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 slips, tissuaa. etc., heve been ref limed to 
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 obtanir la mailleure imaga poaaibia. 
 
 Thia item is filmed at the reduction ratio checked below/ 
 
 Ce docu-nent eat fiimA au taux da rAduction indiquA ci-daaaoua. 
 
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Tlw copy fUnrad Imt* has bc«n raproduewl thanks 
 to ths gsnaroslty of: 
 
 Douglas Library 
 Quoan's Unhrarsity 
 
 L'axamplaira ffHmA fut raproduit griea A la 
 oAnArosMda: 
 
 Douglas Library 
 Quaan's Univarsity 
 
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 Tlie last recorded freme on eech microfiche 
 shell contein the symbol — ^> (meening "CON- 
 TINUED"), or the symbol ▼ (meening "END"), 
 whichever epplies. 
 
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 Lorsque ki document est trop grend pour Atre 
 reproduit en un seul clichA, 11 est fUmi A pertlr 
 de I'angle supArleur geuche, de geuche A droite, 
 et de heut en bee, en prenent le nombre 
 d'Imegee nAcesseire. Lee diagrammes suhrants 
 lllustrent le mAthode. 
 
 1 2 3 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
T 
 
 isci 
 
THE CHAR TEE 
 
 or THB 
 
 CITY OF MONTREAL; 
 
 TOQBTBXB WITB 
 
 KSCELUHEODS ACTS OF THE LEQISUTDBE REUTIM TO THE CITT : 
 
 COMPILED BT OBDER OF THE CITY C0C5CIL. 
 
 •T 
 
 CHS. GLACKMEYER, 
 
 OITT CLERK. 
 
 PRINTED BY JOHN LOVELL, ST. NICHOLAS STREET. 
 
 - 1866. 
 
,1. G-5 
 .5 
 
 171580 
 
M 
 
P^RT FIRST. 
 
 CITY CHARTER AND OTHER ACTS 
 
 or 
 
 THE LEGISLATURE, 
 
 BBLATIKO TO 
 
 THE CITr OF MONTREAL. 
 
CI 
 
 An 
 
 C 
 C 
 
 Si' 
 
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 of th 
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 in th 
 
CHARTER OF THE CITY OF MONTREAL. 
 
 (14 AND 16 ViCTOMA, Cap. 128.) 
 
 An Act to amend and consolidate the pro- 
 visions of the Ordinance to incorporate the 
 City and Town of Montreal, and of a certain 
 Ordinance and certain Acts amending the 
 same, and to vest certain other powers in 
 the Corporation of the said City of Mon- 
 
 treal. 
 
 (^Sanctioned on the ^Oth August, 1861.) 
 
 WHEREAS it is expedient to amend and consolidate the Preamble, 
 provisions of two certain Ordinances of the Legislature 
 of the heretofore Province of Lower Canada, made and 
 passed in the fourth year of Her Majesty's Reign, and 
 respectively intituled, An Ordinance to incorporate the City ordinances of 3 
 and Town of Montreal, and An Ordinance to amend the and ae, cited! 
 Ordinance to incorporate the Oity and Town of Montreal, 
 and of certain Acts of the Legislature of this Province, 
 passed in the eighth, ninth and eleventh years of Her 
 Majesty's Reign, and respectively intituled. An Act to ordinances of s 
 amend and consolidate the provisions of the Ordinance to vie'.', c.'2i and 
 incorporate the City and Town of Montreal, and of a iilTited. ' 
 certain Ordinance amending that Ordinance, and to vest 
 certain other powers in the Corporation created by the said 
 first mentioned Ordinance, — An Act to amend the Laws 
 incorporating the City of Montreal, and to facilitate the 
 decision of cases wherein the right of any party to any office 
 in the Corporation may he called in question, — An Act to 
 
OUT CHARTER AND OTHER ACTS. 
 
 Corporation 
 continued. 
 
 amend an Act therein mentioned^ and to make better pro- 
 vision for the Election of Councillors and Assessors of and 
 for the City of Mordreal^ — and An Act to amend the Laws 
 relating to the Incorporation of the City of Montreal, and to 
 vest certain other powers in the Corporation of the Mayor, 
 Aldermen and Citizens of the City of Montreal, constituted 
 by the said Ordinance therein first mentioned : Be it there- 
 fore enacted by the Queen's Most Excellent Majesty, by and 
 with the advice and consent of the Legislative Council and 
 of the Legislative Assembly of the Province of Canada, 
 constituted and assembled by virtue of and under the 
 authority of an Act passed in the ^Parliament of the United 
 Kingdom of Great Britain and Ireland, and intituled. An Act 
 to re-unite the Provinces of Upper and Lower Canada, and 
 for the Government of Canada ; and it is hereby enacted by 
 the authority of the same. That the inhabitants of the said 
 City and Town of Montreal, and their successors, inhabitants 
 of the same, incorporated under the said Ordinance herein 
 first mentioned, shall continue to be, and shall be, as pro- 
 vided in and by the said Ordinance herein first mentioned, a 
 body corporate in fact and in name, by and under the name, 
 style and title of The Mayor, Aldermen and Citizens of the 
 City of Montreal, and as such shall have perpetual succession, 
 and a Common Seal, with power to break, renew, change and 
 alter the same at pleasure ; and shall be capable of suing and 
 being sued, and of impleading and being impleaded, in all 
 Courts of Law and Equity, and other places, in all manner 
 of actions, causes and matters whatsoever, and of accepting, 
 taking, purchasing and holding goods and chattels, lands 
 and tenements, real and personal, movable and immovable 
 estate, and of granting, selling, alienating, assigning,- demis- 
 ing and conveying the same, and of entering into and 
 becoming a party to contracts, and for granting and accept- 
 ing' any Bills, Bonds, Judgments or other Instruments or 
 Securities, for the payment or securing of the payment of 
 any money borrowed or lent, or the performance, or securing 
 the performance, of any other duty, matter or thing what- 
 soever. 
 
 (jcncral cor- 
 Iiorato powers 
 f; ranted. 
 
V 
 
 OITT CHARTER AND OTHER ACTS. 
 
 2. And be it enacted, That for the purposes mentioned Powen to grant 
 in the preceding section of this Act, and especially for the 
 payment or securing the payment of any money borrowed, 
 
 for the purpose of paying loans already made, or debts now 
 owing by the said Corporation, or of taking up Bonds that 
 may be due or may hereafter become due, or for the purpose 
 of making a new loan or loans, to the extent hereinafter by 
 the fifty-second and fifty-third sections of this Act prescribed, 
 or for any other legitimate and sufiicient purpose whatsoever, 
 the said Council may grant and issue Bonds for the sum or 
 sums of money therein to be specified, payable at such time 
 and times after the granting and issuing thereof, and in such 
 place or places in this Province, in the United States of 
 America, in any part of Great Britain, or elsewhere, and 
 either in the currency of this Province, or in sterling money, 
 or in the currency Of the country where the same may be 
 respectively made payable, as by the said Council may be 
 thought. advantageous or expedient. 
 
 3. And be it enacted. That the tract of land which, in Limits of tiie 
 and by a certain Proclamation of His Excellency Alured reaf defined. 
 Clarke, Esquire, Lieutenant-Governor of the heretofore Pro- 
 vince of Lower Canada, issued under the Great Seal of the 
 
 said last mentioned Province, and bearing date the seventh 
 day of May, in the year of our Lord, one thousand seven 
 hundred and ninety-two, was and is described as being 
 comprehended within the City and Town of Montreal, and 
 which it was therein declared, should be thenceforward called 
 by that name, shall, as provided by the said Ordinance herein 
 first mentioned, constitute and be, and be called, the City of 
 Montreal. 
 
 4. And be it enacted^ That for the purposes of this Act, city divided jn- 
 the said City of Montreal shall, from and after the passing of 
 
 this Act, be divided, for the purposes of the same, into nine' 
 Wards, called respectively. East Ward, Centre Ward, West 
 Ward, Saint Anne's Ward, Saint Antoine Ward, Saint Law- 
 rence Ward, Saint Louis Ward, Saint James Ward, and 
 Saint Mary's Ward, 
 
 5. And be it enacted. That the said wards of the City of Boundaries of 
 
CITY CHARTER AND OTHER ACTS. 
 
 the gevenl 
 Wards. 
 
 Efut Ward. 
 
 Centre Ward. 
 
 Wo«t Ward. 
 
 Montreal shall be divided, bounded and limited as follows, 
 that is to say : 
 
 The Hast Ward of the said city, on the south-east by that 
 part of the River Saint Lawrence opposite to, and extending 
 from Lacroix Street to the extremity of Walker Lane ; on the 
 south-west by the middle of Walker Lane and Saint Gabriel 
 Street, to Craig Street; on the north-west by the middte 
 of Craig Street, from Saint Gabriel Street aforesaid, to 
 Sanguinet Street, and continuing down Sanguinet Street 
 until it meets Saint Louis Street, from thence, along the 
 middle of the said Saint Louis Street, to where the said Samt 
 Louis Street meetti Lacroix Street aforesaid ; lastly, on the 
 north-east by the centre of Lacroix Street aforesaid, from 
 Saint Louis Street aforesaid to the River or point of departure. 
 
 The Centre Ward of the said city shall continue to be, 
 and shall be divided, bounded and limited as follows, that is 
 to say : on the south-east by that part of the River Saint 
 Lawrence opposite to, and extending from the middle of 
 Walker Lane to the middle of the extremity of Callidres 
 Street ; on the south-west by the middle of the said Callidres 
 Street, and crossing the interval between the said Callidres 
 Street and Saint Francois Xavier Street, by the middle of 
 Saint Frangois Xavier Street, to Craig Street ; on the north- 
 west by the middle of Craig Street to Saint Gabriel Street ; 
 and lastly, on the north-east by the middle of the said Saint 
 Gabriel Street and Walker Lane, to the River, or point of 
 departure. 
 
 The West Ward of the said city shall continue to be, and 
 shall be liivided, bounded and limited as follows, that is to 
 say : on the south-east by that part of the River Saint 
 Lawrence opposite to, and extending from the middle of the 
 extremity of CalliSres Street to the middle of the extremity 
 of M'Gill Street; on the south-west by a line passing through 
 the centre of M*GiH Street and through Commissioners* 
 Square, to Craig Street ; on the north-west by the middle 
 of Craig Street as far as Saint Francois Xavier Street ; and 
 [lastly, on the north-east by the middle of Saint Fran9oi8 
 
CITT CHARTER AND OTHER ACTS. 
 
 Ward. 
 
 Ward. 
 
 Xavier Street and Gallidres Street, to the Biver, or point of 
 departure. 
 
 The Saint Anne* 8 Ward shall be bounded as follows : on saint Anne't 
 the north-east bj the centre of M^Gill Street, commencing 
 at the River Saint Lawrence ; thence north, along the centre 
 of M^Gill Street, to its junction with the centre of Saint 
 Joseph Street ; thence along the centre of Saint Joseph 
 Street to the City boundary ; thence along the said boundary 
 line in a south-easterly direction, to the River Saint Law- 
 rence, and thence to the place of beginning. 
 
 The tSaint Antoine Ward shall be bounded as follows : on saint Antotne 
 the north-east by the centre of M' Gill Street, and through 
 Commissioners' Square to Craig Street; thence north, 
 through the centre of Craig Street, to Alexander Street ; 
 thence, through the centre of Alexander Street, to the centre 
 of Saint Catherine Street ; thence, the north-west side of the 
 centre of Saint Catherine Street to City Councillors' Street ; 
 thence, the south-west side of City Councillors' Street to 
 Sherbrooke Street ; thence, the north-west side of the centre 
 of Sherbrooke Street to Durocher Street ; thence, the south- 
 west side of the centre of Durocher Street, and the extension 
 of the same to City boundary line ; thence, along the same 
 line so far as it may extend towards the south-west ; thence, 
 along the said line, in a south-east direction, to the centre of 
 Saint Joseph Street ; thence, to the north-west of the centre 
 of Saint Joseph Street, till intersecting the centre of M'Gill 
 Street, the point of commencement. 
 
 The Saint Lawrence Ward shall be bounded as follows: SHint Lawrenov 
 on the north-west side of the centre of Craig Street, commen- 
 cing at Saint Lawrence Main Street, and continuing to Alex- 
 ander Street ; thence, the north-east side of the centre of 
 Alexander Street, to Sunt Catherine Street ; thence, the 
 north-west side of the centre of Saint Catherine Street 
 to City Councillors' Street; thence, the north-east side of 
 the centre of City Councillors* Street, to Sherbrooke Street ; 
 thence, the south-east side of the centre of Sherbrooke Street, 
 to Durocher Street ; thence, the north-east side of the centre 
 of Durocher Street, to the City boundary line ; thence, along 
 
 Ward. 
 
8 
 
 CITY CHARTER AND OTHER ACTS. 
 
 gaint Lewis 
 Ward. 
 
 Saint Jamos 
 Ward. 
 
 the said line towards the north-east, until the same joins the 
 centre of Saint Lawrence Main Street ; thence, the south- 
 west side of the centre of Saint Lawrence Main Street, to 
 Craig Street, or the place of beginning. 
 
 The Saint Lewis Ward shall be bounded as follows : 
 commencing at the centre of Saint Louis and Saint Denis 
 Streets, continuing south-west along the centre of Saint Louis 
 Street to Sanguinet Street ; thence, along the centre of San- 
 guinet Street until intersecting the centre of Craig Street ; 
 thence, the north-west of the centre line of Craig Street, 
 until it arrives at the middle of Saint Lawrence Main Street ; 
 thence, the north-east side of the centre of Saint Lawrence 
 Main Street, to the City boundary line ; thence, along the 
 said line, towards the north-east, until intersecting the centre 
 of Saint Denis Street ; thence, the south-west of the centre 
 of Saint Denis Street, to the middle of Samt Louis Street, 
 the point of commencement. 
 
 The Saint James Ward shall be bounded as follows : the 
 north-east side of the centre of Lacroix Street, commencing 
 at the River Saint Lawrence and continuing to Saint Louis 
 Street; from thence, the north-west side of the centre of 
 Saint Louis Street, to Saint Denis Street ; from thence, the 
 north-east side of the centre of Saint Denis Street, with the 
 extension thereof, to the City boundary ; thence, along the 
 City boundary line towards the north-east until it intersects 
 the continuation of the centre of Visitation Street ; thence, 
 continuing the said line of the centre of Visitation Street, in 
 a south-east direction, until the same shall reach Saint Mary 
 Street ; and thence, from the centre of Barclay Street, to the 
 River Saint Lawrence ; and thence, along the said River, to 
 the place of beginning. 
 
 The Saint Mary's Ward shall be bounded as follows : the 
 north-east side of the centre of Barclay Street, commencing 
 at the River Saint Lawrence, to Saint Mary Street ; and 
 thence, continuing from the centre of Visitation Street to the 
 City boundary lino ; thence, along the said line, towards the 
 north-east, so far as the same may be found to extend ; 
 thence, continuing the said line in a south-easterly direction 
 
 Saint Mary'a 
 Ward. 
 
CITY CHARTER AND OTflBR ACTS. 
 
 9 
 
 until the same shall reach the River Saint Lawrence ; and 
 thence, along the said River, to the place of commencement. 
 6. And be it enacted. That there shall be elected in the 
 manner hereinafter mentioned, one fit person, who shall be 
 and be called the Mayor of the said City of Montreal, and a 
 certain number of fit persons, who shall be and be called 
 Aldermen of the said city, and a certain number of other fit 
 persons, who shall be and be called Councillors of the said 
 city ; and such Mayor, Aldermen and Councillors, for the 
 
 Mayor, Alder- 
 men, and Coun- 
 cillors to bo 
 elected, and to 
 be called the 
 Council of the 
 City. 
 
 time being, shall be and be called the Council of the said 
 
 city. 
 
 7. And be it enacted. That no person shall be capable 
 of being elected Mayor of the City of Montreal, or an Alder- 
 man thereof, unless he shall have been a resident householder 
 within the said city for one year next before such election, 
 and unless he shall be seized and possessed, to his own use, 
 of real or personal estate, or both, within the said city, after 
 payment or deduction of his just debts, of the value of one 
 thousand pounds currency. 
 
 8. And be it enacted. That no person shall be capable 
 of being elected a Councillor of the said City of Montreal, 
 unless he shall have been a resident householder within the 
 said city for one year next before such election, and unless 
 he shall be seized or possessed, to his own use, of real or per- 
 sonal estate, or both, within the said city, after payment or 
 deduction of his just debts, of the value of five hundred pounds 
 currency. 
 
 9. And bo it enacted. That no person shall bo capable 
 of being elected Mayor, Alderman or Councillor of the said 
 City of Montreal, or of voting at any election of city officers, 
 who shall not be a natural bom or naturalized subject of Her 
 Majesty and of the full ago of twenty-one years ; nor shall 
 any person be capable of voting or of being elected at any 
 such election who shall have been attainted for treason or 
 felony, in any court of law within any of Her Majesty's domin- 
 ions. 
 
 10. And be it enacted, That no person being in Holy 
 Orders, or being a Minister or Teacher of any Dissenting or 
 
 B 
 
 Qualification 
 for Alderman. 
 
 Qualiflcation 
 for Councillor. 
 
 Persona inca- 
 pable of beinx 
 elected Mayor, 
 Aldermen, or 
 Councillorn, or 
 of voting at any 
 election of city 
 offlcors. 
 
 rertons inca- 
 pable of being 
 olootod I'oun- 
 oillon. 
 
10 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Election of 
 Mayor, fcc. 
 
 Religious Sect, nor any Judge or Judges, Clerk or Clerks of 
 any Court, or any Member of the Executive Council, nor any 
 person accountable for the city revenue, or receiving any 
 pecuniary allowance from the city for his services, or any 
 officer or person presiding at an election of a councillor or 
 councillors, while so presiding, nor any clerk or assistant 
 employed by him at any such election, while so employed, 
 shall be capable of being elected a Councillor for the said 
 city, or of being a Mayor, an Alderman or a Councillor of 
 the said city. 
 
 [Section 11, relative to the qualification of Voters, repealed 
 by 4th section of 23 Vic, cap. 72.] 
 
 12. And be it enacted. That the Mayor of the said city 
 shall be elected by the majority of the votes of all the Elec- 
 tors of the said city, qualified as aforesaid, taken in the 
 wards in which they are severally and respectively entitled to 
 vote in the election of councillors as aforesaid. 
 
 13. And whereas provision for the Registry of Voters 
 has been found equitable and convenient. Be it enacted. That 
 before the first day of January, in every year, the Assessors 
 hereinafter mentioned shall make out from the last Assess- 
 ment Roll, an alphabetical list of the Voters qualified to vote 
 at the election of Councillors in each ward, to be called 
 " The Voters' List," to which they shall add the names of all 
 such persons, not on the said Assessment Roll, as they know 
 are then entitled to vote at such election, according to the 
 provisions of this Act, and the said Assessors shall sign such 
 list, certifying that it is correct to the best of their knowledge 
 and belief, (and shall also keep a true copy thereof,) which 
 list they shall deliver to the City Clerk, to be by him sub- 
 mitted to the Board of Revisers. 
 
 The Voters' 
 Lint. 
 
 Lists to bo pub- 14. And be it enacted. That the said list shall be kept 
 ibr one month, in the City Hall for the examination of all concerned, at 
 reasonable hours, from the first to the fifteenth day of January, 
 inclusive, of which fact the City Clerk shall give immediate 
 public notice, cither by printed placards, or by advertisement 
 in not less than one newspaper published in the English lan- 
 guage, and one published in the French language, in the said 
 
CITY CHAETEB AND OTHER ACTS. 
 
 11 
 
 city ; and any person who shall claim to be added to the said ciainw, how to 
 
 " Voters' List," or any elector who shall desire to have any 
 
 name erased therefrom, shall prefer his request in writing, 
 
 signed with his name, stating the ward to which he belongs, 
 
 and shall cause the same to be delivered to the City Clerk on 
 
 or before the said fifteenth day of January. 
 
 15. And be it enacted. That at their last Quarterly Meet- Board of Be- 
 
 . «.i.» i /^- n visors to bo 
 
 ing m every year after the passing of this Act, the City Coun- appointed-its 
 cil shall choose from among their own number four Members 
 of the said Council, who, together with the Mayor for the 
 time being, shall be and constitute a Board of Revisers, any 
 three of whom shall be a quorum to revise the said Voters' 
 List, 8ind decide, according to the best of their judgment, 
 upon the claims previously made as aforesaid, for the insertion 
 or omission of names in or from the said Lists ; and the 
 Mayor, or in his absence, such person as the other members 
 of the Board shall choose at the meeting, shall preside at the who shall pre- 
 meeting of the Board, and such Board shall, on their first 
 day of meeting, be duly sworn by one Justice of the Peace 
 for the District of Montreal, well and impartially to perform 
 their duties as such Revisers ; and the said Board shall give Board to gjvo 
 public notice, before their first day of sitting, of the order in order of pro- 
 which they will take up the Lists of the several Wards ; and 
 they shall meet on the twentieth day of January, or on the 
 day following, if that day be a holiday, at ten o'clock in the 
 forenoon, for the purpose of hearing persons concerned in 
 making the said claims, and deciding upon them, and shall 
 adjourn from day to day until all the Voters' Lists are revised 
 and settled ; and the Mayor or peraon presiding at the said 
 Board for the time being, shall have power to examine per- 
 sons upon oath respecting the said claims and all matters 
 connected with the revision of the said Lists ; and the said 
 Board, after hearing the best evidence of which the cases will 
 admit, shall, and they are hereby required to decide ujjon and 
 make the necessary additions or erasures to or from the said 
 Voters' Lists, in relation to the applications before them ; and 
 the said Board shall also have power to correct any mistake, 
 or supply any accidental omission made by Assessors in the 
 
12 
 
 CITY CHARTER AND OTHER ACTS. 
 
 said Lists ; and the said Lists, so revised and settled, shall be 
 
 signed by the presiding Officer of the said Board, and sealed 
 
 with the City Seal, and shall be the only, correct Voters' 
 
 I'rovifo; Lists, Lists : Provided always, that the said lists shall be finally 
 
 piotcd.and Completed- before the tenth day of February : And provided 
 
 voters to receive . \, , , , n , *, « a .1 
 
 notice of objeo- also, that no person s name shall be erased from any of the 
 said Lists without his being informed of the claim to that effect, 
 and having an opportunity to be heard in reference thereto. 
 
 Publication of 
 tlio revised lists. 
 
 16. And be it enacted, that the Voters' List for each 
 Ward, when so settled and signed, shall be again placed and 
 kept in the City Hall until after the close of the elections, 
 I'orsons named and shall then be filed in the office of the City Clerk ; and 
 
 in tliem, produ- • 1 iir j 
 
 oing a certifl- that cvcry porsou whose name shall appear m such. Ward 
 
 cato, may vote. ft- * * 
 
 List, and who shall produce a certificate as hereinafter men- 
 tioned, shall be entitled to vote at the election for Mayor of 
 the said city, and for a Councillor or Councillors, as the case 
 may be, for sueh ward, without any further enquiry as to his 
 qualification, and without taking any oath other than that he 
 is the person named in such list, and has not before voted at 
 such election, which oath the Mayor, or any Alderman or 
 Councillor, or the Recorder of the said city, is hereby re- 
 quired and authorised to administer. 
 Voters to obtain 17. And be it enacted, That on the application of any 
 nottovote'witii- porson whosc name shall be on the Voters' List for any ward, 
 at any time on or after the fifteenth day of the said month 
 of February, and until the close of the said elections, the 
 City Clerk shall deliver to such person a certificate signed 
 by him, that the name of such person is on the Voters' List 
 for such ward, and that he is entitled to vote at the election 
 to be held for Mayor of the said city, and for a Councillor 
 or Councillors for such ward, and such certificate shall be 
 deposited by the Voters in the City Hall in the manner here- 
 inafter provided.; and no person shall be entitled to vote 
 at the election without producing and delivering such cer. 
 tificate, although his name be on the Voters' List for the 
 ward. 
 Public notico of 18. And bo it enacted. That public notice shall be 
 lko.,"obogimi. given by the City Clerk, in both languages, and in at least 
 
CITY CHARTER AND OTHER ACTS. 
 
 18 
 
 one newspaper published in the English language, and in one 
 published in the French language in the said city, of the 
 time when the elections shall be held, and the said certifi- 
 cates may be deposited in the City Hall ; such notice being 
 *^ven at least three days before the election to which it shall 
 refer ; but no want of or defect in such notice shall vitiate 
 any election. 
 
 19. And be it enacted. That the election of Mayor and Election of 
 Councillors aforesaid shall annually take place and be held in counciuore. 
 manner following, to wit : The Corporation of the said city 
 shall cause books to be prepared in which shall annually be 
 entered and recorded the names of all persons who, being 
 qualified to vote at the said elections, shall produce and 
 deposit their certificates of qualification in the City Hall of 
 the said city at any time between the hours of nine o'clock 
 in the forenoon and four o'clock in the afternoon, from the 
 fifteenth day of the month of February until Thursday inter- 
 vening between the first and second Mondays in the month 
 of March, in each year, both days inclusive ; that the said 
 certificate shall be prepared and made out on a sheet of 
 paper having two leaves thereto, on the inner one of which 
 shall be printed or stamped blank lines, followed by the words, 
 " For Mayor," and " For Councillor in the 
 Ward," printed or stamped as follows, to wit : 
 
 For Mayor, 
 
 For Councillor in the Ward. 
 
 For Councillor in the Ward. 
 
 That the party entitled to the said certificate, and desirous 
 of voting, shall fill up the said blanks, or, if unable to write, 
 shall cause the same to be filled up in the presence of two 
 subscribing witnesses, with the names of those persons for 
 whom ho may desire to vote, and whom he may wish to have 
 elected Mayor of the said city and Councillor or Councillors 
 thereof, as the case may be, for the Ward in which he is 
 entitled to vote ; That the holders of the said certificates 
 being the parties named therein, may produce the same to 
 the City Clerk of the said city, in the City Hall thereof, at 
 any time within the hours and periods hereinbefore specified, 
 
14 
 
 CITY CHARTER AND OTHER ACTS. 
 
 and after entry made by the City Clerk of the name of the 
 said Voter, and the date of the production of the said cer- 
 tificate, the holder thereof being the party named therein as 
 aforesaid, may deposit the said certificate in a suitable and 
 closed box, in the said City Hall, labelled with the name of 
 the ward in which the said party may be entitled to vote, of 
 which description of box, appropriately labelled, the said Cor- 
 poration shall furnish one for each ward of the said city ; 
 That at the time of producing and depositing the said certi- 
 ficate, the said Voter shall be under no necessity of declaring 
 or making known for whom he may vote either as Mayor or 
 Councillor, and no entry or record of the party or parties 
 voted for shall be made by the City Clerk, but only an entry 
 of the name of the party voting and of the date when he 
 shall produce and deposit as aforesaid his said certificate and 
 vote ; That it shall be lawful for the said Mayor, or for any 
 Alderman or Councillor of the said city, or for the Kecorder 
 thereof, to administer the oath prescribed in the fifteenth 
 section of this Act, to any party producing a certificate of 
 qualification, and claiming a right to deposit the same and 
 vote at the said election ; And it shall be imperative on the 
 said Mayor and Recorder, and on each and every Alderman 
 and Councillor of the said city, to administer the said oath, 
 upon the requisition to that effect, of any duly qualified Voter 
 in the said city, and likewise in all cases whei-e doubts are or 
 may be entertained of the identity of the party desirous of 
 voting ; and any person who shall swear falsely upon the said 
 oath being administered to him, shall be guilty of wilful and 
 corrupt perjury, and shall be liable to all the penalties of the 
 said offence ; That the said nine boxes (one for each ward) 
 shall severally be locked with five locks each ; that each lock 
 shall be different from the other, and shall bo opened with a 
 key of a different construction from the keys of any other of 
 the said locks, so that no two of the said locks may be opened 
 with the same key ; That the keys of the said locks shall be 
 given in custody to the Board of Revisers appointed by the 
 Council, each of whom shall keep one key, so that the said 
 boxes cannot be opened unless in the presence of all the 
 
CITY CHARTER AND OTHER ACTS. 
 
 15 
 
 members of the said Board; That immediately after the said 
 Thursday intervening between the first and second Mondays 
 in March, the said Board of Re visors shall meet in the City 
 Hall, shall open the said boxes, and shall cause the entries 
 and record of the City Clerk in the said books to be per- 
 fected, by entering and recording in the said books the 
 names of the persons for whom each Voter shall or may vote, 
 to be elected Mayor or Councillor as aforesaid ; And the said 
 Board of Revisers shall ascertain and report to the Council 
 of the said city, at its next Quarterly Meeting, on the Monday, 
 Tuesday or Wednesday following, or if prevented from so 
 doing, then at its next Special Meeting, the total number of 
 votes given for each candidate, the name of the candidate 
 for the office of Mayor for whom the greatest number of 
 votes shall have been given by the Voters in all the Wards, 
 and the candidates for the offices of Councillors, for whom 
 the greatest number of votes shall have been given in each 
 of the said several Wards ; and the said Council shall, after 
 examination of the said books, certificates, and report of the 
 said Committee, thereupon declare the parties having the 
 greatest number of votes to be respectively elected Mayor 
 and Councillors of the said city ; and in case of an equality 
 of votes, the said Council shall determine which of the parties 
 having the said equality shall be elected to office : Provided, 
 that the newly elected members, respecting whose election 
 there is no question, shall? if present, be first sworn in, that 
 they may vote in the said cases of equality of votes, if 
 desirous of so doing ; and the said Mayor and Councillors 
 elect shall afterwards respectively take the oaths prescribed 
 by this Act ; and the said books, with the names of the said 
 Voters, and the names of the parties for whom they have 
 respectively voted, together with the certificates produced 
 and deposited by the said Voters, shall remain in the office 
 of the City Clerk, where they shall be open to inspection by 
 any elector, on payment of one shilling. 
 
 20. Provided always. That in the event of the decease or 
 absence, from illness or otherwise, of any one or more of the 
 members of the said Board of Revisors, the Council shall 
 
 Council to dc- 
 clai'o the parties 
 liRvinK a majo- 
 rily of votes re- 
 spectively elect- 
 ed Mavor and 
 Councillors. 
 Case of equality 
 of votes. 
 
 rroviso. 
 
 Ifanyoftholic- 
 visors be dead 
 orabffiit, others 
 to be appointed 
 iu their stead. 
 
16 
 
 CITY CHARTER AND OTHER ACTS. 
 
 appoint from among themselves, other Revisers in the stead 
 of those vrho shall be so deceased or absent as aforesaid, 
 which said Revisers so appointed shall be sworn in the same 
 manner as those in whose stead they shall be so appointed, 
 and any member who shall be so appointed in the stead of an 
 absent Reviser, shall only act as such for the purposes of the 
 election which shall be then going on ; but if the Council 
 shall be unable to appoint such other Revisers in the stead of 
 those who shall have so deceased, or be absent as aforesaid, 
 then it shall be lawful for the remaimng members of the said 
 Board, to perform all the duties in and by this Act directed 
 to be done by the said Board of Revisers. 
 
 21. And be it enacted, That if any Revisor appointed 
 under the provisions of this Act shall neglect or refuse to 
 perform any of the duties required of him under the next 
 preceding section, he shall incur a penalty of two hundred 
 pounds currency. 
 
 22. And be it enacted. That the said Mayor so elected, 
 shall continue in office as Mayor of the said city, until his 
 successor in the said office of Mayor shall have been elected 
 and sworn in ; And in case a vacancy shall occur in the office 
 of Mayor by reason of any person who shall have been elected 
 to that office not accepting the same, or by reason of his 
 dying, or ceasing to hold the said office, the said Council 
 shall, at the first General or Special Meeting thereof after 
 such vacancy, elect from among the members of the Council, 
 another fit person to be Mayor for the remainder of the period 
 for which the Mayor whose place is to be supplied was to 
 have served ; And if any person be elected at the same time 
 Mayor of the said city and a Councillor for any of the wards 
 thereof, he shall be held and bound to declare within four 
 days after notice given to him of the said elections, which 
 office he will accept: Provided that if he be not legally 
 excused from accepting the office of Mayor, he shall be held 
 and bound to accept the same, and shall incur and pay a 
 fine or penalty of one hundred pounds for non-acceptance 
 thereof, and the said fine or penalty shall be incurred and 
 paid, notwithstanding that he may, at the same time, accept 
 
 To act for the 
 purpose of the 
 eloction onljr. 
 
 If Council be 
 unable to ap- 
 point ReviBors 
 In the stead of 
 those who are 
 absent, &e., du- 
 ties to bo per- 
 formed by the 
 remaining mem- 
 bers of the 
 JBoard. 
 
 Penalty if Re- 
 visor neglects or 
 roftases to per- 
 form duties. 
 
 Mayor, his term 
 of office. 
 
 Case of a vacan- 
 cy occurring in 
 the office of 
 Mayor. 
 
 Any person 
 being elected 
 Mayor and 
 Councillor, to 
 declare which 
 office ho ac- 
 cepts. 
 
 Proviso. 
 
 Penalty for non- 
 acceptance. 
 
CITY CHARTER AND OTHER ACTS. 
 
 17 
 
 the oflSce of Councillor : Provided also, that if any person so 
 elected Mayor and Councillor at the same time, shall accept 
 the said office of Mayor, then a new election of Councillor 
 shall be held for the Ward for which such person was elected 
 Councillor, within a period to be appointed by the Mayor for 
 that purpose, and in the manner, and subject to the same 
 conditions, as are hereinafber provided for extraordinary 
 vacancies in the said Council. 
 
 23. And be it enacted, That each and every person who 
 shall at any election of a Mayor or Councillor or Councillors 
 to be had as aforesaid, wear or carry any flag, ribbon or 
 cockade, or other badge or mark whatsoever, to distinguish 
 him or them as supporting any particular candidate or can- 
 didates at such election, or who shall be armed with, or carry, 
 or have in his possession any cane,^tick, club, stave, blud- 
 geon, axe-handle, or any other offensive instrument or weapon 
 whatsoever, or who by violence, menace or malicious practice 
 or in any manner or way whatsoever, shall or may impede or 
 disturb, or thereby endeavour to impede or disturb any elec- 
 tion, or thereby prevent or endeavour to prevent any elector 
 or electors from giving his or their votes at the same, accord- 
 ing to his or their wish or desire, shall and may be liable to 
 be forthwith arrested on view, by any Justice of the Peace 
 for the said City of Montreal, or by any Peace Officer or 
 Constable, present on duty at any such election, or by war- 
 rant issued by any Justice of the Peace, and so arrested to 
 be committed to safe custody or confined in the Common 
 Gaol of the District of Montreal, till the close or termination 
 of the said election, and till good and sufficient security may 
 be taken from the parties so arrested for their future peace- 
 able conduct, and that they shall duly appear and answer to 
 any charge that may be made against them, and for or on 
 account of which they may be so arrested ; and each and every 
 such person, on conviction of any of the offences hereinbefore 
 enumerated, for which he may be so arrested on view or by 
 warrant as aforesaid, shall forfeit and pay a fine or sum of 
 money not exceeding twenty-five pounds current money of 
 this Province, and be liable to an imprisonment not exceeding 
 
 c 
 
 Provlgo : If tlio 
 office of Mayor 
 be accepted, a 
 new election of 
 Councillor to be 
 beld. 
 
 Mo person to 
 carry flatrs, rib- 
 bons, or badges 
 at elections. 
 
 Nor to act vio- 
 lently, nor dis- 
 turb the elec- 
 tion. 
 
 Under pain of 
 being arrested 
 anew and con- 
 lined. 
 
 And of a penal- 
 ty and imprison- 
 ment. 
 
18 
 
 CITY CHARTER AND OTHER ACTS. 
 
 In what ward 
 an elector may 
 vote. 
 
 three months' detention at hard labour in the Common Gaol 
 or the House of Correction of the said district, for every such 
 offence. 
 
 24. And be it enacted, That persons entitled to vote at tho 
 election of Mayor or Councillors as aforesaid, shall vote mthin 
 the particular Ward in which the property constituting their 
 qualification to vote shall be situated, and not otherwise ; and 
 if any such person shall be possessed of property qualifying 
 him to vote in two or more Wards, he shall be entitled to 
 vote in that Ward only in which he may reside. 
 
 25. And be it enacted, That from and after the first Mon- 
 day in the month of March now next, the said several Wards 
 shall be represented in the Council of the said city by three 
 Councillors, each independently and exclusively of the person 
 to be elected Mayor as aforesaid ; that the said Mayor shall 
 not continue in office without being re-elected longer than one 
 year, and until his successor in office shall have been elected 
 and sworn in ; and no Councillor elected or to be hereafter 
 elected for any of the said Wards shall continue in office 
 without being re-elected, for any longer period than three 
 years ; that at the next annual election of a Mayor and 
 Councillors in the said city, to be held in the City Hall 
 thereof, between the fifteenth day of February now next, and 
 the Thursday intervening between the first and second Mon- 
 days of the month of March following, tho inhabitant house- 
 holders and persons qualified to vote as aforesaid, shall elect 
 from the persons qualified to be Councillors, two fit and 
 proper persons to be Councillors for each of the said Wards 
 hereinbefore designated as the Saint Anne's, the Saint 
 Antoine, the Saint Lawrence, the Saint Lewis, the Saint 
 James, and the Saint Mary's Wards respectively, and also 
 from the persons qualified to be Councillors for each of the 
 other three Wards, such number of persons as shall be 
 required to supply the places of those who shall then go out 
 of office ; and that on the first Monday of the month of March, 
 in each and every year, that Councillor for each and every of 
 the said Wards respectively, shall go out of office who shall 
 have been member thereof for the longest time without 
 
 Koprosontation 
 of the wards 
 after the Ist 
 March, 1852. 
 
 Mayor, how 
 long to remain 
 iu offlcc. 
 
 Councillors, 
 their term of 
 office. 
 
 Councillors to 
 be elected at the 
 next elections. 
 
 Onthe first Mon* 
 day in March, 
 in each year, a 
 Councillor to go 
 out of office, and 
 which. 
 
CITY CHARTER AND OTUER ACTS. 
 
 19 
 
 re-election : Provided that whenever any two Couiioillors are 
 elected at the same time in any ward, that Councillor shall 
 firat go out of office who shall have been elected by the 
 smaller number of votes ; And provided always, that when- 
 ever any two members of the Council for any of the said 
 wards may be elected by an equal number of votes, then it 
 shall be determined by a majority of the Council, which of the 
 members thereof for such said wards shall go out of office : 
 And provided further, that any member going out of office 
 may be re-elected, if qualified according to the provisions of 
 this Act. 
 
 26. And be it enacted. That if at any election of a Coun- 
 cillor or Councillors as aforesaid, any person shall be elected 
 a Councillor for more than one ward of the said city, he 
 shall, within three days after notice thereof from the City 
 Clerk, make his option, or, on his default, the Mayor of the 
 said city shall declare, for which one of the said wards such 
 person shall serve as Councillor, and thereupon such person 
 shall be held to have been elected in that ward only, and in 
 no other. 
 
 27. And be it enacted. That to facilitate the decision of 
 cases in which the right of any person to hold or exercise 
 any office in the Corporation of the said city may be called 
 in question, the Superior Court for the District of Montreal, 
 sitting in Term, or at its weekly sittings for the cognizance of 
 suits and actions of a civil nature, shall, on the information 
 {requite lihelUe) of any citizen of the said city qualified to 
 vote at the election of Councillor for some ward thereof, 
 supported by affidavit to th'e satisfaction of the Court or of such 
 Justices, and complaining that any person illegally exercises, 
 or assumes, or attempts to exercise the office of Mayor, 
 Alderman, or Councillor of . the said city, have full power 
 and authority to order the person so complained of to appear 
 before such Court or Justices, and to shew by what authority 
 he exercises, or assumes, or attempts to exercise such office ; 
 and such order shall be served (with a copy of the information) 
 upon the party complained of, at least three days before that 
 on which such party shall be ordered to appear ; and the said 
 
 Frovtso. 
 
 I'roTiso. 
 
 ProvlBo: May 
 be ro-olected. 
 
 No person to 
 servo as Coun- 
 cillor for more 
 than one' ward. 
 
 Superior Court 
 in term, or at itS' 
 weekly sittingH, 
 to try and ad- 
 Judge caE<cs un- 
 der this Act. 
 
 Process. 
 
20 
 
 CITY CHARTER AND OTHER ACTS. 
 
 rrovlso. 
 
 I'rovlso. 
 
 Court shall have full power and authority thereupon to try 
 and adjudge upon the rirjht of the person so complained of to 
 exercise the office in question, and to make such order in the 
 case, and to cause (if need shall be) such writ of Mandamus 
 or order to be addressed to the Corporation of the Mayor, 
 Aldermen and Citizens of Montreal, as to right and justice 
 may appertain ; and such order or writ shall be obeyed by the 
 said Corporation, and by all other parties whatsoever, and 
 from the judgment of the said Court in any such matter as 
 aforesaid, there shall be no appeal ; and the said Court shall 
 have full power to tax and award such costs against any party 
 as in their discretion they shall deem right : Provided always, 
 that so far as may be consistent with this Act, the forms of 
 proceeding in any such case as aforesaid, shall be as summary 
 aa may be consistent with a duo examination into the merits 
 of the case : And provided also, that the authority and powers 
 conferred by this section on the said Superior Court in Term, 
 or at its weekly sittings, shall apply to cases where the party 
 complained of, exercised, or assumed, or attempted to exercise 
 the office in question before the passing of this Act ; and that 
 any proceedings commenced in Term before the Court may 
 be continued before the weekly sittings of the said Court ; and 
 any proceedings commenced before the said Court in the 
 weekly sittings thereof, may be continued before the said 
 Court in Term. 
 
 28. And bo it enacted, That whensoever hereafter it may 
 happen that from any cause Avhatsoevcr, an election for a 
 member or members of the said Council of the said city shall 
 not take place for any ward or wards of the said city at the 
 time fixed therefor by law, or appointed therefor by the 
 Mayor of the said city, it shall bo lawful for the said Mayor, 
 as soon thereafter as expedient, to appoint a ])eriod within 
 which an election or elections, in lieu and place thereof, shall 
 be held and take place, in the City Hall of the said city, in 
 the manner liereinafter iirescribtMl. 
 
 29. And be it enacted, That there shall be in each year 
 four Quarterly Meetings of the said Council, which shall be 
 held on the following days, that is to say, on the second Men- 
 
 Mayor to ui>- 
 Ituiiit a day for 
 I'loctiuiio. 
 
 Kour quarterly 
 iii(>ctln)i:ii ill 
 CHcli year, of 
 tliroo(lay«cach. 
 
CITY CHARTER AND OTHER ACTS. 
 
 21 
 
 day of the months of March, Juno, September and December, 
 in each and every year ; and the said meetings shall not at any 
 one time bo held for a longer period than three days succes- 
 sively, in which holidays shall not bo included. 
 
 30. And be it enacted. That the Mayor, Aldermen and Mayor.Ac.now 
 Councillors of the City of Montreal, who shall bo in office tinuoin'.ifflci?. 
 when this Act shall come into force, shall continue in office 
 until required to go out of office under the [)rovi8ions of this 
 Act ; and the person who shall so be the Mayor of the City 
 of Montreal at the time this Act shall come into force, shall 
 continue in office until his successor in the said office of Mayor 
 shall have been appointed and sworn in, according to the pro- 
 visions of this Act ; and on the first Monday in March in each 
 and every year, one of tho Members of the Council for each 
 Ward shall go out of office; and on the first Monday in onpniomhorror 
 March now next, and on the first Monday in March in each onfot-'office 'in 
 succeeding year, those Members of the Council for each Ward Joir'"'"'^ 
 respectively shall go out of office who shall have been Meuiiters 
 thereof for the longest time without re-election : Provided if at muh oicc- 
 always, that ii' on tho first Monday in March next, or in any lu "ancy '"ilollia 
 succeeding year, there shall be a vacancy or vacancies in the m(M.'ibcr""o"u' 
 office of any Member or Members of tho Council for any Ward, "'""""'' 
 who would not, under the provisions of this section, have gone 
 out of office on that day, then a Member or Members of the 
 Council shall be elected for tho Ward to fill such vacancy, as 
 well as in the place of the Member who shall then go out of 
 office under the provisions of this section : And provided also, 
 that it shall be allowable for any Member of tho said Council 
 to resign his said office of Councillor, and vacate his seat in 
 the said Council, if tho reason assigned by him for so doing 
 be considered good and sufficient, and his said resignation bo 
 accepted of by not less than two-thirds of the Members com- • 
 posing the said Council. And if in any year, tiie first Mon- c.so ..c a hoii- 
 day in March be a holiday, all that by this section is ordered ''"^' 
 to be done on that day, shall bo done on the following day. 
 
 31. And be it enacted, That at the first Quarterly or Ki.-.tio., 
 Special greeting of tho Council of the said city, after tho '''""'"• 
 election of Members thereof next year, and each subsequent 
 
 on of A|. 
 
00 
 
 Aid 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Alderman 
 )fuiiiR out of 
 olHcu may bo 
 re-clectod. 
 
 Kxtraordhmry 
 vaciiiicipM ill 
 Council, how 
 to bo tilled up. 
 
 IVriod for 
 which Hurl) poi'' 
 8<in tihall lio 
 cli'ctcd. 
 
 Limitation of 
 iiorlod for hold- 
 Injr siicli oxtra- 
 ordlnarv elec- 
 tion. 
 
 Vacancies 
 iinioiiK tho A1- 
 (lernitMi. how 
 
 SU|l]lli)Ml. 
 
 year, the said Council shall elect from among the Members of 
 the said Council, so many as may then be requisite, with those 
 Aldermen remaining in office, to make the number of nine, (if 
 so many Members there be duly qualified, and if there be not, 
 then such less number as may bo so qualified,) to be Alder- 
 men of the said city, until the time when they shall respec- 
 tively cease to be Members of the said Council under the pro- 
 visions of this Act, and no longer: Provided always, that any 
 Alderman going out of office, in any year, may, if re-elected 
 as a member of tho Council, at tho next or any subsequent 
 election of Councillors, bo re-elected as an Alderman. 
 
 32. And be it enacted. That if, after the passing of this 
 Act, any extraordinary vacancy shall occur in the office of 
 Member of the Council of the said city, for any Ward thereof, 
 the inhabitant householders and persons qualified to vote in 
 tho Ward for Avhich such vacancy shall have occurred, shall, 
 within a period to be appointed by tho Mayor, after such 
 vacancy shall have occurred, elect from the persons qualified 
 to be Members of the Council, a person duly qualified to fill 
 such vacancy ; and such election shall be held, and tho 
 voting and other proceedings shall be conducted in the same 
 manner and subject to tho same provisions in this Act con- 
 tained, with respect to other elections of Members of the 
 said Council ; and every person so elected shall hold sucii 
 office until the period at which the person in the room of 
 whom he shall have been elected, would, in ordinary course, 
 have gone out of office, and shall then go out of office, but 
 may be immediately re-elected if then duly qualified : Pro- 
 vided always, that no election shall take place to supply any 
 such extraordinary vacancy between the first day of January 
 and tho first day of March in any year : And provided also, 
 tlrat as soon as any such extraordinary vacancy in the office 
 of Member of the said Council shall have been supplied, if 
 the Member of the Council whose office so became vacant, 
 was an Alderman, it shall bo lawful for tho said Council to 
 elect from the Members of the said Council, qualified to bo 
 Aldermen, a person to be Alderman in the room of the 
 Alderman whose office may have so become vacant. 
 
CITY CHARTER AND OTHER ACTS. 
 
 23 
 
 33. And be it enacted, That whenever and so long as the in case of ob- 
 Mayor of the said city may bo absent from the said city, or ness of the 
 from sickness bo incapable of discharging the duty of Mayor to eieo't an ai- 
 
 „ , . , . , . 1 r^ •% ^ ^^ t L f ,^ 1 1 i dorman to aot 
 
 of the said city, the said Council shall elect trom the Alder- in iiis piaoo. 
 men of the said city, one who shall, during such absence or 
 sickness of the Mayor of the said city, have all the power, 
 authority and rights vested by law in the Mayor of the said 
 city, and shall, during any and every such absence or sick- 
 ness of the said Mayor, discharge and perform all the duties 
 imposed by law on the Mayor of the said city ; and when- 
 ever and so often as a vacancy shall occur in the office of 
 Mayor of the said city, the said Council shall elect from 
 among the Aldermen thereof, one who shall, during such 
 vacancy, act as Mayor of the said city, and shall, until such 
 vacancy be filled up, have all the authority, power and rights 
 vested by law in the Mayor of the said city. 
 
 84. And be it enacted. That at any Quarterly or Special council to ap- 
 Meeting of the said Council after the election of Members ^^ " 
 thereof, in the year of our Lord one thousand eight hundred 
 and fifty-two, and in each succeeding year, the said Council 
 shall appoint as many Assessors for the said city, not ex- 
 ceeding nine in number, as may be necessary, and the said 
 Council may grant the said Assessors such remuneration for 
 their services, us they the said Council may deem fitting ; 
 and the said Council may order and determine in what and May 
 how many wards the said Assessors shall act, and if they hp( 
 fit, that the Assessors to be appointed shall act as such, 
 throughout the whole city limits ; and it shall bo the duty of 
 the said Assessors to make the Assessments, to assess all 
 property, and to make returns of all persons liable to pay 
 any rate, duty, tax or impost for or by reason of any cause 
 Avhatsoevor, hi the said city, in like manner as the same has 
 been hitherto done in the said city ; and the said Assessors 
 shall not hereafter, in the performance of the duties vested 
 in and imposed upon them by law, base their proceeding, 
 estimate or assessment of property, on a fancied value or 
 rental thereof as has heretofore often been done, but that 
 they the said Assessors shall bo, and they are hereby ro* 
 
 romiino- 
 rntu tlioni. 
 
CITY CHARTER AND OTHER ACTS. 
 
 Acsc-sors to bo 
 sworn. 
 
 quired to determine the assessment to be made by them on 
 Asaessnunt to all such property, upon the actual and bond fide rent thereof, 
 
 bo inado on the .iip- i • ^ -i 
 
 actual value of if the said rent be a lair and equitable one, and proportionate 
 
 property. , . 
 
 to the value of the property, but if otherwise, then on the 
 interest of the actual value of the property assessed ; and 
 where property to be assessed is in the occupation or posses- 
 sion of the proprietors thereof, the said Assessors shall be, 
 and they are hereby required to determine the Assessment 
 to be paid thereon, upon and according to the rent, which 
 the said property may be worth, and ought to obtain, were 
 the same to be leased, at a fair and equitable rental, by the 
 V said proprietor at the time ; and henceforth, all vacant and 
 
 unoccupied lots of land within the limits of the said city, 
 . shall be assessed in all their depth, to their whole extent, 
 and at their full value, that is to say, on the interest of the 
 actual value thereof. 
 
 35. And be it enacted, That every person to be appointed 
 Assessor as aforesaid, shall, before ho begin to act as such, 
 or execute the duties of his said office, take the oath of alle- 
 giance, and also the following oath, before the Mayor of the 
 said city, or any two Members of the Council thereof, that 
 is to say : 
 
 " I, having 
 
 been appointed Assessor for the said City of Montreal, 
 or for the said Ward of the said 
 
 city (a8 the case may be'), do swear that I will faithfully, 
 impartially, honestly and diligently execute all the duties of 
 the said office, according to the best of my skill and know- 
 ledge. So help me God." 
 
 80. And bo it enacted. That notwithstanding any thing to 
 the contrary in any Act or Law heretofore passed, or in force 
 in this Province, it shall not be necessary for the Assessment 
 in the said city to be made between the tenth day of May 
 and the tenth day of June in each year, but that the powers 
 and authority of the Assessors elected and appouited or to 
 be hereafter elected and appointed under and by virtue of 
 this Act, shall bo and continue in force, and may be exer- 
 cised for and during the period and term of their election and 
 
 Oath. 
 
 For what i)crlort 
 AssessorK nmy 
 Mt. 
 
CITY CHARTER AND OTHER ACTS. 
 
 2A 
 
 appointment, to wit, until the first Monday in March in the 
 year next following their said election and appointment. 
 
 37. And be it enacted, That it shall be lawful for the said council to make 
 
 ^ By-IawB rolat- 
 
 Council, at any meetmg or meetmgs composed of not less ingtoAsscMors. 
 than two-thirds of the Members thereof, to make a By-law or 
 By-laws, which shall regulate and determine the time when 
 the Assessors of the said city shall annually commence their 
 duties, the manner in which they shall perform them, the 
 period within which they shall annually make their first 
 general return of the Assessments to be levied and obtained 
 in the said city, and the time and manner in which they may 
 or shall correct their said return, by extending the same, 
 and adding thereto the names of any parties omitted or who 
 shall have become known to the said Assessors, or shall have 
 arrived in the said city subsequently to the making thereof, 
 or who shall have become liable to pay any Assessment, Tax 
 or Duty to the said city, at any time after the said general 
 return shall or may have been made ; and in the event of 
 any vacancy or vacancies occurring in the office of Assessor 
 or Assessors, by the non-election of any Assessor or Asses- 
 sors, at the time fixed by law therefor, or by the absence 
 or death of any person or persons elected or appointed 
 to that office, or by the refusal or inability of any Assessor 
 or Assessors elected or appointed, to attend to, perform 
 and fulfil the duty or duties which he or they are or may be 
 bound or required by law to attend to, perform and fulfil, it 
 shall and may be lawful for the said Council, at any Quar- . 
 terly or Special Meeting thereof, to elect, nominate and 
 appoint one or more competent and duly qualified person or 
 persons to fill and supply such vacancy or vacancies. 
 
 38. And be it enacted. That at the Quarterly Meeting to Eioction of 
 be held by the said Council in the month of December in 
 the year one thousand eight hundred and fifty-two, and at 
 the Quarterly Meeting to be hold by the said Council in the 
 month of December of every succeeding year, the Members 
 of the said Council shall elect, by a majority of votes, from the 
 persons qualified to be Councillors, two persons who shall be, 
 and be called Auditors of the said City of Montreal ; and every 
 
 AuditorM. 
 
26 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Thoir aualiflca- 
 tion and term of 
 office. 
 
 Disqualification 
 of certain por- 
 8ong to bo Au- 
 ditors. 
 Vacancy in 
 office of Audi- 
 tors, how flllcd 
 up. 
 
 Oaths to bo 
 talcon by tlio 
 Mayor, Alder- 
 men or Coun- 
 cillors. 
 
 Oath. 
 
 Fines for non< 
 accoptauoo of 
 office. 
 
 such Auditor shall continue in office until the second Monday 
 in the month of March in the year following his election : Pro- 
 vided always, that no Member of the said Council, nor the 
 Clerk, nor Assistant Clerk of the said city, shall be capable of 
 being elected an Auditor as aforesaid : And provided further, 
 that any vacancy that may occur in the office of Auditor, may 
 be filled up by the said Council, by an election to be had in the 
 manner and under the provisions aforesaid, at any subsequent 
 General or Special Meeting; and the person so elected, 
 shall hold his office until the time when the person whose 
 place he shall have been elected to supply would have gone 
 out of office. 
 
 39. And be it enacted. That no person elected to be 
 Mayor, Alderman or Councillor as aforesaid, shall be capable 
 of acting as such, except in administering the oaths herein- 
 after mentioned, until he shall have made and subscribed 
 before any two or more of such Aldermen or Councillors 
 (who are hereby respectively authorized and required to 
 administer the said oath to each other), the oath of allegi- 
 ance to Her Majesty, Her Heirs and Successors ; and also 
 an oath in the words or to the effect following, that is to 
 say: 
 
 " I, A. B., having been elected Mayor (or Alderman or 
 Councillor, as the case may he) for the City of Montreal, do 
 sincerely and solemnly swear, that I will faithfully fulfil the 
 duties of the said office, according to the best of my judg- 
 ment and ability ; and that I am seized or possessed, for my 
 own use, of real or personal estate, or both, in the said City 
 of Montreal, after the payment or deduction of my just debts, 
 of the value of One Thousand Pounds (or Five Hunured 
 Pounds, as the case may fte), and that I have not fraudu- 
 lently or collusively obtained the same, or a title to the same, 
 for the purpose of qualifying myself to bo elect'^l ^^lyor, 
 (Alderman, or Councillor, as the case may be), as aforesaid : 
 So help me God." 
 
 40. And be it enacted. That every person duly qualified, 
 who shall be elected to the office of Mayor, Alderman or 
 Councillor, or appointed Assessor or Auditor, of the said 
 
CITY CHARTER AND OTHER ACTS. 
 
 •27 
 
 jlected to be 
 sill be capable 
 oaths herein- 
 id subscribed 
 r Councillors 
 [ required to 
 >ath of allegi- 
 rs ; and also 
 ig, that is to 
 
 Alderman or 
 
 Montreal, do 
 
 ully fulfil the 
 
 of my judg- 
 
 Bssed, for my 
 
 ;he said City 
 
 nyjust debts, 
 
 ive Hunured 
 
 not fraudu- 
 
 to tl\e same, 
 
 ct^^ 1 ^Myor, 
 
 as aforesaid : 
 
 ttly qualified, 
 
 A^lderman or 
 
 of the said 
 
 city as aforesaid, shall accept the office to which he shall 
 have been so elected, or shall, in default thereof, pay to the 
 Treasurer of the said city, and for the use of the said city, 
 a fine as follows, that is to say : for non-acceptauce of the 
 office of Alderman or Councillor, a fine of Fifty Pounds ; for 
 non-acceptance of the office of Auditor or Assessor, a fine 
 of Fifty Pounds ; and for non-acceptance of the office of 
 Mayor, a fine of One Hundred Pounds ; and every person 
 so elected or appointed, shall within four days after notice of 
 his election or appointment, accept such office by taking the 
 oath of allegiance, and in the case of the Mayor, Aldermen 
 and Councillors, by making and subscribing the declaration 
 hereinbefore mentioned, and in the case of the Assessors and 
 Auditors, by taking and subscribing the oath hereinbefore 
 prescribed, and in default thereof shall be liable to pay the 
 fine aforesaid, as for his non-acceptance of such office, and 
 such office shall thereupon be deemed vacant, and shall be 
 filled up by a new election, to be made in the manner here- 
 inbefore prescribed : Provided always, that any person not 
 qualified to make the said declaration, may be permitted 
 and shall be held and bound to make oath that he is not 
 seized or possessed of real or personal estate, or both, in the 
 terms of the said declaration, of the value of One Thousand 
 Pounds, or Five Hundred Pounds, as the case may be, in 
 which case, but not otherwise, he shall be exempted from 
 accepting or filling the said office : Provided also, that no 
 persons disabled by lunacy or imbecility of mind shall be 
 liable to pay such fine as aforesaid : And that every person 
 so elected to any such office, who shall be above the age of 
 sixty-five years, or who shall already have served such office, 
 or paid the fine for not accepting such office, within five years 
 next preceding the day on which he shall be so re-elected, 
 shall be exempted from accepting or serving the same office, 
 if he shall claim such exemption within five days after notice 
 of his election from the City Clerk : And provided also, that 
 no Military, Naval, or Marine Officer, in Her Majesty's 
 Service, on full pay, nor any Member of the Legislaturi of 
 this Province, or of the Executive Council, nor any Surveyor 
 
 Aa Aldorman or 
 Councillor, as 
 Auditor or As- 
 gossor, as 
 Mayor. 
 
 Aooeptanoe of 
 offlootobemado 
 by taking oaths, 
 
 rorsoiiB not 
 qualified, to 
 Hwcnr to their 
 non-quaiilica- 
 tion. 
 
 Kxomptlon 
 fVom said 
 offices. 
 
28 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Vtiwa in which 
 the Mayor, Al- 
 dermen or 
 Councillors 
 Hliall become 
 disqualified. 
 
 General, Adjutant General of Militia, or Provincial Secre- 
 tary, nor the Provincial Postmaster General, or his Deputies, 
 nor any Custom House Officer, Sheriff, or Coroner, nor the 
 Clerks and Commissioned Officers of the Legislature or of 
 the Executive Council, nor any Schoolmaster, shall be held 
 or bound to accept or hold any such office as aforesaid, or any 
 other office in the said city. 
 
 41. And be it enacted, That if any person holding the 
 office of Mayor, Alderman, or Councillor, shall be declared 
 Bankrupt, or. shall become insolvent, or shall apply to take 
 the benefit of any Act for the relief of Insolvent Debtors, or 
 shall compound by deed with his creditors, or shall take or 
 enter into Holy Orders, or become a Minister or Teacher of 
 any Religious Sect, or a Judge or Clerk of any Court, or a 
 Member of the Executive Council, or shall become account- 
 able for the City Revenue, or receive any pecuniary allowance 
 from the city for his services, or shall be absent from the 
 said city for more than two calendar mouths at one and the 
 same time, or shall be absent from the Meetings of the said 
 Council for more than two calendar months consecutively, 
 (unless in case of illness, or with leave of the Council) then, 
 and in every such case, such person shall thereupon imme- 
 diately become disqualified, and shall. cease to hold such 
 office of Mayor, Alderman, or Councillor, as aforesaid ; and 
 in the case of such absence, shall be liable to the same fine 
 as if he Had refused to accept such office. 
 
 42. And be it enacted. That the Mayor of the said city 
 for the time being, shall be Justice of the Peace for the City 
 and District of Montreal : and that the Aldermen and Coun- 
 cillors of the said city for the time being shall .severally be 
 Justices of the Peace for the said City of Montreal, and it 
 shall be lawful for the said Common Council, from and out of 
 the moneys belonging to the said city, to grant and allow to 
 the said Mayor, for the time being, in Ueu of all fees and 
 perquisites, such salary not exceeding Five Hundred Pounds, 
 and not less than Two Hundred Pounds, as the said Council 
 shall think fit. 
 
 43. And be it enacted. That it shall be lawful for the said 
 
 Mayor, Alder- 
 men, and Coun- 
 cillors to be Jus- 
 tices of the 
 I'cace. 
 
 Mayor to have a 
 salary. 
 
 Council to name 
 City Clerk. 
 
CITY CHARTER AND OTHER ACTS. 
 
 29 
 
 Council of the said city, from time to time, as occasion may 
 require, to appoint a fit and proper person, not being a Mem- 
 
 ber of the Council, to be Clerk of the said city, and 
 another fit person, not being a Member of the said Council, 
 and not being City Clerk, to be the Treasurer of the said 
 city : one or more fit person or persons, not being of the 
 Council, to be the Clerk or Clerks of the Markets of the said 
 city ; and one or more Surveyor or Surveyors of highways, 
 streets and bridges ; and such number of Overseers of 
 highways, streets and bridges, as they may deem neces- 
 sary ; and one Collector for each of the Wards of the said collectors, 
 city ; one or more Pound Keeper or Pound Keepers for the 
 said city, and such other Officers as they may think neces- 
 sary, to enable them to carry into execution the powers 
 vested in them by this Act, and to prescribe and regulate 
 the duties of all such officers respectively, and at their plea- 
 sure to remove any such officer, and appoint another in his 
 place ; and the said Council shall take such security for the 
 due execution of the offices of City Clerk, Treasurer or other 
 officer, as they shall think proper, and shall and may grant 
 and allow to the City Clerk, Treasurer and other officer, to 
 be appointed as aforesaid, such salary, aid, allowance or other 
 compensation for their services, as they may think fit ; and 
 whenever and so long as the said Clerk of the said city may 
 be absent from the said city, or, from sickness or any such 
 cause, be incapable of discharging the duties of the office of 
 the said City Clerk, it shall be lawful for the Mayor of the 
 said city, by a writing under his hand, to appoint a fit and 
 proper person to be Assistant Clerk of the said city ; and 
 every such Assistant Clerk shall, during the time for which 
 he may be so appointed, dissharge the duties of the office of 
 the said City Clerk ; and all acts, matters and things done 
 by the said Assistant City Clerk, during the time of his 
 appointment, shall have the same force and effect as if per- 
 formed by the City Clerk of the said city. 
 
 44. And be it enacted. That so much of a certain Act of 
 the Legislature of the heretofore Province of Lower Canada, 
 passed in the thirty-sixth year of the Heign of His late 
 
 Ciiy Treasurer, 
 Clerks of Mar- 
 kota. 
 
 Surveyors of 
 
 Highways. 
 
 Overseers. 
 
 Found keepers 
 and other 
 officers. 
 
 To prescribe 
 duties. 
 
 Security to be 
 taken. 
 
 Salaries to be 
 given. 
 
 In case of ab- 
 sence or sick- 
 ness of City 
 Clerk, Mayor 
 may name As- 
 eistant Clerk. 
 
 Powers of Trea- 
 surer, Assessors, 
 Surveyors, &o., 
 under 3 George 
 III, c. 9. (L. C.) 
 
30 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Majesty King George the Third, intituled, An Act for mak- 
 ing^ repairing and altering the Highways and Bridges 
 within this Province and for other purposes^ as provides for 
 the appointment of Assessors and of a Road-Treasurer for the 
 said City of Montreal ; and also a certain Act of the Legis- 
 lature of the said heretofore Province of Lower Canada, 
 passed in the ninth year of the Reign of His late Majesty 
 pjGoo. IV, c. 16. King George the Fourth, intituled. An Act to increase the 
 number of Assessors for the Cities of Quebec and Montreal; 
 and also so much of a certain other Act of the Legislature of 
 the said heretofore Province of Lower Canada, passed in the 
 thirty-ninth year of the Reign of His late Majesty King 
 
 (L.C.) 
 
 39 Geo. Ill, C.6. George the Third, intituled. An Act to amend an Act passed 
 in the thirty-sixth year of Sis present Majesty^ s Jieign, inti- 
 tuled " An Act for making, repairing and altering the JTigh- 
 ^^ ways and Bridges within this Province, and for other 
 " purposes, ^^ as provides for the appointment of a Surveyor of 
 the highways, streets, lanes and bridges in the said City 
 of Montreal, by the Governor, Lieutenant Governor, or per- 
 son administering the Government of tj( said heretofore 
 Province of Lower Canada, and which were repealed by the 
 said Ordinance to incorporate the City and Town of Montreal, 
 shall continue to be, and shall be and remain repealed ; and 
 all and every the powers, authority and duties, which, in and 
 by the said Acts, or any other Act or Acts of the Legislature 
 of the said heretofore Province of Lower Canada, were before 
 the passing of the said Ordinances to incorporate the City and 
 Town of Montreal, vested in, and imposed on, the Assessors 
 appointed in pursuance of the provisicais of the said Act 
 passed in the thirty-sixth year aforesaid, and the powers and 
 duties of the said Road-Treasurer, and of the said Surveyor 
 of Highways, Streets and Bridges in the said city, appointed 
 under the said Act passed in the thirty-sixth year aforesaid, 
 and which under and by virtue of the said Ordinances to 
 incorporate the City and Town of Montreal, are now vested 
 in and imposed on the Assessors appointed in pursuance of 
 the last mentioned Ordinance and on the Treasurer of the 
 said city, and on the Surveyor of Highways for the said 
 
 Transferred to 
 the same ofliccra 
 appointed un- 
 der this Act 
 
CITY CHARTER AND OTHER ACTS. 
 
 81 
 
 Tnor, or per- 
 
 The duties of 
 AsMiRsors may 
 be performed 
 by a majority of 
 them. 
 
 Case of dilTer- 
 ence of opinion, 
 how met. 
 
 City of Montreal, appointed respectively under the authority 
 of the last mentioned Ordinance, shall continue to be, and 
 shall be and remain vested in, and imposed on the Asses- 
 sors, Treasurer of the said city, and on the Surveyor of 
 highways for the said City of Montreal, respectively, who 
 may be in office under the authority of the said last, mentioned 
 Ordinance when this Act comes into force, and in their suc- 
 cessors in the said offices respectively, to be appointed under 
 and by virtue of the present Act : Provided always, that all 
 duties that may be performed by the said Assessors, may be 
 performed with equal force and effect by a concurring major- 
 ity in number of the said Assessors, and that in all cases where 
 there may be a difference of opinion among the said Asses- 
 sors, the opinion of a concurring majority in number of them, 
 any two or more shall have the same force and effect as if the 
 whole of the said Assessors had concurred : and if the said 
 Assessors, acting without a third, or preponderating Assessor, 
 differ in opinion, the third, remaining or preponderating Asses- 
 sor shall examine the premises respecting which such diffe- 
 rence of opinion may have occurred, and by his opinion confirm 
 that of one or other of the Assessors or divisions of Assessors 
 who may have so differed, and the opinion so confirmed shall 
 have the same force and effect as if the three or more Asses- 
 sors had concurred in it ; and in each of the cases above 
 mentioned, and in every other such case, the Assessor or 
 Assessors dissenting may make an entry in the Assessment 
 Books of tlio reasons of his or their dissent. 
 
 45. And be it enacted. That the Treasurer of the said 
 city, shall, in Books to be kept for that purpose, enter true 
 accounts of all sums of money by him received or paid, as 
 such Treasurer, and the several matters for which such sums 
 shall have been received or paid ; and the Books containing 
 the said accounts shall, at all seasonable times, be open to the 
 inspection of any of the Aldermen or Councillors of the said 
 city ; and all the accounts of the said Treasurer, with all 
 vouchers and papers relating thereto, shall, on the first day 
 of February in each and every year, be submitted by such 
 Treasurer to the Auditors elected for the said city as afore- 
 
 Treasureroftho 
 city, liis duties. 
 
 Accounts to bo 
 annually sub- 
 mitted to the 
 Auditors and to 
 tlie Council for 
 examination 
 and audit. 
 
32 
 
 CITY CHARTER AND OTHER ACTS. 
 
 said. 
 
 Members 
 
 he said Council, as the Mayor 
 of the said city shall name ; and the said Books of accounts, 
 accounts and all vouchers and papers relating thereto, shall, 
 from the first to the last day of February, inclusively, in each 
 and every year, be open to the examination of the said Audi- 
 tors, and Councillors to be named by the Mayor, for the pur- 
 pose of the said Books and accounts being examined and 
 audited for the year preceding such annual examination ; and 
 Abstract of ao- if the said accounts shall be found to be correct, the Auditors 
 
 counts to be an- • ' 
 
 Dually printed, shall Certify the same to be so ; and after the said accounts 
 shall have been so examined and audited, in the month of 
 February in every year, the Treasurer shall make out in 
 writing, and cause to be printed, a full abstract of his 
 accounts for the year, and a copy thereof shall be open to 
 the inspection of all the rate-payers of the said city, and 
 copies thereof shall be delivered to all rate-payers of the said 
 city applying for the same, on payment of a reasonable price 
 for each copy. 
 
 On what orders 46. And be it enacted. That the Treasurer of the said 
 city shall not pay any moneys, in his hands as such Treasu- 
 rer, otherwise than upon an Order in writing of the Council 
 of the said city, signed by three or more Members of the 
 said Council, and countersigned by the Clerk of the city, or 
 in pursuance of a Judgment or Order of any Court of 
 Justice. 
 
 47. And be it enacted. That the Clerk, Treasurer and 
 other Officers of the said city, appointed by the Council as 
 aforesaid, shall respectively, at such times during their con- 
 tinuance in office, and within three months after they shall 
 respectively cease to be in office, and in such manner as the 
 said Council shall direct, deliver to the said Council, or to 
 such person as they shall authorize to receive the same, a 
 true account in writing, of all matters committed to their 
 charge, by virtue or in pursuance of this Act ;- And also, of 
 all moneys which shall have been by them respectively re- 
 ceived, by virtue, or for the purposes of this Act, and how 
 much thereof shall have been paid and disbursed, and for 
 what purposes, together with .proper vouchers for such pay- 
 
 Treasurer may 
 
 make pay- 
 ments. 
 
 City ofBcers to 
 render detailed 
 accounts. 
 
CITY CHARTER AND OTHER ACTS. 
 
 88 
 
 ments : and every such Officer shall pay all such moneys as 
 shall remain due from him to the Treasurer, for the time 
 being, or to such per^ in as the said Council shall authorize 
 to receive the same ; And if any such Officer shall refuse or 
 wilfully neglect to deliver such account, or the vouchers 
 relating to the same, or to make payment as aforesaid, or 
 shall refuse or wilfully neglect to deliver to the said Council, 
 or to such person as they shall authorize to receive the same, 
 within three days after being thereto required by the said 
 Council, all Books, Documents, Papers, and Writings in his 
 custody or power as such Officer as aforesaid, then, and in 
 every such case, on complaint made on behalf of the said 
 Council, of any such refusal or wilful neglect as aforesaid, to 
 any Justice of the Peace for the District or County wherein 
 such Officer shall reside or be, such Justice of the Peace 
 shall be, and is hereby authorized and required, to issue a 
 Warrant under his Hand and Seal, for bringing any such 
 Officer before any two Justices of the Peace for such District 
 or County ; And upon the said Officer appearing, or not 
 appearing, or not being found, it shall be lawful for the said 
 Justices to hear and determine the matter in a summary man- 
 ner ; And if it shall appear to such Justices, that any moneys 
 remain due from such Officer, such Justices may, and they 
 are hereby authorized and required, on non-payment thereof, 
 by Warrant under their Hands and Seals, to cause such 
 moneys to be levied by distress and sale of the goods and 
 chattels of such Officer ; and if sufficient goods and chattels 
 shall not be found to satisfy the said moneys and the charges 
 of the distress, or if it shall appear to such Justices that such 
 Officer has refused or wilfully neglected to deliver such Ac- 
 counts, or the Vouchers relating thereto, or that any Books, 
 Documents, Papers, or Writings which were or are in the 
 custody or power of such Officer, in his official capacity, have 
 not been delivered as aforesaid, or are wilfully withheld, then, 
 and in every such case, such Justices shall, and they are 
 hereby required, to commit such Officer to the Common 
 Gaol or House of Correction for the District or County where 
 such Officer shall reside or be, there to remain without bail, 
 
 E 
 
 To pay ovor all 
 moneys by them 
 duo. 
 
 How thoy may 
 be proceeded 
 against for refu- 
 sal or neglect of 
 such duty. 
 
 Judgment tn be 
 obtained in a 
 summary man- 
 ner. 
 
 In default of 
 payment, the 
 party may be 
 Imprisoned. 
 
34 
 
 CITY CHARTER AND OTHER ACTS. 
 
 until he shall have paid such moneys as aforesaid, and shall 
 have delivered a true Account as aforesaid, together with 
 such Vouchers as aforesaid, and until he shall have delivered 
 up such Books, Documents, Papers and Writings as afore- 
 said, or have given satisfaction in respect of the matteiis 
 aforesaid, to the said Council : Provided always, that no per- 
 son so committed shall be detained in prison for want of suffi- 
 cient distress only for a longer space of time than three 
 calendar months : Provided also, that nothing in this Act 
 contained shall prevent or abridge any remedy by action 
 against any such Officer so offending as aforesaid or against 
 any surety for any such Officer. 
 
 48. And be it enacted, That in all meetings of tliQ said 
 Council, to be held in pursuance of this Act, a majority of 
 the Members present at such Meeting shall determine all 
 questions and matters submitted to, or under the considera- 
 tion of the said Council, provided that the number present at 
 the said Meeting be not less than one-third part of the whole 
 
 Term of iinpri8> 
 uiiinciit limited. 
 
 Ucmcdy by ac- 
 tion not to bo 
 abWdgod 
 uKainiit such 
 olticororhis 
 Kurety. 
 
 At meetings of 
 (.'ouMcil, niHjor- 
 ity to decide all 
 <lue8tiou8. 
 
 Who Hhnll prp- 
 fide. 
 
 Casting vote to 
 member i>roi<id- 
 ing. 
 
 Special mcct- 
 Ingi, how 
 called. 
 
 cal 
 
 In m(o of rent- 
 aalby theMayor 
 to call »uch 
 . meetings, Uvo 
 
 number of the said Members of the said Council ; And at all 
 such Meetings, the Mayor of the said city, if present, shall 
 preside, and in case of his absence, such Alderman, or, in 
 the absence of all the Aldermen, such Councillor as the 
 Members of the Cotmcil so assembled shall choose to be 
 Chairman of any such Meeting, shall preside at the same ; 
 And in case of an equality of votes, the Mayor or Chairman 
 presiding shall have a casting vote, that is to say, such Mayor 
 or Chairman shall not in any case, while so presiding, have a 
 vote as a Member of the Council, nor unless the votes bo as 
 aforesaid equally divided. 
 
 49. And be it enacted, That it shall be lawful for the Mayor 
 of the said city, or, in case of his absence from the said city, 
 or sickness, for the Alderman of the said city, elected in the 
 mnnner hereinbefore provided to fill his place, to call a Spe- 
 cial Meeting of the said Council, when and as often as the 
 said Mayor, or, in case of his absence or sickness as afore- 
 said, the said Alderman of the said city, may deem it proper, 
 after throe days' previous notice thereof ; and in case the 
 said Mayor, or the said Alderman, during the absence or 
 
CITY CHARTER AND OTHER ACTS. 
 
