Loading...
412 COUNTY OF ELGIN By-Law No. 412 "TO REGULATE THE PROCEEDINGS IN THE MUNI- CIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AND THE OFFICERS AND COM- MITTEES THEREOF." Passed 5th June 1885 The original copy is not available. In its place is a printed pamphlet containing said By-Law By-Law No. 412 is typed from THE COUNTY OF ELGIN CONSOLIDATED BY-LAWS 1852-1896 Page No. 50 COUNTY OF ELGIN By-Law No. 412 TO REGULATE THE PROCEEDINGS IN THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AND THE OFFICERS AND COM- MITTEES THEREOF." Passed 5th June 1885. WHEREAS, it is expedient to regulate the proceed- ings in Council and in Committees of the same and the Officers of the Corporation of the County of Elgin, and to amend and consolidate all other By-Laws relating to the proceedings in Council. THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows; That all other By-Laws relating to proceedings in Council, or inconsistent with this By-Law, are hereby repealed. PROCEEDINGS IN COUNCIL 1 MEETINGS AND ADJOURNMENT OF COUNCIL. 1. In all the proceedings had or taken in the Municipal Council of the Corporation of the County of Elgin, the following rules and regulations shall be observed, and shall be the rules and regulations for the order and despatch of business in the said Council, and of the Committees of the said Council. 2,~) The hour of meeting on the first day óf each session shall be 2 o'clock in the afternoon, and for every other day or sitting in the session, such hour shall be re- gulated at the previous adjournment. 3· Unless there shall be a quorum present in half an hour after the time appointed for the meeting of Council, the Council shall then stand absolutely adjourned until the next regular hour of meeting, and the Clerk shall, if required by two members, take down the names of the members present at the expiration of such half hour. 4. The Council shall always adjourn at the hours of 12 o'clock, noon, and 6 o'clock, afternoon, if in session at these hours, unless otherwise determined by a vote of a majority of the members present. (cont'd) 412 By-Law No Page 2 5. The Council shall always adjourn at the hour of 11 o'clock p.m., if in session at that hour, unless other- wise determined by a vote of two-thirds of the members pres- ent. 6. The members of the Council shall not leave their places, on adjournment, until the Warden or other pre- siding Officer leaves the chair. II ORDER OF PROCEEDINGS IN·COUNCIL 7. As soon after the hour of meeting as there shall be a quorum present, the Warden shall take the chair and the members shall be called to order. 8. In case the Warden shall not be in attendance, the Clerk shall call the meeting to order, until a Chairman shall be chosen, and the member so chosen to preside shall take the chair during the absence of the Warden, but at the meeting only at which he has been so chosen. 9. Immediately after the Warden or other Presiding Officer shall have taken his seat at the first session of the day, then the minutes of the preceding day's meeting, or meetings, shall be read by the Clerk, in order that any mis- takes therein may be corrected by the Council, and if approved of by the Council, shall be signed by the Warden and Clerk 10. Every member, previous to his speaking to any question or motion, shall rise from his seat uncovered and address himself to the Warden or other Presiding Officer. 11. When two or more members rise at once, the Warden shall name the member who is first to speak, and the other or others may appeal to the Council, if dissatisfied by the Warden's decision, by the question, "Which member was first up?" 12. Every member present when a question is put shall vote thereon, unless the Council shall excuse him, or he be personally interested in the question, but such inter- est must be resolvable into a personal pecuniary profit, or such as is peculiar to that member and not in common with the interests of the County at large. 13. When the Warden or other presiding Officer is putting the question, no member shall walk across or out of the room, nor interrupt the speaker, except to a question of order, nor pass between the speaker and the chair, and no councillor shall leave his place during the sitting of the Council without turning to the chair as h'e retires, and making a bow in such a manner as that any member present may have an opportunity to object to the absence of such retir- ing member. ( t') con d Page 3 412 By-Law No 14. Any member called to order shall at once sit down, unless permitted to explain; and the ruling of the Warden or other Presiding Officer shall be final, unless otherwise decided by the Council on an appeal from such rul- ing. 15. No member shall speak disrespectfully of Her Majesty the Queen, nor any ,of, the Royal Family, nor of the Governor-General, Lieutenant-Governor, or other person ad- ministering the Government of the Dominion, or of this Pro- vince; nor shall he use offensive words agàinst this Council or against any member thereof. in shall speak beside the question No member 16 debate 17. Any member may require the question or motion under discussion to be read at any time during the debate, but not so as to interrupt a member while speaking. 