at (describe the polling station or as the case may be) in each of the following polling divisions

that is to say :

For the polling division No. 1 (or other designation) consisting of (or bounded as follows or otherwise describing it clearly) at (describing the polling station and so continuing for all the other polling divisions and stations in the municipality).

And that I will at (describe the place) on (day of the week), the day of 1 at

o'clock in the

noon sum up the votes and declare the result of the election, Given under

my
hand at

this

day of 1

G. H., Returning Officer.

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Election of the Council for the Municipality of No. (if divided into polling divisions)

day of

Ward No. (if for a Ward), Polling Division

1

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N.B.This form to be adapted to circumstances.

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