By-laws enacted

under their provisions

to remain in force until

others are passed.

enacted under any of the provisions of the said recited Acts or any of them, and in force in any Municipality at the time of the passing of this Act, shall remain and continue in full force and effect until another By-law having relation to the same subject matter shall be enacted by the proper authority in that behalf, under the provisions of this Act.

INDEX.

ADMINISTRATION OF JUSTICE.

Coroners.

Appointment of, for City or Town, 241.

By whom understood to be made, 241. (a)

Executions against Municipal Corporations.

Proceedings thereon, 252, 253.

How endorsed, 253. (b)

Creditor has no right to resort for payment to private property of
inhabitants, 252. (a)

Sheriff to deliver copy of writ and statement of claim to Treasurer,
253.

Direction of proceedings in case of writ to be endorsed to levy by
rate, 253. (d)

When rate to be struck by Sheriff, 254.

Rate to be sufficient; no provision for striking a second rate,
254. (e)

Sheriff's precept to Collector, &c., to levy rate, 254.

Manner in which this is done, 254. (ƒ)

Rate rolls, 254.

Duties of Collectors under Sheriff's precept, 255. (g)

Surplus over execution, &c., to be paid over to Treasurer, 255.
Clerk, Assessors and Collectors to be officers of the Court from
which writ issues, 255.

Importance of this clause, 255. (i)

See CORONERS-JUSTICE OF PEACE-PENALTIES.

AGRICULTURAL SOCIETIES-By-law to aid, 291.
Property of, when exempt from taxation, 525.

ALMS-HOUSES-Exempt from taxation, 525.
Establishment of, By-law for, 378.

New evidence on, admissibility of, discussed, 583.

Right of, discussed, 576. (r)

See DRAINAGE.

APPEAL FROM COURT OF REVISION.

Appeal from Court of Revision for omission to hear complaint, 693.

Service of notice of appeal, 693.

Day for hearing, 693.

Clerk to notify parties, 693.

APPEAL FROM COURT OF REVISION-(continued).

List of appellants, &c., to be posted up by Clerk, 693.
Clerks of Court, 693

Hearing and adjournment, 693.

Powers of Judges sitting in appeal from Court of Revision, 693.
Style of proceedings, 694.

Form of, 694.

Costs, how collected, 694.

What costs chargeable, 694.

Schedule B to Assessment Act, amended, as to giving notice of appeal,

694.

See COURT OF REVISION.

APPEAL FROM CONVICTION FOR SELLING LIQUOR.

When and how to be had, 786.

See LICENSES-TAVERNS.

APPORTIONING COUNTY RATES, 597.

APPRENTICES-By-law to prevent sale of liquor to, 327.
ARBITRATIONS.

Mode of appointment of Arbitrators, 220-223. (c)

Practical difficulty as to, and remedy suggested, 223. (a)
By-law of Council authorizing appointment by head of Council,
223. (b)

Notice of appointment, 223. (d)

Third arbitrator to be chosen, 224.

Meaning of the word "choose,” 224. (ƒ)

When two or more Municipalities interested, 224.

In case of arbitrators disagreeing, 224 (g), 225 (j)
Power of husband to bind his wife, as to, 255. (i)
Proviso in case of neglect to appoint, 225.

As to Roads and Drainage.

Provision if owner of property fails to name arbitrator, 226.
Duty of owner and Council, 226. (m)

Where several parties are interested in the same property, 226.
County Judge to appoint an arbitrator in certain cases, 227.
Provision when arbitrator refuses to act, &c., 227.

Nomination should be in writing, 227. (v)

Time for making award, 228.

Cessation of authority of arbitrator, 228. (b)

Persons disqualified from acting as arbitrators, 228.

Corrupt conduct on the part of an arbitrator will vitiate award,

228. (c)

Procedure.

Oath of arbitrator, and when to be taken, 228, 228 (d)

Form of oath, 229.

Time of meeting, 229.

Power and duty of arbitrator, 229 (ƒ), 229 (g)

Award should be in writing, 229. (h)

Award in case of drains to be in duplicate, and filed, 229.

Proof of award, 229. (i)

In case of difference between arbitrators, majority to decide, 230.

Costs of arbitration, 230.

Power of arbitrator to award costs, 230. (k)

ARBITRATIONS-(continued).

