How the rent charge shall be entered in the recovered. The amount to the Trea surer of Ontario. The rent charge to be 10. Every rent charge which shall have become charged on land by virtue of this Act, shall, except as hereinafter collector's roll, provided, be entered by the clerk of the Municipality in which collected, and the said land is locally situate, in a column of the Collector's Roll, to be headed "Charge under Drainage Act," and shall be collected and be recoverable by the Council of the said Municipality, by the same means, and in the like manner in all respects as Municipal rates and taxes are collected and recoverable under the " Assessment Act of 1869"; and the amount thereof to be remitted shall be remitted by the local treasurer or chamberlain, to the Treasurer of Ontario, within the space of one month after the same shall have become exigible, with interest at the rate of seven per centum during the non-payment; and the Council The Municipal of every such municipality, shall assess and levy on the whole Council to levy a sum each ratable property, within its jurisdiction, a sufficient sum in each year for the year to enable the Treasurer, over and above the other valid payment of debts of the Corporation falling due within the year, to pay the rent charge. over to the Treasurer of Ontario, the amount of such rentcharge, within the space aforesaid, whether the same may have been previously recovered from the parties or lands charged with the same or not; and the amount hereby appointed to be remitted by the Local Treasurer to the Treasurer of Ontario shall be the first charge upon all the funds of the municipality, for whatever purpose, or under whatever By-law they may have been raised; and no treasurer or other officer of the municipality, shall, after the passing of this Act, pay any sum whatsoever, except for the ordinary current disbursements and salaries of Clerks and other employees of such Municipality out of any funds of the municipality in his hands, until the sum be made until then payable by the municipal treasurer to the Treasurer of Onafter payment tario, in respect of such rent charge, shall have been paid to him; and if any such treasurer or municipal officer shall pay any sum out of the funds of his municipality, except as aforesaid, contrary to the provision herein before made, he shall be deemed guilty of a misdemeanor, and shall, moreover, be liable to the Treasurer of Ontario for every sum so paid as for money received by him for the Crown; and any Reeve or Councillor wilfully or negligently omitting to see the foregoing provisions carried into effect, shall also be personally and individually liable to the Treasurer of Ontario, for the full amount of the said rent charge to be recovered with costs by the said Treasurer of Ontario, in any suit as for money had and received for Her Majesty's behoof. the first charge on the funds of the Municipality. Except for current disbursements and salaries, no payment to of the rent charge. Penalty for paying out moneys contrary to this Act. When lands are under lease, arbitrators to deteramount of in mine the 11. In case any land which shall be drained or improved by drainage under this Act shall, at the time of making the said award, not be in the actual possession of the owner or proprietor, but be held under him by some other person or persons creased rent or by virtue of a lease, agreement, or other instrument, having more than one year to run, then, and in such case, the said arbitrators shall determine the amount of increased rent or tax which such tenant or occupier shall pay in consequence of any improvement landlord. be endorsed on deduct from improvement in such land, regard being had to the duration, Remedies of extent and value of the interest of such occupant in the premises, and to the particular circumstances of the case; and the landlord of such tenant and occupant shall have the same reme- Decision of dies for the recovery of such increased rent as he was entitled arbitrators to to for the rent originally stipulated; and the decision of the said lease. arbitrators shall be signified by indorsement on the lease or instrument under the hands of the said arbitrators; and every Tenants may such tenant and occupier who shall pay for the land in his oc- the rent the cupation any sum charged thereupon, under and by virtue of amounts paid the provisions of this Act, shall be, and he is hereby authorized by them. to deduct and retain out of his rent the amount of the sum of money which he shall so pay as aforesaid; but nothing herein. contained shall extend, or be construed, to enable any occupier or lessee to deduct from his rent any costs or expenses incurred by non-payment of the moneys hereby imposed or authorized to be paid. be paid. 12. Wherever a rent charge shall have become charged on When land is land belonging to Her Majesty, the said rent charge shall not be owned by the Crown, how levied or collected by the Council of the municipality in which rent charge to the said land is situated, or their collector, treasurer, or officer, but the said rent charge as it falls due, or in lieu thereof the principal sum to which the said rent charge may correspond, shall be paid over by the Commissioner of Crown Lands to the Treasurer of Ontario for Her Majesty's behoof, and the sum or When paid, sums so paid over shall be entered by the said Treasurer in the how to be separate account hereinbefore appointed to be opened in the applied. books of his department; and the said rent charges, or the principal sums received in lieu thereof, and also all other rent charges or principal sums received in lieu thereof, may continue to be applied in carrying out the purposes of this Act. entered and the lands. 13. If any dispute or difference shall arise between any Duties of parties interested or claiming to be interested in any land or arbitrators in disputes be water to be drained or improved in pursuance of this Act, tween parties touching and concerning any boundaries, or any other rights or interested in interests which the said parties, or any of them, shall have or claim to have in or over any such land or water, or touching any other matter relating thereto, it shall be lawful for the aforesaid arbitrators as well by the examination of witnesses upon oath, as by all other proper and sufficient evidence, to examine into, hear and determine the same, and such determination shall be binding and conclusive upon all parties for the purposes of this Act, but no further or otherwise 14. This Act may be cited as "The Ontario Drainage Act," Title. and may be amended or repealed by any Act to be passed in the present Session of the Legislature. CAP. Allowance to members for attendance at any session, Deductions for non-attend ance. reckoned as ance. CAP. III. An Act relating to the Indemnity to Members, and the Salary of the Speaker of the Legislative Assembly. HER [Assented to 24th December, 1869.