18. No member shall speak more than once on the same question, without leave of the Council, except in ex- planation of a material part of his speech, which may have been misconceived;:but then he is not to introduce new matter, The mover and seconder may speak a second time 19. After a motion is passed, or a report adopted, no motion to alter or amend the same shall be considered during the same session of Council, unless the motion to alter or amend is moved and seconded by two members from among those who voted with the majority that carried said motion or report. 20. Upon a division on any question before the Council, the names of those who vote for and those who vote against the question shall be entered on the minutes, if required by anyone member of the Council, and the names shall be recorded yea and nay on the minutes as the members vote on the question. 21. Questions under the proper order of the day may be put to the Warden or other ~residing Officer, or through him to any member of the Council, relating to any motion, or other matter connected with the business of the Councilor the affairs of the County, but no argument or opinion is to be offered, nor any facts stated, except so far as may be necessary to explàin the same; and in answering any such questions a member is not to debate the matter to which the same refers 22. It shall be lawful for the Warden or other presiding Officer, subject to an appeal to the CQuncil, to order the doors of the Council Chamber to be closed; and when the doors shall be directed to be closed, all person, except the members and the Clerk, shall rBtire (cont'd) By-Law No. 412 Page 4 III ORDERS OF THE DAY 23· The Clerk shall have prepared for the use of the members the general order of the day, containing: 1st. Reading the minutes. 2nd. Reading communications. Jrd. Presenting petitions. 4th. Enquiries þy members. 5th. Giving notice. 6th, Reports of Committees. 7th. Unfinished business. 8th. New Business. 9th. Consideration of By-Laws. The Business shall, in all cases, be taken up in the way in which it stands upon the orders of the day, unless otherwise determined by a vote of a majority of the members present taken without debate thereon. 24. No resolution, asking for or making a grant of money, shall be voted upon until one day's notice has been given that such resolution will be offered. 25· All motions shall be in writing, except to dispose of reports or communications, or to refer to Commit- tees, and shall be seconded before being debated or put to vote; and all motions shall be read by a member rising in his seat with his head uncovered, and shall then be conveyed to the Warden, who shall again read the same. 26. ; After a motion has been read by the Warden or other Presiding Officer it shall be deemed to be in possess- ion of the Council, but may be withdrawn at any time by con- sent of a majority of the),·members present. 27. A motion to refer the main motion to a Commit- tee shall preclude all amendment of the main question until decided. (cont'd) 412 By-Law No Page 5 280 A motion to adjourn shall always be in order unless a vote is being taken, but no second motion to adjourn shall be made until after some intermediate proceedings shall have been had. 29. When a question is under debate no motion shall be received unless to amend it, to postpone it, to adjourn, or to move the previous question. 30. The previous question, until it is decide, shall preclude all amendments of the main question, and shall be put without debate in the following words, "Shall the main question now be put?" and if this be carried in the affirm- ative, the original motion shall forthwith be put to vote without amendment or debate 31. All amendments shall be put in the reverse order in which they are moved, except in filling up blanks, when the longest time and the largest sum shall be put first and every amendment submitted shall be reduced to writing. and be decided upon or withdrawn before the main question is put to vote. 32. In all motions for the appointment of any mem- ber of the Council, or of any other person to any office in the gift of the Council, the names of all candidates shall be submitted before any vote is taken, and the candidates shall be voted on separately in the order in which they are proposed. 33. Only one amendment shall be allowed to an amend- ment,.cand any amendment more than one must be to the main question. 34. When the question under consideration contains distinct propositions, upon the request of any member the vote upon each proposition shall be taken separately. 