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Les diagrammes suivants iilustrent la m6thode. 1 2 3 k. 5 6 ^m ' I A£I rai ^Vi/ H' DIGEST OF THE ROADS AND WATCH AND LIGHTS ACTS, / AELilTING TO THE REVENUEi^OF THE CITY OF MONTREAl^. %k BIBMOTHEQUE -DE MONTREAL : raiMTBD AT THX MONTREAL GAZETTE OFFICE^ 25) Nittre Bamc Street, 1831. ;/ rr «^f6t2 :iOCi'3Qi(JQ>0Q,0^0^0%a / ••*v» ^ p DIGEST, &c. Digest of such portions of tfu Acts S6 Geo, III, c. 9, and 39 Geo. IIL c. 5, (commonly called the Road Acts,) partially amended by the 9 Geo, IV, c. 16y as relate to the duties of Assessors^ the mode of making an assessment^ and of the collection of all the local revenues of the City of Montreal, in virtue of thos^ Acts, > I. Of Assessors, the mode of their appointment, and their duties. The Grand Jury of the District returned to serve at the Court of Quarter Sessions, to be holden in the month of October in each year, shall annually make and present to the Justices of the said Court, a list of twenty persons, duly qualified by being good and sufficient householders, and possessed of real property within the city ; from which said list the said Justices of the said Court shall annually appoint twelve of the persons named therein to serve for one year as Assessors. Every such person so chosen as Assessor shall ac cept of the said office and serve for one ycarf count- ing from the first day of January following ; such nomination under a penalty of ten pounds currency for refusal, or neglect to signify his acoeplance a2 thereof to the Cleik of the Peace for the laid Dis« tricty within ten days after notice of such appoint- ment to hini signified or left at hit usual place of abode. The Justices of the said Court, or any three of them, (one of whom to be of the quoium)» -nay, from time to time, appoint Aiiessors in the place of those who shall refuse to serve, or who shall die or become incapable of serving, out of such list or nomination by the Grand Jury ; or if the said Grand Jury shall not have made any such list or nomination, then to appoint such persons a» they shall think fit and proper to be such Assessors ; and all persons so appointed shall serve until the first day of January then next ensuing^ under the same penalties as above-mentioned. Every Assessor, before he enters upon the exequ- tion of his trust, is required to be duly sworn befpre the Justices of the Peace in their weekly sittings, (who are authorised and required to administer such oath), to make an assessment on all lands, lots, houses and buildings, to be assessed by virtue of the Acts to that effect, within the city for which he shall serve, according to the best of his skill and judgment, without favour^ affection, partiality or prejudice to any person or persons. The said Assessors, or any three of them, shall make an estimate of the annual value of all lands^ lots, houses and buildings, to be assessed by value* and shall specify the sum to be paid by each and every person or persons occupying property so esti* mated, according to the rate of assessment for t^c year as fixed and determined upon by the Justices ef the taid Court ; and the estimate and sum to be paid bjTeaoh and every person or persons, when so made out by the sakl Assesson, or any three of theiBi tball he certified vaAti their hands and seals*. mnd deliYered to the (Herk of the Peace of the District, within two months after the caid Assessoit shall have been required, by the said Justices or any three of them, to make out and certify the same, under a penalty «f ten pounds Currency for vach Anessor who shall refuse or neglect the same. The said assessment shall be made in each year, between the tenth of May and the tenCli of June in each year. The Assessors may make such divisioii among themselves of the work to be done in making the assessment as they shall find most conveniert, pro- Tided that no portion of such assessment Ahall be deemed sufficiently made, unless the same shall have been made by at least three of the said Asses- sors ; and that in all cases where three of them, and no more, may have proceeded to make such asscFsment, and a difference of opinion among them may have occurred, the assessment shall be deemed to have been sufficiently made if two of them have concurred in opinion, and have certified and signed the estimates above required. The Assessors shall, in the time TireA for the annual assessments, go to the divel' r^v^-house of every person liable to pay a duty, br> reason of keeping a horse or horses, and demai>d to/foe inform- ed of the greatest number of horses by him or her kept for two months in the course of twelve months preceding ; or if he or she shall be absent from his or her dwelling-house, the Assessors shall leave notice that such persons must, within ten days from that time, give to the Clerk of the Peace in- formation of the number of horses by him or her kept as aforesaid ; and if any such person shall refuse to answer such