 35 
 
 sickness of the said Mayor as aforesaid, shall refuse to call mpmbere may 
 
 *' . . . rt ,1 . -J <'*'! '^ meeting 
 
 any such Meeting, after requisition for that purpose, signed after certain 
 by five or more Members of the said Council, or in case of 
 the absence or sickness as aforesaid of the said Mayor and 
 of the said Alderman at the same time, it shall be lawful for 
 any five or more Members of the said Council to call a Meet- 
 ing of the said Council, after three days' previous notice, 
 which notice shall be signed by the said Members ; And every Business bofor 
 such notice, whether given by the Mayor, or by the said to Vc specially 
 
 . /. ■»«• 1 <» ii • 1 i-^ mentioned in 
 
 Alderman, or by any five or more Members ot the said Coun- such notice, 
 cil, shall specify the business for which the proposed meeting 
 is to be held ; and in all cases of such Special Meetings as 
 aforesaid, a Summons, to attend the Council, summarily spe- 
 cifying the business to be transacted at such Meetings, and 
 signed by the City Clerk, shall be delivered to every Member 
 of the said Council, or shall be left at the usual place of 
 abode of every Member of the said Council, three days at 
 least before such Meeting. 
 
 50. And be it enacted. That the Minutes of the proceed- Miuuics of pro- 
 ings of all meetings to be held as aforesaid, shall be drawn up meetings to be 
 and fairly entered in a Book to bo kept for that purpose, and "*' ' 
 
 shall be signed by the Mayor, Alderman or Councillor pre- 
 siding at such Meeting, and the said Minutes shall be open to 
 the inspection of all persons qualified to vote at the election 
 of Councillors, on payment of a fee of one shilling ; and the Moptinp to be 
 said Meetings shall be held with open doors, and all extracts iioor»* ' "''*'" 
 from the Book required to be kept by this section of this Act, 
 and all copies of entries therein, and generally all Ccrtifi- copicii of en- 
 cates, Deeds and Papers signed by the Mayor of the said by niericik' 
 city, and countersigned by the. City Clerk of the said city, ci'ty seai, to be 
 and under the Seal of the said city, shall, in all Courts of via facie ovi- 
 Justice in this Province, be taken and received as primd 
 facie evidence of the facts set forth in such Extracts, Copies, 
 Certificates, Deeds and Papers, respectively. 
 
 51. And bo it enacted. That at any Quarterly or Special (ounciimay 
 Meeting of the said Council of the said City of Montreal, Iluliulllji!'"""*'' 
 when the business before the meeting cannot bo gone through 
 
 witii, or be fully disposed of, it shall be competent to the said 
 
36 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Council may 
 iiHiiio commit' 
 
 tlH'S. 
 
 Council to adjourn the said meeting from time to time and as 
 often as may be necessary or be thought expedient by the 
 said Council, for the consideration and disposal of the said 
 unfinished business ; but that no new business shall be brought 
 before, or be considered at, any such adjourned meeting, or 
 any other subject or business than the unfinished business of 
 the previous meeting : that it shall not be necessary to give 
 notice of any such adjourned meeting to any Members present 
 at the time of the adjournment of the said Council, but that 
 notice thereof and of the unfinished business to be considered 
 and transacted thereat, be given in all possible cases, to the 
 Members of the said Council not present at the said adjourn- 
 ment ; and for that purpose, that, except in cases of great 
 emergency, no adjounied meeting bo held within less than 
 twelve hours' delay from the time of the adjournment of the 
 preceding meeting. 
 
 52. And be it enacted. That it shall be lawful for the said 
 Council to appoint, from and out of the Members comprising 
 such Council, such and so many committees, consisting of 
 such number of persons as they may think fit, for the better 
 transaction of the business before the Council, and for the 
 discharge of such duties within the scope of their powers, as 
 may by the said Council be prescribed, but subject in all 
 things to the approval, authority and control of the said 
 Council. 
 
 58. And be it enacted, That all and every the powers and 
 [n moKigtratos'* authorities which, in and by any Act of the Legislature of 
 by thViuHiudi!' the heretofore Province of Lower Canada, in force at the time 
 of the passing of the said Ordinance to incorporate the City 
 and Town of Montreal, had been, and were at the time of the 
 passing of the last mentioned Ordinance, vested in the Court 
 of Quarter Sessions of the Peace for the said District of Mon- 
 treal, and in any Special Sessions of the Peace for the same 
 District, and in the Justices of the Peace for the said District 
 of Montreal, or any of them, for, touching, or concerning the 
 laying out, making, erecting, keeping in repair and regulating 
 the highways, bridges, streets, squares, lanes, causeways, 
 pavements, drains, ditches, embankments, water-courses, 
 
 Cortain powprn 
 
CITY CHARTER AND OTHER ACTS. 
 
 37 
 
 sewers, market-houses, and weigh-houses, and other public 
 erections and works in the said City of Montreal, or any of 
 them, and for, touching and concerning the dividing of the 
 said city into divisions, and the appointment of Overseers of 
 highways, streets and bridges in the said city, and for, 
 touching and concerning the laying, imposing, raising, levying, 
 collecting, applying, paying and accounting for, a rate or 
 rates of assessment upon occupiers of lands, lots, houses and 
 buildings, in proportion to the annual value thereof, within 
 the said City of Montreal, and which, under and by virtue of 
 the said Ordinance to incorporate the said City and Town of 
 Montreal, became and was vested in the said Council of the 
 said City of Montreal, shall continue to be vested in and exer- 
 cised by, and shall be and remain vested in, and exercised by 
 the said Council of the said City of Montreal ; and all real 
 and personal property within the said city, which, before the 
 passing of the said Ordinance to incorporate the City and 
 Town of Montreal, were subject to the management, control 
 or authority of the Justices of the Peace for the said District • 
 
 of Montreal, or any of them, S'^d which, under and by virtue 
 of the last mentioned Ordinance, have become, and are subject 
 to the power, authority, order and control of the said Coun- 
 cil of the said city, shall continue to be, and shall be and 
 remain, subject to the power and authority, order and control, 
 of the said Council of the said city ; and the said Council council to 
 shall, moreover, have the exclusive power to grant or refuse fic"iiB/»r^ 
 Ferry Licenses to persons plying as Ferrymen to the said 
 City of Montreal from any place within nine miles of the said 
 city ; any law, usage or custom to the contrary notwith- 
 standing. 
 
 64. And be it enacted, Tliat it shall be lawful for the said council autiio- 
 Council of the said City of Montreal to borrow, on the credit uf •''certiTn 'ix^ 
 of the said city, such sum or sums of money as the said Coun- ^" ' - 
 cil of the said city may think proper to borrow on the credit 
 of the said city : Provided always, that the total amount 
 borrowed, and remaining unpaid, exclusive and independent 
 of the amounts due, or to become duo, for the purchase of the 
 Montreal Water Works, authorized to be made in and by the 
 
38 
 
 CITY CHARTER AND OTHER ACTS. 
 
 City i-cvonuag 
 charged witli 
 tlip payment of 
 such debt and 
 all other dobts 
 coutractcd by 
 tlic Council. 
 
 Act passed in the seventh year of Her Majesty's Reign, and 
 intituled, An Act to authorize the Mat/or, Aldermen and 
 Citizens of Montreal, to purchase, acquire, and hold the pro- 
 peril/ noto known as the Montreal Water Works, shall not 
 exceed at any one tim'" the sum of One Hundred and Fifty 
 Thousand Pounds, currency ; and all and every public moneys 
 raised, or to be raised, by assessment as aforesaid, and all 
 moneys now due and payable, or that may hereafter be due 
 and payable to the said Council of the said city, as well as 
 all other moneys hereafter, to be raised or received by and 
 under the authority of that Act, or of any other Act, or by 
 any other cause or causes whatever, shall be charged and 
 chargeable with the payment of the sums of money so to be 
 borrowed by the Council of the said city, and with the pay- 
 menc of the sums of money which have been already borrowed 
 by the said Council of the said city, and generally with the 
 payment of all debts which have been or may be legally con- 
 tracted, or which are now or hereafter may be legally duo and 
 owing by the said Council of the said City ; and all sums of 
 money heretofore legally borrowed by the said Council of the 
 said city, and still remaining unpaid, and all sums of money 
 hereafter to be legally borrowed by the said Council of the 
 said city, and generally all debts now legally due or hero- 
 after to be legally due by the said Council of the said city, 
 shall be payable from and out of all or any moneys that may 
 be raised or received by the said Council, under the autho- 
 rity of this Act, or under the authority of any other Act now 
 in force, or that hereafter may bo in force in this Province, 
 or by any other cause or causes whatever. 
 
 55. And be it enacted. That for the purpose of extending 
 and improving the said Water Works, it shall and may be law- 
 ful for the said Corporation of the said city, to borrow over and 
 above the sum of One Hundred and Fifty Thousand Pounds, 
 current money aforesaid, to which the said Corporation is 
 limited in the next preceding section of this Act, such sum or 
 sums of money not exceeding the sum of Fifty Thousand 
 Pounds current money aforesaid, in all, as the said Corpora- 
 tion may find it necessary or expedient to borrow for the 
 
 Corporation 
 may borrow a 
 I'urihor 8uni, for 
 tlu> oxt(>nt<ion 
 and imiirovo- 
 nicnf of Wafer 
 Work;*. 
 
CITY CHARTER AND OTHER ACTS. 
 
 39 
 
 extension and improvement of the said Water Works, and it 
 shall and may be lawful for the said Corporation to issue 
 under the Hand of the Mayor, and the Seal of the Corpora- 
 tion, Debentures or Corporation Bonds, for the sum or sums 
 of money to be so borrowed as aforesaid for the extension and 
 improvement of the said Water Works, payable at such time 
 and times after the granting and issuing thereof, to the bearer 
 thereof, either within this Province, or any place or places 
 without this Province, and either in the currency of this Pro- 
 vince or in sterling money, or in the currency of the place 
 where the same may be respectively made payable, which said 
 Bonds shall bear interest payable semi-annually, on the first 
 days of May and November in each year, and at a rate not 
 exceeding six per centum per annum, and all such Debentures 
 or Bonds may have Coupons thereto annexed, for the said 
 half yearly interest thereon, which Coupons being signed by 
 the Mayor shall be respectively payable to the bearer thereof 
 when the half yearly interest therein mentioned becomes duo, 
 and shall on payment thereof be delivered up to the Corporation, 
 and the possession of any such Coupon by the Corporation 
 shall be pritnd facie evidence that the half year's interest 
 therein mentioned has been paid according to the tenor of 
 such Debentures or Bond, and all the provisions of this section 
 shall apply as well to the Debenture or Bonds, heretofore 
 issued, as to those to be issued after the passing of this Act, 
 and all .such Debentures or Bonds, and as well the interest 
 as the principal thereof, are and shall be secured on the 
 general funds of the said Corporation, as well as by special 
 privilege on the said Water Works, immediately next in order 
 to and after extinction by payment of the Debentures or 
 Bonds already issued for the purchase of the said Water 
 Works under and by virtue of the provisions of an Act passed 
 in the seventh year of Her Majesty's Reign, intituled, An 
 Act to authorize the Mai/or, Aldermen and Citizens of Mon- 
 treal to purchase^ acquire and hold the property now known as 
 the Montreal Water Works^ and all the privileges and advan- 
 tages granted and secured to the said Debentures or Bonds, 
 already issued as aforesaid for the purchase of the said Water 
 
 Mny ifsue do- 
 
 bClltUIC!', &c. 
 
 To bear interest. 
 
 Coupons of de- 
 bentures, iVc. 
 
 Po8.se8siou of 
 coupons, to Ik- 
 evidence of 
 payment of 
 interest, in h 
 certain case. 
 
 Debentures to 
 come under t (lis 
 gcotion. 
 
 To be secured 
 on eeneral 
 funds, &c. 
 
 7 Vict., c. 
 cited. 
 
 I'rivtJoftcs of 
 said Act in Ik- 
 vor of Boudit 
 HJreadv iwuod 
 extended to 
 
40 
 
 CITY CHARTER AND OTHER ACTS. 
 
 those to be 
 issued uiidt-r 
 this Act. 
 
 Proviso : na to 
 priority of pri- 
 vilege. 
 
 A rate or assess- 
 ment to bo le- 
 vied for supply- 
 ill^ water. 
 
 Who is to bo 
 subject to such 
 rate. 
 
 Rate, when 
 payable. 
 
 Not to exceed 
 Is. 6d. in tlie 
 pound, &c. 
 
 Ity whom paid. 
 
 Notice to bo 
 given. 
 
 For a broken 
 period, tlie rate 
 to be in propor- 
 tion. 
 
 As to tlio rate 
 Iter annum. 
 Troviso : no Air- 
 thor cliarge to 
 bo made. 
 
 Works, in and by the above mentioned Act, shall be and the 
 same are hereby extended to, granted and secured for and 
 in favour of the Debentures or Bonds which shall or may be 
 hereafter issued by the said Corporation in pursuance of this 
 Act : Provided that nothing herein contained shall be held or 
 construed to aflFect or destroy the priority of privilege of the 
 said Bonds so as aforesaid already issued for the purchase of 
 the said Water Works. 
 
 56. And be it enacted. That it shall and may be lawful 
 for the said Corporation, when and so soon as they are pre- 
 pared to supply the said city or any parts thereof with water, 
 to specify and declare by a By-law, that the proprietors or 
 occupiers of houses, stores and similar buildings in the said 
 city, or in such parts thereof as they are ready to supply as 
 aforesaid, or both the said proprietors and occupants shall by 
 reason thereof be subject to an annual rate or assessment 
 payable at the periods to be fixed by the said By-law, to thvi 
 said Corporation, which rate or assessment shall not howover 
 be made payable before the water is ready to be supplied to 
 the said proprietors or occupiers by the said Corporation, and 
 shall not exceed One Shilling and Six pence in the Pound on 
 the assessed annual value of the said houses, stores and simi- 
 lar buildings, and the said rate or assessment shall and may 
 be imposed upon, and shall be payable by all such proprietors 
 and occupiers, fta well by those who consent as by those who 
 refuse to receive into their houses, stores or other buildings, 
 the water-pipe to receive the same, but such rate or assess- 
 ment shall not bo payable by the proprietors or occupiers of 
 any such house, store or building, in the said city, until after 
 the said Corporation shall have notified him, that they are 
 prepared and ready to supply such house, store or building, 
 with water ; and if from the time of such notification, to the 
 next period appointed for the payment of such rate or assess- 
 ment, there shall be any broken period, then such rate or 
 assessment shall be payable pro rata, for such broken period 
 as if accruing day by day ; but the rate per annum shall not 
 exceed that limited by this Act : Provided that no other or 
 further charge than the said rate or assessment shall be made 
 
CITY CHARTER AND OTHER ACTS. 
 
 41 
 
 te or assesa- 
 
 Froviso : as t(i 
 who shall bear 
 certain expen- 
 ses 
 
 for the supply of the water as aforesaid, any thing in the 
 said last mentioned Act to the contrary notwithstanding : 
 And Provided also, that the expense of introducing the said 
 water into the said houses, stores or other buildings, shall be 
 borne by the said Corporation, and the work performed by 
 the same, but the distribution of the said water through the 
 said houses, stores or other buildings, after being introduced 
 into them, shall be borne by such proprietors or occupiers, if 
 required by them. 
 
 57. And be it enacted, That the said Corporation shall 
 have power to make special agreements with parties inter- 
 ested for the supply of water for any Steam Engine, Baths, 
 Breweries, Distilleries, Manufactories, Livery Stables, Hotels, 
 or other special cases: And in all cases where any party 
 receiving or entitled to receive a supply of water from the 
 said Corporation, shall neglect or refuse to pay the said rate 
 or assessment, it shall be lawful for the said Corporation to 
 turn off the water from the premises of the said party, and to 
 discontinue the supply of water to the said party ; but the 
 said party shall notwithstanding continu > to be liable for, and 
 shall be bound to pay the said arrears, and likewise the rate 
 or assessment thereafter to become due under the said By- 
 law. 
 
 58. And be it enacted, That it shall be lawful for the 
 said Council, at any meeting or meetings of the said Council, 
 composed of not less than two-thirds of the members thereof, 
 to make By-laws, which shall be binding on all pereons for 
 the following purposes, that is to say : 
 
 For the good rule, peace, welfare, improvement, cleanli- 
 ness, health, internal economy and local government of the 
 said city, and for the prevention and suppression of all 
 nuisances, and all acts and proceedings in the said city, 
 obstructive of, or opposed, or disadvantageous to, the good 
 rule, peace, welfare, improvement, cleanliness, health, in- 
 ternal economy or local government of the said city. 
 
 For the raising, assessing and applying such moneys, as 
 may be required for the execution of the powers with which 
 tlic said Council is now, or may be hereafter invested, either 
 
 Corporation 
 inav make spe- 
 cialagrcements, 
 in certain cases, 
 forthosupplyof 
 water. 
 
 Supply of water 
 may bo discon- 
 tinued for non- 
 payment. 
 
 Party to remain 
 liable to arrears 
 and subsequent 
 rates. 
 
 Council to make 
 By-laws for cer- 
 tain general 
 purposes. 
 
 For the oloanli- 
 ncss, hcalth,and 
 local govern- 
 ment of the city. 
 
 For raiding and 
 applying mo- 
 lievs, by lolls, 
 rates, or assoKs- 
 monts. 
 
 F 
 
42 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Or dutio8 on 
 public houses, 
 rotailers of spi- 
 rituous liquors, 
 podlars. 
 
 Tlipatres, &c., 
 horscF, carri- 
 ages, billiard 
 tables, dogs. 
 
 Wholesale and 
 retail dealers, 
 
 Itanks, 
 
 Forwarders, 
 
 lirokcrs, 
 
 by imposing tolls and rates, to be paid in respect of any 
 Public Works within the said city, or by means of. a rate or 
 asse3sment, to be assessed and levied each and every year, 
 on real or personal property, or both, within the said city, 
 or upon the owners or occupiers thereof in respect of such 
 property, provided that such assessment may in any one year, 
 amount to, but shall not exceed (excepting as hereinafter 
 provided) One Shilling and Six pence in the Pound on the 
 assessed yearly value of the property, liable to such assess- 
 ment ; and by imposing a duty or duties on the keepers of 
 houses of public entertainment, and the retailers of spirituous 
 liquors, and on Merchants and Dealers and the Agents of all 
 such resorting to, or visiting the city, to take or receive 
 orders therein, or to sell therein, or buy according to sample, 
 contract or agreement, or in any other manner or way what- 
 soever, and on all hawkers, pedlars, and petty chapmen 
 within the city ; and on all proprietors, owners, agents, 
 managers or keepers of Theatres, Circuses or public enter- 
 tainments. Exhibitions or shows of any kind ; or of horses or 
 carriages of any kind kept for pleasure, for use, for working 
 or for letting or hiring out, or of billiard tables, ball alleys or 
 games, amusements or means of gambling of any kind, or of 
 dogs within the said city; and on all wholesale or retail 
 dealers in goods, wares or merchandize of any kind, withiri 
 the said city, and the premises occupied by any and all such ; 
 on Bankers, Banks and all agents of Bankers or Banks and 
 the premises occupied by all such, and on all Banking Insti- 
 tutions, and all premises occupied as Banks, Bank agencies, 
 or for Banking purposes of any kind whatsoever, in the said 
 city, except that particular class of Savings Banks in the 
 said city which are or may be established for the benefit and 
 advantage of the industrial and labouring classes of the people, 
 and not for the profit of the Stockholders, which said class 
 of Savings Banks are hereby exempted from any special rate 
 or assessment, other than the ordinary rate or assessment 
 levied on all real property in the said city ; on all Forward- 
 ing Merchants or Forwarders and the agents of all such, and 
 all premises occupied by them ; on all Brokers and money 
 
CITY CHARTER AND OTHER ACTS. 
 
 4ii 
 
 ners, agents, 
 
 Insuranco com- 
 pauies, 
 
 Agents, 
 
 Gas companies, 
 
 Coifeo houses, 
 
 Auctioneers, 
 &o., 
 
 changers and the agents of all such, and the premises occu- 
 pied by all such Brokers, money-changers or their agents in 
 the said city ; on all Insurance Companies, and all agents 
 of, or for any Insurance Company or Companies in the said 
 city, and all premises occupied by such Insurance Com- 
 panies, or by any agent or agents of, or for any such in the 
 said city ; on all agents of merchants residing in any other 
 city or place in this said Province, or elsewhere ; on all 
 Telegraph Companies and the agents of all such in the said 
 city, and on the proprietors of all Telegraph wires or means 
 of communication in the said city, or passing through any 
 part thereof ; on all Gas Companies, and the premises used 
 and occupied by all such within the said city ; on all keepers 
 of Eating Houses, Coffee Houses and Ordinaries; on all 
 Auctioneers, Grocers, Bakers, Butchers, Hucksters, Pawn- 
 brokers, Livery Stable Keepers and Carters ; on all Traders Manufecturore, 
 and Manufacturei*s, and the agents of all such ; on all Bowers and 
 
 ' o ' distillers. 
 
 Brewers, Distillers,, Soap or Candle Manufacturers ; on all timudicrs, 
 Camphine or other Oil Manufacturers ; on all Ginger Beer, 
 Spruce Beer and Root Beer Brewers, and the Agents and 
 Agencies of any and all such ; on all Brick Manufactures, Brick makers. 
 Dealers in Wood and Proprietors or Keepers of Wood Yards ; 
 on all Proprietors and Keepers of Tanneries and Slaughter 
 Houses in the city, on all Inspectors of Pot or Pearl Ashes, 
 of Beef, Pork, Flour, Butter, or any other produce, articles 
 or effects whatsoever in the said city, and generally on all 
 trades, manufactories, occupations, business, arts, professions 
 or means of profit, livelihood or gain, w^hether herein before 
 enumerated or not, which now are or may hereafter be 
 carried on, exercised or in operation in the city ; on all 
 persons by whom the same are or may be carried on, exer- 
 cised or put in operation therem, either on their own account 
 or as Agents for others ; and on the premises wherein or 
 whereon the same are or may be so carried on, exercised or 
 put in operation ; and on all persons acting as Ferrymen to Ferrymen, 
 the said city or plying for hire for the conveyance of persons 
 by water to the said city from any place not more than nine 
 miles distant from the same. 
 
 Inspectors of 
 aslies, &c,, 
 
 All trades and 
 business gene- 
 rally. 
 
44 
 
 CITY CHARTER AND OTHER ACTS. 
 
 To increase 
 commutation 
 money, or to 
 exempt parties 
 tliorcfrom. 
 
 To cliangc sites 
 of market 
 places when 
 necessary. 
 
 Saving the 
 rights of parties 
 Rggiieved. 
 
 I'o determine 
 powers of 
 Clerlts of Mai^ 
 kets and otiier 
 oificers employ- 
 ed about the 
 markets. 
 
 To lot stalls, and 
 regulate the sale 
 ot articles on 
 the markets. 
 
 For increasing the amount of the commutation money pay- 
 able by each person liable to statute labour on the highways 
 within the said city^ to any sum not exceeding five shillings, 
 currency, for ea,dh person so liable ; and for obliging each 
 and every person, so liable, to pay the amount of such com- 
 mutation money so fixed, without being allowed to offer his 
 personal labour on the said highways instead thereof, and for 
 exempting from the payment of such commutation money, 
 any class of persons to whom they shall deem it right to grant 
 such exemption on account of the limited pecuniary means of 
 such persons liable to pay the same. 
 
 For changing the site of any market or market-place 
 within the said city, or to establish any new market or 
 market-place, or to abolish any market or market-place, now 
 in existence, or hereafter to be in existence in the said city, 
 or to appropriate the site thereof, or any part of such site, 
 for any other public purpose whatever, any Idw, statute or 
 usage to the contrary notwithstanding ; saving to any party 
 aggrieved by any act of the said Council respecting any such 
 market or market place, any remedy such party may, by 
 law, have against the Corporation of the said city, for any 
 damage by such party sustained by reason of such act. 
 
 For determining and regulating the powers and duties of 
 the Clerks of the Markets in the said city, and of all other 
 officers and persons employed, or to be employed by the said 
 Council in or about any of the said markets ; and for letting 
 the stalls and other places for selling or exposing to sale any 
 kind of goods or commodities in the said markets, or upon the 
 said market-places ; and for imposing, regulating, fixing and 
 determining the duties, taxes or rates to be paid by any per- 
 son or persons selling or retailing, in or at any of the said 
 markets, any provisions, vegetables, butchers' meat of any 
 kind, grain, fowls, hay, straw, fire-wood or any other thing or 
 things whatever ; and for regulating the conduct of all per- 
 sons buying or selling in or at any of the said markets ; and 
 to provide for the weighing or measuring, as the case may 
 require, at the instance of any party interested, by any officer 
 or other person to be named for that purpose by the said 
 
CITY CHARTER AND OTHER ACTS. 
 
 46 
 
 Council, and on the payment of such fees as the said Council 
 may think fit to impose on that behalf, of any thing or things 
 sold or offered for sale in or at any such market. 
 
 For regulating all vehicles of every kind whatever in which To rcRuiatc 
 any articles shall be exposed for sale in any public market, ket, anii impose 
 
 '' 1 ,V , •,! • ,1 -J •. 1 i» duties thereon. 
 
 or in any street or public place, withm the said city, and tor 
 imposing a duty or duties on such vehicles, and establishing the 
 mode iii which such duty or duties shall be collected and paid. 
 
 For establishing a Board or Boards of Health for and 
 within the said city, and for appointing the Members thereof. To cBtabHsh a 
 and for making all such regulations as they may deem neces- Health, 
 sary for preserving the inhabitants thereof from contagious 
 and infectious disease, or for diminishing the danger of, 
 or arising from the same. 
 
 To confer upon and to convey to the said Board of Health 
 all the privileges, power and authority in relation to the To confer cer- 
 
 • tftiii DrivilGircs 
 
 duties of the said Board, and all Ordei's to be made, and all on the Board of 
 things to be done by the said Board, as are possessed by the 
 said Council, and the said Council is itself invested with in 
 reference to health. 
 
 To prohibit interments within the limits of the said city, 
 or any particular section thereof, or within any particular To prohibit in- 
 burying-ground, vault or other place therein ; to compel the city, 
 taking up or the removal and re-interment out of, and beyond 
 the said city, of any Body interred within the said limits 
 contrary to such prohibition : Provided that nothing herein 
 contained shall prevent the interment in Roman Catholic 
 Churches in the said city, of Priests or Nuns of the said 
 Roman Catholic faith. 
 
 For regulating the weight or measurement of all fire-wood, 
 coals and salt, and of all grain brought into the said city, for To regulate 
 sale and consumption therein ; for regulating and determining wowi', c^oais^ 
 in what manner, either by measurement or weight, or both ** ' '" ^^ " 
 measurement or weight, any or all of the said articles shall 
 hereafter be bought and sold in the said city, and for appoint- 
 ing Measurers and Weighers of all such articles, and establish- 
 ing and regulating the fees to be paid to such ofl&cers, and 
 the duties they shall perform. 
 
46 
 
 CITY CHARTER AND OTHER ACTS. 
 
 To twsogg roal 
 |)ri»|)orly for 
 coniiiion HOW- 
 on. 
 
 To CDiniK'l the 
 cnrlo«iuro of all 
 roni proporty. 
 
 To regulate the 
 oponiuft of 
 
 HM'COtS. 
 
 To compel occu- 
 paut8 of un- 
 ibnced lots of 
 land to fonco 
 the same. 
 
 For assessing the Proprietors of Real Property, for such 
 sum or sums as may at any time be necessary to defray 
 the expenses of making or repairing any common sewer in 
 any public street or highway within the said city, and imme- 
 diately in front of such real property respectively, and for 
 regulating the mode in Avhich such assessments shall be col- 
 lected and paid. 
 
 To compel the Proprietor or Proprietors of all Real Pro- 
 perty within the city limits, their Agents, and all others hav- 
 ing or assuming charge of such property, to enclose the same ; 
 and to regulate the height, quantity and material of every 
 such enclosure. 
 
 To prohibit the opening, making or extending of any street, 
 lane or roadway, either public or private, within the city, 
 unless the same be opened, made or extended at a width of 
 at least sixty feet French measure : Provided however, that 
 lanes made in rear of lots solely for the purpose of communi- 
 cating with the out-buildings and yards on such lots, be 
 specially exempted from the operation of such By-law. 
 
 To compel the Occupants of unfenced lots of land in the 
 said city, or of land therein, having stagnant or filthy water 
 in or upon it, or of land in the said city that is in other way 
 offensive or dangerous to the public health, and the Agents 
 of the Proprietors of all such lands, and all persons having 
 or assuming the charge of any such land, in the absence from 
 the said City of the Proprietors of the said land, or in case 
 the said Proprietors may not be able to be found, to properly 
 fence in the said land within such delay, and with fences of 
 such height, and of such material as the said Council may 
 direct, and to drain off all stagnant water from the said 
 land, or any water thereon that may be otherwise offensive 
 or dangerous, to remove therefrom all filthy and offensive 
 matters or things, and to fill up and properly level the same ; 
 And if there be no persons in occupation of the said land, 
 and no Agent or other person representing the Proprie- 
 tors of any such land in the city, or their Agents, or 
 should the Proprietors of any such land in the said city, 
 their Agents or the Occupants of the said land, or other 
 
CITY CHARTER AND OTHER ACTS. 
 
 47 
 
 assuming charge 
 
 persons in charge of the said land, or 
 
 thereof, refuse or neglect to fence in as aforesaid, to drain, 
 
 cleanse, fill up and level the same, when so directed by the 
 
 said Council, or the proper officer thereof; or should the , 
 
 said Proprietors, Agents, Occupants, or other persons, be 
 
 unable for want of means, or any other cause whatsoever, so 
 
 to fence in, drain, cleanse, fill up and level the said land 
 
 when 80 directed as aforesaid, then, and in all such cases, it , 
 
 may be competent to the said Council, and the said Council 
 
 is hereby authorised and empowered to have the same done 
 
 at the cost and expense of the said Proprietors of the said 
 
 land, and to acquire thereby a special mortgage on the said 
 
 land for the amount or sum of money so expended on the 
 
 same. 
 
 For directing and requiring the removal, at any time, of To require tho 
 
 , , , .,. ., . ,. . , removal of door 
 
 any door-steps, porches, railmgs, or other projections into, or stops, 
 obstructions in, any public street or highway within the said 
 city, by and at the expense of the Proprietors of the Real 
 Property, in, or on which such projection or obstruction shall 
 be found. 
 
 For defraying, out of the funds of the said city, the To deivay the 
 expense of lighting the said city, or any part thereof, with f$fkti"ng tiie 
 gas, or with oil, or in any other manner, and of performing *" ^' 
 all such work of any kind, as may be necessary for such pur- 
 poses ; and for obliging the Proprietors of Real Property, in 
 any part of the city so lighted or to be lighted, to allow such 
 work to be performed on or in such property, respectively ; 
 and such pipes, lamps, lamp-posts, and other contrivances ^ 
 
 or things as may be necessary for the purpose aforesaid, to 
 be fixed in or upon sucli property, or any building thereon ; 
 the expense of all such work being, in every case, defrayed 
 by the said Council, and out of the funds of the said city. 
 
 For altermg the level of the foot-paths or side-walks 'ia any to alter 
 street or highway within the said city, in such manner as the 
 said Council shall deem conducive to the convenience, safety 
 and interest of the inhabitants of the said city: Provided proviso for 
 always that the said Council shall and may make compensa- ''"'"^'*'°*"* 
 tion out of the funds of the said city, to any person whose 
 
 levels. 
 
 lOU. 
 
48 
 
 CITY CHARTER AND OTHER ACTS. 
 
 To pull down 
 old wHlU, &c. 
 
 To rogulato 
 wt'ifflit and 
 i|U»lity of 
 bri'iui. 
 
 To rcKiiliito ser- 
 vaiitd. 
 
 property shall be injuriously affected by any such alteration 
 of the level of any foot-path in front thereof. 
 
 To pull down, demolish and remove, when necessary, all 
 old dilapidated or ruinous walls, chimneys and buildings that 
 may endanger the public safety ; and to determine the time 
 and manner in which the same shall bo pulled down, demo- 
 lished, or removed, and by what party or parties the expense 
 thereof shall be borne. 
 
 For regulating, fixing and determining the weight and 
 quality of all bread that may be sold or offered for sale within 
 tho said City of Montreal. 
 
 For restraining, ruling and governing apprentices, domes- 
 tics, hired servants and journeymen, in the said City of 
 Montreal, and for tho conduct of masters and mistresses 
 towards their said apprentices, domestics, hired servants 
 and journeymen within tho said City of Montreal. 
 
 To prevent Gaming or tho keeping of any Gaming-house, 
 or place for Gambling in tho said city. 
 
 For tho government of persons plying as Ferrymen, to the 
 said City of Montreal, from any place within nine miles of 
 tho said city, and to establish a tariff or tariffs of fees to bo 
 taken by such Ferrymen ; and also to fix and determine what 
 places hi the said city may be used as Landing-places, and 
 respecting all other matters and things connected with such 
 Ferries and Landing-places. 
 
 To compel tho atten«lance of tho Members of tho said 
 Council at all Quarterly and other Meetings of the said Coun- 
 cil, and the regular performance, by the said Members of the 
 said Council, of their respective duties as Members of tho 
 said Council. 
 
 For the governing, regulating, arming, clothing, lodging 
 and paying of tho men and officera of the Constabulary Force 
 to be established under this Act, and for regulating the resi- 
 dence, classification, rank, service, uispection and distribution 
 of the said force ; and for the Government generally of the 
 said Constabulary Force, so as to prevent any neglect of duty 
 or abuse of power on the part of the Members composing the 
 force last mentioned. 
 
 To prevent 
 KiuninR. 
 
 To n'Kiilate 
 lori'viiieii nnd 
 IniiilinK-pInceo. 
 
 To comiM'l tlic 
 nttendiiiico of 
 iiienilHTH. 
 
 To rt>/iul»fe tho 
 
 roiixliibiilniy 
 
 force. 
 
CITY CHARTER AND OTHER ACTS. 
 
 49 
 
 uch alteration 
 
 To establish as many Pounds and in as many different 
 places in the said City of Montreal, as may be deemed expe- 
 dient for the impounding of horses, horned cattle, sheep, 
 goats and hogs which may be found astray, and impounded 
 according to law. 
 
 To compel and require that all kinds of live stock and all 
 kinds of provision and provender whatsoever, usually bought 
 and sold in public markets that may hereafter be brought to 
 the said city for sale, shall be taken to the public markets of 
 the said city and there exposed, and that neither the said 
 live stock nor the said provisions or provender, shall be 
 offered or exposed for sale or be sold or purchased elsewhere in 
 the said city, than on the said public markets thereof without 
 the special license and permission of the said Council. 
 
 To impose a duty on all the private marts in the said city, 
 or that may hereafter be established therein, for the sale of 
 cattle, provisions or provender, or of any thing else whatso- 
 ever that is usually sold in public markets, with power to 
 regulate and fix the said duty as regards each particular 
 mart, as the said Council may see fit. 
 
 For assessing the Citizens residing in any particular street, 
 lane, square, or section of the city, in any sum or sums 
 necessary to meet the expense of sweeping and watering the 
 said street, lane, square or section of the city, provided that 
 not less than two thirds of the said Citizens residing as afore- 
 said, in such said street, lane, square or section shall have 
 first prayed or demanded to have the same swept or watered ; 
 and provided also, that the said assessment shall in no case 
 exceed the amount of Three Ponce in the Pound. To impose 
 a special assessment over and above all other rates or assess- 
 ments which the said Council are empowered to impose, to 
 defray and meet the expenses of any building or buildings, or 
 other property whatsoever that may be demolished, destroyed? 
 injured, damaged or deteriorated in value, by any mob, 
 tumultuous assemblage, or riotous person whomsoever in the 
 said city ; provided, that in the event of the demolition, 
 destruction, injury or damage to any property in the said 
 city by any mob or tumultuous assembly, if the said Council 
 
 a 
 
 To oetablish 
 Pounds. 
 
 To compel )ivi> 
 stock and pro- 
 visions brought 
 to tlie city to be 
 taken to tlie 
 markets. 
 
 To impodo a 
 duty on privato 
 marts. 
 
 To assess tlio 
 citizons for 
 watering and 
 swooping any 
 particular 
 street. 
 
 To assess Tor 
 property de- 
 stroyed by mob 
 or fiuring riots. 
 
50 
 
 CITY CHARTER AND OTHER ACTS. 
 
 kli 
 
 or stoiio. 
 
 omit to provide, by such special assessment, to defray the 
 expense thereof within six months after the destruction or 
 injury of the said property, then the said Council shall be 
 liable to pay the same, and the Proprietors of the property 
 destroyed or injured may recover the amount or value there- 
 of by action against the said Council. 
 To prohibit the To prohibit and prevent the construction of any wooden 
 wooden build- building, of anylcind or description whatever, or the covering 
 oifir. ' " of any building of any kind whatsoever Avith shingles or 
 wooden materials of any kind whatsoever, within the city 
 limits ; And to require and enforce the erection of separation- 
 Waii8 of brick walls of stonc or of brick, and of such height and thickness 
 as the said Council may deem necessary, between all lots of 
 land belonging to diflFerent Proprietors, and situated within 
 that part of the said city, which is bounded by the River 
 St. Lawrence, by Craig, Lacroix and M'Gill streets ; any 
 law, usage or custom to the contrary notwithstanding. 
 
 To prohibit the erection of any steam-engine within the 
 limits of the said city, unless the building containing the 
 same, shall be distinct from any other building, and from the 
 line of any street, square, lane, or other thoroughfare, at 
 least one hundred feet. 
 
 To punish, cither by fine or imprisonment, or by both, any 
 person or persons who shall ill-use, or cruelly treat any 
 animal, within the limits of the said city. 
 
 And by any such By-law for any of the purposes aforesaid, 
 the said Council may impose such fines not exceeding Five 
 Pounds, or such imprisonment not exceeding thirty days, or 
 both, as they may deem necessary for enforcing the same. 
 Council may 69. And for the bettor protection of the lives and pro- 
 
 to prcvoiit scci- perty of the inhabitants ot the said city, and for preventing 
 accidents by firo therein. Be it enacted. That from and after 
 
 To prohibit 
 ctoaui onginofl. 
 
 ("niolty to ani 
 mnli!!. 
 
 I'cnalty. 
 
 the passing of this Act, the said Council of the said city, 
 at a meeting of the said Council, comiK>sed of not less than 
 two thirds of tho Members of the said Council, shall, more- 
 over, have full power and authority to make By-laws* which 
 shall be binding on all persons, for tho following purposes, that 
 is to say : 
 
CITY CHARTER AND OTHER ACTS. 
 
 51 
 
 For regulatmo; the construction, dimensions, height and And to regulate 
 elevation of chimneys, and specially where any houses or pre- ciiimneyn, 
 mises are built or elevated above other houses and premises 
 to which they may adjoin or be near, by whom, at whose 
 cost, in what manner, to what height, and within what delay 
 the chimneys of the less elevated houses or premises shall be 
 raised or built up so as not to endanger the adjoining or neigh- 
 bouring premises, and to prevent all hazard of accident or 
 loss by fire. 
 
 For establishing such rules and regulations as they shall And conduct ot 
 deem expedient for preventing accidents by fire, and for the ^"°"* " 
 conduct of all persons present at any fire within the city. 
 
 For appointing all such Officers as they may deem neces- To appoint otn. 
 
 CGTB to cftrrv 
 
 sary for .; '^yiug such rules and regulations as aforesaid, rules into eflbct. 
 into effec' " or prescribing the duties of such Officers, 
 and proviv I jr their adequate remuneration out of the 
 funds of the said city. 
 
 For defraying, out of the said funds, any expenses that To defray ex- 
 they may deem it right to incur, for the purchase of engines voat rtrts. 
 or apparatus of any kind, or for any other purpose relative 
 to the prevention of accidents by fire, or to the means of 
 arresting the progress of fires. 
 
 For authorizing such Officers as shall be appointed by the To authorize 
 Council for that purpose, to visit and examine at suitable buiidinK*, for 
 times and hours, to bo established in such By-laws, as well ci'ifJrdng w/cii 
 the interior as the exterior of all houses, buildings, and real 
 property, of any description, within the said city, for the 
 purpose of ascertaining whether the rules and regulations to 
 bo made as aforesaid, have been duly observed and obeyed ; 
 and for obliging all Proprietors, Possessors or Occupants of 
 such houses, buildings, or real property, to admit such 
 officers and persons into and upon the same, at the times and 
 for the purposes aforesaid. 
 
 For vesting in such Members of the said Council, and in To anthorim 
 such Officers as shall bo designated in such By-laws, the oi*^buiidin^'""n 
 power of causing to bo demolished or taken down, all build- *"" " "" 
 iiigs or fences which such Members or Officers shall deem 
 necessary to be demolished or taken down, in order to arrest 
 the progress of any fire. 
 
52 
 
 CITY CHARTER AND OTHER ACTS. 
 
 To prevent 
 depredations 
 at fires. 
 
 To defray the 
 expenses incnr- 
 red by wounds 
 or diseases con- 
 tracted at fires, 
 or to grant pen- 
 Hions. 
 
 To cause an en- 
 (|uiry to be 
 made as to the 
 cause and origin 
 of fires. 
 
 To make a fur- 
 ther assessment 
 of three pence 
 in the pound. 
 
 Finos and im> 
 
 firisonmsnt 11m- 
 ted. 
 
 For preventing thefts and depredations at fires, and for 
 punishing any person who shall resist or maltreat any Mem- 
 ber or OflScer of the Council in the execution of any duty 
 assigned to him, or in the exercise of any power vested in 
 him by any By-law made under the authority of this section. 
 
 For defraying out of the funds of the city, any expense 
 to be incurred by the said Council, in assisting any person 
 in their employ, who shall have received any wound or con- 
 tracted any disease at any fire, or in assisting or providing 
 for the family of any person in their employ who shall perish 
 at any fire, or in bestowing rewards in money, medals, or 
 otherwise, upon any person who shall have performed any 
 meritorious action at any fire. 
 
 For establishing, or authorizing and requiring to be esta- 
 blished, after any and every fire in the said city, a judicial 
 enquiry into the cause and origin of such fire, for which pur- 
 pose the said Council or any Committee thereof, authorized 
 to the effect aforesaid, or the Recorder of the said city, is 
 hereby authorized and empowered to compel the attendance 
 of parties and witnesses before them, under pain of fine and 
 imprisonment, or both ; to examine them on oath ; and to 
 commit for trial any party or parties against whom well- 
 grounded cause of suspicion may be found of their having 
 wilfully or maliciously originated the said fire or fires. 
 
 For imposing over and above all other rates, assessments 
 or duties, which the said Council are empowered to impose, 
 an annual rate or assessment to be assessed and levied on 
 all real property within the said city, or upon the Owners or 
 Occupiers thereof, in respect of such property, provided that 
 such assessment shall not, in any one year, exceed Three 
 pence in the Pound on the assessed value of the property 
 lying and being within the said City, and for regulating the 
 time and manner in which such rate or assessment shall be 
 collected ; and by any By-law, for any of the purposes for 
 which the said Council are authorized by this section of this 
 Act to make any By-law, the said Council may impose such 
 fines not exceeding Five Pounds, or such imprisonment not 
 exceeding thirty days, or both, as they may deem expedient 
 for enforcing the same. 
 
CITY CHARTER AND OTHER ACTS. 
 
 68 
 
 60. And be it enacted, That any person enrolled and 
 serving in any fire, hose, hook or ladder, or property protect- 
 ing company, established or to be established by the said 
 Council, or in any such company under the control and man- 
 agement of the said Council of the said city, shall, during 
 the time he may so continue enrolled and serve, be exempted 
 from the payment of the commutation money for statute labour, 
 and from serving as a Juror, Constable, or Militiaman, except- 
 ing during any war or invasion of the Province. 
 
 61. And be it enacted. That it shall be lawful for the 
 said Council of the said city, at a Meeting or Meetings of 
 the said Council, composed of not less than two thirds of the 
 said Council, to impose by By-law, a penalty not exceeding 
 One Hundred Pounds, currency of the said Province, on any 
 assessor or assessors of, in or for the said city or any ward 
 thereof, refusing or wilfully neglecting to attend to, perform 
 or fulfil, the duty or duties, which he or they, the said asses- 
 sor or assessors, are or may be bound and required by law to 
 attend to, perform and fulfil ; and a like penalty not exceeding 
 One Hundred Pounds on every such assessor performing the 
 said duty in a negligent, partial or imperfect manner. 
 
 62. And whereas the different systems of chimney-sweeping 
 that have heretofore been in use in the said city, have proved 
 to be defective and bad, and it is highly important to establish 
 an efficient system of chimney sweeping : Be it therefore 
 enacted. That it shall be lawful for the said Council to grant 
 to persons intending to pursue the occupation of chimney 
 sweeping in the said city, or in any such part thereof, 
 licenses to sweep chimneys for gain or hire in the said city, 
 or in such part thereof as the license or licenses so to be granted 
 may extend to, upon the payment of such duty or tax in that 
 behalf, and upon such other terms and conditions as the said 
 Council may deem it expedient to impose ; and from and after 
 the passing of this Act, no person shall, for gain or hire, 
 sweep any chimney, or part of any chimney in the said city, 
 or for gain or hire cause any chimney iik the said city to be 
 swept, without having received a license from the said Council 
 to sweep chimneys in the said city, or in some part of the said 
 
 Firemen ex- 
 empted from 
 certain duties. 
 
 Council empow- 
 ered to impose 
 penalty on as- 
 sessors neglect- 
 ing their duty. 
 
 Chiraiioys, how 
 to be sweut. 
 
 Sweepers to bo 
 licensed. 
 
61 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Allowances to 
 such sweeps to 
 bo ostabllshed 
 by a tariff. 
 
 City to be designated in the said license ; nor from and after 
 the passing of this Act, shall any person, having received any 
 such license, for gain or hire, sweep any chimney or part of 
 a chimney, nor for gain or hire cause any chimney or part of 
 a chimney to be swept, after the time for which such license 
 shall be granted, or at any place within the said city to which 
 such license shall not extend, or beyond the limits mentioned 
 in such license ; nor shall any person, having obtained such 
 license, charge or receive, either directly or indirectly, any 
 greater sum or allowance of any kind, for the sweeping of any 
 chimney or part of a chimney, or for any work or service 
 connected therewith, or for any service to be performed under 
 such license, than he may be allowed to charge under the 
 Tariff to be established in that behalf, as hereinafter provided 
 for, under a penalty of Twenty-five Shillings currency, for 
 each and every o^ence against any one or more of the fore- 
 going provisions in this section of this Act contained. 
 
 63. And be it enacted. That it shall be lawful for this 
 said Council, at a meeting or meetings of the said Council, 
 composed of not less than two-thirds of the said Council, to 
 make By-laws, which shall be binding on all persons, for caus- 
 ing all chimneys, within the said city, to be swept by a Licensed 
 Sweep in such manner, at such times, and so often as the 
 said Council shall appoint, and to establish a Tariff of the rates 
 or prices to be paid to such Licensed Sweeps for the sweep- 
 ing of chimneys ; and in every case in which a chimney shall 
 take fire in the said city, the occupant of the house in 
 which such chimney shall take fire, shall pay a penalty of not 
 less than twenty-five shillings currency, and not more than 
 fifty shillings, currency, at the discretion of the Court before 
 which the recovery of such penalty shall be sought, together 
 with the costs of suit, unless the occupant of the house in 
 which such chimney shall take fire, shall have caused, and 
 proved that he caused the chimney that may have so taken 
 fire, to be swept, by a Licensed Sweep, and unless it appear 
 that according to the By-laws of the said City of Montreal 
 it was not incumbent on such occupant to cause such chimney 
 to be swept, between the time of the sweeping thereof by 
 
 By-laws to be 
 made respecting 
 sweeps. 
 
CITY CHARTER AND OTHER ACTS. 
 
 65 
 
 Chimnejr takiti); 
 tire, a penalty to 
 be paid, and by 
 whom. 
 
 Construction of 
 the liability ot 
 occupants, and 
 as to the nature 
 of such chim- 
 neys. 
 
 such Licensed Sweep, and the time at which such chimney may 
 have taken fire ; Provided always, that any occupant of any 
 part of a house in the said city, who may use, or cause to 
 be used, the whole or any part of a chimney in, or attached, 
 or forming a part of any such house in the said city, shall 
 be considered, for all and every the purposes of this section 
 of this Act, as the occupant of such house ; and provided fur- 
 ther, that if any chimney that may so take fire, be in the use, 
 or be used by the occupants of different buildings, or by the 
 occupants of different parts of the same building, each such 
 occupant shall be subject to the same liabilities, in all respects, 
 as if such chimney had been in his sole use ; and provided also 
 that any chimhey which may be used in any way, for tho 
 piypose of heating any building, or of conducting the smoke 
 from any building or for any such purpose, whether such chim- 
 ney be inside or outside of such building, or partly inside and 
 partly outside of such building, shall be considered as a chim- 
 ney in such building, for all and every the intents and purposes 
 of this Act. 
 
 64. Provided always, and be it enacted. That a copy of 
 every By-law to be made by virtue of this Act, shall be trans- 
 mitted with all convenient speed, after the making thereof, 
 to the Governor of this Province for the time being ; and it 
 shall be lawful for the said Governor, by and with the advice 
 of the Executive Council of this Province, within three months 
 from and after the receipt of such copy, to disallow any such 
 By-law ; and such disallowance shall without delay be signi- 
 fied to the Mayor of the said city, and thenceforward such 
 By-law shall be void and of no effect : Provided also, that all 
 By-laws repugnant to any law of the land, or to any Act of 
 the Legislature of this Province, shall be null and void. 
 
 65. Provided always, and be it enacted, That all and every 
 the Rules, Orders and Regulations and Acts of Authority, 
 legally made by the said Council since the passing of the said 
 Ordinance to incorporate the said City and Town of Montreal, 
 or by the Justices of the Peace for the District of Montreal, 
 before the passing of the last mentioned Ordinance to incorpo- 
 rate the said City and Town of Montreal, which may be in force 
 
 All By-laws to 
 be submitted to 
 the Governor, 
 and may be dis- 
 allowed. 
 
 All Uy-laws in 
 force, to con- 
 tinue in force. 
 
56 
 
 CITY CHARTER I^ND OTHER ACTS. 
 
 Oorpormtions 
 may invest price 
 or compensa- 
 tion for pro- 
 perty. 
 
 Council may 
 purchase pro- 
 IKTty for public 
 cemetery. 
 
 at the time of the passing of this Act, shall continue, be, and 
 remain in full force and virtue, until the same shall be rescin- 
 ded, repealed or altered by the said Council, under the autho- 
 rity of this Act, or by other competent legal authority. 
 
 [Sections 66, 67, 68, 69, 70, 71, relating to expropriations, 
 repealed by 27, 28 Vic, cap. 60.] 
 
 72. And be it enacted. That all Corporations, ecclesias- 
 tical or civil, whose property, or any part of whose property, 
 shall be conveyed to, or taken by the said Corporation 
 of the City of Montreal, under the authority of this Act, 
 may invest the price of compensation paid for the property 
 so conveyed or taken, in other real property in any part of 
 this Province, and may take and hold the sante without Her 
 Majesty's Letters of Mortmain ; any law to the contrq^ry 
 notwithstanding. 
 
 73. And be ijt enacted, That the said Council shall have 
 full power and authority to purchase property, to wit : real 
 estate, in the said City of Montreal, and also without and 
 beyond the limits thereof, if deemed expedient so to do, for 
 any purpose whatsoever, having for object to promote or 
 preserve the public health, and especially for the purpose of 
 establishing a public cemetery or cemeteries in or near the 
 said city, for the use and benefit of its inhabitants in the 
 environs of the said city. 
 
 [Section 74, relative to local improvements, repealed by 
 27, 28 Vic, cap. 60.] 
 
 75. And be it enacted, That in all cases of the non- 
 payment of the assessment on any real property in the said 
 city liable to assessment, an increase of ten per cent, on the 
 amount at which the said property may and shall be assessed, 
 shall annually accrue upon, and be made to, all arrears of 
 assessment due on such property, so long as the same shall 
 remain unpaid ; and the said property, or any sufiicient part 
 or portion thereof, if the same be easily susceptible of divi- 
 sion, shall, after five years' non-payment of the said arrears 
 of assessment, and increase of ten per cent, thereon, be 
 liable to be sold therefor ; and the Sheriff of the District of 
 Montreal is hereby authorized and empowered to sell and 
 
 Non-payment of 
 asKOSsment to lie 
 liable to ten per 
 cent, increaso 
 per annum. 
 
 Property to bo 
 sold niter tivo 
 yours' non-pay- 
 ment of assots- 
 niont. 
 
 Uo^f property 
 ix to t>c sold ibr 
 arrears of as- 
 
CITY CHARTER AND OTHER ACTS. 
 
 57 
 
 dispose of any and all such property, after six months' notice 
 to that effect, given by him, the said Sheriff, in the usual 
 manner and form, in payment and satisfaction of any judg- 
 ment that may be obtained for the said arrears of assessment, 
 and the increased per centage due thereon, for the said period 
 of five years, whether the said judgment be obtained in the 
 said Superior Court or in the Recorder's Court, upon a Writ 
 or Order to that effect being duly made and directed to the 
 said Sheriff from the aaid Superior Court or the said Record- 
 er's Court ; and the moneys levied by the sale of the said 
 property to be so as aforesaid sold, the said Sheriff shall in 
 all cases return before the said Superior Court, sitting in the 
 District of Montreal, to be by the said Court adjudged upon, 
 distributed and ordered to be paid according to law, and the 
 rights and privileges of the parties claiming the same : Pro- 
 vided however, that any balance or amount of the said 
 moneys to be so as aforesaid levied by the said Sheriff, 
 remaining in the hands of the said Sheriff, after the judgment 
 and distribution pronounced thereon by the said Court, shall, 
 within fifteen days thereafter, be paid over by the said 
 Sheriff to the said Mayor, Aldermen, and Citizens of the City 
 of Montreal, to remain in their hands, at the legal interest of 
 six per cent, till demanded and clainied by the party or par- 
 ties having a right to demand and claim the same. 
 
 76. And be it enacted. That any rate or assessment 
 with which any real estate within the said city may be 
 legally rated or assessed, • may be exacted and recovered, 
 either froni the owner of the real property so rated or 
 assessed, or from any person occupying the same or any part 
 'thereof, either as a tenant or otherwise ; and when any such 
 rate or assessment shall be paid by any tenant not bound to 
 make such payment, by the lease or other agreement under 
 which he holds or occupies such real estate, such tenant shall 
 have the right to deduct the sum so paid by him, from the 
 rent payable by him in respect of the enjoyment or occupa- 
 tion of the real estate so rated and assessed ; Provided 
 always, that a judgment obtained or execution issued against 
 cither party. Proprietor or Tenant, shall not debar or hinder 
 
 H 
 
 8088nicnt, and 
 per contago 
 thoroou. 
 
 Kcturii uf Slio- 
 rilT to bo made 
 to tlio Court of 
 Uucon'g UpiicIi 
 
 Ualaiico to bo 
 paid over to tbc 
 Corporation, 
 and liable to M\ 
 per cent, inter- 
 est, till demand- 
 ed by the party 
 claiming the 
 same. 
 
 Tenant lluble tn 
 pay assessment, 
 with right to 
 deduct amount 
 paid from rent. 
 
58 
 
 CITY CHARTER AND OTHER ACTS. 
 
 proceedings against the other party for payment of the said 
 rate or assessment, if the same cannot be had or obtained 
 from the party first proceeded against. 
 riiviicKo giaut- 77. And be it enacted, That all debts that, from and 
 years' assess- after the passing of this Act, shall become due to the said 
 Corporation, for any rate or assessment, assessed or imposed 
 on any real or personal property, or both, within the said 
 city, or upon the Owners or Occupiers thereof, in respect 
 of such property, or for duty on business, or for any other 
 rate, tax, or impost levied under and by virtue of any By- 
 law of the said Council, shall be privileged debts, and shall 
 be paid in preference to all other debts, excepting debts 
 due to Her Majesty, and shall, in the distribution of the 
 proceeds of property, whether real or personal, of any person 
 liable to pay any such debt, be so held, considered, and 
 adjudged, by all Courts of Justice, and by all Commissioners, 
 or other persons having jurisdiction in Bankruptcy in Lower 
 Canada : Provided always, that the privilege hereby granted 
 shall not extend beyond the rates of assessments due for 
 five years, that is to say, for the current year when such 
 claim may be made, and for the five years next preceding 
 that year : And provided also, that the said privilege shall 
 not require registration to preserve it, any Act, Ordinance, 
 or Law to the contrary notwithstanding. 
 
 78. And whereas many cases arise of enquiries into 
 facts before the said Council, as well as before Commit- 
 tees thereof when the interests of justice would be pro- 
 moted, if the witnesses brought forward could be examined 
 on oath, and power were given to the said Council and Com- 
 mittee to compel the attendance of witnesses before them : ' 
 Be it therefore enacted. That upon any enquiry or investi- 
 gation being entered into before the said Council or any 
 Committee thereof, other than those already provided for by 
 law, it shall be lawful for the Mayor of the said city, or other 
 person representing him, to issue liis Summons requiring any 
 person to appear before the said Council, or .any Committee 
 thereof as aforesaid, for the purpose of giving evidence 
 touching the said enquiry or investigation ; and if any person 
 
 Witness sum- 
 moned on en- 
 quiry at facts 
 may bo exam- 
 ined on oath. 
 
CITY CHARTER AND OTHER ACTS. 
 
 59 
 
 SO summoned shall neglect or refuse to appear at the time ' 
 and place appointed by such Summons, and no reasonable 
 excuse for his absence shall be proved before the said Coun- 
 cil or Committee, or if any person appearing in obedience to 
 such Summons, shall refuse to be examined on oath touching 
 the said enquiry or investigation, it shall be lawful for the 
 said Mayor to enforce the attendance of all such persons, and 
 to compel such persons to answer all lawful questions by the 
 like means as are used for such purposes in the ordinary 
 Courts of Civil Jurisdiction in Lower Canada : and every 
 person so neglecting or refusing to appear, or refusing 
 to be examined on oath as aforesaid, shall, moreover, on con- 
 viction thereof before the Recorder's Court of the said City 
 of Montreal, forfeit and pay such sum of money not exceed- 
 ing Five Pounds, and be liable to such imprisonment not 
 exceeding thirty days, as to the said Recorder's Court shall 
 seem meet ; And any person who shall wilfully and corruptly penalty, 
 give false evidence upon any such inquiry or investigation, 
 shall be deemed guilty of wilful and corrupt perjury, and 
 shall be liable to all the penalties of the said oflFence. 
 
 79. And whereas it is expedient to provide a summary Kocordors . 
 and inexpensive mode of recovering the debts, fines and ed "*^ 
 penalties, and of hearing and determining the offences here- 
 inafter mentioned: Be it therefore enacted. That there 
 shall be a Court of Record in the said city, which shall be 
 called the Recorder's Court of the City of Montreal, and 
 Avherein the' Recorder for the time being shall preside, assisted 
 by one or more of the Aldermen or Councillors of. the said 
 city, or in the absence of the Recorder, from sickness or 
 other causes, or when there shall be no Recorder, the Mayor, 
 or one of the Aldermen or Councillors of the said city, shall 
 preside ; and such Court shall in all cases possess the like 
 powers, and have the like jurisdiction, as to crimes, ofFence^, 
 and misdemeanors, committed in the said city, as the Court 
 of Weekly Sessions of the Peace, for the said City of Mon- 
 treal, now has or hereafter may have by law, as to crimes, 
 offences and misdemeanors, committed within its local juris- 
 diction, as well as in all those matters of civil concern, not 
 
fiO 
 
 CITY CHARTER AND OTHER ACTS. 
 
 belonging to the ordinary jurisdiction of a Court of Justice, 
 as have been or may hereafter be by Law vested in the said 
 Court of Weekly Sessions of the Peace ; and it shall be law- 
 ful for the said Recorder's Court to hear and determine all 
 causes and suits that may be brought by the said Corporation 
 of the said city, for the recovery of any sum or sums of 
 money that may be due and payable to the said Corporation 
 of the said city, as the amount of any rate, assessment, tax, 
 duty or impost lawfully imposed by any By-laAv, Rule, Regu- 
 lation or Order now in force, or that hereafter may be in 
 force in the said city, and all causes and suits that may be 
 brought by the said Corporation, for the recovery of any sum 
 or sums of money that may be due and payable to the said 
 Corporation, for the rent or occupation of any Butcher's or 
 Huckster's Stall, or other* stall or stand whatsoever, in or 
 upon any of the public markets of the said city, or as and 
 for the amount of any rate, tax, duty or impost now levied or 
 collected, or that may hereafter be lawfully imposed, levied 
 or collected on any of the said public markets ; also to hear 
 and determine all causes and suits that may be brought by 
 the said Corporation of the said City of Montreal, for the 
 recovery of any water rent or revenue, or any sum or sums 
 of money whatsoever that may be due and payable to the 
 said Corporation for water rent, or for any supply of water 
 given or furnished from the Montreal Water Works, now 
 the property of the said Corporation, to any house or 
 premises, or to or for the use of any person or persons in the 
 said city, or for the introduction of any pipe or pipes from 
 the said works into any house or premises in the said city, 
 or the enlarging, extending, repairing, altering, removing 
 or changing of any such pipe or pipes, in any house or 
 premises, or at the instance or request, or for the use or 
 benefit of any person or persons in the said city ; and also 
 to hear and determine all ofiences against any such By-law, 
 Rule, Regulation or Order, or against any law concerning 
 any market or markets in the said city, or against any law 
 concerning any assessment, tax or duty, to be levied in the 
 said city, or against any of the provisions of an Ordinance of 
 
CITY CHARTER AND OTHER ACTS. 
 
 (51 
 
 tho Legislature of the Province of Lower Canada, passed in 
 the second year of Her Majesty's Reign, and intituled, An 
 Ordinance fof establishing an ejficient system of Police in 
 the Cities of Quebec and Montreal; and also to hear and 
 determine all suits and prosecutions that may be brought for 
 the recovery of any fine or penalty that may hereafter be 
 incurred, and be due and payable under any such By-law, 
 Rule, Regulation or Order now in force, or that hereafter 
 may be in force in the said city as aforesaid, or under this 
 Act, or under any Act or Acts concerning any Marke or 
 Markets in the said city, or under any Act or Acts con- 
 cerning assessment to be raised in the said city, or under 
 any of the provisions of the said Ordinance, passed in t\e 
 second year of Her Majesty's Reign, and intituled, as above 
 mentioned. An Ordinance for establishing an efficient system 
 of Police in the Cities of Quebec and Montreal : and for the 
 purposes aforesaid, the said Recorder's Court shall be held 
 from time to time, as occasion may require, in the City Hall 
 of the said city, or in such other place in the said city as 
 the said Council of the said city may ordain ; and the City 
 Clerk of the City of Montreal shall be the Clerk of the said 
 Recorder's Court ; and the Precepts, Writs and Processes, 
 to be issued out of the said Recorder's Court, shall not 
 rccjuire to be under any Seal, but shall run and be in the 
 name and style of Her Majesty, Her Heirs or Successors, 
 and shall be signed by the Recorder of the said City of Mon- 
 treal, or in the event of his absence or non-appoirtr •t, by 
 the said Mayor or Alderman or Councillor presiding, and be 
 countersigned by the said Clerk ; and it shall be lawful for 
 the said Court to summon, by a Writ to \ ■ signed and 
 countersigned as aforesaid, the party ace g d of any oflfence 
 as aforesaid, or from whom any sum of money shall be claimed 
 for any one or more of the causes in this section before set 
 forth, and the witnesses to be heard as well in hi.-i favour 
 as against such party, and upon the appearance or default of 
 the party accused or complained against, in not appearing, 
 upon proof of service of such Summons by the return in 
 writing of the person who made the service, to proceed 
 
02 
 
 CITY CHARTER AND OTHER ACTS. 
 
 with the examination of the witnes9 or witnesses on oath, 
 and to give judgment accordingly, awarding costs for the 
 successful party ; and when the party accused or complained 
 against shall be convicted of such offence, or if judgment be 
 given in favour of the Prosecutors for the sum of money 
 sought to bo recovered, or for any part thereof, on proof or 
 by confession, to issue a Warrant or Warrants, to be signed 
 and countersigned as aforesaid, requiring any Constable 
 or Bailiff, of the goods and chattels belonging to the party 
 convicted, or against whom such judgment shall be rendered, 
 to levy the amount of such judgment, or of any penalty 
 or fine to be imposed by such conviction, as the case may be, 
 and costs of suit, and to cause sale thereof to be made ; 
 whicli Warrant shall authorize any Constable or Bailiff to 
 execute such Warrant in any part of the District of Montreal, 
 by saiaie and sale of any goods and chattels which shall and 
 may be found in the said District, appertaining to the person 
 or persons against whom such AVarrant shall thus be issued ; 
 and when the goods of a person so convicted, or against whom 
 a judgment shall be given, shall not prove sufficient to satisfy 
 such Warrant, upon a return to that effect, the said Court, 
 by a further Warrant to be signed and countersigned as 
 afox'esaid, to be addressed to any Constable or Bailiff, may 
 and shall cause to be apprehended and committed, the per- 
 son against whom such judgment shall have been so given, 
 or the person so convicted, to the Common Gaol of the 
 District in which such i)or8on may be found, there to remain 
 until the penalty imposed by such Court, or the amoimt of 
 the judgment given, with the costs in either case, shall have 
 been paid and satisfied : Provided always, that no person so 
 committed shall bo detained in gaol more than one calendar 
 month ; and provided also, that such imprisonment shall not 
 in any case have the effect of satisfying the said judgment, or 
 of debarring tlie said prosecutors from enforcing payment of 
 the said judgment, by seizure of any goods or chattels, or 
 lands and tenements, liable to seizure, tiiat may afterwards 
 be found belonging to tiio said parties, or by any other legal 
 means or process whatsoever, other than imprisoimient of the 
 
CITY CHARTEK AND OTHER ACTS. 
 
 68 
 
 said parties ; and where imprisonment for any time is the 
 punishment to be suffered by any person or persons under 
 any. conviction or convictions to be pronounced by the said 
 Recorder's Court, the said last mentioned Court, by a War- 
 rant, to be signed and countersigned as aforesaid, and to bef 
 addressed to any Constable or Bailiff, shall cause such per- 
 son so ordered to be imprisoned, to be forthwith apprehended, 
 if not already in custody, and when so in custody, or sub- 
 sequently apprehended, to be committed to the Common Gaol 
 of the District in which such person may be found, there to 
 remain for the time he may be so condemned to be 
 imprisoned. 
 
 80. And be it enacted. That it shall be lawful for the said powers of tn.. 
 Recorder's Couft to cause order to be preserved in the said couii rnrtiicr 
 Recorder's Court, aftd to punish by fine or imprisonment 
 any person guilty of any contempt of the said Court or of 
 any member thereof, if such contempt be committed during 
 the sitting, and in the presence of the said Recorder's Court ; 
 tn enforce the attendance of any witnesses in any action, 
 cause or prosecution, that may be pending before the said 
 Recorder's Court, and to compel such witnesses to answer all 
 lawful questions ; to authorise and require the examination 
 of any party on interrogatories on facts and articles faits et 
 articles, or on the juramentum litis deeisorium, or on the 
 juramentum judiciale, in the same and like cases and cir- 
 cumstances in which such examination may bo lawfully re- 
 (juired and had in the ordinary Courts of Civil Jurisdiction 
 in Lower Canada ; and to cause the execution of, and obe- 
 dience to any Order, Precept, Writ, Process or Warrant, 
 that may issue from the said Recorder's Court, for any one 
 or more of the purj)oscs aforesaid, by the like means as are 
 used for any sui5h purpose or purposes in the ordinary Courts 
 of Civil Jurisdiction in Lower Canada. And it shall be lawful 
 for the Council of the said City of Montreal, to appoint so 
 many Ikiliffs of the said Court, as the said Council may 
 think fit ; and to make and settle a tariff of the fees which 
 should bo exacted by the .Clerk of the said Recorder's Court 
 uud by the Bailiflb and other such Officers, to bo euiployod 
 
04 
 
 CITY CHARTER AND OTHER ACTS. 
 
 A" til tilt' n|i- 
 iiiiintiuciit of II 
 Itccoi-ilcr for 
 iIk'( itviil Moil- 
 iiiiil, iiV. 
 
 in and about the said Recorder's Court : Provided always, 
 that no fee shall be exacted under such tariflF until such tariff 
 be approved of by the Governor in Council. And it shall be the 
 duty of the Clerk of the said Recorder's Court, to prepare 
 and make out all the Precepts, Writs, and Processes severally 
 that may issue from the said Court, and in a Register, to be 
 kept for that purpose, to enter in a succinct manner all the 
 proceedings had in the said Court, and to record at full 
 length all the judgments rendered, and convictions pro- 
 nounced by the said Court, but not to take in writing the 
 depositions of witnesses or of parties examined in the said 
 Court; and any person who shall, either as a pf rty or as a 
 witness, wilfully and corruptly give faise evidence, in any 
 cause, suit, action, prosecution, or other pr«ceedhig in the 
 said Recorder's Court, shall be deemed guilty of wilful and 
 corrupt perjury, and shall bo liable to the penalties of Avilful 
 and corrupt perjury ; and any Member of the said Council, 
 excepting the Mayor, Aldermen, or Councillors ol the said 
 Council then sitting in the said Court, and any Member, 
 Officer, or Servant of the said Corporation, shall bo a com- 
 petent witness in any suit or prosecution that may be insti- 
 tuted in the. said Recorder's Court, if he have no direct 
 interest in the issue of such suit or prosecution, or be not 
 otherwise rendered incompetent ; any law, usage, or custom 
 to the contrary notwithstanding. And any toll, assessment, 
 tax, duty or impost, fine or penalty, that may be sued for in 
 the said Recorder's Court, shall be recoverable there, upon 
 the oath of one credible witness ; and any person prosecuted 
 in the said Cotirt, for any offence that may bo heard and 
 determined by the said Court, shall be liable to be convicted 
 on the oath of one credible witness. 
 
 81. And be it enacted. That the Recorder for the said 
 City of Montreal shall be a Barrister of that part of the 
 Proviiice of Canada heretofore Lower Canada, of not less 
 than five years' standing, and shall be apjM)inted by the Crown 
 during pleasure, and such Jlecorder shall bo ox-officio a Jus- 
 tice of the Peace, in and for the said City and District of 
 Montreal, and shall receive a salary of not less than Three 
 
CITY CHARTER AND OTHER ACTS. 
 
 en 
 
 Hundred Pounds per annum , payable monthly ou }; of the Funds 
 of the said city : Provided always nevertheless, that the said rroviso. 
 Recorder shall not in the first instance be appointed until 
 after the Corporation of the said city shall have communi. 
 cated to the Governor General of this Province, through the 
 Provincial Secretary thereof, their opinion that such an 
 Officer is required for the better conduct of the affairs of the 
 said city, and administration of Justice therein. 
 
 82. And be it enacted. That it shall be lawful for the Further powers 
 said Recorder's Court to be held and to sit daily, and as era court, 
 many times as may be necessary each day, without previous 
 notice or time fixed, to summarily hear and determine upon 
 the case of any person offending against the provisions of the 
 said Ordinance passed in the second year of Her Majesty's 
 Reign, and intituled, Jn Ordinance for establishing an 
 efjUeient system of Police in the Cities of Quebec and Mont- 
 real, or the provisions of any Act or Acts concerning assess- 
 ments to be raised in the said city, or concerning markets, 
 or against any By-law, Rule, Regulation or Order now in 
 force, or that may be hereafter in force in the said city ; 
 and upon the case of any vagrant, loose, idle or disorderly 
 person, and other offenders arrested by or in charge of the 
 Police of the said city, the cases of persons arrested on view, 
 (»r immediately after the commission of any offence, or by 
 warrant issued out of the said Court, or by the said Recor- 
 der, or by any Justice of the Peace for the said Dis- 
 trict of Montreal ; and it shall and may be lawful for 
 the Police or Constabulary Force of the City of Montreal, or 
 for any other Peace Officer or Constable, to bring before the 
 said Recorder's Court, or before the said Recorder, or, in 
 case of his absence as aforesaid, before the Mayor, or such 
 of the Aldermen or Councillors of the said city as may be 
 appointed to act in his stead, in the City Hall of the said 
 fity, any person offending as aforesaid against the provisions 
 of the said Ordinance, against any Act or Acts concerning 
 iissessmonts or markets, or against any By-law, Rule, Regu- 
 Ifttion or order now in force, or that may hereafter bo so, in 
 the said city, and any vagrant, loose, idle or disorderly per- 
 
66 
 
 CITY CHARTER AND OTHMR ACTS. 
 
 son, and every person arrested as such, to be then and there 
 dealt with according to law, as the said Recorder's Court, 
 the said Recorder individually, or the Mayor, Alderman or 
 Councillor aforesaid, may adjudge and determine. 
 How certain 83. And be it enacted, That all fines and penalties 
 
 tines, &c., are to . , -r»i t»i/-\i t* i- i • t 
 
 bo recovered imposcd by any By-law, Rule, Order or Regulation, which 
 may be in force at the time of the passing of this Act, whether 
 made by the Justices of the Peace for the said District, before 
 the passing of the said Ordinance to incorporate the City and 
 . Town of Montreal, or by the said Council, since the passing 
 
 of that Ordinance, or hereafter to be made by the said Council, 
 and all fines and penalties imposed by this Act or any Acts 
 concerning any market or markets in the said city, or by any 
 Act concerning any assessment, tax or duty to be raised in 
 the said city, or by the said Ordinance, intituled, An Ordi- 
 nance fir establuhing an efficient iyntem of Police in the Citieft 
 of Quebec and Montreal, which shall or may be prosecuted 
 • for, or recovered in the said Recorder's Cour-t ; and generally, 
 all fines and penalties, sued for, recovered, imposed or levied 
 in the said Court, shall be recovered in the name of " the 
 Mayor, Aldermen and Citizens of the City of Montreal," 
 and for the use of that Corporation, and shall belong to and 
 form part of the General Funds of the said city, and in no 
 other name or for no other Ubc. And it shall be lawful for 
 the said Council to remit any such fine or penalty, or to ac- 
 cept payment of any such fine or penalty from any party 
 willing to pay the same without prosecution, and all fines or 
 penalties that may be so paid without prosecution shall form 
 part of the General Funds of the said city. 
 KecordH, rogig- 84. And be it enacted, That all and every the Re- 
 Mayor's" court, cords, Registers, Documents and Proceedings of the Mayor's 
 
 Court. 
 
 Mil over to the Court of tho Said City of Montreal, shall forthwith after this 
 
 Kocordor's ^ ... 
 
 Act shall come fully into effect, bo transmitted into, and make 
 part of tiie Records, Registers, Documents and Proceedings 
 of tho said Recorder's Court hereby established, and the said 
 Mayor's Court shall, after the time aforesaid, cease to bo held 
 in the said city, and that no Judgment, Order, Rule or Act 
 of tho said Mayor's Court legally pronounced, given, hoard or 
 
CITY CUARTER AND OTHER ACTS. 
 
 «7 
 
 done, before this Act shall come fully into eifect, shall be here- 
 by avoided, but shall remain in full force and virtue, as if this 
 Act had not been passed ; nor shall any suit, cause or proceed- 
 ing commenced or depending in the said Mayor's Court, be 
 abated, discontinued or annulled by reason of the change made 
 in the constitution of the said Court by this Act, but the same 
 shall in their then present condition be respectively transfer- 
 red to, and subsist and depend in, the said Recorder's Court 
 hereby established, to all intents and purposes, as if they had 
 respectively been commenced, brought or recorded in the said 
 last mentioned Court, which shall have full power and authority 
 to proceed accordingly in and upon all such suits, causes or 
 proceedings, to judgment or execution, and to make such 
 Rules and Orders respecting the same as the said Recorder's 
 Court is hereby empowered to make in suits, causes or pro- 
 ceedings, commenced in, and depending before, the said last 
 mentioned Court. 
 