35. After any question is finally put by the Warden or other Presiding Officer, no member shall speak to the ques- tion,.1 nor shall any other motion be made until after the re- sult is declared; and the decision of the Warden or other Presiding Officer, as to whether the question has been fin- ally put, shall be conclusive. 36. Whenever the Warden or other Prèsiding Officer is of opinion that a motion offered to the Council is con- trary to law, or the rules and privileges of the Council, he shall apprize the members thereof immediately before put- ting the question thereon, and quote the law or rule of authority applicable to the case, without argument or comment always take their places when (cont'd) 37. Members shall any division is called for. Page 6 412 By-Law No 38. When the Warden or other Presiding Officer is called on to decide a point of order or practice, he shall state the rule of authority applicable to the case, without argument or comment, when required. 39. The Warden or other Presiding Officer may vote with the other members on all questions, and any question on which there is equality of votes shall be deemed to have been negatived, if the Warden has voted. IV WHOLE 40. Whenever it shall be moved and carried that the Council go into a Committee of the whole, the Warden or other Presiding Officer shall leave the chair, and shall ap- point a Chairman of Committee of the whole, who shall main- tain order in the Committee, and who shall report the pro- ceedings of the Committee ORDER OF PROCEEDINGS IN COMMITTEE OF THE 41. The rules of the Council shall be observed in Committee of the whole, so far as may be applicable, except that no motion shall require to be seconded, but no motion for the previous question, or for an adjournment, shall be allowed; and in taking the yeas and nays the names of the members shall not be recorded, nor shall the number of times of speaking on any question be limited. 42. Questions of order arising in Committee of the whole shall be decided by the chairman, subject to an appeal to the Council, and if any sudden disorder should arise in the Committee, the Warden or other Presiding Officer will resume the chair, without any question being put. On motion in Committee of the whole to rise the question shall be decided without debate. 43 and report, 44. A motion in Committee of the whole to rise without reporting, or that the Chairman leave the chair, shall always be in order, and shall take precedence of any other motion. On such motion debate shall be allowed, and on an affirmative vote the subject referred to the Committee shall be considered as disposed of in the negative, and the Warden or other Presiding Officer shall resume the chair and proceed with other business. V READING OF BY-LAWS AND PROCEEDINGS THEREON 45. Every By-Law shall be introduced upon motion for leave, specifying the title of the same, or upon motion to appoint a Committee to prepare and bring it in. (cont'd) 412 By-Law No. Page 7 46. When a By-Law is read in the Council, the Clerk shall certify the readings, and the time, on the back there- of. After By-Laws have passed he shall be responsible for their correctness should they be amerided. The question, "That this By-Law be now read a shall be decided without amendment or debate, read a second time before it is committed, and time before it is signed by the Warden. 47. first time," and shall be read a third 48. Any By-Law for the appropriation of money, brougtltin on the report of a Committee of the whole, shall pass through all its stages without being again referred to the Committee of the whole, unless upon special motion' in writing 49. All amendments made in Committee of the whole shall be reported by the Chairman to the Council, through the Warden or other Presiding Officer, who shall receive the same forthwith. After report, the By-Law shall be open to debate and amendment before it is ordered for a third reading. When a By-Law is reported without amendment it is forthwith ordered to be read a third time at such time as may be appointed by the Council VI PETITIONS AND COMMUNICATIONS 50. All By-Laws, after having been finally adopted, shall be transcribed in a By-Law Book and paged and indexed. 51. Every petition, remonstrance, or other written application intended to be presented to the Council, must be fairly written or printed on paper or parchment, and signed by at least one person, and no letters, affidavits, or other documents, shall be attached to it, and shall be presented by a member in his place as soon as that order of business is reached. 