Payment of expenses when person. Remuneration of auditor. Annual report of auditor. By-laws directing payment of 16 Whenever such audit, inquiry, inspection or examination is conducted by any person other than the said Auditor, the fees and expenses to be allowed for the same shall be determined by the Auditor subject to the approval of the AttorneyGeneral or other Minister, and shall thenceforth become a debt due such person by the municipal corporation, and shall be payable within three months after demand thereof at the office of the treasurer of the municipality. 17. The said Auditor shall not receive from any municipal corporation, or from any officer thereof, any fees or other remuneration for services rendered by him in the fulfilment of the duties of his office under this Act, and in lieu of all other fees, emoluments or expenses he shall be paid out of the consolidated revenue fund such salary per annum as shall from time to time be provided by the Legislature, and reasonable travelling and other expenses. 18. The said Auditor shall annually prepare and present to the Lieutenant-Governor a report showing the number and character of the investigations made by him or under his direction during the preceding year, and also as to any changes in the law or in the rules made under this Act which he consider advisable. may 19 (1) The council of any municipality may by by-law direct that moneys payable to the municipality for taxes or rates and upon such other accounts as may be mentioned in of corporation. the by-law shall be by the person charged with the payment moneys into bank to credit By-laws directing that cheque of be countersigned. thereof paid into a chartered bank having an office in the municipality, and in such case the person making the payment shall obtain a receipt from the bank therefor, and produce the same to the municipal treasurer, who shall make the proper entries thereof in the books of the municipality. (2) The council of any municipality may by by-law direct that moneys of the municipality paid to or received by the treasurer shall treasurer of the municipality, deposited in a chartered bank or elsewhere to the credit of the municipal corporation, shall be withdrawn therefrom only upon the cheque of the treasurer, countersigned by the head of the municipality or such other person or official as may be named in the by-law. Treasurer to corporation or from his own. 20. The treasurer of every municipality and school board keep money of shall keep the moneys held by him as such treasurer entirely board separate separate from his own moneys, and in depositing any moneys of the municipality or board in any bank or company he shall deposit the same to a separate account kept in his name as treasurer of the municipality or school board under some designation that will show the account to be an account of the money of such municipality or school board. balance of ber of council 21. The manager or other person in charge of the business Bank to state of every chartered bank or private bank or company in which treasurer's acthe treasurer of any municipality or school board deposits count to memmoneys and keeps an account as such treasurer, shall truly or board. state the balance in the hands of the bank or company or charged to the treasurer at any time when required so to do by a member of the council or school board; and shall, on or before the fourth day of the months of January, April, July and October in every year, make up and deliver or send by registered letter to the head of the municipality or chairman of the school board, as the case may be, a statement in writing Statement of signed by such manager or person in charge, showing the rendered balance of such treasurer's account at the close of business on quarterly. the last day of the preceding month, and the head of the municipality or chairman shall cause the same to be read at the next regular meeting of the council or school board held thereafter. balance to be to balance due annually. 22. The mortgagor and every other person liable for the Persons liable payment of any debt secured by a mortgage given to or held on corporation by a municipal corporation, shall, on the 31st day of December, to state in every year, deliver to the head of the municipality a state- thereon ment in writing showing the amount remaining unpaid upon such mortgage at the said date, and the head of the municipality shall lay the said statement before the council at the next regular meeting held thereafter. 23. Every person guilty of any act or omission in contra- Penalties. vention of this Act for which no other penalty is provided, shall be liable, on summary conviction thereof before two or more justices of the peace, to a fine of not less than $5 and not more than $20, and costs of conviction. heretofore 24. Nothing in this Act contained shall affect or impair any Securities security heretofore given by any treasurer to the municipality given by for the due and faithful performance of the duties of his office, treasurers not nor be deemed to relieve the sureties named in any bond or other security from liability in case of default on the part of the treasurer in duly accounting for all moneys coming into his hands. Nor shall anything herein contained relieve the -council or board or any member thereof from their present duty to appoint competent auditors. affect provi 25. Nothing in this Act contained shall be deemed to affect Act not to or repeal the provisions of section 428 of The Municipal Act, sions of 55 V. relating to the issue of commissions of enquiry into the financial c. 42, s. 423. affairs of municipal corporations. and officers 26. Nothing in this Act contained shall relieve municipal Councillors councillors or officers from any duty now imposed upon them not relieved by law. from other duties. 