 85. And be it enacted. That it shall be lawful for the Police Force os- 
 said Council to establish and regulate a Police Force for 
 the said city, an(l for that purpose from time to time as 
 occasion may require, to appoint either fron the Police Force, 
 now under the control of the said Council, or from any other 
 persons, a sufficient number of fit men, who shall be sworn 
 before the Mayor or Recorder of the said city, or before 
 some Justice of the Peace for the District of Montreal, to act 
 as Constables for preserving the peace, by day and by night, 
 and preventing robberies and other felonies, and apprehend- 
 ing offenders against the peace ; and the men so sworn shall 
 not only within the City of Montreal, but also within the 
 whole of the District of Montreal, have all such powers and 
 privileges (and be liable to all such duties and responsibili- 
 ties) as any Constable or Peace Officer now has, or here- 
 after may have, within the place to which his appointment 
 extends, by virtue of the laws now in force, or hereafter to 
 be in force, in Lower Canada ; and it shall also bo lawful for 
 the said Council to appoint such Officers to superintend and 
 assist in the management of the said Constabulary Force as 
 to the said Council may seem needful, and to give to such 
 
68 
 
 OITT CHARTER AND OTHER ACTS. 
 
 Officers, so appointed, such names, and to assign to them 
 such duties as to the said Council may seem proper ; and 
 the said Officers and Men so to be appointed, shall obey all 
 such lawful commands as they may receive from the said 
 Council; and any Officer or Officers, so to be appointed, 
 shall, during his appointment, have not only all the powers 
 and privileges of a Constable appointed under this Act, but 
 also all such powers as may be necessary for the legal fulfil- 
 ment of any duty or duties lawfully assigned to him by the 
 said Council ; and the said Council, or any Member or Mem- 
 bers of the said Council, authorized to that effect by the said 
 Council, may, at any time, suspend or dismiss any Officer or 
 Constable appointed under this Act, whom they shall think 
 negligent in the discharge of his duty, or otherwise unfit for 
 the same, and appoint others in their place ; and the Officers 
 of the said Constabulary Force shall have such power in 
 relation to the government, control, dismissing or suspending 
 of the Constables, so to be appointed, as the said Council 
 may think proper, by a By-law in that behalf, to give to the 
 said Officers respectively. 
 
 86. And be it enacted. That it shall be lawful for any 
 Constable, during the time of his being on duty, to ap- 
 prehend all idle and disorderly persons whom he shall find 
 disturbing the public peace, or whom he shall have just cause 
 to suspect of any evil designs, and all persons whom he shall 
 find lying in any field, and highway, yard or other place, or 
 loitering therein and not giving a satisfactory account of 
 themselves, and to deliver any person so apprehended, into 
 the custody of the Officer or Constable appointed under this 
 Act, who shall be in attendance at the nearest Police Station 
 or Watch-house, in order that such person may be secured 
 until he can be brought before the Recorder's Court of the 
 said city, the Recorder of the said city, or in his absence 
 before the Mayor of the said city, or such Alderman or 
 Councillor as may be appointed to act in his place, to be 
 dealt with according to law, or luSLy give Bail to such Con- 
 stable or Officer for his appearance before the said Recorder's 
 Court, the said Recorder, or the said Mayor, Alderman or 
 
 Authority to 
 iipprehoiid Idle 
 iitui disorderly 
 porKoiifi. 
 
CITY CHARTER AND OTHER ACTS. 
 
 69 
 
 Councillor, if such Officer or Constable shall think fit to take 
 Bail in the manner hereinafter mentioned. 
 
 87. And be it enacted, That in addition to the powers Furtiior pi 
 and authority conferred by the preceding section of this fice Force. 
 Act, on the said Constabulary Force, it shall and may be 
 lawful for any Officer or Constable of the said Force, by day 
 as well as by night, to arrest on view any person offending 
 against any of the By-laws, Rules and Regulations of the said 
 City of Montreal, or of the Council thereof, the violation of 
 which is punishable with imprisonment ; and it may and shall 
 be lawful also for any such Officer or Constable to arrest any 
 such offiinder against any such By-law, Rule or Regulation, 
 immediately or very soon after the commission of the offence, 
 upon good and satisfactory information given as to the nature 
 of the offence, and the parties by whom committed ; and all 
 persons so summarily arrested shall be forthwith conveyed to 
 the City Hall for trial, before the said Recorder's Court, if 
 then sitting, or if the said Recorder's Court can be soon 
 thereafter assembled, or if not, that Bail or Recognizance 
 may be taken by the said Recorder, by the said Mayor, or 
 any Alderman or Councillor of the said city appointed to 
 act in his stead, that the said parties shall appear at the next 
 sitting of the said Recorder's Court, to answer the charge or 
 plaint preferred against them, and for which they may have 
 been so ari'ested as aforesaid ; and every Recognizance so 
 taken shall be of equal obligation on the parties entering into 
 the same, and liable to the same proceedings for the estreat- 
 ing thereof before the said Recorder's Court as Recognizances 
 taken before a Justice of the Peace, and estreated before 
 the General or Quarter Sessions of the Peace for the said 
 District of Montreal : Provided that nothing herein contained 
 shall prevent the persons so summarily arrested as aforesaid, 
 from being at once examined and tried, when taken to the 
 City Hall as aforesaid before the said Recorder, or in his 
 absence before the said Mayor, or any Alderman or Coun- 
 cillor appointed to act in his stoad, if the offence for which 
 the said parties have been so arrested as aforesaid may legally 
 be tried by the said Recorder, or in his absence before the 
 
 owpro 
 lie I'o- 
 
70 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Itail to be taken 
 in certain cases. 
 
 said Mayor, Alderman or (Jouncillor as aforesaid, being 
 a Justice of the Peace in the said City of Montreal, under 
 the provisions of the said last mentioned Ordinance or any 
 othjr Ordinance or Act now in force in the said Province. 
 
 88. And be it enacted. That when any person charged 
 with any petty misdemeanor, shall be brought, without 
 the Warrant of a Justice of the Peace, into the custody 
 of any Officer or Constable appointed under this Act, dur- 
 ing his attendance in the night time at any Watch-house, 
 within the said city as aforesaid, it shall be lawful for such 
 Officer or Constable, if he shall think fit, to take Bail by 
 Recognizance, without any fee or reward from such person, 
 conditioned that such person shall appear for examination 
 within two days before the said Recorder's Court, the 
 said Recorder, or the said Mayor, Alderman or Coun- 
 cillor, within the said City of Montreal, at some time and 
 place to be specified in the Recognizance, and every 
 Recognizance so taken shall be of equal obligation on 
 the parties entering into the same, and liable to the same 
 proceedings for the estreating thereof before the said 
 Recorder's Court, as Recognizances taken before a Justice 
 of the Peace, and estreated before the General or Quarter 
 Sessions of the Peace for the said District of Montreal ; and 
 if the party not appearing shall apply by any person on his 
 behalf, to postpone the hearing of the charge against him, 
 and the said Recorder's Court, the said Recorder, or the 
 said Mayor, Alderman or Councillor shall think fit to consent 
 thereto, the said Recorder's Court, the said Recorder, or the 
 , said Mayor, Alderman or Councillor shall be at liberty to 
 
 enlarge the Recognizance to such further time as he shall 
 appoint ; and when the matter shall be heard and determined, 
 ^ either by the dismissal of the complaint, or by binding the 
 
 party over to answer the matter thereof at the Session, or 
 otherwise, the Recognizance for the appearance of the party 
 before the said Recorder's Court, the said Recorder, or the 
 said Mayor, Alderman or Councillor, shall be discharged 
 without fe«i or reward, 
 oiticer or ton- 89. And be it enacted, That if any Officer or Con- 
 
OITY CHARTER AND OTHER ACTS. 
 
 71 
 
 stable, to be appointed as aforesaid, shall be guilty of any 
 neglect of duty, or of any disobedience of any lawful Order, 
 every such offender, being convicted thereof, before the 
 Recorder's Court to be established under this Act, shall, 
 for every such offence, be liable to be imprisoned for any 
 time not exceeding thiity days, and to be fined in any sum 
 not exceeding Fifty Shillings, or to be dismissed from his 
 office, or to any two, or to all of the said punishments, as the 
 said Recorder's Court shall in their discretion think meet. 
 
 90. And be it enacted. That if any person shall assault 
 or resist any Officer or Constable appointed under this Act, 
 in the execution of his duty, or shall aid or incite any person 
 so to assault or resist, every such offender, being convicted 
 thereof before the Recorder of the said City of Montreal, or 
 iu his absence before the Mayor of the said city, or any 
 Alderman or Councillor thereof appointed to act in his place, 
 shall for every such offence forfeit and pay such sum, not 
 exceeding Five Pounds, and be liable to such imprisonment, 
 not exceeding thirty days, as the said Recorder, or in his 
 absence, the said Mayor, Alderman or Councillor may 
 adjudge : Provided always, that nothing herein contained 
 shall prevent any prosecution by way of indictment against 
 any person so offending, but so as that such person shall not 
 be prosecuted by indictment, and also proceeded against 
 under this, Act for the same offence. 
 
 91. And be it enacted. That every law, and every part 
 of any law, repealed by the said Ordinance, to incorporate 
 the City and Town of Montreal, or by the said Ordinance to 
 amend the last mentioned Ordinance, shall continue and 
 remain repealed ; and all the provisions of any law inconsis- 
 tent with the provisions of this Act, are hereby repealed. 
 
 92. Provided always, and be it enacted. That nothing 
 in this Act shall extend or be construed to extend to revoke, 
 alter, or abridge or in any manner affect the powers and 
 authority now by law vested, or which may hereafter be vested 
 in the Master, Deputy-Master, and Wardens of the Trinity 
 House of Montreal, or in the Commissioners appointed or to 
 be appointed for the execution of any Act now in force or 
 
 stable punisli- 
 ablo for nogloct 
 of duty. 
 
 Fcrson assault- 
 ing nn Officer oi- 
 Constablc, liow 
 puiiishod. 
 
 Certain laws to 
 continue repeal- 
 ed, anil certain 
 laws repealed. 
 
 rowers of the 
 Trinity House, 
 of the Harbour 
 CominisHiouers, 
 or the Lachinc 
 Canal Conimis- 
 Hioners, not to 
 bo atrcctc<l by 
 this Act. 
 
72 
 
 CITY CHARTER AND OTHER ACTS. 
 
 hereafter to be in force, relating to the improvement and 
 enlargement of the Harbour of Montreal, or any of them, or 
 in the Commissioners appointed or to be appointed for making, 
 superintending, repairing and improving the Lachine Canal, 
 nor to the wharves and slips erected or to be erected by the 
 said first mentioned Commissioners, nor to the Avharves and 
 grounds under the direction of the said last mentioned Com- 
 missioners : Provided always, that the said Corporation of 
 the City of Montreal shall have power, so often as the same 
 be requisite, to open any drain leading from the said city to 
 the River St. Lawrence ; to employ the Constabulary Force 
 of the said city in the maintenance of peace and good order 
 on the said Wharves, and to appoint and designate stands or 
 places of rendezvous for Carts and Carriages thereon. 
 93. Provided always, and be it enacted. That nothing 
 
 How this Act is 
 to be under- 
 stood with re- 
 gard to powers 
 . conl'errod on 
 ' Police Inspec- 
 tor, Ac, by pre- 
 vious enact- 
 ments. 
 
 Reservation of 
 Her Majesty's 
 riglits. 
 
 Certain words 
 interpreted. 
 
 in this Act contained, shall be construed to abridge or inter- 
 fere with the duties, powers, authorities or jurisdiction of any 
 Inspector or Superintendent of the Police, or of any Member 
 or Members of the Police Force of the said City, appointed 
 or to be appointed by the Governor of this Province, under 
 and in virtue of the provisions of the said Ordinance of the 
 Legislature of Lower Canada, passed in the second year of 
 Her Majesty's Reign, and intituled, An Ordinance for 
 establishing an efficient system of Police in the Cities of 
 Quebec and Montreal, but the same shall continue to be 
 executed and exercised as if this Act had not been passed. 
 
 94. And be it enacted. That nothing in this Act con- 
 tained, shall in any manner derogate from or affect, or be 
 construed to derogate from or affect the rights of Her Majesty, 
 Her Heirs and Successors, except in so far only as the same 
 may be expressly derogated from or affected by the provisions 
 of this Act. 
 
 95. And be it enacted. That the words " Governor of 
 this Province," wherever they occur in this Act, shall be 
 understood as meaning the Governor, or any person authorized 
 to execute the commission of Governor within this Province 
 for the time being ; and the word " Councillor" and the word 
 Councillors," wherever they occur in this Act, shall be 
 
CITY CHARTER AND OTHER ACTS. 
 
 73 
 
 understood as meaning any Member or Members of the said 
 Council of the City of Montreal, unless by the context it shall 
 appear clearly that the words " Councillor" or " Councillors" 
 respectively, are intended to apply exclusively to a Member 
 or Members of the said Council, who is not or are not the 
 Mayor or Alderman or Aldermen of the said city ; and 
 the words, " the said Corporation," or " the said Corpo- 
 ration of the City of Montreal ," wherever they occur in 
 this Act, shall be understood as meaning the said Corporation 
 of " the Mayor, Aldermen and Citizens of the City of Mon- 
 treal," unless the context necessarily requires a diflFerent 
 meaning to be given to those words ; and that the words 
 " Lower Canada," wherever they occur in this Act, are to be 
 understood as meaning and comprehending that part of the 
 Province of Canada which formerly constituted the Province 
 of Lower Canada ; and any word or words implying the sin- 
 gular number, or the masculine gender only, shall be under- 
 stood to include several matters of the same kind, as well as 
 one matter, and several persons as well as one person, and 
 bodies corporate as well as individuals, unless it be otherwise 
 specially provided, or there be something in the subject or 
 context repugnant to such construction. 
 
 96. And be it enacted. That this Act shall be held and pubiioAot. 
 taken to be a Public Act, and as such shall be judicially taken 
 notice of by all Judges, Justices, and other persons whom- 
 soever, without being specially pieaded. 
 
 K 
 
74 
 
 CITY CHARTER AND OTHER ACTS. 
 
 (16 Victoria, Cap. 26.) 
 
 An Act to authorize the City of Montreal to 
 raise a Loan to consolidate their debt. 
 
 (^Sanctioned 10th November, 1852.) 
 
 rroamwe. X¥ /"HEREAS by the Act passed in the Session held in the ' 
 ▼ ▼ fourteenth and fifteenth years of Her Majesty's 
 
 14 and 15 V., o. Reign, and intituled. An Act to amend and eon»oUdate the 
 provisions of the Ordinance to incorporate the City and 
 Town of Montreal, and of a certain Ordinance and certain 
 Acts amending the same, and to vest certain other potvers 
 in the Corporation of the said City of Montreal, it is among 
 other things in eflTect enacted, That it shall be lawful for the 
 Council of the said City of Montreal to borrow, on the credit of 
 the said city, such sum or sums of money as the said Council 
 may think proper so to borrow, provided the total amount 
 borrowed and remaining unpaid, exclusive and independent 
 of the amounts due or to become due on account of the pur- 
 chase or improvement of the Montreal Water Works, shall 
 not exceed at any one time the sum of one hundred and fifty 
 thousand pounds currency, which debt so authorized to be 
 contracted for general purposes, is hereinafter called the 
 Q-eneral Debt of the said city ; and whereas by the said Act 
 it is also in effect enacted. That, for the purpose of extending 
 ' and improving the said Water Works, it shall be lawful for 
 the Council of the said city to borrow a sum not exceeding 
 fifty thousand pounds, currency, exclusive of the said sum of 
 one hundred and fifty thousand pounds, and in addition to 
 the debt contracted for the purchase of the said Water 
 Works, under the authority of the Act passed in the seventh 
 
 7V.,o.4t year of Her Majesty's Reign, and intituled, An Act to 
 authorize the Mayor, Aldermen and Citizens of Montreal, to 
 purchase, acquire and hold the property now known as the 
 Montreal Water Works, which said debts so authorized to be 
 
CITY CHARTER AND OTHER ACTS. 
 
 76 
 
 contracted for the purpose of purchasing or improving the 
 said Water Works, are hereinafter called " The Water 
 Works Debt " of the said city ; and whereas the said 
 "General Debt" and the said " Water Works Debt " are 
 both secured upon the general funds of the said Corporation, 
 and the said "Water Works Debt" is also secured by 
 special privilege on the said Water Works ; And whereas it 
 is expedient to make provision for consolidating the said 
 debts, and placing the financial affairs of the said city on a 
 better footing, by providing means for paying off the said 
 debts either by means of terminable annuities or of a Sinking 
 Fund ; and with this view to enable the said Corporation to 
 borrow money for the purpose of paying off such portions of 
 the existing debts as it may be found conducive to the attain- 
 ment of the object aforesaid, to pay off: Be it thercfovo 
 enacted by the Queen's Most Excellent Majesty, by and with 
 the advice and consent of the Legislative Council and of the 
 Legislative Assembly of the Province of Canada, constituted 
 and assembled by virtue of and under the authority of an Act 
 passed in the Parliament of the United Kingdom of Great 
 Britain and Ireland, and intituled. An Act to re-unite the 
 Provinces of Upper and Lower Canada^ and for the Govern- 
 ment of Canada^ and it is hereby enacted by the authority 
 of the same. That in addition to any portion of the sums corporation 
 which the said Corporation is now authorized to borrow, and bonow^money 
 which may remain unborrowed at the time of the passing of pn'seutrtebtl" 
 this Act, it shall also be lawful for the said Corporation to 
 borrow from time to time under the provisions of this Act, 
 such further sums as may be necessary to pay off any part of 
 their debt, (whether forming part of the said General Debt 
 or of the said Water Works Debt, or of the debt to be con- 
 tracted under this Act, hereinafter called the Consolidated 
 Bebf), which shall be overdue or which they shall deem it 
 advantageous to the city to pay off; Provided, that the total proviso: Total 
 amount of the debt or debts of the said city shall never um?tod. " 
 exceed the total amount of the General Debt and the Water 
 Works Debt now authorized, except for such short intervals 
 of time aa must necessarily occur between the borrowing of 
 
76 
 
 CITY CHARTER AND OTHER ACTS. 
 
 any sum for the purpose of paying oflF any sum due by the 
 Corporation, and the actual paying off the same, and then 
 only by such sum as shall be actually in the hands of the 
 Treasurer, or at the call and disposal of the Corporation, with 
 the intent and for the sole purpose of its being used for pay- 
 ing off any such sum as aforesaid owing by the Corporation. 
 How and where 2. And bo it enacted. That any sum which the said Cor- 
 may be'bo^ poratiou is empowered to borrow under this Act, may be bor- 
 rowe I either in this Province or elsewhere, and the principal 
 and interest thereof may be made payable, either in this 
 Province or elsewhere, and either in the currency of Caimua 
 or in that of the place where the same shall be payable, and 
 generally all the provisions of the Acts now in force as to 
 Debentures issued by the said Corporation, shall apply to 
 those to be issued under this Act, except only in so far as 
 they may be inconsistent with this Act. 
 Terminable an- 3. And be it cnactcd. That it shall also be lawful for the 
 uranted for said Corporation to grant Bonds for Terminable Annuities to 
 parties from whom they shall borrow any sum of money 
 under the authority of this Act, instead of issuing to such 
 parties Debentures of the nature mentioned in any preceding 
 Act or Acts ; and any such Annuity may be made payable 
 ; * either in this Province or in any other Country, and cither 
 
 in the Currency of this Province, or in that of the Country 
 in which the same shall be payable, and the amount of any 
 such Annuity, and the term during which it shall bo payable 
 may l)o such as shall be agreed upon by the Corporation of 
 the said city, and the other party interested, any law to the 
 Form of bonds, Contrary notwithstanding ; and any such Annuity may be 
 made payable to the Bearer of the Bond or of the jn-opcr 
 Coupons, and either by yearly or half yearly payments, and 
 generally the provisions of former Acts as to such Deben- 
 tures as aforesaid shall bo applicable, so far as the case will 
 admit, to Bonds for Temiinuble Annuities to bo issued under 
 this Aoi ; Provided always, that in calculating the amount 
 of tl< •)oht of the said City, for the purpose of ascertaining 
 whether the amount limited by this Act, has or has not been 
 exceeded, each such Bond shall be reckoned as rcpreaenting 
 
 &0 
 
 rrovldo. 
 
CITY CHARTER AND OTHER ACTS. 
 
 77- 
 
 Money »o bor- 
 rowed to form 
 Consolidated 
 Debt. 
 
 OutxtandiiiK <!<'• 
 bcnturcN over 
 duo may bo 
 called ill. 
 
 an amount of Debt equal to the sum which the Corporation 
 obtained for it ; And provided also, that the term for which Proviso, 
 any such Annuity shall be granted shall not exceed twenty 
 years. 
 
 4. And be it enacted, That any Debenture or Bond issued 
 by the said Corporation after the passing of this Act, sliall 
 be held to form part of the Consolidated Debt of the said 
 city, whether it be issued to any party actually making a 
 new Loan to the Corporation or to a party taking such 
 Debenture or Bond in exchange for another or others issued 
 before the passing of this Act, and forming part of the said 
 General Debt or of the said Water Works Debt. 
 
 5. And be it enacted. That it shall be lawful for the said 
 Corporation to call in all Debentures or Bonds issued before 
 the passing of this Act, the jirincipal sum secured by which 
 may be over due ; and such calling in shall bo by advertise- 
 ment inserted three times at intervals of two Aveeks in the 
 Canada Gazette in both languages ; and three times at inter- 
 vals of two weeks in some Newspaper published in the said 
 city in the English language, and in some Newspaper there 
 published in the French language, and after the day named 
 in such advertisement, (which sliall not be before the time at 
 which the laat insertion thereof may be made as aforesaid,) 
 no interest shall be payable by the said Corporation on any 
 Debenture or Bond so lawfully called in and not presented 
 for i)ayuient on or before the day named as aforesaid. 
 
 6. And be it enacted. That it shall be the duty <>f the 
 Trcadurer of the City of Montreal, before the (^laiterly 
 Meeting of the Council of the said city, in the mouth of Sep- 
 tember, in the year o e thousand eight hundred and fifty- 
 three, and in each year thereafter, to take from and out of 
 the anniuil revenues and funds of the Corporation of the said 
 City of Montreal, (from whatsoever source 'rising), and before 
 the payment of any ap[)r(>printion whatsoever of the said 
 revenues or funds, a sum of money ecjual to two jier cent, on 
 the then outstanding Consolidated Debt of the city secured 
 otherwise than by Bonds for Terminable Aimuities, which said 
 sum of money the said City Treasurer shall keep apart from 
 
 Duly of 'rrcu- 
 Hiitcr to providi' 
 a Hiiil(iiif( fund 
 for debt not 
 t'ccincd l)y 
 
 Ullllllitl('l<. 
 
78 
 
 CITY CHARTER AND OTHER ACTS. 
 
 I 
 
 all other moneys, to bo invested and applied under the orders 
 of the City Council, solely and exclusively as a Sinking Fund, 
 towards the extinction of that portion of the said Consolidated 
 Debt secured otherwise than by Bonds for Terminable Annu- 
 AiMi to provide itios : it shall also be the duty of the said Treasurer at the 
 
 lor payment of . in ^ r> \ 
 
 aunuitios. same time to take from and out of the annual revenues and 
 funds of the said city, from whatever source, arising, and 
 before the payment of any appropriation whatsoever of the 
 said revenues or funds, such sum of money as will be sufficient 
 to pay all the sums then duo or to become due during the 
 then next six months for Terminable Annuities granted under 
 this Act ; and it shall be the duty of the Mayor, or person 
 acting as such for the time being, and of the Aldermen and 
 Councillors of the said city, to see that the provisions of this 
 section bo strictly carried out in each year, by the person 
 whoso duty it is to carry out the same, and withhi the time 
 prescribed therein, and that the sum set apart as a Sinking 
 Fund be invested without delay in the Public Provincial Se- 
 curities, or in the Stock of such of the Chartered Banks of 
 this Province as shall aflFord the most ample security and bo 
 the most advantageous to all the parties concerned, and that 
 any sum so set apart for the payment of Terminable Annui- 
 ties be invested in the most advantageous manner consistent 
 with its being at the command of the Treasurer wjien rc(iuired 
 TroB!.iirei- to lav to pay such Annuities : And it shall bo the duty of the City 
 iiiiviiift i*<>m- Treasurer to place before the Council, at its First Meeting 
 
 plied with thin . i « oi , i • i l'i* l • i 
 
 Hoctii.n btforo m tho uiouth of September ni each year, a certificate signed 
 by himself and countersigned by the Mayor of the said city, 
 to the effect that he has faithfully fulfilled the obligations 
 imposed upon him by the jiresent section of this Act, and 'm 
 default of his so doing tho said City Treasurer slinll, ipso 
 facto, become and be liable to i)ay to the said Corporation a 
 fine of Five Hundred Pounds currency, Avhich said fine the 
 said Council sha'l exact from the said Treasurer within the 
 shortest pos.sibie delay, and the same shall fortn part of the 
 Sinking Fund aforesaid, or shall be ajiplied to p»iy off the said 
 Annuities, if not re(|uircd tor the said Sinking Fund ; aikd 
 for the purpoye of furnishing additional and more ample secu- 
 
CITY CHARTER AND OTHER ACTS. 
 
 70 
 
 rity to the lenders of the said money, it shall be the duty of 
 the Auditors of the said city annually to lay before the said 
 Council a statement under oath showing whether the said 
 Treasurer has or has not fulfilled all the obligations imposed 
 upon him in and by the said section. 
 
 7. And be it enacted, That all the Revenues arising from sinkinfr ruiui 
 or out oi the supplying of water to the said city, or from the works ucbt. 
 property movable or immovable connected with or belonging 
 
 to the Water Works for supplying the same, shall, after pro- 
 viding for the payment of the current expenses of the Water 
 Works Department, and the interest accruing on the Deben- 
 tures or Bonds issued by the said Corporation before the pas- 
 sing of this Act, for moneys borrowed under the authority of 
 the Act hereby amended or of any i)rcce(ling Act, for the 
 l»\ircha80 or improvement of the said Water Works (and so 
 forming part of the \\rator Works Debt of the said city), bo 
 formed into a fund separate and apart from all other funds of 
 the said Cori)oration, and shall be applied by the said Corpo- 
 ration towards the extinction of the said Water Works Debt, • 
 and after the extinction of the said Debt the said Revenues 
 sliiill make part of tlie (Icneral Funds of the Corporation, and 
 may be applied accordingly. 
 
 8. And be it enacted, That if hereafter at any time it shall Dm/ or xicn- 
 happen that the moneys in the hands of the Treasurer of the umJu' hImiii""^ 
 said city, and applicable to *' o payment of the interest or of il'i' iii'"ViiiidH"ti» 
 the principal of the said ( -onsolidated Debt of the said city, uiiDuifUHiiuc 
 or any Terminable Annuity forming jiart of the said Consoli- 
 dated Debt, shall be insufficient to pay any such interest or 
 
 principal or Annuity then due, it shall be the duty of the said 
 Treasurer to calculate what Rate in the pound upoi. the 
 assessed atnuuil value of the property liable to assessment in 
 the said city, will, in his opinioa, (after making fair allow- 
 ances for expenses, losses and deficiencies in the col'ection of 
 such Rate) bo retjuired to j)roduce a sum sufficient, with the * 
 moneys in his hands applicable to the purjwse, to pay the siun 
 due for such principal, interest and Annuity, and to ecrtify 
 such Rate under his hand to the Clerk of the said eity, for 
 the information of the Council, in the following form, or to the 
 like oflfuct : 
 
80 
 
 CITY CHARTER AND OTHEE ACTS. 
 
 " SiR,^I hereby certify, for the information of the Council 
 of the City of Montreal, that a Rate of in the 
 
 pound, on the assessed yearly value of the property liable to 
 assessment in the said city is in my opinion (after making a 
 fair allowance for losses and deficiencies in the collection of 
 such Rate required to produce a net amount equal to that 
 now due for interest, (principal, if any he dm) and Annuities 
 forming part of the Consolidated Debt of this city." 
 
 And such certificate shall have the like eflfect as a By-law 
 of the Council of the said city lawfully imposing the Rate 
 therein mentioned, and shall be obeyed and acted upon by all 
 Officers of the Corporation and by all others, and the Rate 
 therein mentioned shall be forthwith levied and paid accord- 
 ingly, and in addition to any other Rates lawfully imposed by 
 any By-law of the City Council, notwithstanding any provi- 
 sion in the Act hereby amended or in any other Act, limiting 
 the amount of Rates to be imposed in any one year, or as to 
 the time of the year at which Rates may be imposed, levied 
 or collected ; a. id the proceeds of such Rate shall be applied 
 first to the payment of the principal, interest and Annuities, 
 as the case may be, for the payment whereof the Rate was 
 imposed, and if there be any surplus of the said proceeds, 
 such surplus shall make part of the Sinking Fund for the 
 extinction of the said Consolidated Debt, ov if there be no 
 part of the said Debt for which a Sinking Fund is re(i[uired 
 under this Act, then such surplus shall be applied to the 
 general purposes of the Corporation. 
 
 0. And be it enacted. That if hereafter at any time, any 
 Sheriff shall receive a Writ of Execution, commanding him to 
 levy any sum of money due by the said Corporatio!! for the 
 principal or interest of any Debenture or Corporation Bond 
 forming part of the said Consolidated Debt of the said city or 
 for arrears of any Annuity forming part of the said ^Consoli- 
 dated Debt, the Plaintiff may require, and the Court may 
 order that such execution be levied by Rate ; and if such 
 order be made, the Sheriff" shall cause a c()))y of such Writ to 
 be served up(m the Treasurer of the said city : and if the 
 money thcrciu mentioned, with all the lawful interest and 
 
CITY CHARTER AND OTHER ACTS. 
 
 81 
 
 costs which the Sheriff is commanded to levy, be not paid 
 within one month from the time of such service, the Sheriff 
 shall himself calculate, as nearly as may be, what Bate in the 
 pound upon the assessed annual value of the property liable 
 to assessment in the said city, will, in his opinion, after 
 making fair allowances for expenses, losses and deficiencies 
 in the collection of such Rate, be required to produce a net 
 amount equal to the sum, interest and costs he is commanded 
 to levy, and ten per centum thereon in addition, and shall 
 certify such Rate under his hand to the Clerk of the said city 
 for the information of the Council thereof, hi the manner and 
 form mutatis mutandis, prescribed for the certificate of the 
 Treasurer in the eighth section of this Act, and shall attach 
 tbftreto his precept commanding the said Corporation and all 
 officers whom it may concern, forthwith to cause the said 
 Rate to be levied, and the proceeds thereof paid over to him; 
 and such certificate shall have the like effect as the certificate 
 of the Treasurer, in the eighth section mentioned, and such 
 precept shall be deemed an order of the Court out of which 
 the Writ issued, and shall be obeyed by the said Corporation, 
 and by all Officers thereof, and others whom it may concern, 
 on pain of their personal responsibility to the said Court ; and 
 the Rate mentioned in the said certificate shall be forthwith 
 levied and paid accordingly, and in addition to any Rates 
 lawfully imposed by any By-laws of the City Council, or by 
 any certificate of the City Treasurer, notwithstanding any 
 provision in the Act hereby amended or in any other Act, 
 limiting the amount of Rates to be imposed in any one year, 
 or the time of the year at which Rates are to bo levied and 
 collected ; and it shall hr, the duty of the Treasurer and 
 Clerk, and of all Assessors, Collectors and other Officers of 
 the said Corporation, to produce to the Sheriff, on his 
 demand, all assessment books, papers and documents requi- 
 site for enabling him to fix the Rate mentioned in this section, 
 and to give him any information or assistance which ho may 
 recjuire for the purposes thereof ; ftn<\ all auch Officers of the 
 Corporation shall, for all the purpt •tos of this section, bo 
 doomed Officers of the Court out of which the Writ issued, 
 
 L 
 
82 
 
 CITY CHAttTEU AND OTHER ACTS. 
 
 l'rovl»o. 
 
 Sccuritios for 
 prcvunting debt 
 
 and amenable to and punishable by such Court accordingly, 
 in case of any failure to perform any of the duties hereby 
 assigned to them respectively ; and the proceeds of the said 
 Rate shall, by the Treasurer, be paid over to the said Sheriff, 
 and by him applied to the satisfaction of the debt, interest 
 and costs he was commanded to levy, and if there be any 
 surplus after satisfying the same, the said surplus shall be 
 paid back to the Treasurer and form part of the Sinking 
 Fund for the extinction of the said Consolidated Debt, or if 
 there be no part of the said Debt for which a Sinking Fund 
 is required under this Act, then such surplus shall bo applied 
 to the general purposes of the said Corporation. 
 
 10. Provided always, and be it declared and enacted. That 
 nothing herein contained shall be construed to impair or aifect 
 iiot to iioTin- any special privilege or hypotheque, granted by the Act 
 hereby amended or by any other Acts, to the holder of any 
 Debenture or Corporation Bond issued before the passing of 
 this Act, forming part either of the said ♦' General Debt," or 
 of the said " Water Works Debt" of the said Corporation, or 
 any remedy which, without this Act, any such holder would 
 have to recover the principal or interest of such Debenture 
 or Corporation Bond, or in any way to relieve the said Cor- 
 poration from the obligation to make provision by all lawful 
 means for the payment of the same ; and that no further 
 provision which the Legislature of this Province may deem it 
 expedient to make for enforcing the provisions of this Act, or 
 the due payment of the principal and interest of any Deben- 
 ture or Corporation Bond, whether issued before or after the 
 passing of this Act, or of any annuity secured by any Cr> "no- 
 * ration Bond, shall be deemed an infringement of the privi- 
 
 leges of the said Corporation, or of any citizen or member 
 thereof. 
 
CITY CHARTER AND OTHER ACTS. 
 
 88 
 
 (16 Victoria, Cap. 27.) 
 
 An Act to amend the Law relating to the 
 Recorder's Court of the City of Montreal. 
 
 (Sanctioned lOth November, 1852.) 
 
 WHEREAS it is desirable to amend the Act of the Par- I'lcnmbio. 
 liament of this Province hereinafter mentioned in so 
 far as relates to the Recorder's Court of the City of Mon- 
 treal : Be it therefore enacted by the Queen's Most Excel- 
 lent Majesty, by and with the advif" and consent of the 
 Legislative Council and of the Legislative Assembly of the 
 Province of Canada, constituted and assembled by virtue of 
 and under the authority of .an Act passed in the Parliament 
 nf the United Kingdom of Great Britain and Ireland, and 
 intituled, >»-4/? Act to re-unite the Provinces of Upper and . 
 
 Lower Canada, and for the Government of Canada, and it 
 is hereby enacted by the authority of the same. That so much incoiiHiHtonfcn- 
 of the Act of the Parliament of this Province, passed in the niuiif.v.c. J2s, 
 Session thereof held in the fourteenth and fifteenth years of 
 Her Majesty's Reign, intituled, An Act to amend and coriHO- 
 Vidate the provisions of the Ordinance to incorporate the City 
 (Old Town of Montreal, and of a crrtain Ordinance and 
 rcrtain Acts amendintj the same, and to vest certain other 
 /lowers in the Corporation of the saiil Cifi/ of Montreal, as is 
 inconsistent with the provisions of this Act, be and the same 
 is hereby repealed. 
 
 2. And bo it enacted, That it shall be competent for the conH moy be 
 Recorder for the said City of Montreal to hold tlic Recorder's wi'ihmH m'"^ 
 Court of the City of Montreal with or without the assistance ^''''■""'"'• 
 or in the presence or absence of any one or more of the 
 Aldermen or Coiiiicillors of the said city. 
 
 y. And be it enacted, That it shall not be necessary that procc-w ncod i»c 
 any Precept, Writ or Process to be issued out of tlu^ said naJutyTu'rw*'' 
 U'jcorder's Court be signed by the Recorder of the said City 
 
84 
 
 CITY CHARTER AND OTHER ACTS. 
 
 of Montreal, or in the event of his absence or non-appoint- 
 ment, by the Mayor, Alderman or Councillor of the said city 
 presiding in the said Court, and countersigned by the City 
 Clerk of the said city, but it shall be sufficient that any such 
 Precept, Writ or Process be signed by the City Clerk of the 
 said city or his Deputy, as hereinafter mentioned, 
 city Clerk may 4. And be it enacted, That it shall be lawful for the City 
 tv as Clerk of Clerk of the said City of Montreal, from time to time, by an 
 
 Kooordor'8 '' ' ' * 
 
 (!ourt. instrument under his hand and seal to be acknowledged by 
 
 him before and duly deposited and filed in the office of the 
 1 said Recorder's Court, and entered and recorded in the 
 Register thereof, to appoint one fit and proper person to be 
 and act as his Deputy in the discharge of all and every his 
 duties as Clerk of the said Recorder's Court, and to remove 
 any person so appointed and appoint another in his stead; 
 and each and every person so appointed shall at all times, 
 ♦ while his said appointment shall remain in force and unre- 
 
 voked, be to all intents and purposes a Clerk of the said 
 Recorder's Court. 
 Uocorder's ^> ^^^ ^^ i^ enacted, That it shall be lawful for the said 
 
 cnsorofiwsaufi^ Recorder's Court to hear, try and determine any case of 
 w?thin°ihe*city. common assault or assault and battery arising within the said 
 city upon complaint of the party aggrieved praying the said 
 Court to proceed therein under this Act, in the same manner 
 and to the same effect, and subject to the same provisions as 
 any Justice of the Peace may by law now summarily hear, 
 • try and determine any complaint of any such offence, and 
 also to hear, try and determine any complaint under the 
 above cited Act against any pei'son for assaulting or resisting 
 any officer or constable appointed under the said Act in the 
 execution of his duty, or for aiding or inciting any person so 
 , to assault or resist. 
 
CITY CHARTER AND OTHER ACTS. 
 
 85 
 
 (16 Victoria, Cap. 128.) 
 
 An Act to amend the provisions of the several 
 Acts for the Incorporation of the City of 
 Montreal. 
 
 (Sanctioned 23rd Mai/, 1853.) 
 
 WHEREAS the Corporation of the City of Montreal 
 have by their petition prayed that divers alterations 
 should be made in the provisions of the Act incorporating 
 the said city, and it is expedient to grant the prayer of the 
 said petition : Be it therefore enacted by the Queen's Most 
 Excellent Majesty, by and with the advice and consent of the 
 Legislative Council and of the Legislative Assembly of the 
 Province of Canada, constituted and assembled by virtue of 
 and under the authority of an Act passed in the Parliament 
 of the United Kingdom of Great Britain and Ireland, and 
 intituled, An Act to re-unite the Provinces of Upper and 
 Loiver Canada, and for the Government of Canada, and it 
 is hereby enacted by the authority of the same. That from 
 and after the passing of this Act, the delay for the pro- 
 duction and deposit by persons qualified to vote for the 
 election of Mayor and Councillors for the said city, of thei^ 
 certificates of qualification to vote, shall be between the 
 hours of Ten in the forenoon and Four in the afternoon of 
 the last six judicial days in the month of February of each 
 year. 
 
 2. And be it enacted, That it shall be the duty of the 
 Council of the said city, and they are hereby empowered, 
 at each and every Quarterly Meeting of the said City Council, 
 to elect from among themselves a Member to act as Mayor, 
 in the event of the absence or sickness of the Mayor of the 
 said city, or of any vacancy in the office of Mayor of the 
 said city; and such Member so elected shall, during such 
 
86 
 
 CITY OIIARTBH AND OTHER ACTS. 
 
 absonco or sickness, or vacancy, have and exorcise, until tlie 
 ensuing Quarterly Meeting, all the power, authoiity and 
 rights, vested by law in the Mayor of the said city. 
 
 3. And whereas in and by the seventy-seventh section of 
 the Act passed in the Session held in the fourteenth and 
 fifteenth years of Iler Majesty's Reign, intituled. An Act 
 to amend and consolidate the proviaiona of the Ordinance to 
 incorporate the Oitij of Montreal^ and of a certain Ordinance 
 and certain Acts amendin</ the same, and to vest certain othr 
 powers in the Corporation of the said City of Montreal,, it is 
 provided that a privilege shall ho granted to secure five 
 years' assessment, and doubts exist as to the nature and 
 extent of the said privilege as regards third persons having 
 mortgages or other privileged claims ujwn the real property 
 aftccted thereby; Be it declared and enacted, and it is 
 hereby declared and , enacted by the authority aforesaid, 
 That the privilege of the said Corporation was not intended 
 to have and slmll have no priority or preference over all or 
 any mortgage or })rivileged claims of third parties upon the 
 real property of any person liable for such debts, save and 
 except of the assessment actually due and owing upon or by 
 such real property, but the proceeds of the said real estate 
 sold and realized by justice shall, after j)ayment of such as- 
 sessment actually due thereon, be distributed among such 
 mortgage or privileged claimants according to their respective 
 legal rights, and the b&lance, if any, to the said Corporation 
 pn account of or for the said debt, and no assessments for 
 which the said Corporation shall liave been collocated by any 
 judgment of distribution of the proceeds of any real property, 
 to the prejudice of any mortgage or privileged claimant 
 thereon, other than for the assessments \xpon such real pro- 
 perty shall be held to be paid by the person or persons owing 
 such assessments, but the mortgage or privileged claimant so 
 prejudiced shall bo to all intents and purixtses subrogated in 
 the rights of the said Corporation, as to such assessments, 
 and shall have the power to proceed in his or her own name 
 for the recovery of such assessments either by action or op- 
 position to the same extent, and in the same manner that the 
 
CITY OIIARTER AND OTHER ACTS. 
 
 87 
 
 said Corporation could have done if such collocation had not 
 taken place. 
 
 4. And bo it enacted, That when the said Corporation 
 deposit any price or compensation in the hands of the Pro- 
 thonotary of the Superior Court under and in virtue of the 
 provisions of the sixty-ninth section of the Act last above 
 cited, or any other Act or Law in that behalf, the said Court 
 shall proscribe the mode of calling before it all parties in- 
 terested, and make such orders in relation to the same as in 
 its discretion shall seem just. 
 
 5. And be it enacted. That the Recorder's Court of the 
 said City of Montreal shall have jurisdiction to hear and de- 
 termine all suits and prosecutions that may be brought for 
 the recovery of any fine or penalty that may hereafter be 
 incurred and bo due and payable under any of the provisions 
 of the Act passed in the seventh year of Her Majesty's 
 Reign, intituled. An Act to authorize the Mayor^ Aldermen 
 and Citizens of Montreal to purchase, acquire and hold the 
 projicrty now known as the Montreal Water Works ^ or of any 
 Act amending the same. 
 
 0. And be it enacted. That all and every the provisions 
 of any law in force in respect of the Incorporation of the 
 said city, inconsistent with the provisions of this Act, shall 
 be and are hereby repealed from and after the passing of 
 this Act. 
 
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88 
 
 CITT CHARTER AND OTHER ACTS. 
 
 I'reamble. 
 
 18 v., c. 162. 
 
 Act 18 v., 0.182, 
 rc|M?t)od. 
 
 8eet. 2 of 14, 16 
 Victoria. 0. ia», 
 •mendea. 
 
 ' (23 Victoria, Cap. 72.) 
 
 An Act to amend the provisions of the several 
 Acts for the Incorporation of the City of 
 Montreal. 
 
 (Sanctioned 19th May, 1860.) 
 
 WHEREAS it is expedient to repeal the Act passed in 
 the eighteenth year of Her Majesty's reign, intituled, 
 An Act to amend the provisions of the several Acts for the 
 Incorporation of the City of Montreal, and also to repeal in 
 part, and to amend the provisions of other pre-existing Acts 
 relating to the Incorporation of the City of Montreal, and to 
 vest certain further' powers in the Corporation thereby con- 
 stituted, and to remove certain doubts which have arisen as 
 to the true intent and meaning of certain clauses in the said 
 Acts : Therefore, Her Majesty, by and with the advice and 
 consent of the Legislative Council and Assembly of Canada, 
 enacts as follows : 
 
 1. The said Act passed in the eighteenth year of Her 
 Majesty's reign, intituled. An Act to amend the provisions 
 of the several Acts for the Incorporation of the City of 
 Montreal, shall be and the same is hereby repealed. 
 
 2. The second section of the Act made and passed in the 
 Session held in the fourteenth and fifteenth years of Her 
 Majesty's reign, and intituled. An Act to amend and con- 
 solidate the provisions of the ordinance to incorporate the City 
 and Town of Montreal, and of a certain Ordinance and 
 certain Acts amending the same, and to vest certain other 
 powers in the Corporation of the said City of Montreal, shall 
 be, and is hereby amended by striking out the words " fifty- 
 second and fifty-third," in the fifth and sixth lines thereof, 
 and substituting the words " fifty-fourth and fifty-fifth " in 
 their places respectively. 
 
CITY CHARTEK AND OTHER ACTS. 
 
 89 
 
 3. The eleventh and twentj-fourth sections of the said last 
 cited Act, fourteenth and fifteenth Victoria, chapter one 
 hundred and twenty-eight, shall be, and the same are hereby 
 repealed. 
 
 4. The Mayor and the Councillors of the said City of 
 Montreal, at the periods hereinafter appointed, shall be 
 chosen by the majority of the votes of the following persons, 
 who may not be disqualified by law from voting, and whose 
 names shall remain duly registered, on the revised voters' 
 lists of the said city, as ordered to be made and revised by 
 the Act fourteenth and fifteenth Victoria, chapter one hun- 
 dred an4 twenty-eight, that is to say : 
 
 1. Every male person entered on the then last Assessment 
 Roll, revised, corrected and in force in the said city, as the 
 owner of real property within the Ward for which the elec- 
 tion shall be had, of the assessed value of three hundred 
 dollars or upwards, or of the assessed yearly value of thirty 
 dollars or upwards ; Provided that when such property is 
 owned by several persons par indivia, they may severally 
 vote thereon, if their respective shares in the said property 
 be assessed at not less than three hundred dollars value, or 
 at a yearly value of not less than thirty dollars each ; 
 
 2. Every male person, being an inhabitant householder in 
 the city, whose name shall be entered on the said last As- 
 sessment Roll, as the tenant or occupant of a dwelling-house 
 in the Ward for which the election shall be held, of the 
 assessed value of three hundred dollars or upwards, or of the 
 assessed yearly value of thirty dollars or upwards ; Provided 
 that every such person shall be possessed of the said dwelling- 
 house on the first day of January next preceding such elec- 
 tion, that he shall have been a resident householder in the 
 said city from at least the first day of May next before any 
 such election, and that he shall have resided within the par- 
 ticular Ward for which such election shall be had not less 
 than three months next before the first day of January pre- 
 ceding such election ; and part of a dwelling-house in which 
 any such person, being a tenant as aforesaid, shall reside as 
 a householder or occupier, but not as a boarder or lodger. 
 
 Sects. 11 and 24 
 of 14, 16 v., c. 
 128, repealed. 
 
 By whom the 
 CounciUori* 
 shall be chosen. 
 
 Qualification as 
 voters. 
 
 Owners. 
 
 Proviso. 
 
 Qualification a» 
 voters. 
 
 Tenants or 
 occupants. 
 
90 
 
 OITT CHARTER AND OTHER ACTS. 
 
 Qiwlification as 
 Toters. 
 
 Tonanta of 
 warohoaws, 
 oountlng 
 houwa, fto. 
 
 and having a separate outer door bjr which a communication 
 mth the street may be afforded, shall be considered a dwelling- 
 house within the meaning of this enactment ; 
 
 3. Every male person, though neither a proprietor or house- 
 holder, who shall have been resident in the said city, or within 
 the parish of Montreal, from at least the first day of May next 
 preceding any such election, and who, either individually or 
 jointly, as a co-partner with any other person or persons, 
 shall have been entered on the said last Assessment Boll as 
 the tenant or occupant of any warehouse, counting-house, 
 shop, office or place of business, within any of the said Wards 
 of the city, during three months next preceding any such 
 election ; Provided that the said warehouse, counting-house, 
 shop, office or place of business, when occupied by the sud 
 person individually, be assessed as aforesaid at not less than 
 three hundred dollars value, or at a yearly value of not less 
 than thirty dollars, pr when occupied by him as a co-partner, 
 that his proportion or share thereof be not assessed at less 
 than the said last amounts respectively ; 
 
 4. Provided, however, that no such Proprietor, Tenant or 
 other person aforesaid shall be entitled to vote at any such 
 election in the said city, unless he shall previously to the 
 first day of January next before the holding of any such 
 election, have paid the amount of all rates and assessments, 
 and of every tax, duty or impost, (drain accounts excepted) 
 lawfully imposed by any By-law, Bule, Begulation or Order now 
 in force, or that hereafter may be in force in the said city, 
 that may be due and payable by him, in any capacity or way 
 whatsoever, either as an occupant himself, or as the owner of 
 property either vacant or in the possession of other parties, 
 who may neglect to pay the assessment due on it, up to the 
 first of January next before the holding of any such election. 
 
 5. Every voter shall vote in the Ward in which he is 
 they thftii rote, ngg^gged, unless he be qualified to vote in more than one 
 
 Ward, then in the Ward in which he shall reside ; and each 
 voter qualified to vote in one Ward only shall vote in such 
 Ward, and each voter qualified to vote in more Wards than 
 one and resident without the limits of the city, shall declare 
 
 Provito. 
 
 Previous pay- 
 ment of taxes, 
 
 In what Ward 
 
CITY CHARTER AND OTHER ACTS. 
 
 91 
 
 at least one month before the election, in which Ward he 
 wishes to vote, and in default of so doing, the Board of 
 Revisers shall determine in what Ward he shall vote at such 
 election ; and no person shall be permitted to ^ve more than no -person to 
 
 . . 1 I* vote more tban 
 
 one vote at any election. once. 
 
 6. And whereas doubts have arisen as to the true intent Doubts as to 
 and meaning of that enactment of the fifteenth section of the Seoos of i4, is 
 Act last cited, whereby power is given to the Board of mo?ed. 
 Revisers to correct any mistake, or supply any accidental 
 omission made by the Assessors in the Voters' Lists: it is 
 therefore declared and enacted, that the power so given shall 
 
 not extend to the adding to, or erasing from, the said lists, 
 or any of them of any voter's name, unless a request be made 
 in writing to that effect, in the manner and within the delay 
 prescribed by the fourteenth section of the said Act ; Provided, proviso : Act 
 however, that nothing herein contained shall prevent the said the exercise of 
 Board from erasing from any of the said lists the name of of'tho SoZa of 
 
 Itovisors 
 
 any person that may be proved to them to be dead at the 
 time of the revision of the said lists, or of any person whose 
 name may have been em)neou8ly included in any one or 
 more lists other than the Voters' List of the Ward in which, 
 according to the provisions of the preceding section of this 
 Act, he is alone entitled to vote ; neither shall it prevent the 
 said Board from correcting any mistake made in the Christian 
 or first name of any voter whose name is inserted on any of 
 the said lists, or in the spelling of the surname of any such 
 voter, or from adding to, or reinoving from the said lists, any 
 second or intermediate name or names that may have been 
 erroneously omitted from, or added to, the name of any voter 
 thereon, or from correcting any obviously clerical error in 
 the name, residence, or occupation of any voter in the said 
 lists. 
 
 7. And whereas it is necessary to make provisions where- Reoitai. 
 by a poll or contest may be avoided in certain cases where no 
 division of opinion exists among the electors, in respect of the 
 person intended to be elected Mayor of the said city, or in 
 respect of those intended to be elected Councillors in any or 
 
 all of the Wards thereof ; and it is also necessary to provide 
 
92 
 
 CITT CHARTER AND OTHER ACTS. 
 
 How, when, 
 and where the 
 elections of 
 Mayor and 
 Councillors 
 Hhallbohadand 
 conducted. 
 
 Nomination of 
 candidates. 
 
 1 
 
 that the candidates for any of the said offices shall he publicly 
 known, and that none other but those named shall be or may 
 be elected : Be it therefore enacted, that hereafter the twelfth 
 day of February in each year, or if that be a holiday, then the 
 next following not being a holiday, shall be, and the same is 
 hereby fixed as the nomination day for all candidates for the 
 offices of Mayor of the said City and of Councillors for the 
 several Wards thereof; and such Alderman or City Councillor 
 as shall, at the last previous meeting of the City Council, have 
 been named and appointed for that purpose, shall preside at 
 each of the nominations of candidates for the offices of Mayor 
 and of Councillors respectively, which shall be held in the 
 open air ; that for the office of Mayor at the Bonsecours Mar- 
 ket, and those for Councillors at such places in the several 
 Wards, to be fixed by the said Council, as that all the electors 
 may have free access thereto ; and at ten o'clock in the fore- 
 noon of the said day, the Alderman or Councillor appointed 
 to preside at each such nomination shall proceed to the place 
 where the same is to be held as aforesaid, and shall then and 
 there require the electors there present to name the person or 
 persons whom they wish to choose as Mayor, or as Councillor 
 or Councillors, as the case may be, and any two duly qualified 
 electors of the said city may openly and publicly address to 
 the Alderman or Councillor presiding at the nomination for 
 the office of Mayor, a demand or requisition that the person 
 by them named be elected Mayor of the said city, for the 
 next ensuing term of the said office of Mayor ; and in the 
 event of there being only one such demand or requisition 
 made as aforesaid, or that all the demands or requisitions so 
 made shall be for one and the same person, then the Alder- 
 man or Councillor presiding shall proclaim the said person 
 duly elected Mayor of the said city for the next ensuing term 
 of the said office ; and any two qualified electors in any Ward 
 of the said city may, on the day aforesaid, openly and pub- 
 licly address to the Alderman or Councillor presiding at the 
 nomination for the office of Councillors in such Ward, a demand 
 or requisition that the person or persons named by them be 
 elected Councillor or Councillors for the said Ward in which 
 
 I'roclamation 
 if thoro b4> no 
 contest. 
 
\ 
 
 CITT CHARTER AND OTHER ACTS. 
 
 93 
 
 blicly 
 : may 
 
 en the 
 
 ime is 
 
 br the 
 
 or the 
 
 incillor 
 
 I, have 
 
 side at 
 
 Mayor 
 
 in the 
 
 rsMar- 
 
 Beveral 
 
 electors 
 
 he fore- 
 
 )pointed 
 
 tie place 
 
 hen and 
 
 lerson or 
 
 juncillor 
 
 (qualified 
 
 dress to 
 
 ition for 
 person 
 
 I, for the 
 id in the 
 qmsition 
 litions so 
 Alder- 
 person 
 ling term 
 |ny Ward 
 md pub- 
 ig at the 
 demand 
 them be 
 in which 
 
 the said requisitionists are electors as aforesaid ; and if there 
 be only one demand or requisition made for the election of a 
 Councillor or Councillors in any Ward of the said city, or if 
 all the requisitions made in any such Ward be for the election 
 of the same person or persons as Councillor or Councillors for 
 the said Ward, then the said Alderman or Councillor presiding 
 shall proclaim the said party or parties named in the said 
 requisition or requisitions, (as the case may be,) duly elected 
 Councillor or Councillors for the said Ward for the next 
 ensuing term of the said office or offices ; and each and every 
 such election made as aforesaid vrithout dissent or division 
 therein, shall be forthwith published in at least one English 
 and one French newspaper in the said city, and the said presid- 
 ing Alderman and Councillors respectively shall in due course 
 report the said elections to the Council of the said city ; in in what case a 
 the event of demands or requisitions being made by two or more granted!' ^ 
 duly qualified electors as aforesaid for the election of two or 
 more persons as Mayor of the said city, or as Councillor or 
 Councillors in any Ward thereof, a poll shall be granted for 
 each and every such election by the said presiding Alderman 
 and Councillors respectively, and the said election shall be » 
 
 proceeded with in the manner heretofore and now done, in all 
 cases of contested elections for the office of Mayor of the said 
 city, or of Councillor or Councillors in any of the Wards 
 thereof ; Provided, however, that no person may or shall be provigo. 
 voted for at any such election, or may or can be elected 
 thereat, for whose election a demand or requisition shall not 
 have been made as aforesaid on the twelfth day of February 
 aforesaid. 
 
 8. If after the passing of this Act, any extraordinary Prococdingg 
 vacancy shall occur in the office of Member of the Council of occurs* nT'o"*''^ 
 the said city, the Mayor of the said city, or in the event of luhecoun^' 
 his omission or refusal, the Council thereof, shall fix a day and 
 place for the nomination of candidates for the said office, to be 
 made in the form and manner, and between the hours pro- 
 vided in the next preceding section of this Act ; and the said 
 Mayor or Council (as the case may be) shall at the same 
 time fix a period, within which the election for the candidates 
 
94 
 
 CITT CHARTER AND OTHBR ACTS. 
 
 to be named maj subsequently take place, if necessary ; and 
 in the event of there being only one demand or requisition, 
 made on the said nomination day, or of all the demands or 
 requisitions made thereon, being for the same candidate, then 
 the said party shall be proclaimed duly elected, in the form 
 and manner already provided for; but in the event of their 
 being two or more persons nominated for any such vacancy, 
 a poll shall be granted, and the election shall be proceeded 
 with in the manner provided for, in and by the said Act 
 fourteenth and fifteenth Victoria, chapter one hundred and 
 twenty-eight. 
 
 9. For and notwithstanding any thing to the contrary con- 
 tained in the said Act fourteenth and fifteenth Victoria, chap- 
 ter one hundred and twenty-eight, the salary of the Recorder 
 of the said city shall not be less than two thousand dollars 
 per annum, payable monthly out of the funds of the said city, 
 and so much of the! said Act as provides that the Recorder 
 of the said city shall be assisted in holding the Recorder's 
 Court by one or more of the Aldermen or Councillors of the 
 said city, or that in the absence of the Recorder from sick- 
 ness or other causes, the Mayor or one of the Aldermen or 
 Councillors of the said city shall preside in the said Court, 
 shall be, and the same is hereby repealed ; and it shall be 
 
 Salary of R«- 
 cordor Hxed. 
 
 Itccorder may 
 
 pSty.lind how. lawful for the said Recorder, from time to time, by an instru- 
 ment in writing under his hand and seal, to be deposited, filed 
 and registered in the oflBce of the Clerk of the said Recorder's 
 Court, to nominate and appoint some fit and proper person, 
 being an advocate of not less than five years' standing at the 
 Bar of Lower Canada, to be and act as his Deputy in the 
 event of his illness or necessary absence from the said city, 
 and any such nomination and appointment from time to time 
 to revoke and again to make, as circumstances may seem to 
 him to require ; and each and every person so nominated and 
 appointed shall, for and during the period of time limited in 
 the instrument containing his appointment, or if no period 
 of time be therein limited, then from the date of the regis- 
 tration thereof as aforesaid until the revocation thereof, have, 
 hold, use, occupy, possess and enjoy, and be vested with all 
 
v 
 
 OITT CHARTER AND OTHER ACTS. 
 
 95 
 
 Proviio. 
 
 and every the jurisdiction, rights, powers, privileges and 
 authority, and be bound to discharge all the duties of the 
 Recorder for the said city, to the exclusion, for the time 
 being, of the person so nominating and appointing him as 
 aforesaid : Provided, nevertheless, that the said Recorder's 
 Court shall not at any time be deemed to have been illegally 
 held, nor shall the acts of any Deputy Recorder of the said 
 city be deemed invalid, by reason of the absence of the Re- 
 corder not being deemed to be necessary within the meaning 
 of this Act. 
 
 10. It shall be lawful for the said Council, at any meeting, 
 or meetings of the said Council, composed of not less than 
 two-thirds of the Members thereof, to make By-laws, which 
 shall be binding on all persons, for the following purposes : 
 
 1. For the preservation of peace and good order, and the 
 suppression of vice in the said city ; — ^for the benefit of the 
 trade, commerce and health thereof; — to restrain and pro- 
 hibit all descriptions of gaming in the said city, and all play- 
 ing of cards, dice, or other games of chance, with or without 
 betting, in any hotel, restaurant, tavem, inn or shop, either 
 licensed or unlicensed, in the said city; — to prevent and 
 punish any riot or noise, disturbance or disorderly assem- 
 blages ; — ^to give power and authority to enter into all groce- 
 ries, grog-shops, taverns, hotels, and all other houses or 
 places of public entertainment, whether licensed or unlicen- 
 sed in the said city ; — to detect and arrest on view such per- 
 sons as may be found gaming, playing at cards, dice, or 
 other games of chance, or cock-fighting or dog-fighting there- 
 in, contrary to any By-laws restraining or prohibiting the 
 same, or making, causing or creating any riot, noise, dis- 
 turbance or disorder therein ; to restrain and punish vagrants, 
 mendicants, street-beggars, common prostitutes and disor- 
 derly persons ; — to license, regulate or prohibit the exhibi- 
 tions of common show-men, and shows of every kind, and the 
 exhibitions of any natural or artificial curiosities, caravans, 
 circuses, menageries and theatrical representations ; — to pro- 
 hibit or to punish cock-fighting, and dog-fighting, and all 
 other cruel sports in the said city ; — and also to prevent and 
 
 City Council 
 may malce By- 
 laws for certain 
 parposes — 
 
 For preserva- 
 tion of the 
 peace and good 
 order, the anp- 
 presBion of gam- 
 ing and Tice, 
 &o., and as 
 regards- 
 
 Riots. 
 
 Grog-shops. 
 
 Gaming. 
 
 Prostitution. 
 
 Shows. 
 
 Cocki-flghting, 
 fco. 
 Racing, Ac. 
 
96 
 
 OITT CHARTER ASD OTHER ACTS. 
 
 Flying kites, 
 
 punish horse-racing and immoderate driving or riding in the 
 streets or highways thereof; — to prohibit and puniah the 
 flying of kites and every other game, practice or amusement 
 in the public streets or elsewhere, having a tendency to 
 frighten horses, or to injure or annoy persons passing in or 
 along the highways of the city, or to endanger property ; — 
 to compel all persons to remove the snow, ice and dirt from 
 the roofs of the premises owned or occupied by them, and 
 also from the side-walks in front of such premises, and to 
 punish them for not so doing ; — to prevent the encumbering 
 of the streets, sidewalks, squares, lanes, alleys or high- 
 
 Removing 
 
 snow, ke. 
 
 Kncumbering 
 gtrcots. 
 
 reddling fruit, 
 
 Nuisances. 
 
 Doad bodies, 
 &c. 
 
 Steam engines, 
 Roap factories, 
 
 ways, with 
 
 carriages. 
 
 carts, sleighs, sleds, wheel-barrows. 
 
 boxes, lumber, timber, fire-wood, or any other substance 
 or material whatsoever | — to prohibit and punish, or license, 
 or regulate the sale or pedlery of fruits, nuts, cakes, refresh- 
 ments, bread, jewellery, and merchandise of all kinds, in and 
 upon or along the wharves, streets, side-walks, alleys, and 
 public squares of the city ;■ — to compel the owner or occupant 
 of any grocery, cellar, tallow chandler shop, soap-factory, 
 tannery, stable, barn, sewer, garden, field, yard, passage 
 or lot of ground, or any other unwholesome or nauseous house 
 or place whatsoever, to cleanse, remove or abate the same, 
 from time to time, as often as may be necessary for the 
 health, comfort and convenience of the inhabitants of the said 
 city; — to prohibit any person from bringing, depositing or 
 leaving within the city limits, any dead body or any dead 
 carcass, or other unwholesome or offensive substance, and to 
 require the removal of any such substance, or of any article 
 or thing about or liable to become unwholesome, by the owner 
 or occupant of any premises on which the same may be ; and 
 on his default, to authorize the removal or destruction thereof 
 by some city oflScer, and to recover the expense thereof from 
 the party or parties refusing or neglecting to remove or de- 
 stroy the same ; 
 
 2. To prohibit, if deemed necessary, the erection, use, or 
 employment in the said city of all steam-engines, soap and 
 candle, or oil, or oil-cake factories. India-rubber or oil-cloth 
 factories, slaughter-houses, dyeing establishments and other 
 
A 
 
 CITY CHARTER AND OTHER ACTS. 
 
 07 
 
 and 
 
 loap and 
 loil-cloth 
 Id other 
 
 factories or establishments wherein work, operations or pro- ! 
 cesses, is or are carried on, liable or having a tendency to 
 endanger property, or to affect or endanger the public heal.th 
 or safety ; and the said Council shall have power also to per. 
 mit such erection, use or employment, subject to such restric- 
 tions, limitations and conditions, as the said Gouncil may 
 deem necessaiy ; 
 
 3. To restrain and regulate the keeping and running at cauie.&crun- 
 large of cattle, horses, -swine, sheep and goats, and to autho- °°** "^^' 
 rize the distraining, impounding, and sale of the same for the 
 
 penalty incurred, and cost of proceedings, as well as the ex- 
 pense of their keeping ; to regulate and prevent the running 
 at large of dogs in the said city, and to authorize the destruc- 
 tion of all dogs running at large contrary to any By-law of 
 the said city ; 
 
 4. To authorize the seizure and confiscation of grain, flour, conflscaHon of 
 
 butter, potatoes and all other vegetables, articles and effects, for sate for '* 
 brought to the markets of the said city, for sale or otherwise, weigift"'!^c. 
 for or on account of deficiency in measure, weight or quality, 
 or any other good and sufficient cause ;— to regulate bakers in 
 the said city, and persons in their employ ; — to regulate the 
 sale, weight, and quality of bread to be sold or exposed for 
 sale in the said city, and to provide for the examination and 
 weighing of all bread exposed for sale, and for the seizure, 
 forfeiture and confiscation, and also the disposal after confis- 
 cation, of any and all such bread so exposed for sale contrary 
 to the said By-laws, or that may be light or unwholesome ; 
 and for that purpose to authorize and empower proper officers 
 or persons to enter into bakers' shops or other places, and to 
 stop vehicles carrying bread for the purpose of examining 
 and weighing the same, and to do any other act or thing 
 needful or necessary, or that may be deemed so for the 
 public benefit and security, to carry out such purpose, or to 
 enforce such By-laws ; 
 
 6. To authorize the granting of licenses to carters, and carters' 
 owners and drivers of pubUc vehicles for hire, in and for the 
 said city, and likewise for the better government of the 
 owners and drivers thereof, and to establish rules and regu- 
 
 N 
 
98 
 
 OITT OUARTER AND OTHER ACTS. 
 
 lations in reference to carts, cabs, caleches, carriages, or 
 other public vehicles for hire, in and for the sud city, as well 
 as to fix a tariff of rates and charges for the same ; and 
 further, it shall be lawful for the said Council to make all 
 such owners responsible for the misconduct or negligence of 
 their servants, drivers, or persons in their employ, or having 
 charge of their horses or vehicles for the time being, and 
 liable to the same fines and penalties as are or may be im- 
 posed by any By-law or By-laws of the said Council upon 
 such servants or drivers, or other persons aforesaid, the 'actual 
 offenders ; 
 
 6. To regulate, clean, repair, amend, alter, widen, con- 
 tract, straighten or discontinue the streets, squares, alleys, 
 highways, bridges, side and cross walks, drains and sewers, 
 and all natural water-courses in the said city ; and to prevent 
 the encumbering of the same in any manner, and to protect 
 the same from encroachments and injury ; and also to deter- 
 mine the course of all natural water-courses passing through 
 private property in the said city, and to regulate all matters 
 
 Cleaning ud 
 repairing of the 
 ■tfecto, «o. 
 
 Water Works. 
 
 concerning the same, whether the said water-courses be 
 covered or not ; they shall also have power to direct and 
 regulate the planting, rearing and preserving of ornamental 
 trees, in the streets, squares and highways of the said city ; 
 the said Council shall also have power to cause such of the 
 streets, lanes, alleys, highways and public squares, in the 
 said city or any part or parts thereof, as shall not have been 
 heretofore recorded or sufficiently described, or shall have 
 been opened for public use during ten years, but not recorded, 
 to be ascertained, described and entered of record in a book 
 to be kept for that purpose by the City Surveyor of the said 
 cityj and the same, when So entered of record, shall be public 
 highways or grounds ; and the record thereof shall, in all 
 eases, be held and taken as evidence for their being such 
 public highways and grounds ; 
 
 7. To regulate the management of the Water Works, 
 Aqueduct, Reservoirs, and other works connected therewith, 
 and for the maintenance of order and cleanliness on the said 
 works ; 
 

 OITT CHARTER AND OTHER ACTS. 
 
 99 
 
 8. And whereas great inconvenience and loss has been ex- 
 perienced in the City of Montreal, in consequence of the sale 
 of hay, coal, peat or turf, firewood and other woods, on 
 streets, and other public places not allotted for that purpose, 
 be it enacted that the said Council shall have power and 
 authority to make and pass By-laws to regulate the sale of 
 hay, coal, peat or turf, firewood and other woods, and the 
 sellers thereof, and to prohibit, if deemed necessary, the sale 
 of such hay, coal,' peat or turf, firewood or other wood, in all 
 places other than public markets, or public or private wood- 
 yards, or such places as the said Council may allot or appro- 
 priate for that purpose. 
 
 11. And the said Council shall have power to fix a tariff of 
 fines and rates to be paid at Pounds, now or hereafter to be 
 established in the said city, in lieu of those fines and rates 
 now paid at the same ; any law or custom to the contrary 
 notwithstanding. 
 
 12. And the said Council shall have full power and autho- 
 rity to pass By-laws for the better observance of the Lord's 
 Day, commonly called Sunday, in the said City of Montreal, 
 and for that purpose to prohibit the selling, vending or retail- 
 ing, by store or shopkeepers, pedlars, hawkers, petty chap- 
 men, hotel-keepers, tavern-keepers, or other persons keeping 
 houses or places of public entertainment in the said city, and 
 all other persons, on the said Lord's Day, of goods, wares, or 
 merchandise, wines, spirits, or other strong liquors, or the 
 purchasing or drinking thereof, in any hotel, tavern, or house 
 or place of public entertainment in the city, by any person 
 or persons ; and also to enforce the closing of saloons and 
 taverns from seven o'clock on Saturday evening until Monday 
 morning ; and the said Council may, by any such By-law, 
 give power and authority to enter into all stores, shops, 
 hotels, taverns, or other houses or places of public entertain- 
 ment of any description whatsoever in the said city, for the 
 purpose of arresting on view such parties or other persons 
 suspected of so selling, vending or retailing, or offering or 
 exposing for sale, or of purchasing or drinking, as aforesaid. 
 
 13. And by any such By-law, for any of the purposes 
 
 Torefnilate tlio 
 lale of fliel, Ae. 
 
 Council may Mx 
 the fines to be 
 paid at poundfl. 
 
 May prohibit 
 sales on the 
 Lord's Day. 
 
 Fines to enforce 
 By-laws. 
 
100 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Suits asainst 
 ui>ii-roNd«nt«. 
 
 ( 'timplction of 
 
 AHooHsmont 
 
 Itolla. 
 
 Notice of Much 
 complotion. 
 
 aforesaid, the said Council may impose such fines not exceed- 
 ing twenty dollars, or such imprisonment not exceeding thirty 
 days, or both, as they may deem necessary, for enforcing the 
 same. 
 
 14. Suits for assessments or taxes against non-residentH 
 may be brought in any Court of Justice having competent 
 jurisdiction. 
 
 15. The Assessors shall complete the Assessment Rolls of 
 the several Wards of the city with proper diligence, and shall 
 make out fair copies thereof to be left with one of their num- 
 ber, in their office in the City Hall of the said city ; they 
 shall also forthwith give public notice thereof in the order in 
 which the said Wards may be completed : 
 
 1. Such notices shall set forth that the Assessors have 
 completed their Assessment Roll of the Ward or Wards 
 stated in the said notice, and that a copy thereof is left with 
 one of their number at their office in the City Hall, where 
 the same may be seen and examined by any person interested 
 during the delay specified in the said notice, which delay 
 shall in no case be less than fifteen days from the publication 
 of the said notice ; and that, after the expiration of that 
 delay, at a day and hour to bo stated in the said notice, the 
 Assessors will meet, at their office aforesaid, to review their 
 assessments of the real estate set down in the said Assess- 
 ment Roll or Rolls ; on the application of any person con- 
 ceiving himself aggrieved, it shall be the duty of the said 
 Assessors on such day to meet at the time and place speci- 
 fied, and to hear and examine all complaints in relation to 
 such assessments of real estate that may bo brought beforo 
 them ; and they are hereby empowered, and it shall be their 
 duty to adjourn from time to time, as may be necessary, to 
 hear and determine such complatats ; 
 
 a. Whenever any person, or. his own behalf or on behalf 
 of those whom he may represent, shall apply to the said 
 Assessors to reduce the value of his real estate, as set down 
 in any of the said Assessment Rolls, it shall be the duty of 
 such Assessors (if they see fit) to examine such person 
 touching the value of his or their real estate ; and after such 
 
 lloarinK com- 
 plaiiiU. 
 
 I'roviaion when 
 any onn nooks a 
 reduction of lilt 
 amcMinont. 
 
CITY CHARTER AND OTHER ACTS. 
 
 101 
 
 examination, they shall fix the value thereof at such sum as 
 they may deem just ; but if such person shall refuse to 
 answer any question as to the value of his real estate, or the 
 amount thereof, the said Assessors shall not reduce the value 
 of such real estate ; the examination so taken shall bo 
 written, and shall be subscribed by the person examined, and 
 shall be filed in the office of the said Assessors ; 
 
 8. And any persons complaining as aforesaid to the said Appoai to no- 
 Assessors of their assessment on their real estate, and apply- ftgaiiiKt the 
 ing for a reduction of the same, who may think themselves AgseMorH. 
 aggrieved by the decision of the said Assessors on their said 
 application, may, at any time within fifteen days' delay, com- 
 plain thei'eof by petition to the Recorder's Court, which shall 
 have exclusive jurisdiction in all cases of complaint against 
 the judgments of the said Assessors on the applications made 
 to them for a reduction of assessment on real estate ; all such 
 petitions shall be filed with the Clerk of the Recorder's Court, 
 Avho shall, from time to time, give due and sufficient notice, 
 by publication in one English and one French paper in the 
 said city, of the days and hours when the said Recorder's 
 Court will proceed to hear and determine the merits of such 
 complaints generally, or any class or number thereof, respec- 
 tively ; and any party aggrieved by any decision of the said Apponi trom 
 Recorder's Court with respect to any such complaint, may cor<U'r'"roHrt'. 
 appeal therefrom, by summary petition, to any one of the 
 Judges of the Superior Court for Lower Canada, sitting at 
 Montreal, presented cither in term or vacation, within a delay 
 of eight days from and after the rendering Huch decision, and 
 thereupon it shall be lawful for such Judge to order that cer- 
 tified copies of the entry or entries in the assessment book 
 complained of by the Petitioner, and of the decision of the 
 said Recorder's Court on his complaint thereof, together with 
 such complaint itself, be transmitted to him, and upon receipt 
 thereof he shall, after having heard the Petitioner, either in 
 person or by his attorney, make such order in the premises 
 as to law and justice may appertain ; 
 
 4. When the Assessors, or a majority of them, shall have |{„i|^ j^ in> .i.- 
 completed the Roll of any Ward or Wards, they shall deliver iS^or! '"* 
 the same, duly certified, to the Treasurer of the said City. 
 
102 
 
 CITY CHARTER AND OTHER ACTS. 
 
 I)i80ouiit on 
 assogsmentg in 
 certain cases. 
 
 Council aiitlio- 
 rizod to olR>ct 
 a further loan 
 for certain 
 purpoHCJi. 
 
 ItoniN may bo 
 iMKueil. 
 
 Certain provl- 
 nions to apply. 
 
 Now debt to 
 Ibrm part of the 
 
 16. It shall be lawful for the said Council, by a By-law 
 thereof, to allow such rate or rates of discount as may be 
 considered expedient, on all assessments and taxes, including 
 the water rates, paid within such delay or delays, after the 
 completion of the assessment in each year, as the said 
 Council shall fix upon and set forth in the said By-law ; and 
 the said Council may, by any such By-law, charge interest, 
 not exceeding six per centum, on the amount of all assess- 
 ments and taxes which may remain unpaid after such delay, 
 from the completion of the assessment in each year, as the 
 said Council may determine and fix upon in the said By-law. 
 
 17. For the purpose of enabling the said Council to pay 
 off certain open accounts and outstanding debts which are 
 not included in the Consolidated Debt of the said city, estab- 
 lished by the Act, sixteenth Victoria, chapter twenty-six ; and 
 also for the purpose of enabling the said Council to carry out 
 such improvements, make such repairs, and generally to per- 
 form such works as are required in the said city, it shall be 
 lawful for the said Council to borrow a further sum of money, 
 not exceeding one hundred thousand pounds sterling, over 
 and above any sum or sums of money which the said Council 
 may have been heretofore authorized, or is now empowered 
 to borrow on the credit of the said city ; which amount the 
 said Council may borrow from time to time, and in such sum 
 or sums as may be required, either in this Province or else- 
 whore ; and the said Council may grant and issue bonds for 
 the same, bearing interest not exceeding six per centum per 
 annum, and having coupons annexed to them for tiie interest 
 aforesaid, which coupons shall be signed by the Mayor and 
 Treasurer of the said city, and shall be payable to bearer ; 
 and the said bonds may be made payable either in this Pro- 
 vince or elsewhere, and either in the currency of Canada or 
 in that of the place where the same shall be payable ; and, 
 generally, all the provisions of the Acts now in force as to 
 bonds issued by the said Council, shall apply to those to be 
 issued under this Act, except only in so far as they may be 
 inconsistent with this Act. 
 
