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The Municipal Reports; Containing Reports of Cases Arising Under the Municipal and School Laws of Upper Canada

The Municipal Reports; Containing Reports of Cases Arising Under the Municipal and School Laws of Upper Canada


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1863. Excerpt: ... effect, according to the express enactment in the 47th clause of the same statute; and on other grounds that by-law was illegal. Then the district council repealed it in 1846; but soon afterwards reflecting that though the imposition of further rates under it had ceased with its repeal, yet the council had thereby lost the means of enforcing payment of rates accrued under it was in force, and so those who had paid in obedience to it, and those who had refused or neglected to do so, were on unequal terms, they restored it to force so far as was necessary for collecting arrears, by their by-law of the 12th of August, 1846. This by-law is moved against, and we think we have no discretion to decline quashing it, for it is passed to enforce an illegal by-law, and cannot therefore be in itself legal. As to the answer, that the Canada Company has submitted to the by-law, and so has no motive for now applying against it, the affidavit does not go so far as to shew that all the taxes have been paid by them that they would be liable to, under it, but only that they have paid 101/. for rates on several thousand acres. This may yet leave farther payments to be claimed. Per Cur.--Rule absolute. Tylee V. Municipal Council Of Toe County Of Waterloo. By-laws pas, ed to impost rates, under 4 5 Vic ch. 10 $ 12 Vic. ch. 81--Quashed. By-law quashed: --1. As contrary to the 4 & 5 Vic ch 10, in not limiting the sura to be raised, and in imposing a tax on wild lands alone: 2. As exceeding the authority given to the district councils by the 48 section of that act: 3. As inconsistent with the requirement of 12 Vic ch. 81, in not specifying the sum required, or the purpose to which it was to be applied. And semblt that it is necessary under this act (sec 41, subsec 22), as it...


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Product Details
  • ISBN-13: 9781150610882
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 328
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1150610883
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 585 gr


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