question, and shall neglect, within such time, to give the said information, then the Assessors shall, from information, estimate the a3 number of hori€i by him or her kept ai aforesaid ; and the laid Auenort may add thereto any number omitted or concealed that ihall be discovered and proTcd before a Juitice, and then make a true statement of the number of horses by any such per- son kept as aforesaid. The AsseRson are also authorized and ordered to take, at the several dweliing-houses of the city, within the time fixed for making the assessment, a list of all persons above the age of twenty-one, and under the age of sixty, who, not being liable to assessment, are subject to personal labour. No person so appointed, and having served the ofiice of Assessor, shall be liable to be again appoint- ed in the seven years after such appointment and service, unless he shall consent thereto. II. Of Aasesiment, its amount^ hoto made^ col- lected and Of plied. The Justices of the Peace, at any General Quar- ter Sessions to be holden in the city^ shall and may and are empowered and required to fix and determine upon the rate of an assessment, to be made once in every year upon all and every the occupier or occupiers of land, lots, houses and buildings in proportipn to the annual value thereof^ within the city. The assessment shall not in any one year exceed the rate of sixpence in the pound of the yearly value of the lands* lots, houses and buildings so assessed, to be estimated by the assessors. The property liable to such assessment is all lands, lots, houses and buildings within the city limits, but no lot of ground, which together with the houses and buildings thereon erected, does not exceed the annual value of five pounds currency, and no lots, houses or buildings oecu- pied by any of the religioui communitici of women I hall be aiseued. All churcheiy churchyards, chapeli, meeting- houiet, ichoolsy contents, barracks, jails,dcad walls or void spaces of ground belonging to GoTemment or to any joint or incorporated body, or to any public society or private persons, and all other public buildings ;svhatsoever (except as before ex- cepted) adjoining to any market place, street, square or lane, instead of being assessed by the rule of the annual value thereof, shall be assessed at a rate to be settled by the assessors to the best of their judgment, in a reasonable proportion to the length of pavement adjoining to any such church, churchyard, chapel, meetinghouse, school, convent, barrack, jail, dead wall, void space of ground or other public building aforesaid. The estimate and assessment made, certified and delivered by the Assessors, shall be made public in such a manner as by the Justices of the Peace in the Quarter Sessions shall be deemed most con- venient, and in case any person shall be aggrieved by such assessment, it shall and may be lawful for such persons to appeal therefrom to the next Ge- neral Quarter Sesfions to be hoiden after such pub- lication, and the adjudication given in the said Quarter Sessions shall be final and conclusive touch- ing the matter in question. The said assessment shall be paid on or before the first day of July in every year, into the hands of the Road Treasurer of the District, who shall be bound to grant an acquitance for the same, gratis, to every person applying for the same. The assessment is to be paid by each and every person .occupying property estimated according to its annual value by tbe assessors, and the amount of such assessment may be deducted by the lessee A 4 9 or leueci out of the r«nt of mny l«ndf t lotn, bouse* or building;!, except when an agreement iball have been made relatiTe tp tucji aiieMment, in which caie luch agreement ih^Il be obserrcd. If aay of the buHdings, dead vmlk, or void spacci of ground herein before m^Btioned, beloiig to Hif Majesty or be qecupied for hit use, then the sum* 10 aneued shall he paid out of any unappropriated moaies in the hands of the Receiver General of the Province, upon warrant of the Governor, liieutenant Governor, or person administering the G^ivcmment for the time being, to him directed for th%t purpose ; and if any of the buildingii, dead walls or vioid spacet of ground aforeiiiid belong to any joint or incorporated body, or to any public society, the sums asseued thereon shall be respec- tively paid by the Churchwardens, Trustees or other person or persons respectively haxing the management or direction thereof, or of wy funds belongmg to the sam^* 'When an assessment shall he made upQU any house or building owned or occupied by several pei'&ons, such assessment shall he paid by any own- er or owners, occupier or occupiers of any part of such house or building, and such owner or owners so paying more than bis, her or their proportions of such assessment, is and are authoriseB to recover of the other owner or owners, what be, she or they ought to have paid of sucl^ assessment^ with all costs and charges attending