Of the council. Composition 2. Enter into contracts, transact, bind and oblige itself and others to itself within the limits of its functions; 3. Sue and be sued in any cause and before any court of justice; 4. And generally exercise all the powers vested in it or which are necessary for the accomplishment of the duties imposed upon it. I OF THE COUNCIL. XIX. The corporation shall be represented by its council; its powers are exercised and its duties dis charged by such council and its officers. 1. Composition of the Council. XX. The municipal council shall be composed of a of the council. mayor and of the number of councillors fixed by the charter elected in the manner hereinafter prescribed. Election of mayor. Term of office. Provision proper to member of XXI. The mayor shall be elected for one year, and the councillors for the period fixed by the special Act. XXII. The term of the office of mayor shall end at the opening of the first general or special session of the council held after the annual general elections The same rule shall apply to the councillors retiring from office at the time of such elections. XXIII. In all cases the mayor or any councillor elected to replace another, shall remain in office only during the remainder of the time for which his predecessor was elected. 2. Provisions proper to Members of the Council. XXIV. Every member of the council, so soon as he is appointed, shall make oath well and faithfully to the council. discharge the duties of his office. Oath of offcer. The oath of office of the councillors and of the mayor may be taken before a justice of the peace, or before the mayor in office for the time being, and an entry thereof shall be made in the book of the proceedings of the council. A A member of the council shall not enter upon the discharge of his duties, until he has taken the oath of office. take oath. XXV. The ommission during fifteen days on the part omission to of any member of the council to take the oath required for the office to which he has been appointed, shall constitute a refusal to accept such office, and render him. subject to the penalties prescribed in such case. XXVI. The councillors shall not receive any salary, Councillor to profit or indemnity, in any shape whatsoever for their receive no services. salary. ties. XXVII. The members of the council shall be unable Nor be sureto hold any subordinate office under the council of which they are members, nor shall they be sureties for the performance of the duties attached to such office. perform XXVIII. Any person appointed to the office of mayor Penalty for or of councillor, who illegally refuses to accept such persing to office or to continue to perform the duties thereof, shall duties. incur a penalty of thirty dollars for the office of mayor and twenty dollars for the office of councillor. XXIX. A member of council shall be deemed to have Two months refused to continue to perform the duties of his office neglect. when he, for two months, shall refuse or neglect without, in the opinion of the council, reasonable cause to discharge the duties of such office. "perform throug ab illness. XXX. Any member who refuses to accept the office, If unable to or to continue to perform the duties of the office to which duties he has been appointed in the council, or who is unable sence or to perform such duties for three consecutive months, through absence, illness, infirmity, or otherwise, may at any time, until the vacancy caused by his refusal or incapacity to act be filled up, resume his duties and perform the same, if he is able to do so, without prejudice in any case to the costs of proceedings instituted against him, in the event of any such proceedings having been instituted. such person. XXXI. No vote given by a person filling illegally, the vote given by office of member of the council, and no act in which he participates in such quality, shall be set aside solely by reason of the illegal exercise of such office. Mayor to exercise right of superintendence. To sign in the name of the council. To read all communications to council. To furnish information to Lieut. Governor. Mayor to be ex-officio justi ce of the peace. XXXII. The mayor shall exercise the right of superintendence over all the officers of the municipality, shall see to the faithful and impartial execution of all municipal ordinances and by-laws, and communicate to the council any information and suggestions which he may consider conducive to the interests of the municipality or its inhabitants. XXXIII. He shall sign, seal and execute, in the name of the council, all debentures, contracts, agreements or deeds made and passed by the corporation, unless the council provide otherwise. XXXIV. It shall be his duty to read to the council, in session, all circulars or communications addressed to himself or the council by the Lieutenant-Governor or by the Provincial Secretary, and, if it be required by the council or by the Lieutenant-Governor, to make them public in the municipality, in the manner required for public notices. XXXV. He shall be also bound to furnish to the Lieutenant-Governor, on demand, all information concerning the execution of the municipal law, and all other information which it may be in his power to give with the concurrence of the council. XXXVI. The mayor shall be ex-officio without other qualification, and without being obliged to take the oath prescribed for such office, justice of the peace within the limits of the municipality so long as he continues in office. He shall be incompetent to hear and decide all cases. in which the corporation or its officers are interested. parties. II. OF ALL PERSONS BOUND TO ACCEPT MUNICIPAL Persons bound to 1. Of persons bound to accept Municipal Offices. XXXVII. Every male resident of full age in a accept muni- municipality, not declared disqualified by a provision cipal offices. of of this Act, shall be capable of discharging a municipal office. XXXVIII. Whosoever is capable of discharging any municipal office in the municipality, and is not exempted from so doing, shall be bound to discharge such office, if he is thereunto appointed, and to perform all the duties thereof, under the penalties prescribed by law. No one, however, shall be bound to accept or to continue in the discharge of the office of secretarytreasurer. 2. Of persons disqualified for Municipal Offices. XXXIX. The following persons shall not be appoint- Persons dis ed or to fill municipal offices: 1. Minors; 2. Persons in Holy orders, and the ministers of any religious denomination; 3. Members of the privy council; 4. The judges of the supreme court, of the court of the court of Queen's Bench, of the county court, district or police magistrates and sheriffs; 5. Officers on full pay of Her Majesty's army or navy, and the officers or men of the Provincial or local police force; 6. Keepers of taverns, hotels or houses of public entertainment, or persons who have acted as such within the twelve preceding months. XL. Whosoever has no domicile or place of business in a town, shall be incapable of exercising any of the municipal offices of such town. XLI. No person receiving any pecuniary allowance or other consideration from the corporation for his services, or having, directly or indirectly, by himself or his partner, any contract or interest in any contract with the corporation, shall be appointed a member of the council of the said corporation or act as such. Nevertheles qualified for municipal offices. Shareholder in any corpo not be disqualified. Nevertheless a shareholder in any incorporated ration shall company, which has any contract or agreement with any corporation, shall not be disqualified from acting as a member of the council of such corporation. Word contract." Who may be The word "contract" used in the first provision of this section does not extend to any lease, nor to any sale or purchase of lands, nor to any loan of money, nor to any agreement respecting any of these Acts. XLII. No person shall be elected mayor or councillor, or councillor. or fill either of these offices; unless elected mayor Who may not be. Disqualifications. 1. He be of the male sex, of full age, and a subject of Her Majesty by birth or naturalization; 2. He can read and write; 3. He has had his domicile or place of business, within the limits of the town during the year preceed ing the election; and 4. He has possessed therein, for at least twelve months, as proprietor in his own name or in that of his wife, real estate of the value of one thousand dollars, for the office of mayor, and five hundred dollars for that of councillor. XLIII. The person who de facto presides at any municipal election shall not be elected as mayor or councillor at such election. LXIV. No person surety for any secretary-treasurer shall be a member of the council of which such secretary-treasurer is the officer, before he is freed from all obligations to the corporation arising from his bond as surety. XLV. Other disqualifications relative to certain municipal offices, are prescribed in the provisions respecting these offices. XLVI. Whoever has been appointed to any municipal office for which he becomes disqualified during his exercise of such office, shall give without delay, at the office of the council, a notice alleging the reasons of its disqualification and tendering his resignation. |