 18. The new debt to be created and established under the 
 
CITT CHARTER AND OTHER ACTS. 
 
 103 
 
 Jy-law 
 
 lay be 
 
 lading 
 
 cr the 
 
 9 said 
 
 r; and 
 
 iterest, 
 
 aasesB- 
 
 delay, 
 
 as the 
 
 By-law. 
 to pay 
 
 lich are 
 
 r, estab- 
 
 ix; and 
 
 Eirry out 
 
 J to per- 
 
 shall be 
 
 : money, 
 
 ng, over 
 Council 
 
 powered 
 
 tunt the 
 ich sum 
 or else- 
 fonds for 
 itum per 
 interest 
 lyor and 
 bearer ; 
 ;hi8 Pro- 
 inada or 
 le ; and, 
 Ice as to 
 Ise to be 
 may be 
 
 Inder the 
 
 authority of the preceding section of this Act, shall be added (^onHoHdatPd 
 to, incorporated with, and form part of the Consolidated Debt ^ " "'*'''■ 
 of the said city, established by the said Act, sixteenth Victoria, 
 chapter twenty-six, and shall be secured and paid by means 
 of a sinking fund of two per centum per annum on the amount 
 thereof, in the manner provided for, in and by the said Act ; 
 all and every the provisions of which said Act to secure and 
 provide for the payment of the Consolidated Debt therein 
 mentioned, shall extend and apply to, and be held and deemed 
 to be in force, and to be incorporated with, and form part of 
 this Act, in regard to any debt that may be incurred under 
 the authority of the said preceding section of this Act, the 
 establishment of a sinking fund to repay the same, the autho- 
 rity given to the Treasurer to levy a rate to repay the same 
 or any part of the principal and interest thereof, in the event 
 of the moneys in his hands proving insufficient for the pur- 
 ])03e, and the power given to the Sheriff, in the event of the 
 contingency therein stated, to levy a rate for the payment of 
 the said debt, or any part thereof, in the manner and form 
 prescribed by the said Act. 
 
 19. Inasmuch as the Mayor of the said city is annually (^ongtitution or 
 eligible to be re-elected, and so likewise are the members of ""Sm."' ""* 
 the Council, whose term of office will expire in the next suc- 
 ceeding month of March, and neither the Mayor nor the said 
 members of Council consequently form part of the Board of 
 Uovisors, established by the twentieth section of the Act four- 
 teenth and fifteenth Victoria, chapter one hundred and twenty- 
 eight ; the said Board shall hereafter be composed of sucii 
 five members of the Council, to be taken exclusively from 
 among the Aldermen and Councillors thereof, whoso term of 
 office will not expire in the next succeeding month of March, 
 as the said Council may annually choose to select and 
 nominate in the manner otherwise specified in the said twen- 
 tieth section of the said Act. 
 
 20. In addition to the persons already disqualified by law Membcn of 
 from voting at any election of Mayor or Councillor in the said ma/not^'oU). 
 city, no officer or servant in the pay of the said Council, nor 
 any officer, constable, or other member of the Police Force 
 
104 
 
 CITY CHARTER AND OTHER ACTS. 
 
 How notices 
 sliull be givcu. 
 
 piiblUlied. 
 
 of the said city, shall hereafter be qualified to vote at any 
 such election. 
 
 21. All notifications, generally, which are required to be 
 given by this Act, or by the Acts hereby amended, relating 
 to the Incorporation of the said city, and specially all notices 
 in relation to the Water Works of the said city, or which are 
 required to be given to the tenants of the Water Works of 
 the said city, or the parties supplied with water from the said 
 works, or liable to assessment therefor, may hereafter be 
 made and given by public advertisement thereof in at least 
 one newspaper published in the English language, and one 
 newspaper published in the French language in the said city ; 
 iiowg|gnedand And such notifications shall in all cases have appended to 
 them the name of the officer of the said Council or other 
 person authorized to give the same ; and they shall be pub- 
 lished in each case for such periods of time as may be deemed 
 reasonable and sufficient by the said Council, or by any Com- 
 mittee whose duty it may be to order the said publication 
 thereof to be made. 
 
 •22. For the purpose of constructing and establishing 
 Market-houses and Market-places, in the West, St. Ann's, 
 St. Antoine, St. Lewis, St. James, and St. Mary's Wards of 
 the said city, it shall be lawful for the said Corporation to 
 eifect a special loan of ten thousand pounds, sterling money 
 of Great Britain, to be designated " The Market Loan," and 
 to issue, under the hand of the Mayor and the seal of the 
 said Corporation, Debentures or Corporation Bonds, to the 
 said amount of ton thousand pounds sterling, aforesaid, pay- 
 able twenty-five years after the date of the issue thereof 
 respectively, and beai'ing interest payable semi-annually on 
 the first days of May and November in each and every year, 
 and at a rate not exceeding six per centum per annum ; and 
 all such Debentures shall be headed with the words or title 
 " The Market Loan," to designate the object and purpose for 
 which they shall be issued ; they may be issued from time to 
 time, at such periods, and for such amounts as shall be doomed 
 expedient ; and they may have coupom annexed to tiiem, for 
 the half-yearly interest payable on them ; which coupons, being 
 
 Loan for erec- 
 tion of Market- 
 liouseg, &c. 
 
 Itondg. 
 
€ITY CHARTER AND OTHER AOTS. 
 
 105 
 
 b any 
 
 to be 
 lating 
 lotices 
 jh are 
 >rk8 of 
 ic said 
 ber be 
 t least 
 nd one 
 deity; 
 ided to 
 p otber 
 be pub- 
 deemed 
 y Cora- 
 )licatioH 
 
 Wishing 
 . Ann's, 
 
 ards of 
 [ation to 
 
 money 
 jin," and 
 tl of the 
 
 ,, to the 
 
 signed by the Mayor and Treasurer of the said Corporation, 
 shall be respectively payable to the bearer thereof, when the 
 half-yearly interest therein mentioned becomes due, and shall, 
 on payment thereof, be delivered up to the said Corporation ; 
 and the possession of any such coupon, by the Corporation, shall 
 he primd facie evidence, that the half-year's interest therein 
 mentioned has been paid, according to the tenor of such 
 debenture ; and all such debentures, and as well the interest 
 as the principal thereof, are and shall be secured on the 
 general funds of the said Corporation, as well as by a special 
 privilege on the Market-houses and Market-places, to be 
 constructed aud established by means thereof. 
 
 23. The amount which the said Corporation is empowered where aud how 
 to borrow by the preceding section, may be borrowed either boeiiboted. ^ 
 in this Province or elsewhere, and the principal sum, and 
 
 interest thereon as aforesaid, may be made payable either in 
 this Province or elsewhere, and either in sterling money afore- 
 said, or the currency of this Province, or in that of the place 
 where the same shall be payable, and generally all the provi- 
 sions of the Acts now in force, as to debentures issued by the 
 said Corporation, shall apply to those to be issued under this 
 Act, except only in so far as they may be inconsistent with 
 this Act. 
 
 24. The said Market-houses to be constructed and estab- Markot-uouM-B 
 lished by means of the special loan authorized to be made for na repay- 
 under this Act, and also the land to be acquired for the pur- 
 pose thereof, and every matter and thing therewith connected, 
 
 shall be, and they are hereby specially charged, pledged, 
 mortgaged, hypothecated for the repayment of any sum or 
 sums which may be borrowed by the said Corporation, for the 
 construction and establishment of the said Market-houses 
 and places, as well as for the due and punctual payment of the 
 interest on the money which may be so borrowed as aforesaid ; 
 and all, each and every of the holders of the debentures 
 issued for the said loan, shall have a concurrent pledge, mort- 
 gage, hypothec, or privilege on the said Market-houses, and 
 property appertaining thereto, for securing the payment of 
 the said debentures and interest thereon. - » 
 
106 
 
 CITY CHAft'r&R AND OTHER ACTS. 
 
 < 'ounoil may 
 rpgulate the 
 laying of rail- 
 way§ and tlio 
 paxsine of 
 traing through 
 the 8treot8. 
 
 Hy-law8 to bo 
 public laws 
 within the city. 
 
 l<icon«'8 to 
 carters and 
 chimney 
 Kwecpg. 
 
 Jurisdiction of 
 Kccorder'g 
 •Court ex- 
 tended. 
 
 Fnrmsinoap. 
 108 of Con. 
 Stat. Canada 
 to apply. 
 
 25. The said Council shall have power, whenever, in its 
 opinion, public convenience requires it, to sanction and permit 
 the track of any railroad to be laid in or along any street or 
 public ground ; and to regulate the use of locomotive engines, 
 and of steam or any other motive power on any or every por- 
 tion of any railroad within the city, and to prescribe and 
 regulate the speed of cars upon: any and every part of such 
 railroad ; and to enact By-laws in' pursuance of the powers 
 hereby granted, imposing a penalty of not more than four 
 hundred dollars upon the proprietors or corporations owning 
 any such railroad, or their servants for each and every viola- 
 tion of any such By-law. 
 
 26. The By-laws of the said Council shall be held and 
 taken to be public laws within the limits of the said city ; 
 and as such shall be judicially taken notice of by all Judges, 
 Justices, and other persons whomsoever, without being spe- 
 cially pleaded. ' ' 
 
 27. The said Council shall have full power and authority 
 to suspend or revoke all licenses granted to carters and 
 owners, or drivers of public vehicles, in and for the said 
 city ; to ferrymen plying to and from the said city ; to 
 chimney-sweeps, and generally all licenses whatsoever granted 
 by the said Council, for any offence or cause of misconduct, 
 or violation of any By-law relating to or concerning such per- 
 sons, holding any such licenses, or their trade, occupation, 
 or business in respect of the same. 
 
 28. And whereas it is expedient to extend the jurisdiction 
 of the Recorder's Court of the said City of Montreal, to all 
 matters, complaints or offences cognizable by one or more 
 Justice or Justices, Commissioner or Commissioners of the 
 Peace, or one or more Magistrate or Magistrates, the said 
 Court shall have full power and authority to hear, try, and 
 determine all matters, complaints or offences, which hereto- 
 fore, by the laws and usages now in force, were cognizable 
 by and within the jurisdiction of one or more Justice or 
 Justices, Commissioner or Commissioners of the Peace, or 
 one or more Magistrates, and further the forms of proce- 
 dure, informations, complaints, summonses, warrants, recog- 
 
CITT CHARTER AND OTHER ACTS. 
 
 lOT 
 
 in its 
 ermit 
 jet or 
 ^nes, 
 f por- 
 Q and 
 ; such 
 )0wer8 
 tt four 
 >wning 
 viola- 
 Id and 
 1 city; 
 fudges, 
 ng spe- 
 
 ithority 
 >r8 and 
 [he said 
 ity; to 
 granted 
 jonduct, 
 ch per- 
 pation, 
 
 nizances, proceedings, orders, convictions, commitments, and 
 all other orders, writs, warrants and proceedings generally, 
 established in and by the Act forming chapter one hundred 
 and three of the Consolidated Statutes of Canada, intituled : 
 An Act respecting the duties of Justices of the PeacCj out of 
 Sessions^ in relation to summary convictions and orders, and 
 set forth and contained in the Schedules of the said last men- 
 tioned Act, shall be, and the same are hereby extended and 
 applied to the said Recorder's Court, and mutatis mutandis 
 may henceforth be used and employed in all cases of a like 
 or corresponding nature in the said Recorder's Court ; and 
 further all and every the provisions of the said last cited Act, And other 
 m regard to otfences and the mode of prosecuting and punish- Iho Act. 
 ing therefor, and all the proceedings, orders and convictions 
 authorized and commanded to be made in and by the said Act, 
 shall be incorporated with this Act, with such modifications 
 as are necessary for their application to the said Recorder's 
 Court. 
 
 29. Any one or more joint owners or occupiers of any lot, suite against 
 house, or premises, or other real property in the said city, of property tor 
 complained of for violation of any By-law of the said Council 
 
 now or hereafter to be in force, bearing upon the said joint 
 owners or occupiers, or upon the said lot, house or premises, 
 or other real property, in any manner whatsoever, by reason 
 of nuisances committed thereon, or other offences of what 
 nature soever, may be sued alone, or conjointly, in the said 
 Recorder's Court, as may be deemed advisable, as well as the 
 agent or agents of the said joint owners or occupiers or of 
 any one of them, and the oral testimony of such ownership 
 or occupancy, whether sole or joint or of such agency, or 
 that the parties complained of are reputed to be such owners 
 or occupiers, either sole or joint, or such agents as aforesaid 
 shall be deemed sufficient. 
 
 30. The Mayor, or other officer for the time being presi- Maintenance oi 
 ding at any meeting of the Council, shall have power to j^jRHof ti"** 
 enforce his authority, for the maintenance of order and 
 decency, by causing to be forcibly put out of and excluded 
 
 from the Council Chamber, until the adjournment of the 
 
108 
 
 CITY CHARTER AND OTHER ACTS. 
 
 rrovlao: As to 
 cxoroiao of 
 powers of pcr^ 
 son presiding. 
 
 Sootion 86 of 
 14, 16 v., 0. 128, 
 repealed. 
 
 liOoso and dis- 
 orderly persons 
 may be appre- 
 liondcd on view. 
 
 meeting, any member of the Council, persisting in misdemean- 
 ing himself, after the Mayor, or officer so presiding, shall 
 declare him to be out of order ; Provided that upon a motion 
 to that effect, it shall be resolved by a majority of at least 
 three-fourths of the members present that the Mayor, or officer 
 presiding, should enforce his authority in that behalf; and 
 any motion to that eifect shall always be held to be in order, 
 and shall be put and deSded upon without debate. 
 
 31. The eighty-sixth section of the said Act, fourteenth 
 and fifteenth Victoria, chapter one hundred and twenty-eight, 
 shall be and is hereby repealed. 
 
 32. It shall be lawful for any police officer or constable of 
 the said city during the time of his being on duty, to appre- 
 hend on view, all loose, idle and disorderly persons ; that is, 
 all persons whom he shall find disturbing the public peace, or 
 whom he shall have just cause to suspect of any evil designs, 
 or whom he shall find lying, loitering or wandering, either by 
 night or by day, in any field, highway, yard or other place, 
 and all prostitutes or persons wandering by night or by day, 
 or found lying down, loitering, lodging or sleeping in any bam, 
 shed, out-house or other building, unoccupied ; or in the open 
 air, or under a tent, cart, waggon or other vehicle, not giving 
 a satisfactory account of themselves, and all persons causing 
 a disturbance in the streets or highways, by shouting or other- 
 wise, and to deliver any person so apprehended into the 
 custody of the officer or constable appointed under the said 
 Act, who shall be in attendance at the nearest Police Station 
 or Watch-house, in order that such person may be so secured 
 until he or she can be brought before the Recorder's Court 
 of the said city, to be dealt with according to law, or the 
 provisions of this enactment, or to give bail to such officer or 
 constable for his appearance before the said Recorder's Court, 
 the said Recorder or his deputy, if such officer ohall think fit 
 to take bail in the manner prescribed by the said Act ; And 
 it shall further be lawful for the said Recorder's Court, or the 
 said Recorder, or his deputy, by whom any such loose, idle or 
 disorderly person shall be convicted of any of the said recited 
 offences, by confession, or by the oath of one or more credible 
 
 How such por> 
 Hons shall be 
 dealt with. 
 
 Towers of Re- 
 corder's Court 
 nt) to such per- 
 sons. 
 
OITT CHARTER AND OTHER ACTS. 
 
 109 
 
 witnesses, to adjudge that such person shall pay a fine not 
 exceeding twenty dollars, either immediately, or within such 
 period as may be thought fit, and be imprisoned in the Com- 
 mon Gaol or House of Correction, at hard labour, for any time 
 not exceeding two calendar months, or to adjudge that such 
 person shall pay a fine of twenty dollars, either immediately 
 or withui such period us may be thought fit, and that in de- 
 fault of such payment, either immediately or within the time 
 appointed as aforesaid, such person shall be imprisoned in the 
 said Common Gaol or Hou»e of Correction, at hard labour, for 
 any time not exceeding two calendar months ; the imprison- 
 ment, however, to cease upon payment of the fine imposed. 
 
 83. The ninetieth section of the said last cited Act, four- soot.nonf h, 
 tcenth and fifteenth VictorJa, chapter one hundred and amomipd. 
 twenty-eight, shall be and the same is hereby amended with 
 respect to that part thereof imposing fine and imprisonment ; 
 and it is hereby enacted that the said Recorder's Court shall rowon m- it<>- 
 have power and authority either to fine and imprison any person 
 convicted before it of having assaulted or resisted any officer 
 or constable appointed under the said Act, in the execution 
 of his duty, or of aiding and inciting any person so convicted, 
 to assault or resist, as declared by the said section, or to ad- 
 judge that the person or persons so convicted as aforesaid, 
 shall, for every such offence, forfeit and pay such sum not 
 exceeding twenty dollars, either immediately or within such 
 time as may be thought fit, and in default of such payment 
 either immediately or within the delay mentioned, such peraon 
 or persons shall be imprisoned in the Common Gaol, or House 
 of Correction, at hard labour, for a period not exceeding thirty 
 days. 
 
 cordcr'H Court. 
 
 84. The said Council shall have full power and authority rroMcution lur 
 in all cases of offences tor the commission whereof fine and uiuior it) -lawM. 
 imprisonment are imposed by any By-law of the said Council, 
 
 to proceed against and prosecute parties charged therewith, 
 either by summons or by warrant issued upon affidavit taken 
 before the Recorder of the said city, or his deputy, as may 
 be thought more advisable for the attainment of justice. 
 
 85. And whereas it is enacted, in and by the seventy- iicoiui. 
 
110 
 
 CITY CHARTER AND OTHER ACTS. 
 
 14, 16 v., 0. 128, fourth section of the said Act hereinbefore recited (fourteenth 
 and fifteenth Victoria, chapter one hundred and twenty- 
 eight), that in all cases where the proprietors of the majority 
 of the real estate in any street, square, or section of the city, 
 that is to say, the proprietors of the larger part in value of 
 the said real estate, and according to the then assessed value 
 thereof, may apply to the said Council for any specific local 
 improvement in and to the said street, square, or section, 
 other than the repairing of the streets thereof, it shall be 
 competent for the said Council to allow the same ; and for 
 the purpose of defraying and covering the cost of the said 
 specific improvement, or any part thereof, which the said 
 Council may determine to be borne by the parties interested 
 in the same, the said Council is empowered to impose and 
 levy, by By-law, a special rate, tax or assessment on all real 
 estate in the said street, squara, or section of the said city, 
 benefited or to be benefited by the said improvement, accord- 
 ing to the assessed value thereof, sufficient to cover the 
 expense of the said improvement, in whole or in part, as the 
 said Council may decide ;. but no provision is made in the 
 said section to fix and determine what real estate in the said 
 street, square or section of the said city is so benefited or to 
 be benefited by the said improvement, or to apportion the 
 said special rate, tax or assessment, on the said real estate, 
 as nearly as may be in proportion to the benefits resulting or 
 
 How property to rcsult from the said specific improvement ; It is enacted, 
 
 shall Be assegsocl r r ' ' 
 
 jn respect of that in all cases where land or property may have been taken 
 
 local improve- _ ; . 
 
 ments. an(j appropriated for any specific improvement by virtue of 
 
 the said in part recited seventy-fourth section of the said Act, 
 or where the same may hereafter be taken and appropriated 
 by virtue thereof, the whole of the real estate in such street 
 or streets, square, or section of street or streets, with the 
 exception, on each occasion, of the lot or lots from which the 
 ^ land or property aforesaid may have been or shall hereafter 
 
 be taken, shall be held to have been equally benefited by 
 such improvement, and shall be equally rated, taxed, or 
 assessed, to provide the expense of the said improvement, as 
 nearly as may be, in whole or in part, according to the man- 
 
CITY CHARTER AND OTHER ACTS. 
 
 Ill 
 
 ner in which the said Council may havo already decided, or 
 shall hereafter decide, that the said expenses thereof were to 
 have been, or shall be, borne by the said Proprietors ; and so 
 much of the said section as empowers the said Council to 
 regulate and apply such rate, tax, or assessment, to and upon 
 any such real estate to bo so rated, taxed or assessed, and 
 according and in proportion to the amount of benefit which 
 will be conferred thereon by the said improvement, shall bo 
 and the same is hereby repealed ; and the assessed value of 
 all real estate in any such street or streets, square, or section 
 of a street or streets, for the year in which any such aforesaid 
 improvement may have been heretofore made, or in which 
 any such aforesaid improvement may hereafter be made, 
 under the said section, shall be held to be the assessed value 
 thereof, for the purposes of the said improvement ; Provided rrovino. 
 that no real estate in any such street or streets, square or 
 section of street or streets, shall be exempted from being 
 rated, taxed or assessed towards any such improvement 
 except in the particular occasion of a pai^t thereof being taken 
 for the purposes of the said improvement, or to carry out the 
 same ; Provided further, that in case any real estate shall bo FroviDo. 
 situated on two or more streets or on one or two streets and 
 a public square, the said Council, in passing such a By-law, 
 shall determine what portion of the said real estate is bene- 
 fited by the specific improvement made in the said street or 
 square, and shall accordingly apportion the special tax or 
 assessment to be levied on the said real estate, by reason of 
 the said improvement. 
 
 36. In all cases where the whole or any part of any real in ciwo nro- 
 estate, subject to any lease or other agreement, shall bo taken to aiVieiwct 
 by the said Council, under the said section of the said Act, tho'counoii. 
 all the covenants and stipulations contained in such lease or 
 agreement, shall, upon the passing of a By-law by the said 
 Council, to impose and levy the special rate, tax or assess- 
 ment, required for the purpose of defraying and covering the 
 cost of any such specific local improvement, cease, determine, 
 and be absolutely discharged ; and in all cases where a part 
 only of any real estate shall be so taken, the said covenants 
 
112 
 
 CITY CHARTER AND OTHER ACTS. 
 
 and stipulations shall be so discharged, only as to the part so 
 taken ; and in passing, such a By-law, the Council of the said 
 city shall determine the rents, payments and conditions, 
 which shall be thereafter paid and performed, under such 
 lease or agreement, in respect to the residue of such real 
 estate. 
 MomiiitK of coi^ 37. And whereas doubts have arisen as to the meaning of 
 Moot. 74 »tu, 16 the words " Section of the City,'' contained in the said se- 
 
 V. c IM . 
 
 venty-fourth section of the said Act, fourteenth and fifteenth 
 Victoria, chapter one hundred and twenty-eight, it is enacted, 
 that the said words " Section of the City," shall mean and 
 be taken as comprising any portion of the city, square or 
 street, for which any such specific local improvement has 
 been, or may hereafter bo applied for, by any such petition 
 as aforesaid. 
 ciiriKtian riki 38 . In the lists and certificates of voters in the several Wards 
 
 Hiirimim>8 to bo .i . <. w i ;<-, .., « , .i . 
 
 wt forth in tho of the Said city, for Mayor and Councillors of the said city, 
 
 lint ut vut«>r«. 1 11 /v 1 11 
 
 there shall hereafter be stated and set forth, at full length, 
 the Christian and Surnames of the said voters, their occupa- 
 tions, and the streets in which they reside, in the said city, 
 ' or in which they have their places of business therein, when- 
 ever the right of vote arises out of the business carried on by 
 the said voters. 
 17th Hoot. of 39. And whereas it is necessary to amend the seventeenth 
 
 ainciidoii. ' ' scctiou of the Said Act, fourteenth and fifteenth Victoria, 
 chapter one hundred and twenty-eight, with respect to the 
 formalities to be observed by the City Clerk, prior to the 
 delivery to any person whose name shall be on the voters' list 
 for any Ward, for a certificate to the effect that the name of 
 such person is on the voters' list, and that he is entitled to 
 vote at the election to be held for Mayor of the said city, and 
 city Clerk may for a Couucillor or CouuciUors for such Wards, it is enacted 
 
 rcHiuire an oath . ■, r-,. ^, , • «. i • 
 
 Ota voter. that the said City Clerk, or any person acting for him, shall 
 have full power and authority, whenever deemed necessary, 
 to administer to such person requiring such certificate, the 
 following oath or affirmation, before delivering the said certi- 
 ficate, viz : 
 
 Form of oath. " You swcar (oT Solemnly affirm) that you are the person 
 
 (( 
 
CITY CIlAllTKR AND OTHER ACTS. 
 
 118 
 
 ruiiiHiimoiit of 
 brllN'ry nt city 
 oloolioni. 
 
 *' named and described in the cortiflcato claimed by and now 
 " shown to yon, {readimj to the said part}/^ at the same 
 " time^ the name^ occupation, and name, of the utreet, get 
 "forth in full, in the said certificate,) and that you aro 
 ** entitled to vote at the election to bo held for Mayor of the 
 ♦' City of Montreal, and for a Councillor {or Councillorn, an 
 " the case may he) for the {naming the ward) Ward of the 
 " said city. So help you God." 
 
 40. If any person, who shall have or claim to have any 
 right to vote at any election of a Mayor or of a Councillor in 
 the said city, shall, after the passing of this Act, ask or take 
 any mohey or other reward by way of gift, loan or other 
 device, or agree or contract for any money, gift or office, 
 employment or other reward whatsoever, to give or forbear 
 to give his vote in any such election, or if any person, by 
 himself or by any person employed by him, shall by any gift 
 or reward, or by any promise, agreement or security, for any 
 gift or reward, corrupt i»r procure, or offer to corrupt or pro- 
 cure, any person to give or forbear to give his vote in any 
 such election, such person so offending in any of the cases 
 aforesaid, shall, for every such offence, forfeit the sum of 
 forty dollars, to bo recovered, with full costs of suit, by 
 any one who shall sue for the same in the Circuit Court 
 for the District of Montreal ; and any person offending in 
 any of the cases aforesaid, being lawfully convicted thereof, 
 shall for ever be disabled to vote in any election in the said 
 city. 
 
 41. The sixteenth section of the said Act, fourteenth and 
 fifteenth Victoria, chapter one hundred and twenty-eight, 
 shall be and the same is hereby repealed. 
 
 42. The Voters' List for each Ward of the said city, when 
 settled and signed in the manner provided for in and by the 
 last cited Act, shall be again placed and kept in the City 
 Hall, until after the close of the elections, shall then be filed 
 in the office of the City Clerk ; and every person whose name 
 shall appear in such Ward list, and who shall produce a certi- 
 ficate in the manner provided for by the said Act shall be 
 entitled to vote at the election for Mayor of the said city, and 
 
 8oct.l(tofl4, 15 
 v., 0.128, re- 
 pealed. 
 
 Upon coinplo- 
 f ion of votcri«' 
 liHtH, they shall 
 buoxnoBod in 
 tlio <lty Hall 
 and filed with 
 the Clerk. 
 
 ItiKht* of per- 
 HonH on Bucli 
 
 liKtH. 
 
114 
 
 CITY CHAUTKU AND OTHHIR ACTS. 
 
 for a CouiiCillor or Councillors, as the case may bo, in the Ward 
 stated in his cortifiuato, witliout any further incpiiry as to his 
 iToviHo: Cor. qualification ; Provided that it shall be lawful for the said 
 bo roquircd of Mayor, or for any Alderman or Councillor of the said city, 
 or for the Recorder or City Clerk thereof, to administer 
 either, or both, of the following oaths, marked one and two, 
 included in this section, to any party producing any such 
 certificate, and claiming a right to deposit the same, and vote 
 at the said election ; and it shall be compulsory on the said 
 Mayor, Alderman or Councillor, and upon the said Uecordor 
 or City Clerk, to administer either or both of the said oaths, 
 ti|)on the requisition to that effect of any candidate at the 
 said election, or any duly qualified voter in the said city, and 
 likewise in all cases where doubts are or may be entertained 
 of the identity of the party desirous of voting, of his being of 
 the full age of twenty-one years, or of his having received or 
 been promised any consideration for his vote ; and any per- 
 sons required to take the said oaths, or either of them, and 
 refusing so to do, shall bo prohibited from voting so long as 
 he shall persist in his refusal, and until he shall have taken 
 the said oath or oaths. 
 
 IVraong rcftiH- 
 
 iiffti 
 ot V 
 
 not vote. 
 
 Oath Number One. 
 
 Formofoatii. " You swoar (or if he he one of the persona permitted hf 
 " law to affirm in civil eaHea, you affirm) that you are the 
 " person named and described in the certificate now shown 
 " to you (reading to the said partji, at the same time, the 
 " name, occupation, and name of the street set forth in full, 
 " in the said certificate) ; and that you have not voted 
 " before at this election. So help you Cod." 
 
 Oath Number Two. 
 
 Form of oath. <' You swcar that you verily believe you are of the full 
 " age of twenty-one years ; and that you have not already 
 " voted at this election ; and that you have not received any 
 " thing, nor has any other person, to your knowledge or 
 
CITY CHARTER AND OTHER ACTS. 
 
 iir> 
 
 " belief, rccoivod any thing for you or on your accotuit or 
 " behalf, either directly or indirectly ; neither has there been 
 " any thing promised to you, or, to your knowledge or belief, 
 " to any other person for you or on your behalf or account, 
 " either directly or indirectly, in order to induce you to give 
 " your vote at this election, nor do you expect any remune- 
 " ration, gift or reward, either directly or indirectly, for 
 " voting at this election. So help you (Jod." 
 
 43. Any person who shall swear or affirm falsely, upon Fnino nwoarjnj? 
 the said prescribed oaths, numbered one and two, contained " " •'" ■""'^' 
 in the preceding section, or either of them, being administered 
 
 to him, shall bo guilty of wilful and corrupt perjury, and 
 shall be liable to all the pains and penalties of the said 
 offence. 
 
 44. Hereafter no Auditor, elected or appointed under oatiitoitfiakin 
 the said last cited Act, shall be required to take an oath that '^ "' '"'" 
 
 he is holder of real or iwrsonol estate, as one of the cpialifica- 
 tions for holding such office ; but the following oath shall ))e 
 administered to such Auditor by the Mayor, or any Alderman 
 or Councillor thereof, or the City Clerk, to wit : 
 
 " You (name of Auditor), having been elected Auditor Fonn. 
 " for the City of Montreal, do sincerely and solemnly swear 
 " that yo»i will faithfully fulfil the duties of the said office 
 " according to the best of your judgment and abilities. So 
 " help you God." 
 
 And no other oath shall be re(piired of such Atiditor. 
 
 45. 'i'ho nineteenth section of the Act last cited (fourteenth hoc». i!» ..»• u, 
 and fifteenth Victoria, chapter one hundred and twenty-eight) tti'imiiVicd. ' 
 shall bo and the same is hereby amended, by substituting in 
 
 the said nineteenth section the words " sixteenth section," 
 in |)lacc of " fifteenth section." 
 
 40. The thirty-third secticm of the Act last cited shall be scct.saofHni.i 
 and the same is hereby repealed. 
 
 47. 
 
 The forty-eighth and forty-ninth section of the said 4HthBn.Nnfii 
 last cittMl Act shall be and the same are hereby amended, in buk li.i.d. '" 
 so far as respects the manner of appointing a Chairman at any 
 meeting of the said Council, in the al>sence of the Mayor and 
 Acting Mayor of the said city, so that the said Council shall 
 
116 
 
 CITY CHARTER AND OTHER ACTS. 
 
 r)fith MCtion ro- 
 
 Tariff of rates 
 to bo flxod for 
 water supply. 
 
 have full power and authority hereafter, in the absence of the 
 said Mayor and Acting Mayor, to choose any Alderman or 
 Councillor to be Chairman at any such meeting. 
 
 48. The fifty-sixth section of the Act last cited, fourteenth 
 and fifteenth Victoria, chapter one hundred and twenty- 
 eight, shall be and the sanieis hereby repealed. 
 
 49. It shall and may be lawful for the said Council of the 
 said city, when and so soon as they are prepared to supply the 
 said city or any part thereof with water, to establish a tariff 
 of rates for water supplied or ready to be supplied in the said 
 city from the said Water Works, which said tariff of rates 
 shall be payable at the times and in the manner to be estab- 
 lished in the said By-law, by all proprietors, occupants or 
 others supplied with water from the said works, or whom the 
 said Council are prepared and ready to supply with water 
 from the said works ; which tariff of rates shall not, however, 
 be made payable before the water is ready to be supplied to 
 the said proprietors, occupants or othere, by the said Council ; 
 the said tariff of rates shall and may be made payable by all 
 such proprietors, occupants or others, as well by those who 
 refuse as by those who consent to receive into their houses, 
 stores, shops, offices, places of business, or other buildings, 
 the water-pipe to supply the said water ; but the said tariff 
 of rates shall not be payable by the proprietors or occupants 
 of any such house, store, shop, office, place of business, or 
 building, until after the said Council shall have notified them 
 that they are prepared and ready to supply such house, store, 
 shop, office, or place of business or building, with water, and 
 if, from the time of such notification to the next period a\h 
 pointed for the payment of such tariff of rates, there shall bo 
 any broken period, then such tariff of rates shall be payable 
 pro rrta for such broken period, as if accruing day by day ; 
 Provided that the expense of introducing the said water into 
 the said hoitses, stores, shops, offices, or places of business, 
 or other buildings, shall be borne by the said Council, and 
 the work performed by the same ; but the distribution of 
 the water through the said houses, stores, shops, offices, 
 places of business, or other buildings, after being introduced 
 
 Wlion to \xi' 
 I'oiiio payable. 
 
 rrovUo ; Ah to 
 cimt of hitro- 
 iliicliig water. 
 
CITY CHARTER AND OTHER ACTS. 
 
 117 
 
 into them, shall be borne by such proprietors or occupiers, if 
 required by them ; Provided that in every case where sucli rrovixo: AHto 
 proprietor shall refuse or neglect to make the expense re- lc"naut." ^ 
 quired for the distribution of the said water, and that the 
 said Council shall exact the payment of the water-rate im- 
 posed in and by the present section from the tenant, then, in 
 every such case, such tenant may withhold from the said 
 proprietor, out of the rents to be paid him for the property 
 he occupies, the amount of water-rate thus paid by such 
 tenant, unless such tenant be bound towards the said proprie- 
 tor, by his lease or otherwise, to make the expense required 
 for the distribution of the said water. 
 
 50. And whereas, in cases whore the said Council have Rocitai. 
 purchased or taken and entered into property for the use of, 
 or the improvement or extension of the Water Works of the 
 said city, by virtue of the Act passed in the seventh year of 
 Her Majesty's reign, intituled. An Act to authorize theTy.c.n. 
 Mat/or, Aldermen and Citizen% of the City of Montreal to 
 purchase, acquire and hold the property now known as the 
 Montreal Water Works, and of the Act passed in the six- 
 teenth year of Her Majesty's reign, intituled. An Act to i6V.,c.i27. 
 authorize the Mayor, Aldermen and Citizens of the City of 
 Montreal to borrow a certain sum of money, and erect there- 
 with Water Works for the use of the said City, and to extend 
 and amend the provisions of any Act relatiny thereto, doubts 
 have been raised as to the authority or power of the said 
 Council to grant mortgages (Jiypotheqws) for the price of 
 such property purchased, taken, or entered into, or any part 
 thereof, remaining unpaid by the said Council : It is enacted, woubtn hh to 
 that in all such cases the said Council shall have power and l;ouiicii*t() 
 authority to grant mortgages (^hypotheques^, on the property tiipcn rcmovj'ij. 
 so purchased or taken, to the person or persons from whom 
 such j)roj)erty may have been heretofore, or shall hereafter 
 be purchased or taken, or to any other person or persons 
 having a right to receive or accept the same, for the price or 
 purcliase-monoy thereof, or any part thereof, remaining un- 
 paid and owing, in the like maimer as any individual pur- 
 chaser of the said property might or could have done, or may 
 or can hereaiter do. . • 
 
118 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Certain powora 
 conforrod on 
 Siiperintondcnt 
 of Police. 
 
 Certain suits 
 formerly 
 brought hy 
 Hovenuo fii- 
 upectors mav 
 be brouglit "by 
 Policemen, and 
 ill Itecordcr's 
 Court. 
 
 JndgmentB of 
 Kecorder'R 
 Court may be 
 n'ginteren 
 Huminarily. 
 
 51. All the powers conferred by th« sixty-eighth section 
 of the said Act, fourteenth and fifteenth Victoria, chapter 
 one hundred and twenty-eight, upon Justices of the Peace 
 residing in the City and Town of Montreal, relative to the pro- 
 ceedings to be adopted in case of expropriation, are hereby 
 granted to and conferred upon the Inspector and Super- 
 intendent of Police for the said City of Montreal ; and the 
 said Superintendent of Police shall, on presentation of a 
 petition for the purpose, and in the manner specified in 
 the said section, adopt the proceedings which Justices of 
 the Peace are required, in and by the said section, to adopt 
 in such cases. 
 
 52. All suits, actions or prosecutions that could, before 
 the passing of this Act, be brought and commenced in the 
 name of one of the Revenue Inspectors, in virtue of the forty- 
 secoad section of the Act fourteenth and fifteenth Victoria, 
 chapter one hundred, may hereafter be brought and com- 
 menced before the Recorder's Court in the name of the said 
 Corporation or of any member of the Police Force of the said 
 city, provided they are brought for offences committed within 
 the limits of the said city ; and all and every the provisions 
 of the said last cited Act in regard to said offences and the 
 mode of prosecuting and punishing therefor, and all the 
 proceedings, orders and convictions authorized and com- 
 manded to be made in and by the said Act, shall be incor- 
 porated with this Act, with such modifications as are necessary 
 for their application to the said Recorder's Court. 
 
 53. Notwithstanding any thing to the contrary contained 
 in the Acts fourteenth and fifteenth Victoria, chapter one 
 hundred and twenty-eight, and eighteenth Victoria, chapter 
 one hundred and sixty-two, it shall not be necessary hereafter 
 to enregister at length the proceedings and judgments of the 
 Recorder's Court in cases respecting the recovery of assess- 
 ments, taxes and other duos of tlrc like nature, but such pro- 
 ceedings and judgments shall bo enregistered summarily ; 
 and it shall not bo necessary, in any summons or action 
 before the Recorder's Court, to specify or recite the By-law 
 under which such action is brought, but it shall be sufficient 
 to state that it is in virtue of the By-law in that behalf made. 
 
CITY CHARTER AND OTHER ACTS. 
 
 119 
 
 54. The forty-fifth section of the Act, fourteenth and fif- 8wt.45of u, 
 teenth Victoria, chapter one hundred and twenty-eight, is amoiiued. ' 
 hereby amended so that the word " February," wherever it 
 
 occurs in the said section, shall be replaced by the word 
 " April." 
 
 55. All the provisions of any law inconsistent with the contrary 
 provisions of this Act, shall be and the same are hereby re- 
 pealed. 
 
 56. Nothing herein contained shall be construed to repeal Act not tore- 
 any By-law heretofore made under any Act or part of an law. 
 
 Act or provision of law hereby repealed ; and notwithstand- 
 ing such repeal every such By-law now in force shall have 
 the same force and effect as if this Act had not been passed 
 unless and until the same be repealed or altered by virtue of 
 this Act. 
 
 57. This Act shall be deemed a Public Act. ruwicAct. 
 
 (ntaincd 
 ;er one 
 chapter 
 ereafter 
 of the 
 assess- 
 ch pro- 
 marily ; 
 action 
 By-law 
 ufficient 
 f made. 
 
 [By the 9ii;xth section of the Act 24 Vic, Cap. 68, passed riipcifyny- 
 on the 18th May, 1861, it is enacted, That notwithstanding rPHtrictHm 
 
 .,., . . ,/-. n 1>"W*"*H of Hie 
 
 any thmg contamed m the Acts mcorporatmg the City of "mbour com 
 
 __•' f ,. , T. , n 1 ^ mlsHioncrg. 
 
 Montreal, or amendnig the same, no By-law of the Corpora- 
 tion of the said city shall restrict or affect in any manner the 
 exercise of the powers conferred upon the Harbour Com- 
 missioners of Montreal, under the various Acts relating to 
 the said Harbour.] 
 
120 
 
 CITY CHARTER AND OTHER ACTS. 
 
 (7 Victoria, Cap. 44.) 
 
 An Act to authorize the Mayor, Aldermen and 
 Citizens of Montreal to purchase, acquire 
 and hold the property now known as the 
 Montreal Water Works. 
 
 {Assented to 9th December, 1843.) 
 
 Proambio. TirHERE AS the Corporation of the Mayor, Aldermen and 
 IT Citizens of the City of Montreal, incorporated by law, 
 ■ have, by their humble petition, addressed to the several 
 branches of the Legislature, represented their having nego- 
 ciated with " the Proprietors of the Montreal Water Works," 
 incorporated by the Act of the Legislature of the late Pro- 
 vince of Lower Canada, passed in the forty-first year of the 
 Reign of His late Majesty King George the Third, for the 
 purchase of the said Water Works, including the whole of 
 the property, movable and immovable, connected therewith, 
 and have concluded an agreement with the said proprietors 
 for the purchase thereof, for the sum of Fifty Thousand 
 Pounds, currency, payable in Debentures or Corporation 
 Bonds, redeemable on or before the first day of November, 
 one thousand eight hundred and sixty-eight, and bearing 
 interest payable semi-annually at the rate of six per cent, 
 per annum ; And Avhereas the said Corporation have not 
 funds at their disposal, or which they are now empowere'l 
 by law to raise, sufficient to effect the said purchase, unless 
 they suspend all the public works and improvements now 
 requisite in the said city; And whereas under the ; ;'wi- 
 eions of the Ordinance of the Governor and Special lyuancil 
 of the late Province of Lower Canada, incorporating the said 
 Mayor, Aldermen and Citizens, it is enacted that it shall not 
 be lawful for the Council of the said City of Montreal to 
 borrow, on the credit of the said city at one time, any sum 
 
CITY CHARTER AND OTHER ACTS. 
 
 121 
 
 or sums of money exceeding the aggregate amount of the 
 revenue of the said city for five years, and that no sum or 
 sums of money shall be so borrowed, while the said city 
 shall be in debt to such aggregate amount, unless the said 
 Council shall be authorized in this behalf by an Act of the 
 Legislature of this Province ; And whereas the said intended 
 purchase will be greatly profitable to the city and highly 
 beneficial to its inhabitants by enabling them to obtain a 
 plentiful supply of pure and wholesome water at greatly 
 reduced rates from those at present exacted by the said 
 " Proprietors of the Montreal Water Works ;" And whereas 
 it is expedient to grant the prayer of the said Corporation 
 as aforesaid, for authority to complete the said intended pur- 
 chase on the terms in their said petition and hereinafter spe- 
 cially set forth ; Be it therefore enacted by the Queen*s 
 Most Excellent Majesty, by and with the advice and con- 
 sent of the Legislative Council and the Legislative Assembly 
 of the Province of Canada, constituted and assembled by 
 virtue of and under the authority of an Act passed in the 
 Parliament of the United Kingdom of Great Britain and 
 Ireland, intituled. An Act to re-unite the Provinces of Upper 
 and Lower Canada and for the Qovernment of Canada, and 
 it is hereby enacted by the authority of the same, that it shall 
 and may be lawful for the said Corporation of the Mayor, 
 Aldei'men and Citizens of the said City of Montreal, on or 
 after the first day of January next, provided due notice be 
 given by the Council of the said city at least ten days prior 
 to the now next annual election that the final purchase of the 
 said Water Works will be a question to bo decided by the 
 City Council, one month subsequent to the said annual 
 election, if they shall then deem it expedient, to make and 
 perfect the purchase from " the Proprietors of the Montreal 
 Water Works " or their representatives, incorporated under 
 an Act of the Parliament of the late Province of Lower Ca- 
 nada, passed in the forty-first year of the Reign of His late 
 Majesty King George the Third, intituled. An Act for sup- 
 plying the City of Montreal, and the parts thereunto <(\ja- 
 centtwith TFafer, of all such buildings, houses, sheds, cn^j^incs. 
 
 ThoCorporation 
 of the City of 
 Moiitioiil, after 
 certuiii notice, 
 authorized to 
 ninl<e tlio pur- 
 chase of " the 
 Montrcul Wator 
 Works" fioni 
 the proprietors 
 thereof, incor- 
 porated by Act 
 41 Ueorgo III, 
 c. 10, witli all 
 the movable anrt 
 immovable pro- 
 nerty thereunto 
 belonging, and 
 all riehts, au- 
 thorities, and 
 privilegea now 
 enjoyed by tlio 
 said proprie- 
 tors, for the 
 sum of .£60,000 
 currency. 
 
122 
 
 CITY CHARTER AND OTUBR ACTS. 
 
 water houses, reservoirs, resorvatorics, water wheels, fire 
 engines, machinery, working gears, cisterns, ponds, basins of 
 water, main pipes, rider pipes, stand pipes, service pipes, 
 conduct pipes, branches of iron, lead or other metal, plugs, 
 cocks, chambers, cocks in common, stop-cocks, stop-backs, 
 valves, fire plugs, air plugs, fire-cocks, boxes, forcing mains, 
 ferrils, feeders, campirs, drains, pumps, sluices and other 
 works, devices or things ; and generally all movable or 
 immovable property connected with or belonging to the said 
 Montreal Water Works, situated, lying, or being within the 
 said City of Montreal or in the vicinity thereof, or requisite 
 and necessary for the support and maintenance of the said 
 Water Works, as also all lead, leaden and other pipes, brass 
 cocks, fuel, tools and materials of every description, now 
 possessed by the said " Proprietors of the Montreal Water 
 Works," or appertaining to the establishment thereof, or 
 that may have been ordereil for the use of the said Water 
 Works and not yet in their possession, together with all 
 rights, privileges, powers and authority heretofore or now 
 vested in or possessed by the said " Proprietors of the Mon- 
 treal Water Works," under the Act aforesaid, at and for a 
 sum, price or purchase money not exceeding Fifty Thousand 
 Pounds, current money of this Province, to be payable in the 
 manner hereinafter mentioned. 
 
 2. And be it enacted. That from and after the completion 
 of the intended purchase, sale, transfer and conveyance as 
 aforesaid, by and to the Corporation first above mentioned, 
 all the powers, privileges and authority given and conferred 
 upon, or possessed or enjoyed by the said " Proprietors of the 
 Montreal Water Works," and all the propei*ty and possession 
 of the said Water Works, in and by virtue of the said Act 
 of the Parliament of the late Province of Lower Canada, 
 incorporating the same, or in and by virtue of any other Act 
 or Acts whatsoever relating to the same, shall be transferred, 
 conveyed, made over to and conferred upon, possessed and 
 enjoyed by the said Corporation first above mentioned in as 
 full and effectual a manner as if the same Avere herein more 
 specifically detailed, and all the powers, rights, title, interest, 
 
 Aftor giich pur- 
 cha8c, all the 
 powers, prlvile- 
 
 ?:o8, rights, tl- 
 lo8, and inter- 
 est to tho mov- 
 able and im- 
 movablo pro- 
 perty connect- 
 ed witli tlio 
 Montreal Water 
 Works, and Tor 
 supplying tho 
 city witit water, 
 to be transferred 
 to and vested in 
 the said Corpo- 
 ration. 
 
CITY ClIAUTEtt AND OTHER ACTS. 
 
 128 
 
 fire 
 
 privileges or claim, of the said " Proprietors of the Montreal 
 Works," to, in, or upon all or any part of the said movable 
 and immovable property, or for supplying the said ^ity or 
 the parts thereunto adjacent, with good and wholesome water, 
 and all powers and authority heretofore and now possessed, 
 enjoyed or claimed by them for that purpose, shall from 
 thenceforth be vested in and belong to the Corporation, first 
 above mentioned, and shall be managed by the Council of 
 the said city as other property of the said Corporation, sub- 
 ject always to the provisions of this Act. 
 
 3. And be it enacted. That it shall and may be lawful for tiio corpora- 
 the said Corporation of the Mayor, Aldermen and Citizens prove, aiLr, o'r 
 of the City of Montreal, after effecting the intended purchase wat«r workn, 
 as aforesaid, by any By-law to bo hereafter passed in the iiitfonar r«ai tw. 
 manner provided by the said Ordinance incorporating the <)i>J«'ot, or dia- 
 
 Til- #.1.1. 1 1 1 POBOofthatiiow 
 
 Inhabitants of the said city or by any Act that may here- "X *•'""» «"J">:- 
 
 •'•'•' •' od or poBiuwMxi. 
 
 after bo passed for the same purpose, and they are hereby 
 authorized and empowered to improve, alter or remove the 
 said Water Works, or any part or parts thereof, and to 
 change the site of the several engines and place or sources 
 of supply thereof, and also by themselves, their Agents, 
 Deputies, Officers, Workmen, Servants or Assistants, from 
 time to time to erect, construct, repair, and maintain any 
 where Avithin twelve miles from the nearest limits of the said 
 city, all such buildings, houses, sheds, engines, water houses, 
 reservoirs, reservatories, water sheds, fire engines, machinery, 
 working gears, cisterns, ponds and basins of water, and the 
 other works, devices and things horeuibefore recited in such 
 manner and of such construction as they shall think neces- 
 sary, proper or expedient for forcing, conveying and con- , 
 ducting, into and throughout the whole of the said city and 
 the parts thereunto adjacent, or conducive to the existence, 
 improvement or continuance of the said Water Works ; and 
 for effecting the foregoing or any other purpose or pur|)08es 
 connected with the said Water Works, it shall and may be 
 lawful for the said Corporation, and they are hereby autho- 
 rized and empowered to purchase, hold and acquire any 
 lands, tenements and immovable estate, servitudes, usufruits. 
 
124 
 
 CITY CHARTER AND OTHER ACTS. 
 
 hereditaments, or other real property of any deacription, 
 within the said City of Montreal or in the vicinity thereof, 
 not distant more than twelve miles from the hmits of the said 
 city, which shall or may be necessary for the said Water 
 Works, or for improving, altering, enlarging or extending 
 the same ; saving nevertheless to the Seignior or Seigniors 
 within whose censive the said lands, tenements, immovable 
 estate, hereditaments or other real property as aforesaid, go 
 purchased, may be situate, his or their several and respec- 
 tive rights that may become legally due upon the commuta- 
 tion of the tenure of such lands and tenements, which com- 
 mutation it shall be the duty of the said Corporation to effect 
 with the least possible delay, and also to sell and dispose? of 
 any lands, tenements or immovable estate now possessed Ly 
 the said Mayor, Aldermen and Citizens as aforesaid, or that 
 may be hereafter purchased, acquired or possessed by them, 
 if deemed requisite so to do for the purposes of the said 
 Water Works. 
 Corporate bo- 4. And be it enacted. That it shall and may be lawful for 
 other persons, all BodicSj Politic or Corporate or Colleg)i*^o Corporations, 
 sell any real aggregate or sole. Communities, Husbands, Tutors or Guar- 
 by tho Corpora- dians, Curatora, qrev^s de substitution, and all Executors, 
 
 tion under tliis . , . . , ^ "^ , ^, ,„ , , , 
 
 Act, and indoni- AdmmistratorS and other Irustees or persons whatsoever, 
 
 iiiHoil for the ^ ' 
 
 Hilled 
 same 
 
 who are, or shall be seized or possessed of, or interested in, 
 any lands, tenements, immovable estate, servitudes, usufruit 
 and hereditaments, or other real property, within tho said 
 city, or within twelve miles thereof, which may be selected 
 and desired by the said Corporation for the purposes of the 
 said Water Works, after the purchase thereof as aforesaid, 
 not only for and on behalf of themselves, their Heirs and 
 Successors, but also for, and on behalf of, all persons whom 
 they represent, or for whom, or in trust for whom, they 
 are, or shall be seized, possessed or interested as aforesaid, 
 whether Minors or issue unborn, Lunatics, Idiots, Femes 
 Covert, or other person or persons, to contract for, bargain, 
 sell and convey such lands, tenements, immovable estate, 
 servitudes, usufruit and hereditaments or other real property, 
 and such contracts, sales, agreements, assurances and con- 
 
CITY CUARTER AND OTHER ACTS. 
 
 125 
 
 Corporntloii 
 may take and 
 enter upon any 
 Innd, b<>in(; pri- 
 vnto priiperty 
 rei|uiruil for tlio 
 pni posos (if tlii!< 
 Act, ufter pny- 
 nit>nt or teiiilor 
 of the vuluo 
 tlit'icof. 
 
 veyances so to be made, shall be valid and effectual in law, 
 to all intents and purposes whatsoever, any law, statute, usage 
 or custom to the contrary, notwithstanding ; and all Bodies 
 Politic, Corporate or Collegiate, Communities, Corporations 
 and persons w^hatsoever, so contracting, selling or conveying 
 as aforesaid, are hereby indemnified for, and in respect of 
 any such sale, which he, she, or they shall respectively make, 
 by virtue of, or in pursuance of this Act ; securing always 
 the rights of any person or party, to the whole, or any part 
 of the purchase money, to be paid by the said Corporation, 
 for any real property purchased, as aforesaid. 
 
 5. And be it enacted, That the said Corporation shall 
 have full power, notwithstanding any law to the contrary, to 
 take and enter into, after paying, tendering or depositing 
 the value thereof, such land, ground, or real property of 
 any description lying within the said city or within twelve 
 miles of the limits thereof, not belonging to the Crown 
 or vested in any officer, person or body for the public uses 
 of the Province as may be necessary for enabling the said 
 Corporation to carry this Act fully into effijct, according to 
 the true intent and meaning thereof, in the same maimer^ 
 and under the same provisions, limitations and conditions, as 
 if such land, ground, or real property lay within the City of 
 Montreal, and were required for opening a new street or 
 for any other purpose for which the said Corporation may 
 lawfully take and enter into land, ground, or real property 
 within the said city after paying, tendering or depositing 
 the value thereof ; and it shall be lawful for the Governor 
 or person administering the Government, in Council, if he 
 shall deem it expedient, and on such terms and conditions 
 as to him shall seem meet, to grant or lease to the said Cor- 
 poration such portion of the Beach or Ground covered by 
 the Waters of the River Saint Lawrence or other river, or 
 of any other lands of the Crown, or such right or privilege 
 of using the steam or water of any such river, as may be 
 necessary to enable the said Corporation, more fully to carry 
 this Act into effect ; any Act or law to the contrary notwith- 
 standing. '.-- 
 
 (Jovcrnor in 
 (.'onncil may 
 Rrant or \ca>o 
 to tlic Corpora- 
 tion any lioacli 
 lotH, or Crown 
 landf, or rinM 
 of usinff water 
 of any stream. 
 
126 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Tlio Corpora- 
 tion authorized 
 to open streets 
 and erect worlcs 
 for conducting 
 tlio wator. 
 
 Corporation not 
 to maico use of 
 private proper- 
 ty witliout con- 
 sent of tlie own- 
 
 Grounds open- 
 ed for the lay- 
 ing of pipes, 
 and trenches to 
 be tilled, and 
 the pavements 
 made good. 
 
 6. And be it enacted, That it shall be lawful for the said 
 Corporation, and their Agents, Deputies, Officers, Workmen, 
 Servants and Assistants, to dig, break up, and remove the 
 soil, posts, sewers, drains, pavements and gravelled ways, of 
 any of the public highways, roads, streets, squares, hills, 
 market-places, lanes, open areas, alleys, yards, courts, waste 
 grounds, footways, quays, bridges, gates, gateways, closes, 
 ditches, walls, precincts and other passages and places within 
 the said city, and within twelve miles of the limits thereof, 
 doing no unnecessary damage in the premises, and to enter 
 into, and make use of, any private lands or grounds, within 
 the said city and within twelve miles of the nearest part 
 thereof, and to dig and sink branches, and lay and drive 
 pipes, and put, fix and establish stop-cocks, fire plugs, air- 
 cocks and branches from such pipes, and to widen common 
 passages, for the laying and fixing such pipes, and all such 
 matters and things as aforesaid, in such places and in such 
 manner, as they shall judge necessary, for conveying the 
 water to the respective houses, offices and other tenements 
 of the said inhabitants of the said city, and the parts there- 
 unto adjacent, and from time to time, as occasion may 
 require, to alter the position of, and to repair, relay and 
 maintain such pipes, stop-cocks, plugs, machinery, conduct- 
 pipes, devices, matters and works aforesaid, and to do and 
 perform all such other Acts, as shall from time to time be 
 necessary or proper, for completing, amending, repairing, 
 improving, and using the works already made or provided, 
 or to be made, done or provided, for the purposes aforesaid : 
 Provided always, that it shall not be lawful for the said Cor- 
 poration, or any person acting under their authority, to enter 
 into and make use of any private lands or grounds within 
 the limits of the said city, and within twelve miles thereof, 
 without the consent of the owner or owners thereof, except 
 after paying, tendering or depositing the value thereof, as 
 hereinbefore provided : And provided also, that the respec- 
 tive persons, who shall open and break up, or cause to be 
 opened, or broken up, any ground, for laying, taking or 
 repairing any pipe, or other work, as aforesaid, by virtue of 
 
CITY CHARTER AND OTHER ACTS. 
 
 127 
 
 this Act, shall, and they are hereby required to take care, 
 as far aa may be, to preserve a free and uninterrupted pas- 
 sage through any street, lane, alley, road, square, public 
 place, highway or < .her places, while the works are in pro- 
 gress, and to cause the trenches to be filled in, and the 
 pavement or ground made in as good a condition as before 
 the commencement of the work, without any unnecessary 
 delay, and the rubbish occasioned thereby to be carried away 
 as soon as reasonably may be, and in the meantime, to cause 
 the place where the ground shall be opened or broken up, 
 as aforesaid, to be fenced or guarded with lamps or with 
 watchmen during the night, so that the same may not be 
 dangerous to passengers, upon pain of forfeiting for every 
 neglect, to any person suing for the same, in a summary 
 manner before any Justice of the Peace for the District, on 
 the oath of one credible witness other than the party suing, 
 a sum not exceeding five pounds, current money of this Pro- 
 vince, over and above all such damages, as may be recovered 
 against the said Corporation in any civil action. 
 
 7. And be it enacted. That where there are buildings wiien buildings 
 within the said city, or the parts adjacent thereto, the dif- diffoiontpropif. 
 
 „ • , « 1 11 1 7 !•«• • ctors or tenants, 
 
 lerent parts whereoi shall belong to dmerent propnetors, or iiow tiic corpo. 
 
 r&tioii is to Act 
 
 shall be in possession of different tenants or lessees, the said making oatis; 
 
 '^ ' faction lor all 
 
 Corporation shall have power to carry pipes to any part of damages, 
 any building so situate, passing over the property of one or 
 more proprietors, or in possession of one or more tenants, to 
 convey the water to that of another, or in the possession of 
 another, the pipes being carried up and attached to the out- 
 side of the building, and also to break up and uplift all pas- 
 sages which may be a common servitude to neighbouring 
 proprietors, and to dig and cut trenches therein for the pur- 
 poses of laying down pipes or taking up and repairing the 
 same, the said Corporation doing as little damage as may be 
 in the execution of the powers granted by this Act, and 
 making satisfaction to the owners or proprietors of buildings 
 or other property, for all damages to be by them sustained 
 in or by the execution of all or any of the said powers ; sub- 
 ject to which provisions this Act shall be sufficient to indem- 
 
128 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Water Works so 
 to be Hituatod nB 
 not to (uulaii- 
 cor tins piilWic 
 health or salcty. 
 
 Corporation to 
 bo liable to pros- 
 ecution for pub- 
 lic or private 
 nuisance. 
 
 nify the said Corporation or their servants, or those by them 
 employed, for what they or any of them shall do in pursuance 
 of the powers granted by this Act. 
 
 8. And be it enacted. That the said Corporation shall so 
 maintain or locate their Water Works and all apparatus and 
 appurtenances thereunto belonging and appertaining or there- 
 with connected, and wheresoever situated as in no Aviso to 
 endanger the public health or safety : Provided always, that 
 nothing in this Act contained shall prevent the said Corpo- 
 ration, their Officers, Servants, or Workmen from being pro- 
 secuted for public or private nuisance arising from the said 
 Water Works, or any apparatus or appurtenances thereof, 
 wheresoever situated, or from any neglect or want of skill on 
 the part of the persons employed by the said Corporation, or 
 to prevent the effect of any sentence or judgment lawfully 
 rendered upon any such prosecution. 
 
 9. And be it enacted. That if any person or persons shall 
 lay or cause to bo laid any pipe or main to communicate with 
 any pipe or main belonging to the said Corporation, or in 
 any way obtain or use its water without the consent of the 
 said Corporation, ho or they shall forfeit and pay to the said 
 Corporation the sum of twenty-five pounds current money of 
 this Province ; and also, a further sum of one pound for each 
 day such pipe or aiaiu shall so remain ; which said sum, 
 together with costs of suit in that behalf incurred, may be 
 recovered by civil action in any Court of Law in this Pro- 
 vince, having civil jurisdiction to that amount. 
 
 10. And be it enacted. That in order to preserve the Avatcr 
 now or hereafter to be conveyed into the said city, and the 
 parts thereunto adjacent, clean and wholesome, if any person 
 shall bathe or wash, or cleanse any cloth, wool, leather, skins, 
 animals, or any noisome or offensive thing in any of the re- 
 servoirs, cisterns, ponds, sources or fountains, from which 
 the water to stipply the said City is to be obtained or con- 
 voyed, or cast, throw or put any filth, dirt, dead carcasses, 
 or other noisome or oft'onsivc things therein, or cause, permit, 
 or suffer the water of any sink, sewer or drain to run or be 
 conveyed into the same, or cause any other annoyance to bo 
 
 IVnalty on pro- 
 ciirin;; water 
 without tlie 
 consent of the 
 Cori'oration, 
 tVoni their 
 Water Works. 
 
 I'enalties on 
 iiersons pollut- 
 lug waters in 
 reservoirs. 
 
CITY CIIAUTER AND OTHER ACTS. 
 
 129 
 
 them 
 lancc 
 
 lall 80 
 IS and 
 there- 
 rise to 
 3, that 
 Corpo- 
 
 g pro- 
 lie said 
 hereof, 
 gkill on 
 tion, or 
 awfully 
 
 lus shall 
 ate with 
 n, or in 
 ,t of the 
 
 the said 
 
 loucy of 
 [for each 
 
 Ad sum, 
 may he 
 
 this Tro- 
 
 done to the Avater therein, every such person shall, on con- 
 viction thereof he.fore any Justice of the Peace of the District, 
 on the oath of one credihle witness, he by the said Justice 
 before whom such person shall be tried or convicted, adjudged 
 and condemned to pay a penalty for every such offence, not 
 exceeding five pounds, current money of this Province, one 
 half to be applied to the use of the said Corporation, and the 
 other half to him or her who shall sue for the same ; and in 
 case the party suing for the same shall be the Corporation 
 itself, or any of their Officers or Servants, then the whole of 
 the said penalty shall be applied to the uses of the said Cor- 
 poration, and the said Justice may also in his discretion 
 further condemn such person to be confined in the Common 
 Gaol of the District for a space of time not exceeding one 
 month, 'IS to such Justice may seem meet. 
 
 11. Anu be it enacted. That if any person or persons shall r.maitv on por- 
 wilfuUy or maliciously hinder, obstruct, embarrass oi' interrupt or'injurTiiK* "" 
 the said Corporation, their Agent, or Agents, Officers, Work- woVkB. 
 men. Servants or Assistants, or any of them, in making, 
 erecting, repairing or doing or performing any of the works 
 aforesaid, or in the exercise of any of the powers and authori- 
 ties by this Act granted, or shall break up, pull down, take 
 away, put out of order, destroy, damage, or injure, any 
 engine, water-house, pipe, plug or other works, or any matter, 
 apparatus, device, or thing already made or provided, or 
 which shall be made or provided for the purposes aforesaid, 
 or any of the materials used or provided for the same or or- 
 dered to bo erected, laid down or belonging to the said Cor- * • 
 poration in connexion with the said works, or shall in any 
 wise wilfully do any other injury or damage for the purpose 
 of obstructing, hindering, interrupting or embarrassing the 
 construction, complctioik, maintaining or repairing of the said 
 works, or in any wise cause or procure the same to bo done, 
 every person or pei-sons so offending shall, for every such 
 offence, forfeit and pay to the said Corporation the amount 
 of damages sustained by means of such offence or injury, to 
 bo recovered by the said Corporation, with costs of suit, by 
 
180 
 
 CITY CHARTER AND QTIIER ACTS. 
 
 Corporntion 
 may inak» liy- 
 laws for the re- 
 gulation, llUlill- 
 tiiimiioo, and 
 itrotoclion of 
 \\w Watoi- 
 WorkH. 
 
 Corporation to 
 have no powor 
 to enact iiny 
 liy-law lni|u)H- 
 iiiK any Ruuoral 
 water rent or 
 tax.nntl toconi- 
 iH'lleuiints,&c., 
 to take tlie wa- 
 ter. 
 
 action of debt before any competent Court or Tribunal within 
 this Province. 
 
 12. And be it enacted, That it shall and may be lawful for 
 the said Corporation as aforesaid, and they are hereby au- 
 thorized and empowered to make such By-laws as to them 
 shall seem requisite and necessary, for prohibiting, by fine 
 not exceeding five pounds, currency, or imprisonment not 
 exceeding one month, any person being occupant, tenant, or 
 inmate of any house, supplied with water from the said Water 
 Works, from vending, selling, or disposhig of the said water, 
 from giving it away, or permitting it to bo so taken or carried 
 away, or from using or applying it to the use or benefit of 
 others, or to any other than to his, her or their own use or 
 benefit, or increasing the supply of water agreed for with the 
 said Corporation, or wrongfully, negligently or improperly 
 wasting the water, for regulating the time, manner, extent 
 and nature of the supply of water to be provided and supplied 
 by the said Works, the tenement or parties to which and 
 whom the same shall bo furnished, the price or prices to be 
 exacted therefor, the time and mode and circumstances of 
 payment therefiir, and each and every other matter or thing, 
 relating to or connected therewith, which it may be necessary 
 or pniper to direct, regulate or determine for issuing to the 
 inhabitants of the said city, a continued and abundant supply 
 of pure and wholesome water, and to prevent the practising 
 of frauds upon the said Corporation with regard to the water 
 so to be supplied. 
 
 13. And be it enacted, That nothing in this Act contained 
 shall extend or be . construed to extend to confer upon the 
 said Corporation any additional right of assessment beyond 
 that now by them enjoyed, or of enforcing any general water 
 rent or tax, or to permit the said Corporation by any By-law 
 or other Municipal regulation hereafter to be determined 
 upon by the said Corporation, in reference to the said Water 
 Works, to subject any proprietor, householder or other person 
 Or persons to any general water rent or tax, unless ho or they 
 be actually supplied with water, or to compel any such pro- 
 prietor, householder or other jwrson or persons to roeeive 
 
CITY CHARTER AND OTHER ACTS. 
 
 181 
 
 tlio said water, or the conduits thereof, into his or their 
 premises. 
 
 14. And ho it enacted. That for the purpose of effecting 
 the purchase of the said Water Works, as aforesaid, if it 
 shall then ho deemed expedient hy the said Corporation, it 
 shall and may he lawful for the said Corporation, on or after 
 the completion of the purchase oi the said Water Works, to 
 issue under the hand of the Mayor, and the seal of the said 
 Corjwration, debentures or Corporation honds, to the amount 
 of fifty thousand pounds, current money aforesaid, payable 
 on or before the first day of November, in the year of Our 
 Lord, one thousand eight hundred and sixty-eight, and 
 bearing interest, payable semi-annually, on the first days of 
 May and November, in each and every year, and at a rate 
 not exceedhig six per centum per annum. 
 
 15. And be it enacted. That all the revenues arising from 
 or out of the supplying of water, or from the property, 
 movable or immovable, connected witli the said Water 
 Works, to be acquired by the said Corporation under this 
 Act, shall, after providing for the interest accruing on the 
 debentures or Corporation ')ond8 issued by the said Corpo- 
 ration in pursuance of this Act, and the expenses attendant 
 uj)on the maintenance of the said Water Works, be applied 
 towards the immediate extinction of the principal of the debt 
 incurred in the purchase thereof; and the said Corporation is 
 hereby strictly prohibited and enjoined from applying any 
 surplus revenue arising from the Water Works to any other 
 purpose whatsoever, until the whole of the said debt and 
 interest shall have been fully and completely discharged and 
 extinguished, after which such surplus revenue shall make 
 part of the general funds of the Corporation, and may bo 
 apjilied accordingly. 
 
 10. And be it enacted. That receipts for any interest due 
 on all debentures or Corporation bonds that shall lawfully 
 be issued by the authority of this Act, and which shall from 
 time to time remain undischarged and uncancelled, as well 
 us such debentures or Corporation bonds themselves, shall 
 and may, ailer the period therein ap)K)inted for the payment 
 
 C^orporation nil. 
 thorliiodtuiHHiii^ 
 (lolioiituruH or 
 hoiidH t() tlui 
 amount of -C5()- 
 (KK), r(Mloi)inal)l(> 
 on or Ixit'oio IhI 
 November, iWlH, 
 with iiitei't'Ht 
 Homl-annuully. 
 
 Itovoniit'H arlM- 
 inu from tlitt 
 Wntf-r VVorkH <o 
 l>« n)i|ilii'(l to 
 tlio iiuymcht of 
 tli(t |irin(;i|>ul 
 nnd hiteriwt of 
 |)iircliuMuui(l to 
 no other piir- 
 poHe until the 
 Humu lit puid utf. 
 
 DelienlureM or 
 the interest 
 thiM'eon muv he 
 iiiild to the I'Uy 
 TreitNurer In 
 piivmcnt of uny 
 deht dun tlie 
 olty. 
 
132 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Iiitorost not to 
 run on dobon- 
 tiirvK wliou in 
 tlio hands of tho 
 ritv Trensurcr. 
 
 IVrsonH paying 
 di>lH>ntHrt>» to 
 ("Hy 'rruBsiin'r 
 to (MidorKU tlio 
 tinjo of piiy- 
 niont. 
 
 of either thereof, bo received and taken, by the 'J'roasnror of 
 the said city, from any person making payment to him upon 
 any account or for any cause whatever, on account of the 
 said city, and that the same shall be deemed and taken as 
 money, and as such shall bo charged against, and credited 
 to, such 'treasurer aforesaid in his accounts with tlie said 
 City : Provided always, that no interest shall run or be paid 
 upon or for any such debenture during the time such de- 
 benture or Corporation bond so paid shall remain in the 
 hands of the Treasurer as aforesaid, but for such time the 
 interest on every such debenture or Corporation bond shall 
 cease. 
 
 17. And be it enacted, That the person or persons who 
 shall pay any such debenture or Corporation bond so bearing 
 interi K<t, to the City Treasurer aforesaid, shall, at the time of 
 making such payment, put his, or her, or their name or names, 
 and write thereupon in words at length, the day of the month 
 and year in which ho, she or they so paid such debenture 
 or Corporation bond, bearing interest ; all which the said 
 City Treasurer shall take care to see done and perform 
 accordingly ; and to the day so ascertained, the said City 
 Treasurer shall be allowed the interest which he shall have 
 paid or allowed upon such debenture or Corporation bond hi 
 his accounts with the said city. 
 
 18. And be it enacted, That if any person or persons shall 
 forge, alter or counterfeit any such debenture or Corporation 
 bond which shall be issued under the authority of this Act, 
 and remaining uncancelled, or any stamp, endorsement or 
 writing therein or thereon, or tender in payment any such 
 forged, altered or counterfeit dcbenttiro or Corporati<m bond, 
 or any debenture or Corporation bond with such <"^'.nterteit 
 endorsement or writing thereon or therein, or shall demand 
 to have such altered or counterfeit debenture or Corporation 
 bond or any debenture or Cor[)oration bond, with such 
 altered or counterfeit endorsement or writing thereon or 
 therein, exchanged for ready money by any person or |)cr- 
 sons who shall be obliged or ro<piired to exchange the same, 
 or by any other person or persons whomsoever knowing the 
 
 runislimont on 
 IMtnonH forffiuff, 
 altorhifr or \*»u- 
 ing foi'ffod or 
 countorlt'lt do- 
 bonture*. 
 
CITY CITAHTRn AND OTIIKR ACTS. 
 
 1B« 
 
 <lol)onturo or Corporation bond, m tondorcd in payment or 
 (loniandod to bo oxcbanj^od, or tho ondorHoininit or writing 
 thoroon or thoroin, to bo tor^cul an<l count(M't(nit, and witb 
 intent to deiVatid tho said city, or tlio ])erHo»i appointed to 
 pay oft* tho sanio, or any of thoni, or any other pcrHon or 
 l)errtons, bodies politic or corporate, tlien every such [xn'Mon 
 or permms ho offlMulin;^, beinj; thereof convicted, Hhall be ad- 
 Jadj^e<l a fphm, and shall bo liable, at the discretion of the 
 Court before which he, she or they may be tried, to be con- 
 Hned at hard laboiil* in the Provincial I'onitentiary, for any 
 period not loss than three years, or to be imprisoned iti any 
 otluu* Prison or place of confinement for any period not ex- 
 ceeding two years. 
 
 11>. And bo it enacted, That it shall be tho duty of the cny rnnHincr 
 City Treasurer aforesaid, whenever calhMl upon to pay or jmynI."i"t''or in- 
 allow tho interest upon any of the debentures or ( Corporation (um. 
 bonds issued under the authority of this Act, to take care; 
 to have the same en(h)rsed on such dobcnture or ( Corporation 
 bond at tho time of payment thereof, oxpnisslng tho period 
 up to which the said interest shall have been so paid. . ' 
 
 20. And bo it enacted. That at any time afttu* th(» de- <oiiiomiion iiy 
 
 /-I L- I ^ i> xi i^i i^ I II I nolIcK to ciill III 
 
 bcntures or Corporation bonds, or any ot them that shall he (i«'iM<ii(iiii'H<tv(r 
 
 issued under tho authority ot this Act, shall resi)ectivoly "••• <" xt.ii. >,» 
 
 , 1 . . 1 11 1 '''••"•"••ii''" •Mill- 
 
 become duo accordui'? to tho terms thoreot, it shall and '"' '"' "H'r hIx 
 
 " _ _ iiiiiiilliH hIiiiII 
 
 may bo lawful for the Corporation aforesaid, if tiny shall ••uvufxiiin'ti. 
 think proper so to do, to direct a notice to be inserted 
 in two or more of tho Newspapers jiublishcd in the said 
 city, in tho Kn;^lish and French liin;;ua;^('s, r(M(uiriiig 
 all holders of the said debentures or Corporation bonds to 
 present tho same for i)aym(!nt, accordinjj; to tho conditions • 
 
 thereof; and if after the insertion of such notices for thnto 
 months, any debentures or (Corporation bonds thciii payablo 
 shall remain out more than six months from tho first publi- 
 cation of such notice, all interest on such debentures or 
 Corporation bonds, after tho exi)iration of the said six months, 
 shall ceaso and bo no further payable in n^sjtect of the time 
 which may elapse between the expiration of the said six 
 months, and their presentment for payment. 
 
184 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Corporation 
 may call in do- 
 bcnturcs boforo 
 thoy are niado 
 nnyablo, and af- 
 ter six montlis' 
 notice all inter- 
 oat thereon to 
 bo stopped. 
 
 Corporation 
 not to bo pre- 
 vented IVom 
 borrowing mo- 
 ney for the gen- 
 eral purposes of 
 tliecity.ashere- 
 tofon>. 
 
 Particnlarstatc- 
 ments of the re- 
 venue and ex- 
 penditure of the 
 . VValerWorksto 
 " be kept and an- 
 nually publish- 
 ed. 
 
 21 . And be it enacted, That whenever it shall be deemed 
 expedient by tfie said Corporation to redeem the said de- 
 bentures or Corporation bonds, or any of them, at any time 
 prior to the date at which the same may be made payable, 
 with a view to diminish the debt to be contracted in the 
 purchase of the said Water Works, it shall and may bo law- 
 ful for the said Corporation to direct a notice to be inserted 
 in all the newspapers published in the said City of Montreal, 
 requiring all holders of the said debentures or Corporation 
 bonds to present the same for payment; and if after the 
 insertion of such notice for three months, any debentures or 
 Corporation bonds, then issued, shall remain out more than 
 six months after the first publication of such notice, all inter- 
 est on such debentures or Corporation bonds, after the 
 expiration of the said six months, shall cease and be no 
 further payable in respect of the time which may elapse 
 between the expiration of the said six months, and their pre- 
 sentment for payment. 
 