27. This Act shall be read with and as part of The Munici- Act to be read pal Act. with 55 V. C. 42. Short title. SEPARATE SCHOOL FINANCES. R. S. O. 1897, CAP. 295. HER An Act respecting Separate Schools. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. This Act may be cited as "The Separate Schools Act." R. S. O. 1887, c. 227, s. 1. Borrowing powers of trustees of separate schools. BORROWING POWERS. 61.-(1) The trustees of a separate school shall have full power as a body corporate to borrow money for school purposes, and to make valid mortgages and other instruments for the security and payment of such borrowed money, or of moneys payable or to be paid for school sites, school buildings, or additions thereto, or the repairs thereof, upon the school house property and premises, or any other real or personal property vested in them, or upon the separate school rates, and any ratepayer who was a separate school supporter at the time when the loan was effected on the security of the said rates or property shall, while resident within the section or municipality within which the separate school is situate, continue to be liable for the rate to be levied for the repayment of the loan. (2) The principal money representing any sum so borrowed may, in the mortgage or other instrument securing the repayment thereof, be made payable in annual or other instalments, with or without interest, and the trustees, in addition to all other rates or moneys which they may now levy in any one year, shall also have power and authority to levy and collect such further sum or sums as in each year may be requisite for paying all principal money and interest falling due in such year under the terms of such mortgage or other instrument aforesaid, and the said sums shall be levied and collected in each year in the same manner and form, and from the like persons and property by, from, upon or out of which other separate school rates may now be levied and collected. (3) The mortgages and other instruments which the trustees have power to make, as aforesaid, for the security and payment of money borrowed or payable for school purposes may, in the discretion of the trustees, be made in the form of debentures; and debentures shall be a charge on the same property and rates aforesaid, as in the case of mortgages thereof made by the trustees, as in sub-section 1 mentioned. (4) Every by-law of the trustees for the issue of such debentures shall be sealed with the corporate seal of the board of trustees, and shall be signed by the chairman and secretary of the board, and the by-law may be quashed by application to the High Court at Toronto, in the same way as municipal bylaws may be quashed. R. S. O. 1887, c. 227, s. 58 (1-4). (5) The by-law shall name a day in the financial year in which the same is passed when the by-law is to take effect, and shall state the whole of the debt and the obligations to be issued thereunder, and shall make the same payable in thirty years at furthest from the day on which the by-law takes effect and shall provide for including thereafter in the yearly separate school rate a sufficient sum for the payment of an amount sufficient to pay the yearly interest during the currency of the debentures, and also a certain specific sum to be realized annually for the payment of the principal, which specific sum shall be sufficient with the estimated interest on the investments thereof to discharge the debt when payable. R. S. O. 1887, c. 227, s. 58 (5); 59 V., c. 72, s. 1. (6) Every such by-law, before being acted upon, shall be published for at least three successive weeks in some public newspaper published weekly, or oftener, in the city, town or county in which the separate school is situate, and if no application to quash the by-law is made for three months after the publication thereof as aforesaid, the by-law shall, as in the case of a municipal by-law, be valid, notwithstanding any want of substance or form in the by-law or in the time or manner of passing the same. (7) No debenture issued under the by-law shall be for less than $100. The debentures may be in the form given in Schedule H to this Act. (8) Nothing contained in the preceding five sub-sections shall be deemed to declare or imply any construction of any statute or of any provision thereof, passed prior to the 20th day of April, in the year 1887, or as declaring or implying that the trustees had not theretofore power to make and issue debentures for the security and payment of money borrowed or payable for school purposes. R. S. O. 1887, c. 227, s. 58 (6-8). |