the recovery of ^h^ same, ^d such occupier or occi^>ier8 so paying th^ whole sum assessed upon any such house or Uiild- ing, or a greater par^ ^hereof than hUf her or their proportion, is and are authorised to deduct the same out of the ren^ 6uf or to grow due by him, her or^them ; reserving to the owner or owners, any claim they may respectively have to reimburs^e- 9 ment ihf reof from any fucit occupier or occupitrny by irirtiic of aoy tgreenent reganliog the lamc. If any penon thall reftise or neglect to pay the KUin or lums aMewed upon him or her by any aucit- menty within thirty days after demand thereof madcy the same ihall and may be letied by war- rant under the handi and seals of any two Justices of the Peace having jurisdiction therein, by distress and sale of the gooids and chattels of the person so refuting aitd aeglectingy rendering the overplus to the owner or owners thereof, the necessary charges of making such distress and sale being first de- ducted. If any penon or persons, who hath or have been assessed, shall quit and leave the premises fur which he, she or they hath or have been Micsfedy before be, she or they shall have paid such assess- ment, and shall afterwards reftise or neglect to pay the same when due and demanded, it sImII and may be lawful to raise the amount of such assess- ment by distress and sale of goods and chattels of the person or persons so refusing or neglecting to pay, in the same manner at assessments are berein before directed to be recovered* The assessment shall be applied towards the, making, mending^ and keeping in repair the streets, causeways, pavements, bridges, drains, water courses, sewers, market places^ squares ana lanes within the Hmits of the city» wherein sudi , assessment shall be made. The Justices, in any General or Special Scssiona ' of the Peace« may grant abatement oreiemptioniB favor of penons liable to assessmcsntt in IIm cases and in manner as herein after menlkmed rdativa to personal labour. No suit or action shaU be commenced or brought 10 If ' against any pei'son ov persons by reason of the non- payment of the assessment, until fifteen days notifi- cation shall have been given in the Gazette and by the public crier or bellman, under the direction of the Justices. III. Of the duty on Horse*, by whom paiJj and how estimated. There shall be paid to the Road Treasurer, on or before the first day of July in every year, by every person keeping a horse or horses within the city, for every horse (colt excepted) that any such person shall keep, the sum of seven shillings and sixpence, in aid of the funds for making, mending, and keeping in repair, the streets, Ac. of the city, . and such payment shall be held and taken instead of the labour or composition money required by every horse, by the Act 86 Geo. III. c. 9. No duty shall be required or received for any horse or horses kept by any ofiicer of any regiment, or part of a regiment or corps in Garrison in this city, for the time being, unless that any such officer be upon the staff of the Army serving in this Pro- vince, or upon the staff of the Garrison. If any person refuses to inform the Assessors of the greatest number of horses by him pr her kept, for two months in the course of twelve mouths pre- ceding, or if notified by the Assessors so to do« shall neglect, within ten days, to give to the Clerk of the Peace information of the number of horses by him or her kept as aforesaid, the Assessors may, from information, estimate the number of horses by him or her kept as aforesaid, and such estimate shall be conclusive upon every such person, unless such person shall prove before one or more Justices, upon his or her oath, (which he or they are autho- rised to administer) any overcharge in such esti- 11 mate, in which caie, such oTcrcharge shall be dc. ducted therefrom. If any person, upon ofiicial application being made to him or her for such purpose as aforesaid, shall give, cither in writing or Terbally, an untrue account of the number of horses possessed by him or her within the space of the last twelve months, for which he or she may be chargeable with the duty, or shall wilfully conceal that he dr she has been, or is possessed of any one or more horses for which the said duty ought to be paid, with an in- tent to evade the payment of the same, and shall be thereof duly convicted before any one of His Ma- jesty*s Justices of the Peace for the city, the said offender shall be adjudged and condemned to pay the sum of fifteen shillings over and above the duty due by law for each and every horse so concealed, as aforesaid, one moiety of which penalty shall be paid to the prosecutor, and the other moiety to the Road Treasurer for the general purposes of the Road Act. 