 22. And be it enacted. That nothing in this Act contained 
 shall extend or be construed to extend to diminish the power 
 and authority of the Corporation, aforesaid, hereafter to 
 borrow on the credit of the said city, for the general uses 
 and purposes of the said city, as fully and effectually as 
 though the said city were not indebted for the purchase of 
 the Water Works as aforesaid, or that debentures or Cor- 
 poration bonds had not been issued by them for the amount 
 or purchase thereof, or as if this Act had not been passed, 
 any Act, Statute or Law or provision thereof to the contrary 
 notwithstanding. 
 
 23. And be it enacted. That the said Corporation shall 
 be, and they are hereby required to keep or cause to be 
 kept separate books and accounts of the receipts and dis- 
 bursements for and on account of the said Water Works, 
 distinct from the books and accounts relating to the other 
 property, funds or assets belonging to the said city, and 
 shall annually, on or after the first day of January in each 
 and every year, cause a statement of the affairs of the said 
 Water Works to be published in two or more of the News- 
 
CITY CHARTER AND OTHER ACTS. 
 
 136 
 
 . shall 
 to be 
 nd dis- 
 Works, 
 other 
 ty, and 
 in each 
 he said 
 News- 
 
 papers of the said city, in the English and French languages, 
 wherein shall be stated, the amount of the rents, issues and 
 profits, arising from the said Works, the number of tenants 
 supplied with water, the extent and value of the movable 
 and immovable property thereunto belonging, the amount 
 of debentures or Corporation bonds then issued and remain- 
 ing unredeemed and uncancelled, and the interest paid 
 thereon, or yjet due and unpaid : the expenses of collection 
 and management, and all other contingencies, salaries of 
 oflScers and servants, the cost of repairs, improvements and 
 alterations, the prices paid for the acquisition of any real 
 estate that may be required for the use of the said Water 
 Works, as also the value received for any real estate that 
 may be sold and disposed of by the said Corporation, and 
 generally such a statement of the revenue and expenditure 
 of the said Water Works as will at all times afford to the 
 Citizens of the said City of Montreal, a full and cemplete 
 knowledge of the state of the affairs of the said Montreal 
 Water Works. 
 
 24. And be it enacted. That nothing in this Act contained Act not to prc- 
 shall extend or be construed to ex.ond to prevent any person Water woik.s. 
 or persons. Body Corporate, Politic or Collegiate, from con- Legislature, 
 structing any Works for the supply of water to his or their 
 
 own premises, or to prevent the Legislature of the Province 
 at any time hereafter, from altering, modifying or repealing 
 the powers, privileges or authorities hereinbefore granted to 
 or obtained by the said Corporation. 
 
 25. And be it enacted, That nothing herein contained itigiitH of tiic 
 shall affect or be construed to affect, in any manner or way saved. ' 
 whatsoever, the rights of Her Majesty, Her Heirs or Suc- 
 cessors, or of any person or persons, or of any Bodies Politic 
 
 or Corporate, except such only as are herein mentioned. 
 
 20. And be it enacted, That if any action or suit shall be Limitation of 
 brought against any person or persons for any thing done in 
 pursuance- of this Act, the same shall be brought within six 
 calendar months next after the fact committed, or in case 
 there shall be a continuation of damages, then within six 
 calendar months after the doing or committing such damages. 
 
136 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Cionoral Ishuo 
 and speoini mat- 
 tor in ovidouco. 
 
 shall ccosc, and tlio Defendant or Defendants shall and may 
 plead the general issue and give this Act and the special 
 matter in evidence at any trial to be had thereupon, and that 
 the same was done in pursuance of and under the authority 
 of this Act ; and if it shall appear to have been so done, or 
 if any such action or suit shall be brought after the time 
 before limited for bringing the same, then the judgment 
 shall bo entered for the Defendant or Defendants, or if the 
 Plaintiff or Plaintiffs shall become nonsuit or shall suffer dis- 
 continuance of his or their action or suit, after the Defendant 
 or Defendants shall have appeared, or if a judgment shall 
 be entered against the Plaintiff or Plaintiffs, or if upon ex- 
 ceptions or otherwise, judgment shall be given against the 
 Plaintiff or Plaintiffs, the Defendant or Defendants shall have 
 treble costs, and shall have such remedy for the same, as 
 any Defendant hath for costs of suits in other cases of law. 
 
 27. .And be it enacted. That all the enactments and pro- 
 visions of the Ordinance of the Governor and Special Council, 
 of the late Province of Lower Canada, passed in the fourth 
 year of Her Majesty's Ileign, and intituled. An Ordinatice 
 to incorporate the City and Town of Montreal^ as amended 
 by a certain Ordinance of the Governor and Special Council 
 aforesaid, passed for that purpose, also in the fourth year of 
 Her present Majesty's Reign, and intituled. An Ordinance 
 to amend the Ordinance to incorporate the City and Town of 
 Montreal^ shall, in so. far as they shall not be repugnant to 
 or inconsistent with, the express enactments and evident 
 intent of this Act, extend to, and govern each and every act 
 and thing required or authorized to be performed and done, 
 under the authority of this Act, as if this Act had formed 
 part of the said last mentioned Ordinances, or of either of 
 them. 
 
 28. And be it enacted, That all Acts or Provisions of Law 
 in force in this Province, or in any part thereof, before or up 
 to the time when this Act shall come into force, which shall 
 be inconsistent with, or contradictory to this Act, or which 
 make any provision in any matter provided for by this Act, 
 other than such as is hereby made in such matters, shall, 
 
 Treble costs. 
 
 Ordiiiniices in- 
 cnrporntiiiff the 
 City of Mon- 
 treal, in 80 iUr 
 a« tliey aro not 
 renuKnant to 
 
 tll»8 Act, to flfOV- 
 
 orn any matter 
 riHiuircd under 
 tliiA Act. 
 
 All Act* or pro- 
 visions of law, 
 repugnant to or 
 inconsistent 
 witlitliisAct, to 
 be repealed, ex- 
 cept as to i)n8t 
 transactions. 
 
CITY CHAllTKll AND OTHER ACTf». 
 
 m: 
 
 or 
 
 from and aftor tho timo when this Act shall como into force, 
 bo and they arc hereby repealed, except in so far as may 
 relate to any circumstance, act or thing occurring, done, or 
 effected before tho commencement of this Act, which shall 
 be dealt with, adjudged upon, and determined, as if this Act 
 had not been passed. 
 
 29. And bo it enacted. That this Act shall be and is here- 
 by declared to be a Public Act, and shall as such be judicially 
 taken notice of by all Judges, Justices and other persons in 
 this Province, witliout being specially pleaded. 
 
 To bo <I(>oiiii'() H 
 |)ublio Act. 
 
 of Law 
 
 ire or up 
 
 Ich shall 
 
 \v which 
 
 lis Act, 
 
 3, shall, 
 
138 
 
 CITY CHARTER AND OTHER ACTS. 
 
 rrcamblc. 
 
 I'roviniong 
 v., 0. 44, 
 toiidod. 
 
 (16 Victoria, Cap. 127.) 
 
 An Act to authorize the Mayor, Aldermen, 
 and Citizens of the City of Montreal to bor- 
 row a certain sum of money, and to erect 
 therewith Water Works for the use of the 
 said city, and to extend and amend the 
 provisions of any Act relating thereto. 
 
 (Sanctioned 23rd May, 1853.) 
 
 "^17" HERE AS, the present supply of water for the City 
 If of Montreal, and the mode adopted for supplying the 
 same, have been found to be insufficient ; And whereas it is 
 necessary greatly to increase that, supply ; And whereas the 
 Mayor, Aldermen and Citizens of the said City of Montreal 
 by their Petition have prayed that powers be granted them 
 for that purpose : Be it therefore enacted by the Queen's 
 Most Excellent Majesty, by and with the advice and consent 
 of the Legislative Council and of the Legislative Assembly of 
 the Province of Canada, constituted and assembled by virtue 
 of and under the authority of an Act passed in the Parlia- 
 ment of the United Kingdom of Great Britain and Ireland, 
 and intituled. An Act to re-unite the Provinces of Upper and 
 Lower Canada, and for the Government of Canada, and it 
 of 7 is hereby enacted by the authority of the same, That all and 
 every the powers, privileges and authority of the Corporation 
 of the said City of Montreal under the Act of the Parliament 
 of this Province passed in the seventh year of Her Majesty's 
 reign, and intituled. An Act to authorize the Mayor, Alder- 
 men and Citizens of Montreal to purchase, acquire and hold 
 the property now known as the Montreal Water Works, shall, 
 in so far as the same apply to the construction and extension 
 of Water Works in the City of Montreal and the parts adja- 
 
 ex- 
 
 Cc 
 
CITY CHARTER AND OTHER ACTS. 
 
 189 
 
 men, 
 bor- 
 erect 
 f the 
 i the 
 
 3. 
 
 he City 
 ^ing the 
 ;as it is 
 Teas the 
 Montreal 
 id them 
 [Queen's 
 consent 
 imbly of 
 ky virtue 
 Parlia- 
 I Ireland, 
 )er and 
 , and it 
 all and 
 rporation 
 [rliament 
 [ajesty's 
 ', Alder- 
 ind hold 
 ;«, shall, 
 ixtension 
 Irts adja- 
 
 tu 
 
 m 
 
 cent thereto, be and belong to the said Corporation for the 
 erection and construction of the Water Works constructed 
 or erected, or intended so to be, under this Act ; and all and 
 every the clauses of the said Act shall be held to be a portion 
 of this Act, in every particular thereof not inconsistent with 
 the provisions hereof. 
 
 2. And be it enacted, That for the purpose of establish- corp..i«ti«.ii 
 ing the said Water Works as aforesaid, it shall and may be aU"'7gg"j?*'',io. 
 lawful for the said (Corporation to borrow a sum not exceeding ben<«"'«'''- 
 one hundred and fifty thousand pounds sterling money of 
 Great Britain, before or after the completion of the said 
 Water Works, and to issue under the hand of the Mayor and 
 the seal of the said Corporation, debentures or Corporation 
 bonds, to the said amount of one hundred and fifty thou- 
 sand pounds sterling, aforesaid, payable on or before the 
 first day of November, in the year of our Lord, one thousand 
 eight hundred and seventy-eight, and bearing interest, pay- 
 able semi-annually, on the first days of November and May in 
 each and every year, and at a rate not exceeding six per 
 centum per annum ; and all such debentures may be in any 
 form not inconsistent with this Act, and may have coupons 
 thereunto annexed for the half yearly interest thereon, which 
 coupons being signed by the Mayor or Treasurer of the 
 Corporation, shall be respectively payable to the bearer there- 
 of, when the half yearly interest therein mentioned becomes due , 
 and shall, on payment thereof, be delivered up to the Corpora- 
 tion ; and the possession of any such coupon by the Corporation 
 shall be primd facie evidence that the half year's interest 
 therein mentioned has been pp,id according to the tenor of 
 such debenture ; and all the provisions of this section shall i>ioviMi«tun «u 
 apply as well to the debentures heretofore issued as to those xwcln^vMXyt 
 to be issued after the passing of this Act ; and all such de 
 bentures, and as well the interest as the principal thereof, 
 are and shall be secured on the general funds of the said 
 Corporation, as well as by the special privilege on the Water 
 Works mentioned in the fifteenth section of the Act above 
 cited, which said privileges shall nevertheless only rank in 
 order next after the privilege secured to the holders of bonds 
 
 itucrt. 
 
140 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Deboiitiirus 
 may bo ixtyablu 
 I'ithcr within or 
 without tlio 
 rnniiiop, &c. 
 
 Water Works 
 pledged for the 
 loan contracted 
 under tliis Act. 
 
 ( 'orporatioH 
 may sell exist- 
 ing Water 
 Wtirks. 
 
 issued under the provisions of the said Act, passed in the 
 seventh year of Her Majesty's rei^, or of any Act or pro- 
 vision of law in amendment thereof. 
 
 3. And bo it enacted, That any sums which the said 
 Corporation is empowered to borrow under this Act, may bo 
 borrowed either in this Province or elsewhere, and the prin- 
 cipal sum and interest thereon as aforesaid may bo made 
 payable either in this Province or elsewhere, and either in the 
 currency of Canada, or in that of the place where the same shall 
 be payable ; and generally all the provisions of the Acts now 
 in force as to debentures issued by the said Corporation shall 
 apply to those to be issued under this Act, except only in so 
 far as they may bo inconsistent with this Act. 
 
 4. And be it enacted. That the saicl Water Works to bo 
 erected and constructed under this Act, and also the land to 
 be acquired for the purposes thereof, and every matter and 
 thing therewith connected, shall be and they are hereby spe- 
 cially charged, pledged, mortgajrcd and hypothecated for the 
 repayment of any sum or sums which may be borrowed by 
 the said Corporation for the purposes of this Act, as well 
 as for the due and punctual payment of the interest there- 
 upon ; and all, each and every of the holders of the De- 
 bentures in the last previous section mentioned shall have a 
 concurrent pledge, mortgage, hypothec or privilege on the 
 said Water Works and property appertaining thereto for 
 securing the payment of the said debentures and the interest 
 thereon. 
 
 5. And be it enacted, That the said Corporation shall have 
 power to sell, alienate, lease, and convey all or any paito of 
 the existing Water' Works and property appurtenant thereto 
 or connected therewith, and to let and lease for life or for 
 years, or for any number of years, any water privileges or 
 ground therefor, belonging or appertaining to the said Cor- 
 poration or which may be acquired by the said Corporation 
 for the purposes of the said Water Works, upon such terms 
 and conditions as to the said Corporation may appear just 
 and expedient. 
 
CITY CHARTER AND OTIIQR ACTS. 
 
 341 
 
 G. And 1)0 ifc enacted, That for and notwithstandin<' any iFowcompciiMi. 
 
 1 • 1 . , . , ,,,, , Jlon for iiripiicr- 
 
 ihmrr to the contrary contained in the nith or any otiier sec- ty taken. &<•.. 
 
 L- n , •!* 1. , 1 /.TF h1ih1II)oI1.\<(I1ii 
 
 tion ot tlio said Act passed m the seventh year of licr iiwo oi hoh- 
 Majesty's reif;n, and incorporated with this Act as aforesaid, 
 the price or compensation to be paid hy the said Corporation 
 for or ui respect of any real i)ropcrty to be taken or entered 
 into hy them in pursuance of the said Act or of this Act, not 
 being within the limits of the said city, shall be ascertained, 
 fixed and <lotermined not by a jury, as provided by the sixty- 
 eighth section of the Act passed in the session held in the 
 fourteenth and fifteenth years of Her Majesty's reign, in- 
 tituled. An Aet to amend and consolidate the provisions of i4, isv.c. i2k. 
 the Ordinancj; to incorporate the City and Town of Mon- 
 treal, and of a certain Ordinance and certain Acts amending 
 the same, and to vest certain other powers in the Corporation 
 of the said Cit// of Montreal, but by appraisers to be indift'er- 
 ently chosen, in manner following, to wit, one by the said 
 Corporation, another by the said person or party, and a third 
 or umpire, only in case of difference of opinion between them, 
 by the said two others ; and in case of the person or party 
 neglecting to choose and appoint an appraiser within four 
 days after notice in writing to that effect served upon him by 
 or on behalf of the said Corporation, or in case of the apprai- 
 sers chosen and appointed not agreeing upon the nomination 
 of such third or umpire, an appraiser for such party o; such 
 third shall be appointed by any of the Judges of the Superior 
 Court residing at Montreal ; and the said appraisers and third ji.m). .. in... 
 or umpire shall be sworn before such Judge l)efore their iipprniifei's. 
 operation, which shall be conducted in the manner provided 
 by the law of Lower Canada for, proceedings by experts; 
 and they shall hear ^tny witnesses who may be brought before 
 them in relation to the matter of the said appraisement, the 
 said witnesses first sworn before a Judge or a Commissioner 
 for taking affidavits or before any one of the said appraisers ; 
 and the decision of the said two appraisers if they shall agree, 
 or of any one of the said appraisers and the umpire shall be 
 conclusive, notwithstanding any want or defect of form in 
 their proceedings. 
 
142 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Corporation 
 may extend 
 their works 
 thirty miles 
 trom the city. 
 
 Uridseg to bo 
 built by the 
 Corporation in 
 certain cases. 
 
 < 'orporatiun 
 may purchase 
 ci'i'tulii pro- 
 perty, ^^ith the 
 coMHont of the 
 owncrH. 
 
 Corporation to 
 make I'onccit. 
 
 7. And be it enacted, That the said Corporation shall 
 have power to extend all or any of their works for the said 
 Water Works, to a distance not more than thirty miles from 
 the limits of the City of Montreal : and all and every the 
 provisions of law under the said Act in the first section of this 
 Act mentioned, shall apply to the said extension, save and 
 except as is herein and hereby expressly excepted. 
 
 8. And be it enacted. That if the said Corporation shall 
 conduct the water for the supply of the said city and parts 
 adjacent thereto under this Act, by or through a canal, the 
 said Corporation shall have the power to lay out a road on 
 cither or both sides of the said canal, and upon the land by 
 them acquired for the purposes thereof, of sucl\_ width as the 
 said Corporation shall deem expedierit for public use or for 
 the agricultural purposes of the proprietors through whose 
 lands the said canal shall pass ; and the Corporation shall, 
 at their own expense, construct and maintain a good and suffi- 
 cient farm bridge with a hand rail on each side thereof across 
 the said canal, opposite, or as nearly so as possible, to the 
 centre of the width of each farm divided in its length by the 
 said cf,nal, unless it shall be otherwise agreed upon in any 
 case between them and the proprietor of any such farm. 
 
 9. And be it enacted, That it shall be lawful for the said 
 Corporation to purchase and ac({uire, take and hold with the 
 consent of the proprietor or other person having the right to 
 sell or dispose of any real or immovable property intersected 
 or divided by the line of the said canal, the rear portions of such 
 property separated by the said canal from the residue thereof, 
 as shall not be necessary for the purposes of the said Water 
 Works ; and it shall be It^wful for the said Corporation there- 
 after to sell the same for the benefit of the said Water Works 
 in the manner hereinafter mentioned. 
 
 10. And be it enacted, That the said Corporation shall con- 
 struct and maintain, at their own expense, good and sufficient 
 fences and ditches on each side of the land acquired by them 
 for the purposes of the said canal, and along the lines of 
 division between the same and the properties on either side 
 thereof. 
 
CITY CHARTER AND OTHER ACTS. 
 
 148 
 
 11. And be it enacted, That it shall be lawful for the said 
 Corporation, and they are hereby authorized, to dredge, 
 widen, deepen, and otherwise improve the little river, brook, 
 or stream known aa the River St. Pierre from the place 
 where it may be reached, crossed or intersected by the said 
 canal to its mouth, in such way and to such extent as may 
 be necessary to adapt it to the reception and discharge of the 
 waste or surplus water or drainage and leakage from the said 
 canal or to make a new tail-race or discharge apart from the 
 said little river ; and for any such purpose, as well as for the 
 purpose of making all such and so many catchwatcr and off 
 take drains as may be found necessary in connection with the 
 said canal, or for the purpose of diverting the drainage 
 thereof or therefrom in other directions, by themselves, their 
 deputies, agents, workmen and servants, at any time to enter 
 into and upon and pass and repass over, across and along 
 any lands and premises within the said distance of thirty 
 miles from the said city, doing as little damage as possible 
 •jind paying to the owner or other occupier thereof, or person 
 interested therein, such compensation as may be agreed upon 
 or as may be awarded in that behalf by appraisers chosen 
 and appointed for the purpose of ascertaining, fixing and 
 determining the same in the manner hereinbefore provided. 
 
 12. And bo it enacted, That it shall not be lawful for the 
 said Corporation to sell or lease any real or immovable pro- 
 perty under this Act otherwise than by public auction, to be 
 held at some certain time and place within the said city, of 
 which at least fifteen days' public notice shall bo given, by 
 advertisement in at least one newspaper published in the said 
 city in the English language, and in at least one other news- 
 paper published in the said city in the French language, 
 which said advertisement shall bo published at least six times 
 in each of the said newspapers during the said period of 
 fifteen days. 
 
 13. And bo it enacted, That this Act shall bo hold to be a 
 Tublic Act. 
 
 Corporation 
 may drodgo the 
 littlu Kivor M. 
 riurro, &e., and 
 provide for tlut 
 carrying off of 
 surplus water. 
 
 In wliatinaiinur 
 onlv tlio Corpo- 
 ration shall soil 
 any r<>al pro- 
 ]iprty under this 
 Act. 
 
 Publio Act, 
 
144 
 
 CITY CIIAKTKll AND OTHER ACTS. 
 
 I 
 
 (19 Victoria, Cap. 70.) 
 
 An Act to autliorize the Mayor, Aldcnnen 
 and Citizens of the City of Montreal to 
 borrow a sum of fifty thousand i)ounds for 
 the purpose of conipleting the new Water 
 Works in the City of Montreal. 
 
 (Assented to I9th June, 1856.) 
 
 Preamble. TXrHEREAS the Mayor, Aldermen and Citizens of the 
 If City of Montreal have, by their Petition, represented 
 that, in order to complete the New Water Works, now in 
 course of construction in the City of Montreal, a larger sum 
 of money will bo required than they have it in their power to 
 borrow, and thoy have prayed to bo authorized to borrow a 
 , further sum not exceeding fifty thousand pounds to be applied 
 
 ♦ solely to the construction of said works : Therefore, Her Ma- 
 
 jesty, by and with the advice and consent of the Legislative 
 Council and Assembly of Canada, enacts as follows : 
 roiporation 1. It shall and may be lawful for tho said Corporation, for 
 
 'wiWTt^iinR the purpose of completing tho Water Works now in course of 
 »}•' u'lVwtttcr construction in tho City of Montreal, to borrow a sum not 
 exceeding fifty thousand pounds sterhng money of Great 
 Britain, in addition to any sum thoy are now authorized to 
 borrow for tho same purpose, and to issue, under tho hand of 
 the Mayor and tho seal of the said Corporation, debentures 
 or Corporation bonds, to tho amount of the said sum of fifty 
 thousand pounds sterling, payable on or before the first day 
 of November, one thousand eight hundred and cighty-ono, 
 and bearing interest, payable semi-annually, on tho first days 
 of November and May in each and every year, and at a rate 
 iM-rm of dobcn. not cxcccding six per centum per annum ; and all such de- 
 «i!ro-, &c. bentures may bo in any form not inconsistent witli this Act, 
 and may have coupons thereunto annexed, for the half-yearly . 
 
CITY CUAUTKll AND OTlIKtt ACTS. 
 
 HA 
 
 3rmen 
 )al to 
 ids tbv 
 Water 
 
 18 of the 
 n'cscntcd 
 9, now in 
 irgcr sum 
 • power to 
 borrow a 
 )c applied 
 , Ilcr Ma- 
 .of^islativo 
 
 interest thereon, which coupons beinj; Hi{j;ne<l by the Mayor 
 or Treasurer of the Corporation, shall be resjoetivoly payable 
 to the bearer thereof, when the half-yearly interest therein 
 mentioned becomes due, and shall, on payment thore(>f, bo 
 
 delivered up to the Corporation ; and tho nossossion of any To ii« m'.m i 
 
 such coupons by tho Corporation shall bo pnnut jane, evi- vii<'«<' on Ww 
 dence that the half year's niterest therein nientioned has VI'"'"'" '' ..^' • '• 
 
 *' ^ 41, iiM well ii« (III 
 
 been paid according' to the tenor of sueh debenture : and all !'"' H''"i:':'l' 
 
 ' " ' Unitlxiit I lid 
 
 such debentures, as woll the interest as the principal thereof, c»y. •'"< »»«'i- 
 shall bo secured on the general finids of the said Corporation, 
 as well as by special privilege on the said Water Works 
 mentioned in tho fifteenth section of the Act pas^'ed in the 
 seventh year of Her Majesty's reign, intituled. An Act to 
 authorize the Mujfor^ Aldermen ami (Htizems of Montreal to 
 l>urel'isi>., 'Kujnire and hold the propertif noto known an the 
 Moi'fr ' Jl'nter Wor/cfi, which said privilege shall neverthe- 
 less ( ;, r.,nk in order next after the privilege secured to 
 the holders of bouds issued luider the provisions of the said 
 Act, or of any Act or provision of law in amendment thereof, 
 or subsequent thereto, and prior to the passing of this Act. 
 
 2. Any sum which the said Corporation is empowered to hiiM-nfnnH 
 
 1 1 !•». II I'li'ti- '""y '"' i"'v"ii'<' 
 
 borrow under this Act may be l)orrowe(l in this iTovince iii<iinH.iiior • 
 
 , , , , ... , . , <'Ihi'wIii>iii, itiiil 
 
 or elsewhere, and the principal sum and interest thereon in «itin imy or 
 
 .... Htnlliix. 
 
 as aforesaid may be made jiayable citliei' in this Province 
 or elsewhere, and either in the currency of Canatla or in 
 that of tho place where the same shiiU bo i»ayal)le, and 
 generally all tho provisions of the Acts now in force as to 
 the debentures issued by tho said Cori)oration shall apply to 
 those to bo issued under this Act, except in so far as tlmy 
 may be inconsistent with this Act. 
 
 15. The said Water Works now in construction in the said Wutcr w.iik», 
 City of Montreal, ami also the land acquired for the purpose nimyni.nior 
 
 • 1 • 1 iir iir 1 1 1 I • 1 llliMli'VH lior- 
 
 ol the said Water Works, and every matter aiK) tiling there- rowifl iiii<i»r 
 witli connected, shall bo and they are liereby specially 
 charged, pledged, mortgaged and hypothtfcated for the re- 
 payment of any sum or sums which may be borrowed by the ' 
 said Corporation under this Act, as well as for the due and 
 |iunctual payment of the interest thereupon. 
 
146 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Tho moiioy may 4. It shall be lawful for the said Corporation to borrow the 
 Ilncw iH^v.*! said sums of money under the provisions of the Act passed 
 in the eighteenth year of Her Majesty's reign, intituled^ An 
 Act to extend and amend the Act to establish a Consolidated 
 Municipal Loan Fund for Upper Canada, by applying the 
 same to Lower Canada, and for other purposes. 
 
 < ( 
 
CITY CHARTEll AND OTHER ACTS. 
 
 141 
 
 (24 Victoria, Cap. 67.) 
 
 An Act to authorize the Mayor, Aldermen 
 and Citizens of the City of Montreal to 
 borrow an additional sum for the purpose 
 of completing the new Water Works in 
 the said city, and to restrict the annual 
 expenditure of the Council of the said city 
 within certain limits. 
 
 (Assented to ISth May, 1861.) 
 
 WHEREAS, it is necessary for the good working of the Preambi.'. 
 Water Works of the City of Montreal, to complete 
 certain works and to make new ones ; and whereas the 
 Council of the said city have, by their petition, asked for the 
 authority they require to borrow the sum necessary for that 
 purpose ; and whereas it is expedient to restrict the annual 
 expenditure to be made by the said Council within certain 
 limits : Therefore, Her Majesty, by and with the advice and 
 consent of the Legislative Council and Assembly of Canada, 
 enacts as follows : 
 
 1. All the powers, privileges and authority already pos- acn 7 v., c. «. 
 flossed by the Corporation of the said city, in and by the Act incorporated 
 
 XI ^r. . . 1 . n . « 11 ,, » . . . WiUl thlH Act. 
 
 seventh Victona, chapter forty-four, and by the Act sixteenth 
 Victoria, chapter one hundred and twenty-seven, are hereby 
 conferred upon and shall appertain to the said Corporation, 
 in so far as they may apply to the purposes of this Act, and 
 the same may be required for the objects hereinafter men- 
 tioned ; and each and every section of the two above cited 
 Acts shall be held to form part of the present Act, in so far 
 as the same may bo consistent with the provisions of this 
 Act. 
 
148 
 
 CITY CHARTER AND OTHER ACTS. 
 
 I 
 
 
 ('orporation 
 may increase 
 the power in the 
 wheel-liouBC, 
 and construct a 
 tail-race. 
 
 Corporation 
 may borrow 
 «200,000 for 
 certain pur- 
 poses relating 
 to tlie Water 
 Worlis. 
 
 l>el)enture!i. 
 
 2. The said Corporation is hereby authorized to increase 
 the motive power of the wheel-house by means of which the 
 water conveyed through the newly constructed aqueduct is 
 forced into the reservoirs of the said city, either by adding 
 one or more wheels to the said wheel-house, or otherwise, 
 and to construct and open, upon such site as will appear 
 most convenient, a tail-race, by which the waste water 
 coming from the new aqueduct into the wheel-house, may 
 be carried into the river St. Lawrence ; and for that pur- 
 pose to acquire, in the manner and form and upon the con- 
 ditions prescribed in and by the said Act, sixteenth Victoria, 
 chapter one hundred and twenty-seven, all real estate, or 
 any part thereof, which may be acquired for the construction 
 of the said tail-race. 
 
 3. The said Corporation is hereby authorized to borrow, 
 for the purposes mentioned in the preceding section, as also 
 for enlarging the storage for water, for providing an addi- 
 tional rising main, and for completing the laying of the 
 distribution pipes throughout the said city, a sum not ex- 
 ceeding two hundred thousand dollars, and to issue, under 
 the hand of the Mayor and seal of the Corporation, debentures 
 or Corporation bonds, to the amount of two hundred thousand 
 dollars aforesaid, payable twenty-five years after the date of 
 the issue thereof respectively, and bearing interest payable 
 semi-annually on Ihe first days of May and November in 
 each and every year, and at a rate not exceeding six per 
 centum per annum ; and all such debentures may be issued 
 from time to time, at such periods, and for such amounts as 
 shall be deemed expedient ; and they may have coupons 
 annexed to them, for the half-yearly interest payable on 
 them, which coupons, being signed by the Mayor or the 
 Treasurer of the said Corporation, shall be respectively pay- 
 able to the bearer thereof, when the half-yearly interest 
 therein mentioned becomes due, and shall, on payment 
 thereof, be delivered up to the said Corporation ; and the 
 possession of any such coupon by the Corporation, shall be 
 priind facie evidence that the half-year's interest therein 
 mentioned has been paid, according to the tenor of such dc- 
 
^'•"W<. 
 
 CITY CHARTER AND OTHER ACTS. 
 
 149 
 
 benture ; and all such debentures, and as well the interest 
 as the principal thereof, are and shall be secured on the 
 general funds of the said Corporation, as well as by a special 
 privilege on the Water Works of the said city, on the 
 property to be acquired, and on the works to be made 
 under the authority of this Act, the same being hereby spe- 
 cially mortgaged for the payment of the debentures, both in 
 capital and interest ; provided however, that the aforesaid 
 privilege and mortgage shall in no manner or way interfere 
 with or injure the rights of holders of debentures or coupons 
 issued in virtue of the above cited Acts, or of any Act 
 amending the same. 
 
 4. The amount which the said Corporation is empowered 
 to borrow by the preceding section, may be borrowed cither 
 in this Province or elsewhere, and the principal sum and 
 interest thereon as aforesaid, may be made payable either in 
 this Province or elsewhere, and cither in sterling money 
 aforesaid, or the currency of this Province, or in that of the 
 place where the same shall be payable, and generally all the 
 provisions of the Acts now in force as to debentures issued 
 by the said Corporation, shall apply to those to be issued 
 under this Act, except only in so far as they may be incon- 
 sistent Avith this Act. 
 
 5. From and after the civic year, which shall commence 
 for the said city on the first day of February, one thousand 
 eight hundred and sixty-two, it shall be the duty of tlie 
 Council of the said city to make every year, on or before 
 the first day of May, an appropriation of the amounts neces- 
 sary to meet the expenses of the current year, by providing — 
 
 1. For the payment of the interest, and sums required for 
 the Sinking Fund on the debt due by the said city ; 
 
 2. For the general and ordinary expenses of the city ; 
 
 3. For the sums required for contemplated improvements ; 
 
 4. For a reserve of not leas than five per centum to meet 
 unforeseen expenditure ; 
 
 Such appropriation shall never exceed the amount of the 
 receipts from the preceding year, added to the balance of 
 the said receipts which shall not have been ex[)ended. 
 
 MortgaKO for 
 securing pay- 
 moiit of prin- 
 cipal and in- 
 terest. 
 
 How and where 
 debcntnreH may 
 lio made pay- 
 able. 
 
 Yearly appro- 
 piintiorN to be 
 made by tlio 
 City Council. 
 
 . . rnpriationH 
 limited. 
 
150 
 
 CITY CHARTER AND OTHER ACTS. 
 
 (Council to limit 
 llie city expend- 
 itiiro to tlio 8aid 
 appropriations, 
 be. 
 
 I'oimltvon 
 CouncHlors 
 aiithoriKiiig 
 any excess. 
 
 Except in cases 
 ofurffont neces- 
 sity, &c., on im- 
 posins a special 
 tax, &c. 
 
 Inconsistent 
 
 enactments 
 
 repealed. 
 
 Public Act. 
 
 6. It shall not be lawful for the said Council to expend 
 beyond the amount so appropriated and the amount of the 
 other sums at their disposal out of the receipts' of the current 
 year, except in cases and under the conditions hereinafter 
 set forth ; but the Council may at any time vary the appli- 
 cation of the sums set apart for improvements, and make use 
 of the amount reserved for unforeseen expenditure. 
 
 7. The Mayor and Councillors who shall have sanctioned 
 the expenditure of any sum of money beyond the amounts 
 appropriated and the amounts at their disposal, in conformity 
 with the foregoing sections, shall alone be personally res- 
 ponsible therefor. 
 
 8. In cases of urgent necessity, the said Council may, by 
 a majority composed of at least two-thirds of the members 
 composing the same, pass a By-law to make any appropriation 
 they may think necessary beyond the amounts at their dis- 
 posal, provided, that by such By-law an additional tax shall 
 be imposed, payable during the course of the year in which 
 such By-law is dated, and sufficient to cover the amount so 
 appropriated, which said tax shall be levied and assessed on 
 all real estate in the said city. 
 
 9. All the provisions of any law inconsistent with the 
 provisions of this Act shall be and the same are hereby 
 repealed. 
 
 10. This Act shall be held and taken as a Public Act. 
 
\ 
 
 CITY CHARTER AND OTHER ACTS. 
 
 151 
 
 (25 Victoria, Cap. 44.) 
 
 An Act to authorize the Mayor, Aldermen 
 and Citizens of the City of Montreal, to 
 borrow certain sums of money for drain- 
 age and other purposes therein mentioned. 
 
 (Assented to 9t1i June, 1862.) 
 
 WHEREAS it is necessary to provide means for the more rrcambic. 
 effectual drainage of certain sections of the City of 
 Montreal, where serious danger is apprehended to the lives of 
 the inhabitants of the said city ; and whereas it is expedient 
 to establish an Electric Fire-alarm Telegraph in the said city, 
 the more effectually to guard against accidents by fire, and to 
 subserve also the purposes of the Police and Water depart- 
 ments ; and whereas the Council of the said city have, by 
 their petition, asked for the authority they require, to borrow 
 the sums necessary for the purposes above referred to, and it 
 is expedient to grant such prayer : Therefore, Her Majesty, 
 by and with the advice and consent of the Legislative Coun- 
 cil and Assembly of Canada, enacts as follows : 
 
 1. For the purpose of draining the localities above referred Loan of sfHTo.oiuo 
 to, and also to assist the said Corporation in making tlie im- tirHinngc. 
 provements and street repairs that may be required in the 
 said city, during the present year, the said Corporation is 
 hereby authorized to borrow a sum not exceeding one hun- 
 dred and seventy-five thousand dollars, and to issue, under 
 the hand of the Mayor and seal of the Corporation, deben- Dobenturos. 
 tures or Corporation bonds, to the amount of one hundred 
 and seventy-five thousand dollars aforesaid, payable twenty- 
 five years after the date of the issue thereof, respectively, 
 and bearing interest payable semi-annually on the first days 
 of May and November in each and every year, and at a rate 
 not exceedi]ig six per centum per annum ; and all such 
 
152 
 
 CITY CHAKTER AND OTHER ACTS. 
 
 How Mjcurcd. 
 
 Lunii of $20,000 
 Hutliorizod for 
 City 'rt'legrnpli. 
 
 Debentures. 
 
 debentures may be issued from time to time, at such periods, 
 and for such amounts as shall be deemed expedient ; and they 
 
 Coupons. may have coupons annexed to them, for the half-yearly inter- 
 est payable on them, which coupons, being signed by the 
 Mayor or Treasurer of the said Corporation, shall be respec- 
 tively payable to the bearer thereof, when the half-yearly 
 interest therein mentioned becomes due, and shall, on pay- 
 ment thereof, be delivered up to the said Corporation ; and 
 the possession of any such coupons by the Corporation shall 
 be primd facie evidence that the half-year's interest therein 
 mentioned has been paid, according to the tenor of such 
 debentures ; and all such debentures, the interest as well as 
 the principal thereof, are and shall be secured on the general 
 funds of the said Corporation. 
 
 2. For the purpose of constructing and establishing a City 
 Electric Telegraph as aforesaid, it shall be lawful for the said 
 Corporation to effect a special loan of twenty thousand dollars, 
 to be designated the " City Telegraph Loan," and to issue, 
 under the hand of the Mayor and the seal of the Corporation, 
 debentures or Corporation bonds to the amount of twenty 
 thousand dollars aforesaid, payable twenty-five years after the 
 date of the issue thereof respectively, and bearing interest 
 payable semi-annually on the first day of May and November 
 in each and every year, and at a rate not exceeding six per 
 centum per annum ; and all such debentures shall be headed 
 ' with the words or title " The City Telegraph Loan," to desig- 
 nate the object and pui'pose for which they shall be issued ; 
 they may be issued from time to time, at such periods and for 
 s.uch amounts as shall be deemed expedient ; and they may 
 
 Coupons. ^8,ve coupons annexed to them, for the half-yearly interest 
 
 payable on them, which coupons being signed by the Mayor 
 ■- or the Treasurer of the said Corporation, shall be respectively 
 payable to the bearer tliereof, when the half-yearly interest 
 therein mentioned becomes due, and shall, on payment thereof, 
 be delivered up to the said Corporation ; and the possession 
 of any such coupons by the Corporation shall he primd facie 
 evidence that the half-year's interest therein mentioned has 
 been paid, according to the tenor of such debenture ,* and all 
 
CITY CHARTER AND OTHER ACTS. 
 
 153 
 
 jriods, 
 dthey 
 r inter- 
 by the 
 respec- 
 -yearly 
 >n pay- 
 q; and 
 m shall 
 therem 
 of such 
 i well as 
 general 
 
 g a City 
 the said 
 1 dollars, 
 to issue, 
 •poration, 
 p twenty 
 after the 
 interest 
 ovember 
 ig six per 
 headed 
 to desig- 
 >e issued ; 
 and for 
 hey may 
 interest 
 be Mayor 
 spectively 
 interest 
 
 t thereof, 
 possession 
 
 imd facie 
 tioned has 
 •e ; and all 
 
 is 
 
 Ql 
 
 t' 
 
 such debentures, and as well the interest as the principal how secured, 
 thereof, are and shall be secured on the general funds of the 
 said Corporation, as well as by a special privilege on the works 
 and apparatus to be constructed and established by means 
 thereof. 
 
 3. The amount which the said Corporation is empowered Howandwiiero 
 
 debentures niRy 
 
 to borrow by the two preceding sections, may be borrowed be made pay- 
 either in this Province or elsewhere, and the principal sum 
 and interest thereon as aforesaid, may be made paya,ble either 
 in this Province or elsewhere, and either in sterling money, 
 or the currency of this Province, or in that of the place 
 where the same shall be payable, and generally all the provi- 
 sions of the Acts now in force as to debentures issued by the 
 said Corporation, shall apply to those to be issued under this 
 Act, except only in so far as they may be inconsistent with 
 this Act. 
 
 4. And whereas the said Corporation of the Mayor, Aiders Recital of loan 
 men and Citizens of the City of Montreal, under the authority and Atlantic r. 
 of an Act of the Provincial Le^slature, passed in the twelfth 
 
 year of Her Majesty's reign, intituled, An Act further to 12 v., 0. no. 
 amend an Act incorporating the St. Lawrence and Atlantic 
 Railroad Company, and with a view to promote the speedy 
 completion of the said road, subscribed for five thousand 
 shares of the stock of the said St. Lawrence and Atlantic 
 Railroad Company, the said shares representing a capital of 
 one hundred and twenty-five thousand pounds, for which the 
 said Corporation issued their bonds or debentures, as a loan 
 in favour of the said Company, payable as follows, viz : 
 
 1. Twenty-five thousand pounds ou the first of March, 
 one thousand eight hundred and fifty-seven ; 
 
 2. Twenty-five thousand pounds on the first of June, one 
 thousand eight hundred and fifty-nine ; 
 
 8. Twenty-five thousand pounds on the first of October, 
 one thousand eight hundred and sixty-one ; 
 
 4. Twenty-five thousand pounds on the first of October, . 
 one thousand eight hundred and sixty-three ; 
 
 6. Twenty-five thousand pounds on the first of September, 
 one thousand eight hundred and sixty-five ; 
 
164 
 
 CITY CHARTER AND OTHER ACTS. 
 
 : ! 
 
 16 v., c. 89. And whereas an Act was passed in the sixteenth year of 
 
 Her Majesty's reign, intituled, An Act to empower any 
 Railivay Company whose Mailway forms part of the Main 
 Trunk Line of Railway throughout this Province, to unite 
 with any other such Company, or to purchase the property 
 and rights of any such Company, and to repeal certain Acts 
 therein mentioned, incorporating Railway Companies; and 
 whereas under the powers and provisions of the hereinbefore 
 last cited Act, the said St. Lawrence and Atlantic Railroad 
 Company has been united with and incorporated into the 
 , Grand Trunk Railway Company, under the name of " The 
 
 Grand Trunk Railway Company of Canada," upon certain 
 terms and conditions embodied in an agreement made and 
 passed between the Directors of the said St. Lawrence and 
 Atlantic Railroad Company; and the said Grand Trunk Rail- 
 way Company, bearing date the twelfth day of April, one 
 thousand eight hundred and fifty-three, and which agreement 
 has since been ratified and confirmed by an Act passed in the 
 18 v., c. 33. eighteenth year of Her Majesty's reign, intituled. An Act 
 to amend the Acts relating to the Grand Trunk Railway 
 Company of Canada ; and whereas the said Grand Trunk 
 Railway Company have, by the said amalgamation and by the 
 said agreement of the twelfth of April, one thousand eight 
 hundred and fifty- three, assumed and become responsible for 
 all the liabilities and debts of the said St. Lawrence and 
 Atlantic Railroad Company, including the payment of the 
 bonds or debentures hereinbefore referred to ; and whereas 
 the said Grand Trunk Railway Company have, by virtue of 
 the said amalgamation and of the said agreement, paid and 
 redeemed the first and second instalments of the said bonds 
 or debentures, amounting to twenty-five thousand pounds 
 each, and respectively due on the first of March, one thou- 
 sand eight hundred and fifty-seven, and first of June, one 
 thousand eight hundred and fifty-nine, as aforesaid ; and 
 whereas the said Grand Trunk Railway Company have failed 
 to meet the payment of the third instalment of the said bonds 
 or debentures, due on the first of October last past, as well 
 as the interest accrued on the said bonds or debentures since 
 
CITY CHARTER AND OTHER ACTS. 
 
 155 
 
 the first day of March, one thousand eight hundred and sixty- 
 one ; and whereas there is reason to believe the said Grand 
 Trunk Railway Company may not meet or redeem the pay- 
 ment of the balance due as aforesaid, or to be due on the said 
 bonds or debentures at the period and periods fixed for such 
 payment and redemption ; and whereas the said Corporation 
 have no funds at their disposal with which to meet or redeem 
 the payment of the said bonds or debentures at maturity, and 
 it is expedient that some provisions should be made 'x) enable 
 the said Corporation to take up or redeem the said i>onds or 
 debentures at their maturity, in the event of the said Grand 
 Trunk Railway Company failing to do so; — Therefore, for Loanof#850,ooo 
 the purpose of enabling the said Corporation to pay the instal- pay'off^remun^ 
 ment due as aforesaid on the first of September, one thousand ilfan? tf*'?^.^ n^ 
 eight hundred and sixty-one, on the said bonds or debentures, Grand Trunk 
 and also the last two instalments thereof, to be respectively pttnvT"^ *"" 
 due as aforesaid, on the first of October, one thousand cigb:, 
 hundred and sixty-three, and the first of September, one 
 thousand eight hundred and sixty-five, and the interest there- 
 on, if not previously redeemed by the said Grand Trunk 
 Railway Company, the said Corporation may and they are 
 hereby authorized to borrow a sum of three hundred and fifty 
 thousand dollars, and to issue, under the hand of the Mayor 
 and the seal Of the said Corporation, debentures or bonds, 
 payable twenty years after the date of the issue thereof re- 
 spectively, and bearing interest payable semi-anrvally on the 
 first days of May and November, in each and ev, ry year, 
 and at a rate not exceeding six per centum ; and all such Debentures, 
 debentures or bonds may be issued from time to time, at such vFsio^s simiT 
 periods, and for such amounts as may be <^ enJed necessary, ^^^^ " *""' 
 and they may have coupoi/ts annexed to them, in the same 
 manner and form as the bonds or debentures referred to and 
 authorized to be issued by the first and second sections of this 
 Act, and generally all the px'ovisions of the first, second and 
 third sections of this Act, as to the debentures to be issued 
 under the authority of the same, shall apply to the deben- 
 tures or bonds to be issued under the present section, except 
 only in so far as they may be inconsistent with the present 
 
156 
 
 OITT CHARIER AND OTHER ACTS. 
 
 rrovlso. 
 
 rroviso. 
 
 i 
 
 IncoHBlttent 
 
 oiiactments 
 
 repealed. 
 
 riibllc Act. 
 
 section ; Provided, however, that nothing herein contained 
 shall in any way interfere with, alter or affect any right or 
 claim which the said Corporation may have or possess against 
 the said Grand Trunk Railway Company of Canada, as 
 regards the payment of the original bonds or debentures 
 granted by the said Corporation to the said St. Lawrence and 
 Atlantic Railroad Company as aforesaid, and that the obliga- 
 tion to redeem the said bonds or debentures, and interest 
 thereon, at maturity, assumed by the said Grand Trunk Rail- 
 way Company, as aforesaid, shall continue to have its full 
 effect and remain in force, notwithstanding any thing con- 
 tained in the present Act ; Provided, also, that nothing in 
 this section shall be construed to exempt or relieve the said 
 Grand Trunk Railway Company from any of the liabilities 
 incurred or assumed by them, in regard to the payment of 
 the said bonds or debentures, by the amalgamation of the said 
 Grand Trunk Railway Company with the said St. Lawrence 
 and Atlantic Railroad Company as aforesaid, and the agree- 
 ment entered into, as aforesaid, between those two Companies 
 on the twelfth of April, one thousand eight hundred and fifty- 
 three. 
 
 5. All the provisions of any law inconsistent with the pro- 
 visions of this Act shall be and the same are hereby repealed. 
 
 6. This Act shall be held to be a Public Act. 
 
 f 
 
CITT CHARTER AND OTHER ACTS. 
 
 157 
 
 (18 Victoria, Cap. 142.) 
 
 An Act to transfer to the City of Montreal, all 
 the property, rights and privileges hereto- 
 fore enjoyed by the Wardens of the House 
 
 , of Industry, in the City of Montreal, and 
 for other purposes. 
 
 (^Assented to 19th May, 1855.) 
 
 WHEREAS by an Act of the Legislature of Lower rionmbio. 
 Canada, passed in the fifty-eighth year of the reign 
 of King George the Third, intituled, An Act to etablish a Act of l. c, 58 
 House of Industry in the City of Montreal^ a corporation 
 and body politic and corporate by the name of the Wardens 
 of the House of Industry in the City of Montreal^ was 
 erected and established for carrying into effect the last will 
 and testament of the late John Conrad Marateller, who died 
 on the seventeenth day of May, one thousand eight hundred 
 and eight, having by his said will bequeathed certain real and 
 immovable estates, and the rest, res'due and remainder of 
 all and every his estate, property and effects, after payment 
 of his debts and legacies, for the purpose of establishing in 
 the said City of Montreal, a House of Industry ; and whereas 
 the said Corporation so established hath been found ineffectual 
 for the proper establishment and management of the said House 
 of Industry, and the benevolent intentions of the said John 
 Conrad Marstcller in bequeathing the aforesaid estate and 
 property are thereby likely to be defeated, unless the control 
 and direction of the affairs of the said House of Industry be 
 transferred to and vested in other management ; And 
 whereas by the joint petition of the said Wardens of the said 
 House of Industry and of the Corporation known as The 
 Mayor y Aldermen and Citizens of the City of Montreal, it 
 is prayed that the powers, rights and privileges conferred on 
 
168 
 
 CITT CHARTER AND OTHER ACTS. 
 
 the said Wardens by the aforesaid Act, as well as the pro- 
 perty, estate, chattels and effects of the said House of Indus- 
 try so incorporated, may be transferred to and made to vest 
 in the said Corporation, known as The Mayor, Aldermen and 
 Citizens of the City of Montreal, and the entire management 
 and control thereof in future be confided to them, and that 
 such further powers may be granted to them for the making 
 of By-laws and the appointment of overseers and other 
 oflScers for the well governing and management of the said 
 House of Industry and of the estate and property thereof, as 
 may by them be deemed necessary effectually to carry out 
 the object of the late John Conrad Marsteller, as expressed 
 in his said will ; And whereas it is believed that the purposes 
 for which the said late John Conrad Marsteller so bequeathed 
 the said property will be more effectually accomplished by 
 such transfer of the said estate, property and effects to the 
 said Mayor, Aldermen and Citizens of the City of Montreal : 
 Be it therefore enacted by the Queen's M( ^t Excellent 
 Majesty, by and with the advice and consent of the Legisla- 
 tive Council and of the Legislative Assembly of the Province 
 of Canada, constituted and assembled by virtue and under 
 the authority of an Act passed in the Parliament of the 
 United Kingdom of Great Britain and Ireland, and intituled, 
 An Act to re-unite the Provinces of Upper and Lower 
 Canada, and for the Government of Canada, and it is 
 hereby enacted by the authority of the same, as follows : 
 
 1. From and after the passing of this Act, the said Act of 
 the Parliament of Lower Canada, passed in the fifty-eighth 
 year of the reign of King George the Third, chapter fifteen, 
 and the several Acts of the said Parliament of Lower 
 Canada amending the same, passed in the second year of the 
 reign of King George the Fourth, in the seventh year and 
 in the ninth year of the said reign, shall bo and the same 
 are hereby repealed. 
 
 2. From and after the psssing of this Act, the real or 
 immovable estates, and the rest, residue and remainder of 
 all and every the estates, projKjrty and effects, after the pay- 
 ment of his just debts and legacies, left by the said late John 
 
 Tlio tiaid Act, 
 HiulthoTthGeo. 
 IV, 0. 4, and 
 <ic(). IV, 0. 43, 
 iimciidiiiK It, 
 rcponlod. 
 
 l'i(ii)orly iiDW 
 held for tli(> 
 Hitld tiiftltution 
 • r«iiHft'rr<'d to 
 flic Corporation 
 of Muntrrnl. 
 
CITY CHARTER AND OTHER ACTS. 
 
 169 
 
 he pro- 
 f Indus- 
 I to vest 
 nen and 
 stgement 
 md that 
 1 making 
 td other 
 the said 
 .ereof, as 
 »arry out 
 (xpressed 
 purposes 
 queathed 
 iished by 
 5t8 to the 
 !^ontreal : 
 Excellent 
 3 Legisla- 
 Province 
 ,nd under 
 nt of the 
 intituled, 
 id Lower 
 and it is 
 ows : 
 lid Act of 
 ly-eighth 
 er fifteen, 
 of Lower 
 ear of the 
 year and 
 the same 
 
 real or 
 naindor of 
 r the pay- 
 late John 
 
 Powers of tlio 
 Corporation on 
 fo such pro- 
 perty. 
 
 Conrad Marsteller under and by virtue v^ his said last will 
 and testament, for the purpose of establi ?hu g in the said City 
 of Montreal a House of Industry, and all and every the real 
 and personal estate, property, chattels and eflfects in any way 
 belonging and pertaming to the said Corporation or body politic 
 and corporate, known as Hie Wardens of the House of Indus- 
 try in the City of Montreal, in the hands and possession of 
 whomsoever the same may be, shall vest in and become and 
 be the property of the said Mayor, Aldermen and Citizens of 
 the City of Montreal, for the purpose of sustaining and keep- 
 ing up in the said City of Montreal a House of Industry, as 
 contemplated and provided for by the said will of the said 
 late John Conrad Marsteller ; and the said Mayor, Aldermen 
 and Citizens of the City of Montreal shall and may take and 
 claim, and if necessary, sue for and recover the same, of and 
 from the said Wardens and every of them, and of and from 
 every other person or persons in whose possession the same 
 or any part thereof is, may be, or be found. 
 
 3. The said Mayor, Aldermen and Citizens of tlie City of 
 Montreal, are hereby authorized and empowered to establish, 
 sustain and keep up a House of Industry in the said City of 
 Montreal, and to use and apply the property, estates, moneys, 
 chattels and eflfects by this Act declared to be vested in and 
 to become the property of the said Mayor, Aldermen ajid 
 Citizens of the City of Montreal, for the purpose of establish- 
 ing, sustaining and keeping up the said House of Industry, 
 and from time to time to make and pass sucli ]?y-laws, Rules 
 and Regulations for the management and direction of the 
 said House of Industry, as they may think fit, provided the 
 same are not icpugnant to the laws in force in this Province ; 
 and from time to time to appoint, discharge and re-a[)point 
 such overseers and other officers as they may deem it neces- 
 sary to appoint for the management of the said House of 
 Industry. 
 
 4. Tlio said Mayor, Aldermen and Citizens of the City of 
 Montreal, at all times hereafter, sliall and nuiy have power 
 and authority to purchase, take, acquire and hold by will, 
 gift or otherwise, lands, tenements, real and immovable 
 
 Corporation 
 emi)owered to 
 OHtablisii and 
 maintain a 
 lIouBoof IndiiK- 
 try In tlio city, 
 nndtoniakuKy- 
 iawH for its gov- 
 ernance. 
 
 <'orp'oration to 
 have power to 
 uciitilrc and 
 hold property 
 for tliepnrpoNOH 
 of the Institu- 
 tion. 
 
160 
 
 CITY CHARTER AND OTHER ACTS. 
 
 estates, rents, usufructs, servitudes and hereditaments, and 
 to erect houses and buildings thereon for the use and pur- 
 poses of the said House of Industry in the f-ty of Montreal, 
 and shall also have power and authority at all times hereafter, 
 to sell and dispose of the real and immovable estate by this 
 Act vested in the said Mayor, Aldermen and Citizens of the 
 City of Montreal, or which may be hereafter purchased or 
 acquired by them for the purposes of the said House of 
 And to alienate Industry ; but ih case the said Mayor, Aldermen and Citizens 
 
 tlio samo and „ , X. n ■%*■ i i n n if i p 
 
 acqiiiro other of the City of Montreal, shall so sell and dispose thereoi, or 
 of any part thereof, they shall, as soon as may be convenient 
 thereafter, apply the proceeds thereof to the purposes of the 
 said Institution, by the purchase of other lands and tene- 
 ments, real or immovable estate, more fit and proper for 
 promoting the permanent establishment thereof. 
 
 Public Act. 6. This Act shall be deemed a Public Act. 
 
CITY CHARTER AND OTHER ACTS. 
 
 161 
 
 its, and 
 nd pur- 
 ontreal, 
 sreafter, 
 
 by this 
 is of the 
 lased or 
 louse of 
 
 Citizens 
 lereof, or 
 )nveiuent 
 es of the 
 md tene- 
 roper for 
 
 (24 Victoria, Cap. 84.) 
 
 An Act to incorporate the Montreal City Pas- 
 senger Kailway Company. 
 
 (Assented to ISth May, 1861.) 
 
 I 
 
 WHEREAS the persons hereinafter named have, by 
 their petition, prayed that they may be incorporated 
 under the title of " The Montreal City Passenger Railway 
 Company," for the purpose of constructing and operating 
 Street Railways in the City and Parish of Montreal ; " And 
 whereas it is expedient to grant the prayer of the petitioners : 
 Therefore, Her Majesty, by and with the advice and consent 
 of the Legislative Council and Assembly of Canada, enacts 
 as follows : 
 
 1. William Molson, John Ostell, William Dow, Johnston 
 Thomson, William Macdonald, John Carter, Thomas Ryan, 
 William E. Phillips, and such other persons as shall become 
 shareholders of the said Company, are hereby constituted a 
 body corporate and politic, for the purposes herein mentioned, 
 by the name of " The Montreal City Passenger Railway 
 Company of Montreal." 
 
 2. The capital stock of the Company shall be three hundred 
 thousand dollars, in shares of fifty dollars each. 
 
 3. The Company may commence operations and exorcise 
 the powers hereby granted so soon as one hundred thousand 
 dollars of tliu capital stock shall be subscribed, and twenty 
 per cent, thereon paid up. 
 
 4. The Company are hereby authorized and empowered 
 to construct, complete, maintain, and from time to time 
 remove and change, a double or single track iron railway, 
 with the necessary side tracks, switches and turn-outs, and 
 other appliances, for the passage of cars, carriages and other 
 vehicles and particularly those adapted to the same, upon and 
 
 V 
 
 Preamble. 
 
 Incorporation 
 of the Com- 
 pany. 
 
 Capital. 
 
 When the Com- 
 pany may com- 
 mence. 
 
 Comi)any may 
 conHtriiut and 
 work n Street 
 Kailway by 
 animal |iower. 
 
162 
 
 CITY CHARTER AND OTHER ACTS. 
 
 May U80 tho 
 streets and 
 highways, sub- 
 ject to the B." 
 law on tho sub- 
 ject. 
 
 along any of the streets in the City of Montreal, mentioned 
 in the By-law of the Corporation of the City of Montreal, 
 numbered two hundred and sixty-five, and in conformity with 
 the said By-law, and upon and along any other streets in the 
 said city which they may be authorized to pass along by any 
 subsequent By-law of the said Corporation, and with the divi- 
 sions and subject to the limitations set forth and provided by 
 the said By-law, or by any such subsequent By-law, and 
 upon and along the highways in the Parish of Montreal, lead- 
 ing into the said streets and contiguous thereto, or any of 
 them ; and to take, transport and carry passengers upon the 
 same, and to construct and maintain all necessary works, 
 buildings and conveniences therewith connected ; and to use 
 and occupy any and such parts of any of the streets or high- 
 ways aforesaid as may be required for the purpose of their 
 railway track and the laying of the rails and the running of 
 their cars and carriages ; but the Company shall not be per- 
 mitted to use steam power upon the said railway. 
 
 5. The rails of the railway shall be laid flush with the 
 streets and highways, and the railway track shall conform 
 to the grades of the same so as to offer the least possible 
 impediment to the ordinary traffic of the said streets and 
 highways ; and the gauge shall be such that the ordinary 
 vehicles now in use may travel on the said tracks, which it 
 shall and may be lawful for them to do, provided they do not 
 interfere with or impede the running of the cars of the Com- 
 pany ; and in all cases, any carriage or vehicle on the track 
 shall give place to the cars by turning off the track. 
 
 6. The affairs of the Company shall be under the control 
 of and shall be managed and conducted by a Board to con- 
 sist of five Directors, each of whom shall be a stockholder to 
 an amount of not less than five hundred dollars, and shall be 
 elected on the first Wednesday of November of every year 
 at the office of the Company ; and all such elections shall be 
 by ballot, by plurality of the votes of the stockholders present, 
 each share to liave one vote and stockholders not personally 
 attending may vote by proxy ; and the Directors so chosen 
 shall, as soon as may be, elect one of their number to be Pre- 
 
 Not to use steam 
 power. 
 
 Railway to be 
 flush with the 
 streets. 
 
 Hoard of Direc- 
 tors. 
 
 <jualilication. 
 
 Kloction. 
 
CITY CHARTER AND OTHER ACTS. 
 
 163 
 
 ntioned 
 ontreal, 
 ity with 
 a in the 
 ; by any 
 the divi- 
 rided by 
 law, and 
 3al,lead- 
 r any of 
 upon the 
 y works, 
 ad to use 
 3 or high- 
 3 of their 
 unning of 
 ot be per- 
 
 with the 
 [1 conform 
 it possible 
 reets and 
 I ordinary 
 I, which it 
 Ley do not 
 the CoTO- 
 the track 
 
 Vacancies. 
 
 First Directorii. 
 
 Directors to 
 make By-laws 
 for certain 
 purposes. 
 
 sident, which President and Directors shall continue in office 
 one year and until others shall be chosen to fill their places ; 
 and, if any vacancy shall at any time happen of the President 
 or Directors, the remaining Directors shall supply such 
 vacancy for the remainder of the year. 
 
 7. The said William Molson, John Ostell, William Dow, 
 Johnston Thomson, and William Macdonald, shall be the first 
 Directors of the Company, and shall severally hold their 
 offices till the first Wednesday of November next after the 
 Company goes into operation. 
 
 8. The Directors of the Company shall have full power 
 and authority to make, amend; repeal and re-enact all such 
 By-laws, rules, resolutions and regulations as shall appear to 
 them proper and necessary, touching the well ordering of the 
 Company, the acquirement, management and disposition of its 
 stock, property and effects, and of its affairs and business, 
 the entering into arrangements and contracts with the said 
 city or the adjoining municipalities, the declaration and pay- 
 ment of dividends out of the profits of the said Company, the 
 form and issuing of stock certificates, and the transfer of 
 shares, the calling of special and general meetings of the Com- 
 pany, the appointment, removal and remuneration of all 
 officers, agents, clerks, workmen, and servants of the Com- 
 pany, the fares to be received from persons transported over 
 the railway or any part thereof, and in general to do all 
 things that may be necessary to carry out the objects, and 
 exercise the powers incident to the Company. 
 
 9. The stock of the Company shall be deemed personal 
 estate, and shall be transferable in such Avay as the Directors 
 shall by By-law direct. 
 
 10. If the election of Directors bo not made on the day 
 appointed by this Act, the Company shall not for that rea- 
 son be dissolved ; but the stockholders may hold the election 
 on any other day in the manner provided for by any By-law 
 passed for that purpose ; and all acts of Directors, until their 
 successors are elected, shall be valid and binding upon the 
 Company. 
 
 General 
 powers. 
 
 stock deemed 
 personal estate. 
 
 ('ompanv not 
 disKoivea for 
 want of clec* 
 tion. 
 
164 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Power to ac- 
 quire real 
 estate. 
 
 Tower to bor^ 
 row 9100,000 
 upon Deben- 
 tures. 
 
 Frovlso. 
 
 I'lie citjr and 
 adjoining 
 municipalities 
 may agree with 
 the Company as 
 to oertafu mat- 
 ters. 
 
 City and muni- 
 cipalities may 
 pass By-laws for 
 giving effieot to 
 such agreement. 
 
 11. The Company may purchase, lease, hold, acquire and 
 transfer all real or personal estate necessary for carrying on 
 the operations of the Company. 
 
 12. The Directors of the Company may, from time to time, 
 raise or borrow, for the purposes of the Company, any sum or 
 sums not exceeding in the whole, one hundred thousand dollars 
 by the issue of bonds or debentures, in sums of not less than one 
 hundred dollars, on such terms and credit as they may think 
 proper, and may pledge or mortgage all the property, tolls 
 and income of the Company or any part thereof, for the 
 re-payment of the moneys so raised or borrowed and the 
 interest thereon : Provided always, that the consent of three- 
 fourths in value of the stockholders of the Company, shall be 
 first had and obtained at a special meeting to be called and 
 held for that purpose. 
 
 13. The said city and the adjoining municipalities or any 
 of them, and the said Company, are respectively hereby 
 authorized to make and to enter into any agreement or cove- 
 nants relating to the construction of the said railway, for the 
 paving, macadamising, repairing and grading of the streets 
 or highways, and the construction, opening of and repairing 
 of drains or sewers, and the laying of gas and water pipes in 
 the said streets and highways — the location of the railway 
 and the particular streets along which the same shall be laid 
 — the pattern of rail — the time and speed of running of the 
 cars — the amount of license to be paid by the Company 
 annually — the amount of fares to be paid by passengers — 
 the time within which the works are to be commenced — 
 the manner of proceeding with the same and the time for 
 completion — and generally for the safety and convenience of 
 passengers — the conduct of the agents and servants of the 
 Company, and the non-obstructing or impeding of the ordinary 
 traffic. 
 
 14. The said By-law number two hundred and sixty-five of 
 the Corporation of the City of Montreal is hereby confirmed, 
 and the provisions thereof shall be binding upon the said 
 Corporation and upon the said Company to the same extent 
 as if the same were incorporated into this Act ; and the said 
 
OITY CHARTER AND OTHER ACTS. 
 
 165 
 
 city and the said municipalities are hereby authorized to pass 
 any further By-law or By-laws, and to amend, repeal and 
 enact the same for the purpose of carrying into effect any 
 such agreements or covenants, and containing all necessary 
 clauses, provisions, rules and regulations, for the conduct of 
 all parties concerned, and for the adjoining obedience there- 
 to, — and also for facilitating the running of the Company's 
 cars, and for regulating the traffic and conduct of all persons 
 travelling upon the streets and highways through which the 
 smd railway may pass ; Provided also, that no such further 
 By-law or By-laws shall infringe upon the privileges granted 
 to the said Company by the said By-law, number two hun- 
 dred and sixty-five, and by this Act. 
 
 15. This Act Jiall be deemed a Public Act. public Act. 
 
166 
 
 CITY CHARTER AND OTHER ACTS. 
 
 ACTS DELATING TO 
 
 THE RECORDER'S COURT. 
 
 CONSOLIDATED STATUTES— CANADA. 
 . (Chapter 105.) 
 
 An Act respecting the prompt and summary ^ 
 - administration of Criminal Justice in cer- 
 
 tain cases. 
 
 HER Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts 
 as follows : ' * 
 
 Power to Ke- 1. Where any person is charged before the Recorder of 
 
 corders to try ., •.! i • -ix i 
 
 persons guilty any City With having committed — 
 
 an amount not 1. Simple larceny, and the value of the whole of the pro- 
 doiiar, &c. perty alleged to have been stolen does not in the judgment of 
 such Recorder exceed one dollar ; or 
 
 2. With having attempted to commit larceny from the 
 person ; or 
 
 3. With simple larceny ; or 
 
 i' 4. With having committed an aggravated assault, by un- 
 lawfully and maliciously inflicting upon any other person, 
 either with or without a weapon or instrument, any grievous 
 bodily harm, or by unlawfully and maUciously cutting, stab- 
 bmg or wounding any other person ; or " 
 
 6. With having committed an assault upon any female 
 whatever, or upon any male child whose age does not in the 
 opinion of such Recorder exceed fourteen years, such assault 
 being of a nature which cannot in the opinion of the Recorder 
 be sufficiently punished by a summary conviction before him 
 under any other act, and such assault if upon a female not 
 amounting in his opinion to an assault with intent to commit 
 a rape ; or 
 
CITY CHARTER AND OTHER ACTS. 
 
 167 
 
 mary '' 
 a cer- 
 
 t of the 
 ,, enacts 
 
 order of 
 
 the pro- 
 3nt of 
 
 "rom the 
 
 ;, by un- 
 person, 
 grievous 
 ng, stab- 
 
 Accused to 1)0 
 asked whether 
 ho consents to 
 the charge 
 being tried 
 summarily. 
 
 6. With having assaulted any magistrate, bailiff, or coni- 
 stable, or other officer in the lawful performance of his duty, 
 or with intent to prevent the performance thereof; or 
 
 7. With keeping or being an inmate, or habitual frequenter 
 of any disorderly house, house of ill-fame, or bawdy house ; 
 
 Such Recorder may hear and determine the charge in a 
 summary way. 20 V., c. 27, s. 1, — 22 V., c. 27, s. 1, 
 (1858). 
 
 2. Whenever the Recorder before whom any person is 
 charged as aforesaid proposes to dispose of the case summarily 
 under the provisions of this Act, such Recorder, after ascer- 
 taining the nature and extent of the charge, but before the 
 formal examination of the witnesses for the prosecution, and 
 before calling on the party charged for any statement which 
 he may wish to make, shall state to such person the sub- 
 stance of the charge against him, and if it is in the election 
 of the person charged, shall then say to him these words, or 
 words to the like effect: Do you consent that the charge 
 against you shall be tried by me, or do you desire that it shall be 
 sent for trial by a jury at the (naming the Court at which 
 it could soonest be tried) ;" and if the persoii charged con- 
 sents to the charge being summarily tried and determined as 
 aforesaid, or if it is a case not within the election of the per- 
 son charged, the Recorder shall reduce the charge into writ- 
 ing, and read the same to such person, and shall then ask 
 him whether he is guilty or not of such charge ; 
 
 3. If the person charged confesses the charge, the Re- 
 corder shall then proceed to pass such sentence upon him as 
 may by law be passed, subject to the provisions of this Act, 
 in respect to such offence ; but if the person charged says 
 that he is not guilty, the Recorder shall then examine the 
 witnesses for the prosecution, and when the examination has 
 been completed, the Recorder shall inquire of the person 
 charged whether he has any defence to make to such charge, 
 and if he states that he has a defence, the Recorder shall 
 hear such defence, and shall then proceed to dispose of the 
 case summarily. 22 V., c. 27, s. 3. 
 
 4. In the case of larceny charged under the first, second 
 
 If lie consents ; 
 
 And admits \\i^ 
 guilt; 
 
 Or if he pleads 
 not guilty. 
 
 If convicted. 
 
168 
 
 CITY CHARTER AND OTHER ACTS. 
 
 I 
 
 Piinlnhmcnt. 
 
 Form of con- 
 viction, &c. 
 
 If not proved, 
 tliR case to be 
 (lismiascd. 
 
 Wlicn the case 
 may bo dealt 
 with in tlie 
 ordinary way. 
 
 or third sub-sections of the first section of this Act, if the 
 Recorder, after hearing the whole case for the prosecution and 
 for the defence, finds the charge proved, then such Recorder 
 shall convict the person charged and commit him to the 
 Common Gaol or House of Correction, there to be imprisoned, 
 with or without hard labour, for any period not exceeding 
 three months. 20 V., c. 27, s. 1. 
 
 5. Every such conviction and certificate respectively may 
 be in the forms A and B, in this Act, or to the like eflfect. 
 20 v., c. 27, s. 1. 
 
 6. If in any case the Recorder finds the offence not 
 proved, he shall dismiss the charge, and make out and 
 deliver to the person charged a certificate under his hand 
 stating the fact of such dismissal. 20 V., c. 27, s. 1. 
 
 7. When being in the election of the person charged he 
 does not consent to have the case heard and determined by 
 the Recorder, or in any case if it appears to the Recorder 
 that the offence is one which, owing to a previous conviction 
 of the person charged, is by law a felony, or if such Recorder 
 be of opinion that the charge is, from any other circum- 
 stances fit to be made the subject of prosecution by indict- 
 ment rather tban to be disposed of summarily, such 
 Recorder shall tleal with the case in all respects as if this 
 Act had not been passed. 20 V., c. 27, s. 1, — 22 V., c. 
 27, s. 3. 
 
 8. If upon the hearing of the charge such Recorder is of 
 opinion that there are circumstances in the case which render 
 it inexpedient to inflict any punishment, he may dismiss the 
 person charged without proceeding to a conviction. 20 V., 
 c. 27, s. 1,-22 v., c. 27, s. 2, No. 6. 
 
 9. Where any person is charged before any Recorder 
 with simple larceny of property exceeding in value one 
 dollar, or with stealing from the person, or with larceny as a 
 clerk or servant, and the evidence in support of the prose- 
 cution is in the opinion of the Recorder suflScient to put the 
 person charged on his trial for the offence charged, such 
 Recorder, if the case appear to him to be one which may 
 properly be disposed of in a summary way, and may be 
 
 Wlion the Re- 
 corder may dis- 
 migg tlie case 
 witliout con- 
 victing. 
 
 > How Recorder 
 to proceed 
 when certain 
 larcenies ex- 
 ceeding one dol- 
 lar are deemed 
 fit to be dealt 
 with sum- 
 marily. 
 
CITT CHARTER AND OTHER ACTS. 
 
 169 
 
 if the 
 on and 
 corder 
 to the 
 isoned, 
 seeding 
 
 ily may 
 1 eflfect. 
 
 ice not 
 )ut and 
 lis hand 
 
 1. 
 
 rged he 
 nined by 
 lecordev 
 Dnviction 
 Recorder 
 
 circum- 
 ►y indict- 
 ly, such 
 
 ,8 if this 
 
 2 V.,c. 
 
 rder is of 
 ;h render 
 [smiss the 
 20 V., 
 
 (Recorder 
 [alue one 
 ;eny as a 
 |he prose- 
 put the 
 jed, such 
 |hich may 
 may be 
 
 adequately punished by virtue of the powers of this Act, 
 shall reduce the charge into writing, and shall read it to the 
 said person, and shall then explain to him that he is not 
 obliged to plead or answer before such Recorder at all, and 
 that if he do not plead or answer before him, he will be com- 
 mitted for trial in the usual course. 20 Y., c. 27, s. 3. 
 
 10. The Recorder shall then ask whether he is guilty or 
 not of the charge, and if such person says that he is guilty, 
 such Recorder shall thereupon cause a plea of guilty to be 
 entered upon the proceedings, and shall convict him of the 
 offence, and commit him to the Common Gaol or House of 
 Correction, there to be imprisoned, with or without hard labour, 
 for any term not exceeding six months, and every such con- 
 viction may be in the form C, or to the like effect. 20 V., 
 
 If the accused 
 admits his guilt, 
 he may be con- 
 victed and sen- 
 tenced forth- 
 with. 
 
 C. 27, S. 3. 
 
 11. In every case of summary proceedings under this Act, 
 the person accused shall be allowed to make his full answer 
 and defence, and to have all witnesses examined and cross- 
 examined, by counsel or attorney. 20 V., c. 27, s. 4. 
 
 12. The Recorder before whom any person is charged 
 under this Act, may by summons require the. attendance of 
 any person as a witness upon the hearing of the case at a 
 time and place to be named in such summons ; and such 
 Recorder may bind by recognizance all persons whom he may 
 consider necessary to be examined touching the matter of 
 such charge, to attend at the time and place to be appointed 
 by him, and then and there to give evidence upon the hear- 
 ing of such charge ; And in case any person so summoned or 
 required or bound as aforesaid, neglects or refuses to attend 
 in pursuance of such summons or recognizance, then upon 
 proof being first made of such persons having been duly 
 summoned as hereinafter mentioned, or bound by recogmzance 
 as aforesaid, the Recorder before whom such person ought 
 to have attended may issue a warrant to compel his appear- 
 ance as a witness. 22 Y., c. 27, s. 4. 
 
 13. Every summons issued under this Act may be served 
 by delivering a «opy of the summons to the party summoned, 
 or by delivering a copy of the summons to some inmate of 
 
 w ♦ 
 
 Accused person 
 allowed full de- 
 fence, &o. 
 
 Recorder may 
 compel attend- 
 ance of wi(- 
 
 Summonsei, 
 how served. 
 
170 
 
 CITT CHARTER AND OTHER ACTS. 
 
 VTben the oon- 
 aent of the par^ 
 tj charged to bo 
 tried by tho Re- 
 corder not re> 
 quisite. 
 
 When consent 
 to be so tried 
 not necessary in 
 the case of sea- 
 Akring men. 
 
 such party's usual place of abode ; and every person so 
 required by any writing under the hand of any Recorder to 
 attend and give evidence as aforesaid, shall bu deemed to 
 have been duly summoned. 22 Y., c. 27, s. 5. 
 
 14. The jurisdiction of the Recorder in the case of any 
 person charged, within the police limits of any city in this 
 Province, with therein keeping or being an inmate or an ha- 
 bitual frequenter of any disorderly house, house of ill fame or 
 hawdy house, shall be absolute, and shall not depend on the 
 consent of the party charged to be tried by such Recorder, 
 nor shall such party be asked whether he consents to ^d so 
 tried. 22 V., c. 27, s. 2, No. 1. 
 
 15. The jurisdiction of the Recorder shall also be absolute 
 in the case of any person, being a seafaring person and only 
 transiently in this Province, and having no permanent domi- 
 cile therein, charged, either within the City of Quebec as 
 limited for the puiposes of the Police ordinance, or within the 
 City of Montreal as so limited, with the commission therein 
 of any other of the oflfences mentioned in the last preceding 
 section, and such jurisdiction shall not depend on the consent 
 of any such party to be tried by the Recorder, nor shall such 
 party be asked whether he consents to be so tried. 22 V., 
 0. 27, s. 2, No. %—See 2 V., c. 2, L. C. 
 