52. Every member presenting any petition, remon~ strance, or other written application to the Cotmcil shall examine the same, and shall be answerable ,that·''th.ey' do not contain any impertinent or improper matter, and that the same is respectful and temperate in its language; he shall also endorse thereon the name of the applicant and the sub- stance of such application, and sign his name thereto, which endorsement only shall be read by the Clerk, unless a mem- ber shall require the reading of the papèr, in which case the whole shall be read. (cont'd) Page 8 412 By-Law No 53. Any member may move to take up or refer any communiclilt"Ìon. or petition made or presented to the Council during the year in which such petition was made or presented, or dur"Ìng_. the next preceding year, and whether such com- munication or petition has been referred to a Committee and reported upon or not; but no motion shall be in order to take up or refer a communication or petition made or presented at any time before the commencement of the year next preced- ing such motion. 54. All petitions or other written communications on any subject within the cognizance of any Standing Commit- tee shall, on presentation, be referred to the proper Com- mi ttee without any motion; and no member shalL·.?p-eak 1,1po~, nor shall any debate be allowed on the presentation of any petition or other communication to the Council; but any mem- ber may move that in referring said petition or o:ther: com,... munication certain instructions may be given by the Council, or that the said petition or communication be rèferred to a Select Committee, and if the petition or communication com- plain of some present personal grievance, requiring immediate remedy, the matter contained therein may be brought into immediate discussion and disposed of forthwith. VII ORGANIZATION OF COMMITTEES 55. The Committee to strike the standing Commit- tees and all Select Committees shall be appointed on motion of a member by consent of a majority of the Council, and any member of the Council may be placed on a Committee, not- withstanding the . absence of such member at the time of his being named upon such Committee, and the Warden shall be, ex-officio member of all the Standing Committees The Committee to strike the Standing Commit- no case consist of more than thirteen members 56. tee shall in 57. The member who shall introduce a By-Law, pet- ition or motion, upon any subject which may be referred to a Select Committee, shall be one of the Special Committee to which it is referred, without being named thereon. 58. Of the number of members composing any Stand- ing or Select Committee, such number thereof as shall be equal to a majority of ßuch Committee, exclusive of any ex-officio members, shall be a quorum to do business. 59. There shall be annually appointed at the first meeting of each newly elected Council, the following Commit- tees, which shall compose the Standing Committees of the Council for the year: (cont'd) By-Law No 412 Page 9 1st. Finance 2nd. Public Improvements 3rd. Jail and Printing. 4th. Petitions and Legislation. 5th. Educational. 6th. Equalization. 7th. House of Industry. 60. Each Standing Committee of the Council, except where otherwise specially provided, shall consist of such members of the Council not exceeding one member from each Municipality as the Council shall name as aforesaid. 61. The members of each standing Committee shall, at their first meeting, elect a Chairman from among themselves and as soon as such Chairman has been elected, the time of the future regular meetings of the Committee shall be deter- mined by the members thereof, and also the hour at which leach of such meetings shall be held. 62. Special meetings of Committees may be called by the Chairman whenever he shall consider it necessary to do so, and it shall be the duty of the Chairman, or in his absence the Clerk of the Council, to summon a special meet- ing of Committee whenever requested in writing to do so by a mªjority of the members of the Committee. 63. Members of the Council may attend the meetings of any of the Committees, but shall not be allowed to vote nor take any part in the discussion or debate. 64. The business of the respective Standing and Select Committees shall be conducted under the following regulations. (1 ) The Chairman shall preside at every meeting, and shall vote on all questions submitted, ånd in case of an equal division the question shall be passed in the negative. (2) He shall sign all such orders and documents as the Committee may legally order. (3) In his absence one of the other members shall be elected to preside, who shall discharge the duties of the Chairman for the meeting until the arrival of the Chairman. (cont'd) Page 10 412 By-Law No. (4) No order or authority to do any matter or thing shall be recognized as emanating from any Committee unless it is in writing, nor unless it is signed by the Chair- man, or acting Chairman, or Secretary thereof, and refers to the minute of the Board or Committee under which it is issued. and 65. The general duties of all the Standing Select Committees of the Council shall be as follows I (1) To report to the Council from time to time, whenever desired by the Council, and as often as the inter- ests of the County may require, on all matters connected with the duties imposed on them respectively, and to recom- mend such action by the Council in relation thereto as may be deemed necessary. (2) To cause to be prepared, and