Court will not review discretion as to amount of costs fixed by
arbitrators unless excessive, 230. (1)

Arbitrator may award without fixing amount of costs, 230. (m)
Right of either party to have taxation of costs revised, 230. (0)
Execution of an award by several individuals, 230. (p)

Notes of the evidence to be taken and filed, in arbitrations to which
section 293 of Municipal Institutions Act applies, 231.

Form of agreement that section 293 shall apply, 231. (r)

Grounds of decision, &c., to be stated in writing, 231.

The duties of arbitrators where section 293 of Municipal Institu-
tions Act applies, 231. (s)

Award, when to be binding, 231.

To be adopted by By-law within a certain time in certain cases,
231, 232. (t)

Award to be made by at least two arbitrators, 232.

And subject to superior Courts as on a submission, 232.
Powers of Courts in awards under section 293, 232.

Submissions that might be made rules of Court formerly, 232 (u)
ARBITRATOR-Where several Townships interested in road, 443.
See ARBITRATION-DRAINAGE.

AREA.

Of Municipalities, enlargement of, 11.
How population reckoned, 11.

Of Villages, reduction of, 13.

ARMY.-See OFFICERS.

ARREARS OF TAXES.-See SALE OF LAND FOR TAXES.

ARREST-For breaches of peace not committed in presence of magistrate or
constable, 270. (i)

ARTS, BOARD OF-By-law to aid, 291.

ASHES.

By-law to regulate removal and keeping, 359.
Deposit of, in Police Villages, 499.

ASSESSMENT.

Meaning of word "lands," &c., 514.

Definition by Legislature for taxation, 514. (d)
"Personal property," &c., meaning of, 515, 516. (e)
'Property," meaning of, 517.

Property liable to Taxation, 519.

Taxes to be levied equally on ratable property, 519.
Tax and assessment, distinction between, 519. (1)

All property liable unless excepted, 520.

Exemptions from Taxation.

Bank stock, 527. (4)

Building Societies, 528.

Household effects, books, &c., 530.

Bed and bedding and necessary wearing apparel also exempt,

530. (*)

Income of farmers, 526.

ASSESSMENT—(continued).

Income under $400, 529.

Imperial naval or military pay, salaries, pensions, &c., 525.

Indian lands, 522. (c)

Minister's salary, 529.

Municipal property, 524, 524 (i)

Pensions under $200, 526.

Personal property of Governor, 525.

Reason of these exemptions, 525. (n)

Personal property secured by mortgage, or Provincial or Municipal
debentures, 527. (s)

Personal property equal to debts due, 528.

Personalty under $100, 529.

Places of worship, &c., 523, 523. (e)

Poor-houses, &c., 525.

Property belonging to Her Majesty, 521.

But occupant personally liable if occupied not officially, 522.
Property owned out of the Province, 528.

Property of officers on full pay, 526.

Exemptions, list of them, 526. (p)

Provincial penitentiary, 525.

Public educational institutes, 523. (ƒ)

Public roads, &c., 524.

Railroad stock, 528.

Rental of real estate, 529.

School houses, city hall, &c., 523.

List of public places exempted, 523. (g)

Scientific institutions, &c., 525.

Rates, how to be calculated, 530, 530. (a)
Priority of existing debentures, 531, (b)
Rates for, 531.

Application of such rates, 531. (d)

Rates for sinking funds, 532.

Rate of cent per dollar for debt to Consolidated Municipal Loan Fund,

532. (ƒ)

Estimates of expenses to be made yearly, 533. (h)

By-laws for raising money by rate, 535. (i)

Procedure when amount collected falls short, 336.

Estimates to be reduced proportionately, 536.

When sums collected exceed estimate, appropriation of balance, 536.
Yearly taxes to be computed from 1st January, 537. (0)

Division of Municipality into assessment districts, 538.

Effect of assessment against owner and occupant, 544. (n)

No ratepayers shall be counted more than once in returns, 545. (00)

When land occupied by more owners than one, 546.

When tenants may deduct taxes from rent, 546.

If lease contain no provision for taxes, 546. (s)

How properly estimated, 547. (v)

Proviso in estimating mineral lands, 547.

What deemed vacant land, and how valued in Cities, 548. (b)

When land not held for sale, but for gardens, 549.

Railway Companies to furnish certain statements to Clerks of Munici-
pality, 549.

Statement to be sent by Railway Company to Clerk, 549. (ƒ)

Clerk to communicate it to Assessor, 549.