 16. In any case summarily tried under the fourth, fifth, 
 sixth or seventh sub-sections of the first section of this Act, 
 if the Recorder finds tho charge proved, he may convict the 
 person charged and commit him to the Common Gaol or House 
 of Correction, there to be imprisoned with or without hard 
 labour for any period not exceeding six months, or may 
 condemn him to pay a fine not exceeding, with the costs in 
 the case, one hundred dollars, or to both fine and imprison- 
 ment, not exceeding the said period and sum ; and such fine 
 may be levied by warrant of distress under the hand and 
 seal of such Recorder, or the party convicted may be con- 
 deiniiefl 'in addition to any other imprisonment on the same 
 cou.icti n) to be committed to tho Common Gaol, for a fur- 
 ther period not exceeding six months unless such fine bo 
 sooner paid. 22 Y ., o. 27, s. 2, No. 8. 
 
 Punishment 
 in cases sum- 
 marily tried 
 under the 4th 
 to the 7th sub- 
 sections of sec- 
 tion one. 
 
 LarytBff ilne. 
 
 lapriMnment 
 tr not paid. 
 
 tho 
 
CITY CHARTER AND OTHER ACTS. 
 
 171 
 
 17. In such cases as last aforesaid, the forms given at 
 the end of this Act, shall be altered by omitting the words 
 stating the consent of the party to be tried before the Recorder, 
 and by adding the requisite words stating the fine imposed 
 (if any) and the imprisonment (if any) to which the party 
 convicted is to be subject if the fine be not sooner paid. 22 
 v., c. 27, 8. 2, No. 4. 
 
 18. Where any person is charged before any Justice or 
 Justices of the Peace, with any offence mentioned in this Act, 
 and in the opinion of such Justice or Justices, the case may 
 be proper to be disposed of by a Recorder, or by an Inspec- 
 tor and Superintendent of the Police, or by a Police Magis- 
 trate, as herein provided, the Justice or Justices before whom 
 such person is so charged may, if he or they see fit, remand 
 such person for further examination before the Recorder or 
 before the Inspector and Superintendent of the Police of the 
 nearest city, or before the nearest Police Magistrate, in like 
 manner in all respects as a Justice or Justices are authorized 
 to remand a party accused under the general Act respecting 
 the duties of Justices of the Peace out of sessions in like cases. 
 20 v., c. 27, 8. 5. 
 
 19. No Justice or Justices of the Peace in Upper Canada, 
 shall so remand any person for further examination before 
 any Recorder, Inspector and Superintendent of Police, or 
 Police Magistrate in Lower Canada, nor shall any Justice or 
 Justices of the Peace in Lower Canada so remand any per- 
 son for further examination before any Recorder or Police 
 Magistrate in Upper Canada. 20 V., c. 27, s. 6. 
 
 20. Any person so remanded for further examination 
 before the Recorder of any city, may be examined and dealt 
 with by the Inspector and Superintendent of the Police or 
 Police Magistrate of the same city ; and any person so 
 remanded for furihor examination before the Inspector and 
 Superintendent of the Police or tho Police Maaiistrato of any 
 city, may bo examined and dealt with by the Recorder of 
 tho same city. 20 V., c. 27, s. 6. 
 
 21. If any person suffered to go at large upon onLoring 
 into such recognizance as the Justice or Juotices are autho- 
 
 Forms mity b« 
 altered to suit 
 the last scctluD 
 
 When J. 1'. 
 may remand 
 accused party 
 to be dealt with 
 by a Recorder, 
 
 But within U. 
 C. or L. (!., aa 
 the case may be. 
 
 Such party may 
 1)0 dealt with by 
 tho Kocorder or 
 I'olico Magi*- 
 trate. 
 
 rroooodinft* il 
 iinrty remanded 
 iUll tu appear 
 
172 
 
 CITY CHARTER AND OTHER ACTS. 
 
 pursuant to ro- rizod undor tho last mentioned Act to take, on the remand of 
 a party accusod conditioned for his appearance before a 
 Recorder under tho preceding sections of this Act, does not 
 afterwards appear pursuant to such recognizance, then the 
 Recorder before whom he ought to have appeared shall cer- 
 tify (under his hand) on the back of the recognizance, to 
 the Clerk of the Peace of the District in Lower Canada, or 
 County or Union of Counties in Upper Canada, the fact of 
 such non-appearance, and such recognizance shall be pro- 
 ceeded upon in like manner as other recognizances, and such 
 certificate shall be deemed sufficient primd facie evidence of 
 such non-appearance. 20 V., c. 27, s. 6. 
 Convictions 22. Tho Rccordcr adjudicating under this Act shall trans- 
 
 ccwdinga^uifdor mit tho conviction, or a duplicate of a certificate of dismissal, 
 returned to with the written charge, the depositions of witnesses for the 
 prosecution and for the defence, and tho statement of the 
 accused, to the next Court of Quarter Sessions for tho Dis- 
 trict in Lower Canada, or the County or union of Counties 
 in Upper Canada, there to be kept by the proper officer 
 among the records of the Court. 20 V., c. 27, s. 7. 
 
 23. A copy of such conviction, or of such certificate of 
 dismissal, certified by the proper officer of the Court, or 
 proved to be a true copy, shall be sufficient evidence 
 to prove a conviction or dismissal for the offence men- 
 tioned therein, in any legal proceeding whatever. 20 V., 
 c. 27, s. 7. 
 
 24. The Recorder, by whom any person has been con- 
 victed under this Act, may order restitution of the property 
 stolen, taken or obtained by false pretences, in those cases in 
 which the Court, before whom the person convicted would 
 have been tried but for this Act, might by law order restitu- 
 tion. 20 v., c. 27, s. 8. 
 
 25. Every Recorder's Court, for the purposes of this Act, 
 shall be an open public Court ; and a written or printed notice 
 of the day and hour for holding such (^ourt, shall bo posted 
 or affixed by the Clerk of the said Court upon the outside of 
 some conspicuotis part of tho building or place where the 
 same is held. 20 V., c. 27, a. 9. 
 
 Copy of such 
 conviction to 
 be evidence. 
 
 Restitution of 
 tlio propiTtv 
 ■tolon Miny do 
 ordered. 
 
 Ri>corder's 
 Court to be an 
 open public 
 Court. 
 
CITY CHARTKR AND OTHER ACTS. 
 
 178 
 
 26. Tho provisions of the Act respecting the duties of 
 Justices of tho Peace out of session, in relation to summary 
 convictions and orders, and the provisions of the Act respect- 
 ing the duties of Justices of the Peace out of sessions in rela- 
 tion to persons charged with indictable offences, shall not bo 
 construed as applying to any proceeding under this Act. 20 
 v., 1. 27,8. 10. 
 
 27. Every conviction by a Recorder under this Act shall 
 have tho same effect as a conviction upon indictment for the 
 same offence would have had, save that no conviction under 
 this Act shall be attended with forfeiture. 20 V., c. 27, s. 11. 
 
 28. Every person who obtains a certificate of lismissal or 
 is convicted under this Act, shall be released from all further 
 or other criminal proceedings for the same cause. 20 V., c. 
 27, 8. 12. 
 
 29. No conviction, sentence or proceeding under this Act 
 shall be (piashcd for want of form ; and no warrant of com- 
 mitment upon a conviction shall be held void by reason of any 
 defect therein, if it be therein alleged that tho offender has 
 been convicted, and there be a good and valid conviction to 
 sustain the same. 20 V., c. 27, s. 13. 
 
 80. Tho Inspector and Superintendent of Police for the 
 City of Quebec, the Inspector and Superintendent of Police 
 for the City of Montreal, and tho Police Magistrate for any 
 city in Upper Canada, sitting in open Court, may respectively, 
 in the case of persons -iiargcd before them, do all acts by 
 this Act authorized to be done by llecorders ; and all the 
 provisions of this Act referring to llecorders and llecorders' 
 Courts und tho Clerks of tho Recorders' Courts, shall bo 
 read and construed also as referring to such Inspectors and 
 Superintendents of tho Police and Police Magistrates and the 
 Courts and the Clerks of tho Courts held by them respec. 
 tively, and us giving them full power to do all acts authorized 
 to be done by Recorders in the case of persons charged 
 before tliem respectively. 20 V., c. 27, s. 14. 
 
 81. All tlie jurisdiction and powers vested in the Recorder 
 of any city are hereby conferred upon and vested in any two 
 or more Jtistices of tho Peace for any district in Lower 
 
 Tho Acti rc- 
 
 HpOCtillK (IlltlOM 
 
 ot <l. I'H. not to 
 iipply to pro- 
 cci'din^K uiitlur 
 thin Act. 
 
 Kflbctofcoiivlc- 
 tioii uniler IIiIh 
 Act. 
 
 A cortillcato of 
 (liHniiHflnt or u 
 convictliin, a 
 bar to fiirlliRr 
 procoediiigH. 
 
 Convict ioim, 
 &c., not to li<> 
 (lunxlioil for 
 wttut of form. 
 
 .TiirlHdiction of 
 ItccordiTH ex- 
 li'ndcd to In- 
 
 HIH.'CtorH of 
 
 l'oli(!i> iind 
 I'olico MagiH- 
 trutc'8. 
 
 I'owcfd of Ho. 
 ciirdcr vented In 
 two .J. I'h.— or 
 In Hiicrinii, Ac 
 In L. <;. 
 
174 
 
 CITT CHARTBR AND OTHER ACTS. 
 
 Slicrifik exer- 
 cising Jurisdic- 
 tion as aforesaid 
 to be attended 
 by certain offi- 
 cers. 
 
 
 Canada when present at the chef-lieu thereof, and there sit- 
 ting in open Court, aiiu upon and in the Sheriff of any district 
 in Lower Canada, (other than the Districts of Quebec and 
 Montreal,) and upon and in any Deputy Sheriff in the Dis- 
 trict of Gasp^, sitting in open Court ; But the jurisdiction and 
 powers aforesaid shall not be exercised by any two or more 
 Justices of the Peace or Sheriff in any new district until such 
 district has been established as such for all purposes of the 
 administration of justice in criminal as well as civil matters, 
 under a proclamation of the Governor to that effect. 22 V., 
 c. 27, ss. 6, 10. 
 
 32. The Sheri£& of such districts as aforesaid in Lower 
 Canada, or any Deputy Sheriff in the District of Gasp^, when 
 sitting or acting under the provisions of this Act, shall be as- 
 sisted, attended and obeyed by the Clerk of the Peace, 
 Bailiffs, Constables and other Officers of such districts re- 
 spectively, in the same manner as Justices of the Peace in 
 and for the said districts respectively, would be attended, 
 assisted and obeyed by them respectively, under the same or 
 similar circumstances ; and the Clerk of the Peace for each 
 such district shall be and act as the Clerk of the Court of the 
 Sheriff of such district under the provisions of this Act and of 
 the Act hereby amended. 22 V., c. 27, s. 7. 
 
 33. The Recorders of the Cities of Quebec and Montreal 
 respectively, have been and are, by virtue of their offices. 
 Justices of the Peace for the judicial districts in which the 
 said cities are respectively situate, and vested with all the 
 powers and authorities, within the limits of their respective 
 jurisdictions, of any one or two Justices of the Peace, as the 
 case may require. 22 V., c. 27, s. 9. 
 
 84. Nothing in this Act shall affect the provisions of the 
 Act, Respecting the Trial and Ptmishment of Juvenile 
 offenders ; and this Act shall not extend to persons punish- 
 able under that Act, so far as regards offences for which such 
 persons may bo punished thereunder. 20 V., c. 27, a. 15. 
 
 85. Every fine imposed under the authority of this Act 
 shall be paid to the Recorder, Superintendent of Police, 
 Sheriff, Deputy Sheriff or Justice of the Peace, who ha" 
 
 liccordera of 
 Quebec and 
 Montreal de- 
 clared to bo 
 J. !•». 
 
 This Act not to 
 extend tu Act 
 respecting 
 Juvenile 
 olR>nderH. 
 
 I'aymcnt and 
 a|i|ilicatlon of 
 Hues. 
 
OITT CHARTER AND OTHER ACTS. 
 
 176 
 
 here sit- 
 
 f district 
 
 »bec and 
 
 the Dis- 
 
 cdon and 
 
 or more 
 
 mtil such 
 
 es of the 
 
 matters, 
 
 . 22 V., 
 
 in Lower 
 sp^, when 
 lall be as- 
 le Peace, 
 stricts re- 
 Peace in 
 attended, 
 le same or 
 e for each 
 3urt of the 
 ^ct and of 
 
 Montreal 
 eir offices, 
 which the 
 th all the 
 respective 
 ice, as the 
 
 imposed the same, or to the Glork of the Recorder's Court 
 or Clerk of the Peace, as the case may be, and shall be by 
 him or them paid over to the County Treasurer for county 
 purposes if it has been imposed in Upper Canada, — and if it 
 has been imposed in any new district in Lower Canada con- 
 stituted by any Act of the session held in 1857, or passed in 
 any subsequent session, then to the Sheriff of such district 
 as treasurer of the Building and Jury Fund for such district, 
 to form part of the said fund, — and if it has been imposed in 
 any other district in Lower Canada, then to the Prothonotary 
 of such district to be by him applied under the direction of 
 the Governor in Council, towards the keeping in repair of the 
 Court House in such district, or to be by him added to tbe 
 moneys and fees collected by him for the erection of a Court 
 Kov^e and Gaol in such district, so long as such fees shall 
 be collected to defray the cost of such erection. 22 Y., c. 
 27, s. 8. 
 
 S6. In the interpretation of this Act " property " shall be intorpretauon 
 construed to include every thing included under the words 
 " chattel, money, or valuable security," as used in the Act 
 respectmg offences against Person and Property ; and in 
 case of any " valuable security, " the value of the share, 
 interest or deposit to which the security may relate, or of 
 the money due thereon, or secured thereby, and remaining 
 unsatisfied, or of the goods or other valuable thing mentioned 
 in the warrant or order, shall be deemed to bo the value of 
 such security. 20 V., c. 27, s. 16. 
 
 ons of the 
 Juvenile 
 
 ns punish- 
 
 which such 
 27, 8. 15- 
 this Act 
 
 of Police, 
 who has 
 
176 
 
 CITY CHARTER AND OTHER ACTS. 
 
 FORM (A). See s. 5. 
 
 it: ( 
 
 CONVICTION. 
 
 To wit 
 
 Be it remembered that on the day of , 
 
 in the year of our Lord , at , A. B., 
 
 being charged before me the undersigned , of the said 
 
 city, and consenting, to my deciding upon the charge summa- 
 rily, is convicted before me, for that he the said A. B., &c., 
 (^stating the offence, and the time and place when and where 
 committed^ ; and I adjudge the said A. B., for his said 
 offence, to be imprisoned in the (and there 
 
 kept to hard labour) for the space of 
 
 Given under my hand and seal, the day and year first 
 above mentioned, at aforesaid. 
 
 J. S. [L. S,] 
 
 u 
 
 
 FORM (B). See a. 6. 
 
 CERTIFICATE OP DISMISSAL. 
 
 To wit : I 
 
 1, the undersigned, , of the City 
 
 of * , certify that on the day of 
 
 in the year of our Lord , at 
 
 aforesaid, A. B., behig charged before mo and consenting 
 to my deciding u|X)h the charge summarily, for that ho the 
 
CITY CHARTER AND OTHER ACTS. 
 
 177 
 
 said A. B.,,&c., (stating the offence charged^ and the time 
 and place when and where alleged to have been eommitted^^ 
 I did, having summarily adjudicated thereon, dismiss the 
 said charge. 
 
 Given under my hand and seal, this 
 day of • , at aforesaid. 
 
 J. S. [L. S.] 
 
 FORM (C). See s. 10. 
 
 CONVICTION UPON A PLEA OP GUILTY. 
 
 To wit : 
 
 Be it remembered that on the day of , 
 
 in the year of our Lord , at , A. B., 
 
 being charged before me the undersigned , of the said 
 
 city, for that he the said A. B., &c., (stating the offence^ 
 and the time and place when and where committed,^ and 
 pleading guilty to such charge, ho is thereupon convicted 
 before me of tho said offence ; arxl i adjudge him the said 
 A. B., for his said oflFcnce, to be imprisoned in the 
 (and there kept to hard labour) for the space of 
 
 Given under my 
 above mcnlioncd, at 
 
 hand and seal, the day and year 
 aforesaid. 
 
 first 
 
 J. S. [L. S.] 
 
178 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Fenons of not 
 mora than 16 
 yean of age, 
 oommitting cer- 
 tain offbnces, 
 majr bo summa- 
 rilf convicted 
 b)r two Justices. 
 
 If oflbnoe not 
 
 E roved, case to 
 B dismissed. 
 
 Form of oertifl- 
 oate. 
 
 CONSOLIDATED STATUTES— CANADA. 
 (Chapter 106.) 
 
 An Act respecting the Trial and Punishment 
 of Juvenile Offenders. 
 
 HER Majesty, by and with the advice and consent of the . 
 Legislative Council and Assembly of Canada, enacts ad 
 follows : 
 
 1. Every person charged with having committed or having 
 attempted to commit, or with having been an aider, abettor, 
 counsellor or procurer in the commission of any offence which 
 is simple larceny, or punishable as simple larceny, and whose 
 age at the period of the commission or attempted commission 
 of such offence does not, in the opinion of the Justice before 
 whom he is brought or appears as hereinafter mentioned, 
 exceed the age of sixteen years, shall, upon conviction thereof, 
 in open Court, upon his own confession or upon proof, before 
 two or more Justices of the Peace for any district in Lower 
 Canada, or city, county, or union of counties in Upper 
 Canada, be committed to the Common Gaol or House of 
 Correction within the jurisdiction of such Justices, there to 
 be imprisoned with or without hard labour, for any terra not 
 exceeding three months, or, in the discretion of such Justices, 
 shall forfeit and pay such sum, not exceeding twenty dollars, 
 as the said Justices may adjudge. 20 V., c. 29, s. 1. 
 
 2. If such Justices, upon the hearing of any such case, 
 deem the offence not proved, or that it is not expedient to 
 inflict any punishment, they shall dismiss the party charged 
 on finding surety for his future good behaviour, or without 
 sureties, and then make out and deliver i > the party charged, 
 a certificate under the hands of such Justices stating the 
 fact of such dismissal. 25 V., c. 29, s. 1. 
 
 3. Such certificate shall be in the form or to the effect set 
 forth in the form following : 
 
0IT7 CHARTER AND OTHER ACTS. 
 
 179 
 
 V. 
 
 hinent 
 
 nt of the . 
 enacts ad 
 
 or having 
 •, abettor, 
 nee which 
 and whose 
 ommission 
 bice before 
 nentioned, 
 on thereof, 
 3of, before 
 in Lower 
 Upper 
 House of 
 there to 
 term not 
 1 Justices, 
 ity dollars, 
 
 1. 
 
 such case, 
 xpedient to 
 ty charged 
 or without 
 ty charged, 
 stating the 
 
 We, , of Her Majesty's Justices 
 
 To wit : S of the Peace for the , of , 
 
 (or if a Recorder, &c., under section seven, I, a » 
 
 of the of , a« the case may he') do hereby 
 
 certify, that on the day of , in the year 
 
 of our Lord , at , in the said of 
 
 , M. N. was brought before us the said Justices 
 (or me the said ) charged with the following offence, 
 
 that is to say : (here state hriejly the particular of the charge) , 
 and that we the said Justices (or I, the said ,) • 
 
 thereupon dismissed the said charge. 
 
 Given under our hands (or my hand) this day of 
 20 v., c. 29, s. 1. 
 
 4. If such Justices be of opinion, before the person case may be 
 charged has made his defence, that the charge is from any Jusu'ces tKtnk 
 circumstance a fit subject for prosecution by indictment, or 
 
 if the person charged, upon being called upon to answer the 
 charge, objects to the case being summarily disposed of under 
 the provisions of this Act, such Justices shall, instead of sum*- 
 marily adjudicating thereupon, deal with the case in all 
 respects as if this Act had not been passed. 20 V.,c. 29^ 
 s. 1. 
 
 5. The Justices before whom any person is charged and Justices to give 
 proceeded against under this Act, before such person is asked tho option «>f a 
 whether he has any cause to shew why he should not be con 
 victed, shall say to the person so charged, these words, or 
 words to the like effect : 
 
 " We shall have to hear what you wish to say in answer 
 " to the charge against you; but if you wish to be tried by a 
 " Jury, you must object now to our deciding upon it at once." 
 And if such person, or a parent or guardian of such person, 
 then objects, such person shall be dealt with as if this Act 
 had not been passed. 20 V., c. 29, s. 2. 
 
 6. Any two or more Justices of the Peace, for any district I'ower to.i. f« 
 
 trial by Jury 
 
 le 
 
 effect set 
 
 • x /^j /• 'i i. ,.• p to hear and d^ 
 
 in Lower Canada, or tor any city, county or utuon of coun- termiue. 
 ties in Upper Canada, sitting in open Court, before whom 
 any such person, as aforesaid, charged with any offence made 
 
180 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Same power to 
 Ilocorder, &c., 
 and certain 
 other flinotion- 
 arieg. 
 
 punishable under this Act, is brought or appears, may hear 
 and determine the case under the provisions oC this Act. 
 20 v., c. 29, s. 3. 
 
 7. The Recorder, Inspector and Superintendent of Police, 
 of either of the Cities of Quebec or Montreal, the Sheriff of 
 any district in Lower Canada, other than the Districts of 
 Quebec and Montreal, any Deputy Sheriff in the District of 
 Gaap^, any Judge of a County Court in Upper Canada, 
 being a JusticiD of the Peace, any Recorder of a city in 
 Upper Canada being a Justice of the Peace, any Police 
 Magistrate in Upper Canada, and any Stipendiary Magis- 
 trate in Upper Canada, sitting in open Court, and having by 
 law the power to do acts usually required to be done by two 
 or more Justices of the Peace, may and shall, within their 
 respective jurisdictions, hear and determine every charge 
 under this Act, and exercise all the powers herein contained, 
 in like manner and as fully and effectually as two or more 
 Justices of the Peace can or may do by virtue of this Act. 
 20 v., c. 29, s. 3. 
 
 8. The Sheriflfe of such districts as aforesaid respectively, 
 and any Deputy Sheriff in the District of Gasp6, when sitting 
 or acting under the provisions of this Act, shall bo assisted, 
 attended and obeyed by the Clerks of the Peace, Bailiffs, 
 Constables and other OflScers of such districts respectively, 
 in the same manner as Justices of the Peace in and for the 
 S£dd districts respectively would be assisted, attended and 
 obeyed by them respectively, .under the same or similar 
 circumstances ; and the Clerk of the Peace of each such 
 district shall be and act as the Clerk of the Court of the 
 Sheriff of such district, under the provisions of this Act. 
 20 v., c. 29, s. 4. 
 
 9. Every person obtaining such certificate of dismissal as 
 aforesaid, and every person convicted under the authority of 
 this Act, shall be released from all further or other proceed- 
 ings for the same cause. 20 V., c. 29, s. 5. 
 
 10. In case any person whose age is alleged not to exceed 
 sixteen years be charged with any such offence, on the oath 
 of a credible witness before any Justice of the Peace, such 
 
 Sheriffs, when 
 »ittihK under 
 this Act, to bo 
 attended by 
 Clerks of the 
 Peace. 
 
 Certificate of 
 diemigeal, or 
 a conviction, a 
 bar to flirthor 
 proceedings. 
 
 Mode of com- 
 pelling appear- 
 ance of person 
 punishable on 
 summary con- 
 viction. 
 
y hear 
 8 Act. 
 
 Police, 
 leriff of 
 ricts of 
 atrict of 
 Canada, 
 
 city in 
 ' Police 
 
 Magi&- 
 iving by 
 3 by two 
 lin their 
 J charge 
 Mitained, 
 
 or more 
 this Act. 
 
 )cct3vely, 
 on sitting 
 assisted, 
 , Bailiffs, 
 pectively, 
 d for the 
 nded and 
 )r similar 
 jach such 
 irt of the 
 this Act. 
 
 smissal as 
 ithority of 
 r proceed- 
 to exceed 
 the oath 
 jace, such 
 
 CITY CHAllTER AND OTHER ACTS. 
 
 181 
 
 Justice may issue his summons or warrant to summon or to 
 apprehend the person so charged to appear before any two 
 Justices of the Peace, at a time and a place to be named in 
 such summons or warrant. 20 V., c. 29, s. 6. 
 
 11. Any Justice or Justices t)f the Peace, if he or they 
 think fit, may remand for further examination or for trial, or 
 suffer to go at large upon his finding sufficient sureties, any 
 such person charged before him or them with any such offence 
 as aforesaid. 20 V., c. 29, s. 7. 
 
 12. Every such sUrety shall be bound by recognizance to 
 be conditioned for the appearance of such person before the 
 same or some other Justice or Justices of the Peace for 
 further examination, or for trial before two or more Justices 
 of the Peace as aforesaid, or for trial at some Superior Cri- 
 minal Court, as the case may be. 20 V., c. 29, s. 7. 
 
 13. Every such recognizance may be enlarged from time 
 to time by any such Justice or Justices or Court to such 
 further time as he or they appoint ; and every such recogni- 
 zance not so enlarged shall be discharged without fee or 
 reward when the party has appeared according to the con- 
 dition thereof. 20 V., c. 29, s. 7. 
 
 14. Every fine imposed under the authority of this Act, 
 shall be paid to the Justices who impose the same, or to the 
 Clerk of the Recorder's Court, or the Clerk of the County 
 Court, or the Clerk of the Peace, as the case may be, and 
 shall be by him or them paid over to the County Treasurer 
 for county purposes, if the same was imposed in Upper 
 Canada, and if it was imposed in any new district in Lower 
 Canada, then to the Sheriff of such district as Treasurer of 
 the Building and Jury Fund for such district, to form part 
 of the said fund, and if it was imposed in any other district 
 in Lower Canada, then to the Prothonotary of such district, 
 to be by him applied, under the direction of the Governor in 
 Council, towards the keeping in repair of the Court House 
 in such district, or to be by him added to the moneys or 
 fees collected by him, for the erection of a Court House or 
 Gaol in such district, so long as such fees are collected to 
 defray the cost of such erection. 20 V., c. 29, s. 8. 
 
 Power to one 
 Juiitice to re* 
 mand or take 
 bail. 
 
 Condition of 
 recognizance. 
 
 Recot;nizancn 
 may be en- 
 larged. 
 
 Application 
 ot flues. 
 

 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 
 
 1.1 
 
 11.25 
 
 1^121 125 
 £> Lfi 12.0 
 
 
 Photographic 
 
 Sciences 
 
 Corporation 
 
 33 wnT MAIN STRUT 
 
 WIUTM.N.Y. 14SM 
 
 (7U) 173-4503 
 

182 
 
 OITT CHARTER AND OTHER ACTS. 
 
 AnyJasticeof 
 the Peace m^r 
 ■ommon wit- 
 ; 
 
 And bind by 
 reoogniauiee. 
 
 Ineaaeofre- 
 ftiml, JuBtioe 
 may compel 
 attendance of 
 witness. 
 
 How summons 
 n^ayJlM served. 
 
 Form of con- 
 viellon. 
 
 15. Any Justice of the Peace shall, by summons, require 
 the attendance of any person as a witness upon the hearing 
 of any case before two Justices under the authority of this 
 Act, at a time and place to be named in such summons. 20 
 v., c. 29, 8. 9. . 
 
 16. Any such Justice may require and bind by recogni- 
 zance all persons whom he considers necessary to be examined 
 touching the matter of such charge, to attend at the time 
 and place to be appointed by him, and then and there to 
 give evidence upon the hearing of such, charge. 20 Y., o. 
 29, s. 9. 
 
 17. In case any person so summoned or required or bound 
 as aforesaid, neglects or refuses to attend in pursuance of 
 such summons or recognizance, then upon proof being first 
 given of such person's having been duly summoned as here- 
 inafter mentioned, or bound by recognizance as aforesaid, 
 either of the Justices before whom any such person ought to 
 have attended, may issue a warrant to compel his appearance, 
 as a witness. 20 V., c. 29, s. 9. 
 
 18. Evoiy summons issued under the authority of this Act, 
 may be served by delivering a copy thereof to the party, or 
 to some inmate at such party's usual place of abode, and 
 every person so required by any writing under the hand or 
 hands of any Justice or Justices to attend and give evidence 
 as aforesaid, shall be deemed to have been duly summoned. 
 20 v., c. 29, s. 10. 
 
 19. The Justices before whom any person is summarily 
 convicted of any such offence as hereinbefore mentioned, 
 may cause the conviction to be drawn up in the following 
 form or in any other form of words to the same effect, that is 
 to say: 
 
 Be it remembered that on the 
 To wit : \ day of , in the year of our 
 
 Lord one thousand eight hundred and > ^^ 
 
 , in the District of , 
 
 (county or united counties, &;c., as the cote may he) A. 
 0. is convicted before us, J. P. and J. R., two of Her 
 
OITT dHARTBR AND OTHER ACTS. 
 
 188 
 
 or 
 
 of our 
 ,at 
 
 \e) A. 
 If Her 
 
 Majesty's Justices of the Peace for the said district (&r « 
 city, &c.,) or me, S. J., Reicorder , of the 
 
 of yor 08 the ease may be") 
 
 for that he the su^ A. O. did (^specify the offence and the * 
 time and place when and where the tame was committedj as . 
 the case may he, but without setting forth the evidence"), and 
 we, the said J. P. and J. R. (^or I the said S. J.)> adjudge 
 the said A. 0. for his said offence to be imprisoned in the 
 
 (^or to be imprisoned in the 
 , and there kept at hard labour 
 for the space of , (or we (or I) adjudge 
 
 the said A. 0. for his said offence to forfeit and pay 
 
 ,) (here state the penalty actually imposed,') 
 and in default of immediate payment of the said sum, to.be 
 imprisoned in the ' (or to be imprisoned 
 
 in the , and there kept to hard labour) 
 
 for the space of , unless the said sum 
 
 shall be sooner paid. 
 
 Given under our hands and seals (or my hand and seal) 
 
 the day and year first above mentioned. 
 
 • 
 
 And tho conviction shall be goad and effectual to all intents 
 and purposes. 20 Y., c. 29, s. 11. 
 
 20. No such conviction shall be quashed for want of form, conrtoHoni 
 or be removed, by certiorari or otherwise, mto any of Her defect, ao. 
 Majesty's Superior Courts of Record ; and no warrant of 
 commitment shall be held void by reason of any defect there- 
 in, provided it be therein alleged that the party has been Nor oommiu 
 convicted, and there be a good and valid conviction to sus- 
 tain the same.' 20 V., c. 29, s. 12. 
 
 2t. The Justices of the Peace before whom any person is conviotionsty 
 convicted under the provisions of this Act, shall forthwith to cieriu of the 
 transmit the conviction and recognizances to the Clerk of the 
 Peace for the District in Lower Canada, or for the city, 
 county or union of counties in Upper Canada, wherein the 
 offence was committed, there to be kept by the proper officer 
 among the records of the Court of General Quarter Sessions 
 of the Peace. 20 V., c. 29, s. 13. 
 
184 
 
 OITT CHARTER AND OTHER ACTS. 
 
 Who sball make 
 Quarterly r* 
 turn, &o., to 
 the Provincial 
 Secretary. 
 
 No fDifeitnre 
 on eonrlotion. 
 
 But restitution 
 may be made. 
 
 Ifsueta pro* 
 perty is not 
 forthcoming, 
 *0. 
 
 The party so 
 ordered to pay 
 may be «aea, 
 *0. 
 
 Recovery of 
 ponaltlet. 
 
 Committal fbr 
 non-payment. 
 
 22. Each such Clerk of the Peace shall transmit to the 
 Provincial Secretary a quarterljc return of the names, oifences 
 and punishments mentioned in the convictions, with such other 
 particulars as may from time to time be required. 20 Y., c. 
 29, s. 13. 
 
 23. No conviction under the authority of tlus Act shall t>e 
 attended with any forfeiture ; but whenever any person is 
 deemed guilty under the provisions of this Act, the presiding 
 Justices may order restitution of the property in respect of 
 which such offence was committed, to the owner thereof or his 
 representatives. 20 V., c. 29, s. 14. 
 
 24. If such property be not then forthcoming, the- same 
 Justices, whether they award punishment or dismiss the com- 
 plaint, may inquire into and ascertain the value thereof in 
 money, and if they think proper, order payment of such sum 
 of money to the true owner, by the person convicted, either 
 at one time or byi instalments at such periods as the Court 
 deems reasonable. 20 Y., c. 29, s. 14. 
 
 ' 25. The party so ordered to pay, may be sued for the samff 
 as a debt in any Court in which debts of the like amount may 
 be by law recovered, with costs of suit, according to the prac- 
 tice of such Court. 20 Y., c. 29, s. 14. 
 
 26. Whenever any Justices of the Peace adjudge any 
 offender to forfeit and pay a pecuniary penalty under the 
 authority of this Act, and such penalty is not forthwith paid, 
 such Justices, if they deem it expedient, may appoint some 
 future day for the payment thereof, and order the offender to 
 be detained in safe custody until the day so to be appointed, 
 unless such offender gives security to the satisfaction of such 
 Justices for his appearance on such day, and suc^ Justices may 
 take such security by way of recognizance or otherwise at 
 their discretion. 20 Y., c. 5^9, s. 16. 
 
 27. If at the time so appointed such penalty has not been 
 paid, the same or any other Justices of the Peace may, by 
 warrant under their hands and seals, commit the offender to 
 the Common Gaol or House of Correction within their juris- 
 diction, there to remain for any time not exceeding three 
 months, reckoned from the day of such adjudication ; such 
 
CITY CHARTEB AND OTHER ACTS. 
 
 185 
 
 Exponaes of 
 
 groseoutioD, 
 ow to -be paid. 
 
 imprisonment to cease on payment of the said penalty. 20 Y;, 
 c. 29, s. 15. . 
 
 28. The Justices of the Peace before whom any person is 
 prosecuted or tried for any offence cognizable under this Act, 
 may, at their discretion, at the request of the prosecutor or of 
 any other person who appears on recognizance or summons to 
 prosecute or give evidence against such person, order pay- 
 ment to the prosecutor and witnesses for the prosecution of 
 such sums of money as to them seem reasonable and sufficient, 
 to reimburse such prosecutor and witnesses for the expenses 
 they have severally incurred in attending before them, and 
 in otherwise carrying on such prosecution, and also compen- 
 sate them for their trouble and loss of time therein, and to 
 order payment to the Constable and other Peace Officers for 
 the apprehension* and detention of any person so charged. 
 20 v., c: 29, s. 16. 
 
 29. And although no conviction takes place, the said Jus- 
 tices may order all or any of the payments aforesaid, when 
 the^ are of opinion that the parties or any of them have 
 acted bond fide. 20 V., c. 29, s. 16. 
 
 80. The amount of expenses of attending before the exam- 
 ining Justices and the compensation for trouble and loss of 
 time therein, and the allowances to the Constables and other 
 Peace Officers for the apprehension and detention of the offen- 
 der, and the allowances to be paid to the prosecutor, witnesses 
 and Constables for attending at the trial or examination of the 
 offender, shall be ascertained by and certified under the 
 hands of such Justices ; but the amount of the costs, charges 
 and expenses attending any such prosecution, to be allowed 
 and paid as aforesaid, shall not in any one caae exceed the sum 
 of eight dollars. 20 V., c. 29, s. 16. 
 
 81. Every such order of payment to any prosecutor or 
 other person, after the amount thereof has been certified by 
 the proper Justices of the Peace as aforesaid, shall be forthwith 
 made out and delivered by the said Justices or one of them, 
 or by the Clerk of the Recorder's Court, Clerk of the County 
 Court or Clerk of the Peace, as the case may be, unto such 
 prosecutor or other person, upon such Clerk being paid for 
 
 If thoro bo no 
 conviotion. 
 
 Amount of ex- 
 pon808, how 
 agoertained 
 and oortifled. 
 
 Orders fbr pay- 
 ment, how to bo 
 mado, and upon 
 whom. 
 
186 
 
 OITT CHARTER AND OTHBR ACTS. 
 
 Proteetion of 
 persons acting 
 under this Act. 
 
 the same, the sum of twenty cents and no more, and shall be 
 made upon the Officer to whom fines imposed under the 
 authority of this Act arc required to be paid over in the* dis- 
 trict, city,' county or union of counties in which the offence was 
 committed, or was supposed to have been committed, who, 
 upon sight of every such order, shall forthwith pay to the 
 person named therein, or to any other person duly authorized 
 to receive the same on his behalf, the money in such order 
 mentioned, and shall be allowed the same in his accounts. 
 £0 v., c. 29, s. 17. 
 
 32. For the protection of persons acting in the execution 
 of this Act, all actions and prosecutions to be commenced 
 against any person for any thing done in purauance of this 
 Act, shall bo laid and tried in the District or Circuit in 
 Lower Canada, or in the county or union of counties in 
 Upper Canada vfl^ere the fact was committed, and shall be 
 commenced within three months after the fact committed, and 
 not otherwise. 20 V., c. 29, s. 18. 
 
 83. And notice in writing of such action or prosecution 
 and of the cause thereof, shall be given to the defendant, 
 one month at least, before the commencement of the action 
 or prosecution. 20' V., c. 29, s. 18. 
 
 34. In any such action or prosecution, the defendant may 
 plead the general issue, and give this Act and the special 
 matter in evidence at any trial to be had thereupon. 20 V., 
 0.29,8.18. 
 
 85. No plaintiff shall recover in any such action, if tender 
 of sufficient amends was made before such action brought, or 
 if a sufficient sum of money has been paid into Court after 
 such action brought by or on behalf of the defendant. 20 Y., 
 c. 29, 8. 18. 
 
 86. If a verdict passes for the defendant, or the plaintiff 
 becomes non-suit, or discontinues any such action or prose- 
 cution after issue joined, or if, upon demurrer or otherwise, 
 judgment be ^ven against the plaintiff, the defendant shall 
 recover his full costs and have the like remedy for the same 
 as any defendant hath by law in other cases. 20 V., c. 29, 
 s. 18. 
 
 Notice' in writ- 
 ing to be given 
 to deibndMit. 
 
 Defendant may 
 plead the gene- 
 ral issue. 
 
 If tender of 
 amends made, 
 plaintiff not 
 (0 reoorer, fto. 
 
 If tha defbnd* 
 
 antbesno- 
 
 otasftal. 
 
OITT OHARTEB AND OTHER ACTS. 
 
 187 
 
 II be 
 the 
 I dis- 
 3 was 
 
 3 the 
 >med 
 order 
 mnts. 
 
 cution 
 leuced 
 of this 
 suit iti 
 ities in 
 hall be 
 ad, and 
 
 jecution 
 'endant, 
 e action 
 
 int may 
 special 
 20 V., 
 
 tf tender 
 l)ught, or 
 lit after 
 20 V., 
 
 plaintiff 
 lor prose- 
 Itherwise, 
 lant shall 
 Ithe same 
 
 \, c. 29, 
 
 CONSOLIDATED STATUTES— LOWER CANADA. 
 
 (Ghapt£b 102.) 
 
 An Act respecting the Police in Quebec and 
 Montreal, and certain regulations of Police 
 in other Towns and Villages. . 
 
 HER Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as 
 follows : 
 
 1. The Governor may, in the Cities of Quebec and Appointment of 
 
 . •' . Superintend- 
 
 Montreal, by a commission under the great seal, appoint fit enfeof Pouce. 
 
 and proper persons to be Inspectors and Superintendents of 
 
 the Police of the Cities of Quebec and Montreal, to execute 
 
 the duties of Justices of the Peace at the Police Offices 
 
 established therein and in all parts of the said cities, and 
 
 such other duties as are hereinafter specified, or as may be 
 
 from time to time directed by the Provincial Secretary, for 
 
 the more efficient administration of the Police within the 
 
 limits of the said cities : 
 
 2. The Governor may remove the said Inspectors and Governor may 
 Superintendents of Police, if he sees occasion so to do, and udVpoint' 
 may, upon any vacancy in the said offices, by death, removal 
 
 or otherwise, appoint other fit persons as such Inspectors and 
 Superintendents, to execute the duties aforesaid in lieu of the 
 persons making such vacancy ; and the Governor may appoint 
 any person to be Inspector and Superintendent of the Police, 
 for either of the said cities, by virtue of this Act ; and any Tobeexqffcfo 
 
 • , J J • xi i.' i< 1^ • Justioei or the 
 
 person so appomted may, dunng the contmuance of his Peaoe. 
 appointment, execute the duties of Justice of the Peace for the 
 said cities, although he may not have the qualification required 
 by law in case of any other person being a Justice of the 
 Peace. 2 V. (1), c. 2, s. 1,-20 V., c. 44, s. 138, and see 
 Contol. Stat, of Can.y c. 105, ss. 80, 81. 
 
188 
 
 CITT CHARTER AND OTHER ACTS. 
 
 Oath to bo taken 
 on appoint- 
 ment. 
 
 Their powers 
 and authority. 
 
 To have the 
 
 Sowers of two 
 ustices of the 
 Peace. 
 
 Police Force 
 mav bo em- 
 bodied. 
 
 Duties of the 
 men composing 
 It. 
 
 2. Every person appointed Inspector and Superintendent 
 of the Police of the said cities, shall, before he begins to 
 execute the duties of his office, take the following oath before 
 a Judge of Her Majesty's Court of Queen's Bench or of the 
 Superior Court, that is to say : . 
 
 " I, A. B., do swear that I will faithfully, impartially, and 
 " honestly, according to the best of my skill and knowledge, 
 " execute all the powers and duties of a Justice of the Peace, 
 " under and by virtue of chapter one hundred and two of the 
 " Consolidated Statutes for Lower Canada." 2 V. (1), 
 c. 2, s. 2. 
 
 3. The Inspectors and Superintendents of the Police of the 
 cities of Quebec and Montreal respectively, shall be, in 
 virtue of their offices. Justices of the Peace for the criminal 
 districts in which the above cities are respectively situate, 
 and vested with_ all the powers and authorities within the 
 limits of their respective jurisdictions, of any one or two 
 Justices of the Peace as the case may require ; and all judg- 
 ments, convictions and decisions rendered by them respec- 
 tively shall have the same force and effect as if rendered by 
 one or two Justices of the Peace whose names are included in 
 the commission of the peace for the districts within which such 
 Inspectors and Superintendents of Police are respectively 
 appointed to act. 20 Y., c. 122. 
 
 4. A sufficient number of fit and able bodied men shall, 
 from time to time, by the direction of the Provincial Secretary, 
 be appointed as a Police Force for each of the said cities 
 respectively, who shall be sworn by the said Inspectors and 
 Superintendents of the Police respectively, to act as Con- 
 stables for preserving the peace and preventing robberies 
 and other felonies, and apprehending offenders against the 
 peace : 
 
 2. And the men so sworn shall, within the said cities, have 
 all such powers, authorities, privileges and advantages, and 
 be liable to all such duties and responsibilities as any Constable 
 duly appointed has, by virtue of the laws of Lower Canada, 
 or any statutes made or to be made, and shall obey all such 
 lawful commands as they, from time to time, receive from the 
 
 idle 
 
A 
 
 CITT CHABTER AND OTHER ACTS. 
 
 189 
 
 Superintend- 
 ent may make 
 orders and re- 
 gulations for its 
 government. 
 
 Inspector and Superintendent of. the Police for the city for 
 which they are appointed, for conducting themselves in the 
 execution of their office. 2 V. (1), c. 2, s. 3. 
 
 5. Each of the said Inspectors and Superintendents of 
 Police may, from time to time, subject to the approbation of 
 the Provincial Secretary, make such orders and regulations 
 as they deem expedient, relative to the general government 
 of the men appointed members of the Police Force under this 
 Act for his city, the places of their residence, the classification, 
 rank and particular service of the several members, their 
 distribution and inspection, the description of arms, accou- 
 trements and other necessaries to be furnished to them, and 
 all such pther orders and regulations relative to the said 
 Police Force, as such Inspector and Superintendent of the 
 Police from time to time deems expedient, for preventing 
 neglect or abuse, and for rendering such force efficient in 
 the discharge of all its duties : 
 
 2. Each of the said Inspectors and Superintendents of the 
 Police may, at any time, suspend or dismiss from his employ- 
 ment any man belonging to the said Police Force for his city, 
 whom he thinks remiss or negligent in the discharge of his 
 duty, or otherwise unfit for the same ; and when any man is 
 dismissed or ceases to belong to the said Police !Force, all 
 powers vested in him as a Constable by virtue of this Act, 
 shall immediately cease and determine. 2 V. (1), c. 2, s. 4. 
 
 6. If any victualler or keeper of any house, shop,* room, 
 or other place for the sale of any liquors, whether spirituous 
 or otherwise, knowingly harbours or entertains any man be- 
 longing to the said Police Force, or permits such man to abide 
 or remain in his house, shop, room, or other place, during 
 any part of the time appointed for his being on duty, such 
 victualler or keeper, being convicted thereof before any two 
 Justices of the Peace, shall for every such offence forfeit and 
 pay such sum not exceeding five pounds, sterling money of 
 Great Britain, as they think meet. 2 Y. (1), c. 2, s. 5. 
 
 7. Any man, belonging to the said Police Force, may, 
 during the time of his being on duiy, apprehend all loose, 
 idle and disorderly persons, whom he finds disturbing the 
 
 And may sus- 
 pend or diemiss 
 men composing 
 
 ronalty on vic- 
 tuallers, &c., 
 harbouring 
 rolicemeu ou 
 duty. 
 
 Polioemon on 
 dutv may ap- 
 preliond loose 
 and disorderly 
 persons. 
 
190 
 
 OITY CHARTER AND OTHER ACTS. 
 
 public peace, or whom he has just cause to suspect of any 
 evil designs, and all persons whom he finds lying in any i^eld, 
 highway, yard or other place, or loitering therein, and not 
 giving a satisfactory account of themselves, and deliver any 
 person so apprehended into the custody of the Const^able in 
 attendance at the nearest watch-house, in order that such 
 person may be secured untU he can be brought before a 
 Justice of the Peace, to be dealt with according to law. 
 Ibid.y s. 6. 
 
 8. K any person assaults or resists any person belonging 
 to the said Police Force, in the execution of his duty, or aids 
 or incites any person so to assault or resist, such offender, 
 being convicted thereof before two Justices of ijxe Peace, 
 shall for each such offence, forfeit and pay such sum, not 
 exceeding five pounds, sterling money aforesaid, as the said 
 Justices think meet. Jlnd.t s. 7. 
 
 Penalty on per^ 
 sons resisting 
 Police. 
 
 Application of 
 next sections. 
 
 Pruceedlnm as 
 regards disor- 
 derly persons. 
 
 OF THE POWERS OF JUSTICES OF THE PEACE WITH RESPECT 
 TO DISORDERLY PERSONS, GAMBLERS, ETC. 
 
 9. The ten sections next following apply not only to the 
 Cities of Quebec and Montreal, but also to every town and 
 village Municipality in Lower Canada, erected or existing 
 under the provisions of chapter twenty-four of these Consoli- 
 dated Statutes, subject to the provisions of section twenty-nine 
 of tha{ Act. 23 V., c. 61, s. 29. 
 
 10. Any Justice of the Peace may condemn all loose, idle 
 and disorderly persons convicted before him on his own view or 
 by their own confession, or on the oath of one or more credible 
 witnesses, to pay immediately or within such period of time as 
 he thinks fit, a fine not exceeding five pounds sterling, and 
 in default of payment immediately or at the time appointed, 
 (as the case may be,) such persons shall be imprisoned in 
 the Common Gaol or House of Correction of the district or in 
 any lock-up house or other place provided by the Munici- 
 pality for the purpose, at hard labour, for any time not exceed- 
 ing two months, the imprisonment to cease upon payment 
 of the sum due : 
 
OITT CHARTER AND OTHER ACTS. 
 
 191 
 
 I Munici- 
 , exceed- 
 sayment 
 
 2. But it shall be in the discretion of the Justice before Disoretion of 
 
 , 1111 'iiii'ii the Justice of 
 
 whom any person, apprehended as a loose, idle and disorderly the Peace, 
 person is brought, either to commit such person or to dis- 
 charge him, although an act of vagrancy be proved to have 
 been committed by him ; — and it shall also be in the discre- 
 tion of such Justice on discharging any such person, to bind 
 him in sufficient recognizance to appear before the Justices at 
 the next General or Quarter Sessions of the Peace, or Court 
 of Queen's Bench, if no Court of Quarter Sessions be held in 
 the district, to answer any charge or charges that may be 
 alleged against him. 2 V. (1), c. 2, s. 8, — 7 V, c. 2, s. 1, 
 —9 v., c. 23,-20 v., c. 41, s. 7,-23 V., c. 61, s. 29. 
 
 11. Persons who, being able to work, and thereby or by Persons rofljg- 
 other means to maintain themselves and families, wilfully ^°' 
 refuse or neglect to do so, — 
 
 Persons openly exposing or exhibiting in any street, road. Exposing their 
 public place, or highway, any indecent exhibition, or openly 
 and indecently exposing their persons, — 
 
 Persons loitering in the streets or highways and obstructing obstructing - 
 passengers, by standing across the footpaths, or by using &o,; 
 insulting language, or in any other way, — tearing down or 
 defacing signs, breaking windows, breaking doors or door- 
 plates, or the walls of houses, yards or gardens, destroying 
 fences, causing a disturbance or noise in the streets or high- 
 ways by screaming, swearing, or singing, — being drunk, and 
 impeding or incommoding the peaceable passengers, — 
 
 All common prostitutes or night walkers wandering in the Prosututw*, 
 fields, public streets or highways, not giving a satisfactory " 
 account of themselves, — 
 
 Persons in the habit of frequenting houses of ill-fame, not Frequenters of 
 
 . . « . i !• . 1 1 liouses of ill- 
 
 giving a satisfactory account of themselves, — fame; 
 
 Persons tippling in taverns or tap-rooms, after the hour of And taverns; 
 ten at night and before the hour of five in the morning, 
 between the twenty-first day of March and the first of October, 
 and after the hour of nine at night and before the hour of 
 six in the morning, from thp first day of October to the 
 twenty-first day of March, — 
 
192 
 
 CITY OHARTBR AND OTHER ACTS. 
 
 (j amblers— 
 
 Shall bo doomed 
 disorderly por- 
 song. 
 
 Jugtioo may ig. 
 8U0 gcarch war- 
 rantfi. 
 
 llow sucb per- 
 gons Rhall bo 
 puuighod. 
 
 Chargoa against 
 them /to bo in 
 writing. 
 
 Commitments 
 to gpccifV the 
 fitctgofthecase. 
 
 Persons winning money or other valuable thing in playing 
 at cards, dice or other chance game, in taverns, — 
 
 Shall be deemed loose, idle and disorderly persons, within 
 the meaning of this Act. 2. V. (1), c. 2, s. 9. 
 
 12. Any Justice of the Peace, upon information upon oath 
 before him made, that any persons hereinbefore described 
 are loose, idle and disorderly persons, and are, or are reason- 
 ably suspected, to be harboured or concealed in any house 
 of ill-fame, tavern or boarding house, may, by warrant under 
 his hand or seal, authorize any Constable or other person to 
 enter at any time such house, or tavern, and to apprehend 
 and bring before him or any other Justice or Justices, all 
 persons found therein and so suspected as aforesaid : 
 
 2. And if, on examining such persons so apprehended and 
 brought as aforesaid, it appears to such Justice or Justices 
 that they or any of them cannot give a satisfactoi'y account 
 of themselves, such Justice or Justices may condemn them 
 to pay, either immediately or within such period as he or 
 they think fit, a fine not exceeding five pounds sterling ; and 
 in default of payment at the time appointed, they shall be 
 imprisoned in the Common Gaol or House of Correction, or 
 in the lock-up house, or other place provided by the Munici- 
 pality for the purpose, at hard labour for any time not exceed- 
 ing two months, in the City of Quebec or of Montreal, or 
 thirty days in any other town or village Municipality, the 
 imprisonment to cease upon payment of the sum due. 2 V. 
 (1), c. 2, s. 10,-7 v., c. 21, s. 1, and 9 V., c. 23,-23 
 v., c. 61,s.29. 
 
 13. In all proceedings against loose, idle, and disorderly 
 persons, the charge shall be reduced to writing, and shall be 
 stated by the Justice or Justices of the Peace to the party 
 accused, who shall be held to plead forthwith to the same ; 
 and the said charge shall be summarily tried, due time being 
 given to the party accused to procure the attendance of the 
 necessary witnesses to establish his defence, if he so requires. 
 7 v., c. 21, 8. 3. 
 
 14. Every commitment to Gaol or to the House of Correc- 
 tion or lock-up house, shall specify the particular fact or facts, as 
 
CITY CHARTER AND OTHER ACTS. 
 
 108 
 
 or 
 
 lorderly 
 shall be 
 e party 
 
 same ; 
 le being 
 
 of the 
 equires. 
 
 ' Correc- 
 I facts, as 
 
 to time, place and circumstance, which constitute the offender a 
 
 loose, idle and disorderly person ; and any commitment which 
 
 does not specify such facts, shall be held to be insufficient, and 
 
 the party imprisoned under colour thereof shall be entitled to 
 
 be discharged from imprisonment, upon application to that 
 
 effect to any Judge of the Court of Queen's Bench or of the 
 
 Superior Court, or any other person authorised by kw to act 
 
 in the absence of such Judge. 7 V., c. 21, s. 6. 
 
 . 15. Any Justice of the Peace may commrb any person con- How cruelty to 
 
 . . „ . , ,,. . , 1/. animals oJiBll je 
 
 victed before him, by his own view or by the oath of one or puuished. 
 more credible witness or witnesses, or by his confession, of 
 over-loading, over-driving or otherwise ill treating any horse, 
 dog or other animal, to the Common Gaol, for any time not 
 exceeding one month ; and all Constables shall and may appre- 
 hend any such person, and bring him before a Justice of the 
 Peace, to be dealt with according to the provisions of this Act. 
 2 V. (1), c. 2, s. 11. 
 
 16. Whenever any person is charged on the oath of a rroocodingg to 
 credible witness, before any .Justice of the Peace, with any poaranco of a 
 
 — .1111 1, • ,. , pcMon charsed 
 
 offence punishable by a penalty, on summary conviction under under thia Act. 
 
 this Act, the Justice may summon the person charged to appear 
 
 before any two Justices of the Peace at a time and place to be 
 
 named in such summons ; and if the person charged does not 
 
 appear accordingly, then (upon proof of the due service of 
 
 the summons, by delivering a copy thereof to such person or . 
 
 by delivering a copy to his wife or servant or some inmate of 
 
 the family of such person, at his usual place of abode,) the 
 
 Justices, before whom he ought to have appeared, may either 
 
 proceed to hear and determine the case ex parte, or may issue 
 
 their warrant for apprehending such person, and bringing him 
 
 before them : 
 
 a. The prosecution for any offence punishable by a penalty Limitation of 
 upon summary conviction by virtue of this Act, shall be com- 
 menced within three months after the commission of the offence 
 and not otherwise. 2 V. (1), c. 2, s. 12. 
 
 prosecutioua. 
 
 17. The Justices of the Peace by whom any person is con- certain time 
 victed and adjudged to pay any sum of money, for any offence for^ho nayment 
 against this Act, may adjudge that such person shall pay the 
 
194 
 
 X3ITY CHARTER AND OTHER ACTS. 
 
 Application of 
 flnes imposed 
 under this Act. 
 
 same either immediately or within such period as thej think 
 fit ; and in default of payment at the time appointed, the said 
 person shall be imprisoned in the Common Gaol or House of 
 Correction, for any term not exceeding two months, in the City 
 of Quebec or Montreal, or thirty days in any other town or 
 village Municipality, which said imprisonment shall cease upon 
 payment of the sum due. 2 Y. (1), c. 2, s. 14. 
 
 18. All fines and penalties imposed for offences against this 
 Act shall make part of the Building and Jury Fund of the 
 district in which they are imposed, and shall be paid over by 
 the Justices or persons receiving them to the Sheriff of such 
 district accordingly. 20 V., c.44,s. 113, — 23 V., c. 57, s. 2. 
 
 19. Any person, convicted under this Act, may appeal from 
 such conviction to the next ensuing General Quarter Sessions 
 of the Peace, upon giving good and sufficient security to pay 
 the penalty awarded against him and all costs of such appeal; 
 and the said Sessions of the Peace shall hear such appeal and 
 dispose of the same and award costs in manner and form as 
 practised upon other appeals. 7 Y., c. 21, e|. 4. 
 
 Appeals from 
 CO ur lotions 
 undor this Act. 
 
 rowers of In- 
 spectors of I'o- 
 ifco may bo 
 Axorolsed bjr 
 Recorders. 
 
 POWERS OF RECORDERS OF QUEBEC AND MONTREAL. 
 
 20. All the powers and jurisdiction conferred upon the 
 Inspectors and Superintendents of Police for the Cities of 
 Quebec and Montreal, or upon two or more Justices of the 
 Peace, by the foregoing provisions of this Act, shall be vested 
 in and may be exercised by the Recorders and by the Re- 
 corders' Courts of and for the said cities, and by those who 
 by law may or are to act in the absence on account of sick- 
 ness or otherwise of the said Rocorders, or when there is no 
 Recorder, and discharge the duties of that office. 19, 20 Y., 
 c. 106, 88. 1, 4, 8,-14, 15 Y., c. 128, ss. 79, 82,-18 Y., 
 c. 162, s. 15. 
 
 nor 
 
 EXPENSES OP THE POLICE IN QUEBEC AND MONTREAL. 
 
 Kxpentoi of 
 I'ouoo to b« 
 
 21. The Governor may pay, out of any moneys in the hands 
 of the Receiver General, not otherwise appropriated, such 
 
CITT CHARTER AND OTHER ACTS. 
 
 195 
 
 sums as are required for the. maintenance of the Police under 
 this Act; and all salaries, allowances and contingent charges 
 in that hehalf shall be paid upon pay lists to be made out on 
 the first day of each month by the Inspector and Superinten- 
 dent of Police, signed by him and approved by the Provincial 
 Secretary. 2 V. (1), c. 2, s. 17. 
 
 22. Out of any moneys received for tolls, rates and wharf- 
 age dues by the Commissioners for the Improvement and En- 
 largement of the Harbour of Montreal, and remaining in their 
 hands in any year after defraying all the special charges 
 payable out of the same during such year, the Governor may 
 direct the Commissioners to pay over to such Officer or person 
 as he may designate, such sum as may be required to defray 
 the expenses attending the employment of the additional 
 members of the Police Force established under this Act, whom 
 it has been found necessary to employ during such year to 
 act more especially as Constables in the harbour and port 
 aforesaid; the number of such additional members of 
 the said Police Force to be so employed, and the remu- 
 neration to be allowed for their services, having been, 
 previously to their employment, determined by the Gover- 
 nor in Council : 
 
 2. And the Officer or person to whom such sums are paid 
 by the said Commissioners shall apply the same to the pay- 
 ment of the expenses aforesaid, under such instructions as he 
 may receive from the Governor in that behalf, and shall 
 account for the same in such manner and form as the Governor 
 shall direct. 14, 15 V., c. 24. 
 
 28. All moneys raised, levied and received under the au- 
 thority of the Acts 14, 15 V., c. 25, and 20 V., c. 124 (to 
 provide for defraying the expense of the River Police at 
 Quebec) shall bo applied by such Officers or persons, and 
 under such rules and regulations as the Governor shall from 
 time to time appoint for that purpose, in defraying the expense 
 of maintaining and paying the members of the Police Force 
 acting as Constables in the Port of Quebec, undt?r this Act. 
 2 V. (1), c. 2,-14, 15 v., c. 25, s. 8, and 20 V., 
 c. 124. 
 
 paid by the 
 Governor. 
 
 Additional Po- 
 lice for Harbour 
 in Montreal to 
 be paid by Har- 
 bour Commis- 
 sioners. 
 
 Account of Hiich 
 
 oxiienscH. 
 
 Payment of 
 Quebec Har- 
 bour I'olioe 
 provided foi. 
 
196 
 
 CITY CHARTER AND OTHER ACTS. 
 
 What the word 
 uity shall in- 
 clude. 
 
 , INTERPRETATION. 
 
 24. For the purposes of this Act the word " eiti/ " or 
 '' cities j" as applied to the Cities of Quebec and Montreal, 
 wherever used in this Act, shall be held to denote the said 
 cities, together with such neighbouring districts as the 
 Governor has directed or may at any time direct by procla- 
 mation. 2 V. (1), c. 2, s. 19. 
 
 OF LABOURERS, SERVANTS, AND APPRENTICES FOUND GAM- 
 BLING, ETC. 
 
 Servants or ap- 25. If anyjoumeyman, day labourer, servant or apprentice, 
 EiTnK inta^r™8 plays at any game of cards, dice, skittles or any other game, 
 
 how punished. _ ,. xi. • • i i. i a 
 
 for money, hquor qr otherwise, m any house, out-house, apart- 
 ment or ground in the occupation of or belonging to any person 
 licensed to sell spirituous liquors by retail, or to keep a house 
 of public entertainment in Lower Canada, and such journey- 
 man, servant or apprentice be convicted thereof before a Jus- 
 tice of the Peace in the villages or country parishes, or before 
 the Justices of the Peace in their weekly sittings in the Cities 
 of Quebec or Montreal, by the oath of one credible witness, 
 or by confession, he shall forfeit and pay for every such 
 offence, a sum not exceeding four dollars, and not less than 
 one dollar ; and in default of payment of such fine or penalty 
 within six days, such journeyman, labourer, servant or appren- 
 tice shall be committed to the House of Correction for a space 
 of time not exceeding eight days, in discharge of such penalty 
 oa aforesaid : 
 
 2. Nothing in this section shall affect any provision of the 
 eighth chapter of these Consolidated Statutes relating to bil- 
 liard tables. 67 G. 8, c. IH, s. 10. 
 
 26. The Justice of the Peace, before whom any such case 
 is heard and determined, may award the cost which either of 
 the parties shall have to pay the other, ns they judge fit ;and 
 in case any person against whom any such costs are so award- 
 ed, does not pay the same within seven days next after they 
 
 Cap. 8 of thi'fo 
 Con. Stat 
 alfbctod. 
 
 not 
 
 Ijtuorction of 
 Justice as re- 
 gardr) coKtH. 
 
CITY CHARTER AND OTHER ACTS. 
 
 197 
 
 of the 
 to bil- 
 
 ih case 
 lither of 
 
 \t ; and 
 J award- 
 jer they 
 
 have b( en so awarded, any such Justice or Justices of the 
 Peace, whether in or out of session, may issue a warrant of 
 distress for levying the same, by the seizure and sale of the 
 oflFender's goods and chattels. Ibid.^ s. 14. ,; 
 
 27. One moiety of every penalty imposed in virtue of the renaiHes, how 
 twenty-fifth section of this Act, shall belong to the informer, 
 
 and the other moiety shall make part of the Building and 
 Jury Fund of the district in which it is imposed, and shall 
 accordingly be paid over by the Justice or person receiving 
 it to the SheriflFof such district. 20 V , c. 44, s. 113, &c. 
 
 28. Upon every judgment under the said twenty-fifth sec- Appeals from 
 
 tion, by any Justices of the Peace, an appeal shall lie to the der sect 26 
 Justices of the Court of Quarter Sessions of the Peace for the 
 district where the judgment was rendered, upon which appeal 
 the full merits of the original complaint may be heard and 
 adjudged : 
 
 2. But the appellant, before the allowance of any appeal security for 
 as aforesaid, shall give good and sufiicient security to pay the 
 amount of the judgment appealed from, and costs as well on 
 the original complaint as on the appeal. 57 G. 3, c. 16, s. 12. 
 
198 
 
 OITT CHARTER AND OTHER ACTS. 
 
 Thia Act to ap- 
 ply to Montreal 
 mid Quebec. 
 
 KjicIi city to 
 rorin a dlatinot 
 Miiiiicipniity. 
 
 AppniiitniPiit of 
 School ( 'omniis- 
 Rionerii. 
 
 Ill euKO of 
 ltoilur<> to 
 nppolnt. 
 
 CONSOLIDATED STATUTES—LOWER CANADA. 
 
 (Chapter 15.) 
 COMMON SCHOOLS. 
 
 SPECIAL PROVISIONS RELATING TO THE CITIES OF MONTREAL 
 
 AND QUEBEC. 
 
 (Sec. 128.) In each of the Cities of Quebec and Montreal 
 the provisions of this Act, with regard to the establishment 
 of Common Schools in each Municipality, shall have effect and 
 be applied, except in so far as it is otherwise herein provided ; 
 and all persons appointed or called upon to cany this Act into 
 effect in the said cities, shall have the same powers as the 
 corresponding functionaries in the Municipalities, by whatever 
 name they may be designated, and shall be subject to the 
 same obligations and penalties. 9 Y., c. 27, s. 40. 
 
 (129.) For all the purposes relative to the distribution and 
 apportionment of School Moneys, and for all other purposes of 
 this Act, where it is not repugnant to the other provisions 
 thereof, each of the Cities of Quebec and Montreal shall be 
 considered as one Municipality ; and it shall not be necessary 
 to divide them into School Districts, but each School estab- 
 lished by the Commissioners or put under their control by 
 virtue of and in accordance with this Act, shall be con- 
 sidered as a School District, and may be attended by chil- 
 dren from any part of the city. 9 V., c. 27, s. 41. 
 
 (180.) In Quebec and Montreal the Corporation shall 
 appoint twelve School Commissioners, six of whom shall be 
 Roman Catholics and six Protestants ; and such Commissioners 
 shall form two separate and distinct Corporations, the one for 
 the Roman Catholics and the other for the Protestants ; and 
 one-half of each of the said Corporations shall be renewed 
 annually by the said Corporation ; In case the Corporation of 
 the City of Quebec or that of Montreal refuses or neglects to 
 appoint such Commissioners or to renew them at the time pre- 
 scribed, that is to say, in the month of July in each year, the 
 
\ 
 
 OITT CHARTER AND OTHER ACT?. 
 
 199 
 
 Superintendent of Education shall appoint them ex-officio, with 
 the approval of the Governor in Council. 9 V.,c. 27, s. 42. 
 
 (131.) In the Cities of Quebec and Montreal, no rate No special 
 shall be imposed for the purposes of Common Schools, but th6 be levied, but 
 City Treasurer of each of the said cities shall, out of the amount to bo 
 moneys in his hands forming part of the funds of the Corpo- ration, 
 ration of such city, from whatever source such moneys are 
 derived, (all Laws or Rules or By-laws of the Council of such 
 Corporation to the contrary notwithstanding,) pay to the 
 respective Boards of School Commissioners of such city, and 
 in proportion to the population of the religious persuasion 
 represented by such Boards respectively, a sum equal in 
 amount to that apportioned to such city out of the Common 
 School Fund, to be employed for the purposes of the Common 
 Schools, under the direction of such Boards of School Commis- 
 sioners respectively ; — And if the Treasurer refuses to make in cam city 
 such payment, the Board of Commissioners, or their Secre- fu«cg to pay. 
 tary, may recover the amount by action in the Superior Court, 
 who shall order such Treasurer to pay the amount awarded 
 by their judgment, principal, interest and costs, out of the 
 moneys he may then have in, or that may thereafter come 
 into his hands as such Treasurer ; and shall compel him, by . 
 all legal means, even by contrainte par corps, to satisfy such 
 judgment. 14, 16 V., c. 97, s. 9. 
 
 (182.) The Corporations of the Cities of Quebec and An additional 
 Montreal may pay out of their funds an additional sum equal paid"by corpo^ 
 to that which they are authorized to pay to the Boards of "* "" 
 School Commissioners, and also an additional sum of thirty per 
 cent, to make good any unforeseen or contingent expenditure. 
 19, 20 v., c. 14, s. 1. 
 
 (188.) The City of Montreal shall be entitled to receive proportion of 
 out of the Common School Fund only one-fourth; and the afiowed to"^ 
 City of Quebec two-thirds, of the sums they would without this Moutreal" 
 provision be respectively entitled to according to their popula- 
 tion. 9 v., 0. 27, s. 44. 
 
 (134.) The School Commissioners for Quebec and Montreal ruIo» ibr com- 
 shall, in their intercourse with the Superintendent of Educa- "'*''"""'" 
 tion, be guided by the same rules and regulations as other 
 School Commissioners. 9 V., o. 27, s. 45. 
 
200 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Preamble. 
 
 No pnblio mo- 
 noy to be paid 
 to any hospital, 
 unless it baa a 
 Small-poz 
 ward. 
 
 Certain cities 
 may employ 
 medical prac- 
 titioners to 
 vaccinate the 
 citizens, &o. 
 
 Proviso. 
 
 (24 Victoria, Cap. 24.) 
 
 An Act to provide for the more general adop- 
 tion of the practice of A^accination. 
 
 {Assented to 18th May, 1861.) 
 
 HER Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts as 
 follows : 
 
 1. No warrant shall hereafter issue for the payifaent of any 
 sum of money granted by the Legislature to any hospital, 
 unless, nor until, a certificate, signed by a medical officer of 
 such hospital, to the effect that there is in such hospital a 
 distinct and separate ward set apart for the exclusive accom- 
 modation of patients afflicted with Small Fox, has been filed 
 with, the Clerk of the Executive Council. 
 
 2. From and after the passing of this Act, it shall be law- 
 ful for the Council of each of the Cities of Quebec, Three- 
 Rivers, St. Hyacinthe, Montreal, Ottawa, Kingston, Toronto, 
 Hamilton and London, and the Town of Sherbrooke, and they 
 are hereby respectively empowered and required, to contract 
 with some legally qualified and competent medical practitioner 
 or practitioners, for the period of one year, and so from year 
 to year, as such contract may expire, for the Vaccination, at 
 the expense of the city, of all poor persons, and, at their own 
 expense, of all other persons, resident in such city, who may 
 come to such medical practitioner or practitioners for that 
 purpose ; Provided, always, that it shall be a condition of 
 every such contract, that the amount of the remuneration to 
 be received under the same shall depend on the number of 
 persons who, not having been previously successfully vac- 
 cinated, shall be successfully vaccinated by such medical 
 practitioner or medical practitioners, respectively so con- 
 tracting. 
 
OITT GHARTEB AND OTHER ACTS.' 
 
 201 
 
 3. Within three months after the passing of this Act, the 
 Council of each such city shall appoint a convenient place in 
 each ward of such city for the performance, at least once in 
 each month, of such Vaccination, and shall take effectual 
 means for giving, from time to time, to all persons resident 
 within each such ward, due notice of the days and hours at 
 which the medical practitioner or one of the medical practi- 
 tioners contracted with for such purpose will attend once at 
 the least in each month, at such place, to vaccinate all per- 
 sons not successfully vaccinated who may then appear there, 
 and also of the days and hours at which such medical practi- 
 tioner will attend at such place to inspect the progress of such 
 Vaccination in the persons so vaccinated. 
 
 4. The father or mother of every child born in any of the 
 said cities, after the first day of January, in the year of our 
 Lord one thousand eight hundred and sixty-two, shall, at 
 some such appointed time, within three calendar months after 
 the birth of such child, or in the event of the death, illness, 
 absence, or inability of the father and mother, then the 
 person who has the care, nurture or custody of the child, shall 
 at some such appointed time, within four calendar months 
 after the birth of such child, take or cause to be taken the 
 said child to the medical practitioner in attendance at the 
 appointed place in the ward in which the said child is resident, 
 according to the provisions of the preceding sections of this 
 Act, for the purpose of being vaccinated, unless such child 
 have been previously vaccinated by some legally qualified 
 medical practitioner and the Vaccination duly certified ; and 
 the said medical practitioner so appointed shall, and he is 
 hereby required, thereupon, or as soon after as it may con- 
 veniently and properly be done, vaccinate the said child. 
 
 -6. Upon the eighth day following the day on wliich any 
 child has been vaccinated as aforesaid, the father or mother, 
 or other person having the care, nurture or custody of the 
 said child as aforesaid, shall again take or cause to be taken 
 the said child to the medical practitioner by whom the opera- 
 tion was performed, or other similarly appointed medical 
 practitioner in attendance as aforesaid, in order that such 
 
 City to appoint 
 a couvpinciit 
 place ii) each 
 Ward for the 
 purpose. 
 
 Parent!", Ac, 
 bound to take 
 children to be 
 vaccinated. 
 
 And exhibit 
 thorn to the 
 medical prac- 
 titloiHT on 
 eighth day. 
 
202 
 
 CITY CHARTER AND OTHUR ACTS. 
 
 Certificate of 
 siicce8AfliI Vac- 
 ciiiation to be 
 given. 
 
 medical practitioner may ascertain by inspection the result of 
 such operation. 
 
 6. Upon and immediately after the successful Vaccination 
 of any child bom in any of the said cities, after the said first 
 day of January, one thousand eight hundred and sixty-two, 
 the medical practitioner who performed the operation shall 
 deliver to the father or mother, or other person having the 
 care, nurture or custody of the said child as aforesaid, a 
 certificate under his hand, according to the form A, in the 
 Schedule to this Act, that the said child has been successfully 
 vaccinated, and shall also transmit a duplicate of the said 
 certificate to the Clerk of the city in which the operation was 
 performed ; and such certificate shall, without further proof, be 
 admissible as evidence of the successful Vaccination of such 
 child in any information or complaint brought against the father 
 or mother of such child, or against the person who shall have 
 had the care, nurture or custody of such child as aforesaid, 
 for non-compUance with the provisions of this Act. 
 
 7. If any medical practitioner appointed as aforesaid shall 
 be of opinion that ^ruy child brought to him as aforesaid is 
 not in a fit and proper state to be successfully vaccinated, he 
 shall deliver to the father or mother of such child, or the person 
 havmg the care, nurture or custody of such child as aforesaid, 
 on demand and without fee or reward, a certificate under his 
 hand, according to the form B, in the Schedule to this Act, 
 that the child is in an unfit state for successful Vaccination ; 
 and such certificate, or any ^milar certificate of a legally 
 qualified medical practitioner, respecting any child born as 
 aforesaid, shall remain in force for two months from its delivery 
 as aforesaid ; and the father or mother of the said child, or 
 the person having the care, nurture or custody of the said 
 child as aforesaid, shall, (unless they have within each 
 succeeding period of two months obtained from a legally quali- 
 fied medical practitioner a renewal of such certificate) within 
 two months after the deUvery of the said certificate as aforesaid, 
 and if .the said child be not vaccinated at or by the termination 
 of such period of two months, then during each succeeding period 
 of two months until such child has been successfully vaccinated, 
 
 If the child be 
 found unfit for 
 Vaccination. 
 
 Certifloate. 
 
 Ito-prcwintation 
 of the ciiild to 
 be repeated un- 
 til sueoeastbl 
 Vaoctnatlon. 
 
CITY OUARTER AND OTHER ACTS. 
 
 •203 
 
 take or cause to be taken to the said medical practitioner, so 
 appointed as aforesaid, such child to be vaccinated by him ; 
 and if the said medical practitioner deem the said child to be 
 then in a fit and proper state for such successful Vaccination, 
 he shall forthwith vaccinate it accordingly, and shall, upon or 
 immediately after the successful Vaccination of such child, deli- 
 ver to the father or mother of such child, or person having the 
 care, nurture or custody of such child, as aforesaid, a certificate cortiflcmte. 
 ' under his hand according to the form A, in the Schedule to this 
 Act, that such child has been successfally vaccinated ; but if 
 the said medical practitioner be of opinion that the said child 
 is still in an unfit state for successful Vaccination, then he shall * 
 
 again deliverto the fatheror mother of such child,or tothe per- 
 son having the care, nurture or custody of the said child, as afore- 
 said, a certificate under his hand, according to the form B, in the 
 Schedule to this Act, that the child is still in an unfit state 
 for successful Vaccination ; and the said medical practitioner, 
 so long as such child remains in an unfit state for Vaccination 
 and unvaccinated, shall, at the expiration of every succeeding 
 period of two months, deliver, if required, to the father or mother 
 of such child, or to the person having the care, nurture or 
 custody of such child, a fresh certificate under his hand, accord- 
 ing to the siud form B, in the Schedule to this Act ; and the Effbot of cortm- 
 production of such certificate, or of any similar certificate 
 from any legally qualified medical practitioner, shall be a suf- 
 ficient defence agunst any complaint brought against the 
 father or mother, or person having the care, nurture or custody 
 of such child, for non-compliance with the provisions of this Act. 
 