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In each session of the Legislative Assembly there shall be allowed to each member of the Legislative Assembly, attending at such session, six dollars for each day's attendance, if the session do not extend beyond thirty days; and if the session extends beyond thirty days, then there shall be payable to each member attending at such session, a sessional allowance of four hundred and fifty dollars and no more. 2. A deduction at the rate of four dollars per day shall be made, from the said sessional allowance, for every day on which the member does not attend a sitting of the House, or of some committee thereof, provided the House sits on such What shall be day; but each day during the session, after the first on which days of attend the member attends as aforesaid, on which there has been no sitting of the House, in consequence of its having adjourned over such day, or on which the member was in the place where the session was held, but was prevented by sickness from attending any such sitting as aforesaid, shall be reckoned as a day of attendance, at such session, for the purposes of this Act, and a member shall, for the purposes aforesaid, be held to beat the place where the session is held, whenever he is within ten miles of such place. Allowance for less than thir 3. A member shall not be entitled to the said sessional ty-one days' allowance for less than thirty-one day's attendance, reckoned as aforesaid, but his allowance for any less number of days, shall be six dollars, for each day's attendance. attendance. How the compensation shall be payable. Where a person is a mem 4. The said compensation may be paid from time to time, as the member becomes entitled to it, to the extent of four dollars for each day's attendance as aforesaid, but the remainder shall be retained by the Clerk of the House, until the close of the session, when the final payment shall be made. 5. If any person is from any cause a member of the ber for only Legislative Assembly for a part only of any session, then, part of the ses provided he is a member for upwards of thirty days during such session, he shall be entitled to the sessional allowance hereinbefore mentioned, subject to the deduc sion. tion aforesaid, for non-attendance as a member, and also to a deduction of four dollars for each day of such session before he was elected, or after he ceased to be a member but if he is a member for only thirty days or less, then he shall be entitled only to six dollars for each day's attendance at such session, whatever be the length thereof. 6. There shall be also allowed to each member, ten cents for Allowance for each mile of the distance between the place of residence of such mileage. member, and the City of Toronto, reckoning such distance going and coming according to the nearest mail route, which distance shall be determined and certified by the Speaker. at the close of 7. The sum due to each member at the close of any session Final payment shall be calculated and paid to him by the clerk of the House, session. on his making and signing before the Clerk or Accountant of the House, or a Justice of the Peace, a solemn declaration, to be kept by the Clerk, stating the num- Declaration to ber of days' attendance, and the number of miles of distance be made by according to the nearest mail route, as determined and certified members. by the Speaker, for which such member is entitled to the said allowance, and the amount of such allowance, after deducting the number of days (if any) which are to be deducted under any preceding section of this Act; and such declaration may be in the form "A" hereunto annexed, and shall have the same effect as an affidavit in the same form. ance. 8. There is hereby granted to Her Majesty, out of any unap- Grant for paypropriated moneys forming part of the consolidated revenue fund ing the allow of this Province, an annual sum sufficient to enable Her Majesty to advance to the Clerk of the Legislative Assembly, such sums as are required to pay the estimated amounts of the sessional allowance herein before mentioned. account for moneys receiv 9. The Clerk of the Legislative Assembly shall account for The Clerk to all moneys received by him under this Act in the same manner as for moneys advanced to him for the contingent expen- ed by him. ses of the said Legislative Assembly, and he may apply any surplus thereof to the payment of such contingent expenses, and may supply any deficiency of such estimated amount out of any moneys in his hands applicable to the payment of such contingent expenses. ent session as 10. Notwithstanding any thing hereinbefore contained, for Special prothe present session of the Legislative Assembly, there shall be vision for presallowed to each member attending at such session a sessional to allowance. allowance of four hundred and fifty dollars, and no more: Provided that any allowance under this section shall be subject to the deductions, and be payable in the manner herein before provided with respect to the ordinary sessions of Parliament. Mileage allow. session. 11. There shall be allowed, in respect of travel to and from ed for present the present session of the Legislative Assembly, to each member ten cents for each mile of the distance between the place of residence of such member, and the City of Toronto, reckoning such distance, going and coming, according to the nearest mail route, which distance shall be determined and certified by the Speaker, and such allowance shall be payable in the manner hereinbefore provided. Speaker's sal-I ary. Title.' 12. A salary of one thousand dollars per annum shall be payable to the Speaker of the Legislative Assembly. 13. This Act may be cited as "The Members' Indemnity Act." SCHEDULE, FORM A. (See Section [7.) I, A. B., one of the members of the Legislative Assembly, solemnly declare that I reside at distant by the nearest mail route in which is miles, as determined by the Speaker of the Legislative Assembly, from the City of Toronto, where the session of the Legislative Assembly of Ontario, which began on the eight hundred and day of was held.. one thousand That the first day during the said session, on which I was present at Toronto, where the said session was held, was the day of one thousand eight hundred and That on the said day, and on each day of the said session, after the said day on which there was a sitting of the said Legislative Assembly, I attended such sitting, or a sitting of some committee thereof,* except only on days,** on of which I was prevented by sickness from attending as aforesaid, though I was then present at the said City of Toronto ***. Declared before me at (Signature), A. B. the day of C. D. Clerk, (or Accountant,) of the Legislative Assembly, (or Justice of the Peace for the of (as the case may be,) If the member attended a sitting of the House, or of some committee, on every sitting day after the first on which he so attended. omit the words from to *** ; and if his non-atten dance |