introduce into the Council, all such By-Laws as may be necessary to give effect to the reports or recommendations of the respective Commit- tees that are adopted by the Council. and (3) To conSider and report respectively on any all matters referred to them by the Council, the Chairman s&gning such report and bringing up the same. (4) It shall be the duty of the Finance Committee to present to the Council in June, in each year, a full and particulaÞ exhibit of the financial affairs of the Council at the termination of the preceding financial year, together with an estimate of the amount required to be raised by as- sessment during the current year. (5) To report to the Council at the June session in each year as to the manner in which the revenue required for the current year should be raised. 6) To consider and report as often as may be nec- the management of all matters connected with rail- bonds, or other securities held by the Corporation. ( essary, on way stock, (7) To consider and report on all affairs connected with the leasing or selling of County property. when called upon to office. To advise the Tr~asurer, matters pertaining to his (8) all which ought in his in (9) To see that all duties and services to be performed by the Treasurer, and the officers department are fully executed. do so 66. In addition to the duties prescribed by laW or by this By-Law, or by any other By-Law of the County of Elgin, prescribing duties to the Board of Road Directors or Public Improvements Committee the duties especially imposed on the said Board or Committee shall be as follows; (cont'd) 412 By-Law No Page II (1) To report and recommend to the CO'uncil such regulations for the control of roads, bridges and works, the property of the County, as may be requisite for the public safety and welfare, and in accordance with the Legislative enactments. (2) To direct and control the County Enquirer and his Staff in the discharge of their duties, and to report to the Council from time to time, on all matters connected with the duties of his department. (3) To give effect to all orders of the Council in relation to the performance of works on roads or bridges 67. In addition to the duties prescribed by law, or by the seventy-fourth section of this By-Law or by any other By-Law of the County of Elgin, the duties especially imposed on the Jail Committee shallbeas~·~òl1l.ows, (1) To regulate all matters connected with the Jail, Court House, Council Chamber, and all grounds and buildings adjacent thereto, the property of the Corporation, and have the control of the officials appointed to take charge of the same by the County. APPOINTMENT AND DUTIES OF OFFICERS OF THE CORPORATION The duties of the various officers of the Corpor- in addition to those prescribed by law, or by any By- resolution of the Council, shall be as follows: ation, Law or TREASURER The Treasurer shall be the head of the Financial Department of the Corporation, and shall be the principal officer and adviser of the Corporation, through the Finance Committee, in all matters relating to the monetary and fin~ ancial operations of the County, and especially with regard to its debt} and the estimates to be prepared annually for providing the ways and means for protecting the same, and meeting the annual expenditure, with a careful regard to the maintenance of the County credit The security to be given by the Treasurer, as re- quired by law, shall be either by bond, with good and suf- ficient personal sureties, or the covenant and undertaking of any good and sufficient Company or Association duly incor- porated for granting bonds of suretyship for parties holding positions of trust, and as to the amount of the same and all other particulars, shall be subject to the approval of the Council. (cont'd) 412 By-Law No Page 12 The Treasurer shall keep or cause to be kept, accord- ing to the most approved system of book-keeping, such books of account as may be necessary to show distinctly the receipts and disbursements, and all other reckonings and accountings of what nature or kind soever, connected with the monetary transactions of the Corporation. He shall also keep special books and registers for recording the debenture debt of the Corporation, the retire- ment of the coupons or interest warrants of the same, and all other changes in the same. He shall use all diligence in enforcing the prompt collection of all rates, taxes, interest, rentals, or other dues of the Corporation, and where necessary, enforce pay- ment of the same by a prompt recourse to legal process He shall be the custodian of all titles, and evidences of title, deeds, mortgages, leases, bonds, agreements or other instruments relating to the property and rentals of the County, and shall only allow the same to be taken from his office on the order of the Councilor on the requisition and receipt of the County Soliçitor, for use in any legal pro- èedure, or on the order to produce of any Court of Law or