 8. In the event of any medical practitioner employed if the owid be 
 under the provisions -of this Act, or any other duly qualified tibioof"fie*vac- 
 medical practitioner being of opinion that any such child as 
 aforesaid, that has been vaccinated by him, is insusceptible 
 of the vaccine disease, he shall deliver to the father or 
 mother of such child, or to the person having, as aforesaid, 
 the care, nurture or custody of such child, a certificate under 
 his hand, according to the form C, in the Schedule to this 
 Act ; and the production of such certificate shall be a suffi- 
 cient defence against any complaint which may be brought 
 
 cine diseate. 
 
204 
 
 CITY OHARTER AND OTHER ACTS. 
 
 Fees under this 
 Act. 
 
 Penalty for 
 non-compliance 
 with the re- 
 quirements of 
 this Act 
 
 against the father or mother, or person having the care, nur- 
 ture or custody of such child, for non-compliance with the 
 provisions of this Act. 
 
 9. In all contracts to be made under the provisions of this 
 Act, the sums contracted to be paid shall not be more than 
 twenty-five cents for eyery person successfully vaccinated, 
 including all or any of the certificates required by this Act. 
 
 10. If any father or mother, or person so having as afore- 
 said the care, nurture or custody of any such child as afore- 
 said, shall not cause such child to be vaccmated within the 
 periods prescribed by this Act, or shall not. on the eighth 
 day after the Vaccination has been performed, take or cause 
 to be taken such child for inspection, according to the provi- 
 sions in this Act respectively contained, then such father or 
 mother, or person having the care, nurture or custody of 
 such child as aforesaid, so oflfending, shall be liable to a 
 penalty not exceeding five dollars, recoverable on summary 
 conviction before the Inspector and Superintendent of Police, 
 Police Magistrate, or Stipendiary Magistrate appointed for 
 the city in which the offence was committed, or if there be no 
 such officer, then before any two Justices of the Peace sitting 
 and having jurisdiction in such city ; and the provisions of 
 the one hundred and third chapter of the Consolidated 
 Statutes of Canada shall be applicable to the recovery of such 
 penalties. 
 
 11. After the expiration of two months from the conviction 
 of any person for any offence against this Act, in respect of 
 any child, no plea of such conviction shall be a sufficient 
 defence against any complaint which may then bo brought 
 against the same or any other person ibr non-complianc6 with 
 the provisions of this Act in respect of the same child ; but 
 the production of a certificate under the hand of a legally 
 qualified medical practitioner, according to any of the forms in 
 the Schedule to this Act, shall be a sufficient defence against 
 any such complaint ; provided always, that if the certificate 
 produced be in the form B, the production thereof shall not 
 be a sufficient defence, unless the Vaccination be thereby 
 postponed to a day subsequent to that on which the complaint 
 is brought. 
 
 Itcoovery. 
 
 How far and 
 when plea of 
 conviction 
 shall avail. 
 
OITT OHARTEB AND OTHER ACTS. 
 
 206 
 
 SCHEDULE. 
 
 I Form A. 
 
 i( 
 I, the undersigned, hereby certify that , the 
 
 child of , aged , of Ward, in 
 
 the City of , has been successfully vaccinated 
 
 by me. 
 
 Dated this 
 
 (Signed,) 
 day of , 186 
 
 A. B. 
 
 to a 
 
 Form B. 
 
 I, the undersigned, hereby certify that I am of opinion that 
 , the child of , of Ward, 
 
 in the City of . , aged , is not now in a fit 
 
 and proper state to be successfully vaccinate u, and I do here- 
 by postpone the Vaccination until the day of 
 
 Dated this 
 
 (Signed,) 
 day of , 186 
 
 A. B. 
 
 Form C. 
 
 ' I, the undersigned, hereby certify that I am of opinion that 
 
 , the child of , of Ward, 
 
 in the City of , is insusceptible of the vaccine disease. 
 
 Dated this 
 
 (Signed,) 
 day of , 186 
 
 A. B. 
 
206 
 
 CITY CHARTER AND OTHER ACTS. 
 
 (14 AND 15 Victoria, Cap. 129.) 
 
 An Act to provide means to recover from the 
 Corporation of the City of Montreal, part of 
 the expense incurred in guarding the Com- 
 mon Gaol at that place. 
 
 (Aasented to 30th August, 1851.) 
 
 rrcambic. TTTHEREAS by far the greater number of the prisoners 
 Yr detained in the Common Gaol for the District of 
 Montreal, are persons charged with or convicted of crimes 
 and criminal offences com'mitted within the City of Montreal, 
 and it is therefore just and proper that the Corporation of 
 the said city should contribute towards defraying the ex- 
 pense of guarding the said Gaol: Be it therefore enacted 
 by the Queen's Most Excellent Majesty, by and with 
 the advice and consent of the Legislative Council and 
 of the Le^slative Assembly of the Province of Canada, 
 constituted and assembled by virtue of and under the 
 authority of an Act passed in the Parliament of the United 
 Kingdom of Great Britain and Ireland, and intituled. 
 An Act to re-unite the Provinces of Upper and Lower 
 Canada and for the Government of Canada, and it is hereby 
 counoiiof Hon- enacted by the authority of the same. That it shall be lawful 
 o?tii© siteriff to for and the duty of the Sheriff of the District of Montreal, on 
 expense of * the first juridical day in each of the months of March, June, 
 Raict uaoi. September and December in each and every year, beginning 
 with the month of December, next after the passing of this 
 Act, to furnish to the Clerk of the City of Montreal, for the* 
 informatio 1 of the Council of the said city, a statement in 
 writing of the probable expense of guarding the Common Gaol 
 for the District of Montreal during the three months then 
 next ensuing, over and above any sum of money applicable 
 for that purpose which he may have in hand at the time of 
 
OTTT CHARTER AND OTHER ACTS. 
 
 207 
 
 furnishing such statement ; and the said Sheriff maj, hy his 
 warrant or warrants from time to time, require the Council 
 of the said city, out of the funds of the said city, to pay any 
 sum or sums of money not exceeding two-thirds of the sum 
 mentioned in the then last statement, and the Council of the 
 said city shall thereupon cause the said sum or sums of money 
 in the said warrant or warrants mentioned, to be paid to the 
 said Sheriff by the Treasurer of the- said city, within forty 
 days from the delivery of such warrant or warrants to the 
 Clerk of the said city : Provided always, that the sum and Provigo. 
 sums of money so to be required and received from the ' 
 
 Council of the said city, for the purposes and in the manner 
 aforesaid, shall not in any one year exceed the sum of six 
 hundred pounds ; and that the application and expenditure 
 thereof shall be accounted for by the said Sheriff to. the 
 Council of the said city, on or before the last juridical day 
 of each of the months of February, May, August and Novem- 
 ber, in each and every year. 
 
 2. And be it enacted, That the Treasurer of the said Rccdpteaiui 
 city, at the time and times of making payment to the said payments nn- 
 
 ou -ir f V • J X u -J i. der this Act. 
 
 Sheriff 01 any sum or sums of money required to be paid to 
 him by this Act, for the purposes and in the manner afore- 
 said, shall sign and deliver to the said Sheriff a note in writ- 
 ing, specifying the sum or sums of money so paid, which 
 note shall be kept by the said Sheriff as a voucher for his 
 receipt of such sum or sums ; and the receipt of the said 
 Sheriff, specifying the sum or sums paid to him by the said 
 Treasurer as aforesaid, shall be a sufficient discharge and 
 voucher for such Treasurer, and shall be allowed as such, in 
 passing his accounts. 
 
 3. And be it enacted. That if after the lapse of forty Action given 
 days from the delivery of any such warrant or warrants to pay8bi"e"iK) "not 
 the Clerk of the said city as aforesaid, the sum or sums of certain tinu>. 
 money therein mentioned, or any or either of them, or any 
 
 part thereof, shall remain unpaid to the said Sheriff, an action 
 shall accrue to the said Sheriff, on behalf of Her Majesty, to 
 demand and have, of and from the said Corporation, to wit, 
 the Corporation of the Mayor, Aldermen and Citizens of the 
 
208 
 
 CITY CHARTER AND OTHER ACTS. 
 
 City of Montreal, such sum or sums of money so remaining 
 unpaid as aforesaid ; and the cause of such action shall be 
 held to have arisen in the said City of Montreal, and the 
 statement or statements of the said Sheriff, so by him fur- 
 nished to the Clerk of the said city as aforesaid, in respect of 
 which the warrant or warrants for the amount of which, 
 either wholly or in part, any such action may be brought, 
 shall be sufficient primd facie evidence in the said action, of 
 the probable expense of guarding the said Gaol for the period 
 or periods mentioned in such statement or statements respec- 
 I'roviKo. tively: Provided always, that if and whenever it shall be 
 
 pleaded by the said Corporation, by way of defence in any 
 such action, that the said Sheriff hath not accounted to the 
 Council of the said city for the application and expenditure 
 of any sum or sums cf money paid to him by the Treasurer 
 of the said city, for the purposes and in the manner aforesaid, 
 under and by virtue of this Act, previous to the date of such 
 statement or statements, the burden of proving that he did 
 so account shall lie upon the said Sheriff; and in the event 
 of his failing to do so, the action shall be dismissed with costs 
 against the said Sheriff personally. 
 
 CONTRIBUTION TO BUILDING AND JURY FUND. 
 
 I 
 
 By the 15th section of chapter 109 Consolidated Statutes 
 of LoAver Canada, (12th paragraph,) it is provided that for 
 keeping in good repair the District Court Houses and Gaols, 
 erected or to bo erected, and for paying the Petit Jurors in 
 criminal cases in the same, there shall be, in and for each 
 such district a fund, to be called " The Building and Jury 
 Ytiiriv coiifi-i- Fund," which shall consist among other things of a yearly 
 Miiiiioipiiiitios; Contribution from each local Municipality in the district, Avhich 
 contribution shall be : forty-eight dollars yearly from the 
 local Municipality in which such Court House and Gaol are 
 situate — twenty-four dollars yearly from each other local 
 Municipality in the county in which such Gaol and Court Hous" 
 are situate, — and twelve dollars yearly from each other local 
 Municipality in the district ; subject to the following excep- 
 tions and provisions, that is to say : 
 
CITY CHARTEU AND OTHER ACTS. 
 
 209 
 
 The local Municipalities or Corporations of the Cities of By Cities of 
 Quebec and Montreal shall each contribute double the aggre- Montreal, 
 gate amount to be so contributed by all the other local 
 Municipalities within the Districts of Quebec and Montreal, 
 respectively ; 
 
 By the 30th section of the same chapter (109), it is pro- 
 vided that : If at any time the ordinary funds of the Corpo- corporation of 
 
 •' •' *^ Quebcoor 
 
 ration of the City of Quebec or Montreal be insufficient to Montreal may 
 
 •' , impose a Hpccial 
 
 meet any contribution required to be made, under the provi- ™*geg"J,f^tM8 
 sions of this Act, or under the Act fourteenth and fifteenth A**- *>rJ,*' ^^ 
 
 ' v., C, Via. 
 
 Victoria, chapter one hundred and twenty-nine, it shall be 
 lawful for the Council thereof to impose for that purpose a 
 special tax or assessment, over and above the amount for 
 which such Council is then authorized by law to impose rates 
 or assessments, and to appropriate for that purpose any part 
 of the fees of the Recorder's Court, or to impose upon 
 proceedings in that Court a special tax, to create a fund for 
 the above mentioned purpose. 
 
 statutes 
 Ithat for 
 Gaols, 
 lurors in 
 )r each 
 kd Jury 
 yearly 
 \t, which 
 pom the 
 [iraol arc 
 ;r local 
 ft Hous" 
 iicr local 
 oxcep- 
 
 BB 
 
210 
 
 CITY CHARTER AND OTHER ACTS. 
 
 Duty of Ag808- 
 sora in Lower 
 ('anada. 
 
 Valuators or 
 A88Cfl8org in 
 L. C. to insert 
 certain matters 
 in their rolls. 
 
 18 v., 0.100. 
 
 I'ayments in 
 nroducp, ftc, 
 to be reckoned 
 part of the rent. 
 
 Valuation or 
 aniteMincnt rolli 
 to bo attested 
 on oath. 
 
 CONSOLIDATED STATUTES— CANADA. 
 
 (Chapter 6.) 
 registration of voters as regards lower canada only. 
 
 9. The Assessors in Lower Canada shall ascertain by the 
 best means in their power, the owner and the tenant or occu- 
 pant of all real property entered in the assessment roll ; and 
 shall enter the names of such owner and tenant or occupant 
 therein, distinguishing them respectively as the owner, tenant 
 or occupant, as the case may be. 22 Y., c. 82, s. 5. 
 
 2. Notwithstanding anything in the Lower Canada Muni- 
 cipal and Road Act of 1855, in the Acts amending the same, 
 or in any Act incorporating any city or town in Lower Canada, 
 every Assessor, Valuator or other person employed to make 
 the valuation or assessment roll of property in any city, town, 
 village, or other local Municipality in Lower Canada, shall 
 insert in such roll, in separate columns and in addition to all 
 other information required by law to be inserted, the actual 
 value of every real property, the annual value of, or income 
 derived or derivable from every such property, and the names 
 of the owners, tenants or occupants (each in separate columns) 
 of every such property ; 
 
 8. And whenever the rent, or any part of the rent of any 
 real property is made payable in produce, or otherwise than 
 in money, or any premium is paid, or any improvements are 
 to be made by the tenant, or any other consideration is stipu- 
 lated in favour of the owner, in reduction of the rent, — the 
 Assessor or Valuator shall take into consideration and allow 
 for such produce, premium, improvement or consideration in 
 establishing the annual rent or value of such property ; 22 
 V. (1859), c. 10, s. 3. 
 
 4. Every valuation or assessment roll, every revised valu- 
 ation or assessment roll, and every list of voters, made under 
 the provisions of this Act, of the Acts hereby amended, or of 
 
 <( . 
 
 ti 
 
CITY CHARTER AND OTHER ACTS. 
 
 211 
 
 of any 
 
 than 
 
 its aro 
 
 stipu- 
 
 ,— the 
 
 allow 
 
 Ition in 
 
 22 
 
 valu- 
 
 I under 
 
 or of 
 
 Tho oatli. 
 
 any other Act, shall be subscribed or attested by the person 
 or persons making the same, and by any person employed 
 under the authority of the second sub-section of the sixty-fifth 
 section of The Lower Canada Municipal and Road Act of 
 1855, if any such person be so employed, and attested by his 
 or their oath or affirmation, in the following form: 
 
 " I, (or, we severally and each for himself,) 
 
 " do swear (or solemnly declare) that to the best of my (or 
 " our) knowledge and belief, the above (here insert title of 
 " document as valuation or assessment roll, revised valuation 
 " or assessment roll, or list of votera, as the case may 6e), 
 " is correct, and that nothing has been improperly and fraudu- 
 " lently inserted therein, or omitted therefrom." 
 
 And such oath or affirmation shall be made before a Justice 
 of the Peace, who shall attest the same ; — And the wilful 
 making of any false statement in any such oath or affirmation, 
 shall be wilful and corrupt perjury, and punishable as such, 
 as provided by the Interpretation Act, which shall apply to 
 this Act. 22 V. (1859), c. 10. s. 4. 
 
 10. It shall be' the duty of the Assessors in every incor- 
 porated city, and in every local municipality in Lower Canada, 
 in which city or municipality assessment rolls are not required 
 to be or are not made annually, to revise and correct every 
 year, until tho next general assessment roll is made, the then 
 existing assessment roll so far as regards the names of the 
 owners and tenants or occupants of all real property, entitlod 
 under the provisions of this Act to be entered on the list of 
 voters at the elections of members of the Legislative Council 
 or Assembly ; and such revision and correction shall be made 
 annually at and during tho same period of the year at and 
 during which the original assessment was made ; and every 
 such revised and corrected assessment roll shalj be delivered 
 to the Treasurer or Secretary-Treasurer of the Municipality, 
 ill the same manner and within the same delay as the original 
 assessment-roll is re«iuircd to bo delivered. 
 
 11. The Clerk, or Treasurer, or Secretary-Treasurer of 
 every such city and of every such local municipality, shall, 
 immediately after tho assessment-roll has been received by 
 
 Dofbrc whom to 
 bo made. 
 
 FalMo Rtatcnioni 
 to be nerjury. 
 
 AsspsHorn to re- 
 viMoand corwoi 
 ascoHHiucnt roll 
 every year, &e . 
 In certain rei>- 
 poots. 
 
 At what lime. 
 
 To whom to \m 
 (loltvcn>ii. 
 
 ThnClerkof the 
 Miinici|iallty to 
 make a lint ol 
 nemouN i|H«II. 
 hwl.to vote, ill)"- 
 
212 
 
 CITY CHARTER AND OTHER ACTS. 
 
 ttngiiUhliiK t4!ii- 
 iiiitH IVoin own- 
 CTB, &e. 
 
 Sopamto Huts 
 for oBcli Ward 
 in cities. 
 
 ri'0C«H<(Iillg8 
 
 wlieii 11 Miinioi* 
 pnlity la partly 
 III <>iio I'loctoral 
 (tivisioii and 
 partly in 
 niiotlicr. 
 
 Clorlc. Ac, to 
 fortify on oati» 
 of tlio corrpct- 
 
 nPR8Of8U0lllil>t, 
 
 Ac. 
 
 hiiplicatototlie 
 ItcRiRtrarof tlie 
 county. 
 
 Lint to l)C re- 
 vidod, Ac, 
 yearly. 
 
 < 'opy to bo 
 |M>»t(>d up, and 
 where. 
 
 the Clerk, Treasurer, or Secretary-Treasurer of the Munici- 
 pality, make an alphabetical list of the persons who appear 
 by the assessment-roll to be qualified, under this Act, to vote 
 at elections of members of the Legislative Council or Assem- 
 bly, in respect of property mentioned in such assessment roll, 
 distinguishing such persons as appear qualified as owners 
 from those qualified as tenants or occupants, and shewing the 
 number of the lot or part of lot, or other description of the 
 real property in respect of which they are so qualified ; and 
 in every such incorporated city, the Clerk or Secretary- 
 Treasurer shall make out fir each ward a separate list of the 
 above kind, of all persons entitled to vote in respect of real 
 property situate within such ward ; 
 
 2. If any Municipality is partly in one electoral division 
 and partly \n another for the purposes of any such election, 
 the Clerk or Secretary-Treasurer shall make out for each of 
 such electoral divisions, one such alphabetical list containing 
 the names, with such description of property, of all porsonw 
 on the assessment-roll who are entitled to vote in respect of 
 real property situate in each of such electoral divisions 
 respectively ; 
 
 8. Such Clerk, Treasurer or Secretary-Treasurer shall 
 certify by oath or affirmation, before any two Justices of the 
 Peace, to the correctness of the list or lists so made out by 
 him, and he shall keep such certified lists among the records 
 of the Municipality, and shall deliver a duplicate thereof 
 when finally revised and corrected, certified by oath or 
 affirmation as aforesaid, to the Registrar of the county or 
 registration division within which the Municipality lies ; 
 
 4. And the Clerk, Treasurer or Secretary-Treasurer in 
 any city or municipality in which assessment rolls are not 
 made annually, shall make out in the same manner an alpha- 
 betical list of the same kind from the assessment roll a^ 
 annually revised and corrected by the Assessors ; 
 
 5. A copy of every such list shall bo kept publicly posted 
 up in the office of the said Clerk or Secretary-Treasurer, for 
 the information of all parties concerned, such copy being 
 corrected by the said Clerk or Secretary-Treasurer by the 
 
CITY CHARTER AND OTHER ACTS. 
 
 213 
 
 original when finally revised as hereinafter provided, and 
 again posted up as aforesaid. 
 
 12. The list of voters made in the manner hereinbefore 
 prescribed for any Municipality in Lower Canada (not in- 
 cluding cities), shall be subject to revision and correction 
 in the same manner and by the same authority by which the 
 assessment roll may by law be revised and corrected ; and 
 application may be made by parties desirous of having the 
 same corrected, in the manner and during the period of time 
 provided by law for making applications for corrections in 
 the assessment roll ; 
 
 2. And in cities, such members of the City Council as shall 
 be appointed by such Council for that purpose (or if there be 
 a Board established by law for revising the list or lists of 
 municipal electors or voters, such Board), shall be a Board 
 for revising the list of voters, and application may bo made 
 by parties desirous of having the same corrected, in the 
 manner hereinafter mentioned during such time as shall be 
 appointed by the City Council ; 
 
 8. The said Board or other authority shall take cognizance 
 of any complaint made in writing by one or more electors, to 
 the effect that any property designated in such complaint has 
 been overvalued in the valuation roll, provided such over- 
 valuation would fiave the effect of giving the right of voting to 
 a person not otherwise entitled to vote : And the said Board 
 or other authority shall detormit»e such complaints in tho 
 manner, and with tho formalities appointed with regard to 
 the complaints referred to in the following section. 
 
 IH. If any person deems himself aggrieved either by the 
 insertion or omission of his name in any such list, he shall, 
 cither by himself or his agent, give notice thereof in writing 
 to the (Jlerk or Secretary-Treasurer of the city or munici- 
 pality, within the period aforesaiil, stating gonerully in what 
 manner, and for what reasons he holds himself aggrieved ; 
 and the coinplaint shall bo tried and determined by the said 
 Board or authority at such time and i)laceas it shall ap|)oint, 
 of which reasonable notice shall be given to the complainant 
 and to tlie Assessor or Assessors who made the roll. 22 V., 
 
 Lint Hlll)Jl>Ct to 
 
 rovlHlon, Biiil 
 by whom. 
 
 In placoB other 
 than citiuH. 
 
 In cities. 
 
 Hoard may c.or- 
 roct over vahia- 
 tion, if it would 
 g\vo n votv to n 
 party not other- 
 wiM) eiitilli'd. 
 
 How pcrnonH 
 docmiiiK thcni- 
 HelvcHiijtKrlcvod 
 with rcRiird to 
 8uch llNtii, ithall 
 procood. 
 
 C. 82, S. T). 
 
214 
 
 OITT CHARTER AND OTHER AOTS. 
 
 I'orsonsoinitted 
 fW>in tho list l>o> 
 cause tlioy aro 
 not on tlie as- 
 Hossmont roll, 
 &c., may com- 
 plain and ap- 
 ppttl. 
 
 If any person 
 <>nti>red on the 
 lixt is objected 
 to ; or any per- 
 son Is omitted 
 who is alleaed 
 to bo <|iialiHed. 
 
 Notice to par- 
 ties. 
 
 Board, after 
 hparing parlies, 
 final ly to deter- 
 mine, &o. 
 
 rroreedinfts of 
 the Kevising 
 Board on auy 
 
 2. And whenever the name of any voter entitled to have 
 his name entered on the valuation or assesament roll, or on 
 the revised valuation or assessment roll, is omitted from the 
 list of voters, in consequence of its having been omitted from 
 any such roll or revised roll, such person shall have the same 
 right of complaint and of appeal in order to have his name 
 placed on the said list of voters, as if it had been omitted 
 from the daid list after having been inserted in such roll or 
 revised roll. 22 V. (1859), c. 10, s. 6. 
 
 8. If any person, being himself a voter whose name is on 
 the list, thinks that the name of any other person also entered 
 thereon ought not to have been so entered because such other 
 person is not duly qualified as a voter, — or thinks that the 
 name of any other person not entered thereon should bo so 
 entered because such person is duly (|Ualified as an elector, 
 he may file a complaint to that effect with the Clerk or 
 Secretary-Treasuiier of the city or municipality within the 
 period aforesaid, stating his complaint and the grounds 
 thereof, and the complaint shall be tried and determined by 
 the Board or authority aforesaid at such time and place as it 
 shall appoint, of which reasonable notice shall be given to 
 the complainant and to the Assessor or Assessors who made 
 the assessment roll, and to the person the entry of whose 
 name on the list is objected to, if he' resides within the limits 
 of the city or municipality (and, if not, such notice shall bo 
 openly posted up in the office of the said Clerk or Secretary- 
 Treasurer for the information of all concerned), or to the 
 person whose name is not entered on the said list, but ought 
 to be entered thereon if the complaint be admitted ; 
 
 4. At the time and place so appointed as aforesaid, or any 
 other time and place to which the hearing may be adjourned 
 the sud Board or authority shall, after hearing such of the 
 parties notified as aforesaid as then and there appear, orwi)^ 
 out hearing any of them who fail so to appear, finally del or- 
 mine the complaint and affirm or amend the said list by 
 entering thereon or erasing therefrom the said names, as after 
 such hearing they think right ; 
 
 6. The said Board or authority shall hear and determine 
 any such complaint as aforesaid, and correct the list of voters 
 
OUT CHARTER AMD OTHER AOTS. 
 
 215 
 
 Irmmc 
 iroters 
 
 according to such determination, and may adjourn the hearing 
 in any case at pleasure, and may examine any party or any 
 witness adduced by any party, or any documents or writings 
 offered as evidence, and administer or cause any one of their 
 number to administer an oath or affirmation to any party or 
 to any witness adduced before them, or summon any person 
 resident in the city or municipality to attend as a witness 
 before them ; — ^And if any person being so summoned shall 
 fail to attend at the time and place mentioned in the sum- 
 mons (being tendered compensation for his time at the rate 
 of fifty cents a day, such compensation to be paid by the 
 party whom the said Board or authority condemns to the 
 payment thereof), he shall thereby incur a penalty of twenty 
 dollars, to be recovered with costs, to the use of the city or 
 municipality, in any way in which penalties under By-laws 
 can be recovered ; 
 
 6. All the proceedings under this section shall be summary, 
 and the Board or authority hearing any such complaint as 
 aforesaid (whether in any city or in any other municipality) 
 shall not be bound by any technical rules of proceeding or 
 evidence, but shall proceed upon and determine such com- 
 plaint to the best of their ability, in such manner as they 
 deem most conducive to equity and the substantial merits of 
 the case ; 
 
 14. Any person who has filed any complaint to the Board 
 or authority for revising the lists of voters in any part of 
 Lower Canada, or concerning whom a complaint has been 
 filed, and who deems himself aggrieved by the decision of 
 such Board or authority touching such complaint, may, within 
 eight days after such decision has been given, ftppcal there- 
 from to the Superior or Circuit Court at its place of sitting 
 in the Municipality or nearest thereto, by a petition setting 
 foi'th briefly the grounds of appeal, and shall serve a copy of 
 such petition on the Clerk or Secretary-Treasurer of the city 
 or other municipality, who shall give reasonable notice thereof 
 to the Assessor and other parties concerned. 
 
 2. Any Judge of the Superior Court shall have full pow ti 
 and authority to hear and determine such appeal in a sum- 
 
 such complaint, 
 and tlioir now- 
 ern to docitlc, 
 fto. 
 
 Evidonco— 
 UatliH. 
 
 WitncsRos 
 compollablo to 
 attend, Sco. 
 
 Such proceed- 
 iUKM to bo suni- 
 mary, &c. 
 
 Appeal given 
 from thu Itevix- 
 iiift Ituard to 
 the Superior or 
 Circuit Court, 
 
 Judge to hear 
 and determine 
 on luoh appeal 
 
216 
 
 CITY CHARTER AND OTHER ACTS. 
 
 in a gummaiy 
 way. 
 
 His powen for 
 tliat purposo. 
 
 HiH decision to 
 boflual. 
 
 Costs of appeal, 
 iiow and against 
 Miiom taxable. 
 
 As to evidence. 
 
 Appeal not to 
 aft'ect parts of 
 list not appeal- 
 ed from. 
 
 List finally re- 
 vi.'ied to bo re- 
 turned and 
 posted up. 
 
 No one not 
 upon it to vote. 
 
 marj manner either in term or va<;ation, at such time and in 
 such way as he thinks best for ensuring justice to all parties, 
 and maj direct that any further notice be given to any party, 
 if he thinks proper, and shall have the powers for summoning 
 before him and examining on oath or affirmation, any party 
 or witness and compelling the production of any document, 
 paper or thing, and generally all other powers which are 
 vested in the Superior or Circuit Court in relation to any 
 matter pending before it, but shall not be bound to observe 
 any form of proceeding, except such only as he shall deem 
 necessary for doing substantial justice to all parties ; 
 
 3. The decision of such Judge shall be final and conclusive ; 
 and the Clerk or Secretary-Treasurer having custody of the 
 list of yoters to which it relates, shall correct the same, if any 
 correction be ordered by such decision, immediately on receiv- 
 ing a copy thereof certified by the Clerk of the Court by 
 which it has been given ; 
 
 4. The costs of any such appeal shall be in the discretion 
 of the Judge, and shall be taxed by him at such sum and for 
 and against such parties respectively as he thinks right ; and 
 any party in whose favour any such costs are taxed, may 
 recover them from the party against whom they are taxed, 
 by execution in the manner in which costs awarded by any 
 judgment of the Court may be recovered ; 
 
 6. No evidence shall be received by the Judge on any 
 such appeal, except such as he sees reasonable cause to think 
 was adduced before the Board or authority to whom the com- 
 plaint appealed from was made ; And the pendency of any 
 such appeal shall not affect the validity of those parts of the 
 lists of voters from which no appeal is made, but the same 
 shall for all the purposes of this chapter be deemed finally 
 revised and corrected so soon as the delay allowed for appeal 
 ing has expired : And no proceeding on such appeal shall be 
 void for want of form. 
 
 15. After any such list has been revised and finally cor- 
 rected, it shall be restored to the Clerk or Secretary-Treasurer, 
 who shall forthwith correct by it the copy posted up in his 
 office ; and until another is in a future year made, revised 
 
CITY CHARTER AND OTHER ACTS. 
 
 21' 
 
 Illy cor- 
 
 jasurer, 
 
 in his 
 
 Iro vised 
 
 and corrected in its stead, those persons only whose names 
 are entered upon such list, as finally revised and corrected, 
 shall be entitled to vote at any election of a member of the 
 Legislative Council or Assembly for the city or municipality 
 for which it was made, or the electoral division of which such 
 city or municipality forms part. 
 
 16. The Clerk or Secretary-Treasurer of any city or muni- copies of lists 
 cipality as aforesaid, shall furnish to every Deputy-Returning to Deputy- 
 Officer acting in such city or municipality, or in any ward or officers, 
 division thereof, a true copy or true copies, certified by such 
 Clerk or Secretary-Treasurer, of the list of voters then last 
 revised and corrected as aforesaid, or of so much thereof as 
 relates to the locality for which such Deputy-Returning Officer 
 *s to act ; and such Deputy-Returning Officer shall not receive 
 the vote of any person as being a voter qualified by reason of 
 his being entered on any assessment-roll, unless the name of 
 such person is found upon the copy of the said list furnished 
 to him. 22 V., c. 82, s. 5. 
 
 2. If at the time of any election, no list of voters for the if no list exisf^ 
 current year has been made or exists, the Returning Officer the then last'iist 
 and Deputy-Returning Officers for such election shall be fur- 
 nished with the list of voters last made or existing, and shall 
 govern themselves thereby ; and such list shall have the same 
 effect as if it were the list for the current year. 22 V. 
 (1859), c. 10, s. 5. 
 
 8. If the Clerk or Secretary-Treasurer of any city or muni- if the list oi 
 cipality in Lower Canada does not furnish to every Deputy- furnished to 
 Returning Officer acting in such city or municipality, or in any Keturniiig offi- 
 ward or division thereof, a true copy or copies of the proper ing' officer simii 
 
 «,,,,.„ procure it from 
 
 list of voters, or of so much thereof as relates to the locality for tiio Registrar. 
 which such Deputy-Returning Officer is to act, the Returning 
 Officer shall procure from the Registrar of the county or regis- 
 tration division, or if he be himself such Registrar shall furnish, 
 a copy certified by him to be correct, of the then last list of 
 voters for such municipality, part of a municipality or ward, 
 filed in his office, and shall cause the same to bo delivered to 
 the Deputy-Retuniing Officer ; and the cost of such (fopy shall cost, how puiu. 
 be paid by the Clerk or Secretary-Treasurer in default, and 
 
 CO 
 
218 
 
 CITY CHARTER AND OTHER ACTS. 
 
 No voting 
 wlioro no list. 
 
 I'roviKo: For 
 tho case whon 
 VnluutorH lui- 
 i)oiiit«<i by tno 
 Uoveriior, uu» 
 tlor tlio miiiiici 
 pal laws, ii<>- 
 
 ftlcct to iiiiiko 
 10 valuation. 
 
 If U>o Clerk, 
 fco., of any 
 Miinici|>ality 
 ncKlcctii to 
 draw up tlio 
 alphabetical list 
 re<iuircd, &c. 
 
 may bo recovered from him or from the muiiioipality of which 
 ho is 8uch officer, by the Returning Officer or Registrar who 
 has procured or furnished such copy. 22 V. (1869), c. 
 10, s. 7. 
 
 17. No voting shall bo taken, nor shall any poll be held hi 
 
 any municipality in which no list of voters has boon made : 
 
 2. But if the Valuators appointed by tho Governor, under 
 
 the Municipal Law in force in Lower Canada neglect to make 
 
 the valuation required by tho said law, the Governor shall, on 
 
 tho complaint of tho Chief Officer of the Municipal Council, or 
 
 of tho Registrar of the county, or of two proprietors duly 
 
 qualified to vote in the said municipality, appoint in their 
 
 place other Valuators, who shall be required |jp make the sai(ii 
 
 valuation in tho manner in which it ought to liavo been made 
 
 by tho Valuators whoso duty it was to have made it, and they 
 
 shall in this rospoctj have all the same rights and powers to 
 
 exorcise, and all the same duties to perform, and shall be 
 
 bound under the same penalties in case of failure or neglect 
 
 on their part, and the provisions of the said law shall apply 
 
 to them in the same manner as to the first Valuacus appointed 
 
 by tho Governor ; — And tho time to be allowotl to the former 
 
 Valuators as well as to those subsequently appointed by the 
 
 Governor for making tho said valuation, shall be twenty days 
 
 from the day on which their appointment has been announced 
 
 in the Canada Gazette ; 
 
 3. And if the Clerk, Treasurer, or Secretary-Treasurer 
 neglects to draw up the alphabetical list as required by the 
 eleventh section of this. Act, the Governor, on the complaint 
 of tho Chief Officer of the Municipal Council of the city or 
 other municipality, or on the complaint of the Registrar of the 
 county, or of two duly qualified voters of tho said city or 
 municipality, shall api)oint a Clerk ad hoc to make the said 
 alphabetical list, and the said Clerk ad hoe shall in that 
 respect be vested with all the same rights and powers, and 
 shall have all the same duties to perform, and under the sam^ 
 penalties in case of failure or neglect on his part, as the Clerk 
 of the Municipality himself, and tho Chief Officer and the other 
 Officers of the said Municipal Council (in so far as it shall 
 
CITY CHARTER AND OTHBR ACTS. 
 
 210 
 
 depend on each of them) shall bo bound to deliver up to the 
 said Clerk ad hoc the said valuation-roll, under the penalties 
 imposed by the twentieth section of this Act. 
 
 18. The list of voters mentioned in the eleventh section cf Lintof votomto 
 
 1 /. 11 • 1 1 I 1 ''•^ rovldcd anil 
 
 this Act, shall be considered nnally revised and corrected corrootod by 
 
 ' •' . Jtovi«oni. 
 
 when it has been so revised and corrected by the authority 
 of the Board of Revisers mentioned in the twelfth and thir- 
 teenth sections ; 
 
 2. But if between the day of such final revision and cor- ivovIbo: if 
 
 . 1 n 1 • • «« • «• I witliln B corfalii 
 
 rection, and any time before the issuing oi a writ for the timo it i>o shown 
 
 . '' " to tt.Jiiilflct (hat 
 
 election of a member of the Legislative Council or Assembly, «"yHuoinii.tiiBH 
 
 . "^ •' ' l)«<>n tniiiporod 
 
 it be shown to any Judge of the Superior Court in Lower *'"'- &«• 
 Canada, that the Clerk or the Secretary-Treasurer of a city or 
 Municipality has altered or falsified the said list of voters as 
 finally revised and corrected, or- allowed the same to be 
 altered or falsified, the said Judge shall summon the said 
 Clerk or Secretary-Treasurer of the said city or Municipality, 
 or other Officer in charge of the assessment or valuation rolls, 
 to appear before him and to produce the same, together with 
 the list of voters, and to undergo such an examination under 
 oath as the Judge may require ; 
 
 8. At the time and place appointed for the appearance of roiis and iiHt 
 such person, the Registrar shall appear before the Judge, iM'fo^rdTho"*"' 
 bringing with him the duplicate of the alphabetical list : And " *"" 
 after an examination of the said roll and list, and Avith or 
 without further proof, as he shall see fit, the Judge shall make Judgo (o ordor 
 
 such alterations and corrections in the said list and duplicate necessary. ' 
 thereof as ho considers necessary and proper, in order that 
 the said list and duplicate may be in all respects similar to the 
 list as finally revised and corrected. 22 V., c.82, s. 5, and 
 22 V. (1859), c. 10. 
 
220 
 
 CITY CHARTER AND OTHER ACTS. 
 
 I'ronrablp. 
 
 Within what 
 time tlie revised 
 nsttossmout roll 
 must bo made, 
 under sect. 10 of 
 (;on. Stat. Can., 
 0. (i. 
 
 In dofanit, 
 Assessors to bo 
 appointed by 
 the Governor 
 to ninko it. 
 
 When the list 
 of voters must 
 bo made. 
 
 (27 Victoria, Cap. 8.) 
 
 An Act to amend the law respecting the Qua- 
 lification and Registration of Voters in 
 Lower Canada. 
 
 (Assented to 15</t October, 1863.) 
 
 « 
 
 HER Majesty, by and with the advice and consent of the 
 Legislative Council and Assembly of Canada, enacts 
 as follows : 
 
 1. The duties imposed upon Assessors by the tenth section 
 of the sixth chapter of the Consolidated Statutes of Canada, 
 shall be performed between the first days of June and August 
 in every year in which a valuation roll is not required by 
 law to bo made ; and if a revised and corrected assessment 
 roll be not delivered by the Assessors of any Municipality to 
 the Treasurer or Secretary-Treasurer thereof, on or before the 
 first day of August in any such year, three Assessors shall be 
 appointed by the Governor for that purpose, in the manner 
 provided by the fifty-sixth section of the twenty-fourth chap- 
 ter of the Consolidated Statutes for Lower Canada, and they 
 shall revise, correct and return to the Treasurer or Secretary- 
 Treasurer, as the case may be, the assessment roll of such 
 Municipality, within fifteen days next after the date of their 
 appointment ; and such revised and corrected assessment 
 roll shall, upon such return, be held to be revised, corrected 
 and in force, within the meaning of the said sixth chapter of 
 the Consolidated Statutes of Canada. 
 
 2. The duty of making an alphabetical list of voters, im- 
 posed by the eleventh section of the sixth chapter of the Con- 
 solidated Statutes of Canada upon the Clerk, Treasurer or 
 Secretary-Treasurer of each city or local municipality, shall 
 be performed within fifteen days next after the return to him 
 of the valuation or assessment roll, or the revised valuation 
 or assessment roll, as the case may be. 
 
CITY CHARTER AND OTHER ACTS. 
 
 221 
 
 3. The Clerk, Treasurer or Secretary-Treasurer, as the 
 case may be, of each city and municipality, shall deposit with 
 the Registrar of th< registration division in which such city 
 or municipality is situate, within fifteen days after the com- 
 pletion of the voters' list, a duplicate thereof, certified and 
 attested in the same manner as is required by law for the 
 original voters' list, to be retained by him. 
 
 4. The voters' list then last made and in force in the Cities 
 of Montreal and Quebec, according to the requirements of 
 chapter six of the Consolidated Statutes of Canada, or in any 
 other municipality, according to the requirements of this Act 
 and of the said chapter six, shall be the voters' list, a co))y of 
 which shall be furnished to each Deputy-Returning Officer, 
 and which shall be used at any election of a member of the 
 Legislative Council or Assembly, provided such list has been 
 made, revised, corrected, and a duplicate thereof, duly certified, 
 deposited in the Registry Office, at least one month before the 
 date of the writ under which such election shall be held ; and 
 in case such duplicate has not been dei)osited in the Registry 
 Office at least one month before the date of such writ of elec- 
 tion, then the voters' list last previously made and in force, 
 and a duplicate whereof had been deposited in the Registry 
 Office at least one month before the date of such writ of elec- 
 tion, shall be used ; and no such copy shall be delivered to, 
 or used by, any such Deputy-Returning Officer, unless there 
 is upon such copy a certificate of the Registrar, that a dupli- 
 cate of such list was deposited in his office at a date at least 
 one month prior to that of the writ of election, which certificate 
 the Secretary-Treasurer, the Returning Officer, or Deputy- 
 Returning Officer, as the case may be, shall procure from the 
 Registrar. 
 
 5. Nothing in this Act contained shall prevent the lists of 
 voters, made as aforesaid, from being revised and corrected 
 in the manner prescribed by the twelfth, thirteenth, four- 
 teenth and fifteenth sections of chapter six of the Consoli- 
 dated Statutes of Canada. 
 
 6. The actual assessed value of real property shall be the 
 basis of the right of the owner thereof or of the person occu- 
 
 Duplicato of 
 lli>t tn bo do- 
 noHltod with 
 ItogUtrar. 
 
 Wliat voters' 
 liKt Hhall bo 
 u8od nt any 
 oloctiou. 
 
 Itcgistrar's cer- 
 titlciitc required 
 on tlioli»t iifiod. 
 
 Act not to Pre- 
 vent revision 
 and correction 
 of list. 
 
 AVIiut shall bo 
 the value by 
 which an own- 
 
222 
 
 CITY CIIARTEll AND OTHER ACTS. 
 
 or'g or tenant's 
 riglit to voto 
 Hliall bo oscor- 
 tiiinud. 
 
 Sect 17 of c. C 
 Con. Stat. Can. 
 nmondod. 
 
 No vothift, nn- 
 li>i!8lii$t hanbcon 
 niado and do- 
 
 iiositod with 
 {pgistrar. 
 
 I'ennlty for 
 rcfVisal or 
 noKlt'ct to 
 comply with 
 this Act. 
 
 Limitation and 
 eonHtructioti of 
 Act. 
 
 pying the same as the owner thereof, to vote in respect 
 thereof ; and the annual rent or profit, derived by the owner 
 of any real property from any other person leasing or occu- 
 pying the same as tenant, shall be the basis of the right of 
 such other person to vote as the tenant thereof ; and the 
 annual value ascertained by the Valuators, to any occupant 
 within the moaning of chapter six of the Consolidated Statutes 
 of Canada of the use of such property, shall be the basis of 
 the right to vote as the occupant thereof. 
 
 7. The first paragraph of section seventeen of the said 
 chapter six of the Consolidated Statutes of Canada, shall be 
 amended so as to read as follows: " No voting shall be taken, 
 nor shall any poll be held in any Municipality in which no list 
 of voters has been made and a duplicate thereof, duly certi- 
 fied, deposited with the proper Registrar at least one month 
 before the date of the writ of election." 
 
 8. Every Assessor or Valuator who shall refuse or neglect 
 to revise the assessment or valuation roll, or to deliver the 
 said roll so revised to the Secretary-Treasurer, on or before 
 the first day of August in any year in which a new assessment 
 or valuation roll is not by law retjuired to be made, — every 
 Clerk, Treasurer, or Secretary-Treasurer of a city, town, vil- 
 lage, or other local muncipality, who shall refuse or neglect to 
 make the list of voters within the time limited by this Act, or 
 to transmit to the proper Registry Office a duplicate of the lists 
 of voters within the time limited by this Act, or to perform 
 any duty imposed on him by this Act — shall be liable to a 
 penalty often dollars for each day during which such Assessor, 
 Valuator, Clerk, Treasurer or Secretary -Treasurer shall have 
 refused or neglected to perform any such duty imposed on 
 him by this Act. 
 
 U. This Act shall api)ly only to Lower Canada, and shall 
 be construed as part of the said chapter six of the Gonsoli- 
 dated Statutes of Canada. 
 
CITY CHARTER AND OTHER ACTS. 
 
 228 
 
 •cspcct 
 owner 
 r occu- 
 ight of 
 nd the 
 icupant 
 statute? 
 basis of 
 
 ho said 
 shall be 
 taken, 
 ih no list 
 \y certi- 
 lo month 
 
 r neglect 
 liver the 
 or before 
 [sessment 
 , — every 
 iwn, vil- 
 lojilect to 
 Act, or 
 the lists 
 perform 
 kblo to a 
 Lssossor, 
 liall have 
 bosed on 
 
 lind shall 
 1 Cousoli- 
 
 (27 Victoria, Cap. 2.) 
 
 MILITIA. 
 
 {Extract.) 
 
 SERVICE ENROLLMENT IN LOWER CANADA. 
 
 10. The mode of enrolment of the Militia shall in Lower Modn of onroii- 
 Canada be as follows, that is to say : — the Assessor or Asses- in't"'c. 
 sors, Valuator or Valuators for each Muncipality in Lower 
 Canada, in which a valuation or assessment roll is made in iioiu to bo 
 each year, shall, annually, and the Assessors or Valuators SirHmVaiu." 
 in each Municipality in Lower Canada, in which such roll * 
 is not made annually, shall in each year after the present 
 in which such roll is made, commencing with the year one 
 thousand eight hundred and sixty-four, and at the same time 
 when they are engaged in taking the assessment or valua- 
 tion of real and personal property in their respective munici- 
 palities, inchide in their valuation or assessment roll, the 
 names and residences of all male persons in their respective 
 municipalities between the ages of eighteen and sixty years ; 
 and they shall prepare three additional columns in such valua- ooiumnn for 
 tion or assessment roll, which will be headed respectively ciaHil'iffof'"* 
 "First Class Service Militia Roll,"— and "Second Class "'"""'""'" 
 Service Militia Roll," — and " Reserve Militia Roll." And 
 they shall insert in the " First Class Service Militia Roll " ^int dans, 
 the names of all male persons of eighteen years of age and 
 upwards, but under forty-five years, who are immarricd men 
 and widowers without children ; and in the " Second Class spconti. 
 Service Militia Roll " the names of all persons of eighteen 
 years of age and upwards, but under forty-five years of ago, 
 who are married men and widowers with children ; and in the 
 " Reserve Militia Roll," the names of such persons as are ucsorve. 
 forty-five years of age and upwards, but under sixty years ; 
 and the copy rc(iuired by law to be made of any such valua- copytranimit. 
 
224 
 
 CITY CHARTER AND OTHER ACTS. 
 
 ted to Warden 
 to contain such 
 rollg. 
 
 Cortiflcatotobo 
 attached to such 
 rolls. 
 
 And attested 
 on oatli. 
 
 ItoIIs to bo sent 
 to County 
 Warden tVom 
 certain munici- 
 palities in L. C. 
 
 VroviRlon ns to 
 municipalities 
 in Lower Ca- 
 nada wliere, 
 as.so!<8munt rolls 
 aru not made 
 yearly. 
 
 Proviso: Offi- 
 cers of militia 
 nuiy be ap- 
 pointed to mal(o 
 •uch rolls. 
 
 Powers of 
 ofneern making 
 tlie rolls, 
 
 tion or assessment roll for transmission to the Warden of the 
 county, shall contain the additions herein specified ; and in 
 addition to any oath or certificate required uijder the present 
 or any future laws of this province, to be taken or given by 
 such Assessor or Assessors, Valuator or Valuators, in respect 
 to the assessment or valuation roll, there shall also be made 
 and attached to the said roll the following certificate signed 
 by such Assessor or Assessors, Valuator or Valuators : 
 
 " I do certify that I have truly and faithfully and to the best 
 " of my knowledge, information and belief, set down in the 
 " above militia rolls, the names of all male persons within the 
 " Municipality of (a« the case may ie), liable to be enrolled for 
 " service by the militia laws of this Province ; " and such 
 certificate shall be verified by him or them, upon oath, before 
 a Justice of the Peace. 
 
 11. As respects any city, town, or village municipality 
 in Lower Canada, the assessment or valuation roll whereof 
 is not by law required to be delivered to the County Warden, 
 the Assessors or Valuators shall deliver a true copy, certified 
 as aforesaid, of the militia rolls on any such valuation or 
 assessment roll, to the Warden of the county in which the 
 Municipality lies, within fourteen days after they have 
 completed such roll. 
 
 12. In those Municipalities in Lower Canada in which the 
 valuation or assessment is not made yearly, the Assessors or 
 Valuators shall, between the first day of February and the 
 first day of May, in each year in which such roll is not made, 
 make out militia rolls for the municipality, containing the 
 particulars above mentioned, and shall certify the same as 
 above directed and transmit them to the Warden of the county 
 in which the municipality is situated, before the first day of 
 June in each such year; provided always, that the Coni- 
 raander-in-Chief may, in any year, appoint any one or more 
 officers of the militia to make such militia rolls in any parish, 
 township or other local municipality in Lower Canada ; and 
 in respect of such rolls the said Assessors and Valuators, and 
 each of them, shall have the duties and the same powers for 
 obtaining the requisite information, as they have with respect 
 
 (( 
 
CITY CHARTER AND OTHBR ACTS. 
 
 226 
 
 l*rovi8o : 
 Commaiidor- 
 in-Cliief may 
 oau80 tho mili- 
 tia rollH to 
 bo mado by 
 3Iilltia OfflcorK 
 in certain cancH. 
 
 Their powem 
 aud dutiex. 
 
 Secretary- 
 Treasurer to 
 have tlio rollH 
 and maico tlio 
 countv roll 
 from tbeni. 
 
 to the ordinary valuation or assessment rolls and the militia 
 roll forming part thereof. 
 
 13. Provided always, That in all cases where the Com- 
 mander-in-Chief shall find that a failure to make the Militia 
 Roll for any MunicipaUty has occurred, or sees reason to fear 
 that such failure may occur, in any year, he may appomt one 
 or more officer or officers of militia, resident within such 
 Municipality, to make the Militia Rolls therein for such year; 
 and such officer or officers shall then have, with respect to such 
 rolls all the powers, and perform all the duties, and be subject 
 to all the liabilities, which the Assessors or Valuators for such 
 Municipality would otherwise have had or have been subject 
 to, with respect to the same. 
 
 14. Tho Secretary-Treasurer of each County Council in 
 Lower Canada, to whom the copies of the proper assessment, 
 valuation or local militia rolls, shall for that purpose be forth- 
 with, after their receipt, delivered by the County Warden, 
 shall, within fourteen days after tho receipt by him of such rolls 
 carefully compile from them the County Militia Rolls, shewmg 
 the names aud residences of those on the " First Class Service 
 Militia Roll," " Second Cla^s Service Militia Roll," and 
 *' Reserve Roll," and shall make and attach to the said Rolls 
 the following certificate to be signed by him : 
 
 " I do certify that I have truly and faithfully compiled 
 ^' from the assessment, valuation and militia rolls of the several 
 " Muncipalities in the County of the County 
 
 " Militia Rolls hereto appended." 
 
 And shall verify the same on oath before a Justice of tho 
 Peace, and such County Militia Rolls, so certified, shall bo 
 by the said Secretary-Treasurer forthwith delivered to tho 
 Registrar of the County, \o be filed in his office for use as 
 aforesaid ; and the Socretaiy-Trcasurer of such County 
 Council shall bo paid for tho same at tho rate of twenty-five 
 cents for the compilation of tho names and residences of every 
 ono hundred persons on tho said County Militia Rolls. 
 
 15. The several provisions of the Lower Canada Consoli- 
 dated Municipal Act, and the Acts amending it, and tho 
 provisions of every special Act incorporating or governing 
 
 DD 
 
 Cortincnio. 
 
 Oath. 
 
 County rollH tu 
 be givmi to 
 and ke|>t by 
 tho KegiRtrar. 
 
 Fee to Hecro- 
 tary-TrcBHurt'r. 
 
 Provitlonn anil 
 powem Ibr 
 making anKOHii. 
 ment rolU, ex- 
 
226 
 
 CITY CHARTER AND OTHER ACTS. 
 
 tended to mill- any town or city in Lower Canada, relative to assessments 
 or valuations, shall be applicable to the enrolment of the 
 Service Militia hereinabove mentioned, and shall, in so far 
 as such enrolment extends, be read and deemed as part 
 thereof, and every Assessor or Valuator shall, as regards the 
 making of the said militia rolls, have the same duties and 
 powers and the same liabilities, in case of any default on his 
 part, as he has with regard to the assessment or valuation 
 rolls. 
 
 Tavorn-keepera 16. All tavom-keepers, koopors of boarding houses, persons 
 
 *c , to give »11 ,., J ..,./. ... J . J . 
 
 ncoOTsary in for- havmg hoarders m their lamihes, and every master and mis- 
 tress of any dwelling house, shall, upon the application of any 
 Assessor or Valuator, give information of the names of all 
 persons residing or lod^ng in such house, liable to be enrolled, 
 and all other proper information concerning such persons as 
 such Assessor or Valuator may demand. 
 
 ^ > ^ 
 
CITY CHARTER AND OTHER ACTS. 
 
 227 
 
 ssments 
 of the 
 a so far 
 as part 
 ards the 
 ties anil 
 It on his 
 valuation 
 
 1, persons 
 and mis- 
 on of any 
 Qes of all 
 enrolled, 
 jersons as 
 
 Copies of valu- 
 ation rolls to bo 
 Bent to the She- 
 riflr of tli« H*- 
 trict. 
 
 ■ 27 AND 28 Victoria, Cap. 41. . ' 
 
 {Extract.) 
 
 Jury Lists. 
 
 Sec. 4. Within two months from the tiroo at which this 
 Act comes into force, the Clerk or Secretary-Treasurer of 
 every Municipality, any part of which is within ten leagues of 
 the place of holding the Court in the District in which such 
 Municipality is situate, shall cause to be made and to be 
 delivered without charge to the Sheriff of such district, at his 
 oflSce, a duly authenticated copy of the assessment or valua- 
 tion roll of such Municipality, then in force therein for muni- 
 cipal purposes ; or if such roll has been revised and corrected 
 under the provisions of chapter six of the Consolidated Sta- 
 tutes of Canada, intituled : An Act respecting Election of 
 Members of the Legiilature^ then of such roll as so revised 
 and corrected : 
 
 Sub-sec. 12 of sec. 4. — If any Clerk or Secretary-Trea- 
 surer of any Municipality fails to cause an authenticated copy 
 of its assessment or valuation roll, or revised assessment or 
 valuation roll, as the case may be, to be transmitted within 
 the respective periods of two months, and free of charge to 
 the Sheriff, as hereinbefore provided, the Sheriff shall procure 
 the same from the Secretary-Treasurer ; and ho may recover 
 from the Municipality his disbursements in and about pro- 
 curing the same, including all travelling expenses of a mes- 
 senger, if one be sent ; together with a like amount by way Penalty, 
 of penalty for such failure, with costs, by suit in his own 
 name, bclorc any competent tribunal, 
 
 Or of revised 
 rolls, under 
 cap. G Con. 
 Stat. Canada 
 
 If the rolls be 
 not transmitted 
 in due time to 
 the Sheriff. 
 
An 
 Cc 
 
 foi 
 
 < ( 
 
 T 
 
 the raj 
 
 necessa 
 
 lay out 
 
 opened 
 
 within i 
 
 In the s 
 
 Alderm 
 
 powers 
 
 of Inco: 
 
 whereas 
 
 ing out ( 
 
 the purp 
 
 consequ( 
 
 whereas 
 
 fications 
 
 Therefor 
 
 of the L 
 
 as followi 
 
OITT OHARTBR AND OTHER AOTS. 
 
 229 
 
 (27 AND 28 ViOTOBiA, Cap. 60.) 
 
 An Act to amend the Acts relating to the 
 Corporation of the City of Montreal, and 
 for other purposes. 
 
 (^Assented to ZQth June, 1864.) 
 
 WHEREAS the Corporation of the City of Montreal have Proiunbie. 
 by their petition represented that in consequence of 
 the rapid extension of the City of Mcatreal, it has become 
 necessary to make out a general plan oi the said City, and to 
 lay out, fix and determine the Public Streets and Squares 
 opened or to be opened, continued, extended or widened, 
 within the limits of the said City, and for that purpose to vest 
 in the said City, incorporated under the name of the Mayor, 
 Aldermen and Citizens of the City of Montreal, more ample 
 powers than those conferred upon the said City, by its Act 
 of Incorporation, and the Acts amending the same ; and 
 whereas much difficulty is oftentimes experienced in the carry- 
 ing out of the laws now in force relating to expropriations, for 
 the purposes of public utility, and the delays and loss of time 
 consequent upon the defective working of the said laws : and 
 whereas it is expedient to make certain changes and modi- 
 fications in the municipal administration of the said City: 
 Therefore, Her Majesty, by and with the advice and consent 
 of the Legislative Council and Assembly of Canada, enacts 
 as follows : 
 
 DD^ 
 
280 
 
 OITT CHARTER AND OTHBR ACTS. 
 
 Corporation 
 to employ . 
 Burvoyors to 
 lay out atroots 
 of tbo olty. 
 
 i'roTiso. 
 
 The said 8ur« 
 voyors may 
 enter upon 
 property. 
 
 They bLoII 
 make out 
 plana of 
 •troets, &o. 
 
 Thoy Rimll 
 plaoo bound- 
 ary stones at 
 oornon of 
 now Btroots. 
 
 The laying 
 outofstreetB 
 and plan may 
 
 OBNBRAL PLAN OF THE CITY OF MONTREAL. 
 
 1. It shall bo la>yful for tho said Corporation, at any time, 
 to cause Public Streets, Highways, Places and Squares, within 
 the whole extent of the limits of the said City, to be laid 
 out, fixed and determined at tho City's expense, under 
 the direction and supervision of the Road Committee and 
 the City Surveyor, and to give a name to each of the 
 said Public Streets, Highways, Places, and S(|uare3 : and for 
 that purpose the said Corporation may employ a sufficient 
 number of Surveyors or other competent persons who shall, 
 with all due diligence, proceed to lay out, fix and determine 
 under the direction and supervision aforesaid, and under as 
 uniform a system as circumstances may admit, such Public 
 Streets, Highways, Places and Squares, of such dimension, 
 width and extent, as may appear to them most desirable for the 
 public interest ; t*rovided any such Highway or Street shall 
 not be less than forty feet in width. 
 
 2. The said Surveyors or other persons employed in tho 
 exercise of the duties assigned to them, in and by the preceding 
 section, may, and they are hereby authorized to, enter in day 
 time upon any property or real estate within the limits of the 
 said City; they shall, under the direction and supervision 
 aforesaid, make out plans or maps indicating tho Streets, 
 Highways, Public Places, and Squares now existing, as well 
 as those which they shall lay out and determine, by and in 
 virtue of the present Act ; and they shall designate upon tho 
 said plans or maps, the new lines of the Streets, or sections of 
 Streets, Public Highways, Places and Squares, that the said 
 Corporation may have resolved to widen, in the interest of 
 the public ; and they are hereby enjoined to place solid and 
 durable Boundary-stones at each angle or corner of the new 
 Streets and Public Squares, and Places by them laid out and 
 established ; which said Boundary-stones shall be shewn upon 
 the said plans or maps. 
 
 8. It shall be lawful for the said Corporation to cause tiio 
 said Streets, Public Highways, Places and Squares, to be 
 
CITY CHARTER AND OTHER AOTS. 
 
 281 
 
 laid out, and the plan or map thoroof to bo mado for oaoh u maii(« by 
 Ward separately, according to the preaont division of the City, 
 beginning by such Ward as may bo doomed advisable ; but tho 
 plans or maps of tho different Wards of the said Oity shall be so t« n*rnibut 
 made as to correspond with each other in such a manner as oomiliotvd'. ^^ 
 that, when completed, they shall make but ono and tho same 
 plan, to be known as " The General Flan of the City of 
 Montreal." 
 
 4. When tho plan or map for any ono of tho Wards of the Pi»n for naou 
 said City shall be completed, the said Corporation, by their oompio'tod, 
 Attorney and Counsel, shall apply, by summary petition to the ooniirmation 
 Superior Court for Lower Canada, in tho District of Montreal, ^o^rt. 
 to obtain the confirmation and ratification of tho said plan or 
 map, after having given public notice of the day and hour at 
 which such petition shall be so presented, in four newspapers, 
 two of which, publislied in tho French language and two in 
 the English language, in the said City ; provided that tho said 
 notice shall have at least two insertions in each of tho said four 
 newspapers, and that ono month at least shall elapse between 
 the date of the last insertion of the said notice, and that of the 
 presentation of the said petition; the same formalities shall bo 
 observed for the plan or map of each of tho other Wards of tho 
 said C.ty, as such plan is completed. 
 
 6. Evorysuchplanormapofa Ward, when confirmedbytho rianwhon 
 
 . ~, 1 11 1 n 1 1 • • 1 1 • 1. ooiiflrmnd to 
 
 said Superior Court, shall be final, decisive and binding upon ^ >ii>n> *ui(i 
 tho said Corporation and tho proprietors therein .interested, »" pa"'"» 
 and upon all other persons whomsoever ; and no indemnity or 
 damage shall bo claimed or granted at tho time of tho opening 
 of any of tho now Streets, Public Places or Squares shewn on 
 tho said plan, or at tho time of tho widening of any of the 
 Streets, Public Places or Squares indicated on the said plan, for 
 any building or improvement whatsoever that the proprietors 
 or other persons whomsoever may have made or caused to be 
 mado, after the confirmation of tho said plan, upon any land or 
 property, reserved either for new Streets, Public Places or 
 Squares, or for tho widening of any of tho said Streets, Public 
 Places or Squares of the said City ; provided that nothing con- 
 
282 
 
 Omr CHARTER AND OTHER ACTS. 
 
 tamed in this Act shall be construed as depriving the said 
 Corporation of the right of ^ridening or extending any of the 
 Streets, Public Places or Squares designated in the said plan, 
 after its confirmation, if deemed advisable so to do. 
 
 OnpUoate of 
 plan provided 
 for. 
 
 New streets, 
 when to be 
 opened. 
 
 Term, new 
 streets, bow 
 to be inter- 
 preted. 
 
 Penalty fbr 
 interfering 
 with boun- 
 dary stones. 
 
 6. A duplicate of each of the said plans shall be deposited 
 immediately after its completion in the office of the Prothono- 
 tary of the said Court, and another in the archives of the said 
 Corporation ; and when such plan shall have been confirmed 
 and ratified by the Superior Court as aforesaid, the City Clerk 
 shall make an entry upon the duplicate of the said plan depo- 
 sited in the archives of the said Corporation in the following 
 words : " confirmed by the Superior Cpurt on the 
 day of , one thousand .^* 
 
 7. The S£ud Corporation of the City of Montreal shall have 
 all the necessary powers to open to the public, whenever the 
 said Corporation s|iall deem it advantageous to do so in the 
 interest of the City, any new Street, Highway, Public Place or 
 Square shewn on the said plans or maps, and also to widen any 
 of the Streets, Public Places or Squares thereon indicated as 
 widened, after having adopted, however, the formalities and 
 procedure hereinafter prescribed relative to the mode of expro- 
 priation and the levying of special assessmen1». 
 
 8. The designation of new Streets and Public Places or 
 Squares, in and by this Act, applies to such Streets, Public 
 Places or Squares as have not been opened and named before 
 the passing of this Act. 
 
 9. Any person who shall remove, or in any manner what- 
 soever injure, the Boundary-stones mentioned in the second 
 section of this Act, shall be held as guilty of a misdemeanor 
 and punishable accordingly ; and it shall be competent for the 
 Recorder's Court of the said City to take cognizance of, and 
 adjudicate upon, such misdemeanors. 
 
 EXPROPRIATION AND SPECIAL ASSESSMENT. 
 
 Repeal of for- 10. The sixty-sixth, sixty-seventh, sixty-eighth, sixty-ninth, 
 relative to ex- seventieth, sevcntv-first and seventy-fourth sections of the Act 
 
 propriations &o. i • 
 
 passed in the session held in the fourteenth and fifteenth years 
 
OtSY CflARTER AND OTHER ACTS. 
 
 288 
 
 city Connofl 
 may order 
 opening or 
 widening of 
 streets, and 
 acquire land 
 for that puiv 
 pose. 
 
 of Her Majesty's reign, chapter one hundred and twenty-eight, 
 the fourth section of the Act passed in the sixteenth year of 
 Her Majesty's reign, chapter one hundred and twenty-eight, 
 and the thirty-fifth, thirty-sixth, thirty-seventh and fifty-first 
 sections of the Act passed in the twenty-third year of Her 
 Majesty's reign, chapter seventy-two, and generally all the 
 provisions of the said Acts, or any other Acts, inconsistent 
 with the enactments of the present Acts, shall be, and they 
 are hereby severally repealed. 
 
 11. The Council of the said City of Montreal shall have 
 full power and authority to order, by resolutions, the opening, 
 extending or widening of Streets, Public Highways, Places or 
 Squares, or the construction of public buildings, and to order 
 at the same time that such improvement shall be made out of 
 the City's funds, or that the cost thereof shall be assessed in 
 whole or in part, upon the pieces or parcels of land belonging 
 to parties interested in, or benefited by the said improvement, 
 and to purchase, acquire, take and enter into any land, ground 
 or real property whatsoever within the limits of the said City, 
 either by private agreement or amicable arrangement between 
 the Corporation of the said City and the proprietors or other 
 persons interested, or by complying with all the formaUties 
 hereinafter prescribed, for opening Streets, Public Squares, 
 Markets or other pubUc places, or for continuing, enlarging 
 or improving the same, or a portion of the same, or as a site 
 for any public building to be erected by the said Council. 
 
 12. All Corporations or bodies, and all husbands, tutors, 
 guardians, curators, grevSs de substitution or trustees, who 
 are or shall be seized or possessed of, or interested in any piece 
 or pieces, lot or lots of ground or real property within the said 
 City, selected and fixed upon by the said Couhoil for any of 
 
 " the purposes aforesaid, may not only for themselves, but for 
 and on behalf of all persons whom they represent, or for whom 
 or in trust for whom they are, or shall be seized, possessed 
 or interested, whether minors, issue unborn, lunatics, idiots, 
 femes covert or other persons, contract for, sell and convey 
 such piece or pieces, lot or lots of ground or real property to 
 
 Under what 
 formalities. 
 
 Corporations, 
 tutors, hus- 
 bands, &.O., 
 may sell and 
 convey to the 
 City CounciL 
 
284 
 
 OITT OHABTER AND OTHER ACTS. 
 
 the said Corporation ; and such contracts, sales and convey- 
 ances shall be valid and effectual in law, to all intents and 
 purposes whatsoever, any law or custom to the contrary not- 
 withstanding ; and all Corporations and persons whatever, so 
 contracting, selling or conveying as aforesaid, are hereby in- 
 demnified for and in respect of such sale or cession which he, 
 she, or they shall respectively make by virtue of or in pursu- 
 ance of this Act, without however diminishing, in any manner 
 whatever, the responsibility of such Corporations and persons 
 towards those whom they represent, as regards^the purchase 
 money or compensation of such sales or conveyances. 
 
 Mode of pro- 
 cedure in 
 caees of expro- 
 priation. 
 
 Kotice of ap- 
 plication to 
 tlie Superior 
 Court for ap- 
 pointment of 
 Commiasionera. 
 
 13. In case the Council of the said City, after having resol- 
 ved upon undertaking and carrying out any of the said works 
 or improvements for which it has been necessary to acquire 
 one or more lots of ground or real property, or any part of 
 such lots of ground or real property within the limits of the 
 said City, cannot come to an amicable arrangement with the 
 persons seized or possessed of, upoa any title whatsoever, or 
 interested in, the said lots of ground or real property, or any 
 part thereof, or who may be absent or unknown, as regards 
 the price or compensation to be paid for the said lots of ground 
 or real property, or any part thereof (the said Corporation, 
 however, shall not be bound to take any step or proceeding 
 towards securing such amicable arrangement), such price or 
 compensation shall be fixed and determined in the following 
 manner, to wit : 
 
 1. The Corporation of the said City, by their Attorney or 
 Counsel, shall give special notice addressed through the Post 
 OflSce to the person in whose name the property was lastly 
 assessed on the Assessment Boll, as proprietor at his actual 
 or last known domicile, and shall also give public notice in 
 at least two newspapers, one of which published in the French 
 and the other in the English language, in the said City, which 
 said notice shall have two insertions in each of the said news- 
 papers, that they will, by and through their said Attorney and 
 Counsel, present on the day and hour mentioned in the said 
 notice, to the Superior Court of Lower Canada, in and for the 
 
OITT CHARTER AND OTHER ACTS. 
 
 285 
 
 news- 
 3y and 
 ie said 
 tor the 
 
 District of Montreal, sitting in term, or to any of the Judges 
 of the said Court in Chambers, pending the vacation, and 
 during the months of July and August in each and every 
 year, a petition calling upon the said Court or any one of the 
 Judges thereof respectively, to choose and nominate three 
 competent and disinterested persons to act at: Commissioners 
 to fix and determine the price or compensation to be allowed 
 for each and every such lot of ground or real property, or any . 
 part thereof, which may be required by the said Corporation 
 for the purposes of the said improvements, and which shall be 
 designated in the said notice by giving the boundaries (tenarUa 
 et ahoutmantB) ; and one month at least shall elapse from 
 the date of the last insertion of the said notice in the said 
 newspapers, to the day appointed for the presentation of the 
 said petition; and the said notice shall, moreover, be posted in said notice to 
 both languages, twenty days previous to the date of the pre. pro^r^ to je 
 sentation of the said petition, in three different places, upon 
 each and every lot of ground or real property liable to expro- 
 priation, or in the immediate vicinity thereof; 
 
 expropriated. 
 
 2. The Court or Judge, as the case may be, to whom the said Appointment 
 petition shall have been presented, shall appoint three Com- sionen bythe 
 mi^sioners as aforesaid, and fix the day on which the said * 
 Commissioners shall begin their operations, and also the day 
 on which they shall make their report ; provided always, it 
 shall be lawful for the said Court, or the said Judge, to extend 
 the said delays upon reasonable grounds being shown to that 
 effect ; 
 
 8. The judgment embodying the said appointment shall be commissioa- 
 served, with as little delay as possible, upon the said Commis- copfarootat?* 
 sioners, who shall be held to accept the said office and to p«naity° ^ 
 perform the duties thereof, under the penalty of a fine of one 
 hundred dollars, which it shall be competent for the said Supe- 
 rior Court to inflict upon each of the said Commissioners upon 
 proof of his or their refusal or neglect to perform the said 
 duties ; but the exemptions provided for, in behalf of certaia Exemptiona. 
 persons, by the second section of chapter eighty-four of the 
 Consolidated Statutes :^r Lower Canada, relating to Juries, 
 shall apply e(][ually to any of the said Commissioners, who may 
 
236 
 
 OITT OHARTER AND OTHBR A0T8. 
 
 appertain to any one of the olassea of persons mentioned in 
 the said last cited section ; 
 
 Immediately after the appointment of the said Gommis- 
 
 Clty Survojror 
 to nirnlih 
 CommlKntonon 
 with plan, &o. 
 
 Commiuionora 
 to bo iworn. 
 
 Tholr powort, 
 fto. 
 
 StUrjr, 
 
 Commliiriion- 
 on to bu nir- 
 niiliod witli 
 
 tttlO<dfM<(lN of 
 
 Iota to bo ox- 
 proprktud. 
 
 I'roooduro ft>r 
 MoortAlning 
 Tftluo of pro- 
 party. 
 
 sioners, it shall bo the duty of the City Surveyor to Aimish them 
 with a plan or map shewing the proposed improvement, as also 
 the pieces or parcels of ground or real estate to be expropriated ; 
 
 6. The said Commissioners, before proceeding, shall be duly 
 sworn before the Prothonotary of the said Superior Court in 
 the form specified in the annexed schedule, marked A ; and they 
 shall be vested with the same powers and entrusted with the 
 same duties as are conferred by the laws in force in Lower 
 Canada upon experts in reference to appraisements ; and they 
 shall be entitled to receive a remuneration not exceeding four 
 dollars per day each, during the whole time they shall of neces- 
 sity bo occupied in the performance of the said duties ; 
 
 0. The said Commissioners may, if they deem proper, call 
 upon the proprietors or parties interested, to give them commu- 
 nication of tlioir title deeds ; and upon their failing to comply 
 with such demands, the said Comnii8sioners are hereby autho- 
 rized to procure copies of the said title deeds at the cost of the 
 said proprietors or parties interested ; and the amount of said 
 costs shall be deducted from the price or compensation to be 
 finally awarded to the said proprietors or parties interested for 
 the expropriation ; 
 
 7. It shall be the duty oi the said Commissioners to dili- 
 gently proceed to appraise and dotonnino the amount of the 
 price, indemnity or compensation which they shall doom just 
 and reasonable for each of the pieces or parcels of land or 
 real estate, the expropriation whereof shall have boon resol- 
 ved upon by the City Council or for the damages caused 
 by such expropriations ; and the same Commissioners may 
 act and adjudicate upon the price or compensation for all and 
 every the pieces or parcels of land or real estate, buildings 
 or parts of buildings thereon erected re(iuired for any improve- 
 mont which the said Council may have ordered to bo made 
 or carried out at one and the same time ; and tho said Com- 
 missioners are hereby authorized and required to hear the 
 
OITY OIIARTBR AND OTHER ACTS. 
 
 287 
 
 to dili- 
 
 , of the 
 
 )m just 
 
 and or 
 
 I rosol- 
 causod 
 's may 
 all and 
 ildings 
 provo- 
 
 mado 
 
 II Com- 
 ar tho 
 
 parties and to oxamino and interrogate their witnesses as well Kxamiimtion 
 OS the members of the City Council and the witnesses of tho witiiuM()ii, 
 eaid Corporation ; but the said examination and interrogor 
 tories shall bo made viv<t voce and not in .writing, and shfill 
 oonsocpiently not form part of tho report to be made by tho 
 said Commissioners, any law, usage or custom to the con- 
 trary notwithstanding ; provided always, that if in the dis- r"-ovi«o; tie 
 charge of the duties devolving on tho said Commissioners by <;im»miiMioii. 
 virtue of tho present Act, there should occur a difference binding. 
 of opinion between them as to the value of the i)ieco of land 
 or real estate about to bo expropriated, or upon any other 
 question within their province, the decision of two of tho 
 said Commissioners shall have tho Hamo force and effect as if ' 
 all the said Commissioners had concurred therein ; 
 
 wo 
 
 8. In every case wherein tho Corporation of tho said City incrifwd v». 
 may have resolved to carry out and execute any of tho works <•! |ir«ii.iity to 
 or improvemontH aforesaid, at the City's expense exclusively, conNi.i.iinioii 
 the said Commissionurrf hIiuII bo held to detoriuine and award 
 when the expropriation shall apply to or affect but a portion 
 of tho property or real estate, what may be the damage to or 
 deterioration in value of the residue of tho property or real 
 estate by tho separation from it of tho part required by tho 
 said Corporation, and they shall determine, first, tho intrinsic 
 value of the part of the ])roperty and promises to bo taken, 
 and, secondly, the increased value, if any, of the residue of 
 tho property caused by the projK)sed improvement, and tho 
 differeneo between the intrinsic value of the [)art of tho 
 property and premises reipiirod ; and tho increased value afore- 
 said shall constitute the price or compensation which tho 
 party or parties interested HJiall be entitled to, and when tho 
 said Commissioners shall determine and award that tho 
 increased value is o<iuivalent to or in oxcoss of the intrinsic 
 value of the part of tho property and premises reiiuired, then 
 they shall not award any price or compensation for the part 
 so recjuired or liable to expropriation ; 
 
 0. If ono or more of the said Commissioners, at any timo in cmn ww 
 after thoir appointment, shall fail in tho duo porformunco of onflliiin'th'o 
 
 DD* 
 
288 
 
 CITY CHASTER AND OTHER ACTS. 
 
 duo perform- 
 anoo of their 
 dtiUcK, prooi)od< 
 Ingii limy be 
 Rtayod, ko. 
 
 In euae of 
 death, &o., of 
 CominlMiion- 
 era, others to 
 bo appointed. 
 