'lae keeping a horse or horses for the space of two months, in the course of twelve calendar months preceding the time of assessment, shall be considered keeping a horse or horses within the meaning of the law, and shall subject the owner or owners thereof to the payment of the duty. IV. Of Personal (or Statute J Labour^ and the persons liable thereto^ and how compounded^ and when abated. Every male inhabitant living within the limits of the city, of the age of twenty-one and under the age of siity years, not being bona fide an appren- tice, or regular student in the Seminaries, Colleges or public schools, and who shall not be liable to contribute by assessment to the funds of the eity, 19 shall be liable to labour upon the highways, &c. and the proportion of such labour shall be regu- lated by the amount of the assessment or rate directed to be levied, that is to say, that a day's labour shall he required and performed of and by every person so liable as aforesaid, for every penny whereof the said assessment shall consist, provided always that it shall and may be lawful for every person so disposed, to compound for the same by the payment at any time in the month of June in every year, of the sum of five pence for every day *• labour so to be performed. No person, who shall have contributed and paid his due proportion to the assessment, shall be called upon to perform or pay, or shall be liable to per- form the personal labour or pay the composition money aCoresaid^ in respect of the said highways^ roads, &c. The personal contribution or labour herein before mentioned shall not be required of or from any officer, non-commissioned officer or soldier of any regiment or corps in Garrison in the said city for the time being, unless that any such officer be upon the Staff of the Army serving in the Province or upon the Staff df the Garrison, It shall be lawful for the Justices in any General or Special Sessions of the Peace held in said city, to grant abatement or exemption in favor of per- sons liable to the said labour^ not being Hable to contribute hy assessment of property, on satisfactory proof being produced by certificate from the es- tablished clergymen of the city respectively, ^r ftom the Captain of the Company o£ Militia to which such person shall belong, that such person or persons are burthened with families of young children, or that they have within the last tivelve months laboured under sickness or infirmities. 13 whereby they have been preirented from obtaining a livelihood. Y. Of the dutjf paymble by the keepers of homes of public entertainment t and natailers of spir- ituous liquors. Etery person or persons keeping a house or place of public entertainment, or retailing spirituous li- quors within the city, shall pay yearly into the hands of the Koad Treasurer^ the slim of two pounds current money of the Province^ oter and above all duties such person or persons are or shall be bound to pay. And no person shall receive from the Secretary of the Province, or from his Agent, a licence to keep a house or place of public entertainment, or to retail spirituous liquors within the city, without having previously deposited witk the Secretary or his Agent, a receipt signed by the Koad IVeasurer for the sum of two pounds received by the said Road Treasurer, from such person as aforesaid, and for the year for which such licence is intended to senre. YI. Of the Road Treasurer^ hotb appointed, and th4 duties of his ojfice. The Justices of the Peate, in their General Quarter Sessions in the month of October, annuatl^y shall appoint a fit and proper person to be Koad Treamrer, for the receival add payment of all mo. nies to be collected^ levied and raised by virtue of the Road Act, either by assettments, compositions, or fines and forfeitures, or otherwise within the limits of the said crty ; and the person so appoint- ed Road Treasurer th$i\ give such security for the fiMthfuf discharge of his tnt«t, ai to the said Justices shall seem reasonahle. The monies receited by the Koad Treasurer 14 shall be paid by him for the purposet authorized by the Road Act, only upon the order of a Justice of the Peace, or a Surveyor, or of an Overseer, cer- tified or allowed by a Justice of the Peace, or a Sjurveyor, specifying the purpose for which any money is to be paid, which orders, with receipts thereon from the person or persons receiving such money, shall be vouchers to the said Treasurer for such payments. The Road Treasurer shall, and may, and is authorized to retain twelvepence in the pound of all such monies as shall come into his hand, in virtue of the Road Acts, as a recompcnce for his trouble in receiving and paying the same. The Road Treasurer shall keep, or cause to be kept, one or more book or books, containing a just and true account, to be verified on oath if required, (which oath the Justices are hereby authorised to administer) of all such money as shall have come to his hand, by virtue of and for the purposes of the Road Act. The accounts of the Road Treasurer shall at all times be open to the inspection of the Justices, and the same shall be by him delivered in for the pur« pose of examination by the said