equity. He shall further be the custodian of all bonds and securities of fidelity given for the faithful discharge of the duties of the officials and servants of the Corporation, save his own, which shall be deposited with the County Clerk He shall be guided in the payment8 and disbursements of his office by the By-Laws, 'Rulesl'.and,·.Eggulations·OLthe: . Corporation with regard to the passing and verification of accounts by the ,~e'veral Committees, or by sta1tùtory or other authority, and by the appropriations made for their liquid~- tio~ advising with the Committee of Finance or the Council when requisite He shall, as early as may be after the close of the financial year, prepare for publication any statements of assets and liabilities, and such other information re- garding the County debt, and any other special accounts of the Corporation, as may be required by the Council. He· shálL.ggnerally superintend the transactions of his department, and the officers of the same, and duly com- pare, check, and vèrify the entries of receipts and disburse- ments with the accounts and vouchers of the same, and with the books of the office. The accounts and transactions of his department shall be subject to an audit by the County AUditors, if so directed by the Council at any time, and these shall prepare the Annual Detailed Audit and Abstract Report of Receipts and Expenditure (cont'd) 412 By-Law No Page 13 COUNTY CLERK. It shall be the duty of the County Clerk--- (1) To notify each member of their respective Com- mittees appointed under this By-Law, so soon as the appoint- ment has been made, of the time and place at which the first meeting of the Committee will be held. (2) To furnish each of such members with a copy of this By-Law at the time of serving the notice of the first meeting. (3) To furnish the Treasurer of the County, the Chairman of the Committee on Works, and the Chairman of each of the other committees, with certified copies of all resol- utions, enactments, orders of the Council, or other matters relative to the matters over which the said Committees may respectively have jurisdiction, on the,da~'néxt succeéai~g that upon which the action of the Council in respect there- of takes place, or sooner if required. To communicate or convey to the Committees all òfuher documents referred by the Council 4) or ( petitfuons (5) To give notice to the members of the Council of all special meetings thereof; said notice to be mailed to each member at his residence or place of business (6) To have charge of the County seal and only to attach the same to any document connected wi the·the corporat- ion, on the order of the Council ENGINEER AND STAFF It shall be the duty of the County Engineer--- (1) To report to the Council, at each session if necessary, as to the improvements and repairs which, in his opinion, should be undertaken by the Corporation; and also on or before the first day of May in each year, to present to the said Committee a supplementary report as to any addit- ional improvements and repairs to be undertaken during the year, and which were not included in the last preceding re- port. (2) To have the general superintendence and control of all employees of the Department in the carrying out of all works of construction and repair of buildings ordered by the Councilor any Committee thereof. (3) To be responsible to the Council for the due performance of all such works, unless by the resolution, By- Law or contract for the same, such works have been entrusted to some other Engineer or Architect. (cont'd) Page 14 tn2 By-Law Nö (4) To decide upon, select and employ such number of foremen, inspectors, mechanics and laborers as may be required from time to time for any Corporation work under his control which has not been let by contract; and such employees shall be paid by the County upon the Engineer's certificate, reported to the Treasurer, and shall be subject to dismissal at any time by him or by the Council without being entitled to any notice of or compensation for such dismissal, and all such appointments and dismissals shall be reported forthwith thereafter to the Council, through the Board of Road Directors (5) To examine or cause examination to be made into all complaints of defective roadways or drainage, and to take such measures as may be necessary to secure the conservation of the public thoroughfares and their maiñtenance against encroachment. (6) To examine and certify all bills for material and labor against the Corporation, and to make or cause to be made, the surveys and examinations necessary for the pur- pose. (7) To have control of all assistants employed in his department, and of all Corporation contractors, subject to the terms of their respective contracts. (8) To report from time to time to the Board of Road Directors, or to any Committee having cognizance of the matter, or to the Còûncil, as the case may require, any ob- struction he may meet with in the course of his duties or