 IHkrtici to bo 
 heard by 
 Commissloncrt 
 after public 
 notloe. 
 
 the duties assigned to them in and by the present Act, or shall 
 not fulfil the said duties in a faithful, diligent, and impartial 
 manner, it shall be lawful for the Corporation of the said City, 
 by its Attorney, to apply, by summary petition, to the said 
 Superior Court, or to a Judge thereof, as the case may be, to 
 stay the proceedings of the said Commissioners, and to remove 
 and replace the Commissioner or Commissioners who may have 
 forfeited or violated his, or their, obligations ; and upon such 
 petition the said Court, or Judge, may issue such orders as 
 may be deemed conformable to justice ; 
 
 10. In case any of the said Commissioners should, after 
 being appointed, die, or bo unable to act, the said Court, or 
 one of the Judges thereof, as the case may bo, shall upon a 
 summary petition to that cfibct, to be presented by the 
 Corporation of the said City, after two clear days' notice to 
 be established to the satisfaction of such Court or Judge, 
 replace such Commissioner by another competent and disin- 
 terested person, upon whom the said office shall be binding in 
 the same manner as upon his predecessor ; 
 
 So soon as the said Commissioners shall have completed 
 
 11. 
 
 the proceedings relating to the appraisement, and determined 
 the price or compensation for the pieces or parcels of laud or 
 real property about to be expropriated, they shall give public 
 notice by moans of two plaoai'ds, one in the French and the 
 other in the English language, to bo posted upon or in the 
 immediate vicinity of such pieces or parcels of land or real 
 estate, that on thq day mentioned in the said notice, all 
 parties interested or claiming indemnity, who may consider 
 themselves aggrieved by the said appraisement, shall be 
 heard before them in one of the rooms of the City llall ; and 
 when such parties aggrieved or claiming indemnity shall have 
 been heard as aforesaid, it shall be lawful for the said Com- 
 missioners to maintain or modify, at their own discretion, the 
 appraisement made by them of any piece or parcel of laud or 
 real estate as aforesaid ; 
 
 Report of U- On the day fixed in and by the judgment appointing 
 
 onTobeiX ^10 Said Commfssiouors, the Corporation of the said City, by 
 
 thei 
 
 Cou 
 
 cent 
 
 the 
 
 and 
 
 be, i; 
 
 hero! 
 
 the 
 
 shall 
 
 sequ( 
 
CITY CHARTER AND OTAER ACTS. 
 
 239 
 
 mploted 
 
 3rmiued 
 and or 
 public 
 
 und tho 
 in tho 
 or real 
 
 (ice, all 
 unsidor 
 all be 
 ,11; and 
 11 havo 
 d Com- 
 ion, tho 
 laud or 
 
 lointing 
 
 their Attorney or Counsel, shall submit to the said Superior mittod to the 
 
 Court, or to one of the Judges thereof, respectively, the report urmatiou. 
 
 containing the appraisement of the said Commissioners, for 
 
 the purpose of being confirmed and homologated to all intents 
 
 and purposes ; and the said Court or Judge, as the case may 
 
 be, upon being satisfied that tho proceedings and formalities No appoai 
 
 heroinboforo provided for have boon observed, shall pronounce 
 
 tho confirmation and homologation of tho said report which 
 
 shall be final as regards all parties interested, and con-^ 
 
 aequently not open to any appeal. 
 
 14. In case any Street, Public Place or Square shall be No indemnity 
 laid out and determined before the confirmation and homolo- buiiiitngi 
 
 erected on 
 
 gation of any of tho plans or maps of tho said City, hereinbefore •'r"P»*"Ay ,^ 
 provided for, or if any Strocfc, Public Place or St^uare shown Jj'^JJ™''^!?/^"*' 
 and do'-ifo ;tod on the said plans or maps shall bo widened or «pofnouco. 
 extondr . the confirmation and homologation of the said 
 plans or :. ..^,6^ no indemnity or damage shall be allowed or 
 granted for buildings, structures or improvements which tho 
 proprietors or other persons whomsoever shall have caused 
 to bo erected or made upon any of tho pieces or parcels of 
 land, or real property which tho Corporation of tho said City 
 may resolve to ac(i[uire for public purposes, from the time that 
 the public notice mentioned in tho sub-section number one of 
 the next preceding section, shall have been posted upon tho 
 said pieces or parcels of land or real estate, as aforesaid. 
 
 15. Tho Corporation of the said City shall, within fifteen Anortuo 
 days from and after the confirmation and homologation of ..f Uopurt. 
 the report of tho said Commissioners, make, in tho hands of to .i,.|ioHit 
 tho Prothonotary of tho said Superior Court, Avhoso duty it cmponia. 
 shall be to grant to the said Corporation a written acknow- 
 ledgment thereof, a deposit and consignment of the price or 
 compensation and damages settled and determined in and by 
 
 the said report; and the act of buch deposit and consignment KHMofde* 
 shall constitute, in behalf of the Corporation of tho said City, 
 a legal title to the property of each of the said pieces or i)ar- 
 cels of land or real estate, and from thence all pro[)rietors of, 
 or other persons whatsoever interested in, tho said pieces or 
 
 IKWit. 
 
240 
 
 CITY OHARTBR AND OTUBR ACTS. 
 
 HortffaKM on 
 land oxpro- 
 printed, ro- 
 moved. 
 
 Recoil rso of 
 mortKageot on 
 the price. 
 
 parcels of land or real estate, shall lose and be divested of 
 all their rights or claims thereto, and the said Corporation 
 shall be vested Avith the said pieces or parcels of land or real 
 estate, and may of right and without any further formality 
 enter on possession of, and use the same for any of the pur- 
 poses authorized in and by this Act ; any law, statute or 
 usage to the contrary notwithstanding. 
 
 IG. Any expropriation made in virtue of the present Act 
 shall have the oftcct of removing and paying ofif all mort- 
 gages or privileges with which the said ])ioce8 or ])arcels of 
 land or real estate may bo burdened or encumbered at the 
 time ; but the price or compensation deposited in the hands 
 of the Prothonotary, as aforesaid, shall bo hold to represent 
 the said })ieces or parcels of land or real estate as regards all 
 mortgagees or privileged creditors, whoso rank and priority 
 shall bo preserved in the distribution to bo made of the 
 money deposited conformably to this Act. 
 
 17. When the money shall have boon deposited and con- 
 signed in the hands of the Prothonotary, in accordance with 
 the provisions of the next preceding section, the said Supe- 
 rior Court shall determine the mode of calling forth tho 
 creditors of the party entitled to such money, or his legal 
 representatives and all other parties interested, and issue such 
 orders as may bo deemed advisable and just as regards the 
 delivery or distribution of tho money, or any other matter in 
 connection with the claims or demands of the parties inter- 
 ested ; Provided always, that when the price or comi)on8ation 
 and damages shall be paid in whole or in part to the party 
 entitled to tho same (but this proviso shall not bo hold to 
 apply to his creditors), tho amount of such price or compen- 
 sation and damages shall not bo subject to the tax impo8ud 
 by and in virtue of the twelfth Victoria, chapter one hundred 
 and twelve, nor to tho conunission which tho Prothonotary of 
 the said Superior Court is entitled to receive, nor to any tax, 
 commission or impost. 
 
 18. All tho provisions contained in tho thirteenth sec- 
 tion of tho present Act with regard to tho appointment of 
 
 Money, Iiow 
 to be dixtrl- 
 butud. 
 
 I'roviHo : com* 
 iieiiiintioii not 
 liiiblo to tax 
 under 13 V. 
 cap. iia. 
 
 Exception. 
 
 rrflvUlonR 
 extended to 
 coiniK)n!<ation 
 
OUT CHARTER AND OTHER AOTS. 
 
 241 
 
 GommisBioners and tho mode of osoortaining the value of the 
 pieces or parcels of land or real estate taken by the Corpora- 
 tion of the said Oity, shall be and are hereby extended to all 
 oases in which it shall become necessary to ascertain tho 
 amount of compensation to bo paid by the said Corporation to 
 any proprietor of real estate or his representatives, for any 
 damage he or they may have sustained by reason of any 
 alteration, made by order of the said Council, in the level of 
 any tbotpath or sidewalk, or by reason of the removal of any 
 establishment subject to be removed under any By-law of tho 
 said Oori)oration, or to any i)arty by reason of any other act 
 of tho said Council for which they arc bound to make compen- 
 sation, and with regard to the amount of compensation for 
 which damage the party sustaining the same and the said Cor- 
 poration shall not agree ; and the amount of such compensa- 
 tion shall be paid at once by the said Corporation to the party 
 having a right to tho same, without furtlior formality ; and 
 any person who shall erect any building whatever upon or 
 contiguous to any established or contemplated Street, Public 
 Place or Sijuaro in the said City, without having previously 
 obtained from the City Surveyor tlio level of such Street, 
 Public Place or Scpuiro, shall forfeit his or her claim for dam- 
 ages or compensation by reason of any injury caused to the 
 property when such level shall bo settled and determined by 
 the said Council, through tho Road Committee. 
 
 19. In all cases whore, for tho purpose of opening any 
 Street, Square, Markot-placo or other Public Phico, or for 
 continuing, enlarging or othorwiso improving the said Streets, 
 Squares, Market-places, or other Public Places, or as a wito for 
 any public building to bo erected by the said Corporation, tho 
 said Corporation shall deetn it advantageous to purchase and 
 ac(iuire, or take or enter upon, more than tho ground actu- 
 ally reiiuired for any of tho said pur[)08es, it shall be lawiul 
 for the said Corporation so as aforesaid, to purchase and ac- 
 quire an extent over and above what may be recjuired for the 
 above purposes ; Provided, nevertheless, such extent do not 
 exceed one hundred feet in de|»th by whatever length may 
 exist, and such extent of one hundred feet may bo taken out 
 
 for nHerntioni 
 of level*, Ao. 
 
 rnrtinfi to 
 iilitniii proper 
 level before 
 building. 
 
 ('nrporatlon 
 tiiiiy Hci|iilro 
 a certHJii ex- 
 tent of lund 
 over iind 
 iiliovii iMirtInn 
 re(|iilre(l lor 
 Iniiirovuniuut. 
 
 I'rovlBO! ex- 
 tent limited. 
 
242 
 
 OITT OHAllTTUl AND OTHER ACTS. 
 
 Provlno! party 
 may ubjoot, 
 and Cornora- 
 tion Bhal) tlion 
 tako only land 
 required for tlio 
 improvomout. 
 
 of one or both sides of the said Street, Square, Markot-plaoe 
 or site for any public building, in case the proposed improve- 
 ment applies to both sides of such Street, Square, Market-place 
 or site, as aforesaid ; Provided also that if any proprietor, a 
 portion of whose property may be required for the above pur- 
 poses, objects to the said Corporation taking or acquiring more 
 than the piece or parcel of his lot required for any of the said 
 purposes, such proprietor shall make known his objection by 
 causing a written notice to that effect to be served upon the 
 said Corporation at least two days previous to the day fixed 
 as aforesaid on which the said Commissioners are to begin 
 their operations ; in which case the said Corporation can only 
 take and acquire the piece or parcel of land required for the 
 improvement and no more. 
 
 20. The Corporation of the said City may open, continue 
 or widen any Streets or Highways, and establisli Public 
 Parks or Squares, beyond the limits of the said City, and 
 acquire any piece or parcel of land required for any of the 
 said purposes, in the same manner, and by following tho same 
 formalities as those prescribed in and l)y the present Act for 
 similar improvements withhi the limits of the said City ; Pro- 
 vided, always, that before exercising any of tho powers confer- 
 red upon it by the present section, the said Corporation shall 
 be held to obtain the consent of the municipality within the 
 limits of which such powers are to be exercised, and such last 
 mentioned municipality is hereby empowered to exempt from 
 any tax or assessment, if it sees fit so to do, the Public Parks, 
 Squares or Public Places to be opened or established as afore- 
 said. 
 
 Power to open 
 Btroots, fto., 
 beyond the 
 city limita. 
 
 Proviso ! oon- 
 Roiit of muni> 
 oipality to bo 
 flrat obtained. 
 
 Corporations 
 may lnvo«t 
 price of ooin- 
 pouiation, &c. 
 
 21. Corporations, ecclesiastical or civil, whoso property, 
 or any part of whoso property, shall be conveyed to, or taken 
 by the said Corporation of the City of Montreal, under the 
 authority of this Act, may invest the price or compensation 
 paid for the property so convoyed or taken, in other real pro- 
 perty in any part of this Province, and may tiiko nnd hold tho 
 same, without Her Majesty's letters of mortmain, any law to 
 tho contrary notwithstanding. 
 
OITT OHARTBR AND OTHER AOTS. 
 
 248 
 
 22. So soon as tho report of the said Commissioners shall 
 have boon coufirmod oud ratified by the said Court, or by 
 one of tho Judges thereof, as the case may be, conformably 
 to tho tenth sub-section of the thirteenth section of this Apt, 
 it shall be the duty of the Assessors of the said City, in all 
 cases where tho said Council may have ordered, in confor- 
 mity with the eleventh section of this Act, that the cost of the 
 said works or improvements shall be borne in whole or in part, 
 by tho proprietors or parties interested, benefited or to be 
 benefited by the said works or improvements, to assess and 
 apportion in such manner us to them may appear most reason- 
 able and just, the price or coinpunsation, indemnity, damage 
 and cost of such expropriation or improvement, in whole or in 
 part, conformably to the resolution of the said Council, upon 
 all and every the pieces or parcels of land or real estate which 
 have been benefited, or may hereafter be benefited by such 
 improvement ; and the said Assessors shall have tho exclusive 
 power or privilege to determine what pieces or parcels of land 
 or real estate shall have been or may be benefited, and to what 
 relative or comparative amount ; and tho said Assessors shall, 
 for the purposes of the said improvement, base their valuation 
 upon the actual value of the said pieces or parcels of land or 
 real estate, in view of the said improvement. 
 
 23. Immediately after the completion of tho said special 
 assessment roll, tho said Assessors shall deposit the same, 
 duly certified along with a plan or map, designating all and 
 every the pieces or parcels of land or real estate subject to 
 or liable for the said special assessment, in the office of tho 
 City Clerk, for the examination and ins[)ection of all parties 
 interested: and they shall give public notice of the comple- 
 tion and deposit of the said special assessment roll as afore- 
 said, in at least two newspa[)ers published in the said City, 
 which notice shall have at least two insertions in one news- 
 paper published in the French laiij^imge, and a like number 
 of insertions in one newspaper published in the English lan- 
 guage ; and every proprietor or interested party may, within 
 fifteen days from and after the lust insertion of the said 
 
 In cnHOM whom 
 i)i'()prl<<t(>n« 
 iiHvo to pay 
 ocmt or |iurt 
 ofooit of im> 
 nmvotnoiit, 
 t'lty AHHcmion 
 to NHMMs auoh 
 cost. 
 
 Aurommont 
 Uoll, wliim 
 c(iin|)luU>(l, to 
 bu dupoiltodt 
 
 Public notloo 
 to bo givoii. 
 
 •Revlxlon of 
 AfiMmHmuiit 
 Uoll. 
 
244 
 
 OITT CHARTER AND OTHER ACTS. 
 
 FroTiso. 
 
 notice, apply to the said assessors to make known his grier-* 
 ances, in case such proprietor or interested party shall deem 
 himself aggrieved by the manner in which his property may 
 have been assessed, and thereupon the said Assessors may, 
 and they are hereby empowered to maintain or modify, at 
 their discretion, the special assessment roll ; provided that 
 the delay of fifteen days aforesaid once expired, the said 
 special assessment roll shall of right be confirmed and become 
 in force by the mere lapse of time. 
 
 24. The special assessment mentioned in the next preced- 
 ing section may be recovered by the Corporation of the said 
 City in the same manner as any other tax or assessment which 
 the said Corporation are authorized to impose by their charter 
 and the several Acts amending the same. 
 
 25. The duties assigned to the said Assessors by the 
 twenty-first and twenty-second sections of the present Act 
 may be performed with the same force and effect by the con- 
 current majority of the said Assessors ; and in every case 
 where a difference of opinion may arise between the said 
 Assessors, the decision of the majority of all the Assessors 
 shall have the same force and effect as if the whole of the 
 said assessors had concurred therein. 
 
 Special as- 
 Bessmont, how 
 reoorerable. 
 
 Duties may 
 be performed 
 by a majority 
 oftiioasaes- 
 ■on. 
 
 Now mode of 
 expropriation 
 oxiendcd to 
 improvements 
 ordered be- 
 fore passing 
 of tills Act. 
 
 Local improve- 
 ments extend- 
 ed to stone 
 paving, ke. 
 
 26. The mode prescribed in the precedmg sections for 
 expropriations and for levying and determining special assess- 
 ments shall have force and effect, and shall be followed 
 and applied, not only as regards works and improvements 
 which the Council of the said City may hereafter order to be 
 carried out, but also with respect to all and every the works 
 and improvements which the said Council may have resolved 
 at any time before the passing of this Act to carry out. 
 
 27. It shall be lawful for the Council of the said City to 
 order, by resolution, certain works or improvements in the 
 Streets, Public Places or Squares of the said City, such as 
 dressed stone paving, flagstone or brick footpaths or side- 
 walks, or grading, and to defray the cost of the said works or 
 improvements out of the City funds, or to assess the cost 
 
OITT OHARTER AND OTHBB ACTS. 
 
 245 
 
 thereof, in whole or in part, as the said Council may, in their 
 discretion, deem proper, upon the proprietors or usufructuaries 
 of the real estate situate on either side of such Streets, Puhlio 
 Places or Squares, in proportion to the frontage of the said 
 real estate respectively ; and in the latter case it shall be the 
 duty of the City Surveyor to apportion and assess the cost of 
 the said works or improvements, or such part thereof as the 
 said Council may have determined should be borne by the 
 said proprietors or usufructuaries upon the said real estate, 
 according to the frontage thereof as aforesaid ; and the said 
 assessment, when so made and apportioned, shall be due and 
 recoverable, the same as all other taxes and assessments, 
 before the Recorder's Court. 
 
 28. Every person without a domicile or place of business who shaii 
 within the limits of the said City, shall be deemed to be absent. ° 
 absent, within the meaning of the present Act. 
 
 29. Any Bailiff of the Superior Court for the District of Baiiiflb autho- 
 Montreal, may serve and post up the notifications required notices, fro. 
 by the present Act, and make a return thereof under his 
 
 oath of office. 
 
 WIDENING OF NOTRE DAMB STREET. 
 
 80. Whereas it has been found expedient and in the inter- Recital, 
 est of the proprietors in Notre Dame Street, and also of the 
 citizens of the City of Montreal generally, to complete the widen- 
 ing and enlarging of the said street, which may be considered 
 as the leading thoroughfare of the said City, the said Corpora- 
 tion is hereby authorized to carry out the said improvement in 
 the manner hereinafter prescribed : 
 
 1. Notre Dame Street, in the said City, shall be widened Notre Dame 
 in its whole extent, from Dalhousie Square to McGill Street, Ulonedinits 
 to a uniform width of forty-four feet, French measure ; and 
 the necessary ground or land for that purpose shall be taken 
 on the north-west side of the said street, with the exception of 
 a small portion at the extreme east end thereof, which requires 
 to be widened on both sides ; 
 
 DD^ 
 
246 
 
 OITT CHARTER AND OTHER ACTS. 
 
 To bo divided 
 into seotions. 
 
 One year al- 
 lowed for each 
 section . 
 
 Cost of im- 
 provement, by 
 wliom borne. 
 
 Commission- 
 en to talce up 
 each section of 
 Notre Dame 
 street seria- 
 tim, &c. 
 
 2. That said Notre Dame Street, for the purposes of the said 
 improvement, shall be divided into four sections, as follows : 
 
 Fint Section: That portion of Notre Dame street lying 
 between St. Lambert and St. Francois Xavier Streets, 
 between St. Peter and DoUard (late Guiilaume) Streets, 
 and between Gosford and Bonsecours Streets ; 
 
 Second Section: That portion of Notre Dame Street lying 
 between St. Peter and St. Francois Xavier Streets. 
 
 Third Section: That portion of Notre Dame Street lying 
 between St. Lambert and St. Gabriel Streets, and between 
 DoUard (late Guiilaume) and McGill streets ; 
 
 Fourth Section : That portion of Notre Dame Street lying 
 between St. Gabriel and Gosford Streets^ and from Bonsecours 
 Street to Dalhousio Sq^uare ; 
 
 8. One year shall be allowed to complete each section, the 
 first year to begiii from the date of the passing of this Act ; 
 
 4. One half of the cost of the said improvement shall be 
 borne by the. said Corporation. out of the proceeds of the loan 
 hereinafter provided for, or out of the general funds of the said 
 City, and the other half by the proprietors in the said Notre 
 Dame Street, by means of a special assessment to be levied 
 as hereinafter provided, upon the real estate fronting on Notre 
 Dame Street, the whole of which shall be held to have been 
 equally benefited by the said improvement, and shall be 
 equally rated or assessed to provide one-half the expense of 
 the said impi'ovement, as aforesaid ; and the assessed value of 
 all real estate fronting on the said street for the present year 
 (one thousand eight hundred and sixty-four), shall be held 
 to be the assessed value thereof for all the purposes of the 
 said improvement ; 
 
 6. It shall be the duty of the said Commissioners, and they 
 are hereby authorized, to take up each section of Notre Dame 
 Street as aforesaid seriatim, but without intermission, and to 
 complete their labours for the four sections as early as possible 
 before the expiration of the present year one thousand eight 
 hundred and sixty-four ; 
 
OITT CHARTER AND OTHER AOTS. 
 
 241 
 
 id they 
 
 Dame 
 
 and to 
 
 possible 
 
 Id eight 
 
 0. In the appraisement or valuation to be made by the said 
 Commissioners, of the pieces or parcels of land or real estate 
 required to widen Notre Dame Street as aforesaid, no claim 
 for damages arising from leases made after the passing of this 
 Act shall be considered as valid or binding upon the said 
 Corporation. 
 
 31. After the confirmation and homologation of the report 
 of the said Commissioners for each section of Notre Dame 
 Street as aforesaid, the Council of the said City may levy, by 
 By-law, a special rate or assessment on all real estate fronting 
 on the said street, according to the assessed value thereof as 
 aforesaid, sufficient to cover one-half the expenditure incurred 
 in completing the widening of the section of Notre Dame Street 
 referred to and embraced in the said report, which said special 
 rate or assessment shall be payable at such period or periods 
 as the said Council may fix and determine. 
 
 32. It shall be lawful for the said Council, by any such By- 
 law, to extend the time or period fixed for the payment of the 
 said rate or assessment, and to charge interest not exceeding 
 seven per centum on the amount of all such rates or assess- 
 ments for which a delay may be granted, as aforesaid. 
 
 33. Any proprietor in the second, third or fourth sections 
 of Notre Darae Street aforesaid, whose property, or a portion 
 of whose property, is required for the said improvement, who 
 may be desirous of anticipating the time fixed for carrying out 
 the said improvement in front of his property, may do so, by 
 amicable arrangement, at any time before the confirmation 
 and homologation of the report of the said Commissioners for 
 the section of the said street in which such proprietor is 
 interested, or after the confirmation and homologation of the 
 said report by an acceptance of the terms or price sot upon 
 his property in the said report. 
 
 34. For the purpose of enabling the said Corporation to 
 meet its share of the expenditure to be incurred in widening 
 Notre Dame Street as aforesaid, it shall be lawful for the said 
 Corporation to effect a special loan, not to exceed One Hun- 
 dred md Fifty Thousand Dollars, to be designated " The 
 Notre *Dame Street Loan." 
 
 As to le«w>ii 
 iniido ftltcr the 
 pasglnff of 
 this Act. 
 
 City Council 
 may levy 8pc> 
 cial assoss- 
 moiit on real 
 OHtato in 
 Notre Dame 
 street; 
 
 And grant do- 
 lay for nay- 
 niont or said 
 assessment. 
 
 Proprietors in 
 2nd, Brd or 
 4tli sections 
 may antici* 
 
 Sato period 
 xed for the 
 improvemont. 
 
 I^an of fflSO,- 
 000 for the 
 Notre Dame 
 street im- 
 provement. 
 
248 
 
 OtTY (lUAUTHU AND OTHISU AOTH. 
 
 l.iwiiot'«tAO,< 
 (NM) (o oiiiii 
 
 |lt|lt«l llix 
 
 tlrnliinKo of 
 tlu> vily, 
 
 LokMoflino,' 
 (HHt Uir n MOW 
 liny MKi'k«<l, 
 
 rnriioriktlun 
 nmy Imui* (Io> 
 iMtnturoN ftir 
 tli«> mIhivo 
 lunnn, tluUr 
 tUrm. fto. 
 
 Interest, oou- 
 
 IHIIIH, ftc. 
 
 MIHdIQUiANUmiH I'llUVIXtONH. . 
 
 nr>. For tlio pur|)OM0 nf oxtondiiiji; ami ootnplotirig t)io 
 Driuniigo of tlio Nuid <Mty, it nIuiU I>» lawl^il lor tho Niiid 
 (Joritorivtitui to l»orr(»w, ovor ami above tho ainoiitit of tlio loan 
 whioli tho hkUI Corporation Ih authorisKod to tnako in and hy 
 liio pi'oviMionH of tliu tirnt Hootion of thu Aot paNNod in tho 
 twonty-fifth y(Mir of I lor MaJtJHty'K roign, ohajjtor forty-fonr, 
 Hiioh Htun or Hunm of nionoy, not oxootMlinjy; Ono Kiindrod and 
 Filly 'fhonsand Dollarn, nn tho naid Corporntion may find it 
 noooHHary or oxpodiont to l>orr«)W for tho oxtcnwon and com- 
 piotion of tho Draina^o of tho City. 
 
 M, For tho purpoHo of oHtahlinhin^ a now llay Markot in 
 tho Haid ('ity, it nhall ho hiwftd for tho Hiiid (y(»r[»oratlon to 
 oftbot a spooial loan of Sixty Tiiotinand Dolhirrt, to ho doHig- 
 nated " Tiio No\y Hay Markot Loan." 
 
 H7. It shall bo lawftd for tho Coriwration of tho said City 
 to mm nndor tho hand of tho Mayor and tho Hoal of tho Haid 
 Corporation, dobonturo8 or Corporation bondu to tho aniount 
 of tho rcHpootivo stuns >vhioh tho said (Corporation is omt)ow- 
 onnl to borrow, in and by tho throo next jtrooodin^ sootions, 
 payablo twonty-fivo yoara afbor tho dato of tho issno thorool" 
 rospootivoly, and boarinjo; intorost, payablo somi-annually, on 
 tlio firet day of May and Novombor in oaoh and ovory your, 
 and at a rate not oxcoodinj^ six por contiun per annum ; and 
 all such dobonturos shall bo hoadod with tho words or titlo 
 " The Notre Dame Street Loan,'" " 'Me Drainage Loatiy'" 
 or " .7%tf iV<*?<; Ifat/ Market Loan,** as tho case may bo, to 
 designate tho o])joct and piu'poso for which thoy shall bo 
 issued ; thoy may bo issued from time to time, at such periods 
 and for such amounts as shall bo doomed expedient, and they 
 may have cotipons annexed to them for tho half yearly interest 
 payablo on them, which coupons, being signed by tho Mayor 
 or tho Troasurer of tho said Corporation, shall bo ro8i)ectively 
 payable to tho bearer thereof when the half-yearly interest 
 therein mentioned becomes due, and shall, on payment thereof, 
 bo delivered up to tho said Corporation ; and tho possession 
 
(]ITY OIIAIlTtCIl AND OTIIKIl MitH. 
 
 249 
 
 of miy Miiuh ooufMmN hy tlio Odrporatlon nhnll ho jmm4 fann 
 ovitUiiKM) that tho half yoar'M itittiroMt thoi'oiii inoutiotiiMl hiw 
 houti iiaid au<3or<UiiK to tho toiior of Hiioh dohotituroH or hotidrt; 
 and aH woU tho ititoroMt mh tho prinuipal tlioroof arc an<l Mhall 
 bo Hoourud on tho gonuml fiuuU of llio Maid Corporation. 
 
 JIH. Tho amount which tho maid Oorfjoration \n oinpoworcd Amontitor 
 to borrow hy tho noxt proccMlin^ HoctionH, niay I)o borrowed UHnowlihn 
 oithor in thin I'roviiuMi or (ilHowhoro ; and tho prinui[)ul Hiim, or oiiKnviH.ro, 
 and intoroHt thoroon an aforoHaid, niny bo niado paya! lo oithor 
 iit thin Provinoo or olHowhoro, and oithor in Htr-rling t; nioy or 
 tlio otirronuy of thiM I'rovinco, or in that of tho phioo whoio 
 thu Hanio (thall bo i)ayablfl ; and gonorally all tho proviHioNK ol' 
 tho Acti4 now in foroo aH to <lobontiiroM iHHiiod by i]u, Haid 
 Oorporation Hhall apt)ly to thoMo to bo iHHuod undor thin Act, 
 oxcopt only in so far im thoy may bo uiconHiMtont with thio Act. 
 
 iWK Whoroas tho modo hithorto adopted of enforcing pay- ii,wi*,i, 
 mont of aHHOHflntentM, taxoH, dutioN, wator-ratoH and other Cit) 
 diien, by defa«dterH in tho said City, hart been found to bo 
 cumborMomo and dilatory and attended with groat hm to tho 
 roveniio of tho said City ; and whereas it w expedient to 
 adopt a moro Htunmary and effectual tnodo of recovering tiio 
 same: thoroforo, n|»on tho return by tho City AHSoHsors, of Notice to 
 the assoHsmont roll for any of tho Wards of tho said City, and " "'i'"'"'"' 
 tho revision and completion of tho same, or upon tho return 
 of any supplementary roll of assossment, tho Treasurer of tho 
 said City shall give public notice (according toFo^ i ^, in tho ForraB. 
 schodulo hereunto annexed) in at least two nowspiij ors pub- 
 lished in tho English language, and two newspapers published 
 in the Fronch language, that the said assessr r nt roll or sup- 
 plementary return is completed and doiK*- ed in his office, 
 and that all persons whoso names appear therein as liable for 
 tho payment of any assessment, tax or duty, are required to 
 pay tho amount thereof to him or his assistants, at his office 
 in tho City Hall, within twenty days from the date of tho 
 last insertion of tho said notice in the said newspapers ; pro- 
 vided that tho said notice shall have at least four insertions in 
 each of the said newspapers. 
 
250 
 
 CITY CHARTER AND OTHER .ACTS. 
 
 Special notice 
 to rate-payers 
 in arrears. 
 
 Form C. 
 
 The preced- 
 ing section 
 not to apply 
 to non-resi- 
 dents. 
 
 J r parties ne- 
 glect to pay 
 for the space 
 of flfteeiidays, 
 assessments to 
 be levied by 
 seizure and 
 sale. 
 
 FormD. 
 
 SuitmKntion 
 ol luirlio!* Iiav- 
 ing liypotliecs. 
 
 40. If at the expiration of the said twenty days any assess- 
 ment, tax or duty remain unpaid, the said Treasurer shall 
 leave, or cause to he left, at the usual place of residence, 
 domicile, office or place of business of the person owing such 
 assessment, tax or duty, or with him personally, a statement 
 in detail of the various sums and of the total amount of assess- 
 ments, taxes or duties exclusive of water rates, and shall at 
 the same time, in and by a notice annexed to such statement 
 (according to Form C, in the schedule hereunto annexed), 
 demand payment of the assessment, taxes or duties therein 
 mentioned, together with the costs of the service of such 
 notice, according to such tariflf as the Council of the said City 
 may establish. 
 
 41. The provisions of the next preceding section shall not 
 apply to persons residing beyond the limits of the said City ; the 
 said persons shall be bound to pay their assessments, taxes or 
 duties, within thirty days after the public notice mentioned 
 in the thirty-ninth section of this Act, without it being neces- 
 sary that any demand should be made upon them cither per- 
 sonally or at their domicile, office or place of business. 
 
 42. If any person in the said City neglects to pay the 
 amount of assessments, taxes, or duties imposed upon him, 
 for the space of fifteen days after such demand made as 
 aforesaid, the Treasurer of the said City shall levy the same, 
 with costs, by warrant to bo issued b^ the llecorc'or's Court 
 of the said City (according to Form D, in the schedule here- 
 unto annexed), authorizing the seizure and sale of the goods 
 and chattels of the person bound to pay the same, or of any 
 goods and chattels in his possession, wherever the same can 
 be found within the said City ; and no claim of property or 
 privilege thereon or thereto shall bo available to prevent the 
 sale thereof for the payment of the assessments, taxes or 
 duties and costs, out of the proceeds thereof; provided always 
 that any party having any hypotheque, lien, or privilege upon 
 property real or personal out of the proceeds of which the 
 said Corporation shall bo paid any assessments duo which 
 shall have accrued in respect of other property, such party 
 
CITY CHARTER AND OTHER ACTS. 
 
 261 
 
 shall be subrogated to and shall have the right to exercise 
 the rights and privileges possessed by the said Corporation at 
 the time of such payment in respect of such other property 
 as to such assessments. 
 
 43. Before proceeding to the sale of the goods and chattels Notice of gaio. 
 of any person indebted as aforesaid, the Treasurer of the said 
 
 City shall give public notice (Form E) of the day and place Form e. 
 of sale, and of the name of the person whose goods and chat- 
 tels are to be sold, which said notice shall be affixed or posted 
 in a conspicuous place at the entrance of the City Hall of the 
 said City, at least forty-eight hours previous to such sale. 
 
 44. If the goods and chattels seized are sold for more surplus of 
 than the Avhole amount of assessments, taxes or duties levied Fniitogoto 
 for and the costs attending the seizure and sale, the surplus to?.'*'"*'' *^ 
 shall be returned to the person in whose possession such goods 
 
 and chattels were when the seizure was made ; but if any irtheriKiitto 
 claim for such surplus is previously made by any other per- cuISned by 
 
 1 « 11 J • 1 • i< . • -1 divers parties. 
 
 son by reason of any alleged right of property or privilege 
 upon such surplus, and such claim is admitted by the person 
 for whose assessments, taxes or duties the seizure was made, 
 such surplus shall bo paid to such claimant ; and if such claim 
 be contested, the surplus money shall be retained by the said 
 Treasurer until the respective rights of the parties bo deter- 
 mined by the Recorder's Court. 
 
 « 
 
 45. Within a week from and after the time appointed Notice to 
 by any By-law of the said Council for the payment of the 
 water rates imposed for any supply of water given or fur- 
 nished from the Montreal'Water Works in the said City, the 
 Treasurer of the said City shall give public notice (according 
 
 to Form F, in the schedule hereunto annexed) in at Icaat two Form f. 
 newspapers published in the French language, and two news- 
 papers published in the English la.iguagc, that the snid water 
 rates are due, and that all persons liable for the payment of 
 any of the said rates are required to pay the amount thereof 
 to him, at his office, within twenty days from the date of the 
 last insertion of the said notice in the said newspapers ; pro- 
 vided that the said notice shall have at least four insertions 
 in each of the said newspapers. 
 
262 
 
 CrrY CHARTER AND OTHER ACTS. 
 
 Special notice 
 to water 
 tenants in 
 arroan. 
 
 Form 0. 
 
 If water ten- 
 ants neglect 
 to pay, rates 
 to DO levied 
 by seizure 
 and sale. 
 
 City Cleric to 
 cpoce boinff 
 Clorlt of Ito- 
 oordor's Court. 
 
 Cleric to be 
 appointed bv 
 City Council. 
 His powers, 
 fco. 
 
 Certain Judg- 
 moiits of 
 Ht'cordcr's 
 ("oiirt to 1)0 
 iumnmrllv 
 rogistoro«i. 
 
 46. If at tho expiration of the said twenty days any 
 of tho said water rates remain unpaid, the said Treasurer 
 shall leave, or cause to be left at the usual place of residence, 
 domicile, office, or place of business of such person in arrear, 
 or with him personally, a statement (according to Form C, in 
 tho schedule hereunto annexed) in detail of tho various sums 
 and the total amount of water rates duo by such person, and 
 shall at the same time, in -and by a notice annexed to such 
 statement, demand payment of the water rates therein men- 
 tioned together with the costs of the service of such notice, 
 according to such tariif as the said Council may establish. 
 
 47. If any person in tho said City neglects to pay the 
 amount of water rates duo by him, for the spa !e of fifteen 
 days after such demand mado as aforesaid, the Treasurer of 
 tho said City shall levy the same with costs in the same man- 
 ner as unpaid assessments, taxes or duties are levied under 
 the forty-second, forty-third and forty-fourth sections of this 
 Act. 
 
 48. From and after the passing of this Act tho City 
 Clerk of tho City of Montreal shall cease to Act ex-officio as 
 Clerk of the Recorder's Court of the said City ; but a fit and 
 proper person shall be named and appointed during pleasure, 
 by the Council of the said City, to act as Clerk of the said 
 Court, with the same powers as those conferred upon the City 
 Clerk, in relation to the said Court, by the Act fourteenth 
 and fifteenth Victoria, chapter one hundred and twenty-eight, 
 and the Act sixteenth Victoria, chapter twenty-seven. 
 
 49. It shall not bo necessary hereafter to register at full 
 length the proceedings and judgments of the Recorder's Court 
 of the City of Montreal, in so far as regards the prosecution 
 and conviction of all persons charged with drunkenness or with 
 any of the offences mentioned in the thirty-second section of 
 tho Act twenty-third Victoria, chapter seventy-two, intituled: 
 An Act to amend the provisionn of the neveral Acts/or the 
 Incorporation of the Citjj of Montreal ; but it shall suffice in 
 such cases that a roll of all convictions before the said Court, 
 giving the name of tho Defendant, the date of conviction and 
 
OfTT OHAKTER AND OTIIBR ACTS. 
 
 268 
 
 tho nature of the offence, be kept, without further registration; 
 any law or usage to the contrary not>viths<uiMling. 
 
 50. Tho Council of tho said City shall h..ve power, in any Finos and 
 By-law or Ordinance passed for any purpose set forth in ttio violation of 
 Act incorporatliig tho said City, or any Acts amending tho 
 same, for enforcing the provisions thereof, to impose a Fine 
 not exceeding Twenty Dollars and costs of prosecution, with 
 Imprisonment in the Common Gad or in the House of Correc- 
 tion, at hard labour, for a period not exceeding One Calendar 
 Month. 
 
 61. All fines and penalties sued for, imposed, levied or KinoHin tiio 
 
 Itoounior'a 
 < '(iiirt to bo- 
 lonf( to Coi^ 
 
 Kino and pon* 
 ally for ai- 
 Ratiltiiig po- 
 llcuniftn In the 
 oxi«utlon of 
 thoir duty. 
 
 recovered in the said Recorder's Court, under and by virtue courttobo- 
 of any Statute now or hereafter to bo in force shall belong puraUon 
 to and form i)art of the general fund of the said City, any 
 law to the contrary notwithstanding. 
 
 52. If any person shall commit an assault and battery on 
 any Police Officer or Constable ajipointed under the Act 
 fourteenth and fifteenth Victoria, chapter one hiuidred and 
 twenty-eight, in the execution of his duty, or shall aid or 
 incite any person so to do, every such offender, upon being 
 convicted thereof before the Recorder's Court of the said City, 
 shall, for every such offence, forfeit and pay a Fine not exceed- 
 ing Twenty Dollars and costs of prosecution ; and shall, more- 
 over be imprisoned in the Common Gabl or the House of Correc- 
 tion at hard labour, for a period not exceeding Two Calendar 
 Months ; Provided always, tho said Court slmll have the option 
 to adjudge the said offender to the said fine and imprisonment 
 with costs as aforesaid, or tho said fine and costs ; and in 
 default of immediate payment of the said fine and costs, that 
 the said offender be imprisoned at hard labour for a {Kiriod not 
 exceeding Two Calendar Months, unless the said fine and 
 costs be sooner paid. 
 
 53. The Recorder's Court of the said City of Montreal 
 shall have concurrent jurisdiction with the Circuit Court, 
 or with any Judge of the Superior Court in tho District of 
 Montreal, as to matters between Lessors and Lessees, and 
 
 I'rnvUo: a« 
 to piinmbnuinA 
 ofolRindor. 
 
 Jiirlndlction 
 oftlin Itooord* 
 cr'K r«»urt ex* 
 toiidi'il tfi 
 cantH) iM'twMm 
 IcMiin and 
 
 IVUMNM. 
 
264 
 
 CITY CHARTER AND OTHER A0T8. 
 
 may act in virtue of tho Act of the Consolidated Statutes for 
 Lower Canada, chapter forty, intituled : An Act concerning 
 Lessors and Lessees^ and of the Legislative provisions amend- 
 ing the same, in the same manner and with ^he same for. 
 malities, as the said Circuit Court, or any of the Judges of 
 he said Superior Court, is directed to proceed in and hy the 
 above last cited Act, as regards tho ejection of the Lessee for 
 committing waste upon tho promises or part of tho premises 
 leased, or for refusing or neglecting to pay his rent or any 
 part of his rent, or for using the premises leased, contrary to 
 tho intent for which they wore leased, or because the term of 
 his lease, cither written, verbal, or presumed, is expired ; and 
 the said Recorder's Court shall have and possess, to that end, 
 all the necessary powers and authority including that of issuing 
 writs of summons, execution and possession, and to fix and 
 determine the costs to be paid by the losing party, which 
 cost however shall not include any Attorney's fees ; Provided 
 always that tho competence of the said llecordor's Court shall 
 be limited to cases where the consideration or annual value 
 of the property occupied shall not exceed the sum of one 
 hundred dollars, and which shall apply to premises or real 
 estate situate within tho limits of the said City. 
 
 I'rovUo: pow- 
 er llinltod to 
 property of a 
 eertain value. 
 
 And alro m- 
 oovcry ofwr- 
 vant'B wagoti, 
 ke. 
 
 Rooital. 
 
 64. The said Recorder's Court shall also have summary 
 jurisdiction over all demands not exceeding twenty-five dollars 
 for tho recovery of wages and salaries of servants, journey- 
 men, or labourers employed by the day. 
 
 65. Whereas by an Act of tho Parliament of this Province, 
 passed in the eighteenth year of Her Majesty's reign, chap- 
 tor one hundred and forty-two, the property, estate, chattels 
 and effects bc(iueathed by the late John Conrad Marsteller, 
 for the purjMse of establishing in tho said City of Montreal 
 a House of Industry, wore transferred from tho hands of 
 tho late Wardens of tho House of Industry, to and made to 
 vest in tho said Corporation of the City of Montreal ; and 
 whereas it is believed that tho purposes for which tho said 
 late John Conrad Marsteller so bequeathed the said property^ 
 will be more effectually accomplished by transferring tho said 
 
OUT OHARTBR AND OTHER ACTS. 
 
 256 
 
 ovmco, 
 chap- 
 lattols 
 stcUor, 
 ontroal 
 nda of 
 ado to 
 ; and 
 
 9 said 
 perty, 
 
 10 said 
 
 City Council 
 aiitnoiixod to 
 truiiffbr CH- 
 tatn of Into <T. 
 O. Mariitolloi-, 
 to cnrtain 
 iuatitutloiii. 
 
 Proviao; oon- 
 illtiuii of 
 tranvfer. 
 
 property to a duly established and permanent institution or 
 institutions in the said City, having for object to relieve and 
 assist the poor : therefore, it shall be lawful for the Corpora- 
 tion of the said City, at any time after the passing of this Act, 
 to transfer all and every the estates, property, moneys, chat- 
 tels and oflfocts vested in and now in the hands and possession 
 of the said Corporation, as aforesaid, to any duly established 
 and permanent institution or institutions, in the said City of 
 Montreal, having for object to relievo and assist the poor, and 
 provided with a House of Refuge, with power to hold, use, 
 appropriate, sell and dispose of the said estates, property, 
 moneys, chattels and effects tor the best advantage possible, 
 for the exclusive purposes of a House of Night Refuge, not- 
 withstanding anything contained in the said last cited Act ; 
 provided, however, and it is hereby expressly enacted, that 
 in any institution or institutions to which a transfer may bo 
 made of the said estates, property, moneys, chattels and effects, 
 or any part thereof, under the provisions of this section, 
 admission shall be given to the poor, indiscriminately and 
 without any distinction of creed or nationality. 
 
 60. Whereas the Corporation of the said City is authorized 
 in and by the Act passed in the twenty-seventh year of Her 
 Majesty's reign, chapter fifty-four, to aid the Grand Trunk 
 Railway Comimny of Catuida in the osttiblislunent of a City 
 Terminus at or near Chaboillez Square, in the said City of 
 Montreal, by means of a grant of money to the amount of fifty 
 thousand dollars ; and whereas it is deemed more expedient 
 that tlie said grant should be a[)plicd tcwards purchasing the 
 necessary groimd to be acfpiired for establishing the said rail- 
 way terminus : therefore it shall be lawful for the Corjioration 
 of the said City to purchase and acquire, ui the snme manner 
 as the said Corporation is authorized to acijuire or expropriate 
 property or real estate for the opening or widening of streets 
 generally, in and by the present Act, all pieces or parcels of 
 land or real estate retiuired to establish, enlarge, or improve 
 the said terminus, and to connect the rails of the said Company 
 with the harbour of the said City from any point not more than 
 four hundred feet beyond the south-western limits of the said 
 
 Itooltol. 
 
 city ('oiincll 
 aiithorUnd to 
 ii(;(|iilro pro- 
 |M'rly to the 
 I'.xtciit of 
 KfWMKX) lor 
 till) (irntifl 
 Iriiiik Itall- 
 wny t'lty 
 'rurniiiiui). 
 
m 
 
 OITT CHARTER AND OTHER AOTB< 
 
 FroTlso. 
 
 Council to 
 have power 
 to license, 
 regulate or 
 prohibit mn- 
 ileal saloons, 
 Ac. 
 
 To make rules 
 and rexula- 
 tions for the 
 erection of 
 buildings. 
 
 Oity ; provided however, the price or Gompensation to be paid 
 by the Corporation of the said Oitj for the said pieces or 
 parcels of land or real estate, to be acquired as aforesaid, shall 
 not exceed the said sum of fifty thousand dollars and that the 
 excess of cost over or beyond that amount, if any, shall be 
 borne and paid by the said Company. 
 
 67. In addition to the subjects for which the Corporation 
 of the said City is authorized to pass By-laws, in and by the 
 tenth section of the Act passed in the twenty-third year of Her 
 Majesty's reign, chapter seventy-two, shall be included musical 
 saloons or establishments wherein intoxicating liquors are sold, 
 and wherein instrumental music or singing, or both, are used 
 as a means of attracting customers ; and the Council of the 
 said City shall have power and authority, by any such By-law 
 to license, regulate or prohibit any such musical saloons or 
 establishments, under such conditions and restrictions as the 
 said Council may deem expedient to impose in the interest 
 of the public. 
 
 58. The Council of the said City shall have power, from 
 time to time, by a By-law or Ordinance, to make such rules and 
 regulations, as to the erection and construction of houses or 
 buildings of any description whatsoever, as the said Council 
 may deem expedient for the safety of the citizens, or for pre- 
 venting accidents by fire, or for the embellishment or better 
 appearance of the said City, and also for the regulation of the 
 height of the chimneys of factories so as to render such fac- 
 tories as little injurious as possible to the health of the citizens ; 
 and by any such By-law or Ordinance, the said Council may 
 appoint one or more fit and proper persons whose duty it shall 
 be, and who are hereby authorized, to visit and examine at 
 suitable times and hours, to be established in such By-laws, as 
 well the interior as the exterior of all such houses or buildings 
 in the said City, for the purpose of ascertaining whether the 
 rules and regulations to be made as aforesaid, have been duly 
 observed and obeyed ; and the said Council may also, by any 
 such By-law or Ordinance, impose such fines not exceed- 
 ing Twenty Dollars, with Imprisonment not exceeding Two 
 
OITT OHABTER AND OTHER ACTS. 
 
 257 
 
 Calendar Months unless such fine be sooner paid, as they 
 may deem expedient for enforcing the same. 
 
 59. All the provisions of any lavr or laws inconsistent with inconsistent 
 the provbions of this Act shall be and the same are hereby repealed, 
 repealed ; and the present enactment shall not have the effect 
 
 of reviving any Act or part of an Act repealed by the said 
 law or laws. 
 
 60. Nothing herein contained shall be construed to repeal By-Laws hero- 
 any By-law heretofore made under any Act or part of an Act nouffeotea 
 or provision of law hereby repealed ; and notwithstanding ^ 
 
 such repeal, every such By-law now in force shall have the 
 same force and effect as if this Act had not been passed. 
 
 61. This Act shall be a Public Act. Fubiio Act. 
 
 FORM A. 
 
 "I, having been appointed Commissioner 
 
 " under the provisions of the (^cits the Acf) do swear that I 
 " will faithfully, impartially, honestly, and diligently execute 
 '* all the duties of the said office according to the best of my 
 "judgment and ability. So help me God." 
 
 FORM B. 
 
 Public noticv) is hereby given that the Assessment Roll of 
 the City of Montreal, for the Ward of the 
 
 said City, (or the supplementary roll of Assessment for the 
 Ward of the said City) is completed and is now deposited in 
 the office of the undersigned, in the City Hall. All persons 
 whose names appear therein as liable for the payment of any 
 assessment, tax or duty, are hereby required to pay the 
 amount thereof to the undersigned at his said office, within 
 twenty days from this day, without further notice. 
 
 City Hall, 
 Montreal, (date.") City Treasurer. 
 
268 
 
 CITY CHARTER AND OTHER ACTS. 
 
 FORM C. 
 
 Corporation of Montreal. 
 Mr. 
 
 Copy of Account. 
 Notice Served, $ 
 
 (^Date of Notice.') 
 Costs, 
 Notice, 
 
 Corporation of Montreal. 
 
 Mr. 
 
 To the Mai/or, Aldermen and 
 Citizens of the City of 
 Montreal, 
 
 To Assessment, &c ^oi' Water 
 Rates, &c. 
 
 (Here State Account.') 
 
 Sir, 
 
 Take notice that, having 
 failed to pay the above men- 
 tioned sum within the time 
 prescribed by public notice, 
 you are hereby required with- 
 in fifteen days from the date 
 hereof, to pay the same to me 
 at my oflSce, together with the 
 costs of this notice and service 
 thereof, as below ; in default 
 whereof, execution will issue 
 against your Goods and Chat- 
 tels. 
 
 City Hall, 
 
 Montreal, (date) 
 
 Costs, 
 Notice, 
 
 (Signature) 
 City Treasurer. 
 
CITY CHARTER AND OTHBR ACTS. 
 
 259 
 
 Province of Canada, 
 
 City and 
 District of Montreal 
 
 ;i 
 
 FORM D. 
 
 In the Recorder's Court of the 
 City of Montreal. 
 
 The Recorder of the City of Montreal : 
 
 Debt 
 
 Costs 
 
 • • • • t)p 
 
 
 
 Warrant . . . 
 
 * 
 
 
 
 
 To any Bailiff of the Re- 
 corder's Court of the City of 
 Montreal, in the said City and 
 District of Montreal. 
 
 Whereas, A. B. (name and designation of debtor^ hath 
 been required by the Treasurer of the said City of Montreal, to 
 pay into his hands, for and on behalf of the said City, the sum 
 of being the amount due by him to the said City, 
 
 as appears by the collection-roll of the said City for the year 
 18 ; and whereas the said A. B. hath neglected and refused 
 to pay unto the said Treasurer, ivithin the period prescribed 
 by law, the said sum of ; these are therefore 
 
 to command you forthwith to make distress of the goods and 
 chattels of the said A. B. ; and if within the space of eight 
 days after the making of such distress, the said mentioned 
 sum, together with the reasonable charges of taking and 
 keeping the said distress shall not be paid, that then you do 
 on such day as shall be indicated to you by the said Treasurer, 
 sell the said goods and chattels so by you detained, and do 
 pay the money arising from such sale unto the Treasurer of the 
 said City, that he may apply the same as by law directed, and 
 may render the overplus, if any, on demand, to the said A. B., 
 or others whom it may concern ; and if no such distress can 
 be found, then that you certify the same unto me, to the end 
 
260 
 
 CITY CHARTER AND OTHBR ACTS. 
 
 that such proceedings may be had therein, as to law doth 
 appertain. 
 
 Given under the hand of the Clerk^ 
 
 of the said Recorder's Court at Mon- ( Y. X. 
 
 real aforesaid, this day of [ Clerk of the 
 
 in the year of our Lord J Recorder's Court. 
 
 FORM E. 
 
 Public notice is hereby given that on next, the 
 
 day of instant, (or next,") the goods and 
 
 chattels of the parties hereinafter named and designated now 
 under seizure for non-payment of assessments (or other duesj 
 as the case may be,") will be sold by public auction, at the 
 hours and places hereinafter mentioned, to wit : — 
 
 NAMES. 
 
 AMOUNT. 
 
 PLACE OF SALE. 
 
 No. Street. 
 
 HOUR OF SALE. 
 
 • 
 
 
 1 
 (■ 
 
 ' 
 
 City Hall, 
 Montreal, ((fate.) 
 
 (Signature,) 
 
 City Treasurer. 
 
 FORM F. 
 
 Public notice is hereby given that the Water Rates for the 
 current year are now due ; and all persons liable to pay the 
 same, are hereby required to pay the amount thereof to the 
 undersigned at his said office, within twenty days from this 
 date, without further notice. 
 
 City Hall, City Treasurer. 
 
 Montreal, (date.') 
 
CITY CHARTER AND OTHER ACTS. 
 
 261 
 
 27 AND 28 Victoria, Cap. 56. 
 
 An Act to regulate the Storing of Gunpowder 
 in and near the Cities of Montreal and 
 Quebec. 
 
 {Assented to 30th June, 1864.] 
 
 WHEREAS life and property are exposed to serious preamble, 
 injuries from the storage of Gunpowder in private 
 magazines, and the conveyance of Gunpowder to and from 
 such magazines, in and near the Cities of Montreal and 
 Quebec : Therefore, Her Majesty, by and with the advice and 
 consent of the Legislative Council and Assembly of Canada, 
 enacts as follows : 
 
 1. The Council of each of the said Cities of Quebec and powers of Coun. 
 Montreal shall have power and it shall be their duty to make and Montreal as 
 
 , ,„ ,. 11. 1 *" ^^^ storage 
 
 and eniorce By-laws tor regulatmg the keeping and trans- and transport 
 
 •' ° ° . *^ ° of gunpowder 
 
 porting of Gunpowder or other explosive or dangerous mate- extended to a 
 rials, as well within the said Cities and each of them as within """es p»>t»ido 
 
 ' ^ ^ _ , the said citiei. 
 
 five miles of the boundaries of the said Cities respectively ; 
 for regulating and providing for the support by fees, of maga- 
 zines for storing Gunpowder belonging to private parties ; for 
 compelling all persons to store therein ; for acquiring land as 
 well within as without the limits of the said Cities (within the 
 distance aforesaid), for the purpose of erecting such maga- 
 zines ; for granting licenses to keep such magazines ; for limit- 
 ing the quantity of Gunpowder which shall be stored therein, 
 and for the continuous inspection and supervision of such 
 magazines ; Provided always that no person shall store, keep Proviso: 
 or have within either of the said Cities, nor within five miles be""tored only 
 from the boundaries of either of them, any quantity of Gun- witiiin^he sai/ 
 powder exceeding twenty-five pounds in weight, at any one 
 time, in any house, building or place other than a building of 
 
262 
 
 CUT CHARTER AND OTHER ACTS. 
 
 stone covered with metal, made fire-proof, surrounded by an 
 external wall of stone or brick, at least ten feet high, and 
 separated from the said magazine by a clear distance or space 
 of ten feet at least, with one opening only in such wall, with 
 copper fastenings. 
 
 2. All Gunpowder stored or kept, contrary to the provi- 
 sions of the next foregoing section, or of any By-law made 
 under it, shall be forfeited. 
 
 Forfeiture for 
 oontTAvention. 
 
 Penalties to 
 be imposed 
 by B}r*Iaw8. 
 
 Powers of 
 Councils, 
 recorders, 
 Police &o. 
 extended to 
 the said 
 limits. 
 
 Act not to apply 
 to-Her Majesty's 
 magazines. 
 
 3. The By-laws of the said Councils respectively may 
 impose such penalties, not exceeding two hundred dollars fine 
 nor more than thirty days imprisonment, or both, for each 
 offence, as they may deem necessary for enforcing the same, 
 and may provide in what manner the forfeiture specified in 
 the second section of this Act may be enforced ; and for all 
 the purposes of this Act the jurisdiction and powers of the 
 Council of each of the said Cities, and of the Recorders, 
 Judges of the Sessions of the Peace, and other Officers and 
 Police thereof, shall extend aftd apply to the tract of land 
 lying within five miles of each of the said Cities, respectively 
 as if such tract were included within the limits thereof ; any- 
 thing in any Act or law to the contrary notwithstanding. 
 
 4. This Act shall not apply to nor affect any magazines 
 belonging to Her Majesty nor to the conveyance of Gunpow- 
 der and stores to and from Her Majesty's magazines by Her 
 Majesty's forces on military service. 
 
by an 
 ;h, and 
 'Space 
 I, with 
 
 provi- 
 made 
 
 r may 
 rsfine 
 
 each 
 same, 
 led in 
 'or all 
 >f the 
 rders, 
 3 and 
 land 
 iively 
 
 any- 
 
 r 
 3' 
 
 zines 
 
 pow- 
 
 Her 
 
INDEX. 
 
 PAOB 
 
 ACCOUNTS, City Trearorer's 32 
 
 ACTING MAYOR, to be appointed quarterly 85 
 
 ADJOURNED, Meetings of Council ,... .........36 
 
 ALDERMEN, qualification of 9 
 
 " how elected 21, 22 
 
 ANIMALS, cruelty to 193 
 
 APPRENTICES, 48 
 
 APPROPRIATIONS, how made 149 
 
 ASSAULTS, 166 
 
 ASSESSORS, appointment and duties of. 23, 31, 100, 101 
 
 Their remuneration 23 
 
 Oath to be taken 24 
 
 Their powers 24 
 
 By-laws relating to 25, 53 
 
 ASSESSMENT, of Is. 6d. in the £ on real estate 42 
 
 Additional not exceeding 3 pence in tue £ 52 
 
 Non-payment of, liable to increase 56 
 
 Properties to be sold after 5 years' non-payment of 56 
 
 Mode of proceeding 56, 57 
 
 Tenant liable, with right to deduct from rent 57 
 
 Privilege for 5 years' assessment 58, 86 
 
 Applications for reduction of 100, 101 
 
 Collection of assessments — how made 249, 250 
 
 Special for street improvements — how made 243 
 
 Roll when completed to bo deposited... 243 
 
 Public notice to be given 243 
 
 Roll may be revised 243 
 
264 INDEX. 
 
 How recoverable 244 
 
 Majority of assessors to decide... 244 
 
 For street paving, sidewalks, &c 244, 245 
 
 ATTENDANCE of Members at Meetings 48 
 
 AUCTIONEERS 43 
 
 AUDITORS, appointment of, oath, &c 25,115 
 
 BANKS 42 
 
 BILLIARDS 42 
 
 BOARD OP HEALTH 45 
 
 BOARD OF REVISORS 11, 15, 16, 103 
 
 Their powers Airther defined 91 
 
 BONDS, power to issue {See Loan) 5 
 
 BOUNDARIES of Wards 5,6,7,8 
 
 BOUNDARY Stones 230,232 
 
 BOXES for election of Mayor and Councillors 14 
 
 BREAD, weight and quality of. 48,97 
 
 BREWERS 43 
 
 BRICK MAKERS 43 
 
 BROKERS 42 
 
 BRIBERY at elections 113 
 
 BUILDING AND JURY fund... 208,209 
 
 BUILDINGS, erection of. 60, 256 
 
 BY-LAWS for general purposes 41, 94 
 
 '' to be submitted to Governor General 55 
 
 " to be public luws 106 
 
 CARRIAGES, tax on 42 
 
 CARTERS 97,106 
 
 CASTING VOTE of Mayor ...34 
 
 CATTLE, running at large 97 
 
 " Markets 49 
 
 CEMETERIES 66 
 
 CHIMNEYS 63,64,256 
 
INDEX. 
 
 265 
 
 « 
 
 CIRCUS 42, 95 
 
 CITY BOUNDARIES *. 5 
 
 CITY COUNCIL— how composed 9, 18 
 
 CITY COUNCILLORS-how elected 89 
 
 their qualification 9 
 
 term of office 18, 21 
 
 maybe re-elected : 19 
 
 not to serve for more than one ward . 19 
 " to be Justice of the Peace 28 
 
 CITY CLERK 28, 29, 252 
 
 CITY TREASURER 29, 31, 32, 77, 78, 79 
 
 CITY SURVEYOR 29 
 
 CITY OFFICERS, disqualified from voting 103 
 
 CITY RAILWAY 161 
 
 CLERK RECORDER'S COURT 252 
 
 COAL 45,99 
 
 COCK-FIGHTING 96 
 
 COLLECTION of taxes and City dues 249, 250, 251 
 
 " of water rates 251,252 
 
 COMMISSIONERS {See Expropriation) 23i 
 
 COMMITTEES 36 
 
 COMMON-SCHOOLS, contribution to 198, 199 
 
 COMMUTATION, money 44 
 
 CONFISCATION 97 
 
 CONSTABULARY FORCE 48, 67 
 
 CONTESTED ELECTIONS 19, 20 
 
 COPIES of entries of minutes, &c 35 
 
 CRUELTY to Aninmle 193 
 
 DF^^D BODIES 96 
 
 DEBENTURES 5 
 
 DECORUM at Meetinj?s of Council 107 
 
 DEPUTY RECORDER 94 
 
266 
 
 INDBX. 
 
 DEPUTY CLERK, Recorder's Court 84 
 
 DISCOUNT, on a8ses8ment8,&o 102 
 
 DISORDERLY peraons .190 
 
 DISQUALIFICATION of Members.. 9, 19, 20,28 
 
 DISTILLERS 43 
 
 DISTURBANCE at elections 17 
 
 DOGS 42 
 
 DOORSTEPS 47 
 
 DRAINAGE, loan for 151,248 
 
 ELECTION of Mayor and Councillors 13, 14, 15, 17, 18 
 
 " when to be held 85 
 
 " Mayor to appoint a day for, ^'n certain cases 20 
 
 ENCLOSURE of lots 46 
 
 ENCUMBERING streets, ko 96 
 
 ENQUIRIES in Committees 58 
 
 EQUALITY of votes 15,19 
 
 ESTATE, Marsteller.., 157, 158, 159, 254 
 
 EXECUTIONS for taxes, assessments, &c 250 
 
 EXEMPTIONS from office of Mayor, &c 27 
 
 EXPENDITURE, limited 150 
 
 " , penalty for excess of. 150 
 
 EXTRAORDINARY VACANCIES in Council 22 
 
 EXTRACTS of minutes and 35 
 
 EXPROPRIATIONS, mode of procedure 234 
 
 Appointment of Commissioners 234 , 235 
 
 Notice in the Post Office 234 
 
 " in Newspapers 234 
 
 " to be posted on lots 235 
 
 Court to appoint Commissioners 235 
 
 Commissioners held to act , 235 
 
 Exemptions 235 
 
 Commissioners to be furnished with plans 286 
 
 " to be sworn 236 
 
iin>EX. 
 
 267 
 
 EXPBOPRIATIONS. 
 
 Comniissioners their powers and salary 236 
 
 " to be furnished with title deeds 236 
 
 Procedure for valuation of property 236 
 
 Examination of witnesses 237 
 
 No indemnity for buildings erected after posting up 
 
 of notices 239 
 
 Majority of Commissioners to decide a question 237 
 
 Increased value of residue of property 237 
 
 If Commissioners fail in their duties 237, 238 
 
 In case any one should die 238 
 
 When appraisement is completed, parties to be 
 
 heard and notified 238 
 
 Report of Commissioners to be submitted to Court 
 
 fjr confirmation 238, 239 
 
 Confirmation to be final and without appeal 239 
 
 After confirmation, Corporation to deposit amount 
 
 of compensation 239 
 
 Effect of deposit 239 
 
 Mortgages removed 240 
 
 Recourse of mortgagees 24G 
 
 Money, how distributed 240 
 
 Money, not liable to tax or commission 240 
 
 Provisions extended to compensation for alteration 
 
 of levels, &c 240,241 
 
 Corporation may acquire a certain extent of land 
 over that required for the improvement, under 
 
 certain restrictions 241 
 
 New mode of expro^^riation extended to improve- 
 ments ordered before the passing of this Act 244 
 
 FENCES 46 
 
 FERRIES 37, 43, 48 
 
 FINES. 
 
 For non-acceptance of office 2Q, 27 
 
 FINES AND PENALTIES 52, 66, 263 
 
 FIREMEN. 
 
 Exempt from certain duties 53 
 
 FIREWOOD A 46, 99 
 
1268 INDEX. 
 
 FORMS. 
 
 Of convictions 176, 182 
 
 FORWARDERS. 
 
 Tax on 42 
 
 GAMING .J 95, 192, 196 
 
 GAOL 206 
 
 GAS COMPANIES 43 
 
 GENERAL POWERS. 
 
 Corporate 4 
 
 GRAND TRUNK. 
 
 Railway Company 154, 155 
 
 Terminus 255 
 
 HARBOUR. 
 
 Commissioners 71, 119 
 
 HAY. 
 
 Sale of 99 
 
 Market [new] 248 
 
 HORSES. 
 
 Tax on 42 
 
 HOUSE OF INDUSTRY 157, 158, 159, 254 
 
 HOUSES OF ILL FAME 167, 191 
 
 INNKEEPERS 42 
 
 INSPECTORS. 
 
 Of Pot Ashes, &o 43 
 
 INSURANCE. 
 
 Companies 43 
 
 INTERMENTS 4.. 
 
 INTERPRETATION. 
 
 Clause J 72 
 
 INVESTIGATIONS 68 
 
 JURY LISTS 227 
 
 JUSTICES OF THE PEACE 28 
 
 JUVENILE OFFENDERS 178 
 
INDEX. 
 
 269 
 
 KYTES 96 • 
 
 LABOURERS. 
 
 Wages 264 
 
 LARCENY 166 
 
 LESSORS. 
 
 And Lessees '. 253,254 
 
 LEVELS. 
 
 Of streets may be altered 47 
 
 Compensation for p 47 
 
 LIGHTING. 
 
 Streets, &o 47 
 
 LIMITS. 
 
 Of the City ...5 
 
 LOAN. 
 
 Of £160,000 for general purposes 38 
 
 Of £50,000 for Water Works 131 
 
 Of £160,000 Stg., for «' 189, 140 
 
 Of £50,000 for " 38 
 
 Of £60,000 for " 144,146 
 
 Of £60,000 for «• 148,149 
 
 Of £126,000 Stg., to consolidate debt 76 
 
 Of £100,000 Stg., to " 102 
 
 Of £10,000 Stg., for new Markets 104, 10.^ 
 
 Of $176,000 for drainage, &c 151, 162 
 
 Of 6160,000 for " 218 
 
 Of 020,000 for Fire Alarm Telogruph 162 
 
 Of £87,600 to redoem St. Lawicnco and At- 
 lantic Iliiilrond Bonds 156 
 
 Of 8160,000 for widoniujr Notro D.mic 8tro."t...247 
 
 Of $00,000 for the new Hay Market 248 
 
 Of $50,000 for the Grand Trunk Terminus ...255 
 
 LORD'S DAY. 
 
 Observance of 99 
 
 LOCAL IMPROVEMENTS. 
 
 Ske Expropriations 234 
 
 LOOSE AND DISORDERLY. 
 
 Persons 190 
 
270 
 
 INDEX. 
 
 MAGISTRATES. 
 
 Powers of, vested in Council 36 
 
 MARKETS. 
 
 Sites may be altered 44 
 
 Bye-laws relating to ..44, 45 
 
 MARSTELLER. 
 
 Estate 157, 158, 159,264 
 
 MAYOR. 
 
 Election of. 10 
 
 Term of Office 16, 18, 21 
 
 Vacancy in the Office of..... 16 
 
 Penalty for non-acceptance 16, 26 
 
 Absence or sickness of. 23, 115 
 
 A Justice of the Peace 28 
 
 Salary of .„ ..28 
 
 To preside at meetings 34 
 
 Casting vote... ^. , 34 
 
 Excluded from Board of Revisers 103 
 
 MAYOR'S COURT. 
 
 Abolished 66 
 
 MEETINGS. 
 
 Of Council, quarterly 20 
 
 Special .• 34 
 
 Minutes of. ....35 
 
 To be held with open doors i....35 
 
 Who shall preside 34 
 
 Quorum 34 
 
 Adjourned meetings 35 
 
 Maintenance of order at ...107 
 
 MILITIA. 
 
 RoUs 223, 224, 225, 226 
 
 MUSICAL SALOONS ,.256 
 
 NOMINATION. 
 
 Of candidates 91, 92 
 
 NON-RESIDENTS. 
 
 Suits against 100 
 
 NOTICES. 
 
 How given 104 
 
INDEX. 271 
 
 NOTRE DAME STEEET. . 
 
 Widening of. ,.246 
 
 To be divided into4 sections .246 
 
 One year allowed for each section : 246 
 
 Cost of improveihent, how borne 246 
 
 Duties of Commissioners 246 
 
 Provision relating to leases 247 
 
 Special assessnient to be levied 247 
 
 Delay may be granted 247 
 
 Proprietors may anticipate time fixed for improvement.. 247 
 Loan of $150,000 247 
 
 NUISANCES 46,96,107 
 
 OATH. 
 
 Of Voters 14, 112, 114 
 
 Of Mayor, Aldermen, &c , ..i 26 
 
 Of Auditors ,...115 
 
 Of Assessors ..^^ 24 
 
 Of Commissioners 236, 257 
 
 OBSERVANCE. 
 
 Of the Lord's Day ...99 
 
 OFFICERS. 
 
 Deprived from voting at Municipal Elections 103 
 
 To render accounts 32 
 
 To pay over moneys received 33 
 
 Maybe proceeded against 33 
 
 OIL FACTORIES 96 
 
 OLD WALLS. 
 
 Buildings, &c 48 
 
 OLD WATER WORKS. 
 
 , Purchase of. 120 
 
 OVERCHARGES. 
 
 Of assessment 100, 101 
 
 PARLIAMENTARY. 
 
 Voters' list 210 to 222 
 
 PEACE. 
 
 And good order 95 
 
272 INDEX. 
 
 PENALTIES 52,253 
 
 PEDLING 96 
 
 PLAN. 
 
 Of the City, how made - 280 
 
 Surveyors to lay out streots ; 230 
 
 May enter upon property 230 
 
 To make out plans of streets 230 
 
 Boundary stones 230 
 
 Laying out of streets may be made by section . ...230, 231 
 
 Plans to be confirmed by Court 231 
 
 When confirmed to be binding on all parties 281 
 
 Duplicate plan to be made 232 
 
 New streets, when to be opened 232 
 
 POLICE FORCE. 
 
 Authorised to apprehend idle and disorderly persons.... 68 
 
 Further powersgivento 69 
 
 If guilty of neglect of duty 71 
 
 Assault on, punishable 71 
 
 POLICE MAGISTRATES. 
 
 Powers of..... 187,188 
 
 POUNDS. 
 
 Public ■.... 99 
 
 POWDER 261 
 
 POWER. 
 
 To issue Bonds .5 
 
 POWERS. 
 
 Formerly vested in Magistrates to be exercised by 
 Council 36 
 
 PRIVILEGED CLAIMS. 
 
 For assessments, &c .1.86 
 
 PROCEEDINGS. 
 
 Against members unduly elected 19, 20 
 
 PROSTITUTION 95,191 
 
 PUBLIC POUNDS 99 
 
 QUALIFICATION. 
 
 Of Mayor 9 
 
 " Of Aldermen 9 
 
INDEX. 278 
 
 Of Coimoillora 9 
 
 Of voters 10, 89, 90, 210 
 
 QUARTERLY MEETINGS. 
 
 Of Council 20 
 
 QUORUM. , ' 
 
 At meetings of Council 34 
 
 RACING 95 
 
 RAILWAYS 106 
 
 RECORDER. 
 
 Appointment of. G4 
 
 His salary 64, 94 
 
 May appoint deputy 94 
 
 RECORDER'S COURT. 
 
 Established 59 
 
 Its powers defined 63, 118 
 
 Further powersgiven to..65, 84, 87, 106, 108, 109, 118. 194 
 
 Fines, how recovered 66 
 
 . To be held by Recorder only 83 
 
 Writs or processes, how signed 83 
 
 Clerk of. 84,252 
 
 Judgments summarily registered < 118, 252 
 
 Fines and penalties 66, 253 
 
 Jurisdiction of, extended to cases between lessors and 
 
 lessees 2.53, 254 
 
 Acts relating to 166 to 198 
 
 REMISSION. 
 
 Of fines ..V 66 
 
 REPEAL 
 
 Of certain laws 7i 
 
 REPRESENTATION. 
 
 Of Wards 18 
 
 RESIGNATIONS. 
 
 Of members 21 
 
 RIOTS 95 
 
 SALT. 
 
 Weight and measurement 45 
 

 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 .vv,^ 
 
 
 ^ 
 
 ^ 
 
 1.0 ;^i2A i^ 
 
 ■tt Uii 12.2 
 
 I.I 
 
 m m 
 
 M 
 
 ll^^s InllSB HIIIHH 
 
 ^ -^ 
 
 
 >>' 
 
 
 v%. 
 
 PhotDgraphic 
 
 Sdenoes 
 
 CorporatiQn 
 
 4^ 
 
 V 
 
 ^^ 
 
 V 
 
 \ 
 
 \ 
 
 33 WnT MAIN STMIT 
 
 WIMTm,N.Y. USiO 
 
 (7l*)t73-4S03 
 
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 ^"^2^ 
 
 ^ ^ 
 
 ^ 
 
 6^ 
 
? 
 
 ^'A<Sf 
 
 
274 
 
 INDEX. 
 
 SCHOOLS. 
 
 Oommon 198, 199 
 
 SERVANTS. 
 
 Conduct of. 48 
 
 Wages of. 254 
 
 SEWERS. 
 
 Power to assess 46 
 
 SHERIFF. 
 
 Duties of, in connection with consolidated debt 80, 81 
 
 SHOWS 95 
 
 SINKING FUND 77, 78, 79 
 
 SLAUGHTERHOUSES 96 
 
 SNOW. 
 
 Remoral of. 96 
 
 SOAP FACTORIES 96 
 
 SPECIAL ASSESSMENT. 
 
 For watering and sweeping Streets 49 
 
 For property destroyed by mobs 49 
 
 On Real Estate. See Assessment. 
 
 SPECIAL MEETINGS. 
 
 Of Council, how called 34 
 
 STATUTE LABOUR 44 
 
 STEAM ENGINES 96 
 
 ST. LAWRENCE 
 
 And Atlantic Railroad Bonds 163, 154 
 
 STREETS. 
 
 Power to open 233 
 
 How laid out 230 
 
 Plan of. 230 
 
 Paving of. 244 
 
 Beyond city limits 242 
 
 Register of. 98 
 
 Watering and sweeping of, 49 
 
 SUNDAY. 
 
 Observance of 99 
 
INDEX. 2t6 
 
 TARIFF. 
 
 Of Recorder's Court.... 65 
 
 Of Water rates 40, 116 
 
 TAVERNS 95 
 
 TAVERNKEEPERS. 
 
 Tax on..... 42 
 
 TAX ON BUSINESS ; 42 
 
 TAXES. 
 
 How collected 249, 250 
 
 TELEGRAPHS 162 
 
 TENANT. 
 
 Liable for assessment with recourse against proprietor.... 57 
 
 THEATRES. 
 
 Tax on 42 
 
 TREES. 
 
 Planting of. '. 98 
 
 TRINITY HOUSE. 
 
 Powers not affected. ...71 
 
 VACANCIES. 
 
 In Council '. 22,93 
 
 VACANT LOTS. 24 
 
 VACCINATION 200 
 
 VAGRANTS 191 
 
 VOTERS' CERTIFICATES 12, 13, 112 
 
 VOTERS' LIST 
 
 How made.., 10 
 
 Open for public inspection 10 
 
 When completed 12 
 
 •To be filed in City Clerk's office.... 12, 113 
 
 Parliamentary 210 to 222 
 
 VOTES. 
 
 Case of equality.... 15,19 
 
 WAGES. 
 
 Of Servants 254 
 
276 
 
 INDEX. 
 
 WALLS. 
 
 Separation 50 
 
 WARDS. 
 
 Boundaries 5, 6, 7, 8 
 
 How represented 18 
 
 WATER COURSES 98 
 
 WATER RATES. 
 
 Power to impose...... 40, 116 
 
 Collection of. 251 
 
 WATER WORKS. 
 
 Management of. 98 
 
 Old Water Works 120 
 
 Introduction of water in buildings 41 
 
 Supply may be cut off 41 
 
 Power to extend beyond city limits 142 
 
 Bridges to be built, fences, &o 142 
 
 Tailrace w 143 
 
 Pipes 129 
 
 Property, how sold 143 
 
 Loans for. See Loan 
 
 WITNESSES ...58,63 
 
 WOODEN BUILDINGS '. 50 
 
 WRITS. 
 
 Of mandamus 19, 20 
 
 I 
 
■