Justices, and of being by them allowed or disallowed at some of their special Sessions, to be hold en for that purpose in the month of December in every year, and the said Justices are required to examine such account of monies received and paid, and to allow the same, if found right, or to disallow such part or parts thereof, as shall not be explained and proved to the satisfaction of the said Justices. If the Road Treasurer makes default in account- ing for, or paying as herein above directed^ any monies which the said Justices shall adjudge to be 15 in his h«ndi, he shall forfeit and pay double the va- lue of the money so adjudged to be in his hands. The Road Treasurer is authorized to institute the necessary prosecutions against all and every person or persons, who shall have neglected, or re- fused to pay the sums due by them, agreeable to, and under the authority of the Acts S6 Geo. III. c. 9, atid 39 Geo. III. c. 5, to wit, the assessment — the duty of seven shillings and sixpence on horses — the composition for personal labour — and the duty on the selling and retailing of spirituous li- quors. VIL Of Special Sessions for the purposes of the Road Acts. It shall and may be lawful for any three or more Justices Cone whereof shall be of the quorum) within the city, and they are empowered from time to time, whenever they shall judge proper, to hold any special Sessions, besides those whp'ch are herein before directed, for executing the purposes of the Road Acts, and to adjourn the same from time to time, as they shall think fit, causing notice to be given of the time and place of holding such special Sessions, and of the adjournments thereof, to the several Justices acting and residing within such city, by Aesed upon, and shall be raised, levied, collected and paid by all and every person or per^ sons, vending or retailing ale or cider, or other fer** mented intoxicating liquor, to be drunk in th^ house of the vender or retailer, which rate or duty shall, by the Road Treasurer, be also exacted, raised, levied, collected, and if need be, sued for, as prescribed and authorised in the Act 58 Geo. III. c. 2. No person or persons shall hereafter v^nd or retail a,ay ale or cider, or other fermented intoxi- cating liquors, unless a licence for that purpose shall naye previously been ob^iiied, in the inaQner and under the like bonds at the time specified and required by the 2d, 3d and 6th Sections of the the Act 35 Geo. III. c. 6, nor until the rate or duty imposed^ shall have been paid tnlo the hands of the Road Trensurer, as provided in the Act SB Geo. III.c. 6i roee. cutor and the bther noiety (br t4if uie of Hii M*. jeity, Aiid ivfery riuth VbifeiCUfe shiill be kned for and recovered by action si la#« to be broaglrt by fueh protecutor in any Court of Record for the Diftrict in which tlie ofence was tottittiitted. Provided alwayi^ that such action ihall be btou^ht within three months next aher the oir<6nce shhll have been committed, and not after. {toothing in this said Act contkineid shall Extend or be construed to extend to prevent any person or penions beinig subjects of llis Majesty froni selUkiK without such Hbence all lands, tenements and goods belonging to ilis Majesty, his heirs and succes. sort, and all lands, houses and other iiiiinoveables whatsoever, and all goods and chattels which shall or may be seized by any pbbllc oMcer for, 6r oil ac count of ally forfeiture or forfeitures, penalty or ^enaltits^atlgoodkaadtffeictsof deceased persons, orappertaimng to iDttoo/ti^fcnls He CxtmmUnauUs, M* goods distrained for rient or takda in execution, • ieffeotk void for the benefit of churches, usufruct imd pr6due« of thevstate of 'minors, of absented, •brtf penonn interdictSrd^ hor to subject them to any dtiity^ fin< kk penalty for having sold such pro- perty abd effect! witbout such licence. VlU. 0/ the Road TtetL^rer^a laihvfante and dutm^hder'theiejidt. "irhe ftoad l^reaturer shall be entitled to have, receive and retain, for aiid in cohsideratioh of his trouble in levying, collecting and paying the monies to be by tifih levied, tibliected HM pbid fti virtue of th>: ^^c^iftitiehtioned Acts, kt the rat^ of t#o and a hitlf pet c'eht. upoh the grioits u^ibtTht of aH the 2i roonief, which may at any time hereafter come into hii handi under and by virtue of the laid Acts. It ihall be the duty of the Road Treanirer, upott the orden to him given by three Justieei of the Peace in the city, to institute and conduct to final judgment and execution the proeccutione neceuary for compelling payment of any moniety which it it hereby made the duty of any penon or penons'to pay, and the mode of protecution ihall be by action in Hit Majetty'i Court of King's Bench, and in caiei where judgment thall be giten in favor of the Road Treasurer, the Court may levy the amount thereof, with the costs of suit, which may be tated, by execution, seisure and sale of the moveable effects belonging to the offender or offenders.