any other matter upon which he may require advice or instruction. (9) To furnish the Council and the various Commit- tees thereof with all plans and specifiGations required in connection with the roads, bridges, drains, culverts and other Corporation works, and take and furnish all levels, and make all surveys in connection with the same, and also perform all engineering services connected with the Corpor- ation of/'the Coùnty of Elgin as the Council may from time to time require, and be responsible for the supervision and execution of the/same. Engineer-- To cause a notice of any special meeting of the Board of Road Directors to be mailed to each member of said Committee duty of the It shall also be the To conduct the correspondence of the said Board, and Letter Book" containing copies of all letters written on office business. keep a by him (cont'd) Page 15 412 By-Law No . To communicate on the day after any meeting of the said Board, a copy of any order or minute of the said Board, made at such meeting, to such officials of the Corporation or other persons as may be affected thereby, or to whom the Board may order the same to be communicated. To preserve and file all communications and tenders addressed to or read before the said Board, and to furnish the said Board, when required, a copy of any account, letter report, specification or other document in the possession of the said Department. To prepare and have the custody of, and be respons- ible for, all such plans and estimates as may from time to time be prepared for the use of the County. To keep a "Plan Book," which shall contain a list of all.plans, profiles and drawings in the department; and no plan shall be allowed to go out of the office until a receipt for the same has been signed by the person to whom it is given. employed by the Board. all measurements of work and material which To keep the time of all men To make may be required. To keep a "Measurement Book, in which he shall enter all measurements of work of repair done and materials delivered for the same, with dates and names, as may be re- quired. Whenever work is done or material supplied under a written contract, no account or estimate for such work or material shall be certified by the Engineer, or paid by the Treasurer, unless and until the eomplete execution of the contract and bond (if any) shall first have been certified by the County Solicitor. THE COUNTY SOLICITOR The person appointed as Solicitor shall attend to such duties and give such legal opinions as may be required by the Council, or the Chairman of any Committee thereof-- such opinion to be in writing. That it shall be the duty of all other Officers of this Corporation to furnish the County Solicitor, upon re- quest, with any documents, books or papèrs, or copies of the same, in the custody or possession of such officers, and to give to the said Solicitor such other aid and assistance as he may require in the performance of the duties of the said office (cont'd) 412 By-Law No Page 16 AND CONTRACTS EXPENDITURES ACCOUNTS MONEY APPROPRIATION IMPROVEMÊ!'iÌ'TS That no tenders be accepted on behalf of the Cor- poration of the County of Elgin for any purpose unless such tender be accompanied by a good and sufficient guarantèe for the performance of the tender, signed by two or more respons- ible persons, and the guarantee may be in the following form the undersigned, do promise and agree with the of the County of Elgin, that the annexed tender __ __shall be carried out by the said in event of said tender being accepted. We, Corporation of this the Dated at of Copies of the above guarantee shall be printed, and one or more copies be furnished by the County Commissioner, or County Clerk, or by any member of the Council being aware of the matter tendered for, to parties desirous of tendering. day 189_. With the view of preventing members and officers of the Corporation from being interested in Corporation contracts it is hereby expressly declared that no member of the Council, and no officer of the Corporation, shall be interested in a private capacity, directly or indirectly, in any contract or agrBement for lator or for any materials, goods, wares or merchandise furnished to the County, wherein the County is a partly interested. Any breach of the duty imposed by the preceding sec- tion of this By-Law, on the part of any officer of the Cor- poration, shall subject him to forfeiture of his office, and immediate removal therefrom. No account or claim against the County, arising out of or connected with any contract, agreement, purchase or sale, made contrary to this By-Law, shall be certified by any Engineer or other officer of the Corporation, or approved by any Committee, or the Chairman thereof, or paid by the Treasurer. 