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70 MUNICIPAL LAW,
Npitlicr will such iiyrceiiiunt pifjudiciully cfli-ct tlit- riuhts (if ji tclf-
plione foinpiiiiy, with respect to thi- use of such stivfts, whicii existed on
the 27th (hiy of May, lH[}'i; and all by-laws passed givinj; sucii exclusive
piivileffes for a period not exceediuff ten years, are valid and bindin^^'.
i m ADMrXISTKATlON OK -irsTICK.
It54. Ex-Officio Justices. The head of eveiy Council, all nieni-
liiM's of a county council, and the reeve of every town, township and
villafje shall, after taking the oath of otHoe, be e.r-oj)irto justiees of the
peace for the whole county; and aldermen in cities shall be justices of
the peace for such cities.
II'm. Judicial Jurisdiction of Mayors. 'I'lie Mayor of a city or town
where there is no police magistrate may, in ad<lition to his other jiowers,
try all prosecutions for offences against the by-la\v.s of the municipality,
and penalties for refusing to acce])t otlice or t<) make the declarations of
otiiee and ()ualitieations.
mm. Jurisdiction of Justices of the Peace for a county extends to
all ca.ses ari.sing under any by-law of any nuinici[iality in the county for
which there is no police magistrate.
A Justice is not disqualified to act in a case of a prosecution for an
offence against a by-law, because of his being a member of that ('ouncil.
Even where, in case of a conviction, the tine would go to the miinieipality
of whicli h(f was a ratepayer, he is not dis(|naliHed from trying the case.
1151. Fines and Penalties awarded by a .Justice of the Peace, and in
default of payment the offender maybe committed to gaol for a period not
e.xcecding thirty day.s, with or without bard labor. In case of an offence
against the bv-law connnitment could not be longer than th<' time fixed in
tile bv-iaw.
IM>8. Witnesses. A person making the complaint is a competent
witness. The defendant is also a competent witness, .so is the wife or
husband of <lefendant, and may be compelled to give evidence.
;{5J>. Executions against Municipalities Any writ of execution
against a municipality may be endorsed, with a direction to the sheriff to
levy the amount thereof by rate, as follows
1. The Sherif!' shall deliver a copy of the writ to the treasurer with a
statement of claim, costs and sheriff's fee.
2. In case the amount, witli interest from the day mentioned in the
statement, is not paid within one month after the service, the sheriff" shall
from the As.sessment Roll strike a rate in the dollar sufficient to cover the
claim, fees and the collectoi-'s percentage.
3. The Sheriff* shall issue a precept, under his hand and seal, to each
collector of the corporation, with the roll of such rate, and command them
to levy such rate at the time and in the manner required for the general
annual rates.