1:,\ _ Every contract shall contain a clause declaring that the contract is entered into on the part of the Corporation in,full faith that no member of the Council, and no officer or 1!h"e Gorporation has any interest whatever,therein, and further declaring that the persons contracting, an~ their representatives, are to forfeit all claims under the contract and for all work done, or materials, goods, wares or merchan4 dise furnished under it, if it shall appear that any member of the Councilor officer of the Corporation is at the time interested therein, or if any interest therein is afterwards given or agreed to be given to him, and providing (cont'd) Page 17 412 By""Law No that no payment is to be required without the declaration being delivered at the time of requiring the same, as here- inafter provided. The County Clerk, for the convenience of parties, shall provide forms for the necessary certificates and de- claration, such forms being subject to the approval of the Council. No money shall be paid to any member of the Council, or to any officer of the Corporation, as paid agent or attor- ney for any contractor. No member of the Council shall have power to direct or interfere with the performance of any work for the Corpor- ation, and the officer in charge shall be subject to his superior (if any) and to the Council, or to any Committee (while acting in that capacity, and not otherwise), to which the Council may, in any case, give authority in that behalf. No contractor or other person found by the County Engineer, or person in charge of the Engineer's Department, or by any Committee of the Council, or declared by a Resol- ution of the Council, or ascertained by a judicial decision, to have been guilty of defrauding, or attempting to defraud the County,sl3.allªgain be employed in any capacity on be- half of or receive any contract from the County, without the express sanction of the Council. It shall be the duty of the various officers of the corporation to forthwith report all such frauds, or atteø~ted. frauds, of which they may beco~e cognizant, to their superiors, and for such superiors to report the same to the Committee to whose department the subject of the fraud belongs GENERAL CLAUSES No person, , except Members and Officers of the Council shall be allowed to come within the bar during the sittings of the Council without the permission of the Warden or other Presiding Officer No standing rule or order of the Council shall be suspended, except by a vote of two-thirds of the members present. In all unprovided cases in the Proceedings of Council or in Committee, the Law of Parliament shall be followed, and in such cases the decision of the-.'Warden or other Presid- ing Officer shall be final, and acquiescèd'in"without dèbate. (cont'd) Page 18 412 By-Law No Any Office who shall refuse, or wilfully fail or neglect to perform any duty enjoined upon him by any By-Law or resolution of the Council, or who shall in the discharge of his official duty, be guilty of any fraud, extortion, oppression, favoritism, partiality, or wilful wrong or in- justice, shall be subject to removal from office. Every By-Law which has passed the Council shall immediately after being signed by the Warden, and sealed with the seal of the Corporation, be deposited by the clerk for security in the safe connected with his office amended That no report of any Committee shall be except in Committee of the whole. That all communications, petitions and reports laid before the Council be read by the Clerk and handed to the Warden, who shall ascertain the will of the Council respect- ing them ELECTION OF WARDEN The first meeting in each year shall be at 2 o'clock ., when the election of Warden shall be proceeded with in manner following; p.m the of The members present shall nominate one or more their members for the office of Warden; every nomination which is seconded shall be voted on. The voting shall be by ballot, and shall be taken as follows: The members shall appoint from among themselves two persons not being candidates, to act with the Clerk as scrutineers. The Clerk shall provide each member with a slip of paper; each member will then write on one side of the slip the name of the candidate for whom he wishes to vote, and shall deposit the same in the ballot-box. If any candidate receives a majority of the 1II'0tes '.!cast, he shall be declared elected. If no candidate receives a majority of the votes cast at the first vote, the same course shall be pursued until one of the candidates receives such majority. . The Warden of the County while acting on any Com- mittee to which he is especially appointed by resolution of the Council, shall receive the same allowance and mileage as are paid to the other members of said Committee. The County Clerk shall have sole authority to pur- chase all office supplies and furniture required in the County offices, or for the officials for which the County is by law responsible. (cont'd) By-Law No 412 Page 19 St. Thomas 5th June 1885 K. W. McKay Samuel S Cltltton County Clerk Warden Receiv~d and read a first, second and third time and finally passed 5 JunelJJ8ß.5. Certified K. W. McKay, County Clerk';